Minutes 02-18-76MINUTES OF THE RECONVEYED CITY COUNCIL MEETING OF FEBRUARY
OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD IN CITY ~L~LL,
WEDNESDAY, FEBRUARY 18, 1976
17
PRESENT
Joe DeLong, Mayor
Joseph F. lack, Vice Mayor
Emily M. Jackson, Councilwoman
Norman F. Strnad, Councilman
Frank Kohl, City Manager
Tereesa Padgett, City Clerk
M~¥or DeLong called the meeting to order at 2:00 P. M. and
announced it was a reconvened meeting of the regular City
Council Meeting of the City of Boynton Beach of February 17.
Mayor DeLong~announced the first order of business woul~ be
a motion to revert to the regular order of business. Mrs.
Jackson moved, seconded by Mr. Str~ad. Motion carried 4-0.
OLD BUSINESS
Status Report on the City's Request for Bank Loan
Mr. Kohl advised that at the City Council's direction, they
have written to the nine (9) banks and savings and loan in-
stitutions in the City. On file are copies of three responses
which are self-explanatory. Three additional bank~ advised
him by phone that they would not be interested at this time.
Mr. David McEaughlin of the West Boynton Beach National Bank
called him on Wednesday, February 11, at 12:30 P. M., to ad-
vise he had just received our letter date~ and postmarked
February 6. Due to the lateness in the mail service, he
would be unable to develop his bid presentationbyFriday,
February 13. However, they are very much interested in pre-
senting a bid to the City and he has therefore given him an
extension until Tuesday, February 17 (the day of the meeting)
so he wilZ have an opportunity to submit his bid. We will
make copies and present to you immediately upon receipt of
same. Also on file ~s correspondence from the First Bank and
Trust and the two amortization schedules they included, for
your perusal. Mr. Kohl added that a copy of ~@. McLaughlin's
letter was now on file.
M~rs. Jackson asked if the City Attorney was going to be pre-
sent today and Me~or DeLong replied: no, since they have taken
care of the legal aspects. Mrs. Jackson stated she would like
to ask the City Manager to have the City Attorney research
this and put in writing whether this method of financing is
legal and is this deficit spending? ~. Kohl replied that
the State Statutes do give cities the approval and M~s.
Jackson requested a copy of this statute. M~yor DeLong
added that this was not deficit spending. M~. Kohl agreed
and added that they have monies available.
M~INUTES - RECONVE~ED CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 18, 1976
Mr. Kohl then read the following letter dated February
t976, from Mr. George I. Wilde, President of First Bank and
Trust:
"In keeping with our recent telephone conversation, and
in particular, with your meeting with ~. Donald R. Robertson,
Vice President of our bank, please find enclosed two amortiza-
tion sh~dules as requested by you. The first schedule pro-
vides for monthly amortization of a $600,000.00 loan for 13
years at 7% interest. The second schedule provides for the
monthly amortization of a $666,261.00 loan for a period of
15 years at an interest rate of 7%. This schedule provides
for the repayment of the bonds currently outstanding which
are secured by the cigarette tax revenue and this amoun~
equals $66,261.00.
Please be advised that these schedules are provided to
indicate the amount of principal and interest which would be
due monthly, and that the interest is calculated on the unpaid
principal bal~uce. In addition, we would allow advanced
principal payments to be made and there would be no prepay-
ment penalties charged. In other words, the City could amor-
tize in accordance with the enclosed schedules or accelerate
at its discretion. Please be advised that we are prepared
to commence preparing the require~ documentation at the con-
venience of the City and if there are any additional questions
that you may have, please advise. Thank yo~ for your consid-
eration in this matter."
Mayor DeLong asked whether they should enter into the record
the replies received from the other banks. Mr. Kohl informed
him that they had received letters from West Boynton Beach
National Bank, First Federal Savings of the Palm Beaches,
Broward National Bank of Boynton Beach, and First Federal
Savings & Loan Association of Lake Worth and all were not
interested.
Mr. Kohl informed the Council that the reason they requested
$666,261.00 is because they owe $66,261.00 to the Boca Raton
Bank to pay off cigarette tax monies they gave them on a loan
there. He continued that $300,000 of this was more or less
for the second story on the police station and $300,000 for
four acres of land on U. S. I and the intracoastal.
