Minutes 11-20-73MINETES OF RE~dLAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH,
FLORIDA, MELD AT CITY HALL, TUESDAY, NOVEMBER 20, 1975.
PRESENT
Emily M. Jackson, Mayor
Joe DeLong, Vice Mayor
DavidRoberts, Councilman
Edward P. Ha~mening, Councilman
ABSENT
Forrest L. Wallace, Councilman
Frank Kohl, City Manager
E~nest G. Simon, City Attorney
Tereesa Padgett, City Clerk
Mayor Jackson called the meeting to order at 7:45 P.M. She welcomed
the audiende and asked them to rise for the /nvocation given by City
Manager, Frank Kohl,' followed by the Flag Salute led by Councilman
Harmening.
Ar~ouncements
Mayo~ Jackson announced that the Boynton Beach Annual Christmas
Parade would be held December 2, 1975 at 2:00 P.M. It will form
at S.W. 15th Avenue and proceed north on Seacrest Boulevard to City
Hall where it will terminate.
Mrs. Padgebh announced that the opening of the books for registration
for the general election on December 4th would begin at 8:00 A.M. on
WednesdaY, November 21st and close at~5:00 P.M. They would also be
open on ~ovember 26, 27 and 28 from 8.00 A.M. to 5:00 P.M. As of
January. 17 19745 ~egis~-~ation will be County only because as of the
first of the year, this Council has voted to go to single registra-
tion and the County books will be used at the County polling places.
MINUTES
Speciali Meeting .7 October 50, 1975 (Tabled)
Mr. DeLong moved to taka this item from the table, seconded by Mr.
Harmening. There was no discussion. Motion carried 4-0. Mr. Wallace
was absent.
Mm. DeLong referred to several corrections and changes as indicated
below:
On page 2, second paragraph from the bottom, middle of the paragraph
which reads, "This also entails another $2%million equipment potential
hook-up charges ..." -- it should read 'This also entails another $2%
million potential from hook-up charges. ~
On page 6, last paragraph which reads, ~'Mr. Harmening seconded the
motion, especially based on the fact that the initial consultation
was free.~' -- Mr. DeLong said after the word "fact~ it should be
inse~ed ~'as stated by the City's fiscal agent, represented by Mr.
Shaw ..." Mm. HaTmening concurred.
\ . ~ MINUTES OF REGULAR CITY COONCIL MEETING OF THE CITY OF BOYA~ON BEACH,
FLORIDA~ HELD AT CITY HALL, TOESDAY~ N0VEMEER 20, 1975.
On page 8, first paragraph which states 'q4r. DeLong felt that the
people who were being paid a fee by the City such as the fisOat agent
and consulting engineers should get together and work out this p~ob-
leto ~n conjunction with the Finance Director and City Attorney." --
Mm. DeLong said the '~City Engineer~ should be included after the
City Attorney as he was inadvertently left out when this statement
was made.
On page 15, first paragraph which states '~r. DeLong said he would
like this incorporated in the Touche Ross Ag~eemerfc. Nz~. Simon pointed
out that this was a d/fferent item. Mr. Klinck added that this g~ant
from HUD would be of help towards re/mbursi~n~, the City for the present
sewer contract. FLT. DeLong noted that the City's hvcilitY General
Fund would have to be used to meet the cost . .. ~' -- it should be
inse~ted here "... meet the cost of the present expansion of the sewer
system. '~
Mr. Roberts said beginning with the last two words on page 6, "Mr.
Roberts olaf/lied that this was the first phase and he asked M~. Klinck
if it would take about 2 years to complete any interim addition." Y~.
Roberts said they were discussing how long this interim plant would be
good for and the statement should read "Mr. Roberts asked M~. Klinek
if this interim addition would last a minimum of 9 yea~s and he said
yes. ~
Mr. DeLong moved to adopt the Minutes of the Special Meeting of October
50~ 1975 as corrected. Mr. Harmening seconded. There was no discus-
sion. Motion carried 4-0. Mayor Jackson noted for the record that
Mr. Wallace was absent.
Regular Meeting - November 6~ 197~.
Mr. DeLong had several co~Tections and changes as follows:
On the last page, it should be noted that Mr. Ha~mening seconded the
motion to adjoumn made by Mr. Wallace.
On page 2~ paragraph 2, regaz~ling Mayor Jackson's announcement about
flood insumance~ the minutes reflect that she then turned the floor
over to M~. DeLong who wished to speak on this subject. It was
clarified that M~. DeLong was given the floor to speak on a subject
other than flood control.
On page 2~ next to the last paragTaph~ refe~z~ing to the City Manager
being allowed to use his good judgment insofar as accon~nodating the.
wishes of the "City~' -- this should be changed to accommodating the
wishes of the '~Community Appearance Board" as it was they who made
the request.
On page 7~ middle of the first paragraph -- "... the~e would have to be
an increase in rates in order to go into the market to get any
sizeable Tevenue certificate issue floating." -- the word "floating"
should be changed to ~'~loated~.
MINLTES OF REGGLA~ CITY COUNCIL MEETING OF THE CITY OP BO~ON BEACH,
FLORIDA, HELD AT CITY HALL, T~ESDAY, NOVEMBE~ 20~ 1975.
On page 14, paragraph 4, which states ~r. DeLong felt there were six
or seven specifies where the law was very plain and provisions could
not be changed without an ordinance." -- this should read ~... could
not be changed by ordinance."
On page 21, paragraph 3, line 4: the word "corporations'~ should be
changed to ~corporation~.
On page 24, the last paragraph which states ~'Fm. DeLong noted that
civic organizations over the years have become the history of all
municipalities. ~ -- this should ~ead ,7... over the years have become
part of the history of municipalities."
Mayor Jackson referred to page 10, paragraph 1 which states
Jackson noted that it came up last year and she felt that it was not
a good thing. ~' -- This should be changed to "... she felt that
it was a good thing, it should be put to referendum. ~
Beginning with the first paragraph on page 17, Mayor Jackson said
everywhere that M~s. ~Brody" is ~eferred to, it should be Mrs. ~ode~.
Mr. Roberts moved for the adoption of the Minutes of November 6: 197~
as corrected, seconded by Mr. Harmening. There was no discussion.
Motion carried 4-0.
P~BLIC AUDIENCE
Mayor Jackson asked that those who wished to speak on an item on the
agenda =o ~ive their names and item numbers to MrS. Padgett. Those
who wished to speak on items not on the agenda were then invited to
come up to speak for three minutes.
M~. Thomas Canavan, Sterling Village, said nothing was mentioned in
the announcements about the Federal emergency situation. He felt FPL
should be notified to douse every other street light such as in the
emergency economy situation six years ago. Mayor Jackson advised M~.
Canavan that this was under ~New Business~ on the agenda.
Mr. John Stevens~ 715 N.W. 4th Street: said since the tourists and
others were returning to Florida about now, travelling down Seacrest
between 4:50 and 5:30 P.M. when people are getting out of work, there
is a pile-up of ~ra~fie in the area of 10th Avenue. He suggested a
turning light like the one on South t5th and Seacrest to alleviate
some of the problem. Mr. Stevens also asked about the progress of the
bicycle path along Congress Avenue. Mayor Jackson advised that it
would be completed to Lindsley Lumber as soon as the building was
completed so as not to drive t~ueks over it. Mayor Jackson ascertained
that I~r. Kohl would look into the traffic light situation.
Mayor Jameson interrupted Public Audience to hear the ~epo~t of the
Clerks pertaining to the results of the prima~y elections of November
20~ 197~. Mrs. Jean~. Pipes announced that the total votes at the
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% ' MINT~ES OF REGUtAR CITY COUNCIL MEETinG OF THE CITY OF BOYNTON
BEACH~ FLORIDA~ HELD AT CItY HALL, TUESDAY, NOVEMBER 20, 1975.
North Precinct were 1~ 818, of which Stephen M. Kochakian received 155
votes~ O. T. McLean received 908 votes; David Roberts received 420
votes; Frederick M. Smiths Jr. received 105 votes; Norman F. Strnad
received 556 votes ~ John Prank White received 421 votes; Garry W.
Winter received 177 votes; write-in votes - 0; there were 0 spoiled
ballots and 4 absentee ballots.
Mrs. Helen Wi!so~ announced that the total votes at the South precinct
for the purpose of nominating 4 candidates for Council were as follows:
Stephen Kochakian - ~02 votes; O, T. McLean - 490 votes; D~id Roberts
1,326 votes; Frederick M. Smith, Jr. - 26~ votes; Norman F. Strnad -
758 votes~ John Frank White - 559 votes~ Gary W. Winter - 751 votes --
for a total of 2,346. There were no spoiled ballots and 10 absentee
ballots. Mayor Jackson thanked the Clerks for their efforts.
Mrs. Padgett read the total votes from the two precincts: Stephen M.
Kochakian - 535; O. T. McLean - 698; David Roberts - 1,746; Frederick
M. Smith, Jr. - 367; Norman F. Strnad - 1,114; John Frank White - 980;
Gary Winter - 928; 14 absentee ballots~ total votes cast - 4, 164.
Mr. DeLong moved for certification of the election results, seconded
by Mr. Har~ening. There %~as no discussion. Motion earr~ed 4-0.
PUBLIC AUDIENCE (Cont'd)
Mr. Jim Wilson: 47 Isle Court, wanted to set straight for the record
a statement made by the Miami Herald~ which the newspaper had subse-
quently eomrected. The incorrect statement reported was that in
addition to Rinker Materials~ suit against the City of Boynton Beach,
the Department of Transportation was ~]so suing the City. The Depart-
ment of Transportation is not suing the City. Mr. Wilson then read the
eo~r. ected statement made b~-~he Miami Herald in which it was reported
that DOT won an Order of Taking of the Rinker Cement plant site, which
means that R~nker no longer owns the land it's on and they must be out
by July 1st. Mr. Wilson expressed thanks to the Palm Beach Post Times,
afternoon and night edition~ verifying t~his because of the closeness
of election time. 5~. Wilson said he had copies of the corrected
report if anyone wished to see it. He added that the reporter was not
to be blamed for the incorrect statement that appeared in the newspaper.
