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Minutes 08-05-75MINUTES OF THE REGULAR CITY COUNC~ MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, AUGUST 5, 1975 PRESENT David Roberts, Mayer Norman F. Strand, Councilman Emily M. Jackson, Councilwoman Tereesa Padgett, City Clerk Mayer RoBerts welcomed the ladies and gentlemem present a~d called the meeting to order at 7:30 P. M. He asked everyone to rise for the i~vecation givemByRev. Lela~dL. Aldermam, Pastor of ~ of God, followed By the Pledge of to the Flag led by Cou~¢ilmam NermamF. Strnad. Amnounceme~ts Offer of Sale of Bo~ntonBeach Water & Sewer Tax-Free Bends Mayer RoBerts referred to several inquiries regarding the Boynton Beach Water & Sewer Revenue Bends. He then read a letter dated July 15, 1975 from William R. Hough&-Co. in reference tc the purchase of these Bonds. He added that they are sold in denominations of $5,000 upwards amd their coupon rates are 4% to 7%. He also announced there was a bulletin posted on the board. Special Meeting - Tuesday, August 12, 1975 at 7:00 P. M. in City Hall Council ChamBers~ Re: Further Discussion Relating to Water T~eatment Mayor Roberts announced there would be a special meeting next Tuesday, August 12~ at 7:00 in the City Hall Council Chambers regarding the water treatment. He i~formed the audience that they held a meeting recently to obtain mere information om this for the Council members. At this meeting, someone im the audience suggested they should be able to refute the re- marks and have a chance to speak and the Co~cil members a~reed. Im order mot to take time at a regular meeting, they decided to held this special meeting. Anyone wishimg to speak may be heard at this meeting on August 12. Mayor Roberts then requested all those wishing to speak about items on the Agenda to give their names to the City. Clerk, so they may be called at the appropriate time. Regular Cit~ Council Meeting - July 15, 197~ MINUTES - REGULAR CITY COUNCIL MEETiN8 BOYNTON BEACH, FLORIDA AUGUST 5, 1975 Mrs. Jackson referred to the last li~e on Page 6 and stated it should read: "the previous City Managers" (~lural). Mrs. Jackson referred to Page 9, u~der the discussion of the Resolution to Fleri~a Power & Light, mi~e lines down, it should state: "for a statement from Florida Power & Light as to how the company'compmtes the light bills including how they arrive at the fmel adjustment charge and make this state- ment public". moved that the Minutes of the Regular City 15, t975, be accepted as carrected. Mr No discussion. Metio~ carried 5-0. PUBLIC AUDIENCE Mr. Edward Perry stated his name and that he was a resident of Boyntom Beach. He referred to the Bicentemuial program and stated he has do~e some research on it. He then read a letter dated April 14, 1975 from the Bicentenmial Committee rm~tem on ~mty letterhead paper. He stated perhaps he was grossly mis~ufermed, but it aPPeared to him they were adver- tisimg for a public firm on letterhead paid for By the City, He umderstoo~ the City would pay the postage, Bnt why is the City advertising for a public firm? Mr. Courtney Eversley stated his name amd his ad~ress as 13th Raton. He referred to t~e agenda not.men- about the proposed re-zoning for Golfvlew Harbo~mr and other sections. He asked what was Being done abomt thms. This affects him and several others. At least 24 people im Boynton Beach are asking for permits to build. About two month~ have gone by mow and he has not heard any- He referred te his mention of re-zoning smd i~formed him that there was a moratorium. Mr. Harme~ing added that the lot sizes iz Go~fview Harbeur are non-eomforming under the mew zoning and ~e believes the Planning & Eon~ Board is working ~ ~ - ~ it. Mr. Kohl ~uformed them that Both the Plan- amd Boa~d of Adjustment are working om this. ES conference with Mr. Beoltm, V±ce Chairman of the BOard of ~djustment, a~d informed B~m what he shomld do. They must g~ replied that he must Kohl informed him that he thought it would be a month before things were solidified. Fk~s. Ci~elt~ stated her name and her address as S. W. 12th Avenue. She informed the Council members that she attended a ~special workshop meeting of the Planning& Zoning Bo~d -2 - MINUTES - REGULAR GITY COUNCIL ~&EETING BOYNTON BEACH, FLORIDA AUGUST 5, 1975 during the early part of July and they talked about this re- July 28 and that is why she is here tonight to see what was do~e abemt it. Mr. Kelly, Ghairma~ ef the Plammi~g & Zoning Beard, informed her that she was i~correct in that they did not agree on this. Mayer Roberts referred to ~o Kohl,s statement verifyimg that the Bo~a~.ds are working en this and he ass~mes it will he ready with~ a month. M~. Kelly sug- ~g sted that Mrs. oBtam~ cop~es of the mmmutes of the last two meetingm of the Pls~g & Zemi~g she will see there was no mention made of amy July He Believes she is referring t~ a report that Department was going to make showimg how m~a~y pieces ef ~ureperty 2here were accor~img to the 75-1~ Ordi- if they were new waiting ply tea ~me.m~ to the Gity Manager. Mr. K~l informed them that this memo was fo~_ warded to the City AttOrney. BIDS Building at the Samitary Lamdfill M~, Kohl informed the City ¢ommci~ that hi~s om the above were opened on July ~8, ~975 at 3.30 P. M. in the Office of o~r PmrchaSing Agent, Mr. ~illiam H. Sullivam. He woul~ like to recommend that all Bids be rejected inasmuch as they are talking about amounts in excess of $13,O00.00 and there is the possibility that our landfill area could become obsolete within a few years. He, therefore, recommends to Co~cil that they purchase a second-hand trailer mn the price range of approximately $1,000.O0 to $2,000.00. They already have approval from the Department of Pollutio~ Control as per a telephone conversation with them on Thursday, July 