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Minutes 11-06-73~,'iINUTES OF REGULAt{ CITY COUNCIL ~£ETING OF THE CITY OF BOYNTON BEACH: FLORIDA, HELD AT CITY HALL, TLIESDAY, NOVEMBER 6, 1975. PRESENT Emily i.i. Jackson, tviayor Joe DeLonc3, vice Forrest L. Wallace, Councilman Edward F. Harmening, Councilman David RDbe~s, Councilman Fra~¢Kohl, City l~mnager Ernest Siz~n, City Attorney Tereesa Padgett, City Clemk Mayor Jackson ~11 ed the meeting to order at 7:33 P,M. She welcomed the audience and asked them, to rise for the invocation given by Rev. Joseph Caramanno, followed by the Flag Salute led by Counn~man Wallace. Announcements Mayor Jackson ~ead a P~oclamation in observance of Veteran's Day, Novembe~ 11, 1973~ as a legal holiday in the State o~ Plo~idao She c~11ed upon the citizens to fly their flags that day. ~ayor Jackson ar~uouneed that Monday, November 1R, 1973 City M~11. would be closed in honor of Veteran*s Day. F~yor Jackson announced additional voter registration locations other than City Ha]_l for the convenience o~ local residents as follows: Leisure~lle - South Clubhouse, Sterling Village - 500 S. Federal Highway, Auditorium-Clubhouse, Village Royale - 2171 N.E. First Court, Wilson Center - 211 N.W. t~th Avenue. The dates will be November 7, 8~ l~ and 14. Due to the holiday on November 12th, the p~evious dates announced were changed to include November 1~ and 14. Hours 9~11 be between ~:00 P.M. and 7:00 P.M. Mayor Jackson then read a lette= f~om R. B. Vastine, Chair~n of the Planning and Zoning Board: "At the special meeting of the Planning and Zoning Board held on Honday, November 5th, the following r~)tion was unanimouely approved: The Planning and Zoning Board reconm~ends to the City Council the deletion from the a3enda of the November 6, 1975 meeting of the City Council the item of Lehigh Port~and Cement Company because the Planning Zoning Board has not yet advertised for a public hearing as required by ordinance. Hr. Vastine ~sked the ~;~a¥or to announced that the Planning and Zoning Board's publmc hearing~w~ll be held at the meeting of Tuesday, Novembe~ 27, 197~ at 7:00 P.~. I~ediately following that, the Con, unity Appearance Board will have their hearing on Lehigh Portland Cement. It %~ll be b~ought before City Council at the first meeting in De~ember -- December 4, 1973. -1- ~ · ~ MINUTES OP REGULAR CITY COUNCIL ~ETING OF THE CITY OF BOYNTON " BEACH~ FLORIDA, HELD AT CITY HALL: T~ESDAY, NOVEMBER 6, 1975. Mayor Jael'~on referred to the newspaper a~ticles ooneerning sewer and water and announced that as soon as a~l the info,motion has been received f~om the Department of Pollution Control; consulting engineers: Russell & Axon; public accountants: Touche Ross; ar~ financial ad- visers, Wainwright and P~msey, a special meeting will be called for the purpose of advising the general public about the utility rates. Council feels that citizens shou/td be aware of all the facts concerning raising the utility rates which is essential to continue serving the City with sewer and water under the stringent rules set forth by the Department of Pollution Control and other agencies. Mayor Jackson announced that flood insurance may be purchased from insurance agents as of November 8, 1973. She then turned the floor over to Vice }dayor DeLong, who wished to speak on ~ subject. In o~der to apprise Council and the public with certain facto~s~ DeLong said in addition to the vast capital i~3p~ovements program being carried on by the administration at the present time~ other plans are also underway. In conjunction with the Community Appearance Board, the City Manager is attempting to beautify the public buildings which will interfere with several of these plans as follows: A plan is going to be presented to Council to do away with the present un- sanitary showers and rest ~oms at the beach and move the snack bar to modernize the area. i~r. DeLong reoo~nended that Council let the City I~ianaqer use his disoretion in holding off the current plans to plant shrubbery around the present site, since it will be moved at a later date. Another project he referred to was the revamping of the Depa~nent of General Services, wherein the prese~nt garage and o~fices vzi!l be turned into bays, with a new garage and offices to be oonst-~uoted nearby. He then referred to plans regarding installation of more ramps at the public boat launching site and dressing up the atmosphere with trees, barbeque pits, etc., to ~ake it a real picnic area. ~Ir. DeLong moved that the Council let the City Manager use his judgment insofar as accommodating the wishes of the ~ well as which projects should be handled first in regard to beautification. ~ir. Roberts seconded. ~nder diseussion, ~,i~. Wall~ee asked for assurance that the plans and renovations mentioned 9o through the proper channels in the City and that the residents are informed about the changes to take place, l~r. DeLong said regarding the hold-ups, the City has received favorable information about the North Beach with the addition of another 1,10O feet and he is waiting for the awarding of the bids for the public library to See how much is in the till. ~i~. Wallace wanted to be certain everyone was aware of what the City Manager proposes at those times and Mr. ]~ot~l concurred. ~,iotion carried 5-0. ~ir. Wallace asked to have it clarified that extra time %~u!d be given to those who vzished to speak on water and sewer during Public Audience. ~1ayor Jackson said anyone %vishinU to speak on this subject was welcome to do so, adding, however, that Cotuneil did not currently have as much information as would be available at the upcoming specie! meeting. [~IN/1TES OF REC41LAR CITY COI1NCIL I'iEETING OF THE CITY OF BOYk~ON BEACH, PLOP~DA, HELD AT CITY ~LILL, THESDAY, NOVEMBER 5, 1973. hr. O. T. ivieLean asked to speak on the subject after the Public Hearing so he would have more time. ~2[NIITES Regular Meeting - October 16, 1973 ..r. Wallace referred to page 3, paragraph 3, line 4, ~... taken to exclude concrete plans ... '~ should be corrected to read ~... taken to exclude concrete .olants ... ~ Mayor Jackson refer~ed to page 7, paragraph 6, and clarified that the letter received by Ocean P~idge stated ~the propeI~cy was o%~ed by Ocean Ridge~:, not Boynton Beach.. i~ir. Wallace moved that the n~[nutes of the meeting of October 16, be adopted as corrected~ seconded by Mr. Harmening, There was no discussion. 14otion carried 5-0. 1973 .Special Meet%ng - October 30, 1973 Council postponed approval of these 1,~inutes, since they w~re not ready for this meeting. P~BLIC A~DIENCE Noting tb~t two items had been elirm[nated from the agenda -- Recom- mentions of Plarazin§- and Zoning Board re Lehigh and Recommendations of the Charter Revision Com~mittee, Mayor Jackson asked those who %wished to speak on items remaining on the agenda to give their names to Mrs. Padgett. She then invited those wishing to speak on items not on the agenda to come forward. }~r. Thomas Canavan, Sterling Village, noted that Ocean Ridge has become generous in wanting to pay for the fire hydmant services. He felt they had something up their sleeve in wanting to run a 20 inch trunk line down A-l_A to conneet v~th Boynton:s disposal plant. What did they ever do with our acquisition of that 300-odd feet which seemed to have died a quiet death? He said the past Mayor had gotten disturbed when ~. Canavan went to the County Com- mission. Curment members of Council who were sitting at that time~ sanet~ioned the Mayor's letter requesting the Count~; co~ssion not to go along with the acquisition. He asked what the status of the acquisition was and why Ocean Pddge suddenly decided to pay for the ~ire hydrants which the City has been fighting for during the last 13 years. Mayor Jackson clarified that the 300 feet o~ beachfront property has already been assessed by the County and is being extended to 1,100 feet. It belows to the County, but is adjacent to Boynton~s beach. Regarding the fire hydrants, Mayor Jackson said she and I, ir. Tom Cta~khad a meeting %~th the Ocean Ridge City Manager and i'LINrdTES OF REGGLAR CITY COUNCIL ~iEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, NOVE~BER 6, 1973. their City Attorney and they read the agreement which up to that time nobody had known about. It was clarified that Ocean Ridge owed Boynton this money. There was some discussion about an agreement made by foyer Council for a lesser payment, however, Mayor Jackson said she was assured by the City }~i8_~age~ of Ocean Ridge that it was in their budget to pay the amount owed and ~{r. Flynn has been billing them for the full amount. Again, referring to the beach area acquisition: Playor Jackson said it is the County's and a ~epresentative from the State claims this is one of the few spots left in its natural state and some extinct species have been found there. ~ir. Wallace noted this is one of the items ~, DeLong had alluded to earlier and it was also reported in the local newsoapers that the funds were supposedly doubled to the amount which~as o~iginally stipulated ~or the beach in that amea. It was also one of the highest assessed areas found. ~,ir. Deissig, 230 Country Lane, said he was prese~cwith many o~¥~ers o~ condominiums in Pine Point Villas regarding Lehigh Portland Cement. They were never info~med that this item was deleted from the agenda. He v~shed to present Council with a petit~£on signed by residents of Pine Point Villas add residents along Seacrest Boulevard in opposition to cement plants bein~ built %~thin the City and he r~ad the petition aloud: Mr. Deissiq said another petition had been presented to Councm! previously and he understood it had been lost. ~{ayor Jackson said it was not lost but coutdn~t be found at the time it was asked for due to the absence of ~s. Padgett. i¥iro Deissig was assured that the petition would be handled pz~perly. (Applause) ~i~° Harme~ng noted that the Lehigh ease was presently in court and the City has been de~ending its position rather well. 14r. Deissig under- stood it had been tuz~qed do~vn in court and asked why it had been brought up again as the entire Council had been previously against the ad~ittance of Lehigh and Rirdcer. i~r. Simon explained that the lawsuit was for a mandamus action to require Boynton~s Building Official to accept ~nd process Lehigh~s application for building per.