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HomeMy WebLinkAboutMinutes 01-20-76 MI~TES OF REGULAR CITY_ u~i'~u~ MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, ~LD IN C ~ . ~ ~ IiY w -ALL, T~S~AY, JAnUarY 20, ~ PRESENT Joe DeLong, i~Jor Joseph F. Zack, Vice Mayor Edward F. Harmening, Coumci!man Emily M. Jackson, Councilwoman Norman F. Strnad, Councilman Mayor DeLong called the meeting to order at 7:30 P. M. He asked all to rise for the invocation given by Mx. Erank Kohl, City M~.nager, in the absence of Father McGowan, Resident Priest of St. Mark's Catholic Church, followed by the Pledge of A±leg_~uce to the Flag led by Vice Mayor Joseph F. Zack. Mmyor requested DeLong an addition be made to the Agenda under Legal, D. Other, and he referred to a communication from former City Attorney Ernest Simon with a recommendation · ' b wnmc~ this Council must take action on tonight. He suggested that this be marked No. 5 under Legal and be listed as ~Lehigh Portland Cement~,. He also requested that Item H under Administrative be made No. 6 under this heading. ~yor DeLong announced that it was the intention of the City Council members to adjourn this evening at approximately ~0 o'clock. In ~iew of the heavy agenda, they will reconvane at 5:00 p. M. on Thua~sday. They will move uo the bills to be paid before adjourning tonight. Also, thSy would take care of ar~ legal matters, so the City Attorney would not have to be present at t~e reconvened meeting. The m mbers agreed. Announcements ~yor DeLong announced there would be a ~mblic Forum of the Florida Legislative Delegation in the Council Chambers of the Boynton Beach City Hall on January 22. ~976, from 7:00 P. M. till 9:00 P. M. He added that any local residents are definitely entitled to appear if they feel they would like to. Frank Kohl, City Manager Rober= B. Reed, City Attorney Tereesa Padgett, City Clerk Mayor DeLong announced that the Annual Fire Service Training Improvement Conference would be held at the Florida State Fire College in 0cala, Florida on January 27th through Jan- uary ~0th~ 1976. k~¥For DeLong announ¢ed that the Schedule for Homestead Exemp- tions would be on February 5th & 6th, ~ ~ 97o, from 9:00 A. M. till 4:30 P. M. in the Lobby of City Hall. He added that they do this practically every year and a~one wishing to file for homestead exemptions may do so in t' ~al~. ~ne lobby of City Mayor DeLong then read the Proclamation the of January an~ Februsa~y, lO~ declaring months ~.~, as Bnai Brith hontns. MINUTES - REGb~AR CITY BOYNTON BEACH, FLORIDA COD-NC ~ ~E TING JANUMQY 20, 1976 At this time, ~ir. Kohl requested that a motion from ~ Anthony Canon be placed on the Agenda. They discUssed the purpose of this and Mayor DeLong suggested placing this under New Business as Item A. He added that he would like to strike the listed Item A regarding black-topping of N. W. 7th Street, as this can be taken cars of administratively by Mx. Kohl The members agreed. · MINUTES Regular City Council Meetin~ - January 5, 1976 Mr. Harmening referred to Page 28, next to bottom line, and stated it should be "first Sriority basis" instead of first rate basis. Mrs. Jackson referred to the first page in her correction of the spelling of sodium pentathol and she was wrong in this spelling and Sue spelled it right in the ori- ginal minutes. Mr. Zack stated that he would absta~ from voting on the Old Business. Mr. Reed referred to Page 29, last paragraph, and stated he referred to Section 59 instead of Section 54. M~s. Jackson referred to Page ~4, third oara- graph, and stated ~ ~at her statement had been reversed re- garding representation of the people. Mr. Harmening moved for the adoption of the Minutes of the Regular Meeting of January 5, ~976, as corrected. Mrs. Jackson seconded the motion. Motion carried 4-t, with~. Zack abstaining in regards to Old Business. Reconvened Meeting of January 5~ 1976 Mrs. Jack, on moved for the adoption of the Minntes of the Reconvened Meeting of Jauuary 5~ ~976, as submitted. Zack seconded the motion. Motion carried 5-0. ~Special City Co~ucil Meeting - January ~2~ ~976 M~. Strnad moved for the adoption of the Minutes of the Special City Council Meeting of January ~2, ~976. Harmening ~econded the motion. Motion carried 5-0. PUBLIC AUDIENCE M~yor DeLong requested all those sitting in the audience desiring to speak about items on the Agenda to please step forward and give their names to the'City Clerk, so they may be cai_em at ~ne appropriate time. M_r Richard Vastine _ o ~ - - ao~earea before the City Co~cil and presented ale~er~ to each Council member, City Clerk, City M~nager, City Attorney, and Recording Secretary. He ~ ~. ~he_~ read the folt~wing letter dated Feo_uary~ ~ 20, ~976, addressed to Mayor Joe DeLong from the United Boynton Civic League: ~NUTES - ~GULAR CiTY CO~C~ MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1976 "At the regular monthly meeting of the ~nited Boynton Civic League held on January 12, ~976, the seventeen goals you proposed in your ~yor's Message of January 5, 1976 was read in f ~ UA1 context. ' tn your leadership capacity as Mayor. it is essential that positive and constructive aims be established for a grow- ing city. You have been forthright and progressivs with your aims. No governmental administration can enter into any under- taking without looking forward to the best for its constituents. Your t7 goals were discussed at our meeting and in bmoad concept congratulate you on your leadership. ~ ~ motion duly oresent~m and approved by the Board of Directors of the United Boynton Civic League, it has gone on record with an overwhelming support of your 17 points. It is our hope that members of the City ~ - ' ~ounczl will seriously consider each one and implement them as fs~ as feasi- ble with an action program. With every best wish to you and your fellow councilmen for s~other successful administration under your leadership? ~. ~as~z_~e continued with referr~gtOm~ newspaper a~ t~c_e in the MiamA Herald containing a statement referring to the United Boynton Civic League and that they didn,t want to spend their tax monies for thirds which didn,~ benefit them such as fluori- dation of the water and ~hildren,s oar~. He explained how the United Boynton Civic League had-never objected to any recreational ~comvm~yo He stressed that the League did stand for the young people of Boynton Beach. ~.yor DeLong th~med Mr. Yastine and also the organization and the members for their support and kind sentiments expressed in this communication. He referred to the program he submitted in 1973 and how it did receive the support of the Council in 1973 and ~974. He believes that program was implemented to its fullest capacity. BiDS One (1) 20~ x 40' Eight-Inch Concrete Slab and Installation of a Septic T~uk System for a_~Tr~ck.Washing Facility M~. KOhl informed the Council that bids on the above were opened on January ~5, ~976 at 2:00 P. M. in the office of the ~rchasing Agent, M~. '~' ~ - ~mll~am H, Sullivan. The Tabula- tion Com~ttee recommends acceot~uce of the low bid from Niebel ~ ~ ' - ons~ructmon, Inc. in the amount of $4~838.00. A~mavmt s~gned by ?