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Minutes 12-16-75MIA~'JTES OF REG~J-LAR CiTY COB~CtL ~ET!NG OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD IN CITY HALL, TUESDAY, DECE~ER 16, 1975. PRESENT David Roberts, Mayor Joe DeLong, Vice Mayor Edwe~d F. F~mening, Councilman Norman F. Strnad, Councilman Emily M. Jack~on, Councilwoman Fra~kKeh!, City Manager Ernest Simon, City Attorney Tereesa Padgett, City Clerk Mayor Roberts called the meeting to order at 7:30 P. M. He asked all to-rise for the invocation given by the Reverend James Roy, }~nister of Education, First Methodist Church, followed by the Pledge,of Allegiance to the Flag led by Vice Mayor'Joe DeLong. Announcements Mayor Roberts read the proclamation proclaiming the week of J~uuary 1st through January 7th, 1976 as Organization for Femininity Week. Mayor Roberts announced that the next regular City Council meeting would be on Monday, January 5, 1976. He added that it is customary to have a meeting on the first Tuesday, but in this case, according to the charter, the first meeting in the year is held on Monday and it will be held on Janu~ry 5. Mayor Roberts announced that City Hall would be closed on December 25 and 26, 1975, in observance of the Christmas Holidays and January 1, ~976, in observance of the New Year. ?~. Kohl requested a few additions to the Agenda: Under Legal - The addition of proposed Ordinance 75-38, in regard to the bar cloaing hours, which was tabled. Under Approval of Bills - A new bill for the general services building from Kozich & Kozich, Inc. Under Other - A request from the Christian Academy for a carnival and fair. ~ Mayor Roberts requested all 5.ose'h aesmrm~g~ ' '~ to speak about ite~ on th~ Agenda to come forward and give their names to the City Clerk~ so they could be called at the approoriate time. - MII~UJTES ?_egular City Council Meeting - December 2, 1--975 ~s. Jackson referred to Page 10 unme_~ ~ Receipt of COrrespon- dence from ~. James O'Meara, C~a~rman, Bicentennial Co~mitbee, MINUTES REGULAR CITY CO~CiL -~ETING BOYNTON BEACH, FLORzDA DECEi~ER 16 , t 975 ~5th line down, ~'Fund was $2,656.46, including $200.00 for flags~and stated this should be: -excluding~ $200.00 for flags. She then referred to Page 22 where it was noted there was some discussion with everyone talking at once'. She remem~oers that the following was said at this time: Mr. Strnad: You should take the lie detector test. ~s. Jackson: i will take thesodium pentothal truth serum. Mm. Strnad moved for the adoption of the Minutes of December 2, ]975, with the noted corrections, seconded by ~. Harmening. Motion carried 5-0. PUBLIC AUDIENCE M~. Joseph Aranow state~ his name and his address as 2520 N. E. ~st Court. He stated that at the beginning of the year, he was privileged to spes2~ to the Council members on matters affecting unit owners in Village Royale on the Green. He is glad he has the opport~ity to speak to them again to express the thank~ for the _kind attention they have given them. He expressed best wishes from Village Royale on the Green for a very merry Christmas and happy New Year. He added that he would be back at the beginning o~ the New Year. Mayor Roberts thanked him for the nice wishes. Mm, Richard Caldwel! stated his name and his address as 1350 S. W.27th Place. He informed the City Council that he was representing the Golfview Harbor Association and many people in the area who have children. Tomorrow evening, the Board of Education will be deciding who will be allowed to attend the Boynton ~ddle School. Last week, it was made apparent that many members of the Board were undecided. The children of Boynton Beach are directly affected by this situation. The children will be affected by whether or not the Board of Education decides to merge Lake Worth Junior and Senior High Schools. If the merger goes through, the children of Boynton Beach will be deprived of one middle school because of the borders d~awn. Only the ~hildren in the north end will be allowed to attend this new school. The children in the south end will be bused to Carver Middle School. He lives approxi- mately 1.6 miles from the new school, but his children will have to travel 5.7 miles south. This is unacceptable for the people in his area. He requests the City Council to pass a resolution in behalf of the residents of Boynton Beach. He continued that Lake Worth is also protesting the busing of their children to Boynton Beach and explained their actions. He commends them on speaking against the merger. He wishes this City Co~cil would do the same. The new school was named on behalf of Boynton Beach. He thinks the School Board -2- MI~ S REGULAR CI~~ BOYNTON BEACH, FLORID_~ COL?~C tL ~ETING DECE~R 16 , 1975 should give Boynton Beach a school for their children to identify with. They have no high school. Lake Worth has a high school and junior high. Delray Beach has their own high school and other schools. Boynton Beach is being bypassed again. He thinks it is about time the residents of Boynton Beach through the City Co~uncil stand up and s~ they have had enough of this nonsense and deserve their own middle school. Let,s let the children of Boynton Beach attend the middle school first and then alleviate the crowding at Carver and Lake ~orth. Mayor Roberts replied that as he understood it will be a sort of theory to pick up a group from Boynton Beach and move children from Delr~v Beach further south. Mr. Caldwell in- formed him that basically what was going to happen is what exists here today. They have no middle school in operation. Instead of sending children in the north end to Lake ~orth, the Lake Worth children will be bused here. Where does this leave the residents of the south end of the City? They will be forced to go down to Carver. M~s. Jackson rep!ie~ that she agreed with M~. Caldwell. She referred to people moving into town ~ud asY~ng where the schools were located. She pointed out that it was too late for a resolution, but possibly they could compose a letter. ~. DeLong referred to the news stating tonight that Dr. Carroll has refused to give his plan to the public until the meeting of the School Board this Wednesday evening. M~. Caldwell replied that tomorrow,s decision would be the final decision. He added that Dr. Carroll is keeping mum until it is too late for emy opposition to form. He thi~Z~s it is im- perative for the City leaders to go before him saud express their wishes and show a unified front. ~L~s. Jack, on made a motion that this City Council go on record as being opposed to having their children not go to Boynton Beach ~ddle School and to have a letter sent to Dr. Carroll, so it will be