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Minutes 11-04-75MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELDIN CITY HALL, TUESDAY, NOVEMBER 4, 1975. PRESENT David Roberts, Mayor Joe DeLong, Vice Mayor Edward F. Harmening, Councilman Norman F. Strnad, Councilman Emily M. Jackson, Councilwoman Frank Kohl, City Manager Ernest Simon, City Attorney Tereesa Padgett, City Clerk Mayor Roberts called the meeting to order at 7:32 P.M.. Ne asked all to rise for the invocation given by Fastor Roby Snider, Boynton Baptist Temple, followed by the Pledge of Allegiance to the Flag led by CouncilWoman_Jackson. Announcemenns Mrs. C. Howard H6od made a presentation of the Veteran's Burial Flag of Mr. Charles Harper to the City which was accepted by Mayor Roberts. The Mayor announced that there would be a meeting of the South Central Regional Waatewater Treatment and Disposal Board at 7 P.M. Thursday, November 6, 1975 at Delray Beach City Hall. Mayor Roberts announced that City Hall will be closed on Tues- day, November llth in observance of Veteran's Day. Regarding voter registration, Mayor Roberts advised that the books close 45 days prior to election. This does not mean that voners cannon register, but those names not on the voting list will not be able to participate. This is a State and Municipal law. Absentee ballots will be available on November 5th for those who will be unable to vote on election day. Mr. Jim Warnke of the Bi-centennial Committee gave a status report on the Bi-centennial film regarding the History of Boynton Beach. He said every attempt will be made to complete the film, even with a lack of finances and the Committee is hoping for a December~7th completion date. l~ayor Roberts asked all those wishing to speak about items the~Agenda to give their names to the City Clerk so they cou£~ ben'called at the~appropriate time. on MINUTES Regular City Council Meeting - October 21, 1975 Mr. Strnad referred to page 5, paragraph spelling of Mr. Suiter's name on line 2. the spelling of Mr. Blank's name on page 3, and corrected the He also corrected 12, last line. On page 14, paragraph 5, line 3: Mr. Strnad changed the word "receive" to "honor". - 1 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 4, 1975 Mr. DeLong moved for the adoption of the Minutes of October 21st as corrected, seconded by Mrs° Jackson. No discus~iono Motion carried 5-0. Mrs. Jackson referred to a discussion among Council during which the City Manager was giving some*background information prior to the arrival of the City Attorney at the continuation of the October 2'lst meeting (held on October 22nd) She noted the provisions outlined in Public Law 286 regarding the recording of any meetings and since she was not certain what if any action had be~n take~, Mrs. Jackson moved to have the above-discuasion made part of the Minutes. It was noted that although the meeting had not been called to order, the discussion about a "red.tag" was recorded. Mrl Simon stated if there was a dis- cusslon among Council and a directive was given, it should be made a part of the Minutes. After some further comment among Council, Mr~ Harmening seconded the motion. The Mayor noted that the item in question is headed, "Excerot from Conversation Prior to Opening the Council Meeting HeLd October 22nd". He felt there was no objection in adding it to the Minutes. Motion carried 5-0. Mrs. Jackson moved to adopt the Minutes of the Reconvened Meeting of October 21, 1975 (held on October 22, 1975) ~and approved as written. Mr. DeLong seconded. No discussion. Motion carried 5-0. PUBLIC AUDIENCE Mr. Joseph Aranow, 2520 N.E. 1st Court, Village Royale on the Green, reviewed the information he had given to Council at the meeting of October 21st, particularly in regard to the Ordinances he felt were violated pertinent to the parkin~ spaces at Village Royale on the Green. He said there were three distinct items referred to in connection with shortages of said parking spaces. One item concerned the I~ spaces for each unit; another referred to the number of spaces needed for the theater or auditorium (one parking space for four seats); and the third item pertained to two spaces for four seats at private clubs or lodges. Mr. Aranow repeated his claim that there was a shortage of 510 parking spaces at Village Royale and his request that a motion be passed directing the City Manager no place the problem of the shortage of parking soaces before the City Prosecutor for his action, which was done. In examining the record, Mr. Aranow felt a complaint had only been filed with regard to the shortage of the t~ spaces for each uni[ and the residents of Villag~Royale on the Green were not satisfied. They wished to have all the complaints prosecuted. Mr. Aranow asked for an explanation as to why the required parking spaces were unaccounted for, if his inter- pretatiorsof the Ordinances were correct. ~e then read aloud a newspaper article that had appeared two days after the last Council meeting concerning tke investigation called by the City Manager and statements by Mr. Bushnell of the Building Department. - 2 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 4, 1975 Mr~ Aranow commented an length about the buildings which had not been built according to the site plans, particularly concerning Building 8 in which he liv~d andhe disputed state- menns made by Mr. Bushnell according to the newspaper article he had read. Mr. Aranow asked Mr. Kohl if he had received a report from Mr. Bushnell concerning violations existing at Village Royale on the Green that he investiga~ed~ Mr. Kohl answered yes, however, the report has not yet been given to Council aslhe was still investi~atins it. When he has com- oteted the report, Mr. Kohl said he would Mire it to Council. ~r. Aranow was advised that he could look at the report in Mr. ohl's~of~ice Mr. Aranow felt that only one complaint had been giy~n to the City Prosecutor and if this was the case, the residents did not believe they were being given the attention to which they were entitled. He requested that all the parking complaints be taken care of and asked for a specific date so that all the details of the complaints could be given to the City. At 7:58 P.M~ the lights went out and there was an electrical failure in City Hall. Emergency power was installed and the meeting resumed at 8:18 P.M. Mayor Roberts requested Mr. Aranow and his committee to see the City Manager the following morning. Mr. DeLong asked the City Manager if on the report in question there were any noticaBte violations that he was not prosecuting. Mr. Kohl said according to the Building Department, everything is being taken care of except one item which has been discussed with the Prosecuting Attorney. Mr. Kohl said he is not at liberty to say anything at this time. Mr. DeLong asked if there were other parking violations, would they be pursued. Mr. Kohl said yes Mr. DeLong