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Minutes 06-05-73~'LIk~dTES OF REGULAR CITY COU~CIL i~ETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY F2tLL, TUESDAY, JUNE 5, 1973. PRESENT Emily M. Jackson, Mayor Joe DeLong, Vice David Roberts, Councilman Edward P. Har~ening, Councilman Forrest L. Wallace, Councilman Frank Kohl, City Manager Ernest G. Simon, City Attorney Tereesa Padgett~ City Clerk I~yor Jackson called the meeting to order at 7:31 P.M. She welcomed the audience and asked them to rise for the invocation, given by City Manager, Fmank Kohl, followed by the Salute to the Flag, led by John Flynn, Finance Director. Announcements Mayor Jackson announced that there wou~d be a p~esentat~£on by Mr. Joe Collie~, District Manager of Florida Power and Light. 1~. Collier said it was his pleasure to make the presentation of the f~anchise payment to the City of Boynton Beach. He said that.he %~uld ~ike to share some significant information with everyone ... ~a%d that this year's check was in the amount of $157,228.82. He said this was an increase of 35.7% over last year, which %~as even above expectations. This %vas a result of having added 1,400 resi- dential customers and 547 commercial customers iinside the city limits of Boynton Beach. He presented a letter to ~yor Jackson and-the City Council, explaining that the money was already in the hands of Mr. Flynn and in the bank and thanked them for rheim continued coopera- tion, saying he looked forward to next year. ~iayor Jackson said she had another announcement to m~ke concerning the meeting. She said that due to the length of the agenda, which was vez~y long due to thmee weeks lapse since the last meeting, causing the items to take a lot of discussion, if they were not a3_most tt~ough with the a~enda by approximately 10:00 P.~., there would be a recess and the meeting %~uld reconvene at 3:00 P.M,, Wednesday afternoon. The meeti~iin the afternoon wouldnot interfere%~ithany Of the Board meetiDgs held at night, not mean extDa hours for th~C~ty em- ployees who-are necessary to be here, for those on the Council and the people who haue to work the next day -- it makes it so that they will not be kept up very late at night. MINI~ToS Special Meeting - May 4, 1973 (On the Table) Mr. Roberts movedto take the minutes ~om the table, seconded by ~. Wall aec. ~t~on cart_ed 5-0. Mayor Jackson asked if there were any corrections or omissions and Mr. DeLong said on the first page, second paragraph, half way down Consider request of Community Appearance Board -- ~signed ordinance should be "sign ordinance.~ - 1- ~NUTES OF REG~dLAR CITY COUNCIL MEETING CITY OP BOYNTON BEACH: FLORIDA J~NE 5, 1973 Wallace moved to adopt tbs minutes of May 4, 1973 as corrected. Roberts seconded. Motion carried 5-0. Minutes- hay 15, 1973 Mr. Roberts said he had one small correction in which he quoted figures on Page 27, regarding increase in population in the last big paragraph, six lines down -- ~The population has increased some 70%. ~ The population in 1960 was a little ove~ 10, 000 -- that figure sho'~ld be increased some ~2Y0%~. Wallace moved to adopt the ~dnutes o~ May 15, 1973 as corrected. Harmening seconded and the motion carried 5-0. i~'~nutes - Special Meeting May 17, 1973 Mayor Jackson noted that -the meeting began at 4:55 and adjourned at 5:13 P.i~. ~ir. Ha~mening nDved to adopt the minutes of Special Meeting of ~y 17, 1973 and Mr. .Roberts seconded. Motion carried 3-0. Mayor Jackson and l~ir. Wallace abstained because they were not present. PUBLIC AUDIENCE Mayor Jackson acid that since this was a lengthy agenda, she was going to ask anyone who had anything to speak on that was on the agenda to come up and 9-ive their ne~aes and the item number to Mrs. Padgett. This did not pertain to Public Hearing. She then invited anyone who %~ished to speak on something that was not on the agenda to come up and speak. Tony ~'~alotke, 1380 S.W. 28th Avenue said he was very disappointed in the Building Inspector's salary. He said there was a little problem and if the Council will consider at some date to upgrade these people, we might not be losing th~n as fast as we are. He said that those who sign up only wait a~ound until they find something better. He cited a building inspector he knew to be a very qualified person, who~s salary was quite low. He asked the Council to consider the situation because the City is concerned ~th nothing else but buildings He said if we get people working for the City that are qualified as far as zoning: this is fine -- but the persons taking these jobs are qualified to be building inspectOrs. O. T. McLean, 906 S. Federal and 911 S. Federal Highway, said he would have to request to speak on the agenda rather than as requested bec.ause certain things came up which there has to be a z~ling on -- from Councilman Wal%aoe through 1,iayor Jackson. He said he wou~d like to bring up something under :~Leqal Other~ which was not on the agenda and asked if it was correct for him .to do so. He asked for Mr. Wallace to answer through Mayor Jackson. k~. Wallace said as far as he was concerned, any time as far as votes of menders of the Council ... - 2- MIkrdTES OF REGULAR CITY COUNCIL M,~ETING CITY OF BOYNTON BEACH, FLORIDA JUNE 5, 1973 ~.iayor Jackson said that Mrs. Padgett was putting it down and Mr. McLean said it was under WLegal Other~ -- not on the agenda. McLean said that on Item 6-2 -- he apologized that he had to get a ruling on the '~Legal or.her~ question first -- he then relented to a statement n~de by ~. Collier of Florida Power & Light and quoted Mr. Collier as saying that the franchise payment to the City of Bo~a~ton Beach is 35~ over that of last year. Pi~. McLean stated that the 35% increase was due to the building and construction~ etc. that this Council has been fighting so adamantly since January 1973. He then addressed the audience and said that is where our money comes from -- business and building and when anyone comes up and complains about living next to a buildin~ that is polluting their home to please pre,ace thei~ statement as to wheth~ they or the building was there first. Mr. ~icLean went on to say that there were several items he would like to bring up -- one of the basic items that is very important today is why has Leisureville expanded unabated in expansion, 9u~owth and development while all other ~Onstruction in this City has had thumbs do~n while this Council was in office. He requested an answer in detail. He then directed ~nother question to Mayor Jackson. P~ayor Jackson asked if she could answer the first question first ... In 1969 before she %~as on the Council (and before any present meJn- bets were on the Council), Leisureville was accepted in concept. She said we are only accepting it after they have had preliminary hearings and so forth. ~r. McLean said her answer was well taken and he would carry it one step ~urther and state that the same situat-ion exists %~ith Lehigh Corporation -- the precept was accepted and voted in last year. What applies to one applies to all ... or it applies to none -- but that hasn't been the way it's been werking. He said one other ques- tion he would like answered tonight which was very important to him at this particular stage of the gsm~e -- and he asked Mayor Jackson how she used the $100 cash he gave her for her political campaign when she ran for office. Mayor Jackson said she didn't believe he gave her any money. Mr. McLean then cited a time when he and someone else went to Mayor Jackson's home and the Mayor said yes and she remembered returning a check to him. Mr. McLean said they gave a check to Col. Wehre!l and he returned it. Mr. McLean said we called you (Mayor Jackson) up and you accepted $100 cash -- how did you use that? ~.iayor Jackson said she did not use it. He then asked Mayor Jackson if after she was elected if she did not give him $100 cash for his legal defenses to which she answered yes, that she tried to ~o to court for him. He said she did not list it on her eont-~ibutian report. - 3 - }~NUTES OF REGUL~ CITY COUNCIL ~BTiNG CITY OF BOYNTON BEACH: FLORIDA JU~E 57 1973 Mr. McLesa~ then asked Mayor Jackson why she called the newspaper repoz~ters prior to this last election and asked for them to run a picture of John White which ~-~yor Jackson denied. Mr. Roberts interjected and ~:ir. McLean then said it was no business of Mr. Roberts to be involved in his personal business. May~r Jackson asked if there was anyone else who wished to speak. Melba Bruce~ 1820 Tomato Road~ just off High R/dge Road, said we got an order against the No~th Boynton Industrial t~act and they can work only on the tract. They have proceeded to clear right do%.~n to Miner Road ... they're hauling f~ll out. For the last two days~ there have been trucks hauling every 3~ minutes and she asked if they had a f-ill remmval pez~[t. She said they would say they're grading~ but under this order they were only permitted to remove from their own property or establishing a road for the municipal water lines. Mr. Taylor mentioned this before Judge Hewitt -- that he had these water lines to get in from North Seacrest and he said he would requi~e to move on this road -- that is due east of their tract. They have put in the road bed for Lehigh Portland C~-~nt. They have graded all the property for Lehigh Portland Cement which is in the S.E. corner of the property and they've gone all the way down. Can they be per,air, ed to do this? Mayor Jackson asked ~. Barrett to answer the question. Mr. Barrett said to the best of his knowledge, Florida Pneumatic Comporation o~n~s the full $0 acres. Whether they have sold something off to Lehigh or anyone else, we know nothing about. There is a court order restraining anyone f-~om interfering ~th the activities of Florida Pneumatic Corporation and their development as pa~t of their land. I~m going on this basis and if it's necessary for them to bring down their grade to develop thair part, I think this is permitted. Mrs. Bruce asked where they got the court order -- they got it for their own 5 acres -- I heard Judge Hewitt personally. Mr. Barrett said he didn't think the court order mentioned just 5 acres. It said entire Florida Pneumatic Corporation -- anything relating to Florida Pneumatic. There was some discussion between Mrs. Bruce and Mr. Barrett as to the number of acres and }/~. Barrett said no one has proved to him that they ova~less than 40 acres. Mayor Jackson said that was a court case that Council can't get involved in. Mr. Ezell Hester came up and said from reading the newspaper, he had one question as a taxpayer. He asked Mayor Jackson if it was true ~I~NUTES OF REGULB/I CITY COUNCIL ~ETING CITY OP BOYNTON BEACH~ FLOP~IDA J~NE 5~ !973 that she had an office in City HAll. Mayor Jaclcson said it was t~ue -- for the purpose of signing checks or receiving visitors. She did not spend all her time there, it was used by others in City Hall and she asked ~. ]~ohl for verification which he acknowledged. k~r. Hester said he never heard of this before where it was necessary to have a place just to sign cheeks and Mayor Jackson said that before Mr. Flynn came, she sat at his desk and was moving all around in different crowded places. She said that most other cities do have an office. Mr. Hester said he thought this was just a ceremonial position and Mayor Jackson said she had spoken to Mr. Barrett about geLLing a table in there for conferences too. Mr. DeLong said he would like to add that he didn't believe there was an adjacent municipality that did not p~ovide an off-ice for the Mayor ~ith the City Council Manager form of goverwnent and furthermore, there are several munieipali-~ies that provide the services of a full- time secretary to the I4ayor. Mr. Hester said to Mr. DeLong that we can't third~ about what you're used to seeing do%~n in Boca Retch and after some discussion betv~en Mr. Hester and ~ir. DeLong, Mr. Hester said he was just trying to find out if Mayor Jackson had an office. Mr. DeLon9 said even little Ocean Ridge provides an office for their Mayor. Mr, Hester said he didn't care about Ocean P~idge, he lives in Boynton and he just asked a question for a point of information to which ~Z~yor Jackson said she answered. ~rz% Eddie lditchell, 329 N.E. 12th Avenue, said this is really out of the question and asked what it costs to run ~yor Jackson's office -- this is taxpayers' money. Again, in the City of Boynton Beach ... and I don~t want to even hear about what happens in other towns ... the City of Boynton has gone just the opposite of all other to~ns as far as progress is concerned. As soon as something comes up that affects this Council, you start talkin9 about other towns. He said it seems thatall the other towns a~e progressing quite well, while Boynton is trying to stand still or go back. He asked the ~iayor what it costs to operate her off'_ce and she replied that she didn't believe it costs anything extra. Mr. l~tchell said that the City Manager is supposed to operate the government administratively and it seems that the Mayor is there more or less to preside at the meetings and ceremonial activities. He asked if it was necessary for ~myor Ja~son to have an office to sign the employees~ checks, 5 hil~dTES OF REGU. LAi~ CITY COU. NCIL ~iEETING CiTY OF BOYNTON B~A~H~ FLO?~DA J~NE 5~ 1973 M~yor Jackson said she gets a lot of phone calls there too and ~. Mitchell asked if that was necessary. ~s. Jackson said no, she'd been getting them at home for years. ~r. I'~tchell said he felt it was a waste of tazpayers' money for Mayor Jackson to have an office and that the Council was keeping the progress of Boynton down. Mr. Fred Kostner, Member of the Zoning Board, said that we just heard e few moments ago that the City grew 270% -- and that should warrant an office for the l¥Iayor (who should have had an office from the be- ginning). He disputed the fact that someone came up and took the Council's time to quibble about an office space. ~. ~tehe!l answered that he felt it was the ~ight of a citizen to question anything that goes on in the City of Boynton. I¢~. Hester ee~%e up again and said it goes back to the decorum thing. ~4r. Kostner didn't need to make a rebuttal. He said everyone had to be ~eated alike~ not whether they are for you or against you -- that all citizens of this con, unity should be allowed to spe~. ~ayum Jackson said she believed more people have spoken against her than for her and since there was a hearing at 8 o~clock, she was trying to give everyone an oppoz~cunity. Mr. Hester said the rebuttals were causing the meetings to linger longer ... that he was wrong and k~ayor Jackson shou_ld have stopped him. He then criticized ~ayor Jackson for the manner in which she presided over the meetings, fotlo~d by some discussion about the way the meetings were handled in general. Mr. Elmer Davis, 7383 High Ridge Road~ said he wished to amplify the previous statements of ~{rs. Bruce concerning the order of intervention which was entered and resulted in Judge Hewitt~s issuance of this order of May 3rd. This was that we could not forbid truck traffic on High Ridge Road, south of Hypoluxo Road -- t~uek traffic relating to the completion and the operation of business oonducted by the Florida Pneumatic ~nufaeturing Corporation. He said we understand and inter- pret this to mean that Floaida Pneumatic may develop its i~mmediate territories which have been defined to us as the immediate 5 acres on which this factory resides. He asked that the Council instruct P~. Barrett to find out what the ownership is because it was their understanding that this commercial and industrd~l plot was divided into four different ownerships. Mayo~ Jackson said she thought we were getting into a legal thing and that Mr. Barrett would have to talk to ou~ City Attorney about this. F~. Davis said he v~shed to have this area defined as it was thought that Judge Hewitt~s order clearly states that there can be no work - 6 - [LIgnITES OF REwGLtL~I~ CITY COLLNCIL 1-".~ETING (I[TY OF BOYNTON BEACH, FLORIDA ~dh~E 5, 1973 and no activity outside this i~-~ediate five acres on which Florida Pneun~tic resides. Mayor Jackson said that ~'ir. Barrett could get together with Mr, Simon if there was any question and Mr. Davis asked Mayor Jackson to instruct Mr. Bar~ett to find out the ownership and delineate the actual boundaries of Florida Pneumatic and asked for it tomorrow. Mayor Jackson said he ~ould check it out, but Mr. Barrett said he could not have the infoz~ation the next day. Mr. Simon said if he might anticipate one of the questions -- it was his understa'ndio~ Mr. Barrett has already made an investigation and determined that ail the land is owned by Florida Pneumatic and if the gentleman feels that is different and if he has any ?rind of evidence or basis to feel other~dse, it might help to expedite if he could furnish us with the information sho%,~ing as to how the other owns the land. Mr. Davis said t~here is good evidence ... apparently Lehigh thinks they own part of it. Mr. Simon said that Mr. Barrett has already given .his determination and if he finds the same thing tb~t Mr. Barrett finds in the records, ~re still going to say the same thing and you may say something contrary to that -- so if you have any different information or evi- dence otherwise, it ,might be helpful to expedite to have the informa- tion that you have. PUBLIC HEARING - 8:00 P.M, Consider Request for Abando~ent of Portion of Big Bass Waterway -- Milnor Corporation Mr, Joel Daves, la%~er representing ~r. Michael, explained that l~ir. l,~hael was not able to be present this evening. He said he believed that tall these matters relating to i~lnor Corporation have been sub- mitred to the Pla~ng and Zoning Authority and other respective authorities of the City. He asked ~.~. Simon to correct him if he felt it was necessary. Mr. Simon said he believed the Public Hearing was in ~egard to strictly the abandonment and he believed that matter was referred to the Plan- ning and Zoning Board and there is a recommendation of City Council, as well as being heard this eveD/ng -- abandonment. The other matters are not involved as far as the hearing. ~,ir. DeLong asked about the agreement and l~ir. Simon said we have three drafts of the agre~nent. Kohl asked if he might ask ~z.r. Barrett a question -- as to whether Daniel O~Brien, our Surveyor, es~ in with our development utility plans~ in regard to this matter. MINUTES OF REGUtAR CITY COUNCIL MEETING CITY OF BOYNTON BEACH, FLORIDA JUNE 57 1973 Mr. Barrett said not that he knew of ... unless he presented them to Mrs. Padgett late this afternoon. There was some discussion as to the plans that Mrs. Padgett had. She stated that subject plans had no bearing on the request for abandonment. Mr. Wallace said if it is privileged to discuss then I think Mr. Clark previously checked out most of this information when we were sitting here previouslyat some of these meetings and if all of this checks ~ut and everything is in order and in following procedure that there is someone in the audience that wishes to speak against it ... Mayor Jackson said we have the flood control district, the Lake Worth D~ainage'distriet. She asked if there was anyone in the audience who wished to speak against this ... apparently not. Mr~ Roberts moved on the abandonment of this waterway: based on the letter from the County dated April 25th. The~e are a few stiPulations~ but outside of that: he said he didn't see any objections. Mro DeLong said he would be glad to second tbmt motion if Mm. Roberts would include the recommendations of all concerned -- there were quite a few on there and Mr. Roberts agreed. Mayor Jackson asked if there was any discussion. Motion carried 5-0. Consider Request for Conditional Use of Parking Facility, Medical Arts, Ine. Mayor Jackson asked if there was anyone wishing to speak in favor of this. Mr. Sam Phillips identified himself as a lawyer representing Medical Arts: Inc., who had made application with the City for the g~ant of conditional use for the parking facilities adjacent to the medical clinic across from Bethesda Hospital. He said they had appeared before the Planning and Zoning Board on May 17th and they have approved this grant of a conditional use. Mr. Phillips said he was present on behalf of this group of doctors across from Bethesda Hospital to endeavor to get the Council to likewise lend their endorsement to the granting of a conditional use. Mr. Phillips said it's rather an involved propo- sition. He realized there was a heavy agenda, but it was highly important to everybody concerned and he asked for the Council's indul- gence while he went into the factual back, round. He said that the matter has been in litigation in the Circuit Court and Judge Downey, Circuit Judqe in and for Palm Beach County~ ~s ruled on the matter and remanded it back to the City Council for the purpose of our seeking the granting of a conditional use for the parkin~ facilities which are adjacent to the medical clinic located on Seacrest Boulevard and 1st Place. M~. Phillips said he would like the Council's indulgence to look at a diagram he had on the blackboard concerning three parcels of land and a larger parcel. MIhrdTES OF REGULAR CITY COUNCIL ~.ETING CITY OF BOYNTON BEACH~ FLORIDA ~RJk~ 5: 1973 Mr. DeLong asked Mr. Phillips to let everybody see the blackboard: that the same thing 9~uldn't happen as at the Planning and Zoning Board meeting~ where only the Board members were able to see. MP~ Phillips said he would do the best he could. so Mr. Phillips then wen= on with his presentation, indicating the various sections of his diagram~ He said this property is located immediately across from Bethesda Hospital. In 1961 Dr. Astler -- he ~asn't in with a group of doctors at that time -- applied for a building permit and built a medical clinic on what is known as Lot 10. There are three parcels of land involved ~ Nos. 10 ~ 11 and ~hen an ~numbered parcel to the rear which is the parcel in contr, overs, y. .In 1960 Dr. Astler decided that he wanted to bUild a medical clinic i~mediately across from the hospital. He went to the City and at that time this land was zoned residential. He applied to the City for the right to erect a medical clinic. He was granted permission to erect the medical clinic. You had a classifica.tion at this time (1960) that this ~as zoned R-G -- bUt in the early fall of 1960~ you also hada changeouer and went into R-2. At that time you couldn't build a medical clinic in an R-2 or R-G as it was known then~ without a conditional use haying been granted by the City. A conditional use is not like a variance -- you don't have to show s hardship -- ' 1.t s for hospltals, mod%cat olElcs -- things that have somewha~ of a quasi-public interest. At that ti~e when Dr. Astler asked to go ahead and ere~.t the medical clinic~ he BMked speci~i- cally~ did he have to have a conditional.