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Minutes 01-03-78MINUTES OF REGU ~LAR CITY COUNCIL MEETING OF T~ CITY OF BOI~TON BEACH, FLORIDA, HELD IN CITY HALL, TUESDAY, JA~UJARY 3, 1978 PRESENT Joseph F~. Zack, Mayor Emily M. Jackson, Vice Mayor Richard D. Caldwell, CoUncilman Joseph DeMarco, Councilman Norman F. Strn~d, Coumcilman Frank Kohl, City Manager Tereesa Padgett, City Clerk Gene M~ore, Cit~ Attorne~ ~jor Zack welcomed everyone to the first City Council meeting in 1978 and ca~led the meeting to o=der at 7:30 P. M. He re- quested everyome to please rise at the sound of the gavel for the Invocation- gi~enby City ~m~uager Frank Kohl, followed b~ the Pledge of Allegiance to the Flag led by City Attorney Gene Moore. Mayor Zack announced that filing for homestead exemptions would be held tomorrow, January 4th from 9:00 A. M. to 4:30 P. M. in the lobby of City Hall. Mayor Zack announced that the South Central Regional Waste~ water Treatment & Disposal Board would meet at Boynton Beach City Hall on January 5 at 7:00 P. M. N~yor Zack introduced his son, Phil, present from Ohio to- gether with his wife, Nancy, and two grandchildren, Greg and Keith, and his wife, Eleanor. Mrs. Jackson annoumeed that the Legislative Delegation would be holding a public hearing on Friday, January 13, at the Palm Beach County Court House at 9:00 A. M. and they would hold a hearing at Boynton Beach City Hall on January 30 at 9:00 A.M. AGE~DA APPROVAL Mrs. Jackson moved to table Item A, Consider Tree Preservation Amendment to Community Appearance Board Resolution ?3-T, under Old Business until the next agenda on January ~7. Mr. DeMarco seconded the motion. No discussion. Motion carried 5-0. ~s. Jackson moved to approve the agenda as corrected, seconded by P4~. Caldwell. Motion carried 5-0. Mayor Zack referred to the agenda and announced if there wa~ any item anyone in the audience desired to speak on to please give their name to Mrs. Padgett and the City Clerk will call on them at the appropriate time. M_INUTES MINUTES - REGUI~R CITY COUNCIL MEETING BOYNTON BEACE, FLORIDA JANUAR~~ 3, 1978 Regular City Council Meeting - December 20~ 1.977 When called upon by Mayor Zack, Mr. DeMarco, N~. Strnad and Mx. Caldwell replied they had nothing. ~s. Jackson referred to Page 1, next to last line, mud made the addition in the motion to approve the "amended" agenda. Mr. DeM~rco moved to approve the minutes as corrected, seconded by Mr. Caldwell. No discussion. Motion carried 5-0. PUB~tC AUD~NCE Mayor Zack received no response sired to address the Oouncil. when he asked if anyone de- BIDS NO~ PUBLIC HEARING Abandonment of 10 ft. Alley Between Lots 92 & 93, Arden Park. Applicant: Walter L. Holly (Due to cancellation of the December 27th Planning & Zoning Board Meeting, this Public Hearing has been re-scheduled for February 7' Eity Council Meeting) Mrs. Jackson moved to scratch this item from the agenda, seconded by Mr. Caldwell. No discussion. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 77-35 - Re: Confirming Reversion of Zoning Classification Anson & Meadows Planned Unit Develop- ment from PUD to R1AAA Mr. Moore read proposed Ordinance No. 77-35 by caption on second reading. Mayor Zack asked if anyone in the audience wished to speak in favor of this ordinance and received no response. He asked if anyone wished to speak in opposition to this ordi- nance and received no response. Mr. Caldwell moved the approval o'f Ordinance No. 77-35 on secondeand final reading, seconded by ~s. Jackson. No dis- cussion. Mrs. Padgett took a roll call vote on the motion as follows: -2- MINUTES - REGULAR CITY COUNCIL M~ETING BOYNT@N BF~.CH, FLORIDA JANUARY 3, 1 978 Councilman DeMarco - Aye Vice Mayor Jackson Aye Councilman Caldwsll - Aye Councilman Strnad ~e Mayor Zack Aye Motion carried 5-0. Proposed Ordinance No. 77-36 - Re: Prescribing Procedures and Standards for the Development & Subdivision of Real Estate and £or the Sure. eying ~.PlattingThereof Mr. Moore read proposed Ordinance No. 77-36 by caption on second reading. May~r Eack asked if a copy of this ordinance was in the library and Mr. Kohl replied that he was pretty sure there was, but he will check. Mayor Zack then asked if anyone wished to speak in favor of this ordinance and receiwed no response. He asked if anyone wished to speak in opposition to this ordinance and re- ceimed no response. M~. DeM~rco moved the adoption of Ordinance No. 77-36 on second reading, seconded by N~. Caldwell. No discussion. Mrs. Padgett took a ~oll call vote on the motion as follows: Vice Mayor Jackson - Aye Councilman Strnad - Aye Councilman Caldwell - ~e Councilman DeMarco - Aye Mayor Zack - Aye Motion carried 5-0. Proposed Ordinance No. 77-37 - Re: To Provide for Establishment of Taxi Offices in Zone C-2 Neighborhood Commercial District Mm.