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Minutes 03-20-73MINU~ES OF REG~iLAR MEETING OF CITY COUNCIL OF TP~ CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL~ TUESDAY~ MARCH 20~ 1973 PRESENT Emily M. Jackson, Mayor Joe DeLong, Vice Mayor David Roberts, Councilman Edward P. Harmening, Councilman For~est L. Wallace, Councilman Prank Kohl, City Manager Ernest G. Simon, City Attorney Tereesa Padgett, City Clerk Mayor Jackson called the meeting to order at 7:30 P. M. She welcomed the audience to the meeting, z'equesting them to rise for the invocation given by Harold Hopkins, followed by the Pledge of Allegiance to the Flag led by Charles Frederick. Mayor Jackson read two proclamations. One proclaimed April 14 as Rid Litter Day~ s_nd the second Proclamation was to proclaim the week of April 9 - 15 as Earth Week. The Mayor then introduced the Finance Director, Mr. John G. F!ynn~ Sr. MIkWJ~ES Mr. Wallace moved that the minutes of March 6, 1973 be adopted as pre- sented. Mr. ~obe~ts seconded the motion. Motion carried 5-0. Mr. Roberts moved that the minutes of March 15, 1975 be adopted. Mr. Ha~mening seconded the motion. Motion carried 5-0. PUBLIC AUDENCE The Mayor asked if there were people wishing to speak to please come forward and state their name and address for the s~ke of the secretazX¢. O. T. McLean, 906 South Federal Hiqhwayo Mr. McLean stated that he would rather speak on the Agenda. He believed this item comes up under Section VII, Old Business, Item D. However, he would pre~er to speak at that time. He stated that he understood that this is the Pneumatic Corporation. LEGAL Ordinances - 2nd Reading Ordinance No. 75-11 The City Attorney read Ordinance No. 73-11 by caption only. Mr. DeLong made motion to adopt Ord. No. 75-11, seconded By Mr. ing. Motion carried 5-0. Harmen- -1~ MINL~ES REGULAR CITY COONCIL MEETING MARCH 20~ 1973 LEGAL~ cont ~ d~ Ordinanees~ 2nd Kem3dlng, cont'd~ U~dr-nanc~-~oE-yS~ Simon Dead~Jlnance No. 75-12 by caption only. Mm. Ha~mening made motion to adopt O~dinance No. 73-12 on second reading, seconded by Mr, DeLong. Motion carried 5-0. Ordinance No. 75~!3 Fi~. Simon read Ordinance No. 73-13 by caption only. Mr. Roberts made motion that O~dinance No. 73-13 be adopted on second reading, seconded by Mr. Wallace. Motion carried 5-0. Resolutions Mr. Simon read Resolution No. 73-V requesting use of permanent single registTation system for registration Of Electors. Mr. Harmening moved to adopt Resolution No. 73-V~ seconded by Mr. DeLong. Motion carried 5-0. Other Mayor Jackson then stated that she had a letter fremGriffith and Moore which she had been requested to read. Mr. DeLong moved that the letter be accepted and the contents spread upon the minutes, seconded by Mm. Wallace. Mr. Roberts asked, as a point of information, if there was anything fur- ther done or not, would it be possible to get the names of the people involved in instituting this action? The City Attorney asked if it was meant the clients represented by the Attorney? Mr. Simon stated he thought this ccc!d be furnished upon inquiz~; - later on perhaps. Mr. Koh!was requested to try to find out. Motion carried 5-0. OLD BUSINESS Mayo~ Jackson asked if they should skip over job clasSifiCation. Mm. Wallace stated he had an inquiry as to one position. This was to ask Mr. Sullivan and Mr. Kohl is they had a decision. The thing I am referring to on which each member of the Council received letters. -2- MINUTES REGULAR C~TY COUNCIL MEETING MARCH 20~ 1975 OLD BUSIneSS, cont'd. Appoint Judge ad litem The Mayor asked if anyone had names to submit, or would they table un- til the next meeting. Mr. Roberts moved to table and bring in a n~me for an Assistant Prose- cuter at the next meeting. M~. DeLong seconded the motion. Motion carried 5-0. Hardrives Proposal Mro Clark stated tMat the Council might recall that a few weeks ago there were opening bids £o~ the construction of a storage lane at the Beaeh~ but no bids were received. Council authorized him to negotiate, and he ta]~edwith several developers and got one firm proposal from Hardrives~ /_ne. including bond, of $5,615. Mr. DeLong asked Mr. Clark how much he estimated the job would cost? Mr. Clark stated that origiD~l~y they had $5,000 in the budget on the streets~ which was his estimate, which may be a little high. He be- lieved they got a pretty good bid. Mr. Roberts stated the letter says $3,615 plus cost of performance bond. Mr. Clark stated that Hard, ives informed him they would include the bond in that figure. He asked if there was something added in that ~ePRo. Mr. Roberts said the letter says - complete $3,615. Mr. Clark stated they would negotiate, that they have not signed any contracts, just have proposal from Hardrives which will include the bond: and reiterated that the contract has not yet been signed. Mr. Wallace stated if everything is in order he would make a motion to adopt the p~oposal as presented by Mr. Clark. Mr. DeLong seconded the motion. The Mayor clarified the statement by saying that the motion awarding the contract to Hardrives is sabjeet to all the technicalities. Motion carried 5-0. City Manager's StatuS Report Mr. Kohl gave status report on the following: A. Dog Pound Specifications are being prepared and we will go out For bids by the end of the week. Funds for this will be taken from revenue sharing monies. MINUTES REGULAR CITY COL~!CIL MEETING MARCH 20~ 1973 City Manager's Status Report: cont'd. B. Fire Sub-Station Plans are being formulated to locate the sub-station on Congress at S. Wo 93rd Ave. The City Council w~ll have to select an architect. ~C. Potholes - N. E. 10th Ave. The County Road Depal.