Minutes 07-17-73t~I~UOTES OF P~EGULAR CITY COUNCIL ~ETING OF THE CITY OF BO~NTON BEACH~
FIDRIDA~ ?~LD AT CITY HALL~ TUESDAY~ JULY 17~ 1973.
Emily ~. Jackson~ Mayor
Joe DeLong, Vice Mayor
Da%~id Roberts~ Councilman
Edward F. Harmening~ Councilman
Forrest L. Wallace~ Councilman
Frank Kohl, City I~nager
Ernest G, Simon~ City Attorney
Tereesa Padgett, City Clerk
~tayor Jackson called the meeting to order at 7~30 P.M. She welcomed the
audience and asked them to rise for the invocation, given by Father
Morrison of St. Marks Church, followed by the Flag Salute led by the
City Attorney~ Ernest Simon.
Mayor Jackson presented a plaque to Mr. Robert B. Olds for l0 years of
dedicated ser%-ice on the Boynton Beach Planning and Zoning Board and the
Board of Adjustments.
Service awards were also presented to Mr. Karo Williams, who received a
diamond service pin and $50.00 savings bond for 25 years of service,
Muriel Holzmmn and J~nes Rhoden, who each received a service pin for l0
years of service respectively.
Mayor Jackson then announced that Budget Hearings would be held on Monday~
July 30th at 7~30 P.M. and possibly also on July 31st~
There was some discussion between MayOr JacksOn, Mr. DeLong and Mr. Flynn
concerD~g the millage rate robe set for the City. It was decided that
the Council members would meet after receiving the guidance of the Tax
Assessor and the Finance Director.
MINUTES
..R.e.gu..lar Meeting - June 19~ 197B (On. the ~able)
Mr. Roberts moved to take this item from the table~ seconded by Mr.
Harmening. Motion carried
Mr. DeLong had several corrections as follows~
On page S, he clarified with Mr. Kohl that the word "books" in the third
paragraph from the bottom, first line, should be "bids."
On page 6~ paragraph 2, lines 3 and 5, the word "flow" should be "floor."
On page 10: paragraph 1, line 10, the term "$1 billion" should be $1.00."
On page 38~ the third paragraph from the bottom should read, "itt. Simon
said as the City Attorney, he should bring any matter such as this to
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MINUTES OF REGUIAR CITY COUNCIL MEETING OF T~E C~2¥ OF BOYI~ON BEACH,
FLORIDA, HELD AT CITY HALL~ TD-ESDAY~ JULY l?~ 1973.
Council's attention. Mr. DeLoD~ said to 1@. Simon that he will find
many times that the Council ~ill not ~ccept the ~dvice of a City Attorney~
so he might as well get used to that. :~
~&~yor Jackson made the following corrections
On p~ge 57 paragraph 3~ line 3~ the word '~sway" should be "swale."
On page 14~ third paragraph from the bottom~ line 7~ the term "PB ordinance"
should be "PUD ordinance."
~. Roberts moved to adopt the Minutes of June l~th as corrected and
Mr. Harmening seconded~ There was no discussion. ~otion c~rried 5-0.
Regular, Meeting -, July 3~ 1973
Mr. DeLong said that the last p~ragr~ph on p~ge 9 was in error as
Mr. Kiersky didn'~ get the gist of what ~ms being said. ~. DeLo~
said the misunderstanding was clarified on page lO in paragraphs 2 ~ud
3~ and he ~sked to have Mr. Kiersky's remarks noted above stricken as
being in error.
On page ll~ paragraph 5~ ~. DeLong said it should state thet he pointed
out that the bench signs must be approved by the Building Department.
On page ll~ paragraph 6, lines 8 ~nd 9~ the pkrase "... and in permitting
non-charitable organizations the same rights." -- should read~ "... and
in not permitting non-charitable organizations the same rights.~'
On page l?~ paragraph 1, line 1~ the word "rates~: should be "co~2nection
charges."
Mayor Jackson pointed out on page 8~ the second paragrmph from the
bottom~ referring to Pine Tree ~Sub-Division" -- it should be "Club" as
Pine Tree is not part of Boynton Beach.
On page 10~ the last par~graph~ line 1, the word "denied" should be
"defied°"
Mr. DeLong moved to adopt the Minutes of the Regular Meeting of Jul~ 3rd
as corrected, b~. Harmening seconded. There was no discussion. Motion
carried 4-0, Mr. Wallace abstaining due to his absence.
PUBLIC AUDIENCE
Mayor Jackson asked those who wished to speak on items on the agenda to
lemve their n~.~es and the item number with ~&rs. Padget%. She then invited
those who wished to spe~k on i~ems not on the agenda to speak withina
three minute time period, adding that if they had more to say~ they would
be heard at the end of the meeting.
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MINOTES OF REGULAR CITY COTJ~CIL NEETI~ OF THE CITY OF BOYt~TON BEACH~
FLORLDA, BEDD AT CITY HALL~ TUESDAys JULY 1% 1973.
