Loading...
Minutes 12-17-74~tNUTES OF REGULAR CITY COUNCIL ~TiNG OF BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, THE CITY OF BOYNTON DECE~BF~ l?, 1975. P~S~T Joe DeLong, Mayor David Roberts. Vice Mayor Forrest L. Wallaee~ Couneilma~ Edward F. Harmonic_, Oeuneilman NOrman F. Strnad, Gcuneil~ Fr~k'Kehl, Ci%yNans~er Ermest Simon, City Attorney Callie Clariten, Acting City Clerk 0PENINC~ Mayor DeLemg called the meeting te order at ?:30 P.M. He reGuested everyone t~ rise fief the i~vocatien given by Rev. Ernest R. Campbell ~f She First Baptist~ Church of Boynten Beach, followed by the Pledge of Allegiance to the Flag led Dy Vice Mayer David Roberts. .iL%/no%L?teements Mayor D~Lomg noted this is the last Regular Meeting of T~he 1974 City Geumcil and he expressed appreciatiem to all members ass ¢l~$. The ~yor then read a reetamatmen, designating the mo~ths of December, 1975 and Jamuary, 1~75 as Bnai Bri~h Months. ~yor DeLcng ann?unced that City i~il would be closed December and 25, 1975 in observation of Christmas an~ January 1, 1975 for the New Year. It ~as note~ that the next Regular City Council Meeting would be hel~ Monday, Janus~y 6, 1975 at 7:30 The Mayor then requested all ~hese who wished to speak about items en the agenda to give their names and the item numbers Nfs. Clariten, who would call them at the appropriate time. to Rev. Caml~beI1 commended the ~yer and Cemmeil for their service and wished everyone a Eerry Ghristmas. He was then excused to attend another meeting. If everyone was in agreement, Nm. Wallace ~e~uested that item VII. OLD BUSI~ESS. A. Co~sider Request of Howell, Kirby, Montgomery. et al - Re: ~Lr. Sherwee~ Jones - (Councilman Wallace) be move~ forward on the agenda immediately after Reseluti.ns. ~ere bei~g~ eDJ~e%ions~ the re~ues~ was granted, since ~ ~alIaee wisaed to leave early due te illness at home. MINUTES Regular City-Co.oil Neetin~ - Decemb~r..3~_!9?~ 7~ry Roberts ~rishe~ ~o correct the intent of ~he first item 'under AdminiStrative --Discuss Amending SeetieD~ i6, 52 & 56 of the Charter -- line 8 "and not j~st own property" should be stricken as it is incorrect and insert "for at least a year". Also in the last sentence because it refers back to that section, at the DECEMBER l?, 197~ MINUTES - REGULAR CITY COB/~CIL ~EETING BOYNTON BEACH, FLORIDA end cf the lime, add "...'to require residency ef one year as in section 16J" Harmenimg moved te accept the Mimutes of the Regular Neetir~ the City CeEcil of December 3, 1975 as correetedo Nr. Wallace seconded. No discussion. Motion earrie~ 5-C~ PUBLIC AUDIENCE Nr. Dam~ite, 1-19 N.E. 6th Avenue, Boymton Beach, wished the ~ity of Beyaten Beach a Nerry Christmas. As a eemeez~ed ¢itize~ he aske~ why the Public Service Employment A~t was refused by ~he City of Beymton Beach -- federal fmmding for eer~in classes ef jobs. Nr. Kehl sai~when tho City first reeeive~ i~formatiom regardLug this Act, it was stated that the City had te pay Social Security and Unemployment when letting certaim people go. Also 5~% of the empl,yees ha~ to be kep~. If 20 people were hired an~ IC had tc be kept smd there wereno f~nds available im the budget there wo~14 be a problem. Nr. Kohl felt that ~efore hiring anyone ~ would be b~ to hire someone an~ then let them ge in 8 months when they were doing e geed ~ob. ~tr,~ Kohl said he later spoke to Council, the matter was reecrmidered, he called the Comnty amd was advised tha~ this was no~ mvailable There was some ~isemssion as to the ae~al pr~visi~as ~e 2 ef this Act a~ Nr~ Kohl clarified that t~is was all cheeke~ out. He sai~ the matter wa~ later reconsidered beca~seNr. Thurs~en of the O ~nty said Umem~leyme~t dmd met Rave lo be paid~ however, it was tc~c late. Mayor DeLomg noted thatafterLak® ~orth took some action on this an~ %he funds were gra~ted, ~ey saw fit te eamcel it eut~ Nm. Sullivan, PersommeI Director, verifie~ir. Kohl's statements e ' above ar~ adde~ ~hat th Cmty is invelve~ in ~he federally funded L~.,.T.~ Program. He clarify.ed that ~his was a dif~eremt program than the "0~3~.' Program. Nr. ~rvin-~lover, t16 N,E. 1C~hAvenue, referred to comments and correspondence by Nr~ Kohl en this matter and said he was not eemcerned with ~he fact that the money wasn't available, but what was 'the ratiamale of the City of Boy~te~ Beach mot wanting tc take some of the CE!~ funds umder Title 2 so that some ef the unemplcymemt .could be defrayed. After some fmrther ~al discussion, ~ayor BeLong verified with ~r. Glover that he wa~ in a position te b~ inFiUe~tial i~ eotaiming some c~ the Funds im ~u~stien for th~ City since he claimed they were in fact available. He asked the Co,moil whether or net they wished t~ reconsider ebtaimimg the f~ds an4 if so, instruct the City Nama~er accordingly. Nr. Harmening felt it was met necessary te reeemsider as the Ci%~ Nanager had alrea~~ been imstrueted te proceed after the first reconsideration. After some further discussion, 5~r. Wallace moved to renew ~he application throngh the City Nanager with the assist~ance ef Nr. ~arvin Glover. Nr, Harmeni~g secer~ied. U~der - 2- NINUTES - REGULAR CITY COUNCIL MEETING DECENBER l?, 1974 BOYNTON BEACH, FLORI~A discussion, ~. Harmeni~g noted that the way it was left last time, the City was gei~g to ~ry to get attached to the program if there were a~y fumds available m~d he felt this action was redumdamt but would reaffirm the Ci~yts position. ~r. Kohl said he woul~ cheek with Nr, Thurstom tomorrow a~d Nr, Clover could also do so. Notion e~rie~ BIDS Spri~ter System for S.W. iST~Avenue Park Development Project Nr, Xehl said this item was ~bled at the December 3, 1974 Regular Ci~· ~ouncil ~eeting so that the mecessary pipe limes couldbe determ'.z~.ed by t~e Oi~yEz~.'i~eer. ~A~ot~er meeti~ ~s.hel~ by the T~o~atio~ Oo~e ~ ~ ~s ~e~e~e~ t~t the b~s submi~e~ will mo~ provide the ~eoess~ job due te~io~ diserep~etes. F~ther, they rec~e~ re-bi~d~g ~his project, ~. Ke~ cone~re~ wi~h ~he reco~e~ation ~d request$~ authori~a~iom from the Oi~ Oeumcil ~o proee~ ~ f~ ~ rebi~i~ bm~ sai~ he wo~ ~o lmke to see if ~e Ci~ ee~d do the work before re-b~. In dis- 'S Council's permm siom. ~. Wallace moved to take this item from the table, seconded by ~r. Earmenin§. Nc