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Minutes 05-06-75MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HkLL~ TUESDAY, MAY 6, 1975. PRESENT David Roberts~ Mayor Joe DeLong, ~ice Mayor Edward F. Harmening, Councilman Norman P. Strnad, Councilman Emily M. Jackson, Councilwoman Prank Kohl, City Manager Ernest G. Simon, City Attorney Terees~ Padgett, City Clerk OPENINGS Mayor Roberts called the meeting to order at 7:30 P.M. He asked all to rise for the invocation given by the City Manager, Frank Kohl, followed by the Pledge of Allegiance to the Flag, led by Councilman Harmening. Announcements The Mayor referred to a meeting which was held the night before, con- cerning the Regional Waste Water Treatment Plant, noting that both Boynton and Delray were going to each contribute $25,000 to start off the progm~a. This subject will come up later in tonight's meeting. The Mayor announced there would be a Special City Council meeting on Thursday~ May 8, 1975 at 7:30 P.M. in City Council Chambers, at which time the proposed Zoning Ordinance would be read and there would be an opportunity to discuss same. Mayor Robemts said there would be a Special Hearing held at 7:30 P.M. in City Council Chambers to discuss the proposed Zoning Map on Tuesday May 13th for the North area and on Wednesday~ May 14th for the area South of Ocean Avenue. Mayor Roberts then mead a Proclamation designating Poppy Days on May 23-24, 1975, urging all to wear poppies in memory of all Veterans. The Mayor asked al! those in the audience wishing to speak on items on the Age~da so they may be called at the appropriate time to give their names to the City Clerk. He then asked Councilmembers if they had anything to add to the Agenda. Mrs. Jackson mentioned two items and it was decided to place "Approval of Plat for Ya£htmants Cove" under OLD BUSINESS as the first item to correct the action taken at the last Council meeting. It was also decided to place "Allocation of $25,000 for Regional Sewage Facility' as the first item under NEW BUSINESS. MINI/TES Regular City Council Meeting - April 15, 1975 Mrs. Jackson referred to page 14, paragraph 4, line 4 which should be corrected to read, 'TMrs. Jackson reminded the Council that City Judges in the past have not been members of the Bar and neither was our present Judge ad litem." MINUTES - REGULAR CITY COILNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1975 The Mayor referned to page 5, paragmaph 5, line 5 -- the meeting was actually at 7:00 instead of 7:30 snd this should be changed. There was some discussion about the correct name for the Re~onal Wastewater Treatment Plant and it was decided that since it is in the Agreement, it be referred to as the "Regional Facility". Mr. Simon requested that page 1 under the list of those present, change be made from 'q~obert Fedenspie!: Acting City Attorney" to "Robert Federspiel, on behalf of City Attorney". a Mfs.Jackson moved to adopt the Minutes of the Regular City Council Meeting offS, 1975 as corrected~ seconded by M~. Strnad. No dis- cussion. M0~ion carried 5-0. Special City Council Meeting - April 24, 1975 Mr. Hammening moved to accept the Minutes of the Special City Council Meeting of April 24, 1975 as presented, seconded by Mrs. Jackson~ No discussion. Motion carried a-G, with one abstention as Mr. DeLong had not been present. PUBLIC AUDIENCE Mr. John Adams, 770 Horizons East, spoke on behalf of the Bicentennial Committee as a member thereof and the Program Coordinator. He said the Committee has concluded that the Liberty Bell should be used as a symbol of Bayn~tan's Bicentennial Committee and activities and an expression from the City Council in aeeomd with this fee//ng was ne- quested. Mrs. Jackson moved to accept the recommendation of the Bicentennial Committee and Program Coordinator and use the Liberty Bell as the City's official emblem. Mr. belong seconded. No discussion. Motion camried 5-0. · The Mayor complimented the work of the Committee. Mr. Adams spoke about the various activities of the Committee and noted that it was attempting to coordinate the efforts of various groups to participate in the Bicentennial cele~bmation, adding that there have been many requests for the Committee to speak at functions in the area. The Committee does not intend to handle the sale oi souvenir~ etc. but will help coordinate the activities of those groups wishing to do so. Such groups should contact the Secretary of the Bicentennial Committee, Kathy Ha~ghnto learn where a source of supply can be reached. The Committee has investigated a particular concern in Pompano Beach and found everything in order regarding merehandise,prices~ etc. Mr. Adams said there would be a band eonce~held at Leisurevil!e on T~esday~ May 13th~ in celebration of the Bicentennial and he extended an invitation £or everyone to attend. Mrs. Jackson asked if there would be a supply of small Flags available as she felt the citizens of the City would like to fly them around this time next year and Mm. Adams said this would be discussed among the MINUTES-- REGULAR CITY COUNCIL MEETING MAY 6, 1975 BOYNTON BEACH, FLORIDA Core,tree. It was also noted that Mr. Kohl had ordered special Flags to be flown at each of the City's faeilities~ including Bieentennia! Park. Mr. ~Sidney Schwartz, 1006 S.W. !Sth Street, spoke for the improvement of conditions for the City's youth and cited several statistics on erime involving young people. He felt the City should fortify the programs conducted by the State and County with its own activities. He requested that the City Council start a Youth Bureau as a stamt in overcoming the neglect in realizing the need for preventive programs. The Youth Bureau would have as its objective thee eoDmdination and supp!ementatioB of the activities of publi% private and religious ageneies devoted to ~he welfare and protection of the CityTs youth. It would conduct pmograms for the benefit of children and consist of a cross section of the City's~ Dopulation from all walks of life, all of whom would be non-salaried. He asked Council to make this a priority project. Mr. DeLong moved that the recommendations of Mm. Schwartz be taken under advisement by the City Council, seconded