31, 1975, letter of which is forthcoming. Mr. DeLong moved to accept the recommendations of the City Manager to reject all bids and give himpermission to pur- chase a trailer in the amoUnt of $1,000.OO to $2,000.00. Mrs. Jackson seconded. No ~iscussion. Motion carried 5-0. PUBLIC M~&RING None LEGAL Ordinances - Second Reading - PUBLIC gEARING -3- MINUTES - REGULAR CITY COUNCIL ~ETING BOY~ON BEACH, FLORIDA AUGUST 5, 1975 Proposed Ordinance No. 75-21 - Re: Regulating the Speed and Manner of Operation of Beats and Vessels ltkin the Municipal Mr. Simon read proposed Ordinance Ne, 75-21 on second readimg by caption only. ~ if amyene wished to speak for or ~. Am an in the audience a~ked hew they would regulate boats for water s~g purposes? ~yer Roberts replied that this was discussed at the last meeting and Mr. DeLe he believed if they received any cemDlaints, they help from the sheriff's ~epartment. Mrs. Jackson moved for the adoption of Ordinance Ne. 75-21 om second reading. Mr. Narmenimg seconded. Ne discussion. Mrs. Padgett conducted a roll call vote as ~ellews: Vice ~&~yor DeLomg - Aye Councilman Harmening - Aye Coumcilwoman Jackson - Aye Cou~cilma~Strnad - Aye Mayer Roberts - Aye Motion carried 5-0. Ordinances - First Readin~ Proposed ~rdinance No. 7~-2~ - Re: 197~-1976 Ba~get Mrs. Jackson stated she would like to make a statement before the Ordimamce of budget was read. They went through the whole budget and there is one thing she does not agree with. She does not believe it is necessary to raise the expenses for the City Council members. She stated this at the budget wor~hops and would like ~o ge on record now as being opposed to the raise and expenses for the Ceuncilo Mayer Roberts questioned the number ef readings and Mr. Simon informed him that he believed according to the charter, there would be three readings. Mayor Roberts then referred to his request to have au abbreviated version of the budget available for members of the audience and Mr. Koh2 informed him that this had been done and they would also be available at the next meeting. Mr. Simon read proposed Ordinance Ne. 75-25 on first reading in its entirety. Mr. Harmening moved for the adoption of proposed Ordinance No. 75-25 on first reading, seconded by Mrs. Jackson. Under discussiom, Mrs. Jackson commended the City Mauager for having done a good job in helping the taxpayers with having the budget down to the bare benes. M~yor Roberts -4- MI~TEE - REGULAR CITY CONNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1975 questioned whether this was the time te refer to the pension fund and Mr. Kohl informed him that he met with the Finance Director this mornlag and discussed this. They will give Mayer Roberts an answer and everything will be taken care of. Mayor Roberts asked if they also discassed disability insur- ance and ¥~, Kohl replied that this was just a suggestion and was not discussed. Mayor Roberts remarked that this did affect the budget. Mrs, Jackson added that she seconded the motion as kef ehjeotio~ to the raise tm the expense money did also not make any differenc~ i~ the budget. Mr. DeLeag re- ferred to absent from the budget sessi~ms and state~ he was not for er ~aimst amy specific itema, B~ut is aware the State law requires adoption. Mrs. Padgett then conducted a roll call vote as fellows: Vice Mayer DeLo~g - Aye Cemncilmaa Harme~ing - Aye Oo~¢ilwoman Jackson - Aye Comncilman Straad - Aye Mayor Roberts - Aye Metion carried 5-0. Proposed Ordinance ~o. 75-26 - Re: 197~-1976 Tax Mfltage Rate Mr. Simon read proposed Ordinance No. 75-26 on first rea~ing in its entirety. Mrs. Jackson moved for adoption of proposed Ordinance No. 75-26 on first reading, seconded by ~. Narmeming. Under discussiom, Mr. DeLong stated he woul~ like to discuss the millage rate, although he will vote for the same reason as for the previous ordinance. Although reducing it ~/10's, he would be pleased if it was held to be able to make a~ addi- tion on the Police Department. He explained how they had come a long way since 1973 and he would not want to see them bogged down now as there are still some things essential in the City. He is sorry it was not left as it was. ~yor Roberts replied that it was pretty hard to make an allowance for the second story on the Police Department, since it was not proposed by the Police Department. Ne thinks they are holdimg the line with givinga slight reduction. When the results are in from the other communities, he think~ they will agree they have done a good job. Mr. DeLong continued that he thought the secomd story was long over-due with the Police Department being over-crowded an~ additiomat men being put on. Mr. Harmenimg stated he was happy to see they were able to reduce the millage for the coming year. He thi~fms it is an opportunity that seldom comes along in this day and age, Mr, DeLong agreed in that this Council as a wholehas done a MINUTES - REGULAR CITY COUNCIL ~T!NG BOYNTON BEACH, FLORIDA AUGUST 5, 1975 pretty good Job. Mr. Strnad stated he was pleased with the millage rate comd~g do~m, but he di&m't kmew if it was wise with the .Mayor Roberts stated they must co~ider the fact that this budget was carefully drawl He then referred to a few items havi~g reversed from l~st year. He re£erred te the revenue in the B~ildimg Depart- ~ent beimg quite to~,abut he feels it ~ Re feels mn a short time, the moratorimm Will He then re- ferred to their pla~s for the water plamt. He feels they have a~ ace in the hole amd thimks their revenme'will be better tham shown. He thi~ they have done their job i.