Loading...
Minutes 04-16-74MI~k~ITES OF REGULAR CIT~ COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, PLORIDA~ HELD AT CITY HALL, TUESDAY~ APRIL 16, 1974. PRESENT Joe DeLong, Mayor David Roberts, Vice Mayor Edward F. Harmening, Councilmen Forrest L. Wa] ]ace ~ Councilman ~S~T Norman F. Strnad Prank Kohl, City Manager Ernest Simon~ City Attorney Tereesa Padgett, City Clerk Mayor DeLong c~1 ] ed the meeting to order at 7: 30 P.M. He asked the audience to ~ise for the invocation 9-iven by City Manager, Prank Kohl, followed by the Pledge o~ Allegiance, led by Councilman Edward F. Harmer.~ n9-. Announcements Mayor DeLong referred to a telephone e~l] he received from Mr. F. C. VanDeusen, who was not present this evening, but wished to commend the Police Department for the splendid job they are doing on 22nd Avenue. Mayor DeLong then complimented the efforts of Mrs. Clariten, ~o sub- stituted for M~s. Padgett at the Council meeting of April 2: 1974. Compliments were also extended to the City Menager~ Supervisor of the Building Maintenance Department and his mens Mr. Frederick, Recreation Director and Beach Attendant~ Chief Spano~ for the exee~!ent job done during the oeren~ny in recognition of Nathaniel Reed, Assistant Secretary of the Interior, held at the beach on Saturday, April 6th. Mayor DeLong also complimented the Council on the turnout of its entire membership o Mayor DeLong read a Proclamation proclaiming the week of April 21-27 1974 as Secretaries Week and April 25th as Secretaries Day. A second Proclamation was then read by the Mayor commemorating the week of April 21-27~ !974 as National Library Week and April 24th ~as Library Day in Boynton Beach. Mayor DeLonu announced that he received word from County Commissioner, George Warl~_u~ that Mrs. Frances Fry has been appointed to the County Land Use Advisory Board. He congratulated her and then presented her with a Plaque in reeog~z[tion of her aetivlties as Chairlady of the Community Appearance Board. Mrs~ Pry thanked present and former Council members for their help and in particular~ ~h~. Wallace. ¥~NUTES Regular Meeting - ~pril 2~ 1974 ~dTES 0F REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL, TUESDAY, APRIL 16, 1974J Mr. Harmening referred to page 15., line 5 -- the word ~'six" should be substituted for '~sic.'~ Harmening moved that the Minutes of April 2, 1974 be adopted as seconded by Mr. Roberts. No discussion. Motion carried Strnad being absent. PUBLIC AUDIENCE Mayor DeLong said i~ anyone in the audience wished to speak on an item on the agenda, his or her name should be given to the City Clerk to be called when the items comes up. A~ter the public has spoken on the item in question suud it is pu~ to the governing body~ there will be no discussion by anyone other than the members of the Council. Mayor DeLong then turned the floo~ over to Mr. Wallace, who wished to make an announcement. PL~. Wallace said the F~yor and Council members were aware of his forthcomin.g announ~t~ but in view of questions that arose in the past~ he wished to make it a matter of public reco~d for the benefit of Council end. the citizenry that he is now an active real estate salesman~ registered with the office Of Hank Thompson. Mrs. Emily Jackson, 728 N.E~ 9th Avenue, said she was not speaking as a member of the Planning & Zoning Board~ but as an individual wishing to see Boynton Beach get all the tsxes it can. She then referred to property that was annexed to the City during the time she was a member of Council in 1970. A map was placed on the 51ackboard and Mrs. Jack- son pointed to the property annexed in March, 1970. She referred to property that was to be developed into a shopping center similar to Pompano Fashion Square s_nd built by the same people -- approximately 100 acres. The location was identified to be south of the ITV station on Congress Avenue in the area of 15th Avenue when it's cut through. Mrs. Jackson then referred to a section of property which came before the County Zoning Board last week. She said the front pa~t of the property which fronts on Congress wasn't even Deing considered. After some further comment about the property in question~ Mrs. Jackson ferred to certain portions of the Regional Impact Study made by the County from which she quoted. She said there was quite a bit of dis- eussion at the Zoning Bosrd meeting concerning the impact of develop- ment on Boynton roads ~ adding that Old Boynton Road would have nothing done to improve it. She wished to know if Council wished to go on record as opposing the County's act/On and asking for the shopping center where the taxes would be accttb~d to the City -- or would Council be willing to accept the cue in the C~unty? Mr. Wallace pointed to item ~D~ under: OLD B~SINESS on the agenda re- garding a discussion of annexation and said he will propose that the City of Boynton Beach annex everything east of the Tux~apike, thereby extending its boundaries as they presently exist from the no~th to the south, which would' also take taxes into consideration. Mrs. Jackson noted that the Impact Study stated out of 160 ae~es, 103 MI~UdTES OF REGULAR CiTY COUNCIL MEETING OF TP~ CITY OF BOYNTON BEACH FLORIDA~ HELD AT CITY HALL, TUESDAY, APRIL 16, 1974. acres would be developed leaving the eastern portion of the property undeveloped except for three roads to the pa~king area due to poor soil condition. After clarifying that the discussion was not referring to the Meadows Mr. Roberts asked if this property was in the County and Mrs. Jackson sa~d yes. Mr. Wallace said there was no official overture to the City as far as the Cou~ncil was concerned (regaz~ling arnnexation). Mw. Roberts asked if the property south of ITV was in the City now with a shopping center anticipated and Mr. Wallace said when it came before Council four or five years ago~ it was asked to be annexed for a speci- fic pu~pose= which was a shopping center. He said 85 or 89 acres were planned for the shopping center and the remaining 100-odd acres behind was for a multiple family purpose. This was all taken care of ~en they came into the City and it is now actually part of the City. There was then some discussion concerning correspondence that Council had received, clarifying that the shopping eente~ was to be simila~ to Pompano Fashion SQuare and less than a year ago, Council extended the developers time. Mrs. Jackson pointed out that in 1973 over $109000 was paid in taxes on the raw land to the City of Boynton Beach. Mr. Roberts asked what the connection was between the piece of property in the County and the piece in the City. M~s. Jackson said nothing other than she wished to know if Council felt the City could handle two shopping centers that Would be less than a mile apaz~ of such magnitude. The north one -- the one before the County -- is to be twice the size of the Palm Beach Mall~ the one in the City is going to be at least the size of the shopping center in Pompano. Neither of them is sma,] ] and Mrs. Jackson asked what would happen to the roads and other areas if both centers were in existence. Mr. Ed Dully, Jr. and his partner, Chuck Fronrath, representing Duffy- Pronrath, Inc. said they represented Farbar and Sears both in the acquisition of the land which immediately e~e into the City of Boynton Beach. They wanted to be part of the City and have been paying taxes since 1970. At the end of January this year, they sent a letter to council stating their views as to the near future regarding construc- tion of the shopping mall. Mn. Dully gave Council some brochures about the Pompano Fair Shopping Center and explained that this was tb~ magni- tude of the shopping mall planned for by Mr. Farber. Mr. Dully said that Mr. Farber is interested in the City and he has sent letters to Council from Sears and HoMart (a subsidiary of Sears), stating their views as to the near construction of this shopping mall. Mr. Dully said it's up to the City if there is to be one mall as he felt the City cannot take two malls. If Mr. DeBarto!o comes in, Mr. Father will have to back off or vice versa. He added that when the lend was purchased, Sears-Roebuck took title to 100 acres and Pompano Fashion Square is on 60 acres. He said Mr. Farber~ who developed Pompano Fashion Square: and Sears-Roebuck said this would be one of the -5- MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CI~/f OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, APRIL 16, 1974. finest shopping centers in the country and Pit. Dully ¢omps~ed the Palm Beach Mall to Pompano Fashion Square. ~. Dully noted that in 1970 Mr. Father ar~ Sea~s were interested in g~tting into the City and Mr. DeBa~tolo and the County were not. He felt that there was an obligation to the City and that the City has an obligsi~Lon to Mr. Father and Sears. Mr. Harmening asked for the date that the County Commission meets ~ the Zoning Board to give approval and he was advised it was April 25th. Mrs. Jackson noted that this property was only en option and Mayor DeLong felt this was something for the County Commission to be concerned with. Mr. Duffy said it took Mr. Father and Sears six months to pick a spot that would be ideal for the t~a~fie flow -- there is 1-95 and 15th Avenue, Boynton Road -- State 804 with exits to both ~oads with a continuing complete flow of traffic which he felt the City should be interested in. Mayor DeLong said the City had its Chairman of the Planning & Zoning Board go up there and 'if permission for