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Minutes 02-05-74MINU~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOY~ON BEACH, FIDRIDA~ HELD AT CITY HALL, TUESDAY~ FEBRUARY 5, 1974. PRESENT Joe DeLong, Mayor David Roberts, Vice Mayor ForTest L. Wallace, Councilman Edward F. Harmen/ng~ Councilman Norman P. Strnad~ Councilman Frank Eohl~ City Manager Ernest G. Simon, City Attorney Tereesa Padgetts City Clerk Mayor DeLong called the meeting to order at 7:30 P.M. He welcomed the audience and asked them ~o ~ise for the invocation~ given by Rev. Monsignor Joseph Caramanno~ followed by the Pledge of Allegiance to the Flag: led by Vice Mayor David Roberts. Announcements Mayor DeLon9 co=mended the Police Department for the splendid manner in which they are handling the influx of cars at the City's sea, ice stations. Me also extended thanks on behalf of the City's employees to O. T. McLean for his kind offer to supply gasoline to them during this emergency. Mayor DeLong read a letter of commendation to the City's Police Department from Mr. C. Raymond Kerrigan, which was to be made a matter of record and is attached hereto. At the suggestion of Mayor DeLong~ Mr. Waliace moved that letters of commendation be forwarded to those officers involved~ with a copy to be placed in their perscmnel file, seconded by Mr. Strnad. No discussion. Motion carried 5-0. Mayor DeLong then read a Proclamation~ designating February 15 and 16, 1974 as Poppy Day~ calling upon all citizens to wea~ a poppy~ paying tribute to the Country's veterans. MINUTES Regular Meeting - January 7, 1974 (Tabled) Mr. Harmening moved to take this item from the table, seconded by Mr. Wallace. No discussion. Motion carried 5-0. Mr. Roberts referred to page !5, next to last paragraph: line 4 -- the word ~'de/%sity~ should be inserted in place of ~'industz~~. Mayor DeLong referred to page 1~, paragraph 23 line 2 -- the word ~will~' should be inserted so that the sentence reads ~... City services have improved and will continue to do so ...~ On the s~ne page, paragraph 3: line 10~ th-~-~ord '~in~' should be inserted instead of ~'and~' so the sentence reads ~'... contueted in the open in rainy weather~'. Also on the same page, last paragraph~ line 4~ the-~ord ~improvement~' should be "improvements¥~ and on line 5 the word "and~ should be substituted for ~'of~ -- to read ~... and a public boat launching ramp ...~ Also~ the word ~area" should be insez~ced a£ter Wramp~' in the sentence above. M~NdTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA~ HELD AT CITY HALI~ T~ESDAY~ FEBPJJARY 5~ 1974. Mr. Wallace moved to adopt the Minutes of January 7, 1974 with cor~ec- tions~ seconded by Mr. Hammering. No discussion. Motion carried 5-0. Regular Meeting - January 15~ 1974 Mr. Roberts referred to page 11, paragraph 5: line ! -- the name should be ~Mr. John Rhind~ instead of '~yan". The same spelling correction should be made on page 12, the last word in paragraph D. ~eferring back to page 11~ paragraph 6: 1{ne 10~ Mr. Roberts corrected the figure to be ~'600 units~ rather than "900 units". Mr. DeLong referred to page 11, last paragraph~ 4th line from the bottom -- the wo~ds "written in" should be omitted and the word "complained'~ inserted instead. Mrs. Padgett noted on page 9, next to last paragraph, line 2 -- the figure $4.83" should be substituted for ~$44.83~'. Mr. Wallace moved to adopt the Minutes of January 15, 1974 as corrected, seconded by Mr. Strnad. No discussion. Motion carried 5-0. PUBLIC AUDIENCE Mayor DeLong asked those who wished to speak about items on the agenda to give their names to the City Clerk, who would call them ~¢hen each item came up. It was to be understood that a~ter the public had its say about each item on the agenda, there would be no discussion on the part of the audience once the questic~ was put to Council. Mr. O. T. McLean, 906 S. Federal Highway~ thanked the Mayor for his commendation earlier and said he felt the City was being ~ub3ected to an unnecessary situation as there was not res]]y an energy problem. Mr. McLean then complimented the efforts of the City's Police Depart- ment and spoke about the need for better transportation equipment in this area. Mr. Wallace noted that there was an item on the agenda un- der ADMINISTRATIVE whiehcovered this subject. After further comment~ Mayor DeLong said the City Manager was working on this. Mr. McLean then spoke about the gasoline shortage~ which he believed did not exist. He felt the oil companies were manipulating price control and p~ofit fixing. He questioned the feasibility of the 8-day supply of gasoline promised by Congressman Rogers and spoke about the truckers~ strike. He Suggested that Council pass an ordirance that for every working hour a station is out of gasoline, its license should be restricted for 24 hours and any company that continues should have its permit cancelledand be refused a license in the City. Mr. DeLong said the Council would consider Mr. McLean's suggestion. Mr. Thomas Canavan~ Sterling Vi!lage~ spoke about the traffic problem that was created by the opening of the new hank on ~.S. 1. He suggested -2 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACM~ FLORIDA: HELD AT CITY HALL, THESDAY~ FEBRUARY 5, 1974. an engineering study be made of the situation, either by the City or by the Depsmtment of Transportation, whoever has the jurisdiction over Ocean Avenue and U.S. 1. Mayor DeLong said this would be t~mned over to the City Manager for a possible solution. Fir. Canavan noted that a veteranTs out-patienT study would be made of the Lantana TB Hospital and Mayor DeLong said that CongTessn~un ROgers, who was responsible for this set-up: has ~ a good press coverage on the subject. ~ Mrs. Janet Hall of Seamist Marina in Boynton Beach spoke on behalf of the fleet of captains in the ~ha~ter and fishing business. She spoke of the problem the Marina has been having with signs, wherein several of them have been taken down. Now there has been a request to remove a sign at the entrance to the Marina, which is the only means of identification, containing the names of the boats that dock there. The captains have protested removal of this sign and M~s. Hall said it would humt the charter business. Sh~ appealed to Council for a shortl delay ur~ci! it can be determined if the sign is there legally. She also asked GouncilTs help in reg.ard to Putting up some signs a-t the City's ent~andes that would advertise the whole fishing industry~ which she f~!t has been a prime factor in the building of Boynt~each. Mr. George t~e~ came up and appealed to the Council for considera- tion in retain~inq the sign at the M~ina. After some further discussion Mr. Wallace moved that the T~quest of Mrs. Hall be g~anted and for the sign at Seamist Marina to remain until such time that she and others involved eould meet with ~he City Manager and come up with a proposal and solution for the existing p~oblem. ~4~. Stmnad seconded. Under discussion~ Mr. Roberts agreed with Mrs. Hall and felt that identifying signs such as the g~een ~No Th~u Trucks~' signs~ etc. should be placed at strategic points in the City~ adding that the question of cost might also be discussed with the fleet. Mayo~ DeLong agreed and noted that the fishing industry was an outstanding attraction in the City. M~. Ha~mening suggested putting a ~CharteT Fishing Capitaln sign at each end of the City along with the service club signs. Mayor DeLong said any of the Council members who desire to participate in the meeting on this subject would be welcome. Motion carried 5-0. M~. WJ].]~am Seholz, Pmesident of the LeisuTeville CondominiumApaTt- ment Association, asked that the item under OLDBUSINESS referring to his subject be deleted as it was coveted at the Workshop meeting the previous night. Mayor DeLong said the item would be stricken. BIDS Perimeter Pipe P~eplacement - Wilson Pool Mr. Kohl noted that this item had gone out for bids twiee -- November 27, 197~ and JanUary 25: 1974. No bids were received and he recom- mended that this job be negotiated on time and materials basis. Aaron -5- MINU~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA~ HELD DiT CITY HALL: TUESDAY~ FEBRUARY 5~ 1974. Douglas and Hardrives were contacted and both stated they would not be interested. Rule Pool would only accept the job on a time and material basis. Mr. Kohl asked if he could proceed along these lines. Mr. Wallace asked if there was any estimate made as to the time needed in order to arrive at a cost factor. Fir. Kohl advised that money was budgeted for this work and that a study would be made by the Engineering Department regarding the approximate time involved and a report would be presented to Council before proceeding. Mr. Wallace moved to grant the City Manager's request to negotiate with Rule Pool, seconded by M~. Ha~mening. Under diseussion~ it was clarified that the City Manager would bring this matter back to Council before proceeding. Motion ca, tied 5-0. paving and Drainage - N.E. 7th Street Mr. Kohl said the~e were no bids on this item and said there is a problem in getting bids on many of the projects in the City due to the work load and unavailability of materials. He said this would be the opportune time to include the letters which Council directed him to send several weeks back regarding Sanitary Sewer Extensions - N.E. 7th Avenue~ at ~niehtime no bids were received. He referred to the responses ~eceived which the Councilmembers had before them. Mr. Kohl suggeSted that he be pez~itted to negotiate for this paving and drainage project. He would come back with the cost factor for Council's review before proceeding. Mr. Wallace moved to grant the City Manager's request as stated above, seconded by Mr. Roberts. No