~t and also that the Building Official issue the building permit. At the initial hearing, Lehigh sought an Alternate W~it which is one that says, either issue the porn%it or show good cause why not. At that hearing: the Judge ruled that all the requirements preceding the lawsuit filing were not in accord with the ol~inanoes. One o~ the things stated was that in view of the ab- sence of approval by some of the boards and committees of the City as required by the various ordinances, those were conditions precedent that must be fulfilled. ~doreover, the court suggested that the vagueness of the ordi~ce itself was in an area of doubt as to validity. However~ upon rehearing: the Court denied Lehigh's request for an Alternate W~it. Subsequently, upon rehearing, the Court a~nended its order to allow and to require MINI1TES OF REGilLAR CITY COUNCIL MEETING OF THE CITY OF BOYI~CON BEACH, FLOP~TDA, HELD AT CI%~ HALL, T~IESDAY, NOVE~iBER 6, 1973. the Building Official to at least accept the appliea~on cud let it be prOcessed, stating again that the approval of the boards and eom- mittees was necessary as conditions precedent to the issuance. In compliance with that amended order, the City Building Official accepted the application which is currently being p~Oeessed. At this juncture, the Plar~ning and Zoning Board has requested that it be deleted from the agenda this evening because all of the steps of procedure have not been completed, and that is the present status. Gil Eckerd, 2~60 S. Federal Highway, Hampshire Gardens, said Hampshire Gardens has asked that he thank the City after a long request in having completed a reduction in speed limit on ~. S. 1 along the area of heavy population from 45 m.p.h, to 35 F. C. VanDeusen, 227 N.E. 22nd Avenue, said there was a bad situa- tion on N. Seacrest Boulevard where there are two very la~e holes entering into his church yard. He understands it belongs to the Oounty and he has ea~]ed Pi~. Warren on several occasions who pron~is~d the work order vaDuld be issued. However, to date nothing has been done. He asked for advice and 14ayor Jackson asked Mr. Kohl to contact the County Enginee~ about thiS. The address of the problem area was given as 3215 N. Seacrest Boulevard: on the west side of the road. ~.~. DeLor~j asked how the County service compared with the City service and M~. Van Deusen said the C~~ty service is two to one better. ~4r. O. T. McLean, 906 S. Federal Highway, asked if he could speak in Public Audience after Public Hearing as he wouldn't have enough time now. He was given permission. PHBLIC HEARING - 8:00 P.M. Sewer Assessment for N.E. 7th Avenue Mayor Jackson asked if a..yone wished to speak in favor or against this assessment. After no one came forward in either case~ ~iayor Jackson noted it was in the amount of $2~,610 and asked l~r. Simon to read the Resolution in this regard. Mr. Simon read Resolution No. 73-~i for the sewer extension along N.E. 7th Avenue in Boynton Beach. Mayor Jackson~ noting Council had passed this, held a hearing v~th no one appearing before or against, asked ~.~k~. Simon what the next step was. He advised to proceed ~th the adoption of the assessment roll. ~.iayor Jackson said this was also available. ~.~. DeLong moved for the adoption of Reso!ut-ion No. 73-~R$~ and it was clarified it had already been passed -- this was for the assessment roll. Mr. Wa]lace asked if everyone had been notified and Mr. Kohl said yes. ~'~lr. DeLong n]oved to adopt the preliminary assessment roll~ - 5 - i'~i-N~TES OF REGHL~ CITY COLLNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL~ ~dESDAY, NOVEPLBER 6~ 1973. seconded by t~ir. Har~nening. Under discussion, Mr. Wallace asked if the notification was sent out by registered mail. Mr. DeLong said that the same procedure was followed in tl/is instance as with every other assessment rolI in the past. Mayor Jackson noted only four people f~om Boynton Beach were on the roll -- the rest are from somewhere else. ~ir. Ha~mening added that the largest assessments on the roll amc against the peoD!e in Boynton Beach. He felt certain they were aware of this and wouid have appeared to obi eet if they were not in favor. ~ir. Xohl said the letters of notification were sent out on October 19th wD~eh allowed plenty of time for an answer to be returned. Mr. Wallace called for the question. Motion carried 5-0. P~BLIC A~DI~CE (Cont~d) Mr. O. T. }~cLean stated he wished to spe~ on the sewer situation tonight inasmuch as this was the last Council meeting prior to the primary election. He felt this was the most serious situation in the City government today, adding that he did not w~ut to be limited in his remarks as he had something very important to bring out. He said he~s been fighting the sewer system since he became interested in the City's government~ adding that he lost many votes at that tin~ because he called for an adjustment in utility rates ~thin Sterling Village to meet the ra~es paid by the City's homeo%~ners. His informa- tion and intelligence about the n'~tter were questioned and the matter was referred to the Finance Director at that time, who claimed he had no papems to substantiate the information, i~r. McLean felt this con- cession was given to the developer for the purpose of attracting development into Boynton Beach and any references that the sewer situ- ation is a cause of past Councils is false. He felt the situation existed due to fiscal and managerial irresponsibility. As ~. McLean began to go into detail, ~Iayor Jameson advised that he had one minute left to speak, and he said he had requested pez~ission to speak until he was f~r~shed. t~r. Wallace said it was stated at the Special Meetin~ that anyone wishing to speak on this subject would be given amp!~ time and he felt Mr. McLean and anyone else who wished should be oermitted to do so. Mr. DeLong said to ~.~. McLean as long as he wasn't going to be at the forum, he n~y as well spe~ now. As Mr. McLean began to explain why he was evading the forum, l~r. Ha~mening moved to maintain the ~ule of spe~cing for 5 minutes and ~z~. Roberts suggested he continue at the end of the meeting. Discussion ensued as to whethem oD not i~ir. McLean should be permitted to continue and Council agreed to !et him finish his statements within five n~nutes. Mr. McLean read an article he had v~itten in view of his opposition to the present handling of the sewer system. He felt it would no~ be necessary to raise tile utility ~ates if the utility funds %~re kept in the Htitity Fund and not transferred to the General Fund for other uses. (Applause) Mr. DeLong felt everyone was entitled to equal time. Council was still waiting for reports and surveys were being made insofar as t-~y- lng to equalize the rates. The assumption was, and a statement was ~ t~'~dTES OF P~EGULAR CITY CO~NCiL ~.iEETING OF THE CITY OF BOYNTON ~'' ' BEACH, PLOP~DA, I{ELD AT CITY HALL, TUESDAY, NOVF2~BER 6, 1973, made by the fiscal agent to the extent and degree under the present circumstances at the time he made the study: there would have to be an increase in rates in order to go into the market to get a sizable BiDS ~- New Cab & Chassis Trucks w/Trash Scow Bodies (Sanitation) I~. Xohl said Palm Beach Dodge was the low bidder in the amoun~ of ~13, 431. 28. He said $!0~000 was budgeted for this purchase and a transfer of funds in the ~J~ount of $3,431.28 was requested from 2400-514.03~ Tractor, w~hieh has a surplus, to 2400-514.13 to make up the difference. ' ~. DeLong moved to accept the recom~endations of the City l~,L~nager and award the bid to the low bidder, no~ing that he didn'~t see the non-co}~usion ~ffidavit which was supposed to accompany each bid. l~r. KOI%l said he %,~uld make sure this was included in the file. Wallace seconded the motion. Under diseussion, ~,[ayom JaCkson asked that the other bids be read, which idr. ](ohl did as follows: Adams Chevrolet (for two) $14,982.00~ Hauser ~otor Company (fo~ one) $4,930.24 each and the scow body $1,995.00 each. They did not meet the complete specs; Rich i~otors $15,873.58. },~otion carried 5-0. 1 - New 3/4 Ton Pick-Rpw/Htility Body (Fire Dept.) 1~~. ]~ohl recommended awarding the low bid to Ad~_.s Chevrolet in the amount of $5,477.00. He said $5,200.00 was budgeted for this purchase and requested a transfer Of funds to cover the difference o~ $277.00 from 3200-270 to 3200-512.03. He read the other bids as follows: Hauser i:!otor Company $5,477.00 which did not meet the specifications; Pa33n Beach Dodge $5,119.52 with an extra amount ~or the 318 engine and they did not meet the specs; Rioh ~.[otors $5: 743.70. ~. Wallace moved to aeceptthe recon~endations of the City ~danager and award the low bid to Adams Chevrolet~ seconded by ~ir. DeLong. ~nder discussion ~r. DeLong noted as a reminder that he v~u!d like to see the recommendations spread upon the minutes. ~,~otion carried 5-0. .1 - New 3/4 Ton Cap & Chassis w/o Body-(Bldg. }.~ain. Dept.) Mr. ](obl said Palm Beach Dodge is the low bidder on this item in the s/nount of $2,983,07. He said $2, S00.00 was budgeted for tl~is equipment and a transfer of funds was requested from account 2400-514.05 to account 2200-512.02 to make up the difference of $183.07. ~dr. ]~ohi read the other bids as follows: Adams Chevrolet $3,069; Hauser ~.iotor Company $3,053; Rich l~tors $3,254.54. Mr. DeLong moved to accept the reconm%endation of the City P~anager and award the bid to Palm Beach Dodge in the amount of $2,983.07, seconded by Dir. Harmening. There was no discussion. 14otion ca,tied 5-0. " .. MII~/TES OF REGULAR C/TY COUNCIL ~ .... ~ ~ -~ETIJG OF THE CiTY OF BOYNTON BEACH~ FLORIDA, HELD AT CiTY F2bLL~ TLbESDAY, NOVEMBER 6~ 1973. 2 - New 3/4 Ton Tow T~ucks - (Sanitation Dept.) 5~. ]~ohl said Pa3J,% Beach Dodge was the low bidder for these ite~ in the amount of $6,219.44. Funds are available and have been budgeted in account 2400-512.02. He read the other bids as follows: Adams Chevrolet $6,340.O0~ Hause~ Motor Company $3~151.47 each~rmC</ng a total of mo~e than that of Palm Beach Dodge; Rich Motors $6,848.28. ~r. Wallace moved to accept the ~ecommendation of the City l~.~anager and awamd the low bid to Palm Beach Dodge in the amount of $~, ~19.44, seconded by Mr. Robez~cs: There ~.~as no discussion. Mot-ion carried 5-0. LEGAL .Ordinances - 2nd Readinu Ordinance No.73-43 - Re: Establishing Truck Routes ~. Simon read Ordinance No. 73-43 on second reading by caption only -- An O~dinance of the City of Boynton Beach, Florida, Amending Chapter 29 of the Codified Ordinances of Said City By Adding Additional Sub- Section to Schedule VIII of Section 29-2 to P~ovide for the l~ohib~tion of Certain Vehicles on Certain Streets, etc. Mr. DeLo~x3 moved rom the adoption of Ordinance No. 73-~3 on second reading~ seconded by ldm. Harmening. Mrs, Padgett conducted the ro!l call vote as follows: Mayor Jackson Vice Mayor DeLong Cclman. Harmening Cclman. Wallace Cclman. Poberts Yes Yes Yes Yes aye Motion carried 5-0. Ordinance No. 73-44 Re: Bancshares ~-~nnexatlon )lthough it was not on the agenda, ~. Simon read Ordinance No. 73,44 on second reading by caption only -- An Omdinance of the City of Boynton Beach, Florida, Extending the Municipal Territorial Limits of Said Municipality by the A~exation of a Certain Unincorporated Tract of Land Containing Less than Ten Registered Voters, Lying Con- tiguous Thereto and Within Palm Beach County, Pto~ida, etc. Mayor Jackson advised Mr. Simon that the second reading was done at the Special Meeting of October 30th before he had arrived and the Ordinance passed. Mr. Simon recommended it be read again because the notice in the paper said it would be done on this date. Council agreed. - 8- ~2.