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Minutes 01-15-74h~I~/PES OF REGULAR CITY COtLNCIL MEETING OF THE CItY OF BOYNTON BEACH: FLORIDA, HELD AT CItY HALL, T~ESDAY, JANUARY 15, 1974. PRESENT Joe DeLong~ Mayor David Roberts: Vice Mayor Por~est L. Wallace~ Councilman Edward F. Ha~wnening: Councilman Norman Strnad, Councilman Frank Kohl, City Manager Ernest Simon~ City Attorney Callie Clauton, Deputy City Clerk Mayor DeLor~3 called the meeting to order at 7:30 P.M. He welcomed the audience and asked them to rise for the invoeation~ given by Prank Kohl~ City Manager, followed by the Pledge of Allegiance~ led by Councilman Strnad. Announcements Mayor DeLong ackowledged that former Mayor and~. Jackson were in the audience. He then introduced a visiting Councilman from Manitoba, Canada, Mr. Waltchuk, and weleomed himto the meeting. Mayor DeLong announced that the next regular City Council meeting would be held Tuesday, February 5, t974. Mr. Kohl ~ead his letter fort he aqenda, ex%3_laining that the citizens were confused due to the short lapse of time between the two January meetings: as no one realized that the meeting of January 7th was held according to Oz<tinance No. 73-54. He explained that all citizens and reporters should be advised that ~e~ular Meetings are still being held on the- first and third Tuesday of each month and all Special Meetings a~e called by the Mayor when deemed necess~y. Mayor DeLong noted that in the absence of the City Clerk, the Deputy City Clerk, Mrs. ~lanton was in her place. Mayor DeLong then read a Proclamation~ .designating March 9th through March ~6, 1974 as Miss Boynton Beach Week. Mayor DeLong turned the floor over to Vice Mayor Roberts who commended the efforts of the POlice DepaZ~cment during the transfer of funds to the new office of the First Bank and Trust. He said he was re- quested ~o make this announcement by the President of the Bank, Mr. Wilde and the Chairman of ~he Board, Mr. Sutton. Mayor DeLong said he had w~itten a letter to the Bank in appreciation of the invitatio~n to attea/~ the opening and also fort_he beautiful edifice which now endowed the City. · The presentation of Commendation to Detective Ted Sorg of the Police Department was delayed as he was not yet present. MINUTES Regular Meeting - January 7:1974 Mr. Wallace moved to table the Minutes Of the Meeting of Jars~ary 7, 1974 MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CItY OF BOYNTON BEACH~ FLORIDA, MELD AT CITY HALL, THESDAY, JANUARY 15, 1974. seconded by Mr. Harmening, with no discus~mon. Motion carried 5-0. Mayor DeLong explained that he was in error last week regarding voting of the Co%%ncil members. Robert's Rules of Order Revised states that it shall be "Aye~ and WNo~'. Pt~BLIC AUDIENCE Mayor DeLong asked those who wished to speak on items on the agenda to give their names to the Deputy City Clerk who will call the names when the pax~icular orders of business come up. He explained that once the question is put to the governing body for discussion, there will be no discussion on that particular question by anyone in the audience. The oppoz43/nity will be ~iven beforehand. It was announced that Detective Sorg was present and Mayor DeLong presented himwith a commendation award. No one came forward to spesl¢ in Publie Audience except for Mr. Felske of Gulfstream Lumber, who asked to speak.on the Noise O~dinance~ He was referred to the City Clerk to be called when this item came up for discussion. BIDS Chain Link Fence to be Installed at Forest Hills & Sara Sin~sPlayground Areas Mr. Kohl read his letter for the agenda which stated that bids were opened on January 7, 1974 at 3:00 P.M. Tabulation Committee recommended the low bid be awarded to Frank English in the amount of $47459.00. Funds are available from Capital Improvement Revenue Sharing. Other pertinent information was also available for Council's review. Fir. Kohl concurred with the recommendation o~ the Tabulation Committee; the other bid received was from Bill Overton in the amount o~ $47652.00. A bid from Tropical Fence was also received but sent back unopened. Mr. DeLong asked that the proper name be used for the fund being used to finance this item -- Operating Capital Improvement Fund (the Revenue Sharing portion is eliminated). Mr. Simon concurred. Mr. Wallace moved to accept the recommendation of the City Manager, seconded by Fn~. St~nad. No discussion, Motion carried 5-0. 1-95 ~tility Relocation Mr. Kohl explained that this item was supposed to be on the agenda7 but due to the bids being opened on January 8, 1974 at 5:00 P.M~, the City Engineer requested more time. P~BLIC HEARING None. - 2 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, JAN~I{Y 15~ 1974. LEGAL Ordinances- Rnd Reading- P~BLIC HEARING Ordinance No. 73-60 - Re: Noise Abatement Mr. John Pelske of Gulfstream Lumber spoke in opposition to the Ordinance because of the times involved -- 8:00 A.Mo to 7:00 P.M., which would cause a 9~eat financial loss to this company. Mr. Kohl referred to Section ! (i) of the Ordinance in question, explaining that it pertained to noise which could be heard beyond the premises. He felt there was no problem with Gulfstream: as he had ~eceived no complaints about them. Mr. Kohl then read a letter o~ objection from Mr. james P. Jackson, Corporate Attorney for Rinker Materials Corporation, dated January 15~ 1974~ which was submitted for the record and is attached hereto. Mrs. Clanton advised that Mr. Ed Perry wished to speak and discussion ensued between Mayor DeLong and Mr. Pe~ry regarding the item he wished to speak on -- building inspection. Mr. Wallace said there were mem- bers of Council who he be/ieved wished to speak on the subject also and he felt it could be discussed under NEW BUSINESS, Item 5 regarding Certificates of Occupancy. It was decided that Mr. Pe~y could spe~k at that