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Minutes 08-03-76MINUTES OF REGULAR CITY COb~tC~ I~TING OF TM CiTY OF BOYNTON BEACH, FLOR~A, ~ELD IN CIT-~ HALL, T~ESDAY, AUGUST 3, 1976 PRESENT Joe DeLong, Mayor Joseph F. Zack, Vice M~ffor Edward F. Harmeni~g, Co~u~cilman Emily M. Jackson, Councilwoman Norman F. Strnad, Councilmmn Frank Koht, City Manager Robert B. Reed, City Attorney Tereesa Padgett, City. Clerk Mayor DeLong welcomed everyone and called the meeting to order at 7:30 P. M. He requested everyone to arise at the sound of the gavel for the invocation given by Pastor RebySnider, Boynton Baptist Temple, and to kindly remain st~ding for the Pledge of Allegiance to the Flag led by Vice Mayor Joseph F. Zack. Announcements Mayor DeLong referred to no announcements listed on the Agenda, but ~unounced that he received a last minute call pertaining to the Boynton Beach Little League All-Stars. They ~e no~ entered into the tournaments having won the district champion- ship. They are requesting the City to defray the expense of the team to travel to the ch.ampionship games. He read the schedule for the weekend and the costs estimated to oover same. He then requested the pleasure of the Council members regard- ing this request. Mr. Strnad moved to request the City to appropriate the funds necessary to bring the Little League along on their journey towards winning this championship. ~s. Jackson seconded the motion. Mayor DeLong clarified that it had been moved sm~d seconded to i~struct the City Manager to defray their expenses as needed. Under discussion, ~s. Jackson remarked that this is the first time in the history of Boynton Beach that they have won~ the district championship e~d she thir~ks they should be proud of them. Mayor DeLong agresd. Motion carried 5-0. MINUTES Regular City Counci! Meeti~ug - July 20~ 1976 As customs~y, M~yor DeLong started on his right for comments~ corrections, additions, etc. M~. Zack ~d M~. Harmening passed. ~rs. Jackson referred to Page 15 before Administra- tive and at this time, she asked the Mayor to a~unounce a special meeting the next day at 9:00 A. M. smd she added she would like to announce tonight that there is a special meeting tomorrow at 3:00 P. M. ~. Strnad passed. M~. Harmening moved to adopt the M~nutes of July 20, 1976, as corrected, seconded by M~. Zack. Motion carried 5-0. MI~T~TES - REGUL~M CITY COUNCIL M~.aETING BOYNTON BEACH, FLORIDA AUGUST 3, 1976 Special City Council Meeting - July 21 ~ 1976 ~yor DeLong proceeded as usual and ~. Zack stated that he ad a question before proceeding with the minutes. He asked if the minutes were t~uken from the tads o~ the secretary's notes amd Fr. Eohl replied that he believed from the tapes. Mr. lack continued ~that after going over the minutes of July 21, 1976, pertaining to the budget, he found that a number of items had bsen !eft out. He requested the following items to be listed for a mattsr of record in the minutes of July 21, 1976: "Salaries paid~ other Cities for the duties of a City Manager for year 1975-1976: Delray Beach - $28,500 and the use of City car. Pompsno Beach - $30,450 and the use of City c~. Riviera Beach - ~24,900 for acting City Manager. (New City Manager will st~t between $21,000 to $28,000 and a City car.) Deerfield Beach - will start anywhere between $20,000 to $25,000. (The former City Manager was earning $29,827 and $75.00 monthly car allowance.) Boca Rat6n - $30,000 and the use of City car. Lake ~orth - $28,433 and $150 monthly car allow~uce. ~est Palm Beach - $30,606 an8 the use of City car. Boynton Beach - $2~,500 and $100 monthly car allowance. "Salaries of Department Heads in the City of Boynton Beach for 1976-1977: Deot~ Utilities Police Chief Fire Chief Personnel Recreation Finance Engineer General Service City Clerk Water Dist. Salary 23 ~37 23 937 22 888 22 888 22 683 22 230 2~ 8t8 :20 011 19,765 ~ 9,695 Employees Ce:~ Allowance 3 1,200.00 96 City Car 40 City ~ar 4 300. O0 53 1,020.00 9 400.OO I ,200.00 8 300.00 t3 .... ~. lack continued that the reason he had these figures avail- able was to substantiate his motion for the increase to the City Manager. Mayor DeLong ruled that if in the event any member of the Council at any time feels as though there ~any important suggestions left out of any minutes where they are involved or not involve~, they may review the tapes e~d come back and have their request included in the minutes. He asked -2- M~JTES - REGU ~LAR CiTY COUNCIL M~ETT~G BOYNTON BEACH, FLORIDA AUGUST 3, 1 976 if ~. Mack wa~uted these incorporated in the ~nutes and ~. Zack replied: yes. Mayor DeLong then requested that he give a copy to the secretary. M~. Strnad questioned whether the minutes were taken from M~s. Kruse's Shorthand or the tapes and Mr. Zack added that possibly they could get together with the short~d and check the differences. (M~s. IIruse tried to inform them that all the ~minutes she types are t~en from her shorthand notes only emd she does not listen to the tapes at all.) ~. Harmenir~ passed. M~s. Jackson referred to Page ~ and advised the word should be: "aide". She referred to the next page, second parsgraph~ sixth line down, which skould have: "could have full time City Attorney'. She re- ferred to ~o lines down and she said: "It had been in writ- lng with the previous attorney~. She referred to Page ]1, line three, and ~here should be a word inserte~ so it reads: "should have only'~. She continued with referring to the third paragraph, f~Ms~ line which should read: ~M~rs. Jackson then referred to ~t~lm~es s~d t~ng surplus®mone~ twice year from the sin_~ing zund.