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Minutes 11-01-77MINUTES QF REGUL~R CITY COUNCIL MMMTING OF THE CITY OF BOYNTON BEAGH~ FLORIDA, ~LD L~ CITY HALL, TL~SDAY, N0~rE~ER 1 ~ 1977 PRESENT Joseph F. Zack, Mayor Emily M. Jaeksom, Vice Mayor Richard D. Oaldwell, Coumcilma~ Joseph DsMarco~ Commcilman NermamF. Strmad, Councilman FramkKohl, City Manager Tereesa Padgett, City Clerk Gene Moore, City Attorney Mayor Zack called the meetimg to order at 7:30 P. M. and re- quested everyone to rime at the soumd of the gavel for the Invocation given b~ Revi James Smith, Associate Paster, First Umited Methodist Church, followed by the Pledge of Allegiamce to the Flag led by Oo~ucilman Normam Strnad. AGENDA A PPRO~AL M~yor Zack requested that the addition of Item G - Ordinances be added mnder OLDBUSINESS. He requested Item F to be deleted mnder OLD BUSLVES$. He requested Items A and B to be tabled under ADNINI~TRATIVE. Mr. Caldwell moved to approve the amended agenda, seconded by M~. DeMarcoo N'o discussio~ Motio~ carried 5~0. ANNOUNCEMENTS Mayor Zack read a Proc~matien proclaiming the week of Novem~ her 7 ~ ~, 1977, ~ United States Marine Corps Week. Mayor Zack read a Proclamation proclaiming No~ember ~, 1977, as Veteran,s Day. ~yor Zack read a Proclamation proclaiming that a Primary amd a General Election for two Council Members will ~e held and the Primary Election will he on the 22nd day of November, ~977 and the General Election will ~e on the 6th day of December, ~977, and designated the polling plmceso City Nall will ~e closed on Friday, November 1~th in obsJr- vance of Veteran's Day~ Mayor Zack referred to the agenda and stated if there was ~uy item a~yone wished to speak on to please give their name to ~s. Padgett and the City Clerk will call om them at the appro~ priate time~ MINUTES Regular City Council Meetin~ - October ~8~ 1977 Mayor Eack cal_ea o~ the Council members and ~. De~rco and ~. Strnad replied they had nothing. Mr. Caldwell abstained. MINUTES - REGULAR CITY COUNCIL M~ETING BOYNTON BEACH, FLORIDA NOVE~ER 1 , 1977 Mrs. Jacksom referred to Page ~9~ second line, and requested the~ addition after the period of~ '~for her guidance next ye~r~" Mayor Zack referred to Page 9, 12th line,~from top, and stated that it should be April 21, !977, He referred to the next line and~req~uested the additio~ following, the DeLong papers of: ,an~ re±ease of infor.mation pertainm~g~ to one of our employees"~ He continued i~ thi~ same paragraph and cor- rected January, 1977, to June 19, 1977. ~ir~ DeMarco moved to approve the by Mrs. Jacks~m. No discussiom. Oaldwell ahstai~ingo minu~s as corrected, seconded Motiom carried 4-0 with ~. Co~mcm~ Meetin$ - O~tober 20, 1977 Special City '~ When called upon by Mayor Zack, ~ll the Council members re- plied they had ~othing. Mrs. Jackson moved ~he adoptiom ef the minutes as printed, seconded by ~. Caldwell. Under discussion, Mayor Zack re~ ferred to Page 4, item ~, and their agreement mot to incor- porate the last p~t ant Mr. Koh~ advised that copies had been sent with this excluded° ~s. Jackson stated that this was mentioned and it should be im ~he mimutes and M~o Caldwell clarified that the mimutes are cSr~ect as printed. Motiom carried 5-0o PUBLIO AUDIENCE ~. Gene Johnsom, 1416 No W. 7th Street, appeared before the Ooumcil and stated he would like to make some suggestions to the O~ty COumcil. He referred to attending most of the City Councml meetings and stated that on ma~y occasions business is brought before the Council and is passed~ turne~ down, or whatever and the peoole do not k$ow wh~t it is all about~ The people lose interest-and walk ou~ of tme meeting. He thinks a short explanatiom of the issme to the audience would be of some value~ M~ Johns~]men stated that he understands there is a ~y ordinance that no political sig~s be displayed in Boynton Beach~ He has beem told that in prior elections that signs, Bumper stickers, etco have been ~displ&yed. He would like to ask this Council if all the candmdates iu this coming elec- tion can display small signs. He would like to hear their comments pro and co~. Mr. Johnson then referred to Piomeer Park, the City park and boat ramp on the canal in Laurel Hills, and told about talk- ing to many people who were under the impression that tennis courts were going to be at this park. He understands the MINUTES - REGULAR CITY COUNCIL MEETING BOY~TON BEACH, FLORIDA NO~MBER I , 1977 City spent in excess of $37,000 at this park. The park is very nice, but there are many problems. The east Boat ramp at the end of the carnal has filled in and a heat ca~uot be launched° People fish from the ramps. He explained how there were no provisions for parking and the sprimklers and sod could be ruined. He does not thi~k this park was planmed properly. In- all probability, the use of the park will in- crease. There are no pmh!ic facilities for the people. Like others, he feels the City has come up short for $37~000 and did not g~et their mo~uies wor~J~ Also,. he understands there were te Be matching~ fnads a~d it should be better° N_rs. Jackson referred to the siEns and stated that in the past, there have bee~ bwmper stickers and signs and asked if the law meant we could ~ot have amythi~g like that and Mr. Kohl replie~ that the black book states all political signs~ are prohibited. He clarifi~e~d t~hat all signs are pro- hibited, bnt it does n~t state~ you csm~m~have car top or Bumper stickers. Ee added that if the C~cil wants to chm~e it, it is their prerogative. Mr. Caldwell commented that if this was the case, he knows a couple of Uouncil people wh~ violated the ~l~w~ ~. Johns~ requested that it ~e enforced for all candidates. Mr. DeM~a{~co replied that he saw ~othing wrong with sigms or bumper stickers & ~. Ca~tdwell agree~ as long as they are removed withi~ 24'kours after elec _ tion. Mrs. Jacksom stated that they caRmot change an ordi- nance and told about informing caadidates state-Wide and county-wide about this law.. Mr. Strma~ referred to the aew boat latching ramp and asked Mr. Kohl if the amount of money ~ir. Johnson referred to had been expended and Mr. Kohl informed him that a~preximately $34,000 had been spent and they are contemplating tennis courts. He explaimed how it was engineered to park on the grass the same as a~ other parks. He added that he would have the ~pri~Wler installation checked. Mir. Strnad sug- gested that parking be prohibited until the grass was well established and Mr. Eohl agreed this c~nlR easily be done° Mr. Johnso~ suggested possibly pntting in shell rock for the parking° Mr. Johnso~ the~ questioned their understanding on the signs and Mayor Zack reolied they were not allowed. Mr. DeMarco disagreed and referred to the possibility of outsiders coming in with bumper stickers and l~yor Zack replied bhat we must uphold our ordinances regardiug our candidates. 5~. DeMarco referred to a car being personal property and Mr. Johnson agreed they should be allowed on vehicles. Mr. Johnson plaimed how the working ma~ needed all the help he could get with having his campaign time limited. MINUTES - REGULAR CITY COUNCIL ME~MTING BOY~ON BF~ACH, FLORIDA NOVE~ER 1, 1977 M~. Strnad then asked when the tennis courts would be stalled at the boat ramp park and l~r. Kohl replied that he did mot have the answer tonight, but would let him k~ow withim the next day or two° Mr~ Lee T. Levitow, 2078 S.W. 14th Avenne, appeared before the Council a~Rd stated that his question was the matter of sewage rates as they are mow set up by ordinance in Boynton Beach, He referred to having a committee imLeisureville in correspondence with the City N~nager a~d stated in all fair- ness, there has been a lot of csnfusion in a few of the qmesm tions they have raised and he does not feel they are getting satisfactory answers. The last letter he wrote was written in August and the one question regarded ~he ~end&ssue and the City Manager advised that each resident was obligated for $3.70 per month for the next 20 years te pay off this parti- cnlar bond issue. It is not clear how much of this money will be spent sn the reprocessing plant and the balance of sewage operations. They feel much of this mo~ey was spent due to requirements from a state or gower~ment agency. If this is the case, it seems the City would have legal recourse to get an a~mulment of part of the bond issue which would rem duce the rate they are paying of $3~70. If it were mot be~ cause of the requirements from the state or gowe~mment, but was a moratorium on b~ilding, this moratorium was lifted and the extra expense was to satisfy the b~ilding contractors. He thinks~a further investigatiom should be made on the cost they arebbearing. They aL~e in agreement with the regional plant, but it will be an additional cost. He referre~ to Boynton Beach presently paying on the rate of fixtures and stated that they feel this is ineqmita~le. He explained how they felt the ~ixture rate was not a fair basis for figuring the use. He adde~ that the fixture survey being made was possibly a waste of the taxpayers, money. He then told aboat most $f the northern cities ~asing the~i~.