Minutes 08-07-73MI~dTES OF F~GLLL~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON
BEACH~ FLORIDA~ HELD ~T CITY MD-LL, TUESDAY, A~G~ST 7, 1973~
PRESENT
Emil~v M. Jackson~ Mayor
Joe DeLong~ Vice Mayor
David Roberts, Councilman
Edward F. Harmening~ Councilman
Porrest L~ Wallace, Coun¢itm=_2a
Frank Kohl~ City Manager
Ernest Simon~ City Attorney
Tereesa Padgett~ City Clerk
Mayor Jackson called the meeting to order at 7:33 P.M. She welcomed
the audience and asked them to rise for the invocation~ given by
Rev. Ralph Hughes of the Southside Baptist Church, followed by the
Flag Salute led by Councilman Wallace.
Announcements
Mayor Jackson announced that any gentlemen in the audience or ~n
the platform wishing to remove their jackets would be welcome to do
so in order to be more comfortable.
Therewere no other announcements.
P~RliTES
Regular Meeting - July i7~ 1973
Mr. Roberts moved~ if there were no corrections: that the Minutes
of the Regular Meeting oF July 17~ 1973 he accepted as recorded.
Mr. Wallace seconded. There was no discussion. Motion carried 5-0.
Special Meeting - July 26~ 197~
~i~. DeLong noted one correction on page 7~ sixth paragraph from
the top~ ]~ne one: ~.. Mr. Kelly of the Board of Adjustments ...~
should be ~... Mr. Kelly of the PlaD_ning and Zoning Board.~
Mr. DeLong moved that the Minutes o~ the Special Meeting of July
26~ 1975 be adopted as corrected, seconded by Mr. Harmening. There
was no discussion. Motion carried 5-0.
Special Meeting - July 30:1973
Mr. DeLong had one correction on page 4: paragraph 4, the last line
should read, ~in the previous year~ instead of "in previous years.~'
Mr. Wallace moved to adopt the Minutes o~ the Special Meeting of
July 30:1975 as corrected. Mr. Roberts seconded. ~nere was no
discussion. Motion carried 5~0
PUBLIC A~DIENCE
M~yor Jackson noted that there was a Public Hearing at 8:00 P.M.
and she reminded fne audience o£ her timer. She asked those who
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MINU~ES OF PEGULAR CITY COUNCIL MEETING OF THE CItY OP BOYNTON
BEACH~ FLORIDA, HELD RT CITY HALLs T~ESDAY~ AUGHST 7~ 1975.
wishsd to speak on an item that was on the agenda to give their
names and the items to Mrs. Padgett~ excluding the Pubiio Hearing.
She then invited those who wished to speak on items not on the
agenda to come forward at this time.
~. O. T. McLean, 906 S. Federal Highway~ spoke abqut a forme~
City employee whom he felt Was so~ety misjudged and mistreated and
his reputation at this time iS' depth-dent ~on :a Pe~al c°U~rt decision.
He then read extracts of a letter fr6m th~ State.~bb.?ne~'s o~fice:
dated May .5~ 1975~ stating that he f0~nd ~ infO~ation to n~ke him
believe that Ernest Gi~dan~ is a[n~hlng ~ a ~n fut,l¥ capabl~ of
performing any duties assigned him. Mr. McLean felt this should have
been made public a long time ago for Mr. Giordano's sake.
Mr. McCoy of Sterling Village asked to speak on Flood Insurance and
Mayor Jackson referred him to Mrs. Padgett as this item was on the
agenda.
Mr. Tony Ma!otke, iD80 S.W. 28th Avenu~ asked for information about
the bicycle paths or sidewalks down 2nd Avenue to Congress to the
other side of the railroad tracks and also on 23rd Avenue. He felt
there was a safety hazard in that area and asked if bike paths were
in the budget.
Mayor Jackson advised that $10,000 was allocated for Phase I and a
study was being made as to where the paths should be. Other Council
members advised that plans were being drafted and money was also
coming from the County to help with this project.
Marjorie Denker, 430 S.W. 6th Avenue, asked what was being planned
for the a~ea directly west of the Presbyterian Church (Mango Heights).
She was concerned about the huge hole where there used to be a mango
grove for the safety of children in the area.
Mr. Kohl said that the streets were repaired within the past two
days by Mr. Ken Murray. The hole referred to was to becomedrainage
pits which Mr. Murray was as yet unable to complete due to the recent
heavy rainfall. Mrs. Denker also mentioned the possibility of an
accident on the co~ner of 3rd Street and 6th Avenue~ since only one
of the two wooden barricades had a blinker light. Mr. Kohl said
he would see that another light waS put up.
Mrs. Denker also commented abont the general repair of the roads in
the area since school was starting and then asked what kind of
housing was planned for Mango Heights. Mr. Kohl advised that single
family homes were planned. He then asked Mr. Clark to explain the
drainage area a little more fully. Mr. Clark advised that Mr. Murray
wasgoing to put 9~ass there.
BIDS
Basketball Oo~rt - S.E. 2nd Avenue
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MINUTES OF I~sGu~ CITY COI1NCIL MEETING OF THE CITY OP BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL, THESDAY~ AUGUST 7, 1973.
Mr. Kohl re~erred the Council to their tabulation sheets, noting that
Hardrives was the sole bidder in the amount of $5,881.00. The City
estimated approximately $4, 000 and the Committee recommends that
this item be re-bid.
Mr. DeLong moved to accept the recommendation of the City Manager
and the Tabulation Committee to re-bid this item, seconded by Mr.
Roberts. There was no diseussiono Motion carried 5-0.
Night Lighting for Basketball Courts - Rolling Green Community School
Mr. Kohl advised that no bids were received on this item. Three
firms were interested but no one submitted a bid. lit. Kohl felt
they would bid on the second gOaround inasmuch as there is a 6 to
9 month delivery on concrete pOle~ and anothe~ type of pole will
have to be requested. He said this is why none of them bid.
Mr. DeLong moved to accept the reco~mendatio~ o£ the City Manager
to re-bid night lighting for basketball courts for the Rolling
Green Community School~ specifying a different type of pole. Mr.
Wallace seconded. There was no discussion. Motion carried 5-0.
Various Pieces of Playground Equipment
Mr. Kohl referred to the neigD~orhood parks of Rolling Green and
Forest Hill~ stating that he and the Committee recommended the
acceptance of low bidder, F~racle Recreation Equipment, in the
amount of $6,711.10. One other bidder did not meet specifications
on four items and another bidder came in too late.
Mr. Wallace moved to accept the City Manager's recommendations~
seconded by Mr. Harmening. Under discussion, Mr. DeLong asked
if the two parks mentioned were the only ones in question. Mr.
Kohl answered that the 15th Avenue Park was going to be made into
something other than a playground. Motion caz~ied 5-0.
Water Line Extensions
Mr. Kohl referred to his recommendations at the Regular Meeting of
May 15th. He said that even though the cost would be greater than
antieipated~ these lines were needed. He recommended that due to
the urgency of the situation, the City proceed, awarding the job
to low bidder, Lyon Construction Company of Pompano Beach, for a
total base bid of $59,890.00~ The alternate bid which requires the
City to purchase the pipe, would exceed the base bid amount. Mr.
DeLong noted that the Finance Director recommends this expenditure
to be financed from the General Utilities Fund.
Mr. DeLong moved to accept the recommendation of the City Manager
and the Lyon Construction Company be awarded this low bid in the
amount of $39,890.00: with the expenditure to be financed from the
- - MIN-dTES OF REG~/LAR CITY ~OUNCIL MEETING OF THE CITY OP BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL, TI1ESDAY, AHGUST 7, 1975.
C
General Utilities Fund. Mr. Ha~mening seconded the motion. There
was no discussion. Motion carried 5-0.
LEGAL
Since the~e was still time before the Public Hearing, Mayor Jackson
asked Mr. Simon ~o begin reading the Ordinances.
Ordinances - 2nd Readi~
No. 73-29 - Amending Sec. 25A-3 of the Code re Sewer Charges
Mr. Simon read Ordir~nce No. 73-29 on second reading by caption
only -- An Ordinance of the City of Boy,ton Beach~ Florida, Amending
Section 23A-3 of Chapter 23A of the Codified Ordinances of Said
City, etc.
Mr. Wallace moved to accept Ordinance No. 73-29 on second reading,
seconded by Mr. Roberts. Theme was nc discussion. Motion carried
5-0.
73-30 - Amending Ordinance 72-31 re Beach Parking
Mr. Simon read Ordinance No. 75-30 on second reading by caption
only -- An Ordinance of the City of Boynton Beach, Florida, Amending
Chapter 19 of the Codified Ordinances of Said City~ etc.
Mr. Roberts moved to adopt Ordinance No. 73-30, Amending Ordinance
72-31 on second reading~ seconded by Mr. Wallace. There was no
discussion. Motion carried 5-0.
No. 73~51 r Approving Plat of Ridge Grove Estates
Mr. Simon read Ordinance No. 75-51 on second reading by caption
only -- An Ordinance of the City of Boynton Beach, Florida~ Approving
Plat of Ridge Grove Estates, etc.
Mr. DeLong moved for the adoption of Ordinance No. 73-51 on second
reading, seconded by Mr. Wallace. There was no discussion. Motion
carried 5-0.
After some discussion, Mayor Jackson asked Mr. Simon if it was legal
to go into a public hearing a few minutes early. Mr. Simon replied
that he thought it would be quite all might to do so.
PUBLIC HEARING
Consider Request for Abandonment of a Portion of Seaway Terrace Plat:
Including Rights of Way and Easements
Mayor Jackson asked if there was anyone wishing to speak in favor
of this.
MIk~dTES OF REG[HAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL~ TIIESDAY: AU~dST 7: 1973.
Hugh F. Quimn of the lawfirm, Tietig, Van Koughnet g quinn, 999
South Bayshore Drive: Miami~ Florida~ said he owns the property in
question and is the controlling stockholder in the development
corporation which holds the property and he wished to speak in
favor of this abandonment. Mr. Quinn said he hoped no one wished
to speak against this and there were cer4iain conditions with whihh
he had an understanding about with the City Engineer~ Tom CIa~k~ and
the Planning and Zoning Board that he would like to put on record.
After l~ayor Jackson asked if anyone else wished to speak in favor
of the abandonment~ Mr, DeLong referred to a communication the
Council had received f~om the Planning and Zoning Board. He asked
what the remaining roads would be used for and Mr. Qu/nn confirmed
that they would be private: requiring no maintenance from the City.
Mr. DeLong asked if there was going to be a perimeter road and if
the developer was going to provide relief for a land locked parcel
of land no~th of his p~oper4iy. Mr. Quinn said yes. Mm. DeLong
then asked if the roads to be constructed by the developer would be
adequate for trash~ garbage and fire equipment. Mr. Quinn said yes.
After asking if anyone wished to speak against the abandonment,
Mayor Jackson turned the floor to Mr. Roberts, who had a question
on the basis of being private roads. He asked if the width of
the roads to be constructed would conform with City requirements
of 22 feet. Mr. Quinn answered yes, stating that the exact widths
were set forth on the site plan which was in effect since 1972.
