Loading...
Minutes 11-19-74MINUT~ OF REGULA_R CITY COUNCIL ~rEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, ~,7~ AT CITY HALL, TD-ESDAY, NOVE~IBER 19, 1974. PRESENT Joe DeLong, Mayor David Roberts, Vice ~ayor Forrest L. Wallace, Councilman Norman F. Strnad, Councilman Edward F. ~armening~ Councilman Frank Kohl, Ci~t~[ Eanager Ernest Simon, ~lty Attorney Clerk Eayor DeLong called the meeting to order at 7:35 P.E. and asked all to rise for the invocation given by Pastor Roby Snider of Bo~u~ton Baptist Temple, prior to which the Ma~or introduced the Pastor and his wife, The audience remained standing for the Pledge of Allegiance to the Flag, led by Councilman Norman F. Strnad. Announcements Mayor DeLong announced November 28th and 29th, Holiday. that City Hall would be closed on 1974 in observance of the Thanksgiving He then said that the election returns for the City of Boynton Beach wou~d be presented when results are completed from all precincts. The Mayor then called upon 5~. Paul Startz~u, the liaison officer for Boynton Beach working in behalf of the Regional Waste Water Treatment Plant, who reached a tentative agreement with the City Manager of Delray Beach. Copies of the agreement had been distributed to the Councilmembers and ~. Startzman was present to review the agreement for the benefit of the audience and the press. Mr. Startzman noted that he had received this assignment a year ago tonight and recounted the various phases of negotiation which culminated in the cu~rent tentative agreement. He said the City had made a proposal to Delray, using Chapter 163 of the Statute~ including the three stipulations the City Council felt were necessary -- joint ownership cf the facilities (waste- water treatment and disposal facilities); initial and continuing vested rightS~ and a continuing ~epresentative voice ~n manage- ment. He then reviewed the pertinent points in the proposal which reflected those requisites the City felt were necessary for all concerned. Er. Startzman said if and when this a~ree- ment is signed by both Councils, it must be forwarded to the Department of Legal Affairs for approval, and then filed with the Clerk of the Circuit Court and the Department of Community Affairs for the purpose of publio record. He added that a copy had been given to the City Attorney and he felt Cou~Cil would ask for his legal opinion and Delray would do the same. ~. Startzman wanted it understood that a lot of thought had gone into this proposal with the efforts of many people and he was grateful for all the assistance received. He recommended - i MINUTES - REGULAR CITY COUNCIL ~ETING NOVE~BER 19, 1974 BOYNTON BEACH, FLORIDA that this proposal be _accepted in,principle, subject to Any ch&uges which the City Attorney may feel are necessary. Mayor DeLong commended Mr, Startzman for his efforts in this difficult assignem~nt and noted that he had already spoken to the City Attorney, who would scrutinize the agreement. He felt the next order of b~iness would be for an executive or special meeting of the City Codicil to be held with ~, Startz- man and the City Attorney regarding this matter, For the benefit of future Councilmembers, Mayor DeLong felt if they did not call upon Mr, Startzman for his services before the completion of the plant, there was something wrong with them. (5~, Startzman noted he had brought copies oF the proposal for the benefit of the press.) ~r. Wallace suggested that copies of the proposal also be made available for the candidates running for office so they may become cognizant of all factors, as he felt the final decision would be made within the next year and not within the realm of present Council. It was agreed that the candidates would either contact the City 5~nager or ~. Kohl would forward copies to them, Mayor DeLong requested all those wishing to speak about items on the Agenda to give their names m~d the item numbers to the Acting City Clerk, Mrs. Callie Clanton, so they could be called upon at the appropriate ~ime. Regular Meeting - November ~, 1974 Mm~ Harmening stated the word "Sewerage" was misspelled on page 5 in the heading under Resolutions. Referring to page 3, paragraph 2, line 12, Er. Harmening noted that "Lt. Hiokman" should be corrected to "Lt. Dixon." ~. Roberts moved to accept the Minutes of November 5, 1974 as corrected. Mr, Harmening seconded. Under discussion, Mr, Wallace referred to page 3 concerning the matter of the Police Cruisers aud asked for clarification that the Minutes reflect the cruisers did meet the specifications as stated by the Police Department. Motion carried 5-0. pb~BLIC AUDIENCE Mr. Jctm Cleary, 160 South Boulevard, said he would like to see the left hand turn signal on 