~ Moore read proposed Ordinance No. 77-37 by caption on second reading. Mayor Zack asked if anyone in the audience wished to speak in favor of this ordinance and received no response. He asked if anyone wished to speak in oppositiom to this ordinance and re- ceived no response. second cuseio~. follows: of Ordinance No. 77-37 on and final reading, seconded by Me. Caldwell. No dis- Mrs. Padgett took a roll call vote on the motion as Jackson moved the adoption Councilman Strnad - Aye Councilman Caldwell - Aye Councilman DeMarco - Aye Vice Mayor Jack~on - Aye Mayor Zack - ~Je Motion carried 5-0. --3-- MINUTES - REGUL~ CI~ COUNCIL MEETIEG BOYNTON BEACH, FLORIDA JANUARY 3, 1978 Other Receipt of Correspondence from Eon. Michael P. Smodish~ Attorney at Law - Re: J. Earl Pratt (Lime Softenin~ Case) ~yor Zack referred to the Council members receiving a copy of this correspondence and Mr. Moore advised that he received notification that the plaintiff, ~. Pratt, has taken a volun- tary dismissal, so the matter is completed. No action needs to he taken as the appeal ~as been withdrawn. )~. Caldwell meved to notify Reed & Smodish informing them of the City's pbsition in regards to the d~opping of this case by M~. Pratt a~ thanking them for their previous service and assistance in t~slca~e and advising there is no need for fur- thererepresenta~ioh since it is a ~c~tissus. Mr. Deq_~co secon~ded the motion. No discussion. Motion carried 50. OLD B~SI~SS Consider Change Orders #2 and #3 for Water Treatment Plant Expansion I~. Kohl read the attached letter dated December 28, 1977, from Russell & Axon. Mayor Zack added that this ~as a result of our action and the cost and extension of time required has been given. Mrs. Jac~on moved to grant Change Orders ~os. 2 and 3, Water Treatment Plant Expanszon, Phase I A and II - intercounty Contract, City of Boynton Beach, Florida, Project No. 626- 681-08-3 (6858-t5~III~. Mr. DeMarco seconded.the motion. ~o discussion. Motion carried 5-0. Mr. Kohl znformed the Council that it wa~ necessary to sign the Change Orders to- night. Approval of Bills Mr. Kohl read the following bills for approval: Davis Meter & Supply $ 2,607.43 Odophos liquid for Sewer Treatment Plant Pay from budgeted funds 40t-533-550-03-65 2. Board of Count~ Commissioners 8,538.00 Use of County dump for November _ Pay from budgeted funds 001-321-530-02 9A Florida East Coast Railway Co. 1,950.00 Annual Maintenance for year in advance Pay from budgeted funds 001-80t-570-02-16 Agreement dated 8/18/77 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1978 4. Allen Insurance Agency 2,777.00 Special Risk Accident Policy Pay from budgeted funds 001-801-570-02-41 5. Bernards 1,875.96 ~ Committees Dinner Pay from Publicity Fund 6. Russell & Axon 626-68t-08-6 Inv. #17 4,3~9.55 Full time resident engineering and inspection at Water Treatment Plant Pay from Utility General Fund 401-000-169-01-00 Authorization dated 5/8/74 7. Russell.& Axo.~ 626-681-08-3 Inv. #t5 5,341.39 Oonsnlt~ug services during construction for Water Facilities Expansion/Water Treatment Plant Pay from Utility General Fund 401-000-169-01-00 8. Momar, Inc. I,~4.95 Floc Float for Sewer Treatment Plant Pay from budgeted funds 401-533-550-03-65 9. Davis Meter & Supply 1,268.62 Odophos for Sewer Treatment Plant Pay from budgeted funds 40t-533-550-03-65 10. Intercount~ Construction Est. #16 320,396.~8 Water Treatment Plant Expansion Pay from Atlantic National Bank 1975N Series Contract dated 7/9/76 11. IsiahAndrews 88.00 Driver for Senior Citizens Club - 2 weeks Pay from budgeted funds 320-871-570-02-5A Ordinance #73-15, passed 5/15/73 12. Willie Ruth McGrad~v 76.80 Server for Senior ~itizens Club - 2 weeks Pay from budgeted funds 320-871-570-02-5A Ordinance #73-15, passed 5/15/73 Mr. Kohl stated that the bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department; funds are available in their respective budgets. He therefore recom- mends payment of these bills. Mrs. Jackson moved to pay the bills, seconded by Mr. Caldwell. No discussion. Motion carried 5-0. -5- MINUTES - REGUI~AR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1 978 PRESENTATIONS Acknowledgement and Appreciation of Service to Mayor, ¥ice Mayor and Councilmen Mr. Kohl referred to it being an ho~o~-c, fom-~m to make these presentations and preseRted a plaque a~d~ little gift from the taxpayers of Boynton Beach to the Councilmen, ~ice Mayor and Mayor individually. Farewell Remarks b~ Councilman Normam F. Strnad Councilman Strnad first wished everyone a very happy and pros- perous ~'ew Year. He then stated he hopes things get better in the future, much better than in the past. He has taken great pride in the job he was selected to do for the Cit~. He has no regrets for 'the actions he has taken and hopes in the future coming days that the things which were unfinished during this past administration can be completed to finality - the Regional Sewer Plant which has been a controversial issue and the Water Treatment Plant whic~ he hopes can be straightened out. He hopes the incoming Councilmen, who stated during their elec- tion campaign were in favor of lime treatment, will follow this through and he hopes they will move very soon to get our plant in the condition it is supposed to be which was mandated by the D.E.R. with lime treatment, which will be of benefit to the people in the City. He thank~ the people again who elected hi~ to serEe. Farewell Remarks b~ Ma~or Joseph F. Zack Mayor Zack read the following statement: "It is with great humility and gratitude~ I thank 4,000 plus voters for electing me to serve on the City Council for the past two years. I hope I have lived up to the expectations of those who voted for me. I believe that this Council has contributed a great deal to the welfare, safety, and health for the people of Boynton Beach. I think we also accomplished the theme of unity - un- selfishness, understanding, and respect for each other, altho we did not always see eye to eye on every subject, but we did vote according to what we thought was best for the citizens of Boynton. I want to thank