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Minutes 10-02-73MINL~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, OCTOBER 2, 1975. PRESENT Emily M. Jackson: Mayom Joe DeLong, Vice Mayor Forrest L. Wallace, Councilman ABSENT Edward F. Harmening, Councilman David Roberts~ Councilman F~ank Kohl, City Manager Callie Clanton, Deputy City Clerk Emnest G. Simon~ City Attorney Mayor Jackson called the meeting to order at 7:35 P.M. She w~lcomed the audience and asked them to vise for the invocation given by Fire Chief, Gene W~igh/c, followed by the Flag Salute led by Councilman Wallace, in the place of Mr. Harmening. Before the announcements, Mayor Jackson turned the floor over to Mr. DeLong, who had asked to speak. MT. DeLong said in view of the fact that only a ~-j~t~c~r. mi ~d~k~. ~acr~m was present this evening and to avoid doubt in anyone Ts mind insofar as the legality of the actions taken: he read from the new Home Rule Laws~ effective October 1, 1975 -- Chapter Section 166741: ~ulicipalities~ Procedur&s for Adoption of Ordinance and Resolution, Sub-section 4. He wished t8 clarify that the majority of this quorum is 2. Announcements Mayor Jackson announced that anyone wishing to register to vote can do so any day Monday through Friday, between 8:00 A.M. end 5:00 P.M. There' will be special registration on November 7 and 8 and November !l and 15 between 5:00 and 7:00 P.M. at Wilson Recreation Center: Hampshire Gardens Clubhouse, City Hall~ Sterling Village, Leisureville and Village Royale Clubhouse. Since Golfview HarbOUr doesn't have a clubhouse: there isn't going to be any registration there. Mayor Jackson read a proclamation, commemorati, ng Family Unity Week from October 8-15, 1975, urging citizens to sp%nd time together as a family. Mayor Jackson announced that City Hall would be close~d on Monday, October 8~ 1975 in honor of Columbus Day. ~ Mr. Kohl presented to Council a plaque received from the Greater Boynton Beach Chamber of Commerce Community Development Committee in recognition of Bi-centennial Park on U.S. 1. Mr. Kohl noted that the fountain was just installed and the park was beautiful. Council designated the City Manager's office as the appropriate place to hang the plaque. MINU~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOLECfON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, OCTOBER 2, 1973. In the absenee of Mr. Frank Carrel, Chairman of the Transportation Committee, Mayor Jackson announced that on October 10, 1973~ in Room 107 of the Court House there would be a meeting of the T~ansporta- tion Committee with the powers that be in regard to bus service. There would be discussion on the north-south lines and feeder lines and the public was invited to attend. MISUdTES Regular Meeting- September !8, 1973 Mr. DeLong noted a correction on page 16: paragraph 1, line 3 -- instead of ~'R~venue Sharing issuer', it should be 'Revenue Certificate issue~. He than noted page 192 the second paragraph under Y~r. Kohl's proposals, the language in line 3 should be changed to read, ~... stated that the Court was Mr. Kohl's bag. ~ Referring to page 20, first paragraph, line 2, the word ~not~' should be deleted and the santence should read ~... those mentioned will be subjected to treatments as an ordinance. ~ Mayor Jackson said on page 17, paragraph 2~ line 1, the name should be Mr. Don T~Fanton~ instead of ~Benton'~. Mr. DeLonu moved to adopt the minutes of the Regular Council meeting of September 18, 1973 as corrected. Mr. Wallace seconded. There was no discussion. Motion carried 3-0. Mayor Jackson asked that the record reflect Mr. Roberts is on vaca- tion and Mr. Harmening is away because of a death in the family. PUBLIC AUDIENCE Mayor Jackson asked those who wished to speak about a subject on the agenda to give their names and item numbers to Mrs. Clanton: and then invited those who wished to speak on other items to come forward. Presentation of Petition - Residents, South Lake Dr.~ Re Canal Cleaning Mr. Stephen Kochakian spoke as one of the residents who signed a petition that was given to Council two weeks ago in regard to canal cleaning. He presented Council with some photographs of the condition of the canal in question: as well as samples of water and growth from the canal. He described the conditions causing the canal to become clogged, adding that it's no longer possible to fish there because of the weeds. He then questioned the ordinance passed which prevents Boynton from cleaning canals from 1969 on~ asking how Boynton could stop a builder (Ken Murray) from dredging the canal last year and then claimno ownership of the canal this year. He asked why it doesn't state ~n the deeds who is responsible for cleaning the canals and felt if i~ was the responsibility of the developer, the City should make b~ carry out his obligation. If 2 MINU~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OP BOYNTON BEACH: FLORIDA, HELD AT CITY HALL: TUESDAY, OCTOBER R, 1973. the City doesn't have that authority, it should be put on the deed restrictions that it was the owner's responsibility. Mr. Kochal~an also felt that part of the money paying for the cleaning of certain canals in the City came from his taxes and it was unconstitutional and discriminatory if all canals were not included. Mrs. Dan Richter: 5565 S.W. Lake Drive, Ext. ~ said she lives near Mr. Kochakian. She was concerned because the canal is very dirty and during a recent party for her son, she was under the /mpression there was a positive case of typhoid in the City and had informed those present at the party so they would stay out of the canal. Later the Health Department said it was not typhoid and she was disturbed at having spread the rumor around the neighborhood, causing people to be concerned. She felt the City and not the residents should check the water for typhoid and any othe% contagious diseases. She then spoke about raw sewage being dumped into Lake Ida, asking wP~t, if anything, was going to be done about this and when they're going to find out. Mayor Jackson said Lake Ida isn't in the City of Boynton Beach. Mrs. Richter said the canal that leads off it is in the City and Mayor Jackson stated that the waterways that connect Lake Ida to Lake Osborne come under Flood Control. Mayor Jackson said she would be willing to check into the possibility of testing the waters but believed the Flood Control would recommend that no one sw/m in the canals, particularly because of alligators. M~s. Richter said when they tried to clean their own canal: they came out with rashes and red spots all over and felt that they shouldn't have to do the cleaning. Mr. Kochakian interjected that the Health Department was notified and he was called by Mr. Hyde who felt that the canal didn't require an inspection. R. B. Vastine, 152 Leisureville Boulevard, said he checked out the canal situation since the last Council meeting. He referred to the 1969 ordinance~ stating that the City followed it at that time. He also doubted the constitutionality of the ord/nance because all the people in the City pay ad valorem taxes which are spread over many services and requirements for thc needs of the people. He asked that the Council consider preparing an ordinance withdrawing the 1969 ordinance and providing funds to clean all canals in the City of Boynton~ excluding the portion belonging to the South Florida Flood Control District which is their responsibility. Mr. DeLong pointed out that Mr. Vastine was referring to fresh water canals ar~ not to confuse them with any other waterways within the City: such as the canals that come off the Intracoastal. Robert Roy, Jr., 3555 South Lake Drive: Ext., wished to expand on Mr. Kochakian~s presentation regarding the poor conditions of the canal. After going into some detail, he said Mr. Kohl advised him that the canal would not be cleaned because it wasn't in the 1969 ordinance. MINI~ES OF REGULAR CITY COIhNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY~ OCTOBER 2~ 1973. Mr. Roy felt that the City's facilities should expand according to its growth. Mr. DeLong felt that the residents had a justified eomplaint~ adding that it would be more appropriate to wait until all the facts were presented and all members of Council were present so a solution could be reached to give the people relief. There was discussion between Mr. Wallace and ~vl~. DeLong about making a motion to this effect so the matter could be expedited, klm. DeLong moved to have the City Manager investigate this problem with all concerned, including the three agencies involved, with specific interest to the canal blockage brought be£ore Council this evening. Mr. Wallace seconded. Mayor Jackson said she would like to have Mr. Kohl also look into the cost involved in cleaning the canals and it was included in the motion. Motion ca~ried 3-0. Harry LeFor~, 2152 N.E. First Way, had some questions for the City Attorney regarding the Cha~ter -- Section 599 Duties of the Judge. He wanted to know if Pit. Simon asks the Judge if it is all right to pass an ordinance and who decides whether or not an o~dinance is constitutional. Mr, Simon said one of his functions is to attempt to draw up ordinances in such a manner that they are valid and he further explained the mechanics of adopting an ordinance. Mr. LeFort said he