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Minutes 10-16-73MINUTES OF REC41LAR CItY COUNCIL M~ETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, OCTOBER 16, 1975. PRESENT Emily M. Jackson, Mayor Joe DeLong, Vice Mayor Foz~est L. Wallace Councilman Edward F. Ha~mening, Councilman David Roberts, Councilman F~ank Kohl, City Manager Callie Clanton, Deputy City Clerk. E~nest G. Simon, City Attorney Mayor Jackson called the meeting to order at 7:35 P.M. She welcomed the audience and asP~ed them to rise for the invocation given by the City Manager~ Prank Kohl, followed by the Flag Salute led byUice Mayor DeLong. Announcements Mayor Jackson repeated her announcement of the last two meetinqs regaz~lin~ voter registration for CiTy and County elections. Those wishing to register can do so bgt~een the ~ours of 8~.~.~6 5:00 P.M. Monday.thrOugh Friday. There w~ll be specmat registratlon on Novem- ber'7 and 8 ~nd November 12 and 13 between 3:00 and 7:00 P.M. at Wilson Center, Hampshire Gardens Clubhouse~ City Ha] 1, Sterling Vit- lage Clubhouse, Leisureville Clubhouse and Village Royale Clubhouse. MINUTES Regular Meeting - October 2, 1975 Fr~. DeLong noted a correction and omission on page 1, paragraph 3, lines t and 2, :'...majority of the commission quoz%~n'~ should be stricken and replaced by ~'... quorum of the City Council ...~ M~. DeLong said that his intent in reading from the new Home Rule laws, effective October 1~ 1975 -- Chapter 75-129, Section 166.041, Munici- palities, Procedures for Adoption of Ordinances and Resolutions: Sub-section ~ was to have that particula~ sub-section spread upon the minutes in order to confirm that his remarks were accurate. He requested that it be done at this time: ~Themajorityof the members of the governing body shall constitute a quorum. The affirmative vote of the majority of a quoz~m present shall be necessary to enact any ordinanne or adopt any resolution, provided that two thirds of the membership of the board is required to enact an emergency ordinance. On final passage the vote of each member of the governing body voting shall be entered .on the official record of the meeting. Ail ordinances or resolutions passed by the governing body shall become effective ten days after passage or as otherwise provided therein.~ Mr. DeLong wished to ~lam~y that the majority of th~s quoz%~n was 2. - 1- MINUS. ES OF REGULAR CITY COUNCIL MEETING OP THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, OCTOBER 16, 1975. On page 5, paragraph 4, Mr. DeLong said line 5 should read ~3... if a motion was made ... 33 instead of ~3... of a motion was made... ~ -- Mr. DeLong said in order to keep abreast of the activities and action at the meeting of October 2nd regarding the passage of oz~Iin~%uces and resolutions: where the Vice Mayor made the motion seconded by the Mayor, it should be noted that the Mayor in seconding all motions relinquished the Chai~ by turning the gavel over to the Vice Mayor on each and every occasion where the majority of these two was in the affirmative. This should be made a matter of public record and refers to six occasions on pages ll, 12 and 16. Mr. DeLong moved to accept the minutes of October 2, 1975 with the corrections and additions noted, seconded by F~. Wallace for discussion. Mr. Wallace wished to clarify the intent regarding the portion of the Home Rule Laws being spread upon the minutes and Mr. DeLong stated that all he was asking is that Section 166. 041~ Sub-section 4 of Chapter 75-129 be spread upon the minutes for public record. Mr. Wallace agreed to this. Motion ca~ried 5-O with 2 abstentions -- Mr. Roberts and Mr. Ha~mening being absent from the prior meeting. PUBLIC AUDIENCE Mayor Jackson asked those who wished to speak about items on the agenda to ~ive their names and item numbers toM rs. Clanton. She then invited all others up to speak, however, first turned the floor over to Mr. Wallace who had asked to speak. Mr. Wallace requested that newspaper reporters get a!lnames and information straight before going to press as it creates problems for some people. Mr. Wallace then referred to an item that had been requested to be on the agenda and was then removed pertaining to a letter from the Greater Boynton Beach Chamber of Commerce. It was asked that this letter be read into the minutes, which Mr. Wallace proceeded to do per the attached copy. Mr. DeLong asked why this letter was pulled from the agenda and Mayor Jackson said she .did so because of Mr. Simon's r~marks at the last meeting that it might be better if Council did not discuss matters of this kind in the event of a lawsuit as there might be some side effect. Mr. Wallace said he read the letter not because he a~eed or disagreed with its contents but the City Manager received the letter from the Chamber of Commerce~ put it in each Council member's mailbox and stated that it would be read at the meeting. He therefore felt it should be read. - 2 - MINGTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL, TUESDAY, OCTOBER 16, 1973. Mr. Wallace then referred to 1-95 and two requests he had made as to the actual right of way of 25~d Avenue, east and west. ~hat would be happening to the bridges as there was to be an overpass in this area? He said the information that was drawn up and given to him this evening shows that a large portion of 25rd Avenue will be moved further to the north -- which means there will be a new bridge in that area. It also means that actions taken by the City previously regarding zoning in the south sections of Leisu~eviile will be changed and 25rd will go through parcels of property already zoned. He didn't think even the developer knew this. If this information is correct, Council may recall the City also had sevemal million dollars involved as faro as High Point Development is concerned. He noted that the State engineers have changed .hut he didn't k_now there had been this other radical change. Mr. Wallace moved to have the City Manage~£ contact DOT with 9meatest expedience to determine i~ the information he received this evening was correct and what the implications will be as far as the develop- ment of the City is eoneerned~ He said four years ago~ DOT said this City could not issue a permit to build on any .property in 1-95 right of way. A letter was received from DOT stating they would join the City in a suit against any developer in violation. Mr. DeLong seconded the motion adding he would like to