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Minutes 06-18-74~INUTES OF REGULAR CITY COUNCIL ~ETING OF THE CI~ OF BOYNTON BEACH, FLORIDA, EELD AT CITY PL~LL, TUESDAY, JUNE 18, 1974. PRESENT Joe.DeLc~g, Nayo.r David Roberts, Vice N~yor Edward F. Harmening, Cou~cilma~ Fcrrest L. Wallace, Councilman Norman F, Strnad, Councilm~n Frank Kohl, City Nanager Ernest Simon, City Attorney Tereesa Pa~gett, City Clerk Ma~or DeLo~g c~lled th~ meeting tc order at 7:30 P.N, The am4icmcerese f~r the invocation given by Ci~y ~amager, Frank Kch!, {eltcwed by the Pledge sf Allegiance led by Councilman Forres~ L~Wall~ce. Nayor DeLcm~ asked all those wishing to speak about items on th~ agenda to give their n~mes to the City Clerk, who would call ~hem at the appro?rlate t~me. A ter the questions have been put to ~ou~¢il, d~seussion would be limited to the governinE body. At th? re,most of Vice M~yor Roberts, Nayor DeLong asked the Counc~lmembe~s te make an insertio~ on the agenda underI,EGAL "Other - 2. Voting Registration". F~r. Kohl read a letter a~dressed te t~ayor DeLong fr~mJoseph N. Carroll, Superintendent ef the Palm Beach County School Beard, dated June 4, 1974. The letter commended the actions of Council on behalf of the City ef Boynton Beach for participa- tion in the cem~r~nity school program during the year 1973-74, specifically i~ funding the Rolling Green Elementary Community School. Re the Proclamation, as Mr. 0strom was not yet present,. ~. Wallace moved to hold this item in a~eysnce until ~r. Ostrom's arrival. ~. Roberts seconded. No discussion. ~ction carried 5-0. NI~JTES Regular Meetin~ - June 4, 1~74 ~ir. Harmen~g moved to accept the Minutes of of J~ue 4, 197~ as submitted, seconded by F~. discussion. Notion carried 5-0. the Regular ~eetzno Wallace. Nc PUBLIC AUDIENCE Mayer DeLong asked if anyone in the audience wished to address CouReil en mny matter other than an agenda m~em. No reply. -1 ~iIR~JTES - REGULAR CiTY COUNCIL ~W~TING BOYNTON BEACH, FLA. JU~ 18, 1974 BIDS Sale..of U~pd E~uipment F~. Kohl recommended disposing of certain items of equipment as itemized before Ce~ue[t to the highest bidders as indicated en the Bid Tabulation Sheet. He noted that this is the second time these items have been offered for sale. He therefore requested permission te dispose of the balance of same as he sees fit. The ~ems recezv~ng bids were: TimmSi~s - $15.0G for a ban~ saw, $1~.80 fo~ a 15 Hp. ~etor and $20.~0 for scrap iron (the ether?i~reCeived o~the scra~ iron was from~A~r~.l Neeker - ~A~.yl ~ee~er -.$~,$e fo~ ser~p me~al (~e oth~r b~d was from Timm ~gns - $1~00)~ T~.m~ S~gns ha~ high b~d of $1,800.80 for the drag lin? (ether bids were from Aryl Necker - $520.5~ ~ud Bob Beane -.~750,0~ TimmSigns also had high bid ~or a diaphragm pump , ~50.08 (BebBeame.~a~ the other big at B~b Beane had the only bmd in for the A4dressograph - $65.©0. ~. ~aliaee.moved to accept the recommendations of the City N~nager as in'imm%ed above, seconded by Nr. Ha~mening. Ne discussion, NotiOn carrie~ 5-0. Ol.eanln~ ox Raw Water ~.aLu on l~h Avenue N~. Kohl referred to the Tabulation Shee~ before Council, awarding the above bid te~Se~thernLine Cleanin~.of CastleBerry, Fla, in the amo~t of $3~85~.00; job to be completed i~ thirty days. Also before Council was a letter from Russell & Axon, da~ed June 13, 1974 with their recommer~ation and copy of the fully executed affidavit signed by t%~. George A. Brown, President of Southern ~ne Ctean~ng, _ne. Te proceed w~th th~s ~ob, a transfer of funds was alsere~uested from account #6100/il0 te 6120/282 to pay for the pre~eet upon completion. ~&r. Wallace mev~ to accept the recommendation of the City Nanager as stated above, awardir~g the bid te Southern Line Cleaning, Inc. along with the transfer of funds. ~. Harmening seconded. It was noted that the ether bid received was from Nunicipal and industrial Services of Narietta, Georgia in the amount of $6,496.00. Notion c~ried 5-0. L~GAL, 0~dinan_c. es - 2nd Readin~ PUBLIC Ordinances - 1st Readi~ Proposed Ordinance No. 74-15 - Re: Deciarmtion ef Intent for A.npextion (Lake View H~ven) ..... NI}~TES - REGULAR CITY COUNCIL NEETING JUNE 18, 1974 BOYNTON BEACH, FLA. Nr. Simon read 0r~inanee No. 74-15 above on firs~reading in its entire~. ~r. Harmening moved to adopt 0rdin~uce No. 74-1~ en first roading~ seconded by Nr, ~allaee~ Ne ~isomssion. ~irs. Pa~gett conducted a roll call vote as fellows: Counc ilm~u Harmening Vice Nayer Roberts C etu~cilman Strmad Councilman Wallace ~!ayor DeLo~g ~ye Aye Aye Aye Aye ~eti~n carried 5-0. Resolutions. Prooosed Resol~zen No. 74-Z - Re: Authorizing Transfer of F~3a~s Held by the ~iorgan Guar~_u%-y Trust Co., New York City, 1961 --Series A & B. Water and..~Sewer Bonds for ~dr. Simon read Resolution Ne. 74-Z above in its entirety. Wallace moved for the adoption of R~esolution No. 74-Z, seconded by ~r. Roberts. Ne d~euss~on. ~s. Padgett conducted a roll call Vote as follows~ Councilman Harmening - Aye Vice ~ayor RobertS - Aye Couneilman Strnad - Aye Councilman Wallace - Aye ~?~.ay or DeLong - Aye Notion em_vried 5-0. Other Consider Amending 0rdinar~ee - Re: (Nayor DeLe~. ) Recall e£ Co,moil Eembers Following preliminary comment by Nayor DeLong, ~. Wallace move~ to inquire of Attorney General Shevi~, feasibility for right ef the City to amend by 0rdin~uce, recall provisions that are i~ the Gity ~harter, seconded by Nr~ Roberts. Under discussion, Nr~ Harmening suggested that the State Legislature in its last session passe~ a new recall statute which weald tend to pre-emot the C~er provisions, however, ~Lr. Roberts noted that it been passed by the State Legislat~e according to a lengthy newspaper report, tt was stated that this information would be clarified~by the Attorney Gemeral. Ne further discussion. Notion carried 5-0. The City Ns2aager was instruete~ to a~vise the Attorney General ef the request. Vo~i~g Registration (ViCe ~ayer Roberts) ~r, Roberts Said last fall a letter came down from the Supervisor of Elections, sta~i~g there is a FlOrida Statute 97,041 soecifying 60 d~s of ~esi~ency as ' · : a. requzrement for voter regzsT~ratz.en. He recalled przor te that, ezther the Supreme Court or U.S. Dzstrict NINUTES - .REGULAR CITY COUNCIL METING BOY~0N BEACH, ~A. jUNE 18, 1974 Court of Appeals said that 30 days was sufficient~ therefore, this particular State !aw was u~oonstitutional as stated by the Supervisor ef Elections, making Flerida without amy d~ra- tional residency requirement for voting. Anyone could vote no matter how short a time they were Lu the State. ~r, Roberts noted that the County closes their books 30 days before a~ election whieh protects the City from short term residents registering te vote. He added that Bcynten's Charter under Section i42 indicates that the Gity cteses the becks five days before the City election, compared to 30 days provided by the County. He recu~sted that the City draw a new 0rdi~auce to comply.with the 30 days as compared te five in the City. He also wzshed to have the 0r~Sm~uee include that people are bem~ fide residemts for 30 days before a~tempt~ te register. Regarding single veter registration, ~r. Roberts asked how the City issues car~s for these who come in at the present time. Y, rs. Padgett said as ef this week, a temporary receipt of reEistration is issued, allowing individuals to vote Lu amy election before they get the regular card, During discussion about the motion te be made, Nr. Roberts felt this could be handled under the Home Rule Act as ar~ erdinauce so it does net conflict. ~ayor DeLong felt this should be turned over to the City Attorney so there would be no confliction and to make certain that the action would not be superseded by another act. After some discussion with Y~r. Simon, ~r~ Roberts moved to turn the question of voting registration over te the City Attorney for study and a report back te Co~ucil, with the appropriate Ordir~aqee drafted if so necessary. ~r. Harmening seconded. No discussion. Notion carried 5-0. 0D~ B~SIR~SS ~W BUSI~SS ~one~ ~_~INIS TP~AT iVE ~.~nsz~ez Re~ues. t ef Little League ~. Kohl read a tenet addressed to ~aycr DeLong from C~r!es Chris+~can, President of Boynton Beach Little League, dated June l~, 197~, requesting a second field. Nr~ Kohl ~oted it was his ~uderstamding that in order to construct the two Little L,ague fields requested, it would cost the In checking the Oity's finaueial si~ation, he learned that there is approximately$113,0O0.O0 available should Council d~cide t~ proceed with ~hese projects. -4- NI~'~TES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLA. 18, 1974 ~r, DeLo~g asked if the City earmarked the $20,000 that was available in the ~ilson School sad budgeted for s~me work amd ~r. Kohl said it was still there. After some discussion clarifying that the additional $12,000.00 within the City,s funds would be avail~ole te cover the complete cost of the Little League fields, F~. Wallace moved to accept the request of the City Ea~ager with reference to the communica- tion from the President of Boynten Beach Little League and to ~ke ~vailable $125,000.00 te construct ~he two fields. Harmenin~ seconded, Under discussion, ~r. Roberts nmted a statemen~ in ~r. Christman's letter wherei~ Council had previ'eusly approved f~uding of appreximatelY$38~GG0 towards ~he Little bond issues due to the efforts ef ~he present ~ud prior Council. ~otion carried 5-0. (Applause) AoprovalRe~uested for Ap~.c~tmeDt of Auto .ShepS~pervisor ~. Kohl recommended appointimg_~r. Ken Edwards to Auto Shop Supervisor, ~otL~g that he wa~ the ~nly employee te apply for the position. Nr. Edwards has been empioyed ~s Necha~ic ii since November, 1972 a~d has worked in the garage on all the City's service equipment, inasmuch as Nr. Edwards was the only applicant for this position, Nr. Kohl requeste~ tha~ the Civil Service exa~ination be waived for this em~leyee, as per Civil Service Rules and Regulations, Rule VIII, Section 1. Referring to the material before Council, Nr. Kohl added that E~wards is more than ~ualified for the position as posted. His Department Head, ~. Feltz, also feels Mr. Edwards' job performance has been outstanding in main~aLning all equipment. The position of Auto Shop Supervisor as established can be found i~ the 1973-74 budget. However, due to the reorganization last f~ll, the position has remaine~ vacant. ~un~ ~a~e. availabl? in the existing Salary sad ~tage~ account i~ the z973-?~ b~dget mn account ~2300/110.01 and the p~9~o~ona~ part ~or the remainder o£ this fiscal year will be ~IEU.