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Minutes 08-20-74MINUTES OF REGULB/~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL~ TUESDAY, AUGUST 20, 1974. PRESENT Joe DeLong, Mayor David Roberts, Vice Mayor Edward F. Harmening, Couneilm~n Forrest L. Wallace~ Councilman Norman F. Strnad, Councilman Frank Kohl, City Manager Ernest Simon, City Attorney Tereesa Padgett, City £1emk Mayoz DeLong called the meeting to order at 7:30 P.M. and asked the audience to rise for the invocation given by Mr. Prank Kohl, City Manager, followed hy the Pledge of Allegiance led by Mr. Jack Bamrett, Building 0ffiaial. Mayor DeLong advised-that there were some sample ballots at the back o£ the room if anyone wished to have one for the coming election. Mayo~ DeLong then asked those who wished to speak on items on the agenda to give their names to the City Clerk so they ~ould be called at the appropriate time. After the question is put to Council for diseussion or vote~ discussion will be limited to the Council. Mayor DeLong then asked ro have made a matter of public record a letter he had written and sent to Vice M~yor Roberts, all Council members~ Mm. Kohl and the Personnel Director, Mr. Sullivan, dated August 13, 1974. In his letter~ Mayor DeLong referred to the recent death of a po!lee officer in De!ray Beach and advised that he had asked Boynton's Chief ~uddleston to assume that no member of the Boynton Beach Police Department should be sent into suspected troublesome areas alone and when it is.necessary to po into these areas, a back-up must be available. Otherwise the safety of a single member of the Department must not be jeopardized. The Mayor advised that Chief Huddleston related that he was following this policy. Mayor DeLong asked that an inclusion be made under Ordinances 2nd Reading -- "Annexation of Meadows~. Dedication of the new Boynton Beach Public Library will be on August 24, 1974 ar 11:00 A.M. Mayor DeLong asked that Mr. Kohl send a formal invitation to Mrs. Emily Jackson, the former Mayor of Boynton Beach because she was in office when this building was started. Mayor DeLong announeed that there would be s Public Hearing for Budget at the Regula~ City Council Meetings of September 3md and 17th, 1974. - 1 - MINUTES - REGULB/~ CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA AUGUST 20, 1974 Mayor DeLong then announced that there would be a Public Hearing of the Florida Department of Pollution Control at 1:30 P.M., August 28, 1974 - 901 Evernia Street, West Palm Beach, Florida~ re: To provide coordinated~waste treatment management. It was stated that Mr. Paul Startzman had been delegated at a previous meeting to be the spokesman for the City at that meeting. Members of Council were also invited to attend. The Mayor advised that City Hall would be closed Labor Day, Monday, September 2, 1974. Mr. Cleary was then invited up from the audience to speak about the display of new buses which he had reviewed last week. Mr. C!eary said one of the buses had a Boynton Beach sign on it. He said these buses ~re supposed to be in use on U.S. 1 To ex,md the line from Lant~na to Boca Raton by October 1st. The east-west buses are expected to be in use by january lst~ but Mr. C!eary was not optimistic. It was noted that Mr. Cleary.was having a picture developed of the bus mamked for Boynton Beach. Regarding the police incident referred to earlier in Delray Beach, Mr. Kohl advised that the Chief of Police and he have had two meetings, and along with two of the officers~ they arrived at a plan to follow in the high crime areas of the City. There would be two patrolmen in each car in those areas and back-up men have before mad will come to every situation where it is justified that two men mre necessary. Any hours of overtime were felt to be worth the effort. Mr. Kohl then advised that about a month ago the Law Enforcement Association approved that the City hire six men. Funds are in the budget and the men are already in training. This is additional manpower for the Police Force. MINUTES Regular Meeting - August 6, 1974 Mr. Roberts corrected the name of Mr. Van Deusen to be "Floyd Van Deu~en'T instead of T'Jesse Van