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Minutes 08-21-73MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BE~CH, FLORIDa, HELD AT CITY HD~L, T~ESDAY, AUGUST 21, 1973. PRESENT Emily M. Jackson, Mayor Joe DeLong, Vice Mayor David Roberts, CounciLman Edward F. Hazmening, Councilman Forrest L. Wallace, Councilman ~BSENT Ernest Simon, City Attorney Frank Kohl, City Manager Tereesa Padgett, City Clerk Mayor Jackson called the meeting to order at 7:51 P.M. She welcomed the audience and asked them to rise for the invocation given by Rev. Steve Moss, Associate Minister, First United Presbyterian Church, followed by the Flag Salute led by Councilma~Roberts. Announcements Mayor Jackson announced, in the interest of comfort, that anyone wishing.to remove his jacket would be welcome to do so. Mayor Jackson announced next that Mm. Joseph A. DiBacco would present the City with a franchise check for TelePrompTer cable T.V. Mr. DiBacco said that the check had been presented to the City Manager two weeks ago so that it might be put to use right away. He offered assistance to the Council and citizens by answering any questions relative to the cable transmitter in Boynton Beach. At the Mayor's suggestion, he gave his office phone number -- 585-5575 and added that the amount of the check was $12,500.00 with hopes that next yearTs would be greater. Mayor Jackson announced that the City offices will he closed on September 3, 1975 for Labor Day. In regard to the Little League presentation, ~ayor Jackson announced that the Senior Division of the Little League won the District 7 championship and asked for a round of applause. She said that the presentation of the Little League would be postponed until the next meeting. MINUTES Regular Meeting - August 7, 7975 Mr. Roberts moved to accept the minutes of the Regular Meeting of ~ugust 7, 1975 as w~itten. M~. Ha~mening seconded. There was no discussion. Motion tattled 5-0. -1- MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BE~CH, PiORI~A, HELD AT CITY HALL, TLiESDAY, AUGUST 21, 1973. Continued Mee..ting- August 10, 1973 Mm. Roberts stated that he ~u!d like to add a few.notes for the record. On page 7, paragraph 4~ line 2, the phrase "Other Council members had the same question ..." should read~ t'Another Council member had the same question ..." Referring to the same paragraph, M~. Roberts said he would like the minutes to reflect that on July 3rd under "Other", it states "M~ Roberts moved the City Council iook for a full time A~o~ney t~ugh'adverti~inq o~ other meanS to handle all of th~ services Of the City Council at a fixed fee under $25,900 per year, including secretarial services, etc. M~. Harmening seconded the motion. There was no discussion~ Motion carried 4-0~ Mr. Wallace was not present? ~ir. Roberts wanted the meco~ds to ~eflect that this matter was ~roperly handled. Mr. Wallace said that he had sent M~o Roberts s letter of apology which he wished to note publicly. Mr. Roberts felt that Mm. Kohl should receive the apology as he was interrupted at the previous meeting and taken to task and Mr. Roberts felt it was not called for. Fir. Wallaee did not want to belabor the point, since he had asked Mr. Kohl about the matter before the last meeting and Mr. Kohl did not recall if it was an actual part of the minutes or otherwise. Mr. Wallace referred to page 9 and asked for the intent of the motion in paragraph 1 in which Mr. DeLong moved to make the Status Report of the City Manager a matter of public record and to commend hin% outside of the few remarks about the '~bugs" which were justified. MT. Wallace said that for the record, he felt that at this point the Charter was violated as far as going ahead with the court system as set up. He noted that it was also pointed out that it would be taken care of by the legislature at a later date. Mr. Wallace said he voted for the motion on that basis, hut he wanted it understood that he had very strong feelings about the "bugs~' that were being discussed. },~. Roberts asked Mr. Wallace where the Charter was violated as he' s always followed the Charter to the best of his ability. Mr. Wallace referred to the discussion at the last meeting and p~evious act/on of the Council where it was stipulated and set up as far as the Court system by action of the Council. In this case, the courts were changed by an administrative policy which was not brought to Council and the City is still operating under that procedure. Mr. Wallace noted that it was explained that the ~tbugs'~ have now been taken out but he felt that the Charter was violated by the way the court system was changed. Mr. DeLong explained that he used the word "bugs" in his n~tion because tbmt was the terminology used by Mr. Wallace at the time. He further pointed out that everyone, including the City Clerk, mutually agTeed at the budget sessions that Mr. Kohl temporarily MINUTES OF REGWdk~R CITY COUNCIL MEETING OP THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, AU~JST 21, 1975. set up the Court with the changes to give it a trial before it was actually permitted under House Bill 10-20. He noted that the City Clerk at that time asked to have a choice of one person to go into he~ de- partment which was agreed by everyone concernedi He felt there was no violation on the city Manager's part becaUSe this was all adminis- trative, Mr. WallaCe said he only wanted to state his own feelings as ~ar as the motion was concerned. Mayor Jackson noted also on page 9, paragraph 5, llne 2, the word, "Di~ector~ was incorrectly typed. Mr. DeLong moved to accept the minutes of the reconvened Meeting of August 7th: held on August 10, 1975 to incorporate those statements made by Mr. Roberts and Mr. Wallace for the record. }fr. Harmening seconded. There was no discussion. Motion carried 5-0. PUBLIC AUDIENCE Mayor Jackson noted that there would be a Public Hearing at 8 P.M. and then asked those who wished to speak on items on the agenda to give their names and the item number to Mrs. Padgett, excluding those who wanted to speak at the Public Hearing. She then invited anyone to speak for three minutes each about items not on the agenda. R. B. Vastine, 132 Leisureville Boulevard, speaking for the United Boynton Civic League, said that hs had been approached by people in various parts of the City to make a request regarding voter registration stations. They requested six stations throughout the City -- northeast, northwest, central east: central west, southeast and southwest~ for an evening or day registration at given hours and on given days. Mayor Jackson noted that the City Hall has remained open in the evenings for several weeks before the books were closed and