was referring to the sign ordinance and he wanted to know why the Judge gave Village Royale an eXtra 25 days so he could decide on its constitutionality. Mr. Simon couldn't answer that question and said it would have to be directed to the Municipal Judge. LeFort spoke further about bis concern regarding the sign ordinance end Mayor Jackson said nothing could be done before the Judge~s decision. John Stevens, 715 N.W. 4th Streets asked about the stat-ds of the property to house the drug rehabilitation center that was discussed with Mr. Williams p~eviously. Mr. Williams advised him that a location was found at 126 .N.E. 10th Avenue, belonging to Mr. Charles Andrews and another gentleman: Mr. Melvin Cohen was to contact Mr. Kohl about the matter. Mr. Kohl and Mayor Jackson both said they have not heard from Mr. Cohen and they would advise Mro Stevens when they have some information. Ed Mitchell, 529 N.E. 12th Avenue, spoke of an area torn up because of sewer work on N.E. 1st Street, between N.E. llth, 12th and 15th Avenues. He said the paving had previously been paid for by the residents of that area and the street has not yet been repaved. There was discussion between Mr. Kohl and Mr. Mitchell regarding which phase of the sewer program this street came under and it was clarified to be in the first phase and should have been repaved by- now. M~. Kohl said he would research the situation. M~. Walte~ Trauger, 702 S.W. 28th Avenue: spoke about the City's decision to deny Rinker Materials a building peDmit to move its plant. He identified himself as an economics professor~ adding that he serves on the Charter Revision Committee and is Vice President of MINUTES OF RE~dLA~ CITY COUNCIL P~ETING OF THE C_vTy OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL, TUESDAY~ OCTOBER 2, 1973. Palm Beach Atlantic College. He felt the City was unfair to Rinker because the reason they had to move was due to the construction of 1-95~ and they wanted to move to p~oper~ purchased which was zoned industrial near the railroad track. Mr. Trauger stated the merits of Rinker Materials remaining in Boynton Beach, particularly eeonomi- ca!, and gave his opinion as to why the City should reconsider its decision. Jer~y Jackson, representing Rinker MAterials Corporation, asked to read into the minutes a letter to the City Council from Rinker's outside counsel, Mr. Toby Prince Brigham. He said Mr. Brigham represents Rinker in the State of Florida's suit and other related matters concerning the City of Boynton Beach. Mr. Jackson passed a copy of the letter to Council, along with a proposal to the City Council allowing Rinker to relocate its present site without prejudic- ing the City's rights regarding zoning or ~tters relating to any other industz~ within the City. He then read the letter and proposal as attached hereto. Mr. Wallace interceded regarding a point of order. He asked the Council members if they received a letter from the Boynton Chamber of Con~r~ree which he understood was in the mailbox but was not supposed to be made a part of this evening's m~eting one way or the other. He thought it was stipulated to be read at a later meeting. Mayor Jackson asked if they were out of order in discussing this matter and Mr. DeLong said ~he would be glad to dispense with the regular order of business ~f a motion was made end if Mr~ ~allace wanted to read the letter. Mr. Wallace felt that since this item came up under Public Audience and was not on the agenda and is in litigation, he wanted to know if he would be allowed to ask the City Attorney some questions either in private or in public. Mr. DeLong said since the matter is in litigation, he would not ask any questions as it might weaken the City's case. There was some discussion between Council and Mr. Simon regarding whether or not this matter should be discussed. Mr. Simon felt Council should not say anything, but they were always free to discuss settlement pos- sihilities in any litigation as was done in the past because this is their own foEmmto do so. Mr. Wallace felt when a matter was in litigation it acted as a gag on Council members to openly find a solution to the problem~ unless credence is 9-iven to items brought before Council. He said previously a petition was brought forth by various members of the community and in essence, this is also a petition by members of the business community. He noted it has been stipulated that 75-85% of those employed~ are gainfully employed in construction areas within Palm Beach Co%unty. He asked if he was legally correct in asking questions pertinent to this case at this time or was Council to be subpoenaed into court as individuals to express their personal desires. - 5- MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, MELD AT CITY HALL, T~ESDAY, OCTOBER 2~ 1973. Mr. Simon said Council would soon be sitting down to depositions in the Lehigh case which is similar in some ways to this case. What is said tonight may have to be explained in the next two weeks in deposition. This should not stop Council from asking questions that would help each individual deliberate in his own mind. Mr. Simon said ~i~. Jackson and Mr. Brigham had asked for permission to present the letter and p~oposal to Council end he agreed. Mr. Simon said if it would help Council to go ahead with what was presented by askin~ questions, it would be all right but they were not per- mitted to discuss the factual situation in such a manner that they would be called upon to explain later if there is an inconsistency in what is said. He felt that Rinker's counsel was sincerein their p~esentation and that it was something to which the Council might want to give their consideration. Mr. Wallace asked if the statements made during a workshop meeting were not counted as far as being in a court is concerned and could something like this be worked out if the Council wanted to go in that direction. Mr. Simon thought it would be appropriate to be put on the agenda and discussed if Council wanted to explore the possibilities of settlement. There was some discussion concerning when Mr. Roberts and Mr. Ha~mening would be back -- Mr. Roberts would return before the next Council meeting and Mr. Harmening would be back in a few days. ~. Wallace asked Council if they were interested in sitting d~ in a workshop and trying to find a solution before going to court. Mr. DeLong said he was guided by the petition of the people of Boynton Beach an~ that his original stance was to let this go before a court of proper jurisdiction. He was willing to abide by the court's decision. Mayor Jackson said she has gone on record before and would like her position to remain status quo. Mr. Wallace felt if a motion was made: it would be to no avail, so he would let the matter rest. Mr. DeLong and Mr. Wallace had some more discussion and it was decided to wait until the full Council was together before going any further. BIDS Moving and Relocat~~Fra~.9 BuitdiD~ (N.E. 1st Street) Mr. Kohl said the bid was sent to two people but neither one answered. Then after the bids were supposed to be in, an offer was received to move the building for $3:000.00. Mr. DeLong felt it was senseless to use taxpayers' money this way and he moved to give the City Manager a week to locate someone who would like the building for free and take the responsibility for moving it. Otherwise, it would be demo- lished. Mr. Wallace seconded. There was no discussion. Motion carried 3-0. - 6- MINI~E$ OF REGULAR C£'£'Y COONCIL MEETING OF THE CITY OP BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, OCTOBER 2, 1973. Purchase of Uniforms Mr. Kohl explained that the uniforms were for City employees in the General Sezviees Department, including Sanitation, Parks: Streets, Shop and Facilities, Recreation Depa~ment and Engineering and Utilities Department, including Water Plant, Water Distribution, Sewer Plan~ and Sewerage Collection. Referring to the Tabulation Committee sheet, he stated that each employee in the departments indicated would be allowed five eaCh of permanent press shirts.and . trousers which they must launder. The Tabulation Committee recommends acceptance of bid from Lamer Ui~ifo~ms (Division of Superior Surgical Manufacturing. Company, Inc.) for the total amotLnt of $8: 960.00. Lamar Uniform Company submitted a complete bid on ai!items, while the other bidder, Angelica Uniform Co. submitted a partial bid on Group I only and did not include cost for emblems. It was felt that the quality of Lemar's uniforms was far supe~ior. Funds have been budgeted in the respective departmenTS and are ava~le. Kohl concurred with the Tabulation Co~ittee's recommendation awarGlng the bid to Lamer Uniforms for 88,960.00. Mr. DeLong moved to accept the ~ecommendations of the City Manager, seconded by Mr. Wallace. Mayo~ Jackson noted that she saw the uniforms and there was a 9~eat deal of difference in the material being used by Lamar and it would be an asset to the City fo~ employees to be dressed in these uniforms. Motion carried 3-0. One (1) Wood Chipper Referring to the Tabulation sheet, Mr. Kohl concurred with the Tabu- lation Committee's recommendation to accept the low bid from H. F. Mason Equipment Corporation of Hialeah in the amount of $4,381.00. Funds were allocated in the 1972-73 budget for the wood'chipper