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Minutes 04-02-74MINLITES OF REGUL~l~ CITY COUNCID MEETING OF THE CITY 0F BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY: APRIL 2~ 1974. PRESENT Joe DeLong ~ Mayor David Roberts, Vice Mayor Edward Po Ha~mening, Councilman Forrest L. Wallace~ Councilman N6rmm~ 1p. Strnad~ Councilman Prank Kohl, City Manager Ernest Simon, City Attorney Callie Clanton ~ Deputy City Clerk Mayor DeLong called the meeting to order at 7:43 P.M. He asked the audience to rise for the inv0eation given by City Manager~ Frank Kohl~ followed by the Pledge of Allegiance led by Councilman Forrest L. Wallace. Announcements Mm. Kohl read a letter he received from Robert P. Culpepper, Chairman of the Palm Beach County Commission, advising that the application for federal grant to assist in the acquisition of 1,100 feet north of Boynton~s municipal beach was approved,in the amount of $1~100~000. A special aspect of the grant is that hal~ will come £rom the Con- tingeney Fund of the Secretary of the Interior and hal~ from a BOR Special Account. This marks the first time that the Contingency Fund has been made available anywhere in Flc~ida. The letter went on to say that an appreciation ceremony is planned honoring Nathaniel Reed, Assistant Secretary of the Interior, who was most helpful in securing the approval of this application. Tentative plans for the ceremony call for it to be held at 1t:00 A. Mo on Saturday~ April 6~ 1974 at the site. In an effort to keep the area in its natural state, it was requested that., the ceremony be held at the north end of the beach area. Also~ inasmuch as the general public was invited, a waiver of parking fees was requested for the duration of the cememony along with reserva- tion of a few parking spaces for dignitaries. Mayor DeLong confirmed with Mr. Kohl that all details had already been worked out for this occasion° Mayor DeLong then asked the audience to attend the ce~mony and bring others to pay homage to Mr. Reed. He then complimented the sincere effonts of Mr. Reed in working towards the acquisition of the beach p~opertyo Mr. Wallace then brought up the subject of a communications system at the beach and asked for Council's consideration at this t/me or under OTHER later on in the Agenda. He felt that the increase in numbers of people using the beach warranted a better system for the two li_~e- guards in the .northern area in particular to be able to communicate better in the inter~st of safety. He asked that this matter be handled administratively ~nd he felt that for approximately $200 or $300 a phone or two with jacks at the lifeguard stands and possibly the use of a couple of walkie-talk/es could be obtained° Mayor DeLong noted that the City Manager would follow through on this request. -1- MINGTES OF REd,iLAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH: FLORIDA, HELD AT CITY HALL, TUESDAY, APR/L 2, 1974. Mm. George Russell, Chief Exeeifcive Officer of the City's consulting engineers~ Russell $ Axon, then cam~ forward. He said as a practicing environmentalist, b_%s firm ~d others in the same field owe a g~eat debt of g~atitude to M~. Nathaniel Reed lot the f~ne job he has done in the State of Plo~ida. He then spoke of the state-wide expansion that Russell & Axon has been undergoing and spoke of the trem~endous amount o~ work yet to be done, particularly in South Florida. He spoke of the difficulty of R&A's personnel is having in p~operly servicing all clients in the area. In view of the seriousness of the problem and the fact that Boynton is an old and valued client: M~ Russell sa/d that he has taken to of his firm with. Boynton and the City's professional staff. He intends to if n t al! the Council meetings at which anything wilt to which he may be of help. On those oeoaszons when be out of the areas Mr.. Joe Swan~ senior engineer, will stand in for h/mo Mr. Ktinok able to give his attention to the wb~ need R&A's help~ ~r.P~sell ~ deserves the best and he wculd be glad to g~ve anyone who asks. Mayor DeLong made an announcement that he wished to be made a pa~t of the M~nutes: '~SUNSHtNE LA~7 - CONFERENCE OR WORKSHOP SESSIONS - RECORDING AND INSPECTION OF MISUdTES - SEC. 286.011, PoS. To: David H. Bludworth, State Attorney, Fifteenth Judicial Circuit A conference session or 'workshop meeting~ of a town council where matters are d/scussed on which foreseeable action will be taken by the council is under the purview of the Sunshine Law and minutes of any such meeting must be promptly recorded and open to public inspection. These minutes are to be no different fr~m those requ/red for any other meeting of the town eouneil~ February 28~ 197~ 074-62'~ Mayor DeLong felt tha~ everyone should he guided accordingly to avoid difficulty° MIh~dTES Regula~ Meeting - March 19~ 1974 IVk'o Roberts moved to adopt the ~inutes o£ the Regular Meeting of March 19~ 1974 as written, seconded by Mr. Harmen/ngo No discussion. Motion carried 4-1. Mr. Wallace abstained as he was absent from the March !9th meeting. - 2 - ~N~TES OF REGULAR CITY COU~fIL MEETING OF THE CITY OF BOYNTON BEACH~ PLORIDA~ HELD AT CITY HALL, TU~SDAY~ APRIL 2~ 1974. PUBLIC AUDIENCE Mayor DeLong said if anyone in the audience wished to speak on an item on the agenda to come forward and give his or her name to the Deputy City Clerk. When the item comes up~ those wishing to speak will be called upon. After the public has spoken on the item in question and it is put to the governing body~ there will be no dis cus- sion by anyone other than the n~af0ers of the Council. Mr~ Louis Preiditsch came forwsrd and referred to Ytem ~A~ under OLD BUSINESS. He asked for permission to speak before and after Council's decision on this matter. Mr. Thomas Canavan of Sterling Village came forward and oong~.atulated Councilman Wallace on the work he has done over the years regarding the acquisition oi the beach. He also complimented Mr~ Culpepper for his efforts. Mr. Canavan asked about the progress made in the sewer authority and if any layman appointments have been made. Mayor DeLong explained that this matter was still in the negotiation stages. There would be a meeting of the City Council and he added that these things cannot be ~ushed, although he appreciated Mr. Canavan's c~ncern and interest. He noted the Council was also very interested in this matter and that several details had to be worked out° Mr. Canavan expressed concern about the grant and noted that the dead- line was April 15th. He asked v~at the status was on this. Mayor DeLong said there was an extension of time on it. Mr~ Canavan felt it should be in writing and he wanted to see progress. Mayor DeLon9 noted that more is happening than is seen. Mr Canavan asked if aside from the Sewer Authority~ it would be possible to incorporate the Water Authority which he thought would be needed in the future as he felt the condition of the water was very poor. He added that it would be nice if Fir. Russell, being the senior member of RgA~ would eliminate al! Boynton's past expenses. A~ter further discussion, Mr. Wallace thanked Mr. Canauan for his kind remarks and said he would like it to be known that there were people working on the acquisition of the beach many years before he came on the scene. Many people who sat on the Council in the past and present, as well as menfoers of the commur~[ty contributed and he felt the only time a project succeeds is when there is a community effort. Mayor DeLong then complimented Mr. Canavan for his concern in matters of public interest. Mr. Oo T. McLean said not only is he a businessman of almost thirteen years in Boynton Beach~ but he now has ~n official residence and is a property ovzner in Sterling Village. Mr. McLean said there were in- uendos and aspersions in the newspaper and conversations against the Recreation Department and the Recreation Direetor~ however, in all of his dealings, he has found that Boynton's Recreation Department is one of the finest anywhere in this country and he felt that Mr. Prederick deserves all the credit possible for the work he has done° -3- M/NUTES OF REGULAR CITY COUNCIL ITEETING OF THE CITY 0P BOYNTON BEACH, PLOR/DA,~ELD AT CITY HALL, TUMSDAY, APRIL 2~ 1974. Mr. P. C. VanDeusen~ 227 N.E. 22nd Avenue, complained about the way motorists d~ive down 22nd