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Minutes 07-06-76MIh~TES OF REGLrLAR CITY COUNCIL ~ETING OF TNE CITY OF BOYNTON BEACH, FLORIDA, HELD IN CITY HALL, TUESDAY, JULY 6, t976 PRESENT Joe DeLong, ~ayor Frank Kohl, City Manager Joseph F. Hack, Vice ~yor Robert B. Reed, City Attorney Edward F. Harme~ing, Councilman Tereesa Padgett, City Clerk Emily M. Jackson, Councilwoman Norman F. Strnad, Councilman Mayor DeLo~g called the meeting to order at 7:30 P. M. and requested everyone to arise at the sound of the gavel for the invocatlo~ give~ by Mr. Frank Kohl, City ~ager, and to re- main sta~i~ for the Pledge of Allegiance to the Flag led by Councilman Edward F. Harme~-ingo Announcements Mayor DeLeng announced that one of their dist~guised local residents ~ied this morning, former County Commissioner, George Warre~. He requested everyone to bow their heads for a moment of silence. Presentation of Fla~ by City Manaser Frank Kohl Mr. Kohl presented a flag to Mayor DeLong given to the City by ~s. Helen Devine honoring her husband, Robert. Mayor DeLong thanked him and requested that a letter of thanks be sent to Mrs. Devine. Mayor DeLong then requested that anyone in the audience wish- lng to spe~k on any item on the agenda to kindly step fo~ard and give their name to ~¢~s. Padgett and when that item becomes the point of business, Mrs. Padgett will call on them. ~s. Jackson referred to the Status of Law Suits listed on the Agenda under Legal and referred to this being taken care of at the last meeting. Mayor DeLong replied they would take care of this when they get to that order of business. Mayor DeLong announced there would be a meeting of the South Central Regional Wastewater Treatment and Disposal Board on Thursday, July 8th, at 7 P. M. at Delray Beach City Hall. MINUTES Regular City Council Meeting - June 1~, 197_~6 As per usual procedure, ~or DeLong started on his right for comments from the Council members. Mr. Zack and Nm. Harmening passed. M~s. Jackson referred to Page 24, eighth line down, an~ stated the statement under discussion was made by Mayor DeLong and not her regarding letting the buyer beware. ~. Strnad referred to Page 7 and the misspelling of a name which should be: Thomas O'Boyle. MINUTES - REGULAR CITY COTJNCIL MEETING BOTNTON BEACH, FLORIDA JULY 6, 1976 discussion, Mrs. Jackson asked the City Attorney if they could be assured they would not be individmally liable if they pro- ceed with the lime softening and ~r. Reed replied in his opin- ion, they could be sure they are following the directions of the Department of Environmental Regulation. They will be following one of the two accepted processes. Mrs. Jack, on questioned what would be the ~ffect if the court reversed the decision and ruled in favor of Mr. Pratt? She does not feel this letter has clarified what they asked for. It does not state they must use lime softening. Mrs. Padgett then took a roll call vote on the motion as follows: Councilman Harmening - Aye Councilwoman Jackson - No, Councilman Strnad Aye Vice Msjor Zack Aye Mayor DeLong - ~je Motion carried 4-1. because table. she moved to ~treet Improvements - S. E. 3rd Street Between 21st & 2~rd Ave~. Mr. Kohl informed the Counci~ that the bi~s received were too high and he would like to reject all bids. He has other streets, which he would like to cosine and possibly receive a lower bid. M~. Strna~ moved to reject all bids for street improvements on S. E. 3rd Street b~tween 21st and 23rd Avenues upon the recom- mendation of the City Manager. Mrs. Jackson seconded the motion. No discussion. Motion carried 5-0. Two (2) Outdoor Awnings - Senior Citizens Shuffleboard Court~ N~. Kohl informed the Council that the only bid received was from Delray Awning in the amount of $1,676. He recommends awarding the sole hid to Delray ~wning. Installation of these awnings will be accomplishe~ by City crews. He received the affidavit today. M~. Strnad moved to acceot the only bid from Delray Awning for two outdoor awnings ~or the Senior Citizens Shuffleboard Courts in the amount of $1,676. Mr. Zack seconded the motion. No discussion. Motion carried 5-0. ~ne (1) Hurs~ Model 32 Rescue Tool - Fire Department Mr. Kohl referred to the tabulation sheet on file. He advised ~hat all legal requirements have been met. The Tabulation Committee recommends acceptance of the low bid from Firefighters Equipment Company of Jacksonville, Florida, in the amount of $4,633 and he concurs. Funds are budgeted as indicated on the -3- MINUTES - REGULAR CITY COLrNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1976 Mr. Strnad moved to adopt the minutes of the Regular City Council Meeting of June 15, t976, as corrected. ~, Zack seconded the motion. Motion carried 5-0. Special C~t ~ - Y Council Meeting - June 18, 1972 All the members of the City Council passed. ~. Strnad moved to adopt the minutes of the Special City Council Meeting. of June 18, t976, as submitted. _Mrs. Jackson seconded the motion. Motion carried 4-0, with Mr. Zack ab- staining. Special~ity Council Meeting - June 29~ 1976 All the me~bers ~f the City Council passed. ~s. Jackson moved to adopt the minutes of the Special City Council meeting of June 29, 1976, as submitted. ~. Strnad seconded the motion. Motion carried 4-0, with _~. Zack ab- staining. PUBLIC AUDIENCE ~one B iDS Water Treatment Plant Expansion & Water Distribution Building and Warehouse 5~. Kohl read the attached letter dated June 17, 1976, from Russell & Axon. He referred to a memorandum on file from Mr. Perry Cessna dated June 18, 1976, concurring with Russell & ~xon,s recommendation and added that he also concurred. Mayor DeLong then read a letter dated July 2, 1976, from the Department of Environmentsl Regulation. ~s. Jack, on replied that this letter did not say the lime treatment was mandatory or what method should be used or did not direct itself to the possibility of direct filtration being economical if it is ap- proved. She explained how it made her feel skeptical. She referred to their request made at the special meeting 8~nd how she did not feel this~answered it. She stated she would like to move to table this. ~r. Zack referred to the letter men- tioning two ways to do it. Mr. Strnad moved to award the bid to Intercounty Constructlo~ C ~ o~p. for the water treatment plant expansion in the amount of $3,268,O00and the b~d to Gersch & Bramuchi Construction Co. for the~ water distribution building and warehouse in the amount of $298,100. ~. 