in the amount of $3:300.00. However, a transfer of funds was re- Quested ~rom 2300-514.01 (Cleaning Machine) as this account had a surplus after the purchase. The amount of the transfer was $1~081.00 to Account No. 2500-512.01. Low bidder~ Florida Equipment of Miami did not meet specifications. It was missing the removable floor place. Skyworkers, Inc. of Georgia did not specify they can furnish the oil safety shut off switch, nor do they have a local dealer for parts, etc. Mr. Wallace moved to accept the recommendation of the City Manager, seconded by Mr. DeLong. There was no discussion. Motion carried Two Front End Loaders & Compaction Refuse Body and Chassis for 50 Yd. Compaction Body Mr. Kohl concurred with the Tabulation Committee's recommendation of acceptance of low bid from Rowland Truck Equipment Co. of Miami in M~ES OF R~CJdLAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL: TUESDAY~ OCTOBER 2, 1973. the amount of $64,990.00. Funds are available as follows: $54,000.00 - 2400-512.05 - (1973-74 Budget) 6,000.00 - 2400-512.04 - (1973-74 Budget)** Encumbered ( 1,000.00 - 2400-514.02 - (surplus from containers) from ( 3,000.00 - 2400-518 - (wash rack never purchased) 1972-75 Budget ( 1~000.00 - 2400-520 - (surplus - Internal roads) TOTAL $~5,000.00 ** Deletes 6 cu. yd. dump t-Puck. Mr. Kohl said these two garbage trucks are badly needed. Mr. DeLong moved to accept the recommendation of the City Manager~ seconded by Mr. Wallace. Under discussion, Mr. DeLong refer~ed to a motion passed some time ago that the recommendations of the City Manager be spread upon the minutes for clarification. Therefore~ it would be superfluous to make a lengthy motion other than accepting the recommendations of the City Manager. Motion carried 3-0. LEGAL Ordinances - 2nd Reading No. 73-43 - Establishing Truck Route~. Mr. Simon said the method of adopting ordinances of the City under the Charter is now differer~ by virtue of the Home Rule Bill. In- stead of the 10-day notice a t4-day notice is required before second reading and the notice itself must include different language than before. Therefore, this ordinance is not ready for second reading at this time. Mr. DeLong moved to table this item, seconded by Mr. Wallace. During discussion, it was clarified that the ordinance number would remain the same, No. 73-43, and that it would be pub- lished in the newspaper for second reading. Motion carried 5-0. There was further discussion about which newspaper to publish this in for reasons of timing and Mr. Kohl was asked to check into this. Ordinances - 1st Reading Proposed 0rdin~uce - Re Cleaning Vacant Lots (On the Table) Mr. Kohl asP~ed that this be stricken from the agenda as the City is going along with its present ordinance. Mr. DeLong moved to strike this proposed ordinance from the agenda, seconded by Mr. Wallace. There was no discussion. Motion carried 3-0. For clarification, Mr. ]qohl noted that he discussed this with the City Attorney and it was decided that everything the City wants to do can be accomplished with the existing ordinance. - 8- NIIN~TES OF REGULAR CITY CO{E~CIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALLs TLLESDAY: OCTOBER 2: 1973. Proposed Ordinance No. 73-44 - Annexing Bank Parcel Mayor Jackson asked if this ordinance was passed on first reading: whether the same thing applied as far as publication before the second reading. Mr. Simon said yes: and he would discuss the wo~ding with M~. Kohl the following day. Mr. Simon ~ead Ordinance No. 73-44 on first reading -- An Ordinance of the City of Boynton Beach: Florida, Extending the Municipal Territorial Limits of Said Municipality by the Annexation of a Certain U~ineorporated Tract o~ Land~ Containing Less than Ten Registered Voters~ Lying Contiguous Thereto Within Palm Beach County~ Florida, etc. Mr. DeLong moved for the adoption of Ordinance No. 75-44 on first reading: seconded by Mr. Wallace. There was no discussion. Motion carried 3-0. Proposed Ordinance No. 73-45 - Repealing Certain Provisions in the Charter Mr. Simon said under the Home Rule Act, any ordiD~unce which abolishes a department will require a unanimous vote by all five members of Council and he suggested waiting until all members were present before those particular ordinances were read -- dealing with Section 63 and Section 49. Mr. DeLong did not agree with the C~ty Attorney that it takes five members in this cases as Council was not abolishing any departments. He did agree if departments were being abolished: there must be a unanimous vote of five. Mr. DeLong then made the following remarks for the public record: "I know of no recommendation by anyone or of approval by the City Council to abolish any existing City depaz. Cment. To abolish denotes, a complete doing away with something, as an institution, custom, p~actiee~ con--d~on-~-~tc. The City Manager has requested the re-organization of the municipal court and the depaz.~nt of Public Works and Public ~tili- ties. 1. The re-organization of the municipal court will consist of transferring the responsibility for the efficient operation of the court from the jurisdiction of the City Clerk to that of the City Manager. Although the City Clerk will be relieved of all court re- sponsibilities, the City Clerk will not suffer any loss in salary. The functions of the court and the duties of the court personnel will remain the same. 2. The re-organization of the Department of Public Works and Public Utilities will consist of 'dividing this huge and unwielding MIkWdTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, MELD AT CITY HALL~ TUESDAY: OCTOBE~ 2, 1973. department into three (3) separate divisions and will not eliminate any of the type of services cuz~3ently provided. The functions of the three (3) divisions and the duties of the personnel in each division ~ill ~emain the same. The only charge will be the name of Public Works and Public Utilities to three (3) different and more appropriate names. This re-organization will save the taxpayer in excess of $20~ 000. O0 per year. Accordingly~ the City Council meeting in regula~ session on Septenf0er 18, 1973, by majority vote approved the manager's request, instructing the City Attorney to proceed under the provisions of ~The Municipal Home Rule Powers Act,~ to modify specific City of Boynton Beach charter provisions. At the same session the Council also by majority vote repealed effective.as of October 1: 1973: Section ~65 of Article ~4 City Charter titled 'Superintendent of Public Works and ~tilities' appointment and duties: by authorization of Chapter ~73-129: Laws Of Plorida~ Section ~166. 021 Municipalities: Powers: Sub-sections ~,4 and ~5. Furthermore: by direction of the City Council the City Manager is the administrative head of the City. By the provisions of Chapter ~73-~129~ Laws of Florida: the City Council has been granted absolute legislative powers." Hr. DeLong then asked to proceed on the adoption of the ordinances as they have been drafted. Mayor Jack. son said after speakinq to Mr. Simon the previous week: she did some checking with two legislators and went into 9~eat detail as to what the City was doing~ with Rep. Raymond Moudry. Rep. Moud~y advised that it was within the realm, of Council to do this and that the City should not be operating%knder the Charter of !947. The legislature wanted theeities streamlined which was the purpose of the Home Rule law. Mr. Wallace said he was prepared to qualify his previous vote since he had already expressed his feelings at the beginning. He had felt he would go along with the rest of the Council on this matter: but on the basis of what was stated earlier this evening: he asked if it wouldn't be better for all five members of Council to be present. He felt a precedent would be set for every act the Council takes in the future. Mayor Jackson felt the Council would not be doing its job if they didn't move ahead and she read from Section V under 166.021 -- re Ordinances and Special Acts Pertaining Exclusively to the Power and Jurisdiction of a Particular Municipality: Except as Otherwise Provided in Sub-section IV of this Section -- which she discussed with Rep. Moudry. Regarding unanimous vote, the word used was ~'may - 10 - MINI~ES OF REGULAR CITY COUNCIL ~ETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, OCTOBER 2, 1975. Mr. DeLong referred to the minutes of September 187 1975 in which his statements contained no mention of abolishment of any department -- he specifically said nrc_organization". He felt this matter had been held up long enough end there was no reason why it should be delayed. If anyone wants to contest the action taken by the Council this evening~ it was his or her privilege. Mm. Wallace stated that he had planned to qualify his vote as the Council was going in a certain direction, however~ he asked if one member of the dias left the Council at this time~ what would happen as far as the rest of the meeting was concerned~ inasmuch as there wouldn't be a majority present. Instead of leaving, Mr. k~llace stated that he would qualify his vote end on the basis of what was stated here this evening~ his vote would be no. Mr. DeLong appealed to Mr. Wallace never to walk away from en issue Mr. Wallace referred Mr. DeLong to his preceding comments in which anhedsaid he would qualify his vote. Mr. DeLong then moved that the . City Attorney read all the ordinances pertaining to the re-organiza~ion,~f~Z~ pay plan, eta. on the agenda. Mayor Jackson seconded.