Mayor DeLong pointed out that they have three proposals on
the land, but have no assurances at the present time what the
second story on the police station is going to cost until
they get a cost estimate and preliminary plans. He then
asked the amount of the revenue received from the 2% cigarette
tax yearly and Mr. Kohl informed him it was approximately
$93,000 this yes~. Mayor DeLong then asked the amount of the
monthly payment on this loan on the t3 year route and
Kohl informed him it was approximately $70,000.
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MINUTES - RECOAr~EA~D CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 18, 1976
Mayor DeLong continued with referring to the property on
Federal Highway adjacent to the boat ramp and explained
how it may be advisable to accept the middle proposal which
would be an approximate payment of $20,000 a year to give a
cushion. He thinks it is advisable to arrive at a little
cushion in case the cost estimate of the police station runs
over $300,000. Mr. Kohl pointed out that the bank had only
presented two schedules. Mayor DeLong clarified that he was
talking about negotiations with the man who owns the property.
Instead of paying$300,O00 down, they should find out how
much they will need in addition to $300,000 for the police
station. He asked how much the land would cost per foot and
~. Kohl replied.anywhere from $20,000 to $30,000 per square
foot. Mayor DeLong stated he believed the proper order of
business would be to negotiate with the~ man owniog the proper-
ty so they wo~ld not go beyond $93,000, the anticipated cigar-
ette revenue. They do notwa~nt to start something they could
not finish. Mr. Kohl stated they would have to come up with
a new schedule and Mayor D~Long agreed, but just for the land~
Mayor DeLong continued that they figure roughly $300,000 for
the second story for the police station and they are open to
negotiate with the man owning the property. They ha~e three
proposals. If they take the center proposal~they would ~e
paying $150~000 d~wn and wGuldhave $150~000 surplus. They
should strike a h~ppy balance Of what is meededi for the second
story of the police station and that would be the payment
they would make on the lan~. Mr. Kohl agreed.
Mrs. Jack~on stated she felt they were mixing apples and
or~ges with talking about the police station and boat ramp
property. She woUl~ like some research done as to how many
people would use the boat ramp. Would it be used by just a
portion of the people? She can understand doing recreational
things for the children, but she doesn't feel there are that
many people who have boats. ~Dyor DeLong asked if she had
ever been at the boat ramp on Saturdays or Sundays and looked
at the conditions and M~s. Jackson replied: yes, but how many
are from our City? Mayor DeLong informed her that the people
from this City will pay a yearly fee and those from the out-
side will also have to pay a fee and he explained how people
from all over used this r~p. Mrs. Jackson stated she was
not opposing it, but would rather not mix these two. She
would like to have two separate votes, but they are talking
about money for both. Mayor DeLong informed her that they
voted on the police station last night and now they are going
to vote on the land.
~{ayor DeLong announced the first order of business would be
the bank loan. Then, they should go into negotiations of the
land. This will give Mr. Kohl time enough while negotiating
on the land to engage the services of an architect and avoid
what they went through p~viously. The order of business now
before the Council is whether to instruct the City Manager to
negotiate the bank loan.
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MI~JTES - RECO~-VE~qED CITY COUNCIL MEETING FEBRUARY 18, 1976
BOTNTON BEACH, FLORIDA
~. Strnad made a motion for this Council to consider to have
tt~he City ~.~a~ er~ p~rs~ue the purpose of getting a bank loan in
ne amount of $666,261,00 for the period of 15 years at the
interest rate of 7% for the purpose of construction of a
second story on the police station and also for acquisition
of the property adjacent to the present boat launching ramp.
~. Zack secsnded the motion and added that it was also to
repay the existing loan. Under discussion, Mrs. Jackson
stated that until she has it in writing that this method of
financing is a legal way of doing it, she is not going to
vote for it. Mn~s. Padgett then took a roll call vote as
follows:
Councilwoman Jackson - No
Councilman Strnad - Aye
Vice ~yo~aZack - Aye
M~dvor D~Long - Aye
Motion carried 3-I.
