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Minutes 02-03-76MINUTES OF RmGLV_$_~ CITY COUNCiL }~ETzEG OF T_~ZE CITer OF BOYNTON BEACH, FLORIDA, .%~LD IN CITY H~_L7 L, TUESDAY, FEBRUARY 3, 1976 PRESENT Joe DeLong, Mayor Joseoh F. Zack, Vice Mayor Edward F. Harmening, Councilman Emily M, Jackson, Councilwoman Norman F. Strnad, Councilman Frank Kohl, City Manager Robert B, Reed, Jr.,City Atty. Tereesa Padgett, City Clerk Mayor DeLong called the meeting to order at 7:30 P. M. He asked all to rise for the invocation given by Reverend Louis Shields, Pastor of St. John's Methodist Church, followed by the Pledge of Allegiance to the Flag led by Councilman Edwe~d F. Harmening. Announcements Mayor DeLong announced that City Hall would be closed on Monday, Februe~y 16, 1976, in observance of Washington's birthday. ~yor DeLong then read a proclamation proclaiming March 6 thru March 13, 1976, as M~ss Boynton Beach Week. Mayor DeLong requested that Item C under Bids be stricken from the Agenda, as all bids were rejected at the Special City Council Meeting on Friday, January 30, 1976. He also requested that under Legal that a Resolution be added per- taining to the courts. M~yor DeLong referred to reading about requests for money from Boca Raton and Delray Beach and he con~acted the County Chairman of the County Commission regarding the five year plan for Seacrest Boulevard. He was assured this project will be carried through until completion. There will not be any transfer of funds from this project. Mayor DeLong announced that he had submitted the name of Vice Mayor Joseph Zack, for service on the County Solid %,¥aste ~utnormty. Mayor DeLong advised that he received a message to call the Chairm~n of the County Commission and when he did, he was informed that the program the Government set up for match- ing funds has now been implemented to an extent that another agency has been established ~uder the scope of the County Commission. He explained that previously these projects were set up without matching funds, but now the cities, municipalities, towns, etc. are going to enjoy 10~ parti- cipation. He was asked tousubmit a name and submit~ed the City 5~nager, M~. Frank Kohl. He added that these particular grants should come under administration. MI~.FJTES REGULAR CITY CO~NCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1976 Mayor DeLong then requested anyone in the audience desiring to speak about items on the Agenda to step forward and give their names to the City Clerk, so they could be called at the appropriate time. Mrs, Jackson referred to Item A under Old Business and re- quested that her name be listed here also es she gave this to the City M~nager and she would like to speak about the Bicentennial Committee. Mayor DeLong explained that he had talked to the City Manager first about this ead Mrs. Jackson suggested that they both report on it. MINUITES Regular City council Meetin~ - January 20, 1976 Mayor DeLong requested each Council member to note their cor- rections. Vice Mayor Sack stated that he had no corrections. }~. Harme~ing passed. }~s. Jackson referred to Page 13, third paragraph, eighth line, and Mayor DeLong's reference to having sas through this case also. She believes he must have said "~estified'~, as she was the only one who sat through this case. Mrs. Jackson then referred to the last page where ~r. Harmening moved to adjourn. She questioned if this should be recessed. The Council discussed how it was correct to se%~ either and decided to leave it as stated, l~r. Strnad stated he had two corrections in spelling to make. He referred to Page 17 and the spelling should be Mr. Gold and on Page 22, the spelling should be M~. Hallman. P~. Zack moved to accept the Minutes of January ~0 as corrected, seconded by M~. Strnad. Motion carried 5-0. Reconvened Meeting of January. {%..1976 Held .on January 22, 1976 Mayor DeLong requested each Council me~oer to note their cor- rections. Mr. Zack stated that he had nothing, but he wanted to be sure he was correct that with being appointed to the hoc Committee, he h~s the privilege to appoint another member. Me~yor DeLong replied that this was correct and had been in- corporated in the motion, N~. Harmening passed. }~s. Jackson referred to Page 14, second line, which was referri~ to the budget sessions and she believes it should be ~'recommendatio~', since it was a workshop meeting and they had no eote. This was discussed ~ud ~-~S. Jackson requested that it be noted as recommendation. ~. Strnad stated that he had nothing. Mayor De~ong referred to Page 12, first paragraph, last line, and requested that ~do this" be stricken and after not state: "~o-mingle public funds,,. He then referred to Page 13, second paragraph from bottom, and requested ~hat ~t oe ~nsertec after "Board~he~!~,i~a~!ils~im~ti~n: '~as a newly elected City Co~'U~il ~e~er in C0~i~C~Witn the bylaws of the South, ern Regional ~astewater Treatment Board." -2- MI~3TES - P~GULAR CITY COUNC~ MEETING B0~TON BEACH, FLORIDA FEBRUARY 3, 1976 M~s. Jackson moved to adopt the Minutes of the Reconvened Meeting of January 20 as corrected seconded by M~. Zack. Motion carried 5-0. ' .Agenda~Additions (Continued) Mayor DeLong announced that M~. Kohl had requested to make additions to the agenda. M~. Kohl requested that under Legal, No. 3 be added for a Resolution for the continued existence of municipal courts. He requested that under Administrative, under C, a No. 2 be added for Gentleman Jim's at 2402 South Federal Highway. He requested that under Other be added No. t - Bike Paths and No. 2 - Lake Front P~operty and Second Story Police Complex. M~. Harmening stated that i~seemed to him if they were going to add an item such as the second story on the po~_ce complex, it was in poor taste. The public should be able to see this on the agenda, so they will have ample notice. Msyor DeLong replied that he believed they will have ample notice, as he believes the City Manager has plans to read into the record two proposals. M~, Kohli added that he did not receive one letter until 4:30 this afternoon and also in reference to the bike paths, he did not have this information until this after- noon. ~yor DeLong added that there would not be any official action until due notice was given. PUBLIC AUDIENCE M~. R. B. Vastine stated his name and his address as ~32 Leisureville Boulevard. He stated he wished to exoress the