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Minutes 03-23-79MINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD AT CITY HALL~ BOYNTON BEACH~ PLOR!DA~ FRIDAY, MARCH 23, 1979 AT 5:30 P. M. PRESENT Edward F. Harmening, Mayor Betty Riscoe, Vice MaF~r David Roberts, Councilman Norman F. Strnad, Councilman Annette P. Tinker, Acting City Manager Tereesa Padgett, City Clerk James Vance, City Attorney Mayor Harmening called the meeting to order at 5:30 P. M. and announced it was a Speeial Meeting called in accordance with Section 56 of the City Charter. SPECIAL ELECTION Mayor Harmenin~ read the Proclamation in its entirety proclaiming that a Special L~imary will be held on May 15, 1979, and the Spec- ial Election will be held on May 29, 1979, to fill the one vacancy on the City Council for the remainder of the unexpired term of former Councilman Ron Johnson. Mrs. Riscoe referred to having the people come to the polls one time and not put an additional burden on them and read Section 17 of the City Charter to clarify the proper method of filling vacan- cies. However, at the mee~i~ of March 6, Mr. Vance was asked to clarify Section 51 of the City Charter and it was his opinion any- one appointed would be until the general election in December. Sometime between March 6 and March 20, Mr. Vance stated he re- quested an opinion from the Attorney General's Office. A date for the election was set for May 15. A day or two later, Mr. Vance received an opinion or checked Section 17 and prepared the proclamation which was just read. S~e presented both these sec- tions to her attorney and he disagrees with Mr. Vance's interpre- tations. Her attorney advised that State Law shall prevail and she referred to Florida Statutes 100.181 and 100.191 and read Art.6,Sec.1, eFlorid~a Qo~sti~ution that a general election shall be determined *See by plurality of votes cas~. If Mr. Vance persists in his opinion, she is advised to await the opinion from the State Attorney's Minutes office. She also read Section 141 of the City Charter for fur- 4/3/79 ther clarification. She summarized that what she is trying to say is we can conserve a little bit and have our constituents go to the polls one time. Mr. Vance referred to Mrs. Riscoe making two points. One was mn relation to the period of time, whether the candidates will run for the remainder of the term or until the next general election. Section 51 is unclear. Based upon that, he did write the Attorney General. However~ at that point in time, perhaps it was his oversight that he had not read Sectiom 17 which is quite clear. He then read Section 17 of the City Charter. This specifically says it shall fill the unexpired term. He has no question regarding the meaning of that particular language. MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 23, 1979 Mr. Vance continued that the second point that Vice Mayor Riscoe relates to is the procedure for conducting an election. We have a situation here in BoYnton Beach where we utilize a nominating procedure by election. He read Section ~38 of the City Charter covering this. Mr. Vanee elarified that in his opinion whoever wins this vacancy will fill out the term of Councilman Johnson. It is further his opinion the election procedure as oUtlinedin the proclamation just read is correct under the charter of the City of Boynton Beach. Mayor Harmening agreed it would be nice to have but one election assuming one candidate gets 50% plus one whioh Would save probably $2~800 to $27900 and the runoff costs approximately the same. Many places have the plurality procedure incorporated into their documents which we may want to look into. ,He feels it would be more applicable to a special election; however, we do not have it. If more than two candidates file, we will have to have two elections. Mm. Strnad questioned what happens in the event the Attorney Gen- eral gives a different o~nion than Mr. Vanee and Mr. Vance re- plied that he received an informal reply f~om the Attorney General to the effect they don't ruleon this type of question. According to Section 58 of the City Charter, the City Attorney is the proper party to make a ruling. He disoussed Section 17 with the gentle- man he talked 5o at the Attorney General's office and he concurred withhhis opinion. TOWING SERVICE Mayor Harmening announced this was put on the agenda because he wanted to be certain there was incorporated in the new agreement before going out for bids that any reoipient, the low bidder or person awarded the contract will have in their possession in the City of Boynton Beach the equipment in satisfactory and usable condition immediately prior to the effective date of the contract. The other reason was simply 'to find out if the Council had de- cided there was any Other action ~hey wished to take in regard to the proposed bid or contract. Mrs. Ri sooe replied that it was mystifing to her to see this on the agenda as she thought it was going back for bids. Mayor Harmening reQlied that he wanted to be certain the language was speeifio enough to protect the City in any eventuality as he explained. Mr. Stmnad questioned what he meant by the City bein~ protected and Mayor Harmening replied that it is essential to haQe the service ~vailable at all times to move wrecks and debris from highways in ease of accident. There is the possibility