Mayor DeLong announced the next order of business would be
to instruct the City Fmnager to negotiate for the purchase
of land which is contiguous to the boat launching ramp on
the north and west. ~m. Zack moved to have the City Manager
start negotiations on the ground referred to by Mayor DeLong,
seconded by Mr. Strnad. Under discussion~ Mrs. Jackson
state8 that she felt the same that until she has it in writ-
ing from the City Attorney about this method of financing,
she will vote no. Mr. Strnad clarified that this land they
are proposing to acquire is not specifically for the boaters.
This can be used for any recreational purpose so desired by
the City. He has had numerous requests from the Recreation
Department for more land. He thinks it is the time now to
purchase it. Mayor DeLong remarked that evidently time does
c~hange things, as it ~as the Jacksons who prevailed upon
him previously to get this property. Mrs. Jackson disagreed.
Mayor DeLong continued with advising that the City Manager
has researched this in regards to the legality and Mr.
Kohl stated this was correct and he had done so with the
attorney. Mayor DeLong asked if everything was in order
and Mr. Kohl replied: yes, according to the City Attorney.
Mrs. Jackson stated she would like it in writing and ~.
Kohl replied that he would get it for her. Mrs. Padgett
then took a roll call vote as follows:
Councilwoman Jackson - Ro
Councilman Strnad - Aye
Vice Mayor Zack - Aye
~¥or DeLong - Aye
Motion carried 3-1.
Request of Mr. Joseph F. Ho~enmiller (TABLED)
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MINUTES - RECOh~ENED CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
F~BRUARY 18, 1 976
Mayor DeLo~ referred to.the plan submitted pertaining to
this request and stated that a 4 i~ch water line was shown.
He looked this up and understands it is a dead line. He
then stated that the Council members have had time to study
this and asked what was their pleasure?
~s. Jackson referred to two years ago when Mr. Leonard
Smith came forward to build apartments on little islands.
She mentioned how he was made to go through the prescribed
method per the Charter and questioned if they had double
standards? Mayor DeLong replied: yes and referred to aban-
doning property when she was Mavor. Mrs. Jackson continued
that she figures this piece of property is worth $805. She
feels this would be giving one person something after having
made another person go through the whole process. She would
be willing to let this piece of property go up for bid if
they find out it is a dead water line. Since they did this
for another man with an island, they should do the same
thing now. Ma~0r D~Long i~formed her that this was not an
island, but a right-of-waN. F~s. Jackson continue~ that the
little island ~. smith bi~ on, he could not build a house
on it. However, this man could build another house on this.
Mayor DeLong~ informed her that it had been measUred and the
man already has sufficient ground to build a house, but he
bought the lot to the east to keep someone from building a
house on it. Mr. Zack added that he checked this area and
agme~s~there is enough room for a house to be built ~De~b~sthe *see min-
~~2,000 Sq. feet. M~yor DeLong remarked tha~t it utes 3/2/76
was ~mmaterial to h~ what be~ ~anted to do. He referred to
a street,be~g aba~d0ned beh~r~d~' Mrs. Barrett's house and this
show~g ~hat~ prior -QouncilS h~ve been guilty, ef double, stan-
d~ards. .Mr.'Zack pOi~ted out ~h~t the City ha~ not tauten care
of this ±ot, but this gentlemah has. However, to put it up
for bid is another question.
Mayor DeLong stated'that they mus~ find out if this is a live
water line and Mrs. Jacksom suggested tabling this until they
find out about this. Mr. Kohl left the room to find this out.
~. Strnad questioned who would bid on this and Mrs. Jackson
read the applicable law. She referred again to Mr. Smith
having to bid and pointed out that this was a much larger
piece of property being considered now. ~. Zack informed
her that the taxes on this property would be about $10.00
per year. Mr. Strnad questioned how much it would cost to
have it appraised and added that it may be more than the bid
received. Mayor DeLong stated that Mrs. Jackson read from
the Charter, which dan be am~nde~. M~s. Jackson stated she
thought it was very.good to have and Mayor DeLong ~eplied
that he thought the~e should be some flexibility. Mayor
DeLong referred to F~. Smith~s request in ~973 and how he
had tried to convince the CoUncil to sell the property.
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MI~JTES - RECONVENED CZT¥ COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 18, 1976
_Mr. Strnad stated that he thinks this ordinance has a lot of
merit, but they should also use some common sense. This
ordinance should be applied where the intent was directed at.
He doesn,t thi~k the man is going to g&in anything monetarily.