get this straightened out before another High Point is created. There was no discussion. Motion carried 5,0. Mayor Jackson said if necessary, she would make arrange- ments to go to the Department of ,Transportation 5_f it would do any good. Mr. DeLong complimented Councilman Wallace for coming upon this as it could mean something very detrimental to the City in the future. Mayor Jackson agmeed~ adding that Mt. Roberts advised he might have someone to help clari~y the situation. Mr. Simon Ryder: 9579 S.W. 13th Avenue~ referred to developments at the last Council meeting, causing some people to believe that con- tinued pressure would be placed upon Council to reconsider the action taken to exclude concrete plans from the industrial zoning category. Because of this~ several residents of Boynton Beach felt compelled to indicate support of the Couneilts action e~d endorse an additional petition. He referred to an earlier petition with approximately 300 names: stating that this petition had over 400 names. He then read the petition and gave it to the Deputy City Clerk for the record. Mr. F. C. Van Deusen~ 227 N.E. 22nd Avenue~ referred to the new traffic light in his area which was supposed to be in a year ago and again last month: as traffic is starting to get heavy. He then spoke about the speeding habits of drivers along 22nd Avenue. Mr. Van Deusen then reminded Council of his previous request for the same type of lights on 25th and 26th Streets to be installed on 22nd Street which Council agreed to. Lastty~ Pit. Van Deusen spoke in opposition of the new type of garbage trucks being used~ causing rubbish to be blown all a~ound. He felt these things should not happen in the City. -5- MINUTES OF REGULAR CITY COUNCIL b~ETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL: TUESDAY, OCTOBER 16, 1973. After some discussion, it was determined that the City Manager would make a note and take appropriate action on Mr. Van Deusents comments. Mayor Jackson added that regarding the light, DOT has promised it. M3p. Van Deusen complimented the City on the sple~ndid job done on the new park. Mr. Walter Trauger, 702 S.W. 28th Avenue, asked to speak again as a professional economist, add~ng two more points to his comments at the previous meeting regarding Rinker. He is vitally interested in the economic 9~owth of Bovnton Beach and has seen ve~5; little action in bringing any more jobs into the City but has seen the loss of Hughes Feed and Grain and other companies. He said railroad tracks historical- ly are in industrial areas and people who move there or neXt to air- ports and then complain about the noise do so of their own free will. He wondered how many who signed the petition against Rinker were wage earners contributing to the churning movement he had mentioned three times in salary to the City of Boynton Beach. PUBLIC HEAR_ING Mayor Jackson confined with Mr. Simon that it was legal to begin the public hearing before 8:00 P.M. Consider Request for Conditional Use - 2280 N. Federal Hwy., Gulfstream Marina Mayor Jackson asked if anyone wished to speak in favor of this. Mr. Thomas Boffey, 2280 N. Federal Highway, identified himself as the owner-operator of Gulfstream Marina. He explained he presently has a concrete patio in front of the restaurant facing the Intra- coastal which he would like to close in with screens to give the motel and restaurant ~c~ests a bug-free area in which they can sit and enjoy the view. Mayor Jackson asked if anyone else wished to speak in favor or against this item. Mr. DeLong said in reviewing the minutes o~ the Planning and Zoning Board of Wednesday, October 10~ 1973, he noted that the application had been considered and approved by the Board ~_'th a 5-0 vote. He therefore moved upon the ~ecommendation of the Pi~unning and Zoning Board to 9~ant this request. M~. Harmening seconded. Motion carried BIDS M~. DeLong noted that before going to tPs bids~ he was pleased to see an anti-collusion affidavit attached to two of the bids. He asked to go on reeord as making a motion that this be the policy of this City Council and all bids J~n the future be accompanied by an anti- collusion affidavit. Mr~ Ha~mening seconded° Under discussion, - 4- MINUTES OF REGU/JLR CItY COUNCIL ~ETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, OCTOBER 16, 1973. Mr. DeLong requested that the anti-collusion affidavit he read. Mayor Jackson read the foztnas follows, noting that it was on the two bids being discussed tonight: "STATE OF FLORIDA ) COUNTY OF PALM BEACH ) SS I, the undersigned, hereby duly sworn, depose and says, that no portion of the sum hereinhidwill he paid to ~%y employee of the City of Boynton Beach as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the co~poration. By " Motion carried 5-0. Nine (9) Train Trailer Containers Mr. Kohl referred to the Bid Tabulation Sheet and Bid Item Schedule ben, ore Council. Mr. Kohl concurred with the reconwaendation of the Tabulation Committee for the acceptance of the sole bid from HESCO Sales Inc. of Hialeah, Pla. in the amount of $7,650.00. Punds a~e available in account no. 2400-514.03 of the General Services Budget. M~. DeLong moved fo~ the acceptance of the City Manager's recommenda- tion and that same be spread upon them inures. M~. Harmening seconded. There was no discussion. Motion carried 5-0. pne (1) Diesel Powerad~ Track Type Front End Loader Mr. Kohl refer~ed to the Bid Tabulation Sheet and Bid Item Schedule before Council. Mr, Kohl ooncurredwith the recommendation of the Tabulation Committee for the acceptance of low bid in the net amount of $56,750.00 from Y~elly Tractor Company. Bid was $55,860.00 less trade of $17:100. Funds are available in account no. 2400-514.05 of the General Sez~;ices Budget. Kohl noted there was a bid from DeWind Machine Company for 493.00 net and Engineering Machine Company did not offe~ a bid. MayoD Jackson noted that the City was saving approximately $5,000.00. Mr. DeLong moved to accept the recommendation of the City Manager with same to be spread upon the minutes. He also requested that the minutes reflect that both of these bids were accompanied by an anti- collusion affidavit. Mr. Roberts seconded the motion. There was no discussion. Motion carried 5-0. - 5- MINL~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH: FLORIDA, HELD AT CITY HALL, TUESDAY, OCTOB~ 16, 1973. LEGAL Ordinances - 2nd Reading None. Mayor Jackson noted that under the new law there has to be a 14-day interval during which each ordinance must be advertised before second reading. Ordinances - !st Reading Proposed Ordinance No. 73-51 - Re Staggered Terms for Members of Pt.anning and Zoning Board Mr. Simon noted that he did not have copies for Council due to prob- lems with the duplicating machine. He then read Ordinance No. 73-51 on first reading -- An Ordinance of the City of Boynton Beach, Florida~ Amending A~ticle V of Chapter 2 of the Codified Ordinances of Said City by Amending Section 2-41 and by Adding an Additional Section 2-41. 