~ redmcing it. the r ~ere fortmma%e a~d referred to year to pick mp state~againtha% he ever what was shewm. Mrs. Padgett then conducted a roll call vote as Vice Mayor DeLeng - Aye Coun¢ilmam Earmenlng - Aye Gou~cilwoman Jackson - Aye Coumcilma~ Str~a~ - Aye Nayor Roberts - Aye Motion carried 5-0. follows: Resolutions Proposed Resolution No. 75-WW - Re: ObJectimg to Florida Power & Light Compa~y,s Rate I~¢rease ~r. Simon read the above Resolution No. 75-WW i~ its entirety. Mrs. Jackson moved for the adoption of proposed Resolutmon No. 75-WW, seconded by Mr. Harmening. No discussion. Mrs. Padgett conducted a roll call vote as follows: Vice Mayor DeLong - Aye Co~ncilmamEarmeuf~g _ Aye Co~mcilwoman Jacksom - Aye Councilma~Strma~ - Aye Mayor Roberts - Aye Motion carried 5-0. Proposed Resolmtion No. 75_xx _ Re: TelePrompter Rate T~ereaso Mr. Simon read the above Resolution No. 75-XX in its entirety including EXhibit A. Mrs. Jackson questioned if they should insert a date whem it takeseffect and Mr. Simon agreed that it shoul~ have an effec- tive date, but he did not know what date the Council wamted. 6- MINUTES - R~GULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA AUGUST 5, 1975 C Me. Kohl stated he thought TelePrompter Corp. requested A~gust 1. Mr. Simon stated he would check the minutes in reference to his. A member of the audience imformed them that the company had already sent sut notlaes that the rates were increased on August I. M~. Simon suggested that the proper wor~img would be: ~mmedlately uDon passage. Mrs. Jackson moved for the adoption of proposed Resolution No. ?5-XXwith the i~clusion of · , passage of this Resolmtmo~. Mr. .on. Ne discussion. Mrs. roil call vote as follows: Vice ~yar DeLong - Aye Councilman Harmeni~g - Aye Councilwoman Jackson - Aye Ceuncilman Strmad - Aye Mayer Roberts - Aye Motion carried 5-0. Proposed Resolution No. 75-YY - Re: Bicente~l Grant Re~ues~, Mayor Roberts referred to this propss~d Resolution NO. 75-YY and informed everyone that there had been no changes in the Resolution except that it is addressed not only to Governor Reubin O'D. Askew, but also to Lt Governor James zll~ams, since he is the head of the Bicentennial Committee. Mr. Edward Perry stated his name and informed the City Council that he would like to ask questions, but has not seen the Resolution. He informed them that he was formerly the Bicen- tennial Committee Vice Chairman. He resigned from this commit- tee because it was heading into a conflict of interests and he didn,t feel it was justified. He referred to the letter he read previously and advised the Council that the day it was Drinted, he found a mistake. He informed Chairman Jim O'Meara about this and asked if he wanted it re-done. Mr. O'~ara came to the Jobber and not only went along with the correction, but made some additions. He put in Nz~rk Pritchard, which they are advertising in addition to the Chamber of COmmerce. Mr. Perry continued and stated that Mr. Frank E~erting was present tonight and he is in the film business and h8~ shown great shock at the cost of the proposed film. He has gotten substantially less figmres. Why does a member of the commit- tee take $4,000 off the top and why is this member made a custodian of the funds? This man is the Drodn~er of the film. This gentleman described a 15 minute film to cost $5,000 and then in May, they ~ere given a cost of $16,235 which is triDle.. Isn't this a conflict of interest? He -7- MR~TES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1975 has nothing against Mr. War~ke~ serving on the Committee smd ~redm¢i~g the film, bmr qmestio~s beth. He mow understa~s that tbs film has beem ~mt aside hy the State. Why do they wa~t a 28 ~lmm~e film? Do they really have that mmch history? Gouldm't it be just as effective im 12 er 15 mimmtes? Ne a~ks the Co,oil to take these questions to heart. Mr. Perry comtinued that it was very appare~t that the Boymton Beach Bicentemmial CommitteeRh~s a tie with the Chamber of Commerce. Omo member of the Committee does met evem live here, hut.happems to be a member of the ~ham~er of Commerce a~d a member of ~he Committee. Mr. Perry ~hem referred to Mr. Eberl~g' heimg presemt, who has a ~ackgrou~d e~ Being a teacher a~d has worked with Chanmel 12 ma~_ing decmmemtaries, etc. He requested the Council to entertai~ him. Mr. Frank Eberling stated his ~ame a~d his address as 808 North Lake Comrt, Jupiter. He first commemde~ the Commcil on imtrodmcing such a thought. He has taught high school im Palm Beach Ce~mty amd k~ows how important this is. The reason he cams tonight was om the behalf of cencsrne~ citi- mens regarding the cost of this 28 minute film. He womld like to commemt on the lemg. th of the film~ It would be his recemmendatio~ that a film of this type with the comtent as outlined should be approximately 12 to 18 minmtes lomg. He feels thi~ based om his experience of having hee~ a teacher amd having used films in the classroom. .Z~o, he would like to make the Coumci~ mware tha~ although $16,000 is not tirely omt of line for such a productiom, it cam be dome for less. Not mecessarily by him, but there are other production houses around that ca~ produce s~ch. a film cheaper. He is available for recommendations or to answer any questioms they may have. Please feel free to contact me if yo~ would like my advice from an aducatio~al or film standpoint. Mayor Roberts stated that the City Co~¢il has appointed a committee to go ahead with this particular project. Nowever before passing the Resolutiom, possibly they ehomld get the additio~ $3,000. He stated he would like to go into this further with the City Co~ci~, hut would also like to hear Mr. O'Meara's commemts. Mr. Jim O'Meara appeared before the Com~cil amd informed them that the film would be a 28 minute color and so~d productiom, 16 millimeter, ef the history ef Boyntgm Beach, Floridm~ They have held three 2½ homr meetings perta~_ing to this film. They have worked hard to come up with a film with the pri- mary purpose ~o ~reserve im movie form the hi~tory of Boymtom