If the~ give~ an alley, he says use the ordinance, but this
man won't get anytbenefit out of it. Mayor DeLong agreed it
should be flexible. He would like a motion to amend this.
He still questioned who would bid on this particular property
and pointed out that it was between the street and the man's
property. He thinks a motion would be in order to amend that
particular section.
At this time, Mr. Kohl returned and informed them that it was
a live water line. Mayor DeLong stated that in view of this,
he believes it would be in order not to approve this request
and instruct the City Manager to contact the man and advise
him that he has permission to beautify it as long as he keeps
within the code. Mrs. Jackson so moved and added that the
City Manager should also explain to him that there is a live
water line Under there and the City must be allowed to use it.
Mayor. DeLong replied that this was not necessary. Mrs. Jackson
replied that she thought he should be notified, but he can use
it. Mr. Zack seconded the motion. Motion carried 4-0.
Consider Appointment of Assistant City Prosecutor (TABLED)
Mrs. Jack, on stated that she talked to several people and
they are not interested. Mayor DeLong announced it would
remain on the table.
Discuss ~enda Policy (Councilwoman Emily M. Jackson)
Mrs. Jackson said she wanted to know if it was still policy
that everything should be in the City Manager,s Office by
Wednesday noon and if it is still policy that nothing is
going to be added at the end of the meeting unless it is an
emergency? Mayor DeLong replied that they have followed
this and Mr. Kohl agreed. Mr. Kohl added that he has always
asked for approval of the Mayor or Council to add things of
an emergency nature which he received on Monday or Tuesday.
Mrs. Jackson referred to the last meeting when two letters
were considered which they did not even have a chance to
read. Mr. Kohl agreed. ~rs. Jackson continued that she
believed Mx. Kohl stated he had just received these letters
and he did not request action, but the Council voted on it.
She did not know what was in the letters. They discussed
how thinEs such as this happen, but actually nothing inten-
tionally was done wrong. Mrs. Jackson agreed, but added
that it was foolish to vote on it and they should have been
given these letters for study.
Mr. Zack referred to the changed ordinance by the attorney
and added that he did not have a copy of this, but it was
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MINUTES - RECONVEAq~D CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 18, 1976
his fault as he did not pick it up. Mrs. Jackson stated this
was not in her mailbox this morning, but was there this after-
noon. M~. Kohl informed them that these were put in their
mailboxes just as soon as the Attorney gave them to him late
in the afternoon. The members discussed when they received
their copies and Mrs. Jackson insisted hers was not there in
the morning. N~. Zack suggested that the City Mansger hand
the copies to the members at the meeting. Mr. Kohl replied
that he has done this, but questionsswhether it looks well
to the public. He will gladly do it that way, but assumed
otherwise they may have an hour or two to look over it be-
fore the meeting. Actually, he doesn't like to have any-
thing on the agenda unt~ss he has it by Wednesday or
day, but he explained how there were exceptions.
N~s. Jackson requested that they make a p~licy. Mayor DeLong
announced that everyone would adhere to the established
policy whereby there is a cutoff date for items on the agenda
and only e~gency items will be considered after that.
NEW BUSINESS
NOKE
ADMINISTRATIVE
~onsider Request of Mr. Thomas G. Purdo
At this time, Mrs. Jackson stated she did not contact Mr.
Pu~do in reference to Ueing appointed Assistant City Prose-
cutor since he was turned down, but somebody may want to
contact him. Mayor DeLong replied that he feels the Council
did not think he was satisfacvory. If the Council wanted to
re-appoint him, they would have. The Council believes they
do not have a substitute at this time.
Mr. Kohl referred to correspondence from the former City
Ih~osecutor, Mr. Thomas G. Purdo, and the s~atement he sub-
mitted for extra work he accomplished for the City.. Mr.
Kohl requested the Council,s wishes on this matter, so he
may advise F~. Purdo of their decision. He added that as
the Council is aware, they got involved in quite a lengthy
discussion with Village Ro~ale on the Green and P~. Purdo
thinks this was above 'and beyond the call of duty and there
is no ~oubt he did get involved in quite a few hours. M~.yor
DeLong reDlied that it would aopear that as administrative
head of t~e City, Mr. Kohl wou~d ~mow what services M~. Purdo
did perform and the Council could act on his recommendations.