~r. John Nleb~t of Niebel Construction~ -3- MINUTES - PJ~GUL~q CITY COL~C~. i~ETiNG BOYNTON BEACH, FLORIDA JA~fUARY 20, 1976 Inc. He has checked all other requirements and everything is in order. Funds are available in the Operatin~ Capital Im- provements Fund. A transfer will be required from the unap- propriated surolus. He concurs with the reco~endations of the Tabulation'Co~ ttee. ~'. Zack moved to accept the City ~'~nager's recommendation, Seconded by Mrs. Jackson. No mmscuss_on. Motion carried 5-0. Ball Field Lighting (Flood Light Fixtures ~ Onkyo, Little League ~ior League Field and S. W. ]Sth & 1-95 Mw. Kohl informed the Council that bids on the above were opened on January ]3, 1976 at 3:00 P. M. in the office of the ~rchasing Agent, Mm. William H. ~ul~mvan. The Tabulation Committee recommends acceptance of the Alternate A Bid in the ~mo~nt of $8,7~6.~6 from Graybar Electric Corn an ~op~es ar~ ~n file ~ ~ P Y' ~ .~ ~ · ~ o_ the Tabuia~ion Sheet ~ud copy of ~Oe ~=~avm~.sl~ned oy Mr. J. T. Drake, Operating Mon~ger of cna ~rayoar ~±ec~ric Company. He has checked all other re- quirements and everything is in order. Funds are available in Account No. 020-856 and he concurs w~tn the recommendations Of the Tabulation Committee. M~rs. Jackson moved to accept the City Mar~ger,s recommenda- tion and award the bid to Graybar Electric Company for the Alternate A Bid in the ~mount of $8,796.96. ?@. Strnad seconded the motion No d'~ - ' · z~cusszon. Motion carried 5-0. Additional Electrical Work for New N. E. 9th Avenue M~inte- nance G~r~ge M~. ~oh~ ~ ~ - ~n~ormed the Council that '~ - mas on the above were opened on January ~5: !976 at 3:30 P. M. in the office of the ~rchasing Agent, ~. ~ml_~am H. Sullivan. ~ne Tabulation Committee recommends acceptmace of the sole bid from S~ummers Electric Company for the amotmt of $2,278.00. The City work force will dig and back fill the trench. Copies are oh file of the Tabulation Shee~ and ~ ~f~dav_~ signed by ~. Thomas A. Summers of Summers Electric Company. He has checked all other requirements and everything is in order. Funds are available in the Federal Revenue Sharing Fund Ac- count No. ~0-830. He concurs with the recommendations of the Tabulation Committee. I@. Harmening moved to award the bid on the recommendation of the C~ty Manager and Tabulation Committee to Summers Elec- tric Compsmy for additional electrical work for the new N. E. 9th Avenue Maintenance ~ ~ uaraoe in the amount of M2~s. Jac~~son seconded the motion. Under discussion, ~rnad state~ he would certainly ~lae to see more thmu one bid on an ite~ like this. He would certainly like to have this bid rejected and go out ~ ~ ~o~ bm~s again. ~k~. Kohl -4- MINUTES ' ~ ~ - R~GULAR CITY CO~CiL MEETING BOYNTON BEACH, FLORIDA J~IUARY 20, t 976 informed hi~ that bid requests were sent to six different companies, but this is the only one they received. Mayor DeLong referred to this having happened previously. Mr. Zack asked if the City electrical deps~tment ~ould do this work ~ud M~. Kohl replied that he had considered_~his, but they are bogged down and only have one electrician. They will do it though, if the Council desires. M~. Strnad ques- tioned the extent of this job and Mr. Kohl replied that he would certainly research this whole thir~ and would let him know tomorrow morning. Mayor DeLong asked~if they we~ted to table this until they received further information? ~. Harmening referred to having awarded a bid on numerous occa- sions to sole bidders. He also referred to having i~ems re- bid ~ad not having any better luck the second time. He referred to the City Manager not having the facilities and manpower to handle this ~'t~' ~ expemm ~usly. He would like ~o go ahead~ as it is a relatively smal! amo~t, i~ayor DeLong referred to their experience with the bids on the dog pound. Mrs. Jackson agreed that there had been several occasions when the bids came in worse the second time. ~r~ Zack re- marked that he believed there was only one bid received be- cause the job is so small. M~s. Padgett then conducted a roll call vote as follows~ Councilman Hs~mening Aye Councilwoman Jackson - ~a~e Councilman Strnad - Aye Vice Mayor Zack Aye Mayor DeLong Aye Motion carried 5-0. V~ate_ r Treatme~t Plant Exnansi~ 9n - Phases I__-A & ii and Phase !-B ~@. Harmening moved to table the bid for the Water Treatment P~ant Expansion - Phases I-A & ti and Phase I-B. Mr. Strnad seconded t~e motion. No discussmon. Motion carried 5-0. Sale of Scrap Iron & Fire Hydrents, a~ ~?~ater Treatment Plant ~ud Waste Wat~e~r Treatment Plant M~. Kohl informed the Council that bids for the sale of the above were ooened on January ~5, ~976 at 3:00 P. M. in the office of th~ ~rchasing Agent, ~. ~' '~ . ~lt~m H. Sullivan. ~ne Tabulation Committee recommends accepta~uce of the high bide as follows: Sa~ & Dee Antiques: Two (2) Fire Hydrants @ ~0.00 each ....... ~ 20.00 Belvedere Scrap Iron, ~nc.: ScraD Iron at Water Plant ................. g828.00 -5- M_~TES - REG%~_J~R CITY COUNC~ ~E~IN~ BOYNTON BEACH, FLORIDA JANUarY 20, ~ J76 Belvedere Scrap Iron, Inc.: Scrap Iron at Waste Hater Plant .......... $205.00 ~ ~ Belvedere Scrao Iron, Inc. originally On the ~ab~l~t~on Sheet~ did not bid on the scrap iron at the Waste Water Pl~ut, but after conversation at 10:30 A. M. on January ~5th~ wherein they were advised that the scrap iron would be uncovered and moved to the side of the road (before this, it was inaccess- able)~ they did place a bid. He concurs with the recommenda~ tions of the Tabulation Committee. Mrs. Jackson moved to accept the City Manager's amd Tabula- tion Committee's report and award the bid for the sale of scrap iron and fire hydrants as follows: Sam & Dee ~tiques: T~o (2) Fire Hydrants @ $~0.00 each ........ $ 20.00 Belvedere Scrap Iron, Inc.: Scrap Iron at ~ater ~_ant .................. $828.00 Belvedere Scrap Iron, Inc.: Scrap Lron at ~aste Water Plant ............ $205.00 Zack seconded the motion. No discussion. Motion ca_~ried · T~ PUBLIC HE~R_NG Ordinances - 2nd Readln~ PUBLIC ~AR!NG Proposed Ordinance No. 75-44 Re: Municipal Home Rule Powers ~ct - Recall Procedures . Mr. Reed read proposed Ordinance No. 75-44 in its entirety. Mayor DeLong asked if anyone present desired to speak in favor of this ordinance and received no response. He then asked if anyone desired to speak in opposition arid received ~O response. Mr. Harm~ning moved for the adoption of Ordinance No. 75-44 on second and final reading, seconded by Mrs. Jackmon. No discussion. Mms. Padgett conducted a roll call Vote as follows: Co~aucilm~u Harmening ~ Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - ~ve M~yor DeLong - Aye Motion carried 5-0. -6- M~NUT~S REG~M CiTY COUNCIL ~ETING BOYNTON BEAC~, FLORIDA JANUARY 20, 1976 Ordinances -Ist Reading Prooosed Ordinance No,76-5 Re: Repeal Ordinance Pertaining to Per~it for inst~llation of T. V. Antennas (Application for Permit - ~hen Required) ......... TABLED ~s. Jackson moved to remove this from the table, seconded by M~. Harmsning. Motion carried 5-0. ~. Reed read proposed Ordinance No. 76-5 in its entirety. ~s~ Jackson moved for the adoption of proposed Ordinance No. 76-5 on first reading, seconded by Mr. Harmening. No discus- sion. M~s. Padgett took a roll call vote as follows: Councilman Harmening Aye Councilwoman Jackson Councilman Strnad - Aye Vice M~myor Zack - Aye M~vor DeLong - Aye Motion Carried 5-0. Proposed Ordinance No. 76-6 Re: Repeal Ordinance Pertaining to Permit for Installation of T. U. ~utennas (Manner of Construction & Instaltation)..