discussion. Motion carried 5-0. Reel Type Mower - 84~ Mr. Kohl said bids were opened on January 25:1974 for this item. The Tabulation Committee recommends awarding this to the low bidder, Smitty's Service Shop~ who submitted their bid of $1:730400o Funds were budgeted in account ~200-514.05 in the amount of $2,000.00~ therefore, funds are available for this item. Mr. Kohl referred to the Tabulation Sheet and affidavit from Smitty's Service Shop, which Council members had before them. He concurred with the ~econrnendation of the Tabulation Committee. Other bids received were from Boynton Lawn Mower - $1, 890.00; DeBra Enterprises, Inc. - $1~895.00; Engineering Machine Company, Inc. - no bid; The Garden Store - $1~766.60; Maury's Tool Chest - $1,775.00. Mr. Harmening moved to accept the City Manager's recommendation to award the bid to Smitty's Service Shop in the amount of $1,7D0.00, seconded by Mr. Strnad. No discussion. Motion carried 5-0. Sanitary Sewer Replacement E. Ocean Ave. Between Seacrest & N.E.lst St. Mr. Kohl refezTed to his letter ~or the agenda with an attached tabulation sheet for Council's perusal and a recommendation from the MIN~dTES OF RECJdLAK CITY COUNCIL ME~£LNG OF THE CITY OF BOYNTON BEACH. FLORIDA: HELD AT CITY HALL~ TUESDAY, FEBRi~Y 5, 1974. City's Engineering Aide, indicating that the bids submitted were considerably higher than estimated. Also attached was the Engineering Department's recommendation and explanation indicating the changes that will have to be eliminated from the original bid in order to bring it in line with the budgeted amount of $16~808.10. Mir. Kohl recommended re-bidding this item as ~ecommended by the Engineering Aide~ and approved by Tom Clark~ City Engineer. After the agenda was corrected to read N.E. 1st Street instead of N.E. 7th Street, Mr. Wallace asked if the City would have to do addi- tional work later if certain things were omitted now. Mr. Kohl said the Engineers advised that the City could probably get along by eliminating the pipe replacement on E. Ocean Avenue and just construct a new manhole at the center of the ~un. Mr. Wallace questioned why the Work was requested originally and Mr. Kohl explained that the line was old, but the Engineers felt they could t~y to get by vrith it. Discussion ensued regarding the possibility of using Lauderdale Const~etion's unit prices and Mr, Harmening said he would speak to the Consulting Engineer about this. After further discussion, Mr. Harmening moved to table this item, seconded by Mr. Roberts. After some discussion clarifying the location involved, Mr. Wallace questioned what would happen to the bid structure if this item was tabled. It was clarified that the current bids did not have to be accepted -- they were rejected and the matter was re~erred back to the City FL~nager and City Engineer, with Mr. Harmening contacting Mr. Klinck Z~garding Lauder- dale Construction's unit pricing. Motion carried 5-0. Cemetery Annex Sprinkler System Mr. Kohl referred to the Tabulation Sheet before Council as well as all pertinent information regarding this item. He concurred ~rith the Cemetery Board's recommendation that the low bid be awarded to Rain- drops Sprinkler, Inc. in the amount of $4:970.00 for which funds were available in the Cemetery Board Funds. Other bids received were from Sunrise Sprinkler & Well - $6~ 968.00 and ]Cilpatrick Lawn Sprinkler - $6~ 051.00. Mr. Wallace moved to accept the City Manager's recommendation~ seconded by Mr. Harmening. No discussion. Motion carried 5-0. PUBLIC HEARING None. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING Qrdinance No. 73-60 - Re: Noise Abatement (Tabled) Mr. Roberts moved to take this item from the tabte~ seconded by Mr. MIS~J~ES OF REGULAR CITY CO%~CIL MEETING OF THE CITY OF B0~ON BEACH, FLORIDA~ HELD AT CITY HALL, T~ESDAY, FEBRUARY 5, 1974. Wallace. No discussion. Motion carried 5-0. Mr. Simon read Ordinance No. 73-60 on second reading by Caption only -- An Ordinance of the City of Boynton Beach, Fiorida~ Amendinq Section 17-22.2 of Chapter 17 of the Codified Ordinances of Said City by ~mending Subsection (i) and by Adding an Additional Subsection (j) to Prohibit any Building~ Construction, Commercials Industrial or M~unu~acturing Operation of Certain Machinery or Equipment Be~,~een the Hours of 7:00 P.M. and 8:00 A.M. and to Further Prohibit Building Construction on Sundays and Legal Holidays~ etc. Mayo~ DeLong asked those in the audience who wished to speak in favor or in opposition to this Ordinance to come forward. Mr. Wallace felt Council should clarify the intent of this Ordinance for the benefit of the audience. He asked if a company now doing business in the City with hours that vary from this specific Ordinance, does this mean that their hours will have to combine or come to this ordinance, or are they grandfathered? I~ a company is also in what is described as an industrial area, does this Ordinance restrict them? Is it a complete coverage of everything throughout the City? Mr. Simon said there is no provision for grandfathering. It applies equally throughout the City~ no matter what occupation or business is involved. Sub-paragraph (i) which provides for the hours of 7:00 P.M. to 8:00 A.M. for confining the noise or sound %within the premises is the same ordinance as was already in the Code, except for changing the hours. These hours would be applicable to every business enter- prise in the City~ whether they are already in operation or not. Sub-section (j) applies equally again to any and al!industry or co,mercia! enterprise or the operation of any one of those items of equipment as listed, Mayor DeLong again invited those in the audience who wm~hed to speak for or against this Ordinance to come forward. Richard (Bud) Fortman~ Gulfstream Lumber Company, reiterated the comments made at the last Council meeting rsgarding a cost to this com- pany of approximately $100~ 000 per year in payroll if they have to move from.a 7 to 8:00 A.M. starting time. He said it was brought out that this company caused no problem and he asked i~ the $,rdinance would force them to star~ at the new time. Mr. Simon read the applicable porticos, of the Ordinance in question and explained that if the sound was?9,nfinedwithinthe premgses of the company, t~y would not be prohibited from operating. It was clari- fied that there have not been any problems under the existing Ordinance and there probably would be none under this ameudment. Mayor DeLong acknowledged that there were extenuating circumstances and every consideration would be given in these instances. Mr. Roberts pointed out that Gul~streamwas in an industrial zone, away from other MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CIT~ OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL~ TUESDAY, FEBRUARY 5, 1974. buildings and he felt there should be no p~oblem. He also complimented Gulfstream's landscaping which should be attributed in part to the efforts of the Community Appearance Board. Mr. Harmening questioned the hours as there had been some discussion at the ~rkshoP meetfu~g and it was clarified that they would remain as stated in the Ordinance. Mr. Wallace asked how complaints would be handled from z~$idents living near fishing areas where there might be noise from a motor boat early in the morning and it was felt this would have to be handled on an individual basis. Mr. Jer~T~ Jackson, Attorney for Rinker Materials Corporation s~id that P~inker was concerned about this ordinance and asked for the distinction between sound and noise. He noted that many p~og~essive cities and counties in Florida and around the nation have answered this question by stating the need to establish standards and criteria as prescribed by a court of law -- this is normally in the form of decibel ratings or standards. He said the letter Rinker submitted for the record at the p~eceding meeting still stands and felt that Boynton should tailor its noise ordinance using the decibel system. He felt the enforcement of this Ordinance depended upon how it was interpreted on an individual basis. Mr. Roberts and Mayor DeLong felt the Ordinance would only he as good as the Courts upheld it to be and i~ there were any questions after it was enacted, it could always be challenged. Mr. Gil Eckert, representing Hampshire Gardens, noted that this Ordinance didn't cover noise from lounges and asked how this situation could be handled. Mr. Roberts said this would be handled by the local law enforcement agency and Mayor DeLong referred to an article in the newspaper of a similar nature where some arrests had been made. Mr. Simon read the portion of the Ordinance applicable to such situations and Mr. Eckert complained that the problem near Hampshire Gardens had not been solved after two investigations by the Police. After some further discussion~ Mayor DeLong suggested that several of the residents be present at the same time as the police so there are several witnesses to the noise. Mr. Harmening referred to special checks made at the location in question several months ago after the Ordinance was initially passed and he said he w~]ld hel~to get the situation resolved, along with another Council member a~dthe City Manager. Mr. Strnad felt discussion about the terms ~noise~ and ~sound" was too tee2qnicaland that the word ~nuisance~ should be used when referring to any of these complaints. Mr. Floyd Van Deusen~ 227 N.E. 22nd Avenue~ said that east of the tracks' on 22nd Avenue there is a sign that says ~No Trucksn but there is none on the west side. He then complained of the noise made by the air brakes on trucks early in the mo~n/ng when they turn the corner on 2nd Court. Mayor DeLong said this matter would be handled MIAWdTES OF REGULAR CITY COUNCIL MEETING OP THE CITY OF BOYNTON BEACH: FIORIDA~ HELD AT CITY HALL, TUESDAY, FEBRUARY 5~ 1974. by the City Manager. PLr. Roberts moved to adopt O~dinance No. 73-60 on second reading, seconded by Mr. Strnad. Ihlder discussions Mr. Harmening again asked for clarification on the hours -- would they be 7:00 P.M. to 8:00 A.M. or 8:00 P.M. to 8:00 A.M. MD. S/mon said they would be the same as in first reading -- 7:00 P.M. to 8:00 A.M. Mayor DeLong said it would be up to Council whether they would like the hours changed and Mr. Simon explained that under the procedures for adopting ordinances~ it is required to hold public hearing not less than 14 days after publishing notice. In the public notice the hours were 7:00 P.M. to 8:00 A.M. and this would have to be readvertised if changed. After fu-~ther d/sCussion, Mr. Roberts called for the question ~nd Mrs. Padgett conducted the roll call vote as follows: Councilman Harmen/ng Vice Mayor Roberts Councilman St~nad Councilman Wallace Mayor DeLong Aye Aye Aye No -- On the basis of the interpretation from '~,h.e City Attorney. Aye Motion carried 4-1: Mr. Wallace dissenting. 