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Minutes 05-04-76
MiNU~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD IN CITY HALL, TUESDAY, MAY 4, 1976 PRESENT Joe DeLong, Mayor Joseph F. Zack, Vice Mayor Edward F. Harmening, Councilman Emily~M. Jackson, Council ~ Fraak Kohl, 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 give, by Rev. Leland L. Alderman, Pastor, Boynton Beach Church of GOd, and to remain standing for the Pledge of Allegiance to the Flag led by Councilwoman Emily M. Jackson in the absence of Councilman Norman F. Strnad. ~nno~ncements Mayor DeLong announced they had a visitor present in the audience, Ann B~rn~, Administrative Aid to County Chairman Board of Commissioners, Bill Medlen. He requested her to stand and take a bow. Mayor DeLong then announced the Chair would like the minutes to reflect clarification noted on Resolution 76-Y adopted at the Special Meeting with reference to the resolution not hav- ing been read. He referred to Roberts Rules of Order stating on Page 41 that a resolution which has been recently read does not need to be read at the time of adoption. This resolution was read sight days p~or. He then called on the City Attorney forhis oPi~ion regarding the action takenat the Special Neet- ing. Mr. Reed referre~ to Florida Statute 166 providing the method for enacting ordinances, which does not provide a spec- ific method for a resolution to be passe~, but a~ ordinance to be read twice and a 15 day publicationeperiod between readings. T e ordinance can be read either by.title or in f~ll. This statute weald also refer to resolutions and read~ng hy caption onl~ wouldbe proper under that statute. Mayor DeLong clari- fied that~ they had followed the proper procedure. ~gyOr DeLong announced that M~. Joe Collier of Florida Power & ht Compamy had requested to make an announcement, Mr. Joe Collier &~pe~re~ before the Council and advised that he DiStriCt ~4~u~ager ~or FPL. He advised that he asked to have was the opportdni%~ ~D come in. his official capacity and .a~lso to give t~anks to th~ Council. He referre~ to the Councml on 76-9 which extended the contract ~ Beach for another 30 years. He thinks :onfidence in them~ They do not take these ~ill continue to do the best they !s action predated the expiration by 13 to corme~t the records, they brought the check in l~e ~e did not want to hold the check out until ented a cody to the City Clerk for the record, thamked him, but called to his MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA MAY 4, 1976 attention that he was not playing fair with them. He re- ferred ~o him not telling about his promotion and leaving this area. Me. Collier replied that he was sorry to say he is leaving this area for Fort Lamderdale. ~myor DeLong wished him good luck in his every endeavor. Mayor DeLong announced if there was any item on the agenda anyone wished to address the Council abo~t, to please s%ep forward at the present ~ime and give their name to the City Clerk and when that pa~-ticular order of Business comes up, they will be called M~. Kohl requested the addition of one item to the agenda. ~e requested that a cemetery lot transfer be added before the approval of the ~ills. Ne added that it was approved by the Cemetery Board. Special City Council Meetin$ - April 15~ 1976 (Tabled) ~. Earmeniag moved to take this from the table, seconded by Mrs. Jackson. Motion carried 4-0. At this time, Mayor DeLong announced that he neglected to inform everyone that due to illness, Councilman Strnad was u~able to attend this evening. He then started on his right for the Council members' comments regarding the minutes. Mr. Zack, Mr. Harmening, Mrs. Jackson and Mayor DeLong passed or had no changes. Mayor DeLong announced a motion was in order to adopt the Minutes of April 15, t 976, as presented o ¥~. Zack replied: move you, ~&~yor, seconded by Mr. Harmening. Motion carried 4-0. Regular City Council Meetin$ - April 20~ 1976 Mayor DeLong followed the normal procedure for comments and Mr. Zack abstained, b~. Harmening referred to Page 20, first paragraph at top, and stated it should be ~less~' instead of "left',. Mrs. Jackson replied that she did not have any and Mayor DeLong stated the same. Mms. Jackson moved that the Minutes of April 20, accepted as corrected, seconded by Mr. Harmening. carried 3-0, with _Mr. Zack abstaining° 1976, be Motion ~pecial City Couacil Meetin~ - April 2~, 1976 Mayor peLong followed the usual procedure and N~. Zack passed, Mr. Ha~mening abstained and Mrs. Jackson passed. Mayor DeLong -2- MINUTES - REGULAR CI~ COUNCIL ~T!NG BOYNTON BEACH, FLORIDA MAY 4, 1976 called their attention to the first page, second paragraph from the bottom, and stated after "he", ,tthen,~ should be in- serted, to read: "He then read the title of Resolution 76-Y." Mr. Harmening moved for the adoption of the Minutes of April 2~, 1976, as corrected, seconded by Mr. Eack. Mrs. Jackson questioned whether it was proper for Mr. Harmening to make this motion since he wasn,t present at this meeting and ~. Harmening withdrew the motion~ Mrs. Jackson then made the same motion. ing. Motion carried 3-0, with Mr. Harmening abstain- PUBLIC AUDIENCE Mr. Fred Kostner stated his name and his address as 140D High Point Blvd. North. He advised that the business he wished to talk about did not hav~,~ aaything to do with the City C - · ~ euncml, but he wanted to make the City Council and the public aware of it. He stated that the other day he dr~ve north from Miami Beach on I~95 and he referred to signs along the wsy designating the city limits of Pompano Beach, Boca Raton and Delray Beach. These signs designated where he was, but he found no sign for Boynton Beach. Fortuaate!y he knows where Boynt~n Beach is, because he lives here. After turning off at a street he was not familiar wi~, but knows it is ~5th Avenue, he did find a sign off the mghway saying Boynton Beach. That sign pointed to the eas~ for Boynton Beach and he explained how that could be misleading. Boynton Beach is at least the size of Delray Beach, if not larger, and he thinks they warrant the same consideration. There are a lot of taxpayers in Boynton Beach and their money went to build thath'mghway and they should get recognition for their City. He thinks the representatives on the State level should give them recognition. He also explained how it would be difficult for tourists in the area. 2~yo~ DeLong informed him that Boynton Beach is the third largest City in the County. They have sent requests to DOT regahdiag the elimination of ~oolbright Road and having it called~5th Avenue, but they have not gotten any cooperation. He then asked the City Manager what could be done about ~. Kostner,s other request. ~. Koh~ replied tha~' he was not aware of there being no sign and he will call DOT tomorrow. He is smre they will favor them with a big sign and told aboutthis~ done.their cooperation with a sign on 441 · ~e will get BID~ N. W. 13th Ave. Boat Ramp Park Development Project~ -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA M-~Y 4, 1976 Mr. Kohl referred to the tab sheet on this project listing NieBel Construction'Bid in the amount of $9,64~.16 for road work and $8,839.40 for the dual boat ranD, boat ramp dock and bfish.ing pier, .for a to.tal amount of $18,481.56, recommended y tRe~ Tabulation Committee. All requirements have been met and he concurs with their recommendation. In addition, the affidavit from Mr. John NieBel is on file. As they are aware, this Droject is Being a¢~compl~hed in conjunction with the Department of Natural Resources. Mr. ZaCk moved to accept the recommendation of~the Tabulation Committee and. CitY Nan~ger to award the bid to Niebel Co~struc- tion~mm~ i~ the~ambunt of $18,481.56 for the Boat~Ramp Deve~nt Project at N. ~. 