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Minutes 02-19-74MI~dTES OF REGULAR CItY ~ MEETING OF THE CITY OF BOYNTON BEACH: FLORIDA, HELD AT C2TY HALL~ T~ESDAY, PEBR~RY !9, 1974. PRESENT Joe DeLong: Mayor DaVid Roberts, Vice Mayor Forrest L. Wallace, Councilman Edward F. Harmening, Councilman No~manF. St~nad, Councilman ABSENT Ernest G. Simon, City Attorney Prank Kohl~ City Manager No,is Rickey, Acting City Attorney Tereesa Padgett, City Clerk Mayor DeLong called the meeting to order at 7:50 P.M. He welcomed the audience and asked them to rise for the invocation~ given by City Manager, F~ank Kohl, followed by the Pledge of Allegiance: led by Mr. Bill Sullivan: Personnel Director/PurchasingAgent. Announcements Mayor DeLong introduced Mrs. Coston from the Child Day Care CeRter, who explained some of the background about the Center which operates for the benefit of small children from low economic circumstances. Mrs. Coston then introduced one of the young students, Derrick Hegge, who spoke briefly, followed by the singing of some songs by several of the children. Mayor DeLong thanked the group and compl/mented the Center for its work~ Mayor DeLong noted that Normis R/e_key was substituting fom the City Attorney~ Ernest Simon~ who was away on other business. Mayor DeLong then presented a Con~endationAward to Officer Ot~.ndo Camardella in recognition for saving the life of a heart attack victim on January 21, 1974. A press release dated February 19, 1974 and written by the City Manager was then read by Mayor DeLong concerning restrictions and curtailment of water usage for non-essential purposes as authorized by City Ordinance No. 72-5. The effective time of the emergency situation implementing water restrictions shall be 12:01 A.M. Thursday, February 21, 1974. A member of the audience asked for clarification as to whether the restrictions applied to City wate~ only or well water also. He was advised that the restriction covered City Water only. Mayor DeLong asked all those who wished to speak on items on the agenda to give their names and the item numbers to M~s. Padgett, who would call them at the appropriate time during the meeting. He added that after the public has had its say and the questions a~e put to Coun- to oil for motion and discussion, such discussion will be limited ~~ Council only. 1 MINUTES OF REGULAR CITY COLhNCIL MEETING 0F THE CITY OF BOYNTON BEACH, PLORIDA, HELD AT CITY HALL, TUESDAY, PEBR%~B/rf 19, 1974. MINUTES Regular Meeting - Pebrua~y 5, 1974 Mr. Roberts and Mayor DeLong noted several typographical ezTors as follows: Page ~' 11, 15, 15~ paragraph 7, 1/ne 3, the 6th wO~d should be "help" last line, the letter '~" should be deleted paragraph 4, line 2, the 2nd-~d sh~ald be ~sitting" 5, line 5, ~he 5th wo~d should be ~neads" 5, line 7, the 4th wo~d should be "known" 9, line ~ the 4th wo~d should be "suit" " 5, line 6, next to last word should be "changes" 1, line 5~ the 5th word should be Mayor DeLong referred to page 3, paragraph 2, line D and asked that the wo~d "received" be substituted for the word "gotten~'. He then referred to page 6, paragraph 5, ~ne 5, where the word "in" should be used instead o~ "on". Mr. Wallace moved to adopt the Minutes of the Regula~ Meeting of February 5, 1974 as cold-coted, seconded by Mr. Ha~menin9. No discus- sion. Motion carried 5-0. P~IBLIC AUDIENCE M~. Floyd Van Deusen, 2~7 N.E. 22nd Avenue, re£ezTed to his comments at the last meeting and complained of a t-~uck moving a house through his street at 5:05 A.M. He questioned why there was a "No T~ucks~' sign at the east end of the street and none at the west end end asked that this be corrected. He also asked about the status of the traffic light to be put up at the end of his street. Mayor DeLong advise~ that these matters would be handled administratively. Mm. John Stevens, 715 N.W. 4th Street, Member of the Community Rela- t-ions Board, asked that consider.at, ion be 9~ven to She appointment of Mr. John Rayl in place of Rev. White, who advised Shat it would b.e impossible to serve on the Board this year. Mm. ~yl'.s address ~.$ 516 N.W. 3rd St-meet. Mm. Stevens also asked if Council had received some material from Mrs. Haire and Mm. Kohl advised~he had n.ot received it but had seen the Board's m/nutes which mention~ that this material was to be expected. Council decided to take up the Q~estion o~ Mr. Rayl' s appointment under OLD B~SINESS. Mr. Howard Mallory, 820 Canal Drive, Chapel Hill, said he was a builder and asked for the status of the septic tank and sewer situa- tion. Mr. Kohl advised that he was currently waiting for a letter from the Department of Pollution Control. He expected information the following da~ in regard to the moratorium rega~t~ng permits which had been issued to a particular date in October or November. He had MINUTES OP REGULAR CITY COUNCIL MEETING OF THE CItY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL, T~ESDAY~ FEBI~ 19, 1974. no other information about the moratorium and said if Mr. Mallory advises the office of the City M~nager where he wishes to build a home with a se~cic tank, it can he dete~rmined whether or no~ the~e will he sewers there within a two-year period. It was further clarified that current procedure p~ovided for a builder tO get a pertinent letter from the City for presentation to the County. ~L~. Will,am Scholz, ll]8 Sake Terrace~ asked if Council intended to bring up the question about the water rates tonight or at another meet- Lug. Mr. Kohl explained that he had t-~ied to ~each M~. Scholz today but was unable to do so. He said he had met with the City Attorney, Engineer and Utility System Supervisor, after which the City Attorney will have a letter of interpretation for the Council and Mr. Scholz. Discussion ensued during which ~. Scholz questioned why he and other members.of b/s committee were not given the opportunity to present their views to. the attorney before he made his interpretation of the ordinance.: Mayor D~,Lon~. polled the Council members to see how they felt about ~b~.'