Mr. Zack pointed out that some of the work was done in Octo-
ber or November. Mrs. Jacl~on stated that she thought it
would set a precedent since it was not in the budget.
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MtNU~S - RECONVEh~D CITY COUNCIL ~ETING
BOTNTON BEACH, FLORIDA
FEBRUARY 18, 1976
Mss. Jackson moved to reject this request of the former
Prosecutor, Mr. Thomas G. Purdo, for re~U~eration beyond
thebudgeted amount, seconded by Mr. st~nad, No discussion.
Mrs. Padgett took a roll call vote as fellows:
Councilwoman Jackson - Aye
Councilman Strnad - Aye
Vice Mayor Zack - Aye
Mayor DeLong - Aye
Motion carried 4-0.
Consider Proposed Contract and/or Agreement Between the City
of Boynton Beach and the Boynton Beach Boat Club
Mr. Kohl informed the Council that Mr. Charles Frederick,
Recreation Director, the Board of Directors of the Boynton
Beach Boat Club, and he had a meeting to discuss the possi-
bility of a contract between the City and the Boynton Beach
Boat Club which might be preferable to a lease. Copies are
o~ file of the requirements the Boynton Beach Boat Club would
like included in the proposed contract, and the stipulations
we feel should be included to protect'the City. It is their
intant, if agreeable with the City Council, to draw up this
proposed contract for a period of ten (10) years commencing
April 1, 1975. However, before proceeding he would appre-
ciate Council's opinion and input on this matter, and if
approved, he would work out the details with the City Attor-
ney. Mr. Kohl clarified that this was really not a contract,
b~t just some things they would like to have in a contract
amd he would like approval to work on this with the City
Attorney.
M~s. Jack, on moved to accept the City Manager's recommenda-
tion and have him meet with the City Attorney to be ready
to go with approval of this. Mr. Zack seconded the motion.
Under discussion, Mayor DeLong clarified that the City Mana-
ger would be authorized in conjunction with the City Attorney
to draft the proposed contract with the City of Boynton Beach
and the Boynton Beach Boat Club to be submitted to Council for
approval. M~. Strnad referred to No. 1 on Page 2 and stated
he would like the City Attorney to specify more clearly the
amount of days per month that this boat club would be able to
use the Boa~dClub for their ~unctions. Mayor DeLong added
that it also should be stipulated about who would have priority
with a scheduled affair. Mr. Kohl informed him that the Boa~
Club would have it ~ certain day each week and they would
schedule accordingly. Mayor DeL~ng added that there should
be a degree of flexibility. Mr. Strnad added that he would
also like to see the rest room~ completely eliminated and
~. Kohl agreed they had a lot of problems with the rest
rooms and would work on this. He added that they would also
h~ve to work something out in regards to No. 6 on the same
p~ge~. Motion carried 4-0.
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MIR-~TES - RECONVEh~ED CZTY COUNCIL MEETING FEBRUARY 18, 1 976
BOYNTON BEACH, FLORIDA
Consider Offer of Hy-Lux Develo.pment Corporatio~
Mr. Eohl informed the Council that correspondence was on file
from ~. John Andrasko, Jr., President of Ey-Lux Development
Corporation, in which he offers the City a parcel of land
known as Tract #1 on N. E. 7th Avenue in the Sutton Manor
subdivision. Further, he has offered this land for the pur-
pose of a neighborhood park for the children in the area.
The size of this parcel is 55 feet by 80 feet, and if Council
desires they could accept the offer and construct a mini-park,
equipping it accordingly. He might add this is a young
family development and they do have m ~umber of children in
the area. May he have Council's wishes in this matter?
Mayor DeLong remarked that ~othing could be more appropriate
in that area. ~e think~ the man should be commended and
should receive a letter of commendation from the Council mem-
bers for this offer.
~L~s. Jackson moved to send a letter to Mr. Andrasko thanking
him very much and advising that they will accept the offer.
Also, she would like to add'~that the City Manager be instructed
to look into buying some equipment. Mayor DeLong added that
the motion should also include that the City Attorney will
have to be involved regarding the transfer of the deed. Mrs~
Jackson agreed to included ~his in the motion. Mayor DeLong
clarified that a letter of commendation would he sent on the
part of the r~embers of Council and residents of the City.