~ charges on water usage. He stressed that they do not thm~k the fixture basis is an equitable situation for the taxpayers of Boyntom Beach. M~ayor Zack replie~ that the fixture count would be completed within the next couple weeks and ~. Kshl added that it would be completed tomorrow. ~ayor Eack cls~ified that it would take a couple weeks to compile the data and added that he w~s concerned about the~o~rice of $4.55 being released to the press. M~s. Jackson agreed that this figure was not definite and wms only memtie~ed by Mr. Canon at the hearing. M~. Levitow stated they were aware this figure would have no beaching on what they a~'e paying in Boynton B~ach and will be a supple~ mentary charge° Mr. Nathaniel McGrady appeared before the Council and asked if they were going to table Items A and B under Old Business and ~s. Jackson informed him that Items A and B under Admimi- strative were tabled. MINUTES - REGUL~q CITY COUNCIL MEETING BOYNTO~ BEACH~ FLORIDA NOVEMBER 1, ~ 977 Mm. Bill H~mphreys, 143 S. W. 24th Avenue, appeared befere the Council and referred to'attending the Plan~ing & Zoning Bee_rd meeting l~t ~esday and giving input on the ordinance concerning the parking of recreational vehicles. He advised that the peopleagree it is a good proposed ordinance, hut needs some minor changes$ howe~er, the Planning & Zsning Board is confused about which way to go and is looking for input kd direction from the City Go~acil. He told about ha~ing public discussion at the Plamning & Z~ning Board meeting and gi~iug suggestions to finalize the ordinance to be recommended to ~he City Council for definite action. He requests the City Co~u~cil to let the Planning & Zoning Board know they are to continue with their proposed ordi- nance and make modifications a~nd bring it back to the Coum- cil through the proper procedure. All the people in~el~ed accept the ordinance prepared with some minor modifications, but the Board members seem despondent with the remarks from the ~ouncil members to N~ave the old ordine~¢e om the hooks. The people do ~ot want to keep coming back for this issue and would like the proposed ordinance finalized. However, the Planning & Z~ing Board needs some definite directioa from the City Council. Me~or Zack replied that all the Council m~m?oers received copies of the minutes from the Planning & Zeming Hoard meeting and in regards to there Being some questions about the Council's awareness of the old and new ordin&uc~s, he personally ~oes ~ew what they contain and believes the o~her members do also, The purpose of the public hearing was to get inpmt for the Council and Planning & Zoning Board. He thinks the Board has the author- ity to proceed with the ordinance. N~. Humphreys referred to the impressions given B~ the Board memBerm and requested that they be given the official word to go ahead with it. M~yor Zack replied that the City Council did compare ether ordinances and did spend a lot of time on the ordin&nce. The proposed ordinance ca~ be finalized, but the complaints should be considered regarding tie-dewns~ side setbacks and paving. Mr. Humphreys referred to the Plan~ing & Zoning Boar~ stalling at the last meeting and Mr. BeMarco replied that'when the few items mentioned are straightened oEt, he thinks the Council will go along with it. He added that it was his understanding that the Board was working on this. M~. Caldwell then clarified the situation by making a motion to redirect the Planning & Zoning Board te take into consid- eration what was heard and said at ~he various public hearings and continue further with revising the proposed ordinance far the Council,s approval. Mr. DeMarco seconde~ the motion. F~s. Jackson amended the motiom to include to direct the Planning & Zoning Board to take particular notice to tie- downs, side setbacks, pavLug and fee. Mr. Caldwell ad,ed that the proposed ordinance could be revised at first read- ing and the Council had final control. He then accepted the amendment and ~@. DeMarco also accepted it. Motion carried MINUTES - REGULAR CITY COUNCIL M~TING NOVEF~ER 1, 1977 BOYNTON BEACH, FLORIDA BIDS Sale of Used Equipment - One Aspl~dhLift Ms. Kohl informed the Council that the Tabulating Committee recommends awarding this hid to Lucky Truck Sales, Iue~ of N~ami in the amount of ~5,177. This bid was received after the bid opening, but in lieu of the fact that the bid was mailed on October 21, 1977, and he has the postmark, but it arrived im our office on October 28, 1977, they feel it should be considered and accepted as the high hid. He concurs with this recommendation. A copy Of the tabulation sheet is on file. Alllegal requirements have beeu met. Msy he have Council's wishes on this matter. ~¢~s. Jackson requested that the date of the bid opeaing be noted for the record and ¥~. Kohl replied that it was Octo- ber 25, 1977. ~ms. Jackson moved to grant the bid to Lucky Truck Sales, Inc~ of Miami in the amount of $5,177, seconded by Mr. Caldwell. Under discussion, Mr. Kohl mentioned that it was eetimated we would receive $2,500 if this was turned in on trade and Mrs. Jack, on remarked that this was quite a differ~ once. She added for the audience's benefit ~hat this was something we are selling and we go by the high bid. Motion carried 5-0. ~nerry Hill Water System Improvement Pro~ect Mr. Kohl informed the City Council that bids on the above project were opened in the office of the Purchasing Agent on October 25, ~977, at 3:00 P.M. All legal requirements have been met. The Tabulation Committee recommend~ accept- anco of the low bid of $53,21~o50 (base bid) from Barile Excavating Company of Lake Park. Funds in the amount of $59,000, which was allocated to the City, ese reimbursable from the County~ This agreement was approved by the City Council at the ~ugust 9, 1977~ meeting and a copy of the letter received at that time was submitted. Also, the tab- ulation sheet is on file. He concurs with their recommenda- tion. ~- he have Council's wishes please. ¥~. Caldwe!! moved to grant the Job to Barile Excavating Com- pany in the amount of $53,2~1.50, seconded by ~ DeMarco. Under discussion, ¥~. Kohl mentioned that t~is is one of the projects we are working with the County on ~n the Commmnity Development Divisio~ getting jobs done in t~e target areas~ Motion carried 5-0. PUBLIC HEARING NONE MINUTES - REGULAR CIT~6OUNCiL MEETING ~OYNTON ~BEACH, FLORIDA N0VEM2iER l, 1977 LEGAL ?rdi~ances - 2m~ Readies NONE Ordinances - 1st Rea~i~ Proposed Ordinance Ne. ?7-32 - Re: To Provide for a~ Amended Estimate o~ Re~enme and Expenses for the Fiscal Tear Begi~ming O~tober 1, ~977aad Endi~ September 30, 1978 ¥~. Moore read proposed Ordinance Ne. 77-32 in its entirety on first reading. ~Lr. DeFmrco me,ed the adoption of Ordinance No. ?7-32, seconded by Mr. Cal~well. No discussion. M~s. Padgetttook a roll call vote o~ the motion as follows: Councilman DeMarco - Aye Vice Mayor Jackson - Aye Ceuncilmam Strnad - Aye ~ouncilman Caldwell - Aye Mayor Zack ~ Aye Motion carried 5-0. ~esol~tieas Proposed Resolntiom No. 77-III - Re: Theater of the Performing Arts at PatmBeach Sm~ior College ~. Moore read proposed Resolution No. 77-!It~ Ers. Jackson moved the adoption of Resolutie~ No~ 77-!II, seconded ~y M~. Caldwell. Under diseussion, Mayor Zack stated that we are concerned that if this building gets built, it should be ca the grounds of Palm Beach Junior College. Mr. De~arcc asked if it would be built at Palm Beach J%uaior College and Mayor Zack replied that this reso- lution was based o~ty on it Being built at Palm Beach Junior College. Mr. DeMarco stated that if it is ~uilt at the ~orth end, he is against it and Mayor Zack agreed and added that was the agreement of the COuRcil previously. Mrs. Padgett then took a roll call ~ote o~ the metier as follows: Vice ~-or Jackson - Aye Gouncilm~m Strnad -Aye Councilman Caldwell - Aye Councilman DeMarco - Aye ~?Jor Zack -Aye Motion carried 5-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NO~EMBER l, 1977 Proposed Resolutie~ No~ 77 - Re: Demolitiom of Certaim Structures in Conjunctiom with Community Development Program Proposed Resolution No. 77 - Re: Demolition cZ Structure iL the Rear of Tropical Acres Restaurant Mr. Moore referred to previously ~smbining these demolitions and e~plaimed that the Coumty declined to assist with the ¢lusiom of the struct~ure in'the rear of Tropical Acres Res~ taurant. He suggests re-enacting Resolutiom No. 77-EEE pre- ~iously passe~ with the deletiom of the Tropical Acres Res- ~aurant reference ~ased om the Coumty's declinatiom to pro- ceedo ~ms. Jackson moved to re-adopt Resolution No. 77-EEE with the ~eletion of the structmre at the rear of Tropical Acres Res- taurant, seconded by Mr. Caldwell. No discmssiomo Mrs. Padgett took a roll call ~ote on the motiomas follows: Councilman Strna~ - Aye Councilmam Caldwell - Aye Cou~cilmam DeMarco Aye ~ice Mayor Jackson - Aye M~yor Zaok - ~ye Motion carried 5-0. OLD BUSINESS Imvesti~atiom of Christmas Parade Expenditures (Tabled) Mrs. Jacksom moved to take this from the table, seconded by Mr. De~rcoo Motion carried 5-0. F~yor Zack ascertaiaed that all the Council members had the chance to look over the packet o~ file. He then requested comments from the Council members~ Mr. DeM~rco stated he could find no faults with it and feels it was handled all right° Mr. Strnad stated that according to the way the information is written im the packet, it seems to be in order. However, there are many questioms he would like answered, but he does not know if it is appropriate at this time to ask them. O~e is 'i~ reference to h~ing mumerous members of our City depart~ ments working on floats for ma~y weeks and if this is the case, are we overstaf~ed or is there not enough work in the City for the people to perform their jobs? He understands the constructiom of these floats went on for quite a few weeks. He also muderst~ude that certain materials were purchased by the City of Boyntom Beach which were in return paid for by private~0rgamizatioms and they did not have to pay amy taxes on the particular materials which were used because the in the last year MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NO~E~EER 1 , 1977 materials were bought by the City as a m,~nicipality which is tax free. He does not know if this is ethical or right° Mr. Catdwell stated that the only thing he has to say is he goI some flaek from some neighbors when they heard something was on the agenda about the Christmas Parade and they heard it was going to be cancelled because of the cost, which was a surprise to him. The people were concerned because they feel it is eno of the few things they can get their~kids in. The people in general mad the kids enjoy the parade° I~ looking at the packet, he sees nothing wrong with it. Mr. CaldweI1 then asked if they were going to allow Mr. Kohl to respond to the two questions Mr. Strnad asked a~nd Mrs. Jackson repliedthat she would like them answered, but would like to ask some questions herself. M~yor Zack added that he als~ has some qnestions about costs, but will make a pre- paredsstatement later° N~s. Jacksom read a flyer about the Boca Raton Christmas See Minutes o~ Parade and pointed out that it was spe~sored by the city 11-15-77 and they offered to help .wi%h~labor an~dos~ She bhen read a notice Miami Eerald about the-~Palm Beach C0umty Commissiem voting to send twirlers to take part in the parades in various cities. She always thought Scrooge was a fictional charac- See Minutes letterer 1]-15-77 ter and didm't know w$ had one here. She them read a . wrzSten from the ~Tllage Royale on the Green Men's Club thanking M~. Eohl for allowing them to enter a float in the p8~ade smd commemting that the cost for the preparation of their float was reasonable, etco She added that Mr. Nat Weinshel called her today advising that the ~illage Royale om the Green Men's Oluh voted mnanimously to participate im the parade again this year° She then read an editerial about the ~ade in the paper last year. She stated that in the first place im See Minute: reference to City equipment being used~ Mr. Eohl reported of 11-15-77 that he owns some of the/floats and orgamizations have paid/trailers the overtim~ for the employees~ There were clippings in the used for paper all the time last year and it is j~st unbelievable the things which were mentioned. She then read the mimutes from the January City Council meeting regarding the discussion of See Minut~ the parade and clarified that it was voted une~imously tc of 11-15-77 drop the whole things/ She then said that to spoil this one /after re- event we have in the City that brings ~nity in the City is a cemvmng shame and to put a cloud over it right ~efore the parade. It Mr. Kohl was bad enough last year right after the parade~ report. M~. Strnad stated that this was just another one of Mrs. Jackson's deviatimg tactics to go from the point he ~sked about in reference to tax free materials and whether it is legal and ethical for the City to buy materials from someone else. -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEmbER I , 1977 Mayor Zack stated that he does not think anyone questions the parade, But the amount of money spent and if more was spent than appropriated for the parade. Ee has talked to the City Manager about this several times. Im checking the file, some things were taken from Contingency, etc, a~d the total was $19,000 to $20,000. Ne thinks the City Manager should check this and defend himself. He thinks this should be verified. He has been the c~hairman of a n~mber of Christ- mas parades and doesn't think $6,800 should be spent for ~ands. Ee thinks they have all the bands they meed locally. Also, i~ the file 8~e some things sen~ out to the City N~ager for his work i~ his Saturday night music. At the previous meet- inK, the Vice N~yor i~immated he got his report from the central file, which he did not. His infermatiom was msm- tione~ to the City Manager last year i~ regards to the Ceme- tery Board. Mr. Cald~ell interrupte~ a~d stated they were talking about the Christmas Parade. Mayor Zack co~tinue~ with stating he is net against the Chrlstmms Parade, But they should stay within an appropriate ame~t as far as tax F~s. Jackson asked if he was referring to a certain unsigned and stated she asked for her copy. Ssmebo~y was writing a report and ~.any of the things are absolutely net true and it was proven last year. Meyer Zack replied that the report last year said what was spen~t where and he thinks the City Manager should defend himself. See Minute~ of 11-15-7' report Mr. Kohl replied that he would not defend himself, He will smswer the two,questioas. As far as buying materials for the parable, it is not illegal as long as it is for the City. This opinion has been given by attorneys, Ne was told by the City Cbuncil to pu~ on a parade and he put one on that sur- passed the Orange Bowl. Just give a yes or no whether you want the parade. M~vor Zack replied that he does not think at any tLme any member questioned the parade, hut just whether it was within the budget of ihs amoumt appropriated for the parade. Mm. Kohl replied that he thinks this is a very bad thing. The parade is a great thing which has hap- pened in Boynton Beach. He works very hard on it. He spends ma~y Saturdays, Sundays and nights and has $3,000 worth on trailers° Mayor Zack replied that he did mention this and if he leaves, these trailers will go with him and the City does appreciate having them. M~s. Jackson stated she would like to k~ow if we are going to let little Lake Park take the front seat and let us go in the back seat. She thinks we should be proud of the fact we have the largest parade in the State of Florida. She then told about being in ~. Kohl's office whena man called from up state requesting to bekin the parade. The parade is know~ all over the State. ~. Kohl has spent money and it was all in the promotion fund and all can be prove~. A report was written. MINUTED - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NO~F~MBER I, 1977 Mr. Caldwell moved to drop this subject once s~nd for all and give ~. Kohl some indication of the guidelines i~ which he should try to act as far as the fumding of the 1977 Christmas Parade. He added that Ms. Kohl has done a good job. Mayor Zack asked if he was saying to stay within the appropriated funds and Mr. Caldwell replied that he thimks a guideline should be given. ~e should ask for a feedback from Mr. Kohl and whether a guideline will be feasikl~. Mr. DeMarco them seconded the motion with the addition to give Mr. Kohl our ~ote of confidence a~ud help him as much as possible. Motiom tarred 3-2 wit~ Ns. Strnad and Mayor Zack dissenti~', Dis. cass Natha~ 'McGrady Report (Cou~cdlman' Norm~m F. Strmad) Mr. ttrnad referred to Mr. McGrady appearing before the Cou~ci! at the last meeting and Nss~ Jack~on interrupted and questioned whether it was legal to bring up something before the Civil Service Board and Mr. Moore replied that the Council has the prerogative to discuss an insue~ but the parts he has hee~d about seem to be a personal matter. Mrs. Jackson stated she thinks we are doing sOmethi~gwrong. Mr. Str~ad suggested letting the cards fall where they will. Mr. Strnad then stated that when Mr. McGrad2 came at the lsat meeting, he thought that was it and it was going to be handled administratively. However, shortly afterward, he was astounded to see a report in the Miami Herald which quoted two of our~ Council people with such statements wkich he believes are strictly out of line for him to make concerning Mr. McGrady's personnel file. M~. McGrady came and asked why he was not promoted and could not get a better job and the Council lis- tened, but did not take action because it wa~ not our preroga- tive, but an administrative matter to be hemdled by the City M~nager. However, F~s. Jackson specifie~ to the Miami Herald that she looked into Mr. McGrady's file and he had not paid his utility bills and this does not pertain to what McGrady asked us to consider. This was strictly personal b~asiness and not personnel. If ¥~. McGra~y performs his duties, that is all we should be interested in. If it is in his file, it should be there untouched. Ms~ Strnad then stated there was another quotation in the paper made by Mm. DeMarco which he did not want to bring to light because it is betweem Mr. DeM~rco and Mr. McGrady. He then asked ~s. DeM~rco if he looked at the persomne! file of Mr. McGrady and N~. DeMarco replied: no ~ud added that this was stated in the paper and he told the reporter to cheek the file and he did not make the statement in the paper and has told them if it is not retracted, he will sue. ~s. Strnad then asked if M~s. Jackson had looked at the per- sonnel file and M~s. Jackson replied affirmatively. Mr~ MI~T~S - REGULAR CITY COUNCIL ~TING BOYNTON BEACH, FLORIDA NOVEMB_W~M I, 1977 Strnad asked who gave her permission and to disclose the in- formation and Mrs. Jackson replied that all the Conncil mem- ber~ were told they could look at it and the reporter saw the file before she called her. Mr. Strnad clarified that MK. McGrady asked the Council to look at his file regarding his qualifications, but not to look at the file and disclose per- serial things and ~se Jackson replied that the reporter asked her if she had seen this or that and she j~st replied that she had. She then asked if the reporter was present to verify this and received no response. ~. Strnad asked if she was aware there is a resolution prohibiting the Ceumcil members from consmlting personnel files without approval by the City Council and Civil Service Boar~ and he read the resolution drafted in t972 by M~. Moore. Mrs. Jacksem replied that ~kis was different as we were asked by the employee to look at his fTle and she