ready for the meeting in lieu of a resoultion since it will not be ready in time. Mr. DeLong seconded the motion. Under discussion, M~. DeLong said he agreed to sending a letter, but thinks it should be followed with an appropriate resolution. This will show the people on the School Board that they are interested. They should have the City Manager disoatch the letter tomorrow morning to the superintendent and i~clude in the motion a request to have the City Attorney draft an appropriate resolution. Mrs. Jackson agreed this should be included and requested Mayor Roberts to write the letter. Mayor Roberts replied that he was in agreement and was glad the City Council expressed their feelings. However, he would defer the honor of writing the letter to the City Manage~, but will be glad to get together with him. Motion carried 5-0. -3- Mih~JTES - R~GULY~R CiTY COUNCIL M~'ETING BOYNTON BEACH, FLORIDA DEC~:MB~R 16, 1 975 ~. Caldwell added that if the members of the City Council had a few free minutes, the meeting will be at J. C. ~tchell School in Boca Raton at 7:00 P. M. BIDS .Reguest Per~ssion for Sale of Scrap Irou Mm. ~_oh± requested permission to sell the scrap iron on hand as listed in his letter for the Agenda. Mm. DeLong moved that permission be gra~ted, seconded by ~s. Jackson. No discussion. Motion carried 5-0. ~o (2) New ~976 Cab and Chassis Trucks . w~n Trash Scow Bodie~ ~. Kohl's letter for the Agenda stated that bids .on the above were opened on December 8, 1975 at 3:00 P. M. in the Office of our ~rchasing Agent, M~. William H. Sullivan. The Tabulation Committee recommends acceptance of the low bid from General GMC Truck Sales of West Palm Beach in the amount of $~o The request to trade one 1969 Chevrolet Truck has been rescinded. A~tach~m hereto please find copy of the ~abula~zon Sheet and copy of Affidavit -on~ by ~. G. DeSanti, President of Gen- eral GMC Truck Sales, ~@. Kohl said he checked all other re- quirements ~ud everything is in order. Funds for the above purchase are available in the Federal Revenue Sharing Fund Account Nos. 020-831-00 and 001-885-18. M~. Kohl concurred with the recommendations of the Tabulation Committee. Mm. DeLong moved to acceot or aporove, the recomme~aatzons- ' ~ · ' of the City ~rmge~_ and TabUlation Committee and awa~d~ ~ the bid for $19,722.00 to t~.e~ low bidder, General GMC Truck Sales of West Palm Beach for two new 1976 Cab and Chassis Trucks and Trash Scow Bodies. ~. Strnad seconded the motion. No dis- cussion. Motion carried 5-0. Sanitary Landfill Truck W ' ~ ~~ -ash~n~ Facilit~ P~. Kohl's letter for the Agenda stated that invitations to bid on the above were mailed to ~ · loca~ ~our - concrete contractors and bids were opened on December 8, 1975 at 3:00 P. M. in the Office of our Purchasing Agent, ~. Willis~ H. Sullivan. We received only one bid, which was from B. B. Boldt. This bid met~ll our requirements, however, the bid is approximately gl,p 0.00 too high according to our Engineering Department estimates This work is o -~ · em~ of the Department of Pollution Control requirement to keSp our landfill open. Tne~efore,~ ~ we respectfully request your permission to re-bid this item. M~s. Jac_~on moved to accept the City Mansger,s recommendation and go out for re-bid, Mm. Harm~nzng seconded. No discussion. Motion carried 5-0. -4- MI~UTES - ~GULAR CITY COUT[C IL M~.~ ~ ING DECE~ER 16, 1975 BOYNTON BE.~CH, FLOR iDA PUBLIC HEARING ~one LEGAL prdinances - 2nd Reading - PUBLIC HEARLNG Proposed Ordinance No. 75-38 - Re: Hours of Sale, Delivery, Service or Consum~.tion of Alcoholic Beverages (TABLED) Mss. Jack~on made a motion to remove this from the table, seconded by Mr. DeLong. Motion carried 5-0. Mr. Simon read proposed Ordinance No. 75-38 on second reading by caption only. Mms. Jack~on referred to a petition being submitted. Mayor Roberts stated ne believed this was put on the table because of a remark made by Attorney Cerci regard~ug the possibl9 legality of it. M~. Simon informed him that the statute re- fers to the occupational beverage license provision, which would not affect the power of the City Council. He has re- searched the points referred to at the last meeting ~ud the City is allowed to exercise its police power for the general safety and welfare of this community. Mayor Roberts asked if anyone in the audience desired to speak for hms ormmna=uce which has the hours reduced to 3:00 A. M. Rev. 'S~ider ~.~ stated his name and his address as 89 Coral Ave. He informed the Council that he has been asked to come forward with a petition signed by the residents of Boynton Beach con- cerning the bar closing hours. He cannot see any reasons for a bar s~aYing open later and it would benefit 0nly a minute majority of the community. If this was put to a vote, he thinks the majority of the people would want the bars to close at 3:~0 A. M. Rev. Ernest Campbell stated his name a~d his address as 1006 S. ~. 25th Place. He informed the Council that he has a deeo feeling regarding this particular controversy and many people have hounded him about this matter. He has a Christian con- science, the City Council has a Christian conscience and the City also does. He is grateful they are interested and appre- ciates their request for a resolution, it would only serve a small group ~o change the hours from ~:00 to 5:00 A. M. People who live near these places of business complain about the nuisance. He deeply appreciates that the City Council has had this drawn up. Mayor Roberts then asked if anyone desired to speak against this ordinance. -5- MINU~S - REGULAR CiTY COb~CIL M~ETING BOYNTON BEACH, FLORIDA DECE~fi~ER t 6, · 1975 M~. Frank Elmore stated his name and that he was the owner of Morey,s. He informed the Council that he has had this place for seven years smd from the time he bought it, it has had a five o'clock license. He paid quite a premium for this license. If the five o'clock closing is removed, it will cost him seversi thousands of dollars. Also, they have heard about night people who like to go out and relax. Also, they should think of some of the employees who will be hurt. He has two barmaids, one with five childrem and one with three children, ~d in each instance, these people will ~ese~about $100 a month. He will have to cut their hours. Everyone will be cut one hour per day and in the course of a month, this will amount to $100. He asked the retirees if they would like to have their Social Security c:heC~ cut $1007 This will happen to his gmr~s with children. As far as the bars being a n~i- sance, this has not been prove~:by anybody, in the light of noise, when are they going to g~t rid of the coastline Rail- road, which