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Minutes 12-18-73MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, F~RIDA, HELD AT CITY HALL, T~ESDAY, DECEMBER 18, 1973. PRESENT Emily M. Jackson, Mayor Joe DeLong: Vice Mayor David Roberts, Councilman Forrest L. Wallace, Councilman Edward F. Harmening, Councilman Frank Kohl, City Manager Ernest G. Simon, City Attorney Tereesa Padgett, City Clerk Mayor Jackson called the meeting to order at 7:34 P.M. She welcomed the audience and asked them to rise for the invocation g~ven by Mr. tK~erk Hansel!, Seminarian, St...Vincent DePaul Seminary, followed by Flaq Salute~ led by Councilman Roberts. Announcements Mayor Jackson introduced m~mbers of the Eagles football team of Atlantic HI~ School and presented a plaque to K~vi~ ~og~nCaptain of the team in recognition of their outstanding achievement in this sport. Mr. Wallace noted that each member of the team was an outstanding player and specifically, Ke~i~L~who was felt by many sportswriters to be the most outstanding ballplayer in the State of Floz~da. He said that football provides most of the expenses for the athletic programs in the high schools and appealed to the public for support. Mayor Jackson then presented a plaque to Mrs. Edward Sisko, P~esident of the Junior Women's Club in recognition of its continued comnn/nity efforts for the benefit of Boynton Beach. Mayor Jackson announced that City Hall would be closed on December 24th and 25th for the Christmas holidays and also on January 1st, New Tear's Day. A change in schedule for the sanitation crews was also announced -- pick up in the North end would be December 24th and in the South end on December ~6th. Regular pick-ups would be conducted on Thursday and Friday and during New Year~s week. Mayor Jackson announced that the lights were left on in a cream colored Po~d Galaxy, license number 6W66507. On behalf of the Council, Mayor Jackson wished the citizens a Merry Christmas and Happy New 9ear~ MINUTES Special Meeting - November 28~ 1973 (Tabled) Roberts moved to take this item from the table, seconded by Mr. DeLong. Motion camried 5-0. Mr. Wallace moved to adopt the Minutes of November 28, 197~, seconded by Mr. DeLong.. There was no discussion. Motion carried 5-0. -1- MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, DECEMBER 18, 1975. Regular Meeting - December 4, 197D M~. DeLong referred to page ll, second paragraph from the bottcm, line ll, ~General Rund'~ should be "General Fund~. He then referred to page 18, paragraph 1 and the~ was some discussion clarifying the intent therein. The middle of line 5 should read ~'... the City Manager be given some flexibilit~y to issue C.O.'s provided Colonial Club places in escrow funds sufficient to cover construction.~ Mr. H~rmening noted the second paragraph, end of line 2 which should read "... rise in cost ..? on this same page. Mr. Wallace felt that the intent of the discussion at the time was that this policy should apply to all contractors coming into the City in the future, not only to Colonial Club. Mayor Jackson referred to page 5, last line in parap~aph 2 -- the word in the middle of the line should be ~inflicted~. Mr. Wallace moved to adopt the Minutes of December 4, 1973 as corrected, seconded by Mr. Harmening. There was no discussion. Motion carried 5-0. PUBLIC ~HDIENCE Mayor Jackson asked those who wished to speak on items on the agenda to give their names and the item numbers toM rs. Padgett. She then invited all others up to speak. John Cleary, 160 South Boulevard, spoke about a recent newspaper article reporting the re-use of paper towels in one of the schools. He said there was also an article in which Mayor Jackson favored this and mention was made about the interest of P.A.L. He asked about the status of this. Mr. Kohl said he was looking into the cost of picking up paper, the ramifications involved, whether a charitable organization might be interested in this, etc., and he would report back to Council when he had more info~mation. Mr. Harmening noted that Atlantic High School was conducting a paper drive at the present time~ with competition between the various classes. Mr. Kohl was asked to check into the matter and publicize his findings, to be of help to the students. Mr. F. C. Van Deusen, 227 N.E. 22nd Avenue, complained about the speeding in the City and felt the situation was worsening. Mr. Wallace said that Mr. Va~n Deusen had left the last meeting before it was announced that the City had gone out on a bid for a hand held radar unit. He felt this w°uldle§sen the Problem of speeding automobiles. Mr. Van Deusen then referred to a one-way sign, no-left turn on 22nd Avenue across the railroad tracks with a sign pointing to the north and which is ignored by cars and trucks. He felt the law should be enforced. Mr. Van Deusen then asked when the traffic light in this ~I~dTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA~ HELD AT CITY HALL: T~ESDAY~ DECEMBER 18~ 1973. area was going to be installed. Mm. Clark: City Engineer, advised that it would be around the first of March. Mm. Van Deusen wished the C~uncit a Merry Christmas and Happy New Year. Mr. Harmening~ pointed out that the County agreed to lend the State poles for this particular job to expedite the project because the State ran into a shortage of poles for automatic traffic devices. Mr. O. T. McLean, 906 S. Federal Highway, wished to speak because this was the last meeting that Mrs. Jackson would be Mayor of the official Council. He referred to an article in the newspaper wherein the bolita operation in the City had been discovered. He said he had been in on the bolita operation ~or some time and was going to use it as an item in his campaign for election -- but did not do so out of respect for a law enforcement officer unconnected with Boynton Beach and two Council members. He hoped that the bolita operation would be fully developed in all