permit is to he 9~anted, it is goir~ to be with the strict guarantee that the appropriate roads would be cut through and this was his understanding. He said that although the City needs and would like to have the taxes~ it seems as though there has been a definite laxity with this four-year wait. Although he had friends on the other side of the fence, he would not let this deter him from using his best judgment within the limits of Council's jurisdiction. Regardless of what the City may want~ Council doesn't have the right to tell the County Commission or Area Planning Board what to do. Mayor DeLong felt that Mr. Father's project didn't get off the ground and it appears to b_im to be a battle of n~s and he didn't want to get in the middle. Mayor DeLong then read a letter addressed to him from the head of Sears: dated January 26: 1974, adding t~hat all Councilmembers and the City Manager were sent eopies~ even though the letter was marked ~'oonfidential~,~ as he felt this was his duty. The letter stated that Sears' interest in developing the shop- ping center was just as keen today as the day the land~ was purchased and it was hoped construction ~ght beg~ early next year. Mayor DeLong felt this was done in good faith, but if anothe~ concern outside of the City has the funds and gets the approval, he didn't see what the City could do to stop them. He added that in reply to newspaper in- quzr_z, es r.ega~d~ng the Mayor s f.~eetzngs about how the shopping centers would wor~ OUt, this was not his concern. The corporations employ t~gh priced consultants to adviae them and Mayor DeLong felt this situation should be worked out by the people involved in the shopping center field. Mr. Harmening felt it would be to the City's interest to have a shop- ping center within the City, rather than one in the County in%mediately adjacent to the City. He noted the DeBartolo people were apparently opposed to bein~ in the City and for that reason he prefers to see - 4- C MINGTES OF REGULAR CITY COUNCIL P~ETING OF THE CITY OF BOYNTON BEACH~ FLORIDA: HELD AT CITY HALL~ TUESDAY, APRIL 16, 1974. Father interest developed which is already in the City. He felt if Council desired, a Resolution could be sent to the County stating the City's feelings one way or the other. ~. WAllace s~.d the two shopping centers have no bearing on the item referred to earlier which he has on the agenda regarding annexation -- noting that it was a request he made a yea~ ago and also four years ago. He ssid the DeBa~tolo tract of land is approximately 1,000 acres and they have spoken of only a small portion of that type of property. When someone develops less than 100 acres, it doesn't have to go before an Impaet Study~ but can come in the ~back doo~~ through various agencies. He questioned what might happen to the rest of the property if the City doesn't have control ove~ it. He felt it would have a ma~or bearing as far as utilities and noted the a~eas to be aonsidez~d if the parcel in question was devel~?ed by the County, such as interim sewer plant, water plant, etc. Pacilities would have to he provided and the closest place would probably be BoyntonBeach. He noted that the City could be receiving a great amount of revenue from Drexel which it isn't. Mr. Wallace felt t~hat what is best for the City should be considered along with free enterprise. He questioned the County's agreement on number of units per acre~ He felt if the City went for annexation and stated what the densities would be in those particular areas, it would have a bearing on the building of a shopping center. He added that it was specifically stated that there was no interest in coming into the City of Boynton Beach. Mayor DeLong felt if Council tried to stymie them and then take them into the City~ it would be hypocritical, therefore, the Council was in the middle. M~. Waltaee didn't feel that he was in the middle. If the developer in the 23rd area has gene through the process of pulling these people together, they are way above and beyond the planning stage and are looking to start within a year to build. If the City annexes, there are ee~tain conditions which people coming in will have to meet as far as the City is eoncerned. He said it appears that the developer in the County does not want to come into the City and he is approximately t~vo years away from development of the shopping center. Therefore ~ whoever beg/ns working sooner will come out on top. Mr. Roberts said he was in wholehearted support of having a shopping center and referred to his comments of t~;o years previous about the need for one since the citizens were spending their money in other municipalities. He didn't know what could be done about the traffic problem: but felt there was definitely a need for a shopping center. Mr. John Stevens, 715 N.W, 4th Street, was concerned about the Community RelatiOns Board and noted that $100 of Revenue Sharing was to be spent to find out the extent of the drug problem in Boynton Beach. What could be done about it could be settled afterwards. - 5 - MINUTES OF REGULAR CITY O0~NCIL ~ETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, APRIL 16~ 1974. Mr. Kohl said he had a meeting today with Mr, Lisy of the Community Relations Board and Mayor DeLong recommended that on problems such as this, particularly when .agreed upon in oommittee~ it be checked out through the City Manager. Mr. Stevens explained that Mr. Kohl had been out of town and this was b/s first opportunity to learn any information. Mr. Stevens asked if there was a possibility for the swimming pool to be open all year round to accommodate the children out of school who have nothing to occupy their time. Mayor DeLong noted that some time had to be taken out fo~ some repairs and Mr. Wa]]ace also had something in mind regardinq the pool %~lich resulted in instructions to the City Manager that when this season is over: Mr. Wallace would bring the m~atter up~ Mro- Wallace said he still has the desire to see an Olympic size swimming pool within the conf'~nes of Boynton Beach and he hoped this project would get off the g~ound solidly within the next few months. A~ter some further discussion, Mr. Wallace asked that the City Manager work administratively With the possibility that as soon as the pool can be opened, it remain open as long as possible. Mr~ Kohl said some work was just done there and he would look into the matter. Regarding drugs, Mm. Wallace thought that probably there would be an approach made tothe City from some People in nearby related areas that are aware of this type problem throughout two or three communi- ties and he was sure that overtures would be ~de to the City that would answer the problem which Mr. Stevens has brought up this evening. He said Council would then have enough information to proceed along these lines. Mr. Ha~mening advised the Mayor that thers were two public hearings scheduled for 8:00 P.M. and it wa~ almost 8:20. Mm. Ha=mening moved to suspend the regular order of business and proceed to item V, P~BLIC HEARING, seconded by Mr. wallace. No discussion. Motion carried 4-0. PUBLIC HEARING Benjamin Cain by Walker Cain - Conditional Use for Church Mm. Kohl referred to his letter for the agenda and all pertinent in- formation attached thereto which was before Council. He said this p~oposed church is in an R-lA zone and churches are permitted in an R-lA under conditional use~ but in order to obtain ~conditional use~ there must be a Public Hearing by the Planning & Zoning Board and their recommendation. The ~einutes of the P ~ Z Board meetiug of April 9, 1974 were also attached to the material before Council, indicating approval. Mayor DeLong asked if anyone in the audience wished to speck in ~a~O r of this request. Ben Cain: !100 N.W. First Street, said he £avors granting of M!NItTE$ OF REGIILAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL, TUESDAY, APRIL 16~ 1974. conditional use for the new Mt. Zion Baptist Church. Mr. Walker Cain, 201 N.E. 12th Avenue, spoke in favor of the above. Mm. Wallace suggested counting the number in the audience in favor and it was to he recorded that 12 people raised their hands in favor. Mayor DeLong asked if anyone in the audience was in opposition to the request. No reply. Mr. Halwnening n~ved that the meeommendation for approval by the Plann/ng & Zoning Board as reflected in their F~inutes of April 9th~ 1974 in regsmd to 9~anting conditional use for a chumc/~_ at a specific location, be granted to the Mt. Zion Baptist Church4 Mr. Wallace seconded~ noting that no one spoke in opposition. ~. Simon then read Ordinance No. 7~-12 dn first reading -- An Ordinance of the City of Boynton Beach, Florida, ~mending Ordinance No. 62-9 of Said City by Granting Conditional Use for Construction and Operation of a Church on Lots 160 Through 168 Inclusive, ete, Discussion ensued regazding procedur% followed by Mr. Harmening with- drawing his previous motion and Mm. Ws]]ace withdrawing his second. Mr. Ha~mening then moved to adopt Ordinance seconded by Mr. Wallace. No discussion. Mrs. roll call vote as follows: 74-12 on first reading, Padgett conducted the Councilman Harmening - Aye Vice Mayor Roberts Aye Councilman Wallace Aye Mayor DeLong - Aye Motion ca, tied 4-0. Abandonment - Revington Easement - City of Boynton Beach Mr. Kohl referred to his letter for the agenda advising that all requirements have been met regarding this abandonment. Department- heads have advised that they have no