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Minutes 03-19-74MIk~dTES OF REGUlaR CITY COUNCIL ~ETING OF THE CITY OF BOYNTC~ BEACH, FLORIDA, HELD AT CITY H~L, T~ESDAY, ~L~RCH 19, 1974. PRESENT Joe DeLong~ Mayor David Roberts, Vice Mayor Edward F. Harmening~ Councilman Normau p. Strnad, Councilmen ~BSENT Forrest L. Waliace: Councilman Frank Kohl, City Manager Ernest Simon, City Attorney Tereesa Padgett, City Clerk Mayor DeLong called the meeting to order at 7:55 P.M. He asked the audience to rise for the invocation given by Father Donald Connolly, St. Thomas More Parish~ followed by the Pledge of B]]egiance led by the Building Official~ Jac/i Barrett. Announcements Mayor DeLong announced that there would be a joint ~eting to discuss the wastewater treatmen~ plant between the Delray Beach and Boynton Beach City Councils on Tuesday, March 26, 1974 at 7:00 P.M. in Detray Beach City Hall. There will also be a meeting regarding beach restoration in County Commission chambers, Room 101~ Courthouse, West Palm Beach on March ~5~ 1974 at 10:00 A.M. Vice Mayor Roberts, Councilman Strnad and Mayor DeLong plan to attend. Mayor DeLong announced that free movies would be shown at City Hall on Thursday, March 28, 1974 at 7:50 P.M. in the Boynton Beach City Hall Council Chambers. The movies are educational family entertainment showing the effect of City planning and zoning on the water supp!y~ sewer and environment and are sponsored by the Planning g Zoning Board. Ma.vor DeLong said that he and Councilman Strnad attended the Pollution Control and Area Planning Board meeting on the afternoon of March 6~ 1974. Vice Mayor Roberts could not be present. .~21so present were Mr. Paul Startzman~ liaison between the City's consulting engineers and Delray Beach ~nd ~i~. John X]~nck o£ Russell & A×on~ consulting engineers. From the audience~ Mr. ~homas Canavan asked in regard to the joint meeting between Delray and Boynton Beach, i~ consideration had been q~ven to the appointment o£ someone to the committee on the sewer authority yet. Mayor DeLong advised that it hasn't been agreed upon whether it would be contractual or an authority. Mr. Canavan was concerned about the April 15th deadline and he was advised that Council was working on this. Before making ~his presentation to ~liss Boynton Beach 1974~ Mayor DeLong asked that the following be made a matter of Public record. He sa~d.' o - l- MIIfdTES OF REGULAR CITY COUNCIL MEETING 0P THE C/TY OF BOYNTON BEACH, FLOR/DA~ HELD AT CITY H~L~ TUESDAY, M~RCH 19~ 1974. ~In ~c?n3~unction with-the Miss Boynton Beach Pageant, the ~Chs/r will take this opportunity to publicly thank the following: First and foremost, the i7 human dynamos who comprise the Boynton Beach Jr. Women:s Club for the honor, pmestig~and good public relations they bring to our City, not only by the annual Miss Boynton Beae~. Pageant proje.~: but also for their other diverslfied civic activities conducted through- o_ut the entire year..Keep ~ the good work~ gals. 't'ne only word I can f~nd to ~escribe your acc6mplish- ments is terrific~ City Man,er, Prank Kohi, fo~ the splendid transportation .arr~ge~ents he planned ~or the reception comm/ttee who ]ou~eyed to the Palm Beach -'Airport to greet F~ss F. lori~a upon her arrival, including the .e.s¢ort se~iee during t~ trip by Patrolms~ Tompk/ns snd =ne members o£ the Sheriff's Department who conducted the airport arrangements~ Councilman St-nand, who assisted me in greeting Miss Florida (tough duty) upon az~riva! and also ~or driving the reception car to and from the airport~ City Manager's secretary, Mrs. Tinker, for the splendid diuner arrangements and the schedule of festivities she pz~epared~ Vice Mayor Roberts~ Councilman W~l!ace and Couneilmm~u Hammen/ng for their k/nd cooperation and support~ and last but not least the members of the press for the publicity received. ~ Miss Boynton Beach 1974, MarilynJune Virginia Manning~ came up to speak, followed by the presentation of a bouquet of.roses and good wishes to her by Mayor DeLongo Mrs. Judy Sisko, President of the Boynton Beach Jr. Women's Club thanked M~yom DeLong and Council for all the support received during the Pageant and for the kindness sho%~ to the special guest, Miss Florida 1975. M/~TES ~egular Meeting - March 5~ 1974 IMmo Roberts referred to page 15~ second paragraph from the bottom~ line 11~ the word ~dissem/nated~ should be changed to~ecimated~o Mayor DeLong refermed to page 4~ the last few words in the last line of paragraph 4~ should be ~o.. granting of the abandonment of the easement.~ On page 9, Mayor DeLong said paragraph ~, line D should read ~.o. accept a motion ~anting authority to oroeeed to float a revenue certificate issue in the amount o~ $2~50~000.~, This was the reason ~hy he said it would not be an ordinary motion. - 2- MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CiTY HALL, TUESDAYs MARCH 19~ 1974. Harmening moved to accept the Minutes of March 5, 197~ as eor~ected~ seoonded by Mr. Roberts. No discussion° Motion carried Wallace was absent). ~pecial Meeting - March 119 1974 Mr. Roberts moved to accept as presented the Minutes of the Special Meeting of March ll~ 1974: seconded by lvir. Strnad. No discussion. Motion carried 5-0. F~. Harmening abstained as he wasn't present at the Special Meeting. Mr. Wallace s3~o was not present° PLtBLIC AIDIENCE Mayor DeLong asked those who wished to speak on items on the agenda to come forward and give their names to the City Clerk who would call them at the appropriate time. He said after the item is spoken on by the public and it is put to the governing body in the form of a motion~ the discussion will op~y be contained among the members of Council. Ail others were then invited up to speak. Mr. R. Bo Vastine, P~esident of the United Boynton Civic Leaque~ referred to the action taken at th~last Council meeting in regard to the widening of Seacrest Boulevard. He said there was unanimous support by the Board of Directors in the form of a motion in the Hnited Boynton Civic League, complimenting the Council for this action and dimecting the presiding officer to communicate with the County Commissioners in suppor~ of this project. The group ~shed to thank Council for its farsighted planning of this project and pledged its support. Mr. Joe Kelly of the Planning & Zonin~ Board spoke on behalf of Mr. Kostner, Chairm~n. He thanked the City's management for preparing the flyers regarding the free movies sr~nounced earlier and asked that they be displayed wherever possible° Mr~ F. C. VanDeusen~ 227 NoE. 22nd Avenue, thard<ed the Council for the traffic light in his area which had been installed after m~ny requests. Mr. Harry LeFort, 215~ N.E. 1st Way~ thap/<ed former Mayor Emily Jackson and City Manager~ Frauk Kohl for their untiring efforts in obtaining the traffic light for Village Royale. Mr. I. C~ Smith~ attorney in West Palm Beach with residence in Delray Beach, came fo~ard to speak on behalf of his client, Mro Leonard Smith. He noted that he had appeared before Council some time ago in regard to the Resolution abandoning certain streets off Seacrest Boulevard between 6th and 8th Avenues. At that time~ Mr. Smith was interested in putting up certain building complexes. He worked in conjunction with the City and the Building Department and received federal finencial assistance over the past three years to get this project under way. The problem now is in getting a building permit MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD kT CI~f HALL, TUESDAY, MARCH 19~ 1974. because 0f the sewer moratorium. MB. Smith asked what relief could be given to bis client in light of recent developments wherein the Department of Pollution Control lifted the moratorium somewhat in West Palm Beach because of good faith compliance. Mayor DeLong noted that in addition to the State moratorium, Boynton has a problem at its own sewer plant. M~. Kohl said he had planned to check into the situation further to see how recent developments a~fected Boynton Beach~ but he cou/d not offer Fir. Smith any hope. After further discussion du~ing which Mayor DeLong noted Council's approvel of Mr. Smith's project: Mr. Leonard Smith came forward and said that he had met all the necessary .requirements prior to Novem- ber 28th and he questioned the approval that had been given to other developers. Mayor DeLong noted that no one could be given permis- sion to hook into the City's sewers because of the moratorium placed on it by the Health Department due tothe problem at its plant, which must be cleared up. It was clarified that the only permits being granted were to those who ~ent to the County for permission to use a septic tank providing ability to hook into the sewer lines could be established if they are installed where the property is located, within a specific period of time (2 years). A~er further discussion, it was decided that Mr. Smith and his client would go to Mr. Kohl's office the folio%wing day and he would see what he could do as far as the Palm Beach County Health Department is concerned and advise them accordinuly. BIDS One (1) 85 KW Portable Standby Emergency Power System Mr. Kohl referred to his letter for the agenda and the tabulation sh%et before Council. He said the Tabulation Committee recommends acceptance of Model Onan 85 ]CR-15R for the iow bid of Broward Electric Supply Company in the amount of $8,990.00. Punds are available in account No. 6220-514-29, Sewer Plsnt Expansion. Ail requirements, such as request for bids ~ advertising and signed a~fidavit have been complied with and Mr. Kob_l concurred with the recommendation of the Tabulation Committee. t~. Kohl said the other bids received were from Grayba~ Electric, W. P~lm Beach in the amount of $9,010.00 and Service Industrial Supply~ W. Palm Beach in the amount of $9,497.00. Mr. Harmening moved to accept the City Manager's reco~n~nendation and award the bid to Broward Electric Supply Company in the amount of $8,990.00, seconded by ~. Roberts. No d~s cussion. Motion carried - 4- Icfr~JTES OF REGULAR CITY COU~CIL ~ETING OF THE CITY OF BOYNTON BEACH~ FLOR~DA~ HELD AT CITY HALL~ TUESDP3~ MARCH 19~ 1974. Furnishings for New Public Library M~o Kohl referred to his letter for the agenda and the tabulation sheet before Council regarding shelving and miscellaneous furniture for the library and recommended awards in the total amount of $33~559:74: shelving - Estey Corporation $20,190.00; library equip- ment ar~ furniture - Newton Seating Company $8,196.59~ miscellaneous furniture - Newton Seating Company - $5~175o15. Funds for the above are available in Capital Improvement, ~/lrequire- m~nts: such as request for bids~ advertising and signed affidavits have been complied with and Mr. Kohl concurred with the recommendation of the Tabulation Committee. Mr. Kohl then read a letter he had just received from Contract ~V in P~midated March 15, 1974. The letter claimed that Contract IV's bid of Reflector Shelving in the amount of $18,805.00 would provide the products necessary at a savings to the City over thenext closest bidder. k~ter reading the letter: F~. Kohl ~aid he had received ~]] information from Mrs. Farace, the Library Director and Purchasing Agent~ Bill Sullivan and the bids were recommended on this basis. Mr~ Sullivan referred to the information before Council and nc~ad that he and Mrs. Par~ce contacted the ~niversity of North Florida in Jacksonville~ who had installed the Reflector shelving in their library and seemed satisfied. However, the University of Miami Medical Library was not pleased ~ith the Reflector shelving units and the U~iversity of Illinois Pur~%asing Depaz.h~mnt chose the Estey shelving over the Reflector because the Estey uDits were superior in quality and £inish~ After Mr. Sullivan gave £ur~her reasons for choosing the Estey shelving, Mayor DeLong asked if this matter should be reviewed in that Contract IV~s bid was lower on the Reflector shelving. Mr. Kohl ssid he has gone over ~11 the reasons for choosing Estey v~th the Library Director and Purchasing Agent. He felt the matter had been looked into thoroughly and that the bids should be awarded according to his recommendation. Mr. Harmening moved to accept the City Manager's recommendation and award the bid to Estey Corporation for shelving in the amount of $20,190.00~ Library equipment and furniture to Newton Seating Company in the amount of $8~196,59 ~ud miscellaneous furniture to Newton Seating Company in the amount of $5~17~.15 for a total amount o£ $~3,559~74. Mr. Strnad seconded. Under discussion, Mayor DeLonu said the record should reflect that the library project was estimated to be $300~000 but ~urnishings were not taken into consideration or included in that amount -- that was just for construction. The contract bid was $~80,000 and with this additional amount~ it will MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOhqTfON BEACH, FLORIDA, HELD ~ CITY HALL, THESDAY~ MBRCH 19, 1974. bring it up to $313,559.74 or $13,559.74 as an overage, and funds are available. Motion ca~ried 4-0. Front End Loader (4-Wheel Drive) Mro Kohl refer~ed to his letter for the agenda and the Tabulation Sheet before Council~ He agreed with the Committee's recommendation for the acceptance of low bid from Beeline Equipment, In~, in the smount of $5~886.O0. Funds sme available in account No~ 6130-514.07. Al!requirements, such as request for bids, advertising and signed affidavit have been complied with. He then read the other bids as follows: DeWind Machine Co. - no bid~ Engineering Machine - $6~666.00~ Kelly Tractor - no bid~ Trail Pord Tractor - $5,922.00 (Alternate proposal $6,384°00). Mr. Harmening m~ed to accept the City Ms~uager~s reco~mendation, and award the bid to Beeline Equipment~ Inc. in the amount of $5~886.00, seconded by Mr. Strnad. Nc discussion. Motion carried 4-0. 