5ack seconded the motion. Under -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1976 Tabulation Sheet. The affidavit has been mailed, but he has not received it yet. He would appreciate the award being made subject to receipt of the af£idavit. ~. Harmening moved to award the bid for one Hurst Model 32 Rescue Tool to Firefighters Equipment Company in the amoun~ of $4,633. Mr. Strnad seconded the motion. No discussion. Motion carried 5-0. PUBLIC P~ARING None LEGAL Ordinances - 2nd Reading - Public Hearin~ Proposed Ordinance 76-t8 - RE: To Change the Set Back Requirement Applicable to Buildings ~amily Residential D~str~c,t M~nimum Side Yard in R-1AAA' Single Mr. Reed read proposed Ordinance No. 76-t8 on second reading by caption only. Mayor DeLong requested anyone present in favor of this ordi- nance to p~ease step forward aud state their reasons why. A man in the audience asked in what way this was being changed and M~. Reed replied that this was liberalizing the minimum side yard setbac~ in the R-IAAA zone. Mr. Kohl read Section 5A2 to give further clarification. Mayor DeLong then asked if ~nyone was opposed to this ordi- nance and received no response. i~. Zack moved for the adoption of proposed Ordinance No. 76-18, seconded by Mr. Strnad. No discussion. ~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Co~ncilwoma~ Jackson - ~ye Councilma~ Strnad Aye Vice Mayor Zack - Aye N~yor DeLong ~ Aye Motion carried 5-0. Proposed Ordinance 76-19 - RE: To Add a New Section 11.1 Entitled Non-Gonform~n~ Uses & Structures N~. Reed read proposed Ordinance No. 76-19 on second reading by caption only.. -4- MINUTES - REGULAR CITY COUNCIL ~MT!NG BOYNTO~ BEACH, FLORIDA JULY 6, 1976 Mayor DeLong asked if anyone present wished to speak in favor of this ordinance and received no resoonse. He then asked if anyone wished to speak in opposition ~ud the following peared before the Council. M~. Irving Eaplan stated his n'ame and his address as 2840 South County Road, Palm Beach. He stated he would like to know what this new section means and ~. Kohl replied that a copy of thisoordinance was available downstairs and he re- quested the Building Official to give~u~ answer. Mayor DeLong added that they were trying to eliminate applications befsre the Board of Adjustment. Mr. Kaplan stated that he would also like to know what it means to have a second reading and public hearing on an ordinance and Mayor DeLong explained how it meant what they were doing now. Mr. Howell then explained how previously a $50 fee and application to the Board of Adjustment had been requi~ed to put an addition on a non-conforming build- ing. Mayor DeLong added that it was just 1 · berallzation in favor of the property owners. Mr. Reed then exnlained how the adoption of the new zoning codein June, ~975, ~admade many buildings non-~onforming and he gave an example of how this applied to the side setback Being non-cozafor~ng and buildin~ being allowed in the rear. ~. Kaplan informed them that he built a commercial property at ~10 East Ocean Avenue which was completed on May 23, 1975, and his ~ert~figate 9f occupancy No~ 7054 was stamped ware- house. ~ow ne ~s uncer the impress!on with the interpretation of C-2 zoning, that none of these bays can be used for a ware- house any more. ~. Howell replied that if there was a non- conforming use at the time the zoning was passed, it would be grandfathered. However, if the building is vacant for six months, after that it would have to go into a conforming use. Mr. Kaplan stated that this answered his question to a degree, but he did not understand grandfathering. He referred to hav- ing one bay empty over six months and asked if this happened, it could not be a warehouse, but would have to conform to what is now C-2. M~. Howell explained how it applied to the main use of the whole building. Mr. Kapla~ informed th~m that he has one vacant for a few months and had two prospectzve tenants, but the leases were not signed as the businesses were not allowed. Mr. Howell replied that if they were al- lowed under the old zoning, it would have been allowed now. Mayor DeLong suggested that he go back to the Building Depart- ment. M~. Zack moved for the adoption of proposed Ordinance No. 76-~9, seconded by Mr. Strnad. No discussion. Mrs. Padgett took a roll call vote as follows: -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1976 Councilman Harmening - Aye Councilwoman Jackson - Aye Couneilma~ Strnad - Aye Vice Mayor Zack Aye Mayor DeLeng Aye Motion carried 5-0. Proposed Ordinance 76-20 - RE: Amending Sections 6(G)(2~ and 6(D)(2) to Prohibit Sales.~BaZaar - Farmer,s Markets, Flea or Thieves ~rkets~ Swap~ho~an~Tra~ Pos~s Mr. Reed recommended the City Council to ~able this ordinance so the Plamming & Zomi~g Boar~ could consmder it at a public hearing at their next meeting and the City Council could then consider it at their following meeting. Nr. Strnad moved to table proposed Ordinance No. 76-20 upon the recommendation of the City Attorney, seconded hy Mr. Harmening. Notion carried 5-0. Ordinances ~ let Reading N~. Reed asked the City Council if they would like these ordinances read by caption only or in their entirety? ~yor N~Long asked if it was legal to read by caption o~ly and Mr. Reed replied: yes. Mrs. Jackson referred to them not being that long and stated she thought that as many as possible should be read for the public and the members agreed. Proposed Ordin~mce No. 76-24 - RE: To Place Responsibility for Installation of Safety Enclosures Around Swimming Pools Upon Owner of Record ~. Reed read proposed Ordinance No. ~6-24 in its entirety on first reading. ~. Strnad moved for the adoption of Ordinance No. 76-24 on first reading, seconded by M~s. Jackson. Under discmssion, Mm~. Harmening stated that it seemed to him that it places an undue burden on the absentee owner especially the portion which says it must be kept in safe condition. The absentee owner~has no way of being advised under this ordinance if the safety enclosure would become inoperative. He would like to see i~ changed to at least require the tenants or lessee to notify the owner in writing of ~he defective closing mechan- ism amd for the owner to have a certain amount of time to make ~his correction or improvements, before he would be re- s ~ ponsmble. Mayor DeLong e~plained how he thought the land- lord w~uld be aware of something l~e this when he collected the rJnt every month. He suggested leaving it up to the City attorney to judge whether the contents were sufficient enough to do~what it is intended to do. Mr. Reed replied that he -6- MINU~EE - P~GUL~ CITY COUNCIL MEETING JULY 6, 1976 BOYNTON BEACH, FLORIDA thought it was a decision for the Council to make and ex- plained how a requirement of n~tice could be written in. Mayor DeLong asked if they thought it would be appropriate to include it and referred to inspectors finding violations. M~w. ~w~rmening referred to the possibility of the owner not being aware of a defect in the closing mechanism. Mr. Reed explained how they must consider the ma~power in the Building Department and the enforcement of this requirement. The members discussed further whether to include this requirement and the enforcement of same. ~. Kohl then informed them that this requirement was in the code already. Mrs. Padgett then took a vote on the motion as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Aye ~yor DeLong - Aye Motion carried 5-0. Proposed Ordinance No. 76-25 - RE: Approving Plat of Lake Worth Marker Village__ ~. Reed referred to letters forwarded to the City Council members from the City Manager and himself indicating that they feel this ordinance may have to be table~ this evening. Mr. Kohl added that before the second reading, he unders'tands all the requirements will be met and if not, he will recommend that it be tabled then. M~yor DeLong suggested proceeding with the first read~ug contingent upon the amendments being made by the second reading. Mrs. Jackson asked if the changes would be made before the advertising for the public hearing and ~. Kohl replied~ yes. Mr. Reed suggested that the motion be made with the condition that it will not go to advertisin~ until all conditions are met. Mr. Kohl added that he recom- mended tabling this, but the department heads overruled. M~s. Jackson moved to table Ordinance No. 76-25~ seconded by ~o Har~ening. Motion carried 5-0. Proposed Ordinance Noo 76-26 ~: Amending Section 21-25 of the ~ode to Change the Day Upon .