The Miami Herald from Miami, Florida • 101

2B The Miami Herald Wednesday' Jan 13 1982 Leafy green branches were changed into icy claws DAMAGE From IB the harsh schedule on Monday Workers set up sprinklers stoked oil fires then when the sun set began a grim all-night vigil pf the thermometer For hours Legum and -six employes combed through fields ot ficus and scheffelera dark greeq plants given frosty caps by continuous watering through the night They began sprinkling about midnight to create a buffer againstt colder temperatures By morning the ice had fashioned the leafy green branches into long frozen claws could make a chandelier out worker Dave Terry said pulK ing a frozen bush from the field Legum figures he beat back damage with the sprinkler system But' the cold water blanket will hurt the plants undoubtedly have damage from the weight of ice pulling down on the he said other stuff from the freeze have td Sugarcane growers also were waiting Tuesday morning not only to assess damage they believe will exceed the $45 million lost in 1977 but to see what the next weather would bring much depends on the weather from here on said Harry-Vaughn exeuctive vice president of US Sugar Corp worse thing that could happen is for the temper? atures to warm up and for us to get-rain Heat will just cause fermentation in the fields and cause a loss of sugar content" i Chris Pampaneri of the Florida Sugarcane League said this cold will just intensify the damage caused by two freezes that touched the Glades in mid December third of the crop had already been she said still projecting a harvest over a mil: lion tons of raw sugar We were projecting a record crop over last 1184 tons Whether be able to make that now have to see" JOHN PINEDA Miami Herald Staff Marie Recek 15 eyes the ice Tuesday that formed on the windshield of her truck in the Jupiter Farms area Tuesday in Palm Beach County Boca church return to drawing board looks like back to the drawing City Attorney A1 Galbraith By RANDY LOFTIS Herald Staff Writer It usually news when the Boca Raton City Council gives use to a building program as it did Tuesday night to Spanish River Presbyterian Church and St Andrews School But for one Boca church the mundane procedure of submitting site plans and making promises regarding land-use parking spaces and landscaping has taken on deep meaning Woodlands Park Baptist Church a small fundamentalist congregation on St Andrews Boulevard has failed in what may be its last attempt to convince the courts that the approval procedure violates religious freedom The US Supreme Court on Monday refused without comment to hear the argument that its private school Woodlands Christian Academy need the permission to stay in operation The Rev Jerry Peterson the sandy-haired pastor and the lawyers insist that the school is part of the ministries and therefore is exempt from city That could mean a jail term for Petersori who has vowed repeatedly to go to jail rather than submit to the authority Lawyers for the church told the Supreme Court that act of applying for the conditional use permit necessarily means that the city of Boca Raton has the ability to officially approve or condemn the curriculum being used at the church school" 1 1 Galbraith noted however that the city has never sought any control over the curriculum only its compliance with land-use laws building and safety codes and related matters Furthermore the church applied for and received conditional use approval for its church building several years ago looks like back to the drawing with the church coming to the city for conditional use approval Galbraith said they a possibility" Galbraith said of contempt proceedings adding that he go back to court they just flat-out refuse to come in rather not talk about jail for Peterson right he said Peterson could not be reached for comment Every judge the church has appeared before has reached a different conclusion: that the church must submit to the authority to regulate its compliance with zoning and land-use laws Palm Beach County Circuit Judge Marvin Ev Sholts has ordered the school closed until it applies for conditional use approval but suspended the order until the Supreme Court acted With legal appeals now exhausted City Attorney A1 Galbraith said Monday he will wait for the church to file the application before he asks Sholts to enforce the order If the church refuses Sholts could cite Peterson who has been in court before regarding health-code violations and running an unlicensed day-care center at the church for contempt of court Boca council illegally altered retirement system suit says contention is that that change would have to be approved by the Attorney Myles Cypen Bones of murder victim found The skeletal remains of man who died from a shotgun blast at least two months ago have been found 50 feet north of Okeechobee Road west of West Palm Beach A passerby found the pile of bones and clothing just west of the intersection of Okeechobee and US 441 shortly before 1 pm Monday and called Royal Palm Beach police who confirmed the find and called deputies Palm Beach County Medical Examiner Hugh Dortch Jr determined that the man was killed by a shotgun blast Although the remains do not establish how many times the victim was shot Dortch said two shell casings were found at the site From pellet holes and a few pellets that remained in the bones Dortch concluded the man was shot from behind in the right shoulder Department Detective Sgt Tom Thompson said the victim was a black male 5-feet-8 to 5-feet-10 about 30 years old He wore rust-colored pants no belt a V-neck T-shirt a pair of high-top desert boots and a floppy-eared camouflage-colored hat No identification was found Teen charged with murder The Palm Beach County State Office has filed a second-degree murder charge against a 16-year-old boy accused of killing a 17-year-old Boynton Beach resident a Department spokesman said Though deputies' would release neither the nor the name a funeral home spokesmen said the victim was Ronald Major of 32 NW 12th Ave At 11:06 pm Friday deputies answered a call at NW Third Street and NW Third Avenue and found Major lying in the middle of the street with two bullet wounds He was taken to Bethesda Memorial Hospital where he died the next day at 11:45 am Saturday from the gunshot wounds Police arrested the 16-year-old on Friday and charged him with aggravated assault On Saturday after Major died from the shooting prosecutors