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Minutes 05-17-77MINUTES OF REGULAR Ci~ COUNCIL mETING OF T~ CiTY OF BOYNTON BEACH, FLORIDA, HELD I~ CITY_ H~~LL, TUESDAY, ~Y 17, 1977 PP~SEET Joseph F. Zack, Mayor Emily M. JacP~on, Vice Mayor Richard D. Cannon, dwell, Councilman Joseph DeM~co, Councilman Norman F. Strnad, Councilman Frank Kohl, City Manager Tersesa Padgett, City Clerk Gene Moore, City Attorney Mayor Zack welcomed everyone and called the meeting to order at 7:30 P. M. He requested everyone to please rise at the sound of the gavel for the Invocation given by ~,~. Frank Kohl, City Manager, followed by the Pledge of Allegiance to the Flag led by Councilman Richard D. Caldwell. Announcements Mrs. Jackson read the attached report on Rid Litter Day. Mayor Zack announced that City Hall would be closed on Monday, May 30, 1977, in observance of Memorial Day. M~yor Zack read a Proclamation proclaiming MaJ 31, 1977, as Bertha Chadwell Day. Mayor Zack read a Proclamation proclaiming July 5, 1977, as Tereesa Padgett D~v. Mayor Zack a~uno~ced if there was any item on the agenda any- one in the audience desired to speak on, to please steo for- ward ~ud give their name to Mrs. Padgett and the City ~lerk will call on them at the appropriate time. Additions to Agenda Mayor Zack~announced the following additions to the Agenda: ADMINISTRATIVE, I - 2. Appointment of Alternate Member to Board of Adjustment OT~W~ER, C. Campers and Trailers D. Microfilming E. Telegram Regarding Water Treatment Plant Expansion Mrs. Jackson moved to approve the Agenda additions, seconded by M~. Caldwell. Motion carried 5-0. MINUTES Regular City Council Meetin5 - M~¥ 3, 1977 Msjor Zack called on the Council members for additions, cor- rections or deletions. I~. DeMm~co replied that he had none. MINUTES P~E~UL~M CITY COUNCIL M~ETING BOYNTON BEACH, FLORIDA 17, 1977 Mr. Strnad requested clarification of the third paragraph on Page 24 and stated that softening is required and has always been required as it is a requisite of DER. Mrs. Jackson informed him that the minutes are correct because she listened to the tape twice to check this. ~. Strnad agreed this is what was said, but it is not right. Mayor Zack asked if Mr. Caldwell desired to ms~e any changes and Mr. Caldwell replied that inasmuch as he made the statement and the statement reflects the point he was trying to make and inasmuch as corrections should apply to grammatical er- rors and not basic content, he will let this statement stand. Mr. Strnad clarified that he was not trying to correct gram- matical errors, but to clarify the point that we ere required by DER to have lime softening. ~. St~nad continued with reading the fourt~ pa~ag~apk~on Page 24 and stated that the State has demanded ~ud'required us to have lime softeni~ all the time. They had two way~ to go and the engineers chose the lime softening as the best method. He w~uts it corrected to show the State is not going to request lime softening, but demands it. M~. DeMarco stated it was his understanding ~hat the State has relaxed the lime softening requirement since approval of the Manala- pan plant. It was also his understanding that M~. Russell was to m~ke the necessary changes to apply to Tallahassee to take care of this particular item to continue with our present water until suc~ time as the State requires lime softening, M~s. Jackson stated again that she listened to the tape twice and it is correct as stated. ~. Strnad stated that if any communications had been received from DER stating the lime softening is not necessary, he did not receive them. M~. Caldwell declared this discussion out of order and ~&~yor Zack stated that Mr. Strnad has the floor ~_nd ws~ts clarifi- cation. Mr. Strnad stated that it is incorrect as they are trying to alleviate lime softening, but have had no relaxa- tion from DER to eliminate lime softening. ~. Caldwell declared the conversation out of order with correcting word- age in the minutes. He suggested this be discussed under another topic or at another meeting. Mr. Strnad requested the record to stand with his statements. Mr. DeMarco alari- fled that the minutes would st~ud as written and Mayor Zack agreed and stated that ~. Strnad was just clarifying the statements. Mr. Caldwell stated he had nothing. M~s. Jac~on referred to Page 2, third paragraph, thir~ line, and changed it to read: Mrs. Jackson clarified that they "had already" set up the Com~n~nity Relations Board, etc. She referred to Page 5, third paragraph down, ~ud advised that the correct spelling was M~. Joseph "Cinagli~'. -2- MINUTES - REGULAR CITY COUNCIL ~EETING BOYNTOI~ BEn, CH, FLORID~ 977 F~s. Jackson referred to Page 12, third paragraph down, last line, and stated she believed this ordinance would have the second reading at the first meeting in June ~d M~s. Padgett agreed. She referred to Page t5, last paragraph, third line down, and requested it to read: two years or break the lease by mutual consent ~ud "then" go out for. She r~ferred to Page 26, second paragraph, and stated that "wells" should be '~ swales". h~. DeMarco moved to approve the minutes as corrected, seconded by M_~. Caldwell. Motion carried 5-0. Special City Council Meetin~ - M~y ~? 1977 ~hen called upon by Mayor Zack, all the Council members re- plied they had nothing. Nms. Jackson moved to accept the ~inutes as written, seconded by ~. Caldwell. Motion carried 5-0. ~s. Jackson referred to the spelling of Mr. Panza's name with a "z" and the newspaper spelled it with a "s" ~nd ~. Moore informed her it was correct with a "z" as spelled in the min- utes. Special City Council Meetin~ - M~¥ 16, 1977 M~. Kohl inforr~d the Council that he received these minutes today, but had not given them out as they would not have the ch~_~ce-~ to read them. PUBLIC AUDIENCE Mrs. Harry Holgerson stated her name ~ud her address as 1006 N. W. 7th Court. She informed the Council that four years ago, a petition was presented requesting 7th Court to be paved. This has gone back and forth ~ud they are tired of the sand blowing all over. She has been talking to several neighbors and they hs~¢e heard if they agree to pay the amount of $7.00 per ft., which will be payable over a 10 year period, they will be able to have the road paved within a couple weeks. They are most willing to do this as they s~e tired of the dust. There does not seem to be a~J results in getting the road fo~ nothing~ They have paid taxes long enough and have not gotten anything for the taxes, but appreciate living in Boynton Beach. !~. Caldwell clarified that she would like the City to pave the road and M~s. Holgerson agreed. ]~. Caldwell clarified that her statement was that they wouldn't mind paying 10~ of the cos~t and ~s. Holgerson replied that if the City would not come down on the cost, they would agree instead of continuing this fighting back and forth as some- th~ug must be done. M~. Caldwell asked if she wanted the -3- MI~V~TES REGULAR CI_F COLE~CiL M~ETING .E0¥NTON BEACH, FLORIDA ~M_~Y 17, 1977 City to split the cost at 1/3-1/3-1/3 ~ud M-~s. Holgerson replied that she thought the City should pay some or most of it. Mm. DeMarco stated he believed the requirement was to have a petition of 51% and Mms. Holgerson informed him that a petition was presented four years ago. Mm. Kohl agreed this had been done previously and added that the people on 7th Court have been here many times. Also, Holgerson called him last week. The street needs paving and he has been trying to get it paved. However, the people should pay their share l~e everyone else in the City, It is up to the Council to decide the share to be paid. Holgerson continued with telling about the inconveniences of living on an unpaved street. Mayor Zack asked if anyone else desired to speak about 7th Court. Mm. Kohl read a letter from Mr. & Mme. John A. Denholm, Jr., stating they would be willing to pay their share. ~s. Holgerson informed them that another neighbor, Mrs. Altadonna, was also willing to pay her share. M~. Kohl referred to his previous recommendation to let him ge~ prices, as he has already done fime or six times for 7th Coumt and get this over with. The people will be assessed in a fair and honest way and they will not have to continue night after night talking about shell rock streets. Mme. Holgerson added that it was aggravating to have streets like this. Mayor Zack~referred to there being approxir~tely eight residents l?¢ing on this street s_nd Mme. Holgerson in- formed him there were seven and a couple of empty lots. M~. Catdwe!l stated that the question still remained as to h~ the people were to be assessed: 10~ to the property owners, 10~ on the City, or I/3-t/3-1/3 split. He added that this question was unresolved the last time. Mayor Zack referred to stating previously that in checking back, $89,000 has been paid by people for their roads. If they are going to go on a percentage basis, what about the people who have paid and are they going to give back $30,000? Will this set a precedent? They have about 4,800 linsblfeet of roads to be considered. It may also be possible that the estimate may be lower tha~ $7.00. He does not think they should change the policy now. Mme. Jackson stated that the other people voted over 50% to pay their assessments, but the people on 7th Court did not do it that way. Fm. Caldwell stressed that they must make a decision regarding the assess- ment. Mm. Strnad asked if it had been the practice to charge on a ~/3-~/3-1/3 basis and Mr. Kohl replied that it had been done both ways in this City. Since he has been here, the people h~3'e been charged 10~, but he ~nderstands it was done on a 1/3-1/3-1/3 basis prior to when he came here. M~. Strnad ~sked why it was changed? Mayor Zack asked if they ch~uged to the I/3 basis, '~ould there be the D~ssibil~t~ of MinUTES R~Gu~M CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA t7, 1977 a class action suitraud ?~. Moore replied: sure. ~. Strnad stated the City would pave the road if the people are willing to pay on a 100% b~is smd M~rs. Holgerson replied that four to five people have agreed to pay the 100% if it can be paid over a ten year period. Also, they understand if a new owner moves in, they will take over the psyments. Mayor Zack informed her that the to_xes would not be increased be- cause the street was paved. Mr. De~rco moved to pave N. W. 7th Court and assess the property owners lO0%with payment to be made over a ten year period. Mr. Strnad seconded the motion. Under discussion, ~. Caldwell remarked that he still thought the ~ople should be given a break and M~s. Holgerson agreed. She further told about the living conditions on the street. Mayor Zack referred to the City Manager sending a crew out about two weeks ago to fill the holes, but he was stopped because the people did not want it done. Mrs. Holgerson remarked that some crazy people live there. Mrs. Jackson referred to some streets being in subdivisions platted before the ordinance was passed stan- dardizing the building oF streets smd the people these streets thinking it was~ing to be taken care of by the City. She feels the streets in this particular condition should be paid for entirely by the City. As requested, M~s. Padgett took a roll call vote on the motion as follows: Councilman~ Strnad - Aye Councilman Caldwell - Aye Councilman DeMarco - ~e Vice Mayor Jackson - Aye ~&myor Zack - Aye Motion carried 5-0. i~. Ps~l Hill stated his name and his address as 2451N. E. Ist Lane. He told about coming home the other d~ ~ud find- ing a notice attached to his~cmmper parked in his side yard. Meyer Zack informed him that ~'Camoers mad Trailers~ had been added as am additional item on th$ Agenda under item X. Other, C, and would be discussed later. .BIDS NO~ PUBLIC HEARING NOt~ LEG.