~n~ch Annuity Payments Are Made to the First of Month Mr. Reed ~ead proposed Ordinance No. 76-26 in its entirety on first reading. ~r. Harmening moved for the adoption of Ordinance No. 76-26 on first reading, seconded by ¥~. Strnad. Under discussion, -7- ~NUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH , FLORIDA JULY 6, 1976 M~r. Harmen~ug questioned what practical effect this would have on the people that are getting this on the last day of the month and Mayor DeLong informed him that everyone is receiving on the first day, except one individual, and this is putting them on the same basis. Mrs. Padgett then 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. 76-27 - RE: Establishing Uniform _-~r. ocedUre for Application to City for Abandonment of Easements Ms. Reed referred to this ordinance being five p~ges long and asked if the Council members desired to have it read in its entirety? ~!r. Strnad moved to allow the City Attorney to read this ordinance by caption only, seconded by P~. Harmening. Mr. Reed read proposed Ordinance No. 76-27 by caption only on first reading. He then read his attached letter dated June 29, 1976. Mayor DeLong apologized and announced that they must back up. He referred to the motion being made and seconded to permit the City Attorney to read this ordinance by caption only and the Chair neglected to take a vote and he called for it at this time. Motion carried 5-0. Mr. Zack asked if Mr. Reed,s recommendation was to rescind the existing resolution first aud then go ahead with this ordinance and ~. Reed replied that he thought with passing this proposed ordinance, it would amount to the same thing. The proper procedure would be to pass a motion to rescind Resolution 62-U. Ms. Mack moved to rescind Resolution 62-U, seconded by ~s. Jackson. No discussion. F~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman JacY~on _ ~ye Councilman Strnad - Aye Vice M~yor Zack Aye Mayor DeLong - Aye Motion carried 5-0. M~UTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, I976 Mr. Str~ad moved for the adoption of Ordinance No. 76-27 on first reading, seconded by M~s. Jacksomo Under discmssien, ~s. Jackson referred te the $250 and gave the example of the possibility of somebody having a whole block of easements to be abandoned, which has been done, and stated she thought $250 was awfully cheap. ~he asked if they could set the fee according to the number of feet? Mr. Reed informed her that he has attempted to obtain other ordinances from other muni- cipalities a~d has not found a~y ordinances setting a~ appli- cation fee i~ line with feet, width, etc. He is not saying it would be illegal or impossible. He explained further how the Council could exercise their discretion and have a deve- loper purchase property. M~yor DeLong then told about his previous experience with having a public auction if the property did not revert back totthe property owners~ ~. Reed stated he was trying to set up a u~iferm established procedure. He suggested possibly the motion should include some sDeci£ioation of the application fee set forth in Sec- tion~ 4. He left it blank for the Council to determine. ~. Marmening referred totthere being a difference ~etween ~e abandonmentof an easement and s~reet. He explained how a~ easement did not belong to the City and how he thought $250 was a high price. However, with reference to public s~reets or alleyways, he does not thi~k $250 is too high. Mrs. Jackson agreed. ~. Reed again referred toilea~ing it ~lank in Section 4 and suggested before voting o~ the motion that they makea decisiom to provide a certain application Zee for s~reets, alleyways, etc. and a certain amount for easements. Mayor DeLong agreed an a~endment was im order. ~r. Ha~mening state~ it seemed to h~ the form~tof the ordi- nance did not lend ~tself to the two types of fees. He sug- g~sted tabling it and amending it formally. Mayor DeLong ~.~eed~ Mr. Etrnad withdrew his motion and M~s. Jackson W~thdrew her second. Mr. Harmening moved to table Ordinance No. 76~27 for further clarification, seconded by Mr. Strnad. Motion carried 5-0. Mr. Reed then suggested reinstating the effectiveness of ~esolution No~ 62-U, which was rescinded. He added that he would also like some guidance insofar as the application fee keeping in mind this is not a revenue fee. He explained how it would be invalid to be a revenue fee. Mayor DeLong re- ferred to amounts being mentioned and Mr. Reed referred to M~. Harmening suggesting different amounts regarding ease- ments and streets. M~. Harmening replied that he was think- ing of $50 for an easement~and $250 for the other. Mayor DeLong announced the Chair woul8 accept a motion to rescind their previous action in rescinding Resolution No. 62-U. Mrs. Jackson so moved, seconded by ~. Harmening. Mrs. Padgett took a roll call vote as follows: -9- MINUTES - REGULAR CITY COUNCIL ~TING BOYNTON BEACH, FLORIDA JULY 6, 1976 Councilman Harmeuing - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. N~yor DeLong announced a motion was in order for the adoption of Resolution 62-U and Mrs. Jackson replied that with rescind- ing their previous action~ it is intact and Mm. Reed agreed. ~. Zack suggested that while the attorney is preparing this ordinance, he thinks an application should also be prepared and Nm. Reed replied that he would attach it to the ordinance the next time. Resolutions Proposed Resolution No. 76-KK - RE: Establishing Depository and Procedure for Receipt & Disbursements of Funds In Con- nectio~wlth South Central Regional Wastewater Treatment Disposal Board Reed read proposed Resolution No. 76-KK. Mrs. Jackson moved for the adoption of Resolution No. 76-P_K, seconded by Pr. Zack. 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 Resolution No. 76-LL - RE: Authorizing Execution of Agr~ment with Palm Beach County Pertaining to Removal of Burial Sites Located in County Right of Way Adjacent .~.o Woolbri~ht Road (~5th Avenue) Mr. Reed read proposed Resolution No. 76-LL. Mr. Harmening moved for the adoption of Resolution No. 76-LL, seconded by Mm. Zack. No discussion. Mrs. Padgett took a roll call vote as follows: MINUTES - REGUL~ CITY COUNCIL MEETl~G JULY 6, 1976 BOYNTON BEACH, FLORIDA Councilman Harmening - Aye Councilwoman Jackson - k¥e Councilman Strnad - Aye Vice Mayor Zack Aye ~yor DeLong Aye Motion carried 5-0. Tm. Harmening questioned whether they should also authorize the proper parties to sign the agreement with Palm Beach County an~ ~. Reed informed him that this was stated in Section 2. Proposed Resolution No. 76-MM - RE: Designating Authorizing Individuals to Preparer Sign and Oountersign Checks Mr. Reed read proposed Resolution No. 76-MM. ~ms. Jackson moved for the adoption of Resolution No. 76-~,~, seconded by Mr. Harmening. No discussion. ~s. Padgett took a roll call vote as follows: Councilman Harmeniug - Aye Councilwoman Jackson - Aye Councilman Strnad Aye Vice Mayor Zack - Aye Mayor DeLong Aye Motion carried 5-0. Proposed Resolution No. 76-~ - RE: Directing City Engineer to Obtain Plans, Specifications and Cost Estimates for Paving of S. E. 8th Avenue Mr. Reed read proposed Resolution No. 76-E~. Mr. Zack moved for the adoption of Resolution ~o. 76-NN, seconded by Mr. Harmening. No discussion. ~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman'Jackson _ Aye Councilman Strnad Aye Vice Mayor Zack - Aye M~yor DeLeng Aye Motion carried 5-0. Other Consider Letter of Agreement Between the City & Palm Beach County Title II of CETA MINUTES - REGULAR CITY COUNCIL MEETING JULY 6, 1976 BOYNTON BEACH, FLORIDA Mr. Kohl advised that a copy of the Letter of Agreement was forwarded to the City Attorne~y and he