~There was no discussion. Motion carried 2-1, Mr. Wallace dissenting. There was some discussion between Mr. DeLon~, Mayor Jackson and Mr. Simon regarding the o~dinance about the City Clerk. Mr. Simon said he had followed Mr. DeLong's instructions from the previous meeting and clarified that this particular ordinence referred to Two different offices and Sections 66 end 41 would now read as contained in the proposed ordinance with the changes specified. Mr. Simon read 0~dinance No. 75-45 on first reading -- An Ordinance of the City of Boynton Beach, Florida, Amending the Municipal Cha~ter of Said City By Repealing Section 65 of Article IV of Said Charter Thereby Providing for the Abolishment of Superintendent of Public Works and ~tilities as Authorized Under Chapter 166 of the Florida Statutes, Entitled ~'Municipal Home Rule Powers Act~, etc. Mr. DeLong moved for the adoption of Ordinence No. 75-45 on first ~seconded by Mayor Jackson. There was no discussion. Motion carried 2-1, Mr. Wallace dissenting. Ordinance No. 75-46 - Re Supt. of Public Works & ~tilities and Tax Assessor Mr. Simon read Ordinance No. 75-46 on first reading -- ~h~ Ordinance of the City of Boynton Beach, Florida, Amending Section 49 of Article IV of the Municipal Charter of Said City by Abolishing the Positions of Superintendent of Public Works and Public ~tilities end the Tax Assessor as Authorized under Chapter 166 of the Plorida Statutes, etc. Mr. DeLong moved for the adoption of Ordinance No. 75-46 on first reading, seconded by Mayor Jackson. There was no discussion. Motion carried 2-1, Mr. Wallace dissenting. MINUTES OF REGULA~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, OCTOBER 2, 1975. P~oposed Ordinance No. 75-47 - I~e City Clerk/Court Clerk Mr. Simon read Ordinance No. 73-47 -- An Ordinance of the City of Boynton Beach, Plorida, Amending Section 41 of Article III and Section IV of the Municipal Charter of Said City, Abolishing o~ the City Clerk as they Pertain to the Municipal Court Authorized ~nder Chapter 166 of the Florida Statutes, etc. moved for the adoption of Ordinance No. 73-47 on first Mayor Jackson. There was no discussion. Motion carried 2-1, Mr. Wallace dissenting. Proposed Ordinance No. 73-48 - Adopting Re-Organizational Chart Mr. Simon read Ordinance No. 75-48 on first reading -- An Ordinance of the City of Boynton Beach, Florida, Establishing Municipal Personnel and Equ/pment Table of Organization, etc. Mr. DeLong moved for the adoption of Ordinance No. 75-48 on first read~ug, seconded by Mr. Wallace. Under discussion~ Mr. Wallace said as Council had previously voted by majority that this is the route they wish to go~ he felt they should get on with it and therefore he voted for the motion. Mr. DeLong jokingly congratulated Mr. Wallace in keeping with the spirit of majority rules. Motion carried 5-0. Proposed Ordinance No. 75-49 - Creating Engineering and Utilities Departments Mr. Simon read Ordinance No. 73-49 on first reading -- An Ordinance of the City of Boynton Beach, Florida, Establishing an Engineering and Utilities Department and Designating the City Engineer as the Adminis- trator of Said Department, etc. Mr. De_Long moved for the adoption of Ordinance No. 73-49 on first reading and said he hesitated because it would be more or less proper to change the portion that says ~This ordinance shall become effective immediately as provided in the Charter ..." before the motion. Mr. Simon said he would change Section 5 accordingly. Mr. Wallace seconded the motion. There was no discussion. Motion carried 5-0. Proposed Ordinance No. 75-50 - Creating General Services Department Mr. Simon read Ordinance No. 73-50 on first reading -- An Ordinance · of the City of Boynton Beach~ Plorida~ Establishing a General Services Department, as a Right for Said Department to Include Divisions of Sanitation, Sign Shop, Shop and Garage, Parks and Streets~ Designating the Superintendent of General Services as Administrator of Said Department, etc. MINUTES OF REGULAR CITY COHNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, THESDAY, OCTOBER 9, 1975. Mr. DeLong raised the same question as in the previous ordinance garding the effective date and he wanted to be sure that this portion would be changed on all ordinances for the second reading. Mr. Simon concurred. Mr. DeLong moved for the adoption of OTdinance No. 73-50 on first reading~ seconded by Mr. Wallace. There was no dis- cussion. Motion carried 3-0. Resolutions Proposed Resolution No. 75-EEE - Refield Abandonment Reques~ Mr. Simon ~ead Resolution No. 75-EEE -- A Resolution of the City of Boynton Beach~ Florida, Vacating and Abandoning a Certain Utility Easement Subject to Dedication of a Replacement Util/ty Easement. Mr. Wallace moved to adopt Resolution No. 7~-EEE, seconded by Mr. DeLong. There was no discussion. Motion carried 3-0. Proposed Resolution - Abandoment Request - Se~ay Terrace (On the table) Mr. Kohl asked that this be stricken from the agenda as he hasn't gotten any information. Mayor Jaeksonnotedthere were "For Sale" signs on that lot. Mr. Wallace moved to strike this item from the agenda, seconded by Mr. DeLong. The~ewas no discussion. Motion carried 5-0. Proposed Resolution No. 75-FFF - Amendment to Civil Service Rules and Regulations Mr. Simon read Resolution No. 73-FFF -- A Resolution o~ the City of Boynton Beach, Florida, Amending Rule VIII of the Rules and Regulations of Civil ServicebyAdding Sections 12 and 15to Provide for Additional Qualifications of Patrolmen and Firefighters. Mr. Wallace moved to adopt Resolution No. 75-FFF~ seconded by DeLong. There was no discussion. Motion carried 5-0. Mr. DeLong asked if these items could be saved for signing at the end of the meeting. Proposed Resolution No. ,75-GGG - Drexel Properties Mr. Simon read Resolution No. 75-GGG -- A Resolution o~ the City of Boynton Beach, ~lorida~ Approving Plans and Specifications for Ex- tension of Water and Sewer ~nd Transm/ssion Facilities to Drexel Properties~ Inc. and Assigns. He said a representative of Drexel Properties was to present the original of the second amendment referred to in the Resolution tonight. Mr. Brian Deuschle of Spear, Deuschle & Capp, Attorneys in Ft. Lauder- dale: Florida, presented Mr. Simon with an original and three executed copies of the subject agreement mentioned in the Resolution. Mr. DeLong - 15 - MIk~iTES OF REG~dI~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T%iESDAY, OCTOBE~ 2, 1973. asked if Mr. Simon had previously looked this over and Mr. Simon said yes, he had been provided with photocopies prior to this. Mr. DeLong asked Mr. Simon to compare the photocopy to the original and Mr~ Simon said he would do so. He added that the City Engineer has also reviewed this same agreement. Mr. Wal l~ce moved for the adoption of Resolution No. 73-GGG, contingent upon review by the City Attorney, seconded by Mr. DeLong. After some discussion, it was clarified that a copy of the foregoing would be kept in the Central File in the City Clerk's office, and Mr. Clark verified that it was File No. 6858-1. P~oposed Resolution No. 73-HHH - Re Salary Schedule for Non-Classified Positions Afte~ some discussion, Mr. Wallace called for the reading of this Resolution as Council had all seen the salary scale. Mr. Simon read Resolution No. Y3-HHH -- A Resolution of the City of Boynton Beach~ Florida: Amending the Rules and Regulations of Civil Service by Adding the Salary Schedules of Certain Non-Classified Positions. There was discussion as to the effective date and it was stated to be September 27th as agreed to at the Budget hearing. Mr. Wallace moved for the passage and adoption of Resolution No. 73-HHH, seconded by Mr. DeLong. There was no discussion. Motion carried 3-0. Proposed Resolution No. 73-III - Re Flood Insurance Mr. Simon read Resolution No. 73-III -- A Resolution of the City of Boynton Beach, Florida, Pursuant to the National Flood Insurance Program. Mr. Wallace moved to adopt Resolution No. 73-III, seconded by Mr. DeLong. There was no discussion. Motion carried 3-0. Other Questions Re Legality (Councilman Wallace) Mr. Wallace said one of his questions regarding Rinker had already been discussed. His second question concerned a special meeting regarding technical matters pertaining to Charter World as requested by Mr, Centola. He said if this could be arranged~ he would have no questions at this time. Mr. Wallace then asked about the procedure regarding the adoption of a Resolution at the last meeting in which the wording had previously been changed that evening. He was called the following morning by the consulting engineer asking if he would agree to the change. Mr. Wallace thought at the time that all parties had agreed to this and -14- MINGTES OF RECJdLA~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL, T~ESDAY, OCTOBER 2, 1973. the City Manager was also under this impression. However, Mr. Wallace found out later that all parties had not agreed to the change, He asked that in the future, if the Council is going to be polled, it should go through the City Manager, so the~e would be no embarrassment or confusion. Mr, DeLong