is not only noisy ~t ties up traffic? Rev. Campbell asked when did they e~er have to call the police on account of the railroad? ~,~. Etmore referred to the time the town tried to slow the railroad~down. Mrs. Jackson moved that Ord_nance~ No. 75-38 be adopted on second reading. Mayor Roberts referred to the last time this came before the Co~ucil and quite a few questions were raised and a group asked for relief ~O stay open on certain holidays. His'opi- nion has not changed and he would be willing to compromise. Mrs. Jack, on replied that if they pass this on second read- ing, she would like to see more days added. She thinks this is something they would have to go into at a future time. If they change this between the first and second reading, this~i~would be the first reading. It couldbe ~nended at the next meeting. Mr. DeLong asked M~s. Jackson if she would pledge to consider these people in the future? Is she going to give some consideration to the list of dates? M~s. Jackson rep_mem that she is willing to compromise, but does not agree to them being open late on the weekends. Mr. DeLong read the list submitted by the Boynton Beach Liquor ~ud Restaurant Asso- ~iation and asked how many she was in favor of? ~s. Jackson replied that she would not go for Easter, but would agree to Nos. ~, 2, 3, ~ ~ ~ anm 6 on the list, but would hesitate on No. 7. ~ DeLong then asked if this would take effect before New Year's Eve and ~s. Jackson replied that it would go into effect on December 26, but it could be changed. ~. Simon informed them that New Year's Eve was included in the ordi- nance for the 5 o' clock closing. There was some further dis- cussion and then Mayor Roberts asked if there was a second to ~s. Jack~on,s motion and received no reply. Mayor Roberts turned the gavel over to Vice Mayor DeLong and seconded the motion. Under discussion, M~. Harmening referred -6- MINU~S - REGULAR CiTT COUNCIL ~ETI~G DECE~ER t6, 1975 BOYNTON BEACH, FLORiDA to the first time they kicked this around before passing it on first reading. He believes at that time, and the County picture was entirely different, as long as approximately 8~% of the other municipalities went along with it, he would be in favor of it, but he was not in favor of creating hardships on local business people. ~s. Jackson referred to the map she had at the last meeting showing populationwise that over 50% of Palm Beach County would have ~o~s at 3:00 A. M. or earlier. She added that Boca Raton and Delray Beach have two o'clock closings. Mayor Roberts added that most of the south County area was closing at three o'clock or earlier and the County is bringing this up again. He would like to ab- stain because he won't be around, but he should vote. ~. Strnad added that the other cities being referred to having closing hours at three o'c&ock may have problems. As far as he is concerned, he is not aware of having proble~ in this City with bars being open between 3:00 and 5:00 A. M. Until he sees on the record~that this is causing trouble, he would not be in f~¢or of it. Mrs. Jackson reDlied that there was a record of how many DWI's had been arrested between 3:00 and 5:00 Ao M. and also how many bar dist~bancss there had been. She added that it was available ~d explained how she had obtained it. ~s. Padgett then called the roll as follows: Vice ~-~yor DeLong - No Councilmam~ Harmening - No Councilwoman Jackson - Aye Councilman Strnad - No Mayor Roberts - NO Motion rejected 4-1. Ordinances - 1st Reading Proposed Ordinance No. 75- Re: Rescind Ordinam_ce Pertaining ~o Permit for Installation of T. V. Antennas (T.~BLED) M~s. JacY~on advised that M~. Simon w~uted to get more informa- tion from the Building Department in reference to this. ~. Simon agreed. ~s. Jackson requested that this item remain on t~e ~able. Resolut.ign~ Pro-oosed Resolution No. 75-ZZZ - Re: Amending Rules smd Regu~_a~mons of Civil Service Providing for Additional & ~svised Classifications and Amendments to Ps~X Scale Mr. Simon read the above Resolution in its entirety. ~. DeLong moved for the adootion of Resolution No. 75-ZZZ with the effective date to be-December 16, 1975. ~s. Jackson -7- MII'[JTES - P~EGULAR CITY COD]~CIL ~ETiNG BOYNTON ~EACH, FLORIDA DECE~ER 16, 1975 seconded the motion. Under discussion, Mayor Roberts asked if this was for some additions and Mr. Kohl replied that they included the additional positions of Programmer and Lift Station Maintenanceman Foreman and made some minor changes in the others. ~s. Padgett called the roll as follows: Vice Mayor DeLong - Aye Councilman Harmening - ~e Councilwoman Jack~on - Aye Coomcilman Strnad - ~ve M~yor Roberts - Aye Motion carried 5-0. Other Proposed Ordin~uce No. 75-17 - Re: Procedures and Gro~unds for Recall - Mayor David Roberts Mayor Roberts referred to this co~ing before the Council in M~v. This particular item for recall was amended by the State, but left a void in their~ordin~uces so people looking through their code book would not know much about it. It has been codified since. I~. Simon suggested that this be oroposed Ordinance No. 75-44. He then read this ordin~ace on first reading inits entirety. M~s. Jackson moved for the adoption of Ordinance No. 75-44 on first reading, seconded by ~. DeLong. No discussion. Padgett called the roll as follows: Vice Mayor DeLong - Aye Councilman Harmenir~ - Aye Co%~mcilwoman Jackson - Aye Councilman Strnad - Aye Mayor Roberts - Aye Motion c~ried 5-0. Receipt of Correspondence and Petition from M~. Harry B. Duffy, Attorney at Law (T~,~) M~vor Roberts referred to the orevious meeting when a petition was submitted regarding the distance between local bars on Route 1. This was not tabled, but a motion was passed to hs~ze this taken under advisement ~ud study. He also believes that they suggested that the attorney come back with a petition from Boynton Beach residents and asked if this had been dons? ~. Kohl r~plied that he had not heard anything. -8- ~ ±~UTES R~GULAR CITY BOYNTON BEACH, FLORIDA COUNCIL DECE~ER 16, 1975 ~s. Jackson stated that when she looked at the list of names on the · but the~etlti°n' she noticed some people not in Boynton Beach, were adjacent to Congress Avenue. S~e ~oesn't think they should have one distance one place and a-other distsmce another place. She thinks it should be o~iform. Mayor Roberts asked for suggestions ~ud clarified it was a question of 1,500 feet from schools on Route 1 and 2,500 feet in sections near Leisureville. He added that if nobody wanted to maWe a motion, they could keep it ~der advisement. Hear- ing no further comment, he suggested perhaps it would have to be brought up again by the petitioner. M~s. Jackson moved