Mrs. JcDn Stewar% 1512 N, Eo 2nd Court: aske~ if the City was 1,ecompensed
for the destruction to the streets by the trucks 5~uvolved in building in
her section of Rolling Green 1. She also co~01s~ined of a l~rge hole that
~? dug by a City truck alongside her driveway and she has been unable
to get the City to fill it up, l~yor Jackson ~sked Fm. Eohl to take care
of Lthis matter.
Mrs. l~n~retti, 1~18 S.W. 2Otb Stree% brought up the s~fety hazard of
weeds that grow in the c~nal behind her house, covering the water. Mr.
Kohl said the City was working on the problem and the sprayers were out
to take care Of it·
Mr. C. F. Watson~ ~ice President of 242~f Corporation~ Ham~s~hire G~rd~,
pre~ented a petition to the Council against the loud music from
Restaurant. Said petition was referred to the City B~anager to handle in
accordance with existing ordin~uces.
Mr. Norman Hand~ 11t9 N. Seacrest Boulevard~ complained about the fact
that nothinE was being done about the youngsters loitering, breathing in
~nd playing loud music in the ~rea between lOth and l~th Streets very
l~te at night, ~r. Hs~d suggested a curfew, l~yor Jackson said there
would be a discussion l~ter about a parental responsibility ordinance.
She also asked M~~. Kohl to discuss the problem with the Chief of Police.
¥~. Kohl advised that he h~i also written a letter to the Juvenile Court
concerning the release of children without some sort of per~lty or discus-
sion with the p~rents.
BIDS
Addition to ~ilson Center
Mr. Kohl recommended ~cceptance of the low bid from Romano Construction
Comp~uy of ~est Palm Beach in the amount of $BB,86%00 with f~nds to be
taken from Federal Revenue Sharing as directed by the City Council.
Ms, or Jackson ~sked Mr, Kohl to re~d the other bids whieh he did ~s
follows~ ~ ~
Phase 1 - $2%900.10
Phase 2 - ~%100.00
Mr. DeLong moved to accept the City 2~uager's recommendation to ~ccept
the low bid of Romano Construction Comps~y in the amount of $B3~869.00
to complete the first a~d second phases of the addition to Wilson Center
e~d also to prepare a plsn for a parking lot to go out for bid. Mr.
Wallace seconded the motiom~
There v~s some discussion between Mr. H~rmening and Mr. Barrett s~ to
why so few bids come in when approximately 15 requests are sent out.
Mr. DeLong stated that there was no laxity on the pa~t of the City~ followed
by ik~rther discussion among the Council. Motion carried 5-0.
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MIAVJTES OF REGU]L~ CITY COUNCIL 14EETING OF THE CITY OF BOY~TON BEACH~
FLORIDA, HELD AT CITY HALL~ TUESDAY~ JULY l?~ 1973.
Repairs~ Regrading & New Construction - Casa Loma Boulevard
~r. Kohl read the two bids received -- Rite Way Paving Company in the
amount of $29~02~.30 and Hardrives, Inc. in the amount of $30~897.OO.
He recommended awarding the l~ bid to Rite Way Paving Comps~uy, with
funds to be taken from Account No. 2500/520, %'hich had previously
been allocated for the S.E. 2nd Avenue Railroad Crossing which Council
decided to eliminate.
~v~. Wallace moved to accept the recommendation of the City ~4anager as
above and ¥~. Harmeni~g seconded. Under discussion~ ~3~. DeLong asked
the amount of the funds in Account No. 2500/520 and ~r. Eohl answered
~5~000.OO. Motion carried 5-0.
Construction of iuimal Control Center
Mr. Kohl said this item was re-bid at Council's direction and since the
City Attorney advised that the City cannot go back to the first bid
after having been rejected~ the only recourse would be to go out again
for bid which would delay this project another 4 to 6 weeks. Mr. Kohl
therefore reco'm~ended the acceptance of low bid from McLaren Constructio~
Company in the amount of ~2Z,792.OO plus a~ added $165.00 for 40 kennel
door slides made of alttminum~ for a total of $27,957.00 with funds to
be taken from FederalRevenue Sharing.
Mayor Jackson asked Mr. Kohl to read the other bid which he did -- frc~
Romano Construction Company in the s~ount of SBl~OO0.00.
Mr. DeLongmoved to accept the recommendation of the City Manager and
award the bid to McLaren Construction Company in the amount of
Mr. Harmening seconded the motion. There was some discussion concerning
the amount of the original bid which was $B5~800.00~ including a chain
link fence. Motion carried 5-0.
See Page 4-~
LEGAL
Ordinances - 2ndReading
No. 73-23 - Levying Assessment, Paving Portion of S.E. 26th Avenue
{On_the Table)
Mr. Wallace moved to take this item fram the table: seeonded byMr.
Harmening. Motion carried 5-0.
