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Minutes 04-17-73MII~E$ OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH: FLORIDA~ HELD AT CITY HALL, TUESDAY, APRIL i7~ 1975 PRESENT Emily M. Jackson~ Mayor Joe DeLong~ Vice Mayor David Roberts, Councilman Edward F. Haz~nening~ Councilman Forrest L. Wa!lace~ Councilman Prank Kohl~ City Manager Ernest G. Simon~ City Attorney Tereesa Padgett, City Clerk Mayor Jackson called the meeting to order at 7:50 P. M. She welcomed the audience, and requested them to rise for the invocation given by Harold R. Hopkins~ Director, Public Works and Utilities: followed by the Pledge of Allegiance to the Plag~ led byCouncilmanWaltace. Announcements ~:May~::Jackson awarded the Commendation for Poiiceman of the ~tonth to Bat~otman Hen~ Ostaszewski for his ale,S-ness on duty while on police patrol on February t7: 1975. M~¥or Jackson then read the Proclamation of National Secretaries Week, which is the last week in April, and proc!aimed that April 22nd to April 28th, 197~ be ~eeognized as Secretaries Week in BoyntonBeach~ Florida. ~ayor Jackson announced that David Reid, Palm Beach County Tax Assessor, would be here at our May /st Council meetingto speak on tax appraisals~ and estimated it would take about half an hour. This is the same day as Youth in Government Day. Also, many calls have been received on ~lood control and Mr. Flynn, Finance Director, has said he would like to talk about this to our citizens. If the Council would be willing to meet next week Mr. Reid could come then and we could also have Mr. Ftynn explain flo~ control to the City, and pick up tabled items. ~ouncilmanWa~tace asked if it would be possible to go in reverse order and see i~ some of the items could be left over. I~ M~. Reid talked to the community as far as youngsters being here from the school it would be more useful as they are the taxpayers of the future. Padgstt said there has been some publicity already for May tst on subject. Mr. Wall~e a~ked if flood control was not the san~ information that we ~ad received mn the past: and Mrs. Jackson said she believed Mr. Flynn had received some additional information. Wallace suggested leaving it as it is regularly scheduled instead of c~nfusing the citizens. Mr. Harmening said it has been in the newspaper and perhaps we should not change. Mr. Roberts said any business not completed at the May 1st meeting could be held over for the following week instead of meeting ~ext week, -1- Mi%X1TES REGULAR CITY COUNCIL MEETING APP~IL 17~ 1975 MINUTES Mr. Canavan thought there was an omission on introductions~ but the Mayor explained that we did not do this any more in the interest of time. Regular Meeting of April 3~ 1975 Mr. Wallace said he found no corrections or deletions. Mr. Roberts said there was a minor item: not too serious, re asking two members of differ- ent boards to be removed because they were already scheduled on another board - it appeared to be entered improperly. Mayor Jackson said she has spoken to both of these gentlemen. Mr. DeLong moved that the minutes of April 3rd he tabled. Mr. Harmening seconded the motion. Carried 5-0. Special Meeting of April i0, 1973 On Page t, paragraph 4~ it should read Mr. Hol!ingsworth~ representing Mayor Jackson and Councilman Roberts. On Page 3, third parag~aph~ it should read Mr. Hollingsworth, Attorney for North Boynton Industrial Park. Mr. DeLong moved that the minutes of the special meeting of April 1973 be adopted as corrected. Mr. Roberts seconded. Carried 5-0. PUBLIC AUDIENCE Mayor Jackson opened the Public Audience by stating that since the meet- ing of two weeks ago several people have suggested that we do away with the Public Audience part oF the Agenda, cut the time~ or put it at the end of the Agenda. I do not agree with this since this is your City Mall. You have the right to express your opinions. It has been pointed out to me that some cities have no public audience or iF people wish to speak they must be put on the agenda ahead of time. Public Audience has been a tradition in Boynton Beach: and I would be the last person to try to stop it or censor freedom of speech. I heard from a visitor to the area who attended one of the meetings and who was appalled at the rowdyism, as he had seen better behavior of children in kinderga~ten. He said he would be ashamed to live in a city where people showed such disrespect to others while talking. The City is judged by its citizens, Prom now on, be polite and do not put on a displayo~ bad behavior. We want to give you a chance to tatk~ but the City ean be judged byyour actions. I am not asking that you agree, but as members of the Council we are often guided by your comments. Please do not give the impression of an unruiy crowd. -2- MI~dTES REGULAR CITY CO~KNCIL MEETING APRIL t7~ 1975 PUBLIC AUDiENCE~ conrad. Mayor Jackson - At this time I would like to ask Mr. O. T. McLesm to come forward. Mr. McLean - Madam Mayor - O. T. McLean, 906 South Federal Highway, and I am glad you invited me up here. Mayor Jackson - I sm ... I have ... This letter was sent by the City Man- ager: ~We attach hereto a letter that must be delivered by one of your d~tee- tires to the addresse~ at ~O_~3.~?_~p_Z~_~_~c_~.9_~ as pe~' 3~scrucCions from our Mayo=. T/sank you. ~LEASE NOTE: The enclosed letter MUST BE delivered to Mro McLean at the Amn Marie Hotel PERSONALLY Signed by F. Kohl~ City Manager Reply: 6:50 A.M. 4-14-73 attempted to deliver letter to addressee at the Arun Marie Motel. Was advised by Ed Fisher, o%~ner of the motel, that Mr. McLean did not have a room there and has not even used a room for bathl_g purposes since November 1972. Signed by Det./Sgt. Ralph J. Trolian~? Mr. McLean - Now, so long as you have read that letter in public, I hap- pen to have known about that letter for quite a long time and had your detectives so decided to do: they could have crossed the st=eet to come to my service station where I was busily working~ and as for 'the report you have gotten from Mr. Fisher, if you would care: I will call Fisher now who will appear in this audience and tell you that is not true. I have a registration effective in the Ann biarie Motel as of November. When I use the ~aeilities is for me to determine. When I want to use them I shall use them~ when they are available I w/liuse them. That is my business and is o~ no concer~ of yours or any member of this Council or any detective or any policeman. That is my of£icial address. I shall use it, I am registered there$ I pay ~or that privi- lege. Mr. Fisher has discussed this with me. You have made a very sorry statement there when you stated that I wasn't there and I am not using the ~acilities: because Mr. Fisher personally - 2 nights ago we ~ere diseussing this. That is all I want to say on this matter now ecauSeI have some more things I~d like to bring up at Counemlo Mayor Jackson - There is one thing I would like to ask ... Mr. McLean - Whether I am the~e or at 906 South Federal, you %~ill find me at one or the other places 24 hours of the day: 7 days a week, 565 days a year, and insofar as the question you are about to ask~ go ahead and ask it. -5- REGLLLAR CITY COLINCIL MEETING APRIL 17: 1975 PHBLIC AUDIENCE~ cont~d. Mayor Jackson - I am simply going to tunn~ scmething over to the Police- Department that I thought they might be interested in, Okay~ go ahead Mr. McLean. Mr, McLean - Ami free to proceed, Madam Mayor? Mayor Jackson - Yes. Mr. McLean - Madam Mayor~ I was going to make some suggestions this evening about how you were attempting.to suppress news but I was very glad to hear the remarks you gave this public audience about how you do not warfc to curtail public aud_ienee, but I have just a few questions I would ]~ke to ask. Mayor Jackson - ¥~ght I first ask Mr. Kohl - Mr. Kohl, will you give the letter now to Mr. MeLean that was to be delivered to him? Mr. McLean - This I haveknown about for your information for quite a long time. I am vemy much aware of it. Other people have been informed of itt but now getting hack to this. I do not believe that I have ever called you a witch - one of your supporters has - of which you are very much aware of - I have never called the Citizens of Boynton Beach '~hay- seeds~, which one of your most vocal supporters now happens to have said it about you~ per your own words, Madam Mayor. But what I would like answered right now~ instead of calling it Jackson's Hole, as was ~ntimate9 in the last paper~ or w~tches or hayseeds, where are or where ~s the fmle on the elect~on law 9molations that was compounded during ~.~ty Manager Killgore's term? It seems that not only has this file sappeared from the City Manager's Office, but there sme no copies of it in Central File. I would be very interested in knowing what has happened to that file. No. 1. That is my No. 1 question. That file is not in City file~ at least if it has~ it has suddenly appeared just recently. Mayor Jackson - I understand... (interruption by Mr. McLean) Mr. McLean - (some wo~ds 8me not understandable) Mrs. Padgett . .. The City Manager's Office because he asked for my file to get the copies of what had happened on this election law violation. ~Oo~eY~sU have the keys, you changed the locks and only you and Councilman have access to these files - now what happened to them? Now that's my question. Mayor Jackson - I didn't even know there was a file on this. Mr. McLean - Number 2 - I asked you at a prior Council meeting to read a wette~ that you had.received from David Bludworth regarding w~ecker oration - you reptmed that you did not ~eceive that %etter. I an- ered your letter and I asked you to read my answer mn public Council -4- MINUTES REGULk~ CITY COUNCIL MEETING APRIL 17: 1973 PtLBLIC AUDIENCE~ conrad. Mr. McLean~ conrad. because I wanted it read here for legal purposes: because I plan under p~esent terms to go to Federal Court on this - you did not read that letter. Mayor Jackson - I did not ...