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Minutes 03-04-75
MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOTNTON BEIGE, FLORIDA, ~ AT CITY HALL, TUESDAY, MARCH 4, 1975. David Roberts, Mayor 'C JoO' DeLong, Vm e Mayor Edward F. Harmening, Cou~eilmam N~rman F. Strmad, Oouncilmam E~ily M. JaCkson, Councilwoman Frank Kohl, City Manager Ernest Simon, City Attorney Tereesa Padgett, City Clerk OPENINGS Mayor Roberts called the meeting to order at ?:30 P.M. He asked all to rise fsr the invocation given by City Manager, Frame Kohl, followed by the Pledge cf Allegiamoe to the Flag led by Cou~cilmam Strmad. N~vor Roberts noted this was "Old-Timers" might as many of the City's past Mayors were te be honored. A~Bouncements Mayor Roberts reported ena discussion he had with a representative of Charter World comcerming the progress of the development with assuramce that it would be an asset to the community. The Mayor noted that the City has a Warranty Deed on Congress AvenUe for 20 acres and there are no restrictions om it, except that it is te be used for municipal use. Past Ma.yer's Night Mayer Roberts presemted plaques tea group of the City's past ~aye~s~ datimglbaek to l~$1 i~ recognition of their efforts and service. A list of those honored is attached hereto. Presentatic~of Original Stars & Stripes Official N~wspaper~ . pEesented Former Mayer Willard Pipes/a book of Origimal Stars & Stripes Offieiat Newspapers of the American Expeditio~y Forces to ~cr Roberts. Th~ book eontaimed material printed after World War I am~ was te be donate~ to the City's Library with the prevision that it never Zeaves unless a Committee is appointed to take it ~o a Veterans Hospital. ~r Roberts them presented the book te the Chairman of the ~-C~ten~i,.~. Co~mmit~ee, James O'Mear~, who accepted by saying me wmshe~.t~ s~ery comld be placed in the file cf the Library for the Bi-Centenni~ of Bcyntem Beach. He hoped that all the ex-Mayors would dedicate the beck with a proper inscription in the Library to the former Mayors ef Boy,ton Beach to whom is owed a great deal cf gratitude. -1- MiNUTES - REGULAR CITY COUNCIL ~EETING MARCH 4, 1975 BOYNTGN BEACH, FLORIDA H~, O'Meara them imtrcduced the Bi-Centennial Committee's Ce- Vice Chairma~ am~ Oha~lady, ~ Ed Per~y ~d Miss Ka%~~ Ha~ffhn, whe ~ f~ wi~h the Be~t~ Beth Bi-Oe~e~L~ F~g ~ h ~ p~eh~ed wi~h f~s ~e~ by Ba~ Offie~, ~, L~e Wer~h, ~. Per~ in~uce~ ~l ~he members ef ~e Bi- 0en~e~ C,~i~ee whe were present ~ t~en ~esente~ the Flag the Ci~. Mayer Reberts noted that e~ue former Mayer, Frs~k ~eCoy, was met able te came te ~e illmess. He invited mll the fermer Mayors to stay · ef the meeting. The all these whe wished te sDeak about ite~ em their mamas te Nfs, Pa~gett se they could be time. MINUTES Regular Cit~ Ce~zueil Neeti.ng - February !8, 1975 Mr. HarmeRing referred te page 9, paragraph 3, line ? -- cerrect- i.ng it to rea4 ". ,o all the ~ trees,~have already received the first i~ee~tatiom," ~ ~~r He the~ cerrecte~ the spelling e elian,s name em page l~, paragraph 2, line 2, Mrs. Jacksom cerreeted the first semtenee ef the last paragraph en page 9 te read "Mrs. Jackson meve~ that amyeme workimg with the Oharter, including Council er City employees, etc. bring tc the attentien of the City Attorney amy items which are eutdated or revised ~y the State or Federal govermmen~, Dy placing same i~ mailbex se he ceuld de the necessary research," Mayer Roberts it te rea~ ". referred te page 6, paragraph 2, line 10, .. land for imdustrial use." cerrecting Mrs. Jacksem moved te accept the Minutes~f February 18, 1975 as ¢~rrected, seconded by ~Ir. Strna~. No diseussiem, Meticn carried 5-0. Special City Cou~i~ Meet.i~ - February 25, 19~ Mrs, Jackson corrected the first page te include "Absent - Vice Mayer DeLomg" an~ page 16, first paragraph, to include "secended ~y ~. Strma~" after the motion.' Mr. S~rmad asked for clarificatiem ef a~emtemee.,mearthehe~tem ef page 14, "... At such time as the regional plant is nearing capacity and the emlargement is being contemplated by varieus developers in the area." Mr. HarmenLng said it meant that at such time as the regional pla~t is mearing its capacity and if there are any developers in the area whe are needing sewerage, that they will apply pressure to the Cemn~y to aid us in acquiring that piece ef greu~d, and that was ~he intent ef what he said. '~ · NINUTES - RE~jULAR CITY GOUNCIZ ~EETING NARCH 4, 1975 BOYNTON BEACH, FLORIDA Nr. Strnad ~hen referred to page 6, last paragraph, third sent,nee and corrected the word "change" to "exchange". Also, en page 12 near the ~ep under "~ayer Roberts" -- Nr. Strna~ corrected the word "tee" te "reek" after the sentence, "~I don't thimk that's an issue right now. We took Mr. Str~ad moved te adopt the Minutes cf February 25, 1975 as corrected, seconded by Nr. Harmening. No discussion. Notion carried $-0 with Nr. DeLeng abstainimg as he was not present at that meeting. PDBLIC AUDIENCE Mr. Rud¥ Blank, ?92 S~W. 25th Place came forward with a prepared statement Concerning the traffic problem in his neighborhood at S,W. 6th Street which he rea~. He clarified that it was not only the home,whets on S,W. 6th Street who were complaining of t~e situation, but residents em the surrounding streets as well who were affected an~ man~v homeowners were present tonight te oemfirmtha~ this is a commumity problem. Nayer Roberts suggested the~e be a Public Hearing on this matter so that ethers may be hear~=egarding this ma~ter as he felt some people were not in favor cf Mr. Blank's proposal. He wished te know all sides before Oouncil took any action. Discussi~n emsue~ wherein the City Attorney clarified that the only action which Gouncil eomld take would be by resolution or by r~uest which wemld be based upon the input received from the expressiens ef the~publie, The DOT would decide~l upon any changes te be made im the highway. There was ne problem from a legal sense in hel~ing a public hearing on the subject. ~. DeLong referred to a meeting that was held several days ago about t~is matter smd he asked Nr. Blank if he had anything new to present since the~. ~. B~k said there has been progress made and in lime with what was said at the earlier meeting, m~v people were present tonight from his community in support of Nr. Blank's proposal amd the steps that have been taken. B~ completed the reading of his s~atement and said that a copy would be furnished te ~he City. It was stated there would be no action on this tonight and Nr. Bl~k noted that time was very sho~t as work was beimg done. Mr. DeLeng moved to instruct the Git? Nanager to contact the DOT with a request to hel~ up en the project in ~uestien ~util such time that this ~ounoil can come to an agreement, as he agreed with the Nayor's recommendation to.!i~el~ a Public Hearing. Nr. K~hl said he felt such a request would be honored. Mrs. Jackson seconded the motion for purposes of discussion. She asked if the advertisin~ of the public hesming o~uld be done by newspaper reports as peOPle dO not read the legal notices in the newspaper. Nr. Simo~ sai~ it would be adv&~ised as any special meeting and Council could add any other methods as desired to pass the word. ~. DeLeng requested a roll call vote. -3- NIN~TES - REGULAR GITY COUNCIL ~..T±~ NARGH ~, 1975 BOYNTON BEACH, FLORIDA A gentlemsm in the audience asked F~. Blar~ if he was advocating the epe~i~g ef ~th Street er ~Streetand if people understood wh~t he was propes~.