15th and U.S, i activated for east-west traffic. He also noted there was no left- hand turn signal on the new light at 23rd and Congress. He felt with any new lights coming in, it would be advisable to request a left-hand turn signal. After some discussion, Mr. Kohl said if the City were to purchase a new light on Route 804, it would cost approximately $15,000 today with the t~mrn signals. He added that the City was able to procure a second hand light -- one that had been taken do~n from another area in the County and sold to the CiSy for $6,000. Regardi~ HI~U3TES REGULAR CITY COUNCIL ~EETING NOVF2~BER 19, 1974 BOYNTON BEACH, FLORIDA the light at UJS. i and 23rd, Mr. Kohl said the City has been talkingwith the State to obtain turn signals and the Co~ty has also been apprised of this. ~r. Kohl also noted that in regard to the ligh~ at~'22nd North and U~. i which is blinking, the City is aware ef thinS, but the parts are not available and ~his will be a recurrent problem, BIDS One (1) 7-Yard Dump Truck Nr~ Kohl said bids on the above were opened on November 12, 197~ at 4:00 P.~, in the office of the City~ Purchasing Agent. Th~,Oity had asked for bids on 1975 Hodel ~rucks~ Adams Chevrolet submitted a bid for a 1975 and a 1974 truck. Hr. Robert Feltz Mud Mr. Joe Hikels checked the 1974 truck, found it in good Order, plus the fact that the City can have immedi- ate delivery, and felt that this was the best bid. The Tabu- lati~n Committee therefore recommends acceptance of the low b~d from Adams Chevrolet Comp~uy of Delray Beach in ~he amount of $8!750.00 for the 1974 truck to be delivered immediately, Councilmembers had before them copies of the Tabulation Sheet and Affidavit signed by Hr. James L. Ehepard, Truck Manager of Adams, Chevrolet Company, Funds are available in Account No. 030-820-13. R~. Kohl concurred with the recommendations of the Tabulation Committee, As a point of order, ~. Wallace asked if the submission of an altermate bid of a 1974 truckwas in violation or did all bidders understand that they could make an alternate bid, ~r. Kohl noted that that two companies ~a~,bids on a 1974 truck and according to specifications, the City of Boynton Beach reserves the right to accept or reject any or all bids or te waive irregularities and technicalities and to award the Bid as it deems will best serve the City. ~. Harmening moved to accept the City Hanager's recommenda- tion to accept the bid from Adams Ehevrolet -above in the amount of $8,750.00J Nr. Strand seconded. No discussion. Hotion carried 5-0. One (1), Engine ~nalyzer Hr. Kohl said bids on the above were opened on November 12, 1974 at 3:00 P.M. in the office of the City's Purchasing Agent. The Tabulation Committee recommends acceptance of the low bid from Sun Electronic Corporation of Tequesta, Florida in the amount of $3,028.00. Councilmembers had before them copies of the Tabulation Sheet and Affidavit signed by~. R. G. MacHillan of Sun Electronic Corporation. Funds are available in Account No. 852-78. Hr. Kohl concurred with the recoEEendations of the Tabulation Committee. ~. Wallace moved to follow the City ~anager's recommendation above, seconded by Nr. Harmening. No discussion~ ~otion carried 5-0. -- 3 - NI~JTES - ~EC-ULAR CITY COUNCIL ~EETING NOVENBER 19~ 1974 BOYNTON BEACH. FLORIDA PUBLIC NEA~RING 8:00 P.I~. None · LEC~AL _0r6~snces - 2nd Reading - PU,,,B~IC HEARING Proposed Ord. No. 74-36 - Re: Declaration of City's Intent to Extend its Territorial Limits by Annexation - Herbert A'~on Associates Nr. Simon read the above Ordinance on second reading b.y caption only. Nayor DeLong asked if anyone in the audience wmshed to speak in favor of or agai.z~.t this or.dinauce. No. rep~ly. Nr. Strnad moved for the adoptmon of Ordinance No. 7~-36 on secon~ a~d final reading. Mr. Harmening seconded. No discussion. Mrs. Clariten called the roll as follows: C cunc ilman Harmening Aye Vice Nayer Roberts - Aye Councilman Etr~ad - Aye Councilman ~allace Aye ~ayor DeLong Aye Notion carried 5-0. Proposed Ord. Ne. 74-37 - Re: cab R~tes Providing for Increase in Taxi- ~. Simon read Ord_nance~ No, 74-37 on second reading by caption only. Nayor DeLong asked, if anyone in the audience wished to spe~k in favor of or agamnst this ordin?nce. No reply. Harmening moved for the adoption of 0rdmnance No. 75-37 on - second and final reading. E,r. Strnad seconded. Ne dzzcuss_on. ~s o Clanton called the roll as feller, s: Councilm~u Harmening - Aye Vice ~iayor Roberts - Aye Councilman Strnad . Aye Councilman Wallace - Aye L~ayor DeLong - Aye ~otion carr&~d 5-0.