Beach. It will Be available to all schools, chmrches, li- braries, etc. Most important, the film will become a part -8- MINUTES - REG~ CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1975 of the history classes of local schools. They Believe this will also be very vaRuaBle to the admlts who ~ave come from different parts of the ceumtry amd wa~t to k~ow more their adopted City. T~ey feel the children ef today amd the futmre should k~ow more abomt the history of their City to better prepare themselves to Be citizems amd leaders of tomorrow. This is their reasom after having visited approx- imately32 since the time they s~arted. They have given re ;~ks have Bee~written e~ ef Florida. ~T~.e mamwho is doing ~his ~s James R. who has written two books on thms. T~e people doing job.on to do one thimg. He is Ee is provd of the associates he has the of Commerce a~d the City Council. This request ~ for the history of Beach? Ee $~ands above reproach on any matter to this City. Mr. O'Meara referred to the J~e issue of Florida 76 Today~ article pertaining to appropriation. He to Boca Raton for a Bicycle traini~g am~ he their history is worth jmst as much. The Lake ~erth Theater has bee~ granted $7,500 also. He wants to kmow what happened to Beymtom Beach. He then referred te a~ article im the News Journal stating Beynton Beach and Delray Beach were turned.dow~ for f~ud grants because they have a limited populatmon to explore. This is not right. Mr. O'Meara contimued that as far as he waspperso~ally con- cerned, he is looking forward to a beautifml last quarter of this year. They will go back to the committees they have visited and they have gotten a wonderful receptiom from all the organizations. They are alooking forward to an excellent Bicentennial Chamber of Commerce Parade. They are god~g ahead whether ~hey get it or not. The City Coun- cil has give~ the Committee excellent s~pport, in addition to giving $3,000. They have sen~ the request in and they are the only City have to raise f~n~s. What does the City Comncil want from this Committee? Mayor Roberts referred to the $16,000 figure mentioned amd stated he had the idea the film was a $6,000 project. Mr. O'Meara imfermed him that the film was $12,000. They mitred a bid. They raised $6,000 and the grant was made at their request with the Coumty telling them how to do it and they asked for $6,000. Mr. Kohl clarified that the film maker was going to donate $4,075 for labor. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1975 Mr. DeLong stated he was in favor of sending this Resolution in view of the fact they have had something to de with this committee, tf they are short of fuuds, he believes they should send it.. They are going to have a Bicemtennial cele- brationamd he wants te see it. He thinks thisCemmittee deserves their utmost support. Mayor Ro~erts agreed. He added that if there were other problems in the meamtime, he thinks they should be submitted to the ~ity Msmager. He thJ_uks the Resolmtio~ should be read and voted om Mr. Simon read proposed Resolution No. ?5-YY in its entirety. Mrs. Jackson moved £or a~o~tion of Resolutio~ Ne. 75-YY, seconded ~ted a roll call vote Vice zor DeLong - Aye g - Aye - Aye Coumc: - Aye Mayor ~Roberts - Aye Motion carried 5-0, Other Mr. DeLong stated he thought it would be appropriate at this time to send a reply to Mr. Rose. Mr. DeEong made a motion that the City Attorney be instructed to reply to Mr. Rose. Mrs. Jackson seconded the motion. Under discussion, Mr. DeLong clarified that Mr. Rose was still in doubt as to whether he still had a claim since there was nothing in the City Hall records, but then he produced an instrument which was presented at the last City Council meeting. ~. Simon should not only acknowledge receipt of this, but also advise him where he stands with his claim. They mow have the facts with the executed agreement, which they did not have amomg their records. The location of the property and the type of zoning requested was discussed. Mr. Kohl stated~that Mr. Simon did give them a legal opimion that this agreement did not stand up. Mr. Simon cle~ified that in reviewing the agreement, it appeared to be an agree- ment between the property owner and the City to enter a zoning agreement, which is invalid in the State of Florida. After further diScussion, Mr. Earmening suggested it might be approp~te for the City Manager to answer Mr. Rose advise of the City Attorney,s opimion. Mr. DeLong amended his motion te instruct the City Attorney to review this letter and render him opinion to the City ~mnager, who will write to Mr. Rose. Mrs. Jackson seconded the motion. Motion carried 5-0. - 10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, t975 The Chairman for the Boymton Beach Jaycees Muscmlar D~trophy before the Coumcil amd i~formed them that ~ held the campaigm this weekemd. Mayer ~ob?rts ?tarified that he was reqmestimg permission to solicit un~s ann suggested that he wait mntil the e~d of this meeting to make this request. OLD BUSINESS Clarificatiom of Agreement with Mr. Zill im Exchange for Grant of Easement -Vice Ma~or Joe DoLeful Mrs. Jackson stated that this was a reconsideration of a vote which Was takem. Mr. DeLe ~tating it was not a , but a He wants this clarified, fence was erected on the Zill property since the last As a member ef the City Comncil, he does mot recall ~me minutes of J~ly 1, 1975, reflect act o~ v~r~al gave t~e Mayor Roberts clarified Council for took pla~e and agreements made ~e~or e the far as he is bally im the to re-locate differemt than taxpayers, f~uds br~ry. Mr. t~y had the wi~h these two proJ it ~as done before amd he wants to son replied t~at she meeting a~d it was continued thatthey do not are s~e~ing taxpayers, i~the records is a tea lateral an~ a coz~Li- a fence womld It is ~u