~g, they might net be against it. Nr. Blank said he was advocating directing the traffic when it comes over from using it as a by,pass to Seacrest Boulevard which they are new doit, Nrs. Jackson a date as seen as the vote was take~ on the ~z~, se the people present wo~ld kuew when the hearing was te be heid. ~rs. Pa~ett e~duo~ed a roll call vote as follows: Vies Naycr DeLe~g - Yes CouneilmaaHarmening - Aye Councilwoman Jackson - Aye 0euncilman Str~a~ - Aye Nayer R~berts - Aye ~etien carried 5-0. Nfs. Jackson suggesters?setting a date for the public hear'.u~g as seen as possible. Nayor Roberts said it would appear ~n the ~ewspaper and felt the meeting should move along as tenight's agenda was long. ~ir. Blank had a list of names ef the residents supporting his proposal which he gave to the City Clerk. I~r. HsmryEeFert, 215~N.E. 1st Way, neted that Nayor Roberts received the highest number ef votes in the 1973 re-election, making him Vice I~ayor in lg?% and Nayor i~1975. He then asked Nr. Simon if he feun~ reference in the Charter whereby any pWolic official in the City inherits the title of Chairman. Nr. Simon sai~ he had ~e recollection of seeing such a term. RECESS Nayer Roberts ealle~ a brief recess at 8:2~SP.N. to allow the residents ef Er. Blank's community te leave. The meeting was called te order at 8:27 P.N. BIDS One (!) ~ir en~z~zener Senior Citize..~s Buil~in~ Nr. Kohl said Oo~¢il approved the re~uest for authorization to prepare specifications am4 ge out for bid on the abeve item at the Regular Nesting of January 21, 1975. Bids en the above were epene~ en February 2~, 1975 at 3:3~ P;N. in the ~ff~ce of the Purchasing Agent. The Tabulation Committee recommends acceptance of bid fmem A~va~uee Air Cenditionimg & Heating, Inc. ef Beynton Beach in the amouzat of $6,7~0.00. The'bid from Palm Airs, low bidder, does not meet specifications. Before Council were the Tabulation Sheet an~ Affidavit sig~ed by,ir. Geral~ R. Sta!ey, President ef Advance Air Conditioning Hemtim~, Inc. ~w. Kohl ~aid he ha~ checked all other requirements everything is Ln order. NI~UTES - RE~UId~ CITY COUNCIL NEETING NARCH 4, 1975 BOYNTON BEACH, FLORIDA Mr. Kohl requested a transfer ef funds in the amount of $6,??0.00 from A¢cemnt Ne. 812-31 (Buildi~ N~imtenanee - Repairs) ~e Ac~ Ne. 87~9G (Air Oe~i~ien~ - Senior Citize~ Bundle) inas~eh as ~is ~ a capital ~pr~emen~ to t~ Ke~ cemc~re~ witk the reee~endatie~ ef t~e Tab~a~ie~ Cem- ~ttee. He s~d ~he Oi~ sends out wi~h its specifications righ~ ~e accept er reject ~ er ~l bids, etc. in the best in~erests ef the Ci~. ~. F~memi~ meve~ to accept the City Nanager.'s reeemmemdaticn ~ ] Jnder ~iscussion, ~r asEe~ i~ ~he air e0~em~ ~ the f~s~ fleer ef Ci~ ~1 ~ it ~ cl~ifie~ t~ ~hey ~i~ met i~ i~ but come ~ te roper it ~ it wm~ ~ ~ld ~stem~ Ne~ien e~ried ~0. ~. Ke~ e~l~e~te~ A~ee A~ · ~eir quick s~vice. Sale .cf Va~ie~s ~iec.es of .Use.d Equip~n~t Nr. Eohl said bi~s for the above were opened cA February 24, 1975 at 3:00 P.~ in the office of the City's Purchasi~ Agent. The Tab~laticm 0ow~it~ee recommends acceptamee of bids as follows J~s E~s on: item Nos. l, 2, 5, ll, 12 & 16 585.00 Arl Neeker: Item Nos. 9, 10, 13, 1~, 15, 18 & 19 126.00 Kirk Materials: item No. 8 75.00 Keatts Trucking: I~em No. 17 51.00 TOTAL OF A~ BIDS: ~r. Kohl eoncurre~ with the recommendations of C,mmittee. the T~buiatien ~ DeLo~ moved to accept the City~N~n~er's recommendations above a~d said he was smrprised the City ~i~n't have to pay that much tc move the material aw~y. ~. Harmeni~g seconded. Ne discussion, Notien carried 5-0. ~c (2). New Harley Davids~eD ~otoreyci.es for Police Depar.t~_en~. ~r. KoAi said ~ b_~s on the above were opene~ o~ Febru~ 25, 1975 at ll:30 ~.E. ~ the office of the P~ch~ing ~t. The Tab,a- tion Co~i~tee reco~ends acceptance of the low bid from H~ley- D~vidson of Key West, Inc. for ~he total ~o~ of $$,590.00. Co~eilm~bers ha~ before ~hem a copy of the Tabul~io~ Sheet and Affidavit sign~ ~ ~. Nichael Her~e, Vice ~esident ef H~ley- ~avidson ef Key West, Inc. ~.~K~ s~afd~he ~ ~ other re~eme~ts ~d eve~mno is im er~er F~ds for the above 5- NINUTES - REGULAR CITY COUNCIL ~EETING NAREH ~, 1975 BOYNT©N BEADH, FLORIDA pur~m~hase are available ia the Poiiee Department Acceuut No. 860-98. Nr. Kohl concmrred with the recommendations ef the Tabulation Committee. Nr~, S~rnad n~ted a difference of $310.00 in the bid price a~d he ouestiened.mm3~i~g.a purchase fr~m a ~is~buter ~ Key Wes~ whmch~ ~uite a ~mst~ce. ~, K~hl said ~l w~ties ~e gun,teed im ~ ~ealersh~p im the Count. ~, ~me~ing note~ t~at the ~ealer in Key West gun,teed 20 ~ deliv~ ~ainst 90-1~0 ~ delivery for the ether ~e~ler Lu West Pa~ ~. DeLeng mcve~ te accept the ~ity ~er's recommendation above, seconded by Er. Strnad. Ne discussion. Nstien carried 6" ~r~atiem We!l. , %~nten Bea~emer~%.. P~k Rudolf Roth, President of A.E.C,~,A., Inc., 200~ l~th Avenue North, Lake Worth came forward to speak im justification of the di£ferenee in e~st between hi~ bid amd the low bid. After some diScusSio~ and clarification Dy the City Engineer, ~. Clark, Kohl read his rec~mmendatien as follows: Bid~ on the ~beve were opened on February 2~, 1975 at ~:00 P.N. in the office ef our PurchasimE Agent. The Tabulation Committee would recommend awarding the low bid to Naxon Brothers, I~¢. of Lake Worth in the amount cf $8,339.00, however, this firm camuot provide the required 100% perferm~a~ce ben~, Nr. Naxom has provided a letter st~ing they would net make auy draw~ en the project until tbs work was completed az~l accepted by the City E~Lueer. Or we Can reosmmend the second bidder, &.E.C.0.A., Inc. ef bake Worth i~ the am~t ef $~,380.00, as all requirements have been met. The City Ce~c~l h~s the ootion tc waive irregularities in the bid amd can therefore awar~ the bid as they see fit. Mr. Kohl refez~red t~ the City's instructions to bidders, Item Ne. 14, copy ef which was before Council. Also before Co-~oil was a copy of the Tabulation Sheet and Affidavits sig~ed l%r Nr. Paul Naxon, President of Naxen Brothers, Inc. a~d by ~r; Rudolf Reth, President ef A.E.C.0;A., Inc. Nr. ~hl has checked all ether requirements and everythin~ is J~ order. Funds for this project are av~ilable in Cemetery Improvements Account No. 050-830. Nr. Kshl noted that the Tabulation Committee recommends awarding the bid to low bidder, Naxon Brothers, Inc. in the amount ef $8,339.00° M~. HarmeninE moved ts accept the City Nanager's recommendation above and award thebid to Naxo~ Brothers, Inc. in the amomnt cf $8,339~0~, seconded by Nr~. Jackson. It was clarified that the City has the fullest pr~ction, even though the i~ performance bend hasn't been provided in view of no draws being made until eempleticn a~dNr.