~ ~se 'granted. The City said no, you go ahead and erect the medici clinic on Lot 10, even though it was zoned R-2 (for all practical purposes) which only permits a medical clinic upon a conditional use being 9ranted, He did this amd this has been stipulated in the trial a~d it's i~ ~ records by oppOsing counsel that even though he requested they said there was no need to~ have a conditional use ... thereafter, there was an apothecary operated by Mr. G~een emected on the lot adjacent which is zoned R-3. In R-3 you can build a medical clinic without any conditional use being granted. So that is the condition that existed in 1971 when these doctors came to the cone!usion that they wanted to expand the medical facilities there and open this apothecary located on (or dru~- store) Lot 11. They were putting a 2-story addition on, buildin9 around the drugstore for the purpose of a medical clinic. In February o~ 197I~ they applied to the City of Boynton Beach~ asking for a building permit to erect that medical clinic. You had an ordinance in the City of Boynton Beach which has been upheld by the Circuit Court° It says as follows ... now this is an unplatted sub-division, but the ordinance says ... as you can see you have three different zonin~ classifications. Lot 10 was R-2~ which only permits medical clinics upon a conditional use~ but it was ~ranted back in '60 -- the Council said he didn't need it. Lot 11 was R-3 which permits a medical clinic. This little triangular shape to the rear here which adjoins these was zoned R-]AA. When Dr. Astler or Medical Ar~s, Inc. ~ as they are known because they're a group of doctors~ applied to the City for a building permit in February~ 1971: the City Attorney -- or first the Building MIR~dTES OF REGUL~ CITY COUNCIL MEETING CITY OF BOYNTON BEACH, FLOP~DA JUS~ 5, 1973 Inspector -- determined on the advice of the City Attorney that your ordinance home that says that if you have a parcel of land that's divided into different zonin~ classifications (this only ~m~kes sense) that the zoning classification of the larger portion will govern that of the smaller portion -- makes no difference whether there's two, three or four. Lot 10 was far larger than Lot i1 and, of course, the triangular shape was much~ much smaller. The City Atorney based upon the construction of that ordinance, said -- Lot 11 permits a medical clinic by the R-3 olassifieation~ Lot 10 has been in existet~e as a medical clinic since 1960 and we in the City permitted Dr. Astler to erect a medias/ clinic on it. Therefore, I determine that the lazx3er portion is zoned for medical clinic purposes and therefor~ they could use this small portion to the rear as part of the complex. Now~ the medical clinicts not on this, but there's a parkin~ ~aeility there. You've got off street parking obliqations in this City -- yon say if you're going to erect a medical elimie and the people in there~ you've got to have a place ~or the people to pa~k, That's the situa- tion that existed in February~ 1971. M~. and Mrs. Rohrbaugh~ who are here tonight with their counsel -- and we met them in litigation in the Circuit Court -- they own a home that adjoins this parcel here that is zoned R-1AA which was previously residential. In February, 1971, after the building was star, ed, they didn't do anything then, but they came before the City Council in March and objected to the utilization of this small parcel which was zoned for residential as part of the parking facility for the medical comp!ex that was beir~ erected. They appeared tv~ce -- on F~ar~h 2nd and March 16, 1971 and their complaints were rejected by the City Council. The complex was erected -- there's been some $250~000 put into it and this portion is being used for par-king, recognizing that the medical complex i~B elf is erected on Lot 1t and it is contiguous of the original medical clinic on Lot 10. Suit was then brought into Circuit Court by the Roh~baughs alleging -- really they weren't only alleging about this small parcel towards their'house, but they said that the permit should not have been issued for the erection of the enlarged medical elini~ in 1971. Judge Downey said that their sui~ was ill-founded in all respects. When I Say ill-founded~ he said that the medical clinic could remain on Lot 3_l which was adjacent to the original medical clinic on Lot 10, but as to the parking facilities back here, that they could not be utilized for this reason -- and here's where we get to the meat of the cocoanut. The judge said that Lot 10 was the larger parcel and going back to the o~dinanee, it said that he upheld the validity Of the o~dinanee ... that the minor follows the major. He said that back in 1960 when Dr, Astler built the medical clinic, that technic~-lly: al- though it was w~itten in the record that he could erect the medical clinic -- that technically he should have gotten the conditional use for that parcel. And we failed to do so, but this was zoned R-2 which did not permit medical clinics and therefore, the smaller parcel fell with that. He said as to the ~est, he was ~oing to leave it undis- turbed -- on Lot 1t he could build a medical clinic. i0- MINUTES OF REGULAR CITY COHNCIL MEETING CITY OF BOYNTON BEACH, FLORIDA JUNE 5, 1973 But he said as to the smaller parcel because Lot 10 which is the laz~3er parcel was zoned R-2, that the smaller had to follow it. But he said however . .. you must remember this~ that the cour~s can say you've got a piece of property zoned improperly, but they've got to remand it to the group that goVerns to me/se the finding of what should be the proper zoning classification -- this is the law. So, he said that in his order -- I am remanding this back -- or I'm going to let you apply to the City Council of Boynton Beach to get a con- ditional use granted to this parcel R-1AA so that you might use it for parking facilities adjacent to the clinic. If you see it out there being used now, the matter is on appeal and it's a supercilious grant -- and they are getting utilized. But that's the dilemma that we find ourselves in here tonight on behalf of my client. There wouldn't have been any question at ~11 -- now remember this, back in 1960 when Dr. Astler went up and said, this is zoned R-2 -- do I need a conditional use -- and' the City had said yes, you make the appli- cation and we'll g~ant it to you -- if that had rappen place, there wouldn't have been any dispute. With Judge Downey and everybody else, there would be no question -- that if it was used as a conditional use, the mai or would govern the minor and that R-~ with the conditional use for a medical clinic, you could use this as a medical clinic. But because the City of Boynton Beach told him in 1960~ you don't need a conditional use 9~anted to erect a medical clinic~ we at this time are confronted with the proposition that if you don~t 9~ant con- ditional use to this small trian~onlar shape behind there~ that we can't use it for off street parking. It just plain isn't right. I don~t care if it;s a group of doctors -- I don~t think they deserve any more credit, although they're across f~om the hospital or who it might be -- we are in this situation solely through -- the building permit was issued in 1971 by' ~he City of Boynton Beach. ~r. Phillips said he didn't live in this town and he knew many past administrations and all have done things that don't meet with ... it:s true in every community -- that don~t meet with the approval of the present governing group. But Judge Downey found specifically in his order, there was absolutely no finding of wrong doing, misconduct or anything else. Your City has permitted us to erect this here, given us a perm%it -~ and I respectfully submit ~- and your Planning Board unanimously with just one exception -- when you put this down because you know people want to do that ~-~hich is right ... your Planning and Zoning Board agreed that this R-1AA that a conditional use should be granted as to that particular parcel to follow that which should have been done back there on Lot 10 originally and which the judge said technically the City should not have per*aitted construction of the original medical clinic. But, he specifically remanded to this City here now to correct this. That's exactly what you have the opportunity to do. I don~t know -- right is right, wrong is wrong -- and I~m trying to put it up to you just as candidly as I can and I respeet~]]y subn~t that the parP~ng lot is already in there, considerable money's been spent for drainage and any manner o~ appeal of Mr. Ho]l~ngsworth or anybody else might mention about damaces or anything~ the Circuit Court will take care of any of that. -If there's been any harm done FiIN~TES OF REGULAR CITY COUNCIL MEETING CITY OF BOYNTON BEACH, FLORIDA ~dNE 5, 1973 tO these people -- we~ve agreed to put up a wall or what type is necessary: but I ~espectfully submit here that this conditional use that you should adhere to the finding of your Planning and Zoning Board and that a conditional use should be granted to this parcel, R-tAA, in good compliance with what your City has done before; we in good faith have been more or less the victims of eircun~stanee, so to speak, or perhaps an error in judgment and I tmust that you 9rill give us your kind consideration in arriving at your deal sion. Mr. Roberts asked what was the original zoning in that entire amea and how was that zoned -- by metes and bounds or by lots. M~. Phillips said by metes and bounds. It's an unrecorded plat. It's called Sohoolroad Estates, but it's an unplatted subdivision. Pit. Roberts said the whole area was zoned for residential, was it not? Mr. Phillips said it was zoned residential until 1980 -- when you had a zone ~Y~ they called it ... and this parcel, because ... }4~. Robe,s asked if the whole par~e! was rezoned. I~m. Phillips said yes, then no, the parcel here next door was zoned R-5 and I forget the new one ... maybe it was Y~' or something. Mr. Roberts said then that R-2 and R-3 didn't come into being until '62. Mr. Phillips said right, but R-3 .o. the reason it came in then, you see, your Seacmest Hospital was put up across the street here and they permitted ... as I said before, you're talking about a conditional use -- libraries, hospitals, medical clinics, things that are quasi- public -- so before 1960, it had been residential. But in 1960 before this was erected, they ZOned this Zone ~G~ which permitted a medical clinic but only if you got a conditionaluse out of the City. Mr. Roberts said it would seem to follow that the entire area was zoned R-1AA or whatever it was at that time for residential, that that was the major portion of the entire lot, so that the zoning would only apply to those particular lots. Pit. Phillips said no, on October 3~ 19~0, a new zoning code was intro- duced here and this was zoned at that time R-2 or Zone ~G Phillips said he would use R-2 because the denomination was changed. It was zoned in 1960 R-2. They took it out of the residential. The hospital came in across the s~meet. They zoned this R-2. At the time, this original clinic was erected, this was not residential~ it was R-2 classification. But even with its R-2~ a medical clinic shouldn't have been erected without a conditional use having been granted ... but it was not R-1AA. He asked if Mr. Roberts~ question was answered. ~ir. Roberts said, in a sense. Mr, Roberts said the other question that he had in lookinq at the finding for final judgment, no application for condition~_l use was made nor was one g~anted$ the other question 12- NYE~dTES OF REGULAI~ CITY COI~ICtL ~Z~ETING CITY OF BOYNTON BEACH, FLORIDA JU~E 5, 1973 that he had in looking at the finding for final is -- what is the height of that building, is it two floors? 1~. Phillips answered yes. Mr. Roberts asked if a building permit was issued to add another floor and P~. Phillips said no. He said Dr. Astler is here and he would l~ie to have him comment on it, as he was the man who originally had the medical clinic. He asked Dr. Astler to come up and answer this question~ Dr. Astler said l~s name has been used here and he felt he should clari- fy one or two things. No. one, he said he was not the owner of the Medical Arts Center -- he is one of five o~ners of this building, though he did initiate it in this state in 1960. He said that in answer to ~ir. Robertst question, Lot 10 was zoned "G~: zoning. As he understood it~ ~' zoning was available for medical etinics, medieal apothecaries and such like things. He said at that. time he appeared here and was 9~anted by o~dinanee the right to build on ~G~' type zoning a medical building which was e~nst~ucted promptly and then con- tinued in existence until this time as stated by Mr. Phillips -- 1971 when we felt the need for physicians was increasing -- the amea was obviously one of medical need -- there was an add/t-ion to the Bethesda Hospital; they have since constructed a nursing home to' the south of the hospitals there has been an apothecary converted on Lot ll which later we purchased and made a part of the medical center, but at that time it was zoned R-3. Therets also another doctor's office to the north of ~he medical center; there is a church, school and playground to the mmmediate east; there is another doctor's O~£iee to the corner~ a radiologist and there are apartment buildings still further west of the radiologist's offiee -- so the area~s Cleariy a medical area and this was in fact advised by the then City Planner, a Mr. Simon from Jacksonville, Florida -- no relation to our current City Attorney. Dr. Astler said he was not an attorney hut a physician practicing here v~ith 21 other physicians in this area. We have tried to comply with parking etc., and this complaint originated some three months -- not two months -- after the construction began. As testimony would zndieate, we were $1~5,000 mn bulldings, block, stone, cement, eta. up into two stories and fi~%ishing ~hen the first complaint appeared in front of the City Council at that time. Two weeks later the co~ plaint was again before the City Council ... all of this after we had appeared and were granted a City building permit, signed by F~. Barrett and authorized by the then City Attorney who was not Mr. Simon. Dr. Astler said he had no connection with any member of the City Council in 1960, nor did he in 1971 nor d~d he now -- he did not even know some of the present members. He said he was not a politician ... he was here to say ~hat they were $135,000 into this and acted in good faith. The Cit~ needs doetors$ we~ve got specialists of all types in this building~ we need parking. When the judge ordered us to temporarily stop using this~ we did~ we complied -- we put up ropes and immediately - 13 - ~N~TES OF REGULAR CITY COUNCIL ~ETING CITY OF BOYNTON BEACH~ FLORIDA J~E 5, 1973 had a traffic problem on Seacrest Boulevard -- and we don~t want our people walking across the street, nor do we want them utilizing the hospital parking lot, although the people there have really voiced no objections. This is our pOsition at this raoment, The judge as I understand it has remanded us to the City Council to apply for a eon- ditional use for parking only on this small area to the rear which we have been utilizing for parking and we ask your consideration of this. ~ir. Poberts said to D~. Astler he was not trying to be critical but he had just seen this in the pa'sC week ... the final judgment and there seeJns to be a lot of building golng on without any request f.or eo - ditional use way back to ~60, He said he asked about the height of the buildiD~ -- it was two stories and might go three and he wanted to know if there was an outstanding buildin9 permit. D~. Astler said there was no outstanding building permit ... the plans at this time are not to go three stories; it is an existing two story structure with elevator and two properly marked stairways. ~4r. Roberts said ... also, the statement that the judge went along with this where the district boundary divides the area about equally the dist-~iet classification and regulation that the lai~jer portion shall apply~ therets no comment outside of the fact that that was what the building department used. I don~t third~ he ~uled on that at all. Dr. Astler said he did -- if not, as he understands it, the medical building in effect would have had to stop being used as a medical building. ~aybe ~r. Simon can etarify the tilling here as he (Ih2. Astlei was no attorney. ~4r. Roberts said well, that was the way he interpreted it. But again, even after R-2 there was no app!ieation filed ~or conditional use and the ooly thing he sees here about the plaintiff suit regards Lots 10 and 11 which he understands is not the crux of the problem -- the thing is the pa~kingarea. Dr. Astler said no, originally they asked us to stop using the medical building as a medical facility. The judge denied this ... ~r. Phillips said that's eorreet, he said as to the medical building, it eoutd stay there .o. he said teehnicatly, you should have applied in 1960 for conditional use as to the original medical clinic. Mr. Phillips said remember this -- it's stipulated in the record by all parties ooncerned that Dr, Astler asked the City at that time did he need a conditional use 9-~anted and they said no~ you can erect your medical clinic in R-2 zoming. So we're going back to 1980 with that action and it's that and that alone is the only reason that this little triangular parcel is not being permitted to be utilized as a parking facility. It just doesn't proport with that which is right. P~. Roberts said he wouldn't take issueS the only thing is when it comes to zoning and anybody who lives in R-i~A zoning and then wakes ~ 14 - MINTdTES OP REGULAR CITY COUNCI~ ~ETtNG CITY OF BOYNTON BEACH, FLOP~TDA J~NE 5, 1975 UP the next day ~with~a faetbry or some ?ther gas statioh~ etc., he d~dn'~ ~hinkthatwas prope~ eith~ Mr. Rober~ said he was trying to see who was at fault. Mr. Phillips saidthis isalbalane~ in equity soto spe~k. He said he WOuld iike to point Ou~ One other t~ing ~;. when theO~inal clinic wa~ erected on Lot l0 back then, Wkieh there ~ouldn~ be any question if the conditional use had been granted~-- The Rohrbaughs ha~u't even pugchased the place that they're living in ~9~ They. boughtin 1962, so we're saying why originally ~&s a meCh.'cai el%fmc permitted theme, there was no objection from anybody -~ it was there when these people b~ought their house in 1962. It's this tbmt governs the whole. He asked F~. Roberts if he understOOd and if there was any other ~ay he could help. Mr. Roberts said he WOuld reserve judgment until he heard from the opposition. l~1ayor Jackson asked if there was anyone else who wishe~ to speak. Mr. Harmening said he had a question of Mr. Phillips. He asked for enlightenment as to the size of this new parking lot. Mr. Phillips said it was a rather small parcel -- he guessed everything was relative and said he didn't have the dimensions and it's also an irregular; in fact, he and l~. HollingsWOrth had diffieulty~.originally when they were going to utilize the parking facility. It's difficult because it is unplatted. It's a rather small parcel in contrast to the overall. Mr. Harmening asked -- 297.79' on one side? ~. Phillips admitted that sounded about ~ight. i~lr, Harmening then asked if this apothecary, since the time it was built -- has it been operated as an ethical apotliecary? Mr. Phillips said yes ... a man named Marian Green here is one of your local people ... Mayor Jackson interjected that it was Mr. Plum who was the original ... and Mr. Phillips said she might be right as he was from Lake Worth ... Mayor Jackson said she believed Mr. William Plum was the original applicant for the apothecary. Mr. Phillips said he guessed M~. Green bought him out and he's been there ... it's been a very respected pharmacy. And then I~. Green bined with this 9~oup of doctors~ he had his parcel of land together with that of Dr. Astler and they formed this group there~that operate together. That parcel, you must understand ... there's no question that in R-3 they could put up a medical clinic o~ apothecaI~ ... all kinds ... 5ir. Harmening asked if the apothecary was in R-2 and Mr. Phillips said in R-5 which permits a medical clinic. There WOuldn't be any problem~ - 15 - Y~INUTES OF REGULAR CITY COUNCIL ~/~ETTNG CITY OF BOYNTON BEACH~ FLORIDA JUNE 5~ 1973 here about going up... Lot il there is R-3 which permits a medical clinic without any conditional use~ but every tim~ we come into this tbing~ we have to revert back to what happened to Lot t0 because this is the laz~3est ... and Uo back and technica!ly~ we didn't get a con- ditional use back there because the City told us we didn't need one. It's just that simple. And now ires being visited upon us because the validity of this ordinance has been upheld that the larger controls the smaller. ~Ir. Phillips apologized fo~ the time he had taken. Mm. Roberts said the only question he had ... when the City passed the ~ew zoning code and put that triangle in R-1AA residential zone, he did not see what control the other two lots would have over it. ~ir. Phillips said you have an ordinance here, %~3.5 -- you must remember~ when contiguous property like this is divided into. different zoning classifications o.. and you can readily understand . .. you could have commercial residential: one person ova~ing it -- and how you want to utilize it, but it ~ays, when you have that, these ordinances are commonplace throughout the United States and Judge Do,ney upheld the validity of it -- it says that the entire parcel will be governed by that classification of the la~ger portion. So, true, that was zoned residential (that small triangular shape) but your ordinance, and it's been upheld -- we live under law here and the law says the larger controls the smaller and Judge Downey said that's true, the larger does control the smaller and this R-3J~ will fall into the la, ger. In effeet~ what he said, he~s changing himself. He said it falls into the larger but it's only R-2 which doesn't permit a medical clinic unless you get a conditional use. Judge Downey has really changed the classification to that R-!~B3t and he~s wrong. Playor Jackson asked if anyone else wishe~ to speak in favor. Mayor Jackson asked if there was anyone who wished to speak in opposi- tion. Evelyn Rohrbaugh~ 2857 S.E. 1st Place, said that she would like the Council to hear with her while she also pointed out the history of }~edical Arts. We've heard a lot of play on Bethesda Hospital being across the street from ~edical Arts, !nd. In 1960 when Dr. Astler applied to this City Council to erect a medical center on Lot 10, the zoning at that time was an '~A~ zoning which was representing R-1AA. i~rs. P~ohrbaugh said she had two ordinances in her file~ No. 60-55 and No. 60-56, redefining zone ~A~ to zone ~G'~, allowing a medical and dental clinic and apothecary under a conditional use. She said as you can readily see the map that is taken from the County plat book showing this particular area is a little bit different than what Phillips has presented to the Council. The unnumbered parcel which is referred to in the judgment is residential zoning~ R-]AA. She continued -- after Dr. Astler applied ~or a building permit to ereet his medical arts center~ he did not purchase Lot 10 unt~_'l April 29, 1961 from Charles S. Geary. Preceding that, he needed more ground 16- P~[N~TES OP REGULAR CI~f COU~[CiL MEE~NG CITY OP BOYNTON BEACH, ~LORIDA JUNE 5~ 1973 and he bought a oarcel of what is R-1AA zoning, residential, from a Mr. Albert MacG~gor through ndsrepresentation as to what was going to he placed on this piece of land and he worked through an attorney to do this little maneuver. So, in 1961 we had our first phase of Medical Arts, Inc., which was also incorporated at that time and the deed was held by Medical A~ts~ Inc. in 19?l ... or 1961 on Lot 10. Mrs. Rohr- hau~n said she was not going to dispute here what lot is larger or smaller or any other thing. The ~£~p sort of speaks for itself. On June 1S, 1982 Boynton Beach revised their existing building and zoning code, which placed Lot l0 in an R-2 classification which allowed only a medical or dental clinic or apothecary undem a condition use grant. In 1961 when the Medical Arts first phase was eonstrueted, they did have an apothecary ~?chin the L-shape -- their first phase of construction which was later moved out. We bought our property in 1962 at which time Lot ll was in R-2 zoning-because of re~lassifieation. It housed a resid ntial house -- our children played with the children that resided' in tl~s home. Also across the street in front of Bethesda Hospital were three or fou~ residential homes which were occupied by single far.~ilies and also on 26t1% Avenue. In 1964 Medical ~ts applied for the second phase of the medical clinic and under the R-2 regulations o~ the building and zoning code which stated that any non-conforming use could undergo no structural alte~atior~ -- they did not seek nor were granted a conditional use. to build onto phase one of the original Medical Arts. ~so in 196~-: ~z~ ~ ~,~r. Zil!, Medical Arts purchased another section of th~ s residential property and was utilized as parking. In 1963 the rezoning of Lot 11 took place. We attended the meeting before the Planning and Zoning Board and ~. Plum was representing Dr. Astler on this rezoning and we w*~e shown an architect's sketching of what this residential home would be rephased into. They merely refinished what was the front of what was a single feebly residence and it was turned into an apothecary, which states in the minutes within the City record here that it ~uld not distribute n~gazines~ bubble gum, beach balls, etc. It was a medical apothecary -- not %o be confused with a drugstore. So, Medical Arts ten, ins incorporated from 1961 to 1971 until they came before the City ... Mrs. Ro~mbaugh corrected herself to say until June 1~, 1970~ Dr. Astler wrote a letter to the Board of Adjustments stating that }~ledieal Arts proposes an addition to their existing medieel clinic. This new addition is to encompass Green's phar~naey and they %~ill construct (Pits. Rohrbaugh said she would not quote square feet here because she was not loo?~ng at the letter, but had it in her possession) -- they would first erect so many square feet which vaDuld be in a two-story complex and he stated that there would be adequate parking ~or this facility. But this is not what the letter was written to the Boar~ of Adjustment for. It was written to the Board of Adjust~aentsbeeause they planned to build a three-story -- put a third story on this presently ~-story complex, which will increase it to 5,000-odd square feet and he states that there will not be adequate parking for this additional third floor. This is what his letter was written to the Board of Adjustments for~ 17 - F~TN~TES OF REGULAR CITY COUNCIL i~iEET!NG CITY OF BOYNTON BEACH, FLOP~DA JUiNE 5~ 1973 It was mitten to the Board of Adjustments for seeking a variance to allow them to construct a third floor when it becomes ecoox)n%ieally feasible without requiring additional parking area. In July of 1970, Mrs. RDhrbaugh said we received notification from the City Clerk's office to appear before the Board of Adjustments for a public hearing on a variance for the parking. This hearing was held July 13th at 5:30 P.t¥i. AloD$ with my husband and several other residents of the area, we appeared before the Board of Adjustments. The Board of Adjustments meeting w~s cancelled because theme was no representation for f'~edical Arts. July 21st we reoeived a letter from the City Clerk's offioe stating that the varianee for parking had been withdrawn due to the fact that the architect was redesigning the structure to meet existing building regulations. In verbal eonveDsation with the arehi- tect~ he denied that the~e was ~.ver any change of architectural design fora the three-story complex. The building permit that was applied for on February 17, 1971 did not seek a variance for eons~uotion of the bt~Uiel.ding om a variance fop parking area, This is in direct violation of lnterpretation of the building and zoning ~egulations. It was discrediting to each of the residential property owners. They have never at any time had a say as to what was happening to immediate area around them and I believe the building and zonmng code is to represent every property owner. Fn~So Roh~ba~ugh said she and her husband appeared before the building department on February !Sth and were told that ~edzcal Arts had applled for a bu~zlding pe~&t to eonst~0uct a t~.;o or th~ee-story addition to their comPleX; Mrs. Roh~baugh asked the building inspector where the pamkiD~ was goir~ to be and she was told he didn't l~uow. She asked~h0w .he CO~d be issuing a building pezm~[t for a two or three-sto~ complex i~ he didn't k~ow where the parking was going to be. She said she received no answer. It was at this time that she said she found that Lot 1i ihad been ~ezoned to an R-5. This rezoning of Lot 11 apparently was done through the penman- ship of the p~evious City Attorney as no one. in the area had been notified to a change of zoning. ~rs. Rohrbaugh said th~at for three days in succession she came before the building department and zoning department wanting an answer as to how a pe~mi~ was going to be issued without a conditional grant or a variance of some kind fo~ pe~P~ng. She said she was told it was a legal matter and if the City A~corney said to grant the permit~ it would be granted. ~s. Rohmbaugh said we came before the Council on t,Iarch 2nd. After legal advice to bring this before the Council. we appeared on },!a~eh 2nd. We asked the Council at that time for the presentation of a petition opposing a tm~o-story complex because this was alt we co01d oppose; we didn't know where the parking was going to be or that it was even going to be a three-story -- to issue a stop %~rk order until it could be investigated. We were referred to a workshop the following day. l:ir. Jones~ the City ~L~nager, asked at "chat time what he co,dld do for us. We said that we requested the same thing that we had asked the Council -- please issue a stop ~ork order until this can be investigated. It was at this workshop that we found out that the parking would be - 18 - MINUTES OF RE~-G~LAR CITY COtLNCIL I~-ETiNG CITY OF BOYNTON BEACH~ FLORIDA 07dNE 5, 1973 on the R-lAD_ zoning -- the unnumbered parcel -- that this ~a)uld be utilized for parking space. One of the site p!s~ns was brought in at this time. This was the first time that the Building Departraent seemed to have acl~ow!edgement of the tract ~here this parking would be placed. We asked how it could be placed on R-1AA residential and they informed me it was zoned for it. On March 16th ~iedieal A~ts had their attorney, John Ads/as, present at the City Council meeting because once again, %'-;e had come before City Council hoping for sorer re]~ ef in not having a parking lot on residential zoning. That appearance before the Council meeting ended the seJne as the previous one. It was a legal matter -- get yourself an attorney. We appeared one more time before the City Council and it was evident by this time that the City Council was not interested in our plea nor was going .to do anything about it. So, it %~s at that tin~ that we actually filed a suit against P~edical Arts and t~ne City of Boynton Beach for violation of this building and zoning regulation and for issuing an invalid building permit. ~;n3s. Rohrbaugh said all she could say was ... this ~s a pie- ture of the County map showing this particular a~ea and as you can see~ Lot 10 does not ap.pear to me to be the larger and this little sliver of residential zoning that l~ir. Phillips reefers to is an entire resi- dential area and I fail to see how we can have a parking lot on R-1AA zoning. I~layor Jackson asked if there was anyone else wishing to speak against the proposal. Mr. Pred Hollings~rth, attorney for ivir. and Mrs. Rohrbaugh, said he represented them in the lawsuit that the council heard discussed here tonight. He said ~ir. Phillips was mistaken when he said Judge Do,ney ~upheld the validity of this 3.5C zoning code.