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Minutes 03-01-77
MINUTE~ OF REGULAR CITY COUNCIL M~RTING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD LN CITY H~LL, TUESDAY, MARCH 1, 1977 PRESEN~ Eack, Mayor , Vice Ma~or C ~ O~.m~ Joseph DeMarce, C~cil~ Fr~-k Kohl, CityNanager · ereesa Padgett, City Clerk Gene Moore, City A~t~rney Mayor Zack called the meeting to order at 7:30 P. requested to please rise at the sound of for tor te the M~ ,,Announcements ~mnounced if there was amyone present wishing to the Council on amy item, to please step at ~he present time and submi~ their name to the City Clerk~ Mrs. Padgett, and when that becomes the order of business, Mrs. Padgett with call on them to be recognized. Mayor Proclamatl~m proclaiming. March $, 1977, to be 0R~ D~y ~. ~ (W?mens American Orgamizatmon for Rehabilita- tion through Trainzng). ~er Zack announced that the Festival of the Arts would be d 5 and 6 at the and e~eryone and the admissio~ was read a list of scheduled events for the weekend. Mayor Zack read a March, 1977 as Red proclaiming the month of MINUTES Relular Cit~ Council Meetin~ _ February 15, 1977 Mr. DeMarco referred to Page 19, about halfway dowm, and ¢°rrecfied that his statement was: This would "not" apply to the subcontractors making money om their own. Mr. ~trnad referred to Page 2~, second paragraph dowm, and made the addition to ~. Caldwell,s statement: it was done "~or" the City as a whole "for the benefit of the City" to improve the image of the City etc. Mr. Caldwell ~eplied that he had no correcti~nm. Mrs. Jackson referred to Page 2 where she made corrections to the minutes and stated that she still did not know what "it" was referring to. She received no response from the other Council members. MINUTES - REGULAR CITY COUNCIL MEETING BO~NTON BEACH, FLORIDA MARCH 1, 1977 Mrs. Jackson referred to Page 8, second paragraph, and stated it should Be: "whether condominiums with coin laumdries have an occupatiom~.l license- and 'Whether they have rd'should be stated that the last lime should be: "Miami and ~ machines. It is a business." Mrs. Jackson~referred te Page 12 and stated she was a little Confused about the' ten lines mp from the~bot~am and~ intent that Mr. Strnad refused to perso~and Nr. Neore replie~ that "chose'~ would he a be~er word instead of' ref~me~. Mrs. Jackson referred to Page 16, elevem~ ~ot%em, and requested that it he "the list ofipayments-ha4 been ~e Mrs. Jacksom ireferred to Page 1~ a~ sta~ed she thought where Mr. Thomas was memtioned, it should ~e Mr. Bernard Thomas, as he is a well !known ma~. ~y. DeMarce ~oved to a~cept the minutes as amended, seconded Mr. Caldweill. No discussion. Motion carried Special Cit~ goumcil Meet~ - February 1~. Mr. DeMarco, Mr. ttrnad and Mr. Caldwell stated they had no corrections. Mrs. Jackson referred to Page 13 and Mr. Caldwell,s request for each Council member to state individually their feelings and the various remarks are n~t included. She questions if they should be? ~he feels to make the minutes complete, it should go in there. Mr. Etrnad replied that his commemtwas that he did not have any comment nor any opinion to offer. Mrs..Jackson stated she thought they all made statements, but only Mr. Caldwell,s and her comments are mentioned. Mayor Zack stated that in reference to the Birmingham vs. Brown case, the date was 1915. Mr. ttrnad moved for the acceptance of the Minutes of Feb- ruary 17, 1977, as corrected, seconded by Mrs. Jackson. No discussion, Motion carried 5-0. PUBLIC AUDIENCE Mayor Zack asked if anyone desired to speak to the Council.~ Mr. Bruce Castanze stated his name and hi~ address as ]460 S. W. 28th Avenue. He informed the Council that this was located at the corner of ~. W. 28th Avenue and Congress Ave., Golfview Harbour, in the southernmos~ sec~iom of the City. -2- min. 3/15/' MINUTES - REGULAR CITY' COUNCIL MEETING BOYNTON BEA~, FLORIDA MARCH 1, 1977 He then distributed papers He informed them the first Detitien to to each of the Council members. sheet was a letter which he wrote right-of-way a~do~ment and he asked the City Manager City Pl~r t.o consider the waiv~n~ of the fee of second letter is a letter the he l~e- ~laeed om the ; the also rec ia [ith his original to ;ed he would like to ask $250fee for the the drawings and the le o W. 28th A~emue was abandoned hy but they only abandoned 38 ft. which leaves r between his property and wherethe been. Clark and had the the ~hows the few would legal description fee was paid in for this road, he thinks ii tO coffee1 This is is asking this Mrs. Jackson asked Mr. Castanzo if he ~hen this was abandoned and Mr Jacksoa re~dthat it Mr. Mrs. Jackson asked if the City and Mr. Annunziato replied that he the mi~u~es, bu~ did research this and~.~ Florida Power &Light Co. remain. He does not feel made the abandonment. conjunction with a Mrs. Jackson asked if ~ re~lied that Power & Light Ce. nee( that is .wh~ they requested it. using it and Mr. Castan~o yes -3- fee reflect information .~ input from that easement to in error when they done in Florida ,d. yes, were are overhead MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORiDA MARCH 1 , 19?? power lines. He added that he can see that Flow~mba Power & Light Co. needs an utility easement, but this property is in the middle of the $~reet ~nd is vacan~ aud does not ~elong to ~uYbody. When he went to Plan~img & ~e~ng Bo~ ~e~, he u~erstoo~whe~ pro~rty w~ ab~doned, the pro~rty re- ver~ed te the 'ahut2~ ~eperty owner. Mr. Kohl referred to the possibility of discussing this all that he o~taim the min~es from the ori- ginal report at the nex~ meeting. if it was proper to aban- the ~elieved K~hl ~w~r for their con- May the if anyQne else desired to address the Couscil. tha~ Nr. Elinger from Florida Power & present to the Council. & Light Co. appeared before Power timg' ing inception of their company, they Wo~bld be appropriate to presen~ a pla~ue commemora- the Mayer Eack announced that under Section VI Legal D. Other, ould ~e ~e a~dmtmom of two items: Discussion of the Nous- lng Authority And Discussion of Village Royale on the Green. B~DS ..One (1)Portable Voice Analyzer for Police Department M~. Kohl informe~ the Council that bids oR the above were opened on Tuesday, February 22, ~977 at 2:00 P. M. in %he Office s£ our P~rchasing Agent, Mr. William H. Sullivan.. The Tabulation Committee recommends the acco prance of the -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1977 sole bid from Law Enforcement Associates of Belleville, N.J. im the amoumt of $$,195.00 which includes the equipment in the amount of $3,895.00 and the training of two men in the amo~mt of of ~he Tahmlation Sheet, Proposal and 'Grimm B. DeP~¢is, Gemeral Nanager of 2, Imc. are em file~ He has checked all other requirements and everyt~h~.