she asked Mrs. Padgett if the system requested has worked in the past. Mrs. Padgett explained that there has 5eon no registration away from the City Hall and that an attempt to use a '~Deputy Syste~' did not work out. She said if the Council wished, City Hall could remain open several evenings, Mr. Wallace asked about extra polling places and Mrs. Padgett stated that there were only two in the City, in the north and south, adding that the County has ten precincts. Mr. Wallace asked if it would be possible to use the two precincts for registration, even on alternate nights, and by paying City employees extra to man the stations. Mr. belong advocated Mr. Vastine~s request and noted that there were several different clubs in the areas mentioned. He asked if the City could visit each section on certain nights if space was available, and by advertising, those who wished to register at the specific M/~dTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY~ AUGUST 21, 1973. locations could do so. Mr. Wallace suggested the City Manager look into the situation and come back to the Codncii with those sites necessary, possible cost and time involved. Mn~. ROberts asked if it was necessary to have evening registration because of the burden placed on the City'S employees. He suggested beginning in Re afternoon and running to 5 or 6 o'clock. Mr. DeLong felt it wouldn't be necessary to stay open too late in order to accommodate people who work during the day. Mr. Wallace moved to turn this item over to the City Managerto follow through with a recommendation to Council to set up voting registration areas throughout the City if feasible. Mr. DeLong seconded. There was no discussion. Motion carried 5-0. Dr. Lloyd Larrick~ ~220 Chapel Hill Boulevard, spoke about the matter of cleaning the canals. He felt there was a health hazard if the canals were not kept clean and cited the possibility of mosquitoes carrying encephalitis. He appealed for action by the City Council. Mr. DeLong said the City Manager was on top of the situation and has some information regarding the developments that were accepted by the City with plats recorded on both streets and canals. He felt that the City would have a responsibility to maintain those areas and asked Mr. Kohl to read the list. He asked that the Chairman of the Planning and Zoning Board make certain that in the future, the care of canals rests with the developer. Mr. Kohl said from a request at a previous meeting when Council asked him to determine how many homes were located on canals, he learned there were 149 on L~ke Eden, Golfview Harbour, Mission Hill and Venetian Isle. There are approximately 65 homes maintained by Lake Worth Drainage District at Golfview Harbour. He stated that in checking the plats, the ones that specifically list the streets, boulevards and canals dedicated to the City are Boynton Isles, Golfview Harbour First Section, Golfview Harbour Second Section~ Venetian Isle, Addition No. 1 - Venetian Isle and Venetian Park. It was noted that Chapel Hill was not included, nor Big Bass Section of Golfview Harbour. ,Douglas Rohrbaugh, 1076 S.Wo 26th Avenue, asked about the tax money allocated to clean the cabals -- if the City wasn't using it for that purpose, a~range to allocate it to the County so they could take care o~ it. Mr. DeLong advised that it wasntt possible to transfer taxpayeDs' money from one governmental agency to another. There was some discussion concerning who should take care of cleaning the canals and how it should be handled. Mr. Wallace suggested studying the matter further under the direction of the City Manager and coming up with a policy that would encompass -4 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CI~ff HALL, ~dESDAY, AU~dST 21, 1973o alt the canals ~thin the City, what areas would be covered, who would carry the burden, etc. He also asked that the City Manager look into the cost of taxpayers~ money to maintain these'canals. H~ felt that some people in the City were being taken care of while others were not ~ece~ving the same riqhto M~. DeLong expressed concern about future developers coming under the same proviso. He noted that it was specifically written on some plats that the City does not have any obligation. Mr. Kohl stated that the plats omitted from his list read earlier do not list the canals on their plats. There was then some discussion about Leisureville~ where the plat states that the burden of the canals falls on the contractor. Mr. DeLong said he would go along with the City taking care of those plats which had no indication one way or the other as to who would take care of the canals and g~ouping them together with those where the plat specifically states that the City would carry this obligation. Mr. Wallace clarified that he was referring to a study of homes already in the area on canals that were left up to the developer. He said instead of going to the County~ the developer should be approached where possible and be required to clean the canals on a percentage basis. If there are areas that do not fall under any category (here he referred to Mr. Harmening's previous comments about a special taxing district of groups within a particular area) they should be given some direction. Mr. DeLong felt that unless an individual lives along a canal falling under the jurisdiction of another governmental body, such as the Lake Worth Drainage District, anyone already in the City should fall under an overall blanket agreement whereby the City would service his area. He stressed that new developments cutting their own finger caomls should be responsible for those areas as the situation would get out of hand. There was some further discussion among Council as to the matter of the City only accepting plats which stated that the developer would be responsible for cleaning canals and that a firm policy be established D~. Larrick stated that his house was built in 1962 and the canal had been taken care of since that time. He asked how he could deter- mine why it wasn't on the City Manager's list. Mr. Kohl noted that the plat in Chapel Hill was done by the developer and did not specify anything about the canals. There was some discussion about the mosquito problem and Mayor Jackson advised that there would be a phone number posted on the bulletin board to call requesting the County Mosquito Control to spray specific areas. MINUTES OF REC4/LAR Ci5% COUNCIL MEETING OF THE CITY- OF BOYNTON BEACH, FLOP~IDA, HELD AT CITY HALL, TUESDAY~ AUGUST 2t~ 1975. PUBLIC HEARING Mayor Jackson noted that the Public Hearing was 5 minutes late. Consider Amending Sec. 3!