- She referred to ~e~,l~ and corrected the spelling to: ~aide~. M~r. Strnad passed. Mayor DeLong anno~ced a motion was in order to accept the minutes as corrected by Vice ~yor Zack and Councilwoman Jackson. ~. Harmening moved to adopt the !!inut~s of the Special Meeting of July 2~ 1976, as corrected, seconded by M~. Mack. Motion carried 5-0. ~JBL IC AUD_rENCE Mayor DeLong requested anyone wishing to discuss any item on the agenda to please step forward and give their name to the City Clerk, ~s. Padgett, and advise what item and when that be- comes the particular order of business, the City Clerk will call upon them. He then asked if anyone in the audience wished to address the City Council and received no response. BIDS One (t) Field Portable Biomedical Telemetry and Voice Co=~uni- cations Unit-- Fire Department M~. Kohl informed the Council that bids for the above were opened On July 26, ~976, at 3 P. M. in the Office of the ~ar- ~hasing Agent. The Tabulation Committee reconumends accepta_nce of the low bid from Biocom, Inc., Culver City~ California, in the amount of $4,350. Funds are available in Federal Revenue Sharing 001-81 t. The Tab Sheet is on file. Mr. Bill Sullivan, our purcaas_n~ agent, has requested the affidavit from Biocom -3- MINUTES - REGULAR CiTY COB~C_TL MJ~ETING BOTNTON BEACH, FLORIDA AUGUST 3, 1976 and this should be here within seven to ten days due to the distsa~ce. He concurs with the recommendations of the Tab Committee a~d requests the aws~d be made to Biocom subject to receipt of the affidavit. rms. Jackson moved to accept the recommendation of the City Y~nager e~d Tabulating Committee mud award the bid to Biocom, Znc. in the amount of $4,350 for one Field Portable Biomedical Telemetry and Voice Communications Unit. M~. Zack seconded the motion. No discussion. Motion carried 5-0. One (1) Continuous Forms Burster Mr. Kohl referred to requesting bids on this previously and awarding the bid, but the model was no longer manufactured. Mrs. Jackson questioned whether they should reject the prev- ious bid before going out for another bid and M~. Reed asked if this is what had tM~en place before? Mr. Kohl infor,~ed him that they received a letter from the company that they were not ma24ing that particul8~ model Sday longer and they went out for re-bid to all the companies. ~. Kohl stated that bids for the above were open on July 30, 1976, at 9 A. M. in the Office of the P~rchasing Agent. All requirements have been met. The Tabulation Committee recom- menas acceptance of this bid from Ta~ Products Co. of Hallan- dale, Florida, in the amount of $2,830, This is a budgeted item and fu_uds are e. vailable in account No. 030-902.~I. The bids received from N.CCR. and UARCO did not meet specifica- tions. The Tab Sheet and a~fidavit from Tab Products are on file. He concurs with the recommendation of the Tabulation Committee. ,.Mr. Sack moved to accept the recommendation of the Tabulation Committee and award the bid to Tab Products Co. in the amount of $2,830 for one Continuous Forms Burster° ~¢¢s. Jackson seconded the motion. Under discussion, M~. Harmening stated he would like to know in wha~ respects the N.C.R. For~,~s Bur- ster did not comply with the specifications and referred to there being qui~e a difference in price. Mayor DeLong called upon M~. Sullivan to reply. ~4~. Sullivan informed him that the main difference with the N.C.R. and U~C0 is that both had a fixed speed machine and they asked for a varian~ speed machine. Tab and Moore met the specs to regulate the speed. He further explained how this was an important function. He added that the U-~CO bid was for a used machine also. Motion carried 5-0. Mrs. Jackson made a motion to move from the regular order of business until 8:00 ~ud proceed to Legal, seconded by Harmening. ~tion carried 5-0. -4- M~hv2~S R~GUL~,~ CTTY ~OUNCIL h~.ETING BOYNTON BEACH, FLORIDA AUGUST 3, ~976 ~GAL Ordine_uces - 2nd Reading - Public Hearing P~oposed Ordinance No. 76-24 - ~: To Place Responsibility for Installation of Safety Enclosures Around Swimming Pools Upon Owner of Record ~. Reed read proposed Ordine~uce No. 76-24 on second reading by caption only. Mayor DeLeng asked if anyone present wished to speak in favor of this ordinseace and received no response. He then asked if anyone present wished to speak in opposition to this ordinance and received no response. ~s. Jackson moved the adoption of Ordinance No. 76-24 on second and final reading, seconded by Mr. Zack. Under dis- cussion, M~. Ha_~mening referred to mot being in favor of the basic ordinance, but since being modified, it does give some relief to some of the tenants. However, he thinks the whole basic ordinance was unnecessary. }~s. Padgett then took a roll call vote on the motion as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack Aye M~yor DeLong - Aye Motion carried 5-0. ~oposed Ordinance No. 76-26 ,Payments on the First Day of ~ccrues - RE: To Provide for Annual the Month in Which the Same ~. Reed read proposed Ordinance No. 76-26 on second reading by caption only. Mayor DeLong asked if anyone present wished to