13th Avenue.. ~s. Jackson secor~t~ the motion. No discussion. Mormon carried 4-0. One (~.New 1976 Van T~pe ~ni Bus - Recreation Department referred to this going out twice for bids. The presented to Council at the December 2, 197~ meeting and were rejected since they did~not They cont~Hauser Dodge and Mr. were too busy to Bid now. They called Mr. ~h Dodge and he said that the 197~ produc~ Buses" had stopped. He further stated that the ~ in productio~ for another three to four ~t project the new prices that far. They asuiring verbal quotes from local ~ealershi~s equipment. He calledMr. Thomas of Palm Beach and they did~ have a new 197~ mini bms come in ~he price of $6,055.00 Dlus $485 additional for oning or a total price of $6,540.00, He called and talked to a salesma~ and they do have ~ on the lot, But w~uld not qmote prices He was told that Mr. Hauser would call him did ~oto He called Adams~he%rolet, ~ut they ~ with mini b~ses. He woul~ like to request to Palm Beach Dodge since they have gohe out t~ice~ ~ moved to go ~head and purchase this mini bus, which fire for months, and follow the recommenda- City ~anager. Mr. Harmening seconded the motion. clarified that it had Been moved and seconded to ithe City Manager to negotiate with Palm Beach Dodge bus in the amount of $6,540 including air condi- discussion, Mrs. Jackson expressed her hesi- the City Attorney clarified that it was legal. ~ning suggested in the future wken they deal with ~Die, they should talk harder with them as they do ~e mar~y %ehicles. Motion carried 4-0. MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA NAY 4, 1976 Jarvis Property - Test Well Program (Revised) Mr. Kohl read the attached letter ~ated April 28, 1976, from Russell & Axon. Mayor DeLong then requested that Kohl read his memo dated May 4 and Mr. Kohl rea~ as follows: "Attached hereto is correspondence from R&A and tab sheet which is self-explanatory. S~0ul~ you care to review the construction specifications on this pro, eOt'they are avs/lable to you in my office. I am sure you are 'aware th~ is a spiral bound book eonsisting of innumerable pages. All th? reqmirements have been met and I concur with the recommendatios~ Mm. Harmening moved to award the bid to A.E.C.O.A., Inc., 2000 - loth Avenue North, Lake Worth, Florida 33461, in the amount of $18,968,00 with the stipulation of 80 calendar days for completion upon the recommendation of the City Man- ager and Consulting Engineers of Russell & Axon. Mrs. Jackson secondgd the motion. No discussion. Motion carried 4-0. PUBLI~ HEARINGS Resolution 76&S RE: Special Assessment for Paving of S. E. 3md St. from S~E. 2~st to S.E. 23rd Avenues ~. Kohl read Resolution 76-S by caption only. Mayor DeLong requested ali those wishing to speak in favor of this resolution to please step forward and state their name, address, and why in favor. He received no response. He then asked those opposed to step forward. _Mr. Louis S pano stated his name and his address as 333 S. E. 23rd Avenae. He stated he was in an awkward position as he agrees with having 3rd Street paved, but is in opposition to the assessment. He has been a City resident for 12 years. He referred to 1969 and told about the City improving 23rd Avenue at that time. After they got done with S.E. 23rd Avenue, they closed off 3rd Street and the City came down with a pla~e and planed off the blacktop. He came to the City CoUnCmil and requested that they blacktop the street. The City did not do it, but kept telling him a sewer line was going in. He spoke to .,~. Kohl about it and showed him movies. Mr. Kohl stated that he believed it was patched, but he,knows the differen~ebetween asphalt and a tar covered asphalt road. He referredto seeing aerial photographs in City Hall tsken in 1962 sho~ng the street as dare as other streets. His contention is that it was paved and the City ripped up the street. He has lived on that street for 12 years and knows it was blacktopped. It is not anything else MINUTES~- REGULAR CITY COUNCIL MEETING MAY #, 1976 BOYNTON BEACR, FLORIDA but asphalt. He would like the street to be blacktopped. Ne them referred to raising the catch basins in the street and sta%ed the City put them in and if they are too low, why should he he charged? Ne then referred to the City putting i~ a new boat r~m~ and he has never even used a fishing pole, hut they ne~d that; hut people are going to drive down 3rd Street and it is City traffic going through there. He believes the City should pay a fair share. Ee then requested that Mr. Kohl show the pictures to the City Council members and Mr. Kohl did so. He requested the membe~rs to please look at them before making~ a decision. M~. Kohl replied that he hated to disagree with Mr. Spamo, hut he has to look out for the City of Boynto~ Beac~o He has done a lot of research on 3rd Street. There is nothing in.the City records where a~yone has paid any assessment on that street. Every person in the City of Boynton Beach does ~h~a~fOr roads either through the contractor er Being assessed. ~ read has been primed twice. He personally had it done uri~g his first Fear with the City and possibly that is what ~s s~6wn on the photographs. Johnny Johnsom is present, who has been employed by the City for years and he skould know if it has ever been paved. Mayor DeLong asked if he had checked the records in the City Clerk,s office a~d Mr. Kohl replied: yes, there was no assessment on 3rd Street. He then requested Johnny Johnson to step forward. Mr. Johnson informed the Council that he will be wot_king for the City 20 years in August and he has never seen that street paved. Some years back, they had a thing with Hardrives to shoot oil on many streets to keep the dmst and sand down. This oil penetrate~o It is almost ~ thick. It does look like asphalt, hut asphalt is put do~3/4 to ~" thick~ In the streets in the west, the asphalt is 3 to 4~, thick. This subdivision was developed in 1951 and he contacted the sur- veyor of that subdivision and they could not find anything tha~ was ever paved. Mayor DeLong stated that Mr. Johnson was the supervisor in the Water Department and he doesn,t believe anyone would have more knowledge. ~. Johnson con- tinued that he was a meter reader in 1956 and travelled this particular area all the time for two years. Mrs. Jackson stated she had not heard anyone speak in favor and Mayor DeLong asked again if anyone was in favor of this resolution. Mr. Spano replied he was in favor, but did not want to pay for it. He wants the road done and will pay the assessment if he is assessed. Mrs. Jackson asked how many property owners were on this street and referred to 50% re- questing th~s. Mr. Kohl replied the Council could initiate his according to the charter. ~L~yor DeLong clarified it could be initiated by a petition from the property owners er by the City Council. Mr. Kohl added that any time they ca~ do any streets in Boynton Beach it is advantageous and he explaimed. -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1976 Mr. Zack moved for the adoption of Resolution 76-S in regards to special assessment for paving of S. E. 3rd Street from $, ~. 21st to S. E. 23rd Avenues. Mr. Harmening seconded the motion. No discussion. Mrs. Padgett took a roll eall vote as follows: Councilman Harmening Aye Councilwoman Jackson ~ Aye Vice Mayor Zack - Aye ~yor DeLeng - Aye Motion carried 4-0. Mr. Reed clarified that in essence tkg$ had ratified re-adop- tion of Resolution-76-S. What would he in order now would be to direct a City employee to proceed. Mayor DeLong agreed and added that included in the motion should be that the City Manager be instructed to go out for bid. Mr. Zack and Mr. Harmenimg agreed. Parcel - Acreage on Old Boynton Road, West of Laurel Hill 5th Addition Applicant: Riteco Development Corporation Request: Rezone from R-IAA to R-1 Use: Single Family Subdivision Mayor DeLong referred to the minutes from the Planning & Zoning Board and requested Pa. Kohl to read them. Mr. Kohl informed the Council that six petitions were presented objecting to the change of zoning. All the petitions were accompanied by two pages giving reasons for their objections, as well as a copy of the newspaper notice, a map of the area, and the last page of each petition indicated signatures of the circulators of each petition. The Planning & Zoning Board had a meeting on the request on April 27th at 7:30 P. Mo and he understands they denied this request. He then read the entire discussion from these minutes regarding this application. N~yor DeLong referred to the length of this discussion and stated he wanted the people in the audience to have an opportunity to understand exactly how thorough the discussion was and the vital points brought into play as far as this request is concerned. He thinks it has been very worthwhile. He then asked for those in favor of thisrrequest to step forward. Mr. John Groves appeared be~r~e the Council and informed them he was with Planning Research & Design, a planning consultant representing Riteco Development Corporation. He referred to the mimutes from the Planning & Zoning Board meeting being quite extensive, but he does have the drawings and exhibits presented to the Planning & Zoning Bos~d if the Council de- sires 'to see them. i~yor DeLong replied that he thought it would be appropriate to show them. He wants to give everyone MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~Y 4, 1976 a fair shake. He suggested showing them for the benefit of the people i~ the audience. Mr. Groves proceeded with show- ing a map indicating the location of the 57 acres. He referre~ to the statement of this ~ot being close to Congress, hmt it is approximately 35G0 feet from Gongress. He then indicated the subdivisions in the area. He also referred to Congress V · Avenue~ elopmng as a major thoromghfare. ~. Groves then showed a drawing indicating the zoning of this area as R-IAA and the surrounding areas as R-1A~A. He stated