~ Ordinances - 1st & .2~d Readings NOh~ M!t~J~S - REGULAR CITY COUNCIL ~ETING BOYNTON B~Au~, ~ LOR~DA 977 Resolutions Rroposed Resolution No. 77-CC - Re: Establishing Criteria for the Community Promotion Bgard (Tabled) I~. Caldwell moved to take this from the table, seconded by ~m. DeMarco. Motion carried 5-0. N~. Moore read proposed Resolution No. 77-CC. Mrs. Jac~on moved the adoption of Resolution No. 77-CC, seconded by ~m. DeMarco. No discussion. Mrs. Padgett took { · a roll call VOte as _ollows. Councilman Caldwell - ~je Councilman DeMarco - Aye Vice Mayor Jackson - Aye Councilman Strnad - Aye Mayor Zack - Aye Motion carried 5-0. Proposed Resolution No. 77-DD - Re: Request to the Board of D~blic Instruction of Palm Beach County for the Establishment of a Boynton Beach H%~h School I@. Moore read proposed Resolution No. 77-DD. M~. Caldwell moved the adoption of Resolution No. 77-DD, seconded by Mr. DeMarco. Under discussion, Mr. Caldwell referred to Dr. Carroll's statements at last Friday's meet- ing and stated that somebody must bring him up-to-date as to what is happening in Boynton Beach. Mr. DeM~rco urged the citizens to back this request for Boynton Beach to have a high school. M~yor Zack told about his surprise when mov- ing here to find there was no high school in the community. However, he does not ~ow how f~ we will get with the County Board since they have plans to build a school at Hypol,mxo & Lawrence Roads. M~s. Padgett then took a roll call vote on the motion as follows: Councilman DeMarco - ~ye Vice Mayor Jackson - ~a~e Councilm~ Strnad - ;Je Councilman Caldwell - Aye Mayor Zack - Aye Motion carried 5-0. Proposed Resolution No. 7?-EE - Re: Recommendation for the Demolition of ~' Cer~mn structUres ~ud Buildings Moore read proposed Resolution No. 77-EE. -6- Mi~JTE$ - REGULF~M CITY COUNCIL M~.ETi~G BOYNTO!f BEACH, FLORa_DA 977 ~. DeMarco moved the adoption of Resolution No. 77-EE, seconded by Mr. Caldwell. No discussion. F~so Padgett took a roll call vote as follows: Vice Mayor Jackson ~e Councilman Strnad Aye Councilman Caldwell - Councilman DeI~co Aye Mayor Zack Aye Motion carried 5-0. Other ~onsider Lease Agreement Between the City and the Fraternal Order of Police (Rifle Range) (~aoled) ~s. Jackson moved to take this from the table, seconded by ~. Caldwell. Motion carried 5-0. Mayor Zack referred to the length of the lease and asked if the Council members desired to have the lease read and ~. Caldwell replied: yes. Ma~. DeMarcb suggested explaining it. ~. Moore explained that the lease covered a parcel of lsmd in the northwest section of the City where there would be a pistol range, police training amid an education center for the Fraternal Order of Police~with the remainder going to the Cit~. It is basically an expansion of a prior lease cancelled by this agreement mad restricted to a smaller area. Mayor Zack told about looking at the rifle range mud noticing the building was not completed and tbs shooting was being done on the outside. He was concerned about the building not being completed mud discussed it with the Council and Police Department. He suggested a fence being installed around the building amd putting ~p the shell of the building. There will be sm area of approximately ii to t2 acres left, which he suggests calling the Range Park. The Range Parkwill be turned over to the Recreation Department and when money is available, they can take care of the needs for that s~ea. Mr. DeMarco asked if it would be open to the public and Mayor Zack replied: yes and the people can also take instruc- tion~ in shooting. ~. DeMarco moved to approve the lease agreement for the range, seconded by Mr. Caldwell. No discussion. Motion carried 5-0. Mayor Zack clarified that this was giving authority to,the City Manager to proceed with obtaining estimates for the building. OLD BUSi~SS -7- MINUTES - REGUL~.R CI~ COUNCIL M~ETING BOYNTON BE-~&CH, FLORIDA 1977 Consider Revised Contract Between the City and Palm Beach County Re: Bristol Sprin~s ?m. Kohl read the attached letter dated MAY3, 1977, from Ms. N. Suzanne Hunter, Environmental Control Officer of Palm Beach County. Mayor Zack asked if the City Attorney had re- viewed the agreement and Mm. Moore replied: yes, it is ac- ceptable as to form. M~rs. Jackson moved to accept the agreement between Palm Beach County and the City of Boynton Beach regarding Bristol Springs and to have the proper authorities execute it. Mr. Caldwell seconded the motion. Under discussion, ~. DeMarco referred to the people in Bristol Springs still not having any water and must boil the water and advised that he had been approached by Mm. McArthur wantLug to know if there was ~ny way they could get water and offered to put in their own lines. Mr. Kohl suggested not doing this as Bristol Springs is bankrupt with liens on the property. Ms. Hunter agrees we should stay pat until it is settled with the eourts. Mr. Strnad moved to table this until we have more information to show it will be profitable or we must do it. ~. DeMarco referred to agreeing on this previously and Mm. Strnad re- plied that he did not like the idea that we will have to take care of all connection and distribution lines and mak~ im- provements. Mr. DeMarco referred to agreeing on it previously and Mm. Kohl added that this is in our service s~ea and the sewer and transmission lines will be paid for by other com- panies and he explained how Pointe Overlook and Southern Bell would pay for them. ~. Strnad stated that the Boynton Beach taxpayers do not have to pay anything and Mr. Kohl replied: no, not after Southern Bell and Pointe O~-erlook pay, plus they will be paying ~25% for the water. Mayor Zack ascer- tained there was no second to Mr. Strnad's tabling motion. Mayor Zack then called for a vote on Mrs. Jackson's original motion and the motion carried 5-0. Discuss Swimming Pool Ordinance - Councilman Norman F. Strnad and Councilman Richard D. Caldwell Mr. Strnad referred to the large crowd being present in the audience and stated he would like to acquaint them with the facts of how this particular ordinance ~as passed to begin with. At this time, he was unable to find his notes and re- quested the public be heard before he spoke. P~. Patrick Stafford, ~9 Colonial Club Drive, appeared before the Council ~ud referred to two weeks ago when he appeared before the Council and at that time, the Council made a verbal -8- MIhrJTES - REGULAR CITY COUNC~ MEETING BOYNTON BEACH, FLORIDA 17, 1977 commitment they would look into this matter and let us know. They appreciate the quick action in placing this on the agenda. They hope the Co~uncil in their corrective wisdom will come to the decision to amend this ordinauuce or grant a variance to Colonial Club. He then oresented a petition signed by 353 residents of Colonial ClUb. He fUrther commended the Counci! for their prompt action in this matter. He then requested the representatives present from Colonial Club to stand to show their appreciation to the Council. Mayor Zack~informed them that the City Manager and Building Official had looked into this and would giveaa report later. Mr. Sam Wall, 2018 S~ Federal Highway, Seagate of Gulfstres~, appeared before the Council. He advised that Seagate of Gulf- stream is an adult community with no small children except those visting either at C?~ristmas or Easter. When children come, they do not use the pools in the complex without an adult being in attendance at any time. Also, the oools are closely supervised by adults or pool attendants. ~hey recom- mend that the Council amend the ordinance eliminating fencing in condominium pools. He explained how they did not think fencing would accomplish anything and would possibly be detri- mental in getting to a person who has fallen into the pool. They feel this ordinance will not do what it is supposed to accomplish. Their pools have been in use for four years and they have had no problem with safety. He again requested the Council to eliminate the pool fencing. He then requested the people from Seagate of Gulfstream to stand. ~. John Q. Adams, 770 Horizons East, Sterling Village, ap- peared before the Council and stated their point of view was similar to the previous two speakers. He told about their pools being in use for 12 years and having no safety problems. They feel their pool maintenance committee monitors the oool extremely well. He told about having public liability i~sur- ance coverage far in excess of that required. They request the ordinance to be amended in the direction as requested by the previous two spe~ers that condominiums ~ad cooperatives be omitted from compliance. He added that good friends of theirs in a larger condominium in the northwest section would be delighte8 to have this go through since it will enable them to get what they want from their developer; however, they are not concerned who will pay the bill. He then the~ked the Council for receiving his message. Y~. Ed Tottser, 2540 $. Federal Highway, Hampshire Gardens, appeared before the Council. He advised that this was a senior citizens development ~nd children do not generally use the pool. There is a hazard ~lready existing in the area with the Intracoastal Waterway. The pool is located a full 200 yaz~ds from the nearest public highway, with one side on the Intracoastal ~nd having a mecorative masonry -9- MINUTES - REQUL~R CITY COUNCIL ~ETING BOYNTON BE_~CH, FLORIDA MAY 17, 1977 wall. They feel a fence would be aesthetically devastating. They are willing to absolve the City of any responsibility and will deliver liability coverage in thi~ regard. They have substantial resentment to a pool fence. He then re- quested the delegation of concerned people from Hampshire Gardens to stand. Mr. Joseph Arc, ow, 2520 N. E. 1st Court, Village Royale on the Green, appeared be£ore the Council. He first stated he w~ sorry he did not hear the remarks Mr. Strnad wanted to express in regards to the introduction of the original ordi- nance. He stated he wanted to call their attention to the fact that three members of the present Council were present when the ordinance was passed in 1976 a~ud when it was amended on August 9, 1976. This ordinance was adooted for the ~afety of not only children, but adults and peopl~ in general. ~t Village Royale on the Green, one pool is within 100 ft. of a City street and the other pool is within 200 ft. of four to five other City streets. He told about having to call the Police Department on at least six occasions to have them get People out of the pool between 11~00 P. M. ~ud 2:30 A. M. He has no objection to a variance being granted ~o any condo- minium if the Board finds they are entitled to it. However, as far as they are concerned at Village Royale on the Green, they have a situation where health and safety of not only the residents but all the people who can gain access to the pool should be taken into consideration. He told about dis- cussi~g this with Mr. ~dams ~d informing him he was opposed to the ordin~uce being amended for the same reasons explained now. This ordinance was passed for the health and safety of the people in Boynton Beach. A navigable waterway was taken into consideration and no fence is required on that side. He thinks the ordinance should he maintained in its original form for the benefit of the people in the City of Boynton Beach. He trusts this will be t~e result of the investiga- tion made by the City Manager and Building Superintendent. He added that they have approximately750 residents at Vil- lage Royale on the Green. ~. Doug Crawford, 2222 N. E. 1st Way, VillaEe Royale, ap- peared before the Council. He stated he was not aws~e of this ordinance, but~has heard enough from the other people to know what the problem is. He agrees with everybody but ?