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Minutes 06-19-73~ivKNUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH FLORIDA, HELD AT CITY HALL, TUESDAY, JUNE 19, 1973. PP, ESENT Emily M. Jackson, Mayor Joe DeLong, Vice Mayor David Roberts, Councilman Edward F. Harmening, Councilman Fortes+. L. Wallace, Councilman -, Mayor Jackson called the meeting to order et 7:35 P.M. She welcomed the audience and asked them fo rise for the invocation ~iven by the Fire Chief, Gene Wright, followed by Cae Flag Salute led by City Engineer, Tom Clark. Frank Ko?d, City Manager Ernest O. Simon, City Attorney Callie Clan~on, Depu/y City Clerk Mayor Jackson announced that Cae Jr. Women's Club has chosen their Good Will Ambassador for this Fear and she introduced the newly crowned Miss Boynton Beac:~. for 1973, Miss Nikki Haglund. Miss Haglund made a brief speech followed by a fe%v words from one of the members of the Jr. Women's Club. Mayor Jackson then read a Proclamation to Honor America on Wednesday, July 4, 1973. Mayor Jackson then asked Mr. Kohl fo read the letter he received from Congressma~ Rogers and he did so. The letter was in regard to the City Manager's request for information on Federal funds for acquisition of beach and recreation property a~d Mr. Rogers wrote that he has contacted the Department of the Interior on f/tis behalf, adding that he would be in contact with Cae City Manager upon receipt of. a reply, ivir. Kohl explained that the property referred to was Old Tropical Gardens or Garden of Allah on U .S. 1. Mayor Jackson next announced that Monday, July 2nd, Thursday, July 5f/~, Monday JUly 9th, Wednesday, July llth, and Monday, July 16th, all Council members will be workil/g in Cae Council Chambers with the Department Heads on [he budget. Then Caere will be a Public Hearing on July 30Ca, at which /ime all citizens are invited to come. If it is not finished on July 30Ca, it will be extended over un/il JUly 31st. Both meetings veil] begin at 7:30 P .M. MLNUTES Regular Meetin~-June 5, 1973 lviayor Jackson asked if there were any corrections or omissions to the Minutes of'June 5, 1973 and Mr. DeLong said he had quite a few. On page ~5, in the last paragraph, line 8, the word, '~unnuxnbered" wh/ch appears a second time just before the words, "R1AA zoning classi~cation ..." shoUld be stricken. -1- ~£iINUTES OF REGULAR CITY COUNCIL ~ILEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HEY. iD AT CITY HALL, TUESDAY, JUNE 19, 1973, On page 29, in the first large paragraph from the top, 5 lines from the bottom where it reads," ... no plot and/or plot plan ..." -- it should read" ... no plot and/or plat plan ..." On page 34, the third paragraph from the top states, "l/ir. DeLong said we get them and ~tr. Mitchell said yes ..," -- it should read 'q~r. Roberts ... "as ~.~r. DeLong did not participate in this discussion at this point, if memory served him correctly. On page 39, the next to the last paragraph should be clarified to read, "Mr. DeLong said to Mr. Simon that ,his point was well taken about the time this parficular item appeared on the agenda -- he felt that ~M~r. Wallace wanted to reconsider, and in view of the fact that he (Mr. DeLong) understands a little bit about Roberts Rules of Order also, and he knew Mr. Wallace, not being on the prevailing sicle, that he himself could not move for reconsider- ation if this was his desire, so this is why he (-~r, DeLong) made the move for rec c~sideration." On page 44, second paragraph from the top, 4 lines from the bottom -- this sentence should read, "Now if it is only going to be of informal nature, you can go before your Grievance Board ... etc." Wa]lace moved that the ~gdnutes of June 5, 1973 bea adopted as corrected. Roberts seconded the motion. Carried 5-0. Reconvened ~,/leeting - June 6, 1973 Mr. DeLong said on page 3, second paragraph from ~he bott~xn, on line 10, the word "quire" should be "quite." On page 8, the first sentence in the second paragraph should read, "!vir. DeLong said that he would like to add that the City Manager can ~lso avail himself of the services of the Chamber of Commerce Committee they have a-nd the local Chairman of said committee." Mr. Roberts moved for the adoption of the Minutes of the balance of the meeting of June 5, 1973 which was held on June 6, 197~, with the c(x~rections. ~.~r. DeLong seconded li%e motion. Carried 3-0. l'~. Wallace and 5~r. Harmening abstained due to their absence from the reconvened meeting. S~eciai Meeting - June 11, 1973 }~Ir. Wallaco moved to adopt the Minutes of the Special Meeting of June 11, 1973 if .there were no corrections or deletions. Mr. Ha~mening seconded and lh~ motion e,a.rried 4-0. I~r. Roberts abstained due to his absence from the ~e eting. 'MINUTES OF P. EGLW~AR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, JUNE 19, 1975. PUBLIC AUDIENCE Mayor Jackson asked if anyone wanted to speak on any item that was on the Agenda, would they please give their name and the item number te Mrs. Clanton. Mayor Jackson announced that she had a //me dock and anyone wishing to speak would be allowed three minutes. When the buzzer sounded the sentence was to be /inished and if there was any more to be said, each individual could came back at the end o! the meeting and complete his statement. She said each person ~,ill speak only once so as to give as many pecrple in the audience an opportunity to speak. R. B. Vastine, United Boynton Civic League, spoke of a recent newspaper article about the elimination cf a bridge on Route A-IA. The Town Commission of Ocean Ridge sent a resolution to the Governor, requesting that the bridge be eliminated and at a subsequent meeting in the City last Friday morning at which one cf the members o£ the Chamber of Commerce and a resident cf Ocean Pidge made an impassioned plea for the zeason behind closing it. Mr. Vastine said he thinks it ~s very necessary for this matter to be presented in public because the League has unanimously gone on resolution fdr the Board of Directors opposing the action of Ocean Ridge and he died several reasons -- it would be applicable to the life, limb and property wtaen emergency service [police, fire and ~nbutance) is required from Boyntin Beach; if would pose a problem of terrestial reach for mutual ~id services in a ~me cf natural disaster in this area. The only aceess routes to Ocean Ridge a~e East Ocean Avenue and the 15th Avenue Bridge from Boyntcn over 12~e intracoastal. These bridges will not open to vehicular traffic during emer- gency or natural disaster. Ocean Ridge~ fac/nE on the Atlantic, would be completely isolated except for a drcuitous route down to De/ray Beach. He s~d it woutd also destroy the scenic drive along the Ocean for Palm Beach County resident. Mr. Vastine appealed to the public and the Council to note this matter and asked that the Council in due pro c~ss take action opposing tl~.e Resolution of the Town Comrnisslon of the motiol% which was sent to the Governor because that bridge should be open. He also said that the United Boynton Civic League agrees with Oce~m Ridge that A-lA shouldn't be 4 lanes. BIDS Paving RoadwaMp in Boynten Beach Memorial Park, Add'n #I M~. Kohl stated that the Coundl had/their books md recommended awar,t/pg flie bid for this project to Hard,ives in the amount of $16,579.40. This was the low bid between Hardz/ves and l~ubin Construction. fo YOr Jackson asked that Mr. Kohl read Rubin Construction's bid for the record re making a motion. Mr. Kohl read their bid in the amount of $19,514.23. M~r. DeLong moved to accept the recorn~.endation of the City Manager and Mr. H/~rmen~ng seccnded the motion. Mayor Jackson said this will come cut of the ,ME,lUTES OF REGULAR Cl'r~ COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLOPJDA, HELD AT CITY _HALL, TUESDAY, JUNE 19, 1973. Cometary Fund. There was no discussion. Motion carried 5-0, PUBLIC HEARING None. LEGAL Ora~*~ances - 2nd Readin$ Ord. 73-21 - Approval of E. Half of Block 34, Boynton Ridge Mr. Simon read Ordinance 73-21 on second reading by caption only.~,iv.M Roberts moved for the adoption of Ck~dinan ce 73-21 on second reading. M~v. Harmening seconded the melton. There was no discussion. Motion carried 5-0, Ord. 73-22 - Approval of Plat of Lake Eden S/D, Plat 94 Mr. Simon read Ordinance 73-22 on second reading by caption only, Harmening moved for adoption of Ordinance 73-2 on second reading. seconded t~e motion ~md there was no discussion. Motion carried 5-0. DeLong Ordnances - let Reading Proposed - Levying Assessment re Paving a Portion of S .E. 26th Avenue (On the Table) Mayor Jackson asked Mrs. Clanton to be sure to let her know before it comes up if anyone wants to speak on any of the items on the Agenda. Mr. DeLong moved to take the question from the table and Mr. Harmening seconded, The motion cazried 5-0. Mayor Jackson asked if, someone wanted to speak on this an d Dr. Gerald Stdnner, 722 S.W. 27th Ave. ~ Boynton Beach came up and thanked Mr. Kohl for his consideration in answering his letter requesting to keep this item on the table at the last meetinE. Dr. Skinner said he didn't have anything to add to what he said about a month ago, but he just wanted to have the right to stand and ask what Councilts decision was. Since it had been tabled so that the City could review the drainage problem that the streets created and the fact that the paving of the rc~d did no good in the f/rst place mhd probably should have been done when the development, Peninsular Hemes, got the plat approved in the back -- it should have been paved by them. He repeated that his only reason for standing was to t~arn the Council's decision before they voted on ii. Mayor Jackson asked Dr. Skinner if he received a ~opy of the letter frcm the City Engineer, Tom Clark, to which he replied, no. -4- M1NUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY~ OF BOYNTON ,BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, Jb-bIE 19, 1973. Mayor Jackson asked Mr. Kohl to read the letter, which he did. In the letter Mr. Clark stated his observations, ~ncluding t.hat he would visit the area during the n~xt heavy rainfall and observe conditiOns when flow crosses SeaCrest. Mayor Jackson made reference to a sketdi attached to the letter showing the grades of the roads, Dr. Skinner's home~ etc., and Blt. Roberts asked if Mr. Clark could give a statement regarding the last part of the letter. He asked Mr. Clark if there has been any change in his opinion since his last visit to the azea. ~vir. Clark said the area was visited the day before but it was not one of the worst ns. He the there ,vas no flow across Sea,est. though there was flow in the q~/Wy~--along the west side of the street. He said he didn't observe any s~gnificant flow on the east side of the street and he did not observe any damage to the property. Mr. Clark didn't think that the construction or the extension of 26th Avenue was significant as far as damage to t.he property. He added that was just his opinion and that the existing grade was extended to meet Seacrest and the construction cf the roadway interrupts some of the flow south of 26th that would ordinarily contribute to the probl, em. He said he felt the s~etoh with the elevations is eviden ce of what exists, although he has been tqtd (and he was sure it does) that water does flow across Seacrest, run dewn ~s driveway md stand in the carport. He said luckily~ the foot of this building i~ one foot or 18 inches aboVe the level of the carport andthe back of the lot d~es have some small pitch toward the north so it's not likely that there is g+ing to be any signific~mt damage fzom water if that's what the c~nplaint was about. D:r. Skinner said that is not what the ccmplaint is about -- or that is not really cgmplaint. That is just a side part to the fa~ that the street was paved at his e>qpense, seemingly to get no advantage. Dr. Skinner said this was in q~es~ton before the road was paved and he looked ahead and saw that there wgs going to be an additional problem from this. He said the CitY Engineer was out to his home and they discussed this a{ great length, and at the tim it! was pointed out with some surveying instrument that from Seacrest back dOWn to the grade of 26th Avenue had a natural flc~r~, in other words f~om ~e hospital back down to the railroad tzacks. This was supposed to be the directton of the water flow -- back toward the trades. He was sure there would b~ a flow of Water in that directiOn. Dr. Skinner said the only high dry place i~ the area during a rainstorm was the crown of the new piece of 26th Avenue -- it!does not flo~v water from Seacrest down. The water from the hospital and tb~e apartments above comes down Seacrest Avenue, passes right past it because 2~th Avenue is not a natural drainage back toward the railroad tracks, but i~ fact stan ds as a bazrier unless you had a total flood an d then it would fall o~)er the rise. It is a ~cown in the road and not a natural drain back down a~ was described that it would be before the paving of the road. It is not ini fact level with the rest of ~Z6t~h. It may settle that way in time. After describin~ t-h~ problem a little further, Dr. Skinner said he didn't think it was really a lquesti0n of damage to the propertY from the water -- it was a fact and only ~MINUTES OF ~GULAR CITY COUNCIL MEETllqG OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, JUNE 19, 1973. time will tell whether or not it will be damaging. He added that it's not a matter of someth/ng that has happened and he is not saying the water has damaged it, but he's po/nfing out that he is being assessed for something he has ne/ther asked for, gained by, nor wanted in the first place, He questioned the /act that Peninsular Homes could have this done and end it in the culdesac and not have brought it on out as it should have been done in the first place. He said that they were the ones who bene/itted by the read being completed back there and no one else and that was his only point. Mr. DeLong said he made several visits to that particular situation and it appears to him (and he has never k~.