(faded out) Mr. McLean - No. 5 I asked sometime ago that this City pass an Oz~in- anco establishing an I. D. system rom employees of employers of this Cmty~ ~ was ... The City Msnaqer agreed g~acxously and very helpful y tried hms best to develop the informhtion for me~ but he wa~ misinformed ... He was told thiseould not be d~ne. For your informat~on~ I sent a letter through today - it can be done, and it is being done exactly what I ~anted and it is a very profitable thing and if t~e City having done this I would have been a good $5,000 better off tonight than I am~ ... That's No. 2 (inaudible) Just in p~a~sing I want to speak on Item 6D5 when it cemesup. But as a matter ofthought~ I was given some informa- tion yerbally in my station Friday~ aperson cam~ into me and told me ... he samd on the S. ~W. co~ner of Boynt~n Road .a~.d Congress Avenue~ ... property ... service statiOn~ we ~er~ told this propez~.~y was not zoned for a service statlon~ we were interested and.don't maR~ iany .o. get any ideas ... that it happei~t~ be my c~pany - mt was amajo~ oil company .~. they said we w~re toldthat for $5~000 it cou~ p~ob?~.!y be zoned for a service station pg~haPs .., it mi~ht take a llttie bit more but we are p-£etty sure that it can bedonefor $55: 000~ We backed off and said ~'thankyou~. Mayor Jackson asked if anyone else wished to speak in Public Audience. Mr. Canavan~ Sterling Village~ said that his question was that for the past three years he ~equested a voting poll for the City in Sterling Village. John Archie said that ~t iB ~n the making with the new City Charter. Mayor Jackson said that it has been passed - the County registration will have the same polls as the County. Mr. Canavan asked if one might rebut Mr. McLean. May~£ Jackson said it was not worth it~ however, he could if he wanted to. Mr. Canav.an ~a~d that he knows for a fact that Mr. McLean has a phony address .in the Ann M. arie Hote~because his nephew sold that prop- erty to Mr. Fmsher who samd that he~ust used the address for of£iaial purposes~ and that was h~_ answer to Mr. McLean. Mr. HazTy Lefort, 2152 N. E. let Way Council of their oath of office, and 700 names was presented to the Coune voted on by the people in this town or not. He wanted to see this come a referendum to decide whether they stood up and reminded members of said that last fall a petition of [t requesting a ~eferendum to be .s to whether to annex Charter Land P tonight so the people could have 'ould like to double the population MINGTES REGULAR CITY COU~NCIL MEETING APRIL 17~ 1973 PUBLIC AUDIENCE, cont'd. of this town or not. He would like a roll call when they vote. Mr. Glover of the Friendship Senior Citizens then approached the Coun- cil~ statingthat on Febmuary 6th there was a proposal to the City Council regarding revenue sharing. The Mayor said it is now in the process of being determined~ Mr. McLean then stood up stating that he did not kn~,~ the contents of the letter he had just been given. Hewould like to read it to the public which he proceeded to do~ 70: Mr. Prank Koh!~ City Manager Due to several complaints: we request that Mr. O. T. McLean, residing at the Ann Marie Motel~ 911 Federal Highway~ be advised that distribut- ing or placing handbills in the Council Chambers is contrar~ ~o the Boynton Beach Sign Ordinance (Section 24-13 of the Code) and ms d~srup- tive to the o~ficial proceedings and properly conduetinu City buSmness. We are sure that as a law abiding citizen~ ~wh3. McLean will understand and comply w!~h this request to discontinue the aforesaid practice. Mr. McLean~s full c operatmon in this regard will be greatly appreci- ated. Emily M. Jackson Mayor Joe DeLong Vice Mayor David Roberts Councilman Forrest L. Wallace Councilman Edward F. Harmening Councilman Dated: April 12, 1973'~ BIDS None PUBLIC HEARING Mayor Jackson noted that the public hearing on Palmland Development Corp. (Char~er World) was cancelled by a special meeting of April 10: 1973. --6-- MINUTES REGULAR CITY COUNCIL MEETING APRIL 17: 1973 LEGAL Ordinances - 2nd reading Ordinance NOo 73-14 Mr. Simon read 0~dinance no. 73-14 by 'title only. ~N ORDINANCE OF THE CITY OF BOYNTON BEACH A~MENDING SECTION 12 OF THE FIRE PREVENTION CODE REQLLIRING THE INSTALLATION OF AUTOMATIC FIRE SPRINKLERS IN CERTAIN OCCUPANCIES HEREAFTER CONSTRUCTED IN THE CITY OF BOYNTON BEACH INCLUDING INSTITUfIONAL BUILDINGS, RESIDENTIAL BUILDINGS: ~ND OTHER OCCUPANCIES: AND PROVIDING FURTHER FOR AUTHORITY TO CODIFY~ REPEALING PROVISIONS~ SAVINGS CLAUSE~ AN EFFECTIVE DATE AND FOR OTHER PURPOSES Mr. Harmenin9 moved the adoption of Ordinance No. 73-14 on second reading Mr. DeLong seconded the motion. Carried 5-0. prdinances - 1st reading Ordinanee No. 73- Re - 1~ Contribution of Revenue Sharing Funds to Needy and Infirmed of the City Mr~ Simon said this action was taken at last meeting of April 10th. Im- mRdiate!y ~ollowing that meetin~ new rules and regulations arrived from the Treasury office dated April 10~ 1973. Before an ordinance can be prepared these rules and regulations will have to be reviewed completely. Roberts moved that the proposed ordinance be tabled. Seconded by DeLong. Mr. Wallace asked Mr. DeLong if he would bring a brief summary so that the Council would be aware of the circumstances. Mr. DeLong said he would read from the minutes o~ the meeting of April ~th~ Page ~, paragraph 5~ as to what actually happened regarding revenu~ aring. Mr. DeLong rest~ed his motion verbatim as it appears in the minutes of of April 10~ !975~ Page 2. Mr. DeLong said he would like to ask the City Attorney a question - Is this whole program out the wind~? We were setting this up whereby there would be a study and investigation - those who were going to ntake recom- mendations on the application would make a study as to what these funds could be used for. Mr. Simon said this has to be searched out completely. It is not lost completely. The Mayor asked if there was anyone who still wanted to speak. MINVdTES REGULAR CITY C0~NCIL MEETING APRIL 17~ 1975 Ordinance No. - Use of Revenue Sharing Funds~ eont~d. Martin Glover, a representative of the Friendship Senior Citizens came forth again~ and stated that Council had not given adequate info~mation of what really happened at the Workshop. He said the Council was stat- ing one thing~ but the paper has not printed eve~t~Ling that has been said. The papers reported that $100 would be given to the Friendship Senior Citizens. They want something definite. Mr. DeLong said he believes that the motion itself is self-explanatory because the City Attorney was instructed to draft the appropriate legal instrument to implement the motion that was made. In view of the fact that the City Attorney has just received some new in£o~'~at.ion frc~ the people who are responsible for these funds it would appear to me that the City Attorney could not go into the drafting of the proper legal documents until he searches this pamphlet out. Mr. Clever asked if one of the legal instruments was a proposal. Mayor Jackson said that one of the regulations was that if there were any mate/Ling funds by the Federal government, these funds could not be used. We have to depend on our City Attorney to inform us. Mr. Clover stated the Friendship Club is a chartered organization, and they are receiving a supplement fund from an organization that is non- profit which receives federal funds, but it is not federally funded. Mayor Jackson asked Mr. Gtover to write exactly what he wanted so that the Council may have it. Mr. Clover stated that from February unti! now they have not been given any correspondence regarding the legalities~ but they only hear from the press. Mayor Jackson said that the laws are changing rapidly. Mr. Simon just said that the law has been changed again. The Congressional Record indicates changes from week to week. Mr. Clever asked if the Friendship Club could have some kind of corres- pondence because there is lack of communication. Councilman Wallace said that he would recommend to Mr. G!over that he get together with City Manager Kohl to get the information tied to- gether. The motion as originally stated, Community Relations Board would have a great deal to do with how the monies would be spent, there- fore: with Mr. Kohl's help~ contact them and something may be able to ~et done this way. Mr. Clover said the Friendship Club has 9one around and worked to find information, but there has been a mishap of communication. Mr. Wallace sugUested possibly taking monies from another area which could help the club Mr. Glover spoke of: and then the money could go back to the City until such time as the Attorney has the oppor~ty to --8-- MINHTES REGULAR CiTY COUNCIL MEETING APRIL 17~ 1973 Ordinance No, 7D- - Use of Revenue Sharing Funds, cont'd. search out this new ir~ormation. Mayor Jackson asked if this was the Senior Citizens Friendship Club,~f.ter an affirmative answer: she said that the Community Relations Board gave recommendations~ however~ we have to find out first whether there is any- thing in this new law which would prohibit this. City Manager Kohl said that he received a letter of April 15th and today is only the 17th. He talked to Melvin Cohen today~ and it is on your Agenda. He eou!d not do anything without the approval of Council. Mayor Jackson said nothing could be done without legal counsel. Resolutions Mayor Jackson brought up proposed resolution re establishing the posi- tion of Library Director. Mr. Roberts said this position was established during a budget timed and he thought it would be well for the City Clerk to look into this to avoid conflict. A job description is needed and no other action was necessary. He asked Mrs. Padgett to look into the matter and moved that it be tabled at this time. Motion was seconded by Mr. Wallace. Carried 5-0. OTHER Palmland Development Agreement Mr. Simon stated he met with the attorneys representing Palmland Devel- opment and Mr. Ho!lingswo~th~ representing some of the parties involved in the four lawsuits. As a result of a number of meetings of great len~th~ we went through a couple of drafts~ and I believe each member of the Council has a copy of the proposed stipulation of agreement drawn up as a result of the conferences and discussions. I believe each of you were presented with a rough draft reciting a memo of understanding of principles, and each of you received