discussion. Eetiem carried 5-~. Nr, H~rmauimg moved to strike this item from T~e agenda, seceded by Nr, Esber~s. Umber ~iscuSsiom, Mr. Wallace wished te be certain that the 0it~Nanager be given permission to proceed with the dire~tio~ that he come back to Co~ucil with the information, it was clarified there would be another motio~ on that. ~oticn earrie~ 5-0. Nr. Harmenimg moved to instruct the City N~uager to proceed with City help tc imstall a sprinkler system for S.W. 15th Avenue Park Development Project. ~ Wallace seconded. U~er ~isoussion ~ Wallace wished te have ~he Ci~ N~er eeme back te Council wi~h all ~he cost ~o~tion. ~. Ko~ said ~e ~i~ ~ve ~o co~e Cask wi~h ~e pipi~ da-~a ~ ~ was s~eG ~s would no~ Lmttie League Bali Field Lighting System flor E,W. 15~h Avenue Park Development Project Nr. Kohl sai~ Dids om the above were opened on December 9, 1974 at 3:00 P.N, in the Office ef the Purchasing Agent. The ~bula- tien Committee reeommer~s awarding bid to the low bidder, Best ElectriC, Inc, of Boy~ton Beach for the alternate ~A" bid. The aIter~ate ~id ~ould allow use of PVC p~pe and copper wire for the i~stallatien. Best Electric, Inc. has stated on their bi~ that the "90 day comp. pe~tymet be applied due to current working comditions". The Building Department also concurs with the Tabulation Ocmmnit~tee. ~r. Kohl referred Council to the Tabulatio~ Sheet and Affidavit signed by,Ir. RObert L. $cheurer, 3 ~LNUTES - REGULAR CITY COUNCIL MEETING DECE~ER 17, 1974 BOYNTON BEACH, FLORIDA President cf Best Electric, lac, which was before them. Nenies for this project are available in Revenue Sharim~ Funds and FZ. Kohl ce~cmrred with the recommendations of the Tabulation Cea. mittee. E~-. Harmening moved to accept the recommendation of the Cit~ Na~ager for the Little League Ball Fiel~ Lightimg System for S. W. 15th Ave~e Park Development Project ~d gr~ the bi~ 2~ Best Electric, Inc. AIter~te 'A" im 2he ~eunt of $45,807.0G te be ~o~lete~ i~ 90 days. ~. S~ sece~e~. Ne discussion. Notion e~ried 5-0. PUBLIC ~ING None. 0rd~¢es --.2nd Res~i~ -~ ~BLIO HEARING None. Ordinances - 1st Readin~ Propose4 0rdina~ce ~e. 75-39 - Re: Adjmsti~g Appropriations for Fiscal Year Endir~ Seotem~er 3~, 19~o ~r. Simon read ~he above Ordinance Nc. 74-39 in its entirety on first reading. Nr. Harmening moved for the adoptio~ of Ordinance No. 7~-39 on first reading, se¢on~e~ by ~Lr. Roberts. Under discussion, Ha_~mening fel~ there should have been some totals noted -- both .~. the erm~al and the adjusted -- on page 5. Mr. Kohl noted there was a ~e~al of $~9,00~ and everything cleared out okay. Mrs. Clanton called the roll as fellows: C ou_ucilman Harmening Vice ~er Roberts C oumcilman S trmad C e~cilma~ Wallace ~ayor DeLe~g ~ye Aye Aye Aye Notion carried 5-0. Re~.plutie~s Proposed Resolution No. 74-~R - Re: OcmmmmityDeve!e~ment~r~ram Participation iR the above in its entirety. N~. Simon read Resolution Ne. ?4-RR Nr. Strnad moved for the adoption of Resolution Nc. ?~-RR, seeor~e~ oy ~ ~ailace~ Ne ~isoussien, ~s. Cla~en called the roll as fellCw~: Counc ilma~ Harmening - NIN~TES - REGULAR CITY COUNCIL ~EETLMG DECEMBER l?, B0¥NTON BEACH, FLORIDA Reso!mtien No. ?~-RR Vice Nay~r Roberts ~a~e ilmau Wallaoo Aye - Aye - Aye Aye Eotion oarrie4 ~. Wallace moved te s~spend ~he regular order ef business a~d move to Item VII - A ~der OLD BUSINESS. Nr. Roberts seea~ed. Ne discussion. Notion oarried 5-0, OLD BUSINESS Consider Request ef Howell, Kirby, Nontgemery, et al - Re: Sher~ed Jomes - (Cou~o~]m~Ferrest L. Wallace) See VerDatim ExeerDt Attached. Wallace was then excused from the meeting due to his wife's i]l~ess. Nm. Ha~mening moved to revert te the regular order ef business, seceded by Nr. Roberts. Ne 4iscussicn. Notion carried 5-0. Other Legml 0pinion - Re: Amxiliary Generators for Power Failures C~bhe.uses ...... Nr. Simon ~ with respec~ ~o ~he reques~ for a legal ~p~io~ wi~h reg~ t~ t~ autheri~ of the Oi~ ~re~u~e o~e~ ef ~ious ~lubhe~es ~ ~he Ci~ te L~tail some ~pe of au~lli~y system mhd/er ge~erater~ it was his opinion t~t eer~ sys~e~ ce~d be re~u~e~ if it c~ be she~ ~e be for ~he safe~ ~d we!f~e ef ~he ee~i~. He wasn't sure e~e~ly wha~ ~pe ef sys~e~ ~e propese~ ~d what emergent ma~es ~e ~velve~, bu~ if they ~e ef ~ emergemey na~e, he w~l~ s~ that they Ea,-er DeL~ag aske~ if the Fire Narshall was brought into ~his. ~. Kctul sai~ that he first ge~s ~he i~gal opinion.. Also, he spoke to Jack Barrett sad mext there will be a meetm~g with ~ll three of them. He h~ received Nr. Barrett's opinion a~d new he must get ~egether with the attoraey ~ad the F~ire NarshalL. N~y~r DeLomg wanted te be sure there was something on the books a~ the prime purpose here was for the necessary people to get together amd come ba~k with a reecmmen4atien. Legal 0p4~en - Re: Ame~di~q Secti. oms 16.~ ~2 m~ ~ o~ The Charter Nr. Simon no,ed that two of the sections in question deal with -- ~ -- VERBATIM EXCERPT OF MINUTES OF REGULAR CITY COUNCIL ~EETING OF TEE CITY OF BOYNTON BEACH, FLORIDA, HEID AT CITY HALL, TUESDAY, DE~ENBE~ 17, 197~. Vice Mayer EraeS~ Waltaee, Ce~eilman Callie Co~cilman Clerk , Coumcilman Na~er DeL~g, ~r:~ Kohl: Mayer DeLong: Mr. Mehok: Mayer DeLeng: Mr. Mehok: Mayor DeLemg: Mr. Nehok: Ma~er DeLong: The -- it's ~hat -- new er ~e proceed, da~ed and Are yom Mr. Mehck? Yes, I am. Will you step forward. Amd before you ~egin, let ~he Chair give you a tilt~le advice and a little instruction so tha~ we don'~ have to ~mle you out of order. Yes, Sir. N~mber one ~-"I have fmr~her imf~r~tion whieh lea4s mete believe that these ~iOns were made.by per~ons net in at either ofsaid meetings Ce~neil failed to afford Mr. Jones She oppert~aity to rebut these allegations and/er these ~erso~s making such "I he~e]~y he unders~gmed that Mr:,Jomes in this ~tter and f~ther ~.e- City caruso to be present at any amd all perseus asserting -1- /-lO(YELL, KIRBY, )fONTGOMERY D'AIUTO AND DEAN' ATTORNEYS AT LAW' ROCI<LEDGE {COCOAk FLORIDA 1290 Wed~rat H~kw~y ~. O. Box 1547 - Boca Ra%on 33432 Dec~mber 6, 1974 ['4r. Frank ~ohl," City Manager City of Boynton Beach P. O. Box 310 Bolrnto~ Beach, Florida 33435 ReM Sherwood Alexander Jones Midto~;n I4oto~s, Inc, . A~plication for Occupational Dear 14~. Kohl: License