Mayor Jackson asked Mr~ Clark about the well situation and he stated
that there would be two wells on the property. A third well location
is in question but would be constructed on the site of this project
to the satisfaction of Russell L Axon and the City.
Mr. DeLong referred to the Minutes of the Planning and Zoning Board
meeting of August 2nd regarding certain requirements that they
recommended. He read ... ~he continuation of Public Hearing is
regard to H. F. Quinn?s request of road abandonment: Mr. T. C!ark~
City Engineer, explained to the Board the result in his discussion
with lit. Quinn. Letter of agreement from Mr. Qu~nn submitted to
the Board. Motion made and seconded to recommend to City Council
the abandonment of roads based on all documents pertaining to well
location, easements and other pertinent data being submitted to the
City Engineer and Council.?~ Mr. DeLong felt that the City Council
do likewise and acquire the same conditions. Mr. Barrett noted a
slight correction to the i~'nutes of Au~dst 2nd where the word ~required~
should be ~reeorded.¥~
Mr. Quinn had some question about the necessity of the th/rd well
being located directly on the property or at another location as
he hadn't seen any of the Minutes referred to. He asked if the
abandonment would be contingent upon satisfactory recordation of all
three wells on the property or whether it would be contingent upon
MINUTES OF ~G~LA~R CE~Y O~/N~EL~ MEE~IN~G:, oF THE CITY OF BOYNTON
BEACH~ FLORIDA, HELD AT CITY ~ALL~ TIIESDA¥~ A%!GUST 7~ 1973.
satisfactory recordation of two well sites and a satisfactory agree-
ment referring to the third well site.
Mr. Barrett explained that the.gist of the motion was that the City
be protected in any event against the location of the third well on
or off the property -- documents being secured safeguarding the
City on location of the well or being recorded~ either one.
Mr. Quinn confirmed with Mr. Barrett that there should be recordation
on at least ~o of the wells and satisfactory agreements with the
City Engineer, Russell g Axon and the City Attorney.
A gentlem~n came up from the audience who said he was a new resident
in the area and asked for the location of the propez~cy in question
~nd other general information.
Mayor Jackson said it began at S.E. 2!st Avenue~ going North acmoss
from High Point on the East side of Seacmest. She said this came
up long before the moratorium and the preliminary work had been
done on this.
Mr. Wallace moved to follow the City Manager's recommendations to
abandon the requested area when all the requirements are met within
the jurisdiction of all those concerned.
Mr. DeLong seconded the motion, l~i~o Quimn pointed out that the plat
is not being abandoned and also that the notice was duly published
in the paper. There was no other discussion. Motion carried 5-0.
LEGAL (Conrad)
Ordinances - 1st Reading
Proposed Ordinance - Re Paving S.E. 26th Avenue
Mayor Jackson noted that this item had been turned over to Mr. Kohl
but she felt that the Council should voice its opinion one way or
the other rather than ask him to get in the middle. She asked for
the Council's feelings.
Mr. DeLong said this had been discussed on several occasions and
he believed that it was te~t for the City Manager to work out an
agreement with the two ogmers~ followed by a recommendation from
Mr. Harmening for a 1/3-1/3-1/3 basis.
Mr. Harmening clarified that he had recommended the City pay for one
lot (Lot 93) ~d the othem lot be fully assessed (Lot 92).
Mr. Wallace asked if anyone else made a presentation to the City
about the lowering of this assessment and Mr. Kohl answered no.
· MZNHTES OF REGIILAR CITY COUNCIL MEETING OF THE CITY OF BOY~ON
'" "~ BEACH, PLORIDA~ HELD AT cITy HALD~ TUESDAY, AUGGST 7, 1975.
After some further discussion, Mr. Harmening moved to proceed with
the reading of the Ordinance.
Mr. Simon read Ordinance No. 73-33 on first reading -- ~n Ordinance
of the City of Boynton Beach, Florida: L~vying Special Assessments
Agair~t Property Benefitted by a Certain Street Improvements Project
Within the Said City~ etc.
Mr. Harmening moved for the adoption of 0z~inance No. 75-33 on first
reading. Mr. Wallace seconded the motion. Under discussion, Mr.
Roberts stated he felt that the intent of the original ordinance had
been lost as he hadn't intended to forgive the entire assessment
on Lot 95, and that future ordinances of this type should be watched
more closely.
Mayor Jackson asked what the difference was between this ordinance
and the original one ~nd Mr. S~on explaLued that Lot 93 was to be
deleted from the assessment.
Further under discussion~ Mr. DeLong asked if the City Attorney had
been requested to draft some guide!runes for future assessments
because of certain ambi~aities in the Charter. M~. Simon didn't
recall the request. Mr. DeLong recalled some provisions in the
Charter which might not be firm enough to hold up if the City became
engaged in a cour~ suit. He thought he had asked that some of these
provisions be defined better.
Mr. Simon said the issue involved in this case was whether or not
the improvements served to benefit the property being assessed and
the Charter is quite clear in requiring that assessment be based
upon the benefits derived. It then falls upon the Council to make
s determination i~ in fact there has been a benefit derived to the
assessed property.
There was further discussion among Council about the assessment of
this property in regard to its being discriminatory~ whether or not
a benefit was derived and other points brought out at past meetings.
Motion carried 4-1, Mayor Jackson dissenting as she felt it wasn't
fair to waive assessment for one and not another.
Proposed Ordinance - Adopting t975-74 Budget
Mrs. Padgett advised that Mr. Vastine and possibly Mr. McLean would
like to speak on this item. It was decided that they speak before
the voting.
Mr. S~mon read Ordinance No. 73-34~ on first reading -- An Appropria-
tions Ordinance of the City of Boynton Beach, Florida, Adopting the
Budget for the Fiscal Year Beginning October l, 1975 and Ending
September 30, 1974.
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MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYh~ON
BEACH~ FIDRtDA~ HELD AT CiTY HALL~ TUESDAY, AUGUST 7, 1975.
Mr. R. B. Vastine~ President of the United Bop~ton Civic League,
felt that after reviewing the budget~ there could be a way to pick
up the $34~ 228.00 difference between the 5.5 and 5.7 millage and
still g/ye the citizens the lower rate. He felt that otherwise
there was not going to be appreciable relief for the taxpayer because
the County and school tax will be eonsiderabiy higher than last
year. He asked that the Council reconsider its total projected
revenue, decreasing it by $54,228.00 so that the millage could be
placed at 5.5.
Mr. O. T. McLean con~nended the Financial Director and all others
involved in the preparation of the Budget but felt that it should
have been done in a way for the public to better understand what
they're being taxed for and how they're being taxed. Mr. McLe~un
also oommented on the utilities budget and defieiencies in the
water and sewer budget compared to last year and he felt there
should be an over-all comparison of the 1972-75 and 1973-74 budgets
available. He also questioned payments to Russell & Axon, consulting
engineers.
M~yor Jackson suggested that Mr. McLean ask Mr. Flynn for the monthly
statements at the end of each month as they would have all the
infoz%mation he requests. Mr. McLean said he does that but stated
that the public in general does not.
Mm. DeLon§ ~uterjeeted that everyone will get a true picture when
the budget is closed out at the end of the fiscal year. He also
pointed out that the water and sewer budget was separate from the
g~eral budget~ adding that he has made several requests that the
City get consulting fiscal agents to go over the entire fiscal
structure of the water and sewer system. He said this was going to
take piece now and the only way to eliminate the deficits will be when
a plan is outlined for an equalization of charges throughout the
City and differently set up as far as front foot basis is concerned.
Mr. McLean thanked M~. DeLong for his comments and then spoke further
about the fact that Boynton and De!ray use the same engineering
consulting firm and that the sewer system is being diverted to
Delray Beach. There was then further discussion between Mr. McLean
and Mr. DeLong about the funds being paid to the consulting engineers.
M~. McLean asked for a comment from Mr. Wa!lace, who referred to a
question he had a couple of years ago as to whether or not the City
was getting its money's worth from Russe!! g Axon. He also referred
to a previous statement he had made concerning the overall development
between Boynton and De!ray inasmueh as $~ million had been expended
for engineering studies and nothing has been done to eliminate the
se~er problem witb~n the South Florida area.
Mayor Jackson stated that she and Mr, Clark went before the Area
Planning Board and were told that the sewer system was going to be
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MINUTES OF i~GUI~ C~rY CO~ll~CIL ~mm-j.-rNG OF TF~E CITY OF BOYNTON
' - BEACH, FLORIDA~ t~LD AT CITY HALL~ TUESDAY~ AUGUST 7, 1973.
set up in Delray and Boynton had no choice.
There was additional discussion between the Council and Mr. McLean
about the payments made to Russell $ Axon du~ing which the Finance
Director~ Mr. Flyr~n, gave assurance that the Accounting Department
has a complete breakdown of all charges made by Russell g Axon. He
complimented the City Engineer and stated the benefits of Boynton
and Delray, as well as other municipalities along the coastline
having a coordinated engineering fi~with a total ove~view~ working
as best they can in conjunction with the entire 9~owth and develop-
ment of this area.
Mm. Ha~mening cOmmented on the lack of progress with sewers in the
cities of West PatmBeach and Lake Worth. He pointed out the
difficulty of laying out far reaching plans in the sewer field due
to %he constant changes made by the Environmental Pro~eetion Agency~
Department of Pollution Control and the Area Planning Board. He
also stated that in regard to the public's attention to the budget~
he felt everyone would be ab!e to understand the lowe~ millage ~ate
on their tax bill.
Mr. McLean concluded Dis remarks by stating that he did not doubt
the ability of ~ne Finance Director~ but he had been unable to
see sheets of payments to Russell g Axon or a breakdown of legal
expenses. He asked M~. Wallace to comment on how this money was
being accounted fo~.
Mr. Wallace agreed with Mr. McLean in that he had been unable to
get one breakdown of paymeD~s to Russell g Axon from the Accounting
Department.
Mayor Jackson noted that before she makes out a check to Russell &
A×on~ she is sure to have it broken down and itemized. ~. Roberts
asked if anyone else had any eomments to make about the budget.
Mr. John Cleamy, !SO South Boulevard~ spoke about the drainage bond
and asked if any money was set aside in the budget to hi~ the ~hot
spots.~'
Mr. Wallace explained it is in the contingency fund and that four
years ago there was discussion about setting aside $35~000 each year
for mesurfacing. He said it was set aside~ but that possibly is
the reason for the contingency fund at the present time. Mm. Wallace
then asked Mr. Flynn for an educated ~uess as to whether the City
would be able to meet its present budget if those that were over
age 65 received a full $!0~000 homestead exemption plus the other
$5,000 as far as the shoo! which has nothing to do with our budget.
Mr. Flynn said he would first have to get a breakdown from the County
Tax Assessor as to the amount of property held by people 65 om over,
but he felt the City could meet the budget.
MINU~ES OF REGULk~ CITY COUNCIL M~ETING OF THE CITY OF BOYNTON
BEACH, FLORIDA~ HELD AT CITY HALL: TUESDAY~ AUGUST 7, 1975.