~O. ~. Koh± requested approval of this recommendation. Nayor DeLong said he was very much impressed by the certificates submitted by~r. Edwards. He said in some classifications under CivilService,' some require ~reater relative we~s~.~~- performance a~d this is one of those cases where the written part is not as importaut as the performance. Therefore, he felt ~r. Edwards would be Gualified for the position. Nr. Harmeni~g mc~ed to grant the request of the City Nanager for the appointment of ~r. Ken Edwards to Auto Shop Supervisor, seconded by ~o Wallace. No discussion. ~otien carried 5-0. ~.{I~J~S ~ REGULA~ Ci~ COUECIL }~ETiNG JUN~ 18, 1975 BOYNTON BE~_CH, ~. _Pu~blzcatzon_ oz Approval for ReE~nue Sharing ~. Kohl read aloud his memo to the Mayor and Council on the above sub~ect~ ~ated June l?, 1974, wherein he requeste~ Co~_ucil's approval to publicize in the ~e~paper the City'S application for revenue sharing as fellows: General Services Building Complex Aged and needy Li~tie League Ball Field - $290,000. - 26,565. These are Federal Revenue Sharing fmnds that will be available beginning October, 1975 a~ payments will ~e ma~e te ?he Ci%~y of Boynton Beach, Florida. ~. ~atiaee moved that the request ef the City Manager as stated ~bcv? be granted, seeor~ed ~v Mr, Roberts. No discussion, ~etien ca_~r~e~ Ger~i~er Ap~oin~meRt ef Alternate fe~ Board ef Adjustment ~. Kohl noted ~hat this request was given to Council on June 17, 1974, a~dmno that ~n addition~l alternate was needed on the Board ef Adjustme~t, ~. Roberts moved to appoint ]~t~. David Healy, 2189 S.W. Congress B,ulevard, Beynt~n Beach (phone: 737-2699) as alternate en the Beard ef Adjustment. He felt ~£~. Healy was qualified and quite Rmewla~geable~ He als~ recommended that Nr. Healybe given full ~tructiens as to this appointment. Mr. Wallace seconded. No ~iscussiom. Notion carrie~ 5-0. Mr. Healy will be ~etified by the City Clerk as to ~is assignment and appointment. AoDrqvai of Bills ~r. Kohl read the following bills for approval: t, ~adger Meter Inc. - in~. ~5302~9 Pay fr~m bud~eted funds 6!30-582 For ~ater Meters $ 3,!t0.00 2. Allie~ Chlerin2 & Chemical 5,372.00 P~y £ro~budgeted fmnds 6120-354 For chlorine .............. inv. #88615 $1476.00 #89229 1620.00 #886t4~ 3o O'Brien~ Suitor & O'Bri~u~ Inc. 2,500,00 Pay frem Utilit~yGeneral Fund Inv. ~73-542 - S~ak~ug easements for sewer extensions - 19?l Bend Issue -6- NINUTES , REGUI~q Ci~f COUNCIL ~EET!NG BOYNTON BEACH, FLA. JU~ 18, 1974 Apprcvat ef Bills (Cont'd) P~i~em I972'73 encumbered f~uds, (Hell, back 18% ~e te extra work beimg done t~ Ci~,S satisfaction.) "&cryflex,, ~ase cea~s surfacing tennis courts. 5. ~ussell & ~A~onEst. #5 JoB 7460-I-II P~y from Utilit~Ge~erat Fun~ Bey~.t?~-Delray Wastewater Treatment & Disposal Facilities. 14,940.67 6. Lam~er~ale Contractors Est. ~3 2,G89.25 Pay from Uti!ityGe~erat Fu~d F.inal 6858-13w Relocation of 1-95 Reimbursable from D,$.T. The bills ~eseribed have been approved and verifie~ by the department heads invctve~; checked and approved for payment by the Finance Director; fun~s are available in their respective budge~s~ N~, Kehl reeommended payment of the above bills. Referri~ t~ I~em 5, Russell & Axon, Beynten-Delray Wastewater Treatment & Disposal, ~ayer DeLonE asked if this was included in the grant. Nr. Kohl said a certain amount is included in the grout and the City will also have to pay so much. Nayor DeLong said he would look into this further. Also in regsrd to R&~ and inasmuch as they have withdrawn Ln one instance as far as the City itself is concerned, ~r. Wallace asked if any ef these monies were tied up in what R&A is