~ of any city, county or state building a road with a grade to a level o£ the /~/~6£ anybody's house) from just eyeballing the situation that even with Seacrest to the east of this particular home, as if the How level is still below the crown of that road. Mr. DeLong said in his opinion, inasmuch as he sympathizes with Dr. Skinner, it appears to him that the error was made in not taking the elevation from the crown o£ the road for that floor level and from what he could gather from background information, the prior owner knew of this condition and this was one of the reasons why he unloaded'. He added, then we go back to the old real estate adage, buyer beware. Mayor Jackson asked ii there was any ~urther discussion and then asked Mr. Simon to read the ordinance. Mr. Simon read on fLrst reading, Ordln nce 73-23 -- An Ordinance o£ the City of Boynton Beach, Levying Special Assessments Against Property Benefitted by a Certa/n Street Improvement Project Within the Said City ... etc. iv/r. DeLong moved to adopt Ordinance 73-23 on first reading and Mr. Roberts seconded the motion. Under discussion, ~/ayor Jackson said that when this first came up and there was to be a vote between that and the culdesac, she voted for the culdesac. However, now that the street is in, it is a little different story. There was no other discussion, i~otion carried 5-0. Proposed - A~aending Ord. 73-15 re Federal l~evenue Sharing Mayor Jackson asked what the number of this ordinance would be and Mr. Simon answered 73-24. Mayor Jackson then asked Mr. Vasfine if he would like to speak on this and he replied no. ~{r. Simon read on first reading Ordinance 73-24 of the City of Boynton Beach, Florida, Providing for the Clarification of Ordinance No. 73-15; Providing for Author/fy to Codify,. Savings Clause ... etc. M~. DeLong moved for the adopt/on of Ordinance 73-24 amending Ordinance 73-15 on first reading and Mr. Wallace seconded. Motion carried 5-0. Mayor Jackson asked Mr. Simon if he drew up the ordinance on the turning lanes -6- MINUTES OF REGULAR CITY COUNCIL tviEETING OF ~ CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, JUNE 19, 1973. and the median strips for ingress and egress before a plat could be approved as requested at the last meeting, Mr. Simon said no, he was working on it. Resolutions Abandonment of the Right of Way - DiPace a~-~d Besecker (On the Table) Mr. WaLlace moved to remove f~his item from the table. IV/r. DeLong seconded the motion. Carried 5-0, Mayor Jackson asked Mrs. Barrett to come forward. Ann Barrett, 209 N. U.S. 1, Boynton Beach, said she was opposed to the abandonment of the street between 5th amd 6th Avenues -- Roberts Sub-Division. She said this street was put there ~r a purpose and she felt it should remain so, especially because the road has beer. widened. She felt that for the protection and benefit of the people in the city, such as fire protection, etc., the street should not be abandoned. Mr. DeLong asked Mr. Simon a question through the Chair. He first stated that ~,~re was a ruling /rom Judge Knott dated August 10, 1965 and then asked if this al decree pertained to the same case. He asked for e~l~ghtenment as to what this decree is all about and does it have reference to this specific dedicated city street. Mr. Simon said this final decree was entered in 1965 in which it appears that the same property was abandoned by the City of Boynton Beach. Thereafter, suit was brought in CirCuit Court and Judge Knott, according to his final decree, hel~ that no direct benefit to the public resulted. The only public purpose or convenience resulting from the abandonment of the street would be indirect and remote. The finding therefore by Judge Knott was that it did not serve the public purpose and was set aside. Mr. DeLong asked if the s/reef did not serve the public purpose, then the City would not need to abandon it, or is it the other way around. Mr. Simon answered that Judge Knott ruled that in his judgment, the abandonment o£ this particular roadway did not serve the public purpose and therefore it should not be abandoned. Mr; DeLong said that was his impression and the fact occurs to him now that if the Council was to take any action insofar as abandoning the rights of way of a dedi- cated street -- then are we subject to being held in contempt of court? How long a lime is this particular decree binding upon the City of Boynton Beach? Mr. Simon answered, for as long as circumstances remain unchanged. As circum- stances change, as there is perhaps a factual situation, we would go up under the - 7- MINUTES OF R~EGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT C~fY HALL, TUESDAY, JL%IE 19, 1973. scrutiny of t~his very doctrine, that is, does it result in direct benefit to the public or is it a matter of convenience for certain individuals. That is a matter of a factual finding that falls upon the shoulders and burden of this Council. At this point alone, if nothing is changed, the City Council should work at it from that standpoint. Mr, DeLong said in other words, his impression was that if the Council goes ahead with the abandonment, the Council would find itself again in Co,.trt. Simon said that is not what he meant to say. i,.ir. DeLong clarified that HE said it, not Mr. Simon. The people who are con- cerned have something to back them up because a previous decree had been granted and he had been under the impression that this would have some bearing Mr. Simon said he thinks it certainly points out the need for the City Council to look closely into the factual situation and determine in i~s own judgment whether or not the public is being served by the request, [vIr. DeLong thanked Mr. Simon for answering his question. Mayor Jackson asked Mrs. Ba.rrett if she wanted to say something more and Mrs. Barrett said she had a copy of that (decree) and she thought the attorney might have it too. She said that she ~rusted that the Council would see fit to keep the road open as it is very important. Mr. DiPace, 3415 S. Lake Drive, Boynton Beach, came up and said on discusmon of the abandonment, this had been brought up on the Council previously and they have been working on tl~is for the last eight weeks. He said it was brought to the Council's attention that there is no road at present be~veen the two adjacent properties and the only road, if you want lo call it that, is a parking field in front of Mr. Besecker's which is the Goodyear dealership and the right of way which lies bet~veen them ~s not being used by the public at alt. It is just ~n ~andoned road. He said there are presently buildings on the west side of U .S. 1 and they now have this ~bandonment between Mrs Barrett's property and himself. About three or four months ago he asked Mrs. Barrett whether or not she wanted to abandon this easement and she answered at that time that i~ was not necessary for her ~o have this abandonment because she had sufficient property on the front and side of her plot. Mr. DiPace smd he asked if she would mind if he went ahead and abandoned it and she said she really didn't care. He said this was a shock to him that she has brought this up at this thne and at s~ll other times when they had meetings, it was brought up that she was against it. Mr. DiPace said it is to her benefit more than anyone else because she would gain 10 feet in the rear of her garden, whereas ~he easement should be split however the Council sees fit. He believes this is a legal action of the county to handle. -8- 'MI~ES OF REGULAR CITY COUNCLL L{EETING OF THE CITY OF BOYNTON BEACH, FLORiDA, HELD AT CITY HALL, TUESDAY, JUNE 1% 1973. Mr. De. Long asked for clarification as to who owned the Goodyear building and Mr. DiPace said that Mr. Besecker did. Mr. DeLong asked if I~ir, Besecker was present in the interest of having this aban- doned and Mr. DiPace said yes. Mr. DeLong said he made ap, on the spot survey up there and he was going to convey the information to the other Council members. It appeared to him that in the first instance that building was not put up there the way it should have been put up because no setback line was regarded. Mr. DiPace asked for clarification and }.ir, Besecker asked if he could come up to the microphone. ~%~r. DeLong asked if he might continue and said he could find no record of any variance plan on that particular building and fzom the way he sees it, it's more or less on the property line. He said he didn't know of what use that particular dedicated right of way would be to the City because he also noted somebody on the east side of the Goodyear building and the new buildings that have been con- structed have a shanty in about the middle of that 20 foot right of way. He asked if he was right. Mr. DiPace said yes. Mr. DeLong said he has no objection to abandoning a small stub of an alley, but now when we are talkthg about 20 feet width by approximately 300 feet long, he didn't see why this City should be the Santa Claus and contribute this parcel of land which consists of approximately 6,000 square feet to anybody. His advice to the Coundt would be that if they are of the decision To abandon it, then it should be put up for public auction and let the City get some return from it. ivir. DkOace said he would agree 100% but wanted to know why this wasn't brought up previously in the other meetings. Mr. DeLong said because he didn't have the time to go around and study it. Mr. DiPace said that was eight weeks ago. L-~r. DeLong said that is why he doesn't like to do things on the sp,&r of the momen He has had the time and now that it has been delayed, this would be the time to divulge the results of auy study he has made. Mr. DiPace asked Mr. DeLong if he felt this would be no public nuisance betweer~ the right of way of N .E. 5th Avenue and N.E. 6th Avenue and Mr. DeLong answere that he didn't say that, but if the Council was of the opinion to abandon that land, he didn't see why 6,000 square feet should be given away. There was some further discussion between Mr. DeLong and Mr, DiPace about this point. -9- 'MINUTES OF REGULAR CITY COUNCIL MEETEqG OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY PL&LL, TUESDAY, JUNE 19, 1973. Mr. Besecker came up amd said tl~is was discussed at lhe Council approximately eight weeks ago a~dhe understood ii was sq~]ared away. He said he was shaken up tonight by the statement that his building was illegal. He said if the Council checks back in the records, it would show that the Board of Adjustments gave him ~ermission to build on the line of this City right of way and that this City right of way or alleyway is 20 feet wide and in front of ii is 45 feet, of which according to the Cily Zoning Code, is useless. With a 10 foot setback front and rear, ibis gives you 25 feet to build on and he asked what can you build on 25 feet. He added thai Mr. DeLong says this property should be put up for sale and he would not pay $1 ~ for it. He owns the land in front of it, the land behind ii, there is an easement down the center for a Ciiy sewer which they gave the City. He wanted to know who would buy this useless 20 feet of land for $1.00. He then said if the City didm't want the abandonment, that was okay with him, but they sl~ould take care of the street. He said he paid to have the road paved in £zon~ of his store with a different type of asphalt from the rest of his paving, followed by several other comments on the subject. M_r. DeLong asked if Mr. Besecker owned the land on both sides of this area and Mr. Besecker answered yes. ~ar. DeLong said in other words, if it is abandoned, you would gain the entire piece. Mr. Besecker said that's right and he note~d agai~ that there was a City ~eveer right down the middle of ii. There was some f~rther discussion between Mr. DeLong and Mr. Besecker about the reasons for abandonment and Mr. DeLong said it was not up to him to make a decision -- he was just stating his opinion. Mr. Besecker said he xvas ready for questions from anyone else on the Council, Mrs. Barrett or the audience and Mayor Jackson then asked Mr. Simon to mad the Resolution. Mr. Simon read Resolution No. 73-Ii, a Resolution of the City of Boynton Beach, Florida, Vacating, and Abandoning a Dedicated 20 Foot Right of Way but Retaining the Utility easement thereto ... etc. Mr. Wallace said for a point of discussion, he moved for /he adoption of Resolution 75-II. ~M_r. Roberts seconded the motion and Mayor Jackson asked if there was anT- discussion. Mr. Wallace said he would like to go back and clarify two or three of t~he items t~ha c.