to delete this item from the agenda, seconded by ~. He~mening. No discussion. Motion carried 5-0. OLD BUS~SS Receipt of Memorandum from Vice Mayor Joe DeLong, Re ~ Election Vmo±a~_ons - Mayor David Roberts Mayor Roberts read the memorandum from Vice Mayor Joe DeLong regarding election violations. M~. DeLong advised that his memorandums Were dated later than the -~=~-~ of communication from Eugene Moose Moore, IZZ, and he thinks it would be ac'cro- p, late to read his letter first. His levters are ~n response this. He explained further. M~or Roberts asked if this should be turne~ ~ver to the City Prosecutor for handling and ~. DeLong repl_em that he didn't think it was necessary as he is just as~ng for investigation by the City Attorney and a legal opinion from the City Attor- ney. He ~ows there are orm~ances p r~a~nmng to restrictio~ in election campaigns. As long as they remain on the oo~s, b they are considered to be valid. He then requested Ms~vor Roberts to call on Attorney Schwartz. Attorney S nwartz re~erred to election laws in respect to violations and advertisements alleg~ in violation of the law. He has read about charges ~d counter-ch~ges concern- ing alleged election violations re~=~- the C~tv ~ ~ _ ~ o~ o-m~ a~d ~-2~ oi - ~ ..... ~zi ~s~ec~ ~0 l~*~-~ ~=~-~u~-e ~am at,acing candi- dates within a certain~oeriod of time prior to He has researched this mat~er in depth. He has election. ~ ~ come to the con- clusion for ~n~s Council to act hastily at this time with an ~vestmgatmon would be a~ expense to the~t~p~er. He feels ~nese sections of the come have been inv=lidated ~d declared ncons~mtutmonal by the State in the case of the Town of Lan- tana vs. Jim Lasins~% He then read this case for the Council's information. He pointed out that it was clear that Lantana,s local law was identic~ to Boynton Beach's law in regs~ds to literature ~ud maki~ ~ - cnar~es to c~-udidates. He e~plained how -9- Mi-%~J~ - REGULAR CITY BOYNTON BEACH, FLOR_fDA COL%TC IL ~ETING DECEMBER 16, 1975 this was handled and the Circuit Court held this was ~uconsti- tut£onal. The Supreme Court Justice held that four statements were unconstitutional. He explained further how the Lantana clause was lden~_cal to Boynton Beach's. He then referred to the U. S. Supreme Court in the case of M~lls vs. Alaba~m de- ciding the Alabama statute comparable to Le~tan~ was invalid. He added that the Lemtana ordinance not only outlawed false statements, but true statements as well. He explained fur- ther and ended with stating that the City law was invalid and deprived the candidate of constitutional rights and the matter should be given extreme thought. M~. DeLong moved to have the City Attorney make a research of this and if these facts are found to be t~ue and ~alid, the ordinance pertaining to violations in election law should be rescinded. ~s. Jackson seconded for the sake of mscussmon. Under discussion, Mayor Roberts referred to the dissertation on law given and stated he thought it would be a little out of place at this time since they are discussing a request for investigation. He thins they should am~cuss Section 8-20. ~. DeLong replied that what Attorney Schwartz s~o_~e about referred to 8-20, since this is more '~iversal around Ps~m Beach County. Mayor Roberts stated he just wanted to make sure he was referring to 8-20. He continued that he did not go into any other as~oects of the v' _ mola~mons and on that basis, possibly they should have a~n investigation by some special prosecuvor. ~. DeLong replied that he didn't think this was necessary. _Mayor Roberts pointed out that it would re- move it from politics. ~. DeLong remarked that if the State .Supreme Court or U. S. Supreme Court was passing a ru!ing, ne would hate to try to defend this ordinance which is in- valid. They have tried to do this before. He referred to a _~-ov~smon being in the Charter that you had to be a freeholder to run for election and this was deleted after they found out it was invalid. He doesn,t think it is necessary for an in- vestigation by a private prosecutor. Mayor ~ob~rts pointed ~n~ ne was s_~gui~g against his o¥~m request. ~. DeLong rep!mem that he ~us~ thought it was a waste of ,mme. Zf the City Attorney renders a clear opinion based on this ordinance as it now stands, he believes he would have to say the accu- sations he made are right in line with what the ordinance prohibits. As long as the ordinance stands on'~the books, it has to be recognized~ but ~ -hey should rescind the portions that are held to be invalid by the State Supreme Conrt and U. S. Supreme Court. Mayor Roberts asked about 8-2~, which is one d~jf or three days and ~. DeLong referred to the Supreme Court saying they could go right u-o to the date of election and inc!udmng ~. Harmening referred to the '~ ~ mo._on made by M~. DeLong. He s~.ed that n~ would like to hear the City Attorney,s opinion after he has a chance to research it, but he is reluctant to -10- MI~-~TES - REGUL_~M Ci~f COUNCiI BOYNTON BEACH~ FLORIDA ~'~ETING DECEMBER t 6, 1 975 drag the City Attorney into this, which smac~ him into poli- tics. He doesn't think any City Attorney would welcome the opportunity to get involved in this. He thinks maybe a spec- iai prosecutor would probably be warranted, so there could be no possible clouding of the issues or nobody could say it is a cover-up, etc. ~. DeLong replied that they employ the City Attorney to render clear opinions. ~. Harmening stated that normally when something controversial comes up involving politics, they don't employ the City Judge, but keep him out of the middle. Mr. DeLong disagreed and stated they employ the City Attorney to guide them in~so far as the legality of the ordinances and to render clear opinions. This is what he is asking for. He has specified what the charges are. He should just tell the Council whether these charges are valid in so far as the ordin~uce is concerned. If they are valid, then they go ~o a prosecutor. Mr. Harmer~ng referred to time after time in city after city, similar situations l~e this have come up and he doesn!t recall any involving the City Sttorney, but usually an outside Judge or prosecutor is asked ~o sit. ~. DeLong referred to the Stabe Supreme Court's and U. S. Smpreme Court,s decisions. Mme. Jackson then told about her experience of being arrested in reference to an election violation. She further stated that she agreed with ~. Harmening and it would be putting somebody hired by the City Council in a very embarrasing spot and should be done by someone else. Me, or Roberts referred to the possibility of there being some State laws pertaining to political advertisements. ~. DeLong