1-95 Utilities Relocation at N.W. 2nd Avenue (5rd Sec.) Mr. Kohl read his letter for the agenda as follows: ~At the March 8, 1974 Department of Transportmtion pre-con- struction conference the relocation of the City Utilities was highlighted as one of the major points of concern° D.O.T~ was told that every effort would be made to have a contract awarded at the March 19~ 1974 meeting of the City Council° D.O.T. is aware of the ambiguities in the bidding. They were informed by the City Engineering Department that Inman would receive the contract award pending legal agreement by the City Attorney. Mr. Austin of D.O.T. said that should Inmannot be chosen a resubmittslfor approvalwould have to be made to Tattahassee. Attached hereto please find a letter from Mr. John Klinck and a letter addressed to the City D~torney from Mr. John E~ Inman of Inman~ Inc. explaining the discrepancies° Also attached is a letter sent to our Ci~Attorney by Mr. Bill Sullivan aslcing for his legal opinion. In view of the urgency of this project~ I recommend that Inman, Inc. be awarded the contract to ~elocate the !-95 utilities in Section 93220-6414.~ Mr~ Kohl said he received a letter from Russell & ~xon just as the meeting star~ed tonight which he then read° The letter was dated March !9~ 1974 and was signed by Mm. John H. Klinck, P.E. Area Engineer and recommended award of this contract to Inman, Inc. in the amount of $277~650.00 and 175 calendar days. It read as follows: - 6 - MI~dTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ F~ORIDA~ MELD AT CITY HALL, TUESDAY, MA~CH 199 1974. ~As you are aware, bids were received on subjeC~ .project for the thimd and last section of I~95 ~tility P~toaations in the vicinity of NW 2nd Ave. on January 8, !974: at the o~fice .of your Purchasing A~ent, The apparent low bidder ~as~ !nman~ Ina: ~ 1305 NE 23rd Ave., Pomp~uO Beach~ Flo~ida~ with a To, al bud of $277~650.00 and.speci~ng 17'5 c~endar d~ys for completion. ~pon exsn~natio~ th~ bid proved to ba mathematically correct. Certain discrepancies were noted in the bid proposal sheet BP-4 of the appament second low biddem~ .Big Pou~ ~Onst~uc- tion Company, as later described in our letter to you dated March 8~ ~7~$ and in conference has been labeled an ~e~or~~ tkus rendering their bid irregular and unbaianeed~ and therefore deemed informal under the provision of IPB-2~ Para~ 3. In ou~ opinion~ Big Four's bid error does not entitle them to become low bidder. This circumst~ce was' the substance of our March 8 !ette~ to you, which requested the City Attorney'S opinion on the matter. The package of bid documents was submitted to the Florida DOT on January 2~, 1974, for their review and approval and such approval was received under date of February 27: 1974 along with DOT~s change order No. 1 acceptin~ the in- crease of $113,078.00 for a total of $277~650.00, and authorizing the work to proceed at that contract price. We are therefore recommendin~ award of this contract to Ir~man~ Inc. in the amount of $277,650.00 and 175 calendar days. ~ Mayor DeLong asked ~. Simon to check this o~t .and .Mr. Simon said he had received a copy and he concurred with~i~~. Klznck had written in this letter. Mm. Harmening moved to accept the consulting engineers~ and City Attorney's and City Manager's recommendation that Inman~ Inc. be awarded the eontmaet to relocate the 1-95 utilities in Section 93220-6414~ in the amount of $277,650~00. Mayor DeLong requested that it be included in the motion that the reco~nendation of the consulting engineers be spread upon the minutes ~ okayed by Mr. Harmening. Mr. Roberts seconded. Under discussion, Mr. Harmening noted that the City is getting a lot of its money tied up and he asked how long it would be before the Department of Transportation reimburses the amount put out. After some discussion~ it was determined that the City could do nothing but follow through strongly to assure that the City's money is re- turned. Mr. Roberts agreed. Motion carried 4-0. M/N~TES OF REGULAR CiTY COUNCIL ~ETING OF THE CITY OF BOYNTON BEACH~ PLORIDA~ HELD AT CITY HALL~ TUESDAY, MARCH 19~ 1974. Consider Change in Bid Award - Fire Departmen~ Dmfoulance Mr. Kohl read his letter for the agenda in which he stated that on December !8, 1973 the City Council awarded the bid for the Fire Department ambulance to Custom Ambulance of North Palm Beach in the amount o£ $159620.00, However~ since that time it has been learned that this ambulance ~i!i not meet the Federal Emergency Medical Services Standards of January 1~ 1976. The ambulance which the City prefers to purchase and whi~_h will meet alt the requirements will cost $15,478.O0 and is available through the same company~ Custom Ambulance of North Palm Beach. He added that in view of the fa~ that this is less than the original award~ the City would like to purchase the ~otiowing optional equipment: i Feir~ield Cardioscope $i: 550.00 t ~ Skin Resistance Meter 1S5.00 1 ~ ECG Simulator 125.00 1 ~ Cardiac Electrode Kit 129.00 Total cost for the optional equipment is $1~,759.00 for a total cost of the ambulance in the amount of $15,237.00, which is tess than the original bid award. Delivery of this ambulance would be within sixty days. ~, Kohl asked for legal opinion from the City Attorney as to whether or not this change can be made in order to meet the design criteria~ or wo~ld the item have to be re-bid. Mr. Simon said there is a provision in the Charter regarding equipment purchases of over $1,000 which requires re-advertising for bids, there£ore, the City would have to go out on the whole thing. kfter £urther discussion~ Mr. Roberts moved to reconsider the bid as awarded to Custom ~abulsnce of Nort~h Paim Beach £or this piece of equipment~ seconded by Mr. Harmening. NO discussion. Motion ca. tied 4-0. Mr. Harmening then moved to re-bid this item, including the ambulance and optional equipment noted above, seconded by Mr. Roberts. No discussion. M~ion carried 4-0. P~BLIC HEARING None. LEGAL Ordinances - 2nd Reading Ordinance No. 74-7 - Re: Revising Fire Districts Mr° Simon read Ordinance No. 74-7 on second reading by caption only -- An Ordinance of the City o£ Boynton Beaeh, Florida, Revising the Two Fire Districts o£ Said City by Deleting Subsection 5-1ol ~ ~'Gaueral~ of Section 5-2 of Chapter 5 and by Adding Section 12-18 to Chapter 12 of the Codified Ordinances o~ Said City, etc. MINUTES OP REGULD~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA~ P£LD AT CITY HALL, TUESDAY, ~I~tRCH I9~ 1974. Mayor DeLong asked if anyone in the audience wished to speak in favor of or against this ordinance. No reply. Mr. Roberts moved for the adoption of Ordinance No. reading~ seconded by Mr. Harmening. No discussion. conducted the roll call vote as follows: Councilman Harmenin9 Aye Councilman Strnad Aye Vice Mayor Roberts - Aye Mayor DeLong Aye 74-7 on second Mrs. Padgett Motion ca~ied 4-0. O~dinances - 1st Reading Proposed Ordinance No. 74-9 - Re: Annexation of St. Andrews Mr. Simon read Ordinance Noo 74-9 in its entirety -- An Ordinance of the City o~ Boynton Beach, Florida, Extending the Municipal Territorial Limits of Said Municipality by the Annexation of a Certain %lnincorpora- ted Tract of Land Containing Less than Ten Registered Voters Lying Contiguous Thereto and within Palm Beach County~ Florida, to wit: A Parcel of Land in Lot il, Benson Brothers Subdivision, More Partieu- !ar!y Described Hereinafter; Redefining the Boundaries of Said City to Include Said Land~ etco Mr. Harmening moved for the adoption of Ordinance No. 74-9 on first reading~ seconded by M~. Strnado No discussion~ Mrs. Padgett conducted the roll call vote as follows: Councilman Harmening Vice Mayor Roberts Councilman Strnad Mayor DeLong Motion carried 4-0. A~e Aye Aye Aye Proposed Ordinance - Re: Establishing Procedures for Annexation Mr. Kohl said the City Attorney had asked that this item be tabled until the next agenda. Mr. Roberts moved to table this item, seconded by M~. Harme~ing. No discussion° Motion carried 4-0. Resolutions Resolution No. 74-K - Re: Correction on Legal Description in Resolu- tion No. 74-G Simon read Resolution No. 74-K - A Resolution of the City Council MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, MELD AT CITY HkLL, T~ESDAY, ~MJLRCH 19 ~ 1974o of the City of Boynton Beach~ Florida~ to Correct a Scrivener~s Error in Resolution NOo 74-G. Mr. Harmening moved for the adoption of Resolution No. 74-K~ seconded by Mr. Roberts. No discussion. Mrs. Padgett conducted the roll call vote as follows: Councilman Harmening Vice Mayor Roberts Councilm~u Stoned Mayor DeLong Aye Aye Aye Aye Motion carried 4-0. Other Emergency Ordinance No. 74~10 - Re: Purchases o£ Less than $50,000 ~. Simon read Emergency Ordinance No. 74-10 in its entirety -- Emergency O~dinance of the Oi~y of Boynton Beach~ Florida, Bmending Section 64 of ~ticle IV of the Municipal Charter of Said City as Authorized under Chapter 166 of the Florida. Statutes Entitled ~Munieipal Home P~mte Pov~er Act~ Authorizing the City Council by a4/5 Vote of All Members to Declare the Existence of &u Emergency and to Dispense with Certain Requirements set foz~ch in Said Section 64 as to the Purchasing o~ Supplies~ Materiats~ Equipment and other DJ~t±eles IMed by an Office, Depamtment~ or Agency of Said City Involving~ounts of Less than $50~000, etc. Mr. Roberts asked if a correction was made in the reading of $90~000 to $1~000 and Mr. Simon said yes. P~. Roberts asked in regard to dispensing with bidding on emergencies -- the ordinance says .~. to secure the most advantageous purchase for the City ..o whieh would be at the discretion of the City Manager with the approval of the City Council. He said it would be pretty %-gelltied upo b~. Simon said the Purchasing Agent is authorized by the !anguaqe in the ordinance to negotiate~ and then with an expression by the City Manager~ even prior to the submission to City Council. Mr. Stz~aad moved to adopt Emergency Ordinance No. 74-10, seconded by Mr. Roberts for discussion purposes. Mr. Robe~cs said he is not hesitant since the City has had an emergency and he is well awa~e that the City could wind up with some serious problems if hands were tied and equipment could no~ be purchased. He felt the Co~ncit and City Manager both or at least .with the consent of the Council, any problems could be handled. He felt it was perhaps not necessary to write in any method used 'by the City Manager, however, if the City Manager could perhaps be tied dov~ to taking bids -- even over the phone and havinff them confirmed later on, or some such method~ it might be desirable~ He asked if Mr. Simon felt this Or~linance was broad enough and Mr. Simon said yes -- an emergency would have to be declared by a 4/5 vote~ after which snother ~/5 vote would be required to instruct the City Manager accordingly° The lan~age is already in the Charter, stating regulations as the City Council may from time to l0 MINUTES OF REGULD~ CITY CouNCIL }~ET//~G OF THE CITY OF BOYNTON BEACH, FLORIDA~ HELD AT CITY ~RALL~ TUESDAY~ M~%RCH ~_9~ 1974. C time presc?ibe. Conceivably, if there is an emergency, the City Manager can be instructed to follow whatever Council %~ishes to pre- scribe at that time~ depending on the circumstances. M~s, Padgett conducted a roll call vote as follows: Councilmsn Harmening Vice Mayor Roberts Councilman Strnad Mayor DeLong Aye Aye Aye Aye Motion carried 4-0° Legal Opinion - Re: Assessment for Sanitary Sewers - N.E. 7th Avenue Mr. Simon said he reviewed this matter with M~. Kohl. He said it was his understanding that in pe~thistory, these extensions have always been paid for by the City with contemplated reimbursement to the City whenever they were tapped into or hooked onto. The assessment procedure, while being inconsistent with the past~ is still supportable by the law and by the Charter. It's ~ matter of what City Council de- sires as to what course it wishes to pursue. Custom has dictated one thing~ but Council is supportable by law. It can go either way. Mro Kohl said he has researched this with the assessment. He felt the City should get some possible. After some further discussion, Mr. City Attorney submit his opinion in 9~iting. Attorney to go out for of its money back if Kohl requested that the Mr. Roberts moved to follow through with the reco~nandation to proceed to go out on assessments for sanitary sewers on N.E. 7th Avenue~ predicated upon the opinion of the City Attorney and the City Manager, seconded by [Mr. Harmening. ~nderdiscussion~ Mr. Harmening said he was under the impression that this particular piece was already sub- ject to front foot assessment. Mr. Kohl said this was talked about~ but it was never done. Motion carried 4-0. Mr. Kohl said this was in line with Change Orders No. 5 and 4 to Lauderdale Contracting Corp. After some discussion~ it was decided to take this matter up · n the order of the agenda under OLD B~SINESS. OLD B~SINESS Complete Appointmants to Boards and Committees (TABLED) It was no,ed that a journeyman or a layman was needed for the Plumbing Board, although the Board can still function as is. Mr. Barrett said he had recommer~ed ~. ~ke McLaugh!in~ but he was a Master P~umber. Mr. ~armening said he would try to ~ind someone and the item was left on the table. - It - ~iINUTES OF REGULAR CITY COUNCIL P~ETING OF THE CITY OF BOYNTON BEACH, PLORIDA~ HELD AT CITY H.