Minutes 02-25-75SPECIAL MEETING OF THE CITY COllNCIL OF THE CITY OF BOYNTON BEACH,
FLORIDA, HELD IN CITY HALL, TUESDAY~ FEBRUAi~Y 25, 1975 AT 5:00 P.
PRESENT
Mayor B~id~Roberts
Council Me~ber Emily M. Jackson
Council Member Edward F. Harmening
Council Member Norman F. Strnad
ABSENT - Vice Mayor Joe DeLong
City Attorney~Ernest G. Simon
City Manager Frank Kohl
City Clerk Tereesa Padgett
Mayor Roberts called the special meeting to order at 5:05 P. M. The
purpose o£ this meeting is to review, report and discuss recent devel-
opments in regard To the 55 acre parcel owned by Palm Beach County.
He advised the Council that he had received a request from the Assis-
tant County Administrator for the City to appoint a representative to
the Technical Advisory and a Citizens Action Committee in an effort
to assist the County to qualify as an Urban County and receive entitle-
ment to Community Development Act funds.
He asked if the members of Council objected to making these appoint-
ments at this meeting, since it was not on the Agenda. They agreed to
do so.
Mr. Kohl recommended the appointment of Bill Plushing~ Assistant Engineer~
to the Technical Advisory Committee. Mrs. Jackson moved to accept the
CityManager's recommendation. Motion seconded by Mr. Harmening, and
carried 4-0.
Mr. Harmening nominated Mms. Blanche Giztman to serve on the Citizens
Action Committee of the Community Development Act.
Mr. Kohl advised Council that these appointments needed to be made aT
this time so they could attend a meeting scheduled for Thursday~ Febru-
ary 27, 1975 at 7:00 P. M. It was verified that Mrs. Girtman would
serve, if appointed. The vote was 4-0 in favor of Mrs. Girtman serving
in this capacity.
Mm. Kohl stated that his secretary received a phone call this afternoon
at 1:20 P. M. The Vice Mayor said be sure the Mayor, Dave RoberTs, is
advised that he will not be at the Special Meetin~ tonight. He feels
our laxity in agreeing with the County on the TriPartite Agreement makes
this evening's meeting unnecessary and we are "~ust spinning our wheels."
He extends his regrets ~or his non-attendmnce.
The Mayor stated that the Vice Mayor had been pmoperly notified of the
meeting.
Mayor Roberts read the attached letter £rom Attorney Gene Moore which he
had just received prior to the meeting.
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SPECIAL CITY COUNCIL MEETING
FEBRUARY 25,
Page 2.
The reason for this meeting is that on Thursdaymorning we had an
unexpected visit from the new County Administrator and Attorney Langer
who dropped in to the office uaannoumced, even tho we had been expect-
ing someone from the County to discuss this matter. We later received
a note from the Vice Mayor, since he doesn't come into City Hall when
I am here - it came in w~iting - asking for a full report or minutes of
that particular meeting. I believe Mr. Kohl got the note and ~ asked
him not to answer it, and we would have a meeting so everybody could be
informed. Itwould be extra work - also as the new Mayor, taking over
Mr. DeLongTs activities to some extent, I thought it would be reasonable
that I continue in that direction.
The Mayor then proceeded to review the chain of events g~ this subject.
There has been talk of cooperation - I know that I have cooperated with
the Council the past few years - in fact most of our progress has been
because of ceoperation - which has been admitted. But in this case, the
cooperation seems to be going in the wrong direction. I'm not making
these statements for any particular reason except that I have basis of
~fac~.
There are also.statements I will read in a little while that are not in
, eepmng wmth facts and strangely enough Mr. Moore picked up one of these
items.
You will resall that sometime back we were in the midst of a problem
with Delray Beach and our sewage treatment. There are many th~ngs I see
that escaped us because I think we were more concerned with our regional
t~eatment plant. Councilman Wallace at that time called to suz atten-
tion that in 1966 we had requested some land from the County and this
would be a good time To act upon it. In fact, he was complimented at
~hat time for bringing it to our attention. We did get in touch with
the County reminding them of the fact that we made a request in 1966
~nd we would like the 56 acres for obvious reasons. At that time we s
thought we might have To use it for sewage treatment, or any other use.
~h±s is where the entire thing started between Boynton Beach and the
County. I went on vacation, and when I returned I found a box full of
mail.
It was discussed at the next ~eeting - there was a letter sent to Don
Kohl, Assistant~to CounTy Administrator from Commissioner George Warren
tmder date of October 4, 1974, which read as follows:
~TAs a result of our meeting Wednesday~ 10/2/74, with the mayors
of Boynton Be~ch and Ocemn Ridge, Joe DeLong and Tom Voipe, at
which time I tried to pinpoint the desires of eacfo community
for consideration, in hopes that the County could bring about
some conclusions to the satisfaction of both mayors (cities),
I now have the following request (by phone) from Mayor Joe DeLong:
(1) ~ssures me that the YS feet of land north of Ocean Ridge
City Hall will be cleared as to title and deeded to them by
Boynton Bemch., (The only parcel referred to.)
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SPECIAL CITY COUNCIL MEETING
FEBRUARY 25, 1975
Page
"(2) A positive request that the Board of County Commis-
sioners deed some 55 ac~res oi land off of Congmess Avenue
to the City of Boynton Beach, with~conditions that Boynton
will develop and maintain a desirable City'=Park for posterity.
It being noted that this is a renewal of other requests for this
land by Boynton Beach in years past.
Please notify Mayor Joe DeLong when Commission action might be
taken."
It was noted that Mayor DeLong did not forwamd a copy of subject memo
to Central File until January 10, 1975.