time. Returning to the discussion of the noise ordinance, Mr. Wallace said he received a call from Rinker~s attorney and he referred to the financial loss which could be suffered by Rinker which would be even greater in comparison to Gulfstream. Mr. Wallace felt there should not be an ordinance on the books which is prohibitive for one and not for another. He felt there should be further study for clarification as to the amount of noise that would be acceptable before the ordinance was enforced. He referred to numerous complaints to the Police Depart- ment where nothing was able to be done. Mr. Wallace felt if the prob- lem could be clarified within the ordinance at this time, he would be in favor of second reading, however, in view of all the questions, he thought the item should be tabled. Mayor DeLong asked Messrs. Simon and Kohl for enlightenment. Mr. Simon explained that this ordinance has two sections -- sub-paragraph (i)- of Section 1 changes only the existing hours of operation as an amend- ment to an existing ordinance. The second portion of this ordinance, sub-paragraph (j) of Section 2 is a new addition to the Ordinance, dealing with specific kinds of equipment during the same hours. He then read the types of equipment specified. Mr. Kohl felt if the noise was not heard beyond a particular commercial establishment, there was nothing wrong with that pal*cicular establish- ment and they have a right to eaz~y on their business. Council felt there would be problems with the State Highway people because of the provisions in sub-paragraph (j). Discussion continued during which Mr. Harmening noted that the courts MINUTES OF REG~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH FLOR/DA, HELD AT CITY HALL: TUESDAY, JANUARY 15, 1974. have been reluctant to enforce this ordinance and Mr. Simon said there is a growing concern for a set of established criteria and standards with the decibel system most pz~valent. He explained that the present ordinance is the same except that the hours will be changed with this amendment. After lengthy discussion regarding enforcement and suitabil- ity of the noise ordinance, Mayor DeLong recognized a member of the audience. Mr. Simon Ryder, 2379 S. Wo 13th Avenue: felt it ~amzld be realistic to make a distinction between noise created on a con.~-ruction site and noise at a plant with starting times being considered on that basis. Mr. Roberts felt that noise pollution is just as important as other types of pollution and that it was unpleasant to hear road building machines, etc. early in the morning, although a concession would have to be made for the construction of I-95. He felt that Mr. Ryder's suggestion was a good ones and he wouldn't object to a 7:00 A.M. star~- ing time as long as the noise doesn ~t go beyond the limits of the premises. Mr. Howard Rossrucker of Leisureville complained of loud trucks driving east and west at S:00 A.M. and asked how they fit into the pietud2eo Mr. Wallace said it would depend on whose trucks they were° Mr. Roberts felt certain trucks were just as noisy as the road building machines working around Leisu~eville. Discussion ensued regarding hours and Mr. Simon injected that he felt the hours should he oonsistent in the two sectiorm, or the prosecuting authorities would be put in a quantity. Regarding item (j), he suggested inserting a provision whereby a building official would be given the authority to grant an emergency extension of the hours in certain instances. Mr. F. C. VanDeusen, 227 N.E. 22nd Avenue~ complained of loud trucks on his street at 6 o'clock in the morning, practically every day. Mr. Roberts questioned why the hours specified should be the same in both sections of the ordinance as one pertains to noise on the premises which doesn't effect anyone, while the other effects the whole City. Mr. Simon explained that the first part of this o~dinance doesn't prohibit the operation of various businesses -- but only in that noise .is not permitted to be created beyond their o~n premises. If this ordinance is passed, it means no eno can use the type of equip- ment specified outdoors, except during the hours prescribed. In addition, so far as commercial, industrial or manufacturing operations are concerned, they abide by the same hours as far as it effects noise beyond their own premises, but they may operate other than those hours, provided they limit the noise within the confines of their establishments. He felt any charge of discrimination could be avoided as long as the same hourly requirements as to noise are speci- fied as they pertain to the outside. ~ 4- MINU~ES OF REGUI~R CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH FLORIDA, HELD AT CITY HALL~ TUESDAY, JA~K1ARY 15~ 1974. M~. Ha~men/ng suggested including a provision in the ordinance befome passage where_in discretionary power be given to the City Manager~ Building Official or some individual within the City to alio~ certain p~oeesses wP~eh are in the process of manufacture, construction, etc. to eontinue until progress is completed -- not every days but in particular instances where applicable. Mr. DeLong suggested tur~ing this ordinance back to the City Attorney for redraft/rig and having each Councilman contact h/m to reach a meeting of the minds. R. B. Vastine, 132 Leisureville Boulevard, suggested that the National Standard of Decibel Rating for Noise in a specific area be checked by someone within the City government, working with the proper authority. It is clearly spelled out and can be measured accurately with a meter so there is an objective judgment as to whether ther~ would be a vi ola- tion of this o~dinance. He also complained about the noise of a cel~cain cement company early in the morning. In view of what has been diseussed~ including the consideration of ~. Vastine's suggestion: Mm. Roberts suggested tabling this