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Minutes 01-09-73MIAWdTES OF SPE~!AL CItY COUNCIL ~ETING HELD AT CITY HALL, BOYNTON BEACH, F~_ORIDA, JAkrdARy 9, 1973 AT 7:50 P. M. PRESENT: Emily M. Jackson, Mayor Joe DeLong, ~Viee Mayor Forrest wallace, .Councilman Edward F. Ha~me_~ Councilman David Robei~cs, Cou~itman Mrs. Tereesa Padgett, Ci'~y Clerk E~nest G. Simon, City Attorney Mayor Jackson a~lled the meeting to o~der at 7:51 P. M. She then sta~ed .that the City H~]I keys have been changed~ and asked if Cohtn¢il Would tike ~d decide who should have a key. Councilleft~ it' up to' i~$. Padgett as long as alt Department Heads have keys to thei~ ~peelfie ~reas a~d if there is any question she can ask CoUncil. Discuss Ahnexation. Pboeedur~ ~Jps. Jacks°n Stated that i~ has bee~ the p~ocedure in the past to annex and zone at the s~me time. She asked Mr. Simon for his opinion on this. Mr. $imoh stated that~this had t?ken him by surprise. .He war~.s to dis- cuss i~ With M~. Ho!ilnqswo~th first, because of a pendin~ suit. ~ny- thiP~ he wOUld diSCuss at this time would be premature. Mr. Wallace asked if anyone has a copy of the law that was said supem- sedes our Charter. Mrs. JaCkson stated that she has a copy of it. Mr. Wallace then suggested that a copy be given to each Council member to review, then maybe reccm~nendations can be made. As fa~ as the Char- ~er States 25 people, even though he disagrees with it, we should stick to is at that paDticular time. If it is going to create a legal proble~a then we should review it thoroughly, and also tuz11 it over to the Charter Revision Commission. Mr. Roberts felt the problem at hand was the fact that we have annexed and zoned at the same time. Mr. Simon stated that he would look into it. Request of Charles N. Boos and Ronald Linkous This was postponed until later when Mr. Boos or Mr. Linkous arrives. Discuss Sewe~ Extension Mr. Clark stated that this is the 200' extension with a couple of man- holes to serve a proposed apaz~Jnent building. This is H. ~. D. eligible -1- MINUTES SPECIAL MEETING OF CITY COUNCIL JAEWi~Ry 9~ 1975 Discuss Sewer. Extension: contTC. sewers~ and it is included in the project. In talking with Ted Sanders he says there is no problem, no other part of the project wilt be jeopardized. It would just be deducted f~om the H. U. D. eligible. M~. Clark further stated that out of the $50,000 set aside by the last Council around$5, 000 was ~lloeated for this area. If we go ahead and do that we are not ~ opaz~lz~g the federal money~ ex, eDt the loss of percentage on the $5,000. Mr. Wallace asked if that small parcel is tied into other units and would we be losing more than that partieu]~ amotmt of money9 Mr. Clark s!aswered that it would be the maximum amount we would lose. He ~ec~nded that the contract be awarded. Mr. W~llace pointed out that the letter states that no negotiation should be done until the agx~ement is signed~ Can the City personnel do the work on this pa~tfeular piece of property? Mr. Hopkins stated that he doubts that the City forces could do it. Some assistance would be necessary. Mr. Wallace then asked if the City could do it withsut going out on hid? Mr. Hopkins answered that it could he done on cost plus basis. Mr~ Ha~men~ stated that it looks like the building will not be ready for occupancy for 5 or 6 weeks. Mr. Wallace moved with the proviso that it does not in any way effect the Federal Grant that the City do whatever is necessary to implement this, inasmuch as it was promised to this gentleman by previous Council action, seconded by Mr. DeLong~ Discussion followed. F~. DeLong requested that the Attorney make sur~ we are on safe ~round. Vernon Thompson was most anxious to have N. E. let St. paved. Mc~ion ca~ied 5-0~ Repoz~c from City Attorney on Parcel South of Old Boynton Road between HoadleyRoad and Velaire Drive Mr. Simon stated that assumin~ the $20,000 was ag~eed to be a sufficient amount he rec~,.aended that the bond be posted andreducedto writing and executed by all parties concerned. MINUTES SPECIAL CITY COLLNCIL MEETING JASKLgEY 9~ 1973 Report ~from City Attorney, cont'd. All members of Council questioned the arno[mt of bond. Fir. Clark ~tated that he d09s not.know where the developer qot the ~mount~'it-~s just an a~bi%~ary flgureo The lift station and sewers would cost $50~000. The d~v~etoper agreed to pay for building a station~ and the sewers if ~e~stop our sewer p~am. The reauirement has not been determine~, be~<~aUse it is ine33aded in ou~ pro~e~, which may 6r ma~y ~ot get eompleted~ doesn'~ a different ments of ~he to get clouded as we go along. It to do-business. He suggested wherein we specify the ~equire- Mr. WaliaC~.