~dTES OF PdEGULD/~ CITY COU~CIL i~ETING OP THE CITY 0P BOYNT01~ BEACH~ FLORIDA HELD AT CiTY HALL, TUESDAY, NOVF~.'iBER 6~ t973~ Mr. Harmening moved for the adoption of Ordinance No. 73-44 on second reading, seconded by i~ir. DeLong. MayoD Jackson asked if unde~ the new Home P~mle law, she was supposed to ask if anyohe w~shed to speak against this. Mr. Simon felt it ~uld be in the best interest to ad, se the public they may speak on each of these ordinances as they come up for second reading. Mayor Jackson asked if anyone ~ished to speak. No one came forward. Mrs. Padgett conducted the moll call vote as follows: Mayor Jackson - Yes Vice ~ayor DeLong - Yes Celman. Harmening - Yes Celman. Wallace Yes Cclman. RDberts Yes Motion carried 5-0. Ordinance No. 73-45 - Re ~epea_l~ng Sec. 63 of Article IV lvir. Simon read Ordinance No. 73-45 on second reading by caption only -- An Ordinance of the City of Boynton Beach, Florida, Amending t~he },~unicipal Charter of Said City by Repealing Section 63 of Article IV o~ Said Charter, Thereby Providing fo~ the Abolisb3nent of the Position of Superintendent of Public Works and Hti!ities, As Authorized unde~ Chapter 166 of the Florida Statutes, Entitled ~Municipa! Home Rule Powers Act~, etc. Mr. Wallace moved to adopt Ordinance No. 73-~5 on second reading, seconded by Mr. DeLong. Mayor Jackson asked if anyone wished to speak f-~Om the audience. Mr. Harmening said as a point of clarifica- tion under discussion: he asked i~ this ordinance had to be adopted by unanimous vo~e. Mr. DeLong said no, it was not the abolishment o~ a department, but a position. Mr. Roberts felt whethe~ or not this re- quires the full vote of Council, the Council should be in favor of this because it was a step in the right direction. He re£erred to his past opposition to reorge_uization because it was done contrary to Cd, after. In ~act, there was a suit instituted in October because of the action taken and at that time he spoke to the Superintendent of Public Works and he said ~eorganization was long overdue. He ~elt Council should go along with this because everything see~ns to be working out prett%~ well~ Mr. DeLong said Council was not abolishing a departT~%ent. He read from the Home Rule law, Section 166.031, Sub-section 5: ~A municipality may by unanimous vote of the governing body abolish municipal departments provided for in the munieipa! Charter and amend provisions or language out of the Charter which has been judiciously construed to be contrary either to the State or Federal Constitution. ~ ,' , , ~h~dTES OF REGULAR CITY COUNCIL PiEETING OF THE CITY OF BOYNTON · BEACH~ FLOP~IDA, HELD AT CITY HALL, T~ESDAY~ NOVEMBER 6, 1973. He said the Chaunter has provided for a specific position and as seen in the present Charter, the City Council has the authority to abolish offices. He said this is what Cou~%c%l is doing and i~t is not a department -- but a speclfmc pos~tion~ Super_ntendent o~ublze ~or~t=. l/~yor ~ae/~son noted when it came up last year~ she felt/~t was ~ a good thing ~ it should be put to refenendum~ but she was do~ned on the whole thing. Now that Council does have the right, she felt it was long overdue and no one person can do all these jobs efficiently. There was some further discussion as to whether or not this ordinance had to be passed unanimously and interpretation of the Home Rule law. M~. W~%ace called fo~ the question. ~rs. Padgett conducted the roll call vote as follows: }~ayor Jackson Yes Vice Mayor DeLong Yes Cclman. Harmenir~% Yes Celman. Wallace Yes Cc!man. Roberts Yes ~tion carried 5-0. Ordinance NOo 73-q~6 - Re: Amend_i. ng Sec. 49 of Amt-icle IV Mr. Si~n read Ordinance No. 73-46 on second reading by caption only --- An Ordinance of the City of Boynton Beach, Florida, Amending Section ~9 of Amticle IV of the t, lunicipal Charter of Said City by Abolishing the Positions of Superintendent of Public Works and Public Htilities and the Tax Assessor, as Authorized under Chapter lS6 of the Flomida Statutes entitled WPiunieipal Hor~e Rule Powers Act~ etc. Mr. Roberts moved for the adoption of Ordinance No. 73-~6 on second reading~ seconded by ~]r. DeLong. Under discussion, ~,~o Harmening asked if any provision has been made fo~ the collection of taxes other than ad valorem taxes. He felt the wording of the ordinance seemed to abolish the position of Tax Collector. Mr. DeLor~3 said it was clarified previously ~nat the Tax Collector %ould be permitted to remain and it is included. l~s. Padget~ conducted the roll call vote as follows: Mayor Jackson Yes Vice Mayor DeLong Yes Cclma~Harmening Yes Cc!man. Wallace Yes Cclraan. Roberts Yes Motion carried 5-0. irt. Wallace asked the City Attorney if an overall statement could be made to the audience that if anyone %~shes to spe~¢ for or against - 10 - ~' MIN[1TES OF REGULAR CITY COU~¢CIL ~,~E~NG OF THE CITY OF BOYNTON ~ ' BEACH~ FLORIDA, HELD AT CITY HALL, TUESDAY, NOVE~IBER 62 1973. any one of the ordinances on the ag~nda, he or she could be heard or does this have to be done individually. Mr~ Sin~n said as 1on9 as la3_l the ordinances were to be read at one time~ he fel~ that phase of the meeting could be prefaced by stating that several ordinances were about to be read on second reading and if anyone wishes to speak, he may be heard after each is read and before the motion is made. Mayor Jackson then made such an announcement. Ordinance No. 73-47 - Re: AmendinQ- Sec. 41 of Amticte III and Sec. SS of Article IV Mr. Simon read Ordinance No. 73-47 on second reading by caption only -- An Ordinance of the City of Boynton Beach, Florida, ~mendinq Section 41 of Article iii and Section 66 of Article IV of the Municipal Charter of Said City, Abolishing the Duties of the Cit~y Clerk as they Pertain to the ~funicipal Court, as Authorized under Chapter 165 of the Florida Statutes, Entitled ~unicipal Home Rule Powers Act~~ ere. Mr. Wallace moved to adopt Ordinance No. 73-~7 on second reading, seconded by Mr. DeLong. There was no discussion. Mrs. Padgett conducted the roll call vote as follows: Mayor Jackson Yes Vice Mayor DeLong Yes Ccl~n. Harmening Yes Cclman. Wallace - Yes Cel~n. Roberts Yes ~otion carried 5-0. Ordinance No. 73-48 - Re: ~stabl~shzng Persomuel &Table of Organization Mr. Simon read Ordinance No. 73-48 on second reading by caption only -- An Ordinance of the City of Boynton Beach, Florida: EstabliShing Municipal Personnel and Equipment Table of Organization, etc. Mr. Harmening moved for the adoption of Ordinance No. 73-48 on second reading, seconded by Mr. Roberts. There was no discussion. Mrs. Padgett conducted the roll call vote as follows: Mayor Jackson Vice Mayor DeLon§- Cc!man. Harmeninq Cclman. Wallace Celman. Roberts ~otion carried 5-0. Yes Yes Yes Yes ~NUTES OF REGULAR CITY COtINCIL ~ETING OF THE CITY OF BO~{TON 'BEACH, FLORIDA, HELD AT CITY HALL~ ~[1ESDAY~ NOVE~-~aBER 6, 1973. Ord~inan_e_e~No. 73-49 - Re: Establishing Engineering and Ut~l~t-ies Dept Mr. Simon read Ordinance No. 73-49 on second reading by caption only -- An Ordinance of the City of Boynton Beach, Florida, Establishing an Enginee~ng and Utilities Department and Designating the City Engineer as the Ac%~inistrator of Said Depart-ment, etc. M~. Wallace moved to adopt O~dinance No. 73-49 on second reading, seconded by ~ nm. DeLong. The~e was no discussion. ~.~rs. Padgett con- ducted the ~oll call vote as follows: Mayor Jackson - Yes Vice Mayom DeLong - Yes Celman. Harmening - Yes Celman. Wallace Yes Celman. Roberts Yes },iotion ea:~zied 5-0. Ordinance No. 73-50 - Re: Establishing Genemal Semvices Dept~. i~i~. Simon %-ead O~dinanee No. 73-50 on second reading by captioa An Ordinance of the City of Bolalton Beach, F!orida~ Establishing a Genema! Services Departnnent, and Providing for Said Depar~nent to Include Divisions of Sanitation~ Sign Shop, Shop and Garage~ Pamks and Streets, Designating the Superintendent of General Services as Adminis- tmato~ of Said Depai~tment~ etc. l~ir. Haz~nening moved fora the adoption of Omdinance No. 73-50 on second reading, seconded by 1,ir. DeLong. The~e was no discussion. Padgett conducted the roll call vote as follows: }~yo~ Jackson Vice Mayom DeLong Celman. Ha~mening Colmanj Wallace Celmaru Roberts Piotion carried 5-0. - Yes - Yes - Yes Yes Yes .Ordinances - 1st Reading ~oneo .Resolutions Proposed Resolution No. 73-000 - Re: Amending Job Desemiption of ~Superintendent of Genemal Semvices ~r. Simon mead Resolution No. 73-000 on full reading -- A Resolution of the City of Boynton Beach~ Flomida~ Amending the Rules and Fegulations of Civil Service by Amending the Job Description of the Superintendent - 12- ~iIArGTES OF P~EGUL~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON · BEACH, FLORIDA, HELD AT CITY HALL~ TUESDAY, NOVEMBER 6, 1975, of General Services, etc. ~r. Harmening moved for the adoption of Resolution No. 7~-0OO, seconded by ~ir. DeLong. l~r. DeLong mead fzom the new Home Rule law~ Section 166.041~ sub-section 4 and asked for l.ir. Simon's legal inter- proration. ~,ir. DeLong felt it only pertained to the majority of men~oers who shall constitute a quorum. He asked for eolightenment on the portion about roll call vote on both ordinances and ~esolutions: ~The majority of the members of the governing body shall constitute a quorum!~ ... [vir. DeLong noted a body of 5 ~uld be 3 ,.. ~The affirmative vote of the majority of a quorum present shall be necessary to enact any ordinance or adopt any ~esolution~ ... Mr. DeLong noted that would be 2. ~... provided that two thirds of the membership of the board is required to enact an eraergenoy ordinance. On final passage the vote of each mer~er of the governing body shall be entered on the official record of the meetinG. All ordinances or resolutions passed by the governing body shall become effective ...~ on such and such a date. Mr. DeLong said it mentions ordinances and resolutions insofar as a roll call when it comes to a majority, or the quorum of the majority. Would this carry on for resolutions outside of that? Mr. Simon felt there should also be a roll call vote on resolutions as well as ordinanees. Mrs. Padqett conducted the roll call vote as follows: Mayor Jackson Vice Mayor DeLong Celman. Harmening Cclman. Wallace Celman. Roberts Yes Yes Yes Yes Yes 1.