advised he found every- thing to be in order. As the Council is aware, they approved this Agreement last year; however, a few sections have been changed, but these in no way affect the City. He respectfully requests Council,s approval of this Agreement. They have had no difficulties with this arrangement and do not anticipate any with the new agreement. Mr. Hmrme~ing moved to accept the Agreement between the City and Palm Beach County Title II of OETAand to authorize the proper officials to sigm the Agreement. ~s. Jackson seconded the motion. Under discussion, ~. Eack asked if they had hired any of these people and Mr. Kohl replied that they had and had found some pretty good ones. Motion carried 5-0. Consider Mutual Aid Agreement Between Varieus Mumicipalities, et al~ Establishin$ Position of Fire Service Coordinator Mr. Reed asked if it was the pleasure of the CoUncil for him to read the agreement and M~s. Jackson replied that she be- lieved it was too long and suggested that he give a summary. ~. Reed then read the caption of this Mutual Aid Agreement: "A mutual aid agreement between various municipalities, poli- tical subdivisions, corporations, and the other several fire- fighting org~nizations of Palm Beach County; providing for the suppressing of fires and/or other emerEency conditions and situations; providir~g for minimum requirements for parties to the agreement; estab&ishing the position of fire service coor- dinator; providing a procedure for requesting assistance; prohibiting penalities for failing to assist; providing a saving clause for liability; providing an effective date; Specifying the number of parties which may become signators to this agreement.~ Mr. Reed referred to having already adopted a_ud entered in~o an agreement with the City of Delray Beach whereby if there are any fires one city cannot handle, they can prevail upon theoother to assist. Now, the various municipalities through- out the County would like to ban~ together. He has talked to Chief Wright and they both are basically in accord with this. I~yor DeLong announced a motion was in order to accept this Mutual Aid Agreement between the various municipalities, political subdivisions, corporations, and the other several firefighting organizations of Palm Beach County. M~. Harmening so moved, seconded by ~so Jackson. Under discussion, Mr. Zack asked if they would need any special equipment and Mm. Eoh2 replied: no. ~. Zack referred to a radio receiver and N~. Kohl informed him that they do have one. Motion carried 5-0. -12- MIhrOTES - REGULAR CITY COD-~CIL MEETING JULY 6, 1976 BOYNTON BEACH, FLORIDA Status of L%w. Suits - Councilwom~ Jackson (Tabled) Mrs. Jack, on referred to this being taken care of at the last meeting and moved to scratch this from the agenda. Mayor DeLong anno~unced in view of this information, he suggested drawing a line through No. 3. Coasider Joint Project.Agreement Between City and Palm Beach Count~ Board of Count~ Commissioners Mr. Kohl informed the Council that ~. Pete Kelly called him ~ud a~visedthat the County would approve this today. He then referred to the agreement on file for the utility instal- latiom in con~nnction with the widening of Woolbright Road from 1-95 to ~. S. #1, with the necessary cost estimates. He would very much appreciate approval of this agreement se they may proceed with this project. %~e agree~ent was forwarded to the C~ty Attorney, who found the same to be in order. ~yor DeLong asked if it was all in order and Mr. Reed re- plied: yes. ~. Zack moved to accept the recommendation of the City Mana- ger and City Attorney, seconded by Mr. Strnad. Mr. Kohl added that it was also in accordance with the Utility Direc- tor and Engineer. ~yor DeLong clarified that it had been moved and seconded to accept the recommendation from the City Manager to sign the agreement between the City and Palm Beach County Board of County Commissioners and to authorize the proper officials to sign the agreement. No discussion. Motion carried 5-0. OLD BUS Ih~SS Discuss Repeal of Section 23A-6 - RE: Sewer Deposits - Councilwoman Emil~ M. Jackson ~%vor DeLong stated that he believed the CityManager has a ~ecommendation and F~s. Jackson replied that she asked to have this put on the agenda and did talk to M~. Kohl about this. Mayor DeLong referred to the special meeting when Kohl was instructed to study this and make a recommendation. ~m. Kohl informed the Counciltthat he has been meeting with the Finance Director and City Attorney on the sewer deoosits. It could well be two weeks to a month before their study is completed and he is able to submit an intelligent and know- ledgeable recommendation to the City Council. He asks at this time that this item be deleted from the agenda until he is ready with this report. Mrs. Jackson stated she had prepared a report and would like to read it. Nm%yor DeLong suggested that they allow ~. Kohl to make a further study and present his recommendations. She -13- MINUTES - PJ~GULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, ~976 would be given an opportunity to be heard at the appropriate time and Mrs. Jackson replied that if he wanted the people to be ripped off, it was okay. Mayor DeLong replied there was no such thing as a .~-off and if the people are en- titled to get ~heir deposits back, they will get them back. The City Manager must go over this with the City Attorney. ~ayor DeLong announced a motion was in order to accept the recommendation of the City N~ager. ~. Zack moved to scratch this from the agenda until the City Manager is pre- pared after consulting with the City Attorney. Mro Strnad seconded the motion. Under discussi~n~ M~o Harmening re- ferred to waiting for the City Manager and Finance Direetor and questioned what the Finance Office p~ued to do in re- ference to the oollection ~f these and Mayor DeLong replied that everything will be statum quo. Mn~s. Jackson questioned how much longer it was going to be and referred to ~he City Manager and City Attormey being quite bus~. This is some- thing she has spent a lot of time on. She has dele s~me re- search an~ she thimk~, i~ womld be a courtesy to her as a member of this Coumcil to Be a~le to bring it to their atten- tion. Mayor DeLong replied that it has been brought to the attention of every Cotm¢ilmmember and they are trying te han- dle it in the proper p.e~spective. He believes it is being handled in ~he proper manner and fashion. He then called for a vote on the motion ~md the motion carried 4-1 with N~s. Jackson voting again$~t. NEW BUSINESS None ADMIN ISTRAT/VE Gonsider Agreement Between the City and Palm Beach County Library System . Mm. Kohl requested approval of this new agreement. Mr. Zack moved to approve the new agreement between Palm Beach County Library System and the City of Boynton Beach, seconded by Mr. Harmening. Under discussion, P~s. Jackson pointed out that it would have been easier to have the old and new copies together. Mr. Kohl apologized and informed her that he just received this information today and they must have the information there by July ~5. Mr. Reed added that the fault was his and he would provide copies of the prior agreement. Mrs. Jackson questioned the possibility of the agreement being rejected and Mayor DeLong replied that he didn,t believe there would be rejection with the amount of municipalities involved. He believes the request of the municipalities will be respected. Motion carried 5-0. -14- MINUTES - REGUI~ CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1976 Consider