~. lranow because he thir~ks the ordinance should be amended or a variance given. He thinks this applies equally to indiv- idual home owners as well. He referred to senior citizens on fixed incomes purchasing the homes incondominiums ~ud stated why should these owners who were not aware of the ordin~uce pay for something which the bmilder should have done. He re- quested the people from Village Royale to stand. He then clarified that Village Royale was separate from Village Royale on the Green ~nd Village Royale~!nc. MINUTES - REGUI~R CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA MAY 17, 1977 Mr. Strnad informed the people that the original ordinance was drafted in 1960; however, it was never updated to in- clude any condominiums in the following years. ~ He believes the first condominium built was Hampshire Gardens, which was started in 1964. He believes this ordinance should have been updated at that particular time to include thes~ particnlar areas if the Council desired. He believes the Council mem- bers went along with the amendment to the original ordinance based on the fact we had a new Building Official and he was in favor of it. He read from the ~nutes of Ju~e 15, 1976, when M~. Howell brought it"to the Council's attention. Mmybe they did not have all the information, but the ordinance was passed. From the amount of people present showing concern, he believes an amendment is not necessary, but believes it should be left at the discretion of the Building Official and City Manager to determine where it is feasible not to have fences installed. It is fine if people wa~ut fences mud they can put them up. If theoordinance is discontinmed or changed, he is afraid the people who do want it would have to pay for it themselves rather than the developer or builder. The _oerson who built the swimming pool must pay for the fence. He requests the Council to go along with having a committee or the City Manager mud Building Official find extenuating circumstances and allowing them to have no fence. Mayor Zack referred to authorizin~ the City Manager and Building Official to investigate some of these places and he believes six or seven were checked. M~. Kohl informed him that they checked eight. ~s. Jackson stated she thought this suggestion was a legal question as she does not think we can make it a rule for some and not others and M~. Moore agreed. Mrs. Jackson stated she was in favor of this all the way through until last week when she heard the statement that too many laws are made to protect us from ourselves. She explained how there was the possibility of someone fainting and they could fall into the bathtub as well as into a pool. She thinks there should be an either/or clause requiring a fence or a good amount of insurance. M~. Caldwell stated.he was appreciative of ~. Strnad's statements and the position the Council was in last year, and explained how an ordinance, law, or even the Constitu- tion of the United States, could be amended if found not flexible enough or not in harmony with the feelings of the people who control all power. He thin~ an amendment shoul~ be passed taking into consideration the views which have come to light since the passage of the original ordin~ace or particular law. Based on this, he asked the City Attorney to draw up ~u ordinance amending the original Ordin~uce No. 76-17 to take into consideration special situations which MINUTES - REGULAR CITY COUNCIL ~ETiNG BO~I~-TON BEACH, FLORiD~ 17, 1977 arise from time to time in regards to both commercial estab- lishments and condominium areas. He referred to recommenda- tions made by Mr. Moore, ~. Eo~hl, and Mr. Howell emd stated this was the reason he requested this amendment and to have this item on ~the agenda. He thinks what we have to do as Council people is realize in our wisdom that we do goof up s~ud we must be adult enough to realize if a change is neces- sary, we should go about it in the proper manner to adopt changes to offer flexibility. At this point, he requested the City Attorney to read the amended ordinance. Mayor Zack requested this to be read later after the discussion is com- pleted. ~4r. Caldwell stated he thought they must take a look at this particular ordinance con~rning pool enclosures and do something about ~ne commercial establishments, condominiums, rental apartments, etc, a~ud also maintain some control by the City Manager and Building Official to offer discretion when and how to exclude such establishments from the existing ordi- nance. M~'or Zack stated that the ordinance was set up for the safety and welfare of the people. On October 2~, 1960, when the ordinance was drafted, all private ventures had to have enclosures, but motels smd hotels were excluded if they had insurance, but that was discrimination. Now, all pools must be enclosed. The City Manager was instructed to check places and he discussed the flexibility with him, but they mus~ enforce the ordinance as much as possible. He then requested the City Manager to read his report. Mr. Kohl reported that he and Mr. Edgar E. Howell, the Build- ing Official, visited eight condominiums on T~esday, May 3, and Thursday, May 12, 1977. M~. Howell s~d he both agree to adhere to the Swim~ng Pool Ordinance subject to~ the unique situation of each individual condominium. For instance, four condomini~ have buildings on each side of the pool. Five condominiu~ have the backside of the pool near the intra- coastal, and a retaining wall in which the intracoastal and walt are both a ~arrier to getting into the pool area for anyone, child or adult. Two of the condominiums have prac- tically three sides of the pool faced with buildings and the intracoastal on the backside. He clarified that his opinion was that buildings are the same as a fence. M~yor Zackthen asked how many people had conformed to the ordinance ~ad ~. Howell replied that ~pproximately one half of the condominiums have conformed at this time or are in the process of conforming. He pointed out that the Board of Appeals can hear hardship cases and he does not think it would be legal for him to give a variance ~ud Mr. Moore informed the Council that he did not think the Council had the legal autD_~_ty to delegate authority to an official. Any time that a person does not agree with the Building Offi- cial's decision, he can appeal to the Board of Adjustment, but must prove a hardship. -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA t7, 1977 Mrs. Jackson stressed that she thought there should be an either/or clause with either requiring a fence or enough instance, so it would be fair to everyone. In reference to Mr. Aranow's mentioning they had to call the Police, this is a case of people trespassing on private property. When the original Swimmi~ Pool Ordinsmce was written, nobody even knew what a condominium was. With condominiums, it is a dif- ferent thing. She thinks they must have a lot of insurance or a fence. Mmyor Zack referred to the insurance and asked who they would sue and Mms. Jackson reolied they would sue the person who has the swim~ug pool. i~5~y~r Zack stated they could not sue themselves as the insurance is paid by them. Mm. DeMs~co stated he went along with the people from Ster- ling Village and those pools that are surrounded. The Intra- coastal Waterway is a hazard and do they want fences along the whole waterway? Also, they~must consider how c~uals are dangerous. Mayor Zack stated that nobody was m~ing a home there and M~. DeMa_~co replied there are a lot of homes on the waserways. Proposed Orml_ance No. 77-16 Re~ Safety Enclosures for Pools Mm. Moore read proposed Ordinance No. 77-16. Mayor Zack announced that on behalf of the new Council members, any time an ordinance is to be submitted, it should be pre- sented to the Council a~ud not be done by one member individ- ually. ~. Caldwetl stated that everything was fine as drawn up, but with giving more thought perhaps the additional phrase should be added~after personnel: "and upon written request to the City Manager and Chief Building Official and upon their recommendation'. }Ar. Moore informed him this would ~e giving illegal delegation of authority to ~a administra- tive official ~ud the Council must make the decision what the law is to be. M~. Caldwell questioned who would deter- mine whether or not the particular condominium or motel pool was under propsr surveillance and ~. Moore replied that the Building Department could do that and issue a violation. M~~. DeMarco suggested the insurance coverage be not less than $t00,000/$300,OOO instead of $50,000/$100,OOO. ~s. Jackson agreed. M~. Caldwetl withdrew his suggestions after considering the legal opinion. Mr. Caldwell moved the adoption of Ordinance No. 77-16 on first reading with the $100,000/$300,000 insurance stipula- tion, seconded by Mrs. Jackson. Under discussion, Mayor -t3- MlhrGTES - REGUL~ CITY COUNCIL ~ETiNG BO~0N BEACF~, FLORIDA 17, 1977 Zack stated he still thinks the purpose of the Swimming Pool Ordinance was for the safety and welfare of the people. He thinks the City Government should be responsible for these things. Most of the people 8~e seniors and need protection. He has been involved in some of these cases personally and feels the health and welfare are his concern. ~s. Jackson remarked that m~ybe fences should be required along canals and around bathtubs. Mayor Zack clarified that he was just stating his opinion and~-requested that he not be taken the wrong way. M~s. Padgett then took a roll call vote on the motion as follows: Councilman Strnad - To Councilman Caldwell - Aye Councilme~ DeMarco - Aye Vice M~yor Jackson - .~ye Mayor Zack - No Motion carried 3-2. In view of the people exi%ing, Mayor Zack declared a recess at 9:05 P. M. He called the meeting back to order at 9.1~ P.M. Discuss Tree F~eservation Ordinance M~. Kohl informed the Council that this ordinance had been submitted to three attorneys and at one time, it was sent back to the Community Appearance Board for their review. This ordinance has also been before Council several times; and at this time, the Community Appearance Board, at their Regu- lar Meeting of May 2, 1977, requested that it be presented again to Council. Mayor Zack remarked that he thought they were still back where they were before. He thinks the ordinance is compli- cated ~md they would hs3;e problems enforcing it. Mr. Howell agreed and stated they would have to have someone who knows about trees. ~s. Jackson referred to Section 23 causing an unnecessary delay. She thinks the ordinance is too restrictive. She thi~Cms it would put a great burden on the Building Depart- ment. Mayor Zack suggested sending it back to the Community Appear- ance Board to be simplified. Mm. DeMarco moved to send it back to the Community Appearance Board for simplification, seconded by ~s. Jackson. Under discussion, ~s. Jackson stated that they must remember this is to be enforced by the Building Department. She also stated that they must consider making it impossible for anyone to build anything. Mmyor Zack suggested that the Building Official review it before MLNUTES R.