the Department heads, and all other em- ployees of this City who have cooperated in making my tenure of office 'rather' a successful one. All the employees are an importan~in the operation of the City; they all con- tributed something of material nature. Also, thanks to the City Clerk and City Attorneyfor their cooperation and assis- tance, and to the unsung heroes of 14 various City boards -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON B~CH, FLORIDA JANUARY 3, 1 978 consisting of 102 volunteers for their contribution in striv- Lug to improve conditions within the City. I also w~-ut to say, Many thanks to the press for the good coverage of all our meetings. M~ny thanks to the City Manager, Frank Kohl, who is con- stantly trying to improve conditions here in Boynton. I will miss our be£ore 8:00 o'clock morning chats which were very informative and conducive to better government. He will do more than what is required of a City Manager, if he has the full cooperatio~ of the City Council. He is sure doing his best and more in carrying out his responsibilities. It has been a pleasure working with him. I also hope that the past two years I have contributed some ideas of value to this City. As I have stated at ~mrious times that I did not make a promise or a committment to any group or individuals before my election or during my tenure in of£ice. I did my home work and tried to do the things that best served the majority of the citizer~. There are a number of vital issues that this City will face in the £uture, but I have confidence that the oncoming and future Councils wil~ face them for the betterment of the City. To my fellow Councilmen, it has been a pleasure working with you and ! wish you and the two new Councilmen all the success in the world. To the people of Boynton Beach, again I say, thank you for the great honor you have bestowed on me." M~kyor Zack then decla~d~a recess. The meeting was called hack to order at 8:00 P. M. ADMINISTRATION OF OATHS OF OFFICE TO: Councilman David Roberts Vice Mayor Edward F. Harmening Mayor Emily M. Jackson Mrs. Padgett administered the oaths of office to the above. _~rEW BUS IB~ESS Remarks by Mayor Emily M. Jackson Mayor Jackson read the following statement: ~'HAPPY ~Y~ YEAR, BOY~ON BEACH! I would like to intro- duce some peOple that are very special to me. First - my daughter, Mrs. Allan Mallanik and my three grandchildren, Glenn, Bruce and Pam and their three friends; and their other gran~Rther, Mr. Rudy Mallanik. They are from Chester- field, M~ssouri; La~erne, Alabama and Norwalk, Connecthut. -7- MI~YUTES - REGUI~R CIT~ COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1 978 NOW, I would like to introduce my better hal$- my hus- band of almost 47 years, Walt. NOW - A NEW YEAR'S PREDICTION!! 1978 is going to be a good year for Boynton Beach. Keep co~ing to the Coancil meetings and see for yourself! You see before you here five Council members whose main purpose is to serve all the citizens of this City. with careful deliberation - spending your tax monies ~n a thoughtful way, aiming to give you the very best services at as l~ttle cost as possible. There will be no big capital improvements with- out a r~ferendum. We expect our employees to be happy and to serve you to the best of their ability, just as we Council members aim to do. Each of us is an independent thinker. We will openly discuss all items before us in a friendly ws~, each voting his or her own convictions. There will be no ,ru~oer-stamp' voting, or voting based on personalities. I certainly don't expect us to always agree, but when we disagree we will each respect the other person's viewpoint. Do you agree wi~h me{ feilow Council memoers. (Affirmative responses were g~ven.} One change I wish to make ~ud that is that there will be no 'Mayor's Office'. Instead, there will be a ~Council Office'. In other words, that office will he open for all members of the Council to use. I will he there most mor~-~-~gs from 9 to 11 and amy other time anyone wants to see me~ But it is also to be used by any other members of the Council, when they wish to do so. There will be a lock on the telephone and I will give the key to the City M~nager to prevent toll calls being made b~ anyone other than the five Council members. Any Councilman who wishes to use the phone may get the key from the City Manager, and if it is a toll call, there will be a log book in which you can enter the date, the number called and your name. This will help in certifying the toll charges when ~ Bell,s bill arrives. Two things I would like to mention - even though I'm sure it is not necessary to say this to these Council members - but it ne~er hurts to remind ourselves. One is that we must remember, everything pertaining to City business F~JST be put in central file, with copies to other Council members and the City R~nager, so that we are all kept informed. The other thing is that we must remember WE SET T~ POLICY, and the City Manager c~arries it out. Therefore, we will never interfere with the personnel or any other thing that rightfully is the City Manager's job. This will prevent trouble. -8- MINUTES - REGULAR CITY COUNCIL .MEETING BOYNTON BEACH , FLORIDA JA~JA~RY 3, 1 978 I have found that by talking daily with the City Manager, either in person or by phone, I am aware of any items that come up, and it makes the City Manager's work easier if he knows m~ viewpoint. Also it keeps me from goi~g off on a