Avenue and he felt it was a dangerous situa- tion. He then said on 2nd Coumt on the west end of 25rd Avenue, cans, old chairs and other rubbish has been laying there for over a month and he felt this should be cleaned up. Mayor DeLong eon~irmed ~ith PiP~ Kohl that he had made a note of this and he asked Mr. VanDeusen for some good news. Mr. VanDeusen said everyone was pleased %vith the traffic light and he eoneumred with the statements made esmlier this evening. Igm. Jay C. Kaye of Vi~.lage Royale on the G~ean commended Council for its concern in visiting the recently completed Building 8 and refusing a C.O. until the developers finished up certain areas. He felt every building from now on must be good because the Council and other C/ty officials are on top of the situation, for which he was appreciative~ Mr. Kaye then concurred with Mr. MeLean~s statements about the Recrea- tion Director, F~. Frederick and said that Mr. Frederick is one of the finest men he's ever met regarding children. He said he would be glad to continue helping Ff~. Frederick in his efforts for retarded children. M~s. Frances Pry~ Chairman of the Community Appearance Board, thanked the Council members, department heads and others for their kindness ar~ assistance and cooperation as well as the citizens of Boynton Beach for the privilege of serving on the Board~ as well as on the Zoning Board and Beach Beautification Committee. She said she w~uld miss working for the City of Bo3a%ton Beach. Mayor DeLong said the City owes a debt of gratitude to Mrs. Fry for the work she has done in the interest of the welfare of the Cit-f. He noted the many untold hours of work and travel Mrs. Fry has done in this behalf and said that she will be hearing from the City insofar as its appreciation. Mr. Robert Field, President of Refield Construction, Inc. a building concern in Boynton Beach, said that in the past several months he has had the opportunity of applying through the Community Appearance Board and several other Boards in the City regarding building projects. He complimented P~s. Fry on her attitudes towards helping the developer and thanked other members of the Board for their efforts in getting mat- ters organized as fa~ as specific requirements that the developer should look forv~ard to when coming before the Board. He felt something was lacking in the City along this same line~ and that private developers had to face a number of hurdles before the Con~n~nity Appearance Board before approval is given. He asked what the City intends to do as far as the site screening of the City Hall pa~king lot and se¢ondly~ on behalf of members of his family who are involved in ownership of land surrounding the Boynton Beach sewage t~eatment facility, ~hat provisions are being made to site screen the existing sewage treatment facility from the surrounding single family residential area? Ma.vor DeLong ss/d it was his feeling that the City should also follow through with requirements expected of other individuals and said the -4- M/2UdTES OF REGULA~ CITY COUNCIL .MEET/~NG OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL, TUESDAY, APRIL 2~ 1974. Council had a concerted and sincere interest in improving its appearance. He s~id the City Manager has already been requested to do something about the unsightly lilac stations and added that the City knows what has to be done: but it is a question of trying to get to it as quickly as possible. He gave assurance that within the coming year~ there would be vast improvements in City-owned properS. M~. Field then referred to two articles he had reed in the newspapers recently co~cezTu%ng a project on North Seac~est Boulevard on which the Department of Pollution Control has imposed a sewer moratorium on the city of Boynton Beadh and indicated a developer within the City would be allowed approximately 64 sewer connections. He asked if any logical sequence was established for the issuance o£ the available or soon to be available sewer connections based on either an initial application to the Building Depaz~ment for the approval of a p~Oject or by some sequence of the issuance of permits through the County. Mayor DeLong said the project on Seacrest Boulevard will receive corrections in lieu of those to be disconnected at condemned homes to be torn do,au. The connections will be considered as transfers to the project in question. Mayor DeLong then spoke of Council's great concern in getting the moratorium lifted. He felt there would have to be discussions ~_'th pertinent individuals to see why the situation is con- tinutng in view of the City's continued efforts to b~ing the facilities up to standards. He said the City was doing everyt~hing possible to get the moratorium lifted as it has badly affected the City's incoming revenue. ~. Field questioned the changing of 64 potential sewer connections from existing condemned homes to this project. Mr. Roberts pointed out that this item was on the agenda and it was decided to continue the discus- sion at that time. ~. Strnad said regarding the beautification of City projects, it should be noted that everything star, ed since the inception of the Community Appearance Board has all had to come under the Ordinance. Homes built before the Community Appearance Board inception do not have to come under the Ordinance. Discussion ensued about the City's parking lot which I~. Strnad said has been there for many years and would be taken care of in time. He said other new projects such as the dog pound~ library, fire sub-station~ have a31 come under the Community Appearance Board Ordinanoe. Mayor DeLong felt Mr. Field's point was if the private developer has to do something~ the City should also be quired to do so. BIDS Three (3) 20 Cubic Yard Rear-end Loader Garbage Packers and Cab and Chassis for Rear-end Loader P~. Kohl referred to his memo for the agenda and the attached tab~zla- tion sheet on the above bid, as well as the recommendation from Robert Feltz to accept the bid of Rowland Truck Company~ F~[ami, F!orida~ MINTdTES OF REGUL.n~ CI~ COU~NCIL MEETING OF THE CITY OF BOYlqTON BEACH, FLORIDA~ HELD AT CITY H~LL, TUESDAY, APRIL 2, 1974, in the emount of $62,037.00. Funds for this purchase a~e to be made in the 3374-75 budget, per Council action on quiz~unents~ suCh as request ~o~ bids, advertising, Pzoposal B~ar~k and signed aff~idavit have been complied with and MT. Kohl ooneumred with this recommendation. He a]~o referred to a memo attached to his recommendation from ~. Bill Sullivan, stating reszons fora not accept- ing the low bid. seconded by MT. Roberts fo~ discussion purposes. Iluder discussion, Mr, Robez~s asked abou~ the lower bids ~ud ~. Kohl exp~n~d ~ ~ey d~ not meet s~e~m~o~ -- one was ~ S~th- l~d E~ent Comply ~ ~e ~t ~ $58~5~6.26, ~ ~hom ~e ~ty h~ ~ot ~ g~ ~e~ence. ~e ~ bid w~ from Ge~r~ G.~.C. in the ~unt of $58,~5.00~ ~ich ~so ~d not meet spe~ca- tio~. ~. Ko~ s~d ~e t~u~S p~ed ~o~d ~ Dep~ in West Palm Bea~ at ~ ~tors, ~as~ as they h~dle ~na~ trouts t~e. ~e .ot~r b~ ~v~ w~ f~ H~ P. ~on in the ~o~t o~ $65:872.50. ~on carried Ceramic Tile for Rest Rooms - Wilson Center Mr. Kohl referred to his letter for the agenda and advised Council that request for bids 9~as advertised on Mamch 1~ and 21, 1974. Bid opening was scheduled for Merch26, 1974 at 2:00 P.M. Spee/fioations were mailed to six !ooalcompanies engaged in this type ofwork~ ~lso to Palm Beach Builders Exchange, howeuer~ no bids v~re ~eeeived. Mr. Kohl~equested Council's permission to negotiate on a time and material basis. Mr. Wallace moved to accept the City Manager's ~ecommendation ~th the proviso that he be a hard negotiator as far as the hours and' materials ere concerned, seconded by MT. Robe, s. No discussion. Motion carried 5-0. FdBLIC HEAPJuNG - 8:00 P.M. None. LEGAL Ordinances - Second Reading None. Ordinances - First~eading Proposed Ordinance No. 74-11 - Re: Sidewalks MT. Simon read proposed Ordinance No. 74-11 on first reading -- An - 6 M/~kWdTES OF REGOLDi{ CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLOR/DA, HELD AT CITY HALL, TUESDAY, APRIL 2, 1974. Ordinance of the City of Boynton Beach~ Florida: Ameo~ing Chapter 25 of the Codified Ordinances of Said City by ~ding an Additional Seu'ulon 25-14 to Require the Installation of Sidewalks in Conjunction with the Construction