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Minutes 12-04-73MINU~ES OF REGULAR CITY COU~2IL MEETING OF THE CITY OF BOYNTON BEACH, PLORIDA, HELD AT CITY HALL~ T~ESDAY, DECEMBER 4, 1973. PRESENT Emily M. Jackson, Mayor Joe DeLong: Vice Mayor DavidRoberts, Councilman Forrest L. Wallace, Councilman Edward F. Hanmening~ Councilman Frank Kohl, City Manager Ernest G. Simon, City Attorney Te~eesa Padgett, City Clerk Mayor Jackson called the meeting to order at 7:46 P.M. She welcomed the audience and asked them to rise for the invocation given by the Rev. MSgT. Joseph C'~.-a~%~nO~ followed by the Flag Salute led by Vice Mayor DeLong. Announcements Mayor Jackson presented service awards to the following City employees: Robert J. Shaw - 15 years Equipment Operator, Sewage Collection Division Mrs. Constance Baish - 10 years Clerk II, Librar~ Kenneth Colby - 10 years School Crossing Guard Gretchen Luby - 10 years Assistant Purchasing Agent Kenneth Snow - 10 years Mechanic - Retired November 2, 1973 Mayor Jackson announced a joint Special City Council meeting and public hearing would be held by the Cities of Delray Beach and Boynton Beach in the Cafeteria of Atlantic High School on Seacrest Boulevard at 7:30 P.M., Monday, December 17, 1973. The purpose of the public hearing will be for the joint consideration by both City Councils for the establishment of a ~egionat Pollution Control facility for the treatment and disposal of waste water from their respective sezvice areas in accordance with the general principles and concepts of the Water Quality Management Plan of Palm BeachCounty, as adopte~ by the Area Planning Board of Palm Beach County on October 17, 1973. All interested parties were invited to express their opinions at the above meeting. Mayor Jackson then annonncedthat the dedication o~ the City's Bi- centennialPark would be held on Sunday, December 16, 1973 at 2:00 P.M. on U.S. 1, across from KwikChek. MINUTES OF REGLILAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ PLORIDA: HELD AT CITY HALL~ TUESDAY: DECEMBER 4, 1975. MINUTES Regular Meeting - November 20, !97~ Fn2. DeLong said on page 26, pamageaph 5, line 4, the remark made in regard to the ~t of mon~ paid should be att~ed to M~. K~i, who concurred. ~. H~ metered to ~e 16~ para,apb 5~ ~ne 6 -- the ~rd "~d sh~ld be ~anged to ~'~it~. Mayo~ Ja~son s~d ~ page ~, the ~d ~oppos~g~' should ~ inc~ded ~ ~e head~g ~der ~'~her" ~ega~d~g Reso~tion No. 73-Z -- affi~tion Oppos~g Re~onal G~y~ent ... ~' ~soI the ~%rs~ ~d second sente~eT this head~g should ~ad as roll, s. i~Aayor Ja~son said this Resolution w~ ~ssed ~st April. The State la~ w~t thr~gh in 1972 ... et6." May~ Ja~son refer~ to page 19~ para~aph 1 ~d said the following sent~oe s~uld be added: "~. Ha~ing said he had alTeady ~s- c~s~ this with ~. Sta~tzm~." Mr. Wal~ce not~ that although he would abstain ~om v~ing since he wasn't p~es~ ~ the me~ing of Nov~er 20th, the top of pages 25 a~ 26 w~e ~co~ly dated and the record should ~e~lect ~at these ~o pa~es were pa~ of the M~tes of Nov~em 20, t975. Mr. Ha~en~g moved to adopt the Mitres of N~e~ 20~ 1975 as coDreoted, seconded by Mr. De~ng. There was no ~scussion. Moron ~rmied 4-0, ~. Wa~ace ~st~ing. Special Meeting - November 28, 1975 Mr. Robemts moved to table the Minutes of November 28, t975 as they werentt ~eady, seconded by Mr. Hammening. No discussion. Motion caITied 5-0. BIDS One (1) tndustTial Type Rubber Tired Tractor Complete w/Backhoe and Front End Loader (Installed) . ReferTing to his letter ~or. the Agenda and Bid Tabulation sheet, Mr. Kohl concurred with the Tabulation Committee's recommendation that the bid be awarded to Trail Ford TractOr Company, Inc. of Lake Worth, Florida: in the amount of $11~115.50. Funds a~e budgeted in account ~6150~14~.07. Delivery time would be 50-45 days and an Anti-collusion affidavit was attached. Fir. Kohl read the other bids Deceived as follows: -2 - MINWdTES OF REGULAR CITY COUNCIL MEETING OP THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL~ TUESDAY, DECEMBER 4, 1973. BIDS (Cont'd) DeWind Machinery Co., Ft. Lauderdale, Fla. Engineering Machine Co.~ Delray Beach, Fla. H. F. Mason Equipment Co., Hia!eah, Fla. Palm Beach Tractor, Inc.: W. Palm Beach, Fla. $13~01~.00 15,620~00 14~575.69 1~,759.86 Mr. Harmening moved ~o accept the City Manager's r?com~endatio~ and award the bid to Trail Po~dTractor Company, Inc. mn the amount of $11~115.50, seconded by Mr. DeLong. There was no discussion. Motion carried 5-0. Paving and Drainage of N.E. 7th Street Mr. Kohl reported that no bids were received and he requested per- mission to re-bid. He presented to Council proof of publication and a list of companies to whom specifications were sent with copy of invitation to bid. Hardrives of Delray said they weren't interested at this time and Rit~Way Paving and Rubin's Construction said they were bringing bids~ but they didnot. Mr. Harmening noted that the asphalt supply was extremely critical and he doubted that any bids would be forthcoming until the situation improved. He felt that the price quoted fo~ asphalt would be very high if a bid was received. Mayor Jackson felt that some of the companies were waitinguntil the bidswent out for 1-95 in Deoember and perhaps the City should wait until then. Mr. DeLon~movedto grant the request of the City Manager for peZ~nis- sion to re-bid, seconded by Mr. Ha~mening. There was no discussion. Motion carried 5-0. PUBLIC HEARING - 8:00 P.M. Lehigh Portland Cement Co. - Consider Recommendations by the Planning Zoning Board and the Community Appearance Board Mayor Jackson read the legal notice of public hearing of the Planning & Zonin~ Board and Community Appearance Board, as well as the hearing being held this evening. She then asked Mr. Simon to read the Court decisions regarding Lehigh Portland Cement. Mr. Simon read the final judgment entered in the case, dated July 27, 1973 in which the petition for pre-emptory Writ of Mandamus by Lehigh Portland Cement was denied and the alternative Writ issue was quashed. Mr. Simon said subsequent to the entry of that final judgment~ on September 18, 1975 on a petition of Re-Hearing, an Order on Re-hearin~ was entered in which the final judgment previously entered was modified in that the Petition for Writ of Mandamus was granted and the City's Building Official was o~dered to receive and process the building permit application of the petitioner and refer same to the Technical Committee and Community Appearance Board~ the approval o~ said boards being a condition precedent to the granting of the building permit. MINLLTES OF REGULAR. CITY GDLkNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA~ HELD AT CITY HALL, TUESDAY, DECEMBER 4, 1975. Mayo~ Jackson then ~ead the motion as made by the Community Appearance Board