tangent. Again I want to reiterate to all the citizens of Boynton Beach, that we are here to serve you. This is YOUR City and we ~re ~OUR servants. Keep coming to the meetings and keep an eye on us~!" Remarks by Vice }~or Edward F. Harmenin$ Vice Mayor Narmening introduced his wife, Donna, and his youngest daughter, Patricia,and added that the restoof his family was away from home, one in college and the other mar- ried. He would like to t~_ke this opportunity to thank every~ one in Boynton Beach'who were g~a~ioms enough to vote for him. In all humility, he will try to serve the people and the City. Remarks by Councilman Rich~md D. Caldwell Councilman Ea~dwell referred to it being a new year and having a new Council with new challenges and new problems to overcome. He looks forward to working with each of the other members of this prestigous bod~. Onward and upward as far as the City is concerned. He thao_ks everyone who put him here last year. Please let the Council know their feelings on issues, so we can be responsive to everyone. Remarks by Councilman Joseph DeMarco Councilman DeFmrco announced that it has been a pleasure to serve for the past year on this Council. He has tried to live up to the ~latform he~presented at the time of his elec- tion~, such as the Water Treatment and Sewer Plants. He re- ferred to the remar~ made by Mr. Strnad about the Sewer Plant and stated that we do not e~pect to give anything away. To the outgoing ~%~yor and ~. Strnad, it has been a pleasure to work with them. He feels they have helped the interest of the City and praises both for serving on the City Council and working with the City Council for the benefit of Boynton Beach. In reference to his intent to run for the County Commission, he will be here for another ten or televen months. It has been a pleasure to work with the City and he is look- ing forward to working with the new Council. ~emarks by Gouncilman David Roberts Councilman Roberts introduced his wife, Dorothy, and thanked her for her help in the last campaign. He then read the following statement: -9- MINUTES - REGULAR CIT~ COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1 978 "I would like to thank those of you who have given me the opportunity to sit on this Council once agmin. It is a repeat of t972 only because it is my desire to serve ALL the people to the best of my ability as well as protecting my own welfare. Since none of us- ~sperfect, there may be a mistake ma~e now or then, but any error will be an honest I hake a great affection for Boynton and faith in its ~uture. Progress will he made either 'in spi~s of' or cause of' its City Council. Progress would be smoother and easier 'because of its Council' as opposed to 'in spit~f its ~ouncil', but its ~uture, in any case, is mo~t favorable, in my opinion. Before proceeding with the future, some housekeeping is in order no~, to out everyone in the proper perspective. Over the past several years, an unhealthy atmosphere has been created in or around City Hall. In several cases loyalties were divided and which must be corrected as soon as possible. Tonight, however, I wish to pledge my cooperation to the Mayor and the members of this Council and hope I can be of some value to the City and its residents during the next two years. Thank you." Mr. Roberts then stated that before proceeding with the nomina- tions, he understands some additions could be made to the agenda. In ~iew o£ the fact the South Central Regional Wastewater Treatment & Disposal Board is meeting on Thursday night, he was hoping he could ask some questions prior to the meeting. He would like to discuss this under XI!. OTHER, Item E. ~yor Jackson agreed and ascertained there were no further additions to ~he agenda° Appointments of City Officials City Manager Mr. DeMarco nominated ~. Frank Kohl for City Manager, by ~. Harmening. Nomination carrie& vote 5-0 City Attorney seconded of 1/17/ 7[ Mm. DeMarco nominated F~. Gene Moore for City Attorney, seconded by _Mr. Caldwell. ~omination carried. Vote 5-0. SeeM in. of 1/17/78 Mr. DeMarco requested Mr. Moore to say a few words. ~. Moore thanked the Council and stated it was his p%easure to be here and he looks forward to serving the City Council in the future. MIS~JTES - REGULAR CiTY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1978 Adopt Rules of Order and Designate Parliamentarian Mr. Caldwell moved to adopt Roberts Rules of Order Revised and designate the City Attorney as the Parliamentarian, seconded by Mrs. Harmening, Motion carried 5-0. Mayor Jackson explained how the procedure for calling the roll had been done last year. Mm. Roberts questioned the purpose and Mayor Jackson explained how the same person was not always called f. irst. She added that she would like to have her name included in the alphabetical order. Mr. Roberts stated that under Roberts Rules, the procedure is usually in alphabetical order, but he does not wish to op- pose. Mayor Jackson ascertained there were no objections to continuing with this procedure. Mr. Roberts referred to not having a particular time desig- nated for speakers under Public Audience and suggested it be li~ted as they do in other cities. The main business is the Council meeting and he suggests having a rein on the Public Audience period. If thereis a leng~hy issue which reGuires a great deal of discussion, if necessary, he thinks a special meeting should be called or it should be delayed until the end of tke agenda. He referred to some people speaking over a half hourunder Public Audience and suggests a reasonable time be siren of possibly three to five minutes with extra time given to a group at the end or at a special meeting. Mayor JaCkson asked if the other Councilmen were in agree- ment. Mm. DeMarco replied that he thought it should be tried. M~. Caldwell stated there would be flexibilities and MAyor Jackson agreed. Appointments to City Boards and Committees Mmyor Jackson referred %~the.