this final draft. It is rather light reading~ but recites a number of things. There is an alternate proposal regarding water service and the attorneys are here tonight to address the Council - you may have questions which I will try to answer as you may find them in this draft~ He suggested going thru it com- ptetely~ and make sure everyone understands it~ Mr. Wallace said that in going through it in the period of time after having received it~ when the groups went through this: was there also a comparison made specifically as to how it related to our present codes~ ordinances, etc. Last meeting~ this issue as far as Performance Bonds was outstanding. Is this in violation as to the Charte~, code~ ordin- ance~ etc., where do we stand? -9- MINUTES REGULAR CITY COUNCIL MEETING APRIL 17, 1975 Palmland Development Agreement~ eont'd. Mr. Simon said to turn to Page 9, paraU~aph 8, where the original drear referred also to water and sewers. The Palmland attorneys agreed-to remove any reference to performance bonds regarding water and sewer, recognizing the mandatory aspects of the Ordinance. The only Ordinance we have as to streets is a discretionary power, and if you execute an agreement you would be executing discretionary power. The other two, which are mandatory~ have been deleted from this agreement. Vice Mayor DeLong wanted to publicly clarify his views re Charter World. I strongly suppol~c the peoples' right of petition on referendum. Ap- proximately 700 of our oitizens attempted to exercise their right on referendbun on annexation by petition per Article 1: Section 7~ paragraph 32 of our Cha~ter. Their rights were denied. Until those people in- volved indicate a willingness to withdraw said petition I do not ir~end to compromise my principles by becoming an accessory after the fact by approving a negotiated settlement with Palmland Development Corporation. Mayor Jackson reiterated Mr. DeLong~s sentiments, and said that she will not vote any concessions when she has a'maudate of 700 names. I think the people should decide on this. She asked if there was any Further discussion. Mr. Harmening said that since we are discussing Palmland and their pro- posal to build a water and sewer treatment plant which we have more or less disagreed upon as far as the water is concerned, and since repre- sentatives of our consulting engineers are here and they may have had a chance to read the proposal submitted, he asked if they would care to comment. Mr. Russell, RusSell and Axon - I am not saying anything about the agree- ment, only refer to the proposal regarding water and sewage~ The basic elements are that they will construct a water distribution system satis- factory to the requirements of the regulatory agencies$ that they con- struct a water treatment plant the same way ar~ deed these to the City ~or the City's operations and that they will be charged no connection charge~ and in fact that will be their entire expense. We cannot support the premise of constructing numerous small installations within the City of Boynton Beach. We do feel that Boynton should provide the facility required. It might be okay for them to construct an interim facility to be phased out and for them to pay the normal amount toward the overall Boynton BeaCh City system. The waiver of any development charge we do not consider good business. If it is desired to make an earlier use of the land and you wish to allow an interim facility to be built I can see where that has some merit but only as an interim and they should pay their normal connection ~aci!ities in order to develop the Boynton systen% Mr. Ha~mening said he was interested in the portion of the agreement re- garding water rather than sewer. Mr. Russell stated the fundamental premises - if an interim facility is needed in order for the timing to be proper~ you are in fact at a point -10- MINUTES REGULA~c~£y CO~NCILMEETING APRIL 17~ 1975 Palmland Development Agreement: in time indicating that you very shortly will need to be in construction on expansion of youm water system~ which has nothing to do with Charter World. However~ if they are part of this City they must, of course, pay for a part of this water plant expansion. Our recon~nendation - that this be combined with necessary financing for a sewer system expansion. Re- garding water, if because of a time frame, you wish and it is necessary for the~ to dove.lop their land early and they wish to construct an in- terim facility and operate that until such time as the City is prepared to se~vethem~ th~n i don~t know any reason why they should not be al- lowed to do so, but they should pay their full and proper share of your overall system. The Mayor asked if there were any more questions. Mr. Wallace said that three or four things come to mind. He said he did not relish or enjoy - re interim or period of time that one or two sit- ting here this evening have alluded to. Speeifieal!y, my objections to a specific type of zon/ng to Cha~ter World in specific areas regarding density. About four years ago, I asked that if a developer comes into the City in order t~t the City m~y be able to see the complete future a~d the future gro~h of the City and tie it in with the development of t~e City that I would want to see exactly what was goin§' to be presented. This would take out a great deal o~ speculation. The questions that have been brought to mind re the happenings since the first part of the year in reading parts of the information - that the original document pre- sented to the City of last year. I have no~ at this time seen an orig- inal copy of this document~ and there is not one in City Hall. I heard that the original documents presented would allow density of 40~000 people in that particu!am area. This is about three times as much as t~e first time that I looked at it. t eoul~ go back to the information a~d say specifically at one time I questioned~Mr. Simon as to what direc- tion do I as an individual go as far as legal action within the City. Mr. Simon had given me the answer at that time. Past Council says on a 3-~ vote that it was. This was predicated on an opinion as far as the ~orney General was concerned. At this time, we have met %~ith Charter World on previous occasions which I felt the members of this Council act- ed in good faith! and were trying to negotiate some foDm of agreement. N~ here is something that has been basically presented~ and yet what was asked was thrown out the window. I don~t know at this stage whether it has or not. My queStion~ Mr~ Simon~ as far as a m~T~er of the Counci~ wh~? is the legal question at this point between the Council and Charter ~o~id? Is it on thel actuality of the interp~atation of the Attorney ~ General or going to court as to whether or not it was legally annexed° Mr. Simon said there are four lawsuits - when the question was asked be- fore~ there was only one lawsuit. The original lawsuit was brought by some individuals against both Palm_land Development Corp. and the City, questioning (1) validity of annexation and (2) validity of zoning. -11~ MINUTES REGULA~ CITY COUNCIL MEETING APRIL 17~ 1973 Palm!and Development Agreement~ eont~d. In 1972 the City filed an answer - there were certain admissions. At that junoture everyone was waiting for a ruling from the eourt on annex- ation: Also a question as to whether or not the procedure involved in attaching zoning classification was valid. In February, this Council refemred the zoning of the property to the Planning & Zoning Board with the thought that if the procedural aspects of zoning of Charter World were defective this would correct it~ and make this particular question moot. At that time~ Palmland Development Corp. files a motion for summary jud~ment~ which was to come up April 3rd. We then expected the Circuit Judge to give a l~/ling. Meanwhile this City Council moved to eorreet any procedural defeats. That is the baek~ound. Your question - what is your responsibility as a Councilman? There is a presumption of the validity of the Ordinance when it is adopted by the Counei!, and that pDesumption must continue until a ruling is made by the Court. Mr. Wallace had another question - one or two citizens have been inter- ested inasmuch as they also were possibly named within Page 10: Item tl. Those individuals that are on the various Boards of the City as far as the planning and zoning are concerned - whatever actions we take here this evening - these people are completely covered as far as the City is concerned. The action here this evening concerning 15 individuals I would like to clarify the actions here - there should be some answers for the people involved as well as the Council as to the direction they wish to go. Mr. Simon said this Council authorized me to represent their interest in this lawsuit. The purpose of working out possible settlement of all the lawsuits which would include all those people you are speaking of. If a settlement is agreed to mutual releases would be drawn as settled. Mr. Wallace asked what happens if the Council throws this thing out completely? Are we involved in four lawsuits? Mr~ Simon said Council is involved in four lawsuits whether or not you agree t? this stipulation. The purpose of this is to try to reach a wo~thwhzle and mutually beneficial settlement for all issues, i was working towards a goal to be mutually beneficial as well as the other three attorneys I worked with. Until the settlement is reached, there are four lawsuits. Mayor Jackson asked Mr. Simon since she is a party in three lawsuits: is s~e out of o~der in speaking? Should she disqualify he~se3~? Mr. Simon said under the circumstances he felt it was quite at~ight. Mr. ~oberts asked Mr. Hollingsworth to stand by in ease he said the ~rong thing, I was more or less concer~ed with this~ and I did hope e could negotiate so that all these suits could be settled. I believe M~NUTES REGULAR CITY CO~hNCIL MEETING APRIL 17~ 1973 Paimland Development Agreement, cont?d. I am right in saying the basis of the suit is not because of annexation. I believe everyone is in favor of annexation as was pointed out by pre- vious members of Council in order to annex