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Minutes 09-06-77MINUTES OF REG~K[~LR CITY COUNCIL M~RTING OF THE CITY OF BOYNTON BEACH, FLORIDA, HE~LD iN CITY HALL, TUESDAY, SE~MBER 6, 1977 PRESENT Joseph F. Zack, Mayor Emily M. Jackson, Vice Mayor Richard D. Caldwell, Councilmaa JosePh DeMarce, Councilman Norman F. Strnad, Councilman Frank Kohl, City Manager Tereesa Padgett, City Clerk Gene Moore, City Attorney Mayer Zack called the meeting to order at 7:30 P. M. and re- quested everyone to please rise at the so~nd of the gavel for the Invocation given by Father A1 Victor, Assistant Pastor, St. Mark,s Catholic Church, followed by the Pledge of Alle- giance te the Flag~le~yCouncilmanNormanF. Strnad. Announcements Mayor Zackannounced there were two announcements and first SeeM in. called oK the proud father, Councilman Caldwell. Mr. Caldwell of announced that oK August 29, his wife gave birth to a 7 lb., 9/20/77 7½ oz. baby boy named Bryan-Richard. Mayor Zack annomnced that Vice M_ayor Jackson had a presenta- tion to make. Yms. Jackson read the following statement: "Last month I was the only member of the Council who was able to have the great pleasure of attending a very important event for Boynton Beach. This was the graduation of our K-9 Corp, at the same time the Sheriff's K-9 Corp graduated. This graduation, held on the John I. Leonard athletic field, in spite of the fact that it was a very wet, soggy day (almost as bad as the weather this past weekend) was a wonderful sight. To see our Police Officers Kirman~, Guenst. Smith and Osborn, together with their dogs King, Prince, Belle and Fella, as well as the Sheriff,s four men and dogs, was indeed a very impressive sight. As these dogs went through their exhibitio~ - scaling high walls, attacking, etc. - they at all times were protecting their masters as they obeyed their every command. To think that these men and dogs learned ali of this in 14 weeks, shows the great dedication of the trainers, the dogs and the men. There is a mutual love, trust and respect between the men and the dogs, and as a result our police department and the City are going to be better protected. This is the cuL~ation of a dream I have had for several years ~to have Boynton Beach have a E-9 Corp. While I was watching this wonderful demonstration of the ability of the dogs and men, there was another person from Boynton who braved the terrible weather t% be present. See MJ~ of 9/20/%~ MINUTES - REGULAR CITY COUNCIL ~MTING BOYNTON BEACH, FLORIDA SEPTEMBER 6, 1977 This is because she has been especially interested in seeing that Boynton has its own E-9 Corp, as she realizes the giant step ~orward that this is for our City. This person is Mrs. Dorothy T%trco. Mas. Turco owns the Golde~ Leash Pet Shop in the Gmlfstream Mall. But M~s. Turco was not there just to see the demonstration. She was there to GIVE something to show her appreciation ~or these men and their dogs. There- Sore, during the graduation ceremonies she presented a gift to each of our men and dogs. SherifERichardWille was so impressed by Mrs. Turco's thoughtfulness, that he asked me to make a presentation, in his behalf, to ~ms. Turco. Will Mrs. Turco please come forward? Mrs. Turco, on behalf of Sheriff Wille, I now present you with an identification card." F~s. Jackson then read the identification card and thanked Honorary Deputy Sheriff Turco. Mayor Zack thanked Jackson for the presentation and added that it is a great honor. ~enda Additions ~yor Zack announced the following additions to the agenda: VIE OLD BUSI~F~SS - B. Cemetery Board ADMINISTRATIVE - L. Transfer of Funds 1. Water Treatment Plant 2. Water Distribution and Sewage Collection 3. Audit Fees Mms. Jackson moved to approve the agenda additions, seconded by Mm. Caldwell. No discussion. Motion carried 5-0, Mayor Zack referred to the agenda and announced if there was any item anyone would like to speak on to please come forward and give their name to ~ms. Padgett and the City Clerk will call on them at the appropriate time. Statement by Vice Mayor Jackson }~s. Jackson read the following statement: "This is a statement in regard to a letter sent to N~yor Zack, with a copy to me, signed by eight businessmen. I had thought that this letter was not worthy of comment, since it was evidently written with either a malicious or jealous in- te~t. However, since someone saw fit to give this to the news media, I feel some mistatements should be set straight. -2- MINUTES - REGULAR CIT~ COUNCIL MMMTiNG BOYNTON BEACH, FLORIDA SEPTEmbER 6 , 1977 I am sure the Promotion Board will give an answer about the board dinner, telling the truth: that they are investi- gating all places and ideas for this event. Mr. Kohl turned this over to them to handle. NO DE~ISION NAS BEEN MADE as the committee is looking into all. places to find out about prices, capacity, the mem.1, etc, This is committee action, with Mr o Kohl having nothing to do with it. Mr. Kohl not only paid taxes in Boynton Beach last year, hut goes to the doctor and dentist in Boynton and probably obeys the sloga~ in Boynton'.' more than many, ~wy citi- zens e~ ~o~ton Beach. Where did these bnsinessmen get. the £igure $1,000 for entertainment for the last two board dinners? When Mr. Kohl does any promotion, you will not find him neglecting his work. Few people who work for the City devote as much time to City work as ~. Kohl. He is at work way Be- fore other employees, and thinks nothing of spending evenings, Saturdays and Sundays if necessary, doing something for the City. At N__O time has his work as administrator been neglected. Because of N~. Kohl's ability to promote, he has brought much good will a~ud recognition to Boynton. After one restau- rant has had 13 out of 16 dinners there, I don't think there can he any complaint by that owner. In 1963 the board dinner ~as at Haley's - now the location of the Century bank. In 1966 it was at Boxley's - now Sun Wah which was not in the City limits then, and in ~196? there was a BBQ at the Civic Center - which was not very successful. I am coming to the defense of our City M~zuager because he won't do it, and bec~e this letter sent to F~Lyor Zack is an attempt, which started in m small way le~t year, to tear down the good image we all want for Boynton Beach. The taxes have been kept d~wn, the employees, by and large are happy, and the City is progressing steadily. As any other human, Mr. Kohl has faults, but to attack him for spending money the Council has every year voted unani- mously to spend, and for ~he good of the City, HAS to be be- cause of some ulterior motive.~ Is it jealousy, an attempt to get publicity or is it perhaps an attempt to make political hay? If any other Council members choose to sign this release with me, I would be glad to hav~ you do so. If not, I am not afmaid to stand up for someone who is doing a good job." M~yor Zack requested that the letter sent by the eight people also be include~ ~ith the minutes and a cody of this letter dated August 29, 1977, is attached. SEPTEMBER 6, 1977 MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA MT_NUTES Regular City Council Meeting - August 16, 1977 N~ayor Zack started o~ his left and requested comments. Mr. DeMarco referred to Page 15 and corrected the spelling of Kahlert. M~. Strnad, Mr. Caldwell and Frs. Jackson replied they had nothimg, ~yor Zack referred to Page 9 and corrected the spelling of the name Massa. Mr. Caldwell m~ed to accept the minutes as corrected, seconded by Mrs. Jackson. No discussion. Motion carried 5-0. Special City Council Meetin$- AuEust 23, 1977 When called upon by Mayor Zack, Mr. DeMarco replied that he had none. Mr. Strnad referred to Page 3 and stated he was very dissatis- fied with the answer he got in paragraph two as he never got an answer to his question of who was responsible for this added expense since the DER had changed their mind. The answer was of a different nature completely, He wanted an answer of who was going to be responsible to the taxpayers of this City for the extra expense and never got an answer from Russell & Axon. ~. Caldwell stated that he had none. ~h~s. Jackson referred to the last page, the big paragraph in the middle, and corrected the sentence to read: The Vice Mayor then referred to the proposed resolution requesting the County to allocate the entire cost of the Sheriff's Road Patrol to the unincorporated area of Palm Beach County and said since this was not noted on the Notice of the Special Meeting "and according to Roberts Rules of Order" a vote of the Council to consider same would be necessary "for this to be added to the agenda." Mr. DeMarco moved to accept the minutes as corrected, seconded by Mr. Caldwell. No discussion. Motion carrie~ 4-0 with Mayor Zack abstaining. ~3BLIC AUDENCE Mr. Louis Labrador appeared before the Council and stated his address as 1331S. W. 25th Avenue. He informed the Council that he and a group of interested people were present this evening to support Mr. Robert Sellers who lives at 281N. E. 16th Avenue. He referred to a notice of violation being given to Mr. Sellers giving seven days notice to comply with -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTE~,R 6, 1977 Section 4, Page 14A, Code of Ordinances, City of Boynton Beach. The nature of the violation was an antenna exceed- lng the height allowance designated in the Code of Ordinances. These people present are ei~he~television or citizens band broadcasting type persommel.