~ent has repaired the potholes in this. area. D. Mr. Pittman: Lelsurevm_le Mr. Pittman presented a petition signed by 138 residents of Section VII~ requesting paving of roads in that section and completion of Recreational Area ~3. Although neither request was in the City's jurisdiction, as a service to our residents~ Rubin Construction was contacted to have the roads taken care of immediately. The matter of the recreational facility must be resolved between the developers and residents. E. Repair of Floor at Civic Center Work on this project was started on March 14th and completed on March tSth~ F. Air Conditioner at Civic Center This air conditioner has broken down repeatedly. I sm presently checking the amount spent on repairs in the past two years: and studying the situ- ~ · ation to detez~aine whether to repair or purchase a new air cond_t~oner. Purchase of Lots 521 and 522 - Cherry Hill S/D The City Attorney has been advised to proceed with purchase of this prop- erty and he is negotiating fo~ these two parcels. Monies will be taken fromunappropriated surplus. H~ Proposed Pavin9 of N. E. /st St. (Request o~ Mr, Ve~nonThompson) This has been initiated, and we have written to FAr. Thampson advising him that it iS expected this project will be comp!ere by the end of April. I. Federal Monies due from H. ~. D. on General Development Plan Bob Largentwrote H. U. D. on this onM arch /2th. He informed me today he called H.U.D. who ~nformed him our request ~or 701 planning assis- tance grant monies was complete and had been forwarded for processing. We should ~tieipate receipt of 9~ of this money in 3 to 4 weeks. 10% is withheld on all these federal contracts and would be forthcoming in ab~at a year. -4- MINU~ES REGULA~ CITY COUNCIL MEETING MARCH 20~ 1975 J. Junk Cars The County will begin to pick up the old junk cars either the end of 'this week or the beginning of next. The Police Dept. has picked up approximately 200 cars in their all-out effo~c to clear the City of this blight. PUBLIC HEARING 8:00 P. M. The Mayor asked if there was anyone in the audience to speak on request for abandonment of easement by A. L. MeGregor. Mrs. Albe~t McGregor, 2897 S. E. !st Place, came forward. She explained that Mm. McGregor could not be here and she came to answer questions. Mrs. Jackson, Mayo~, asked Mrs. McGregor to explain the request. Mrs. McGregor explained that they have a house on the corner of 28th Avenue and S. E. 1st P!aee~ and on the lot to the west, and have a garage on the easement which is between house and garage. They would luke to install a poot heater, and it should be on the west end where the easement is. The Public Utilities have been contacted, and they ar~ w~t]~ng to abandon a certain portion of this. The Mayor asked for any ~uestions. Mr. Ha~mening asked if the Public Works Dept. had cleared this through their department. Mr. DeLong asked if the City Engineer had any knowledge of thl~. Mr. Clark asked that his memory be refreshed on this. Mrs. Padgett directed his attention to his reply of March 53 1975 to in- quiry from her office, whereupon he stated that at that time he had checked the matter out~ and he corroborated his statement contained in the memorandum to the effect that he saw no reason not to abandon the easements, as far as the City is concerned. Letter of March 7~ t97~ f~om Florida Public Utilities was read in which they stated their agreement to the abando~ent WITH THE EXCEPTION of the northerly 7~ of the easement along the east side of Lot 22 Dewey Heights S/D~ where they have an existing gas main. There was a question because we had not heard directly from Florida Power g Light. Mr. Kohl read letter from Mr. McGregor of Pabruary 16, 197D requesting abandonment of the S. 62' on the west side of Lott~ Block 4~ Seacrest Estates and 90~ of 5~ easement on east side of Lot 22, Dewey Heights S/D~ end stating that in discussion with Florida Power & Light they had stated they were willing to abandon easement. Mr. McGregor enclosed his cheek in the amount of $50.00 in the letter. ~fINL~ES REGULAR CITY C0~NCIL MEET/NG MARCH 20, 1975 PL~BLIC HEARING~ cont'd. Mrs. Jackson asked if there were any people against this abandonment. No one spoke against the request. Mr. Roberts stated that the o~iginal letter, in regard to the Planning & Zcn/ngBoard, in thelast parag~aphpointed out ~esu!t of theirdis- cussion~ and emotion was made by Mm. Walker to recommend to the City Council that the easement abandonment except for the N. 7.4' be granted as requested. Mr. Harmm~ing asked Mrs. McGregor if there were any overhead power 1/nos. Mrs. McGregor replied that there is a pole at one end 9~th guy wires on the no~th side. Mr. McGregor spoke to the Power & Light Company about this. Mr. DeLong stated that certification from Florida P~er & Light would be required° Not that Mm. MeGregor~s honesty is disputed: but it would be better business procedure to obtain the verification. Mr. Wallace stated if Mr. DeLong was making this a motion and received an agreement in writing then he would agree. Mr. Harmening seconded the motion. Mayor Jackson stated that it had been moved and seconded that this mo- tion be passed on the stipulation that the City Manager check with Flo- rida Power g Light, and that all written materials be on file. Motion ca,tied 5-0. OLD BUSINESS~ cont'd. The Mayor then requested that the Council go back to OLD B~SINESS: Job Class~ication. Mr. Wallace requested that Job Classification be redefined. He read a letter he sent to Council under date of March 15: 1975, as follows: ~In the meeting of Tuesday~ March 13th, the Counoil referred ~Per- sonnel-Job Classification~ back to the City Manager and Mr. Sutt~van for further study and updating. This I do not object to hut the City Council sets policy. Therefore, it is not a decision for the City Manager to make concerning the positionMr. Carden now holds. By Charter, there is no such posi- tion. By act of Council there is no such position or such a ~de- partment~ listed. I therefore ask that it be made c!earthatMr. Cardenis only an assistant in the Depa~ment of Public Works. -6- MIAWdTES REGULD~ CITY COUNCIL ~EETING MA~CH 20~ 1S7D OLD BUSINESS, eont'd. I am not questioning Mr. Carden's ability. I am requesting that Coun- cil abide by its previous vote to return to the fsystemT as it was before Mr. Kitlgore. ~' Mr~ Wallace then stated that he would like to see the Council take ac- tion to direct the City Manager to follo~ through with this. Mrs. Jackson stated that they should go back to the Cha~ter; and inquired if the Assistant to Public Works Director would ~an for water, sewer, etc. I~. Roberts asked if a Bulletin of Alternate Titles in his possession was from the Personnel Director. Harold Hopkins stated he dropped them in the boxes thinking they miqht be of value to the Council. It was Mr. Wallace's opinion that in the final analysis, Mr. Sullivan and M~. Kohl may come back with recommendatiOn, but until such time the Council should go back and put the gentleman in position as previously