thanks of the residents and people who use Leisure~ille Blvd. for the very fast work the City Manager, through the M~yor and Vice ~yor, was able to accomplish in getting 7th Ave. re-surfaced ~md the stoo signs changed. Hs explained the condition and how the p$ople appreciated what had been done. M~. Vastine continued that the following may seem extraneous to City business, but is import~z~t as far as Boynton Beach is concerned. He is glad the City Council sent a resolution to the County School Board requesting consideration of chang- ing of the boundary lines, so-the young people in Chapel Hill and Golfview H~bour could go to Boynton Beach M~ddle School. He knows what the problems are after having been in the caoo~ business for 37 years. He attended a meeting last night and would like to read into the record what was pre- sented at that meeting after he learned what happened in regards to the City of Boynton Beach. Mayor DeLong stated that before he began reading, he would like to thank him for the bouquet of flowers they received for 7th Avenue. He continued that as far-as the resolution was concerned, Mr. Caldwell made the presentation to the City Council e~d it was upon his request that they passed the re- solution. M~JTES - REGUL~ CITY COUNCIL ~-~TING BOYh~ON BEACH, FLORIDA FEBRUarY 3, 1 976 ~. Vastine continued with reaa~no the fo!lowing~letter dated February 2, 197~, to the Palm Beach County Board of ~ducat~on ' ~ ~ ~ mn ~ef~en~e to the Boynton Beach b~ddle School: ~May I k~nd!y identify myself. I am Richard B. Vastine of t32 Leisureville Blvd., Boynton Beach and a resident of Palm Beach County for ti years. I am also Senior Past Presi- dent of the Leisureville Community Association ~hd have been president of the United Boynton Civic League for five years. It is my privilege to represent an overwhelming major- ity of retired citizens and taxpayers of Boynton Beach. 1. We well-understand the system of public education in Palm Beach County. 2. We well-understand the problems with which a County Board of Education must cope. We support public education with a firm realization that we do not encumoer the school system with any children. We are firm in our philosophy that public education is for all the children of all the people regardless of race, creed or color. Moreover, we are seriously concerned with the suggested plans~for districting Boynton Beach applicable middle school children so that a portion of them will be sent~to Carver ~ddle School. Our concern is for the general good and welfare of the children and ~nemr parents. A~ tnemr moors~e~ ms a new school. At their dooIs~ep _~s the potent~_al ldentlfmca~mon ~ltn a school that may baa'~uified Boynton Beach School. Furthermore, children in the Go!fv~ew Harbour E~tates, Chapel Hill section, and others of similar eastward locale have been continuously shunted and bused year in and year out from school to school. Now, it seems only fair that at this time they have the opportunity of a one school togetherness smd identification at the new middle school. Since th~ reported capacity of the new Boynton Beach M~ddle School is set at ~450 pupils with a projected enroll- ment of 92% of ca,city, it follows that there seems to be no logical reason in terms of numbers why those in Boynton Beach now districted for Carver could not be scheduled for Boynton Beach Middle School. -4- MINUTES - REGULAR CI_~ COUNCIL ~ETING BOYNTON BEACH, FLORIDA FEBRU_~¥ 3 , 1976 It is our emphatic representation that every effort should be made to unify as many Boynton Beach M~ddle School children at Boynton Beach as Can possibly be accomplished; and, add others from other diStriSted areas until the full capacity of the school is reached. Boynton Beach is the third largest community in Palm Beach County and the Boa_md of Education should recognize the basic physical, emotional and neighborhood needs of the children of Boynton Beach and retain them in a cohesive home- school environment that is essential to their well- being. Those whom I represent, and they are thousands, sin- cerely trust that you will consider all the matters presented to you here this evening and arrive at a solution that is considerate and fair to those of us in Boynton Beach." Mayor DeLong took this opportunity on behalf of the members o£ the City Council and residents of the City to thank ~. Vastine for defending the City. ~. Vastine informed him that the north end of the County was represented by their officials at this meeting, who made the presentation. He hopes the superintendents recognize this problem. He felt it was important to be on record. M~yor DeLong informed. him that the School Board tried to reach him today, hut he w~ out of his office. Mr. Vastine then distributed copies of this letter to members of the City Council. BIDS Site Improvements - General Services Facility M~. Kohl informed the Council that bids on the above were opened on January 27, ~976 at 3:00 P. M. in the office of the Purchasing Agent, M~. William H. Sullivan. The Tabula- tion Committee recommends acceptance of the low bid from Hardrives, Inc. of Delray Beach in,the amount of $32,~93.90. Copies are on file of the Tabulation Sheet and Affidavit signed by ~. John W. Nutbrown, Vice President of Hardrives of Delray, Inc. He has checked all other requirements and everything is in order. Funds are available in Federal Revenue Sharing Funds Account No. 20-830. He concurs with the recommendations of the Tabulation Committee. ~. Harmening moved to accept the City Manager and Tabula- tion Co~ttee recom~mendations to award the bid to Hardrives, Inc. in the amount of $32,193.90 for site improvements at the General Services Facility. M~s. Jack, on seconded the· motion. No discussion. Motion carried 5-0. -5- ~NUTES - R'EGULAR CITY COUNCIL BO~NTOI~ BEACH, FLORIDA MEETING FEBRUARY 3 , 1976 Interior & Exterior Painting of Water Tower - S. E, 15th Ave. M~. Kohl informed the Councit~that bids on the above were opened on January 27, t976 at 3:00 P. M. in the office of the ~rchasing Agent, M~. William H. Sullivam. The Tabula- tion Committee recommend acceotance of the bid from Hercules Tank & iron Works of Butler, ~labama, in the amount of $6,000.00 for the airless spray application (exterior) and $5,700.00 for the airless spray application o~ the interior. Copies are on file of the Tabulation Sheet and Affidavit signed by Mr. Curtis Lolley of Hercules Tank & Iron Works. He did not receive the 5% ~id bond; however, M~. Lolley was contacted by phone ~ud assured that the 100~ performance bond would be here ~efo~e Friday, January 30, 1976. Every- thing else is in order. Funds are available as budgeted, mn Account No. 030-830-55. He concurs with the recommendations of the Tabulation Committee. He still has not received the 5% bid bond. ~yor DeLong requested that the mover of the motion include the wording that the bid be contingent] upon receipt of this bond. Mrs. Jackson moved to accept the recommendation of the Tabulation Committee and City Manager and award the bid to Hercules Tank & iron Works of Butler, Alabama, in the amount of $6,000.00 for the airless spray application (exterior); and $5,700.00 for the airless spray application on the inter- ior, contlng~nt~ on receiving the bond. Mr. Harmening seconded the motion. Under discussion, Mrs. Jackson asked if insurance was covered for the people doing this work ~ud M~. Kohl replied that it we~ strictly up to the company to have their own insur- ance. They must c~ry insurance on their own employees. ~L~yor DeLong asked if he had inquired about t~is and M~. Kohl replied: no, but the City is covered with liability. M~. Zack referred ~o this bid coming from Alabama and there being quite a difference in price between this bid and the second bidder. He asked if this ha~ been checked out? He also asked if the airless spray application was much better than a roller application? M~. Strnad replied that he inves- tigated this tod~v. He believes the reasons this company can do the job at this price is besause they are doing a job in Delray Beach now e~d the weather where they are from is not too good. He also checked on the airless spray application and was assured by ~. Cessna that he had checked with other mu-uicipalities and this is the adapted method they have been using. M~. Eohl adde~ that it was true this compaz4v was finishing a job in Delray Beach and he also read a list of other jobs they had done in Florida. Mayor DeLong agreed that as soon as a bid did come in low, there was an immedi- ate study made and he referred to their previous experience. M~. Harmening referred to the airless spray application on the exterior and the possibility of the paint blowing quite -6- MINUTES - REGULatoR CITer COL~NCIL MEETING BOYNTON BEACH, FLORIDA FEBRU~q¥ 3, 1976 a distance in wind. ~. Strnad replied that he had asked the same question and there is very little spray dust~with airless spry. Motion carried 5-0. PUBLIC A~ARING NOblE LEGAL Ordin~uces.- 2nd Reading UBLIC HEARING Proposed Ordinance No. 76-1 RE: Rezoning Lots 18, 19, 20 & 21, Block 7~ Lake Addition - Applicant: W. H.. DaCams~a Mm. Reed read proposed Ordinance No. 76-1 on second reading by caption only. Mayor DeLong asked if anyone wished to speak in favor of this ordinance and received no response. He then asked if anyone wished to speak in opposition ~ad received no response. M~. Zack moved for the ~dop~mon of Ordinance No. 76-1 on second and final reading, seconded by ~. Harmening. No discussion. Mms. Padgett took a roll call vote as follows: Vice Mayor Zack - Aye Councilman Harmening .&ye Councilwoman Jackson - No Councilman Strnad - Mayor DeLong ~Aye Motion carried 4-1. Proposed Ordinance No. 76-2 _~AE: Rezoning Lots 32, 33 & Portion of Lot 34~ Central Park - Applicant: Nolan E. Williem~ M3r. Reed read orooosed Oro~_nance No. 76-2 on second readio~ by caption only. Mayor DeLong asked if anyone wished to speak in favor of this ordinance and received no response. He then asked if anyone wished to speak in opposition and received no response. M~. Harmening moved for the adoption of Ordinance No. 76-2 on second and final reading, seconded by M~. Zack. No dis- cussion. ~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - ~ve Counci!~an Strnad - Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried = MLNUTES - REGUL~ CITY COUNCIL ~EETING B~fNTON BEACH, ~LORID~. FEBRU~Rt' 3, 1976 Ordinances - 1st Readin~ Proposed Ordinance No. 76-8 Re: Amending Sections 30B-32 (H) (5) & 30B-3 ~32 (I) (1) (b) 2c of Chapter 30B of the Codified Ordinances by Requiring Approval of City Council of Considera- tion tO Grantors of Easements ~. Reed read proposed Ordinance No. 76-8 on first reading in its entirety. N~. Zack moved for the adoption of Ordinance No. 76-8 on first readir~, seconded by M~. Strnad. Under discussion, Mrs. Jackson stated that she believed that this is slowing things down. She thinks this is one thing they should ~eave tcttheir Engi- neer,s and City Manager's discretion. She thinks the City ~nager is keeping his fingers on things and knows what has been going on. She does not believe this is necessary. Mayor DeLong added that this City Council is charEed with the expenditure of City funds. This authority canaot be delegated to anyone else. He referred to their previons experience with Zill's Nursery. Mrs. Padgett then took a roll call vote as follows: Councilman Harme~ing No Councilwoman Jackson No Councilman Strnad Aye Vice Mayor Zack Aye M~yor DeLong ~e Motion carried 3-2. Resolutions Proposed Resolution No. 76- TABLED RE: Little League Association ~. Kohl requested that this be deleted, inasmuch as he has an agreement to present later. M~. Harmening moved to delete the Little League Association Resolution, seconded by Mrs. Jackson. No discussion. Motion carried 5-0. Proposed Resolution No. 76-E ~RE: Retention of Municipal Courts Mr. Reed read proposed Resolution No. 76-E in its entirety. Mr. Strnad moved for the adoption of Resolution No. 76-E, seconded by ~. Harmening. No discussion. M~s. Padgett took a roll call vote as follows: -8- Mi~JTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA FEBRU~¢RY 3 , 1976 Councilman Harmening - Aye Co-~ucilwoman Jackson - Aye Councilman Strnad Aye Vice Mmyor Zack Aye Mayor DeLong Aye Motion carried 5-0. Proposed Resolution No. 76-F RE: Designating the Regional Board as the ~'Lead Agency' for~201 Facilities Planning~, for the Palm Beach County'Sout~ Central Region~ Area Mr. Reed read proposed Resolution No. 76-F in its entirety. M~s. Jack~on moved for the adoption of Resolution No. 76-F, seconded by Mr. Harmen~ng. No discussion. M~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson Aye Councilma~ Strnad - Aye Vice Mayor Zack Aye M~6~or DeLong B~e Motion carried 5-0. Other Receipt of Correspondence from Florida Power & Light - RE: Renewal of Florida Power & Light Franchise Mayor DeLong requested that ~. Kohl read the communication from Florida Power & Light Co. ~. Kohl read Jr., Mar~ge_, 1 976: the following letter from M~. J. C. Collier, of Florida Power & Light Co. dated January 23, "As a final consideration prior to proceedi~ with the renewal of our electric franchise, I would like to make you aware of one proposed change which has been requested by other municipalities and is available to the City of Boynton Beach if the council so desires. Our current and proposed agreements call for our company to pay the city 6% based on residential and commercial reve- nues. Some cities have requested that industrial revenues be included as well wn_ch~ would have the effect of ~ncreasing' the revenue to the city based on the amount of industrial customers within the city. tn the case of Boynton Beach, it would increase revenue to the city by aporoximately $11,600 annually. ~ -9- MINUTES - REGUL~M CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA FEBRU~_~¥ 3, 1976 I will be happy to meet with the council informally if you feel f~mther discussion is necessary. If not, we would appreciate an indication from the co~mcii as to your desires sothat we may revise the franchise document and procsed with the renewal. Tha~ you again for the splendid cooperation. We look forward to hearing from you." Mayor DeLong then requested that Mr. Reed give his opinion. ~. Reed informed them in April, 1947, the City Council passed Ordinance No. ~99 granting Florida Power & Light Co. a non- exciiisive franchise. That franchise was a 30 year proposi- tion whereby the City received 6% of the revenues Florida POwer & Light received from residential and commercial cus- tomers. The City wa~ paid these revenues on an annual basis. April, 197~, will be the end of the 30 years. Florida Power & Light has indicated the City renew the franchise for sm addi- tional 30 years on the same basis with the City receiving the differencq between the ta~es imposed on Florida Power & Light and the 6% received from residential and commercial customers of Florida Power & Light. in addition to residential commercial, they are willing now to also throw in revenues from industrial customers and have indicated it would be approximately $11,600. He has talked to ~. Collier about ~he agreement and was informed that Florida Power & Light nave approximately ~65 municipalities under a si~l~ agree- ment. All 165~ cities are on a 6% basis. Not all of the cities are also receiving revenues from the industrial cus- tomers. This has been done only recently. He did ask ~. Collier why the City was no~ receiving revenues from indus- trial customers previously, as he believes they would be in with commercial customsrs. ~ir. ColLier informed him that Florida Power & Light b~eaks down different groups of cus- tomers according to a g~vernment index Dmblished by the executive office of the President. This index does differ- entiate between commercial and industrial customers. That is why they have not been recei~ing revenues from industrial customers in the past. Based on his review, he would like to reco~end renewing this agreement. Mayor DeLong suggested that possibly instead men~s, monthly payments could be made so the the interest. of yearly pay- ~mty will get b~. Strnad moved to instruct the City ~.nager and City Attor- ney to execute this fremchise agreement with Florida Power & Light Co. ~m. Harmening seconded the motion. Under discus- sion~ Mx. Zack referred to the memo from ~. ~iribs a~d asked why they couldn,t go for t5 or 20 years? M~yor DeLong replied that appe~ently there are ~65 municipalities in the State going under the same franchise and he doesn't believe an ex- ception would be made. ~m. Reed added tha~ once they have -10- MIh~TES - REGUL~R CITY COUNCIL _~EETING BO~NTOE BEAUH, FLORIDA FEBRU~Y 3, t 976 arrived at an agreement to go ~aead with this franchise, he is sure Florida Power & Light would want them to go by ordi- nance. Mayor DeLong requested that he execute it in whatever m~uner is necessary. P~s. 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. OLD BUSINESS Bicentennial Committee - M~¥or Joe DeLong Mmyor DeLong explained that this referred to the amounts of money due for the film which was taken. He referred to M~s. Jackson requesting to speak on this ~d would give her the opportunity to talk. He noted that the Chairman and other members of this Co~ittee were present in the audience and asked if they desired to speak. }~. O'Meara appeared before the Council and stated he would like to clear up a little message that happened pertaining to the notification of the letter from ~. Allan C. Clark, which was sent to all mayors ~ud municipalities prior to the meeting last Monday night. He did attend the meeting of the Bicen- tennial Coramission and went with the hope there would be enough money to finance this film for them. They were informed by the budget director that there would be no more money coming from the County. They were also informed there would be no money before July~l. Their $6,000 recuest was still in the original file, but had not been acted-on. Everything con- sidered right now to complete the film, the balance is $3,000~ plus $1,200 due to the film company, or a total of $4,200. Their bank balance is $198.35. Ma~or DeLong replied that it would be a poor city which would not back up the Bicentennial Committee particularly in this day and age when patriotism should be shown. This Committee has done an outstanding job. The Bicentennial Committee is the City's business. ~. O'Meara thanked him and added that they have been excellent all the way through. M~s. ~ackson added that at th%s mce~i~,_ Shere were peoole from ~ll over the County. Th~n~m~ was the most-out- standing of any committee of all. By the time the grants are processed, the year will be over. They then discussed ~e exact balance due and the fmlms which had been made. See 2/17/7~ Minutes MINUTF~ - REGULAR CITY COLE~Ci~ ~ETING BOY~ON BEACH, FLORIDA FEBRU~Y 3, 1976 ~s. Jackson moved to allot the Bicentennial Committee of Boynton Beach the amount of $4,276.25, subject to the Bicen- tennial CoMmittee,s approval of the film. Mr Harmening s~conmed the motion. Under discussion, ~yor DeLong added that this should come from a certain fund and Mr. Kohl re- plied that he would like to pay the money, but must