Minutes 09-04-73MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON
BEACH, FLORIDA, MELD AT CITY HALL, T~ESDAY, SEPTEMBER 4, 1973.
PRESENT
Emily M. Jackson,
Joe DeLong, Vice Mayor
David Roberts, Councilman
Edward F. Harmening, Councilman
Forrest L. Wallace, Councilman
Frank Kohl, City Manager
Tereesa Padgett, City Clerk
E~nest Simon, City Attorney
Mayor Jackson called the meeting to o~der at 7:50 P.M. She welcomed
the audience and asked them to .rise for the invocation given by
Mr. Frank Kohl and followed by the Flag Salute led by Councilman
Wallace.
~Itnounc ement s
Mayor Jackson announced, in the interest of comfort, that anyone
wishin9 to remove his jacket would be welcome to do so.
Regular Megtin~ .- August 21, 1973
Mr. Harmening moved to accept the minutes of the Regula~ Meeting of
August 21, 1973 as written. Mr. Wallace seconded. There was no
discussion. Motion carried 5-0.
Special Meet.ing - August 24, 1975
Mm. Roberts moved to accept the minutes of the Special Meeting of
August 24, 1975 as written. Mr. DeLong seconded. Mr. Wallace and
Mr. Ha~mening stated they were absent from this meeting and would
not vote. Motion caxTied
PUBLIC AUDIENCE
Mayor Jackson requested that those people present desiring to speak
in referen, ce to items on the agenda glve thexr names to Mrs Pedgett.
She then invited anyone to speak for three minutes each about items
not on the agenda.
Mr. O. T. McLean stated his name and his address as 906 South Federal
Highway. He said he wished to bring certain things in the Police
Department to the Council's attention. He referred to the last issue
of the '~x~miner" where it announced that Sergeant Dixon was being
premoted to Lieutenant and Officer Camp being named officer of the
month. Sgt. Dixon is the officer who arrested me and committed perjury
at my trial; I was found not guilty. Patrolman Camp has been held
in two false arrest suits. On the item of Sgt. Dixon, I have some
sworn statements that I would like to read that will further clarify
his qualifications: if the Council would care to see what kind of
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MI~dTES OF REGULAR CITY COUNCIL MEETING OF THE CItY OF BOYNTON
BEACH, FiORIDA, HELD AT CITY HALL, TUESDAY, SEPTEMBER 4, 1975.
men are heading our Police Department. He proceeded .to read a letter
about a boy who was about 15 or 16 and of slight frame, Sgt. Dixon
grabbed him by the neck and also reached inside the car and hit him
with a flashlight and put lacerations in his head. Mayor Jackson
stated that Mr. McLean's three minutes were up and if he desired to
continue his statement, he could do so at the end of the meeting.
M~. McLean replied that these men have been p~omoted and not fired
and that he wOuld have additional statements.
BIDS
Clearing and Construction of Basketball Court, Parking Lots and Soft-
ball Field - Rolling.. Green Park
Mr. Kohl ascertained that the Council members had copies of the Bid
Tabulation Sheet and Bid Item Schedule for this project. The Tabu-
~lation Committee recon~ends acceptance of the sole bid from Ha~drives,
Inc~ for all items except'Item No. 8 and recommend we negotiate with
other contractors for this item. Funds are available f~om Revenue
Sharing - Capital Improvement Fund. I therefore reeo,6f~end we accept
the sole bid from Hardrives, Inc. in the total amount of $8,659.55.
M~. Wallace made a motion to award this bid to Hardrives, Inc. for
$8,659.55. It was seconded by Mr. Harmening. Motion carried 5-0.
Clearing and Construction of Basketball Court, Parking Lots and Soft-
ball Field - Forest Hills PaDk
Mr. Kohl ascertained that the Council members had copies of the Bid
Tabulation Sheet and Bid Item Schedule for this p~oject. The Tabu-
lation Committee recommends acceptance of the sole bid from Hardrives,
Inc. for all items except Item No. 10, for which we should negotiate
with other contractors as the Com~nittee is of the opinion that the
required 300 lineal feet for concrete header, inclu~ng reinforcing
steel, can be obtained for less money. Therefore, it is the recom-
mendation of the Tabulation Committee to accept this bid in the
amount of $15,297.25 and I concur. Funds are available ~rom Revenue
Sharing - Capital Improvement Fund,
Mr. Wallace made a motion to aw~d this bid to Ha~drives, Inc. for
$15,297.95. It was seconded by Mr. Ha~mening. Motion carried 5-0.
Clearing and Construction of Basketball Court, Parking Lots and Soft-
ball Field - Sa~a Simm Park
Mr. Kohl announced that no bids had been received for this p~oject.
O~Brien & Suiter have made a survey and we will turu it over to the
atto~ney to draw up a Resolution. We can 90 ahead with rough grading
with City crews.
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MI/N~TES OF RE~dLAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL: TUESDAY, SEPTEMEE~ 4: 1973.
Mr. DeLong made a motion as soon as the legal matters are taken care
of and a Resolution drawn up and passed~ the City Manager be given
the authority to proceed with work for completion of this project.
Mr. Ha~ng seconded the motion. Under discussion, Mayo~ Jackson
asked if it ~outd cost less than $1~ 000. M~. Kohl ~eplied that if
it goes over $I, 000, I will ask for your approval. Mr. ~Harmening
asked what happened to the 8th Street Park and Mr. Kohl replied that
these were the only ones to be done at this time.. Members of Council
advised Mr. Harmening that the 8th Street Park ms the Forest Hill Park.
Motion carried 5-0.