stipulated. Mr. Robe, s suggested that Public Works and ~tilities Director has 8 sup- ervisors under him and also the assistance of the City Engineer: which would help ~educe responsibility, and perhaps another opening aou!d be found for Mr. Ca~den. Mr. Roberts stated that he had been to!d the former Nar~ger did have an administrative assistant, and due to the rapid expansion of the City and the possibility of building a library, fire statien: etc., a plan could be offered of putting Mm. Camden in as administrative assistant. His duties could be expediter, trouble shooter, etc. This should help the image of the City in their progress. As Mr. Wallace stated: he has abitity, could supervise, has also served in capacity of street super- visor and Director of General Services, Assistant to Public Works Direc- tor, and passed several Civil Service examinations. I move that the City Attorney be instructed to draft a resolution creating or recreating the position of Administrative Assistant to the City Manager. Mr. Wallace stated that he wished it understood that he was not question- ing Mr. Carden's ability, but advised that statements be clarified before placing the man in a higher position: and that he would hesitate to fol- low through the recommendation at this time. Mr. Roberts stated that since the fact r~mainsthathe has ability it ~ou!d cause problems putting him in as Director of GeneraiServices~ but that he would like to see him put in some position with same pay. Mr. Roberts made the motion that we do create this particular position as Administrative Assistant to City Manager with same pay~ no increase in -7- MINUTES REGULAR CITY COUNCIL MEETING MA~EH 20~ 1973 OLD B~SINESS~ conrad. pay~ and would hope that the City Manager and Personnel Director be in- structed to draft an appropriate job description: and that this be in- eluded in classified service and waive the examination. Mr. DeLong seconded the motion. Mr. Wallace read for the record a letter to Mr. Hopkins from Ross S. Snyder. Mr. DeLong requested that Mr. Wallace read the accc~panying letter. Second letter mead. ¥~. DeLong indicated he meant the letter on the top from Mr. Hopkins, where he advised them to see an attorney to settle their personal dif- ferences. Wallace read memo from Harold Hopkins. Mrs. Jackson asked if there was ~ny further discussion. Mr. Roberts asked if any investigation had been made on charges of dis- honesty? I think all of us occasionally get humorous at t~s~ and I do not think this was a serious situation. I notice there was no hesi- tation in appointing Mr. Carden as Assistant in Depar~-ment of Public Works. I feel this is not really an elevation but a transfer into a situatiOn where he ean use his talents and possibly if he works under the City Manager he can keep an eye on him and be sure be does not en- gage in horseplay. Mrs. Jackson asked if there was any further discussion~ and were they ready for the question? Mr. Roberts moved the City Attorney be inst~acted to dr~ft a resolution to create or recreate the position o~ Administrative Assistant to the City Manager at his present pay range with ear allowance of $100 if he is to be in the field: and the City Manager in conjunction with Person- nel Offieem be instructed to draft appropriate job description. The motion carried 3-9. Mr. Harmening and Mr. Wallace voted ~o~. Mr. Wallace stated that there had been a hassle about job classifica- tions: and that this should be %~itten before person was appointed. Mr. Ezell Hester spoke regarding job classification - From those letters I thinkyou should investigate before appointing anyone, should inves- tigate charges. It seems as if it is getting to be a point a lot of people have left the City because of minor incidents. Why is it all of a sudden we are ready to do something without any investigation? Play- ing with rubber bands on taxpayers' money: we do not pay employees to do this. If these ehaz~jes are t~ue, playing like children, maybe they M/NI~ES REGULAR CITY COUNCIL MEETING MARCH 20~ 1975 OLD BUSINESS, conrad. do it because we have some people on the Council who act like children; %ye need to use common sense~ all these employees who have left - there is a reason. Now let's be fair with everybody. You hire a City Mana- ger - be fai~ with him. Let the City Manager run the City. Your obligation is to set policy. If this is done I think we will have a better city° We talk one thing one time, something else another time. This Council seems to be doing this, not everybody: but some. I am going to ~ive M~. Kohl a chance. U~e more common sense. I see there seems to be a little bit of friction. This Couneil was going to work in harmony when elected. When eha~qes are brought up against someone like this I think we should investigate. Thank you. Request of North Boynton Industrial Park Mr. McLean - Before we get into the Park subject, I would like to state that to the best of my knowledge Mr. Zobel in front of all of you repu- diated charges made against him. So far I have not seen anything to prove these allegations were t-~ue. I have seen a lot to prove they were not the truth. I have in my possession sworn statements that the police did what I eharged~ and I will be happy to show these statements now. You read a letter from Gene Moore. Please read letter from Attorney Bludwo~th and your reply to same in regard to wrecker rotation. M~s. Jackson Stated she did not have the letter with her. Mr. McLean referred to remark that they never had any of that informa- tion until it was received in Agenda the other night~ in regard to Florida Pneumatic. He asked to refresh their memories with facts. At the time this was pres~uted a petition was being presented not to ~t this annexation through~ and in one of these arguments was that the City Manager had not given you any prior information. However, the night the annexation was voted in~ and I have the records here, Mrs. Jackson made a state- ment that this was th~ finest presentation she had read~ and she was o~ the opinion that it was a good thing For Boynton Beach, in other words~ the Mayor did k~ow of it. Mrs. Jackson replied that she did not know it was to be platted. M~. DeLong rose to a point of order - your points are well taken, ~. McLean. Zoning M-i~ Industrial Mrs. Jackson asked Mr. Simon if he had the Charter - Section ~!