0rdinanee No. 74-1 - Re: Acceptance of Final Plat (Shaker Heights) Mr. S/mon read Ordinance No. 74-1 on second reading by caption only -- An Ordinance of the City of Boynton Beach, Florida, Approving Plat of. Shaker Heights, etc. Mayor DeLong invited all those in favor or against this Ordinance to speak in public hearing. No response. Mr. Roberts moved for the adoption of Ordinance No. 74-1, on second reading~ seconded by Mm. Harmening. No discussion. Mrs. Padgett conducted the roll call vote as follows: Councilman Harmening - Aye Vice Mayor Roberts - Aye Councilman Strnad - Aye Councilman Wallace - Aye Mayor DeLong - Aye Motion carried 5-0. Mayor DeLong recognized a member of the audience who wished to speak. Mr. Lee Mandel~ Director of the Senior Citizens Coooerative, said he doesn't live in Boynton Beach~ but has been trying to address the Council since the Janua~y7th meeting. His reason for appearing tonight was that his true< operating inBoynton Beach providing io~ cost fish for senior citizen~ wasremovedby an o~ficer in the License Department. - 8- M~dTES 0F REGULAR CITY COUNCIL MEETING OF THE CItY 0P BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, FEBRUARY 5, 1974. He said a letter was sent in October to Boynton Beach: as well as all the other municipalities in the County~ as ~king i~ each town as a matter of public reco~d would provide this group license to do business therein without charge. Since then:' the othe~ 56 municipalities have answered, in the affiz~aative. In November a M~. Craig brought Mr. Mandel to City ~ and it was noted that the~e was no record of having received the a~orem~ntioned latter. Mr. Mandel said he then filled out an application for a license end requested an opportunity to address the Council to determine if Boynton wanted to go along with the other munieipalities. M~. Mandel said nothing had come of this other than the incident this mo~ning when Mr. Craig of the License Depaz~-ment asked that the truck be removed under penalty of law, which was done. Mr. Mandel then presented the City Clerk with copies of his other occu- pational licenses since he was notified by the License Department that these were necessary to be licensed in Boynton Beach. Mr. Mandel said the Cooperative also supplies the services of a clinic to Sr. citizens at reduced cost. Mayor DeLong asked for the feelings o£ the Council. Mx. Strnad said he'd like to have the matter tabled until he knew more about it. Mayor DeLong said he would like to expedite the matter for the benefit of those who use this services but he did not want the City Man~ger~s office bypassed. Mr. Wallace said since he was also unfamiliar with this situation~ he would prefer the matter be referred back"bo the City Manager to go through the proper channels end then be presented to Couneol. Messrs. Roberts and Harmening agreed end the matter was referred to the City Manager with the request that M~. Mandel make an appointment to see Mr. Kohl. Mr. Mandel asked if he would continue his schedule on an interim basis until a decision was made end he was advised that the City Manager would handle the matter accordingly~ and would eon- tact the Council as necessary so there would be no delay. 0rdin~nce No. 74-2 - Re: Declaration of Intent to Annex (St. Andrews) Mm. Simon read Ordinance No. 74-2 on second reading by caption only -- An Ordinance of the City of Boynton Beach: Florida, Declaring the In- tention of Said City to Extend its Municipal Territorial Limits by the Annexation of a Certain unincorporated Tract of Land Containing Less than Ten Registered Voters, Lying Contiguous Thereto and Within Palm Beach County~ Plorida~ to wit: A parcel of Land in Lot II, Benson Brothers Subdivision: more Particu!a~ly Described Hereinafter~ eta. Mayor DeLong asked if anyone in the audience wished to speak for or against this Ordinance. No response. Mr. Harmening moved for the adoption of Ordinance No. 74-2 on second reading~ seconded by Mr. Wallace. No discussion. Mrs. Padgett conducted the roll ca] ] vote MIAT~ES OF REGULAR CITY COUNCIL MEETING OF THE CItY OF BOYNTON BEACH, FLORIDA~ HELD AT CITY HALLs TUESDAY, FEBRUARY 5, 1974. as follows: Councilman Ha~mening Vice Mayor Roberts Councilman Strnad Councilman Wallace Mayor DeLong Aye Aye Aye Aye Motion carried 5-0. Ordinances - 1st Reading Ordinance No. 75- Re: Employee Disability Insurance Mr. Roberts said he had hoped this item would be held up as he did some investigating and no one has had very much information on it for approximately ten years. He therefore felt there should be a workshop meeting for Council to get all the facts. He said he had also spoken to several other local ~%surance agents and that it was pre- mature to act on this item before it was more thoroughly investigated. Mrs. Padgett advised that Mr. DeC~nio had ~equested to speak on this item and Mayor DeLong asked that He save hms comments for the work- shop meeting to be set up. Me said the Council was as interested as the employees in getting this plan adopted, but from all indications, he felt it was best To wait. Mr. DeCanio requested that he not wait because the matter has been going on for two years and he wished to speak to Council this evening. Mayor DeLong said he would permit Mr. DeCanio to speak, but the matter would not be put to Council tonight for final solution. Mr. Sal DeCanio~ 3211 Fernwood Ercive, Boynton Beach, recounted the events that took place since the January !5th meeting at which Council voted to approve a plan which he had before each member at the time. He said at Council's ins~ructions~ he had arranged an appointment with the City Manager to arrange a date for implentation of the plan which was to be February 1st. The Personnel Department had several hundred enrollment cards typed and signed by the City employees. He said he also had a signed application by a representative of the City and asked if when Council instructed him to meet with the City Manager, this wasn't an award of this insurance prog~em. Mayor DeLong said Council had received additional information since that time which would be made public and if he had the information prior to the action by the Council, he would not have voted for the plan under the conditions related in the memo fo~arded to each member. He therefore recommended Council resci~ its previous action and consider the matter. A~ter further explanation by Mr. DeCanio concerting the various types of insurance companies and policies, Mr. Roberts said while the Council approved disability insurance for the employees~ it was at their - 10 - M//NWdTES OF REG~dLAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA: HELD AT CITY HALL, TUESDAY, PEB~UARY 5, 1974. discretion when it would be implemented. Purthermore: this is a $10,000 item and Council has no authority to spend this without a bid. He also said that Mr. DeCanio was a member of the Pension Board and he felt there might be a conflict of interest. Piayor DeLong then read Mr. DeCanio the memorandum written by Mr. Kohl to the Council members after the January 15th meeting. Reference was made to the Minutes of the Pension Board meeting of March 7, 1973 wherein Mr. DeCan/o= a Pension Board member, submitted bid results he had sent out with neither the bids nor specifications being turned over to the City. There is a possible conflict of interest with Mr. DeCanio being on the Board, coordinating the bids and having the bid awarded to himself. Reference was mede to the letterhead stationery showing Mm. DeCanio as President of the United invesco Co~poration~ a fi~m that specializes in insurance and retiz~ment planning. Mayor DeLong said he is still in favor of disability insurance a~ would like to see an even g~eater return to the City's employees. M~. DeCanio said he would like to answer the ir~e~ances implied in the memorandum. He said he had been serving on the City's Board of Pension Trustees long before this matter arose. Also~ the Minu~ es of the Board of Pension Trustees somewhere along the line will show that he asked directly of the Pension Board i~ there is going to be a conflict of interest, he would assist anyone but would absolve him- self from the picture. He was told that there was no conf!iet of interest. Mr. DeCanio felt that someone went to Mr. Kohl and said this. is what could be used aga/nst him in this project. Mayor DeLon~.said he had nothing to do with this and it was his in- tention si~ing in as the Chaiz~nan of the Pension Board, which is one of the duties o~ the Mayor, to come to an amicable ag~ee/nent. He felt any Council member receiving such a memorandum would give this ~tter second