free femces, to a Who erected the fence this was presented to the City matter a~d a chamge of policy im the future there would be ne in the City ~til it was brought the fact of this matter as the agreement ~as made vet- · since $15,000 was involved He added that this was mo in the~ past with spendimg ramp and Cha~ging of the li- om it~ : ahead amd stated MINUTES - REGUL~q CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1975 Mr. DeLong referred agai~ to the agreement with Mr, Zill aud stated there was no agreement, He added that the City Coum- cil has no right to honor amy verbal orders made by anyone employed by tke City. Mayor Roberts replied that they have discussed future policy. The report reflected a $15,000 saving. Mr. DeLo~g replied that the expen~itmre of $15,000 was only am assumption because it was not done im the way it should have bee~ done. There has never been the approval of this City Council for that expenditure. It was done as a matter after the fact. They ca~, see by the mimutes that they were supposed to carry out an agreement amd he is still wait- ing to see the agreement. Hr. Earmeni~g stated that he believed Mr, Flmshing told them about the verbal agreement and they agreed to pass on it. Mr, Strnad replied that the sewer line was already installed, but not the fence. The members argued farther whether the fence was actually authorized amd the intent of the motion as reflected in the minutes. Mayer Roberts conclude~ that M~. DeLo~g had the right to make this remark for the public record and has done so. Mr. Strnad then referred to this easement and correspondence received from Mr. Flushing stating.the E~gineering Department does not cheek on the jobs. He thinks this is wr~g. In amy capable bmsiness, double checking is always done and he cannot see setting up a system where they de not set up a procedure. Mayor Roberts stated he would like to discuss ~his at a later date. Amendment to Ordinance #30-B-32-2-C-W.&~. Flerida #281 Vice Ma~or Joe D~Len~ Code Mr, DeLong referred to the above ordiaa~ce, Section 2-C, and requested it be amended with the addition, "shall be approved by the City Comacil", Mayor Roberts stated he would like to have this section for backup material smd they could act on it later. Mrs,'JacP~on ~greed. Mr, DeLong replied that it would be very simple to clear it up tonight. Mr. DeLong moved to amend this particular section to include that verb~_.a~eand instruct the City Attorney to include the verh~to tie it down. ~, Strnad seconded, Under discms- sion, Ymyor Roberts asked that the backup material be included as it is usually dgne. .M~.. DeLong replied that he was just asking to amend this partmcmlar section of the cede with a~ addition. Mayor Roberts replied tha~ he was ~t disagreeing with the intent, but they should have backup material. Mrs. Jacksom moved to table this and have backup material at the next meeting, Mr. Harmening seconded. Motion carried 3-2, with Mr. DeLong and ~. Strnad voting agadast. - 12- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA MEETING AUGUST 5, 1975 Consider Issuance of Permit for Ben Jek~ston's Radio Tower - TA~.~.D Mayor Roberts asked if this had been brought up before the Court and Mr. Kohl informed him that it was in Court and they asked for continuance. Consider Request of the Community Appearance Board, Re: New Signs - TABLED Nrs. Jackse~ moved to take this from the table, seconded by Mr. Earmening. Motion carried 5-0. Mrs. Jackson referred to the list submitted by Mr. Kohl and pointed out that three cities do submit signs te the CAB and six do not. She thinks the CAB is doing a fine job and she does mot want to see them bogged dow~ witk signs. She thinks this comes mader the Bmilding Department. She thinks there has beem a very geed job done. She would like to see it re- main as it is. .Mr. Strnad remarked that he thought if the CAB were going to be bogged down by this, they wouldn,t have asked to be put in this position. Mayor Roberts informed the members that he attended several meetings lately and has talked to people around tswm about this. The CAB is doing a i Job, but they feel mnless they get a definition of aa he could net go along with it. He added that most people do put up a sign accept- able and adequate. It omly creates a~other step for new busi- nesses coming into t~wm. He also heard that some small busi- nesses were not coming imto town because of havimg so mamy s~ps to do now. He ~oesn't understand what an aesthetic sign is. They de have aa ordinsnce, which he thinks is ado- See min- utes o£ 8/19/75: Page 2 Mrs. Jackson continued that she believes the time is going to come when more building will take place and she doesn't want to put more roadblocks in the way of people coming in. They have the sign ordinance, which is very definite. Mrs. Jackson made a motion to leave this as it is under the Building De_~rtment. Mr. Harmeming seconded the motion. Motion carried 3-2, with M~. Strnad an~ Mr. DeLeng voting against. - 13 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1975 Cousider Recommendation of the Parks & Recreation Board - TaRT~D Mr. Harmeming moved to take this from the table, seconded by Mrs. Jackson. Motion carried 5-0. Mr. Harmeming proposed Mrs. Kathy Wallace to fill the vacancy en the Parks and Recreatiem Board. The vote was 5-0 in favor. Bus Accommodation at Beach - Councilwomam Emily M. Jackson - Mrs. Jackson moved to take this from the table, seconded by Mr. Harmening. Motion carried 5-0. Mrs. Jacksom stated that they had not heard anything from the County and Mr. Kohl informed them that it had been turned over to the County Engineer. Mrs. Jackson suggested that Mr. Kohl, Mr. Fredericks amd Ym. Gleamy meet with the City Manager of Ocean Ridge to get their viewpoint. Mr. DeLong questioned if Ocean Ridge was motified about this and Ym. Kohl informed him that he did send them a letter advising that the County was working on this. Mrs. Jackson stated she felt it should be spelled out ia more detail. The members discussed whether Ocean Ridge had all the i~formation. Mr. DeLeng added that they should work thromgh the City Counciland not delegate different people to meet. After a further discussion, it was agreed to let the City Manager pursue this. Discuss Unused Easements - Mayer David Robert~ Mayor Roberts asked if the policy of this particula~ item for future easements would be taken care cf under B and ~. DeLong replied definitely. 