1 to Provide for Staggered 2-Year Terms for Members of the Municipal Planning and Zoning Board, etc. M~. Simon asked Council if they wished this Ordinance to become effec- tive on January l, 1974 or ten days after the second reading. Did they want calendar year appointments or wish to make appointments now? Mr. Harmening suggested making it effective earlier in the event there was a vacancy on the Board before the first of the year. Mr. Simon cautioned that if this were the case, the Council's appointment would not carry through on a calendar year basis. Mr. Wallace pointed out that it would not run concurrent with regard to elections and appointments. Mr. DeLong asked if the original intent was to have people on the Board who would be able to carry over and if so, why not adopt the Ordinance and comply with it. D~ter further discussion, Mr. Wallace moved that the appointments be effective as of January l, 197.~, and that this be inserted into the ordinance. MB. Roberts seconded. There was no discussion. Motion carried 5-0. Mr. Wallace moved to adopt Ordinance No. 73-51 on first reading, seconded by Mr. Harmening. There was no discussion. Motion carried 5-0. Resolutions Proposed Resolution No. Day - November 1t, 1973 73-K~ - Designating Observance of Veteran's Mr. Simon read Resolution No. 73-K~d( -- A Resolution of the City of Boynton Beach, Plorida~ Amending Section 2 of Rule XI of the Rules and Regulations of Civil Service: Providing for the Observance of Veteran's Day as a Holiday on November tlth of Each Year~ etc. Mr. Harmening moved for the adoption of Resolution No. 75-NKK, seconded - 6 - MINL~ES OF RECgdLAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, PLOKIDA, HELD AT CItY HALL, TUESDAY, OCTOBER 16, 1975. by Mr. Wallace. ~nder discussion, Mayo~ Jackson asked for clarifica- tion on a certain portion which was dial. erect from he~ copy. Mr. S53n~n explained that it has been changed to conform with the current Rules and Regulations. Motion carried 5-0. Proposed Resolution No. 7D-LLL - Re Extension of Sewer - N.E. 7th Ave. Mr. Simon ~eadResolution No. 73-LLL requiring that the plans, specifi- cations and estimates of cost of the above described improvemer~c be placed on file in the office of the City En~neer of BoyntonBeach~ and he explained that this was the first resolutionwith another to follow on the same subject. Mr. Ha~mening moved for the adoption of Resolution No. 7)-LLL, seconded by ~;m. DeLong. ~nder discussion, Mayor Jackson asked i~ the second resolution requi~ad that the assessment would be borne by,he abutting propez~yowners and setting the date for public hea~ing. Mr. Simon said yes. Motion carried 5-0. Proposed Resolution No. 7~-~ - Re Extension of Sewer - N.E. 7th Ave. Mr. Simon read Resolution No. 73-MMM as a follow-up to the preceding Resolution, requiring that the assessment fo~the above improvement. be bo~neby the abuttingp~operty ownersandsettingthedate for public hearing. Mr. Roberts moved for the adoption of Resolution No. 75-MMM, seconded by Mr. Ha~mer~g. Mr. Waltaoe asked if there was any con~liet with this and the overall programs or ~ants that the City has previously. Mr. Kohl said he did not know of any at this time. Motion carried 5-0. Other Mayor Jackson referred to a letter,she received regarding an accident on the municipal property owned byBoyntonBeach. The City of Ocean Ridge received an identical letter, also sayin~ the p~operty was owned by Boynton Beach. She felt it should be clarified who owns the property. Mr. DeLonq asked if the City's ownership was being contested and if not~ why should Boynton Beach have to prove anything. He requested the matter be turned over to the City Attorney. Mr. Simon said it should be referred to the liability insurance company. After some further discussion, during which Mr. Wallace stated there was no doubt that the City owns the property in question, Mr. DeLon9 moved to turn this over to the City Attorney, secondedby Mr. Wallace. Mr. Kohl advised for the record that this matter has been turned over to the insurance eaz~iar back in April. Mr. Wallace noted that the City Attorney would only oon~i~mthat the City complied with what was quired and Mr. Simon concurred. Mr. DeLong said he would like to know the legality insofar as Mr. Simon's recommendations are concerned. - 7- MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, OCTOBER 16, 1973. OLD BUSINESS ~eport by Frank Carrel, Chairman, Transportation Study Committee In the absence of Mr. Carrel, Mayor Jackson asked ~Mr. Cleary to give a report on the meeting that the Committee had with the County. Mr. Ciea~ said the proposed routes decided upon were presented to the County, who will in turn study them and advise the City of their decision. Mayor Jackson asked when this would be end Mr. Cle~y said they coutdn~t pin the County to a time but it was requested that they move expeditiously. Consider Recommendation of John D. Wessel: City Prosecutor Mayor Jackson noted this item had been on the agenda several times rega~ding the necessity for an ad litem prosecutor with no results. She then read the following letter she received from the City Prosecutor: John D. Wessel: dated October ll, 1973~ with his recom- mendation: "Dear Mrs. Jackson: I had previously been approached for s recommendation for the appointment for a city prosecutor ad litem in cases where a conflict may arise either on my schedule or with regards to a defendant. I have made several attempts to contact attorneys residing or practicing in Boynton Beach. I have been unsuc- cessful in obtaining any names of attomneys who would be wil~ ling to accept the position. I have contacted a well qualified attorney, B. Norris Ricky, who has expressed an interest and willingness to accept this position. I v~uld strongly recommend his appointment.'