that these areas before t975 were zoned R-1. The minutes ~ ~ Plying & Zonin~ Boa~ meeting state that at the ~ ~ zom~ng was upgraded, ~ was primarily ~ effort by ~ne ~lanning Department and Council to upgrade the area. His client~Uderstood th' · · ~s was to provide a holding area and an oppor~uni~y~ould be given to the P~anning & Zoning Boar~ and Gity Com~c~Ito study the plans. He ~elieves the reDrese~ta- ~i~h~t~app~? at the rezo~ing hearings a~d did ~-~o- ~ney were assured their requests would, be co~idered at the proper time with the pla~uing work. ~. Groves then showed a soil data map and explained the formation co~piled ~y their engineers and Department of Agriculture Soil con~er~ation maps. He showed a vegetation map and expi~i~ed the three types existing. Mr. G~oves then showed the plan they were proposing with 2~ lots ~ith s~are footage ranging from 6000 to 7000sq. ft. with a dens~y of ~.07. Ne added that it wa~ consistent wit~ the allowable density in R-1A~. The owner ~eels he would like to 'build for a market ranging from $29,000 to $34,0~0. ~t~would be harder to do that with larger homes ~ud lotso The owner also realizes there is a lot of oppo- sitio~ from ~he area. They did talk about square footage, b~t did not talk about a~y compromises the developer is will- ing to make. ~EVeryone is concerned with North Eeacrest, type ~f financing, type of cgnstruction, attention given to detai~, etc.~' The developer ~s more than willing to ~eet with the City Council at a special meeting if permitted and discuss refe~nces to specific conditions. He believes he understands a little better some of the objections made at the l~-st meet~ag, He thinks he cmn ma~e a commitment for his client that there will be nothing com~e~ab~e to low housing developments. ~f his client is given an o o~tun~t to discuss th~ with the oror~v ~-~£ .... ~P ~ ~' y at.a workshop session, they Would ~ ~-- ~ Y ~ ~Z~d~hav~g~OO~q. ft. lots .abutting the var- .... ~ ~o~o ~ ~ne o~y Attorney ~ul~ consider ~e~ner or no~ it would be appropriate to.enSer into a developer,s agreement at this time to make the~e stipula- tions ~art of the agreement, the deve~ope~wom~ be willing ~o disbuss th~s with the City Attorney, City C~uncil, MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~Y 4, 1976 Planning & Zoning Board, and abutting property owners. He requested that this be tabled for a month to have these dis- cussions. Mayor DeLeng replied he would see what the City Council desires. ~m. Groves continued with showing a drawing of what could be done in a R-I development. The drawing indicated a 60 ft. lot with 1000 sq. feet of living area with 25 ft, front and rear setbacks and 15 ft. between houses. Ee added that this was very comparable to Leisureville. These developers were also involved in the developing and financing of Leisureville. Mayor DeLong then asked if anyone else desired to speak in favor Of this application and received no response. He then referred to there being quite a few people opposed and quested ghat one or two representatives spe~ for the group. Mr. JokuB~Q~$ stated his name and his address as ]210 West BOynton Road. He stated that he attended the lengthy meeting the Planning & Zoning Board had. He added that he th~ he waited as long to speaks~at that meeting as he has on~ght. As well as being a citizen of the City, he repre- sents Poinciana West, a 60 unit condominium on West Boynton Road. He referred to presenting a petition to the Planning & Zo~g Board and also having, nobody at that meeting present in favor of this downgradin~ of the zoning. In looking at the audience tonight, they had almost as m~y and could not find anyone to speak in favor. Also, he knows they are aware that there were upwards of 400 signatures in opposition and these people are certainly looking to the members of the Council to adhere to the principals that the people voiced. ~e, as ~n~ representing Poinciana West, would like to request that when they vote they take into consideration that over ~00 signed signatures in the immediate area are looking for heir favorable decision. F~. Harold Werger stated his name and his address as 719 N. W. 7th Court. He advised that he also spoke at the Planning & Zoning Board meeting and everybody has heard theiroobjections. In 1975, they presented petitions with 80 to 90~o of the property owners in favor of upgrading and keeping top zoning. If they will poll the audience tonight, they will see the same representation of people against this. People have found how it is to live on a small lot; even though they are willing to buy it for the cheaper dollar, they are not happy. He told about many people in Leisure- ville not being happy. Although it was referred to young people want~gsmaller houses, they do want swimming pools. His neighbors have a swimming pool over 100 ft. away and on Sun~ay afternoons, he wishes it was over 300 ft. away. t On he plans presented, a pool would be within~10 to ~5 ft. -9- MINUTES - REGULAR CITY BOYNTON BEACH, FLORIDA COUNCIL MEET~G 976 from the property line. The commotion would be unbearable. They have voted against this. The people i~ Laurel Hills have bought extra land for the privacy. They presented this to the Planning & Zoning Board many times and also presented it to She Council to get this zoning i~u. They would appre- ciate the Council holding to their wishes. Mr. Gene Johnson appeared before the Council and stated he was sorry to say this is the first Council meeting he has attended. He has heard a lot of conversation. Ne lives in Laurel Hills. He has heard that they are small lots. He bought a house less than three years ago a~d the contractor had tO buy two lots to build his house. He has heard conver~ satio~ about bmilding houses for younger pesple and it is true they need more room. He explained his situation. There is talk about swimmimg pools and a 25 ft. setback is shomm. He does not believe a swimming pool could be built i~ that hack yard. Also, Boynbon Beach is a ~rowing City and they are trying to move ahead. He referred to the discussion of blacktopping dirt roads. In 1975, they chamged this~to R-1AA and now they want to change it back and he doesn't believe i · this will help the C ty. He !s familiar with this area. If you move this area back to'R-l, you must consider the sev- eral hundred acres across the canal to the morth and they will also ask for R-1. He thinks they got it R-1A~ and it should be kept there. Mayor DeLong requested those in the audience opposed to this to stand up. Mrs. Dorothy PJi~J~estated her name and advised that she lives in Venetian Isles and sells real estate. She referred to an area nearby out of the City having to be 75 ft. wide lots. 1000 sq. feet is only about the size of half a duplex. It was referred to these homes being for children and there is not enough room in a t000 sq. ft. house on that size lot. She told about new larger homes in a good neighborhood sell- ing for $29,000. Mayor DeLong stated he believed the members of the City Coun- cil had heard both sides. Mrs. Jackson moved to accept the recommendation of the Planning & Zoning Board and deny this application from Riteco Development Corporatio~ to rezone from R-1AA to R-1. Mr. Hack seconded the motion. Under discussion, Mayor DeLong requested that it be entered into the minutes that the Chair has taken exceptional note of the fact that it has been stated by a member of the Planning & Zoning Board that there has been a definite laxity of R-I zoning in Boynton Beach. He can agree with this to a cer- tain extent. This is not going to be a pattern in the future, because the City is in the~process of engaging a City Planner and it will be his judgement where R-1 zoning will be located. MINUTES - REGUL~R CITY COUNCIL MEETING MAY 4, 1976 BOYNTON BEACH, FLORIDA The~ upgrading of Boynton Beach is long overdue and they are now headed ~n the right direction and he definitely opposes a~y change ia the upgrading. Mrs. Padgett then took a roll call vote as follows: Councilman Harmening - AYe Councilwoman Jackson - Aye Vice Mayor Zack - Aye May~r DeLong - Aye Motion carried 4-0. Ordinances - 2nd Reading - Public Hearing NONE Ordinances - 1st ReadinE Proposed Ordinance No. 76-15 - RE: Amending Ordinance 75-19 .~r. em Zone C-3 ko R-3~ Palm Beach Farms County Plat #8 Mr. Reed read proposed Ordinance No. 76-15 in its entirety. Mr. Harmening moved the adoption of Ordiaance 76-15 on first reading, seconded by Mr. Zack. No discussion° Mrs. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Vice M~yor Zack - Aye ~.yor DeLong - Aye Motion carried 4-0. Proposed Ordinance No. 76-16 - RE: Amending S~ctions 6 (B) (2) (~) and 6 (C) ~6) and Adding Section 6 (B) (6) of Appen- dix A ofthe Codified' ' Ordinances to Clarify the Conditions ~nder Which Outdoor Displays of Mercbs~Sise ~ill Be Permitte~ Mr. Reed read proposed Ordinance No. 76-16 in its entirety. ~?