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Minutes 07-03-73MINUTES OF RE~dL~R CITY C~dNCIL MEETING OF THE CITY OF BOYNTON BE~CH, FLORIDA, HELD ~T'CITY F3~LL, ~%i~SD~.Y, JI1LY 5~ i975. PRESENT Em$ty M. Jackson, Mayor Jo~DeLong,,Vi~eMayor DavidRoberts, Councilman , Edward F. Ha~mening~ Councilman F~ank Kohl, City ~nage~ Ernest G, Simon, City Attorney Tereesa Padgett, City CIerk ABSENT Forrest b. Wallace, Councilman Mayor Jackson called the meeting to order at 7:50 P.M. She wel- comed the audience and asked them to rise for the invocation given by the Rev. Louis Shields of St. dohn*s ~nited Methodist Chul~ch~ followed by the Flag Salute led by Councilman Edward F. Harmening. Announcements Mayo~ Jackson presented Miss Boynton Beach, 1975, Miss Nikki Haglund, amlouneingthat she had won top honors in Orlando att he Miss FtoriC%a Contest as second runner-up. Miss Haglundmade a brief speech and presented Mrs. Judy Sisko. President of the Jr. Women's League~ with a plaque in appreciation for their support in her behalf. Fmyor Jackson then announced that City Hall %,~uld he closed for the 4th of July Holiday. Mr. Kohl then read a letter from the West Palm Beauh County .Com- missioner, Robert F. Culpepper, in answer to Mr. K~hl's letter regarding the recently passed Ocean Ridge resolution requesting the Board of County Commissioners to acquire some oceanfront property. Mr. Kohl then read another letter from Michael B. Small, County Attorney, regarding the above property, advising that the piN,petty wilt be left in as natural state as now exists and that it wilt be used in connection with the existing public beach. Mr. DeLong made an announcement clarifying a recent newspaper article concerning the proposed budget of the City Attorney. He said the figures used were not those submitted by Mr. S/mon and he wished to exonerate him from any misunderstanding. Ftr. DeLoD~j made a second announcement concerning another newspaper article which should have reported his recommendation for a salary increase for the City Mmnage~ and Finance Director more completely. He said that he recommended a $1,000 increase at the termimmtion of their first year of service with the City or their anniversary date. -1- MINUTES OF REGULBR CITY COUMCiL MEETING OF THE CITY OF BOYNTON BEACH, FLORID~, HELD AT CITY H~,LL~ TUESD,%Y, JULY 5~ 1975. MINUTES Regular Meeting - June 19, 1975 Mr. ROberts moved to place the Minutes of June 19~h on the table and Mr. Ha~mening seconded the motion. There was no diseussion~ Motion carried 4-0, Mr. Wallace absent. PUBLIC AUDIENCE Mayor Jackson asked those in the audience who wished to speak on an item on the agenda to leave their names with Mrs. Padgett. She then asked anyone who wished to speak on something that was not on the agenda to come forward and speak with a 5 minute time limit. Mr. O. T. McLean, 906 $. Federal Highway, Boynton Beach, said he had t~o items to speak on, but one concerned Mr. Wallace so he would only talk about the other, which was in regard to his complaint about certain individuals in the Police Department. Mr. DeLong asked Mr, McLean to explain his reference to Mr, Wallace and Mr. McLean said he had contacted Councilman Wallace about his thoughts that some things were being done wrong with the conditions of the City. He said he uot a very trite answer and he wanted to read a sworn statement to Mr. Wallace. There was some discussion between Mrs. Padgett and Mayor Jackson coneemning a gentleman who wanted to speak about annexation. It was decided that he wait until the item came up on the agenda. BIDS Boom & Bucket Lift Mr. Kohl said that the Tabulation Committee rec~amends acceptance of the low bid for a boom and bucket lift in the amount of $5,052.~5 and a utility service body for the chassis in the amount of $981,85 from Asplu-n~of Fort Laude~dale in the total amount of $8,014.10. He said no bids were received for a truck chassis to mount this boom and bucket lift but that bids will be ~equested in October for this item. Mr. Kohl recommended approval. Mayor Jackson asked Mr. Kohl to read the names of-the other eom- panics that did bid and the amounts. He read them as follows: Baker, St. Petersburg Boom g Bucket ~tility Service Body $6,151.55 1~507.55 Sky Workers, Conley, Ga. 8,289.00 MINU..~Eo OF REGULAR CITY COUNCIL MEETING OF TME CITY OF BOYNTON BEACH, PLORIDA, HELD AT CITY HALL, T~ESDAY, dilLY 3, 1973. Mr. Ha~mening moved to accept the low bid of Asplundh and Mr. DeLong seconded the motion. Under discussion, Mr. DeLong asked if the funds for these items have been appropriated in the present budget. Mr. Kohl said that $6,000.00 had been appropriated in Account 2500-512 and the additional amount was requested from U~appropriated Funds. M~, DeLong then asked if the City had a truck chassis to mount the boom and bucket lift. Mri Kohl said yes, the truck ~.s i~ operation at this time in P~blic Works~ ~o~ion carried 4-0. Patching Machine Mr. Kohl said that the Tabulation Committee recommends acceptance of the sole bidder, Slurry Seal, Incorporated of ~co, Texas, in the amount of $11,101. Option is not to be considered at this time. The budgeted amount is $10,500.00 in Account 2500-51~2. The amount of ~60!.00 will be transferred from Account 2500-512 .01 to make up the difference. Mr. Kohl recommended approval of this bid. Under discussion, Mayor Jackson said that requests for bids were sent to other companies and this was the only bid that came in. Mr. DeLong moved to accept the recommendation of the City Manager and Mr. Harmening seconded the motion. Mr. Kohl said he wished to point out that it was Slurry Seal of Waco, Texas, as there are other companies with the s~me name. He also said that the price was good for 30 days and included driving the machine f-rom Waco, Texas. The driver would also be available to spend two days in Boynton Beach to train the City personnel in operation. There was no other discussion. Motion carried ~-0. FdBLIC HEARING None. LEGAL Ordinances - 2nd Reading No. 75-25 - Levying Assessment~ Paving Portion of S.E. 26th Avenue Mrs. Padgett said that Dr. Skinner wished to speak on this item. There was then s~me discussion concerning the time allowed to speak. Mm. DeLongmoved to dispense with the regular order of business because there has already been a public hearing on this particular ordinance. Mr. Ha~menin9 seconded and the motion carried 4-0. Dr. Skinner then read frc~ the Charter of Boynton Beach on the Beynton Beach Code, Article 8, on the Public Improvements and -5- MINGTES OF REGULAR CII¥ COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY H~-LL, T~ESDAY, JULY 3, 1973. Assessment portion, Section 156, General Authority Maximum Assess- ment. He made specific reference to the portions that stated t~specia! benefits accrued to the properties ~jQiD/ngJ~' Dr. S~inner th~n quoted from the Minutes of the Meeting of September 21, 197!