~T.,L~ TUESDAY, MARCH 19, 1974. Costs for Paving & Drainage - N.E. 7th Street (Tabled) Fir. Kohl said the Cit7 has to con~ up with $55,000 on this and he requested that the above item be left on the table. Saoitary Sewer Replacement - E. Ocean Avenue Between Seacrest Blvd. and N.E. !st Street (TABLED) Mr. Kohl~eques,ted ths~this item also remain on the table because R&A is still negotiating with Lauderdale. Change 0z~ers No. 3 end 4 (Lauderdale Contracting Corp.) - Sanitary Sewer ExtenSions, N.E. 7th Avenue .. Fir. Kohl said Council had previously requested him to negotiate with Lauderda!e Contracting Corp. about this mat~cer and Mr. Harmening was also to talk to Russell & Axon which was done. Regarding change o~der No~ 3 for the sewer extension on N.E. 7th Avenue to be assessed to owners that benefit and change order No. 4 as described by John Klinek on request -- justification for change sheet of change order No. 3 -- C~hange order No. 5 is in the amount of $119920.15 and is to be added to the total cont-~act price under HUD 6858-8m for a total adjusted contract price to date of $13264,280°50. Chanqe order Noo 4 for System 1Ba~ System lB, Ma/n lB, Force Main lB in the sum of $7~002.65 is to be added to the total contract p~ice, making the to, al adjusted contract price to date of $1,271~28~.!5. Mr. Kohl asked for Counc/l~s appr~l ~o go out and get t~]s done. Mayor DeLong requested that Mr. Kohl put all similar types of ln~ormation on a separate sheet in the future ro avoid con~usion. F~. Harmon!rig m~¢ed to approve the City Menager's recommendation on Change orders NO. 5: and~i4 re Lauderdale Contracting Corp. in the amounts of $1!~920~5 and $7~002.65 respeC¢ive!y, Mr. Strned seconded. No discussion. Motion carried 4-0. NEW BUSINESS None. BIR~INISTRATIVE Building Permit - Mr. Preiditahh Mr. Kohl reed his memo addressed to Mr. Jack Barrett~ Building dated Maroh 19~ 1974 as follows: ~'This is in peference to your memo of March 5, 1974 regarding Mr. t>reidits~h: I have read the minutes of the Spec/al Meet/~g of February 27~ - 12 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CI1~f OF BOYN~N BEACH~ FLORIDA, MELD AT CITY HALL~ TUESDAY~ MARCH 19~ 1974. C 1975 in which the Council approved the Building Permit and Site Plan .for Mr. Pmeidi~uh ~d since you state: 'that the first building permit wa~ issued September 21, 1972 and completed ~Lay 5, 1975, an~d Mr. Preidi~sch is now mak/ng an application for a Building Permit for the second building,~ I would tb/nk that inasmuch as ten (10) month,-has elapsed since the completion of the first building, that this is not a ' continuing project'. In my opinion Council's perm/ssion for this as a continu- ing pmojeet~ me,ut ~continuing with the building, one after the other', because at this rate we could still continue with the old density on a period of four (4) years. I understand that Mm. Preidit~d~ has a septic tank permit for the second building and if Council approved this as a 'continuing project', then a building permit couiid be issued regardless of tI%e existing sewer moratorium.~ Fro. LOUIs Preidits~h, 800 Canary Walk, Gulfstream~ noted that the letter just read referred to continuous operation. He said if the City Council would continue with the approval given to Mr. Preiditsch in February, 197R and the City ~ianager would put on a one-year completion date for the balance of this project, he would be w~ling to go along With that. If this project was not completed within one year, he would take his losses. Under the approval given earlier, there was no date specified. It wasn't the ~aet that he was not going to build~ it was just that he was tied up. He expta/ned that his project was no~ a condominium: but a rental unit and therefore the increased costs ~ interest, etc. could not be passed on to the purchaser. Mr. Preiditsch explained that he was trying to keep rents d~aq and his. tenants were all under 50 years old. He asked for Council's con- sideration in being permitted to continue with the building of these units $ Mr. Preidi~d~ recapped the many delays he has experienced since December~ 1971 and said if Council will consider the fact that he Will put a date on completion of one year from the issuance of this one permit, he will complete or not complete the balance of this project. After some discussion in which Mr. asked for a yeam~s limit to complete approval from the Health Department f cussion about the density in the ares item so it could be investigated fuzee speaking~[th ~. Preiditsehyesterdap earlier, he put this item on the ag~n Harmening seconded. No dqscussion. Barrett clarified that Mr. Preid/~ ~1 buildings and that he has or a septic tank and other dis- ~ Mr. Roberts moved to table this ~er. Mr. Kohl explained that a~ter and in view of the letter read ~a at the last minute. Mr. ~otion carried 4-0. 15 MINUTES OF REGULAR CITY COUNCIL MEETING'OF THE CITY OF BOYNTON BEACH: FLORIDA: HELD AT CIT~ HALL, TUESDAY, MARCH 19~ 1974. Request for Sidewmlks - Leisureville Mr. Kohl read a letter addressed to Council dated March 12, 1974 from Mr. William L. Scholz~ President of the Leisureville Condominium Apartment Association~ requesting a concrete sidewalk on the north side of Ocean Drive between Lek~ Terrace and Congress Avenue ~ with a Parking area between the sidewa/k and existing road to provide extra paz~cing for the Leisureville golfers. Mayor DeLong noted that the group was going to go shead initially with the blacktop sidewalk in lieu of a co~crete sidewalk es there was too much delay in ~vaiting for the concrete. Upon reconsideration, the situation has changed again. Mayor DeLong ssid certsin statements in the letter needed clarification regarding the proposed sidewslk on the south side and if this is in the recorded plat, the developer will put it in. However, the City doesn,t have a sidewalk ordinance at the present time. Mr. Barret~ advised that this is a dedicated street to the City of Boynton Beach and the property that fronts it on which a sidewalk is requested is not owned by Boynton West as the letter states, but by W. T. Lassiter. Since there is no sidewalk' oz~inance, the City can only request the owner to build a sidewalk. Mayor DeLong felt that it should be left to the City Manager to request the owners of the property tO comply with the request of the residents of Leisur~ville. Mr. Simon Ryder, 2579 S.W. 15th Avenue, resident of Leisureville, felt ~here was a definite need for this sidewalkwhichwould permit pedestri- an access for the residents to.the Leisureville shopping ~enter 9~thout going