Hereafter of Any Building or StructUre and to Pay the Cost for Such Installation, etc. iv,~. Harmening moved for the adoption of Ordinance No. 74-11 on first reading~ seconded by Mr. Wallace. No discussion. Mrs. Clanton con- dueted the ~oll call vote as follows: Counailman Ha~mening Vice Mayor Roberts Count!man Stoned Councilman Wallace Mayor DeLong Aye Aye Aye Aye Aye Motion ca~ried 5-0. Resolutions Proposed Resolution No. 74-L - Re: Annexation Procedures Mro Simon read proposed Resolution No. 74-L in its entirety -- A Resolution of the City of Boynton Beach, Florida, Providing for Guide- lines and Procedures for Annexation of Land Contiguous to Said City. Mm. Harmening moved for the adoption of Resolution No. 74-L, seconded by Mr. Wa~ace. No discussion. Mrs. Clanton conducted the roll ea]] vote as follows: Councilman Harmening - Aye Vice Mayor Roberts - Aye Councilman Strnad - Aye Couneilman Wallaee - ~e Mayor DeLong Aye Motion carried 5-0. Proposed Resolution No. 74-M - Re: Federal Rent Supplement Program Councilman Wa]] ace felt there might be some connection between the reading of this Resolution and the item onthe agenda under OLD BUSINESS - ~'A. Discuss Request of Mr. P~e±ditsch (TABLED)~' along with the earlier conm~nts of Mro Field. He thought perhaps this discussion should come before the reading of the Resolution. Mr. Simon said the proposed Resolution is the subject matter concerning the question raised by Mr. Field earlier and now would be the time he should be heard. Afar some diacussion so that Mr. Field would under- stand what the Resolution was about, Mr. Simon read the caption as ~ollows: A Resolution of the City of Boynton Beach, Florida~ Approving 7 - . ~ Mi~UdTES OF REGHLAR CITY COUNCIL ~'~ET/-NG OF THE CITY OF BOYNTON BEACH, PLORIDA~ HELD AT CITY HALL, THESDAY, APRIL 2~ 1974. ParticiPation hy Local Housing Owners in the Federal Rent Supplement Program, Repealing Prior ResOlutions in Conflict and for Other PU~pOS es. ~ For Mr. Field's benefit as well as the other people involved, F~. Wallace explained that by Council taking action on this particular Resolution, it would be possible for such things to P~ppen, i.e. the swapping of the sewer connections referred to by Mr. Field earlier, Mr. Field said he would like to have an opportunity to peruse a copy of the Resolution in question before Council takes action on it to see if there would he anything in conflict ~th his corporate interest. He felt there was the possibility that the person proposing the project on North Seacrest Boulevard is depriving Mr. Field as a builder in Boynton Beach of a potential sewer connection, which has been obtained hy a method not used by other builders. Mayer DeLong noted that this was a question of funds allocated by the Federal Government. There was some discussion clarifying that the project in question, Seae~est Plaza~ was not. the same as the matter concerning Preiditsch. Mr. Wallace said he brought it up now because of the rele~anay of the sewer connections in the Resolution and Mr. Field's earlier questions. Mr. Roberts said he understood that the Sea,est project was g~anted only because of the destzwaotion of other homes to ~11ow for these connections. Mr. Field asked why these sewer connections couldn't be allowed to builders who have had prior commitments to the Building Department before this gentleman came in with Seacrest Plaza. Mayor DeLong said this gentleman did have commitments from the City Council quite a while back which enabled Dim to get the grant ~rom the Federal Gove~n- mont. N.ow it must be taken into considermLlon that the housing to be put Up Pcill take care of those people in the homes being condemned. In view of the fact that it is in the immediate proximity of Seacrest Raza ~here.~se connections are bemng disbanded~ ne could see no rea- son why it ~s .~ot germane to the new project in that a~ea. Mr~ Field said he was ~uilding in that area too and Mayo~ DeLong asked if Field was in the same situat%on in that if the gentleman in Seaerest Pl.a~a d~es not' get this permit, the grant is gone forever~ Mr. Field said ~e~buitds. FHA homes~ single family residences end with no sewe~ COnneCtion facilities ~ he cannot get FHA insurenee on his houses. F~yor DeLong ~aid it would he a difficult decision for Coune~] to make because there will be unfavorable reaction, whether or not the permit is granted. PL~. Kohl e×plainedthat the qentleman connected with Seaorest Plaza has been working ~th the Building Department for two years to get the area developed. Mr. Hugh F. Quinn said he also owns some property where the sewer moratorium might be affected and he felt priority o~ permits should be discussed. Being an attorney, he went to the Department of Pollution Control end said that he understands the moratorium may · ' ~NUTES OF REGULA~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH: FLORIDA: HELD AT CiTY HALL, TU~SDAY~ APRIL 2~ 1974. soon be lifted and during the period of a temporary operating perm/t~ there will be s]]owable permits each month depending on the judgment of Russell & Axon as to when the City should or wou]_d file a good rs/th application~ Mayor DeLong believed M~. Russell has already requested a meeting with the City Manager and City ~ngineer and he has every confidence in the action that ~. Russell intends to take to get things moving. Regarding Mm. ]~ohl's comments ooncern/ng the Seacrest Plaza individual woz4cing with the C/ty for Two years on this project, Mr. Field sa/d he has been building in the City since January, 1971 and his family has been building since 1954, so he felt he had some seniority over anyone who has come in within the past two years. However, he spoke in favor of Seacrest Plaza and felt that the City was in dire need of such a project. He said ho'has property available on which he could do the same sort of project and felt there should be no precedent set in which if sewer connections do become available~ they're handed out to a particular developer based on a monetary crisis. Mayor DeLong said he was not trying to base his opinion on a monetary c~isis, but on something unsightly that the City is trying to get rid of and this project would fill the bill. After some further comment~ Mr. Simon read Resolution No. Y4-M in its entirety. For discussion purposes: Mr. Wallace moved for the adoption of Resolution No. 74-M~ seconded by Mr. Strnad for the same reason. Under discussion~ ~. Wallace said in trying to analyze the situation and no= to argue the philosophies that he feels are emcompassed within this item regarding the matters discussed this evening -- and in view of the fact that the City cannot issue a permit unless it is cleared by the Department of Pollution Control -- he questioned why there was a priority for Seacrest Plaza when the moratorium has been in effect in Boynton Beach for these past several months. Mayor DeLong felt the answer would be in v/ow of the fact that housing is being torn down~ the people must have some place to go and Seacrest Plaza would be the logical place. The hookups will be in lieu of the ones eliminated when the homes are torn do~. Mr. Kohl concurred and ssid that the Department of Pollution Control has put their stipulations in its letter to Mr. Kohl~ a copy of which was received by each Council n~mber. The letter stated that a building petit could be issued but there would be no C.O.'s offered until each one of these buildings are demolished. After some further discussion, ~. Wallace said he couldn't understand why this could be done for one and not another. Mr. Barrett, Bu/lding Official~ said if the City establishes this policy - 9 - MINUTES OF REGULAR CITY O0~NCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL~ TUESDAY, APRIL 2~ i974o of swapping sewer connection for sewer connection, he would have to set up a priority list -- first applying, first served. He said according to DPC's rules and regutations~ when this moratorium is lifted~ those persons on septic tanks have a Class A priority of their O9~1. Mayor DeLong felt that the Department of Pollution Control took a defi- nite and decided interest in this specific project. Mr. Kohl eoncumred and said that the reasons were on behalf of qualified low income families who are elderly: handicapped~ displaced victims of natural disasters or