~ This sort of thing could cause a tremendous impact upon this community. They would like to request the officials of the City to review this ordinal, ce, Section 4, Page 14A, relating to height of antenmaes. As previously mentioned, the height of Mr. Sellers' antenna exceeds the height allowed by the City of Boynton Beach; howewer, it is well with the FC~ regulation, which is 60 ft. Therefore, they feel there should be ,a compromise between the F%deral regulation and the City regulation. ~ They are mot here to defy t.he City of Boynto.n Beach and the ordinances, hut feel the officials should look i~to this matter, Ns. Labra~_~ continmed with explaining how height was necess- ary f?r CB antennaes to avoid interfer~e~with neighbors' {~evxsiom reception. As he mentioned~ the FCC authorize~ a height of 60 ft. above gromnd or 20 ft. above a building and he has a copy of that regulation. They request that this City ordinance be researched because of the impact 3,000 to 7,000 television and CB radio people in this popula- tion. ~h. Labrador continued that they request the Council to ex- t~md the date of September 8 show~ on the violation for com- pliance. They would like this done in writing and there is n~t too much time. The serious consequence is a $500 fine or 90 days in jail for non-compliance.' They are concerned ~nd Dlead and urge the ~ouncil to have this researched and on behalf of their colleague request that the cost be con- sidered as it will take two to three men~ to lower the an- tenna. Also, he has a petition f~m the immediate neighbors stating they have no ohjec~tior~s to the height of the antenna as it is presently er~te~. The amount of time should be aonsidere~ and at least 30 days be given and not se~en to eight days as given in this particular case. They feel se~en to eight days is an inadequate time to comply with the regulation because most~people are not familiar with this ordinance and chance should he given for recourse. Mm, Labrador then explained how television ~utennaes must also be considered because if they must be lowered, people will no longer be able to get Channel 2. Mr. Labrado~ requested that more time be given to Mr. Sellers and asked if it was within the Council's jurisdiction to request some research be made on this ordinance to determine whether it is outdated. They urgently request time. They are not here to defy the ordinance. This violation does not violate the liv~ihood, peace and tranquility of other homes -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 6, 1977 and it is not urgent to take that quick action. The request for the extension of time they are requesting they would like to commence at such time it may take the Gity to re~iew the ordinance in questie~ and determine whether there is a con- flict with the Federal regulations. N~. Sellers should be ~otified in writing. He has pictures of many antennaes which exceed the height, including the one on the Fire De- partment building, They have the ordinance, a copy of the regulation, and a sketch issued by the FCC regarding proper installation and proper height of an antemna. They request consideration be given and tim~ be given, to meet the law. ¥~yor Zack asked if the City Manager knew a~ything about this ~ud Mr. Kohl replied that he was not familiar with this parti- cular case ~ hut cases have bee~ brought to his attention a~ud the Building Department has tried to obey the ordinance. He thinks Mr. Labrador was wrong about 20 ft., as he thin~ it is 15 ft. above the roof top. Mr. Labrador read the ordinance pertaining to television ~md CB antennaes. ~. Kohl requested the Building Official to refer to this specific case ~ud stated the Council could make a decision. ~o Caldwell stated that the Council must address themselves to the seven day violation. He would not fool around with an antenna, especially in the weather we have been having. M~. Labrador announced he had concluded his presentation and thanked the Council for listening to him~ Mr o Howell stated that it is true there are numerous aerials in town. His men in the department have asked him iE he wanted to s~art enforcing this ordinance and since it is an ordinance, they must. He believes in this particular instance, ~. Shaw made the inspection and the antenna was broken and looked dangerous. He explained how the construction of some could be dangerous in hurricanes. As far as seven days no- tice, all are given seven to ten days notice. Also, he was told the man was upset that the ordinance was being enforced. Mayor Zack stated he thought seven days was a pretty short time. He suggests Dutting on a moratorium for 60 days and have the Planning & Zoning Board research this and make a recommendation. Mrs. Jackson moved to declare a moratorium on this for 60 days and instruct the Planning & Zoning Board to research this and make a recommendation, seconded by Mr. Caldwell. Under discussion, N~. Strnad told how a lower antenna was adequate in 1960; howe~er, with the construction of high rise buildings to the north and south, television reception has been impeded. He then explained how CB operators were a deterrent in crimes. He thinks the ordinance on the books MINUTES - REGULAR CITY COUNCIL M~ETING BOYNTON BEACH, FLORIDA SEPTEF~ER 6, 19~7 is outdated. He thinks we could come up with something more up-to-date on this particular item. Mrs. Jackson referred to being told abeut one an~e~ua that had been too high but when brought down to the proper height affected television reception in a nearby ~ondominium and asked Mr. Labrador i~ this could happen and Mr~ Labrador agreed it could and added that he was not an expert on radio or television a~tennaes, bnt is a CB fan and television watcher and if the height of a vertical type antenna is reduced, it will cause radiation of signals which is interference of television as well as radios and telephones. He then asked ~if Mr~ Sellers had to abide hy the ~io!ation and Mayor Zack replied there would be a 60 day moratorium. Mr~ Labrador asked i~ he would ~e con- tacted and Mayor Zack informed him t~t all in~ormatio~ would come from the City Manager. Mrs° Jaekso~ also suggested that ~. Howell i~spect ~r~ ~ellers' antsnna and M~. Labrador in- Eormed them that he has a photo of it a~d advised that there are fiv~ gu~ wires and normality there e~re three. Mr. DeMarco added that he would like to have the _~lanning & Zoning Board review the ordiaance. Motio~ carried 5-0. BIDS NO.NE PUBLIC HEARING Abaadonment Request: Applicant - Messrs. Norma~ Michael and Bruce Costanzo Location Portions of S. W. 28th Ave. ~. Kohl informed the City Council that this abandonment re- quest was submitted by Norman Michael and Bruce Costanzo to abandon portions of S. W. 28th Avenue lying west of the cul- de-sac platted in the 3rd Section of Golfview Harbour. All legal requirements have Been met - i.e. legal advertising, etc. The Planning & Zoning Board at their meeting of August 23rd unanimously recommended that the abandonment request for portions of S. ~. 28th Avenue between the platted cul- de-sac and Congress Avenue be abandoned subject to dedicating the south 12 feet for a utility easement after finding that the request is in accord with site development plans for Tract I of the Townhouses of Golfview Harbour. The motion to approve was made by Mr. Lambert and seconded hy Trauger. F~Lyor Zack asked if anyone in the audience wished to speak in favor of this request and received no response. He then asked if anyone wished to speak in opposition and received no response~ -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 6, 1 977 Mr. Caldwell moved to grant the abandonment request for Messrs. Norman Michael and Bruce Costanzo, seconded by Mr. Strnad. No discussion. Motion carried 5-0. Rezonin~ Request: Applicant Owner Description- Request - C. A. Ostr~m Gol~ Cmst Plumbing, Inc. Lots 14 & I6 C.N. Copps Addn. Rezone from R-2 to C-4 i~m. Kohl in£ormed the City Council that a rezoning request was s-~hmitted by C. A. Ostr~m for Gold Goast Plumbing, Inc. to rezene from R-2 to C-4, Lots 14 and 16, C. ~. Cepps Addi- tion. The Plamning & Zoning Board at their August 23rd meeting recommended that the rezoning request be denied owing to the extensio~ of commercial uses into a residential area, the additional traffic generated on N. E. 1st Street and N.E. 2nd Street, and the objections of the residents in the area. The motion to deny was made by Mr. Traug~r and seconded by ~. Winter with Ms. Lambert and Mr. Arena dissenting. Mr. Lambert noted that i~ his opiniom this reguest womld not en- danger the residential area to the north. Mayor Zack asked if~anyone i~ the audience wished to speak in favor of this request. ¥~. Tubby Ostr~m, owner of subject property, appeared before the Uouncil. Ee stated for the record had he inquired fur- ther, he woald have made this application for C-2 instead of C-4, but being all one piece of property he made application to have it all zoned alike. He has talked to many property ~nsrs in the immediate vicinity who do not ~oject or are in favor Of extending commercial property to the north, which is in the belief of many the business heart of Boynton Beach. He would like to point out other zoning in the immediate area or in the heart.of Boynton Beach. He showed a sketch and pointed out the subject property, City owned property, pro- perty to the east and south of 2nd Avenue zoned C~4 and ~-2. Me advised that approximately ~75 feet to the east of the subjsc~ two lots, it is zoned C-4 f~r four blocks through a completely residential area for at ~east three ~locks with many single family residences. The property which is in qusstian is just approximately 175 feet west of the large C-4'area which abuts the R-2 all the way and he is asking to extend this commercial property to the north 50 feet. There are three blocks to the south and 130 feet to the north and he is just asking for another 50 feet in an area which he doesn,~ think will be hurt. Mayor Zack questioned the used of this 50 feet and M~. Ostr~m informed him that he intended to use it for driveway and p_arking. He continued that some time back, he had per- sonall~w~ p~ed to build a commercial building, but has not MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 6, 1977 Been able to do this with the economy. He has had it for sale, but all the people have backed off when they realized they could not use 1/3 of the property for parking. It is all one piece o£ property. He i~ only asking for commercial area of 183 feet north of the mai~ thoroughfare of Boy,ton Beach and 4o the south there are three Blocks. These two 25 ft. lets are zoned R-2 and the minimum frontage in R-2 is 75 feet. He cannot see any way to go, but tc change it. The back two lots must be changed to a commercial zone or the front three to residential so the property would be big enough to build ~ything due to the restrictions for setbacks, beautification, and parking. This property is basically non-conforming. Mayor Zack stated that north of this property it is strictly residential and Ns. Ostr~m replied that it is zoned R-2. ~yor Zack asked if there was an apartment complex and Nro Ostrum informed him that 200 feet north, there is a building of a commercial nature to the east side of subject property. Or~ the northwest corner, there is a single family house. North of that, there are duplexes and older homes. M_rs. Jackson stated that Lots 14 and 16 are the two 25 ft. lots and the line does not go to 1st Street. She asked if ths lots go from street_to street and Mr. Ostr~m replied that the entire section was laid out in 25 ft. lots and the lots to the east of 2nd Street adjoin~the C-4 area and are zoned ~. Caldwell asked if the Council has the right to change the request to C-2 instead of C-4 and Mr. Moore replied: yes. Mrs. Jackson asked what the highest zoning was in which parking was allowed and Mr. Howell informed her it would be allowed in C-t or C-2. M~. DeN~rco stated he would like to see some place for parking as parWi~g will be a big factor, especially on 2nd Avenue. Mrs~ Jackson questioned whether it would make a difference to change it to C-I or C-2 to the people in opposition. ~yor Zack asked if anyone wished to speak in opposition to ~his application. M~. Mclellan, 3~8 - 1st Street, appeared before the Council and