a piece of property so we could control the zoning° In this case this is not what happened. This could have ended up with 40,000 population, and this was what brought on petition for referendum. It was not desirable. Since that time we have met only once. There was some discussion me reducing num- ber of units. The main issue is the fact of the number of units a~reed to~ and perhaps the 50 acres withdrawn from the total. I hope that we can continue to discuss this and reach a conclusion. Mr. Frederick Hollingsworth~ describing himself as the attorney for warious individualS who Started this whole thing by filing suit, then got up to speak. I think perhaps we have so many lawsuits that some of us may have lost sight of where we are and what the issues are. Let me clarify my position~ Mr. DeLong expressed concern as to his obligation to the community re referendum. Suits were filed onbehalf of Mayor Jackson, Councilman Roberts and various other citizens of this town rais- ing ~o questions - one, validity of ~nnexation without referendum with petition having been filed; two~ question as to validity of the zoning procedure being followed as to thc Charter World property re notice of various zoning hearings and adequacy of the description of the property to be zoned in the Oz~linance itself. In the first ease~ there are a number of clients~ including Mayor Jack- son and Councilman Roberts. As to the second point~ I am representing two people only - those are the people owning property near the land in question~ so that the zoning question comes into my case only for two individuals. The srmexation question is as to all of them, but the City is a defendant in my lawsuit. I am not representing the City or the City Council. I am suing the City and I think people have lost sight of what has happened. If the City Council is concerned as to its oblige- r%on to the City to hold referendum election, all it takes is three votes to hold one~ and my lawsuit then becomes moot~ as to that point. Two: if the City should decide to go through with the procedure that Mr. Simon was re/king about of advertising and holding public hearings and going through zoning procaedings~ even if you acme up with the same results that was initially aeeomplished~ my lawsuit would again become moot. oR, pea. t: One - have a referendum~ Two - make the City go back and re- xamlne this zoning and if seen fit to do the first of those things ~nd then have a result saying that the property is de-anne×ed, I am through wmth my lawsuit. If the City should do the second~ then I would eon- sider my lawsuit moot. There are other lawsuits pending~ of course. The point I am trying to make at this stage is that you people as City Council members are not the ones as to these lawsuits who are challeng lng the valldity of the annexation. Mayor Jackson and Councilman Roberts s~d other people, as private individua!s~ are challenging the action of MIN~ES REGULAR CITY COUNCIL MEETING APRIL 17: 1973 PaL~tand Development Agreement, cont' d. the City to do so. If you want to get on my side of the fence you should do something affirmative about this. I think on this agreement as a wholes it is a good a~reement - while it goes beyond actual issues in my causes but it gives you some things that you could not if I were successful in my lawsuits. If the City were successful in the lawsuits Cha~ter World has filed you would still not have in court some of the things that Charter World people have of- feted to give~ and this is why I recommend to my elients that they go along with this agreement. For example~ such as l0 acre parcel which isn't even in this town, which the City has no control over, that was offered as part of this agreement, end there is no way in the world this could be enforced in court. They offered to place restrictive covenants on the properties concerned to e~_~oree these things that they will agree to. R~strictive covenants are more lasting and effective than the zoning code~ which is mbout as per~aanent as the last election. Covenants last ~ny years. I am no? here trying to sell you an agre~ment~ but I started the whole thing, and i have recommended to my clients that you accept the formal ag~eemer~c of what I gave you last week in ~ough. It incorporates what we talked about ~oing~ and if it is signed as it is will accomplish what Charter World people said they will do. ~M. Roberts said I em not particularly concerned about winning or los- mng the su~ - it is a question of practicality. We are faced with an- naxation whmch I favor. I became i~volved bee~us~ of population of up- wmrds of 40s000. If that had been resolved~ it would have ended it. Therefore, the suit was drawn, and that is why the petitions came out. If we could reach an agreement with acceptable density and certain enants or restrictions~ then I would say that there is nothing wrong v~th annexing or having a new piece added to Boynton Beach. As far as p~oblems with sewer and waters I think it can be worked out with en- gineers. Mr. Hol!ingsworth said they do give you an alternate. Mr. Roberts said he is concerned with the first paragraph re annexation~ no one seems to know about zonir~. If the City Manager has the time, this is an important question. M~. DeLong said I em concerned with the fact that this suit was star, ed due to the fact that there were 700 people who signed petitions~ and I believe that the people entered the suit or are entering the suit on be- half of these 700 people. M~% Hollingsworth said a half dozen people came to him and said~ ~i want y u to represent us. I do not represent 700 people. ~. DeLong said th.e.suit was created by the backing of these 700 people because their petltlons were ignored. I do not intend to bypass any of -14- MINUTES REGULAR CITY COUNCIL MEETING APRIL !7~ 1975 Palm!and Development Agreement~ conrad. the oath of office that I have taken. If these people involved in get- ting petitions want to change their mind~ fine~ we are talking about density instead of annexation. We want to see the people who were in- volved in signing the petition, not the people who started the lawsuit. Mr. Ho!lingsworth said that if a majority of you feel that you owe this obligation to the people and cs/knot in good conscience enter into an agmeement~ I do not know what I and your City are fighting about - call yourselves a referendum election~ and get out of eoumt. Mayor Jackson asked that to have ~lyone~s nam~ take~ ]/zwo~n -~}~ postilion they would hays to come into the City Clerk's office~ and take their names off the petition if the people decided they did not want to have their names on the petition. Simon said they would notify the City Clerk. Mr. Canavan of Sterling Village rose from the audience~ stating that he heard a conversation about zoning and annexation~ but what abOut sewer disposal. He would not like to see several structures around the City standing ~p like mush_rooms. We need a maste~ sewage disposa~ program. The County is at odds with West Palm Beaeh~ and I would like to see the town grow: but not like to see muehrooms every 10 to 15 aeree. Mayor Jackson said they are going to furnish their ~n sewers according to agreement. Mm. Canavan said we will go through all the court appeals. 1~. Penimore Cooper of Orlando~ representing Palmland~ said he would like to make several remarks and answer some questions. Number 1, we have tried to meet every item put to us through your lawyers as to what was critical, and what the desires were of the parties of the lawsuits, and we have tried to meet these completely. This is the reason there is an alternative plan on the water plant. Is it satisfactory to take the water plant out, or put it back - we will go either way. We are happy ~or you to build the plant. If you don~t want to do it~ we will do it. In connection with the comments from your engineer, I think he is ex- actly right - you should be good businessmen~ and if you build it and we do not pay for it - where the developer builds the plant, there are no connection fees. Your City Attorney knows it is in Chapter 30B. We have t~ken out the provision of no honds~ and put in that we would post them where it was mandatory. We asked you to waive Code and ask in eom- plianee to meet your d~mands. This is basically the same rough draft memo that we gave you a week ago~ and put in more technical language with the help of your attorney and Mr. Hollingsworth. The reason for the petition was the density which has come down because of ~0~000 - dropped down to the point that the parties can all agree - maybe that point is moot. -15- MII~dTES F~IiL~R CITY COU~NCIL MEETING APRIL 17~ i975 Palmla~d Development Agreement~ cont~d. I was impressed with both the Mayor and Vice Mayor's desires to uphold the Charter and the laws. The Attorney General has given the opinion that this is a good annexation. Your Chatter says one thing~ but the Attorney General says it is a valid and le~a! annexation. It is a dilemma, as to which law you are going to ~phold. Re water hookup - $375 is water and sewer hookup~ if multiplied that's $2~ntillion cheaper than money we will spend - the purpose of the hookup is to pay for the plant. I do not think F~ Russell has h~d~a chance to look at this agreement - which ~ives control to le~slity pa~ies~ Palm Beach County~ State Pollution~ and whoever is involved. It has Eo be done the way they want it. Re roads - everything is in aeco~danee with your existing City Code. I do not kn~ how much longer we can whip this dead horse. We have a lot Of overhead which is not your problem~ but may become~ and we a~e at the point to do.it o~ fight like gentlemen. Let us know which way you w~%t to go. Mr. DeLong would rather see density just where you have the nunfoered parcels, t~<e that, compile that amount of acreage and then arrive at density that way. The setup now it doesn't amounu to 6.7 units per acre. The point trying to be made is the submitted Pa!mland Road Plan 75501 specified parcels of land that were numbered. ~en I compile the situation and get total amount of acreage for i~- ~ce R-2A parcels 1 thru 8 = 419.5 acres~ R~SA, 9 thru 12 (skip 15 which was included but is supposed to be for utility expansion) 14~ 15~ 16 and 25 = ~5.5 aores~ 662 acres for construction of 6~700 R-RA and R-SA units which would be 10.11 density. In other words you're taking other things outside of those particular parcels that you numbered and are now including them in the overall picture. Mr. Cooper - Do you have a copy of the original memorandum? Mr. Harmening questioned the difference between g~oss and net density. According to the agreement~ 6:700 units were based on the 9-Poss density. Mr. DeLong said you are working for one outfit and I~m working for the other~ is the dif~erence~ and I~m a low density man. Mr. Cooper said we were t~ying to do whet we were told you wanted. Mr. DeLong said that when he compared his figures, it didn't eome out s.7. Mr. Roberts said he thought some of the difficulty was due to the meet- ing last Friday which was not advertised so that the entire Council Gould not be there. I~ this Council would be in favor to get together ~t the end of this week~ legally perhaps some of these things cou~ be ironed out. If anyone is in favor of negotiating~ I think Mr. Run.oil -!6- M~TES REGULAR CITY COUNC!L~ET!NG AP~iL 179 t97~ Palmland Development Agreement, cont ~ d. has brought up a point we must consider bee. a~e h~ rep-~e~ex~Us the City. Mr. Cooper said he does not agree with his opinion at al!