Deusen" on page 3, line 1. Mr. Wallace referred to page 15, lines 7 and 8 of the first paragraph and it was clarified that the budget hearings were not delayed because of his accident. The budget hearings were set with the belief that Mr. Wallace would be back in time. Mr. Harmening referring to page 25, 3rd paragraph from the bottom, line 4 -- "General Authority Fund" should be corrected to re~d "Utility General Fund~T. Mr. Wallace moved to adopt the Minutes of the Regular Meeting of ~ugust 6, 1974 as corrected, seconded by Mr. Roberts. No discussion. Motion carried 5-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1974 PUBLIC AUDIENCE None. No one wished to speak. BIDS 120,000 Sq. Ft. of St. Augustine Sod for Boynton Be~ch Memorial Cemetery - TABLED Mr. Wallace moved to take this item from the table, seconded by Mr. Harmening. No discussion. Motion carried Mr. Kohl referred to the tabulation sheet, affidavit and proposal form signed by Mr. Jo E. Ousley, Vice President of Ousley Sod Company before Council. The Tabulation Committee recommends acceptance of bid from Ousley Sod Company in the amount of .085 per sq. ft. which totals ~10~200.00, delivered and lsid for the Bitter Blue variety. Monies are available in the Cemetery Funds and Mr. Kohl coneurred with the recommendation of the Tabulation Com- mittee. Mr. Harmening moved to accept the City Manager's reeommenda~ion~ seconded by Mr. Strand. Under discussion, Mr. Harmening referred to the other bid on the tabulation~sheet from Grassland Sod Co. with the notation "Necessary Grading of Site - Cost $500.00" and it was clarified that this was not asked for in the bid. Mr. Kohl advised that the City was handling this itself. Motion carried 5-0. PUBLIC HEARING - 8:00 A.M. None. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 74-17 - Re: Other Construction in City Rights of Way - TABLED This item was left on the table. P~6posed Ordinance No. 74-20 - Re: Mamina Conditional Use of Gulf Stream Mm. Simon mead the above Ordinance by caption only on second reading. Mayor DeLon? asked if anyone in the audience wished to speak in favor of or against this ordinance.' No reply. Mr. Harmening moved for the adoption of Ordinanee 74-20 on second reading, seconded by Mr. Roberts. No discussion. Mrs. Padgett called the roll as follows: ~an ei!man Harmening Aye Vice Mayor Roberts Aye MINHTES - REGULkR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1974 Councilman Strnad - A~e Councilman Wallaee - Aye Mayor DeLong - Aye Motion carried 5-0. Proposed Ordinance No. 74-21 - Re: Charter Amending Sec. 24 & 25 of the Mr. Simon read the above Ordinance on second reading by caption only. Mayor DeL~ng asked if anyone in the audienee wished to speak infavor of or against this ordinance. No reply. Mr. Harmening moved for the adoption of Ordinance No. 74-21 on second and final reading. Mr. S~rnad seconded. No discussion. Mrs. Padgett calN~the roll as follows: Councilman Harmening - Aye Vice Mayor Roberts - Aye Councilman Strnad - Aye Councilman Wallace - Aye Mayor DeLong - Aye Motion carried 5-0. Proposed Ordinance No. 74-22 - Re: Amending Sec. 84 of the Charter Mr. Simon read the ~bove Ordinance on second reading by caption only. Mayor DeLong asked if anyone in the audience wished to speak in favor of or against this ordinance. No reply. Mr. Harmening moved for the adoption of Ordinance No. 74-22 on second and final reading. Mr. Roberts seconded. No discussion. Mrs. Padgett calle~h~he roll as follows: Councilman Harmening - Aye Vice Mayor Roberts - Aye Councilman Strnad - Aye Councilman Wallace - Aye Mayor DeLong - Aye Motion carried 5.0. Proposed Ordinance No. 74-23 - Re: Amending Sec. 142 of the Charter - Voter Registration Mr. Simon read the above Ordinance onsecond reading bycaption only. Mayor DeLong asked if anyone in the audience wished to speak in favor of or against this ordinance. No reply. Mr. Harmening moved for the adoptionof Ordinance No. 74-25 on secOnd and final reading. Mr. Strnad seconded. No discussion. Mrs. Padgett called the roll as fOllows: Councilman Hammening - Aye Vice Mayor Roberts - Aye - 4 - MINUTES - REGULAR CITY COUNCIL MEETING AUGUST 20, 1974 BOYNTON