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Minutes 07-20-76MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD IN CITY P~&LL, TUESD~Y, JULY 20, 1976 PRESENT Joe .DeLong, Mayor Joseph F. Zack, Vice Mayor Edward Fo Harmening, Councilman Emily M. Jackson, 'Councilwoman Norman F. Strnad, Councilman Frank Kohl, City Manager Robert B. Reed, City Attorney Tereesa Padgett, City Clerk Mayor DeLong welcomed everyone and called the meeting to order at 7:30 P. M. He requested everyone to arise at the sound of the gavel for the invocatio~ given by City Manager Frs~ Kohl, and to kindly remain standing for the Pledge of Allegianee to the Flag led by Councilwoman Emily M. Jackson. Announcements Mayor DeLong called upon the City Attorney to give a report concerning a restraining order regarding Village Royal~ on the Green. bM. Reed referred to Palm Beach County entering a restraining order two weeks ago and advised that they have the case ~nder advisement and plan to meet with the City Department Heads involved this week. Mayor DeLong requested anyone in the audience wishing to ad- dress the Co~c~l on any item on the agenda to please step forward at this time and give their name to ~s. Padgett and ~ · when that becomes the order o~Bns~ness, they will be called upon. Mayor DeLong announced that on the Agenda under Leg~l, Other, there will be the first reading of the ordinance relative to the referendum. He added that.it was not submitted until this morning Because the attorney has been doing work on it. M~yor DeLong read a notice from the ~ome~n~s League of Voters ~dvising that the books will close on Saturday,July 24, for registration for the primary election and he read the loca- tions listed to resister. He added that if anyone was going to be away on election day,. they could write in for an absen- tee ballet. Presentation of Service Awards to Cit~ Employees Mayor DeLong announced the following employees receive ser- vice awards for their employment with the City of Boynton Beach. The employees all receive pins and the employee with 20 yeams of service will receive in addition to his pin, a $25.00 savings bond. He then made the oresentations to the following extending congratulations ~ud-commending them for their service to the City: 20 Years of Service Hulett Byrams - date of employment January 23, 1956 (Streets) MINUTES - REGULAR CZTY COUNCIL M~-~ETLNG BOYNTON BEACH, FLORZDA JULY 20, 1976 1~ Years of Service Freddie Patrick- date of employment Feb. 2, I961 (Gen. Serv.) Noah Huddleston - date of employment July 10, 1961 (Police) ~z~zie King - date of employment Feb. ~, 1961 (Bld.g. M~int.) ldre~ E.war~ - date of employment J~u~e 5, 1961 (Library) 6arolyn Smms .- date of employment July 5, 1961' (Recreation) ~.0 Years of Service T. B. Hicks - date of employment July 14, 1966 (Garage) Henry Albers - ~ate of emplsyment July 18, 1966 (Bldg. Maint.) Mayor DeLong added that it will be 46 years age that he started mn public service and one of his prime objectiv~ is his keen and close observation of those people employed by the City. Boynton Beach can be proud of the type of individual they em- ploy. He wished each smd every one good luck. MINUTES Regular City Council Meeting - July 6~ 1 976 Everyo~euncil member passed when requested to make comments. M~yor DeLong then announced a motion was in order to adopt the Minutes of the ~egular City Council Meeting of July 6, 1976, as submitted. Mr. Zack so moved, seconded by Mr. Harmening. Motion carried 5-0. S~ecial City Council Meet~n~ - July 8~ 1976 Each Council member passed except ~. Strnad, who referred to the last paragraph on Page~l and a misspelling error which should be: ~r. Condon. ~¢rs. Jackson moved that the ~nutes of the Special City Council Meeting of July 8, ~976, be adopted as corrected, seconded by M~. Harmening. Motion carried 5-0. In reference to these minutes, ~s. Jackson asked Mr. Kohl who aske~ to add the $150,O00 to the bond for the cemetery mausoleum and M~. Kohl replied that Mr. Hurford came into his office and told hLm that he could not get a loan. ~s. Jackson ~uestione~ whether he consulted with any members of the Council and Mr. Kohl replied that he believed Mr. Hurford did. ~s. Jackson stated that she felt the members of the Council were not kept informed. PUBLIC AUDIENCE Mr. Allen ~eber stated his name and that he was the owner and operator of Christine,s Coin Laundry at 556 N. E. 22nd Avenue. He referred to receiving a hill reflecting an increase in sewer charges on June 30. He told how he believe~ an error was made and checked i~to it. However, he was informed he was billed under the new rate as he is listed as a commercial -2- MINUTES - REGUI~&R CITY COUNCIL ME'ETING BOYNTON BEACH, FLORIDA JULY 20, 1976 operation. After contacting several City officials, he de- cided to appear before the City Council with hopes that some- thing can be done. He referred to the ordin~uce classifying laundries, but he has been removed from that classification. Ee then cited lower rates from two neighbor.