fingered everyone else was going to and she did. ~. Strnad replied that this was not different and the reso- lution applied. Mrs. Ja~ksom referred to this beimg e public record and Being brought ~e~ore the Council and Mr. Moore stated that he thinks Mr. McGrady invited everyone to look at his personal record. Mrs. Jackson clarified that when the reporter called her, she asked her definite questions and said she had looked at the file and she did not volmnteer anything to the reporter~ but ~ust answered questions. Mr~ Strnad then asked M~. McGrady if he intended for Mrs, Jackson to release this personal information from his file and Mr. McGrady replied that it was not the reason he asked the Council to leek at his file. The reason he invited the Council to look at his recor~ was to see khat he was over- looked for promotion and salary-wise. If he had known Jac~kson and Mr. DeMarco were going to make those statements, he would not have invited them to look at his records. He invited them to look at his record to compare it with other employees and to consider his salary and the years he has ~een with the City. He felt bad when he read the Miami Eerald with the statements made by Mrs. Jackson and Mr. DeMarco. He has ~een employed here for 20 years and has family and friends who read this paper and saw the state- ments about him in the paper. Mr. DsMarce informed him that he called the reporter and asked her to retract those state= ments as they were untrus~ He intends to sue if they are not retracted. Mr. McGrady stated that he wrote a letter to ~s. Jackson and M~. DeMs-~co requesting them to retract these statements, but received no reply° ~ms. Jackson clarified that she did not volunteer anything and just answered ques- tions. ¥~. DeMarco stated that he wants t~e Miami Herald to make the retraction. M~s. Jackson then read a~ ordinance regarding the duties and powers of the Chief Administrator of the City and stated that Mr. Kohl has followed this and we have no right to interfere. MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA NO%~E~ER 1, 1 977 ~. Strnad replied that this ordinance has nothing to do with this at all s_nd he questions how it was in the public interest to disclose this personal informatiom about this employee. Mayor Zack then told about the reporter coming to his office and he advised her to contact the City M~uager or Personnel Director about consulting M~. McGrady's file. He also sug- gested that she sign a letter stating she has permission to look at it and she took it from there. Mayor Zack also referred to ~he article also praising McGrady~s work and stated that he has beem here for many years and with a report like this, he ~st be some goo~. Ia his 17%h year, he was recommended for a merit raise, but was turned dow~ hy the City M~ager, ~e thinks some things should be straightened F~~. McGrady told about looking at hie personmel file las% Friday and 8~ked who put the clipping in it from the M~ami Herald? M~s. Jacksom stated she would also like to know, but she believes M~. Sullivan has taken it out. M~. Kohl clarified that Mr. McGrady called him about the article being in his file and he immediately called Personnel and told them to remove it. ~. McGrady stated he would like to know who put it in there and Mrs. Jackson stated she would like to know also. Mr. Caldwell referred to discussing this for about 15 minutes and stated he ~esses Mr. Strnad wanted to chastise someone for the article in the paper, which he has now dome, so he moves to continue to the next item. Discuss ~emetery Report. (Mayor Joseph F. Zack) Mayor Zack suggested leaving this stand until the City Man~er and City Attorney report. Mrs. Jackson replied that she wanted to discuss it as she has researched this and has talked to Fms. ~ertha Chadwell and would like to give a state- ment on this. She then read the following: ~Gomments from Mrs~ B~rtha Chadwell and Budget Information M~jor Nathan Boynton was the founder of Boynton Beach. In 1895 or 1896, a friend of Ma~or Boynton's, who was working on the hotel in Ocean Ridge, died. There was no cemetery~ so I~jor Boynton donated an acre of land for a city cemeter~. When ~s. Chadwell came here in 1907 and up until 1952, no on~ was assigned to upkeeping the cemetery, so the citi= zens themselves took care of it. In the me8nwhilo~ the City bought more land and it was platted for cemetery pla~ MINUTES - REGULAR CITY COUNC~L ~L~ETING BOYNTON BEACH, FLORIDA NO, ENtER 1, 1977 Im t952, when Dr. Purinton was ~yor, Mrs. Chadwell went befors the City Council and asked that the City be in charge of the grounds. The C~ity Council agreed that the cemetery should be a place of beauty ~d they passed a reso- lution, which we have not been able to find ye~% Back in 1951 to 1954 whatever, that the City would pay someone to care fbr the grounds. A revolting fund was set up with the theory that after the cemetery was £~ull, the money plus interest, would be available ~or the care. Even with the City taking ever the ground and having a revolving ~und, many people made donations° For instance, Paul Johnsom took in many loads of soil. Im 1959 when the City first had a budget, $1200 was bud- geted for wages to a Sexton for Boynton Beach Memorial Park and $1200 for him for Sara Sim~s Memorial Park. This wa~ from the ~general fund. This item appears im the budget until the 1963-19~4 budget when the amount from the general fund was $1400 for Boynton Beach Memorial Park and $1200 for the Sara Simms Park~ I~ the 1965-1966 Budget, $3700 was budgeted from general fund for the Boynton Beach Memorial Park, and $2050 for Sara Simms Memorial Gardens from the general fund. Om September 28, 1966, City Manager F. To Kain wrote in the summary of the Budget, which proves and shows me it was a work~hop meeting I attended: 'I~ the Public ~orks~section of the Budget, two new divisions are established. The Grounds M~intenance Division is made up of activities previously carried under Streets, Sanitation~ Parks ~ud Playgrounds and the Cemetery Division° The Parks and Playground and Cemeteries are dropped as individmal divisions. Organization and levels of service are maintained in all other divisions and ~unds. However, the costs of goods and services continue to equal and in some cases exceed ~he resources for these costs. It is h~ped that organizational changes as outlined will aid in con- trolling these costs,. were ~his In the budget for that year (1966-1967) both cemeteries put in Parks amd Playgrounds and remaimed there ~til dateP Mayor Zack replied that he does not know why this was men- tione~ as these were not official records. He has contacted the City Clerk. He isoc~ncerned from 1966 and not prier to that. If we don't want to follow the ordinance, then it should just be repealed or amended° He thinks Mr. DeN~rco MINUTES - REG~AR CITT COUNCIL MEETING BOYNTON BEACH, FLORIDA NOYEMBER 1 , 1977 mentioned that it has been violated for ten years and he thinks the City Council should take action. ~. DeMe~co agreed we should take action and correct it. ~eyor Back suggested leaving it to the Cit~ Manager amd C±ty Attorne~ to come mp with something. Mrs, Jackso~ stated she j~st wanted to clarify that she had found backup. .~iscuss ~_~h~es CCouncilman Norman F. Strnad) ~. Strmad stated he would like to see this particular item settled before he leaves office. This has bes~ going om ~or quits some time and he has not seen a~ything or heard a~y- thing that has taken care of this problem. This is related to the manholes placed impreperly on S. ~. 18th Street. He ~ ~ot concerned as to how this is taken care of, bmr his main concern is that the City in the future does not have to stand the responsibility for the engineer's mistake which is all en record in o~r engineering department. He w~uts to find out now how we can get the ~ity relieved from any future responsibility from something which may ~appe~ to these man- holes in the fut~re. He then asked Me. Kohl if he had re- ceived any mor~ information em this~ Mr. Kohl stated that he received a letter this morr~ and he gave the Council members a copy. He has had meetings with Mr. Cicco~& and Mr. R~ssi and at the last meeting, they talked about installing clsan-outs in the area. He has tried to get the people to do what was necessary. ~. Strnad replied that we still have not gotten what we wanted. He wants the City relieved of responsibility for the engineer's mistake. This can come up in five or ten years and it will come back e~ the ~ity~ Possibly there should be a bond posted by the engineers or lstter~ from the property owners saying they are satisfis~ with the location of the manholes and they will mot hold the City responsible. Mayor Zack referred to the engineer's letter stating they did not feel the installation of clean-outs would accomplish any- thing~ ~t alee refers to there being no complaints; however~ this was brought to the Council's attention over a year ago and he agrees with M~. £trnad that there may bs ~ome expense in the future. He suggests possibly having the people sigm some sort of waiver. This is the engineer's responsibility who put in the manholes~ Mr. Moore stated that he thinks the intent of ~e letter is that whate~er was done was done with the consent of the City and M~. Kohl replied that it states no City engineers approved the plans. Mr. DeMarco clarified that this means the City is not responsible. Mr~ Moore then asked who was going to make the corrections and when and ~ Kohl replied that the engi- neers would have to make them. He explained how a lot of money would be involved to move th~ sewer lines, but the clean-outs would