This ~s to advise ~hat the undersigned law firm represents Mr. Sherwood Alexander Jones in his efforts to obtain an occupational license from the City of Boynton Beach for the purposes of operat- ing a facility for the sale of used cars and trucks at 924 North Fe(teral ~ighway, Bolrnton Beach, Florida. . ~It is my understanalng..that the City Council rejected Mr. Jones' application at the council meeting held on September 17, 1974, and again at the council meeting held on October 15, 1974. It is further my understanding from copies of City correspondence which I have in my file, Rat said refusal to grant the occupational license was based upon certain unsubstantiated allegations made by third parties which appear to be libelous and slanderous in nature. I have further information which leads me to believe that these allegations were made by persons not in attendance at either of said meetings and that the City Council failed to afford Mr. Jones the opportunity to rebut these allegations and/or cross-examine those persons making said allegations. I hereb~ formally request that Mr. Jones and the undersigned be placed on the City Council's December 17, 19.74, agenda for the purposes of a rehearing in this matter and further request that the City cause to be present at said rehearing any and all persons asserting those allegations which caused the council to refuse issuance of an occupational license to Mr. Jones. such OOUNOIL ~EETING 2he Ce~ncil f a~ccul~a~mcma~ Nr. Meh~k~ I is - 2- I VF~HBATI~ EXCERPT ~ ~IN~EE 0k REGULAR CITY C0~NCIL ~zETING BOYNTON BEACH, F~0RIDA, DECEMBER 17, I~. Mr. ~ehok: in his epeni.ng i~veeatien, shoui~ be fairnes: feel ~ha2 were ~n ~the 2c each members. ifI haps the fac ~here fair the of ice ~eel ~o f~et per- SO VERBATI3~ EXCERP~ - NINUTES ~F REGULAR CITY 00UN¢I~ ~EETING BOTNTON BEACE~ ~LORIDAj DEGE~ER t?~ 19~$A the street, there's ene immediately ~sm~ ar to he~s ahan~eA~! I den~ kin~ Again, ahanee ha But make ~%u~ mu~ ~prefer a~ any All h~wants · a bus~ess He's ~one this op~io~ of ~his -- Hr~ Jenes' t~ ~k~te~er ~enewed. And ~ecause af c~ li%~Y · ~an have say at Wall, there's %~a wa~t tc~.make. net BQYNTON BEAOH, FLQRI~A, DEC~ER t~, i974. Myer DeLe~g: Nr. Simon ~ this eerree~? for , y~u mms~ ~ whether or ord,_nanee is mo~e or par~ of ~he is this ~or DeLo~g: Mr. Simon: Mayor DeLong: Mr. Nehek: N~3rer DeLo~g: ~elt, we interpre~ Yes. up~ eomsi~erat~m ef the various fasters imvotve~. N~mber~wo, i~ open~ the op~srtaai?y to Speak to Co.moil. Le~ me read to yom frem ~he Minutes of September the l?th ... out of ie~ me just say ~is with ~1 -- I have now ~he ~ ~he mee~ of .Sth, iff ~ 's ~he one you're ge~g ~e,where he was represe~te~ by I*m not talkimg abou~ October !Sth. sai~ tha~ he ~he Co. oil aud t present is en~ transpired, Lot - kaew wha~ exaetly Used Car Alexander Jones. da ~ to his letter for the agen- application at- seeended'~yN~. Wallaee. Mo~iom carried %-~. Mr, Harmenimg "Nr. Jones same fe~war~ a~d re~mested to $~eak a~ ~his matter and ,er- mi~e~ him ~o do Se ; of order. ~. ieng~h abou~ various ~iffic he*s h~ wm~h his VERBATIM EXCERPT - MINUTES OF REG~-LAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA, DECEMBER 17, 1974 Mayer DeLeng: (~ont'd) Mr~ Nehok: Mayor DeLeng ~ Nfo Mehek: Mayor DeLeng: Mr. Nehek: business in %he past amd ~ried te explain why he felt his request should be.gr~ted. Mayer beLong ex~la~ned tha~Oo~aoil ~ees net want tc approve the application ~ action has already been taken. He advmsed Mr. Jones that he could pursue the matter legally if he se ~ After same further disemssien, oath wished te recer~ member chose ~ot to ~ro J~es DeLe~g pulled see if tkey see (Above September 17~ 197~.) e 1~ ~f So you eam't say that Mr. Jones wasn't give~ a fair e~por~mni~y~ even after he addressed the Ceumeil, we ev~ gaFe ~he Ce~eil ~ ep~o~%~i~ ~e reee~ider ~ ~hey were~'~ ~ tha~ fr~e ef m~. Se I w~% %e correct %ha% e~or ~% %he ~ w~'% give~ ~ oP~er%m~i~ %e Well, agaim, he was certainly given an opportunity to be heard, N~, Mayer -- and I still feel that somehow y~u were offended at my letter am~ I de~tt want to leave you wi~h that impression. I'm ~ot offended at your le~er, but we are pretty good at interpreting things and I thimk that we, even though we may be classi- fied as curbstone law,ers, we hav~ a little experience im this business also. Well, I'm a curbstone councilman, so I guess it doesn't make much ~ifference. Again, my only concern was that he wasn't afforded opportunity prier te your initial action -- you knew, whether i~,s usually ~ublic dis- emssio~ or a person has the o~portunity to make his own presentation. And there are allegations being made agains~ him and these are very seriouS in natu~.e, these ~llegations, because they did resul~ in your failure to give him an eceupati~nal license. Is your client here? Do you also wish him to address the 0ouncil? If he so ... and again, Mr, Mayor, I don't -6- VERBATIM EXC~.ERPT - ~{L~UTES 0F REGULAR CITY COUNCIL ,V~ETING BOYNTON BE~CH, FLORIB~, DECEMBER 17, 19~. ~r. Nehok~ (Cont"~) w~n~ to be out of order and I hope that you don't have any preconceived notions. ~ranooripts ,, r~ayor DeLong: You don't want to put your client om the Mr. Mehok: At this ~ime if Mr. Jones -- if he doesn't feel like ~make another if yom so desire. De you wishto do that? Mr. Yes, Sir. ~ayor DeLong: I wish you'd please advise him that · you ~o~'~ ge on ~ 'on and ~; We've h~ some experience wi~h this. Nm. Nehok: All ~ight, Mr. Jones, weoask that you met get into amy ir=elevamt matters. Just make your presentation amd make it brief. Thank ycu, ~Lr. Nayer. Ns~ycr DeLeng: ~ill you be there to take him im, tew when Mr. Nehok: He's p~ying me by the hour, so he's anxious te ge~ out of here. Jones: I?m oou~ting the time. ~ayor DeLon~: Mr. Jones: You have to do a let of .... Seriously, council, I peg your indulgence for the third chance in this Council, but I'm gettin~ te knew the Ci%/7 Hall very well, and I de ~amt to go on record that Defere I instigated approximately8 me~ths ago -- I called Chief Hud~leston of the B~ynten Beach Police Department -- an4 I would like to go on record tha~ he is a very fine gentleman. He assured me that the crime ratio in Beynton Beach on U.S. 1 north an~ south was being pa~reled approxi- mately every hour, and that they're only bothered By hear2 vandalism, namely children breaking into homes.' At this .