~_e up this evening. He said if you will recall in our previous discussion, both with Mr. Clark and Mr. Hopkins that ... (comments lost due to record change- over) . .. ingress or egress was provided within the provisions of this particular lan d an d on that basis, this other court ruling did not come about until this evening which was the first time really when the Council picked up the Agenda that this had been mentioned -- so on that basis, on the recommendations of those MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORDDA, HELD AT CITY HALL, TUESDAY, JUNE 19, 1973. that are involved within the City is the reason that he fi~5_uks that Resolution 73-H should be passed. Mayor Jackson asked for any other discussion and she asked Mr. Wallace if he made his statement in the form of a motion. He pointed out that the motion had been made and seconded and they were presently under discussion. Mr. DeLong said that he would qualify his vote -- if the majority of the Council wished ~o abandon this particular right of way of dedicated street es it would be, he is not opposed to that action, but he was opposed to abandoning it without at least attempting to retrieve some money for the City by putting it up for public auction. Motion carried 5-0. Mayor Jackson asked Mr. DeLong if he wanted to make a motion and he said that if the majority of the Council feels that they want to abandon this without attempt-¢ ing to put it up for public auction, he was not going to flout the will of the majority, he agrees with [hem -- let them go ahead and do it. Mayor Jackson said she voted before against the~, abandonment of the right of way m hopes of getting somethdng paid ... Mr. Roberts asked if this Wb.uld be put on t~he tax roll and Mayor Jackson sa~d yes. Mr. Roberts added we would probably retain some of the money, Mtr. Harmening said i~ the City retains its responsibility in regard to some of thes. these relatively small parcels of land which do not serve any useful purpose, actually, and if they lie adjacent to and abutting on someone else's property and they can put them to a useful purpose, he thinks that the overall best inte~es~ of the City will serve and in certain cases such as land lying fallow and so forth, the courts have so held and at such time a significant piece of property where there would be a request for abandonment, he would agree with Mr. DeLong. But from time to time, quite frequently we are asked to abandon a small piece which he rather agrees with some of the petitioners hare tonight that it is very unlikely that anyone would be willing to pay any money for it. He said he thinks each case has to be exam/ned on its own particular me~i~s and he for another would not be in favor of abandoning anything that had a monetary value. 1,ir. DeLong said in answer to ~,//r. Harmening, he agrees that the City did aban- don Lu the past, but they were alleys and in doing a little background check- up on [his particular land, he found out that it is 20 feet wide and it is a dedi - caied street and it is as large and as wide as most of our streets in the cit~. Mayor Jackson said she thinks this is where the confusion came abo~.~t -- when it first ceme up, it was called an)abandonment of a right of way and the Council assumed that it was an alley (she said she thought this) until it was discovered that it was ~he stree~t in front whick bisects Mr. Besecker's property. - 11 - MXNUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CiTY HALL, TUESDAY, JUNE 19, 1973. ,Mr. Besecker thanked the Council. He said he wanted to mention one moro thing. If the Council would check the Minutes of about six weeks ago, he mentiOned the court docision in 1965 set since 1969 -- every bit of that land has changed. Mr. DeLong pointed out to Mr. Besecker that he got a 5-0 vote and not to worry about it. Mr. Besecker thanked the Council. Amending Civil Service Rules and Regulations Mayor Jackson ~skod if anyone wanted to speak on this and then asked Mr. Simon to read ReSolution 73-K~. Mr. Simon read Resolution No. 73-KK, a Resolution of the City of Boynton Beach, Florida, Amending Rules and Regulations of Civil Service ... etc. Mr. Harmening moved for the adoption of Resolution 73-KK and Mr. Roberts Seconded the motion. Mayor Jackson asked if there was any discussion. Mr. Roberts said he had a question -- he noticed that there were a few coffee-' tions. Mr. DeLong interjected that he checked them out and they were in order. He said jokingly, if we get another 'K' we'll be in t~ouble -- keep away from that thud Motion carried 5-0. Proposed - Abandonment of Portion of Big Bass Waterway Mayor Jackson asked for clarification as to the Resolution number and was advise~ that it was 73-LL. Mr, Simon began reading Resolution 73-LL, a Resolution of the City of Boynt on Beac h, Florida, Vacating and Abandoning a Portion of Big Bass Waterway, Subject to Conditions required by Palm Beach County ... etc. Mr. Harmening moved for the adoption of Resolution 73-LL and Mr. Roberts seconded the motion. Mayor Jackson asked if there was any discussion. Motion carried 5-0. Other Mayor Jackson asked Mr, Simon if there was anything else under "Other" in t_he Legal portion of the Agenda to which he replied no. She then asked if Mr. McLean wanted to speak under nOther". Mr. O. T. McLean, 906 S. Federal Highway, Boynton Beach, came up to the microphone. He said he always noticed when attending Council meetings in the - 12 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, ~LORtDA, HELD AT CITY HALL~ TUESDAY~ JUNE I9, 1973. p~st that when anyone lost a lawsuit that was beneficial to the City, it was publicly announced at City Council. He said he has won a lawsuit that was to the detriment of the City of Boynton Beach and he was going to announce it officially tn public council. He said he had two lawsuits against the City and i/ne Police Depa2ciment for false arrest and he won both of them. His question in this regard -- of ~he four police officers involved, one has resigned and the other three are still on the force. He then mentioned them by name and said most of them are notorious. He said that in all of the lawsuits so far that have been filed against the Police Department that he was aware of that have come to trial have been won. He didn't know of any that had been lost and there are several pending. These men featured in all of them. He asked what men of this character are doing in the Police Department when there are so many better man available. He said it might be well to no~e that in defending the City of Boynton Beach, a firm of attorneys from Fort Lauderdale was em- ployed by the insurance company. Me said this firm of attorneys is known to be outstanding experts in defending suits of false arrest or cases of this type. When they admit defeat, it means there are overwhelming reasons why he won. Mr. ivlcLean said he did win his two lawsuits, he received the drafts and they were cashed. He said Judge Don Kohl was his attorney. At thai point the timer sounded and Mr. McLean said he understood he was not. r~tricted to time. Mr. McLean said the main item he had to bring up was in going lhrough the legal and financia~ records in the Finance Director's office , he could only find $7,000.00 in legal fees expenses as having been filed up to this thne -- from January 1, 1973 to June 19, 197~. He said that even considering thai there was only about $7,000.00 filed, he underslands that it is 200% over the budgeted figures for legal expenses. He said the failure of these legal expenses (which are going to be extraordinary) not being filed is withholding public records from the public. He felt it was the duty of the Council and he has been so advised by attorneys, to 'De responsible for having these bills filed to be available for public scrutiny and public knowledge and they should be kept current at least every 30 days. He felt thai the Council could not prepare a budget %vithout knowing what to anticipate and the citizens of the City should know what they are going to have to pay for legal expenses at this time, and he had a note which said that the failure of the Council to act immediately on this is grounds for impeachment. OLD BUSINESS Consider Changeorders 1 & 2 (On the Table) Mr. Kohl asked to have. this item taken from the table-and stricken from the. Agenda, Mr. DeLong moved to take this item from the table and Mr. Wallace seconded. There was no discussion and the motion carried 5-0. - 13 - MhNUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY FJLLL, TUESDAY, J'o~E 19, i973. Mr. DeLong moved that this item be stricken from the Agenda on the recommenda- tion of the City Manager and Mr. Wallace seconded. There was no discussion and the moron carried 5-0. Discuss Name for Park on U.S. #t (On the Table) It was decided among the Council ~o leave ~his item on the table. Consider Final Approval of Plats Gotfview Harbour, 3rd Addition (On the Table) Mr, Kohl requested that this item be left on the table because he did not have the water plans, drainage and so forth as yet. Tenth Section, Palm Beach Leisureville Mr. Vastine came up and said he would like to reserve comment on this seciion if necessary before the motion is made. Mr. Roberts asked if the Council had a copy of these plans or plats. Mr. Kohl and Mayor Jackson both answered in the affirmative. Mr. Wallace asked if that was the one xn which two or three sections were withheld. The answer was yes and there was further discussion among the Council on this subject. l~ayor Jackson said the Planning and Zoning Board has approved this. Mr. Harmening moved fcr the adoption of the Tenth Section, Palm Beach Leisure~ ville and Mr. DeLong seconded the motion. Mayor Jackson asked if there was any discussion. Mr. Wallace said he wanted to ciar~fy that everything was in order and Mr. Kohl said this was checked out with the Engineer. Mayor Jackson asked Mr. Vastine if he would like to speak before the vote and he thanked her saying he felt Le matter was perfectly clarified. The perimeter road on the south entran~ were given up for increaskng the makes abouz 4.9 acres which is twit not include the proposed department particular time. This is simply acL and houses that have been planned as such. has been definitely established; 10 lots of the fourth recreation area, which the size of the present one, and it does because that's under moratorium at this ,ntinuaticn of the original ]~j5 ordinance Mr. DeL. ong said we have several agenda recommendations for the approval of this ~n our folder under "Old Bus'ness Mayor Jackson repeated the motion and she asked Mr. Simon if there was an ordinance on that. Mr. Simon said yes. He asked the Cotmcil to set the amount and he would read it into the Ordinance. },ir. DeLong asked if there was any - 14 - MINUTES OF REGL~AR CITY COUNCIL ~ ~ ~ ~' M~E~T~IG OF ¢HE CITY OF BOYNTON B~ACn, FLORIDA, ~LD AT CITY HALL, TU=SDAY, JUNE 19, 197B. discussion on this. Mayor Jackson also asked if there was any discussioa~. Mr. DeLong said if we have a recommendation from Mr. Clark, we also have a