~ ~ ~ ~s. Jackson moved to remove this from the table, seconded by ~. Har~ening. Motion carried 5-0, M~. Reed read proposed Ordinance No. 76-6 in its entirety. ~s. Jackson moved for the adoption of proposed Ordin~ace No. 76-6 on first ~'~ - reaam~g, seconded by Mr. Zack. No discussion. Mrs. Padgett took a roll call Vote as follows: Councilman Harmening - Aye Councilwoman Jackson - ~e Councilman Strnad - ~e Vice M~-or Zack Aye Mayor DeLong - Aye Motion carried 5-0. Proposed Ordi~_~nce No. 76-3 w · ..e. Rescind Ordinance NO. 75-43 .~er~amnmng to ,~ Retention of P~blic Records M~. Reed read proposed Ordinance No. 76-3 in its entirety. ~. Strnad moved for the adoption of Ordins~ce No. 76-3 re- pealing Ordinance No. 75-43. Mr. Eack seconded the motion. -7- MINUTES - REGL~AR CITY ~ ~ ~OUNCIL ~,~ETING BOYNTON BEACH, FLORIDA J~JARY 20, t976 Unde.r discussions Nms. Jackson stated she would like to ~uow what everyone is afraid of. They are all working for the good of the City. Why not put this in the ordinances mud have government in the so~shine and let the people know? Nm. Zack replied that he felt documents pertaining to the City defi- 'nitely should go to the central file, but anythir~ of a per- sonal nature should stay in the proper file~. Mayor DeLong informed her that this was in compliance with the Depar~m~n~ of Archives. Mms. Jackson replied that this has nothing to do with the Department of Archives, but this ordinance com- plied with ~ ~he S~ate Law. It was exactly the same as the State Law. She thinks the people should be made aware of this. Mm. Zack referred to Mr. Simon cuoting part of a nublic law and ~s. Jackson'agreed and this w~s Chapter 1t9. Mg. Zack continued that }~. Simon had mentioned anything personal coming to him is his mail and not the City's. Mrs. Jackson agreed and stated this is exactly what the ordinance did. There was no mention of personal mail going in there. This all had to do with public records and City business and did not pertain to personal business. Mr. Strnad requested a vote be taken and Mrs. Padgett took a roll call vote follows: Cocci!man Harmening - No Councilwoman Jackson - No Councilman Strnad - _~ye Vice Mm~yor Zack - Aye M~or DeLong - Aye Motion carried 3-2. Proposed Ordinance No. 76-7 Re: Pr_oviding for Adjustments of ~enera_ Fund for Fiscal Year Endin¢ Sept. 30~ ~975 ~. Reed read proposed Ordinance No. 76-7 in its entirety. Mms. Jackson referred to this amending Ordinance No. 74-28 and asked if th~__ was the t975 budget, wouldn't ~n_s'~ be No. 75-28? Mr. Zohl replied that it was in the 1974 budget whic~ ends in October. They start in one year and end in the next. It was agreed the ordinance was correct as written. ~s. Jackson moved for the aaontzon of Ordinance No. 76-7 on first reading, seconded by Nm.-Zack. No discussion. Mrs. Padgett took a roll call vote as follows: Councilman Harmening - ~;e Co~uucilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - _~ye Mayor DeLong Aye Motion carried 5-0. M_T~JTES - REGULAR CITY CO%%ICtV_~ I~ETING BOYNTON BEACH, FLORIDA JA~-ARY 20, 7976 Proposed Ordinance No. 76-4 Re: Creating the Position of A__ssistant City Attorney ~. Reed read proposed Ordinance No. 76-4 in its entirety. ~. Zack moved for the adootion on first reading of Ordinance No 76-4, seconded by ~. S rnac. Under discussion, Mr. ~armening stated he was ~nder the impression a~ the last meet- zng that when they made this appointment, they were doing this simultaneously. He thought they created ~ud appointed through their previous action. He asked if they were changing this now? What did their prsvious action do? Mayor DeLong replied that their previous actionbrough~ this about. M~. Reed added that at the last meeting, it was suggested that it might be well to pass a resolution to ~reate this position. He recon- sidered after reviewing~the code and saw provisions for cer- tain positions to be created by ordinance and he preoared this ordinance to keeo in li~e with wha~ has been do~e in the past. Mr. H~rmening ~eferred to having created positions in the past by resolution. He added that there was prob~oly=~ a good reason for using a~esolu~o~ ~ instead of an ordinance~ He explained how he thought they were placing themselves at a disadvantage by creating this position with an ordinance. M~s. Jackson referred to a lstter from Reed & Smodish advising that ~. Smodish had gone to court for the City. She pointed out that he had appeared for the City and they had not even created the pos~tzon yet. She agrees with N_~. Harmenlng that they should get the show on the road rather than '~' Wa~zng 45 d~s. ~v~v. Reed infor~sd her that Mr. Smodish did not appear for the City as stated by the letter, but ~. Simon did. He explained how they had received late notice of this case and M~. Smodish met M~ Simon at the court house. M~. Reed continued that he thought it was better to create this position by ordinance and named the Various positions created by ordinance. In going over the ordinances and reso- lutions and deciding-~h~tner= ~ to create this oosition by reso- lution or ordinance, it seemed to him that t~e resolutions were ~sed to hire a particular individual for a particular job, but ordinances were used to create a 3~b.'~ An ordinance created the Building Official posltion~ but a resolution was used to hire him for the job. Whatever the Council desires, but action should be taken in~ediately. Mayor DeLong, pointed out t~ even though they would have no wait until the ordinance was effective, the City was in a position to engage ar~- attorney to represent them in court and he explained how it did not have to be the C~t~ v Attorney. ~. Reed agreed. ~. Kohl rsferred to the letter and case mentioned and stated that he was a~ed~ by M~r. Simon and Mrs. Jackson if there could be an attorney from Reed& Smodish on that case~ but M~. Simon was the attorney on record. He took the orerogative to assign one of the men. - -9- MINUTES - REGULAR CiTY COUNCIL ~ETING BOYNTON BEACH, FLORIDA 20, 1 976 Mrs. Padgett then conducted a roll c~l vote as follows: Councilman Harmening - Aye Councilwoman Jackson - ~e Councilman Strnad - Aye Vice Mayor Zack - Aye Y~yor DeLong Aye Motion carried 5-0. Reso!utio~ Proposed Resolution No. 76- League.Concession Building Re: Utilization of the Little Mr. Eohl requested that this be deleted until the ne~t meeting when he will have a new resolution. Mrs. Jackson moved to table this resolution seconded by M~. Zack. Motion carried 5-0. ~ Other Approval of Resolution No. 3-76 Re: Designating the Regional Bo~d as the '~Lead Agency~, for ~'20~ Facml~t~es Planning,? for the Palm Beach County. S~outh Central Regional Area M~. Ree~ read Resolution No. 3-76 in its entirety. M~s. Jackson moved for the adoption of Resolution No. 3-76~ seconded by Mr. Harmening. No discussion. ~s. Padgett took a roll call vote as follows: Co,~uci!man Harmening - Aye Councilwoman Jackson - Aye Cou~ucilman Strnad - Aye Vice Mayor Zack Mayor DeLong - ~ve Motion ~arr~ed ~ Consider Approval of Amendment to Inter-Local Agreement Re: Community Developmeat Act ~. ~ohl explained tn_s amendment and recommended that it be signed. Mrs. Jackson moved to accept the City M~uager's recommendation ~ud have Mayor DeLong sign this agreement, seconded by M~. Zacko ~. Eohl requested that Mayor DeLong recognize M~. ~usell Jefferies in the audience, the Director for Come, unity Develop- ment for Palm Beach Co-~uty. M~yor DeLong welcomed M~. Jefferies and requested that he come forward. Mr. Jef~eriee informed the Council that with Boynton Beach agreeing to MINUTES - REGU ~LAR CiTY COUNCIL ~ETiNG BOYNTON BEACH, FLORIDA J~NU~-RY 20~ 1976 extend the Inter-Local Agreement, Palm Beach County does qualify the second year. He thinks they will be proud of the program, He then thaod~ed them. Motion carried 5-0. -Resolution of the Palm Beach County Fire Chiefs Associatio~ Mm. Kohl read the Resolution of the Palm Beach County Fire ~h_efs Assoc_~at!on in its entirety. Mm. S~rnad moved to adopt the Reso_~utmon of t~e Palm Beach County w' _ire Chiefs Association supporting the attached oeti- tion and authorizing the attached petition to be presented to appropriate governmental agencies within the State re- q estlns such agencies to support andestab!ish· emergency Medical ~ - ' ~ ~ ~echn!o~_an v and II programs ~uder the auspices of Palm Beach Junior College. Mrs. Jack~on seconded the motion. Under ~'~ -~ ' ~l~CUoslon, M. rs. Jackson asked if they were going to have a resolution of thei9 own to follow this smd Mayor DeLong replied that he was under, the impression that this was what they were going to have tonight=nm" ~ dexmn_tely~' ~ re- queers such a resolution. M~rs. Padgett then took a roi!- call vote as follows: Councilman Harmening - Aye Councilwoman Jackson D~e Councilman Strnad - _~ve Vice Me~or Zack - Aye Mayor DeLong - Aye Motion carrmed 5-0. Legal opin~ion ~e: Board of Truste.=s: Employees' Pension Pled ~. Reed read his letter dated Jknuary 14 giving his opinion regardi~_~ Mr. Sal DeCanio,s service as a member of the Board of Trustees, E~pmoyees' Pension Plan. ~s. Jackson moved to instruct the City Attorney to contact the Attorney General, as this opinion was given in 195~ by another Attorney General. She thinks it would be a good idea to have the Attorney General's opinion. There have been ma~ different laws on the books since then. She also thinks this should be requested in view that M~. DeCanio has another year to serve. Mr. Harmening seconded the motion. Under discussion, ~. Zack asked if the City Attorney had records of these Statutes and M~. Reed replied: yes. Sack asked if he~could find ~ything without going to the Attorney General and i~. Reed replied that he could provide copies of the sections of the Statutes referred to. M~. Sack remarked tna, he didn,t think anything would be gained ~y W~~' ~ng to the Attorney General, MI~MSTEs . REGULAR CITY COUNCIL ME~TING BOYR~ON BEACH, FLORIDA JANUARY 20, ~976 ~4~s. Jackson stated ~ ~* ~h=o she thought it would serve a good purpose to check this, as it has happened~before mud it con- cerns someone who has served on the Board and has another year to Serve. Mayor DeLong clarified that it was the question of whether to accept the City Attorney,s opinion or go beyond that to the ittorney General. He referred to M~. Reed~s ooinion t~ted in his le~te_ an~ Reed expla~n~ that after re- Viewing Statutes and cases interoreting Statutes, while ad- mittedly this was not the most r~cent but was the closest to this, he feels it would be improper for M~. DeCanio to serve on this Board. He thiraks it would be improper for the Council to appoint him in view of the serious possibility it might be a conflict of interest. The only w~y they would know for sure would be to request and obtain an opinion from the Attor- ney General. l~ir. Zack referred to the possibility of the Attorney General,s opinion being different and they could continue to buy insur- ance from Mr. DeCanio and also do business with members of other Boards. The members discussed this further and Mmjfor DeZong stated that he believed it was still a d~r_ct conflict of interest and believes the Attorney General w~ld agree. Y~s. Padgett then took a roll call vote as follows: Co~aucilman Harmening - Councilwoman Jackson - Aye Councilme~a Strnad - No Vice Mayor Zack - No Mayor DeLong - No Motion failed 3-2. Mr. Strnad moved to instruct the City Manager to advise Mr DeC=nzo that in view of the fact there has been a conflict of interest based on a legal opinion, he can no longer serve on this Board. M~. Zack seconded the motion. ~s. Padgett took a roll call vote as follows: Councilman Harmening - No Councilwoman Jackson - ~o, because the City Attorney used the wor~ ~might~ ~md it is not clear otherwise. Councilman Strnad Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion cs~ried 3-2. Mr. Kohl informed the Counci~ ..... - ohao M~. Reed nam a~tached cooies of the State Statutes to his letter. H ~ - owecer, with MINU~S - REGULA2~ CiTY C0bT~CIL MEETZNG BOYNTON BEACH, FLORIDA JA!~JARY 20, 1976 trying to conserve paper, he did not copy these nine pages. They are welcome to check these Statutes in his book. M~. Harmsni~ rsplied that with this having come to a head, he would have enjoyed having had these Statutes in front of him to read. He is not ~ ~ · criticizing the City Manager in his efforts to conserve money, in view of the action, he just would have appreciated having the Statutes to refresh his memory. Mayor DeLong remarked that he ma~e it his business to keep abreast of this business. ~. Eack pointed ou~ that it was the City Attorney,s job to look up Statutes. ~ehigh Portland Cement Comoany N~¥or DeLong read Mr. Simon's letter regarding this court case and requesting that a decision be made by the City Co~mcil of whether to o~ursue this with the Supreme Court of Florida. Mms. Jackson moved to appeal this case to the Suoreme Court. Mr. Strnad seconded the motion. Under ~: · o-~scusslon, M-rs. Jack- son referred to having sat through the entire law suit when it was held the first time and she feels they won this case very definitely. They ~ ~ s~ould have ~a~ so me.ny people in the City,~ ~ who~ did~ not~ want Lehigh Portland Cement Company and she woule l~e ~o see ~t and ..... - ~ .... Mayor DeLong agreed referred to having ~s_t~nthis case also and he ~el_~ves it was the consensus of opinion of the City Council members that they did not appreciate the we~- this case was handled. He pointed out that they did state to the oeople that they w ~ ~ oumd ~ursue this to all mm~vs. He believes they should try to do-aw~ with this obnoxious industry. Mn~. Zack asked if the attorneys would collaborate on the b ~ r~efmng and Mayor DeLong replied that he believed that Mm. Simon was the Attorney of record. Mr. Reed stated this was correct and he has talked to Mm. Simon about this case. He estimates the brief that would have to be filed would have to be f~led within 20 days after January ~4. As the M-~. Siraon has been with this case since i ~' ~- ~ kmow, - ncep~mon. He then explained how there was a good possibility the Supreme Court would take this case w~h~ the conflict existing between the two districts. There is also the possibility the Supreme Court will not take this case, but a brie~_ must be .