.ving M~. Scholz and other ~esidents from Le~sureville meet with the City ~ttorne¥ for discussion abou~ his legal ~nterpretatior~ Mr, Wallace felt this would be putting the cart before the hor~e, as the City A~to~ey must come back to Council with his views, after which the Council must make a decision as to whether or not they are going to follow a. particular route. He felt after these t~.o steps were taken: it was tSen time for the public to approach Council with argl~nents pro or con. Discussion continued wherein Mr. Scholz expressed his feelings that at the workshop meeting two weeks previously, he understood there would be an opportunity to meet with the City Manager and City Attorney, so he had withdrawn his request for discussion of this subject at the previous Council meeting. He felt that he and his group should be pe~nzitted to present their viewpoint to the City Attorney before he made his interpretation. After further discussion, Mm. Roberts stated if it would create a little peace and harmony to have the requested meeting, although he didn't feel it would have too much effect on the Ordinance~ he would go along with the request, Mayor DeLong said if the Council received the City Attorney's interpre~ ration within the next day or so and the other members of Council agreed that it would be all right for Mr. Scholz and his committee to meet with the City Attorney~ the matter could probably be brought up at the next regular meeting. Mr. Roberts felt it was to be assumed that after any such meeting be- tween the City Attorney and the group: the Attorney's decision would be made known to the Council and not at that pa~icular meeting. MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CiTY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL, TUESDAY, FEBRUAR~ 19, 1974. Mr. Strnad felt it would be agreeable to allow the group to meet with the City Attox~ney if it would provide any consolation to the~. Mm. Wallace disagreed as he felt this was a legal matter for which the City Attorney was hired in o~der to bring his interpretation to Coun- cie He felt a Pandora's box might be opened as other ?o.u? might come foz4ch to meet with the At'co,ney regarding their ob3eetzons before items are brought to Cour~ih Mrl Harmening said he had no objection to the g~oup meeting with the City Attorney as he had faith in the legal interpretation that wf~lld be made. Mr. Roberts didn't feel that a Pandora's box would be opened and said he would agree to having the meeting. Mayor DeLong also said he wO~ld agree to having the meeting and added that he wo~ld prefer not to receive a copy of what transpired so he would not have any advanced knowledge of the disoussior~ In this way he could approach the sub- ject in a fair and equitable manner. He added that if or when the Attorney renders his decision, Mr. DeLong did not intend to substitute his judgment for the Attorney's and if there is any dissatisfactiOn~ it would have to be taken up in Court. Mr. Scholz expressed appreciation for the Council's views and the opportunity to meet with the City Attorney. Mr. R. B. Vastine, 132 Leisureville Boulevard, said he would like to clarify for the reco~d that he was not in argument with Mr. Scholz, but wished to point out that Mr. Scholz represents the Leisureville Condominium Apartment Association and not. the Leisureville Community Association. Mr. Scholz said he made thms clear at the last meeting. Mr. I~vin9 Dubin, 250 N.E. 26th Avenue, Village Royale, complained of th? darkness ~md lack .of lights i~. his oomph..'U and asked that. the City contact Mr. Collmer of Flormda Power & Light to see if thins project could be huz~3ied along. Mr. Kohl explained that he has done evez~thing in his power to help in this situation and discussion ensued about how much time has elapsed since, these light?were promise~. and about the difficulty in general of getting such pre3ects completed. Discussion returned to Fir. Van Deusen's earlier question regarding the status of the traffic light at N.E. 22D~ Avenue and Mr. Kohl ad- Vised that the last information he received conoerned electrical power to the traffic light and the Department of Transportation ms con- tinuously being followed up concerning this matter. BIDS 1-95 LWcitities Relocation - 5rd Section (Tabled) A~te~ some discussion concerning Mr. Kohl's request that this item be stricken from the agenda, Mr. Wallace moved to take this item from -4- MINU~ES OF REG~iLAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA~ HELD AT CITY HALL, TUESDAY, PEBRtU~RY 19~ 1974. the table~ se~nded by~. Hazmening. No ~scussion. Motion carried 5-0. Mr. Wallace then moved that this item be stricken from the agenda, seconded by Mr. Harmening. No discussion. Motion carried 5-0. Shell Rock (Annual Bid) Mr. Ko'nl referred to his lette~ for t~he agenda and other pertinent information that was befOre COuncil a~d concurred with the TabulatiOn Committee that the City accept the l~w a~d only bid received from Keatts Trucking in the amount of $5.45 per cubic yard. He said $12,000.00 has been budgeted for the year in the Street Depaz.~ent (2500/280). M~, Wallace moved to award the l~w bid to Keatts Trucking Company per the recommendation of the City Manager, seconded by M~. Harmening. Mr. Kohl advised that the City contacted six companies and Keatts was the Only one who came back with a bid~ . 'There was no further discussion. Motion ca~ied 5-0. Cold Mix and Asphalt Type II (Annual Bid) Mr. Kohl referred to his letter for the agenda and other pertinent information pertaining to this bid item. He concurred with the Tabula- tion Committee that the bid be awarded to Rubin Construction Company, the only bid received, for: Cold Mix 8 $21.75/ton, F.O.B. Boynton Beach and Alphalt Type II ~ $16~25/ton F.O.B. Boynton Beach. Funds are budgeted in the Street Department 1500/280 in the amount of $19,000.00. Mr. Kohl then read the following adde~dum to the Proposal from Rubin Construction Company for the record: "NOTE: Due to conditions beyond our control, including the unstable price of liquid asphalt and other petroleum products, including petroleum related services, this bid is submitted subject to the following: Bid prices quoted can be gUaranteed by us only for a period of 50 days from date of bid opening. This period can be extended on a month-to-month basis by mutual consent. Orders for Cold Mix will be accepted only on as- available basis or in minimum 50-ton lots." Mr. Kohl noted the City is in this critical situation in many cases. Mr. Harmening moved to accept the City Manager's recommendation and award the bid to Rubin Const~ction Company, seconded by Mr. Strnad. Mr. Roberts asked if there would be any problem regarding the 50-ton lot. Mr. Kohl said the City would purchase this on an as-available MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, FEBKUARY 19, 1974. basis and would stock-pile as much as can be used. Motion carried 5-0. Gasoline, Diesel Fuel & Oils (Annual Bid) Mr. Kohl referred this item to the Purchasing Agent, Bill Sullivan, to apprise Council of the details. Mr. Sul]%van advised that one bid was received for diesel fuel at 35. 