~.. also, Chief Hud~leston assured me that he woul~ net call back the City of Delray'Beach P~liee Department an~ cause any embarraSsment while my lease imDelray Beach was still going en -- an~ ~ha~ with this assurance, ? - VERBATIN EXCEJ~PT - NINUTES OF REGULAR CITY COUNCIL ~N~V~T!NG BOYNTON~ BEACH, FLORIDA, DECEMBER t?, i97~. I then started megetia%iens wi~h the Dolam Corperatio~ te see if I could ~his lamd which I ~heught, A ~r. Nehek: 'which I had %his time. with~. busy his office I was at tell what ~IS ~ Mr. ask ... you.dcm'% ... Nayor DeLong: Nr. Nehek: IW_r. J~es: t~at were made by of Delr~ Beach aremallelous.,' ' an~ they are false, ar~ t go t~is extent. N~. Attorney, will you kindly t.a~.e your cIfent i~ tow ~eeause we're get%ir~far afield. It's mot a ce~Lrt of law. ~. Jones, stick te the ~resen%ation of your geed points a~ %he ~ther matters can resolve later. Well, gentlemem, im effect, I want to Buy a home in Boynten Beach. I want to Duy another bus~ess in Bey~to~ B~aeh, along with %his business in Beym~$~ Beach, and I wam~ to live in peace an~ harmony im Bey~%~Beae~h ~ ~e a liv~ in Boynton Beach ~or~.mo%her ~d ~ ~au~h~er ~d ~self. Th~% in essence is the en~ re, on I'm here %~migh%. I have a lic~e for VFJtBATI~ EXCERPT - ~INUTES 0F REGULAR CITY COUNCIL ~EETING BOTNTON BEACH, FLORIDA, DECEMBER t?, (Cent Mayer De-,~.e~: Mayer DeLcmg: Mr. Wallace ~ayor DeLong Mr · Strma~: ~ayor DeLe~g: ~r. Roberts: Mayer DeLemg: Mr. Harmemimg: Mayer DeLomg: Mr. Harmeni~g: storage ef 35 car~. I've applied for a a tisemse this merging for the sale cf mew amd used trailers om that ~o~er~ I woml~ i~ te ~e ~a~t~ ~he ~cupa~ienat Iie~se for ~s tec~iem ~er ~he merits tha~ I feel tha~ I'm jus~ qm~ifie~ for ·his ~e of opera, ism ~ I Delieve ~he proper~ ~ Deem ma~a~ed By ~ well ~ ~e ~e sa~isfae~ie~ of ~he people e~ the 1~. ~a~ ... if t~ere ~ ~ ~me ~m~ ~ the Ce~il we~ like ~e ask ~, I'~ ~e m~e th~ hap~ te ~wer Tha~ yea for your defez~e of yourself. Tha%'s it. Thamk you, Sir, Oemtlemen: yeE have heard the statememts from the a~er~ey amd also from Nr. Jones a~d also the request. What is your pleasure? NLr. N~yer, I move at this time that the license be grs~ted. It has been moved that the license be gramted. Is there a second to that motion? Is there a secem~ to that motion? Is there a second te the motiom? The Chair will have to declare the motion dies for lack of a seoomd. Gemtlemem, what is the pleasure? Mr. Mayor, I new move that the application for this lieemse be ~enie~. Seoom~ to that motion? I'll second. It has been moved amd seconded that the application for ~r. Jomes for use~ car lot be denied. Discussion o~ the motion. ~r. ~ayor ... Chair recognizes Councilman Earmenimg. This so-calle~ applieatiem that we're referring to here i~ our last motiomhas Deem denied at least twice amd I really see me reason tc just deny it again. We dem't meed te ... I dom't believe we need VERBATIN EXCERPT - NI~-GTES 0F REGULAR CITY COUNCIL N~.~TINC BOYNTON BEACH, FLORIDA, DECE~BER l?, 1~74. Nr. Harme~Lng: (Cent'S) Naycr DeLong: Nr~ Simon: Nayer DeLeng: Nr. Simen: Wallace: Nayor DeLc~g Wallace: any ad4itienal action. And in additiem te that, I really feel that this City defLuitely 4cos met mee~ amy mere used car lets in a~y location. Nr. H~rme~img, let me inject here a minute now. As a point ef tmfermaticm from the a~er~y -- the Cha~ Delieves ~ha~ it ~ees t~e a metiom te either, either de~ er ~eJect ena request ~4 in ~ew ef ~he fae~ ~t ~e~h ~he att~y ~ the applie~t were pe~t~ to s~te ~ae~ e~e, i.~ ~e$~ er ap~e~ ~e ~he C~ir ~ some def~mi~mve aetiem~s~ ~e ~en. Is ~t sorest? The previoms action ef this Council om earlier meetimgs was to ~eny the applicati~u. At the ~ime the applicatien~was denie~ in 0etcher -- I think it was 0etober 15 -- this COuncil s~ated its reasems for ~emying the applicati~ an~ voted tc ~emy it. Tonight yen have been asked to reconsider that decision. It is net a new applisation, it's s~ply a re~uest in essence tc reeem- sider a previous action ef this Oe~¢il~ sc that the most appropriate aeticm ef this Oouneil wo~ul~ ~e to ~eeide whether er mot tc reconsider its previous a~tien. All right, the motion then is to either approve or ~emy reconsideration. The motion is whether~mr not to reconsider the previo~ demial of the ayplication. Point of order. Chair recogmimes Ceuncilm~ Wallace. I~asmuch as this Cemneil in the begim~i~g agreed te ac~ at Council meeti~s by Robert's ~ules of Order, the only time that a reconsideration would come about womld be dmring a meeting of that particular Cemnoil. Any time that a motion is breught mp at s~c~her time er at a~other mee~img, at least the way tha~ I read R~bert's Rules cf Order, it is cc~sidere~ as a mew astiem; me~withsT~i~g the fact that the request -- an~ one of the reasems that I staye~ here this eve~img for this, inasmuch as there were ether ramifiea~ioms that have been brought up as far as this particular mo~ie~ -- a~d I thi~k that it behoeves the Oeumcil ~asmuch as a me~er of Ceumeil has made - l0 - VERBATIN EXCERPT - MINUTES OF P~EGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA, DECEMBER l?, 197~. ~ro Wallace: Mayer DeLo~g: Mr. Roberts Mayor D eLo~g Nr. Roberts ~he reqmest, that it be voted em and let the record shew what that vote stamds for, amd it net be considered as a reconsidera- tion -- Decausm if you take as a reeomsidera- tieR, yom're going ether words, you,re gsimg ~e s~ar~ setting a precedent tha~ ~v time t~a~ a~y member of Cemncil has a decision te m~ke er if ~he~e is e~er ~f~tien ~t is brecht before this Cem~eil, sim~ypepp~ gavel ~ ~e ~ivi~ ~e~ a~le pep ~ gavel, ~hem yem'~e giving f~l ef ~e Ceumeil. ~ ~his is ems ef ~he ~ease~ ~ha~ I spe~iea~y~ke~ for · e ~e ve~e~ upon. All right, let the Chair in~eet a~d relative te what Mr. Wallace has just advised the Council -- laser mightI Rules of Or,er m~der ReceD~ideration from page 156 to 168, a te~al ef 12 pages -- that particular seotie~ imsofar as reconsideration, insofar as I amaDle te ascertaim or i~erpret is very eenflictimg amd ambiguems a~ has Deem a~ep~ed for large -- from reading verDia~e i~ the pr~vis ic~ fo~ reconsideration. has been a~ep~ed for large legislative groups such as State legislatures and also the Cemgress ef ~he U~S.A. Now if yom will rea~ Reeemsidera~ien Sherou~hly,~ in ore portion of Reeemsidera~ien it says that re- comsiderati~ cam De made, I believe, up -~util six dmys of a~jeur~ment e£ the Congress. And in another sec~Zem, it says that recon- sideration of a motion cam be ma~e a~ amy time .by 9 s~a~ing committee. So, we have a eenflmetmon~ here. N~w, t myself interpret~ ~his as b~ing sort ef iambiguoms,.