objections to the abandonment and the follo%~ing organizations had no objections or interest in the proposed abandonment: F!o~ida Power & Light Co. Florida Public Utilities Co. Department of Transportation Southern Bell Tel. & Tel. Teleprompter Mayor DeLong asked if anyone in the audience wished to speak in favor of this abandonment. Mr. Tom Clark, City Engineer, ss/d the Engineering and ~tility Depart- ments requested this abandor~ment in pursu/t of the sewer extension MINIIfES OF REGIILAR CITY COhRkTCtL MEETLNGOF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, APRIL 16, 1974. contract. Mayor DeLong asked if ~uyone in the audience wished in speak in opposi- tion. No reply. M~o Simon read Resolution No. 74-0 -- A Resolution of the City Council of the City of Boynton Beach~ Florida~ Vacating and Abandoning Certain ~tility Easements~ etc. M~. Roberts moved for the adoption of Resolution No. 74-0, seconded by M~. Ha~m~ruing~ Under discussion, Mr. Harmening asked fort he location of the ReVington easement and when did the City acquire it. M~. Cia~k said that BiltPlushinq was more involved in this than he was~ but this property was ~ust south of the Gardens and this was a technicality · n? it had gonethroug~.a ~ange in ownership -- to give the City amo~ner ~.asement.supersed~a~g~h~present one~ This is a similar ease- ~ent to rRle one in existence wkich is to be abandoned~ but it is to rne same sewer. Mrs. Padgett ~Ondueted a r011 call vote as follows: Councilman Ha~mening _ Aye Vice Mayor Roberts Aye Couneilman Waltace - Aye Mayor DeLong Aye Motion carried 4-0. Mr. Harmening moved to return to the regular order o~ business, seconded by Mr. Wallace. No discussion. Motion ca,tied 4-0. PUBLIc AUDIENCE (Cont'd) Mr. Dubin of Village Royale, thanked the Building Department and Council for pushing the builders to do better work on the buildings whieh have been faulty and the improvements are coming along. Me then appealed to Council for assistance in the q~owing need of police protection due to vandalism. He noted that Florida Power g Light had put in the necessary lights, but spoke at length about the need for added protection. Mayor DeLorzj noted that approximately a month ago the Chief of Police was granted permission to employ tw~ more patrolmen, a detective and purchase a car, with the new employees hired to specifically make the rounds in the new developments. Mr. Kohl concurred. Mayor DeLong sympathized with this problem and noted there were similar problems all along the Coast and he stressed the efficiency and competence of the City's Police Dep~ment. He added that on June 1st the Cb/el is going to form an aUXiliary with a group of approximately 20 youngsters who are interested in pursuing law enforcement as a career. Although there is no concern for salaries~ the City will have to supply them with uniforms and hardware equipment. He gave assurance that every- thing possible was being done to relieve the present circumstances. - 8- MINI~FES OF RE~L[LAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLOP~DA, HELD AT CITY HALL, TUESDAY, APRIL 16~ 1974. Mr. Hsmmeo/ng noted that the Police Department wo~ld be expanded again next year depending on the City's rate of growth. Mm. Dubin said that Lt. Gardner explained the situation to him and Mayor DeLong pointed out that during budget t/me, evez~one caDnot get everything that is wanted. He felt the past administration used very good jud~nt, partieulemly in ~egard to the P/me Department. After some further discussion, during which it was noted that the budget hesmings would be public, M~. W~llace said t~ timinq~ as far as this specific project is concerned, should e~me about ~ithin the next two or three weeks and would then add additional men to the City's Police force. He felt the City was/Dw something like 15 men below what is required for a City of this type population. He thought there might be some problenm about the auxiliary program because in researching som~ of the other cities: he found that it is necessary to have as many as thirty people before such a program cs~ be inaugura- ted and the schooling itself is concerned. He hoped this could be held off until the courses ame instituted at the Jr. College or PAU which would probably not cost the City approximately $157000 for irmurance, etc. -- so that money could be used to possibly hire other personnel. He said the City is hopefully wo~k/r~ on the answer to Mr. Dubin~s problem. Mayor DeLong said what the Chief has in mind will be under Federal and State regulations. The people being appointed to the ~uxiliary must take continued schooling. Mr. t~. B. Vastine, Leisu~eville, 1~2 Leisureville Boulevard, said he is understanding of the problems of Village Royale, but he noted there were 2~000 housing units in Leisureville and 4,000 people. He complimented the Police Department for its efforts in spite of ~he fact it is undermanned and he was glad Council is recognizing that ~act ~or the next budget. Mr. Wallace advised that the Police facility hu/lt next to City Hall was built with the idea of a second story that could be added. He hoped this second story would be forthcomingwithinthe next short period of time. Mr. Jay Kayo, Village Royale on the Green, said he did much work in Palm Beach County on behalf of retarded children. He had just visited the Palm Beach Habilitation Center and learned that the retarded citizens there, aged 16 to 58, needed a mat for %~?estting. Mr. Kaye spoke to Lt. Gardner and the Chief of the Police Department~ who immediately got permission from Mro Kohl to donate a mat which they had. Mr. Kaye commended the City ~or this gesture and said that an acknowledgement would be written in f~om Mr. Benedict, who is in charge of the Habilitation Center. BIDS Two (2) ~sed 197~ (Polara) Police C~uisers - 9 MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OP BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, APRIL 16, 1974. Mr. Kohl referred to his letter for the age~da and said the Tabula%-ing Committee reeon~ends acceptance of high bid ~rom Su~ber Auto (W~]ti. am McCoy) in the amount of $810.00 fo~ two ea~s. The Police Chief quests funds resulting from the sale of the above two vehicles be de- posited in a~count 5100/512 in o~der to purchase another patrol ca~. Ym. Kohl concurred with the recommendation of the Tabulating Committee as we3_l as with Chie~ Huddleston's request that fu/%ds ~eal~zed from this sale be placed in his budget. Mr. Dona/d Payne Of 182 S.E. 27th Avenue, Boyr~on Beach bid on one of the ea~s at $75.00. inall Wallace asked to speak Harmening moved to accept the City Manager's recommendation above Robez~$. Under discussion, Mr. vote was taken. Motion carried 4-0. Mr. Wallace the this suggestion, the two police ca~s for $810.00 and felt dollars per yea~ hy obtaining a ~ as his total assignment keeping these cars check on these automobiles and [c~ behind the Police station where Council should consider this of ~epairing other City equipment. 's Mayo.~ DeLong ad~ ed that one of the thoughts 'behind the garage that was included at the new fire Station would be to take care of the police w?nk ore? there. Mm. Kohl said this was his understanding that a mechauie wou~d~ be hired the~e and he would probably be work/ng 75-9~ on police ca~s -- and there would be a new garage over at the fire sub-station. Raw Wate~ Supply Wells No. 12, 13 &14 and All AppN~tenances Thereto Mr. Kohl refe~ed to his letter for the a~enda and the accompanying letter from. Russell ~ Axon dab. ed April 11, 1974, as. well ~ the Bid ~ee~t_~o~_~th~i.s~ p~.o~j?c~.__.He said_bids we. re opened by the City's Pu~chas- ~ ~enu, ~m. ~m~, ~u~mvan and tu~neG over to R.&A for their review and this had been planned fo~ some time, inasmuch as the a~d is in u~gent need of water, and in dire need Of ~ Therefore~ Mr. Kohl concurred with l~ussell & AXon's ~equested authorization to proceed the bid to Alsay-Pippin Co~poration: p. 0. Box 12~6, ] F!orida~ on a cGnditional basis in. the amount of $2~9 time of 180 days, sub3eet to receipt and · .= by t~e City o~ certain easements from Seaworth Shit.e, o~her bid. s w~e frno~. Singer~Layne-At.lantic of Orlando, Florida in the .t of $297~794~50, Orton Construet~.on. Company, West Palm i in the am6unt of ~$256:590.435 no bzd received from Webb Corp. Mr. Robg~t~ ask~ if this has ~een budgeted and Mr. Kohl said the ~.~a~..~u~t~of a?p~ Ox~mat~ely $140,.~0 was budgeted and he said the di~fe/~nce wou~G nave ~o com~ ~ somew~ else. After sOme discussion, it - lO - MI~ OF REGULAR CITY C0~NCIL MEETING OP THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, APRIL 16, 1974. was clarified that a R~solution had been written providing for return of ~ million to replenish the L~ility General Fund, so the City ~uld be covered fo~ this bid. }~. Wallace moved to accept the City Manager's ~ecommendation, seconded by Mr. Harmening. Mr. Harmening noted fo~ the benefit of those question~_ng why the price of wells went up so ~ch, that the bid price of $229 ,783. 