~ The validity of it was inot in issue. ~Ir. Hollings%~rth said perhaps he should have challenged the validity, but he did not -- he challenged the City's interpretation of it -- and because like n~st lawyers, ~e~s a believer in talcing the easy way out in a lawsuit -- and said even if the City's interpretation of it is correct, they haven't followed it because the largest portion of the lot is not in R-3 zoping as they:re treating it, the least restrictive zoning you could interpret this thing as putting on the property is R-2 which requires conditional use and they didn't get one. Judge Do%~ney said that's right, they didn't. Therefore, they're enjoined from making- this use of the property without first getting a conditional use, ~nieh is a perfectly proper and orthodox approach to it. 1.ir. Hollings%~rth said~ I hope that ~.~. Phillips was not implying to you -- and I don~t think he was: candidly, that you're under any obligation or under any direction from the court to act in any particular manner on tb~s applica~cion and I hope that this Council understands that -- that this is tike any other application for con- ditional use whiehcomesbefore you as far as what your discretion, and powers and rights and duties are. It's unfortunate that it has come to you after litigation and that we therefore have to discuss to some extent, lawsuits. But you are certainly not precluded of passing this - 19 - I'~NUTES OF REGUL~iR CITY COIR~CIL ?f~ETING CITY OF BOYNTON BEACH~ FLORIDA JUNE 5, 1973 thing on its merits. Plr. Ho!lingsworth said he thinks the City has a very bad p~ovision in the zoning code and he hopes it is removed when the new. zoning code comes out -- because this section in question provides that where a district boundary divides the area of a tot.un- equally, the district classification and regulation of the la~ger portion shall apply to the r~ininu smal!er portion of the lot. if~. Ho!!ingsworth said -- I can't believe that whoever ~ot~ that had gone back and read the definition of ~ot~ in your zoning code before he did it -- because all ~lot~ says is a parcel of land in a single ova~ership, essentially. ~i~, Holtingsworth said perhaps he should have challenged the validity of this thing because certainly it's no zoning at all -- it's zoning by purchase ultimately. He said he could see this thing stretching right along here into inf~_nity if that inter- p~etation is follov~d and if the City goes along wi~h it. Mr. Hollingsworth said, let's remember, the oDty thing we're talking about tonight is this parcel which is basically zoned R-1AA which is not located across the street f~om Bethesda ~emorial Hospital~ but is loaated a block east of there and directly next door to my clients~ R-1AA p~operty occupied by rheim home. The ~oumt found-- and Hollingsworth said he was not going to dwell o~ this final judgment because he gathered from the Council's remarks that they had read it already, studied it and are familiar with the ~ording of it. The court made a specific finding that his clients had been d~aaGed -- had been injured by this use of p~operty in that R-1A~ zone (~d-I say R-11~t beoRuse that's what it is -- that's what the City said it was -- that's what your o~n zoning authorities and youm comprehensive zoning plan designated that p~operty to be used for). You've had a piecemeal whittliD~ away of residential zoning in that area -- you've had what I think is a 9~otesque interpretation of this 3.5C~ but I %~n~t dwell on that because the judge said okay, call it R-2: but make them ~o back and get a eondi%ional use. That's the only thing we're here for is to decide whether conditional use should be gnanted on that parcel. The judge said as to these other parcels -- I don~t find the word in here~ but what he said was an estoppel. We waited too long and spent too much time talking to the Co~ncit and not enough talking to the lawyer -- you should have gone to the court instead of coming here fo~ relief. As to this parking lot parcel~ after the suit was actually in court -- after we filed suit -- they went out and const-~ueted that parking lot. ~/iro Hol]ingsworth said he couldn't feel much sympathy for the applicants under these circumstances -- he said he thought they took their chances and they got burned. Finally~ somebody required them to follow the law -- he would submit it's high time. It should have been done in 1960 and the only sense om conclusion that he could draw from Mr. Phillips~ remarks is that he's of the position that two wrongs are going to make a right. There were mistakes made in the past -- zoning was no~ followed in the past, so let's don~t follow it now. Mm. Hollingsworth said his clients have gone to a great deal of expense and have spent some substantial sums of money trying to protect their home, - 20- I'~hWdTES OF P~EGUL~ CITY COUNCIL ~ETtNG CITY OF BOi~TON BEACH~ FLORIDA JU~IE 5, 1973 to kite a la~;er and go to cotu.~t and do what he felt was t~he City's ~ob in the first place: not a private citizen's ... but they did it. They cared deeply enough about their home and in trying to protect their residential neighborhood to go to court and pursue this thing through and get an injunction. Now, after the eou~t has told them to abide by the law, fiD~llys the ~Iedical A~ts people have decided to follow the law now since the court told them to and %~uld go back and ask the City for a cOnditonal use. ~;~. Hol!ingsworth said he thought it would be a grave injustice to his clients to have this COuncil now destroy what they have gone to a gmeat deal o~ time, and expense, trouble and effort to get in court. All they want is the preservation of the residential cha~acte~ o~ a residential neighborhood which he did not feel was un~easonable. He hoped that the Council was familiar v~ith the physical area out here and knows how the property Of his clients abutts against that part. He had anticipated that ~4rs. Rohrbaugh was goin9 to tell the COuncil some of the p~oblems that they have had through the operation o~ this parking lot. They were substantial. They have had dust problems, noise problems, drag ~aoi~ through there. This isn't the situation you're usually in when soraebody comes in and asks for a conditional use -- where you're predicting and guessing at w.h~at.'s re ~a!ly going to happen. We know what's going to happen because it's already happened: and it's been resumed under a bond in tb~ Circuit Court under a super- sedanee. It's going on ~ight now ... there's no' need to speculate about injury because this is injury they've already su~f~ed and su~fere~ to such an extent that the court ~eserved jurisdiction to award them money damages as well as an injunction against this operation. ~;r. Hollingswo~th said he had the feeling when Mr. Phill ~ps was speak- ing that perhaps he'd better re-read that order that maybe instead of %wir~ng a lawsuit he lost one, He resl~y din~t think that was what the judge did or what the judge intended. P~. Hollingsworth said the Council grants this conditional use~ then candidly, his clients would be forced right back into cou~h to again t~y to preserve the residential character o~ their residential neig~h~orhood. He didn't third~ it was ~air to ask that o~ them. He thought now i~ was time for ~,~. Phillips' clients -- if they fecal that they have a legally enforceable right~ go~ get a court to enforce that right for them if they can, but he did not think his nl~ents should have to carry~ this burden any longer -- that what _his clients want is oertairal¥ consistent with your zoning and what the ~,iedieal Arts clinic wants is and completely inconsistent with it. He said that his observation of this Counoil:s action in regard to zoning has been that it t~ies to be scrupulously careful, follow the zoning and to haue a meaningful zoning plan ~or this City -- he thought it would be veDy regrettable if the City Countil departed f~om that policy and destroyed a resi- dential neighborhood -- on the basis of a rather strained interpreta- t-ion of a rather poor ordinance provision which he didn't think should have been in there in the first place. It is there~ but you sure don't have to ~oltow it. Thank goodness you've got a ~onditionat use pro- vision so that you do have a chance to decide that this is bad, unsound. - 21- I,~ArdTES OF RE~dLAR CITY COU/~CIL ~,iEETING CITY OF BOYNTON BEACH, FLORIDA ~dl~ 5~ 1973 This sets a mighty dangerous precedent in your co~ty. Mind you, this le~nd wasn't even acquired in one parcel . .. it was bought piecemeal -- in metes and bounds and when t read the word ~lot, :~ it doesn't even mean something like th~s monstrosity we're faced with here. lzm. Ho]]~ngsworth said he thinks of a lot as these things where the neat little label, R-1AA appears and the lines go ~ack and forth on the map and he thinks that's what the dra~tem of that p~ovision was talking about. He thought it would be a ~ighty grotesque result for this Council to permit this sort o£ an invasion of a residential zone on no greater justif-ication that he heard than that former City Attorney gave them an interpretation that the court didn't agree With. Mayor Jackson asked if there was anyone else %~shing to speak in opposition to the parking lot, Loyal Rohrhaugh, 2857 S.E. 1st Place, said Wen he and his wife bought this lot and home, they bought it in the center of a bloeko Now they, are sitting on a corner lot, you might say. They have as much traffic practically, going past the side of their house within 30 feet of their patio and swimming ppol as they have on 27th coming up there -- gOing out on SeaereSto He said he didn't thi~k it was fair ... and another thing, you say the large~ portion takes over this ~_le~ portion. If D~. Astler was to buy their lot, what would happen to the n~t lot? A~I he would have to do would be to change it because it ~ould be smaller o.. what's going to happen to the rest of t~e lots on south of us. One half o~ the other is going to go. It ?~s b~ought out here the other night, very plain in the zoning meeting, that Mr. (Dr.) Astler wanted to be good, fair, and everything else end he thought t~hat ~r. Phillips had bought that out a couple of times -- about they ~Duld put in a wall, put in a hedge, kit. Ro.hrbaugh said he lived there 3_l years and ~ir. Astie~ has never spoken to him -- he cslled on the telephone when this came up and threatened to put a gambage can in his back yard, right nex'C to it -- which he did in a week:s time. Also, he threatened Fir. Rohrbaugh with a lawsuit that he would sue bin for loss of income. Now that is in good faith, isn't it? I~. Roh~baugh said he has never spoken to him -- his father used to come over and sit and talk for t~ hours at a time at the Rohrbaugh house -- he was a very nice ~n and ~4r. Rohrbaugh thought the same of ~4r. (Dr.) Astler when he was down in the firet little b~lding. They had no trouble with him whatsoever. He was far away ... but he thought that if ~.~. Astler didntt have to go with any of these zo~ing codes -- zo.~/ng laws -- ~. RDhrbaugh w~1 build on the back of his lot and then t%v~ years later, he ~ill come down if somebody sues him and ask for a conditional use. If they don~t sue him, well, he'd just leave it theme, right on R-!AA zoning. Mr. Roh~baugh said if it is ~ood for him (Dm. Astler) it is good fo~ him and everybody in Boynton. You don't have the zoning laws if you leave this man do what he is doing today in Boynton Beach, in his opinion. i.ir. Pohrbaugh said that is what he is g~_'ng to do and he was t~l~ing the Council right now -- if this goes through, he is going to build - 22- [~I~KITES GE P,F_~L~ CITY CO, NC. IL MEETIik~ CITY OF BOYNTON BF-~CH, FLORID~ JLINE 5~ ~973 right on R-1AA with no conditional use ... and ~tl you people have to do is sue -- he would get a conditional use ... or would come down and ask for one the same as Dr. Astler ... two years later. Mayor Jackson asked if there was anyone else wishingto speak against the parking lot. She then noted that Dr. Astler wanted to speak again in favor ... or (in jest) was it against? Z~. Astler said he still held the same position butt hat he only de- spaired beoause his name was taken in vain by the attorney and by the Rohrbaughs and he would like to alari~y one or t~ items very quickly and he apoloqized for standing agair~ Number one, he said he never had an attorney purchase any property, but a Mr. Boone, then realtor in Boynton Beach -- originally I talked to him and asked him to get me a piece of property near where the BethasdaHospital was to be constructed for the purposes of a medical buildir~. He returned to me in some weeks time and said he had secured a property and itTs marked by this whole corner (he ~-~lked over to the blae/~board and described the area in question). Nunf0ertwo, Dr, Astler said he never applied in 1962 ~or any conditional use ... Mr. Plumdid~ the pharmaeist~ l~yor Jackson said she had a copy of that arc, Dr. Astler said this was all documented. He continued ... Number three, there were not three or four homes where Bethesda Hospital now sits, there was one home which has now been taken do%~ and that area is nowlused for park- ing. Number four, in 1964 Medical Arts nor Dr. Astler did not purchase from ~ir. Zillthe property adjoiningtheRob~baughs. It was purchased by Mr. Green~ the pharmacist who bought out ~. Plum, the preceding phar~m%cist. We then bought out 1;~. Green. Numhe~ five~ the RDhrbaughs were present -- the City minutes documented that they were present at a meeting 10 January ~63 when ~ir. Plum made this application. Mayor Jackson interjected that she b~.l~eved it was in the minutes and also that MrS. P~hrbaugh mentioned that. Dr. Astler continued and her husband was lots were zoned ~*~ was issued to Mediaa v~th approval of the buildings which we the parking was know teats dra~ing, it wa water would drain of pits which we did tw designed, so the Cit .. she did not oppose the pharmacy at that time ~ere. Number six, October 3, 1960, the original -- August 15, 1961, the original building permit L Arts. $~.had a ~G~' zor~n~ which did include, City Counc~l~ medical apothecaries and medical )t from October 3, 1960 to August t5, t981. Lastly, by the City Council; it was drawn by the archi- ~ shov~ and they asked us to redesign it so the c, a~y from the Roh~baugh~s house, put in draining ) feet deep with gravel, and the parlcing was re- did know where the parking was going to be and it was clearly indicated on drawings by a very competent architect. And lastly, since F~. Rolr0baugh brought up the eonversation that I had with him, I think it's only fair that I tell what really happened. He said he called Mr. Rohrhaugh and his wife and asked them what their complaint was, since we were then t~tree months into building -- $135, 000 when they started litigation. I said we would be glad to deed you five or six 23 - i~-5NJTES OF REGLtL~ CITY COUNCIL 1,~ETING CiTY OF BOYNTON BEACH~ ~ORIDA JUNE 5~ 1973 feet of ground and build a fence or a h~dge if this is your con, plaint ~u~d their reply was in essence, we will see yon in eou~t. When it gets down to what they rea!ly want -- It!l tell you what it is -- money -- because ! asked them aft~ar meeting ~ith the other doctors who own this building that we perhaps could offer to purchase their hom~ and utilize it for rental ~ investment. And they -- on a p~operty which was put on the tax books at a figure of $13~000~ asked $85,000 for the pmopexWcy (audience ~eaetion), D~. Astle~ went on to say~ this is where we stand tonight. We~ve been through the City Council evemy ~time wa mede a move -- wetre not here about any illegal act -- and D~. Astler apologized for standing up twice. 14ayom Jac/<son asked if there was anyone else wishing to speak against the pa~king lot. She then went on to say that she was on the Council in 1971 when l~h~. Stuart Fulle~ was the City building official. Mayor Jackson said she went to him at the tin~ ams asked him to give her a xerox copy of the whole plan and she WOtLld like to have each member o~ the Council see this . .. now these t~e lots are the parking lot ... ~yor Jackson continued -- I had ~. Fu3_ter not only p~t the zoning on there, but also put his initials undemneatho Mayor Jackson then read an excerpt from the t~nutes of l~ay 17, 1973 ~ega~ding this matter and she then said back in 1971 (she has all the copies of the changes of land f~om ~63 to ~71 and as she understands it~ these are not ail one parcels of land and they were. not all one ownem at the time that the permit was taken out. She said she has copies of all tb~ pernuts too. She asked if there weme any questions. ~. Wallace said he had one of the attorney and sa~d to ~. Simon -- on page 4, it is thereupon orde~d and adjudged -- Item 2, plaintiff's prayer for injunction -- would you give an interpretation of t/mis item, please. I~r. Simon clamified whether it was Item I~,!o. 2 and wen~ on to read that plaintiff's prayer for injunction directed to unnumbered parcel at the parking area apparently is granted and the defendant, Medieal Amts~ is enjoined f~om any use of the u~nt~mbemed parcel, not perrmitted v~thin the P~-2 classifications zoning code and f~om any conditional use pro- ~.ded within said classification without a conditional use permit needed by said City. He said his interpretat~ion was that Judge Downey said about the same thing again ~n paragraph 3 -- that the City itself was enjoined f-~mm annoying the same use without a conditional use as described under the 1~-2 zoning, l~r. Simon said he thimks if you go one step further, it you're asking %~ith regard to whether om not the parkin~ on this one sliver of land is to enjoy the uses pez~m[tted under R-2 -- if that's your question -- he thinks it is quite eleam that Judge Do%~ney holds that it is available~ pmovided that a condi- tional use is ~or~anted, but in the absence of the g~anting by th~s city of a conditional use, it cannot be used fo~ that purpose. [,ir. Simon said he would assume it could be used foe anythin~ else permi'~ted under the R-2 zoning. ~NUTES OF REGULAR CITY COUNCIL MEETING CITY OF' BOYNTON BEACH, ~LORIDA JUNE 5, 1973 M~. Wallace said one question follows that -- when would have been the propeD order of procedure -- shall we say~ or in what sequence should this have transpired or taken place that this variance v~u!d have been granted. Simon said it's not a variance, itts a conditional use. l~i~. Wallace said well, a conditional use -- when would that proper sequence w~it have been granted? ~.~r. Simon said he supposed the only answer he could give is when it's applied for and if the factualsituation exists at the time of the application. ~4ayor Jackson asked if he meant in 1971 and P~r. Simon said he meant at any time an application is made -- the City Council would look at the factual situation that exists at the time of the application and at the time it's considering it. Mayor Jackson asked if it would go before the Planning s~ud Zonin~ Board and Mr. Simon said yes, it would follow the usual procedure that you have for ~ny conditiom~-I use application. Mayor Jackson said to Mr. Simon that he spoke of a sliver of land ... Mr. Simon said he didn't mean sliver -- it %~s described as sliver -- on the blackboard it looked like a sliver ... Mayor Jackson said she had here 297.79 feet and she didntt exactly call that a sliver and l~ir, Simon said that was the factual situation he was talking about. Jackson asked if there was any further discussion. N~. DeLong said he had a statement that he ~ould like to have reX{leered in the minutes ... I believe rezor,~ng to a conditional or pern~Lssive classification is the only legal solution to 'chis situation. It appears to me the action of the Bu~ding Inspector in 1971 was in error in treatiD~ this entire t~aet as acreage by applying section 3.5C of the City zoning code, thereby direumventing the legal action of the City Council of 1962 when said cou~eil adopted a new City zo~ng code~ placing the unnt~ered parcel in an ~ ~-IAA zoning classifica- tion -- wkieh does not permit conditional uses -- then by issuing a building permit without the recommendation of the Planning and Zoning Board and the approval of the City Council, although the City Council later refused to revoke such building permit~ this unnunfoered parcel is presently legally zoned as R-i~A and has been since 1962 and does not permit conditional uses. I also believe the Planning ~ud Zoning Board in compiling the new zoning code, if it is ~ound necessary to include the provisions of section 3.5C to then amend this section to include the follo%.~ing quotation -- ~his provision shall not be applied without the recommendation of the Planning and Zoming Board and the - 25- MINUTES OF THE REGULAR CITY COUNCIL ~.LEETING CITY OF BOY~TON BEACH, PLOP~DA ~ 55 1973 approval of the City Council, nor to any zoning classi~ieation that does not permit a conditional use." 1.iayor Jackson asked if there was any further discussion. Mr. Wallace asked Mr. DeLong if after reading- that, was he saying that presently he felt that this p~operty was still zoned tvlr. DeLong said that's ~ight, it has never been rezoned anything other and at this time, he moved to deny the request. Mr. Wsllaoe asked ~. DeLong to clarify his request -- in other ~o~ds, you are stat-ing that you are voting against the ~e¢o~mendation of the Planning and Zoning Board. ~ir. DeLong said that:s correct and Mr. Wallace seconded the n~tion. PLayor Jackson repeated the mo"cion that the request be denied of the conditional use ~or the parking ~acilities by Medical Az~cs, Inc. She asked if there was any discussion. ~.iayor Jackson then said she had a copy of the letter to the Board of Adjus~ents which says that there is ample parking for the present building and that additional partc~nq was for a third story, t~iayor Jackson repeated that she had a copy of t_hat in ease anyone else doesn't. She then said that she would like to say here and .now that she felt that this ease was almost the same as if someone went into a motor vehicle department and was given lieense to d~ive without tak~9 a test -- went out and pern~nently injured someone and then came back three years later and applied for their driver's license. She asked if there was any other discussion. Wallace called for the question. PL%yo~ Jackson said she was going to ask for a roll call vote and she repeated the motion to deny the request for conditional uae. ~.~. Harmehing- aye; ~. DeLong- aye; Mr. Wallace- aye; Mr. Poberts said he would like to issue a short statement that in reviewing this final statement, he had no other choice than to vote against it because of many irregularities and ~. P-x)hrbaugh made a statement about buildin~ a house -- I'm sure at this point he %~ould get no building permit. The fact remains~ it says here, that even i~ it was zoned R-2, such use is o~%ly allowed as conditional use. That per- mission has o~ither been properly sought by the property owner nor granted by the City -- I would vote to deny the conditional use. Mayor Jackson clarified v~ith ail the m~mbers again how they were voting and also east her vote in favor to deny the request. ~4otion carried 5-0. 26- i,~N-GTES OF REGULAR CITY COUNCIL ~:~ETING CITY OF BOYNTON BEACH, FLOP~IDA JU~[E 5, 1973 BIDS Air Conditioning System for Civic Center M~. ]<obl said he would like to point out that on the bid tabulation that there was one low bid from D.L. Folsom but they did not meet the specifications and he recommended, along with all the department heads to the Palxn Air Cooling (bmpany -- add he did have under the bid tabu!ation~ one, two and three units. P~n~. ](ohl said he asked the Reomeation Department to help put some money into this thing. They have 97~anted $4,000 unde~ some of thei~ budgeted funds and ~. Xohl said he would like to recommend to put in the three new uoits and get this reemeation cente~ where it should be because we have had many, many p~oblems. R~berts moved to accept the recommendation of the City Manager and Wallace seconded. ~.'k~. DeLong asked Mr. Roberts to inalude that the balance of $5, 700 be taken f~om ~napp~op~iated Funds. l~Lr. Roberts said it it will help an~ any, yes. ~o DeLong said it will help because we only have $4, 000 -- Mr. Roberts amended his motion. Mayor Jackson asked if it' was necessary to read the other bids as it has been suqgested at fo~mer meetings that a].~ bids be mead. She asked if she should read the rk3~aes of the people that did bid and ~:t~. Wallace said to do so if they were goio~ to three unit -- to read the p~ices of 3-unit which is what we went out fo~. Mayor Jackson proceeded to read: Advance Air Conditioning Atlantic Refrigeration Do Lo Foisom Chrysle~ Air TemP Ha~ahorne Roofin~ & Heating Lantana Sheet Metal Palm Aire Cooling Unit $17,7~8.00 ~ 18,645. O0 '~ 12, 690.00 ~ NO bid i~ 17, 750.00 ~' 26,100.00 1~ 14, 200. O0 Referring to Palm Air~, Mayor Jackson reiterated that they were the ones that did ... there was a lowed one, but they did not meet the specifications -- is that correct? Mro ]~ohl said that is ~ight. ~.~yom Jackson repeated the motion to accept the bid of Palm Aire and asked if there was any discussion. ~otion carried 5-0. Mayor Jae~cson brought up the subject of the delivery date and ~. Kohl said it's 45 days on the specification and he did take the libemty to call two of them in ease they vould get the bid. Palm Aire has told him that the one unit would be in within the next two weeks -- the first 2?