felt it would be best to follow the Mayor's suggestion and meet in the morning with the Prosecuting Attorney in attendance. Mr~ DeLong asked if Mr. Aranow was apprised of the Prosecuting Attorney's advice to Mr. Kohl and Mr Kohl said no. Mr. DeLong felt as a courtesy to Mr. Aranow, he should be apprised of the ad~ice of the Prosecuting Attorney so he is aware of what is taking place. Mr~ Kohl asked Council if he could ask the permission of the Prosecuting Attorney as he didn't wann to do anything to injure the Court hearing. Mr. DeLong again stated that he felt Mr. Aranow should be apprised of all actions. Mr. Kohl said he's non trying to hold back any information but when the Attorney tells him to do something, he warms to be sure it's done right for the benefit of the residen[s. Mayor Roberts asked Mr. Aranow if he's been in touch with the City Manager concerning the matter~ he's brought up tonight. Mr. Aranow advised that the only item different tha~ what he presented an the last meeting was reference to the newspaper article aboun Mr. Bushnell. It was felt if Mr. Aranow had been in to see the City Manager, it might have been avoided going over this matter twice. Mr. Aranow said he was willing to meet in the Cit~ Manager's office the following morning. 3 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 4, 1975 Mr. Aranow said he has heard nothing mentioned by Council or other.City officials that there have_been parking~spaces built by Village Royale on the Green on City streets. He asked why that wasn't prosecuted. Mayor Roberts assumed if it hasn't been started, all the information and facts have not yet been received. Mr. Aranow said the City Prosecutor told him he had no information on certain parking probTems'in Village Royale on the Green. Mr. DeLong said if any member of Council knew that parking spaces were being built on City ~ights of way or City streets, he didn't believe he or she would let it continue to happen. Mr. Aranow said this'was shown on a survey sub- mitted to the City by the developers in ~espon~e to a demand by Mr. Barrett. - Mr. Aranow said he wished to give the City Prosecutor all the informatio~ available in order to prosecute and he wanted the City to enforce its ordinances~ As an aside, Mr. Aranow then read a communication received by all the presidents of th~ buildings at Village Royals concerning maintenance. Discussion ensued regarding Mr. Aranow's request for a special meeting. Mrs. Jackson noted this was a legal matter to be handled by the City Manager, City Attorney and City Prosecutor and Council has given the necessary directive to the City Manager. Mr. Aranow felt the Certificates of Occupancy at Village Royale on the Green were improperly issued and he felt it was City Council's duty to grant the residents time to show what they have to complain about. Mr. DeLong did not feel it was Council's prerogative to advise the City Prosecutor as to how he should prosecute the case, but the City should go after every violation that exists and see that it is prosecuted. After some further discussion, it was de~ided that the City Manager would make the necessary arrangements to contact the City Prosecutor and meet with Mr. Aranow and his committee the followin~ morning. (Note: Electric power was restored during the above discussion at approximately 8:30 P.M.) Mayor Roberts called a brief recess at 8:33 P.M. and called the meeting to order at 8:37 P.M. BIDS Thirty-five (35) Bunker Coats, Bunker Pants ~ Bunker Suspenders Mr. Kohl said bids on the above were opened on October 27, 1975 at 3:00 P.M. in the office of the City's Purchasing Agent, Mr. Sullivan. The Tabulation Committee recommends acceptance of the bid from Biscayne Fire Equipment Company (for Globe Products) in the total amount of $4,198.00. Before Council were cooies of the Tabulation Sheet and Affidavit signed by Mr. Dick Seitner, Sales Representative of the Biscayne Fire Equipment Company. Mr. Kohl checked all other requirements and everything is in order. Funds for the Bunker Coats are available in Account No. 001-865-76 and funds for the Bunker Pants and Suspenders are available in Account No. 0~1-865-77. Mr. Koh-1 concurred with - 4 MINUTES - REGULAR CITY BOYNTON BEACH, FLORIDA COUNCIL MEETING NOVEMBER 4, 1975 the reaommendations of the Tabulation Committee. Mr. DeLong moved for the approval of the City Manager's recommendations above. Mr. Strnad seconded. No discussion. Motion carried 5-0. Communication Recording & Playback System Mr. Kohl said bids. on the above were opened on October 27, 1975 at 4:00 P.M. in the office of the Purchasing Agent, Mr. Sullivan. The Tabulation Committe~ recommended awarding the bid to Lanier Corporation of Riviera Beach in the amount of $4,500.00. Before Council were copies of the Tabulation Sheet and Affidavit signed by Mr. Joe Charles, Regional Sales Representative of Lanier Corporation of Riviera B~ach. Ali other requirements have been met. Funds for the above purchase are available in A~counn No. 020-813 and he concurred with the recommendations of the Tabulation Committee. Mr. Kohl said the other bidder, Dictaphone Corporation, did not meet specifications. The Police Department recommended Lanier because they do have Dictaphone and are non satisfied. Mr. Steve Coldren of West Palm Beach, representing Dictaohone Corporation, stated his company was low bid on this eq. uipmenn and felt that Dictaphone's equipment exceeded specifications. Mr. Coldren said he was at the bid opening and felt his com- petitor did not follow all instructions. Mr. DeLong asked Mr. Coldren if he had contacted the Purchasin~ Department and made a complaint and Mr. Coldren said he had been in contact today and was told of the recommendations. Mr. Kohl said any bidder has the opportunity 5o come in and tell about his product. Mr. Kohl said he,was taking the Purchasing A~ent"s word that Dictaphone did not meet specs as well as the Police and Fire Departments' word that they want Lanier equipment. Therefore, Mr. Kohl recommended the Lanier product to ~Conncil. Mr. DeLong moved to accept the City Mana¢er's recommendation above, seconded by Mrs. Jackson. Mr. Coldren disputed the statemen5 that Dictaphone did not meet specifications and his company would see this matter through. Motion carried 5-0. Mr. DeLong said he was oleased with the way the bids have been handled for the past three years. They are handled with the greatest degree of integrity and he wished to see the present system continued. Mrs. Jackson added that the City retains the right to reject any bid, whether it is the low bid or not. Mr. Coldren felt his company has saved the City a considerable amount of money and he said the matter would be pursued. PUBLIC HEARING - 8:00 A.M. None. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING - 5 MINUTES - REGULAR CITY COUNCIL MEETING NOVEMBER 4, 1975 BOYNTON BEACH, FLORIDA Proposed Ordinance No. 75-28 - Re: Providing for Transfer of Funds Between The General Fund and The Operating Capital Im- provementsFunds Mr. Simon read the above Ordinance on second reading by caption only. Mayor Roberts asked if anyone in the audience wished to speak in favor of or against this Ordinance. No ~eply. Mrs. Jackson moved for the adoption of Ordinance No. 75-28 on second and final reading. Mr. DeLong seconded. No discussion. Mrs Padgett called the roll as follows: Vice Mayor DeLong Councilman Harmening Councilwoman Jackson Councilman Strnad Mayor Roberts Motion carried 5-0. Aye Aye Aye Aye Proposed Ordinance No. 75-35 - Re: Amending Ord. 75-19 to Correct and Revise Certain Sections of the Zoning ReKulations Mr~ Simon read the above Ordinance on second and final reading by caption only. Mayor Roberts asked if anyone in the audience wished to speak in favor of or against this Ordinance. No reply. Mr. Strnad moved for the adoption of Ordinance No. 75-35 on second and final reading, seconded by Mrs. Jackson. No discus- sion. Mrs. Padgett called the roll as follows: Vice Mayor DeLong Councilman Harmening Councilwoman Jackson Councilman Strnad Mayor Roberts Motion carried 5-0. Aye Aye Aye Aye Aye Ordinances 1st Reading Proposed Ord. No. 75-38 - the City Limits Re: Changing Bar Closing Hours Within Mr Simon read the above Ordinance on first reading in its entirety. Mrs. Padgett advised that three people wished to speak on this item. Mr. Dennis Vita~% owner of the Town Tavern in Boynton Beach represented four license-holders in the City with 5:00 A.M. closing hours, and he .enumerated their reasons for wishing their esnablishments to be able to remain ooen until that time. He gave Council an appeal of surrounding businesses in favor of the later hour and referred to Lake Worth's and Lantmna's action to keep the 5 o'clock closing time. Mr. Vitaltirequested Council's consideration and noted than only two license-holders in the City actually remained open until 5:08 A.M. He also knew of no complaints from the Police Department. - 6 MINUTES BOYNTON REGULAR CITY COUNCIL MEETING BEACH, FLORIDA NOVEMBER 4, 1975 The Mayor felt some consideration might be given to extending the later hour on a particular holiday and he noted that most of the establishments in the surrounding areas closed an 2:00 A.M. Rev. Roby Snider of the Boynton Baptist Temple asked that Council approve the Ordinance for the 3:00 A.M. closing time for moral reasons and the benefit of parents and children. Rev. Douglas Smith, 625 Hillcrest Road, wished to speak as a residenn of the City. He was in favor of the earlier closing hours, particulmrly because of the social problems caused by drinking alcohol. He felt the problems were due more to the liquor industry than the owners of local establishments~ The Mayor asked for Council's consideration of allowing the local businesses to request a later closing time on a particular holiday or special occasion by going through the usual channels in City Hall~ Mr. DeLong suggested having the City Attorney include the Mayor's idea~into the Ordinance before the second reading. Discussion ensued as to when~the extended hours may be permitted. Mr. Simon advised that if there were going to be exceptions, they should be specific~ After some further clarification for Mr. Vitalliabout the contents of the Ordinance, Mrs. Jackson moved for the adopnion of Ord. inance 75-38 with the exception of the local establishments being permitted to shay open until 5:00 A.M. on New Year's Day. %>~. Harmening seconded~ In answer to a question from someone in the audience, Mr. Simon said regarding Section C, the effect of the Ordinance is to say that Sunday is an exception to the 3 A.M. closing hours, except when it falls on New Year's Day. It was further clarified that Council wished to adopt the Ordinance as it is, excepn to specify a 5:00 A.M. closing on New Year's Day, regard- less of what day it falls on. Mrs. Padgett called the roll as follows: Vice Mayor DeLong Councilman Harmening Councilwoman Jackson Councilman Strnad Mayor Roberts Aye Aye Aye Aye Aye Motion carried 5-0. Resolutions Proposed Res. No. 75-QQQ - Re: Amendment to Resolution 75-BBB as it Pertains to the City Pay Plan Mr. Simon read the above Resolution in its entirety. Mr. DeLong moved for the adoption of Resolution No. 75-QQQ, seconded by Mr. Harmening. It was noted this Resolution would be effective Thursday November 6, 1975. Mrs. Padgett called the roll as follows: MINUTES BOYNTON REGULAR CITY COUNCIL MEETING BEACH, FLORIDA NOVEMBER 4, 1975 Resolution No. 75-QQQ (Cont'd) Vice Mayor DeLong Councilman Harmening Councilwoman Jackson Councilman Strnad Mayor Roberts Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Res. No. 75-RRR - Re: Eliminate the Requirements Yard Trash be Collected and Disposed of in the Same Manner as Household Garbage and Other Solid Waste Mr. Simon read the above Resolution in its entirety. Mr. Har- mening moved for the adoption of Resolution No, 75-RRR, seconded by Mrs. Jackson. No discussion. Mrs. Padgett called the roll as follows: Vice Mayor DeLong Aye Councilman Harmening Aye Councilwoman Jackson Aye Councilman Strnad - Aye Mayor Roberts Aye Motion carried 5-0, Proposed Res. No, 75-SSS - Re: Appointing Resident Member to the Board of Trustees of the Municipal Firemen's Pension Fund Mr. Simon read the above Resolution in its entirety. Mr. Harmening moved for the adoption of Resolution No. 75-SSS, seconded by Mr, DeLong. No discussion. Mrs. Padget~ called the roll as follows: Vice Mayor DeLong Councilman Harmening Councilwoman Jackson Councilman Strnad Mayor Roberts Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Res. No. 75-TTT - Re: Appointing Resident Member To the Board of Trustees of Municipal Police Officers Pension Fund~ Mr. Simon read the above Resolution in its entirety. Mrs. Jackson moved for the adoption of Resolution No. 75-TTT, seconded by Mr. Harmening. No discussion. Mrs. Padgett called the roll as follows: Vice Mayor DeLong Councilman Harmening Councilwoman Jackson Councilman Strnad Mayor Roberts 8 Aye Aye Aye Aye Aye MINUTES REGULAR CITY COUNCIL MEETING BOYNTON BEACN~ FLORIDA NOVEMBER 4, 1975 Resolution No. 75-TTT (Cont'd) Motion carried 5-0. Proposed Res. No. 75-UUU - Re: Rescinding Resolution 75-U Relative to Proposed Ramp - S. W. 23rd Avenue Mr. Simon read the above Resolution in its entirety. Mrs. Jackson moved for the adoption of Resolution No. 75-UUU, seconded by Mr. Harmening. Mr. Simon said in the typing of this, a phrase was left out in Section 1, which should read, "o.. Said Resolution be and is hereby rescinded and is hereby declared null and void." Mrs. Padgett called the roll as follows: Vice Mayor DeLong Councilman Harmening Councilwoman Jackson Councilman Strnad Mayor Roberts No Aye Aye No Aye Motion carried 3-2 in favor. Other Consider Signal Maintenance Agreement with Department of Transportation Mr. Simon said he had a