~gg_ested t~at the Permit be declared null and void, then came back with th~ P~oc~edin~ Mr. s~imon ~ta~ed ~tha~ th.e Council would be o~ weak grounds~ since the Permit' ha~ a~ea~Y ~en~issuedo He feels that the best course wou3.d be to ha9e a me~ih~ wl~h ~he developer. Mr. DeLong m~ed that ~s ~ turned over to the City Attorney to ar- range a mactag of ±~t~s~ ~arties~ seconded by Mr. Harmening. Mr. Wallace a~ked if this in~lRdes the people who signed the petition? Mr. D~Long stated .that a meeting wi%h the petitioners can take place af- te~ the legal matters are ~leabed up. Motion carried 3-2. Mrs. Jackson end Mr. Wallace voted ~no~. Mr. Wallace Stated that he feels that all the petitions that were thrown out by the previous Council should be considered. James B. Wilson, Jr., 47 Isle Court, asked what the position is as it now stands. Mr. We]]~ee stated that as just voted by the Council, the developer and City Attorney, City Engineer and City Planne~willmeet and t~e a look at the situation and try to work out an ag-~eement. Then they will in- form the Council, and if it does not set ~rith the Council further ae- tionwill be taken. A stop orde~ is on the Permit until the problem is settled. Maynard Wertz stated that'the petition made several requests. One is that the City look ir~co the matter as to whethe~ the Permit was legally issued. No servers existedand no certificate of occupancy can be issued. This is going to have to service eonsiderableundeveloped a~ea. What effect would this have on the H. ~. D. funds? Before doing anything these points should be ala~ified first. -5- MINUTES SPECIAL CITY COUNCIL MEETING JANLLARY 97 1975 Report from City Attorney, cont~d. Mr. Roberts moved that the petition that has been presented and pertin- ent points be turnad over to the City Attorney to check out the legality, seconded by Mm. Wallace. Motion carried 5-0. James B. Wilson, Jr. stated that he has further evidence to turn over to the Attorney. Mr, Simon stated that he would be glad to receive it. piscuss Garbage Rates Mr~ Wallace moved that the increase in garbage and trash rates (the only ~ate ohan~e mentioned was the ~esidential rate - $2.50 to $2.00) be repealed as of the 1st of January, seconded by Mr. DeLong. Motion car- tied 5-0. This would have to be amended by Olxlinance. Discuss Plans for Use of City Owned Property on U. S. ~t M~s. Jackson stated that she went through the deed rest~iction~ and there i s a reverter clause, that the propez~y has to be used for municipal, pu~- poses. She had a sign put up~ '~Future Park o£ Boynton Beach~. She sug- gested that benches be placed ~n the property until we decide what to do with it. Mr. Mamening asked i~ the sign and benches would override the reverter claus e. Mr, Simon stated that the Council would have to act within a reasonable length of time as-to what they want to do with it. Mr. Wallace moved to utilize this p~operty for municipal purposes, and to turn this over to the Paz~s and Recreation Board ~or proper plans and beautification. MotionsecondedbyMr. Roberts. Mr. Frederick stated that a sprinkler system would have to be put in before any plants or sod. He would like to have time to put to~ether a package to see h~ much it would cost. Motion carried 5-0. Consider Municipal Court Position Mrs. Jackson stated that at the County Municipal League meeting~ it was pointed out that several cities are of the opinio~ that the County couz~ would be quite jammed if we all turn Over the cou/Wcs at the same time. She suggested sending a signed affidavit that we would like to ~etaJ~u the municipal court systam, they would be just as glad to have us keep it for awhile. MI~ETES SPECIAL CITY COHNCILMEET/NG J~NU~RY 9~ 1975 ConsiderMunicipalCoumt Positions cont'd. Mr. Roberts moved to retain the court system untf.1 som. e future date and the City Attorney draw up the necessary forms. Motion seconded by Mr. Harmening. Motion carried 5-0. Con~tder Appointment of Public Defender Mr. Roberts suggested that Robert Reed be reappointed as Public Defender. Mr. Simon suggested that the Ordinance be amended to provide for an Assistant Prosecutor. Mr. Roberts moved to appoint Robert ~eed as Public Defenders seconded by~r. DeLong. Motion carried 5-0. Mr. Roberts moved to amend the Ordinance to provide for an Assistant Pmosecutor~ seconded by Mr. Harmening. Motion carried 5-0. Agenda FOrmat and Procedure Mrs. Jackson stated that we are going to limit Public Audience to 5 min- utes~ and if anybody wants to do any further talking, they can do it at the end of the meeting under Other Business. Mr. Roberts does not think it is necessary for everybody to get up and introduce themselves at the beginning of the meetings. Discuss Bids A. Tractor with Mower (On the Table) Mr. Wallace moved to remove the item from the table, seconded by Mr. Harmening. Motion carried 5-0. Richard Carden stated that he has reviewed the bid, ~nd has found it eeptable. Mr. DeLongmoved that the bid be awarded to Engineering Machines, based on the recommendation of the Tabulating Committee, seconded by Mr. Roberts. Motion carried 5-0. B. Packer Mr. Carden stated that 4 bids were received and the Tabulating Committee accepted the low bid, which was the only piece of equipment that met all specifications. He was never advised that the previous City