~s. Jackson moved the adoption of Ordinance 76-16 on first reading, seconded by ~. Harmening. No discussion. Mrs. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Vice Mayor Zack - Aye Mayor DeLong Aye Motion carried 4-0. MINUTES - REGULAR CITY COUNCIL ~,TING BOYNTON BEACH, FLORIDA MAY 4, 1976 Resolutions Proposed Resolution No. 76-Z - RE: Authorizing Union Agreement with The International Brotherhood of Firemen & Gilers AFL-CIO, Local 5 Nr. Reed read Resolution 76-Z. Mr. Zack moved for the adoption of proposed Resolution 76-Z, seconded by Mr. Har~ening. No discussion. Mrs. Padgett took a roll call vote as fellows: Councilmsm Harmening - Aye Councilwoman Jackson - Aye Vice Mayor Zack - Aye M~jor DeLong - Aye Motion carried 4-0. Proposed Resolution No. 76-AA - RE: The Building Officials Association Requesting All Members of the Florida State Legis- lature Make Certain Amendments Mr. Reed read proposed Resolution No. 76-AA. Mrs. Jackson moved the adoption of Resolution 76-AA and not only the adoption of this resolution, but to have the City Manager send a telegram letting the Legislative Delegation know this is coming. M~. Harmening seconded the motion. Under discussion, Mr. Harmening remarked he was sorry they did not send it sooner. Mrs. Padgett then took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Vice Mayor Zack Aye Mayor DeLong - Aye M~tion carried 4-0. Proposed Resolution No. 76-BB - RE: Establish~ug a Boynton Beach Housin5 Authority Mm. Reed read proposed Resolution 76-BB. Mr. Zack~moved the adoption of proposed Resolution 76-BB~ seconded by t~r. Harmening. No discussion. ~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Vice Mayor Zack Aye Mayor DeLong Aye Motion carried 4-0. -12- MINUTES - REGULAR CITY COUNCIL F~ETING BOYNTON BEACH, FLORIDA MAY 4, 1976 Other Receipt of Correspondence from former City Attorney - Ceuncilwoma~Em~ly Jackson Mayor DeLong ascertained that each member had received a copy of the communication from F~. Simon and he added that a copy was on file. He advised that this bill has Been set- tled and paid and Mr. Eohl agreed. M~yor DeLong continued that t .... Be Chair felt this communzcatlon should reeeiva the same treatment as Mr. Reed,s communication. He au~ounced the Chair would accept a motion to spread the communication received from the former City Attorney upon th~ minu~es. ~s. J~ckson ~OVed, seconde~ ~yMr. E~rmening.~ MotiQn car- ried 4-0. The following letter dated April 16, 1976 was received from Mr. Ernest G. Simon~addressed to Mr. Frank Eoh~, City Manager~ "As we discussed on the telephone this past Tuesday, ~his~is tg.res~ond to the contents of City Attorney Robert B. ~eed,s le~er to y~u dated ~rch 24, 1976, r~garding my state- ments for the seven lawsuits listed in his letter, a copy of which letter you f~rnished to me last Friday, ADril 9, 1976. In his letter to yo~, Mr. Reed "assumed" that I~am ~en- titled to the same hourly rate approvedby the Oity Council for services rendered relative the Lehigh case (t~wit~ $60.00 per hour),. Additionally, Mr. Reed questioned whether or not you had authorized me to render my services in four of the seven lawsuits. Initially, aware of it would appear that ~. Reed was either or overlooked the following: At its meeting on January 20, 1976, the City Coun- cil of the City of Boynten Beach voted 5-0 to leave it to your discretion to determine which of the "pending legal matters,~ were to remain with me at the ra~e of $60.00 per hour (the same rate at which I was employed by the City in 1972). In our telephone discussions on Janmary 7, 1976, and thereafter, as well as in our correspondence, including my letter to you of Jan~aary 8, 1976, and your reply of January 21, ~976, you confirmed my employment rate of $60.00 per hour plus out-of- pocket expenses. You requested and authorized me to render my ser- vices as to the pending legal matters, including but not limited to the seven lawsuits listed in Mr. Reed,s letter, and you further requested me to -]3- MI~rdTES - REGULAR CITY COUNCIL M~ETLNG BOYNTON BEACH, FLORIDa_ MAY 4, 1 976 review with and explain to Mx. Reed the various pending legal matters. In making these requests, yon assured me that I would be paid at the agreed rate of $60.O0 per hour for whatever time i ex- pended. ~Yresponslbzlzties as counsel of record continued after Mr. Reed,s appointment and until an appropriate ~ was entered by the Circuit Court authorizing substitution of counsel in each of the cases. 5%is was particularly so in view of your specific requests and the City's prolonged uncertainty as to which of the lawsuits I was to remain as attorney for the City. In further response to M~. Reed,s letter, I submit the following in the same chronological order as set forth in Mr. Reed~s letter, to-wit: (1) D.O~T. vs Seminel~ Feed Mills~ Inc.~ City of~Bo nto,, Beach~ e~'al: At the time of Mr, Reed's a~f~* ^~ Y ~, ~76, a Court Hearing was already scheduled in Circuit Court for January 12, ~976, which required my involvement for the protection of the City,s interests. In response to your authorization, I acted on the City's behalf in seeking a post- ponement of the scheduled hearing in order to provide Reed with more time to prepare for the Court hearing in the event that the City decided to have Mr. Reed take over respon- sibility for t ' ~ ' hzs-lawsuzt. This required telephone calls with the office of the Circuit Judge and with another attorney, Adams Weaver, Ese. In addition, at your request, I reviewed the file with Mr~ Reed. After you decided that ~. Reed would replace me as counsel for the City,in this lawsuit, prepared the necessary Motion for Substitutio~ of Counsel, as well as a prooosed Order for the Circuit Court to enter. Thereafter, ! delivered the file to Mr. Reed. These services, as requested and authorized by you, involved the total time of two hours. ~. Reed has stated that in his opinion these services should no~ have exceeded t.5 hours. The remaining 30 minutes is the d~ ~fferen~ebetween Mr. Reed's "opinion, and the time that I actually ex_oended on the City,s hehalf. (2) J. Earl Pratt vs C' · ...... zt~ (water softenz~ easel:1 au ~ne~me of Mr. Reed's aopointment, I had e~res 0ns' - lity for this lawsuit~ whic~ r ...... ~c~ ~ ~. ~ ~bi you and Mr. Reed subsequently decided that Mr. Reed would take over thai responsibility. As you reguested and author- ized, T rendered such services as was necessary to protect the City's interests 'during this interim period, including those matters described in my statement dated March 1~ ~976. The actual, recorded time expended by me on the City,s behalf totalled 1.1 hours. MAY 4, 1976 MINUTES - REGULAR CITY COUNCIL MEETING BOTNTON BEACH, FLORIDA (3) J. Earl Pratt vs N. Strnad~ et al (water ~ate case): While Mr. Reed appears to acknowledge that I am entitled to payment in this lawsuit, he suggests that I may be billing the City for time expended by me prior to January 5, 1976. In hie meal, Mr. Reed has apparently overlooked the fact that more than three hours of the billed 5.2 hours was expended on the very day of the Court Hearing in Nest Palm, Beach on Jan- uary 8, 1976. This left approximately two he,ars for all other matters set forth in my statement dated March 1, 1976~ (4) Pe~ns Sar Propertles~ Inc., vs City. Again, it ap~ea~s~that Mr. Reed is not aware~of your authori- zatio~ and request to me.~ As you know, my services in this lawsuit totalled two hour~, a~d Nr. Reed ha~ ~estimated" that my total time should not have exceeded one hour. Again, it is simply the difference between the amount of time Mr. Reed "est~m~ted~' a~d the amount of time I actually expended. (5) Tisdale's Sanitary Service~ Inco~ vs City~ et al: At the time of Mr. Reed's appointment On Jammary 5, ~976, a Nearing was scheduled i= Circuit Court for February2?, ~976. Ruring the period from January 7 to February 11, 1976, as you requested, I reviewed this lawsuit withMr. Re~d i~ person, as well as by telephone and correspondence, in am effort to assist Mr. Reed in deciding whether or not he wished to take ever the responsibility on Behalf of the City. While await- ing Mro Reed,s decision, it was necessary to contimue neces~ sary research and study in preparation for the scheduled Court Hearing which was to involve a number of complex pleadings, including the Plaintiff's ~mended Complaint, Defendant Peabody's ~nswer to Amended Complaint and Affirmative Defenses,.Defen- dant Peabody's Motion for gmdgment on the Pleadings, the City's Motion to Dismiss, ~nswer ~oAmended Complaint~and Affirmative Defenses, Cross-Claim and Motion for Judgment on the~Pleadings, and Defendant Peabody's Motion to Dismiss ~ross-Claim. The actual recorded tLme expended in response to your request and authormzat~on totalled ~,5 hours durmng the approximately five week period to ~ebrus~y 11, 1976. Mr. Reed~s "opinion. that there would be only "two legitimate billable hours" is aloparently due to his not being aware of your authorization and request~ (6) Nixon and Tick vs Howell and City: ~ Mr. Reed appears to acknowledge that you requested and author- ized me to represent the City in this lawsuit at the agreed rate o~ $60.00 per hour, and that my actual, recorded.