~led. M~. Zack suggested tha~ possibly they should have Some help in filing this case based on Mrs. Jack. son's remarks that they should have won the case. M_rs. Jackson replied that her opinion was based on sitting through tnr~e~ ~ days of testi- mony outlining the cost of the different equipment they were going to use, etc. She added that they had a group of law- yers and the City only had one. Mayor DeLong asked if it was the end of the road if the Suoreme Court refused to hear this case even if they o~mr- Su~d it? ~. Reed replied this was correct. ~ · -o~yor DeLong See Min. of 2/3/76 -13- MzNuTES - RSGUL~ CITY COUNCIL BOYNTON BEACH, ~ORIDA 20, 1976 ~ated that he thought they should pursue this. He referred to when the Chambers were crowded with people requesting re- lief and they should do all within their power to do every- thing they can to prevent this obnoxious industry from locat- ing in their City. He believes they should follow this right to the end. Mr. Ha~menin~ agreed. ~. Reed informed them that the outcome of this case may also affect the decision of the Fourth District Court in regards to the Rinker Case. Major DeLong questioned if he meant if they defaulted on pursui~g~ this, it may be clear sailing for Rin!~er? Mrs. JacY~on adde~ that Hypoluxo also has a suit against Ma%ule and they a~e~aiting the outcome of this case. M_r. Kohl informed the Council that the reason he did not out this on the agenda is because he has another item pertaining to all law suits. Mayor DeLong replied that he was aware of these items, but he put this one on because he believes this deserves priority above the other cases. ?his particular appeal requires action at this ps~ticular meeting° This has the h~g~:est priority. He then requested M~rs. Padgett to take a roll call Vote. Mrs. Pamoett conducted a roll call vote as follows: Co~mciiman Harmening - Aye Councilwoman Jackson - ~e Councilman Strnad - Aye Vice Mayor Zack - ~e Mayor DeLong - Aye Motion carried 5-0. Discuss Pending. Law Suits and Other Legal Matters Mm. Kohl read his letter prepared for the agenda stating that he and Mr. Reed met with Russell & Axon representatives on W dnesday, January 7~% for three hours regarding the pending injunction on the water plant. At the conclusion of this meeting, 5@. Reed and he spent over an hour going over many other pending legal ~ ~ ~, ~ mat~ers. During their meet~g,_~ they telephoned Mr. Simon to discuss the situation. ~ey con- cluded that for a smoo~h transition of legal matters~ Simon will turn over to ~. Reed as many legal lv~ms as possi- Mowevez, there are many legal_orob~ems which they ¢_eel should~ at this time~ remain with Mr. Simon for the good of the City .... i.e. The Pratt case scheduled for January 8th on which }~_~. Simon is listed as attorney of record. He resoect- fully requests their approval to permit him to m~e the ~eter- mination in the best interest of %he City, as to what legal matters Mr. Ernest Simon should complete ~ud what should be MINUTES - REGULAR uI_Y~ T COUNCIL M~ETING BOYNTON BEACH~ FLORIDA ~A~JARY 20, 1976 turned over to their City Attorney, Mr. Robert Reed. Of course, Mr. Simon will be remunerated for the hours spent to conclude the City bus_ness.~ He has discussed this with Z~. Reed and it would be his opinion with his what would be turned over to Mr. Simon. Mr. Simon's rate would be $60.00 pe'r hour. ?~ armenlng moved that + ~ , H ' ~hey accept the City Manager's sta~e- merit on ~h_s matter and leave all discretion with the City Manager to clear uo the pending lega! matters. Mrs. Jackson seconded the motiorn. Under discussion,'~.~s~ . Jackson asked if he was includi~.g the remuneration at $60.00 an hour and Mr. Harmening replied: yes, it was included. ~s. Padgett then took a roll call vote as follows: Councilman Harmenin~ - ~e Councilwoman Jackso~ - Aye Councilman Strnad - Aye Vice Mayor Zack - ~ve Mayor DeLo~ - Aye Motion carried 5-0. OLD BUSINESS Appointments of City Officials ...... TABLED Assistant Cm~ Prosecutor Public Defender ~s. Jack~on made a motion to remove~-~ from ~ne'~ table, seconded by M~. H~msning. Motion carried 5-0. Mr Harmening stave~ he did not care to make a nomination at this time for the Assistant City Prosecutor. H~vever he feels the Police Depar~men~ and Cmty cannot ~ ~ ~zo.a to leave the office of ~ab!ic Defender ooen too~zono.~ He then ~ ~- the law firm of Reynolds & - nom_~.a~a - M~rchbanks of Boca Raton. Mayor DeLong questioned whether they needed additional author- ity to let the partner substitute and ~s. Jackson repl~ea~ ' that they both alternated last year and the same appointment had been made. ~. Reed stated he didn't know what they had done in the past. He told about being the Public Defender for the City at one time.He doesn't recall if the ordinance con- templated an individual, law partnership or professional asso- ciation, but doesn,t k~ow why a partnership ~ , cou_an t be ap- pointed. M~s. Jackson told about talking with Judge Schwartz an~ having him mention that it was necessary to have a ~blic Defender as soon as possible. ?~-or DeLo~ asked if Reynolds & Marchbanks had been contacted and if they would be willing to serve and ~. Harmen~n. -- g replied: MII~JTES - REGULAR CiTY COb~C_~ MEETING JANU~MY 20, 1976 BOYNTON BEACH, ?~0RIDA yes. Msyor DeLong asked if they would be appointed at the same salary and ~. Harmening replied that he had not heard amy request for a~altmona~ remuneration. Mayor DeLong asked if the~ would be prepared to give additional remuneration and ~. Harmsr~ing replied that he thinks the amount of work might warrsua~ it. Msyor DeLong added that they must consider the backlog of work too. M~. Strnad moved that the nominations be closed for this particular ''~ ~ posl~O~_~ seconded by M~s. Jack, on. Mr. Zack asked if there was the possibility of getting someone local from Boynton Beach for this position amd Mayor DeLong replied that it looked like the bushes were beaten and nobody had popped up with services. It has been the policy of this administration to engage local attorneys, but it seems every- one on the Council has tried to find out if anyone was avail- able. ~hen they can't find anyone locally, they must go be- yond and also must consider they have served in the past. n=rmen~ng added that this particular post was not exactly being sought after by most attorneys. Mrs. Jackson added that this firm did have a local telephone number, even though their office is in Boca Raton. Motion carried 5-0. Mayor