-10(A) - re M-1 Zoning Classification Mr. Kohl read the uses permitted and the uses prohibited accozding to the proposed amended ordinance on the M-1 Industrial District. Mayor Jackson asked if anyone wished to speak in favor of the Ordinance. Tony Malotke~ 1380 $.W. 28th Avenue, said he was concerned about prohibiting the businesses of certain oldtimers in the City. Mr. Harmening clarified that the Public Hearing was being held on the ordinance proposed to change the M-i zoning classification. It will spell out specifically what is al!~ed and what is prohibited. It was explained that Mr. Mmlotke was not speaking in favor of the ordinance and was therefore requested to come forward during the time allotted for those to speak against it. After no one came forward to speak in favor of the ordinane% Mmyor Jackson asked if anyone wished to speak against it and for Mr. Malotke to continue his co~ents. He asked that the Council consider those industmies who are already in business in the City. Mr. Roberts clarified that this ordinance amending M-1 does not exclude anything as long as it's under the proper classification, fol- lowed by some comments concerning a case about a cement block ma~a- facturer that was already in court. Mr. DeLong added that the ordinance was being amended because the City was deluged with petitions from residents who felt that this type of industry was objectionable and also to fumther clarify the intent of the existing ordinance. Mr. DeLong then noted a correction which was in conf!iction with the existing ordinances. On page 2 under ~CTM BUILDING HEIGHT AND SITE REGI1LATIONS -- the word ~'None~' should be stricken and the words~ '~45 feet height maximum~ should be inserted instead. Mayor Jackson commented on an article written on the top six pollutems stating that two or thmee included silicone dust fmom cement plants which is carried in the air for 5 miles and can cause silicosis, therefore being undesirable. Mm. Job~ Beranek~ a lawyer repmesenting Lehigh Portland Cement Company: noted that there were two lawsuits pending and although the matter shouldn't be discussed: he wished to state Lehigh's position in regard to the ordLnance. He said that there were technical diffemences -6 - MINUTES OF REGULAR CITY COUNCIL F~ETING OF THE CITY OF BOYNTON BEACH~ FLORIDA~ HELD AT CITY HALL, TUESDAY~ AUGUST 21~ 1975. between cement and concrete and added that if Lc_high does build a plant in the area, they would comply wi~h all state laws ~egarding air pollution. He stated that Lehigh's application for a building Permit was made before this amendment. There was some discussion about the fact that Lehigh~s first attempt in the courts did not succeed and they have filed for a rehearing. The Council then clarified again that the intent of the amendment was to be more specific as to what would and what would not be allowed under M-I zoning. Mr. DeLong moved that Ordinance No. 73-58 regarding the M-I zoning amendmerft be read on first reading, including the correction about the height restriction. Mm. Roberts seconded. Motion carried 5-0. Mr. Kohl then read Ordinance No. 75-38 on first reading -- An Ordinance of the City of Boynton Beach, Florida, amending Chapter 31 of the Codified Ordinances of Said City by Bmending Section 51-10 by Providing for Specific Permitted Uses and Prohibited Uses Hnde_v M-1 Industrial District Zoning Classification: etc. Mm. DeLong moved for the adoption of Ordinance No. 73-58 on first reading. Mr. Roberts seconded. There was no discussion. Motion carTied 5-0. To Consider Abandonment of Poadway Reservation and Walkways in Block A, Boynton Beach Memorial Park Mr. Danny O'Brien, representip~ the Boynton Beach Cemetery Board, explained that the portions asking to be abandoned were platted in the Boynton Beach Memorial Park in 1957 in the western end of the plat. %he City approved the plat for the Memorial park west of and including this Block ~ and the 55 foot road reservation abutting the west side of the previous plat. He said in order for this cloud to be removed from the title of the new cemetery plat, these areas must be abandoned by Council action. [~. DeLong asked for clarification of the fact that the Plann/ng and Zoning Board approved of this change and whether or not it had been made a matter of public record. Mayor Jackson said that it was. Mayor Jackson asked if anyone wished to speak in favor of or in opposi- tion to the abandonment. No one responded. Mr. Roberts moved that since the City Manager and the Planning and Zoning Board were in favor of the abandonment, the City go along with their recommendation and that Resolution No. 73-HU be read. Mr. Harmening seconded. Motion carried 5-0. Mm. Kohl then read Resolution No. 75-U~ -- A Resolution of the City of Boynton Beach, F!orida~ Abandoning Road Reservation and Walkways as - 7 - MINUTES OF REGULAR cITy COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA~ HELD AT CITY HALL~ TUESDAY~ AUGUST 2!~ 1975. Shown on the Plat of Municipal Cemetery~ etc. Mr. Harmening moved for the adoption of Resolution 73-UU. Mr. DeLong seconded the motion. There was no discussion and the motion carried 5-0. FGBLIC AUDIENCE (Cont~ d ) Mr. C. F. Middleton, 3145 Chapel Hill Boulevard~ referred to the research done by the City Manager in regard to the canals~ specifically in the Chapel Hill area. He asked who owns the property and since the City had maintained the canals as far as cleaning them over the past several years, he questioned the right of the City Council to discontinue the practice. Prances Fry, speaking as Chairman of the Community Appearance Board, requested Council, s consideration in declaring the second or third week in January as Boynton Beach Beautification Week. Mr. DeLong complimented the Board for its thoughtfulness. ~. Wallace moved that the second o~ third week in January be set aside as Boynton Beach Beautification Week as dedicated by the Community Appear- ance Board. Mr. Roberts seconded. There was no discussion. Motion carried 5-0. BIDS Awarding - Street Resurfacing Proqrem Mm. Kohl explained that this is the start of the City's asphalt re- surfacing program to be taken out of the new budget after November 1, 1973~ because the bidders cannot start until ~fter that dare. ~le low bid was from Rubin Constr~etion Company fo~ $29,845.00 and the other bid was from Hardrives~ Inc. for $36,300.00. Mr. Kohl recommended awarding the bid to Rubin Construction Company. Mr. Wallace moved to follow the recommendation of the City Manager and award the bid to Ruben Construction Company in the amount o~ $29,845.00. Mr. Harmening seconded. Under discussion, ~. DeLong asked Mr. Kohl £or the details as to what the City was getting for its money. Mr. Kohl said he had the list of streets