~g is imorder. Fumds for above are available im the Police Departmen~ Acco~-u~ No. cencnrs with the recommendations ef the Tabu- ~ if this was the only company makin~equilmment aadiNr. Kohl replied that e~idently it Was as they did check. Mr. Strnad moved to accept the recommen~atIon of the City Manageramd award the bid for one Portable Voice Analyzer for the Police Department. to Law Enforcemen~ Associates of Belle- ville,~N. J., in the amount of $3,895.00 plus $300.9~ for the training of ~we men. Mrs. Jaekso~ seconde~the motion. U~der discussion, Mr. Cal~well aske~ about the ~ses of the Portable Koi~e Analyzer and Mr. Kohl referred to it having beem om television and explaine~ how the Police would ~e able to tell a lot about the.perso~ tal~ on the ph,me. It will be helpful as the feelings are shown ia the voice. Motioa carried 5-0. Re-Roofin~ of Cit~ Buildinss Mr. Kohl requested that this be deleted as they are lookiag into a new ~evelo~ment of re-ro,fing. Mrs. Jackson moved to strike this from the agenda, seconded by Mr. Caldwell. Ne discussion. Motion carried 5-0. One (1) ~ndersromnd Sto~a~e Tank for Gaselt~e Mr. Kohl iuformed the Council that ~ids on the above were opened on Tmesday, February 22, 1977, at 4:00 P. M. in the Agent, Mr. William H. Sullivan. recommends the acceptance of the low hid from Inc. of Orlando ia the amount of $2,073.00. the Tabulation Sheet, Pro- posal siud Affidavit Mr. Leon J. Jones, Sales Engi- neer for Modern ~ are on file. He has and everything is in order. were not budgeted; therefore, in order to set up an account for this item, we will need: Transfer of Fun~: From: 001~885-18 Contingency (Fixed Charges)...$E,075.00 To: ©01 850-85 ~as Tank ...................... $2,075.00 A copy of the B~get Transfer Request for the above, subject to Council's approval, ha~ been included in the agenda books. -5- MINU~ES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1977 He concurs with the recommendations of the ~ahulation Com- mittee. As they k~ow, we looked into this two or three times in regards to a fiberglass tamk a~d the bids list how mmch This includes ~O~emS ~ we c~ i~stall it o~r- Mrs. Jackson mc~ed to accept the recommendation of the Tabm- latiomComm~ttee and award the hid ts Modern Welding Ce., Inc. a~ transfer the fmnds from Comti~gency in the amomnt ef $2,075.00 into'the Gas Tank Fund. Mr. DeNs~eo seconded the · Oaldwell stated he believed reason i~ ~e of quos- the of fiberglass versus steel. He asked if life tabled for life the area where Life must this carried if there was a ~alrline ~top the leak. Rezoming Request: LOcation: Request: Use: APplicant: Mr. Kohl informe~ withdrawn. Rear of 715 N. W. 2nd Avemme Re-zone to C-1 from R-lA Expansion of Demtal Complex and Additional Parking Mrs. Mildred B. Doxtad the Oounciltthat this application had been ~L. EGAL Ordinances - End Readin$ - l~bl!o Hear~ Proposed Ordinance No. 77-6 - Re: Amending Certain Sections of Chapter ~5 to Transfer Jmris~iction and Control of Mm~i- cipal License Department from City Mamage~ to City Building Official Mr. Moore read proposed Ordinance No. 77-6 by caption on second reading. Mayor Zack asked if anyone in the audience wished to speak in favor of this ordinance and received no response. He then asked if anyone wished to speak in opposition to this ordinance and received no response. MINUTES - REGULAR CITY COUNCIL MEETIN~ BOYNTON BEA~/, FLORIDA MARCH 1, 1977 Mr. DeMarco moved to adopt Ordinance No. 77-g on second reading, seconded by Hr. Caldwell. No discussion~. Mrs. Padgett took aroli call vote e~ the motion as follows: Councilman Catdwell - Aye Councilman DeMarce - Aye Vice .M~ayor Jackso~ - Aye Councilman Strnad - Aye Mayor Zack - Aye Motion carried 5-0. Proposed Ordinance Ne. 77-7 - Re: Amending Provisions of Sectian 12-18 Providing for Establishment of Fire Districts Withia the Mm~i¢ipal L~m~t~-of Said Hr. Moore read proposed Ordinance No. 77-? by caption on second rea~ing. Mayor Eack asked if anyone wished to speak in favor of this ordinance and received no response. He then asked if anyone wished to speak in opposition and received no response. Hr. Caldwell moved the adoption of Ordinance No. 77-7 on and final reading, seconded by Mrs. Jackson. Ne Mrs. Padgett took a roll ~all vote on the motion as follows: Councilman DeM~co - Aye Vice Mayor Jackson - Aye Councilman Strnad - Aye Councilman Caldwell - Aye Mayor Zaek - Aye Motion carried 5-0. Mr. Moore requested the City Clerk to insert the date on the map of this ordinance. ~rdinances - ~st Reading Proposed Ordinance Ne. ~7-8 - Re: Amending Certain Sections of Chapter 13 Increasing the Charge for Delivering Garbage, ~rash, Refuse and Debris to the City Dump Mr. Moore read proposed Ordinance No. 77-8 in its entiret~ on first reading. Mrs. Jackson moved the adoption of Ordinance No. 77-8 en first reading, secended by Mr. DeMarco. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1977 Vice Mayor Jackson - A~e Coumcilma~ Strnad - Aye Councilman Caldwell - Aye Com~eilmam DeMarco - Aye ¥~yor Eack - Aye Motion carried 5-0. Other Di~sion. of She Hems&uS Authority Mr. Moore imformed the ¢omncil that thi~ is ~ ad~stra~e ~r whic~ he ~s ~een ~ise~Si~g wi~ ~. Ko~. A~eu~ a Cit~ Go,oil adopted ~ ord~ce es~a~- ~ subst~ hob- At the s~e time, a Heusi~ at the Oom~ty level. ~ere w~ a re- ~ to the City ~us~g Au~ority tha~ if m~s~d homsing pre~le~ for the .~ to ~e e~e of, the Gouty eo~ be ~d t~e c~e of ~l She pape~erk, ~er ~e fae~ that a eontra~t the Eo~ Amthorit~ to this the law, once ~e City ~eates a se~ate eor~rate entity. up i~ for the purpose to ter~ of the officers He th~ it is a matter the ~ee s~mld be reviewed ~o see the same type of thing which ;hey had problem~ amd Mr. Moore .ent housing problems . Mr. Kohl added that the similar to Riviera Beach. thi~mg the County ~ the Cit~ ef Bo~t~a get involved with a~reements, then found out this was mot so. Delray Beach, they have Housing Authority operating them that once it is Ne clarified that anthority to a motion instructing the Ci~y Attorney a~d into this and take whatever steps are ~lleviate it.. Mr. Cal~well seconded the motion. -8- N~0TES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA MARCH l, 1977 Nayor Zack stated he believed this should be discussed fur- ther in the creation ef the Boards and Mr. Caldwell asked if they =ould ds a~thing ~ith this Board? Mr. Moore replied that he believed they should report back. Mayor Zack called on Chairman Johnso~ of She Housing Authority. forme~ year Chairma~ of the Housing Authority, stated ad~ress as 25 Colonial Club Drive. He in- ~ of Boynto~ Beach has created a~y money. Ne Just read of $18,000 per $9,000 look ,into the