by Mfs. Jackson. No di~nussion. Motion carried 5-0. The Mayor requested Mr. Kohl to be of help. Mayor Roberts advised Counei! that he had a book in his offiee containing all crime statistics, and related matters, compiled by the State and the book was available for review by the members. Mm. Simon t~yder, 2379 S.W. 13th Avenue, complained that residents were not observing the regulations in conserving water and he recommended that when the water meter readers were sent out, a prepared statement also be sent~ explaining the need for the water restrictions, reiterate when people may water their lawns, indicate there will be penalties and strict supervision. BLDS Sanitary Sewer Extensions - Lateral 1SC Mr. Kohl referred to correspondence from Russell L Axon, the CityTs consulting engineers, dated April 30, 1975, tabulation sheet and affidavit on the above. Ail other requirements have been met. It is recommended that this project be awarded to Underground Utilities in the amount of $24,786.62 and Mm. Kohl concurred with R&A's recommendation. Funds are avail~ole from monies reimbursed by H. U.D. to the City on the original Lauder4ale contmact. Mm. DeLong moved to accept the recommendation of the City Manager and award the low bid to Underground Utilities in the amount of $24,786.62. Fi~s. Jackson seconded. It was clarified that the City had this bid once before and Lauderdale did not follow through so the City had to go out and re-bid. This amea is south of Boynton Beach on U.S. !. Mr. DeLong noted the wide range of bids received and asked Russell & Axon about the reliability of the eompany awarded the bid. Mr. Joe Swan~ Engineering Manager~ Russell and Axon~ said R&A is acquainted with the firm in question from other jobs they have performed and they were very satisfactory. The fimm bid the low price intentionally as they would like to work in this area. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLOR/DA MAY 6, 1975 Mr. Strnad ssid he was pleased with the bid in that it was more than $87000 less th~n RgA~s estimated bid. Motion carried 5-0. Tennis Court Complex Mm. Kohl ssid bids on the above were opened on April 28, 1975 at 11:00 A.M. in the office oi the Purchasing Agent~ MD. Sullivan. The Tabulation Committee recommends acceptance of the low bid from Simgo Corporation in the amount of $22,790.56. Councilmembers had befome them copies of the Tabulation Sheet and a~fi~avit signed by Mm. Kurt Hiller~ President of Simgo Corporation. Mr. Kohl had checked all other requirements and everything is in omder. He concurred with the reeommendations of the Tabulation Committee. ~e noted that Counei! approved the Tennis Cour~ Complex at the Regular Meeting of February 18, 1975 (page 10 of the-Minutes)~ but monies for this project were not designated at that time. Mm. Kohl requested that monies be ap- propriated from Operating Capital Improvements in the.~amount Of $22,790.56, to cover this expenditure. Mm. DeLong moved to accept the recommendation of the City Manager and award the low bid toSimgo Corporation as above. Mms. Jackson seconded. Under discussions Mr. DeLong questioned whether or not the City was supposed to go out for bid on the tennis courts and a basketball court at the time. Mr. Kohl said-'he went~ out for bid on thetennisa mouz~cs~. and later it will be determined where the basket ball court can be put,on~ 15th Avenue. This has been discussed with Mr. Fredericks and Council. Motion carried 5-0. it was elarified that the monies be appropriated as Mr. Kohl requested and that this was in- eluded in the motion. PUBLIC.HEARING- 8 P.M. None. Ordinances - 2nd Reading - P[iBLIC HEARING Proposed Ordinance 75-!3 - Re: Amending Section 16 of Article II Providing for Deletion of Requirement of Ownership of Improved Real Estate as a Quslq,fication of Council Members Mr. S~ read Proposed Ordinance No. 75-15 on second reading by caption only. MaYor "Roberts asked if anyone wished to speck for°fagainst the proposed Ordinance. No reply. Mrs. Jackson noted that%his was in accordance with State law. Mrs. Jackson moved to adopt Ordinance No. 75-13 on second and final reading, seconded by Mr. Harmening. No dis- cussion. Mrs. Padgett called the roll as follows: Vice Mayor DeLong Aye Councilman Hammening Aye Councilwoman Jackson Aye Councilman Stoned Aye Mayor Roberts Aye Motion carried 5-0. M_INUTES - REGULAR C/~Y COUNCIL MEETING BOYNTON BEACH~ FLORIDA MAY 6, 1975 Proposed Ordinance 75-14 - Re: Amending Section 52 of Article IV of the Charter Providing for De!e~of the Requirement of Ownership of Improved Real Estate as a Qualification of Elective Officials Mr. Simon read Proposed Omdinance No. 75-14 on second reading by caption only. M~yor Roberts asked~ if anyone wished to speak for or against this Ordinance. No reply. Mm. Harmening moved to adopt Ordinance No. 75-14 on second and final meading. Mr. DeLong seconded. No discussion. Mrs. Padgett called the roll as £ol lows: Vice Mayor DeLong ~ Aye Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Stmnad - Aye Mayor Roberts - Aye Motion carried 5-0. Proposed Ordinance 75-15 - Re: Amending Section 23A-3 of Chapter 23A of the Codified Ordinances to Amend Rates, Fees and Charges for Services of the Sewage Disposal System Mr. Simon read Proposed Ordinance No. 75~15 on second readingby caption only. Mayor Roberts asked if anyone wished"to speak rom or against this Ordinance. No reply. Mr. DeLong moved to adopt Ordinance No. 75-15 on second and final reading~ seconded by Mr. Hammering. No :discussion. Mrs. Padgett aa!!ed the roll as follows: Vice Mayor DeLong - Aye Co~uneilman Hammening Aye Councilwoman Jackson Aye Councilman Strnad Aye Mayor Roberts Aye Motion carried 5~0. Ordinances - 1st Re m ding Proposed Ordinance 75- - Re: City Tree Preservation (TABLED) Mr. Strnad moved totake this from the tab!e~ seconded by Mr. DeLong. Motion carried 5-0. Mr. Stoned refezmed~o page 2, Section H and said it shou&d read,'~It may have several stems or trunks as in several varieties of Oak.'