~gcities. He is certain the City is in need of funds, but he thinks it is un- fair to penalize a small businessman like himself to gain funds. He pointed cut how this City's schedule was out of proportion. He hopes they will consider placing his business bac~ into the previous category. He then referred to condo- miniums, trailer parks, etc. opsrating coin laudries and Being in 'competition with him. He is not appealing that these ~heuld be subjected te the same hardship, but he would like to be placed in the same position as previomsly. He hopes the Council,s concern for the businessmen of this City will he~ guide them in listening to this request. M~vor DeLong requested ~M. Kohl to reply..Mr. Kohl read the letter he sent ~o all laundry owners advising that prior to June 1, they had been charged on a residential basis rather thsm commercial. This method was incorrect and he read Chapter 23-A of the City ordinance verifying this. He added that he has done some research and checked the rates in ether cities and laundries are listed at commercial rates, but they are lower than Beynton Beach. Mayor DeLong questioned whether there would be much of a pre- blem to get this rate in line with the other municipalities ~uud Mr. Reed replied there would not be any problem as long as the City has not p~edged and become obligated for any sewer and water bonds charged per this ordinance. Mayor DeLong asked if he had ascertained whether this was ~ the bond issue and Mr. Reed re~lied that he had not. Mayor DeLong suggested that a research be made. Mr. Reed agreed an~ added that it also mus~ be investigated as to why these rates were established in the existing section. ~o~9~ De~o~ announced that 2he Chair ~ould accept a motion m.mrect. ~ne City Manager in conjunctmon with the City Attor- ney to ma~e a research insofar as this appeal is concerned finding out whether any relief cs_u be forthcoming and report to the City Council. ~$rs. Jackson so moved, seconded by Mr. Zack. Under discussion, ~. Weber compared the rate from B0ynton Beach to West Palm Beach and Lsd~e Worth. Mayor DeLong replied that theywould research this and added that he believed all the members of the City Council did not have any desire to chase the limited amount of businessmen out of the City. Mr. Weber asked whether he should pay the bil.1 and Mayor DeLong replied: yes, until an adjustment is made and ~. Reed agreed. Mayor DeLong continued that the ordinance is the law and they must abide by it. They will try to get relief. Motion carried 5-0. MINUTES - P~G~AR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 2O, 1976 Mr. Mike Wolf son stated his name and informed the Council that he owned a laundry at 310 North Federal. He pointed out that according to the ordinance they are discussing, the City Mar~ger moved them from one category to smother. The category they were previously in is Section 23-A~ but the City Manager moved them to Section 23-B and it is specim fically stated in Section A. ~tyor DeLeng replied that somebody must have called this to the attention of the City ~nager ~.ud suggested letting their research proceed. Mr. Reed read Section 23-A and pointed out that it related to residential dwellings. He Believes this section refers to laundries located in residential areas such as located in multi-family dwellings. He then read Section B and pointed out that it referred to commercial. This is basic- ally upon which the rate was chef,ged. Since 1973, the commer- cial laundr~mats have been incorrectly Billed. He added that he was not ~ng any statements regarding the reasonability of the rates involved. He believes laundramats should be in the commercial classifications. N~. Wolfson replied that every condominium or residential duplex apartment has a la,n- dry room with coi~ slots on t~e machines and it is a commer- cial enterprise. ~. Reed replied that he didn't prepare this section, hut was trying io interpret the l~Euage. There is a distinction between laundries in a residential area ~nd in a commercial laundre~nat. Ee W&ll determine whether this is fair. Mayor DeLong suggested discussing this at a later date after the study is made. BIDS ~ater Distribution Main - S. W. 23rd Avenu~ M~. Eohl informed the Council that on June 28th, bids were received in the office of the Purchasing Agent on the sub- ject project. On file are copies of correspondence from Russell ~ Ax0n, which is self-explauatory, a recommendation from the Utilities Director, Mr. Perry Cessna, and the Tabu- lation Sheet. All legal requirements have been met and he concurs with the recommendations of the Consulting Engineer~ and Utilities Director. Mr. Eohl then read the attached letter dated June 30, 1976, from Russell & Axon. Mr. Zack moved to accept the recommendation of the City's Consulting Engineer and award the contract to the low bidder, Barile Excavating & Pipeline Co., 1330 S. Killian Drive, Lake Park~ Florida, in the amount of $26,140o ~. Strnad seconded the motion. No discussion~ Motion carried 5-0. LEGAL OrdinancesT 2nd Readin~ - PUBLIC ~ARING MINUTES - REGULAR CITY COUNC~L MEE~ TING JULY 20, 1976 BOYNTON BEACH, FLORIDA Proposed Ordinance 76-20 - RE: Amending Sections 6(G)(2) and 6(D)(2) to Prohibit Sales Bazaar - Farmer's Markets, Flea or Thieves Markets~ Swap Sho.ps~ etc ...... TABLED Reed read proposed Ordinance No. 76-20 by caption only. M~yor DeLong asked if anyone present wished to speak in favor of this ordinane~e. Mr. Morton Levine stated his name and his address as 2515 N. E. 2nd Court. He informed the City Council that he was the representative for the Owner's League of Village Royale on the Green. He stated that from their little corner~ of Boynten B~ach, the residents of Village Royale on the Green wish to make it known that they are in favor of the amend- ment being passed and feel justified in saying they do. He explained how a dangerous traffic situation exist~ in the area proposed for a Farmer's ~arket. Also, th~feel there are sufficient big name and well known department s~ores and retail stores of a permanent type nature to amply take care of the vicinity. He also explained how they felt proper pro- t~ction ~as given to the purchasers of goods from these per- manent type stores. They respectfully request this City