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Minutes 02-17-76MINUTES OF REGb~L~_R CITY COT/NCtL ~ETING OF TP~ CITY OF BOYNTON BEACH, FLORIDA, HELD IN CiTY HALL, TUESDAY, FEBRUARY 17, 1976 PRESENT Joe DeLong, Mayor Joseph F. Zack, Vice M~vor Edward F. Harmening, Councilman Emily M. Jackson, Councilwoms~ Norman F. Strnad, Councilman Frank Kohl, City ~nager Robert B. Reed, Jr., City Atty. Tereesa Padgett, City Clerk Mayor DeLong called the meeting to order at 7:30 P. M. He asked all to rise at the sound of the gavel for the invoca- tion given by Mr. Frank Kohl, City ~i~nager, followed by the Pledge of Allegiance to the Flag led by Vice Mayor Joseph F. Zack. Anno~3/~ceEents Mayor DeLong referred to the Agenda and announced if there was any item anyone in the audience desired to speak about to please step forward and give their name to M~s. Padgett and the City Clerk will call upon them attthe appropriate time. He added that it appeared to be a heavy schedule and if the Chair feels there is a lag in thepproceedings, it will request an adjourn- ment at ten o'clock. Mayor DeLong then read a Proclamation proclaiming February as Boy Schuts of America Month. Mayor DeLong then read a Proclamation proclaiming February 17, 1976, as Susan B. Anthony Day. M~UTES Special City Council Meeting - January 30, ~976 Mayor DeLo~ requested co~nents from the Council members starting on his right. Vice Mayor Zack replied that he had no corrections or omissions. I~. H~mening passed. Jack~on referred to alum coagulation being misspelled in several places. She then referred to Page ~0, second para- graph, which should be "cities" instead of ~they". Strnad replied that he had nothing. Mr. Strnad moved for the acceptance of the ~inutes of Janu- ary 30, 1976, with the corrections noted. M~s. Jackson seconded the motion. Under dmscuss~_on, ~. Harmening stated that he was not present a.ud would abstain from the approval of these minutes. Motion carried 4-0. Regular City Council Meetin~ - Februe~y 3~ 197g Mayor DeLong proceeded in the same manner and Vice Mayor Zack replied that he had nothing at all. k~. Harmening MINU~S - R~GULAR CIT~ COUNCi=~ ~ETING BOYNTON BEACH, FLOR/DA FEBRUARY 17~ 1976 ~pli~ t~e had no corrections. M~$. Jackson referred to ge ~, tnm~ paragraph, fifth l~ ~R~u~te should be July ~ and not July 6. Also, the fourth line from the bottom should say the Boynton Be ~ ~ a~h Co~ttee was the most outstand- ing. ~ Strnad replied that he had none. M~. Harmening moved for the adoption of the u' .~nutes of Feb- ruary 3, ]976, as corrected, seconded by M~. Zack. No dis- cussion. Motion carried 5-0. PUBLIC AUD ~NCE M~. Tom Mar%'in stated his na~e and his address as ~08 S. W. 4th Avenue. He informed the Council that he was here in re- gards to the chain which was erested on S. W. 3rd Street and S. W. 23~d Avenue. Many parents in Golfview Harbour and Chapel Hill feA1 it was out up to stop kids on bikes from going through, which the~ consider is a safe route. With the chain, they cannot ride their bikes to the bell park, library, school, etc. He feels the chain should be taken down so the kids can ride to S. W. 3rd Street. He feels this should be considered. He referred to the resolution being passed to close the street. With the posts, the P~ids could still get through. He then asked the parents in the audience to stand up who were in agreement and several did so. Mayor DeLong replied tha~ personally he was very fearful of the youngsters crossing that highway, but he will not let his personal feelings inter~ere. He has been there when the youngsters go to school. They have not done aything but help conditions. The chazns are going to remain to keep out the motorcycles. M~s. Jackson asked why the chains were put up and Mayor DeLong replied on accounz of the motorcycles, which the people from High Point can verify. ?~. Marvin continued that they realized why it was closed and underst~d this. There is a small area with sand e_nd wood pieces and they appreciate that, but would like a place for the kids to come off the highway. He believes the Police Department can handle the motorcycles. He suggested possi- bly paving it. M~Jor DeLong agreed it would be no problem to black top it. ~. M~vin added that they just want easy accessaand Mss-or DeLong replied that they will have easy ac- cess and the people in High Point have never objected to kids on bikes. If it is the will of the Council, they will pro- vide black top. However, as soon as the motorcycles get smart, they will use the sams place. ~. ~mrvin replied that he feels the Police Department can handle it. ~s. Jackson moved to blackttop the portion referred to and put up "No MotorCycles,' sign. The audience resoonded nega- tively~ ~s. Jackson questioned whether there ~as any reason MLNUTES - REGUi~..~ CITY COUNCIL ~TING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1976 not to put this sign up? They have signs stating ~'No Trucks". M~. Kohl replied that if they wanted a sign and asphe~t, it would be done tomorrow. Mayor DeLong re~&~ked that he be- lieved it could be handled e~ministratively. M~s. Jackson stated she would like to know how it will be handled and if they will have black top. M~vor DeLong replied that they will have signs and black top. M~. Frank Carr.~l stated his name and hie address as 340 High Point Court. He stated that he gets quite a kick out ~of all. this. Actually if they inspect this point, they don't need any black top as the kids can come right mn. However, this is private property. Over six months ago, a petition was signed by over 700 people in High Point to close this street. They don't object to b~kes, even though they are actually trespassing, but want the kids to enjoy themselves. The Council voted ~aanimously to close that street. All that traffic is for High Point.T There is no necessity for motor- cycles and they are in violation of the law. This is a thor- oughfare only running through High Point. They have about 750 year-round residents and in season at least 1,200. T~ey have no sidewalks. They have four clubhouses. They must walk on the street. They do not want vehicle traffic through there. There has been some talk about opening that street, but he doesn't think they should open a bag of worms. Mayor DeLong commente~ that he thinks they should quit while they are ahead. 5~s. Jackson referred to P~. Carrel's statement of this being a private street and asked the City Attorney ~ it was still a dedicated City street since it was not abandoned? M~. Reed replied that if they did not pass a resolution or ordinance to abandon the street, it did not become s private street. M~s. Jackson stated that it is still a public thor- oughfare and a City owned street smd Mayor DeLong agreed. A.iady from the audience appeared before the Cou~ucil and dmd not state her name and rexerred to living in Golfview Harbour ~ud not having any streets chained. She referred to the delay involved in getting into High Point for a~u- lances, fire trucks, etc. and how this affected their insur- ance. Mayor DeLong informed her there were three entrances to High Point and this has all been discussed. She asked if they could close off streets in Golfview Harbour and explained how they had no sidewalk~ nod a place for children to pla~. She also referred to how the black top Went to Seacrest and 23rd Avenue and how this was such a dangerous interse6tion. This wae discuese~ further and Mayor DeLong concluded that they ha~ heard from both sides and have arrived at a suitable arrangement and they will have an entrance and will not be kept off 3rd Street. MIt%=JTES- REGUL~.R CITY BOYNTON BEACH, FLORIDA COUNC~ MEETING FEBRUARY 17, 1976 M~. Nathan Goldberg stated his name and his address as 1317 S. W. 17th Street. He referred to the meeting of February 3 and the discussion about lights on S. W. 18th Street. He referred to Vice M~¥or Eack's remark that there was a committee work~ng