~ Kohl agreed that ~axg~'s ~was satisfactory. mINUTES - Pd~GUL~ CITY COUNCIL N~ETING NARCH 4, 1975 BOYNT~N BEACH, FLORIDA Nr. Harmeni~g asked if the permit from the Flood Control District has been applied for am he didn't wa~t to repeat bad experiences in the past, a~d Hr, Kohl said everything was in order. Notion carried 5-0, PUBLIC ~ING No~le ~ Ordimameg~ - 2md Readi~ - PUBLIC HEARING No, ?5-6 - Re: Extending Nunicipal Territorial by A~me~a%ie$- Herbert'.A.~omA~s~eiates . ~ ~r. Smmen read the above OrSmnance em second readzng by caption ~nly. Nayor ReDerts aske~ if anyone in the amdiemee wished to speak im favor o£ or against this ~r~i~anee. No reply. r. DgLon~ meve~ f~r ~he a~opt~e~ of Or4ina~ce No. 75-6 on seeon~ ~f.~t read~mg. ~s. Jackson seconded, Ne ~mscuss~n. Nfs. Pa~get~ called the roll as ~ellows.' Vice ~ayer DeLomg - Aye ~euncilmam Earmeming - Aye 0 eu~cilwoma~ Jackson Aye Gouncilm~ Strnad - Aye Nayer Roberts - Aye Notion carried 5-0. Propesed 0r4inm~ce No. ?5-? - Re: Amending Chapter Six of Ordinances Repealing Section ~-~. Thereof Mr. Simom read the above Ordinance cn second reading by caption only. Nayor Roberts asked if a~yone wished to speak in favor of against this Ordinance. Ne reply. l~. Harmening morea for the adoption ef Ordinance No. 75-7 on second and final rea~ing. Nr. DeLeng seconded. No discussion. ~v~rs. Padgett called the rOll as fellows: Vice Mayor DeLong - Aye Councilman H~_~meming - Aye Councilwo~Jaekson - Aye CouneilmamStrnad - Aye ~ayor Roberts - Aye Notion carried 5-8, Proposed Ordinance No. ?5-8 - Re: Approvim~ Replat of parcels F__& C, Lot ~, Block 84 & Lo~ 16, Block 92~.lOth Section - Leisureville ~r. Sime~ read the above Ordinance on second reading by caption N!NU~2 - RE~tY~',A~ CITY COUNCIL ~ETING ~IARCH ~, 1975 BOYNTON BEACH, FLORIDA only. Mayer Roberts asked if amyene wished te speak in favor ef cr~gair~t this 0rdina~ce. Ne reply. Nr. H~rmeni~g moved for the adoption ef 0r~inamce No. 75-8 en seee~ s~d final reading, seconded by Nr. DeLeng, ~s. Pa~ett called the re!l as follows: Vice Mayor DeLeng - Aye Councilmen Earmenimg - Aye CeunCi!woma~ Jackson - Aye Ceumei!m~n Strnad - Aye Ce~ncilma~ Roberts - Aye Notion carried 5-0. Grdi~ances .~ tstReadim~ 0rdinamce No. 75-9 - Re: Amending Sectisn 17-23 - Peel Halls Pr as te Mr. Simon road the above Ordinance on first reading in its entirety. Nr, DeLe~g moved for the adoption of proposed Ordinance No. 75-9 cn first reading, seconded by Nr. Strmad. Ne discussion. Nfs. Padgett called the roll as fellows: Vice N~yor DeLcng - Aye Ce~cilm~u Harmening - Aye 0euncilwcman Jackson - Aye CeuneilmamStrn~_~ - Aye Councilman Reberts - Aye Notion carried 5-0. Proposed Ordinance No. 75-10 - Re: ~ending Ordimance Pertaining te ~5 Ft. Height Limitations on Buildings to Exclude Steeples for Heuse~ o.f Worship Nr. DeLomg c!ari~ied th~? this 0rdin?nce was being ~mended te exclude $.~e~le~.~/~ ~.~im~aseerta~in~d~that Nr. Kohl had distributed the revised copies ef the 0rdimanee and that Nr, Barrett had no objections to the 0rdi~ance as written. ~r. Simon then read 0rdLuance N~. 75-10 on first reading in its entirety.. Nfs. Jackson questioned whether the word "smokestacks" should be emmtte~ and discussion ensued en this point. ~4r. DeLeng felt if they were to be permitted, it should be spelled out for what p~trpose, such as hospitalm~, u~less the City Attorney felt otherwise. He felt that no industry should be permitted to have smokestacks and an~~ indust~- that would use them would net be suit~ole for the City. ~. Barrett said the Department ef Pollution Control hasn't ruled out incinerators and it's hard te get controls onthem. Nr. Barrett said "vent stack" sheul~ be included in the ordinance. Certain buildings are required by the Department ef P~llut~n~ Control to have vents at a certaim height a~d masked with a scent to disguise unpleasant odors. He noted that chimneys were also included in this Ordinance. -8- N~TES - REGULAR Ot~ COUNCIL ~TING NARCH $, 1975 BOYNTON BEACH, FLORIDA There was considerable discussion about the use of smokestacks a~d ¢~m~eys and vents aRd ~. Barrett said with the new Zoning Cede, he felt there would be good control, It was noted ~hat the hospital is the emly building i~ the Ci~- ~ith a smoksstack, Council felt that the words "smskestack" _~m4 "chimuey" should beth be omitted from this 8r~i~a~ce. Mr, Strnad asked if it was Geuncil's intent to permit a ~5 feet buil~ a~ then allow a cooling tower e2 ~$er tower on top ef ~e $5 feet, He ~ ~e~ sp~ of the towns ~t the Ci~ ~, B~r~t said ne, there ~s ~ five feet a~ce ~ the l~gu~e ~ the ~e~dme~ ~ c~e ef that, These ~e exceptions relating ~e ~e p~tie~ ite~ ~ntieme~ -- ae~ a c~eli~ tower c~Eeys bu~ a wa~ ~ower. It ~s ~ain c~ifie~ t~t" ' " ~smek~2~~ were to be deleted. Mr, DeLeng moved for the adoption of ~rdi~ance Ne, 75-10 en first rsadi~g o~ly with the elimi~tio~ in Section 31-10el, S~o-Daragraph "b", of ~chim~eys a~d smokestacks", ~Lrs. Jackson seconded. No discussion. ~&rs, Padgett called the roll as follows: Vice Nayor DeLeng - Aye Oo~cilman Hsrmening - Aye Councilwoman Jackson Aye C oun¢ilms~ Strma~ - Aye ~?~V or Roberts Aye Notion carried 5-0. Mr. Van Deusen thanked Co~acil for the action taken eA behalf ef Proposed Ordinance Ne. 75-11 - Re: Am~in~See~ 56 e£ A~ie~e ~IV O~en to t~e Public Nr, Simon read the portion ef the Ordinance being eliminated as a result of this amendment wherein regular a~d special meetings could be held which were not open to the public. Nr. Simon then read 0r~inance No, ?~S-11 in its entirety. Nfs. Jackson moved for the adoption of 0rd~u~aee ?5-11 on first r~ading, seconded by ~h~, Hazmen~ng. No discussion. ~s. Padgett called the roll as follows: Vice Nayor DeLong - Aye Councilman Harmeni~ - Aye Councilwoman Jackson - Aye O ouncilm~u S ~rna~ - Aye M~ycr Roberts - Aye Notion carried R,9,s,91u~io~s Propose~ Resolution No, ?5-K - Re: Authoriming Exeoutie~ of an Easement te Allow Somthern Bell to i~stall Equipment -- 9 -- '' ' NI~dTES - REGU-~ CITY COUNCIL }.~ETING NARCH ~, 1975 BOYNTON BEACH, FLORIDA Me. Simon read Resolution Ne. ?5-K in its entirety. The Hayer clarified with Mr. Kohl that everything was checked cut and in order. Mrs. Jackson moved for the adoption ef Reselutisn ?5-K, seconded by Mr. Strnad. No discussion, Nfs, Padgett called the rell as fellows: Vice ~aycr DeLeng - Aye Councilman Harmening - Aye Ceu~cilwem~ Jackson - Aye Councilman Strnad - Aye ~yer Roberts - Aye Notion carried 5-~. Proposed Resolution Nc. ?5-L - Re: Amending Resoluticm ?