Mr. DeLon~ interjected that if the Stats Legislature was planning
to go that route, he felt it would be taksn into consideration that
the budgets throughout the State now have to be in by a certain
period of time and it wouldn't take effect in the ensuing fisdal
year but probably the year after.
Mr. Wallace felt that there was a good possibility that this would
be passed as far as the year 1974 is concerned and Mr. 'Flynn
interjected that the Legislature would help out the municipalities
throughout the State.
Before the final vote~ Mr. Roberts stated that he will held to the
5.7mi!lage rate as he felt the extra money would be a heip to the
contingency fund.
Mr. Wallace moved that Ordinance No. 75-34 be passed on first reading.
Mr. DeLong seconded. There was no discussion. Motion carried 5-0.
Mayor Jackson asked Mr. Plynn i~ there were exkra copies of the
budget available for the public and he said once it was finalized,
he could have extra copies printed. It was pointed out that the
Library would have a copy available.
Mr. DeLong noted that he would like to make a correction on an
erroneous newspaper report regarding his recommendation of a 5.5
~uillage. He stated that he did not predicate this on anticipated
Federal Revenue Shs30ing money as the Federal Revenue Sharing money
that he referred to was already, on hand in the bank or invested. No
juggi~ng of funds was pianned to arrive at the 5,5 figure. He
clarified that he did state if anyone was skeptical about the budget
being able to camry through at 5.5, the City did have an additional
$339,000 in ~ederal Revenue Sharing next year to back up that budget
for the ensuing fiscal year. ~. Flynn concurred.
Proposed 0rdinanee - Setting 1973 Tax Millage
~. Simon read Ordinance No. 7~-35 on first reading -- An Ordinance
of the City of Boynton Beaeh~ Florida, fixing the Tax Rate and
Levying Taxes~ etc.
Mrs. Padgett advised that Messrs. Wehre!l, Vastine and McLean
wished to speak on this item.
Mr. Albert Wehre!! of Boynton Isies~ stated that he lived in a
single family residence and was not a member of the Boynton Civic
League. He said he was a member of the Planning and Zoning Board
and had been a member of the Board of Adjustments and other Planning
and Zoning Boards in the past. He spoke as a concerned citizen
and commended and thanked the City Council for lowering the millage
rate.
Mr. Vastine did not wish to spe~K on this item.
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M!iVdTES OF REGULAR CITY CO%~CIL lv'J~I'~NG OF THE CITY OF BOYNTON
BEACH: FLORIDA~ HELD AT CiTY HALL, TUESDAY, AUGUST 7~ 1975.
Mr. McLean stated that if there were more homec~ners like Mr. Wehrell
attending these meetings~ we~d have a true City.
Mr. Wallace moved to adopt Ordinance No. 73-35 on first readings
seconded by Mr. Roberts. There was no discussion. Motion carried
5~0.
Mr. Harmening asked that everyone in the City scrutenize his tax
bill and compare the Boynton Beach total figure between this year
and last. He noted that due to the considerable increase in re-
appraisal from the Tax Assessor's office, sOme people in Boynton
will not get a decrease, but the vast majorit-y will get a decrease
in the City of Boynton Beach taxes, even though their overall tax
statement might be 9meater.
Proposed Ordinance - Re Clearing Vacant Lots
Mr. Kohl requested tabling this item as the City Attorney is doing
some researmh on itl Mr. Wallace moved to table this item: seconded
by Mr. Harmening. There was no discussion. Motion carried 5-0.
Proposed Ordinance - Re Interim Services & Facilities Fe~
Mr. Simon read Ordinance No. 73-36 on first reading --An Ordinance
of the City of Boynton Beach~ Florida, Amending Chapter 26 of the
Codified Ordinances by Adding an Additional Section Providing for
the Establishment of a Fee to be Known as the Interim Service and
Facilities Fee~ etc.
Mr. Harmening moved for the adoption of Ordinance No. 73-36 on first
reading, seconded by Mr. DeLong. There was no discussion. Notion
married 5-0.
Resolutions
Proposed Resolution - Establishing 11 New Positions in Classified
Service
Mr. SLmon read Resolution No. 73-00 -- A Resolution of the City of
Boynton Beach~ Florida, Amending the Rules and Regulations of Civil
Service by Providing for Additional C!assi~ications of Positions, etc.
Mr. Roberts moved for the adoption of Resolution No. 73-00, seconded
by Mr. Harmening. Under discussion, Mr. DeLong referred to the
inclusions of Fire Captains which were provided for in the new
budget~ but had not been included in the list covered by this
Resolution. Mr. Kohl explained that they would be included next
time. Motion married 5-0.
MIN~dTES OF t~EGILLAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON
BEACH: FLORIDA~ HELD AT CITY HiALL: TUESDAY~ AUGHST 7~ 1973.
P~oposed Resolutioq - Amending Classified Pay Plan
FL~. Simon read Resolution No. 73-PP, Amending the Classified Pay
Plan.
Mr. DeLong moved for the adoption of Resolution No. 73-PP~ seconded
by Mm. Ha~mening. Under discussion~ Mr. Simon and the Council
asked Mr. Sul!iv~n to reeommend an effective date for this Resolution
which covered the new pay plan for the ensuing fiscal year. it
was deeided that this Resolution beeome effeetive on September 27~
1973 and Mr. DeLong asked to include this in the motion. Motion
camried 5-0.
Proposed Resolution - Providing for Compliance With CertainRequire-
ment Under Florida Revenue Shaming Act of 1973
Simon read Ordin~.ce No. 73-QQ - P~oviding for Compliance With
Ce~tain Requirements, etc.
Mr. DeLong moved for the adoption of Resolution 73-QQ~ seconded by
Mr. Wallace. There was no discussion. Motion carried 5-0.
Proposed Resolution - Amending Resolution 75-T
Mr. Simon read Resolution No. 73-RR - Amending the General Require-
ments and Procedural Rules o~ the Community Appearance Board.
M~. DeLon9 moved for the adoption of Resolution No. 75-RR, seconded
by Mr. Ha~mening. There was no discussion. Motion carmied 5-0.
Proposed Resolution - Amending Rule VI~ Merit Increases of the Civil
Service Rules g Regulations
Simon read Resolution No. 73-SS - Amending Section 14 of Rule
of the Rules and Regulations o~ Civil Service.
Mr. Harmening moved for the adoption of Resolution No. 75-SS: seconded
by Mr. DeLong. Under discussion: Mr. Wallace said he could see the
reasons for this amendment~ but as he had stated previously~ he
hoped this would bring all salaries back in line with past or £uture
studies made within the City so that some employees do not feel
neglected: while others have been 9~anted increases with no apparent
reason. He said if this was the intent he~e~ he was in agnpeement.
There was further discussion about it being a ease of checks
balances where the City Manager would still continue to approve of~
without Council consultation or appmoval~ the merit ~nereases for
the rank ~nd file, but where department heads are involved~ it will
come through the Council with the reeommendation of the City Manage~.
Motion ca,tied 5-0.
MINUTES OF P~EGUkAR CITY COUNCIL MEETING OF 'THE CiTY OF BOYNTON
BEACH, FLORIDA~ F£LD AT CITY HALL: TUESDAY, AUGUST 7~ 1973.
Proposed Resolution - Possible Participation in Transit Service
Mayor Jackson noted that this item was not on the agenda s/nd she
asked Mr. Simon to read the Resolution if it was ready.
Mr. Simon read ResoLution No. 73-TT -- Agreeing in Principle to
the Creation of a County-wise Transportation Service.
Mr. Harmening moved for the adoption of Resolution No. 75-TT, seconded
by Mr. Wallace. There was no discussion. Motion carried 5-0.
Other
Discuss Palmland - Vice Mayor DeLong
Mr. DeLong asked for clarification from the City Attorney regarding
what has been deemed as a partial release mortgage. Mr. DeLong
stated that he understood the City was ~ranted a parcel by f'_
Warranty De~d by metes and bounds for approximately 20-odd ~c~es
of land and the people who hold the mortgage have releaged this
particular parcel which has been given to the City on a Warranty
Deed by metes and bounds. He asked if this was free and clear.
~ir. Simon said he had not studied or exam/ned the title of the
property and Mr. DeLong asked ff. he would read the partial release o£
mortgage as there should be some action by the City Couneil regarding
the acceptance of deeds~ more so as a matter of public record.
Mr. Simon said he could determine to his satisfaction that the
partial release as executed and recorded is a partial release as it
effects that one Warranty Deed. ~. DeLong wanted' to be certain if
there was a forec!osure, it woul~ not effect this particular parcel.
Mr. Simon said he would advise the Council as to whether or not that
particular mortgage has been released from this property, but he
could not wamrap_t or guarantee that there aren't other liens or
mortgages on it.
Mr. DeLong asked Mr. Simon to make a note on the portion that states,
~So long as said i~nd is used for municipal purposes which shall
include at least one of the following: a police station, a fire
station, a library~ a municipal building ... and if the land is not
used for a period of time~ then it reverts back ... ~ Mr. DeLong
stated that 9~th his dealings on conveyance of land for m~nicipa!
purposes fr°m any developers, the portion that refers to said lend
being used for municipal purposes, including certain items: should
also include the phrase~ ~but not lintited to one of the foilov~ing.~
Mr. DeLong then referred to a message that was sent to Mr. Barrett
from the City Mk~nager in regard to Mr. DeLong~s request of July 5rd
- 13 -
MINUTES OF REGULA~ C~Y COUNCIL MEETING OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT CIT~ HALL, TUESDAY~ AUGUST 77 1975.
t_hat a study be made concerning the business operation being conducted
from freight cars on the FEC Railroad between Ocean and Second
Avenue to ascertain whether or not this area is zoned for the type
of business being conducted there and if payment had been made for
an occupational license fee. It further states that transportation
terminals and loading yards are permitted under the City's present
zoning classification. Mr. DeLong noted that the reply stated
the property was railway reserved and zoned C-2 which alio~s for
transportation terminals and loading yards. Morgan Trucking Company~
owned by James Morgan~ 1042 S.W. 25rd Avenue, Boynton Beach: operates
out of this area.
M~. DeLong moved to have the City Attorney follow up in the form of
legal advice on this as to how long this man has been operating
in the City, how much does he owe the City in past and present
occupational licenses and what is the penalty. He then asked
that Mr. Simon. notify Mr. Kohl so that the Building Official can
be advised to take the proper action. Mr. Marmeuing seconded
the motion.
Mrl Simon asked if the man had ever been prosecuted end Mr. DeLong
answered that he didn't believe any action had ever been taken
in the past. Motion carried 5-0.
Mr. Simon said before leaving ~'LEGAL" he wished to bring the
Council up to date on the status of certain lawsuits. Regarding
the case taken to the Supreme Court of Florida by Bishop Carroll,
the petition for re-hearing has been den~ed end the ruling has
been made in favor of the City of Boynton Beach. Mr. Simon felt
the mat~er was concluded unless it was appealed further to a Federal
Court.
In regard to Lehigh Portland Cement, the. court has ruled in favor
of the City and Lehigh has filed a motion for re-hearing.