item. Mr. DeLong felt it should be refe~ed back to the City Attorney for re- drafting with the ideas of each Council member. Mr. Wallace suggested each member express his views to the City Manager, who in turn can con- tact those businesses in the City where there is some question, as well as look into some of the questions brought before Council this evening by some of the cit/zenry and work in conjunction with the City Attorney with all of this information. In this way, every concerned individual would contact the City Manager. After further discussion~ Mm. Wallace moved to table this item -- Ordinanee No. 73-60 -- and refer it to the City Manager to iron out any problems that may appear, seconded by Mr. Strnad. No discussion. Motion carried 5-0. Ordinances - 1st Reading None. Resolutions None. Other None. OLD B~S~=SS Complete Appointments to City Boards and Committees Mayor DeLong suggested that these be made in the form of appointments and not nominations. Mr. Wallace noted that three names were to be MI~dTES OF RE~dLAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY~ JANUARY, 15, 1974. acted upon -- two submitted by Mr. Roberts and one by M~. Strnad. Therefore: he would be in accord. ..Civil Sezvice Appeals Board After some diseussion~ Mr. Roberts moved to appoint Kelly Kitten and Robert Shackly as the City Representatives on the Civil Service Board for a period of two years and that Mr. Van Deusen be appointed as an alternate for a two-yea~ period for Kelly Kirton. There is still a to Robert Shackly. Mr. Wallace seconded. U~de~ :ed that Mr. Bill Marvin's appoint- mer~ as confirmed the previous amend his motion to include Mr. Marvin s · Harmening. No discussion. Motion carried 5-0. Mayo~ DeLon sated . , ' · , g ~ M~ Roberts fzrst motzon regarding the appoint- ~.ents 0~el!~ E.~ton, Robert Shackly and F. C. Van Deusen. No. ~scuss~O~. M~t~6n ear,led 5-0. Boardo~ Ad3ustment' In view~9f the fact that Mr. GilEckert has resigned his position from t~Board, due to another position he is holding in th~ City -- M~. Stz~a~moved to appoint Mr. Alvin Boeltz to this Board, seconded by.Mr-~enin~. Mayor DeLong recognized Mr. Eckert in the audience ~an~ e~nded his.perfect ~ecord of attendance, adding that a certifl- ea~e~or.~Pp~eciatlon would be forthcoming. He asked that Mr. Eekert submit s'w~itten letter of resignation for the record: although the vaca~ne~ Would be filled in the meantime. No other discussion. Motion carried 5~0. CommunityRelations Board - Community Appearance Board Mr. Roberts said there was a vacancy on this Board and he moved to appoint Fir. Job_u Jameson: 649 Las Pa/mas Park, to this position for a term of one year, Seconded by Mr. Harmening. ~nder discussion, Mr. Walta~e said he would not vote because the name was to be submitted to all members Of Cou/leil before it was to be considered'this evening. Motion carried ¢-1, Mr. Wallace opposed as previously stated. Discussion ensued regaz~h~ng the submission of names for appointment ~0 the va~.!0~ts bo~rds and commit~eeso Mayor D~Long said he had asked. ~¥erY0~e Mo c~e in prepared with their appointments tonight and it was his unG~rSt.anding that this would be done. Mr. Wallace mepeatedhis request ~at'before names a~e brought before Council, each member be no~if~ed ~t ~eaSt 24 hours in advance. He asked that before the next C..o~ne~lm~etingl five or six listings be made (including one for the C~y ~a.n. ager)'and placed in each Councilman's box. If each Councilman will do'~e same thing: everybne will have some idea of what to e×peet a~the me~in~. Mr. St.rnad asked if the Community Appearance Board meetings ~ould be held ~n abeyance, since it is short of a few members. - 6- MINt~ES OF REGULAR CITY COUNCIL MEETING .OF THE CItY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL~ TUESDAY, JANUARY 15, 1974. Mayor DeLong said the Board could operate as long as it has a quoz~m~ which it does. Mr. Roberts noted that ~4r. Strnad had brought up a name last week -- Milan Novotny. Mr. Strnad moved to appoint ~4r. Novotny to the Community Appearance Board, seconded by Mr. Harmek~lng. Discussion ensued garding the term of office. Mr. Wallace ~asked if the other members of Council made any ~ecommendations to the City Clerk or the City~ Manager's secretary as to how individuals would be picked for the appointments. F~yor DeLong appointed Mr. Wallace and M~s. Padgett to come in with some mecomm, endations in line with the suggestions Wallace had disCUsSed with the Mayor previously. Mr~ Wallace refused the as he felt the five members of Council should come up further discussion and notinx3 ~outd be clarified later, the motion to the Commu~ty ADpearance Boated carried 5-0. the City Clerk's office would automatically detez~ining the te~ms of office of the appointees under OTHER tonight. Council Consider Reaommendatio~ of the Board of Trustees - Employee Pension P~n (Tabled) Ma.yo~. DeLong suggested leaving this on the table because it is being submitted under HEW BUSINESS. Mr. Wallace felt it would be out o~ order to do this. Mr. Roberts moved to take this item from the table :and place it under NEW BLISINESS under Item 2. No discussion. Motion~ ca,tied 5-0. NEW BUSINESS Submit~c'ed ~Or Cou~.cil's~ Consideration (Mayor DeLon~ to P~oceed with P~e!iminary Plans Htilizing Services of City for Alterations and New Construction at General Services ~a?r DeLo~g advised that the City was able to get plans fo~ a garage ~an~ office~ etc. ~rom a sister Ci.t¥ for free: Boynton would then be ab~ e~ to make the necessary alterations to suzt its purpose. After s~ e question re~a~din~3 what was involved here, Mayor DeLong explained thl this would be the approval to proceed with p~e153ninary plans~ - 7- M~S OF RE~dL~ CII~ COUNCIL MEETING OF THE C~TY OF BOYNTON BEACH: FLORIDA, HELD AT ~ HADL: TUESDAY, JANUARY 15~ 1974. Mr. Harmening questioned the way this item