4¢ per gallon f~om Seaorest Petroleum Company and the bid was based on the !97~ allocation which was alSo supplied by Seacrest Petroleum. Federal Allocation is set up so that the supplier in 1972 is the supplier in 1974. No bids were received frc~ Standard Oil, Ewxon or Shell f~r gasoline requirements. Gulf Oil, which is the present supplier and was the supplier for 1972 advised that they had sent a bid in the mail, but it was never received. The new price of Gulf No-Nox meceived by phone would be raised to 36.69¢ per gallon.' The GoodGulf or Regular gasolinewillbe raised to 52.60 per gallon. The oil will be based on the 1972 p~ices and w~ll be escalated as sources ei~her become limited or tz%icking becomes mo~e expensive . Mr. S~van said he was also requested to fill out an FEO~.~-117 fo~mtO increase the allocation to the City. Mr. Eohl recommended getting the diesel fuel from Seac~est Petroleum as bid and also to ~etain Gulf as the supplier for the other items and discussion ensued in that this was the only route to follow , otherwise pez~aission would have to be obtained from the Federal Government in order to obtain a new source. Mr. Wallace questioned the legality of proceeding to accept the pro- posal from Gulf inview of the fact that their bid was not yet received. Mr. Rickey felt if the bid was not received, it could not be accepted and it was felt by Council that since there was no control over the mails, perhaps bids should be hand delivered. M~. Kohl interjected that the Federal guidelines provided that the 1972 supplier shall also be the supplier for 1974 and Gulf was the supplier. Mr. Wallace asked if the City could verbally make a commitment to the Gulf dealership at this particular tim~ and have Gulf re-submit a bid. Mr. Kohl asked for permission to continue with these suppliers. After some further discussion, Mr. Harmening moved to accept the recommendation of the City Manager to aw~d the bid for diesel fuel to Seacrest Petroleum Company in the amount of 55.4¢ per gallon , excluding taxes and award the bid to Gulf Oil for the other items in that they are the companies that the City has done business with in the past. Mm. Roberts seconded. No discussion. Motion carried 5-0. PUBLIC REARING None. - 6- MINU~ES OF REGU33L~ CITY COUNCIL MEETING OP THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALLs T~ESDAY~ FEBRUARY 19, 1974. LEGAL Ordinances - 2nd Reading - Public Hearing None. Ordinances - 1st Reading Proposed Ordinance No. 74-7 - Re: Amending Fire Zones Mr. Rickey read proposed Ordinance No. 74-7 on first reading -- An Ordinance of the City of Boynton Beach: Florida, Revising the Two Fire Districts of said City by Deleting Subsection 501.1 - ~'Genera!~ of Section 5-2 of Chapter 5 and By Adding Section 12-18 to Chapter 12 of the Codified Ordinances of Said City, etc. Mayor DeLong clemified that the Ordinance just read was on first reading as there were none on second reading. Mm. Harmening moved for the adoption of Ordinance No. 74-7 on first reading~ seconded by Mr. Roberts. Under discussion, Mayor DeLong referred to a memo before Council from the City Manager~ indicating that this Ordinance was prepared with only the approval of a department head. He noted that the policy is to have a~t ord/nances cleared through the office of the City Manager and Mayor DeLong asked that it be made a matter of public record that the pol/oy wherein all department heads work through the office of the City Manager remain in effect. A~ter fu. rther discussion, Mm. Wallace suggested prepa~ing a lettem for the City Attorney in this re~a~ to help keep h/m apprised of the policy to accept only those ~equests.signed by the .City Manager. Mr. Rickey made a note of this for Mr, S~mon. Mrs. Padgett conducted the roll call vote as follows: Councilman Ha~mening - Aye Vice Mayor Roberts - Aye Councilman Strnad - Aye Councilman Wallace - Aye Mayor DeLong Aye Motion carried 5-0. Proposed Emergency O~dinance No. 74-8 - Re: Decreasing Bid Requirements Mr. Rickey read Emergency Ordinance No. 74-8 on first reading -- An Ordinance of the City of Boynton Beach, Florida: Amending Section 64 of Article IV of the Municipal Charter of Said City~ as Author/zed Under Chapter 166 of the Florida Statutes Entitled ~MunicipalHome Rule Powers Act~', Deereasing From $90,000.00 to $1,000.00 as the Amount in Excess of Wh/ch all Purchases or Sales Sha~l be Advertised for Bids as provided for in Said Section: etc. Mayor DeLong noted that this Emergency Ordinance would need 4 favorable - 7- MINL~ES OF REGUL~i~ CITY COL~;CIL MEETING OF THE CITY OP BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY: PEBRRARM 19, 1974. votes to pass. Mm. Wallaoe moved to adopt Ordinance' No. 74-8 as an Emergency Ordinance: seconded by Mr. Ha~mening. No di$cussion~ Mrs. Padgett conducted the ~oll call vote as follows: Councilman Harmening Vice Mayo~ Roberts Councilman Strnad Councilman Wallace Mayor DeLong Aye Aye Motion carried 5-0. Resolutions Proposed Resolution No. cation of Electrician 74-D - Re: Providing for Additional Classifi- Mr. Riekey read Resolution No. 74-D -- A Resolution~of the City Of BoyntonBeach, Florida: Amending the Rules and Regulations of Civil Service Dy Progiding for the Additional Classification of Electrician, etc. ~ Mr. Harmeningmoved for the adoption of ReSolution No. 74-D, seconded by Mr. Wallace. There was no discussion. Mrs. Pad~ett conducted the roll callvote as follows: Councilman Ha~mening Vice Mayo~Roberts Councilman Stm~ad Councilman Wallace Mayor DeLong Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 74-E - Re: Amending Pay Planto Include Electrician Position Mr. Rickey read