~i9~ CounciL~ir~onr~ll3d~sA~s~ir~:theseappoint- ments last week, but advised that no decisions were made. She *SeeM in. then requested Mr. Marmening to present the names discussed, of l/17/7~ She added that the present members were contacted, but it was impossible to reac~ some, some refused and some did not give a definite answer. Board of Ad~ustmen% M~. Harmening nominated Lillian Bond, David Healy, ~ernon Thompson, Foy Ward, Carl Zimmerma~, Ben Adelman, Joe ~miorana, and as alternates: Charles Rodriguez and Bill Cwynar. ~. Caldwell seconded the nominations. ~. DeMs~co moved to accept this group of people for the Board of Adjustment, seconded by P~. Caldwell. No discussion. Motion carried 5-0. Mr. Roberts stated he was not against any appointments, but there have been some problems brought to his attention. The idea is there have been some problems with the Board of Ad- justment granting variances ~ud he thinks something should be -11- MII~JTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1978 done. He suggests possibly having the City Attorney discuss the Board's duties with the members. A variance should be granted because of a hardship and not something created by the people. He explained how granting variances interfered with the zoning code. He suggests possibly having Mr. Moore meet with the Board and Mr. Moore replied that he would be glad to meet with them at their organizational meeting. Mr. Roberts then referred to the law requiring seven members to sit on the Board at all times and Mr. Moore informed him that a majority constitutes a quorum, but there must be five Totes in favor to grant relief~ Mr. E-~e~clarified that ~ quorum would be four, but they could n6~g~ant affirmative relief. ~emeter~ Board Mr. Harmening nominated Basil Camilot, Bertha Chadwell,, L. Don Combs, Edgar Hurford, Donald Sloan and Tereesa Padgett. Mr. Caldwell seconded the nominations and the nominations carried 5-0. Buildin~ Board of Adjustments & Ap..~eals Mr. Roberts referred to contacting Mr. Robert Alan Black and Mr. Caldwell advised that he was able to reach him at his office. He referred to ~. Black living in Boynton Beach at least five years and having served on this Board for two years and it was unfortunate they were unable to contact him pre- viously, but when he reached him this morning, he definitely indicated he would like to serve on this Board. M~. Harmening nominated for the Building Board of Adjustments and Appeals: Richard Kurtz, Robert Olenik, Rick Rossi, Thomas Bowles, Robert Alan Black and for alternates: Joseph Longo and Ward Cummings. Mr. DeMar¢o seconded the nomina- tions and the nominations carried 5-0. Library Board Mr. Roberts referred to this Board doing a good job and added that everyone appointed is a registered voter. ~. Harmening nominated for the Library Board: Christine Edwards, Sandra Lautenschlager, Ruble N~ck, Nanie Weaver, F~artha Muschella, Estelle Schapp and Mildred White. Mr. Caldwell seconded the nominations. Under discussion, Mayor Jackson stated she received a letter after discussing these from a person offering to serve on the Bos~d. Mr. Harmening and Mr. Caldwell added that they had also received some letters from people volunteering to serve. Nominations car- ried 5~0. -12- MINUTES - REGUI~,~R CiT~ COUNCIL MEETING BOYNTON BEACH, FLORIDA JAR~UARY 3, 1 978 Planning & Zoning Board Mr. Harmening nominated for the Planning & Zoning Board: Ronald Arena, Marilyn Huckle, Richard Lambert, Simon Ryder, John Jameson, Walter Trauger and Garry Winter. ~. Caldwell seconded the nominations and the nominations carried 5-0. Recreation Board N~. Narmening nominated for the Recreation Board: Jan Centola, Bob Feldma~, Lee Grimes, Tom ~rvin, Walter Madsen, Dorian Trauger and Emily Sinclair. Mr. DeM~rco seconded the nomina- tions~ Under discussion, ~. C&~dwellasked if it was possi- ble to have two alternates or increase the number to nine. For alternates, he would like to nominate Judith Sisko and told about her being active in the BoyntonBeach Little League nd ha~lng l~ved here for years~ He also would like to nomi- Rate Tom Bof~ey, the owner of Gnlfstream Marina, and referred to boatlng bexnga key rec~eatmon ~n th~s area. Mayor Jackson asked if~there were any objections and Mr. Roberts questioned whether it wasppropero Mr. Moore ~tated he thought the ap- poiniments could be made at this t~me and he will check into it, Mayor Jackson called for a vote for the nominatiQns, for the Recreation Board and two alternates and the carried 5-0. Civil Service Board M~. Marmening nominated A1 Furia and Stanley Weaver as the Council appointed members and Kelley Kirton and Don McKone as the Council appointed alternates. ~. Caldwell seconded and the nominations carried 5-0. CommunitY~omo~io~Board N~. Roberts announced that he thought the public should be ~aware of the fact that we have quite a group who applied for different places on these Boards and we did the best we could toggive everyone a