Mr. Wilson then went on to say that Mr. Don Fenton, head of the Chamber
o~ Commerce, made accusations against the 9~oup that was opposed to
Rinker saying they were selfish, and Stated that the City Council was
holding up the progress of 1-95. Mr. Wilson said that in checking, he
found that 1-95 was held up at a point near the Deiray line. He
felt if there was a selfish group~ it was a small clique that controlled
the Chamber of Commerce.
Mr. StephenM. ](oehakian, 5525 South Lake Drive, said during discussions
about the proposed site for the new library, he was aware that ~o
handball courts would be moved~ but he didn~tknow that two basketball
courts would be lost. He felt others were a!sounaware of this.
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MiNTdTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~
FLORIDA, HELD AT CITY HALL, TLIESDAY, NOVEMBER 209 1973.
C
Mr. Kohl said that t~;o basketball cou~ts were not being lost, but half
of the area was being moved. Mr. Koeh~kian said in doing that: the
proposed tennis cou~ts are lost.
BIDS
1-95 Htility Relocation - Department of Transportation
Mr. Kohl referred to his letter for the agenda and Bid Tabulation Sheet.
He said that Mr. John Klinck of Russell g Axon~ the City's consulting
engineers~ conducted the bid opening on this project. Po/ssei1 & Axon's
letter of recommendation, a memorandum f~om Mr. Tom Cla~k, City
Engineer, and a letter from M~. Salley of D.O.T. were included, along
with a notarized copy of the anti-collusion deposition signed by Mr.
Mark Sapino of Lauderdale Contracting Corporation,
Based on the above, Mr. Kohl recommended the hid for 1-95 ~elocation
be awarded to Lauderdale Contracting Corporation in the amount of
$20,740.00. The bid can be financed from Utility General Fund until
reimbursement is received from D.O.T. for the full amount.
Mr. Kohl read the other bid from Craft Construction Corp. in the amount
of $30,727.00. The time on both these bids was the same -- 90 days.
Mr: Harmening moved to accept the City Manager's recommendation and
award the bid to Lauderdale Contracting Corporation in the amount of
$20,740.00 with a contract time of 90 days. Mr. DeLong seconded.
Under discussion, Mr. DeLong said he felt the City was fortunate that
somebody left a lot of money on the table in this bid. Without
offense to anyone, he felt that this Council was puttir~3 itself in a
very untenable situation by peDmitting public bids to be opened and
tabulated by anyone other than a duly designated officer of the City.
He did not want to cast a shadow on Russell & Axon, but he felt the
City could avoid criticism in the future if only an officer of the
City was permitted to handle all sealed bids. MayoP Jackson felt the
same way. .In. regard to DOT project 93220 regarding the relocation
of the utility, Mr. Roberts asked the exact location. Mr. Clark said
this would be at the north part of 22nd Avenue. He said bids were open
today on the,south part. DOT will open bids for construction on
December Sth on the center section.
Motion carried 4-0.
Mr. DeLong moved that the opening of all sealed bids in the future be
done by a designated City Officer. Mr. Roberts seconded. There was
no discussion. Motion carried 4-0.
Sale of Used Equipment
Mr. Kohl referred to his letter for the agenda and attached Tabulation
Sheet for those items on which bids were received. He recommended
these items be sold to the highest bidder as indicated on the seven
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~ · ~ MINUTES OF REGULAR CITY COUNCIL MESTING OF THE CITY OF BOYNTON BEACH,
FLORIDA~ HELD AT CITY HALL, TU~SDAY~ NOVEMBER 20~ 1975.
items. This sale was advertised listing a total of 26 items as
indicated on the '~Notiee of Sale~' attached to his letter. This was
published in the Boynton Beach News Journal.
The Purchasing Agent now has in his department 19 various and sundry
items in which there appears to be no interest. In order to dispose of
this excess equipment, Mr. Kohl recommended it be donated to Faith
Farms u~uless Council has other suggestions.
Mr. Kohl reported the bids as follows: On the 20 horsepower motor and
centrifugal pump~ the only bid received was from Mr. John Flynn in
the amount of $5.. 00. On the water still: bid ~eceived from Mr. John
Flynn in the amoUnt of $t. 00~ R. C. Allen adding machine which doesn't
work - bid meceived from Mm. John Flynn in the amount of $5.00. On
the Al]is Chatmers Tractor (in bad condition): Lake Worth Automobile
Hospital bid $129.00. A 1965 MFTraetom with Loader received a bid of
$251.00 from L~ke Worth Automobile Hospital; the same company also bid
$50.00 for a quantity of scrap iron. ~ ~nderwoodtypew~ite~ that
doesn't work received a bid from Leonard Albury in the amount of $4.00.
Mr. Kohl said he would like to get this money before the bidders change
theim minds.
Mr. Roberts moved to accept the recommendation of the City Manager and
sell to the highest bidder in each instance. Mr. Hanmening seconded.
Under discussion, Mm. DeLong asked the City Attorney i~ there were any
restrictions insofar as getting rid of City property. Weme the proper
channels being followed? Mm. Simon said yes. Motion carried 4-0.
Mayor Jackson asked i~ the City was allowed to give anything away which
was sitting around and not doing any good. Mr. Flynn said he would
like to withdraw the Addresso-Mu!tigraphmachine rather than give it
away. Mr. Simon suggested it might be best to put everything out to
bid and that $1.00 could take it all. Discussion ensued as to whethem
the City Attorney should research this situation. Mr. Simon felt
researching it would serve no useful purpose. The City should be
sure to follow certain proper p~ocedures in regard to giving pmoperty
away. As Mr. F!ynn pointed out, items of value should be held back~
He felt if Faith Farms offered $1.00 for these things: and it was the
only bid:the City could accept the o~fer.
Mr. DeLong said he'd rather the items sat a while and moved to table
the question of giving them away. Mr. Roberts seconded. There was
no discussion. Motion carried 4-0.
New Public Library
Mm. Kohl referred to his letter for the agenda and Tabulation Sheet
that was before Council which was signed off by the depazTment heads
involved and the Architect~ Mr. George Davis: all of whom mecommend
the bid be awarded to Lee A. Walker in the amount of $285,000.00. A
notarized anti-collusion deposition was also included rom Council's
perusal. Funds are available in Capital Improvement and Federal Revenue
Sharing. Mm. Kohl concurred with the recommendation.
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MIN-dTES OF THE REGULAR CIT~ COUNCIL FLEETING OF THE CIT~ OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, NOVEMBER 20, 1973.
Mr. Kohl read the other bid received frOm Monmouth Fund, Inc. in the
amount of $295,825.00. The completion date from both bidders was
set at 6 ~onths.
Mr. DeLong moved that the bid in the amount of $285,000.00 be awarded
to the low bidder, Lee A. Walker on the recommendation of the City
Manager, various department heads and the architect. Mr. Roberts
s~eeonded. ~nde~ disoussion, Mr. DeLong asked that Yn~. Barrett answer
some questions for the pubiie record. Being cautious where public
buildings were concerned, he asked Mr. Barrett if it would be oossible
for the general contractor to guarantee that he is going to ha~e a
superintendent on the job before the City signs the agreement for the
bid. Mr. Barrett said it could be one of the stipulations. Mr.
DeLong asked if he felt this was advisable and F~. Barrett said yes.
M~ Barrett said this could be part and parcel in issuing the
building permit. The~e was some discussion about when they could
staDt building and M~. Barrett said probably in a couple of weeks.
PUBLIC HEARING
None
LEGAL
Ordinances - 2nd Reading
Ordinance No. 73-51 - Re: Staggered Terms for Planning and Zoning
Board Members
Mr. Simon read Ordinance No. 73-51 on second reading by caption only --
An O~dinance of the City of Boynton Beach, Florida, Amending Section
2-41 of A~tiole V of Chapter 2 of the Codified Ordinances of Said City
Providing fo~ Staggered 2-Year Terms for l~embers o~ the Munieipa!
Planning and Zoning Board, and Further Providing for Pilling Vacancies
on Said Board: etc.
Mr. Roberts moved for the adoption of Ordinance No. 73-51 on second
reading, seconded by Mr. HarmeP~ng. There was no discussion. Mrs.
Padgett conducted the roll call vo~e as follows:
Vice Mayor DeLong
Councilman Harmening
Councilman Roberts
Mayor Jackson
Yes
Yes
Yes
Motion ca,tied 4-0. Note: Mr. Kohl's letter for the agenda said in
the ~uture a public hearing must be conducted on all advertised
ordinances be~ome they can be adopted on second reading.
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I~LINUTES OF REGUJJ~R CITY COUNCIL }'~ET1/'~G OF THE CITY OF BoYNTON
BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, NOVEMBER 20~ 1973.
Ordinances - 1st Readinq
proposed Ordinance No. 75-55 - Re: Budget Adjustments
Mr. Simon read Ordinance No. 73-55 on first reading -- An Ordinance of
the City of Boynton Beach, Florida, Amending Appropriating Ordinance
No. 72-28 which adopted the Budget of the City of Boynton Beach for
the Fiscal Year Ending September 30, 1973, by Providing for Adjustments
to Said Budget, etc.
lv~. Harmening moved for the adoption of Ordinance No. 73-55 on first
reading, seconded by Mr. DeLong. The~e was no discussion. Mrs.
Padgett called the roll as follows:
Vice Mayor DeLong - Yes
Councilman Harmening - Yes
Councilm~n Roberts - Yes
Mayor Jackson - Yes
Motion carried 4-0.