Resoiution No. 74-E moved to adopt Resolution No. 74-E, discussion. Mrs~ Padgett conducted in its entirety. Mr. Harmenin~ seconded by Mr. Strnad. No the roll call vote as follows: Councilman Harmenin~ - Aye Vice Mayor Robex~s - Aye Councilmen Strnad - Aye Councilman Wallace - Aye Mayor DeLong - Aye Motion carried 5-0. - 8- MIR-GTES OF REGULAR CITY COU~CIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, MELD AT CItY HALL, TUESDAY, PEBRtLARY 19, 1974. Proposed Resolution No. 74-F - Re: Federal Grants for Law Enforcement Agencies Mm. Rickey l~_ad Resolution No. 74-F in its entirety. Before accepting a motion on this Resolution, ~4ayor DeLong asked Mr. Kohl to' read his memorand,~ o~ February 19, 1974 into the record, which he did, as follows: "We sine attempting to obtain a federal g~ant to finance a Burglary reduction and control task force. The total cost of the project is $807085.00 o£ which $60,000. will come from LEkA (Law En~oTcement Assistance Adm/nist~atiOn), and $8, 000.00 will come from the City of Boynton Beach. Ap- proximately $12,085.00 will be contributed from existing p~rsonnel and equipment, now employed or under control of the Boynton Beach Police Department. This $12,085 w~ll be considered 'In-k/nd funds'. The p~oject will contain five (5) patrolmen ... One (1) detec- tive ... three (5) compact unmarked cars ... one (1) 200 cc motorcycle and six (6) portable zedios. Equipment such as revolvers, shotguns, jumpsuits, binoculars and motorcycle helmets will be used from the current police department inventory. The Governor's Council has scheduled a meeting on February 20th at 10 A.M. in the Palm Beach County Courthouse on cr/minal justice to present this progTam for approval and I would like to have the attached Resolution indicating the intent of the City, at that t/me. I strongly recon~end approval that we proceed with our efforts to obtain these federal f~/nds to up-g~ade our Police Depart- ment. ~ Mr. Hanmening moved for the adoption of Resolution No. 74-F, seconded by Mr. Wallace. Mm. Roberts asked for clarification from Mm. Kohl that this is an attempt to get financing under the LEAA and if unsuccessful, the City may not proceed with this particula~ project. Mr. Kohl said yes, this was cozTeet -- the City is hoping to obtain these funds from LEAA. .Mrs. Padgett conducted the roll call vote as follows: Councilman Ha~mening Vice Mayor Roberts Councilman Strnad Councilman Wallace Mayor DeLong Aye Aye Aye Aye Motion ca~ried 5-0. - 9- MINL~ES OF REGULAR CItY COUNCIL MEETING OF THE CITY OF BOYNTON REACH, FLORIDA, HELD AT CITY HALL, TUESDAY, FEBRUARY 19, 1974. Other Legal Opircion - Re: Front Foot Assessments for Sanitary Sewer EXt. - N.E. 7th Avenue Upon the request of the City Manage~ M~. Wallace moved to table the above item and lea~e the following items under OLD B~SINESS on the table: A. Sanitary Sewem Replacement - E. Ocean Ave. Between Seac~est Blvd. & N.E. 1st Street (TABLED) B. Costs for Perimetem Pipe Replacement Center (TABLED) C. Costs for Paving & Drainage - N.E. 7th Stmeet (TABLED) Mr. Harmening seconded the motion. Mm. Kohl said he was still waiting for costs and change o~de~s. The City is going out fo~ bids and approximate prices and this is the pmoblem here. Undem discussion, Mm. Ha~mening said in: ~ega~d to Item "Au above, he spoke to M~. K//nck after the meeting of Febmuary 5th and b~. Klinek said he would see that the contractor took this work on the bas/s of a change o~der which should Tesult in a consideTable savings over the bid prices. M~. Kohl asked that all these items remain on the table in any event. Motion eal~eied 5-0. Complete Appointments to City Bosmds and Committees Mayo~ DeLong referred to Mm. Kob~l's memo for the agenda on this sub- ject and discussion ensued dulling which it was clarified that both l~. $al DeCanio ar~. Hr. Alex Hogg, Jr. were appointed to serve on the Employees Penslo~ Board in January, 197D, to seZve two-year te~ms each. It was fumther clam/~ied that although M~. Mogg had expressed the possibility .~hat he m~ght be too busy to serve this yea~ he would be willing to do so until such time arose. After some discussion regaz~ng Mm. Gerald Staleyre renewed willing- ness tO serve on the Building Board and with no other appointments suggested~ Mm. Robe~cs moved to appoint M~. Staley to the Building Board, seconded by Mm. Wallace. No discussion. Motion carried 5-0. Mr. Ba~ett~ Building Official, advised Council that he received a recommendation yesterday from the Chmir~an of the Electrical BoaTd who wishes to replace the layman on that board, Mr. Ivan Allmond because Mm. Allmond had ncc attended the last four meetings. M~. Str~ad .recommended Milf~ed F~:au-~ing, however, he was advised that a layman was needed. When it was apparent that no one had any sug- gestions, Mayor DeLong recc~m~ended consideration of M~. Edward Fish of 2084 S.W. 13th Te~aee, Lefsureville, who had volunteered his - 10 - MI~dTES OF REGULAR CITY COUNCIL MEETING OF THE CItY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, FEBRUARY 19, 1974. services to the City. His ~esume was said to be available in the Personnel Depaz~c~nt ~ M~. Ha~mening moved to appoint Mr. Edward Fish as a layman on the Electrical Board, seconded by Mr. Strnad. No discussion. Motion ea~ried 5-0 with cla~ication that M~S. Padqett would handle the oust Greasy noti~icati on. kLv. Wallace asked if the~e w~e any vacancies on any of the boards other than the o~e m2ntioned by Mr. Stevens earlier this evening. Mr. Roberts advised that an alternate was needed on the Plumbing Board for a one-yea~ te~m, with one recommendation made -- Mr. Mike McLaughlin, a resident, licensed M~uste~ Plumber. Mr. Roberts then verified with Mr, Ba~ett that M~. ~n~ Schmidt, Plumbing Inspector, should also serve on the Plumbing Beard. Mr. Roberts made these two ~econ~aendation$ in the fo~m of a motion, seconded by Mr. Wal!aee. U~der discussion, Mr. ~enin9 questioned wheth~ o~ not a F~ste~ ~lumbe~. was a3~eady on the Board as he thought the vacancy existed or a ~ourneyman plumber or a layman. He wondered if ths~e would be any complication in having two Master Plumbers on the Board. Mr. Baz~ett advised that Mr. Tom Canavan, who was a member of the Board, was also a Maste~ Plumbe~ but he womld have to check further to see