stated his two lots adjoin these two to the north. Naturally he has to oppose a change to C-4 zoning after looking at the types of businesses allowed in C-4. When the notice came, it said it was for parking, but C-4 allows practically anything. Ee just bought his house last spring and did not expect to be abutted with something like this. The C-4 would enhance ~he selling of this property, but cer- tainly not his residential property adjoining it~ The two lots adjoining it have parking and a nice building and do not go back into the residential area. MINUTES -REGUI~qI CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 6, 1977 Mr~ DeM~urco asked if he would object if it were used for a parking ~ea and ~. Mc~illan replied hs would have less ohm jection if it was assured it would be for parking.. Mrs. Jackson a~k?d if he would be willing to have it zoned and Mr. Mclellan replied anything but C-4. Mr. Frank B~tema~' ~22~ 1st Street, appeared before the Council and stated' if there was a driveway going through from 1st Street to 2nd Street, they would have nothing but traffic. There are no sidewalks and the people walking would get mowed down. There is enough of that o~ 2nd Ave. Also a business would ~e allowed such as aa all-~ight res- tamrant and this would be located next t~ Bedrooms in homes. Nayor Zack referred to him owning the commercial bmilding and Mr. Bo~a~replied that it is not a commercial ~uilding, ~mt his pla~ room. Nr~ DeMarco asked if he would object to this D~operty being used as a park~ug~ area ~d Mr. Bottema~ replied: no, but he would if it were to be a driveway. Mr. Caldwell moved to grant this zoning c~ge to C-2 Com- mercial, seconded by N~ DeM~rco. Mr. Moore suggested that in a case of this natmre there be a unity of title agreement entered into that this piece of property wo%~ld ~ot be sepa- rate from the ~ase piece to protect the neighbors. Mr. Caldwell included this in his motion. No discussiom. Motion carried 5-0. Comditiomai ~se: Applicant - Scobee-Combs Funeral Home, P.A. Owner - C. Don Combs Address - 1622 N. E. 4th Street Request - Crematory Unit to be Installed Within Existing Building Mr. Kohl informed the Council that conditional use approval was 5eing requested for a crematorium unit to be installed at the Scobee-Combs Funeral Home located at 1622 N~ E. 4th St. The Planning & Zoning Board at their August 23rd meeting unani- mously recommended approval of the conditional ~se request after evaluating the evidence submitted by the designer of the unit and that the installation of this ~nit will not cause a~_r pollution or additional traffic. Two objections are submitted to this request. The motion to approve was made b~ M~. Trauger and seconded by ~s. Huckle. Mayor Zack asked if anyone in the audience wished to speak in favor of this conditional z~se and Mr. Co Don Combs replied that he was present to answer any questions if needed. Mayor Zack asked if anyone wished to oppose this request and received no response. Mrs. Jackson added that~letters had been received in opposition, one from Earle B. and Charlotte Irving, N~nagers of Seaview Park Club, 1620 N. Federal High- way, and one from Mr. & Mrs. John F. Cronin, 504 N. E. ~6th Avenue. -10- MINUTES - REGU!J~R CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 6, 1977 Mms. Jackson moved to grant the application of Scobee-Combs Funeral Home for a crematory unit at 1622 N. E. 4th Street, seconded by Mr. Caldwell. Under discussion, Mr. Caldwell referred to the back area being for parking and Mr. Kohl agreed this was correct. Pm. Caldwell questioned the loca- tion of the crematory unit and Mr. Kohl pointed out that it would be in an existing building. Motion carried 5-0. Mr. Moore then read Ordinance No. 77-27 covering the condi- tional use o~ this crematory unit. Mrs. Jacksom mo~ed the adoptiom of Ordinance No. 77~27 on £irst reading, seconded by ~. Oaldwell. No discussion. Mrs. Padgett took a roll call vote as £ollows: Vice M~yor Jackson - Aye Councilman Strnad - Aye Councilman Caldwell - Aye COUncilmau DeMarco - Aye Mayor Zack - Aye Motion carried 5-0. LEGAL Ordinances - 2nd Reading - Public Hearin~ Proposed Ordinance No. 77-23 - Re: To Provide for Amended Estimate of Revenue & Expenses for Fiscal Year, October 1, 1976 - September 30~ 1977 ~. Moore read proposed Ordinance No. 7?'23 Dy 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 and received no response. M~. DeMarco moved the adoption of Ordinance No. 77-23 on second reading, seconded by M~. Caldwell. No discuesion. Mms. Padgett took a roll call vote on the motion as follows: Councilman Strnad Aye Councilman Caldwell - Aye Councilman DeMarco - Aye Vice Mayor Jackson - Aye Mayor Zack - Aye Motmon carrmed 5-0. MINUTES - REGULAR CITY COUNCIL MEETITJG SEFi~MBER 6, 1977 BOYNTON BEACH, FLORIDA Proposed Ordinance No. 77-24- Re: Providing for Legal Defense of City Officials and Employees Mr. Moore read proposed Ordinance No. 7?-24 by captiom on second reading. Mayor Zack asked if anyone in the audience wished to speak in favor of this ordinance and received no response. He then asked if ar~yone wished to speak i~ opposition to this ordinance. NE. Joseph DeFuria appeared before the Council and questioned the meaning of providing legal defense and asked if this would be an extra burden on the taxpayers for auy case and M_r. Moore clarified that it only pertained to any case in connection with official duties. Mr. DeFuria asked if it had anything to do with private or personal matters and F~. Moore replied: no. ~. De~m~rco moved the adoption of Ordinance No. 77-24 on second reading, seconded by F~. Caldwell. NO discussion. F~s. Padgett took a roll call vote as follows: Councilman Caldwell - Aye Cou~cilmanDe~urco -~Je Vice Ymyor Jackson - Aye Councilman Strnad - Aye Mayor Zack Aye Motion carried 5-0. Mayor Zack referred to the next two ordinances being first read on August 16 and asked if they normally waited a month for the second reading and ~s. Padgett replied that this was because of the advertising. Proposed Ordinance No. 77-25 - Re: Adopting Budget for 1977- 1978 Fisca~ Year Mr. Moore read proposed 0rdin~uce No. 77-25 by caption on second reading. Mayor Zack asked if anyone wished to speak in favor of this ordina~ce and received no response. He asked if anyone wished to oppose this ordinance and received no response. ~s. Jackson moved the adoption of Ordinance No. 77-25 on second and final re~ding, seconded by Mm. DeMmurco. Under discussion, Mr. Calcwell su~$ested reducing the Council's paychecks from $200 per mont~ to $150 per month and added that it did not amount to too much, But would save the tax- payers money. Mms. Jackson ~eplied that this should have MINUTES - REGUI~R CITY COUNCIL N~ETING BOYNTON BEACH, FLORIDA SEPTE.~BER 6, 1977 been done at first reading as if it is done now, this would be the first reading and the second readisg would not be made to meet the law. ~. Caldwellagreed and stated he would wait until next year. Mrs. Padgett then took a roll call vote on the motion as follows: Councilman DeMarco - Aye Vice Mayor Jacksom - Aye Councilman Strnad - Aye Councilman Caldwell - Aye Mayor Zack - Aye Motion carried 5-0. Proposed Ordinance No. 77-26 - Re: Fixing a Tax Millage for 1977~1978 Fiscal Year ~. Moore read proposed Ordinance NO. 77-26 by caption on second reading. ~yor Zack asked if anyone in the audience wished to speak in favor ef this ordinance and received no reply. He asked if anyone wished to speak in opposition to this ordinance ~ud received no reply. ~. DeM~arco moved the adoption of Ordin~_uce No. 77-26 on second reading, seconded by Mr. Caldwell. NO discussion. Mrs. Padgett took a roll call vote as follows: Vice Mayor Jackson - Aye Councilman Strnad - ~je Councilman Caldwell - Aye Councilman DeF~arco - Aye Mayor Zack - Aye Motion carried 5-0. Ordinan. ces 1st Readin~ Proposed Ordinance No. 77-28 - Re: Amending Section 154 of the Charter Relating to Primary Elections and Establishment of Filing Fees for Candidates ~. Moore read proposed Ordinance No. 77-28 in its entirety on first reading. He added that the specific purpose is for a namber of years, there has bee~ a $10.00 filing fee in the Charter ~nd a $25.00 filing fee in the ordinance. This will amend the Charter to make the $25.00 fee prevail and render them u~iform. It takes the $10.00 fee out of the Charter° MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEmbER 6, 1977 Mrs. Jackson moved the adoption of Ordinance No. 77-28 on first reading, seconded hy Mx. Caldwell. Under discussion, Mrs. Jackson referred to having so~amny precincts and having to go to the County and stated they should take a second look at the fees as more time and work is being spent on this. Yms. Padgett then took a roll call vote on the motion as follows: Councilman $ trnad A~e Councilman Caldwell - Aye Councilman DeMarco - Aye V~ice Ma~or Jackson -~ Aye Mayor Zack - Aye Motion carried 5-0. Resolutions Proposed Resolution No. 77-W - Re: To Florida t~blic Service Commission Protesting the inverted Rate Structure of Florida Power & Light Mr. Moore read Resolution ~o. 77-VV. Fm. Caldwell moved the adoption of Resolution No. 77-W, seconded by M~. DeM~arco. Under discussion, Mr. Caldwell added that inasmuch as the Public Service Commission is very much seriously considering this idea, let's prod them along as much as possible. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Caldwell - Aye Councilman DeMarco - Aye Vice Mayor Jackson - Aye Councilman Strnad - Aye Mayor Zack - Aye ~otion carried 5-0. Proposed Resolution No. 77-~ - Re: Demolition of Unsomnd and Unsafe Buildings Mm. Moore read Resolution No. 77-V~. seconded by F~o DeYmrco. No discussion. Mrs. a roll call vote on the motion as follows: Councilman DeMarco - Aye Vice Mayor Jackson - Aye Councilma~ Strnad - Aye Councilman Caldwell - Aye Mayor Zack - Aye Jackson moved the adoption of Resolution No. 77-~, Padgett took Motion carried 5-0° MINUTES - REGUL~ CITY COUNCIL ~ETING SEPTEMBER 6, 1977 BOYNTON BF~CH, FLORIDA Proposed Resolution No. 77-X~ - Re: De£erred Compensation Plan Mr. Moore started reading proposed Resolution No. 77-XX and Mm. Caldwell interrupted him and stated so there would be no inclination of any conflict of interest, at this point he would like to sit out in the audience. Mayor Zack stated that before reading this resolution, ts the best of his k~owledge, the City Council did not authorize the Cit~ Attorney to draft this resolution~ Since this authorizes use of Cit~ equipment and City employees~ he thinks a better proced~re should be followed~such as ~dvertising for ~ids. a committee of fi~e, from the Police and Fire Departments, erie department head, and two general employ- ees, to screen i~surance companies and make a recommendatio~ sE three to five companies to the Council. This is the best way to show we are concerned about welfare. Ne does not think the proper procedure was followed. He does not k~ow who authorized the City Attorney to draft this resolution. There have always been committee~ previomsly. His suggestion is to scratch this and let the City Council advertise for bids. Mrs. Jackson moved to strike this from the agenda and turn over to the employees to make a sel[ection.