D=Lo_~g requested the City Manager to advise the firm of Reynolds & Marchbanks that they have been selected as Public Defender for the City of Boynton Beach. M~. Harmening moved to nlace the question of the Assists_ut City Prosecutor on the %able, seconded by ~s. Jackson. Motion carried 5-0. Appointment of Boards & Co~ttees ...... TABLED Fireman,s Pension Board - One Resident Member Policeman,s Pension Board - One Resident Member ~s. Jackson stated she believed they tabled this for some information to find out if these two Boards needed someone from a bank. i~. Kohl informed her that they could be any- one. ~s. Jackson made a motion to remove this from the table, seconded by Mr. Zack. Motion carried 5-0. Mayor DeLong announced that the nominations were open for one resident member of the Firemaaa's Pension Board and the Co~mcil members made the following nominations: Mm. Harmening passed. Mmso Jackson nominated l~. Richard D'Angelo, who has previously served on this Board. MI~UJ~S - RE~UL~ CITY COUNCIL MEETING JA~iuARY 20, 1 976 BOYNTON BEACH, FLORIDA ~- Z~ck nominated I',~. George Gold. M~. Strnad passed. Mayor DeLong passed. I~. Harmening moved that the nominations be closed, seconded by ~s. Jackson. Motion carried 5-0. ~s. Jackson made a motion to appoint M~. Richard D'Angelo to the Fireman's ,Pension Board, seconded by M~. Harmening. M~s. Padgett took a roll call vote as follows: Comucilman Harmening Aye Councilwoman Jack~on - ~ye Councilman Strnad No Vice Mayor Zack - No Mayor ~Long - No P~s. Padgett announced the vote was 3-2 against appointing Mr. "D'&ngelo. M~. Strnad moved for the appointment of M~. George Gold as one resident member of the Fireman,s Pension Board, seconded by Mr. Zack. Mrs. Padgett took a roll call Vote as C ,~ ~ o~ucl_~an Ha~ men_ng Councilwom~u Jackson No Councilman Strnad Aye Vice Mayor Zack - Aye Mayor DeLong - .~e ~s. Padgett announced the votev~s 4-1 in favor of appointing M~r. Gould. Mayor DeLong declared the nominations ooen member of the Policeman's Pension Board~and bets submitted the following nominations: a~menmng passed. Mrs. Jackson nominated Mm. Een Hall, Board and has done a good job. M~. Strnad nominated Mr. Mm. Zack passed. for one resident the Council mem- who has W~ll~am Morgan. been on the Mayor DeLong p~ss~d.~= ~M~s'. Jackson, made a motion to appoint M~. Ken m~_Z--]- to the ~ollceman s Pension Board, seconded by Mr. Harmening. Padgett took a roll call vote as follows: Ml~YJTES - REG~qlAR CiTY COP~-~CiL ~-ETiNG BOYhrTON BEACH, FLORIDA JANU~qY 20, 1976 Councilman Harmening - ~e Councilwoman Jackson - ~e Councilman Strnad - No Vice Mayor Zack - No Mayor DeLong - No ~s. Padgett announced the vote was 3-2 against appointing M~~. Hall. ~. Zack moved to appoint M~. William Morkan to the Police- man~s Pension Board, seconded by M~. Strnad. M~s. Padgett took a roll call vote as follows: Councilman Harmening No Co~ciiw omen Jackson No Councilman Strnad - Aye Vice Ma~vor Zack - Aye Mayor DeLong - Aye Mrs. Padgett =~ announc~a the vote was 3-2 in favor of ~ppomnt- lng M~. Mork~n. Consider Approval of Preliminary Site Plan - Lake Worth ji b ~riner llage ~u m~vis~on ....... TABLED ~s. Jackson made a motion to remove this from the table, seconded by M~. Harmening. Motion carried 5-0. [~. Kohl read the motion made including the discussion from the minutes of the Plarn~ing & Zoning Board Meeting of Decem- ber 23~ t975, pertaining to their review of this ple~. Mayor DeLong pointed out that there seemed to be some contention in the discussion at this meeting. He is curious about cer- tain statements made. Mayor DeLong first referred to the statement regarding the notation being erased pertaining to bonds for the roadways. ~. Kohl informed him that they would have private streets. M~yor DeLong stated that they still require a performance bond and the streets must meet City requirements. He added that there was no doubt in his mind that they could have them post a performance bond ~nd M~. Clark informed him that it was no~ an ordinance reGuirement for private streets. This would be a legal questi6n. ~aey have not required that a bond be posted for orivate streets. They will recuire that they meet City specifications and they will inspect it and can prevent a c/o from being issued. If the construction is not satisfactory, the c/o's will be withheld. Mayor DeLong referred to having asked previously to upgrade the soecifica- tions for streets. He doesn't know if this has been-done and he referred to develooments with substandard streets and the people being stuck. M~. Clark informed him that the minimum requirements exceed the State requirements, but it is not in the ordinance° ~yor DeLong questioned why they -t8- ~_INUTES RE~uL~q CI~f CODICIL t~ETING BOYNTON BEACH, FLORIDA JANUARY 20, 1976 didn,t put this in ordinance form and ~. Clark in zo~me~ him that they were writing s new subdivision ordinance and he wml_ make a recommendation. M~yor DeLong remarked that he gets disturbed with seeing what the developers have ~ft be- hind for these residents. Mayor DeLong then asked M~. Clark if he was satisfied with the engineering and if it would be filled, etc.? ~. Clark informed him that they would require borings for the roadway construction. The sewers are existing, but the Building Department does require soil tests to be made for each dwel- ling house. M~yor DeLor~ asked if they decided whether piling will be used and M~. Clark reolied that they hadn't yet. Mayor DeLong requested that h$ follow this closely and Clark replied that he would work with Mr. Howell. M~ayor DeLong continued that this administration ws~uts to be qui~e sure everything complies with engineering~ These oeople develoo and then leave problems. M~. Clark ' ~ ~ L~ ~ ~n~o~m~ him that the representatives just informed him that everything is bonded~ including the streets. - ~. Zack asked if this was a 30 _t. street an~ M~. Clark ex- plained ~ ~na~ this preliminary plat was prepared for a 20 ft. roadway with a 5 ft. easement on each side similar to Leisure- ville. Mr. Zack asked if fire truck~ could turn around and M~. Clark informed him ~h ' ,_ay there was a cul-de-sac. ~. Zack questioned their handling of future similar requests and ~. Clark replied that he was not acquainted with the Pb~D ordinance, such as Leisureville not meeting the subdivi- sion ordinance. The subdivision ordinance states tha~ every lot must be on a publicly dedicate~ ~ s~ree~, but he exolained how private streets do exist in the City. ~. Zack -~ anyone had asked for these orivate s~reets to be de ' - d~ca~ed to the City and ~. Clark reolied: no~ but they have complained about the construction no% ~ ~ be_no sa~msfactory. They are in- sisti~ that requirements be m~t on private streets now, as well as parking lots. the radius of the cul-de-sac and M~. Tiaey discussed ~nts and did have ~d. ~. Kohl in- ,Dyed these plans ~arY plans. ~r. Strnad questioned Clark informed ~ '~ n~_~ it was a 40 ft. radius how this cul-de-sac did mesv the requirem. enough room for a fire truck to turn ar.o~ ~or~ed the Council that the T.R.B. had-aD' and