not mean that muc~; however, the people ma~ not want their lawns torn up. MINUTES - REGULAR CITY CO~¢IL MEETING BOYNTON BEACH, FLORIDA NO~'E~ER I, 1977 Mr. Strnad stated that it was the engineer's mistake because they changed the site plan .and it is their fault. M~. Kohl added that these sewer lines have not been accepted by the City, ~w~. Strnad stated that he does Mot want the City to be responsible for them° Mr. William Meisinger, 139t S. W. 17th Avenue, appeared before the Council and stated that the sewer in question has Been in operatio~ for over one year and there have been no complaints. There has been no malfunction. The original installatio~ was 'approved by the Engineering Department of the. City of Boynton Eeach. When the developer changed the plans to put in homes in this area, there was no question brought mp about this. There was ~o question about using that sewer line for the homes° There are only seven houses involved and they have no complaints. He understands their consideration is for future problems and there can hme problems on any sewer lines. Ne is sure any problems i~ that particuls~ line would be taken care of ~ the developer. Mr. Strnad replied that the deve- loper would be gone. M~. Meisinger continued that any ch~ge in that line would inconvenience not only the se~en homes ser-¢ed, hut the people in the whole area. Mr. Strnad stated that he wanted the City relieved of responsibility for this error and this could be done By a wai~er from the developer or property owners. Mr. Meisingsr replied that he was sure this could be obtaine~. Mr. ~aldwell then asked M~. Moore who is responsible for these sewer lines at this present time inasmmch as the City has not acc~epted them and M~. Moore replied~that the City is not re- sponsible until accepted. Mm. Moore then questioned the defect and Mr. Strnad replied that if he had read the item, he would~have seen that the man- holes were placed in the wrong position for the people living there. Mr. Moore remarked that they seemed to be working okay. M~. Caldweli clarified that in the event the City does not accept these~ the City cannot be heldlliah!e and Mm. Moore agreed, but stated that the question is the operational part of the system. Once they are accepted, the City has approved them. However, there is supposed to be a bond mntil accepted. ¥~. Caldwell referred to Mr. Strnad's question of liability and stated until the City accepts these lines, the City is not liable for anythir~. Mr. DeMarco questioned the liability they were referring to and Mr. Strnad clarified that his con- cern is that the sewers should bs~in the street ~ud not a few feet from living room windows. The whole front yard will have to be ripped up for any ~ork to be done. If the sewer was put in where it was supposed to he, this would not have happened. His suggestion is the people sign a waiver releas- ing City from any future malfunction in the sewer line. -16- MI~TES - REG%~LAR CITY COU-NCIL M~,MTING BOY'ON BEACH, FLORIDA NOVEMBER 1 , 1 97? M~. Caldwell referred to the possibility of the homes being ressld and M~ Strnad suEgested that the statement appear om the warramty deed. Mr. Caldwell clarified that he was re- questing a restriction en the deeds and Mr. ~trnad replied ne restrictio~ en the deed, but jmst when a new pmrehaser bmys in this particular area, the sewer is not going to be the re- sponsibility of the City to repair° Mr~ Galdwell referred to the possihility of an owner disagreeing. Mrs Joseph Longo appeared before the Council and stated that these manholes are on au easement and there are other utili- ties~ Mayor Zack clarifie~ that wherever the m~sles are mow was part aro~d Rema Lake and the apartments were disre- garded and the sewer plan was not revised. The error stands and the manholes are 16 to ~7 ft. from the sidewalk~ ~. Longs suggested just lower~them and stated that they are good enough for the six ho~es. Mrs Str~ad explained that they must consider the possibility of having to make repairs and the £rsnt yards would have to be torn up and the City should ~ot be responsible. ~. Lo~go referred again to this being an easement and explained how the people were aware that eassments could be t~rn up for rep~airso The Leisureville organization will take thi~ over and they want it corrected. The manholes are only clean-outs. It is only a 6" line with six houses~ There are no problems~ He went house to house and talked to the people and they are happy and there are no complaints. Mr. Strnad clarified that he was not talking abomt complaints, but about relieving the ~ity Erom any responsibility~ ~ DeMarco moved to secure the waivers and continue with the meeting, seconded By Mrs° Jackson. Under discussion, Mr. Etrnad commented that if this is done, then the City Engineering Department will approve them. Motion carried Consider Appointment of One Member to Community Relations Board (Tabled) Fms~ Jac~kso~ moved to take this from the table, seconded by 5~. DeMarcoo Motion carried 5-0. 5~s~ Jackson moved to appoint Mr. Joe DiFiore since he sent in a resume, seconded by M~. Caldwell. Under discussion, Mayor Zack referred to Mr. DiFiore requesting to serve on the Civil Service Board and stated they now have a vacd~cy on the Civil Service Board. M~s~ Jackson replied that she has another name to submit for the Civil Service Board who has had. experience. ~ DiFiore appeared before the Council and stated he would prefer to serve on the Civil Service Board. M~s. Jackson moved to Dut this back on the table, seconded by Mr. DeMarco. Motion carried 5-0° ~17m MINUTES ~ REGUI~R CITY COUNCIL M~ETL~G BOY~0N BEACH, FLORIDA NOVEMBER 1 , 1977 Ordinances Maycr Zack referred to approwing people to Work on the Black Book at the last mseting and stated that after discussing this with the City Clerk, they feel this work could be e~xpedited if the department heads would work on the parts they work with and submit reports to the City Clerk to be turned over to the City Attorney. Mr. DsMarco moved to iollow this recommendation, seconded hy Mrs. Jackson~ Motion carried 5-0. NEW BUSINESS ~onsider Selection of Poll Workers (Councilman Norman F. Strnad) M~. 8trnad referred to a new po~l workers list being submitted and stated he was very pleased with it. There is only one thing he would l~e to comment on. Everything is fins, but he does ~ot think it is proper or right to have two persons from one family serving on the po~ls when there are so many other people wishing to serve. He thinks it should be spread around to give everyone a chance. In ~act, a couple of people who work for ths County are i_ucluded on the list and they will get paid from the County and to work on the polls. Mrs. Jackson agreed. ~s. Jackson then moved to nominate N~. DeM~rco to work with Mrs. Padgett and added that there are many from some precincts and none from others. Mr~ Caldwell seconded the motion. Under discussion, Mayor Zack pointed out that there were several families working in the various precincts~ He thinks there should be one person from one fa~ly. Possibly the Cit~ Clerk did not have enough names to work with. He also ques- tions whether the people knew they had to call or sign in. I~so Jackson added that many of these people worksd mp until last year~ but she agrees one perso~ per family should be all. There are more than enough names. She suggested having Mr. DeMarco work with M~s. Padgett on this to m~e sure anyone who cannot attend the school should not work on the polls. There is a new voting method and it is necessary for the workers to attend the trai~ing class. That is why she nomi- nated Mr. De~h~rco to work with Mrs. Padgett to go over this. Mayor Zack replied that he personally did not feel another person was necessary as ~s. Padgett has done it in the past ~nd he thinks she does a gOOd job. With Mrs° Padgett doing it on her own, there will be no politics involved. He agrees the workers must attend school. M~. DeM~?~wco clarified that attending school is mandatory and added that he would go along with ~k~s. Padgett running it. M~s. Jackson then with- drew her motion. Mayor Zack referred to Precinct 155 not having anyone signed up and five workers being needed and referred to Precinct 161 only having one worker and two being needed. M~s. Padgett told about ~ additional p~ople calling today requesting to be considered. Mayor Zack replied that it would be left up to her~ MI~UTE$ - REGUIZ~_R CITY CO~CIL MEETING' BOYNTON BEACH, FLORIDA 977 Eeautification 0f N. E. 26th Ave. (Vice Mayor Emily Jackson) Mrs. Jackson referred to receiving a call from ¥illage Royale em the Green in reference to this and stated she thinks some- one is present who wants to speak from there. Mr. Rubin Lefkowitz, 2615 N. E. 3rd Court~ appeared before the Council and stated he would like to talk about the beau- tificatio~ of N. E. 26th Avenue and 2~d Court between 25th and 26th Avenues. H~ referred to these being main streets in the area and two sore spots affecting the residents of Village Royale on the Green. He then stated that before presenting his case for beautification of these two particu- lar spots, he would like the City Council to be aware of the people who live directly in that area and what the situation is. He called on Mm. Harold Weinberg to tell how it affects the residents on 26th AVenue Mr. Harold Weinberg,President of Building 10, 300 N. E. 26th Avenue, appeared before the Council and thanked them for put- ting this on the agenda and hearing the tale of woe on behalf of all~ the u~it owners in the Building. The property on the north side of 26th Awe~ue is a vacant lot and resembles desert in