agreed that there should be one central control. Me knew the reason for the change and agreed and then asked Mr. Simon to affirm that he also agreed to this change. Mr. Simon agreed that the change was proper. Mayor Jackson noted that the hurry in this was due to the fact that the Resolution was to be brought up to the Area Plar~/ng Board the following day. Mr. Wallace reiterated the importance of a procedure in going through a central office. He then moued that anything coming through the City asking for a motion or agreement as far as a member of the Council was concerned, should come through the City Manage~ with clarification of an idea. Mr. DeLong seconded the motion. There was no discussion. Motion carried 3-0. Mr. Simon said he prepared a Resolution for tonight if Council wished to consider it. It's the same as the previous Resolution with clari£i- cation and installation of the change with the new contract attached to it. MrJ Wallace asked if it had a bearing on any litigation or specific development. Mr. DeLong said to expedite the matter, it would be proper to reconsider the previous action, vote it down and move for Mr. Simon to read the change in order to protect everybody all around. After further discussion as to the procedure, Mr. DeLong stated ~hat the agreement was never read and it should be read before the Resolution is even adopted. Mr. Wallace stated that when this was previously discussed, the other Council members were present. In one instance this is a contract as far as the City itself is concerned and on the other hand, it may have some bearing as far as litigation in court is concerned. By changing one or two words, it is possible that the ~ull intent of the agreement is changed. Mr. DeLong agreed but pointed out that regardless of whether Council members are present or absent, those on the prevailing side of the adoption would be in a position to reconsider and according to the City Attorney there's no reason to reconsider -- there will be an amendment to that particular section. Mr. Simon coneurred~ stating this is not an agreement the City has entered into with any other party. It's the form of an agreement Council wants to commit itsel~ to with future other parties and at this point, no agreement has been entered into. Mr. DeLong requested the City Attorney to read the agreement into the minutes if it was in o~der. Mayor Jackson said it should have been read at the last meeting so the matter would have been clarified. Discussion ensued as to w~nich should be read first: the agreement or the Resolution. Mr. DeLong said he understood that this was going to be a standard agreement that is going to be used by the City. Mr. Simon concurred and Mr. DeLong felt that for this reason alone, it should be read into the record. Mr. Centola wished to speak, but Mr. DeLong said it had no bearing on ~ 15 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CiTY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, OCTOBER 2, 1975. reading the agreement which was a guideline for Council in doing business with the developer. He asked if ~. Simon drafted the agreement and M~. Simon answered no, it was done by the City's con- sulting engineers. Mm. Simon said as to form~ the agreement was a legal document, Mr. Centola said the change that was made amends the ordinance. You cannot change an ordinance by resolution and this was a conflict. Mr. DeLong stated that the ordinance can also be amended because at the time that ordinance was drafted: there was no suchttDught as interim plant equipment. After further discussion~ Mayor Jackson said she would like to hear the agreement read. ~Mr.. Simon ~ead the Interim S. ewage Treatment Plant Agreement for the ~kCzty of Boynton Beach: Flor~da~ per the attached copy. Mr. DeLong moved to adopt asa po.]..~.'cy the ~gerew~tt~ ~Satn ~t~ed into the record and read by the City Attortey g ~~' Mayor Jackson seconded the motzon. Under. discuss~ion, . ~regarding qualification of the vote, .Mr. Wallace said inasmuch as ne felt there was still a misunderstanding aS far as legality and that it is part of a present lawsuit the City is involved in, he would vote no. Motion carried ~-1, Mr. Wallace dissenting. Mr. DeLong asked Mr. Simon to read the Resolution. Resolution. No. 75-JJJ - Agreement re Interim Treatment Plants Mm. Simon read Resolution No. 75-JJJ -- A Resolution of the City Council of the City of Boynton Beach~ Florida, Approving ~un Agreement to be Entered into by Users o~ Interim Treatment Plants for Sewage, Pursuant to Guidelines Established by the P!orida Department of Pollution Control and Area Planning Board of Palm Beach County. Mr. DeLong moved for the adoption of Resolution No. 75-JJJ~ seconded by Mayor Jackson. The~e was no discussion. Motion carried 2-1, Mr. Wallace dissenting. Mr. DeLong then began speaking about the Minutes of the Planm_ing and Zoning Board meeting of September 26, t97~, but since this was on the agenda, under New Business~ it was decided to. discuss it then. Progress Report Re New Zoning Ordinances and Date for Possible Hearing Mayor Jackson asked Mr. Vastine to bring everyone up to date on this subject. Mr. Vastine said there have been ~3 meetings since January let discussing the previous text as prepared by the previous City Manager. The Board went thmough it once and the second go-around is just about completed. Mr. Vastine complimented .every member of the Planning and Zoning Board -- Messrs. Kostne-~, B!acketer, Kelly, Wa3/<e~: Col. Wehrell, M~. Vastine and Mms. Lynn Huekle. He said the second complete draft will probably be completed on Thursday, after which the board would go through it once more to make sure it's consis- tent throughout. 16- MINLLTES OF REGULA~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALLs TUESDAY~ OCTOBER 2, 1973. The existing map under the direction of the Building Official has been laid out for comparison with the proposed map which should be completed next week. Fir. Vastine noted the assistance and expertise given to the Board by the Building Official and requested Mayor Jackson to ask Mr~ Barrett if he would give the possible hopeful date for presentation to Council and public hearing. Referring to page 2 of the Charter, Mr. Barrett asked Mr. Simon for clarification on public hearing. Discussion ensued regarding whether or not there should be a separate presentation to the Planning and Zoning Board and City Council before public hearing for the purpose of cheeks and balances~ or whether it should be a combined meeting as the Charter provides for one public hearing. Mayor Jackson referred to an incident in 1962 where changes were made before the Planning and Zoning Board during public hearing and there were further changes when the matter came before Council. Mr. Barrett was concerned about the time schedule, stating that it was based upon the number of public hearings. Mr. Wallace asked which format would be more advantageous in regard to public relations. Mr. Barrett stated that the Planning and Zoning Board has put a lot of effort into this and they had not referred to the land use plan as submitted by professional consultants~ Candeub ~ Fleissig, until their work was nearly completed. It was found that both plans were almost identical and the Planning and Zoning Board ~bided by the recommended land use plan. Mayor Jackson asked if Mir. Barrett was speaking about the ~dinanee or the map or both and Mr. Barrett said they must go hand in hand. Mr. Vastine asked if there was one hearing: was it within the juris- diction of the City Council to immediately accept the plan. Suppose there were some objections of a magnitude requiring consideration? Mr. beLong said Council had th~ prerogative of not taking action or delaying action and they would be very receptive to what the public had to say. He then commended the efforts of the Planning and Zoning Board and Mr. Barrett in this matter. Mr. Barrett said he prepared most of the current map and the proposed map end they can be photographed and used for full page advertising in the newspaper with the proposed zoning on one page and the existing zoning on the other. In this way everyone will have his own record end the zoning code itself would be available at City Hall for anyone to look at. The maps would also be posted in the lobby of City Hall after publication in the newspaper. This would save time in clarifying the matter for the public. Mr. DeLong noted that the Chamber of Com- merce and realtors will generate interest. Mr. Barrett said based on this method of presentation, the plan could possibly be presented at the next meeting or at the latest~ November 6th for Council's adoption to go before public hearing. Mr. Fred Kostner~ 140D High Point Boulevard North, Vice Chairman of - 17 - ~,iINSTES OF REGULAR CITY COUNCIL ~EETING OF THE CITY OF BOYk~ON BEACH~ PLORIDA: HELD AT CITY HALL, T~ESDAY, OCTOBER 2~ 1975. the Planning and Zoning Board, felt there should be two hearings -- the first one being before the Planning and Zoning Board as if an important question came up~ it would give the Board a question to reconsider and change its proposed recommendation. It would clarify things more for the Council and be in the best public interest. Mayor Jackson again referred to the incident in 1962 where there were two