on this, but they were having problems g. etting ease- ments. Since this meeting, he has checked with twenty resi- dents on that street ~ud none have been asked for easements. He is wondering if anything is being done and if a committee is working on it. Mayor DeLong requested the City Manager to reply and Mx. Kohl informed him that he has been in touch with Florida Power & Light Co. and they informed him that there were problems in procuring the easements. Mayor DeLong asked ME. Gol~berg if he was satisfied and Mr. Goldberg re- plied: no, not since people say they were not even asked for easements. Mr. Zack informed him that there were twm people asked for easements, who would not give them. Mx. Kohl re- quested that he give these names to him and he would get the lights installed. BIDS Jarvis Property - Test Well Progr~ M~. Kohl informed the Councit that bids on the above were opened in the Office of the Purchasing Agent, M~. William H. Sullivs~, on January 22, 1976 at 1~ :00 A. M. Copies are on file of the Tabulation Sheet and letter of reco~mmendation from the Consulting Engineers, Russell & A~on. In their letter, Russell & Axon recommends that they reject all bids submitted an~ re-bid this item. He concurs with their recom- mendation and requests Council,s permission to re-bid. I~s. Jackson moved to accept the reco~m~endation of the City Manager and Russell & Axon and reject all bids and re-bid this item. Mm. lack seconded the motion. Under discussion, Mayor DeLong clarified that they were going to accept the recommendation of the Cousulting Engineers to reject all bids. This recommendation bears the approval of the City Manager. They are going to re-advertise. Motion carried 5-0. Installation of New Flood ~' ' ~mgnts on Existing Poles: Little League Ps, k, Senior League Field and S. W. 15th Avenue and 1-95 Mr. Kohl informed the Counciltthat bids on the above were opened on Monday, Fe ru~.ry 9, 1976 at 3:00 ~. M. in the Office of the Purchasing Agent, ?~. William H. Sullivan. The Tabulation Committee recm~mends acceptance of the low bid from Electrical Systems, !nc. of Delrs~ Beach in the amount of $3,544.00. Co~ies are on fi~e of the~Tabu_a~on~ '~ Sheet and copy of Affidavit signed by Mr. John C. Mills, -4- MINUTES - P~GULkR CiT~Z COUNCIL ~EETIN~G BOYNTON B~ACH, FLORIDA FE. BRU~_~Y 17,~ t 976 ~esident of Electrical Systems, Inc. He has checked all other ~equirements and everything is in order. Funds are available in Federal Revenue Sharing, Account No. 020-856. He concurs with the recommendations of the Tabulation Commit- tee. M~. Earmening moved to accept the low bid from Electrical Systems, !nc. of Delrey Beach in the amount of $3,544.00 on the recommendation of the City Manager and Tabulation Commit- tee. ~s. Jackson seconded the motion. Under discussion, M~s. Jackson pointe~ out that there was a difference in the number of days. They are lucky to get the low bid and short time. M~. Strnadreferred tethe bid not including certain items and queationed this. Mayor DeLongagreed and questioned if the bid was in line with the specifications as advertised. M~. Kohl repl~e~: ~es and explained that they ~'ere buying the other necessaryequipment themselves. Motion carried 5-0. One (1) Compressor for Self-contained Breathing Tank for F~re Department .... I~. Kohl informed the Council that bids on the above were opened on February 10, 1976 at 10:00 A. M. in the Office of the ~.rch~i~ Aigent, ~. William H. Sullivan. The Tabula- tion commibteel recommends acceptance of the bid from Mako Engineering of M~ami in the amount of $2,213.00 inasmuch as it was their product that they requested a bid on, plus the fact that if re,irs were necessary, Miami is much closer than other bidders. Also, the delivery time is less than the other bidders. Copies are on file of the Tabulation Sheet ~d Affidavit signed! by Mr. A1 Devrles, General Manager of M~mko Engineering. He has checked all other requirements and every- thing is in order. Funds in the e~ount of $2,000.OOOa~e avail- able in the Federal Revenue Sharing Fund Account No. 020-820 and he respectfully requests permission for a Budget Transfer of $213.00 to be ~de from Federal Revenue Sh~ring Fund Ac- count No. O20-818. He concurs with the recommendations of the Tabulation Committee. He added that there was a $5.00 difference in the lowest bid~ but it was from a firm in Or- lando. M~s. Jack~on mo~ed to acceot the recor~endation of the City Manager and Tabulation Co~ittee and award the bid to Mak~ Engineering of ~mamm in the amount of $2,213.00 with the funds to come from Account No, 020-820 for~.m,O00.O0 and Account No. 020-8t8 for $213.00. M~. Harmening seconded the motion. No d~scussion. Motion carried 5-0. LEGAL Ordinances 2nd Reamm~g PUBLIC -5- MI~TE~ - REGUmAR CITer COUNCIL MEETI£~G BOYNTON BEACH, FLORIDA FEBRUARY t 7, 1976 Proposed Ordinance No. 76-3 RE: Repealing Ordinance 75-43 ~ud Sections 66.1 ~ud 66.2 Which Amended Section 66, Article IV of the Municipal Charter of Said City to Clarify the Meanin$ of "~blic Records~. . Reed read proposed Ordinance No. 76-3 on second reading caption only. Mayor DeLong asked if anyone in the audience desired to speak in favor of this ordinance and received no response. He then asked if anyone desired to speak in opposition and the follow- ing appeared before the Co%uucil: k~s. Kathleen Kirton stated her name and requested that this ordinance be explained. She would like to Ymow the purpose of this ordinance. Mr. Reed explained that at the end of last yes~, the City Council adopted Ordinance No. 75-43 which amended the City Charter to provide that the City Clerk would not only be the custodian of City records, but the records would be public records. Also, any person withholding public records from the City Clerk would be demanded to return them within ten days to the City Clerk. The present Ordinance No. 76-3 repeals the previous ordinance as it relates to the Che~- ter with defining public records to be given to the City Clerk within ten days. Mrs. Kirton questioned why any public,official would need to keep out records more than ten days. She continued with ex- plaining how she is a licensed public stenographer and must research records at City Hall fo~ elderly clients, etc. Will these records no longer be in the cenvral file? ~,i~yor DeLong replied that they would be in the custody of the people who are supposed to have the records. M~s. ~irton asked if she would be deorived access to these records and ~. Reed replied: no, the Dep~rtment heads will have records in their Deoartments. The public nature of these records is not lost because-the records would be held by the Dep~rtment heads. ~s. Kirton asked how they would !auow where to find certain records and f~ther referred to how it was easily accessible at the County Court House. She stated that she feels public records should be public in a central file. She thought it was settled with Watergate. She doesn't altogether understand this ordinance. Mayor DeLong replied that there was no comparison to Water- gate and she will get the records. ~Ar. Carl Zimmerm~ stated his name and his address as 122 N. W. ~4th Street. He informed the Council he was opposed to the passage of this ordinance. During the 17 yee~s he has been a resident of this County, he has always felt secur- ity in being able to go to the City Clerk,s Office and get information on every day problems. Some people may be sat- isfied with a second-hand answer,~ but printed records are -6- MI~TES - P~GU ~LAR CITY COUNCIL ~2ETING BO_V~TON BEACH, FLORIDA FE~U~Y 77, 7976 much better. Open records make for honesty. The public records at the COunty Court House are very'nelp~ulff to many citizens. In some manner, he uses these nearly every week. ~nis right should not be cramoed so only officials and attor- neys can obtain these facts, ~ut the voters should be ~ble to get these Without bothering employees. Why change