was worded on the agenda as it appears that actual new construction is being considered and he felt Council should be made awaz~ of all details~ M~. DeLong clami~ied that the action to be taken would be worded cormeetly in the motion. Afte~ further discussion: ~. Wallace moved to turn this over to the City Managem for lookin~ into so he could come back ~rlth a presentation and feasibility study fora the requirements of .the City as far as alterations and new construction in the General Services Compound as needed. Mr. Harmening seconded. No discussion. Motion carried 5-0. Instruct Proceed with Review of Employees' Pension Greater Retirement B~nefits and Disability there also be an evaluation of the City's present fz~m Mr. Wallace. He asked that all of next budget Session so Council would take. Mr. Wallace asked for Clarification so know exactly what information is required in ~lan, What are the specific objections to the was to decide whether a disability was permanent .. ~eLon~ ~oted that he s~.at, ed the Disability Pay Plan wasn't set up r~e, p~o~em pe~spect, ive which would avoid a ~un on t~he Pension fund. ce naa ~o be certain requirements of examination by physicians before a Trustees could grant a disability pension. He didn't feel the expertise to determine whether a man Aftem some further discussion, Mr. Wallace asked Mr. 'had any input from t.he. City employees other tha~. the f~eting offemed s poor retirement plan. Mro Kohl sa~d he has about the retirement plan and that the only thing done was to submit a disability benefit provision presently do not have at all. He agreed th~t~b~ere on retirement benefits. M~ay ~ng explained that the thought behind his suggestion was to ~etent actuaz~y to come ~n and see that people who have devoted a ~ ~e to public service don't end up with a meager retirement Den Mr~:~:: ~ning felt the pension and disabili ns a~8. ~.~ ~. ~ ..... ~. , . ty pla were be~.ng confused m ~e,,ong reiE ~ the ~%sab~lity program was based on the present ~etu fo~ pensio~: the amount would still b~ vez~f meager. However: if the meturn was increased and the disability pz~=dieated on that, ~e felt the amo%knt of disability would' be increased also. Mr. Sa! DeCanio: 5211 Fernwood Drive (resident since 1958) said he was ~he individual ~ho made this proposal to Council end he also sits on ~he Pension Board. He said the idea behind the disability program was ~.o f~.l~!.a void in th~ existing pensioh plan in which there are no ~e rm~s ant ~mSaDmlity was completely out of 0X~lem. He said the p!en 8- MINUTES OF RE~dLAR CITY COUNCIL M~ING OF THE CIty .OF BOYNTON PLORIDA~ HELD AT CITY HALL, TUESDAYs JANUARY 15, p~esented to Council was to set up a 60% compensation of the individual'~ -~,:.. ~ncome, inclusive of all benefits -- including Social Security, Work- men's Compensation and an insured benefit while he~s employed. Mr. DeCanio explained his proposal in 9~eater detail and felt that the entire City benefit program needs looking into. Howevers he didn:t want the 'disability program delayed any longer, and this pla~ would not infringe on any other p!~un. Mr. DeCanio said that the firm re- tained by the City has recommended the adoption of this plan. He thought they sent in the verbiage for the Trustees to use in their work. Mayor DeLong wanted to clarify that he was not opposed to this type of plan. He felt anyone devoting a lifetime to serVing th~ public should be given the utmost of consideration. He noted that in Mr. DeCanio's program, the City has to pay the whole fee end Mr. DeCanio explained the reason for this was the provision that all employees be included immediately in the pension plan the day they are hired: and it would not have been feasible ~o separate the groups. After further discussion, Fir. DeCanio said the possible lowering of retirement age should be considered and it would have to be surveyed. He concurred with Mayor DeLong that the pension returns to the retired City employee should also be surveyed with the thought in mind to give him a greater return on retirement. Mr. Roberts asked why an employee was covered as soon as beginning work as this is not the case in other areas where there is usually a waiting period. He also questioned the provisions regarding vested interest. Mr. Roberts felt the Council was overdue for a workshop meeting to discuss'this matter thoroughly. Mr. Ha~mening felt the issue of disability and pension plans was being confused and he was only concerned with disability. Mr. Harmening moved to accept the recommendations of the Board of Trustees for the Employees Pension Plan provisions for disability~ including the City's paying the $10~000 cost, seeonded byMr. Wallace. The effective date must be determined. Lknder discussion, Mr, Harmening noted the Council seemed to be getting away from the main discussion regarding disability which has no direct bea~ing on the Pension Plan. At the ~esent time, no City employees have the benefit of d~sability insurance ~°m~$heir employment, other than Workmen's co.m.p~ansatlon. He.f~lt the ~it~: employees· would be much happier if they did have. a disab~/ty~plan._~2~~ Mr. Roberts asked how much time was covered by the $10,000.~/M~.