Mr. Harmeni~g asked if there was another case pending in which the
Plaintiffs were asking for a summary judgment. Mr. Simon said
this was in regard to Blueprint Construction to be held August 9th.
Mr. Harmening felt it could conceivably be to the City's advantage
in its case vs. Blueprint Construction if they arrived at a compromise
settlement.
Mayor Jackson didn't agree with Mr. Harmening because of the
circumstances involved and there was discussion about the plaintiff
having changed its name several times.
Mr. DeLong asked if Mr. Barrett would speak on this subject as he was
most f~iliar with it.
14 -
MINUTES OF REGULAR CITY COUNCIL MEETING OP THE CITY OF BOYNTON
BEACH, FLORIDA~ HELD AT CITY HALL, T~ESDAY~ AUGUST 73 1973.
Mr. Barrett said he had discussed the case with Mr. Simon and it-~as
Mr. Barrett's reeommendation to deny the permit because Blueprint
Construction had not complied with what he felt was necessary. Mr.
Barrett hoped that Mr. Simon was in accord with his feeling that
the City had a good case.
Mr. Simon said the ease was two-pronged '-- regarding the legality of
the moratorium and the elaim of equitable estoppel. He felt that
while the ease was a good one because of the equitable estoppel, the
City would still have to defend the moratorium.
There was further diseussien during which Mr. Barrett enlightened the
Council with some of the background information concerning the case
in question. Mr. Simon said there is no seeurity in the fact that
the company had ehan~edhands, since the rights of one would he
transferred to the next.
Mr. Wallace pointed out that the property itself had changed hands
but the City had not issued any permit and Mr. Simon concurred.
Mr. Barrett said that no complete forms were submitted on which a
permit could possibly be permittedJ
There was then discussion about the validity of the moratorium and
other pros and cons about this case in general. Mr. Wallace
stressed the importance of the City's standing behind its convictions
~nd it was decided to wait end see what the outcome was in court.
OLD BUSINESS
Discuss Moratorium - Vice Mayor DeLong
F~. DeLong said this was based on some of the accounts he had been
reading about previous action, specifically about the conditions
of the water and sewer plant. M~. DeLong then read the following
remarks for the public reco~d:
~At a specia~.~eeting of the City Council on Friday,
January 26th~ 1973, 2~ days afte~ the present City
Council was sworn into office: the minutes of that
meeting will ~ef!ect a motion was earried by a 4-1
vote to place a moratorium on certain classifications
o~ building construction in order to permit the Council
a period of time to ascertain the City's ability to
aeeommodate the outstanding eommitments for water and
sewer service. At the time, it was common l~nowledge
by ~hose involved with the funetion of the water and
sewer system and also by the City Counei!: deficiencies
existed at the City sewer plar~ and were prevalent for
several yea~s past. During the briefing sessions, with
- 15 -
MINL~ES OF REGULAR CITY COUNCIL MEETING OF~ THE CITY OF BOYh~ON
BEACH, FLORIDA~ HELD AT CIT~ HALL, TUESDAY, AUGUST 7, !97D.
members of the City Councii: the consulting engineers,
the City Engineer and the Superintendent of Public
Works and Utilities, the Council members who attended
those briefings were assured the capacity of the sewer
plant was more than sufficient to accommodate all out-
standing commitments~ pending the completion of the
1.25 million gallon a day interim treatment plant with-
out curtailing building activities. It was due to
this assurance the City Council at a regular meeting
of March 20, 1973 voted 5-0 to lift the moratorium
effective as of April 26th~ 1973. ~'
Mr. DeLong asked that this be recorded for future reference.
Discuss Flood Insurance (On the Table)
PLT. Harmening moved to take this item off the table, seconded by
Mr. Wallace. Motion carried 5-0.
Mr. C. McCoy of Sterling Village noted that it was possible to
get flood insurance in Delray but not in Boynton and he wanted to
know what the objections were.
Mayor Jackson advised that this is what was going to be explained.
She then asked Mr. Kohl to read into the record his letter to the
Council dated August 63 1973~ copy of same is attached hereto and
made a pa~t hereof.
Inc!udSd in his letter~ M~. Kohl stated that he had spoken with
Mr. George Bernstein of the Federal Flood Program in Washington~
who was going to forward the new application formavailab!e. If
Council approved the flood'insurance program at this meeting, Mr.
Kohl said the matter would be expedited as soon as the new applica-
tion is received. He also referred to other information he had
from Delray Beach.
Mr. Harmening moved to instruct the City Manager and the City
Attorney to draw up the proper resolution to put the City under
flood control insurance. Fir. DeLong seconded the motion. After
some discussion about rephrasing the motion, Mr. Harmening withdrew
his motion.
Mr. Harmening then moved to inst~et the City Manager to follow the
necessary guidelines to bring the City under the flo~d insurance
program: seconded by Mr. DeLong, Lh~der discussion, Mr. Wallace
asked if Mr. Barrett's questions concerning this matter had been
cleared up. Mr. ](oh! advised that in securing the necessary in~
formation from Delray, etc.~ he would be working with Mr. Barrett
and he felt confident that all requirements would be met. Motion~
carried 5-0.
- 16 -
MIkrdTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON
BEACH~ FLORIDA~ HELD AT CITY HALL, TUESDAY~ AUGUST 7~ 1975.
Mr. Kohl pointed out that the program does not give insurance to
individual condominium owners -- ifs to the owner of the condominium
as a whole.
Discuss Proposed T~uck Route
Mr. Kohl referredto the proposed recommendation of July 20, 1975
regarding truck routes which was submgtted to the City Manager
by Lt. George Davis and City Engineer~ Tom Clark.
Mrs. Padgett advised that Mr. Harold Lewis asked to speak on this
item.
Mr. Harold Lewis, 2385 Congress Boulevard, ~eferred to the City
Engineer's recommendation that Congress Avenue be designated
as a through tru~¢~oute. He felt that the added traffic: along
with the proposed bike route would be a Safety hazard. He also
commented in opposition to the speed limit on Congress Avenue and
advocated a 35 mile per hour speed limit.
There was discussion between the Couneii and Mr. Clark concerning
the future widening of Congress, as well as the size of the
bicycle paths to run along the east side of the road. Mr.
Clark pointed out that Congress Avenue was maintained by the
County. He alsO. stated that the City doesn't have any options as
far as truck ~outes in Boynton Beach, as it would be virtually
impossible to limit trucks to Seaerest or U~S. !~ it is log-ical
to assume we have to have trucks on Congress. This was the basis
for the reeommendation.
Mr. Lewis said his request was that Congress not be specifically
designated as a truck route~ but to leave things as they are and
that the speed limit be reduced i~ the interest of safety.
Mayor Jackson asked M~. Kohl to look into this and he and Mr.
Clark advised that setting the speed limit was up to the County
and surv~vs can be requested as in the past. The County usually
responds by requesting Council action.
Mr. DeLong moved to table this item until the City Engineer and
the Police Traffic Department can get the necessary information
from the County and report back to the Ccu~ci!. Mr. Harmening
seconded the motion. There was no discussion. Motion carried 5-0.
Mr. Roberts suggested dispensing with the rest of the meeting until
one afternoon la, er in the week due to the length of the agenda~
unless someone traveled a distance for a particular i~m.
Mr. DeLong said he would like to have Council suspend the order
business and jump down to item ~B~ under ~ADMINISTRATIVE" regaTd~ng
Bancshares, since the gentlemen have been present all evening.
17-
MINUTES OF REGULA~ CITY COUNCIL MEETING OF THE CITY OP BOYNTON
BEACH, PLORIDA~ HELD AT CITY HALL, TUESDAY, AUGUST 7~ 1975.
Mr. Wardlaw of Palmland asked if Item ~ under '~OLD B~SINESS~
regarding Water and Sewer was coming up and he was advised the Mr.
K]~nek was not present.
Consider Request of First Bancshares of Florida, Inc. for Annexation
Mr. Richard Harris, attorney For Scott~ Burk ~ Royce, 450 Royal
Palm Way~ Palm Beach, spoke on behalf of First Bancshares, a
holding company presently in the process of constructing several
banks in the area. Mr. Harris introduced Mr. David McLaughlin,
who will be President of the proposed Boynton Beach Bank. Mr.
Harris referred to his firm's letter to the Council dated July
1973, in which a request for annexation was made. He also ~eferred
to a survey that was included with the letter indicating that the
property in ~aestion was somewhat north of State Road 804 and
west of Congress. He spoke further about the location and plans
for the property to ~ive the COuncil a ~reater understanding of
the project. He pointed out that the property as it exists in the
County at present is zoned Commereial-Generalwith a special
exception having been grated for the construction of a financial
institution. It was felt by Mr. McLaughlin and Bancshares that
the bank should be within the City limits of the community which
it's going to serve.
Mr. Harris appealed to the Council for its approval of annexation~
requesting that the Council adopt sn ordinance annexing the property
and if possible, he would like some assurance that the property
Will be available for the eonstr~ction of a bank.
Mr. DeLong moved to accept the application for annexation and turn
this over to the City Manager and the City Attorney with the
objective in mind that the necessary procedures be worked out to
accept this particular application. Mr. Harmening seconded the
motion.
Mr. DeLong asked Mr. Simon about the guidelines for annexation and
Mr. Simon said the ones Mr. DeLong had referred to were under the
new home ~ule. He saidif Council wanted to proceed under the
present charter~ the steps to take were quite clear.
Further under discussion, Mr. Roberts asked for clarification as
to the lots involved. The Council then agreed to resume the
meeting on Friday, August 10th at 4:30 P.M., at which time
Mr. Wallace asked if Mr. Kohl and Mr. Simon would have time
to. bring in the necessary material. Mr. Simon said he could
have the ~intention to annex¥~ ready, following the Charter provisions.
Discussion then ensued about zoning~ durinq which time, Mr. Vastine
was asked to comment. He said he had no objection to the bank
eoming in and felt it was a good move, but ~e wanted full consideration
- 18 -
MI~dTES OF REGULAR CITY COUNCIL P~ETING OF THE CITY OF BOYNTON
BEACH~ PLORIDA~ HELD AT CITY HALL, T~ESDAY~ AUGUST 7~ 1975.
to be given to the Charter provision with the £irst step being
~nne×ation. By going in that direction, there Should be no
problems
There was some disCUssion between Mr. Roberts and Mr. DeLong and
Mr. DeLong said the gist of the motion was to accept the application
and then have the City Manager and the City Attorney follow through
with the proper procedure. Motion carried 5-0.
Mr. Wallace asked if it was necessary to approve the bills tonight
and Mr. Kohl said no.
Mayor Jackson reaessed the meeting at 10:29 P.M. until 4:30 P.M.
F~iday, August 10~~ 1975.
CITY OF BOYNTON BEACH~ FLORIDA
ATTEST:
Edward F. Ha~men~ng~ / /
Forfest L. Wallace, Councilman
19-
lYrE MO R AIq D U t%~
TO. ~o .