Also, the City Manager will be instructed to proceed in con-
junction with the City Attorney in transferring the deed.
Also, proceed as soon as this b~siness is taken care of.
M~. Strnad seconded the motion. Motion carried 4-0.
Consider Increase for Court ~Bai!iff
M~. Kohl informed the Council that ~. Kibby Azarrad has been
employed for the City of Bo~nten Beach as court bailiff for
approximately two years. Du~ing this period of time he has
performed all his duties in ~ professional manner. His neat
appearance and exacting performance of his work reflect the
pride ae has for this posit~on. In all this time he has
never arrived late or misse~ a court session. ~. Azarrad's
present salary is $86.00 pe~ month and it is his recommenda-
tion that he be increased $5~.00 per month, making his total
salary $136.00 per month, inasmuch as the workload has more
tha~. doubled since he took o~er as court bailiff. Funds are
avamlable mn salaries for th~s increase. The prestige of the
Court has been enhanced by the presence of M~. Azarrad and he
respectfully requests approval from Council on this recom-
mendation. Mr. Kohl clarified that the man's salary per
nay ~nis man acts as interpreter of the court.
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NINUTES RECO~ENED CITY COUNCIL MEETING FEBRUARY 18, t976
BOYNTON BEACH, FLORIDA
Mms. Jackson pointed out that this was not a budgeted item
and they would be setting a precedent. She agreed the man
was doing a wonderful job; however, if they do for one, they
will be getting it from all different departments. She feels
it is wrong. Mm. Kohl replied that he did not have to bring
other people to Council. He did not have anything set up for
this man as he is part time. Mrs. Jackson asked if he re-
ceived an increase at the beginning of the year and Mr. Kohl
replied that he received the regular cost of living, but not
an annual increase. ~rs. Jackson stated she still felt this
would set a precedent.
Mayor DeLong announced the Chair would accept a motion to
either accept or reject. Mrs. Jackson moved to rej~ect and
consider this at budget time for an increase in salary.
Mayor DeLong ascertained there was no second and announced
the motion died for lack of a second. Mr. Zacktthen made a
motion to increase the Court Bailiff's ~alary from $86.00
to $136.00 per month, seconded by Mr. Strnad. Under dis-
cussion, Mayor DeLong clarified the motion was to accept
the recommendation of the City Manager to increase the Court
Bailiff's salary from $86.00 to $t36.00 per month. ~s.
Padgett then took a roll call vote as follows:
Motion
Councilwoman Jackson - No
Councilman Strnad - Aye
Vice Mayor Zack - Aye
Mayor DeLong - Aye
carried 3-I.
Mrs. Jackson added that she did not hav~n~nything against
the man, but feels it is setting a precedent.
Consider Request of Mr. Anthony J. Canon RE: 201 Facilities
Plannin$
Mr. Kohl referred to the request from ~. Anthony J. Canon
which is self-ex~lanatory. He respectfully requests approval
to proceed adminmstratively to pay the necessary funds when
requested by Mr. Canon, Chief Executive Officer, South Central
Regional Wastewater Treatment and Disposal Board. He clari-
fied that they were going to have to come up with approxi-
mately $30,000 they might have to pay, but will receive money
back from the Federal Government.
M~s. Jackson moved to accept the recommendation of M~. Koh2,
seconded by Mr. Zack. Under discussion, M~yor DeLong clari-
fied that they would accept the recommendation of the City
Manager to proceed administratively to pay the necessary
funds when requested by Mr. Canon, Chief Executive Officer,
South Central Regional ~astewater Treatment and Bisposal
Board. Motion carried 4-0.
MINUTES - RECOB~E~,D CITY COUNCIL ~EETING FEBRUARY 18, 1976
BOYNTON BEACH, FLORIDA
OTHER
rM. Strnad made a motion to instruct the City Attorney to
amend Chapter 64. I, Page 39, of the City
under Caption of Purchasing. Mr. Zack seconded the motion.