40 is for t~ee wel]s, including raw water lines to tie the three wells tOgether and run the water to the plant and the approximate amount of the piping was in the neighborhood of $75~000. Afte~ some discussion claz~ifying that this bid was for raw water supply wells to be supplied in 180 days, the motion earDied 4-0. Long Term Disability Insurance and Group Life Insurance for City Employees ~. Kohl referred to his letter for the agenda end said in reviewing the Disability Insurance bids received, it was found that none of them met specifications, %~lich he explained. Ray Allen co, lied with all provisions w/th one exception, the 60 day qualification period. His .bid is based on 90 or 120 days~ 0ther'~se, the bid met all other requirements. Scl DeCanio's bid states the firm is basing the premium on an anticipated dividend. The specifications state~ this cannot be done and if it is, the dividend must be indicated as a separate item. Pi~. DeCanio's bid seems in order otherwise. In line with this, Mr. Kohl said he received a letter today clarifying the paragraph in question. These bids were received on Tuesday and Mr. Kohl said he had to go to Tml]ahassee and did not have an oppor- tunity to study them. Mayor DeL~nq said he attended a meeting of the Board of Trustees of the Employees Pension Plan today end he felt there was some misunder- standing. Therefore~ he felt Mr. DeCanio~ the City Manager, Bill Sullivan: ~rs. Padgett and Mr. Roberts should get together to clarify the matter as he did not recall that life insurance was to be included in the bid which had been done. There was some discussion clarif~ring that any other insurance company involved in the bids should also be included in the meeting mentioned, end after further discussion, it was requested that Mr. Kohl read the letter he received today f~om the Mutual Benefit Life Insurance Company~ addressed to Mr. William Sullivan f~om Mzichael Soltis~ Mutual RepDesentative, dated April 1974. It was then clarified that the City Manager recommended awarding the bid after further light having been shed upon the bid for disability and life insurance, to the Mutual Benefit Life Insurance Company. Mr. Harmening moved to accept the City Manager's recommendation, seconded by Mr. Wallace. Mr. Harmeninq clarified that this was only for disability insurance and not for ~fe insolence. Mr. Kohl said that the City already has life insurance coverage but the ir~ormation provided was fo~ comparison purposes only. Mr. Roberts eon~nented - ii - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL, TUESDAY, APRIL 1~ 1974. that he and Mr. Wallace were appointed to come up with sometbJ_ng on this in Febluary~ but after some effort on M~. RDberts' papt, the matter was put aside. He said if Council wished to vote on this, he would not stand in the way, however~ he doesn't have any information as to what the annual premium is or other per~iner~c informat~ion. Mr. Wallace noted that this matter had bean kicked a~ound fo~some time and inasmuch as he feels strongly that the employees should be coVered and the opportunity is always open to make a z~view and negotiate at the time the policy would be revi~ he felt the City should proceed with it at this time. Mr. Harmening said the quotation received is in am~ployee amount and the total premium would be based on the number of employees covered under the plan. Therefore, it would be impossible before the end of the. yea~ to determine how many employees the City had exactly covered under the plan so there would be no possible way of determining what the s~nual premium would be. Mr. Roberts questioned the bookkeeping procedure and waiting period and felt there was no sense in insuring anyone for two or three weeks. Mr. DeCanio said the reason immediate employee insurance coverage was ~ecommsnded was that the new Civil Service Rules state the employee will be covered under his pension plan the day he comes to work. Since this was to be coordinated with the pension benefits ~ it was recommended he be covered the day he comes to work. Mr. Roberts said he didn't examine the Civil Service Rules ~ but he didn't think the pension would have any bearing on this because of ~11 the bookkeeping involved. After some further discussion, Mr. Roberts said he will have to vote against the program because he and others were supposed to sit down and discuss this previously which was not done. However, he was not necessarily opposed to the program. Mr. DeLong said s~ter hea~ing the ir~o~mation presented today~ he was convinced that what has been recommended is very sound. Motion ea~ried 5-1~ Mr.~ Roberts against. LEGAL Ordinances - 2nd Reading - PItBLIC HEARING Proposed Ordinance No. 74-9 - Re: Anne×at, ion of Certain ~nineorporated Tract (St. Andrews ) Mr. Simon read Ordinance No. 74-9 on second reading by caption only -- An Ordinance of the City of Boynton Beaeh~ Florida, Extending the Municipal Territorial Limits of Said Municipality by the Annexation of a Certain llnincorporated T~act of Land Containing Less than Ten Registered Voters, Lying Contiguous Thereto and Within Palm Beach County~ Florida~ to wit: A Parcel of Land in Lot il, Benson Brothers Sl%bdivision, n~e particularly desczpibed Hereinafter~ Redefining the Boundaries of Said City to Include Said Land, etc. - 12 - ~IN]/TES OF REGUL~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLOR/DA: HELD AT CITY HALL~ THESDAY, APR/L !6~ 1974. Mayor DeLong asked if anyone in the audienCe wished to speak in favor of this ordinance. No reply. He then asked if anyone wished to speak in opp~osition to this ordinance. No reply. Wallace moved for the adoption of OrdinanCe No. 74-9 on second reading~ seconded by M~. Roberts. No discuss on. Mrs. Padgett con- ducted the roll call vote as follOws: Councilman Ha~mening - Aye Vice Mayor RobezWcs - Aye Councilmen W~] t ace - Aye Mayor DeLong - Aye Motion carried 4-0. Ordinances - 1st Reading None. Res olutions Proposed Resolution No. 74-P - Re: Acquisition of Funds Mm. Simon read Resolution No. 74-P in its entirety -- A Resolution of the City Council of the City of Boynton Beach~ F!orida, Authorizing the Transfer to Said City of Funds Held by Atlantic National Bank of West Pelto Beach for Payment of Said City's 1961 Series A&B Water and Sewage Bends. Mm. Harmening moved for the adoption of Resolution No. 74-P, seconded by Mr. Wallace. No discussion. Mrs. Pad9ett conducted the ro!l call vote as follows: Couneilman Harmening Vice Mayor Roberts Councilman Wal!ace Mayor DeLon9 Aye Aye Aye Aye Motion carried 4-0, Other None. OLD BHSINESS Report by Russell & Axon ~. Kohl advised that Mr. Russell of Russell g Axon was in the audience. Mr. George Russell cam~ forwsmd and stated that the mora- torium was not lifted totally. He se/d he met vzith the Depsm~nent of Pollution Control in Ft. Lauderdale -- Mr. Strahm and Mm. Phillips, - 13 - MINIiTES OF REGULAR Cl~'¥ COIRNCIL MEETING OF THE CITY OF BOYB~ON BEACH, FLORIDA~ HELD AT CITY HALL, T~ESDAY, APRIL 16, 1974. ao~ had gone over the problem of the regulation. The City's present temporsmy operating pez~nit allows the City to dischsmge so many pounds -- 581 lbs. ~ of BOD. ILntil such time as the City is discharging less than that amount at the point of discharge, the moratorium v~ll eontinue~ at least as relates to Mm. St~ahm and Mr. Phillips and their organization. P~. Russell said at their request, R&A is investigating two or three alternate solutions which might reduee the poundage discharge and a meeting is scheduled fo~ Thursday of this week ~-'th the Palm Beach County Health Depa~n~nt to investigate alternate solutions with Mr. Gar~iuto and Mr. W~ll~ams. Mr. Russell could not say whether this would be sat±sfacto~y with them because he hasn't had tho opportunity to discuss it with thenh The Ft. Lauderdale people~ however, said that any solution which was satisfactory with the Palm Beach CoLhnty Health De.p~t would generally ~be lo0ked in favor upon by thoi~ organization. The on!~ per~an~ent solution to the. p~oblem is construc- tion of ~BoY~t.~n-Del~aY t~egional.p!ar~ The znte~im solution is the fina]lzatiOn~ o~ _.~__e_ constDuction of the 1.25 MGD which R&A ~s manfully trying to get underplaY. Mr. Russ. ell ssid~the~e was a preconstruction conference today and the validation of th~ bond.iss, ue is on May Rnd at 9:00 A.M~ He said he cannot be o~em~y optimistic on a short-term solution. At the first meeting in May, Mm. Russell said he should be able to give Council what appears to be a final technical solution. There a~e, of course~ administrative ~emed/es with the Dep~nt of Pollution Control which RgA as tho City's~ consulting engineers~ cannot take but which must come from Council as policy makers. Me did not feet such steps were warranted as yet, although he did feel preliminary measures should be be- gun. R&A's Mm. Roy Likins, who is the head of the Operation & Maintenance Division, has worked many long hours and days with the operational personnel. It is R&A's opinion that under the loading conditions that exist, the City's operational personnel are doing an excellent job. The problem is not a full day toading; it is a short term losd~ug the term being 2 to 6 hours. In that period, the plant is overloaded and upsets are created. This is a fact and the records show it. It does not occur e~e~y day but sufficiently that the plant has not had time in the past to recover and maintain an even keel. Mr. Russell said the City's operators and R&A's personnel are doing everything in their power and he feels that the plant is operating at maximum efficiency for the present loading. R&A will continue to investigate for any unauthorized connections which it is felt may exist. All personnel are working in etose harmony and it is felt that all is done by Council, the City's staff and everyone else involved. Mm. Russell said he personally feels that Pt. Lauderdale intends to enforce the regulations, no more or no less