he pointed out that they were preli.m~m Mm. Zack moved to accept these prelin~ina~ - plans recommended by the Planning & Zoning Board for the La ~e ~'orth Mariner Village Subdivision. M~. ~ armenmng seconded the motion. No discussion. Motion carried 5-0. MINU~S REGUL '~R ~ITY ~ ~' - ~OU~ CIL ~ FLORIDA BOYNTON BEACH, ~ETING JA~ARY 20~ 1976 Consider Request of Image Homes to Cor~struct Sales Models..., TABLED · M~. Harmening made a motion to te_ke this off the table, seconded by Mr. Strnado Motion carried 5-0. M~. Kohl read the paragraph from the Planning & Zoning Board minutes of December 23, 7975, containing ~ =' lng this pl~a. ~h~_r motion regard- Mayor DeLong referred to having read these minutes and stated he was a little concerned about what this request was for. He stated that he didn,t l~ke the wording of the motion stat- ing to be used for public ourooses only and thinks it should be used for dm~pi~j and sa~es-purposes only, They should delete that public purposes and insert disolay and sales. ~Lr. Harmening agreed. - M~. Harmening moved to accept the Planning & Zoning Board's recommendation in regard to Image Homes including · ~ ~ - a-~ provi- sos ~ud stmpumat~on~ with a further proviso that these models are to be used for sales, show, and display only. M~s. Jackson seconded the motion. Under discussion, Mr. Strnad ~ke~ if the sewers were presently extended to this particu. lar location and M~. Kohl and M~. Clark replied that they were not sure. M~. Kohl added that if they were not, it will be extended at their request. M~. Clark added that they could not get a permit in this area unless they have a sewer. Motion carried 5-0. Consider Conversion of a Portion of Golden Sands Motel to Condominiums ....... TABLED ~'~ Zack moved to remove this fro~ the t~b_e, seconded by Harmening. Motion ~ ' carr_em 5-0. ~. Kohl read the paragraph from the Planning & Zoni~ Board minutes of December 23, 7975, containing their motion regard- ing this plan. Mrs. J ac~son asked if the parking had been checked and M~. Kohl replied that they had met the .equ~remen~ of 39 parking s,~ces. Mayor DeLong pointed out that the most importe~ut question involved in tn_s particular request is the comoliance of R-3 ~ · ~ zoning. The City cannot nave a double standard in so far as R-3 is concerned. ~' When people with C-3 property wish to construct along a permissive use of R-3~ it would appear that all requirements of R-3 must be met in the C-3 zone. More ~muits would be p rm~ttem in C-3 than ~'~* perm~ ~ed under R-3. ~Tf they go along ~ · w~tn C-3, ~hey can have as many as 60 to 70 units per acre. As long as this will be a oer- missive use, he believes it must meet with all the r~quire- ments of R-3. Zf this has been inadvertently omitted in -20- MiA~JTES - REGULAR CITY- COUNC~ MEETING BOYNTON BEACH, FLORIDA J.~ARY 20 ~ ~ 976 the C-3 zone, he believes it is necessary to include that particular requirement in the C-3 zone. I~. Len Schmidt appeared before the Cou~ucil and informed them that in C-3, there were no density requirements. ~yor DeLong asked if all the requirements of C-3 could be met and Mm. Schmidt replied: yes. Mayor DeLong asked if all the requirements of R-3 could be met and M~. Schmidt reolied: no. Mayo~ DeLong remarked that they ~ ~ - na~e double standards. ~. Schmidt pointed out that under C-3, there Was no refer- ence t~ R-3. MaYor DeLong replied that under R, it they ~ · ~ 3, states .- s~ have ~he reco~enmatmon of the Planning & Zoning Board and aoorOval of the C~ty Co~ucil. If they Want this to carry to-~-3, they must meet the r eq~mrements. POssibly an amendment is in order. It is still the prerogative of ~h_s Councml to approve this request. ~s. Jackson referred to when she was on the Planning & Zoning Board and it was mentioned at that time that Golden Sands had more units per acre and was a heavy density. DeLong informed her that they do not comply with R-3 because they need 750 sq. feet of floor area. ~a~men~ng referred to this being '~ d~scusse~ previously with people Wanting to have residential in commercial zones. He thought the new zoning code set up' co~ercial areas and residentia~ areas and if this is - approv~, he thinks it would ~e defeating +~ - ~ne=r purposes. Mr. Harmening ~de a motion that the request be denied for the Golden Sands Motel to charge to a condominium. Mrs. Jackson seconded the motion. No discussion, Mrs. Padgett took a roll c'all vote as follows: C~uncilman Harmening - ~¥e Co~ucilwoman Jackson - Aye Counci!man Strnad - Aye Vice Me, or Zack - Aye ~,~jor DeLong - Aye Motion carried 5-0. ~r n merits e i and C-3 require- to be sure there is no _ntermmng~mng of resm~entmal units in commercial zones. M~s. Jackson seconded the motion. Under ~ · ~ m~cuss~on, Mayor DeLong u ' ~ s ggesvem am=~s~ this to state where R'3 is applied for, all requirements are to be fulfilled. Mm. Harmening reolied that they should request re-zoning then and Mayor DeL~ng stated they would create sp~t zoning. ?h^. Harmening stated that he did not say it would be approved. Mayor DeLong pointed out that he would be t~ing MIN%TTES REGD-LAR CI~' COb~C1-L~ME~_I~G~ ~ BOYR~ON BEACH, FLORIDA JAh~JARY 20~ ~ 976 a permissive use out of R-3 to a C-3 zone. I~. Harmening re- plied that he believed that he misunderstood. ~Vor DeLong continued that it says with the recommendation of the Planning and Zoning Board and approval of the City Council, R-3 is a pe_mmssaole use in C-3, but it should be extended stating provided all requirements of R-3 zoning are met. Mrs. Jackson referred to having attended quite a few of the County meetings when they were plsmning their map and there was quite a dis- cussion of pyramid zoning and this is where it would come in. They better look at the C-~, C-2, and C-3 zones very carefully. Motion carried 5-0. Mayor DeLong announced that they would t~e one more item on the agenda, which will be to consider the request of Mr. Joseph Cogm~. They will then go out of the regular order of business to have the City Manager present his bills and will then adjourn. M~. Eohl recuested that a motion be con- sidered for Mr. Cs~on before adjourning. .~onsider Motion fo~ Mr. A~athony Cano~ Mr. Kohl read a letter from ~. Milt Hallson preparing a motion for the City Council for ~. Anthony Canon. He sug- gested that * ..... v ~nej confer with the Cm~ Attorney to see if this motion is ac~p~ab_~ He then read vne motion. M~. Zack moved to accept the grant offer made by the Environ- mental Protection Agency under letter dated December 31, 1975 (Grant Offer $C120406010) for 75% of the project cost for the liquid phase of the South Central Regional Wastewa~er Treat- ment Plant and instruct the City Manager to execute the acceptance forms. This motion to accept is made predicated on the discussmons held in Atlanta, Ga., on Wednesday, January 14, 1976 between the Chief Executive Officer of the South Central Regional Wast~water Treatment & Disposal Board, EPA officials, and our Consulting Engineers. Motion seconded by Mr. Harmening. No discussion Motion carried 5-0. ' -22- MLNUTES - REGULAR CITY COUNCil_, MEETING BOYi%~ON BEACH, FLC~iDA JANUARY 20, 19?6 u ns~der Request for Annexation - Mr. Joseph CoEe~ M~. Kohl read the motion made by the Planning & Zoning Board in their ~inutes and their discussion regarding this request. Mayor DeLong clarified that the Planning & zoning Board was in favor of the annexation. M~yor DeLong continued that if the recommendation of the Planning & Zoning Board is going to be approved by the City Cauncil, it woUld require that an ordinance be predated of the annexation, in so far as the zoning, it should be as the Board recommended: R-1AA and limited C-3. They must be unable to have all C-3. ~. Charles Fronrath appeared before the Council ~ud informed them that M~. Cog~n only w~uted aooroximately 325 ft. in depth of C-3. The remainder wil!