if this was permitted. Pur~he~ cor~ideration was ~iven to the possi- bility that Fn~. Canavan mig!et presently hold an inactive license which M~. Baz~ett would vezdzfy, however, he would still be considered a Maste~ Plumber. Mr~ Wallace said inasmuch as there was a question as to whethem Mr. Canaven is o~ is not a Maste~ Plumber, until it is clarified he would go alon~ with the motion and called fo~ the ~uestion. Motion ea~ied 5-0. It was stated that the Plumbing Inspector would serve as a member of the Board. Mr. Roberts then m~;ed to appoint Mr. John Rayl to the Co~aunity Relations Board as a replacement for Rev. White, seconded by Mr. Wallace. Nc.discussion. Motion carTied 5-0. ~. Robe~cs said a couple of alternates were needed on the Board of Adjustment. He added that in visiting some of the Boards to get acquainted, he found that some of the new, as well as the old, members didn't know too much about their dutiesL He requested Council to have the City Clerk or someone ~rom the City Manager's o~fice make a copy of Section 51-15 o~ the City Code ~e~az~iing the duties of the Board of Adjustment in particular and see that each membe~ gets one, including the alternates. Council agreed and it was decided that this would, be handled administratively. Discussion then ensued re~ardin9 vacancies and the moving up of alternates on a board, with additional appointments being put in as alternates. Mr. Roberts z~fe~red to Mr. Kohl's lette~ ~or the agenda which indicated the necessity for another appointment to the Boal~ MINUTES OF REGULAR CITY CO%~CIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, FEBRUARY 19~ 1974. rk ? of Adjustment, as Ezell Hester has had three unexcused absences which means an "a~tomatic d~op". Couilcil decided to see if they could come up with a couple of alternates to be appointed at the next meeting. Mm. Roberts then referred to another item in Mr. Kohl's letter for the agenda pertaining to the telmLination of the Charter l~evi~ion Committee which was to take place after the second meeting in February. Nm. Roberts asked about the status of the final draft for the three items that weme supposed to be put out for referendum. Mayor DeLong suggested that Mr. Kohl contact Col~ Trauger of the Cb~ter Revision Committee to gather this info~mation together for Council's review. He added that one of the problems had already been resolved. Seac~est Boulevard (Mayor DeLong) Mayor DeLong said he has had a lengthy discussion with County Commis- sioner, Mr. George Warren~ and it appearS that he is most faVorable to a suggestion of a 5-year capital /mprovements plan to gutter, curb, and sidewalk and 4-iane with a median strip, Seacrest Boulevard f~om one end of the City limits to the other. Mayor DeLong said he has been p~ivile~ed to quote Mr. WaxTen that he will get this moving immediately and it is intended to he a five-year project. Mayor DeLong requested that a motion be made for a Resolution to be drafted fo~ adoption and sent to the County Commission. Mr. W~]laee moved that a Resolution be d~afted and forwarded to the County Comission with a recommendation for a five-yea~ plan for the completion of 4 lanes, a median strip, curbs, gutters and sidewalks from one end of Seacrest Boulevard to the other within the boundary limits of the City of Boynton Beach. Mr. Harmening seconded. No discussion. Motion eaZTied 5-0. Mr. Roberts said most of the problems lie in the east-west roads and he asked if there was any uP-to-date info~mation on 23rd Avenue. Returning to the subject about Seaerest Boulevsmd, Mayor DeLong said there had been a discussion that drainage would be included in the project as well as left and right turning lanes at the appropriate crossings. He added that there would have to be a great deal. of coordination and cooperation between the City officials and County Commission to get this work aecumptished %~thin the five-year period~ Mayor DeLong then referred Mr. Roberts' question about 23rd Avenue to Mr. Kohl to see i~ he could ~ind out any information regarding anticipated plans on this road. Mr. Roberts said he was concerned bscause a year ago there was some question about assessment on some buildings on 25rd Avenue and the County had indicated that it would be quite a number of years before .23rd Avenue would be 4 lanes. Mr. Kohl referred the matter to the EngLneer. MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT C~TY HALL, T~ESDAY, PEBR~ULRY 19, 1974. Mr. Flushing said the~e was no information about making 2D~d Avenue lanes. He said 15th Avenue would be 4-1aned and the only changes in the area would be around 1-95 which was presently underway. Mr. Ha~mening interjected that when 1-95 is completed: N.W. 22nd Avenue will be through to Congress and 15th Avenue S.W. will soon be opened with the interchange. He added that it was his understanding that N.W. 2nd Avenue would be 4 lanes to M/litary Trail i~ the near future° Mr. Roberts said he understood that 15th Avenue in the area of Quail R/dge would also be 4 lanes to Military Trail. Mm. Flushing said this would happen, but immediately it w/_ll be 4 lanes between Congress and 1-95. Referring to the question of 23~d Avenue, Mr. Wallace asked how this would affect the Southern areas as far as developments such as Leisure- vi!lc which originally called for larger lots, homes and buffer zones~ With the new idea of 23rd going through there, he didn't think the City had anything verifying what happens to the southerl% develop- ment of that area, on the no~themn side of 2DTd. He wanted to know what plans the developer has and if it affects what was ol~iginally ~anted to the developer and is he abiding by those particular items. Mr. Ba=rett said he and FAr. Clark attended a meeting with the County engineers and 23~d Avenue is not going to affect the buffer strip or the larger lots and homes. There /s an access or service road to the nolVch of 23rd Avenue which will serve this with only one exit onto 23rd. This was believed to be in the eastern poz4cion, close to 15th. Mr. Barrett added that the larger lots will z~main with a 50-foot buf- fer strip. NEW BUSINESS None. ADMINISTRATIVE Authorization Requested to Go Out for Bid - Front End Loader (Bobcat) Mr. Kohl explained that in trying to do the best possible job at the sewer plant, there would be many things needed from time to time. It was found that with the equipment that must be moved around, especially the sludge from the sludge bed, it is necessary to have a Bobcat. This item was recommended byRussell&Axon and the City Engineer. Mr. Kohl said if approved, a t~ansfer of funds will be necessary. Funds are available in Water Distribution (6130/514.07) end it is requested that $77000.00 be transferTed to Account NO. 6220 Sewage Treatment, to cover the cost of this equipment. Mr. Kohl recommended purchase of this equipment and approva! of transfer of funds. 