based on their p%tblic hearing of November 27~ 1975~ noting that they report directly to the Council. Col. Reed had moved to approve the plans with the changes specified: seconded by PL~. Buck. A roll call vote was taken wD/ch passed 5-0: with 1 abstention. Mayor Jackson read a letter to Council dated November 29, 1975 from the Planning g Zoning Board, Richard B. Vastine, Chairman -- outlining the BoardYs reasons for voting against the application and including the motion made at the November 27th public hearing by Mr. Kostner, seconded by Fir. Kelly. A rOll call vote had been taken and the motion carried 4-1 for denial. Mayor Jackson clarified with Mr. Vastine that he had a communication from the Technical Review Board which reports directly to the Planning & Zoning Board~ ~iving theizTM reeon~nendation. F~yor Jackson asked lirs. Padgett if she had any petitions in favo~ of Lehigh Portland Cement and the answer was no. In the interest of time, Mayor Jackson requested the audience to refrain from applauding and she then invited those who wished to speak in favor of Lehigh Portland Cement to come fo~ard. M~. Bert Smith of the !aw firm: Jones, Paine & Foster, attorneys for Lehigh Portland Cement~ came forward to speak in favor of the petitioner After some discussion regarding procedure, Mr. Wallace advised Mr. Smith that if he had anything to present to Council: now was the time to do so. Mr. Smith said based upon the unanimous approval of the Community Appearance Board and approval of various parties involved in the Technical Review Board, he appealed to Council for consideration in granting the building permit. He felt Lehigh had a clear record as to the technical and engineering aspects of this petition. Mr. Smith felt that Lehigh met the requirements of the State Department of Pollution Control and the City of Boynton Beach, along with any County agency in regard to sanitation. He advised Council that a technical staff representing Lehigh was present to answer any of Council's questions. After asking if there was anyone else wishing to speak in favor, Mayor Jackson asked Mrs. Padgett if she had any petitions opposing Lehigh Portland Cement. Mrs. Padgett read several petitions in opposition which are on file in the Central File of City Hall. Mayor Jackson noted that some of the petitions were submitted in April and asked Mr. Simon to read the original M-1 ordinance. Mr. Simon read Section Di-10 of the Code -- M-1 Industrial District~ Uses Permitted. Mayor Jackson than invited those who wished to speak in opposition to come forward. - 4- MIArGTES OP REC4~LA~ CITY COUNCIL MEETING OP THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, DECEMBER 4, 1975. Mr. Simon Ryder, .2379 S.W. 15th Aven~e, felt it was unfortunate that the Community Appearance Board saw fit to approve of Lehigh Portland Cement and thought they should have considered certain factors other than the aes~chetic viewpoint. He opposed the operation of Lehigh within the City limits, due to the dust, noise and waste of land. Mr. Thomas Canavan, Sterling Village, thought that the City had lost the case to Lehigh and asked Mr. Simon if the petitions against Lehigh were brought to the attention of the Judge. Mr. Simon explained that the p~oceedings haven't reached that stage in litigation yet: but said the info,marion would be brought forth at the proper time. Mr. Canavan opposed the construction of the Lehigh Plant because of the hardship that would be inflicted upon residents in the area. Mr. Wallace noted that Mr. Canavan was under the misconception that Boynton had lost the case to Lehigh. Mr. Simon explained further the Cou~t action that had taken place in which the Writ that Lehigh had obtained in their favor against the City was quashed, which means that the City won the case. Mr. Steuben of Village Royale spoke in opposition to Lehigh, stating that many people wouldn't have moved to the area if they knew they would have homes adjacent to a concrete plant. Mr. Edwin F. Cook, Pine Point Vit!as~ described the materials used in making cement which can cause in~ections in various people and asked that this factor he taken into consideration. Election Returns Mayor Jackson interrupted the Public Hearing to have the Clerks of the Not'ch and South Precincts read the election returns of the day, for the purpose of electing two new members of Council. Mrs. Jean Pipes, North Precinct, read the returns as follows: Total votes - 2,4R2 of whiehDavid Roberts received 692; No~manP. Strnad - 651; John Prank White - 638;G~rr~ W. Winter - 412. There were R9 w~ite-ins from the North Precinct as follows: Mr. O. T. McLean - 25~ Mr. L. R. Blacketer - l; Mr. Adam Smith - l; Emily M. Jackson -l~Ear! HuS~d~emk - l, for a total o£ 29. There were five absentee ballots. Mrs. Helen Wilson, South Precinc~read the returns as follows: Total votes - 5,5~1 of which David Roberts received 1,824; Norman F. Strnad - 1,579; John Prank White - 765;GaTDy W. Winter - 1,06~. There were 70 write-in votes as follows, read by Mrs. Padgett, along with 5 absentee ballots: O. T. McLean - 64; John L. Arehie- ii Donald Duck - 1; Stephen Koehakian - 3; Crazy Jack - 1, for a total of 70. Mrs. Padgett then read the grand total of all votes cast as follows: David Roberts - 2,516; Norman F. Strnad - 2~0; John Frank White - 1,40~;Garry W. Winte~ - 1,475. There were 99write-in votes and lO absentees for a total of 7,725. The grant totals of the write-in votes were: O. T. McLean - 89; L. R. Blaeketer - 1; Adam Smith - 1; Emily Jackson - l~Earl HS.3~sd~rk-1; John L. Arehie- 1; Donald Duck - 15 Stephen KochakTan - DJ Crazy Jack - l, for a total of 99. MINt~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA: HELD AT CITY HALL~ TUESDAY, DECEMBER 4~ 1973. Mayor Jackson thanked the Clerks fo~ their ha~d work. Mr. DeLong moved to accept the election results as presented, seconded by Mr. Wallace. There was no discussion. Motion carried 5-0. Mr. PL~rmening complimented the citizens on the excellent turn-out in comparison to ot~er recent elections. Mayor Jackson asked Mrs. Padgett that a mailbox be opened immediately for Mr. Strnad so he may receive all mail pertinent to Council as well as a list of all the Boards and their e~piration dates. Mrs. Padgett said this was in the works. PUBLIC HEARING (Cont'd) Mayc~ Jackson returned to Public Hearing to hear the comments of those opposed tO Lehigh Portland Cement. She then asked No,nan Strnad to stap~ in view of his election to CoUncil. l~P. Strnad said he was 100% against the concrete plant in B0ynton Beach. M~. J. Kay, 2400 N.E. 1st Lane, Village Royale on the Green~ spoke in opposition to Lehigh and noted the importance of local self- government and public expression by the citizens. He appealed to Co%ulcil to accept the wording