pro- ~b~ut problems in cities abandoned. Thin isa federal thinks this shemld be should some will come into ough- ~iscussion ef Vill~e RoTale ~n ~he Gre~ Mr. Moore informed ~he that there have been two developments. Mr. Dittmanwith regard to the and he ascertaimed that each Council member had a copy. He advised that Judge M¢I~tosh ~emied the motiOn and his order will stand, He does not know of anything developimg from Mr. Bludworth,s office. Mr. Moore continued that today he received copies of notices of de~gsitions for the civi2 suit. This i%~the injection suit against the individuals for the parki~olations. This is preparatory in filing a ~li¢ious prosecution suit against the City Council. See of 3/15/77 Mayor Zack stated he did not see how they could get involved arr~ more since the hearing was turned down. Mr. Dittman said they would probably have to start out with a new trial. Mr. M~ore clarified that if the City desired to pursue, the City could appeal the decision ~o ? higher court, but Mr. Dittman h~$ indicated it woul~ be fut~le.an~ he explains4. Mrs. Jackson then read the Following statement: "Yom people must be aware that we hire ~ City Attorney to give us advise. This Mr. Moore did when he ~arned us of the cnnsequences of MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACE, FLORIDA MARCH 1, 1977 wha~ could happen te us individually and to the taxpayers if we should lose the case. He reminded us of what Mr. Dlttman had writte~ abou~ the case. Mr. Moore would he remiss in his ~uties if he had NOT warned us ~ince we have no sovereign immunity and comld---~ sued individually. He also warned us that we have ~ against the City going into any more litigations ~ Royale, Inc. Nowever, when Nm. Aranow convinced us we should depend on Mr~ Blu~wor~s ~offer and Mr. Bludworth ~ut i~ in writing he±p ~, we of his the case. This In the meantime I c~e in o~ o~ Civil court in a Therefore, I move ney's advice /m its Mr. Cal4weI1 ssconde~ the carried 5-0. on read the entire transcript ef the This matter is newim ~he will he resolved ~here~ the Council heed our City Attor- no further in th~s case." No ~iseussion. Motion Mr. Moore referred to having received from the attorneys a proposal to settle all matters involved I~ this and to get the Oity out ef it. He explaine~ how it involved a refund of the fine, refund of out of pocket court costs and also compliance with the Civil court order to n~t at~emp~ to ~ro- secure as a City the developer solely on the parking viola- tion and they woml~ withdraw t~e civil sui~ and not ~resecute against ~ ~ Council Zack he Mayor Mrs. clbmified that h~r was to take the City Attor- ney,s advice in its e~ that it di~ Mr. this all and an~ included this. Mr. Noore refund: of some money. developers were still amicable to replied that he did not know would certaily hope so and ~ omt o~ i~, 'Mayor Sack ascer- W~ Mayor Sack then asked who and Mr. Moore replied to forego any claim. intimidate~ by until after she wrote the route and hav~ no place else OLD BUSINESS stood as ~ey are beinE smed Royale, Inc. had agreed advised that she was not she did not know about it tement. They have gone the full go. .Sewer Rates for Commercial Laundries. _ (Tabled) Mrs. Jackson moved to remove this from the table, Mr. Caldwell. Motion carried 5-0. *$L964.44 (See Council ~iinutes of 3/15/77) -10- seconded by MINUTE~ - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH l, 1977 Mr. Kohl informed the Commcil that he has Been sued too. He advised that he had been in conversation with the City Attor- im regards to commercial lamad~ies rates and. Just abou~ out when he received a court order to appear ne~ Monday. At that time, he said he might as well forget about it. What does the Council want him to do? Mr. Strnad sta~ed inasmuch as we Just relieved our commitment will be withdraw~ Mayer Zack stated he and n~ l~ut Mrs that made RiVier~ was surprised as the Co~cil ~st~ueted look into lowering the rates and he has en it and at aBomt that time. he reeeiv~ This waslisted om the agenda at ~we Ne ~hought the atteZ~ey would aPPear, Mr. Kohl ag~ee~ and advised that he had Mayor ~acksuggeste~ that the ~ and see where to go. Nrs. was premature an~ thimks it Mr. Kohl's recemme~dation. Moore i~formed them that he had indicated to Mr. Cemtola seri~ms amd iuvestiEatiom Being rates, something~s~m~lar to ~ them~ Ee requested Mr. Cemtola or himself so they could Eeltold him it was serious, ~him. Since it is in court, he does but firm. mp ~he decision of he tried to work i~ out, but could them. Ne should the and Con- that structure is making the suggestiom previously to re-define the commercial categories. at this time, i~ still warrants investigation. of commercial establishments which loads on the system. He thinks this should Mr. Moore replied that he thinks there is being done to remove amy inequities ~s a s~ecifi¢ i~stance now. If the the air, they should aekuowleflge thai. Mr. that he did not acknowledge'inequity in the should ~e looked into. If this ia going bearing om %he s~it, he would like to do agreed it woul~ be proper to take the deadline so cloae~ -11- MINUTES - REGULA~ CITY. COUNCIL MEETING BO~NTON BEA~, FLGRIDA MARCH 1, !977 Mr. DeMarco moved to take the City Attormey,s advice and let Mr. Moore and Mr. KcS1 handle it as stated. Frs. Jackson seconded the motion. Umder discussion, ~rs. Jac~som asked if there was any chance of getting ~Jaold of Mr. Oentola and tell- night when the Oomncil would discuss it. He told him what was about. He asked him to report backtto he has not heard a~ythimg from h~m. Mrs. Jackso~ state~ that as she understood, some of the people at ~he upset because N~. Centola i~- carried Report on Offensi~a Odors at Eewase Treatment Mr. Strnad odor plan t, ~ire~ p~rsom a they are k~ow it wash' t happened? ~!