15- MINLLTES OF REGLLLAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, FEBRU3LRY 19, 1974. M~. Harmening moved to approve the City Manager' s recommendation, seconded by Mr. Wallace. Under discussion~ Mr. Wallace asked if it was possible to get a data sheet on the amount of funds that have been expended above and beyond what was actually requested in the budget in o~der to have some idea where the City stands in relation to the budget. Mr~ Kohl said yes. Motion carried 5-0. Consider Waiver of Time in Grade - Re: Fire Department. Mr. Kohl referred to his letter for the agenda and the request from Chief Gene Wriqht and Personnel Director, Bill Sullivan for a promo- tional opening to fill the vacancies for the position of Firefighter- D~iver created because of the recent promotions within the Depart- menu. ~. Sullivan had advised that upon reviewing the list of firefighters who have completed their probationary period, he found that no one mat the time-in-grade requirement as outlined in Section 13, Fire Promotions. He indicated- that the trainio~ officer has certi- fied_' that all the eligibles have met all the recp~ements necessary with the ?.nl.y thing ~emaining to have these m.e~. ce~ified to an eligible list is their written examination which will be administered if this waiver is approved. Mr. Kohl reconvnended a/klowance of this waiver of the time in grade requirement for this one time only snd authorize Mr. S,,ll~an to proceed with the necessary examinations. Mr. Hs/"mening moved to grant the request of the City Manager for a waiver Of time in grade relative to the Fire1 Department, seconded by Mr. Stl~nad. Under discussion, Mr. Wallace said he had no objection to the City Managerts request in reg~d to personnel for any of the departments in the City where needed: but this is the third or fourth time that a recommendation for waiver of time in grade has been made ~tfor this time only~'. He asked when the City would be caught up. Mr. Kohl said he didn't pereonally approve of this route, but due to the new sub-fire Station and so many promotions and new men, it isn't possible to meet the time requirements and there a~e good men to fill the positions. Mayor DeLong~ added that it is understandable in view of the expansion of the City. There are requirements and although the departments are small now, the competition will become greater as the departmentS enlarge. He felt it would be necessary to accept these waivers in the interim. Motion carried 5-0. Consider ~ransfer of Funds for Florida East Coast Railroad Mr. Koh~ ~. ref;9~red to the Budget Transfer Request that was before Council dated February 19, 1974. Justification of transfer: F.E.C.R.R. C~ossing Contracts accompany this request to transfer funds to cover special F.E.C. Annual Maintenance to cover F.E.C.R.R. deferred charge and annual maintenance on c.~Ossing gates for prior period when no billing was received. Mr. Kohl read the funds to be transfel~ed as follows: MINI~ES OF REC~LAR CItY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA: HEED A~ CITY HALL~ T~ESDAY, FEBRUARY 19, 1974. Acct~ No. Description Increase Decrease 5800-404 P.E.C.R.R. $1, 950.00 5600-466 Contingency $1, 950.00 5900-518.07 Misc. Cap. Imp. Fund ll, 557, 00 5900-518.97 Transfers in-Cap. Imp. ll, 557.00 Mr. Kohl said this has been approved by Mr. Plynn the Finance Director, and this money is needed on a bill that is coming up. In answer to M~. Roberts' question about this bill having been deferred, M~. Kohl explained that it ts an annual maintenance deferred charge for installa- tion of c~ossing protection during 1971. He re~ez~ed to the infoz~a- tion Before Council %rith the detail of charges. City of Boynton Beach appo~cioned 50°/~ unde~ tez~s of agreement dated August 18: 1971; project c~npleted December 29, 1971. The City has 50% of $76~ 690.75 = $38,345.58 ~ 4 years = $9,586.54. Annual maintenance fo~ 1975 $1,1950.00 - Total $11,556.54. Mr. Roberts asked if this missed the budget a couple of years and Mr. Kohl said it was never sent in. He spoke to the Pim~nce Director who explained that the City had set aside the money to pay these bills. One of the resolutions passed last yea~ was that all funds remaining unspent in various accounts would go into the Capital Improvement Fund. Therefore, these funds remaining there unspent received no billing. All that is being done now is r~uoving them from that fund to pay this particular bill which wasn't received last yea~. Mayor DeLong felt if there was a specific commitment, it would appear that :the.~e should be a separate account or amount of funds budgeted each yea~ to p~ovide for the payment of the commitment. Mr. Flyrm said it was set up and established that way hut the money: being in the General Fund: was invested in a Certificate of Deposit to be put into T~easury when matured. It was clarified that the money has been provided and it was just a question of transferring funds. Mr. Roberts moved that authority be request fo~ a transfer of funds for Harmenf~g seconded. No discussion. granted upon the City Manager's F.E.C. Railroad payments. Mr. Motion caz~ied 5-0. Consider Amendments to Civil Service Rules & Regulations Mr. Kohl referred to his letter for the agenda regaz'ding the recom- mendation from Chief Wright and accompanying memorandum from the Personnel Director, Bill Sullivan, indicating the present rule and the requested amendment. Mr. Kohl said the City must accept this change inasmuch as this. now is a State and Nati onal law and he re- quested that the City Attorney be authorized to amend Civil Service Rules and Regulations accordingly -- page 18 specifically. Mayor DeLong felt as long as Council