-10 un- der Zoning in the M-lunder A,. second paragraph, and would M~. Simon please read it. MINUTES REG~dLAR CITY COUNCIL MEETING MARCH 20, 1975 Request of No,ch Boynton Industrial Park, cont' d. The City Attorney read Section 31-10, M-! Industrial District~ Paragraph A. Mr. DeLong remarked that the problem here with this pa~ciculsm annexa- tion and zonS_ug was not so much of anything of a legal nature other than the fact that we will be getting an M-1 zoning~ and land has al- ready been sold for cement plant which is not considered M-l, and will have to establish in our minds in this very well compiled report and go over it step by step. It appears everything of a legal nature was complied with, and now one parcel has been sold for a cement plant. Two questions come to my mind. No. 1 - Who is going to determine whether or not you are going to classify tkis heavy industry instead of light industry in view of the f. act that it is not specific in zoning ordinances as to what the prohibitive and p~missive uses are insofar as a cement plant is concerned. Also, the question appea~s that if these ordinances have been in effect for a number of year, p~icularly at the time R/nker e~ne into Boynton Beaeh~ this would bring up the question that when 1-95 cemes along it would mean the end of this par- ticular operation. I understand they are pushinq up further to the north. Mrs. Jackson remarked that she wanted the City Btto.~ne~ to read this for the audience. Mr. Roberts remarked that the original letter that came in for annexa- tion said they were planning an industrial park for light manufacturing. Pit. Taylor and Mr. McLaughlin wishes to be good citizens, and expected to develop a fine industrial park. Mr. Roberts did not understand where the cement plant comes in. Mr. DeLong replied to Mm. Roberts that this was a point of legality, and that this has not been placed in a prohibitive classification~ accord- ing to interpretation. Mr. Roberts stated he thought the original file should be taken into consideration. Mr. DeLong stated that he was not against industrial parks, particularly if they are like the one on South Orange Blossom in Orlando where the buildings are beautiful, well designed, but you do not see any cement plants. Mrs. Jackson sta~ed that she believed the problem is whether we accept the plat plan~ however~ legaltywe have no choice. Mr. DeLong stated he would move alon9 those lines, the adoption of the plat. Mr. Roberts seconded. -I0- REGI1LkR CITY COUNCIL MEETING MJtRCH 20~ 1975 RequeSt of No~th Boynton Industrial Park3. cont'd. Mrs. Jadcson stated it had been moved to adopt the plat of North Boynton Industrial Park. Mr. Wallace asked why we are adopting if we have questions. Mr. DeLong's opJ_uion regarding the cement plant was that nothing says we must 9~ant building permit. Mr. Simon stated that they were adopting plat as one thing, applying it is another. Fr. Harmening asked if the City had checked the plat for accuracy. ~-Ir. DeLong stated that he thought they had recommendations from everyone and to look in the folder, and asked Mr. Clark if he had checked the plat. Mr. Clark replied the plat was checked in general for plat requirements and that according to ordinance plat the general intention has been agreed upon, still we do not have sewer plans~ this would be required, but the plat itself: the layout has been approved substantially. Mr. Harmening asked if the plat portrays any drainage, and Mr. Clark re- plied that drainage will be contained on site for each lot. Mr. Wallace asked if this has been indicated, to which Mr4 Clark replied that he had not seen any plans recently. Mrs. Jackson stated that she understood that they are on septic tanks and according to the minutes of the Planning S Zoning Board, septics would have no more sewerage than ordJ_nary houses: to which Mr. Clark replied that if 55 people were employed and spent 1/2 their time at home~ unless they used a great amount of wa~er in their manufacturing: the flow may not be significant, and that 35 people do not put out so much domestic sewerage and that industrial waste requires pretreatment, so if this is the case there undoubtedly in years to come will be a master lift station in that area~ and they would be required to hook up~ and that the City may not want to participate in major lift plan so the alternative would be septic tanks. Mr. DeLong said it appeared the question is whether or not it is the proper thing in aeeepting this plat. M~. Clark corrected this statement saying it was a prelim~ plat. The document used to transfer property which the County will cheek minutely before reco~ding~ this document is subst~untially in final form, the development plans are not complete. Mr. DeLong?s opinion was that in this report it appears arrangements have been made for water~ sewer, and Mr. Clark ~eplied this is the way he un- derstood it. Pit. Barrett issued a permit on our recommendation; we did not want temporary main going under the Railroad and 1-95 into our system, we prefe~ed they go to septic tanks. We can require they put money in -!1- MINI1TES REGULAR CI~'Y COUNCIL MEETING MARCH 20~ 1975 Request of No~th Boynton Industrial Park, contTd. escrow to be used at future date. These will be written ag-~eements at a later date. M~. DeLong asked if this was Mr. Cl~rk~s recc~mmendation to adopt the preliminary plat? Mr. Clark agreed we should adopt preliminary plat. M~. DeLong asked the City Attorney if there was anything to be wazb; of 5_n the adoption of this at this time? Anything which would prhibit adoption? M~. Wallace inquired if this is the same area the County was going to work out a road to the south area~ which the developer would pay so much cost of that ~oad 8~nd if this is the same area, the same road, Mr. Wal- lace thought it would be best to wait. Mr. Harmenb~ug stated that he had a copy of the preliminary plat reputed to be in a near final form~ showed access from Im~ustrial Park to High Ridge Road to which remark the Mayor stated that that has been closed off. M~. Harmening remarked that he supposed the Council could accept it in prelimins~y form if this is to be considered anything final: then he did not believe he would consider it. Mr. Roberts said that Mr. Barrett stated that there will be no C.O. is- sued until all is eemp]~ed with. The building permit was issued, the