When Z returned from vacation I was told that somehow Ocean R~dge,got
into the act. I was a little bit'surprised since we had thought we
could bargain with Ocean Ridge for some extra parking facilities, as
the minutes reflect. And I read these excerpts fromthe minutes of
October 15, 1974 so you will have it all together.
"Mr. Wallace noted that there were many problems between the
communities long before this Council was in of-fice and if this
can be ironed out amiably between the t~o communities, he felt
the City should not be coming out on the short end, especially
in view of the real estate value."
Mr. Wallace is in the audience and we want you to feel free to comment
at anytime, since you are involved.
The Mayor continued to read another paragraph from the minutes of Octo-
ber 15th.
"Mr. Roberts was confused in that he thought that Ocean Ridge
would accept title to their land and in return the City might
be able to get some additional land for a parking space at the
beach. He asked what bearing the section of 55 acres near
Congress had on Ocean Ridgers request for a clear title."
I never did get an answer. In fact~ Mr. Strnad said
"Mr. Strnad said he's been fighting to get the piece of property
south of the inlet for the past four years and Ocean Ridge has
not relented one bit.T'
I also said in another paragraph that I did not see how the County
should be involved in Ocean Ridge. Mr. Wallace didn't feel parking
was the main issue and it should be decided wk,~t to do about the
55 acres under eonsideration. And with that comment I agreed witA~
Mr. Wallace, because I felt that if the 55 acres was deeded to us
then we could make some sort of a settlement with Ocean Ridge in view
~f the fact that we had been more o~ less at odds With them on several
issues.
C
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SPECIAL CITY COUNCIL MEETING
FEBRUARY 25, 1975
Page
I did in this case go a~ongwith Mr. Wallaee's thi~ing. Mm. Wallace
noted that it would~ always~have to come back to Council £or final
adoption, and after learming what all the problems are ~n intelligent
decision can be made. In other womds~ this thing was only a preliminary
a~fair.
The meeting that took place - to my knowledge there were no minutes
taken - and it was a meeting between Mayoms, and a decision was made
between them. I was not here but appamently noone was advised of
that meeting - at least I heard that neither Mr. Wallace nor Mr. Har-
mening reeeived any notice of this particulam meeting. There were no
minutes taken and nothine in the files~ to my knowledge. Again~ if
am wmong~ I~d like to he~r ~bout it.
Now, on October 29th the County Commission met, and I was at that meet-
ing with Mr. Strnad. Vice Mayor DeLong got up at that time because we
had made a motion for him to ask for this land. He did mo - he asked
for the land and said in ~eturn a swap was going on~ etc. I thought it
was a pretty good snow job at the time, and I figured also if we eould
get the land, settlewith $cean Ridge~ everybody would be happy. One
statement came out from Mr. Walden himself ~t that time, after the mee~
ing or at the end of it - ~This is my last meeting - it's a hell of a
meeting'~ - in fact he said it was a '~damn good meeting,~, if I recall
his language. You were there too, Mr. Wallace. I'm sorry. But he
said one had nothing- to do with the other. It was still a good meeting
since it would cemen~ relationships. Commissioner L~/ie Lytat said what
about the parking, but that was shoved off or fluffed under the table
I don't know where that went to~ but there was no answer. I am just
giving you a sequence of events which to me indicates a lack of coopera-
tion, and I think some activities have been improperly tsken, to say the
least.
Now~ on the 51st of October - ~ just found this in Central file, dated
January t0th. He proceeded to read the following letter addressed to
Hon. George V. Warren -
"On behalf of the residents and City Officials, I take this oppor-
tunity to apprise you of the gratitude that is prevalent in our
City of Boynton Beach for your aid in acquiring the 55 acres of
County o~aed property east on Congress Avenue at our City's present
south boundry line." (This apparently was not distributed to the
Council.)
"The City of Boynton Beach has splendid plans for this parcel of
land and I am certain when those plans have been implemented the
citizens will enjoy many long yeams of happiness due to the
recreational facilities that will be available to th~m. We of
the City Official family are so engrossed and pleased with your
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SPECIAL CITY COUNCIL MEETING
FEBRUARY 25, 1975
Page 5.
untiring efforts in our behalf that as soon as this land is deeded
to our City we will adopt a resolution naming this tract of land
the George Warren Park.
Thanks again and with kind warm personal regards."
I think it should be Benedict Arnold Park, it would b e more appropriate
for it, as far as I am concerned.
December 11, 1974, received in Central file on January 10, 1975 -
':Honorable Joe DeLong~ Mayor
Boynton Beach City Hall
Boynton Beach, Florida 33435
Re: Proposed land grant from Palm Beach County
to Boynton Beach ,T
No, Tripartite - Proposed land grant from Palm Beach County to Boynton
Beach is the heading. And one of the paragraphs reads as follows:
"As you are undoubtedly aware the County must also come to terms
with the City ~f Ocean Ridge, with respect to certain parking
facilities, as pare of the overall agreement."
The rest is the usual verbiage signed by Mike Small, County Attorney.
I don~t recall whether I saw this or not~ but the fact remains that it
was not in Central file until January.
That also died somewhere -as I say, I make an excuse to the extent you
have to put your faith in some people. I did not consider this too
serious at the time~ but now I consider it quite a deviation from the
wishes of the Ceuneil.
On January 24, 1975 we received a final and amended agreement to in-
elude the recitation of a nominal price. Letter was signed by Lawrence
Langer, Assistant County Attorney. We read it over and in my opinion -
if the County wanted consideration for the land which was stated also
in the February 4th meeting and repeated several times. It was Mr.