spe~k in favor of this ordinance and received no response. He then asked if anyone wished to speak in opposition and received no response. Mm. H~rmening moved the adoption of Ordinance No. 76-26 on seconm arid final reading, seconded by ~. Zack. No discus- sion. ~s. Padgett took a roll call vote as follows: Councilman Hemmening - Aye Councilwoman Jackson - Aye Councilman Strnad - ~ve Vice Mayor Zack - Aye ~yor DeLong - Aye Motion carried 5-0. MI~JTES - R~GULAR CITY COUNCIL MEETING AUGUST 3, 1976 BOYNTON BEACH, FLORIDA Ordin~uces 1st ReadinE Mr. Reed asked if it would be the pleasure of the Council to read the ordinances by caption only on the first reading or in full? ¥~. Strnad made a motion to read by caption only. Fps. Jackson replied that she felt it would be all right for this one, but feels it is a disservice to the oublic to read all by caption only. Mayor DeLong stated that-they were pub- lished in full and Mr. Reed informed him that they were oub- lished by caption only. Mayor DeLong requested his recommen- dation and ~. Reed replied that it Was at the discretion of the Co~cil and it is legal to read by caption or in full. Ms. Zack then seconded the motion. ~. Strnad stated he fe2~ if the people wer~ interested in a particula_~ ordinance, they will get a copy of the ordinance and read it later. He re- ferre~ to listening to ordinances being read and explained how he obtained more from reading it himself. ~ysr DeLong added that the ordinances were posted on the bulletin~ board. Mu. Harmon!rig sgreed that the caption gave a brief but explained how certain parts of theordinance~may be of interest but cannot be noted fromtthe caDtion. He thi~w~ they should read short ordinances as a service to the pnblic to keep them better informed. ~s. Jackson referred to having a public hearing on the previous ordinance and stated she did not believe the people Lu the audience knew what it was. Mayor DeLong replied that when they are interested, they know what it is. Mss. Padgett ~hen took a roll call vote on the motion as follows~ Couucilman Harmening - Councilwo~u Jackson - Councilman Strnad Vice Mayor Zack Mayor De~ong Motion carried 4-1. No Yes on this one, but she prefers to have them all read. ~e Aye Proposed Ordinanze No. 76-33 - R~: Amending Various Sections of Chapter 15 for the Control of the ~un~cmo~l License Dept~ M~. Reed read proposed Ordinance No. 76-33 on ~mrst=' ~ea~mng~ "~ by caption only. ~'~. Zack moved '~ ~ ~= t~e adoption of proposed Ormmn~ce No. 76-33 on ~lrs~ reading, seconded by M~. Strnad. Under discussion, M~s. Jackson stated that she believes the C_oy~ Manager is loaded down with things to do now and she sees no reason for ch~ging~ ~this and she is going ~o vote no. __w~. Harmening stated tn~t for years, this City has issued licenses through the City Clerk and he has heard no complaints and has only -6- MZNUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH~ FLORIDA AUGUST 3, 1 976 heard good things ~ud he sees no need to change it whatsoever. M~yor DeLong stated that he believed this particular transfer was not going from the City Clerk,s Office, but this particu- lar function was supposed to be under the Building Depe~tment. M~. Kohl informed him that the inspector was under the Build- ing Department, but the clerk was under the City Clerk. Mayor DeLong clarified that it was not a~ updated ~r ~pgraded proce- dure. Mr. Earmening stated he thought the way the ~stem operated in the past was in the best interests for everybody in the City and displayed remarkable efficiency, Mayor DeLong suggested that they give this chan~e a chance for several months. M~s. Padgett then took a roll call vote on the motion as follows: Councilman Karmening - No Councilwoman Jackson - No Councilman Strnad - Aye Vice Mayor Zack - Aye ~yor DeLong - ~ye Motion carried 3-2. I~yor DeLong announced a motion was in order to revert back to the regular order of business and conduct the P~blic Hear- ing. ~. Strnad so moved, seconded by M~. He~mening. Motion carried 5-0. PUBLIC KEAR I~G Address: Request: Applicant: 2624 North Federal Highway Rezone to C-4 from C-3 Amos & Kathryn M. Hudson ~. Kohl informed the CounciI that all legal requirements have been met on this request. They are in receipt of all documents; however, the Planning & Zoning Board at their meeting of July 27 by unanimous decision denied the above request. The Board,s decision was based on the following criteria: 1. This would be a down grading in zoning. 2. This recuest was adjacent to an R-I~A zone. 3. There i~ an existing orderly pattern of zoning. 4, This would constitute spot zoning. May~r DeLong asked if anyone in the audience wished to spe~k in ia¥or of this request and received no response. He then asked if anyone was opposed and received no response. ~s. Jackson stated she believed the Planning & Zoning Board gave this a great deal of thought and she agrees with them. -7- MINU_ES - REGULAR CITY COUNCIL ~ETING AUGUST 3, 1976 BOYNTON BEACH, FLORiDY_ ~s. Jackson moved to accept the recommendation of the Plan- ning & Zoning Board and deny this request from Amos and Kathryn Hudson to rezone certain property from C-3 to C-4. Mm. Zack seconded the motion. No discussion. Mrs. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Back - Aye Mayor DeLong &ye Motion csmried 5-0. ~. Harmening moved to revert to the regular order of business beginning with Legal, seconded by Mx. Zack. Motion ca_wried 5-0. LEGAL Ordinances - 1st Reading (Continued) Proposed Ordinance No. 76-34 - RE: Amending Section 84 of the Charter - Determination of Amount of Money Necessary for 0per- ation~of the City No Latsr Than the Third Tuesdey in September ~f Each Year M~. Reed read proposed Ordinance No. 76-34 on first reading by caption only. ~. Back moved the adoption of proposed Ordinance No. 76-34 on first reading, seconded by ~. Harmening. No discussion. Mrs. Padgett took a roll call vote as follows: Councilman Harmening - Councilwoman Jackson - ~ye Councilman Strnad - Aye Vice Mayor Zack - Aye Me~yor DeLong - kye Motion carried 5-0. Proposed Ordinance No. 76-35 - RE: Adopting a Budget for the Fiscal Year Begim_uing Oct. ~ 1976 & Ending Sept. 30, ~977 ~. Reed re~.d proposed Ordinance No. 76-35 on first reading by caption only. M~. Back moved the adoption of proposed Ordinance No. 76-35 on first reading, seconded by Mm~. Strnad. Under discussion, M~. Harmeniug referred to the attachment from the City Attor- ney setting forth the amount of re~mneration, special fees -8- Mi~ES - i~GuLAR CITY COUNCIL BOYNTON BEACH, FLORIDA AUGUST 3, t976 for special cases, fees for bond validations, s~ud also a con- tract being included. With these being incorporated into the budget, he does not feel he c~_u vote for the budget° Basically he does agree with it. M~s. Jackson added that in reference to this, she has a letter from the office of the City Attorney s~ving a retainer agreement is all right. However, she remem- bered something that happened in ~971 and she went to the County law library ~d then quoted a certain statement from a law book. This means they cannot do it and she is opposed to this. Mr. gack reolied that he believed the rets~ner was p~etty clear in that either party may cancel within 30 days. Mrs. Jack, on stated that the night the people are installed as officials of this City is the night they are supposed to a~ppoint a City Attorney. This is stated ~u the Charter and with this method, how can they give 30 d~ys notice? ~s. Padgett then teok a roll call vote as fellows: Councilman'Harmening - No Co~&ucilwoman Jack, on - No Councilman Strnad - Vice Mayor Zack - Aye ~yor DeLeng - Aye Motion carried 3-2. Proposed Ordinance No. 76-36 - RE: Fixing a T~ M~!lage for Fiscal Year Beginning Oct. 1, 1976 & Ending Sept. 30~ 1977 M~. Reed read proposed Ordinance No. 76-36 on first reading by caption only. ~. Zack moved the adoption of proposed Ordinance No. 76-36 on first reading, seconded by F~. Strnad. Under discussion, ~ Harmening referred to this ordinance merely being the underpainting of the orevious ord~uance and in order to be consistent, he cannot vote for this one. Mrs. Padgett took a roll call vote as follows: Counciiman Harmening - No Councilwoman Jackson - No Coo~cilman Strnad - Yes Vice M~or Zack Yes MsJor DeLong Yes Motion carried 3-2. ~o~oosed Ordinance w _ ~o. 76-37 - RE: Amending Section 2.4-8 of ~hapter 2 ~staolmshmng Revised Municipal Personnel and Equip- ment OrganizationaI Chart .. M~. Reed read proposed Ordinance No. 76-37 on first reading by caption only. -9- MINUTES - REGULAR 7~ ' C_i'Y COUNCIL ~ETING BOYNTON BEACH, FLORIDA AUGUST 3~ 1976 ~. Zack moved the adoption of proposed Ordinance No. 76-37 on first reading, seconded by ~-~. Strnad. Under discussion, ~r. Harmening referred to this ordinance purporting to change the table of organi~ation of City persor~uel amd changes the licenses from the City Clerk to the City ~anager. He was opposed to this a fsw minutes ago ~ud he has not cha_uge~ his mind and will vote ~o. ~s. Padgett took a roll call vote on the motion as follows: Councilm~ Harmsning - No Councilwoman Jackson - No Councilman Strnad - Yes Vice Mayor Z~ck - Yes Mayor DeLong - Yes Motion carried 3-2. Resolutions Proposed Resolution 76-RR - RE: Requesting Florida Legislature for Reimbursement of.Funds Representing Outstanding Debt Due on City Wastewater Treatment P18mt M~. Reed read proposed Resolution 76-RR by caption only. M~s. Jackson asked the City Attorney if he could add two words: outstanding net worth and debt. ~. Reed replied that the outst~uding indebtedness owed to the bond holders on the City's existing wastewater plant was not nee~ssarily the same as the net worth. They are requesting to be reim- bursed with the outstanding indebtedness. The only city suc- cessful to date on this has been Pompano Beach. He checked with the City of La~e Worth, who adopted a somewhat similar resolution in January 1975 and have had a claims bill pending mn the Legislature, but to his knowledge, nothing has been done. Subsequent to adopting a resolution in order to affect a claims bill, he believes they had to adopt another resolu- tion that if the claims bill was paid by the Florida Legisla- ture, it would go to the outstsm_ding bond holders. If the Le~islat~e ~asses a claim, s bill, it would be in the amount of money due-to the ouvst~uding bond holders. MsG~or DeLong asked if he believed the resolution as drafted was sufficient and ~. Reed replie~ that he believed it was. ~s. Jackson referred to having net worth in there and putting more in all the time. She suggested asking for as much as they could get. If they adopt this resolution, then possibly they should have another for the net worth. She feels they owe it to the tax- ~s$~ers. The bond holders are in this and the re, payers could be in the other one. M~. Heed replied that he would be happy to draw a new resolution. It was his impression that if the clai~?