? (The word '~appear" should be deleted,) Also~ when the power is given to the Building Official to have control over the trees and their removal or planting, Mm. Strnad felt his recommendations should be supported by someone knowledgeable in this field -- perhaps someone from the Commmmity Appeamanee Boamd. Mr. DeLong suggested the Supervisor of Barks in the City if he ha§ the knowledge needed. Mr. Strnad then referred to page 5~ Item D, regarding inspection by the Building Official. He askedfif this provision was going to be added to the Building Pemmit to show when the inspections have been done. He would like to see it put on the Building Permit. MINUTES - REGULA~ C~DY OD~NCIL MEETING MAY 6, 1975 BOYNTON BEACH, FLORIDA Mayor Roberts felt the City was about five yea~s late with this Ordinance because theme are now~.many environmentalists and conserva- tionists and the Building Department tskes many steps to assure that care is ~aken. The Mayor felt this Ordinance would cause a hardship to a builder. He questioned the pa~ts' of the Ordinance which put-the burden-on the City Council and Building Department and he questioned whether or not the City would have the authority to impose some of the restrictions listed under Section 12. He was of the opinion that the timing~.~was wrong and. the City was late with this Ordinance. M~. DeLong agreed that the City was long overdue but he felt the situa- tion would not be helped by standing still. He asked who drafted the Ordinsnce and questioned the legality of it. Mrs. Jackson felt the Ordinance might be too restrictive and would possiSly invade the privacy of citizens. It was clarified that Mr. Kohl had copies of similar ordinances from the surrounding municipalities and submitted them to the Community Appearance Board, whereupon they returned them to Mr. Kot~l after review and he forwarded them to the City Attorney. Mr. DeLong said if Mr. Simon dr~ted the. Ordinance, he would like to see it tested in Court if and when the Council adopts it and he £elt some aetion~qould be taken. The Mayor questioned the wording of some of the sections and discussion ensued as to the restrictions of the Ordinance, as well as having knowledgeable pebp!e involved. Mrs. Jackson questioned why it was necessary to have both the Community Appearance Board and this Ordinanee as she felt the CAB was doing a good job. The Mayor felt the Ordinance should be reviewed again and simplified and particularly questioned the provision for what the size of a tree should be. Mr. DeLong moved to return this Ordinance to the City Attorney for review and simplification. Mr. Harmening seconded. Under discussion, Mr. Harmening suggested considerably simplifying it, as he felt it would cost the City thousands o~ dollars to en£oree in that it was unworkable and unrealistic. He noted that other municipalities have also had eonsiderab!e problems and litigation concerning their tree ordinanees. Mr. DeLong noted that Boca Raton was very suecessful in any litigation on this matter. M~tfon carried 5-0. Proposed Ordinance Re: Parental Responsibility for Minors Mrs. Jackson moved to place this item under NEW BUSINESS for discussion. Mr. DeLong seconded, noting there was some correspondence on it. No discussion. Motion earried 5-0. (This will be item VIii - F.) Resolutions Proposed Resolution 75-BB - Re: Accessible Routes on S.W. Third Street in Said City Mr. Simon read Proposed Resolution No. 75-BB in its entirety. Mr. DeLong ~ove~ ~or the. adoption of Resolution No. 75-BB, seconded by Mr. Harmening. Mr. ~eLong noted that the State Highway Department closed off 3rd Street at S.W. 15th Avenue and he felt where it was going to be opened should be - 6 - MINUTES - REGULAR CITY COUNCIL MEETING MAY 6, 1975 BOYNTON BEACH, FLORIDA clarified to indioate the access road would be south of the baseball diamond. It may be misleading that the City, is going to open up 5md Avenue at 15th Avenue where-the DOT has come down with a ramp. ~ayor Roberts explained that there is a pemmiter road around the play,round being opened up to take the place of the closed off northern end of 5rd Street which runs into 15th. The Mayor said 15th Avenue was ~t~eed~of~ a~~ 5~d>:$~meet ~ and wash done by the Department of Transportation. A perimeter road was built to be a regular street which goes around the p!aygmound and ties in with Tl~rd Stree~ at the north end of 5rd. It was noted that the perimetem road does not have a designated nau~ ~and it has not yet been dedicated as a publie road. A~ter some further diseussion, it was decided to table this until the next meeting. Mm, DeLong withdrew his motion end Mm. Harmening withdrew his second. Mms. Jackson moved to ta~!e this item, seconded by Mm. Stmnad. No discussion. Motion carried 5-0. Mm. DeLong moved to instruct the City Attorney to submit a Resolution at the next meeting~ designating the route from 5rd Street to 15th Avenue. Mrs. Jackson seconded.No dmscussmon.' ' Motion carmied 5-0. OLD BUSINESS ,~pproval. of Plat for Yachtman~s Cove After some discussion concemning a correction to the action taken at the last meeting on ~b/s item, Mfs. Jackson moved to accept prA/~Jminary approval of plat for Yachtman's Cove, seconded by Mr. Harmening. (Note - the preceding discussion had included a motion and second by Mrs. Jackson and Mr. belong, followed by a retraction of same. ) The Mayor %~ished to get c!arifieation from Mr. Simon on the procedure to be followed. He noted that this was read last time as a final approval for Yachtman:s Cove: when in fact, it should have been preliminary~approva!. Mm. Simon advised that the order of procedure is as follows: the preliminary plat receives tentative approval by the City Council. Then it is sub- mitred to the Planning Board for recommendations for final approval by the City Council. After receiving recommended final approval by the Planning Board, the original and one copy of the final plat shall be presented to the City Council for its final approval. Mr. Simon said if there is going to :be preliminary approval tonight, it then goes to the Planning Board for recommendations with regard to final approval. After further discussion, Mrs. Jackson withdrew her motion and moved to reeonsider the vote on the previous action taken at the last meeting. Mr. DeLong seeonded. No dis eussion. Motion carried 5-0. Mrs. Jackson moved to g~ preliminary approval 6f plat for Yaahtman's Cove