Loading...
Minutes 06-11-73MIN]dTES OF SPECIAL MEETING .OF CITY COU~NCIL OF THE CITY OF BOYNTON BE~.~CH, FLOP~IDA, HELD AT CITY PSALL: MONDAYs J~NE !1, 1975 AT 4:37 Re. ~LNOR CO~POP~ATION (Golf View Harbour) PRESENT Emily M; Jackson, Mayor Joe DeLong, Vice Mayor Fo~rest L. Wallace, Counei!~an Edward Harmeniix3, Councilman FrankKohl, City Manager T~eesa Padgett, City Clerk E~nest Simon, City Attorney ABSENT David Roberts: Councilman Mayor Ja~son called the meeting to order at 4:37 P.M. and turned the floor over to the City Attorney~ Mr. Simon. bit. Sin~n said at the last meeting the City Council took certain action which together with previous action wac all incorporated in a draft of an agreement. He said the Council had two drafts -- one is the draft dated June 6th that each member had a photocopy of with the notes written in. He said the only changes between the two . ~5. The one ~nange made ~rom drafts would be on Page 3, Paragraph ''~ the previous draft was to express and state a minimum square footage of 2~500 square feet. At the bottom of Page 3, which is the very end of Paragraph 7 was added ~additional provision with regard to being roofed over and dried in,~' which would set the stage and at that stage~ Certificates of Occupancy wonld then be issued, the lands zoned to be re-zoned R2A. For the purposes of today's meeting, ~4ilnor Corporation ~shes to propose an amendment to Paragraph ~5. ~.ir. DeLong asked if it was a substitute amendment. ~r. Simon said it is an amencknent merely because o~ the language in it. Paragraph ~5 as originally drafted ... he then asked ~ro ]%ohl if those original copies of the new draft were distributed today. ~. Xobl said that question was just asked of Mr. Simon. Mr. Xohl said he never kn~w anything about them. Mr. Simon then asked ~4rs. Padgett i~ they were delivered today. ~4rs. Padgett said indications were that they were delivered to ~,1r. Kohl and ~ir. Kohl said he would go do%~n and see because he was tied up alt afternoon and didn't have an chance to go through his '~In~ file. Er. Simon said there's no real problem because what you have before you is the very same thing. It was typed up f~om the draft that the Council members had before them and the only re-typed section was Page 5. In either case it reads the same. Mr. Sin~n said you %~11 note at the very top of Page 5~ the agreement is that ~lnor shall const-~uct at approximately $55,000 a clubhouse MINUTES OF SPECIAL MEETING OP CITY COUNCIL OP THE CITY OF BOYNTON BEACH: JUNE ll, 1973 containing not less than 2,5~O~;square f~e~ plus_.a swim~.'ng pool. That first sentence i$~ the Oni.~ change, That ~i~rst sen=e.nce changed and altered ~_Y two proposed sentences whi?h he thought the Council membems had a Copy ~f on the draft or raragrapn ~-,~5 attached to the Agenda. ~.~. DeLon~ ~oved to accept the amendment in Paragraph ~5 and that the agreement as amended b.e executed. ~r. DeLong said he said this in view of the fact that the orga~ization over there, Golf View Harbour Association, has agreed to this amendment and they are tl%e people who have to live with it. Mayor Jackson repeated the motion and Mr. Wallace said he thought she had stated the motion incorrectly. He asked ~. DeLong to repeat his met-ion again -- which he did. Mayor Jackson asP~d for clarification. Mr. Simon said he would try to explain. He asked if each member of Council had a copy of the letter f~om Milnor Corporation on their letterhead, signed at the bottom by the President of Golf View Harbour. ~tayor Jackson said yes. }~. Simon continued ... Stated in there is the Paragraph ~5 as pro- posed by them and the difference bet~een what is in this letter as against what was in the d~aft that you had befome you last Tuesday -- it is only in the first sentence of the old draft that you had last Tuesday night to be replaced by the first two sentences proposed in this letter with the Milnor Corporation letterhead. Mr. Simon said the previous draft provided for construction of a clubhouse to cost approximately $35~000 to contain not less than ~:500 square feet, plus a swiping pool -- having to mention the 20 x 40 feet. The proposed change is construct a clubhouse and pool, all to be constructed at a maximum expense of $35,000. The second change is that the dimensions of the pool will still be 20 x 40, but the dimensions of the clubhouse will range from 1,400 to 2:500 squar~ feet~ the size of the clubhouse depending on what can be built within the total $35,000 maximum conm]unity expenditure. That is the dif- ference, the two sentences that I (Mr. Simon) just read from the letterhead to replace the first sentence in the previous draft. Mr. DeLong said we already had taken action and amended Paragraph ~7 to include '~and roofed over and d~ied in.