Resolution to read if Council agrees to authorize the contract. It was noted this was done every year. Mr. Simon read Resolution No. 75-VVV in its entirety. Mr. DeLong moved for the adoption of Resolution No. 75-VVV: seconded by Mr. Harmening. No discussion. Mrs. Padgett called the roll as follows: Vice Mayor DeLong Councilman Harmening Councilwoman Jackson Councilman Strnad Mayor Roberts Aye Aye Aye Aye Aye Motion carried 5-0. Consider Recommendations of City Attorney Regarding Fire Hydrant Charges Mayor Roberts asked if any changes have been contemolated in the ranes. Mr. Simon said he was asked what procedure shohld be taken in the event Council wishes to change the rates and he stated the proper procedure would be by Resolu- tion. The Mayor knew of no recommendations, therefore, no action was taken. OLD°BUSINESS MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 4, 1975 Annexation - Vice Mayor DeLong Mr. DeLong wished to have a letter from Mr. William Holland to the City Manager made a part of the record (copy attached). Mr. DeLong did not believe there was any specific time re- quired to snart constructio~ by any property that's been annexed as he knew of no O~din~nce or C~de ~equiring this. Mr. DeLong then referred to the Minutes of the Planning & Zoning Board meeting of October 2g, 1975 which seemed to reflect some confusion among the members about annexation regulations and the procedure to be followed Mr Kelly o~ the Planning & Zonin~ Bgard concurred ~r. ~eLon~ moved t~ have tke City. Attorney instructed to send to the'Planning & Zoning Board the g~ideiin~s insofar as annexation to the City of Boynt0n Beach ms concerned. Mrs. Jackson seconded. Mayor Roberts felt a procedure had been set down and he-believed the new State law on thi:s m~tter should be included, Chapter 75-397, which was recently adopted Mr. DeLong said the requirements of annexation were inadvernently left out of the new Zoning Code. Mr. Kelly, Chairman of the Planning & Zoning Board: said the Board had been in a quandry about the subject of annexation. He consulted with Mrs. Padgett who showed him a copy of Resolution 74-L and its Exhibit A which contained Mr. Kohl's recommendation of March 26, 1974. He said the Resolution does lack specifics as to whether the Planning & Zoning Board should make a recommendation for annexation at that time and forget a~ou~ the q~as{ieD of recommending zoning for the property proposed to be annexed. Mr. Kelly said he picked up eight copies of Resolution 74-L and Exhibit A, however, he still felt Mr~ DeLong's recommendation was in order. Mr. Kelly said a tentative workshop was scheduled for Saturday, November 8th. Mr. Simon asked if the guidelines should broaden or expand upon Resolution 74-L. Council felt that the Resolution should be updated and upgraded accordingly. It was decided that Mr. Kohl would work with Mr. Simon on this. Motion carried 5-0. Mayor Roberts referred no the letter from Mr. Holland and said the reason he requested a communication be sent out with ·everyone receiving an answer was not to push on having anything done on the area in question. He had received some information that the ownership of the land had reverted back to the original owner and Mayor Roberts wished to have asnatus quo on the land. The Mayor said since Mr. Holland still has the land there is also a question of whethe~ any violations were in existence regarding grazmng cattle in that horses and cattle are not allowed wi%hin the Qity limits. Council felt the appropriate Ordinance should be enforced. Request Final Approval of Lake view Haven Plat Mr. Kohl noted that the above was approved by the Planning 10 MINUTES REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 4, 1975 Zoning Board at their meeting of October 28, 1975, subject to one change -- that the canal'right-of-way be widened from 25 feet to 30 feet. The Mylar was picked u~ by the engineer for Lake View Haven and they will make the neeessary correction as specified by the Planning & Zoning Board. Mr. Kohl said he had the M~ylar with him to be sure this has been accomplished, which it has been. He requested final approval of the Lake View Haven Plat. .... to~a~cept, the recommendation 11/18/~ ~rs. oacmson move~/~or~the-approva~ of the ,City Manager ia minut~ conjunction with t~e recommendations of th~ Pl~nnlng & Zoning Board above for the final approval of the Lake View Haven plat. Mr. DeLong seconded. No diSCussion. Motion carried 5-0. Mr. Simon read proposed Ordinance 75-39 re the above in its entirety on first reading. Mrs. Jackson moved for the adoption of Ordinance No. 75-39 on first reading, seconded by Mr D~Long. No discussion. Mrs. Padzett called the roll as follows: Vice Mayor DeLong Aye Councilman Harmening Aye Councilwoman Jackson Aye Councilman Strnad - Aye Mayor Roberts Aye Motion carried 5-0 Discuss Resolution No. 75-ZZ - Re: Tennis Fee' System Mrs. Padgett noted three people wished to speak on this item. Mr. R. B. Vastine, 132 Leisureville Boulevard, represented the United Boynton Civic League and stated that the League's position is for those residents having the opportunity to use the tennis courts to have a minimum charge and that a maximum charge should be placed on those people who do not reside in Boynton Beach. The Mayor noted that the r~es have been revised and Mr. Vastine could speak again '~ter they were announced, if he wished. Mr. Gary Winter, !~1, S.E. 27th, was in favor of the fees as they are now proposed. He feln the tennis courts would be more available to the people who are honestly interested in the sport. He spoke about the problems he's had in trying to play in Bovnton and the fact that he had to go down to Delray where ~he courts could be reserved~ He wished to see Boynton's courts upgraded and felt the fee system would relieve the Council of the perpetual request for funds for improvements. There being no one else present wishing no speak on retaining the higher rates, Mr. Kohl read the new rate schedule proposed for the tennis courts, with a recommendation that all.