out on the roadway and that it was time to adopt a sidewalk ordinanee in the City due to its ~owing trend. He felt that by requesting the owner to provide a sidewalk, the City wouldn't get very fa~. If there is a sidewalk ordinance and the p~operty owner is ordered to put in a sidewalk and doesn't do it, the City do~s it on contract and assesses the property owner. He felt that a sidewalk should be required wherever new homes are built as well as in well frequented areas in the interest of public safety. Mayor DeLong agreed that it was time for a sidewalk ordinance~ however, he elt mt should pertamn only t? newly developed pro3ects. He felt it would he impractical to make it retroactive and Mr. Ryder said it should be on the hooks~so that even though a home was built some time ago, the City would have power to proelsim an area in violation of public safety and order a sidewalk built. Mr. Roberts asked what the top organization was in Leisureville and Mr. Ryder pointed out that the letter read tonight was from the Leisureville Condominium Apartment Association~ however, there is also a Leisureville Homeowners Asso~.iation. He said the apartment owners were nearer to the area in question, but the sidewalk was necessary for all the residents. ~ir. Ryder said he l~ked to feel that the Board of Directors of the Leisureville Association represented all the residents and not - 14 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, MARCH 19, 1974. just the apartment dwellers. He said the prime organization is the Leisureville Con~nunity Association and the Board of Directors do represent the entire development. Mayor DeLong said the Council was here to serve everyone and he felt the C~ty Attorney should make a search insofar as what type of a side- walk ordinance would be most suitable and cause the least amount of problems. Mr. Simon asked for some guidance as to whether it was for the purpose of asseSsment ?n_d after some general discussion~ Council advised that it would be mainly ~or the new areas to be developed. Fir. Ryder said that traditional_ly~ the homeowner is made responsible for a sidew ~a~[~? one of the rea~ns is that it saves the municipality the c.ost of building and maintain%ng it. Another reason would he that the City woutdn~t incur responsibility for injury by the people using the sidewalk -- therefore, the sidewslk does not legally belong to the City 4 Mayor DeLong said wherever the City inst~]Is sidewalks insofar as pub- lie property is concerned where the City has the right of way on the street abutting private property, the owner is always assessed for the insta!lation~ He added that the City Attorney would make a search and come up with something appropriate. Mro Roberts said it would seem to him that when there is a new develop- ment and there is a dedicated street~ it is usus] ]y paved only to the width of 24 feet end usually the right of way is a minimum of 50 feet° He felt there was a lot of latitude or space in there for sidewalks~ If there couldn't be a sidewalk on both sides o~ the street, there should be at least one for the safety of pedestrians. A~ter some further comment~ it was decided that the matter would be left in the hands of the City Attorney. Consider Replacement of Packer ~9 Mr. Kohl noted that there was a fire in Packer ~9 which was previously appraised at only $2~000 -- therefore, it was not a great loss due to its poor condition beforehand. He said after it burned up, he had to act fast to get a new front end packer. After much phone calling, he obtained one from P~ich Motors for the quoted price of $38,593.00 end asked that the Council approve purchase of this item. The funds are coming out of the Emergency Insurance Progra~which has been in exis- tence ~or several years and there is au amount of approximately $55,000 in that fund. Mr. Roberts asked if this came under the Emergency Ordinanee just adopted and Mayor DeLong said yes. Mr. Simon said a precedent is being set and that before approval is granted: Council should declare - 15 bLIN~TES OF REG~ILAR CITY CO~NCiL MEETING OF THE CITY OF BOYNTON BEACH, FLOP~uDA, MELD AT CITY HALL, TUESDAY, MARCH 19~ i974. that an emergency exists° M~. Kohl ssid he called each member of Count7 last week reqarding the burT~ng up of Packer ~9. He added that the City baa fon~ front end loader packers, each of which is used evez~ single day, 8-12 hours Der day~ picking up trash throughout the Cit~. If one pa~r is not wo~l~ing,' ~ h~xlship is caused. Therefore~ ~iv~ Kohl seid after Packer ~ burned up, he had to act quickly and find a replacement sometime ~in the State of Florida. He said he foun~ three pieces o~ equi~t ~n~: had to ~e~ spe?ifications, p~ice z~n~ a~xt money hndget~. ~. Kohl said he acted in an emergency due to the health ~ welfare of the citizens of Boynton Beach. tt was clarified that ~ Kohl eontaetad ~our suppliers in accordance with t/%e ordinance and D~ong noted that. the packer found was a little beyond wha~ is usually available for the moneyl ~tr. Kohl added tt~at he ~o had a iettez- '~rom Councilman W~]~ace in support of this pn~chase w~ct% would · mead later. Nr. Ha~mening moved to accept the city Manager's expiration tha~ an emergency situation exists rege~ding garbage co]fleet-ion ar~ tha~ an ~mergeney be declered. M~. Robez~cs seconded. No d~scussion. Motion oarried 4-0. Mr. Haz~ening then moved to accept the City ~anag. er's recommendation Shat a new packer be purchased from Rich Motors ~n the $38,595.00 in view of the existing emergenCy, b~. Roberts said under the new ordinance the City Manager has secured the most advan= tageous purchase and with the express approval o~ the City Council, ~would second the motion. It was clarif-ied that 1~. Kotfl stated the facts in compl4 ante with the emergency ordinance, bi~. Roberts seconded' the motion. No discussion° Motion caz~ied 4-0. Mr. Kohl read the ~ollowing memo dated March 15, 1974 into the record ~rom Councilman Wallace, addressed to Hon~ Mayor and City Council members.