a sys- tem that has worked well mud has been beneficial? ~. Zack moved for adoption of proposed Ordinance No. 76-3 on second and final reading~ seconded by ~, Strnad. Under discUSSion~ ~@s. Jackson asked the City Attorney if he had any occasion to use the central file since taking office and Mr. Reed replied that he did not P~aow and dOes not know what the central file is. He has contacted ~s. Padgett on many occas~ions to review previous resolutions and ordina~uces that have be~n passed, so he can prepare ordinances and resolutions that are requested now. The files the City Clerk has on previous resolutions and ordinances has certainly been helpful. Mrs. Jackson then read the following statement: "Re Ordinance No. 76-3 This Ordinance, which has just had its second ~aud final read- ing, is to repeal a City Ord~nance~ exactly the same as Florida Statute t~9 on Public Records. In 7973, when I was Nayor, Attorney General Roberts Shevin sent the following Memorandum: ~TO: A~_~ STATE ~ND LOCAL GOVE~I~NTAL AGENC~S FROM: ATTORh~Ey GE~P~L ROBERT L. SH~EVIN DATE: ~CH 74, 1973 "During the hast few months i have noted ~mth" in- creasing concern the n~mber of complaints which this office receives from representatives of the news media and from private citizens concerning denial of access to public records. "Florida law is clear and unequivocal on this subject. It reads as follows: '779.07 Public records open to examination by citizens. All state, county and municipal records shall at all times be open for a personal insoection of any citizen of Florida, and those in charge ~f such records shall not refuse this P~v~l~o~ to any citizen., '7~9.077 Definitions. -- For the purpose of this act: (1) '~s_blic records~ shall mean all documents, paD--rs, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical f ~ o~m or characteristics, made or received oursuant to law or ordinsa~ce or in connection with tne transaction of official business by amy agency. -7- MiNUTES - REGULAR CITY COUNCIL -~ETING BOYNTON BEACH, FLORIDA FEBRUfaqY 17, ~ 976 (2) "Agency~' shall mean any state, county or munici- pal officer, department, division, board, b'~reau, com- mission or other separate u~it of government created or established by law.! '~9.02 Penalty. -- Any official~who shall violate the provisions of Section 119.0~ shall be subject to removal or impeachment and in addition shall be guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 or Section 775.083.' "For those unfamiliar with the Florida Criminal Code, a misdem~mor in the second degree is punishable by sixty days in Jail and/or a five hundred dollar fine. "This is a serious matter and I am sure that mos~ denials of access to public records come through misunderstanding or a misthken ass~umption on the part of the public official that the office he holds and administers is his rather than the public's and that he is given discretion in determining that which he will make public and that which he will not. There is no such discretion granted in the statute. Section ~19.07 (2) (a) reads as follows: 'All public records which presently are deemed by law to be confidential or which are prohibited from being in- spected by the public, whether provided by general or special acts of the legislature or which may hereafter be so provided, shall be exempt from the provisions of this section.' 'Infmnmtely few exceptions have been written into general and special law. ~'Already some mem~oers of the news media have institnted civil action to obtain public records which have been withheld from {hem. Private citizens generally do not have the re- sources to see~legal remedy when an officious or misguided government official or employee refuses them their legal right to examine public records. Therefore, as chief legal officer of the state of Florida, I ~ in the future, when such incidents are called to my attention, find it necessary to move in the courts to see that the provisions of Chapter ~9, Florida Statutes, are upheld. "it is suggested that you display this memorandum in some prominent place in your office so that your employees will be able to acquaint themselves with their duties and responsibilities under the law and the consequences of their failure to obey the law." Although the following is not in Attorney Shevin's memoran- dum, I would like to quote a few more sections of F. S. 1~9. MINUTES - REGULAR CITY COUNCZL ~ETiNG BOYNTON BEACH, FLORIDA FEBRUARY 17, 1976 ~1t9.041 Destruction of records regulated. -- No public official msy mutilate, destroy, sell, loan or otherwise dispose of any public record without the con- sent of the division of archives, history and records m~uagement of the depe~tment of state. ~7t19.06 Demanding custody. -- Whoever is entitled to the custody of public records shall demand them from any person having illegal possession of them, who shall forthwith deliver the same to him. Any person unlaw- fully possessing public records shall upon demand of any oerson ~d within ten days deliver such records to their ~awful custOdian ~ un±ess just cause exists for failing to deliver such records. ~ ~119.09 Assist~uce of the division of archives, history and records m~uagement of the department of state. -- The division of archives, history and records ma~uagement of the department of state shall have the right to exa- mine into the condition of public records and shall give advice emd assistance to oublic officials in the solution of their problems of presSrving, creating, ~, and making available the public records in their custody. When requested by the division, public officials shall assist the division in the preparation of an inclusive inventory of public records in their custody to which shall be attached a schedule, approved by the head of the governmental unit or agency having custody of the records and the division, establishing a time period for the retention or disposal of each series of records. Upon the completion of the inventory and schedule, the division shall (subject to the availability of necessary space, staff and other facilities for such purposes) make available soace in its records center for the fil- ing of semicurre~t records so scheduled and in its archives for nonc~rent records of permanent value ~ud shall render such other assistance as needed, including the ~r~crofilming of records so scheduled?~ This last part may not be using the words ~Central filet,; however, the Florida Archives and History Act says "Record Center~', which is the same thing as a Central file, For a number of years we have had a Central file available not only to the~public, b~t also available to members of the Council to find background material to help us in doing our "homework,, ~ud for the City Manager in prep~i~ backup me,erda_ for aur agendas. Ordinance No. 75-43 was passed on 2nd reading on January 5th during the first part of the meeting. -9- M_NUTES REGULAR CITY COb~[CIL ME=TING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1 976 ~hen themnew Council was sworn in later in the evening (this can be verified by the minutes) Mayor DeLong read from Roberts Rules of Order that it tekes 2/3 vote to rescind a motion. WS~' The vote was 3 to 2 in favor of rescinding 75-43 and Mayor r~inutes of DeLor~ declared that the motion to rescind the ordinance 3/2/76 carried. There are two things wrong with this: (1) 2/3rds of 5 is 3-1/3, which means the vote did NOT carry, since it takes MORE than 3 votes to medic a 2/3rd vote, but rather te~es ~ vote to rescind a motion, since we don,t have 1~3 of ~ person on the Council; (2) the second thing wrong is that an ordinance .