Clearing, Grading a~d Paving Parking Field - Wilson Recreation Center.
Mr. Kohl ascertained that the Council members had copies of the Bid
Tabulation Sheet and Bid Item Schedule for this project. The Tab-
ulation Commitee recommends awarding all items except Item Nos. 5 and
8, as they feel Item No. 5 (sod) can be negotiated with an outside
contractor for less money and Item No. 8 (removal of fence) can be ac-
complished by City crews. The Tabulating Committee recc~m~ends award-
ing this bid to Hardrives, Inc. in the amount of $5,892.50 and I
concur with thei~ recommendatlor~ Funds are available from Revenue
Sharing - Capital /mprovement Funds.
Mr. Wallace made a motion to award this bid to Hardrives, Inc. for
$5,892.50 and it was seconded by Mr. Roberts. Under discussion, Mr.
DeLong asked Mr. Kohl if he intended to hold off until the building
addition was completed and he replied that he was. Motion carried
5-0.
Civic Center Tennis Courts: Resur~acing and Lighting
Mr. Kohl announced that no bids had been received for this project.
He requested permission to negotiate with individual contractors,
adding that some work can be done with City crews.
Mr. DeLong made a motion that the City Manager go ahead~thCity
crews and when finished, if outside help is needed, then come back
to the City Council with a recommendation and it was seconded by
Mr. Wallace. Under discussion, Mr. Haz~ening asked that it be shown
on the record that bids were mailed to 12 individual organizations
and companies and no bids were received. Motion carried 5-0.
Three (3) Air Conditioning Units,~Second Floor, City Hall
Mr. Kohl ascertained that the Council members had copies of the
Tabulation Sheet for this project. This sheet is signed by all
depaz.~ment heads concerned and recommending Atlantic Refrigeration
of Delray Beach be awarded the bid in the total amount of $14,980.
This is a package bid for all three items as indicated on the specifi-
cations and I concur with their recommendation. Funds .are available
in the 1972-73 Budget (2200-518 - Facilities) and the 1973-74 Budget
(1810-518 - City Hall). Atlantic Refrigeration is quite a bit lower
MINU~ES OF REGULA~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT C~Y HALL, T~ESDAY, SEPTEMBER 4, 1973.
than the other companies bidding and I have checked and, they. a~e a
good company. They will start within thirty days after delivery of
equipment.
Mr. Harm~ning made a motion to award this bid to Atlantic Refrigera-
tion for $14,980 and it was seconded by Mr. Wallace. Under discus-
sion, Mr. DeLong said several accounts were mentioned and he would
like to have the amount from each account shown. Mr. Kohl agreed.
Motion ca,tied 5-0.
Ordinances - 2nd Reading
No. 73-38 - Re M-1 Industrial Zoning Classification
Mr. Simon read Ordinance No. 73-38 on second reading - An Ordinance
of the City of Boynton Beach, Florida, Amending Chapter 51 of the
Codified Ordinances of Said City by Amending Section 31-10 by
Providing for Specific Permitted Uses and Prohibited Uses Under
M-1 Industrial District Zoning Classification, etc.
Mrs. Padgett said that several people from the audience would like
to speak on this subject,
Tony Malotke, 1380 S.W. 28th Avenue, said he was in favor of the
majority of this ordinance, but that one part puzzled him. It is
spelled out that we will not have any factories such as cement. I
don't see why a company that has been in business for 15 years should
be affected which now has to move on account of 1-95. We need this
type of factory in this area for construction work. Taxes from these
companies help to lower ours. Would this company be an asset to us i~
it stayed here if 1-95 did not come through, or are we better off
without one? Mr. Roberts replied that he did not ~ealize the issue
was whether a cement plant was here or not -- the ordinance was to
be amended spelling out the M-1 classification. Mr. Matotke eon-
tinued that the way he understood it, the City will be hurt by this
o~dinanoe, it will affect the present company that is inhere now.
As a citizen, I don't want to see a company get hurt. Some considera-
tion should be given to people that have been in business in this
town. I am concerned about just one part of this ordinance.
Mr. DeLong stated that the Council is acting on a petition received
from the people. Mr. Harmening stated that our ordinance as it is
presently written in reference to M-1 Industrial Zone is very vague;
therefore~ in light of this, we are clarifying this ordinance. How-
ever, so far as this ordinance keeping a company that has been in
business in this town for so m~ny years, I am partially in agreement
with you that this a~ea does need Rinker for construction. I would
hate to see this ordinance used to keep Rinker out.
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MINU~ES OF RE~dLAR CITY CO%hNCIL MEETING OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT C~TTY HALL~ TUESDAY, SEPTEMBER 4, 197D.
Prank Carroll, 348 High Point Court, stated that he is Vice President
of the United Boynton Civic League. At the introduction of this
ordinances we voted on it and the League feels very strongly that
this is the way it should go -- exactly the way the Council wants.
M~rgaret Ku!iek, 614 N.W. 7th Street, stated she was speaking for
her mother and herself. We are in favor of the amendment of not
letting any heavy industry in this area. We are directly behind
this az~a and have a problem keeping ou~ house and yard as nice as
possible. I work for a concrete plant end the pollution control
does not always hold t~ue. We get continuous complaints about dust,
noise, etc. When Rinker moves, it will be directly behind us. I need
to get rest to get up early for work and the noise continue, s into the
night as well as on weekends. We will have a bad problem if it is in
back of us.
SLmon Ryder, 2379 S.W. 13th Avenue, said he was a resident of Boynton
Be~ch for about one year end that he was speaking as a taxpayer.