~ and also minutes of October 19, 1971. Mayor Jackson said she believed D~ Skinner was talking to the wrong people -- he should have been here last year. He said he was~ here and he hada petition that was signed at that ~ime by the majority of the propeDty owners. Mayor Jackson said that she voted against the assessment and Dr. Skinner said now the road is there and this Council has to decide how the assessment should be made. Since he had no higher body to speak to other than the courts, he felt he was speaking to the right people. He then quoted f~om the Minutes of February 15~ 1972 and the M/nutes of September 19, 1972. Mayor Jackson said that everyone was quite familiar with this and Dr. Skinner said he brought it up because the Code specifically said that there had to be benefits derived from something that was going to be assessed, but the ~o lots that he owns have no benefit. Mayor Jackson asked if Dr. Skinner owned the property at the time he was in the audience last year during discussion of this item. He said no, but the negotiations were in the works for the purchase of that p~operty long before Mr. DeLong was in Boynton Beach. Mr. DeLon9 clarified that he~d been in Boynton Beach since 1965. Dr. Skinner said he knew about the situation before the purchase, but he felt that the City should care. Mr. DeLong said he believed Dr. Skinner had made his point. Mr. DeLong then moved that the Council return to the regular order of business and Mr. Harmening seconded. There was no discussion and the motion carried 4-0. Mayor Jackson asked Mr. Simon to read Ordinance No. 73-25 on second reading, which he did, by caption only. Mr. DeLong moved that Ordiomnee No. 7~-2D be adopted on second reading for the purposes of discussion only and Mr. Roberts seconded on that basis as he had a few questions. Mr. Harmening felt the Council might have acted too hastily two weeks ago in adopting this Ordinance on first reading. He said in view of the information received tonight, along with that which he had received from other sourees~ and in light of the City Charter in regard to assessments for improvements~ it appeared to him that the owner of this lot not only didn't receive any benefits as a result of the pavin§, but because the drainage problem worsened, the owner suffered a net loss. He did not see how the Council could sustain this ordinance. - 4- MiNHTES OF REGULAR CIT¢' COUNCIL MEETING OF ~qE CITY OF BOYNTON BEACH, FLORIDA~ HELD AT CITY HALL~ !~dESDAY~ JULY 3, 1973~ Mr. DeLon~ said it is not the prerogative of the City Council to draft the assessment roll. He asked to hear fr~m the i~dividual responsible for the drafting, the City Engineer, to explain why this particular item' was .put on the assessment~ ~ roll. Mr. DeLong said he ~uld base his oplnion on Mr. Clark s statements, Mr. Clark said this construction was approved by Council in order to serve lots which p~esumably had been petitioned. This was a platted street and the extension ~s made from the existing culdesae to Seacrest to aecon~odate the existing lots to be served by this street. The owners were assessed on a front foot basis which is the City's policy. Mr. Harmening asked if the petition Mr. Clark spoke of was by the majority of the property owners abutting 26th Avenue and ~ir. Clark said he had no knowledge concerning the details of the petition. Council told him to go out for bids and he assumed that it was based on the petition. Mr. DeLong asked if Mr. Clark felt that this was a p~oper procedure under the provisions of the City Charter. Mr. Clark said that it was not his prerogative to say that this property benefited. He followed the City policy which dictates that property be assessed on a front foot basis and he had no alternative. Mr. Roberts asked Mrs. Padgett if there has been any occasion where improvements have been made where the City would pay a portion and the owner would pay a portion, especially in s case like this where they claim they do not derive a benefit. Mrs. Padgett said yes, there were many cases where the City has taken care of intersections, etc. and there was one case where the City did pay a portion of an assessment that she could recall. Mr. Roberts said that since the City approved of the paving of this road for the benefit of the City, he would be inclined to give the property owner some relief. Mayor Jackson then reviewed theM inutes of September 2t~ 1971 for the benefit of the Council and spoke about the case in general. Mr. DeLong asked Dr. Skinner if he said he was willing to pay a portion of the assessment and did he feel that the tariff was too heavy. Dr. Skinner said that he felt a just settlement could be worked out. ?ne front lot doesn't appreciate any value with 200 feet on Seacrest Avenue and the back lot is the address of the property. Mr. DeLong said if the seconder would withdraw the second: he would withdraw the motion for the adoption of Ordinance No. 75-25 on second reading. Mr. Roberts withdrew his second and Mr. DeLong withdrew his motion. - 5 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, ~dESDAY, J~LY 3, 19731 Mr. DeLong then moved that this item be placed on the table with the instructions in the interim that the City Manager in conjunction with those involved -- th? City Engineer, the ~ity Attorney, etc. -- attempt to work out ah amicable a~reement insofar as the assessment is concerned. Mr. Harmeni~g seconded the motion. There was no discussion. Motion carried 4-0. Ordinance N9. 73-24 - ~ending Ord. No. 73-!5~ Fed. Revenue Sharing Mr. Simon read Ordinance No. 73-24 on second reading by caption only -- Amending Ordinance No. 73-15, Federal Revenue Sharing. Mr. Harmening moved for the adoption of Ordinance No. 73-24 on second reading. Mr. DeLong seconded the motion. There was no dis- cussion. Motion carried 4-0. Ordinance No. 73-25 - Approving Plat of 10th Section, Palm Beach Leisureville Mr. Simon read Ordinance No. 73-25 on second reading by caption only. Mr. Harmening moved for the adoption of Ordinance No. 73-25 on second reading and Mr. DeLong seconded the motion. There was no discussion. Motion carried 4-0. Ordinances - tst Reading Proposed Ordinance No..73-26 - Re: Median Strips, etCo Mr. Simon read Ordinance No. 75-26 on first reading -- An Ordinance of the City of Boynton Beach, Florida, Amending Chapter 25 of the Codified Ordinances of said City by Adding an Additional Section and Providing for Payment by Developers and/or Property Owners for Costs of Altering Median Strips to Facilitate Ingress and Egress, etc. Mr~ Roberts asked if the Ordiomnce could be adopted as an emergency ordinance on one reading and Mr. Simon said he would caution against it because it borders on zoning and ties in with the Technical Review Committee and the Community Appearance Board. Mr. Roberts moved to adopt Ordinance No. 73-26 on first readin9 and Mr. Harmening seconded the motion. There was no discussion. Motion carried 4-0. Proposed Ordinance No. ~3-~7 r~Capita! Improvements Fund M~. Simo~ ~a~ ~pose~O~rd~r~ce No~. 