many areas. He told about the residents spending thousands of dollars to beautify the south side of 26th Ave. and request the City at this time to approve the planting of trees o~ the north side of 26th Avenue. He explained how the trees would beautify the area and keep the lose ssmd from blowing onto their property. Mms. Jackson asked if he was asking the City to buy the trees and M~. Weinberg replied affirmatively. Mm. Lefkowitz the~ stated he would like the Council to get the picture of what is happening on 2nd Court ~ud called on Mr. Sid Korn. Mm. Sid Kern, 2515 E. E. 2nd Court, appeared before the Council and explained how this area we~ part of the entrance to Village Royale on the Green. On the south side of their building, it is a great desert. They also rs- questusome trees to be planted to hold the sand in place and beautify the area. Mme. Jackson asked if this was on City easements and ~. Eom replied that it was City property. Mr. Lefkowitz then continued that the question that will be asked by the governing body i~u relation to the demands or requests made by the residents is who is to do this job and how much will it cost? He is going to answer the question in several ways. There is no question about who is respon- sible for that part of City property in terms of beautifying the highway - it is the City municipality. ~ho is going to pay for it - it will be paid for by the taxpayers. There are 880 units at ¥illag~ Royale. Every one of those units pays taxes. They pay taxes for services to be rendered and one of t~e~ services ~s ~ beautification of the City. in NINUTES - REGULAR CITY COUNCIL MEET~JG BOYNTON BEACN, FLORIDA NOVEmbER l, 1977 addition in term of that service, the residents of Village Royale do not have school children, but they pay school taxes for which they get an absolmte low return. 'There are addi- tlonal facts in the history of Village Royale a~d u~fortm- nately when every one of those residents bought they were led to believe, which was not the City's fault, and show~ plans of beautiful st~eets,.trees and shrubbery, but the developer reneged and the 74 buildings have spent ~ousands of dollars to beautify the area they are responsible f~or~ The people of ~illage Royale are residents an~ they have contributed to the ~owing economy of Boynton Beach by virtue of the amount o~ one~ they are spending dally, monthly~ yearly mn terms of meetmmg partic~ needs. These 880 f~=~lies have improved the economy of Boynto~ Beach. In ret~r~, they are asking the City to accept its responsibility by supplying some trees. These 880 families have brought into the community a new life. They have participated in every aspect of community life. They have supplied volunteers to hospitals an~ ~ursing homes. They have supplied some of their beet people to the municipality to m~_u the committees° They wil! continue to supply and deve~ lop the high tome of cultural living in the Boynton area~ They are proud of themselves as people and the City in which they live. These 880 residents have also added to the religious communit~o They have established their own congregatio~ and have carried on inter-faith amd~inter-religi~us activities in the Eoynton area° He can spend the ne~t two ho~rs trying to prove to the Council conclusiviely and without any question that these people, including him, have contributed a great deal to the Boynton area and ~ill continue to de so whether the trees ar~ given or not. They are not asking for favors, but are only saying to the City Council members that they have a responsibility. They have b~en failed before on mamy other items, hut would like to rectii~y things and start somewhere. When they have company from o~t of tow~, they have to drive aro~uud the other way so the people won't see this area and say what a dive Boynton Beach iSo In conclusion, for their tax dollars, in return for their commmmity endeavor~ in re~ turn for all these things, all they are asking for is a few trees on 26th Avenue e~d 2nd Court. Mayor Zack suggested since this is City property, the City Manager should work with the Community Appearance Boar~ on plans for this e~ea and report back to the Council. ¥~s. Jackson asked if it was possible for the City to get some ~rees and ~. Kohl replied that they would have to be at least 6 ft. Ball. M~s. Jackson stated that the Communit~ Appearance Board must be given some guidelines and ML~yor Zack replied that he personally feels the Community Appear- rance Board is better informed what would go there than the City Council. He thinks the C.A.B. should make a recommended pla~u for the City Council. -20- MINUTES - REGULAR CITY COUNCIL P~ETL~G BOYNTON BEACH, FLORIDA N0~EMBER 1 , ~ 977 Mr. Strnad referred to there being a sand problem in this area and stated that trees will not do that much good and there should be sod and possibly some screening with Hibis- cus or Oleander to alleviate the sand problem together with some trees. Mr. Lefkowitz stated he would~be terribly frustrated and dis- turbed if he walked out o£ this room and the matter was goimg to be referred to the Community Appearance Board. If the Communit~Appearance Board By this time has not seen fit to c~rrect a problem of this ~ature, this is Just passing the Bnck~ He says to forget about the techmicalities of hauling away samd and the size cE the trees. What he and the people of Village Royale would like to see is a~ expression o~ the part of the ~ou~cil that they accept the problem of planting trees an~ will refer it to the ~roper committee or City N~a- ger for implementation. Mayor Eack replied that the Council was not passimg the buck. He explained how the proper proce- dure would be for the Commmnity Appearance Board to recommend the proper trees, etc~ ~rs. Jackson disagreed and stated that the Co~unity Appearance Board is fine, but we must know how much money they have to Work wit~. Mr. Kohl informed them there was money i~ the budget now. He received a~ti-reces- si~n funds and wa~ hoping to do some of the area along the railroad, but does ha~e mo~ey to do what these people ask subject to ~pproval ~y the~City Council. Mrs. Jackson stated that she thinks the Parks Department knows as much about this as anyone in the Citgo We are i~terested in alleviatin~ the problem. She is sure the Park~ Department knows where they can get trees at a reasonable price without the Comm~i~y Appearance Board and could work with the City N~nager~ Mrs° Jackson moved to have this worked out with the Parks Department and ~, Kohl. Mr. DeMarco seconded the motion and added if Mro Kohl would get in ~ouch with him, he know~ where some tress are available. No discussion, Motion car- ried 5~0o Consider Request from Greater Boynton Beach Chamber off Commerce ~. Kohl referred to submitting correspondence from Kathy Haughn, President of the Greater Boynton Beach Chamber of Commerce requesting the City's consideration of the Chamber's proposal regarding the Bicentennial Park° He also advised that he requested the City Attorney to check out all legali= ties rsga_~ding this request so that we m~y receive his input on the matter at this meeting. He then read the attached letter dated October 14, ~977, from the Chamber of Commerce. ~@. Moore stated tha~t he thinks the City would have the auth- ority to enter such an arrangement as there would not he a~y reasonable use fbr the property in the foreseeable f~ture. MINUTES - REGUI~&R CITY COb~CIL MEETING BOYNTON BEACH, FLORIDA NOVE~ER I , 1 977 Mayor Zack referred to three lots being used for municipal purposes and stated this could be parking° Mss° Jackson asked Mr. Moore if he checked into the deed about the three lots and N~ Moors replied affirmatively and it is on filso Mrs~ Jackson referred to the possibility of the Chamber of Commerce wanting a lien on the property and Ms. Moore replied that he didn't think they could. Nss. Jackson asked if they have the money and ~ Moore replied that they could not get ~ normal construction loan. M~s. Jackson clarified that the property could not be lease~ to them with them gettimg a loan. Ms o Kath~ Haughn appeared hefor~ the Council and ~tatsd she was present to find out how receptive the City Council is to thi~ deal~ They basically want to find out if the City wants them to go into investigation of all the details. ~ey ese interestsd in locating in that area. They think it would be an asset in that area with representing the City, citizens, and husineaseso They are not ready to go into the details a~d it would have to b~ negotiated betwesn the two parties. ~yor Zack stated that he thinks it is a wonderful idea~ He referred to seldom see~g anyone at this park ~ud suggests if the City does go through with ~his that the Bicentennial Park Be relocated to a placs where there is 35 to ~0 acres. He thinks it would be nice to rededicate a new a_wea. Ms. Eaugh~ continued that it is very di~'ficult to visualize because it looks small, but the eight lots are there and they feel they could build ~u adequate facility e~d still maintain most of the green area. M~ Caldwell replied that he thinks this should be encouraged and we should help in whatever way we cmn° We are all working towards the smme goal~ 90% of the time, the park is vacant¢ Mrs. Jackson clarified that the reason money was mentioned was ~ecause the City Attorney said we cannot lease property if they put a lien on it and ~. Haugh~ replisd that they were not here to ask the City to lease the property %~ them, but are just asking the Council to sit dow~ and see if it is pessible~ N~. DeMarco moved to go on record as being in agreement with ths Chamber to work out whatever is possible~ seconded