was going to act on the Civil Service R~les and Regulations that the request be followed through - 15 - MINUTES OF RECJJLAR CITY CER1NCIL MEETING OF THE CITY OF BOYNTON BEACH, FIDRIDA~ HELD AT CITY HALL~ T~ESDAY~ FEBRUARY 19, 1974. in its entirety by making it a matter of public record as to exactly what the Rules and Regulations amenxtments entail. He ~equested that Mr. Kohl read Mr. Sul!iv~u's memorandum for the agenda dated January 21~ 1974, which he did aS follows: ~'Chief Wriqht has requested the Civil Sea. ice Rules pertaining to the maximum age requirement in his department be amended to read the same as outlined in the Police Department require- ments. His reasons are outlined on the attached memos. The rules presently read, 'Not less than eighteen (18) nor more than thirty-one (31) yesms and one (1) month of age at date of examination for candidates with no previous experi- ence in fire service. For candidates with previous experi- ence and holding a Florida Minimum Standards certificate in fire service~ the maximim a~e is increased one (1) year for each year of experience, not to exceed five (5) years experience of thirty-six (36) years and one (1) month of age at date of examination,' I~ amended: it would read~ 'Not less than eighteen (18) nor more than thiz~y-six (36) and one (1) month of age at the date of the examination. Maximum age have a five (5) year proven record of with an aceredited fi~e depaz~rment in in another state: and holds a Florida shall be forty (40) years and one (1) time of their examination. '" for candidates who satisfactory service another co,unity or Standards Certificate month of age at the Mayor DeLong then asked that Mr. Kohl read Fire Chief Wright dated Qanuary 4, 1974 in for the record -- which he did as follows: the communication from connection with this matter ~he Civil Service Rules of the City spell out top age of 56 and one month with five (5) years previous experience. However, the Florida Minimum Standards have ruled out age because of discrimination to anyone applying for a job with any Fire Department in Florida. Of course, anyone above 40 - 42 could not get twenty (20) years of service even though our pension permits over age 60 for retirement (no age limit). I have in a Fireman-Engineer, age 39, Donald P. Webb, with ten (10) years crash fire service in the Air Force and ten (10) years with the City of Delray Beach and he feels the opportunity with our Fire Department would be to his ad- vantage~ especially in the field of Inspection, if possible~ after being hired. As Chief of the Department, I would request this letter be - 16 - MINLrf_ES OF REGLLLAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY~ FEBRUARY 19, 1974. considered for hiring this man. I know he will be an aSset to ou~ Department. This r~quest will be ~reatly appreciated if this is possible through your office, City Manager or Council." (NOTE: The foregoing memo was addressed to Mr. Sullivan, Personnel Director. ) Mr. Wallace moved for the amendment of the Civil Service Rules and Regu/ations upon the recommendation of the Personnel Director, approved by the City Manager, relative to the age limits in the Fire Department. Mr. P~oberts seconded_ No discussion. Motion cax~ied 5-0. Mr. Wallace then moved that the Fire Chief be authorized to hire ~ireman/Engineer: Donald P. Webb, age 39, and to make this part of the record in view of the fact that this meets with the approval of the City Manage~. Mr. Strnad seconded. No discussion. Motion carried 5-0. -Mr. Wallace noted that in many a~eas the Civil Service has been restrictive to certain types of veterans' discha~es that the City wouldn't be happy to have and the Courts have stricken this down. He asked that some research be done to see how this applies to the City. Mr. Sullivan believed there were about 16 different types of discharges from the semite. At the present time the City will honor any kind of discharge for a regula~ job. In the Police and Fire Departments, the discharges go before the Florida Minimum Standards. Often they will make the rejeetion~ not the City. M~. Wallace said this was what he was refe~ing to in that he he--eyed this p~ovision had been knocked down by. the Courts end he wished to know the Cityts position. After further discussion: it was decided that this matter would be researched for an interpretation. Mr. Rickey clarified that a Resolution should be prepared for the last item voted upon. Zoning Approval for Beer ~ Wine License - Crusty's Pizza After clarification that everything was in order concerning this item, Mr. Wallace moved that zoning approval be 9~anted for beer and wine license for C~usty's Pizza, 109 N.E. 2nd Avenue. Mr. Strnad seconded. No discussion. Motion carried 5-0. Approval of Bills Mr. Kohl read the following bills for approval: Smitty's Service Shop - Inv. ~58781 of 2/7/74 1-Lawn Mower for Pa~ks Dept. Pay from 4200-514.05 1,730.00 17- AT~2IT%~HALL~--TU~SE~?, FEBRUARY 19, 1974. Approval of B~]ls (Cont'd) Jim Edward-Edwards Trucking Service Haul Sludge ~rom Sewer Plant. Drying beds under R & A instruction Pay from 6220-514.29 KeltyTraetor Co. Total Less trade-in - Inv. ~t435 of 2/4/74 $53,850.00 17,100.00 Diesel Powered Track Type Front End Loader. Pay from 2400-514.05 -- Council Approved 10/16/73 Atlantic Refrigeration, Air Cond. City Hall Total Cost Less 1~ Retainage Pay from encumbered funds 2200-518 Last Year's budget. 1810-518 This Year's Budget. $15,150.00 1, 515.00 $15,'655.00 Hydraulic Equip. Systems g Fabricating, Inc. Dumpsters, trailers g train cart. Pay from 2400-514.02 Fla. East Coast R.R. Annual Gate crossing deferred charge & Maint. 1975 $11,556.54 1974 1!, 556.34 Pay from funds budgeted and other sources mecommended. Palm BeachCountyDataProcessing Center Develop programfor audit. Verification of entire history of City Deposit Receipts for Utility Service and print out copies. Pay from 1500-277 Gall Silica Mining Co., Inc. Gravel for Sewer Plant Pay from 6220-514.29 Inv. ~9628 of 1/26/74 Badger Meter Co. Inv. ~509885 of 1/24/74 15 - 1~n Wate~ Meters Pay from 6150,582 $ 1, 650.00 36,750.00 13, 635. O0 2,571.00 2~,072.68 1,672.63 1, 446.60 1,725.00 MINU~ES OF REGUJ_A~ CITY COUNCIL OF THE CITY OF BOYNTON BEACH: HELD AT CITY HALL, TUESDAY, FEBPJ~ARY 19, 1974~ FLORIDA~ Appzoval of Bills Dave Smith & Co. - Inv. ~886 of 1/28/74 Sign Posts for Street Dept. Pay from 2500-526 & 524. $1,255.71 Boynton Beach Child Came Center Per Council's allocation Pay from 1~ Fed. Rev. Fund Social Services allocation. 