Mr. DeLong rose to a point of order regarding the new Public Library
bid in which he was advised there had been no second or vote recorded.
Mr. DeLong moved to suspend the regular order of business and go
back to the bidding, seconded by Mr. Harmening. Motion carried 4-0.
It was clarified that ~r. Roberts had seconded the original motion
made by Mr. DeLong to award the bid to Lee A. Walker for the new
library. Motion carried 4-0.
Mr. DeLongmoved to return to the regular order of business. Mr.
Harmening seconded. Motion oarTied 4-0.
Proposed Ordinance - Re: Sewer and Water Connection Fee
Mr. Kohl said this was still being worked on and he would like it
tabled. Mr. DeLong moved to table this item, seconded by Mr. Roberts.
There was no discussion. Motion carried 4-0.
Proposed Ordinance No. 73-53 - Re: Appointment of Municipal Judg~
~. Simon read proposed Ordinance No. 73-53 on first reading -- An
Ordinance oC the City of Boynton Beach, Florida, Amending Section 38
of Article III of the Municipal Charter of Said City by Providing for
the Municipal Judge to be Appointed by the City Council on the First
Working Day in January of Each Year and by Further oroviding that the
Term of Office of the Municipal Judge shall be ~ntii the First Working
Day in January of the Succeeding Year, as Authorized under Chapter 166
of the Florida Statutes Entitled '~Municipal Home Rule Powers Act~, etc.
Mr. Harmening questioned whether the first working day -- since it
falls on a different day each year -- would work out to be the best
MINGTES OF REGULAR CITY COU/qCIL MEETING OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, NOVEF~BER 20~ 1973.
course over a long number of years. It might be worth considering
changing the appointment date to the first regular Council meeting.
Discussion ensued at length among Council as to which alternative
was more desirable.
Mr. Simon pointed out that the present City Municipal Judge wis
appointed last year for a term to the first Monday in January, 197a.
His term is established and the Council's action tonight world not'
change his term of office. ~. Simon felt that the Coun¢ilshould
bear in mind the provisions of Section 53 of the Charter which provides
that the Councilman receiving the highest number of votes in each
general election shall at the first meeting of the City Council in
January of the year immediately following the election, be designated
as Vice Mayor of the City to serve in such capacity for a period of
one year. Upon completion of said one-year term,~e Vice Mayor shall
automatically ascend to the office of F~yor for a term of one year.
Mr. Simon said the important part was that the designation of the
Vice ~iayor takes place at the first meeting of the City Council. He
said Councilmay want all of these things to take place at one time.
A~ter further discussion, Mr. Simon said the other possibility is
that the Council could conceivably~ in trying to retain a certain
amount of consistency with the present Charter, is to provide that
all of these things take place on the first Monday in January and add
the proviso that in the event the first Monday falls on a hotiday~
then it shall be done on the following day. ~ir. DeLong felt that
~utd be the best way to draft the Ordinance.
There v;as some discussion ascertaining that Mr. Simon could make the
changes desired on this Ordinance before the second reading, followed
by further questions as to how the Ordinance should read.
Mr. DeLong felt there was some di£ferent thiF~ing among the Council.
Clarification was needed in that heretofore, Mr. DeLong did not believe
there was such a thing named or called an organizational meeting. It
had been more or less ~eqular meetings. P~. DeLong felt that when
people were sworn into office, this did not have to be necessarily
a regular meeting of the City Council -- it can be classified or
called an organizational meeting. The regular meeting can still be
held within that month per~lod.
~te. Simon said this is what the Council has now. There is no stipu-
lation that it must be the first regular meeting~ but the first
meeting. ¥~. DeLong said from reading past Minutes, he found that
this had always taken place at regular meetings and he referred to
the rather unorganized swearing in meeting of the previous January.
As a consequence, he felt there must not have been an existing
system of procedures, l~iayor Jackson said there had been, except for
~o years.
After further discussion, Council and P~. Simon agreed that the
Ordinance should read that the swearing in would be on the first
~Sq/TES OF REG%5~hR CITY COUNCIL M£ETING OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, NOVEMBER 20, 1973.
Monday in January and if that was a holiday then the next day. This
was to be included in the Ordinance when it was to be presented for
adoption. Mr. Simon said' for the record: what he is reading in pro-
posed Ordinance No. 73-53 is to provide for the te~m to begin on the
first Monday in January of each year or if that Monday falls on a
legal holiday, then on the next working day following the first Monday
in January. This term will be until the succeeding first Monday, etc.
Mr. Harmening moved for the adoption of Ordinance No. 73-53 on first
reading, seconded by Mr. DeLong. There was no discussion. Mrs.
Padgett conducted the ~oll call vote as follows:
Vice Mayor DeLong - Yes
Councilman Harmening - Aye
Councilman Roberts - Aye
Mayor Jackson - Aye
Motion ea~ied 4-0.
P~oposed O~dinance No. 73-54 - Re: Establishing Date for O~ganizational
Meeting
Before proceeding, Mayor Jameson referred to the two Ordinances Mr.
Simon prepared in whi ~h reference was made to the original 1947
Charter. She said Fm. DeLong pointed out that it was amended in 1963
by referendum. She said Mr. Simon should read the amended copy. ~L~.
DeLong said the Ordinance includes Section 55 and under Special Acts
of 1947, there is also a follow-up Section 54 which he would like to
see incorporated in this because that is the dist-~ibu~ion of the powers
of the Mayor. It should say Sections 53 and 54. He felt this was
very specific in giving the Mayor the assignment of having charge of
the Police and Fire Departments insofar as enforcement of the Ordinances
is concerned. Mayo~ Jackson said this provision was taken out by
action of the House in 1962. Mr. DeLong said the rest of the specifics
still prevailed so it would be advisable to incorporate Sections 53
and 54.
Council clarified with Mr. Simon that this Ordinance would he wo~ded
similarly to Omdinance No. 7~-53 regarding the first Monday in Janua~y~
etc. ~. Simon asked if Council wanted him to amend Section 54 and
Mr. DeLong said he %~nted to know what Bi]l No. 1218 was about before
an amendment was made. After some further discussion, Mr. Simon said
he didn't feel Section 54 should be included in this O~linance because
it doesn't serve any useful purpose. The reason Section 53 is in-
cluded is that it designates certain th/ngs are taking place at the
first meeting of the Council: including the designation of Vice t4ayor.
P~. DeLong said he wanted it included because it is a distribution
of power that eantt be touched, if it is put in this Ordinance~ it
will be recognized that it is one of those items that can't be touched
outside of referendum. PL~. STmon said he was concerned that if Section
54 was put in this Ordinance~ it applies itself to the powers of
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MIN~dTES OF REGtLLAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, NOVEMBER 20, 1973.
elected officials and that isn't what is intended. What is intended
by this proposed ordinance is not to deal with powers of any elected
official but rather only with the date of its first organizational
meeting. Fno. Roberts said as he understands it, Section 54 applies
anyway~ whether or not it is included. Mr. DeLong said Secti6n 55 also
applies whether or not it is included and Mr. Simon said he is ineluding
53 because this ordinanee is about organizational meeting under 15.
Mr. DeLong said 53 supersedes 15. He then read the Amendment note to
Section 53 -- ~Chapter 63-/122~ Section i~ Special Acts, 1963 Amended
Charter~ 24398: Section 19, Special Aets.1947~ Codified as Section 53
to establish a new p~oeedure for selection of the Mayor and Vice Mayor
previously set in said section provided only for selection of a Mayor
by the City Council. In other words: this '6~ act Supersedes the '47
act, Section 15. After some further comment, it was decided that the
City Attorney put in the ordinance what he felt was best.
t.~. Simon read Ordinance No. 73-54 on first reading -- An Ordinance of
the City of Boynton Beach, Plozzida, Amending the Third Paragraph
of Section 15 of Article II of the Municipal Charter of Said City by
Providing that Elected Councilmen shall Assume Office on the First
Monday in January or in the Event Such First Monday Falls on a Legal
Holiday~ then on the Next Workinq Day Follow, lng the Legal Holiday:
as Authorized under Chapter i66 of the Florida Statutes entitled
~Municipal Home Rule Powers Act~' etc.
Mr. HarmeD/rig moved for the adoption of Ordinance No. 73-54 on first
reading, seconded by Mr. DeLong. There was no discussion. Mrs.
Padgett conducted the roll call vote as follows:
Vice Mayor DeLong
Counei!man Harmening
Councilman Roberts
Mayor Jackson
Yes
Yes
Yes
Yes
Motion carried 4-0.
Mr. Kohl read a letter from Mr. Wallace in regard to establishing a
date for the orgaoizational meeting. He felt that swearing in of
appointees, etc. should take place at the first regular meeting of
the new year, and Mr. Kohl wanted to have the record reflect that Mr.
Wallace had asked this to be done.
Resolutions
Proposed Resolution No. 7$-QQQ, Re: Availability of Chlorine
Mr. Simon read Resolution No. 73-QQQ -- A Resolution of the City
Council of the City of Boynton Beach, Floz~ida, Requesting Florida~s
Hnited States Congressional Delegation to Initiate Federal Legislation
for the Establishment of Priorities as to Availability of Chlorine
Cor the Operation of Water and Sewage Treatment Plants.
M/NUTES OF REGULAR CITY C~dNCIL P~ETING OF THE CITY OF BOYNTON
BEACH~ PLORIDA, HELD AT CITY HkLL, TUESDAY: NOVEMBER 20, 1975.
Mr. DeLong moved for the adoption of Resolution No. 73-QQO~ seconded
by Mr. Roberts. There was no discussion. Mrs. Padgett conducted
the ro~_l call Vote as follows:
Vice Mayor DeLong
Councilman Harmening
Councilman Roberts
Mayor Jackson
Yes
Yes
Yes
Yes
Motion carried 4-0.
