Minutes 02-27-73'MINUTES OF SPECIAL MEETING OP CITY COUNCIL OF THE C~TY OF BOYNTON
BEACH, PLORIDA, HELD AT CItY HALL, THE$DAY, FEBRUARY 27, 1975
Emily M. Jackson, Mayor
Joe DeLong: Vice Mayor
David~ Roberts: Councilman
Bdward F. Harmening, Councilman
Forrest L. Wallace, Counei/man
Harold Hopkins~ Acting City Managem
Mrs. Tereesa Padgett~ City Clerk
Attorney Malcolm Anderson~ Associate
of Ernest G. Simon
Mayor Jackson called the <Special Meeting to ordem at 7: 57 P. M.
Dwight Wardlaw, residing at. 4201 $. ConpTess Ave~, P. O. Box 41¢~ Boyn-
ton Beach~ Di~ecto~ of Engineering, Palmland Development Corp. mead the
following:
Mm~. ~ceadSm Mayor: .Th. is is t~ sez~e notice on you that in the future in all
rs .perta.i~. ~m~.g to Cha~ter. World and/Om Palmland Development Corp.
that we be notified 24 hOUms in advance of said discussion.
M~. WAllace asked that the minutes of January 50 and February- 6 z~mmain
on the table, s/nee he had asked for a transcript on certain portions
of them.
Resolution 7~-0
Mr. Andemson re~d Resolution 75-0 appoint/r~ Fmank Kohl as City Manager
at an annuat salary of $17~000 plus $100.00 pe~ month car allowance.
Mr. DeLong moved fo~ the adoption of Resolution 75-0. Mot/on seconded
by Mr. Roberts~ and carried 5-0.
Mayor Jackson introduced Mm. Kohl~ and he was given a round o~ applause.
Proposed Resolutio~ re F.I.N.D. Parcel
Mr. Roberts moved that this item be tabled until the next meeting. Motion
seconded byMr. Wallace and cal~ied 5-0.
Proposed Resolution me Abandonment (Kilpatrick & Engelm~n request)
Mr. DeLong moved to table for fumther clarification of the easement.
Motion seconded by Mr. Wallace, ami ca~ried 5-0.
No. 75-11 - Amending Ord. ~75-7
Mm. Anderson read Ord/nance No. 75-11 in its entirety.
Fo~d' Harmening moved to adopt Ord. ~7~-11 On first reading. Motion sec-
ed byMr. DeLongand camried 5-0.
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M/N/IT ES
SPECIAL CITY COUNCIL
FEBRUARY 27, 1973
~i~. Anderson reported that M~. Small, County Attorney, _h~.d suggested
that th? two of th?~. get together and discuss the High Ridge Road situa-
tion prio~ to adopting a ResolutiOn.
He also advised Council that they would discuss the auditorium idea with
M~. Small when they meet.
DzScuss Lihz~y Site (On the table)
Mr. DeLong moved to take this item off the tab~e. Motion seconded by
Mr. Wallace and carried 5-0.
May. o.r Jackson read a letter fr~n Mr. Simon in which he expressed his
O~pinzon that th.e l~hrary site must necessarily be limited to properties
owned by the City at the time of the referendum.
oinC. e the Council .had requested a recommendation from the Planning S
or~n~ g BOaZ~_ on thls subject, M~.. Vastine, Vice Chairman, Planning &
nlng Board, reported to Council that this Board had not reached a
definite decision, and returned same to Council for their decision.
Mr. Joe Keliy~ stated he attended the Planning & Zoning Board meeting
t~e prior Monday evening and heard them make a motion end same was duly
voted 4-1, to recommaend the High%way p~operty as a library site.
Mr. Kostner, member of the Planning S ':Zoning Board, verified the vote.
Mr. Vastine stated ~I stand corrected'T, and apologized for the mistunder-
standing. There was no recording made of the meeting and no minutes
available.
in favor of building
Mrs. Florence Oates, 2430 S. Federal Hway~ spoke at length/on Seaerest
and opposed the Highway site.
~dell H. ester could see no objection to placing the library on H~ S. ~1
objected to interfering 9rith the ~ecreation area, and felt this
would be spending taxpayers* money unwisely.
W~d Sturges inqui?d if the library staff's opinion had been considered
add suggested possibly adding on to existing l~b~az~ building.
I~s. Virginia Farace: Librarian, stated that she did not deem it feas-
ible to add on again.
Rev. John P. White, 206 N. E. t2th Avenue, suggested considering the
site north of the present library. He objected to moving the handball
court.