building is 3/4s constructed. I do not know what else you ean do. If we have control of the development or the building through certificates of occupancy how ean you stop it? Fir. Harmening stated certificates of occupancy will be issued based on the facts as they eXist. Mr, Delong asked if there is any reason why we cannot adopt preliminary plat? The City Attoz~ney stated he would have to make a study before answering that question. M~. DeLong - I understood we were going to get a legal ruling on this. It all started when County prohibited driving trucks on High Ridge Road. This road being a County road, I do not know if they ever accepted deeds for rights o~ way from northwest cormer of this property to southwest corner - 80 ft. right of way. I understand County has not picked it up. Does the County have this Road~ then County should extend the road from south end of these people's property down into R2nd - 1/4 mile away. The right of way has been 9~anted aceo~ding to what I have been told~ yet these people are beingkept landlocked. Mr. Wallace - Considering all the questions and answer, I make a motion to table. ¥~TES REGULAR CITY COUigCIL MEETING MARCH 20~ 1975 ReQuest of No~th Boynton Industrial Park, cont'd. Mr. Harmening seconded the motion. Mr. DeLong stated he would withdraw the motion if the gentleman will withdraw second. The second was withdrawn. Mr. Wallace moved to table, seconded by Mr. Harmening. Mr. Ho]l~ngsworth = representing the developers of Industrial Park I feel that m~ clients have been subjected to a g~eat deal of ineonven- ience~ unnecessary expense and a certain amount of unfairness by the public bodies involved here. I met with the City Manager and Attorney and your concerned department heads very shortly after the night you referred this matter to the City M~nager for investigation. We dis- cussed the matter thoroughly, compared eontents of our files, your City Attorney was present; at the conclusion of that meeting it was my under- standing that there were no problems and no justification for further holding up of this project. Last Tuesday night I heard the City Man- ager's report. I heard the City Attorney say he knew of no legal prob- lems. I know of none. I frankly feel that the authority of the Cou~n- cil to stop all action out there in the first place was highly ques- tionable. The ~eeords d~monstrate that my e!ients have done everything the City has requi~ed of them. I see no justification for exposing them to further delay~ expense and hardship, when alt ! hear are expressions of doubts, and uneertainly~ and I have heard no concrete things as to v~hy this would not go ahead. I feel it is time for the City to act or tell us what you consider to be wrong. If we disagree then go on to court, i am most disappointed after all the discussions to hear you table this under I don't know what, ~nd I do think the City cannot be hurt by going ahead. It is a preliminary plat~ you talk about sewerage~ your City Engineer has stated that it is at the City's request that these people have gone to septic tanks. They use no water in their eess~ and their buildin~ witlhave four bathrooms. I do not know what more you can expect. If I thought we could have more conierenees, I do not know what further to be said. I believe that Mr. DeLong said that certificates of occupancy will not be issued until every i is dotted and every t is erossed. To just stop us cold because Mr. Simon will no~ answer questions (and I don't blame him, I wouldn't either) I think is unfair. Tell us what you thinkwe should do, but let us go fo~ward~ Mr. DeLong - I gave this a lot of study and thought. I have a little experienee in this field. I can see nothing that has not been followed to the letter of the law. Mrs. Jackson - How much mo~e is the~e to do on Florida Pneumatie? Answer - About 1/Drd more. Mrs. Jackson - We are not voting on Florida Pneumatic~ we a~e voting on whole plat. MiNU~ES REGUk~ CITY COUNCIL MEETING MARCH 20:1975 Request of North Boynton Industrial Park, cont'd. Mr. Hollingsworth - I think we are getting things involved in discussion of plat-that really shou!dn's be. Mr. DeLong - They definitely stated what they were going to do. They have not deviated° Mr. Hollingsworth - That's why I am disturbed, I think it has been played by the rules. Mr. Harmening - The preliminary plat shows access on High Ridge Road. I understand this was to be resolved. Mr. Holt4ngsworth - I wo~x~er if that is not more our concern that the City. We have a serious problem. Mr. DeLong - Maybe as the attorney for the Florida Pneumatic you can eiear this up. The right of way is a continuation southerly of High Ridge Road. Do you know who has accepted? Mr. Hollingsworth - No, I did not participate in those affairs. They are the problems in existence and my clients are trying desperately to get road access. Mr. Delong - Do you have any knowledge of this, Mr. Barrett - the rights of way north and south? Mr. Barrett - No, I have seen it on the map. I do not know i~ it has been accepted by the County. Mr. DeLong - You have 1/4 mile to get to 22nd. If County had accepted deeds to this they the County should get rights of way to 22nd Avenue. Mr. Hollingsworth - We have to get road access before we can operate. It is our problem, your problem is what does the City need to do to protect itself~ how can the City be hurt by our project? This was really not too much the concern. Maybe my clients don' t need a plat. It is my under- standing they are going to do their own development and apply for permits on their own. It is to everyonets advantage that the plat be approved. These concerns about sewer, this is a matter of future certificates of occupancy, 20 years from now. This may be single family residences, it may all be industrial, you deal with this certificate of occupancy day by day~ then make sure ~acilities are adequate. At this point I think people!who arein a position to know say that it is OK. We are really not concerned with zoning. The cement plant is a clearly permitted use under that o~inance. The only tiLing that could develop is anuisance and not a thing to worry about in advance~ entire project looks clean and above hoard. Mr. DeLong - The time is not to worry now, mt s in. -14- MINUTES REGULAR CITY COUNCIL MEETING ~&ARCH 20, 1975 Request of North Bo_y_n_t?n ?n~du__s_t?ia~_P~a?