~ Mr. DeMarco seconded the motion. Under disc~sion, Mr. DeMarco stated that he understood the employees themselves rsqmested this and had gone through it o~ their own time. Ee understood that they screened different insurance companies° He does rsalize Mr. Caldwell works for Aetna. Mayor Zack stated that he personally feels we should give the employees a choice. M~s. Jackson agrsed that it should be left up to the employees. Mayor Zack suggestsd that the City Clerk advertise for ~idso Mr. Moore clarified that he did not draft the resolution, hut this resolution came from a committee of employses, department heads. It was his understanding that this was a decision and recommendation of the City Council some months ago. He understood that the employees formed a committee to investigate the possibility of a deferre~ compensation plan. Mr. Kohl agreed this was correct. Mr. Moore continued with advisLug that this was a strictly voluntary cooperation plan among the employees. The only function required by the Internal Revenue requirements is that the City Council ack- nowledge that the employees want to go into this plau and the Finance Department will make the deduction from the salaries and pay it directly to the agent. M~-or Zack stated he still felt this should be advertised sin=s City equipment ~ud personnel will ~ used. He thinks the City Council should receive input from the general em- ployees and not only ths department heads. -15- MI~tTES - REGUI~R CITY COUNCIL MEETING BOYNTON ~EACH, FLORIDA SE?~EF~ER 6 , t 977 ~. Strnad asked how Aetna got their foot in the door without the other companies being notified and ~r. Kohl replied that five proposals had been received. Mr. Strnad stated that the original proposal was to get this from Aetna and F~ Kohl agreed it was at first. Mr. Strnad stated that nobody asked for it until it was presented and Mr. Kohl agreed and stated that they then had five proposals. Mr. Strnad stated that Aetna was in there first and now is in there last. He wants to see this go out for bid, so every comp~u~ has an equal chance to hid on this. It is spending tax money in the implementation, whether a little or lot. Ee thinks they ~re entitled £or this to go out for bid. M~rs. Jackson repeated her motio~ was to strike this from the agenda and leave it entirely up to the employees. Mr. DeMarco referred to it coming through the City Council and Mrs. Jackson agreed a report should be made to the City Council. Mr. DeMarco referred to the motion not requesting bids and M~s. Jackson agreed she had not stated anything about that. She clarified that the employees can h~ve ~ vote like they do for Civil Service and she doesn't th~nk the Counci~ should get involved. Mr. Strnad remarked that it was different th~u Civil Service. ~E~yor Zack stated he still felt it was the responsibility of the ~ity Council to advertise for bids and have a committee as suggested screen Five companies. Mr. Strnad added that as far as he is concerned if Aetna has the ~est plan, it is fine; but we should go out for bids first. He does not want the employees to. say they want this company or that company, but it should go out for bid. Mrs. Jackson referred to this com~ug through the department heads and M~o Koh~ replied that five proposals have been re- celled from five companies and four have deferred compensa- tion plans. Some are different. The ones submitted to the Council were from Aetna. Most department heads and assis- tants would probably be the only ones taking it. They are the ones interested ~ud that is how it got started, tt does concern the City with putting it in the computer, but it does come from the employees, salaries. ¥~. DeMarco asked if the employees were contacted by the department heads and Mayor Zack replied that the selection was made by the department heads. He thin~ we should be more concerned about the people who work here. Mrs. Jackson clarified that her motion was to strike this resolution from the agenda and turn this over to the em- ployees to make their selection ~ud make a recommendation to the Council. She asked if they had to go out for ~ids and Mr o Moore replied thmt this was a strictly voluntary MINUTES - REGULAR CIT~ COUNCIL MEETING BOYNTON B~ACH, FLORIDA SEPTE~ER 6, 1977 de~lo~ from the employee,s salary. M~s. Jackson clarified that it really did not concern the Council whether to go out for bids, B~ut they ca~ and ~. Moore replied that the govern- ing body has to acknowledge there is a p~m in effect and take out the money ~efore i~ gets into the salary. He thd_~ks the employees have made their decisien~ Mr. Strnad questioned who was going to implement this and whether it was going to be done free of charge and Mrs. Jackson replied that it would he similar to a credit union deduction. ~yor Zack added that a statement must go to the Finance Department° Mr. Kohl clarifie~ that it Wo~l~ ~e similar to a card file an~ the City dOeS not participate except for the eqmipment with it going through the computer, N~. Strnad stated that taxpayers' money was involve~ and it should go out for bid. ~. Caldwell requested a point of discussion and Mr. Strnad replied that he excused himself ~ecause he said he did not want any involvement in this. ~. Caldwell statedhe just wanted to ask a question. Mayor Zack referred to there being a motiom on the floor and ~So Jackson called the question. As requested, ¥~s. Padgett took a roll call vote on the motion as follows: Vice Mayor Jackson - Aye Councilman Strnad - No Councilman DeMarce ~ Aye N~vor Zack - Mo Motion tied 2-2o Mayor Zack then handed the gavel to Vice Mayor Jackson and made a motion that a request be received from the employees asking the City Council to go out for bids and also, the City Council shall appoint five people to serve as a screening committee consisting of the City Clerk, one depa~tment head~ one representative from the Police and Fire Departments, and two general employees~ Mr. Strnad seconded the motion. ~nder discussion, M~. Caldwell asked if he could vote on this and Mr. Strnad replied they were Still on the same subject. Mrs. Jackson ~tated she thought the Council was getting involved in something they should not and state~ she could not vote on having the Council screen the five companies. ~yor Zack rephrased his motion to have the committee submit three recommendations. Mr. Moore asked if he meant the City Council would make the selection of who would handle the pro- g~am arid ~yor Zack replied that the committee would make three recommendations. Mr. Moore informed him that only one company could manage the plan and Mayor Zack replied that there could be more than one as he has checked into it. MINUTES - REGUL&R CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEF~ER 6, 1 977 ¥~s. Padgett then took m roll call vote as requested on this motion as follows: Csuncilman Strnad - Aye Councilman De~rco - No Vice Mayor Jackson - No Mayor Zack - Aye Motion tied 2-2. Mr. DeMarco made a motion that this come up for bid and the best Bid be accepted with a recommendation to the City em- ployees and department heads. Mayor Zack ascertained that this Lotion died for lack of a second. M~yor Zack suggested waiting until the next meeting and thinking about this further. ~. Caldweil stated he thought he could give them some infor- mation which might be helpful in understanding this. He explained the agreement which an employee enters with the corporation or governmental body in this plan. He explained how the amo~ut would be withheld before the employee takes possession of it so it is not taxed. The point of the reso- lution is the City must agree they will withhold from the employee's ~oheck and the employee will not be taxed on the money going into the plan. On the question of bids, they are getting hung up on a cost oriented situation. Bids should not be requested~ but company ~p~ci£ications as to the number o£ agents ~handling it, Florida license, limits, charges, etc~ Every company has v~riations of these de_~end- ing on the size body they are sending specif'ications for. Whenever this prestigious body decides to initiate this pro- gram, it will benefit the employees and it is the employees' money involved. He suggests that the committee not ask for bids, but company specifications as to how the company intends to administer the plan. H~ did initiate the concept before his election, but even if Aetna gets this, he i~ no way will receive one penny in commission. If they woul~ like a letter from the home office i~ ~onnecticut, he is sure they will oblige. Mayor Zack suggested moving en and ~. Caldwell replied that it was not time to move on. Ma~or Zack refer- red to him saying the same thing as previously and Jackson moved to go on to Item D. Other Consider Agreement Between the City and Wallace~ McHarg, Roberts and To~d~ Architects and Urban Planners M~~. Mohl referred to submitting a proposed contract with the above planning consult~uts to complete requirements of the Local Government Comprehensive Planning Act of 1975 (L.G.C.P.A.). The City staff consisting o£ the Gity Planner, -18- MINUTES - REGULAR CiT~ COUNCIL MEETING BOYNTON BEACH, FLOR!DA SEPTEMBER 6, 1977 Utilities Director, Building Official, Recreation Director, City Engineer and Deputy City Engineer recommends we award the contract to the above firm. This firm was chosen after three plar~ing firms were interviewed By the City technical staff~ Following the staff selection, the consultant dis- cussed the scope of services with the City Plan~er and sub- sequently submitted a contract proposal. F~rther, thi~ con- tract was reviewed by the~City Planner for compliance with the requirements of the L.G.C.P.