BEACH ~ FLOP-IDA Councilman Strnad Aye Councilman Wallace ~ Aye Mayor DeLong Aye Motion eamried 5-0. Proposed Ordinance No. 74-24 - Re: Amending See. 64 of the Charter Mr. Simon read the above 0mdinmnce on second reading by caption only. Mayor DeLong asked if anyone in the audience wished to speak in favor of or against this Ordinance. No reply. Mr. Harmening moved for the adoption of 0rdinmace'No. 74-24 on second and final reading, seconded by Mr. Roberts. No discussion. Mrs. Padgett called the ~olt as follows: Councilman Harmening Aye Vice Mayor Roberts Aye Councilman Strnad Aye ~a.uncilman Wa!!aee Aye Mayor DeLong Aye Motion ca~ried'5-0o Ordinances - 1st Reading Proposed Ordinance No. 74-30 - Re: Amending Ordinmnce No. 75-5, Increasing Garbage Rates Mr. Simon read the above Ordinance in its entirety. After some discussion clarifying that this was the correct number for the Ordinance, Mr. Roberts moved for the adoption of 0rdinmaee No. 74-50 be adopted on first reading. Mr. Strnad seconded. Under discussion, Mr° Wallace referred to previous statements he had made regarding garbage and trash. He felt there was an inequity in commercial rates wb/chmay have already been taken care of. He noted that for the past ten years or so, Lueille g Otley's Restaurant is closed approximately 4 or 5 months per year during which they pay a service charge of $4-5.00 per month depending on the size of the dumpster on their property. Mr. Wallace said it was called to his attention by another businessman in the City who said he had petitioned the City during the month to month-and-a-half that he was closed for vacation and he was charged a full rate. Mr. Wallace £elt these inequities should be alleviated so that what is done for one should be done for all. Mr. Wallace felt that the record could be checked as far as the policy for Lucille & Otley's was concerned. Mr. Kohl said that the situation with Luci!le $ Otley's would be corrected so that everyone is charged the same. It was clarified that in checking, this was the only variation Mr. Kohl had found. After some further discussion, Mrs. Padgett called the roll as follows: Councilman Harmening Aye Vice Mayor Roberts -- Aye MINUTES - R~G~kLAR CITY COUNCIL MEETING AUGUST 20, 1974 BOYNTON BEACH~ FLORIDA Councilman Strnad - Aye Councilman Wallace - No Mayor DeLong - Aye Motion carried 4-1; Mm. Wallace opposed. Proposed Ordinance No. 74-31 - Re: The Meadows - Annexation Mr. Simon read the ~bove Ordinance in its entirety. Mr. Harmening moved for the adoption of Ordinance No. 74-31 on first reading. Mm. Wallace seconded. No diseussion. Mrs. Padgett eonducted a roll call vote as £ol!ows: Councilman Hammening Aye Vice Mayor Roberts Aye Councilman Strnad Aye Councilman Wallace Aye Mayor DeLong Aye Motion carried 5-0. Resolutions Proposed Resolution No. 74-EE - Re: Boynton Inlet Docks Mr. Simon read the above Resolution in its entirety. Mr. Wallace moved for the adoption of Resolution No. 74-EE, seconded by Mr. Hammening. No discussion. Mrs. Padgett conducted a roll call vote as follows: Councilman Harmening - Aye Vice Mayor Roberts Aye Councilman Strnad~ Aye CouncitmanWal!ace Aye Mayor DeLong Aye Motion eamried 5-0. Other None. OLD BUSINESS None. NEW BUSINESS None. - 6 - MINUTES - REGULA~ CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGLIST 20, 1974 ADMINISTRATIVE Consider Final Approval for Pa/nfLand (Charter World - Sections 1~17 and 18) M~. Simon advised that in any action taken tonight, the motion should _include both preliminary and final approval. There was some discussion as to the Council's intention to do this at the last meeting subject to clarification of the road syste~ (Mayor DeLong asked to have it, made a matter of record that the motions on the floor prio~ to the adoption of each Ordinance adopted relative to Sec, ~1-~17 and 18, Charter World, Should be recorded as p~ivi!eged mo~-ions; i.e. a privileged motion was adopted approving the preliminary and final plats, etc. ) Mr. Haz~nening moved to adopt the preliminary and final approval of plat for p~and (Cha~ter ~orld - Sections 1~17 and 18). Mr. Wallace seconded. Mm. Simon said there were two Ordinances to be