~ ~es~lutions Proposed Resolutmo~ No. 74-~ Re: Authorizing Executzon of Renta~ Agreement Eith Florida East CoaSt Rai~lw~,,,Comoa~ Nr. Simon read the above Resolution No. 74-~I in its entirety. ~r. PL~rmening moved for the adoption of Resolution No. 74-~, seconded by Nr. WallaCe. Nr. Harmening asked under discussion if this was a departure from the past wherein when there was a need for a right-of-way, the City had always gotten specific approval from the railroad. ~. Kohl said t~e City received a copy of the AE~eement from the railrgad w~ch Council had at the last meetmng of which all Councmlmemoers and the City MINUTES REGULA~R CITY COUNCIL ~EETING NOVE~BER 19, 1974 BOYNTON BEACH, FLORIDA Attorney received copies. ~. Kohl felt that this blanket rental of approximately ~600.00 has been the policy in the pa~t. ~. H~mening asked if the Ci~~ would still have to apply individually for a crossing, etc. and ~Lr, Kohl said everyth_ng not according to his understanding. Nr. Simon said ~ here was in order as to form ~u content. Nrs. Clanton called the roll as follows: Councilman Harmening -Aye Vice Mayor Roberts -Aye Councilman Strnad -Aye Councilman Wallace -Aye Mayer DeLong -Aye Notion carried 5-0. Proposed Resolution No. 74-~]q - Re: To Developand a_Com~rehensive Plan ~or Orderly Growth ., implement ~. Simon read the above Resolution No. 74-h~ in its entirety. Mr. Strnad moved for the adoption of Resolution No. 74-NN, seconded by 5~. Harmening, ~. Kohl said to clarify this Resolution, this is a back up for the City and he has already started a few meetings with the department heads to find out exactly what is needed as far as a comprehensive plan. He is also working with the Area Pla~omingBoard. ~. Wallace noted here that the City is agreeing to somethi~ that the County is putting "little gold stars" on themselves for, and yet according to recent legislation, they have violated the same thing by raising the density in areas west of Lantanao This is the s~me thing that Boynton Beach took a verbal blasting for from people who live in basically the same ~ and were guaranteed a lower density than now the County will give. Mayor DeLong noted that the City was not supporting the County Commission accordiD~ to this resolution, but was supporting the Area Planning Board which he felt has done a remarkable job and is the most outstanding plan in the entire nation. He added that he didn't agree with some of the County's moves recently in regard to raising the density. ~£~s. Clariten conducted a roll call.vote as follows: Councilman Harmening - Aye Vice Mayor Roberts - ~e Councilman Strnad - Aye Councilman Wallace - Aye Nayor DeLong -Aye Nolion carried 5-0. Other OLD BUSII~ESS ReGuest, of btayor Joe De~on~ -- 5 -- ~IINUTES - REGb~R CITY COD~CIL ~EETING N0¥~_$IBER 19, 1974 BOYNTON BEACH, -~LORiDA Mayor DeLong requested that City Council reconsider its previous action in refusing Federal aid. According to recent newspaper reports, he noted that both Lake Worth and Delray were going to improve their Police and Fire Departments with this Federal aid. In view of this, the Nayor felt Boynton Beach should also become involved, particularly when there was a question of over $80,000 where there was no firm agree- ment to receive back from the State for the additional allocation of homestead exemption for those over 65. He noted that the City Nanager felt the Police Department should be improved if money was received and he noted that the City would not have to carry this expenditure for the first year if it became involved with a program of federal aid. The ~yor did not ask for action this evening, only reconsideration by Council for possible future moves. ~ayor DeLo~ then asked for an opinion by the City Attorney regarding a Charter pr~vision whereby any 25 people can sign a petition for a referendum and under the new Home Rule Law 10-20, he felt for the six Charter Provisions which musm go for re£erendum, these could not be amended, rescinded, etc. by Ordinance. He noted the Home Rule Law states the method ouo~mng these six provisions to referendum would be by 0rd~nan~e of the City Council or by petition of 10% of the registered voters. He ~Sked ~¢~. Simon to check this out and see if what new exists is not superseded by'Home Rule 10-20 ~ayor DeLong then requested permission for the City Nanager to proceed with getting the specifications in shape f~r the 20' x 20' building to be erected at the public beach as an observation and first aid station. He said money has been appropriated in the budge% and the longer the City waits, the more expensive it will be. It was noted that the City Na~uager would take care of getting the specificatisns in order. Election Returns -. City of Boynton Beach ~rs. Padgett, Ci%~~ Clerk, read the results of the primary election including all precincts as follows: Chantal P. Craton 970 Joe DeLo~ - 2,~92 Robert Griffith 523 Edward Harmening - 1,842 Emily Jackson - 1,940 ~ichard La~oert - 1,162 O. T. McLes~u - Dennis ~cNamara - 1,O00 Sidney Schwartz - 1,052 Total votiD~ - 4,167~(As per attached tabulation) 5~. Wallace moved to accept and n~ke a matter of public record the election returns of the pr.imary for City Council race November 19, 1974 - as delivered by the City Clerk, ~rs. Padgett. Mr. Strnad seeonded. No discussion. Notion carried 5-0. MINUTES - RECt~,,AR CITY COD~CIL ~i~ETING NOVEI~BER 19, 1974 B0¥NTON BE~H, FLORIDA ~?