DeLong~s opinion that they don't give away land any more, you have to
swap. You have to give some consideration. I will give you the exact
words when I get to those partieul~r minutes.
I thought if we got that land - 55 acres - and I found out since it would
cost ~ million dollars to develop, maintain, make a park, recreation area
for all to use - that that in itself was a consideration for the land.
Now: in addition~ to that, the agreement had a restricted deed, and
every shrub, every planting had to be approved by the County, which is
a repetition of many notices and many statements that have been made
within the last month or so. The only thing Joe said about it was
~'Why worry about 99 years - you won't be here." Z agree, but somebody
is going to get stuck witk it. Sorry Mr. DeLong isn't here so he could
answer some of these. He will be given a copy of these minutes.
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SPECIAL CITY COUNCIL F~ETING
FEBRUARY 25, 1975
Page 6.
On February 4th - incidently, I think the minutes reflect why I, as
one individual~ was not in favor of that particular agreement. I
just have some excerpts here that are of interest on this particular
item. I think it was brought out at the time that I was not in favor
but let us move ahead with it. Mr. DeLong was given a 4 to 1 vote -
Mr. Strnad was the only one against it. I was too slow in saying :'no'~
so ~ was not going to get involved because I knew we were going to have
another crack at it when it name back to Council. This is a repeat
where Mr. DeLong mentioned Mr. Wallace had made the recommendation, ere.
Mr. DeLong recalled that he had been given the authority by Council to
see what could be done to obtain the 55 acres. This is what I~m re-
ferring to on our 4 to 1 vote. That is when he spoke at the County
Comn~ission. He had learned that there was a move in the works between
an Indmstrialist and several County Commissioners fo~ an exchange o£ a
large Dortion of this 55 acres.
He then referred to the letter received this evening from Attorney Gene
Moore. In other words, there was pressure: more or less, that we sign
this particular agreement. This was the statement by Mm. DeLong at the
time - going on with the minutes - ::It was learned that the County has
deviated from their past generosity whereby they would deed County land
to municipalities. Now a munieipality has to give something in exchange
for any County property.~ I just pointed out that I think we made a
fair return in,accepting the land, and landscaping it, but the crux of
the matter, is ~hat this statement apparently never had any basis of
fact because the County has never sent us any letter on it nor have we
asked for any - we have just assumedit was so.
I have since talked to a member o£ the County Commission, and he s.s/d he
could not understand why it could not be deeded to another municipality.
Again, I ean't be too severeon that statemen~ since we did not follow
it up, and we should have.
That's also in these minutes of February 4th~ and I also said I would
be in favor of a contract on an individual basis. No: further down, I
also stated I was not against the~6hange~ but was against the Tripartite
Agreement b~cause I felt we should try to get some help from the County
in developing the 55 acres. I also learned later that possibly that
couldn't be used - I don't know - so I am not going To argue the point.
Mr. DeLong felt that Commissioner Johnson would be very susceptible to
helping towards the development of the land because he was one of the
prime movers with regard to the $50 million bond issue. Just keep it
on the record to keep the record straight. And that's when Mr. Harmening
suggested that we try to get a separate deed from the County. We would
consummate the agreement with the County and then work with Ocean Ridge,
since there were many things to straighten out.
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SPECIAL CITY CO%iNCIL MEETING
FEBRUARy 25, 1975
Page
'~Mayor Roberts~sai~ unless the County assumes the City in wmiting that
they'will not give a separate agmeement, then he would see the neces-
sity for going along with the Tripartite Agreement. =
I 'would assume naturally, if you can't get a separate agreement, we
would go along with a Tripartite Agreement - not necessarily on the
same teems. Mr. Strnad noted that $100 million was available, as the
Federal government had matched the County funds. Also on February 4th -
it~was unaceeptable to Council at that time so we would go ahead and
see if we could get another one.
On Pebruary 5th a hand delivered message was sent to Mr. Rollins, County
Administrator, asking that we set up a meeting to see if we can reach
some kin4'of an agreement. An immediate reply came from the County, and
said many thanks and we will try to set up a meeting sometime in Febru-
ary. It was received here February 7th - 2 days later.
On February 10th the Council, I presume they did, got a memorandum from
Vice Mayor DeLong in regamd Eo this Tripartite. They were talking that
we should settle. The question about ownership is moot in view of the
many years of encroachment, but still would have to be settled by a
courE~ etc. In other words, we were getting some legal advice from
Mr. DeLong. He continued to read~ from subject memo - "In the interim
the City of Boynton Beach has no legal exit from its public beach, has
no legal parking area on the lower level south of the present exit.
What happens if the Town o£ Ocean Ridge decides to barricade this exit?
If the Town of Ocean Ridge decides to deed this parcel to Palm Beach
County then parking on the lower level south will be available to all
county residents.
I trust this advice is not accepted as just suppositions. I believe
someone has opened a beautiful can of worms. It would be advisable for
all members of Council who can find time to visit the public beach to
do so, and take a look at the surveyor's flags and/or markers and then
judge for themselves what the present situation is all about."
This was quite disturbing for several reasons - part of it was hogwash
and the rest of it was a lot of baloney. I didn't wane to bypass any
chance that there may be some truth, so I went and visited Mr. DeGange,
Manager of Ocean Ridge, a friendly visit, although Mr. Spano got in the
act for about 15 minutes, I don't know why. He is the Chief of Police.
Ateany rate, I had a nice talk with Mr. DeGange. He was in the audiende
during that February meeting.when he heard that we were not against
settling this thing with Ocean Ridge - that we were only concerned with
getting ~ decent agreement fro~ the CounEy.