~otion carried 5-0. Regarding the quorum in the Council~, Mr. Wallace asked if the new law was in conflict with the present regulations under which this Council is operating as far as Robert's Rules of Order Revised. Mr. Simon said he attended an a~]-day seminar on the new Home Rule law in i~ami with City and County Attorneys from all around the State - 15 - ~INUTES OP REGULAR CITY CO%~CIL MEETING OF THE CITY OF BOYNTON · BEACH, FLORIDA, HELD AT C~TY HALL, TUESDAY, NOVEMBER 67 1973. in attendance. He said the portion he and Mr. DeLon~ disagreed about regarding the abolishment of departments, along with other questions were discussed all day. He found that everyone had the same questions and no one had the answers. Artietes have been written about it and the Attorney GeneralTs office is just star,lng to get opinions out about the new law. Everyone seemed to be in accord to proceed with great caution, look closely at your own charter provisions wherever there are requirements in the cha~ter, if not directly and clearly repealed by this Home Rzkle law, not to close your eyes to those provisions but to follow them as nearly as possible. He felt that no one had the answers to these questions and everyone is g~oping along and hoping that the Attorney GeneralTs opinions will soon be forthcoming as well as rulings through the courts. Mr. DeLong said he followed the letter of the law and agreed with Mr. Simon that a un~Tnimous vote was needed in abolishing departments, however, the Council has oDly been changing titles and not abolishing departments. They still remain, with the same people in the depart- ments and the same duties being performed at the same pay scale, but only the titles were changed. Mr. Simon felt he and Mr. DeLong disagreed in the area where Council was repealing a portion of the Charter 9~thout amending it by putting something in its place. He was concerned that where a function was created by Charter, it was being abolished so far as the Charter is concerned. Mr. DeLong felt there.were six or seven specifics ~re the law was very plain and orovis~ons co~d not be changed~7~ an ordinance~ He enumerated t~em as follows. 1. Effect the exercise of territorial powers on an area which includes lands within and without a munici- pality. This mus= be by referendum; 2. A Special law or municipal charter which effect the creation or existence of a municipality; 3. Terms of elected officers, manner of their election, distribution of powers among elected officers; 4. Matters prescribed by the Charter relating to appointive boards; $. Any change in form of government; 6. Any rights of a municipal government. Mr. DeLong said these are the only ones that specify in the law that must be by referendum of the people. Everything else, as specifically stated in the Home Rule Powers Act, becomes an ordinance to be subject to the same treatment as all other ordinances. You can repeal it, amend it and the law is plain. Mr. DeLong said these particular points in the Charter still remain there and can only be touched by a referendum of the people, including the abolishment of departments, making a total of seven items. He added that there was no restriction to referendum on the abolishment of a department. The Council is privileged by unanimous vote to abolish a department. These are the only six in any City char~er in the State of Florida that must be changed by referendum. - 14 - MIMdTES OF REC41LAR CITY COUNCIL NEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, NOVEMBER 6, 1975. Mr. DeLon~ read further f~om the new Home Rule law: "All existent special acts pe~ainin~ exclusively to a power or jurisdiction of a paz~ciaular municipal- it-y except as otherwise pro~ided in sub-section 4 ... Mr. DeLong said those were the six he just enumerated. ~'... of this section shall become an ordinance of that municipality on the effective date of this act, sub- ject to modification or repeal as other ordinances." Mr. DeLong said that means every special act in the City's Charter shall, exceptin~ those six that he enumerated, becomes an o~iinance, subject to modification or repeal as other ordinances. F~. Roberts suggested going ahead with the roll call vote and then perhaps Fn~. Simon ~ould get an opinion as to whether or ~Dt it can be done on a unanimous basis. Mr. Simon said there was no question as to whether or not there should be a roll call vote and Council should proceed. Fins. Padgett clarified that the Resolution had already been passed. Resolution No. 73-?PP - Re: Centralized Commur~cation System Mr. Simon read Resolution No. 73-PPP -- A Resolution of the City of Boynton Beach, Florida, Expressing the Opposition .of the City Council to the Implementation of the Recommendations Contained in the ~Page Communication Plan" in Palm Beach County, etc. Mr. Wallace moved to adopt Resolution No. 75-PPP, seconded by Mr. DeLong. Unde~ discussion, Mr. Harmening said he was in favor of the resolution, however, it was his understanding that the radio frequencies are so cluttered up that this could possibly be the reason for the State implementing this study. He hoped by passing this resolUtion they would take a good hard second look and if itTs not absolutely necessaz~, the present arrangement could continue to exist. From the audience, Mr. Canavan suggested that Chief Huddleston speak on this subject as he is more informed and v~uld be able to express in plain language what is happening. Chief Huddleston said he and the City Manager attended several meetings and the. object of the game is money. Approximately $7 million were spent making this Survey. In as.l~.ng what it was going to cost the local taxpayer for imPlementing.this system intotheir agency, he never got a figure. H~ didn't l~ke this because the law was passed before the survey was made and no one was advised as to what it - 15 - · MINUTES OF REGIILAR CITY COUNCIL ~¢~ETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL, TUESDAY, NOVEMBER 6, 1973. was going to cost the taxpayer to implement it. He agmeed that in the future there may be some eommupications problems within aDy Police Department but he felt those could be resolved by the addition of .another f~equency to help the local ageneies~ not fo~ someone to come in, pass a law and t~ke over the entire commur,'ications~ leave the local agency with the responsibility of doing a job and then take away the authority. He was not experieneing any great difficulty at the present time and if he does in the future, he will bring it to the attention of Councol. However, he felt all local power should not be relenquished in communieations. He felt it's not going to stop at communications -- the next thing would be centralization of all records. M~. O. T. McLean felt tD~s resolution was one of the finest things done in the City because the residents are not aware that with the current trend of growth that he foresees of 50:000 or better within the next ~o yeams~ if you are not autonomous in the Police Department, you've lost control of the City completely. He prevailed upon Council to keep the Police Depar~ent localized. M~s. Padgett called the roll as follows: Mayor Jackson Vice ~iayor DeLong Celman. Ha~mening Cclman. W~]aoe Cclman. Roberts Yes Yes Yes Yes Yes Motion earmied 5-0. Other Discuss Ordinance No. 69-4 - Re: Canals g P~ivate Lakes Mayor Jackson noted that this ordinance was passed before any of the present members were on Council. She asked }~. Kohl for the status of the canals. Mr. Kohl suggested that Council void and negate this ordinance. He can take care of what the City has now. He has been doing the job of canal cleaning as per Council's instructions at the last meeting. He asked to continue so he wouldn't receive any more phone calls. Mayor Jackson spoke about the problem with the grog~h of the water hiacynths whemein if the City doesn't keep its own canals clean, the Flood Control canals can be affected. She added if any new canals were to be dug, they would come under the Lake Worth Drainage District juris- diction. l~fr. DeLong wanted to be sure that the Building Official was aware of the fact that when anyone came in for a permi~ an agreement was made that a permit wouldn't be granted until he had definite proof that the canals to be dug would be undem the jurisdiction of the Lake },rrNUTES OF REGULAR CITY COUNCIL ~EETiNG OF THE CITY OF BOYNTON BEACH~ FLOKIDA~ HELD AT CItY HALLs TUESDAY, NOVEMBER 6, 1973. Worth Drainage Dis~trict, with that aeknow!edgement by the District. Mrs. Florence ~___ 13_18 Lake Terrace, Leisurevil!e, said her com- munityts canals were a mess. She lives on a lake which no one wants to take care of and asked what to do about it. Mayor Jackson said the develOper at that time was going to take care of it. M~. Vastine concurred. Mr. DeLong asked what happens when the developer goes and Mayor Jackson said thetis just the point. ~ Mr. Vastine said the original Leisure Lake to which Mrs. ~-'- ..... ~, referred was a Caldos project which is Private, even though it does seep into the d~ainage district canal. Basically, that is the responsibility of the community association because that is not Lake Worth D~ainage Distr~ct Property~ but p~ivate property in LeTsure~ille. Mr. DeLong asked if the adjacent property owners owned the lake bottom. M~. Vastine said the community owns it. Mr. DeLong was t~ying to es- tablish that if it's the eommunity~t is private ownership. A gentleman from the audience said it isn't platted: but it's a part of the leased property of the commur~ty association and the ownership is Caldos Properties, Ina. Mayor Jackson remembered asking who was going 'to pay for this and she was told that the association would pay for it. She asked if the people knew it. She was told yes, but there were indications otherv~ise. Mr. Vastine said the same problem existed with the canal going through Leisureville which belongs to the Lake Worth Drainage District and the people don~t realize that when the Drainage District comes through to clean the canal, the sand is dumped right on their lawn. Mrs. ~ said this was a problem. Mr. DeLong said since Council has given the City Manager the authority to go ahead and clean up canals: it would come under this Ordimnce~ No. 69-4. He ~elt the ordinance should either be enforced or if the City Manager is given the authority to break the law~ it should be repealed. Mr. DeLong moved to rescind Ordinance No. 69-4. Mr. Roberts said he had some questions before the ~tion would be seconded. He asked if the ordinance was repealed, would the City service all existing canals and lakes, except those handled by the Flood Control. Mr. DeLong said the Council has authorized the City Manager to break the law: Ordinance No. 69-4. F~% Kohl said it was his job to enforce ordinances but he~s been doing something wrong as ~ar as this ordinance is concerned. According to the ordinance, he~s been cleaning canals he shouldn't have to be doing. Discussion ensued as to what would happen if the ordinance was rescinded ~ l? - .MINVdTES OF REGULAR CITY COL~tCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL: T~ESDAY~ NOVEMBER 6, 1973. and the steps to be taken if new canals were for~ed. It was pointed out that the City is already cleaning canals not covered by the ordinance and a permit v~uld have to be issued for the construction of new canals with the stipUlation that they fall under the jurisdiction of the Lake Worth D~ainage District. Mr. DeLong felt the ordinance either had to be enforced or rescinded. Mr. Roberts suggested there might be some happy medium and asked that Mr. Kohl make a recommendation at the next meeting before moving ahead. It was noted that Mr. Kohl is taking care of all the canals with the exception of those under the Flood Control and that the program takes six weeks. Mr. Kohl said that he had never touched the South Lake Dr~ve canal because it was under the ordinance but after his instmac- tions at the last meeting, he started the program. Ptr. Harmening said it seemed to him. that the people who lived on canals wanted their canals cleaned but do not want to do it themselves. He referred to his suggestion some time ago in regard to sett/ng up a special taxing d/strict fo~ people liviD~ on canals. It woUld be a very small tax and perhaps the tit%, Manager could look into the total cost of cleaning all the canals in the City, the City's tax base, and determine what the cost per averaqe household would be and come back to Council with a recommendation to accommodate the people. He didn't feel that people who do not live on canals would be interested in paying for their cleaning, adding that some people woUldn't clean a canal if it filled up so//d while others woUld like to have them cleaned. It isn't possible to clean one sect-ion without the other. In order to accomplish this on a systematic reasonable basis, he suggested exploring this possibility. Mr. DeLong added that the canals should continue to be cleaned in the meantime. Mayor Jackson said that when certain a teas were platted, there was an agreement made with the City that they were to be cleaned. Harmening said he was aware of that, however, the enforcement of this agreement seems to be rather difficUlt in the extreme. He didn't know of any 9k~y the City could enforce this ordinance on a developer who is long gone, other than the remote possibility it might work out in a few instances. ~/ayor Jackson noted that the people living on canals pay higher taxes and Mr. Hsmmening said that's col~2ect because their property value is more, generally speaking. Mr. DeLong noted that people in other parts of the City are paying for services that they don't derive any benefit from and th/s goes into the make-up of a city. Mr. Kohl said these have been platted stating that the canals will be taken care of by the ownership of a community, such as Leisurevitle. 18 FZINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, NOVEMBER 6, 1973. If this ordinance is voided, what does it do to the recorded plat? Mr. DeLong felt that if a service was going to be performed where previously there had been no service, he didn't think anyone would contest it. Mm. Simon said the repealing of this ordinance efTeots future plats but the plats that have been approved pursuant to this ordinance will still be on the books. ~wtr. DeLong said they were trying to establish where the future plats wouldn't be effected in rescinding a_ud no future permits would be granted until such time as Lake Worth ~ainage District has certified that they would take juris- diction. Mr. Harmening said if thmt was established, there would be very few plats recorded. Mr. DeLong said there was a big problem with Charter Womld coming up. He asked if Mr. Barrett could enlighten the Council as he was aware of the fact that Chamter World was planning to dig canals. Mr. Barrett sa/d Charter World does have plans for some canals, however, they have consulted with Lake Worth Drainage District who has agreed they can put these canals in and Lake Worth Drainage District will take over the maintenance and operation. Mr. Wallace added when the plans were presented, it specifically stated one of those canals was going to be moved in the direction and flow it went into and this was part of the agreement %~ith Charter World and the Lake Worth Dmainage ~strict and also in ~egard to the various agreements that were previously d~awn up when these develop- ments first came to the City. No~ you're saying okay to the taxpayer who's there, you*re going to pay the taxes for cleaning it up,~ He fel.t this was a ~point that ~hould be considered, as well as the possi- b_i~l_~t~o~using ~e canals~as a.water supply fo~ sprinkling lawns~ ~uu.. '~-nere w~re many ra_mifications~ but where the City hasn't had prev~ou.s~.co~.tments as far as developers that were going to take care ,o~f. spec~c_=n~ngs~ Mr. W .a~ace felt those should be isolated from rn~s an~ -e£t to that specific area~ Mr. DeLong felt if the ordinance was going to remain on the books~ one way or the other, this was the proper time to instruct the City Manage~ not to use City equipment or employees to clean any Of those canals effected by that ordinance. You can't have a law on the books and then permit the City Manager to break it. Mr. Roberts asked if it was rescinded, what would be done about future canals. Mr. DeLong said it would have to be put on the books that no permits would be granted until such tim~ as it was agreed that the Lake Worth Drainage District would take them over. Mr. Wallace felt all that was necessary would be to determine which canals would be handled by developers and in liqht of a study that had already been made, list those canals to be %aken care of by the CitY. He didn't recall taking care o~ any lakes. After some further discussion, Mr. Barrett said in regard to private - 19- IfKNTdTES 0F REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON ' BEACH: FLORIDA, HELD AT CITY HALL, TUESDAY, NOVEMBER 6, 1973. canals and the Lake Worth Drainage District, unless these canals are thru-flowing caDmls~ equalizer canals or laterals, then Lake Worth Drainage District will not take them on. All others Wou~d be con- sidered private canals vzith which the City would have to deal. Mr. Bar~ett said he didn*t 'know how many canals existed in the area. Mr. DeLong felt those with jurisdiction could devise a plan wherein all the canals eventually joined into the District. He couldn't see why ce_hals should be constructed within the City if they weren't going to be tied in vz[th the Distr~ct so the people would benefit and not have to be concerned with flooding. Mr. Barrett didn't see any area except west of town where there are lateral canals running east and west, that any canals would be dug except equalizer canals beteen the laterals which would alleviate the flooding. This Would be under the jurisdiction of the Lake Worth Drainage District. A~ter some discussion about Charter World, Mayor Jackson asked who would be contacted by anyone wanting to dig a canal and Mr. Barrett said there was a regulatory agency. Mr. DeLong felt there was an environmental group also involved and asked Mr. Barrett to find out who the controlling agency is. In an effort to clarify both the City Manager's and Council's position, Mr. Harmening agreed with Mr. DeLong's motion regarding rescinding this ordinance No. 69-4. Perhaps a new ordinance could be drawn that would be a little more applicable. Mr. Simon pointed out that no matter what action Council takes with regard to repe~ling this ordinance, there were still plats on the books that have already been approved containing this very language. If they are there, the City is still facing those same plats (as long as they remain on a recorded plat) ... because the buyer, grantee, or assignee of the developer is the one that assumes the responsibility. Mr. DeLong asked what the legal procedure would be if those people effected at the time that these plats were adopted have no knowledge that this expense was going to be passed on to them. He felt this wasan example where the developer makes his money and leaves behind the headaches~ f~ustration and expense. P~r. DeLong~s opinion was that these people were duped and he asked what redress they had to get their canals cleaned because as residents of the City, they were entitled to all the assistance possible by this administration. ~r. Simon said that would apply whether or not this ordinanoe was on the books. Mr. DeLong asked if the recorded plat can be changed or amended or what? He asked if the City Attorney could research this. After some discussion, Mr. Simon said this was a question the property owners themselvesshould ask their ov~ counsel as the City is not a party in interest to it. - 20 - · MINUTES OF REGLbLAR CITY COLLMCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL~ ~dESDAY: NOV~iBER 6, 1973. FrOm the audience: Mr. Tom Canavan felt the answe~ lay with the Board of Internal Improvement Trustees which has a legal ~epresenta- rive next to the Harvey Building in West Palm Beach. They also have an office in Riviera Beach. This Board covers the a~rested captive waters. He was refer~ed to this body on a previous occasion and he felt the Council should contact them. After discussion as to whether or not this would be the course to follow~ Mr. DeLong said it was necessaz~y to find out who has jurisdiction over the recorded plats. After some discussion among Council about mesolving this situation, Mr. Wallace noted that this was not the first time the City Manager has fo/lowed a double standard. He felt there were a ntm~er of ordinances presently on reeo~d that were selectively enforced fora one reason or another. He felt by simply giving the City P~nager administrative powems at this time regarding the specific canals mentioned previously~ not including those p~vate lakes o~ areas now in question, there would be no prOblems until this matter was settled. In other words~ the City should abide by the present ordinance by placing various restDictions on the City Manaqe~ as to the various canals that he is going to be required to e. lean up. The a~eas with q~estions as to whether the City should or should not e_lean, such as private lakes~ should be left alone until it is furthem clarified. Fi~. DeLong said Pit. Kohl knows which a~eas are subject to be taken care of by either the corporations o~ the City. ~lr. Kohl concurred. F~. DeLong clarified that he was trying to establish the fact that regarding those a~eas privately or corpomation~ owned comir~ under the jurisdiction of this ordinance~ the City Manager was to follow the letter of the o~dinance. M_~. Waltaee disag~eed~ stating there is a question eonoerning those and until it is clarified, it is not a p~oblem of the City. Afte~ some furt~her diseussion~ it was clarified that the City Manager~ in follov~ing the ordinance~ knows which canals should be cleaned by the City and which canals should be cleaned by the corporation. ~tvs. ~=~'"~-~ ~.