aspects by the Police Department. Mr. McLean then referred to a statement made by an official in the City government who is a member of the United Boynton Civic League, regarding what would happen to Leisu~eville if the residents did not maintain their property. The suggestion was made to move out of Leisureville if maintenance could not be afforded. Mr. McLean felt this was a ridiculous statement for a leader to make. BIDS One (1) K.W.L.P. Gas Driven Standby Electric Power System-Water Plant Mr~ Kohl said one bid was received for this item. He requested a trans- fer of funds in the amount of $1,755.50 from Account 6120/274 to 6120/ 514.04 to make up the difference as $3,000 had been budgeted for this purpose. Mr. Kohl concurDed with the recommendation of the Tabulation Committee to purchase this item from Graybar Electric, West Palm Beach, the lone bidder, in the amount of $4,755.50. Mayor Jackson added that this was for the water plant. Mr. DeLong moved to award the bid to Graybar Electric, along with approval of transfer of funds, seconded by Mr. Wallace. Under discussion Mr. Harmening asked what specific use this generator was going to be put to and the City Engineer, Tom Clark, said ~t was to operate the a~tomatie valves in the compressor and emergency lights. Mr. Wallace questioned why only one bid is received when several com- panies are notified. He asked if this item was so scarce that it could only be provided by this one company. Mr. Kohl explained that there was a shortage of materials and that everything possible is done by advertising and calling companies. After further discussion, it was decided that Mr. Kohl would write to several companies for an explana- tion of their position regarding bids. No vote was taken. -5- MINUTES 0F REG~dLAR CITY C0~NCIL MEETING OF THE CITY OF BOY}~fON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, DECEMBER 18, 1973. One (1) New 1974 Ambulance - Fire Department Mr. Kohl requested a transfer of funds in the amount of $120.00 from Account 5200/340 to 5200/512.01 to make up the difference, inasmuch as $15,500 was budgeted for this _~urehase. Southern Ambulance Co. of LaGrange, Georgia, submitted a bid in the amount of' $15,474, which was the low bid. However, they did not meet the specifications on the.electrical system; inside modular width; actor; rear axle and front spri~.g, Mr. Kohl¢Onc~dwith the recommendation of the Tabulating Committee to accept the bid from Custom Ambulance Co~ .of North Palm Beach in the amount of $15,620.00 to be delivered in 120 days. He then readthe other bids as follows: Biscayne Fire Equipment, Miami Rich Motors Grumman Corp., Woodbury, L.I., N.Y. Southern Ambulance $18;350.00 16,524.89 - Returned unopened because they sent it in too late. 15,474.O0 - did not meet specifications. Mr. Wallace moved to accept the City Manager's recommendations, seconded by Mr. DeLong. Under discussion, Mr. Harmening clarified the accounts concerned with the transfer of funds. Motion carried 5-0. One (1) Sanitary Sewer ~xtension - N.E, 7th Avenue Mr. Kohl regretfully reported that no bids were received on this item. Mr. Roberts asked if this was the second time around and he was advised that this was a different bid attogetherJ Mr. Kohl said he would write letters to the various companies to ascertain why no bids were received. Mr. DeLong asked if Laude~dale Contracting Company was aware of this and Mr. Kohl said yes. Mr. Harmening said this could be awarded to Lauderdale Contracting, as a change order, as the basic contract allows for a change in ~e total amount of work and they haveno alternative but to accept. The City has a unit price on all these items. If there are none in this case, it may have to be negotiated. Mayor Jackson noted this was to go out by assessment. Mr. Harmening s~Ad he would not care to make a motion but would recommend this be discussed with the consulting engineers to prepare a change order and get their reaction. Mr. Wallace .moved to table this item, seconded by Mr. DeLong. No discussion. Motion carried 5-0. Mr. DeLong said this situation has to be accepted and the amendment was put in the contract to take care of situations the City is confronted ~th in order not to bog down. 1-95 Utilities Relocation Mr. Kohl read his letter for the agenda and referred to the information attached thereto. He said as stated on the Tabulation sheet, a multi- plication error was made on the unit price on Unit ~1~ page BP-2. However, the contract reads ...~'unit price would apply ~n all cases~. -4- MINUTES OF REG~LDd~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, DECEMBER 18, 1973. Our Finance Director checked and corrected this error and he concurs with this change. The Tabulation Committee recommends acceptance of bid from Gulfstream Constz~ction in the corrected amount of $142,861 and Mr. Kohl concurred with their recommendation. Department of Transportation approved by phone and said they would have w~itten confirmation in the City Manager: s office by today's meeting and it was received. Interim financing will be from Utility General Fund. Construction cost is reimbursable from Department of Transportation. Mr. Roberts asked for information on the location of this project. Mr. Clark explained that the location was north of Forest Hills Park, requiring a relocation of utilities and certain crossings that will have to be immediately re-located to the east of 1-95 right-of-way in that vicinity, He did not l~now the e~met limits to the north at this point, of where the construction terminates, but it is in the area of S,W. 25rd: both north and south and also includes new road construction for access into some areas that would otherwise be landlocked. It was clarified that this project includes the relocation of utilities and everything in that section that's not included in the contract, in- cludi~ng, the intersection on 804. The ~'t station .would be re.located