know from what fund. Mayor DeLong requested that somebody amend the motion to direct the City Manager to pay this sum. M~. Harmening amended the previous motion to inform and authorize the City Manager to m~e the necessary expendi- ture and allow the City Ma~uager to select the appropriate fund this will be taken from~ contin~e~t~ upon approval by the Bicentennial Committee. ,Mrs. Jackson seconded the amend- meEt. MaY~ DeLong called for a vote on the amendment and the amendment carr_ed 5-0. Mayor DeLong then called for a vote on the motion a~ud the motion ce~ried 5-0. M~s. Jackson added that she knows the Bicentennial Committee has more projects and will be needing more money. She would like it understood that any donations made to the Committee are tax free. She hopes vhe people will start donating to this. ~@. Strnad questioned in what way these were tax free and M~s. Jackson informed him that it was educational and historical. M~. Strnad pointed out that she meant tax deduc- tible and Mrs. Jackson agreed. Receipt of Correspondence from Russell & ~xon - RE: EPA ~rant Offer C-120406010 Regional Wastewater Treatment Mr. Kohl read the following letter dated J~_uue~y 27, 1976, from Milton L. Hallman, Jr., Vice President, of Russell & Axon: "Subject: Boynton Beach/Delray Beach Regional Wastewater Treatment Plant EPA Project No. C-120406010 Russell & Axon Project No. 7460-1 Re: EPA Grant Offer C-120406010 Dated Dece~er 31, 1975; R&A Letter to EPA Dated January 7, 1976; Meeting Between R&A and EPA in Atlanta January 14, 1976; R&A Letter to EPA Dated January 19, 1976. After our letters and meetings as referenced above, it is imperative that we proceed to meet the timetable outlined in the letter to EPA dated Janus~y 19, t976. In this letter, -12- ~3TES REGULAR CiTY COUNCIL ~ETING BOYNTON BEACH, FLORIDA FEBRUARY 3 , 1976 we addressed all of the points~ that were discussed in our meet~ug with EPA in Atlanta on January 14~ 1976. We are at- taching copies of the letters to EPA dated January 7, and January 19, 1976. You will note that the timetable for com- pletion of required work tasks was shortened considerably at the insistence of EPA. It is now imperative that we pro- ceed with the work tasks to complete the items on schedule as listed on Page 3 of our letter dated January 19, 1976. To complete the work tasks as outlined, it is neces- sary for the C~ty of Boynton Beach and the City of Delray Beach to authorize Russell & A~on to perform the engineering services as listed below: 1. Revise the plans and specifications e~d prepare an alternate bid for a solids recovery system as outlined in Russell & ~3~on,s letter to EPA ~ated January 19,1976, at a total lump sum fee of $20,000. This will be $10,000 for each of the two City's, ~d this will be EPA fundable under PL 92-500, or 75 percent reimbursable. 2. Perform an offshore survey as~described in our letter to EPA dated January 19, 1976. We propose to use Suboceanic Consultants, Inc., to donduct this survey. This survey is to determine the exact location of the dischs~ge end of the ocean outfall in relations to the third coral reef. We propose to use Suboceanic Consultants, Inc., to perform the survey at a cost of $2,800, and we wilI~prepare the report, submit the findings, and coordinate alt conferences 8md dis- cussions on this survey with EPA for a lump sum fee of $500. Our total lump sum fee including Suboceanic Consultants, Inc., as a subcontractor to us, for this phase of the survey will be $3,300. This will be $1,650 for each of the two Cities, and this will be EPA fundable under ~ 92-500, or 75 percent reimb'ursable. 3. Resume the preparation of the user charge ~ud in- dustrial cost recovery system for the City of Boynton Beach. This study was originally authorized April 9, 1974, and re- vised July 16, 1974. We propose to complete the user charge and industrial cost recovery system ~t a total lump sum fee of ~18,500. This is EPA fundable under PL 92-500, or 75 percent reimbursable. 4. Prepare a user charge and industrial cost recovery system for the Boynton Beach/Delray Beach wastewater treat- ment pls~utfor the South Central Regional Wastewater Treatment Disposal Board as required by EPA as a condition of the EPA Grant Offer C-120406010. This item is outlined in our letter to EPA dated January 19, 1976, on Page 4. Our total lump sum fee to prepare the user charge and industrial cost re- covery system for the South Central Regional wastewater -13- MINUTES - REGULAR CiTY BOYNTON BEACH, FLORIDA COUNC IL i~ETING FEBRUARY 3, 1976 treatment and disposal facility or the joint Boynton Beach/ Delray Beach wastewaver treatment plant will be $10,O00. This will be $5,000 for each of the two Cities, and is EPA ~undable under PL 9 -pO0, or 75 percent reimbursable. 2 ' We _p ' ~ an recla~e yo~ attention to these matters, and we request that these authorizations ~ud actions be placed on the February 3, 1976, regular Boynton Beach City Council agenda for passage. We will be in attendance at this meet- ing to assist you and the City Council in answering alay questions If we nan be of assistance in discussing tn_s au~horlzatlon wlth you or your staff prior to the Council meeting, we will make ourselves available at your conven- isnce.~ Mr. Harmening moved to accept the recommendations of the Consulting Engineers, Russell & Axon, and authorize them to proceed with the work outlined in this letter to complete the Boynton Beach portion of the systems required for the EPA Grant. M~. Zack seconded the motion. Under discussion, Mayor DeLong clarified that they were going to accent the recommendations in total as per the communications ~nd in- struct the City Mmnager to proceed. This motion will in- struct the City Manager in conjunction with Russell & Axon to accept the proposals outlined in the letter of J ~ , anu~ry 27 1976, relative to the EPA Grant. ~. Harmening agreed. Motion carried 5-0. Gonsider Appointment of Assistant City Prosecutor - TABI~ED Mayor DeLong asked if any decision had been reached and re- ceived no response. M~. Strnad state~ that if nobody had a nomination, he suggests leaving this on the table. ~ ~ri~ B~S I~i~SS Consider Agreement Between the City of Boynton Beach and Boynton Beach Little League, Inc. Mr. Kohl read the following letter dated January 27, t976, from Attorney David D. Centola regarding the Boynton Beach Little League: "The Boynton Beach Little League