~=~= of he~ prOblem in trying to locate people with the proper equipment to olean the canals. Mr. DeLonq pointed out that the City~ must follow the ordinance because it was p~edicated upon the recorded plats and relief by the .pr. opez~yy owners must be soug~ .~ by an outside attor.ney. Mr. Simon sa~d ~nyone who buys property/~Ue~ these plat rest~ictions~ assumes that responsibility. Enforcing the ordinance does not say the City shall or shall not go out and clean the canals. If the City chooses to take on an additional responsibility, that's something else but the enforcement of this ordinance simply ~equires that a plat include this responsibility assumption to the developer and its assigns. ~.~r. DeLong said when the developer is here, the City can attempt to enforce that ordinance -- what happens when he is gone? M~. Simon said the buyem in purchasing the land subject to those conditions takes ovem from the developem -- just like a mortgage. It was clamified that the omdinance is just as effective upon the o~a%em of the propemty as it is on the developem. Mms. ~asked if at anothem meeting undem New Business, the possibility of paying ext-~a taxes to have the canals and lakes cleaned ooutd be brought up. She felt the lakes and canals weme b~eeding mosquitoes and mats and hop. ed theme was pride in the City. Council discussed the possibility of following Mm. Ha~mening's suggestion which was thought to be quite measonable. Mm. Kohl was asked to bluing some pemtinent infommation to the next meeting. Mr. Kohl elamified that nothing could be done about the odom surrounding canals. OLD BUSINESS Considem Annexation Request fmom Scott $ D~ekenson (St. Andrews). Pim. Kohl ~ead his lettem for the agenda, ~eviewing the Council's inst2uctions to him of ~y 15, 1975, dimecting him to determine if St. Andrews, who mequested water and se%rem semvice at that time, was also interested in annexation. He refem~ed to the Minutes o~ tb~t meeting, pages 52-54~ as well as the City's lettem to Scott & Dickenson of May 25, 1975 and their mesponse of Octobem 25, 1973. Inasmuch as much time has elapsed since the original mequest, the department heads involved weme asked to give an up-dated ~ecommenda- tion, copies o~ which were given to Council. _~L~. Xohl concummed with rheim mecommendations and mequested authority ~rom Council to advise the City Attomney to take whatevem action deemed necessar~ to annex this parcel of land to the City o£ Boynton Beach. }~. ](obi r~ted that this was a small pamcel on A-iA where a new office building was to be .constructed. Noting the majom responsibilities of utilities amc within the City, Plm. Wallace said i~ these people, along with Briny Bmeezes, weme issued a contmact fora annexation and then the mates were maised, what would the ~eelings of people be in eemtain ameas? He cited the example of the building across from City Hall where theme weme possibly 5,500 hook-ups and possibly 5,000 o~ mome weme cut undem contmact. This means if it was b~ought back into the City, theme would be an extra 5,000 hook-ups. He ~elt even though it was a very small point, it was impomtant at this time as ~am as the implications, that it may have two other actions that a~e taken by the Council this evening. Mm. Roberts said this has been cleared with the consulting engineers and othem departments and being a small pareel, it's a question mostly o~ sewers and it seems that Russell S Axon ~elt theme was no pamtioulam problem in annexing such a small unit. Mm. DeLong noted that it was this Council which did not honom St. 22- PLINIITES OF REGULAR CITY COUNCIL ~iEETING OF THE CITY OF BOYNTON 'BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, NOVEMiBER 6, 1973. Andrews' orig/nal request for service until they petitioned to be annexed. Mr. Wallace asked if there was a lift station involved. Pit. Kohl said no: there was a lift station at St. Andrews already. The two reasons these recommendations were made-- this is contiguous to St. Andrews and the water and sewer would be negligible. Mr. Wallace said maybe if we keep whittlin~ away, eventually we'll get everything over on the east side of the ce_ual back into the City. ~ir. Roberts moved that the City Attorney be instructed to follow the necessary procedure to comply with the request of annexation from Scott $ Dickenson for St. Andrews, seconded by I~. Harmening. Under discussion, Mr. Simon said in the most recent annexation, the course and the order pursued was to include referring the matter to Planning and Zoning for recommended planning and zonin9 elassifioation and he assumed this was the procedure to follow. Council concurred that the same procedure should be ~ollowed. Motion carried 5-0. Discuss Organizational Meeting - ( Vice Mayor DeLong) ~ir. DeLong said in looking over the Charter, he recalled what Council went through on organizational day and this year there would be a longer period of time to wait -- about 7 days. He felt this should go back to the City Attorney. Mr. DeLong interpreted that Council could change the day of swearing in by amendment in that particular Charter because neither the term nor the manner or fashion was being changed. Mr. DeLong read Article ii, City Council, City of Boynton Beach, Section 15 on page 20: ...~shall assume office on the first Monday in January followingtheir election ...~ Note: The first Monday in January, 1974 fa/is on the 7th day of the month. Mr. DeLongnoticed that the Charter Revision has said that the swearing in day shs]~ be the first Tuesday in January. The first Tuesday happens to be the first of the year -- we're in just as bad a fix. Mr. DeLong recon~nended amending Article II, City Couna~.], Section 15 as follows: .... '~shall assume office on the first working day a~ter the first day in January follo%~ng their election~.~. Mote: By tP~s amendment, the longest delay to organize Council would be over a weekend. If it fell on a Friday, Saturday or Sunday, organization would be on a Monday. If it fell on Monday, omgam/zation would be on Tuesday, etc. There were seven days now bet~een the swea~ing in ceremonies for the people who would be elected to the Council this comiHg December. - 23- FLINUTES OF REGULA~ CITY COUNCIL ~MEETING OF THE CITY OF BOYNTON ~EACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, NOVEMBER 6, 1975. P~. DeLoD~ said he didn't touch on the a~ea of the Municipal Judge, as he was trying to get an organi.zatio,nal ,da~e:..He~ had~?pie~s_o_fk his proposal for each member of COUDn~I anG as~eG tna~ sr. b%mon zoo it over to see if this can't be done by ordinance in time to be effective for next January. M~. Roberts said he was definitely in favor because it had been discussed before because as of now, Council had to meet on New Year~S Day, on Sundays and Saturdays which he had never heard of an organiza- tion or corporation doing. Mr. DeLong said he was a little displeased with what took place last year as the~e was no organizational set-up. In view of the fact that no set procedure exists for organizing the incoming administration, ~dr. DeLong moved that the City Manager be instructed to prepare an organiza- tional agenda for the next swearing in ceremonies, a sample of which he now submitted as a guide, and that the City Attorney be instructed to check out th~ legality of that particular amendment regarding the delay to organize Council. If it is found to be Iegal within the new Home Rule law, he should come back with the necessary ordinance at the next meeting to be read on first reading to get under the wire ~or the first of the year. Mr. RDberts asked if the day was included and Mr. DeLong said no, the day is being given to the City Attorney, not to the City Manager. If it doesn't conflict with the provisions of the new lay; which Pit. DeLong said he looked over -- there are ooly two things that can't be done. One is to change the term and under Section 15, it specifi- cally states that the term sh~]~ be two years. The term is not being changed, just the day of taking the oath of office. In regard to the Charter where it says the Judge must be appointed on the first Monday in the year (which is what caused the w~hole prob- lem last year) and he serves until t_he f/rst Monday of the following year, Mayor Jackson asked if this could be changed by ordinance, too, so that it says the first meeting and perhaps that he serves at the pleasure of the Council . .. Mr. DeLong said there's nothing in that law that says it can't be done. That law pertains to matters prescribed by the Charter relating to appointive boards. This is an individual position which could be by ordinance. Mr. DeLong moved that this be included in the above motion. Mr. Roberts seconded the motion. Motion carried 5-0. Junior ~Dmen~s Club - (Vice Mayor DeLong). Mr. DeLong noted that civic organizations over the years have become~ the history of all municipalities. He was surprised and made aware of the activities of the Boynton Beach Junior Women's Club when he attended a coffee by the Chamber o~ Commerce in their honor. He has never come across a group that has b~en performing a service for this 24- ~NWdTES OF REGULAR CITY COUNCIL ~ETING OF THE CITYOF BOYNTON BEACH, FLORIDA~ HELD AT CITY HALL, TUESDAY, NOVEMBER 6, 1975. community such as the Boynton Beach Jr. Women's Club. He was so impressed that he requested a copy o£ the accomplishments for which they were honored. He requested that their activities be made a part of public record. Council agreed. Mr. DeLon, said some of the accomplishments of the Boynton Beach Jr. Women%s Club other than the Miss Boynton Beach Pageant include: A Community improvement project: it is a t~x~-year project that lasts for city beautification which included buying shrubs for the cemetery, Veterans Park, North ~ntrance to the City, painting the ]~idd/e Park, installing a fountain there and placing a clown head on the t-~ash can. Two years previous, the Juniors purchased blazers for the Boynton Beach Jr. H/gh School band and worked many bourns at the day care center. They have also purchased all the equipment for the Kiddie Park and also at the RD/ling Green Park. On mental retardation, they have three adoptees at the Sunland Training Center and they send special gifts and cards to each on Christmas and for birthdays. They have visited the Center in Mia~, they work with the children at the Churc~h of the Palms in Delray, they have purchased a popcorn popper, aquarium, rug and tumbling mat for them; also col- lected used tricycles and donated them for the children's use. Parties are held on holidays with club members baking the treats and also assist the teacher on that day. They have sent several retarded eh/!dren from this area to summer camp and also to the Special Olympics at FAU in Boca Retch and Gainesvi/le. A member chaired and others helped with the Plo~ida Association of Retarded Children~s Convention mn Palm Beach. On education they give a $300 scholarship to a deserving student in this area to help him or her further his or her education. For several years they-have donated equipment and books to the City library and each summer helped with the cMildren~s reading hour~ sponsor a Teacher Appreciation~ Fireman and Policeman Appreciation Day. They have helped find jobs for Boynton youth during the summer months, worked with the City on Rid Litter Day and stretched conservation by collecting newspaper and cans for recycling. They have aided the Agate Center, Boy Scout Hut and Bethesda Pediatric Ward, visited and played Bingo at the Boulevard Manor Nursing Home. They made a contribution to the City's Liberty Bell Fund and to Aqua Trust Fund. They have sponsored a political forum to acquaint the people with the candidates. They are sending clothing and medical supplies to an orphanage in Vier Nam. In cooperation with the Fire Department they are distributing Tot Finder decals to be placed on children or invalids~ windows or doors so that should a fire strike, the decal alerts firemen to clear marked area first. Two of their special p~ojeets which they enjoyed very much were a Bucket Brigade for the ~.