thoughts. M~. DeCanio felt the Mayor should have attended the Pension Board meetings as Vice Mayor in preparation for the Chairmanship end Mayor DeLong said it was not his assignment, but the duty of the Mayor at the time, except for one or two occasions when he sat in as a sub- stitute when the PL~yor couldn't be present. He reiterated that he was not involved in this matter. Mr. Wallace felt it would serve the best interest of all parties con- oerned if the matter concerning conflict of interest could be clari- fied: however, one of the problems that could not be solved this evening which may have a possible bearing on the outcome is that the item should go out for bid. Mr. Wallace then moved to table this item and refer it to a workshop so that these problems could be ironed out to the best interest of the personnel within the City with regard to insurance: adding that the Mayor and Mr. DeCanio as repre- sentative be present. Mr. DeCanio felt a great deal of embarrassment was promulgated by the Council's action at the January 15th meetLug and the ensuing events !1- MINU~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FIDRIDA~ HELD AT C~TY HALL, TUESDAY, FEBRUARY 5, 1974. wherein the Personnel Director advised the employees that the disability program would be~in on February 1st and had them sign enro~t cards~ a leading ~epresentative of the company met with Mr. Kohl and Decanio felt his own credibility had been damaged. Mayom DeLong reiterated that he was not involved in this situation and spoke of his past experience with disability programs. His thought in this ease was that the amount of pension an employee is entitled to is what the disability is predicated upon and he was very interested in this mattem because he felt if the pension for the City's employees was increased, the disability insurance would follow suit, thereby increasing any benefits currently received. He said Council was most interested in this matter and it would not be delayed any more than necessary. Mr. DeCanio asked to go on record in accordance with Mr. Wallaoe~s recommendation, stating that the first thing to be done is that specifications have to be drawn as to the kind of plan wanted~ next a new up-to-date employee census must be taken; Mr. DeCanio said he would be glad to furnish Council with a list of companies to contact. He said as soon as the bid goes out~ City Hall would be filled with insurance agents, himself included. He guessed there would be possibly four company bids and the Council would still be in a quandary as to whether or not the bids met the specifications proposed. He offered his help and the facilities of his office in an unqualified manner to take part in the hidding process. Having spoken to the City, Attorney, Mr. Wallace moved to table this item and turn it over to a workshop as soon as possible: adding that there is the possibility that the situation can be worked out amiably as far as all pa~cies are concerned. Mr. Harmening seconded. No discussion. Motion carried 5-0. Ordinance No. 74-5 - Re: Amending Retirement Age. Mr. DeCanio came forward again to speak on this subject, advising that Mr. Gable of Retirement Plans, Inc, met with the Pension Board about five or six weeks ago. He is the City's Retirement Plans Advisor and they discussed the ramifications of lowering the retirement age to 55~ Current retirement age is 65 ~th early retirement at a reduced benefit which could be taken at age 60. Mr. Gable's remarks to the Pension Board were that it would not significantly affect the cost~ at least not at the outset. It would depend on what people leave and are hired. If this Ordinance is passed, an employee would be able to take a further reduced retirement at age 55 rather than 60. He said 'this ac- tion was taken because it was felt there would be more and more re- tirement ages averaging 56 to 58 in the next five years. It was felt since there was no cost to the City or the employee, the ~mployee should have the option o~ early retirement, particularly if he is ill. A~ter further discussion, Council agreed that the Ordinance should be read. MIRUdTES OF REGULk~ CITY COUNCIL MEETIN~ OF THE CITY OF BOYNTON BEACH~ FLORIDA~ HELD AT CITY HALL, T~ESDAY, FEBRLLulAY 5, 1974. Fir. Simon read Ordinance No. 74-3 on first reading in its entirety -- An Ordinance of the City of Boynton Beach~ Florida: Amending Section 21-50 of Chapter 21 of the Codified Ordinances of Said City Pertaining to the Employees Pension Fund by Changing the Early Retirement Age from 60 Years to 55 Years~ etc. Yin. Hammening moved for the adoption of Ordinance No. 74-3 on first reading, seconded by Mr. Wallace. No discussion. Mrs. Padgett con- ducted the roll call vote as follows: Councilman Harmening Vice Mayor Roberts Counci/man Strnad Councilman Wallace Mayor DeLong Aye Aye aye Aye Aye Motion carried 5-0. Mr. Simon advised that he had another ordinance to read concerning determination of total and permanent disability which was separate from the Ordinance on disability insurance which was tabled earlier. This item was not on the agenda and discussion ensued among Council to clarify when this matter should be handled. Mr. Simon advised that this was not part of the Ordinance to be discussed at the Work- shop meeting. Mr. DeCanio concurred that these two Ordinances were unrelated. Council decided to take this matter up under LEGAL ~Other'~. Ordinance No. 74-4 - Re: Deposit Required by DeveloPers Mr. Simon read Ordinance No. 74-4 on first reading -- An Ordinance of the City of Boynton Beach: Florida, Amending Chapter 5 of the Codified Ordinances of Said City by Adding Section 5-4 to Require a $100 Clean-up Bond Prior to the Issuance of Building Permit: etc. Mr. Wallace suggested that there be a provision for weekly clean-up in the Ordinance and Mr. Simon said after discussion with Mr. Barrett~ this was included ~ the revised copy which he had just read. Mr. Wallace moved to adopt Ordinance No. 74-4 on first reading, seconded by Mr. Strnad. Under discussion: Mr. Harmening felt this 0~dinance was redundant as there were as many ordinances presently under the Code as was necessary to make developers comply and they should be enforced. He felt those who enforce the law will become confused as to which law to use. Mr. Strnad suggested when the builders apply for their building permits, they be given a notice stating they must keep their place in order ~nd it was noted that the City M~uager would make up such a form of requirements. After some discussion, it was further clarified that the Building Department would see that this law is complied with. Mrs. Padgett conducted the roll call vote as follows: - 13 - MINWdTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA~ MELD AT CiTY HALL~ T~ESDAY~ FEBRUARY 5, 1974. Councilman Harmening Vice MayorRoberts Councilman Strnad Councilman Wallace Mayor DeLong Aye Aye Aye Aye Aye Motion carried 5-0. Resolutions None, Other Discuss Ordinance No. 75-36 - Re: Interim Service and Facilities Fees (Mayor) This item was deleted as it had been discussed at the workshop meeting of the preceding day. Ordinance No. 74-5 - Re: Pension Credit for Total & Pez~nanent Disability Mr. Simon read Ozxtinance No. 74-5 in its entirety on first reading -- An Ordinance of the City of Boynton Beach, Florida~ Amending Sections 21-25 and 21-55 of Chapter 21 of the Codified Ordinances of Said City~ Pertaining to the MunicipalEmptoyees Pension Plan, Providing for the Vesting of Pension Credit in the Event of Total and Permanent Disability~ etc. Mr. Harmening moved for the adoption of Ordinance No. 74-5 on first reading, seconded by Mr. Roberts. Under discussion: Mr. Wallace asked if there was any tie-in between age 65 and age 55 in regard to the Ordinance passed earlier, No. 74-3 and Mr. Simon said the Ordinances were separable. Mrs. Padgett conducted the roll call vote aS follows: Councilman Harmening ViceMayor Roberts Councilman St~nad Councilman Wallace Mayor DeLong Aye Aye Aye Aye Aye Motion carried 5-0. Mr. Strnad said it was brought to his attention that various Boards within the City were turning off their tape recorders during the course of the meeting and he felt if the business discussed was not pertinent~ it should be discussed before or after the meeting. He felt everything that goes on during a meeting should be taped. Dis- cussion ensued during which Mr. Wallace clarified that there was one -14- MINL~ES OF REGHLAR CITY CO~CIL }~ETING OF THE CItY OF BOYNTON BEACH, FLORIDA, HELD ~T CITY HALL, TUESDAY; FEBRUARY 5, 1974. instance where the tape was not deliberately turned off and where a letter was re, erred to but not read. It was noted that this was not the instance referred to by Mr. Strnad and further clarification was made that Council requests once each Board meeting starts and the tape is turned on~ it is to be continued throughout the meeting. Mr. Simon advised that he had received notice of withdrawal of the Village Royale sign suit.~ that had been ongoing and Council would reeeive copies in the mail. He said they also filed a notice of withdrawal in regard to their appeal to the Municipal Court conviction as well. He clarified that these were two different matters -- one was a civil m~tter and the other a criminal action. The appeal has been withdra~n by the defendant and the plaintiff has withdrawn his SUit. Reques~ from Planning g Zoning Board Mr. Fred Kostner: 140 D High Point North~ Boynton Beach~ Chairmmn of the Planning g Zoning Board, referred to a letter he had written for Council dated January 51~ 1974, which he read in part as follows: '%il applications for ~nnexation to the City of Boynton Beach shall be directed to the City Manager for referral to the City Council for its consideration. The City Council may at that time refer this application to the Planning & Zoning Board for its review and recommendation.