~ and was approved by the City Attorney as to form. If Council approves, we respect- fully request the City Attorney prepare the necessary reso- lution so we may proceed with this very important project. As you know, this is~m~ndated by the State G~o~ernment. M~or Zack stated he hoped the Council members had all read a copy of the draft. He referred to the cost being $35,000 and asked if~any was reimbursable and Mr~ Kohl replied that they were applying for it. Mrs. Jackson moved to instruct the City Attorney to draw up the necessary resolution, so we can proceed with this, seconded by ~. DeMarco. No discussion. Motion carried 5-0. N~. Moore referred to there bei~g a time limit and advised that he had prepared the appropriate resolution and draft. He then read proposed Resolution No. 76-XX. ~yor Eack stated he would have liked for a copy of this resolution to have been submitted to the Council members. ¥~. DeMarco moved the adoption of Resolution No~ 76-XX, seconded by ~. Caldwello No discussion, Mrs. Padgett took a roll call vote on the motion a~ follows: Councilman Caldwell - Aye Councilman DeMarco Aye ~ice M~vor Jackson - Aye Councilman ~trnad Aye Mayor Zack Aye Motion carried 5~0. Discussion of Deferred Compensation Plan Continued ~s. Jackson referred to not taking ~inal action on this subject and Mayor Zack recommended that a letter from the general employees be submitted to obtain specifications. M~s. Jackson moved to strike this from the agenda and turn over to the employees to get specifications from the various insurance companies. Mr. DeMarco questioned how this would help, if they w~ut a bid, it should be advertised for Bids. M~s. Jackson stated she did not wart something just hanging on the agenda, but Mayor Zack ascertained that the motion died for lack of a second. MINU~S - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA SEPTEMBER 6 , 1 977 ¥~yor Zack suggested publishing if the Council cares to or have a letter from the City employees asking us to secure specifications. M~r. Caldwell replied that for organization sake, he thinks someone should designate a committee. Mr. Kohl referred to the Persomuel Director taking care of things like this and suggested having him ts_lk to the employees re- garding a ballot. M~. De~iarco moved to turn this over to the Personnel Director mud have a ballot or whatever is necessary. Mrs. Jackson seconded the motion. Under discussion, Mr. Strnad referred to this being o~ of order with jumping around on agenda items and M~s. Jackson stated that' she had pointed out to the M~yor that this had not been taken care of. Mr. DeMarco clarified that his motion was to turn this over to the Per- sonnel Director and have him check with the employees £or recommendations. As requested, Mrs. Padgett then took a roll call vote om the motion as follows: Councilman De~mrco Aye Vice Mayor Jackson - Aye Councilman Strnad No M~yor Zack No Motion tied 2-2. M~yor ~ack turned the gavel over to Vice ~yor Jackson and made a motion to receive a request from the City employees asking us to proceed and get specifications from various companies in the surrounding areas and a committee shalI be comprised of the City Clerk as Chairlady, a representative from the Police and Fire Departments, one department head, and two general employees. Mr. De~rco seconded the motion. Under discussion, Mr. Strnad asked how many employees were going to be consulted and ~. DeMarco replied: 100%. Mayor Zack added that it would be on a voluntary basis. M~s. Jackson stated that even if only one person wanted it, the computer would have to be set up. ~. DeMarco added that people will need help when they get older and this is a de- ferred plan which may be needed by some. As reeuested, Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Jack, on - Aye Councilman Strnad - Aye Councilman DeManco - Aye Mayor Zack - Aye Motion carried 4-0. OLD BUSINESS -20- MINUTES - REGULAR CITY COUNC~L MEETING SEPTEI~ER 6, 1977 BOYNTON BEACH, FLORIDA Earl Pratt Law Suit - Re: ~'ater Softening (Tabled) Mr. DeMarco made a motion to take this from the table, seconded by Mrs. Jackson. Motion carried 5-0. Mayor Zack asked the City Attorney if he thought it would be best to have this case heard on SeptemBer 15 in case lime softening is required and Mx. Moore replied that he discussed this with the attorney for the appellant and in light of the action taken by the Council, action would be moot. Mrs. Jackson added that if it changes, they would have °to sue the DER. ~yor Zack stated he was concerned not to have another law suit. ~. Moore clarified that the thrust of the suit was to stop lime softening and now the City has stopped it. F~Jor Zack stated he was concerned when a mandate comes back that we may have to install lime softening and will there Be another case and Me. Moore replied: no, the issue will be decided at this time. Mr. Caldwell questioned the action to take and Mr. Moore in- formed him that the hearing is September 15, but he does not think any action is necessary because thereCis no case at the present time. ~. Caldwell moved to strike this from the agenda, seconded by Mrs. Jackson. No discussion. Motion carried 5-0. Mmyor Eack requested the City Manager to contact Reed & Smodish advising them of this decision. ~meter~y Board Mayor Zack referred to the request for the mausoleum from the Chairman of the Cemetery Board and advised that to date, the C~metery Board has received no official wor~ from the City Council regarding the mausoleum. At the AFgust 2 meeting, the City Attorney stated the ordinance could be amended and the City Council could expend monies from surplus. However, the City Manager informed the Cemetery Board that the City has no surplus funds. Since funds for the chemicals were included i~ the budget for lime softening and letters were read at the Special Meeting that lime softening was not needed; therefore, we do hmve surplus funds. F~. Kohl informed him that these funds had nothing to do with the General Fund. Mayor Zack continued that this is too small an item for a refsrendum and asked if it is possible to ex_oend money from the surplus funds with the cemetery funds? He would ld/~e a decision made tonight as to what we plan to do. ~s. Jackson stated that the money for the lime softening could not be used for this purpose, but must be for sewer and water according to the bonds. F~. De~rco asked if we could loan them money and ~. Kohl replied: no, the budget -21- MINUTES - REGULAR CITY COUNCIL MEETL~G BOYNTON BEACE, FLORIDA SEPTEMBER 6, ~ 977 has been adopted and unappropriated surplus~has been used. The lime softening has nothing to do with this. N~-or Zack clarified that he was referring to the mo~ey involved and Mr. Kohl informed him that it is in the Tater and Sewer Fund and not the General Fund. We cannot use Utility Fund money for the mausoleum. Mr. DeMarco questioned what money could be used and Me. Kohl replied that we do not have any. Mayor Zack asked if there was no surplus fund whatsoever and M~~. Kohl informed him it was all used in the budget for the dif- ferent items listed. Mayor Zack questioned the City Council obtaining a loan for this purpose and Mr. Moore replied that he did not know where they would get the money. M~nyor Zack referred to a ba~_~k send- ing a letter in regards to a loan and Mr. Moore informed him that the Cemetery Board has no authority to borrow money. ~myor Zack suggested that some action be taken. Mm. DeFmrco s~ated he thought a resolution would be drawn where it wo~ld be possible to get this loan and Mayor Zack agreed this had been discussed, hut no action was take~. Mr. Kohl stated that it was referred back to the City Attorney for research. Mm. Moore informed them that the Cemetery Board cannot borrow money from anyone. The City Council may borrow money, but must pledge collateral. Mr. DeMarco made a motion to put this on referendmm for this coming year. Ne. Caldwell seconded the motion, but questioned if there was any other alternative. Mrs, Jackson added that she definitely feels this should go to referendum even though a small item. Motion carried 5-0. F~. Moore asked ~ho was going to be vested with the responsi- bility of implementing ~his referendum item and Mr. DeF~%rco replied that he thoughtlthe Cemetery Board could handle most of it. Mayor Zack agreed and suggested contacting the Chair- man of the Cemetery Bo~a~d~ Mr. Moore referred to the back- ground informatioh need~d~and Mayor Zack requested the City Clerk to relay this information to the Cemetery Board. BUSINESS Consider the Purchase of Two (2) Parcels of Land for Two (2) Lift Stations for Re$ional Plant N~. Kohl referred to being mandated by Federal Law to obtain these two appraisals and referred to the letter dated July 31 from Hank Thompson Realty, Inc., covering these. Mayor Zack questioned only this one appraisal being submitted and ~. Strnad added that he is a good friend of Hank Thompson and highly regards his intelligence in this particulse field, but feels a mistake could be made. M~yor Eack suggested obtaining tS~ee and Mr. Strnad agreed, especially for this amount of money. -22- MINUTW~S - REGULAR CITY COUNCIL MEETI~G SEPTEMBER 6, 1977 BOYNTON BEACH, FLORIDA M~. DeM~rco made a motio~ to have t_hree appraisals, seconded by Mr. Strnad. No discussion. Motion ca~rie~ 5-0. Consider License Agreement Between the City and the Coopera- tive Dispatch Center F~. Kohl read the cover letter transmitted with the Space Rental Agreement for the site located at the water tank, 222 N. E. Ninth Avenue, from Lt. John J. Oliver, Chairman, Board of Administration, Cooperative Dispatch Center, dated August 8, 1977. Mayor Zack asked if the City Attorney had reviewed the agreement and Mr. Moore replied: yes, it is i~ the proper form. M~. DeMarco moved to accept the agreement and have it signed ~y the proper authorities, seconded by Mrs. Jackson. No discussion. Motion carried 5-0. Consider Traffic Control Agreement - Woolbright Road (15th Ave.) & Congress ~venue (S~Ro 807) M~. Kohl read the attached letter dated August 24, ~977, from Charles R. Walker, Jr., POE., Director, Traffic Division, perta~n~g to the above traffic control agreement. M~yor Zack asked if Boynton West Development Corp. had been contacted in reference to this $15,000 and M~o Kohl replies that they have and don't plan to pay it right now, but will have to pay it. ~. Strnad questioned the total cost of the light and Mr. Kohl informed him it was $15,000. Mr. Strna~ stated that it wouldn't cost the City anything &nd Mr. Kohl agreed this wa~ correct. ~s. Jackson moved to have the proper authorities sign the agreement for this traffic light, seconded by N~. DeMarco. No discussion. Motion carried 5-0. Consider Traffic Control Agreement - Woolbright Rd. (15th ~ve.) & S. ~ 18th Street Mr. Kohl read the attached letter dated August 26, 1977, from Charles R. ~alker, Jr., POE., Director, Traffic Division, pertaining to the above traffic control agreement. He added that this is the one the City has to pay for. ~ayor Zack stated that the cost wa~ included in the budget. Er. DeMarc~ made a motion to have the proper authorities sign this agreement, seconded by ¥~o Caldwell. Under discussion, ~ Caldwell asked if a study had been made of this intersec- tion and ~. DeMarco replied: yes, it is real dangereuE. Motion carried 5~0. -23- MINUTES - REGULAR CITY COUNCIL MEETiNG SEPTE~BER 6, I977 EOYNTON BEACH, FLOR_l-DA Consider Permissive Use Agreement - Re: Palm Beach County Nutrition Program Mr. Kohl read the attached letter dated August 17, 1977, from Robert E. Baldwim, Director, Department of H'~mma~Resources, pertaining to this agreement. Mr. Kohl advised that this program would be held at the Boat Club located 210 North Federal Highway. Mayor Zack cIarified that it was the same agreement, but a change of location. F~rs. Jackson moved to have the proper authorities execute the agreement, seconded hy Mr. Caldwell. No discussion. Motion carried 5-0. Discuss Items for Referendum - ~i~e ~vor Emily M. Jackson M.