He told about his experience as an employee for the City of New York
for many years in the Highway Depart-mont. I think this matter before
us is very important in public interest in the standpoint Of dust
pollution, noise pollution and damage to city streets. There is no
sue// thing as a clean concrete plant. In the manufacture of concrete
you have such materials as sand, cement and stone. These pose a
problem such as dust pollution coming in various ways to the plant.
Material goes into bins, so you can mix it into concrete. Sometimes
they only have open stock piles or bins that are uncovered. In most
instances, the conveyors remain uncovered. On a clear day~ you can-
not see far. Rinker has proven to be s very poor tenant and one of
the representatives says they are engaged in long term improvement
of their plants and this has been going on for at least twenty years
and still nothing has been done. Their yard is unpaved end dust blows
all over. He cited expenses involved with his experience in New York
City with ren~erence to concrete plants. Mayor Jackson stated his
three minutes were up.
Mr. Roberts stated that several hearings on two different concrete
plants had been held end the question is whether we should adopt
this amendment for zoning. Mr. DeLong added that this was way off
the'order of business. Mayor Jackson requested that anyone desiring
to speak in favo~ of the ordinance make their statement yes, briefly.
Mr. HermanMauw, 2201 North Swinton Avenue, Delray, F.E.C. Association
of General Contractors, said from the brief reading of this proposed
ordinance, he assumed concrete plants would need a special amendment
to build in this zoning. We are in a fantastic building boom inthis
area and we are extremely short of materials; the cost of materials
has risen and materials have to be brought in from other areas. This
shortage exists today with the Rinker plant. This would be doing a
large service for your oitizens that will be having homes built, thus
saving $500 to $600 per unit if the plant is in this area. Prior to
MINUTES OF RECJJLAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL, THESDAY~ SEPTEMBER 4, 1973.
passing this ordinance: I think you should consider the economic
standpoint.
Mr. James Wilson stated that he waS not against the construction
business: but has gone through this neighborhood from builders an
down and they wished him good luck in getting this passed. They can
go to Delray or even West Palm Beach, but don~t want it here. Drivers
have even wanted heavy industry out. We would not lose taxes and don't
want them to move out of the City, just the congested area.
Mr. Harry LeFor~ 2152 N.E. First Way~ stated he was in favor of
passing the ordinance. In our neighborhood alone, we have petitions
with approximately 1,200 to 1,500 people and we don't want it there.
I want to thank the City Manager for the prompt action he took in
placing the 25 m.p.h, speed limit signs along N.E. First Way.
Mr. Lucius McAdoo, 434 N.W. 4th Avenue, stated he was representing
RiD_kef Materials Corp. There are 28 to 30 employees working in t his
area that would be out of a job. I have lived in this City for 12
years and I am a citizen. Contractors buy material theme. Trucks
haul sand and pea rock and they would also be out of a job. Why
can't we leave the zoning as it is? I had planned to make this my
home and like my job. I am not only speaking for myself, but for
28 to 30 other employees.
Mr. Jerry Jackson ~epresenting Rinker Materials stated that the
effects of this zoning had already been discussed quite extensively.
I would like to emphasize that Mr. DeLong and Mrs. Jackson are in
favor of this ordinanee as it a/ms primarily at the concrete indus-
try. It will deprive the right of a company the right of private
enterprise which provides a base for the development of growth for
the City of Boynton Beach. It is appalling that I must defend the
right of this eompany to do business. With a short vote, you have
the power to destroy what it has taken a company to build in over 15
years. We have been through this before. The fact is that 1-95 is
forcing Rinker to move. Because of this, Rinker has not made the
improvements to keep it a standard operation. The new operation has
to obtain a permit from the Pollution Control Depazecment and their
standards are extremely high. We must meet these standards; therefore,
we will not be a pollution source. Before this proposed plant is
completed, State officials come in and apply standards of pollution
control and we must show this new plant will not be a pollution
source. The people are passing this proposal with this particular
section that we areopposed to. It would be a disservice to Rink~r and
even a greater disservice to the con, unity, plus loss of employment
for 28 people. You are able to pass an ordinance that says you do
not have a right to work in Boynton Beach. Mr. DeLong has stated that
the primary purpose is to define more specifically what your present
ordinance states. At the same time, I would like to point out that
the court has discussed this in the Lehigh vs. J. Barrett case and
they recognized the fact that the present zoning you have for M-1 is
MINU~ES OF REGULAR CITY COUNCIL MEETING OF THE CItY OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, SEPTEMBER 4, 1973.
vague. The cour~ stated very clearly this lack of specification;
the use intended is one of manufacturing for a~ appropriate distTeiet.
It is our request that whatever means you decide to select whether
to table, etc., that you respect the court's interpretation, respect
the fact that R~nker has served the City for more than 15 years,
respect the r~ght of 28 employees .to continue working and the right
of I{inker to continue serving.
~. George Ampol, 235 South Boulevard, stated he was for the ordinance.
I have had ove~ 28 years of experience in design and testing of
concrete. I don't like to see 98 to 50 men thrown out of a job. I
don't see any reason why this ooncrete co~poration has to come within
the City limits to put up a per~%~nent plant. They could put up s
temporary plant west of the City where p~ima~ily all the construction
is now. Why do they insist on coming in a congested area with a
per~enent concrete plant.
Mr. Robez~cs moved for the adoption of Ordinance No. 73-38 on second
reading. .Mr, DeLong seconded the motion. Mayor Jackson called
for a roll call vote s~J~is has been a controversial subject.