~. Roberts returned to the earlier discussion and request for opinion of the City Attorney by ~ayor DeLong regarding referendum. ~. Roberts thought the Diayor was referring to annexation and the ~iayor clarified that he only wanted c!arifieation as to whether certain charter provisi~ns are superseded by the New Home Rule Law and that Nr, Simon said to wait for further iD_formation regarding the new State Statute regarding annexation. ~. Roberts noted that he had brought up at s~uother Council meeting whether or not Council could move ahead under Home Rule on the ar~uexation petition, at which time he was advised to hold off. ~r, Wallace asked if discussion concerned changing the Charter within its procedure v~nich stipulates using 25 people con- cerning annexation and the Nayor said he was oD~y trying to get clarification regarding the State Statute's provision for 10% of the registered voters in order to put a question on the ballot for referendmm. Nr, Simon said the Home Rule Act establishes the law applicable except for certain exoeptio~. Where the City Council seeks to make more restrictive or stringent than the State law, it may do so, but it may not make it less stringent. Under initiation of Ordinances, it would address itself to 25%; under referendum with regard to ar~_exation, it's 25 people and the Mayor wished to know which the Ci~ywas to be governed and this could be clarified with a memorandum from the Attorney. t~. Simon said the reason 25 people applies is that it is an s~raexation procedure ~ud goiD~ under State law as to ~unexation, there's an entirely different procedure. Either way, it comes ~uder Home Rule, There'~ ~ State law under another section with regard to annexation and the City has its Charter provision. In essence, 25 people cs~a require referendum to question annexation. If the City chooses instead to annex under State law, the 25 people provision doesn't apply and both these methods are available. To clarify ~ir. Roberts' comments, Nr. Simon said the last time the question was asked, it related to the new anne~tion statute which ~. Simon had explained was ~roub~ing.~certain people in Tallahassee and because of ambiguities ~h the annexation State law, they are hoping to straighten it ~ut, To avoid ~uy problems, Nr. Simon had suggested holding o~f' any action until it is clarified. ~.~. Wa.llace then returne~ to the ~.ayor's earlier request for reconsideration of Federal aid, He asked if this reconsidera- tion should be based entirely on newspaper reports as to what Lake Worth intends to dol. ~ayor DeLong clarified with N~. Kohl that originally, th~s had been a grant set up. for Lake Worth and Boynton Beach, About a month ago there was an increase and now it looks like Delray is moving in. b~r. Wallace said he understood this momey was for people who had been out of work for approximately 30 days before they could ms_ko application. How could qualified police officers and firemen be added if this is the Standard that sets up requirements to get the money when there are State standards as to number of hours from college, etc. Nayor DeLong said this question nas no~ yet been answered a~ud he %fas only requesting recon- ~IARITES - REG~IAR CITY COUNCIL D~ETING EO-~qE~BER 19, 1974 BOTNTON BEACH, FLORIDA sideration. N~. Wallace thought there was only $18,000 left in that entire category and it would be available to those people now applying for it. ~%%r. Wallace said he was not in the frame of m~nd to reconsider, but if the matter did go that far, he noted it was only for ~15,000. ~ayor DeLong said there should be a complete study if the Council was of the mind to reconsider and ho was just throwing this out for thought. T~_e Mayor added that the observation and first aid station at the beachv~s badly needed. Receipt of Status Report from Department of Transportation - Re: I-9~(TA~k~q_)~ ~ ~ Nr. Harmon_rig moved to take this item off the table, seconded by ~r. Roberts~ No discussion. ~otion carried 5-0. [~. KoS~ read the above statu~ report dated October 8, 1974 from ~. George J. Sterling, Jr., District Coordinator, 1-95 to be made a matter of public record. Nayor DeLong read the footnote he had made on the bottom of the report as he was the original recipient of the letter~ "This answer should be made a matter of public record as it will be ample proof in the future when the Ci%-y develoos to the west and the need for east-west roads becomes dir~ that an attempt was made to project the future needs of the City for east-west roads.