of the M-I ordinance and retain the peace and quiet in Boynton Beach. Mr. James Boone Wilson, Jr.: 47 Isle Court, spoke in opposition to Lehigh primarily because of the respiratomy ai/ments~ silicosis, etc. that may be caused by the cement dust. He pointed out that laborers turn down work in a cement plant due to allergies to the lime and spoke at length about the problems caused by dust pollution. Dr. Peter Byron, 2600 N.E. 1st Lane: noted that he had spoken out in opposition at the last meeting of the Planning and Zoning Board. He proposed that Lehigh undertake a test showing the amount of silicone in the air at certain distances away f~om their plant. He felt if it could be proven to him that there was no silicone in the air where he lives a short distance away, he would be happy to support Lehigh regardless of the legal ruling made. Dr. Byron felt that someone should speak up for the people suffering from various respiratory ailments who came to leave peacefully in Boynton Beach. Mr. John Leonard: 210 Pine Point Drive: spoke for himse3zf and his fellow residents in Pine Point Villas and felt that this type of manufacturing operation would be very detrimental to health and value of property. He appealed to Council to act in behalf of the residents in the area. Mr. DeLong moved to accept the reco~aendation of the Planning and Zon- ing Board to deny the application of Lehigh Portland Cement~ also taking into consideration the objections of the citizens of Boynton Beach as submitted by petition. Mr. Wallace seconded the motion. Under discussion: Mayor JackSon said she felt even before the M-t zoning was amended: that this was not compatible to the surmounding - 6- MINUTES OF EEGUL~i~ CITY COUNCIL MEETIHG OF THE CITY OF BOYNTON BEACH, FLORIDA: HELD AT CITY HALL, T~ESDAY, DECEMBER 4~ 1973. residential areas due to the ~m4ssion of smoke: etc.: which made it a violation of even the original M-1 zone. PL~. Ha~mening concurred with the Mayor's comments and said he has gone by the Lehigh plant in Riviera Beach on numerous occasions and noticed that this was a rather obnoxious and di~ty manufacturing process which he felt had no place in Boynton Beaeh~ based on the M-1 zoning. M~. DeLong asked that it be entered on the record that when the Lehigh people originally came in~ he quizzed them on the up~rading of the plant in regard to whether or not they were going to blacktop the area to keep the dust down and they said definitely not. Mrs. Padgett conducted a roll call vote as requested by Mayor Jackson: CounciimenRoberts Councilman Wallace Couneilman Ha~mening Vice Mayor DeLong Mayor Jackson - Yes, in favor of denial - In favor to deny - In favor to deny - Yes - Yes Motion carried 5-0. RECESS Mayor Jackson called a recess at 8:49 P.M. so the people could leave, if they wished. She called the meeting to order at 9:00 P.M. LEGAL Ordinances - Second Reading None Ordinances - First Reading Proposed Ordinance No. 73-56 - Re: Eliminating Public Hearing for Community Appearance Board Mr. Roberts wished to clarify that the reason he asked to have this ordinance drafted was that it appeared that the Community Appearance Board and Planning and Zoning Board were compelled to have pub!ie hea~ings on every application that comes in with the exception of single faraily houses or duplexes. It wasn't done until someone noticed it and he felt it was inadvertently included. Mr. Roberts felt that everyone wishing to construct a building should not be compelled to go through this hea~ing and by eliminating this provisions it will not interfere with the progress of the City when the moratorium is lifted. It was clarified that there were two ordinances for public hearing -- the CommunityAppearance Board and the Technical Review Board -- and Mr.-Roberts felt if both had to take place for each application~ a great backlog would be caused. Disoussion ensued regarding the meeting Mr. Simon was to have the following day with the Chairmen of the vari- ous Boards as to their feelings and recommendations about overlapping - 7 - MINUTES OF RE~dLAR CA'fY COUNCIL MEE~iNG OP THE CItY OF BOYNTON BEACH, FLOR/DA, HELD AT CITY HALL, T~ESDAY, DECEMBER 4, 1973. of duties and duplication of effort. M~, Simon said no definitive action could be taken other than to report this information back to Council. Fir. DeLong felt that there should be s~me clarification regarding procedure~ before an application is approved. Mr. Simon ~ead Ordinance No. 75-56 on first reading -- An Ordinance of the City of Boynton Beach, Florida, Amendin~ the First Ser~ence of Section 51-16.2(5) of Chapter 31 of the Codified Ordinances of Said City by Eliminating the P~ovisions for Public Hea~g by the Community Appearance Board, etc. Mr. Wallace moved for the adoption of Ordinance No. 73-56 on first reading: seconded by Mr. Har~nening. There was no discussion. Mrs. Padgett conducted a ~oll call vote as follows: Vice Mayor DeLong Councilman Ha~mening Councilman Wallace Councilman Roberts Mayor Jackson Yes Yes Yes Yes Motion caz~ied 5-0. Mr. Wallace expressed his personal viewpoint that having sat through meetings with the various Boards, changes would not be ag~eedupon by all the members. He therefore recommended that the meeting called for tomorrow be cancelled and the Boards live respectively with each one of their ordinances for a period of time and that each Board then make recon~nendations individually to Council regarding changes they felt would be necessary. He felt Council would then receive an impersonal viewpoint from each one of the Boards~ Mayor Jackson felt that there should be at least a year's trial in each instance before the Boards came back with thei~recommendations. In rising to a point of o~der, Mr. DeLong felt there was only one way to alter what has already been done -- by reconsideration of a p~evious motion. The previous motion was that the City Attorney was to meet with the heads of the Boards to attempt to eliminate any existing or alleged ambiguities or cor~lictions. If you're on the prevailing side of that particular motion and you wish to make a motion at the present time for reconsideration, he felt that would be in order. Mr. Wallace clarified that he didn't make a motion but spoke to the point of the ordinance that was just read. He said he did not refer to any fo~mer ordinance that was read and noted that he stated this was his personal opinion and did not call for a motion or ask for a motion. Proposed Emergency Ordinance No. 73-57 - Re: Sewer and Water Connec- tion Fees (Tabled) Mr. Wallace did not recall this item having been tabled but to~eep things in o~der~ he moved to take this from the table, seconded by - 8- MINU~ES OP REGULAR C~fY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL~ TUESDAY, DECEMBER 4, 1975. Mr. DeLong. No