occupants of sub-standard housing. These were the criteria that DPC were going on. Mr. Wallace said he understood th/s, but it was still irrelevant to the fact that it hasn't been done in any other area to the south or north w~qere these same problems have existed. Mr. Wallace asked Mr. Barrett how the system works wherein a bu/lder gets permission from DPC for a septic tank and Mm. Barrett explained that tP~s person would be placed on first priority in the sewer system after the moratorium is lifted. It's mandatory~that when the moratorium is lifted and the sewer becomes available to such an individual~ he must hook up -- pro- vided sewer lines would be available within a two-year period of time. Mr. Bsmrett added that there is an equal flow established in West Palm Beach, Palm Beach~ Riviera Beach and Delray Beach at this time -- which is trading of sewer connection for sewer connection. He gave an exsmpie of how this would work and added that a black market has developed in sewer peDmits. t~r. Wallace felt because of this many people have been getting burned - they a~e t~ying to abide by the law and there is no way of getting the door opened and in some other eases, the door is automatically opened. FEe. Barrett said the only thing to do is to profit by the experience of the other m~ties that have been burned. He added that he's been in tou~h with most of the othe~ bu/lding officials and their problems and he could set up a priority system. He didn't think there would be any difficulty. Mr. Haz~nening said some time back he believed the Department of Pollu- tion Control said it would be possible to issue pe~ts based on the number of equivalent units that would be abolished or removed from the existing system and this is not a new basis on wb/ch to issue permits. ~. Roberts noted that this is not a new project but one that's been 'kicking around for a couple of years. He assumed that if someone came ~n tomorrow whether or not they had a federal g~ant~ it would be immaterial~ and the perm/t would not be g~anted. He felt the only reason this particular projec~ was stymied was that the federal grant had to be obtained. In the interim the moratorium was proe!afuned. The only way pe~ssion would be given to build was to have buildings torn down and replace the 64units with no eezecificates of occupancy to be issued unless there was room for hook up~ He: added that the - l0 - · , MINL~ES OF REGLiLAR CI%Y COIiNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA~ HELD AT CITY HALL~ TUESDAY, APRIL 2~ 1974. City has control over the situation and the only reason for the Resolu- tion was that it had to be submitted to ~ive the developer ability to get his federal grant, Mr. Kohl concurred. Mrs. Clanton conducted the roll call vote as follows: Councilm~n Harmening _Aye Vice Mayor Roberts Aye Councilman St~nad Aye Counci3_man Wallace - tn qualifying the question, said he recalled sitting on the Council approximately 2 years ago and a developer was in this City who was building FHA housing. Because of the discrepancy in that particular instance as fa~ as floo~ space, he was made to go bae]~ and increase the sizeof those hom~s. Mr. Wallace said he understands at that time it di-'d not come out of FHA funding. He felt there were some inequities and he hoped sometime in the near future they could be alleviated. However, on the basis of this evening,s discussion, he voted - Aye. Mayor DeLong Aye Motion carried S-0 in favor of adopting Resolution 74-Mo Resolution Noo 74-N - Re: Interim Sewage Treatment Plant Agreement - Drexel Properties Mr. Simon read Resolution No~ 74-N - A Resolution of the City Council of the City of Boynton Beach~ Florida~ Approving the Interim Sewage Treatment Plant Agreement to be Entered into ~th Drexel P~operties ~ Mr. Simon then asked if Council would like h i m to read the agreement and Mayor DeLong said yes. Mr. Simon referred to his memo which was before Council~ explaining that this particular Agreement departed in three places from the form that was approved under Resolution No. 73-JJJ. He said he wou~d like to explain the three points when he gets to them in reading the Agreement. Mr~ Simon then read Interim Sewage Treatment Plant Agreement for City of Boynton Beach~ Florida. He explained the a~eas in question as out- lined in his memo before Council dated April 2~ 1974o After further explanation of various parts of the Agreement~ M~. Simon noted that page 5 has been amended to include the execution and signatures of Cedar Point, Inc., an assignee of the original contract~ M~. Ed Modes-ki from Drexel Properties~ said he would like to comment on two of the changes in the contract. The first change which stated ~and/or going through the City transmission lines~ was discussed by him and n~mbers of the City's engineering consultants in Daytona~ based M~N~TES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH: FLORIDA, HELD AT CITY HALL, ~dESDAY~ APRIL 2 ~ 1974. on the £aet that they did not know what type of sewage treatment plant would be put ino The thought was that if Drexel did have tertiary treatment~ they could go down theCity's lines, and that's fine. Drexel is willing to take care of the effluent on their own property° He ss~d Drexel is not desirous of having this plant at al!~ but in good faith between Drexel and the City 'at the time the eont-raet was signed in 1972, Drexel got its zoning~ permits~ built buildings, and sold to customers, therefore ~ Drexel had to come up with a secondarY source of t~eatment. The additional paragraph is included in the agreement because Drexel doesn't want a treatment plant~ they want to be in the City of Boynton and tD~y have already spent close to $1 million building a force main aoJ a water line which is approximately 701 complete. He said Drexel wants to protect itself in t_he event that when the mora- torium is lifted~ Drexel is serviced by Boynton end money wasn't spent on transmission lines for nothing. Mayor DeLong said he regretted that Drexel hadn't been annexed to the City° Mr. Modeski said he was flattered by Mayor DeLong's comments the other night and Drexel would try to do justice to Boynton Beach. Mro Modeski said it is preferred to have a Boynton Beach address, but the post o~£ice advises that the address is Lake Worth. After some discussion bet~veen Mayor DeLong and Mr. Modeski regarding the possibility of Ik£exel's annexation to the City, Mr. Roberts said he thought he heard Mr. Modeski say that Drexel would tie into the Boynton system as soon as the momatorium is lif~ced~ He understood tha~ the Agreement reads ~as soon as the City's regional disposal system is placed in operation~ and that's the regional plant with Delray. Mr. Modeski said that is a problem about which there is some question. To go back again~ prior to Drexel's zoning~ PUD end development of the land~ Drexel entered into a contract with the City which at that time could handle Drexel's sewer and water with a good contribution from Drexel. Yre. Modeski said Drexel still wants to maintain its position in the contract. Mayor DeLong said on page 5 of the Agreement~ there is a proviso whereby the City agrees to opera<~the interim plant upon receiving the lease end acceptance by the City Manager. He said the City Manager definitely is not going to make a move until such t/me as he consults with the consultants and the City Council. Mr, Modeski said Drexel has already been in great discussion with the Area Planning Board, the Health Department end the Dep~t of Pollu- tion Control relative to this plan end they are all geared to give. Drexel their acceptance. They have checked out the mechanics, engineer- ing, etc. and are all ready to go. Mr. Roberts said the Agreement states '~removal of such plants must be discontinued from the service area as soon as the City's regional disposal system is placed in operation.