~time "appears to be reasonable.'' It is most significant that the methods of your authorization to me and of my time-recording are i~entical withtthe methods used in the other lawsuits referred to in ~. Reed~s letter of March 24, 1976. -15- MI~HITES m REGULAR CITY COUNCIL ~TING BOYNTON BEACH, FLORIDA MAY 4, 1976 (7) City vs Lehigh Portland Cement Company: Mr. Reed has questioned whether I have billed the City for time expended prior to January 5, 1976, in this certiorari proceed- ing in the Supreme Court of Florida. ~tr. Reed has obviously overlooked the fact that the Order of the Fourth District Court of Appeal denying the City's Petitio~ for Rehearing was not even entered until January 14, 1976, which was nine d~ys after my salary as City Attorney had terminated. Moreover, t--~ity did not even decide to pursue the certiorari pro- ceedings until January 20, 1976. Yet, ~r. Reed infers that I expended ~a substantial portion" of my time prior to Jan- uary 5, 1976, in preparing an .a~peal to the S~preme Gourt of Florid~ before the Fourth DistriCt Court of Appeal even en- tered its final ruling against the City. Under such circum- stances, Mr. Reed's suggestio~ is absolutely ludicrous. At your request, I pursued the Certiorari .procee~3uugs, and my statement sets forth the time expended ~n accord~ance with your request. As a matter of fact, my statement does not includ~ an additional 15 hours because I wante~ to avoid the possibility of a~y repetition of previous research or study. Each of the statements submitted to you i~ the above lawsuits is based upon time actually expended and recorded, and in~ some instances the statements do not show all Of the time expended~ ~~s t stated to you, there a~e more than 20 additional hours for which I did not bill the Gity. These included the additional 15 hours in Lehigh plus several more hours in other matters s~uch as the claim against Rel-Reeves, Inc., the agreement with Paul M. Plunkett, the lawsuit with Slurry-Seal, !nc., the lawsuit with Mary Ludwi~ Sokal, and various other transitional matters. It is most unfortunate that ~. Reed was not aware of the various factors involved in my statsments.~ However, I trust that this letter will assist in clarifying and answer- ing the questions in his mind. i~trust, too, that you will now be able to pay my state- ments as previously rendered. Inasmuch as Mr. Reed's letter has been made a part of the of£icial record and spread upon the minutes of the City Council meeting of ~pril 6, 1976, ! enclose five duplicate copies of this l~tter for your distribution to the Mayor and Council Members.- Rebid for Expansion of Fresh Water Treatment ~ayor DeLong announced a motion would be in order to i~struct the City Manager to rebid for expansion of the fresh water treatment plant. Mr. Zack moved, seconded by Mm. Harmening. -16- MINUTES - REGULAR CITY COUNCIL MEETinG M~Y 4, 1976 BOYNTON BEACH, FLORIBA Under discussion, Mr. Harmening asked the City Attorney if it would be very good form for them to accept the original low bid? M~. Reed replied that he thought the action in January at the special meeting to reject all bids at that time was completely proper in view of the pending lawsuit at that time. He thinks, at minimum, it would be~azardous if the City were to rescind that action taken at the prior meeting and accept the low bid existing at that time. The letter in the agenda book was a result of a telephone conver- sation today and basically the request on the part of the low bidder, was to have Council table action~ The tow bidder in- dicated they would have representatives here and discuss the possibility of accepting that low bid. He thinks Council has acted correctly under the circumstances and republication for bids womld be ~roper. Mayor DeLon~ added that Shey ~i~ try to arrange an amicable agreement with this low bidder, but he wonld ~ut a penalty on any extension. He doesn, t believe he is entitled to smy considerations. At the time this particu- lar decision was made to throw out all bids, the Chair had recommended that the Bid be awarded pending litigation bmt it was frowned upon. He doesn't even thi~ they should even think of rescinding their past action. Motion carried 4-0. OLD BUSINESS ReQuest of Public Defender (Tabled) Mrs. Jackson suggested moving to Item B as members of the Bicentennial Committee were present and this item may take awhile. Mayor DeLong announced that this request would re- main on the table. Status Report on Official Name for ~Boat Ramp Par~' Mr. John Q. Adams appeared before the Council and referred to receiving a letter from Mr. Kohl to the effect that the members of the City Counci~ requested assistance of the Bi- Centennial Committee in naming this park. As a result of this letter, they had a meeting and appointed a sub-commit- tee to present a letter to the Council indicating the way in which they propose to do this. He ascertained that all the members received a cody of this letter. He would just like ~o summarize it by saying they feel they are in a posi- tion to go out timewise and otherwise a~d motivate interest on the part of citizens of Boynton Beach in the naming of the park. They have proposed a contemt under the items men- tioned in the letter. There was one item not mentioned ~ud which should be addedand that is that all members and fami- lies of the Bicentennial Committee shall be excluded for particiPation in this contest. ~hat they seek tonigh~ is the Council's support to proceed on the basis of what they have outlined. If they have any questions~ he is sure he or one of the members from the committee can answer them. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1976 Mayor DeLong replied that he believed the members of the Council are acquainted with the recommendations. Jackson moved to accept the recommendation of the Bicen- tennial Committee and let them go forward with a contest for naming the park. Mr. Harmening seconded the motion. No discussion. Motion carried 4-0. Decision on Pratt Case Mayor DeLong ~n~ounced the Chair would accept a motion at this time that the order of the court in the Pratt Case in reference to the lime softening process b~ made a matter of public record. N~. Harmening so moved, seconded by ~. Zack. Under discussion, Mr. Reed clarified that the order is based on two points. One is the court's opinion that the bend validation proceeding gave adequate notice te all concerned and the matter should have been appropriately been brought before the court in 1975. The court made no determination as to solidness of installing the lime soften- ing process, but to install such a system was a discretionary decisio~ for the City Council. It seems installatiom of the lime softening process was fairly debatable about being hazardous, but the court felt it should not interfere with the C~ty of Boynton Beach making that decision. The plain- tiff ~as appeal rights.~ The ~eriod withi~ the plaintiff cam appeal~is 30 to 40 days.~from the date of decision deoending upon Whether a petition for reh~ri~g is requested an~ denied. Moti~ carried 4=0. Reconsider Vote on Beverage License for "Salty Dog" (Gulf- .s~ream Marina) ~. Kohl read the new application received. He added that the location does comply with the local zoning ordinance. Mayor DeLong added that in voting to grant this application was in ne way or form the g~anting of a license. The ~ote indicates this business falls into the zoning classification. ~s. Jackson added that there were many requirements to be met. Mayor DeLong continued they were certifying theexact location was properly zoned. They will have to comply with all the zoning requirements. ~. Harmening moved to approve the application, seconded by Mr. ~ack. Mayor DeLong clarified the approval Was insofar as the verification of the proper zoning classification regard- ing that location and that operation is concer~e~. Motion carried 4-0. Mro Bob Dalton appeared before the Council and stated his name and his address as 650 Las Palmas Park and advised that he was the Secretary of the LasPalmas Park Home Owners, Association. He stated they wanted to go on record as op- posed to the granting of a license for the serving of MINUTES - REGULAR CITY COUNCIL F~ETING BOYNTON BEACH, FLORIDA NAY 4, 1976 alcoholic beverages. Mayor DeLong replied that the City did not grant the license, but it was grauted by the Division ef Beverage Regulation. Mr. Dalton asked why a vote took place and Mayer DeLong informed him the people granting the license will not issue a license unless the zoning is in compliance. The motion testified to the fact that this location is pro- perly zoned for that type of operation. This is what the peoDlegranting the license request. ¥~. Re~d stated that he believed a good deal of confusion has surrounded these applications ia the past and he believes this confusion existed because the City formerly did grant the license, but no~ it is granted by the Department of Business Regm~.