73-27 on first reading -- An Ordinane~'.o~ th~City:~o~:"~Synton~e~ch~ Florida, Providing for the C~eatt~:a~-'i~Est~D!fshm~nt of an O~erafingCapital Improvements MIh~TES OF REGULAR CITY COUNCIL I~ET!NG OF THE CITY OM BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, JULY 3~ 1973. Fund and for the Transfer of Certain Surpluses Thereto at the Close of Each Fiscal Year~ eta. Mayor Jackson questioned the portion of the Ordinance that made reference to ~poor and aged~? and she felt it should be "poor and needy." Mr. Simon explained that "poor and aged" was the specific language used in the rules and regulations in order to comply. Mr. Hazmening moved for the adoption of Ordinance No. 75-27 on first reading and Mr. DeLong seconded the motion. Under discussion: Mayor Jackson asked Mr. Simon if, when the time comes, it is the needy and nor necessarily the aged that is being referred to. Mr. Simon ex- plained that the rules and regulations must be fotlo%~ed and they specifically state the "poor and aged." He said that Ordinance No. 75-15 left it a littIe more open. Motion carried 4-0. Resolutions No. ?5-MM - Appointing Resident Members, Police Officers' Retirement Fund, Firemen's Retirement Fund Mayor Jackson asked if any of the Council members had a nomination. %,~en no one answered, she asked if someone would nominate Ken Hall for the Police Officers' Retirement Fund. As for the Firemen, Mr. D~Angelo has not been contacted as yet and Mr. Howell said he doesn't have the time to devote. Mr. Harme~ing placed in nomination the name of Mr. Ken Hall for appointment to the Police Officers~ Retirement Fund. Mayor Jackson asked if there were any other nominations and Mr. DeLong moved that nominations be closed. M~. Roberts seconded. Motion carried 4-0. Mr. DeLong noted that one ballot be cast for the unanimous nomination of appointment, statin9 that it is all in the motion. Mr. Simon then read Resolution 73-PhM -- A Resolution of the City of Boynton Beach, Florida, appointing Resident Member to the Board of Trustees of the Municipal Police Officers~ R~tirement Trust Fund, etc. Mr. Roberts moved for the adoption of Resolution 75-MM~ seconded by Mr. Harmening. There was no discussion and the motion carried 4-0. Mr. DeLong moved to table the question of appointing a resident member for the Firemen's Retirement Fund, seconded by Mr. Harmening. ~nder discussion, Mrs. Padgett advised that Mr. D~Ange!o would return in a little less than three weeks. Motion carried 4-0. Other None. - 7 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL~ TUESDAY, dilLY Dj 1973. OLD BUSINESS Discuss Name for Park on U. S.Ti ~ (On the Table) Mr. Roberts moved to take this item from the table and Mr. Harmening seconded. Motion carried 4-0. Mr. DeLong moved to name the park on U. S. ~1 ~Bi-Centenniel Park~ in honor of America's 200th anniversary. Mr.. P~rmening seconded the motion. Under discussion. Mr. Roberts mentioned that he suggested the name some time aqo, but did not follow it up. Motion carried 4-0. Consider Approval of Plat - Golf ~ew Harbour, 5rd Add'n (On the Table) Mr. Roberts moved that this item be taken from the table and Mr. Ha~nening seconded the motion. Carried 4-0. There was discussion among the Council to determine that everything had been done to accept the plat. Mr. Harmening moved to accept the plat for Golf View Harbour, 3rd Addition. ~. Roberts seconded the motion. There was no discussion and the motion carried 4-0. Mr. Simon read Ordinance No, 73-28 on first reading -- An Ordinance of the City oF Boynton Beach: Florida, Approving Plat of Golf View Harbour, 3rd Addition, etc. Mr. Harmening moved for the adoption of Ordinance No. 75-28 on first reading and Mr. DeLong seconded. There was no discussion. Motion carried 4-0. Discuss Resolution ~72-T - Annexation (Vice Mayor DeLong) Mr. DeLong stated that what he had to say definitely was not per- taining to the motion that had been adopted in regard to annexation. It would be mo~e or less the proper guidance to the line the City should follow regarding annexation. He then acquiesced to a gentle- man in the audience who asked to speak on this subject. Mr. John G.Burnha~ Pine Tree ~, spoke of the City's contemplating annexing 18 miles west of Boynton Beach, including Pine Tree, Delray Dunes and other communities. He said as a resident of Pine Tree~ he was opposed to being annexed as he didn't feel Boynton Beach could offer Pine Tree any more than they already had. He hoped the Council would take this under consideration. Mrs. Padgett said there was another gentleman who wished to speak on this subject. - B- MII~TES OF P~E~/LD-~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA~ HELD AT CITY HALL: TdESDAY: JULY 3, 1973. Mr. Jack Star, Lawrence Road, Boynton Beach, said he opposed the City's annexing the property including his. He asked whether provision was made for the citizenry involved {n getting .petitions. Mayor Jackson answered yes and Mr. Star said he would obtain petitions by the majority of the landowners or residents in Boynton Beach. There was then some discussion between Mayor Jackson and Mr. Simon, after which a gentleman in the audience asked mf the aud~en e dould ask questions after Mr. DeLong gave his presentation. Mayor JacY~on suggested that this could be done before a motion was made. Mr. DeLong theQ re~rred to Resolution 72-T on anne×ation~ saying that he was qumte disturbed that it was adopted. He said that the c~u× of the resolution stated that the guidelines or criteria setting forth procedures for am~exation from adjacent territory to the municipal limits of the City contain an annexation report of the City Manager, Travis E. Killgore, dated June, 1973: a copy of which is attached hereto and made a part hereof. Mr. DeLong objected to the statemen~ -- ~It is hereby officially adopted and established as the procedure to be followed in connection with annexation pro- cedings ...~' Mr. DeLong~ s objection was not to the report in its entirety. He credited Mr. Ki!lgore with draftin~ a very thorough report, but he was not pleased with the outline insofar as the steps that might be taken in order to complete the annexation procedure. He based his opinion on the requirements listed in Resolution 72-T which he read, pointing out his disagreements with them. Fm. DeLong then asked if anyone in the audience wished to speak before he made a motion. Mr. Bob Kiersky P~esident of the Club at Pine Tree, representing several hundred members of the ctub~ asked what things the City had in mind for the annexation area other than taxa~cion. Mr. DeLong said anything he had in mind would be for the protection of the people. Mr. Kiersky then said he would like to hear an answer to Mayor Jackson's earlier question to Mr. Simon as to the voting procedure and who has an opportunity to say yes or no. (Applause) Mr. Roberts interjected that before Mr. Simon answered the question, he wanted to clarify a misunderstanding. The Council discussed annexation and all that was moved at the time was a study to be made and that is where it stopped. He didn't see any need for anyone to get alarmed as it was premature. Mm. Ki~rskYanswered that no one was alarmed until Mr. DeLong cited a house bill saying it could be done pretty quickly. MINUTES OF PgGHLAR CITY COUNCIL 5~ETING OF THE CITY OF BOYNTON BEACH, FLORIDA: HELD AT CITY HALL: ~/ESDAY~ O~/LY ~, 1975. There was then some discussion regarding House Bill 10-20, during which Mr. Roberts stated thatit was a supplementary law which did not change the Charter, the latter of which spells out that the people have the right to petition after an ordinance is adopted. Mr. DeLong moved to rescind Resolution 72-T, annexation, and instruct the City Attorney to prepare the appropriate legal guidelines for annexation of territory to the City of Boynton Beach, Florida, in conformity with existing City Charter and House Bill 10-20, titled '~Home Rule for Local Government,'~ specifying all acreage and/or undeveloped !and shall be accepted for annexation under the zoning classification Mr. Harmening seconded the motion. Under discussion, Mr. DeLong said at the present time there is a Charter provision on the books that is very restrictivs regardinu annexation because it permits 25 petitioners to take action. He said this particular provision has been fuze-her bolstered by this new bill that came out. He gave the example of Charter World where previous Council had used a State statute No. 171.16. He said the legislature has found it necessary to incerporate in that existing statute a prohibition whereby the same method that was