~ He assumed~ therefore, that the plant would be in use until such time. This is on the top of page 2 of the Agreement and he asked for clarification f~om Mr. S~mon. - 12 - MIArdTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH: FLORIDA, HELD AT CITY HALL, TIiESDAY, APRIL 2~ 1974. Mayor DeLong asked if the proviso for the acceptance would cover this and Mr. Simon said yes~ that is the City's acceptance of it. Mr. Wallace moved to adopt Resolution No. 74-N~ seconded by i~r. Harmon- lng. Mr. Roberts said he didn't get an answer to his question -- what connection is there between the stipulation to remove a plant as soon as the City's regional dispos~ul system is placed in operation and the fact that the City has to operate the interim plant upon receiving the lease. He wanted to know why the plant should be kicking aIDund for several years if the City takes over operation. He pointed to page 5 where it says ~the City agrees to operate the interim plant upon reoeipt of the lease.~' He said this was somewhat ~onfusing and asked that some light be shed on it. Mr. Ha~mening said he believes the Department of Pollution Contro.1 requires that any of these interim plants toc.ated with~ the servmce area of the City be operated by the City~ This is an attempt to pre- elude some of the past and rather shoddy operations tha~ existed in some of the small outlying sewer plants operated by small developers. Mr. Roberts said he agreed and it's similar to.~the Agre.~e. nt ~wri.tt. en up .~.'th Charter World. If Boynton takes over =ne operation o~ this particular plant and Drexel has been .given two or three years for removal of this plant from their section, Mr. Roberts a~ked why the plant ~sn t removed immediately. After fuzVcher discussion, Ma.yor DeLong asked b.efore a vote was taken if Mr. Roberts had a suggestion as to the verbiage that should be included in this section of the Agreement. Mr. Roberts]referred to the top of page 2 and Mr. Simon said this was a recitation of a situation that exists. It's because of these various c:'.rcumstances that the parties thereafter agree. He said that top p~ a provision to which the parties agree~ they are acknow2 such a situation exists. It re,ers to the reception by BOynton Beach of a temporary operation permit and the t~ 2 is part of the stipulations contained in that tempora Mr. Roberts said he wanted to be sure the plant was ren~ was no further use for it and it was ola~ri£ied that thi~ OLD BHS!NESS .agraph is not .edging that the City of ~p of page ,y permit. ,ved w~n there would be done. Motion carried 5-0. Discuss Request of Mr. Preiditsch - TABLED Mr. Wallace moved to take this item from the table~ seconded by Mr. Harmemuing. No discussion. Motion carried 5-0. Mr. Preiditsch asked if Council had read the letter from him and his wife which had been given to them at the last Council meeting and it was clarified that each member had a copy in his agenda book. Mr. Preiditsch went on to say that he started in December~ 1971 at which ti~ there was no sewer line on S.E. 4th Street and he went - 13 - MINUTES OF REGULAR CITY COUNCIL MEETING 0F THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, APRIL 2, 1974. through the entire operation set forth by M~. Hopkins to put in an application~t an eng-lneer and get a cost estimates etc. At that tim~: the matter was tabled 4 times and on the 5th table, it was removed and he believed Resolution No. 70-T was rescinded which tef~ his projeCc high and dry. He said he had many conversations with the City E~gineer, Tom Clark~ and this pro3ect has been put on a bond issue to extend sewer lines to ~eas that do not have them and those with septic tanks to remove them and hook up to the sewer lines. After this~ M~. Pr~±ditsch said he was waiting for Russell & Axon to come up with a plan. He then decided to change his entire operation due to the fact that he had a sewer on S.E. 21st Avenue and all sewage ~uld be directed to it. A new plot plan was then drawn up and presented to M~. Largen~,. then planner in the City, who apparently forgot about it. M~. Preiditseh said it was necessary to then come back befoDe Council and claim he already had vested rights in obtaining a b~ilding permit to put up one four- plo×. After that building was up, Mr. Preiditsch said that money got tight so the project was delayed. Two months ago~ he contacted a bank and got a commitment. He then contacted Mr. Barrett for a permit and was told there was a moratorium. He was then directed to obtain a septic tank permit which was obtained from Mm. Rowland of the Health Department on March llth. However ~ prior to then, Mr. Kohl received a memorandum from Mr. Barrett and at the last meeting~ Mr. Kohl gave Council a letter about a continuous operation of ~. P~eiditseh's approved plot plan. If that was the only thing bothering Mr. Kohl~ M~. Preiditsch said he would complete his job within a year. He then urged Council to permit continuance of this project, with a time limit if desired. He asked that the permits be issued under the septic tanks or connec- tions to the sewers as the plot plan was approved by this body to build these eight four-plex units. He said he followed every rule, came before Council, never pushed the issue too hard, but always requested being handled without any discrimination in continuing his operation. l~. Kohl then read his memorandum addressed to Mm. Jack Bar~ett, dated March 19, 1974~ regarding the building permit for Mr. P~eiditsch. Mr. Bemrett said in his memo to Mr. Kohl that he asked ~o~ Council's interpretation as to what was meant by ~continuing project.~ Mr. Bar- ret said if he knew at the time what this meant, he would have either granted or denied the permit right away. Mayor UeLong asked M~o Barrett i£ he had any ideas as to what a continuing project was and Barrett said no. Mr. Roberts asked how many buildings were involved. Mr. Barrett said fou~ and that Mr. Preiditsch said i~ he is qranted De~mission to build as a continuing projeet~ he will complete the remai~ng three buildings within one year -- on the basis of 27 units per aero. - 14 - MINI1TES OF REGI/LAR CITY COUNCIL ~ETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, APRIL 2, 1974. Mr. Barrett said this was what the original 9~ant was for and this was the reason he asked how Council wanted to treat these that were applied for. He had six or seven applications for these projects and they are ~nder the old densit~yo Council was granting the right to continue under the old density -- not the denial of the per,air as such. He wished to know Council's meaning of the word :~continuing." M~. Roberts felt that this project could go on for quite a few years and it would be improper on that basis. He then questioned whethe~ or not there were sewer lines and Mr. Preiditsch said since there was no s~wer on S.E..~th, there was one on S.E. 21st Avenue, so he drew a new plot plan to run a sewer inside his prepe~ty end te~zgf_nate onto 21st Avenue. The sewer for the first building is on S.E. 21st Avenue. The whole plan shows eight fou~-plexes and the quad-plan came witb3_n the footage required, parking requirements and Council's approval. That took a turn when the~e was no sewer and he couldn't find out fr~m Mr. Clark who was held up by Russell & Axon. He said it took about a year after th? _City's bend_ issu? wh.en there was measuring fo~ a sewe~ on S.E. ~th Avenue after his first building was completed and he ready had a plan in progress. Mayor DeLong felt there was some funding tie-up at the time and that it wasn't the fault of Russell & Axon~ ~. Preiditsch said he wash 't sure, but a~te~ the City's $1 n~]]~on sewer plant by resolution was adopted, theme were no plans for extension of sewer lines within the City limits to alleviate the septic tanks and exter~ sewers in the diDection of ~1t Boynton, as he understood the bond issue. Mayor DeLeng asked if this precluded Mr. P~eiditseh from getting his commitments on finances and Mr. Preiditsch said yes. South of him~ Jack Lee Homes has an 18 unit apar~nent house and no sewer and they had to quickly run in their own sewer, practically using Mr. Preiditse~ plans. Mr. Barrett said at the time Mr. Preiditsch started his project: there had been a refunding agreement set up for the extension of sewer lines set up by Mr. Hopkins whereby if they ran the sewer line at their own expense: as connections were made, the~e would be a refunding agreement. This was since taken off the books %~hen the bond issue was authoDized which then stopped the progression of the sewer there. They wouldn't move their sewer knowing that there would he a sewer plan in the new design in that particular a~ea and he felt this might ~xplain the situation. Mayor DeLong added that it