read because there were two plats. He then read Ordinance No. 74-52 re: Sec. ~! in its entirety. Mr. Simon ssid the correct procedure would be to include in the motion approval for preliminary plat along with the final which is evidenced hy this Ordinance. After some discussion regarding holding of the original motion in abeyance ~ I~. Harmening moved to approve the prelin~nary and final plat (seconded by Mr. Wallace). Under discussion, Mr. Harmening wished to note that this motion was phrased and couched in this manner and terminology in,order to clarify previous aet~ OhS of this Council which may not h~ve been expressed clearly at that time. it was then specified that this discussion be spread upon the minutes in line with the motion made. Motion carried 5-0. Mr. Ha~mening then moved to adopt Ordinance No. reading. Mr. Roberts seconded. No discussion. conducted a roll Gall vote as follows: 74~52 on first Mrs. Padgett Councilman Harmenin§= Aye Vice Mayor Roberts Aye Councilman Strnad Aye Couneilman Wallace Aye Mayor DeLong Aye Motion carried 5-0. Mr. Simon explained that the next ordinance is in regard to Charter World - First Addition which contains Sections 17 and 18 -- Ordinance No. 74-35. Mr. Ha~mening moved to approve the preliminary and final plat of Palmland Charter World Sections lY and 18. Mr. Wallace seconded. No discussion. Motion carried 5-0. M~. Simon then read Ordinance No. 74-35 re the above. Mr. Harmening moved for the adoption of Ordinance No. 74-33 on first reading. Mr. 7 MINGTES - REGULk~ ~ITY COUNCIL MEETING BOYNTON BEACH, FLOF~TDA AUGUST 20, 1974 Roberts seconded. No discussion. Mrs. Padgett conducted a roll call vote as follows: Councilman Harmening Aye Vice Hayom Roberts Aye Couneilmsn StlTaad Aye Councilman Wallace Aye Mayor DeLong Aye Motion carried 5-0. Conside~ Recommendation of Bu/lding Depamtment - Re: Library Mr. Kohl referred to Mm. BamrettTs recommendation before Council in regar~xto the above and with which Mr. Kohl concurred. Mm. Barrett had noted that his department made the £inal inspection of the pgb//c library and found that the codes and specifications have been.met, except that the central light ~ill has not been installed. The Architect info~med Mm. Barrett that this item was shipped on August 13, 1974. Mm. Barmett's department is ready to issue a C.C. when this item is completed and Council accepts the building. Mr. Roberts moved to accept the huilding subject to the insts]lation of the central light g~il! per Mr. ~arrett's recommendation and the City Manager's concurrence with same. Mm. Harmening seconded. No discussion. Motion earriod 5-0. Application for Beverage License M~. Kohl referred to the material before Council with regard to a beer and winselieense at "Big Joe's~ 500 S.E. !5th Avenue~ Boynton Beach, adding that everything was in order according to Mr. Bemrett of the Building Department. Mr. Kohl eoncurTed that this be approved. Mm. Wallace moved to adhere to the City Manager's recommendation above, seconded by Mm. Strnad. No discussion. Motion carried 5-0. Applications for Certificate of Public Convenience and Necessity - !. Moses Ward 2. Milton Krivit 5. Sandua g Bernard Werther MB. Kohl referred to the material before Council on this matter~ inciuding three applications for the above. Moses Wa~d is applying for a Jitney Service in the no~th area of the City. The applicant has been investigated by our Police Department as per the memo before Council. He plans to run two Jitney ears and there is no Jitney service in any part of the City. Mr. Milton Krivit plans to run one limousine taxi service in the Village Royale on the Green Condominium. Mr. Krivit also lives at Village Royale on the Green. Me has been checked ~yt-~he City's Police Department and the memo before Council shows everything to be in order. - 8 - MINUTES - REGULAR CITY OOUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 19Y4 Sandra and Bernard Weather plan to run up to eight taxi vehicles in the entire Cityo6f Bo~nton Beach. They are already in the taxi business in the Delray and Pt. Lauderda!e a~eas. They have been ehe~cked by the Police Department and everything is in order as per the