788.00 Ailen insUmanceAgency e Re: Ohio Casualty Insumance Co. Past experience factor. Through Nat Insurance Clearing House to Ray Allen - Previous yea~s experience factor-retroactive. TotatCharge $13,051.00 Pay frown 5600 Insurance 461 and 465 t3~031.00 *Mm. Kohl requested that the item concerning Allen Insurance Agency in theamou/Tc of $13,031.00 be tabled until the next meeting as it is being checked with the City Attorney because it goes back about three years. The hills described have been approved and uerified by the department heads involved~ checked and approved for payment by the Finance Director and funds are available in the respective budgets. Mr. Kohl recommended payment of these bills. Mr. Harmeningmovedto pay all outstanding bills as enumerated, with the exception of ~ll~InsuranceAgency which is to be tabled per the request of the City Managem. Mr. Strnad seconded. No discussion. Motion cazTied 5-0. Mm. Kohl asked for ~uidance on what was to be done regarding disability /nsurance -- hold a workshop meeting or go out for bid. It was felt that a workshop meeting should be held ~/~dMr. Wallace said that Mr. Simon was asked at the time about the actual involvement as to whether or not Council could accept what had already been presented to the City or if it was necessary to go out for bid as was a prerequisite in the past. He felt this should be clarified by the City Attorney before Council sits down to a workshop so the matter could be handled more expeditiously. To his knowledge there have been nocther proposals concerning this. It was decided that the City Manager should contaCt the City Attorney in this regard within the next day or so, after which a workshop meeting could possibly be set up some t/me this week. The City Manager would poll the Council as to time and place. - 19 - MI_NU~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORID~ HELD AT CITY HALL~ T~ESDAY~ FEBRUARY 19, 1974. After some d4-~cussion concerning the request of Mm. Startzman to have a workshop meeting, during wh/ch it was stated that there has been difTiculty in gett/ng CoUncil and Mm. Sta~tzman togethem on appropriate dates, it was decided that the City Manager would arrange a joint woz~kshop m~eting to discuss disability insurance and also meet with Mr. Startzman. It was hoped the meeting could be held this week. On behalf of the Council, Mayor DeLong coa~ended the efforts of Mr. Noz~is Rickey, who substituted for the City AttoTney~ ton/ght. Mrs. Padgett advised that Mrs. Pry had asked to speak at this 'time. Mrs. Prances Fry, Chairman of the Community Appearance Boards said she spoke with the approval of the Con~nunity Appearance Board. She complimented the City on the beautiful job done at the beach and realizing the City's other expenses, asked if approval could be given for a rain/real amount of landscaping around the Pavilion which could be transplanted around a new buildin~ as requ/red at a later date, and also fix up the present roof with a s/mulated tiling. She asked also if the rooms used for beach equ/pment could be mouseproofed and pTesented Council with pictures to illust-~ate the need for this. Mayor DeLong advised that the situation at the beach has been investi- gated by CoUncilman Strnad and Mm. Buck of the Community Appearance Board and Council was now waiting for suggestions and recommendations to the C.A.B. by Mro Buck with the drafting of a p~ospectus by him to .be presented to City Council. After further discussion clarifying that any work desired at the beach was under $1,000, it was decided that this m~tter could be handled by the City Manager. Mr. Wallace moved to this e~fect, seconded by M~. Harmening and Mr. Strnad. Mayor DeLong accepted the two seconds to the motion since Mr. StzTa~d was a foz~er member of the Community Appes~ance Board. No discussion. Motion carried 5-0. Mrs. Fry h~d another ~equest in the form of a small structure to be used to store the 1/feguaxd equipment which could also be used to take the water~ sun or heatst-z~ke victims for p~oper treatment and have a cot .there. so they could be t~eated with f/~st ~id at this site. It was requ. ested that t. he area be constructed so that the guards could remain there during stormy weather and have full vi~N in all directions of the beach. They must now sit in their cars without full view of the beach. Mayor DeLong said there had been dis- cussion at the same time abGut relocation of the other beach facili- ties regarding the possibility of having an extended post that would be glassed in to allow for some protection f~om the weather. After fumther discussion elaryifying that Mm. Buck had all this infoI~nation to be put into w~itten form for the Community Appearance Board: Mrs. Fry said she just wanted Council to know the C.A.B. was willing to be helpful in any way poss/ble. - 20 - MINU~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY~ FEBFJdARY 19~ 1974. Mr. St~ aSked a~ the status of the dog pound and Mrs. Fry said the C.A.B. finished its plans fo~ presentation to the City Manager tonight. Mr. Strnad b~ought Council's attention to the t~uck signs that have been constructed for the t-~uck routes-- they are quite a bit up the street f~z~m the highway so that the t~ucks are practically hal~- way up the street before they even see the signs. The matter was turned ove~ to the City Manager to be handled administratively for placement of the signs in the appropriate place if this had not been done, a~d also to deteztnine the reason for the present location of the signs. Mr. Wallace suggested the possibility of hav~ng two signs -- one on the entrance coming into the thDu-way and one before the t~ueks get the~e. Mr. St~nad also requested that U.S. 1 be swept once a mor~h, particu- larly in the a~ea of Hampshire Gardens. It was decided that this m~tter would be handled administratively. Mr. Wallace moved to adjourn: seconded by Mr. Roberts. No further discussion. Motion ca,tied 5-0. Meeting adjourned at 10:07 P.M. ATTEST: CITY OF BCrYI,~TON BEACH, FLORIDA Vice Mayo~ Councilman - 21 -