requested that Attorney Schwsmtz be given the floor again in view of the research he has done to give background informa- tion. ~. Schwartz stated that he thought it was very ~nafair. He has taken the time to look into this matter and some of the members of the City Council should have done this. It is an unnecessary expense to put the cart before the horse. They should find out if these sections are maconstitutional and if so, it would be academic to appoint a prosecutor. Mrs. Jackson replied that she believed there was more to this than just the City ordinmuces. They must find if the City ordi- nances go with the State ordinances. ~. DeLong clarified that his motion was no have the City Attorney ms_ke a research and if it is found the information he nas given here tonight is correct, then come back with a recommendation to resc~_ud. ~. Si~on referred to the Lantana case mentioned by ~. Schwartz before the Supreme Court of Florida. The Lant~ua code convained similar provisions to their ordinance. The M/~MUTmS REGULAR CZTY COUNCIL t~ET!NG BOYNTON BEACH, FLOR~A DECEMBER 16, 1975 ordinance was held to be unconstitutior~l. He agrees with Attorney Schwartz. There is no need for him to do any re- search. He explained f~ther. He then pointed out that Section 8-20 was similar to Lantana ~ud will orobably fall to the same as Lantana. If 8-20 is attacked, it-would probably be ruled ~mconstitutional on the basis of the Lantana case, but it has never been attacked. He is in accord with M~. Schwartz and that case is applicable in regard to 8-20. He then informed the Council that he had not acted upon the memo because he thought ~ was going to be discussed tonight. He understands from the memo that allegations from Mr. Pratt do not refer to Section 8-20. and he would be happy to research this4' He added that there was no need to research 8-20, as he is in accord with Attorney Schwartz. Mayor Roberts pointed out that also Sections 8~2~ and 8-22 were involved. These are also based on the State law and he would like to take this up shortly in regard to the che~ge from ~. Moore. He asked if these sections were included in the Supreme Court decision and ~. Simon reolied that they were not. M~. Schwartz was ref~rrmng solel~ to 8-20. Lantana was limited to 8-20. He agrees with M~. Schwartz's presenta- tion, but it pertained to 8-20 solely. Mr. Schwsm~tz added that regardless of the section of the law, the co~t is quite specific when it invalidates a code which prohibits the cir- culation of any literature or ~k_ng~ any false or true ch~.~ges against anyone. The case does not go into the element of mn- setting amvertmsement and whether sta~ng ~t ms a paid politi- cal advertisement. ~t just pertains to circulating before the election or making any statements regarding a cs~-~didate. He thinks the M~_yor is trying to bring out that there is a separate case before the City Council at this time. Major Roberts referred to Section 8-22 pertaining to_ pol~_- cal literature being circulated. M~., Schwartz reolm~a t~at if~any l_tera~ure was circulated, they had the right to do so up to the time of the election. Mayor Roberts read Section 8-22. He po_ntea~ ~ ~ out that he could _ov~ ' accept all these ~men~s unless he is ~ ~ ~ the whole thing is u-tong. Harmening pointed out that there were several allegations. He ada~d that he would like to get them cleared up once ~ud for all. He would be very reluctant to have the C~vy~' Attorney ~n~e~oa~e these matters. ~¥~. Harmening moved to appoint a special prosecutor to inves- tigate these allegations of election law violations and author- ize him to investigate a~uy election law violations he has found and report to the City Council. M~s. Jack~on seconded t~_e motion. Under discussion, ~. DeLong questioned whom they were going to appoint? Mayor Roberts told about mentioning this at a County meeting and receiving the suggestion to go to the Co~uty bar. M~. DeLong remarked ~h~ he thought m~ -12- MIA~j~i~ES BOYNTON - REGb~AR CiTY COUNCIL ~ETING BEACH, FLORZDA DECE~ER 16, 197~ was all ul~necessary and wastes the tsxpayers, money. Padgett called the roll as follows: Vice i'~vor DeLong - No Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad No Mayor Roberts - Aye Motion carried 3-2. ,.Mr. Richard Vastine appeared before the Cou~ci! and stated his name and his address as 132 Leisureville Boulevard and was President of the United Boynton Civic League. He stated that he had requested to speak on this item and in reference to M~. Moore,s letter. He is sure under the constitution of the Unite~ States, there is freedom of press and speech. The United Civic League did not try this case, but would like to ms/me several remark~ for the record. He then read the constitutional by-laws for the League. He then stated that it seemed the impression has been given that the League has no right to ~ ~ oe~ involved. No red blooded American is going to stand still and take abuse and m~ke statements that are absolutely not based on fact and expect so~body to stand still a~ud not do anything about it. He then referred to the ad in "The Shopper" on November 26, 1975, six days before the electdon and ~. Moore's statemenvs in same. The United Boynt:on Civic League never discussed this subject. This is a complete fabrication. Also, the Appellate Court has nothing to do with the &lection in Boynton Beach and this was refer- enced to discredit M~. Zack. It was not ~. Zack and why ?~. Zack ha~ to be -~smirched by this, he does not know. This is dated November 2~ and they will not let this slip by. The United Boynton Civic League has recommended all of the current Cguncil members. Their technique has not changed, but they wmll no3 stand still with an advertisement like this ~n the paper. ~ - - M~. Vastine continued that he had a copy of Ms. Moore's letter to Honorable David Roberts dated December 4 and referred to the third paragraph regarding investigation by the U. S. In- ternal Revenue Service to delve into the activities of the United Boynton Civic League. Apparently ~. Moore does not know that no condominium has not paid a cent to the United Boynton Civic League. That money for their donation comes from a special group. The Palm Beach County Leisureville Association is not a condominium. He then referred to the sentence stating that thousands and thousands of dollars of campaign funds were pumped into this election, etc. and he would like to k~ow from whom and where it went? ~. DeLong replied that this would be something for the spec- ial prosecutor. ~. Vastine said that the Council certainly -13- Minutes of 1/5/76 - ~M~_~.~__J_ac,~$on r~equeste~, that. it be addend, that t/3e United, e~3~n.