~-A te Amt~erime Rem~meratien for ~iaison 0ff~ce~ .... Mr. Simon sai~ this Reselmtien vms amended after a first ~raft a~d he read Resolution Ne. ?5-L in its entirety. Nr. DeLeng moved for the adoption of Resolution No. ?5-L, seconded Nr. Harmening. Under discussion, ~. DeLe~ ne~ed i~. St~tz~ m~t leave the Ci~ to go te ~ he felt t~t he she~ receive ~ allew~ee for costs are, in addition to the weekly sum ef $25~9e. After some dmse~smen ~eg~mng Co,cml ~ ~esmr~ t~t ~. S~zman be severed for aH h~s expemses, ~. S~on ~he wer~i~ Resolution she,d be ebbed te rea~ "... expe~es ef ~avel ~ mea~, etc...." Fas. Padgett felle~: Vice Nayer DeLeng Aye Co~cilman Harmening - Aye Councilwoman Jackson - Aye CcumcilmanStrnad Aye Nayer Roberts Aye Notion carried 5-0, P~rcp~sed Resolution No. 75-N - Re: ~ith Briny Breezes, Authorizing Water Supply Contract Nr. Simom read the above Resolution i~ its entirety. Nr. HarmeninE moved far the a~option of Resolution Ne. 75-~, seconded by ~Lrs. Jackson. Under discussion, Nr. Roberts asked i~ ~he ~greement was similar to the erie the City has had. Nr. Simon said yes and in typing this ResolutiOn, erie paraEraph m~t ~e ad~e~that is to refer te the Interim Water Agreement that was just concluded and it will Be the secc~ "Whereas" in the Resolution. The Nayer assumed the Council would a~m~t the corrected Resolmtien ~d sign it after it is re-tyDe~. The motion will be as corrected. Nrs. Padgett called the roll as fellew~: Vies ~yor DeLong Aye Ccuncilman Harmenim~ Aye Councilwoman Jackson Aye Councilman Strnad - Aye Nayor Roberts - Aye NII~J~S -REG~LAE CITY COUNCIL MEETING NARCH 4, 1975 BOYNTON BEACH, FLORIDA Notion carried 5-0. 0 ther Agreement for Nutual Recreational Use Between the City Be~te~ Beach and 0cea~ Ridge ..... ~rs. Jackson moved to dispemse with the regular order of business a~d move the above item dow~ on the Agenda umder "VII. OLD BUSINESS after Item B." Nr, DeLeng seconde~, l~etion carried OLD BUSINESS Review Nimutes cf February ~th & 18th - Re: Clarification on L__ife~ua~d .& First Ai~, Station - Councilwoma~ ~mily J~ackson ~irs. Jackse~ said she listened to the records of the above ~- Neeting~ am~ RIr. DeLeng did s~ rodents,~ites ~ d~-ret ~ she wish~ to apologize ~e ~. DeLo~. ~. D~ong accepted and said he ~w~s tells ~e ~uth. ~s. Jacks~ referred the ~inutes in which "~. DeLe~ ~ai~is item ~ been ~ the budget for f~ye~ r~" -- ~ ~s. Jac~om said she ~s l~eke~ ~h<~ l~t ~e~ ye~s' budgets ~d she fi~ ~%. ~, D~L~ sa~d he th~ht that i% ~s ~d said he h~ net seem it. ~. DeLong ~id he understee~ from the Eecreatiem D~eeter ~ f~r fe~ ye~ he at~p~'~ get it ia. ~s. Jac~en said it ~ never come before Ce~ucil. She said S ' ~he ~uil~ ~s built in 1967 (the Life~m~ tatmen) ~d she ~i~m't feel it was in sa¢h bad eonditiem. ~. DeLe~ said the b~il~¢ ~ decrepit ~d ~ami~y ~ the citizens should have someth~ be~er. I~ ~s noted that the s~ack b~ may ~ve bee~ bu~ later. ~s, Jackse~ agree~ that the b~il~ing need te be painted. DiScuss ~ripartite Agreement - TABLED Nfs. Jacks~m moved te take this item from the table, seconded by ~r. Harmening. Ne dm cussmon. ~otion carried 5-0. ~. Roberts nete~ that he had opposed the agreement as oresented b y the Ceun~t~ many tames and he repeat.ed that the City ~as 20. acres cf ~ ~~s~ A~which ~s large enoch f~r a c~c audit~ri~ ~ also a park. He also pointed out ~hat ~. Roll.s has laid ~eE a suggestio~ to have a capital improvement pl~ for p~ ~ recreation. He felt Council should act en this t~night. Nr. DeLo~g referred to newspaper reports concer~ing a statement made by the Nayor and he read from the Sun Sentinel of 3/3/75, qmo%i~g the ~yor as saying, "The Count~'s current offer would have the land revert to the County in 99 years after the Cit~y has spemt $50©,000 developing 35 aores as a recreation area ~. DeLong said this is misleading and the public should be apprised of what the situation is. He said this is an error and - ll MINUTES - REGHLAR CITY C0~-NCIL ~tEETING N~RCH 4, 1975 BOYNTON BEACH, FLORIDA he read a statement of clarificatisn sf the Tripartite Agreement regarding page 3, paragraph~" from the people respomsible for its ~rafting, dated March 3, 1975! and signed by t~e Assistant CeumtyAttcrmey, Lawrence J..~,~ as follows: ~ T "TO WHOM _T NAY CONCERN: The proposed Tripartite Agreem~ut i~volvi~gBoyntcn Beach, Gceau Ridg$ and Palm Beach County includes a cenveyamce efa 55 acre parcel from Palm Beach Cowry to Bsy~ten Beach. Althomgh this conveyance is con- ditiened upe~ the la~ being use~ for municipal, reereatie~z~l or park p~rpeses, it is clear from the A~reement that the lam~ is dee~ed out~ight te Boynton the designated period, the land womld be cwmed in fee simple, ~bsolute, by the Ci~y ef Boymtcn Beaeh." ~Lr. DeLong said he would like to have the mms!ea~m~g ir~Tormation that was release~ in the newspaper corrected. Mayor Roberts er a~y action taken w~theutany strings feetimg was ~ ~he Ci~ ~ght sell it. ~he ~tt~ ~ ~hat ~he t~e in the furze. ~. woul~ be for a se~er p~t. it ce~d be s~ppe~ the l~d ~s net ~sirable for some attache~besause the He said the cr~x of 2D acres at amy ef swapping .n~cessarily, md that the future. Mr. DeLcng said he didm't believe public property should be swapped if it was goimg tc be used for the use~f a ,department that is suppose~ te be self-sustaiming. He ee~zt~ seethe problem regard~u~, purahasing lamd if amd whem ever comes into being ~nd he felt it 5 years er so. He sai~ the City womldn't have mr~v preblem w~tseever insofar as pmrchasing lamd bee~mse he was aware~ in water and sewer reserve there are surpluses i~ves~ed to $1 million. Ee felt o~ce the meraterium was en the sewer pl~ut, there wo~ld be an ~lux ef ~ in the Ci~ which would bring income tc the Oity and w,uld always be in a position te p~rchase lar~. Ee be heard again after the Mayor psim~s cut why not be beneficial se he eould then poimt e~t the reasems wh~ the. City should net lose cut on this opportunity. L~r. Harmening s~id he wouldn't be in favor ef goimg out and spending $900,G00 or $t milliem to buy a piece of land for a public facility i~ the pl~ut could pessibly be built o~ a City- owned site er a smte that was ~enated to the City. Mr. DeLeng noted that the 20 acres in question w~ml~ not be suitable because it's~ ~o far away.from the parcel of lam~ where Delray has.their pl~t. He felt s~uce this was Supposed tc be a self~sustaining - 12 - N!NUTES - REGULAR CITY COUNCIL EEETIN~ ~Fu~qCE 4, 1975 BOYNTON BEACH~ FLORIDA department, bein~ sustained by the income from that department er revenue, then this is the department that should go out and purchase the la~d, If sufficient fumds are not available, then a reve~me certificate should be f!eatsd. ~r. Harmeni~g felt that most times when a revenue certificate is floated to finance expansion ef water an~ sewer works, the rates emd up being increased. DiscUSsion continued at length about the pros ~d cons of purchasing l?