~ but it has to be approved by all these folks - does Mr. Russell know that we were either going to give you the money or build it ourselves? Mr. Roberts said he regretted the fact that the hearing in April was postponed~ it could have lifted some of the elouds~ perhaps. meeting~ it's a horse ~ace we didn't see. Mr. Roberts said he would like Council to loolz this ag~e~u ov~ ~ meet Friday afternoon~ sln. d get down to the w/re. Mr. Cooper said this is the s~ne a~eement you have had for a week with the exception of th~ w=te~ plant~ the points are the same. If anyone had comments~ they were to give ~ ~o ~he City Manager - a~d ~!r. Simon said there were none~ so we assumed if no one had c~m~ents~ we were okay M~. Roberts would take exception to some of the remarks - whethe~ they. are legal or illegal. Re sewer and wa~er - called to ~y attention aga~o was on the 50 acres which was removed from the overall and maintain the density and revise that to a point where we could take out so many units and then restore it if the option isn't picked up by Delsey Runes. The whole Council should talk about this instead of just one man who hap- pened to be there~ myself. Mr. Harmening asked if two more days would be okay. Mr. Cooper said that interest and overhead is costing $5-6,000 per day. It is important: but it would be better than four days. ~. Ha~mening asked if everyone would be a~£eeable to an informal work- shop meeting on Thursday or Friday. N~. Wallace said instead of making it a workshop and then being called into special meeting~ set it up as a regular Council meeting and either finish or cut bait. Make ~ motion. Mr. Harmening said he presumed that there would be someone from Charter World present so that something could be changed on the spot~ if it was mutually agreed upon. Mr. Cooper said i~ we can find someone here that can say yes or not~ the~ we can say yes or no. Mr. Harmenin§ said~ you understand there are five of us and it takes three to tango. ~r. Cooper asked that the meeting be official where action can be taken. MIIFdTES REG~ CITY COLLNCIL ~MEET!~ ~3RIL 17~ 1973 Palmle~d Development A~£eement~ cont~d. Mayo~ Jackson agreed. Mr, Roberts said to set a date tonight. Mr, Wallace asked if it was beneficial in the day o~ evening. Mayo~ Jackson asked if Mm. Klinok could sit in on the meeting. M~. Xtinek said okay~ but it would depend on the date. M~. Wallace asked if Tl~u~day afternoon at ~ P. M~ wo~]d b~ av~m~m. Mr. Cooper said yes. M~. Havening moved that a special meet~g be called at 4~00 P. M. on ~ursday~ April !~h. ~. Wallace seceded. Ca~ied 5-0, Mm. ~tcLe~ ~equested pe~ission to spe~ on the lette~ fr~ Mayor Jab- son. Mayom Ja~son said Public Audience was over. Mr. McLe~ said it was to his benefit and ~ight~ and he wanted to go on ~eco~d. P~oposed Oee~ Ridge Ag~e~t (On the t~le) Mayor Jackson said that It~ VI-D-2 on Ocean Ridge a~e~ent was t~led. Authorization to Si~ Co~i~ School A~e~ent Mayo~ Jackson tu~n~ Item VI-D-3 ove~ to the City Attomney. Mm. S~on said that the Ag~e~ent follows the fo~m that Council has on their papems as he had pmepamed it~ and he felt that it was okay. Mr. DeLong moved that at this t~e the Mayo~ be authorized to si~ the ~o~ity School A~e~ent. Seconded by M~. Hamening~ ~d ea~mied 5-0. Mayo~ Ja~son asked if it was to be signed by the Mayor on!y~ ~d l~m. S~on said yes. Status Report - Purchase of Lots 521-522 (Che~y Hill) M~. Ko~ me~ed to the le~e~ of Mamch 15~ t973 f~om M~. C. W. Kendall ~ccepting the o~fe~ to sell Lots 521 and 522 ~e~y Hi~ to the City ~o~ 1~ 500. Mm. Wal!aee moved the authorization of the ehe~ fo~ $1~500 net for pu~- ~ase of ~ts 52! ~nd 522: CherDy Hill~ be accepted under the te~s of ~he a~e~ent. Mr. DeLong seconded the motion. Carried 5-0. MIAWdTES REGULAR CITY COUNCIL M~ETING APRIL 17~ 1975 Status Report - Purchase of Lots 521-522, Cherry Hill - eont'd. M~. Roberts said at one time we could use revenue sharing fo~ this, but since new rules, we better go ahead~ and then perhaps ~eplace the money, if that is possible. There was some discussion about the possibility of using sump!us funds and replacing the money later, and all a~eed. Proposed Rules of GoveDnment Mayor Jackson asked for ad'lscusslon' of Rules of Government. Mr. DeLong moved that this be t~3oled until the next re~Ta~ m~dr~r~3. Mr. Wallace seconded the motion. Ca~mied 5-0. OLD BHSIh~SS Reconsideration of p3~py~Corp. Development Vice Mayor DeLong said at this time in reviewing theminutes of the special meeting of April loth: Mr. Wallace moved tI~at no future permits be allowed until ruling. My main purpose was to get this on the Agenda so that I acquiesce to Mr. Wallace to take whatever action he feels necessary at this time. Mr. Wallace said - re factory built house 628-8~ this is in response to your letter ~073107 from the Attorney General. A municipality may not require additional approval pursuant to its own electrical code. I am in accord with the opinion of the Attorney General. (Letter from Mr. Simon). After having received this~ and also in taking time to go up and review copy that the Perry Construction has built on Palm Lakes Blvd.~ it puts the City in a bind because we are setting two codes for each type of house. I see no opening for the City at this particular time other than to grant and lift the stoporder. Mr. Wallace made a motion that the stoporder on Perry Corp. Development be lifted. ~f~. DeLong seconded. Carried 5-0. Mayor Jackson asked if it is possible for us to change our electrical code so that we will not get in a bind like this again. Mr. Barrett said it is possible~ but we will have to bring our code down to meet standards of N. E. C. which does allow romex in one or two fsm- ily single dwel~qngs. We are attempting to do this~ and all I~m asking for is time. The Mayor asked if Mr. Barrett would look into this~ considering recom- mendation regarding Perry -19- MIl~dTES REGULAR CITY COUNCIL P~ETING APRIL 17~ 1973 Reconsideration of Perry Corp. Development~ eont'd. Mn~. Wallaee asked if we can get a resolution passed so as to keep people out of Building Depamtment until such time as ordinance is passed on new code. Mr. Roberts said no~ we need a new ordinance. Mr. Barrett said a reduction of our particular requirements is needed. It is not subsidized housing~ but modular homes. Mr. Roberts asked if it has anything to do with HIID. Mm. Wallace said it is unfortunate because the City of Boynton B~aoh has tried to build up for the betterment of the construction of housing. Mr. Barrett said that Boynton Beach and Delray Beach are the only two cities requiring wiring in pica. Mr. DeLong asked if a building official has any knowledge as to whether certain cities in the state are outlawing this type of construction with- in the'confines of their cities. He said he understands that theme was a court test within two cities~ and they lost. Barrett said this is the case~ but he doesn~tknow how many cities. Mr. Wallace asked Mr. Xohl if we can get it to the State and Municipal legislation to find out where we are° Mr. ~ ar~wered that we might ask our legislative delegation to l©Dk i~to the possibility of changing the state statute that is ove~id~nu o,,r local code to solve this problem~ M~. DeLong said perhaps we will get better action than on the traffic lmghts. Location of Handball Court (On the table) Mayor Jackson requested motion to take this matter off the table. Mr. DeLong moved to take it from the table. Mr. Hamening seconded° Mr. ~was opposed. Mayor Jackson asked that the maps be taken out. Mr. Kohl asked ~or the n~mber on the plan that Mr. w6uld proceed wmth what is necessary. Roberts desired and he Mr. Roberts said he recommends we adopt the plan recommended by Mr. Fred- erick~ which is No. 2~ relocating the court to its original intended po- sition by the Scou~ Hut and basketball court. -20- MINUTES REGULAR CITY COU/~CILMEETING APRIL 17~ 1975 Location of Handball Court, cont~d. The Mayor asked if there was room for an additional court. Mr. Roberts moved that the handball court be moved according to Plan~ as submitted by Mr. Frederick. Mr. DeLong seconded. Mr. Harmening asked Mr. Frederick if Plan ~2 was his recommendation. Mr. Frederick said yes. Plan ~1 called for leaving the basketball on,~z,t the way it was~ and put the has'ball co~u~ az'olt~%d it. Plan ~2 would run a straight line to the Scout Hut. There is mor~ z~oom~ width ~2. Mr, Kohl said that ~i is the one where the basketball court is not cut in half, There was some discussion as to which plan was being dmscus~ed pertain- ing to the numbers on the drawings. When clarified Mayor Jackson asked for a motion. Mr, Wallace said as an amendment to the motion~ build a second handball ~ourt on the. othe~ side and put in other wall~ Mr. Harmening seconded the amendmentm Mr. Roberts said he