~lvlc League ct~ not recc~zaen~ her in £ast year s MINHTES - P~GULAR CI~ COt~CIL ~ETING DECE?~ER 16, 1975 BOYNTON BEACH, FLORIDA has the right to do what it wants to do. Howe~er~ he asked if ~hey realized they were getting into a co~tr ox ~10,000 over nothing? M~yor Roberts referred to the League's charter and questioned the date of it? M~. Vastine replied that it was dated 16 March 1972, signed by Richard Stone, Secretary of State. Mmyor Roberts stated that he had a copy of tbs charter which did not match his charter and he asked the purpose of the Civic League? He pointed out that his states for charitable and philanthropic purpose. The by-laws do not state anything about being politi- cal. M~. Vastine replied that it states they seek out and elect candidates to enact legislation. Mayor Roberts then referred back to the State law, which they are trying to uphold and look into. The fact remains that there are certain laws. He was also asked to look into whether these were passed out by certain groups~ etc. There should be a grand ju~y requested e~d he is going to ask for a grand j~3_~y investigation. ~ M_~. DeLong stated that in the four campaigns he has engaged in in this City, two of them finally wound up with personality clashes and one individual was responsible for both of these actions. He told about a certain letter being t~en to a publisher. ~s. Jackson replied that this is something which has vo stop. This has been going onCfor too many years. Every year, she wonders what is going to happen. t~. Nick Zito appeared before the Council stating his name and his address as 2540 S. W. 14th Street. He stated that this City really needs an awakening. He was awakened when he came down here on a Friday night. He referred to Mr. Vastine read- ing the by-laws for the League stating it was non-partisan and he does not believe this. He came dow~ not k~owing what _kind of group they had. He came from Detroit and when a candidate ran, they had a civic see~chlight and every candidate was men- tione~ whether he was qualified~ not qualified, etc, He gave his speech and received a letter from ~. Vastine emd also re- Ceived a letter from the South County Women's Voters League, both espying about the same questions. He received a letter from the Women,s League containing the responses from all the candidates, but did not hear from M~. Ve~tine. However, a man asked him what the Boynton Civic League had against him, as he was not even mentioned. His point is that they should change the name of the United Boynton Civic League to Condo or something like that, as it does not represent the people in Boynton Beach. They certainly are not non-partis~a. Mayor Roberts replied that he thinks the air should be cleared and they should let the State Attorney have this. ~o candi- dates were running around on a weekend and depositing literature MINUTES REGU~_~ CITY CO~CIL ~'~ETIN~ BOYNTON BEACH, FLORIDA DE~Ei~BER ~ 6 ~ 1 975 and if State statutes have been violated, it should be rotund out. It will not cost thousands of dollars. He added that he thinks the intent of this League is that they have turned from the charitable and philanthropic purpose. He would like permission to go ahead with this. M~. Zito continued that he didn't know what the other villages have, but condominiums have signs stating no solicit~ug, but this League does. Roberts replied that he was sure these things will come out. He thinks the air should be cleared. There has been a lot of activity by candidates. He thinks an impartial agency like the State should partake. ~ne Council does not have the know- how nor ability to make decisions here. M_~s. Jackson moved to ta2me these so-called alleged violations to the grand jury. Mr. Harmening seconded the motion. Under discussion~ Mr. DeLong stated he thinks it is all out of order, out of place~ u~unecessary smd they are doing everything to get back to an imageless City. By ~these actions, they are putting it down again. They are back to their o~d habits. M~rs. Jackson referred to the violations and ~h~. DeLong~ asked who had taken the letter to the publisher against him? ~s. Jackson replied that they were not talking about personalities. The members discussed the violations further eaad then ~irs. ?aag~tt~ ~ took a roll call vote on the motion as follows: Vice Mayor DeLong - No Councilman Harmening - Aye Councilwoman Jackson - ~ye Councilman Strnad - No Mayor Roberts - ~ve Motion carried 3--. Receipt of Correspondence from Mm. Gene Moore, Re: Election Violations - Mayor David Roberts Discussed wit~ preceding item. 5ill's Fence__- Vice Mayor Joe DeLong ~ir. DeLong stated he just wanted it to be made a matter of public record that the trees ~. Zill w~ated to oreserve and for which he got a fence from the City for have ~een tsi~en down. M~s. Jackson asked if he cut them down a~ud M~. DeLong replied that he took the~ out completely aaad th~nks for the fence~ Reports__e~om Russell & ~n~on and ~:. R. Re: Re_93!~st of Sea,ate of Gulfstream Hough & Co., MIk~JTES - ~GUL~R CITY CO~CIL k~ETING BOYNTON ~, FLORIDA DECE~ER 16, 1975 rexer~ed to the Council voting on this previously ~s. Jackson~ and from rsam_ng the letters, she thinks ~. Hatlman from Russell & Axon agrees this cannot be dons. Everyone seems to agree they c~unot do e/4ything, as it would be giving ~ ~ p~eleren- tial treatment and would put a hardship and expense on the City. She moves to accept this correspondence and put it on file. Mayor Roberts referred to the letters responding to the re- quest and advising against it. He doesn't think any action is to be taken, except report on it. Discuss Recording of Meetings for all City Bo~ds ~ad Commit- tees - Mayor David Roberts Mayor Roberts read his memo dated March 4, 1975, pertaining to this. The only reason he brought this up is because there was a meeting held by the Board of Adjustment where total resignation of the Board was discussed. This was not re- flected in the minutes, but re~orted in the newspaper. M~. Aranow also suggested going to a higher court. He thinks this is not as simple as it see~ &nd possibly another memo should go out. M~s. Jackson added that on Tuesday, December 9, she received a phone call from a reporter asking about the action the City Comucil took pertaining to the Dekd~er property. She referred to M~. Kohl giving them some backgno'~d of this. She read the transcript from that portion of the conversation which took place before the meeting. In the Board of Adjustment minutes, there was no mention of what the reporter mentioned to her. In reading the newspaper, she thought there were two separate meetings. The minutes and the report in the paoer are