~s. Jackson anmounced that she £eels now is the time to prepare for a referendum. 'They have already discussed the mausoleum and she would like to k~ow if the Goldberg property is still available and >~. Kohl replied that he has made a phone call, hut has not gotten a response. Mr. Strnad referred to the deadline being during the first week in September and ~s. Jackson stated she thirties we should find out a6out this. N~s. Jackson then referred to talking about a straw vote for a golf course and the purchase of the land should be con- sidered and if the people would be willing to pay for this. The question is whether they should pay for it. Mr. DeMarco s~ggested voting on the item~ individually. ~s. jack, on meved to look into the feasibility of placing the Goldberg property om a ballot for a boat ramp, seconded by M~. DeMarco. No discussion. Motion carried 5-0. N~s. Jackson referred to a golf course and suggested that a sketchy feasibility study be made regarding the cost o~ the land, approximate size needed, whether to charge a greens ~ee, etc. M~. DeM~rco stated that the Melear property is still available and he would love for the City to have it. Mayor Zack stated that this was ~89~cm~s involved at the cost of $5,000 per acre and he explained how it Would cost over $3,000,000 Before touching the ground. He added that a recreation complex would cost approximately $2,000,000. He obtained this informatio~ from an e~chitect for gcl~ courses and they are talking about 5½ million dollars. He questions whether the people are going to vote for this. Mrs. Jackson replied tha~ it should be put on the ballot to give them a chance to vote on it. >~. Del~rco agreed that the people should be given a choice. He questioned the cost for a re- ferendum and N~s. Jackson replied that if it is put on the regular ballot for the election, it will only cost for the printing. ~24- MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA SEPTEMBER 6, 1977 M~s. Jackson moved to put this up for a vote and to specify whether they are willing to pay 5½ million dollars for a golf course. Mayor Eack stated he thought it should be enumerated rathsr tha~ state an approximate cost. He suggests listing the cost to each taxpayer. Also, the question is whether the taxpayer will have to pay to play. Ms. De~rco then seconded the motion. Under discussion, Mr. Caldwell asked what happened to the idea brought before the Co~cil about the man saying he would give us land if we would develop it and M~yor Zack replied that this information had not been received in writing as requested. F~. DeMarco added that it would strictly be a lease and not a donation of the land. Mss. Jackson added that if there were any other pieces of property, they should be considered. As requested, Padgett took a roll call vote on the motion as follows: Councilman Strnad - No Councilman Caldwell - Aye Councilman DeMarco - Aye Vice Mayor Jackson - Aye ~yor Zack - No Motion carried 3-2. ABMINISTRATIVE Consider Request of Curt G. Joa, Inc. for Extension of Water T,i~es Mx~. Kohl read his letter dated Au~ast 18, 1977 to ~¢r. Eli N. Vance, II~, of Curt G. Joa, Inc. as follows: ~We wish to advise that your request for water lines to your plant site will be presented to our City Council at their Regular Meeting of September'S, 1977. I anticipate no problem with your request. However, it should be understood that the cost of the lines and all necessary cor~uections thereto would be at the owners expense. In addition, all City requirements must be met when the installations are made." Mayor Zack stated he thinks past experiences with this gentle- ma~ have been highly~r~c~mm~s. I~. DeMarco moved to gr~at this request, seconded by N~. Caldwell. No discussion. Motion carried 5-0. Report on Fixture Count~ ~a~er Usage and Water Rates ~¢~. Kohl read his attached letter dated September 1, 1977, regarding the sewer rates sent to M~. M~lton L. Hallman, Jr., ~ice President, Russell & ~¢xon, amd R~. A1 C. Shepard, William R. Hough & Co. -25- M~TES - P~GULA~R CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEF~ER6, 1977 Mayor Zack asked when he expected an answer and ~. Kohl re- plied that he hoped within ten days. P~or Zack stated we must m~et our obligation plus en~e~rgencies. Mayor Zack asked if.'any men were working on this a_nd Mr. Kohl replied that no~e were at this time. Mayor Zack ~ked how ~ruch of the survey was completed and Ma~. Kohl replied approximately 2/3. Mayor Zack asked if he planned to com- plete~ it and M~. Kohl replied that he was waiting ~or a~ answer, t~yor Zack stated he thought they should have a complete sur~ey and Mr. Moore ad~ed~tha% they started some- thing and should complete it. Mr. De~zr¢o referred to it already trroving a point with having more f~wtures than shown and it needs re~isio~. Mr. Kohl added that if we go to a fixture count, we ~st charge accordingly and must have a complete reading. Mayor Zack questioned how long it would take to complete the survey and M~. Kohl replied that it could ~e completed within a month. Mr. De~rco s~ked if it was the idea to do away with the fixture charge and M~yor Zack replied that a decision could not he made ~ntil we have the exact ~umBer of fixtures. He persomally feels we should complete the survey. Mr. Caldwell moved to start up the survey ~nd complete it as soon as possible, seconded by M~s. Jackson. Under discussion, N~. Strnad asked if there were enough men to implement this and ~. Kohl replied that he would get it done. Motion car- ried 5-0. Consider Proposed Subdivision Regulations Mr. Kohl referred to informing the Council on August 24th that he received the above and had it available in his o£fice. This replaces the out-of-date existing subdivision regulations (Chapter 25-A) of the Code. The Planning & Zoning Board has contributed many hours~of workshop revie~ on this very signi- ficant document which is vitally important to the City. The Planning ~ Zoning Board unanimously recommended approval of the proposed regulations. Motion was made by M~. Lambert and seconded by ~. Winter. If Council approves, the City Attorney should Be directed to prepare ~ne appropriate docu- ment accepting these reg~latior~. Mayor Zack Stated he had taken this lengthy subdivision regu- lation home over the weekend and read it~ ~s. Jackson asker if anything was includedabout piling er if only demucking was allowed and Mr. Clark informed her that this was basically the County Subdivision Ordinance and ~. Bill Flushing worked on it, He does not remember anything specifically about demucking, butall plans must be approved by the Engineering Department. Mrs. Jackson referred to -26- MINUTES - REGULAR CITY COUNCIL MEETING EOYNTON BF~CH, FLORIDA SEPTEP~ER 6, 1977 there being reference to excavating and stated that piling should be mentioned, so the people don't think they don~t have-to do it and ~. Clark informed her there was another ordinance, Chapter IO, covering this requiring a permit be obtained from the City Council by applying to the Building ~epartment Eor excavation with a bond requ~ed. ~h~s~ Jackson then stated that 21 months seeme~ like a long time~omst.~a~t to finish and Mr. Cl~k ~greed this was true, ~ num~e~ of subdivisions have been going on for three to four years such as Golfview Harbour and Leisure- ville. The larger subdivisions take years° Mrs. Jackson clarified that she was wondering whether this was a hard and fast rule ~d Mro Clark informe~ her that this is the maxi- Mayor Zack asked if this was in line with the County Subdivi- sion Ordinance and N~. Clark informed him that the County has made some changes and they made a few changes which were nec- essary for the BoyRton Beach area. ~s. Jackson referred to the request to have the City Attorney draw up the appropriate document and M~o Clark explained that legal treatment was at the front and back. Mrs. Jackson made a motion that the City Attorney prepare the appropriate document accepting the subdivision regulations, seconded by Mr. Caldwel!. No discussion. Motion carried 5-0. Disc~s Board of Adjustment - Vice ~&~yor Em~y Mo Jackso~ N~s. Jackson referred to reading the minutes from the Board of ~djustment meetings and suggested that the City Attorney sit at a meeting in the future and explain their purpose and that there ~ast be a hardship existing and csN~ot be sel~imposed. She thinks it should be pointed out that an option to buy should not be constituted a hardship. A conflict of interest should mean that the member should not remain seated on the pedium. She thimks the Bo~J~ is groping and needs help. She thinks the City Attorney should sit in at the next meeting and give ~idelines. Mayor Zack agreed and stated that he has also read the minutes, but thinks a request should come from the Board of Adjustment sLuce they have the power and authority. M~. Moore informed the Council that the Board of A~justment has asked him for opinions o~ numerous occassions, but basically for administrative problems. He has spent a good deal of time in general correspondence with them. Their functions are set forth in the ordinance. -27- MI~JTES - REGULAR CI~ COUNCIL MEETING B0¥NTON BEACH, FLOR~A SEPTEM~ER 6, 1977 M~. DeM~co stated that he attended the last meeting and thinks the Board needs some help suud thinks the City Attor- ney guiding them at one meeting would help. Mayor Zack replied that he thinks the request should come from the Board of Adjustment. Mzrs. Jackson remarked that the Board might not know they need help. Fr. Moore referred to the Board having had some complex problems and he does not know if legal input would help them or not. He feels a request should come from the Board Mud they are floundering. F~s. Padgett informed the Council that Mrs. Janet Hall had requested to speak o~ this item. M~so Janet Hall, Sea mst Marina, appeared Before the COuncil. She informed the Council that she has attended several Board of Adjustment meetings and has read through pages of their minutes. She explained that she was concerned with making an appeal with- in the 30 dacv limit. She referred to a decision made 29 days.ago and advised that a re-hearing was called for August 8 aha at that time, a motion was made to re-affirm their action taken at the last meet~ug, but it died for lack of a second. She would like the City Attorney's opinion on the status of this. ~. Moors replied that there could be some technical point; however, ~ person aggrieved can appeal a decision. This recourse would have to be tkrough the circuit court and his position may be to defend the Board of Adjust- ment~s position, so he would have to decline his opinion at this time. M~s. Hall questioned the present status of the decision made by the Board and Fy. Moore replied that he could not make that decision. ~o DeMarco stated he did not think the Board of Adjustment had made a decision and ~s. Jackson agreed they did not. Mayor Zack stated this ws~ not the Council's responsibility and he does not think we should be involved. F~s. Hall stated that there was a decision made and if it stands, they have until tomorrow to make an appeal, but if not, there is no time limit. Major Zack replied that if there is a chance to appeal it, an appeal shouYd be filed. Fm. Caldwell clarified that the Board ~mde a decision at a previous meeting, then at the following meeting a motion was made for re-affirmation of their de~s~on and it died for lack of a second; therefore~ the original motion stands. ~. Charles Rodriguez appeared before the Council and clari- fied that the Board of Adjustment first actually reconsidered the original approval in July. A motion to re-affirm failed to get a second and the only status they are in is reconsid- eration of theirdecision.