~ Mr. Roberts asked if Mr. Ricky's address was available and Mayor Jackson said it could be Obtained. Mr. DeLong moved since this position had been open for so long that Council accept the recommenda- tion submitted by Mr. Wessel, adding that he has performed a worth- while job for the City. Mr. Harmening seconded. There was no dis- cussion. Motion carried 5-0. Mr. Simon then read Resoloution No. 73-NNN -- A Resolution of the City of Boynton Beach, Florida: appointing Assistant City Prosecutor, etc. Mr. DeLongmoved for the adoption of Resolution No. 73-NNN: seconded by Mr. Roberts. Under discussion, Mr. DeLong noted that the procedure followed in this matter was in order. Mayor Jackson asked P~. Kohl to drop Mr. Wessel a note requestingM~. Ricky's address. Motion carried 5-0. - 8- MINh~ES OF REGULAR CITY COU~CIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL~ TUESDAY~ OCTOBER 16, 1973. Consider Proposal of Recreation Director re Lightin9 end Resurfacing Tennis Courts Mm. Kohl referred to the material before Council in regard to the resurfacing and lighting of the tennis courts. He then asked to read his own letter which had been prepared today 8~ter he had en oppor- tunity to research the situation himself. He re~erred to the $2D, 000 allocated in the 1972-75 budget for two new tennis courtS; $4:800 for resumfaeing; $1,000 for upgrading the lighting. The latter two figures were low budgeted amounts by today's stendards. M~. Kohl, in accordance ~rith Mr. Charles Frederick, Recreation Director~ recommended and asked for approval to resurface all existing tennis courts with fiberglass for a total Cost of $4~ 500, an8 then the actual court surfac~, in the amount of $7~920; also the complete renovation of the effective lighting system robe aecempli~e~,a~ a cost of $I1,600 for a tota. 1 of $23, 820. The to~al ~mount enC~b~ ~eT~ed from the 1972-73 budget ms $25~ 800~ Rather than build the t~o ~ew tennis courts, Mr. Kohl sug- gested to City Council that a first ~lass job be done on the four existing courts and also he. lp defra~kexpenses for renovati~on and pair of the eou~ts by the. in~oZT~°~ti6n of coin operated lxghts. Mr, Kohl noted that Boynton. ~s the ~nly~ity on the East Coast not charging for te.~n~.s cou~t a~tivitles in a sur~ey of 7 nearby cities. Further~ some cities charge for daytime play as well. Mr. Kohl pointed out that he has gone out for bids on these items and there were none. However~ after talking to two contractors during his research and determining what they would do the job this is what he based his figures on, F~, DeLong felt that the taxpayer, w~ considered in this matter and he would be pleased to move to accSPt the recommendation of the City Manager end Recreation Dimecto~ end tell Mm. Kohl to proceed. Mr. Wallace seconded for discussion. He asked if it was possible instead of do%ng away with the two tennis courts that were previously decided to be build~ to go ahead and built them, even if they didn't fit in with the current lighting, in addition to refurbishing the present ones. This would give facilities of six courts, including four for night play. He ~ett this would take care of the growth of the City for a specified period of time. Mr. DeLong asked through the Chair if Mr, Kohl reached his conclusions based on funds available either for the two new courts or for bringing the existing courts up to par. Mr. Kohl concurred, stating that a new court would cost approximately $7,500 without lighting. There were not enough funds to do everything. Mr. DeLong felt the money presently available for the new courts should be used to bDing the existing courts up to par end then after the bids are received for the new library, see how much money is lezft in the Capital Improvement Fund. - 9- MINGTES OF REGULAR CITY COU~NCIL MEETING OF THE CITY OF BOYNTON BEACH, PLOR~DA: HELD AT CITY HALL, T~ESDAY~ OCTOBER 16: 1973. Mr. Wallace asked i~ Mr. DeLong's studies regarding the City's finances showed that there would be enough money for the tennis courts. Fir. DeLong felt that the library project was so late~ money that the bond issue was going to be floated for was insufficient by approximately $50,000. That money has been found to be available according to the _~igures that Mr. DeLong's survey disclosed. If the library cost is a~ound $300~ 000~ there will be enough: but he did not want to hazard any guesses until afte~ the library bids were in. A~ter further disenssion~ M~. Wallace agreed to accept the City Manager's recommendation and work on the additional touzles the next, time, Mayor Jackson asked Mr. Frederick i~ he found people were coming from other towns to use Boynton~s ter~s courts. Mr. Frederick said many other people are using the free courts and the City is approxi- mately 8 to 9 courts under what should be available for its size. Mr. DeLong noted that the City has been generous and it was time to consider the taxpayers. He said the boat launching r~mp. had to be considered next. Motion to accept the recommendations of the City Manager and Recreation Director carried 5-0. Mr. Wallace moved that the Council give direction to the Recreation Director to immediately post signs that these particular courts are for the use of the people living within the confines of the City of Boynton Beach and they will have first choice. He also wanted in- eluded that a fee should be set up for those who do live outside the City but even in that case, if a City resident should come up, he would have preference over use of the court. He couldn't see charging residents of the City a fee to use their own courts: simply to limit the outsiders from coming in. Mr. DeLong seconded. There was no discussion. Motion carried 5-0. Discuss Palm!~udAgreement There was some dmscu.smon as to whether everyone was in accord with this agreement. Mr. Simon said he reviewed it and it is in accordance with the meeting that was held. Mr. DeLong asked if this was in line with what was on the sewer agree- ment. He asked to be advised as ~o what this was all about. ~. Simon said this agreement was an attempt to reduce.to writing the terms of the Stipulation Agreement entered into with Palmland on the lawsuits. It provided that the technical representatives of each of the parties attempt to draw up a proposal and stubmit it to the City and to Palmland for their respective approval. Mr. DeLong said the sewerage was squared away and now the water is being worked on and Mr. Simon concurred. He felt that from a legal standpoint the agree- ment was proper. 