discussion. Motion carried 5-0. Af~cer some discussion to assure that all Council members had the correet O~dinance before them, Mr. Barrett suggested certain changes under Section i and Mr. Clark recommended clarification on page 2 concerning capital improvement fees. Mr. Simon made the changes as suggested and read Emergency Ordinance No. 73-57 in its entirety -- An Emergency Ordinance of the City of BoyntonBeach, Florida, Amending Section 30B-32(I) of Chapter 30B of the Codified Ordinances of Said City to Amend the Water and Sewer Connection charges~ etCo Mr. Roberts moved for the adoption of Emergency Ordinance No. 73-57, seconded by Mr. Harmening. There was no discussion. ~rs. Padgett conducted the roll call vote as follows: Vice Mayor DeLong Councilman Harmening Couneilman RohertS Councilman Wallace Mayor Jackson Yes Yes Yes Yes Yes Motion carried 5-0. In answer to a question from the audience, Mayor Jackson noted that she had inadve~entiy bypassed Public Audience and would return to that item on the agenda after the completion of "Legal'~. Proposed Emer~3ency O~dinance No. 73-58 - Re: Increase of Sewer Rates Mr. Simon read proposed Emergency Ordinance No. 73-58 -- An Emergency Ordinance of the City of Boynton Beach, Florida, Amending Section 23A-3 of Chapter 23A of the Codified O~dinances of Said City to Amend the RateS, Fees and Charges for Services of the Sewage Disposal System, etc. Mr. Wallace moved to adopt Emergency Ordinance No. 73-58~ seconded by Mr. DeLong. Uieder discussion, Mr. Wallace referred to an ordinance of last year amending some rates which resulted in some billing p~oblems. After some discussion as to what instructions should be given to Mr. F!ynn regarding billing, Mr. Flynn recommended that the first of the year would be advisable as a starting date. Mr. Simon said this would be included under Section 5 of the Ordinance. Mrs. Padgett conducted the roll call vote as follows: Vice Mayor DeLong Councilman Harmening Councilman Roberts Councilman Wallace Mayor Jackson Yes Yes Yes Yes Yes Motion carried 5-0. - 9- MINU~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYh~ON BEACH~ FLORIDA: HELD AT CItY HALL~ T~ESDAY: DE~MBEt~ 4: 1975. P~oposed OrdiD~n~e No. 75-59 - Re: Amend Sec. 31-16.1(7) of the Code For clarification in answer to a question from Mayor Jackson, Mr. Simon explained that the procedure under the O~dinance is tP~t an application goes to the Technical Committee for review o~ site pla~ a~d upon com- pletion of its review, the Technical Committee then makes a recommenda- tion to the Plar~%ing & Zoning Boa~d. The Planning & Zoning Boa~d then reviews the recommendation of the Technical Committee and the site plan itset~ and in the course o~ even~s~ conducts a public hea~ing. I~ this OI~l~_nance is passed~ it will eliminate the public hearing conducted by the Planning. & Zoni~.g Board after it receives the report of the Technical Committee only on the site plans. It was further clarified thse- ~rr,~ ~nnl'~a~rkiOn for bu~t.cl~ng' pe~t requiring review by th.e~ Technical Committee will requ~e p~btic hearing. Fly. S~mon sa~ this ordinance applies solely to the review of site plans. Mr. Simon ~ead Ordinance No. 7~-59 on first reading -- An Ordinance of the City of Boynton Beach, Florida: Amending Section 51-16.1(7) of Chapter 51 of the Codified O~ces of Said City by Eliminating Provisions for Public Meaning by the Planning and Zoning Boa~d in Reviewing Site Plans~ etc. M~. Wallace moved ~o~ the adoption of O~dinance No. 75-59 on first reading~ seconded by Mr. Roberts. U~der discussion: Mayor Jackson said this will remove the feeling onthe pa~t of some people that they were just "z%%bber stamp~'~. M_rs. Padgett conducted the following roll call vote: Vice Mayor DeLon~ Councilman Harmening Councilman Robe~s Councilman Wallace PLayer Jackson Yes Yes Yes Yes Motion carried 5-0. Resolutions Proposed Resolution No. 73-L~i~ - Re: Civil Defense Mr. Simon read Resolution No. 73-~ -- A Resolution of the City Council of the City of Boynton Beach, Florida, Supplementing Resolution No. 71-JJ of Said City and Providing for A Basic Emergency Operations Plan. Mr. DeLong moved to adopt Resolution No. 7D-~ seconded by Mr. Ha~mening. Mr. Robez~Cs felt the name of the Fire Chief should be excluded and after, some discussion as to the actual wording to be included, Council concurred with the reconm~=-ndation. Mrs. Padgett conducted the roll call vote as follows: - 10 - MINUTES OF REGUiAR CITY COUNCIL MEETING OF THE CITY OF BOYRTON BEACH, FLORIDA: HELD AT CITY HALL, TUESDAY, DECEMBER 4~ 1975. Vice Mayor DeLong Councilman Hsmmening Councilman Roberts Councilman Wallace Mayor Jackson Yes Yes Yes Yes Yes Motion carried 5-0. Proposed Resolution No. 7D-WV - Re: Suspension of Administrative Service Charges Mm. Simon read Resolution No. 75-WV -- A Resolution of the City Coun- cil of the City of Boynton Beach, Florida, Providing for the Suspen- sion of the Administrative Service Chsmges Levied by. the General Fund Against the Utility Fund, etc. Mr. Harmening moved rom the adoption of Resolution No. 75-VVV, seconded by Mr. DeLong. The~ewas no discussion. Mrs. Padgett conducted the roll call vote as follows: Vice ~Layor DeLong - Yes Councilman Ha~mening - Yes Councilman Roberts Yes Councilman Wallace Yes Mayor Jackson - Yes Motion carried 5-0. Proposed Resolution No. 7~-WWW - Re: Loan from General Fund to Utility Fund Before the reading of the Resolution, Mr. Roberts felt that trans- ferring $1 million of the unencumbered funds from the General Fund to the Utility Fund would poss/bly put the City in a precarious situ- ation~ particularly in view of the energy crisis and the fact that the City gets most of its incom~ from utility tax - electricity. He felt the building and other permits might fall off due to the mora- torium and that eventually the City's revenue sharing might be ef£ected. He urged instead of going the full i/mit, in view of the fact that there is over $400~000 in the Utility Fund, add some money from the General Fund and float a bond for the difference. He alSO urged that any money taken from the General~nd should be specified that it is to be repaid within a short period or time -- perhaps two years or so. He felt the increase in revenue, the new rates, the adjustments should allow enough money to repay this in as sho~t a time as possible. Mr. DeLong noted that the name of the fund is not the General Fund but the Operating Capits1 /mprovement Fund. He agreed with Mr. Roberts and felt the City could not borrow itself out of debt. Either the City was going to put the water and sewer system on a solvent basis or forget about it. He recommended using som~ of the money in the - ll - MINLkTE$ OF REGUIAR CITY COLLNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT C~TY HALL, TUESDAY, DECEh~ER 4, 1973 utility Fund -- approximately $200,000, transfer $300,000 over from the Operating Capital imp~ovement Fund -- use it to get things started and then go right into the market and float the revenue cez*cificate issue based upon what was suggested by the consulting engineers and then upon receipt o£ those funds, repay the loan to the acCO unts f~om which they were boz~owed. M~ DeLong said he would vote to have the situation handled in this manner, but for the sake of unanimity, he would go along with suggestions from other members of Council. Mr. Wallace felt that the intermingling of funds within the City could cause problems in the long run. He reluctantly went alon~ with the bond issue for two yea~s: but felt that perhaps within that period of time, things will have changed end the City will have soma guide- lines for further direction. He asked if it was pos~sible when the bonds were issued to incorporate within that fuinding that automatically these bonds will ~epay the loans that the City has taken. Mr. Simon said this was legal. Mr. Wallace felt that going this pamticular route, depleting the budget could be avoided. He alSo asked that the Council consider in view of all the ~9~neeming studies made, when the City is advised by an engineer as to the cost of a project~ the enc~ineer should be required to present an itemized cost breakdown so ~hat there will be no duplication of effort. He also recommended going out for a $2 million bor~i~sue rather then $2~ 050, 000. Mr. DeLong concurred with Mr. Wallace's suggestion~, adding that he discussed this with Mr. Startzman and the City Manager, He felt that when recommendations are made by the consulting engineers it is the duty of the City M~nager and City Engineer to analyze end study these recommendations for Council's ~uidanoe. Mr. DeLong felt the money should be paid back to the Operating Capital Improvement Fund and that the City should go into the revenue certificate issue because the revenue certificate issue ~an be paid off from the revenue coming into the water and sewer fund. However~ if the City is new going to strip the Operating Capital t~provement Fund and have to go into the market for a.general Qbtiqati~ issue to acquire the things that a~e a necessmty: he felt the C~'ty was in bad shape. Mmyor Jackson asked Mr. Simon if it could be incorporated in the Resolution that when the money is received from the bond issue, it would be used to immediately repay any money that was borrowed. Mr. Simon said yes, appropriate language could be added to the Resolution to provide for the repayment out of the proceeds of the bond. It was clarified that Mr. Flynn had this in his original recommendations. Mr. Roberts said he wouldn't have brought this up if it was not for the current enez~3y crisis. He noted that Delray Beach increased their wa~er rates in October, 1972 by 2~% and their sewer rates by 8~%. They also floated a $5 million bond issue which is now on deposit and the interest they receive more or less pays the interest on that particular ~ond. He also noted that the future credit of the City will be enhanced by having any money on deposit through a bond issue so that in 2 or 3 years as M~. Wallace said, the City would possibly MINUTES OF REGULA~ CITY COUNCIL M~ETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, DECEMBER 4~ 1973. have a credit rating if needed fo~ a large amount. Hopefully, by that time some of these problems will have disappeared or have been solved. After some discussion between Council and Mr. Simon to detez~ne the exact ehan~es in wording of the Resolution, Mr. Roberts questioned the reduction of $50~000 from the bond issue. Mr. DeLong n~ted there would be a meeting with the fiscal agents and consulting engineers in which it would be decided the exact amount the City would go into the market for, upon approval o~ the City Council. After some fu~ther consultation with Mr. Plynnon correct terminology, Mr. Simon read Resolution No. 73-WWW -- A Resolution of the City Council of the City of Boynton Beach, Florida, Providing for the Advancement of a Repayable Loan from the Operating Capital /mprovement Fund to the LWci]ity Fund of Said City~ etc. Mr. Roberts moved for the adoption of Resolution No. 73-WW~;, seconded by Mr. DeLong. There was no discussion. Mrs. Padgett called the roll as follows: Vice Mayor DeLong Councilman Harmening Councilman Roberts Councilman Wallace Mayor JackSon Yes Yes Yes Yes Yes Motion carried 5-0. Proposed ResolutionNo. 7~-XXX - Re: Increase in Water Rates Mr. Simon read Resolution No, 73-XXX -- A Resolution of the City of Boynton Beach, Florida, EstabiishingAmended W~er Rates and Water Meter Connection Charges Within and O~tside Said City, Establishing Amended Meter Deposits and Continuing Service Charges for Fire Hydrants and Other Charges, etc. l~. Simon referred to Section 7 of the Resolution and said that the service charges for connecting and disconnecting would be $3.00 each and the service charges for connect- ing and disconnecting after normal working hours or on legal holidays shall be $5.00 each. tt was decided that the effective date would be January 1, 1974. Mr. Wallace moved to adopt Resolution No. 73-XXX, seconded by Mr. Harmening. Mr. Wallace questioned how individuals would be affected if the moratorium was lifted before the first of the year -- would they get in under the past rates instead of the new rates? After some discussion between Mr. Ha~mening and Mr. Barrett concer~ing the water tap-in fee, Mr. Wallace clarified that it is the intent of the Council that everything that is now in Mr. Barrett's office would fit in the category of whether it has or has not been paid it would still fit into the old category. He asked if any form of new permit that comes in from this day forth for whatever particular reason -- will it abide by the new schedule or the current one? Mr. Barrett said the existing ordinance would have to be abided by until January 1, 1974. - 13 - MINUTES OF REGULAR CITY COUNCIL MEET/I~G OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY~ DECEMBER 4~ 1973. Discussion ensued regarding Section !