¢onflicting a~d not pertaining t~ a body such as this, wo~ld more or less De in agreement to ge ahead in crier that there will ~e no comeback on it, ne flack, te go ahea~ m~d let the me, ion staRa as it was an~ either le~ it fall or die o~ whether you're Eo~ to approve er reject. Yes, the Ghair recognizes the Vice Nayer. Perhaps, perhaps I cam through a little ~estion here to ~lear it up. I don't want te si~ here all Right and then wi~ up in the court as to whether I was right er wrong ll , VERBATII~ EXCERPT - NINUTES OF REGULAR OITT COUNCIL ~TING BOYNTON BEACH, ?~RID~, DECEMBER 17, 1974. Nr. Roberts: Mayer DeLe~g: ~ayor DeLeing z Nr. ReDerts: Nayor BeLong ~. Roberts Nayer DeLong; Nrc Roberts ~ayor DeLo~g Mr. Roberts Hayer DeLemg Nr. Harme~img: Nr. E~berts ~ayer DeLo~g: ~r. Strnad: Mr. Roberts: ~ayer DeLeing: as far as parliamentary procedure is eon- I t~ we sheul~ keep away from She parliamentary preee ~ar~ e a~le~ That's wha~ t ha~ in ~ a~ perhaps we could move te reaffirm e~r previous aeries. Woul~ that be i~ er~er -- amd imstead ef ... Yes, ~ Woul~ ~ in or~er for ~he benefit whatever reasons y~m eemsi~er tozzight -- ~ reaffirming yemr previems pesi$iem. I would, I would ... All right, will the.move~, ef the ... the seconder ef ~he mo~ien withdraw the sece~ a~ the meyer withdraw ~he motion a~d we'll make a mew metiem. I withdraw it a~ have it repkrase~ that, to move %hat the Council reaffirm their previeus~ ac?ion iR ~emyimg the ... ef September? Whatever date it was. ... of September SubstitmtLug the da~-s ... correct days. Will ~he motion be to that ... All right with you, Norma~? Who seeen4ed? Nerms~ seconded the original. He made the motie~. He made the motion to demy it. So it's been meve~ and seeonde~, right? So the motion womld be that the Council -- we reaffirm emr previous a~ti~ a~d so forth. Do you wan~ te confirm er ratify? - 12 - VERBATIM EXCERPT - MINUTES OF ~EGULAR CITY COUNCIL I~ET!NG B©YNTON BEACH, FLORIDA, DECEMBER l?, 1974, Mayer BeLong Roberts ~ayor DeLeng Nfs. Cla~%cn: ~ayor DeLeng: END VERBATIM PORTION. Reaffirm our previous aetiom. I'll have the dates .~. It has been moved amd seeemde~ that Council will affirm previous aetiom ef the regular Oi~y Coum¢il meeting of September 17, t97~, ¢o~siderimg appliea~iem for used ear a~d truek let ~yNr. Sherwood by ~e~yimg a~ the metie~ 15th, for this ~-1. the ap~lieatiem Je~es Dy a ve~e ef ·.. Did y~u say ... (reeer~ eha~geA) Is there a~y disemssiem em the motion? We're going te h~ve a roll call vote om t~s. Will the ¢ierk k~wA~ly e~I1 the relt. CoumeilmamHarmeming~ Aye Vise Mayer ReDerts: Aye Oo~neil~Str~ad: Aye Ceumcilmam~allaee: Ne ~ayer DeLong: ... The Mayer is going to vote Aye But is going to ~ualify his v~e.-- Om 0etcher 15, 1~74 and I wa~t thms mm the reeor~ -- "Mayer DeLomg said for mamy years he has beem a StTomg advocate wherever there was a used car let, the ~ermit emlyweuld be grauted if it was umder sever. He felt there was ne ~ee~ for a ~omm~uityAppearamce Bear~ ir ~he City was te continue with a hemky tonk atmosphere. Mayer DeLeng felt this would constitute a~ objectionable muis~ee and is ~etrimemtal te the general welfare of the cemmmmity," (~uote~ from 0etober 15th mimutes.) The vote has carried to reaffirm the previous aetiens of the 0¢~meil in ~enyim~ this permit for a msed ear lot sf Mr. Jones by a veto ef 4-1. Stamds adopted. - 13 - Respectfully submitted, Stenographer, 12/23/?~ N~ - REGNI~R CITY COUNCIL MEETING DECF~BER 17, 1974 BOYNTON BEACH, FLORIDA Gua!ifications of candidates, and the third deals with the section in the 0hatter providing for executive sessions of Council which were am obvious violation cf the Sumshine law, 0erta~ Sectio~ 56 e~h~ to be revise~ ~ ~ende~ te eli~na~e ~er~¢~ ~e ex~ive ~e~si~s~ ~ith reg~ te Sectie~ t6 ~ 52 which ~eth eme~mp~s ~he s~e ~uesti~ of ~. E~em re~ueste~ a little mere ~e te review ~he effects of ~he Fe~ ease la~ as ~hey re~e to BeLong said when he the Char~er Revisiem in ~he ~ Nr. Sime~ eoml~ get a eepy ef the rmlimg. Tke federal govermment outlawed this. Nr. R? er~s samd he based the ~equsst om ~he i~act t~at it was ~efinitely fomm~ te be ~ce~ti~ie~ became ef l~ f~ee held. He wishe~ to ~ve i~ remev~ ~eca~e it was femnd tc be u~co~ti~A~iom~ ~.~~o~ msm~ie~. In this c~e i~ ~s ~e~ ~fect ~e ~f~refietee~ic~ ~h~ch c~e~ ~e ~e~e ~ithe~t a ~fer~. He felt i~ ~s metre mere th~ jus~ l~it. The time limit ms one ef t~ t~gs tha~ isn t that ~ter some f~urthsr diseussion~ ~r. Simon said.he has ~atNr. berts has mm mi~ bu~ the tmm$ element requmre~ a bmr more study. Nr, Roberts sam~ when Nr. Simon gets to ~t, he would appreciate am ordima~ce. Simon then introduced his new assoeiate~ Nr. RoDert Fe~erspiel, a recent graduate of the University of Florida Law School. Before going to law school, he was a~ employee of the ~i~y of Boy.ten Beach. OLD BUSINESS (Cont'd) Re~uest by Vice M~Ter Dayi~ Ro~erts Nr. Roberts wamte~ tc repeat his previous request that people submit their mames and a brief resume for any bear~s they wish to serve on as there was some question as being able to serve. There has been some response am~ some excellent prospects who are waiting to be checked eut te see if the~ are registered voters in the City ~efere submission te Council. He w~ndered if the City Clerk could supply atteadamoe re~ords of the past beards to have something to go on. BUSINESS Co.sider the Following Appeim~ments for Jamuary 6, Oi~ ,~euneil Meetly: (Vice Na~r David Roberts) 1~75 - Regular ~mmicipal Judge ~, Judge A~ Litem City Attcrmey ?. City Boar~& Committees City Prosecutor City Prosecutor Ad Litem PuDlie Defe~er NiNUTES - REGULAR CIT~ COUNCIL N~EETING