P~oposed Resolution - Re: Bus Transportation (Mayor JacksOn).
Mayor Jackson requested that this item be moved under :'New Business"
during discussion of energy conservation. Mr. DeLong requested
that it be incorporated in this Resolution that the T~ansportation
Authorit~y also honor the recommendations that have been made by the
City for the feeder lines which could help a lot, too. If people had
the feeder lines to get to the shopping centers, they probably
wouldntt use their cars and conserve gas. The feeder lines would
also service the beach. ~;re. Ha~mening sugges.tedthat two separate
resolutions be sent to keep the Authol~ty aware of Boyntonts existence.
Other
Res. No. 73-Z - Re: Re-affirmation Of~na~Govet~nment _
Discuss
Land Use and Water Quali~y Management (Mayor Jackson)~7 ~
Mayor Jackson said this/was passed last April. The Statew~e.~t through
and she understood that Senators Sykes and Lewis hav~ pre£iled a bill
to repeal these two bills. She believed that the Senate and ~o
members of the House were %~rking on prefiling a bill to do the
same thing. She asked if Council would like to give this a second try.
Mr. Simon read Resolution No. 73-RRR-- A Resolution of the City Coun-
cil of the City of Boynton Beach, Florida, Urging the Repeal of the
Florida State Comprehensive Planning Act of t972~ Its Companion
Legislation and Re~ionat Government, etc.
Mr. DeLong moved for the adoption of Resolution No. 73-RRR, seconded
by Mr. Roberts. Hnder discussion, Mr, DeLong qualified his vote
because he was opposed to this as well as the Federal plan because
it's doing away with local autonomy. PLus. Padgett conducted the roll
call vote as follows:
Vice Mayor DeLong
Counei3J~an Harmen/ng
Councilman Roberts
Mayor Jackson
Yes
Yes
Yes
Yes
Motion carried 4-0.
- 12 -
~[[NVdTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON
BEACH~ FLORIDA, HELD AT CITY HALL, TUESDAY~ NOVEMBER 20, 1973.
Consider Request of Community Appearance Board
Ivlr. DeLong said there appeared to be quite a number of conflictions
between three existing boards. Rather than read this, he would
rather see Mr. Simon handle this and see if he can't eliminate the
overlapping and whatever conflict-ions exist. He asked if Mr. Simon
was aware of this and lvir. Simon said he was only aware of the area
in regard to his participation in this particular request. He said
the words, "provide for a public hearing~ appear in the Community
Appearance Board Ordinance. It was his understanding that they have
been holding their meetings which have been open to the public and
they have allowed *.due public to participate, but there have not been
formal advertised notices, etc. He asked Couneit whether or not
they wanted the Board to do this. If they do not want the Board to
go through the formalities of an advertised public hearing, then it
would be con~using to leave this phrase in there.
l~r. belong felt this phrase was put in the Ordinance inadvertently
because there is no neces~sity for them to hold public hearings based
on kLs experience. He ~d aside from that, there appears to be
some overlapping duties or eon~lictions between three different
Ordinances -- Planning and Zoning, Technical Site Review Board and
Community Appearance Board. Mr. beLong felt the City Attorney
should straighten out any ambiguities regarding these ordinances.
Discussion ensued as to the ~uidance the City Attorney would need.
~{r. DeLong asked Mir. Vastine if he was follo%~ing the proper thought
on this. He said he was in favor of removing the part about the
public hearing from the Community Appearance Board Ordinance. ~r.
Vastine said he wanted it understood and on record that he was in .nD
way questioning any member of the Community Appearance Board in their
general thinking about this matter because there has already been one
combined meeting of the group in which they recognized their basic
responsibility as being the aesthetic value and the appearance in
regard to landscaping and elevation o~ the building in harmony
the surrounding area. He was not criticizing anyone involved in draw-
ing up the Ordinance but on page 3 of the Ordinance~ under Section 5
a, b, e and d, there is absolute overlapping on the Site Plan Review
Ordinance. At the same time on page 4, Repealing Provisions -- ~All
ordinances or parts of ordinances in conflict here~,~[th are hereby
repealed. '~ There is a definite ambiguity here in terms of what it
has done to certain responsibilities of the Planning and Zoning Board
and the Site Plan Review Committee and the Technical Review Board.
Mr. Vastine said this had been started a month ago and the job couidn~t
be finished because one of the members of the Com/nunity Appearance
Board was out of. town and unavailable. However, he strongly recom-
mended to Council that specific authority be 9-iven through some dele-
gated official of the City ~or several members of these Boards to
sit down with the City Attorney and go through all these 0r~iinances.
He felt he could prove that under Section 4, Repealing Provisions,
- 13 -
MINU~ES OF REG~Lk~ CITY COUNCIL ~ETING OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY~ NOVEMBER 20, 1973.
several sections of other committees have been wiped out. Going one
step further, the Community Appearance Board~ has wiped out some of the
responsibilities of the Building Official. Also the Teel~nical Review
Board has taken some of the responsibilities of the Co~unity Appearance
Board.
Mr. Vastine said the way this Ordinance ~.~s written, there is a ptu~ase
in Section 6, ~... shall submit vrith the application for the building
permit three sets of detailed clans and specifications ... ~ Nr. Vast/ne
asked ~Plans and specification~Y~ of what? Mr. Vastine repeated his
suqgestion to COuncil that these Ordinances be studied further and in
depth through a definite grOup of people officially appointed and with
the assistance of-~the City Attorney.
Mr. Harmenin~ moved to turn this matter over to the Cit~; Attorney to
work in conjunction v~ith the Chairman of these Boards to see if these
possible discrepancies couldn't be worked out if they do exist. Mr.
DeLong seconded the motion. He ~elt as Mr. Vastine pointed out: there
may have been some damage done where the repealing clause would
interfere v~th the operation of the Planning and Zoning Board. There
was no other discussion, tSotion carried 4-0.
Discuss Dedication of Bi-centenniai Park (Councilman Wallace)
Tn the absence of Councilman Wallace, Mr. Kohl read ~. Wa/lace's
letter as follows:
~For some reason, the City has not had a dedication of its
new park. As. hopefully, this is going to be a bright spot
in the do~a~town area, then I feel that the City' should give
credit to those citizens who are basically responsible.
Therefore, I ~uld like to see a motion to have
Jackson se~ a date ~or this dedication. '~
After some discussion, it was decided that Mr. Kohl v~)uld check %~ith
Congressman Paul Pogers' office to find out when he would be available
to dedicate the park, and he would then advise Council. Pit. DeLong
moved that the City ~4anager be instructed in conjunction with the
t4ayor to arrive at a date for the dedication of Bi-oentennia! Park.
P~r. Harmening seconded. ~r. DeLong also ~,~shed to include in the
mot-ion that since inadvartently, ~. Kohl,s rkTme did not appear on the
present plaque~ at a small cost to the taxpayers, another plaque
bearing his name should be purchased. Mr. DeLonq noted that Mr. Kohl
put in a great deal of time in regard to this park. There was no
other discussion, l~Iotion carried 4-0.
.Reports from RUssell g Axon, Consulting Engineers
.Emez~gency Rate Study
~r. ]Clinek asked that Mr. Garcia, the Senior Engineer f~om Rns~-lI &
Axon's office in Daytona make this presentation. Mr. Gareia apologized
- 14 -
MII~dTES OF REGULAR CITY CC~]NCIL MEETING OF THE CITY OF BOYNTON
FLORIDA, HELD AT CITY HALL, T~ESDAY, NOVF~iBER 20, 1973.
tO the Council for any misspellir~ of words, adding that he was more
interested in the figures in t~ying to get ~this presentation ready
in time.
Mr. DeLong asked if it was Council's intention to take definitive
action on this subject this evening. Mayor Jackson said she had asked
to have a special meeting set aside just to talk about this. She then
asked Mr. Klinck to explain the urgency of the situation.
Mr. Klinck said at the last meeting Russell g Axon was asked to do an
emergency crash study for presentation at this meeting and it was
specifically requested for this date. Pit. belong felt that there
should be no action on this date without having a chance to study
the presentation more fully. Mayor Jackson asked ~iv. Klinek to e×plain
the urgency other than the rate study.
i~. Y~linck said a revision of the City's water and sewer rates is
essential so that the sewer treatment plant improvement and expansion
can be financed. The City is presently under a citation from the
State Department of Pollution Control as to the effectiveness of the
sewage plant because of existing p~oblem~ and additional treatment
capacity is to be added to accommodate growth ~rithin the City during
the next t~o to three years until the regional plant can be implemented.
The City's temporary operating permit which allows the City's present
plant to continue operating is based on conformance to a schedule of
f-inancing, advertising for bids, awarding the contract and getting
going on the present plant. The time schedule has already been broken.
The City would have been under a contract award by now if arrangements
could have been made for financing. Financing couldn't be arranged
because of the revenue picture, which gets back to the rate increase.
~Ir. DeLong felt time had to be allotted before a decision was reached,
including the possibility of a special meeting. He asked why the
City was going into the market for $2,050,000 instead of the original
$1~ million. Mr. Garcis said at the Council meeting of October 30th,
it was agreed that an amount of money was needed beyond the cost of
the expansion of the plant and the upgrading of the existing plant.
[~ioney was needed for further studies for the implementation of the
Water Quality ~nagement Plan. If the bond issue was limited to the
upgrading and expansion of the plant, therefore lowering the rate
increase as proposed, more money would have to be gotten in the very
near future. This was the reason for changing the figure from
million, or rather $1.6 million (the bond issue) to be able to cover
the plan. The increase was made to $2,050,000 roughly because this is
the figure that comes out from the figures that were included on the
bond issue. Regard!ess of whether it is $2 million or mo~e, that
money is needed for the further studies. Another study is to be made -
the infiltration ir~flow analysis which is going to be somewhat costly.