memo before Council. Mr. Kohl advised that at the present time the City has two taxi cab services, one with 7 vehicles and one with 3 vehicles. According to the Charter, if the City Council finds that further taxi cab serviee in the Cityis required by the public, eonvenienee and necessity, then the Council can approve same. if these sme approved, Mr. Kohl advised that the City,requires liability insu~anee~ license fee~ taxi cab drivers lieense, etc. Mr. Wallaee moved to follow the City Manager's re eommendation subject and accept the applications for Certificate of Public C6nvenience, provided that the applicants meet all City ~equirements. Mr. Haz~nening seconded, lieder discussion, Mr. Robez~cs asked if the Jitney service is open to the public, lwlv. Kohl said yes. It was e!a~ified that there was no panties!ar route on that. Mr. Roberts then asked if Mr. Krivit would be driving a bus for Village Royale and if he has a chauffeur's license. The a~swer was yes. Appointment of Two Alternate Members to the Board o£ Adjustment - TABLED Mr. Hammening moved to take this item off the table, seconded by Mr. Roberts. No diseussion. Motion carried 5-0. Mr. Harmening distributed to Council a resume £or Mr. Derle Bailey and nominated Mr. Bailey as an Alternate Member of the Board of Adjustment. No~her no~gnations were made. Mr. Wallace moved to close the nominations. Mr. Hammening seconded. No discussion. Motion carried 5-0. Mayor DeLong requested that the record show one ~ was east for the unanimous appointment of Derle Bailey as an alternate member to the Board of Adjustment. This matter was held in abeyance until the next meeting since t~ere was still another vaeaney. Approval of Bills Mm. Kohl read the following bills £or approval: !. Southern Line Cleaning, !nc. Cleaning Raw Watem Mains Charge to 6120-282 $ 3~550.00 AGRI- CR~MI CALS 1,042.00 Fe~tilizem Charge to 4200-350 3. Mutual Benefit Life Ins. 3,884.55 Disability Insurance Charge to 5600-488 - 9 - MIAUdTES -REGGLkR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA A~/G~ST 20, 1974 4. Perris P~inting Co., inc. Water ~ Sewer Revenue Bonds Pay £rom 2,050,000 Bond Issue $ i,210.40 5. Russell & Axon inv. ~2 .Job 6858~12-II Sewer Tmeatment Plant Improvements Charge to 6500-298 1,960.00 6. Russell & AXon Inv. ~6 - Job 6858-I-III&CP 965.63 Pay from Utility General Fund Chso?ge to Drexel Properties 7. Russell g Axon Inv. ~4 Job 6858-4-III&CP 5,506.18 UpgTading Wastewater Treatment Pay from 2,050,000 Bond Issue Russell & Axon Inv. 317, Job 6858-Sm-II!gCP Pay £rom Utility General Bond Issue 2,214.90 Russell g Axon Inv. ~27 Job 6858-15A-CP 1-95 Utilities Relocation Pay from Utility General - Re-imbursable from DOT 1,803.25 10. Gulfstream Construction Co. Est. ~5 15,985.45 1-95 Utilities Relocation Pay from Utility General - Re-imbursable from DOT Southeastern Municipal Supply Co. Utility Repair P~lant 1,426.60 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finanee Director; funds are available in their respective budgets. Mr. Kohl recommended payment of these bills. Mayor DeLong questioned Items 4 and 7 above regarding the $2,050,000 Bond Issue and asked tl~t they would be paid from Otility General with the money to come from the Bond Issue later. Mr. Kohl ss/d this was the ease. Item 8 above is separate. Mr. Roberts asked about the 1-95 Otilities Relocation and it was clarified that different'sections were re£erred to at the various meetings and Mr. Kohl is keeping track of what is to be re- imbursed. Mr. H~rmening moved to aeeept the City ManagerTs recommendation to pay the bills with directions as have been made. Mr. St~nad seconded. No discussion. Motion carried 5-0. OTHER Mayor DeLong announced that there would be a public hearing relative to the bus routes on August 27th. The time was not known, but it is to be held in the County Comm/ssioner's chambers. Mr. Kohl will get the correct time. - l0 - MINUTES - REGGLAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA AUGUST 20~ 1974 ADJOUR~T Mm. Stmnad moved to adjourn, seconded by Mm. Wallace. Meeting ad~oumned at 8:54 P.M. with the motion eamrying 5-0. CITY OF BOYNTON BEACH~ FLORIDA ATTEST: Vice Mayor / 11 -