~annot be rescinded by a vote. Ordinances are repealed by ordinance, with two readings ~md a waiting per- iod of t0 days before it becomes law, (Home Rule) Therefore, Ordinance No. 75-43 went into e~fec~ (in spite of a so-caz~ed rescinding vote) ~en days after the final reading, which made it a law on the 15th of January. Mayor DeLong se~s we are living up to the la~¥ according to the Department of Archives. i just read a reference to this. However, there is another law that deals exclusively with this subject, Florida Statute 267. That law simply spells out how to set up a record center, how old records can be destroyed or put on microfilm, and this must be done by permission of the Division of Archives in Tallahassee. I found this out by telephoning that Tallahassee department and they sent me the law a~ud the forn~ that need to be filled out and the steps necessary to destroy or micro- zm_m public records, r have the law a~ud forms here if you care to review them. May I warn eac~ member of this Council to think carefully before you vote ~:yes~ on this repealing ordinance. Put per- sonalities aside, and remember 75-43 is just affirming that we, as a City, wish to live up to the State Statute on public records, having all public business available to everyone. (May I point out that F. S. 1~9 says ~'for personal insoection of any citizen? We on the Council e~e citizens or we~wouldn,t be allowed to serve on the Council.) I, for one~ expect to turn any correspondence over to Central file even if this repealing ordinance is passed. And if I receive anything -- from the City Manager, Russell & Axon, a department head, secretary, the Mayor or anyone else, that is not marked "~entral File" and it is City business, i shall ~rsonally m~rk it Central File, ~u~ see that it is so. -tO- MI-WYGTES - P~GUL~R CITY COb$ICIL MEETING BOYR~ON BEACH, FLORIDA FEBRUARY 17, 1 976 filed; for_r am not going to be liable for removal from ofz_ce~ or impeachment and guilty of a misdemeanor punishable by sixty days in jaiI and/or a five hundred dollar fine, since this is a Florida Statute. -- There is no misunderstanding or assumption on my part that the office-~ hold is mine rather than the public's, or that I have been given the discretion in determining that which I will make public and that which I will not (which is what Attorney General Shevin said in his interpretation of the Public Records law.) This is NOT a mini-Ci~ dreamt up by me, but is a Florida Statute passed in 1909. I i.~end to live up to it. Furthermore, if I find that the City Manager, auuy department head~ secretary or any member of this Council is NOT living um to this law, I intend to file a personal complaint to the proper authorivies and if necessary file a law suit. Also, if I find that any correspondence, documents or aDo- other records as defined in ~blic Law ~19, having to do with City business, are withheld from me, a member of this Council, I shall take the same action. This means any records which have come vo the City since January 5th which ! have not re- ceived. This MUST be a law-abiding Administration with NO violation of our oath of office. Thank you for listening to me." Mayor DeLong aske~ the City Manager if they had always~lived up to the State Statutes as long as he has been here and ~. Kohl replied that he always thought so. Mejor DeLong then asked the City Attorney if this ordinance was in compliance with the State Statutes and'M~~. Reed replied that it was a difficult ~uestlon with reference to the sections ~s. Jack- son eited. He read Subsection 119.021 ~md pointed out the question was whether the City Clerk is the only officie~ to be custodian of the records. Section 66 of the Charter indi- cates the City Clerk is to be custodian. He has not had the opportunity to research cases under Chapter t19 or review the duties of the other officials of the City whether they have resoonsibilities to maintain City records, tt is hard to e~swer whether this is in violation of State Statute. He thinks the euestion is not whether public records will or will not be ma~e available to the public, but whether there is one official to be the sole custodian or each department head. Mayor DeLong stated this was a decision for the City ~ouncil to make according to State law. ~m. Reed stated that he thought the particular section of the State Statutes he read is certainly subject to more th~ one interpretation, but he has not had the opportunity to research whether the MINUTES - P~GUL~R CITY COU~CIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1976 City Clerk is the only official designated to be custodi~a of the public records. Mayor DeLong asked if this motion was voted favorably, it woul~ not in ar~ respect preclude the charauelling of public records? He believes the City ~nager channels everything to Central File. ~s. Jackson disagreed and stated she had received things not noted with Central File. Mayor DeLong replied that he forwards all his correspondence to the City Manager for his disposition. ~. Strnad stated that during his first two years on the City Council ~nd the past couple months, he has never had ar~-one come to him and say they have been denied access to any public records in this City and he has not heard that anyone was denied access. As far as he is concerned, he feels the individual department heads should have the infor- mation which is being looked for and would be easier to file such as financial, fire, recreational, etc. He doesn't thi~k there is any intent to subdue public records not to be avail- able to people in the City. He thinks this is a more conven- ient way. ~5~s. Jackson asked if they didn't know a record existed, how could they ask for it? M~yor DeLong replied that if they were going to ask for it, they must know there is a record. Mrs. Jackson referred to letters written in ~97~ which nobody had seen until a year later. Mayor DeLong re- plied that the City Manager saw every piece of correspondence and ?,~s. Jackson disagreed and explained that ~. Kohl had not seen these until M~yor DeLong went out of office, t~.yor DeLong informed her that everything remained in his file un- til he left office and then he turned it into the City Clerk. In the interim, a copy of everything in that file was given to each Council member. He then told about meeting with the State Attorney in reference to a complaint made about this. I~s. Jackson insisted that there were letters which the other members of the Council di~ not even see until after he left office. Mayor DeLong rep%led that records were turned in by him. He added that he would have been foolish to turn in records if he did not give copies to the City Manager. Mm. Zack requested a vote be taken on his motion at this time. Mayor DeLong requested a roll call vote ~ud ~s. Padgett con- ducted it as follows: Councilman Earmening No Councilwoman Jackson No Councilman Strnad - Yes Vice Mayor Zack Yes Mayor DeLong Yes Motion carried 3-2. Mi~Y~TES - REGUL~ CiTY COUNCIL ~.ET~G BOY~TON BEACH, F~0R!DA FEBRUARY 17, 1 976 At this time, Mejor DeLong requested a legal opinion from the City Attorney as to the authority of this Council to appoint a keeper or keepers of the records. He requested him to research this and ~e sure they are in compliance with State Statutes. He added that he had not heard Central File mentioned and M~s. Jackson pointed out ~t it said Record Center. Proposed Ordinanc~ No, 76-4 RE: Creating the Position of Assistant City Attorney .Mr, Reed read proposed Ordinance No. 76-4 on s~cond readim~ by caption only. Mayor DeLong asked if anyone wished to speak in fsz¢or and received no response. He then asked if anyone opposed and received no response. M~. Zack moved for adoption of proposed Ordinance No. 76-4 creating the position of Assistmat City A~orney, seconded by ~M. Strnad. No discussion. Y~s. Padgett took a roll call vote as follows: Councilman Harmenin~ - Aye Councilwoman Jackson - ~e Councilman Strnad - Aye Vice Mayor Zack - Aye Mejor DeLong - Aye Motion carried 5-0. Proposed Ordinance No. 76-5 P~: Amending Subsection ~05.1 (&) of Section 5-2 by Amending Types of Television Antenna a~m Towers for Which Permits Shal,% be.R,equire~. ~. Reed read proposed Ordinance