Amendment to Ordinance 71-38 and Ordinance 65-6 Changing Certain Non-Classified Positien~ to Classified Pos~tion~ Mr. Kohl informed the Gouncil that authorization is respect- fully reqnested to amend the above Ordinances placing the City Engineer, Mr. Thomas A. Clark, and the City Planner, Mr. Carmen Annunziato, under the Classified services of the City of Boynto~ Beach. ~e is s~re they are aware that at the present time these two positions are non~elassified. He feels very strongly that they should do everything possible to retain their good employees. These two employees are not receiving, and in his opinion, are entitled to all fringe benefits. He would like very much to amend the above ordi- nances so they may receive sick leave, vacation time, a~d be included in the employees pension fund. M~. Zack moved to accept the recommendation of the City Manager in regards to Ordinance 71-38 and Ordinance 65-6. He explained how this would keep them without discrimina- tion. Mr. Strnad seconded the motion. Under discussion, ~yor ~eLong referred to the discussion when they en~a~ed the services of the City Planner. He then told abou~ ~ead- ing where Delr~v Beach had received gr~a~.ts and stated he felt the job position under the classified service should include the duties of taking care of all available grants. Mr. Kohl informed him that he did take this into considera- tion because it was discussed previously and the Council did approve. It will be in the job description. Motion car- ried 5-0. C~nsider Appointment of Public Defender M~. Kohl read the attached letter dated June 24, 1976 from Reynolds and Marchbanks. Mayor DeLong announced a motion was in order to accept this recommendation and appoint Maxine V. E. Reynolds as the Pub- lic Defender. Mr. Strnad replied that he felt they should engage Maxine Reynolds inasmuch as they have been having a hard time finding a Public Defender. Mr. Strnad moved to take the recommendation of ~. Oxner and engage Maxine V. E. Reynolds as the Public Defen~,r. ~. Zack seconded the motion. No discussion. Motion carried 5-0. Request~Authorization for Re-a~location of FunS~ Mr. Kohl stated that in accordance wi'th Ordinance No. 76-12, authorization is hereby requested to re-allocate for specific projects in the ~976-77 budget -- $58,968 -- which is the un- spent amount for Social Services. -15- MINUTES - REGULAR CiTY C0~CIL BOYNTON BEACH, FLORa_DA MEETING JULY 6, 1976 Mayor DeLong announced a motion was in order to grant author- ization for re-allocation of funds in accordance with Ordi- nance No. 76-12. Mr. Zack so moved, seconded by Nms. Jackson. No discussion. Motion carried 5-0. Consider Recommendation of Community Relations Board to Reolace a Member f~ or Lack of Attendance - M~. Kohl referred to the minutes of June 9 of the Community Relations Board recommending that Mr. Edward Fish be replaced for lack of attendance. Mayor DeLong announced a motion was in order to accept the recommendation of the Community Relations Board to replace Mm. Edward Fish for lack of attendance. ~. Strnad so moved, seconded by Mr. Zack. No discussion. Motion carried 5-0. Extension of Mary Schorr- Councilwoman Emily' M. Jackso~ ~s. Jackson referredte department heads recommending certain employees to be retained after reaching 65 years of age and these requests have never b~en turned down. Mary Schorr has been here 18 years and she thinks if they turned her down, they wbuld be losing a dedicated employee. She thin_ks it would be showing a double standard if they don't grant an extension. She thinks ~ry Schorr should be kept on as she has been a very valuable asset to the City. ~rs. Jackson moved to retain Mary Schorr for an additional year, seconded by Mr. Harmehing, Mayor DeLong ruled the motion out of order as meddling with administration and not inaccordance ~th' the ora~nance.~' He then read Segtion 5.3 of Ordinance No. 68-]0. He oointed out that the C~ty Manager had not recommended this extension. In all cases, there has been a recommendation from the City Manager to extend each and every request. This is a violation of the ordinance without a recommendation from the City Memager. ~s. Jac~on replied that she asked the City Manager and he said the City Council could override this. Mayor DeLong referred to their original meeting when M~s. Jackson stressed they should no~ interfere with the City Manager,s duties. He reeuested that they abide by the City Manager/City Council form-of govern- ment. Mrs. eackson informed him that she asked the City Manager about Mary Schorr and Mr. Kohl told her she was wel- come to put this on the agenda. She added that the taxpayers didn,t feel three members of the ~Council should be put out to pasture. Mayor DeLong clarified that the Chair ruled this motion out of order because it is in direct conflict with Ordinance No. 68-10. Mrs. Jackson stated that Mr. Kohl gave her the wrong informa- tion. ~. Kohl stated that the City Council could overrule the City ~nager at any time. A Council member may put any- thing on the agenda. Mrs. Jackson replied that this is not MINUTES - REGUL~ CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JULY 6, 1976 what she asked him. Mayor DeLong added that on three separate occasions requests for extensions were denied. Mr. Kohl con- tinued that Mrs. Padgett had been in his office and he told her the reasons he could not recommend this extensien. Mary Schorr is not involved in this. He explained how he had to find five positions for girls being replaced a~d he certainly is not against age. Mr. Harmening asked how many people were hired in the last three months and Mr. Kohl replied that he could not say off- ~a~. M~, Harmening asked for au a~proximate amount and ~. man± replied that there were vacancies which had to be filled~ and he explained. Mayor DeLong stated he did not believe this would accomplish a~ything. Mr. Harmening moved to amend Ordinance No, 68-10 and to direct the City Attorney to delete Section 5.3 regarding approval by the City Manager. Mrs. Jackson seconded the motion. No dis- cussion, Mrs. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - No Vice M~vor Zaek - No ~Layor DeLong - No Motion defeated 3-2. Applications for Permit to Solicit: 1. Muscular Dystrophy of America 2. Junior Women's Club of Lant~n~ Mr. Kohl informed the Council that both applicatio~were in order and are for good causes and he would like to have them approved. M~s. Jack~on remarked that she had noticed many applications coming from out of town and i'~. Kohl informed her they were working in conjunction with local organizations. Mrs. Jack. on moved to grant the applications for permits to solicit to Muscular Dystrophy of America and J~mior Women's Club of Lantana. M~. Harmening seconded the motion. No discussion, Motion carrie~ 5-0. ~pproval of Bills Mr. Kohl read the following bills for approval: Longview Lime Lime for Sewage Plant Pay from budgeted funds 030-822.62 Approved by City Manager $ 1,728.OO -17- MI~-GTES - REG~ CITY CO~CiL MEETING BOt~NTON BEACH, FLORIDA JULY 6, 1976 Mark 10 Medical, Inc. ~- P~dt Kit Pay from budgeted funds 020-812 Approved by City Manager 4, 1 98.71 ~oynton Beach Child Care Center After care program- July thru Sept. Pay from budgeted funds 020-880 Ordinance #73-15 passed 5/15/73 1,893.25 Penwalt Corp. ~'erric Chloride a~bydrous crystals Pay from bUdgeted funds 030-822.62 Approved by City Manager 1,o83.68 5. Griffin Pollution ~ontrol Corp. '~nstallation of two O~i~ite units Pay from budgeted funds 030-921.55 6. ~ynthia Lewis Server