stringent and he doubts that this Mayor DeLong noted that Council is aware of the City's Serious problem - 14 - MINWdTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL, TUESDAY, APRIL 16~ 1974. and that Mr. Russell is devoting as much time as possible to attempt to r~solve it. He said this is a sit-clarion that has be~n built up over a Deriod o£ approximately ten yea~s and the Council's duty is Ko try to resolve the p~obleml Mayor DeLong said he w~lld lean very eavi!y on Russell & Axc~ in its efforts te ~esotve this problem. Mr. Russell said that the cooperation must go hand in glove and this matter is receiving his first priority personal attention. He said in going back through the files, it can be nOted that the p~in~ipal problem has been the ability of the City to finance on short-term notice -- it just cannot be done, The need for $2~000~0~0 cannot be responded to in 60 days. Mr. Russell suggested that a mee~ug take place w~[th Mr. Shepha~d~ the City's finaneia! c~nsu~tant~ Council and Mr. ~ussell to discuss the financing of improvements which a~e going to take place. It's difficult to foresee financing~ but one must do the best he can. Mayor DeLong announced for the benefit o~ all those present, including members o~ the p~ess, that there would be a meeting on Thursday afternoon~ April 18th~ 1974: at 4:00 P.M. with Mr. Sta~tzmar~, ~. Russe!t~ t~e City Mana~er and members of the Council Mayor DeLong asked if it was ag~eeab!e to everyene, that this meeting be extended to work things out with Mr. Sta~tzman. Mr. Russell was appreciative of this as he was in need of Council's guidance re~az~ting policy. Council agreed. Mr. Roberts asked in regard to the sewer flow which was now at peak, if there would be any relief when the winter residents returned neath. Mr. Russell said this should become evident in about 10 days. One of the proble~m in sewer testin.g is the basic test of 5-day BOD; it takes five ~ays to mun. Since it is a highly sensitive test, one series of tests is not necessarily a true indication~ so there has to be two~ which will cover a period of 10 days. He said R~A is hopeful. Mr. Roberts than asked if Mr. Russell was familiar with the West Palm Beach situation end Mr. I~ussell sa~d to some extent. Mr. Roberts thought West Palm Beach's moratorium was recently lifted and Mr. Russell said under the terms that he believes they are allowed to dis-~ charge into the ~gutfstream,,~ they were ~2ven an allowance of 3%° However~ this is a very small amount. Costs fo~ Paving g Drainage - N.E. 7th Street (TABLED) This item remained on the table per Mr. Kohl's request. Discuss Retirement-Pension Plan for City Employees (Mayo~ DeLong) Mayor DeLong said there was quite a discussion on this matter today and the Board of Directors went on record to have Mayo~DeLong seek fr~m Council this evening permission for them to consult with the actuary so they may submit to Council some plans for an increase in the mmount - 15 - ~S OF REGULAR CITY COONCIL MEETING OF THE CITY OF BOYNTON BEACH~ PLORIDA, HELD AT CITY HALL ~ TUESDAY, APRIL 16, 1974. of pension according to the plan now in existence. There will be no action other than to make a thorough study by the Pension Board and report back to Council with any types of plans to be submitted or recommended by the actuary, Mr. Wallace moved to' pe~t the Board of T~ustees of the Employees Pension Plan to survey in conjunction with the actuary the possibilities of an increase in the amount of payment for the employees when they retire: seconded by M~. I~oberts~ U~der discussion, Mr. Wallace said hopefully by passing the motion, it will also mean than any nominal fees charged by the ac~ ~or this will be encompassed within the motion, with the City Ma~agerts d%se~etion. There was some discussion ela~if~5~ing that the actuary was engaged on an annual fee basis and there would be no charge unt~ss he had to come to the Cit~j, Motion carried 4-0. Discuss Alternate for Board of Adjustment Mr. Roberts suggested the City Clerk call up Mr. Ezell Hester and ask him i~ he still wishes to serve on this Board and on what basis. There apparently is a question as to whether he should be notified when there is going to be son, one absent f~om the meeting. Discussion ensued at length regarding Mr. Hester's fee]~ngs that if the Board didntt need him at a meeting due to absence of a regular member, he didn't have to appea~ and there is a lack of communication in that the Board feels a person should be expelled if three meetings have been missed. Mr. Wallace said he didn?t recall any action taken as to whether an alternate member of a board must or must not attend meetings ~ Mr. Ha~meninq agreed in this respect~ noting, however, that Mr. Heste~ hx3s been absent all yes~o Mr. Simon Ryder, 2579 SoW~ !3th Avenue, alternate member of the Board of Adjustment, felt that Mr. Hester's feelings about attending the meetings a~e cont~ary to the policy observed by the Boards in the past~ whereby since the alternate ia notified of ~1] meetings, it is expected that all alternates and regulars a~e to appear at the meetings. In the event that one of the regular members is absent~ then an alternate would take his place. He noted that when all the members are at a meeting, the alternate is not required and may go home, However ~ Mr. Ryder said he prefers to stay on and tries to prepare himself in the event he is called upon to take paz~c in the meeting. He referred to an incident where he attempted to answer a question that came up and he was not permitted to do so. He felt if the alternate takes the trouble to attend the meetings and is prepared, he should be permitted to take part in the deliberations -- not in the voting if there are enough regulars p~esent. Discussion ensued regarding the inability of alternates or bystanders to speak at the various meetings and Council felt if such a ~ule eXisted~ it should .he relaxed. Even if an individual was not permitted MIhUUTES OF REGULAR CITY COUNCIL F£ET/NG OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL, TUESDAY~ APRIL 16, 1974. to vote, he should be permitted to express himse3~. Mayo~ DeLong suggested that the matter be handled adm/nist~atively and that th~ City Manager be instructed to send a memorandum to the Boards permitting the f~ee speech of the alternates about any items on the agenda~ sho~t of voting ~- unless they are aeting in t~he absence of a regular member. Flu. Roberts asked Mm. Simon for clarification and Mm. Simon ss/d regarding the Board of Adjustment, he notes that the specifications ~ for five regular members and as many alternates as the City Council deems necessary and appropriate. No probd_bitions are indicated and he felt anyone should be allowed to speak without limitation. Mm. Ryder felt that alternates should make every effort to attend meetings and in view of Mr. Hester's feeling~.~ he felt Councit still had to fill an alternate position. Mayor DeLong reiterated his suggestion about handling this matter administratively and Mr. Robemts felt it should be clsmified that either ~1] the alternates should attend meetings or else have somebody on the Board call up when he's needed. After considerable discussion, Mr. wallace moved that the present rules be cla~ifiad to include removal of an alternate member of a board after having missed tbmee meetings without a plausible reason and being exeused. Mr. Harmening seconded. Under discussion, Mm. Roberts requested that the City Manager not-ify alt boards. Motion carried To avoid any confusion-~ /n his discussion regarding annexation~ Mr. Wallace suggested first moving down to NEW B~SINESS, Item ~Bt~ and moved to suspend the regulem order of business. Mr. Harmening seconded. No discussion. Motion carried 4-0. NEW BUSINESS Consider Application for Annexation for Mr. William Holland -- '~The Meadows" Mm. Kohl referred to b/s letter for the agenda and the aecompanyi~g application on the above development according to Resolution No. 74-L. He advised that the complete file~ including Mm. Holland's check~ !and use plan, survey and location map is in the office of the City Manager for Council's study and perusal and he also had the file with him at this evening's meeting. Mr. Kob_l advised Council that before them was the date application was filed with the Building Official (4/9/74)~ date application was used by Building Official (4/!0/74)~ date application referred to the City Manager (4/10/74). He noted that other material before Council 5_ualuded Applieation for Index, the Meadows Revised Land ~se Plan dated October 50, 197~, Survey and Desc~i~ption of Lar~, Location maps~ the Meadows site data, ad valorem tax analysis ~ Building Permit Sewer Projection, Water and Sewer - Connection and Fetition of Annexation and Description of - 17 - MINHTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL, TUESDAY~ APRIL 16, 1974. Adjoining Land. On the estimated City taxes, the Meadows first year -- $100~800; second year $177,600~ third year $267,700~ fottvth yea~ $561,000~ fifth yea~ $565,500~ sixth year $536,500; seventh year $65S,200~ eighth year $766,100~ ninth year $866,600~ tenth yea~ $975,600 -- this is based on a tax millage of $5.70 per 1:000. On the estimate of building permit fee from the first year through the tenth year it's $718,251. On the estimate of water and sewer connection fee, the first year through the tenth yea~ is $1,908,000. Mr. Kohl said he also has a Resolution f~om the County stating that the Board of County Commissioners has approved this. Mayor DeLong said he believed that there has been approval down the line, including the Impact. 