Mms. Peggy Hanshumaker~ 2848 S. E. 1st Ct., a resident of Boynton for
2~ years, asked tha~ the recreation area be left as it is - more area
for active recreation is needed - not less.
Mr. Louis E. Plomgren, 120 S. E. 2nd Ave., said he felt there was evi-
dence.of poor planning in the overall recreation area. He ~uggested re-
16eatxng the basketball court between tennis court and the Scout hut.
· MINU~ES
SP~ CITY COUNCIL MEETLNG
FEBRUARY 27~ 1975
Library Site, cont'd.
Mrs. Victoria Castello, 406 S. Seacrest: objected to moving the hand-
ball court, and su~uested a compromise.
Mr. Wallace m~ved to accept the recommendation of the Planning & Zoning
Board, and place the library on the Federal Highway. Motion died for
lack of a second.
Mr. Roberts stated he had reviewed both possible sites~ and pointed out
.t.~a~$, traff~ hazard, poo~ surroundings and the business area kept
ni~. rrc~ considering the PLighway location for a ']'~brar. y site. He
pointed out facts favoring the Seac~est site.
Mr. Roberts moved to relocate the handball courts~ and the library be
placed south of existing library building.
Mr. DeLong seconded the motion, land expressed his feeling that the bet-
ter choice of the two sites available for the l~brary is the one on
Seacrest. He further asked ~that the City M~mlager be instructed to
~get moving~ on the recreation area in the southwest section.
Mr. Harmening expressed his opinion that the estimated cost of moving
the handball courts was too hi~h, a~d felt it could be done for much
less.
Ma~yor Jacks?.n spoke in favor of the Seacrest site~ and pointed out that
due to traffic and the ~ailroad crossing she felt that the Federal Hi,h-
way site was too dangerous for children using the tib~ary.
Mr. Wallace stated he could not a~ee with all that had been said this
evening. He u~ed that money be allocated and Council get into a
planned recreation program. He again requested that a library consul-
tant be called in for rec~endation on the site. He felt Council
should take the time for a real hard look at this problem before they
make a final decision.
Motion carried 4-1, t0:relodate~the~h~ndbatl coumts and place the li-
brary south of the existing site. Mr. Wallace voted ~no~.
~r. D~eLon~g moved to instruct the City Manager to conduct the necessary
earc~ o~ the property to ~k~ke certain there are no clouds or deed
trlctlons. Motion seconded by Mr. Harmer~ing and ca~ried 4-1. Mr.
Wallace voted ~no~.
Mr. Ezell Hester questioned why the Council ignored the recommendation
of~ the Plannin~ & Zoning Board in regard to the ]~brary site. He also
questioned the logic of the Council in hiring Mr. Kohl for City Manager
and refez~ed to recent newspaper a~ticles on the subject.
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SPECIAL CITY COUNCIL MEETING
FEBR~L~RY 27~ 1975
Discuss Availability of Property in Vicinity ~f Wilson Cent~
to and stat?d that
~enaa~ uo~p, ~ offe~ these i~s to ~e City at.a ~edueed p~ce.
~. Doing m~es to ~ve Lots 52! ~d 522~ ~em~ Hii~ appraised.
Motion second~ by Mm. Ha~e~n~: and ~i~ 5-0.
MS. Wallace moved to ,the sketch in the ap-
pre/sal -n~n.ely Le~s , and Lots 519
520, Cherry Hills. Motion ~ and carried 5-0.
q.ohn ~t? questioned the park a~ea that had been p~oposed earlier /n
the vlcin/~ of 8a~a Simms Cemetery.
Discuss Or.her City-Owned Property
M~.:, DeL~g mo~.ed To refer, this matter to the City Manager to come up
wl~n a p%~.~ ~(~ ar~ comprehensive plan fo~ all availabl e~_~t~on
and to ine~ude the ~. acre t~aet ~ the southwest seotion. Motion see-
onded by ~M~. Harmer~ng~ and carried 5-0.
Mayor Jackson ~.efBrred to the property on th S. ~! and suggested that
the fron~ pOrt. on~ of this parcel be beautified, and used for a park -
and the ba~k section could b.e used for the dog kennels, in accordance
with the ~equest of the Po]ice Depaz~ment.
Jack Barrett was ~equested to get the drawings of the dog kennels back
to Council as soon as possible.
Mr. Wardl ~a~,~ C~..az~cer World and/or Pa/roland, submitted a drawing of a
20. 5017 a<~e state, west of Con.g~ess to which the City has the deed, and
requested ~is site be recognized.
Mr. DeLong asked that this be referred to the Attorney fo~ legal advice.