memorandum hers from the Building Deparunent, Section LB-10 was approved on final by the Planning and Zoning Board in their meeting of June 2, 1975. This clears the way for Council action at this point. Motion carried 5-0. Mr. Simon read Ordinance 7B-25 -- an Ordinance of the City of Boy-nton Beach, Florida, Approving Plan of Tenth Section of Palm Beach Leisureville ... etc. Mr. Harmening ~doved for the adoption of Ordinance 7~-25 on first reading and Mr. Wallace seconded the motion. Mayor Jackson asked if there was any dis- cussion. Mr. Harmenmg said the amount of the bond was in question. The total estimated cost is $1,324,304.30. Mr. De. Long said this action is contingent upon the post- ing of the bond. Mr. Harmening agreed and said it is subject to revision. Mayor Jackson asked if there was any further discussion and she asked Mr. Simon if he had all the information he needed. He replied yes. Motion carried 5-0. Pr__ogress Report on Proposed Zoning Map & Ordinance Mayor Jackson asked Mr. Olds to come up and give his progress report. Robert Olds of the Planning and Zoning Board came up and addressed the Com~cil He said the Board has worked on this consistently and conscientiously since early spring and lately they have devoted half days to it from 8:00 A.M. until noon -- four days and he guessed they were half way through it, possibly. Now they are running into vacation time which messes it alt up again. He said the next meeting is scheduled for July 9th because of vacations so it can be seen that they are fast getting into July, August, probably September, because it will take another couple of months.. Mayor Jackson asked if there was a quorum at the meetings during vacation and iVtr. Olds said it wasn't necessary to have a quorum at workshop meetings. He said that so many viill be gone and Mr. Barrett of the Building Department will be gene for a while, so a meeting cannot be scheduled until July 9th -- a consistent meeting -- because the Board needs all these things. Mayor Jackson asked if there was any chance to have hearings ~n late August and Mr. Olds said hs didn't think so -- he didn't think it would be before the first of September at least. Mayor Jackson asked if they would aim for the - 15 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA~ HELD AT CITY HALL, TUESDAY, JUNE 19, 1973. middle of August and then reach September but Mr. Olds said he didn't think SO. Mr. Barrett came up to bolster what Mr. Olds had to say. He said the Board is making good progress and although they are not half way through the book with the gutting, corrections and changeorders, putting it into working order, he had anticipated somewhere perhaps in the middle of September for submis- sion to the City Attorney and Cit~, Council for their approval first and then public hearings after that, He asked Mr. Olds if he agreed. Mr. Olds said somewhere in the neighborhood -- he was saying the first of September but he didn't ~ the Board could make it before then. Mayor Jackson said okay, we'll aim for the first of September. Mr, Olds said since he was on the floor he wanted to make some statements. He said he was appointed to the Board in 1963 and he~s been on it consistently since then, He has been through three planners (he then named t/~em) and he said they haven't gotten anywhere. He said he's been through an awful tot and just about as much as he wants to go through. He made a few more comments and then requested at the pleasure of the Council to be relieved of his duty as of now. As of this date, he wanted to be relieved of this Board. He thanked everybody and said he enjoyed working on the Board, but he was through now. Mr. DeLong and Mayor Jackson thanked Mr. Olds and said they appreciated what he has done. Mr. DeLong said at this time he would like to make a~n appointment of a man he had served with on several Boards in the City. He said he's done an out- standing job on the Committees they served on together and Mr. DeLong then said he would like to make the appointment of Joe Kelly to the Planning and Zoning Board. He said he would be a definize asset to the Planning and Zoning Board, Mayor Jackson asked if it would be in order *.o accept Mr. Olds' resignation first with very deep regret. Mm. DeLong moved to accept the resignation of Mr. Olds with deep regret and congratulate him for his efforts for the past zen years and that the customary Certificate of Merit be extended to Mr. Olds for his service. Mr. Olds said thank you and added that this has only been verbal but he would submit his resignation in writing tomorrow. He said he made up his mind this afternoon and he has given it a lot of thought. Mr. DeLong said to Mr. Olds that the immediate action of the Council is predi- cated upon one thought and one reason He said he knows and has been - 16 - around here -- and now that this Committee has begun to roll, he is very anxious to see it continue -- the activities that have been shown during the last.several weeks. ~,-¢r. Olds said he hopes it does icc. Mr. Harmening said he would second Mr~ DeLong's motion~ adding his own personal regret if Mr. Olds doesn't feel that he can serve any longer. ~r. ~qarmening said he would like to thank ~r. Olds on behalf of the citizens of Boynton Beach for the amount of time that he spent and the long service that he rendered. Mr. Wallace said he doesn't like to vote on this because he hates to see the man leave as he has been a guiding light with his directions. He realized that there may have been many disagreements with various Council members over the years that ~fr. Olds served on the Board, the hours, the anguish that has gone into this and I%~r. Wallace said he didn't think there was any way ~o repay a citizen of this type. IV~r. Wallace felt that Mr. Olds was a gentleman that everyone should take thei~ hats off to as he has done ~ very fine job. (Applause) Mr. DeLong said he would llke to recommend and suggest to the City Council that in place of an ordinary Certificate of Merit, that due to the lengthy period of outstanding service thai has been rendered by .~¢-r. Olds, this particular Council go cn record and get the appropriate plaque made up to be presented to tVlr. Olds at some future meeting. Mr. DeLeng asked that his statement be added to the molion. ~,/[r. Harmenung seconded the motion, Mayor Jackson said she would like to have the pleasure of presenting the plaque to Mr, Olds at a public meeting. She asked if f/here was any further discussion Motion carried 5-0. Mr Vastine said as a member of the Planning and Zoning Board~ Mr. Olds~ resignation comes to all members as a tremendous shock because they had an extremely fru/tful meeting on the preceding Wednesday and made significant progress. ,~4r. Vastine said he's been on the Board since January 1st. They met every }~onday and sometimes twice a week, not only on Planning and Zoning Board business but on Zoning regulations. Mr. Vasff~ne expressed ~ppreciation on behalf of the 'Board for the leadership and guidance and fine elp that Bob Olds has given to them. He said no one can know the anguish ~hat the Board goes through on these zoning regnlations because of the fact hat they do recognize that inherent in change will be those things f~hat do disturb some people. He said that ]~r. Olds has aiways been fair and honest a-~d he thanked him on behalf of the Planning and Zoning Board members. [Fir. DeLong moved that the replacement for ~[r. Olds be Mr. Joe Kelly. Mr. ~allace seconded the motion. % ~{r. l{oberts asked if he will accept. - 17 - MINUTES OF REGULAR CITY COUNCIL M. EETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL~ TUESDAY, IUNE 19, 1973. Mr. ~oe Kelly came up to the microphone and said he feels that the recommenda- tion is a compliment and as of tonight he was happy to accept. He said ~here have been times when he felt as if he were a quasi-member because he attended every meeting he could get to. He said he had been out of town taking a final course in real estate and the ex~umination. He felt that this nowly acquired education would qualify him better than if the recommendation had occurred a year ago. He said that if he should get approval and he passes the examairm- tion, if he finds there is any conflict of interest, he would resign immediately -- but he did not onticipate any and said he would be happy to serve on the Board. Mr. DeLong said he would like to add something -- and he appreciated the fact that B~r. Roberts asked if ~Lr. Kelly would serve -- but knowing k4r. Kelly for the period of approximately a year when they served together on the Development Board of the Ch~nber of Commerce, he knows that Mr. Kelly is willing and able at any time to render a service insofar as City activities are concerned. Mayor Jackson asked if there was any further discussion. Motion carried 5-0. C Report by 3ohn Klinck re Sewer & Water (Letter from C~ecrge E. Adams) Mr. Klinck said that the City's present sewage treatment plant is scheduled to reach its capacity some time towards the end of this year and currently an expansion to that plant is being planned in the form of a package interim plant with a capacity of around one to one-and-a-half million gallons a day. That. capaciiy will be determined dua/ng the design computations. They were not sure just what that capacity is going to be. This additional capacity of the present plant a/id the interim plant have been committed by the City to prior application for sewer service and we anticipate that by the time that they are built and on the line that ii is pretty much used up -- so it is adviseable e-nd he reconunended that the City take steps now to set up guidelines for in- stallation of interim treatment facilities by developers who are coming in and may come in for sewage treatment capacity and who will need it before the City can provide it for them. In that respect the Area Plarming Board of Palm Beach County when they set up their regional plan for sewage disposal last year put a prohibition on the installation of any interim treatment plants within a mnnicipa] service area. They designated Boynton Beach as the agency for the treatment and disposal of sewage between the beaches and the turnpike and subsequently they cut that a3/nost in half by removing that area west of Military Trail out to the turnpike and turning it over to the County in a recent movement of the Board. Mr. Klinck said this all fi~s into the overall plan where ui~mately the Boynton Service Area will be coupled through the Delray Beach Sewage Treatment Plant for disposal in excess of your own treatment plant capacity, Mr. Klinck pointed out that these .regulations cover what he has recounted to this point -- .all. except - 18 - MINUTES OF REGr~LAzi CITY COL~CtL A_~mT~N~ OF THE CITY OF BOYNTON .~z ..... s~O¢~IDp¢, HELD AT CiTY ..~,~L,~, THESDAY, Jo,-,.