No. 76-5 on second reading by caption only. Mayor DeLong asked if anyone was present in favor of this ordinance and received no response. He then asked if anyone was in opposition and a man in the audience requested that they explain the ordinance. Mayor DeLong informed him that it was read in its entirety at the previous meeting. A copy is available from the City Clerk's Office. The man asked if a license we~ needed by individuals to ins~all an ante~_ua and ~. Kohl informed him that it did not apply to individuals at home. ~. Harmening moved for adoption of oroposed Ordinance No gb-p on second and fmnal reammng, seconded by ~'&~s. Jackson. NO discussion. M~s. Padgett took a roll call vote as follows: MINUTES - P~OD-L~R Ci~Z COD~CIL ~ETING BOYNTON BEACH, FLORIDA FEBRU~RY 17, 1976 Councilman Harmening - ~ve Councilwoman Jackson - ~ye Councilman Strnad - Aye Vice ~yor Z~ck - Aye Mayor DeLong - Aye Motion carried 3-0. Proposed Ordinance No. 76-6 RE: Amenamno Article 1¥ Entitled '~Television ~_ntennas,~ by Amending Sections 9-61 Through 9-68~ M~. Reed read proposed Ordinance No. 76-6 on second reading by caption only. Mayor DeLong asked if anyone present wished to speak in favor and received no response. He then asked if at, one present was opposed and received no response. M~. Harmening mo~ed for adoption of proposed Ordinan=e No. 76-6 on second and final, reading, seconded by ~s. Jack~on. No discussion. M~s. Padgett took a roll call vote as follows: Councilman Harmening - ~e Councilwoman Jackson - ~e Councilman Strnad - Aye Vice Me, or Zack - Aye Mayor DeLong - Aye Motion carried 5-0. Proposed Ordinemce No. 76-7 RE: Amending Appropriating Ordinance No. 74-28 Which Adopted the Budget of the City of ~0ynton Beach for the Fiscal Year Ending September 30, 1975 M~. Reed read proposed Ordinance No. 76-7 on second reading by caption only. M~s. Jackson stated she was still ouzzled as to why this sa~s74-28 ~ud believes it should be 7~-28o M~. Reed explained that this is the ~974-75 budget from Octo- ber 1974 and ending September, 1975. It was passed in t974. This Ordinance 74-28 adopted the budget for October ~974 thru September 1975. it was passed in October 1974. ~or DeLong asked if anyone was present wishi~ to speet~ in favor end reeeived no response. He then asked if anyone pre- sent opposed and received no response. ~. Harmening moved for adoption of Ordinance No. 76-7 on second and final reading, seconded by M~~. Strnad. No dis- cussion. Mrs. Padgett took a roll call vote as follows: -14- MI~JTES - REGULAR CITY COUNCIL ~ETING BOY~TOI'~~.~n, FLORIDA FEBRU~¥ 17, ~ 976 Councilman Harmening - Councilwoman Jackson - ~e Council~n Strnad - Aye Vice Mayor Zack - Ms~or DeLong - Aye Motion carried 5-0. ~roposed E~RGENCY Ordine~.ce No. 76-11 RE: Abolishing the Building~ Electrical & Plumbir~ Boards of Said City Creating in Lieu Thereof The Building Board of Adjustments and Appe~]~ ~. Reed informed the Council that after submitting this ordi- nance with the original agenda, he kad some discussions with the Building Official and people involved with the proposed Board and ~oday submitted em amended ordinance. The modifi- cations are relatively minor emd only affect the first three pages. M~s. Jackson questioned if this was still em emergency ordinance? She added that she didn't think this affected the health or welfare of the people and was opposed to it. ~. Reed continued that he wanted to preface this item to advise he was reading the amended ordinance e_nd not the original. Mayor DeLong requested the City ~anager to advise them of the necessity of this emergency ordinance and ~. Kohl replied that he thought the City Attorney could do this better than he. Mec~or DeLong continued that since the first of the year, this City has been out of business in regards to Plumbing, Electrical Boards, etc. This change is forced upon them by the Southern Standard Buildi~ug Code. ~. Harmening stated that it was his understanding that this change is not manda- tory. They could continue to operate as they have and M~. Reed agreed. Mayor DeLong continued that he believed the City Council went on record to accept the recommendation of the new Building Official. Mrs. Jackson agreed that it was his recommendation, but she did not know it was an emergency ordinance. Mayor DeLong replied that since the first of the year, the Board of Plumbers, Electrical Board, etc. have been in a state of limbo. These Boards do not exist because re-appointments have not been made. ~s. Jackson moved to have last year's Boards se~e mn the interim until this goes through and not have it go through as an emergency. Mayor DeLong requested an explanation of why this is an emergency. Mm. Reed explained that the Elec- trical: Plumbing and Building Boards were created by Charter and had the duties of licensing and giving examinations, but they have not had in t~ '~ ~ ' ~ ~ ~e C~y any Appel±a~e Body ~eviSw and possibly overrule ~he ~ecisions of the Building Official. Accordingly the only alternative a party did have was to take the City in~o Court if they received an unfavoreJole interpre- ta~ion of the code by the Building Official. None of the -15- MINUTES - ~GULAR CITY COUNCIL M~ET!NG BOYNTON BEA~q, FLORT~DA FEBRUARY t 7, ~ 976 previous Boards have had the authority to review the decision of the Buildir~ Official. M~. Howell has informed him that there were more than several cases he has been confronted with that he feels are deserving to be reviewed by an admini- strative body of the City. Mm. Howell has adopted the Southern Standard Building Code and in so doing, some injustices may have occurred. He explained how the only alternative was for the party to take the City into Court. They have no Board in the City to review the decision of the Building Official. They are rather late in adopting this. Most other communities have such a Board in existence. At the time the Charter was adopted, certain sections of the Southern Standard Building Code were deleted and this was one of the sections. Map. He~mening referred to in the past and ma~.y of these appeals being handled by the Board of Adjustment. What is to preclude them from handling appeals in the future? M~. Reed explained that under the Charter, the Board of Adjust- ment is an appellate body for zoning m~tters. However, there is no authority whatsoever in the Charter for the present Board of Ad3~stment to hear appeals on building matters and they must go to Circuit Court. Mayor DeLong announced that the Chair would m~e a decision, but would like to hear from the Building Official first. Then, the Chair will rule to vote the emergency ordinance up or mown. If it goes in opposition to an emergency ormto~ance, it will be the privilege of anyone who voted for ~. Howell's recommendation to move for re-consideration. If re-consider- ation is denied, the move will be for instruction to the City Attorney to dr~t an ordinanse to follow the usual procedure ~o appoint this particule~ Board. This is the only solution the Chair can see to accomplish what is ~ ~ '~ --eemed in this Cm~. ~h~. Reed added that the reason this was put on the sgenda as an emergency ordlna~ce was t~e fact that since the eginning of the year since the City Council took their seats, there has been a backlog ~ ~ cases to go oefore such a Board. They feel threatened not to have such a Board. If they are con- vinced that a Building Board of Adjustments ~ad Appeals is a good thing, the faster they c~u get it, the better it would be. Mayor DeLong replied that this Co~ucil is trying to accomplish what is necessary. ~. Howell a~peared before the Council and =-.~ormea ~_~em that the reason h$ brought thms to ~ne_r o.t~e__~mon hurriedly is because there is a ~9~3 S~a~e Law statmng all munmcmpalzvies and counties shall - ~ * , ~ .