~ He said someone in the past _has missed the. boat by not getting in on the planning and having these things taken care of. He asked if Council wished to try to comply with everything requested as it would probably take many months and probably years. [~. Wallace noted that the report had been received and made a matter of public record. He recalled that a number of years ago the City went through the process at a cost of $18,000 when the Chamber of Commerce was interested and he didn't thiD~ the City would be any more successful at this time than it was then. There was some discussion du~ing which the Mayor clarified with ~. Kohl that the DOT did take care of one of the City's requests, Iftr. Harmening noted for cost in paperwork alone practically prohibitive tonight. the benefit of the audience that the for a project such as this was to folow all the steps set forth ~, Wallace moved to accept t~e co.~uuication in question and have it spread upon the m~nutes (copy attached) Roberts seconded. Ho discussion. ~otion carried 5-0. Set ~entative Dates for Public Hearings on Proposed Planning &-Z~ning ~ao ~ ~ After some discussion concerniD~ the method of'handling this matter inview of the incoming Council members, holidays, etc., 5to. Wallace moved to aetete this item from the agenda MINUTES - REGUI~LR CITY COUNCIL I~ETING BOYNTON BEA0}I, FLORIDA NOFE~ 19, 1974 to be taken up again when the new Council is seated. Mr. Roberts seconded. ~. Harmon±rig felt this was the consensus of Council when this matter was discussed last time. Motion carried 5-0. D__iscuss Pai~tandD~eveioDment's A_~reement~ K'dr. Kohl sai~ Palml~ud's Agreement with the,Ci~~ of Bo~nton Beach dated November l, 1973 stipulates that Tdae Citywas to receive a letter of credit from them. At the Regular Meeting of September l?, 1974, the City of Boynton Beach awarded the bid for construction of Water Transmission Main to Charter World to P-anzam~on Construc~zcn 0o. in the amount of $3~2,794.53. On October 24th the Gity received the first periodic estimate from Russell & Axon for Plantar±oh's work at Charter World in the amount of $70,339-84 which ~. Ko.hl did not place on the ll/5 Agenda, He does not believe that it is contingent upon the City to adv~nce such s-mms of money when the ultimate responszomlmty l~es e±sewh~re and the City is still awaiting the letter of Credit from P~and. On Wednesday, November 13th, ~. Kohl telephoned Nr. A1 Boltri, Comptmeller of Palmland, who advised that they did not intend to give the City the letter of credit and would write a letter to this effect. He also s~ated he would appear before Council at the November 19th meeting, requesting release from the City Council from this stipulation in their Agreement. Further, he stated it was not their intent to issue a letter of credit but rather will send the bills to Jacksonville Guardian Nortgage Co. who in turn will forward check to the CiSy and they ~tend to follow this procedure throughout the project. As of November 15th, the City Manager did not receive the correspondence from Er. Boltri as promised. If correspondence had been received as promised, ~&r. Kohl would so advise Co.u~ml at ~nm~ evgnmng s meetmng. ~r. Kohl sazd he was stml± holdiD=g the $70,339.8~ bill due Plsntation Construction Co. until a determinatio~ is made on the latter of credit and he said he would like Council's opinions as well as a legal opinion from the City Attorney. Further, whatever decision, is made this evening, he felt it should be on record, as Council is aware that the Palm, and Development project will be going on in the City for the next 8 to l0 years before _mnaz comple~on. In addition ~o Mr. Kohl s letter for the agenda, Counczlmembers hadbefore them a page indicating execulion o~ contEact with ~lantation Construction Co.; a ~age ~r~m ~nutes/Regular CSung$1 Meeting 9/17/74 and 2 pages ±rom ~a±mland Agreement ind~icatmng paragraph st~oulatinM ~Letter of Credit" and last page indicating execution of the Agreement, ~. Kohl said as of this morning he had written a letter to Mr. Boltrl advisin~ that the City of Bo~nton Beach had signed ~ud iS responsible for the contract with Plantation Construction Company for the PalD~and Water Transmission Main. The City is in receipt of Check No. 20927 from Guardian Mortgage MINUTES REGULAR CITY COUNCIL ~ETIN~ BOYNTON BEAOH, FLORIDA