· ' The attorney stated they comld affirm, deny or amend. See Min. Of 9/20/77 -28- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEmbER ~ o, 1977 Mr. Moore stated that it is a very tenuous position because the Council has no authority over that particular Board. The only recourse is to appe~lto the circuit court. Mme. Hall stated again that she was only trying to find out the Board's decision. She has attended two public hearings, but does not kuow the result. ~myor Zack suggested that she go back to the Eoard of Adjustment. Nm. Rodriguez referred to the City Council appointir~ ~he members to the Board of AdjUstment and stated that to some degree, he thinks there would Be some interrelationship and if there was the feeling that the Board is going astra~, it would be the basis for an informal discussion. N~. Strnad referred to this Board being a quasi-judicial bo~y and stated that the Council could not inject their thoughts. The only recourse is through a hig~court of the proper jurisdiction. Request Approval of Final Plat of Cranbro~Lake Estates ?~. Kohl informed the Council that the final plat of Cran- brook Lake Estates, located at the So W. corner of Golf Road and Congress Avenue, was submitted by Ms. Stanley Olesiewicz for ~. Joseph Cogen. The Planning & Zoning Board at their meeting of June 14, 1977, unanimously recommended approval of the fiRal plat subject to the posting of a perfOrmanee bond and the submission of a legally constituted maintenance agree- ment to the City Attorney for his review as reG£Gired by ordi- nance. The motion to approve was made by Mr. Lambert and seconded by Ns. Winter. Since the a~ove action was taken, a Letter of Credit has been submitted to the City and the linen has been filed with the City Clerk. The request of Fh~. Joseph Cogen and the recommendations of the department heads involved with the project have been submitted to the Council members. He respectfully requests Council's approval on the final plat as well as M~. Cogen's request to begin work immed- iately on the Lake Worth Drainage District Canal running through this property. Nss. Jackson moved to accept this plat subject to permits from the Lake Worth Drainage District and other regulatory agencies and this not be allowed to commence until the plat is recorded, seconded by ~. DeMarco. No discussion. Motion carried 5-0. Request Approval of South Central Regional Wastewater Treat- ~ent Disposal Board Budget Mm. Kohl read the following memo dated August 19, 1977, from 5~. Anthony J. Canon, C.E.O. ~29- MI~=JTES - REGULAR CIT~ COUNCIL ~ETING BOYNTON BEACH, FLORIDA SEPTEmbER 6, 1977 "in accordance with conditions of the Interiocal Agree- ment, certain actions of the SC~RWTD Board are subject to approval by the individual City Council actions of Boy,ton Beach and Delray Beach. In this regard, the SCR~TD Budget, herewith attached, was approved by the Board at the meeting of August I8, 1977. It would be appreciated if you would place this matter before your Council's next meeting for their ap_.ur oval." Mayor Zack added that F~. Canon expressed his apologies for not being able to attend this e~ening, but had to attend a meeting in Ocean Ridge. Fm. Caidwell asked if the figures reflected the salary adjust- ments and M~s. Jackson replied that this is the Budget passed at the Board meeting. Mr. DeYm~rco added that the adjustment was going to be made somewhere else. Mr. DeMarco moved to grant approval, seconded by ¥~. Strnad. NO discussion. Motion carried 5-0. Receipt of Resignation - ~. Paul Scoggins, Alternate, Board .of Adjustment Mrs. Jackson moved to accept the resignation of M~. Scoggins with regret, seconded by ¥~. Caldwel!. No discussion. Motion carried 5-0. Discussion of Cranbrook Lake Estates (Continued) M~. Kohl referred to ~. Cogen requesting to begin work i~ed- iately on the Lake Worth Drainage District Canal running through his property and ~s, Jackson replied that the plat must be recorded according to the City Planner and City Engi- neer. N~. Annunziato clarified that there were three things involved: approval of the plat, commence construction of the Lake Worth Drainage canal, and construction of the plat itself. M~. Cogen has asked that construction of the plat itself not he allowed until the plat is recorded, but the digging of the canal is a separate item. He referred to bringing the relo- cation of the canal to the Council's attention 8md stated that the canal will be there whether the plat is approved ~r not. Mr. Annunziato clarified that the recommendations were to recommend approval of the plat subject to staff recommenda- tions, recommend that construction be commenced of the Lake Worth Drainage District canal at this point, ~ud the plat requirements not commenc~ ~mti! the plat is recorded. ~s. Jackson moved to rescind her previous motion, seconded hy Mr. DeN~rco. No discussion. Motion ca_wried 5-0. MINUTES - REGU!~_ CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA SEPTEMBER 6, 1977 ~. Moore asked if other bonding was required for the sxcava~ tion 2ud Me. Ann~nziato replied that it was included because there was no backfill. Mr. Caldwell made a motion to recommend approval of the plat subject to staff recommendations, recommend that construction be comEenced of the Lake Worth Drainage District canal at this point, and the plat requirements not commence until the plat is recorded. ¥~s. Jackson seconded the motion. No discussion~ Motion carried ~ppoint ~lternate Member to Board of Adjustment M~ayor Zack ~certa~ued there were no recommendations from the Council members~ M~. Caldwell moved to table this, seconded by N~. DeMarcoo Motion carried 5~0. Consider Requests of Cemetery Board: ?. Request of Frank Wo Petze for Refund 2. Recuest of N~so F~r~orie J. Israel for Refund N~s. Jackson moved to refund the purchase price less 20~ on these two requests~ seconded by Neo Caldwell. No discussion. Motion carried 5~0o ~pplication for Permit to Solicit - National Multiple Sclerosis Societ~ - Gold Coast FIorida Chapter M~. Kohl read the a~plication. Mrs. Jackson moved to gr~ut permission, seconded by Me. Ca!~ell. No discussion. Motion carried Consider Zoning for New Beverage ~pp!ication - Catherine Thomas and Ruby James~ 130 N. E. ~Oth Avenue (10th Ave. ~arket) M~. Kohl read the application. M~. DeM~co moved to grant, seconded by N~. Caldwel!o No discussion. Motion carried 5~0o ?pproval of Bills Kohl read the following bills for approval: Microfilm Center $ 1,775.6~ M~crofilming and jackets Pay from budgeted funds 00~-870o76 2. Board of County Commissioners . Garbage disposal at CouRty Landf~ll P~y from Eunds appropriated 00~-853o37 6,432.O0 -31- MLNUTES - REGULAR CITY COUNCIL METING SEPTEmbER 6, 1977 BOYNTON BEACH, FLORIDA ® Penwalt Corpe Chemicals for Sewer Plant P~ from Acco~ut 001-822o65 Council approved over-expenditure 6/2t/77 2,576.14 Rubin Construction Co. Concrete for streets Psy from~Anti-Recession F~nds 003-854.35 Subject ~o passage of Ordinance ~77~3 on second read,ag 9/6/?~ 1,561.90 BiS Chief Demolition of structures at 2923 ~. Federal Highway To be reimbursed 1,726.00 Nalco Chemical ~oo Chemicals for Sewer Plant Pay from Account O30~822.65 Council authorized over-expenditure 6/21/77 ,352 ~88 Underground Supply Co~ Inc. Water Main supplies Pay from budgeted funds 030-8t2.57 ,582.05 Aerial & Hydraulic Equipment Aerial platform truc~ Pay from Anti-Recession F~ttuds 001-851.79 Council approved 3/~5/77 25,132.50 Carpe~ter~ F~a~ & Bremer Additional fees for accounting purposes Pay from Accounts 001-830.21 - $ 699.00 030-802.21 $ 1,270.00 Subject to approval of transfer 969. O0 Penwalt Corp. Chemicals for Sewer Plant Pay from Account 030-822.65 Council authorized over-expenditure 6/21/77 2,544.89 Russell &Axon 626-68~-04~4 #2 Engineering services for Regional Lift Stations ~ud Force Mains permits and easements Pay from Utility General Fund 030-215 Authorization dated 11/19/72 ,272.40 R~sell & Axon 626-681~08~3 #~ Consulting services during construction of Water Facilities Expansion - Water Treat- ment Plant Pay from Utility General Fund 030-205 Authorization dated 5/8/74 3,772.94 ~32~ MINUTES - REGULAR CITY COUNCIL MEETLNG BOYNTON BEACH, FLORIDA SEPTEmbER 6, 1977 t3. Russell & Axon 626-681-08-6~ #13 $ 7,231.56 Resident inspection and engineering ser- vices durLug construction at Water Treatment Plant and Warehouse Pay from Utility General Fund 030-205 14. Intercount$- Construction Est. #12 234,812.97 ~ater Treatment Plant Expansion Pay from Atlantic National Bamk 1975B Series Contract dated 7/9/76 ]5. Willie Ruth McGrad7 144.00 Server for Senior Citizens Club - 3 weeks Pay from encumbered funds 020-507 Ordinance #73-15, passed 5/15/73 16. Isiah Andrews 165,00 Driver~for Senior Citizens Club - 3 weeks Pay from encumbered funds 020-50? Ordinance #73-15, passed 5/~5/73 17. Allen Insurance Agenc~ 2,186,00 Addition~~l premium for nee cars and building Pay from accounts 001-506 $],538o00 030-830.36 ~ $ 648.00 Mm. Kohl stated that the bills described have been approved and verified by the department heads involved; checked and approved for psyment by the F±nance Department; funds are available in their respective budgets. He therefore recom- mends payment of these bills. He added that Russell & Axon have included the number of hours, who spen~ them, etc. Mayor Zack referred to Item 9 ~ud cuestioned what this in- cluded and Mr. Kohl informed him t~at this was for the help in procurinE a new accountant and some additional accountLug fees for work they have been doing in the Finauce Department. Mayor Zack asked if it involved the budget making process and Mr. Kohl reolied: no. Mayor Zack asked if everything was included so-far and ~. Kohl replied that he was quite sure it is up-to~date. M~. Caldweil referred to the bill from Allen Insurance and asked what had happened to self-insurance and ~. Kohl replied that it has gone by the wayside for this year because the budget has been approved. ~mJor Zack referred to West Palm B~ach being interested and stated that he thinks we are large enough. F~. Kohl advised that he talked to a co~pl~ but they were not interested. ~. Caldwell moved to pay the bills, seconded by .