for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing 020-880 Ordin~ce #73-15 passed 5/15/73 7. Isi~ Andrews Drive~f~Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fund 020-880 Ordinance #73-t5 passed 5/15/73 8~ Allen Insurance Agency . ~r Ehield Umbrella Liability Pay as follows: 001-885.31 - $6~194 030-830~3~ $4,000 9. Gonsman ~nteriors Draperies for Council Chambers ~LUd General Services Bldg. Pay from budgeted funds 001-813.70 - $999.00 001-850.71 - ~240~00 10. AECOA 6858-7-CP Est. #1 J--~s P~operty Test Well Program Pay from ~tl~tic National Bank 1975B Bond ~ssue Contract dated 5/12/76 11,400.00 96. O0 90. O0 10,194.00 (subject to transfer) 1,239.00 16,245.24 M~. Kohl noted that the bills described have been approved and verified by the department heads involve~; checked and approved for payment by the Finance Director; funds are available in their respective budgets. He stated he would like to hold No. 9 for Gonsman Interiors, as M~. Gonsman is supposed to be here this week. In regards to No. 8, M~s. -18- MINUTES - REGUL_~ CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1976 Jackson did tell him there was something in regards to self insurance discussed at the Palm Beach Count~ M~icipal League meeting, but he has not received the minutes yet. He re- ceived a call from the Allen insurance Agency ~nd they must have this money or the insurance will be c~ncelled. They c~ then look into this self-insurance. M~yor DeLong replied that the County Municipal League is looking for supoort and he believes they should keep their own Business confined to themselves. Mr. Kohl requested that payment be approved for all except Gonsman Inter~ors. M~. Harmening moved to p~y the bills as submitted except Gonsman Interiors. Mrs. Jackson seconded the motion. No discussion. Motion carried 5-0. OTHER Letter from Wm. R. Hough & Co. Regarding Proposal to Purchase ~on~s ~. Reed asked if the members of the Co~ucil had received this letter and Mr. Kohl informed him that he did not give it out as it was received so late smd he only talked to ~. Shop,rd at 7:15 P. M. Mr. Reed referred to this letter being a proposal to purchase bonds and being given to the City on the basis of a 24-48 hour acceptance. Mayor DeLong ~dvised him that he would call a special meeting. App?intment to ~ommunity Relations Bo~r8 Mayor DeLong declared the nominations open and ~. Strnad nominated Mr. Joseph Cinaglia, 16 Colonial Club Drive. ~s. Jackson moved that the nominations be closed, seconded by .Mr. Zack. Motion carried 5-0. Mayor DeLong announced a motion was in order to appoint Mr. Joseph Cinaglia to replace Mr. Edward Fish as a member of the Community Relations Boar~. ~ir. Zack so moved, seconded by Mr. Strnad. Motion carried 5-0. ADJOURNMENT Mrs. Jackson moved to adjourn, seconded by Mr. Harmening. Motion carried 5-0 and the meeting was properly adjourned at 9:35 P. M. -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACE, FLORIDA JULY 6, 1976 ATTEST: CITY OF BOYNTON BEACH, FLORIDA ~'~ C~~o ~ Me tuber /~ cit~ Clerk Recording Secretary (Two Tapes) -20- RUSSELL & AXON Established in 1920 Engineers · Planners · Architects Incorporated June 17, 1976 ': Ihe Honorable Mayor and City Council 'P.O. Box 310 ~ Boynton Beach, Florida 33435 Attention: Mr. Frank Kohl, City Manager G~nttemen: .~Subject: Bid Received for Water. Treatment Plant Expansion and Water Distribution Buildin§ and Warehouse City of Boynton Beach Project No. 6858-15 June I0, 1976, ~6t 2:00 P.M., the City of Boynton Beach received bids on proposed subject']n the City Hall Council Chambers ~oom. There were 14 an holders~ and bids were received from seven contractor~' on the water t plant expansion_and s~× contractors on the'water distribution ng and warehouse. Attached is a summary of the bids]received from all All bids have been checked and verified by Russelq-& Axon. hereby recommend award of the construction contract (subject, to approval the City Attorney) to the Iow base bidder, Inte~county Construction Corp., N..Dix~e Highway, Ft. Lauderdale, Florida 33382, for the water treatment expansion and to th6 low base bidder, Gersch & Bramuchi Construction Co., 1340 Kenwood Road, We~tPalm Beach, Florida 33401;' fsf the water dis- building and warehouse. ~ercounty Censtruction~Corp.-submitted a low base bid of $3,268,008 for and an alternate bid of $3,220,000, with a completio~'~ime of 500 lendar days. It is our opinion and recommendation that the_City-accept the base bid; the equipment that' was specified and bid on for the base bid will suit the needs of the City of Boynton Beach. 167 N. E. ZND AVENUE ,, POST OFFICE BOX 1837 m DEL17~Y BEACH, FLORIDA 33444 · 3051278-2615 ~on. Mayor & City Council age 2 June 17, 1976 Project No. 6858-15 WTP Expansion Intercounty Construction Corp. has successfully completed many similar pro- jects designed and in~pected'~by Russell & Axon, and has~the..capabili~ies to successfully construct and compl.ete the water treatment plant expansion. They have the faeilities, experience, knowled§e and financial backing to successfully complete the project. We have discussed the project With their officers and discussed rheim bid with them; they have assured us that they are satisfied with both.and feel confident they can successfully complete the project te the satisfactien o~ the-en§imeers and the City. Gersch & Bramuchi Construction Co., Inc., submitted a lew base bi~_~f ~i$298,100 for '~tem 8, wi~h a~ completion time of 280 calendar days.-' ~e were ~.~ot familiar with this firm, so we r~quest~d that they submit deta~}led, corp-' · 6rate infermati~n ~or study and~considerat~on. 'On June 16 we~'held a personal ~nte~view with Messrs. Albert Gersch and James~Bramuchi i~ our efface and ewewed, the~r extens~e,'completedpro2ect-~is~, statement--of financial ~ondi~tion and ~etter of ~eference .fr~m the~-r Dondin§ company. ~fter the %~terview-an~ regiewef this com~any-'s experience and fi~a~ia~ capabilities, ~e are of the~-op~ni-on that they cansucces~fu~ty complete their portion of ~be cont~act~ We are attachin§-copi,es-o~.information submitted byGersch & Bramuchi Cons~r~ctio~ Co.,'Inc., for~ur ~nformation. We .will provide the necessary contract documents when this ~ecommendation is ~cted upon by the City Council. If we-can be of further assistance in'eval- Uation of-the bids, please advise. Sincerely, RUSSELL & AXON Hallman, Jr. .Vi ce President ~LH:tan lCS. Mr. Perry A. Cessna, Dir. Util. (w/bid tab) Mr. Bill Sullivan, Purchasing Dept. (w/bid tab) Mr~ Robert-Reed, CityAttorney ', Mr. Joe C. Swan,-R&A, Delray R&A, Daytona ,, Mr, ~Frank Kohl, City Manager RE: ' Pyoposed- Oydihh:uJee here%o please fred ~he above-referenced proposed ordinance prescribiug a procedure for. vacation and abandonment applications filed with the City upon the uest, While the Councit may have wished that developers who ask the City streets, etc. pay for them, I have researched this questions and have found has no legal power to sell or barter the streets and alleys which it holds in the benefit of the public. By the same token, the' City cannot vacate a street purpose of a purely private interesT. AccorH~ngly, the attached ordinance was for the purpose of establishing a uniform method of abandoning publicly dedicated with the thought thai the application fees to be set 'forth in Section 4 would be thereby adequately compensating the City for any privately requested abandon- might add that the effect of the adoption of the proposed ordinance would be to existing Resolution 82-U which established a skeletal procedure