10- MINU~ES OF REGULAK CMfY COUNCIL F~ETING OF THE CITY OF BOYh~ON BEACH~ FLORIDA~ HELD AT CITY HALL, TUESDAY~ OCTOBF~ 16, 1973. ~;~. DeLong was under the impression that Council would have recommenda- tions from the attorney and engineers as to whether o~ not to go along with this agreement. He felt since nothing was in Council's meeting bool% they were at a disadvantage to act properly. Mayor Jackson said she had something from Palmlend but hasn't seen the agreement. Mr. Simon said he did not place this on the agenda and received notice at the same time as Council. M~. DeLong wanted to know if this was in order and if everyone was willing to act on it. Mr. Wallace asked if Mr. Cla~k could bring Council up to date ~ud Mr. Kohl referred to correspondence before Council from Mr. Clark and Mr. David Cento!a requesting to be put on the agenda for tonight. Mr. Kohl also requested Fn~. Klinck to be p~esent. Mr. Clark said Mr. Klinek and ~. DeYoung with Black, Crow and Eidsness formulated a basic agreement to service the facilities that would serve Palmland. This agreement was more or less agreed upon. -He had no objections per se except that he v~ote a memo that ~tiere was a technicality that seemed to be in conflict with our ordinance on the fac~ of it -- but there may be circumstances of which he was %lnawar e. As an aside, Mr. DeLong said that rather than have people come in and put things on the agenda, it should he in the p~rview of the City Manager to make sure that everything on the agenda is in order. Mr. Klinak said he had a meeting at City Hall with Palmland's attorney, Mr. Centola, their Project Engineer: Mr. Wardlaw~ the City Attorney: Mr. Simon and City .Engineer, Mr. Clark on September 28, 19739 at which time they reviewed the draft of an agreement that had been pre- pared by Pa/roland. The agreement was gone through in detail and a revised copy of the draft was received October lst~ under a letter of the same date from Mr. Centola. In essence that draft is in agreement with what everyone agreed to that night. 14r. Klinck said he called Mr. Centola last week and pointed out a number of corrections and he presumed the corrections were made. Mr. K!inck asked Mr. Kohl if he received the letter sent to him last week with some comments on this matter and Hr. Kohl said no. Mr. DeLong said the taxpayers were spending good money and although there was correspondence from Mr. Centola and Mr. Clark, there was no recommendation from the people who are being paid fees. ~. DeLong said he wasn't prepared to act on this matter until those who are paid by the City have made their recommendations as to the direction the City should take. He noted there was nothing in writing f~om Mr. Klinek. Mr. Klinok Stated that he was not runnin~ the Post Office and he had addressed a letter last week to the City Manager which should have had time to get there. He noted that the only communica- tion he received was from the Palmland officials and a telephone request from Mr. Kohl last Thursday for comments on this agreement. - ll - MINUTES OF REC~dLAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, OCTOBER 16, 1973. Mr. DeLong felt the Palmland situation has been hanging fire too long and stressed the importance o~ everyone getting togethe~ With their recommendations so the City Council could take some action. Mr. Klinck felt he had done this as far as possible and in essence~ the. copy of the agreement that he has re fleets the agreement ~a~rived at on September 28th. Mr. DeLong noted the changes referred to by Mr. Klinck and said Council hadn't ~eceived a copy of this. Mr. Harmening said he had a copy of the Ag~eemen~ dated 9/28/7~, but to the best of his knowled~e~ he had never received a revised copy~ Is this what had been lost in the mail? I~r. K!inck said he had never sent a revised copy but he mailed comments to the City Manages. Mr. DeLong asked tt~at the Council be b~ought up to date so action could be taken. Mr. Kohl noted that he had just received the letter from Mr. Centola last Thursday at which time he started the ball rolling by telephone because he knew Russell & Axon couldn't get a letter from him in time to answer. The agenda is put together on Friday, therefore, it is impossible to get evez~ything together in such a short time and from now on it will have to wait another t~o weeks. He has made many requests about this. Mayor Jackson also noted the slow mail service. Mr. Cento!a pointed out that this agreement was submitted to the City Council on October 1st -- 15 days ago. It's the same agreement except for the few changes such as blanks which were left open for the number of days on which certain action would take place, which he discussed with Mr. Klinck. After brief discussion, Mr. DeLong suggested letting the City Attorney make the necessary changes on the agreement and see if they are agreeable with Mr. K!inck: after which the City Attorney can ~ead the Agreement so everyone knows where they stand and Council can act accordingly. After some discussion for clarification between Mr. DeLong and Mr. Wallace~ it was decided that the changes be made right now so that action could be taken this evening, as long as the changes were read into the minutes of this meeting and made a matter of public record. NEW BHSINESS None. ADMINISTRATIVE Consider Request for Certificates of Zoning Approval for Beverage License MINL~ES OF REGULAR CITY COUNCIL MMW. TIN~ OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, OCTOBER t6.. 