in his office and this was for 1,700 tons of type 2 asphalt. Mr. Harmening suggested that Mr. Kohl post a list of the streets to be resu~faced so that interested citizens could see whether their streets were included in the program. Mayor Jackson noted that some streets were not included because of the work being done on sewers and Mr. Kohl explained that those streets would be done later. Mr. Kohl said there would also be a list on the window of City Hall indicating those st-~eets covered under the Slurry Seal program. Motion carried 5-0. MINGTES OF REGU/2LR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLOR!DA, HELD AT CITY HALL, TUESDAY, AUGUST 21, 1975. Construction of Addition to Handball Court Mr. Kohl stated that due to the cost increases in material, he would not recon~.end pursuing this project at the present time. Mr. DeLong felt there ~s more need for another tennis court, as he hadn't observed too much use of the handball facility. Ralph Pearson, 2731 N.W. ist Street, spoke in favor of the handball court and of the unfavorable playing conditions that presently existed. P~rther discussion ensued about the pros and cons of a new tennis court versus an additional handball court. Mr. Kohl advised if Council agreed not to go ahead with the additional handball court: would proceed to have the lighting and fence reconstructed at the present site. he Mr. F. C. VanDeusen, 227 N.E. 22nd Avenue, spoke against the handball court, stating that it is used very little and he felt it would be an ur~ecessary expenditure to add another court. Mayor Jackson observed that it is usually used by people waiting for ~e tennis court to be available. M~. Roberts recalled the original actions concerning the move of the handball court at which time it was decided to add another one, although he was against it. He cited the large budget set aside to increase the City's recreational facilities for young people and he was in favor of another tennis court instead of ~.~andbsll court. He also noted that at the time of the original action, there was no recommendation by the Recreation Director for an additional handball court. D~, Skinner, !12 S. Federal Highway, spoke in favor of the handball court and added that it was used a great deal at night when it was properly lit. He felt the City had an obligation to meet all the demands of its different types of residents. He asked to go on record stating that the h~ndball courts definitely serve a purpose and should be brought up to playable standards at the present t/me, along ~th the addition of a second handball court. After clarifying that the funds originally set aside for the additional handball court would remain in ~he Recreational Department, s bud,et for other purposes, Mr. Wallace moved to turn down the bid and d~rect the City Manager to bring the present handball court up to the standards at which it was, including ~encing and lighting. M~. Roberts seconded. There was no discussion, however, Mr. F!ynn noted that there is no specific mention ~n the operating fund budget for handball courts. They are to come out of federal revenue sharing funds and Mr. DeLong MI~dTES OF REGULAR CITY COUNCIL MEqETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL~ TUESDAY~ AUGUST 21, 1975. stated that it was included on the list that he had submitted to Council on the Capital Improvement PTogram. Motion carried 5-0. l~. Pearson asked for puiolic know!~dge as to what the bid was on the handball court. Mayor Jackson answered that Kemco Enterprises, Inc. bid $12,983.80 and MoLaren Const-r~etion Co., /ne. bid $8,094.00. Sale of One (1) Generator Mr. Kohl noted for ir~ormation that the generator in question was a 25 kilowatt LeRoy Auxiliary Power Plant purchased 4 years ago for the Fire Department. Mr. Kohl cited several reasons why the Department could not depend upon the unit in an emergency due to its age and malfunction and was replaced by a new one. After being advertised for sale in the newspaper by the Purchasing Department, two bids were received -- one from George Zopfie for $100.00 and another from Ed Duffy~ Jr., for $125.00. Mr. Kohl recommended that the generator be sold to M~. Ed Duffy, Jr. Mr. Wallace moved to follow the City Manager's recommendations, seconded by Mr. DeLong. Mr. Wallace asked to make a statement after the vote. Motion carried 5-0. Mr. Wallace asked if an inventory could be taken of obsolete or unused equipment owned by the City and hold an auction~ specifically with regard to radios. Mr. Kohl said he would do so. LEGAL O~dinances - 2nd Reading No. 7~-5] - Assessment Roll - Paving Portion of S.E. 26th Ave. Before the reading~ Mr. Wallace referred to some literature received by the Council pertaining to a possible lawsuit in regard to this ordinance. Mr. Wallace questioned whether the individual involved had appeared before Council in the past and was to work out an agreement with the City Manager. b~yor Jackson advised that this was in reference to Dr. Kiszka~ who had a different piece of property than was discussed previously. Mr. DeLong requested that the communication received from the law firm of Griffith & Moore be made a matter of public record and read aloud. The following letter was then read by Mayor Jackson: - !0 - MI~dTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLOR/DA, HELD AT CITY HALL, TUESDAY, AUG~dST 21, 1975. ~'This letter confirms my telephone conversation to you of this date that ou~ office has been retained by D~. Edward Kiska, owner of lot 94 of High Point Subdivision located on the southeast corner of Seacrest Boulevard and S.E. 26 Avenue. I have been informed tb~t there will be a final reading of Ordinance No~ 73-55 relative to the special assessment that will be considered on Tuesday, August 21, 1975 at the Regular Meeting of the City Council. On behalf of Dr. Kiska, we object to the passage of this ordinance on the 9~ounds that the same is contrary to and violates the prior Council action in the approval of the special assessment in which each proper4~y owner was to be assessed uniformly. Dr. Kiska informs me that the fonmer predecessor in title objected at the original hearing on the basis that this street would afford no benefit to lot 94 since the ingress and egress to the property is easily afforded through Seacrest Boulevard. ! have been further informed that the intended Ordinance No. 75-33 proposes to delete assessment against lot 95, owned by Dr. Charles Simon, et al. This lot, according to the plat, has 194 feet on S. E. 26 Avenue and has been previously assessed at a cost of $2,049.45 toward the payment of the total street improvement. This amount represents approximately one fourth of the total