wishes to take this opportunity to once again express their gratitude to the City of Boynton Beach for erecting the ball fields on Southwest 15th Avenue ~ad for the added improvements recently voted by the City Council. As you are aware, the City of Boynton Beach has been given the honor of being host for the Eastern Division play- off - Which consists of teams from Miami to Jacksonville, -14- MINUTES - REGD~AR CITY COb~CIL MEETING BOYNTON BEn'CH, FLORIDA ~BRUAR¥ 3, 1 976 and the State Championship - which is between the Eastern and Western Division. This honor could only have resulted because of the cooperation which presently exists between the City and Little League, As you are also aware, there now exists on S. W, 15th Avenue property a CBS building which was erected solely by Little Leagues without any expenditure of the CityWs money. This building serves as a concession stand and announcers booth for all e~ents. It is through the operation of this concession stand that the Little League obtains its income to furnish the Little League program and hopefully will ob- tarn the necessary contribution to the City to provide a tackle football program for the City of Eoynton Beach. In order to properly define each ps~t~'s rights, etc., it was decided by the City and Little League that an agree- ment should be presented to the City Council for their con- sideration. ! have therefore prepared and am attaching an agreement for your consideration. This Agreement protects all parties rights. i would appreciate having this Agreement considered at the City Council meeting on February 3, 1976.~' M~, Kohl added that the Recreation Director and City M~nager had a resolution prepared, but it was not approved by all concerned. This agreement came up and they concur with.it. M~s. Padgett announced that ~. Centola had requested to spe~oon this item. ~. Centola appeared before the Council and informed the~that they feel they have an obligation to the City Council to qualify one of the statements in the covering letter. As stated in this letter~ the City ~ud the Little League ~re going 6o be hosts for the tournament. This will require quite an expenditure for Little League~ as they just found out that they must ~y for the housing for all the players. He does not feel they can support that and the tackle football program. He thir~ it would benefit the City to bring visitors into the City and they willutilize ~heir monies for that and will help with tackle football at another time. Mayor DeLong asked if the City Attorney had reviewed this agreement and ~. Reed replied that he has reviewed it and discussed it with the Recreational Director and fully goes along with the recommendations of the City Manager and Recreational Director. He feels it is certainly to the City's advantage. He added that even if it were not, there is a 120 day termination period in the agreement. -15- MINUTES - REGUL~a~ CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1976 M~s. Jack~on moved t~ execute the agreement with the Boynton Beach Little League, seconded by Mr. Zack. Under discussion, Mayor DeLong clarified that the motion would be to instruct the City Mmmager and Mayor to execute the agreement with the Boynton .Beach Little League. Motion carried 5-0. Receipt of Correspondence from ~. Joseph F. Hogenmiiler Kohl read the following letter from ~. Joseph F. Hogen- mil~er: ~'This is a request for the abandonment by the City of the strio of l~ud formerly Y~nown as the S. W. 6th Street spur. When the Department of Transportation extended S. W. 6th Street to S. W. 23rd Avenue, the City removed the pave- ment adjacent to my lot which is Lot 7, Block 4, Forest Hills Subdivision. If this land is given to me, I plan to improve it by landscaping it since it adjoins my home. Tha~l~ing you for your attention in this matter as early as it is convenient for you." Mm. Kohl added that he would like to have the information he gave completely deleted, which is wrong. Mayor DeLong asked M~~. Zack if this was something new to him and Mr. Zack replied: yes. Mayor DeLong requested that this be laid upon the table, so the Vice ~yor may make a study of this particular request. ~'~. Strnad ~ovem to table the request of M~. Joseph F. Hogenmiller, seconded by F~. Harmening. No discussion. Mosmon carried 5-0. Mm. Kohl added that he wo~d also get more information on this. ADMIN iS TRAT I~ S. W. ~8th Street - Councilwoman Emily M. Jacksom M~s. Jackson informed the Council that several times iately~ at night, she has come through Leisureville along S. ~. 18th Street. She has noticed five street lights between Ocean Avenue in the first few blocks, but then there is a whole stretch with no lights. There are several block~ which are very dark smd it will take a number of lights. She explained the location further. ~. Kohl questioned if she was asking to have lights put in and M~s. Jackson replied that it is a -t6- MIA~JTES - REGULAR CiTY COUNCIL i~ETING B0~NTON B~CH, FLORIDA FEBRUARY 3, 1 976 City street and she feels there should be lights put mn. Mayor DeLong recommended that M~s. Jack~on contact the City Manager in the morning and proceed with this along admini- strative lines. _Mr. Zack added that the group at Leisure- ville had been working on this, but they have not gotten all the required easements. Application for Permit to Solicit: Boynton Beach Little Leagun Mr. Kohl requested the City Council,s approval of this. ~s. Jackson moved that the application for permit to solicit by Boynton Beach Little League be granted. ~,~. Harmening seconded the motion. No discussion. Motion caz~ied~' 5-0. Certificate of Zoning Approval for All Alcoholic Beverages: Bernard's - North Federal Highway Gentleman Jim's - 2402 S~uth Federal Highway i~. Kohl informed the Council that the permits were aDproved by the State and everything is in order. - ~s. Jackson moved to grant the requests for certificate of zoning approval for all alcoholic beverages for Gentleman Jim's and Bernard,s. Mr. Zack seconded the motion. No dis- cussion. Motion carried 5-0. 