'Mr. Kohl noted that this was for 824 acres which starts at Pneumatic Tool~ High Ridge Road~ goes up to Hypoluxo and Congress, going approximately through the middle of it with a gol~ course, etc. Mr. Dave P~ice, Attorney from Ft. Lauderdale, said he represents Mr. William J. Holland and that he is here this evening on behalf of his client and his petition for annexation. He said Mr. Holland is anxious for annexation and to become a part of Boynton Beach. He said two representatives of the Holland organ/zation were present this evening and between the three of them~ they wo~d be able to srmwer any questions or supply any information the Council wished regarding this matter. Mayor DeLong noted that the purpose tkis evening would be to accept the petition and direct it to the City Manager for the proper flow. At that time, the proper parties will be notified for appearance before the City's boards. Mr. Price said everyone was ready and he asked that the Minutes reflect that at this time ar~ throughout the proceed- ings, Mr. Holland is petitioning for annexation with the understanding that the annexation ~ill be based on and will result in zoning in this City, that is, will be simila~ to or identical with the present approval by Palm Beach Cour~cy for land use as far as it is concerned and will result in a density factor similar to that previously approved~ 6 u~its-~er acre. The City Manager has previously indicated the total number of ae~es and this results in a total development o~ some 4,900 units. Speaking on behalf of Council, Mayor DeLonq said he appreciates that this or~ar~zation has acme in with a petition for annexation and he is well acquainted with the Holland Corporation. He felt this would be a definite asset to Boynton Beach. Discussion ensued clarifying that the next order of business would be to accept the petition and direct the City Manage~ to p~oeeed with having it take the appropriate flow which would take a period of at least six weeks. Mr. Roberts moved to accept the petition for annexation from Mr. Holland and have it take its natural and proper course. Mr. Harmening 18- MINIK~F~S OF REGIiLBR ~ COU~CIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA,. HELD B~ CITY HALL~ TUESDAY, APRIL 16, 1974~ seconded. No discussion. Motion car~ed Mr. Wallace moved to revert back to the megutar o~der of business -- Item ~'D~' under OLD BU~INESSo Mr. Harmening seconded. No discussion. Motion carried 4-0. OLD B~StNESS (Cont'd) Disauss ~uexation (Councilman Foz~est Wallace) Mr. Win1 lace requested that Council annex everything east of the Sunshine Parkway, which m~ans that the City would be extending its bounderies considerably westward from what they a~e at present. Me noted this evening's discussions which he felt indicat~=d some of the problems that will beset the City in tb~ ~ture and unless Council takes these steps: the City will be plagued by th~se same types of p~oblems without control over what happens to the westezpn a~eas. He referz~d to the prob- lems Boca Raton had with its western development as far as la,ge parcels of property b~g b~ought into the City. He also meminded the Council that when a developer comes in with a thousand acres and only 95 acres at a timm ~or development: then one nmast wonder what in truth is planned for that other 905 acres. Mr. Wa]]ace said by annexing this particular .pr~perty~ it does ~ive the City stringent controls and ail the requirements set forth have to be met~ it means that in the request fo= annexation~ an area may be set as far as numbe~ of units per ac~e which may be lower than what has a3_~eady been considered. He felt it .was in the best interests of the C~ty to move forward as far as annexin~ this specific area was concerned. He said at the end of discussion by Co~ncil, he would like to ask for th~ legal advice of the City Attorney as to what the City would actually have to do re~ard~ug the annexaLion O~ the specified area. Mayor DeLong agreed with the statements of Mr. Wallace and felt that this particular ~eeommendation is long overdue. Pie referred to certsin areas that were the result of past laxity, including the new DeBartol~ shoppi~ center coming in~ etc. He felt this property should have been within the confines of the City because the City has to sez~rice them, and there could have been a better control. He felt CounoN 1 should act quic~y in accordance with Mr. Wa]lace's reco~vaendation, with dependence upon the advice o~ the City Attorney regarding the direction that must be pursued. Mr. Roberts referred to a meeting recently attended by Council wherein befOre the State Legislature it was noted there is a law in regard to annexing that is being processed° First of all~ they a~e to do away with the supplemental law which is on the books and they may possibly come up with a substitute. He said i~ the City is going to 'try to annex the enti~e a~ea, the Council n~ast be guided by the City's Char~er~ ~%ich has to do with annexation before p~oeeeding in that direction. He also said he would ha~e to inherit a bunch of headaches that have been c~eated to the west of the City and he would have to consider them very caref~]]yo - 19 - ~/fdTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA: HELD AT CITY HALL, T~ESDAY, kPRIL 16~ 1974. Mayor DeLonq said the City should try to avoid what is substandard and he felt that M~. Wallace was shooting for the undeveloped areas to the west, ~herehy the City can have some ~ontrol. After some discussion, Mayor DeLong said it would be necessary to see what the City Attorney comes up with and in regard to doing away with the supplemental law~ he believed at the last meeting of the County League of Municipa]~tias, it was noted that definitive action is going to 5e taken or ~ecommended to scuttle that move. Mr. Roberts concurred. Mr. Wallace moved that this matter be turned ove~ to the City Attorney to come back with a complete recommendatio~ as to the procedure that must be followed rega33ding annexation of lands in the City's service and reserve area, establishing the east side of the Sunshine Parkway as the western boundary of the City -- and to do so.as soon as,possible.. Mr. Harmening seconded. ~nder discussion, ~WLT. S~mon asked if Coun~l wanted him to take such action as the Charter provision allows as opposed to the supplemental procedures in time fo~ the next meeting and Council said yes. Motion caz~ied 4-0. NEW BHSINESS Discuss Littering on Thoroughfares and Business Establishments Mr, Roberts referred to an Ordinance on the City's books~ Section 13-!1 in regard to garbage, trash and weeds. He said that his attention has been called more to. littering than depositing garbage which is what the ordinance reads ~ and he then quoted from same. Mr. Rober4rs noted that the word ~'littering~' is not included. He said there is a $100.00 fine and he wondered if the p~blic could he alerted to the fact that it does include littering also. He asked if this particular ordinance does aetua!iy include littering so that people could be made a little more conscious of the fact that there is a lot of refuse around the streets. Mr. Simon ~elt that the word '~deposit~ is mere definitive and more clearly understood than the word ~!ittering% He wouldn't want to be burdened in court w~th an argument over the definition o~ ~'littering~ whereas ~:depositing~' is quite clear, Mr. Roberts thought it would be a good idea to place a few signs around the City~uinding the public of this ordinance as he has received a number of complaints and he has seen quite a bit of refuse around himself. There was some discussion about having the City Manager handle this administratively by putting signs in the most appropriate places. Mr. Kohl advised that the Police Depar~ent has already been notified to stop anyone they catch throwing cans around. Mayor DeLong referred to the letter Mr. Kohl sent around to the dif- ferent companies ~oput canvas overt he material they are hauling. This matter was left in the h~uds of the City Manager. - 20 - MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, APRIL 16~ 1974. Discuss Change of Road Pattern - Chaz~cer World M~. Kohl asked that Mr. Bar~ett explain to Council the .area in~ ques- tion by use of a map and Mayor DeLong clarified that this rSq-aest was made by the Planning & Zoning Board as reflected in their N~nutes of April 9~ 3374. Mr~ Barrett explained that the developer went to the County first for the approval of a road pattern. The County wanted I~ f~t of right .of way at the lower section of the property -- Cocoa~nt.Lane -- and ?