and return to the Planning S Zoning Board for their recommendations towards final approval. Mr. belong seeonded. It was clarified that no Ordinance would be read at this time. Motion carried 5-0. Application for 70 ~t. Radio Tower-Mr. Ben Johnston (TABLED) Mm. Hammening moved to take this item off the table, seconded by Mrs. Jackson. Motion carried 5-0. - 7 - MINUTES - REGULAR CITY COUNCIL MEETING MAY 6, 1975 BOYNTON BEACH, FLORIDA Mm. Kohl mead a letter from attorneys, McMillan, New~tt~-~d~ ~ Stmawn regamding the pmopemty in question at 737 N.W. 2nd Avenue (copy attached ). Mms. Jackson commented that Mm. Johnston's move two yea~s ago was to be temporary. Also, regarding the taller towers in the vieinity~ she noted that they were all in the County. Regarding the proposal in Mr. Adams, letter that there would be no employees on the p~emises after 6 P.M., M_vs. Jackson questioned the t~ucks that were coming in and dumping muck which was cause for complaint. In discussion, it was clarified there was nothing to report about the sun,nons that was issued as yet. Mr. Bushnell of the Bu/tding Department said that Mr. Barrett requested in his absence that Council withhold any action.~'~on tb/s matter until such time as the Build/ng Depamtment man ascert-a/n that compliance ~th all regulations~ in~!uding zoning and those items mentioned in the above letter amc finished. Mm. Simon advised that since the Building Department initiated the wamrant, the Build/rig Depazqnment could ask the prosecutor to%i.~ithhold further prosecution until certain matters ace taken came of. Mrs. Jackson moved to comply with the request of the Building Department as stated above to post-pone any action. Fir. DeLong seconded. Mm. Simon wished to elari£y that the postponement is addmessed to considera- tion of the application that's presented to Council, not the postponement of the prosecution of the case in Municipal Cou~t. Motion carried 5-0. Discuss Property Adjacent to Municipal Boat Ramp Pa~k (TABLED) It was decided to leave this item on the table. Approval of Funds to Connect to Delray Beach Water System Mr. Kohl noted that at the Special Meeting of April 24, 1975, the City Council approved the recommendation to sonneet to the Delray Beach Water System at an estimated cost of approximately $10,000. The City is proceeding ~rith this work and it should be completed within a week to ten d~ys. (Mr. Kohl advised that the work was completed today.) At the Special Meeting, Council requested Mr. Kohl to report where £unds amc available. Inasmuch as this is an emergency .situation and funds were not budgeted, Mr. Kohl recommended the increase of Appropriations ~or New Water Mains to $20,000 (Account No. 811.17) from the Water $ Sewer Revenues to cover this expenditume. Mr. Kohl requested approval of this recommendation. Mr. Harmening moved to accept the City Manager's recommendation. Mr. DeLong seconded for discussion purposes. Mm. Kohl said he didnTt have an exact cost ~igure on the work yet. It was clarified that Mr. Kohl didn't feel the work would cost $10,000 but he wished to have this ad- dition~a~ amount appropriated. It was ~umther clarified that Account 811.1Y is where the ~unds are coming from, not where they are going to. Motion carried 5-0. - 8- MINUTES - P~EGULAR CITY COUNCIL MEETING MAY 6, 1975 BOYNTON BEACH, FLORXDA Consider Removal of "Fork" - S.W. 6th Street & S.W. 25th Avenue Mm~ Kohl noted at the Reguta~ Meeting of Mamch.18th~ it was stated that an "asphalt fork" in the ~bove a~ea should be removed as people are confused and ~his constitutes a traffic haman,. The M/nutes further state the blacktop should be removed,; the a~ea then grassed and perhaps abandon a portion of this '~fork~' to the abutting property omelets. The. determination was made this shotLld be handled adnf~nistra- tively. However, Mm. Kohl e aid before he can proceed:, he would like Council's decision as tothe abandonment of a portion of this parcel of land to the ~:abutting proper~y owumems~'. A copy of a drawing of the area was before Council. Mr. Harmening felt there .was little traffi2 in the area and there was no need for any action. It was noted that the City~ eau abandon property but cannot sell. Council discussed the matter and the gentleman who lives closest to the area in question came forward. He seed he was not especially interested in having the property given to him. He felt it was a hazardous area and people were running in h~ property. He wished to have that portion of the moad torn up. After fumttmr discussion, Mm. DeLong moved to have the blacktop removed and have the City Manager grass the area in. M~. Strnad seconded. Mrs. Jackson asked abo~t the little island in the area; The gentleman said that the State ad~-sed Dim they were going to put[ ~lowers in, which he felt would be of no value. Mr. Harmeraing asked i£ the hazards tha~ ex/sted were to the gentlem~n~s property. ' ~h~a~e~m-was that the road serves no purpose. He added that quite a few ears tumned on Dis property. Mm. DeLong requested that Mr. Blank speak about tb/s. The Mayor felt if it wasn't going to cost a ~reatdeal of money~ the Cit~ should go along with this. Al-kef some further discussion, the ,motion carried 5-0. Discuss Representative of Build~ng Dept. to he Pmesent at Community Appearanee Board Me. etings- Counei3Jaan 'Strnad Mr. Strnad said since the Agenda was ~de up~ he has spoken to the Vice Chaimman of the Community Appearance Board and also to Mr. Kohl and he wished to turn it over to M_~. Kohl to~hand!e administratively. Mr. Kobfk said that Mr. Strnad had asked if the Building Department would have all the necessary plans and everything pemtair~_ng to the Community Appeamance Board and themefore Mm. Stmnad and the CAB would be satisfied in this direction. Mm. Stmnad said therefore, it would not be neeessamy in any instance to have a men, er of the Building DepOnent present at the Commuraity Appearance Board meetings if they have the proper papers to work on, stamped and approved, etc. This matter was eonsidered to be handled administratively. NEW B~ISZNESS $25~000 for Regional Sewage Faci!it~ Mrs. Jackson moved to allot $25,000 towards the new Regional Sewage Treatment Facility