0T~R Bike Paths ~. Kohl requested the approval of the City Council to have him~and the Recreation Director work with Di~k Morley. He has papers from the County and they will provide 50% of the funds. The City has ~15,O00. Mayor DeLong informed him that with the new agency that has been created, which he is going to serve on as a member, he may get a ~O0~/g grant. ~. Zack questioned where these bike paths would be located and ~. Kohl read the are~of Congress Avenue, S. W. 23rd Avenue and Swinvon Avenue. ~'~. Harmening moved to grant the City Manager the permission to proceed in conjunction with the Director of the Department of Recreation for negotiations with the County for bike paths for the City of Boynton Beach. ~Ms. Jackson seconded the motion. Under discussion, Mrs. Jackson remarked that she thought the north end should also be considered. M~. Harmening stated that this fits in with their original plan for bike paths laid out two years ago. Motion carried 5-0. L~2~e Front Property and Second Story Police Comolew MINUTE~- REGUL~_M CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA FEBRU~M~ 3 , 1 976 ~. Kohl referred to the last meeting when the Council re- quested that he look inte the property on U. S. I contiguous to the boat ramps and also financing. He referred to letters given to the members from the First Bank Mud Trust CO. and also a~letter ~romWi~E.~H~o.~n regards to what they could ~o in reierence to the 2~C~ts cigarette tax. Mayor DeLong stated he believed they would be doing business with local taxpayers with dealing with the bank. The City has dealt with the bank in the past. By looking at the ma~i- mum interest rate per annum of 7%, this is a let less than what they received on the last revenue issue and he believes they would save the expense of val~idation of the revenue certificates. He recommends that the City Me~ager pursues this proposal from the bank and comeback with further in- formation. He feels this would be a move in the right direc- tion. Mr. Kohl agreed, if they get the rate as stated of 7%. Mayor DeLong continued that they woul~ be doing busi- ness with local people. He certainly would like to see it proceed along those lines. He recommends that they get it definitely firmed up. He ~ows how much the cigarette tax brings in. With doing business locally at ~, he believes they will find they will hav~ an excess of funds left over from that particular revenue. Another thing they have to remember is that when they are dsaling with the bar2~ directly and de~ling with revenue certificates, the revenue agent wants a backup on them ~ud the bank has not requested this. M~. Kohl agreed. Mayor DeLong continue8 that they should negotiate with the bank and see where they stand. He stated that he ~ould accept a motion to instruct the City Manager to negotiate with the First Bank & Trust Co. to firm up the loan and come back with a detailed report of just exactly what it ~l~ amount to and exactly what ~ ~ a~ugemen~ ars going to be made. M~s. Jackson asked if they had definitely voted to put a second floor on the ~olice Department? She thought it was still just exploration. Mayor DeLong replied that they are working up to it. He added that it was the consensus of opinion of the majority of the City Council members that there was a definite need for a second story on the Police Department~and also to get lenad adjacent to the boat r~mp. The City can ourchase this land for $300,000. He trusts the City will-act accordingly. He referred to having made recommendations previously to buy property, but oeoole turned it down and did not project, i~s. Jackso~ s~ated that this was not the point she was bringing out. ~yor DeLong continued that at the time this was brought up, she wanted also to include other property, but they stated they would take one step at a time. M~s. Jackson asked if they were talking about one or both and ~uyor DeLong replied that they were talking about floating a loan for both. M~s. -18- MINUTES - REGUL~M CiTY COUNCIL ~ETING B0¥~TON BEACH, FLORIDA FEBRUA_M¥ 3, 1976 Jackson stated that she just recemved this ' ~ ' lni~r~tmon and has not had a chance to read it. MsJor DeLong replied that it was in the exploratory stages. ~s. Jac~on remarked that she wanted to ms/<e sure of this. Mayor DeLong continued that he thinks the City Manager should go ouz and firm up what they are about to enter into as far as negotiating a loan with the bank. He doesn't think they would want to explore the avenue presented by Hough~ since they csm do business locally. Mr. Strnad moved to have the City Manager proceed along the lines of the Mayor,s worded motion, seconded by Mr. Zack. Under discussion, Mayor De.Long clarified that the motion as to dmrec~ the City Manager to proceed to firm up the negotiations for a loan for a second story of~the Police Station and purchase land conti~9~s~ to the boat ramp in the western ~ud northern direction~ ~. Hs3~mening stated that he didn't quite understand this orooosal to the City Manager. They have a firm commitment-fr~m the Bank. Every- thing is set forth. He referred to the 3% service charge which would run the interest in the first year to $60,000. Mayor DeLong stated that a fiscal agent is also paid a ser- vice charge. Mr. Harmening continued that if they were to go this way and build a second story, which he has expressed previously he believes there is not a need for, he is sure the City will find it cheaper to go this road, but ~e is not in accord to financing it in this matter. He is not in favor of what the proceeds ar~e to be used for. He would like the people to know that interest on ~his loan, if it is repaid over the ten year ~ymentD~ on this schedule, will run approxi- mately $500~000. He is very reluct~mt to spend taxpayers, money in ~n_s direction for something which he doesn't think is needed. M~yor DeLong stated that he would see it is needed if he spent some time at the Police Station. He thin~ he should take the advice of people who tour this City. He doesn't see how they can get improvements until they have the cash on hand. He referred to how finances were handled previous to when he took office. He pointed out that this method would have nothing to do with the ad valorum tax, but is paid f~o~_m the cigarette ~ax refund. ~ais is what is now paying off the_~cresent Police S~a~on.~ ~ It is all right to ~ay let's psy as we go, but t~e problems are that you don~t nave the cash. This City has laid stagnant long enou=~h. Let's move forward. !