~ 1% 1973. the coupling of the Boynton and Delray sewage service areas, have been adopted by the Area Planning Bo~rd of Palm Beach County, have been approved by the Florida State Dep~rtment of Pollu~on ~on~ol and ~¢y have been accepted by the sta~ of ~e Federal En~ronmental Protec~on Agency. As far as ~e prohlbi- ~on ag~st inseam ~eau~ent plants, we have one case in point right now where a developer needs se~er ~spos~ capaciiy wi~in possibly the ~me ~ame of getfing ~ ~e Delray Beach ~.cility. Mr. ~inck s~d he ~d not ~i~k that the Boyn~n Beach factory -~o~d be able ~ furnish ~s capacity, ~d consequently, on b~a~ of the City and ~ ~e Co~cil's 5pprov~, a request has been sub- mitted that Bc yn~n B~ach be heard on ~e Area Plane Board Agenda ~is Thurs~y, (3~e 21st). A set of ~es has been prepped c~ed, ~Book of G~de~nes for InstaltA~on ~d Opera,on of Interim Package Waste Water Treat- ment F~os" for the Council's re~e~ and possibl~ 5ccept~ce, ~d ~ accepted, ~ present Lo ~e Area Plug Board ~s e~dence of ~e ~i~s plan to control ~ese Lns~la~ons. ~r. Kl~ck s~d if ~e Co--oil desires ~at ~ey be read, he would read ~em completely, but he felt he co~d boil ~em do~ to ~hat they say. ~ayor Jackson s~d she ~'t ~i~ it was necessa~ ~ he read them ~raplo~ely. tvlr. Klinck said in short, these guidelines say that they do not supplant or replace any of the County, State or Federal Laws regarding waste water dis- posal. Those laws and applications for permits have to be complied with, but first an applicant for permit for such an interim treatment plant must come to the City with his proposal a~ad the necessary plans ~nd specifications ~c indi- cate what he's going to build~ get the City's approval before going up the line for the State permit. It is suggested in here that those applications be made c]irectly to the office of the City Engineer. Then when the City approves them, the applicant has to go up to the Area Planning Bo~rd, get their approval, and in consequence, the County Health Department and they will also, at that sF~me time, have to get approval from the C~ntral and Southern Flood Control District which when they have all these approvals, they c~n go to the State Department of Pollution Control office for their permit approval. What this means is that a developer wilt be permitted to build a specifically planned and sized temporary treatment plant on his ev;n propert3~, finance it himself, put it up ~nd then turn it over to the City for operation~ After the time comes that the Citer is able tc take the efI~uent from this developer's area, or ~he property that is being served by this Lnterim treatment plant~ it will then bo the developer's responsibilit~I to provide the connection facilities to the City system at his expense, the City will return the plant to ~him for dismantling and removal from the site. Mr. Klinck continued that until the time that it is in operation because there · . are no tr~asrnission lines to carr~ the capacity and necessary link to carry the effluent from the plant the developer might build, he will be required tc build on-site, self-cont~ined disposal of the effluent by whatever means might be approved in his engineered design. The operation of t~hat plant by the City v;ill be compensated in part by the developer to the extent that the developer - 19 - MINUTES OF REGULA~q CITY COUNCIL ~LEETt_,~' ~ ~'~ OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CiTY HALL, TUESDAY, JUNE 19, 1973, would pay the difference between revenues collected within his system, and the cost of operating that plsnt and the collection system that he is using to serve his development, but it would be a total expense -- no outlay of the City's money, ait~her from t~he revenue funds Dr ~ax funds. Mr. Klinck said he wanted to point out that this is a varialion from the original schedule of payments that were submitted. The original schedule that was submitted prior to the Council's workshop session was based on a different ~ype of system than we have here in Boyn~on. That was set up for the Delray system wherein the developer:s liquid effluent could be piped through the City system and tthat is -- you have the e~/pense of ptumping and pre-treatment and everything that he is doing now. Thai e~--pense would not be incurred in this case. We can see no reason for chargiiag the developer a flat out fee. In other words, if they are willing to assume the difference in cost of opera,on versus revenue -- Mr. Klinck said he means the cost of operation of a plant ~nd the system that is serving his prop_ erty. It is a separate little sewage service system all an its own. Mayor Jackson said in other words you would like the Council to, accept your recommendation and go before the Area Planning Bc~rd on Thursday. Mr Kllnd~ said that's correct. Mr. Harmsning had a question for Mr. Kiinck relatir~g to paragraph 6 of the Guidelines concerning co~nec~on charges. He asked if this paragraph on connec~on charges o0uld be related to the City's Stipulation Agreement wherein Russell and A~on and the developer's consulting engineers found it in, possible to ~._rrive at an agreement, does this in any way convict with this S~pu]ation Agreement? Speciflcally in reference to the connection charges. Mr. Harmemng said he understood that [~zlr, Klinck's preliminary first meeting with the other consulting engineers was June 12th, so possibly Chis corP~ict has been resolved. Mr. Klinck said they were on the road ~o a resolution of this. Mr. Hs~rmening asked if this particulaz reference in p~ag~ph 6 in no way vyas i~ conflict. Mr. Klinck smd parag~ph 6 had noting to do with ~ec~on ~ges. Mr. Harmening ~en read his copy of the paragraph in ques~on ~d Mr. KI~ said he ~dn't know whe~er Mr. Harme~ng had the reused c~y or not. There was some turner ~scussion regar~ng which c~es ~e Co~l members had ~d Mr. DeLong asked Mr. K~ck how soon he had ~o have approv~ iVlr. Klinck rephed ~hat the date was set for Thursday, J~e 21st~ the day Mr. Ha~mnening asked for enlightenment as to the way ll~ which paragraph 6 -~as changed from the original copy and he asked Mr. Klinck to read paragraph 6 aloud, which he did. Mr. Harmening said that is quite a change from bis c~y~ ~erefore his original ques~on is moot, - 20 - M~XlUTES OF PJgGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, JUNE 19~ 1973. Mr. K!inck said he guessed we were up to hhe old mail service delivery business again as tl~ere were sets mailed. I~[ro Kohl said they were never received. Mr. Klinck said hhis was the subject of discussion au the last Status session. i\4r. DeLong moved to accept the recommendations of the Consulting Engineer ... (He ti~en asked Mr. Klinck if he was going 'co present the Cify~s case to the proper authorities -- Mr. Klinck said yes) ... and Mr. DeLong continued ... upon approval by t~his body that Mr. Klin~ will present our ~c~men~s to ~e proper auti~o~i/es Mr. Roberts sounded ~he moron. Mayor Jackson asked if there was m~y discussion Mr. Wardlaw, speaking for Palmland Development Corporation, said he would like a copy tomorrow morning. Mr. Wallace asked Mr. Klinck if he could give an educated guesstimation as to what a sewer plant described as the size of what we operate in the City of Boynton be quoted to a new developer if we were to go out and duplicate it. Mr. Klinck said the presen~ 3.2 million gallon plant would cost roughly $1,200,000 -- and Mr. Wallace asked if that would ~_ke in approximately 25 to 30,000 people -- would it st/ti run into that possible figure? Mr. Klinck said that Mr. Wallace was asking him about a plant and he should have cautioned Mr. Wallace Caat a~ the present site, to add that much capacity, he didxa't know if the area was available, but we also need a line to ~g te get rid of the eL~uent. He said we do~t have it. Mr. Wallace said this is why has question came up. Instead of adding to the present £acility, suppose we go out and build a new one to the present size, he would like nn educated guessiimation as to whaz it would cost the City. Mr. Wallace s~d he realized this was kind of fast but he wanted to know if he was in the ball park with $~ million since Mr Klinck said $1½ million on the other. Mr. Klinck asked if he meant to inc]u~ a place to put it and some way to get rid of the effluent. Mr. Wallace said right. Mr. Klinck s~id he couldn't give an estimate~ it would depend on where the site is and how far you have to go to ge/ rid of the effluent. Mr DeLong said suppose you make a study of it and bring it back -- is that possible? Mr. Klinck said to duplicate that plant on tlne present site with a line like it has dcwvn To t2'~e waterway (down to the lake) somewhere bei~veen $1½ to $2 raillion. - 2i - ~-,JtNUTES OF ~¢,o=AR~.~ ~ COUNCIL MEETING OI~ T~4E__ CITY OF BOYN_oN ~.~.~, FLOFJDA, HELD AT CI~_ P;ALT, TUESDAY. JU~m i?~ 1773. Mr. Wa]lace said if in truth we were goin~ a~ far as in the direction of Delray, -wha~ period er time schedule &re t~key cn as far as completion of an interim plant? Mr. Klinck ~=nswere~ that their plans and specifications have been on the shelf sin~ last December 31st -- their application ~s in; it's been approved by the Department of Pollution Control -- it ~s somewhere in the midst of Federal paper'- work and there is nothing being done righ, t now about the portion of f~his Federal money because of the recent Federal Court decision directing the EPA to turn loose the money~ but '~'e haven't heard anything about it, so we don't know. Mr. K]inck said if we had the money today~ you could say Z0 months and we'd be on the line. Mr. Wa]ia~ said it's not fl~e matter of money that's being bandied about-- cs f~r as we're going zo get -- is it somewhere between $5-6 million for the plant in Delray? Mr. Klinck said no, sir. We:re talking of a $9 million project of which the plant itself is something jus~ under $3 minion, but t!ae conversion of the Delray system to get the sewage to it then back out to the ocean is bringing it up to somewhere around $4½ to $5 million. It's not just plant. Mr. Wallace s~/d should this came out that the Government wilt pay for it, as soon ~ it comes out, it would take about 29 months to w~o years? ~Jr. Klinck said 18 to 20 months -- if we could advertise tomorrow. Mr. Wallace said the reason he ~'as csking this is alluding :o ~aother item that he has on the agenda and he thanked Mr~ Klinck. Mayor Jackson asked Mr. Klinck if t~here ~vas going to be another Status meeting next Tuescay a~ernoon. I~,. Klinck e~nswered yes, but he hoped somebody else ~vould be ~here as he was trying :o get his vacation° Mr. Wallace ~lled for the question. Motion carried 5-0. Before reeving to the next item on the Agenda concerning the Library, DeLong pointed ouz as part of the previous item, there was a letter from George E. ~ ~-~ Mayor Jackson asked Mr. KlLnck if that was covered during the discussion and e_f~er some discussion among the Council, it was decided that it had been covered. Mr. Harmening se~id that before Mr. i~ilinck left, he thought it %vould be nice to have a more detMled breakdown of the bills submitted by Russell & Axon - 22 - MI2~UTES OF ..P~OULAR CTTy COUNCIL ~./,~p~¢~T~: OF THE CITY OF BOYNTO¢~ ~iCll, F~ORI~A AT CITY ~ ~ ~ rx~L, TUESDAY, JUN~ t9~ 1973. so it could ov determined exactly v;hat the different expenditures represent. He said there were only three of them that he felt completely familiar with. Mr. Klinck said there was no objection to that. He had been asked recently by Mr. Clark to break dovwn some of the indicated man hours as to the fu~nctions performed mad he tske~ Mr. Harmemng if this -~vas what he had ~n mind. Mr. Harmenmg smd he was more concerned with ~hat ~he actnal job was. He wasn~ sure whether this Council or the previous Council had given authorization for certain things. There was some further discussion bei~veen the Council and ~ir. ~linck in an attempt ~e ~arify this matter. Mr. DeLong asked if he could ~rect a question to Mr. Klinck through the Chair. He said he kno,~,s a little background on these parlicular items, and he wanted ~o know whether or not these ,were projects that~'~.~r'r. Cl~rk ha~ authorized. iVir. Clark said if hhese were bills that he had checked for Mr. Flynn, he recognizes all of the authorizations. He smd there was one ques~on -- they are re-prepping a bill which ~cluded some survey work for hhe presen~ sewer ~xtension contract ~at was included ~ p~t of the ~spec~on work. shoed be in ~e!d s~veys involved for some changes in the sewers that have not been cons~ucted yet. He said that was going ~o be changed ~d broken do~n, The o~er au~qoriza~cns were some thai were authorized a few weeks ago in ~ e~orl ~o ge~ Federal f~ng for the interim ~rea/~en~ plant for a l'gay !S/h deadline. He ~en said there was some ques~on conceding da~es but he ~id no~ have ~y ques~on sfDout any pg~c~ bill ~at he has seen thai is before Co--cit, ~/ir. Clark said he ~ough/ ~at what he did question was held back by Mr. F1ynn. }.,tr. Harm~aning said he vzasn't questioning the ¢~motmts but was merely trying clarify in his own mind vthat they applied ~o. There was furrY~er discussion bet?/een Mr. Clark and the Council an. d Mr. Clark said what is confusing is ~hat Russell & Axon has had authoriza~on in the pas~ to mske components ~d to proxdde engineering ~d consul~ng set,cos in regard to various ~ings that come up s~d ~hen ~ey ~e ~ec~ed go ~ive answers or attend ~ rnee~ng, ~ey go back and throw this in and re- fer to some n%L~ber like 1959 ~d ~o or ~ree reselu~ons or authoriza~ons and ~en ~ey refer ~ ~e recent letter authoriza~on which is usu~ty a ~me~ pay rate ~mes ~wc ~d ~. h~lf. which is the charge plus travel. He ssid when the items are ~tated ~d ~e see billings ~at a~e ~re~onabie, ~he Council c~ ask for a dot,led bre~down. Mr. Harmen~ng said thai wasn't his question. He couldn't cormec~ certain charges which were the job designal~ons specifically and Mr. Cl~k said if they were mentloned, he could explain what happened on each one of them. - 23 - I~,~LNU.nS OF REGULAt~ CITY COUNCIL M~~'~' - ' ~,~.~ OF THE CiTY OF BOY~ON B~AC~, FLO~mA. HELD AT '~I_ Y ~%LL. TUESDAY J~ 19. 