RE.: Agenda Itcm - Flood Insurance (Table~)
Please include :chis report in your Agend~'Bo0ks for T~es~ay evening's r~eetr
rage of this progr~, a commm{ty ms~ meet the follow~g prereq~sites:
1 ~ Colics
i~licat~g a loc~l
iz~ t/me
.7.
B. A surr~nar¥ of flood plaLu ~gemen~ regulatory measures
C~, b~,c~e~.~ ~e~ a~d 9~er preventive
m~a~r~$ m~h as, si~ pl~ -~ su~i~sion re~e~ ~
~l '~e~i~ ~e~ of flood c~ol '~s~-
5. An o~ne of ~he Con~r~aiisz% flood history mud flood pro~e
char~e~ist/cs~ The ~~ ef Co~i
6, %he appr pr~a~e g,ove=nin~ bc~y, by. resolution, st~I1 commit
itself to taking tt~e following mc~ions:
Recognize and d~/y ev-~/%zate flood h~zards in all official
actions relating to land ~se in ~ood plain areas.
To enact and ~in~ain in force adeq~te ~nd use ~dcon-
trol measures for areas h~v~g special floo~ h~z~rds.
........... contin~e~ ............
To: I-Iono Mayor & City Council IV~embers
1V~emorandur~ - Re: Flood Insurance August 6. 1973
C. To assist ~me Federal Insur~ce Administrator, a~ His
req~zes~, in delinea~b~g ~e Ii~it~ 0f ~e f~o~
lng special ~ood ~zards on avai~ble local maps of _
s~fici~ sca~ to ident~ ~e loc~on of bu~g ~ites
D.. To fur~ish appropriate repres, e.~ives of Federa~l/St~te
'and ~ Flood ~$~r~ce A~sociati~ ~or~om
" queS~ ~o~e~i~g new or s~bs~ll~
tures ~ ~e ~rea of spec~ flood ~z~rd
E.To coo~r~ ~ Federal, S~t~
cl~ding ne~r{mg ~idel~s
To app~t a~ agency or of~c{al ~ ~e resp~s~
~dy.
Council Me~, we '~l..T, e~p~di~ ~his ~r ~$~ mm s~a~ the ne~
:
Central
.... Page Z ....
MIhV/~ES OF THE RECONVES~ED REG'dLk~ CITY COUNCIL MEETING OF AUGUST
7, 1975 OF THE CITY OF BOYI,~ON BEACH~ FLORIDA, MELD AT CITY
FRIDAY, AUGUST 10, 1975.
PRESENT
Emily M. Jackson, Mayor
Joe DeLong, Vice Mayor
David Roberts, Councilman
Edward F. Haz~aening~ Councilman
Forrest LJWailace, Co%uncilman
Frank Kohl, City Manager
Ernest G. Simon, City Attorney
Tereesa Padgett, City Clerk
Mayor Jackson called the recessed meeting of August 7, i973 to
order at 4:32 P.M. and announced that the Council would pick up
where it left off on the agenda.
Mr. Robez~cs said he would like to dispense with the regular order of
busMuess and jump down to Item E ~Status Report" under ~ADM~ISTRATIVE.~:
Mr. Wallace felt consideration should be given to people in the
audience who had returned to the meeting because of specific items
being carried over and after some discussion, it was decided to
go ahead with the Status Report after the matters eoncerning
anne×ationwere completed. Mayor Jackson asked~fr. Simonif he
was ready with his ree~endations on ~ane×ation.
Mr. Simon said he had prepared a proposed ordinance of declaration
of intention which pursues and follows the provisions of the Charter
per the Cou~neil's request. Mr. Simon explained that he also
incorporated ~eference to a zoning classification stating that if
the Council intends to annex with an R-1AA elassifieation~ the people
representing the bank have said they are interested in annexation
with some sort of understanding that they'd be able to get the proper
zoning. If they .come ~u R~lAA, it would require re-zoning and there
is s moratorium against re-zoning~ He said if it camein without
any classification, it would be faced with that prospect. Mr. Simon
suggested two approaches in either case. If Couneil decides to
leave the moratorium intact on re-zoning~ they might accept the
application for annexation and refer it to the Planning and Zoning
Board for its stud~, receive back the Board's recommendations and
then declare the City's intention to annex this property with the
classifications that the Council deems proper. Another way to handle
this would be for the City Council to dispense with the Planning
and Zoning Board route cud decide here and now as to the classifica-
tion it wishes to have. In either case~ the property would be brought
in with a prescribed zoning classification other than R-1AA. Mr.
Simon explained the reason for that course is due to the present
re-zoning moratorium. Mr. Simon referred to Mr. DeLong's motion to
bring the property in under
Mr. DeLong said the thought behind the motion was that agriculture
or undeveloped lands coming in would be R-1AA and this was to take
p!aCein any annexation guide that Mr. Simon was going to draft~
tsking into consideration the House Bill 10-20 when it became
effective. As a consequence, anything that Mr. Simon would work on
MINETES OF T5~ RECOMVENED REGULAR CITY CO~CIL MEETLNG OF AEG~ST
7~ 1975 OF THE CITY OF BOYNTON BEACH, FLORIDA~ HELD AT CIT~
FRIDAY: AUGUST 10, 1975.
at the present time~ would not include what was meant to happen after
October 1st.
Mr. Simon said he understood the procedure the Council wa~cs to have
at that time, but he wanted to explain why they coulchn~t have it
now.
Mr. DeLong said that when Mr. Simon is making his draft, he should
take into consideration extenuating circumstances such as the matter
being discussed, aside from those coming in which are raw
land or zoned agriculture where there is no intention to develop
for years to come and these are the ones that should be placed
in the R-/AA category. He added that anything which already has
gone up to the County and is in the unincorporated area and a
zoning classification has already been obtained from the County
should be h~nd!ed differently.
Mr. Simon said it would be difficult to set up guide!5~ues along
that line because this would be letting the Co%unty guide the City
in its annexation and Mr. DeLong said this would be up to Mr. Simon
to decide.
Mr. Roberts asked if this matter should be turned over to the
Pla~_ning and Zoning Board to consider zoning and bring back a
recommendation and M~. Simon answered that either the Planning
and Zoning Board or the City Council should determine compatibility
and all other aspects with which the City is concerned.
Mayor Jackson asked Mr. Vastine to comment as he was the Chairman
of the Planning and Zoning Board. Mr. Vastine said as he understands
the situation and in keeping with the Charter~ the first step iS
annexatio~ to be decided by the Council, a~ter which comes the
action o~ the Planning and Zoning Board. He said in studying this
situation: there is nothing in the annexation which spells out
zoning whatsoever as it now stands. He said first the City would
annex and then it would zone.
There was further discussion about the action to be taken end Mr. DeLong
moved that the City accept this application and declare its intention
to annex and that the Ordinance be read. Mr. Wallace seconded. Under
discussion: Mr. Roberts asked for clarification that this was to be
turned over to the Planning and Zonin9 Board for further disposition.
Mr. Simon explained that the City will declare its intention to
anuex and pursuant to and following that it would be turned over
to the Planning and Zoning Board because there would ultimately be
an annexation ordinance which will include the zoning classification
as prescribed by them and as recommended and approved by Council.
Motion carried 5-0.
2
MINUTES OF THE RECOh~/ENED HEGU~L~ CITY COU~ICIL ~EETING OF AUGUST
7~ 1975, OF THE CITY OF BOYNTON BEACH~ FLORIDA, HE.LD AT CITY HALL~
FRIDAY, AUGUST 10, !97D.
Mr. Simon read Ordinance No. 75-37 on first reading -- An Ordinance
of the City of Boynton Beach, Florida, Declaring the Intention of
Said City to Extend its Municipal Territorial Limits by the
Arm. exa~ion of a Certain Unincorporated Tract of Land, etc.
Mr. DeLong moved for the adoption of Ordinance No. 73-37~
of Annexation, on first reading, seconded by Mr. Wallace.
was no discussion. Motion carried 5-0.
Intention
There
Status Report
N.E. 10th Avenue
Mr. Kohl referred to his letter to the Council of August 7, 1973
regarding N.E. 10th Avenue. He said the County Engineer's office
advised that $200,000.00 is in the proposed budget for right-of-way
acquisition for N.E. 10th Avenue which includes repair of the
road. He said Mr. Kelly of the Right-of-Way Department, advised
that authorization for appraisal had beau approved and after several
titles have been checked out, appraisal contracts' will be awarded.
Appraisals should be completed within S0 days. Mr. Kohl advised
that the last paragraph of his August 7th letter should be stricken
as it does not apply.
Mr. Roberts said he had been asked about this item and he felt it
was best to have a report on the progress.
1-95 Crossing
Mr. Kohl referred to his July 19th letter regarding construction o~
sleeves across 1-95 right-of-way, He then read his letter, stating
that the City was responsible for expenditures on these projects
over and above the $270~786.00 as indicated on the estimated cost.
He also referred to Mr. Clark's letter which explained a developer
would also be responsible ~nd he wanted to point out existing
problems prior to the start of 1-95 construction through the City.
F~. Kohl noted copies of letters the Council had received ~rom
Mr. Clark, utility relocation ~d Russell g Axon. Mr. Kohl noted
that certain things had to be done either before or after construction
across 1-95 ~nd if they were done later, it would cost more. TRere
was some discussion as to the time element which was not ascertained
so the City would be prepared and Mr. Kohl stated that he just
wanted te keep the CoLuneil apprised of the situation.
East-West Roads
Mr. Kohl referred to Mr. DeLong's request at the June 19, 1975 meeting
regarding the condition of present East-West roads and the addition o~
new ones. Mr. Kohl advised that he had been in contact with the
City Engineer for a status report ~nd recommendations, the Palm Beach
MINILTES OF THE RECONVENED REGULAR CITY COUNCIL MEETING OF AUGUST
7~ 1975 OF THE CiTY OF BOYNTON BEACH~ FLOP~TDA: HELD AT CITY F=ALL,
FRIDAY~- AUGUST 10: 1975.
County Area Planning Board and the Chamber of Commerce. He referred
Council to copies of correspondence received pertaining to this
matter and he asked if there were any questions. There were none.
Sewer to Service First Bank of Boynton
Mr. Kohl noted that this bank is presently being constructed and
the sewer extension required will cost approx/mately $2~000 as
per estimate made by Lauderdale Contracting Company. Included would
be a new manhole at N.E. 6th Street and approximately 150 linear
feet of 8~' pipe extending from the existing manhole. He said
this existing 15 linear foot stub]J_ne with open joints is being
replaced with new pipe~ thus eliminating the source of infiltration.
The cost for this construction wo~ld be funded from No. 582~
Activity No. 6250. This sewer extension is recommended because
of the poor condition of the service laterals at U.S. 1 which
formerly served a Howard Johnson restaurant, The extension could
be extended further in the future to serve buildings on the east
side of N.E. 6th Street between Ocean Avenue and N.E. 2nd Avenue.
Mr. Kohl recommended that a proposal he requested from Lauderdale
Contracting Company for this work, using unit prices in their
contract~ but with separate billing.
Mr. DeLong asked Mr. Simon if the City could go along with these
unit prices and Mr. Simon answered yes.