for vacation of dedicated areas upon filing of an application fee of $50.00, a portion of which be returned to the applicant if the costs incurred did not equal that sum. Fur~he=, ordinance conforms with Similar provisions of ordinances previously enacted llston and for Palm Beach County. should the Council act favorably in passing the attached ordinance, the should be instructed to prepare an application form meeting the' require- in Section 3 df the ordinance. IX. C. Reynolds and Marchbar~ks 301 West Camino Gardens BouleVard Boca Raton, Florida 33432 368-0800 To: Mr. Frank Kohl, City Manager 3~dministrative Offices 1Z0 N. E. Znd Avenue Boynton Beach, Florida 33435 Date: June 24, 1976 Reference: Public Defender Per your request herewith is a written statement that although our firm cannot continue as l~ublic Defender for the reasons set forth succinctly in Mr. Oxner's letter to the City Council, I would like to suggest the name of Maxine V. E. Reynolds as our surrogate. Maxine is well quali- fied inasmuch as she worked for the Public Defender Office as well as the State's Ailorney's Office in Palm Beach County. She has agreed to assume the duties of the Public Defender in Boynton and would carry ghat project through to January, 1977, at which tir~e the court system will change to the county courts. In passing it should be noted that ~vfaxine %vas raised and schooled in Boynton and lived there until she attended college. Yours very truly, Jay J. Reynolds NINUTES OF SPECIAL CITY COUNCIL MEETING OF THE CITY OF BOYNT~N BEACH, FLORIDA, HELD IN CITY HALL, TUESDAY, JUNE 29, 1976 PNESENT Joe DeLo~g, ~ayor Edward F. Harmening, Councilman Emily M. Jackson, Cotmcilwoman Norman F. Strnad, Councilman Frank Kohl, City Ms~ger Robert B. Reed, City Attorney Tersesa Padgett, City Clerk M~yor DeLong called the meeting to order at 4:30 P. M. and announced it was a called special meeting of the City Coun- cil by the Mayor in accordance with Section 56 of the Uity Charter. He then read the following items listed on the Agenda: To adopt a formal resolution acceoting the 3.9 million bond purchase proposal of Wm. R. Hough & Co. 2. To adopt a resolution authorizing the City's applica~tion fc~ M.B.I.A. ins~_rance on the City,s 3.9 million water and sewer bonds. 3. To a~thorize the printing of the M.B.I.A. ins~ance policy on the bonds. 4. Any other business that rightfully comes before the Council. Resolution No. 76-1! Mr. Reed read proposed Resolution No. 76-II. ~. Harmening moved the adoption of Resolution No. 76-11, seconded by Mrs. Jackson. Under discussion, Mr. Reed sug- gested that if the Council acted favorably on this resolu- tion and the subsequent resolution, certified copies shoul~ be provided to the Atlantic National Bank tomorrow morning. Mayor DeLong noted that the bond sale for New Smyrna Beach, the going rate of interest was 6.75. Mrs. Padgett then took a roll call vote as follows: Councilman Harn~ning m Aye Councilwoman Jackson - Aye Councilman Strnad Aye Mayor DeLong - Aye Motion carried 4-0. Resolution~o. 76-JJ ~. Reed read proposed Resolution No. 76-JJ. ~. Strnad moved for the adoption of Resolution No. 76-JJ, seconded by Mr. Harmening. No discussion. ~s. Padgett took a roll call vote as follows: MINUTES - SPECIAL CITY COUNCIL ~KETING BOYNTON BEAC.~., FLORIDA JUNE 29, t976 Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Mayor DeLeng - Aye Motion carried 4-~. ~scussion of Lime Softening Proces~ ~byor DeLong stated at the present time, he would like to apprise the Council of what has taken place in the last sev- eral days relative to the lime softening in this treatment plant. He has complained to the consulting engineers along the lines they are doing absolutely ~hat they recommended living within the requirements of what has been prescribed by the Department of Environmental Regulation. It appears the City Council is subject to barbs from all sides, but no- body ha~ the courage to put these recommendations in writing. There is going to be a me~ting tomorrow afternoon in Talla- hassee b~tween the consulting engineers ~ud members of the ~jern an~ aQamam~ in their ~al~ngsbeeause u~!ess they get ~e 'support that is due, they Smll not follow this c6u~se any longer. He believes they Should receive this support or go along without the lime. }~s. Jackson agreed and stated she would Like to have this in writing. Mr. Reed r ~ ~ efer~ to having received several lett*rs. ~ms. Jackson replied that they did not state to go with lime softening. ~ Kohl clarified that they stated chemical additive. !~Iayor DeLong requested a motion to the extent that they sup- port their consulting engineers to lay it on the line and hackthem~ up in writing or they will go along without lime. ,=. gtrnad so moved. Mrs. Jackson seconded and added the request for them to take the letters received and have D.E.R. m~ke a statement one way or the other. Under discussion, Mayor DeLong agree~ this was the way it was going to be. ~. Reed stated he was confused with.the motion to back them up in Writing and Mayor DeLong clarified that the consulting engineers were going to go in there tomorrow afternoon and demand D.E.R. to give exactly what they expect from them in ~r!!i~! The~ have said it over the phone, but he wants it · ~wr~=~lng. ~m. Reed replied that he thought they had a l~tier re~arding the two processes. Fmyor DeLong continued that :he ~so asked them to state in the letter unless they ~ : P 'Imi% ~o upgrade the Dl.amt. The consulting engineers feel they should tell them o~right that their support must be f0rth~oming or they will go a~ead without lime ~oftening. -2- ~-NUTES - SPECIAL CITY COU~CIL MEETING BOYICTON BEACH, FLORIDA J~E 29, 1976 Mr, Reed referred to the specifications and Mayor DeLong replied that they were not tied to them as the lime was a separate proposition. ~. Swan disagreed and informed him that they were all incorporated. Mayor DeLong stated they could delete that and not award the bid. ~. Reed suggested that they consider whether to reject the bids a second time. Mayor DeLong continued with explaining his personal feelings about the way they were being treated. He clarified that they are going to go one way or the ether, either lime or alum coagulation and if not either, they won't issue a per- mit. They have to prove tb~s is the law. He doesn't expect to hold still for this treatment. ~. Strnad then referred ko the letter received from Dr. R~br~::, and explained hew he was ~ot an expert in this field. Mayor DeLe~g stated that this was not part' ef the motion, But as far as the co~sulting e~ineers are concerned, they must have evidence and alt thelletters submitted so far will be in their hands for the meeting tomorrow. Mrs. Jackson added that none of them were do;ctors or teckaicians and they must take someone,s word. She agreed that i~, Strnad was right about some of the water Softening processes. Mr. Reed referred to net see[~z~g the letters from the doctors and cautioned the Couucil with regards to the pending law suit. Mrs. Jackson informed him that she thought this was a case of citizens of the City writing in objection, who s~e doc- tots. if doctors feeZ this way, D.E.Ro knows they must have t~eir word one way or the other. Mayor DeLong added that this would be up to D.E.R. to take into consideration. Mr. Straad asked if %hess letters were submitted if there was a possibility of jeopardizing their case and suggested that M~. Reed read them. ~M. Reed agreed and Mrs. Jackson gave him the letters to read. ~he added that she thinks some people have been misled s~Ch as thinking they are going to add something to the water. She thinks the doctors are only talking about lime softening. Mayor DeLong stated that the decision was left withD.E.R.