~ir. DeLong acknowledged that the added money was needed. He noted that
a meter repair shop was needed plus an office for the supervisor and
- 15 -
FfEN-dTES OF REGULAR CItY COUNCIL MEETING OF THE CITY OF BOY~fON
BEACH, FLORIDA, HELD AT CITY HALL, IwdESDAY, NOVE~iBER 20, 1973.
crew at the plant. He referred to action taken by the Council previous-
ly where the Building Official was to get an idea as to what the
approximate cost would be for a building at the present plant site.
Fir. Koh3fconcurred.
P~. DeLong then asked },~. Garcia if the City was still going ahead
with the corrections needed at the present plant that Mr. Gareia
had reported on previously. Mr. Garcia said yes. Mr. DeLong asked
if money was needed to pay for that because there is money in the
Utility General Fund. He also asked for the total amount needed to
meet all the requirements for replacements to get the present plant
i~ working order.
Mr. Klinck said some of the replacements are things to be done away
~th when the plant expansion is done because with the new addition,
another treatment process will be added, in the meantime, there
are some small items that have to be done. The cost will be approxi-
mately $35G, 000 according to ~. Gareia. Mr. Garcia said to upgrade
the existingplant, a new~i~rohamber would have to be added atongwith
another new process which was requested by the Department of Pollution
Control.
I~. DeLong clarified that Council is aware that this would be part o~
the revenue certificate issue and he wanted to know the cost of the
minor repairs at the plant. Mr. Klinek said these were stop-gap
provisions to keep the present plant going until the project can be
completed, The cost ~uld depend on how long the plant has to last.
After some further discussion, M~. YJ_inc~ said the stop-gap provisions
would cost approximately $50,000.
Mr. DeLong repeated ~hat he would like more time to look over the
presentation and Mr. Garcia said it was never the intention to oommand
that.his recon~aendations be adopted today. Russell & Axon had been
instructed to bring in a presentation today and Mr. Garcia said that
it took a lot of doing to meet this deadline. He %,~shed to point out
a few things for Council's consideration. One thing which he saw on
the agenda was in regard to the connection charges. He said he was
recommending connection charges in his proposal and if these connection
charges are not implemented, then the rate for water usage and sewer
service would have to be far larger than they are now. The average
was 20% rate increase in the water consumption and the sewer service.
If it were not for the connection charges and also the equalization
in a fair basis for all users, where there is a meter servicing 10
dwelling u~its and only one minimum charge is being paid, a relatively
small amount would be paid fo~ the rest of the gallons used. Russell
g Axon recommends that this be changed.
l~ir. Garcia also wished to point ou~ an omission on page 5 of hiS
presentation under ~ReeommendedWater R~tes~. Where reference is made
to motels, it should also include hotels. It is the third line on
that page and again on the third from the bottom line.
- 15 -
F~I/fdTES OF REGULAR CITY COUNCIL MEETING OF ~HE CITY OF BOYNTON
BEACH~ FLORIDA, HELD AT CITY HALL, TUESDAY, NOVEMBER 20, i973~
~. DeLon9 asked 1~. Garcia if he had been in contact with Mr. Shaw
of Wainwright and Ramsey. Mr. Gareia said no, not since he finished
his proposal. He wanted to make a presentation to Council first. Mr.
DeLonq thought they had some arrangement to get together because
Shaw has to know about Russell g Axon~s recommendations, in order to
set up the revenue certificate issue. Mr. Garcia said he would send
Mr. Shaw a copy of bis proposal. There was some discussion between
l~r. DeLong~ Mr. Flynn and Pit. Kohl about contacting Fn~. Shaw.
Mr. Harmening said if Council was not going to adopt the recommended
rate study tooight, he suggested a special meeting be called in the
very near future after Mr. DeLong has had a chance to study the
proposal in detail. He noted that Council had asked Russell & Axon
and ~Ir. Gar~ia to present the rate study on an emergency basis or
as quiclcly as possible because the immediate r~ture of the problem was
recoqD~zed. PLT. DeLong felt if everyone on the Council was agreeable
tO adopting this proposal tonight~ he v~uld not hold it up.
Mayor Jackson agreed that there should be a special meeting and dis-
cussion ensued as to the best night at which time the public was also
invited to attend. Mr. Roberts added that the financial consultants
should also be invited. He added that they do not like to be referred
to as fiscal agents. It was decided that the meeting be held on
Wednesday, November 28, 1973 at 7:30 P.M. Mr. Klinck said Russell g
Axon understood that the purpose tonight was .merely to make a presenta-
tion, lay it open for discussion and then mi]ow time for consideration.
l~iayor Jackson asked the newspaper reporters to publish the meeting date
and time as well as the purpose.
Environmental Protection Agency
Mr. Klinek noted Council was advised at the last meeting that the De-
partment of Pollution Control issued certain orders regarding the
sewage treatment plant. Since that time, Russell & Axon has had people
at the plant every day. One of the tl%ings done was to effectively seal
all possible bypasses. The plant cannot be bypassed. They have also
repaired some of the automatic flood control and helped to see that
the plant personnel were assisted ~th getting the pump repaired and
some other elements. There is a treatment problem up there and Russell
& Axon is trying to find out the cause of loading of suspended solids
coming out of that plant. It isn't a ease of plant personnel dumping
anything as they had been previously accused of doing. In fact, the
seals are so effective that if they were to tz~F to dump anything, some
masonry would have to be destroyed and it would be clearly evident to
anyone who wanted to inspect it.
~. ](linck said he was concerned with completing the emergency repairs
as soon as possible. Otherwise~ the City %.~uld be on a moratorium and
possibly receive a fine of $5~ 000 per day for polluting %,~thout proper
permit.
17-
MIAWdTES OF REGULAR CITY COUNCIL ~ETIN~ OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT CITY ~LALL, TLIESDAY, NOVE~'IBER 20, 1973.
Inter-City Authoritv
~. ~linek said the City must make a decision in regard to its
participation in the regional p~ogra~a as set down in the Water Quality
Management Plan which was adopted by the Area Planning Board last
October l?th. ~dnder that Plan~ Boynton Beach would eventually in
the long run phase out its sewage treatment plant but in the immediate
future see that lines are installed to connect to the Delray Beach
System and make use of their treatment plant which is to be built
when EPA grant money is received. In order to implement that plant,
the first step that Boynton Beach has to go through is to get together
with a representative Of the City of Delray Beach through some
sentative of tb~s City and wogk out what might be called an inter-local
authority. ~nis is what the Wat~ Quality Management Plan ~a~s one
of the options. This body %Duld have the authority and the power to
raise money by issuing bonds. It would consist of members of both
cities. It would be a separate entity from the City of Boyn~on~each
and f~om the City of Det~ayBeach. Each Citywould be
sented on it by its selected representa~tiveo Before ~at.can be.~done,
there must be some oonfe~ence~ between the representatives o~ thc two
cities to get something of this type formed and bringitbackt~ Council
for implementation.
Mayor Jackson read the five alternatives given in the Water ~uality
Management Plan: l) Delray Beach can purchase additional land (a
minimum of 54 acres ~as suggested)~ ~) Boynton Beach can purchase
additional land; 3) Boynton Beach can contribute capital to Delray
Beach for land purchased; 4) An inter-local authority can ae~ire the
land (as suggested by Mr. ]Clinck. Mr. ]Clinck noted that Mayor Jackson
~s reading with reference to possible expansion of the treatmen~ plant
site and Mayor Jackson concurred, adding that it all works in wi~h
the same thing. 5) An area-wide authority can acquire the l~nd.~ MayoP
Jackson asked if that %,~uld be the County. Mr. K!inck said the area-
wide authority depends on the size of the area that's included in the
referendum to establish that authority. That might just be the Delray-
Boynton Beach area.
~,~yo~ Jackson asked if Mr. ]Ctinck felt the two cities should discuss
this to see what direction they wanted to follow. She noted there was
no choice but to go to Delray. Mr. ]Qlinek said De!ray is ready to
negotiate withboynton Beach. He said that there was an open door and
the City had to first decide whether it will or it won't comply with
the plan. If not, the Citymay as well forget any future Federal or
State participation and plan on funding all sewer problems itself. On
some Other problems, the Federal or State gover.nment might step in
and take the operation away from the City and 9%va instructions as to
how to handle it.
Mr. DeLong said they had been through meetings with the State before
and when they say jump~ you say how high. He said since there were
no alternatives and the City definitely had to qo in, he suggested
- 18 -
MIt~FdTES OF REG~_LAR CITY CObLNCIL 5~ETING OF THE CITY OF BOY~TON
BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, NOVEMBER 20, 1973,
that Mayor Jackson .appoint M_~. Paul Staz~czman with the sanction of
the Council to explore the setting up of this particular inter-city
authority, since he has great expertise in this field. Council con-
cuffed with this suggestion if Fi~. Startzman would accept the appoint-
merit and they discussed his many capabilities in this area.
Mr. ~linck felt this was an excellent consideration. He pointed out
that when it comes down to Boynton and Delray negotiating~ Russm]] &
Axon %~uld have to stay out of that picture because mema~ks have
already been made about who they are working for. He said they would
still be in a position to supply technical assistance to Boynton Beach
and De!ray Beach, but would not get involved in negotiations.
Maintaining PL92-500 Grant Eligibility
Mr. Klinck referred to eOr~espondenoe that Russell g Axon has sent
to Council through the City Manager, dated November l, 1973, re~arding
application for Federal aid. He said it included a set of guidelines
which have just been clarified within the past few weeks. There are
very short deadlines to complete the studies indicated -- the industrial
waste ordinance, the infiltration/inflow analysis of the sewage system
(Mr. }%linck noted that some o~ the work had already been done on this
under Council's authorization for this infiltration curtailment program).