hearings and Mr. DeLong said in his experience: there had always been two public hearings. After further discussion~ Mr. Barrett explained that he raised the question because of the time schedule. If there were to be two public hearings~ one month should be added to the time previously stated. P]r. DeLong said if Mr. Wallace moved to amend the section of the Char~er to call for two public hearings~ he would be glad to second the motion. A~ter further comment~ Mr. Wallace suggested it be handled administratively through the City Manager so that when the Planni~.ng and Zoning Board advises the City Manager they are ready for a public hearing, funds are made available~ for full page advertising in the newspaper, includ/ng notification that this is a public hearing. Hopefully, the public will get the intent that the Council is backing the Board. He said he %~ould like to attend the Planning and Zoning Board's hearing just to gain insight. Mr. Wallace said he would abide by the Board's decision. A~ter further discussion: Mr. Simon read the portion of the Charter in question and it was clarified that it provided for one public hearing, but did not prevent having additional hearings. It was decided that there be a public hearing before the Planning and Zoning Board and another one before City Council and Mr. Bar~ett repeated that a month should be added to the previously stated time schedule. Mrs. Lynn Huckle, 656 Castella Lane~ a member of the Plann/ng and Zoning Boards felt that the scope was large and there were so many changes, it might be considered to divide the City in hal~ for public hearings~ particuts001y for the Planning and Zoning Board as it was stated that the hearings before Council could be continued on following days. Mr. DeLong suggested the Planning and Zoning Board advertise that its hearings would also be extended if necessary so everyone could be heard. After further discussion~ Mr. Vastine highlighted Mr. Barrett's recom/aenda~ion that the existing map and the new map be a full page ad in the newspaper which has never been done before: thereby giving everyone an opportunity to review the situation. He wished to impress upon Council and state for public record the tremendous help that Mr. Barrett has been to the Planning and Zoning Board with his expertise and great knowledge of the City. Mr. DeLong noted that this flows over into every one of Mr, Barrettes activities. Mr. ](ostner said if Mr. Barrett had been working with the Board from the beginning~ they would be a year and a half ahead of where they are now. - 15 - MINUTES OF REGULA~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, PLORIDA~ HELD~AT CITY HALL~ T~ESDAY~ OCTOBF2~ 2, 1975. Milnor Corporation Mayor Jackson read a letter addressed to her dated September 19~ 1975 from Norman J. Michael of Milnor Corpo~ation~ regarding the apartments and tennis club complex of Golfview HarbOUr Estates. He reiterated Milnor's position that there would be a limited number of memberships made available to the residents of Golfview Harbour fora the swimming pools~ tennis courts and recreational facilities to be built in the west portion of the subdivision. It has not been determined at this time what the annual dues will be. They will be nominal and these facilities will be in addition to the recreation building being pro- vided for the homeowners in their subdivision. Mayor Jackson asked if this was in compliance with the stipulation agreed to in Court. Mm. Simon believed the letter re2~ez~ed to the facilities in the R3A area and no~ the potation to be deeded to the Homeowners' Association. If that is the case: the developer is free to construct what he wishes hut the gist of it sounds like the op?ation of a' private club which Would not be permitted under R3A if that is what is contemplated. Mayor JackSon said She atso.inte.r?reted it that way. Mr. Simon asked Mr. Barrett if he was familiar with this. Mr. Barrett said when we say the west portion of our subdivision, he must 9ssume that this is in,theReSA area hut he felt it should be pinpomnted on the plan. Mayo~Jaekson asked Mr. Barrett to check this out with Mr. ~iichael to b~ sure that it's not in the R-1AA zone and clarify the matter for Council. Ocean Ridge Property Mayor Jackson stated that the City PL~nager of Ocean Ridge asked if Mr. Simon would search the property-to ascertain what portions Boynton Beach owns there and settle the areas owned by each city. Mr. DeLong said it was okay with him~ but he felt that Ocean Ridge was in a rush and they were trying to claim ownership of Boynton's parking area and they want to swap that parking lot for the swamp that the City owns north of the City Hall. He did not want to be stampeded due to the wishes or whims of the adjacent municipality of Ocean Ridge as he did not feel it was so important that everything should be dropped to ~ive attention to this matter. Mayor Jackson referred to a joint meeting of the two Councils two years previously and she felt a conclusion should be reached as to what each munmc~pa!~ty owns. Mr. Wallace agreed with Mr. DeLong that there was no urgency for Boynton to search the records. It was already done several years ago and the information is in the Central File as it was part of the actions of previous Council and p~evious attorneys from both groups were there. After some further discussion~ Mr. DeLong stated he felt it was a try on the part of Ocean Ridge to get the best they can get of some type of bargain. 19- MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYN~ON BEACH, FLORIDA, HELD AT CITY HALL: TUESDAY, OCTOBER 2, 1975. Mrs. Clanton noted that two people asked to speak on Milnor -- Mr. Kushner, who has le~t, and Mr. Malotke. 'Tony Malotke~ 138~ S.W. 28th.:Avenue: said-he woutd.llike to give a progress report of the club: Golfview Harbour Association. There was one stipulation that they either had a swimming pool or a small or large clubhouse. He said the Golfview Harbour Association would go as far as they could ~ith the builder to have a playground for the children instead of a. swimming pool and they had forwarded a letter to the Council about this. Mr. Simon said if this is going to require a variation: they would have to go back to court to get a new o~der approving the new stipula- tion. Mr. Maiotke said when Council received the letter, would under- stand what it' s about. OLD BUSINESS Palmland Mayor Jackson asked Mr. Centola if he wanted to postpone this matter until the full Council was p~esent. Mr. Centola Stated it was felt that since the agreement was based upon the stipulation signed by all five members~ they should have a voice in the matter as to the agree- ment. He was hoping to get a special meeting set up to take up both the wate~ and sewer agreement and he asked for a tentative date of October 12: 1975. There was discussion between Mr. DeLong and Mr. Wallace whether to table this item or delete it from the agenda. Mr. Simon advised that he would be out of town on October tgth and Mr. Wallace suggested that a date to meet could be worked out. Mr. Klinck stated he missed part of the discussion earlier about Resolu- tion 73-ZZ and asked what the disposition was of the amended agreement~ Was it voted down and what effect did it have on the existing form of agreement and Resolution 73-ZZ? Mr. DeLong advised that the agreement was made a part of the public record and adopted by a 2-1 vote that this would be the policy in dealing with the developers. He noted that just recently Mr. K!inck met with a group who had no hesitation whatso- ever to abide by this a~reement and Mr. Klinck concurred. Mr. DeLong said he was not discounting the court case, but felt the City should have an established policy. Mayor Jackson said both the agreement and resolution were passed. Mr. Klinck said he would like to make a statement for the public reoord regarding that fo~m of resolution. There seems to be an impression by some parties that the resolution and standard form of agreement are setting up something new, specifically regarding conneotion fees. He said that resolution does not establish connection fees or impose them and merely States or recites that connection fees, along with engineering standards, site planning and other provisions in the current ordinances will apply and it doesn't set up anything new. He felt if the Code - 20 - MINL~ES OF REGULA~ CITY COUNCIL MEETING OF THE CITY OP BOYNTON BEACH: FLORIDA, HELD AT CItY HALL~ TUESDAY~ OCTOBER 2~ 1973. required connection fees and i~ anybody wanted to challenge the connection fees, they challenge the Code and not the agreement. In discussion between Mr. DeLong and Mr. Klinck: it was clarified that the consulting engineers have the technical responsibility to recommend a course of action to the City on those matters. Mr. Centola stated that the present ordinance sets up a double standard -- one condition for the people outside the City boundaries and another condition for the people inside the boundaries. He said Mr. DeLong stated anothe~ developer was willing to sign the agreement but did not mention that he was outside the City's boundaries. Mr. DeLong said he was not going to engage in any controversy regarding the way he votes: Mr. Centola asked if a special meeting would be t ' se up and Mr. Wallace advised that when an