and this would be the contractor~ s obligation to maintain service during construction. Since the Ci~Yhas to pay the bill on this until reimbursement from D.O.T., Mr. Harmening asked how much time was involved. Mr. Clark said he understood unofficially, that as soon as the City obligates up to 30% of the contract amount, reimbursement would be forthcoming in 50% increments. Ten per cent would be retained until the end of the projeet. Mr. Harmening said he was concerned due to the City's prior expedience ~ith D.O.T. regardin~ a transaction involving land on S.W. 15~h. Discussion ensued regarding the length of time it took for the City to be reimbursed in this instance. Mr. Kohl read the bids as follows: Craft Construction Corp. Gulfstream Constr~ction $172,484.75 142,861.00 He recommended the bid be awarded to Gulfstream Construction Corporation and Mr. Wallace moved to follow the City Manager's recommendation, seconded by Mr. DeLong. ~nder discussion, ~. Harmening questioned the figure of $142,861.00 and it was clarified that this was the correct amount. Motion carried 5-0. FdBLIC HEARING - 8:00 P.M. ~O ne. LEGAL Other Presentation Re: Water ODalityManagement Plan (John Klinek, Russell Axon - Consulting Engineers) - 5 - M/N~TES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, ~dESDAY, DECEMBER 18~ 1975. Mr. Klinck referred to the successful joint public hearing held the night before with representatives of the cities of Boynton Beach and Del~ay Beach. The consensus of the group was to move ahead on implementing the regional plan for combined wastewater disposals between the two cities. He said it was necessary to start work right away and he prepared an authorization for R&A to proceed with the engineering plans and specifications and he asked Council for approval. Mr. Klinck read the authorization and pointed out that the exact counterpart was in the hands of the Delray Beach City Council to be released at their meeting of December 26, 1975. The title of the project is -- Regional Wastewater Treatment Plant , 12 Million Gallons a Day. (Copy attached). The target date for completion of the engineering is April 15, 1974. Mr. Klinck said this statement is in the inverse for Delray Beach and the authorization represents the City of Boynton's share of obligations for the regional facility. It becomes effective upon execution of an identical authorization by Delray Beach. This means that the two cities will share engineering costs~ construction costs for the sewage treatment plant, pumping station, an effluent line& down to the ocean outfall and is the only part of it that is a joint project. Mr. Klinck asked for Council's authorization and said it's indicated in Resolution 73-TTT that the Mayor would be authorized to sign any papers requimed for the promulgation of this project. Mr. Wallace suggested that Mr. Simon look this authorization over and continue with the meeting until he's had a chance to peruse this. Mr. Harmening suggested a discussion with M~. Klinck regarding the possibility of issuing a change order to Lauderdale Contracting to install the line extension on N.E. 7th which was talked about earlier. Mr. ]Clinck said he could only speculate as to why companies are not bidding and he felt one reason was that they were all pretty busy. This is comparatively a small project. The potential profits in it as compared with their demobilization costs are not very attractive for bidding. This is also a difficult area to work in. Discussion ensued for several minutes on the subject of a change order, followed by a motion from Mr. Wallace to have the City Man~ger and Consulting Engineer handle this matter administratively and issue a separate contract to Lauderdale Construction Corporation, seconded by Mr. Harmening. Notion carried 5-0. (Note: This motion was later amended to include consultation with the City Attorney.) There was a request to speak from the Audience. O. T. NcLean, 906 South Federal P!ighway, felt this project would be a financial burden to the City and that it should be delayed until the citizens of Boynton are more awa~e of the situation. He felt the public hearing of last night and the present meeting were not sufficient. Mayor Jackson said the meeting last night was open to the public and anyone could have asked whatever questions they wished. MINUTES OF REGULAR CITY COTdNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, ~/ESDAy, DECEMBER 18, 1973. Mr. McLean felt it was only to determine if it was feasible for the two cities to join together, not for the purpose of signing an authorization for the engineering firm to proceed on a costly project. He felt the citizens should know more details. Mr. DeLong said items such as this are on a revenue pay-back basis ~rom the return of the water and sewer. A revenue certificate issue is not subject to a referendum. There's no lien against anyone's p~operty. It' s not a general obligation bond issue. It~ s a revenue certificate issue and will be paid back from the revenues of the water and sewer sys rem. There was another request to speak from the audience. Mr. Canavan said he had attended the previous night's meeting and he was very satisfied with the enlightenment he received from Mr. Maloy who chaired the meeting. He felt that M~. McLean should have been there to be informed. Mr. McLean referred to the statement made by Mr. DeLong and asked the citizens how they felt about the recent utility increases. Mr. DeLong felt that Mr. McLean should be aware of the fact that this Council was trying to get this water and sewer system back where it belonged and stop violating the ordinance of 1964 ~elating to the revenue certificate issue that was floated at that time. The meeting continued through the reading of several ordinances while Mr. Simon and ~i~. Klir~/< conferred on th~ authorization that Mr. Klinck had proposed to Council. Ordinances - 2nd Reading - FdBLIC HEARING