~ . - - en~orc~ the Southern S~andard Bum~dlr~ Code as a minimum code and in that cods, the Boardlis name~ and who shall serve on it. The reason that Bos~d is there is if he tells a builder something does not meet the cede and he disagrees, he has the right to appeal before that Board. -16- MtNL~TES REGULAR ~= - ~T¥ CObT~CIL ~ETING BOYNTON BEACH~ FLORIDA FEBRUARY 17, 1976 Mayor DeLong questioned if they would be following State Law and ~. Howell agreed saud pointed out that now they didn't have a Booed qualified to m~e the decision. M~. Zack re- ferred to a letter sent to the City Council referring to 20 municipalities going with this code. M~s. Jackson asked if this was required by State Law and M~. Howell replied: yes, House Bill 3890. He added that before the State adopted the code, it was adopted by Palm Beach Co~uuty. The Etate has r~equired this as the minimum code as of January ~, 1975. M~r. Reed then read proposed Ordmna~~ce' ~ No. 76-~ ~ in its en- tirety. M~r. Strnad moved for adoption of Emergency Ordinance No. 76-~1 on first reading, seconded by M~. Zack. Under discussion, M~yor DeLong informed them that it would te2~e a Vo~e of at least four to pass. He clarified that it had been moved and seconded to adopt Ordinance No. 75~1 as ~u Emergency Ordinance abolishing the Building~ Plumbing and Electrical Boards sand cre~ting in l~u a Buildi~ Board of Adjustments and Appeals. ~s. Jack~on stated that she thinks this is a very important ordinance and thinks the public should have a chance to read it and have a chance to come back for a publie hearing. She doesn,t feel this should be an emergency ordinance. Harmening stated that he didn,t see any need whatsoever to pass this as sm emergency measure. He e×plained how anyone with grievances has recourse at the present time. ~. Strnad questioned what particular Board would handle such a grievance and ~. Harmening replied that any Court of competent jurisdic- tion. M~. Strnad clarified that this meant not a Board in the City. ~s. Padgett then took a roll call vote as follows: Councilmsm Harmening - No Councilwoman Jackson - No Councilman Strnad ~je Vice MmJor Zack Aye M~¥or DeLong ~ye ~s. Padgett announced the vote was 3-2 and the adootion of the emergency ordinance fam_em. At this time, Mayor DeLong reouested a motion to instruct the City Attorney to proceed ~ith the drafting of an ordi- nance to set up this Board under the regular procedure. t~. Strnad moved as requested, seconded by ~. Zack. Fo discussion. !~s. Padgett took a roll call vote as follows: Mot_o~ carried a Board. 3-2 Councilman Harmening - Councilwoman Jackson - Councilman Strnad No Vice Mayor Zack Ms~or DeLong Aye and M~yor DeLong added that they must have MII~gTE$ - REGUL~iR CiT'-~ COL~CIL ~ETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1976 M~s. Jackson asked if the preamble could be left out regard- ing the emergency part and if this could be passed on first reading now and ~. Reed replied that there was no reason it couldn,t be done this way. He c~u amend the caption to delete reference to emergency. He then read the caption as corrected. Mayor DeLong suggested holding the previous motion in the air and announced he would accept a motion to rescind the previous instructions to prepare the ordin~uce. M~. Reed informed him that he thought technically they should rescind the previo~us motion to have him re-prepare the ordin~uuce as a non-emergency measure and take the previous readir~ as a first reading. Mayor DeLong requested a motion to rescind the previous mo- tion instructing the City Attorney to draft em appropriate ordinance. ~s. Jackson moved to rescind their prevmous ac- tion instructing the City Attorney to proceed with the ordi- nance of the Building Board of Adjustments and Appeals through the normal channels. ~. Harmening.seconded the motion. No discussion. Motion carried 5-0. M~yor DeLong requested a motion to instruct the City Attorney to chs£age the caption and accept the reading of the emergency ordinance as the reading of the Ordinance for the Building Board of Adjustments and Appeals on first reading. ~s. Jackson moved to ask the City Attorney to remove a~y refer- ence to emergency ordinance including preamble and every place where it is mentioned and pass proposed Ordinance No. 76-11 on first reading. Mr. Harmening seconded the motion. Under discussion, Mayor DeLong clarified that it had been moved and seconded to have the City Attorney arr~uge the caotion to eli~minate emergency in the or~nemce which was just read a~ad to accept Ordinance No. 76-~1 on first reading. ~s. Padgett then took a roll call vote as follows: Councilman Harmening - Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Mayor DeLong - ~e Motion ce~ried 5-0. ~Mdinances -ls$ R~ading Proposed 0rdin~uce No. 76-9 P~: Grant~g Florida Power & }~ght Co~ectric Fremchise M~. Reed read proposed Ordinance No. 76-9 in its entirety. -18- MiA~TTES - REGULAR CITY COUNClV~ M2EETING ? BOYNTON BEACH, ~ LOR_DA i976 Z,~s. Jackson moved for adoption of proposed Ordinance No. 76-9 on first reading,seconded by Mr. Zack. No discussion. M~s. Padgett took a roll call vote as follows: Comacilman Harmen~ng - Aye Councilwoman Jackson - ~je Councilman Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - Mot.ion carried 5-0. Proposed Ordinance No. 76-10 RE: Extending Territorial Limits o. the C~ty. by Annexation (M~~. Josep~..Cogen). .. ~. Reed read proposed Ordinance No. 76-10 in its entirety. He also read Schedule A attached to the Ordinance. ~. Z~ck moved to adopt proposed 0rdinance~No. 76-!0 ext~nmm_g~ o "~ the territorial limits of the City by munsxation. M~. Strnad seconded the motion. No discussion. M~s. Padgett took a roll call vote as follows: Councilman Harmening - ~e Councilwoman Jackson - Aye Councilman Strnad - ~'e Vice Mayor Zack - Aye M~yor DeLong - D4Ye Motion carried 5-0. Mms. Padgett referred to not having a dec!s~ation of intent and asked if this must be advertised in its entirety and ~. Reed in~rU~te~p~bi~¢a~ion~?for.4~conSe~u~i~e,~eak~, like the others. Resolutions Proposed Resolution No. 76-G RE: Authorizing Execution of Contract & Agreement Accepting Department of Natural Resources Grant Under Florida Recreation Development Program a. Request Approval of Contract Agreement Between the City of Boynton Beach and Department of Natural Resources on above. Mm. Kohl informed the Council that copies are on file of correspondence forwarded to the Honorable Robert B. Reed, City~Attorney~ and the contract and agreement between the City of Boynton Beach and the Department of Natural Resourees, as well as the resolution Bob promised would be here, which the Depe~tment of Natural Resources requested in their corres- pondence. Needles%to say, they are extremely happy that their -19- MI~YJTES - REGULAR CITY COb~CIL BOYNTON BEACH ~ FLORIDA FEBRU~M¥ 77, 7976 request for the $34,500 was approved, ~ud they expect to pro- ceed with the development of the Boynton Beach canal ramp park as soon as the necessary approval is received from the City Council. He then read proposed Resolution No. 76-G in its entirety. M~. Harmening noted that the Resolution in their book was noted as No. 76-F, but M~. Kohl had referred to it as No. 76-G. ~s. o ~ ~. ~adoe~v advised that this was correct, as No. 76-F had been used. Mr. Harmening moved for ~dopt_on~ ~ of Resolution No. 76-G, seconded by ~. St_rmad. No discussion. M~s. ~adget~ took a roll c~t vote as follows: Councilman Harmening - Aye Councilwoman Jackson. - Aye C~uncilman Strnad - ~e Vice Mayor Zack - _&ye Mayor DeLong - Aye Motion carried ~-0. Mr. Kohl referred to the agreement and Mayor DeLong stated that it had been outlined in the Resolution. He then re- quested a motion to execute the contract in the agreement. ~. Harmening moved that the proper persons bs authorized to execute the agreement with the Department of Natural Re- sources, seconded by ~. Zack. No discussion. Motion car- ried 5-0. Other Approval of Termination Agreement with Stateoof Florida Depa~t~ent~ of Transportation (State Project No. 93220-3473, .