~ther requirements and procedures remain ihtact with the mddition that all City employees (classified and non-classified) r~gard- less of residency shall be eligible for resident membershzo. - 11 MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 4, 1975 BOYNTON BEACH, FLORIDA Mr. Kohl said he and the Recreation Director, Mr. Frederick, developed the proposed plan for Council's consideration. Mr. Gene Eddy, 1104 S.W. 26th Avenue, stated he was originally in favor of retaining the higher rates, but in speaking to his friends an the tennis courts and after further consideration, he was now in favor of the lower rates. He then presented Council with an additional petition, bringing the total signatures he has presented to 104, in favor of the latest tennis fee schedule. He noted that all signatures were obtained at the tennis courts and %hey were all tennis players. He asked that Council adopt the amended program b~fore them. Mayor Roberts felt that some of the problems encountered in playing tennis in the City were due to the ~ack of charges. He said there was no reason why the fee schedule couldn't be installed on a trial basis as recommended. He felt the pro- posed rates were fair. Mrs. Jackson said she originally voted for the higher rates but felt the revisions were more fair and she moved to adopt the new rates as recommended by the City Manager. Mr. DeLong seconded with the inclusion that the City Attorney be instructed to amend Resolution 75-ZZ accordingly. The City Manager said he would get together with the City Attorney to clarify the details. Mr. Harmening felt mosn people could live with the new schedule and he objected to the original higher rates. He was cOncerned that students receive the same consideration as residents, whether or not they lived in the City. He also felt there should be no standing reservations, with everyone being required to call in for a reservation each time After some further discus~ion~ it was clarified that Mr. Harmening's suggestions have already been taken into consideration. Motion carried 5-0. Discuss Repeal of Article IV Permit no Install TV Antenna Re: Residents to Pay for a Councilwoman Jackson Mrs. Jackson referred to a current law in the City that~everv= Mins one who has a TV antenna must pay for a permit. She~9~m~at of ~ one quarter of the residents have done so and she wished 11/18~ to see this whole section taken out~ Anyone who installs a ?5 TV antenna would have to be licensed by the City. Mrs. Jackson therefore moved to strike the entire Article 4 from the Building Code section. Mr. DeLong seconded. There was some discussion about the exact section in question and it was felt the item should be researched further. Mrs. Jackson moved to table this item, seconded by Mr. DeLong. No discussion. Motion carried 5-0. Easement~ Min~es Discuss Return of All Known/R~g~-e~-Wa? for Utilities that Will Not be Utilized Eouncilwoman Jackson ~/18/7 Ut~lity_Eas. ementD Mrs. Jackson said since there are at least two/mnown/~gS~-~r ~my not being used: she moved that the City return the ones it knows about and return others as they come up. Mr. DeLong seconded, noting this was brought up once before. No discussion. Motion carried 5-0. 12 Do. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 4, 1975 Discuss Public Notice in the Shopper - Re: Hearing on Bar Closing Hours Councilwoman Jackson ' At Mrs. Jackson's suggestion, Mr. DeLong moved to strike the above item from the agenda, seconded by Mr. Harmening. No discussion. Motion carried 5-0. Request Approval of Change Order No. 4 - Wells 12, 13 and 1~ Mr. Kohl said as he previously advised Council, the location of the above wells h~d to be changed dne to the sand content. In view of this fact, they all had to be relocated and this necessitated the expense of addifional pipes, etc. Mr. Joe Swan of Russell &Axon, Mr. Perry Cessna, Utilities Director, and the City Manager concurred with this request for Change Order No. 4 in the amount of $6:363.02 and Mr Kohl asked for Council's approval. ' Mr. DeLong moved to accept the recommendation of the City Manager above and approve Change Order No. 4. Mrs. Jackson seconded. No discussion. Motion carried 5-0. Consider Approval of Letter of Agreement Between Palm Beach County and The City - Re: The CETA Program Mr. Kohl referred to a letter of agreement on the above which was before Council. He noted the goal of this project is that the City retain as many employees as possible. However, this is non obligatory and if they do not perform the City will receive a waiver to this effect from Mr. Herbert Thurston of the CETA Program before signing this letner of agreement. Mr. Kohl said as soon as the waiver is received the letter agree- ment will be signed and he asked for Council's approval~ Mr. DeLong moved than the appropriate City official sign the above letter of agreement as soon as the waiver is received. Mr. Strnad seconded. No discussion. Motion carried 5-0. NEW BUSINESS Receipt of Nominating Petitions In accordance with section 86 of the Boynton Beach Code of Ordinances the following nominating petitions for election to City Council: Richard D. Caldwell, Gene Moore III, Norman F. Strnad, Joseph F. Mack-, Nicholas A. Zito. All nominees have met the necessary qualifications required by law. Mr. DeLong moved to accept receipt of nhe nominating petitions~ Mrs. Jackson seconded. No discussion. Motion carried 5-0. Proclamation of Primary & General Elections Mayor Roberts read the above Proclamation: designating the primary election for two Councilmen in Boynton Beach to be held November 18, 1975, with the general election to be held 13 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA NOVEMBER 4, 1975 December 2, 1975. The voting hours are between 7:00 A.M. and 7:00 P.M. on each date and the Mayor then gave all the addresses of the polling places. Consider Appointments for Election Board~ Mrs. Padgett said a listing was submitted of those who have offered to serve during the year since the last election, totaling 68 names, nwo of which had to be removed for different reasons, bringing.the total down to 66. She then read the names of four additional peopl? who wished to serve so that the required number of 70 appointments could be reached. Mr. DeLong moved to accept the appointments to the Election Boards as submitted by the City Clerk (including the names of Edith Hood, ~!en Wilson, E~na Weaver and Cora Harmon). Mr. Strnad seconded. No discussion. Motion carried 5-0. Mrs. Jackson asked if Mrs. Padgett had the names of people who could be called upon in an emergency. Mrs. Padgett said yes. Discuss Thanksgiving Holiday - Vice Mayor DeLon$ Mr. DeLong noted this has been a four-day holiday in the past and he moved to do the same thing this year. Mr. Strnad seconded. Mrs~ Jackson asked if it would be a good idea to have the Civil Service Rules changed to make this a permanent arrangement, but it was felt that action should be taken each year if desired. Motion carried 5-0. Consider Request for Change of Election Procedures - Mayor Roberts Discussion concerned receipt of a letter from Mr. Gene Moore requesting Council's consideration to enact emergency legisla- tion to eliminate the municipal Primary Election, and Mr. DeLong s answer to same. Mr. DeLong said he based his objec- tion to the lateness of Mr. Moore's letter and his feeling that this matter could not be declared an emergency as it had nothing to do with the health and welfare of the public. Also, there was no time to put it on the ballot for the Decem- ber 2nd election. Mayor Roberts noted that the letter was addressed to the entire Council and he disputed Mr. DeLong's answer in that it did not reflect the feelings of all the members. Mr. DeLong said his answer reflected his personal feelings. Mayor Roberts took exception to Mr. DeLong's letter with regard to reference about "the water softener fiasco", since he felt there was no relevance. Mayor Roberts felt this remark was pointed at him personally and he added that the meeting held on that subject was a tremendous success and there was a possibility that Delray was considering a aimilar meeting. The Mayor also objected to any member of the Council using City equipment, supplies and stenographer for politics. 