not similar. Why was this oortion of the meeting no~ taped? She has not been able t~ get ahold of any tape. Was the secretary there mud was this discussion before or after the secretary left? She then read Florida State Statu~e 286 requiring minutes of any Board to be recorded. She then moved that a copy of this portion of the law be sent to the Board of Adjustmenv and 'perhaps all the other Boards, so they know they are not suoposed to do vn_s. Me, or Roberts waited for a second to the motion and when none was received, he stated that he wished the ~ v ~ ~ ~ ' ~ ,~ ~-~ ~.g~r would rem~nd al~ the Boards vn~v ~ subject to 286 and ne does no~ f~el ~he Board shou±d forego these instructions, as.they could get in a bind. Mm. Joseph Aranow appeared before the Council and informed them that he was a member of the Board of Adjustment and did not know this conversation was going to come about. He is sure if they write to the Board, they will get straight for- ward answers. If the Council has a complaint to m~e, they should ask for the Board's response. The Board has written vo the City Council. MI!~U3TES - REGULAR CITY C0¥NCIL ~ETING BOYNTON BEACH, FLORIDA DECEMB~ -16, ~ 975 Mayor Roberts replied that he agreed with him, but they must do things in the proper manner. He added that there have been several instances where Boards have failed to make recorded tapes of the meetings. Mr, Aranow stated again that if the Council hag a question to ask the Board of Adjustment, they will not hide and will give a direct, thorough ~uud complete reply. Any newspaper article has nothing to do with it. They should ask the Board of Adjustment and not a newspaper reporter. Mms. Jackson asked how it happened that this portion of that meeting was not in the minutes and ~. Aranow suggested that she write a letter and she would get aD_ e-uswer ~n writing. He is not authorized to spe~/~ for the Board. If she writes a letter to him, the Board, etc., she will receive a full reply. Mms. Jack~on asked if the secretary was present and Mr. Aranow replied that she should write a letter and she will get a reply. At this time~ }@. DeLong asked what action was taken on the previous item and Mayor Roberts informed him that they accepted the recommendation. M~. DeLong asked if they were sending a copy to ~,~. Centola and M~. Kohl infformed him that M~. Centola came ~o his office and got the copies. Mr. DeLong continued that ne noticed from the communication from the City consult- ing engineer that they recommended that the developers be mnstructed in writir~ the choices available on ~ater meter location at the ti~ of site plan review and he asked if they were going to t~2~e any action on that? ~. Kohl replied that they all have that. ~iscuss ~ngy for Bicentennial - Councilwoman E~y Jackso~ Mms. Jack~on referred to the last meeving when they almost gave the Bicentennial Committee a blank check. She talked to Mm. O'Meara and he has asked ~zm. Adams to represent him tonight. They have a breakdown of what the money is to be used for and what the balance is, etc. She has not had a chance to thoroughly read it. She added that she undsrsts_uds the film has been nsmrated by Lowell Thomas and is finished. Mr. John Q. Adams appeared before the Council ~_ud affirmed this understanding was correct. He informed the Council that it is something everyone in the City should be tremen- dously proud of. Lowell Thomas is outstanding and the copy prepared for him to take last week was done in a tremendous way. He has a!w~s admired him from way back. if you are not charged with emotion when you hear it with the film, he will be quite surprised. Zt is finished, but it will have to be edited. It will then be sent to ~ometco Movie Production Company for coli~ting a~d to be put together with music smd video. -17- MI~U2TEs - REGUL~_R CITY COUNC!V~ M~ETING BOYNTON BEACH ~ FLORIDA DECEi~ER 16, 1 975 M~. Adams then referred to ~s. Jackson's statement of almost giving them a blamk check. Mrs. Jackson clarified that she meant them subsidizing it. When she talked to Mr. O'Meara about this, he was very grateful. She is very proud of our City for doing it all by themoe_ves. In the letter from ~.~. O'~es~a, he states you are working on a budget for a six month period and there is a breakdown showing a b~±ance of $798.63. Does ~. O'Mee~a mean that this is all you are going to need? M~. Admms replied that the closing paragraphs giva this answer. Obviously, they still have a deficit in unpaid expenses ~ · x Or the film. There are various ways these expenses can be derived. The firm with M~. Wa~necke should be paid for their expenses. They have not been pushy in getting paid ~ud have been rld_ng - along in this whole matter. He feels the production costs ~ill be paid in fu~ eventually..through d ' -~ onatlons, evc, They have gone quite a way ~ad the Council has voted money on two occasions. The Committee itself did successfully in raising money. ~{_w~n~_o~er.~he,~oa of~$3,000 nersonally contri- buted. ~-~g oa~ zo ~ne o±an~ check statement, the Co~ittee, most of all ?.~. O'Meara, and others and all the citizens here tonight will agree there was no implication two weeks ago in the motion made by M~ DeLong ~nmch could have been accurately construed that they would oe~ a blank check. As he recalls Mr. DeLong,s statements~ he would not want the C - omm~ee going around standing on street corners ~vh a tin paml. It would ne the height of stu~=dmvy to assume that they got a blank check. They did not consider it that way, but did get sup- port to the extent it was obviously applied. ~hile they are asking for additional funds, if they don,t get them, they will go it alone. They are interested in Boynton Beach. They will uphold t ~ h=s regardless of what goes on in Council meet- ings or business. As it states in the concluding p - - .aragrapn of Mm. O'Meara,s letter, they exoect to have a thorough dis- cussion of this project which will be a premier showing of the film and they will keep the Council ad =sed of all develoo- ments, also he wants to ooint out that ~ .... ~ was his understand- ing ~ ~'- ' - w~,en ~, O'Meara asked his ooinion on this matter, that M~s. Jackson asked ~ ~ - ~o~ a budget in wrmvmng. M~s. Jackson plied: not quite, but she felt the Counc~ wanted to know what the Committee wanted, h -- . S_e felt it would be a good mdea to ~ow in advance how much money is needed. M~. Adams re.lied that this was carried out. ~@. DeLong stated ~ ' - th=v he was never consulted. ~ azem that she tal~ed to ~. ~s. Jackson st ' O'Meara an~ told him they wan~ed to have everything and he has it broken down so it is in writing. M~. Adams agreed and when he was told this letter was going to be wr_tven, he ~ , agreed the Council was entitled to it. ~s. Jackson continued that the Council amends their budgets and feels they b _ be kept apprised of what the Coi~,~ittee is doing. She thinks t_~ey have the best Bicentennial Committee in the whole state. Mn~. Adams mn~ormed her tna~ *~ ~ inTM~' ~.