Under discussion, Mayor DeLong clarified the pnrpese of the
amendment would be to permit flexibility where the discre-
tion of the Council is permitted in the abandonment of public
property, Mrs. Jackson stated she thought they already had
this prerogative. They do have the right to abandon any
p~operty when,it comes before the City Co~mcil and this has
~appened previously. Mayor DeLong q~estioned why she read
this Cha~er previously the~ and ~s. Jackson replied ths. t
she just wanted to poiht out that they should treat this man
the same as t~e other, prev~susly. She think~ they have the
Prerogative richt nbw~ ~o t~n a~ abandonment down. She
~inks they should not havSdouble standards. Mayor DeLong
~tated tha~ if this Chap2er,~oes not include the ~iscretion
of the ~ouncil, t~e~, Will ~e the City At~0rney go"ahead
and amend it to it. Mrs.
~hought this
they were
have
they are
ney
and Mayor
City At'
the Charter. Mrs. J~
Mayor DeLong pointe(
and they
hms to be
carried 3-I.
Jackson:explained how she
M~Y~r ~eLon~ agreed
However, they are aban-
t-of-way and ~e believes they
BecauSe she~bromght it up,
motion to have the City Attor-
asked what t~e motion was
they were p~oposing to have the
in tha~ ps~icu~ar portion of
that:her vote would be no.
she contested it previously
out more. If the amendment
Attorney will proceed. Motion
At this time, M~yor DeLong requested discussion of the beach
parking. Mrs. Jackson replied that she just received hers
this afternoon. Mayor DeLong continued that in view of the
fact that everybody has a cody, the Chair is going to recom-
mend that the proper procedure would be to instruct the City
Manager to send three copies of three different plans for
additional parking at.the public Beach in Ocean Ridge to the
Town of Ocean Ridge for their selection as to which is the
plan they would accept. I~s. Jackson moved, seconded by ~.
Zack. No discussion. ~s. Padgett took a roll call vote as
fo_mows:
Councilwoman Jackson - Aye
Councilman Strnad - Aye
~ice Mayor ~ack - ~ve
Mayor DeLong - Aye
Motion carried 4-0.
MINUTES - RECOh~ENED CITY COUNCIL ~E~ETING
BOYNTON BEACH, FLORIDA
FEBRUARY 18, 1976
Mr. Zack referred to the Status Report on S. W. 18th Street
which had been deleted from the agenda and Mayor DeLsng in-
formed him that this would be handled administratively. He
added that he strongly recommends'that this be handled very
carefully. He explained how after an error has been made and
there is going to be a hardship, he thinks a correction should
be made. He further discussed the situation of this installa-
tion. Mrs. Jackson agreed am_d stated she thought the City
Map~ger should get to the bottom of it. ~yor DeLong agreed
and added that t~e people should not have to suffer. Mr.
Zack continued that he was concerned because if that Section
10 is accepted, the City accepts that responsibility. It
is the responsibility of the developer. He thinks Mr. Kohl
did talk to people in the office the other day am,md he was
told that papers were signed. Mayor DeLong informed him
that the only record the City has is a flimsy report from
an inspector. ~. Kohl agreed, but the engineer must ap-
prove it and also Mr. Cessna. ~. Strnad referred to the
recommendations from _Mr. Cessna and Mr, Clark advising
against taking this over by the City. If there is any change
in this, he would like to know' what the reasons are. Mayor
DeLong replied that he believed it would be advisable for the
City Manager to follow through and get this corrected. ~rs.
Jackson agreed and alsorequested a report from him,' Mayor
DeLong pointed out that both the Director of Utilities ~d
City Engineer hav~ turned it down. The people responsible
should rectify this. Regardless of who maintains it, the
complaints will come to City Hall. ~. Zack questioned
why such a violation l~ke this sheuld be brought up at the
Council meeting and M~yor DeLong agreed it had no Business
here. Mrs. Jackson referred to having suggested that this
be handled administratively and Mayor DeLong agreed this
was something beyond their scope. ~s. Jackson concluded
that she didn't think they should be discussing it.
ADJOURNmeNT
l~s. Jackson moved to adjourn, seconded by Mr. Strnad.
Motion carried 4-0 and the meeting was properly adjourned
at 3:15 P. M.
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MffNUTES - RECO~YE~ED CITY COUNCIL MEETING
'BOYNTON BEACH, FLORIDA
FEBRUARY 18, 1976
CITY OF BOYNTON BEACH, FLORIDA
BY
~i~yor
Mayor
Council Member
~cil Member
ATTEST:
Respectfully submitted,
Suzanne Kruse
Recording Secretary
(2 tapes)
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