~ bill had a chance of massing the Legislature, the e~ount request would have to-be tied down ~o what the City -10- MIIgJ-~i~S - REGULAR CiTY COUNCIL MEETING BOYNTON ~CH ~ FLORIDA AUGUST 3, 1976 owed. M~or DeLong asked again if he was satisfied that this particular resolution was sufficient and Mr. Reed replied that he thought the resolution presented tonight was sufficient. Ee thinks this resolution is adequate and sufficient as it goes. Only one City has eet a precedent. He has no objec- tions to preparing another resolution, but thin-ks the reso- lution as it stands right now is s~fficient and in line with what has been required of L~e Worth. ~s. Jackson made a motion to adopt Resolution 76-RR, seconded by Y~. Earmening, ~nder discussion, Mr. Harmening referred to discussing the readimg of ordinances by caption only, but noth~ug was said about resolutions ~ud this resolution has only been read by caption only. Mayor DeLong replied that if he wanted the resolution read in full, he could retract his second, t~. Harmening did so and ~rs. Jackson retracted her motion. ~s. Jackson moved to read Resolution 76-RR in its entirety because it affects the taxpayers, seconded by Mr. Harmening. M~s. Padgett took a roll call ~ote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Council~Strnad - No Vice Mayor Zack - No M~yor DeLong - No Motion defeated 3-2. ~yo~._ DeLon~o announced a motion was ~ order to adopt Reso- lute_on 76-RR as read by caption. Mrs. Jackson moved to adop~ Resolution 76-RR, seconded by M~r. Zack. No discussion. M~s. Pa~gett took a roll call vote as follows: Counci!~ Harmening - Aye Cou~cil~om~u Jackson - Aye Councilme~ Strnad - Aye Vice Mayor Eack - ~e M~yor DeLong - Aye Motion carried 5-0, N~s. Jackson moved to instruct the City Attorney to at least make a try to get part of the net worth and send a similar resolution to the Legislative Delegation for reimbursement of the net worth. ~. Reed questioned the figure for the net worth ~ud M~s. Jackson suggested that he check into the bonding agreements ~o see wha~ was paid. ~-~. Reed stated that the net worth implies there is some market for treatment plants and Mayor DeLong replied that it was not the question MINUTES REGuIJ~R CITY- COUNCIL ~ETING B0¥NTON BEACH, FLORIDA AUGUST 3, 1976 of selling it, but protecting the investment. Mr. Reed referred to the initial cost of approximately $4,000,000. Ms. Harmening suggested using the replacement cos~ less depreciation. Mr. Zack added that he thought the Legal Counsel would need g~id- ance to appraise the net worth. Mayor DeLong suggested that this be turned over to the City Attorney for research and he shall m~d~e a reco~nendation to the City Council or present the appropriate resolution and the members agreed. OLD BUS IB~SS Receipt of Correspondence from Hon. Phillip T. Crenshaw, Atty. .~E: Boynton L~es~ Inc. Mayor DeLong recommended that this be turned back to the City Planner and Pl~uning & Zoning Board for some input. Mrs. Jackson made a motion to refer this to the City Pl~uner and Plaguing & Zoning Boe~d ~ud added that she thought the City Attorney should also be involved since a court judgement is involved. ~or DeLong explained further how he thought this input should be received before the City Council made any mention of their ideas. M~. Zack seconded the motion. Mayor DeLong clarified that it had been moved and seconded to in- struct the City ~ a~ ~n get to forward this request to the City Planner ~ud Planning & Zoning Bo~d for input and the City Attorney will be available for consultation. Motion cs~ried 5-0. N~ B~S I~SS ~iscuss Re-cycling of Steel - Councilman Norman F. Strnad ?~. Strnad told about receiving letters Irom~ two ~l_~erent~'~ people in. the City requesting this to be brought before the Council to see if there was any feasibility for such a pro- ject in our City. Personally, he thinks it would be too much of an undert~ming for the C~ty mtse_x, but possibly a few cities could get together. He wanted to br~g'~ ~t' ~o' the attention of the City Council for their ~eel~nos.~ ' ~ ~s. Jackson agreed and told about Franklin, Ohio, undertak- ing such a project in ~972. It was brought out that it would be wortnwnm_~' ~ ~ '~ for a City this size. She corresponded with Franklin, Ohio, and tn~= whole story received from the~ ms' on file. She suggested oossibly instructing the City Manager to write to Franklin, Ohio, to ~z~d out if ~' there was somet~zng they could do as one City. M~yor DeLong instructed the City Manager to follow this through and the members agreed. ~. Strnad added that in thebrochures' he presented~ it also noted that you could write to the Steel Institute in Washing- ton, D. C. Mr. Kohl replied that he would write the letters. -12- MIh~J~S - REGULAR CITY COUNCIL ~J~ETING BOYNTON BE~.CH, FLORIDA AUGUST 3~ 1976 ADMINIS TRATl~YE Consider Recommendation of Planning & Zonim~ Boat Sales in C-3 Zone Boa_rd - P~: Mr. Kohl informed the City Council that Mm. Carmen Annu~ziato, the City ?lanner, advised that at the Planning & Zoning Boemd meeting of July 27, 1976, the above item was discussed. The Board unanimously recommended that new