from Utility General Fund. Mr. DeLong seconded. PAr. Simon clarified that the Council was only implementing the Agreement that was a!ready~authorized. It was furtheml~stated that these funds would be transfemmed to the Broward National Baml~. Motion carried 5-0. MINUTES - REGULAR CITY,,~COUNC!L MEETING MAY 6, 1975 BOYNTON BEACH, FLORIDA Discuss Planned Use of General Revenue Sharing Funds for Entitlement Period 5 - July l~ 1975/June ~0~1976 Correspondence on the above, indicating the requirements which must be met by the City to receive its Revenue Sharing Funds was before Council. The anticipated total payments for Period 6 is stated as $275,359. It is neeessamy that the City Manager receives the views and opinions of Council members as to where these funds are to be used. When this is established the City can then proceed administratively with the required advertising end all other stipulations before the June 25, 1975 deadline. It was clarified that this matter could be handled the same as last yeam. Mr. DeLong moved to have the City Manager take acme of filling out the necessary form regarding Revenue Sharing Funds. Mrs. Jackson seconded. No discussion. Motion carried 5-0. Discuss Emergency Rescue - Councilwoman Emily M. Jacksom Fms. Jackson said in 1971 end again at last monthTs PatmBeaeh County Municipal League she saw a demonstration of the Pire Reseue Squad operating a defibrilator. This is a machine put in an ambulanee and monitored at the Hospital emergency room for cardiac emergencies. She referred to her earlier inq_u~.'ry about the feasibility ~tthav~n~. one of these put in one of the City's rescue trucks, howev~r~/~%r~edid not See have an actual ambulance. She cited the use of this equipment in other Min. cities and said it was a life saver. Mrs. Jackson learned that the 5/20/75 equipment cen be purchased for both the ambulance and hospital for about $25~000~maybe less~ per ambulance, plus special training for the pama-medie. She inquired as to whether Bethesda Hospital would be interested and mead a letter from Mr. Clayton of the Hospital, indicating interest. Mrs. Jackson requested the Mayor to appoint a Cardiac Coordinated ~ask ~ ~ Force which was also suggested by D~. Rayburn (heart specialist)~ to meet with the Hospital Adm/nistrator and look into the feasibi!i~ of purchasing this equipment and sending some-lmembers of the City's ~re Department to have the necessamy training. Mr. R. B. Vastine of Leisumeville came forwazdto speak on this as he has als~ been working on it fo~ a group. He referred to meports end conferences he had with Fire Chief Wright and Emergency Medical Technician K/ght and Wade Marsh, Associate Administrator of Bethesda Hospital, and Dr. Trask. Mr, Vastine reported on his ~indings concerning this machine and spoke very highly of it. Mm. Vastine said he learned it is absolutely essential to have a Federal Communieations License for ultra highfmequency transmission and it is a State megulation. The City should not buy any equipment unless there has been consultation with medical experts. He reviewed Chief%Wright?s needs which amount to approximately $D2~000 and listed the necessamy requirements to get the program undez~ay. Problems at the hospital include s~affing and a tremendous insurance liability factor. The service must be approved by an area Cotmcil and the hospital has no budgeted funds for auch a project at this time. Mr. Vastine said he already knows of two people who will donate £unds tothe hospital if this progT~m gets underway. - 10 - MINUTES - REG~LA~ CI~T COUNCIL MEETING MAY 6~ 1975 BOYNTON BEACH~ FLORZDA Mr. Vastine said this is a very important program and other hospitals should be studied~ i.e. the Boca Hospital and Kennedy Hospital and he P~ows of many people who are interested in the prograu~ Mayor Roberts noted that M~. Kight~ who was in the audience, ~had received a letter from President Fo~d regarding his particular activities. M_~. Kightstressed the need for adequate manpower to help implement the EMT program with proper training. He then read a letter dated January 21~ 1975 from M~s. Margaret A. Larson: Program Specialist~ Health Coordination Operations~ Field of Education. Mr. Kight felt there were unnecessary delays in getting men t~ained. There was further discussion, concer~ning the program and Mr. Vastine said that Dr. Trask would be pleased to help in developing the program. It was decided that a Committee shotkld be formed to get all the ir~o~mation-~ogether for presentation at budget time; the committee would include Firs. Jackson, Mr. Vastine and Mr. Kight, among others. Mrs. Jackson said that Dr. Rayburn would not be able to be of assistance due to health reasons, but he felt that a doctor should be involved in coordinating the program. Mr. DeLong moved that Richard Vastine, Gene Kight and Mrs. Emily M. Jackson be appointed as a Committee to study the EMT program, with the discretion that other members be added as needed. It was noted that Dr. Trash had offered to he-of help also. Mr. Harmening seconded the motion which carried 5-0. Consider Designation of Signs on 1-95 - Councilman Norman P. St~aad Mr. Str~ad asked Council to consider sending a Resolution to Mr. Sterling of the Department of Transportation regarding the signs which designate streets in the City, in that the words "Boynton Beach~' a~e missing. After looking over the sign plan for the 1-95 system w!