Ordinance No. 73-55 - Re:~oiD. tment of Municipal Judge Mr. Kohl read Ordinance No. 73-55 on second reading by caption only -- An Ordinance of the City of Boynton Beach, Florida, Amending Section 38 of Article III of the Municipal Charter of Said City by Providing that in the Event the First Monday in January Falls on a Legal Holiday then the Municipal Judge Shall be Appointed on the First Working Day follow- ing the First Monday in January of Each Year and that in the Further Event that the First ~4onday in January of the Year Following the Appoint- ment shall Fall on a Legal Holiday then the Term of the Municipal Judge shall be Until the First Working Day following the First Monday in January of the Year Following his Appointment~ as Authorized Under Chapter 166 of the Florida Statutes entitled "Municipal Home Rule Powers Ac~~, etc. Mayor Jackson asked if anyone wished to eomment~ No reply. Mr. Roberts moved to adopt Ordinance No. 73-53 on second reading, seconded by Mr. Harmening. There was no discussion. ~s. Padgett MINTdTES OF RE~dLAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, MELD AT CITY HALL, ~dESDAY, DECEMBER 18, 197D. conducted the roll call vote as follows: Vice Mayor DeLong Councilman Harmening Councilman Roberts Councilman Wallace Mayor Jackson Yes Aye Yes Yes Yes Motion carried 5-0. Ordinance No. 73-54 - Providing for the First Meeting in January M~. Kohl read Ordinance No. 75-54 on second reading by caption only -- An Ordinance of the City of Boynton Beach, Florida, ~mending the Third Paragraph of Section 15 of Article II of the Municipal Charter of said City by Providing that in the Event the First Monday in January Falls on a Legal Holiday then the Newly Elected Counci/men shall Assume Office on the First Working Day Following the First Monday in January ollgwlng thelrE~tlon, as Authorized Under Chapter 166 of the Florida Statutes e~titled 'tMunioipal Home Rule Powers Act'~, etc. Mr. Harmening moved for the adoption of OrdinanceNo. 75-54 on second reading, seconded by Mr. DeLong. The~e was no discussion. Mrs. Padgett conducted the roll call vote as follows: Vice Mayor DeLong Councilman Harmening Councilman Roberts Councilman Wallace Mayor Jackson Yes Aye Yes Yes Yes Motion carried 5-0. Ordinance No. 73-55 - Re: Budget Adjustments Y~. Kohl read Ordinance No. 73-55 on second reading by caption only -- An Ordinance of the City of Boynton Beach, Florida, Amending Appropria- ting Ordinance No. 72-28 which Adopted the Buduet of the City of Boynton Beach for the Fiscal Year ending September 50, 1975, by Pro- viding for Adjustraents to Said Budget, etc. Mr. DeLong moved for the adoption of Ordinance No. 75-55on second readiD~, seconded by Mr. Harmening. There was no discussion. Mrs. Padgett conducted the roll call vote as follows: Vice Mayor DeLong Councilman Harmening Councilman Roberts Councilm~n Wallace Mayor Jackson Yes Yes Yes Yes Yes Motion carried 5-0. - 8 - ~f/NTdTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TdESDAY,- DECEMBER 18, 1973. O~dinances - 1st Reading Proposed Ordinance No. 75-60 - Re: Abatement of Noise Mr. Kohl read this Ordinance in its entirety on first reading -- An Ordinance of the City of Boynton Beach, Florida, ~mending Section 17-22.2 of Chaptem 17 of the Codified Ordinances of Said City by Amending Sub- section (i) and by Adding an Additional Subsection (j) to Prohibit Any Building Constz~ction: Commercial: IndustrY_al or M~anufacturing Opera- tion Between the Hours of 7:00 P.M. and 8:00 A.M. and to Further Pro- hibit Building Construction on Sundays and Legal Holidays, etc. Mrs. Padgett clarified that this was Ordinance No. 73-60 as there was some question earlier. Pit. DeLong moved for the adoption of Ordinance No. 73-60 on first reading, seconded by Mr. Roberts. Under discussion, Mr. Waliaee asked for clarification as to how th/s relates to road- building equipment and specifically, Sunday work on 1-95. Mr. Harmening asked for the City Attorney: s opinion as to whether the City can over- ride the State's schedule. Mr~ Simon said he didn~ t know of any specific statute relating to this but in the absence of any statute, this would apply to anyone. Dis- cussion ensued during which Mr. Simon suggested that some additional language be included in the ordinance to provide for flexibility in special instances and he was supported by Mr. Barrett, who gave reasons why this may be necessary. Mr. DeLong injected that when the State comes into a municipality and they do any construction, particularly on buildings, the local officials are not even permitted to inspect those buildings and the Building Department stays away from ~hem. He cited the example of Florida Atlantic Lhniversity and no one from the Building Department in Boca Raton was per~/tted to do any inspecting on a State job. He felt this matter would be worth exploring. Mr. Roberts said the idea of this Ordinance was to give all citizens a little more peace and quiet because Boynton is unfortunate in having !-95 ~un through the City. He then spoke of instances where work on various projects starts so early it interferes with the residents getting some rest. He felt any work on an emergency basis should be determined either by the Police Department or the Building Department or both. He felt with the hours of 8:00 A.M. to 7:00 P.M. and daylight savings being all year-round, the builders would have plenty of lati- tude and it would be to their advantage to start a //tt!e later. Coun- cil discussed the aspect of emergency situations a bit further. Fir. S/mon Ryder, 2379 S.W. 13th Avenue, spoke of his highway construc- tion experience in the City and State of New York when work had to be done on Sunday when t~affio was alleviated. He felt there should be some flexibility in the area of public works for this type of work. Mr. Wallace suggested adopting the ordinance as it is with the state- ment of intent regarding emergency