~/D~a ~n~ said the average monthly cost would be approximately $~4.85, qualified only on the statistical data at the time of enrollment of all the em- ployees in the plant. If the City hires elderly employees: the premium will go up to cover them. The amount of $10,000 would cover the cost of a t2-month period. Any employee that leaves the rolls or is added to the rolls would leave and go on the rolls at the same rate. The insurance Company will use its own actuamies once each year to make a new calculation and come back with a cost breakdown. Mr. Roberts asked if this would be a dividend bearing plan and Mr. DeCanio said no. Mayor DeLon9 said it was not his intent to cause confusion, but he did 9 - MINhTES OP REGULAR CITY COHNCILMEETING OF 'THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY~ JANUARY 15~ 1974. not understand the system of the set-up on the Pension Plan. It doesn't follow the lines of other municipalities~ states, counties or the goverrsaent that carry their own system -- it is an insurance plan which is a ~reat deal different. Mayor DeLong said he was al! for a disability plan and he was trying to help, not hinder. t~e~arding who would make the determina'tion on disabilities, Fir. DeCanio said the insul~alce company takes the oDJ~s off the City when it comes to detel~nining disability and how long payments will continue. It was clarified that the Board of Tz~istees would he advised by the insurance company to this effect. Motion carried 5-0. Mr. Wallace moved to have the City Manager look into the possibility of g~eater retirement benefits and evaluation of the pay plan in order to have the pay plan ready for the next budget session: seconded by Mr, Ha~uening. thuder discussion, Mr--. Harmening added that Mr. Kohl might~eonsult with Mr. Roberts: who has experience in these a~eas. M~. ~.~6be~ts said he would 'consult with Mr. Kohl and Mr. DeCanio. It W~s ~a~J?.¥.Q~elarified that Mr. DeCanio should communicate v~ith Mr. Kohl' regard~n~ any fu~VCher details, Motion ear, led 5-0. Release hy Purchasers of all Newly Constr~cted Domiciles Before ~e~tifieates of Occupancy is Granted by Building Official ~ was decided to call up from the audience all those who wished to ,~p~ak on.pertinent matters concerning this item. 'Mr. E,dwa~d L~ Perry, Boynton Beach: said he h. ada post office address ~ue to Some threats that were made against hmm. Mr. Perry spoke at ~engt. h and complained of problems he was having due to the workmanship his home in the Shorehaven Development in Golfview Marbor~ as ~. well as difficulties with the President of that organization, P~r. Brodsky. He said that the permit on his home is legally OVerdue and ~he house %$ not yet near completion and also that an addition?~. 2,000 :~a~ requested over the contract price. Afte. r some questioning ~ Mr. ~armen~ng, Mr. Perry read the letter regarding the increase. Mr;' Roberts said the Council would be concerned about this,: matter because of possible violations of the building code: although certain aspec~would have to be handled in a legal p~ocess. Mr. Perry again complained of the workmanship and of remarks he said ~re made to his ~ife regarding this situation by the Building Official, Mr. Bar~ett. Mr. DeLong said this Council was going to do its utmost to stamp out any vio!~a.t, ions of the Souther~ Building Code and Mr. Perry commented further ~bout the shoddy workmanship on his house and further questioned the actions of Mr. Barrett. ~.. Tom ~Canavan, Sterling Village, ~e£erred to the. City and State Codes mch eontrot all phases of buildings. He felt something was very w~ong if the iD~pecto~ passed a house with the workmanship described by Mr. Perry and he felt the inspector should be investigated. I0- MINLI~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYN~ON BEACH, FLORIDA~ HELD AT CITY HALL, T~ESDAY~ JANUARY 15, 1974. Mayor DeLong said he was glad this matter came up and that the citizens would find a very cooperative Council that is not going to permit shoddy workmanship to continue Nv. Canavan said this shoddy workmanship has been going on for some time, especially since the plumbing~ electrical and concrete inspectors were done away with, putting all this under the Building Inspector. He felt the Building Inspector was not qualified to handle these areas. M~ayo~. DeLon~_ said the City now had specific inspectors for electrical, p±umD~ng work, etc. He felt that Council was up in arms about the treatment that homeowners have been receiving and a~e dedicated to stamp out these poor con~'tions, After fuz~her discussion, Mr. Wallace said after the complaints a~e studied and presented, Council can take specific action. Mayor DeLong added that there has been much investiga- tion out in the field by members of Council -- Mr. Strnad and the City Manager in particular -- and he pledged that these conditions would terminate as quickly as this Council can manage% Mr. Canavan said he had the utmost confidence in Mr. 8trnad as a builder. Mr. John 2111 N.B. tst Court, Village Royate~ said he was t~ying to get a certain matter cleared up v~th Mr. Barrett and the Building Department. He complained about the lack of open air provisions which were supposed to be provided for in his development and he spoke of his difficulty with the Building Department. Mayor DeLong referred to an instance wherein a citizen, Mr. Lefort, contacted him regarding a certain problem he had and action was taken. He advised, the audience if they would make problems 1Qnown to the City Manager, they would be handled, t~egarding Village Royate~ in particu- lar~ he noted that if the problem-was not rectified, he would advise the City Manager not to have any issuance of Certificates of Occupancy granted. Nv. DeLong said a thorough survey was required to make sure no ventillation problems existed in any of the buildings. Mr. Roberts said that ther~ere five se?tions, of High Point with violations of venting -- or-~ units in vzolatzon of the building code. It was checked out and blamed on the policy of the previous Building Official. M~. LeFort came forward and also complained of shoddy workmanship. felt the suggestion of not issuing Certificates of Occupancy which was on the agenda was a good one. Mrs. Emily Jackson, 728 N.E. 9th Avenue, re~erred to a complaint she had received from Mr. Robez~cs before he was elected to Council regarding venting and she and M~. Barrett disagreed about the matter. Mayor DeLong felt if workmanship was to be controlled on buildings presently being constructed, it