Under discussion, Mr. ~IZ~ questioned if there was anything
illegal. Mr. Simon replied that it is a valid leg-islating exercise
of this governing body. The roll call vote then proceeded as follows:
Mr. Roberts - Aye
Mr. Wallace - Aye
Mr. Harmenin9 - Aye
Mr. DeLong - Aye
Mayor Jackson - Aye
Motion carried 5-0.
Ordinances - 1st Reading
Proposed Ordinance - Re Clearing Vacant Lots (On the Table)
Mr. Kohl requested that this proposed ordinance regarding clearing
of vacant lots remain on the table.
Proposed Ordinance - Amending Sec. 26-5 of the Code, Municipal Excise
Tax (On the Table)
Mr. Wallace moved to take this item off the table~ seconded by Mr.
DeLong. Carried 5-0.
Mr. Simon read Ordinance No. 73-~9 in its entirety: An Ordinance
of the City of Boynton Beach: Florida, Amending Section 26-5 of Chap-
ter 28 of the Codified O~ftinances of Said City~ to Provide for an
Amendment of the Municipal Excise Taxes of Said City, etc.
MINT~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL: TUESDAY, SEPTEMBER 4, 1973.
ME. Wallace moved to pass Ordinance No. 73-39 on first reading and
it was seconded by ~r. Roberts. %Lnder discussion, Mr. Wallace asked
if this ordinance was just a clarification of the excise tax and not
anything new. Mayor Jackson replied that actually right now~ the
individual owners are now paying 10% on the first $25.00. Mr. Flynn
added that this would pass onto the home owners a small saving,
reducing the taX 10% to 6~. The majority of home owners vrill benefit
from this. Motion carried 5-0.
Proposed Ordinance - Amending Sea. 50B-52(D) of the Code Re Construc~
tion Planning
Mr. Simon read Ordinance No. 75-40: An Ordinance of the City of
Boynton Beach, Florida, Amending Section 50B-52 (D) (5) of Chapter
50B of the Codified Ordinances of Said City, Providing for the
Approval of the City Manager under said Section to be Un Conjunction
with and with the Cooperation of the City Engineer, etc.
Mr. DeLong moved to adopt Ordinance No. 73-40 on first reading and it
was seconded by Mr. Ha~mening. There was no discussion. Motion
carried 5-0.
Resolutions
Proposed Resolution - Abandonment of Roads & Easements in Seaway
Terrace (On the Table)
Mr. Kohl said that nothing was ready as yet ~ud requested this pro-
posed resolution be le~t on the table.
Proposed Resolution - Re Flood Insurance
Mr. Simon read Resolution No. 75-XX - A Resolution of the City of
Boynton Beach, Florida, Applying for Eligibility of the Sale of Flood
Insure~uce Under the National Flood Insurance Pro,am.
Mr. Thomas Canavan of Sterling Village asked if existing buildings
would be included for flood insurance. He asked if existing buildings
would need a building permit to be examined before applying for flood
insurance. Mrs. Jackson said no, the law now reads although an
individual condominium owner cannot get flood insurance, if the whole
building wants it, they can, but p~esent buildings are not affected.
Mr. Simon concurred. He asked what procedure people should follow to
get flood insurance. Mr. Wallace assured Mr. Canavan that as soon
as this was passed, insurenee agents would be in touehg~th him.
Mr. Kohl added that it would take a~Out two months to get everything
accomplished for the Federal government. Mr. Canavanthen inquired
if he could look to getting flood insurance before the year is out
and Mr. Kohl replied that he was not sure.
Mr. DeLong moved to adopt Resolution No. 7~-XX. Mr. Harmening
seconded the motion. Motion carried 5-0.
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MINGTES OF EEGUI~ CITY COUNCIL MEETING OP THE CITY OF BOYRTON
BEACH, FLORIDA HELD AT CITY HALL, TUESDAY, SEPTEMBE~ 4, 1973.
Proposed Resolution - Re Water & Sewer Lines Crossing Seaboard
Coast Line Railroad
Mr. Simon read Resolution No. 73-YY, authorizing the Mayor to sign
an Agreement with Seaboard Coast Line Railroad, dated August 3, 1973.
~ir. Harmening made a motion to adopt Resolution No. 73-YY. Mr. DeLong
seconded the motion. There was no discussion. Motion carried 5-0.
OLD BUSINESS
Discuss Proposed Assessment for Paving Portion of S.E. 26th Avenue
Mr. Kohl ascertained that the Council members had a copy of a memoran-
dum received from Mr. Tom Cla~k, our City Engineer, which is self-
explanatory and copies of the Charter pertaining to assessments:
Article I - Section 7 - Paragraph $ and Article VIII, ~'Pub!ie
Improvements and Assessments~ - Sections 156 through 160. It would
appear to me the crux of the matter is Section 158 - ~Special Assess-
ments - Methods~ wherein one of two methods are designated for
assessments. In my opinion the only equitable method of assessment
must be accomplished on a f~ont foot baSis, simply because it would
be impossible to determine how beneficial any improvement m~y be
to each individual ease. To attempt to make a decision along these
lines would surely become an extremely controversial issue, as there
is no question in my mind that if assessments were determined on
~'beneficial basis'~: many of the residents would completely disagree
with our decisions in this re~ard. I would, therefore, recommend
we assess the residents on a front foot basis as being the only
equitable method.
Mayor Jackson made the following statement: Since I was on the Council
for the entire two yea~s S.E. 26th Avenue has been under discussion,
I would like to revi~ the chronological order of the events:
This was first discussed at the meetings of September 21, 1971 and
on October 5, 197t.
Oet. 19:!971 - Resolution 71-GG was adopted to assess the
abutting owners for the building of this road. Also Resolu-
tion 71-KK was adopted setting date for Public Hearing for
Nov. 2, 1971.