boat sales agencies be added to the uses permitted in the C-3 zone, subject to the application for such use be referred to the Plsm~aing & Zoning Board for recommendation to the City Council for approval. The Board based their recommendation on the nature of the pro- posed use and their ability to review any application of this nature. Mr. Strnad moved to consider the recommendation of the Plan- ning & Zoning Board to include boat sales in the C-3 zone. He added that he thinks this is a clean business and feels it would be appropriate in this zone. Mr. Zack seconded the motion. ~yor DeLong requested that the motion include that this will be for new boat sales only and the Board will t~e under consideration to placing used beat sales in the C-4 zone. F~. Strnad agreed to include this. ~vor DeLong clem- ified that it had been moved and seconded to accept the recom- medation of the Pl~uuning & Zoning Board relative to incorpora- ting in the C-3 zone the sale of new boats only and to ma~e permissive s~%e of used boats in C-4. Mr. Strnad questioned if this would also include new boats in C-4 as well as used boats and Mayor DeLong replied that anything permissable in higher classifications is also permitted. Mms. Jackson referred to this coming about because of the Gulfstream Marina. She read the minutes from the Planning & Zoning Board meeting e=ud the man stated he had a license to sell boats. She checked this afte~vards and the man did not have a license to sell boats. She objects to somebody stat- lng he has a license when he does not. She feels they should not make a change just because somebody wants something and especially when he is doing it illegally. She questions whether they should m~e this change to suit him. Mayor DeLong replied that he thought this was appropriate for that particular zoning. They do not want to chase businessmen out of the City. }L~s. Jacl~on continued that she wanted to be sure that he has a license to sell boats. !~. Strnad questioned whether she brought this to the attention of the proper authorities and Mms. Jackson replied that she found this out after reading the Planning & Zoning Board minutes and thought it would be proper to bring it out before the Council in this discussion. She added that she did mention it to ~,~. Kohl. -13- MINUTES - REGULAR CITY COUNCIL ~[EETIEG BOYNTON BEACH, FLOR-~DA AUGUST 3, 1976 ~. Reed stated that he understood the motion was to recommend that he prepare an ordinance which would move new boat sales to C-3 and in C-4, permissive uses would include used boat sales. He referred to there being a distinction between per- missive use~. As it stands, boat sales agencies is a condi- tional use in the C-4 zone. It is permissable conditioned that the Planning & Zoning Board recommends the use and the City Council approves. A permissive use is where it does not have to come before the Planning & Zoning Board. What the Co~mecil is suggesting is that new boat sales agencies would now be a permissive use ih the C-3 zone. Mayor DeLong re- ferred to the Planning & Zoning Board recommending this and ~r. Reed clarified that they recommended conditional use. Mayor DeLeng replied that they were accepting the recommenda- tion of the Pls~r~ug & Zoning Board. }~. Reed suggested that possibly they may w~ut to instruct the City Plmener and him to look .into the desirability of making a distinction between new and used boat sales agen- cies and what zones they may go in. Under the law, there can be no distinctions, but if there is legal justification to classify them differently, it c~u be done. ~yor DeLong replied that the legal ver~ge was up to him to ts3~e came of. ~, Reed pointed out that there were other conditional uses in the C-4 zone, such as automobile and truck sales agencies, which to some extent parallel boat sales agencies. He beli~wes it would be advisable for the City Plsmner an~d himself to look into these also. Mayor DeLong suggested that they take everything into consideration ~ud give what they want which will fit the upgrading of the different zoning classifications. He thinks they should get together and present their intent. Pk. Reed stated that as he understood, the suggestion is to m~e new boat sales agencies a conditional use in the C-3 zone. He asked if the used boat sales ~Eencies were to be permissive or conditional use in the C-a zone smd Mayor ~eLong replied this was something for him to decide. This ms uo to him and the City Planner to decide. i~Lrs. Padgett then took a roll call vote on the motion as follows: Councilman Narmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Ay~ Vice M~yor Yack - Aye ~yor DeLong Motion carried 5-0. Con~ider Acceptance of Final Plat of Rep!at Gulfstream Estates Plat No. 2 of a Portion of MI~VJTES - REG~L~R CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1976 ~. KOhl informed the Council that the final plat document on the above was unanimously approved by the Plemming & Zoning BOard on July 13, 1976, The staff has completed review of the engineering drawim~gs, plat documents and bond estir~ate and recommends approval f · . o same, subgect to recelpt of the performance bond in the amount of $46,219.53. Me. Tom Clark, City Engineer, has the development plans and ~m. Carmen Annumziato, City Planner, has the plat if you care to review these documents, if Council