should be controlled on evemy building in the City. He said he has been at the building sites of all the new con- struction presently underway. MINI~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOY~ON BEACH, FIDRtDA~ MELD AT CITY HALL, T~ESDAY, ~ 15, 1974. Mr. Harmening suggested having the City Manager pursue all violations brought to his or the Building Department's attention. He felt if necessary~ the builder's license could be revoked. He believed many of the houses he has seen in the past week were not innocent violations. He also suggested attempting to find any violations and rake whatever steps a~e necessary to correct them so they comply with the building code~ Mayor DeLong cited instances where he has inspected various bui]d~ngs and he felt the citizens should get the same treatment and concer~ as the work done ~n public bui!d~ugs. Mr. Roher. ts suggested that the Building Department, under the direction of the City Manager, check out these complaints and also check out to see whether the~e is any violation in regard to the building complained of earlier by Mayor DeLong felt there would be no let up on the part of the City regarding shoddy workmanship. Fir. Per~y asked if the Council would issue a warning to any developer who would act against any citizen appearing before the Council. Mayor DeLong felt the message was well tsken and the public should be awa~e of the intentions of the Council. Mr. Kohl then read a letter frc~ Mr. W~ll~am Charles Martini, 1201 S. W. 27th Place, regarding construction of his home in Shorehaven: and notification he received from Mr. Brodsky that the contract price of his home was being raised $1, 000. The letter ~numerated several complaints against Mr. Brodsky and he felt something should be done about him. Mr. DeLong requested the latter be made a matter of public record and a copy of same is attached hereto. Mr. Wallace said he knew several Council members received various letters about the same problem. He asked if these letters could he submitted to the City Manager to he made a matter of public record, with copies of those letters being sent to all agencies having any hearing upon the problems in the City. He then asked that this he followed through with all the agencies, although the City's hands are tied in some instances. If a citizen takes the time to write and si~n a letter, Mr. Wallace felt Council should do something about it. In view of the statements made tonight, Mr. Wallace also moved to give the City Manager amy added in~petus or authority necessary to look into any further ramifications that may or may not be found within the City's Building Department. If such things have occurred, he felt one Of the first things to be done is to clean the City's own.house. Mayor DeLong noted that Mr. Strnad just h%d~a~5~p~e~r~ence where~n he tried to do something for someone who had ~ after which he ~eceived a letter to retreat as he had possibly received a threat from the developer. Me felt Mr. Wallace~s idea was a good one -- to make such letters a matter of public record. MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA~ HELD AT CITY HALL, TUESDAY, JAN%L~RY 15, 1974. C Mr. Wallace wanted to be sure the motion included forwe~xling copies of these letters to such agencies as the Consumer Advocates, Better Business Bureau, etc., so that if any complaints are legitimate, they will be acted upon. Mr. Strnad seconded the motion. Under dis- cussion, it was felt that the letters should be looked into before they were sent out to make sure there was some basis of fact. Wallace explained that if the letters are signed by particular indivi- duals and are sent to consumer agencies, he felt they would follow through and any other action necessary would be exercised with pressure from the City. Mr. DeLong felt they would appreciate the City's help. Motion carried 5-0. Discussion ensued as to whether the City Attorney should be given in- structions to research and draw up an ordinance whereby a release m~st be submitted by the purchaser on newly constructed domiciles be- fore a CertifiCate of Occupancy will be issued. Mayor DeLong felt it would be beneficial to explore any areas which would help the City to stamp out the present conditions. Mr. Harmening didn't think the idea would be feasible. Mayor DeLong noted that any law is only as good as the Court will uphold it to be. Mr. Harmening moved to turn the matter over to the City Attorney for research end study -- with the possibility of coming up with some type of ordinance whereby it would be legal that a requirement of a release would be necessary from the purchaser of new domiciles before a Cer~fficate of Occupancy would be 9~anted. Mr. Wallace seconded. After some general discussion wherein Mayor DeLong related a past ex- perience regarding legality, the motion carried 5-0. Posting of $100.00 Deposit Before Building Permit is Issued to Compansate ~or Trash Left Behind for City to Dispose of Mayor DeLong said to expedite this, the Council could either vote for or against this matter and he knows where the City Attorney can get a copy of an ordinance along these t.