agreeable date cgu. ld be determined, Mr. Centola would be contacted to attend the meeting. Mn~. DeLong felt the patience of some of the Council membems was being worn thin by the continuous rounds of meetings with Palmland. Discuss Touche Ross Agreement Mr. Kohl read his letter for the agenda of October 2, 197D, referring to the "Letter-Agreement~ presented by Touche Ross along with attach- ments requesting the City Attorney's opinion: Mr. Simon's recommenda- tion and a copy of the minutes of the meeting of August 21: 197D wherein Touche Ross was appointed CPA for the City~ but no provisions for fees were indicated. Mr. Kohl questioned the propriety of the City signing the Touche Ross agreement without provisions being made for remuneration. He sought the advice of City Council as he felt they would be p~esenting Touche Ross with a blank check by signing the agreement as is. ¥~. Kohl said Touche Ross representatives have been in the City all week and he has no idea what their fees will be. Mr. Flynn said before Touche Ross was appointed as the CPA firm for the City, the discussion of fees came about and they could not give any information at that time. Mr. Flynn stated they have guaranteed to him that their fees would be $15,000 for one year. The fees of the former CPA firm~ Hawkins and Hamilton, were $7~ 000 for the general fund and SD: 000 for the utilities fund and this was going up to $10:000 and $5~ 000 respectively with Touche Ross. However: Touche Ross is expanding the scope of the audit and report of the City con- siderably. Fn~. Wallace asked if there was any agreement that the charge would not be over the figure of $15,000 and Mr. Flynn said no because he had contimplated expending one or two other areas but he hadn't as yet met with the City Manager and Council concerning this matter. He said he would bring in two Touche Ross representatives who would like some specific clarification. During further discussion: Mr. Flynn stated that Touche Ross was starting from scratch and would give the City an entirely diffeZ~nt concept in its financial statement and would be in 3_~ne with the municipal statement issued for Dade County or large cities and would be complete and thorough. Mr. DeLong - 2t - MINUTES OF REGULAK CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY: OCTOBER 2, 1973. asked Mr. Flynn if he was contented with this and Mr. Flynn said yes~ and this was planned for within his budget. Mr. DeLong said he would be willing to go along with this, but would like something definite about the cost. Mr. Wallace suggested following Mr. Plynn's recommendations in going along %rith a base pmioe of $15,000 and if there are one or two items added to this, creating an increased fee. Mr. Flynn should return to the Council with a written statement for the record of a base price, including what the City will specifically get for its m~ney. Mr. Plynn assured Council that Touche Ross would submit a written statement of what their fees will be. Mr. DeLong asked for inclusion of any additional charges for eXtra services, adding that the City Couneii should decide whether or not something extra should be done. Mr. Kohl was satisfied with this course of action and it waS noted that the City Attorney would review the forthcoming proposal as to its legality. NEW BUSINESS Consider Request of Boynton Beach Jaycees to Hold Turkey Shoot Mr. Wallace said if this is something that has been done previously, he moved that the request be 9~anted. Mr. DeLong seconded. Mr. Wal- lace added the proviso that everything is cleared thmough the City Manager that all things are met and in order as far as insurance~ etc.~ adding that the previous procedures of the City be followed. Motion carried 5-0. Consider Request of Planning & Zoning Board Mr. DeLong mead for the record from the Minutes of the planning and Zoning Board meeting of September 12, 1973 including the motion stated below that was unanimously adopted by the Board: 'That it be recommended to the Boynton Beach City Council that an amendment to the present ordinance be prepared and enacted, as soon as possible, providing for staggered terms for Planning and Zoning Board Members in order to assure a continuity of experience and effective and efficient opera- tion of the duties and responsibilities of said Board.~ Mr. DeLong moved that the City Attorney so be instructed to draft the appropriate amendment to the ordinaneefor staggered terms. Mr. DeLong said Mr. Simon can use the ordinances of Delray Beach and BocaRaton as a guide as they have staggered terms beyond a two- year period so there is a continuity. There was no voting aS Council determined that this matter could be handled administratively. Application fo~ .Permit -. Palm Beach County Police Benevolent Assoc. Mr. Kohl said he would like to get approval on an application for - 22 - MI~dTES OP REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT C~Y HALLs TUESDAY, OCTOBER 27 1975. a permit received from the Palm Beach County Police Benevolent Association -- Pmesident Ron Sauers, Vice President David Briggs, Treasurer David Hauser, to help upgrade the benefits of Police Officers. The activity would be a circus, to sell tickets and help raise money for the Police Athletic Club. Fir. Kohl read a letter from Mr, Kenneth West of the Police Benevolent Association~ authoriz- ing the PBA to use the propeDty described therein~ o%~ed by Stormont Realty for a one-day performance by the Clyde Beatty Ciz~us. It will be far enough north not to interfere with the existing jump zone setup. The PBA requi~es that a ~nold haz~uiess agreement~ be furnished for approval, indemnifying the PBA from claims of personal injury o~ property damage. A certificate of insurance should be attached. Mr. Kohl said he had the certificate for $1, 000:000 for bodily injury and property damage plus a $1.. 00'0 cashier's cheek from the Clyde Beatty--Cole Bros. Circus paid to the order of the City of Boynton Beach. This bond ~ill be mefunded to the PBA if they live up to the clauses in the contract such as no damage to the proper~y on which they exhibit and that this property be left cle~n after exhibition of the circus. Mr. DeLong asked about the policing of this function and Mr. Kohl asked Officer West.to supply the information. Officer West said he would have to get together with the Chief of Police and there should be two traffic officers plus some off-duty policemen to help with the parking. Mr. DeLong wanted to ascertain that the City's depar~nment wouldn't be tied up due to the circus. Mr. DeLong moved to grant the permit to the Police Benevolent Association: seconded by Mr. Wallace. It was clarified that the date of the Circus would be November 19, 1973. There was no other discussion. Motion carried 3-0. ADMINISTRATIVE Consider Request of Rubin Construction Co. -- Re Burning Debris Mr. Wallace referred to a copy of this request: ~eceived with the agenda, noting that everything was in order aocordinq to the City Manager and he moved that the request of Rubin Construction Co. for open burning of debris be granted. Mr. DeLong seconded the motion but noted that this matter did not have to go through Council and could be handled administratively. Reques~ of City Manager - Re Overtime Mr. Kohl clarified that this request was for an employee end not for himself. He requested to handle this administratively as it had been passed previously by Council. He recommended rescinding this be- cause the City now has time-and-a-half for employees working overtime. Mr. DeLong moved to rescind the motion of April 6~ 1970 upon the - 25 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA~ HELD AT CITY HALL, T~ESDAY, OCTOBER 2, 1973. recommendation of the City Managem, M~. Wall.aec seconded for dis- cussion and asked if this caused the employee any hardShip.and was it agreeable. MD. Kohl said everyone eo. nce~u~e~ was satisfied and he didn't want to handle one employee differ~r~cly than another. Motion carried 5-0. Discuss City Holiday System M~. Kohl noted that the State of Florida a~d County have returned to the observance of Veteran's Day on the traditional date of Novembe~ llth. He recommended an amendment to the Civil Service Rules and Regulations, d~si~nating Veteran's Day be Observed on November llth in the City and that City Hall he closed on Monday, November /R, 1975 since the holiday fell on Sunday° Mr. Wa!laae moved to follow the City Manaqer's ~eeomme~nd. ation~ seconded by Mr~ DeLo~g~ as ~on~ as no one was cheatsd on hms income~ ~yor Jackson noted i~ Spe ~..g to some of the employees last year~ it was felt that having a holzday two weeks apart was a~waste of time and she concurred with the recommendation. Motion carried 5-0. Consider Application for Permit to Solicit League of Women Voters March of Dimes A~soc~atxon of America, Inc. Muscular Dystrophy ~ ' ' . . Mr. Wallace moved to approve the three applications for permit as requested if they were in order, seconded by Mr. DeLong. There was no discussi°n. Motion carried 3-0. Approval of Bills Mr. Xohl requested approval of the following hills: I. McLaren ConstrUction Co. DOg Pound -- Pay from Federal Revenue Sharing Allen Insurance Agency Hazard ~ disability insurance Pay from 5600-461,- Funds Available. 