There was lengthy discussion between the Council and Dr. Simon regarding
the City's paying 50~,~ of the assessment in question. Dr. S~mon said
as a compromise~ he and Dr. Skinner would, be willing to pay the assessment
on Lot 92 (the back lot) which actually faces on 26th Avenue. He said
that Lot 93 which faces on Seacrest could not derive any benefit.
Mr. Wallace said that before a motion was ma~e and inasmuch as he wasn't
present at the last meeting~ he wanted to point ou~ that at a previous
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MIN/1TES OF RE~dLkR'~CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~
F,LORIDA~ HELD AT CITY HALL~ TUESDAY~ J~LY 17~ 197):
e See Page No, 4~
Chai n Link P~n__ce. ~or. A ',rd~_l C0nt- ~ol Centem
M~: Kohl ~eeommended aeee~3tanee of the sole bidde~ ~o~eal Indus-
~les, ~e, in the ~uht of $7~778.91~ ~th funds to be taken f~om
Federal ~venue ~a~i~g ~nds.
~. ~e~g ~o9~ t6 a~9~pt the rec~en~tions of the Ci~ Manage~,
ec0~e~ by M~ D~, .~de~ d~seusslon, M~, ~Long ~l~ted out
that ~Se fi~S W~e i~ .l~e With the Capital ~p~t Plan
whi~ he had 9e~$ted oh ~ a p~ CounCil ~etinq. ~tion
ca~i~d 5-0.
~INDTES OF REGULAR CITY COUNCIL MEETING OF THE C±~z'~~ OF BOYNTON BEACH~
FLORIDA~ HELD AT CITY HALL~ TUESDAY~ JULY 17, 197B.
meeting~ it was assured to the Council that there would not be a~y water
drainage on the property. Therefore~ he would like to see some t~-pe of
humane arrangement made. He suggested that the City Manager work out some
sort of ~greement and present it to the CoUncil for a yes or no decision.
Mr, Roberts felt that perhaps a ps~yment of $1~000.00 would be fair.
There w~s further discussion between Mayor Jackson and Mr. Kohl regarding
an equitable arra.ngement and Mr. ~'~.~lace suggested that a policy be
set Up for s~tu~tmons that come up like this throughout the City.
After more discussion, Mr. Ha~mening moved that the City Engineer be
directed to ascertain the correct figttres and that the City Attorney
drs~up a new ordinance reflecting an assessment based on the front
foot~ge of Lot 92 ~nd to rescind the present ordinance No. 7~-2S~ also
that the City pick up the tab on Lot 9~. ~iv. $~allace seconded.
Under discussion~ ~r. DeLong said he would like to refer ~r. Ha~menLug's
recommendation back to the City Nenager as the proposal ~om the City
Council~ have the parties concerned be in agreemen% con~?~m~te the
agreemen% and follow this by the readi~ of the ~mended ordinance.
There was additional discussion among the Council during which they
asked Dr. Simon if he could spe~k for Dr, Skinner in accepting the
~rrs~gement as set forth in Mr. Harmeni~'s motion. Dr. Simon said he
~nd Dr, Skinner would accept the assessment for Lot 92~ as he could speak
for Dr. Skinner.
Mr. Harmening repeated his motion~ followedby further discussion.
~otion carried 4-1; Ms~vor Jackson dissenting~ stating that she felt
the motion w~s discriminatory in that there are other people being
~ssessed on thmt ro~dwho are being fully assessed.
Mr. DeLongmoved to read Ordinance No. 73-23 on second reading~ seconded
by Mr. Harmening. There was no discussion~ Motion carried 3-2~ ~s~yor
Jackson andMr. P~allace dissenting. ¥~. %~all~ce qualified his vote as
he had not completetyunderstood the motion.
~m. Simon read Ordlin~nce No. 7~-23 on second reading by caption only.
Mr. DeLong moved to reject Ordinance No. ?~-2~ on second reading. M2.
Harmend~ug seconded the motion. There was no discussion. ~otion carried
4-1~ M~yor Jackson dissenting.
Ordinance 73-26 - Re Nedia~ Strips~ etc.
Mr. Simon read Ordinance No, 7B~26 on second re~ding by caption only.
Mr. H~rmening moved for the adoption of Ordinance No. 73-26 on second
reading. ~r. DeLong seconded. There was no discussion. Motion carried
MINUTES OF REGULAR CITY ~LV~CIL ~ETIEG OF THE CITY OF BOYlk~ON BEACH~
FLORIDA~ HELD AT CITY HALL~ TUESDAy~ JULY 17~ 1973.
Ordinance 73-27 - Re Capital Improvement Fund
Mr. Simon re~d Ordinance No. 73-27 on second reading by cal~ion only.
Harmening ~moved to ~iopt Ordinance No. 73-27 on second re.~a~g~ seconded
by Mr. DeLong. There was no discussion. Motion c~rried 5-0.
Ordinance No. 73-28 -. Approval of Plat - Golf View Harbour, 3r<~ Addn.
Fa. Simon read Ordinance No. 73-28 on second reading by caption only.