~GUL~2~ CITY COUNCIL ME~TING BOYNTON BEACH, FLORID.A 17, 1977 it is resubmitted to the Council. ME. Kohl informed them that the Building Official and Planner both looked at 2he ordins_uce and both rejected it. Mr. Strnad stated they would have to have someone with knowledge in the horticul- ture line to enforce this ordinance. Motion carried 5-0. Six (6) Tennis Courts - One (1) and ResBrfacing Pract_~e Area Reconditioning Mr. Kohl referred to the City Council, at their Regular Meet- lng of May 3, 1977, approved his recen~mendation to negotiate on the above. He referred to recommendations submitted from M~. Charles C. Frederick, Recreation Director; M~. W. V. Flushing, Deputy City Engineer and Mr. William H. Sullivan, P~rchasing Agent. Those three individualsrrecommend that this project be let to Tennis Supply Comp~any of Lake Worth, inasmuch as they meet the required time limit plus they are willing to post a certificate of deposit for the specified amount. Also recommended is that we hold 1~ of the total and release these funds upon completion and satisfaction of the job. He concurs with the above recommendations. M~s. Jack~on questioned the difference between the bid from All Sports Construction Co., Inc., which was slightly lower and M~. Kohl replied that it was the time limit. Mr. DsMarco added that he would like to deal with local companies when- ever possible. M~. Strnad ~uestioned the difference in time and M~. Frederick informed him the one was 25 days ~ud this one is t3 days. ~. Strnad asked if he had seen the work performed by these pe~ticular companies and if it was com- parable with taking longer and ~. Frederick replied that he has seen and insoected the work of this comps_ny and has full confidence in thSm. M~. DeMarco moved to accept the City Manager's recommenda- tion, seconded by Mr. Caldwell. Motion carried 5-0. Wilson Pool Repairs ~m. Kohl read a memorandum from ~. Willis~ H. Sullivan, Purchasing Agent, advising that he telephoned the fo~r pool firms previously expressing interest, but only two responses were received. One bid was in the e~ount of $11,300 from SparSe Pools which included sand blasting, re-marciting a~d installing six racing lines, with $1,600 to be deducted if the sand blasting is excluded. The time required is 30 days ~d the one year guar~utee cannot be given if the pool is not s~dblasted. The other bid was in the amount of $11,657.50 from ~entury Pools and includes all the work outlined above with $1,125 deducted for sand blast- ing. Completion time would be 20 days only and a one year guarantee is given. He recommends accepting the quotation from Century Pools for the firm price and a guarantee with or without sandblasting. -15- ML~UTES - REGULAR CITY COUNCIL ~TING BOTNTON BEn, CH, FLORID~& 1977 ~s. Jackson moved to accept the City MAnager,s recommenda- tion a~ud award the contract to Century Pools, seconded by Mr. Caldwell. No discussion. Motion carried 5-0. ArEW BUg I~SS West Palm Beach Auditorium Mayor Joseph F. Zack Mayor Zack told about the West Palm Beach Auditorium opera- ting $250,000 in arrears and advised that the County Commi~- sion would like to know our feelings. He does not thir~k we should be involved with bailing somebody out. He recommends a resolution be sent to the County Co~missioners. M~s. Jack. son moved to send a resolution to the County Commis- sioners as requested by Mayor Zack, seconded by ~. Strnad. Under discussion, M~s. Jackson stated that the auditorium has been operated in the red ever s~nce it was built. The City officials voted for it in West Palm Beach e~ud now they want everyone to bail them out. Mr. DeMarco asked if the County was asking us to participate or just feeling us out and Kohl clarified that at the request of Mayor Zack, he called a couple County Com~ssloners and Mr. Lake Lytal emphasized he was going to send a letter to each city asking what they thought, but he has not received the letter. M~. Moore clari- fied that the Council intended to take the position in oppo- sition to the County being involved. He believes the County would entertain being involve~ if the cities would pay off the obligation. Mayor Zack added that they were asking for our comments since it wil~ involve our tax dollars. Also, everyone pays to go there and why should we bail someone else out. 5~. Caldwell questioned that if in the event the city no longer wished to maintain the building and the County does not accept it, will there be an auditorium for such activities? He thinks before making a'decision, we should consider the alternatives of what will happen if the City cannot afford to run the place 8~ud sells it to the County or an outside concern. ~ayor Zack informed him that the city of West Palm Beach must hold onto it until the bond indebtedness is paid off. ~s. Jackson told about the audi- torium never having paid for itself. Also, she would not ex_oect '~¢est Palm Beach to bail us out if we ma~de a mistake. M_~. DeM~co stated if the County want~s to go ahead, he thir_ks it should be their prerogative, but the City should not get involved. Mayor Zack stated tS~t the County uses our money and ~m. DeMarco replied that eve,rybody in the County is using the aua_~to~mum. Mayor Zack pointed out that the people pay admission. !~. De]~co remarhed' that if it were run better, he believes they could opera, re o~ a better basis. M~jor Zack stated that not too many .municipal auditoriums are self- supporting, but a~e subsidize~ by the city. Motion carried 5-0. -16- MINUTES R~GULAR CiTY COUNCIL ~ETING BOYNTON BEACH, FLORIDA 17, 1977 ADM I~t IS _~RAT I~J~E Consider Approval of Right-of-Way }~p - Seacrest Boulevard, Between ~oo~bri~ht Road and Bo~nton Cana~ M~. Kohl referred to correspondence from the Board of County Commissioners Survey Division and advised that he had the map with him. He pointed out there was a May 24, 1977, deadline. He referred to a statement submitted from the City Engineer recommending approval of the map. M~. DeMarco moved to approve the Right-of-Way Map, seconded by Mr. Caldwell. ~o discussion. Motion carried 5-0. Consider Change Order No. 2 - Water Treatment Pl~t ~. Kohl read the attached letter dated May 1t, 1977, from Russell & Axon. Mayor Z~ck asked if the Building Department looked over the plans prior to awarding of the contract and ~. Kohl replied that they did at some extent, but many times things are not' caught until after construction. Mayor Mack asked if the contractor was aware of codes and regulations ~ud ~. Kohl replied: yes. M~. Kohl then read the itemized list covered by the change order. Mayor Mack stated he was concerned about Items 5 and 6 as required by the Building Department.m Mr. Howell in- formed him this was procedure and the code calls for expan- sion joints at any key joints. ~. Kohl asked why they were being charged for it now if it was called for by code and ~. Howell replied that he was not ~are of these addi- tional charges. He added that the electrici~_u should also have been aware of the code. Mr. Kohl requested ~@. Swan to explain. M~. Swan referred to Items 5 and 6 and stated these joints are required by the Building Dep~tment, but as far as their Design Departr~ent was concerned, these construc- tion joints are not necessary on the inside of a shaded building~ so the original plan approved by the Building De- partment did not include construction ~ud expansion joints. The contractor bids on the plan and not code. Mayor Zack asked if the code was checked before the bid was let out and M~. Howell replied that every plan that goes out of the Building Department is stamped that issuance of the permit does not entitle any contractor to violate codes. M~stakes can be made, but when an inspector goes out on a job and finds it not according to code, it will be turned down. ~. Swan added thmt these two were the only ones involving code. Mayor Mack asked if he was aware of these, so it could have been changed in the blueprint and ~@. Swan replied that he was not aware of this particular facet of the Boynton Beach code. MI~UTES- REGULAR_ CI-~f COUNCIL BOYNTON BEACH, FLORIDA ~Y 17, ]977 Mayor Zack asked about the other items and M~. DeMarco asked why they were changed? Mr. Swan referred to Item 2a and ex- plained how at the time of design, the telephone conduit was specified, but not as much as required since the superinten- dent will occupy the building, it will requ~re additional lines. The use of that building was not contemplated that extensively when designed. Mayor Zack recommended turning down this Change Order and having the City Manager and Build- ing Official meet with Russell & Axon. ~. DeMarco made a motion to refer this Change Order back to the City M~uager and Building Official for all eleven items to be checked, seconded by -~s. Jackson. Under discussion, M~. Strnad requested the items to be defined further and re- ferred to Item 2a mad ~he number of feet not bedmg specified. M~. Kohl advised that he would find out. ~. DeMarco added that the changes must be made now because it will cost more later. Motion carried 5-0. Request for Purchase Tre= ~me~t Plant of Polymer & Hydrated Lime for Sewer M~. Kohl referred to a self-explanatory request submitted from the Purchasing Agent ~ud advised that inasmuch as the above is purchased regularly, the monies have been budgeted in the Sewage Treatment Plamt Account #030-822-65. As indi- cated in M~. Sullivan's memorandum, by purchasing these pro- ducts in bulk, the City will realize a better price. It is Mr. Sullivan's recommendation to continue purchasing these products from the same two companies who are supplying us at this time. He concurs with Mr. Sullivan's recommendations. Mr. Caldwell moved to approve these recommendations, seconded by M~. DeMarco. No discussion. Motion carried 5-0. Consider Approval for Purchase oE Books & Other Media for the Library ~. Kohl requested Council's approval for the purchase of books mud other media, i.e. records, puzzles, etc. for the Library at an approximate cost of $5,000.00. A copy of the Budget Trsmsfer Request has been submitted, which must be approved subject to Council's approval of the above. As indi- cated, monies are available to be trmusferred from Fixed Charges, Special Contingency/Anti-Recession Account No. 885.17 to the Library (Books) Account No. 001-880-74. As they know, the Anti-Recession funds can be used for this and he would like to mse it for books. Ca~dwe__ moved to approve the City Manager's request for the purchase of books and other media for the Library at an approxlm~.te cost of $5,000.00. M~r. DeM8~co seconded the -18- MI~TTES REGULAR C_TY COUNCIL MEETING B~Y~TOE BEACH, FLORIDA 17, 1977 motion. Under discussion, Mayor Zack~clarified that this $5,000 was not part of the budget and ~k~. Kohl replied: no. Mayor Zack~referred to the total of ~25,O00 s_nd ?lt. Kohl clarified that only $5,000 was spent for the Library and there is more in the budget. Mayor Zack stated he thought the Library should be updated as much as possible. Motion carried 5-0. ~equest for Extension of Retirement - M~. Henry Alber~ Mr. Kohl referred to a recuest from M~. Albers submitted and his comments which he'submitted on Ms~v 6, 1975, at the time of ~. Alhers, first request for an extension of re- tirement. To bring you ~p to date on his absences, he has been out four (4) days in 1976 due to the death of his mother who resided in Daytona Beach; mud for 1977 (to date) M~. Albers has not been out at all. Needless to say, he is of the same opinion regardingMr. Albers, ability and dedi- cation; he is an outstanding employee s~d most certainly a credit to the City. According to the ordinsaace, ~. Albers is permitted to request an extension of his retirement for four (4) successive years or at age 70 whichever comes first. Again, he strongly reconnmends M_r. Aibers' retirement be ex- tended for one year beginning June 14, 1977 through June 13, ~978 in the position he now holds as Supervisor of the Build- ing Maintenance Department. Mrs. Jackson moved to grant this extension. She added she didn't think anyone should be put out to pasture because they reach 63. She thinks ~. Albers has done a wonderful job. ~. DeMarco seconded the motion. Under discussion, M~vor Zack%stated he personally feels this man is very re- sponsible. Mr. Strnad added that ~. Albers has probably done more for this City than any other person who has worked for this City. This man is terrific amid it would bsa shame to 10se a man of this calliber. He suggests honoring him in some way for his dedication to the City. Motion carried 5-0. (A S~preme Court Ruling) Mrs. Jackson referred to the lawAhavlng been changed s2ating you cannot discriminate because of age and suggested that the Civil Service laws be reviewed mud possibly take out the age limit. Possibly they could put in if the employee is in good health with a doctor's certificate, they