spot especially since one Board has been abolished. Mayor Jackson replied that the Commmnity Promotions Board has not actually been abolished, but it was discussed. She added that places have been found for sGne~o~thesepe~pl~c~ other Boards and it was her feeling in discussing it with ~SeeMin. o~ the people on the Board that their duties could be done by 1/17/75 ~d-Hoc Committees as each occasion arises. She requested the feelings of the other Councilmen. N~. Roberts replied that he brought it up, so nobody would feel left out. The names of those interested in serv. ing will be kept on file, so they can be appointed for people who drop out during the ~. DeMarco stated he felt the Communit~ Promotions Board served its purpose last year and possibl~ it should be held in abeyance with appointments not made. Mayor Jackson re- plied that i£ it was abolished, it is always our or Mr. FJohl's prerogative to take care of the parade, etc. in another w~y. -13- MINUTES - REGULAR CITY COUNCIL ~ETl~G BO~TON BEACH, FLORID~ JANUARY 3, 1 978 Mr. Roberts moved to abolish the Community Promotions Board, seconded by M~. DeMarco. Under discussion, M~o Caldwell stated he thinks this Board helped Mr. Kohl last year and think~ it was a useful Board and should be continued. Mr. DeMarco replied that most of the members did not care to serve this year and Mr. Caldwell referred to the number of registered voters in the City and stated he feels the Board was created and ser~ed well and there are many people in the City who would like to get invol~e~ and he thinks this is an excellent way for them to get involved. He hates to see peoples' ~ehicles limited for getti~ug involved in City affairs. Mr~ DeMarco stated it was the general consensus of the people on the Board~ that they did net want to serve again and had served their usefulness~ Mayor Jackson sug- gested that po~sibl~Mr~ Caldwell make a listoof names and give it to N~. Kohl for him to contact when there are dif- ferent things such as Rid Litter Day, etc. Mr. Harmening suggested instead of dissolving the Eoard, perhaps it could be reconsiituted. Instead of having an ongoing Board, perhaps when there is a project,and we need extra help, certain people could be appointed for the specific project. Mayor Jackson referred to only one or two members being able to attend all the meetings last year and how it was split int~ sub-committees. ~. Caldwell referred to the conversation ~hanging direction and asked if they now meant to hold the Board in abeyance and make appointments as the need arises and Mr~ Roberts clarified that his motion was to abolish the Board based on having trouble ~et~ng a group to ser~e and not doing a fulltime job on certain projects. It ~ould just as well be an Ad- Hoc Com~ttee. He suggests a~olishing it and if there is a need, it could be reconstituted. Mayor Jackson then called for a vote of all those in favor of abolishing the Community Promotions Board and the motion carried 5-0. Community Appearance Board Mr. Harmening nominated for the Community Appearance Board: Danny O'Brien, Kitty Deneen, Arnold Fasano, ~at Weinshel, Harold Blanchette, Nat Ostrow and Carn Reid, an~ as alter- nates: Jean Pipes and Harold Werger. Mr. Caldwell suggested Gene Johnson as a third alternate and Mr. Moore replied that he believed this Board was con- stituted by ordinance and the third alternate would have to be approved. M~. Harmening stated that he was going to nominate Gene Johnson for the Community Relations Board and he doesn,t believe there is a question on the number for that Board. Mr. Caldwell then withdrew his nomination of Gene Johnson for the Commmnity Appearance Board and seconded the ~ominations presented by F~. Harmening. Nominations carried 5-0. -14- MINU~TES - P~GUI~-R CIT~ COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1978 Community Relations Board Ym. Harmening nominated for the Community Relations Board: Blanche Girtman, Joseph Albury, John Grimes, John Miller, Arthur Berman, Joe-Di~iore, Sam Wright, Art Matthews, Bob Kaufman, Irving Kutlin and Gene Johnson. Mr. DeMarco seconded the nominations. Under discussion, Mr. Roberts asked if there was amy possibility of one being removed for the Hous- ing Authority and ~. DeMarco replied that when there is a vacancy, the change could be made then. Nominations carried 5-0. Employee Pension Board Mr. Ha~mening nominated Alfred Voehl and Mr. Roberts added tha% Mm. Voehl is a former insurance man and will ~uderstand about investments. M~. DeMarco seconded the nomination. Under discussion, Mm. Caldwell suggested keeping in mind in the future to try at all times to have people knowledgable in the area of pension, tax laws, etc., so their expertise will benefit the employees. Mayor Jackson stated that an insurance man was interested at one time, but was not ap- pointed because of possibly creating a conflict of interest; howe~er, this man is retired. M~. Roberts told about ¥~. ~oehl's experience with retirement plans, etc. Nomination carried 5-0. Firemen's Pension Board F~. Harmening nominated Larry Chandler, seconded by Mr. Caldwell. Nomination carried 5-0. Police Pension Board Mr. Harmening nominated Murray Schweitzer, seconded by ~. DeMarco. Nomination carried 5-0. Mr. Roberts referred to receiving a resume from another man and Mayor Jackson suggested that the letters received be put in central file and we will have backup people for any vacan- cies. LEGAL Resolutions P~oposed Resolution No. 78-A - Re: Authorized Bank Signatures for 1978 Mr. Moore read proposed Resolution No. 78-A and adwised that it designates the bank signatures for 1978. M~. Roberts asked if this was permanent or temporary and M~~. Moore informed him that it changes from year to ~ear because the signatures change. The bank requires a cmrrent resolution on file. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1978 ~. DeMarco moved the adoption of Resolution NO. ?8-A in its entirety, seconded by Mr. Harmening. No discussion. N~s. Padgett took a roll call vote on the motio~ as follows: Councilman Caldwell - Aye Councilman ReMarco - Aye Vice Mayor Harmening Aye Mayor Jackson ~ &ye Councilman Roberts - Aye Motion carried 5-0. OTHER Claims Bill for~ our Present Sewer Plant Mr. Moore referred to this action having been taken by the City Council at the November 23 meeting and explained how the pro- blem had been lingering since the creation of the sewer plant. The environmental agencies have indicated we would have to dis- continue the use of our existing sewer treatment pla$ and the engineers have given the indication that the out of pocket loss would be in the neighborhood of 4.4 million dollars. He ex- plained how the cities had made attempts with little success to get reimbursed. There has been one hearing before the Committee and there will be another meeting on January 17. Because of the technicalities involved in this matter and the specific nature Of the type of relief, the Cit~ attempted to retain a lobbyist in .Tallahassee and we have gotten Mx. Burton Michaels and he told about his success.H He has prepared a resolution to retain Mr. Michaels to have a claims bill passed to reimburse us to the .greatest extent possible. He then read proposed Resolution No. Er. ~aldwell moved the adoption of Resolution No. 78-B, seconded hy Er. Earmening. Under discussion, Mr. DeMarco referred to 2h&sheing agreed upon previously and Fmyor Jackson added that anything we are able to get will at least be salvaging some- thing, rms, Padgett then took a roll call vote on the motion as follows: Councilman DeN~rco - Aye Vice Mayor Harmening - Aye Mayor Jackson - Aye Councilman Roberts - Aye Councilman Caldwell - Aye Motion carried 5-0. Discussion of Regional SeWer Plant N~. Roberts stated there were a couple items he would like to ask about. M~. DeMarco stated in regards to the suit with Delray Beach, he feels in conjunction with the Interlscal Agreement MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1978 inasmuch as Mr, Ernest Simon was involved in the original agree- ment, he would like to see Mr. Simon hired to work with Mr. Moore on this as he feels it is an important issue for the City of Boynton Beach. We must preserwe our interest in the sewer plant. M~. Roberis questioned the sum and substance of the suit. It was his understanding the suit was merely to determine who is to run the plant. He referred to it possibly being resolved in Delray Beach's favor and having trouble in the past and stated this is a regior~al project and they previously had things re- solved b~ making a visit to E.P.A~ and it is too bad someone did not take this step this time. It seems the meetings are not attended half the time and Belray Beach is operating in a di££erent direction. He referred to a newspaper article with statements made hy the Delray Beach City Manager. ~. Caldwell i~formed him there were six points raised with re- gard to differences in the interpretation of the Interlocal Agreement which we felt needed clarification. Both Delray Beach and Boynton Beach at.a regular meeting of the Board more or less put into focus the more pressing points needing clari- fication such as who hires and fires plant employees, the plant manager, e~¢. The point is at this time, we have requested a declaratory decree to clarify these six points. Mr. Roberts stated that the suit did not include the six items, but only one item was picked out. Mr. Moore agreed this was correct and they had picked out Item 10 which states Delra~. Beach will oversee construction and operate the facility. How- e~er, the agreement in its entirety will be presented before the court with the premise that it is a regional facility. Mayor Jackson noted that M~. Canon wanted to speak and N~. Canon distributed copies of a letter referring to the topic under discussion. M~, Moore read the attached letter from M~. Federspiel to M~. Canon regarding a declaratory decree to be requested on six specific items. Mr. Roberts stated again that the six items were not included. Mayor ~ackson questioned if it would be a conflict of interest s~nce N~. Simon helped in drawing up the Interlocal Agreement and Mr. Moore replied that he did not see any since Mr. Feder- spiel represents the Board in seeking a fair and full interpre- tation of the issues. However, at the present ti~e, it does not appear they are proceeding to get these answers but to get approval for an isolated issue. To deny the contents of the complaint is not the proper approach. He seriously doubts they could get a vote of the Board to seek these answers~and he explained. Inasmuch as M~. Simon was the City Attorney before M~. Federspiel or he came on board and had part in the drafting of this agreement and the issues are before the court, -17.- MINUTES - REGU!