had to be taken into consideration that a density ordinance was also adopted and it was difficult to know where to beg-ln and where to stop. Mr. Roberts said he was asking questions because when it came before Council, it was on the borderline and at the time a building was allowed to be star, ed. He thought the builder could have been remiss and taken advantage of the 27 unit density by allowing it to lag and - 15 - MINUTES OF REGULAR CI~f COUNCIL P~ETING OF THE CITY OF BOYNTON BEACH, PLORIDA~ HELD AT CITY HALL, T~ESDAY~ kPRIL 2, 1974. he didn't feel there was any responsibility ~o the City Council whether or not he could get funding, unless he brought his problem to the Council's attention. In this case, it was just left ly/ng and he felt Council might want to take that into consideration, unless the Attorney had some comment. Mr. Harmen/ng felt Council should give Mm. Preiditsch a definite answer toni_edit one way or the other -- to grant or deny his request. After some further discussion~ M~. Har~ening moved that Mr. Preiditseh be granted permission to continue. Motion died for lack of a second. Mr. Wallace moved to deny permission for Mm. Preiditsch to continue. Mr. Roberts seconded, not/ng that it was a hard decision to make~ the bumden of responsibility should not be on the Coun~l but with the builder. No request for a delay had been made and he therefore agreed with Fir. Wallace. M~. Harmon/rig said he doesn't know all the reasons why Mr. Preiditsch didn't continue the project, but from what he~s heard, he'd be inclined to give him the benefit of t~he doubt. Motion caz~ied 4-1 /n favor of denying the permit~ Mr. Hsmmening dis s enting. Mr. Preiditsch said he had requested in PUBLIC AUDIENCE that he be heard after the dec/sion. He said he must now go back to the Building Department and apply for a permit, however~ he asked if he could question the City Attorney about vested z~ghts. Mr. Wallace said as a member of Council he would be opposed to granting that permission because it would be placing the City Attorney in the position of having to render a decision that will possibly have to be rendered by the Court. Mayor DeLong agreed and ~ett that Council had extended Mr. Preiditsch every eourtesy~ the City Council had moved on the mat- ter and the discussion was closed. He felt that Mr. Preiditseh could seek further action where he saw fit. Sanitemy Sewer Replacement - E. Ocean Avenue: between Seac~est Blvd. and N.E. 1st Street - TABLED Mr. Harmening moved to take this item from the table~ seconded by Mr. Roberts. No discussion. Motion carried 5-0. F~. Kohl referred to his memo before Council dated April 2nd stating that he was still waiting for ir~ormation from Russell & Axon. Today Mr. Joe Swan, Eng-ineering Manager of Russell & AXon~ did bring over a letter of recommendations on this and the negotiations that were made with Lauderdale Construction which F~. Kohl then read. He said he would like to get this job done. Mr. Wallace moved to accept the City Manager,s recomu~ndation based upon the communication from Russell & Axon~ the City's consulting engineers, relative to the sanitary sewer replacement on Ocean Avenue and in Alley North of 2nd Avenue~ Seacrest to NoE. 1st Street. ~r. Harmening seconded. No discussion. Motion carried 5-0. - 16 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA~ HELD AT CITY HALL, TUESDAY, APRIL 2~ 1974. Receipt of ReSignation of Mrs. Frances Fry, Chairman.~ Community .Appearance Board Mr. Kohl read aloud Mrs. Fry's letter of resignation dated March 3374. Mayor DeLong said not only does Mrs. Fry regret leaving, but everyone in the City regrets it and he felt it would be in order to have the City Manager arrange a suitable presentation of a plaque for the efforts and hard work that Mrs. Fry has given to the City of Boynton Beach. Mr. Wallace moved to accept the resignation o£ Mrs, Fry from the COmmunity ApPearance Board with regrets, seconded by Mr. Harmening. No discusSion. MotiOn carried 5-0. Mr~ Wallace then moved to instruct the City Manager to set up an appropriate presentation inreeognltion for the services of Mrs. Fry~ seconded by Mr. Harmening. N© discussion. Motion carried 5-0. Consider Appointment to Replace Mrs. Frances Fry Mr. Strnad moved to appoint Mr. Ken Sharon: alternate member of the Community ApPearance Board~ to a permanent position on the Board~ seconded by Mr. Wallace. No disCUSsion, Motion ca~ried 5-0. Complete Appointment to Plumbing Board - One Journeyman and/or One Layman Needed - TABLED I~n~. Harmening moved to take this item from the table, seconded by Mr. Wallace. No discussion. Motion carried 5-0. Mayor DeLong noted that Councilman Harmening was to have an appointment this evening. Mr. Harmening said he spore to one gentleman who respectfully declined. Mr. Roberts then moved to appoint to the P!u~g Board a man familiar with the building trade who he ~ett would be a good addition to the Board as a layman -- Mr. George Grimsey~ 700 Horizons West. Mr. Harmening seconded. No discussion. Motion carried 5-0. This completed the appointments to this board~ Costs for Paving and Drainage - N.E. 7th Street Mr. Harmening moved to leave this item on the table, seconded by Mr. Wallace. No discussion. Motion carried 5-~. NEW BI1SINESS None. ADMINISTRATi~YE Application for Permit to Solicit: Boy Scouts of America - Gulfstream Council, Inc. Mr. Kohl said everything was in order regarding this application for - 17 - MINGTES OF REGULAR CITY COUNCIL MEETING OP THE CITY OF BOYNTON BEACH, FLORIDA~ MELD AT CITY HALL, TUESDAY, APRIL 2~ 1974. permit to solicit with the purpose being to sell tickets for the Scout Exposition 1974, and he ~ecommended Council grant permission. lv~. Wallace moved to grant permission to solicit to Boy Scouts of America - Gulfstream Councils Inc., seconded by Mr. Roberts. No diseussion. Motion carried 5-0. Consider Request of Seaworth Shire: Ina. Mr. Kohl read a letter from Attorney Hugh P, Quiun, dated Mareh 26, 1974 in vChich request was made that the status of the Seaworth Shire, Inc. project relative to (a) Continuance of equitable estoppel as previously determined by the City Council, and (b) Abandonment of roadways end utility easements, be placed on this evening's agenda. Mr. Roberts asked Mr. Quinnto identify the location of the project on the maps before Council, which he did. Mayor DeLong asked if this item had previously been before Council and Mr. Quinnsaid yes. Mr. Kohl said when the moratorium came up some time ago, Council moved to go ahead on this. Now. Mr° Quinnhas been in touch with the City Attorney on the continuance of equitable estoppel. ¥~. Simon said he explained to Mr. Quinnthat at one point in the past the City Council: based upon the factual situ/ation, determined there was an equitable estoppel and the only question remaining is, has anything transpired since that time to change the status of this equitable estoppel situation because he cannot proceed due to the moratorium. He wants some understanding that he continues under that same recognition based upon the factual situation before. Mayor DeLong asked what has been do~e about the abandonment o~ roadways and utility easements. Mr. Kohl said he has never received anything in w~iting, it's just what Mr. Quinn has stated he has done. Mr. Quinn said on August 7~ 1975~ the City Council approved the abandonment of the roadways and utility easements being referred to here° He was under the impression that this had been completed by the City and he had thought after completion it would be forwarded to the County and proceed there. The understanding he had on August 7th was that it is necessary for the City Council to have water wells on some of the property where the abandonment is taking place and it would stop at the County at the point of recordation and he would then proceed to record an easement in favor of the City for the water wells at the same time of the abandoDment. ~. Qbhinn said it was his personal opinion that it's necessary to record the abandonment first so they should be recorded simultaneously. Mr. Flushing of the City's Engineering~ Department had proceeded to send Mr. Quinn several d~fferent legal desaTiptions~ ~D/chwould no~ fit within the site plan that's involved in the estoppel being referred to~ Those descriptions were