(a) on the top of page 2 of this Resolution where Nh2. Plynn felt the institutional rate was left out. In order that the necessary in~o~mation would be innluded before this Resolution was adopted~ Mr. Flynn and Mr. S/mon discussed how the wording should be incorporated. Mayor Jackson apologized to the audience, noting that Council had given Mr. Simon an overload of O~dinance~ a~d Resolutions to prepare in less than a week's time. Mr. Simon clarified with Council that the one unit charge for commercial type institutions would be $5.00 peru month instead of $2.65 per month. This amendment was to be incorporated into the Resolution in accordance with Mm. Waltace's motion to adopt this Resolution. /vn2. Hal~nening as seconder to the motion agreed with the amendment. Mrs. Padgett conducted the roll call vote as follows: Vice Mayor DeLong Yes Councilman Ha~nening - Yes Councilman Roberts Yes Councilman Wallace Yes Mayor Jackson Yes Motion carried 5-0. Mayor Jackson asked Mr. Kohl to have this Resolu- tion sent to Mr. Carlson of Ocean Ridge after it is comrected so they would have it for their next meeting; and Briny Breezes. Other Consider Ocean Ridg9 Agreement Mr. Simon read Resolution No. 75-YYY -- A Resolution of the City Council of the City of Boynton Beach~ Plorida~ Approving Addendum to Franchise Agreement with Town of Ocean Ridge, Plorida. M~. Simon then read the Addendum to Franchise Agreement as pa~t of the Resolution. M~. Flynn wanted to be sure if Boynton's equipment was used in Ocean Ridge that the City would get the standard rate and he asked that this provision be included in the Addendum to the Resolution. Mr. Wallace moved to adopt Resolution No. 7~-YYY, seconded by Roberts. Under discussion~ Mr. Wallace asked if a provision should be included whereby the City is covered ~om the materials it has installed underground in Ocean Ridge. Mr. Simon felt the answer lies in the original franchise agreement and the City is covered until 1981. Afte~ further discussion, Mr. Simon clarified that Boynton was committedto Ocean Ridge fo~ sewer service. Mrs. Padgett conducted the roll call vote as follows: Vice Mayor DeLong - Yes Councilman Harmenin9 - Aye Councilman Roberts - Yes Councilman Wallace Yes Mayor Jackson - Yes MINGTES OF REGULAR CITY COUNCIL P~ETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY: DECEMBER 4, 1973. Motion carried 5-0. Mayor Jackson askedM~. Kohl to make sure that Ocean Ridge received a copy of this Resolution along with the pre- ceding one for their meeting of December 10th. Mr. Simon said in the case of Blueprint Construction Co. vs. the City of Boynton Beach, which was scheduled for trial last week -- at the time of trial, the Plaintiff took a non-suit without prejudice which means that the lawsuit no tonge~ exists and it would' appear unlikely that they would bring the suit back at some future time. PUBLIC AUDIENCE Mr. John Cteary, 160 S. Boulevard referred to an article ~n the paper which repo~ted that south of the City: the buses have had an increase of 2~ in usage. He felt the City was getting a run around from the County Transportation Authority who advised that a study had to be made. Mr. Cteary wanted to know the statUs of the bus situation. Mayor Jackson noted that a Resolution had been sent to the Authority after the last Council meeting: emphasizing Boynton~s need for the bus service~ particularly in line with the gas shortage. She felt it would be a good idea to contact Mr. Pippin and find out when the buses were going to start. Mr. ClesJ~y said the Authority had already made the study before they proposed the bus service to the City. Mr. Harmening said in all fairness: he believed the County was awaiting the delivery of additional buses and Mr. Cleary referred to areas where the people were taking out a petition because there were too many buses going in and out. Mr. Canavan requested to speak on the fourth item under "Old Business~' when it comes up. He then asked what the solution was to the hydrant rentals that Ocean Ridge has had for many years. Mr. Flynn explained that it was over $9,000 going bad{ three years and Boynton was giving a credit of approximately $400 for work that was charged in errOr. Mayor Jackson explained that she and Mr. Flynn had s meeting with the City Manager and Attorneys of Ocean Ridge and there was no question as to the money they ~;ed Boynton Beach. M~. Harry LeFort, 2152 N.E. let Way~ congratulated Council on the stand they took in regard to the sig~ ordinance. He said this has been a five-year battle and this is the first Council that ever made the large developers remove their illegal signs. Mayor Jackson noted that Mr. Simon won the case. OLD BHSINESS Discuss Bid Openings - Mayor Jackson Mayor Jackson said it inadvertently appeared that a bid had been opened by Russell & Axon. She clarified that the bid regarding relocation of some 1-95 pipes was opened in her office with certain City employees present, as well as both bidders and a representative of Russell g Axon. It was not opened in Russell & A×on's office. MINUTES OF REGHLAR CITY COUNCIL MEETING OF THE C~Y OF BOYNTON BEACP4 FLORIDA, HELD AT CITY HALL, TUESDAY~ DECEMBE~ 4, 1975. Consider Request of Ferrin Signs, Inc. for 1st Bank and Trust Mr. Howard Per, in of Ferrin Signs spoke in behalf of both Ferrin Signs and First Bank and Trust of Boynton Beach, ~equesting Council's permission to move an existing free-standing sign from its p~esent location to the new location directly across U.S. 1, so that neither Ferrin Signs nor t~e Bank would be financially hur~ He said Ferrin Signs had an 8-year lease agreement with the BaDI~ lcd this display which' has about 4 years left to run. Mayor Jackson asked M~. Ferrin if he received a letterfrom Mr. Baz~ett that this was against the si~n ordinance and he said yes. He was aware that the existing si~n did Rot conform to the present code, however~ the sign con~ommed to the ori~inal code when it was properly pez~mitted, and the sign could remain where it is indefinitely. Mayor Jackson noted that the bank was moving: however. Mr. Ferrin said representatives of the Bank were present and he showed Council a rendition of the new sign that is proposed. Mr. Philip Cren~h~v, Attorney with the firm of Hamilton, James, Merkte end Young, with an office in Ocean Plaza, rrpresenting First Bank and Trust, appealed to Council to consider relocation of the sign ~nd clock. Mr. Barrett said on several occasions people have said if the bard<moves its sign across the street, they're going to put their signs back up that they were compelled to take down. Mr. Harmening asked Mr. Crenshaw if he was speaking of moving the complete sign with the clock or the clock only~nd the answer was the complete sign with the clock on top. Mr. Roberts asked what the maximum size of the signs permitted under the circumstances was as cc~pared to what is there now. Mr. Barrett advised that it is 170 sq. ft. vs. 550 sq. ft. and ~ir. Crenshaw said this would not serve the purpose. Mr. DeLong said inview of the compliment just givenbyMr. LeJPort, the progress being made, and the fact that the City's sign ordinance doesn't permit any variances, along with the fact that he is aware of the Building in question which he felt would be a fine addition to the City -- he moved that this application be rejected and that any sign put upon the Bank would comply with the existing sign