could continue. She would like this to<~be put on the agenda for the next meet- ing~for further discussion. Mss'or Zack<~replied that they did have a right to Continue if the City Manager recommends for one year at a time. Mr. Strnad suggested leaving it as is. ~-~s. Jackson continued that she did not think they should simply depend on one person,s viewpoint whether the employee should be let go. She thinks they should be able to sts~v if their health is good and they are doing a good job. Mr. Strnad stated that when a person reaches the age of 70, he See Min. of 6/7/77 -19- MIh~JTES - REGUL~R CiTY COUNCIL ~ETING M~%Y t7, t977 BOYNTON BEACH, FLORIDA may want to keep active, but they should give younger people a chance also. ~ms. Jackson clarified that she was just re- ferring to the age of 65. Mayor Zack stated that the City Manager is acquainted with the employees and should know whether an extension should be gr~uted. M~s. Jackson re- ferred to one case previously when the City ~nager did not submit a written recommendation. She requested this item to be placed on the agenda for the next meeting. Request of Boynton Beach Child Ceme Center, Inc. Trailer Mobile Mr. Kohl referred to a request submitted from the Boynton Beach Child Care Center for permission to move a mobile trailer onto property leased to them by the City. If Coun- cil approves, this permission would be6gr~uted for a period of one year. Mr. DeMarco moved to grant approval, seconded by Mrs. Jackson. Under discussion, M~. Caldwell questioned why they were re- questing this and asked if the Center was operated by the City? Mr. Kohl read the letter dated May 3, 1977, from the Boynton Beach Child Ceme Center for further cls~iflcation. M~or Zack asked if this would be checked out by the Build- ~g Department ~ud ~. Kohl replied: yes. ~s. Jack~on added that this has been done in the past. Motion carried 5-0. Discuss Accommodations at Animal Shelter ~. Kohl informed the Council that last week, a resident of the City called regarding conditions at the Animal Shelter. She was particularly concerned about the following: The ~uimals did not have actual bedding or pads to lie on. Cages for the cats were too small. Mistreatment of the animals. Does the City have a flea control program. He requests Council's wishes regarding an investigation of the situation at the Animal Shelter ~ud possible recon~enda- tions to improve this operation. He realizes this is an Administrative item; however, there could be monies involved. i~s. Jackson referred this might be reported to-the H maae~Societ and asked if M~. Kohl had looR~d into ~is ~ad M~. K6~ ~eL Y plied that the main thing was the plastic bedding. ~. See Min. DeMarco asked if this was required and M~. Kohl replied that of he did not think it was. 6/7/77 M~. DeMarco moved to instruct the City Manager to handle this, seconded by Mrs. Jackson. No discussion. Motion carried 5-0. -20- MIk~JTES - REGUL~R CITY COUNCIL MEETING ~Y 17, ~977 BOYNTON BEACH~ FLORIDA ReQuest for Refund on Cemetery Lot ~. Harry N~im!ch M~. Kohl referred to correspondence received by the Cemetery Board from ~. Nemd_cn and requested Council's wishes on this matter. M~s. Jackson moved to grant this~request, seconded by DeMarco. Under dSsc~ssion, Mr. Strnad stated he still thought we were rlpping people off with taking 2~g off. He referred to the price paid for the lot and what it could be sold for. ~. Kohl stated that the lots are maintained a_ud there is a cost involved and this has been the policy for years. ~, Strnad remarked that it was a shame we have to make money on a cemetery plot and Mrs. Jack, on replied that we are not making money. Mr. Kohl informed them that the money did not go into the General Fund, but into the Cemetery Fund. Motion carried 5-0. Accept Resignation from M~. Arnold R. lations Board Fasano - Community Re- Mrs. Jackson moved to accept the resignation from Mr. Fasano with recy~et and requested a letter to be sent. She referred to the ledge number of members on the Community Relations Board ~ad stated she did not think it was necessary to appoint a replacement SeeM dh. member. ~. DeMarco seconded the motion. No discussion, of Motion cs~ried 5-0. 6/7/77 Appoint Alternate Member to the Board of Adjustment M~s. Jackson referred to ,Mr. Ben Adelman submitting a letter statir~ he would like to serve and moved to appoint ~,~. Ben Adelman as an alternate member of the Board of Adjustment. MC, Caldwell seconded the motion. No discussion. Motion carried 5-0. Applications for Permit to Solicit: 1. American Legion Auxiliary Unit 288 2. Cystic Fibrosis Foundation 3. Leisureville Post 10~50~ Veterans of Foreign Wars M~. Kohl informed the Council that all the applications were in order ~ud requested approval. Mrs, Jackson moved to ap- prove all three applications, seconded by ~. DeMarco. Eo discussion. Motion carried 5-0. Application for Beverage License - Villager Pub Kohl read the application. Mr. Caldwell moved to grant Jesus,_ce of the license, seconded by Mr. DeMarco. Under ~ cussion, ~s. Jackson referred to receiving some complaints -21- MI~tTTES REGULAR CImY COUi~CIL MEETING BO~VNTON BEACH, FLORIDA 17, 1977 and questioned how many places were located in this area? Mr. Caldwell informed her that Mr. Hans Schmitz formerly owned the Villager ~.b, but he passed awsy recently 8~d this is his daughter applying for the license. Motion car- ried 5-0. .Consider Approval of Various Budget Transfer Requests Mr. Kohl requested approval of the following Budgev Transfer Requests, all of which have been submitted: For final psjment to Martin J. Yoha!em, P. E. for Tech- nical Assistauuce ordered by the Grand Jury and approved by Council on December 21, 1976, regarding Village Royale on the Green, Greenview Building, Final Payment - $127.50. For fill at landfill area - Keatts Trucking Service in the amount of $1~024.O0 is listed on this agenda's "Approval of Bill~. Final Payment is expected soon and will be placed on the June 7th agenda's "Approval of Bills~,. Two Budget Transfer Requests involving different accounts to cover additional Carpenter, M~j & Bremer invoices for the 1975-t976 Annual Financial Report in the amount of $1,188.38. included in this agenda,s "Approval of Bills". At the time of the 1976-1977 budget preparavion, we found we were quite short as mentioned to all of you. He had to include every de~oartment ~ud deleted this Merit Bonus item. Now that the-fins~cial report is in ~ud he has un- appropriated surpluses~ he would like to include this in the present budget under "Fixed Charges~, in the amount of $2,000.00. Mrs. Jackson moved to accept the recommendation of the City Manager and grant the four budget transfers. Mm. Caldwell seconded the motion. No discussion. Motion carried 5-0. Receipt of List of Payments fo~ Ap~i%~ 1977 ~s. Jackson moved to accept the List of Payments for April, 1977, and attach to the minutes, seconded by M~. Caldwell. Under discussion, Mayor Zack asked whose uniforms were cleaned and M~. Kohl informed him that blankets were clea~ued. Mayor Zack referred to Dixie Asphalt Co. submitting several small bills and M~. Kohl informed him that they buy asphalt from them for the box spreader and patching holes. Mayor Zack referred to Page 19 and the payment to Olenik Plumbing and asked if there was a con~lict with this since I~. Olenik serves on a Board and !~. Kohl replied that as long as the price is the same, they can buy anywhere. He added that these payments covered equipment purchased by all depart- ments. Motion carried 5-0. -22- MIN~JTES - REGUL~M CITY CO0~CIL MEETING BOYNTON ~' BEA~, FLORIDA MAY 17, 1977 Approval of Bills ~. Kohl read the following bills for approval: American S~htseeing Tours~ inc. Senior Citizens trip to Busch Gardens Pay from 001-402 City re-imbursed by individuals 1,019.00 Frank Boulton Datsun Shortbed pick-up' for Sewage Pumping Station Pay from budgeted funds 030-921.51 State bid per City Manager's approval 3,621.00 South Central Regional Wastewater Treatment & Disposal Board 250,764.00 Aprzl o. zsbursemenz of funGs Pay from Atlantic National Bank - Series 1975B Per "~dministrative Procedure" dated 1/27/77 4. Allied Chlorine & Chemical Products~ Inc. 4,388.86 Pay ~om budgeted funds 030-~11.63 $3,258.00 030-822.63 $1,130.86 5. Advance Air Conditioning & Heatin~ Inc. 1,650.00 Install A/C in Personnel Dept. Pay from budgeted funds 020-800 6. Ernest G. Simon 3,258.00 Professional' s~rvices on Rinker, Lehigh Portland Cement & Tick cases Pay from Account O01-814.18 Transfer approved to cover cost Intercounty Construction Est. #8 201,911.32 Water T~eatment Plant Expansion Pay from Atlantic National Bank ~ Series 1975A Contract dated 7/9/76 8. Gersch & Brmmuchi Est. #8 18,476.10 Water Distribution Building & i~,~a_rehouse Pay from Utility General Fund 030-205 Contract dated .~/26/76 9. Willie Ruth McGrad..v 96.00 Server for Senmor Cmtizens Club - 2 weeks Pay from b~dgetem funds 020-880 Ordinance #73-15, passed 5/15/73 10. Isiah ~ndrews 1tO.O0 Driver for Senior Citizens Club - 2 Pay from budgeted funds 020-880 Ordinmuce #73-15, passed 5/15/73 weeke -23- MI~JTES - P~GUL~R CITY COUNCIL ~TiNG BOYNTON B~ACH, FLORIDA ~£~Y 17, 1977 11. Publix Supermarket Food for needy and infirmed Pay from budgeted funds 020-880 Ordinance #73-15, passed 5/15/73 165.19 12. ~eatts TruCkin~Service ~ill for City Landfill Subject to approval of transfer Pay from 001-853.39 13. c~penter~ M~& Bremer printing cOsts of annual report Subject to approval of transfers Pey from 001,830.21 $792.26 001-802.2t $396.12 1,024.00 ,188.38 14. Board of County Commissioners 1,714.45 Repair & material for Servicing traffic devices Pay from budgeted funds 001'854.97 15. Crabt~ee Cons%ruction Co.~ I~c. Est. #2 30,251.33 Relocation of U~ilities on Woblbright Rd. Pay from Utility General Fund 030-205 Contract dated 2/15/77 16. UnSted States K-9 Tr~nin~ School 11,268.00 FOU_~ (4) K-9 DOge, training course and equipment Pay from~funds transferred - 5/3/77 meeting 17~ ~.B.M. Corporation 3,~35. 0 ~ompUter r~ntal - month of May ($3,059.00) Back billing for Jan., Feb. & Mar. ($276.00) Pay from budgeted funds 001-890.38 ~. Kohl stated that the bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Depamtment; funds are available in their respective budgets. He reco.~.ends pay- ment of these bills. Mms. Jackson asked m~ Item No. 8 had a~thir~ to do with the Ch~mge Order which was sent back for review and ~. Kohl re- plied that the Change Or~er h~d nothing to do with this. }~. Strnad referred to Item No. 6 ~nd stated he thought we were all through paying ~. Simon for his work on cases. Mr. Simon has not been the City Attorney for over a ye~. How come this bill was submitted so late? Mm. Kohl replied that these were the three cases approved by the Council for Mr. Simon to handle. !