used to annex Charter World to the City of Boynton Beach cannot happen in the f~ture because using this statute, use is prohibited if there are existing annexation provisions in City Charters so that now we have the fullest degree of protection. Mayor Jackson went back to her previous question asking if it %~s th'e prerogative of the City to annex something when the people have not asked to come into the City. Mr. DeLong answered that this was the guideline the City Attorney was to come back with, advising what the procedure should be. He added that R-i~ was included because the land use plan was not ready at the present time and it would afford the City some protec- tion on this acreage and/or undeveloped land coming in. There was then some discussion between the Council and the audience regarding the definition of R-1AA and RS-1 zoning~ during which it was explained that R-1AA was the highest form of zoning in the city. The motion to rescind Resolution 72-T, etc. was passed. Carried Discuss Sign Ordinance ~71-~2 (Vice Mayor DeLong) £g~f~ Mr. DeLongmade mention of a certain developer who~and circumvented the laws of the City. He then cited several examples as to how this was done, by seeking a court injunction against the City and then using the Lions Club benches for advertising signs. 10 MIN//TES OF RE~dLDd~ CITY COUNCIL MEETING OF -H~ CITY OF BOYNTON BEACH, FLORIDA~ HELD AT Cit~ HALL, T~ESDAY, ~dLY 3, 1973. Mrs. Padgett advised that Mr. O. T. McLean would like to speak before the motion was made. There was some discussion between Mr. McLean and Mr. DeLong as to the subject matter of Mr. McLean's statements. When it was determined that Mr. McLean was not going to speak on the particular instance that Mr. DeLong was referring to~ Mr. DeLong said he would not defer from the order of What he had to present to the Council. Mr. McLean said that the sign ordinance is illegal and unconstitutional- He then congratulated the Council for Showing common sence regarding Dr. Skinner. He asked again if he could speak on the sign ordinance~ saying that it should be rescinded and he was then given permission. He asked that the Council submit a form to all businessmen in the City and ask them to be participants in the development of a legal and practical sign ordinance. Mr. DeLong stated that the judge who denied the temporary injunction against the City evidently did not have the same feelings about the sign ordinance as Mr. McLean. Mr. DeLong read a portion of the sign ordinance, No. 71-42, Section 24-10, pertaining to bench square feet~ pointing out that the Building Department has not approved the signs in question. Mr. DeLong moved to instruct the City Attorney to render a written legal opinion to the City Council in re~ard to Sign Ordinance No. 71-42, Section 24-10, titled ~'Certain Signs or Sign Str~ctures Prohibited,~ Paragraph B~ as to the authority of a City to grant what could be construed as a discriminatory act by permitting a charitable organization to place in or upon a public right of way (be it municipal, c?u~ty, state or federa$) off premises signs and/or advertisements and mn~ermitting non-charmtable organizations the same rights. Mr. Roberts seconded the motion. ~nder discussion, Mr. Simon said that one of the problems is the fact that this particular ordinance and specifically, off premises signs, are the subject of ~wo lawsuits at the present time. The two lawsuits that Mr. DeLong referred t~ show that temporary in- junction was denied but the City was still in litigation leadin~ to requests for other permits. If he was to render an opinion as to the validity or constitutionality of any portion of this same ordinance which is in litigation, the City's position might be put in some sort of jeopardy. Mr. DeLong said he took into consideration that the City Attorney was going into cour~ and that the prosecutor will also have to go into court because summonses have been issued to those violators. He said this was preparatory or hinged on the outcome of both cases. It was then clarified that Mr. Simon's opinion was wanted after the court cases had been completed and Mr. DeLong said the reason for doing this was for the record. 11- MI~E1TES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, F~LD AT CITY HALL, TdESDAY~ J~LY 5, 1975, C There was no other discussion and the motion carried 4-0. However~ there was much dissention among the audience because they were not allowed to soeak. Mr. DeLon? ekplain~ed. ~a~ everyone was alaz~ed unnecessaril~ because the written oplnio~ was requested from the City Attorney pending the outcome of the cases so that the City would know what direction to take when those opinions were delivered by the Court. A representative of the Lions Club wanted .to speak ahd Mr. Roberts said there has been no decision made. It was his opinion that after theCourt cases were completed, thera would be time to discuss the matter. Maybr Jackson invited the g~oup to come back to speak at a !ate~ dat~ and there was furthe~ discussion between the audience and the Council~ ~uring which Mr. DeLong repeated that no actio~ Would be taken un~il the ~,~itten opinion was received from the Czty Attorney. Mr. Bob Hueston of the Lions Club asked to make a statement regarding selling benches for advertising in Boynton Beach. He said that this project has enabled the Lions Club to turn over $1~,574.~5 to the Foundation of the Blind since 1962, not including approximately 40 pairs of glasses for needy persons within the City. Mr. DeLong said he had no doubt as to the charitable endeavors of the Lions Club. Mr. Hueston asked for the City to lay down laws for the Lions Club governing the sale of benches and conditions of them. Mr. DeLong said the City was not taking any definitive action at this time. Discuss Beach Ordinance ~72-31 (Vice P~yor DeLong) Mr. DeLong said that these items were on the agenda because he has found that there is plenty that is desired in the City and there was no time like the present to act on them along legal lines. He said there was some trouble on the beach ordinance and then mentioned instances regarding perking permits and parking of trucks, campers, etc. on the lower level. Mr. DeLong moved to amend the Beach Ordiomnce No. 72-51 to include the following: (a) First series of public beach resident parking permits (large size) to be placed on right side of front bumper; second series of permits (smaller) shall be placed on right side of the inside of windshield. (b) All trucks~ campers, etc. shall park on the lower level of the parking area. - 12 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE' CITY OF BOYNTON BEACH~ FLORIDA~ HELD AT CI~f HALL, ~dESDAY, J~LY 3, 1975. Mr. Harmening seconded the motion for diseussi0n~ Under discussion ~ir. Ha~mening asked what was proposed .to be done abo~t those S~cond issue parking per~aits that were not placed on the riqht side of the windshield. Mr. DeLong said as soon as the Ordinance becomes law after 50 days~ the attendants would he in a position to have the decals placed in the correct spot or deny access to the ~each~ ~They ea~ report the number of the permit to the City Clerk Who wou~ then znformthose individuals tb~t they were in violation and until sudh time as they comply with the ordinance, they will not be,pei~nitted the use of the beach~ H~ asked Mr. Simon if this was possible. There was some discussion in which Mr~ DeLong explained where the first and second series of permits should be placed. Mrl Harmening said that there is a State statute No. 3.4~759 which specifically prohibits the attactmment of anything to the windshield with two exceptions -- one is the liquor transport license and the other is the motor vehicle inspection sticker. Mr. DeLong said this would be in the province of the City Attorney to research and if research proves that this is prohibited, then the City Attorney would be in a position to recommend what should be done. Mr. DeLong recua~i~ended that if the second series cannot be placed inside the windshield, that all the public beach resident parking permits be placed on the right hand side of the front bumpe=, even if this means destroying the second series because of the way the adhesive is applied. He was concerned that some restrictions be placed. Mrs. Padgett had a question regarding permits being given to people whodo not have a car of their own, even though they are property o%.