~ Since this letter was addressed to the Council, M~. Kostner said it has come to his attention that a report had been written by Travis E. Killgore~ former City Manager, dated June, 1972, consisting of approximately 16 pages and cove~ a great deal regarding annexation. It chiefly concerns department ~ds but there is nothing w%th respect to guidelines or procedurals thereto. The contents of this report were adopted and known as Resolution No. 72-T and passed October 2~ 1972 by a former Council. He didn't know if an Ordinance was passed regarding this matter and felt he was fortunate in getting this Lnformation from Vice Chairman Kelly, who also gave hirg a memo per- raining to annexation. Mr. Kostner felt it would be helpful and important to have such guidelines and appealed to the Council for a complete procedural g~ideline on annexation for all department heads and for the benefit of any applicant wishing to come into the City. I~r. Roberts believed that Mr. Kiltgore~s directive had been rescinded earlier in the year and that the procedure was pretty well spelled out in the Charter. After further discussion clarR~ying that the matter would be referred to the City Manager to have the appropriate notifications made, Mr. Harmening moved to accept the recommendation of the Chairman and members of the Planning & Zoning Board insofar as all annexations to the City of Boynton Beach are concerned. Mr. Wallace seconded. No discussion. Motion carried 5-0. 15 - MIRRJTES OF REGULAR CITY COLLMCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL~ TUESDAY, FEBRUARY 5~ 1974. OLD BUSINESS Discuss Plans g Specifications for Public Buildings (Mayor DeLong) After some discussion and at the request of Mayor DeLong~ Mr. Wallace moved to turn this matter over to the City Manager for the drafting of an Ordinance to be presented to the Council, a~ter working in con- junction with the City Attorney and Building Official, wherein a system would be devised for the approval of plans and specifications by the Building Department on all public buildings before invitations for bids are sent out, Mr. Strnad seconded. No discussion. Motion carried 5-0. Complete City Board Appointments Mr. Strnad submitted the following names as presented to him by the Chairman of the Community Appearance Board to fill in the existing vacancies, adding that these people have all agreed to serve if the Council approves: Mr. Anton Hoel (Requ!ar) - Certified Engineer/Technician and Office Manager~ Smith g Twilly~ Architects Mrs. Marian Wollenweber - Colonial Club and former member of Tamamac Beautification Committee Mr. Ken Sharon - i25 N.W. 10th Avenue~ Botanist and Numseryman Mr. Roberts asked if Mr. Kiernan was alSo going to be suggested as an alter~ate as his name had been brought up at the workshop meeting the night before. After some discussion, it was decided that Mr. Ray Kiernan, 155 High Point Blvd., would also be included as an alternate. Mr. Simon Ryder, 2579 S.W. !3th Avenue, suggested leaving the appoint- ments up to the Chairman of the Board as to who becomes a ~eguta~ or an alternate member and it might be more beneficial to move an alternate member up rather than take a new incoming regular. Mayor DeLong disagreed and felt Council should stand behind the appointments they make. Also, it is political enough and he felt the Boards should not be turned into a political entity also. In the case of the Com- munity Appearance Board, he felt this Board was in a better position to suggest the best appointees. After further discussion, Mr. Wallace moved to accept the appointments suggested by the Chairman of the Co~nunity Appearance Board, seconded by Mr. Strnad -- including one regular and three alternate members. No discussion, and the motion carried 5-0. Mr. Roberts referred to a letter addressed to Mayor DeLong which stated that another member was needed on the Building Board, since 1S- MINI~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL, TUESDAY, FEBRIIRRY 5~ 1974. Mr. John Churey did not attend the meetings and was dropped from the Board. Mr. Gerald Staley was suggested to fill the vacancy, however, there was some question as to his avai!abi!ity~ so the matter was turned over to the City Manager for h~ndling administratively. ~lr. Tom Canavan spoke from the audience and suggested that the City Manager review all of the Boards; he said the Plumbing Boa~dhad two vacancies -- one for Chairmanand anmther as a Board member. Mr. Kohl made note of this. Mayor DeLong then submitted the name of Mr. Albert Puria as an alternate member for the Civil Service Board. Mr. Ful~ia volunteered his services and lives at 2089 S.W. 13th Terrace, Leisurevi!le. Mayor DeLong said his background includes 35 years with Social Security in the Pension Depal*cment. Mr. Strnad moved to ~rant the Mayor's recommendation: seconded by Mr. Wallace. No discussion. Motion carried 5-0. Discuss Architectural Design of the Library Mr. Kohlreferred tc his letter for the agenda in which he said according to present plans, there was an oversight above the double doors on the south side of the building regarding a flat roof which the architects call an ~eyebrow.~ This was brouqht to the City Manager's attention and he discussed the matter ~ith the architect and Mrs. Famaee, the Library Director: both of whom advocate the semi-circle above the double doors. This change would cost approxi- mately $1:000.00. Mr. Kohl recommended this change order he made and requested Council's approval to proceed. He felt this work should be done now rather than wait until the huildin~ is completed, as going out for hid later on would undoubtedly cost about $5-4:000. A~ter acme di~¢~ssion: Mr. Roberts moved to approve the change order for the architectural design as recommended by the City Manager~ seconded by Mr. Harmening. Hnder discussion, Mr. Wallace asked if this had already been done. It was clarified that the work had been started and it Wasn't known if it was completed as yet. Mr. Wallace asked if there were any other areas in the City where changes have been made as far as building design~ cost factors, etc. where work has been begun and Council is not aware of it. It was stated that the only area know about was the dog pound on which a change order was issued. Mr. Wallace was concerned about changes he had been advised that were made at the Wilson Center which had not been cleared by the City and discussion ensued regardin~ whether or not they were changes in design and cost. Mr. Wallace stressed that any time there was a change zn policy or that has to do with the interpretation of policy, all members of the Council should be polled as far as a decision. If it is then decided by the City Manager that these changes should transpire, or take place, he could then move and come hack to Council for official action. Mr. Wallace said he would like to bring this idea up under OTHER and requested going ahead with the motion. Motion carried 5-0 and Mr. Wallace stated that since the work has already been started~ he was not opposed to it. - 17 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BO~ON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, FEBRUARY 5: 1974. Mr. Roberts asked if there was anything on the books that allows the City Manager to spend u.p.to $1, 000 without Council approval. Mr. Wallace said yes and ~ it is $1~ 000 or more, it should come back to Council with a recommendation. M~. DeLong agreed but noted that sometimes there are extenuating circumstances and Fir. Wallace said he realized this~ but the City should ~bide by its policy to avoid difficulty as in past situations. Appointments to Employees Pension Board After some discussion among Council~ it was decided to hold this in abeyance until the next meeting. NEW BHSiNESS Request of Foresight~ Inc. Mr. Kohl referred to his letter for the agenda and pertinent corres- pondence before Couneii regarding proposed shoreline improvements, East Shore Intracoastal Waterway, St. Ar~rews C!ub~ Boynton Beach. Mr. Kohl said this has been discussed with the department heads involved and they have no objections to the proposed improvements. The DepartTnent of Internal Improvements requires that complete biological survey report must be read into the record according to Chapter 255~ Florida Statutes and the City Attorney advised they are correct. Mr. Kohl theren~ore recommended approval of this permit subject to the approval of all other regulatory agencies. Mr. Roberts moved to accept the recommendation of the City Manager, seconded by ~. Harmening. Discussion ensued during which it was clarified that the work to be done was in fact on the eastern shore- line of the Intracoastal, although such shoreline is west of the project. Mr. Kohl then/read the biological survey report into the record, copy of which is attached hereto. Motion carried 5-0. ADMINISTRATIVE Authorization Requested for Change Orders 3 & 4 - Re: Sanitary Sewer Extension Mr. Kohl read his letter for the agenda in which he referred to corres- pondence from Russell & Axon and Change Orders No. 5 g 4 with attach- ments which were be~ore Council. He reminded Council that no bids were received on the sanitary sewer service for property along N.E. 7th Avenue end Council at the suggestion of Couneiiman Harmening at the Regular Meeting o~ December 18~ 1973~ directed Mr. Kohl to negotiate with the Lauderdale Cont-~acting Co. to include this project in the present contract. Mr. Kohl recommended that the Mayor be authorized to sign these Change Orders for this project in the amount of $11~920.15 in order to proceed. Discussion ensued~ clarifying that this is an extension~ not the original~ and Mayor DeLong questioned where the funds were coming from - 18 - MIBRITES OF P..EGULAR CITY COUNCIL MEETING OF ~ CITY OF BOYNTON BEACH, FLORIDA~ HELD AT CITY HALL, T~ESDAY~ FEBRUARY 57 1974. so it could be added to the City Manager's reeommendations. Mr. Harmening asked if these extensions continue in front of the property on which Council passed front foot assessment. M~. Kohl said yes and it was clarified that they would be a part of the assessment. This was also to be included in the recommendations of the City Manager. P~r. Wallace moved to approve the recommendations of the City Manager, seconded by Mr. Ha~nening. M~yor DeLong included that the source of funds were to be noted by the City Manager on his r~commendation and F~. Ha~mening asked for assurance that the funds do come from the previously authorized front foot assessment or he would not be in favor of this. It was clarified that this would be done. Motion cs30ried 5-0. Consider Request to Purchase Four Packers Mr. Kohl read his letter for the agenda which is attached hereto. Mayor DeLong noted that this was an emergency situation and said from all indications, this is a terrific buy. He asked Mr. Simon how the City was situated from a legal standpoint regarding expendi- tures of this type without competitive bidding and Mr. Simon advised that current provisions are binding wherein all purchases over $!