street assessment. The frontage of Lot 94 is 84 feet, presently to he assessed $895.55. I~ is my opinion that the City Council does not have the authority to delete lot 95 from this assessment and use fur~s from the General Fund to pay for the improvements abutting lot 94. The law is well founded on this f-act and the remedy to the lot owner of lot 95 has now been waived since he failed to take appropriate legal action to test the validity of Council~ s action prior to the time that the actual road construction work was commenced. Tbmre are numerous cases, most recent of which is T~easure Isle v. Strong, 215 So. 2nd, 475~ mn which this question now before the City Council was decided and stated that the property owner has waived his rights to contest an assess- ment after the improvements abutting the real estate that v~s benefited have been completed. Had he wanted to test the validity of the Council~ s action, it would have been necessary for Dr. Simon to bring appropriate action in a court of proper jurisdiction, prior to the installation of the improvements. It would be discriminating to the other lot owners should the Council attempt to treat any one different from the other. If in the wisdom of the Council, all property owners were treated uniformly as to the benefits afforded, lot 94 would make no objection. Since the argument of lot 95 is the same as my client as owner of lot 94, certainly both should be equally treated. Therefore, if there is to be an abatement or elimination from assessment, we respectfully request that lot 94 has not received benefits and that this assessment be deleted from lot 94. MI~dTES OF REGULAR CITY COUNCIL MEETING OF TH~ CITY OF BOYNTON BEACH~ FLORIDA: HELD AT CITY HALL~ I~dESDAY~ A~dGUST 21~ 1975. I wish to further advise the Council that due to the fact that I have a previous commitment, ! am unable to attend the meeting tomorrow night and me~aest that this written obi eation be read into and made a part of the record of the meeting of August 21~ 1973. Thanking you for your consideration, I remain Very truly yours, Signed: Robert F. Griffith, Jr." MIN~/TES OF REGULAR CITY COUNCIL MEETING OF THE CiTY OF BOYNTON BEACH, FIDR!DA~ HELD AT CITY HALL, ~/ESDAY~ ~GI/ST 21, 1975. Mr. DeLongmoved to read the Ordinance on second reading, take a vote and have a discussion, lip. Harmening seconded. Mrs. Padgett said that Dr. Skiruner wished to speak on this item. Dr. Skinner came forward and noted that the law firm made an error by stating that Lot 94 had ingress and egress on Seacrest Boulevard. He supplied the Council with photographs showing that the ingress was on Seacrest and the exit was on 26th Street. He noted that this was a commercial piece of property which does benefit from a road being placed on a cornem. He stressed the Charter's provisions concerning benefits, adding that his property derived no benefit from this road. Mr. Kohl read Ordinance No. 75-55 by caption only -- An Ordinance of the City of Boynton Beach, Florida, Levying Special Assessments Against Property Benefitted by a Certain Street Improvement Pmoject Within the Said City, etc. Mayor Jackson stated for the record that this does omit Lot 95 from any assessment. Mr. Harmening moved for the adoption of Ordinance 73-33 on second reading. Mr. Wallace seconded. Under discussion, Mr. Roberts noted that he was surprised when he learned that Lot 95 had been completely relieved of assessment. He felt that there should have been relief and he was under the impression than an equitable agreement, such as a third for the City, Owners and others involved, would be worked out with the City Manager. He did not feel it was equitable with the City assuming the entire cost, adding that he voted for the Ordinance on first reading only as a matter of expediency. He stated that he would be strongly inclined to vote against the Ordinance as it is. Mm. DeLong felt this situation was an experience in futility of effort and that in the future he would adhere to his past policy and listen to those who were being paid to analyze such situations and submit an assessment roll to the City Council. Mayor Jackson reiterated her feelings that if something is done for one, it should be done for all. There was some discussion between Mr. DeLong and Mr. Wallace as to how to handle the present ordinance and the importance of sett/ng up a policy as to the manner in which these situationsshould be handled in the future. Mr. Harmening suggested following the Charter in regard to assessing p~operty on the basis of whether or not it's been improved, with details as to the financial breakdown being worked out by the Council. Mayor Jackson repeated the motion regarding the adoption of Ordinance No. 73-53 on second reading. Motion denied 3-2 (Mayor Jackson and Messrs. DeLong and Roberts opposed; Messrs. Wallace and Harmening in favor). 12 - MINX1TES OF REGULAR CI!~f COUNCIL MEETING OF THE CI~f BEACH, PLORIDA, HELD AT CITY ~ALL, TdESDAY, AUGUST 21, 1973. M~. Wallace moved to direct the City Manager to come forth with a recommendation of policy that will be adhered to in future ordinances including M~. DeLong~s request that the City Attorney supply the Council with appropriate guidelines on assessment. M~. DeLong seconded the motion. (Note: There was no vote taken here. ) NO. 73-34 - Adopting 1973-74 Budget ~Wt~s. Padgett said that a gentleman from the audience would like to speak on this subject. ~o Harold Lewis, 2385 S.W. Congress Boulevard~ referred to the suggestion made at the previous regular council meeting to have the actual costs compared against the budget. He stated that if the actual costs weren't available that projections to the end of the current period should be made and compared against the budget. ~yor Jackson asked Mr. F!ynn if he had extra copies of the budget for people to peruse. Mr. Flynn stated that he has extra copies of the projections of ~e millages and how the different pieces of property are benefitted by the lower rate. He noted that Mr. Lewis thought that the budget presentation was lacking because there were no actual cost figures in ~he budget and Mr. Flynn acknowledged this was true. He noted~ however, that the City was still in ~he fiscal period with two months to go and any projection made would be an esti- mate on his part and he had sent such information to the Council today. Ymyor Jackson said she would like extra copies of Mr. Fiynn~s estimate made available for public record. Additional discuslsion ensued between Mr. Lewis and the Council con- cerning Mr. Lewi~~ request for projected figures and he was advised that any information he needed to know was available in the Finance Department and Mr. Flynn would answer any qmestions he had: The discussion contidued between Mr. Lewis and Council coneernmng statement, made by the former City Manager, lowering the millage rate and the budget in general. Mr. Roberts felt ithat Mr. Lewis was speaking without the facts and to correct the m~nutes of last year~ the millage was reduced one point because of ~!00:000 allotted for the fixing up of the old library. The Council objected to putting up any more additions because it was falling down and leaking. A new library was needed and the Council voted for it. Ttie amount of $250~000 was appropriated for a bond issue which is r~t needed at this time. The $100,000 was used to reduce the millage and that's the reason for the reduction. Mr. R6berts added that the budget sessions were open to the public and anyone had an opportunity at that time to voice their feelings. After some disorder, ~wLr. Lewis was asked to leave the microphone so the meeting eou!d continue. 