~ That won't be necessary in this particular motion. ~. Simon said that was already taken care of. Presumably, this was submitted tO Milnor Co~oration and Milnor has come back %~th a counter-offer. The counter-offer is they accept to change Paragraph ~5. i~zINI1TES OF SPECiAL ~iE~TING OF CITY COUNCIL THE CITY OF BOYNTON BEACH~ J~ 11~ 1973 ~ayor Jackson said the n~tion is that we accept the $35,000 which would include the pool, 20 x kO, and the dimensions of the clubhouse ~lll range f~om 1~%00 to 2,500 square feet. T~his was suggested by the Golf View Harbour~Home Owners Association -- that they would be willing to live with~ this. ~ir. DeLong said yes, but he would like to have the letter read. ~ayor Jackson read the letter ~or the record. (Copy attached) l~!~. Harmening seconded the motion to accept the counter-offer made. l~totion ca~ried 4-0. Nn~. DeLong said he had one piece of very important business which he thought should be taken up at this pa~ricular meeting. He said he has been looking over the Revenue Sharing Ordinance and he found out that an error had been made in view of the fact that it has not been earmarked as Federal Revenue Sharing. He said we also have a State Sharing but the State sharing has been earmamked and has been a]]oeated to the General Revenue Fund because the State sharing is motor fuel,~ax and cigarette distribution tax and the both cannot be co-mingled. The original ~inte~tion was for Federal Revenue Sharing and he said that h~ believ~d~ [~'. Simon could bring this in as an emergency orcLina~c~e because the health and welfare of tit_ zens depend upon it. ~.~. DeLong asked if this was correct. l~ir. Simon said yes. ~ir. Delong moved that Ordinance 73-15 be amended to read ~Pederal Revenue Sharing. ~ ~?~. Simon said he would like to cheek to see whethe~ it can be amended by an emergency ordinance. Mr. Wallace seconded the motion. Piayor Jackson repeated the mOt~£on that Ordinance 73-15 be amended to read ~Federal Revenue Sharing~' and by emergency ordinance if possible, contingent upon the okay from Mr. Simon. She asked if there was any discussion. Mr. Wallace said if it cannot be done and if it's going to take another 30 days for the ordinance~ can we go about it administratively and take ~X~ thousands of dollars ~rom Contingency or wherever and throw it in. He said, of course: it ~11 simply be an exchange of paperwork, but that way, it can go ahead and be moved o.. ~ir. DeLong said we can earmark enough funds and pay it back. Mayor Jackson asked if there was any other discussion. She added -- let's have it understood that this was to be handled administratively if this cannot be done by emergency ordinance. - 3- ~lq~dTES OF SPECIAL ~i~EETING OF CITY COUNCIL OF THE CITY OF BOYNTON BEACH~ J~NE 11~ 1973 There was some discussion about the term, ~andled administ-rativelyr~ and it was clarified to mean financially so that there %~11 not be any delay. ~iotion carried 4-0. }~ir. Wallace said if theme is no other business -- he moved to adjourn. ~. DeLong seconded the motion. ~eeting adjou, rned at 4:50 P.~. CITY OP BOYNTON BEACH, FLORIDA Emily }~£.~ acks o ~,~.{ayo r ATTEST: City C!e~ Poz~est L. Wa!_ace, Councilman -4- 51560 SOUTHWEST I4th STREET P.O. Box 1480 BOYNTON BF~CH, FLORLDA 33435 PHON~ 732~040 June 7, 1973 l~ayor Em/ly H. Jackson City Hall 120 N. E. Second Avenue Bo~nton B~ach, ~lorida 33435 Dear Hayor Jackson: We, Golf~iew~arbour Hom~owmers' Association, do hereby appzove of the followi~paraEraph to be inserte~ in tha AEreement between the I~zLlno= Corporation.and the City of Boynton Beach regarding the clubhouse site: ~ 5. .Plaintiff, I~ILNOR COKPORATION, agrees to construct at its expense a clubhouse and pool, all to be constructed at a maximume~pense of $35,000..The dimensions of the pool ~fllbe 20 feet by40 feet, but the dimensions of the clubhouse will range from t400 to 2500 square feets the size of the clubhouse depending on what can be buil~ within ~he total $35,000maximum ~o~_tted~exper~iture. The clubhouse a~ pool facility shall be constructed ~mitb/~ the area to be rezoned R-2 as desuribed in Paragraph 3 (c) above. Upon the issuance of a certificate of occupancy by the Defender, CIT~OF BOI~NTOM BEACH, for the club- house and s~4~poo! facilitT, ~he Mlaintiff, ~IL~OR CORPORATION, shall convey in fee simple title the properties to be rezoned R-2, as described in ~ara~aph 3 (c) above~ to Plaint~f, ~OL~%~/~6 FA~BOU~ESTATES HO~0WNERS' ASSOGIATION, INC.~ by statutory warranty deed, free and clear of all encumbrances end liens of ~hatsoevar Dature, said deed to contain the restrictive covenants ~escribed ~aragraph 6 below. Saiddeed sb~lI be prepared and r~cor~e~ at the expense of the ~laintiff~ ~IL~NOR CO~ORATIO~. /cad Sincerely, Scott R. Daby ~resident~ Golfview Harbour ~{omeo~ners' Assoc. Phone - 737-0446