~s. Jackson~ No discussion. Motion carried 5~0. MINUTES - REGUI~M CITY COUNCIL M~ETiNG BOYNTOE B~ACH, FLORIDA SEPTE~ER 6, 1977 Transfer of Funds Water Treatment Plant - Mu. Kohl requested this transfer from the Finance Department to the Tater Treatment Plant to cover estimated expenditures to the end of the year in the amount o£ $150.00. Water Dls~But~on and Sewage Collection - Mr. Kohl informed the Counci~ that this was $500.00 for the Broward ~mp to cower o~er-expenditure on the Broward Pump. Audit Fees - ¥~. Kohl requested $699.00 for the audit and $~,270.00 for the a~dit to cover additional audit fees. ~yor Zack referred to there being two items for audit fees and asked what audit was Being done and Mr. Kohl informed him that he would get the ~ill after the meeting. R~s. Jackson moved to transfer the funds as requested, seconded by M~. Caldwell. No discussion. Motion carried ADJOUI~ENT Motion carried at 10:t0 P. M. ATT~ST: Jackson moved to adjourn, seconded by ~. DeMarco. 5~0 and the meeting was properly adjourned City Cler~ Recorming 5~cre~ary (Three Tapes ) -34- CiTT OF BOTNTON BEACH, FLORIDA .~ /~/Vice Mayor ~ ~nci! .~ember Co ~uncil Member F T T , A~gust 29~ !977 Non. Joseph Zack Ma C~ ;y Hail ~oynto n Beach, Dear Mayor Zack: It is our understanding that the City Manager called a lommunity Promotion Board Mee~no on Tuesday, August 23rd. At this ~.~ee~ng~' he requested the support to remo~e the C~tv Board ~ - ~ a~nner £rom ~he ou~ o£ town restaurant. of the four membems presen~ City of Boyn~on Beae~ to an His'reasoning for doing'so being that the ' ,~ -",~ ~ ...... ' ............ presem. We objecv s~renuously ~o his disloyalty as e '~ ~ proposed actions detailed below: ~vm .... c~ by his We are 'ousiness men of this City who add substantially vo the revenues of-the Oity by paying zaxes, water, sewer and garbage bil~s as well as yearly o ~' L - ccupa ~ona licenses. 2. The business men ofthis community should be supported not opposed by our City offic, ials. We · -~- ~Sld~,~ and doesn't pay vaxes ~now Mr. Kohl is a Lake Park ro ' ~ here. However, his salary of $30,000. pew year pins $1,200. car ..... owance is be~n~ paiO by our zaxes; He should be loyal zo the people who arepay~ng~ him. ' "Ubsr~ty be~Ns at nome, Hr. ~[o?~!". Ait~ough yo~ are no~ a resi~ dent of this ]ivy, as City Mansger we would expec~ you to hsve some concern and re~ard for the ~aKpayers of this community. ~y its definition the Boynton Beach Community Promotion Board should PROMOTE [N[~S CITY and not suppor~ other cities~ if t~ls~ Board dec~des to accept Mr. ~oh~'~ reeommer~tion on +his issue, defeating its purpose[~ Mr. Kohl's desires ~o presens a musical extravaganza ev the City Beard dinner is nothing more than his efforvs l~riands from other communities in the en~ertainmen~ field at OUR OITY PUNCTIONS ay the expense of OUN PAXPAfERS. Ne has spent~v~ er $1,000. on entersalnmen~ for the last two board dirmers all as the taxpayers expense. Further, if it is the feeling of the. City Council that entertain- menv is a necess'ity at the Board dinner, we w. ou!d like ~o poinl ous that we have many talented people and several bend com~os here in "our town" who would be happy to perform but have never been asked. Mr. Kohl continues so bring in his friends from Lake Park and Wes~ Pai~ Beach. Our tal n~ed residents na~e never been given the opport~nity '~o earn this ex~ra mgney. We contend our civic min~ed residents who volunveer their services to the c~ty ~oards woul~ have a most pleasureable evening az a dinner-dance and would be willing to forego the the enzerzainmenz~ Thereby saving the taxpayers a substantial amounz of money~ In conclusion it is our contention that Mr. Kohl should spend more time attending to the important problems of the City, of which tl~ere ars many, and less time as a promotor! He was hired as our City administrator.z° save taxpayer's money and NOT an enzrepreneur ~o spend e~31orbitant amoun~ of zaxpayer~s funds unnecessarily. We suggest if Mr. Kohl persists in his musical entertainment extra- vagan~a ~ ~r -the ~oarld ~dinne~,: ~hi~-.~£~nc,tio~-be,'~el.~ a~O~U~ ~i-t~ C&~ We insisz this City ~unct~on~ ' ' rema~n~¢he' * City off Boynton Beach in its entirety ~ We ~=s ~tfull -~ p..~ y request copies be given ~o the Promotion Board and this letter be made a part next City Council meeting. members of the Community of the record at the Respectfully submitted, CC: Vice Mayor Jackson Councilman Strnad \ ~-- ~ouncilman DeMarco Councilman Caldwell Chamber of ~ ' Peggy B. Evatt, Vice-Chairman Dennis P. KoeMer Bill Mad[eh August 24, 1977 Mr. Frank Kohl City Manager City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33435 SUBJECT: Traffic Control Agreement - Woolbright Road (S. W. 15th Avenue) and Congress Avenue (SR-807) Dear Mr. Kohl: This is in reply to your letter of August 19, 1977 concerning the installation of a traffic signal at the subject intersection, it is understood that the ~Boya~on_West Development Corporation has agreed to provide $15,000o00 toward the installation of the signal. WinCh these monies are available, please forward to this office in a check made payable to the .2~,ard of County Commissioners. It is further cost to the City. To accomplish the above, it will be necessa~z to enner into the enclosed traffic control agreement. The four (4) copies of each agree~nt are to be executed by the officials of the City of Boynton Beach. ~q~en executed, please return alt copies to this office so we may present then to the Board of County Co~nissioners for execution, at which time a copy will be returned to you. Your continued cooperation in these matters is appreciated. Sincerely yours, OFFICE OF T}~ COUI~TY ENGINEER Charles R. Walker, Jr., P.E. Director, Traffic Division CR[,I :nh Eric losures: Traffic Control Agreement (4) BOX 2429 ' WEST PALM BEACH, FLOz DA 23402 ';305) 684-ZzCO _~[ Pe~,-3y B. Evalt, Vice-Chairman 3ohn C. $? Dennis P. Koeh!er BiI! Mad!on B~ll Bailey August 26, Mr. Frank Kohl City i~anager City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33435 SUBJECT: Traffic Control Agreement - ,.,oo_brzoht Road (S. W, cad S. W. 18th Street Department of E:,~neerin2 and Pu:';c Works H. F. Kah!ert Count.. Engineer 15th Avenue) Dear Mr. Kohl: This is in reply to your letter of August 19, 1977 authorizing the County to install a traffic signal at the subtec=_ intersection, It is nnder- stood that the City of Boynton Beach will reimburse the County for the initial cost of the installation, and :ha: the County will assume mainte- nance at no further cost to the City. it is estimated that the initial installation cost will be $12,500.00. To accomplish the above, it will be necessary to enter into the enclosed traffic control agreement. The four (£) copies of each agreement are to be executed by the officials of the Ci:y ~f Boynton Beach, I~en execnta~, please return all copies to this office so we may present them to the Board of County Commissioners for execution, at which time a copy will be returned to you. Your continued cooperation in these ma:tars is appreciated. Sincerely yours, OFFICE OF TH~ COUNTY ENGINEER Charles R. Walker, Jr., P.E. Director, Traffic Division CRW:mb Enclosures: Traffic Control Agreement (4) BOX 2429 WEST PALM BEACH, F LC= - A 33402 {305~ $$4-246[ Lake Lvtal Vice-CharCOal August 17, 1977 File: .N~t 4 Mr. Frank Kohl, City Manager City of Boynton Beach 120 N. E. 2nd Avenue Boynton Beach, Florida 33430 Dear Mr. Kohl: Enclosed please find a Permissive Use Agreement between The City of Boynton Beach and Palm Beach County for space to operate a congregate dining site for the Palm Beach County Nutrition Program. This agreement has been written to include the same conditions in the agreement, dated May 31, 1977, for the use of the Wilson Recreation Community Center. We are forwarding you four (4) copies of the agreement. Should this agreement meet with your approval, please return three (3) executed copies for execution by the Board of County Commissio.ners. If you should have any further e ~' qu s~ons, please do not hesitate to contact me at 837-2228. Palm Beach County appreciates your concern for senior c~tizens. S i n c e.r~>~y.~,_/~~ .~ /~BepaFtment of Human Resources / REB:SAT:cwa Enclosure BOX i 989 WEST PA'LM BEACH. F LO R~DA 33.02 . [~051~ g~ ~_222~;. , . __ BOYNTON BEACH Office of the City Manager Septeraber 1, 1977 TO: Mr Milton L. Ha!lman, Jr. Vice Pres., Russell &Axon Mr. A1 C. Shepard william R. Hough & Co. RE: Sewer Rates Gentlemen: As you gentlemen know, during the past several months, we have had part-time help employed through the Building Department checking fixture units in a substantial portion of the city. We are find- lng that, in general, we are averaging finding 1 to 2 fixtnres more than on the actual count that we are presently billing. As you know, our charges for residential sewer service are based on fixture unit count on the following basis: 0 5 $5.00 Minimum Over 5 1.00 per fixture unit We have made a survey of methods on computing sewer charges in about 15 cities. Examples of the different methods of charging are as fol- lows: Fixture Unit Count Basis Delray Beach 4 $4.50 Min.; 5 12, Over 12, 25¢ each. West Palm Beach 0 4 $4.50 Min.; 5 - 12, 75¢ ea.; Over 12, 45¢ each Mr. Milton. L. Hallman, Jr. Vice Pres., Russell & Axon Mr. A1 C. Shepard william R. Hough & Co. RE: Sewer Rates September 1, Page 2 1977 Water Consumption Basis Riviera Beach Ft. Lauderdale Bradenton Gainesville Veto Beach 0 - 5,000 Gal., $5.35; Over 5,000, (with $8.10 Maximum) 0 3,000 Gal., $3.50; Over 3,000, (No Maximum) 55¢/1,000 $1.16/1,0 G) 0 1,000 Gal., $2.84; 2 - 5,000, 74¢/1,000 Above 5,000 Gal. 69¢ (Max. $9.00) 0 4,000 Gal., $1.07/1,000 5 12,000 Gal., 73¢/1,000, plus 85¢ billing charge (Max. 12,000 Gal.) 0 3,000 Gal., $6.00; Over 3,000, 75¢/1,000 (Max. $10.50) Flat Rate Pompano Beach $6.05 per living unit Deerfield Beach 3.00 (1) Bath, 50¢ ea. Boca Raton 2.30 (1) Bath, $1.15 ea. Manatee County 8.00 Flat added bath added bath There has been some discussion about changing the method of billing. Our question is this: Is it mandatory, under the bond issues, that we maintain the present fo_tm of billing? Or, can the method of bill- ing be changed -- and, if it can be changed, would mu'= require' a re- view and input by both the Consulting Engineers and Fiscal Agent be- fore Council took action on this matter? Please respond with adequate details, including a time frame on t-his. Very truly yours, FK/PAC:br CC: Mt. Perry Cessna,Utilities Director CITY OF BO_V!~_~kON B~Ct~ City Manager