Mr. Harmening pointed out that a ehangeorder could be made end
Mr. Kohl asked the Finance Director if it would be better to
have a new contract or an addition to the present one. Mayor
Jackson asked if this would come under the HUD fund and Mr.
Kohl said this is what he didn't want to get confused, and he
was told that additional work should not be submitted on the
HUD contract.
Mr. Harmening still felt that a ehangeorder could be made and he
moved that Mr. Kohl eheek with Mr. Klinok and enter ~uto a
changeorder with Lauderdale Contracting Co. to instal_l this service
tine to the bank and the other adjacent properties contiguous
thereto. Mr. DeLong seconded the motion, adding that if Mr. Klinck
says there is no conflict with the present contract, there won't
be any problem with HUD and if there is a problem~ he is then
privileged to go out on separate contract -- whichever wayis most
convenient, go ahead with it. Motion carried 5-0.
Wells 12~ 15 a~d 14
Mr. Kohl referred to his letter to Council dated August 6, 1975.
He discussed this matter with John Ktinok and recommended the
matter of negotiating a contract for three new water supply wells
which were discussed with Als~v Drilling, Ine. as a supplement
to their existing contract for Well No. i!. They are willing
to construct the new wells at the s&me unit prices where applicable:
MINU~ES OF THE EECONVENED REGULAR CITY COUNCIL MEETING OF AUGUST
7, 1973, OF THE CITY OF BOYNTON BEACH, F~_ORIDA, HELD AT C1TY HALL,
FRIDAY: AUGUST 10p 1973.
as Well No. 1t. Unit prices for fencing in lieu of housing and
various other items whale no prices were established for Well
No. !! could be negotiated. Alsay advised that they need a letter
of intent from the City which they can use to hold prices with
their supplier prior to August 10th due to an upcoming price increase.
Alsay also advised the City of their heavy work schedule a~d since
they were the only bidder last time: Mr. Kohl recommended immediate
consideration be given to this situation after legal advice is
received from the City Attorney, and that appropriate action be
taken to enable the issuanee of said letter of intent to Alsay
Drilling, In. before Augast loth. The estimated cost of the three
new wells is approximately $ll0~ 000.00. Mr. Kohl stated that
Well No. !! was approximately $52~ 000.00. The raw water line
survey has been completed and the completion of final design plans
and specifications is unde~ay. The Engineering Department is
pursuing the matter of required easements south of the existing
water treatment plant. He then asked M~. Simon if he had looked
into this matter.
Mr. Simon said this is a whole new purchase and the City must
follow the Charter provisions in regard to purchase and go out
for bids.
Mr. DeLong pointed out that the price quoted on Well No. 11 included
extra work -- it was not an ordinary well.
Mr. DeLong moved that Aisay be sent a letter of intent and send
out for bids as soon as possible. Mr. Harmening seconded the motion.
Mr. Roberts said Aisay should be made aware that the City is
interested ~u giving them the bid but is un~bte to do so. Mr.
Wallace mentioned the possibility.~of someone coming in with a
lower bid and there was further discussion about this point.
Motion carried 5-0.
M-1 Industrial District
Mr. Kohl referred to his letter to the Council dated August 6~ 1973
regarding the M-1 Industrial district with the attached M-1
zoning classification presented to his office. He asked for
Council's perusal and approval inasmuch as this amendment
is scheduled for public hearing at the meeting of August 21~ 1975.
Mr. Kohl noted one ehange on the sheet marked '~M-1 Industrial
District" at the bottom~ delete the portion ~any other use causing
e~ittance of fumes ...~ dov~ to the end~ per the recommendation of
the City Attorney.
Mr. DeLong asked Mr. Simon why this should be omitted and Mr.
Simon said to put that portion in there is to go back to the
similar language that the court has already suggested to be
unconstitutional and invalid because of its vagueness and uneertainty.
MINGTES OF THE RECONVENED REGULAR CITY COUNCIL MEETING OF AUGUST
7, 1973, OF THE CITY OF BOYNTON BEACH, FLORIDA~ HELD AT CITY HALL~
FRIDAY~ AUGUST 10, t973.
To refer to explosives or any other kinds of criteria without
guidelines would be to fall back into the same situation we are
presently at. He said if the Council stated its prohibitive uses
specifically, there would be no question what is and what is not
available under any given el~ssif, ication but if additional language
ms included, it is put back 5~nto the uncertainty that p~esently
exists. Mr. Simon noted that this closely follows the pattern of
the City's other classifications. He felt the City Counci~l should
be specific as to what it has available under that classification.
Fn~. DeLon9 asked'Mr. Vastine where this recommendation c~me from
and Mr. Vastine acknowledged that it came from the_ Planning and
Zoning Board. Mr. Vast/ne said that aceording to his recollection,
the original provisions in the planning and zoning for that M-1
did not include specifics. He agreed with the Attorney that
since it's so defined~ it would automatically follow that it is
true.
Mr. Kohl said that he also had Mr. Barmett eonfer with Mr. Simon
on this. ~. Kohl felt the Council should go along with the
advice of the City Attorney and he asked Mr. Vastihe if he
agreed. Mr. Vastine said yes. 1~. Barrett also agreed with
the City Attorney for the most part but pointed out that every
last specific use in the zone could not possibly be enumerated
and discussion ensued in this regard.
Mr. Roberts askedMr. Barrett if there were ~ny conditional uses
~nder this classification of M-1 and Mr. Barrett said there are now.
Mr. Roberts asked if conditional use could be included in this
M-1 zone and to allow the Planning and Zoning Board to rule on the
conditional use. Mr. Bamrett felt there wouldn't have to be a
conditional use and he asked for ~. Simon's thoughts. Mr. Simon
said the language borders on a conditional use or special exceptional
use. He said in his opinion that last sentence in question would
just be a reptition of what the City now has in the sense of
being vague and uncertain. There was further discussion among
Council about prohibitive and permissive uses, including comments
on interch~ngin§ M-1 zoning with C-1 and C-2.
Mr. Simon said that one other change he would~ke to recommend
regar~]frng M-1 is to eliminate the language ~certain industrial
uses listed~ which is in the middle of ~permitted uses~' -- then
there are only two lists, permitted uses and prohibitive uses.
After additional discussion, Mr. Simon said that it would be in
ordinance form at the next Couneii meeting for public hearing.
Mr. Simon advised the Council that he would be on vacation then,
but the ordinance would be in final fo~m as was just discussed.
- 6-
MINU~ES OF THE RECO~ZENED REGULAR CITY COUNCIL MEETING OF AUGUST
7~ t973: OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL~
FRIDAY~ AUGUST 10~ 1975.
Mr. DeLong asked to back up regarding the Status Report - 1-95
Crossing. Where Mr. Kohl Stated that apparently the City is
responsible for those project~ over and above the $270,786 as
indicated on the estimated cost -- Mr. DeLong asked who would
supply the $270,786 for the 1-95 sleeves. Mr. Clark advised that this
was Randy Crowell's estimate. He'S doing the 1-95 utilities
rolocations which are reimburseable~ The slooves referred to hero
are future sleeves for future crossings which may be required at
partiouiar locations according to Russell & Axon's recommendations
which may change from time to time. Mr. Clark stated that his
comments at this tLme are that undoubtedly 'if the sloevos were
located exactly where they were wantsd for some future wa~er or
cross-main crossing~ the City could save money if they had the
money to spond at this time~
Mr. DeLong said he understood how the project would cost more if
future preparation wasn't ma~e~ but he wanted to know ~no was
responsible for the initial $270:786. Mr. Clark said the City
was respon.~ble for everything and the words ~over and above~
was a typographical error.
Mr. Kohl then read the attached City Manager's Status Report dated
August 10~ 1973. At the point on the report in re~ard to the
City Attorney~ the reading of the memo was interrupted with the
following eo~monts.
Mr. Harmening asked Mr. Kohl when the City Council directed him
to advertise for the so,ices of a f~t! time City Attorney. ~tkcr~
Co~eil member~ had the same question and Mr. Roberts said he
made the motion at an earlier meeting ~nd it was passed. Mr.
Wallace said he read through all the minutos and he couldn't find
any record of such a motion. He felt it may have been discussed
at a workshop but no official action was taken upon it, He did
not vote on such a motion and until it is shown to him in the
minutes~ he resents the way it was presented.
There was further discussion about whother or not a motion was made
and adopted and Mr. Wallace said that there should be official
action by the Council before any action on these types of things
is taken.
Mr. Roberts said he recalled the discussion and/or the motion and
su§'gested checking the minutes, specifically just before the budget
meetings and if there is no record: Council can take action at
that time.
Mr. Kohl then resumed reading his status report, after which he
read another m~mo dated August 10, 1973 in regard to Reorganization.
At the close of the paragraph regarding General Services, Mr. Wallace
- 7-
MINUTES OF THE RECONVENED REG'3LAR CITY COUINCIL MEETING OF AUGUST
7: 1975, OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CI%~f HALL
FRIDAY~ AUGUST 10~ 1975.
asked if any of the temporary appointees were receiving higher com-
pensation for the job and Mr. Kohl stated that Bob Feltz is.
Mr. Wallace then asked if t~is had been approved by the Council, to
which Mr. Kohl replied no. Mr. Wallace then asked the Council if,
based on past experience, a recommendation should be received.
Discussion ensued among the Council regarding employees whose jobs
have changed with some receiving additional compensation and others
not. Mm. Wallace reiterated his feeling that this should be brought
up for Council's action.
Mr. Wallace then asked if Mr. Hopkins resignation w~s received as of
the da~e given - July loth. He said Council accepted the resignation
as of July 51st and there was a two-week lapse when Mr. Hopkins didn't
work. There was further discussion regarding the two weeks' pay that
Mr. Hopkins received and Mr. Kohl stated that it was the prerogative
of the City Manager to give 2 weeks severance pay and Mr. Hopkins
was apprised of this.
Mr. Wallace stated that this situation was explained to him differently
and he would like the opportunity of expressing an opinion one way or
the other in matters of this type and then have a Council vote.
Mr. Kohl resumed reading his status report. Following the paragraph
in regard to Court Clerk~ a lengthy discussion, followed..~-
Mr. Wallace and Mr. Harmening questioned the legality of the Court
being placed under the jurisdiction of the City Manager in view of
the present wording of the City Charter.
Mr. DeLong expressed his thinking that this had been done in prepara-
tion for changes to be implemented after October lst~ under House
Bill 10-20.
Mr. Simon advised the Mayor, when she questioned if an ordinance could
be drawn up a month early to become effective, in accordance with
House Bill 10-20, that the City could not legislate until they had the
authority to legislate.
Mr. Harmening stated emphatically that we should follow the Cha~ter,
regardless of how old it is, until such tJJne as the changes can be
implemented properly.
Mr. Kohl then read the last paragraph of his status report on the
City Enginee~o
- 8
MINIiTES OF THE RECONVE~FED REGUk~Rt CITY COUNCIL FLEETING OF A~GUST
7~ 1975 OF THE CITY OF BOYA~ON BEACH, FLORIDA~ HELD AT CITY HALL,
FRtDAY~ AUGUST 10~ 1975.