Report fromCommunity' Appearance Board
Mr. Wallace moved to table. Seconded by Mm. DeLong, and earried 5-0.
Review P~oposed R/W - N. E. 10th Ave.
Tom Clark stated that the City had recommended that most of the right of
way be. obta/ned on the nor4uh side~ since most of the substandard eon-
struct~on was on the no~th side. In the meantime, the County has sent
several alignments contrary to this original recommendation. He re-
viewed the current proposal f~om the County in which they take an addi-
tion~! /5' on the north side~ and atso on the south side which presemves
most of the new constz~ction. This would allow for 48~ roadway between
curbs. He stated this proposed alinement could create zoning and park-
ing problems, but felt we could~live with them. County does intend to
get appraisa~ and this could change the picture. Mm. Clark ree~nended
that we g.o along.w/th the County's recommended ~]~gnment, and see what
the appraisals being forth.
'MINUTES
SPECIAL CITY COUNCIL MEETING
FEBRUARY 27~ 1975
R~eM%e~ Proposed R/W - N. E. 10th Ave.~ conrad.
Mr. DeLong wanted assurance that the people to be ~elocated would have
available places to live.
Mr. Wallace moved to authorize Mr. Clark to advise the County that we
would go alon. g to this particulem point as far as appraisals are con-
c.e~ned~ and if. there.a~e any future guesstions tb~ ~ --=----~ ~ --
5_~.utes of this meeting. Motion seconded by Mr. DeLong~ and ca~r~ed
C_o. nside~ Request of Recreation Director
M~. Wa]lace moved to allo~ Mr. Frederick to attend the National Confer-
ence in accordance with his written ~equest: at no cost to the City.
Motionseconded by Mr. ~and' earrmed' 5-0.
~epo~t on N. E. 7th St. Assessment
Mr. Roberts moved to table this ~tem until the next meeting. Motion
seconded by Mr. DeLong~ and ca~ried 5-0.
Report on Area Planning Boated
M~. Hopkins repgrtedthat he and Mr. Clark had attended-the Area Plan-
ning Board meeting in regard to the InterimWater Quality Management
Plan. It was proposed that Boynton and Delray Beach would be one treat-
ment facility with the plant to be located south of Boynton Beach.
They did ask that the C~ty Council be allowed to meet with the Area
Planning Board sometime in the future to get a more detailed explana-
tion as to what the proposal is all about. This meeting was to f~llow
a meeting of the technical forces of both bodies.
Mm. Harmening questioned if the financial aspects of this matter had
been studied.
Mr. Hopkins stated that they are aware of them, and further indicated
that this particular plan will not be adopted until June of this year.
Discuss Building Moratorium
Mr. DeLong moved to lif~ the moratorium on commercial uses, excluding
multi-family (tr~-plex upward) uses. Motion seconded by Mr. Ma~mening
and carried 5-0.
Mr. Roberts inquired of Mr. Largent as to the timetable of zoning ordin-
ance and map. Mr. La,gent thought by early next week he would have
both of these ready for p~esentation.
Consider Request for Transfer of
Mr. Hopkins asked that $5,000 be t~ansferred from unappropriated surplus
to Parks Dept. - Acct. 4200-530, if the aquatic weed eratication program
MINL~ES
SPECIAL CITY CObhNCIL MEETING
FEBRUARY 27: 1975
was to continue. He further requested that $4, 500 he transferred from
unappropriated surplus to Sanitation 'Dept. Acct. 2400-274 to cover
unexpected major repairs to the b~t~dozer and garbage packers. Mr.
DeLong moved to approve the requested transfers of funds. Motion sec-
onded by Mr. Wallace~ and carried 5-0.
Consider Request for Approval of Plat - North Boynton Industrial Park
r. Wallace moved that this item b - =
~.~ ........ e deleted from the Agend~ until th=
ul~y a~.oz~e~ y_an_~ ~ne uounty Attorney hold a fact-finding session and we
are aevmseG of the legal aspsats of the subject. Motion Seconded by Mm.
DeLong.
A~ttorney George Bailey, member of the law firm of Jones, Payne & Foster~
asked to be heard before the vote was taken. It was declined.
Motion carried 5-0.
i~fr. Bailey, representing Jim. Taylor~ Dave Taylor, s~nd Rae McLaughlin:
owners of North Boynton Industrial Park and Florida Pneumatic Mfg. Co.,
reviewed the ~acts in their request for annexation. His clients re-
quested annexation last May~ and it was pointed out at that time it was
an industrial site. It was processed by the various departments of the
City. He further stated tha% when the trucks were removing fill from
the area and the t~ucks weme using High Ridge Road which is the only
means of ingress and egress to this prope~ty~ the residents of the area
had gone to the County for relief. At that time his clients voluntarily
agreed to cooperate and restricted the traffic on High Ridge Road as
f OllS~s -
!. No trucks travel except between 8 A.M.