situations with the Building Official MIAWdTES OF REC~/LAR CITY COU~YCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TtLESDAY, DECEMBER 18, 1975. or Police Department notifying the City Manager in advance of such instances so there could be a record made. He felt the ordinance should be passed and when those who are Concerned make their views known, the City Manager can make recon~nendations cna mending the ordinance if necessary. Mr. Wallace moved to adopt this ordinance No. 73-60 on first reading, in consideration of the above co~nents, seconded by M~. Marmening. Under discussion, Mr. B~rmening wanted to be certain that the sugges- tions made earlier be considered in the passage of this Ordinance. M~s. Padgett conducted the roll call vote as follows: Vice Mayor DeLong Councilman P~rmening Councilman Roberts Councilman Wallace Mayor Jackson Yes Aye Yes Yes Yes Motion carried 5-0. Resolutions Proposed Resolution - No. ?5-ZZZ - Re: Appointing Florence Sullivan Honorary Member/Library Board Mr. Simon read Resolution No. Y3-ZZZ -- A Resolution of the Ci~j of Boynton Beach, Florida, Appointing Florence Sullivan as an Honorary Member of the Library Board of the City of Boynton Beach. Mr. Harmening moved for the adoption of Resolution No. 75-ZZZ, seconded by Mr. Wallaee~ There was no diseussion~ Mrs. Padgett conducted the roll call vote as follows: Vice Mayor DeLong Councilman Harmening Councilman Roberts Councilman Watlaee M~yor Jackson Yes Yes Yes Yes Yes Motion carried 5-0. Other Mr. Harmening asked that the City Attorney inquire as to the legality of the previous administrative directive to the City Manager regarding Lauderdale Contracting Company. He wished to know if awarding of a contract on an assessment roll type project is strictly legal. Mr. Wallace thou~ the intent was that it was left to the City Manager and Consulting Engineer to approach the contractor and see if it was feasible because that contractor may turn the City down completely, followed by a recommendation to Council. Mr. Hazmening felt it was possible and that this one avenue should be explored so the City doesn't get into something that might have repercussions. - 10 - MI~dTES OF REUdLAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, DECEF~ER 18, 1973. Mr. DeLong felt Mr. Harmening had a point in view of the fact that the property owner was going to be assessed on this and he asked if ther~ would be any question as to the way it was handled without a competitive bid. Discussion continued and Mr. Ha~mening wanted to be certain that no one on the assessment roll objected to this type of award before it was done. Mayor Jackson suggested t~rning this matter over to the City Attorney as well as the City Manager and Consulting Engineer. P~. Harmenin~ said he would amend M~. Wallace's motion to take in this previously expressed intent. Mr. Wallace moved to amend his earlier motion on page 6: paragraph 6: to include the City Attorney, seconded by Mr. Harmening. Under discussion, Mr. DeLong said that since Mr. Harmening made the amendment, the approval by the mover was more or less tantamount to a second. Motion carried 5-0. Water Oua!ity Management Plan (Cont'd) Mr. Simon said he reviewed the authorization with Mr. Kl~nck and they discussed the possible addition of some language at the very bottom. Mr. Simon wanted to clarify that Boynt&n's share of obliga- tions was for the engineering services set forth earlier in the authorization, rather than open end obligation. Mr. ~Klinck didn't seen any problem with ~addi~-- that language. Mr. Klinck clarified that this authorization was meant to assure that the engineering plans and specifications for construction of the regional wastewater treatment facility would be ready for submittal on the final deadline date of April 15th when the Department of Pollu- tion Control takes Boynton~s and Delray's joint application to the E.P.A.. If funding is awarded, it should be available in July. This has nothing to do with what the agency is that is going to operate the facility. Mr. }Clinck said this is approximately an $8 million project for just that regional facility alone. If everything goes all right and the grant money is made ava%table~ each City would be spending slightly over $1 million apiece in an $8 million program. This doesn't only involve the people in Boynton and Delray alone -- but a population that's going to be served that today is about 70,000 people: including Hypoluxo, Ocean Ridge, Highland Beach, Gulfstream, Briny Breezes ... After further discussion clarifying that approval was needed for the authorization to proceed with the engineering plans and specifica- tions for the regional wastewater plant, Mr. Roberts moved to grant this approval as amended by the City Attorney. Mm. Harmening seconded. Motion ca~ried 5-0. A roll call vote was not necessary. Mr. Harmening wanted to be certain pertinent details were spread upon the minutes. Interpretation - Section 140 of the Charter M~S. Padgett said that Mr. McLean had asked to speak on this. Mayor Jackson said she would first like Mr. Simon to read the section in question and then give an opinion. She wanted to get this matter settled. MINUTES OF REGULAR CITY COUNCIL MEETING OF TH~ CITY OF BOYNTON BEACH. FLORIDA, MELD AT CITY HALL, TUESDAY~ DECEMBER 18, 1973. Mr. Simon read Section 140 of the Charter, entitled ~Support for Election of Councilmen by a Person Connected with City Government Prohibited'~ ... etc. Mr. Simon wasn~ t sure to what extent Council wanted an interpretation except to identify or try to define what is meant by the words '~officer or employee~. Mayor Jackson asked if Attorney General Shevin handed down a ruling on this. Mr. Simon said he had a copy of a ruling that was rendered to the City of Delray Beach. The primary question involved in that ruling was to try to clarify the meaning of the words ~'officers or employees~?. He felt that the thrust of