~ 000 must be made only after publishing an advertisement for bids thereon in a newspaper of general circulation not less than 8 days beforehand. Mayor DeLong said that provision becomes an Ordinance and is subject to repeal or rescinding which wo,~ld be the only way that a proposal such as this could be legally consummated. Mr. Kohl questioned why he was permitted to purchase items on an emergency basis in the past and why not now and Mayor DeLong felt it was due to the enormous expenditure in this case. He felt the current provision was too restrictive and that there should he an amendment to the ordinance to include purchases on an emergency basis. Discussion ensued as to what action should be taken due to the current status of equipment and Mayor DeLong asked if some emergency measures could he taken in this case. M~. Roberts suggested placing a deposit on the equipment and then go out to bid and Mr. Simon questioned how anyone could come up with a better price if this was as good a bargain as Mr. Kohl said. After further discussion about the bid procedure, Mr. Kohl explained the pos- sible tr~oblems in obtainJa~g this particular equipment. Mr. Ed Rooney, representative of Rowland Truck Equipment Company and Hell, manufacturer of the garbage bodies, explained that if the chassis was received by Rowland from Hei! ar~ BoyntonYs name is not on the chassis, he would have to pay over $1, 000 apiece in excise tax. If it is sold direct to the City with Boynton's name on it. he would not have to pay the excise tax. He said if these units were put out to bid, he would bid $2,000 high~ a minimum per unit. He added that he could sell these in Jacksonville tomorrow. - 19 - MINILTES OF P~EGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, FEBRU~Y 5, 1974. Discussion continued wherein Mr. Simon explained that this provision concerned purchase and sale and the procedure to be followed for obtaining appraisals and bids, and clarification was made that this Section 64 of the Cha~ter is now an Ordinance under the New Home Rule Powers Act. There was lengthy discussion and referral to the New Home Rule Powers Act while the Council and City Attorney detez~uined the best way to handle this situation. Mr. Kohl stressed that equipment is ha~d to get and noted that there would he an approximate $16,000 savings if these packers could be purchased at the lower price. Mayor DeLong appealed to the audience for a straw vote as to whether or not the City should go ahead and purchase these packers. The audience seemed to be in favor. After verifying that he would he in order, Mr. Wallace moved to amend Section 64 of the Cha~ter by increasing the amount from $1, 000 to $90,000, seconded by Mr. St~nad. Emergency Mr. Simon then read Emergency Ordinance No. 7~-6 -- an/Ordinance of the City of Boynton Beach: Florida, Amending Section 64 of the Charter of Said City by Increasing the ~mount for Purchases to be Submitted to Bid to $90,00C: etc. Mr. Wallace moved ~o adopt Emergency Ordinance No. 74-6 on first and final reading, seconded by Mr. Strnad. Mayor DeLong noted this would take four votes for approval. Mrs. Padgett conducted the roll call vote as follows: Co%uueilman Harmening Vice Mayor Roberts Councilman Strnad Councilman Wallace Mayor DeLong Motion carried 5-0. Aye Aye Aye Aye Aye After some further discussion: Mr. Wallace moved that the City Manager's request for the purchase of four packers be granted, seconded by Mr. Strnad. No discussion. Motion carried 5-0. Mr. Wallace then moved to authorize the City Manager to go out for bid for three additional packers per his request, seconded by Mr. Roberts. No discussion. Motion ca,tied 5-0. Consider Request of Boynton Beach Child Care Center After lengthy discussion during which Mr. Wallace expressed his concern in regard to leasing the property in question, Mt. Wallace requested that the matter be studied administratively with the idea of Federal grants in mind to cover this entire concept. He felt although this was not a City project, if the City wished to follow this direction in the future, it would not be duplicating services by making a total study n~. - 20 - MINUTES OP REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH: FLORIDA, HELD AT CITY HALL~ TUESDAY, PEBRU3L~f 5, 1974, Following some additional comment~ the matter was turned over to the City Managem to be handled administratively with a ~epo~t to be brought back to Council at the next meeting. Consider Request of U.S. Department of Justice Mr. Kohl's letter rom the agenda noted that Captain William Hamilton had be~u selected as a candidate for attendance at the next session of the P.B.I. National Academy. All expenses are paid by the F.B.I. However~ Captain Hamilton will remain on the City's pa~oll for this period in o~der to take care of his financial obligatiorm in the City as welt as the needs of his family. Mr. Kohl congratulated Captain Hamilton and recommended that he be permitted to accept this invitation from the Federal Bureau of Investigation from April I thru June 21: 1974. Mr. Wallace moved to approve the reconmmendation of the City Manager- concern/rig the above, seconded by Mr. Haz~nen/ng. Mr. Wallace noted that Captain Hamilton would be with the City for another three years according to a clause contained with regard to this invitation: so the City was not giving something aw~y for nothing. Motion carried 5-0. Mr. Harmen//lg noted that Captain Hamilton requested reimbursement for a few incidentals and Mr. Kohl said this has been handled in another way. Consider-Purchase of P~operty for 1-95 Utilities Relocation Mr. Kohl referred to his letter for the agenda, noting that Mrs. E. H. Jung is donating one parcel of land to the City for the relocated utilities. Mr. Wa]beck has set a price of $2:800.00 for his panel of land~ also needed for this purpose. This is reimburseable by the Department of Trnasportation. Mr. Kohl recommended accepting the Asst. City Engineer's recommendation to purchase Lot 11 in the amount of $2~800 and accept Lot D for the need to proceed with 1-95. Mr. Wallace moved to accept the recommendation of the City Manager regarding the purchase of property for 1-95 utilities relocation: seconded by Mr. Harmening. ~nder discussion, Mr. Harmening asked if this property had been appraised and Mr. Kohl said yes. Motion carried 5-0. Consider Resolution - Re: New Position - Classified Service Referring to his letter for the agenda and Mm. Sul]~van's recommendation that the pay grade for Electrician be ~4 which is $4.03 per hour~ thereby establishing this as a regular Civil Service job, Mr. Kohl recommended approval be granted and the City Attorney be adv/sed to draw up the necessary resolution for the next meeting. I~r. Wallace moved to accept the recommendation of the City Manager per the request of the Personnel Director above: seconded by Fir. Har~nening. No discussion. Motion carried 5-0. - 21 - MINU~ES OF REGULAR CITY COUNCIL M~ETING OF THE CH OF BOYNTON BEACH~ FLORIDA, HELD ~ CItY HALL, T~ESDAY, FEBRUARY 5~ 1974. Consider Request of the Socialites Club, Inc. M~. Kohl referred to his letter for the agenda which stated that Mr. I~ussell, President of the above organization, advised the City that Sheldon Carnival Co. will be running a carnival to be located on the property owned by Mr. Leonard Smith. Mr. Kohl ~equested approval of this request subject to Sheldon producing the required insurance policy a ~d compliance with alt other requirements. Mr. Harmening moved to .accept the recommendation of the City Manager to approve the request of the Socialites Club., Inc. Mr. Wallace aehohded and asked ~or clarification that compliance with requirements included that the area be cleaned up afterwards, even though it's on private property. Mr. Kohl said he received assurance from those involved that this would be done. Motion ea~ied 5-0. Consider Request for Additional Personnel & One Cruiser for Police Department Mr. Kohl read his letter for the agenda in which he stated that the crime rate and vandalism has increased tremendously in the past few months. He therefore requested Council's authorization to hire two additional patrolmen, one detective and to purchase one police cruiser. In order to accomplish this~ the City would need a transfer of funds in the amount of $21,375.00 from 5600/z~66 - Contingency Fund to 5100 - Police Department. Mr. Kohl referred to a comparative survey of surrounding cities concerning the personnel in the Police Department of each City as follows: Boynton Beach 30 Patrolmen, 6 Detectives Delray Beach 40 Lake Worth Boca Raton 58 Riviera Beach 27 Mr. Kohl said he had in his research file 19 pages showing justifica- tion for the above request, all of which have merit. He invited Council to review it and said copies were not made in an effort to conserve paper. Mr. Kohl requested approval of his recommendation. Mr. Harmening moved to 9~ant the above reconm~endations of the City Manager, seeonded byMr. Wallace. Under discussion, Mr. Wallace asked that the current equipment situation be looked into: regarding its care and usage. Motion carried 5-0. Mr. Kohl advised that four, new police ears were on o~der to be delivered in the middle of the month, plus this one just approved. He added that the other vehicles were also being cleaned up and repaired and he felt the City would be in good shape. Consider Waiving Civil Service Examination Requirements Mr. Kohl referred to his letter for the agenda with a corresponding memo from Mr. Bill Sullivan~ Personnel Director in regard to a promo- - 22 - ~ .' ~. MINUTES OF REGULAR CITY COU/~CIL MEETING OF THE CItY OF BOY~EON BEACH, FLORIDA~ HELD AT CITY HALL, T~ESDAY, FEBRUARY 5, 1974. C tiona! opening for Clerk II at the Library. Mr. Kohl said he had discussed this with Mrs. Farace~ the City's Library Director: and she highly recommends the employee who applied fo~ this position. Mm. Kohl concurred with M~. Su!!ivan's recommendation that the examination be waived in this pa~ticu!a~ instance. Mr. Ha~mening moved to approve the City Manager's recommendation, waive the examination in question, seconded by Mr. Wallace. No discussion. Motion carried 5-0. and Consider Additional Personnel - Lift Station Operator Mr. Kohl referred to his letter for the agenda in which he requested permission to hire an additional l~ft station' maintenance man to be assigned to the Waste Water Treatment Plant. He explained that since the City began the Laude~dale Contracting project (sewer expansion program), the City added 8 3~ft stations in addition to private developers eonst-~ucting their own lift stations- i.e. St. Andrews, etc. for a present total of 33: and an additional 7 are scheduled to be added in the nea~ f~/ture. At the present time, the City has four men handling all stations and the schedules tm/st be staggered in o~der to complete the required work at all lift stations. The City is in dire need of this addi- tional man in orde~ to meet all necessary requSJ~ements as set forth by Federal rex3ulations. The cost for the balanoe o~ this fiscal year would be an additional $4,594.00. If this request is approved: Mr. Kohl requested a t~ansfer of funds from the Congingency Fund in the above amount~Account No. 6220/110. Mr. Ha~mening moved to approve the requests of the City Manager, seconded by Mr. Wallace. Mr. Harmening felt certain this help would be needed inview of the 7 new lift Stations scheduled. Motion carried 5-0. Discuss Russell g Axon Engineering Services Agreement After some discussion, Mr. Wallace moved to table this item~ seconded by Mr. Harmening. No discussion. Motion carried 5-0. Purge Registration List Mrs. Padgett advised that this was to close out what was done up to December 31, 1975 which was turned in to the County. Mr, Wallace moved to approve the Purge Registration List~ seconded by Mr. Harmening~' who noted that there were 515 names. No discussion. Motion carried 5-0. ~pprove Zoning for Liquor License - Cumberland Farms g Carter's Take-Out With the assurance of the City Manager that these two requests were in order: Mr. Wallace moved that these licenses be granted: seconded by Mr. Ha~mening. No diseussion~ Motion ca~ied 5-0. - 23 - MIArdTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD ~ CITY HALL~ T~ESDAY, PEBRUAE~ 5: 1974. Permits for Solicitations a. Palm Glades Girl Scout Council b. Ctine-Pautseh Unit ~164 - American Legion Auxiliary c. Praternal Order of Police - Lodge d. Soroptimist Club Mr. Roberts questioned the permit for the Girl Scout Council since they appeared to be outside the City and Mrs. Padgett clarified that their business address was outside, but local troops were conducting the solicitation. With the assurance from the City Manage~ that the above four requests for permits were in order, Mr. Wallace moved that they be granted, seconded by Mr. Harmening. No discussion. Motion cazTied 5-0. Approval of Bills Mr. Kohl requested approval of the following bills: Engineering Machine Co. - Inv. ~4023 of 1/2/74 1 - New Diesel Tractor w/Loader Pay from Encumbered Funds 2400-514.01 $ 5,621.00 ~orthern Gravel Co. - Inv. Gravel for Water Plant Pay from 6120-274 ~98882 of 12/17/75 927.65 Keene Corp. Inv. ~58664 $1:284.00 1,563.00 2,6~7.00 Sewage Plant Equipment Upgrade Pay from 6220-51~.29 ~adger Meter, /ne. Inv. ~505515 Inv. ~505514 $2,901.90 2~500.00 5,201.90 Water Meters - pay from 6250-582 Hesco HYdraulic Equip. Systems Inv. ~189 of 1/8/7~ $4~250.00 Inv. ~4087 of 1!/50/73 3,400.00 7~650.00 Note: Florida East Coast Railway Co. in the amount of $25,072.68 -- M~. Kohl requested that this item be omittedfrom the list as he was looking into atransfer of funds for the next agenda. - 24 - PL!NUTES OF REGULAR CITY COUNCIL MEETING OF THE CiTY OP BOYNTON BEACH, FLORIDA, HElD AT CITY HALL, TUESDAY, FEBRUARY 5, 1974. Approval of Bills (Cont'd) Touche Ross & Co., C.P.A.'s 1/17/74 Fourth P~ogress BN1 Pay from 1500-298.01 $1,250.00 6110-298 1, 250.00 Asplundh Service Center - Inv. ~98-0264 of 1/16/74 Cmane True/<, 1970 GMC, Tel Boom w/Bucket w/Tools: Dump System, Dump Body Air Comp: Cab Protector w/wood Chipper Inc. Air Tools Pay from 2500-512 (Prey. O.K.) $6,014.00 Pay from 5600-466 (Contingency) 3: 286. O0 L~m~r Uniforms, Inc. Inv. ~195538 of 1/14/74 $1, 055.50 Inv~ 195557 of 1/14/74 1, 095.50 Inv. ~194370 of 11/9/73 521.75 Inv. 195552 of 11/12/73 43.50 Inv. ~193779 of 11/9/75 4, 44~.75 Inv. 194369 of 11/9/74 1,737~50 Uniforms for City Employees Pay from 1810-316 ~ard LaFrance Truck Corp. Inv. ~PG12-20 of 12/31/73 New 1~250 Gallon Pumper Pay from encumbered funds - 3200-512.01 Boynton Beach Child Care Center $ 530.00 Senior Citizens Friendship Club 746.00 Agencies-Groups approved bythe Community Relations Council. Payf~om the l~/oReserve for these purposes from Fed. Rev. Sharing Funds Russell & Axon - Inv. ~!0 12/31/75 - Job ~6858-Sm-IiIgCP Supv. Lend Cost Inv. Est. ~9 Pay from 1971 5.9 Bond Funds. Orig. 1,000,000.00 in A.N.B. Russell g Axon-Inv. ~6 of 12/31/73 - Job ~6858-9-CP Eng. Services in connection w/Fed. Grant PL92-500 per agreement of 6/10/1965 Auth. 5/9/1973 Pay frc~ 6300-298 Russell & Axon Inv. ~9 of 12~31~73-Job ~6858-4-CP Eng. Services upgrading existing Sewer Plant Per Auth. of 11/30/1972 and agreement of 6/10/68 Pay from 6220-514.29 - 25 - $ 2,500.00 9,300.00 8:878.30 45,841.00 1,276.00 4,274.26 4~157.88 2,927.40 MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOY~TON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, FEBRUARY 5, 1974. .A. pproval of Bills (Cont'd) Motomota, Inc. "Inv. E6582-544 of 12/5/73 Inv. ~E8582-544 of 12/27/73 #Ess -s of 12/ll/73 $2,100.00 2,875.00 l, 671.00 646.00 Radios for vehicles & Walkie Talkies for Fire- Dept.: Police Dept., .Sanitation Dept. Streets and Bldg. Maint. Pay from: 2200-514.05 2400-514.07 5100-514.01 ~200-514.02 $ 470.00 2,505.00 1~575.00 2:096.00 Fence Contractors - Inv. ~1408 Chain Link Fence for Sara S/ms Park Pay from Capital Imp. & Fed. Rev. Sharing 459.00 Lauderdale Contracting Corp. Est. ~10 Sewer System Expansion Pay from 1971 5.9 $1,000~000.00 Bond Funds at A.N,B. 105,075.16 Lee A. Walker Co. Application~2 of 1/25/74 $34~646.40 Public Library Const. Proj. Pay from Capital Imp. & Fed. Rev. Sha~ing Application ~5 of 1/13/74 21,823.20 Pay from Cap, Imp. Funds Total $~-4-6~ & Fed. Rev. Sharing Fire Station~2 56,469.60 Romano Construction Co. Billing as of 1/15/74 Wilson Recreation Center Pay from Cap. Impr. 6 Fed. Rev. Sharing 11: 797.1! Davis Meter & Supply - Inv. ~61431301 of 1/24/74 Hydrometers for Water Distribution System Pay from 6130-58~ 1, 175.00 Mr. Kohl advised that the described .bills have been approved and verified by the depazVcment heads involved, checked and approved for payment by the Finance Director and funds are available in their respective budgets. He recommended payment of these bills. Mayor DeLong asked about the status of the Wilson Recreation Center and how much more Romano Construction Co. had to complete there. Mr. Kohl advised that there was a balance owing of $4:60~.85. Mr. Wallace moved to approve the bills for payment as submitted by the City Manager precluding the Florida East Coast Railroad bill in the - 26 - MINIiTES OF REGULAR CITY COHNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA~ HELD AT CITY HALL, TUESDAY, FEBRUARY 5, 1974. amount of $25, 072.65. M~. Roberts seconded. No discussion. Motion ca~ried 5-0. A~ter some discussion and assurance from Mr. Simon that everything was in order, M~. Wallace re=red that the City enter into the proposed agreement with William R. Hough & Co. and that it he approved as ame~nded, seconded by Mr. Harmening. No discussion. Motion carried 5-0. Fir. Wallace ~e~erred to some of the discrepancies regarding the Building Department and felt the City Manager should be given the administrative authority to go ahead and secure the information as necessary for presentation to Council for any further action that Council may consider. Council members agreed. Mr. Wallace moved to adjourn~ seconded by Mr. Ha~mening. Meeting adjourned at 11:35 P.M, after motion carTied 5-0. ATTEST: CITY OF BOYNTON BEACH, FLORIDA "~/~CCity Clerk Mayo Vice Mayor. Councilman - 27 - ganuary 12, 1973 Ma~or Joseph De Long C~ty Hkll BO.