= and he thin_ks they should know about the letters they have received. Mr. Harmening agreed with ICr, Reed in that they have received official letters from D.E.R. stating they had to introduce an additional barrier and only two methods areaacceptahle. The whole thing has gotten crowded over bythe direct filtration method. He wonders how exolicit the D.E.R. is going to be. Mayor DeLong told about hi~ telephone conversations and how nothing had been specific. Mr. Reed referred to a special meeting when ~. Dykes was present and stated that D.E.R. only recognize~ two processes for the treatment of municipal water. Re explained how the -3- MINUTES - SPECIAL CiTY COUNCIL ~ETING BOYNTON BEACH, FLORIDA J~NE 29, 1976 direct filtration process was not presently acceotable. They were advised that Boynton Beach was proceeding i~ good faith in accordance with D.E.R. with the correct treatment of their water, which was lime softening. Mayor DeLeng stated the con- fusio~ has been caused by all the letters and phone calls re- ceived. He wants to k~ow what direction they are going and they tell yo~ things over the phone, but willnnot put it in writing. ~m. Reed informed the Council that he didn't think a~ything Beneficial would serve to forward these letters from the doc- tots. They have a law suit pendim~ and he thinks ~.E.R. is fully aware of any argume~ts, against lime softening. He 4ecs not think these two letters add anything to the ong~oing arguments about lime softening water. There are two presently acceptable methods of treating water. He thimks a direct the necessity of t~e letters. Mayor DeLong replzed without ~uestion could be oosed by the consulting engine?rs that this ms wh~t they were going to ask for and did not fee! these ~et~ers would do any harm i~presenting the request. Mr. ee~ referredaagain to the law suit pending ~4 stated he did not see azcy need, to present the letters to D.E.R. He thinks the question oan be asked without the letters and obtain the required answer. Mrs, Jackson stated they wanted the people in D.E.R, to know the pressure they are under here. She believes they should kne~ this and go on recor~ one way or the other. ~yor DeLong then referred to the advertisements in the paper and ~. Reed reolied that he thought a newsoaoer article written by an o~jective reporter reporting {h~ news of this ~rea was different than the City sending letters from local citizens. Mayor DeLong clarified that he was talking about the ads put in the pmper by Pratt containing coupons to voice objections. He e~plained how he had handled these by sending a letter and requesting them to forward them to }~. Dykes. Mr. Reed replied that he thinks D.E.R. is well aware of the pressure this City is under. If they j~st send copies of the newspaper reports, there is no question the City Coun- cil is faced with whether to use this system. ~yor DeLong explained how they did not even know what was going on and how he thought they shonld support Boynton Beach. ~/zr. Strnad referred tohhaving a very competent attorney and suggested going along with his recommendation not to send these letters. F~. Harmening agreed. ~s. Jackson disagreed in that she does not think D.E.R. knows what is going on here. Mayor DeLong stated he believed the consulting engineers would take these letters to support them. MI~JTES - SPECIAL CITY COUNCIL M~ETING BOYNTON BEACH, FLORIDA JU~TE 29, 1 976 Mr. Joe Swan, representing Russell & Axon, appeared before the Council. He informed them that until last Monday morn- ing, the D.E.R. was not aware of the pressure here. He clarified that }~r. Dykes could not get a writte~ statement by this meeting this afternoon, but they feel they will get some results at the meeting tomorrow. Mayor DeLong asked if he felt the City should ts/~_e a firm stand and Mr. Swan renlied: absolutely. Mm. Strnad referred to them being aware of t~e pressure now and also the City Attorney's recommendation not to send the letters. They discussed further whether tb sub- mit the letters or no~. ~m. Reed then referred to the City passing a resolution in January, 1975~ authorizing the bond issue. The plant was to be expanded on the basis of certain plans and specifications on file early in 1975, Those plans and specification~ were part of the official court record. ~hose plans andspecifica- tions include lime softening to treat the water. He explained how he thought it was unnecessary now for the City to get clarification from D.E.R. as to what method to use t.o treat water. M~yor DeLong replied that insof~m as the specifications, this was all reviewed in talks with the consulting engineers. They see no problem to dro~ the lime softening process if they are not going to get backing from D.E.R. Mr. Reed cautioned the City Council in rejecting all the bids that have been re- ceived on the speeifieations including lime softening which Cannot be t~eated independently. These bids must be awarded on that bas~s or all bids ~ust be'rejected. Mayor BeLong re- plied that this did not womry him. The fact remains that they are going~to be supported by D.E.R. or they will go a differ- eh% route. Mr. Reed agreed that D.E.R. should be clear and support them. Mayor DeLong agreed this was all they were asking for. Nms. JacWson clarified they were presenting the letters Just to show the pressure they were under. Mr. Harmening stated that perhaps these letters will find their way to Tallahassee, but he would prefer they did not forward these as an afficiat actio~ of the City. Mayor DeLeng remarke~ that ~e ~elieve~ the consulting engineers were entitled to copies of all com- munications relative to the lime softening process. Mr. Kohl agreed. Mr. S~rnad suggested following the City Attor- ney,s recommendation and~Mr. Harmening agreed they should not be transmitted as an official action of this Bo~y, I~ayor DeLong clarified the motion would be to support the City,s consulting engineers, position by going tomorrow to the meeting with D.E.R. to statetthe position of the City will be unless they get a firm commitment in writing, they will go it without the lime softening process. They must have a firm commitment in writing as far as the requirements of the City and also that direct filtration is not accepted. -5- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JUNE 29, 1976 Mr. Strnad so moved, seconded by ~. Harmening. Mrs. Padgett took a roll call vote as follows: Councilma~ Harmening - Aye Councilwoman JacP~on - Aye Councilma~ Strnad - Aye Mayor DeLong -Aye Motion carried 4-0. Other Business Mr. Strnad told about receiving calls regarding the sewer de~rtment charge. He explained how he was concerned about this andwhether it was beneficial to the taxpayers. He requested that the City Manager make a study and present a recommendation. M~s. Jackson referred to this being discussed at the last meeting and the City M~nager being requested to research it. She added that she had requested that it be put on the agenda for the next meeting. ~&~yor DeLong told about discussing this with Mr. Kohl also. He believes they should wait to hesr his recommendation. Adjournment Mr. Strnad moved to adjourn, seconded by Mrs. Jackson. Motion carried 4-0 and the meeting was properly adjourned at 5:15 P. M. CITY OF BOYNTON BEACH, FLORIDA ~/ ~L~y or ATTF. S T: ~ity Clerk Vice ¥~yor ~ Member ' g t8~y ( One Tape ) -6-