Nov. 2:1971 - A public hearing was held. Owner of lots
92 and 93 objected, as did owner o~ lot 9~. However, the
resolution passed.
Nov. 5, 1971 - Owner of lot 94 sold lot to Dr. Kiszka.
Feb. 15, 1972 - Bids for paving were awarded.
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MINGTES OF REGULAR CITY COLLNCIL MEETING OF THE CI~f OF BOYNTON
BEACH, FLORIDA, HELD AT CItY HALL, TUESDAY, SEPTEMBER 4~ 1975.
June 15~ 1972 - Five months after awarding of bid for
paving, Dr. Skinne= and Dr. ~-~ jointly bought lots
92 and
Even though three lots have changed hands to new owners, the vote to
assess was passed prior to the purchase of these lots, so my feeling
is that these owners are responsible for the assessment.
Mr. DeLong added that we would have to come through with an assess-
ment roll and requested the City Attorney to give a legal procedhre.
Dr. Skinner appeared be2~ore the Council. He asked Mr. Simon to refer
to the Charte~ where it said when an improvement is to be placed
adjoining or affronting a property, the City would do it if it was
for the City or if the majority of property owners request it. You
just ~ead, Mayor Jacksor~, th~c a majority o~ the p~operty owners
objected to the improvement. The City decided to put this in over
the objections of the prope~f owners. Mr. Simon said he would answer
if the City desired him to and ~eminded them he had a peculiar involve-
ment through a relationship with one of the owners. Mr. Roberts
stated that in view of the fact that the property had changed hands ~
it appeared to him the new owners would be responsible for the lien.
Mr. DeLong agreed that it was embarrassing for the City Attorney
since he is related. He added that we would have to go through the
regular procedure again.
The Council members discussed what procedure to follows~ whether to
process as a new one, go back to a public hearing, back to first ~ead-
ing, etc. The o~i~inal hearing: first reading and second reading
were also discussed by the members. Mr. Wallace su~ed up~ saying
we should come up with a specific policy and get a policy for the
City to follow from here on out. In this particular issue~ we
gave directions to the City Manager to meet with the people involved
and then he came back and we reached an agreement and a vote was
taken, then at the last meeting the Council reversed itself. Mr.
DeLong said that he agreed with Mr. Wallace that we should adopt a
policy. The City Manager has given us a policy to follow on his
memo. He recommends assessing the residents on a front ~oot basis.
Mr. DeLong made a motion to accept the recon~endation of the City
Manager insofar as a front foot basis. Mr. Roberts seconded the
motion. ~nder discussion, P~. Harmening said the recommendation of
the City Manager was an excellent way to expedite matters, but was
contrary to the Charter. If you agree to use a front foot assessment
in all cases to establish as a policy, it disagrees with the Charter
in several sections. It is obvious to me that in the future there
will be many times that straight front foot assessment v~ill not be
equitable at all times.
~. ~oberts said the fact is if the original owners had come forward
and ~aken some action on what had been done, it would be a different
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MINL~Eg OP REG%U~A~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON
BEA~ PLORIDA~ HELD AT CITY HALL: TUESDAY, SEPTEF~ER 4, 1975.
question, but we cannot allow all the new owners to come now.
Mr. DeLong called the Council's attention to the fact that as of the
first of October: it will rest with the local governing body to set
up and adopt any ordinance they see fit and that will.eliminate the
provision of the Charter. There will be all different methods to
adopt in the future. We should state exactly what we want to do,
so it can come back before the Council.
Mr. Simon said that it is well sund good to provide for an established
policy~ but that is like saying we will make suits of clothes~ size
38. It will fit some people: but not all people. Hnder the Charter
and under General law, special assessments are based upon the property
being benefitted by the improvement. The Charter recites established
law. He further pointed out that the lots in question were odd
shaped pieces of land and required special attention. Mr. DeLong
said he believed that there was one word that should be changed:
assess ~these~' residents. Mr. K~hl~s mission was to set policy in
this specific instance. He was delegated by this City Council to
meet with these particular people and he believed he had reached an
agreement. I would believe that Mr. Kohl is not trying to set policy
for all future assessments and is only 5_nvoived to the extent of this
particular item. Mr. Kohl agreed that this was correct. The engineer
was to give his recommendation and I was to give my reco~nendation.
I brought to you people exactly what Dr. Skinner told me and then
Dr. Simon disputed everything that t spoke.
Mr. DeLong made a motion that we accept the recommendation of the
City Manager that these residents who are involved in this particular
item be assessed on a front foot basis. Mr. Roberts seconded the
motion and asked how it would effect the new owners. Mayor Jackson
again stated the dates of the original resolution and readings,
Motion carried 3-2~ with Mr. Harmening and ~. Wallace opposed. Mr.
Harmening added that this was not only contrary to the Charter, but
also to the ~tate law. It was also s.n inequitable situation that the
City is attempting to impose upon these property owners.
Mr. Simon read Ordinance No. 73~41 on first reading -- An Ordinance
of the City of Boynton Beach~ Florida, Levying Special Assessments
Against Property Benefitted by a Certain Street Improvement Project
Within the Said City, to wit: Construction of Approximately 600
Peet of Roadway on S.E. 26th Avenue~ Between S.E. 1st Street and
Seaerest Boulevard, Reciting by what Method Said Special Assessment
is Made and the Time when Same shall Become Payable, Providing for
the Method of Collection Thereof~ and for Other Purposes~ etc.