hesitated. I drive by one or two times a day~ the handball court is used to bat a tennis ball. and Mayor Jackson asked if all were in favor of a second handball court. Carried 4-1, Mr. Roberts was opposed. Mayor Jackson said to go back to the original motion in favor of plans To move the handball court as recommended in Plan~ by the Recreation Director. Carried 5-0. Mayor Jackson asked Mr. Kohl if it would take about one week for the handball court to be moved. Mr. Kohl said he hoped it could be done in one week. Mayor Jackson said to go right ahead with the second one. Where does the money acme from? Mr. Wallace said revenue not appropriated - there is a surplus o~ $60~000. The~e was some discussion between Mr. DeLong and Mr. Wallace as to whether or not to take the money from payroll accounts or unappropriated surplus: and it was decided to use the latter funds. -21- MINUTES REGULAR CiTY COU~NCIL MEETING APRIL i7~ 1973 Appointment of Assistant Prosecutor Mr. Harm~g said we have no money for his salary° Before I would ask the man that I have in mind~ I want to know what we will payhim. Mayor Jackson asked Mrs. Padgett i~ we have ever used an Assistant Pros- ecutor. Mrs. Padgett answered no. The Mayor asked Mrs. Padgett if there was a need for one. Mrs. Padgett said it could be handled by pay/rig him for the day he sel~;es. The Mayor then asked where the money comes from. 1_~. Wallac? interrupted~ and said before we get en~arrassed~ and before · Harmen~ng considers and talks to anyone: maybe through Municipal L~ague you could find what other cities the size of Boynton Beach are paying. M~. DeLong said they have in emergencies: such ms a replacement for sunmner vacations. The Prosecutor's salary is $2:800 a year~ and the Assistant would be paid along the same lines due to performance of the s~me duty. m~. ~allaee asked if we can come back with this on the regular Council et~ng in two weeks. ~. Har~ening asked ~gainhow can we pay? I suggest that the City At- rney ms more familmar with these fees. M~. Wallace said that he can work with Mr. Kohl~ to which Mr. Harmening agreed. Appointment to Charter Revision Commission Mr. Roberts moved that this be taken from the table. Mr, Harmening seconded. Carried 5-0. Mayor Jackson asked if anyone had any suggestions. Mr. Wallace asked if they ever determined as to the size they wish to work with. Mrs. Padgett said a 9 member board was the last consensus. Mayor Jackson said it takes a lot of time to do homework: someone who has a lot of time to devote. ~nd it needs M~. Wallace said that dn!ess the Comuuission comes back to Council asking f~r it~ hold in abeyance. Mrs. Padgett said no recommendation has been made. -22- MINUTES REGULAR CITY COUNCIL MEETING APRIL 17~ 1973 Appointment to Cha~ter Revision Con~n~slon, cont~do Mr. Wallace asked if this could be returned to the table: so that the Charter Commission eould come back with recommendations to Council in order for the Council to act upon it at a regular Council meeting. Mr. Wallace moved to table to next meeting. Mr. Harmening seconded. Carried 5-0. Consider Requ~3~_~9_r_S~r & Water S Possible Annexation Mr. Wallace moved that t~is be taken off the tab]~ onded. Mr. Wallace said that J. Clinton Scott is not interested in being an- nexed to the City and he moved that it be stricken from the Agenda until it is worthwhile to bring it back. Mr. Harmening seconded the motion to delete from the Agenda. Carried 5-0. ADMINISTRAT~YE Mayor Jackson said that the City Manager's report would n~ be read. Mr. Kohl said that the Przyby building had been demolished, and carted away: making the area f~e~. He would like suggestions from the City douncil as to how to utmtmze this parcel. It is approximately 207 feet long by 75 feet wide with a 20 foot right of way. He said we have a nice lot to think about. Mr. Kohl reported the driveway at the Municipal Beach was being covered with asphalt this a~ternoon. Next the concrete will be finished, and everyone will benefit with bars (arrows) for a good exit. Mr. Kohl stated the Federal government had stopped funds for the neigh- borhood youth programs, and everyone is concerned, especially during the [ummer. We would like to hire 12 to 16 young people fo~ a 9-week period~ 0 hours per week at $35.00 to $45.00. This money can be taken from the unused salary budget. Mr. Wallace moved that this proposal be accepted, and it was seconded by M~. Harmening. ~iseussion followed, opened by F~. Harmening who asked where it was anti- ipated to employ these people. r. Kohl said he will talk to department heads~ and see how many they ~use, and we will then talk to the Community Relations Board, and where a youth can be hired as they see fit. Mayor Jackson asked if there was any further discussion. Carried 5-0. -23- MINUTES REGULAR CITY COUNCIL MEETING APRIL 17, 1975 ADMINISTRATIVE~ conrad. Mr. Kohl said: regarding the ordinance for sewer and water, he would !Jke to peruse it at his leisure~ and it will be on the Agenda at an- other time. The cuts in the road that we make for sewer and water~ they are compacted with asphalt as per our ordinance now: and I would like to have concrete as the Ordinanee states. I think it will make a better cut in the road~ and it can be re-surfaced a lot better. Now theyare either concave or convex on all these cuts. I will see that these are stopped as of now. In response to Palm Beaeh County legislation re installation of tr~fic signals and objections to Miner Road~ 100 letter~ have been written we are getting fast action. We will have some traffic lights and Miner Road will be forgotten With regard to information I have received. In regard to the selection of architects, lettems~.have been placed in boxes~ ~d everyone can review a~d discuss their p~posals. Regarding the Sub-Fire Station~ Mr. Cieione of Boynton West Development requested t~at this parcel oflandbe deeded to the City with the survey and Mr. Ciolone assured us that we have this deed turned over imme- diately. Regarding lights~ City Hall parking lot has twobrand new lights and three more will be installed with new poles in the rear this week. i~. Kohl said he is working with Mr. ~rederick ~e proposed parks - Sara Sims~ ~orest Hill and Rolling G~eenP~dge~ ~ we ~re pFeparing aoproach to these three parks: and plans and cost estimate for City Counei~ will Be in in approximately three weeks. Mr. DeLong inquired about the park on S. W. 8th Street. Mr. Kohl said that is Forest Hill and it is included. M~. Kohl said that revenue sharing funds in the amount of $247,849 have en received° Mr. Wallace said if we have received that much money to date~ is that ~nder the old Federal guidelines? No one knew, Mr. Simon said it just came out this past week. Mr. Wallace asked if we could go back and state that t~ of the monies meceived from the U. S. Government go to original proposals? MT. DeLong said that the restrictions are not retroactive to what was ~reviously received. The guidelines are broad, and there are very few things you are not privileged to do. -24- MIN~ES P~GULAR CITY COUNCIL MEETING APRIL 17~ 1973 ADMIN!STRATIVE~ cont'd. Mr. Wallace said in case there is a stipulation in there that bars this paz~C of it there still is X nu~nber of dollars that may be placed into that a~ea. Mr. Flynn stated there was nothing brought up on revenue sharing, but in answer to Mr. Wallacets question the old stip~l~tion still stands that the monies received at close of last year - you still have to present plans for expenditures of these funds within 24 month period. That's the first checks received beginning December, 1972, There is still a long way to go. We will have plenty of time to work out some plans for expenditure of these funds. Mr. Kohl said that extra help is needed in the specific departments mentioned - 1 cashier~ electrical inspector~ structural inspector in Building Department engineering ~id in E~gineering Department ~nd equip- ment operator for ~3 large dumpster truck. Mr. DeLong asked if these are all new positions: and Mr. Kohl answered that they were frozen. Mr, Harmening moved to accept the City Managerts suggestions on new hires. Seconded by Mr. DeLong. Carried 5-0. Mayor Jackson asked if theme were further questions. Mr. Wallace asked about costs and budget for the new hires. Mayor Jackson asked i~ this was budgeted and Mr. Kohl answered yes. Mr. Kohl continued saying that neither the electrical inspector nor the structural inspector are published yet. Mr, Barrett stated he desired to hire an electrical inspector to cover one portion of the City and a structural inspector and plumbing inspec- tor to covem another portion. This money was in the budget. We could hire both for the money that was in the budget authorized for just structural inspector~ with cost of $82 over what was allocated. Mr. Harmening asked that the need for these people he clarified - as to how the load in Building Department has increased. Barrett stated you all get a monthly report. Last month it was up million. We were originally $2 million per month. Mr. Harmening asked the number of inspections these people must make every day and the answer was 55 to 40 inspections from early in the morning until late at night. ~r. Kohl said regarding Operator ~3, there was a new truck coming in~ herefore with this additional truck all the overtime would he taken out. -25- MINUTES REGULAR CITY COUNCIL MEETING APRIL 17, 1973 ADMINISTRATIVE, cont~d. Mr. Kohl then said we cannot tolerate additional demands on the water system. We treated 8 mi3~on gallons on April !Sth~ which was 100% capacity with all equipment functioning properly. Unless we receive sufficient rainfall within a short time~ restrictions on sprinkling lawns in Boynton Beach and Oeean Ridge will be put into effeet. Mr. DeLong motioned that restrictions be implemented on water use. ~r. Harmening seconded the motion. Carried 5-0. Mr. Harmening asked if we were speaking strictly on lawn sprinkling, not on daily use in the household. We do not have enough water to go around for sprinkling as much as is going on. Mr. DeLong said that we do have one well that was constructed whereby if the funds are avai!able~ we should start to get busy - look at the amount of eonstruction going on. You cannot afford to hesitate in this particular instance. ~Mr. Russell of Russell g A×on~ Consulting Engineers, said we have given to Mr. Hopkins, Mr. Clark and the City Manager technical portion of the Comprehensive Water Report: and have made recommendation that any imple- mentation of this await completion or partial completion of waste water report because the financial studies go together. You do have another well~ ~!1~ in construction. In this report we are recommending that by approximately one year from now you start construction of 7 new wells. Mr, DeLong asked what is the capacity of this well you are about to top in? Mr. Russell answered honestly he didn't know - about 1 million gallons daily. Mr. Russell also recommended doubling plant capacity for addi- tional storage. We believe engineering and financial needs to start this summe~. Going back to the Palmland thing~ there will not be enough funds to build a big plant if we start small ones. ~. DeLong asked how are we fixed for funds, and how many wells could be made after this report? Mr. Russell said he is not current on the fiscal picture. He said he would suggest that at another time. I would suggest that it would be advisable any time~ if not now~ to start on final plans for at least two more wells - almost one a year in the past and that is not enough to keep up with the growth. We mecommend that you authomize to go and prepare plans for at least 2 more wells. Mr. DeLong moved to comply and Mr. Harmening seconded. i~r. Wallace said that instead of going for one well periodically at a cost of $52~000 such as the last one with auxiliary, go out and bid three at one time: and there would be a saving to the City. -26- M~TES REGULAR CITY COLLNCIL MEETING APRIL 17~ 1975 ADMINiSTRATIVE~ conrad. Mr. Russell said we can draw three we!ls~ and see how it works out, Mr, Wallace said that instead of waitinguntil tater~ make three wells instead of two. Mr, DeLong said that immediate action is needed, Mayor Jackson stated we do have the money in sinking fund, We have mo- tioned for an amended ~eeo~Lmendation to keep far ahead of the s~tuat~Jon, Mr. Russell said he thinks we should do three and p~epa~'e spe~Rfieations SO that the contractors can do each one separately, Mr, Russell said there is a well field on the east side of Congress that is part of this progrgm~ and at this time we should stay in the same field: however~ we do need a test well program. Mr, Harmening moved to authorize Engineering to proceed with the test well program, Mr, Russell said it is still the same basic pattern. Mr, Ha~mening said to amend the motion and authorize the engineers to incorporate in their same program a series of test wells to determine the best location for future well fields. Mr. DeLong seconded the motion, Carried 5-0, Mr, Russell stated he has already made six copies of the report but will send additional copies, Mayor Jackson asked if we may have these for ou~ Tuesday eonference~ but M~, Russell said that was too early, He suggested we take.more time because mt ms s~gr~fmcant, We wmll have a written copy of the Sanitary Report prior to June !st~ and I recommend that you retain financial con- sultants wmth expertmse~ We will talk about water all at once, Mayor Jackson said we are having bi-weekly conferences, Mr. Russell stated if you want to talk about this anytime~ advise us and Mr. Jake Russell and Mr, Walter Hayes will be here~ as they are respon- sible for this report. Application for Permission to Solicit The Socialites Sof~cbal! Association Sigma Gamma Rho Sorority~ Inc, Mr, Roberts said regarding the Bucket Brigade (Socialites Softball Asso- ciation) the Poliee Department in some eases were not in favor, ~4rso Jackson said it is okay on Seacrest~ not on the Highway, -27- MINUTES REGULAR CITY COUNCIL MEETING APRIL 17~ 1975 ~pplieations for Permission to Solicits tented. Mr. DeLong moved that both of these be granted: but the City Manager contact the Police Department to find out what the rules are. Seeonded by Mr. Wallace. Carried 5-0~ Approval of Bills Mayor Jackson noted there were four bills outstanding~ and Mr. Kohl recommended payment. Mr. Harmening motioned the bills be paid~ seconded by M~. Wallace. Mr. Kohl read the information in the reeord, as follows: Hardrives~ Inc. Adair ~ Brady Belvedere Construction Sanitary Controls~ Inco $ 9~t50.50 !,705.70 i~928.79 1~235.50 Motion carried 5-0. OTHER Mr. DeLong said he wants to ask the Council for an extension on the Wil- son Recreation Center. They need room, and I have a letter requesting room from the Board of Education for the elderly to continue their pro- ~ram during the summer because the young are out of school. I would equest that some consideratmon be given to extension of that facility. I believe on the west side the roads would be better~ and the east side would be better for parking. M/lnor Corporation Mr. Simon said that Mr. Daves and Mr. P~chaet of M~]nor Corp. were pre- sent. There is currently an appeal of a final judgment in the lower court, in Circuit Court. The suit was brought by P~lnor Corp. and ~omeowners against the City in which R-1AA single family homes in Golf iew Harbour was attacked as being too restrictive. In January the Circuit Judge ruledthat it was too restrictive~ and directed this City to report back within 30 days as to a new zoning classification. We ~re presently on appeal. During all this time we have been in contact ith Mr. Michaels or Milner Corporation and Mr. Daves, his attorney. In exploring several possibilities~ we recently met with the hope that we could resolve this matlier following this Council's vote to' grant -2~ and R-3A for 4 acres and 20 acres respectively~ according to the evzsed plan that Mr. Michael prese~tedo There are a couple of restric- tions. I presentedthe Council's offer and counter-offer~ it was agree- able to Milner Corp.~ providing a couple of things were met° One was approval of plans of Mi!nor Corporation for development of their property and the other was that this Council direct the BuildingOfficial -28- MINUTES REGHL~ CITY COUNCIL ~ETING APRIL 17~ 1973 Milnor Corporation~ conrad. tO issue building permits for construction as requested. This was a counter offer. We discussed and explored the means of expediting in order that the Milnor matter could 5e brought b~fore this Coune{1 this evening. Be- cause the site plan has to be approved Technical Review Committee has to make its recommendations and findings~ all had to be referred to Planning g Zoning Board~ and the Planning g Zoning Board make its recom- mendations to City Couneit~ then City Council would act. If the Council felt that it wished to go ahead and approve plans and specs as submitted by F~lnor Corporation, and based upon those plans direct the Building Official to issue building permits then Milnor Co~p. would know where it stood with regard to the use under the proposed R-2A and R-SA. Mr. Simon asked Mr. Barrett~ under the Tecb_nical Review Co~mittee~ how do we stand? Mr. Barrett said that on Monday there was a meeting between Community Appearance Board~ Planning & Zoning BOard and Technical Review Committee ~nd we had a letter from Nfo Mi!nor saying that he was submitting pre- liminary report for landscaping to Community Appearance Board (CAB). The CAB recommended that they would accept as preliminary provided Michael submitted a complete !andseape plan for the balance of the period. The Technical Review Cormmitee (TRC) spent considerable time with it~ and have considerable recommendations~ including two vehicle bridges and that the canal not be filled. Planning g Zoning Board met and supported the TRC~$ plan with one exception - would much rather sDe foot bridge at one point to prevent flow of traffic and speedway. Ihave both plans for Council's review. These are the recommendations for Council's decision. M~_yor Jackson asked whether or not the question about the abandonment of the canal was resolved. Mr. Barrett asked the Council to go over al! the recormmendations. M~. DeLong asked if this was a man-made eanal~ and the answer was Yes. Mr. DeLong asked how long it was there and does it serve any other purpose? Mr. Barrett said ever since Golf View Harbour was p!atted~ it connects on the west side of Con?mess from L-28 to E-4. However: in reports that we get~ apparently Lake Worth Drainage District does not want to control this and has no jurisdiction. They are leaving it up to the City. Mr. DeLong asked what the useful purpose is? Mr. Barrett answered to relieve water load and connect two canals for flow. -29- MIh~TES REGULAR CITY COUNCIL MEETING APRIL 17~ 1975 Milnor CorpOration: conrad. Monayor .Jackson asked if the lots around the water cost.more than-those-not the water. M~. Flichaet answered no: it is a deadend canal - on opposite.side of Congress there zs seepage into.a pothole which ~s ~n P~W fox c~pansion of C0ng~ess~ eventually they wll3~ fillet. bB. De-Long asked if our Engineer had knowledge Mr. Clark said in h. is opinion ~ th~ ~ ~{at¢~ay ~? lef$ open it alimiuat$ 'possibility that you W°~l~ ',h~e ~St~ WaC,er, .but as far as drainage, $~ could~ be ab~on~.~ ~t~ .~e' ar~ Qth~ war.aMs that could serve the ~ameas 9n t, he-w~ s.~ of ~n~s~ 'The TRclfeit that woUld. a.ll~o$ s°ma: circulation o~ fl0W if ti $ ,p~pe 3~as l~ef~ tQ? connec~ both sides So that-Water cOUld c°nne~t b( :h sides into'E-4 Canal. M~, DeLon9 asked for the City Engineer's z~eommendation, Mm. ClaDk'said you will get sOn~ watem alSd,lp~vide dr~e ~.~ the streets. We will be abandoning a d~¢~ted'. Waterway, but it zs not a drainage problem. ~r, De~Or%cj{ .~n~ved that th~ C_i~ty F~ a. ger be instructed to contact the. C~unty to find but if they h~ve ObjectiOns and ir~ormat!on~ and fznd out Whe ~the~the~e, is any objec~i0n bh' thei~ partlw~eth~m the Canal is abandoned. Mc,, Wallace seconded the motion~ Carried 5-0. Mr, Ba~ett- Said he has plan~ sh~ what Mm. Michael wants to do. M~yor Jackson asked the pleasure of the Council. ~, W~7lace asked if this also 9?a~ts,Mm, ~ehael,the z~iqht as the recr~atio~ a~re.a~ because ~hf$ 9as ~hat the h0meown~s had asked fox p~euioUsly, i This should be ie~a~,y .'