I said it is upsetting to me to hear that there was some talk about
barricading the exits, ere. I said "if that is true, I believe it would
be proper for you to send a letter ~o the City of Boynton Beach if you
have those intentions, which hasn't come through. He said - actually
no one is shutting off the beach. When I started to read this memo we
MINUTES
SPECIAL CITY COUNCIL MEETING
FEBRUARY 25, 1975
Page 8.
received from Vice Mayor DeLong he said, "Oh, I have a copy of that.TT
I did not realize Ocean.Ridge was entitled to a copy of this type of
letter. He had it on his desk and showed it to me. This was quite
surprising.
Then, on February 14, which is very recent, we got a very hurry-up
letter from the County. Again Mr. Rutter here is Acting County Attor-
ney - he is in and out. The section I read ~As you are undoubtedly
aware the County must also come to terms with the City of Ocean Ridge
with respect to certain parking ~aeilitiesT:, they d ~' '
ezmnmtely said this
was not a condition o£ any tripartite agreement so they could not let
it stay. This was on February 14th.
On February 17th I had a call from a member of the County Commission.
He was quite interested in the condition here. I mentioned that I did
not like the idea of them treating us like a bunch o£ school kids be-
cause we happen to be the_$z~ largest city in the County - with close
to 34,000 population, with 16.000 registered voters. I thought we
should be treated like a city] We also have been cooperating with the
County in many instances. They are building two schools. No one has
questioned them about the sewers or the water. I think we have always
cooperated with the County. We haven't had any problems - we haven't
asked the County for anything - at least in the last 5 years to my know-
ledge. I told them - we had an exchange of ideas at that time, and he
gave a few of his and I repeated wha~ I have already said in the minutes
about this 99 year restrictive deed, about developing this land, about
the fact i£ we wanted to swap a piece of land for sewer facilities, etc.:
and I asked him ~Why ean?t the County deed this piece of land outright?~
He said T:I don~t know::. He didn:t know - he didn't see why they shouldn,t.
The fact remains that somewhere along the line there is a little deal
made as far as I can see, between some of these people - they were going
to have Ocean Ridge involved. And if they didn't make a deal - I'd like
to know about that. As far as the land is concerned to Industrialist
he said to ~orget it. There is no land being sold out to an invesvor
tha~ must be a rumor. 0£ course, this also applies to the closing o£ the
beach~ since I met with the Town Manager.
Now we are getting down to the final wire and we can all go home: since
we don't have time to debate it ~ith Mr. DeLong. ~' ~as om D~'~ ~
On Tuesday, the next day, the 18th, the Commission had a meeting. Mr.
Johnson at that meetin~ was recorded in the newspapers said the Commis-
sion must re-examine t~eir stand in regard to the agreement. Apparently
it was ~avorable in our direetion~ since I don~t think we asked for
anything unusual. And Tuesdaynight I reported at the meeting here that
the County had met and just about what was mead here - they would re-
examine it and possibly come up with a different type of Tripartite, so
we would not get le~t: as Mr. Wallace said, :~holding the bag.~: This was
Tuesday.
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SPECIAL CITY COUNCIL MEETING
FEBRUARY 2S~ 1975
Page 9.
On Thursday morning I was just coming into the office at City Hall,
met Mr. Kohl hurying in, and he said he just got a call - he was out
in the field and got ~ call on his 2-way radio that there were 2 men
in from the County Commission. One was Langer, the Attorney, and
Rollins, the Administrator.
Mr. Kohl clarified that Mr. Rollins was not in at that time. Mr.
Langer stated that he thought Mm. Rollins was supposed to be there
at supposedly what he called a meeting.
That's what I said - ii anyone wants to cut in I would be happy to
keep the record straight.
Mrs. Jackson said she would like to state for the record that while
the Mayor came in one door she eame in another, and she was~told by
Mr. Kohl's secretary - when I asked if~he was busy - that he was in
with two men from the County. Why don't you go in - so I went in and
sat and listened.
The Mayor said the meeting wasn't that long, but the fact of the matter
is they were sent down - the Administrator and Attorney Langer - if
there was any~hing to be done we would have our attorney there. They
~dmitted they were new to the entire situation - they just had a
smattering of it from some of these letters. They wanted to know what
the objections were and then I repeated everything that has just been
mentioned. They were here 20 minutes or so, and they took off.
Now, they also came out with some points that they felt the County Com-
mission would not go along - so they would take it b ack to them~ and
they would be the ones to make the final decision. What suggestions they
'did make were not insurmountable, because it was a question of give and
tske and everybody would be happy. They said they would report and see
if they could get this meetin~ set up with the County and City. ~ was
making a few notes to prepare-for our next Council meeting which will be
next Tuesday. Ocean Ridge was not mentioned - the whole thing had to do
with the County. This was Thursday.
Now~ Friday morning I attended a Chamber of Commerce meeting and I meE
Mr. DeLong. I told him about the unscheduled call and briefed him, and
I also said it appeared it was a step toward solving some of our prob-
lems if we can get the County Commission and the City Council together.
He assured me he would not have signed that agreement the way it was
because it was not acceptable. That was about the extent of our conver-
sation.
I came back to CiEy Hall and was in Mm. Kohl's offiee~ and we were in-
terrupted by a phone call. He said Mr. DeGange was on the phone, and
he was upset and wanted to know why he was not advised of the meeting
Thursday.
MINUTES
SPECIAL CITY COUNCIL MEETING
FEBRUARY 25, 1975
Page 10.