Mr. DeLong moved to make the Status Report of the City Manager a
matter of public record and to commend him~ outside of the £ew
remarks about the "bugs" which were justified. He felt that the
City was in a forward move and that a lot had been accomplished.
Mr. Roberts seconded the motion. Hnder discussion. Mr. Wallace
asked that thosm who were filling in on positions receive retroactive
pay for the jobs they've been doing. F~. DeLong suggested that
things be left as they are and that everyone get broken in at their
old salary as it would only be appmoximately another month and
everyone seemed happy. Mr. Wallace stated that P~'s been hearing
a different story. Motion carried 5-0.
Mr. Wallace stated tP~t he would like to bring up one other item
that had some "bugs" -- Secretary III. He felt that the people in
this office had different qualifications and that the job description
was not written for one specific person. He felt there were
inequities as far as the secretarial pay is concerned~ he asked
that the Council look ~nto this as far as discussion and personnel
and to iron out the inequities. Mr. DeLong suggested that Mr.
Wallace make a motion.
Fir. Wallace moVed to turn this over to the City Manager in conjunction
with the Personnel~ireetor to make a study of the Secretary III
situation. Mr. DeLong seconded the motion. There was no discussion.
Motion carried 5-0.
OLD BUSINESS (Cont'd)'
Appoint Assistant Prosecutor (On the Table)
Mr. Ha~nening moved to take this item off the table, seconded by
Mr. Wallace. Motion carried 5-0.
Mayor Jackson asked if anyone had a nomination for Assistant Prose-
cutor. She then asked'Mr. C~ntota, who was sittin9 in the audience
if he would be interested in the position. He replied no. After
some diseussion, Mr. Harmening moved to put this item back on the
table, seconded by F~. DeLong. Motion carried 5-0.
Recommendations on Water g Sewer Exp~uusion -.~Ohn Klinck
Tabled.
Appoint Transportation Study Committee
Mayor Jackson stated that the Condominiums would like to have Mr.
Frank Carroll and the Development Board wo~ld like to have Mr.
Dick Lambert as ~epresentatives on the committee. She then asked
for one name from each Council member. Mr. Roberts asked how many
MI~dTES OF THE RECO~ENED REGHLAR CITY COUNCI~I~EETING OF AHGUST
7~ 1975~ OF THE CItY OF BOYNTON BEACH, FIDRIDA~ HBLD AT CITY I~LL:
FRIDAY, AHGUST 10~ 1975.
would be on the committee and Mayor Jackson said a total of 7 was
suggested. Mr. DeLong submitted the name of F~r. J~mes Roll, 28
Colonial Club Drive, Boynton Beach: telephone: 737-3150. Mr.
Hammening said he had someone in mind that he would like to speak
to again before submitting his name. Mr. Wallace submitted the
name of Andy Wittkop: Executive Secretary of the Chamber of Commeree.
~Ir. Roberts said he did not have a name to submit at this time.
Mayor Jackson submitted the name of Mr. Ralph Pearson, Jr., whose
address is in the northwest section of the City. Mayor Jackson
suggested that Mr. Hammening and Mr. Roberts give thei~ suggestions
to the City Clerk.
Mr. DeLong moved to ratify those appointments that have been made
and those that will be made by F~. Ha~mening and Mr. Roberts
and the City Clerk will so notify the people of the appointment
and to hold an organizational meeting and elect a chairman. Mr.
Wallace seconded the motion. Motion carried 5-0.
Disability Insurance
Mayor Jackson noted that this item was not on the agenda and was
to be carried over from the last meeting. She asked Mr. Roberts
if he'd like to keep this until the next meeting.
Mr. Roberts said he had discussed the matter with Mr. DeCarlo and
was attempting to make arrangements for him to speak on the subject.
Mr. Roberts said he knew of very few places that carried disability
~nsurance covering people getting hurt or going through extremely
long illnesses off the job. Through his experience, he didn't see
how the City could get involved unless it wanted to give the employees
an extra benefit or at least handle it for them. He suggested that
those who would like to have this insurance, pay for it with the
City offering bookkeeping services in the way of deductions. He
felt having this type of insur~nee was a personal matter and didn't
thi_mkthe City should pay for it.
Mr. DeLong concurred for the most pa~t with Mr. Roberts. He stated
that ~nyone making a career out Of serving the public should have
disability protection. He felt that both the City and the employee
should participate but there should be very strict requirements in
order for anyone to become eligible for a disability pension. He
referred to on the job disability~ not off the job. M~. Roberts
agreed that there should be on the job disability insurance with
the City helping to pay but he thought disability off the job was to
be included. It was decided that Mr. DeLong and Mr. Roberts would
discuss this matter at another time.
Mayor Jackson asked if there were any funds to cover this and Mr.
F!ynn said it would come out of the Contingency Fund.
Mr. Wallace stated that he would like the City to look into those
MINUTES OF THE RECO~JENED REGULAR CITY COUNCIL MEETING OF AUGUST
7, 1973, OF Th~ CITY OF BOYNTON BEACHs FLORT~DA, HELD AT CITY HALLs
FRIDAY, AUGUST 10s 1973.
areas where employees are subject to working in hazardous occupations.
If some one is in.jured and odt for a long period o~ time, the system
being used by the Federal government to compensate them at present
is very autiquated~
After further discussion, Mr. DeLong stated that Mr. Roberts, as
Chairman of the Commit~cee on Disability Insura~me~ should decide
what action to take. It was decided to leave this item in
abeyance for the Committee to meet and report back to the Council.
NEW BHS/~NES S
Consider the Request of Town of Lantana
Mayor Jackson rez~erred to aResolution passed by the Town of L~ntana
urging the County to keep its taxes down. After some discussion~
Mr. Wallace suggested going along with their request. Mr. Roberts
asked if a letter couidn~t be sent stating that Boynton Beach
supports their resolution and Mr. Harmening suggested including
the fact that Boynton decreased its millage consid~ably and request
that they go along in this direction.
Mr. Wallace moved to adopt a resolution similar to the one adopted
by Lantane ur~lng the County commissioners not to increase the
millage and to preferably lower it, innluding the fact that Boynton~s
mgllage has been reduced. Mm. Simon asked if Boynton was in a
position to resolve to the same extents referring to the first few
paragraphs in Lantana~s resolution. The Council advised that it wasn't
necessary to follow Lantana~s resolution verbatim. Motion carried
5-0.
Mm. Wallace requested to go down to Item C on the agenda under
~ADM/xNISTRATIVE, ~ as the first two items had been hs-ndted.
Consider Request of William F. Hummeti
Mayor Jackson explained that this was a request for the City of
Boynton Beach to transfer the ownership of Lots' 193 and 19~ Block F,
Boynton Beach Memorial Park~ Boynton Beach, Florida, recorded in
the name of William F. Hummell and or Antoinette C. Hummell, to
Lloyd Benson. Mayor Jackson then read the following for Council's
information:
Excerpt from Sec. 6-5, Boynton Beach Code of Ordinances
~he owner or owners of cemetery lots shall not allow in-
terments made in their lots for remuneration, nor shall any
transfer: assignment, or conveyance of any lot so owned,
or of any interest therein, be valid without the owner
thereof first having secured the written consent of the
MINUTES OF THE RECONVENED REGUDAR CITY COUNCIL MEETING OF AUGUST
7~ 197~ OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL:
FRIDAY~ AUGUST 10, 1973.
city council to make such transfer~ assignment, or
conveyance, and such written consent must be endorsed
upon such transfer~ assignment, or convey~mce. ~
Mr. DeLong asked if items such as this went before the Cemetery
Board and .~res. Padgett replied no -- they have voiced their opinion
that there is no objection as far as transfer as tong as it's done
with Council approval. There is nothing in writing -- it has been
policy.
Mr. DeLong moved to 9m~nt this request but include in the motion
that in the future it be established policy that the Cemetemy Board
be consulted and permitthe Counei! to kn~w what their feelings are
regarding a recommendation as to approval or disapproval. Mr,
Harmening seconded the motion~ There was no discussion. Motion
carried 5-0.
Consider Proposal of Community Relations Board
The first request perbained to the Board's approval of the request
of the Boynton Beach Child Care Center for $4~500.00 per year for
the purpose of providing child care for the children of mothers
who work later. This money would keep the center open fmom 2:30 P.M.
to 7:50 P.M., 5 days per week~ 50 weeks per year.
Mr. DeLong stated that this was within the Federal Sharing and he
asked Mr~ F!ynn to apprise the Council of the details. Mayor Jackson
noted that the child care cente~ is now under a federal fund.
M~. Flynn expia~ned that the program in question was a special one,
over and after the day's procedures are concluded. He stated that
it is acceptable and the City will not endanger its Federal funds
in any way by assisting them. He asked for Counci!guid~uce as to
how this money should be paid to the group.
Mr. DeLong moved to honor the request for the reeomendation of
the Community Relations Board and incorporate in the same motion
that Mr. Flynn supply the City Council with a memo to the degree
and extent that this is appropriate under the Federal Revenue
Sharing. Mr. Roberts seconded the motion for discussion.
Mr. Roberts asked how the money would be distributed~ who would h~ndte
it and who would be responsible to see that evemything is carried
through. Mm. DeLong said the procedure was outlined by Ordinance. Mm.
Watlaee .asked if there was any in~ommation available to support
this $4~500 as to hourly wage~ to whom it would be paid~ how does it
compare with similar programs, will the s~me people be handling this~
can other people be hired: eta. He felt this was a policy that should
be set by Council. Mayor Jackson said that since it was unkno%~ how
long the Fedemal Revenue Sharing would tast: she felt it should be
handled on a year to year basis.
-. t2=
MIN~d~ES OF THE RECONVENED ~REGULAR CITY COUNCIL MEETING OF AU~dST
7~ 1975~ OF THE CII~ OF BOI~ON BEACH, PLORIDA~ MELD AT CITY HALL,
FRIDAY, AUGTdST 10~ 1975.
Mr. Fiynn said that he had received a detailed cost breakdown from
the City Manager's office and it primarily concerned food and
lunches. It was minimal concerning salary or wages. Mr. Fiynn
stated that he would want a set schedule of payments and he would
request a list of expenditures appr~ed by the enti~e Community
Relations Board.
M~. Wallace pointed out to Fmyor Jackson that these monies were
only a 10% portion of what the City had received for a specific
year and is governed so that it wouldn't extend fo~ another year
until acted upon by Council. Motion carried 5-0.
Mr. Kohl Stated that he had a bill for $480.00 to October 5, 1975 --
$50.00 for the cook ~nd $50.00 for the driver fo~ 8 weekst~der the
Revenue Sharing for the senior citizens~ signed by ~he Chairman
and Vice Chairman of the Community Relations Board and President
of the Senior Citizens.
Mr. Wallace gave an example of mis-spending of the public's
tax money and stressed the importance of keeping a close watch
on money that's expended. Mayor Jackson told of a similar e~p!e.