~Lark Lankin Fund from which they collected about $560.00 and a spaghetti dinner for the Barbara Lopez Fund which made a profit of about $800. - 25 - ·. ~NTdTES OF 'REG~,LAR CITY COIiNCIL ~EETING OP ~HE CITY OF BOYNTON BEACH, FLORIDA~ HELD AT CITY HALL, T~ESDAY, NOVEMBER 6, 1973. Besides local projects, they support the State pzojects of the Florida Pederation of Women's Clubs such as Hacienda Girls~ Ranch in Melbourne, Plo~ida, National Kidney Poundation, CARE, Radio Pree Europe and Ship Hope. This is o~ly a sample of the projects and concerns they have undertaken. Mr. DeLong said he was proud of them. They hope to accomplish more in the future. }iv. DeLong said besides making this a matter of public record, he felt it was enoumbant upon this Council to ~ecognize them and he moved to have some kind of a plaque presented to this outstanding 9~oup of young women for the activities that they have been, a~e now and ~ll be engaged in during the. future. Mr. Harmening seconded the motion. Mayor Jackson added that they've done a marvelous job and asked them to stand. (Applause) Mayor Jackson asked if any of the Council would like to comment. Mr. RDberts said when he first met them two years ago during the Miss BOynton Beach Pageant, he asked why they didn't run amongst themselves as they were well qualified. Mr. Wallace said under discussion, it has been bandied about for five or six years and he felt the Co%~ncil has been leaning more in this direction -- that they had a building in whieh to hang their plaque, especially in light of the Beauty Pageant which has been recognized as one of the nicest. Mr. RDberts suggested that Fir, Wallace would like to start off %,~th a contribution and Mr. Wallace said if it will help, he would do so. If this Council will go on record and specifi- cally state that if given a plan for an auditorium to be built and started within a framework of three or two yeaDs~he would give the first $100. It is something that is needed. Mr. DeLong said that wasn't included in the motion. Council then voted on the recognition of performance of the Jr. Women's Club by the presentation o~ a plaque. ~tion ear,led 5-0. ~i~yor Jackson designated Mr. Wallace as a committee of one to get the information as to price of the W. Palm Beach auditorium. That v~uld not be what is required here, but it would be a ~ood idea to find ou~ how much an auditorium would cost and she noted the auditorium in Village Royale on the Green. Mr. Wallace said he would proceed. NEW BUSINESS Receipt of Nominating Petitions ~s. Padgett read the list of nominees who have filed nominating petitions for election to City Council in accordance with Sec. 8-6 of the Boynton Beach Code of Omdinances: 26 - MI~UdTES OF REGULAR CITY COtkNCIL MEETING OP THE CITY OP BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TLIESDAY, NOVEMBER 6, 1973. 1. Stephen M. Kochakian 2. O. T. McLean David Roberts 4. F~ederi'ck Pi. Smith, Jr. 5. Norman F. St~nad John Prank White 7. Garry W. Winter All nominees have sworn under oath that they a~e duly qualified to hold office, and have: Piled Nominating Petition containing at least 25 signatures of registered voters of the City 2. Paid $10.00 Piling Pee Registered to vote. Mr. Wallace moved to accept the nominations of the candidates, seconded by Mr. DeLong. Motion carried 4-0; Mr. Roberts abstaining since he is a candidate. Mayor Jackson then read a P~oclamation that a Primary and a General Election for t~ (2) Councilmen will be held in the City of BoyntOn Beach. The Prima~y Election will be held on the 20th day of November, 1973 and the General Election will be on the 4th day of December, 1973. Voting hours are between 7:00 A.M. and 7:00 P.M. on said dates. The polling place of the South Precinct is hereby designated as the Civic Center, 128 East Ocean Avenue and the polling place of the North Precinct is designated as Royal Palm Village Recreation Center~ 554 N.E. 22nd Avenue. Consider Appointment of Election Board Mrs. Padgett read the list of those who have asked to serve on the Election Board for the Primary Election of November 2C, 1973, noting that twenty-five people were needed: One (1) Clerk and One (1) Deputy for each Polling Place and seven (7) Inspectors for the North Precinct and fourteen (14) Inspec- tors for the South Precinct The following have asked to serve on the Board: North Precinct 1. Jean Pipes, 658 Manor Drive 2. Lily Madsen, 214 N. E. 14th Ave. 3. Prances Van Dever~er, 3165 E. Atlantic - 27 - ~I ~I~TES OF 0~' ~ BEACH, PLORI~ AT :C~TY ~;' :TLIESDAY,:'NO~ER 6~ .1973. 4. David M~ Signs, 22S N. W. 6th Ave. $. Dorothy R. Lewis, 149 N. E. 16th Ave. 6. Emily Sinclair, 1CS S. Palm D~ive 7. Gladys Iseoe, 2~]~ N. E. 1st Ct. 8. Marie J. Mellon, 914 N. E. 7th St. 9. Pearl Berman, 261S N. E. ist Ct. 10. Juanita Meeks, 415 N~ E. 12th Ave. ll. Helen Brull, 127 N~ E~ tSth ~ve. South P~ecinct t. Erna Weaver, 322 S. W. 8th Ave. 2. Eleanor Puffer, 126 S. W. 9th Ave. 5. Kathryn Plook, 36~5 S, E. 2nd St. 4. Max J. Rothmar~ 520 C. ~iain Blvd. 5. Frances Fry, 1051 S. W. 25th Ave. 6. Emily Thrift, i005 Ocean ~ve. 7. Marge CaD~van, 580 Horizons W, Apt. ~205 8. Helen R. Wilson, ]]11 S. W. 24th Ave. 9. Mary A. MacFarlane, 134 S. W. 15th Ave. 10. Mae Ampol, 255 B~ South Blvd. 11. Panda Moore, 2829 $. Seacrest Blvd. 12. Irene Sheridan, 454 S. W. 5rd Ave. 15. Julia Ahoe, 2380 S. W. 8th Ave. 14.. MLi~' McConne~l, 25~0 S. Federal Hwy., Apt. 15. PLildmed O'Boyle, 1002 S. W. 4th Way 16. Joseph Ruttle., 510 B. F~ain Blvd. 17. Kath~yn W. Atkinson, 108 S. W. 14th St. 18. Marion K~etser: 312 S. W. 9th Ave. 19. Marie Keller~ 1000 S. W. 4th Way 10 Mr. DeLong said he did not want to upset the equilibrium of past prooedures insofar as this particular system is concerned. He under- stands what the Charter trolls for. This is an adopted system which he sees no reason to upset; everyone comes in and files their name. They are taken in orde~ and this is the way Mrs. Padgett lists them. Mr. DeLong moved to accept this list and these people be appointed in numerical order. I~ the list becomes exhausted for reasons unforeseen, Mrs. Padgett is then privileged to go on the outside and try to engage the services o~ othem people. Mr. Wallace seconded. Mayor Jackson asked if this was the number of people needed at the polls and Mrs. Padgett said the~e were a few extra, which was good as there were often cancellations. Pk)tion carried 5-0. ADMINISTRATIVE Request for Emergency Purchase of Chains at Sewer Plant Mr. Kohl requested Council's approval to make an emergency purchase of various sizes o~ chains for the Sewer Plant, so that we may replace all sludge collector chains. - 28 - MI~-dTES OF REGULAR CITY COUNCIL MEETt~ OF THE CITY OF BOYNTON ~EACH, PLORIDA, HELD AT CITY HALL, ~dESDAY, NOVEMBER 6, 1975. The request for this ehainwas issued today and we were advised to o~der it right away. ~hlnds~a~e available for this in the budget under account 6220-274 (Equipment Repairs) in the amount of $30,000.00 - 1975-74 Budget. If we go for bids on this order, which will be for approximately two to three thousand dollars, we would incur too much of a delay, and this is an urgent need. ~'i~. Hazlnening moved to grant the City Manager's request~ seconded by Hr. DeLong with the request that this be spread upon the minutes. There was no discussion. Motion carried 5-0. Consider Request of Briny Breezes Fie. Wallace noted that he had alluded to this request earlier and asked if this would have any bearing wbmtsoever on what was forthcoming from the engineers regardin~ rates, etc.- If so, he asked that this be deleted and postponed until suoh time as that study comes forth. Mayor jackson said Mr. Flynn has been working on this. She noted that Briny Breezes not only has trailers over there, but shower ~ooms and laundries and they sprinkle their lawns and she felt a lot of water was Being used. Mr. DeLong felt it would be advisable to wait until such time as the new rates were forthcoming before any action was taken on this. Mr. Wallace moved to table this item, seconded by Mr. DeLong. There was no discussion. Motion carried 5-0. Consider Request of Senior Citizens Friendship Clu~. Fir. Kohl referred to a request for an additional employee for the Senior Citizens P~iendship Club, i.e. an Assistant Cook at a salary of $17.00 per week. He recommended approval of this request to be retro-aetive to October 22, 1973. Funds are available f~om Federal Revenue Sharing. Mr. Wallace moved to accept the City Manager's recommendation, seconded by Hr. DeLong. Under discussion, Hr. Wallace noted this was for the hiring of another cook. Pbtion carried 5-0. Recommendations of Charter Revision Committee h~yor Jackson noted this item had been deleted from the agenda, however, she stated that the Charter Board has asked to~ meet with Council and she spoke with Mr. Simon about getting this advertised before going to referendum. After some discussion regardin9 the number of days involved, Mr. DeLong sa%d when the meeting was held with the Charter Revision Board, there were only two ways the Charte~ could be amended -- one, by Council accepting any recommendations they may offer if it can be worked out to what everyone believes is best for the City -- which would - 29- MINUTES OP REGULAR CITY COUNCIL METING OP THE CITY OF BOYNTON ·EACH, FLORIDA, HELD AT CITY HALL, ~dESDAY, NOVEMBER 6, 1973. be by Ordinance, and the other way is byl0% of the registered voters. The Charter Revision Board will have to make its recon~nendation to Council who in turn will have to analyze it. After some discussion, it was decided that the~e be a joint Special Meeting between the Charter Revision Board and the City Council at City Halls Tuesday, November 1973 at 7:50 P.M. if this was agreeable to all concerned. Mr. DeLong felt there %~ouldn't be enough time in any event to get any of these items on the ballot this December. Change Orders for Various City Projects Fr~. Kohl submitted the follo%.