5~yor Roberts continued that since they were contemplating a chamge of policy in this particmlar matter, he thin-ks they should clear off the books of all ~nused easements. He ques- tioned the procedure to get these easements aba-~4ned amd Mr. Simon explained that the regular aban~omment procedure would have to be followed. Mr. DeLong referred te this being a suggestion by a member of the City Council to get rid of easements not msed. He referred to a memo dated July 17, 1975, fromMr. Flushing stating this would be a major effort. Mr. Harmening re- ferred to this memo and clarified that there were probably a considerable number of easements in the City not being used. For the Engineering Department to actually check, they must go through every easement in the City to check to see if it is being used. This means all the public uti- lities. Mr. DeLong 9uestioned if it should be brought up- to-date and Mr. Harmening replied not necessarily. There MINUT~£ - REGULAR CITY COUNCIL MEETING BOYNTON BEAOH, FLORIDA AUGUST 5, 1975 is a big difference between easement and right-of-way. If anyone discovers an easement not being used, they ca~ peti- tion for the abandomment. Mr. DeLeng clarified that the ori- ginal motion to do it was taking in too mmch territory. Mr. Narmening agreed stating it would be a tremendous job. There are easements which have never been recorded and some mot showing on the up-to-date map. They would be throwing a trememdous burde~ on the Engineering Department. Mr. whether they should act on the two for Mr. ~. S~rma~. to Mr. he wanted to get this Strmad dis- Mrs. Jackso~clarified that ~ should returm it to him. Mr. Earmeni~g added thai abam- domments were the ones reeentty req~ire~ for the sewers. Mayor Roberts asked if havi~g an easement on the property property owner owns the property where the easement is. Mr. Strmad referred back to the double checking procedure. He stated that the whole deal with Sill's would not have come about if there had been do~ble cheoking, They foumd three telephcme pol~.s~ after the job was started and the trees were mix feet so~th ef the property line. This .should have been checked. It is imperative that the Engineering Depmrtment and Building Department cheek on this. Mayor Roberts agreed. Mayor Roberts continued and referred to having the idea of there b~ing only a few ~used easementsto ~lear off the books, so it would not interfere with the sale of the property. Mr. Harmening agreed there may only he a few easements in actuality; but to find them, the search womld be very labor- ious and lengthy. Mr. DeLong added that Mr. Swan of Russell and Axon had told them ~hat they wouldn,t, be in favor of this, as they may have to go in later to do repairs. Mayor Roberts summarized that the Council felt they should leave well enough alone. Discuss Value of Property Owned by City of Delray Beach for Regiomal Sewage Treatment Plant Site - Ma~or David ~oberts .Mayor Roberts a~nounced that he had just gotten a confirma- tion of a telephone call and it looked like they were still bargaining. The Council ~es~gnated Mr. Gent to represent Delray Beach dm negotiations e£ the 34 acre site. They could not agree with $300,000, but would agree to $315,00. He doesn't know what the Council wants ~o do about a counter offer or possibly leasing. Possibly if they use the method of suggesting leasing, perhaps they may come down a little mere. 15- MINUTES - REGULAR CITY COUNCIL M~W. TING BOYNTON BRACE, FLORIDA AUGUST 5, 1975 Mrs. Jackson replied that she did not prefer to lease, as she feels they would like to have them as tenants. ~yor Roberts continued that this land was financed by sewer and water revenue bomds. He believes if they receive the money, they could use it to retire the beads. Mr~ DeLeng stated he believed the original price was $510,000 and half was $255,000. We made an offer of $300,000 and he had hoped it would be a firm offer amd not have to go bar- gaining, Re thi~d~s their offer was fair aa~ gives them a profit. Re feels they are in the market and have their hand out and are getting assistance from the County for their It is his own persomal opimion that $300,000 would he as much a~d as high as they should go. He wants te stay with the firm priceof $300,000. Mayor Roberts replied that they could not tie in what they get for their beaches amd other things. He added that it was also brought to their atten- tion the cost of $80,000 to draw pla~s, etc. Mr. DeLong contiaued that he ~mst pointed out that they are usdag tax- payers, momey and mt is money from the BoyntomBeach taxpayers. On a piece of property such as this being a Joint ownership and management, he thJ~W~ they are m~W~g a reas~enable profit. Mayor Roberts ~greed tha~ $30~,000 w~ figure, hut didn,t agree with his cempm~isoms. Mr. that i$ was all tax--ers, mone~ no matter where it csme from. 8/Z9/75 Minutes Mr. Strnad referred to discussing this at the Sewer Board Meeting the other night. He suggested that possibly they may need an arbitrator. Mr. DeLeng replied that it could be worked out. After further discussion, it was agreed to hold firm with their offer of $300,~00. Mayor Roberts added that he would imform them. BUSINESS Offer of Land for Regional Sewage Treatment Plant Site - Mayor David Roberts Mr. DeLong moved to place om file the commumication from Law ~ealty, Inc. dated July 22, 1975, for future reference. Mrs. Jackson seconded the motion. No discussion. Motioa carried 5-0. Policy for Transcribing Minutes of City Co%u~cil Meetings Councilwoman ~!