~....~. W. 23rd Avenue A~c~ss Road). M~. Kohl informed the Council members that they had a copy of correspondence received from D.O.T. which was forwarded to the City Attorney for the appropriate action so they c~a re- ceive their monies due in the amount of ~6,400 from Mayor DeLong announced that a motion was in order to approve the ter~aination of agreement with Department of Transoorta- tion, State Project 93220-34~3, (23rd Avenue Access R~ad). ~rs. Jackson made a motion as requested, seconded by ~. Harmening. No discussion. Motion carried 5-0. OLD BUS I_~SS ?~o~ress Report o~2nd Floor Addition to the Police Statio~ -20- M~UTES - REGUlaR CiTY COUNC~ MEETING BOYNTON ~ma~w FLORIDA FEBRUARY 17, 1976 Mr. Kohl informed the Council that copies are on file of a reoort from Police Chief Noah Huddleston detailing the "I~iCRE~ED FUNCTIONS ~ND JUSTIFICATION FOR 2ND FLOOR ADDIm TiON TO POLICE STATZOATM as well as a floor plan for the first floor with the present office areas indicated. As noted, most offices are very small and in view of the increased activities and increase i~ _~rsonne! obvioUSly are ~xtremely inadequate at this time. He conducted a p~rsonal tour with Chief Huddleston of the Police Department and concluded they are overcrowded~ and in need of additional space. H~ has made a complete study and reviewed the present floor plan, facts and justifications as presented to him. In his opinion it would appear that the addition of a second floor to the Police' Station is certainly justified and should be given top consideration. He would also like to point aut that the ~rowth and expansion of this facility was anticipated and taken into consideration when the Police Station was plarnaed and constructed 3½ years ago. Architectural plans/foundation were designed to provide for a second floor addition. Mm. Kohl then read the following letter from Police Chief Noah Huddleston dated February 5, ~976: "Attached hereto please find the departments present space proble~ and statisvical information you requested for comparative study of similar area Police Agency facilities. The attached information is directly related to the p~v- sical plant size of this deps~tment ~ud those agencies used incomparison. Total square footage figures were the most vivid illustrations of the short-comings in the p~sical size of this department~ however, other size problems have been included in the study to further emphasize how critical the shortage of space has become to the operation of this depart- ment. It should be oointed out that the original intention of the City Officials-was to erect a much larger building than the building now standing, but financial problems encountered during the initial formulation of the plans resulted in set- tlement of a smal!er~ less expensive facility. In fact, the original cost factor was approximately $900,000 with the pre- sent building costing approximately $300~000. The ooint being, this building was erected with the intention of exp~nding as soon as possible, in fact, the foundation was designed and built to accon~odate a second level. Hopefully, the attached report will illustrate the need for additional space.~ ~h~. Kohl then read the following letter from Police Chief Noah Hmdm~eston dated February 5, 1976: -21 - MI~f0-TES - REGULAR CITY COUNCIL ~ETiNG BOY~ON BEACH, FLOR~A ~=B~-O'ARY 17, 1976 ~'As per our conversation please accept this as my written request for the consideration of msleing a second floor addition to the Police Station. As you know the present facility was built on a five year projection with the support columns to maintain the second floor. I fca! we are in need to be~ considering this re- quest as time is rapidly passing by. With the anticipated growth and the present growth of the city being the third ~ _argest municipality, it is my opinion we have no choice but to give this our utmost attention.~, ~{r. Kohl then explained the report listing the Increased F~uc- tions & Justification for Ehe 2nd Floor Addition to the Police Station. Mayor DeLong re~erred to M~~. Kohl's progress report ~ud re- quested that he read the last line of his letter prepared for the agenda. ~. Mohl requested Council's approval to proceed w~tn this project. Mrs. Jackson asked if Chief Huddleston requested this before the budget meetings last year a~ud }~. Kohl replied: no, not that he ~ew of. }~s. Jackson asked what had happened since their budget meetings that would mal~e it urgent now and P~. Kohl replied that he could not s~swer. .~s. Ms~y Rigby stated ne_ name and ncr address as ~50~, S. W. 9th Avenue. She informed the Co,mci! that she was oresent at the last Council meeting ~ud in hearing the discussion re- gelding the second story on the Police Department, she de- cided to look into thio m~tter. Today, she was part of a tour conducted by Chief Huddleston and she explained how the existing rooms must be used for three or four purooses, etc. She pointed out that the Police Department has do~bled in size. Progress is measured in terms of oroviding adequate working space for an increasing Police F~rce. She would also like to suggest the installation of an elevator for the second story for people unable to use stairs. She would like to en- courage the City Council to give the Police Department a much needed second story. ~. George Ampo! stated his name and his address as 235 South Boulevard. He informed the Council that he was here this evening on behalf of a ohone call from Mm~. Dick Vastine re- questing that he tell t~e Council that the United Boynton Civic League supports the second floor for the Police De- p~ment. He also was oar~ of the ~our today and agrees it is much needed. - -22- Mi~JTES - P~GUL~AR CiTY C0b~CIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1976 ~. Strnad moved to have this Council accept the City I~.nz- ger's recommendation a~ud proceed with this project, seconded by M~. lack. Under discussion, M~. Harmening stated he did not feel the Police Department has grown sufficiently re- quiring that much additional space. He feels it has been very poor planning if they are cramped for space. If they were, they should have come forward at budget time. They don't have money in the budget and he doesn't believe it should be handled in this m~uner. Me, or DeLong replied that he didn't believe M~. Harmening had too much experience con- cerning floatings of leans in projects of this nature and he explained the various methods. He added that a new precedent is beir~ set here. Mr. Har.mening replied that he was not discussing the bank loan, but the need for additional space. Mmyor DeLong replied that without becoming personat~ he feels ~. Harmening does not have the knowledge of this issue. The people who made the tour and the people having to work in the conditions can Judge whether additional space is needed. Mrs. Jackson agreed with M~. Harmening and stated it should have come before the budget last year. She thir~ks it should be put in the budget for this year and given some thought. The fou~datio~Wa~bailt Te~future "~2~d f~loor, as they thought it would be needed f6r a court ro~m. In talking about ba~k loans, cigarette tax, etc., it is still peoples' money. Mayor DeLong agreed and stated that he understood that. However, they don,t have to wait for budget time in order to engage in the expansion of any public works. This is ridiculous, as what will the budget prove? The funds goiD~ to be used are not budget funds. M~s. Jackson asked why the Police Chief didn't present it at the budget time last year? ~yor DeLong reolied that in the deepest humility, ~here was not anybody ~n the City who kcaew how to move be- fore he got on the Council in 1973. ~s. Jackson continued that when this Police Station was built, they had to purchase a great deal of property around here. She pointed out that a lot of groundwork had gone into this before 1973. They did have the