-~e R. 1AA. A limited amount of C-3 is agreeable. M~. Zack questioned where this commer- cial buffer would be .and Mr. Fronrath informed him that he was requesting 325 ft. to set back in the north area across from Lindsley LUmber° M~. Zack asked if there would be a buffer on the southern portion and Mr. Fronrath informed him that right now, they are ' ~' ~szd~n~l but the Plannir~ & Zoning Board disagreed ~ud started to recommend something -z~ C-I. M~or DeLong stated that the zoning would come wm~h the preliminary plat. M~s. Jackson moved to accept'the recormmendation of the Plan- ning & Zoning Board for the annexation of t_he Cogan Property ~ ' ~y A~orney to prepare the necessary and to ~ns~ruct the ~* ~ - - ordinanceh{or annexation including R-I~ and -mmz~ed ~-3 zoning~ w_zch will be determined by and ~= ~ ~ ~ . -~commen~em by the ~t~unmng & Zoning ~ ~ ooa_m. ~. Zack seconded the motion. No discussion. Motion carried 5-O. ~rme~ng moved to dispense ~.'~ ~z,n the regular order of business and the next order of business will be the Aoproval of Bills. M~s. J~c~on seconded the motion, Motion carried Approval of Bills ?&~. Kohl read the following bills for approval: 1. Jack Nicklaus Pontiac~ ~nc.' on ~aB/Chassms ~2ckup Pay from budgeted funds 030-9~2.5~ Bid opened 11/10/75 2. Adams Chevrolet Co. "~72 ton Lig~ty'Truck Pay from budgeted funds 030-921.5~ Bid opened 11/10/75 4,427.00 MIN~JTES REGULAR CITY COUNCIL ~EETING BOYNTON BEACH, FLORID~ JA~UJARY 20, 1976 Hardrives, Inc. Pay ~'~om encumbered ~ -- ~unds 001-522 Bid of 6/24/75 $3,350.00) $7,39t .80) 4. Allied Chlorine & Che~mic~] ~hlorine Pay from budgeted funds 030-822.63 5. Halsey & Griffith~ ~ings for~-~£fice of Anthony Canon Refundable from South Central Regional Wastewater Treatment & Disposal Board 6. Eozich & Kozich~ Inc. Est. #6 Maintenance Facility Pa~v from Federal Revenue Sharing Funds 7. West Construction Co. Est. #6 hew Office, Lab & Maintenance Shoo - ~astewater Treatmen~ Facilitie~ Pay from Atlantic National Bank ~975A Series Water & Sewer Bond issue Contract dated 7/t/75 10. 020-830 Russell & Axon 6858-21~!I-CPS inv. ~12 Preparation of construction plans ~ud specs for expansion of existing transmittion and distribution · a~ zrom Atlantic National Bank 1975A Series Authorization dated 1/20/75 RUssell & Axon 6858-7-CP Inv. #17 Preparation of plans and soecs and field investigation for new w~ll field location ~om Atlantic National Bank 1975A Series Authorization dated 2/4/73 Russell & Axon 6858-4A-Ii-CPS inv. #7 South Centr~Regional Lift Stations and Force Mains Ps~ from Utility General Fund Refundable from future bond issues 75%EP~ Reimbursable Authorization dated 11/71 ~ 6858-4-II~-CP Inv. #21 ting ~astewater Treatment Facilities Pay from .~tlantic National Bank ~974 Issue A ~ho~mz~mon dated 1~/20/73 -24- 10,741.80 2,048.05 1,515.73 4,585.00 ~4,089o50 2~360.00 1,716.62 27,4ti.03 2,314.66 MIR-~TEs - REGULAR CiTY BOYNTON BEACH, FLORIDA COUNC ~ ~= ~ IN= 20, ~ 976 ~2. Cynthia Lewis ~~ ~ ~ 86.40 2 weeks ~ ~o~ Senior Citizens Ulub - Pay from Federal Revenue Sharing Fund 020-880 Ordinance #73-15 passed 5/~5/73 ~3. isi~h Andrews 8~o00 ~nior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fund 020-880 Ord~uance #73-15 passed 5/~5/73 ~4. Palm Beach J~ior Colle~ ~5.00 Registration Fee for Career Development Refresher Course PeG~ from Police Education Fund 00~-507 Ord_nance ~74-~8, Section 2-~0, ~(b) ~5. Rubin Construction Co. ~503.68 Cold Mix Pay from budgeted funds 001-854.35 ~. Kohl noted the bills described have been approved emd verified by the deoartment heads involved; checked ~ud ap- proved for payment~by the Finance ..... ~ funds are avail- able in their respective budgets. ~. Kohl recommends pay- ment of these bills. ~. Harmening moved to pay the bills, seconded by M~s. Jackson. Under discussion, ~yor DeLong stated he would like to d' two items. First, he ~ ~ mscuss re~rrem to Kozich & Kozich and asPed how much the balance was and Ma~. Koh_ informed him it was ?roximately $4,585.00. M~. Kohl added that Kozich & Kozich~ nays requested all their money, but he has requested a re- lease of liens first. M~%yor DeLong st~e~_ that he didn't want people to come in with liens which exceed the money they owe this comoany. He requested that ~a~ ~ ymen~ be held up · the list of ~he release of ~' ~ _le_s is received. Mayer DeLo~ then stated that he has been sitting here for three years and has been ~ry_ng to arrive at some record in reference ~o the consulting engineers. There is never a statement from the U~lm.~es Director s~at!ng ne has reviewed a~ aooroved these bills Why do they have a D_~ector of Utilities mf he does not define what these include and he should give a statement of approval at the meeting ~ - ~ when the bills are approved. M~ Harmening agreed this was a good idea, but ~ ' ~omn~ed ou~ that a brief explanation was given with each item. M~vor DeLong state8 that he does go out in the field to see what is going on, but still ~ ' ~ ~ ~ ' tn~m~ ~s good ou~m~_ess practice to have affirmation from the Director of Utilities that these bills have been reviewed by him and are due for o~ ~aymen~. ~. Kohl informed him ~ - ~na~ he has every -25- MI~VJTES - P_EGb~AR C~T~ COUNCiW~ M~ETiNG BOYNTON BEACH, FLORIDA J.~N~ARY 20, ~ 976 single bill submitted in his folder for each company ~d each bill is signed by every department head where it is applicable. M~vor DeLong asked why it wasn't noted? He has asked for this on several occasions. They have a high salaried Director of Public Utilities~ whomhe believes has the time to verify these bills. P~. Kohl replied that he does do this. ~yor DeLong asked why this wasn't stated and M~. Kohl replied that this is meant with the statement that the bills described have been approved and verified by the department heads involved. He stated again that he did have their signatures on every bill in the back of his book. Mayor DeLong said: okay, as long as he has the record. Motion ca~ried 5-0. ADJOURNMENT M~. Harmening moved to adjourn to 5:00 P. M. on Thursday~ s'econded by Mrs. Jackson. ~ ~ ~o~on carried 5-0 and the meet- ing was properly adjourne~ at 10:20 P. M. ATTEST: CITY OF BOYNTON BEACH, FLORIDA  j! ~ ~ayor ~/~ y- ~ ViSe Mayor C ou~me mber .... C~ci! member R~spect= u~ll~ submitted ~ Suzanne Xruse, Recording Secretary (Four Tapes) -~6-