1973. ¢,~r. Harmening thanked i\,{r. Clark and apologized for the digression. Mr. Klinck s~id he was glad the question yeas asked because he is ~- ' the same kind of ~ouble '~ith the office in Daytona and ~s was going to Discuss Library - Vice iVfayor DeLon_g_ Meyer Jackson asked ivir. DeLong to discuss ~he Library. l~!r. DeLong tigon read a prepared statement to the !gayor and members of ~he City Council as fotlo~,s: "This City Council zs in a position to perform an outstanding service for the ta~?ayers of our City. A service that c~ be considered unique in this day and age~ at a time %rhea it is very apparent hhe American public firmly believes there is a credibility gap between then~ and ali levels of government. As a member of this body, for f2~e past five months, Ihhave keenly observed and also conducted ~n in-depth study of our City's governmentnI operation. Having done so~ I would not only be rem~ss~ but also guilty, of violating my oath cf office, if I fa/led to do what duty requires to be c~mne. Therefore, I strongly recommend ~hat you cio not float the general obligation bond issue in the amount of $250,000.00 for the construction of the ne-~v public library. I do this~ fully cognizant, the taxpayers by referen- dum approved of ~is bond issue in December, 1972. If you honor ~his recommendation, I am q~te certain %rhea ~ahe ta~ayers are apprised of [he ~scal facts, ~ related herein, not cn!y '~ill they agree ~th Go~ci! ac~on, but will ~so ~preciate Oo~cil~s conserva~sm, If this bond issue is floated, the interest on this loan could possibly cost as much as the prmc~pal ($250,000.00). I~ -~vould alt depend upon the period of time~ set for repayraen% of ~his ~ssue, and the rn~ket interest rate at the time of sale. If you, the Council~ decide ~o neyate this bond issue, in order to eliminate ~he unnecessary peyment by the ta~payers of perhaps several liundred thousand dollars in interest, -~nd should legal problems arise, it would then be ~d-visable to submi~ this question to referendum. This situation will not cause any delay hn the cons~uction of the _ne~m libr~y~ s~s ~unds e_~e available to proceed immediately. I base ray recommendation on the =- ' ~ollo'~vln~q fiscal facts for your consideration ~ - 24 - MINUTES OF ~GULAR CITY COUNCIL MEETING OF THE CiTY OF BOYNTON BEACH, ~ ~i~, T~S~z~,~~o~ 19, !973. The resut~ of 6-12-73 are as ~o~ows¢ Surplus from_ un-filled positions Un-spent Appropriations (present $450~000.00) projected to end of fiscsJ yee~. Excess revenue received tc date Federal revenue shying grant on deposi~ e~zclu~g: 10% for Ci~'s needy Fedora] revenue shar~g grant due J~y '73 " " Sept. r73 $120.000,00 250,000.00 150,000.00 212,000.00 57,000.00 57,000.00 Total Funds now available amd/or projected to end of fiscal year $846~000.00 Estimated cost of ne-~z public library " " " ~ fire sub-siation " " doE pound " " " " add~n to Wilson ~ec. C~, rec. facil. S.W. 8th St.~ Sara Sims and Rollin~ Green Sites~ talus h~d-ba~ and basketball couris Architects fee for ~bra~ mhd fire sub-steiden based on 5% of ~e cons~uction cos~ 250,000.00 160,000.00 30,000.00 65,000.00 75,000.00 20,500.00 Estimated cost for al! projects underway In order to be on the safe side, add 20% to estimated cos~ Additional z~m~..ount for archilec~ based ~n added 20% Total Cost of planned projects under~ay based on added 20% $600,500,00 1!6,000.00 4,100.00 $720,600.00 To,at fun~Is available and/or projected rc end of fiscal year Total cos~ of pleD_nod projects underway $846~000.00 720,000.00 Estimated surplus at end of fisc~ year based on present figures $125,400.00 Footnote: The State F, evenue Sharing gran~ lo Boynton Beack will be increased by ~ amount of $328,000~00." Mr. DeLcng said he thinks it is foolish to go into the bond market and put the people of this City ka hock for the next 20-30 years. (Applause) - 25 - · M~UTES OF P~EGULAR CiTY ,~,OUN~iL b'r~ET~G OF THE CITY OF BOYNTON BEACH~ FLOR~A, wR ~ ~ ~*~LD ~ CITY HALL, ~ '~ ~ - ~' 19, T~EoOA~ ~ J~E !973. Mayor Jackson s~d she wms sure Mr. PeLong has gone over ~ese ~gures with Mr. gly~ and Mr. DeLong smd he did ask Mr. Fiynn for a run-down of what was av~a~Ie. ~or the 0~er st~ insofar ~s the es~m~tes in the cons~c~on, that was screening he worked out himself ~nd he believes ~at he ~ould not be too f~ o~. At least we wo~d be on ~he s~e side, Mayor Jackson said in o~er words, we c~ s~ve this and jokingly asked wha~ happened to ~e $1,003.80 check she jus~ signed, Mr. DeLong s~d ~is is what happens when you don't study these things. Mayor Jackson asked for the Oo~cit's decision and Mr. DeLong s~id he wouldn't say ~=~ ~*=_e would be any go,on. !f fhe Council ws~ted ~o ~0af if~ go ~head~ bu~ he di~'f believe anybody in f~s City ... and he wms nof going ~o be ~e af~orney in ~is ~s~ance, but he ~ould We his ~ough~s as fo ~haf the situm~on is and ~en lef Mr. Simon m~e a s~udy and give his opinion later. Mr. DeLong said ~ his opinion, fhere is no such ~ng as forcing ~e Co--oil ~o ~oa~ %~s issue if reasons can be seen why if isn~f necessary. He smid fhe only problem might be if some ci~zen w~fed fo ~ke fhe CiW Council info courf and ~y ~ a~empt fo force ~e Co,oil ~o ~oa~ ~e bond issue~ re ,,~.r. DeLong then asked Mr. Simon if he would look ~is up and Mr. Simon said he would be glad fo, Mayor J~ckson ssJd she co~f imagine anyone wan~ng ~o go to co~t abouf if. Mr. DeLong s~id he would ask the ~' ~" ooun_~ in the form of a moron £or permission to proceed because funds are available. The architect has been engaged and Mr~ DeLonS said he would go on record to ask this Council to proceed with the construction of all 'the projects m~derway be- cause the funds are available. There was some discussion bet'~xeen Mayor Jackson and Mr. Roberts about seconding the motion. ',¢ ~;:r. Harmening seconded the mo~ion for discussion only· Mr. Roberts said the box Score here looks pretty good but he is concerned with t/~,e tibr~ry which is rifle main issue and give us a chance ~o look over ~he rest of the suggestions Mr. DeLong has. made. Mr. Roberts t~hen moved for fine immediate procedure with the library and the fire s~tion since that has already been resolved~ but he said he wou/d like to review the ~ngs Mr. De ~ 'c., ' rate. Long ssid he thought his fioures would be found to be pretty accu- - 26 - ~NUT~$ OF ~GULA_P~ CITY COUNCIL M~ETtNG OF THE CITY OF BOYNTON BF~kCH, PLOP~IDA. HELD AT CITY ~L~_LL, TUBSDAY~ JUNE 19, 1973. Mayor Jackson asked if his previous statement was in the form of a motion and l¥ir. DeLong said yes. Mr. Roberts repeated that he would go alonE with the library and the fire station end for that ma~ter, the dog pound because he thought they had been approved. Mr. Harmening said [~ has bcen approved if he wasn't mistaken. ~lr. ~a~lace asked to have t~he question repeated and *¥1ayor Jackson said the motion is thai we proceed ~ith the library and t~he sub-station for the fire depsr~--tent and also t~he dog pound. Wallace asked if that %vas without floating the bond and Mayor Jackson a,~swered, wif~hoiut floating the bond a~ thc present time until Mr. Simon looks into Mr. DeLong said as you go along now, you ~,~ill see what the situation is and he was quite certain, based on these figures~ that the City is going to be a little bit better off than the projected or estimated $125:400.00 at the end of the year. He said this is being very conservative and he knows we are going to have quite a lot mere than that as a surplus. Mr. Roberts said he agreed because the last budget time we were examining ~hese figures, we had &nough to do a library, but at that time it was decided to reduce the City tax by one mil. He said this could have been done last year but '0~nfortunately, the City had no capital improvement plan and it fell by the ~ayside. Mr. DeLong said he has it on the pan for next time and added that to allay any doubts in the Cou_nciI's mind, everyone knew there was enough money for the lihrary~ but since that time~ f3nere is a s~!us on hand ~om ~fi~ed positions of $120~000~00 and excess revenue received to da~e in ~e amo-~t of $150 ~ 000 . 00 for ~ total of ~ additional $270,000.00. Mr. DeLong said he did not believe at the ~me Mr. Roberts was speaking of that ~e entre Federal re-venue gr~t was in. Now it's been on deposit. We took $25~000 out of ~at ... and have earmarked 10% cf it for ~e City's needy; original amount of $225,000,00 ~d 10% is earmarked for ~he City's needy, But in the ~terim~ we also collected $12~000.00 in ~erest. This now brings ~e total up tc Mr. Wallace asked what is the schedule at the present time for floating the bond issue on the library. Mr~ DeLong said he didn't believe there was any such thing as a bond issue on time. It's when you decide to go into the market. Mr. Wallace said the reason for asking this particular question; he was not - 27 - I./ilNUTES OF PgGULAR CITY COUNCIL M_EETING OF THE CITY OF BOYNTON BEACH, FLORIDA~ H~L~ AT CITY HALL TUESDAY~ JUNE 19, i973. doubting Mr, DeLong~s figures ... au the sa_me time~ he ~,'dn't want to get ~e c~-t before the house ... inasmuch as the Igayor just men~oned here this evening about ~ve or slx da~s con~ng up next month as f~ es next ye~s budget, l'~fm. W~imce said he thought withLn ibis ream of Mae there ~oulcl be a complete pierre as far as the total budget is concerned and then rest of ~e priori~es could be stated at ihat time ~nd it would ~so ~ve Simon the ~me to research ~he possibilities ~s ~o whether we are cert~n of ~et~n~ ihe referencl~ or nol. He could come back wi~ a clear ~de~standin~ and [%ir. W~lace felt ~at this was the basic bang-Up at this ~me wi~ it, Mr. DeLcng said he was not basing his figures on next year's budget but en whet ~s available today and ~is is the way he would like to move -- today~ no% ~mcrro~. ~le said he ~o~s posi~vely ~nere ~ill be plen~ of money in ne;ct yemr~s budge~ because there is $t00,000.00 for a ~re engine that will not be ~ and he went over ~e budge~ and could pick out runny items ~at will be paid for ~is ye~ by cash ~hat will no% have to be p~d next ye~ and paid in ~e~ of ~e fac~ ~n~t the Oily will receive om ~ddiMonal $328,000.00 above what was rec~ved this year ~om the State -- he felt to hesitate in get~ng ~ese projects u~derway or obs~uc~ng ~hem wo~d be a gross error because now we are ~Iking about ~me~ labor and mate~aI. I~.ir. Wallace asked L~fr. Simon t~hrough tlne Choir what his opinion was as far as what the Iec,_'al ram~ncations would be axtc_ ~n issue had been put to Mr. Siphon seid he would have to research the question involved. Certainly it doesn't e~ect so f~ as gomg cut ~nd f~oating the bond~ selling them: You can do it any iime, If Council vo~es now to negate the referendum~ there might be a problem -- he said. he did~'~ kno~v as he had to research the question first. ~fr. DeLong er~!ained his point further to l~.,ilr. Simon and said in view of ' '' =no~a move wi~ ~spmtch. the fact that the funds ~e av~laoie, the Co~ci! ~ ~ If in the event a legal problem ~d arise~ 5~r. DeLong s~d he did not dis- agree wi~ 1,ir. Simon's opinion -- but if ~e people voted for it, they c~n cer~giD~y vote against if ~ey ge~ ~e fac~s. If the people were told they were goinE to save appro~mately $150,000.00 in ~ture interest payments that they were just squandering or ~owing their money down the drain, ~nd it would just cos~ us $3-4~000.00 %o have a referendum on it, he felt it would be quite 5 saunas. Mr. Wallace said no one is ~-rguing that point and as far as the legal rami~- cations ~nd after the City has committed itself to a referendum as far as the monies being there -- fine, to be in this position is remarkable, but to gc ahead, and to move ~nd vote on something without a legal answer to it, and - Z8 - MINUTES OF _REGULAR CITY COUNCIL I~IEETIING OF TI~. CITY OF BOYNTON B~CM~W~ ~- FLORIDA, HELD AT CiTY HALL, TUESDAY~ JI37~E 19, 1973. once again, as far as putting the cart before the horse ... Mr. DeLong denied putting the cart before the horse for f~he reason that if fine City goes ahead and builds this snd if it is required to float the bond issue, we would still float it, but by the same token, we are moving ahead with these projects and are not delaying it until such time as the bond issue is floated. He felt that the City would gain rather than lose because he believed it would be possible to siili get into the market and the City has a bond~ng resolution. If in the event that it was seen that there was an enirapment where the City had to go ahead with it, then instead of going on a 20-year issue, it would be profitable for the Gib/ to rednce~ or do away with t~he present resolution it has and adopt one that gave a 10-year limitation on the repaymen~ and at least 10 years of interest payments would be saved. i~Y_r. Harmening asked Mayor Jackson when the final plans for the library and the fire station would be ready. /,~!ayor Jackson answered that the library plans are just about ready and she understands that Mr. Davis has the fire station over at his office just about ready also. Mr. Harmening said for himself~ he would prefer to see the final plans approved by the council in concept prior to any authorization to proceed. He said he agrees with Iv%r. DeLong ~n principle, Therels 'a great deal of interest to be saved here and he thinks the taxpayers would be more t~han happy to go along wi~h this as it's a sizable piece of money, but he didn't thLnk the Council should rush into chis tonight, They should wait until the next meeting at least. }./!r. DeLong smd it's a known fact that you're not going to start construction nntil the plans are approv~. We're not going to be able to approve something here tonight and f/~_en go out and build tomorrow unless we have a plan. i~iayor Jackson said that Mrs. Farace is very happy with the libra_~y plans. Mr. Harmening asked if they were preliminary plans and there was some dis- cussion among the Council as to who[asr or not they were complete. It was declmec~ ~i~at they were preliminary plans. Mr. Roberts smd he didn't think that the motion had anything to do with the plans. You're not going to build a library unless yon have plans that have been approved by the Council, The only thing that t~he motion says is to move forward regardless~ until such time as the research on t_he bond issue is completed. The t~hing is to move ahead and not hold up on the building. }gte DeLong moved for the question. Carried 4-1, I~,4r. Wallace dissenting. - 29 - COUN ~.,ItNUT~S OF PJ~GULA~ CI?Z_ ~_.