- ~/TES OF REGULAR CITY COUNCIL ~EITNG CITY OP BOYlqTON BEACH: FLORIDA JLhNE 5, i973 unit -- since t~ ey were the second iow bid and the first one did not meet specifications. 250,000 Sq. Yds of Slurry Seal Surface Course Mayor Jackson brought up the next item on the agenda pertaining to bids for street repairs -- Plorida Sluzn~y Seal Corporation. Mr. ]~hl said as the Council tQnows, he tried to get this under the County bid and he was instructed by the attorney that he couldn't go this ~oute so he had to go out for bids, The bid turned out to be the same thing that was in the County -- and the same company was the low bid. This was Florida Slurry Seal and this will be taken out of Account No. 2500-520-08 and P~. ]~ob_l said he would like to get staDted on this prog~%~ Mayor Jackson asked if it was a budgeted item and Mr. Kohl answered yes. Mr. Roberts said he had one question ... he thought we spoke about this before and he hoped that the work would be a little better'than what he saw by some private contractors ... Mr. ](ok! said as he mentioned to Mr. Roberts -- he went with him and also went to the County and saw their work. The County is very happy with their work and ~. Kol%l said he was very happy with it. He also went to North Palm Beach and Manager Robbins up there is very pleased for the last three years ~th the street p~ogramunder the Slurry Seal. Mr. Roberts moved to accept the recon~endation of the City I~ianager to go along with the Slurry Seal p~ogram. Mr. Hazwnening seconded. Mayor Jackson asked if there was any dlscuss~on. Motion carried 5-0. Median Strip Alterations on U.S. ~.1 Mayor Jackson introduced the next item on the agenda -- proposal from Goose and Gorum Construction Company, Inc. 1,~r. ]~ohl said as the Council knows~ we have tried to get people to take on this job, putting in median strip alterations rom Sterling Village and Hampshire Gardens and %~ve been unsuccessf~al because no one really wanted to do this type o~ work. We were instructed by the Department of Transportation t~hat Googe and Gorum, who ~rks quite a bit down in Broward County would do th~~ ~rk and could do it and they were highly in favor of these people. We have talked to Googe and Go, urn about $9,000 per unit. We do have t=~o units -- one for Sterlinc Village and one for Hampshire Gardens which comes to a total of $1~,000 and the City ~ill pay the bond of $360.00. ~ir. ]~obl recon~nended at this time that we get started on this. Mr. Harmening moved to accept the recommendation of the City Manager seconded by ~. Roberts. Mayor Jackson asked Mr. DeLong if he would like to speak and he said he~d like to be ~ecognized after the vote on this particular issue; he - 28- I~ffNUTES OF PdEGULAR CITY COUNCIL ~ETING CITY OF BOYNTON' BEACH, FLORIDA JI~E 5~ 1973 did not want to hold up this project. Mayor Jackson asked if there was any discussion. Mr. ]Ich! said he forg~t to mention this would be paid out of Streets Department, Account No. 2500- 58~. i~iotion car_ied~' 5-0. i,iayor Jackson recognized 5~r. DeLong. He said this is another occasion where the ta×payers in the ~ty o~ Boynton Beach were more or less being taken over the hurdles. Here's a developer that went into both o~ these projects: he cleaned up~ he left~ and now ~re saddled with an $!8~000-odd e×~ense. I~r. DeLong p~oposed here now a motion for an ordinance to be drafted by the City Attorney in order to ~re or less curtail this type of activity in the future. ~. DeLong said at the p~esent time he moved the City Attomney draft the appropriate legal inst-~umenr whereby ~;nen necessary to construct ruin%lng lanes and median strips within the City limits of Boynton Beach~ F!orida~ in orden3 to provide ingress to any development under construction or to be hereafter constructed, no plot and/or plot plan will be approve~; no building permits foradd~tional units or certificates for occupancy i sued u. ss the evelo a ee t0.d a o ame. ~. ~e~ong repea~ed that he made that in the form of a motion. M~. Harme~ng seconded the r£~tion. Carried 5-0. LEGAL .Ordinances - 2nd Reading - Amending the Pension O~dinancn Mayor Jackson asked Mr. Simon if this was read at the last regular meeting and he-said yes. Simon said this would be the second reading by caption only of ordinance No. 73-16~ Amending the Pension Ordinance -- amending section ~¢r. Harmening moved for the adoption of O~dinance No. 73-16 on second reading. Mr. DeLong seconded. ~ayor Jackson asked if there was any discussion. Motion ca,tied 5-0. Ordinances - 2nd Reading - No. 73-17 - Re: Order and Decorum at Council Meetings Mrs. Padgett said there were three people who wished to spes]~ on this ordinance. Mr. Ezell Hester, 3_106 N.W. 1st Street~ said he didn't think the ordinance was needed~ personally. He said the reaSon for this -- he thinks somewh~e in the Constitution it guarantees the right of freedom of speech o:. and the ordinance as passed would kind o~ gag people. The way he read it, if anybody on this Council deems that if he was saying anything, he could be removed (he asked to be corrected if he I~k~dTES OF REGIILAR CITY COUNCIL tiEETING CITY OF BOYNTON BEACH: FLORIDA JUNE 5~ 1973 was mistaken) and he could not come back to the Council or something. He said maybe that was not the way, but that is th& way he interpreted or read it. Mayor Jackson said she believed this has been an unwritten law in fact, she '~new of times when it has been brought up before. '~ere~s one t2~ing in this that Mr. Hester v~s missing ~.. and that is if the Chair doesn't keep or. der in the room, that any other member of the Council can do it ... Mr. Hester said he third~s Council adopted at the beginning -- Roberts Rules oF Order (Mrs, Jackson agreed) and he asked why that cou!dn~t suffice -- wasn't it st-£ong enough? ~. Hester said it was going to be made so that if he should come up and say something that is interpmeted as throwing out some kind of a remark -- that Mr. Huddleston oan be requested to r~move him from the Council -- then his understanding was correct. ~yor Jackson asked if ~. Hester had ever known anyone on the Chair to stop anyone f~om speaking ... and lg~. Hester said he was trying to get at the ordinance being passed -- he was not concerned about happened before. He said let's go back a couple of years when you (Mayor Jackson) were not on the Council -- when you did the same thing, came here and said what you wanted to say -- nobody ren~ved you -- you could say what you wanted to say. Now s]~] of a sudden the shoe is on the o~er foot -- I don~t want you saying anything against me. M~. Hester said he just didn't understand ... take that sign down, it's no good ... we live in a democracy. Think about Watergate -- do you thi~ somebody is going to say something that you might have something to hide -- is that what it is? Mayor Jackson said i~. Hester brought up something that she was just about to bring up -- Wate~gate. She saw them taking people out who had been ~y and causing problems so they eoutdn:t conduct ... Mr. Hester said but they were back in the audience -- they weren't talking. He said he v~s t~Icing if he should come up here s~nd say something that she (Mayor Jackson) didn?t like or one of the Council -- maybe he was interpreting this thing v~ong ~%d l~ayor Jackson said she thought he ~as . .. Mr. Hester said he didn't thinl~ anybody should take his right of f~ee- dom of speech ... and Mayor Jackson said she didn't either ... Mr. Hester said he would probably be the first one to go to jail after this was passed~ but it didn't make sense to him. He said let:s review this thing -- before now, sure~ we~ve got to have decorum. I told you a rminute ago that the person sitting in that chair controls the meeting° If you've got a strong person in the chairs then that person ought to be able to control the meeting. Hedidn~t see the need for gagging people and that's what it amounts to, it's really gagging people. He said if someone said something slanderous, they should be taken to - 50- MIR-GTES OF REGULAR CITY COU~CIL ~ETING CITY OF BOYNTON BEACH, FLOPs!DA JUNE 5:1975 court. He said !errs be realist~_'c -- five people are here -- if hers not mistaken, Harry T~un~n said if you eantt stand the heat~ don~t get in the kitchen. In essence, Mr. Hester explained that he felt if the people on the 2ouneil couldn't take criticism, they shouldn't be there and he thought they were really tying the peoples~ hands of this con~unity by passing this ordinance and that it wasn't necessary. There was sorae further discussion back and forth be'~een Mr. Hester and Mayer Jackson, during which 1,~. Hester said that nobody~s made a big issue of this before. Mr. Roberts said he %~uld like to give his interpretation, since ~. Hester asked about interpretation -- at least he thought this is what it was. At the beginning2 of the year and several Co,ceils previ- ously, this is not the ~irst one -- they allowed public audience for X number of nutes in order not to hold up the business of the Council, which has been keeping us going kind of late and we felt that having extra timing after that particular time v~ ~uld be held after the Council had ~inished with its regular ~asiness. At the present time, there are many people coring up here who like to make lo~ speeches -- I don:t know what the reason is since they never offer anything constructive -- it's usually destructive. Mr. Roberts said at least he thought that this paz~cieular ordinance was to limit the speeches ... (~. Hester said that's not what it says, though) ... and ¥2r. roberts said to let him finish-- also if it had nothing to do with the business at hand and a person would just come up and ms/~e a rabid speech, he didn:t think that was in order and if they v~uuted to speak, they should be allowed to speak ~cer getting through ~th the regular business. Mr. Roberts said he would buy that. Mr. Hester said he would too, but the way he read it in the newspaper, it didn't say that -- it just said people caught talking ... maybe he didn't read the whole thing, but he didn't think it was needed. Maybe we should go back to what it used to be -- give five minutes, cut off and sit do~m and that's it. He said he was guilty of lots of things and has been getting by because the Chair let him get by. He then spoke about rebuttals -- if he was opposed to something, one of the Councilmen would do -- then some of the people like the Council members and come up ... that's not called £or. ~.~. Poberts said it gets out of hand. l~yor Jackson then read an excerpt f~om Roberts Rules of Order con- corning failure of the presiding officer to eot. Mayor Jackson said in othem words~ if the presiding officer did not provide order~ it was up to the other members o~ the Council to step in. There was further discussion between ~dr. Hester and Mayor Jackson on this point~ during which Mayor Jackson said she has never stopped anyone from spooling or cut them short, particularly during a public hearing, etc. Wallace said if this is the case, then we certainly don~t need - 31- ~-~II~dTES OF REGULAR CITY COUNCIL ~ETtNG CITY OF BOYNTON BEACH, FLORIDA JII~%UE 5~ 1973 this ordinance. He said it was supposedly copied f~om the City of West Palm Beach and if you were to call one of the County Coma~issioners .most of them would tell you that it's already forgotten that it was even on there and itfs probably ur~a%forceable and they don~t believe in it in the first place -- and if you call to verify with one or two of t~hem: they'!! say to their knowledge -- and some of them have been on there for years -- that this has never: ever been enforced in any mar~em to anydeg~ee, i~'~m. W ~allace said that also one of the things that we k~re going to t-~y to c!amify 9zas some of these o~inanoes and codes on our books that ~re unenforceable. If he were to ask each me~nber of the Council sitting up here this evening~ and asked the attorney and each one in here (he quoted f~om Roberts Rules of Order) ... the presiding officer shall preserve strict order and decorum at all meetings ... any person ~mlcing personal l.~r, Wallace said to each one of us you~e going to get an individual definition as to how and what he looks at as personal. He then gave a dictionary definition of the word, personal. If two individuals are holding hands or letfs say swinging hands at each otb. em up here, there's always a recourse of the law that's open to the~% I~ we were to go to the term impe~tinent~ insoient, etc. ~iT, Wallace said many people come up here who be//eve in what they say and someone back there or I as an individual may say that's a haughty person. Does that mean that I~m going to ask (to have) that particular individual restricted from speaking before the Council? Mr. Wallace then spoke of the term, slander, and sa~d that if any member of the Council ~elt they had been slandered, they eoutd take the same eoumse that was open to anyone else -- get an attorney and go to town %,~th it. He then spoke about being boisterous and asked how many people you:ye heard who~ve been up here and have heard that when this Council makes a vote and they're a~] for it -- it sounds like the cheering squad at football games. He asked if they would be thrown out simply because the Council did something that they're in favo~ of -- or throw the other group out~ otherg~-se~ because they didn't like the position that was taken. ~r. Ws/]ace said: consequently 'to him~ and as looking at it as an individual and as a member of the Council~ upon the inst-muctions of a presiding officer om the majority of the City Council present -- so here I could come up here and suppose I look at one of 'these and say: sorry~ Buster, but you're boisterous and I ask the Council fo~ a vo~e for this man to be th~o~n out, Now on that basis: do each one of you think that there's going to be a majority? This. is what that it's going to take %.~ith it and biT. Wallace said he just didn't tlmink that the ordinance ~s a necessit-f. ~heme are too many things that we already have on the books that a~e open to us -- there are Roberts Rules of Order tha~ provides for a Sar~eant at Arums ~- there is al~ys a mertber of the Po!ice Depar4~nent here and ~,~. Wallace said that in al! the history of the time that he has been co~ng to Council meetings in the City of Boynton Beach: therefs an awful lot of things that ame said up heme that he didn't agree with -- he may not agree with, the people that say them~ or with what they say~ some~mes it may be the case: but if you're going with Roberts Rules - 32- ~.f~hVdTES OF REGI1L~AR CITY COUNCIL I,~JEETING CITY OF BOYNTON BEACH, PLORIDA JU~UE 5, 1973 of Order and it says that you have a Saz~2eant of A~ms and he was quite sure that if someone were to get up there aD~ to be what you would consider completely out of line, then he was quite sure that we have a police force that is capable of handling any discrepancy that %,Duld t~anspire to take place up here, even physically taking a person out. Mr. Wallace said he %~uld like to ask another question -- if a person is going out of here and is being manhandled by the Police Depar~cment, consequently he slips, and you've got a lawsuit on your hands ... and so~ there a~e many different things that could be built into .., and ~4r. Wallace closed by saying that he didn't believe in th! s ordinance and he would hate to see it adopted by the City Council. (Applause) [.ir. Roberts said to [;n~. Wallace that he was not '~z~ying to r,~ke this an issue as it took up a lot of time over very little. He said he sat up here one time when one o~ the members of this podium (who he ~uldn~t refer to by position or name) -- and he held up a bunch of bs=nanas to a lot of the people in the au. dience who he was more or less in discussion with -- do you thim~ thatrs the proper '~pe of decormm in the Council chambers? l~ir. Wallace said he didn't feel it was proper, but here again, should the person who is sitting in this middle seat have the gavel in hand ... and believe me, that any time that I am sitting up here and t think that things are getting out of line: whether that gavel falls and what have you -~ and I notice that most of the memJ0ers up here do the same thing -- they say tet~s get on ~¢ith the meeting, or let:s call for the question -- we kind of nudge over here one way or the other to poud%d the gavel_ -- so we're getting the message across without a restrictive type of ordinance that looks to me as it is presented here that is meall.y a restrictive freedom of speech. Mr. Roberts said that his interpretation a little While ago that we get carried away by these long-vf_nded speeches which have no bea~ing on anything, except persons! matters and personal business and advertising and a few other instances .., Mr. Roberts said he thinks those partieu!ar speeches should be kept until the Council is thmough %~th th~ regular business and he thought that tlmis ordinance ~ould help. }~. Wallace said limit it to t~ or three minutes and bingo. Mayor Jackson then called Mr. ~z~tehell to the n~crophome. Mr. ~tehell said if ~.'tr. Roberts was finished .,.(there were sevema! people talking at once) ~lr. DeLong said he thought that in order to follow procedure, inview of the fact that the City Clerk has had a list of the people who want to speak, it %~Duld be the proper order o~ busirsss to permit every- bodyon that list to speak before the City Co~ucil m~mbers get engaged in the conversation. - 33- MINUTES OP REGULAR CITY COUNCIL ~AEETING CITY OF BOYNTON BEACH, FLORIDA 07dNE 5, !973 Mr. Mitchell said first of all that Mrs. Jackson said she didn~ t like to cut people short~ but she did that to him at the outset tonight when he came up here and she decided that she didn'T want to listen to him but wanted to listen to one of her friends -- he guessed from Leisureville ... I~. Mitchell then directed his comments to Mr. Roberts and said that during the Public Audience, if a person wants anything tbmt he feels that is important to him as a citizen of this to%~n, he should be able to say it duming public audience and you said something to the effect that they go on and on and it's not important and it's not on the agenda~ otc .... }~r. ~itchelt said that he thx)ught if it was in~ortant to the citizen .. ~emember, you are a public servant, you were elected by the people to serve -- if you have to stay here until 4 o~clo~ in the morning to carry out the City business, you were elected to this job, you came to it because you wanted to come -- because you wanted to stay here until the wee, %~ee hours of the morning if neeessaz~y to do the %.~rk. Mr. I~itehell said it seems to him that also in addition to that, as Councilman up he~e~ you (Mr. Roberts) came up here to accept abuses -- otherwise~ you shouidn~t be up there. You know that these things come from the public. Mr. DeLong said we get them and Mr. i~itchell said yes, you get them and you deserve them because you are the public servants and you are going to get these things -- you knew this when you came up here. If you did-n~t want the job, you shouldn't have r~n. Mr. Miteheli said it seemed to him that we are trying to go to a police state here -- that _you can't say anything in the Council, that you've got to be as if you were in church. TDis is where we com~ to try to air out our grievances to you, to t-~ to get you to understand us as citizens and try to do something about these things. He said he didn't see the importance of having the police standing around here and if somebody says something that you don~t like, you're going to t~y to put them out because they're not in your corner. You're not going to find that every citizen is in your corner. FzP. ~itcheil brought up the past and said when these things were happening to previous City Councils and you two were on there (referring to Mayor Jackson and Mr. Roberts?), he noticed that many times when people got up here and opposed the other members of the Council, you sat back and there was a smile on your face -- you enjoyed listening to this ... but now it's time for you to catch this kind of stuff and you don~t want to catch it. You're afraid of it and this is why you're doing this ... you don't want to face it. Mr. ~tehell said he felt it was time if you wanted to be our Councilman, you're elected by the people -- he thought he voted for some of the members ... I4r. Rohei~cs interjected that he just wanted equal time ... ~o YJtchell eontinued that you ought to be able to accept this and transact the business of the City -- otherwise you ought to resign from your job and let somebody else get up here. He felt that this ~LINUTES OF PJEGLbLAR CITY COUNCIL MEETIMG CITY OF BOYNTON BEACH~ FLORIDA J~NE 5, 1973 ordinance (order and decorum) was ridiculous. He then said to Mme. Jackson -- as Mr. Hester said, if you can't control the meetings, thor% you ought to step down and let somebody else be Mayor -- you're supposed to control these meetings and not let them 9mt out of hand. Mayor Jackson spoke in the background ... and P~. ~iitchell said that even though she was a lady -- he has seen ladies that were stronger than some men ~.. they pound meetings, they pound big things. Mm. Mitchell said he agreed v~th Mr. Wallace and Mm. Hestem -- this is just ridiculous that you want to come up with some stupid tbing as this. PL~. Roberts asked if he might ask Mr. Mitchell a question. He said you've had a lot of time -- and Mr. Roberts asked if he might have equal time. Mr. 5iitchell said~ suit yourself, he would stay here just as long as Mr. Roberts. Mr. Roberts said if he could get equal time, he wouldn't mind listening to some of these, people ... and Mr. PRtehell said oh, you mean on some of these issues that come up? Mr. Roberts said he wants a chance to debate. Mayor Jackson interjected that as long as she asked the people who wanted to speak on this, is it all might if we let the others ... she asked if there was anyone else who wanted to speak. Mrs. Padgett answered, Mr. McLean. Mayor Jackson called Mr. McLean forward. Mr. O. T. McLean said that after listening to 1~. 5~tohell up heme he hoped that he could make his point one tenth as well as he n~de his. Mr. McLean said to the Couneii that tkis ordinance wasmerely paperwork on their part. It has been proposed (and he asked Mr. DeLong to correct him if he was wrong ) -- but he b~1~eved Mm. DeLong was the person who initiated t~s ordinance. Mr. DeLon9 said you're so far off base, it's not even fum~y. Mr. McLean said if he was off base, he would apologize -- if he made a mistake~ he was willing to admit it. Mr. DeLong said he would tel!Mr. McLean what he didwit_h this ordinance ~en he first looked at it, he was the man who moved when it was intro- duced to have the City Attorney go over it himself and more or less condense it -- when he looked at the ordinance per se as it was presented or brought here. ~. DeLong said he had nothing to do with it other than after revie~ng it, telling the City Attorney r~ght here, pub!iely~ that he believed it shnuld be condensed -- to only use here what was necessary or would suit our purposes -- so you (Mr. McLean) were wrong on that count to which Mr. McLean asked him to accept his apolog~les.. Mr. DeLong accepted. Mr. McLean said he made one other mistake which he ~ould like to correct. He said he wrote a letter to the editor wherein he stated 35- MISUdTES OF REGULAR CITY COUNCIL MEETING CITY OF BOYNTON BEACH, FLORIDA dUNE 5, 1973 that this ordinance was uneonstitutiona!. He did so on the advice of his attorney -- a law firm of Don Kohi so advised. After this came up and the reason he was bringing this point out now is because he said, every effort has been made to destroy his credibility in this City simply because as one businessman in the City of West Palm Beach made the statement -- I have enough guts to stand up and fight for my business rights -- to operate my business with the freedom that I am entitled to and have a license to operate for. Mr. McLean said so every effort is being made to destroy his credibility. He said he has made a point of everything he has said, he has proof -- he has s~rn notarized statements -- of many things in ?