BOYNTON BEACH, FLORIDA DECEMBER l?, Nr. Reberts said this particular item was based on thei~procedure last year which the Nayer LustiSmted an~ Mr. Reberts felt it was a geed ~dea to get all these ~ames tegether amd possibly have a me.et~g seme .time in December with.ira a few after Ckr~s~mas to dmsemss the matter. This wemld avoid takimg ~ime at the first .regular meetimg. .Nr. Roberts suggested the ~a~urdaY after Ohrist~ as a .tentatmve ~te amd said he cheek With each member before T~ae meeting. ADNINIS TRATIVE ~e~ider Cha~ge Order Ne, 2 -.Wells, Nos, Nr. Kehl read Nr, Jee C. Swan's letter ef Russell & Axon dated December ~, 1975 re the a~ve ~ w~eh he s~ate4 the Presi4ent ef Aisc-Pippin ~i~ate~ agree~n~ te ne ~i~ie~l ces~ for cha~g well leeatie~, bmr re~ueste~ a ~% ~la~ie~ ~ncrease en all i~e~ ~e~ cevere~ ~y ~ier p~ch~e ~ pai~ fer as "~terial stere~". (Twe elai~ f~r materi~ s~e~ am~ appreve~ by Ceunoil e~u~s $29,36~.59). ~is increase we~ cever price spir~ in laber, m~teri~, ~d e~uiDmemt for a ?-menth peri,~ ~ see~ a very fair claim. ~is hms bee~ ~iseusse~ with am~ ee~c~remce eb~a~e~ frem ~e Ci~ Engimeer. ~. S~ rece~en~e~ appre~l ~f t~s e~e crier. ~. Ke~ sai~ there ~ ~e ~ ~reeme~t w~ch the N~er w~he~ ~ have ~e a ~er ef public recerd. Nayer DeLetE ~ote~ that the recemmendaticn is frem Russell & Axon and i~ was clarified ~hat the City Namager goes ale~g with same inasmuch as there is i~flatie~. Representatives of R&A were present if Coumcil had ~ ~mestiens. ~.r. Roberts asked if there was a tur~ about amd prices go dewn, d~es the City get a Dreak en the eemtract. Nr. Kohl said that re the e~tire matter ef the wells, ne one k~ew that the' FCD would ~ake all t~.~ time te give the City permits. Nayer DeLemg ¢larifie~ that the figure ef $29,366.5~ abeve enly cevered the material a~d that storage was supplied as previeusly arranged. He wa~ted tc be sure that the City was~'~ paying for sterage when in the c~tr~et it specified that the eentracter was te pay for storage. Mr. Kehl eencurred. Nr~ Kehl them read the ~Agreememt entitle~ "Project Ne. 6858-6 Wells Nes. 12, 13 and 1~, Supplemental Agreement, Change ~rder Ne. 2~ dated December l?, 1~?~, Nr. Strmad moved to fellew the ree~m~endatiens ef the censulti~g e~Eineers, Russell & Axen, as appreved by the City ~anager re the abeve, seceded by ~. P~rmeming. Ne discussion. Netien carried Receipt of Cerrespon~ence from Umiversity of Fterida - Re: Yellewi~K Disease .e~Palm Trees Lethal Mr. Kekl referred te eorres~en~ence ~efere Ce~ucil regarding the abeve. He a~vise~ that ~reparatie~s have ~een made te immediately -- ? MINUTES - REGU~,AR CITY ~OUNCIL NEETINC~. DEGE~BER 17, 197~ BOYNTON BEACH, FI~EIDA begin the terramycin inoculations of every palm tree owned by the ¢it~y, as enough was purchased te take care of 3,60e palm trees ~m~e~iatety, Further, the Oity plans te offer this service te all residents ef ~he community wh~ desire this treatment for ~heir praper~y a~ a charge ef E~ per ~ree for each in order te combat the centinue~ sprea~ ~f le~hal yellowing. The inoculations for the City. ,owned ~rees amd the time schedule was explained amd Mr. Kohl noted it will be the of the prepert~ owner te p,mrchase additional ~eemtatie~s as they are ne~ed for their privately owned ~rees. Mr, Eeht asked for the cooperation of the mews m~dia to apprise the residents ef the facts a~d make ever~ effort te oemtinue the publicity, as it is the hope that residents will take va~ge ef ~the availability of the terramyci~ te ~re~eet ~heir ?w~ trees so t.hat ~he Oi.~'s ~eautifioati~n eff~r~ Will not be most due ~e thms fatal disease. Mr. Kekl ~ permission te proceed with the ineeulatiems and to a . . . se ,e~ a~ dmi~stratmve basis u~til the remissi~a of TJae lethal ye~!ewing ~ Bee~ aceemplished. If Ceu~eil approves, ~roee~ure~ weul~ be · mme~i~tety established fer the the residents amd designate the leoatie~ wh~re ~ese shots. ~r. Kohl ~ded that he reeeive~ a c~all from a commercial ~ursery ~d ~ey ~e ~a~s~ the s~a~ements as em~l~e~ im his letter since the~ ~e ~ te ~o~ ~ms~ass ee~ercially. He asked for ~e~eil's ~ireetiem. Mayor DeLemg me~e~ ~hese were ~ ~imes ~d f~cal restra~ ~ te Be ~ ~e consideration. The N~er sai~ ~ha~ ~ee~ Ri~e has bee~ e~er~ ~ sene ef ~he ~i~'s trees om the beae~. ~s~, ~he N~er fel~ t~ public sho~ be w~ed ~a2 whe~ this ~eetiem is put ima ~ree, the eoeo~m~s ~e poisoned w~ch c~ be ~er~ te ~yome eati~ them. He fel~ ~his ma~ter she~ De pmDlieize~m. Nrc ~armeni~g agreed, adding that he wasn't aware cf this fact although there's been much publicity in the newspapers aBoUt the disease itself, but nome about the damger te the public, Mr, Kohl said in a~diti~n te what cam be read on the bottle of terramycin, the U.S. Departmemt of Agriculture i~Niami has state~ tha~ these shots are poisonous to the cocoanuts, The press corps was then called ~ack into the meeting so they coul~ be made aware ef this, ~mJ R~erts commented on t.he low fee of 25¢ for the residemts ~d ~ Kohl meted that it is jmst for the terramycin, b~t the oitisens have te de the inoculating themselves. Mr. Strnad moved to accept the recommendation of ~he Ci~y Manager ~er the purchase ef the terramyeim a~ designate the locaticm where ~hese shots can be eb~aimed by the public. ~r. Harmenimg seconded. Under ~isc~ssie~, Mr. Strmad felt if the public could be supplied with the terramyeim at 25~ each~ they might be encouraged te continue the program every 3-~ months, It was clarified that Mr, Kohl ~euld like te have this available for all residents at all times. The remission ef lethal yellowing REGULAR ~iTY- COUNCIL ~ETtNG DEGE~BER 17, may continue fsr years. The trees might also become immune ts terramvcin an4 something else may have te be used. The press was them re~mested ~o publieize the preblem ef the psisono~s eocea~mts a~d there were some comments a~eut an article im one ef the newspapers em the subject by e~e of the reporters. Kohl said there will be printed ~tructiens with every emvelepe given out in the City. Nr~ Harmemimg asked if amy stmdy has beemma~e as to the number ef palm trees in the 0i~y. Nr. Kohl sai~ that ~u aerial photo- g~Dh ef the trees ~y ~e U.S. Agriemlt~e ~e ~ees i~ ~e~ea were fe~ ~ ~ay. ~ ~men~ w~he~ te ~ow ~he to+~ n~ber ef palm ~ees ~ ~he Ci~ l~its labor, %rueks~ ~rills, etc. ~Lr. Ha-~meni~gmote4 that Palm Beach w~ ~t~g e~ tree the~ ~d he wond~e~ w~t ~he eos~ wout~ ~e te de this. ~. Kohl sai~ $35,~00 te $~,00~. weul~ be the cos~ f~ a ye~. Notion earrie~ ~-O. for Trsmsfer of Funds...fer Professional Fees ~Sr. Kohl referre~ to a statement Before Couaoil receive~ from Nmam~.