~ey had received compliments ~e~v Palm Beach today in that same effect. -18- ~I±~JTES - REGULAR CiTY COD~_.TCIL P~ETING BOYNTON BEACH, FLORIDA ADMiN IS TRAT ~zE DECE~ER ~ 6, 1 975 Request for Extension of Retl~emenv _ M~. John Schneider, AUimal WardeE_ M~. Kohl referred to the letters submitted with ~ ~--~ agenda and requested approval of M~. Schneider's extension to Nov- ember. ~. DeLong moved that the request for extension be gr~-uted, seconded by w ~. Strnad. Under discussion, ~&~s. Jackson pointed out that when it comes budget time, they should be thin~ing abou~ putting a man on about October 1. Mr. DeLong informed her that another ~mn has already been put on. Motion carried 5-0. Consider Appointment of Building Offici~] ~. Kohl referred to M~. Howell being aopointed. M~s. Jackaon moved to accept the recommendation of t~e City Me~ager, seconded by ~. DeLong. Motion carried 5-0. At this time, ~. Kohl introduced ~'. Howell to the Council msmbers. He then asked about a legal opinion in regard to the resolution. Mayor Roberts asked if en appointment was necessary and ~. DeLong replied that he believed it has been a system in the past. M~. Simon stated he would be glad to prepare a resolution appointing M~. Howell as the Building Official. ~. Kohl referred to the statement in Article Section 49 of the City Cha_~ter. Mr. DeLong moved that the appropriate resolution be prepared by the City Attorney ~ · m~ng this · requested M~. Simon to '~ appomntmen~. Mayor Roberts o~ng in a resolution if it was needed. M~. Kohl stated it was not necessary as far as he was con- cerned. A pr ova~ I. ~ohl read the following bills for ~pp~o~al. Allied Chlorine and Chemm ~...,- ~ ~'cal Co. orlne '- - ~rO_ oedge~ee funds 030-82~.63 Allied Chlorine a_.~ Chemical Co. Chlor=ne Pay from budgeted funds 030-8~].63 1,380.00 001-875.63 ]89.72 ~International Business Machine Corp. 2 Typewrmters Pay from ~ ~umgeted funds 020-802 1,569.72 1,3~0.00 MINUTES - ~GULAR CiTY CO~I{CIL }.~ETiNG BOYNTON BEACH~ FLORIDA DECEP~ER t6, ~ 975 ~ E ui-~ment Passi~e~ision S ys~em Pay ~om budgeted funds 001-862.88 Bid Gounci! approved 10/7/75 Peabody Peterson m~t ~9 ~er ~acilities and Upgrading Existing Facilities Pay from A~lant_c National Bank ~975A Series Contract dated 3/27/74 .Qa!lawa~, Carpenter,.~y & Company Professmona~vices through November 30, ~974-5 Audit Pay from budgeted funds 00~-830.21 030-802-21 Motorola~ Inc. ~Two-way radios Pay from budgeted funds 020-804 2,400.00 4,960.00 t,746.00 001-863.83 1,746.00 001-812.80 743.00 001-85~.84 743.00 001-852-84 743.00 Russell & Axon 6858-17-III&CPR Inv. #4 Engineeri~ Services ~ad Resident Inspection for Raw Water Main ~ Pay from Atlantic National Bank ~975A Series Authorization dated 8/15/74 - -oo~z & ~on 6858-15-iZ-CP !nv. #15 ~pa~ construction plans and soecs for Water Treatment Expansion - Water T~eat- ment Plant Pay from Atlantic National Bank 1975A Series Authorization dated 5/74 Russell & Axon 6858-12-III-CPR Inv. #5 ~ewage Treatment Plant Improvements Pay ~-ro_ Atlantic ~? · ~a,monal Bank 1975A Series Authorization dated ~/17/74 Russell & Axon 6858-6-III-CPR ~n~. #~5 ~ . Enolneermng services for construction of ~el±s 12, ~3 & 14 Pay from Utility General Fund 030-205 Authorization dated 5/4/73 -20- 5,969.7~ 34,670.4] 7,360.00 5,721.00 3,268.38 ~o24.o7 ~,307.30 ~,907.34 Mi~U~TES R~GULAR CITY COUNCIL i~ETING BOYNTON BEACH, FLORIDA DECE~ER 16, 1975 12. 13. Russell & Axon 6858-4A-II-CPS inv. #6 ~Regional Lift Stations and Force ~.ins Pay from Utility General Fund Refundable from future bond issues 75% EPA Reimbursable Authorization dated 11/71 Russell & Axon 6858-4-III-CP inv. #20 Upgrading existing Wastewater Treatment Facilities Pay from Atlantic National Bank 1974 Issue Authorization dated 11/20/73 14. Cynthia Lewis Assistant cook for Senior Citizens ~lub ~ 2 weeks Pay from Federal Revenue Sharing Fund 020-880 Ordinance #73-15 passed 5/15/73 t5. Isiah Andrews Driver'for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing ~und 020-880 Ordinance #73-15 passed 5/15/73 16. Barfield Investment Trailor for Sanitary Landfill Pay from budgeted funds 020-833 Co~nacil approved 8/5/75 17. t5,600.93 5,233.70 76.80 72.00 1,000.00 .Boynton Beach Child Care Center Funds for Quarter ended November 30, 1975 ~°ay from Federal Revenue Sharing Fund 020-880 Ordinance ~73-15 passed 5/15/73 ~:ozich ~ Koz!c~ t,958.50 6,150.00 Eoht added the last item ~ud noted the bills described have been approved and verified by the department heads in- volved~ checked and approved for payment by the Fin~uce Director; funds are available in their resoective budgets. ~. Eohl recommended payment of these bill~. Ms-. DeLong moved to pay the bilis~ seconded by Mr. Strnad. No discussion. Mo~aon carried 5-0. OTP?ER ReGuest from Christian Academy for a Carnival and -21 - MINUTES - -REGULAR CITY COb~CIL MEETI~G BOYNTON BEACH, FLORIDA DECEMBF2R t6, 1975 Mm. Kohl informed the Comuclt that this is the same request they had last year a~ud he did request that ~ney receive an ~nsurance policy. Mayor Roberts asked where this was located amd Mr. Kohl informed him it was on Mm. Worrell,s property. ~z~. DeLong ~ novem to grant this request, seconded by Strnad. No discussion. Motion carried 5-0. ~!r. Aranow appeared before the Council again and requested a copy of these minutes be submitted to each member and alternate member of the Board of Adjustment. He would -lke each one to have a complete set of minutes. They d° mscussed whether he desired the section pertaining to the Board of Adjustment or the entire meeting ~ud whether it should be prepared per verba- tim. After discussion, Mayor Roberts requested that this re- quest be made in writing and the Council will rsply. He added that the Board of Adjustment was not involved in a~.~y investi- gation. Mm. Aranow replied that ~he would discuss this with the Board of Adjustment end let them decide. M~. Kohl referred to Section 8-17 re ui~i q - ng the Co~ucil to void any ballots received after the election. ~. DeLong moved to instruct the City Clerk to dispos~ of the ballots, seconded by ~s. Jack, on. No discussion. Motion carried 5-0. ADJOURNMENT Mr. DeLong moved to ~' Mr. StrnadaudMr. Ha~g. ~m~ou~n, seconded bY/~k'~r-~on. Meet- ing adjourned at ~0:00 P. M. See Min- utes of 1/5/7 ATTEST: ~ City Cler~ -22- CITY OF BOY~,TON BEACH, FLORIDA Co~lmember