~R CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA JANUARY 3, 1978 he feels he would be more confident in defending it if Mr. Simon could represent the City as a special counsel since he has this knowledge on this pm~ticul~r agreement. ~. Caldwell clarified that the City of Boynton Beach would be hiring Me. Simon as a special counsel a~ud asked if there would be a possi- ble conflict of interest between M~. Federspiel and Mr. Simon. M~. Moore replied negatively, but added that it would be up to the Boe~d to vote on whether to present all the issues. He sees no ethical conflict because the Board, Mr. Federspiel and Boynton Eeach are all trying to get answers to these issues. M~Lvor ~ackson stated that ~. Federspiel was working with the Board Whe~Mr. Simon was City Attorney. Mayor Jackson referred to the cost and Mr. Roberts replied that it was not a question of money, but of putting Delray Beach in their place~ M~. Caldwetl referred to the language not solving the issue and Mr. Roberts referred to language used previously. ~. DeMarco made a motion to retain Mr. Simon to help our City Attorney defen~ this in the interest of Boynton Beach, seconded hy N~. Harmeni~g. ~nder discussion, Ns. Canon informs d the Council that it had been indicated to him that Mr. Simon would not take this position, but wo~ld be a better witness for Boynton B~ach. ¥~. Moore reolied that Mr. Simon could turn it down, but he thinks his input ~ould be important. Mayor ~ackson asked if he would be a better Witness mmd M~. Moore replied that he would be better handling the entire matter and he does not know if he would be an appropriate witness. M~yor Jackson suggested trying as it needs to he resolved. ~. Moore then told Mr. Roberts about having made efforts to get the E.P.A. to intercede, but they have just simply said it is a local matter and they did not want to get invol~ed. Motion carried 5-0. Mayor Jackson re- quested Mr. Moore to get in touch with ~. Simon in the morning. Other Mayor Jackson referred to making a rule previously this past year that no other business should be added to the agenda at the last minute and stated this was still going to be the pro- cedure. ~. Roberts stated that if something was to be added, it should be done at the beginning of the meeting. Mr. Roberts then stated that the rules should carry over for a special meeting with only the items listed on the agenda to be discussed unless the Council approves 100%. In the past, spec- ial meetings were called in less than 24 hours and the last item was ~ust any other business. Mayor Jackson informed him this was dispensed with last year and there must be 24 hours notice for a special meeting and only the things listed on the agenda will be discussed or by a vo~ of the entire Council. Mayor Jackson asked if Mr. Kohl had any re~srks and M~. Kohl thanked the Council for appointing him and also thanked his friends and associates. ~yor Jackson announced that M~. Kohl was building a house and was going to become a resident of Boynton Beach. -18- MIS~TES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1978 ADJOURN~NT Mr. Harme~ing moved to adjourn, seconded by Mr. Roberts. Motion carried 5-0 and the meeting was properly adjourned at 9:20 P, M. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Councilman COuncilman Recording Secretary (Two Tapes ) -t9- ' t RUSSELL & AXON ? .~ECE¥"-'~o.$ ~' Established in 1920 .~,_~; ~L,~ Demeter 28, 1977 Mr. Frank Kohl, City Manager City of Boynton Beach Post office Box 310 Hoynton Beach, Florida 33435 Subject: Chan e Orders Water Treatment Plant Expansion Phase I-A and II - Intercounty Contract City of Boynton Beach, Florida Project No. 626-681-08-3 (6858-15-III} Dear Mr. Kohl: Enclosed are six copies each of Change Orders 2 and 3 for subject project which we are forwarding for approval with our recommendation. Change Order No. 2 consolidates required and requested changes, both additions and deletions, from the beginning of construction to the present, resulting i~ a net increase of $805.00 and a 90-day time extension° Change Order No. 3 is a revised request fo~ damages respiting from the partial "cease work" order issued to ~he Contractor on June 22, 1977o This was directed by the administrative staff following council action on June 21, 1977. This order was rescinded on July 6th. This revised request is in the amount of $2,846.48 and requests a 30-day time extension. The original request was for an amount substantially highe~ than this request. The total time extension request (120 days)r extending the completion date from January 4 to May 4r 1978, appears to be excessive for the work involved in these two change orders. However, as-you are aware, due to the requirements of the Health Department and Department of Environmental Regulation for certain monitoring equipment with a twelve we~k deliver~~ 167 N. E. 2ND AVENUE ~, POST OFFICE BOX 1837 ~ DELRAY BEACH. FLORIDA. 33444 * 305/271~26t5 Mr. Frank Kohl, City Manager City of Boynton Beach December 28, 1977 - Page Two schedule, the Contractor has only recently been able to order this equipment. This revised completion date appears to be · i realzst c and the Contractor has agreed, barring any un~ore-- seen circumstances, to request no further time extensio~above and beyond the 120 days. Your consideration will be appreciated and, if approved~ please return four properly executed copies to this office, retalnin~ two for your files. Very truiy yours~ RUSSELL & AXON~ INC. Joe Co Swan, P.E. Resident Engineer JCS/Ic Enclosures Mr. Cessna w/enc- MLH w/enc. Mr. Howell w/enc. Mr. Moore w/enc.