13- MI~dTES OF REGULAR CiTY COUNCIL MEETING OF THE CIIT OF BOYNTON BEACH, FLORIDA, HELD AT CITY FJALL, ~dESDAY, AUUdST 21, 1973. Mr. Roberts moved that O~dinance No. 73-34 be placed on second reading. Mr. Marmening seconded. Mr. Kohl read Ordinance No. 73-34 on second reading by caption only -- An Appropriation Ordinance of the City of Boynton Beach, Florida, Adopting a Budget for the Fiscal Year Beginning October !, 1973 and Ending September 30: 1974. Mr. Wallace moved for the adoption of Ordinance No. 75-34 on second reading, seconded by Mr. DeLong. There was no discussior~ Motion carried 5-0. No. 75-35 - Setting 1973 l;~llage _Rate Mr. Kohl read Ordinance No. 73-35 on second reading by caption only -- An Ordinance of the City of Boynton Beach, Florida, ~ixing the Tax Rate and Levying Taxes for the ~se and Support of the Municipal Government of Said Municipality, etc. Mr. Harmening moved for the adoption of Ordinance No. 73-55 on second reading. Mr. DeLonq seconded. There was no discussion. Motion carried 5-0. No. 73-36- Establishing Interim Services and Facltmties~ ' ' ' Fee Mr. Kohl read Ordinance No. 73-36 by caption only -- An Ordinance of the City of Boynton Beach, Florida, ~ending Chapter 26 of the Codified Ordinances of Said City by Adding an Additional Section and Providing for the Establishment of a Fee to be Known as the Interim Services and Facilities Fee, etc. Mr. DeLong moved for the adoption of Ordinance No. 73-36 on second reading: seconded 57 Mr. Roberts. There was no discussion. Motion carried 5-0. No. 73-37 - Declaration of Intent to Annex ls~ Bancshares of Fla.~ !nc. Mr. Kohl read Ordinance No. 73-37 by caption only on second reading -- An Ordinance of the City of Boynton Beach, Florida, Declaring the Intention of Said City to Extend its Municipal Territorial Limits by the Annexation of a Certain Ilnincorporated T~act of Land, etc. Mr. DeLong moved for the adoption of Ordinance No. 73-37 on second and final reading. Mr. Harmening seconded. There was no discussion. Motion carried 5-0. - 14 - MINUTES OF RE~dL~/~ CI~f COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALLs T~ESDAY~ AUGUST 21, 1975. Ordinances - 1st Reading Proposed Ordinance - Re Clearing Vaeant Lots (On the Table) Proposed Ordinance - Abandonment of Roads & Easements in Seaway Temrac~ Proposed Ol~dinance - Amending Sec. 26-5 of the Code - Pfunieipal Excise Tax M~. Kohl requested that item ~'l~ regarding e!earing of vacant lots remain on the table and that items ~2~' - Abandonment of Roads, etc. and "3,~ - Amending Sec. 26-52 etc. be tabled. Mm. DeLonq moved that the recommendation of the City Manager be followed, leaving item ~1~? on the table and tabling Items '~2,~ and ~3~. Mr. Wallace seconded. Tt~re was no discussion. Motion carried Resolutions Proposed Resolution - Amending Civil Semvice Rules and Regulations ~wlr. Ko~t read Resolution No. 75-VV -- A Resolution of the City of Boynton Beach: Florida: Amending Rules and Regulations of Civil Service, etc. Mr. DeLong stated that he had looked over the rules and regulations and would be happy to move for the adoption of Resolution No. 75-VV. Mr. Roberts seconded. Under discussion, Mr. Harmening asked Mr. Sullivan if he felt it was necessary to make these changes since only one word was involved. Mr. Sullivan said yes, as an entire case could be lost based on one word. It was clarified that if an employee, s work was satisfactory but his ~attitude~ was not, it would be stmong enough to lose a case. After some further discussion, Council voted 5-0 in favor. Proposed Resolution - Re County Taxes tt was clarified that everyone had been given the correct copy and Mr. Kohl read Resolution No. 73-W~ -- I Resolution of the City Council of the City of Boynton Beach: Florida, Expressing Its Desire that the Millage be Reduced to Ease the Resulting Burden on Taxpayers, etc. Mm. Harmening moved to adopt Resolution No. 73-WW, seconded by Mr. DeLong. There was no discussion. Motion carried 5-0. Mayor Jackson asked Mrs. Padgett to see that a copy of this Resolution was mailed to the Sehoo! Board and the County Commissioners. Other None. - 15 MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA~ MELD AT CITY HALL, TdESDAY, AUGUST 2!~ 1975. OLD BUSINESS East - West Roads - Vice Mayor DeLong Mr. DeLong referred to a memo by the City Engineer concerning action taken in this instance wherein it is recommended by the City Engineer that the City request that Palm Beach County take over the maintenance and provide the improvements needed to North 22nd Avenue and also South 23rd Avenue. It was Felt that this was especially important since 1-95 and the developments to the west will add to the t-~affic. Mr. DeLong moved that the City Manager be instructed to follow t~hmough with the recommendations of the City Engineer in this report. After Some discussion, Mm. Hammening seconded the motion. Motion carried 5-0. City Manager, s Report on Department Re-organization - Vice Mayor DeLonq Mr. DeLong refe~med to his motion at the p~evious Council meeting regarding making the City Manager*s Status Report a matte~ of public recomd. He noted that in ~egard to the me-organization of the Department of Public Works and Utilities, he omitted stating that there will be a savings to the taxpayer in excess of $25,000.00 pe~ year in salaries and he wished this to be a matter of public record. Pending Revenue Certificate Issue for Watem and Sewem Dept. - Vice 5~yor DeLong 9~. DeLong stated that the~e was enough ~oom at the present location of the Public Womks and Utilities Department on 15th Avenue and what is desperately needed is storage space now that the Department has been sepamated -- such as quarters fo~ the meter meaders and qua~te~s for