~.d,.fleating a Z~venue oe~tifioate and the cost ef laud im the v~cin~y ef the Detray plant, plant of l~d close to Del~ay ~as astronomical get into T~he 55 acres. u~dersta~di~g was that the 20 acres was land to ~ when the time came, for a sewer ef doing it a~y other way. t~ erect a that the City would have to The City also found out that the cost and this was how the City have the land and develop it. Th~ was why Mr, Roberts mentioned which could be used i~r a park and per~ a 1,500 ~auditerium. Getting back te the Tripartite, ~Yer Roberts see there was any advamtage to a~ Roberts could not where ~'~rs. Jackson sai~ she couldn't see where Ocean RidMe ha~ anythimg te ~o.wi.t.h i_t. ~ir. De.Long. said ~when the erigimal Resolution was se~ ~o tree ~ounty Cemmmssmon askz~g for the laud in 1966, there was no thought efa regional pta~t at t~t time. He felt that was evidence that the people of the ~ity did wa~t that oarcel of land for park purposes. He agreed ~ith the Mayor to the-extent that the 20 acres across the highway was smart but ne~ for a park or for the purposes that the 55 acres could be used,. He felt from ~xpermenee that.the Cmty should plan ahead. The 20 acres would he geed for a mi~i-munioipal csmplex to handle the extra people to ilose this valuable property. He felt he was a proEressmve 13- ~TE~ - REG~ CITY COUNCIL ~EETING MARCH ~, 1975 BOYNTON BEACH, FLORIDA conservative and cn the 20 acres that the City is reserving for municipal purpese~he felt that the people at the helm in days.come to pass would be, lax i.f they didn't set up in that ~artlcular area a branch e~' publmc service te handle the people in that area, This would be a savings ef money, time, etc. and he was therefore in favor of the transfer. Mr. DeLc~g then recalled with Mrs. Jaekson, Commissioner Young~en's desire in 1973 te swap the 75 ~~e~e~ north of the Ocea~ Ridge Town Hall and Mr. DeLeng felt if he was willing te ge along with this after a search in 1973, he ~ · the same in 1975 and make the swap and at time. Mr. DeLong noted that there subject but no minutes were taken has a report ~n what transpired at that meeting, to have the re~ert entered into the record so e~ryone w~uld be aware om what happemed. See copy mttached. time the C eumty ih the ream until as Mr, Kohl he made ne and he has Ced. th~ ~as , as sai~ Mayor Roberts said he was=Lly concerned of the agreement whioh puts the burden of ~m ~he City cf Boynton Beach and the hooker is te someone else. ~hile all this reek Dla~e at the : Mr. DeLeng reported, doesn't make for a right and anyone can express an oDimion as te whether it would be right for the City er not. I~ the future, Mayor Robert~ look~ tc the $50 million tc take care ef ~he park en the 5~ advantage to the Oity's taking that it, . ~,~.. DeLon~ felt the Cit~y ac~uisitlon and he felt the ~Oity Bond issue of $50mil!ion, He had would have a special session and situation. He felt the Oit~ was in an mauey te develop the lan~ amd he would than County ownership. ~O developing ~ aside from consideration of Boymten Beach of the majority general obligation the legislature ~nt to get see ~ty ~ership Mayer Roberts did not agree that the County said the City could o~ly get this lan~ if it is swapped as ~here is nothing to prevent ~he County from havi.n~, an agreement with Boynt~nBeach and the problem with Ocean Ridge had ncthzng to du with it. He felt it was time to take some action, Mr, DeLen~ said he did everything he cout~ and to show how slow the wheels a memorand~ dated July 29, 197~ from Ken Strauss, Acting County Administrater parcel, amd he felt that ethers bes to acquire the land. He felt the it's ever had to have a if the County wants to act in good and develop it without amy cost to -- l~ -- he read a copy of , Warre~ to 55 acre 'ialists were trying the best opportunity felt over ~ '* NINUTES - REGULAR CITY COUNCIL ~EETINC MARCH ~, 1975 BOYNTON BEACH, FLORIDA Nr, Strnad said after listening to Mr. DeLong's presentation and net ha~img/:the opportunity to sit down with the County C~e~'ssi?ers as promised, he said he weald mot vote against ~he ac~mi. Sition at this time because it doesn't make semse to Shrew. this acreage away a~d he was still quite ~ertmr~ed about ~et gett~.~g a p~rking area i~ 0team Ridge. He felt there were ±u years i~ which to develop this lard a~d by that time funds might ~e forthcoming from the Federal Government or the State, N~s.. Jackson felt the Commt~y should ~evelep ~he preperty. After some further discussion. Nayer Roberts sai~ he felt everyone e~ t~e Council ~$ ~he righ~ ~e ~ or her mind ~ he w~ c~o~ ~ to ~ie~ to se~le with ~ey h~ve ~e~h~g ~ set~le f~ ~. DeLo~ ~a~ an~ ~he other that t~e C~umty courtesy wss de~ed. feet ever · it was sup~esed to and disc~s ~his the Ooun%v. Nay~r Roberts Ninu~es before Cemm¢il im which it was s~te~, B eyn~en Beach, 0~ the ~ ~ulpepper "N~." There ~s been with t~ Oi~ bat here Mrs. Jaekson moved that the City mot go into the Tripartite ~e~memt and ~hat the City ~er be instructed to eontaot the Ooumty and see if they will use some of the County me~ey to The motion was then revised and Mrs. Jackson City not go into the Tripartite Agreement as n~w written, Nr. DeLong requested a roll call vote. ~ · as follows: Vice ~iayor DeLo~g - Said he would like to ~ualify his vote by saying that the City is mak~ a serious mistake and that the proper precedure would be for the ~or to appoint a committee a~d to attempt to reconcile any differences that exist. Unless this is done, he would veto - No. He felt the City was losing a golden oppertumity. Councilman Earmening C oun¢ilwo~ Jackson Councilmam Str~ad as stated. ~ayor Roberts - Aye ~otion carried 3-2 in favor. ~ayor Roberts said new that the vote has been taken, there is mothinE to prevent pro~eeding along the limes suggested by Mr. DeLetE. - Aye - Ne - for the reasons ~rs. Jackson then moved to instruct the City ~anager to write the County and asa's, them to contribute towards the development of a county park en the 55 acres. ~. DeLong felt it sheul~ not appear that - 15 - NINUTES - REGULAR CiTT COUNCIL ~TING ~CH ~, 1975 BOYNTON BEAGH, FLORIDA the City is bitter against the Coun~yby saying tetanus have the 20 acres on the south for ~nicipal facilities because a ~ err. ce depot mm go.z~g to h~ve te be put dew, there in the future. Nfs. Jackson ~lsagree~ as she felt it would not be e mpatlhle wmth th~ Mr. DeLeng felt it should be as with the County, whether it be for the 20 acres or ~r. Ha~meming seconded ~he motion. No discuss.ion. requested a ~oll call vote which Mrs. Padgett ¢o~uete~ Vice Nayor DeLeng - Qualifie~ his vote for the same reasoms as before - No Councilman Harmeming - Aye Co~u~cilwoman Jackson - Aye Coum¢ilman Str~ad - No Nayor Roberts - Aye Notio~ c~rried 3-2 i~ favor. Ur. ~eLeng moved te revert to the regular order of business, seeende~ by Nm. Harmemim~, No discussion. Notion carried 5-0. Other Consider Agreement for ~iu~aal Recreational Use Between the City of Bo,y~t~ Beach& 0eean~i~ge ..~ ~.