~ers and are entitled to go to the beach. They have requested that a sticker be issued to them but to be used on someone else~s car. Mr. DeLong said that would be an exception and not the rule and such people could give definite verification. The Building Official recommended that the second series of stickers be used on the back rear window so they are not lost because of the way the adhesive is applied. It was requested that Mr. Simon research this question. After some further discussion~ Mr. Roberts called for the question. Motion carried 5-0~ 1~. Harmening dissenting. Mayor Jackson asked Mr, Kohl to read the letter from Mr. Harold Hopkins, Superintendent of Public Works and Utilities, before getting into the New Business. Mr. Kohl read Mr. Hopkins~ letter of June 28, 1973 regarding proposed expansion of the Public Works and Public ~tilities Department. Mr. Hopkins requested that either additional staff personnel be made available due to the heavy workload, - 13 ~-AR/TES OF P~E~/LAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL~ TUESDAY, J~LY 5, 1975. or that an independent Department of Public Works and-an independent Department of Public Uti!it~_'es be created~ adding that he would give his full support and eoopeDation towaid the latter alternative. Mm. DeLong commended M~. Hopkins for his projection and he moved to lay this question on the table and in the interim the City Manager submit to this City Council a report voicing his thoughts regarding such an arrangement. Mr. DeLong stated that in the event the Council decides to do this, it is now empowered to do so under the new House Bill 10-20, Home Government for Municipalities, which will become effective as of October 1, 1975. Mr. Haz~nening seconded the motion. The~e was no discussion and the motion carried 4-0. NEW BUSINESS Consider Request for Annexation - Carl Grummons Since the letter was dated February 7th, ~4r. Roberts questioned this and M~. Kohl explained that it was originally sent to Bob Largent, who has not been with the City for a couple of months. Mr. Kohl answered yes to both of Mr. Robertst questions as to whether the parcel was contiguous to the City of Boynton Beach and also in regard to the water and sewer. 9fayor Jackson noted that since the lots in question were presently zoned C-1 and R-LA, and Mr. Gr~mmons requested to come in under an M-1 zone, this would be up to the Planning and Zoning Board, rather than the City Council. Mr. DeLong said the City was tl~/ing to establish a policy because the overall land use plan was not yet received so that even befome Mr. Simon came back with the recommendation~ included in what he was assigned to do, all acreage and undeveloped land would come in under R-lDO. He felt the purpose would be defeated if any annexation would be considered unless it was under the specific classification of R-/AA. Mr. Harmening agreed. Mr. Roberts said there had to be a hearing and Mr, DeLong said that P~r. Simon would set up the p~ocedu~e stating that this was the gist of his motion. Mr. P~berts was not questioning the motion, but before zoning takes place, the City would have to annex as it cannot be done at the same time. He added that he didntt see why it was necessary to zone this under M-1 when a warehouse could be built under C-2. Mr. DeLong said he would like to look at the land use plan map for that particular location and make a study of the area. It would show that there are commercial and business buildings within the - 14 - MI~dTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY~ JULY 3, 1973. There was further discussion regarding annexation and zoning between Mr. Roberts and Mr. DeLong. Mr. Kohl said that Mr. Grummons appeared at the Planning and Zoning Board meeting of June 21st in which they referred him to go before the City Council. Mr. Kohl said he has not yet received a letter from ~. Grummons, asking to be put on the agenda, so he didn't understand how this item was placed on the agenda. Mayor Jackson tried to explain how Mr. Grummons was referred to the Council by the Planning and Zoning Board and Mr. Roberts suggested that Mr. Grummons send the City Manager a letter stating what he wants. Mr. DeLong said to look up the Cit7 Charter on page 17, Annexation; it doesn't state that a request for annexation goes anywhere but before the City Council. Mm. Harmening moved that this item be stricken from the agenda and that the City Manager be instructed to inform Mr. G~ammons of the procedure. Mr. DeLong seconded the motion. There was no other discussion. Motion carried 4-0. Discuss F.E.C. Railroad (Vice Mayor DeLong) Mr. DeLong said he has been watching the operation of this railroad for several months and he was acquainted with the fact that transporta- tion terminals and loading yards are permissible under present City zoning classifications. He said there is a doubt in his mind as to whether these people are operating their business with an occupational license within the City limits. He said if businessmen are going to be charged for occupational licenses, he moved to instruct the City Fmnager to institute a study in regard to the business operation being conducted from freight cars on the F.E.C. Railroad tracks between Ocean and Second Avenues in order to ascertain if this area is zoned for the type of business being conducted and if an occupa- tional license fee has been paid. Mr. Harmening seconded the motion. Under discussion, Mayor Jackson said she has had complaints from people who cannot open their windows due to grain going through their screens while it is being unloaded. There was no further discussion. Motion carried 4-0. Discuss Possible Public Presentation of Flood Insurano~ Mayor Jackson said she has discussed this subject with Mr. Flynn, the Finance Director, and he has done some investigation. She sug- gested setting two evenin~aside to have someone give a presentation on flood insurance so that questions could be asked as to whether the City should go into this. - 15 - MINUTES OF REGULAtR CITY COUNCIL b~ETING OF THE CITY OF BOYNTON BEACH: FLORIDA~ HELD AT CITY HALL: TUESDA¥~ JULY 3, 1975. Mr. DeLong suggested that Mr. Flynn make the reconV~endations since he has almeady studied the situation, rather than have meetings. Mr. Flynn said, like Mayor Jaekson~ he has received several requests from insurance handlers and residents about flood insurance. He said that the Government has released its standards and the City just has to evidence a desire to comply with the standards estab- lished. It is merely to keep homes and construction from known flood areas~ Mr. Flynn