The plans and specifications that Russell g Axon prepared for this are
part of the submitt?l, but the EPA requires quite a bit more.
Klinck said he received the latest revised guidelines last Friday for
the infiltration/inflow analysis. It is a ~imeographed book - ~ thick.
The first study has to be prepared by March 1st which was extended from
January 1st. The follow-up reports and studies have to be in by April
15th.
P~. DeLong asked if the City was going to be in the market for an
$11,100,000 grant, as he felt this was a large an~unt. Mr. K!inek
said the wa~er and sewer program was combined in this amount -- water
plant expansion, wells. Also, the reports the City has received haven't
been completed as ~ar as the fiscal portion is concerned.
Mr. Harmening asked if there would be any chance for grants for water in
the near future. Mr. Klinck said no -- only sewe~. Mr. Harmehing
asked if it was necessary to submit the planning for both in order to
secure the possible grant ~or sewer, t~. ]Qlinck said in the sewer
projects there are questions concerning the water system and its ade-
quacy that have to be backed up.
Mr. DeLong said in order that there wouldn't be any misunderstanding
on the part of the Council members, particularly when the bills start
to come in -- Mr. DeLong read from Russell $ Axon~s letter of November
1st ~... To complete present EPA reporting requirements to support
your $11,100,000 grant request, we estimate an addi~ional $12,750 in
RSA services as detailed below must be completed by January, 1974 and
an additional $19,000 by April, 1974. These services also include
- 19-
MINGTES OF REGULAR CITY COUNCIL MEETING OF ~HE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, NOVEMBER 20, 1973.
routine work suoh as re-filing the applications, in addition to
the major work efforts of satisfying the infiltration/inflow reporting
requirements. Please remember that 75% of the cost of all these special
pre-grant reports v~ll be reimbursed with your grant offer.
DeLong said that is providing the Cji7 does get the grant offer, but
the fee still has to be paid. Mr. ]Clinek coneurTed. Pit. DeLong noted
that there were approximately $30,000 more in additional fees in
making applications for the grants.
Mr. ]Clinck said this was for making the supporting studies t~hat go with
the applications. This has been qoing on for the last couple of years
-- every year a whole new application has to be submitted with new
forms eominq out and new ideas about supporting documentation. Mr.
DeLong said even if there is only the remotest eh~ce, the City still
must apply.
The City was going to spend $30,000 in fees, but there was no guarantee
of getting the grant. M~. Klinek said these were the maximum costs
and it could be less in the end. He wasn't sure how much of the work
already done would be accepted. Discussion ensued as to what the
actual cost would be and Mr. Klinek clarified that some of the work
outlined was to be done by City crews or private contractors, with
R&A supervision. Mr. Klinck said that both a dry weather and a wet
weather infiltration survey was required. The dry weather survey
was done at which time about a half million gallons per day infiltration
was found. In the wet weather survey, it appea~s that the infiltration
is mo~e than twice that.
Mr. Roberts asked if it was necessary to ar~ive at a conclusion tonight
or could this be left for the next meeting. It was clarified that Mr.
Xlinck needed action tonight,
Mr. DeLong asked Mr. Flynn if it was necessary to go into the ~ti!ity
General Fund for this work -- which was approximately $87~000.
Flynn said the only source %.~1! be the ~tility Fund. Mr. DeLong said
since the last time he had a check on the ~tility General, the figures
he received less $~ million to be paid to the Lauderdale Corporation,
until such time as the grant is received from the government to re-
plenish that fund, it showed that there were $637,817.64 in the damper.
Mr. Flynn said at that time, the City had to catch up on its standing
with the Atlantic National Bank which reduced that amount by $i13,000.
Mr. Flynn said he prepared some documentation and it was clarified that
there were ample funds to cover the studies to be made by Russell
~on.
Mr. Harmening asked PL~. Flynn to amplify his statement as to the
documentation he had been asked to prepare. Mr~ Flynn said there were
so many ~amifications in this one overall Dicture -- the objective
that he was striving for iE~ediately was putting the City in a position
to advise Russell g Axon and show good faith regarding the Environmental
Protection Agency in having ~lr. ¥~linek receive full authority
20 -
MK~NGTES OF REGULAR CITY COUNCIL ~4EETING OF THE CITY OF BOYNTON
BEACH, FLOR/DA, HELD AT CITY HALL, TUESDAY, NOVEMBER 20, 1973.
the City to release to contract the
plant with the next step going into
to get into the bond market. Under
~hese things lead in together. Not
87,000 will be available regarding
plans for working on the sewer
the adoption of a change in rates
the question just asked, alt
to make it too complicated, the
this report.
Pit. Klinck said to rub out the $87,000. The $12,750 referred to is
the sum of these reports that have to be prepared by the January 1st
deadline. The $19,000 by April, 1974 is these two items, Task 3b and
3e on page 3 of the November 1st letter. Therefore, the amount of
the studies would be $31,750 for the entire report. P~. Klinck pointed
out that Task 3a in the amount of $22,500 applied to City crews or
private con~ractors doiD~ work under Russell g/~(on supervision.
Mr. Harmening moved to instruct R&A to prepare the necessary docu-
mentation and do the necessary work to ms~ ntain the City's eligibility
for Federal grants in accordance with the latest guidelines and
latest changes as promulgated by the Environmental Protection Agency
with the fee to be taken from the Utility General Fund. Mr. DeLong
seconded. There was no discussion. Motion carried 4-0.
Notice of Public Hearing - Department of Pollution Control
Mr. Klinck said notice of a public hearing by the Department of Poilu-
tion Control %.~s received today. It will be held on December 18th
in Tallahassee for the purpose of considering public comments on the
proposed revision of the fiscal year 1975 priority schedute~ for
instance if Boynton Beach has some comments about how they would like
to suggest better consideration on the priority system. Before this
public hearing, ~ workshop sessions will be held in Jacksonville
on November 30th and in Orlando on December 7th. ~4r. ]Clinck said
Council might want someone from the City to attend those. Representa-
tives from Russell & Axon are planning to attend the session in
Jacksonville on November 30th.
~,Ir. DeLong said in view of the fact that the water and sever in the
City is now under engineering, he felt the City Engineer has a grasp
as to what the City's situation is. He asked l~r. Klinck if Mr.
Clark should represent the City or if Russell & Axon would like to
do so. He asked if this was a mission Russell g Axon generally car-
Iied out for municipalities and Mr. ]Clinek said yes. ~. DeLong asked
if Russell & Axon appeared in behal~ of t%o different cities~ would
it weaken either city's stand. Pit. ]Clinek recommended that the City
have somebody of its own family up there because Delray was going to
send somebody. He said that the Department of Pollution Control
recognizes the fact that Russell & Axon has spoken for both cities and
it doesn't pose any problem. Afte~ further discussion, it was decided
that 1~. Clark attend the meeting.
Mr. Canavan asked from the audience if he could speak under '~Old Busi-
ness~ -- the Environmental Protection Agency and Inte~-city Authority --
21-
~rrNUTES OF REGULAR CITY COUNCIL ¥£ETING OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, NOVEMBER 20, 1973.
in regard to sewer and water. Mayor Jackson said there would be a
special meeting on November 28th and everyone was invited to attend,
if ~ir. Canavan wished to speak at that time. Mr. Canavan said he?d
been before the County Commission and dedicated his services for $1.00
per year due to the fact that he has a vast knowledge and experience
in sewer disposal and water in New York and Florida.
Nh~V BUSINESS
Canvas of Election Returns
Completed earlier in meeting.
Receipt of Petition - Residents of N.W. 7th Court
~. Kohl refezTed to his letter for the agenda and attached petition.
This is a shell rock road which needs paving. He requested authoriza-
tion to proceed with this request, asking the City Engineer to su~t
the front footage assessments so it could be presented to the City
Attorney to draw up an O~dinance. This information will then be sub-
mitred to the City Council to establish a public hearing at some
future date.
Mr. DeLong interjected that he would like to congrat/zlate Mr. Strnad
and Mr. Winter on their standing in the primary election results -- as
they were just about to leave the meeting.
Mr. DeLong moved to accept the recommendations of the City Manager,
seconded by P~r. Roberts. There was no discussiQn. ~otion carried
4-0.
hr. Harmmning noted that the light the people also requested on the
petition has already been handled administratively.
Discuss Energy Conservation
It was noted that Mr. Canavan had left, although he had requested .to
speak about this subject earlier.
Mayor Jackson noted that she and Mr. Kohl had spoken about this and
she believed Mr. Canavan was also going to mention that several years
ago, every other light was turned off on U.S. 1. hr. Kohl has con-
tacted Florida Power & Light and he is in the process of trying to
contact the right party at the Departn~ent of Transportation.
Mayor Jackson asked if anyone had any. other suggestions to conserve
energy. She suggested turning the air conditioning down and she
noticed that it had been warmer in City Hall. The heat should also
be kept down. She said everyone has already started using daylight
as much as possible. She also suggested that everyone be reminded
to turn lights off as they leave a room. She said she didn't want
to see the ChDistmas spirit lost by not having any lights.
- 22-
PiINU.TES OF REGULAR CITY COUNCIL FzEETING OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, NOVEMBER 20, 1975.
Mr. Kohl read an excerpt of an article that appeared in the Miami Herald
on November 15, 1973, in which Mr. Hayes of Florida Power & Light was
quoted ... ~tayes~ while applaudin9 efforts by several governme~ts~
particularly West Palm Beaeh~s decision to turn off Christmas lights~
said such actions would be almost insignificant. ~ Mr. Kohl said to
have Christmas -- it only comes once a year.
ADPLINISTRATIVE
Mr. Roberts asked if the meeting was .going into Administrative now,.
perhaps some of the more important items could be finished tonight,
with the meeting contiD~ing on Fi~iday afternoon or some other time.