~myor Zack questioned the lateness in submitting the bill and Mr. Kohl replied that he did not know why, but }~i. Simon admitted they were late. MINUTES - REGU~a~ CITIr COUNC~L ~ETI~G ~&Y 17, 1977 BOYNTON BEACH, FLORIDA DeMarco asked if the bill was in line ~ad ~. Kohl replied they have to pay on the integrity of the person. ~s. Jackson added that the Tick case was just recently finished. M~. Kohl agreed ~d added that Rinker and Lehigh Portland Cement went on and on. M~s. Jackson moved to pay the bills, seconded by Mr. DeMarco. No discussion. Motion carried 5-0. OTHER Disposition of Used Equipment Mr. Kohl requested permission to sell an addressograph and the supplies which go with same to the Chamber of Commerce for the price of $40~.00. This price is better than any bids received in the past for this item. Also, he requests approval to trade several miscellaneous office machines to Business Macaine Co. of West Palm Beach for two (2) new cal- culators. ~. Strnad asked if this was the same addressograph used by the F.O.P. to send out letters arid ~. Kohl replied that it is, but the Chamber of Commerce is willing to help any organ- ization in the City. Also, the City does have a computer addressing program which can be used if necesss~.y. ~. DeMarco moved to grant the City Manager's requests, seconded by ~_~_rs. Jack, son. No discussion. Motion carried 5-0. Request for Approval for Engineering Study - N. E. 7th Street M~. Kohl requested approval for an engineering study to be made by our City Engineer for the possible re-building of N. E. 7th Street. He would like to do the job with large sizes of "rip-ra~' similar to what is being used at the municipal boat ramp. He added that this street was located p~allel to the intracoastal. ~L~. Caldwell moved to grant the request for an engineering study, so we can do something about the streets in our town. Mr. DeMarco seconded the motion. No discussion. Motion carried 5-0. Campers and Trailers M~. Paul Hill, 2451N. E. 1st Lane, appeared before the Coun- cil and stated he felt his Constitutional rights were being a little bit violated. He referred to the ordin~uce per- taining to camping trailers parked on private property. He owns one amd it is not up often, A red tag was placed on it .25- Mi~.~JTES - P~GUL~ CI~ff CO~CiL R~ET!NG BOYNTON BEACH, FLORIDA 17, 1977 and he went to the Building Department about it and was sent a copy of the ordins~ce. He requests the Council to take into consideration that he cannot afford to pay someone to store this for him for a~long period of time. He told about his job requiring him to drive through the City often and he sees them sitting all around, but m~4y people cannot afford or have available places to store it. He requests the ordin~uce be changed to allow campers ~ud trailers to be parked on private property. He referred to boats, swamp buEgys, etc. being allowed, ~hich look terrible. He takes pride in his own property and does not offend anyone. He does not feel his camper offends anyone nor hurts anyone by setting by his home. He would like the ordinance changed to read from private property to City streets. He does not agree to having them parked on City streets, but feels they should be able to park them onzprivate property. M~. Charles Whooten, 111N. E. 17th Avenue, appeared before the Council and stated that he also owns a 19 ft. travel trailer. He also had a red tag placed on his. He thinks the ordinance is unjust and doesn,t think the inspector ms going about enforcing the ordin~uce in the right manner. He tab<ed to the inspector and was told this was done when they have a complaint. He informed the inspector if this was the case, he would officially make a complaint against all such trailers and campers in the City of Boynton Beach and request red tagging on all, so all are removed ~md everyone is treated equally instead of going to the north side at one time and not the south side.. He does not think the job is being done properly. He sees no reason these vehicles should not be allowed parked on personal property, but not in the street or the ares between the pavement the street. The ordinance also states truck~ are not allowed. These trailers are not being lived in. He does connect the electricity to his periodically to protect the refrigerator, but that is all. The inspector said the ordinance applied to arjthing over 3/4 ton capacity which covers Winnebagos. If the law is going to be enforced, it should be done 100% throughout the City or not at all. He requests the ordi- nance to be ch~uged so people can park these vehicles on their property. He has his parked in his driveway as there is not enough room in the side or rear. He suggests possi- bly that the City issue a sticker for $2.OO or $3.00 to cover the work for these things. He wsmts to see it en- forced to the extent that it is just to all people in the City. Mayor Zack clarified that if it was enforced throughout the City, ~. Whooten would be in favor of it. He asked if it was being enforced and M~. Kohl replied: no. He stated that he requested this to be on the agenda because of phone calls he has received do~ing the past week. He has nothing against -26- MIhU~TES - REGU~ CITY COUNCIL }~ETiNG BOYNTON BEACH, FLOR!-DA MAY 17, t977 these people and appreciates their position. There is an ordinance which has not been enforced ~ud he does not w~ut to hurt people, He must either start enforcing this 10~ or the Co~ucil must change it. Mayor Zack told about different areas of the City ha~l~g 1 ' restrictions a_low~.ng 1/2 ton trucks, but not 3/4 ton trucks. Mss. Jackson stated that this came up in the late 1960's bud was hashed around and they decided to keep it on the books, but it was not enforced. She thin~ this is wrong. This is a recreational City and the people should be allowed to have them as long as they are not an eyesore. It should b~ okay to park them on their private property as long as there~is plenty of room and it is screened. She told ~oout ~eeMin. o a former M~yor parking his boat in the garage and leaving 6/7/77 his car in the driveway. Mayor Zack stated this did not apply to boats ~nd ~. Kohl agreed that boats were allowed. M~s. Jackson clar~ied~h~tthisap]~p~sto~ll~t~a&ler~includinu~oattraile~s. She thinks it is wrong to keep the people from having recrea- tion when this is a vacation area. Mayor Zack stated that he personally thought it was a good ormmnance ~ud s~ouim be enforced. M~. DeMarco stated he thought the ordinance stinks. The people have trailers, boats, etc. ~ud this is the way it is today. The people buy tags for them. He is against the ordinance and th~uks it should be chsmged. M~. Bill Humphreys, 1~3 S. W. 24th Avenue, appeared before the Council and informed them he has l~¢ed here for 24 years and has worked here for 15 years. He has watched the communi- ties develop near Boynton Beach and kuows there are so many restrictions, you can almost choke. He owned a camper for 19 years and now has a mini motor home. He knows about the ordin~uce, but wonders how m~uy complaints were received. This law was passed in ~963 and there have been a lot of developments since then in the recreation vehicle field. He represents the Florida Chapter of the Starcraft Camper Club and has run into this problem in other cities. There are too m~ny restrictions and requirements on their personal rights right now. He has invested money in his recreation vehicle so his family can do things together. If the people are forced to store them, he does not think there would be a place to store them all. He called a place about storing and got the price of $t5.00 per month. He explained how with paying storage, it would defeat the purpose of the motor home. Also, there is the possibility of his insur- gence rate being increased. There are also a lot of vans, even 3/4 ton vans with sleeping ~ud cooking facilities, and these cannot be restricted with people driving them every dsy. He csm use his mini-van every dsy~and can circumvent ~27- Mi~JTES - REGUL~R CITY COU~CIL ~ETING BOYNTON BEACH, FLORIDA M~&Y 17, 1977 the ordinsmce. In reference to screening them, in some cases a hedge may be all right, but he would venture to say some screening attempts would be less appealing than a c~per. Also, in view of vandalism, with screening it would not be in view of neighbors or the police. Some ordinances allow them to be parked at the side or rear of the house; however, the zoning restrictions in this City do not leave enough room in the rear or on the side where vehicles like this can p~rk. In reference to garages, many homes do not have garages or the campers do not fit. Also, he does not think a motorized vehicle should be under the same ordinance as it is a differ- ent type of recreation vehicle with gasoline, battery, etc. and cannot be set off somewhere. He thinks the ordinance is wrong. South Florida is recreation inclined. Instead of trying to enforce it, he thinks the ordinance should be change~ to make it realistic. There ars boats, junk cars, dune buggys, etc, ~arked on the street which should be con- sidered. He thinks if people have nothing to do but attack other peoples' personal rights, he gets worried thinking of what will be next. ~,~s. Wagner, 309 N. E. 2Oth Avenue, appeared before the Council ~ud stated that she has a 19 ft. Tioga Motor Home. It is parked in front of her garage. She challenges anyone to find anything untidy about it. She previously lived in Boca Raton and moved to Boynton Beach because of the restric- tions there. She agrees with the other speakers and would like to add it is very serious when their personal~berty is infringed upon to s~¢ someone c~unot have a good looking pxece of equipment on their own property. She then told about her husbmud having a physical disability and needing this type of vehicle to ride in. She told about the diffi- culties they experienced when living in Boca Raton and hav- ing to store the vehicle. She thinks the primary purpose of the law in the first place is to restrict people from sleepim~ in them and they do not use theirs for this par- pose. She thinks consideration should be given to the rights of retirees and handicapped people and others who have spoken who are interested in Boynton Beach. Mr. Fred Debbin, 370 Minor Road, appeared before the Council and stated he would like to add that he doesn't think there should be any amendments, but the ordinmace should be tsd<en off the books altogether. He told about a msgazine article where i~ was found that such sm ordinance was unconstitu- tional in Euclid, C~io. Most of the people owning these vehicles have families and feel it is important to do things together as a family. The price of the vehicles is almost out of reach for families smd it will be made out of reach if they have to pay storage. He does not agree with any fencing. Most of the people in Boynton Beach do not own a lot big enough to park it next to or in the rear of their houses. As long as the vehicle is not obstructing traffic and is not unsightly, he thinks it should be allowed. -28- MIhr~TES - REGUL~ CITY COUNCIL MEETt~NG BOYNTON BEACH, FLORIDA 17, t977 M~. John Jameson, 649 Las Palmas, appeared before the Council suud stated he did not know this item was going to be on the agenda and thinks there are ms~y other people in Boynton Beach in residential areas who are totally unaware this ms under discussion or consideration tonight. It seems the group presenv is losely organized and presiding on one side of the story. There are zoning laws in this City. There are people living here who are proud of their residential areas and this should be considered too. The Council has nm. de a commitment to the other people as well. He does not think it is fair to make any decision on this tonight unless it is ad- vertised ~ud the other people in the City are given the oppor- tunity to give their viewpoint. M~yor Zack agreed. ~. Edward Wallschlag, 1611N. Seacrest Blvd., appeared before the Council and stated that he has a 19 ft. travel trailer. He put in a concrete driveway to park it on; however, because of the traffic on Seacrest Blvd., he moved it into storage before receiving a red tag on it. He told about having to move the trailer from one storage area to another because of the vandalism and still has a vandalism problem. He s~ad his family enjoy camping in their trailer. He does not see where he c~unot keep his own personal pro~rty on his own personal property. If he cannot keep something like this which he enjoys, he might as well move out of Boynton Beach. ~myor Zack referred to'this being a controversial issue and suggested tabling it until the next meeting, so more people can be informed. M~. DeMarco asked about the red tags. Mm. Caldwell stated he thinks when this ordinance was ori- ginally drafted, it was probably designed to keep gypsies out. He agrees it causes an undue hardship on the people owning these particular vehicles. He feels we must t~ke steps to make the ordinance more for the people. However, we must protect the overall appearance of the City in the residential neighborhoods. He thinks this should be on the agenda for the next Cou~ucil meeting and possibly lay the groundwork with preparing ar~ ordinance more in line with today,s situation. Mayor Zack agreed it should be puv on the agenda for the next meeting to give the other side a chance to express themselves. They should hear from both sides and then draft an ordinance. M~s. Jack, on stated this happened io~the late 1960'saud ~ameupcon- stantly week after week. It was then decided that the ordi- nance was not going to be enforced. She is hoping it will See Miu. of be resolved. They should be trying to keep families to- 6/7/77 gether. She does think there would have to be some kind of ordins~ce drawn up to take care of people not wanting u~- sightly things and obstructing traffic. -29- MI~MIT_ES a~uULAR C!