NOVEY~BER 19, 1974 Investors of Jacksonville in the amo~iut of $70,339.84 made out jointly to the City of Bo~-nton Beach and Plantation Construction Company for payment of periodic estimate No. 1 in thi~ project, ~ir, Kohl said in his letter that although Nr. Boltri advised this was the method they would follow, this was not acceptable inasmuch as the City would have no record or proof of p~yment to Plantation Construction Company. Also this is not in accordance with the Agreement with the City of Bo~nton Beach dated November l, 197~'. ~r. Kohl specifically referred to paragraph (9) wherein it states that Palmland will send in a letter of credit and also paragraph (12) wherein Palmlaud will reimburse the City for construction costs within three days, He pointed cut that the check for the first estimate was received 21 days after receipt of the first estimsote, Further, the City ef Boynten Beach has not of this date received a letter of credit in accordsnce with the aforementioned ag~eme~, ~ p~etec? the City ~f Boynton Beach and Palml~nd Development Corporation, Fir, Kohl advised t~r. Boltri that al! stipulations must be cOmplied with as set forth in the agreement in order te meet Palmland's obligations. Mayor DeLong felt the first order of business would be to get aD_ opinion from the City Attorney and be guided accordingly. He added that he didn't go along with letters of credit and that a certified check was safer. ~, Wallace quoted from the ~inutes of the Regular City Co~auci! meeting of September 17, 1974 wherein this method of handling the matter was voted upon by the majority of Council and on that basis, he said a stop order should be put in effect until the letter of credit was received. The ~ayor agreed, but still felt there should be an opinion from the City Attorney as to the legality. ~r, Simon said his understanding is that paragraph (9) of the agreement has not been complied with. ~r. Wallace moved that a stop order be placed ~autil all agreements have been f~ly met. He added this is not the first time the City has had to take this type of action with a developer in the City. Mayor DeLong wanted to be sure the City was on safe legal ground. After som~ further discussion, ~r. Wallace withdrew his motion so that ~. Roberts could speak. ~. Roberts noted that this agreement came through the Court as a final judgment and ~. Simon said the agreement received as part of the iav~uit was not this one. ~. Simon said this agreement was gone into subsequent to the final judgment. After some further discussion, ~. Simon said he was ef the legal opinion that Palmland was supposed to submit a letter of credit and they failed to do so. ~. Wallace moved to issue an immediate stop order until such time as the provisions in the agreement are met, specifically receipt of the letter of credit. ~r. Harmening seconded for purposes of discussion. ~. Roberts wished to have ~, Simon look into this matter a little further to make sure the two agreements discussed earlier were noz tied together before l0 - MIt~JTES - REGHLAR CITY COUNCIL ~ETING NOVE~ER 19, 1974 BOYNTON BEACH, FLORIDA proceeding or at least have the motion made contingent upon that as he felt it might strengthen the City's position. He was thinking along the lines of getting some revenue froze buildL~g permits. Nr, Roberts then moved to amend the motion in that ~. Simon be =~iven time to make the study and immediately report to ~. Kohl who would take the necessary action. Nrc Harmening seconded, Under discussion, ~. HarmeniD~ said if 5~. Simon found tb~t the two agreements were intertwine~, it would make the City's position much stronger. However, he still wished to hear ~. Simon's views on the City's position in issuing a stop order. In view of the controversy with these people at the beginning, he preferred net to follow the same route again, ~. Simon said it's possible that the agreement in question here is a product of the lawsuit, The point of the Stipulation Ag~eement in the final judgment was tk~t technical representa- tives would propose solutions for various aspects and this was ,one of the solu?ions, It ~s t~hs compliance with the solution that is being dealt wzth in this case. The agreement being violated here was not one that h~s the formal blessirgs of a certain judge. T_his is a separate agreeme,nt! the ~ech~ics of ~aich are not involved with th~ original .as opposed with p~hilosophical :violations~ The,r~sult is theft Palm.la~,d is failin~g to comply with the sDe'O~z~c e~presse~ orov~_s~on ~ud ~-~, ~imon said he would be~g!.a~ to ma.ke a ~urther study as it relates to the !aws~zt if Counczt s.o . desires, however, Council will still feel ~ere is a v~olat~on in the failure to ?reduce a letter of credit ~as required, ~. Wallace asked ~f Palmland wouldn't ~t~ke the matter to court to verify that the two agreements were separate, thereby causing a further delay in gettiD~ the City its money. ~, Roberts felt the m~tter had been adequately e~piained so he withdrew his ~mendment to the motion ~ud Nr. l~rmening withdrew his second to the amendment. Nr, ROberts then suggested that the City Attorney send a letter to Palmland regarding this matter. ~g~. Wallace asked how this placed the City in regard to the money owed, Nr. E~hl said he had a check but no letter of credit according to the agreement and also the check should be certified~ ~Ir. Harmening said he was convinced that~the agreement calling for the letter of credit is supplemental to and part and oarcel of the implementation Of the co"~rt order and it wo%ld appear ~nat Charter World is in violation of this ~greement. ~ayor DeLong requested a roll call vote whichwas conducted by ~s. Clinton as folloWS: Councilman Harmening Aye Vice ~ayor Roberts - Aye Councilm~n Strnad ~e Councii~ Wallace Aye ~ayor DeLong Aye (~r, Roberts voted aye in view of the fact that the check wasn't even certified. 5la,-or DeLong qualified his vote by - ll - NOVE~EH 19, 1974 MINU~ES - P~G~LAR CiTY COUNCILY/~ETING BOYNTON BEACH, FLORIDA sta~i_~ they abrogated the contract,) ~otion carried 5-- 0. ~T BUS_NESS None, ADMINISTRATIVE Consider Request of Mock, Roos & Searcy - Re: West Bo~_~uton Beac~h National Ba~k . .~ Mr. Kohl noted :orrespendence before Council from the above engineers dated November 2, 1973 and the N!nute~ of Regular City Codicil Meeting of December 4, 1973 indicating action taken by ~he Cmty Cou~c~± at ~hat ~mme, ~o ~ay the dzffe~ence requested se that the ~ity could have the 16" water main for the future ~aster plan. Also before Council was recent correspondence dated November l, 1974 which v~ self-explanatory. ~gr. Kohl felt that ~ock, Roos & Eearey were remiss in waiting almost a year before goirg out for bids on this ~ob. However, costs have increased considerab~ in _t~.e past ye.a~ 9n all. materials and commodities. It is real~ze~ that it is their prerogative to put in an 8" water main since t~Jis will take care of T~heir needs. It would therefore appear..that the Ci~y is put on the spot once again since the same situation exists; the 0ity does need the 16" water main t~ G?n:~o~m~o thamaster pl~u, Mr, Kehlrecommem~ed (with reser~at!Ons)~' that the~gity ~a~ the differences of $3~300 as requested. ~e felt ~erta~n that when the 0i~y is ready to proceed with its:master ~lan, eosts will ~e eve~ higher and the 16" water m~l~will still be needed. M~r. Wallace moved to accept the City ~anager's recommendation adding that after discussion, he may eha~e his motion. ~r. Harmening seconded. Under discussion, N~. Wallace asked if there was any possible legal way they could be held respo~fole. ~r~ Simon said he could met answer as he wasm't thoroughly familiar with the 'background of this matter. Y~. Kohl said he had a letter dated November ~B~, 1973 wherein they told the Cit~y exactly what they wanted, how much should be paid, emc. ~d he referred to the Minutes and other correspondence before Codicil, but they waited an entire year before out te bid. However, in a yeaz~ all orioes are higher and they are not required to put in the~6" water main which is above their needs. ~, Harmening said the City would only be spiting itself if it didn't~go along with this a~ at some f~re date the City would have to go in and ~eplace the lines with the 16" size. After some further discussion and reference to the December 4, 1973 Minutes, }&to Kohl noted that the cost went up to $6,300.00 or a difference of $3,300.00, Mr. Roberts felt when a commitment is made in the furze, it should be gotten in writ~, at least giving a time 1Lmit so the City won't get stuck a~ain. Motion carried 5-0, with reservations by Wallace. - 12 - MINUTES - EEC~ULAR CiTY BOYNTON BF~CH, FLORIDA CO~CIL ~EETI NG NOlqE.~ER 19, 1974 Consider Certificate of Zoning Application for Liquor License Ker~eth & MTM Elizabeth _Herren ...... ~.