It would appea~n~o me that this was a pretty good case of circumstantial
evidence. Som~7'called me u~ and said he had gone over to Ocean l~idge
and informed them of what had taken place Thursday. He made a direct
trip aftem I had told him, and told Ocean R/dge what had happened and
stirred up, for some reason, Mm. DeGange. Mr. Kohl told him, I believe,
that Oeean R/dge was not involved.
Mr. Kohl: That's right, sir.
Mayor Roberts:- At this point I was stamting to wonder whether Vice=
Mayor DeLong was representing the City of Boynton Beach or Ocean Ridge.
At 12 o'clock that same day~ Friday~ we had a communication, and it said:
"To: City Manager Frank Kohl
Kindly supply me with a transcript of the minutes of the meeting
engaged in relative to the tripartite agreement by you, Mayor
Roberts: Councilwoman Emily Jackson, County Administrator Rollins
and Assistant County Attorney Langer at Boynton Beach City Hall
on February 20, 1975, a.m.
This meeting concerned and/or involved £utume official action.
If in the event no minutes were recorded, please forward a
summary of what transpired to me."
You have a summary of the entire case from start to finish - I told Mr.
Kohl I would give him the same kind of report we got on October 4th, at
which time he had a meeting with no minutes taken.
Anybody want to add anything?
Mrs. Jackson stated that she had been hearing about a Tripartite Agree-
ment sitting in the audience so the day she was sworn in she decided
she better get some information. So on January 7th I went to Mr. Kohl
and t~jhim I would like everything I could have from Central file. I
was of'the opinion when I was sitting in the audience that the 55 acres
had something to do with our sewer and water plant. I did not realize
there was going to be any 99 year strings attached. Also, I was of the
firm opinion that it had nothing to do with Ocean Ridge. ~ am still of
that opinion. If there is a aloud on it - we amc having a search made.
I don't think Ocean Ridge should enter into any agreement we have with
the County.
Mayor Roberts: I want to make just a statement. This particular report
was compiled and would kave been given the way it has been given whether
Mr. DeLon~ was here or not. Mr. DeLong was aware of this meeting and
as far as I knew up until I came in at 4:30 he was going to be here. That
is why everything is put on the record. I wan~ that transcribed in detail
and a copy will be given to him since he is entitled to one. There are
too many questions asked and at this partieulam time unanswered, and his
MINUTES
SPECIAL CITY COUNCIL MEETING
FEBRUARY 25, 1975
Page 11.
conduct: as far as I am concerned, is not in the best interest of the
City. He is apparently quite convinced that Ocean Ridge should get pre-
ferenti~t treatment in his activities. I don't understand what kind of
an agreement, if he has made an agreement, with George Warren or whoever
else was involved au that meeting when I was on vacation, but if I could
understand it then maybe I'd go along with it, but under the circunmtanoes
we now have an unacceptable agmeement as far as I~m concerned, and it's
come to my knowledge that we may be held to it - there~ll be no change.
I don't want to-make any predictions~ but the Connty Commission may say
they've put time and effort into it, and they won't change it, ~.so we may
get stuck with it, but we do not have to accept it. I don't ask. the
Council to make any decision at this point, since, ag~/n, we'll have to
wait for a letter from the ICounty since they had a meeting today. However,
some of the reporters m/ght be interested in calling some Df the Commission
up when they get home, and get another addition to ~he story. I'm just
throwing this open - I just thought I'd make the statements that I have
based on the letters and facts and comments - kny questions on the comments
or anybody else that was involved want to say anything?
Mr. Strnad: I would still like to know why we are proeeedin~ with an
appraisal on this property which Councilwoman Jackson had just said has a
cloud upon it.
Mrs. Jackson: That isn't the piece that
Mr. Strmad: Is it possible that this property that we're having appraised
would not belong to us?
Mrs. Jackson: This isn't the piece - is that the 75 ft?
? No.
Mrs. Jackson (?) I have the deed for that
Mr. Simon: The only parcel you asked me to have appraised was the 75 ft.
to the north of the Town Hall.
Mayor Roberts: That is definitely deeded to Boynton Beach, that's the
pmece that Boyn~on Beach definitely owns.
Mm. Simon: Yes sir, that's not the parcel that has any question about
title.
Mr. Strnad: Is this Council contemplating giving that land to Ocean Ridge?
Mayor Roberts: At this point I don~t think the Couneil is conremplatin~
anything - we can take a vote on it - if anybody wants to make any motion.
This is a meeting where motions are acoept~ble~ so if anybody wants to
make a motion, but I would hesitate to do anything until we get it in
writing ~rom the County. As I say~ I have also got some type of informa-
tion that the County Commission at this point, with all the effort and so
forth that has gone'into this thing~ may ask us to accept the agreement
MINUTES
SPECIAL CItY COUNCIL MEETING
FEBRUARY 259 1975
Page 12.
as is. You know, with all the strings, and which is no damn good as
far as I'm concerned because the original intent of the land was so
that we could use it.
Mr. Strnad: If we're not ready to give them the land, why are we getting
it appmaised?
Mrs. Jackson: I think that this
Mayor RoberTs: Mr. Strnad, I don't think that's an issue right now -
we too~ that up at the Council meeting and I think that if y~u read this
letter, which is, I think required~ we should appraise it~ according to
the Charter, even if we're not selling it - in a sense we may have to
sell it, we may want to sell it later. It should be appraised and I
don't think it's any issue.
Mr. Strnad: At how many year intervals?
Mayor Roberts: What do you mean intervals? We're engaged in a swap here.
Mm. Strnad: What ITm talking about is, if you have it appraised now, and
you don't get rid of it for ten years, the value certainly isnTt going to
be the same ten years from now, mad we have wasted that money to have it
appraised now.