~ati~. Those ~sections are ineffective stating the City gran~s th~s lice~. He explained hgw zoning requirements must be met. The[~ote here ten±ght ms merel~ to indicate ~o the Division of BeYerage that this application doe~ meet the zoning~Code and t~ey a~e forced to give zoning approval. Mr. Don C. Farr stated his name and his address as 656 Las Palmas~ He asked if the State regulations override the City regulations an~ ~. Reed replied that the State regulations pertaN~g to issuance of the Beverage license do pre-empty the City ordin~_nceo The City no longer can issue a ~everage license. Mr. Fart asked if the State regulations controlled the number of ~0mple and size and ~. Reed agreed. M~. Farr DeLong added that he had informed him that the City e~ Boynton Beach was more stringent than the State. Mrs. Fart referred to the City Attorney stating the State supersedes and~Mayor DeLong replied they mus~ still comply with ~he City. Mr. Farr informed him that the State requires 150 and he-was told the City is 250. The first time they made a mistake was tol pass an existing license for a licensee that did not exist. Mayor DeLong stated they acknowledged the fact that the first application forwarded to the City ~ouncil~ the City Council was misled on the wording of i~. They rescinded this vote at a special meeting. Now the same application is being presented in the proper form. If the ,people im the neighborhood feel they can fight the State i~ greeting ~his application, they are wrong. Mrs. Jackso= ~dded that she believed this would have to go before the P~uing & Zoning Board and ~. Kohl informed her it would only go before the Building Department. Mr. Fa~continued with referring to Mayor DeLong's comment about downgrading the City too long. His street has $400,000 worth of assessments on it and they are downgrading them. ~$~yor DeLong replied that the present Council was not down- ~radir~. They inherited this. There was a beer and wine icense there. Mr° Fart replied they were here tonight abont that. MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA MAY 4, 1976 Mr. Harmeming attempted to clarify further and stated that the City-has no control absolutely whatever over granting a license. They do have criteria for construction, seating capacity, etc., which is more strict~r than the Etate and the City enforces it. Mr. Farr referred to the City Attor- ney stating the State supersedes. ~. Reed stated that inso- far as granting the Beverage license, all the City Co~cil can do is to indicate to the Department of Beverage whether the particular zone complies with the zoning reg~lations,I I~t ~oes, they have to approve the certificate of zoning Mr. Farr stated they have g~ne to the State and know their regulations. If the Etate regulations supersede the City regu~ationm, he has a license~ Mr. Reed replied that~ he may be issmed a license by the State, but it ~oes not mean he can use the license i~ the City. Whether he can employ it ~n his.particular .establishment is up to t~e City of Boynt~n .~each. Mayo~ Be~ ad~e~ that there is only one agency that can grant a ic/~ '~n~ without ~a c/o, he c~uot o~en or operate his license. Th~ one co~trQlling the c/o is the City of BoyntonB~acho Mr. iRe~d'ad~ed that the City determines whethe~ a c/o is issue~mfter they obtai~ a beverage license. ~s. Jackson que~tione~.~ this and did not h~ve they have applicator by the. City. He fa~t tho~. Mrs. ~Jao~ Buzlding Depar~men$ not ~est t~eCity ~equ~ operation in that~artl~ as they can do. hether the former owner applied for ating capacity~and Mr. Farr stated everal times and it has been denied the situatiom is c~angi~gvery m~ated that itggoe~ back to the ~eLong assu~8,~ them if they did ~en~s, there wamld be no beverage ~establis~ent. That is as much R_eferendum - M~yor Joe De~on~ ~.a~or DeLong announced he would like a ~otion to instruct the Czty Attorney to p~epare the necessary oallot for a referen- dum on six items. He recommends having a special municipal election to be held on Tuesday, September 7, 1976, with the following item~ to Be voted upon by referendum of the electors: Change the present Municipal Election Day to the second Tuesday in !~rch of each year. Independent election of Mayor for a 3 year term. Duties and power of office to be consistant with the duties and power under the City Council-City -20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~Y 4, 1976 N~nager form of government and designating the Mayor as the liaison between the City Council and the City Manager. If approved by the electors, the effective date would be the municipal election of 1978. The elimination of municipal primary elections. The elimination of the restriction on the amount of terms of office a Council member can serve. Effec~ tire date would be the municipal election of 1978. Shall the City Council proceed with plans for the cost estimate for the construction of a municipal auditorium? Final approval for construction shall be vested in the City's electors. 6. Staggered terms for the members of the Civil Service Board. Mrs. Jackson referred to making September 7 the primary day would mean a lengthy ballot. She told about talking to people in West Palm Beach who changed the dates to coincide with the presidential election and many people did not vote. By the time they got through with the presidential votes, they for~ got to vote for the city elections. They would be putting themselves ~derneath the State election. She questioned if they would be lost in the State election? Mayor DeLong re- plied they could make it two weeks later or earlier. M~s. Padgett informed them that the election officials in West Palm Beach indicated the machines would not be available for a special City election in September. If they~voted in Sep- tember, it would have to go on with the other items. Mayor DeLong asked when the machines would be available ~nd Mrs. Padgett replied they are usually tied up for 30 days after an election. Mayor DeLong suggested the second Tuesday in ~ugust and Mrs~ Jackson replied that many people are away at that time. Mayor DeLong stated that enough people were here and he is trying to eliminate the primary this year. M~. Zack asked ~s. Jackson if she had gotten her information from the Municipal League and ~s. Jack~on told about call~ ing West Palm Beach and being told that 6~ of the people voted, but they had no idea how many people vote8 in the city election° M~yor DeLong continued if-~ey can go on the same ballot on September 7, he thi~s there will be enough interest created betwee~ now and September 7 so the people will look for these items of referendum. ~s. Jackson re- marked she would rather have it in September than Augusto and she thinks it should definitely go to referendum. Mrs. Padgett informed the Council that three people had asked to speak on this subject. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1976 ~. James O'Meara stated his name aud his address as 1351 S. We 27th Avenue. He stated that it seemed to him that Boynton Beach, as far as his personal experience, has done beautifully over a period of years. This is based en the fact of the number of building permits issued in PalmBeach Co~-uty~issued for 1975 and he read the totals for the various cities in the Co~uty. He stated that this means to him that this City has grown beautifully. As this City has grown with the library, police department, etc., it is spelled out well in the referendum. He then referred to the Co~cil members having been elected and re-elected. It means to him that the experience and work of the people on the Council ~_ud all the things the people Rave put into cooperation have given him a fine City to live in. Just the other day, they opened 1-95 for more people to be in Boynton Beach. They must th~k where they are going in the future. Where they go is up to the Council, but they are turning it over to the people. These discussion~ have been going on a~d on since he has~been here~ Ne thihks the changes are excellent and look~ forward to a won~erf~ existence in this City. N~ Mike Mignon stated his name and his address as 2400 N.E. ~st Lane. He stated that he has only lived here two years, but has been involved i~ City politics from the time he be- gan attending these meetings. He is a representative of the Village Royale on the Green Owners League. They are abso- lutely in favor of alltthe itemS going for referendum. Mr. Re