Manager in- structed Mr. Sullivan to rebid the item. The Easy-Pack Ford chassis ~as the only item that met specifications. Mr. DeLong moved to award the bid to the low bidder, based on the recom- mendation of the Tabulating Committee~ seconded by F~. Roberts. -5- MI~dTES SPECIAL CITY COUNCIL MEETLNG JANU3LRY 9~ 1973 Bids - Packer~ contd. Mr. Su!livanstated that $26,000 is available, the bid is $29,916, so additional funds are neeessary. Mr. A~tz stated that funds would have to come from ~uappropriated su~ptus. MT, DeLong added to his motion that funds be tz~sferred from unappro- pmiated surplus. Amendment accepted by Mr. Roberts~ who had seconded the motion. Motion carried 5-0. Report on ~inor Suit Mr. Simon stated that final judgment has been entered on the Milnor case. Judge H~witt ~as ordered that the matter be ~emanded to this City Council, for review to rezone that portion of propez4~y ~ich was subject to this lawsuit. The principal element was the recent annexa- tion of.ch~te~ World, which change .affects Golfview Ha~bo~r subdivi- sion. He~eferred to the final por~on of the Order on Page 5. s ated.that in essenoe.the Court fee that the son- !~ Class~r~ca~c~on rot s~ngle family res~dences is not a ~easonable dsc fort hat land unde~ the circumstances. Under Florida law the Court? cannot zone property, only remand it back to the Council for rezoning. ¥~. Wallace, asked what if the Council takes action on the rezoning of subject pa~el~ s~d it does not suit what the develope~ is asking then what are the remifications? M~. Simon answered that the Court has reserved jurisdiction over the matter so i~ you rezone it and the developer is not satisfied with that rezoning, he can take it back before the same judge for review. Mr. DeLong asked Mr. Simon if he advises a meetingwith the developer. M~. Simon enumerated three choices at this juncture - 1. The City Council can meet and try to decide on a less ~estric- tire zoning in its own judgment which would be less than single family~ of course with the idea that the City Council has ex- ercise within reason. If the developer is not happy with the decision he ean take it back to Cireuit Cou~t. 2. Fi!e.a.pet~tion for rehearing at-this point: and ask for greater clarmfzeatmon from the Court or tb~ask~the Court to reconsider its deeision~ for that matter. Appeal to the Fourth District Cou~t of Appeals. -6- M]~dTES SPECIAL MEETING OF CITY COUNCIL JANUARY 9~ 197D Report on Milnor Suit, cont'd. M~ Wallace suggested filing petition for rehea~ing at this time, and ask for clarification from the Coun~c. Mr. Simon stated that he would like to meet with Mr. Daves, and talk further, but he recommanded that Council decide tonight whether you want to file for a rehea~ing if a decision is not ~eaehed. Mr~ DeLong moved that this be turned over to the City Attorney to file a petition of rehea~ing if an agreement is not reached that is satisfac- tory to the Council, seconded by Mr. Roberts. Wallace asked if it would not be weakening the ease? Mr. Simon stated that it does not weaken the case as fa~ as the Court is concerned: we a~e always t~lking settlement or compromise. Motion carried 5-0. Discuss Organizational Chart M~ DeLon9 stated that there is a lot of room for improvement: but we have got to be guided by our Charter. Mr. DeLong moved to abide by the City Chamter as set up: seconded by Mr. Harmaning. Mr. Wallace suggested that this be discussed further at a workshop meet- ing, as a lot of people are involved in this. Mrs. Padgett stated that this was done by Ordinance, and would have to be undone by Ordinance. Mr. DeLong added to his motionthatthe Ordinance be repealed~ and an- other O~dinance drawn up. Mr. Simon was asked to have the Ordinance ready for the Tuesday meeting. Motion csmried 5-0. Secretary Pool M~s. Jackson stated that several people have said they need more secre- tarial service. She suggested the idea of a secretary pool where they can be put out as needed. Mm. WalJaee asked if the secretaries are in a specific classification? Mrs. Padgett stated that there is Secretary I~ Secretary II and Sacra- taryto the City Manager. -7- MINUTES SPECIAL CiTY COU~NCIL MEETING JA~dARY 9, 1975 Sec~2eta~y Pooi~ eont?d. Mm. DeLong asked how the classification is set up. Mr. Sul l ivan stated that it is adopted by the Pay Plan each year by resolution. It would mean taking them out of different classifications and put them in one General classification. Further discussion followed. It was re~erred baok to a workshop meeting for discussion. Receipt of Applications for City Manager Firs. Jackson asked that Council keep in touch with Mrs. Padgett as appli- cations come ino We might want to interview ones that are close by. Establish Date for next Workshop Meeting Council agreed to have the next Workshop Meeting on Monday~ J~unuary i5~ !975~ at 7:50 P. M. Mm. Wallace moved to adjourn~ seconded by I4r. DeLong. Meeting adjourned at 9:10 P. M. CITY OF BOYNTON BEACH, FLORIDA ~ce- For~est L. Walla ~ -8-