Council to approve the passage of these amendments. In sup- port, he presented a petition containing 793 names. M~or DeLong referred to the second reading of this ordinance being tabled at the July 6th Comucil meeting pending a public hearing conducted by the Pla~na~_~ug & Zoning Board. This public hearing was held at their regu!arly scheduled meeting of July 13th and the Board unanimously recommende~ that the proposed ordinance be approved as written. Mrs. Jmckson made a motion to remove this from the table, seconded by Mr. Z~ck. Motion carried 5-0. Mr. Floyd Van Deusen stated his name and his address as 227 N. E~ 22nd Aveuue. In support of the amendment, he read a petition from Royal t~alm Village and submitted it to the City Clerk. M~s. Jack~on pointed out that this would not only affect this location, but the whole City. ~yor DeLong agreed. ~yor DeLong then asked if anyone present was in opposition to this particular ordinance and received no response. ~s. Jack~on moved the adoption of Ordinance 76-20 on second and final reading amending Sections 6(C)(2) and 6(D)(2) of Appendix A of the Codified Ordinances of said~City to Prohibit Sales Bazaar - Farmers Markets, Flea or Thisves ~rkets as recommended by the Planning & Zoning Board. Mr. Strnad seconded the motion. No discussion. ~s. Padgett took a roll call vote as follows: MINUTES - ~GULAR CITY COUNCIL MEETING BOYNTON BE~CH, FLORIDA JULY 20, 976 Councilman Harmening - Aye Councilwoman Jack, on - Aye Ceuncilman Strnad - ~ye Vice Mayor Zack - Aye Mayor DeLong Aye Motion carried 5-0. Proposed Ordinance 76-21 - RE: To Designate & Establish the M~u~ipal Plar~uin~ & Zo~iag Board as %he ~Local Pl~g Agency- M~, Reed read proposed Ordinance No. 76-2~ on second reading ~y caption only. ~ayor DeLong asked if anyone present wished to speak in favor ef this ordinsnee and received no response. He then asked if anyone present wished to speak in opposition and receive~ no response. _Mr. Harmening moved for the adoptio~ of Ordinance No. 76-21 on second reading, seconded by M~. Zack. No discussion. ~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack _&ye Mayor DeLong - Aye Motion carried 5-0. Proposed Ordinance 76-22 - RE: Rezoning Certain Property Located in S~e~tion 21 by_Rezoning from COt oR-lA M~. Reed read proposed Ordinance No. 76-22 on second reading by caption only. Mayor DeLong asked if anyone present ' b wms~ed to speak in favor of this ordinance and received no response. He then asked if anyone present wished to speak in opposition and received ne response. ~. Zack moved for the adoption of proposed Ordinance No. 76-22, seconded by ~r. Strnado No discussion. M~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - ~ye Councilm~ Strnad Aye Vice M~yor Zack Aye Mayor DeLong - Aye ~otion carried 5-0. MINUTF~ - REGUL.~R CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1976 Ordi?a~nces - 1st Readin~ Proposed Ordinance No. 76-25 - RE: Approving Plat of Lake ~or h Mariner Village ..... TABLED Mrs. Jackson made $ motion to remove this from the table~ seconded by Mr. Zack. Motion carried 5-0. Mr. Reed referred to this being tabled at the last meeting because they wanted to he sure all the requirements had been met. He stated that it appeared from Mr. Clark's memorandum dated July 14 to ~r. Kohl ~hat all therrequirements have been met and ~. Kohl agreed. Mr. Reed then asked the members of the Council if they desired to have the first reading of the ordinances by caption only. M~or DeLong Dolled the Council members and they agreed it was acceptable to read by caption only with the exception of Mrs. Jackson. Mr. Reed read proposed Ordinance No. 76-25 on first reading by caption only. M~. Zack moved for the adoption of Ordin~mce No. 76-25 on first reading, seconded by Mr. Strnad. Under discussion, Mrs. Jackson suggested letting it be known that ~he Planning & Zoning Board had also recommended this and Mayor DeLong agreed and requested the City Manager to include a memo re- garding this in the future. Mrs. Padgett then took a roll call vote on the motion as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - ~ye Mayor DeLong - Aye Motion carried 5-0. Proposed Ordinance No. 76-27 - P~: Establishing a Uniform Procedure for the Application to the City for Vacation and Abandonment of Streets, Alleys, Special Purpose Easements and Other Non Fee Interests ..... TABLED Mrs. Jackson made a motion to remove this from the table, seconded by Mr. Zack. Motion carried 5-0.~ Mr. Reed read proposed Ordinance No. 76-27 on first reading by caption only. }~s. Jackson moved for the adoption of Ordinance No. 76-2? on the recommendation of the _lannmng & Zoning Board. Mr Zack seconded the motion. Under discussion, IZ~. Harmening MI~UGTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA JULY 20, 1976 read Section 4-B and stated he would like to see it spelled out a little more definitively that the $50 fee would embrace one ~articular segment of the easement or the whole easement. Mr. Reed replied that the determining factor as to how mauy fees i~ determined by the n~ber of applications. The appli- cation form shows no limitations on the size of the property. M~. Harmening withdrew his complaint then. Mrs. Padgett then took a roll call vote on the motion as follows: Gouncilman Hsrmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Aye ~yor DeLong - Aye Motion carried 5-0. ~. Zack questioned if the application was included with the ordinance and Mr. Kohl informed him that the application is mentioned in the ordinance and it is all inclusive. Proposed 0rdin~uce No. 76-28 - RE: To Change the Office of the City Planner from an Unclassified ~.a Classified Position ~. Reed read proposed Ordinance No. 76-28 on~Tirst reading by caption only. ~. Zack moved for the adoption of proposed Ordinance No. 76~28, seconded by Mr. Strnad. Under discussion, Mr. Harmening re- ferred to this City and others having ~mrying types of exper- iences with planners. He has nothing against this p~rticular man in any manner; however, if in the near future, they find he does not work out, they are sort of tieing their hands. ~yor DeLong referred to having a young man maY_lng a career of being a City Planner. It would appear in all sincerity this is his life,s endeavor and he believes he should have some protection. He explained how they did have regress with the Civil Service Board. Mrs. Jackson added that she recog- nized ~. Harmening's feelings because of their experience, but there is a year's probation. This was discussed further and M~. Kohl pointed out that even though the position was classified, itddid not mean a lifetime position and the man could be dismissed. M~s. Padgett then took a roll call vote on the motion as follows: Councilman Harmening - Aye Councilwoman Jackson ~ Aye ~ouncilman Strnad - Aye Vice Mayor Zack ~ Aye Mayor DeLong - Aye Motion carried 5-0. M~UTES - REGUIJLR CITY COUNCIL ~TING BOYNTON BEACH, FLORIDA JULY 20, 1976 Proposed Ordinance No. 76-29 - RE: To Change the Office of the City En$ineer from an ~nclassified to a Classified Position Mr. Reed read proposed Ordinance No. 76-29 on first reading by caption only. ~o lack moved for the adoption of Ordinance No. 76-29~ Mrs. Jackson seconded the motion. No discussion. Mrs. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack Aye Mayor DeLong - Aye Motion carried 5-0. Proposed Ordinance No. 76-30 - RE: To P~ohibit the Leaving of Building Materials on Project Sites in an Unsafe Condition for a Period LoDger than Six Months ~. Reed read proposed Ordinance No. 76-30 on first reading by caption only. ~,~s. Jackson moved the adoption of Ordinance No. ~6-30 on first reading, seconded by~-~. Harmening. Under discussion, Mr.' Zack stated that personally he felt that six months was too long a time and that it should be cut down to three months. The other Council members agreed and Mayor DeLong instructed ~he City Attorney to make this change. ~. Reed referred to the cleanup bond oosted and Mayor DeLong explained how this covered an entire~y different situation. Mr. Strnad questioned the penalty and Mr. Reed informed him it was a $500 fine or 90 days in jail or both. M~yor DeLong explained further how he ~hought this was appropriate with some developers not living zn the area. ~s. Padgett then took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor lack ~ ~ye ~yor DeLong - Aye Motion carried 5-0. Proposed Ordinance No. 76-3~ - RE: Pertaining to Method of Billin$ for Sewer Service Char~es _Mr. Reed read proposed Ordinance No. 76-31 on first reading by caption only. MINUTES~- REGULAR CITY COUNCIL [~TiNG BOYNTON BEACH, FLORIDA JULY 20~ t 976 Mx. Zack moved the adoption of Ordinance No. 76-31, seconded by Ms. Harmening. No discussion. M~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack Aye Mayor DeLong - Aye Motion carried 5-0. Resolutions Proposed Resolution No. 76-00 - RE: Authorizing Execution of Mutual $id Agreement Mr. Reed read proposed Resolution No. 76-00. ~yor DeLong ascertained that the City Attorney had reviewed the agree- ment and everything was in order. Mayor DeLon~ announced a motion was in tion No. 76 O0 upon the recommendation a~ud instruct the proper City officials ment. ~s. Jackson~so moved, seconded discussion. order to adopt Resolu- of the City Attorney to execute said agrse- by Mr. Harmening. No ~ms. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad -Aye Vice Mayor Zack - Aye ~or DeLong - Aye Motion carried 5-0. Proposed Resolution No. 76-PP - RE: Designating Individuals .t° Perform Duties and Functions of Board of Trustees Mr. Reed read proposed Resolution No. 76-PP. 5~. Zack moved the adoption of Resolution No. 76-PP, seconded by t-~. Harmening. No discussion, l~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - AYe Vice M~%vor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1976 Proposed Resoluti~ Service Charge uent to the !nitia - RE: To Increase Amount of and Disconnecting Water Meters Mr. Reed read proposed ~olution No. 76-QQ. to draft and she was not o be better an inter-~ Mr. ~ied, that she Mr. Zack moved the ado of Resolution No. 76-QQ, seconded by Me. Harmening. Under N~s. Jackson asked just what brought this about Mr. Kohl informed her this was recommended by the Financ~ Director. He continued with ex- p aln~ug how they have~nn~ons now and the cost has increased. Mrs. Ja~ksgn, r~fe~red to ~he rate being changed fer lau~dro- ma~s an~ s~a~em she w±she~ they would be ~otified so they coul8 give an answer when pegpleask. .Mayor DeLong stated the agenda ~a~erial is distributed previously and any member of~this Council has the.r~ to propose ~ny resolution or ordinance. Aisc, the Cit~ has the right upon the recom- mendation of Ci~ Depart to contact the City Attorney ~n. Mrs. JaCkson replied that but they should he notified to ~rmation. She ~hi~ks Manager weald be helpful. member was mo~ satis- table. ~s. Jackson replied it. ~i~. £trnad stated that item~ he went to N~. Kohl for ~o Harme~i~~ state~tthat Mrs. Jackson had touched partially on some.o~ ~he questions ~e had in mind. He then asked if the water Bills ~ere Becoming more delinquent i~ the ~ast few mgnth~and Mayor DeLong q~estioned i~ this was in~-conjunction w~th ~he resolution and Mr. Harmening replied that he felt it. was pertinent to the resolution..Mr. Kohl informed him thzt he was quite sure they were becoming more delinquent and told about ~he ~many phone call~ he had received. He added that they were in ~he red so f~r regarding connections and discon- ~ecti~ghs.