14 - MINUTES - REGULAR CITY COUNCIL MEETING NOVEMBER 4, 1975 BOYNTON BEACH, FLORIDA Mayor Roberts wished to have some informatien as to what rights the Council has to make this kind of statement and also if this comes under the particular law'rel, ating to the duties and powers of the Council. He e×pectedan-answer from the City Attorney. Mr. DeLong said there was nething in Robert's Rules of Order which Council adopted which prohibits his activities. Mayor Roherts felt Council might like to consider amending Section 18 of the Charter. The Mayor and Mr. DeLong disagreed about whetker or. notMr. DeLong~s letter was political and Mayor Roberts aaid'he was going to .look into whether or not Co~ncilmembers could engage in politics at taxpayers' expense. In regard to eliminating the municipal Primary Election, Mayor Roberts wished to have the matter studied further and also hear Council's feelings. Mrs. Jackson said she would not want to see an ~emergency ordinance p~ssed which-was not for the health and welfare of thee public. She would like to see the dates changed at some future time, but wished the election procedures to remain as they are for the presenn. She felt it deserved a great deal of thought and should be a referendum to the people. Mr. DeLong said Council would receive a memo from him.on the last communication that the candidate sent. Mrs Jackson hoped Mr. DeLong would ~rite the memo in his own ~arr~r handwri%ing. (See Minutes of 11/18/75) Mr. DeLong moved to place the communication from Mr. Gene Moore dated October 28, 1975 on file. Mrs. Jackson seconded. No discussion. Motion carried 5-0. Mayor Roberts asked for Council's consideration regarding hav±ng the City Attorney look into Council's activities in getting involved in political communications at the taxpayers' expense. After some discussion~ Mr. Simon suggested obtaining an opinion of the Attorney General on this matter. The Mayor felt that reference should be made to Mr. DeLong's communication in determining the powers of Council. Mr. DeLong noted that his memo was addressed to the Mayor and Council of'which he is a member and his memo represented no official action. Mrs. Jackson wished to have a ruling on whether it is proper for a City official to use a City secretary, City paper and City time to write a letter that is political. Mr. DeLong wished to know if it was proper for Mrs..Uackson to have the City Manager write a letter to Congressman Rogers without official action. Mrs. Jackson said she obtained permission at the Budget meetings. After some further comment, Mrs. Jackson moved to have the City Attorney determine if it is proper for any member of Council to use City personnel, City time and City paper for political purposes. Mr. DeLong specifically stated that if the City Attorney writes to the Attorney General to include the fact that Mr. De~ong as a Council member received a copy of Mr. Moore's communication a~d answered same to the members of Council, including the Mayor with a copy to the sender. Mayor Roberts also wished to have a ruling - 15 MINUTES REGULAR CITY COUNCIL MEETING BOYNTO5- BEACH, FLORIDA NOVEMBER 4, 1975 about the use of City Hall and City services and facilities to recommend, suggest or oppose proposed candidates for office. After some further discussion, Mrs. Jackson included in her motion that the City Attorney be given all the cor- respondence pertaining to this matter to aid in his determina- tion, including a third communication on the subject. It was clarified that Mr. Simon's question would be worded in an objective manner -- is it proper for a City Council member to use City Hall facilities for the purposes of political activity. Such political activity would have to be established. Mrs. Jackson s~id the City can make its ~own policy from the answer received. After ~ome further c~ormnent,~r. Haz~nening seconded and~motlon carried 3-2 in fav0~~ ~(Mess~a~/DeLong and S~rnad against). ADMINISTRATIVE Receipt of Correspondence from Hon. David D. Centola~ Attorney Mr. Centola came forward to represent Seagate of Gulfstream in order to petition the Council for relief as no utility payments, as outlined in his letter to Mr. Kohl dated October 27, 1975 (copy attached). Mrs. Jackson felt it was the determination of the developer to build and the duty of the City to furnish sewer and water and the people in the City are indebted no that and the City would be put in a hardship if it didn't have the money for sewer and water. Mr. Centola noted that single unit developers are not required to Day charges even though they are not sold and SeAgate of G~lfstream was asking to be put into the same position. Mr. Kohl referred to the last paragraph on page one of Mr. Centola's letter, stating -- "These units, being non-functional, utilize no water nor are they a burden to the City's sewer problem or garbage problem. They are ~ng charged, however, as if they were a fully functional unit." Mr. Kohl said the cost of maintaining these lines, equipment and plant capacity is always with the City, whether an individual or group of individuals use that facility or not. He referred to Resolution 74-W of April 1, 1974 which was passed at the recommendation of th~ consulting engineers and fiscal agents. Any change in policy is the responsibility of the City Council. Prior to any change in policy, the advice of the fiscal agent and the consulting engineers should be requested and presented as a guide to the Council. ~ change could conceivably affect the over-all fiscal picture of the Utilities Department to such aD_ extent that the saleability of future bond issues would be jeopardized and Mr. Kohl wished to bring this information to Council. Mr. DeLong felt Council would not be doing the right thing if those parties involved were not consulted, although he was very impressed with Mr. Centola's letter. Mr. DeLong moved to receive Mr. Centola's request and forward it to the City's fiscal agents and consulting engineers for their report back to Council. Mr. Harmening seconded. Mayor - 16 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 4, 1975 Roberts asked if there were any other developments suffering hardships and Mr. Kohl said there were a few, but this was the only request for relief. After further cormnenn, motion carried 5-0. Consider Request of County Sanitation Re: McDonald's Trash Contract Agreement Mr. Kohl referred to a copy of the trash contract