Mr. DeLong moved for the adoption of Ordin~uce No. 73-28 on second
reading, seconded by Mr. Harmening. There was no discussion° Notion
carried 5-0.
Ordinances - !st Reszting
Mo. 7B-29 - Amending See. 23A-3 of the Code Re Sewer Charges
Mr. Simon read Ordinance No. 73-29 on first teasing -- An Ordioance of
the City of Boynton Beach~ Florida~ Amending Section 23A-3 of Capter 23A
of the Codified Ordinauce of Said City~ Providing for the Amendment of
Rates, Fees and Obher Charges for the Use of the Services and Facilities
of the Municipal Sewage Disposal System~ etc.
~s. Padgett a~vised the ~&~yor that t~. O. T. McLean v~ished to speak on
this Ordinauce.
Pk~. O. T. ~Lean~ 906 S. Federal Highway~ asked if this ordinance was
going to apply to every building in Boynton Beach or only to certain
units.
~yor Jackson ar~wered that it applied to all residential units so that
they ~.~uld be the same as single family hemes. Mm. McLean ~zanted to know
if the ordinance applied to businesses and he also asked what the present
rates are for fixture charges.
Mr. DeLong ~ud Mr. Clark explained that this ordinance covered an increase
on connection charges to new construction effective iEmediately instead
of Jamuary l~ 1974. b~o Kohl explained that the single fsmily residential
customers~ 5 fixtures or less is $4.00 per month minimum~ which is what
it has been. ~. McLeau felt it was commendable that the Council
bringing certain units into conformity with what others are doing. Mw.
McI~aa had some further questions regarding the sewer connection charges
which were clarified by the Council.
Er. Roberts moved for the ~doption of Ordinance No. 73-29 on first resding.
F=. DeLong seconded the motion. There ~s no discussion. Motion carried
5-0.
Ordinance No. 73-30 - Amending Ordinance 72-31 - Re Beach Parking
Jackson explained that this ordinance covered the area of residents
plmcing their ~utomobile stickers in m visible maauer before entering
MINUTES OF REGULAR CITY COUNCIL MEETING OF T~E CITY OF BOYNT0~ BEACH~
FLORIDA~ HELD AT CITY HALL~ TUESDAY, JULY 17, 1973.
the beach. }~r. DeLoo~ had a question concerning the inclusion of ~.~llet
size permits for those persons who do not own ~ ca~. After some dis-
cussion, ~. Roberts suggested moving on the present ordinance and t~ng
care of other problems later.
Mr. Simon read Ordinance No. 73-30 on first reading -- ~n Ordinance of
the City of Boynton Beach~ Florid~ Amending Chapter 19 of the Codified
Ordinance of Said City by~mending the Rules and Regulations as to the
Placement of P~rking Permits and byProviding for Specific P~rkingAreas
for Certain Vehicles~ etc.
~r. Roberts moved for the adoption of Ordinance No. 73~30 on first resoling.
Mr. DeLong seconded. Under discussion, Mr. Harmen~ asked Nr. Simon
if he h~d an Ol~pOrtuuity to review the legality of ~ffixlng articles
to the wind~hield~ per section 316.RlO. ~r. Simon explained that non-
transparent items were prohibited e~cept that which was required by
l~w -- ~nd his intez~retation was that these stickers were requiredby
law.
Mr. ¥~allace said he was qualifying his vote as he felt that the p~king
restrictions were unconstitutional aud discr~m~u~tory, even though he
~s going to vote for the ordinance. Motion carried 5-0.
Resolutions
No. 73-~E~ - Appointing Resident Member to Firemen's Pension Board
(On the Table)
M~. Roberts moved to take this item from the table, seconded by ~.
Harmeni~g. There ?~as no discussion. ~otion c~rried 5-0.
~yor Jackson noted that ~@. D'~hugelo has agreed to serve on the subject
Board. Mr. De,cng moved for his appointment, seconded by Mr. Rs~rmening.
There was no discussion and no other nominations.
~. H~rmening moved that nominations be closed. ~r. DeLong seconded~
Motion carried
I~m. Simon read Resolution Nco 73-E - Appointing Resident Member to
the Board of Trustees MunicipaZFiremen's Pension Trust Fund,
M~. DeLong moved for the adoption of Resolution No. 7S-N2~ seconded by
~. H~mening. There was no discussion. Motion carried 5-0.
~o. 73-00 - Re P~lml~nd Development Corp. - Stipulation & Agreement
Mayor Jackson asked if this resolution was written to give Pal~1~ud
permission to go before the Area Planning Board on the following
~. Simon e~l~lained that in his brief discussion ~ith Mr. Elinek~ he
understood that the previous submission was rejected ~nd it was requested
that it be submitted on ~n individua&basis~ s~ud that is the l~urpose
of this resolution.
~INUTES OF REGULAR CITY COUNCIL ~i%TING OF THE CITY OF BOYNTON ~ACH~
FLORIDA~ HELD AT CITY HALL~ TUESDAY, JULY l?~ lg73~
There was some discussion as to whether or not a resolution was necessary.