Johnny Johnson and his crew and the Water and Sewer D~pa~tment. Mr. DeLong said this shouldn, t come out of the capital impmovements budget but should be ineluded in the expenses or costs in the Watem and Sewer system. b~. DeLong moved to tumn this ovem to the City Manager: using the City's own Enginee~ and Building Department instead of outside architects to get a cost estimate for warehouse storage~ a meter mepair shop and quarters for supervisors of the Water and Sewem Department, s crew in the 15th~Avenue building~ so that it could be included in the next mevenue certificate issue. Mr. Wallace seconded. After some brief discussion, motion camried 5-0. Appoint Assistant Prosecutor (On the Table) It was agreed to leave this item on the table. Recommendations on v~ater and Sewer Expansion - John Klinck (On the Table) Mr. Hammening moved to take this item off the table~ seconded by DeLong. Carried 5-0. - 16 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, ~UESDAY, AUGUST 21, 1975. Mr. Klinck ~eferred to the water and sewer program recommendations which are the Subject matter of the two concurrent z~po~ts that Russell ~ Axon is preparing and seheduledto be discussed with City fiscal agents at a meeting of Thursday, AUgust 23, 1973 at 2:00 P.M. at City Hall~.-~- PL~. Klinck requested that this item be tabled until after some conclusions are reached regarding financing. Roberts moved to keep this item on the table, seconded by M~. Harmening. Motion carried 5-0. Discuss P~oposed Truck Route (On the Table) It was decided to leave this item on the table~ OTHER Discuss Palmland ~yor Jackson asked the Council to jump down to Item ~X~' under OTHER, since Mr. Klinck was standing. l~r. Ktinck stated that this Palm/and discussion refers to a series of recent correspondence which started with the agreement that the City Council made with the Pa/mland Development Corporation. In it there was a condition that the engineering consultants of Palmtand and of the City would work out certain technical terms in the form of an agreement regarding water and sewer service to Charter World before a deadline, which was done. Mr. Klinck said since that time, Palmland~s principals have taken exception to that agreement, although their own engineers were a party to i~ and they have written, a couple of letters to the City, making counter proposals. Mr. Klinck stated that Russell & Axon has made certain engineering recommendations to the City in regard to this project. ~fnether or not the City adopts these recommendations or whether or not they're in conflict with certain legal ramifications of the prior agreement, ~. K!inck fo!t that the City attorney should be involved. Mr. Klinck then made reference to the latest letter from Palm/and, written to the City inferrinD that Mr. lClinak ignored the City's agreement with Palmland. At this point, Fir. DeLongasked for clarification as to whether the letter Mr. Klinck referred to was one dated August 3, 1973. Mr. Klinck said no, i~ was a letter jointly signed by Mr. Curtis D. Young, Palmland's consulting engineer and himself as the City's consulting engineer. The essence of the agree- merit was that it was agreed it would be impractical for the City to provide sewer service to Charter World under ~he present circumstances and it should be permitted for them to install an on site interim sewer treatment plant in accordance with state and federal regulations on such installation. This concept was approved by the County, - 17 MINTdTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOY~YfON BEACH~ FLORIDA, HELD AT CITY HALLs ~dESDAY~ AU~ST 21, 1975. After some further discussion, Mr. Klinck stated that the point of difference presented itself in the determination of how water supply is to be provided to Charter World. M~. Klinck elaborated further on the details of this difference and recommended that the City collect from Charter World an advar~e payment for the construction of the necessary water main or any portion that the City couldntt finance. Charter World,s share of the water main is about 2/3 or 3/4 of its total capacity. The amount above C~harter Worldts need would eventually be recaptured through other connections to it and in the meantime~ the money they put up for their own use would eventually be absorbed by connection charges. Palmland~ s Mr. Wardlaw refuted such an arrangement and proposed that Charter World be allowed to engineer and ~uild ~he water transmission main in the City f~om the plant out to their site. Mr. Klinck then commented about cost estimates, stating that the cost is going to be what it takes to actually build the water main. ]Clinck said tb~t Pa/re!and doesnt t want to give the City money for this project but it is the policy in South Florida when a developer takes part in a City' s water or sewer expansion program, the City takes care of its own works with developer contributions. Mr. Klinck then said that the latest letter from Pa/mland~s attorney compares the situation to that of Drexel and Mr. Klinck felt that the two situations were not comparable. He said he would like Palmland's people to speak for themselves. After a few comments by the Council, clarifying Mr. Klinckts r~marks, Palmland~s attorney came up to speak. Mr. Dave Centola, on behalf of Palmland, stated that Russell $ Axon did not follow the guidelines set up between Pa/mland and the City Council. It was stipulated that the technical representatives will ar~ive at a solution providing the necessary potable water to Charter World in the same quantities at or about the same time and expenditure as Palmland would have experienced had it designed and constructed a facility in stages to service Charter World. The consultants suggested that Palmland put up approximately $800~000 towards con- st~uction of a water transmission line with a minimum of $650,000. ~ne objection was that Pa/mland would be advancing the fiends for a transmission line that would be servicing the western portion of the City and utilized by other developments. Mr. Centola further stated that Palmland is not against paying the cost, but their recommendation is that they want to construct the line itself so they will have water ~nen they need it, otherwise they would have r~ control over any part of this project. Mr. Cento!a gave further details about Palrnland's counter proposal~ stating that the basic concept of the agreement was the same. If a settlement could not be reached~ it would be turned oveD to the Circuit Court for 18 - MINHTES OF REGULAR CITY COUNCIL MEET/~NG OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, THESDAY, AUGUST 21, 1973. final judgment. M~. Centola then noted that the City would