~h~Mr. Flushing~ Mr. Strnad noted that Boynton wasn't even mentioned on it, nor is Delray Beach. Also, S.W. 15th Avenue is referred to as Woolbz~'~ght Road which is long outdated. He felt that people coming into the area would be confused and he hoped the matter mould be straightened out before these signs are put up. The Mayor agreed wholehe~ted!y. Mr. DeLong said DOT should receive at least a year~s notice so that Something might be accomplished. Mr. Flushing seid all the sign plans have been completed ~nd the City has received a copy. He didn't know if the signs were already being made. He said there seemed to be no indication of names of Cities -- only the names of stmeets. Mr. DeLong~?said going north on ~-95, the signs were properly written. Mr. DeLong moved that the City should have a Resolution sent to DOT regarding the lack of the City's name being mentioned on the signs they intend to erect. Mr. Strnad said he would also like to see Woo3_bri~Road chan'~ed to S.W. 15th Avenue (~rlth Woo3_br~t ~oad indicated underneathin parentheses). The City's name should be included on all signs to be erected and there should also be a sign :'Boynton Beach" when entering the City limits. Mrs. Jackson seconded. Motion ca/Tied 5-0. MINUTES - REGUL~/~ CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1975 Discuss Traffic Sign~atisn ,on SR ~5 '(B~ S, ~1) F. Strnad - Councilman Norman Mm. Strnad noted howlong ittakesto getsomethinq done f~om the Dep~mentof Transportation and he,wished to see the Cityt~keaetion in getting a tra~fie!ight installed at HiS. 1 and Old Dixie which is very eongested,~espeeiallyin view of Colonial Club land the SunWah Restaurant. Mm. DeLong said the probiemexisted pa~tieular!y because motorists could not get~outonto the highway from Colonial Club due to the moving tm~ffie along HiS. !. It was decided that this should behandted administratively~as DOTiwould have to make a study. Consider Change Order ~3~ Alsay-Pippin Co. - Re: Wells 13, 14 and 15 Mr. Kohl read a letter from Joe C. Swan, Engineering Manage~ of Russell &Axon~dated April 30, 1975, concerning the above and indicating the~ change .order reflects additions and deletions made necessamyto the original quantit~esdue toe hanging the wells' locations. Mr. Kohl said he discussed this with Mr. Swan and heeoneumredwithhis recom- mendations as this change order is essential. Mr. Kohl requested authorization for the execution of the Supplemental Agreement. He said the actual changeomder would amount to a net total addition of $8,574.30. Mrs. Jackson moved to accept the recommendation of the City Manager and Russell& Axon above, re Project No. 6858-6, Change Order No. 3. Mr. Harmening seconded. No discussion. Motion carried 5-0. Proposed Ordinance Re: Parental Responsibility for Minors (Discussion) Mrs. Jackson said she had discussed this matter with Chief Huddleston and Mm. Simon, the latter of whom gaveher a StateOrdi~anee No. 74.24 regarding the available Civil action against paments and wil3_~ul destruction of pmopertyby minor children. She wished to have this matter tabled and a eopyof the State~ Ordinance distributed to each Council member for review and discussion at the next meeting. Mr. DeLong moved to table thisitem, seconded by Mr. Harmening. No discussion. Motionearried 5-0. Mr. Simon said there are some cities ~ith simitartype ordinanceswhich for the most par~ are a bit nammower than whatis proposed here. He wasn't sure how broad Council wished to have the Ordinance. A State Statute already exists to give the opportunity of going against the parent for destruction of property by a ehild~ under which a municipality or person orproperty owner can sue theparent of a minor who maliciouslydestroys proper~y up to $!,000 provided the minor resides with the parent and~Other certain requirements~ The suggestion here is for an ordinanee that p~ovides for criminal penaltieaand[~iit would have to be verycarefully a~udled because of the eonstitution~itY aspects. ADMINISTRATIVE Request Approval to Retain Callaway~ Carpenter and May a~j~ty Auditors and Authorization. to Si~"Letter-Agmeement" Mr. Kohl referred to a letter before Council from the above concern, MINUTES - REGULAR CITY COUNCIL MEETING MAY 6, 1975 BOYNTON BEACH~ FLORIDA See indicating theix desime to sexve as the City's auditoxs for the fiscal 5/20/7. yearn e~i~g-SeD~embe~_~_~r 1975-76. Min. y nave increased their fee $2000~i8~ fxom last yeax. However, this is due to the fact that they amc t~c~ng on additional woxk which is indicated in theix lettex and which Mr~. Kohl has so undexlined. Mr. Kohl said he discussed this with the Finance Dixeetor, Nm. Kenneth Kribs and they agreed that the City should engage ea!laway~ Campentex~ ~ay ~' Company and xequest appxoval to accept the "Let-Cex Agmeement,~. Mm. Kohl felt . they did a good job. Mm. DeLong moved to continue with 'C~laway,'~ampentem, May& Company as City auditoxs. Mx~ Stxnad seconded. No discussion. Motion tattled 5-0. Considex Library Agmeement Between the City of Boynton Beach and Palm Beach County fo~ 1975-76 ~isc~l Yearn Mr. Kohl meferxed to the complete file on this xequest which was before Council · ' ~ - ~ and ~e..n~t~d ;~/~.~ t~e.3aDmeement has been mutually beneficial. Also befome Council was a xecommendation fxom Mrs. Vixginia Farace, the City's Libraxy Director, a tettex from Nms. Chrisqine Edwamd, Seeretaxy to the Libxamy Board and the minutes of the Libr~y Boamd meeting of Apmi! ~, 1975. Nm. Kohl eoneummed with theix unanimous decision to pamticipate in the County Libramy System and requested Council's appmoval to accept this ag~eement.~om the ensuing yearn. Mr. Stxnad moved to aeeept the xecon~endation of Nm. Kohl above, seconded by Mm. DeLong. No discussion. Motio~ caxxied 5-0. Considex Request of Seagate of Gulfstmeam Mr. Kohl said that Mm. Milan Novotny asked that ~'s request dated April 16, 1975 eoncerning tempoxami!y easing one o~ the restxictions applying to the sign ordinance be pxesented to Council fox considemation. Specifically, he xequested that builders be pexmitted to. maintain theix sales signs aftex they have eomp!eted construetion.