someone might bid low on the contraot and we would be inclined to award the contract without knowing they could fulfill the contract. -2- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA Y~ARCH 23~ 1979 Mayor Harmening continued that in the possible eventuality the low bidder could not fill the tsrms of the contract~ he wants tofforeclose any possible problem resulting to the City as a basis of awarding this contract to an individual who was not able to fulfill the terms of the eon~ract. He thinks the originally drawn contract was too loose and had to be tightened up to pro- tect the City. The new proposal seems to be adequate. In the event the low bidder who was awarded the contract is not in a position to fill the terms and agreemen~s~ the con~ract would be cull and void. Mr. Strnad asked if all bids would be required to be in the City and Mayor Harmening replied that he was speaking Of the wmeeker service and this is specific towing service. Mr. Strnad ques- tioned if a contractor bidding on a job such as building or painting must have their equipment in the City at the time they submit the proposal for bid and Mayor Harmening replied it would depend on the nature of the work being bid or expected to be per- formed. He explained how time was not always of the essence; but in this instanee~ they must be ready to perform when the contract is awarded as there could be a wreck the same day. The City would not be in a position to have someone available. He feels on this particular contract, it is necessary whoever receives the bid and is awarded the bid must have the equipment on the spot in town in ser~ble condition. Mr. Sullivan clarified that it is stated they must have the equipment prior to awarding of the bid or prior to the eon~ract. Mr. Strnad questioned whether this requirement was too stringent and Mr. Sullivan replied that he did not think it was too strin- gent. It is necessary to know they have the needed equipment. Mr. Strnad stated the Police Department could cheek the equipment before and that would preclude any tangle afterwards. If the person does not meet the requirements of the bid, then he is out. Mayor Harmening explained how someone may submit a bid based on aequiring the equipment if awarded the bid and Mr. Strnad replied if they don't have the equipment~ they don~t get the bid. Mayor Narmening agreed this is how it should be. Mayor Harmening added that it was also possible to include exper- ience factor where a person has to demonstrate ability~ experi- ence~ time, etc. if it is desired. He requested Mr. Vance's opinion on this and Mr. Vance replied that standards can be in- eluded as long as they are not tailored for one particular group. Normally on this type of contract where an applicant has to utilize equipment to perform the job~ he is bidding on, there is a requirement to have such equipment and the equipment must be listed available to perform the job. Mayor Harmening agreed this is the approach taken in the new bid proposal. -3- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH: FLORIDA MARCH 23, 1979 Mr. Sullivan c~rified in this revised edition, they have asked for the bidder to b~ able to handle all situations in the City, but have not asked for a certain number of each type of equip- ment. All needs of the City must be met from a bus to a Volks- wagon. Mayor Hammening asked how this ties in with the require- ments under the CDC contract and Mr. Sullivan replied th&s would be up to the Police Chief. Mr. Strnad stated he would like to have the person checked out before being able to acquire the bid and whether they have the proper equipment to do the job. Mr. Vance stated that usually the specifications are presented to whoever is interested in bidding. Once the bid is received, the adequacy of their equip- ment is checked because they have stated they have it. Mayor Harmening stated theme are provisions for this in the new con- tract and Mr. Sullivan agreed. Mr. Roberts questioned the action to be taken and Mayor Harmening replied that he presumed the only aetion necessary would be to direct the City Manager to be certain to use the new bid specifi- cations in any proposed future bid for towing service. Previously she has been dimec=ed to go out for bids and these are the bid specifications to be used. Mr. DeVries came before the Couneil and stated a situation just happened recently with a bidder submitting a bid and claiming he had several pieces of equipment and claimed the job could be done at a lessor price than they could. Their feeling was this man was blowing smoke and did not have anything. They felt it was an unfair situation. This could happen again with someone bidding saying they could perform and have the proper equipment and this is not fair as they have all the~u~pment. If a person is in a position to bid for emergency service such as this, they certainly should be able to show the goods at the time of the bid because it is extremely important to the eitizens of this town. Mr. David Pranklin~ President of Boynton Wrecker Service, stated they have the equipment available and have spent $179~000. Other wrecker services do not have this and it is fine Mr. Davis says he does have it, but they have not seen it. They also have a PaUDr stating Mr. Davis has nothing in this City~ no lot~ license or anything. He would like to