- ':After discussion with the City Manager regarf~ing the prob- lems incurred to replace Packer ~9~ I whole heartily con- cur with his recommendation that a neg~ packer be purchased from Rich Motors for the quoted price o~ $58~593~807 Consider Request of Boynton Beach Child Care Center Mr. Kohl read a letter dated March 14~ 1974f~omMiss Sslly Coston, Director of the Boynton Beach Child Care Center requesting a term lease on lot 128 and permission to build eh /nfant Center for infants and children to the age of three M_~. Roberts said this came up some time ago and ~l that was asked ~o~- was permission to lease a piece of land to extend the Child Care Center. He asked if anyone knew why it wasn't acted on at that time. 16 ~INUTES OF REGULAR CITY COUNCIL ~'~.ETING OF THE CITY OF BOY~fQN BEACH,. FLOR/DA, MELD AT CITY HALL, TUESDAY, MARCH 19, 1974. Mr. Kohl said he wasn't sure why the Council tabled this~ but he was to get in touch with Congressman Paul Rogers, ~hich he did, regarding child ca~e funds. Mr. Kohl said he r.eceived a tette~ ~este~day and another letter a week ago. However, zn readiug them, he ~'t have any hope as f~ ~ securing land where it's w~ted nea~ the day care center. The letters were in regard to equipment and build/ngs and other things handled by the administration i~ ~ashington, B.C. which looks after these matters and provides ~or them. ~fter it wa~ detez,~aLned that there was no reaso~ why aetic~ should n~ ~ t~, ~. Robe,s ~v~ to ~t the ~e~t of ~e ~ ~ty '~age~ fo~ h~d~ of ~ ~m~ge~ts ~g~ng ~ ~d~- ~nt of the e~t. ~. St~ seco~ed. U~der discussion, Mr. Harmening asked h~ long the. long-te~m lease wo,,l~ run, after which discussion ensued clarifying the ir~nt of Mr. ROberts' motion as stated above. F~. Kohl said he wmzld f~nd out about the term of the lease and report to Council along with t~ details abou~ the abandonment of the easement° Motion carried 4-~. Discuss Insurance Coverage for the City Mr. Kohl said at the time of the recent fire to the garbage paeke~, he was looking through the. files in regard to fi~e insurance fo~ the City and it came to his attention that the City only has bodily injury coverage. He was disturbed as ~e had. assumed the coverage would be $I million and he refei~ed Couzqcil to correspondence before them from Ray Allen, Insurance Agent, who caz~ies the City's insu~anoe. 1%~. Fob/ recommended this coverage be extended to $1 mi/lion bodily injury aggregate per one person~ He said at one time the City was allocating $?,500.00 in the budget every year to be applied for emergency self-i~suratee and Mr. Kohl said he would like to continue with this pro,am. In which case~ he would not feel that the City has to provide for .compreher~ive and col]~sion on its equipment inasmuch as this $Y,500.00 wi3~ build up quite a go°d amount in the self-insurance program. Funds ~or the additional coverage are available in Account No. 6600/~52. M~ Kohl requested approval of the above recommendat~ons~ Mr. Strnad moved to accept the City Manager's recommendations as stated above, seconded by Mr. Harmeningo No discussion. Motion carried _Zoning Approval Requested for Libel General Store Mr. Kohl noted that zoning approval was requested for Li~t General Store, Division of General Host Corporation, Store -~570~29~ to be located at 214 East Ocean Avenue, Boynton Beach~ Flomi~a. He said the above location does comply with local zoniD~ ordinance ~or the sale o~ alcoholic beverages° - 17 - C MiN~TES 0F REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, MELD AT CITY HALL, TUESDAY, F~CH 19~ 1974. ¥~. Harmening moved that the request of Li' 1 General Stores be granted, seconded by Fi~. Roberts. No discussion. Motion ca~ied Application for Permit to Solicit -1 Boynton .Beach Litt3~ Lea~um M~. ~o~21 noted tha~ this was for permission of the Di~e ~e~3~ae to solicit for the purchase of equipment. Pres~den~ Charles Christman and Vice President is Ar~ $1oa~s. T~ ~pose of the orqa~,ization is to teach children o~ga~ize~ Request for Permission. to Go Out for Sa~e by Bid - ~ POlice Cruisers,-~ Mr. Kohl ~equested pe.%.~?'ssi0n to dispose of two 19~7S .Po~ce cruiser§ aw~ same to ~he ~gh bidder~ funds realized from this sale be put back into Account No. 5100- 514. He said it is hoped that this, along with the balance of this account will enable the Chief of Police to pui%ahase a ~ompact car for the Detective Division. This vehicle will be purchased through the Stat~e Net Contract. Mr, Kohl requested appmoval of this recom- mendation. He added that Ca~ No. 21 has 79,524 miles on it and Car No. ~2 has 85~70 miles and the City has two new POlice cars to' replace ~hese. Mr. Harmening moved that permission be granted to the City Manager to go out for sale by hid on the two police c~uisers, seconded by Mr. Roberts. Mayor DeLong said that he knew of someone interested in buying the little waqon previously used at the beach and Mr. Kohl said that the Recreation Department took the wagon back. No discussion on:, the motion. Motion carried 4-0. Consider Request of Lions Club Mr. Kohl read the letter he received dated March 14, 1974 from Mr. Dennis C. Olson~ Secretary of the Lions Club as follows: "We are aware that there is a problem conce~the Lions Bench advertising pro,ram. These benches are on a yearly contracec with each advertiser. We therefore make the following offer to correct the situation, and earnestly solicit the city's help and consideration. We have stopped accepting any new orders or renewals. As the contracts expire, we will remove the benches from the city. The benches do have a definite value and we there- fore offer the city the option o~ buying what benches that might be of use to the public for $20.00 each~ - 18 - M/h~/TES OF REGULAR CITY COUNCIL I~ETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, MARCH 19~ 1974. As you know The Lions Club is the major organization promoting and suppozt-ing eyesight preservation, and restoration~ and oum fund raising programs enable us to spend many thousands of dollars in the area. Thsnk you for your consideration. Mr. Kohl concurTed with the above recommendation and requested Council' s approval to proceed. ~iayor DeLong said Vice Mayor Roberts has done some research on this and he asked for the approximate amount of the benches that would be purchased at $20.00 apiece. Mm. Roberts said he had started to do a little ~esea~eh and this letter must have been the result of a few complaints. He refer~ed to two benches in the middle of the sidewalk and felt that someone might trip over them and sue the City. He picked up the franchise agreement which he felt should be made known because the action Council takes may depend on this particular agree- menu. There are six sections to the agreement and Mr. Roberts said as far as he could see, a]] but one have been violated over the last 15 yeems. The main one is insumance to indemnify the City against claims and also gives the City the ~ght to ter~lnate the agreement upon 10 days notice in w~iting -- which probably should have been done years ago. Also, the benches should have been in good repair according to the ag, reement and they neve.r have-been. Mr. Roberts noted a se.rios' of pictures which were aVazlable depicting the deplorable conditions ~ including at least 15 broken benches with no backs and some concrete bases which were all smashed. Mr. Roberts noted that the benches a~e on a yearly contract with each advertiser end he asked when the eon- t~acts were up. He felt if those contracts were