%i Howell, Smith & Chase, Atteraeys at Law ia the Amount ef $1,8~6,35 for Attorney Fees e~ the Slur~g Seal Case. Inasmuch as ne f~ were provided for addi%i~m~ pr~fessional fees in t~e ~ew ~u~get, i~ is neeess~y t~ ~hese f~ be tr~sfe~ed from Cen~i~ge~ so tha~ the bill ~ ~e pai~ ~ this law fi~ ~Waee, ~exas. ~. Ko~ reGueste~ apprev~ ef t~s ~r~fer ef f~, ~ i~iea~e~ e~ ~he a~tached tr~sfer of f~4s fo~ whi~ ~ before Council. ~. Ke~ ~se ~ for ~. Simon te bri~ Oe~cil~%p te date em ~ h~ ~p~e~ in ad~itien for this month. ~ayer De. Long note~ that the truck was to cost approximately $10,~00 w~¢h is still ~eimg carried. F~. Simom referred to the latest oz~er entered by the District Fed. Oe~rt iR Texas which Ce%moil ha~ received. Slmrry Seal is still trying te bring the City ef Boynten Beach into the jurisdicti~en sf the sourt out there an4 thus far they have been musuceessful because the law firm representing Be2~ton Beach ia Wa¢o has succeeded in persuading the ¢our~ that e~ke~v have ~ot perfecte~ their service. Now they have attempte~ %~ serve through the Secretary ef State's office which will be ~he next issue. Mr. Kohl just ~eeently referred the most recent service which Mr. Simsn trausferre~ te the attorneys in Wats, Texas and they will file appropriate piea~ing~im opposition to that attempt for service. -9- t~INUTES - REGDt~ CITY_ COUNCIL ~EETING BOYNTON BEAOH, FLORIDA DEOE~BEE 17, ~r. Roberts asked if the U.S. District Court kick~it out and ~r. Simon said i~ kicks out w~ ~ bee~ d~e to ~ha~ ~ei~. New Sl~ Seal is ~i~ ~e~he~ ap~aeh. It ~ felt ~t they weul~ ~t ~ te sue the Oily ~ ~e Sta~e ef _lerz~a.w · Nr. Harmeni~g mcve~ to gra~t the City N~er~s request for ?ra~sfer ef funds te PaY the attermey's fees abeveme~tioned in the amount cf $1,026,351 seconded by ~r. Roberts. Ne disemssiom. Notion carried Regmes~ Autherimatiem ~o Ge O,ut.. for Bi~ on Life ~r.: K~l referre~ ~e five copies of the Life Guard Facility at the beach ~¢h were before C~uncil. The Engineering Depar~memt ~ ~i~ a pl~ p~ fief the loe~tiem. The e~t is es,t~a~ed · o b~~ ~ ~he r~e ef $9,5~0 t, $!8,58~ for ee~trmetie~ ef this faeili~. ~ Kohl re~mes~ Co,oil's mppre~l te g~ out for bi~ ~n t~s faeili~. ~tr. Strm~ moved ~ gr~i ~he request ef the ~i~y N~ager to ge emt for ~i~ em the fae~i~ ef the life g~ e~s.er~i~m ~ f~s~ aid sta~io~ ~ ~he beach, seee~e~ by ~. Ro~er~. No ~isemssi~n, ether ~ i~ ~ cl~ifie~ t~t these pi~s were ~ra~ up by ~e Oil's EngineeriRg Dep~. Netiem e~ried 5-0. Cq~si~er Chris~mas Bemus for Cit~ Emple~vees ~. Kohl noted that there has been a Ohristmas bonus for City employees in previous years amd he asked for Cem~cil's direction ~B~is year and fumds were available. Nr. Roberts suggested an increase ef 50% over last year, er $!5,00. Nr. Harmening suggested $20.00. Mr. S~d wishe~ te knew the procedure being fel!ewe~ i~ ether cities a~d it was n~ted there would be me time te m~ke a st~mdy in time for thisj~year. ~r. Str~d felt that $!o.00 should be given as last year. ~. Harme~ moved that $20.00 be give~ to t~ City's employees as a O~is~ bomus with ~e ~clusi~ ~t the Oi~ ~ager be ~s~e~e~ te get ~ ~a~a available regar~i~ the pa~ent ef b~n~ses by a~j~ac~ munieip~ities so tha~ a comp~ison coul~ be ~e~ ~t ~u~e~ ~ime. ~. Roberts seeem~e~. No ~iscussion other t~ ~. H~e~, who w~e~ to be sure no ~educ~ie~ were ~e from the bonm~ ~e~t. Netie~ c~ried ~-0. Comsider Resotutiem R.ecemmended by Hough & O.gmpa~ I~; Kohl meted that ~essrs. Startzman amd Shepar~were in the audience amd he re~uestedMr~ Shepard te eeme forward an~ make his.preSentation. It was meted that Council had all reeeive~ cepmes ef the proposal in question. ~Tr. Alfred C. Shepard, Part~er of William R. Hough & Ce., came forward.stating that he had with him a !4-page financing pl~u suggesting ~he authorization efa ~6,500,0~0~00 amount of w~ter am~ sewer revenue bends an~ he proceeded to rea~ a pertiom cf the proposal. - l0 - , NLMU~ES -REGUL^R CITY O~UN~IL ~EETINC- DECEHBER l?, 1974 BOYNT~N BEACH, FLORiDA Hr. Shepard no~d that a great deal of work has gone into the joint agreement between Boynton and Delray and there is a great deal of ~ribute due those who have worke~ very hard on it. Seotion 3 is being reviewed by the City Attorney of Delray Beach and he is coming up with some proposed new language for the oonsideration of Nm. Simon an~ beth eities. He added th,a,t.it w~s very in this jeimt agreement tha% each ef the oitles de net inadvertently %~z~y to give ~ some thLngs that they e~e~ legally give aw~y, ~r, in the proposal the details ef the he ha~ set forth a propose~ maturity sohedule which would be done after sizing the amount to make i~ to w~t the construction needs are at ~e par,~ieular have provisions bee~ set forth for ~fae ~a~s whioh are for. that ~e rest ef the deemment sets ,~ bo~s -- general water amdSewer mmp~eveme~s and the~ee~s~rue~ion ef the cities' ~n~ivided share ef the joint s~ treatment fa~ilii-y i~ aeeer~ance with the s~ of Russell & Axon. After briefly reviewing the remainder ef the proposal, N~. Shepard a~ded that he feels i~'s important for ~he City ef Be~tom Beaeh ~i~a~, i~s pestle ~ te~ of i~ ~ abi!i~ to c~ ~ut ~ ~eemeni whie~ it in i~ ju~eni enters into with eini f~, All p~ies e~e~ed Ln the S~aie ~d Feder~ ~enci~ in ~ a~osph~e thai both ~: ~ be~n re~ehe~ beseem t~ ~wo ei~ies, sai~ he di~ discuss this with ~, Simon l~i ni~t ~ve the privilege ef seeing this ~ec~ent before the memting. The Nayor felt Nr. Simon would have te review this and Mr. Shepard stated that the emly action re~mire~ n~w was te receive the report an~ the giving ef Council's as~aranee ~ ~he mat-~er was preoeeding in the right marn~er. The Nayer ~h~n clarified with Nr. $~artzmau that he was fully aequainted with the proposal in ~uestion. ~Ym. Roberts aske~ if the $6.5 million bond issme would g~ out for the ~etal amount to be use~ as needed. ~ She~ar~ said the report reeo~en~s au~h~riza~ie~ ef $6.5 ~ltio~ ~re~h a co~t proeed~e. The b~n~s weul~ be sold from t~e to t~e i~ amoun~ which he ~iea~ed ~ ~he proposal, ~. S~epar~ fel~ the ~6,5 ~llie~ rela~ed to appre~ely a 2 to ~,ye~ ~erme~.. ~. Re~er~s aske~ if there weul~ be apprexi~tely ~2~ ~lli~ a~ble wm~eut ~ incre~e immeaia~y in the sewer ~ wa~er ra~s ~ ~. Shep~d sai~ t~t ~s his estate. Noting that this ,uroposal related to Resolution 64-FF, Nayor DeLeng asked if there was any possibility that there could he an amendment into this partieu!ar resolution whereby where these revenues come in, instead of the Cit~y sending them to Atlantic for them to invest -- after they get a eertaim amount ef profit en the investment, they return it %o the City -- the City eeuld invest the money originally in order to get the full benefit of the return en investment, ~yor - ll - NINUTES - EEGNLAR CITY B©¥NTON BEAOH, FLORIDA COUNCIL ~.