Mayor Roberts: Wall, as I say~ you 2anTt very well make a motion and say
let's stop appraising it - we don'n know what action the County Commission
takes and we can't poll -
Mrs. Jackson: That's the deed to the 75 ft. Tereesa has these down in
her office.
Mayor Roberts: As Mr. Moore says, the other section ~lso ~oes not belong
to Ocean Ridge then I don't see any problem, as you say.
Unless you want to make a motion depending on the results of the County
Commission meeting. If you want to refuse it then we can discontinue with
the appraisat~ However, if they want to make some chan~es and we want to
accept it. However, we are only acting on supposition ~nd Z don't think
it is a very good idea myself.
Mr. Strnad: Wishing to comment on the discussion you brought forth there -
the day of the meeting between Mike Small, Mayor Volpe, Mr. DeGange~ Mr.
DeLong and Mr. Warren - it was told to me by the City Manager which I
imagine will back me up on this that Mr. Warren entered his office and
proposed that if we were to allow a certain indusErialist to get some
acreage there we could get this deal consummated without any trouble
Is that somewhat close to what - '
MINUTES
SPECIAL CITY COLbNCIL MEETING
FEBRUARY 25, 19YS
Page 13.
Mr. Kohl: Mr. Warren entered ray office and as I told you and some of
the other Council, I think everyone, he did shut the door and asked
me what I thought about selling so many of the acres to an industri-
alist. I told him as far as I was concerned I did not want to ta~
about it in my office - I did not want to hear about it - inasmuch
as I'm working for the City of Boynton Beach as City Manager. There-
fore, it ended right there.
Mr. Strnad: I just wanted to bring that forth to show you there was
an attempt on the part of someone to get some property for someone else
in that particular area.
Mayor Roberts: Well, we have a meeting next Tuesday. That will give
us a week to sEew in this stuff and see whaE comes up. I hope the n~n-
utes can be recorded and a copy sent to Mr. DeLong so he will be ready
for next Tuesday's meeting. I hope we can get some answers to some of
these questions and some of the activities because to me, I'd like some
of the answers myself.
Mr. Harmening: So that something very positive may come out of this
meeting - briefly~ and as a statement of background as to why we were
interested in this piece of land at the time we were You touched
on this very briefly - when we were negotiating with Delray in regard
to Regional TreaEment Plant we didn't know whether our negotiations were
going to be fruitful or not.' We thought if we could acquire this piece
of property we could build our own treatment plant down there if the
occasion called for it. after the regional plant de al was consum-
mated with Delray, we are ~[re, at least I hope we are aware, that
shortly, when the first addition is built on the new regional plant it
will be time for - we will have to have some additional land in order to
build the first additi on to the new regional plant which was originally
projected to be in about 2 years. In other words when the new regional
plant was finished it would be time to go ahead and plan - between the
planning and the actual letting of the contract t suppose it will be
approximately a year after the plant is completed we will have to expand.
In order to do this we will need some more land. The 28 acres that
Delray has is insufficient for the next expansion. We still considered
the possibility of securing this 55 acres and~ since it isn't immediately
adjaeent to the Delray location, we thought that possibly it. would be
advantageous to the City of Boynton Beach to be able to acquire this land
in such manner that we could trade, swap, bargain approximately 20 acres
of the land ... for our own site which would be very advantageous for the
regional Treatment plant. Whether we acquire this land or subsequently
find we have to acquire the other piece of land. Due way or the other
whether we get this land or don-:t we will probably have to purchase or
swap something to acquire land adjacent to Delray~s plant for oum parti-
cipation in the expansion. I think it would behoove us to continue
negotiating with the County in a positive sense to'acquire this 55 acres
of land and to acquire at least ~ portion of it, possibly 20 acres, in
such manner that wouldn't prohibit us making a swap. I~m finished - I
think that:s clear.
MINUTES
SPECIAL CITY COIiNCILMEETING
FEBRUARY 25, 1975
Page 14.
Mr. Kohl: I received a phone call today - I wasn't going to say this
until I got it in w~iting~ although the Mayor knew about it beoause
he happened to be there. Also, when I reeeived a call £rom Attorney
Longer today - right after the meeting - There will be no changes in
the Tripartite Agreement with the County - they will not bend over for
Boynton. They will go with Ocean Ridge -'I mean the same way we have
been to/king. There will be no swapping of 20 acres with anybody else.
It will remain with the City of Boynton i£ you want that SS acres.
Mayor Roberts: Anybody want to make a motion?
Mr. Harmening: This is not a motion - ~ would simply say this is the
ballgame at the present time, and when the ba~l is in the other field
tomorrow or the day ~fter, and the other team is up ~o bat or something,
I thim~ we should continue to pursue this - perhaps on a low key but
pursue it in one £ashion or another° I do think that some of these dis-
cussions we have gotten into ~ith all parties have been counter-productive
to our own best interest. Dontt misinterpret me - I am not referring to
this meeting tonight. I am speaking - some of the things that have gone
on in regard to this attempted acquisition in the past.
Mr. Kohl: I might mention, Mm. Mayor, that the only reason ~I have not
spoken about the conversation I~had with Larry Longer today - if you will
recall I said to Larry Longer that I would like not to divulge anything
inasmuch as I want it in writing. ~ donTt like heresay.