.in_et,uded so that the gentleman doesn't h. ave to com~ back again~ with ~a different Council to fight all ove~ again. ~? Michael sa~d~at w~ have a site already se!scted~ shQwn on the print ~ each .of the' complexes we got p~eplan~ed h&~e" shows recre.a~t~onal fac- ~i~tities~ i. e. :~ t~nn~s court~ ~w~ poot ar~ recDe~ti0n building, and C!ubh°Use %t~sel~ ~as decided, at one: ~of ~ur ~oz~ai meet~-ugS that we would-consider She R-2~ and E-5~, &nd at a later date would come back. for the R:2 on that pa~ticdlar site.' ~r. simon Said .we ave ~tedking about: set-~lement: of thee ~wsuit. I been authc~ized to make o£fer for R~2~ an~ K-3~ ~-'do you want to a~d -flOr the ~lUbhou~e Only? t~k2 wa~ ne~e~ au~h6r~Zed. Mr. Wallace said i~ you are trying tO make that a to~al package~ includ- -30- MII~dTES REGULA~ CITY COU~NCIL MEETING APRIL 17~ 1975 Milnor Corporation~ conrad. lng recreational facilities and which the developers have asked for and Homeo%wners Association have Stated this is an integral part without the recreation area: etc. I doubt they would 9o the other route. If all of these things axe compatible~ the presentation that you make to the cougars - is final so that Mr. Michael knows what he can do. Mr. Barrett asked - Will you accept his plans~ R-2A, R-3A, R-2 zoned for clubhouse~ and acceptance of the plan here as proposed by Mr. Michael? This is the total package. Mr. DeLong said Mr. Michael chose *3Jm~.nation o~ the ea~l~ We ~us~ eeive a reply from the County as to their feelings. The acceptable, but vehieutar crossings are not. At 10:20 P, M. the Council recessed to study the Milnor plans in detail. At 10:29 Mayor Jackson called the meeting to order and said that the Council has looked at the maps. She asked Mr. Michael to repeat what Mr. Simon is going to t~<e to court. Mr. Michael said we are here to h~ve Council accept our site plan which differs in two points from the original plan of October 27~ 1971 and a previous plan approved through a series of meetings v~ith the Planning Board in November~ 1970. One is for the elimination o£ approximately !0 to 12 lots from the R-2A which is now R-1AA~ and we have bullt houses on 8 of these 12 lots. The filling in of a portion of the canal allowing us to build a conductor road from SW 27th Avenue onto SW l$th St, We are asking for R-3A and R-2A. We will come back to Council after probably a month or later and request one small site to be zoned R-2 for clubhouse site for subdivision members of Golf View Harbour Estates. Mayor Jackson asked if this would be drawn up the way it is going to be? Mr. Michaels said yes~ with a foot bridge and interconnecting road with that portion of the canal being filled. Mr. Wallace said that v~th reservations he understands that it does not hmnge on zmll~ng in the canal. He, has to come back in one or two months regarding zoning. Mr. Haz~ening said it should be stipulated and agreed that this is it. In addition~ there should be some Sor~ of performance bond for the club- house so that we know a clubhouse will be built on this site. There should be a covenant on that piece of ground. Mr. DeLong asked if we can legally request a performance bond? Mr. Wallace asked if this wasn't done in Court? -51- MIbEkTES P~EGULAR CITY COUdqCIL ~ETING APRIL 179 1975 Miluor Corporation~ contTd. Mr. SLmon said what the court will do is receive the agreement of zoning~ that's what the cou~t is concerned with only. Performance Bond is not in agreement. We have to define the boundaries - zoned R-R, and deed restriction will be placed upon it. ~. Harmening said the people want the clubhouse~ and we should make sure it is built if we are giving the zoning for the clubhouse. Mr. Simon said we could draw up an agreement which would include a coven- ant in the deed. Mr. Wallace said i~ everything is tied up in one package, it is okay. ~. Simon said when you reach this agreement~ Milnor wants to know that you are agreeable to doing certain things~ i.e.~ abandooment of canal~ abandonment of streets~ and that you approve his plans as proposed. Mr. DeLong said we can give tentative ag?e~ment. Mr. Harmening asked if they will have to build the clubhouse on this par- ticular ground - will our agreement hold them to this? Mr. Simon said the deed restriction will see that the property will be used ~or no other purpose than a clubhouse. Mr. Harmening said he proposed that if possible~ they get the clubhouse and insure actual construction as part of the agreement. Mr. Simon said to get a performance bond or put up money to do it. Mr. Daves said we are discussing with our residents in that Association ~or the construction of the clubhouse ~nd once the legality of the zon- ing is so stated: we will immediately begin construction. Mr. Harmening said he would like to see an agreement that was bindin§ incorporated into the agreement~ and made a part of the overall agree- ment. There was no objection, and Mr. Daves said that Milnor would deed the property to the Association~ and asked that the Council instruct them what has to be done. Mr. Harmening said he was interested in the technical details~ and Mr. Paves said we are going on record saying that we will. Mr. Wallace said that in the past he has seen people scorched~ and the ~ouncil is just looking for assurance that the people will t~ve a club- house. Mr. Simon said to have the performance bond or post cash - and that in- formation is needed as to how much~ size: etc. -52- MINUTES REGULAR CITY COUNCIL MEETING APRIL 17~ i975 Mitnor Corporation~ cont~d. Mr. Wallace asked what the estimated cost Of the clubhouse would be. Mr. Michael said about $50-55~000~ and would contain close to 2,500 ~ · square feet~ not ~_neludlng the pool· No plans have been drawn on it: because we just identified the site. Mayor Jackson asked what the procedure is now - should we vote on a pre- limina~y plan? If the City is agreeable with the abandonment of the canal and ab~%dorm~ent of streets and all we condition upon is approval of the County as to what the develope~wi!l build. Mr. Simon said he would put to the court the number of lots in question~ the number of lots that would remain R~21AA~ the r~m~ber of lots that would be R-2A~ and the number of lots to be R-3A~ and that the City and owner are ag~eeab!e to this. The eou~t would make a decision, the owner will take the gamble that the County will go along with the abandonment of the Canat~ other%~ise let them cheek with County first and then come back· Mrs. Padgett asked if it will be necessary to have a Public Hea~ing and ~ through regular procedure for abandonment of the Canal~ to which · Simon answered Yes on the abandonment of the Road, but not on aban- donment of canal. Mr. Wallace made a motion that the Council leave whatever is necessary up to the Attorney regarding representation. Mr. DeLong seconded the motion. Mr. Simon asked if it is possible to present the entire plan which includes the clubhouse and all the plans are approved, including the clubhouse~ and then submit a schedule for'construction of the clubhouse~ then entire package can be conditioned upon the time schedule proposed. · . Doves s~dyes~ this can be done: perhaps by first of the week, and a so a leper fro the County Stating they have no objection to abandon~ -~ ment of that portion of the Canal. Mp. Simon asked if it is possible to wor~ up a time schedule so that the clubhouse has to be completed to a certazn stage before building permits are issued for the rest of the construction. Mr. Doves said this could be worked out. Mr. Barrett thought it might be possible to work out the stage schedule dependin~ on whether we want a certificate of occupancy issued be~ore the others are lssued: or do we want the major portion eompleted: or just the shell. He'll have to be told which way to go. M~. Harmening said up to a certain stage of construction the clubhouse should then be completed: and added it would save the cost of a perform- ance bond. -35- MINUTES REGULAR CITY COUNCIL MEETING APRIL 17, 1973 Corporation, conrad. Mr. Simon said an agreement can be dragon up on that basis. Mr. Harmening said the clubhouse should be completed within the first half of oonstruction~ based on square feet of area: or that basis. Much discussion followed. Mr. Barrett suggested that permits not be m, sued on R-2A until clubhouse is in the shell and roof stage. Mr. Daves suggested it would be better that the building permits be is- sued for R-RA and held up on the R-3A zoning~ until the clubhouse is ceptable to the City. Mr. Simon asked about the Certificates of Occupancy. if~. Barrett said they would not be issued until the clubhouse was com- pleted, and that MiLnor Corp. was agreeable. Mr. DeLong moved to accept this agreement as outlined. Seconded by Mr. ~ober~s~ pending County and City approval. Mrs. Jackson asked if there was any other discussion. The answer was No. Carried 5-0. Mr. Wallace recalled~ and this goes back to PleDging & Zoning Board~ the zoning proposal~put out as far as the blue book is concerned. Given dir- ection in January for Council to have maps~ etc. drawn to scale: so that t~ey could actually see what was taking place. This was never done. The only thin~savailable are some eo!ored maps in the Planner's office. He asked Council to give direction to City Manager to have an agency come in and produce these maps and overlays so that the Planning & Zoning BOard, Council and citizens would have access to them. The overlay would be useful as far as actual streets and addresses~ eta. This is to be done administratively. Mro Wallace motioned that maps and overlays should be ordered adminis- t~atively~ and the City Manager get the necessary maps off the ground f~r zoning regulation. Seconded by Mr. Harmening. Carried 5-0. Mayor Jackson added that the County would be glad to give us help at cost from the Area Planning Board. v MINUTES REGUL~ CITY COUNCIL MEETING APRIL !7~ 1975 ADJOURAq4Ei~T MB. Wallace moved the meeting be adjourned. Carried 5-0. Meeting adjou~ed at 11:00 P. M. Mr. Roberts seconded. ATTEST: CITY OF BOYNTON BEACH~ FLORIDA eL6ng~, Vice Ma or -35-