~ing change orders to Council, for approval~- He said he had tentatively authorized these change orders since the additional work was necessary. He noted that the prices were not too high and requested approval for the record so he could proceed in order to expedite these projects: Proj eec. Fire-Sub Station Contractor Lee Walker/Whiteside Const. Co. ~nge Orde~ ~1. two (2) 3/49' elect, lines for Air Compres- sor & welder Date P~ice 10/22/73 $g0.00 #2. 30~ Teleph. line to kitchen 10/22/73 20.00 Animal Control Center McLarenConst. Co. ~l. Alt. Roof t~usses ~2. Install Air Conditio net ~3. Twenty (20) Metal doors ~4. Add extra thickness 2 edges ~5. Less wood doors (credit) ~6. Install 3 rolls of asbestos felt fo~ roof Add to above 10%Contractor overhead & 10% Contractor Profit Addition to Romano Const. Co. ~1. Eliminate 9/12/73 53.00 Wilson Rec. windows on N. Ctr. side. ~2. Waterproo~ 9/12/73 360.00 and stucco exist- ing southside. 7/13/73 489. O0 9/26/73 10/9/73 110.76 10/~-/73 15. O0 10/S/73 - 63.00 10/10/73 15.75 Mr. Wallace moved to approve the City ~,Lanager~s recommendations, seconded by Mr. DeLong. ~;w. Kohl added that the Building Officials have been on 30- MI_~R/TES OF REGtLL~R CITY COU~CIL MEETING OF THE CITY OF BOYNTON BEACH, fLORIDA, H~LD AT CITY HALL, TUESDAY, NOVEMBER 6, 1973. the job checking up which is the reason' for the change orders. Motion carried 5-0. Budget Adjustments Mayor Jackson noted that Mm. Fiynn had made certain adjustments to bal- ance the budget for last year and set up balances to be ~ransferred to surplus or capital improvement aceounts. She said Council had ap- proved this and asked if them were any questions. Mm. Flynn reeo~ mended these adjustments so that year end budgets may better reflect expenditumes for the record within the departments for the past year. Mr. DeLong moved that these adjustments be approved, seconded by Mr. Harmening. The~e was no discussion. Motion eazTied 5-0. Mr. DeLong requested these recommendations be spread upon the minutes. They are attached hereto and made a part hereof. Application for Permit to Solicit: Junior Woments Club - t4iss Boynton Beach Pageant November 19, 1973 - January!9, 1974 Seventh Day Adventist Church - Humanitarian Purposes November 17, 1975 - December 51, 1973 Mayor Jackson suggested voting on these items together. Mr. Wallace moved that these applications be gmanted~ seconded by Mr. DeLong. Under diseussion~ P~. Wallace said usually when a solicitation for humanitarian purposes was received, the amount of money that would stay locally was listed. Mms. Padgett noted this was a local benefit~ as the Seventh Day Adventist was a local church. Mr. Roberts asked why this didn't come in on a regular form. Padgett said the church normally is exempt from the application to soli- cit and the ~equest came in the fo~m of a letter as it does each year. The funds solicited will be used for the humanitarian work of the church in areas of community services rendered, education and mod/cat work. After some discussion, ~ir. DeLong noted that they were complying with the ordinance on the books (No. 64-7) end this is what counts. Motion carDied 5-0. Request Emergency ~/rchase of T~actor for Cemetery Mm. ]~ohl referred to the request received from the Cemete~ Board for purchase of a t~actor, inasmUch as the present tractor is very old and pa~ts are either obsolete or difficult to obtain. He recommended purchase be made from T~ail-Pord T~actom Company in the amount of $3,491.00. Monies to be taken from ~he Cemetery Fund. Delivery: momentarily as they are on their way by rail. 31- MINI1TES OF RE~dLAR CITY COU~NCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, NOVEMBER 6, 1973. Kohl requested Council's concurrence. Mr. DeLong asked Mr. Kohl to read the verbal bids which were received and he did so as follows: Item: 35 HP Industrial type rubber tire Tractor w/3 point hitch. Vendor Diesel Engine Delivery Engineering Mech. Co. $5,800. 60/70 days South Florida Parts (DeMarco) 500. 2 weeks Trail Ford Tractor 3,491. Any day (wait- ing for deliv.) Palm Beach Tractor Does not meet above requirements. Mr. DeLong moved to approve the recommendations of the City Manager, adding that they be spread upon the minutes, seconded by Mr. Roberts. There was no discussion. Motion carried 5-0, Mayor Jackson noted this was the Cemetery Board and asked if the City went out on other verbal bids. Mr. DeLong clarified that this was an emergency. Mr. Kohl said he might bring any kind of emergency to Councilj He would have the Purchasing Agent call different places to see what the City can buy and at what price, and try to get the low price, even on a c~3 bid. He said the same thing is done as required under law, but is done in emergency fashion. Approval of Beverage License This was in regard to a Beer-Package Sales only license as applied for by San-Bill Enterprises, Ina. for the Boynton Hoagie Hut, 1455 N. W. 2nd Avenue, Boynton Beach. This Certificate of Zoning Approval was authorized by Jack Barrett, Building Offieial~ as this location does comply with local zoning ordinance for the sale of alcoholic beverages as stated above. If everything was in order, Mr. Wallace moved for the approval of this license, seconded by ~, Harmening. There was no discussion. Motion carried 5- 0. Approval of Bills Mr. Kohl read the following list o~ bills for approval: 1. McLaren Construction Co. $ 10,663.56 Ddg Pound Pay from Capital 'Imp. Funds & Fed~ Rev. Sharing 32- MINUTES OF REGULAR CITY-COUNCIL ~ETIk~ OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL, T~ESDAY, NOVEMBER 6, 1973. Approval of Bills (Cont'd) Hardrives, Ine. Pay out o~ Boynton Beach Memorial Park Fund (Work is on eeme=ery improvement) Lauderdale Contracting Corp. ~xtra work on sewer service. Pay out of Utility General Fund Retirement Plans Inc. Actuarial Expense Pay out of 5600-490 5. Neptune Meter Co. In~. ]08-11957 Pay out of 6130-582 AsgrowFlorida Co. Pay from 4200-580 Invoice ~340699 Russell & Axon Job ~6858-4-II Inv. ~2 Pay from 6500-298 Job ~6858-3y-I Pay from 6300-298 (Above a~e paid from eneumbered funds 1972-73) Russell & Axon Job ~6858-Sm-IIISCP Pay out o~ 19?l 5.9 1,000,000 Bond Funds Sewer System Expansion 9. Touche Ross & Co. Pay out o~ 1500-~98.01 10. Senior Citizens Friendship Club Pay from Fed. Rev. Allocation ~or special indigent services. Pla. Slurry Seal Pavements, Inc. Pay out o~ 2500-520~08 Encumbered funds 1972-73 Ernest G. Simon, Atty at Law Extra Legal services Pay out of 1210-212 (Encumbered funds 1972-73) - 33 - $ 17,337.40 1,200.00 1,096.00 l, 971.60 1,683.30 10,400.00 2~750.00 763.41 2,500.00 480.00 11,646.58 13,296.00 ['LINWdTES OF F~EGULkP~ CITY COUNCIL MEETING OF TME CITY OF BOYNTON BEACH, 'FLORIDA, HELD AT CITY HALL, TUESDAY, NOVEMBER 6, 1973. Approval of Bills (Cont'd) 13. Rich ~tors, Inc. Invoice ~48158' Pay from 2400-270 $ 1,300.00 Mr. Kohl said to delete the bill for Lee A. Walker, Contractor for the Sub-Pi~e Station in the amount of $20,417.40 from the list as this was not approved as yet. It was noted that Mr. Barrett was going to hold this up. M~. Wallace moved to pay the bills as recommended by the City P~nager, excluding Lee Walker, seconded by Fn~. DeLong. Under discussion, Mr. DeLong referrdd to the Russell & Axon bills (Item#8) and asked for a description of what the item was ~for because the $1 million bond issue is mentioned. It is therefore assumed it is for work connected with Lauderdale Construction. Mr. Kohl concurred. Mr. DeLong referred to the other Russell & Axon bills listed and asked that in the future a description of the work performed be included along with the Job number. I~n~. Kohl concurred. Motion caz~ied 5-0. Other Mr. Harmening said rather than take this up under Legal-Other, he would do so at this time. He referred to previous discussion during which the resumes of individuals applying for the position of City Attorney were read and he thought that the letter from Malcolm Anderson had not been read into the record. Council advised him that all the letters were read. Mr. Roberts asked about the annual dinner for the Boards and he was advised that it was being handled with the date having been set for Thursday evening~ December 13~ 1973. tt was noted that several things would have to be signed. Regarding taxation at the State level, Mr. Wallace asked if anyone was familiar with the Baker Act as presented and what it does as far as Sunnyland and areas throughout the State. If not, he requested that Council please read it and find ir~ormation about it. He said Sunny- land is basically facilities for special type youD~sters throughout the State. It allows fo~ a recei'ving and sending out station which means that a youngster is co~m~itted and within 30-90 days he is back home again and the State is then going to pay the parent $275 to keep that child at home which will have impact in other areas as well. This is the Baker Act which is a State act. Mr. Kohl requested approval ~or deputizing of the following individuals who are sworn in as deputies for voter registration in the four loca- tions previously announced: - 34 - ~iI~[dTES OF REGULAR CITY CO%~CIL MEETING OF THE CITY OF BoYNToN 'BEACH~ FLORIDA, HELD AT CITY HALL, TUESDAY, NOVEMBER 6, 1973. .peputies for Voter Registration l. Dorothy B. Hood 2. Louise LePort 3. Frances Bittner 4. Lucille Roderick 5. Ann Calculator 6. HarTy Le%~eky 7. Joseph H. Makin 8. Ann P. LeWicky 9. Evelyne Carlson 10. Dorothy Weidner 3_1, Helen McFaul 12 Mabel Buokley 13 Marlo Arrigotti 14 Anna Makin 15 Gladys Bush 16 Arthur Bush 17 Robert Hood, Sr. 18 Thomas ?~lliams 19 Carolyn Sims Mr. DeLong moved for the approval as per the City ManagerTs recommenda- t-ion, seconded by Mr. Wallace. Motion carried 5-0. ADJOURNMENT Mr. Wallace moved to adjourn, adjourned at 10:40 P.M. seconded by Mr. ~ Meeting CI%~Y OF BOYNTON BEACH, FLORIDA ' Councilman ATTEST: Councilman City Clerk 35 - AGENDA November 6, 1973 IX. ADMINISTRATIVE P. BUDGET ADJUSTMENTS Attached hemeto are year end adjustments to balance the budget ~nd set up balances to be transferred to surplus or capital improvement accounts~ as prepared by our Finance Direetor~ John Mr. F1ynn recommends that these adjustments be approved so that year end budgets may better reflect expenditures for the record within the departments fom the past year~ I concur with his recommendation. PK:apt / Frank Kohl~ City Manager Attachment: 14 pages ii (-)7'-/~