~s files under lock and key in bank vaults that would bactc him up in everything that he says. So this one mistake that he made was on the advice of the attorney that this ordinance was unconstitution~. Mr. McLean said he asked the attorney not to give him an opinion, as such, but to give him facts so that he could quote. F~. McLean said he paid the attorney to research t/ois, Mr. Simon, and he came baok after he spent more than half a day in the law library researching this ordinance and he came back and advised Mr. McLean that he would have to retract what he said that he had informed me he could say -- in that he had determined the ordinance, as %~itten, was not unconstitutional -- and could be enforced: however, the enforcement of it and the method by which the ordinance had been presented to the public and would be adopted by this council -- if carried to court, would be determined to be unenforceable: simply because it ~uld be attempted to enforce it in a way that would prejudice the enforcement of it by the members of the Council who insist upon having this ordinance passed. Mr. McLean said the main reason he was in opposition to this ordinance, in spite of all the liberties and freedoms of speech and so forth that come up, is simply because the ordinance is superfluous. It*s just another law on our books in the City Council, in the City Hall that the people have to read and know about that isn't needed, because our Charter, if all of you will go into it, makes all the provisions for proper conduct of business in this Council, with proper means and methods of enforcing decorum and proper procedure here. You will find if you look under the duties of the chief of police -- he is ~esponsible for being in attendance at every meeting of the City Council -- or one of bis designated representatives -- who are here for an expressed purpose of maintaining order and decorum if called upon to do so by the presiding officer of the Council who ~11 be Mayor. lit. McLean said we have no need for an ordinance like this. The only thing an ordinance like this is going to do for this City is to allow someone with a mean twist of the mind, or some hot-tempered police officer (he then made mention of Jack Pear's prog~ara the pre- ceding night v~th relation to his discussion about policemen ). Mr. McLean said if we got a slapstick happy policeman in here some time with t~s ordinance, we could be in troub!e. Mr. McLean said he had two lawsuits against the City now on something like this. He said he couldn't discuss them any further, but they are against the City and - 36- MIN~dTES OF REGULAR CItY COUNCIL M£ETI~NG CITY OF BOYNTON BEACH, PLORIDA JUNE 5~ 1973 eventuetly he would be able to say what's happer~ng. Mr. DeLong said to Mr. McLean that he shouldn't be too upset with what the gentleman on Jack Paar's show said the night before because if Mr. McLean listened as closely as ~,~. ReLongdid, he would have found out that he was the ~andson of Freud (laughter). ~lr. McLean said he was very much aware~ that he listened ~th both ears ... but coming back to what we were talking about with this oz~Iinance, every time a law is passed in this country: you w~l] always find that theDe are la%,¢s on the book that if properly en~orcedwould accomplish whatever this new law wsa/ts~ and this new !awwil! always have some little hook or crook in it that is going to further restrict the liberty and the freedom of the people in this countw -- so if we have the laws already on the books fo~the proper conduct in the business of the City Council, why put something else on there which can serve, if for no other pu~pose~ but as a stepping stone to further rest-~ict the rights of everybody in this audience to get up there an8 say %~at they %,mntto~ when they want to and how they want ~o do it, as long as ~hey don~t become ... and M~. McLean said he didn't know what the word wo~,ld be because now we don't recognize porno~__aphy as being i/legal in this country .o. it would be hard to say what would be wrong to say in public any more. ~;~. McLean said he has a special feeling about this because in the Roberts Rules of Order which the Council adopted, it provides all safeguards for the p~oper conduct of business, and und~ Roberts Rules of Order, the last time this ordinance was voted on, ~ir. McLean said he was refused the opportunity to speak up here -- Madam Mayor came back ~nd stated if 4/5 of the Council would vote to permit him to speak, he ~uld be allowed, other~ se she ~uld have to ignore it. Well, Mayor Jackson was the one who brought up the p~ocedure of the Council to be followed ... the Roberts Rules of Order. ~Ir. McLean said he had been reading Roberts Rules of Orde~ since he was in high school -- he studied parliamentary law but was no expert on it and has forgotten more tbmun he will eve know -- because he never used it. However: he's been reviewing it and he can't find anywhere in Roberts Rules of Order, for examp!e~ whereby when a motion is on the floor and is being discussed, that you cannot reopen discussion the audience. Roberts Rules of Order specifically states you can open it at any time, even when it's on a vote and Council has voted by holding discussion. But the fact remains the procedure has always been here in this Council that when we ask to speak on something here, we are allowed to speak on it and P~. McLean said he was not permitted to do so. If this ordinance is passed -- it's going to give you a real leverage to keep me from speat~ng or anybody else in this audience from speaking on something when they want to. Mr. McLean said he didn't know what to say to emphasize the fact that he can't understand why people that have been elected by the citizens of the City of Boynton Beach, provided we have (I expect) the highest level of intelligence per capita of probably any comparable eity of this size -- would have officials sitting in the City Council that can't be awa~e enough of their o~nlaws under which they operate that 37 - MINIiTES OF REGULAR CITY COUNCIL ~ETING CITY OF BOYNTON BEACH, PLOP~DA J~NE 5, 1973 that they have to go passing new laws which ovez~ride and become superfluous in the conduct of business. Mr. McLean said you don't have to do those things. You shou3~ t~ve the mentality that would far exceed the necessity for putting yourself on the level where you have to go to something like this. Mr. McLean then said he had a flag flying over his station on Memorial Day in memory of his brother who had lived for the freedom of speech and action. Mr~ McLean referred to a mark made at ~e meeting where he Washer allowed to speak -- that this was a Council meeting and not a pu301ic.meeting. Mr. McLean said that he thought the whole idea of these meetings was to make them public meetings. He believed that the Sunshine Law ~uld keep you f~om meeting any way othen~ than as a public meeting where people can get up and debate and express theiD rights and vi .e.ws. He said anyt/~ng you do to restrict these -' it doesnCt set well with you or with the people like his brother. Mr~ ~eLean said he couldn't say the things he~d really tike to say and when someone makes such an effort to restrict the freedom of speech expression that y~u are attempting to do in this ordinance. I~. McLean then-read f~om a letter he wrote to the editor of a newspaper the other day. Mm. McLean concluded by saying that he hoped the Council would think abo~t this ordinance o Mayor Jackson asked M~So Padgett if there was ~uyone else who wished to speak ... and Mr. DeLong asked if there wasn't anyone on the Council who wished to speak on it -- he said he'd like to voice his opinion. Mr. DeLong said he believed that most legislative bodies in the nation have adopted ~Lles Of decorum. He believed there was much undue alarm. He has studied the ordinance and could see nothing in it which would infringe or abridge any individual's eonstitutional rights. He felt that this thin, has been carried away and built up as to be all destroying which it is not and the way he looked upon it, he would be the first individual who would fight for somebody's rights~ if they were being abridged. He compared the ordinance as looking at insurance ~nd the undemtaker -- it is there if and when you want it. Mayor Jackson said she would like to add that she feels very definitely that everyone has the right to speak and she would be the last person to ever want to stop them. As far as this ordinance is concerned, tbis is to keep it so that we up here can conduct oum business as necessary to run the City -- and not having disruptions in the audience at the same time. Mr. Wallace said he would like to add one other thing to this inasmuch as possibly one of the reasons he:s been a little bit perturbed inas- much as two members of the Council have just stated that they v~uld not deny anybody the right to be heard ..o previously, Mr. Wallace said, he asked the City attorney when he had asked to be on the agenda and placed his name by an item on the agenda -- and he was denied the privilege of even speaking on that, being an elected official because he thought it was interpreted as ~eing a motion to reconsider and yet it was at another complete meeting at which that motions may be - 38- ~5R/TES OF REC4/LAR CITY COUNCIL MEETING CITY OF BOYNTON ~EACH~ FLORIDA 01/NE 5~ 1973 b~ought up that %~uld not get earmied ovem from this pamtieulsm thing. I,{r. Wallace said that as he stated at ~at time if the parliamentamian or the City Attorney should come in with a lwoling that said that Wallace read or interpreted the Roberts Rules of Order that is then he would be more than happy to apologize for it~ om for bringing this particular item out. But again~ he said~ looking at it in that m~ner and in that light~ there amc more mest~ictions on members up here in the Council because actually, if he wanted to shut someone else as fas as a member o~ the Council on debate~ ail you have to do isoall ~o~ the question and that cuts off the debate~ and even at times~ though he said he ~Duld like to~ but he d/dn~t think this was correct and p~oper -- this is one of the reasons when this thing was brought out in the beginning this evening~ he entered into the dis- cussion at that particular time because it simply points out some of the inequities~ shall we say~ of which that each of us delves into ... because if we were out of line when members of the audience came up here to speak -- then ~;m. Wallace said, he thought we should have been gaveled down as well. But this is the reason that he says with the understanding and with the idea that the people are up here to do the best job of which they possibly can do ... it's just common decency and he didn't ~hink that something that was th/s ~es~ietive needs to be on an ordinance in the City of Boynton Beach. Mayor Jackson said she was glad that Mr. Wallace brought up the subject about the ~eoonside~ing because she did want to divemt just a minute and ask Mr. Simon ... if somebody votes and the majority of the vote goes a eemtain way~ is it considered reconsideming the vote if it's put on by one person who~s not on the preva/lingside ... isn't that the ruling in Roberts Rule§ of Order -- that only someone who voted on the prevailing side can reconsidem to b~ing something back to consider the vote? Mr. Simon said it was his understanding that it was tmue when you're talk/ng about the same session -- but when that session's concluded and you have a brand new session~ then a motion to reconsider would be ~ch like a motion to renew consideration. Mr. DeLong said to Mr. Simon that his point was well taken about the time this particular item appeared on the Agenda-- he felt that Wallace didn't want to reconsider and in view of the fact that he (~;m. DeLong) understands a little bit about Rob~csRules of O~der also~ and he knew]not being on the prevailing side -- that he himself could not~ if this was his desire ... so this is why he (~4r. DeLong) made the move ~or reconsideration because he felt if there was a feeling on the part o~ any Council member who has been in the minority that he would like to go back into a previous question~ he would be the last one to t~y to hold them to that rule of c~der to depmive him of that opportum/ty. Mayor Jackson Said she would like to apologize fo }{m. Wallace ... what she was going by was where it says ... can be made on the same day or 39- MINUTES OP REGULAR CITY COU~NCIL MEETING CITY OF BOYNTON BEACH~ FLORIDA 0/INE 5~ 1973 on the next calendar day and since we donTt have a meeting on the next calendar day, she had assumed that it meant the next meeting and she apologized againtoMr~ Wallace. M~. Roberts asked for the reading of the ordinance and if the business could be moved along. Mr. Simon began the second reading of Ordinance No. 73-17 by caption only, re: Order and Decorum at Council Meetings. Mr. Roberts moved for the adoption of Ordinance No. 73-17 on second reading and ~;~. Harmening seconded. Mayor Jackson asked for any discussion and Mr. Wallace said he had nothing to add. Motion carried 4-1; Mr. Waqlaee dissentim~. Mr. Harraening said that he got cut off in the ddseussion and Mayor Jackson apologized. Mr. Harmening said he had a very brief statement and said that he hoped under the ordinance that some of the discussion would be limited to three minutes and in nearly every ease -- he said he realized tb~t every subject may not be properly eovered in three minutes, but we've spent approximately 40 minutes this evening on this one item and most of the conversation has been redundant. Mayor Jackson said she thought she might buy a time clock and set it up for three minutes and Mr. DeLong said it ~ght be a good idea to limit those on public hearing for five minutes. Mr. Wsllace pointed out that it was 10:15 and asked if the meeting was going to stop or go on. Mayor Jackson asked if just the Legal should be finished and Mr. W~llaoe said 'he would like to make a statement because he explained the other evening when tb/s thing came about, he would be unable to be here tomorrow evening or tomorrow afternoon or Thursday afternoon as far as the completion of this agenda ... so that any part o~ it that is left over ~ill have to be without Mr. Wallace because it was the f~ual days o~ schoo~ the exams, the time and the youngsters on campus and he felt he must be there. Mayor Jackson suggested completio~ the Legal part of the agenda and the Council agreed. Ordinances - 2nd Reading (Cont'd) No. 73-18 -- Approval of Plat of Mango Heights P~r, Simon began Ordinance No. 73-18 on second reading by caption only -- An Ordinance of the City of BOynton Beach, Florida, Approving Plat of Mango Heights~ etc. Mr. Wallace moved to approve Ordinanee No, 73-18on second reading and was seconded by Mr. Ma~mening. Mayor Jackson asked if there - 40 - MIN-dTES OF REGLLLAR CIf~ COU/~C!L MEETING CITY OF BOYNTON BEACH, FLORIDA JUNE 5~ 1973 was any discussion. Motion carried 5-0. No. 73-19 -- Approving Plat of Man~o Heights, 1st Addition M~. Simon began Ordinance No. 73-19 on second reading by caption only -- An Ordinance of the City of Boynton Beach, Florida, Approving Plat of Mango Heights: 1st Addition, etc. M~. Harmening moved to approve O~dinar~e No. 73-19 on second reading. Mm. DeLong seconded the motion. Mayor Jackson asked if there was any discussion. Motion carmied 5-0. No. 73-20 -- Approving Plat of Rolling Green Ridge~ 3rd Addition Mr. Simon ~eadOrdinanee No. 73-20 on second reading by caption only -- An Ordinance of the City of Boynton Beach, Plorida, Approving Plat of Rolling Green Ridge, 3rd Addition, etc. M~. DeLong moved for the adoption of Ordinance No. 73-20 on second reading. Mr. Harmening seconded the motion. Mayor Jackson asked if there was any discussion. Motion carried 5-0. Ordinances - 1st Reading Proposed -- Levying Assessment re Paving a Portion of S.E. 26th Avenue (On the Table) Mr. Kohl said in regard to this, he received a letter fzom Mr. Skinner after the agenda was typed. He~s out of town and he asked to be put on the next agenda. Council agreed to leave this item on the table. Resolutions Proposed -- Amending Civil Service Rules and Regu!ations (On the Table) Mr. Harmening moved to take this item from the table. Motion was seeonde~ by ¥~. Wallace. Carried 5-0. Mr. Sullivan, Personnel Officer of the City of Boynton Beach, said he vould answer any questions, othe~E se, he would go over this pro- posal briefly. He said he was trying to clarify certain sections of the hook and also add some sections which were not included when the hook was adopted last July. He said if the Council liked, they could start with the first section if they would just like to ask questions. Mr. Wallace asked if this has been discussed and gone over by the Civil Service Board and Mr. Sullivan answered no. Wallace asked, has their input been put ... Mr. Sullivan said he knows one section that they are very concerned about and that is the death benefits which we now call Compassionate F~q~dTES OP REGULAR CITY CO~kNCIL ~ETING CITY OF BOYNTON BEACH, PLORIDA JUNE 5~ 1973 Leave (on the last page)~ Fir. DeLong said he would like to ask a question and said this does not have to come before the Civil Service Board. The amendment was made, recommended by the Pe~sonne! Director and approved by the City Manager and then he can forward it to the Council %~th or without amendments. Correct? Mr. Wallace said that's correct, but usually we refer things over -- you've got a Board and this is the only reason I~m askingwhether there had been any input from them or not.. Mr. Roberts said there's possibly one small correction on Page 2 -- about sick leave with. pay -- change as follows: Notify the immediate supervisor not late~ tha~ one hour after the beginDing of the scheduled workday of the reason for absence ... or within lesser limits if re- quired by the department head. ~ir. Roberts asked if that would cause any prablem for the department head to set up his own rules° Mr. DeLong said he had an objection to that -- he had it out3ined because now what you're doing with this particular amendment -- you're fragmenting your rule per se. Mr. DeLong said you should have the same z~le for everybody in the City employment and don~t leave it up to the individual department heads because one department head may want it one ~ay, another -- another, and now we're getting away from the intent of the rule. Mr. Roberts said couldn't we leave out ... ~. DeLong said stop after it says ~absenee~ and leave the rest out. Mr. Roberts said unless you want to change the time and have that apply to all ... but the Council agreed that it was sufficient to stop at the ~rd, ~'absence'.'~ Mr. Wallace asked if it was necessary to put the hour time in there. Wouldn't that work a hardship on possibly some individuals at some particular times -- or could you just say notify in~ediate supervisor at the beginning of the scheduled workday of the reason for absence at the earliest convenience or as soon as possible? Mr. Sc]liven said it was found in some instances, people have called in at 11-12 or 2 in the afternoon or you happen to meet them on the street and they say I've had a splitting headache all day -- was I supposed to call in? Mr. Wallace said if it was a splitting headache then he'd suggest it not come under a sick leave with pay. Mr. Sullivan said there has to be some stipulation made so they know what to call in on. - 42 - MINUTES OF REGULA~ CITY COUNCIL F£ETING CITY OF BOYNTON BEACH, FLORIDA JUNE 57 1973 M~. Harmgning said he tt~ag~t this would work out administratively if an indiVidua~ employee is persistently on sick call or p~oblems o~ ~his natuPe, he Would.be mequi ~ed not only by the rules but. by the epa~ ~z~aen~ head and if. a person is rarely ever sack and come to find out that for some particular reason he wasn't able to call in within an hour, he didn't think it would be considered or treated as a gross infringement ~1 !n ~ules. There was some d~scussion among the Council in agreement that it was good to have a 9uide~ Roberts questioned whether this item was taken from the table and Hax~ening said he did. Mm. Roberts said that was the only suggestion he would have -- at the beginning of the scheduled workday the reason for absence. Mr. DeLong said he had aaother suggestion which he felt was very im- portant ... on page 4 and it says pl~ior to commencement of a hearing, the Board may determXne the procedure will be informal .. ~ follow the rule of evidence. Mr. DeLong said with all his expe~ienee ~th Civil Service, when it goes before a Board of Appeals, it's proof positive that it is of that nuch importance that you should follow the rules of evidence, tf it's anything that should be of a formal nature, it would go before the Grievance Committee ... so he was of the mind that '~prior to the commencement ... ~' should be stricken and then why do you leave it up to the judgment of the board? They may set this. ~ir. DeLong said he thinks this is an error because if he wanted to appea/ before a board, he thinks that he should have the privilege of saying yes, we want to follow the rules of evidence. He said, if you're going to get evidence against me, and I have my evidenee~ I want to follow those rules, t;lr. DeLong said it was his intention then to strike out ~prior to the commencement of a hearing, the Board may determine whether the procedure will be ... ~ and wher~ it comes informal ... also strike that out ... and then follow up witk, ~The Board shall follow the z~les of evidence and avail itself of an attomney at law of its choice whose compensation shall be fixed and paid by the City of Boynton Beach. ~ l~r. DeLong said he was very happy to see that this ~as included in this amendment be~2ause the last Civil Service trial that he had attended in this very meetin9 room here, you had the one attorney who was the attorney for the Civil Service Board and the attorney for the City ... this is not accordin~ to Hoyte. He was happy to see that the Board was permitted to have its own attorney like they do everyplaoe else tha~ he knows about. Mr. DeLong said he would recommend prior to the commencement of a hearing the Board may deter~dne whether the procedure shall be ... and where you've got (1) Infoz~_l -- and delete that enti~e sentence or what have you and then you start off vzith, ':The Board shall ~ollow the rules of evidence and avail itself of an attorney at law of its choice, whose compensation shall be fixed and paid by the City of Boynton Beach. ~ ~4ayor Jackson and Mr. Roberts asked Fir. Su~]ivan if that was agreeable. - 43- P~iSUdTES OF REGULAR CITY COUNCIL 1.~EETING CITY OF BOYNTON BEACH, FLORIDA JUNE 5, 1973 Mr. Harmening said he could see Mr. DeLong's point in this very well and to a certain extent he agreed with him completely. However, he fel~ that there ~ght be certain cases involving, as everyone well knows, the City has many employees who are frankly not capable of representing themselves under formal rules of evidence if they were held to this and it might work a hardship on t~em if they have to come in with an attorney. They may feel this is a hardship. Mr. DeLong said he would not believe this would be so because anything of a nature whereby they have to appear before the Board, he believed any employee would avail himself of an attorney and if not, or if he didn't have the thought of doing it ... Mr. DeLong said he was pretty certain that most of the employees will advise him to do so. Now if it's only going to be of a for~naI'nature, you can go before you~ ~ievanee Board and these are the type of offenses tt~.t fall within that realm. Mr. DeLong said he ~uld feel that this would be an appropriate amendment and he asked Mr. Sullivan how he felt about it. Mr. Sullivan said he would think so because anything that goes before the Civil Service Board usually is a suspension, a demotion or a firing, wl~eh is of a serious enough nature that he's going to warrant ... or try to get his facts across. Mr. DeLong asked if the people v~uld generally come in with an attorney. in these instances. Mr. Sullivan said the cases that he~s had anyway have always had attor- neys. ~.~. DeLong said, well, see -- it's of a serious nature. ~;i~. DeLon9 said he had one more ... Mayor Jackson interceded and said let's get a thought among ourselves first ... she asked the Council how many agreed with M~. DeLong that ra~hem than have the informal, we follow his suggestion. Mr. Wallace said if we looked at it on an individual basis, if you're appearing before something, he thinks you'd rather be there on a formal basis and you know that you're not going to have to come back at another time because you're just going to be covering the same ground t~,~ce. Mayor Jackson agreed, and asked if there was something else. P~. DeLong said yes ..o on page 5, YOu have page 22, section 3, Vacation Leave, 3rd paragraph, change as follows: Provisional employees shall be entitled to the s~ne vacation leave allowance to which regular employees are entitled in aeeomdance with the provisions of this section. ~{r. DeLong said he believed that instead of a ~pemiod~ after the word ~section,'~ it should be a comma and then you should include ~after having received a probationary appointment.~ Because this particular rule as it is without including ~after receiving a probation- ary appointment~ would be just thro%~ng the taxpayers' money down the - 44- MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF BOYNTON BEACH JUNE 5, 1973 drain -- you could have people here for a couple of months, and which we've had here in the past, on a provisional basis, who left and then you had given them compensation with a day for each month they were here, and in time it adds up. Mr. DeLong said, let the time static from the day they get their probationary appointment and you could include their provisional time if you so desired ... but the idea would be to make sure that they were on prObation before you would take any of the tax- payers' money end give it to them ... because if they're provisiona!