1973. ADMINISTRATIVE (Cont'd) 1. Gulfstream Marina, 2280 No. Federal Highway 2. St. Andrews Club, 4475 No. Ocean Boulevard Waters DewDrop Inn: 1105 No. Rail~oadAvenue Mr. Kohl's letter for the agenda noted that the above applications had been signed by Jack Barrett, City Building Official, and the locations comply with the local zoning ordinances. Mr. Wallace said if the above were all in order, he moved to 9~ant the certificates. M~. t%oberts asked if St. Andrews was the development that was annexed and listed as No. Ocean Boulevard in Delray Beach. Council said yes and advised that was where they got their mail. Roberts asked if there wasn't some problem withtheir sewe~ line and M~. Kohl said it was being worked on. A~ter some further discussion with Mr. Clark, Mr. Barrett c.larified that the portion ofthe sewer for which they were applying is completed and there is a Certificate of Occupancy issued for the club premises. Mr. Roberts was satisfied. Mr. Kohl noted that the Health Department hasn't given approval on the Waters Dew Drop Inn yet. Mr. Wallace moved to 9~ant the above three certificates, contingent upon receiving approval from the Health Department. Mr. DeLong said all thatts been extended to the City is the courtesy as the license will be issued by the State:. Mayor Jackson asked about the Gulfstream Marina and Mr. Kohl~eferred her to a letter with her agenda explaining this. Mr. DeLong seconded the motion. There was no discussion. Motion carried 5-0. Consider Recommendation of Personnel Officer re Waiving Civil Service Examinations Mr. Kohl referred to a request before Council from Wi]l~am Sullivan: Personnel Director to waive examinations for the positions of Fire Captain, Fire Lieutenant and Court Clerk. Mr. Kohl concurred with these recommendations and requested Council?s consideration in waiving these exams. Mr. Kohl then read Mr. Sul/hivan~s memo to him dated October 11, 1973 as follows: "We would like to have the following positions filled: Fire Captain Fire Lieutenant Court Clerk These positions were posted for the required time and the Civil Service Rules and Regulations, Rule VIII, Exam/nations~ states in paragraph 3: MINTdTES OF P~GUL~R CITY COUNCIL MEETING OF THE CITY OF BOYRTON BEACH~ FLORIDA: HELD AT CItY HALL, TUESDAY, OCTOBER 16, 1973. 'The City Council shall be empowered to waive an examina- tion for any position in the classified service whenever there is only one eligible candidate; or when due to the lack of an eligible and/or eligibles it is necessary to recruit fz~m the public to fill a position due to a creation~ a promotion or a vacanoy~ provided all other specified quslgfieations and/or requirement for appoint- ment a~e complied with.' -- Resolution 73-L The following have applied for the above positions: Name Present Position Applied for: John Vicki Lloyd Rhoden, Jr. Milford Manning Sharon Randolph Fire Lieutenant Fire Lieutenant Firefighter/Driver Secretary I Fire Captain Fire Captain Pire Lieut. Court Clerk Within the Fire Department the above men are the only applicants and we have no other individuals who meet the minimum qualifica- tions at this time. Sharon Randolph was the only one to apply for the Court Clerk position. She is provisionally holding this position at the present time and doing a fine job. Your consideration in placing this on the City Council agenda will be appreciated.?' Mr. Roberts asked if there would be an examination for Fire Captain since there are two applicants. Mr. DeLong advised that there were two vacancies. He said when you're in a small city that is expending, it takes quite a period of time before there is a build-up in civil service for competitive examinations. He could cite many examples in adjacent nTunicipalities where those who were there first had the 9~een light. This is not so later on as the City expands and there is a larger 9-~oupof employees. He felt in the case of Boynton Beach, this had to be acceptedand that specifio amendment was put in there to take care of situations the City is now confronted with in o~der not to bog down. Mr. DeLong moved to accept the recon~nendation of the City Manager and said he was aq~eeabie to hearing what the Fire Chief had to say under disCUssion, if this was desired. Mr. Roberts seconded and said.~the on~ reason he questioned the matter of the Fire Captain was that ha didn, t realiz~ there was an opening for two: so there was no problem. Ua~d~ diseussion~ Mayor Jackson asked if anyonewished to speak to the Chief and Mr. Wallace said he was going under the assumption that this matterhadpreviousiy been clarifiedand theindividuals involved were qualified. Motion carz~ied 5-0. -14- MINU~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOY~ON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, OCTOBER 16, 1975. Palmland (Cont' d) Council returned to the subject of the Palmland agmeement and Fn~. Simon said he had been advised of the corrections and everyone was in accord. The one major change was in the amount of the estimate which went up. Mr. Klinck said the difference in the estimate is due to the fact that during discussions with Palm!and, they suggested that the water transmission main come to their development at a point 700 feet further south on Congress Avenue f~om that which was o~ig~ally estimated. Therefo~e~ the cost of 700 feet of pipeline was added to the estimated cost to build it. Mr. belong asked if there was no contention between the pa~ties now and i~ the agreement could be read. Mr. Simon concurred. M~. belong moved to haVe ~. Simon mead the Agreeme_nt into the minutes to m~ke. it a matte~ of public ~ecord. Mr. Wallace seconded. There was no discussion. Motion carried 5-0. Mr. Simon read the Agreement per the attached copy which is made a par~ hereof. After some clarification that the Agreement included assigns if there was a change of hands~ ~. beLong moved that the appropriate City officials be instructed to sign said Agreement, seconded by Mr. Wallace. Under discussion, Mayor Jackson questioned who might have to sign the agreement and it was pointed out that the motion called for the appropriate City officials which would be determined. Motion carried 5-0. List of Payments Made in August After clarifying that everything was in order with the Finance Director and the City Manager, ~. Wallace moved to accept and file those payments made in August, seconded by ~. DeLong. Motion carried 5-0. ~pproval of Bills Mr. Kohl recon~aended payment of the following bills which have been approved and verified by the departments involved, checked and approved for payment by the Finance Director, with f~nds aVailable in their respective budgets or sources recommended: Fonts/ne Industries Invoice ~49500, Sept. 272 1973 P. O. ~26690: April 18~ 1973 Pay from 2300-514 17484.59 Russell & Axon Invoice ~2, Sept. 30~ 1973 RE: 6858-4-II construction plans and specifications covering InterimWastewater Treatment Facilities ~d ~pg~ading Existing Wastewate~ Treatment Facilities. Acc. No. - 201-557 41, 600.00 MI~PdTES OF REGULAR CITY COUd~CIL MEETING OF THE CITY OF BOYNTON BEACH, FLOILIDA, HELD AT CITY HALL, TLLESDAY, OCTOBER 16, 1973. ~pprovalof Bills (Cont'd) Russell g Axon tnvoice~3, Sept. 30~ 1973 RE: 6858-5-i Expansion of Wastewater Treatment and Collection SysTems. Aec. No. 201-357 $ 5:000.00 Lee A. Walker Co. Application No. 1 P~: Boynton Beach Fire Station ~2 Federal Revenue Shaming & Capital Improvement Fund. 6,675.30 TOTAL $ 54,759.89 Mayor Jackson added that an explanation was available for the $41,600 Russell& Axon bill. Mr. DeLong moved to pay the bills as recommended by the City Manager and he wanted to have discussion on them. Mr. W~llace seconded. Under discussion with Mr. Plynn through the Chair, Mr. BeLong clarified that the account number for the $41,600 bill was 201-557, ~tility General Fund and that this account is made up of all unemcumbered funds. He confirmed with M~. Flynn that this account has approximately $637:000 so there is sufficient money to cover this bill. Motion ca~ied 5-0. Mayor Jackson asked Mr. Flynn about the status of the agreement with Touche and Ross, including thei~ figures. During discussion, Mr. Flynn said there must have bean a delay in the mail and he would follow this up. He had also asked Touche Ross to verify their billing to the City based on the personnel involved. Mayor Jackson then advised that she !earned from the Ocean Ridge City Manager that they have put the amount for the fire hydrants owed to Boynton Beach in their budgets and it would be paid. Mr. Harmening asked if interest would be included and M~. Flynn advised that the two cities would work this out procedurally since there has been work Boynton has charged them for ~ncorrectly. Mr. DeLong said he was pleased at the last meeting when Mr. Wallace brought up the agreement with the auditors and he moved to have the consulting engineers forward the City a list as to what their dealings are with the City and what the appropriate costs or percantages are. Mr. Wallace seconded the motion. Motion carried 5-0. Mr. Kohl noted that Russell & Axon did ~end him a letter which he didn't receive until Monday and that's why it wasn't on the agenda. He didn't want to infer that Russell & Axon had been neglectful. Mr. Wallace referred to the discussion att he las~ meeting about the streets that had been torn up sev~at years ago and Mr. Kohl said - 16 - MINUTES OF REGULAR CITY COL~{CIL MEETING OF THE CITY OF BOYNTON BEACH~ FIDRIDA~ HELD AT CIi~Y HALL, TUESDAY, OCTOBER 16, 1975. he was working on this. M~o Ha~mening referred to a lette~ from Rmnker s atto=ney ~egarding settlement of a lawsuit and Cour~il advised that this had been dis- cussed at the last meeting. Mr. Wallace moved to adjou=n: seconded by F~. DeLong. Motion carried. Meeting adjourned at 9:25 P.M~ ATTEST: ~~City Cler~ - 17 - AGP~EEMENT FOR EXTENSION OF WATER TRANS}4tSSION SYSTEM This Agreement effective on the date when last signed, between the City of Boynton Beach, Florida, a Florida municipal corporation (here- inafter referred to as "City") and Patmland Development Corp., a Florida Corporation (here- inafter referred to as "Palmtand"). WITNESSETH: Whereas, in order to promote the public health and welfare of the residents and property owners of the City thereby improving and standardizing the quality and regulating the supply of potable water the City is willing and able to extend the C~ty water system to serve Patmland Development Corp; and, Whereas, in order to facilitate the availability of a potable water system presently and hereafter %o be needed by Palmlan~ because of continuing development, the City will cause the extension of wa~er service upon the terms and conditions herein set forth; and Whereas, a certain suit has been filed in the Circuit Court of the Fifteenth Judicial Circuit of Palm Beach County, Florida~ wherein M. Robert Johnston et al are Plaintiffs and the City of Boynton Beach, a Florida Municipal Corporation, and Palmland Development Corp., a Corporation, are Defendants, being Case No. 72-C-6624; and ~ereas~ a certain civil action has been filed in the Circuit Court of the Fifteenth Judicial Circuit - 1 of Palm Beach County, Florida, wherein Palmland Develop- ment Corp., a corporation, is~P~l~intiff and the City of Boynton Beach, Florida, a Florida municipal corporation, et al are Defendants, being Case No. 73-579 CA(L) 01; and Whereas, the Final Judgement, which was entered in each civil action on or about 10 May 1973, incorporated in said Final Judgement a Stipulation and Agreement; and K~ereas, said Stipulation and Agreement stated, in essence, that the technical representatives of both Palmland Development Corp. and the City of Boynton Beach, Florida would present their proposed solution to the parties for their approval or rejection, for the pro- viding of potable water to the Charter World project in the same quantities, at or about the same times, and at or about the same rate of expenditure as Palmland would have experienced had it designed and constructed a facility in stages to service the Charter World project; and Whereas, the technical representatives of both parties estimated that the expenditure to Palmland to construct its own facility would be approximately three hundred thousand dollars ($300,000.00) for the first year and an additional one hundred fifty thousand ($150,000.00) for the next t%~o (2) years; and Whereas, the technical representatives of both parties have estimated that the cost of a water trans- mission line to the Charter World pro]ect would exceed the estimated cost to Palmland to construct its own facility; and - 2 Whereas, the technical representatives of both parties have recommended that Palmland advance to the City of Boynton Beach, the n~ce~sary funds to ~esign and construct a water transmission line to serv!ce the western portions of the City's service area, which in- cludes Palmland; and Whereas, Palmland is willing to expend the additional funds for the benefit of all parties. Therefore, in consideration of the benefits which will accrue to the citizens and residents of the City of Boynton Beach and the owners and future owners of property, including Palmland, in the western service area of the City, it is mutually agreed between the parties as follows: (1) That Palmland shall advance a sum of 15% of the estimated cost of said water transmission line which has been estimated by the technical representatives to be $667,500.00; (2) That said advance of 15% shall be toward the engineering and administrative costs, but not limited to; (a) speci fi cations; (b) preparing complete plans and obtaining all necessary permits, right-of-ways, easements, and approvals of regulatory agencies, both local and state. Monies advanced for the payment for property necessary for right-of-ways and easements will be credited towards ~he cost