5,667.62 1,924.00 3. Boynton Beach Child Care Center Pay from Federat Revenue Sh~ring 920.00 4. Russell ~ AXon ESt. ~6 6868-Sm-lll&CP Pay from $1~ OUO~O001 Bond IsSue, 5 ~ 510.38 Russell & Axon Est. ~ 6858-9-CP So--ices rendered in connection with PL92-500-Grant. Pay from 6500-298. 1,~88.15 MINUTES OF REGULAR CITY COUNCIL }~ETLNG OF THE CITY OF BOYNTON BF~CH~ FLORIDA~ HELD AT CITY HALL~ TUESDAY, OCTOBE~ 2: 1975. Approval of Bills (Cont'd) 6. L~uderdale Constr~ction Est. ~6 To be paid from$1,000:O00 Bond Issue. $176~890.74 7. Senior Citizens Friendship Club Pay from Federal Revenue Sharing 480.00 8. Ernest Simon Professional fees (see below) 15,936.74 9. Chamber of Commerce (Do!ph Map Co.) To be paid from 5700-483 2~055.00 !0. Romano Const. g Development Co. 6~096.42 Building Official Inspected ~ approved as follows: 2nd draw: $6~773.80 less 1~ retention To be paid from Revenue Sharing Mr. Kohl said these bills have been approved and verified by the departments involved~ checked and approved for payment by the Finance Director and funds are available in their respective budgets. He recommended payment of the bills. Mr. Wallace moved to pay the bills. Mr. DeLong asked to add something to the motion. He agreed to pay all bills but asked to withhold the check on Romano until Mr. Romano came in and made an agreement to finish the work he had started as it was causing an inconvenience to the senior citizens. Mr. DeLong then seconded the motion if this proviso was agreeable with Mr. Wallace. Motion carried 3-0. M~. Kohl referred to an application certificate for payment which he had ~rom the architect, Mr. George Davis. It was for Mr. Lee Walker, the contractor for the sub-fire station in the amount of $8,598.00. Mr. DeLong asked who approved this as they only had the ~ootings in and there was to be a distinct understanding that when the bills were submitted, they were to go to the building official for approval~ fol- lowed by the Finance Director. Mr. Kohl concurred. Mr. Kohl said he had a letter from Mr. Flynn in regard to a bill for $41~600 for Russell & Axon. Mr. DeLong asked that this be held up as the City became involved in this situation without investigating where the money was coming from. Mr. DeLong moved that it be ascer- tained where the money was coming from and ~nat the City got for this sum, seconded by Mr. Wallaeeo Motion carried. Mr. Kohl then read for approval the following breakdown of Mr. Simon's bill for legal fees: - 25 - MINUTES OF REGGLAR CITY COUNCIL MEETING OF THE CITY OP BOYNTON BEACH, PLORIDA, MELD AT CITY HALL, TUESDAY, OCTOBEE 2, 1975. City Attorney's Bill (Breakdown) 1. Library Bond Validation Expenses in connection therewith 2. Palm_land Development Corp. Expenses in connection therewith 5. Ernest Giordano 4. Milnor Corporation Expenses in connection therewith 5. Bishop 6. Peninsular Properties Expenses in connection therewith 7. Eohrbaugh and Medical Arts~ Inc. 8, Patricia Ann Bucko S J. T. Bucko 9. Lehigh Portland Cement Co. TOTAL TO MR. SIMON 12.5 hrs. $ 750.00 '12.24 74.7 hfs, 4,482.00 56.68 14.5 hrs. 858.00 12.4 hrs. 744.00 84.16 50.6 hrs. 1, 836.00 57.5 hrs. 2~250.00 59.66 15.6 hrs. 816.00 3 hfs. 180.00 29.8 hrs. 1, 808.00 $t3,936.74 Mr. ](ohl requested that the above bills, rotating $15,936.74 be transferred from Unappropriated Surplus per his letter for the agenda. Mayor Jackson noted that Council already ~oted to pay this bill. OTHER Mayor Jackson requested that Ralph Pearson of the Transportation Co~nittee be reimbursed for the mileage he is putting on his car due to his study of the bus route. He would be putting in approximately 100 miles and Mr. Frank Carrel contacted the Mayor in this behalf. She noted that Mr. Pearson hasntt requested this but is putting so much time and effort and gasoline into this project~ she felt he should be reimbursed. Mr. DeLong felt that Mr. Pearson might be offended by this request end unless he made a plea for reimbursement himself~ he didn't think the Council should take any action. Mayor Jackson explained that Mr. Pearson's car was being used instead of Mr. Carrel's so they could combine their efforts and that was the reason for the request. Mr. DeLong suggested asking Mr. Pearson if he wants to be reimbursed and that the matter could be handled administratively. - 26 - MIN~dTES OF REGULA~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH: FLORIDA, HELD AT CITY HALL, TUESDAY, OCTOBER 2, 1973. Mr. Flynn returned to the subject of the City Attorney's fees, stating that the money to pay those has to be appropriated from unappropriated surplus and this was omitted in earlier discussion~ Mr. DeLong said the bills have been approved by the Finance Director and the City Manager and ~eeommanded for payment by the City Manager. These recommendations are to be incorporated and made a pa~t of the minutes, so when referred to later, it can be seen that the recon~nendations had been made. Wallace moved to adjourn: seconded by Mr. DeLong. Motion carried. Meeting adjourned at 11:20 P.M. CITY COUNCIL OF BOYNTON BEACH, FLORIDA ,7 Mayor Councilman ATTEST: Councilman Councilman City Clerk - 27 - 10/10/7> Mms. Padgett: Minutes may be proofmead. Mr. KohlTs secTy couldnTt locate copy o£ Toby Prince Brigham lettem mef6rred to and it must be incorporated into minutes. I~ll see if Mr. Simon has a copy of the letter a~d the proposal regamding Rinker. Will call you Thurs. morming. Kathy. lscharge~ ~ch wilt mest~ict the n~mbe~ of.add!t~onal connections to tbs stipulation provided that the use of such plants must 5e discontinued and t~t they must be r~moved f~m the servicerarea as soon as the City's rsqional disposal system]~i$ ~%ac~d in operation; and ~%~EREAS~ the regional p!a~ 'requires that such interim plants be ptac~d under direct-cont-~ol, operation and maintenance o~ the City of Boynton Beach, the area A~ency; and , WHEREAS, ~to facilitate implementation of Federal, State a~ County. requirements for Developers desiring to obtain wastewater disposal ser%~ice for new constmuetion within City's service a~ea~ NOW: HEREFORE~ ~/1 Oonslderatlon of the mutual covenants, promises and ~ep~esentations herein: the parties beret9 agree aS ~'follows: A. It is mutually ag~0eed as follows: t. T~t operation and maintenance. prior and ~he information requi~ed by higher ~uthoz~ity~ inelu~ a legal desC~iut-ion and survey of'the plant site~ must be submitted to anx~ approved by the City of Boynton Beach. Such submittals shall be made ~ectly to the o~fice Of Manager. App~ova! b ' ' · - - y the City of such applicatmon wmll constitute me~ty as such, will not be suff~ent:, au~tl'~iti~ %~0~. ~s~uap~a:of ~uy eonst~wactic~. permits, - 5. Tha~ mimpn, ondmtional app~ova~ by twne City~ the a ~'oquired '~'o s~mit the nec~ssa~-appJ-~¢a,!rion anG dom.mm~ts Jto tim Ar~a PJ.~m"~-~g Board of Palm Beach Cour~%-y-and' the Palm Beanh County Health-Bepa~.~aent for fu~ ther proceasing to the Floz~ida Department of~ Pollutmon Control zn~ accordance with 4. That no cor~t~uetion of interim t~eat~kent plants shall be made, uAtii the applicant has received the re~ed approvals of alt County and State regula- tory agencies, and a copy of the plans as finally approved, filed with the City Manager~ as well as appropriate' building-permits' as maybe mequi~ed by the Murniei- pat o~ County agency having building-permit jurisdiction at the interim plant site. 5. That this Agreement is in addition to~ and does not supplant any established requlations co~erin~ zoning~ site p!ap~ing, enginee!~ing, building pe~its~ monnection fees~ or any othe~ p~ovisionsof subdiv~s!on and land development regulations as may be in effect pertaining to the a~a to be serviced by the interim package wastewater treatment plant. -2- 6 o ce~fica~e of occupancy Sh~ be uti3~zing the t~t P!~ ~til app~at o~ the ~te~ p~t ~d mane~r o~ect~ fao~]l~ies ha~ ~ ~p~o~ and aee~t~ by the a recomded plat~ the time tmeatment plant and : bond is to intem~3m~ t-~eatment plant upo~ D~ve!oper*'s collection s - .hail p~ovide valves and immediate disconnection of the intemim plant fmom sewers in the Deve!ope~,s area ~within 24 hours af~ce~ meeeipt of said notice in No. 2 (a) above. - · To have inte!~unt-f~atment plant whiah will: (a) Dispose of all liquid effluent into ~-site containment facitities~ as required by ~egn!atory agenccles. (b) P~ovide easy access to and within the plant site for opemation~ r~aintena~oe and ~2nova! Of s ~ olid waste~ sludge, etc. -3- 5. Dnrin~ the period of operation and maint~aance o~ intem~im ' h plants by personnel of the C~ty of Boynton Beae , the users of such Sewerage system will be eharge~ the usual monthly service ~ates currently applied to all other similam users (o~ ~c~stome-~s~) of the City's system and~. the operation a~d .main- tenance costs which exceed the monthly ~evenue f~om the system, C. City agrees to: acceptance by the City sewag~ D, The pa~ties have ~ and understand the and now state that o~ ~ent not expressed in this Agreement has bean made IN WITNESS WHEREOF~: -~ Devetopem' and the City have ~hemeuuto cause~ to y, ea~ freest = (SE~) R' ~Cipat Co~p~ration ATTEST: ~TTEST: By: STATE OF FLORIDA ) COUNTY OF PALM BEACH) BEFORE ME, the undersigned authority, personally appeared and of the City of Boynton Beach~ Florida~ and acknowledged that they are the -4- of they h~ve executed ~---~-Publie~ State o~ Flomida at' La..~ge ~Y Co~mis$ion ExpiZ~s