B. Vs~tines~ated his name and his address as 132 Leisureville Blvd~ He informed the Council that he was speaking for the United Boynton Civic League. He has Mayor DeLo~g's original presentation made some months ago regard- zng these items going to referendum and it was discusse~ by the League. This is a definite forward move. At their last meeting, they voted unanimously to support thle referendum to have the people in the City make up their minds. Mayor DeLong announced that he made appearances before the Co~onia~ Club, Pine Point Villas, Retired Federal & C~vil Service Employees Association and they were all in accord. He added that quite an amoun~ of people are interested in these six items to be placed on the referendum. Mayor DeLong announced that at this time, the Chair will accept a motion to instruct the City M~nager in conjunction with the City Attorney to prepare the ballot for the six recommendations for referendum for a special election to be held on Tuesday~ September 7, 1976o ~. Zack so moved and Mayor DeLong passed the gavel to ~r. Harmening and seconded the motion. Under discussion, ~s. Jackson asked if the second Tuesday in. March was the presidential primary and ~22- MINUTES - REGUI~M CiTY COUNC1-L ~ETING BOYNTON BEACH, FLORIDA MAY 4, 1976 ~ayor DeLong replied: yes, every four years, this City would get a free ride. Mrs. Jackson asked who made the ballot and Mayor DeLong replied that he believed the place on the machine would come under the Supervisor of Elections. Nowever, inso- far as~ the referendmm,s verbage, it will be t~_ken care of by the City Attorney. Mr. Harmening referred to two items, one a complete item-and the other part of Item 2, which he is not sure he agrees with. With regards to the second item, he is not sure the people are familiar enough with the City Manager/¢i~y~ Council form of government and designating the Mayor as the liaison offi- cer between the City Council and City Manager. He would like to know just e~actly how it will appear on the ballot. He thinks their motion shonld probably be to direct the City Attorney to prepare the semi-final verbage to be placed on the ballot and they would approve that. The other item he is addressing, which he k~ows has been kicked around in the l~st election, is the el~nation of the municipal primary elections. ~n his opi~on,,1 he thinks they will rush ehortly ~t.hereafter to change thief Drovisi~ back ~again. He is sure ~nere are some, but can't think of a single body w~ether it be City, County, State, etC., that uses this form. Mayor DeLong replied ther~ were a lot of m~icipalities around locally~ ~r. Harm~ning asEed if they were quite small and Mayor DeLong replied that Deiray Beach was one. Mrs. Jackson ~at~d t~at s~he knew they l kayo primary electi0ns. Mayor !~ ~ong clarified' ~hmt the ~utentiOns of a primary election were to have candidates withi~ a party vying for a ~omina- tion and they have ~o party, so there is no necessity. Nrs~ Jackson stated if they did not have a primar~ election in 1969, she would have had two ter~ as Mayor. Ehe explained how she thought the primary was a good idea. Mr. Earmening continued that his real primary~ o~jection to no primary is simply, and.~his has happened ~ places on more tha~ one occasion, ~i~f they have a la'ge ~u~ber of candidates in an election, it iS possible the winner~ may be minority candi- dates. He gave ~n example of how this~could happen. ~e~or DeLong stabed that at the present time, they are giv- ing the electors of the City an opportunity to express their feelings and he does not S~e wk~ ~one wo~ld o~ject to i~?s-uch~skt'~Se';go .~: reTe~n~. T'he.~. will ha ~he~r przv~lege to carry the me~sage to the people in objec- tion to any one of the six item~. Ne just wants to get mov- ing in the preparation of this. He ~believes this verbage will be in the legal sense with being handled ~y the City Attorney. The objection is whether they are going to permit htehe~P~e~o~_le~,_to vote~o.n_thes.e.six it.em~.~. Mr'~ Harmening stated ~n~ ~ney wou±c oe ma~g a ~take, e~en if the people voted 100%, to eli~uate the municipal primary elections. He also does not understand the Mayor Being the liaison between -23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~Y 4, 1976 the City Council and the City Manager. Mayor DeLong replied that the Mayor was not going to perform any other duties than what they have bee~ The Mayor works in close harmony with the City Manager and there are certain things he requests information on and it is up to the Mayor to relay that infor- mation to the City Council. ~rs. Jackson stated this was spelled out in the charter. M~yor DeLong continued that it did nothing than to confirm what is i~ the charter. He is sure when F~. Reed comes up with verbage, they will have no complaints insoZar as the way it is explained to the public. He is quite sure it will be thorough and in language the people can understand. Mayor DeLong then requested a roll call vote on the motion and M~s. Padgett conducted it asfollows~· Councilman Harmening ~ No Councilwoma~u Jackson - Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 3-t. Mayor DeLong requested the City Attorney and City Manager to immediately proceed. Mr. Zack asked if they were going to discuss the request of the ~blic Defender and Mayor DeLong replied they were leav- ing it on the table. ~r. Zack suggested that these people get together' and see what they ca~ do. Mayor DeLong informed him that the City I~ager has been directed to do this, But the Municipal Judge has been ill. ~EW BUS~ESS Request Approval of Agre~nent Between the City and Palm Beach County, Providing for Funding and ~dministration of Community .Development Block Grant Pro~ect Mr. Kohl referred to correspondence received from N~r. Ansell Jefferies, given to him at the last meeting he attended, April 2~st~ In addition, he had the agreement in his office for their review'before the meeting, consisting of 65 pages. He also has it with him tonight. He respectfully requests approval to execute this agreement. Mr. Eack moved to grant approval of the agreement between the City and Palm Beach Co~uty providing for funding and admini- stration of Commnnity Development Bl©ek Grant Project as requested by the City Manager. ~. Harmening seconded the motion. ~nder discussion, Mrs. Jackson referred to the pro- gram responsibilities for the municipalities and questioned wh.at the Hatch Act had to do with this and Mayor DeLong re- plied they were just protecting themselves. ~otion carried ~24- MINUTES - REGUI~R CITY COUNCIL MEETiNG BOYNTON BEACH, FLORIDA MAY 4, 1976 ADMINISTRATIVE Request of canal 30~ Inc. (West Winds Golf & Racquet Club) Mr. Kohl referred to a request from Mr. V. Paul Scoggias, Project Manager of West Winds and also Article II, Trailers, Section 30-2 through30-4, from the City Code of Ordinances. He adwised that the Building Official has approved this re- quest subject~to Council's approval. M~r. Kohl then read the following letter dated April 20, 1976, from Mr. V. Paul Scoggins, Project Manager, Canal 30, Inc~: "West Winds Gol~ & Racquet Club would like permission to install an eight foot by thirty five foot mobile office at our tennis complex. This would serve as an office for the Tennis Pro and would be used primarily for the collection of revenue and m6nitoring of the courts. The period of time requested is one year. At the end of the year, we will either construct a permanent facility or ask for an extension of our permit. Your cooperation in,this matter will be greatly appre- ciated.'' Mrs. Jackson moved to grant the request of West Winds Golf & Racquet Club for the use of a trailer for the oeriod of one year. I~r. Harmening seconded the motion. Under discussion, Mrs. Jackson referred to this also being done by Leisureville. Mayor DeLong added that these new people are doing a terrific job. He added that there is a trailer at the present time located on the other side where Palmland is developing. Motion carried 4-0. Request for Extension of Retirement - Mr. Henr~ Alber~ Mr. Kohl referred to a request on file from Mr. AlberS and his comments which he submitted last year on the same re- quest. To bring the Council up to date on ~.