~ they're gone, and now you're giving them an extra day's pay for each month they were here and Fi~. DeLeng said he didn't see where the City gets any return out of that. Mr. Huddleston, Chief of Police, wanted clarification. He said on pro- visional~ s~netimes we have older employees that are in a provisional position -- it's a budgeted item waiting on exams or something. He asked i~ strictly new employees were being spoken of. Mr. DeLong said he was talking about provisional employees who go into a position pro- visionally, and then take an examination and they passed and probably, in most instances: receive an appointment. This is the time that they should be considered insofar as vacation time is conoer~ed ... but if they're provisional and they've been here several months~ they take the examination end they flunk ... then they're leaving the City -- and then we're going to give a day's pay for each month they were here? Mm. DeLong said he didn't think ... he said this is a waste of taxpayers' money. Mr. Huddieston said he agreed with that but his question was i~ you've got a provisional employee like a Lieuterk3nt who has been here 10 years ... Mr. DeLong said no, no~ he was talking about people who were wait- ing to enter the service of the City ... a Lieutenant is a permanent employee. He either was a Sergeant promoted to a Lieutenant ... it doesn't pertain ... we're talking about the provisional employee who is waiting to take an examination. Mr. Sullivan said he thought that was a point well taken. Mayor Jackson asked if there was any disagreement with that point. She asked if there were any other questions. Mr. Wallace asked if the Council could go ahead and adopt this, and come back to it at a later t~e because theme %rome st~tl one o~ two people sitting in the audience who are in here for ... Mr. Roberts moved to instruct the City Attorney to come back with a resolution with the changes . .. (amendments to the amendments). P~. DeLong seconded the motion. Mayor Jackson asked if there was any discussion. Motion carried 5-0. -45- MINI~E9 OF REGLU~%R CITY COUNCIL MEETING CITY OF BOYNTON BEACH JGNE 5, 1973 Resolutions (cont'd.) Abandonment of P~W - DiPace & Besecker Request (On the Table) Mr. Wallace said before it's been taken from the table, he would l~ke to ask the City Manager has all that been cleared up to his knowledge? Mr. Kohl said you mean, regarding the utilities: etc.? He said he un- derstands it does not have to be: and he asked Mr. Barrett to expound on that. Wallace said before going any further: he moved to take this item from the table. Mr. DeLong seconded the motion. Carried 5-0. Mr. Barrett said in talking to Mr. Hopkins, he had asked for an easement through there, so if we get the easement for the enti~e right of way for the utilities that exist the~e: then the ... Mayor JackSon excused herself to z~mindtwo of the reporters who were leaving that there was a meeting the following afternoon at 3:00 P. M. Mr. Barrett continued ... then releases from Florida Power g Light and the other u~ility oompanies would not be necessary because the easement would still r~main as an easement. It would not be a right of way, it would be an easement. (Several members of the Council started to speak) Mr. Barrett said everything is tied up until we get that easement through there: Mr. DePace and Beseeker both support ... Mr. DeLong said: in other words, we can adopt the resolution contingent upon procedure. Mr. Wallace asked if that was made in the fo~m of a motion, and Mr. DeLong said yes. Mr. Wallace seconded the motion. Motion carried 5-0. Mrs. Jackson asked Mr. Simon if that was going to be brought back in the form of a resolution. Mr. Simon said we have it ready, but you'll want a conditional bond to get approval. Mr. Barrett also said you'll want it conditional upon easement. There was general agreement among the Council. Mayor Jackson asked Mr. Simon to read the resolution. Mr. Harmening asked Mr. Simon if that could be added in. Mr. Simon asked if that was coming from them, and Mr. Ba~ett said yes, that easement is coming from DePace and Besecker. There was some fur- ther discussion among the Council on this matter. Mr. Simon read Resolution No. 75-II - a resolution of the City of Boyn- ton Beach, Florida vacating and abendonin~ a 20 foot right-of-way but preserving utilities thereto, etc. -46- MINUTMS REGU~ CITY COUNCIL MEETING JGNE 5~ 1975 Resolution No. 73-II, cont'd. Mr. Simon stopped reading part way through the resolutions and said he agreed with M~. Ba~ett that this has to be re-written. Mr. Harmening asked if it would be better to ]u~t table this. Mr. Wallace moved to table this item until it was either re-w~itten or an answer could be gotten. M~. Ha~mening seconded· Mr. Simon said to let him th~ow this one thought at the Council. He said he was aware of some past litigation involving this partieula~ easen~nt - an alley - so he was fully in accord with tabling it until the problem is cleared because theme is a history which he believed the Council was a- ware of on this particular area. Jackson repeated the motion to table this item. Carried 5-0. Other Discuss Stipulation g Agreement - Milnor Corporation Mayo~ Jackson called Mr. Daves to speak. Mr. Daves said he had a copy of the agreement which he believedMr. Simon had prepared, which we propose to enter into. There are two questions that should be resolved by this Council. The first is paragraph 5 ... Mr. Simon asked if he was referring to the most recent one, and Mr. Daves said the one Mr. Simon gave him tonight. Mayor Jackson said we don't have that one ... and Mr. Simon shamed three copies with Council. Mr. Daves said I can relate to you what I think you should resolve. Paragraph 5 refers to the obligation of Milnor Corporation to construct a clubhouse and the agreement provides that the cost of the clubhouse will be approximately $35,000. Now, I was present at one of your meet- ings about a month ago at which this was discussed. There was some of ~our membership that insisted that Mr. Michael agree to thiss and he agreed to it~ but the discussion about the square footage was not clear ... at least ou~ recollection of that discussion. And so the agreement ... Mr. Michael's recollection, although the agreement stipulates that he will expend approximately $35:000 Ln the construction of the club- house, his recollection was that he had stated to you that the square footage would be 1s400 feet. There was some indication from this that the square footage would be approximately 2~500 square feet~ so that's just ... so that has to be resolved before Mr. Simon and I can enter into the agreement... I have no ... Mr. Simon said as Council will notice~ we've got both figures in there parenthetically~ and that's to point out the area of uncertainty. -47- MINGTES REGULA~ CITY COUNCIL MEETING J%~E 5, 1973 Milnor Stipulation & AGreement - cont'd. Mr. Wallace said Mr. Ha~mening had brought up the question back at the meeting on the square footage~ and when it came up to that point and because there was a variance in that, I think he would want to push for the 2~500 square feet. M~. DeLong said suppose we strike a happy medium on it -- how does that sound to you? Mr. Harmening said it was agreeable to him if it's agreeable to ... Mt. Wallace said heTd rather see you go to 2~500 feet. Mayor Jackson asked how many families is this going to accommodate? Mr. Daves said he was sorry but he had no idea, but al! of the n~mbers of this Association out there ... There was some discussion between Mayor Jaekson andM~. Delong. Fir. Daves said he (Mr. Michael) is committed to the $35,000 figure, in one fashion or ~nother. Mayor Jackson asked a man who approached the microphone if he had an answer to her question, and he said yes. Mr. Scott Daby, President of the Homeowners Association said at the pre- sent time they have about 100 families that are members of the Associa- tion out there. Mayor Jackson asked if he thought he could offer them less than 2,500 square feet. Mr. Daby said he didn't really know. They had a meeting on Memorial Day with Mr. Michael and the Homeowners Association. At that time they drew up plans for a clubhouse area that included a swimming pool and at the time, we agreed to a building somewhat smaller than2,500 sq. ft. Mayor Jackson said, well, if you people are satisfied ... Mr. Dares said he didn't know if this was a proper proposal, but it may be that it's not necessary to stipulate the exact square footage he'd build. Mr. Michael undertakes by this agreement to expend this amount of money in this construction. It's a substantial expenditure. He agrees also to construct a pool~ and the area is specifically designated in the agreement. Mr. Wallace said in looking at it~ letTs say if he is going to expend the sum of ... let's say he goes hard to figure $35~000 and you look into it as far as your building cost ... what's the building cost going to run you today ... can you take an average and say $25. -48- MINU~ES REGHLAR CITY COUNCIL MEETING dLH/E 5, 1973 P~ilnor Stipulation $ Agreement - eont' d. M~. Harmening said for this type of construction, he would think that is just a shade high. You're in an open area and it could be done fore less than $25. Mr. Wallace said to Mr. Barrett -- what do we have? Mr. Barrett said when we originally discussed this, we discussed what was going into the clubhouse -- what type of finish it would haves and he thought someone on the Council asked him what the cost would be: cud he answered approximately $20-25 per sq. ft. Mr. Wallace said and if you figure and divide that into $35,000, how many sq. ft. are you going to get out of it -- you're not even close to 1400, are you? Mr. Harmenin9 said there's a good question here whether we're discussing Milnor's cost or Milnor's cost of $35~000 plus a profit ... so to speak: p~ofi~" on $35,000 - so in one sense there would be no profit. That point right there could be a substantial dollar figure, and he said that maybe he jumped to a conclusion, but it was his understanding that $35~000 would be Milnor's cost, not the same as if it were a contract in which he figured his cost~ and got a marketable profit. Mr. DeLong added -- either get more footage by virtue of the fact that yoLfre the developer. Mr. Daves said that he would think -- he didn't want to throw a pie in the discussions he would think that this type of building - again this is just a guesstimate because I don't know what he has in mind for the type of building, but I would think it's certain to come in and cost him plenty ~ Mr. Wallace said being a builder, he could probably build it cheaper per square foot than anyone that could probably build it. Therefore: Mr. Wallace would Say that the $35,000 is possibly the relevant figure and that normally we'll say the gentleman that's standing over here~ a member of the Home Owners Association -- if I lived out there~ I think I'd want the largest building that I could get as far as available, and yet still remain on the side as far as the develope~ and so forth is concerned -- Itd still prefer to see you build it 2,500 sq. ft. Mayor Jackson said could we leave it just at $35,000, and if the Home- Owners Association ... Mr. Harmening said he thinks a definitive judgment should he made here because this could turn ou~ to be a bad joke. Mr. Wallace said you'd better believe it, and Mayor Jackson said they'd be back next year complaining about it. -49- MINUTES REGULAR CITY COUNCIL ~EETING ~U~E 5, 1973 .Milnor Stipulation & Agreement - cont'd. Mr. Harmening said he'd like to ask Mr. Simon a question about this: and perhaps he could shed some light on it. Mr. Marmenin9 said in accord with this agreement~ the a~reemant we worked out some time back -- which is what this document pretty much represents -- is it within our purview to decide this square footage, either pro or con since this figure seems to be somewhat up in the air? Mr. Simon said yes, if you'll notice the minutes -- they're quite lengthy -- in trying to condense it down to this contract: I should try and point out that the $35,000 figure speaks and refers to the clubhouse facility when you're talking about square footage: and it must be remembered you also have to clarify whether that includes the swimming pool facility itset~: or just the clubhouse. M~. Simon said he pointed that out be- cause Mr. Michael is not here -- unfortunately he had an accident. Mr. Daves said he thinks Mr. Simon's agreement as he prepared it indi- cates that $55:000 is to be expended for the clubhouse plus a swin~ pool. Mr. Simon asked Mr. Dares 5_~ he had seen the second draft that he (Mr. Michaels) brought to him. Mr. Daves said no. Mr. Simon said have h~m show it to you. Mr. Roberts asked if he may throw something in for what it's worth. A 1400 sq. ft. building isn't a very large building for a clubhouse. Mr. Harmening agreed. Mr. DeLong said it would appear to himthat Mr. Ynichael would know, being a general contractor, a developer, just how much footage he could get for $55,000. Mr. Harmening said that in order to attempt to resolve this thing as soon as possible: he moved to decide on the 2,500 square foot figure. ~h2. DeLong said it's not a big building. Mr. Harmening said it was his understanding we can't get any more area out of it~ so let's get the people out there the most we can. Mr. Roberts said he also feels that he knows a developer in his area, and he only put up a clubhouse and he only put up a $50,000 tag on it. It's probably a little bigger than that, so he didn't think a developer would have to be assessed at that particular figure per foot. You'd probably wind up with a $15.00 per foot -- you'd probably want to put up a 2500 clubhouse for that reason4 -50- MINUTES REGULAR CItY COUNCIL MEETING JUNE 5, 1975 Mflnor Stipulation & Agreement - cont'd. Mr. DeLong asked Pk. Harmening if he moved~ and M~. Ha~mening said yes. Mr. Wallace seconded. Mr. Daves said ... ~cause this way you've got a 2500 foot building and you're not talk/rig about facilities or anything else. Mr. Wallace said we're speaking of the clubhouse building, and we moved on the building itself. Mr. Harmening moved that the clubhouse building shall be not less than 2500 sq. ft. net -- bow's that. Mayor Jackson asked if there was any discussion, and I~. Wallace said let's take them one at a time. Carried 5-0. Mr. Daves said that the only other item was in the last paragraph, and Mr. Roberts asked what page. Mr. Daves said it's page 4 in the agreement he had of Mr. Simon's final draft. Different members of the Council asked what number the paragraph was~ and Mr. Dares said the last paragraph that relates to the costs. Mr. Daves said he would suggest that there was no action required of the Council so long as ¥~. Simon and he understand that where that agreement states that the paz~cies agree to share equally the cost -- we're talking about the plaintiff's costs that we're awarded. Mr. Simon saidthe Coumt Order, and Mr. Dares said yes, there's no problem. Mr. DeLong said didn't you: when you had a meeting down below~ we were ta!k/ng, didn't Mr. Mitnor say that he was going to bear that entire expense ... Mir. Simon said he would like to say that~ but he's absent, and his con- science tells h~mhe said half. (Laughter) Mr. DeLong stated - he did say if he could get moving on this, how about these costs to the City -- well: we'll take care of that. Mr. Simon said if you willnotice in ~he very first draft that he tried to have the $1500 for the transcript included bringing it to $4,500 ... in the very first draft. Mr. DeLong said that he thinks what he heard from the commitment, maybe he wasn't supposed to hear it from Mr. Milnor, rather Mr. Michael: it might have been in a lighter moment, but Mr. DeLong said he thinks now he's getting away in a hack, because it's about half of what he said he wanted to give. It was volunt~£y on his side. Mayor Jackson began to speak: and Mr. DeLong said what he was trying to convey here was what he did hear Mr. Milnor say, and it was supposed to MIq~dTES REGULAR CItY COLLNCIL MEETING JUNE 53 197D Milnor Stipulation & Agreement - cont'd. be a $~000 tab that we was going to defray ... Mr. DeLong said this is the way he heard it. I~ you're going to share $53121.79 then he's getting away cheaper than the $5,000 that I heard him talking about. Mr. Wallace said to Mr. DeLong - if you heard b~Lm, do you want to make a motion? Mr. DeLong said he would make a motion to that effect, yes. Mr. Wallace seconded. Mayor Jackson repeated the motion that Mr. Michaels be asked to share the costs according to the agreement. Mr. Roberts~ked which agreement was being referred to, and Mayor Jackson said the second one. Mr. DeLong said you don't have it there. Mr. Simon said the first one you have $4,699.79 and there was some dis- eussion among the Council to determine which was the right agreement. M~. DeLong said let's forget about the old one, and let's talk about the $5~000 or 4. Mayor Jackson said then we're agreeing to share equally the defendant's court costs and expenses totaling $52121.79. Mr. DeLong said we made a motion and it's bee~ seconded. Mayor Jackson asked for any discussion. Motion carried 5-0. Mr. Simon said as he understood the motion, it was to simply agree to Paragraph 9 and Mr. Harmening said that is correct. Mr. Simon said the other thing he would like to touch on briefly -- in going to the minutes~ he tried to reduce to writing what all the dis- cussion was. He said one o£ the things done was this and he wanted to be sure that the Council understood ~his stage by Stage as this is reduced to in its present writing and form. Immediately upon the appro- val of the stipulation hy the court the City agreed to issue all build- ing permits for all due requirements -- R-2~ R-2A and R-SA with the understanding that Certificates of Occupancy will he issued to those buildings that are constructed in R-2A as soon as the clubhouse has reached the stage of rough-in, including electrical and plumbiu~ in- stallation and dried in. Mr. DeLong said the building o£fieiat wilt have a copy of this stipu- lation or agreement. Mr. Simon asked MD. Daves to add that in. He then asked Mr. Daves to - 52 - MINU~ES OF REGULAR CITY COUNCIL MEETING CITY OF BOYNTON BEACH: FLORIDA JUNE 5~ 1975 add to No. 7 the words, ~and roofed over and d~ied in. ~ ~ir. WallaCe said to Mr. Barrett, how did this last one strike you? Mr. Barrett said we're withholding the CO's on the R-D section comRletely until such time as the clubhouse is at this point. Mr. Robert said this has to be approved by the Technical Review Board ·.. and Mr. Baz~ett said actually, he's seen the Technical Review Board on most of this stuff and added no: he hasn't been through CAB yet. Mr. DeLong said to Mr. Simon that at this time a motion would be in order to approve of the agreement provided those stipulations are agreed to as amended. Mr. Wallace seconded and added that he hoped Mr. Milnor would agree to it. Mayor Jackson asked if there was any discussion. Mr, DeLong said when you win one: you've got to let the public know. Motion carried 5-0. Report on Bishop Carroll Appeal ¥~. Simon said the original of this was very small in order to be able to tie it down and Mayor Jackson said in other words~ we won. Mr. Wallace said you should read it the first thing under announcements. Mr. Hamenin9 asked if this was subject to s re-hearing and Mr. Simon said yes. Someone from the audience asked what it was -- may they hear it. Mayor Jackson said we %~n the St. Marks -- they didn't accept the appeal. Mr. Simon said what it amounts to is the petition for certiorari to the Supreme Court of Florida was denied by the Supreme Court of Florida. Mr. Roberts said we-wontt have any 7-story buildings this week. Mr. Harmening said he thought the City Attorney was owed a vote of congratulations in this matter. Mr. Wallace said -- he says: just pay his bill ... Mayor Jackson asked if Mr. McLean was still here and Mr. Barrett said that Mr. McLean approached him while the Council %~as all busy in dis- cussion and he said he couldn't stay any longer and he would be here ~omorrow to take up the matter at that time. Mayor Jackson called a recess at 10:55 P.M. until 3:00 P.M., Wednesday after~oon, June 6~ 1975. -53 - MtNHTES OF REGIiLAR C~ COUNCIL MEETING CITY OF BOYNTON BEACH: FLORIDA ~NE 5~ 1975 CITY OF BOYNTON BEACH, FLORIDA 54 - MtN~TES OF THE RECONVENED REGUiA~ CITY COUNCIL MEETING OF J~NE OF THE CITY OF BOYNTON BEACH~ FLORIDA: HELD AT CITY HALL~ JUNE AT 5:03 P.M. PRESENT Emily M. Jackson: Mayor joe DeLong, Vice Mayor David Roberts, Councilman Frank Kohl, City Manager Ernest G. Simon: City Attorney Tereesa Padgett: City Clerk ABSENT Edward P. Harmening, Councilman Forrest L. Wallace: Cou~ncitman 1975 1973 Mayor Jackson g~eeted the audience at 3:05 P.M. and said this was the reconvened meeting of the recessed meeting of June 5~ 1973. She said the meeting was left off at ~'Other~ under LEGAL and that she believed M~. McLean wanted to speak under this section and asked if Mr. McLean was in the room. She called for him again and when he didn't appea~ Mayor Jackson said we would go on to the next item. OLD BUSINESS Consider A~reement with Palm Beach County Library System (On the Table) Mayor Jackson announced that she would first like to say for the ~ecord that ~. Wallace and Mr. Ha~mening are not here for this meeting. Mayor Jackson called for a motion to take this item from the table. Mr. Roberts so moved and Mr. DeLong seconded. Carried 5-0. Mr. Kohl said the only thing needed was the okay from the Library Director and you have a letter in your file there that she has recom- mended to sign this agreement with the City end the Palm Beach County Library System. Mayor Jackson called for a motion to sign the agreement. Mr. DeLong moved to execute the agreement with the Palm Beach County Library System and Mr, Roberts seconded. Mayor Jackson asked if there was any discussion and went on to say that,Mrs. Parace had a change and that she believed there was one change in the ... Mr. DeLong said if it hasn't been changed, include it in the motion -- when the necessary request of change has been made. Motion carmied 3-0. Con~mder Agreement with George Davis, Architect Mr. Kohl said he sent this to the attorney for him to look over and he hasn't heard ... he assumes it's all right. - l- C M1NU'r5O OF THE RW.~ONVENE. D REa~;7~ C~ UOLLNCtL MEETIN~ OF Ouk~. ~ CITY OF BOYNTON BEACH~ FLORIDA 0ILNE 6: 1975 Mr. Robe_~ts said there was one question he would like to ask on that. He said he didn't pick that up until yesterday and in looking it over~ therers no mention made of landscaping. Everything else seems to be in there ... the number o~ pa~king spaces ... Mr. DeLong said ... add paving -- it was supposed to include paving and landscaping. Mr. Roberts said those two items he did not see. He said he may have overlooked them when he hurried through the items but he would like to have it checked out. Mayor Jackson called for a motion and Mr. DeLong moved to ~aute the a~eement providing'~he pavingand landscap~9' i~ ~ne]uded -- eontfnge~C upon ... Mr. Roberts requested that Mr, Simon be asked to make a note of that and Mayor Jackson asked him to do so. Mr, Roberts seconded the motion ~ith those additions. Motion carried ~~0. Consider Change Orders 1 g 2 (On the Table) Mr. Kohl said he would like to have those kept on the table and since Mr. Klinck is not here~ we will have ~n on the next agenda. Discuss .~me for Park on U.S. ~1 -- On the Table Mr. DeLong said that by the same token~ he would also request that the next item ~D~ remain on the table -- there is to be some kind of a contest. NEW B~SINESS Consider Offer of Fleteher~ Inc. Mayor Jackson asked Mr. Kohl to read a letter from Fletcher, Inc. for the benefit of those present. Mr. Kohl proceeded to read the letter fzwam Plet~her~ Inc.: 417 No~th Railroad Avenue~ Boynton Beach~ Florida: dated May 24~ 1973 in whichthey asked $1mi!lion for approxi- m~teiy i1 acres of the Gardens property located at 1730 N. Federal Hi9hway~ Boynton Beach~ which was available for purchase. The letter was signed by Clifford Brown. Mr. DeLong moved to instruct the City Manager to conduct a study with a recommendation back to the City Council of this proposition. Mr. Roberts seconded the motion. ~nder discussion, Mayor Jackson said that there is a possibility that the City could get some n~tehing funds for parks and Mr. DeLong said he believed that this is what the City Manager would.take care of in his study and he believed he was pretty well acquainted with what is necessary in order to see if this piece of property oould not be MINU~ES OF THE RECONVEA~D REGGLAR CiTY COUI{CIL MEETLNG OF d-dNE 5: CiTY OF BOYNTON BEACH~ ~LORtDA J~NE 6, 1973 1973 obtained as economically as possible -- that v~uld mean with state or federal aid and perhaps both and he asked Mr. Kohl if that was what he had in mind. I,i~. Kohl said yes, sir. Mayor Jackson said if anyone is not familiar with this~ this is the property on N. Federal Highway. She said she had been there many years ago and it was a beautiful place and it's overgrown now but can be clesned up to make a beautiful park. Mayor Jackson then asked if there was any other diseussioru Motion carried 3-0. Mayor Jackson asked Mr. Kohl if he would carry on with that. He said yes~ ma'am. Consider Request of W. G. Lassiter~ Jr. Mr. Kohl said that in pursuing the background of this request, he was advised that at the time Mr. Lassiter planned to construct the Leisure Plaza Shopping Center: an 8 inch water main was required: but the City requested a 12 inch main be constructed in order to eonform to the master water plan in preparation for serving the Westward area. However~ Mr. Lassiter's request for reimbursement in the amount of $2,466.75 is incorrect inasmuch as Mr. Hopkins' letter of May 20:1971 states the City will pay $3.50 per linear foot. We therefore reeommend M~. Lassite~ receive reimbursement for 429 feet at $3.50 per linear foot which is cast i~on pipe in the amount of $1,501.50. Mr. DeLong moved that the reeo~endation of the City Manager be accepted in conjunctionwith that of Mr. Hopkins of the Water and Sewer Depart- ment and that M~. Lassiter be given $1:50!.50 in reimbursement. Mr. Roberts seconded the motion. Mayor Jackson asked if there was any discussion. Motion carried ~-0. Discuss Water & Sewer - Vice Mayor DeLon~ Mr. DeLong said that from the little that he can survey, he would believe that it would be fitting and proper at this time and he hereby moved to instruct the City M~nage~ to engage the fiscal consultants for the pu~- pose of conducting an in-depth study of the present fiscal structure- of ou~ City's water and sewer~system. Mr. DeLong said he wanted to make this perfectly clear.-- this iS no reflection upon anybody in the depart- ment or working in those particular departments -- it just happens to be to make a thorough and /n-depth study insofar as how our previous fiscal agents have arrived at the system they have arrived at -- which in his estimation more or less isn't qui~e desirable. Mr. DeLong repeated his motion again and Mr. Roberts asked if this would be contingent upon hiring the consultar~s. Mr. DeLon9 said it doesn't have to be contingent upon that. The in- st~uction is to get consultants ... if we're going to hire consultants~ those will be the consultants we'll use: but if not, the motion still would be to hire consultants so we can ~et this thing squared away. -5- MIAR1TES OF THE RECONVENED REGT~ CITY COUNCIL MEETING OF d~dNE 5, CITY OF BOY~ON BEACH: FLORIDA JUNE 6~ 1975 1973 Mayor Jackson asked Mr. DeLong to ~ead his motion again which he did. Nr. Roberts seconded the motion. Mayor Jackson asked 5_f there was any discussion. Mayor Jackson said this has been long past due and re- garding the water and sewer agreement, she thought there were supposed to be studies every now and then and she thought it was a good idea. Motion carried 3-0. Mr. DeLong said incidentally, at the little consultation with the Finance Director, he most wholeheartedly agrees with this. Mr. DeLong said he didn't want to inject that before moving on the motion because he didn't want to influence anyone with that particular remark. Disc~uss Assessments for Improvements - Vice Mayor DeLong Mr. DeLong said after making a cursory review of some of these outstand- ing debts and some go way back to 1954 -- we have approximately $22:000 in outstanding debts on the improvements such as streets. We have them going back from 1957 rather, and we have quite a few in '59: ' 64 and some of them are of a later date. Mr. DeLong said it appears to him that in trying to collect some of these, if we were to take any action~ we may find that quite a few of these people who are indebted to the City for these improvements have probably sold their property and moved and he didn't think there was anything that could be done about it. He said it was his impression that it would be a pret~cy good system or an idea that when we do have these outstanding debts of assessment for improvements such as streets -- and it may come into a drainage district (he said he was not talking about water and sewer now -- and he didn't want to get confused ~ith that). Mr. DeLong said he thought it would be proper at this time to instruct the City Manager to set in motion a system of placing liens against the p~operty within our City limits that have been assessed for public Lmprovements~ such as drainage, streets, etc. This is excluding water and sewer ... said liens to be released when assessment has been paid in full. Mr. DeLong said there's no problem with a situation such as this. He thinks it's a protection for the City. He said he knows that on many occasions~ in a lot of places and down here particularly, that mechanics who are called in to do work on homes insofar a~ alterations~ etc. are coneerned, that they are going to place a friendly lien -- even before they start the job -- up in the courthouse -- and as soon as they have been paid in full, they go up and they release the lien. So if they went to protect themselves~ and they have ever~; right to: Mr. DeLong said he also believes that the City has a right to protect itself. They have $22:000 in outstanding liens on the books. He said he doesn't know how much will ever be eotleeted~ but he thinks it would be a good system if a lien was placed on the property. He asked Mr. Simon how he felt about that. Mr. Roberts made some comment that up in his neck of the woods, they always put a lien on the property and Mr. Simon said they are liens now and he said to Mr. DeLong that there ~s a resolution. 