of -construction. applied including by the City (c) advertise and receive ~ ='=' compe um uive bids; (d) evaluate and ta,oulate bids for review and Palmland; and to proceed; (3) (e) prepare contract documents and notice Payment by Patmland of the advance for engineering and administration shall be made'within 5 days of the acceptance and execution of this agreement. Any over-payment by Palmland o~ engineering and admin- istrative costs shall be credited towards the cost of construction; (4) The City shall commence, upon receipt from Palmland of said 15%~ the design of a sixteen (16) inch water transmission main, and such fixtures and appurtenances thereto as are necessary to make the same operable, from the present City water treatment plant to a point · 700+ feet south o~ the northeast corner of the property of Palmland, along the west side of Congress Avenue, by the most expeditious and feasible route; (5) Completed plans and specification shall be submitted by the City to Palmland for written approval within 60 days after receipt of said money ~rom Palmland and before the advertisement for bids; (6) The City shall advertise for competitive bids to construct said water transmission mains in local newspapers, Dodge Bulletin and Associated General Contractors as prescribed by the City Charter and/or appropriate ordinances; (7) The said advertisement for bids shall include a specific time for completion of not more than 180 days after award of contract; (8) That all bids received by the City shall be made available to Palmland within 2 days after official opening of said bids. (9) That upon award~of said contract, Palmland will post a letter of credit, acceptable to the City, for the amount of said contract; (10) That upon exhaustion of the amount of the letter of credit referred to in paragraph (9) above, Palmland shall pay to the City upon demand any additional expenses actually incurred by the City in construction. (11) That the City will provide Palmland with a copy of the schedule of estimated costs and payment dates received by the City from the Contractor. (12) That Palmland will reimburse the City for construction costs within 3 days of receipt of invoices from the City; (13) That after the awarding of the contract, the City will only make changes in the contract documents plans and specification which are necessary for the proper the project as contemplated under this completion of Agreement; (14) That the City will make no other changes in the contract documents which will affect the original contract price unless prior written notification, in- cluding costs thereof, is given to Palm, and and Palmland agrees in writing to said changes and additional costs. If Patmtand does not agree to said changes, said changes may still be made at the Cit5-'s cost provided completion date is not delayed; ~15) That upon completion of construction, the City will provide Palmland and its consultant engineers the opportunity to review the installations and facilities prior to final payment to the contractor; (16) That upon acceptance of the system by both parties, the City will provide to ?almland coples of all payment requests by the contractor, copies of all invoices by the consulting engineers of the City for supervision, and copies of invoices for all administrative costs applicable to this project; (17) That contractor, Palmland for construction; (18) That upon final payment being made to the shall be relieved of all obligations upon completion of the construction the City will begin supplying Palmland with potable water to meet its requirements; (19) That Palmland will receive credit towards connection charges according to the agreement between the consultants for the monies advanced for the construction of said water transmission system. The agreed connection charge shall be One Hundred Twenty-Five Dollars ($125.00) per connection. (20) This Agreement its successors and assigns; In Witness whereo~ the this Agreement to be executed in shall be binding on Palmland, parties hereto have caused their names by their respective duly authorized shown by their signatures. {SEAL) undersigned officers on the date CITY OF BOYNTON BEACH A Municipal Corporation By: Mayor Date: Attest: (SEAL) Attest: BY: Irving I. Rubin, President Date: -6- STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared of the City of Boynton Beach, Florida, and acknowledged that they are the appropriate City officials qualified to execute the foregoing Agreement for the purposes therein expressed. SWORN TO AND SUBSCRIBED before me this day of 1973. Notary Public, STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the appeared My Commission Expires undersigned authority, personally of Palmland Development Corp. and acknowledged that they are the appropriate Corporate officials qualified to execute the foregoing Agreement and that they have executed said Agreement for the purposes therein expressed. SWORN TO AND SUBSCRIBED before me this day of October 1973. Notary Public, My Commission Expires -7- 7t7 NORiH 'FEDERAL HIGHWAY ~ BOYNTON BEACH, FLORIDA 33435 '~ TELEPHON5 73,2-9501 ~fe have received ~rd from the State Department o£ Commerce~ B~eau of ~ea Developmen~ %i~ they ~e&; to be ~th us somet~e ne~ 6he res~e off ~me~ D~-~ent ~ Bo~ton Bea~. ~uis is the progr~ Were ~he State DepoSit o~ ~erce '{~d~.] ~sis% us ~u t~g 6o se~ Flo~da ~o b~Id ~- Bo~t~a Bea~. You approved off 6his p~gr~ ffered yo~ assurance ~. oomp~g the aecess~ C~e ~%tal piece o£ ir%o%~ma%ion that ~,~]3 be needed to complebe this ~¢ql be a st~ or ~moletion ~te on 1-95, We have trier to get ~p¢o~tion from D.O,T. ~_d %aey ad-~_sed uz that the nev~paper ~ti~es ~pe~g %n the ~oe~_ ~ppro~te~ t~,o we¢~s ~o were acc~ate., Their o~ reco~se is a ~md~ation s~t, w~2~.. ~.~ ~st the t~ p~-ers m~q~ of do]~ars ~uS. wo-~d de!~ the st~ date 18 ~nths or longer. Et ~eatly er~nce o~· ~tion to ~uce ~,d.,~ to locate %n o~ ~ty ~ we had a to]~ free ~t~e ~i~y gong thigh Bo~ton %fa a~ askd_~ng you to ~sent t~e at the ne~ City Co,~_~ meet%ug in hopes tb~ they m~~ ha~ a ~olu~ion ~ t~s p~bl~ ~ud assi~ us ~ se]2~g ~n Be&~q to fir~ ~nducive %o s~uable e~no~c ~,~h for Bo~on ~ea~n~ Please ha~ tD~s read Lute the ~_uses of the mee~g: as tb%s ;~ be ~u f~dication to the ~ate Dependent of o'~ sLuce~ty to ¢~¢e t!~m a ¢~otete ~,d ,~t~date res~e of the City. We ~Fieh to zn~-" ~k the Cit2," ~ ,-or -~ the eoooeration, we have received ~u ~'-'~ne past, Coz: Fen%one President