~t (Tabled) move~ to remove this from the table, seconded Motiom carried 5-0. stated that he has received complaimts that the &u the Glen Arbor sectio~ i~ ~ack of the ~imd is blowing in an easterly the agenda at the request of a there. ~e sees that since then, trou~lespot. ~Now but it is pretty o ~o it with the imasking agent. He w~d like to this new system, What Mr. Kohl stated that the City gave Russell & Axo~ affree hand and did not tell them what t~ put in ~he sewer plant. Ee feels they could have dome everything possible. At a meet- Lug te~ay, they were told it would cost $~O,O00 to correct this problem. He would like to kaew wh~ ~his was not done i~iatly a~d called on Mr. Swan. Mr. Joe Swan appeared before the Council and advised while he is a local resident and e~gimeer for Russell & Axon, he'is not a~ The plan~ was constructed aec ~Russell & Axon. This going on for years ~der the old ~?eFa~ion and ~efo~e _mak~ ~he new addition. The only state- n~ ne cam ma~eaat this time is that he will pursue it fur- ther with the people at Russell & Axon and make sure the City receives a definite answer. It has ~een discussed and they were under orders to hold down the cost and keep it at a mini- mum knowing it was only going to last a short period of time. -12- MINUTE~ - REGULAR CITY COTYNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1977 ~e explained how the operation of a sewage treatment plant is more of an art than a science. The amount of suspended solids in sewage im the problem. A~y sewage treatment plant is Every city is different~ Everythiagwas in operation i~ good working arder about last July. There were no complaints of oders between Jmly and Along about that time, they began to tic flow caused by the imflmx ef seasomal ma~fmn=tion. ~a sewage treatment they all go bad. It i~ a ~ the ~amk~ to perform the thedesire which is miaar in are not wired to according to the te r~n both vacmum filters it City directed Russell &AxQn to cub dow~ on it was goimg to be phase~ eut and Mr. ~wa~ common ku~wledge.. Ne does mot t~k ,d back to come up with written positive ~e. ~r+ Etrnad stated that this cost of been less at the time when the plamt was replied that he thinks it would have been it would have meantanother structure. different type ~tructmre and would ~ave three times more. Mr. Strnad asked why this have been done origimallywhen the plant was ~uilt ~,Swa~ replied that it could have if the need was ~trnad remarked that i~was a slipmp on the part Mr. Ewamdisagreed. Mr. Strnad stated to handle the effluent coming out of the Mr. Perry Cessma appeared before the Council and informed ~em that the engineering judgement was that this would pro- ~hlY WOrk without this ~dditio~l expense. He explained how developed its own character. He explained how were working under the same conditions, but the teristics are such that they, de not ~eed :this ,holding and others that need less. It was am error i~ the guesstimation of what was going to happen an~ it was the ~keapest way. Mr. Kohl asked: how much they were guarantee~ this was going t~ ~erk~a~d Mr. Cessna replied that the problem was the s~uege: meds an~ he feels this Will solve the problem mmtil the plant is phased out with filtering the sludge to the landfilI. Mr. Swa~ explained how the people present at the -13- ML~TEE - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1977 meeting today were the best authorities with Russell & Axon and they believe this is the ~3~tution. This would not have an i~on clad guarantee, but-is the best thinking of fo~ur recognized authorities. Mr. Kohl stated he personally did not like the comment that Russell & Axon was not allowed tb put this in because the money was not available to cover the additiemal cost. He does mot think this Council or auy other would renege this. He k~ows the ¢oumcitswork cle~e with him. He ~oes not Of ~hese comments in ~wan: for the City, ctiems whether actually state~ procedure has been for te the Couscil and the Council decides whether · that price. Nobody has tol~ Russell & is this s the~ his, it sh~ ~ ie item. Mr. ~a~ reDlied ~ he believe~ these Dla~e prior to }~i~, t!m~ a~d Mr. Koh~ agreed Mr. DeMarce moved to spemd the $10,00¢ by Nfs. J~¢kmcn. No diS~cussion.' Motion c~ried D~c~s Ore,race Ne. 73-60 - Re: Noi~ Cemtrel - Ce~&i~an Rich~ D. Caldwell ~. Caldwell ~formed ~he Co~c~ t~t it had ~eem brought to his by seve~ residents ~ the ~ea to look ~to a no~e furze mol the area, mmch as we ~e ~teres~ed ~ ~ustrial rela- tionship with ~e indUstr~l areas, ~ it would be advantagee~ ~e have ordin~ce ~ eZ~e~t. He dis- cussed this wa~ nt to ~r~ it to ~e at- ~ 3/15~7 73'60 wms en ~ that sh~ there be a ~utes He feels it om ' there the ho~s ' ~Hat the noise activity will ~d~tri~ or i ' t~t he o~ a MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH I, 1977 May~or Zack referred to this ordinance being passed en first reading in 1973 and asked how it affected the Rinker case and ~r. Moore referred to Section 17-22.2 of Chapter 17 of the Codified Ordinances actually spe~l~g this omt. He does not think this was specifically passed for Risker or anyone else. about the general noise tothe Code Book, Section 17~-°-22.2, tarred back in 1 960 and thi~ ordinamce is just one oi ma~y amendments. this would remain on the table dme to being taken. Comp~te App,imkments te City Boards & ¢ommittee~ (Tabled) moved~to from the table, seconded by Motion 5-0. APPe'~mtments to Bmildin$ Bo~r~ of Adjustments & Appes~ Mrs. referred to only having three members amd had to a meeting last wee~ Mr. Tom appointed to Service Board i~ error and is eligible om this Board being an elec- ~ one electrician was on this ~ the B~ar~ and informed them the construction industry, but trades. Mr. Strnad stated he ~ple from different trades womld amd have a better eu~ that they did not Jackson stated that a Mr. Cummings, ~ volunteered. M~yor Zack s and two electricians contacted several people ~nd Mayor ~ack referred ~lified and Mr. sen MaYOr not c~ ! and lette~. Mr. DeMa~co · in the to the previous members of the Board replied that they had not that these members were ~e bee~ contacted by a written but referred to them requiring Mr. Strnad informed submitted resmmes recently and have ~een serving on Mrs. Jackson replied that ot submitted this year and Mr. Strnad replied that were submitted ~tast year. Mr. Caldwell stated h~ thought re,ames shonld be submitted~ people who have not serve~ on the Boards. He %old abomt contacting Mr. Black, the Chairm~ of this Board last year, and was advised that he did -15- MINU~ES - REGULAR CIT~ COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1977 net know if he would have the time or interest. He then re- ferred to Mr. Berle Baile2,s letter submitted just being short with reference te servimg previemsly. He believes those members who served previously aheuld indicate whether Mayor Zack ~his is an have the various trades repre- They do not have a geed at stated that he agr~es with on the Beards should was requested. He Most o£ the people ~n the about it. ~yor at ~ appoint te ~he ] two reg~-larmembersamd two of AdjmStments & the two men whe~ they have two more, to switch the alternates and members Mr. DeMarco moved Mr. Ward Cummings as a regular as stu alternate. Mr. Caldwell Motion carried 5-0. Appointments to Cemmunit~ Relations Mayor Zack that three members were meeded. Mrs. Jackson ~ of a~andonlng the Housing Authority ~ Girtma~, Mr. Grimes, and to, thi~Board. Mr. Strna~ replied that he was ~umping the gum and asked if it was legal toaaha~don the Ho~sing Amthority in light of the infor- mation from Mr. Me,re? He suggests waiting u~til a later date. M~s. JackSem