~s. Jackson rea~ a pertio~ of the Agreement and said since the Cit~- is conducting a title search, she would not be in agreement with this and moved that this be stricke~ from the age~da. ~yor Roberts added tha~ the word "Tripartite" is involved im this agreement amd since there is no Tripartite alive at this particular time, the agreement is moot. ~. Harmening seconded the motion. Under discussionNr. DeLong said the City should not enter into any such egreement ~uless it is specified that the uses of the beach by Oce~u Ridge shall not grant them the privilege of using the City's p~rking area. They ca~ either walk tc the beach or ride their bicycles-. ~s. Jackso~ said the agreement for Ocean Ridge's use ef the beach goes way back a~d she felt this could not be wiped~?eut. Mr. DeLong said parking was not included and he woul~ like to see it ~liminated. Notion carried 5-~. OLD BUSINESS (Cont'd) Discuss Interim Service Fees - Tabled M~. Simon said the 0ity has an ordin~uce that is patterne~ somewhat after neighboring municipalities regarding imterim services. He believed the intent of City Council was to follow them as nearly as possible with the same type of 0rdinz~ce as to content and e~oreement. He prepared an amendment to the City's Ordinance to use almost identical language as contained in the ordinances of - 16 - · · ~iNUTES - FU?~GULAR CIT~ COUNCIL MEETING NA~RCH 4~ 1975 BOYNTON BEACH, FLORIDA the neighboring cities with the anticipation that the enforcement of it would be in the same manner as enforced in the neighboring cities. The purpose o£ this is te meet the e~mitable meeds cf the commumity on a uniform basis with ether cities and the purpose ef the ordinance is te meets ituatiens that exist which are common to ~ll municipalities. He noted that the City was in litigation en the present Or~ina~e and that aspect must be co,sic=red by Council ~ deciding whether~r mot te amend the Ordinance, leave it as is, er whmtever Council wishes. Nr. DeLemg aske~ if the 0rdi~ance was amende~, weutd it have any e£fe.ct en . Nr. Sime~ said he didn't knew what ~e t~e ~ew ~hat the said it ~ in i~s was ne~ in fact dele, They miE~ ~ amended. Nr. De,cng felt this sure of its gre~1 however, ~ ~r. S~mon ether cities b~.t +~e re~ ~$~,~ e~oree~ ~ the s~e mm~ner as the ~he p~s~e ef the Or~i~ee ~te~ bas is. ~ oentempla~ a mo~t~y billing which if this should be left en the ~abie amd Hr, ~mmereus request~ from the City regarding present ordinance an~ he prap~e~ ~ amen~ent memer~da recei~e~, If Ce~cil wishes ~, ~en ~ ~ged that Ce~cil e~orces s~e ~ ' other cities, ~. DeLo~g said t~t was the bu~ it ~ c~e8 by a fe~er e~loyee. After some f~er ~iscussien, ~s. Jae~en m~ed te t~e this item from ~ ~ble. ~. H~eming seeem~e~. No d~eussien, No~ien e~ied ~0. Nr. Simon read Ordinance Ne. 75-12 on first reading in its entirety ceneermi~ Interim Service Fees. Nr. Harmeni~g moved for the adoption ef Ordinance No. 75-12 on first reading, seconded by Nfs. Jackson for purp_eses ef ~isoussien. She asked what m%u~icipal services would this include. F~r. Simon said whatever municipal serv4_ces are provide~ by the City as a result of the revenme received from the various sources ether than these that are re~uire~ tc be serviced, i.e, Civic Center, Library, new Police Station. Hrs. Jackson noted that th.e garb.a~.e, sewer and water are paid for. Nr. SLmen o-~t tha~ if th~s~;m~.ina~.ce is a~opt.ed, its enforc.emen.t be i~ the very same manner as mt ms enforced in ether mmn,icipalmties that have the very s~me Ordinance, not only cna monthly basis but as an item placed on the water~bil -" ' 1. F~rs Jackson suggested if this is passed, the City N~-~ger be instructed te h~ve the Finance Dj.rector go t~:~the~ . neighboring, mUni~a!ities~ and talk to thms. Nr. Kohl samd this has a!ready been clarified. ~. SLmon pointed out tha.t in. the drafti~ of this Ordinance in presenting it to Council, mt is not particularly in view of the fact that the City is in the midst of litigation on a~ Ordinance similar to this. - 17 - MINU~S _w~NLAR CiE COUNCIL ~EETING NA~ECH 4, 1975 BOTNTON BEACH, FLORIDA He did not propose this Ordinance as being waterproof from any at~ack by anyone in Co~zrt or the fact that~it woul.d bet'nphe~d without any doubt by any Court as to its cer~titutmonality. Similar erdimances ~re umder attack thremgheut the state and there are presently co~sidered by as the erie i~ N felt if the ermginal Or m~m~ce City would have been better or some f~rther ~ Nfs. Vice Nayor DeLo~g - Aye ~ou~eilm~m Harmening - ,~ye Ooumcilweman Jacks on - Aye C~eilman Strna~ Aye Eayor Roberts Aye Motion carried 5-0. Discuss Amendment to Ordinance to Beer & Wi~ License - TABLED Nfs, Jackson noted that she had seen orccermss in the place where the Bahama Bar was a~d she moved te take this item from the table. ~, Harme~ seconded. Notion carried 5-0, N~. Ke~I~ said the~ mnspec ~mcn has been completed and a license has been issu~ed for a grocery store, Jackson moved that a beer an~ wine lieense be graRted, seconded by N_r. DeLon~. No discussion. Notion carried 5-0. Discuss Neri~. Inc..r..eases - TABLED Item !eft on table, Discuss RecsmmeRdatien for UpdatimE the Permit Section of the Buil~n~ o~e - councilman Norman F. Strnad ~, Str~ad noted the imcrease in the cost of buildin~ materials a~ ~aber ~ur~ the past first,ears and he noted that a building ~ermit was required for am~thlng in excess of $100 which has been mn effect for l0 or more years. Ee felt the homeowners could not get much done fcr $100.00 an~this amount should be raised in accordance with the increases~nprices. ~. Barrett said this stipulation was to guarantee that the ~uildLu~ Department Eets plans amd specifications for whatever ~s done. $3.00 an~ without a permit there can be no Luspection. After some discussion, ~, Barrett suggested lowering the permit fees to $1.50. ~s. Jackson felt the City would be lowering its standards if Nr. Strnad's suggestion was followed. Nr. Strnad said he was mot coRcerned with lowering the pezmit ~2es and stressed that the same work costimg $100 ten years ago would cost much more 18 - MINUTES REGULAR CITY COUNCIL NEETINC ~ARCR ~, 1975 BOYNTON BEACH, FLORiDA today and this was why he felt the figure should be raised before a permit was required and this wemld alleviate the workload in the Building Department as well as help the homeowner. Barrett said the City is i~.the process of updating all permit fees. a~ the $i00.0z~ly a~lies to.a .home?.wne. r, not to a contractor and the homeowner ms whe~ most diffmoultmes are caused in regard to Cede violations. Mr. Barrett said he would rather see the permit fee waived thaa give up the Demerit of i~speotion. After further discussion, it was decided that t~, Kohl and Mr. Barrett would come back with some pros and cons on this subject. N~ BUSLNESS Consider Action of Palm Beach County M~cipal Le~ue - ~ayor Reberts ~ayor Roberts said there were a couple ~f proposed Resolutions effere~ at the Municipal County League -- omo having to ~e with the fact that one cemmunit~y had a couple of ell ta~ks built and they didn't knew what was going on. There was a question of getting some better communication between the Coumty amd the municipality regardi~ re-zoning, etc. Everyone seem~ to De in favor ef it and it's j~st a question of how the Cit~y expresses itself at the next meeting as to whether it is L~ favor or a~ainst it. The second Resolution is to help the schools by the League endorsing ~up te~of a mmll -- havz~g a general law ta~g real estate transfers for the sole purpose of funding school plant construe%ion. N~r. BeLong believed this had already been taken care of by the Legislature amd he read an article stating they had accepte~ the recommendation of Supt~ Carroll. Mayor Roberts stated if the City does have te give an expression, it would vote for it. ~rs. Jackson moved that the City gees on record as agreeing with both of the above Resolutmens.' Mr. DeLeng seconded. N~or RobeRts noted one ResolUtion (No, 2-1975) pertained to Co-ordina~ion of C.