~. ~rardlaw of Ps. Ireland said he did not kn~ at this point what was
proper~ but he ~u!d like tO go before the Are~ Planning Board and
specifically ask for an interim facility for Char~er ~orld~ Further
discussion ensured regardi~ the necessity of the resolution versus
the signing of an applicmtion to appear before the Arem Planming Board
by an official of the City~ such as the City Engineer.
Mr. DeLo~g then moved thmt the City F~anager in conjunction with the City
Engineer snd the Consulting Engineer ~ draft the appropriate letter to
~cccm~nodate Mr. ~ard!aw ~rith his ~pl~al to the Area Pla~g Board.
I~. Har~nlu~ seconded the motion. There was no discussion. Motion
carried 5-0.
~. Harmening moved that proposed Resolution No. 7B-C0 be stricken from
the agenda. ~. DeLong seconded. There w~s no discussion and the
motion carried 5-O.
Mr. K~linck cane up to.explain that the appear~uce before the Area Plarming
Board the next day was ~ pro forma approval of Pal~land's concept of
going to an interim waste water treatment plant~ but before the whole
plan can actually be ~pproved~ detailed criteria must be prepared in the
fo~Tm of a formal application~ both for the Arem Planning Board and
acceptance by the County Health Depaa-tment. Mr. Klinck said that he and
Mr. DeYoung of Black~ Cr~ and E~6s$. h~v~signed a joint letter
~ddressed to the Council~ covering the concepts of both ~ter and
sewer service to Charter l~Yorld in which cost estimates are mentioned.
Mr. K!inck said that it would be in the best interests of the City and
the Developer for Palm, and to advance to the City cost of the construction
of a permsnent w~ter transmission main from the treatment plant site to
their development. He explained that cost would be ~dvanced as a credit
against so many%~ter connection charges and when they use up that credit~
then Palmland would start paying future connection charges. He said
that the present water plant: treatment cmpaeitywith new wells~ would
be able to handle their development's water requirements until our project
can get on its feet. Mr. Iflinck presented a letter to ~. Kohl and
said he would discuss the contents of this enginearing letter after the
Council has had an opportunity to review it.
Mm. DeLongmoved to suspend %~th the regular order of business and Jzunp
down toEA~,~ BUSINESS~ Presentation: Palm Beach County Transportation
Authority~ in order to enable these gentlemen from out of town to m~pear.
Mr. Hsam~ning seconded the motion° There was no discussion. Motion
carried 5-0.
i%~ BUSI~!ESS
Presentation~ Palm Beach County Trans_pprtation Authority
Mr. Tom Andersons Chairman of the Operations Cor~ttee of the Transportation
Authority Advisory Board made a presentation and request for financial
MINUTES OF BEGULAR CITY COUNCIL ~EETING OF THE CITY OF BOYt~ON
BEACH~ FLORIDA~ HELD AT CITY HALL~ TUESDAY~ JULY 17~ 197B.
assistance in au effort to exp~ud the Palm Beach County Bus System to
include the South County a~a~ specifically Boynton Beach. He explained
that the bus system would go through the City ~nd would also link Boca~
Delray and Boynton Beach with ~est Palm Beach~ La~e Park and the cities
to the north and s~l the cities in between. He said the projected cost
to Boynton Beach would be approxim~te!y $9,000o00 per yea~. He said
that Pa~-~ Beach County w~l absorb the total cost in the unincorporated
areas of the County°
~. Anderson said that it ~s hoped to obtain the authority fro~.the
Transportation Authority to lower the r&tes ~of the bus system to a basic
fare of 25~ in the first zone at a public hearing at the Palm Be~ch
County Court House on AUgust 15th, There will also be a senior citizen's
rate~ commuter pa~kages~ etco He explained that since the public ttse
of the bus system would probably not become too pop,Liar right awsy~ funds
would be needed from Bo~aton Beach for at least three years. He then
spoke about the contributions that the surrounding cities were willing
to offer in support of this project~ as well as the County~ State and
Federal Government°
Mr. Anderson said that the least he would like is that after the Council
sees the presentation bythe representatives of the bus system, the Council
would write a letter or a resolution or send ~ representative to the public
hea~ing on August 15th~ b~ckingthe expausion of the bus service in Palm
Beach County.
Mayor Jackson asked Mr. Anderson if he would be able to give a presentation
at a workshop meeting ~s a meeting is tent~tiveJyplannedwith the
consulting engineer for the following week° ~ Anderson said he would
be happy to meet at the Council's convenience.
Mr~ John Pippin~ representing the County Transportation Authority~ gave
a brief presentation~ stating that the plan of the County is for 100~
expansion consisting of service miles to the public. He reiterated ~Mr.
Anderson's remarks that he would be pleased to give the Council ~ det~,iled
presentation ~t a workshop meeting.
Mr. DeLong expressed his feelings for the necessity of workshop meetings.