moved ~O ~table these appointments, seconded by Mr. DeMarce. Motion carried 5-0. Mayor Zack state~ in refersnce to th~Housing Authority, he suggests that m~ ~m~Attorney come ~p with something more have Discuss Revising Purchase of and Street Ahan- Mrs. Jackson referred rights-of-way an ordlmance on abandoning when aba~dom~inga whole if they are takimg it is still on own the right-of-wa~, but has the right to use it. There is a reversionary clause and when use is discontinued by -16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON' BEACH, FLORIDA MARCH 1, 1977 the public, it goes backtto the abutting property owners. Mrs. Jackson clarified that she was referring to a~ example like big tract of la~d smd b~ilding a m~te the streets abandoned. She thinks they shoald have to pa~ something more than per the erdi-auce drawn up Mr. Moore replied that the City does not has the right-of-way. This ordimance by requiring proper notice to be give~. ~ people get property abaadoned to get ~he rose ef the ~hey ~aY the ta~es om it~ The City ~uem~ie~ It is owned by the mnder- owner~ Mrs. Jackson replied that nobe~ ever ex this Before. NEW BUSINESS Discuss ~one Service - Co~uacilma~ Joseph DeMarco Mr. DeNa~.~co referred to mentioning for the past couple years the possibility of getting free phone service in Palm Beach Raton to Jupiter. It is free for all Dade County. However, it costs 50¢ to call Boca here. He would like to see the City go on record t make a resolution or whatever favoring free phone service throughout the County. He als~ hromg~ht this up to the and they are i~ favor. ~lso, ~hey t resolutions from the cities along the coast. It ~ woul~ be an asset for all cities. Mrs. Jackson asked meant the whole County and Mr. DeMemco replied ~hat he mean~ along the coast, Mayor Zack questione4 if the telephone company womld do any- thing about i% and Mr. DeMarco told about years ago when they got it te West Palm Beack. Mayor Zack replied that he thought it was a wonderful idea. Mr. DeMarco added that he thought it depended on the population. Mr. DeMarco made a motion to go on record favoring a resmtm- tion for this free phone service and getting the other towns and League of ~unicipalities to also go o~ record. Mrs. Jackson seconded the motion. Under discussion, Mrs. Jacksom remarked that we are not sa~ing we want ~hem to do it, but actually if Somthern Bell steppe4 advertmsing so mmch, they could g~ve some service. Motion carried 5-0. ADMINISTRATIVE Consider Site Development Plans for Los Mangos Condomi_uiums - Corner of U, $. #1 and S. E. 23rd Avenue Mr. Kohl ascertaine~ the Council members had received a copy of the memo from ~r. Nyquist &nd the letter from Mr. Cessna. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1977 ~r. Kohl informed the Council that the site development plans are for Los Mangos condominiums located at the southwest cot- new. of No$~ #1 and $.E. 23rd Avenue, adjacent to the FEC tam,road tracks. The project consi&ts of 128 duplex mnits and uaits, for a total of 188 u~its. The Plan- ning amd Board at their meeting of February 22, 1977, the site plans for Los Mangos he ap- pr facilities remaining as pre- mented, subject to ~ 3mmendatione: B~L~ldinE Dept. - Handicap requirements to be met. Fire Dept. - L fire road near project. Engineering Dept. - Subject to details and requirements for ~ire protection. Utility Dept. - Subject to memo of February 17 te City Pla~er. P~hlic Wot-ks Dept. - Garbage cans to be placed at edge ef pavement om collection day. City Planner - C-3 zone using R-3 site regulations, dedi- cate additional right of way for Golf Rd. The developer has agreed to all items recommended except for Item 7 in memo to City Pla~ner from Otility Director. ~he ~eveloper is willing to share the cost o~ the installation of the water line under the railroad tra¢~. Motion to ap- prove was made by Mr. Lambert and seconded by Mr. Arena. He has the drawings with him for review. Mayor Zack announced that he objected to the passage of this particular development pla~ due to no clubhouse being there, as he thinks it is very im~taut. ~here are condominiums with less residents and ~heYhave swimming ~ools as well as a clubhouse. He th~ks a clubhouse should be included. The people need a meeting place. Mr. Caldwell stated that he read the transcript from the Plan- ning & Zoning Board meeting and he concurs with the Plan~ing and Zoning Board recommendations based on the premise the developer wants to keep the ~it cost dow~ and make them attractive. Also, it was brought out at this meeting that Mr. Granados is willing to place funds in escrow for future use to pay f0r a rental hall for these residents to hold an annual meeting. While he agrees with the recreational faci- lity concept, they are providing two swimming pools. Ee thi~>~ that is more attractive to family units than a club- house. Mayor Zack referred to Leisureville having roughly 2,300 fami- lies and they. have three swimming pools which are not use~ 100%, hut the clubhouses are being used. The clubhouses are -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNT~N BEACN, FLORIDA MARCH I, 1977 more important. A swimming pool wears off and this can be seen in Leisureville. A clubhouse is definitely important and more so than a swimming pool. To put money in escrow does not help the people living there. They may want to use a clubhouse on a weekly or daily basis. To put money in es- crow is not the answer. Mr. Strnad stated im not having a clubhouse ~ecause they want ~ housing, we wast to get our housing upgraded W® doI n~t wa~t to go te lower housing, DeMarce added that he ~id mot think two swimming peels were necessary and they Sd~ould have a recreation building i~stead of an extra peel. Mr. representing the developer, appeared before %he ~ted he did not thf~k there was any need to go into a presentation as far as the location of the pro- perty. He pointed out that this property is zoned C-3, which contains some rather heavy commercial uses. The concept of a development am this property is a pertinent point. The enslty.ls 6~ ~its per acre with 65% epe~ area. As far as recreatie~al activities, there is a massive amo~t of open space and two swimming poel~. The cmneept is to create a ~8 mni~s as much as ~essible. There are ~ttaehed ~wellings. These are lik~ with carports. The be to attract young admlts with and Retirees will not ~e precluded. Re ad- .that his company has been im business in South Florida , years and has designed 100,000 dwwlling ~mits, mostly t~ type developments. In developments of this par- .