Mr~ DeLong moved to adopt Ordinance No. 73-41 on first reading and
it was seconded by Mr. Roberts. Motion carried 5-2~ with Mr. Harmen-
ing and Mr. Wallace opposed.
ll-
MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON
BEAQH~ FLORIDA~ HELD AT CITY HALL, TUESDAY, SEPTEMBER 4, 1973.
Consider Appointment of Assistant Prosecutor (On the Table)
Mr. Wallace moved to drop this appointment from the agenda. Mr.
DeLong seconded the motion. Motion ea~ried 5-0.
Recommendations on Water & Sewer Expansion - John Klinck (On the Table)
Mr. Kohl stated that a few more weeks were needed. Mr. Wallace made
a motion to drop this from the agenda and it was seconded by Mr.
Roberts. Motion carried 5-0.
Discuss Proposed Tz~ek Route (On the Table)
Mr. Wallace moved to remove this from the table and it was seconded
by Mr. DeLong. Motion carried 5-0.
Mr. Kohl read a letter from the City Engineer in reference to the
p~oposed truck route which he discussed with the Police Department
and Palm Beach County. He also recommended reducing the speed limit
to 45 m.p.h, on Congress Avenue within the City 'limits of Boynton
Beach.
Mr. DeLong moved at this time that the City Attorney draft an ordinance
in compliance with the truck routes determined by Mr. Tom Clark,
the Police Department and the City Manager. Mr. Wallace seeded
the motion. Under discussion: Mr. Wallace referred to the speed
limit on Congress Avenue. He noted that there are driveways with a
pretty rapid rate of traffic. Would it be possible for a warning
sign to be posted at these particula~ locations where they feed into
through streets? Mr. DeLong replied that he believed the City Manager
will recommend signs to be put in necessary areas. Motion carried
5-0.
Discuss Full-time Attorney - ~
The coUncil members ~ copies of resumes fro~ three men indi- ~.~?
eating a desire to serve as C~ty Attorney for the City of Boynton ~a/~%/~
Beach: Malcolm Ande~son~ Ernest Simon and Joseph C. Genovese.
Mr. Harmening made a mot-ion to accept Mr. Simon's applieation~ as he
has done a splendid job representing the City. Mr. Wallace seconded
the motion. LLnder discussion, Mr. Roberts refer~ed to the budget
allowing $25:000 maximum. Do we agree to this for a full-time service
at this maxiu~m figure? Mr. Simon replied that the budget is set~
but as I told you, it would be my hope to employ an assistant, who
would add to the availability of legal services to the City. Mr.
Harmening stated he had based the motion on the time according to the
date on the letter and that we had already set the budget. Mr. Roberts
said he thought we had discussed some of this and just wanted to know
if the figure stated would be suffioient. I am wondering whether
this fignre would be acceptable on ~ull-time service. Mr. Simon
~LI~JTES OF REGULA~ 'CITY COU~NCIL MEETING OF THE CH OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, SEPTEMBER 4, 1973.
replied: not full-time, just first priority. My understanding is
that my duties will not change, the basis will be on a priority basis
and the remainder will remain the same. I~ am willing to continue
as the City Attorney at this budgeted figure. Mr. Roberts asked if
this included all City o~dinances, defending all t~tigation: no
additional fee for the validation of Revenue Certificates, General
Obligation Bonds~ Law Library. t~r. Simon replied: yes. Motion
carried.
Discuss Non-existing S~er Service Laterals
Mr. Kohl aScertained the Council members had copies of three memos
stating that these lateralS could not be located from drawings.
The members discussed how such a mistake could have occurred and
questioned if they were looking in the right locations. Mr. Kohl
said Lauderdate Construction had given a proposal of $1~200 for each
location noted as: t59~ N.W. 3rd Street: 210 N.E. 10th Avenue and
3049 N. Seacrest Blvd. ~ but pbssibly could get lower bids if the
Council gave thei~ approval. Mr. DeLong stated that some e~gineering
should be done on this a~d then come back with a complete engineering
picture. Mr. Wallace felt it could be handled administratively
or the City could do it. However, if we paid for this before, there
should be records of it. This mistake was discussed further and Mr.
~ohl said he had t~ied to find out wh~ it had happened~ but it was
s~ long agO, no one had answers. After more discussion about the
~ocation and pz~ice, Mr. De~n.g summed up by stating the City Manager
ould handle it administratively and shop for the lowest price.
Consider Request of Boynton Beach Little League
Mayor Jackson ~ead a letter dated August 29, 197D from Charles
Christman, President of the Boynton Beach Little League: detailing
their reasons for this request.
Mr. Centola appeared before the Council and stated that the Little
League has been in Boynton Beach for over 15 years and we mainly
utilize the N.W. 2nd Avenue field and this field was built by
public donation. This is the first time we have come before the City
for funds. The Little League uses the field only about five months
out of the year and the rest of the time it is open for softball~
football, etc. The Little League will build a concession stand and
announcer's booth. 1-95 will only be 18 feet from the fence and
would cause a hazard. Lighting and the bleachers are in very poor
condition on 2nd Avenue. What we want to do is build two fields at
S.W. 15th Avenue. Plans are to build a second field east of the
existing field. Mayor Jackson asked Mr. Flynn How much money was
coming from 1-957 Mr~ Fiynn replied that there was in the files a
communication from Mr. Kohl stating that we do have some money
coming, when we turn over certain City property. Mr. DeLong stated
he waS just about fed up with the people coming and complaining about
the appearances of the public facilities in this City. We pay as
15-
MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL: TUESDAY, SEPTEMBER 4, 1973.
much as other cities: but don't seem to get first class recogn/tion,
insofa~ as the finished p~od~ct is concerned.