Mayor Roberts: I cantt see anyone putting a noose around a takpayerTs
neck for $S00,000 for a park. We would like to have that section, we
would develop it if we could do something with the 20 acres as you men-
tioned, but since we don~t have anything to say about the 20 acres it
would be kind of ridiculous to get involved in a half million dollar
project and get nothing out of it. Everybody could enjoy it including
the County~ Delray and everybody else. I happened to meet a man from
2harter World today and I ss id something about a hassle on the S5 acres.
and we wanted to put a park up there, and he said -"what is the matter
with the 20 acres we gave you - you can develop it" - So we man have a
park down there if we want one.
Mr. Harmening: At such time as the Regional Plant is nemring capacity
and the enlargement is being contemplated by various developers in the
area. Assuming nothing happens to this 55 acres in the meantime
the County will quickly see their way clear to making part of it avail-
able to us for this purpose.
Mayor Roberts: I believe you are an optimist, Mr. Harmening.
Mr. Wallace: I am not going to go back because I think it has pretty
well been covered but as ~ar as a suggestion - why not take the property
~hat we have a clear title to and there is no problems - go ahead and
develop it to the best interest o£ this City. If you start moving in
that direction I think it will be one time that we won't have to go to
MINUTES
SPECIAL CITY COUNCIL MEETING
FEBRUARY 25, 1975
Page 15.
Mr. Wallace, cont'd: the County - the County will come to us as well
as other individuals to wbrk out the agreements. That is simply a
suggestion for this thing has been in a hassle for years and years. As
Ear as Oee sn Ridge is concerned I don't think you are going to get an
answer until it is answerable~im coumt. But those pieces of property
that are £ree smd clear as far as deeds are comeerned - go ~head and
~evelop it.
Mrs. Jackson: Develop it or sell it?
Mr. Wallace: I cannot see any municipality putting up land - land today
is a precious commodity, and looking way down the road, or down the line,
as to the interest of the City - I don't think it would be in the best
interests of the City to come up with the possibility that we were going
to sell any property which the City owns. In fact, I think there is a
resolution - at ~eaSt several years ago it was passed by Council, even to
a small parcel of ~and in the north end of Boynton - it happened to be a
triangular piece o~ land~ and we voted at that time and I think it was
only maybe 75 yds. Ur 100 x 35 to develop it even to that area as far as a
park is concerned. I think we should abide by that resolution. Thank you.
Mayor Roberts: I want to chew on that for awhile myself. Anybody else
have anything to offer?
Mr. Simon: I assume~ by what is going on here, you wan~ the last action
to be pursued in regard to appraising that one parcel. If you want me
to put a~ hold on it I can do that.
Mayor Roberts: ~aat is your pleasure, Lady and Gentlemen? Shall we go
ahead with that particular piece we own and have it appraised in ease we
do have some idea of selling it or utilizing it? We can sell it to Ocean
Ridge you know.
M_rs. Jackson: We have =o put it up for bid.
Mr. Simon: The reason I brought it up was - Mm. Wallace j mst mentioned
selling it and I just want to touch back before it disappears under the
smoke. If you plan to sell it there are certain procedures set up in
the Charter - one~o~ which is that an appraisal would be paid for by the
prospective purchaser. So if someone wanted ~o buy it the appraisal
would be at his expense. If you want the appraisal of this parcel to
guide you in detern~ning what to do with it at this time, then of eou~se
we can go ahead with the appraisal. '
Mayor Roberts: Since we have the bad news in a sense, that the County
won't change their position in it. Incidently~ Mr. Kohl, I would like
a report of those minutes to see who voted for and against this.
Mr. Kohl: I have asked for that~ sir.
Mayor Roberts: ~laen I said 16,000 voters, I wasn't kidding.
MINUTES
SPECIAL CITY COUNCIL MEETING
FEBRUARy 25, 1975
Page 16.
Mrs. Jackson: I believe it might be in our best interest to go ahead
and put a hold on this. I therefore make a motion to hold up on the
appraisal of the land north of Ocean Ridge Town Hall. 2nd by Mm. Strnad.
Mayor Roberts: I was about to suggest that we do that, we do that -
sinne we have - we don't know where we're going we don't know what the
County is going to do and we may have to start all over again possibly
maybe later on.
Mr. Harmening: One question while we're discussing this - have we
incurred any expenses to date in appraisal?
Mr. Simon: Well~ we have an appraisal by the same appraiser in the past
and I'm sure he would not impose a charge at this early stage, particu-
larly if we can assure himthat~z~' r we decide to go into appraisal at a
future date he would have that opportunity.
Mayor Roberts: Would it be in conflict if I asked somebody that I knew
just to appramse it more or less, just for matter of information~ and
not for anything else?
Mr. Simon: I think anyone and ~a~y member of Council can inquire amon~
friends and associates just for your own thinking, just like asking w~at
do you think about i~? What's going on?
Mayor Roberts: Right - Would the Council go along with the suggestion
that I happen to know someone in the business and there would be no
charge To the City and it would give us, if he is an appraiser, doesn't
have to be official, just to give us an idea what that land is worth?
Mr. Simon: Certainly, let me caution you because this is in discussion
I think any appraisal obtained slong those lines should not be presented
to Council as an official appraisal.
Mayor Roberts: No, this is not the purpose, it's just ~or our own infor-
mation. In fact, if you think it should be done unofficially -
Mr. Simon: The point I want to make here - if you ta3_k to someone and
he gave you his thoughts, it would be for your individual thoughts -
not to present as official
Mayor Roberts: No - It won't be presented at any Council meeting here.
Just as I say - I'd hate to have somebody around'there doing an ~ppraisal
and they g~ab them and say what are you doing here, and they say someone
told me to do it. I think he should be protected on that basis, if
someone questions what he's messing around for.
Mrs. Jackson:- Mr. Mayor - Before I vote on this, here's something
would like to add after this.