~cular facilities are ~ot needed. With need for a clmhhOuse. -The ~ecreatio~ Director recom- a long accessible ~ accessiDle ~wo peels location is such that they without walking great M~or Zack stated he did not see the point in eliminating the clubhouse. These young people want a meeting place toe. They f.mo~o~want to meet once or twice a month. The rental facilities meetings are poor i~ this City. Mrs. Jacksom stated she believed they had an example of this in~ Gol£view Ear,our with it being family oriented and having a clubhouse. Mr. Caldwell informed her that Golf~iew Harbeur used their clubhouse very little. The only time it is used -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1977 is for a meetiag once a month for the Homeowners Association, of which not everyone is a member. It is only used for this He further e~ ~ how it had been opene~ to the Boy ~couts they had put i~ ~arieus equipment, but ~ is rarely used. Mayor Zack replie~ that mis was mnmsmal. he has checked co~dom~w~mms am~ a used. ~r. ~hat as he was that of ~ ]~OW- it was mot a case of building ~ai~ tower · asa question of $~ 5.00 cost for te build two term eper- clubhouse fac fire insurance, Psel ~osts that this is a be nse~, a waste ~f t9 take ~ ~es, a~d u~e .. Item inf~ dat: ~ to them not be'.~ug~ia agreement with ~y the Ntility Dmrec. tor and Mr. E~lland o that, a~alternate recommen- ~y Mr. Cessna and they will follow ~he cen~ect the water lime s~ong Federal asked if they were going under the ~eplied: ~o. Mayo~ Zack referred bein~ $40,~000 and the City's estimate .Mr. Eollan~ informed him there was a ques- of the line and Mir. Cessna has prepared do mot object. c~.~eMa~co stated he could mot visualize a pool without a u~aoUse am~ Mr~ Str~a~and Mayor Zackagreed. F~. Hollaad MINUTES- REGULAR CI~ COUNCIL MEETI~NG BOI~NTON BEACH, FLORIDA MARCH I, 1977 informed them as far as the ordinance, they have met the law and exceeded the requirements for density. He suggested that not needed. ~r. Caldwell suggested having it revert to the discretion of the individual bmyers whether they find having a clubhouse as an absolute If they do, they won't bmy there and there. Mayor ~ack remarked that but the develuper wouI~ gu the cheapest Mrs. Jackson stated she thought they should be careful not to restrict something when it comes to this magnitude. This was zoned industrial at one time and she certainly would prefer to see this for residential rather than industrial knowing there are nice houses across the tracks. She agrees it wou!~ be mice tu have a clubhouse, but maybe the developer will find he will need one later un. Mr. Moore stated he thought they were gambling on the loss of this development based on the building of one clubhouse. If a clubhouse ms needed later, the residents could build one. He thi~W~ they are probably making too strenmous a require- ment om the development of this property. They must consider the development of it being along the railroad tracks. If. the developer would agree to build a clubhouse, this would cost $100,O00 to $~50,0OO whic~ would be passed onto the pur- chasers and they would also have to pay the maintenance costs. Hayer Zack repliedthat he was not concerned with the cost, but the usage. Mr. Moore continued that they were trying to tell the developer hew to develop his property, He aske~ if there was a possibility to set aside sm area designated as the possible use for a clubhouse with the understanding the City Council could release it for a clubhouse? Mr. Holland replied that there were some large open spaces which cOUld be reserved for this particular purpose. ~m. Holland then told about a discussion with his client this afternoon and aa'vised if the City demanded a clubhouse, this project would not be built. It is unfortunate a development of this Guality is hinged on the single issme which will not cost the-developer more.money. They want to held down the cost of mainten~_uce. If the City demands a clubhouse facility, this project will no~ ge. Mr. Strnad replied that he thought they were being threatened by this gentlemamand Mr. Holland replied that he certainly was not. Mrs. Jacksun added that the City could ~ot make anybody build anytbfng~ -2 ! - MLNL~ES - REGULAR CITY COUNCIL M~W~TING BOYNTON BEACH, FLORIDA MARCH 1, 1977 Mr. Caldwell made a motion to accept the recommendations of the Plammimg & Ze~img Board as recommended with the addition recommended by the Ptammimg & Zo~ug Board. Mr. Strnad m~e a motion to table this ~util more study can be givem te find oat if the developer will pull out if a clubhouse is required. Hayer ~ack set aside the gavel and seconded the metion~ Mrs. Pa~gett then took a roll call vote on the motion to table as follows: Co~cilma~Strmad - Aye Go~cilma~ Caldwell - Ne - No Vice - No Mayor Zack - Aye Motion failed 3-2. Under discussion on the original motion, Mr. De~rco asked if it included a designated area for a future clubhouse and Mr. Caldwell replied that he did not, but he could amend it. Mr. DeMarco referred to Mr. Holland saying it could be done and Mr. Eolland agreed and showed the site plan and pointed out several large areas of open space. He added that they have agreed not to build on them. The owners will own the land and they ca~ do what they want. Mr. DeMarco them made am amendment to set aside open space for a future clubhouse and Mr. Strnad seconded. The vote was 5-0 i~ favor of the amendment. ¥~s. Padgett then took a roll call vote on the original motion as follows: Go~ci~DeMarco - Aye Vice Mayor Jaekso~ -Aye Geuncilma~$tr~ad - Aye Gouncilm~ Caldwell - Aye Mayor Zaek - No Motion carried 4-1. Gensider Site Development Plans for Palmland ~illas - .i~894 Paled Drive Mr. Kohl informed the Council that the site development plans are for Palmland Villas located at 1894 Palmland Drive. This project proposes that 52 one-story units he built in duplex, triplex, quadraplex and ~-u~it form. The Pla~ing & Zoning Board at their meeting of February 22, 1977, ~nanimously recommended the site plan~ for Palmland Villas he approved subject to the TRB recommendations: -22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1977 Building Dept. - Meet handicap requirements. Engineering Dept. - Swale area on Palmland Drive to be graded. Utility Dept. - I. Verification of existing bond. 2. Show existing water line depths im relation to finish grade in project site. 3. Pro~er installation and marking of all existing valves in water system within Phaae 1. Oity Plamuer - Subject to compliance to court order. The developer has agreed to comply with all staf£ recommenda- tioms. The m0tien to approve was made~y Nr. Lambert and ~econded b~Mr~ Winter. Ne has the drawings for the Council to review if they desire. Mrs. Jackson moved to accept the site plsm for Palmland Villas, seconded by Mr. DeMarce. No discussion. Motion carried 5-0. Request Authorization to Establish Position of Executive