Fm~ DeLong made a motion that he would like to see this City Council
go on record to tul~n this over to the City Manager to work this out
with these people and also work out with the City Appearance Board
and put a field there that we can all be pmoud of. According to
my figures, we have about $85,000 left ovem. Let's go o~t and do some-
thing for the youth of this City and put something there for all
of us to be proud of. Nn~. Wallace seconded the motion. Under dis-
cussion, Mr. Roberts questioned whether this had been presented to
tile Recreation Depa~ment. Mr, DeLong answered that the City Manager
will get together with them and the City Appearance Board. We will
get lights, etc. Mr. Wallace added that these people have worked
very closely with the Recreational D/~ector~ M~. Roberts then asked
to what extent the field at 2nd Avenue is affected and also the school.
Mr. Wallace ~eplied that 1-95 will be within 15 feet of the class-
rooms. Mr. Roberts remarked that the 15th Avenue location seems to
be-good, but how late should children be playing ball on a school
night.
Mr. Tom Marvin, 1610 N.W. 1st Court: informed b~m that Little League
regulations state they cannot play past 9:30 or 10:00 for Junior
Leaguers. There is a 10:30 shut-off t/me at the 15th Avenue field.
Mayor Jac_ksen added that she was aware that they have very strict
rules. Motion carried 5-0.
Discuss Joint Meeting with Planning & Zoning Board~
Appearance Board and Technical ~e~iew Board
Community
Mr. DeLong felt that this should be sent back to the City Manager to
set up a meeting between these different boards to take care of their
problems and t~ce care of their rules and regulations. Mr. Wallace
questioned whether they had reached an impasse and Mayor Jackson
replied that she had placed this on the agenda but she felt they
needed a flow chart. Mr. DeLong added that we should only be a
board of arbit-mation. They should all sit down together and get a
procedural plan developed. Mayor Jackson requested that they work
it out and turn it over to the City Council. Mr. Vast/ne acknowledged
that they would do this.
Consider Request for Zoning Approval - Beverage License, 401 N.W.
2nd Avenue
Mr. DeLong moved to approve this request and it was seconded by Mr.
Wallace. Motion carried 5-0~
Consider Application for Permit to Solicit - Gold Coast Chapter
Multiple Sclerosis Sqciety .
M~. Harmening moved to g~ant this application and it was seconded
- 14 -
MINL~ES OF REGUIA~ CITY COUNCIL~MEETING OF THE CITY OF BOYNTON
BEACH, FiORIDA~ HELD AT CITY HALL, TUESDAY, SEPTEMBE~ 4, 1975.
by Mr. DeLong. thnder diseu~szon, Mr. Wallace asked if this was par~
of a national setup and Yn2s. Padgett replied it was the Gold Coast
Chapter of the National Unit. Motion carried 5-0.
City Manager's Status Report
1. Recon~nendation for Registration Areas
Mr. Kohl advised the Council he had discussedthis ~equest withthe
City Clerk and the Supe~viso~of Elections. Shew ill come to the City
to.deputize ~a'nd-~i~stru~t. 9hen completed, this will permit
our citizens to vote in all elections. The dates witlbe November 7
and 8, and November 12 and 13between D:00 and 7:00 P.M. I will
notify the news media and also place an announcement in the "Shopper".
The places will be: Wilson Recreation Canter, Hampshire Gardens,
City Hall, Sterling Village, Leisu~eville, Golfvlew Harbour and
Village P~Dyale. Mayor Jackson added that the radio stations should
also be notified.
Mr. DeLong made a motion to instruct the City Managerto carry this
voter z~stration through to completion. The motion was seconded
by Mr. Wallace. Motion carried 5-0.
2. Recommendation for Aquatic Weed Control
Mr. Kohl stated he had reviewd the plats for the following:
Go/f View Harbour - S.W. 12th Street, S.W. llth Ct.,
S.W. 26th Avenue and S.W. 27th Avenue
Mission Hill - Chapel Hill Blvd., Canal Drive,
Mission Hi!l Road
Vanetian Isle - Gondola Lane, Gondola Ct., Isles Ct.,
Venice Dr.~ West Boynton Rd. and Velaire Drive
I recommend continually cleaning the above canals one day a week.
This would be what I would call preventive maintenance. The cost
Would be approximately $5~120.00 per year, made up of $2,000 for
chemicals and gasoline and $3,120.00 labor (2 men), 8 hours, or one
day each week.
Ali of the above plats have bean in existence since 1924 up to 1962.
The canals in the above plats are intemlockin9 and it would make
no sense to clean some without the others.
We have maintained these same canals for over ten yea~s.
Any new plat and/or subdivision with canals would come under
ordinance No. 69-~, dated the 5rd day of February, 1969, providing
for the duty of subdividers to maintain any private lake, canals or
waterways located within proposed subdivision.
- 15 -
MINUTES OF REGULA~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON
BEACH, PLORIDA~ HELD AT CITY HALL, TUESDAY, SEPTEMBE~ 4, 1973.
Mr. Wallace moved to follow this reconvaendation and it was seconded
by Mr. t~obe~ts. Under discussion, Mr. B~uce Johnson, 2515 S.W. ltth
Cou~t, asked i~ it was being done now. Mm. Kohl replied when he found
out about this approximately three months ago, we started and have
approximately 90% done but it takes time. Mr. Wallace asked what
canals were being eliminated. Mr. Kohl replied that all we had
treated previously were on the list. We do not do any of the Lake
Worth Drainage District or ones under the new ordinance. Motion
carried 5-0
A man present in the audience asked if the canals on S.W. 26th Avenue
and 27th Avenue in Golfview HarbOUr would be taken care of and Mr.