the opinion rendered served to distinguish between a member of a board that was of a reco~nendatory capacity or advisory capacity to Council as opposed to a member of a board havin9- quasi-judicial responsibilities and powers. The exact boards involved in this particular opinion were the Planning and Zoning Board (the advisory and recommending board) as opposed to the Board of Adjustments (with quasi-judicial powers). A member of the Planning and Zoning Board makes recommendations to the Council only. A member of the Board of Adjustments makes a decision of a quasi- judicial nature and if anyone is ag~ieged by that decision, the redress and recourse is not to the City Council but rather to the Circuit Court. That places the ~oard of Adjustments in a quasi-judicia~_qapaeity~ That being the case, the Attorney General has rendered the opinion that under such circumstances, a member of that board would be in the capa- city of an officer having quasi-judicial responsibilities and powers and a member of the Plaruning and Zoning Board would not be classified as an officer within the contemplation of Section 140. M~. McLean said he would like to speak after hearing the rest of the discussion. Mr. Roberts asked about the Civil Service Board. Mr. Simon said he understood that the Board of Civil Service is a board of quasi-judicial nature. It makes decisions which are appealaSle and if they're appealable directly to the Circuit Court, then they would fall in the same category as the Board of Adjustments. ~_gain, it falls upon the powers of the member of that Board or the Board itself. Is it quasi-judicial or just recommendatory or advisory? M~. McLean asked the City Attorney what the date of the opinion was and Mr. Simon said it was dated July 2S, 1969. Mr. McLean said he has a file on a civil suit b~ought against Judge Tomberg by himself with further opinions rendered by Attorney General Shevin in answer to a request by a former City AttoDney~ Gene Moore. He said he would like to present them to M~r. Simon for his perusal. He said it seemed according to these opinions that anything in munici- pal elections is entirely under Florida statutes. During further discussion, it was clarified that Mayor Jackson had put this item on the agenda, not Mr. Roberts. Mr. McLean asked Mr. Roberts if it was tr~e that he was informing the electorate in this City prior ~to his election that John Archie was supporting Mr. Roberts and was asking his supporters to vote for Mr. Roberts. 5ir. Roberts chose not to answer the question as he felt it was ridiculous. - 12 - MIh~dTES OF RE~/LAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA~ HELD AT CITY HALL~ TUESDAY~ DECE~RM.R 18~ 1975. Discussion was getting out of order and Mayor Jackson said it was she who put this on the agenda because it had been coming up since 1960 and since she was going out of office~ shew anted the matter clarified' for the benefit of new people coming in. OLD B~/SIMESS Acceptance of Oriole-Pastel Preliminary Plat (Tabled) Mr. Wallace moved to take this from the table, seconded by Mr. DeLong. Motion carried 5-0. Mayor Jackson explained that this was tabled due to a misunderstanding. 9~]len it first came in, it was known as Shaker Heights. Now it is known as Oriole-Pas~t~al and is a prel/minary plat. She asked if the Council had any questions. }~. DeLong said he surveyed the area out there and is concerned with the ~oads. He found that the streets on the sou~h end of this parcel of land do not match up in any respect with the streets that are on the north side of the parcel. He also observed the lift stations already constructed. Mr. Clark clarified that a sewer collection service to serve the area south of there will be completed, by Lauderdale Contracting. The other sewers can go in at the developer*s expense by gravity. ~%e lift station was designed for this whole area. Mm. DeLong wished to ask Mr. Barrett several questions regarding layout of the streets and discussion ensued as they indicated several locations on the plat. Mr. DeLong said that his prime concern was that there was going to be a perimeter road so this project wouldn't be isolated in regard to fire and sanitation services, etc. M~. Barrett explained that adequate provisions were made. Mm, DeLong said while he was on the Council, he was going to make on the scene inspection to get away from the manner in which the plats were adopted, particularly when it came to shopping centers, with four cuts into a main thru-way. Barrett agreed it was good to check this out. M~. DeLong said his questions have been answered satisfactorily. Mr. Wallace noted that this was a preliminary presentation. It has not been up for final approval before any of the committees within the City. The Council was just receiving this for the first time this evening. He wished to clarify that this plat had to go back before all the boards for final analysis. Mr. DeLong said at least they ~now what's on the mind of the Council when they come up with the final. Mr. Roberts was interested in the ownership of the land -- was it owned by the developer or who? [~. Barrett believed the property wasn't owned at this point, but there was a contract on it with an option to close on a certain date, depend- ing on what transpires regarding plats. MINUTES OF REGULAR CITY coU~NcIL MEETING OP THE CITY OF BOYNTON BEACH~ FLORIDA~ HELD AT CITY HALL, TdESDAY, DECEMBER 18, 1975. Discussion ensued about possible traffic problems and density and Mr. Barrett said this was well within the City, s density requirements. It was clarified that there was proper drainage and a commitment from the developer that he would come back with a different system if the ' drainage didn't work out properly. M~. Barrett said this was a pre- liminary approval and the usual rules and regulations were temporarily waived. Mr. Wallace wanted to be sure the people in the area were aware of all matters