Officer Mr. Kohl requested this to be tabled. Mrs. Jackson moved to table this, seconded hy Mr. Caldwell. Motion earrled 5-0. Discuss Florida M~icipal ~Leasme Meetings for City Offic~sl~ Mr. Kohl requested approval for any Council member, City ~ttorney or himself to go to the Comnty Municipal League or lorida Municipal League. Mrs. Jacksom requested that Mr. ~essna also be included and Mr. Eohl agree~. Mrs. Jackson moved to accept this recommendation of the City Manager, seconded by Mr. DeMarce. No discussion. Motion carrie~ 5-0. to Execute Lease Agreement Between the the fill ~rred te the landfill area being west of town. year~ we have received many complaints from of that area as well as the Palm Beach County who o~jected to our garbage trucks goiug area. For many years we had access to the la_nd- of the bridge across the E-3 ca~al. ~ was removed in 1970 and we have had pro- He has been pursuing this problem with our since receiving notification from the Coffey's were encroaching on theirproperty. We the most inexpensive and expeditious solution -23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1977 to this problem would be to lease a portion of the property 9wned by Thomas E. and Linda L. Coffey at the rate of $t,200.O0 per year, for the first year only~ for the roadway a lump sum payment be made te Mr. ia the ameer of $i,200.00. Funds are available imt ~ill). sion cute ~ that of the ~50 Cat,well carried 5-0. Department account 853/39 (Lamd- requests coa¢%~rren~e with this deci- given authorization to exe- amd the Goffey's. Ee added they rs~ up as high as ~ere. The tamdfill six te sever years and they to bmy to accept the recommen~atio~ of the City offieia!s execute the lease. motion. Ne discussion. Motion Consider Re~ues~ of Re~ert Beane Mr. Kohl ascertained the Council members had a copy of a letter from R~ssell &Axon and then read the attached memo- randum dated February 10 from Mr. Cessna. He requested the Council to pay at least half the bill and he will guarantee to get half from Russell &Axon. Mayor Zack asked if it was the City's responsibility as it was not okayed ~y the .City or Russell & Axon. Why should we pay for someone else's headache when they did not contact us? Mr. Kohl i~fermed him that theCity was responsible for Lauderdale Construction Company,s actions. See Coun- Mrs. ~acksO~kmovedl~%nav half the b~a~-~commended by citMinutes %he c~n~aa~ag~,~e~on~ ~.t~co. ~der discussion, of 3/15/77 Mrs. Jackson said if Lauderdale Construction Company was still around, she would say it was their responsibility, but they are long since gone. Mr. Catdwell added that he be- lieved this was economical. Mr. Strnad questioned how Mr. Beane could prove negligence if he did not ask permission to put it there iA the firs~t place and M~. Kohl informed him that when the laterals were put im, ~ Beane was not home. They put ia service for everyone on the street where they wanted it, but Mr. Beane,s was put in AAe opposite place. Mr. Beame paid $I00 tohave it moved where it should have been placed. N~s. Jackson stated she certaimiy thim~ we a~e responsible because we ~i~ed Lauderdale Constrmction Co. Mayor Zack clarified that the motion was to pay 50% and Mr. Kohl informed him he wasppretty sure it was $1,200. Motion carried 3-2, wit~ Mr. Strnad and ~ayor Zack voting against. -24- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCE 1, 1977 Con~ider Transfer of Funds Mr. Kohl requested a transfer of fun~s in the amount of $48.00 for typewriter ~ for the se¢onded~y Mr, Caldwell. i~ the yearly maim- Mr. De~rco so moved, discussion. MotiOn carried Approval of Bills Mr. Kohl read the following bills for approval: P~ srs budgeted fun~s 001-840.23 M~iling Machine Pa~ budgeted fm~ds 001-813.81 Bid awarded 1/11/77 $ i ,835.00 2,44~.00 3. Ru~in & Final Est. 3~6.63 Pay from Reserve for Projects i~ Oper. Cap. Imp.. 021-360 Bid awarded 4/26/76 Allen Insuranee Agency Additional premium for extension of Werkmen,s Comp. 10/1/76 to 10/11/76 Pay from Encumbered funds 001-536 $~40.00 Subject te tramsZer pay from 030-830.20 $470.00 1 ,$10.00 5,275.00 I0/1/75 to lO/1 /76 Pay from Encumbered funds 001-536 ~3,5~7.00 Subject to transfer pay from 030-~30.20 $2,758.00 i. B. M. ~f computer for February Pay from ~udgeted funds 001-890.38 2,931.03 Willie Rmth McGra~ Server for Senior Citizen~ Club - 2 weeks Pay from budgeted fumds 020-880 Ordinance #73-~5, passed 5/t5/73 96 Isiah Andrews Driver for Senior Citizens Club - 2 weeks pay from budgeted funds 020-880 Ordinance #73-15, pa~sed 5/15/73 99.00 Advance Air Conditio~i~g & Heatrim Replace umit and duct work at F'~ Dept. Pay from budgeted funds 001-812.81 2,016.00 -25- MINUTES - REGULAR CITY COUNCIL MEETING B · FLORIDA OYNTOE BEACH, 10. L. R. Roush Well Dril2~g 2 Leachate test wells $713.00 1Leachate test well $391.20 MARCH 1 , 1977 1 , 104.20 Il. I ,843.19 for Resolution. dated prepare supporting data services O30-801.40 agreement 12. :PR Invoi, 4,388.60 construction at Water Treatment Plant Pay from Utility General Fund 030-205 13. Russell & Axon 626-681-18-3/6 5,105.38 Engineering services Drexel 'Master Lift Station Pay from Utility General Fund Authorization dated 8/31/72 (100~ REIMBURSABLE FROM D~gELOPER,$ DEPOSIT) Mr. Kohl informed the Council that No. 10 had been done as requested b~ EPA. He added that there was a chance they may have to do 20 or more wells in the landfill area inasmuch as they may want to see if the water is ~eing polluted in that area. Also, when we had these done, there was an emergency at the well where we had the trailer and the well was polluted. He was trying to see what it will co~t for 20 wells and this gives an idea and we will monitor these wells with EPA. Mr. Kohl continued that the bills described have been approved and werified by the departmenthheads involved; checked an~ approved for payment hy the Finance Director; funds are avail- able in their respective budgets.