_k_, cont'd. Mr. Harmening - I fail to see how acceptance of plat will start any- thing. Mr. Hotlingsworth - I am speaking about stoporder on us, we should not disregard plat. I do not see what we are beio~ tabled for. What do you need to know to act on this? Mr. Wallace - I was not going to get into it, there should be no discus- sion~ I think it is a moot question at this stage regarding zoning. At the same time zorking has no bearing. I think if we look at the eh- time thing it can be planned so that it would not revert back to single family but giving to proper study also as to access roads~ we are going to work with the County. I have not seen any reply from the County about what they have done. It was voted by Council to work with the County~ and t feel we should stick with the motion to table. Mayor - Motion to table should be non-debatable. We table this item. All in favor AYE , opposed NO. Mr. Wallace - I do not thinkmotion to table needs vote. Mayor - Majority vote required. Vote Mr. D?Long - Instead of tabling I think this should be turned over to the City Attorney for reeon~nendation. Mr. Wallace - This was done two weeks aqo. I am assuming we are going to City M&nager for other answers. Mm. DeLong - According to bottom of Mr. Simon's letter it says every- thing is in order, but does not state there would be any recommendation to accept preliminary plat. I came to the conclusion it was in order. Mr. Simon - ! went over documents with Mr. Kohl, and found everything in order as far as ~nnexationwas in order. P~. DeLon§ - I would like to see it disposed of rather than tabled. request is that we turn over to the City Attorney to recommend to us insofar as to the legality. Mr. Simon - My recommendation would be that it be approved if they have met all requirements. It is not a legal question as to whether they have met alt requirements Mr. DeLong - The report is a well compiled document, everything being in order. My next question, is there anything of a !egalnature that would prohibit the adoption of the preliminary plat by this Council? -15- MIk~TES REGULAR CITY COUNCILMEET~G MARCH 20~ 1973 Request of North Boynton Industrial Park, eont'd. Mr. Simon - i know of nothing at this time. I have gone through the entire folder and find it in order. Mr. DeLong - That's why I qualify my vote No. I am satisfied now. I made detailed study~ and I amsatisfied everything is in order~ and know of no reason why we should not approve this pretintinaryplat. NEW B~SINESS Request for Water and Sewer - J. Clinton Scott Mr~ Kohl - This is a request from Scott~, Attorne~ for water and sewer service and possible annexation. You have a copy of letters from every department head° Mr. DeLong - Is this a question of water and sewers or question of annexation? Are you going to annex with zoning? I do not believe we should get involved. The prob!embefore the Council is do we want to service th~m with water~ are they not in incorporated area at this time? Mr. Wallace stated that Russell g Axon had advised as of 6/15 that there could be no other water connection from across the waterway into Sea- crest lines above those stated in previous report. Mr. DeLong - Did these people come in with an offer to take care of addi- tional sewer and water? Mr. Clark - R. $ A. did, in fact~ advise last year that no flow in ex- cess of certain number of units could go into the St. Andr~s system. They were not referring to water. Office buildings may have 1/2 dozen restrooms, approximately 18~000 square feet. In my opinion this will not contribute to significant flow. It might be wise to check with R. & A. They said 172 units was the tops. This was the basis for my opinion, this particular building being an office building. I do not anticipate any great flow. F~. Ha~nening - Any flow would he during hours which would not be peak hours. Mr. DeLong - I move that we forget about the annexation at the present time, and turn this particular item of water and sewer over to ~. & A. for study and recommendation back to this Council. Mayor Jackson - handed gavel to Vice Mayor - I will second. The reason i am seconding under discussion it says that the sewer and water should be served as p!ar~capacity will allow. Mr. DeLong - Motion has been made and seconded that we do not conside~ annexation at this time, but forward to R. & A. for study of water and sewage, and report back. -16- P~q~dTES REGULAR CITY COILNCIL MEETING F~/ICH 20~ 1975 C Request for Water and Sewe~ - J. Clinton Scott, cont'd. Mayor Jackson - We are having a meeting 9rith R. & A. a week from today ~ud they will have answer ready for us by that time. Mr. Harmening - Flow is negligent. Mayor - I war~c to be very careful to take care of people inside of City 1/mits before we go outside. Mr. Harmening - Cormnerciai building provideS a reasonable tax base. Pku. Wallace - My question - annexation and zoning at the same time? The referral to R~ g A. w/ll clear up water ~ud sewer. Are you saying we are going to annex it? M~. DeLong.- It will b~ing additional revenue. Mr. Wallace - I am questioning the fact of zoning and annex/ng at the same time. Mr. DeLong - We are eliminating annexingo I must depend on R. & B. :s feasibility report on this subject - it is not my field. Fmyor - Any further discussion? Motion carried 5 to 2. Consider Selection of Ar~/~itect for the New Library The above item has been deleted from the Agenda. A DP~INISTRATIVE Proposal for Development of School Facilities Mr. F~ederiek - At this point did everybody get the copy, and do you have any question. This is just a contract, intention would be to bring back to you a site plan of the total area approved ?