~nes that has already been tested and upheld by the Court. Mr. Roberts asked if it was a common occur- rence to find loads of trash left at developments and Mr. Kohl said yes. Mr. Roberts moved to have the City Attorney come up with an ordinance to take care of this partioular problem, seconded by Mr. Harmening. Mr. DeLong felt Mr. Simon should include in the ordinance that there be a weekly cleanup of the property so that it isn't all piled up for the City to remove at the end of construction at a cost of only $100.00. Motion carried 5-0. ADMINISTRATIVE Consider Renewal of Police Liability and False Arrest Insurance for Police Department Kohl read his letter for the agenda to which he attached corres- pondence received from Mattis and Haun Insurance, Fort Lauderdale. MINI~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OP BOYNTON BEACH, FLORIDA~ HELD AT CITY HALL, T~ESDAY, JANUARY 15~ 1974. This is not a bid item, however, the cost is $40.00 per man -- with 50 men covered for a total of $2,000.00. Funds a~e available from 5600/465. Chief Huddleston and Mr. Ray Allen, the City's insurance agent, recommend this policy, as well as Bill Sullivan, Personnel Officer. Pi~. Kohl felt this was a very necessary type of insurance coverage for all the City's swo~n officers, inasmuch as if they are insured in the line of duty for personal injury, bodily injury and property damage, this will protect the C~ty. This type policy is endorsed by the Police Chief ~soeiation and M~. Kohl recommended renewing this policy, Mr. Ha~mening moved to accept the City Manager's recommendation~ seconded by Mr. Wallace, No discussion. Motion carried 5-0. Consider Change in Municipal Court Mr. Kohl referred to his' letter for the agenda to which he attached a request from Judge Jack Wessel recommending that Municipal Cou~t be changed from night to day court and Mr. Kohl concurred with his recommendation. Night Court was established last year solely for the convenience of the former municipal judge, who requested the change. The City Manager pointed out that if the City reverts to day court, this will be quite a savings in overtime as it has been necessary to bring in six employees for nightwork at time and one-half at approxi- mately $580.00 per month ...or a total of $4,560 per year in this one department alone for overtime. Further, the security factor involved is an extremely important one. The lobby doors must be left open for the convenience of those arriving for court and this has caused many problems for those employees working nights. Children have been gathering in the lobby, running upstairs and causing a disturbance so that Court had to be recessed many times in order to abate this disturbance. However, these children had to be restrained many times during the course of the evening as they would continually return causing chaos and damage. A survey indicates that Boyn~on Beach is the only City in this area who conducts night court. Po~ these reasons, the City Manager concurred with Judge Wessel's recommendation. Mr. Roberts moved that the request be 9~ant~d, seconded by Mr. Strnad. Mr. Harmening noted that the County runs a night cou~t. Mr. Wallace recalled that this was originally called a workin~man's court so that those appearing didn't have to miss any work and discusmion ensued as to the reason for holding night court. Mr. Kohl said he submitted the only information he knew of and although there would be an incon- vehience for the workingman, this could be bypassed by sending someone in his beha]f if it is a traffic violation. Motion carried 5-0. Consider Waiving Requirements for Police Department Mr. Kohl referred to his letter for the agenda to which was attached a recommendation from the Personnel Director, Bill Sullivan. The 14 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BFACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, JANUARY 15, 1974. Officers indicated do meet all the requirements except for the necessary time in grade to qualify for the lieutenant examination. The Police Department has three authorized lieutenar~c positions~ two of which have been filled. However, that leaves the one opening which Chief Huddles- ton would like to fill and for this ~eason, Mr. Kohl concurred with Mr. Sullivan~s recormnendation to waive this requirement for this one time only. Mr. DeLong asked that the City Manager read the specific right to waive under Section 12~ paragraph I, which he did as follows: ~In the event of circumstances or conditions a~ise that make impossible to certify an individual police o~ficer, or police officers for entrance to promotional examinations for the next higher position because of lack of time-in-grade and the waiver of such requirement is deemed essential in o~der to efficiently administer the City's merit system~ the City Manager re.ay? at. the request of the Personnel. Director: recommend that t~me-tn- 9~ade requirements~ be waived by the City Council, provided, however, that the applicant ~r appliaan-ts involved possess all other qumlJfications required hy these rules for promotion, ~ ~r.. Wa~llaca mqved to accept the recommendation of the City Manager for consideration 'o,.~ ,thornier O~%requzrements for the Police Department, seconded by Mr. ~rmen~. N~ disCUsSion. Motion carried 5-0. Authorization toPaz~/~ase Truck for General Services Department _Mr. Kohl read his letter foX'the agenda as follows: ~We have an oppo~.L~nit~'to purchase a used 1970 - Two (2) ton used GMC 5500 series, 550 CID - V8 engine truck. This truck has a 4 speed standard shifttransmission with two speed rear axle~ ~hieh includes boom and bucket complete with dump body for ~ing chipper materials and air powered trimming tools. We' are going to pay Asplen $6, 014. 00 for only the boom and ~cket. which Qnly extended to 25 feet whereas this equipment ~his t~Uek ex~ends to 45 feet lifting height which is fully i~euveDabte.with CUrrent safety devices. ~]~ a~o. ~o~ld have had to pay an additional $500.00 to equip CUr exi~t~g truck to safeiy accommodate the required weights. The. dump ody ~s approxmm.