Mayor Roberts: We can vote it up and as Mr. Simon pointed out this is
~ot to be used except for personal information only - is that under-
stood?
Motion carried 4-0.
MINUTES
SPECIAL CITY COUNCIL MEETING
FEBRUARY 25, 1975
Page 17o
Mrs. Jackson: I would like to say if this wasn't even a meeting -
it was 2 men came dowm for information and I sat there. I didn't do
any talking. I letMr. Roberts do the talking and I was a listener
for a change - until one point came up that when Mr. Roberts wanted to
know what this had to do with Ocean Ridge and the remark was made that
they wanted to settle a long standing feud, and before they could get
any further than that I said '~Just a minute." I said 'rthere isn't
anything that is going on between Ocean Ridge and Boynton Beach that
we ean?t sit down and talk about over a table and work sue ourselves.?'
t wanted that for the record but that~was the only thine that I did say~
and I still think we can work something o~t with Ocean ~idge.
Mayor RoberTs: Any further business?
Motion to adjourn the meeting made by Mrs. Jackson, seconded by Mr.
Harmening. Motion carried 4-0.
Meeting adjourned at 6:10 P. M.
ATTEST:
CITY OF BOYNTON BEACH~ FLORIDA
Mayor
Vice Mayor
C~cil Member
(~RL~rl'ti cCC !k~OORE
February25. 1975
Honorable David Roberls
A~ayor. City of ]3ofynton Beach
city gan
P. O- Box 3!0
Boynion Beach~ Florida. 33435
3Re: Tripartite Agreement - Palm Beach Cotmty- Boynton
Beach - Ocean Ridge
Dear Mayor Roberts:
Supplementing may prior correspondence to you regarding the above-captioned
matter. I would like to more clearly state, for the record, my ob3ections
to lhe proposal:
(a) To my know/edge, there has been no fair market appraisal obtained
from an independent appraiser as to the respective Values of the parcels
involved. Nor has there been an opinion oblained from a competent title
examiner as to stains of title to subject parcels. Both of the abc~e steps
%vouJd appear to be elementary in connection with a transaction of this
nature. In this re~ard, from prior title exalr~inations, it is my opinion
lhat the Town of Ocean Ridge has no valid title or claim to the so-called
Casino Parcel to %vhich it is relinquishing its' alleged ownership to
]~oynion Beach.
(b) There is a pressing immediate need for additional parking facilities
a% our A~t~nicipal Beach facility, and it is my understanding that if ihe
Town of Ocean Ridge acquires title to the parcels lying adjacent to its
Town Hall, that Ihey do not intend to allow the ~se of said parcels for
public parking comuected with the beach facility.
(c) I question the legal authori~- of the City of Boynton Beach to convey
lis assets to the ~rown of Ocean Ridge without o3nsideration or compliance
v.?i!h lhe specific re~qu/reraents of our A~unicipaI Charier.
(d) As a taxpayer of the City of Boynton Beach, I take vehment objection
to that portion of the proposal which would require the taxpayers of our
City to develop, equip and maintain the 55 acre proposed park parcel.
Honorable David t~oberts
Page Two
February 25. 1975
The area in quesiion i~ far removed physically from the majority of the
residents of our City and would more appropriately serve the City of
~y Beach ~d C.o~ty residents in general. I would suggest thai
wo~d be much ~o~e equitable for the Coun~ to rela~ this area and
t~ ~elop and ~u sa~e at its e~ense~ if lhe area is Ludeed
~ed for r~i~t pu~oses. The above option ~ more
~r~ously fo~ied ~ the tighi of lhe fact ~hal ~he Coun~ recently
p~ed its $50 ~on ~ond issue for acq~si~ion~ development and
~en~ce ofp~ ~d ~ecmea/ionat land. and i~ ~o~d be doubly
~ble for ~e r~sidenls of our City lo be meq~red to pay for ~he
~;etop~eni ~ ;~~ee. of a Co~ park ~ea and ~ addition,
be ~q~ired lo pay d~l ~ce for ~e~ire~en/.of s~id bon~s. More
~er, the ~a3~i~ :of ~ur residenls and l~pay~s ame retire~ persons
~v~g ~ a f~ed ~Co~e. ~d ~ho generally meside ~ Condo~i~ areas
w~h ~wn and ~I~ ~e~ own recreation f~c~ilies~ The p.lace~en%
~f ~ ~diiio~ ~ b~den ~on ihese mes~enis !o develop ~ud ~a~tain
~eerea~on a~. ~m general Coun~ usage ~ palenily ~conscion~le.
(f) ~ have also reviewed all ~ie aciion ~ken by o~ Ci~ Co~cil
co~neclion ~i~ ~ ~al/em and Co,clean DeLong has repeatedly
spr~ed lhe ~s~ss~n wiih a ~reai lhal ~ ~he Ci~ Co~c~ did
~oceed i~e~tety lo accept and approve ihe ro osed ·
w or ...... ~==n ~ ~us~rla~s~ and several
Co~ Co~ioners for an exchange of a large poriion of ihe 55
acres." I am aot perso~lly fa~iar with ~e s~ius of iitle lo the 55
aere ~ac/, h~ever, I ~'ould feel safe ~ ass~g l~t title io same,
~as obeyed ~ ~e C~n~3 lhrough prior ~ foreclosure proceed~gs and
~ ~e use ~-e~-~ould be resiricied to governmental pu~oses. %vith
the res~i that Co~i~an DeLong's ~la~malory red,ks would appear
lo be ou! of p
GA.I:pm
cc: ]~obert Rollins
C~yanty Adr~Jaistra~or