said that to his knowledge, there was no large problem of this type in the area and the City could give the citizens the property coverage at a reasoomble rate through the Federal Government. This could only be achieved by Boynton Beach applying as a City qovernment. Mayor Jackson asked if this could be done tl~mough resolution and Mr. Plynn said yes, by applying to the Government through the State of Florida Division of Resources~ that Boynton Beach wishes to be considered for flood control insurance. This opens up the possibility for local insurance agencies to write these policies and ~, Flynn reeo~ended it for the people in the area. There was further discussion between Mayor Jackson and Mr. F!ynn regarding the advantages of flood insurance. Mr. Harmening had some questions regarding coverage for areas close to the intracoastal area and Mr. Flynn said the Department of Resources would like the City to designate the areas that are low- lying and report what efforts the P!a~ing and Zoning commission has made to assure that nofurther construction would be built in a careless manner in these areas. Mr. Harmening felt there was a difference between careless and slip- shod construction. Mr. DeLong resolved to turn this over to the Finance Director, in conjunction with the City Engineer and the Building Official to come back with a detailed report to the Council of the local situation in Boynton Beach and adjacent municipalities and if they are also subscribers to this particular flood insurance: adding that he would like to have recommendations from those involved. He then moved to lay this item on the table. Mr. Harmening seconded and the motion carried,4-0. Consider AmerCing Ordinance - Re: Water & Sewer Connections and Control Charge There was some discussion between Mr. Kohl and Mr. DeLonq to clarify what this item was about. Mr. DeLong explained that this amendment would include s raise in fees for new construction and Mr. Kohl DeLonc then spoke of his study regarding the ~inancia! agreed. Mr. the w~ter ar~ sewer s~stem~ stating that Januamy !, 1974 structure of - 16 MINUTES OF P~GULAR CITY COUNCILMEETING OF THE CIter OF BOOM, TON BEACH, FLORIDA, HELD AT CITY HALL~ TUESDAY, JULY 3, 1975. was set for raising ~_utcs throughout the City, which would include everyone within the City boundaries, as the people within the City boundaries were not being charged and those outside the City boundaries were. Mr. DeLong stated that he heard many reasons why this particular condition was written into the ordinance, but the one he took the most seriously wa~ the reason that there have been many old-tLmers in the City who have been paying taxes for many years and that this was done sort of as a relief measure for them. He questioned why this same ordinance pertains to new construction, and asked if this was why Mr. Kohl had this item put on the agenda. There was some further discussion between Mr. Kohl and Mr. DeLong as to which item was being discussed and it was clarified to be Item VIII-E, Consider Amending Ordinance - P~: Water g Sewer Con- nections and Control Charge. Mr. DeLong said he noted Mr. Kohl*s letter regarding an emergency ordinance might be suggested in light of the newly received municipal home rule to the effect that thi~ would not apply since the home rule would not become effective until Octobem l, 1973. Mr. Roberts asked if the reconmendation was made to increase the connection charge to $250.00 and Mr. Kohl said that was right. Mr. Roberts moved to accept the recommendation of the City Man~ger on amending the Ordinance Re: Water & Sewer Connections and Control Charges, raising the fee to $250.00. Mr. Harmening seconded the motion and there was no further discussion. Motion carried 4-0. Before moving back ~o Item D on the agenda, regarding amending Ordinance ~67-6, under discussion, Mr. Simon asked if the preceding reeor~endation was adopted without the emerqency aspect and Mm. DeLong said that was right, the emergency aspect would hinge on home rule and that is not effective until October 1, 1975. Proposed Amendment to Ordinance ~7-6 - Re: Establishing P~tes Mr. Roberts asked Mr. Kohl if this also was in the interest of equality to which Mr. ](ohl replied yes, regarding condominiums. Mr. Roberts moved to accept the City Manager?s recommendations to amend Ordinance No. 67-6 to re-establish rates for use of the municipal sewage disposal system. Mr. Harmening seconded the motion. Under discussion, Mr. DeLong asked the City Manager if this was something that was discussed pertaining to new residents who come into the area and who are not on the tax roll for some time-- would this be a service charge. Mr. Kohl said this amendment was meant for the condominiums and rental type apartments to correspond with sinqle t~ype family residents. He said that data regarding the service charge to n~w residents has not yet been completed. There was no further discussion and the motion carried 4-0. MINU. TES OF P~E~dI,Ti< CITY CO~INCIL MEEffI~C OP THE CI~l~f OF BOYNTON BEACH: PLOP. IDA~ HELD'D~ C_T~ HALL~ T[IESDAY~ JULY 5, 197~ Authorization to ConsiderChange in Force F~in by D~exelPropel~ties Fro. Clark said that Russell and Axon have completed the lift station plans and the f~ce main plans =o accommodate Drexel Properties and the water line. As Mr. Clark began ~o explain the situation, Mr. DeLong interjected and asked that the letter %~th the recommendation be read so that everyone would have ~he gist of what this was about Mr. Kohl read his letter dated July 5, 1975, in which he requested authorizat{on for Russell g Axon to consider change in force main alignment by Drexel P~operties and to make changes in plans if appropriate and in the best interest of the City. Funding will be from the $94~795.20 posted in escrow by Drexel Properties for engineering and administration. The proposed change may be to the best interests of the City and since Drexel is paying the bill, Icm. Kohl believed that Russell g Axon should be authorized to investigate this. He said it was his understanding that Drexel is having some difficulty in getting easements ~or the foree main at the presently proposed location on the north side of the Canal. M~ ](ohl recommended that this authorization be approved. Mr. DeLong asked if t~. Clark approved of this and Mr~ Clark replied yes. Mr. DeLong moved that the authorization on this recommendation of the City Manager with the approval of the City Engineer be granted ~o~ Russell .g Axon to proceed. Mr. Harmening seconded. ~nder discussion: Mr. DeLong said the City also had a letter where Drexel has received the easemen~ across property so we are in good shape. Motion carried 4-0. Consider Palmland Presentation - Re: Interim Plant Mayor Jackson said that Mr, Klinck pleaded with the Area Planning Board through the City to have the package plant for Pa!mland be considered. They were turned down and Mayor Jackson asked Mr. Wardlaw if he would like to speak on this, Mm. Wardlaw said that the City was turned down on an overall basis and the Board indicated that they would consider an individual mequest. He said a very rough draft was prepared to go ~o the Area Planning Board and it was necessary for PaL~land to do every- thing with the City's guidance and pay all the costs. Mr. DeLong then referred to the Resolution drafted by Palmland~s Attorney, enabling Palmland to go before the Area Pta~ning Board and he asked if the City Attorney hadtime to review the resolution° He said the Council would