by Mr. Caldwell. Under discussion, Mayor Zack requested that the City Attorney be included° Motio~ carried 5-0~ Receipt of Nominatin~ Petition Mrs. Padgett anno~aced that as of 5:00 P. M. today, she had received the following applications or petitions: William ~nar~ Joe ~elong, Edward F. Harmening, Eugene Johnson, Ronald J0hns!on~ and David Roberts. ~22~ MI~UTES - REGULAR CITT COUNCIL ~ETiNG EOYNTON BEACH, FLORIDA NOVEMBER ! , 1977 N~se Jackson moved to accept the petitions of the City Clerk, seconded by N~ro DeMarco. No discussion. Motion carried Receipt of Correspondence from Kirchner, Moore & Company - Re: Advance Refunding Process Mr. Kohl referred to the letter dated October 17, 1977, from Kirchner, Moore and Company and read the following paragraph o~ the second page: "At this point in time we would wish to be appointed to commence the initial financial evaluation of the advance re- lauding process and the e~aluation of your present bond covenants and system needs. The results of these evaluations will be the written and ~erbal presentation mentioned above. This service will be provided at no cost to the City. If the City does net agree with oar recommendations and evaluations, then oar relationship may Be severed immediately. Of course, if the advance refunding process i~ pursued to ~rmition, there will Be fees and expenses involved, many of which will be expenses of the City But which may be paid out of the pro- ceeds of the advance refunding Bond issue." He added that today he received a booklet from Kirchner, Moore & Company referring to their work all over- the United States including Florida and he read ~arious cities from Florida. Mayor Zack added that the gentleman came to see him and he sent him to the Finance Department. There is no cost to the City or obligation~and he thinks-it should be pursued. N~. Kohl added that they will made a Study. M~s. Jacksom moved to accept the offer of Eirchner, Moore & Company, seconded by Mr. Caldwell. No discussion. Motion carried 5-0. ADMIN IS TRATI~E Letter from McDonald's Mr. Kohl read a letter from McDonald's offering to give the City a 6 ft. modulating type split grill which cost $6,000 for ~y City ~se. He would like the Council tc send a letter of thanks to McDonald's. M~s. Jackson moved to send this letter as requested, seconded by Mr. DeMarco. No discussion° Motion carried 5~0. Donatio~ from the Cast-off Square Dance GrouR N~. Kohl announced that the Cast-off Square Dance Group has given a $500 donation to the recreation department and he would like a letter of thanks to he ssnt to them, Mr. Caldwell moved to sen~ this letter as requested, seconded by M~. DeMarce. No discussion. Motion carried 5-0. MINUTES - REGULAR CITY COUNCIL MEETING NO~EMBER 1, BOYNTON BEACH, FLORIDA Correspondence from ¥illa~e Royale Greentree Association Mr. Kohl read a letter from the Village Royals Greentree Association regarding a violation issued by the Beyntom Beach Fire Department for lack of emergency lighting and stating that id is their contentiom that the developer should be held responsible for this emergency lighting. 97? Mayor Zack asked if the City was responsible for something like this and Mro Strnad replied that he thinks the Oity is responsible. The City should ~ot pay ont money it is not supposed to, but the City was lax in its inspection. It was signed over with m certificate of occup~mcy issued, so how can they go back to the developer? Mr~ DeN~rco questioned how the c/o was issued and Mr. Strnad replied that it was ~u oversight on the inspector's psat. N~. Moore stated he did not feel a case of this nature the law would s~pport the responsibility lying on the part of the City even if it was ~n oversight on the part of an in~ spector. This wo~ld be saying the City should bear the responsibility of bringing a development to code. It would be setting a dangerous precedent. M~. Strnad stated that the City must be careful to hire com- petent people to enforce the code ~ud do things correctly. ~yor Zack requested the City Manager to write the proper letter. Receipt of Correspondence from Russell & Axon, Consulting Engineers - Re: Laboratory Jar Tes% Program ~. Kohl read the attached letter from Russell ~Axon dated October 26, 1977. ~s~ Jackson clarified that these were the regular periodic tests whichmust be done for the D.E.R. and ~o Kohl agrsed and added that this is what is required now inasmuch as the way we ars running the plant. It would be $6,000 maximum° Mrs. Jackson moved to approve the form, seconded by De~rco. Under discussion~ ~. Strnad asked if this would take c~e of the wells which are contaminated and ~. Kohl rsplied that this did not have anything to do with those wells. Mr~ Jackson clarified that this was just periodic testing, Mr. Kohl added that it would be just at the plant~ ~. Strnad stated that the wells he was referring to could Lot be used without lime treatment and ~. Kohl requested Russell & ~on to reply. Mr. Milton Hallm~u appeared be~ fore the Council and stated this had nothing to do with the contaminatedwells and explained how this was a requirement o~ the D.E.R. M~. Strnad referred to the three wells, 4, 5, and ~4, still ~eing dow~ and M~. Hallman replied that the MIN~JES - REGU~ CiT~ COUNCIL M~ETING BOYNTON BEACH, FLORIDA NOVEM~a~ER ~ ~ ~ 977 three wells which ars contaminated are not ia use. If the jar tests are successful, this will a~dthe additional chemi- cal barrier and they can use the wells in the City at this time including the contaminated wells. Motion c~ried 5-0. Consider Reciprocal Library Agreement betwsen the Town of Lake Park the City and ¥2. Kohl referred to entering similar agreements with other towns. M~. DeF~rco moved to approve this agreement~ seconded By M~. Caldwell. No discussion. Motion carried 5-0° Request A~thorizatiom to Contact Coumty Engineer's Offics to Conduct Speed Limit Study o~ Hoynton Road West from Congress Avenue to I~g5 Mayor Zack referred to the change in the speed limit along Eoynton Road from 45 mph to 35 mph and told how cars exceeded the limit. He thinks the entire street should be 35 mph all the way through~ the same as the other streets in the City. Mrs° Jackson questioned the Police Department's recommenda- tion and Mayor Zack replied that they want 35 mph. ~s~ JacP~on remarked that it would be going against the M~s~ Jackson moved to follow the !~i~yor's recommendation, seconded by ~. Caldwell. No discussion. Motion carried 5-0. Consider Proposed Change Road Water Nain Order as it Psrtains to Woolbright Mm. Kohl referred to submitting a letter from Crabtree Con- struction Company to the County Engineers ~ud stated that what it amo%~ts to is $11~04t and $1,900 for constructing a man- hole. The price of $~,041 is to lower the pipes in the road- h~d which they did not l~aow w~re as high as they are. They were on the prints, but the inspections did not notate this. Mayor Zack asked who engineered this originally and M~. Kohl replied that Russell & Axon did. Mmjor Zack commented that it was not done deep enough according to the print and ~. Hallman replied that this was absolutely incorrect. The water lines were put down following specifications. He did not have anything to do with supplying information to the County as to the location of the water lines. The water lines were put in with a 30" minimum cover. They have deter~ mine~,~ that every ~ne was put in with over 30" cover. This pavement has been reduced in elevation from 6" to 9". N~ has a sketch showing the location depth and where they have uncovered them. One has 29" of cover, but at the time of installation, it exceeded 36" of cover. Mayor Zack replied -25~ ML~UTES - REGULAR CITY COUNCIL MEETLNG BOYNTON BEACH, FLORID;_ NOVE~3ER ~, 197? that if the print says 4', it should be 4'. Mr. Hallman ex~ plained that they were required to be installed with a mini- mum o£ 30"of cover and all were in deeper than 36" and met specifications. The inspection was proper and the engineer- lng was proper. Mayor Zack clarified that it was not our responsibility thenand Mr. Caldwell suggested not giving them the $1~,000~ ~. Kohl referred to the Co~muty Engineer s~ating that the road would be stopped then and they will not do a thing. N~yor Zack asked if the County Engineer followed Russell & Axon's prints and ~s. Hallman re~lied that they did not follow their prints as they did not sap~ly any informatio2. The County Engineering Department has indicated the water l~ues at different elevations than in the field. Mr. Kohl stated that this must be done and referred to the inconvenience. ~. DeMarco moved to proceed and pay the bill, seconded by Mrs~ Jacksen. Motion carried 4-1 with Mso Caldwell dissent- ing. N~. Caldwell added that somebody goofed up ~_nd the City is paying the bill. Nss. Jackson referred to the situation at the shopping centers and Mr. Caldwell commented that the City is just submitting to the County's blackmail~ Accept Resignation of Edward'F~ Harmening, Alternate, Civil Service A~peals Board ~s. Jackson moved to accept the resignation of Edward F. Hssmenin~ ~6onded by ~. DeM~nrco. Motion carried 5-0. Consider Replacement for Above ~s. Jackson referred to a resume being submitted from Donald MCKone who has been on the Civil Service Appeals Board and the Planning & Zoning Board and nominated Ms. Donald McKone, seconded by P~. DeMe_rco. Under discussion, Strnad stated he is not opposed to Mr. M~one serving, but the other gentleman had his resume in quite some time and is just being bypassed. Motion carried 5-0. Consider Request of George J. Cemetery Lots Heimback - Re: Exchange of Mm. K~ referred to Mr. Heimbach's request and advised that it was approved by the Cemetery Board° Jackson moved to grant this request, seconded by R~. Caldwell. No discussion. Motion carried 5~0. Consider Transfer of Funds - Re: All Vehicle Repair Funds to EquipmentMaintenance Dept. in the General ~d and to Fixed Charses in the Utility Fund M~~. Kohl referred to startin~ the budget on the computer system and explained that th~s did not change the budget, ~26~ ML~WCTES - REGULAR CITY COUNCIL MEETY~G BOYNTON BEACH, FLORIDA ~OVE~ER ~, ! 