approves, they respectfully re- quest the Cit~ Attorney to be directed to prep~e the ordi- nance for the mesting of Augnst ~7, 1976. t~ms. Jackson moved to accept the final plat of replat of a portion of Gulf Stream Estates Plat NO. 2 and instruct the City Attorney to prepa~e the ordinance for the meeting of August 17, I976. Mr. Zack seconded the motion. No discus- sion. Motion carried 3-0. Consider Traffic Control Agreement Between the City smd Palm Beach County >~. Kohl read the attached letter dated July 15, 1976 from the Office of the County Engineer regarding the Traffic Con- trol Agreement covering the Intersection of Northwest 2nd Avenue (S-804) a_ud 1-95, ~aad Intersection of ~oolbright Road (S. W. tSth _.venue)~ - · and 1-95. Mayor DeLong asked if the City Attorney had reviewed this agreement and M~. Reed replied that he had, but has one question. The letter refers to the two intersections,but_t the agreement refers only to the intersection at E. ~. ID h Avenue and 1-95 and he did not see any reference to the intersection at N~ [. 2nd AVenue and 1-95. ~. Kohl agreed that the letter s~a~ed both smd advised that he would check this. Mayor DeLong stated that the motion should be contin- gent upon the inclusion of N. W. 2nd Avenue. Mme. Jackson moved to execute the Traffic Control Agreement between the City ~ud Palm Beach County cuatingent upon the ~e mn~er~ec~mon o~ N. W. 2nd Avenue ~d 1-95~ ~s well as S. W. 15th Avenue and 1-95. ~. Ksmmening seconded the motion. No discussion. Motion carried 3-0. Discuss Regional Board Activities: a. Awarding Contract for Construction of Regional Plent b. Awarding of Contract for Regional Plant Effluent c. A~thorize City Msmager to Sign Agreement with Russell & Axon to Perform 20~ Facilities P__lan }~. Kohl read the motion made by the SCRWTD Board at their meeting of July 29, 1976, as follows: -15- MI/~UTES - REsULt_9 CITY COUNCIL M~ETING AUGUST 3, ~976 BOYNTON BEACH, FLOR!-DA ~To accept ~e recommendation of the Consulting Engineer, subject to concurrence of the Environmental Protection Agency, to tentatively award construction of a comolete new Regional Wastewater Treatment Plant (Part A) which ~ncludes Contract 1,~ Section 1 (Liquid Phase); Contract I, Section 2 (Solids Phase); andt ~C°ntract 2, Alternate. "A", Sludge Reduction (Incineration), ~ iTtercgunty Constructlon Corporation of Fort Lauderdale, ~or~da, for the lump sum amount of $7,725,000.00, all in ac- cordance with their proposal of June 15, ~976." Mayor DeLong announced if it was agreeable with the other mem- bers of Council he would suggest they also include the other recommendation. He added that they were ratifying their prev- ious action at the meeting of the Regional Board. I¢~. Kohl then read the second motion as follows: ~o accept the recommendation of the Consulting ~ ' ~n~l~eer, subject to conc~mren~of the Environmental Protection Agency, to tentatively award construction of the Regional Wastewater Treatment Plant, Part B - Effluent Force ,iW~in and all Appur-' tenances thereto, to Paul N. Howard Compa~ of Greensboro, N. C., for the o~it price totalling E1,174,000.00, all in ac- cordance with their proposal of June ~5, ~976." ~yor DeLong announced a motion was~ in order to ~atify the action of the Council sitting as members of the SCR~TD Board. ~. Harmening moved to confirm and ratify the previous action of the SCRWTD Board to acceot the reco~endation of the Con- sulting Engineer, s~bject t~ concurrence of the Environmental Protection Agency, to tentatively award construction of a com- plete new Rggional Wastewater Treatment Plant~ (Part A) which includes Contract ~, Section 1 (Liquid Phase); Contract 1, Section 2 {Solids Phase); smd Contract 2, Alternate Sludge Reduction (Incineration), to Intercounty Construction Corporation of Fort Lauderdale, Florida, for the lump sum amoun~ of $7,725,000.00, all in accordance with ~ ~he_r pro- posal of June ~5, ~976, and to further include to accept the recommendation of the Consulting Engineer, subject to concur- rence of the En~v~ronmental Protection Agency, to tentatively award construction of the Regional Wastewater Treatment Plant, Part B - Effluent Force ~-~in and all Appurteneaaces thereto, to Paul N. Howard Company of Greensboro, N. C., for the price totalling ~1,t74,000.00, all in accordance with their proposal of June ~5, 1976. ~s. Jackson seconded the motion Motion carried 5-0. ' _Mr. Kohl then read the attached letter dated July 29, ~976, from ~. Canon. Mms. Jackson moved to authorize the City Manager to execute the Supplemental Agreement No. 4 with Russell & Axon to conduct the 201 Facilities Plan of the $ou~bJCentral Region of Palm Beach County. ~. Harmening seconded the motion. No discussion. Motion carried 5-0. -16- MI.