~f COUNC/L M~ETING BOSTON ~ACH, FLORIDA 17, 1977 ~e. Jac~on moved to put this item on the agenda for the next meeting, seconded by~. Caldwell. Under discussion, M~. Moore suggested advertising and holding under a public hearing. Motion carried 5-0. Mrs. Jack~on asked about the red tags and Mr. Kohl replied that the Council must tell him not to red tag. M~. DeMarco moved to hold off on the red tags ~until this is straightened out, seconded by Mr. Coldwell. Motion carried 4-1 with ~. Strnad dissenting. M~. Mike Mehalic, 327 N. E. 15th Avenue, appeared before the Council and st!ated he was in favor of everything. He told about a bus being par~ed across the street from his house foreight d~¥s ~ud obstructing traffic. M~s. Jackson agreed that some restrictions must be included. ~. Kohl stated if he had been notified, it would have been moved the first d~v. Mr. Charles Johnson, Co-Chairman of the Comm~uity Relations Board, appeared before the Council and stated %hat the Com- munity Relations Board was appointed to deal with the health and welfare of the people of Boynton Beach ~ud he believes the Councilshould have some input from this Board and M~yor Zack agreed. M~crofilming ~@. Kohl referred to previously discussing buying microfilm- ing equipment for the Building Department and requested $6,500 to microfilm everything in the Building Department, so they can get rid of antiquity and be able to find infor- mation. Money is available in unappropriated surplus. He explained how it was advantageous to microfilm instead of having file cabinets. M~s. JaCkson moved to grant this request, seconded by M~. Caldwe_z. No mzscussmon. Motmon carried 5-0. .~!egram Regarding Water Treatment Plant Expansion. ~k. Kohl read a telegram he sent to DER on ~y 13, t977 and the reply from ~, Landers receiVed today at 3:00 P. M. (attached). Mm. Strnad statedhhe was glad these were read as this is what he was trying to point out in the previous minutes. This is just what they wan-ted and what they mandated. Mme. Jackson replied that he voted to have this telegram, go out and }~. Strnad agreed. }t~. Moore asked who arranged for this tele- gram to be sent a~ud Mr. Kohl replied that he talked to the Mayor and Vice Mayor and was authorized to contact DER. MINUTES - P~EGU ~LkR Ci~f COUNCIL ~TING BOYNTON BEACH, FLORIDA F~Y 17, 1977 Mm. DeMarco stated this was not done by a majority vote of the Council. ~m. Kohl explained that ~. Joe Swan came into his office on Friday and asked him to sign a paper with things Russell & Axon wanted to do at the water plant. He suggested asking DER if we could or could not do it. ~4~. Swan said Council w~uted the eight items approved and he rejected. He talked to.the Mayor ~ud Vice ~yor and sent the telegram. Mayor Zack added that they were ur_der the impression that Russell & Axon was going to follow this up and when they did not, we did. Mr. DeMarco clarified that the instructions were for ~. Hallman to fill out the forms ~ud apply. ~. Strnad stated he did not see ~nything irregular about this. ~s. Jackson asked if M_~. Hallma~u took any action ~ud M~. Hallman replied that he has been ts.king action for almost four years. M~s. Jackson clarified that she me~ut after the last meetin~ and ~. Hallman told about drafting a letter outlining their understanding and directions based on the majority of the Council members advising how they were pro- ceeding to satisfy the requirements of the Council. He also spoke to a representative of the County Health Department. Also, ~. George Russell attended a conference in Tallahassee prior to the last meeting which he reported to the Council. They are prep~ing what they were instructed to do by the Council. The technical information must be submitted for DER,s review and this is what ~. Russell outlined at the last meeting. ~jor Zack asked if he had contacted DER since the last meet- ing and ~. Hallm~u replied that he contacted Mr. Warren Strahm, DER Palm Beach County representative. However, they must have the technical information submitted. Mms. Jackson stated she felt they all should have a copy of the letter sent to ~. Kohl ~ud~m.u Hallman read the letter confirming the ~ctmons of the City Council meeting. M~. Hallme~ then stated that since they have received this telegram from Mr. L~uders, 82ad he feels M~. L~aaders' staff will back him, they have two alternatives either to continue with construction using 1Lme softening or challenge DER's authorization. They were under the impression that the re- quirements were relaxed. He attempted to do this in an or- derly manner and has had the staff wor~g on it. They were instructed by the Council to do certain work and if it is the direction to stop what they were instructed~ they w~at the Council to tell them. He has had a staff of people and engineers in Daytona assigned to preparing the tual design, technical data, etc. He spoke to ~. Kohl after he sent the telegram and wrote ~uother letter. -31- MINUTES - REGULAR CITY COUNCIL MEETING BOtT[TON BEACH, FLORIDA 17, 1977 Mss. Jackson stated when they had the difference of opinion of what happened at the last meeting, she asked to have a transcript of the me~ting of what ~. Russell said. ~. gtrnad didn't understand what was said and Mm. Kohl and M~jom Zack did not agree with her. She listened to the tape twice. The whole thing has been botched up. Mayor Zack clarified that the question is whether we are going to proceed or stop. He feels they should stop con- struction. Mm. DeM~co asked for Mr. Hallman's opir~ion and M~. Hallman replied that it would cost $76,900 to stop construction for one month. Mayor Zack stated that he was under the impression that Russell & Axon was going to follow this up with DER and Mm. Hallman informed him that they were attempting to do this, but know the technical data must be presented. M~or Zack stated the question was whether to continue on with the same process without lime softening ~ud I~s. Jackson added that the instructions were to submit an application to DER and no application was sent. ghe added that this was in the minutes and exactly what was said. This is what ~. Hallman was instructed to do. Mayor Zack asked why }~. Hallman did not apply foraan application? Mms. Jackson stated that the instructions did not ssy N_~ Kohl should send a telegram, she listened%othe~tape~twice_and asked tobav~ a transcript made of this b~t this was not dc~sothere would not be any question about SeeM in. of ~he whole thing 8~ exactly what I~. Russell said. ~. 6/7/77 Hallman informed them that he spoke to several people about this and was told to prepare the~necessary documentation and they would take a look at it. M~. Kohl clarified that the~statement in the telegram of an additional treatment barrier as approved or comnensurate shall be provided means we must have another chemical bar- rier and ~. Hallman explained how they had two positions open either to continue exactly like they are with construc- tion of the treatment plan or question DER's oosition or authorization to do this. He requests the CoUncil to tell them whether to continue with the conceptual desi~on. i~s. Jackson stated she felt the question of why they re- leased it for M~uaiapan ~ud not for us should be answered and ~[~. Hallman replied that he thin/~s this was_accurately answered by M~. Russell with his explanation that Mr. Landers disagreed with the technical staff and directed the letter to be written. I~s. Jackson asked if he had any answer and ~. Hallman replied: no~ he was trying to prepare the mini- mum requirements necessary to get consideration to continue with the filtration which they are operating with. -32- MII~JTES - REGULA~q CITY CODq~CIL ~'~ETING BOYNTON BEACH, FLORIDA ~aY ~7, ]977 Mm. Hailman then clarified the previous statements made by .~. DeMarco Lcd advised that the figure for the actual savings between lime softening and iron removal is .07855 per gallon, On a design rate of 16 million gallons per daj, this works out to one-half million dollars per year. He believes the figures ~L~. DeMarco quoted referred to construction costs to be saved. Mm. DeMarco stated that the Council never told them to stop building the water_ olant as we have the need for water. ~. Hallman referred to ~. Kohl's resentment to signing the authorization and stated that each time they are authorized by the Council to do something, they get authorization from the City Mmnager clarifying the instructions, especially in working with the time frame they are working in. ~ney are trying ~o diligently proceed with the work. They were try- ing tb give their understanding of the nine items. They need the Coumcil's direction. Mrs. Jackson stated she would like to have a copy of the letter sent to Mm. Eohl from }~. Hallman. She feels there has been a great misunderstanding. She feels there was a misunderst~uding in the minutes because we do not have a transcript of this. ~yor Zack requested her to check th~ tr~uscript of this. Mr. Haiiman stated that he still needed direction. Mayor Zack suggested that he contact DER himself ~ud see what they think without going too far in the design. ~. DeMarco stated he thought we should file an application. M~s. Jackson moved to have ~. Hallman file an application with DER asking the necessary questions, as we must have the application filed with DER. M~. Hallman replied that they wanted to do exactly what the Council wants. He stated that they have received direction from M~. Landers as to what he and his staff waist. Mr. Strnad stated he could not see going into this additional expense. Why change? We did make direction at the last meeting, but now have gotten ar_ answer. We wanted to find out if they were going to relinquish their de~nd for lime softening and now we have the answer. Why go through the expense? ~s. Jackson asked what ex!~nse there would be in filing an application and asking why they relaxed the bar- rier requirement in Manalapan ~ud not here? M~. Hallman stated that he has attemoted to outline to the Council that this is a difficult proposition in preparing the technical data. The application must be ~ended and technical backup prepared. They are talking about $2,500 to $3,500. Mayor Zack asked how long it would take to prepare this data ~od >~. Hallman replied approximately two more week~. They had 6/7/77 -33- MINUTES - REGULAR CITY COIJ~NCiL M~ETING BOY~TON B~ACH, FLORIDA 1977 planned to sit down with the people around the first of June for discussion. Mayor Zack clarified that they platted to present the design with the application and!