be getting more in tax money from Pa/roland than from D~exe! since Palmland is within the City limits. M~. DeLong asked for clarification in that the difference pertained to whether the overall cost of the project would be greater if Palmland or the City constr~cted the water main line. Further dis- cussion ensued during which it was stated that this matter should not be acted upon without the advice of the City Attorney. ~. DeLong moved that the City Manager set up a meeting between the City Attorney, the City's consulting en~ineems~ Mr. Cento!a and his client~ Palmland, and their consulting engineers. Mr. Wallace secondedi During discussion, Mr. Centota asked for expediency and Mr. Wallace requested setting up the meeting as soon as M~. Simon returned from vaeation~ adding that it should be within a 2-week period, There was then a discussion about whether or not the Council should be present at the meeting to act as arbitrators or whether the meeting should involve only those with technical knowledge (the attorneys and engineers) who would then bring their recommendations to the City Council. It was left that the City Attorney would decide whether or not it would be necessary for the Council to be present. ~[otion carried 5-0. NEW BUSINESS Consider Request of Foresight, Inc. for App~ova! of Seawall and Docks Mr. Kohl referred to the recommendations received in regard to this matter. He stated that if Council approves this request: the Building Official would he directed to approve a construction permit immediately when approved by all of the other regulatory agencies. Mr. Roberts moved to follow the recommendation of the City Manager, seconded by Mr. Harmening. The~e was no discussion. Motion carried 5-0. ADMINISTRATIVE Consider Request of Animal Rescue League Mr. Kohl referred to a letter he received from the Animal Rescue League dated August 6~ 197~ requesting an appmopriation of $2,000. it was noted that the budget had already been drawn up. Mr. Ftynn stated that this item had always been heretofore included in the Police Depamtment~s budget under account No. 298~ Other Contractual. Mr. Plynn said that this amount had been submitted during the budget sessions and gl, O00 was cut out since there was no detail submitted with the request. Mr. Flynn stated that he dis- cussed the matter with the Police Chief~ who asked that the money for - 19 - MI~dTES OF RECJdLAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORZDA~ HELD AT CITY HALL, TGESDAY, AUGUST 212 1975. the Animal Rescue League be taken out of the Contingency Pund. Mr. Flynn recommended to the Council that this item not be handled by the Police Department in the future. After further discussion, ME. DeLong moved to ~ant the re~aest of the Animal Rescue League in the amount of $1, 000.00, with the Finance Director determin.ing the appropriate account from which to take the money. Mr. Harmening seconded. Motion carried 5-0. Consider Appointment of CPA Firm Mr. Kohl outlined the reasons and recommendations of the Finance Director to change over to the CPA firm of Touch~ Ross in his letter for the Agenda of August 21, 1975 which he read aloud. Mr. Kohl agreed with Mr. Flyr~n's recommendations. Mr. Wallace moved that Touch~ Ross be appointed as the CPA firm for the City~ ~. DeLong seconded. There was no discussion. Motion carried 5-0. Approval of Bills ~. Kohl asked Council for approval of payment for the following halls. Northern G~avel Co. Pay from 6120-518 $10,755.60 P~ich Motors, Inc. Pay from 2400-270 1,620.19 Alsay Drilling, Inc. Pay from 6150-581 5,575~70 TOTAL $17,749.49 Mr. Wallace moved to pay the bills, seconded by Mr. Harmeningo lknder discussion, Mr. Roberts stated that he noticed A!say Drilling doing some work and asked how this project was progressing. After a comment from Mr. Klinck, Mr. Kohl noted that 10% of the total amount was still bein~ held back. ~otion carried 5-0~ Mr. Kohl asked for approval to give the plans for the new Library to the Building Official for his perusal and okay. M~. DeLong asked for the City Manager to discuss with the architect the possibility of having a width of a wheelchair ramp at the entrance. Council advised that it %~as a state law but Mr. DeLong said he didn't notice it on the plans and wanted to be sure it was included. - 20 - MiNIiTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CIT~ Hf~LL, TdESDAY~ Atl~dST 21, 1973. Mr. DeLong then moved that the Cit~y Manager proceed with the final plans and specifications as soon as they are in order and then go out for public bid. Mr. Wallace seconded the motion and asked that it be added to the motion that the City Manager be instructed to write a letter to the party that offered the City the old bank building to house the Library, Stating that the City is not interested at this time, as far as public relations are concerned. Motion carried 5-0. Mr. Kohl then referred to an application for a permit to solicit in the City from the Boynton Beach Volunteer Fire Department to collect on behalf of Muscular Dystropy. He recommended approval. Mr. DeLong moved to follow the recommendation of the City Manager and that the request be granted, seconded by Mr. Wallace. There was no discussion. Motion carried 5-0. Mr. Kohl then brought up the subject of uniforms for the Public Works Department, Sanitation, etc. The original recommendation was for rental, however, after ~urther investigation, it was learned that uniforms could be purchased less expensively and with less trouble than if they were rented, letting the employees clean their own uniforms which would be replaced when worn out. Mr. Kohl recommended this policy. Mr. DeLong moved to follow the recommendation of the City Manager, seconded by Mr. Harmening. Motion carried 5-0. Mayor Jackson asked when the next Recreation Board meeting would be held as she wanted to recommend the appointment of Mr. Tom Marvin, 1610 N.W. 1st Avenue, Telephone: 737-3958, to the Board since there was an opening. Mr. Wallace moved to follow the Mayor, s recommendation, seconded by Mr. DeLong. There was no discussion. Motion carried 5-0. Mr. DeLong asked that it be announced there would be an important meeting on Thursday, August 23, 1973, at 2:00 P~M. with the fiscal agents and it would be advisable if everyone could be there. ADJOUt~NMENT Mr. Wallace moved to adjourn the meeting, seconded by Mr. Roberts. Motion carried 5-0. Meeting adjourned at 10:15 P.M. 21- MIk~iTE8 OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA: HELD AT CITY HALL, THESDAY~ AUGWdST 21, 1975. CITY OF BOYNTON BEACH, FLORIDA ATTEST: ~Long: ViCe M om David Roberts, Councilman . rmening, Councilm~ FoX.est L. Wa~aee; Counci~an City Clerk - 22 -