slightly off. U~timately, Mr. - 18 - MINUTES OF REG~LA~ CITY CO~NCI-,. MEETING OF THE CITY OF BO~TON BEACH~ FLORIDA~ HELD AT CITY HALL~ TUESDAY, APRIL 2~ 1974. Quinn said he went to O'Brien, Suiter & 0'Brien, who. had already computed all the measurements for ali the buildings in the site plan and was prepared to stake it out if it wasn't for the moratorium. Mr. Quinn askeithem to prepare the legal description for the ~ty which was done at Pit. quinn~s expanse. It was completed in late February. MD. Quinn has that easement as ~11 as the easement for the ingress and egress. He said it is necessary to direct the City Clerk to complete the abandonment process and then go to the County with both, which is the second issue set forth in the letter read by Mr. KoP~I this evening. Mayor DeLong recalled that this abandonment was going to be granted and Mr. Quinn was going to make provisions for these new wells: for a total of three wells to be on this particulsm property. He asked if this was what was holding up the sinking of these new we3_!s also. Mr. Kohl said he's gone out for bid, but he still has to have the property. Mr. Quir~n said it was his desire to have the proper recordation of all these instruments take place. The only reason he was here tonight was to cooperate with the City. He cannot proceed in any event due to the moratorium. He wished to get the entire matter processed and recorded. Mayor DeLong felt the City was lagging. If additional wells are re- quired and Mr. Quinn is going to provide them and all that is needed is the abandonment, he felt Council should move with dispatch. ~. Kohl said that some time ago, Council had given the okay to abandon the right of way predicated on Mr. Quinn giving the City an easement, which had not been received. He asked the engineers on several occa- sions for the easements. Mr. Quinn said he had been in touch %-~th Mr. Flushing several times asking for a description subject to the satisfaction of O'Brien, Suiter and O'Brien~ who are going to lay out and stake for both Mr. Q%~'nn and the City. He reiterated that he has already paid for this des eription. Mr. Flushing said the descriptions he w~ote for the easements are principally the same as the ones of O'Brien, with some slight dif- ferences. Since there were no documents available, the City had no way of knowing the exact location of the wells that Mr. Quinn wanted. The descriptions done by Engineering were made from the plot plan Mr. Quinn supplied to the City. ~en the buildings were laid out~ this would possibly move the locations of the wells one way or the other° O~Brien staked out the property and came up with some new measurements in the field which varied a few feet from those written by the City~ He had no objection to this end said the City would go along with this new easement. ~. Quinn said Mr. Plushing did a very good job with the equipn~nt he had available, but he did not have a budget to go out in the field to MINUTES OF REGULAR CITY COUNCIL I~ETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CIT~ HALL~ TUESDAY~ APRIL 2, 1974. ms/ce the measurements. He said there was one crucial difference and therefore he was glad he waited and employed O~Brien, Suiter g O'Brien. F~. Wallace suggested the matter be tur~ed over to the City Manager to be handled administratively and checked with the City Attorney if there are any legal ramifications. Regarding the estoppel~ Mayor DeLong asked Mr. Simon if Council would be doing something eontrar~¢ to previous action add Mr. Simon said no~ in the absence of any change in circumstances -- the moratorium has simply put the matter in limbo. After some further discussion, M~. Ws]]aee moved in regard to the communication from. M~ Quinn that this matter be turned over to the City Manager to be handled administratively %z[th expedience in conjunction with the City Attorney, with a recommendation back to City Council. Mr. HarmeD-lng seconded. It was clarified that Mr. quinn~s entire request was included in this motion. Motion carried 5-0. M~. Russell of RgA stressed the u~gency of this matter because bids are going to be ~eceived next Tuesday morning at 11:50 on these wells. ~. Kohl said this would be done° Discussion - Re: Personnel Mr. Kohl referred to his letter before Council. He said it was the City Manager's prerogative to have a me~it increase for one of his department heads upon Council's approval. He recommended Robert Fel~z for a merit inorease~ P~. Feltz has been General Services Director since July 19~ 1975 at a salary of $13~62~.00. With the equipment he has had to work with~ Mr. Kohl felt he has done an excellent job. Mr. Feltz is in charge of the largest department in the City, comprising of sixty empioyees~ seventy-nine pieces of equipment and a total budget for 1973-74 in the amount of $916:224. As per Civil Ssz~cs Ru2t~s~, ~, a merit raise of 5% may be approved by the City Manager at anytime during the anniversary year to pre- vide for adequate recognition of gro%~/~ on the job. Mr. Kohl requested Counci!~s approval. Mr. Wallace moved to accept the City Manager's recon~endation~ seconded by Mr. St-~nad. No discussion. Motion carried5-0. Consider Request of C~harter World Mr. Kohl referred to his letter for the agenda a~d accompanying correspondence from Charter World° wherein they are requesting permission for the excavation of lakes for back-filling a portion o~ land that has been de-mu~¢ed. Plans for Council's perusal are available in the City Manager's o£fice. These lakes are also for beauty and pleasure. Iir. Kohl quoted from the City Code regarding excavations: ~Section lO-3. - Application - Any person desiring to excavate or remove any topsoil or subsoil from any lands within the corporate limits of the City shall file a written appliDation ~ibh the City Council and therein set forth the escrmptmo~ 9~ ~he %ands from which he desires - MINUTES OF REGTbLAR CITY COUNCIL MEETING OF THE CITY OP BOYNTON BEACH, FLORIDA, HELD AT CITY HALL~ TUESDAY, APRIL 2, 1974. tO remove such soil, the approximate amount of soil to be removed, and the depth to which he desires to excavate upon such lands. ~ Mr. Kohl recommended permission be granted subject to the approval of all other governmental agencies. It was noted that the Lake Worth Drainage District, who are more or less oversee/ng this projeet~ has granted its permission also and Mr. Kohl /ndieated that a letter to this effect was also before Council. Mayor DeLong requested that the letters from Charter World and the Lake Worth D~ainage District be made a matter of public reco~d and are ~t bached hereto. Mm. W~ltace moved to accept the City Manager's recommendation, seconded by Mr. Robez~cs. U~der discussion~ Mr. Harmening referred to the figume quoted in the correspondence of approximately 9005000 cubic yards pro- posed to be dredq~d and he asked if anyone cheCked to see if this figure is in any way equivalent to the area that they have had to de- muCk. Mr. Barrett said the Lake Worth Drainage District doesn,t make inspee- t/ons on the amount of cubic dredge reunoved, but they will mmke in- spections on the .slope of the banks and the stoppages and they hold broCk unt/1 the sediment settles, before they tumn loose in the canal, but these conditions are attached in their letter. The approx/mate-amount of yardage removed is approximately what is needed for the de-mucked area and they do remove just about th/s ~unt of muck which they are stoCkpiling on one er~ of the ground. They'll use this muck as cover for the got~ course after it's g~aded. He added that /n Charter World, roughly 20% of the total acreage vd~ll be used for building purposes, with 80% open smea. Motion esmried 5~0. Perimeter Piping P~plaeement - Wilson Referring to his earlier advice to Council that Rule Pool Maintenance was going to do this job in the amount of a little over $16,000, Mro Kohl now advised Council he had recently received a letter from Rule Pool, stat/ng that they %~)u!d be unable to do the job. He asked for Council's permission to do the job w/th City employees as soon as the swimming season is over this year. Mr. Roberts moved to grant the City Manager authority to proceed with~ the perimeter piping replacement at Wilson Pool with employees of the City, seconded by Mr, Ha~mening. Under discussion, Mr. Wallace suggested there may be additional recom- mendations from the Recreation Department or Council before the money is expended to do this work and he felt that direction could then be given to the C/ty Manager ~o proceed at that time. He said a great deal of money has been expended at Wilson Pool every year on reps/rs and if this was going to continue in the futur~ he would ]~ke to see some type of change and the money be expended on something that ~uld be lasting. M~. Roberts withdrew his motion and Mr. Harmening withdrew his second. 