conce~ning the development so that Council doesn't approve it and when the developer comes in, he doesn't get stymied down the line. Mr. Barrett said this was the z~ason for pre!imina~y approval -- to be able to go out and advertise for a public hearing. Mr. Roberts asked if before final approval was given, there would be a performance bond on the roads. The answer was yes. Mayor Jackson clarified with Mr. Barrett that this development was on a hill so all the drainage wouldn't be going down into Seacrest. Mr. Wallace moved to accept the preliminary plat of Oriole-Pastal and advertise as required~ seconded by Mr. Harmening. There was no discussion. ~4otioncarried 5-0. Recommendation of Planning and Zoning Board Re: Request of Scott & Dickinson (St. Andrews) Mayor Jackson noted that this had been stricken from the agenda several weeks previously and Mr. DeLong said the City in fact quested that they annex. Mr. Kohl referred to his letter for the agenda with all attachments pertaining to this matter in which he recommended that proper procedures be taken to annex this parcel of land to the City. He then read the Minutes of the Special Meeting of the Planning and Zoning Board of November 19~ 1973 ~n which the Board recommended anner~tion. Mr. DeLong moved to accept the recommendation of the Planning and Zoning Board as reflected in their Minutes of Monday, November 19, 1975 relative to the annexation of Scott & Dickinson property adjacent to St. Andrews. Mr. Wallace seconded. Under discussion, Mr. Roberts clarified that C-1 zoning was in accordance with the surrounding area. Motion carried 5-0. NEW BUSINESS None. ADMINISTRATIVE Consider Recommendation of the Board of Trustees of the Employees Pension Board ·; ~ MIArdTES OF REGULAR CITY COLLNCIL FLEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, DECEMBER t8, 1975. M~v. DeLong moved to lay this item on the table as he didn't have time to study the material he was given, seconded by M~. Wallace. There was no discussion. Motion carried 5-0. Authorization Requested for Additional Employe~ Mr. Kohl referred to his letter for the agenda in which permission was requested to hire an electrician for the Bui!dingMaintenanee Department. There is a 9-~eat deal of elect-~ical work that must be accomplished at all City facilities, however, the private electrical contractors are charging $19.50 per hour. Also, there are many times a job must be accomplished immediatelyand there have been three week waiting periods before an outside eleetz~ician could be obtained. There is an individual who will fit in well with the City's plans to improve its facilities at all times. He is an excellent ~leetrieian as well as a good ~:al! az~oundm~n,,, who will accept $4.50 per hour or approximately $9:500 per year. Funds are available for this additional ~mployee in the general fund contingency. Fir. Kohl requested Mr. Kohl co Albers and City, s requ Mr. Wallace by Mr. DeLo: hire this m would be ne Kohl compl~ regard to ~ all other a~ ppreval. np!imented the efforts of the men working under Henry ~larified that this new prospective employee met the [rements, such as electriciants license, etc. moved to accept the City Manager:s recommendations, seconded lg. Hnder discussion, Mayor Jackson felt the City should ~n as quickly as possible and Mr. DeLong noted that it ~essary to hire an electrician as the City is 9~owing. ~. lented the work done under Henry Albers' direction with ~e lighting and fencing around the handball courts and in eas. Motion carried 5-0. B~ch Parking System Report Attached to of be ci reatmon tion that ti next five m( Mr. Wallace everything, cussiOn. ~ Authorizati, Mr. Kohl ref December 4, Mr. Kohl's letter for the agenda was a 12,month summary parking fee system submitted ~y Mr. Char~es Frederick, Rec- ctor. Mr. Kohl concurred with Mr. Frederick~s reeommenda- City continue with the parking fee, specifically for the nths. moved to approve the City Manager's recommendation if as in order, seconded by Mr. DeLong. There was no dis- tion carried 5-0. n Requested for Hse of P.V.C. pip~ erred to his letter for the agenda with a letter dated 197~ from Russell g Axon attached thereto, allowing the use of P.V.C pipe fo~ sanitary sewers. Mr. Kohl recommended that the City allow the use of P,V.C. pipe, type PSM-SDR-35 conforming to ASTM D-5054-73 ~ith the single rubber gasketed compression type designed to prevent infiltration or exfilt~ation equal to the type manufactured by Johns-Manville or Hurricane.. Said P.V.C. pipe being used as an alternate MINUTES OF RE~dLAR CITY COUNCIL MEETINC~ OF THE CITY OF BOYNTON BEACH~ FLORIDA~HELD AT CITY HALL, T~ESDAY: DECEMBER 18, 1975. tO vitrified clay pipe, It was Mr. Kohl's opinion that the use of P.V.C. pipe will eliminate some of the problems encountered with vitrified clay pipe, such as the breaking of service laterals by heavy equipment during construction. P.V,C. materials required for maintenance by the City will not b~ necessary for at least a year because of the one-year guarantee required by contractors. The Health Department, Department of Pollution Control and Palm Beach County are included in the agencies that have approved the use of P.V.C. pipe for sanitary sewers. Mr. Kohl requested Councilt s approval. Mr. DeLong moved that the approval be granted~ seconded by Mn2~ Wallace. Mr. Wallace wanted to verify that everything was in order and there would be no fire hazard involved. Mr. Clark said these were street laterals and Mr. Wallace was satisfied with this answer. Motion carried 5-0. ..Re. port on Bike Paths Mr. Kohl said he and the Recreation Director discussed this and he asked that this item be tabled until the City has approximately one mile to where the Recreation Board would like to have the bike paths because there is just about enough money to provide one mile. Mr. DeLong moved to accept the recommendation of the City Manager and table the report on