~ He recommends payment of these bills~ ,Mr. Caldwell moved the approval and payment of the hills, seconded by Mrs. Jackson. Under discussion, Mr. DeMarco ~larified that the we~ls were in the landfill ~ea and Mr. Kohl informed him they were test wells. Mr. DeMarco asked if one was polluted and Mr. Kohl replied: yes, in the area of the trailer. Mr. DeMarco questione~ how dee~ and Mr. Kohl i~formed him they were down to 84 ft. now and the water is good. He added that they probably would have to put in 24 to 26 two inch wells at different depths, as required by · he EPA. Mr. DeMarco replied that he was curious to find MIN~ES - REGULAR CIT~ COUNCIL MEETING BOTNTON BEACH, FLORIDA 977 out if they are being polluted. Mrs. Jackson asked if EPA would pay for it a~d Mr. Kohl replied that he would try %e get govermment funds to pa~ half. Motio~ carried 5-0, ~cussion of Regiomal Wastewater Treatmen$ Plant Mr. DeMarco referred to the Management Agreement between Boynton Beach and Delray Beach and stated he still was not ¢tear regarding the reasoning for this setup regarding hir- ing, firing, etc. He would like more clarification on this. and has He w, years of DeMarco referred of' to a letter dated July 22, 1976, which $cheifley advising that the City u~animously vote~ that the one which includes the as~a the supervisory staff ~d this was based on. This and he s~ill is not clear. think we wOmld be making a mistake for future Mayor Zack informed him the agreement signed does not have a~ything to do with the operation of the plant. The opera- tional agreement 'will eeme in before October. However, neither agreement will mention we are partners or owners. Delray Beach has been referring to it as being in their own hack yard, but we own half of it. If it was mentioned we are~ half o~rners, he would have no objection. Mr. DeMarco replied that he thought this should be answered. Mrs. Jackson read a list of questions she submitted to the two people who wrote the agreement and advised that she should have an a~swer to these tomorrow. Nayor Zack stated the most important thing to be concerned with is the joint venture. Mr. DeMarco continued with reading a letter dated November 22, 1976~ from Ma~or Joe DeLong regarding City employees presently employed at ~he 'Gity water plant. Mrs. Jackson informed him that she included this letter with the questions she sub- mittedo Mayor Zack added that he thought one of the ques- tions was answered in asking about qualifications. Nfs. Jackson assured them she would have these answers by tomor- row afternoon. Mayor Zack stressed that nothing pertaine~ to 50-50 ownership. He realizes there will be another agreement for operation, but nothing will be in there for 50-50 operation. 3/15/77 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACN, FLORIDA MARCH 1, 1977 Fas. Jackson explained how they were wearing two hats with now representing the City of Beynton Beach and representing the whole region when sitting on the Beard. She knows the work that went into the Iuterlocal Agreement and would like to have it kept as it is. We have too m~ch to ~ De~rco stated agaim that he was Just not clear on this. or Zack stated again that he was concerned with ownership. Hethinks ~ it was a hast~move to sign the agreement. He rea- l' lzes there Will be an agreement and it will be up te the Board to make but accord/ag to the ~nts. on it later. Mr. that it clarified. Mrs. , aw~ she Agreement and she · mistake voting for it because the Interlocal Agreement spells everything out with all safe- questioned why they should have the agreement ~if it is taken care of in the Interlocal See Council Min- utes of 3/15 but he would like to see it rescinded. Mayor Zack passed the gavel to Vice MaYor Jackson and made a motion to rescind the action taken at the February ~? meeting in regards to signing the agreement. Mr. Moore asked if the contract had beem officially signed by Boynton Beach and Mayor Zack re lied: P yes. Mr. Moore advised that he did not know asked for Mr. Kohl,s comments and Mr. Kohl replied that .he was in agreement they should be partners. Mr. DeMarc0maske~ ~; M?~re's_opi~a and~Mr. Moore replied that he did mot ~e ~ne setup a= all, ~ut it is the o~ty way to go 'with a~gner authorities telling them to go ~to ~his joint ven- ture. They could ask at tomorrow's meeting for a reassert- meht that this is a 50-50 joint venture. Mrs. Jackson informed them that when this was first discussed, it was suggested to have two members of each Council on the Board with those four electing somebody else. However, neither -28- Boa~d ~INU~Eg - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH I, 1977 Delray Beach nor Beynton Beach wanted.that. ~ An authority was See also t~Lrned down. This agreement wa~~ at the November Council oe~ti~ng and it was sent b.ack to Mr. Mariot~ and Mr. Startzma~ Minutes o: ~hey reached agreement in Ja~uar~. It is ~ow March and 3/15/77 · they want to start all over again2 Mayor Zack replied that nobody was representing Boynton Beach; Mr, Startzm~ was not representing.. Boy~ton Beach. Mr. DeMarco stated if this was held out, {t Would not hold ap the project. repeated the motion that it was te the contract at the. February Padgekt the~ took a roll Vice Mayer Zack Jackso~ - Ne - Aye - Aye - Aye Motion carried 3-2. Mr. Moore referred back to the discussions mentioned by Mrs. Jackson and asked if Delray Beach did not want to go along with two members om ~he Authority and Mrs° Jackson explained how it had bee~ both cities. Bhe stated that this was a case of ironing something out which has taken 18 months to two years. Mayor Zack annomnced hewould mention that we have rescinded our action tomorrow night and get some reaction from Delray Beach. Mrs. ~ackson added that ~Mrs. Padgett has al! ~he~mi~utes an~ i~f~rmation~eadJ_ug up to theInterIocal Agree- ment zn~neCentralFi±eandevez~one should read it. ~e~uest Transfe~ of Fun~s M~. Kohl referred to the bill from Russell & Axon for re- search and investigation on the cost of the existing Sewer Plant and requested a budget transfer. Mrs. Jackson moved to transfer the funds, seconded by Mr. DeMarce. No discus- sion. Motion carried 5-0. .ADJOURNMENT .Mrs. Jackso~ moved to adjourn, seconded by Mr. DeMarco. Motio~ carried 5-0 and the meeting was properly adjourne4 at 10~10 P. M. Council ~Minutes of $/15/7~ MINUTES - REGULAR CITY OOUNCI~,~ MEETING BOYNTON BEACE, FLORIDA F~RCN 1, ~977 CITY OF BOYNTON BEACH, FLORIDA ATTEST ~City Clerk ~ Recording Secretary (Tkree Tapes) Fraok Kohl °^~ February 10, 1977 City Manager Perry A. Cessna ,u.J~ Sewer Backup Damage, Beane Director of Utilities Residence, 1110 S. W. 24 Ave. RE: R&A's Letter to ¥~a Dated February 7,.19~7 I have reviewed this letter; and although Mr. Beane did pay to have this service relocated, the problem was caused because the contractor, Lauderdale Construction Co., did not do two things: 1. They did not consult with R&A or their inspector in doing this service, which is definitely wrong. 2. After having done this relocation, they did not advise the~ inspector as to what they had done. If the inspector had known that the original service lateral (the one going to the front of the house) had been disconnected, then there would never have been the problems encountered and the damage to Mr. Beane's house. Since the City is responsible for Lauderdale Construction Co.'s ac- tions, it would seem to me that the City will have to assume at least part of the responsibility for this and attempt to make some sort of a settlement with Mr. Beane. pAC -~br~