Kohl replied that they were on the list and would be taken ca~e of.
This gentleman continued with the information that the tube under
llth Street is so fu~l and congested that it stops flow and it should.
be cleaned. Mr. Wallace recommended Mr. Kohl look into getting
this tube cleaned.
Transportation Study _qommittee.
Mayor JacksSn-~-~0~ced that last Thursday, the Committee met and
elected Frank Carroll, Chairman. I have set up a meeting this week
and will have Mr. Pippin come down with recommendations. They plan
to have him present this in the Civic Center for the public.
List of Payments Made in July
The Council members reviewed the sheet showing payments made in July
by date and funds. Mr. Wallace made a motion that we accept payments
and it was seconded by Mr. Harmening. Motion carried 5-0.
Approval of Bills
The Council members reviewed the Approval of Bills statement as
follows:
1. George C. Davis A.I.A. Architect,
William C. Tirsbier, Designer - As per contraet---$ 5,000.00
Architectural services: Drawings~ specifications
and administration o£ a Public Library and Fire
Station~.
Pay from Capital Improvement Funds--Federal
Revenue Sha~ingFunds.
2. Northern Gravel Co.
B ~.97449 $1, 760.
B ~97562 1, 760.
B ~97561 1, 760.
Pay from 6190-518
Water Treatment
5~280.00
- 16 -
M/~NU~ES OP REGULA~ CITY CObLNCIL MEETING OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY~ SEPTEMBER 4~ 1973.
Approval of Bills (Cont'd)..
3. American Steel Service Centers, Inv. ~4134- ...... $ 1,178.70
Pay from 6150-598
Water Distribution
Grand Total ............ $!1,458.70
Mr. Wallace made a motion recommending payment and it was seconded
by Mr. Robe~so Motion carried 5-0.
Mr. Kohl stated that in this year's budget, there is $6,000 for a
hydraulic brush picker. I would like~ to have a front end loade~o-
pick up trash. We now have a 1969 model that is completely worn out.
I could trade it in for a new tractor with loader for $8, 500. Mr.
DeLong made a motion to approve and it was seconded by Mr, Roberts.
Under discussion, Mr. Wallace said he would vote for the motion
provided that information signs be placed in the area showing schedule
of trash pickup. Motion ca~ied 5-0.
Mr. Simon brought the Council's attention to a slight problem regarding
budget and millage. One time the fiscal year was November ! instead
of October 1. During that time, the Charter was drawn up for the
City Council on the second Monday in September to draw up a budget for
the eomin~ year. Mr. DeLong ~emarked that the stare'law supersedes
the Charter. Mr. Simon replied that you still have to meet the
requirements of this Charter. I think it would be well to have a
special meeting next Monday reaffirming what you have done.
Mavo~ Jackson questioned how many times this had been done. Mr.
De~ong stated that the State required the budget year be October 1.
We have provisions in the Charter~ but when the State leg-islature
comes out w~-'th something later, it would supersede this outdated
Charter. Don't you think the State law prevails? Mayor Jackson
stated this had not bean done on Monday since we had been meeting
on Tuesday~ Mr. Simon read Sec. 84 of the Cha~*Cer. This was discussed
further by the Council members and Mr. Simon and Mr. Wallace ended by
asking the City Menage~ to check into it and notify us.
Mr. McLean then came back before the Council to continue his state-
ment about the police officers. Sgt. Dixon has stated many times that
he doesn't need the money from this job, as he has interest in gas
and oil wells and sells stocl<s in these wells. He approached me on
this while he was on duty. He has approached other people in the City
when selling, as a policeman. He left the Police Department the first
time since he suffered a nervous breakdownl He tells everyone that he
is an alcoholic. A man who has committed perjury when Officer Camp
testified f~om a memo p~epared by him.
- 17 -
MINUTES OF REGHL~R CITY COUNCIL MEETING OF THE CITY OF BOYNTO~
BEACH~ FLORIDA: HELD AT CITY HALL, TUESDAY, SEPTEMBER 4: 1975.
Mr. DeLong advised Mr. McLean that as far as the workings and pzo-
motion of these men: it does not come under the jurisdiction of this
Council. M~. McLean stated that the Mayor is the heed of the Police
Department. Mayor Jackson replied that there was a conflict since
two different things are 9~itten in our Charter. Mr. McLean further
stressed that these were t~o men who have been p~omoted and headlined
in the paper: who should not even he on the force. Mr. DeLong advised
that insofar as promotions in the Department are concerned, it
strictly lies with Administration and Personnel. Mr. McLean countered
that it is before the City Council when it comes time to elect a
Police Chief. Mr. DeLong answered that departmental promotions and
the appointment of department heads a~e two different things. Mr.
McLean stated that he just wanted to poir~c out while by swo~n state-
ments and personal contacts not only by myself and others, but also
government officials and the Governor of the State of Florida is aware
of our situation here. These men, instead of going, are being pro-
moted.
Mr. McLean continued: Had someone told me when I first knew the
Mayor this would occur, I would have gone through the ceiling.
Some people came from Colonial Gardens and told me that the Mayor
is endorsing the Coastal Tower Apar~ents and is broadcasting this
on the radio. Mayor Jackson replied that she just cut the ribbon
there.
James Wilson spoke in defense of the Police Department and praised
the work of the detectives.
Mr. Wallace moved to adjourn the meeting: seconded by Mr. Harmening.
Motion carried 5-0. Meeting adjourned at 10:50 P,M.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
18-