agreement between McDonald's and County Sanitation which was before Council, as well as Section 13-34 (Ordinance 70-22 9/14/75), stating that all~ refuse accumulated in the City shall be co~l~cted,~conveyed and disposed of by the Cit~ government or~l~aensed commercial~ hauler, and~that no person shall collect, convey over any of the streets or alleys of the City, or dispose of, any refuse accumulated in the City without a written contract or permit approved by the City. He also referred to Section B of the Ordinance pertaining to trash to which 90% of this contract wilt apply~ in that household trash consists of paper,~i boxes~ bottles, glass, etc. ordinarily accumulating abouf residential or commercial property. Mr. Kohl asked.for Council's wishes on this request. Mr. DeLong felt that McDonald's has entered into a contract with an in'dependent garbage collector--County Sanitation, and that they have e~gaged th~m in Boca Raton. He said there was nothing in the City's Ordinance that says they must do business with the City. They must dispose of their trash and it is their choice as to whom they woul~ rather deal with. Mr~ DeLong therefore movedto honor the contract agreement in quesltion. Mrs. Jackson seconded. Mrs. Jackson noted that Kwik-Chek.also did not use'the City for collection. After some discussion about the benefits of using a compactor, the motion carried 5-0~ Consider Request of Mr. Gene Moore - Re: Sound Trucks Mr. Kohl referred to Mr. Moore's request before Council for permission no operate two sound trucks within the City limits on November 18 and December 2 in connection~with his candidacy for City Council, between the hours of 8:00'A.M. and 7:00 P.M. on said dates. Mr~ Kohl aTso referred to Section 17-22.2 of the Code pertaining to this request and he drew Council's attention to the first paragraph which states -- "It shall be unlawful for any person knowlingly or wantonly to use or operate, or to cause to be used or operated, any mechanical device, maehine~ apparatus, or instrument for intensification or amplification of the human voice or any sound or noise in any public or private place in such manner that the peace and good order of the neighborhood is disturbed, or that persons ownzng, uszng, or occupying property in the neighborhood are disturbed or annoyed." Mr. Kohl asked for Council's wishes on this request. Mr. Aranow wished to know Mr. Moore's request, which Mr. 17 MINUTES - REGULAR CITY BOYNTON BEACH, FLORIDA COUNCIL MEETING NOVEMBER 4, 1975 Kohl read aloud. Mr. Arano~ did not believe Mr. Moore was making a request to operate a sound truck %hat would be in violation of the law. Mrs. Jackson felt at one time there was an objection to something going on continuously in one area, but the sound trucks in question would be moving around. She ~o~ed if this request was approved the trucks would not be permitted to travel any pri~ate roads or go through the condominium developments. Mr. Aranow said he made a request for the meeting of October 21st to hav.e a sound apparatus available to acco,',',~Lodate the people outside who cou%~ not get into the Council Chambers tha~ night because of their large number. He said his request was turned down and he did not feel there should be any preference , given to someone else. Mrs. Jackson said Mr'. AranoW s request should have come before Council prior to the Council meeting of October 21st: Mr. DeLong asked the City Attorney if ~ou~d t=ucks were mn violation of that p rt~on of the Ordznance zn questzon. Mr..Simon referred to~ ano. ther p.ortio~ of t Ordinance which ~i-~ various types os noises which w0utd b ~nsidered in Violation. He said in another section of the .~ there is a provision for the granting of approval use of sound trucks or vehicles on a daily basis and has been done in t~e past. He said one is a licensin~ noises. The Ii~ and there is no to sound trucks. which the Mayor stated around a~d uses d$~scr~tio~, intent o~ the Ordinance ' stores and ho~ses. Mr. the Code, there is a lJ of Council for the day basis. After grant permission trucks on the .lacks~n se, permitted 6n the applicant should be specifying the number, Motion carried 5-0. is a prohibition against disturbing specific in the use of sound trucks ~ in the noise Ordinance with regard s some further comment during !ett if a truck is out moving it is not in Violation and the PA systems are used from oted under Section 15-18 of authority subject to approval a sound truck or ve~icle on a per Mr. Harmening moved to ~licant for the use of nwo sound pecified in his r~u~st. Mrs. addition that the trucks nnt b~ or developments. Mr. DeLong felt ted to use sound trucks without ~ event he wished to use more. Min. of 11/18/ 75 Application for Taxi Cab License - Mr. William Miller Mr. Kohl referred to the complete file on the above request which was before Council and included Mr. Miller's application, copy of the Bill of Sale and the contract and affidavit. He then read Sec. 27.5 Same - Transfer -- "No certificate of public convenience and necessity may be sold, assigned, or otherwise transferred without the consent of the City Council who shall not unreasonably refuse the right to transfer." (Ord. No. 290, Paragraph 7, 11-10-56). 18 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 4, 1975 Mr. Kohl said everything was in order regarding this transfer of license and he asked for Council's wishes. Mr. DeLong moved to grant the ICansfer of ticense as requested. Mr. Harmening seconded (as did Mrs. Jackson and Mr. Strnad). Motion carried 5-0. Application for Permit to Solicit for White Elephant Sale Kiwanis Club of Boynton Beach; the Heart Association of Palm Beach co~inty: and th~~ Leukemia So~iet~ Of America Mr. Kohl said everything was in order and these people were all 9orm~unity workers. Mr. DeLong moved to approve~the above appllcations f6r permit to solicit. Mr.Harme~ing seconded. No discussion. Motion carried 5-0. Consider Appointment of Member for Community Appearance Board Mayor Roberts Mrs. Jackson said that Mr. Lee whom she had suggested earlier found that he had no be in South America in November and December so he would not be able to serve on the CAB. After 9etermining that the Board had enough members to operate as zs until an appropriate technical individual can be found, Mrs. Jackson moved to strike this item from the agenda, seconded by Mr. Harmening. Motion carried 5-0· Approval of Bills Mr. Kohl read the following bills for approval: t. School Board of Palm Beach County Annual Communit~ School Contract Pay from Budgeted Funds 001-875.39 COntracT dated 8/1/75 $ 4,000·00 Kozich & Kozich, Inc. Est. #2 Maintenance Facility Pay from Federal Revenue Sharing Bid awarded 8/21/71 13,909.40 Funds appropriated West Construction Co. New Office, Lab & Maintenance Shop Wastmwater Treatment Facilities Pay from Atlantic National Bank 1975A Series Water & Sewer Bond Issue Contract dated 