take no action to forestall Palmland but the Council wants to make certain that this has been reviewed by the City Attorney. He also asked if time was oF the e§sence. - 18 - MIN~dTES OF REGULAR CITY COU~ ,~MEETtNG OF THE CITY OF BOYNTON BEACH~ FLOR!DA~ HELD AT CITY ~HALL~ THESDAY, JULY 5~ 1975. Mr.. Wa~dlaW said if everything could be c!ea~ed up, they should appear-at the next Area Planning Board meeting wP~ich is the thi~ Thursday of July -- July 19th. He asked if they could be put on the Area Planning Board's agenda on a tentative basis based on the Council' s approval. M~. DeLong moved that the Resolution from the City to the Area PlanDing Board in behalf of the Palmland Development Corporation be turned over to the City Attorney for his study and report back to this Council at the next regular meeting. Mr. Harmening seconded and there was no fu~cher discussion. Motion ea~ied 4-0. ADMINISTRATIVE Consider Appointment o~ Assistant Prosecutor Mr. DeLong asked that a motion be made to give him the oppo~+OanltY to contact Mr. Jack Wessell to recommend a replacement for him while he~s on vacation. M~. Ha~mening so moved. Mr. Roberts seconded the motion. Under discussion, Mr. Simon asked if Mr. Wessetl would be on vacation ~or the next meeting. Mr. DeLong s~id yes and that someone would be authorized to fill in on a temporary basis. It is an emergency basis, not an actual appointment per se. Mr. DeLong said that he or Pi~. Simon could call the person Mr. Wesse!l suggests to see if he could substitute while Mr. Wessell is away. Motion carried 4-0. Consider Apppintment of Court Clerks Mr. Harmening moved to accept the City Clerk's recommendation to appoint Alice Newitt and Sue C. Ryan as Assistant City Clerks to serve as Assistant Court Clerks. Mr. Roberts seconded the motion. Under discussion, Mr. DeLong asked Mrs. Padgett iF these people who are sworn in as Court Clerks working with the Court are there to issue summonses, etc. and M~s. Padgett answered yes. Motion carried 4-0. Consider Request of ~harter Revision Commission (On the Table) Mr. Roberts moved to take this item from the table, seconded by Mr. Harmening. Motion carried 4-0, Mr. Roberts commended the dedication of the Cbmrter Revision Commis- sion. He then refemred to a new law %,~hich converts most of the City's special acts into o~dinancesan~ most of these things can be done by ordinance. He suggested that since the Conmnission is running - 19 - MIAIi~S OF REGIiL~-.~.~ CITY COUNCIL M~mTING OF THE CITY OF BOYNTON Br~ACH~ FLORIDA~ HELD AT CITY HALL~ IIi.~SD:~ J~LY ~ 1973. short of volunteers, the Council consider dissolving the Commission and keep all their work on hand for future meferenee, or if necessary: turn some of these items over for pmo~essional guidance. He said there were presently 5 to 4 items which could not be done by ordinance relating to annexation~ boundaries~ and the method of electing the City Council and items along that line which would have to be voted upon in the next election. Mm. belong agreed but said in fairness to those who served, he recommended continuing with a mini-co~v~aittee~ with members of the City Council meeting with the Commission ~o go ove~ what they have already accomplished and arrive at what can be taken care of under- neath t~e new Home Rule Municipal Government Bill i0-20, by ordiusnce, after October i, 1973 -- with the help of the City Attorney. The balance would be taken care of by referendum in the general election of December. T~ere was ~arther discussion between 1'~. Roberts and M_~. DeL©ng as to the interpretation of referendum and ordinance and it was decided that the guidance of the City Attorney would be needed here. ~yor Jackson was advised by Mrs. Padgett that the next meeting of the Commission was set rom July iSth. Mr. Roberts moved that some member om members of the City Council meet with the Charter Revision Commission and discuss the possibility of winding up their pamticular program as to what should and what should not go on to the general election. Mr. beLong seconded the motion. ?here was no discussion. Motion carried 4-0. Consider C_hange in C.P.A. Firm for Cit_y_ Mr. Kohl said that the Finance Directom recommended a change to Touche Ross & Co. as a fi~m of outstanding recognition. He said the p~ojected growth~ ~dne future financing demands of this City~ coupled with the interuml accounting volume of the City itself demands a step up in the grade level of our present accounting advisors to a firm of outstanding national recognition. Mr. ROberts said there were some other firms in question and since there was a question in cost, perhaps ~.~. Ftynn could com~ment. Mr. Flynn said that the rates of Touche Ross g Co. would not be found to be much in excess of what the City is presently paying. There was further discussion between Mm. Ftynnand membems of the Council regarding the fees of the recommended firm. Mr. DeLong moved to have the Finance Director contact the firm whom he recommended for a proposal to be brought back to the Council for a decision. Mr. Hammering asked that some definite guidelines be included as to what would be expected of the firm so that one could be compared with the other. Mm. Harmening seconded the motion. There MIArdTES OF P~gdLAR CiTY COUNCIL MEETING OF THE CITY OF BOYNTON R 1973. BEACH,FLORIDA~ HELD AT CITY HALL~ T~SDAY, J~LY 3, was no further discussion. Motion carried 4-0. Consider Request of George C. Davis, Architect ~. Kohl read ~tr. Davis~ letter of June 20, 1973 in which he advised that in his opinion the cost of the new library would exceed the budget by possibly 20%, or $50,000.00. Mr. DeLong moved to not~fy the architect that his point was well taken and theincreasesthathementioned in his letter were already provided for. Mr~ Roberts asked if ~uere were funds available and Mr. DeLong said yes. ~. P~oberts added that money could also be taken from Revenue Sharing. After some discussion with M~.Roberts~ Mr. DeLong repeated his motion that ~.~. Davis should be advised to proceed~ explaining that the increases that he is mentioning in his letter will be provided for, even including the architect's fee. Mr. Roberts seconded the motion. Mayor Jackson had some question about the land testing (not per- tainlng to the library) and Mr. beLong said the engineering report on the soil %.~s not in yet, but there would be no problem. There was no other discussion. Motion carried ~-0. Cremation Certificates from Morgan Guaranty Trust Co, of N.Y. Mr. belong moved to accept and spread upon the minutes, copies of the C~emation Certificates for Morgan Guaranty Tr~st Co. of New York, relative to water and sewer revenue bond issue of 19G!