4 MINUTES OF THE P~CONVENED REC~LAR CITY COUNCIL MEET/xNG OF ~dNE 5~ 1973 CITY OF BOYNTON BEACH, FLORIDA JUNE 6~ 1973 Mr. DeLong said wetre supposed to place a lion on the property once we're indebted~ but is it being followed through? Mr. Simon said he would t~y to give a quick summaz~. There iS a lien placed by resolution when there is anything first done -- when one person is buyir,~ a p~ece of property~ his attorney will examine the title and discover -- will issue a title policy, but in so doing: will examine the title and in the examination of the title of property~ one of the things that the examiner will do is to examine as to any munici- pal assessments or liens and ~if there are such, they are then required to be paid by the buyer before hetll take over the propez~cy. This is done normally when you have a title examiner involved. Mr. Simon said he was not speaking now as the City Attorney but as a practicing attorney -- any type of examiner would do thio. The other thing that you might Pant to think about is possibly to go one step further and place them of record in the public reoo~d book. Mr. DeLong said this is what he is d~iving at ... not what we do by resolution. He said he wants to make it a matter of record so it will be picked up. Mr. Simon said ordin~ily they're supposed to be picked up by the title e×sminer in their present state and so often people will buy or sell property without examining the title, not knowing he's in debt and the buyer unknowingly buys a property that's got a lien. Mr. DeLong asked if this doesn't protect the City in case they have consummated and the lion is existing and they bought out without ... then we do have an opportunity to collect from the purchaser. Mr. Simon said it's always cleaner. Mr. DeLon9 said that's what he's trying to do -- get soma type of pro~ection there for the City. Mr. Simon said what you could do possibly is you may want to think about foreclosing on a lien, otherwise, it's the best interest. Mr. DeLong said he wsunts the lien to be a matter of record so that in the closing of any houses for sales for instance, that in the study this will come to the surface. Simon said it's of record now, by virtue of hain9 in the record of Boynton Beach ... Mr. DeLong said are you sure that they do go through these at the time of sale so that they consummate? Mr. Simon said a buyer is buying at his o%~ risk if he doesn't. Mm. DeLong agreed but said what happens now if in the event a purchaser - 5- MINUTES OF THE RECONVENED REGULAR CItY COUNCIL MEETING OP JUNE CITY OF BOYNTON BEACH~ FLORIDA J~NE 6~ 1973 1973 puz~hases a piece of p~oper~ry that has an outsta~d/ng lien according to the resolution and do we have recourse to the people who now own the pr ope r~/_W. Mr. Simon said yes, we do have recourse against the land. Mr. DeLong said well, that's all right, we'll forget about that. Mr. S/mon sa/d you can foreclose and did he answer M~. DeLong's question. Mr. DeLong said yes. Mr. Roberts said it seems to him ... he's got a suggestion. If there is a lien against it~ they might try to start the proceedings to collect on this. Mr. DeLong said this is it -- Mr. DeLong said he would move to instruct the City Manager in conjunction with the City Attorney to arrive at some type of system whereby we can go after the co-Lle~ction of these outstanding debts. Mr. DeLong said he was not ta/king about the people ~ho a~e only indebted for. several years, but he was talking about those debts that are outstanding for at least 10 or 15 years. Mayor Jackson said in other words: you mean all debts and Fir. DeLong said yes. Mayor Jackson asked i~ there was any discussion. Mrs. Padgett said it would take something other than letters and notices because they get plenty of those. Mr. SSJ~on said it's not as if they were unaware. Mr. DeLong said to Mr. Simon that he would have to go more on a legal vein on this and Mr. S/mon said yes~ foreclosure. Mr. Kohl said the possibility of foree!osure could ... ~L~. DeLon§ said there's $227000 outstanding -- we have a lot of water debts here too. This is not the way to run a railroad. Firs. Padgett said you w/ll note that most of that is fa/fly current, 1972. Mr. DeLong said we've got quite a few of them back there that go back to ~69 and back in ~57. Mr. Simon said you want us to look at the possibility of making an arrangement for £oreelos~_ng possibly on those 10 yea~s or older? Mm. DeLong said !et*s see what we can do about trying to collect some of this now. He said he was not Uncle Tom or anything like this, but let's see if ther~ts a possibility of collecting some of this money. Mr. DeLong said ttts d/fferent: we're not in depressive times now~ things are flourishing, there seems to be plenty of money around, Poeple are living more or less what he would classify in a state of luxury as it would be. There's plenty of employment -- they drive MINL~ES OF THE RECONVENED REGLLLAR CItY COUNCIL MEETING OF JUNE CITY OF BOYNTON BEACH, FLORIDA JUNE 6, 1973 1975 their own cars, own their homes. They should be able to pay thei~ ~ightful debts. MAyor Jackson asked if theme was any other discussion. Motion caz~ied 5-0. Discuss East and West Roads - Vice Mayor DeLong Mr. DeLong said we're going to if we don't instruct the City Manager in conjunction with the City Engineers and anyone else who may be con- ce~ned, find ourselves in a very serious situation in the not too distant future because of the expansion to the west. He said he thinks that the time has az~ived whereb~ we tve got to set ou~ wheels in motion whereby we eon outline and a~ive at accepting a policy or program of east-west roads to relieve what is going to happen and which has already happened in the cities tb~t a~e adjacent to us who have expanded more rapidly than what we have. A very definite t~xity of east-west roads. The traffic is being built up f.z~m the west and to go from the eaSt to the wests the roads that a~e in existence at the present time aren't adequate enough to carry the flow of traffic. Mr. DeLong m~?ed that the City Manag. er, ~he City Engineer and anyone else cOncerned mak~ a complete comprehensive stu~y and bring re~endations back to t. he City Council on a road p~og~am east to west with the thought in mind that these roads w~.]J be wide enough to take care of the heavier flow of t~affie that we*~e going to receive in the next several years to come. Mr. Roberts said that there are at least two or three roads east to west~ he believed, that are County and possibly we can work together and do something about it because 23rd south was scheduled for widening~ he understands not for three years. At least that:s what'the County said~ and then~ of courses there is 15th Avenue~ which is supposed to be cut through to Con~ress. Mayor Jackson asked for a second to the motion before continuing with the discussion. Mr. Roberts seconded the motion~ Mr. DeLong said the object of this is to get this study complete with the recommendations, then we:ll know where we're at; ~s each budget t~ne arrives, we can allocate a certain amount of money for these improvements. Pi~. DeLong then eom- mented about some of the othe~ cities around, particularly around the time of going to work -- in regard to the heavy traffic problem and said i~ we can get a jump on ourselves by trying to prepare to take care of the ~uture, he thinks that it will be a step in the right direction. Mayor Jackson said there will be fewer of those because 1-95 will be cutting off ... Mr. Roberts said the only recommendation he was making was that because M/~dTES OF THE RECOEVENED REGULAR CITY COUNCIL MEETING OF 011NE 5, C~TY OF BOYNTON BEACH~ FLORIDA J~NE 6~ 1975 1973 of these deficiencies, it was pointed out by the Plarming consultants even last yea~ that we were short of east-west roads: but the County or the State (smd he wasn't sure if !Sth would be State or County~ he thought it was County) but they should also lend a little bit of support to these particular areas. M~. DeLong said he would l~ke to add that the City Manager can also avail himself of the sez~;ices of the committee they have end the local chairman. Mr. DeLong said he knows that these people here have con- ducted quite a few studies with these east to west ~oads because he had served on several of those committees in the past. He advised Mm. Kohl that he thomuht this ~¢ould be a move in the right direction also to see what they have in Mayor Jackson asked Mm. Clark if he was on the Technical Committee of the West Palm Beach Area Transportation Study -- so you'd be able to get something else on that too. M~. Clark said he'll have information on what the County plans on the County roads but they don~t ine!ude N.E. 22nd because they haven't taken that over. This is one we need the County to take over. Mayor Jackson said between that and the County, she thought it would be helpful beeat%se the Coth~_t~ has .b. uilt 22nd i~ fro~ Congress smd we have built 22nd out to whez, e Z-95 is going~ practically. Mr. Clark said right, hut now we need to get the Cou~ntyto takeit over or get the County to widen it because 1-95 is going to spill out at Seacrest and there's going to be a lot of trsffic coming off of that 22nd ovempass. Mayor Jackson said while we're speaking of roads -- 22nd~ have we heard any more about the traffic light on N.E. 22nd and H.S. 17 Mr. Kohl said June end July is what was given to him by DOT. Mr. Clark said he spoke with John Wilson and he said we were getting a traffic light smd Mr. Clark ecu!drift remember -- we're getting one in June and it's going either at 22nd o~ 23rd. Mr. Kohl repeated 22nd Street: June or July. Mayor Jackson said she thought 2Rnd Avenue was going to be the first one and Mr. Clark said the other one was going to be done in the next budget. There was some further discussion among the Council as to which lights and locations were in question. };~. DeLong called for the question. Mayor Jackson repeated the motion end asked if there was any further discussion. Motion carried 3-0. MINII~ES OF THE RECONVENED REGULAR C£±'Y COUNCIL MEETING OF ~dNE 5~ 1975 CITY OF BOYh~ON BEACH, FLORIDA J~lhrE 6, 1973 ADMilfISTRATIVE Consider final approval of plats: 1. Gol~ View Harbour~ 3rd Addn. 2. East Half of Block 34~ Boynton Ridge 5. Lake Eden Sub-Division, Plat 4 4. Tenth Section, Palm Beach Leisurevi!!e ~tr. Kohl said with re~erence to the above four items, he wishes to advise that the Planning and Zoning Board at their meeting of May 29th, 1973 gave unan3Jnous approval for the first three -- that's Golf View Ha~bour, East Half of Block 34, Boynton Ridge and Lake Eden sub-division. Mr. Kohl said he would like to table the Tenth Section at Leisurevi!le. Mayor Jackson said that did not come up because the Planning and Zoning Board abstained. M~. Kohl said on the other three he would like to have final approval. Mr. DeLong asked if they should be taken combined or ... Mr. Roberts said he believed the other ones have been ~eviewed by the Planning and Zoning and they have also been accepted by the Council to his knowledge -- the first three. The last one has not been reviewed by the Planning and Zoning Board. ~. Kohl agreed. Mr. Roberts moved that the first three be accepted and the fourth on Leisureville, section 10 be referred back to the Planning and Zoning Board. Mr. DeLong seconded the motion. Mayor Jackson asked i~ there was any discussion. Motion carried 5-0. Mrs. Padgett said the O~dinenees had to be read end Mayor Jackson asked Mr. Simon if they were ready. Mr. Simon said yes and began on first reading Ordinance No. 73-21 and ~L~yor Jackson interjected and asked Mr. Kohl if there was some question on this. He said yes~ on Go3_fview Harbou~ they haven't come in with their utility plan. There was some further discussion between the Council and Mr. Clark and Mayor Jackson asked if this ~vas paz~c of the same property that's still in litigation. Mr. Simon said yes, it involves pzoperty that's involved in that lawsuit ~ zoning -- the consideration of the plat~ however, is something separate. Mayor Jackson asked if this could be taken up or not. Mr. Simon said yes~ because it doesn't affect zoning in any way. Mr. Barmett said that under the circumstances if this is approved as such which has apparently been done and if you want to reconsider, it's fine -- but if you approve it as such with the addition, there' would - 9- MINUTES OF THE EECONVENED -REGULkR C1TY COUNCIL i~"ETING 0F ~-dNq~ 5~ CITY OF BOYNTON BEACH~ PLORIDA J~NE 6, 1975 1975 be no permits issued until such time as the utility plans and everything develop and have to be submitted. He felt this would answer the prob- lem. }fr. Clark said he just didn't want anybody tcmisunderstand that 'the utility plans were submitted because they weren't. MB. DeLonq asked if Mr. Roberts would incorporate that in the motion. Mr. Roberts said hew ill add that we will accept subject to the Mr. DeLong said reconsider the original.motion ... let's make the motion all over. You vote to reconsider. I~ll second the vOte to reconside~ the previous motion. Mr. DeLong made the motion to reconsider and P~. Roberts seconded. Motion carried 5-0. Mr. DeLong said to start all over again. There was some further discussion as to what and how to m~ke the motion. Mr. Roberts moved to accept on approval the East Hal~ of Block Boynton Ridg~ Lake Eden Sub-Division~ Plat ~4 and Gold View Harbour~ ~3 Plat~ sub3ect to the utilities and any other requirements -- includ- in9 paving and drainage. Simon said those conditions will not be a pa~ of this ordinance. Mayor Jackson asked Mr. Simon if it would be better to pass Nos. 2 and 3 and table the others until they come through. Mr. Simon said you cannot pass a~ ordinance on a conditional ordinance. Mayor Jackson asked Mr. Simon if it would be better to pass Nos. 2 and ~ and table the others until they come thz~ugh. Mr, P~berts said he would rephrase it as mo one ssconded the motion. Mr. DeLong said he didn:t second the motion as he wanted to get direc- tion so he knows where he is going first. Mr. Roberts said there*s no point in gettin~ involved with a lot of ifs, ands or buts that are going to cause oor~usion so he suggested accepting the two~ return Leisurevil!e back to the Ple~lning and Zoning and table Golf View Harbour until such time as the council can move on it. Mayor Jackson repeated the motion to accept the final approval o£ the East Hal~ o~ Block 35, BoyntonRidge and Lake Eden Sub-Division Plat ~4~ turn Tenth Seotion, Palm Beaeh Leisureville: back to the Plauniug and Zoning Board and table Golf View Harhour, 5rd Addition. - 10 - M/AWdTES OF THE RECONVENED REGULAR CITY COUNCIL MEETING OF JUNE 5~ 1973 CITY OF BOYNTON BEACH, FLORIDA JLHNE 6, 1973 Mr. DeLong asked if it was going to be moved all at once or take the two that a~e accepted and have a separate motion for each. He asked Mr. Simon:s advice. Mr. Simon said his advice was to simply have a separate motion on each one of them. Mr. Roberts asked that the preceding motions be stricken. They had not yet been seconded. A~ter some additional discussion, Mr. DeLong moved to place Golf View Harbour~ final approval of plats 3rd addition, on the table, and Mr. Roberts seconded the motion. No discussion. Motion carried 3-0. Mr. Roberts moved to accept on final approval the East Half of Block 34, Boynton Ridge and Mr. DeLong seconded the motion. No discussion. Motion carried 3-0. Mr. Simon read Ordinance No. 73-21 on first reading -- An Ordinance of the City of Boynton Beach, Florida, approving plat of East Half of Lot 34, BoyntonRidge ... etc. Mr. DeLong moved for the adoption of Ordinance No. 73-21 on first reading secor~ed by M~. Roberts. No discussion. Motion carried 5-0. Mr. DeLong moved for the £inal approval of Lake Eden Sub-Division, Plat ~4. Mr. Roberts seconded th~ motlon~ No discussion. Motion carried 3-0. Mr. Simon read Ordinance No. 73-22 on first reading -- An Ordinance of the City o~ DoyntonBeaah, Florida, approving Plat No. 4, Lake Eden Sub-Division, etc. Mr. DeLong moved for the adoption of Ordinance No. 73-22 on first read- ing and ~. Roberts seconded the motion. No discussion. Motion carried 3-0. Mr. DeLong moved to table the final approval of plat, 10th section, Palm Beach Leisureville and refer it to the City Planning and Zoning Board for the meeting of this Thursday evening. Mr. Roberts seconded the motion. No discussion. Motion carried 5-0. ConsiderRequest of Roger H. Harper Mr. Kohl read a latter dated May 3, 197~ from Mr. Roger H. Harper, Attorney at Law, 5601 N. Federal Highway, Boca Raton, Florida 33432: addressed to Mr. J. W. Barrett, Building Inspector., regarding request for building permits in behalf of Mr. Stephen J. Bodzo and his associ- ates for developing rental apaz. b~ents known as High Ridge. Mr. Kohl then read Mr. Ba~rett:s comments to him in which he noted that - ll- MINU~ES OF RECONVENED RECIILBR CITY COUNCIL MEETING OF JU~ 5, CITY ~F BOYNTON BEACH, FLORIDA JUNE 6~ 1973 all Mr. Harper's statements wer~ corz~et and he felt this would he a continuing program of building but that Council should be aware of this and approve or disapprove of the building pe~mit. Mr. DeLong said that through the Chairs he would like to ask a question of the building official, Mr. Barrett. He said as the letter said~ the original site plan has been reeeived-andBpproved. Is this eoruect? Mr. Barrett aaid yes. Mr. DeLong said then this particular project falls within the same realm as Colonial Club, Novotny, Leisurevitle (Leisu~eville is a PUD) Village Royale ... and Mm. Barrett said that's right. Mr. DeLong said he would move that the request of Roger H. Harper in behalf of b_is client, M_~. Stephen J. Bodzo for the issuranoe of the two remaining building ' ~ pe~mmt~ be ~anted. M~. Roberts said he would second that with a chance to discuss this. Mayor Jackson asked if theme was ~uy discussion. Mr. Roberts asked if this development was subject to any of our present requirements on the Community Appear~ee Board. Mr. Barrett said he wouldn't think so because this was something that ~as approved long before the Comm<dnity Appearanee Board came in~ the site plan or anything else. Mr. Roberts said all building at the present time is subject to these paz~cieular requirements. Mr. Barrett said he thinks this is a question of definition ... is it or is it not?. He said he has asked the Community Appearance Board about this and they are undecided too. Mayor Jackson said maybe we could ask Mr. Simonts opinion. Mr. Simon said he's not sure that he knows all of the facts sUfficiently to answer the question. The site plan was originally submitted before there was any site plan review ordinance and whether or not it would meet the present requimements, he di~ntt kn0w~ but before a building per--it could be issued, it should supposedly meet all these requirements. Mr. Barrett said they originally met those requirements in its original concept. Mr. DeLong said this im in the same category as the developments he mentioned. Mr. Barrett said on Colonial Club and Village Royale, he thought there were a couple of others to be g~anted continuanoe on this basis. - 1~ - MINI1TES OF THE RECONVENED REGULAR CITY COUNCIL MEETING OF JUNE 5, 1973 CITY OF BOYNTON BEACH, FLORIDA JI1NE 6~ 1973 Fir. Simon said as a matter of info~mation~ how does this differ from those twD that we have in suit right now? Mr. Barrett said on this one here, he's complied with all the require- ments, has been through all the requirements of the Building Department with respect to the Review Board and he's zoned properly, he's met the Engineering Department's requirements by providing his sewer, water and the other facilities, road~ whereas the other two did not go through these steps. ~13 they had was the purchase of land and they progressed just so far and then stopped, plus the fact they have a change of ownership in one of them, he thought in t~h~ee different instances. Mr. Simon said that one of the big distinctions too is the fact that this is a continuing plan. Mr. Barrett said right, he already has six bui!dings~ up. Mr. Simon stated these are a part of the original plan. Mr. Barrett answered, that's right. Mayor Jackson asked Mr. Barrett to tell where this is for the benefit of the audience. Mr. Barrett said this is on the West side of Seacrest Boulevard, just north of the hospital at the top of the ridge -- called High Ridge Apartments. F~. DeLong said those five buildings already constructed -- are they original site plans that were submitted with two to Mr. Barrett said, that's right. Mayor Jackson asked if there was any further discussion and Mr. DeLong moved for the question. Motion carried 3-0. Mr. Barrett came back and said he~d like to correct one thing regarding the location of High Ridge Apartments. It is south of the hospital~ not north of the hospital. Consider the Proposal of Wainwright and Ramsey, Inc. Mr. Ko_hl said that the attorney has it. Mr. Simon said the question was asked just now (by Mr. DeLong) if he .had looked it over -- which he had and as to form, it's fine. It's just a matter of whether or not you want to enter into the actual te~ms of this agreement. He pointed out the 60-day termination clause -- 60 days prior to the anniversary date. 15 - MIIfdTES OF THE RECONVENED REGULAR CITY COUNCIL MEETING OF JUNE 5, 1973 CITY OF BOYNTON BEACH, FLORIDA JUNE 6~ 1973 M~. DeLong said in other words, they have a uniform price. He said he has checked it with others, so he knows. Simon said yes, as to for~n~ it would certainly be satisfactory. DeLong said he checked it v~th other eitiss and he knows. Mr. Simon said he wanted to be sure that the Council was aware of that 60-day clause in there. [Mr. Roberus asked ~. S~m~gn ~f he was in accord with that -- he had it w~itten down as a question -- it says either of the parties can canoe/ out not less than 60 days previous to any anniversary of the date of this aD, cement. In other words, he's tied up for one year. Mr. DeLong said they are entitled to protection just the same as we should be and he asked Mr. Simon if he a~eed. Mr. Simon said i~ he was going to wear both hats, he'd have to ... but he's eoncerned only from the City's standpoint. Mr. DeLong asked Mr. Simon if he felt that the agreement was proper. Mr. Simon said it's proper in form ... the 60-day termination clause being a mutual provision is certainly proper. What's good for one side is certainly good for the other. Mr. Simon suggested that the Council look at the two previous paragraphs with regard to expenses -- do you think that financing should be abandoned by the City before delivery, then the City must reimburse for all those out of pocket expenses. How that ties in with the 60-day period is something else. If you want to abandon, you still have to pay all those expenses. Mr. DeLong said this is the natural way of doing business. He said he~s done business with the same outfit way back in '59 and their agreements in those days 9~ren~t any different. Mr. Simon sa~d they're pretty similar and Mr. DeLong said it's unifo~n%. Mayor Jackson said'regarding abandonment, this is on the Library and on the Fire Station. On the Fire Station we know we have the money from the revenue sharing and we have the bond money for the Library Mr. DeLonq said they put this in here for their protection ... Mr. Simon said he just pointed it out so the Council was aware of it, but otherwise, it's in the proper form. M~. DeLong moved to accept the proposal o~ Wainv~ight and Ramsey to be ~ ~ ...... g-eng~s and that the proper city officials be instructed to execute same. Mr. Roberts seconded. No discussion. Motion ca,Tied 3-0. 14- MIkrGTES OF THE RECONVENED REGULAR CITY COUNCIL MEETING OF JUNE CITY OF BOYNTON B~ACH~ FLORIDA JUNE 67 1973 1973 Consider the Request of D.O.T. for Quit ~l~m Deed Mr. Kohl called PLr. Clark to speak. Mr. Clark said he checked this out with D.O.T. and with Russell and Axon s-nd, of course, this proper~y does not belong to the City. The parcel, 194.2R is a right-of-way easement that D.O.T. requires for access to some property that's blocked and it does have a water line in it, but D.O.T. assured him that the wa~er line could stay -- that thereCs no damage to the City, but they can't make a deal with these people -- the Federal Highway Administration requires that there be no liens against any property when they close a deal oo. so there's no problem there. The other one ~- there are no utilities there and the utilities proposed in that property vzill be the cost for utility location under this 1-95 eonstructiono It's all reimburseable -- there's no problem there. Mr. Clark recommended that the City sign the subordination of encumbrs~uee on the parcel 194.2R and the Quit Claim~Deed~ on Parcel 213.3, which is a st~ip of land south of 23rd Avenue. Mr. DeLong asked Mr. Clark if he had his recommendation in w~itten form, Mr. Clark said yes -- there's a memorandum there and there's a sketch showing the properties involved~ Mr, Kohl said everyth/ng was in the Council members' books. Mro Roberts said he just wanted to make sure he got this right ... this is right on the High Point area? Mr. Clark showed and explained to the Council the areas involved, and ~. Kohl gave them the necessary papers, after which there was mDre discussion. Mr. Kohl said to Mr. Clark that there was no recommendation from him that we execute. Mr. Clark said he recommends that the City Attorney checks the forms and that the forms be signed by the City as required. Mr. DeLong said that as far as the Quit Claim Deed is concerned, he moved to accept the recommendation of the City Engineer that the City Attorney cheek the form and that the ~orms be signed by the City as required. Mr. Roberts seconded. i~Lr. Simon said he already checked them and they are in the proper form. Mr. DeLonq asked if everything was in order and Mr. Simon said yes. Mr. Simon said there's a resolution to be adopted and Mr. DeLong asked him to read it. Mr. Simon read Resolution No. 73-JJ -- Whereas it is Proposed by the State of Florida t~h~ough the Departmerfc of Transportation of Florida to Locate, Construct, Maintain and Approve a Portion of State Road 9, 1-95, in Palm Beach County, Florica ... etc. - 1S - ~f[NI1TES OF THE RECONVENED REGULAR CITY COUNCIL ~ETING OF J~NE 5, CITY OF BOYhWfON BEACH~ FLORIDA JUNE 6, 1973 1973 Mr. DeLonq moved to adopt Resolution No. 73-JJ and Mr. Roberts seconded the notion. No diseussion. Motion eazwied 3-0. Consider Request of George Davis for Leonard Smith Mr. Kohl said he ~ould read Mr, Geoz~e C. Davis~ letter of May 10th and then our answer concerning Mr. Leonard C. Smdth~s apartment complex, wkich he proceeded to do, Mr. DeLong said he had a question that he ~ould like to direct through the Chair to the City Attorney; he said we're into a situation here r~w where evidently the Federal funds are involved. Is this so? Mr. Simon answered, yes. Mr. DeLong said the question arises in his mind that this particular ordinance has been passed granting this type of zoning and since then, we have passed a subsequent ordinance on density. What does that density ordinance do insofar as the previous action on this ordinance, No. 71-4, granting ehan~e in the zoning to Leonard Smith? Mr. Simon said this is part of that same policy of equitable estoppel which to a certain extent you've recognized in the past -- and here again the situation is -- just reading this letter here as a factual situation -- it appears they've done all that they could do and the or~y reason it's been delayed is because of the FHA process. They apparently have gone to some expense at length to protect their rights to the property. The building permits, Mr. Simon said, he would imagine this Council would have to determine factually whether or not there is a sufficient showing of equitable estoppel in its o~ judgment. Mr. Roberts asked i~ the funds have been granted and are they ready to go to build? Mr. Leonard Smith said he lives in Albany, Georgia and he has a resi- dence here in Boynton, 4~6 NoW. Fifth Avenue. Mr. Smith said in answer to the question, money has not been app~opz~iated by the Federal Government nor will it ever be appropriated, but a guarantee has been committed. The Federal Housing Authority never grants any money. All it does is guarantee certain loans under the Federal Housing P~ogram .. and that's what it has done. We have now a commitment from the govern- ment saying that it ~-ill guarantee the financing of these 64 units, providing we follow prescribed building codes .