~.'s was developed. Being a 108 foot right of way,~.if this was a straight through road: to Barwick, it wguld Be a speed~ay. Mr. Barrett re£erre~ to a place on the map indicating that the dotted lines represent the old pattern and the solid lines represent the new pattern. Some curves add twists were put in which allowed for a better road pattern. M~o W~]lace clarified that these roads were within the development itself and Mr. Bar~ett concu~red~ adding that the Planning ~ Zoning Board ~eeo~mended approval. Mr. Wallace moved to aceept the ~ecommendation of the Planning & Zoning Board as reflected in their Minutes of April 9:1974 for a road pattern change i u Charter World as exhibited by the Building Official. Mr. Harmening seconded. No discussion. Motion carried 4-0. ADMINISTRATIVE Authorization to Conduct an Auction on ~nelain~d Merchandise l~r. Kohl advised that the Police Department has approximately 24 bicycles one Ka~asaki mini-trail mo~orcyele~ and two Sears lawn edgers which have Been unclaimed. Authority to auction off these items on an ~as is~ cash basis was requested. Mr. Wallace moved that the request be granted with the proviso that the approximately R4 bicycles and one Kawasaki mini-trail motorcycle will be put up for auction within the confines of those living in the City of Boynton Beach and that no other people or merchants be permitted to come in and bid for the lot. Mr. Roberts seconded. Discussion ensued about Mr. Wallace~s request that the items be auctioned off individua]ly with no total lot Sales and the youngsters having the oppor~unityto bid. Mr~ Simon said as long as they ere being 9-iven the opportunity to bid but the auction is not limited to them, it would be all right. Mr. Kohl said only one item is going to be auctioned off at a time, however, it was felt by M~. Simon to be discriminatory to l~mit the bidding to Chitdren'only. After further discussion, it was clarified that the request to have the auction would be granted with the City Manager supervising it as per the information he received this evening, in accordance ~ththe 9~shes of the Council. Motion.carried 4-0. - 21 - ~ES OF REGE~LAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, PLORiDA~ HELD AT CITY HALL, TUESDAY, APRIL 16~ 1974. Consider Appointment of Pinance Director RelenTing to his letter for the agenda, M3~. Kohl recon~nended that Mr. Kenneth Kribbs be appointed as Pinance Director. He noted that this position was advertised in all the loo~1 newspapers and ~ith the State Employment office. The applicant has a degree in aceounting~ business administration ar~ has municipal experience. Of the ]3 applications received, only two met these qualifications and Mm. Kribbs was Mr. Kohl's choice. Mr. Harmaning moved to accept the City Manager's recommendation, seconded by Mm, Wallace. Under discussion, Mr. Roberts noted that he was introduced to these two men, however~ one had not filed a for~l application. Mm, Kohl said that he will have the applieation and ail other pertinent infoz~nation in his office, prior to Mm. KriSbs' coming to work. Mayor DeLong thanked and complimented the City Manager for the manner in which the screeru%ng of the candidates was conducted. He consulted with two department heads ~ had them sit in on the interviews, one acting department head and ano~mar City Off-lcial. He said regardless of what one of the -leadinu news- papers may say: the press was notified. He also thanked Mr, Kohl lot the courtesy extended to the members of Council to come in and be introduced to the two gentlemen before the f±r~! selection was made. Motion ca~ried 4-0. Discuss ~lities and Access Road to Serve Proposed Vocational School Mr. Kohl referred to his letter for the agenda end the copies of correspondence attached thereto that may ind/cate a commitment by the City to provide water and se~r service and access to the Vocational School. Mr. Bill Koch, Realtor (Also Mayor of Gulfstream) advises that the owne~ of the property to the west of school property will give the City an 80-ft. right of way opposite Pa~'s north entrance to exchange for the 50 ft. easement already given, to the City south of Canal L-28. The cost for a 4~' force main and a 6" water line extending across C~nal L-~8 from S.W. ~8th Avenue to the school's (private) lift station and water pipes is approximately $14,190.00. The cost for a 24 ft. width o£ paving in 80 ft. r~ght of way' is approximately $35,000. Totel cost is estimated to be ~9,190.00. Mm. Koch says his client, as a condition for the 80 ft. right of way or easement wo~ld went access to the roadway from his property. All of the above has been discussed -~ith representatives of School Plant Planning and it is expected that this %¢ili be satisfactory to the School Board end Palm Beach County. Participation by others in construction cost has not been discussed. The Engineering Depart- ment requests Council's direction as to whether or not they shouNd continue on the above basis and complete plans and specifications ~o~ the subject facilities to serve the Vocational School. 22- MI~dTES OF REGULAR CITY COUNCIL MEETI~G OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CiTY HALL, TUESDAY, ~PRiL 16: 1974. Mayor DeLong asked if it was t~ue according to the correspondence that in 1971 the City had committed itself. M~. W~tlace seid this was act~al_ly indicated and committed by vote of the Council and also at that time the money was supposed to be in escrow somewhere. It was de~ided that the City Manager should check and see if this is an encumbered fund. Mayo~ DeLong thought it might be advisable to dis- cuss the matter with the School Board. Mr. Wallace felt that Mr. Ford is completely aware and there have been meetinge between the City Engineers with the schools. He said there was a question in that participation by others in construction costs has not been discussed. For instance~ one gentleman is gOing to receive usage of the road and he noted that there were other pieces of p~operty that abut the area. He felt it should be ~tipulated that be£orS access is given, t~he~e must be some participation in the cost by those people involved. Mayor DeLong asked if Couneii wanted the opinions of the School Board and Palm Beach County and ~. Wallace said he thought they had already been apprised of this. Mr. Clark said the 80-foot right of way would be satisfactory to ChUCk Ryan who is the Engineer for School Plant Planning. Mr. Clark said Mr. Fuller has many requirements v~hich he wasn't sure anyone could satisfy, but they are satisfied with the 80-foot ~ight of way. Mr. Clark did not feel the City was ob!iqed to provide more than two lanes at this point in time. He said the property of the man giving the 80-foo~ right of way will be benefitted and that is his ~bargain~¥. ~. Cla~k wasn't sure he %~uld be willing to participate in the cost. At one tim~ this gentleman said the~e was no way he would give anyone right of way through the middle of his property, He noted that Mr. Ko~h represents this gentleman and has appamently changed his way of~ thiruking. Mr. Wallace asked for the basis in changing f~om the original ~ight of way down to the 80-feet. Mr. Clark said it entered right next to-the bridge a~oss L-28 and the County said entrance on COn~ess could not be pemmitted with a 50-foot right of way as it isn't wide enough as far as they're concerned as they apparently anticipate a g~eat deal of traffic. This option was to put a particular route of entrance to the proper~ and Mr. Ptunkett said if this cut across his property, it would damage it. Also this would alig~ with the Charter World north ro~dway~ there is a traffic signal there and it would catch both roadways there. It would be right opposite Charter World's exit at the north. Mr. Clsmk waid he has talked ~th representatives of School Plant Planning but he hasn't talked recently with Mr. F~] ]~r. He felt Mr. Fuller would like the City to have Mr. Plunkett do whatever the School Plant Planning wants. Mr'. Wallace said the School system might have some usage for that acreage that the County owns out there which Mr. Wallace doesn't agree with inasmuch as they are going to use approximately 15 to 18 ae~es in the back of the ITV a~ea which the School Board owns. He said the City went along with the Vocational School idea~ if they want to come - 25 - ~/YdTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, PLORIDA~ HELD AT CITY HkLL~ TUESDAY, APRIL 16, 1974. in and put a comprehensive high school in the area and make a recrea- tional park~ etc., he felt the City might dicker in regard to those partieula~ points. However~ he felt the only thing the City has going for it at this particular time is the utilities and the roadway through this and that Mm. Fuller and the School Board Should take care of the other. Mayor DeLong ~eferred to the material hefor~ Council contained in opt/on to get par~icipat/on with the County. Mayor DeLong asked Mr. Clark if he felt it would be advisable to go along with what the County feels is needed because of the anticipated heavy flow of traffic than to have to go back later in view of the increasing costs. Mr. Clark said the County reeom~.nded the 80-foot right of way. The ~City doesn't have this yet: but Mr. Koch ss/d he would gi~e the~City this r~ght of way. 'Mr. Clark said he doesn't want to advertmse and try to get this right of way unless Council agrees that the City should do this end is obligated to spend this m~ney. It was cl~rif-ied that there was Council action on tkis matter previously: however, at that time it was a 50-foot right of way ~lere a developer came in and at one time because it did border a canal, the council con$ide, red 9Tassiz~ the area, putting in harbeque pits, etc. leading back into t~he sckool site. Then the County came back in. and because 9f ~ flow of tra~f-ic and the gentleman who was so adamant~ the pr~oblem ~s-e th~ an 80-foot ~ight o~ way would be ~e- utilities~ to th~ ~scho03~ ~ite, ~o split the cost of the right of wav. He felt if ther9 ~ege a lot Of ~dverse problems ~ the school board-- would go to B~ G~lade ~cause that has always been the Competition far as the s~ooi itself ms c~nce~ned. Mr% Harmening s~a~.'d from the information presented, he didn't feel he hca enou~ to m~e a firm decision. He felt this should be referred to t.h? City Man~ger and City Engineer to see if they couldn't come up wroth more pe~t/nent and timely /n~o~mation on all the asoects of this matter. M~. Wallace said if the City was going to tak~ more ti~m ~th this, it wguld be ~'up a c~eek without a paddle" as £sm as the school was conc~,~rned. The morales. -- were allocated as far as the building of the school itse/~ which was originally supposed to have been built in tF~ee phases, then all at one time, and then it came back again afte~ the defeat of this.last bond issue. He sa/d to fO?