supposed to have been doing. ~. Kohl said no, the oo3~y item they have retired from was the meetings that 0ouncil would be having with Delray in regar~ te cominE up with an agreement. ~r. Wallace moved to pay the bills, seconded by ~r. Harmening. Under discussion, re item 6, final pa~ent to Lauderdale Contractors, Nr. Harmening asked if any ef the funds have been reimbursed to the City en utility relocation of 1-95. ~. Kohl said not as yet, ~mt he has sent in the first bill amounting to several thousand de!lars. ~ayor DeLong asked if any funds were being held ~ack due te the City's notification ef liens an~ Nr~ Kohl clarified that this was in regard to Lamderdale Contracting which is separate from item 6 above, and c~ncerns the City's sewer contract. He said ever $SG, 00G has been held back from Lauderd~le Contracting ~util all the bills have been paid. Notion carried 5-0~ OTHER C.oos_der 4-Day n ±maay 4th of July W~ekend (~a~or Joe DeLong) In line with~ayor DeLong's recommendation for a 4-day holiday, 7 MINUTES - REGULAR CI~ COUNCIL NEETiNG JUNE 18, 1974 BOYNTON BEACH, FL~, for the City's employees beginning with Thursday, July thru Sunday, July ?th, 1974, Hz, Wallace moved that this gra~ted, se¢onle~ by ~, Roberts. Un~er discussion, Roberts commented that ibis was a bonus for the geed work being done by the Oity's employees ~ud Mayor DeLem~ added it was also for the partial neglect which was u~controllable by the City Fathers. Nest surroun4ing mumicipalities, including the Oeu~.~y, get a mid-budget increase to keep s%ep with the ees~ ef living, The Oi~- of Bey~t~n Beach was ~et in a position to kee_~ up with thai, however, .~gayor DeLeng advised Oeu~eil tha.i ?~ ,w~ kim~ on lhe b~get f,or the ensuing fiscal year, it mas= be ta~e.~ ~in~e eenside~alion ~e.eanse the correct ~ay scales are very m~ch me±ow the other murniciDalitios, more se new sinc~ others have reeeive~ a m_idLb~dget increase, ~.~tien carried 5-0. Speois~ ~yer DeLeD4 called for a Special .~eeting of City Council to be hel~ at 5:0~ P;I~I. en Nenday, June 24, 1974 regarding the Boy~tem Beach an~ Delray Beach consolidation ef Sewer Treatment system, adding that appropriate notices would be sent out by the City Na~a~er. PUBLIC AUDIENCE Although he was late, ~. Andrew Jaokie B~Id~ Chairman of C0~,~ 55~ N.W, 12th Avenue, was given permission to speak. B~de-~L~ road a letter to Council in reference to the run-dov~ condition ef the cemetery at th~ far west end of N.W. 12th Avenue, He felt si~ee the cemetery would be viewe~ by motorists traveling along 1-95 when completed, it shoul~ be cleane~ up and beautified te represent the City's ¢~ncern for its deceased. ~Lr. Wallace moved to t~rn this matler ever to the City ~.anager for appropriate action, seconded by Nr~ Harmening, No discussion. Notie~ carried Ph~rmening moved to ret~rn to the crier ef business -- Amneunce- Wallace seconded. No discussion. Notion carried Since ~. C. A~ 0strom did not appear, ~yor DeLong read the Proclamation honoring his mauy years of devoted service to the youth of Beynton Beach au~ his most reoeRt donation of $l,0OO.G0 to the City's Recreation Deoartment, and proclaimed Tuesday, June 18, 1975 be des~gnated-C. A; 0strem Night. ~ayor DeLeng said ~; 0sirom is one e£ ~e most outstand~ ~ud generous citizens in the City. Wallace moved to ad~'ourn, seconded by ~lr, Harmening, ~otion 8- ~Ih~TES - REGUL~ GI~f COUN~L EEETiNG BOYNTON BEACH, FDA. cmrried 5-0. JUi~m 18, 1974 ~eeting adjourned at 8:26 P.~I. CITY OF BOYNTON BEACH, By FLORIDA Councilman ATTEST: City Clerk -9-