~,~.~ OF THE CITY OF BOYNTON BEACH, ~LOP~A, H~LD AT CITY ~.LL~ ToE~D~Y, ~UN~ 19, 1973. DiScuss Annexation - Councilman Wallace Mr. Wallace s~id one of the reasons for bringing this up at this particular time and. inasmuch as Mr. Klinck was here earlier ~his ever~ing, one of ~e thugs ~at he alluded to ~s ~ o~e of ~ Area PtanninE Board -- just recency ~ere was $300~000.00 [~at was spen2. He said ~s is not Coun~ money nor Ci~ money but money %h~% ~as mor~ or less allocated by ~e Co~fy to eng~eers o~er ~ .Co~ eng~ers for a study, ~d again t~s is fo~ the area as far as regional se~ers are concerned. Also ~e have in o~ reserve areas ... ~ developer has %gain bypassed the City ms far ss coming %o ~he' ~ity as far .as ~he County is concerned. This is ~e Quail Ridge development which consists of appro~m~ely 355 acres and is a P~ Wpe project. The total acrease ~est~ard of ~is area is 714 acres which also c~e before the Coun~ P~n~ns Board appro~mgtely 3 ~eeks ago. He s~d ~e heard ~,ir~ Kt~ck speak ~is evening as far as the ~sion ct yo~ area se~ers within Boyn~n and Delray Beach. The only f~ng ~at ~s Ci~ h~ ~oin~ for it is a Co~y resclu~on ~%a~ sfa~es ~at ~ey %rill hold ~he l~e as far as developers in our reserved annexa~on area. Mr. %¢~altace pointed out ~a~ we already have one here that has bypassed ~e ~i~y. There will probably be o~ers. Mr~ ~/~lace s~d we have s~pulated in the pas% m~d have sfa~ed %hat ~e ~outd l~e ~o con~oI ~e growth as far as the City of Boyn~on Beach is concerned. The only way we c~ control gmowth is ~ control the u~li~es in those areas ~at ~o wi~ i~. According to the informa~on, we go 5ppro~mately at fne present ~me, if we were to draw a not,south line it would be ~he Military Trail area as far as our sewer and ~ater ~re~s are concerned. We already have on ~e not,hr;est corner, Consress Avenue and 23rd. Three years ago the Pc~npano Fashion Center ~as to be built, 189 ~cres on %he backside also ~as ~ go condominiums. A ~ree year extension has been requested as far as ~is is concerned. Mr. Wallace s~d he was bothered about the '~For Sale" sign still on that cor- ner upon which it has already been agreed that a shopping center is supposed te be built. He doesn't know whetlner the developer is trying to sidetrack thls, whether i~ is up for sale~ or the control that the City will have -- but here is another 175-80 acres as far as condominium type development is con- cerned. We already have Drexel to the north area of us. How much control do we actually have? Mr. Wallace said vga can sit here and spLn our %vheets and talk about these various things but to put it all in a nutshell, Mr. Wallace said he would like to see this City go the complete process that's necessary and the total property in our reserve area because by dcinE +~his is ~e only way ~h5% the City wilt h~ve control as %o wh~ gctuslty h~ppens to the City Boynton Bench, not only in ~ne next year, but in ~e ne::t 50 or 100 years. Mr. Wallace said he realized that this was going to encompass a great deal - 30 - ~NUTES OF -P~EGULAR CITY COUNCIL M~ETING OF TH.~E CITY OF BOYNTOi'¢ BEACH~ FLOB.~A, HELD AT C~TY HALL, TUESDAY, JUNE 19, !97~. of thought ~d s~d5, on kho p~l of m~y people. One of ~ese things as iar as ~e teg~ rami~cations and so for~ ~or ~e libra~ ,.. Mr. W~lace said he ~u'~ know what ~e ~u~acial post,on was -- Mr. Klinck spoke efoout $!~ to $~ milKon~ as far as bond issue ~d what have you. Wedlace said as Ton knowv~ ~is is ~e only way ~at ~s Oily is going to be able to go ~s a bond issue. We keeo ge~g closed m ~d ~e quesMons keep co~Jng back. The area wes~ of !~filitary Tr~ -- what happens if ~hen Delray is completed~ ~e Go~ suddenly comes i~ough ~ud says okay~ here's a developer with 6~000 acres and ~Js is hig~y possible, high densiW. We have no~ing to say about it, yet ~is CiW is ~e one that's goins ~ carry ~e ~mpact as far as ~me roads, set,cos ~d so for~ are con- cerned. Mr. ~Tallace s~d to ~e Co~ncil~ let's go hhe whole route and annex ~d pl~ for Ese adv~cemenf of fi~e Citf of Boynfon Beach. _Mr. DeLong said he would like to ask Mr, Wallace a question through the Chair, He said if memory served him correctly and he would stand to be corrected if he was wrong, weren't we just told ~n a nice, polite and gentle way tha~ a portion of that reserved area is being taken avcay from us. Mr. Wallace said we have been before State legislature. He asked who has ths total impact here, as far as the City's reserve area or as far as the Count-y-. One of the things that he relates to, and he said he may be wrong, but he fiidn't think ~e Village of C~ was even on sc~ers. They're on se~c ~ks. Mayor Jackson interjected that f~hey have their own sewers and Quail Ridge is going ~;vith them. Mr. Wallace asked if it has been completed and Mr. DeLong said that's what he talking about. He said he wholeheartedly agrees with Mr. Wallace, and he believed it wasn't too ma.ny moons ago that he had been tel!ring aronnd here saying that he thought it was time for the City ~o establish their !~estern boundary Line so we know just exactly what the size of the City is going to be. He said he believed this was a move in the right d~rec~on and he %vas all for it. Mr. Wallace said he was told this afternoon ~hat they (Village of Golf) veere not on a sewer and that Quail Pddge is only buil~ling because part of properW c~ be used as far as septic tanks ~d we coutdn~t even build a home out in ~e wesie~ area in Go~ Harbour because of the same ~g, Here's a complete development that's had ii done and he asked for Hghte~ent. Mr. Clark askeo.' if he could address the Council. He -=0-~m~ ~ to his kno%~ledge Village cf Golf is on septic tanks, although un~oub~edl~, they will have - 31 - MmE~il'~ OF TH~ CITY OF BOYNTON MINUTES OF i-~EGI3~AR CITY COUNCIL ~ BgACH, FLORIDA, HELD AT CiTY HALL, TUESDAY, JUNE 19, 1973. sewers~ but tlhey do own a sewage treatment plant nn=nced by the City. Mr. Wallace said they do not have a seveer plant yet. Mr o Clark said somebody out there has a sewage treatmen~ plant because the Area Planning Board last year said ~hat Pine Tree couldn't go into ~!~at treatment plant~ although they were a~uxious to get somebody to use it because it was not being used to its designed capacity, which he thought was close to a half a million galtons per day. The Area Planning Board said okay, you have a plant -- you cal~ use it until we phase you out and then you have to go to Bcynton. They said De!ray Dtu-~es and Village of Golf and this other area which may include part of Qusii Ridge c~ go into this treatment plant until it's reached capacity. It's an interim type of thing. They did s~f Pi~ee Tree co'did not go into this treai~nent plant. They were told ti%at since Boynton had an interest in this service area and that Drexel would have facilities there ~it~zin a year or so~ that Pine Tree would have to go into the Drexel system and be served by the City of Boynton ~each. Mr. Wallace said fnat one of the things he was trying to bring out v~,dth- out trying to question t/aa honesty or integrity of any particular person or company -- but at one time the City of Boynton Beach was designated as the central area within this sewage collection bit. Somehow it was chided and it went ~ the south of us, He s~d the only ~ng he thought could have chided it ~ould kava been an eng~nee~ns s~dy somewhere do,va ~me ~ne~ He s~d ~e ques~on comes up that Boston has the s~e end,ears that ~e city of Detrs~ does and ~aere has ~ be involvement somewhere along ~e line. Then ~hen you talk about a sewage plant Delray for a to~ of $9 ~illion~ ~s is ~e reason he wonders if sorne~mes When we designate a person as ~e did toniEht ~ speak for us before Some of these boards in some of these areas, sho~dn~t ~e m~e it a lit- he bit stronger and have individual members of the ~ouncii of the Oity itself ~here so that ~-~ese answers c~ be fo~ud out because ~e ~scussion sho~ed here ~is evened that v,~he~er we do or whether w~ don't, it's irrelevant as far as the ques6cn of the sewers. We do not know hsppening to ~he ~est, Mr. Wa~ace said he ~inks it behooves the Oou~cil to ~nd out. Mr. DeLong asked Mr, Wallace what in his _mind was the disposition he desired to take with this particular question that he had brought up. Mr o Wallace said he would like to see the Council direct the City A~torney to go the ~ati route as far as annexation of all our reserve areas. De~ong asked if reade that in the form of a moron and Mr. Wallace said yes. 7t~r, DeLong seconded ~he motion. ~,!ayor Jackson asked if there was any discussion. She then said that Isomebody she knew attended the County Planning Board meeting last - 32 - ~?LINUTES OF REGULAR CITY C~U_~IL mmE-,ilqG OF THE CITY OF BOYNTON B~AC.~-; F~uR_~A, F~ELD AT ~Y ~AL~ TUESDAYs JUNE I9~ 1973. week in z~eadow~r~ok. In the north end of the City a reserve annexa- tion area was grmated. She se~d she didn't know whaler ~e Co~ty Comra~sicner granted i~ ~day or not but there were close to 500 acres Wallace called for ~e question. ._v~otion carr~ed 5-0. NEW BUS~NESS Discuss Capit~al improvements - Vice .Mayor DeLong Mr. DeLong ream a prepared statemen~ ~c ~e £~ayor ~ Com%cil as follows: "The City of Boynton Beach ~s most fortunate in the respect put Western e~%pansion has not as ye: occurred. The time is past due to take the necessary acJion in preparing for this population explosion. Surround- ina cities who neglected to protect their needs caused by e~pa~sion are now mired in problems so vast, it v/ill nov/ cost the ~axpayer astronomical sums cf money to overcome. Do not permi~ this to happen to Boynton Beach. We need additional east to west roads, equipment and tlme ability to pro-vide greatly ~ncreasad services. We must give priority to a depart- meat of public works complex, consisting of enough space that will be ade- quate for at least ten years a~er completion. Presently, yea are in dire need of a suitable warehouse, city garage, modern in all respects, shops for each br~nch of service in ~ais department~ ~vhat now e:~sts~is deplor~mle to say the least. The best method the Council can adopt to ac~hieve this goal is by t~he establishment of a capita] ~mprovement fund in order to 'pay as you go' for public improvements~ Therefore: ! move the City Atto~aey is hereby instructed to prepare the neces- sary ordinance, est~olishing a capital improvement fu_nd~ transferring all surplusses, including -c~aappropriate funds at the end of each fiscal year to this fund to be used for p~Colic imprcvemenSs, but not to include the vcater s_nd sewer system. Ail Federal Revenue Sharing ~ts shall be deposited ~ ~s fund except C~e 10% pre~ousty allocated for ~ne CiVets needy. Twenty per cent of all Revenue Sharing grants received from tlhe State of Florida shall also be deposited in this f~and. ~: Mr. Roberts seconded the motioh for discussion. 