977 but would take out all vehicle repairs ~ud replace in one account and utilize the figures in the budget presently. It is Being done this way so it can be done on the computer° ~. Caldwell moved to approve the transfer of funds as re~ quested, seconded by M~s. Jackson. No discussion. Motio~ carried 5-0. ~ange of Ownership- Transfer of License - Re.~ City Taxi~ ~2 N~ Eo ~Oth Avenue M~. Kohl read the application and advised that it has been checked, but must be approved hy the Council. N~. Caidwell moved to grant approval, seconded by Mr. DeMarcoo Under discussion, ~4~yor Zack referred to the one reference given and asked if this could be held against the applicant and Mro Kohl replied negatively. Motion carried 5-0. Consider Application for Solicitation - Boynton-Delray ~oroptimist International ~. Kohl read the application and added that this has beem done every year ~ud it is a good organization~ M~. DeMarco moved to grant approval, seconded by M~. Caldwell. Under discussion, Mayor Zack questioned what they were selling and Mrs. Padgett replied they were fashion show tickets. Motion carried 5~0. Request Permission for Boynton Beach J.C.~s to Conduct T__~urkey Shoot ~. Kohl referred to the Jaycees having done this for many years and stated that it has been run in a good way with no problems and he would l~e to see it done. ~s. Jackson moved to grant approval, seconded by M~. Catdwe!io No discussion. Motion carried 5~0. A~prowal of Bills ~. Kohl read the following bills for approval: ~. Board of County Commissioners $ 9,34~o00 Disposal of solid waste for September Pey from Accounts Payable - General Fnnd O0~-000-202-00-00 Approved by City Manager M~. Kohl added that he hopes to reduce this. He checkediinto this hill and there were ma~tresses, Beds, etc. smd he doesn't know where it came from. He hopes to get it back down to -27- Mt~TES - REGULAR CITY COUNCIL ~ETiNG BOYNTON BEACH, FLORIDA NOVE~IBER I, 1977 approximately $6,000. He will watch it and see what is going wro~g~ He then continued with reading the following bills: 2o South Central Regional Wastewater 25,000°00 Treatment Plant Approved ~ssessment for City of Boynton Beach portion Coancil approved Kruse~ O'Connor & Ling 2,415.00 F~e for actaarial walmation for Fire & Police Pay from F~re Pension and Police Retirement Accounts Payable 612-000-~O2-00-00 $1,230o00 6~3-000-202~00-00 $1,185~00 Interstate Pi~e Maintenance To repair leaking manhole Pay from budgeted funds 401-53~-550-02~3F DeVos Construction Coo Est. Pistol Range addition Pay from Budgeted funds 001-20~-520-04.21 Council approved 8/1~/77 Interstate Pipe ~ntenance Removed sand from sewer mai~ Pay from W & S Revenue Accoants Payable 401-000-202-00-00 1,500~00 Penwalt Corp. . Anhy Ferric ~hlormda for Sewer Plant Pay from budgeted funds 401-533-550-03.65 ~0,044.00 8. Russell & Axen 626-681-04~5 Inv. #19 Construction plans and specs for South Central Regional Lift Stations and Force l~ains Pay from Utility General Accounts Payable 40~000~202-00-00 Authorization dated ~1/72 9. Russell & Axon 626-681-08-3 Inv. #~3 Consu ting services during construction for Water Treatment Plant Pay from Utility General Accounts Payable 401~009~202-00=00 Authorization dated 5/8/74 I~117o50 10. 2,576~14 5,876.85 6~026,71 Russell & Axon 626-681-08-6 !nv. #15 Provide resident inspection during construction at Utility Warehouse !siah Andrews Driver for Ssnior Citizens Club - 3 weeks P~j from budgeted funds 320-871-570-02.5A Ordinance #73-15, passed 5/~5/73 INCLUDING OC:EAN RIDGE AND BRINY BREEZE~ 717 NORTH FEDERAL HIGHWAY ® BOYNTON B~ACH, FLOP, IDA 33435 e TELEPHONE 732-950'[ Frazi~ 12oi~_~ City ilsmag~~ City of Esiltton 2each Bo)ruben Dsad~ Florida 33435 ~-s you are a?zare~ cup ~e m~am~er of Co.ePee leaders baize beene i-n~mstigati~g propez~ty amd e_~rls~g bu~ugs for a pez~...~an~nt Chamber office location. our invo..~igation it has become apps~ent that ~ order to prope~_y s~e the p~iic ~d co~_ity of Soynton Beach~ a location on Fed. er~ i~s~y or a ~u East-!lest road is an absolute necessity, i-3~oh of the pzepe~y on Feder~ Hight-~ay ~fi~d~ is a~abie is prohibi%it~e~z e:qNP_si~. is the City or ~%_?_.ton Beach has sl~,~ays beer_ cooperati~re ~ith the local of Colmlercc s~n.d recogr~zed the ~_,porta~_ce of the ~la~'g}er~s £~ction as the door': for DeyP. bon Beach~ the Clamber is com!~ %o the City ~,!th a request. The City cuz~rent!y o~,m.,s prope~'~ty on N. Feder~ Rf~n~-~~ ?X~ck is l~udsca~,~ed named the ~:Diceets~m~ial Park". The G~ .~amber ~co~zes the va?aa of area ~n bea~izl~ng o:~P city. Hovrever~ it is also £e!t that %his paz~{ is not utilized to the £ q~llest public benefit. A poz~ion of it co~d be u!~{--llzed to greater p~3!ic adv~%tage as a location for a ne~-~ Olie~beze of Co~eree ~.~th the re~.~a~nder being used as a passive paz*k. There are eight (~) lots o~med by the City at tN~s location (~,~z additic~u to the land on ~.ich is located tlne ~imal ~r~ro! Cent~'. ) Prom o'~ p~c~y ~vest. ig~ions i% has been determined that three (5) of these lots ~32~ be used for m~l~ p~oses oP o~.s~ership rev~ts ba~ to the g~tor. ~b_o~ the ~s ha~e consisteb3b~Q~ held that m:~cipal ~city ~ a l~d m%i~ fm~ion~ o~n~ ~ten% wo~d be to reta~u these lots tota~ as a p~c ps~ ~ea, T~e ~m~er~ ~u fact, wo,~d only need a tot~ of 2 of the 8 lots er 1/% of 'bile tot~ l~d m~s for ~ adeouata Gaa~ bu~dLug ~d p~, The re~ 6 lots ~e*~d be retaLued as !~dscaped for ~ ~rk ares %o be cnjo~-ed by the ~tors ~ the ~om~ buil~ and others. There are ~nsP%; examples o£ successful arr~ng~ellts bs%~.rees~ el%las mud Ob.&~,-iers of Ce~merc3 !oas'~_S l~nd for their b,~i!d~g~, i.e. Lake i'~h~ Ft. Piers% Oca!a,~ ~ a cksonl-', l !.c Zeach. lye rsspoc%f~~ reouest that tN~s proposal be ~'~..-c~ soz~iouu corsideration. officials ~mrld :.;cicome the oppoz~tu~zity to ~se~ss tb~s ~at%-a~ ~:~th City m~?oePs at ~;he~e~ar tL~_e could be arranged. ~Zi: as RUSSELL & AXON Established in 1920 Engineers · Planners * Architects Incorporated October 26, 1977 Mr. Frank Kohl City Manager City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33435 Subject: Laboratory Jar Test Program Water Treatment Plant City of Boynton Beach, Florida Project No. 626-681- Dear Mr. Kohl: As you are aware, the revised application for permission to alter t/%e method of treatment and operation of the Water Treat- ment Plant, upon completion of the new construction, was filed with the DER/Health Department at a joint meeting held on October 13, 1977. No written reply has been received at this date; however, the discussion at this meeting and subsequent telephone calls indicate their favorable response and accep- tance, subject in part to the presentation of certain data on propqsed coagulant aids, (polymers, Fe., Al., activated Silica) dosages, capacity calculations, predicted plant per- etc. This data was requested in their letters of forrmanc~t August ~9, 1977 and September 28t 1977. This information, as we discussed with the Council at their regularly scheduled Council Meeting of October 4~ 1977 and the speciall~eeting of August 23, 1977, can 0nly' be provided by c~nduct~ng a Laboratory Jar Test Program, evaluation of the resutts~ and preparation of recommendations. We propose to do this4 following authorization, from November 17 to November 1977 wi~h cooperation from the Utility Director and the Water Treatment Plant staff, with whom this has been discussed. 22, 167 N. E. 2ND AVENUE ,~ POST OFFICE BOX 1837 ,, DELILiY BEACt{ FLORIDA 33444 ,, 305127~26t5 ~. Frank Kohl dity Manager City of Boynton Beach October 26,_1977 Page Two We enclose four copies of our standard Authorization Form with attachment for your consideration and signature. Please return three copies~ If you have any questions, please advise. Very truly yours, RUSSELL & AXON, ENGINEERS-PLA/~NERS-ARCHITECTS, I~C. ~ilton L. Hallman, Jr~ Vice President MLH/lc Enclosures cc: Mr. Perry Cessna~ Director of Utilities MINU~S - REGULAR CI~ COUNCiL -MEETiNG BOY~ON BEACH, FLORIDA 977 12. Willie Ruth McGrady t34o40 Server for Senior Citizens Club - 3 weeks Pay from budgeted funds 320-871-570-02.5A Ordinance #73-15, passed 5/15/73 Me. Kohl stated that the bills described have been approved and verified by the department heads involved; checked and approved for payment ~y the Finance Department; funds are available in their respective budgets. He therefore recom- mends Dayment of these bills. F~s. Jackssm mov'ed to pay the bills, seconded by~. Caldwell. Under discussion, Mro Strnad asked if ~. Kohl had any idea yet how much th~ consulting services have beem for the Water Treatment Plant since it started? He thinks the last bill paid was for $6~000 and does not see amy hours on this oue. Me. Kohl replied that he does h~ze the hours with the bills° M~s. Jackson suggested in the future including a xerom copy of Russell & Axon's bills in the Council members, books and M~. Kohl agreed° Motion carried .ADJOUP~NT M~s. Jackson moved to adjourn, seconded by Me. DeMarco. Motion carried 5~0 and the meeting was properly adjourned at ~O:20 P~ M. CITY OF BO~-NTON BEACH~ FLORIDA ATTEST: City Clerk (Three Tapes) =29~ Vice Mayor Council Member Council Member ~b~kfuncil /