~ ~yor~ ~Lo~g c~arified that the picture had changed ~a~s~ o~ ~ne oolt,ga~ion~ the City must meet in regards to ~e~m~n~. ~. Ha~,me~n~ ~tated he was inquiring speci- fically whether ~ne ra~e O~ Ge~inquent accounts ha~ increased a~d ~. Koh~ replied that he thought it haS, but he will check it out and let him know t~morrow. ~. Strnad q~estioned why ~hey went out after hours to turn water meters off or on and Mayor DeLong explained how people came home after work to find their water turned off. ~. Mohl explained further howthere was the possibility of the check being in the mail ~£having been brought in after hours. There was some further discussion and M~. ~ack then questioned whether Sect&on 9 would fill the bill and Mr. Kohl replied that actually they are not supposed to make money. MINUTES - REGULAR CITY COUNCIL ~5~ETING BOYNTON BEACH, FLORIDA JULY 20, 976 Mrs. Padgett follows: then took a roll call vote on the Councilman Harmening -Bjfe Councilwoman Jackmon - Aye Councilman Strnad Aye Vice Mayor Zack Aye Mayor DeLong - Aye motion as Motion carried 5~0. Other Proposed Ordinance No. 76-32 - RE: Special Municipal ElectiQn Mss. Jackson requested to ask a question of Mr. Reed first before the reading of the proposed ordinance and asked if he Rad any input from ~he Council on the wording of thio ordi- nance? She added that she knew there had been discussion among the Council regarding the wording of this ordinance. ME. Reed replied that he received a typed list of recommenda- tions from the Mayor. He Believes a vote was taken on the referendum and remembers discussion on several points. He doesn't remember in the past discussing wording of ordinances they have prepared. ~s. Jackson stated that when she read the ordinance and compared it with the sheet from l~yor DeLong, she found it was not quite the same. She feels this ordinance is very vague in some instances. Mayor DeLong referred to having experience with this and the City Attorney has made an in-depth study and has proposed what is to appear on the ballot. Also, the City will convey to the public just exactly what this is all about. He be- lieves Mss. Jackson voted for the referendum. He doesn't believe anyone would deny the voters of this City the right or privilege to make a determination. Mms. Jackson snggested having public hearings so the people can be told what it is all about and Mr. Reed replied that following publication, there will be a public hearing. He added that he ~as open at any .time for any suggestions from any member of the Council regarding recommendations for ordi- nances they are preparing. He believes these recommendations were submitted to the Council at least two months ago and he has not received any recommendations from any member of the Council. ~r. Zack agreed that he~made the motion some time ago suggesting that the City Attorney prepare the ballots. M~s. Jackson referred to Page 4 and the State having people working at the polls for this election and M~. Reed cl8~i- fled that she was referring to Section 5 and advised that ~he2last two s~ecial referendum elections keld in this City contained this and they did not run into a_ny problem. ~s. MINUTES - REGULAR CITY COUNCIL ~TETING BOYNTON BEACH~ FLORiDA JULY 20, 1976 Jackson continued that the County furnishes the machines and people working here and she thinks it is ambiguous that the City Co~mucil should appoint inspectors. Mr. Reed replied that he thought it was incumbent o~ the City to appoint these inspectors and Mrs. Jackson stated they would have a dual num- ber of people. ~yor DeLong stated the appropriate person for the City Attorney to contact would beuthe supervisor of elections. He suggested that they proceed with the reading of this ordinance en first reading and instruct the City Attorney to contact the supervisor of elections and any changes te be made, he will have the authority to do. ~ms. Jackson referred to a public hearing being required on the second reading and stated she didntt feel that was ade- quate. She suggested possibly putting an ad Lut'The Shopper". Mayor DeLeng replied it was the intent of the City with the approval of the City Council to run a~ ad expl~ing in ordi- nary language exactly the purpose of these questions. They intend to do this in every legal respect. The majority mem~ hers of this City Council are certainly not going to open the door again to go to the County regarding investigations. Mm. Reed added that pursuant to the State Statute, if this ordi- nance is adopted after the public hearing and~second reading, this will be published for four consecutive weeks before the election. It will receive a lot of print in theppaper. Mr. Reed read propose~ Ordinance No. 76-32 by caption only. ~s. Jackson stated she thought this should be read in its entirety s~ the people k~ow about it and Mayor DeLong ex- plained that the people were going to get plenty of informa- tion. Mr. Zack moved the adoption~f proposed Ordinance No. 76-32, seconded by Mr. Strnad. Under discussion, ~s. Jackson re- ferred to Page 2, second paragraph, Section 2, stating the City shall pay the clerP~, etc. ~ud since this is in con- junction with a County election, the County will be paying the people. Mayor DeLong replied that he believes they just reconciled that particular question in directing the City Attorney to contact the supervisor of elections. N~s. Jackson referred to the same page and Proposition 2 not