foresight ~o look forward. However, they always acted on the advice of department heads at budget sessions. This was not asked for last year. Mayor DeLongrreferred to ~973 and the Fire Chief not asking for the fire substation and the dogs not asking for the dog pound, etc. He added that if the~proper amount of money was spent for this build- ing initially, they would not have to go into debt now. As a consequence, they have a regressive City. Mayor DeLong and M~s. Jackson discussed this further. M~. Zack stated that he has visited the Police Department three times during the last few weeks and without doubt, they need an addition. He explained how he would hate to work under conditions such as they do. He referred to the increase in this Department ~ud quoted the figures. They need room. M~. Strnad added that last year, they had a very regressive Council and he thinks the Police Chief was prudent last year in not requesting this. -23- ,> MI~JTES -REGULAR CITY CO~CIL MEETING BOYNTON BEACH, FLORIDA FEBRU~Y t 7, 1 976 follows: Councilman Harmenin~ - No Councilwoman Jackson - No Councilman Strnad Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Padgett then took a roll call vote on the motion as Motion carried 3-2. ,Agenda Discussion At this time, Mayor DeLong entertained a motion to strike Item A under Administrative, as there is no necessity for tha~ to appear on the Agenda. Mr. Harmening moved to strike it, seconded by ~s. Jackson. Motion carried 5-0. Mayor DeLong then announced at this time the Chair would accept a motion to get away from the regular order of busi- ness and go to the psyment of bills. ~s. Jackson referred to the status report on S. Wo tSth Street and asked if this wou~dn,t be Administrative? Mayor DeLong replied that he believed they were working on that and the Council will re- ceive full details. ~. Kohl added that a complete report was included with the agenda material. ~ms. Jackson still que~t±oned why this couldn't be handled administratively and May~r De~ong asked if it could be done? M~. Kohl replied ~ha~.he thought it could. ~s. Jackson moved to strike Item ~ unmer Old Business from the Agenda, seconded by M~. Harmening. Motion carried 5-0. Mayor DeLong then requested a motion to go into the P~yment of Bills. M~. Hai~mening pointed out there were very few items left and perhaps they could continue. Mrs. Jackson agreed and added that they could finish in less than an hour. Mr. Strnad said he didn't want to be here another hou~ and thought the people also didn't. Mayor DeLong announ6ed again that the Chair would accept a motion to revert from the regu- lar order of business and proceed with the Payment of Bills. M~ Strnad moved as requested, seconded by Mr. Zack. Motion carried 3-2. Approval of Bills Kohl read the xo_!owmng bills for approval: Harley Davidson of Palm Beach 2 Harley Davidson motorcycles Pay ~ ~ ' _rom bumge~ed funds 001-863.76 Bid awarded 10/~4/75 ,356 · 04 Motorola~ Inc. 2 Mocom 70 FM 2-way radios Pay from budgeted funds O30-921.23 State contract 1,486.00 -24- MINUTES - R~GUI~R CITY COUNCI-~ M~,ETING BO_VNTON BEACH, FLORIDA F~a-~ ~ ~BRUARY 17, 1976 e I1. 12. 13. Motorola~ Inc. 2Motorcycle radios Pay from budgsted funds 001-863.83 Bid opened 11/10/75 Kelly TractOr Co. Parts a~d labOr to repair Pay from budgeted funds 001-853.30 Russell & Axon inv. #7 6858-t2-III-CPR Sewage Treatment Pl~ut Improvements Pay from Atlantic National Bank 1975A Series Authorization dated 1/i7/74 Russell& _&xon Inv. #8 6858-4A-II-CPS ~h~h C&ntral Regional Lift Statior~ & Force Mains Pay from Utility General Fund Refundable from future bond issues 75% EPA Reimbursable Authorization dated 11/71 Russell & Axon Inv. #22 6858-4-IIi-CP '~pgrading existing Wastewater Treatment Facilities Pay fromAtle~atic National Bank 1974 Issue Authorization dated tl/20/73 B~oentennmal Commz~ee PaY from Contingenc~ ~und 001-885.18 C°~mcil approved 2/3/76 National Sheriffs Associatio~ Professiona_ Liability InStance Funds available 001'885.24 tsiah ~ndrews i Driver for oenzor Citizens Club - 3 weeks Pay from Federal Revenue Sharing Fund 020-880 Ordinance #73-!5 passed 5/t5/73 Cynthia Lewis SerVer for Senior Citizens Club - 3 weeks Pay from Federal Revenue Sharing Fund 020-880 Ordinance #73~5 passed 5/15/73 Peabody Petersen Est. #t8 ~ "~nterim Wastewater Fac_l~zes~ '~' and Upgrading Existing Facilities Pay from Atlantic National Bank 1974 & 1975A Bond Issues Boynton Beach Child C~re Centew Requisition for March, April, Mey& June Pay from budgeted funds 020-880 Ordinance #73-t5 passed 5/15/73 -25- 2,802.00 4,208.50 I ,597.73 15,994.49 4,460.80 4,276.25 4,487.50 ~35,00 144.00 207,818.70 3,1t3.00 MINU~S - REGULAR CITY COUNCIL ~ETING B0i~TON BEACH, ~ORIDA FEBRU~_~¥ 17, ~ 976 Palm Beach Jo~ior College ~egi~stration for 72 Officers Pay from Police Education Fund 001-507 Ordinance #g4-38, Section 2,10, 1 (b) 345.00 15. Allied Chlorine Chlorine for Water Plant Pay from budgeted funds 030-81t.63 1,720.00 Summers Electric Addit~onaleiec~ric work at maintenance garage Pay from budgeted funds 020-830 Bid opened 1/15/76 a,248.03 KoZich & Kozich Fmnal Estimat~ on Maintenance Garage Pay from budgeted funds 020-830 Su~Ject~to receipt of final Release of Lein Bid awarded 8/2t/75 %36o.00 18. Rubin ConstructionCo. ~esUrfacing S. W. 7th Street Pay from budgeted funds 001-854.90 Authorized by City Manager 4,976.96 ~, ~ohl noted the bills described have been approved and verified By the department heads involved; checked a_ud ap- proved for payment by the Finance Director; funds are avail- a~le in their respective budgets.~.W Kohl recommends pay- ment of these bills~with the exception of Kozich & Kozich until he checks tomorrow that everything has been done. ~s. Jackson moved to pay the bills with the exception of Kozich & Kozich until a release of lien is received, seconded by M~. Harmening. Under discussion, Mr. Strnad referred to No. 17 and questioned why it was noted as an estimate and M~. Kohl replied that he did not k~ow why, but it is a final pay- ment. M~¥or DeLong suggested changing estimate to payment. M~. Harmening informed him that it was customary on contracts of this nature to call payments estimates and i~. Strnad re- plied that he never heard of it. Mayor DeLong referred to the payment to Peabody Petersen and asked if this was a final payment and M~. Kohl reD~ied: no, they do have some other work. Motion carried 5-0. AD JOURt~NT M~rs. Jackson moved to adjourn_ unt_l~ tomorrow night at 7:30, seconded by M~. Harmening. ~yor DeLong requested a roll ce~l vote and M~rs. Padgett took it as follows: -26- ~iNUTES - P~EGUI~R CITY BOTNTON BEACH , FLORZDA COUNC~ ~ET :NG FEBRUARY 17, 1976 Councilman Harmening Coumciiwoman Jack, on Aye Councilman Strnad - Vice Ms, or Zack - No M~vor DeLong - No Motion defeated 3-2. ~. Strnad moved to reconvene this meeting until 2:00 p. M. tomorrow, seconded by ~Lr. Zack. Under discussion, M_~s. Jackson ~ o~atea it was unfair for the Council to have a meet- ing in the afternoon when the public could not come. It is unfair to t he publmc cmtmzens who work. it is unfair to the member of the Council who has to work. it is o-ufair to have ~. Kohl leave his job in City Hall She added that M~. Strnad always ob 'ectst ' o interfering with his sup_~r hour. ~ayor DeLong pointed out that the most importsmt items on the agenda had been taken care of. ~r. Harmening added that he agrees ~ wno=eheartedly with ~s. Jackson,s expressed senti- ments. ~;ms. Padgett then took a roll call Vote as ~ollows: Councilman Harmening Coun~ilwoma~ekSon Councilman Strnad Vice Mayor Zack Mayor DeLong Motion carrie~ 5-0. ~r. Strnad made a motion Motion carried ~0:I0 P. M. - Aye Aye -~- ~ve - to adjourn seconded by Mr. Harmening. 5-0 and t_e meeting was properly adjourned at ~ , Respectfully submitted, ~za~ne Kruse, ~ecordfng Sec. (3 tapes) CITY OF BOYNTON BEACH, F ~ ~ LORIDA oun embe <~ ~ ' ~ouncil Member COun~it Membe~ -27-