~. Hallman re- plied: yes, the~ planned to present the design and technical backup data to DER ~ud sit down in conference with them and Palm Beach County ~ud proceed from there. This is the route which must be t~en intthe design of any water treatment Plant. ~. Strnad asked if it was a fact that an additional barrier was not required because it is a different system and M~. Hallman explained how it was a different process. M~. Strnad clarified that they were mixing applas and oranges and could not comp~m~e the Manalapan plant to our plemt, as it is a different type of plant. If they don't require the barrier, it does not n~an that we do not need it. Mr. Hallman replied that in their opinion, a portion was relaxed in the earlier direction with not requiring sedimentation. Also, it was their opinion that the Council's 4-I recommenda- tion is that direct filtration was ~u experiment and they did not want to try it. M~. Ca!dwell stated that in lieu of this telegram, is this plsm going to make any dif£erence to ~. Landers ~ud Hallman replied that they have two directions to t~e, ~ither continue with what they have or instruct the City Attorney to reG~st a legal authorization to add a chemical barrier. ~. Caldwell stated that this did not answer his question a~ud he asked if they had an alternative from ~ER at this junction in time ~ud ~.'Hallman replied that he thought he ~swered that question. ~s. Jackson clarified that she understood M~. Hallms~ was saying we can ask our City Attorney to con- tact DER and find out the legality of why the barrier was relaxed for Manalapan. ~. Hallman stated he would request what was their legal authority to require this City to pre- pare and use an additional chemical barrier, the lime soft- ening process. ~s. Jackson clarified that we must get the legality of the whole thing. ~. Moore referred to being involved in litigation with DE~R ~ud stated that as speaking as a ~itizen of this City, he would s~y the telegram was sent by a me,Ocr of M~. La~ders' staff and based on his personal knowledge, it was in direct confrontation of M~. Landers. He also thinks it was a mis- t~e for the City Mauager to directly contact DER without th~ engineer,s input. ~. Strnad declared M~. Moore out of order and stated he was here as the City Attorney and not a citizen. Mayor Zack added that the City Manager has the authority and M~. Moore replied that he did not have the anthority to go against the directions of the Council. -34- MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA 17, 1977 ~s. Jackson stated she objected to the telegram ~ud Mr. Kohl replied that she asked him to send it. Mx. DeMarco added that it was contrary to the minutes. M~. Hallman stated they would ha'ze a hard time fighting a telegram sent by ~. Landers. ~. Strnad moved to instruct Russell & Axon to discontinue aH further action mud continue with the plantas we have been going ahead with it. Mayor Zack ascertained there was no second and laid aside the gavel and seconded the motion. Under discussion, ~L~. Caldwell stated he was confused and asked if they could hold off for two weeks without causing any hardship and M~. Hallman replied that the only h~dship is that the construction of the plant must continue with it. He told about the equipment being ready for delivery. He added that he was trying to continue on without causing dam- age to the City, but if they make them sit ~ud[~hold this on discussion, the City will be penalized. M~s. Jackson moved to table this until the next meeting, seconded by Mr. Caldwell. Under discussion, M~. DeMarco referred to having a fixed cost on this. ~. Hallman stated he understood the instructions of the Co~cil were as stated in the minutes. If they tell him to stop tonight, he will stop the crew of people working on this. Motion carried 3-2 with Mayor Zack and ~. Strnad dissenting. M~. Hallman clarified that he would proceed under the under- standing from the last meeting. Mayor Zack suggeste~ that he prepare the design e~d application a_ud submit it to the Council and ~. Hallman replied that this is exactly what he u~nderstood. ADJOUR~MENT Mrs. Jackson moved to adjourn, seconded by M~. Caldwell. Motion carried 5-0 and the meeting was properly adjourned at 11:10 P. M. -35- Mihr~TE$ - REGULAR CITY COUNCIL~ ~ ME~T_NG'~ r - BOY~PTON BEACH, FLORIDA ~Y 17, 1977 ATTEST: CITY OF BOYNTON BEACH, ~W~0RIDA 6~6~c i! Member Council Member ~ City Cle~ Recorming Secretary (Four Tapes) -36- Report on "RID LITTER DAY" Date: Time: Place: April 30, 1977 9:00 AM to 12:00 Noon Boynton Beach, Florida The purpose of this event was to instill civic pride in keeping our City clean in the hopes that people will think before throwing away litter in Boynton Beach, and instead remember to use litter containers. Thus, Boynton Beach will be a City that can point with pride to its efforts in this cooperative project. Ten (10) individuals donated money and ten (10) organizations donated money for a total of $273.50 collected, with which 12 new litter barrels will be placed as a constant reminder that this should be a litter-free city. The planning committee, made up of 49 organizations and schools parti- cipating, met in six sessions beginning February 28th working out the details of the event. Galaxy Elementary School had a poster contest, and all the posters were placed where they could be seen. Figures and Facts: 745 children received certificates. Those-sponsoring children picking up litter were Galaxy Elementary School, Forest Park, Boynton Elemen- tary, Congress Middle School, Rolling Green, Poinciana, St. Marks School, Boynton Academy, Cut Scout Pack 316 Den 5, Palm Glades Girl Scouts, Wilson Youth Association, Methodist Youth Association, Little League, Women's club, Fraternal Order of Police, and Division of Youth Serv ices. Also, two neighborhood groups participated, one organized by a Lake Worth High School student and one by a Lantana student living in Boynton, !! years of age, who wishes to form a group from all over the city called CUBBS, "Clean Up Boynton Beach society", whose aim is to clean up their own neighborhoods week!y~ This in itselfmade RID LITTER DAY worthwhile. Orqanizations that took part in the actual clean-up are: Rotary, Sorosis, Chamber of Commerce, Knights of columbus, Community /mprove- ment Forum, Royal Palm Women's Republican club, Greater Boynton Beach Republican club, Kiwanis and Fraternal Order of Police. Total number of certificates given: 813 (adults did not get certifi- cates - just their organizations). ~e~'~ort on "RID LITTER DAY" -2- Many thanks go out to not only the actual litter-pickers but to the teachers and chaperones who supervised the children. Thanks are also due to the churches that not only announced '~RID LITTER DAY" in their bulletins, but announced from the pulpit. The Chamber of Commerce announced "RID LITTER DAY" in two monthly newstetters. Also, thanks to the businesses that advertised the event on their signs. A notice was also on all April utility bills as well as signs on the garbsge trucks. The signs at the entrances to the city, as well as the watchful eyes of the police, helped make this an accident-free event. The Recreation Board and Community Appearance Board expressed cooper- ation. Thanks are due the news media: The Shopper, Sun Sentinel, Boynton Beach News Journal, Condo News, Palm Beach Post, Palm Beach Times, Miami ~erald, and special thanks to radio station WKAO for giving 4 spot announcements a day for six weeks. Also, thanks go to the following establishments for distributing flyers announcing the event: 2 Publix Stores Grand Union 3 Winn Dixie Stores K-Mart 2 Super-X Stores 2 Eckerd Drug Stores Walgreens Drug Store Special thanks go to my telephone committee: Ethel Peters and Kitty Deneen. the students at St. Marks. ~2ae Tindell, Clare Casper, Also to Mike Mehalic for his help with The success of the day would not have been possible if it had not been for the tireless ~Jim Patterson of the Recreation Department for coordinating the whole event, and the men from the Sanitation Depart- ment who volunteered their services without pay for collecting the bags of litter. The crowning bonus for the children is due to McDonalds, who are giving a ticket for a cold drink, and Bud's Sake Out, who are giving a ticket for a piece of chicken. The result at noon on April 30th ~esi~es some sore backs from stooping) was over 25,000 pounds of litter picke~ up, which resulted in a cleaner City, and a feeling of cooperation with people of all ages. 5-10-77 rs.) Emily M. Jackson Chairman, RID LITTER DAY Vic~ Mayor, City of Boynton Beach ~ ~"~ ~:rd~of Country Commisssoners Lake L~tal, Chairman Peggy B. Evatt, Vice-Chairman Dennis P, Koehler Bil~ Medlen Bill l~aile¥ May County Administrator John C. Sansbury Department of Environmental Control 1977 ~ Frank Kohl, City Manager City of Boynton Beach 120 N. E. Second Avenue Boynton Beach, Florida 33435 Re: Bristol Springs Dear Frank: The County's efforts to acquire the Bristol Sprmngs system through a bankruptcy sale having been frustrated, we are now attempting to acquire Bristol Springs through a pur- chase from Chase following foreclosure. Chase has agreed to foreclose and will enter into a contract to sell the lines and land to Palm Beach County. A few changes are needed to the County's contract with Boynton to reflect these changes in our approach. Please review the attached draft. The fifth Whereas and the first_p~_~graph have been changed ac__cordingly; the langu_~- ~g~__"collection and" has been added to all references to distribution lines and the old contract is revoked. ~therwise~ the contract is identical to our current contract. If the contract is O.K., please have it approved by your Council, and executed in triplicate and returned to me. Thanks again, Frank, to you and your Council for your cooperation in helping solve this most frustrating problem. Sincerely, N. S~u~anne Hunter, Esquire Envii~onmental Control Officer NSH/fg Enclosure 901 EVERNIA STREE ? ' WEST PALM BEACH, FLORIDA 33401 (305} 832-8561 EXT. 81 RUSSELL & AXON Established in 1920 Engineers · Phnners · Architects Incorporated Mr. Fr~k Kohl, City Manager City of Bc~nton Beach Post Office Box ~10 Boyntc~ Beach, Florida 33435 Gentlemen: Subject: Nay 11, 1977 Change Order No. 2 Gersch &Bramuchi Project No. 6858-15 Phase ~-BNater Distribution Bldg. & Warehouse City of Boynton Beach Attached are 6 copies of Change Order No. 2 for subject project which represents a net increase of $2,734.00, made up of eleven minor items encountered during the course of the entire ccastruction which is nearing completetic~. This should be the final increase in cost of .the project. The items listed On page 2 range from a credit of $284 to a charge of $783 with most iu the $100 - $300 range. Some changes wore required of necessity, some to meet the .City's Code and others at the Departments request. Ne reoommend approval of-this change order. If this meets with your approval, please obt~B the required signatures and return k copies to this office, reta~Bfng 2 copies for your files. V~ry truly yours, RUSSEt& AXON Joe C. Swan, P.E. Resideet Engineer Attachments (6) cc: PAC with att (1) MLHwith att (1) Date: To: May 13, 1977 Honorable Joseph J. Landers Secretary, Dept. of Environmental Regulation 2562 Executive Center, Circle East Montgomery Building Tallahassee, FL 32304 Mr. Warren Strahm Administrator DPC Southeast Regional Office Pal~ Beach County Health Department 200 S. E. 6th Street Fort Lauderdale, FL 33316 Mr. James C. Williams Water Supply Section Palm Beach County Health Department 826 Evernia Street West Palm Beach, FL 33402 It has come to our attention through letters fr~ Mr. Joseph Landers that Manalapan has received conceptual consideration for their direct filtration water plant. Therefore, the Boynton Beach City Council members would like to continue with the expansion of our water plant minus the lime treatment and to proceed with the acceptable method of iron removal/filtration process that the City is presently using and has been using for a number of years. May I have your answer by telegram prior to our next City Council meeting on May 17, 1977, 7:30 PM. Frank Kohl, city Manager city of Boynton Beach 120 N. E. 2nd Avenue Boynton Bemch, FL 33435