being in accordance with the paper presented by the Msyor earlier this year. ~yor DeLong explained how the results of this particular referendum would not take effect in this instance until 1978 to protect the Vice Mayor, who was elected by the~people. Mrs. Jackson agreed this was how it should be, but did not think it was stated like this. Mayor DeLong suggested that she consult with Mr. Reed about this. Mrs. Jackson referred again to Mm. Reed finding about the payment to the people working and in reply, Mayor DeLong cited Mr. Reed's performance record since being employed° Mi~JTES - REGULAR CiTY COUNCIL M~LETING BOYNTON BEACH, FLORIDA JULY 20, 1976 Mrs. Padgett then took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Str~ad Aye Vice YmLYer Zack - Aye Mayor DeLong - Motion carried 5-0. Mms. Jackson stated that if the City Attorney found out there were ~hings to be changed, they must go back to first reading ~_ud Mayor DeLong replied that they would leave it up to the City Attorney. Mm. Reed added that he thought it would de- pend on the manner in which they made the motion. He sug- ges ed.possibl~ Dassing a motion in reference to Section 2 regarding the ~pa~ment of clerks and inspectorS. If the motion was wo~ded to adopt this ordinance ~L!if he discovers from the supervisor of elections that it would not he the responsibility of tke City to pay, he could be instructed to delete th~s particular section. This particular clause does not have anything to do with the substa~uco of the ballot. Mayor DeLong announced a motion was in order that if in the event there i~ any.~ha~? insofar as the City supplying clerks, insDectors, e~c., ~ne ~y Attorney will ~e authorized to delete that particular section. Mr. Zack so moved, seconded by Mr. Strnad. Yms. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - ~Je Councilman Strnad - Aye Vice Mayor Zack Aye Mayor DeLong Aye Motion carried 5-0. OLD BUSI.,~SS Traffic Lights - Maygr Joe DeLon~ Mayor DeLong told about the serious situation at S. W. 23rd Avenue regard±rig people trying to get out of Gentleman Jim's. He believes there should be lights on the opposi~ side of thelstreet and they should be synchronized. He requested Kohl to call this to the attention of D.0.T. Fm. Kohl replied that he did do this a few months ago and they refused. Mayor DeLong suggested that he try again. ~m. Kohl informed him that it Was their opinion that Gentleman Jim's should pay for it. iMayor DeLong replied that he was not concernedwith who would pay for it, but was concerned about the safety of the people. He suggested the possibility of a compromise. MINUTES - REGUI~LR CITY CO~CIL MEETI~MG BOYNTON BEACH, FLORiDi JULY 20, 1976 BUSINESS .Consider Reques$ of Southern M~. Kohl informed the Council that Southern Bell is consider- ing the construction of an office building, Hypoluxo Road addition, three blecks east of Seacrest which will ultimately produce a maximum of 4,000 gallons per day on a 24 hour basis. They are willing to pay or install an 8" water line from the present City limits all the way up to Seacrest Boulevard and eastward on Hypoluxo Road to their building. Further, they will also install a pump station and a 4" line along the same route as the water line down to the northermost manhole in our system on Seacrest. The water line extension does agree with our rmster plan. This entire project is in our service area. They ha~e requested acceptance of the concept from the City Council, so ~he~ can go to the Public Service CommSssion. Both tbs City ~gineer and Utilities Director are agreeable with this proposed concept. He has the drawings if they care to review them. He added%that this is the first time someor~ has come to them and stated they would pay for everything. Nms. Jackson moved to accept the proposition of Southern Bell and proceed post haste, seconded by Mr. Zack. No discussion. Motion carried 5-0. See Minutes of August 3, 1976, P. 1. ADMINISTRATIVE Consider Acceptance of E.P.A. Grant Offer of $45,000 for 20~ Facilities_Plan Mr. Kohl read the attached letter from ~-M. Canon dated July 15, 1976. 1,~s. Jackson moved to accept the E.P.A. grant offer of $45,000 for the 201 Facilities Plan, seconded by Mr. Harmening. Mayor DeLong also instructed the City Manager to notify the Regional Board. No discussion. Motion carried 5-0. Consider Request of Board of County Commissioners - RE: Speed Limit - Woolbright Road (~. W. ~5th Avenue) ~. Kohl read the attached letter from the Board of County Com~ssioners dated June 22, 1976. He added that the Emgi- neering Department and Police Department have stated it should remain at 35 I~. Zack made a motion to request that the speed limit stay at 35 MPH, seconded by Mrs. Jackson. No discussion Motion carried 5-0. ' JULY 20, 1976 MINUTES - REGULAR CITY COUNCIL I~ETiNG BOYNTON BEACH~ FLORIDA Consider Change Order No. 1 - Jarvis Test Well Program Mm. Kohl read the attached letter dated July 12, 1976, from Russell & Axon. M~yor DeLong emnounced a motion was in order for approval of Change Order No. 1, Jarvis Test Well Program, City of Boynton Beach, Project No. 6858-7GCP~ in the amount of $10,934. Mrs. Jackson moved to grant the change order for the test wells in the amount of $10,934, as recommended by Russell & Axon. Mr. Zack seconded the motion. No discussion. Motion carried 5-0. Consider Request of Robert Tuttle - RE: Use of Trailer for Office Accommodations Mr. Kohl read the attached letter from Mr. Robert Tuttle, Bistrict Manager for Southeast Port-O-Let Company, Inc. Mayor DeLong asked if there had been a time limit with this request and Mr. Kohl replied that this is the only information he