~f the last building, as is pexmitted now during constmuetion, fox a pemicd until 80-9070 of all apaxtments a~e sold. These tempoxamy signs are vital for all builders in Boynton Beach according to 14m. Novotny. Mm. Kohl said if Council is desirous in giving the developers some relief in this megamd due to the economic situation, he would follow its decision. It was noted that Council would have to amend the Sign Ordinance. Council discussed the vamious mam/fications involving this request but felt the sign ordinance should be complied With even though they weme sympathetic to the situation. Mr. DeLong moved in view of the eixcumstances that the request be d~nied with regmet~ seconded by Mxs; Jackson. No discussion. Motion eaxmied 5-0 by xoll call vote requested by Mm. DeLong: Vice Mayox DeLong Aye Councilman Hammening Aye Councilwoman Jackson Aye - 1~ - MINUTES - REGULAR CITY COUNCIL MEETING MAY 67 1975 BOYNTON BEACH~ FLORIDA Councilman Strnad Mayor Roberts Request denied by 5-0 vote. Discuss Proposed Formation and Acceptance of the Florida Assoc/ation of Mayors Mr. DeLong moved to take this matter under~ consideration and if the Counei!members feel there is merit, come back with their recommendations. Mm. Hammening seconded. Under discussion. Mms. Jaekson wished to know how much it would cost and what this orq~ization could do that the P~Beach Co%mty Munieipa!League~can'~ do om the Plorida League of Cities, etc. A~ter some diseussion~ Motion camried 5-0. Request to~ Proceed with General Services Complex Mr. Kohl said at the Regulam City Council meeting of April 15, 1975 he advised Council in his Status Report that the plans for the improvements to the Genems/ Services Complex were in his office for Council's review. In the event all members have not ~eviewed the plans~ they amc still available. However, Mm. Kohl requested per- mission to proceed with the improvements to the General Services Complex. The estimated cost for this projeet~ according to the plans, is approximately $100~000 or less. Funds ame available in Revenue Shaming. It was noted that $200~000 was eammamked for this project initially. Clarifying that Mm. Kohl ~ecommended that his request be 9manted, Mm. ReLong moved that the recommendation to proceed with the General Service~ Complex' be approved. ~t~. Harmening seconded. It was noted that this mtem would go out for bi~ after the final plans were received. Motion eamried 5-0. Request for Extension of Retirement - Mm. Henry AlbemS, Building Maintenance Supervisor Mm. Kohl referred to a request fmomMm. Albems which was befome Cofmcil. Mm. Kohl highly praised the efforts of Mm. A!bers end the qualifications of he and his crew which have resulted in many savings for the City. Mr. Kohl listed the absentee reeo~d of Mm. A3_bers which was praotically nil over the yeams and said that Mm. Albemst cooperation has been outstanding. Mm. Kohl recommended Mm. AlbersT retirement date be extended for one yeam beginning June 14, 1975 to June !5, 1976 as he is one of the City's best employees. M~. Harmening moved to allow that the extension be gmented, seconded by Mr. DeLong. M~s. Jackson felt a letter of commendation should be sent to ~. A3foers in view o~ his outstanding work. Motion earried 5-0. M~. Kohl will hendle the letter of commendation. List o~Raymem~s ~fo~Januamy and Februamy~ 1975 Mms. Jackson moved to accept the payments for Januamy and February~ 1975 - !4 - MINUTES- REGULA~ CIT~ COUNCIL MEETING MAY 6, 1975 BOYNTON BEACH~ FLORIDA and have them attached to their respective files. Mr. Strnad seconded. No discussion. Motion ca,tied 5-0. Application for Permit to Solicit - De3_~ay Art League Mr. Kohl noted that si] the informati°n was before Council, including the AppJ~eation for Permit to Solicit and a letter from Mr. Otley W. Scott of-Lueille & Otley's Restaurant granting permission for the event to be held on his prop,tory. In view of. the fact that this request has been. submitted many months in advance and that Mr. Ned Seifert, President of the De!ray Art League (applicant) will be leaving for the nort~ and will not be returning until the 10th of November, he would like to know the status of:his request so he can proceed with plans from the north befoz~ his return. Mrs. Jackson moved to grant :~pp~a~a!~.~o~:~th~e above application, seconded by Mr. DeLong. No discussion. Motion carried 5-0. Approval of Bills Mr. Kohl read the following bills for approval: General G.M.C. Truek~Sales 3/4 ton 4 wheel drive for Sewer Plant Pay from budgeted funds 030-820.12 5:671.00 Southern Line Cle~g Rawwater main cleaning Pay frombudgeted funds 030-910.34 11,874.00 Hardrives~ Inc. Access road - South Teeh Educational Center Pay£rom encumbered funds 001-514 17~8~8.43 4. Rubin Construction Co. Asphaltic concrete Pay ~rom budgetedfunds 030-854.35 2i~522.63 ~Eleetric Lighting at Little League Ball Field Pay from budgeted funds 020-8!0 45,807.00 Peabody Peterson Co. Est. ~!0 ~pgradin9 Wast,water Treatment Plant Pay ~mom Atlantic NationalBank2.5 Bond Issue 35~854.55 Niebel Construction, Inc. Sidewalks - Park, South Federal Highway Pay from budgeted funds 001-854.90 1~460.00 Isiah Andrews Driver £or Senior Citizens Club - 2 weeks Pay ~rom Federal Revenue Sharing 020-800 90.00 - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA MAY 6, !975 Cynthia Lewis Assistant cook for Senior Citizens Club - 2 weeks Pay from FederalRevenue Sharing 020-800 96.00 10. Don~s Trucking Final paymenton paving Little League Field Pay from Operating Capital Improvement 021-810 ll. Russell & Axon Est. ~12 6858-4-III Upgrading existing Wastewater Treatment Facilities Pay from Atlantic National Bank 2.5 Bond Issue 3,106.81 12. Russell $ Axon Est. ~6 6858-5-III&CP Pay from Charter World Deposit Utility General Fund 1,465.98 13. Russell L AXon Est. ~6 6858-5-II Pay from Charter World Deposit Utility General Fund 1,116.45 Russell $ Axon Est. ~7 6858-6-IIILCP Engineering services far construction of wells Pay from budgeted funds 030-801.09 3,853.18 15. Russell & Axon Est. ~9 6858-15~II-CP Plans and specs for Water Facilities Expansion Pay fmom Utility General Fund Ref~mdab!e from future bond issue 22,400.00 16. Russell & Axon Est. ~6 6858-17-II&CP Plans and specs for Raw Water Main Pay from Utility General Fund Refund mble from future bond issue 1~066.39 17. Russell L AXon Est. ~4 6858-3-I Final for preparation of preliminary engineeming repor~ Expansion of Wastewater Treatment and Co!teetion Systems Pay from Utility General Fund 5,000.00 18. Russell L Axon Est. N3 6858-21-II Plans and specs for Expansionof existing transmission and distributionmains Payfrom Utility General Fund Refundable from future bond issue 60~015.22 19. ~av-Pippin Est, ~4 24,962;16 Wells ~12~ 13~ and 14 Pay fmom Utility General Fund The billsdesemibed have been appreved and verified by the department heads involved~ checked and approved for payment by the Finance Direetor~ funds are avai!~ble in their respective budgets. Mr. Kohl recommended payment of these bills. - 16 - April .