o~dinance. Mr. Wallace seconded. Under discussion, Mr. Wallace questioned the consistency of the action regarding grandfathering in that the City had just turned down the request of a concrete plant to move from one place to another in the same type of zoning. Mr. Simon said in one way the situations are similar~ however, the correlation between the two cases stops at the point of the grandfather clause. Mr. Crenshaw said the Council was seeking to avoid an impingement on the public welfare with the concrete plant and this situation was a - 16 - MINU~ES OF REGULA~ CItY COUNCIL MEETING O~ THE CITY OP BOYNTON BEACH: FLORIDA: HELD AT CITY HALL: T~ESDAY, DECEMBER 4: 1973. neutral case. Mr. Wallace said perhaps it was a poor comparison but after sitting through various matters concerning the sign ordinance, he would stand by his second of the motion. Mayor Jackson said she would like to see the clock itself mDved as it is a landmark -- i~ that part is not against the sign ordinance. Mr. Ba~ett saw no objection to moving the clock. Motion carried 5-0. Discuss Public Beach (Vice Mayor DeLong) Mr. DeLong referred to the erosion at the beach and the long ~oins that are constructed all the way down to Corrine Street which the Federal Government did years ago. This is about half a mile below the south border of Boynton's public beach. In between there are appmoximate!y 800 feet between the groins all the way down that are uniform until they get to Boynton's public beach. Then there is a spot of about 2:500 feet in between. In looking this over, it was found by Mr. DeLong and other citizens that this erosion has now occurred where this wide-~p~ead exists: indicating a necessity for several more 9reins. It was the feeling if these 9reins were put in: the erosion would be eliminated on the southern portion of the public beach. In view of the fact that it is a Federal situation, Mr. DeLong requested that Mr. Kohlhandle this administratively through the office of Congressman Paul Rogers. Mayor Jackson agreed and spoke of the history of the groins. She noted thais was the reason for having the best beach in the area. Mr. DeLong said if the City can't get relief from the Federal government, he felt in order to save that particula~ portion which has eroded near the last life guard s~3nd (a little north of the snack bar): it would be worthwhile for the City to do the work itself. No action other than administrative was necessary. Discuss Election Workers (Vice Mayor DeLong] Mr. Canavan, who had asked to speak on this subject earlier~ alluded to Mr. DeLong first. Mr. DeLong felt there shouldn't be a double standard of payments for the people serving on the election board. The hours are long and tedious and he recommended bring-lng the City's compensation up equal to the County. He noted that the County pays their poll workers $5.00 more. He felt the City's workers were worth this increase and he recommended this be effective as of the next election and moved to that effect. Mr. Wallace seconded. Mr~ Canavan said he agreed and these were his sentiments. There was no discussion. Motion carried 5-0. Discuss Colonial Club(Vice Mayo~ DeLong) Mr. DeLong noted that the Colonial Club was the first to come under the Ordinance enacted by this City Council whereby they have to defray - 17 - MINUTES OF REGUI~R CITY COL!NCLL MEETING OF THE CITY OF BOYNTON BWaCH, FLORIDA, HELD AT CITY HALL, T~ESDAY~ DECEMBER 4~ 1975. the expense of the turning lanes. He said M~4 Barrett has been in touch with them and the City Manager is aware of the situation. Colonial Club is negotiating in th~_s ~er and M~. DeLong noted the difficulty in getting things of t_hms nature done. He there2fore requested that the City Manager be given sc~ne flexibility to get an estimate as to what the turning lanes would cost and i~ Colonial Club cannot do so, engage a contracto~ with Colonial Club's money, being held in escrow for the.completion of the work, including a certain percentage above what mt would cost. Mr. Ha~mening said Pi~. DeLong's suggestion has merit and as long as the City gets sufficient f-o~ds in escrow to cover anticipated ~ise in this type of work, he would be in f~vor of this. Mr. Wallace noted that this matter could be handled administratively. NEW BUSINESS CanvassElection Returns Completed during "Public Hearing". Consider Preliminary Approval of Plat (Oriole-Pastal) Mr. Kohl requested that this item be tabled, and Mr. Roberts moved to table the item, seconded by Mr. Wallace. Mr. Kohl said he had no info,nation to present to Council. Motion carried 5-0. Discussion ensued as to what info~mation was necessary and it was decided that this item would be brought up at the next meeting. ADMINISTRATIVE Request of Mock, Roose g Searcy. (lst Bancshares of Florida, Inc.) Mr. Kohl read his letter for the agenda in which he advised Council that this request was discussed with the consulting engineers and the City Engineer and it was agreed that to be consistent with the City's master plan for water: a 16" pipe should go in. However: inas- much as the 6~' pipe would be sufficient for the bank's requirements, Mr. Kohl felt it is only equitable ~nd fair that the City participate in the expenditure of the 16" water main~ since the 16" line is needed for the City's future expansion. Mr. Kohl recommended the City pay the difference in the amount of $~ 000. Mr. DeLong moved that the recommendations of the City Manager be accepted, seconded by Mr. Wallace. No discussion. ]~otion carried 5-0. Consider Purchase of Speedgun for Police Department Mayor Jackson noted this was not a gun to shoot speeders -- it is a digital radar unit. Mr. Kohl explained that this is agun that can be used in any poliee car as well as outside of a police ear. He referred to the many problems and complaints within the City MINU~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, DECEMBE~ 47 1973. regardin~ speeding vehicles and it was hoped that these complaints could be reduced by the use of tb~s new radar gun. Funds for the speedgun are available in Acct. ~466.05 - overage on the Police Complex Sinking Fund l~ese~ve. Mr. Kohl recommended purchase of this~ equipment and requested Council's approval. Mr. DeLong moved to grant the request of the City Manager, seconded by Mr. Wallace. Mr. Harmening noted that the Sheriff's department has these guns on motorcycles. Mr. Wallace referred to an article he read about a motorcycle patrol called "Smiley'~ which indicates the 100% backing legally, as far as this type of equipment is concerned. He hoped Mr. Van Deusen was present as this would eliminate some of the problems he had complained about. Motion ca~ried 5-0. Consider Application for Beer &Wine License Mayor Jackson noted this was al! in order with the applicant being