~ately a ten (10) yard capacmty fully -~enclosed to handle chipping materials without scattering them in our streets. Truck has 14,000mi!es on it and appears to be in excellent condition. It was just recently painted red and has all new tires~ - 15 - MINUTES OF REGULAR C~TY COL~NCIL MEETING OF THE C~TY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL, T~ESDAY, JANINLRY 15~ 1974. The full price: Budgeted $9,500.00 6,014.00 for Boom g bucket only Difference $3,286.00 Also, our men willreceive a complete training course in the use of the boom and bucket as well as all the air tools. This course includes the proper methods to cut all trees in the City so as not to destroy them. Transfer of Funds: If this request is approved, we would need a transfer of funds from the eontingeney fund to cover the difference of $3,286.00." Mm. Kohl requested approval to puz~hase this truck. He added that he sent the General Services Supervisor, Bob Feltz and Henry, the Maintenance Department Supervisor to inspect this truck and they very very excited about it. Mr. Wallace moved to grant the City Manager's request to purchase this truck for the General Services Department as outlined in his request and to transfer funds of $5,286.00 from the Contingency Fund to pay for this purchase, seeonded byMr. Harmening. No discussion. Motion carried 5-0. Approval of Bills Mr. Kohl submitted the following bills for approval: Trail Ford Tractor Co. - Inv. ~5017 o~ /2/19/73 Pay from6150-514. O/ Rubber tired tractor with back loader for Water Distribution Dept. $11,11~.50 Northern Gravel Co. - Inv. ~98884 of ~ay from 6120-274 Sand for Water Treatment Plant 12/18/73 1, 927.65 MeLaren Construction Co., Ine.-Req. ~4 of 12/15/73 Pay ~romCapitalImp. Fund & Gen. Rev. Fund Dog Pound - Work in Progress 2,947.50 Lee A. Walker Co. Pay ~rom Capital Imp. Funds ~ Fed. Rev. South Firehouse - Re~. ~4 of 12/27/75 Sharing - Reg. ~1 of 12/27/75 Touche Ross & Co. - 3rd in Progress Billing Work through November 50, 1975 Pay from 1500-298 ....... $1,250.00 Pay from 6110-298 ....... 1~250.00 Total $2,500.00 City Audit - Work in Progress - 16 - (New Library) 31,820.40 20,041.20 2,500.00 MINUTES OF REGLLLAR CITY COUNCIL MEETING OF THE CITY OF BC~NTON BEACH, FLORIDA: HELD AT CITY HALL, TUESDAY, JANUARY 15, 1974. A_pprov~al of Bills (Cont Brooks Products of ~eter Boxes, Lids~ Covers~ $ 1,042.00 Pay fr°m 6150/598 etc. The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Director~ funds a~e available in their respective budgets. Mr. Kohl recon~nended payment of these hills. Mr. Harmening moved to pap the bills, seconded by Mr. Wa!lace. Under discussion, Mayor DeLong said he didn't have any complaints about the library because he didn* 't think that the $31,000 being paid out now is an overly amount. However, he was very much concerned about Romano Company because many things have to be corrected. He also felt the McLaren Const~ction Company should not be paid in full because of SOme damage done on the inside which should be rectified. Also there are certain things that have to be done up at the Fire House and he wanted to be su30e they we~e corrected before they received full payment. He asked M~. Kohl to make a not~ of these. Motion carried 5-0. Mr. Wallace refez~ed to a recommendation f~om the Police Department which should be brought before Council and Mr. Kohl advised that he was still getting information and it would be placed on the next agenda. Community Appearance Board Mr. Roberts noted that Mr. Buck has been appointed through 1975. Also on the Board are Mrs. Fry, Mr. Reid and the new appointees, Mr. Novotny and M~, Malotke and Mrs. Deneen at two-year terms. He asked if the CAB could be wound up until the addition of more members was desired. C. ivil Service Board Mr- Wallace expressed concern that the Black community should have prope~ representation on this Board. Mr. Roberts said there was one vacancy and he thought Mr. John P~%it? might be interested and he may p~efer this to serving on the Community Relations Board. imf. Wallace felt he should be contacted. Mr. Wallace asked if someone missed three meetings, to what degree and how stringently Can it be enforced. After some discussion, it was decided that anyone who missed three meetings in a row without notifying anyone would be:removed from that particular board or committee. City Manager to send notices to all members re the abOve ~uie. - 17 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA~ HELD AT CITY HALL~ T~ESDAY~ JANUARY 15~ 1974. ~ Wallace moved to adjourn, seconded by Mr. Strnad. Motion cammied 5-0.M~etlng' ad3ourned' at 10:26 P~M. CITY OF BOYNTON BEACH~ FLORIDA By: ATTEST: ~ 18 - BLOCKS -- CONCRETE STEEL BUILDING SUPPLIES FIRST WITH TNE B P. O. DIRAWER, K WEST PALM BEACH, FLORIDA 33402 TELEPHONE (305) 833-5555 January 1'5, 1974 City C out'il City of Boynton Beact~ Boynton Beach, ]Flori.~ta Re: Proposed Ordinance No. 73 -60 Honor abl~ Counci%men: On behalf of Rinker Materials Corporation we feel that the above mentioned Ordinance is unnecessary in light of the fact that there is & present ordinance in effect in the City of Bolfnton Beach, Section 17-ZZ. Z, which adequately ad- dresses itself to the noise pollution considerations for the City of Boynton Beac~. Furthermore, the proposed ordinance does not prescribe standards by which an affected party could properly determine the guidelines within which he must operate. Many governmental bodies have passed norse ordinances with standards such as decibel ratings. Two local govern_mental authorities who have such ordi- nances are Palm Beach County and the Town of Palm Beach. A noise ordinance without such standards would be too vague and nebulous to require compliance. Changing the hours of operation of ce rtain commercial and industrial districts could be an alteration which might be detrimental to the business and co the community as a whole. Many businesses presently in operation have relied on the present ordinance and any change may cause difficulty and unnecessary hard- ship. Since most of the commercial and industrial establishments affected are pre- sen~ly in commercial and industrial zones, respectively, suck an ordinance would bear no reasonable relation to the health, safety and welfare of the com- munity. Respectfully, RINK]ER MAT]ERIALS COR'PORATIOlxI F. J/ ckso %~//C o r p o r. at~/A t to r n e y