~et t3~e $14,!.90 b.ecause that was a commitment made to the City as far_as, the utilities -- and what is actually in question is .the cost o~ the roa~ -- the difference between a 50-foo~ right of way which the City was originally going to put in, and an 80-foot right of way. - 24 - M/AWdTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORiDA, HELD AT CITY HALL, TUESDAY~ APRIL 16, 1974. Mr. Clark said the construction costs would be the same and Mr. Wallace felt the City should go with the minimum cost for a 20-foot right of way and design it so that it is placed where if the County wants to add to it on the other side, it could be done without any problem. Mr. Kohl referred to the July 20~ 1971 letter before Council and Mr. W~l]ace reviewed the amount of acreage in question and said it has nothing to do with the present questi~ of the Engineering Depar~-ment requesting Council's direction as to whether or not they should con- tinue on the basis outlined in M~. Kohl's letter for the agenda and complete plans and specifications for the subject facilities to serve the Vocational SchoOl. Mr. W~ltace noted that Mr. Cla~k said there was not that mue/Q difference between the cost of a 50-foot right of way to which the City had previously agreed and the 80-foot right of way which has been asked for by the CoUnty. He felt if the County was requesting one way in and one way out, the City ceutd put in one side ar~ let the County or someone else worry about the other side. There- fore, there is still the same dollar value and the City Would be carrying out what it agreed to previously. Mr. Clark said in going back a little further when Mr. Ptunkett pre- sented the City with a proposed industrial sub-division and at that poin~ he did go ~o Mr. Fu3_Ier at Mr. Clark's request to discuss access to his sub-division through the school-- Mr. Fuller made so many demands that Mr. P!unkett backed off and he decided not to sub- divide. ~. Wallace said he was in favor of the question before Council and said this goes ba~k apprc~imately 10-14 years when the original Ve- Tech school was supposed to be built in the south end of the County in the Boynton Beach area. Mr. Wallace moved that the Engineering Departme~nt continue on the basis as contained in the comm~cation from the City Manager dated April 16: 1974 relative to the utilities and access roads to serve the proposed Vocational School, seconded by Mr. Harmening. No further discussion. Motion carried 4-0. Consider Agreement BetwCeen Palm Beach County and the City of Boynton Beach (Library System) in his correspondence for the agenda~ Mr. Kohl referred to correspondence from Mm~. Billet, Director of the Pa3~m Beach County Library System and recommendation from Mrs. Virginia Perace~ the City's Library Direc- tor. A copy 6f~he Agreement was not before Council due to its length hut was available in the City Manager's office for Council's perusai and Mr. Kohl had a copy of it %-~[th him this evening. He no, ed that the City Attorney was given a copy before the meeting so that he would have an opportunity to review it beforehand and submit his legal opinion and advise Council if everythin~ is in order. ¥~ Kohl concurred with Mrs. Farace's recommendation and requested authorization to have the Mayor sign the Agreement. After some discussion, Mayor DeLong noted that the Agreement is similar - 25 - MINUTES OF REGULAR CITY COUNCIL MEETING OF TBE CITY OF BOYNTON BEACH FLOR!DA~ HELD AT CITY HALL, TUESDAY, APRIL !6~ 1974. to the one in use for the current fiscal year, except that the re- quired per capita expenditure of local funds by participating member libraries has been increased from ~.50 to $R. 00 per capita. Sin2 e Boynton's library already exceeds this amount, this will not affect its situation. ~. Roberts asked what the City is paying at the present time and Fir. Kohl said he did not know but it was contained in the Agreement which he wished to be continued. Me. Roberts moved to consummate the Agreement between the Palm Beach County and City of Boynton Beach Library System, seconded by Mr. ~haltace. It was noted that the City Attorney would make certain that e Agreement was in ord,. ~tion carried 4-0. Mr. Kohl said the Agreement specifies that the County shall pay to the City an amount equal to 15% of ~ny money expended by the City for public library purposes during the previous fiscal yea~. Approval Mr. Kohl read the following bills for approval: 1. Brooks Products - Inv. ~M63! $ 1~880.00 Pay ~rom monies budgeted 'acct. ~1~0-598 2. Kea~ Trucking Service 'Pay Crom Emergency Funds 1,262.50 ~. Nitler Bearings of Orlando, Inc. ~ Inv. ~7486 4,0~3.68 Cha~ge to 6220-514.29 Kelly Tractor - Inv. ~W~8160 1~588o83 Pay f~om budgeted funds acct. ~2400-274 9. 10. R. & R. Tile - Inv. ~CBlll Pay from 5900-518.03 Wilson Addition 1,260.00 Allied Chlorine & Chemical Pay f~om budgeted funds acct. ~612g-~54 4,585.00 Florida Slurry Seal Balance on repair work Pay from encumbered funds. 1~000.00 Neptune Meter Co. - Invo ~08-13697 ~ay ±rom hudgeted Dunds acct. ~6t~0-582 1~940.~0 H~rdrives, Inc. - Inv. ~18160 Pay f~om Federal Rmv. Sharing Funds 5,892.50 Atlantic Refrigeration Pay from encumbered funds - Retainer 1,4~0.00 ~ 26 - MINUTES OF REGULAR CITY COILNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL~ TUESDAY, APRIL 162 1974. Palm Beach Dodge, Inc. pay f-~om budgeted funds. $19,524.07 Rowland T~uek Equipment, Inc. Inv.~M14180 Pay from Capital ImprovementFunds 39,592.00 15. Inman~ Inc. Est. ~1 Pay l-~om U~rility General Fund (approved by City Eng,_neet) 16,070.95 14. Russell$ Axon - 7460-1-11Est. ~3 ~ay from U~ility General Fund (This is from the 12 million gallon seeondary waStewater treatment plant - regional plant) 50~326.42 The bi.lls described have been approved and verified by the department ~he. ads. invo~ved~ checked and approved for payment by the Finance ~o?.e¢~or~ ,z::un~.s .axe availa~_le in thei~ respective budgets. Pit. on~ recommendea payment o± these bills. M~. Wallace moved to accept the recommendation of the City Manager and pay the bills~ seconded byM~. Roberts. Under discussion~ Mayor DeLong referred to the second item above and M~. Kohl expleined that this was a separate emergency fund set up. Regarding the R. Tile~ Mayor DeLong ~ed -- Mr. Kohl got a very good price of $2.25 per square foot for dry wall rather than a time and material cost which would have been very costly.. Ragarding Item No. 9 -- Hardrives, Mr. Kohl advised that this was on Wilson Recreation Center for the pavement of the perking-lot. Mayor DeLong referred to Item No. 12, Rowland T~u~k Equipment and Mr. Kohl explained that this was the replacement of the truck that burned up and this comes from the Capital Improvement Funds aside from the Encumbered Funds. Mayor DeLong asked about Item 10 - Atlantic Refrigeration and it was decided that he would clar~ify this withMr. Kohl inthe mo~ning. Fir. Kohl said this was in re~ard to final payment for the sir-conditioning and funds are allocated. Motion carried 4-0. OTHER M~. Simon advised that the City has been served with a eomplsint filed in Texas and it will be necessary to defend this at least to determine ether or not this can Zn ord to do so, it will be necessary ~o employ ~Naa~z-~-zn Texas. This just came in today and concerns the Slurry Seal machine where they came here and couldn't get the machine operating and it was sent back. Mr. Kohl said he no,lied the City Attorney at the time and there is a letter in the file from the City's General Services Department ~egarding all those who attended dsily meetings on the machine, but could neve~ get it working. Mr. Simon said he could not practice law in Texas and the question is whether the action could be maintained in Texas. After - 27 - MIbTd~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OP BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY~ APRIL 16, 1974. further discussion, M~. W~llace moved to give the City Attorney tbs authorization to defend this suit in the manner and fasb/on that he deems necessary -- which is to emol~ ~ uy ~.~-~ !n Texas right away, seconded by M~. Mammening. No discussion. Mot/on carried 4-0. Mr. Wallace referred to the discussion of annexation under OLD B~$ and requested that the fkity Manager be asked to handle administratively and see that alt members of the County Commission and all those that should be notified be sent a letter of the City's intent to annex. Mayor DeLong asked if the City ~hould divulge its plans before receiving direction as to procedure from the City Attorney. After some discussion, it was decided not to side-step the issue as it would probably be in the newspaper in any event. ADJOURNMENT Mr. Wallace moved to adjourn, seconded by Mr. Harm~ning. Motion carried 4-0. Meeting adjourned at 10:38 P.M. ATTEST: CITY OF BOYNTON BEACH, FLOR/DA / Vice Mayor Councilm~n Councilm~ 28 -