the bike paths, seconded by I~. Wallace. Mr. Wallace clarified with Mr. Kohl that the City was in communication with other communities and the County regarding bike paths. The Recreation Board has also touched base in these areas Motion carried 5-0. Application for Permit to Solicit - American Cancer Society The application was for the purpose of education and fund raising with a goal of $9:000. The dates of solicitation are March 4-51, 1974 and the name and address of the local chairman or person directing the solicitation is Mr. Ray Pisonero, 211 N. Seaerest Blvd., Boynton Beach. Mr. Wallace moved to grant this permit if everything is in order. Mr. Kohl concurred. Mr. DeLong 'seconded the motion. No discussion. Motion carried 5-0. Approval of Bills Mr. Kohl read the following bills for approval: Miracle Recreation Equipment - Pay from Encumbered Funds 4200-518 (Adjusted) Inv. ~40246 - 10/26/75 $2,863.00 Lauderdaie Contracting Corp. - Special Job 0~' Tom Clark - This work done on First Bank-~.S.1 Pay from ~tility General Fund (Given to City Manager Secretary 12/6) Council Authorization 8/!0/73 2,000.00 MINUTES OF REGHLAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA: HELD AT CITY HALL~ TUESDAY, DECEMBER 18, 1975. Approval of Bills (Cont'd) Trail Ford Tractor Co. Pay out of Cemetery Acct. 2000 Series Tractor $5,491.00 Romano Construction Co. - 11/5/75 Wilson Recreation Center Pay from Capital Improvement Funds and Federal Revenue 8hating 2~000.00 Lee A. Walker Co. - Application ~_~ Period from 10/31/75 to 11/27/73 Fire Station ~2 Pay from Capital Improvement Funds and Federal R~venue Sharing 9,495.00 National Cash Register Co. - 12/6/75 ~4aintenance - 1-year in advance as follows: Accounting Dept. $1,854.65 Utility Billing Dept. $1, 015.60 Pay from budgeted funds - respective budgets Acct. No. 2, 870.25 276 Senior Citizens Friendship Club (From Revenue Sharing Funds) 576.00 Ornelas Crane and Drag Line Semvic~ (Small contractor) For sludge removal at the sewer plant Pay from Acct. 6220-514.29 l, 470, 50 The above bills have been approved and verified by the department heads involved; checked and approved for payment by the Finance Director, funds are available in their respectiue budgets and Mm. Kohl recommended payment of these bills. Mr. Wallace moved to accept the City Manager's recormmendation and pay these bills, seconded by Mr. Harmening. Under discussion, DeLong verified with Mm. Barrett that he was following the correct procedure regarding approval with the contractors. There was then some discussion about the bill with Romano Construction and Mr. DeLong clarified that there was still a good amount to go. Re Walker Construction, Mm. DeLong felt the Fire Department was dragging and he wanted to be sure the City was holding enough back. Mm. Barrett concurred. Motion carried 5-0. OTHER Mr. DeLong wanted to expedite some activities at the upcoming swearing in ceremonies of the incoming Council. He didnttknow whether there would'be agmeement and he didn't thine it would be a violation of the - 17 - MIA~/TES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYA~ON BEACH, FLORIDA~ HELD AT CITY HALL, T~ESDAY, DECEMBER 18, 1975. Sunshine Law if the Chair would delegate Mr. Roberts and Mr. Wallace to act as a nominating committee of two for the rest of the Council and get in touch with the other memJoers as to their recommendations to the various boards. Discussion ensued as to the intent of this suggestion and it was clarified that M~. Watlaee and Mr. Roberts would submit the names in question to the other members of Council after compiling a list. The nominating committee would have a copy of the appointments to be made and Mr. DeLong felt matters could be expedited if the committee would bring in the nominations so the Council could make its selections and vote on them. Mr. Roberts questioned this procedure and Mr. DeLong said everything is subject to change and this was an effort to streamline things. After further discussion, it was decided that a list of names would be com- piled for each ~oard before the next meeting and the Counci3~ members could discuss this at a conveo/ent time. No motion was needed. ~DJOURNMENT Mr. Wallace moved to adjourn, seconded by Mr. DeLong. Motion carried 5-0. Meeting adjourned at 9:35 P.M. CITY OF BOYNTON BEACH, FLORIDA C ATTEST: ~ Ci~f Clerk i8 - PROJECT NO, AD~fHORIZATION TO PEF~WO~d EMGIN~__~ING SERVICES .RUSSELL & City of Boynton Beach P. O. Box $10, Boynton Beach, Fla. 5345S ~ ~s Authorization. Y~ ~ ~qnested to ~rfo~ the e~neer~8~er~ces for the project described bel~ TIT~ OF ~RO~C_ T: Region~ Wastewater Treatment Plant, 12 ~D C~ ~S_ ~CEIPTiON ~_N-D SCOPE 0F?~: Development of 12 M~ secondary wastewa~er treatment pt~t to serve So. Central Region, Delray Beach-Bo~:on Beach areas, in accord~ce wit Water Quali~y ~gement PI~ dated July 1~7S ~d Palm Beach Co~ty~Water Quality ~nag~ent Pi~ Impl~ntation Strategy, Vol. 1 da~ed Sept. 1RTS, as adopted by ~C~ION OF ~G!~NG ~C~ ~QU~ l~O~: ~ea PlYing Board of Palm Beach Co~ ~e I : N/A Oct. 17, 1973. ~e ~: Prep~ation of plus, specificatio~ and contract doc~ents, etc. ~e III: Provide co~lting services as required during correction. ~/or CP: S~eys, resident inspection ~d pe~t documentation necessa~. ~T~ ~ ~/~ ~ 0F C~ION OF ~E ~R ~G~G ~e i : . 4~ of cons~tmon cos~ ~e III: 2~ of co~ction c~: AcCel payroll cos~ times multiplier of 2.S, pt~ m~leage at $0.12 Der ~s__~: ~ ~ P~ss P~ts and ~ ~ ~rk is c~Dleted ~d p~ented. ~ ~S ~v~ A~PJ~D TO C~P~E P~CT ~,'A~ ~GIN~: City ~nager r~r ~A~ FOR CO:~rZO~ OS ~CT: Subject to state ~d federal agencies' schedule ~_ ~_~p~_ ~ON ~ ~n~I~: April 15, 1974 ~s '~thorization r~sents th~ City of Boston Beach's share of obligations for .the sbove-refe~ed-to ~n~er~nE ~e~ices for the regional-facility ~d becomes effective ~on ~xecutlon of ~ identical a~i~ization by the City of Detray Beach. 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