~ Kohl noted this license was for beer and wine package sales only for the S~iee of Life at 640 E. Ocean, Unit No. 9, ' Th~s locatzon moos comp~ ~tn local zon~r~g erdi~a~ee for the sale of alcoholic beveraEes as stated above. Nr. Kohl recommended approval since all things were~_u~ order. Mr. Harmening moved to approve the application above in accordance with the ~ecemmendatmon of the City ~anager. Roberts seconded. No discussion~ Motion carried 5-0. Consider App!ieation for Solicitation - Boynton Beach J~r., Women, s Ci~fo .fo_r i 2__.P~eant .... _ ' '' ~. Roberts Mr. Kohl reeo~mended approval of this ap~!zca~lon. ~ moved to grant approval e~ove, seconded by ~%r. Wallace. No discussion. ~otion carried'- 5-0. C~onsider_~e~uest qf B_o~nt~en Beach Child Care C~nzer 2~. Kokl reformed Council to correspondence before them in the form of a request from M~s. Coston, Director of the Center; his letter to the Community relations Board requesting their recommendation, accordir~ to Ordinmuce 73-15 and their reply. ~na error in the total of the bill was made b~t corrected. The Co~mm~aityRe!ations Board recommended the Bos~nton Beach Child Care Center receive $1,955.00 for the second quarter beginning December 9 tkrough March 9, 1975 mud i~. Kohl concurred with their recommendation. Funds are available from Revenue Sharing. I%[r. ?[sa~menim~ moved to acceot the recommendation ~anager. 5~. Roberts seconded. No discussion. 5-0. of the City Notion carried Aoor. ovai of B~ils Kohl read the ~ollowi~ bills for approval: 1. Trail Ford Tractor Co. $ 3,653.72 Tractor Mower for Parks Department ~ay from budgeted f~uds 851-79 Library Shelvm~ and Equipment Operating Capital imp. ~g. nd Accts. Payable ~ Truck E ui me~~ 20,679.00 Rear Loader Garbage Packer Operati~ Capital imp, Fund Encdmbrance Boar~.....e~ Co.unty C_e..__m~.issiongr~ Palm Beach go. 8,451.16 Bike Paths Pay from 1974 Encumbered Funds - 13 - ~iI~TJTF~ - RM..G~R CITY COLrNCiL 5~ETiNG NOVE~ER 19, 1974 BOYNTON BEACH, FLORIDA .~A.11en~ I~s.ura~?c$ A. en.c=x ~i~&~age Insurance Pay from budgeted fund 001-885.32 030-930.32 $2,970.00 5,509.00 ~en Insurance A~enc~r ~orkmen's Compe~ Pay from ~ ~ oudoeted f~nd 001-885.2.~ 030-930.20 40,002.00 8,009.00 ~& Automobile L_~bz!~ty Pay from budgeted f~ds 8,479.00 48,611.00 32,078.00 La~derdale ContractLng Core. Sa~~se Service Pay from Utzl~y General Fund 1,200.00 9. R%fo~nConstructzon' Co. 7i,216.95 Pay from Encumbered Funds & Budgeted Funds 1975 The b_lls described have been approved and verified by the department heads involved; checked ~ud approved for payment by the Finance Director; funds are available in their respective budgets. ~;~. F~ribs, Finance Director approved and ~. Ko~hl recommended payment of the bills. ~r. Haz~mening moved to pay the bills as recommended by the City ~anager. Nr, Wallace seconded. No discussion ~otion carried 5-0. 0 ~gER r¢~. Strnad said in view of the fact that the electorate has voted for the $50 million be~ch and paa~k bond which is ¢oin¢ to be matched by the Federal ¢overmmaent in the same amount thereby makin~ Palm Beach Co-~nty eligible for $100 million for beaches and park~, he wished to recommend tD~t the send a resolution to the Palm Beach Co~ C ' ' - O~lSSlO~ tO reconsider the D~ch~se of 9he proper~ sou~h of the ~nle~ ~hich ~{as ~der discussion ias% ~lme.''~ f~. Strnad made this in the F xorm of a motion, seconded by [~Jw. Hs~mening. S~ad requested also sendi~ it to the ether'cities that were in favor of the beach and Nr, DeLom~ said it should be sent to those v~ho ~eren't in ~ zavor ~ ~elt. The ~yor then asked ~m. Kob~__g~ the Oi~ %zou!d be s3ote to se,~ ~ the resm of the lan~ by the boat iaunehi~ ramp under this same set up. =u was posslSle and it ~as clarified ~h~ ~o sep~ate resolutions ~ou!d be prep~ed. ~o~ion oarmied 5-0. ~ayor De~o~ th~ked ~s. C!anton for the fine job she did sitting zn as Acti~ City Clerk. D~, Strnad seconded. ~m. Kohl said he'd like pe~_sszon to proceed ~i~h Nr. D~d for ~he easement and ~. -- ~ ' · ~en_ng.moved to give the C~ ~ager the authori~ to proceed w~%h the consu~ation of the - 14 - ~gINU~S - P~GU-LJ~R CITY COUNCIL BOYI~TON B-~ACH, FLORIDA NOVFf~ER 19, 1974 arr~ements for the aeeu_sltzon of land for the easements for the three fresh wa~e. wells. ~!r, Roberts seconded. Ne ~iscussien. Notion carried 5-0. Y~ Wallace moved to adjourn, seconded by ~Lr, Roberts. carried ~-0. ~' ~ee~ug adjourned at 9:32 P~M. CI~f OF BOYNTON BEACH, FLOEIDA ATTEST ~ C~_ty Cler~ - 15 - STATE OF FLORIDA ) GOUN~Y OF PALM BEACH ) SS CITY OF BOYNTON BEACH ) TO THE HONORABLE MAYOR AND COUNCILMEN OF THE CITY OF BOYNTON BEACH~ FLORIDA: We, the undersigned Clerks of the Primary Election held on electing three (3) candidates for Council~ do hereby certify that au Pct. Pct. CANDIDATES ~139 Chantal C. Craton Joe DeLong Robert F. Griffith III ~2~/ Edward F. Harmening Emily M. ~o~ Rimard D. La~e~ j~ /~ o. ~. M~an Dennis MeN,ara ~ /~ Sidney Schwartz the 19th flay of November~ 1974 A.D. for the purpose of such Primary Election the results were as follows: Pct. Pct. Pct. Pct. Pet. Pct. Pet. Pet. ~145 ~146 ~147 =149 ~-155 156 =160 ~161 --Cl~rk, PrecinCt 1~1 Cle Write in Votes Absentee TOTAL VOTES CAST /// Clerk~ P~cinct ~139 Page ~1 of 2. TOTAL ??~ 'Clerk~ Pmecinet. ~t~' Clemk~ Prec~ct ~147 Clem~/~ree±nCt Tereesa a g~tt~City C1 Page -~2 o£ 2.