~TES - REGULAR CiTY COUNCIL .wwh~ETING ~ T BOYNTON BEACH, F~OR~.DA AUGUST 3, 1976 Request Permission to Auction Obsolete City Ecui~ment Fm. Kohl informed the Council that he had been advised by ~. Robert J. Feltz, General Services Superintendent, that they have two (2) pick-up trucks they can no longer utilize due to their deplorable condition. Ee also inspected them ~nd is in agreement. They should dispose of them by auction. They are: 1968 ~/~0 Chevrolet 1970 C/20 Chevrolet He respectfully requests trucks. Mi 6~51 Parks Deot.) S/N CS148At46~50 6~5 Sanitation Dept.) S/N CS240B148377 permission to auction off these two ~m. Harmening moved to authorize the City Manager to auction the obsolete City equipment, seconded by ¥~, Zack. No dis- cussion. Motion carried 5-0. Requests for Zoning Approval - C & M Pizza (Mary L. Giardina) .... Publix Su~er Market ~. Kohl informed the Council that a new application was re- ceived from Mary L. Giardina under the business name of C & M Pizza. The type of license is for beer package only and the location does comply. The other application is from Publi~ Super Markets at 111N. Congress Avenue for beer and wine package sales only. ~ne location does comply. Mm. Strnad moved to grout permission seconded by Mm. Zack. No discussion. Applications for Permit to Solicit: for these two licenses, Motion carried 5-0. a. Leukemia Socity of America b. Boynton Rams Athletic Association c. Insurance Women of Palm Beach County Mm. Kohl read the th_tee applications and added that they were in order and for good causes. Mms. Jackson referred to the Rams Athletic Association an~ stated she believed the Police Department objected to having collections at intersections. She askediif this had been checked and Mm. Kohl replied that he checked with the Recreation Dept. and they are connected with the Boynton League. Mrs. Jackson continued that she was concerned about safety. Mayor~ DeLong asked if everything was in order and Mm. Kohl replied: yes. Mr. Zack moved to accept the applications for these people to sol_~cmt, seconded by ~s. Jackson. Under discussion, Jac~on requested .~. Kohl to check with the Police Deot. regarding these collections being made at intersectionS. Motion carried 5-0. MINUTES - REGu~'_R CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA AUGUST 3, 1976 Aoproval of Bills Kohl read the following bills for approval: ~asy ~ Tire Store o Radial Tires for Police Dept. Per State Bid Pay from budgeted funds 001-860.54 2,077.80 Chevrolet Company 5da4- door !m~la C~ev. for Police Dept. Pay from budgeted funds 020-800 Bid accepted 2/2~/76 14,896.05 Cynthia Lewis Server for Se~nior Citizens Club - 2 weeks Pay from Federal Revenue Sharing 020-880 Ordinance ~73-15, passed 5/15/73 96. O0 Isiah Andrews Driver for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing 020-880 Ordinance . ~ #73-~5, nassem 5/15/73 90.00 Mr. Kohl noted the bills described have been approved and veri- fied by the department heads involved; checked and approved for p~memt by the Finance Director; funds are available in their respective budgets. He recomnaends payment of these bills. ~,ms. Jackson moved -co pay the bills and from Russell & Exon. Mm. Zack seconded cussion. Motion carried 5-0. noted there was nothing the motion. No dis- O_H~R Mr. Kohl stated he would like the Council to instruct the City Manager to write to Jack Wessel to be the judge for the month of August, inasmuch as Judge Schwartz is unable to come u~ stairs. Mayor DeLong requested the City Attorney to draft the appropriate resolution. ?~s. Jacl~on moved to instruct the City ~nager 5o write to Jack Wessel to be the judge for the month of August, seconded by ~. Harmening. No discussion. Motion carried 5-0. ADJ M~s. Jackson moved to adjourn, seconded by M~. Harmening. Motion carried 5-0 and the meetir~ was oroperly adjourned at 9:00 P.M. - -18- Count~; July 15, 1976 14r. Prank Kohl City Mmnager City of Boymton Beach F. O. Box 310 120 N. E. 2nd ~zenue Bo~.mton Beach, Florida 33435 SL~J-ECT: TRAFFIC CONTROL AGREE~NT - inter~ection of Northwest 2nd Avenue (S-804) and 1-95 intersection of Woo!bright Road (S. W. !5th Avanu~ and Z-95 Dear Mr. Kohl: The Board of County Co=-m~issioners has approved entering into a Traffic Control ;greement with the City of Boynton Beach for the traffic signals located at the above referenced locations. Enclosed are four (4) copies of each agreement %enich are to be executed by the officials of the City of Boynton Beach. i~hen executed, please return all copies to this office so we may present them to the Board of County Co~issioners for execution, at which time a copy will be returned to you. Your continued cooperation in these matters is appreciated. Sincerely yours, OFFICE OF TI~ COUNTY ENGINEER Supezvisor, Data A*%alysis Sectiom, Traffic Division LY: SLF :mm Enclosures: Traffic Control Agreements BOX 2429 WEST PALM BEACH. F ORI (8) SOUTH CENTRAL TREATMENT AND BOARD REGIONAL WASTEWATER DISPOSAL BOARD DELRAY BEACH, FLORIDA 33444 ANTHONY J. CANON, P.E. July 29, 1976 TO: J. Etdon Mariott, City Manager, Delray Beach, Fla. Frank Kohl, City Manager, Boynton Beach, Fla. Re: C120623010 "201" Facilities Plan Dear Sir: A requirement of the E.P.A. Grant Award of June 30, 1976 for conducting a "201" Facilities Plan and which was recently accepted by our letter of July 27th, is to have the existing consultant engineering contracts amended (see Special Condition No 5). Accordingly then, please have your Council at its next me,ting to: "authorize the City Manager to execute Supplemental Agreement No. ($ 24 Delray) ($4 Boynton) with Russell and Axon to conduct the (201) Facilities Plan of the South Central Region of Palm Beach County". Thank you. SCRWTD Board R&A Very truly yours, ~thon~.~'~anon, C. E. O. SCRWTDB MINU~$ - REGULAR CITY COUNCIL ~ET~G BOY~i20N B~A~H, FLORIDA AUGUST 3, 1976 CITY OF BOYNTON BEACH, FLORIDA ' ~ncil Member ~o~cil Member~ ATT=ST. Recordin~ Secretary (Two Tapes ) -19-