There was discussion among the Council regarding a specific date and time
for the workshop meeting and it was set for Thursday~ July 26, 197B ~t 5 P.M.
2~, DeLong moved to revert to the regular order of business. ~. H~rmening
seconded the motion. Motion carried 5-0.
OLD BUSIHESS
Discuss Merit R~ises__(Vice ~vor DeLong)
After a few preliminary remarkss ~r. DeLong moved to amend R~le 6~ titled
"Compensation Ptan~ Section No. 14~ titled Merit Increase in Sal~rys'~
Civil Service Rules sad Regulations~ page 10~ a~ fo~hc~zs~
MLA~3TES O~ REGULAR CITY COUNCIL ~ETING OF THE 0±~±'~ OF BG~iTON BV, AOH~
FLORIDA~ HELD AT CITY HALL~ TUESDAY~ JULY 17~ 197~o
"The City Ifianager shall recommend to the City Council
writing~ s~ll merit increases in s~ia~v~ relative to dep~rtment
heads o ~'
Mr o DeLong added that this will not affect the st~ndiug rules ~nd
regulations insofa~ as the e~p!oyee in the lc~er echelon is concerned,
but is only pertaining to the City Department He~ls.
~r. Roberts seconded the motion° Under diseussion~ ~r. Wallace abstained
from voting at this time~ as this ~s discussed previously at the
budget hearing when he %~s not present and he v~ished to listen to the
recording of said he~ring~ }?~otion carried 4-0~ Mr. Wa3_l~ce abstaining.
Discuss "Parental Control '~ Ordinance [Ma_2~p~ ~J~9~son)
~or J~ckson referred to Attorney General Bludworth's te]~vi~,~,on ~£~es.~-
ance~ advocating the cities passing some t~pe of ordinance making the
p~rents respons ib!e for their chil~_ren's ~ctions and the Lake [~Yorth
Ordinance on this subject. She a~ked for the Co~ucil's feelings.
~s. Padgett advised that ~irs. Stewart would like to speak on this item.
Mrs. John Stew~rt~ 1512 N.E. 2nd Court~ said that she hoped the City
~-ould seriously consider passing such an ordinance ~nd she related an
incident of children breaking into her husband's business. She then
asked if there was say %~y of forcing the parents to pay for damsges
and Chief Huddleston advised that this ~s a civil action in which the
police would h~ve no Jurisdiction.
There was further discussion between ~ayor Jackson and Chief Huddleston
regarding ~zhether or net the ordinance under discussion could be enforced.
He said this particula~ ordinance would only cover parental responsibility
regarding the criminal action~ but not the civil action.
Mr o DeLong suggested turning this item over to Mr. Simon for the drafting
of what he thinks %~ou!d be an appropriate enforceable ordinance in line
with the L~ke ~,~orth ordinance.
~o Wallace said he felt the Council should become familiar with some
of the r~ications of such an ordinance es to whether or not it could
be enforceable° He spoke further on this point and suggested that
possib3~y a curfew ~uight be more enforceable and also that the Police
Department recommend to the Council what they feel might alleviate the
problem and if an ordinauce is in order~ then refer it to the City Attorney.
There was further discussion as to whether or not this item should be
turned over to the Police Department or the City Attorney~ dua~ing which
~. Simon explained to ~So Stewart that there was no way that an ordin~uee
could be drafted that would give her the kind of protection she was
seeking~ as it was a civil responsibility. There is no %~y that parental
responsibility could be provided to the individual who is harmed or
injured. He s~id that the only result that would come of any ordinance
MINUTES OF REGULAR CITY COUNCIL ~W~TING OF THE CITY OF BO~OI~ BEACH~
FLORIDA~ HELD AT CITY HALL~ TUESDAY~ JULY l?~ 1~73.
if it were held valid by the courts would be a fine or jail or both for
the parent~ however~ the injured party would not derive a~ benefit as the
compensation x~ould go to the City for the fines ~nd jail sentence.
Discussibn continued as to the t~-pe of ordinaace that might be drac~ted.
~r. DeLong moved to refer this matter to ilar. Simon for research ~nd have
him return to the Council with a~ opinion or recommendation. ~r. Roberts
seconded the motion. Under discussion: ~. ~all~ce reiterated his feelings
that there be specific close coordination between the City Attorney and
the Police Department in researching this item. It w~s clar~ed b~ M~.
DeLong that Mr ~ Simon would work wit~ the Police D~epartment. There was
~her discussion B~et3*een Mr~ Harmening~ M~. Simon cud other Council
ers concerning th~ POssibility Of ~ perent ms~g restitution for
the dsmmges done by hi~ child, thereby reducing the fine or imprisonment~
a~d enabli~ the injured party to recover some of his loss. Mr. DeLong
called for the question~ l~otion carried 5-0.
Discuss Flood Control Insurance (On the T~ble)
Mr. ~a3_l~ee moved to teJ{e this item from the table~ seconded byMr.
Harmening. ~otion carried 5-0.