present these statements for the Counci!?s review. Mayor Harmening explained that this is what he was trying to preeiude fmom happening again. Mayor Hammening asked if someone eared to make a motion that the bid specifications as re-drawn would be the ones to go out for bid and Mrs. Riscoe replied that she finds th/s highly improper. We are being asked to sign something we have not seen and Mayor Harm~ning replied that no signatures are required and he requested Mr. Sullivan to read the pertinent changes. Mr. Strnad suggested that it be prepared pmoperly, presented to the Council for review and Mayor Harmening agreed. MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 23, 1979 Mayor Harmening suggested that it would be proper to instruct the City Manager not to go out for bids on the towing until the new contraet has been approved by the Council. Mrs. kiseoe so moved, seconded by Mr. Strnad. No discussion. Motion carried 4-0. WORDING OF STRAW VOTE - RE: PROPOSED GOLF COURSE Mayor Harmening asked if there was any input regarding the wording on the question of the straw vote on the mun/cipa! golf course and Mrs. Riseoe replied there was no problem, but suggested that it be read again. Mayor Harmeninq read the question contained in the Proclamation. Mr. Roberts questioned whether the feasibility study should be mentioned and Mrs. Riscoe replied that she did not think any money should be mentioned. Mr. Roberts referred to there being a blank signature space on the Proelamation and suggested having a roll call vote. Mrs. Riscoe replied that the blank is hers. She is completely in favor of the golf oourse~ but is not in favor of the other portion. She does not think we have to put the taxpayers to a double election. Mr. Vance advised that the Pmoelamation was approved since a majority of the Council concurred. APPROVAL OF BILL Mr. Vance informed the Council that this involves the eonstruction contract in relation to some tennis courts built for the City. They have obtained a restrioted letter of credit in support of this, but it contained one error. It should have listed 2 tennis eourts~and only listed Galaxy Park, but it is being corrected. He recommends approval of the bill subject to his receiving a corrected letter of credit. The amount of the bill is g17~789.95. Mayor Harmening announced that the Chair entertains a motion to pay the bill subject to the attorney's ruling upon receipt of the adequate eorreetion. Mrs. Riscoe so moved, seconded by Mr. Roberts. Under diseussion~ Mrs. Tinker questioned whether this was subject to correction on the letter of credit or just ontthe bill for Galaxy Park and Sara Sims Park and Mr. Vance explained that the letter of credit says Galaxy Park and dropped Sara Sims Park and that is the only correction. Motion oarried 4-0. ADJOURNMENT Mr. Strnad moved to adjourn~ seconded by Mr. Roberts. Motion carried 4-0 and the meeting was properly adjourned at 6:10 P.M. -5- MINHTES - SPECIAL CITY COL~NCIL MEETING BOYNTON BEACH~ FLORIDA MARCH 23~ 1979 CITY OF BOYNTON BEACH~ FLORIDA ATTEST: Vice Mayor Councilman Counciiman City Clerk Recordinq Secretary (One TaPe) -6- PROCLAMATION We, the undersigned Mayor and City Council of the City of Boynton Beach, Florida, purauanv ~o Section Si of City Charter, do hereby pro- claim that a Special Election will be held ~o fill the one vacancy on the 2ity Couneil for the remainder of the une×pired term of former Councilman Ron Johnson. The Special Primary will be held on May lB, 197~ and the ~peeial Election will be held on May 29, !979. Persons wishing to file for this office must do so by April 25~ 1979. If no more than vwo candidates file for this office, only one eleetion will be conducted on May 15, !979, and it will be the Speeial Election for the office. straw ballot will also be conducted au the May 15, 1979 election on the following question: Are you in favor of having the City of Boynron Beach eonstruc~ a municipal golf course faoility~ provided land ean be obtained by the City~ without cost, from the Board of County Commissioners of Palm Beach County~ and further provided that the cost of constructing the ~olf course will be paid solely from a revenue bond issue (that is~ golf club membership and green fees) and not from ad valorem property vaxes or other lity The voting hours are between 7:00 A.M. and 7:00 P.M. on the said Precinct 141 - Precinct 14S - Preeinet 146 - Precinct 147 - Precinct 149 - Precinct 1S3 - Precinct 155 - Precinet 1S6 - Precinct 157 - Precinct L58 - Preeincr 160 - Preeinet 161 - dates. The Polling Places are hereby designated as follows: Precinct 139 - Rolling ~reen Elemenvary School SS0 Miner Road Sterling Village Recreational Building ~00 South Federal Highway Royal Palm Village Community Hall SS4 N. E. 22nd Avenue Galaxy Elementary School 461 N. W. 2nd Avenue Civic Center 12~ East Ocean Avenue Palm Bese~ Leisureville Commmaity Clubhouse ~3 2002 S. W. l~th Avenue Palm Beach Leisureville Community Clubhouse ~1 100~ West Ocean Dr. Foresv Park School 1201 S. W. 3rd Street Knights of Columbus Buildin~ 3314 Old Dixie Highway St. John's United Methodist Church 3215 N. Seaeres~ Blvd. High Point Clubhouse ~a 215 High Poin~ Blvd Forest Park School 1201 S. W. 3rd Stree~ Kn~chts of Columbus Building 3314 Old Dixie Highway CITY 0F BOYNTON BEACH. FLORIDA ATT ST: ~City Clerk ~'(SEAL) Vice Hayer