~erta~i~. Nunicipa.1. a~ County Zenin~ .and Planming Actions' and the ~ne o~ner ~would impes~e a Tax up te .4%'of a Mill for Real Estate '~'rans~ers (Ne. 3~1975). ~. DeLong felt the second item weuld be controversial. It _ clarified ne expression ef the City would be ~iven if it had already been passed by the L~islature. ~otion carried 5-0. ~3~iNIS TRATIVE Application for Permit to Solicit - Natiomal 0rganizatien for ~ome~ , SomT~h p~ Beach Ceun~ ChaPter Mrs. Jaeksem said this pertaLued to the Equal Rights Amendment which is a very comtreversial issue and very pelitical~ She felt the City shoul~ net get involved in anything that is pblitical and it should be left up te the imdividual. Nfs, Jackson moved to derby the granting of this permit, seceded by ~. Harmening. ~. Kohl concurred with ~rs, Jaeksen's 'fe~!in~s. Rotten carried 5-0. - 19 - NINUTES REGU~,A~ CITY COUNCIL N~TINC NARCH 4, 1975 BOY~ON BEACH, FI~R!DA R~.e~.uest for Ref~u~d on Cemetery Let - Col. Albert J. Wehrell ,,~,, We~retl's ~re~eSt was ~or a refu~ of purchase ~rice im he..~meumt of $100.0o, less 20% = $80.00 on Lot No. 104, Block Mr. Harmenm~g moved to accept the Cmty ~anager s recommendation to gra~t the above request, seco~de~ by Nfs. Jackson. No ~iscmssion. Notion carried 5-0. Approval of Bills Kohl read the fcllowi~g Bills fer approval: Ha~ser Motors Co. ~23, t00.0~ Six patrol e~rs Pay from budgeted f~ds 001-860.75 2. GrifEin Fleeri~g Ce. 3,03~.00 Tile for Civic Een~er Pay from budgeted funds 001-812.39 3. Rubin Construction Co. t,484.91 Asphaltic concrete Pay from bmdgete~ funds 0Ol-854.35 Allied Ohlerine& Chemical 4,184.30 Chlerine for Water Plamt & Wastewater Treatmemt Plant Pay frem budgeted fun~s 0~8-920.63 $2,464.30 038-910.63 1,720.00 5. Russell & Axon 6858-Sm-III&CP #23 Samitary Sewer Extensions Construction Lauder~ale Construction job - ~tilit~ General Fund 6~ *(see Insert attached - Page 20-A) 7. Russell & Axon 6858-IiI&CP #l~ Upgrading existing~as~ewater Treatment Facilities Pay from 1974 Water & Sewer Revenue Bend Issue ~,371.80 9,743.86 8. Russell & A~xen 6858-15-II&CF ~ 43,033.5~ Pl~us & Specs for Water Facilities E~pa~sien Pay from Utility General Fund Refumdable from future bondLissue 9. Russell & Axon 6858-17-II&OP ~ 1,779.98 Plans & Specs for Raw Water Pay from Utility Ceneral Fund Refundable from future b~nd issme 10. Russell & Axon 6858-21-II 12,400.~0 Plane &.SDe~s f~r Exp.ar-~ion of existing tr~smissien ~ dmstrmbut~on m~mns Pay from Utility Ceneral Fund ReleaSable from future bend issue 20 - ~LINUTES - REGULA~R CITY COUNCIL NEETING NAR~CE 4, 1975 BOYNTON BEACH, FLORIDA *(ImSert) Russell & Axen 6858-5-III&CP~ $ 2,917.15 Prefessio~al services fer Charter Werld I~spections Charge to Charter W~rld Deposit - Utility General Fund - 20A - ~LMUTES-REG~-LAE CITY COUNCIL ~ETIN~ ~ECH 4, 1975 BOYNTON BEACH, FLORIDA A~i ef Bills. (Cent,d) ll. Delete 12. Russell & Axon 6858-13A-CP $ 1,545.75 Engineering services permfcrmed in connection with 1-95 Utilities Relocation 13. Russell & Axon 6558-6~III&CP 2,901.01 Engineering services performed during construction ef Wells #12, 13 a~d 14 Ps~v from budgete~ funds 14. Inman Incorporated Utilities Eelecatiem 6858-13A-CP Pay from Utility General Fund Re-imbursable from D.0.T. 1,270.00 Harvel & Delau~ 1,590.00 Utilities Re!ecation 6858-13A P~y from Utility Ge~eralFund Re~imbursa~ from D.0.T. The bills described have been approved an~ verifie~ by the ~epartment he~ds invelved~ checked.and approved f~r payment by the Pinamce Direc~or~ funds are available Lu their respective ~udgets and ~r. Kohl recommended payment ef these bills. He clarified that all bills were checked an~ double-checked. Nr. DeLong n, te~ the new state law regarding consultants amd discussion e~smed wherein Council considered getting bids on this work being Gene by Russell & Axon. He felt the City ~anager should get R&A's feeling en the new law. Council was concerned about du_~licatien ef R&A's bills and Nr. Kohl said they were carefully checked. He nete~ that R&A is working on about l0 to 12 jobs. Nfs. Jackson moved to pay the bills, secende~ by Nr. Strnad. Nr. Kohl said he would find out hew ~ar a&eng the open jobs are with E&A if Council ~esires. Motion carried 5-0. Discussion ensued wherein Nr. DeLo~ said if a State law has just been passed, he felt~ must have explored all the avenues first, as ~ms.~Jacksenwas con6erned that the City live up to its water and sewer bond. }~rs. Jackson said anything that could be done without violating the sewer a~ water bond, she would be in favor of and it was agreed that ~. Kohl would leek into the matter f~ther, OT~R ~Ir. Strnad asked Council to oonsi~er buying a ~ecibel meter for the Police Department. He felt this was ver~y necessaz~y in view - 21 - NINUTES - REGULAR CITY COUNCIL NEETINC~ NARCH 4, 1975 BOYNTON BEACH, FLORIDA of the State's new statute. Nr. Kohl said he has just give~ the City AttorAey an ordinance which he procured from the north County cities. This includes mufffle~, etc. Dro~ for use efa decibel.meter. The te go tea fe~-~ school, ~e ~e ~ t~en ~ked Ge~cil 2~ hel~ ~s ~ a~ey~ce u~til he ~s a ~p~ed ordi~ee ~d ~hen Drec~re w~ever ~th ii. Thee w~ some dis~sie~ about the c~ of the ~ehi~e ~d.h~ ~o~E it we~d ~ 2e get ~d ~. Ko~ sai~ he we~ leek ~t~ Nr, DeLong referred to an article he read in the newspaper rega~',~Ag the 5-year pla~ for the widenimg of Seacr~~ Boulevar~ about which the Ci~~ had sent the County a Reselutio~ on last year. Befor.e Commissi.oner Warren went out of office, for engineering for this year was ~ra~ted for that portion of Seacrest Boulevard i~ the City and Nr, DeLong read that ~-la~ming was going te Sts-~t in Delray and come ~ll the way up to the Boynton Canal. It is being worked on new, so it may be s~ener th~n the five-year plan, Nr. DeLong was interested in Ceu~,cil adopting a Rasolotuion to be sent to the O~un~y Commission to have the media~ strip ru~ the e~tire leAgth ef the work to be done. It would be beneficial from a beautification standpoint as well as h~ving a~ effect on ~raffic control, It was felt this ~as also important for safety. Nr, DeLong moved to[~ve the .appr?priate Resolution drafted to send to the Cc~muty as he felt"actmon should be take~ now. Nfs. Jackson seconded. Under discussion, Ars. Jackson said consideration should be given to who will put the sprinklers in tc care for the grass on the median strips a~d the City would~have to remember this at budget time, ~o~io~ carried 5~. I.t was clarified that the Eesolution s.heul~ cover .the Co~ut~/~ antmcipated work from the south boundary line of the Oity to the Boyntcn Beach Canal with the City's request that this portion have a median strip in the center. Nayor Roberts suggested a Special Neeting for the purpose of a public hearing be held on Tuesday, Narch 25, 19~5 at 7:30 P.