~O 1975 Mr. Frank Kohl City Manager City of Boynton Beach Florida 33435 Re: Ben Johnston L-~udscaping Co., Dear Mr. Kohl: I met with Mr. J. W. Barrett, your BuiI~ Official~ yesterday and discussed the ~-se of the p_~opert Second Avenue. As you know~ the propert~is Florida Power ~nd Light and is next to ~_~=_ir distributio~ station. Apparently the City Council. au a recent ~e~in~, directe~ the Bui!~ing Official to issue a s~mons for the arrest of Mr. Johnston for the failure to obtain, a bui~din~ for the erec=lon of a radio an~uenna. Ra~-ker -t~%~n cause any additional trouble for 3o~ police d~par-~__~nt, Johnston voluntarily agreed to accept se~ice of ~e sut~_'~ons. The purpose of this letter ~s uo attempt to reach agreement which would avoid the necessit~ of kavin9 a trial over a technical violation. Mr. Johnston was in business ~oproximateLy ~o blocks fr~ this location for about eight years when he n~J~s told ~o years ago to move to another s~te. He ~o~ad to thepr~ site with the consent of th~ C~ty, con~a~ced %i~e opezation of the landscaping business and began p._~ocess~ng ~he papers necessary for a permit for *~a erection of the a~nterma. This involved a Federal Complications Commission applica- tion which took approximately four mo~th~ ~nd a county state permit and occupational license, kt tS~t tim~, Johnston informs me, he was not aware a ~ity pe__~x~i_'t was required and the t~wer was moved to tlte new location, it is only 70 feet tall and nearly obscu_~d from s~ht b-3 ~a~ny large Mr. Frsu~f~ Kohl ;~rii 30, 1975 page two trees. 2~ is my recollection that I could see three othe~ taller t~ers witi~.in the vic~ity - all of which were of a greater keight and more visible. A¢cordin.~ to the facts related to me, he ~-as ti~ten contacted by tl~e ~ai!ding Department wkich informed hi~ he needed a permit and part of ~,he requir~nt for the pem~--~it was a structural engineer study sD_owing it was structurally safe from win~ damage. This was obtained at a cost of $175.00 and an application for a pea--it was th~n sub. trod. t feel there ~s no doubt the Building Department wo~d have to agree there is no basis for the denial of a pex,~it at this time in view ~f the above facts. Admittedly, there was a technical violation originally. This co. any has done business in Boynton Beach for approximately ten years and it would seem totally unfair if t~hey were not allo'~ed :o continua to use tower equipment which originally cost approximately $10,000 a_nd which certai~ni5- is a valid appurtenant use to a landscaping company ~hick is a permitted use in C-1. It seems to me there is more involved in tl~is action than a mere technical violation and ! would lika~'-~ make the following proposal which coulc be con~_a~d at a workshop meeting: 1. The west entrap_ce will be la-~d~caped so that the entrance will be attractive and any e~uip~_ent will be concea!ad from the street by !~dscapin~. 2. They will immediately begin a general clean- up of tite area which will include moving a junked truck ~.d certain other equipment which is in a state of disrepair. This will also include the re.oval of a 1954 e=~tique auto~obi!e which seems to be tJ~.e subject of soma comptair~t. 3. They will agree no employees ~=~ ~=~ be allowed to stay on the premises after 6:00 P.M. 4. They will eli~inate the words ~heavy equipment" from any vehicles which migkt lead people to believe they are conducting a heavy equipment business. Zkey are no longer ~n the heavy equipmen~ business and ere now operating with less than ten employees. The facu that they are agree~.Jo!e to m=~ ~ ~t_..~ +~ue City more than half-way, together with ~-~= fact the-antenna has been erected for some two years ~nd ~uey have had a~n occupational Mr. Frank Kohl April Page three license at the location for ~2~e s~.e pe~_od ~ui~ seem me to constitute good reaso~ for your Cocci2 toautho~= the recent s~unt~ns to be di~-~_issed. Eventually, Florida Power a~d Light wii! ~se ~%is entire corner and I feel, if prop-c~!y landscaped, t~=s present use would be a more desirable u~e of the propert5~ r?~an any o~aer I can imagine. From past experience in mu~_~ipai affairs, i %-ou!d guess that there might~ indivi~a!~ citizens ~%ho ~tiatedt~.h!s particular complaint. If ~is is so, we wit2 be happy to · nd~-~aua~s you -m~ht ~gest~d contact any particular .... ~ ' discuss the improvements o~+_~.~ined above. I would appreciate the cou_~_~esy of the f~-rther ~Dnsideration of this proble~ by you and +_he City Council. JRA:mk cc: Building Official City Clerk City Attorney City Prosecutor City Council  Yours ver3-.~ truly, John Poss ~ MINUTES - REGULAR CITY COUNCIL MEET/NG BOYNTON BEACH, FLORIDA MAY 6: 1975 M~s. Jackson moved to pay the bills as recommended. M~. Ha~mening seconded. No discussion. Motion carried 5-0. OTHER M~. DeLong recognized a delegation from the Police Department in the audience and asked that they state their business. M~. Robert Farrell~ Patrolman with the Boynton Beach Police Department and member of the Board of Directors of the Palm Beach County Chapter of the Police Benevolent Assoeiation requested recognition of the Police Benevolent Association as a collective bargaining agent for the police offieems of the Boynton Beach foree, representative of the majority of the officers in the department. Mr. Kohl said the City would not he in order to recognize this and said he spoke to Mr. Parrell over the weekend, He was unaware that they were going to be present tonight. Mr. Kohl said he forwerded a letter he received from Mr. Parrell and his associates to the City Attorney and._in the meantime PERC-was instituted through the State Legislature and they have instructed the City accord/rig to the plans they have to abide by. As of now, Mr. Kohl does not have the certification or registration, and this is up to the City Manager which is the way it should be done. It was clarified that the certification and registration must come from the State from Council decided it would be out of order to discuss this matter further and the City Manager would handle it. ADJOURNMENT Mrs. Jackson moved to adjourn, seconded by Mr. Harmening. Motion carried 5-0. Meeting adjourned at 10:G6 P.M. CITY OF BOYNTON BEACH, FLORIDA ATTEST: City Clerk - 17 - By C/ C - Mayor ciiman Court--an