He felt it was getting too late to handle all the items on the agenda
properly.
Mayor Jackson concurred and discussion ensued as to which items should
be handled first.
Discuss Thanksgiving Holiday (Councilman Wallace)
Mr. DeLong noted that Mr. Wallace recommended that Friday after Thanks-
giving be granted a holiday and Mr. DeLong moved to that effect. Mr.
Harmeoing noted that it was the policy of many governmental bodies
to have floating holidays -- one or two per year -- and these floating
holidays can be used in instances such as this. He added that the
County would be off and Mayor Jackson said the Cities will be too. Mr.
Harmening seconded the motion. There was no discussion. Motion carDied
4-0.
Mr. Roberts asked if there was any other day that would be suitable
to finish up the items on the agenda. After further discussion~ it
was decided if the agenda eoutdn't be finished by 11:00 P.M., the
meeting would be continued on another day.
Consider Request of Police Athletic Club
P~. Kohl read his letter for the agenda as follows, referrin9 to a
letter received from ~:ir. G. Donald Fenton, Vice President of the
Police Athletic Club, dated November 5, 1973, requesting the allocation
of an additional personnel slot for the Police Department to be used
for a full time director for the Police Athletic Club:
'~I appreciate Mr. Fenton~s concern and certainly consider
this endeavor a most v~rthwhile cause which is indicative
of the interest and desire of this organization to help
the youth of our community.
However~ as stated in the letter there are many contin-
gencies that must still be considered by this fine organiza-
tion. Further, I question the .... ~securing of substantial
funds from the Community Relations Board' ... which is our City
Board. There£ore, all funds which are unknown at this time
~uld of necessity come from the City. This would
- 23 -
MINI1TES OF REGULAR CITY COUNCIL MEETING OF ~TqE CITY OF BOYNTON
BEACH, PLORIDA, HELD AT CITY HALL, ~dESDAY, NOVEM~BER 20, 1973.
have to be another contingency which Council would have to
consider and approve at some future date.
I consider the request for an additional position in the
Police Depaz~cment to be designated as Director, to be
pre-mature at this time and respectfully request the Police
Athletic Club re-submit their request at a future date
when all stipulations and their plans are finalized and
closer to completion.
I therefore recon~nend for reasons stated above, this request
be considered at a later date.~
Mr. DeLong moved to accept the recommendation of the City Manager,
seconded by Mr. Harmening. ~. Kohl added that he spoke to Mr.
Don Fenton today and gave him the same ir~ormation and received a
letter from the Police Athletic Club and he has that information.
There was no other discussion. Motion carried 4-0.
Consider Appointment of Bi-Centennial Commission
Mr. Kohl referred to his letter for the agenda with attached partial
correspondence received from the Bi-Cente~al Commission of Florida,
including six additional pages of instructions for Council's review.
Mr. Kohl explained that the government wants the City to have a Bi-
Centennial Committee and he requested that Council appoint such a
committees consisting of menfoers of the comm~r~ty who will be willing
to participate in this program to i~s culmination in 1975 in c.e!ebra-
tion of this Nationts 200th anr~versary.
Mr. DeLong moved to leave this within the scope of the City ~anager and
the Mayor, seconded by Mr. Harmening. There was no discussion. Motion
carried 4-0.
Request Approval of Merit Increases for Department Heads (2)
Mr. Kohl asked for approval on this item without reading his letter
for the agenda. Pit. Harmening moved to accept the City Managerts
recommendation for a merit increase for two individuals, seconded by
Mr. DeLong. There was no discussion. Motion carried4-0.
Request Authorization to Go Out for Bid - Re: Replacemant of Old
Sewer Lines
Mr. Kohl reported that certain areas in the City are being serviced
by sewers installed in 1926, in which vamious sections of pipe are
in a state of poor repair due to t~ee roots, sand infilt~ation~ etc.
necessitating the need for constant maintenance.
Tw~ areas of special concern that need immediate replacement are as
listed, along with engineering estimate for construction. (A sketch
MINUTES OF REGIILAR CITY COQNCIL MEETING OF THE CITY OF BOYNTON
BEACH, FLORIDA: HELD AT CITY HALL, T~ESDAY, NOVEMBER 2~: 1973.
was attached for Councilts perusal.)
East and west easement between N.E. 2nd Ave. and
N.E. 3rd Ave. f~om N.E. 1st Street westward 606
lineal feet. Property owners along this area are
waiting for line to be replaced so that they may
have area paved behind new shopping plaza on N.E.
2nd Avenue.
Engineering Est.: $6,885.60
2. Alor~ Ocean Avenue between N.E. 1st Street and
Seacrest. This line services school on Ocean Ave.
Engineering Est.: $8,268.04
These sewers are not included in Russell & Axon's infiltratian plans
because sewers are above water table.
Monies for these two projects are available in Dept. 6230 - Account
No. $82.
Mr. Kohl requested permission to have plans and soecifications prepared
by the City Engineer for the above projects and a~vertise for bids.
Mr. DeLonq moved that the request for permission to have plans and
specifications prepared by the City Engineer for replacement of old
sewers be granted. ~r. Roberts seconded. Mayor Jackson asked if
this was similar to some earlier work that was done and Mr. Kohl
said yes. He added that this sewer was so bad~ men were working on
it every week. It was costing more money than the cost to replace it.
Motion carried 4-0.
Acceptance of Change Orders - Re: Fire Station
Mr. Kohl referred to his letter for the agenda with a request for
change orders f~om Mr. George Davis, Architect as requested by
Fire Chief Gene Wright as follows:
Provide 3/4~ electrical conduit approximately 50' long,
~%th adequate wi~ing, with outlets ~or electric welder
and air compressor.
2. Provide 3/4'~ conduit underground for telephone outlet
in kitchen area.
Mr. Kcbl said he has already accepted these change orders in the
amount of 8132.00 so there would be no delay in this project. For
the record, he requested Council's concurrence.
Mr. DeLong moved that Council concurs, seconded by Mr. Harmening. Hnder
discussion, it was noted that all the City Manager's recommendations
would be spread upon the minutes. Motion carried 4-0.
- 25 -
MINUTES OF REGU~LAR C~TY COUNCIL MEETING OF ~HE CITY OF BOYNTON
BEACH~ FLORIDA~ HELD AT CiTY HALLs TUESDAYs NOVEMBER 2~ 1975.
Application for Permit to Solicit - Re: United Cerebral Palsy
~rs. Padgett confirmed tha~ this request was in order with the dates
of solicitation to be from January 1 to 15, 1974 for the purpose of
eoltecting funds towards research for the prevention and treatment
of cerebral palsy. Mr. Roberts moved to grant this request, seconded
by Mr. Harmening. There was no discussion. Motion carried 4-0.
.Application for License - Madam Wray-Palmist
Mr. Kohl noted that there was only one item missing from the applica-
tion and he learned today that the fire extinguisher was installed
according to the Fire Marshall. He therefore recommended this license
be issued. The establishment was re-inspected on November 18th and the
applicant was found to have complied with the Fire Department's pro-
visions.
Mr. DeLong moved to grant the license if agreeable to the Council.
Mr. Roberts asked if this came under the category of entertainment or
what. Mayor Jackson advised ~t came under $icenses and was sub-
ject to Couneil action. Mr. ~ said in previous years, oD~y a
certain amount of money was paid, ~ut this y~ar the exact fee in the
book is being paid. It was clarified that this was an occupational
license for a palmist %.~th the provision that this license had to come
before the Council for approval. ~otion seconded by~r. Roberts.
t~layor Jackson noted that the fee was $750. Motion carried 4-0.
Discuss Christmas Bonus for City Employees
~. Kohl referred to a r~Quest from Mr. Sullivan, Personnel Director,
for preparation of the employees~ bo~us checks. He understood that
employees have been receiving this bonus every year, and suggested
that employees again receive a bonus of $10.00 each.
If Council approves this request, Payroll and Personnel Departments will
be immediatly advised so the checks may be prepared well in advance,
thereby eliminating the ~!ast minute preparations~ of previous years.
Funds are available from the Salary Account ~,&tl0 of each department.
~'ir. DeLongdidn't want to stand in the way of such a small gratuity and
he felt this was too small a bonus. There should be a graduated scale
for a Christmas bonus and this should be taken up at the next budget
hearing. He felt the City was very fortunate in its employees and
other cities treat their employees more kindly in across the board
increases. If a small gratuity was given, for examplel-5 years $25.00;
5-10 years ~40.00 and after 10 years perhaps $60.00, he felt the City
would be getting a good bargain for a small amount of money.
Mr. DeLong moved to approve the City Manager's request, but he did not
feel good about the amount of the bonus. Mr. Roberts believed that
this came into being about a year ago and it was not an annual occur-
rence. After further discussion, P~r. Kohl said he was just advised
~ · MIhrGTES OF REGULAR CITY COLrNCIL ~ETiNG OF THE CITY OF BOYNTON
BEAM, PLORIDA~ HELD AT CITY HALL, TUESDAY~ NOVEMBER 20, 1973.
that prior to the $10.00 bonus, it was a week's pay. Mr. P~berts
seconded the motion. Motion carried 4-0.
Request Approval for ~hange O~ders - Wilson Center
Mr. Kohl read his letter for the agenda as follows:
~%~. Charles Prederick, Recreation Director, has re-evaluated
the needs at Wilson Recreation Center's expansion program S
recommends the following change orders for the restrooms:
!. installation of new fixtures
2. Re-installment of adequate water pressure
3. Tiling of bathroom walls
4. New terazzo floors.
The res~ rooms are in deplorable condition and the water
pressure is very low with some units not flushing at all. Inas-
much as we are in the process of improving and expanding Wilson
Center at the present time, we feel these improvements are
needed urgently and would add immeasureably to the sanitary
conditions at Wilson Center.