~. H~mening continued with referring to the cigarette tax and the possibility if these funds were not re-com~.tted, it may be possibl~ to lower the millage. Msjor DeLong replied that this would not be good judgment amd they did not use good~ w judgment in lowering the taxes this year. ~. ~r~enzng~ · =s_ed how much money was 2/10 of one mill and Mayor DeLong replied: $46,000. M~. Harmening stated he didn't see where -I9- MI~TFS - REGUI~R CITY COUNCIL ~TING BOYh~ON B~ACH, FLORIDA FEBRUARY 3, 1976 $46,000 makes a very big splash ink, the $600,000 puddle. ~.yor DeLong remarked that it would have been nice to have. Mm. Strnad referred to the reference to re, payers' money and stated that this money is for the taxpayer. He doesn,t think they will mind having extra police protection. M~. Hemmening stated that the last station was only completed three yesms ago and M~. Strnad replied that the town has grown also. Mayor DeLong added that this police station was about five years late in construction. He referred to the 12 million gallon per day waste water sewer disposal plant on the boards and how when it was constructed, it would be obselete. Mayor DeLong then called motion carried 3-2, with voting against. for a vote on the motion and the Mms. Jackson ~ud Fm. Harmening Approval of Bills ~. Kohl read the following bills for approval: 1. ~rton Construction Repair on t2'~ Force Main Pay from budgeted funds 030-034 City M~nager approved 1/21/76 e West Construction Co. Est. #2 New office, lab and maintenance shop - Wastewater Treatment Facilities Pay from Atlam..tic National Bank 1975A Series Water & Sewer Bond Issue Contract dated 6/1/75 $ 1,2,7.32 32,647.50 J Ridgew%y Ptumbing~ Inc. To tie in sewer lines at Maintenance Facility Pay from budgeted funds 020-830 Quote dated 12/5/75 1,178.00 Glasgow Equipment Service~ Inc. Vehicle lifts for' Maintenance Garage Pay from encumbered funds 020-500 Council approved 9/2/75 5,658.55 Florida. Chrysler-Plymouth. ,- - ,~ ,~ 49,004.41 13 Pollce Vehicles Pay from budgeted funds 001-863.75 - $ 9,109.52 020-800 - $39,894.89 Bid of 10/t4/75 - Council approved 10/21/75 .C~nthia Lewis Server for Senior Citizens Club - 2 weeks P~¥ from Federal Revenue Sharing Fumd 020-880 0rd±n~uce #73-t5 passed 5/15/73 96.00 -20~ MINUTES - REGUL_~ CITY COUNCIL MM~MTiNG BOYNTON BE ~ ~ FLORIDA FEBRUARY ~3, 1976 isiah Andre~s Driver for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fund 020-880 Ordin~uce #73-15 passed 5/15/73 90.O0 M~. Kohl noted the bills described have been approved and verified by the depe~tment h~s involved; checked ~ad approved for p~¢ment by the Finance Director; funds are av&ilable in their respective budgets. He recommends peyment of these bills and does have every bill signed by every department head. M~. Harmening moved to pay the bills, seconded by Mms. Jackson. No discussion. Motion carried 5-0. Appointment to Ad-Hoc C0~mittee ~. Zack stated he would like to add ~k~. Arthur Spielberg on the Ad-Hoc Committee and Mayor DeLong agreed. Discussion of Sewer L~nes in Leisurevill~ Mr. Zack referred to the memo regarding the sewer lines in Leisureville, Section ~O. He stated he didn't think this was a responsibility of the people living there, but should go back to the developer. He questions why it took so long to discover these sewers were ou~ of line? Mayor DeLong replied that he believed the City Manager was on this and it will be rejected by the City. M~. Kohl agreed. ~. Hs~mening stated that he appreciated ~. Zack's interest and is glad it was brought up. He feels the situation has been allowed to go too far along. The City should have tsd~en some active steos or acquired information sooner. Mayor DeLong stated that ~t will not be accepted by the City and they must do ~ the City wants it done. ~_~ job as Discussion of Franchise Agreements ~. Strnad referred to reviewing the fre~uchise agreements in the Finance Department, which were readily available to him. He came across a franchise agreement signed in 1955 with Southern Bell Telephone Co. for which they got as their re- turn one telephone installed in City Hall, but they have to pay for all calls. This is the extent of their franchise agreement. This is a 30 year agreement. They still have 10 years to go on it. Can this franchise agreement be ab~ro~ted to get some revenues back? M~. Reed replied that~he would look into this. M~. Kohl added that he had also valked to the Finance Director ~ad he will look into the other cities as to what they are procuring from Southern Bell. -2t - MII~UTES R~GU~AR C=TY COUrts,IL MEETING BOYNTON BEACH~ FLORIDA · - EBRUAR~ 3, 1 976 Discussion of Retention of Sewer Plant Facility M~. Strnad said he would like to kmow if there is someone they can get to find out how the people in Washir~ton can originate such ideas to have their sewer plant put out of existence as soon as the regional plant goes into existence. He thinks the laws are made, but not checked in the m~uuici- palities. He thinks it would pay them to find out why they cannot uss their sewer facility. Ma~vor DeLong replied that they were told they could not do it. They will have a 2.5 million dollar plant Which possi- bly could be permitted to be kept on an emergency basis. The proposed plaint will be to its limit as soon as constructed. He explained this further and stated he didn't think they could do ~mything on the local level and the Washington representatives won't come here. Mrs. Jackson stated she thought they could do something. She referred to the elected officials not letting the ap- pointed officials do what they want to do. ~b.yor DeLong agreed it was the appointed ~eople and referred to the plans having been changed so ~uy times. He referred to the cost spent for plans by both Boynton Beach a_ud Delr~y Beach, only to have the plmas gather dust. Mx. Harmening agreed with all that had been said. He stated that they didn't have to cross this bridge until ~980 or 1981. If the projectior~ are true about the regional plant being fully loaded upon completion, he hopes their plmut can be allowed to conzinue. Mrs. JacY~on stated that the ocean outfalls will be outlawed in ~981. She suggested sending letters to Congress as persons letting them know that they don't appreciate this. Mayor DeLong remarked that it was happening all over. ADJOURN~NT M~. Harmening moved to adjourn, seconded by ~. Strnad. MOtion carried 5-0 and the meeting was properly adjourned at o. ~.40 P. M. -22- MII~JTES - R~GULAR CITY COUNCIL ~.~ETING FEBRUARY 3, 1 976 BOYNTON BEACH, FLORIDA CITY OF B~NTON BEACH~ ~LORIDA BY ATTEST: 'or City Clerk Respectfully subn~itted, Suzanne _.ruse Recording Secretary (Two Tapes) -23-