to be honored ~ the City should be insistent on the contracts pertaining to insurance. He also asked what would be done about the broken benches -- and added that tth~.ey should be removed from the areas in question first, particularly he state rights of way and the county rights of way as they do not serve ~ny purpose. Mr. Roberts said if the City intends to purchase the benches ~ it should be detez~nined how many are needed. He wanted to know if these benches were allowed to operate without insurance. A~ter furthe~ discussion, it was decided that the City Manager would handle this matter administratively and report back to Council. Consider Change Order No. 2 - Fire Station ~2 Mr. Kohl ss/d this was to furnish ~nd install ceramic tile wainscoting in small toilet in garaqe~ on roar walls 72~ high~ also pro~lde eight squea~e feet of tile wainscoting at lavatory in gamage, for the sum of $300.00 pious contractor's overhead and profit of 20%. The amount of the contract will be inereased therefore in the sum of $~60.00. After it was determined that funds were available~ Mm. Roberts - 19 - M/N~TES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA~ MELD AT CITY HALL, TUESDAY, MARCH 192 1974. moved to approve the change order as described above, seconded by M~. Har~ening. Mr. Strnad asked if overhead and profit were the s~/ae and Mayor DeLDng said the s~contractor~s fee was $~30,00 and the ~enerat contractor gets the additional $60.00 as overhead and profit. Mayom DeLong said this was provided for in the contract. Motion cazTied 4-0. Consider Expenditure for Repair to Well ~q Mm. Kohl read his letter fo~ the agenda as follows: "Please be advised that Well No. 5 is pumping in surges with very low' flows which could ~amage besmings, etc. This started Saturday night, March 9th. J. P. Carroll, pump contractor, who has installed and maintained this ~11 _a~__~.ng.others, thinks tha~t, the pump column .should be p~,-ec[ and the well acid/zed to clean the well s~een ~. fu.r~t~her developed by surging with a/~ pressure. '£.nls wl!& cost approximately $2,000.00' and work was started on Thurs~ay~ Ma~ch 14th. (you were advised by ~mo~andum on Friday of this ~act). In view of the c~itical water shortage, the above pro- posed work shoul~ el/~nate the problem so that this well can be returned ~o semvice with increased flow. Due to the specialized and emergency nature of the work which is funded under budget item 6120-282 (Repair to Raw Water Lines and Wells ), I reco~nend that J. P. Ca, roll be authorized to do this work. ~? Mr. Kohl requested Council's approval. He added that Well ~4 is also acting up at this time. He said as soon as Well ~5 (which was finished today) is completed, he would like approval at the same time to repair Well ~4. He noted that there h~ bean very little rainfall and he wanted to keep ~n top of this situation. Mr. Harmening moved to accept the City Manager's recommendation to repair Wells ~4 and ~5, seconded by Mr. Roberts. Mr. Strnad asked if the price would be the same on both wells and Mr. Kohl said yes -- the price would be approximately $2~000.00 and funds were available in the budget. Motion carried 4-0. ~pprovat of Bills Mr. Kohl read-the following bills for approval: C~ane Bros. Motors Pay from Dt00-512 5200-512 of Plantation $6~ 6t5.78 $ 9~920.67 - 20 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL, TUESDAY~ MARCH 195 1974. Hardrives, Inc. Forest 5~ll Park Pay from 5900-518.04 $13~29Y.23 ~te-Way Paving Co., Inc. equisition ND C~sa Loma Blvd. Pay from Encu~ered funds. 7,625.51 Marine Aid Products Pay from'6220-514.29 2,525.00 ~ellyT~actor Co. Restoration of old 955K to trade-in value. Pay from 2400-274 !:552.29 Russell & Axon Inv. ~2 Job 7460-1-11 ~ayfromUti!ity General Fund 38,333.47 Russell $ Axon Inv. ~25 Job 6858-13-CP ~ay from 6300-298 1~850.98 Russell & Axon Inv. ~10 Job 6858-4-CP 'Pay from 6220-514.29 1,787.50 Russell.$Axon Inv. ~6 Job 6858-1-II&CP Pay from Drexel Funds on deposit 8 ~811, 98 Russell & Axon Inv. ~il Proj. 6858-Sm-III&CP Pay ~rom Atlantic National Bank 5,495.85 Russell & Axon Inv. ~t Proj. 6858-7-CP Pay from 6130-581.02 1,119.97 Russell&Axon Inv. ~1 Proj. 685~-2-II Pay i~om 6~00-298. Will be reimbursed by new $2,050,000. Bond Issue. 8~424.76 Russell g Axon Inv. ~i Proj. 6858-ll-CP Pay from 6300-298 subject to formal authorization. 1,959.32 Mr. Kohl said the bills described have been approved and verified by the department heads involved~ checked snd approved for payment by the Finance Director (Acting) and funds are available in their respecgive budgets. Mr. Kohl recommended payment of these bills. Mr. Harmening moved to pay the bills as enumerated, seconded by Mr. St~nad. Mr. Roberts asked if ~ ! bills were itemized in detail and ~. Kohl said yes~ per Mr. Roberts~ earlier request. Motion carried ~-0. - 21 - MINUTES OF REGULAR CItY COUNCIL ~ETING OF THE CITY OF BOYNTON BEACH: FLORIDA, HELD AT CITY HALL, TUESDAY, MARCH 19~ 1974. Other Mr. Thomas Canavan from the audience said that Mr. Roberts asked the same question he was going to ask and jokingly said he thought it would be a good idea to get Russell & AXo~ to buy the City for $17, A lady in the audience said she had submitted a petition to Mr. Kohl dated March 8th for a crossing guard at 14th Avenue and Seacrest~ which was signed by 50 parents and shedidn.'t see this on the agenda. Mr. Kohl said he went to work on this immediately aP~ a guard would be on the job beginning Monday right after vacation. He added that a new crosswalk was painted on the site today. ~. S~m_on said he reeeivedtwo orders from Judge Shotts today regarding ne Rinker eases and Council would be receiving copies. ITuis involves ~he em~n.~en~.doma~n.su~ts..that were ~nst~tuted by the Department o~ ~anspor~atlon against Rinksr and otheDs and Rinker tried to bring in e .City as a third party° The Court has g~anted an order to dismiss Boynton as the t~rd party to the suit~ Mt.of SeaerestK°hl thenBo~e9ard.read th~ following announcement regardin~the wideninq ~For informationalpurposes only: The County has already put a man on the above projeot ~n response to the Resolu- tion that the City Council adopted at the March 5th meeting and which we ~orwarded to the CoUnty Commissioner. The County Engineer has 5eon in contact with our City Engineer regarding rights of way and we will keep you advised o£ the prog-~ess made.~ Mayor DeLong was very pleased with the immediate action and hoped it would keep Upo Harmer~ng moved to adjourn, seconded By Mr. Strnad. Motion carried Meeting adjourned at 9:59 P.M. CITY OF BOYNTON BEACH, FLORIDA / Vice Mayor Mih~iTES OF REGULAR CITY COQNCIL MEETING OF THE CI~f OF BOYNTON BEACH~ FLORIDA~ HELD AT CITY HALL~ TUESDAY~ ~L~CH 19: 1974. ATTEST: Coun~ lman City Clerk - 23 -