~Albers' absences, he has been out four days in 1976 due to the death of his mother who resided in Daytona Beach. Needless to say, he is of the same opinion this year. According to the ordinance, N~. Albers is permitted to request an exten- sion of his retirement for four successive years or at age 70 whichever co,es first. Again, he strongly recommends Albers, retirement be extended for one year beginning June 14, ~976 through June 13, 1977. He added that Mm. Albers is his real right arm as far as building maintenance. ~25- MINUTES - REGUL~9 CITY COUNCTL ~ETiNG BOYNTON BEACH, FLOR/DA MAY 4, 1976 Mr. Harmening moved that the request for retirement extension from Mr. Henry Albers for one year be granted. Mrs. Jackson seconded the motion. Under discussion, Mayor DeLong stated that the City cannot afford to lose this man. Mrs. Jackson agreed he is a good man. Motion carried 4-0. Gonsider Approval of Final Balancing Order No. 1 - New Office Building~ Laboratory and. Maintenance Shop (West Construction) Mr. Kohl referred to correspondence on file from Mr. Joe Swan of R&A. He respectfully requests Council's approval of this Final Periodic Estimate #8. Inasmuch as they received this quite late, they did not have an opportunity to transmit it to the~City Attorney, but will ask for his approval at the meeting, as he will have a~ opportunity to review it prior to the meeti~ug. Also on file is information received from our Utilities Director regarding t~is project. This item is also on the~Approval of Bills later in the agenda which will he submitted to Council should this request be granted. Mr. Kohl then read the following letter dated April 28, 1976, from JOe C. Swan, P. E., Engineering Manager, Russell & Axon: "Enclosed is specimen of Final Change Order No. t for subject project, representing a net increase of $4,137.25 (2.8% of the original contract value), which is submitted for Council approval. This change order reflects all changes which varied from the original contract plans and specifica- tions. An explanation of each item appears after the line item title. Upon approval, we will order For proper execution. Final Change Order No. 1." provide six copies of the change We recommend approval of this Mayor DeLong asked if the City Attorney had reviewed this and Mr. Reed replied that he had and everything is in order. M~r. Harmening moved to approve Final Balancing Change Order No. I, New Office Building~ Laboratory & Maintenance Shop. Mr. ZaCk seconded the motion. No discussion. Motion carried 4-0. Applications for Permit to Solicit 1. Delray Art League 2. Socialites Softball Association 3. Leisureville Veterans of Foreign Wars #100~0 Mr. Kohl informed the Council that these three applicants were given permission last year. In regards to VFW, he be- lieves there are deed restrictions in Leisureville. -26- MINUTES - REGULAR CiTY BOYNTON BEACH, FLORIDA COUNCIL MEETING M_~Y 4, 1976 Mayor DeLong suggested phrasing the motion that permits will be granted provided no solicitatio~ is made where prohibited. ~s, Padgett informed the Council that Mr. R. B. Yastine had requested to speak on this. Mx. R. B. Vastine stated his name and his address as 132 Leisureville Bomlevard. He stated he was speaking as a pri- vate citizen of Leisureville. They have definite restrictions on solicitation. There will be absolutely no solicitation on private property. There will be no solicitation on the club house property. The address given on the applicationwas the ~r Club house. Mayor DeLong replied that he believed they were only using that address and Mro Vastine stated that they have no address. Mayor DeLong asked if they held meetings there and Mr. Vastine repl%ed that they did not meet there any more, but meet in the ~er~.c~h~egi~r..D~ We-st Dcean Ave. Mayor DeLong suggested making a motion to grant these applica- tions provided these people are not to solicit where soliciting is prohibite~ in subdivisions. Also, notify the ~ to change the address on the application to the place where they are meeting now. Mr. Harmening moved that the three applicants be granted permission with the proviso this permit does not include any private sectors of the City ~ot in the public domain. ~s. Jackson seconded the motion. Mayor DeLong sug- gested including the change of address request~on the VFW application and Mr. Harmening agreed~ No discussion. Motion carrie~ 4-0. Request for Cemeter~ Lot Transfer M~. Eohl read a letter from ~. j. P~nrose and Anna S. Penrose surrendering their deed and transferring the ownership of Lots 74 and 75, BiE~E~ fo p~edG.~& Laura Benson. He added that this was approved by the Cemetery Board. F~'s. Jackson moved to accept the recommendation of tery Board and grout the transfer as recommended. mening seconded the motion. Motion carried 4-0. the Ceme- Approval of Bills Kohl read the following bills for approval: Russell & Axon Inv. #2 7460-3-t Engineering Services - Ocean Outfa!l Offshore Survey in connection with SCRWTD Board Pay from Utility General Fund - Boynton Beach share Refundable from future bond issues Authorization dated 2/5/76 $ 660.00 ~-27- MINUTES - REGUI~R CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~Y 4, 976 Russell & Axon Inv. #2 7460-2~II Engineering Services for Solids Recovery System for the Boyhton Beach - Delray Beach Regional Was~ewater Treatment Plant Pay from Utility General Fund - Boynton Beach share Refundable from future bond issues Authorization dated 2/5/76 5,500.00 Rubin Construction Co. Cold Mix Pay from budgeted funds 001~854.35 ,155.95 West Construction Co. Est. #8 & Final New office, lab and maintenance shop - ~astewater Treatment Facilities Pay from Atlantic National Bank 1975A Series Water & Sewer Bond Issue Subject to approval of Change Order #1 Co~tract dated 6/1/75 25,256.75 IsiahAndrews Driver for Senior Citizens ~lu~ - 2 weeks Pay from Federal Revenue Sharing Fund 020-880 Ordinance #73-15, passed 5/~5/73 Cynthia Lewis Server for Senior Citizens Club - 2 weeks Pay from Federa! Revenue Sharing Fund 020-880 Ordinance #73-15, passed 5/15/73 90.00 96.00 ~. Kohl noted that the bills described have been approved an~ ~erified by the department heads involved; checked and appro~ed for psyment by the Finance Director; funds are available in their respective budgets; and he recommends pay- ment of these bills. M~s. Jackson moved to pay the bills, seeded by M~. Zack. Under discussisn, Mr. Harmening referred to the building they were paying the final estimate on and stated it is a shame that it is the nicest building in the City and it is the sewer plant. Mayor DeLong referred to Mr. Harmening hav- ing expressed these regrets at one time in theapast aud he was advised this building would remain and had no connection with phasing out of the sewer plant. He added that Boynton Beach is now getting some class. Motion carried 4-0. ADJ OU~MENT M~. Harm~ning moved to adjourn, seconded by M~s. Jackson. Motion carried 4-0 and the meeting was properly adjourned at 10:30 P. M. -28- MINUTEE - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA CITY OF B0¥NTON BEACH, FLORIDA ATTEST. ~ ~~City Clerk Respectfully submitted, Suzar~ue t~ruse~ Recording Secretary (Four Tapes) Council Member -29~ RUSSELL Established in 1920 En~_neers · Planners · Amh/tects Incorporated April 28, 1976 Mr. Frank Kohl~ City Manager City of Boynton Beach P.O. Box 310. Boynton Beach, Florida 33435 Dear Mr. Kohl: Subject: Jarvis Property - Test Well Program - Bids (Revised) City'of Boynton Beach Project No. 6858-7-CP ~n April 21, 1976, at 11:00 a.mc bids were received in the office of the urchasing Agent on'subject, project. There were ~our plan holders, and bids Were redeiv'ed from two contractors. Attached is a summary of the bids and proposed calendar days for completion, as verified by this office. This was n-itemized bid, with no alternates. You will recall when previously bid on nuary 22, 1976, the low bid was by A.E.C.O.A., Inc-., at ~40,697.50. The vised pKogram wi. It provide two 6" test wells (I50 ft. deep), four 2" ob- lervation wells (150 ft. deep), pumping tests, chem~6al analysis, as well as ne 2" FCD monitoring well (188 ft. deep), plus tiJo 2" FCDmonitorin wells 90 ft. deep) compl'ete with'two.continuous water level recorders to' ~atisfy he FCD well permit requirements. ~ hereby recommend award .of the contract to the low bidder, A.E.C.O.A., Inc., 2pO0 loth Avenue North, Lake Worth, Florida 33461, whose bid was $18,968.00 and stipulating 80 calendar days for completion. Upon our request, we received a listing-of projects (past and present), ref- eKences and equipment from Mr. Rudoqf Roth, President of A.E.C.O.A., Inc., (~opy attached) and.have their financial statement on file. They appear to b~ ~ualified to perzorm this project and will be bonded. 167 N. E. 2ND AVIgNIJE. POST OFFICE BOX 18~7 · DELRAY BEACH, FLORIDA 33444. 305/278-2615 Mr. Frank Kohl, City Man~^~ Page 2 April 28, 1976 Project No, 6858=7-CP Jarvis Test Wel! Program ..Th~s p?~ect i~ proposed ~o be financed in part~($13,-500) by the-Series !975 A mater a ~ewer Kevenue uond .issue,. with the reme~nder {$5,468) by the ite~ titled "New Well Plaid-Location Study ..~ etc." includedin the Se~es 1975 B Bond issue. Should this recommendation be accepted, we will provide contract documents, as usual. Please advise ~his office of your action. Sincerely, RUSSELL & AXON Joe C. Swan, P.E. Engineering Man_ager JCS:tan Encs. (2) cc Mr. Perry A. Cessna, Director of Utilities (w/enc.) A.E.C.O.A.,.tnc. (w/enc.) M~H~ RTG - R&A, Daytona