received. Mrs. Padgett in£ormed them that ~. Tuttle had requested to speak. ~z~. Robert Tutt!e stated his name and his address as 6284 16th Way, South, West Palm Beach and informed the Council he was the District Manager for Southeast Port-O-Let Company, Inc. He stated that this request was merely a temporary re- quest and suggested that it be permitted for a period of one year. They are negotiating to buy l~ud and when they do, they will build. ~rs. Jackson moved to grant the request from Mr. Tuttle for a temporary trailer at 6t7 IndUstrial Way for oneyyear or less from this date. Mr. Harmening seconded the motion. No dis- cussion. Motion carried 5-0. Consider Refunds on Three ~emetery Lots ~. Kohl advised that these had been approved by the Cemetery Board and everything is in order. Mr. Harmening moved that the request be granted for a refund on three cemetery lots, seconded by Mrs. Jackson. No discus- sion. Motion carried 5-0. Consider Zoning Approval for New Beer & Wine License - Beacon Restaurant M~. Kohl informed the Council that this was a new application for the Beacon Restaurant for beer and wine consumption only on the premises. EverythLug is in order and the location does comply. MINUTES ~ REGUL~M CITY COUNCIL ~ETING BOYNTON BEACH, FT~ORiDA JULY 20, 1976 ~s. Jackson moved to grant this request, seconded by Harmening. No discussion. Motion carried 5-0. ~Approval of Bills Mr. Kohl read the following bills for approval: I. City of Melbourns~ Florida $ 2,500.00 Utility BillinE & Accounting System Pay from 001-890~21 2. Penwalt 1,083~68 Ferric Chloride Anhydrous Crystals Pay from ~udgeted funds 030-822°62 Approved ~y City Manager 3. Pah Beach Junior College 320.00 Cs~reer Development Refresher #8 - 6 officers $120.00 Career Development Supervision #3 - 5 officers $200.00 P~ from Police Education Fund 001-507 Ordinance #74-38, Section 2-10, l(b) 4. Board of County Commissioners 8,825.25 50~ of cost for bikepath Pay from encumbered funds 001-523 Council approved 2/3/7~ 5 ~c~pal Code Corp. 1,231.38 Supplement #27to the Boynton Beach Code of Ordinances Pay from budgeted funds 001-820.17 6. Isiah Andre~s 90.00 Driver for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fund 020-880 Ordinance #73-15, passed 5/15/73 7. Cynthia Lewis 96.00 Server for Senior Citizens Club - 2 weeks Ps~ from Federal Revenue Sharing Fund 020-880 Ordisance #73-15, passed 5/~5/73 8. Russell & Axon 6858-4A-II-CPS Inv. #t3 1,0~6.57 South Central Regional Li£t Stations & Force Mains Pay from Utility General Fund 030-215 Authorization dated 11/2/73 MINUTES - REGUI~_R CITY COUNCIL I~ETING BOYNTON BEACH, FLORIDA JULY 20, 1976 10. 11. Russe~_l & Axon 6858-7-CP En$imeering services for testing and Zocation~f mew water fields Pay from Atlantic National Bank 1975A Bond Issue Authorization dated ~1/71 Gonsman Interiors ~raperies ~for Council Chambers and Gen. Serv. Complex Pay from budgeted funds 001-813.70 00~-850.71 Fire Fighters Equipment Co. Hurst Rescue Tool Pay from budgeted funds 020-827 Bid of 6/29/76 $ 2,887.96 $999.00 $240.00 1,239.00 4,633.00 Freeman, Richardson, Watson, Slade, McCarthy and Kell~ -: ProfeSsional s~fvices in connection with 1975B Water & Sewer Revenue Bonds Pay from Atlantic National Bank 6,091,46 13. !BM Corporation Rental on Computer for 1 Pay from 00~-890.38 Bid accepted 9/30/75 month 2,786°00 ~k~. Kohl noted that the bills described have been approved and verified by the department[~.heads involved; checked and approved for payment by the Finance Director; funds are available in their respective bndgets; and he recommends pay_ ment of these bills. ~'~. Strnad made a motion to approve the bills as submitted, seconded by M~. Zack. No ul~cussmon. Motion carried 5-0. 0T~R Mr. Kohl informed the Council that he was going to remuest bids on two short streets, which he asked permission ~or prmo~ to this meeting, and also the upper level with the bottom tier at the beach certainly could be re-asphalted sand possibly this could be included. F~. Zack moved to authorize the City 14anager to go out for bids for blacktop- ping the lower and upper levels at the beach, seconded by Mm. Strnad. No discussion. Motion carried 5-0. Mr. Morton Levine appeared before the Council and stated his name and his s. ddress as 2515 N. E. 2nd Ct. He referred to a MINUTES - REGULAR CITY COUNCIL MF~TING BOYNTON BEACH, FLORIDA JULY 20, 1976 number of weeks ago when Attorney Reed gave them a classifi- cation of a street and since then, he has been informed that additional information has been forwarded to the City Manager regarding this street. He would like to know whether the classification of N. E. 1st Court has changed? ~ Reed re- plied that he was still looking into the matter. They found a resolution, but it does not appear to postdate the deed on the property. ADJOURNMENT N~. Zack moved to adjourn, seconded by M~s. Jackson. Motion c~rried 5-0 and the meeting was properly adjourned at 9:35 CITY OF BOYNTON BEACH, FLORIDA BY ~or ATTEST: ~or Coup' Member Council Member Clerk Recording Secretary (T~.~o Tapes) RUSSELL 8, AXON Established in 1920 Engineers · Planners · Architects Incorporated June 30, 1976 Mr. Frank Kohl., City Manager City of Boynton Beach P.O. Box 310 Boynton Beach,..Florida 33435 Dear Mr. Kohl: Subject: Water Distribution-Main - SW 23rd Avenue City of Boynton Beach - Project No. 6858-24-CP On June 28, 1976, at 3:00 P.M..bids. were received in the offi.ce of the · Purchasing Agent on subject project. ~here were eleven plan holders, and bids were received from six contractors. Attached is a. summary of the bids and proposed calendar days for complet-ion, as vemi~ied by this office. This was an itemized bid, with no alternates. We hereby reco~end award of the contract to the low biddeK, BariTe Exca- vating & Pipeline Co., 1330-S. Killian D~ive, Lake Park, Florida 33403, whose bid was $26,140.00 and stipula%ed30~.