~ M. Jackson - 16 MINUTES - REGUI~R CITY COUNCIL MEETING BOYNTON B~CH, FLORIDA AUGUST 5, 1975 Mrs. Jackson referred to their 12 homrs of budget workshop W · sessions. These meetings were taped and wet? to be rmtten ~p in the fsrm ef minutes, bu~ net by verbatim~ She walked i~te City Hall and could hear veicem coming from all differ- ent tape recorders and found out that practically the whole City Clerk,s office was working on tacos from these meetings. She thi~hks a policy_~s~./~e set. I~ someone wants te come im amd have a tran~r~T~%ome meeting, that is goe~. If someone wants to hear a ~ecord, it is good. However, when it takes so many people time to transcribe this, it is taking the taxpayers, money. I~ someen? wants a transcript, they should have an outside s~enographer come in a~d pay for it. 8/18/7s Minutes Mr. Strnad referred to Mrs. Jackson meeting with femr Depart- ment heads for over an hour and bantering about fire hydrants. He then referred to the transcribing of the ~udget workshop sessions and stated he thought she was being extremely sel- fish to the taxpayer. ~sessioms are only held once a y~ar. When a~yone c( about the budget ses- sions, they will have a of the information, without having them listen to an inamdi~le tape. It is their purpose to make this available to the taxpayer. If he ~ad more time, he could enumerate many times when she ha~ no con- cern for the taxpayer. ~trs. Jackson continued that she coul~ understand workshop meetings being taped. However, no action is taken nor mo- tiens made. They did not vote on the budget until tonight. She then explained about the meeting he overheard yesterday and how she accumulated the material herself and was trying to get answers in reference to not violating their bo~d agree- ment. Mr. Strnad stated again that the budget hearings only happen once a year. He thinks the City can have a transcribed copy of these meetings, which are the meet important item in the City government. Mrs. Jackson questioned if they had dome it before and Mr. Strnad replied: no, but they could start. Mrs. Jackson remarked that she thought it should have been brought up before the hearings. Mr. Strnad informed her that he checked with ~. Kohl before he had ~his done and was told there was nothing wrong in requesting this. Mayor Roberts stated he couldn,t grasp this thing. He is just trying to figure out why these minutes could not have been recorded on a personal tape recorder, because they de not even transcribe their minutes per verbatim of the City Council meetings. What value would these be from the budget meetings? The~ estimated cost would run in the vicinity of ~250 en~5 Mrs. Jackson referred to their policy for transcribing regu- mmnu~es lar Council meetings and how they agreed it was not necessary - 17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEAO~H, FLORIDA ~UGUST 5, 1975 to type the minutes per verbatim. She cannot see the neces- sity of having three workshopsdene per verbatim. She thi~W~ the persom wanting this done should have to pay for this. Mayor Roberts referred to their budget hearings last year and how only three Council members attended, but the ones not at- tending did not require this. He thi~d~s it is an mmnecessary expense. When they transcribe an item like this per verbatim and the results reflect on the budget, he ~oes not thi~k it is necessary. Mr. Earmeniag agreed that a goe~ consolidation of the minutes was preferred. Mayor Roberts continued that it was hard te figure these things omt. He hates to see this policy continue at least during the few months he has left on the Coumcil. Ee will mull tkis over to see What he can come mp with, Imq~iry Relating to Employees Pension Plan Committee - ~ou~cilman Norma~F. Strand Mr. Strmad stated he never received any minntes of the meet- ings of the Pension Board. Mayor Roberts questioned whether he asked for them and Mr. Strnad replied: no, but he receives minutes from the other Boards of the City, He questioned why this would be different? Why hasn't he seen a~y minutes from this Board? Mayor Roberts requested the City Manager £o for- war~ a copy of these minutes to sach Council member in the future and Mr. Kohl replied that he would be glad te do this. Fir. Strnad continued with after having spoken to two members of the Pension Board, he noted an ordinance stating the Finance Director is the Treasurer of this Board, hut he never attends the meetings. Mrs. Padgett remarked that the meetings were open. Mayor Roberts questioned whether he was compelled to attend and M~s. Padgett replied that not to her knowledge he wasn,t. The importance and necessity of the Finance Director Was discussed further. After discmssion, it was agreed that Mr. ~ohl would send a notice of the meetings to the Finance Director from now on. Consider Application for Permit to Solicit: I. Boynton Rams Football Team 2. Lake Worth/Boynton Beach Lodge #2304 - Sons of Italy . 3. Boy~ton Beach Ja~cees Musc~ DSstrophy Campai~ I~ view of the fact that everything appeared to be in order, ~. DeLong moved to approve the applications and that the Jaycees be permitted to commence their activity this Satur- day contingent upon filing an application with the City Clerk. Mrs. Jackson seconded the motion. No discussion. Motion carried 5-0. - 18- MINU~8 - REG~ CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA AUGUST 5, 1975 ~pproval of Bills Mr. Eohl read the following bills for approval: Lanier Business Machime~ Recording system for Council Chambers Pay from encumbered f~nds 001-510 Fence Contractors Femcing at Little League Field Pay from ~perating Capital Improvememt Fund 021 810 5 5 10. ~s Courts Pay from Operating Capital Improvement F~d 021-815 Bid approved by Ceum¢il 5/6/75 Service s Office Pay from encumbered funds. 