~ETINC DECED~BER l?, 1974 DeLonE asked Mr. Shepar~ to cheek the matter cut with the Finance Director a~d the ~i~yAtterney te see if sza amendment eeul~ be whereby s~ benefits from the funds that ~re i~vested weuI~ be returne~ whot~¥ to t~e ~ity ef Boy~ton Beach. N~. Str~a~ moved te instruct the Cit~'s fiscal ao~ent~, William R. Hough &~Oe~, te preeee~ wi~ the ~e~ g pl~ z the $6~588,080, Ci~ of B~tem Beach, Florida, P~ Beach Sewer Revem~ Be~, Series 1975 ~e ~alle~ . H~en~ see~e~ ~ Ne Delray Art Fe~ation, Inc. Ne~ let S. 1~ cf Delray the Nari~a received a letter cam work cut of their empty Nr. Kohl r~¢emmende~ approval. ~r. Kohl ~ote~ that the item re Jay Co Kaye Emterprises has bee~ ~elete~. ~. Harmening moved to accept the City Namer's reeommez~atien te approve an application for promoting art shews s~ sales for Delray Ar~ Femn~ti~n~ I~¢. ~. Strma~ se¢o~de~. Ne diseussi~m. Netiom carried~-0. At the request ef Jay C. Km~ it was meve~ by ~. ~ ~let~ ~hls item from the agenda, secemde~ by Mr. Strnad. Ne discussion, Nctio~ carrie~ ~-0. A~pr~v,at q~ Bills Nr, Kohl rea~ the fol!owim~ bills for approval: 1. $ 2,271.00 Pay from budgeted fumds 030-91~.34 2. P~ T~. Garrett 1,244.25 Police ear ~umpment Pay from budEeted funds e01-960.?? & 85 3, un Electrm¢ Corp. Engine Analyzer Pay from budgeted funds 001-852.78 3,028.0~ Ne~erela. Inc. 2,035.00 TWe-ws~v~M ~ase Station Pay from 1~ Encumbered funds - 12 - NINUTES - REGUI~R CITY GGUNCIL ~EETING BOYNTON BEACH, FLORIDA DECFJEBER l?, 1974 A~'~roval of Bill~. (Gen~'~) Pay from ~l? SuBject to transfer of funds from 920.3G Se 10. ll. 12o 13. Ps$~ £rem budgeted fumds 8,990.00 Pay from budgeted ~81-830.?0 Produ¢~ ~Fastewater Treatment Facilities Pay from !975 Water & Sewer Revemue Bond Issue for erossings Pay from budgeted f~uds. The City had reserve fumds i~FEC for $9, G00 for the gate ~d the rest is in the bmdget for m~intenanee. Do~'~ Trucki~g~ Inc. N~ck for 15~h Avenue Rec~eatmonal Park $ 3,787.50 Shell, ere. fer 15th Ave. Rec. Pk. 13,535.87 Pay £rem budgeted fumds 021-810 Rental _or AceeuntzugNaehine Pay from bmdgeted fumds 0G1-830.22 RubimCons~ruetion Pay from budgeted £u~ds 001-8~4.35 ¢~thiaLewis Assistant eook at Senior Citizens Pay from Federal Revenue Sharing Club 020-800,00 15. s.em~er Citizens Club. Drives at Senior Citizens Club Pay from Fedez~.l Revenue Sh~rim~ 020-800.00 15. ~usse~l & AxOn 68~8-4-!II & ~p ~ Revised upgrading ex~sti~g Was~ewater TreatmentF~ae. Pay from 1974 Water& Sewer Revenue Bond Funds Russell & Axon 6858-17-Ii ~P. Plums & Specs f'or Raw Water ~mn Pay from Utility Gemeral Fund Refundable from fu~re bond issue 1,174,10 - 13 - 26,2?8.10 ll, 538.3~ 17 )23.37 1~ ~9.69 1,"97.27 .24.80 85. e0 86.19 53,30 % ~ ~ ~INUTES - .w~G~LAR CITY COUNCIL NE. ETING DECEMBER l?, 1974 BOYNTON BEACH, FLORIDA Approval ~e~f Bills (Cent'S) 17~ Pay from Utility ~e~eral Fu~d Refundable f~om future bond issue Expams ion $ 1,?73.70 Lauderdale Co~str~etien job - Pay from Dtility Gen. Fu~d Charge te Chart 3,742.34 World Inspections world Deposit - Utility Ge~. Fmmd 20. Guardia~ ~o~g~age fr,m to 21, ~ Ce. 8,750.00 this being se late is that necessary pape~ were held up by the department eoncer~ed. This is en the sewer plant dump truck. The bills ~esoribed have Deen approved and verified by the department heads involved; checked and a~proved for payment by the Finance Directer~ fmnds are available in their respective budgets~ payment of these bills is recommended by the City Nanager, with the special notation on item #20 above. ~ir~ Harmeni~g moved to pay the bills as submitted by the City Nanager with approval given to ~ne City Manager to withheld payment of item #20 abo~e, pendi~ restoration by Plantatio~ Construetiem, also including the amour for Adams Chevrolet. Nr. Roberts se¢o~de~. Un~er discussion, Na~or DeLo~ ~uest~oned the amounts quoted ~n~er Item Nos. 13 ~ 15 as to what permod ef time were covere~. Mr, Kohl said on Cynthia Lewis - total worked: 28 hours plus some a~ditimnal time. The Nayor said he would get the total hours om these items from ~. Kohl at a later date. ~otion carrie~ 0TEER ~. R~oerts noted that the condominium development, C~as~ai Towers was in a financial predicament and theydo not have a clubhouse in which to meet. They re~uested ~using the City facilities for holding meetings te ~iscnss their~problems. Nr. Kohl said the policy i~ the City was te charge $25.~0 to anyone wishing to hold meetings, other than the Red Cress for children. The application should be submitted to the City Clerk aRB approve~ by the City Nan.a~.?r. ~. Roberts said a policy ha~ besn established re~ardinE polmtieal meetings where a ahar~ was mnstmtuted but he fel~ tha~ 14- k~INU~T~ ? RE'~ CITT B©T~0N BEACH, FLORIDA COUNCIL~EETING DECE~BER 17, 1974 t~ere were other meetings held where there was no E~hl was m~t aware of a~y other eases like this, Discussion the Jr~ Soheol ~u~ ccul~ was felt there felt ~ee~ em a ~ ~wice vs, ethers who It was felt such Nr. ~ asked meetin~ in rent A' gen%lemsm in the audience voiced his epiuion in agreement with the City Namager t~at a~yeme wishing ~e meet in City Hall should pay a fee~ ADJOU~E~T ~. Roberts moved to adjourn, seccmde~ by I~r. Strnad. No%ion earrie~ 5-G. Neeting ad~eurne~ at 9:50 P,N. CITY OF BOYNTON BEACH, FLORIDA ATTEST: City Clerk - 15 -