~. Flynn explained that there would be no expense to the City in spon~
soring flood control insurance. He s~id that the Federal Government
merely~ants ~ list of the areas in the City l~m~ts which are subject to
flooding so that people cannot put in fs~lse claims for damages. He said
that the Zoning Code v~ll specify in the future that there will not be
any low grade building or structures in flood-prone areas. Mr. Flynn
said that the City only has to file an application indicating the intent
to apply for flood control insurance enabling people to g~in coverage
throug~h their individual insurance s~gencies.
There ~as some discussion betvzeenthe Council and ~. B~r~ett as to the
areas that were subject to flooding and whether or not the City was
properly covered by its building code. Mr. Flynn advised that the C~ ty
would be eligible for coverage without cost if a resolution was passed.
~r. ~allace questioned decision by the prior Council upon the r~cormnenda-
tion of the City Attorney to reject this flood insurance because of the
many restrictions in regard to building.
After furbher discussion~ Mr. Ha~mening moved that the City ~iane~er
cheek with the City of Delr~y and any other s~jadent tc~ns that have
alread~ gone into this program and a~e m little further ~long and then
report back to the City Council. Mr. DeLong seconded the motion. Under
discussion~ ~Lv. ~,~allace said that the City Menager should check into
the building codes~ Federal requirements~ etc. ~ and work it out with the
engineers~ Build~_ug Department and all others concerned. ~Iotion c~rried
5-0.
MINDTES OF REGULAR CITY COUNCIL'MEETt~E~ OF THE CITY OF BOYETON BEACH~
FLORIDA, HELD AT CITY HALL~ TUESDAY~ JULY !?~ 1973.
Consider Appointment of Assistant Prosecutor
After some discussion during which it was decided that the Council should
have the name of someone to call on in an emergency as an assistant
prosecutor, ~, Harmening moved to table this item~ seconded by
~allace. Motion c~rried 5-0°
Consider Separating Public ~orks and Utilities Dep~rtments (On the Table)
~. DeLong moved to tske the question from the table. Mr. Ha~mening
seconded. Notion carried 5-0.
~. DeLong said that based on the recommendations of Mr. Hopkins
with econom~ and updat~ug in mind~ he moved to hereby instruct the City
~nager to immediately engage in the necessary prel~in~ry action in
order to organize the separation of the Public W~ks and Utilities Depart~
ments~ pending the creation Of such by the City Council as a~thorized
by House Bill ~o. 10,~,20, "Ho~ie Rule for LOCal Government~" effective as of
October l~ 197B. ~. ~allmce seconded ~the motion. Under discussion,
N~yor Jackson asked Mr. Simon if thi~ Could be done in September so
it could t~ke place on October 1st,
M~. Simon advised that whatever action was taken according to the
motion could be prepared for enactment at any tLme after the effective
d~te of the House Bill on Home Rule. There ~s no i~trther discussion.
Motion carried 5~O.
Disability Insttrance
Ma~or Jackson brought up the subject of disability insurance vzhich was
not on the agenda and asked if several members of the Council would meet
· ~th Mm. Sal DeOanio~ who would give ~ presentation. She mentioned
that Mr. DeCanio wam on the Pension Board. l~. DeLong pointed out that
under the present pension plan, there are no allowances for disability
pension and'the employees w~ut to be covered. The ~myor gave ~. Kohl
~. DeCanio's business phone number to set up a meeting.
ADMINISTRATIVE
Receipt of Pl~t - Ridge Grove Estates
b~. ~¢ens of Ridge Grove Estates appeared before the Council regarding
the problems he was having in getting approval of plat, although he
h~d followed all the instructions given to him by various City officials.
~. Barrett gave the Council some background information and it was pointed
out that this %~s a problamof not following through with the various
procedures~ 5~. Barrett recommended givio~ preliminary and final approvsl
of this plat.
After some further discussion~ Mr. Roberts moved to grant preliminary
~pproval of the plat of Ridge Grove Estates, E~r. Owens pointed out to
MI~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOY'TON BEACH~
FLORIDA, HELD AT CItY HALL~ TUESOAy: JULY l?, 1973.
the Council the emount of money that his corporation h~d tied up due to
the del~y in gr~$ing this approval. The Council assured ~. O~en that
they would do anything possible to ~q~edite the procedure of granting
him final approval, by holding a special meeting along with the workshop
meeting on Thursday~ July 26th at 5 P oM. Motion carried 5-0°
R~eceipt of Resignation of H~rotd Hopkins~ Supt. of Public ~orks & Utilities
M2. Eohl read ~. Hopkins' letter of resignation sm Superintendent o£
Public Works aad Utilities effective July Bl~ 197~.
Mr. Wallace moved to accept the letter of resignation frc~ ~. Harold
Hopkins with re~etSo Mr. Roberts seconded the motion. Under discussion~
~r. Harmening commended ~r. Hopkins in the perfo~m~nce of his job ~ud
said he was sorry to see him leave. The Council agreed and ~yor J~c~on
suggested that Mr. Kohl send ~r. Hopkins a letter to th~ effect.