2. No trucks travel on the weekend
5. Limit truck size to 14 cubic yards
Reduced speed to 15 ~H
and 5 P.M.
Everyone involved a~ees that the only solution is to build a road to
the south. His clients are willing to eooperate and pay the ~lion's~
share of the cost of such a road~ with hopefully some assistance from
the City and the County.
He stated that he was shocked at the stop order bein~ issued and believed
it to be 9~ossly Unfair. He urged Council to keep t~e commitments al-
ready made to his clients. He asked that the excavation pez~nit be issued
an~ the stop order be l~gted, and work allowed to be re~med on the
bu~_dingunder consrruetiono
Mr. DeLong stated that he would have to w&it for an opinion from the
Attorney.
Mr. Roberts asked if the proposed plat b~d be~n presented to Council.
Mr. Largent advised that the Planning & Zoninq Board 9~anted preliminary
approval February 15~ 1975. He further stated that as far as he and the
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~INUTES
SPECIAL CITY COU~NCIL MEET/~NG
FEBRUARY 27~ 1973
/Conside~ Request fOr Approval of Plat-No~th Boynton Industrial Park:contd.
City Engineer a~e concerned this plat is ready for final approval. This
is the first time the plat has come before Council.
Jackson asked the Planner if Lehigh Cement operation could be con-
sidered light industry.
Mr. Lar~ent stated it was on the borderline, as being light or hea~.
Mr. DeLon9 asked if this cement plant was a permissive use under M-1
zoning. Mr. Largent said =Not specifically: no sir. It does not negate
the use of it either. ~
M~. Wallace again recommended that all discussion on the matter cease
and it be ~eferred to the Attorney.
Discuss Job Descriptions
Resolution not ready on this. To be considered at the next m~eeting.
MD. Harmening moved to appoint John G. Flynn: Sr. as Finance Director at
Pay Grade 55-1~ and the City Attorney ~raw up the necessary resolution.
Motion seconded by Mr. DeLong and carried 5-0. Mr. Sullivan was asked
to contact him accordingly.
J~ck Barrett asked for guidance on the fotlowing~ who had filed for per-
mits prior to the moratorium -
1. Preidtsch - S. E. 2tst Ave.
2. Seaworthshire 7.6 acres Development with a density of 17.8
per acre (132 units) S. E. 22nd and Seacrest
5. Perry Industries - 6.29 acre parcel with a density of 14.7
units per acme (Wolfe tract)
All had been started some 5 to 8 months ago~ and have been through all
the necessa~ steps.
~Lv. DeLong moved that these permits be granted. Motion seconded.
.~Harmening stated~that if these permits were issued we would be opeu-
the door for high density°
M~ Barrett was questioned heavily on these particular.p~ojects. He
s~ ~ed that Perry had been issued foundation permits.
~h Wallace withdrew his second: a~ter asking if other plans ?;ere on
f~ ~ in the Building Dept. at the same time.
M~.. Barrett explained subject plans had been~eviewedby the site plan
oup~ and had to have some changes and come back throuuh.
SPECIAL CItY COLLNCIL ~ETING
FEBRUARY 27~ 1975
OTHER~ cent ' d.
M~. DeLong moved to g~ant a pez~nit to Pe~y Industries. Motion seconded
by M~. Havening and e~r.i~ 5-0.
Mr. Barrett said he could not be sure if the Seawo~thshire mequest came
in the day before or the day after the moratorium.
Mr. Ha~meD~9 recommended they ecme back when the moratorium is lifted.
Mr. Louis Preidstoh stated that his plot plan was filed around July of
last year. One building has been completed.
Mr. DeLong as~=d if this p~ojeet was the same as Village ROyale?
Mr. Bar~ett stated it was: and Mr. Hopkins verified that his plans had
been reviewed months ago.
Mr. DeLong moved to g~ant Mr. Preidstch building permit. Motion see-
d a
on ed by M~. Wallace and ea~ried 5-0.
Mr. A1 Silverman asked Council for a per, it to allow occupancy of a
T~ailer for 50 days in Golf View Ha~bour~ where he has had vandalism on
his Construction jobs.
It was refez~ed to the City Manager to handle administratively.
Meeting adjourned at 10:05 P. M.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Emily M. ~aokson~ayor
Vi e Mayo "
~Edwa~d~~~~F/. Ha~zng, Co~
For~est L. W~ace~
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