00~-513 R & R Utilities Extension of 12" Force Main 1-95 & S. W. 15th Avenue Pay from budgeted funds 030-821.11 Freeman, Richardson, ~atson, Slade Mc & Ke2 conne~ with $2,600,000 Bend Issue Refundable from Atlsmtic National Bank Pay from Utility General F~ad Harco C~rp. '~athodic Pretectiem for Water Tower F~y fr~m budgeted funds 030-811.t5 & Bid aplr~oved by Council 2/10/75 16 State of Florida - D. ~. T. 1-95 Aceess Road, 23rd & 6th Street Pay from ~udgeted fuads O01-885.18 Associated/Ferris Printers~ Inc. 300 Official Statements for $2,600,000 1975 Series Bomd Issue Pay from Utility General Fund Recoverable from Atlantic National Bank !slab Andrews briver for Senior Citizens Club - 2 weeks ~ay from Federal Revenue S~ar~ing Fund 020-800 Ordinance #73'15 passed 5/15/73 $ 1,494.70 4,087.00 6,837.17 1,110.54 1,705.40 4,098.31 5,398.00 23,000.00 1,687.50 90. O0 - 19- ~NUTES - REGULAR CITY COUNCIL ~TtNG BOYNTON BEACH, FLORIDA AUGUST 5, 1975 12. 13. 14. 15. 16. 18, C~thia Lewis Assistant Geck for Se~ior Citizens Club 2 weeks Pay from Federal Revenue Sharing Fumd 020-800 Ordinance #73-15 passed 5/15/73 Pay from Utility General F~ Contract dated 5/27/75 Recoverable from HUD Oe~strmction Fum~ ¢~. #13 Plamt Pay from Ba~k 1974 Issue $144,015.84 8,036.90 1975 IssUe Contract dated 3/27/74 West Construction Co. Est. #1 New Office, Lab &Mai m ShopL Wastewater Treatment Fac. Pay from ~Atlantic National Bank 1975 Series Water & Sewer Revenue Bond Issue Russell & Axon 6858-4-III & CP !nv. #15 ~pgrading existing Wastewater Treatment Facilities Pay from Atlamtic National Bamk 1974 Issue Authorization dated 11/20/73 Russell & Axon 6858-21-II & CP I~v. #6 Preparation of constructio~ plans and specs for expansion of existing trams- missioa on distribmtionmaims and storage facilities Authorization dated 1/20/75 ~ from Utility General Fund Recoverable from future bond issue Russell &Axon 6858-15-II-CP Imv. #12 ~reparation of construction pla~s and specs for Water Treatment Expansiom - ~ater Treatment Plant Authorization dated 5/74 Pay from Utility General F~nd Recoverable from future bond issue Russell &Axon 6858-9-CP Inv. #22 PE92-500 Grant Application and Supporting crud!es Authorizatio~ dated 5/9/75 Pay from Utility General Fumd - 20 - 96.00 2~,182.~7 152,052.74 7,585.20 4,558-55 27,652.67 4,800.00 6,562.43 MINUTES- REG~AR CITY COUNCIL MEETING BOYNTON BEACH, ~ORIDA AUGUST 5, 1975 t9. Russell & Axon 6858-4A-CPS Inv. #1 South Central Regiomal Lift Station~ and Force Mains Authorization dated 11/72 Pay from Utility General Fund 3,502.32 20. ~ssell &.Axon 6858 19 CPR Inv. #1 in pectmon servmces mn connection with Samitary Sewer, Lateral 18C Authorization dated 71/t4/74 Pay from Utility General Fund Recoverable from HUD Constructio~ Fund 1,108.73 Mr. Kohl said all bills described have been approved and veri- fied by the department heads iavolved; checked and approved for payment by the Fimance Director; funds are available in their respective budgets. Mr. Kohl therefore recommended payment of these bills. Fms. Jackson requested that Item #8 be voted on separately. ~. Hemmening moved to pay the bills with the exception of #8, seconded by ~s. Jackson. Mr. Strnad requested that #12 be left out for a separate vote. Mrs. Jackson clarified for the groans in the audience that some of this is recoverable from funds coming in for the Waste Water Treatment Plant. Mr. Strnad stated he would not vote in favor of #12, because there is a cloud on this ps~ticular item. ~. Harmening amended his motion to pay the bills with the exception of Items #8 and 12 for separate discussion. Mrs. Jackson seconded. Under discussion, Mr. DeLong stated he would like to call to the attention of the members of the Council that they have om various occassio.~s notified cer- tain builders they will be paid from certamn funds and they are recoverable from a bond issue and then it dies. The City Comncil should be apprised of it. They should have this information or advice as to when it is recovered. M~. Kohl stated he would follow this through. Motiom carried 5-0. Mrs. Jackson referred to #8 and stated she was going to vote against it. Mayor Roberts referred to this being adopted by the Council on a 3-2 vote, the same applying to #~2. They have bee~ voted on and would how~be saying they are not going to pay the bill. Mr. DeLeng moved to pay the bill for Item #8, State of Florida. Mr. Harmening seconded the motion. Motion carried 5-0. ~. Harmeming moved to pay Item #12, Underground Utility Con- struction Co., which is recoverable from HUD Construction Fund. Mrs. Jackson seconded. Motion carried 3-E, with Mr. - 21 MINUTES - REGUL~R CITY COUNCIL ME~TING BOYNTON BEACH, FLORIDA AUGUST 5, 1975 Strnad and Ma. DeLeng voting against. Mr. DeLong added that the fence should have been left e~t. Mr. Joe Swan appeare~ before the Council and informed them that Item #12 was per Estimate #1. It is not a final amd does not include any pay- ment for any femce. ~THER Mr. Kohl referred to an appraisal made om the property near 6th Street and 23rdand questione~ if he should pursue this? Mr. Harmeni~g stated his recommendation wa~ to let the City praised at $15,500. M~. DeLe~g moved to instruct the City Manager to negotiate for the acquisition of the right-el-way. M~. Harmenimg seconded the motiom. Ne discussion. Motion carried 5-0, ADJOURNMENT Mr. DeLemg moved to adjourn, seconded by Mr. Strnad. Meeting adjourned at 10710 P. M. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Ce~c~m~ber 22-