DeLong added that Mr. Hop~ w~s entitled to the usual certificate of
appreciation. Motion carried.
Discuss and Define Uniforms (M~yor Jackson)
~yor J~ckson said that this item csme up at the budget hearings and
reported in the newspapers in several different ways. There was discussion
among the Council in which it ~r~s clarified that the term"
unmforms" should
be changed to '~uniforms and shoes."
Consider Request of John Schneider for Extension of Retirement Date
Mr. H~meningmoved that the request be honored ~ud that~r. Schneider be
granted the time that he asked for in his letter. Mr. Wallace seconded
the motion. Under discussion~ Mr. Roberts asked if this would interfere
· ~ith any ps~ticular r~les and ~ayor Jackson said no. There was no further
discussion. ~tion c~rried 5-O.
List of Payments ~*~de in June
Mr. ~'~alle~e moved to accept the payments m~de in June. Mr. Harmening
seconded. Motion ca~ied 5~O.
Approval_of Bills
Mr. Kohl submitted the following bills rom~ approv~,], for psfymenb:
Hardrive's~ Inc.
Entrance to Boynton Public Beach
2. Federal Copper &Aluminum Co. 1~487.76
3. Alsay I,~ell Drilling
Mr. Kohl advised that Alsay has already been paid $21:503.00 and it is
now 92% complete.
MINUTES OF REGULAR CItY COUNCIL MEETING OF ~ CITY OF BOY~ON BEACH~
FLORIDA~ RELD AT CITY HALL: TUESDAY~ J~JLY l?~ 1973.
~. Kohl continued to re~d the bills as follow,s:
4. Badget Meter, Inc.
3 Invoices~ a~t bid items
$ 7~B58.80
5. Russell&Axon
Job 6858-8m-III&CP
8~849o19
6. Little Fin~ Inc. 4,496.87
~. Kohl questioned the payment of $4s4~6.8T to I~ttle Fin~ Inc. for
work done in 0ce~URiSge~ It ~s mgreed to pay the bill and then bill
Ocean Ridge if it is their responsibility according to existing ~greements.
After stating that ~hese bills have been approved and verified by the
department heads and the Finance Director~ Mr. Kohl recommended ps~ment.
Mr. Roberts asked · if there w&s,m time l~t on the %~ell d~i]~ug project
~s it w~s not yet in operation and he felt payment should be withheld.
Mr. Kohl explained that the retainer fee and other payment of lO~as
still in the possession of the City°
~r. Cl~rk advised thmt according to Russell &Axon~ pa~t of the del~y
~s due to the m~uufact~rer and beyond the well-driller's control. He
said he would check to see if da~ages e~ld be imposed by the City prior'
to final p~ent.
t~r. DeLong and Mr. Harmeni~ asked for further explanation concerning
the Russell &~xon bill. Mr. Kohl read ~ complete breakdown oF this
bill.
Mr. PL~rme~ moved that the bills be paid and ~. ~allace seconded the
motion. Motion carried 5-0.
~*m. Kohl then read the bill for 1 - 30 yard packer from E-Z Pack in the
amount of $29:916.00~ as per bid approved byOityCouncil January 9~ 1973.
Mr. Ha~mening moved that this bill be paid~ seconded byMr. DeLong.
It was clarified to the Council that this itam had been delivered
there was no further discussion. }~Iotion carried 5-O~
b~. Kohl read the finsl bill for al~Proval from Municipal Code Corporation
in the amount of $1~474.66~ stating that the bill w~s approved and
verii~iedby the department head~ checked and approved for p~yment.
$~a!lace moved that this bill be paid, seconded byM~. Hmrmening. ~Iotion
carried
N~. DeLong pointed out that he was listed on the egenda~uuder LEGAL and
w~s overlooked. He then handed the Council members a copy of Sec. BOB-B2
of the Code on const~ction pl~uning~ indicating where the City Man~ger
w~s concerned rega~ding water and sewer. He felt that ~i~er reviewing
~LII~JTES OF ~GULAR CITY COUNCIL MEETING OF THE CITY OF BOIq~TON BEACH~
FLORIDA~ HELD AT CiTT HALL~ TUESDAY~ JULY 173 1973.
the ordinance~ it should include in conjunction e~d with the cooperation
of the City Engineer as it is pl~cLug a heavy responsibility on the City
Manager in this pa~ticula~ field. Mr o DeLong asked the, t the City Attorney
s~ud the Couucil review the ordin~uce in accordance ~*ith his s~ggestions
so that they could move to that effect.
OTHER
ADJOUP~NT
~. We.l]ace moved to adjourn the r~eeting~ seconded by ~Ur. F~meningo
Carried 5-0.
~,ieeting adjourned ~t 10:40 P.~.
CITY OF BOIq~TON BEACH~ FLORIDA
D~vid Roberts, Coundilm~n
Edward F. H~rmening~ Counci~
Forrest L. ~¢allace~ Councilman