21 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA~ HELD AT CITY HALL: TUESDAY, APRIL 29 1974. MB. Wallace then moved that the City Manager come back with his recommendation regarding the V~ilson Pool at the season's end~ seconded by Mr0. Harmening. No discussion. Motion carried 5-0. Bills Mr. Kohl road the fotlo~_ug bills for approval: Touche Ross & Co. ~udit - Sixth Pro~ress Report Pay from 1500-277 $ 2,500.00 Rich Motors, Inc. International Garbage Packer Pay from Emergency Pund 58,593.00 Atlantic Avenue Carpets, Inc. Tile at P~lson Center Pay from Rev. Sharing Acct. ~121-214 2~867o59 Crane Bros. Motors 2 Police Cars Money budgeted - 3100-512 6,613.78 Palm Beach County Data Processing Programming Money budgeted 1500-277 1,605.21 Lauderdale Contracting Est. ~t2 Sanitary sewer Ext. Pay ~rom Atlantic National Bank 52,130.40 Russell & Axon ~1 Proj. 6858-1-111&CP ~ay from Drexel Funds 4:801.77 McLaren Constr. Co. Final Payment on Dog Pound Pay from Rev. Sharing Acct. ~121-212 294.89 Beeline Equipment, Inc. 1 M610 Bobcat Pay ~rom 6130-514o07 5,886.00 The Garden Store Landscaping Dog Pound Pay from Fed. Rev. Sharing-~i21-212 l,l?0.00 Russell & Axon Est. ~ll PrOjo 6858-4-CP Pay ~rom 6220-514.29 1~221.5i Russell &Axon Est. ~12 Proj. 6858-SM-111&CP Pay ~rom Atlantic National Bank 3~212.20 - 22 - MINUTES OF REGULAR CITY COUNCIL 5~ETING OF THE CITY OF BOYNTON BEACH, FLORIDA~ HELD AT CITY HALL, TUESDAY, APRIL 2~ 1974. C Russell & Axon Est. ~26 Proj. 6858-15-CP Pay ~rom 6300-298 $ 1~013.00 Lauderdale Construction Reloeation o~ 1-95 ~1 Pay from Utility General Re-imbursable from DOT 17,925.75 Gulfstream Constructional Pay £romLWcilityGeneral Re-/mbursable from DOT 31,365.00 Lee A. Walker Co. Pay from Capital Improvement Library --- $24~828.30 Fire Sra. 29,559.70 54~588.00 Russell & Axon Est. ~3 Projo 6858-4-11 Pay i-~omCRiilityGeneral Re-imbursablefmom $2~050,000.00 Bond Issue 13,928.00 Senior Citizens Friendship Club Pay from Federal Revenue Sharing 416.00 Hardrives, Inc. .Pay from 5900-518.04 8~659.53 Mr. Kohl said the bills described have been approved and verified by the department heads involved~ checked and approved for payment by the Finance Director~ funds are available in theirrespective budgets and he therefore recommended payment of the bills. Mr. Harmening moved to pay the bills~ seconded by Mr. Wallace. P~. Kohl said on the Senior Citizens Friendship Club, they no lonqer have the main cook~ but an assistant cook which the City is p~ying for and there is a reduction in the amount. Mm. Ha~mening noted the Lauderdale Construction bill is reimbumsable from the Department of Transportation in the amount of $17,925.75 and Gulfstream Construetion's bill is also reimbumsab!e from DOT in the amount of $31~365.00. After some discussion on reimbursement of funds, Mr. Kohl said at Mr. Harmening~s request: he called DOT, who stated that upon 50% of the money expended: they would start proceedings to reimbumse the City. ~o Wallace noted that close to $100,000 would be reimbursable~ so ±t~s not as bad as it seems. It was clarified for Mr. Strnad that 10% of Lee Walker's bill is being held back. Mayor DeLong asked if the Pa/um Beach County processing program was out now and Mro Kohl said until he gives the Counc/1 advice on it, he doesn't know whether or not he~s going to stick 9~th it. Mayor DeLong ~lso asked about the status of McLaren Construction Co. and ~r~ Kohl said some money is being held back. Mr. Barrett said that Bill Sullivanhas a futl list of sub-contractors and he advised that everything was in order. Motion carried 5-0. 23- MZCNLLTES OP REGLEJ~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELO AT CITY HALL~ TU~SDAY~ APRIL 2~ 1974. OTHER Mr. Wsllace refe~ to ~ earlier request about comn~cations at the beach and M~. Kohl e~lfizmed that it would be b3andled ad~tra- tlvety. AD~T Mr. Wallace moved to adjourn, seconded by Mr. Harmening. Motion ca~ried 5-0. Meetin~ adjourned at 10:19 P.M. CITY OF BOYNTON BEACH, FLORIDA By:/~ ~~ Mayor Vice Mayor oune_%lmsn City Clerk Councilman - 24 - ,~?~ty of Boynton ~e~h C~ty Co~u~cil CONDOMINIUMS from ~ w~ ~ame sl~e s!o~e ~eSicn ~ ~7 ~iSO at{ached is ~ ~ ~ ~ ~ YP cal cross.sec%ion of We ~ W°uld ~P~ecia~' ~6~ ~ r~ew ahab0~ V~iO~ ~S SOO~ as OSS ~ ,: p tble ~-~ND :~ELopM~~ C0~, ] Rou~ 1, Box 711 DBLRAY BBACH, FLOR/DA Palmland Development Corporation ~ton Beach, Florida 33435 Attention: ~. D. M. Capps ~ar Mr. Capps: This letter is being written at the request of Mr, ~ight M. ~ar~la~ This letter will serve as your permit to excavate our Lateral Canals 1~o. 29, and 30 and to retain and use all excavated materials, The speeif~ca~ tions for each canal will be detailed below~ We will also indicate pipe sines at roads crossing L-29 and describe how your draimage may ~e ¢omaec~ed to the canals. In amy excavation within o~r Canals, you will be required to control the turbidity of the water to the satisfaction of the Pollution ~ontrol Division of the County Health Department. We will also require that do not interrupt the existing continuous free flow of water. Lateral Canal No, 28 has a total right-of-way width of 80 feet, lying 40 feet on each side of the Section line. There is am e~-istlng control consisting of a 72" CoM.P. with flash board riser. If yon wish, you~a~y petition the Board of Supervisors for permission to remove it. The ~siga section for Lateral No. 28 x~ill have a 5-foot berm on the north and a 35- foot berm on the south. The remaining 40 feet will be canal excavated as deep as possible without disturbing the top edge° The 35-foot maintenance berm should be sloped approximately 1:20 away from the canal. ~o opem ditches will be permitted to cross the maintenance berm. Amy swales crossing the berm would require a paved spillway. Lateral Canal No° 29 has a total right-of-way width of 85 feet. design section for Lateral No. 29 will have a 5-foot berm on the south and west sides and a 35-foot berm on the north and ~gst sides. The remain- lng 45 feet will be canal excavated as deep as possible without dist~rbiug the top edge. If the District is to perform the routine maintenance on the canal, then the maintenance berm will be the same as described for Lateral No. 28. If the Association wishes to maintain the canal, then the developer may slope the berm as they wish providing the de~elope~ has executed our standard agreement for 'tHither Degree of lWmintena~ceJz Please advise us of your intent prior to excavation. Ail road crosslets over L-29 within your development must have a minimumS2'~ A.CoC.MoPo or 72" RoC.P. of sufficient length. Mro D. M. Capps Boynton Beaoh, Fla. -2- '' ~ Lateral Canal No. 30 has a total right-of-way width of 20~ feet, lying 110 feet north of the Sectiom line and 90 feet south of the Section line. The design section for Lateral No.-30 will have a 40-foot maimte- hence berm on eaoh side, sloped approximately 1:20 away from the camal~ The bottom elevation should be no higher than elevatiom O~O'm~sol. ~ it is economically feasible, it may be dug deeper. Yo~witl only be e~titled to excavate from the Section line northward except in front ~ those homes located on Lone Pine Road in which case yo~ can excavate ~e _ entire canal top width of 120 feet~ that~is to a point 5~ feet sout~ ~f the Section llne. Any canals or water bodies enteriugI~erat - . 30mus~ do so by a suitable culvert connectmon. Please do not ims~atI a~u~ai~m pipes within our canal rights-of~~ay unless they are to ~a~ a ~o~c~ret~ headwall. We would expect that on Lateral No. 30 you would flag the area be excavatedwell ahead of time and inform the adjaeeut Iaudo%zmers of your intentions. If you have any questions~ please contact us. Very truly yours~ LAKE WORTH D~-INAG~ DISTRIC~ Richard So Wheeli~-~ Assistant Man~ger ~- ~- RS~:sc