7/1/75 8,205.00 Advance Air Conditioning Air conditioner at Wilson Center Pay from transferred funds 001.875.80 Council approved 10/21/75 1,475.00 19 MINUTES - REGULAR CITY BOYNTON BEACH, FLORIDA COUNCIL MEETING NOVEMBER 4, 1975 Approval of Bills (Cont'd) Allen Insurance Agency Miscellaneous Articles Floater - No Pay from budgeted funds 001-885.37 Risk $.1,250.00 American States Insurance Co. Accidental death and dismemberment for Fire and Police Pay from budgeted funds 001.885.25 2,752.40 o Cynthia Lewis Assistant cook for Sr. Citizens Club Pay from Federal Revenue Sharing Fund 020-880 Ordinance ~73-15 passed 5/15/75 48.00 Isiah Andrews Driver for Sr. Citizens Club Pay from Federal Revenue Sharing Fund Ordinance #73-15 passed 5/15/75 020-880 45.00 The bills described above have been approved and verified by the department heads involved; checked and approved for payment by the Finance Director and funds are available in their respective budgets. Mr. Kohl recommended payment of the above bills. Mr. Harmening and Mr. DeLong moved to pay the bills. Mrs. Jackson seconded. No discussion. Motion carried 5-0. OTHER Claim Against Rel-Reeves, Inc Mr. Kohl requested that authority be given to the City Attorney to return the executed original and one copy of the filing in Court of the Rel-Reeves indebtedness to the City of Boynton Beach in the amount of $317.55 for water and sewer. Mr. DeLong and Mr. Harmening moved to give the authorization as required. Mrs. Jackson seconded. Mr. Simon noted that authorization was to be given to the Mayor and City Clerkto execute amd the~'City Attoz~ey to file. Motion carried 5-0. ADJOURNMENT Mr. DeLong moved to adjourn, seconded by Mrs. Jackson. Motion carted 5-0. Meeting adjourned at 11:05 P.M. CITY OF BOYNTON BEACH, FLORIDA t~ ~ Mayor MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA MEETING NOVEMBER 4, 1975 CITY OF BOYNTON BEACH, FLORIDA 21 October 23, 1975 281(3 East Oakland Perk Fo~ kauderds[e, Florida 333~ Telephone: (3~) 565~7762 Fir. Frank Cole, City Manager City of Boynton Beach P. O. Box 310 120 Northeast Second Avenue Boynton Beach, Florida 33435 Dear Mr. Cole: In respect to your letter of October 21, 1975, please be advised that Mr. Holland is in Europe and we expect him to return on or about November 1, 1975. At the time that we were annexed into the City of Boynton Beach we expected to commence development shortly thereafter. However, the general economic conditions throughout the country and in particular the construction industry in south Florida has caused us to re-evaluate our plans and re- structure our financing. In as much as the condominium and multiple unit market is distressed primarily-due to overbuilding, we are redesigning our site~plan to start with single family housing. We expect to have this re- design completed shortly at which time I will call for an appointment to bring you up to date on our proposed changes in the development plan. Very truly yours, HOLLAND ENTERPRISES Robert F. Sullivan RFS/tcb DA VID D. C£.~VTOLA October 27, 1975 Mr. Frank Kohl City Manager City of Boynton Beach Boynton Beach, Florida 33435 Re: Seagate of Gulfstream Dear Mr. Kohl: It is requested that Seagate of Gulfstream be permitted time on the City Council agenda for November 4, 1975, in order to petition the Council for relief as to utility payments. As you know it is a common practice for condominium units to build several apartment units within a single building. It ms also a common practice to utilize one coramon water source and meter per build- ing. Prior to the passage of Resolution No. 75-W on:April 1, 1975, there was one minimum charge for each meter. This was changed, by said resolution, so that there is now a minimum charge for each unit whi~ch is connected to said meter. The developers of Seagate of Gulfstream are in full agreement with this resolution as it applies to units which have been sold and are or should be functional units2 This resolution, however, does not make any pro- vision for themany condominium units which are Still owned by the developer and are non-functional. water nor garbage problem. they were a fully Th~e units, being non-functional, utilize no are they a burden to the City's sewer problem or functionalThey are beingunit.charged, however,as~~~i Mr. Frank Kohl City Manager Re: Seagate of Gulfstream -2- October 27, 1975 Las% year when construction in this area came to a virtual standstill, Seagate of Gulfstream elected to continue its building program. This building program helped contribute to the economy of the area and broaden the tax base for the City of Boynton Beach. Howeuer, as a consequence of this decision, there are now present at Seagate of Gulfstream many condominiums which are unsold and still owned by the developer. These units, because of utility charges, are an economic burden to the developer° Unlike a developer of a single dwelling pro- ject, a condominium developer can not wait until a unit is sold before connecting the utilities to that unit. Having only one meter per building the condominium developer must connect all units in that building at one time even though many, if not the majority of the units are not functional. At the time resolution 75-W was being considered, a few residence of Boynton Beach requested that, during ~he two or three months they were absent from the city, they be excused from paying utilities charges. Thes~ requests were denied, for good reason, because the party themselves have made the election to leave the area. Unsold condominium units, however, can be differentiated from the above situation in that the condominium un,ts have never been a functional unit and was never an election on anyone's part to voluntarily leave the area. It is thus requested that this Council consider alternates to the present resolution in which utilities for unsold apartment units are not charged until the unit is sold. As a practical procedure, the developer could be required to inform the city, at the time a unit is sold, as to the name and address of the unit owner and the date of occupancy. Another alternative is to bill the developers, as is presently done, and require the developer to submit an affidavit as to the number of unsold units in each building. Following this procedure if the developer does not file a timely affidavit he would not be entitled to a credit refund for the unsold units. The affidavit and Mr. Frank Kohl City Manager Re: Seagate of Gulfstream -3- October 27, 1975 payment could and should be made simultaneously, thus eliminating the need for sxtra bookkeeping in the utilities department. In essence we are requesting that the City Council consider the hardship this resolution places upon condominium developers and put them in parity with single unit developers. I have enclosed cOpies of this letter for the members of the City Council. DDC:jc Eric!: Copies ltr Very truly yours, DAVID D. CENTOLA