~y the school offi- cials with budget est/mates. Mr. Wallace - In looking to the first proposal, amounts of money origin- ally budgeted - do you have an estimate of total cost? Mm. Frederick - Probably over $50,000, thatts the 8 pro~eets that were indicated. Mr. DeLong - How much have you appropriated in your budget this year? Mr. Frederick - $6,000 appropriated, and if contract is approved we will come back and ask for more. Mr. DeLong - How many budget years to complete the project? -17- MiN~TES RE6~iLAR CITY COUNCIL MEETING MARCH 20, 1975 Proposal for Development of School Facilities, co~ntTd. Mr. Frederick - 5 to 10 years Mr. DeLorz3 - These are your reco~nendations - wil!appropriate so m~ch in budget each year. M~. Wallace moved that we execute the contraet for development of sehool faeilities. Seconded by Mr. DeLong. Motion carried 5-0. Alterations of Median Strips on.U.S. ~i Mr. DeLong inquired if Mr. Hopkins was familiar with this. Mr. Clark replied that these alterations to median strips will be nec- essary at Hampshire ~ardens and iSterting Village so as to eliminate U-turns when headed south on US 1. This construction would pmovide some storage in the cutout so they can get into their entrance without going further south and makin~ a U-turn. Mrs. Jackson asked why this is Rot bein9 paid for by DOT? Mr. Clark said he thought DOT had made some recommendations before US 1 was probably built before some Of t/%is planningwas completed, and that in any event these cutouts were not provided, and DOT has been requested to assume these costs, and they have always refused. Mr. DeLong asked if this was budgeted. Mr. Clark replied that $8,000 was budgeted to take care of Sterling Village, and that money was available for a drainage project which was not needed~ so there was $40,000 set up for drainage and having a rail- road c~ossing budgeted at S. E. 2nd Avenue. Mrs. Jackson ~emarked there have been many near accidents, more near than real. Mr. Roberts remarked there was a possibility the City may be able to do it. Mr. DeLong moved that the City Manager be instructed to put these two projects out for bid~ seconded bY Mr. Harmening. Carried 5-0. Mr. Wallace asked if a letter could be sent to DOT in an effort to eliminate the problem so it would not be necessary to make ~-turns: ask for stop lights at this particular area. and Mrs. Jackson z~lied that a resolution had already been sent. Mr. DeLong stated it would certainly be an improvement. Mr. Harmening observed that at such time as a light is installed at ~Srd Avenue it should create enough break that anyone in stacking lane could make a left turn. -18- MINUTES REGULAR CITY COUNCIL MEETING MARCH 20, 1975 Alterations of Me~ian Strips on U. S. ~1~ cont'd. Motion carried 5-0. Request of Seaworth Shire, Inc., Issuance of Building Permit I~. Kohl wished to make recommendation regazding 4 page letter and stated it was up to Council to read letter. Mr. Harmen/ng remarked it wasfirst t/me he had seen letter, he moved to table this request, seconded by Mm. DeLong. Mr. Quinn stated it was alrightto table - this letter was late - and re- quested that 5 copies of letter be fumrrished for Council and Attorney, and that this should be on the Agenda next meeting. Mrs. Jackson stated it would be. Request of Joseph Novotny - Issuance of Bdilding Pez~nit Mr. Kohl stated the Building Official brought this to the attention of Council, and it is up to Council either to reject or accept. Mr. Delong asked if this was one of those, did they go through the Site Planning?. It would appear you cannot grant for one and not another. In other words, how far did they go - thru what category? Mr. Barrett stated that Mr. Novotny has been through all the process that they were required at the time, the Technical Review Board with Mr. Largent on change~, etc. At the time this was presented it was not necessary to have site plans° He has worked with the City Engineer in getting sewer and water eonnections~ Hotel and Restaurant Commission approval was granted. It takes several months for the engineer and architect to design and put out a final plan to be submitted to the Buildin9 Dept. for approval. Mr. ~llace asked how much acreage was involved, and the reply was 5.1 acres - 160 units~ 52 units per acre. Mr. Wal/ace asked if it was previously questioned if the full grant design had been received and the reply was that the water and sewer plans were submitted and have been revised. Mr. Wallace then inquired if this had not been comped with prior to the moratorium. Mr. Clark stated 7 or 8 months ago it was discussed what would be quired. Reqarding the actual changes, there was an alternative loca- t-ion for sewer~ the sewer could go thru Snug Harbor into a lift station which will require alterations. It was not exactly known what would happen on this but the engineer had been in touch with the manufacturer and it was estimated in the amount of $5,000~ and it was believed some- tieing could be done to the lift station that would make it work. These -19- Mi~dTES RE~dLAR CITY COU/qCIL MEETING MARCH 20: 1973 Request of Joseph Novotny - contld. things have not been finalized but they are willing to post bond for their estimated cost. Mr. Harmening stated he was not interested in technical problems, but more interested in the specific time: and would agree when completion and time agreement was reached in regard to the substantial facts in this matter. Mm. Clark replied that the so-called review was 7 or 8 months ago. Mr. DeLong stated his original question was, has this particular devel- opment met with all the requirements that were met by the other people that we 9~anted building permits to after the moratorium was declared? Have they gone through the same procedure, and are they entitled to budding permits, or are there reasons why they could not be 9~anted permits? Mr. Clark replied he was only concerned with utilities. Mr. Barrett stated that some of the other projects did not require hookup to sewer, utilities, things of this sort. In Mr. Novotny~s case the lift station had to be designed. That takes several months for these things to be accomplished, and they have been t~ying to comply with our requirements, but this has not been done to date. Mr. DeLong asked how many more other instances are there? Mr. Barrett - Moonlight Bay recently discovered. Mr. DeLongasked if these requests, after they have been acted upon, were they bottled up in any department? He remarked that Mrs. Jackson has been discovering some of these have been tied up. Mr. Roberts inquired when the moratorium was put into effect in this City, if it was in January, and remarked here it is March 20th, that is quite a delay. Mrs. Jackson stated they have been in Mr. Largent~s office. Mr. Harmening remarked if the developer was on his toes~ he should have followed through to find out the status. Mrs. Jackson asked Mr. Novotny if he had come in and asked about these. Mr. Barrett - It was the time when he started the other project, said he was purchasing