-calendar days fon completion. This firm has successfully completed two projects within ~he past year on which wewere the consulting ~ngineers. All~.work~was successful-,and com- pleted on time; and we have no hesitancy-about r~commending them for this job. Should this recommendation be accepted, we will provide contract documents as usual. Please advise this office of your action Sincerely, RUSSELL & AXON :tan Encs. cc Mr. Perry A. Cessna, Dir. Util. (w/enc.) Barile Excavating & Pipeline Co. MLH - R&A, Daytona Joe C. Swan, P.E. Engineering Manager 167 N. E. 2ND AV/~NUE · POST OFFICE BOX I837 · DF. LPdkY BEACH, I~OPJDA 33444 · 305/278-26'15 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 339 E. ATLANTIC AVENUE -:- BELRAY BEACH. FLORIDA ~33444 BOARD ANTHONY J. CANON, P. E. July 15, 1976 TO: J. Eldon Mariott, City Manager of Delray Beach Frank Kohl, City Manager of Boynton Beack Dear Sir's: Re: "201" Facilities Plan Ci20623010 Attached is a copy of E.P.A. -letter dated Jui~8,1976 indicating a Federal/Grant Offer in the amount of $45~000. for the preparation of a Facilities Plan for the Planning Area designated under Section 201 of P.L~ 92-500. Acceptance must be within three weeks. On July 8,1976 at the SCRWTD Board meeting, the Board accepted thin,rant offer. I believe the two Cities must also accept the grant ~ffer due to the requirements of the Interlocal Agreement and other reasons. To facilitate acceptance requirements, t have prepared the attached letter of acceptance which I think will requirements. Please have your City Council make MOTION as soon as possible. satisfy the the indicated Very truly yours, 'Anthony ~.~Canon -C.E.O. SCRWTDB cc: SCRWTDB Bo~'rd of County Comm~ssmne~s , [ E.W. "Bud" Weaver, Chairman I Lake Lytal, V~ce-'Cha[rman Robert F. Culoepper Robert C. Johnson Bili Medten John C. Sansburv and Public Works H. F_ Kahlert County Eng neer June 22, 1976 Mr. Frank Kohl,City Manager City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33435 SUBJECT: Speed Limit - Woolhright Road (S. W. 15th Avenue) from Congress Avenue to 1-95 Overpass Dear Mr. Kohl: This office recently conducted a speed study on the above referenced road to detemine a safe and reasonable speed limit. The results of our engin- eering speed.study indicate that the safe and reasonable speed limit is 45 MPH, Before the request for adoption and resolution are placed on the agenda of the ~alm Beach County Board of Couqty Commissioners, concurrence is requested from the City of Boynton Beach. We, therefore, respectfully request your Your continued cooperation in these traffic matters is greatly appreciated. Sincerely yours, OFFICE OF THE COUN~fENGINEER Charles R. Walker, Jr., P.E. Acting Director, Traffic Division CRW:LY:SLF:ev Enclosure: Copy of Study did. 5/24/76 BOX 2429 WEST PALM BEACH, FLORIDA 33402 (305) 684-2460 RUSSELL ,& AXON Established in 1920 Engineers · Plarmers · Architects Incorporated July 12, 1976 Mr. Frank Kohl, City Manyger City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33435 Dear Mr. Kohl: Subj-ect: Change Order No. 1 da~vis Test Well Program City of Boynton 3each Project No. 6858-7-CP Enclosed are six copies, of Change-Order No. 1 for subject'tesg_we-ll program, reflecting an increase of $10,934.00~ As-yo~are aware; ~his .program called for two 6"-test wells and four-2"-observation.wells-to be drilled to a depth of 150'; In all'six locations~-:the geological formation was~uch that no suitable strata was encountered in the:¢irs{ 150'. A'narrow band of rock encountered between 60' and 80' depth proved n-ot"to have the capability of supporting the kind Of production wells needed. - ......... We, therefore, deemed'it necessary to driN all wells to the 200~250' depth, where we did ~ncounter a very-good strata which appears capable of supporting six production wells. Thjs will be proveh by pumping tests conflucted'as a part of this contract; at no additional-cost, t~ our Sudgemen~; therefore, ~he additional depth proved very worthwhile and justifies the added cost. There should be no additional increases in this contract. ~unds .are available for this increase, 'since. Bond Issue Series 1975A and 1975B included $13,500 and $35,000, respectiv61y:, for.the tes~'~ells, study, neport and new water management-(FCD):permit application. We recommend 167 N. E. 2ND AVENUE · POST OFFICE BOX 1837 * DELRAY BEACH. FLOP~3A 32444 * 305/278-2615 Mr. Frank Kohl, City Manager Page 2 July 12,-1976 Jarvis Test Well'P~ogram .Change Order No. 1 Project 6858-7-CP approval of this Change .Order No. 1. ~f approved, please retur~ copies to this office, retaining-two copies'~for~yo~r ~iles.. - four executed Sincerely, RUSSELL & AXON Joe C. Swan, P.E. Engineeri~9.. Man. ager JCS:tan Encs. cc Mr. Perry A. Cessna,~Dir. Util.(w/en¢.) MLH - R&A, Daytona " Port-O-Let Co., Inc. Division of Thetford Corporation P. O. Box 5707 Jacksonville, Florida 32207 City Council Members City of Boynton Beach Boynton Beach, Florida 33435 Honorable Council Members: Please accept this letter as a request to move a 10 x 35 office trailer on the property at 617 Industrial Way, Boynton Beach, Florida. The purpose of this trailer is to occupy my secretary, my company records and myself. I will be present at the next City Council meeting to answer any questions that you may have. Thank you for your ki~d consideration. Respectively yours, ~e ,~D~nag er Southeast Port-O-Let Co., Inc.