~. so, Mr. George Davis is the architect on the project and has developed a full set of plans. Here he is now -- he might choose to show you those plans. ~. Smith said that two years ago he appeared before the Planting Board as well as before this commission with site plans which were approved at that time. Mayor Jackson asked Mr. Davis if he had Mr. Smith's plans with him. His answer was inaudible. - 16 - MINUTES OF RECONVENED REGULAR CITY COUNCIL MEETING 0P JUNE 5, 1973 CITY 0F BOYNTON BEACH, FLORIDA oqlNE 6, 1973 Fr~o Smith said that most of the department heads with the City have been working %~ith us in the development of the eontraet drawings. He said 'they have spent ovem $100~000 on this project almeady and Mayor Jackson noted that he spent a long time on it because ~e was on the Council when he first came. M~. Szr~th said first they had to abandon streets and then there was a diversionary clause whereby he had to go to Ohio and he and Mayor Jackson discussed some of the various procedures he had to follow. Mr. DeLong asked Mr. Simon if he was placing this particular ease more or less in the same oatego~y as the other cases referred to. I6. Simon said insofar as equitable estoppel is eoncerned -- when they reach a point in their prooessing or their application for building permit, whereby they've invested a certain amount of money, a certain amount of time and effort and they've reached a point where they could not go any further beeause of the FHA delay. Now if what they did in your judgment oonstitutes a sufficient amount to wamrant consideration as an equitable estoppel: then you could recognize that and go ahead and authorize the issuanoe of the permit subject to the usual require- ments that you have. Mr. DeLong said when you talk about the requirements that we have now, are you talking about density ... Community Appearance Board ... etc.? Simon said he was talking about the Community Appearance Board, Teehnical Review Board, etc. Mr. DeLong said ... but not density and Mr. Simon said no, not dermity. 1,ir. Simon said that they'd come under the classification tbmt was in effect at that time and Mr. DeLong said right -- we didn't take density into consideration when we granted the other, so therefore it is not necessary to take density into consideration in this case because it's in the same category. Mw. Simon said that's ri~nto Mr. DeLonq made a motion ... Mayor Jackson asked Mr. Davis if he would just show the plans briefly as it wasn't necessary to spend much time as the Council was getting ready to go on it. Mr. Roberts said if this has been approved by the Building Department and is subject to the CAB and Technical Review Board, then he ~uld move along with the motion. Mr. DeLong moved that a request be granted subject to the fulfillment of being reviewed and approved by the Boards concerned, that is the C.AoB. and the Teohoieal Site Review Boar~. Pit. Roberts seconded. There was no discussion. Motion earried - !? - Yf[N~TES OF RECO~5/ENED REGULAR CITY COUNCIL MEETING OF J~NE 5, 1973 CITY OF BOYNTON BEACH, PLO~IDA J~NE 6, 1973 Consider Request of Snow Construction Company ¥~. Kohl read a let~cer to h/m from Mr. George Snow of Snow Construction Company dated May 91, 1973, regarding the 35 lots he o~ns west of Lazy Lake, south of Lazy Lake Waterway and north of Big Bass Waterway, lying in blocks 19, 20, 23 and 24, concerning City sewers. M~. ](ob/[ then referred to a letter that the Council had a copy of to Mr. George SnOw, dated September 20, 1971 from Clarence Jones, former City~IanageD, as %~11 as a rough d malt of the recording of a Workshop session held October 14, 1971, at which ti~e Mayor Jackson was a Councilwoman and Mr. Wallace was Mayor. Mayor Jackson said she remembered this very distinctly that MD. Snow was p~omised Mr. DeLonq said he sat on this Council when otheD people were accommo- dated through p~evious commitments and he would like to know what type of a position the Council was in, in order to be able to accommodate Mr. Snow. ~. Roberts said he v~uld like to know who installed the sewer and water lines for the P~lnor Co~poration. Mr. Hopkins said the water lines in all of Golf View Harbour were installed back ten years ago by one developer who developed Golf View Harbour. At that time, they could build their houses on septic tanks. Then about four years ago, Milnor came to Boynton Beach with a proposal whereby he would put sewers in his particular a~ea if the City in turn would put a force main in to tie in to his existin~ system. The agreement was that Mr. Michael ~uld build his system of se~ers, build a lift station with capacity~D handle adjacent areas in return for what I just mentioned. So Y~lnor Corporation did put sewers in his development -- 333 lots. Then the City came in later and took advantage of the increased capacity of his lift station and the City developed this $182,998.25 of sewers in the eastern portion of Golf View Harbour at no cost to the residents o~ that particular area. Now this thing that Mr. Snow'mentioned about the contract originally let~ the $162,998 contract with Derrioo which the City did pay for., did originally include a segment of sewers to service lots owned by him° However, that section of sewers~ had they gone in~ they v~uld have been dead sewers until Milnor sewers constructed by Milnor were put in. It's kind of a complicated situation. Mr. DeLong asked what would be the solution to t~y and uncomplicate -- it:s a subdivision, is it not? Mr. Hopkins said it's builders who bought lots in an established sub- division that was established 10-12 years ago. Mr. Roberts said he~s just trying to ar~ive at any commitments and as usual, it's been going on -- as to what commitments either onehas - 18 - MINUTES OF THE RECONVENED REGULAR CITY COUNCIL P~ETING OF JUNE S~ CITY OF BOYNTON BEACH, FLORIDA JUNE 6~ 1973 1973 made with regards to sewer. Were we responsible -- did we make any con~mitments ? Mr. Hoplcins said he was not aware. He's sure there were many meetings and he was involved in some meetings -- some where there was favorable mention at some later date supplying these sewers. However~ the City did nothing wrong when it amended its original agreement, because the contract provides for a 25% increase or decrease in apparticular con'- tract. When they deleted the certain section that ~uld have covered his lots, they took that money and applied it to the other area to allow it to be serviced. Mr. DeLong said the point he %~s trying to make was the fact that this man now wants to construct on his lots. He can't do it until sueh times as we can provide the sewers. Is this so? Mr. Hopkins said until such times as sewers are available. Mr. Roberts asked if they were on the sewer extension program -- are they in line for that? ~0. Hopkins said no, the basic criteria for developing the sewer system we're working on now was based on servicing numerous homes in certain pockets that were on septic tanks. Now this area that he mentions now has one house that's been there for years and years, ~m. Breze who is on a septic tank~ Mr. DeLong said the point that he was trying to arrive at here -- in the past commitments were made and he sat here and even approved the fulfillment of those commitments in one case. i~iro DeLong said it ~as always been his policy to eliminate any such thing as what they cs]] double standards. If you acconmodate one on a commitment, then why not accommodate another. ~ir. DeLong said he was very eurious to know what the total amount was -- what this particular project would be and also, what type of an ag~eemerd~ you v;ouid arrive at insofar as who pays for the costs, etc. P~. Hopkins said this is a policy matter and he would be really afraid to make a recommendation either way. 1~. DeLong said who generally makes these recommendations? It's not the City Council's prerogative to make recommendations. We can refer to certain laws, but as ~ar as making a recommendation other than among ourselves on the Council, we can't make the recommendation for items of this nature. Where do you ad.vise we go to try and clear up this situation. Where to we start~ where is the beginning point? ~ir. Hopkins said he wished Mr. DeLong hadn't asked that. Mr. Roberts said the question he had ... the iW~ilnor Corporation put in their sewers and he was trying to figure out how Snow was overlooked 19- MIkrGTES OF THE RECONVENED REGI1LAR CITY COUNCIL MEETING OF JUNE CITY OF BOYNTON BEACH, FLORIDA JUNE 6, 1973 1973 Or why didnrt Snow put his sewers in since he owns an area might next to the same section. Mro George Snow, Snow Construction, Boca Raton, came up to speak and said in answer to the question, the reason he did not put the sewers in was that the City had let the contraet for $162,000 to put those sewers in prior to his purchasing the lots. In other words, he came to Mr. Hopkins before he signed the contract and he was then acting City Manager. He said the City had signed the contract with Derrico to put the sewers in the area that he was about to buy. He said he would not have bought those lots if the City had not signed the eon- t-~aot because he paid a price for the lots as if they were sewered, so then when the sewers were taken out by the City in that particular area so that they could do something else, then he had paid sewer prices for lots and ended up with lots that were not sewemed. So actu- ally, PiilnDr put his sewer in but FL~. Snow had never even o~%ed the lots when he made that deal. If~. Snow bought the lots with the knov~ ledge that the contract had been signed to sewer his lots. Mayor Jackson asked where do we go f~om here. Mr. Roberts said Mr. DeLong asked a pretty good question -- what's the eostto the City i~ they have to put this in? Mr. DeLong said he would like to have this reCerred to the proper City Departments to come back here and give us a recommendation -- an estimate of the entire cost -- fill us in on it. We don~t make the recommendations here. It's encumbent upon others to make the recommendation in the different fields that they're engaged in~ Mayor Jackson asked him to make a motion. Mr. DeLong said he would refer this to the City Manager to handle this administratively and to come back here with some information a~ter a study is made as to just exactly what type of an agreement or solution can be F~de here insofar as the sewerage is concerned for these lots of Mr. Snow~ s. Mr. Roberts seconded the motion. Mayor Jackson asked if there was any discussion. She said she was on the Council and remembered this very distinctly and Mr. DeLong asked what she remembered ... that Mr. Snow was supposed to get sewers? Mayor Jackson said yes and If~. DeLong said that's what he wants to know -- he wants to get away from this system oC double standards. Mr. DeLong said if he sat here and voted to sewer an area for one individual because a previous commitment was made, then he~d have to look at this one also in the vein that a previous eo~m~itment had been made. ~{ayor Jackson said she believed that this was at the same time that Mr. Snow was asked to wait until ~r. FLilnor put some lines in or - 20- MINUTES OF THE RECONVENED REGULAR CITY COIRYC!L MEETING OF JHNE S, 1973 CITY OF BOYNTON BEACH, FLORIDA JUNE 6, 1973 something at about the same time. Mr. Srow said yes, Mm. Milnor _had not sewe~d the area that would have made these sewers active. Actually the contract was let and they would not have worked until ~i~. Milnor completed his obligation to sewer .his a~ea -- so they indicated that there was going to be an overall sewer plan and that was never completed in that area. Mr. DeLong said while Mr. Kohl is working on that particular project he would also -- if they come in with any expense that would be to the' City, Mr. DeLong would also like to have the information as to funds being available. Mayor Jackson said that would come from the RgR and Mr. DeLong said we~!l find out. Mr. Roberts asked if they had seen the last two or three paragraphs of the recording of Oetobe~ 17, 1971 -- in the last one it said that Mr. Jones said it would be appropriate if Mr. Hopkins would develop some detail costs and discuss them in a separate meeting ~th ~.fr. Snow and see how close they could get on an agreement and then present it at the next Workshop to see if we could get this done. Mayor Jackson asked if it was ever. done. Mr. DeLonq said he~d like to qaote a little bit further before that -- Mr. Hopkins said here we go with another policy and ~. DeLong said he appreciates that -- that's been the v~ole problem around here -- too many policies and no action. Mr. DeLonq called for the question. ~tion carried 3-0. ~Onsider Request of Fire Dept. for Additional Personnm] Consider Request for Transfer of Funds Mr. Kohl said that Chief Wright has requested the hiring of an additioned fire fighter due to the anticipated retirement of one man ~ud also request a transfer of funds in the amount of $2,655,32 from Account No. 3200-51~-01 to Account No, 3200-110 in order to take care of the salary for this new man. Inasmuch as he 9Duld like to hire this new individual immediately to give the Fire Department time to train to help out on vacation periods and extra number of alarms the Depart~ ment is experiencing, Mr. Kohl respectfully requested approval of this matter. };~. DeLong moved to honor the request of the City Mana~er in reference to the request of the Chief of the Fire Department and'also the transfer of funds. Mr. Roberts seconded the Motion. Mayor Jackson asked if there was any discussion. Motion carried Mr. Roberts pointed out II that includes the transfer and so takes care of ~G~ and '~' on the agenda. 21- MINUTES OF RECONVENED REGUL~_R CITY COUNCIL MEETING OF JUNE 5, CITY OF BOYNTON BEACH~ FLORIDA JIkNE 6~ 1973 1973 Approval of Bills ~ir. Kohl mead f~om a list to approve the following bills: Badger Meter $1~ 555.00 Neptune Mete~ Co. 1~ 593.96 Brooks Products of Fla. 1~053.35 Griffin Pollution Control 2~100.00 Russell & Axon - Job 6858-SM-111&CP 4~ 407.37 Russell 6 Axon Job 6858-4-CP Ir 508.47 Russell & Axon Job 6858~2-CP 17 632.14 Russell & Axon Job 6858-3¥-I 6~ 000.00 Russell & Axon Job 6858- 3i- 8i-I 8,198.10 Russell & Axon Job '6858~t3w-CP 647.85 Job 6858-5-CP 597.83 Job 6858&13v-311 g CP 537.86 J~D 6858-t-11~CP 500.36 Ada~ Chev~01et #32629 3~ 690.00 Tom ~Us~af~on Industries, Inc. 4,132.00 Mr. ](ohl said the~ above bills have been approved and verified by the department heads :ihvolved; eheeked and approved for payment by the Finance Director;, funds are available in their respective budgets; signed by John p]jyrku, Finance Director and Prank Kohl, City Manager. Mr. ](oht said he therefore recommended payment of these bills. Mr. DeLong, upon the Decommendation of the City Manager, moved that these bills be paid and he added that it looks as though Russell and Axon are the orfly ones working around here. Mr. Kohl said he ~uld like to include one last bill but Mr. DeLonq wanted to take a motion on the previous ones first. Mr. Roberts seconded that the bills as read be paid. Mayor Jackson asked if there was any discussion. tSotion carried 3-0. M~. Kohl said under Lauderdaie Contracting Corporation, payable from bond fund series, 1971-5.9 -- $1 million~ H~D partieipatinga bill for $109,190.12. The above bill has been approved by and verified by the department heads involved; checked and approved for payment by the Finance Director; funds are available in their respeetive budgets. Mr. Kohl said he recommends payment. 22 - MIN~ITES OF RECONVENED REGULAR CITY COUNCIL MEETING OF JI1NE 5, 1973 CITY OF BOYNTON BEACH~ FLORIDA ~dNE 6, 1973 Mr. DeLong said he ~as going to approve the recommendation of the City F~nager but when bills of a nature of this kind, specifically when they come into an amount of $!09,!90.12, said he would like to see something on these sheets itemized as to what we're paying for. Mr. DeLong said this is a big project and he thinks that if we:re going to spend $109,190.12 of the taxpayers' money, he wants to know where it's going. Mr. DeLonq said he would like to have any bill in any amount such as this itemized. We know there's certain sections in there that have been done and he would like to see that itemized. Mr. ](ohl said he does have all the copies, although there's about 30 sheets here which would be for each eouneilm~u; he would be very glad to ~-ake a copy for each one of the Council and Mr. Kot~l said he did give them $ letter stating all of the v~rk that has been done up to this time. Mr. DeLong said this is what he wants to know--- just exactly what the $109,000, is going for. It's not that he mistrusts anyone or doubts their integrity, but he's not going to sit here on recommendations in amounts sueh as tkis -- he~d like to know where it's going -- it should be itemized. Mr. DeLong said he thinks it's good business practice and Mayor Jackson said she third~s the Council should know for the record. Mr. DeLong said are we going to pay t~zice for something? But he said he didn't mean this in any dis~espectf-al manner to anyone. He was just trying to keep in lin~ with good business practice, regardless of whether people think this is the proper thing to do or not, he thinks p~evious experience has taught him that t/his would be a good business practice. Mr. DeLong moved upon the recommendation of the City Manager; in view of the fact that he has an itemized listing of this which he is going to'forward to each Councilman~ that this billing amount of $109,190.12 be paid to the Lauderdale Contraet~ng Corporation. Mr. Roberts seconded the motion. T~nere was no discussion. Motion carried 3-0. OTHER Mr. Roberts said he just wanted to ask about replacing the roads %~ith the broken sections -- is the responsibility of this particular outfit, Lauderdale Contracting -- Mr. Kotul asked if he meant the outs across the road ... and ~. Roberts said yes. In fact, Boynton was being done as of yesterday. In fact, Mr. Kohl said he rode over some o~ them this morning that they had been repaired. Mr. Roberts said he was curious to know whether this would be included. Mr. ]{ohl said it's included in the contract -- he picked up what they 23 - MINUTES OF RECONVENED REGULAR CITY COUNClW~ MEETING OF JUNE CITY OF BOYNTON BEACH, FLORIDA JU/~E 6~ 1973 1973 should do in the future instead of having a crazy ~ilt of cuts in our streets -- they shotuld do the same as they do in other places -- do the entire street. Mayor Jackson said there's one other item that she would like to bring up -- the Palm Beach County Municipal League has asked to create a Solid Waste Authority and this was brought up before the Palm Beach County Municipal League and there was quite a bit of discussion. It was tabled and we were asked to go back at the next meeting with a vote. What they had orig-inal!y suggested was a Solid Waste Authority be created and they wanted to have the full say as to who would be on it. There was feeling that there should be elected officials from several mu.nicip~]~ties on the~e. Mayor Jackson said she would not vote on ,this without direction f~om the Council. She said she was going up on Fmiday and she would like direction from the Council. Mr. DeLong asked if this wasn't a notification that was just received when they came to this meeting, Mayor Jackson said the minutes of the meeting were received before but Mr. DeLong said he knew, but wasn't this here just put on our desk and Mayor Jackson said yes. DeLong said he ~)uld like time to look it over. He said if Mayor Jackson was going to a meeting the next day, he felt she should be privileged to use anything that %,r[th discretion and in her good judg- ment insofar as the City Council is concerned -- o~ the City of Boynton Beach is concerned. He said she was the titular head of the City Government and he didn't think anyone would have any objection to that. Mayor Jackson said that her objection to the County suggestion was that there w~)uld be no elected offieials coming from the various municipalities and she did feel they should have them on there and she would like permission to-go up there and vote to have them include elected municipal officials on there. She said if the Council feels it's all right, well that's the way she feels. Mr. DeLong said M.ayor Jackson should use her discretion and he would like to have time to digest this particular item that was laid on the desk before he arrived. He said the item was lengthy and he didn't want to take time out now to try and digest it -- he was too busy with the rest of the meeting and he would like to let this go over to the. next meeting if Mayor Jackson desired or if she felt she could handle it hers.elf. He didn't believe that she needed City approval. Mayor Jackson said that they had asked that the people not vote on it ur~less they had the direction from their Council and that's why it was tabled. It is coming up on the. agenda this coming Friday. Mayor Jackson suggested that when minutes from the Municipal League eome~ ~ make sure that if there is any~bing on there ... Mayor Jackson said she takes the blame for not having brought this up before. She went to a meeting just before going a%~y on vacation and that's how she forgot to have it put on the agenda for last night. - 24 - ?"7 PLINUTES OF RECONVENED REGUJJLR CITY COUNCIL MEETING OF OIlNE 5, 1973 CITY OF BOYNTON BEACH, PLORIDA JUNE 6, 1973 DeLong said the poirfc he was making is to sit here now and digest and say do this and do tb~t -- do you want permission on something? Mayor Jackson said she wants permission to know whether the Council feels as she does that elected officials should be -- if they have to have a solid waste authority for the county, she felt that there should be some elected officials. 1~. DeLong asked Mr. Roberts how he felt about it and he said he thought the idea was good because the feeling of the entire biunieipal Lea ~ue was in favor of that ... Mr. DeLoD~ asked if he would move to tha~ effect ... Mr. Roberts continued that he didn't thirds the City %~ould be committed or put in any embarrassing position, whereas if we are in majority -- and he was sure the other two members of the Council would approve it -- he said he would so move. Mr. DeLong seconded the motion. Mayor Jackson repeated the motion for the City to go on record with the Municipal League as wishing elected City officials added to the Solid Waste Authority if one is formed. She asked if there was any discussion. Motion ca,tied 3-0. Mr. Roberts said there was one other item -- the Bond Issue -- Library Pund. Mr. Simon said he would explain. The Bond Council in Jacksonville, who assisted in the Library Bond Validation submitted a bill back around December -- the Council may remember there was a bill outstanding on that. Mayor Jackson said $1,003.00. Mr. Simon continued and said subsequent to that time, this same Council has assisted him in reconstructing and going through the Library Bond Validation proceedings. Mr. Simon said we would be through but for an error that was made in the transcript of the proceedings so they have to be re-prepared -- but for that, we ~uld be through. Mr. Simon said in any event, they anticipated being through by this time and the attorney up there was advised that the bill would be presented at this Council meeting. Mayor Jackson said she thought she made out the check for that $1,003.00 and Mr. Simon said he didn~tknow. Mayor Jackson said she ~sn~t sure~ but she remembered a 9~eat deal of discussion e oncoming this. Mr. Simon said at the time he remembered it was the first meeting that he sat as City Attorney and there was an uncertainty as to what it was for. Mayor Jackson thought that the next month it might have gone through, - 25- MINUTES OF RECO~VENED REGULAR CITY COUNCIL MEETING OF JUNE 5, CITY OF BOYNTON BEACH, FLORIDA JUNE 6, 1973 1973 but she would have to cheek. ~r. DeLo~g said he would turn this over to the City Pianager %~th the Instructions that.if it was found to be in order (Mr. Simon said he found the bill in order) ~.. Ivy. DeLong said on Mr. Simon's recommenda- tion that the bill was in omder~ it would be in omder to make a motion to pay. ~. DeLong moved to pay this particular bill called to the attention of the City Council and found to be in order by the City Ato~ney, and contingent upon as to whether or not it has been paid p~eviously. Mr. Roberts seconded'the motion. Cam_led~' 3-0. Mayor Jackson asked if there was any other business. Mr. Roberts moved to adjourn the meeting. Mm. DeLong seconded. Carried 3-0. Meetirz3 adjourned at 4:45 CITY OF BOYNTON BEACH, FLORIDA ATTEST: City Clerk - 26-