It is anticipated that this work would cost approximately
$1,100.00 and we respectfully request permission to add these
change orders to the present contract.
Punds are available in Capital Improvement - Federal Revenue
Sharing according to our Finance Director~.
Mr. Xohl concurred with Mr. Frederi~k's recommendations and requested
approval to proceed.
I~m. DeLong said he didn't concur ~th this in its entirety. The Build-
ing Official has already taken care of the water pressure problem and
the installation of new fixtures is not necessary because they can be
cleaned with a weak solution of mumiatic acid. Mr. DeLong agreed with
the tiling of the bathroom walls up to six feet high, but he wouldn't
go along with new terazzo floors because nothing is wrong with the
floors there now.
Mr. Plynn asked if this was ~nere the meals were prepared for the needy
and he was advised that it was. He said there should be secumity
measures supplied for the storage of their food. Mr. DeLong advised
that provisions have been made fo~ that.
~.L~yor Jackson clarified that someone knew how to use muriatic acid
and Mr. DeLong verified with ~r. Barrett that the water pressure was
being taken care of up at the Wilson Center and that the fixtures
could be cleaned up. Mr. Barrett agreed that the terazzo floors could
be cleaned and made servicable. Mr. DeLong moved that the request be
granted only to the exter~ that the bathroom walls will be tiled six
feet high. Mr. Roberts seconded. ~mnere was no discussion. Motion
carried 4-0.
- 27
~LINGTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON
BEACH, FLORIDA: HELD AT CITY HALL~ T~ESDAY, NOVEMBER 20, 1973.
Consider Refund for Cemetery Lot and Transfer of Cemetery Lot
Mr. Kohl referred to a refund request from Mrs. Atone C!eland for
Cemetery Lots 100 and t01-Blk. E. Deed has been returned to the City
and majority of Cemetery Board members have been polled and approve.
F~. ~ohl recommended $200.00 be refunded which is 80% of the o~iginal
p~rehase price.
Mr. Kohl referred to a request from Mrs. Vera Hecko for transfer of
ownership on cemetery lots 75 and 76-Blk.
Deed has been returned to the City.
The Cemetery Board was called and majority members agreed. One
member is out of town. This ~ill be confirmed at the next Cemetery
Board meeting. Mr. Kohl recon~nended the t~ansfer.
Inview of everything being in order with re~ard to the above two
requests, Mr. DeLong moved to comply with the City ManagerTs reoon~r~.
t-ions, seconded by Mr. Roberts. There was no discussion. Mo~ion
carried 4-0.
List of Payments made in September
b~r. DeLong moved that the list of payments made in September be
accepted for filein the on-cunt of $982,531.05, seconded by FLr.
Hammening. Hnder discussion, it was clarified that these bills have
been paid and the list is accepted for the file. Motion carried 4-0.
Approval of Bills
Mr. Kohl read the following list of bills for approval:
1. Rite way Paving Co. Inv. ~4459 of ll/7/73 $13,124.83
~asa Loma Blvd..improvement
Pay from Encumbered 100-338 for 1972-73 Budget.
Lauderdale Contracting ~Y
Payable from 1971-5.9 $I,000~000.00
Sewer system expansion Bond Fund
91,377.07
Badger Meter Inv.
For Water Meters
Pay from 6130-582
~95181 of 10/17/73
5,803.80
4. Allen Insurance Agency 64,297.00
General City insurance coverage under
lowest bidder for 5-year contract.
Funds budgeted.
5. Senior Citizens Friendship Club 170.00
~ay from Federal Rev. Alloeation for
special indigent services.
- 28 -
~I~NI1TES OF REGULAR CITY COllNCIL ~iEETING OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL, TIiESDAY~ NOVEP~BER 20, 1973.
.Approval of Bills (Cont'd)
Lee A. Walker Co. P~oj. ~73-6-6
B. B. Fire Station ~2
Pay ~om Federal Revenue Sharing Funds
Hardrives, Inc. Inv. ~17805-Job 4079
Paving as per contract N.E. tst St.
of N.E. 9th Ave.
Encumbered ~unds from 1972-73 Budget
Odom Tank Co~ Inc.
Final payment on 12-year contract.
Funds available in 6400-457
Budgeted 1973-74.
$20,417.40
9,127.50
6,000.00
9. ~iracle Recreation Equipment Co. 6,710.50
Playground Equip. for R611ing Green Park
& ~orestHills Park
Encumbered funds f~om 1972-73 Budget 100-338
The above bills have been approved and verified by the department
heads involved; checked and approved for payment by the Finance
Director~ funds a~e available in their respective budgets.
Mr. Harmening moved to pay the bills in accordance with the City
P~anager~s recommendation. Mr. DeLong seconded if ~r. Harmening would
accept the fact that he wanted a statement from the Building Official
to the effect that before the $20~417.~0 is paid to Lee Walker on the
Fi~e Station that corrections have been made. Mr. Harmening agreed.
There was no discussion. Fiction carried 4-0.
OTHER
P~oposed Resolution No. 73-SSS - Re: Bus T~ansportation (},~ayor Jackson)
~ir. Simon read Resolution No. 73-SSS -- A Resolution of the City Council
of the City of Boynton Beach, F!o~ida, Requesting the PaLm Beach
County Transportation Authority to Complete the Established North-
South l~ass Transportation Service Through Palm Beach County in Order
to Alleviate the Fuel Crisis, etc.
N~. Ha~mening moved for the adoption of Resolution No. 73-SSS,
seconded by Mr. Roberts. There was no discussion. Mrs. Padgett con-
ducted the roll call vote as follows:
Vice Mayo~ DeLong
Councilman Harmening
Councilman Roberts
Mayor Jackson
Yes
Aye
Yes
Yes
~otion carried 4-0.
MII~/TES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON
BEACH~ FLOi~TDA~ HELD AT CITY HALL~ T~ESDAY~ NOVEPLBER 20~ ~75.~a
~. Simon said the non-jury trial of the Blueprint Construction case
is scheduled for trial some time next week. He felt Council should
know about it in case they wanted to attend. Also, Pit. Simon said
he may need some members of Council as %~itnesses.
Mr. Roberts thought they would get some p~ior notice and Mr. DeLong
thought it was already squared away. Mr. Simon clarified that a
Summary Judgment had been requested.
There was some further discussion regarding the status of the sign
ordinance proceedings.
ADJOURNMENT
~. Harmening moved to adjourn, seconded by M~. DeLong. Motion
carried 4-0. Meeting adjourned at 10:57 P.M.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
~ ~/ Mayor
Councilman
Coun6ilman
City Cler~
STATE OF FLORIDA )
COUNTY OF PALM BEACH ) SS
CITY OF BOYNTON BEACH )
TO THE HONORABLE MAYOR AND COUNCILMEN
OF THE CITY OF BOYNTON BEACH, FLORIDA:
We, the undersigned Clerks of the Pmimamy Election held on the 20th day
of Novembem, 1973 A.D. fom the purpose of electing two (2) candidates
rom Council, do hereby eemtify that at such Primary Election the results
were as follows:
CANDIDATES North South TOTAL
Stephen M. Kochakian
O. T. McLean
David Robemt s
Frederick M. Smith, Jr.
Norman F. Strnad
John Frank White
Garry W. Winter /
Write in Votes
Absentee
0 O 0
TOTAL VOTES CAST
Swomn to and subscmibed before me
this 20th ~ay of November, 1973.
City Clerk
?~k, Nomth Pre~hct
STATE OF FLORIDA )
COUNTY OF PALM BEACH ) SS
CITY OF BOYNTON BEACH )
TO THE HONORABLE MAYOR AND COUNCILMEN
OF THE CITY OF BOY'TON BEACh: FLORIDA:
WeD the undersigned Clerk and 'Inspectors of the Primamy Election
held on the 20th day of November~ 197~ AD for the purpose of nominating
four (4) candidates for Council do hereby certi£M that at such Primary
Eleetion~ the total votes east at the North Precinct were:
o£ whieh
Stephen M. Kochakian
O. T. McLean
David Roberts
Fmederick M. Smith, Jr.
Norman F. Strnad
dobm Frar~k White
Garry W. Winter
WRITE I~ VOTES
reeeived
~eeeived
reeeived
reeeived
received
reeeived
reeeived
SPOILED BALLOTS
votes
vo~es
votes
votes
votes
VO~eS
votes
ABSENTEE BALLOTS
And wed sueh Clerk and Inspectors~ do make the £oregoing as our
return to you of the results of such Primary Eleetion and we do deelare
the above and ~oregoing to be the result o~ the Primary Eleetion in
the North Preeinet.
I~spector ~
Inspeetor
Inspector
Inspector
STATE OF FLORIDA )
COUNTY OP PALM BEACH ) SS
C~Y OF ~3OYL~ON BEACH 2
i Election~
TO THE HONORABLE MAYOR AND COUNCILMEN
OF T~E CITY OF BOYiqTON BEACH~ FLORIDA:
We~ the undersigned Clerk and Inspectors of the Primary Election
held on the 20th day of November, 1975 AD for the purpose of nominating
four (4) candidates for Council do hereby certify that at such Primary
the total votes east at the South Precinct were:
which
Stephen M. Kochakian
O. T. McLean
David Roberts
Frederick M. Smith~ Jr.
Norman F. Strnad
John P~am/~ White
Garry W. Winter
WRITE IN V~TES
received
~eceived
received
=eoe ved
received
received
received
SPOILED BALLOTS
ABSENTEE BALLOTS
votes
votes
votes
votes
votes
vo~es
votes
And we~ such Clerk and Inspectors~ do make the foregoing as our
return to you of the results of such Primamy Electionand we do declare
the above and fomegoing to be the result of the Primary Election in
the South Pmecinct,
Inspector ~-~
Inspector
- inspector