7. g ,, ~-~ay~r Jad<son then asked E~. Simon if the Federal Revenue has gone into a special trust fund. - 33 - _ >¢Li,_x~UTES OF R~GULAI! CITY COUNCIL MEETING OF THE Ci-~Y OF BOYNTON BEACH~ FLOlllDA, HELD AT CITY ~LALL, TUESDAY: JoN~ 19, 1973. ~?lr, DeLong answered yes, but we can earmark it for c~ital improvements. ?~r. Roberts asked if this refers to t}~e forthcoming fiscal year and Mr. DeLong said yes. ~7__r, Roberts continued ... because the last notice that you gave us had to do witch the already established funds. Mr. DeLong clarified that the ~rst occas!on would be hhis fiscal year. iv%r. Wallace called for ~he question after further discussion to clarify the motion. ~.~otion carried 5-0. (Applause) Consider Request, Dr, Enid S. Akhurst ~%ayor Jackson said Dr, Akhurst~s original letter to her was not received u-n~-I the one marked Special Delivery and ~o ~o-~cil had a copy in their books. Dreher Pmrk ~d Zoo ~nd the Science !~,fuse~ were ori~nz~y one orgs~iza~on. They have now branched ou~ separately ~d the Co~ Com- mission has tum~aed to th.e Palm Beach Co~ty lvi~icipal League to le~n that mos~ of the cites felt ~at the Science ~,%use~m serves the whole cc~n~ ra~er ~h~ just West P~n Beach where it is situated. The Palm Beach Coun~ ~%~icipe/ League passed a resolu~on suppor~ng Ibis, ~d by the wmy~ l~ayor Jackson s~d she abstahmed ~'orn this becaus~ she had nol consulted ~ the rest of the Council. The vote passed even though there were ~vo abs~ensions and one no~ ~ayor 3ackson s~d before they use our revenue sharing up for the ~oun~, they t~ck the support for the l~fuseum and they would like a letter ~om each municipa!i~ stm~ng the ~i~ Oounci! is in support. }!ayor Jackson s~id ~e Oi~y is not being asked to spen~ ~y of its money ~rom the budge~. All that is being asked is thet Ooun'~ Oomn~ssicner would like a letter from the City~ asking them usc their money, lP[ayor Jackson s~d '~is ~s a steo Ln the right d/reckon because the Co~ty Commission used to completely i~ore ~e ci~es, .%'~r. DeLong asked Mayor Jackson if she would like to have the letter read. She said yes and i~r. DeLong read the letter from Dr. Enid S. Akhu-rst, Director of the Science i%~useum and Planetariurn asking for support through the ~unicipal League for further zncreased County s~pport. ~¥!r~ DeLong then moved to sc send the letter wvith no indication of financial support from tlne City of Boynton Beach~ felt. Roberts made a comment to clarify the City's support and Mr~ Harmening seconded the moidcn. ~¢~aycr Jackson asked if ~here was tony discussion. ADMINiSTPJCTIVE Consider Request of Recrca~on & Parks Board ~'~a or Jackson s~aid the Council is asked for consideration of the City to - 34 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEAGH. FLORIDA. !tELD AT CITY HALL. TUESDAY, JUNE !9, ig?B. cezastruct a bicycle path and giving direction tc the City administration for preparation of the plans and funds. Mayor Jackson said this would come up at budget time. Mr. DeLong moved to turn the request over to the City Manager in con- junction with the City Engineer to lay out the bicycle path and the amount of bicycle paths that they intend to ley out and to m~oke it a budge~ matter for ~s comma fscM ye~. t,ir. DeLong smd ~ey have these in every o~er mun~cipa~ty ~d he felt that Boyn~on sho~d move ahead. Mr. Wallace seconded tlme motion and Mayor Jackson asked if there was any discussion. Mr. Harmening said he recalled about three months ago when CourtW Com- missioner Johnson ~vas here on another matter, he alluded ~o $60 or $70,000. i~{ayor Jackson said thaUs on Congress and 6he reason he hasn't done it is that ~he trucks zre s~l] going over there b-~iding for Leis~e~lle. ~f~.~. Harmening asked if those funds were al! earmarked and allocated for improvement out there and we're only waiidng until the time ~s right. He furtl~er clarified that this is center,plated as an addition ~c the City project and t,{r, DeLong ccn~rmed +,hat it was. Mr. Wallace said ~n association with this he asked that t~he City Manager nots that it ~vo!ves requests from the neighboring communities, the areas ~d the outlines for various bike pa~as which ~ose cites have and those which ~ey plan to b~ld, h~e~liy: if it is not done in the ne~ future if we c~ be ~e cs~lyst ~at will have somehow formed so ~hat there are bike paths tha~ are connected from one of this counuf to the o~her wi~mJn these par~cular areas. ~,,fr. Wa~ace s~d that wifn care~ planing he felt ~at i% could be done, that those Oi~ m~q~cipali~es wo~d be over- lapping ~d 'gmey co~d very easily be ~ed into each other. Mayor Jackson said she thought it was a good idea ~nd she hoped it wouldn't be like the one in Lake Worth which crosses the highways, ezc. and l~r. Waitace said this is ~he reason for tying into the coun~ and so forth. !,[o~on carried 5-0. Mayor Jackson said the Board also vcs~nts a replacement for Mr. Jack Dunn, who has missed three consecutive meetings and they would like to have a high school student provide news representation. This should be done in September when the Recreation Board resumes its regular meetings. The Board would be happy to submit recommendations if~%~e Ccunci! sc desires. Mr. Wallace said he felt that £ae matter could be handled administratively. Mr. DeLong said he would lay it on the table until si least &~e middle of August as that would give m~f~cient time to shop around and try to get mn 35-- MhNUTES OF REGULAR GITY COUNCIL MEETING OF TPLE CiTY OF BOYNTON B~AC~, FLORIDA, HELD AT CITY HALL TUESDAY JUNE 19, 1973. appropriate appointment. Mr. Wallace said f/~is was the reason he felt it should be handled administra- tively, then he has ~dae directions as far as work ... Mr. DeLong said in other -words, the City ~¢anager doesn't make the appointment, ~ve do. Mr. DeLon~ said this should be pu~. on the Agenda for August. Mayor Jackson stated that this would be h~dled administratively Consider Request cf Charter Revision Commission Mavor Jackson said they are asking for three additional members; ~o people have resigned (Paul Startzman and Daniel Smi~h~ick) and one has m~ssed tb~ee consecu~ve mee~ngs (James Wilson, Jr.). Mr. Harme~ng asked if it v/ould be ~ order to accep~ these resigna~ons prior to the ~pointments. L~r. H~mening then moved tc this effect ~d Mr. DeLon~ seconded. Mr. Harmening s~d the Co,~cil ~ould like to express its appre- c~on for the ~ne services ~ai ~ese people have given ~d he hoped fhat the Oom~ittee %vould con~nue to ~nc~on ~ the integra. Mr. ~eLong repeated his second ~o the motion if ~' ' Harmening would ~n- elume to extend ,~/n~ usual Gertificate of Aopreciation and ?,/~r. Harmening so Mayor Jackson asked if there ~as any further discussion s_nd Mr. DeLong said he %vished to state for the record that he has served with both of lhese gentle- men cn the Charter ~,evision Committee for quite a length of tithe and their services to the ~ity have been laudatory. Mr. DeLong said he would tike to have that reflected in the minutes of this meeting. ~,iayor Jackson asked if t~here was any further discussion. Motion carried 5-0. Mr. Wallace said that in fotlov~ing through with usual procedures~ what has been done in the past, they also make a recommendation from the Char~er Revision Committee. The only name suggested ~o daCe by ~e Commission as a possible replacement is John F. Fitzpatrick Inasmuch as vge have asked the~ to submit the names that ~ay wo~d w~t in ~eir par~c~ar areas, do you v~ish at ~s time to ~I1 thai post,on? Mayor Jackson said fl~at's one name, does anybody have any more nmmes? Jal~ac~ said ~nas~,ucn ns we have askem them to suggest in the past and they did suggest this name: do you wish to act upon it at this time? Mayor Jackson said she believed they need a quorum If somebody goes on vacation, they don't have enough people ~o make a quorum. Mayor Jackson then asked someone in the audience what their quorum %vas. The ans~er was five people. There ~vas some further question about making a motion. - 36 - L'~NUTES OF REGULAR CITY COU!qCIL klEETiNG OF THE CiTY OF BOYNTON BEACH, FLOI~IDA~ HELD AT CITY ~A_LL, TUESDAY, JUNE 19, 1973. Mr, Wallace moved that D'[r. John F. Fitzpatrick~ 101 S.W. 4th Avenue~ be appointed to the Charter Revision Com.~ttee. l,'ir. Roberts seconded. Mayor Jackson asked if s~ybody had other names they would like to suggest and i;ir. Roberts said he would have some at the next meeting, ivfayor Jackson said the Council would just vote on this one. l~io~ion carried 5-0. Mayor Jackson asked if ~2qis item should be tabled for further consldera~.on of the other tree. i'Jr0 DeLong moved to that effect e. nd ~vir. H~mening seconded. Carried 5-0. Conside~ Appoin~nent of Resident ~!ember to 1. Board of Trustees, Police Officers P~e'~rement Trust Fund 2. ~oard cf Trustees~ Municipal Fireman's Pension Trust Fund Mayor Jackson said the appoin~nent to No. 1 above is Mr. John Howell and the appointment to No. Z is ~vir~ ~ichard Deingelo. Mr. DeLong asked if these t~vo present members whose term has expired have any inclination of their right to continue t~heir service. Mr. Wallace said it was assumed ~at ~ey ~d because usually ~e appointment is coming back wiE~ a request made to the Council. These people are usually contacted beforehand or as has been ~he procedure in the p~st~ ~ese people have been contacted as f~r ms bo~d members are concerned and usus/ly ~ ~e~ term has ex, ired, a la,er of resignation is submitted if ~hey~re not interested in serving again, Mr. DeLong said~ in otlner words, we don't have e_nyt~i/ng further with this so far as their desire to serve? ~louldn't it be approrpiate to wait ~1 such ~es as ~ey contad~ us. Mayor Jackson s~d ~mey usu~ly sub,it a resigna~on. ~r. DeLong said ~om his o~n obssrva- ~on bo~a of these gentlemen have served ~ae Ci~ ~11 in the past ~d he ~ouEht the Ci~ should extend a courtesy to ~em to find out whaler or not they wish to con,hue. Mr, Wallace asked if Mr. DeLong would make a motion that ~ey be reappointed contingent upon whether they will accept, lvfr. Wallace seconded the motion. Mayor Jackson asked if there was ~y ~scussion and ~'ir. SLmon s~d he had a resolu~on for that if ~he Council wishes it to be r~ad. It was decided ~mong Co~cil not to read the ~esolution at ~his ~me, but at ~ next mee~ng, l~o~don carried 5-0. List of p~yments Made in May Mr. Wallace moved to accept the payments made in the month of l'Jay~ 1973 and Mr. DeLong seconded the motion. Carried 5-0. - 37 - MiI~UTES OF P~EGULAR CITY COUNCIL M~ETiNG OF THE CITY OF BOYNTON BEACH FLOP. IDA~ HELD AT CITY w ',"~ .... , _.~, TUESDAY, JUN~ 19, 1973. Mr, Wallace asked if ali the bills were in order and Mr. KoFJ answered ycs. There was some discussion between Mr. Roberts a-nd I~/Ir. H~mening abou~ bills ~d Mayor Jackson s~d for ~e record she was going to read wha~ ~y were: Badger Meter, Inc. Hemvkins & Hamilton ~usseil & Axon Job ~-~6858-3-1, Lnv. ¢7:2 Job ~6858-8m-!Ii&CP, inv. ~3 $I, 555.00 1,007.50 7,500.00 10,~ 195.09 The above bills have been approved and verified by the depa~rtment heads involved; checked and approved for payment by ~he Finance Director; funds are available in their respective out,ets. Mr, Roberts moved to accept tlme recommendation Df the City Manager~ ?/ir Kohl ~d the Finance Director~ }.,,Ir. Ptyr~_. Mr. DeLong seconded the motion. ~iayor 3ackson asked if tl~ere was any discussion. Motion carried 5-0. ~TH~R Mr. Simon asked ~ke Council if they had the letter from l~/ir. Ho.hngswcrth regaronx~.g Blueprint Construction Cc. Mr. Wallace said that he would state at this particular time~ he thinks it behooves Cae gentleman in the other parW according ~e the City Manager and the Government officials and so ferric, there are no grounds as far as this area specifically is concerned. Ivir. Wallace said as an individual, he'd like to see it left in t_hat fashion. He didn't tI~ink any action of the Co ~uncil Mr, DeLong said he was going to second but there is nc action. He said let us run a chance in view of tab. is estoppel if they so desire. Simon said as ti~e City Attorney he should bring any matters such as this DeLong said to Mr. Simon ~at he wilt ~nd m~_y times he has a rm~- a3~ay Comnc~ ~d it won't d~penC upon ~e ad%dce cf ~e City A~rney~ used to that. ADJOURNMENT ~V=llace moved to adjourn the meeting. Mr. Wallace seconded the motion. Carried 5-0. ,ae~ting adjourned at 10:30 P.M. - 38 - 2!,~NUTES OF ~GIJL,-~R CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH: FLOP~DA, HELD AT CITY HALL, TUESDAY~ J~E 19, 1973. CiTY OF BOYNTON BEACH~ FLORIDA ATTEST: Ci'~ Clerk Jc David Roberts, Councilman Edward ~. Harmen~.n~ Forrest L. Wallace, Councilman - 39 -