~ Series B, dated December 1, 1961, received June 5~ t973. Mr. Roberts seconded the motion. There was no discussion. Motion carried 4-0. Consider Membership in Florida.. League, of Cities Mayor Jackson referred to a letter dated June 22, 1975, from the Florida League of Cities, Inc., stating that the 1975 revenue sba'ring program mandates all cities go to a September 30/October i fiscal year as soon as possible and the League also asked if the City of Boynton Beach wished to become a member for the coming year. Mayor Jackson asked if anyone had any comments and lvi~. Roberts had some question about the invoice attached to the letter. It was clarified that the bill was for membership and not services. There was some discussion between Mayor Jackson and Mr. Roberts about joining the Lea~e and I'~yor Jackson stated that it would be more beneficial to belong to the Palm Beach County Mmr~cipat League. - 21 - MINUTES OF P~GULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CiTY HALL~ 2~dESDAY~ J~LY 3~ 1973. Mr. DaLong felt that the Florida League of Ci~ies enabled people to more or loss havoa good time and he also felt it was more beneficial to continue in the County League. He recommended forgetting about the State League. In view of the remarks made: Mr. Poberts moved to dispense with the membership in the Florida League for one year and that next year~s Council can review it at budget time. Mr. Harmening seconded the motion. Under discussion~ Mayor Jackson gave several other reasons why she was against joining the Florida League. Motion carried 4-0. Go Out for Bid on Water Line for Sub-Fire Station - Mr. Kohl Mr~ ]iohl read a letter f~om George C. Davis, Architect, dated June 257 1973, regarding the installation of a temporary water main during construction of the new sub-fire station. Mr. DeLong questioned wheme the appropriate action would come from and t;~. Kohl recommended that a permanent line be put in as the 560 feet referred to in Mr. Davis~ lettem is mo~e like ~00 ft. Mr. Kohl said he went ovem this with the engineer and M~. Hopkins. The cost will be approximately $17-20 per lineal foot on a t6~' water tine so the price would be $6~800 to $8~000 depending on what price the City could get. He recommended going out for bids to have the line put in. Theme was some discussion bet~;een ~f~. DeLong and Mr. Kohl regarding where the funds would come from and it was decided that they would come from Water and Sewer -- RSR or Capital Improvements. Mr. Roberts had a question concerning whether the City or Leisureville was benefitting from this line and Mr. DeLong said if the City was to wait for Leisuroville: it would take a couple of years to get to the City. Instead of coming from the north~ the line will be coming f~om the south. ~. DeLong then moved that the Decommendations of the City ~{anager be accepted to go out for bids for a permanent line from 25rd Avenue to Where the new sub-fire station would be. Mr. Haz~nening seconded the motion. There was no further discussion. Motion carried 4-0. Consider Request for Transfer of Funds Mr. Roberts moved to t~ansfe~ $750.00 for legal advertising into the City Clerk, s ~adget from Hnappmopriated Surplus. ~. Har~nening soeoD~ed the motion. There was no discussion. Motion carried ~-0. ~.~provai of Bills Mr. Xohlread the list of bills to be appmoved as follows: 1. Laude~dale Constmuction 6/22/7> - 22 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, JULY 3, 1975. Re the Lauderdale Construction bill, Mr. Kohl said he attached an explanation to the agenda for each member of Council as to exactly how the money was spent. Mm. Harmening asked M~. Flynn if any of these estimates from Lauderdate Constr~ction include anything for materials stored. Flyon said no. Mr. Mr. DeLong commended Mr. Kohl on the colored map attached to the payment of bills schedule. Mr. Kohl continued reading from the list of bills to be approved: 2. Russell g Axon Inv. ~2 5/31/73 Job 6858-5I-8I-I $i, 115.30 Russell & Axon Inv. ~5 5/31/75 Job 6858-I-IISCP 2,995.10 4. National Cash Register Inv. ~/445002!0 4/15/75 1,241.42 5. Badger Meter, Inc. Inv. {;4Y1526 5/29/75 2,901.90 M~. Kohl recommended payment of all bills above. Before a motion was made, ~. Flynn recommended that due to the excessive breakdowns of the NCR machine in Accounting, the bill for National Cash Register in the amount of $1,241.42 not be paid. Discussion followed bet~;een Mr. Flynn and Mr. DeLong regarding some new equipment that b~. Flynnwas requesting in his budget to upgrade the Accounting Department. Mr. DeLonq asked what the estimated savings to the City would be in switching to new equipment. Mr. Flynn said he hoped to have some very favorable ne%,~s to report to the Council on this. There was then further discussion regarding the high costs involved with the NC~machine, estimated at approximately $23,000. Additional discussion ensued as to how much the machine would be worth if it were sold or traded in. Mr. DeLong moved to pay all bills with the exception of the bill for National Cash Register and that the City Manager and the Finance Director administratively handle this particular situation with National Cash Register and come back ~o the City Council with any reports insofar as agreement is concerned. Mr. Harmening seconded the motion. Under discussion, Mr. Harmeninq pointed out that the Russell g AXon bill for $2,995.10 was not being paid by the City, but out of escrow funds by Drexel P~operties so that this is not a dimect City obligation. Motion carried 4-0. - 25 - MIA~dTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORiDA, HELD AT CITY HALL, T~ESDAY, ~dLY 3, 1975. M~. Kohl recommended approval of the Council for payment of the City Attorney, s bill dated June 1, 197~., re: Milnor Corporation vs. City of Boynton Beach, for the period November 1, 1972 through Mmy 51, 1973 for a total of $6,192.00. PL~. DeLong noted that the date at the bottom of page two of the bill should read November, 1972 instead of 1975. Mr. Harmening moved to ac?ept thS~ City Manager' s recommendation to pay the City Attorney~ s bill. M~. DeLong~seconded the motion. Mrs. Padgett said approval was needed to transfer funds. Mr. Harmening changed his otmpn to znc!.ude the tmansfer of funds neces- sary to pay this bill from ~mmpproP~iated Surp/u~; Mr. DeLong seconded the change, There was no discussion. Motion carrie~ 4-0. Other Mr. Roberts mo%~d that the City Council look for a full time attorney through advertising or ~ther means to handle all the services of the City Council at a fixed fee under $25~000 per year, including secretarial services, etc. Mr. Haz~nening seconded the motion. There was no discussion. Motion carried 4-0. ADJOURNMENT. Mr. Harmening moved to adjourn the meeting and Mr. DeLong seconded. Carried 4-0. Meeting adjourned at 10:50 P.M. CITY OF BOYNTON BEACH, FLORiDA ATTEST: Edward F. Harm~ing~ COune~n N ~- CORPORATE TRUST DEPT. 'CRENI~T{O'TE ~4o~gan Guaranty Trust Company OF NEW YORK ~CERTI FiC.A - ;' 23 WaJJ Street, New York, N. Y. 10015 THIS IS TO CERTIFY THAT WE HAVE THIS DAY CREMATED THE FOLLOWING SECLR~TIES DESCRIBED [] BELOW [] PER ATTACHED SCHEDULES OBLIGOR: CIT~ OF BO~fNTON BEACh, FLORIDA DESCR~ =T~ON OF SSUE: Water & Sewer Revenue Bends Issue of 1961, Series A dated December 1, 1961 'NJJMBER OF COUPONS 1,650 FACE VALUE $ 31,837.50 COUPON NUMBER COUPON DUE DATE NUMBER OF COUPONS COUPON VALUE TOTAL · 20 December 1, 1971 1,550 $ 19.25 $ 29,837.50 20 December 1, 1971 100 20.00 2,000.00 ABOVE COUPONS WERE PAID DURING THE PERIOD T'im~,pmhp~: lg71/H~? 1972 DATED [~organ Guarauty Tr. Co. of New York i 73 ~"FI~RI Z E D SIGNATURE CREMATION CERTIFICATE Morgan Guaranty Trust Company OF NEW YORK 23 Wall Street, New York, N. Y. 10015 CORPORATE TRUST DEPT THIS IS TO CERTIFY THAT WE HAVE THIS DAY CREMATED THE FOLLOWING SECUR~TJE DESCRIBED BELOW PER ATTACHED SCHEDULES ~ ~0 F OBLIGOR: DESCRIPTION OF 5SUE: CIT~ OF BO~TON BRAGS, FLORIDA Water & Sewer Revenue Bonds Issue of 1961, Series B dated December 1, 1961 NUMBER Of COUPONS 1,491 FACE VALUE $ 29,870.00 COUPON NUMBER COUPON DUE DATE HUMBER OF COUPONS COUPON VALUE TOTAL 20 December I, 1971 1,451 $ 20.00 $ 29,020.00 : Z~ December 1, 1971 40 21.25 850.00 I ; ABOVE COUPONS WERE PAID DURING THE PERIOD D~c~mbe~ 1971/~.~y 1972 BY: Morgan Guaranty Trust Co. of New York .?j?,:' 5 1973 DATED SIGNATURE