land and inquired about zoning, density and water, etc., and then came inwith preliminary plan. He then went before the Teeh- r~ealReview Board whichmade reeon~nendations. -20- MINUTES REGULAR CITY COUNCIL MEETING F~RCH 20~ 1973 Requ. est of Joseph Novotny, cont'd. Mr. DeLong made the point that the man made the rounds, and then went into the Planner and that the City Council is responsible for action of the employee. M~. Barrett stated that he thought M~. Novotny would be mor~ familiar with the fact abo~t delays occurring within that department. Mr. DeLong asked M~. Barrett if he felt he was entitled to a permit?. Mr. Barrett remarked that if he spent as much money and had a vested interest, and worked with the City like M~. Novotny~ then he would feel he was entitled to a permit. Mr. Wallace made a 'motion to deny the permit to Mr. Novotnyo Mr. Harmening seconded the motion. M~. Hollingsworth stated he wished to suggest that the Council consult their own attorney i~ they did not wish to hear further on this from him. Mr. Wallace stated that there was another developer being mentioned; that the only difference was that because of the business transaction simply changed names. That i~ you grant one - what are you going to do with the other? The reason he made motion to deny was you people voted the moratorium and then came back every meeting and granted an exception. M~. Wallace stated that he would withdraw his motion if they would with- draw moratorium on the ~uilding. M~. DeLong made motion to withdraw the moratorium. M~. Wallace withdrew his motion. ~. Harmening stated he withdrew his second. Mr. DeLong moved that at this time the moratorium be lifted on the 7th day of April. Mr. Wallace then stated that they were playing back to the same point~ were they g~anting this man the privilege of building or not? Mr. DeLong stated that he didn't oonsider they were granting this man a building permit on the lifting of the moratoriam~ but what he was eoncarned abeut in 9n~anting this man a permit is if he is being treated the same as everybody else~ that if these people here who earn e in and said the four previous people had met with all previous compliances that if it is proven now these people are in the same category to lift the moratorium before the 7th of April at that time we will have all our r~ports. -21- ~INUTES REGULAR CITY COUNCIL MEETING FLARCH 20 ~ 1973 Request of Joseph Novotny~ con.t'd. Mr. Wallace asked if he v~ould make that motion that there will be no ceptions of moratorium until the moratorium is lifted. 5~. DeLong answered No~ that he believed in fair play that if these other people were 9~anted building permits because they were approved and i~ these now meet all requirements as the others did, this would unfair. Mrs. Jackson asked what were the other two. Mr. Barrett replied that he had four originally, one which was not granted befause he built a building prior to the moratorium, and one I wanted clarification on since I had issued slab permits. These are the only two really considered, the others you turned down. M~. Harmening stated that as far as double standards, when the moratorium was placed the only thing that was to be considered were plans that were actually in the Building Inspector's office and had not been processed. When an exception was granted this was a two stage project where they pour foundation~ then come back and acquire another permit to build pre- fabricated houses. These people have a vested interest in a permit. I cannot see any way to deny them. I cannot see any way to make excep- tions unless these people can prove that through no fault of their own they were in the process and have a very well established vested inter- est. Thus far, none have shown this to my satisfaction. Mr. DeLong - Fray I say that first~ as a maker of the motion, the motion was to declare a moratorium on all construction excluding single fami- lies~ duplexes: and plats that have been approved (in the typing of the minutes it said plots instead of plats. ) Now the plots were these other developers who were granted the building permit because they had eom- plied and gone through the circuit. One plot plan was for the bank. The motion as I made it did not include plot. I still say I am not granting building permit for anyone unless it is a plot plan. We are not tDyi~g to eliminate - have these people complied the same as the four that were granted? I,'h~. Barrett - It is my contention that they have gone through all the steps before the moratorium was levied. Mr. DeLong moved to lift the moratorium on April 7th. Mr. Wallace seconded the motion Motion carried 5-0. Mr. Wallace made the motion to deny the Novotny request for building permit at this time. Seconded by M~. DeLong. Motion carried 5-0. -22- MI~NHTES REGULAR CITY COUNCIL MEETING MARCH 20~ 1973 Approval of Assistant City Clerk Mrs. Padgett requested Mrs. Betty Tompkins be appointed Assistant City Clerk to serve as Assistant Court Clerk. Motion made by Mr. Wallace to approve request. Seconded by Mm. RobertS. Carried 5-0. Buildinq Moratorium Mr. DeLor~ moved to reconsider the motion on the moratorium. Mr. Harmening seconded the motion. Motion carried 5-0. Mr. DeLong moved that the moratorium on building be lifted on the 26th of April. Mr. Waliaee seconded the motion. Motion carried 5-0. Approval of Bills Mr. Kohl stated that everything was in order and recommended payment. Wallace & Tiernan Motorola, Inc. Neptune Meters Belvedere Construction Co. Russell & Axon Conslt~. Eng. 4,150.00 6,715.00 6~568.80 7~O34.22 15 ~480.97 Mr. Wallace moved that the bills be approved as read. Mr. Roberts seconded the motion. Motion carried 5-0. OTHER Mrs. JacP~on stated she would like to brin~ a message from the Community Appearance Board that they unanimously recommended to fill the vacancy of the Alternate by appointing George M. P~Uitt~ Jr., 100 SW 15th Ct. ~ telephone 732-0685. It was moved and seconded that George M. P~uitt~ Jr. be appointed as an Alternate to the Community Appearance Board. Motion carried 5-0. ADJOLLRNMENT Mr. Roberts made motion to adjourn. Mr. Ha=mening seconded the motion. Motion carried. CITY OF BOYNTON BEACH ~ FLORIDA MINUTES REG~ILAR CITY COUNCIL MEETING MARCH 20~ 1973 ~ce~ ~ayo~ COUncilman ATTEST: City Cl~ -24 ~ e be ad' w~ mX ~rt for the purposa of de~ermi~Hng ~he legality of such