changed the charge to second-degree murder Worker dies from beating A National Linen Co production supervisor was charged with manslaughter after one of his workers beaten badly last Thursday evening lapsed into a coma and died at St Hospital in West Palm Beach Curtis Hunt 47 of 1833 Douglas Ave No 5 confessed to Detective Sgt James Miller that he up and down several on the chest of employe George Morris according to court documents At 8:16 pm on Jan 7 the two men were at residence 1709 Tamarind Ave when they got into a fight court affidavit says Morris 34 was rushed to St He went into surgery on Jan 8He lapsed into a coma that night He died at 7:25 pm Saturday Less than an hour earlier court records say Hunt walked into the West Palm Beach Police Department and surrendered He said Morris started the fight Opponents seem to agree How do you keep a wild 18-square-mile swamp -known as the water catchment area pristine? From this courtroom exchange Tuesday think Joseph Metzger a lawyer for the City of West Palm Beach and Robert McDonald a 30-year-veteran airboat enthusiast are in agreement: Metzger: "So a very beautiful place McDonald: a good tourist you want to keep it that way am insistent on While they say they have the same goal they were on opposite sides of a lawsuit McDonald president of the Palm Beach County Airboat and Halftrack Conservation Club filed to force the city to let airboats back into the city-owned property west of town City commissioners last October banned airboats On the day the city was enjoined from enforcing its ban commissioners passed a new ordinance banning almost every recreational use so as not to discriminate against airboat jockeys 1 and all in the system trustees have the authority to approve changes and now the city comes along and passes a change without the said Myles Cypen a Miami Beach lawyer who filed the court papers for the trustees contention is that that change would have to be approved by the trustees" Cypen said City Attorney A1 Galbraith said he suggested the changes because no board can have veto power over City Council actions Galbraith had no comment Tuesday on the suit The suit also alleges that the council improperly combined the required public hearings on the separate ordinances dealing with the Police and and the General pension plans Minutes of the Oct 13 meeting do not reflect separate hearings on the ordinances By RANDY LOFTIS Herald Staff Writer The trustees of Boca Police and Retirement System sued the city Tuesday charging the City Council violated its own ordinances by taking away the authority to approve retirement system changes In a suit filed in Palm Beach County Circuit Court the trustees asked Judge Paul Douglas to declare the action invalid and reaffirm the authority1 The suit stems from an ordinance passed by the council Oct 13 which took away the power to approve or veto changes in the pension plan Under the new ordinance which passed 3-2 with Deputy Mayor Carol Hanson and council member Cormac Conahan objecting the trustees could merely advise the council on the changes In a separate ordinance the coun- Cil made the same change in the powers of the General Retirement System Both ordinances were formally billed as the powers relating to changes in the provisions of the pension plan and changes in the administrative rules of the board of The Police and trustees claim that by not submitting that change in power for the approval the council violated the old ordinance which gave the trustees the right to approve Commission seeks control of cash also voted to instruct their staff to prepare a plan for the long-term investment of funds in certificates The County Commission however has no authority over the selection of a general depository says County Attorney Charles Schoech though the commission can take control of the long-term investment of money in certificates of deposit like to see us set up a procedure and request the clerk to follow said Bailey arguing that closed bids for the general county account would assure all banks get a fair and equal opportunity to be Dunkle argues that it is not unusual for county officials to use their discretion in banking affairs He notes that the commission has picked trustees for county bonds without closed bids and without sticking to the lowest offers As for his own procedures Dunkle said: very proud of the other' banks within the county the opportunity of servicing the board of county commissioners" Dunkle said he expects to pick one of the banks by Feb 15 with a decision based on information provided in the proposals plus such additional factors as we deem But Bailey arguing that Dunkle has too much discretion in the selection of a successor to First National says the other proposals should be sealed like normal county bids and the account should be awarded to the best bidder me that gives the office complete discretion to accept whatever proposal is Bailey said think really it should be on a closed bid On motion Tuesday commissioners voted to ask Dunkle to seek closed bids for the consolidated bank account They ways Most of the interest last year came from longer-term investments usually for 30 to 100 days in of with area banks and savings and loan associations More than $700000 of the interest earned last year came from daily overnight investments of extra cash at the general depository First National Bank in Palm Beach First National has had the account for four years and Dunkle recently asked area banks to submit proposals for taking over the account for a while a big account with an average daily balance of $3 million and an average of 3300 checks written against it each month feel it is in the best interest of the citizens of Palm Beach said Dec 21 letter to several banks again offer to By MARK SILVA Herald Staff Writer At the urging of Commissioner Bill Bailey the Palm Beach County Commission Tuesday moved to exert control over some of the investment of the multimil-lion-dollar treasury It appeared unlikely however that Clerk of Courts John Dunkle whose office serves as both accountant and investment banker for the funds will readily loosen his grip on the daily or longterm management of county money very proud of this" said Dunkle waving a report of the $175 million in interest earned last year by his handling of the funds people have worked diligently and honestly for an investment program that is above reproach the saying? If it broke fix The county earns money in two.