Mr. Har~ Sctur~tz and the business name being Villager Plaza Pub and Restaurant at !403 N.W. 2nd Avenue, Boynton Beach, Florida. Mr. Wallace moved that this request be granted~ seconded by Mr. DeLong. There was no discussion. Motion carried 5-0. Application for Permit to Solicit - Civitan Club Mr. Kohl said everything was in order and this is done every year. This was for general solicitation to sell f~uit cake for crippled children door to door. Mr. Wallace moved to grant the permit: seconded by Mr. Harmening. There was no discussion. Motion carried 5-0. Application for Permit to Solicit - Moose ~1257 Application - Lions Club - To Sell Christmas Trees Mayor Jackson noted that the fee was waived on the Lions Club applica- tion and Mr. Kohl said everything was in order with the above two requests. Mr. Haz~aening moved to grant the above requests~ seconded by M~. DeLong. No discussion. Motion carried 5-0. Complaints - 7 A.M. Starting Time for contractors Mr. Kohl said he has had a few complaints regarding 7:00 A.M. starting time for contractors because of the noise and he said he would like to bring this up at the neXt meeting regarding new starting times. Mr. Wallace referred to a past ordinance regarding noise and it was clarified that this complaint concerned the times and days involved. 19- MINUTES OF RF~LAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FlOR/DA, HELD AT CITY HALL, TUESDAY, DECEMBER 4., 1973. Approval of Bills Mr. Kohl road the following bills £or approval: Lauderdale Contracting - Periodic Estimate ~8 For Sewer System Expansion work for the periud 10/27/73 to 11/30/73. (Progress draying attached in the file). Payable from 1971 Series 5.9 $1, O00,000 Bond Funds. $ 4.5~738-20 RUssell & Axon -- Invoice ~8 - Job ~6858-8m III&CP Supe~ision and Resident Inspection of the City's Sewer System Expansion. Payable from 1971 Series 5.9 $t~000~000 Bond Funds 5,404-. 39 Lyons Construction Co. 11/10/75 - Waterline ±nstallation in vicinity of N.E. 7th Street. Payable from Htility General Funds per prior authorization. 58~954.00 .. George C. Davis A.I.A. For architectural sez~ices rendered per contract for Public Library and S. Fire Station Complex. Payable from Capital Imp. Fund g Fed. Rev. Sharing. 10,000.00 5. Touche Ross g Co. 2~500.00 For audit work 2nd. Progress Billing. Payable from 1500-298. The above bills have been approved and verified by the department heads involved~ checked and approved for payment by the Finance Directors funds are available in their respective budgets. Mr. Kohl recommended payment of these bills. Mr. DaLong moved to pay the bills, seconded by Mr. Harmening. No discussion. Motion carried 5-0. OTHER Mayor Jackson noted that the Boa~d dinner would be held on Thursday night, December 15, 1975. Mayor Jackson said Mrs. Florence .Sullivan who was a volunteer librarian for many years -- and the City's first librarian, was very ill. The Mayor suggested she be made an honorary member of the Library Board. Mr. Harmening moved to follow Mayor jackson's suggestion~ seconded by Mr. DeLong. There was no discussion. Motion carried 5-0. ~t- was requesCedthat the City ~ttorney prepare the necessary Resolution. Mayor Jackson noted that Mr. Startzman would like to meet with the City Council: including Mr. Strnad on Wednesday evening: December 5, 1975 - 20 - MINL~ES OF REGULAR 'CITY COLLNCIL MEETING OF THE CItY OF BOYNTON BEACH~ FLORIDA~ HELD AT CITY HALL~ TUESDAY~ DECEMBER 4~ 1973. at 7:~0 in the first floor conference room to apprise Council of various things concerning the Dedembe~ 17th meeting. Neither Mr. Kohl nor Mr. Simon was ~equested to at~.e/~.'d; MayO~ Jac. l?On asked Mr. Kohl to make sure the pres~ was adv~isea so they might attend. On behalf of the U~ited Boynton Civic League, M~. Vastine congratu- u~ ~o wished to Congratulate on De~a!r ,or ra/e sam~z,o .~, ~2h~: =~ ~h~ ~_~ ~c~ M~VOr and C0Uncil~an-eleCc Strnau. Mr. Wallace reojlested that a lette~ ~o. f_o_~th fr_om the C~i__t~_~ a~inistra- rive!y, to the Chamber of c,om~_~rce aiid all peop£e ¢onCe~ne ~ reco~ition of the Ch~istma~ Parade Which he felt was one of the finest in yearns. Council concurred. Mr. Wallace moved to adjourn, seeonde.d by Mr. Harmening. Motion carried 5-~. Meetin~ adjoi~ned at 11.21 P.M. CITY OF BOYNTON BEACH, FLORIDA Councilman - 21- CITY OF BOYE~f0N BEACH ) TO THE HONORABLE ~YOR AND COUNCII/gEN OF THE CITY OF BOY,TON BEACH, FLORIDA: We, the undersigned Clerks of the Gener~Election held on the 4th day of December, 1973A.D. for the purpose of electing two (2) candidates for Council, do hereby certify ~hat at such General Election the results CANDIDATES ~ ~S~ TOTAL G~ W. Winter ~6 ~ ~ ~/~ /q~ Write in Votes ~_ ~ ~ ~_ Absentee 5~ ~ /~ TOTAL VOTES CAST South Precinct Sworn to s~nd subscribed before me this 4th day of December, 1973. ~erk, North Pre~nct City Clerk STATE OF FLORIDA ) COUNTY OF PAI~ BEACH ) SS CITY OF BOYI~[fON BEACH ) TO THE HONORABLE ~5~YOR AND COUNCILMEN OF THE CITY OF BOYNTON BEACH~ FLORIDA: We, the undersigned Clerk ~and Inspectors of the General Election held on the 4th. day of December, 1973 AD for the purpose of electing two (2) candidates for Council do hereby certify that at such General Election, the total votes cast at the South Precinct -~ere: of which DavidRoberts Norman F. Strnad received ~ ~ votes received /~7~ votes John Frank White Garry W. Winter received 7 ~ votes received /O ~ votes WRITE IN VOTES THERE WERE SPOILED BALLOTS ABSENTEE BALLOTS And we, such Clerk and Inspectors, do make the foregoing as our return to you of the results of such General Election and we do declare the above sad foregoing to be the result of the General Election in the South Precinct. Clerk Inspector In~or Inspector Inspector STATE OF FLORIDA ) COUNTY OF PAL~ BEACH ) SS CITY OF BOYNTON BEACH ) TO T~ HONORABLE MAYOR AND COUNCIL~ OF THE CITY OF BOYI~20N BEACH, FLORIDA: We, the undersigned Clerk and Inspectors of the General Election held on the 4th day of I~cember, 1973 AD for the purpose of electing two (2) candidates for Council do hereby certify that at such General Election, the total votes cast at the North Precinct were: o£ which D~vid Roberts Norman F. Strnad John Fr~n~ ~Ynite Garry W. Winter received / ~ ~ votes received ~/ votes reeeived ,/~ ~_~ ~ votes received ~ /g2_~ votes T~ITE IN VOTES SPOIIED BALLOTS ~BSENTEE BALLOTS And we, such Clerk ~nd inspectors~ do m~ke the foregoir~ as our return to you of the results of such General Election and we do declare the above a~d foregoing to be the result of the General Election in the NorthPrecinct. Inspector Inspector ?]~n~ector Inspector ~R!TE IN CANDIDATES O. T. McLean L. R. Blackener Adam Smith Emily Jackson Earl Eundermark John L. Archie Donald Duck Stephen Kochakian Crazy Jack GRAND TOTAL NORTH _ SOUTH ! I ! 7,o ! 3 ~q