~nton Beach, Fl~mida Dear Mayor De Long:: Just a sho~ note~ tQ express to you our sincere: ap.Rte_elation far a fine piece of Police Work recently per- ~formed b~ y~our dep~am~ment~ On December' 29th., at 12~300 noom a man entered our apartment 229~ SE lst., Avenue and in the sho~t~space~ of 45 seconds snatched $ 19:00 fr~m Mrs. Ker~i- I immediately called Boynton P~lice and in a matt- em of minute~ two~ p~tmol cars~ and Deteotive~ Troiian wer'e~ on the- job, width the result that this man. was caught and back in jail be~o~e two. &'~leck. . Su~!~ this is a commendable piece of oolice work, and we want t~ congratulate you on having such an efficient force. I have written Dective Trolian also ex,messing to him our apL~-eciation~ Thank you again sir'. Very t_ruly yours, February 5~ 1974 VIII. BUSINESS: Request of Foresight, Attached hereto is correspondence from the above which is self-exp!~natOryo We have discussed this with the depart- ment heads involved ~nd they have no objections to the pro- posed shoreline improvements to the east shore of the Intra- coastal waterway for St. Andrews Club. The Department of Internal Improvements requires that com- plete biological survey report must be read into the record according to Chapter Z53 Florida Statutes and our City Attorney advised they are correct. I recom~end approval of this permit subject to the approval of all other regulatory agencmes. FK:apt Attachments - 6 pages Frank Kohl, ~ City Manager ~r. Frar~ KoY~, City ~anager Tova~ of Bo~nton Beach 120 N. E, 2nd'~¢enue Boynton Beach, Florida Re: Proposed shoreline improvements, East Shore Intracoastal Waterway, St, Andrews Club, Boo. ton Beach, Florida, Palm Beach County Dear ~. Kohl: Enclosed are the plans for the proposed Intracoasta! Waterway shoreline development at .h~ St. Andrews Club in Boynton Beach ~ud a copy of a biological survey report from the Department of Natural Resources. It would be appreciated if ~ne matter could be pr~sentea to the City Co~nsel for formal cuns~derat~on and approval in k~eping with the Board of Trustees policies and Chapter 253, Florida Statutes. The complete biological survey report must be ~ ' ' ~ _eaa znto the public record and so indicated in any subsequent correspondence. '- If you have any questions, please do not hesitate to contact me at (305) 399-1044, Deerfield Beach. Sin oerely, FORESIGHT, INC. ~%ac ~. ~'~artin, ~r.~/~ President ENCLOSU~S CC: Mike Rubin with enclosures Karl Scott with enclosures of Piorida PPA.eTP8 pRaT Of:: NATURAL RESOURCES ADD~S P.~LY TO: t~.OO~"0,, 5 7 0 REU/~IN O:D. ASKEW RICHARD ~ D~CK) STON~ ROBERT L, $HEV~N DOYLE CONNER December 5, 1973 Mr. Mac W. Martin, Jr., President Foresight, inc. 201 N. Federal Highway, Suite 209 Deerfield Beach, Florida 33441 Dear M~. Martin: Re: Proposed Shoreline Development, St. Andrews Club, lntracoastal Waterway at Boynton Beach, 34-45S-43E, Palm Beach Count} Our marine biologist, Gerald Herring, has inspected the subject area and reports as follows: "The applicant proposes to (1) rip-rap approximately 1,130 feet of the Intracoasta! Waterway, (2) backfill 230 feet, (3) construct a marginal wharf-along 150 feetr (4) extend an existing seawall 57 feet, and (5) dredge bottoms adjoining the wharf to 5 feet deep (mean low water). -"The shoreline to be rip-rapped is vegetated by man- groves (predominantly Lag~cu~ap~c up to 20 feet tall; Photo 1) except the 220 feet to be backfilled {Photo 2}. Mangrove crabs inhabit the mangroves; mysids and mullet inhabit the shallow waters in the proposed backfill area. Rubble rip-rap carefully placed at the base of the man- groves should protect the trees from erosive forces generated by heavy boat traffic and not harm the trees. Using less backfill and ~lattening the rip-rap slope would provide better aquatic habitat along the 220 feet of backfill area. The proposed rip-rap is aligned with an existing rip-rap reve-~ment to the north. The proposed 57 feet of seawall and rip-rap at the south end of the subjec~ area should not significantly affect biological resources {Photo 3~. Mr. Mac W. ~rtin~ Jr. Re: St. Andrews Club Page T~ December 5~ !973 "There are two distinct bottom types in the proposed dredge aree: (I) soft clayey silt and detrital materiel sparsely populated by macroscopic life and (2) firm siitv sand bottoms inhabited by hundreds of clams (Mulini~ ~ateralis; attached sketch and Photo 4). Because Mulinia serve as forage for fishes and invertebrates, we recommend tha~ no dredging be performed in the area inhabited by these organisms." The staff of our Bureau of Beaches and Shores has reviewed this proposal and provides the following hydrographic assessment: "A hydrographic survey will not be required. It is improbable that this project would have significantly adverse hydrographic effects." TS/vsc Enclosures - Photos and Sketch cc: Captain R. R. Purdom Mr~ Peter L. Pimentel ~/~. Joseph D.. Carroll, Mr. E. L. Arnotd~ Jr. Mr. B. J. Hartman Mr. B. A. Barnes Mr. Gary Nelson Mr. Randolph Hodges Mr. W. T. Carlton Field Biologists Jr. A G E ~ DA February 5, 1974 IX. ADMINISTRATIVE B. Consider Request to Purchase Four (4) Packers For: Sanitation Department Upon assuming my position as City Manager last March ~nd in going over the budget not long after I started as City M~u~a- get, I went along with the budget request for additional trash trains. However, since I have started as City Manager to the present date, we have already had two accidents wit~L this type equipment. In my opiniont they are a hazard to both life and property. Further, they are not constructed to retain papers or any other "fly-away" light debris. My office and myself have received innumerable complaints regarding papers flying all over the city streets when tras~ is picked up with this equipment. I ~ an advocate of the rear end garbage packer for residential collection of trash and garbage. Due to the City's tremendous growth in recent years and the lack of proper equipment we are now in dire need of new equipment. In the past few months, the situation has gone from bad to worse. I therefore reconnuend we go to the rear end loader type packer. Approximately one month ago, I directed Mr. Robert Feltz, Genl. Serv. Super. to call various suppliers of this equipment to find out if anything was available in used or new equipment. We were very fortunate in learning that three new rear end packers were being manufactured on the assembly lines which were scheduled to be shippped to another company who went out of business. These packers are available to the City and they will be ready in 1-2 months. We are also fortunate in locating a demonstrator rear end garbage packer. These four packers are available to us at last year's prices of $19,796.00 each F.O.B. Boynton Beach. I checked the present day prices on this equipment and they are now selling for $23,000. each. Page No. i Agenda February 5, 1974 Re: Consider Purchase of Four Packers - cond't I would also like to point out that I consider ourselves extremely fortunate in locating these four packers ..... not only at these prices but also the availability time. At the present time the delivery date on an order for this equipment is one year. In other words, Gentlemen, I feel that this is an emergency situation-and your authorization is respectfully requested to order these four packers at the prices and delivery dates mentioned ~bove. I also respectfully request permission to go out for bids on three (3) more'of the same type packers which as I mentioned, would be received about January 1975 since delivery is one yr. My reason for requesting the three additional packers at this time is that funds can be provided in the 1974-75 budget but if I wait until we go into our new budget in October, we would not have delivery until October or November 1975, which would place this City in an unten~le position inasmuch as I plan %o do away with the present train system. The present equipment is O.K. for commercial pick up. ~owever, my primary concern is to clean up this City in the residential areas on a scheduled basis at all times and to keep it clean!! I can only accomplish this with the proper equipment. Monies are available from Capital Improvement Fund° Your approval PK:apt Attachment - 1 page of this recommendation is respect~dtty requested. Frank Kohl, City Manager Page No. 2 .... REPLY TO: Re [JTfl9 TRUC EQUg? IEflT, ~] 2900 N.W. 73rd Street / P.O. Box 398 / Miami, Florida 33147 / Phone: 305- 691-9280 [] 2265 W. Beaver Street / P.O. Box 2006 / Jacksonville, Florida 32203 / Phone: 904-354-5691 January 22, 1974 AERIAL LADDERS /~%L U M. WELDING D(9 SODIES GARBAGE SYSTEMS GASiTANKS LOADERS DUMP - FLAT TRA~LING AXLES 3NIMERSAL JOINTS ~-EVELAND - BLOOD -~JTJLITY BODIES City of Boynton Beach Boynton Beach, Fla. 3 - 1974 - ~.I~C Model 1800 187" W.B. - 120 CA 1000~20 - Tires - T. 5 Rims - Cast spoke wheels Reinforced Frame - Front Tow Eook Model PA-218 (12000~) Front Axle - Power Steering 16-1/4 x 3-1/2" Frt Brakes 16-1/2 x 7" Rear brakes Air brakes - 12 Cu.Fto Compressor - MGM Parking brake 61 Amp Alternator - 70 ~p. Battery V-392 Gas Engine - Oil Cooler - Increased cooling Model MT-650 Allison Automatic Transmission Model RA-57 (23000~) H.D. Rear Axle 50 Gallon Fuel Tank - Deluxe W.C. Mirrors Grab Handles -Cab painted 1HC~4103 Yellow Mounted on this Chassis.: Heil Mark III 20 Cu. Yd. Garbage Packers Air P.T.O. 2 Yd. Hopper Bulky object switch Body Painted Boynton Beach Green Price each delivered Boynton Beach $19,796.00 Delivery 30-45 Days fr~m receipt of P.O. These Cab & Chassis were ordered by us 9-15-73 ER/rk Tax exemption cert. Respec~t fully sub~t~e~ Edward Rooney must be furnished