~. in City Hall regarding &th Street. It was noted this was the date for the Regular Second E~eting of the mo~th for the Planning & Zoning Board, It was decided the Board could~d~old its meeting in the downstairs conference room. Regarding High Point, Nr, Kohl said when there is a hard rain water ~mus from the cemetery a~d they have requested the City's help ~_u getting some drainage ditches. They wo~d be willing to pay for the usage of the City's equipment aud manpower and Council agree~t as ~. I£ohl sai~ he could get the work done in about two days. - 22 - ~INUTES - ~EGUI~R CITT COUNCIL NEETIN~ ~RCH BOY~ON BEACH, FLORIDA ADJOURL~ENT ~r. DeL~mg reeved ~o adjourn, seconded by ~s. Jacksen. earried 5-0. Needing a~jeurned at 1t:15 GI~ OF BOYNTON BEACH, F~E~A ATT~ST: C~ty Cle'rk - 23 - PAST MAYORS BOYNTON BEACH, FLORIDA Fred Benson W. T. Woo!bright: Alva E. Shook Stanl] ey Weaver Jsmes J. Mahoney Harvey E. Oyer~ Jr. John L. Arehie J. k~llamd Pipes Thomas ~. Summers J. Aq-tison Banl~s Walter A. Madsen Prank McCoy, Jr. Michael V~ Niche. el ~7incent J. Gallo Formest L. Wallace 'Robert B. E~_~mon Mrs. Emily FL Jackson Joe belong David Roberts 1941, 1942 1945 .to May 2, 1944 Nov. 8, 1948 to Jan. 5, 1955 1956 1959 and 1965 1960 t961 Ja~. Aug. 1970 1964 1966 Jan. 5 to~''Mamch/8~ 1967 Mar. 8, 1967 thru 1968 1969 1971 1972 1975 1974 1975 1949 and 1965 5 to Aug. 6, 1962 20,21962 thru balance of year ~ A factua! ~-esume of my activities as the City's negotiator as briefly ~s ! can p~s~ly ~call is ~ follows. First, it must be recognized t~ City was seeki~ 55 acres of Count-owned la~ a~ from ~e ve~ s~rt I w~ fvised ~e ~o~ w~ ~e o~ who would name t~e te~ms of any Coun~ l~d geant ~/op exchange. A meetin9 was held relative to bhe 55 eores of la~d in t~e Boynton Beach City Hatl on October 2, 1975, A.~VL Present we~ Co~ Com- missioner Wanner, M~o~ Vol~ and ~e T~n M~n~P o¢ Ocean Ridge, Coun~ Right-of-Way Agen~ Pete Kelly, Assist~t Co~ Adm~nist~8~ Don Kohl, Coun~ A~onney Mike Sm~ll, Councilman S~n~d, ~ Frank Kohl, a~ citizens O. T. ~o~ea~, ~ Zi~e~m~, ~rs the press ~nd myself. ~ believe Ci~ M~nagen Kohl ~s tn ~ ~si~on ~ ~t to ~e ceedtngs o¢ that meeting and ~ recall them as Follows. Someone From ~e Count's %earn, and ~ ~lieve it w~s Don wanted to know wh~t the Ci~ o¢ Boynton Be~hw~s going ~ give ~e Coun~ zn ne~n For the 55 acne tract. It w~ ~t ~is ~int of disc~sion we were told the 55 aoPes wePe v¢lued in exo~s of ~o million doll~Ps Somehow on o~en, ~e industrialist was bPought in~ ~e pic~ne a~ bo~ Ci~ ManageP Kohl and myself made cup feeltn~ ~own in no uncen~in tePms, s~ting ~ose 55 acres 8ne public ~per~ ~ ~at we bo~ wePe detenmtn~ it wou!d nemAin so. About 8 mon~ before ~ went out o¢ o~(ce 8s MayoP, ~e called at my office to see what ~e location o¢ ~e 55 acPe tract w~ nefenned him to cup Recreation Dinecton, Chsrles FPedPic~, w~ hss penspective ~at defines loc~tion. ~ later che~ed wi~ ~e Di~n ~d was (old ~e t~tri~Iist stopped by to see him. Continuing with the meeting, it was Commissf~oner Warren tn wh~t I believe was an attempt to accommodate both the City of Boynt~r~ Beach and the Town of Ocean Ridge, which are both in his distr'ict, who sugg~d thst ~e Ci~ of Boyn~n Beach convey to Ocean Ridge ~e 75 f~t of ~d conttguo~ and nor~ of the Ocean Ridge Town Hart, stating h~ ~w Oc~ R~dge off~c~ts had prevailed u~n Boynbn Beach t~ setI ~em ~t 75 feet order ~at ~e Town Hail Could be exp~nded ~nd tn ~bm Bo~ Beach would receive ~e 55 ac~s of rand from ~e Count. It w~ ~tso s~ted this w~ the ~ to rem~ ~e tong s~ dispute be~een the Ci~ snd Town relative to ~e ow~rsh~p of ~e tract of trend contiguous ~ and on ~e sou~ side of ~e Town Hmtl and sou~ fop a distance of 16~.98 feet, and f~m ~e Atlantic Ocean ~t to the east side of Spanish Creek, which could now be pesolved once ~ fo~ all by Quit Claim Deeds. I ~ought mt ~e ~me of ~is suggestion ~d I mm p~ently of t~ same opinion ~at ~is is a sensible, ppofi~le ~ beneficial of land Fop ~e Oi~ of ~oynton The next item diso~sed was papking, ~nd ~e discussion b~e heard. Coun~ At~ney Small asked the ~myo~ of Ocean Rid~ ~h~t he intended to do about the pranking ppoblem and ~e Mmyop's ~eply was lutely no~ing now o~ in ~e future. The Coun~ A~opney then to shift ~e burden of pa~king on the Oi~ of Boynton ~em~h, s~ng if ou~ Ci~ wanted the 55 ~opes of land we should be willing to 0onven~ ~e picnic -7- area at our public beach into a parking area. I ~otd him he had to be out of his mind, tn no way was the City of Boynton Beach obligated to provlde parking for the County owned beach front proper'if contiguous md north of the City's pubIic beach as this was a probtem for the County a~d Ocean Ridge to resolve, and not to attempt to make the City of Boynton- Beach the whippthg boy because the County made a serious error when tt neglected to provide a parking area before it acquired the beach front property. Councilmen Strnad and City Manager Kohl both jumped on the p~r~ing item with both feet and I am certain the County Attor-ney regretted tJcfat he mer~- tioned parking. The meeting ended on that note amd when I received the letter from Assistant County Attorney Larger mention~ng he stil! had to discuss par'king with Ocean Ridge¢ it was my feeling this was a p~obtem for- the Count3, and Ocean Ridge to resolve and not for E~oynton E3each to become involved with. When ] received a copy of the tripartit a§reerr%emt there were several provisions I believed required some answers, I cal~ed the County Attor~ney's office and after waiting for several minutes his assistant, Mr. answered advising me that Mr'. Small put him in ch~m~ of the land exchange, -Fhe tripartit agreement w~s as Mr'. Small said it should be and any futur-e information I desired [ was to contact Mr. I later was advised Mr. Small was peeved due to Mr. Kohl's, Councilman Strnad's and my opposition to the [ndust~ialiet and parking issues. Weaver, Chairman Robert J. Ro!!ins Lake Lyta~, Vk,-,e~J~in,nan' Robert F. C~pepper Robert C. Johnson ]3i!1 ~ed~en Office of County Attorne.¢ R. WiIHam Rutter. Jr. County Attorne? March 3, 1975 To whom it may concern: The proposed tripartite agreement involving Boynton Beach, Ocean Ridge and Palm Beach County includes a conveyance of .a 55-acre parcel fromPalm Beach County to Boynton Beach. Although this conveyance is. condi- tioned upon the land being used for "municipal, recreational or park purposes," it is clear from the a~reement that the land is deeded outright to Boynton Beach by a County Deed. The reverter Clause operates for a 99-year period, but does not otherwise impair the owmership in fee of the 55-acre parcel. After the designated period, the land would be owned in fee si~r~pte absolute by the City of Boynton Beach. LJL/bd . ~ Lawrence J. I~anger ~J BOX 1989 WEST PALM BEACH, FLOR,DA 33401 ' {305) 655-5200~2~¢'. ~.~) ~ ~' ,. l~ ~;~ ..................~.~ ..... --: ~