Con~zder AaDustment of Htility Fund Budget
Mr. Flynn explained that there was a monthly assessment against the
Htility Operating Budget for administrative or m~nagement services
on the pa~t of employees within the City. This was upped eon-
siderabty as we went into this budget year through the decision
of the former City Manager and fo~mem Finance Director. He
explained that this has put a strain on the operation of the
Utilities Department. In view of the fact that there are just two
remaining months left to this fiscal year and since the City
has already received approximately $115,000 into the General Revenue
Fund~ Mr. Flynn recon~ended the suspension of these charges for
August end September. He noted that this situation has been co~ecte~
in the new budget year.
Mr. Har~ening moved to accept the recommendations of the Finance
Direetor~ seconded by Mr. DeLong. Motion carried 5-0.
Receipt of Destruction Certificate ~G05046
Mr. DeLong moved to make this a matter of public record -- the
reeeipt has been made and Mayor Jackson noted that this was from
the Chase Manhattan Bank. ~. Waliaee seeonded the motion.
There was no discussion. Motion camried 5-0.
Approval of Bills
Mr. Wallace moved that if the bills were in order~ they should all
be paid. Mr. Kohl said they were all in order and M~. DeLong
MINU~ES OF THE t~ECONVENED REGULAR CITY COUNCIL MEETING OF AUGUST
7~ 1973: OF Th~ CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY FZ~LL~
PRIDAY~ AUGUST 10~ 1973.
seconded the motion. Mr. Kohl qualified that this was for $33~297.~2
as follows:
Neptune Water Meter $ 4:250.40
Invoice ~08-t0700 - Final
Keene Corp,
Invoice ~ 58162
2~306.50
N.C.R.
Invoice ,+44500210
1,241.42
O'BrienMfg~ Div. Conoo Inc.
Invoice ~9370!
799. O0
Russell House Movers
5,500.00
Palm Air Cooling g Heating
Invoice ~1975
14~200.00
297.32
Motion carried 5-0.
Regarding the Lauderdale Construction bill~ Mro Kohl explained
that this covered completion of 10:5~0 sq. feet of sewer in the
amount of $154,377.80. He then referred the Council to a map
they had showing the construction.
Mr. Kohl then referred to a bill from Fontaine Industries for a
gasoline storage tank for $2~997.00 and Northern Gravel Company
for filter sand and gmavelinthe amount of $2:064.00. Mr. Kohl
recommended payment of these bills as they have been checked
and verified as necessary. Funds are available in their respective
budgets.
Mr. Wallace moved to accept the recommendation of the City Manager
and pay the bills: seconded by Mr. Harmening. Under discussion,
Mr. Roberts asked if this was al!.undem the sewer extension progm~m
and he was advised that it was jus~ Lauderdale Construction. These
were different items. Motion carried 5-0.
Mr. Kohl asked for approval of a bill of August 7, 1973 from Russell
& Axon, Invoice No. 4 in the ~mount of $7,047.52 for consulting
engineering semvices, sanitary sewer extensions, payable from Bond
funds $1 miltion~ 519 series 1971. This bill has been checked
and verified and funds a~e available in the respective budget. Mr.
Kohl stated that he had a breakdown of all the bills and a breakdown
- 147
MINUTES OF THE RECONVENED REGULAR CI~'Y COUNCIL MEETING OF AUGUST
7~ tgY~ OP THE CITY OF BOi~TON BEACH, FLORIDA, HELD AT CITY HALL~
FRIDAY, AUGUST !0, 1973.
from Russell g Axon.
Mr; DeLong moved to pay the bill to Russell & Axon per the City
Managerrs recommendation. Mm. Robemts seconded. Theme was no
discussion. Motion carried 5-0.
Mayor Jackson stated that aftem the discussion concerning Russell
Axon's bills during the meeting of August 7th, she checked with
Mr. Flynn and he has a breakdown of al!Russel! g Axon bills for
anyone who wants to see it. Mr. Flynn interjected that this is
on current bills since he's been with the City and he~s working
his way back so that he can prepame a complete analysis for all
bills subn~itted by t~ussell g Axon.
ADJOLLq~E NT
Mr. Wallace moved to adjoumn~ seconded by Mr. Harmeninq. Motions:
carried 5-0. 'Meeting adjourned at 6:30 P.M.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
David Robert~ Cou~ilman
Edward F. Haz~ening~ Court, an
Fomrest . ~a a~ Councilman
MEMORANDUM
August'/O, 1973
TO: Hon. Mayor& City Council Members
RE: City Manager's Status Report
RECREATIONAL AREAS: R~ ollimg Gm.
The plans for ~he above~ are in the hands of C~orge Davis, Archltec~ who
fo~ed ~y ~si~ o~ for bid a~ he ~ ~o bidders ~ho ~ve
The. 3 air con~oning un~+~s for the above were installed and have been operat-
ing for m ~eek. ~e'~ receiv~ ~y c~l~ from our ~p~, cool resld~ts
to t~k us amd~ I feel Co~c~t shoed be apprised of ~is s~ce you au~or~
t~{~ e~i~e~ ~r S~ D~cers a~e no~ cool a~ co~ortmble.
T~ ~ are ~ ~ ~og~es~ is pr~d~g acc~rd~g ~ sc~d~e.
~ woz:k is completed a~ the p~rk with the exception cf the ceramic 5lc ~ork
around the fountain and. the {nstallation of .the. flaE pole. I cont~
l~uI Rogere~ Office yesterday and he will preseni a fI~g to the City th~
flow~ over ~he Capi~l Building. The fl~g ~iIt he presented to the City a~ the
Dedication, Date to be de~ermined by the City Co%%ucil and hopefully, to co-
incide with Cong, Rogers' re~t~rn to Cae County.
CITY ATTORNEY:
At the direction of the City Council, I have notified the Pmlm Beach Couniy
Bar Association and advertised in Cae Boynton Beach News Journal_for the
Services of al full time attorney. To date, we have an application from Mr.
D~Ialcolrn Anderson amd a letter from Mr. Ernest Simon indicating his desire
to continue as City Attorney. I also received one cai1 from a gentlemen visit-
~ug from New York City w~no stated he may move here. PIowever, he is not
licensed for the State of Florida.
Page 1 of 2 Pages
~V~emorandum
Re: City Manager's Status Report Augqst 10,1973
KIDDIE PARK @ CIVIC CE_NTER:
The Kiddie Park has been cornple~ely re-painted,
All benches ~t eq~pr~emt h~ve been con~ple~ely rust-'proofed prior to re-
I believe Council shoul.~ he apprised of
~g ~is pro~c~ ~s~u~ as y~r ~ppro~l ~de ~is projec~ possible. You
Bea~
After many ye~s of neglect, the 'b~dies Lounge has been cornplete!yre-furbished
with a ne~ co~ of ~t; ne~ drapes ~d Bright, ~eery si{p-covers. I ~der-
s~nd o~ fe~le employ~,s ~ Ci~ ~ are ~ry p~sed ~ ~e resets of ~is
projec~.
We have tomy mere re~ovatkm and]or refurbishing ~bs thronghout the Cit7 and
this w4LI be a cor~naous effo~ %u~il we have coraptetecl all the City fac/I~ies ~
which is an ez~tle~e t~sk.
City Manager
FK:at~
P.S.: WILSON RECREATION CENTER:
The footers vzere poured Wednesday for the expansion of this Center.
Page Z of Z Pages
1,¢_ E 1¢_ 0 l:t A N D U 1¢~
August 10, 1973
I-Ion. 1Viayor & City Co--cji l~erm~bers
bee~ matte in o~r or g~n/z~tion:
~ - ~ ~ I ~ve dir~ con-
close
.~forks Del~r%~ae~ h~s been te~po~rily nm~d ,,~ne~l
Se~CeS" and t ~ve a~o~ RObe~ Fel%z as Acing ~neral
t ~st s~y Bob Fel~ i~ a ~ost coO~r~ti~' e~ployee an~ emch
assi~ed ~o h~ is i~~tety ~cc°~sked' I k~ve ~i~A to ea. ck
S~pervisor ~n~ ~ey ~or~ ~e ~% they are geeing ~long very
to acce~g the budget. ~o~ever, we received ~e resi¢&~on of l~r
~rold ~- ~opk~S, for~er ~blic V~orks ~ ~lities Director om 3~y 10~,
mhd ~ ~er~ ~ell along in budget seSSiOnS ~hen ~is occurred-
Page I of Z pages
Sta~s Report/Re-organizatlon~ Page Z A~gust I 0 · 19?3
Court Clerk:
I had requested that this Depart~ment be placed under my jurisdictic~n during
budget sessions and Council concurred with my recommendation. I pothted
out to the C~c~ ai t~t time, ~at I ~d ~y discussions W~ ~rs. Pad-
ge~ regard~g ~ici~ o~ of employees; ~e back-~g of
work; a~d also, ~lk~ ~ ~o~ecu~or ~ Judge ~onroe
Ooogler who ~ mccompl~h~ ~ sched~e.
I also made~ a sur~e¥ with surr~z~ding cities regarding their procedures;
~se l~d ~ey
~ese c~nges, for the good of ~ CiW - ec~se and for be~r efiicie~cy.
This is a t~rarz ap~e~ an~'~e'IX ~ke over 10/I/TB of~cia~y.
I ~en moved ~iS Depa~t to ~e old Perso~el Office ups~i~s and selec~
a yo~g ~y ~ho~ ~rfomd ~~ly in the ~hlic ~orks De~.
Shron Ra~d~ph. ~nge~e~s wer~ mdc ~h o~er C~des to teach
Ran~otph ~ pro~es and sh~ s~nt ~ ~ys in D~y Beach; ~o
I quote Mr. Ed Sullivan, former Sergeant in our Police Dept, and now Records
Clerk of the Police Department who part/cipates/n ~e f~cti~s of our ~ici-
~t Ct: .... "this is the b~t ~ ~t I ~ve ever seen in ~is
he feels ~ ~rs. R~dolph is a ~ry e~i~ient worker ~d is br~g~g
me~s and ~oce~es tot~ Court w~ch are an eno~o~ improve~t fo~
its smoo~ ~d efficie~ o~,~tion.
City Engineer , ._Tom Clark, In Charge of All Water & Server Facilities:
As you all t~ow. water md ~ewer are ~loubtedly ehe most im~r~i
of ~is Ci~, ~ not the mos% ~, as it ~s much to do ~vol~ng ~
heahh, ~e~re and gr~h of our Ci~.:- I have le=rned a great ~eal ~ the
~o (Z) ~n~s regm~g cer~ me.ods pre~ously used which are ~corre~.
%Ye have placed the Cit-~ Engineer's Department at the ~rater Plant on I5th Ave.
due to the proxir~ity of the department's easy access for ail supervisors to
contact bit. Clark.
In view of the fact that lvir. Clark is now very close to the problems, we have
learned that some personnel changes-must he rnade in this area. Also, having
the department head in this area will make for better supervision and improve
the efficiency in the smooth operation of our water and sewer facilities. I feel
this change will be extremely beneficial to our City.
FK:apt
City Manager
I-HIS IS TO CERTIFY THAT WE HAVE THIS DAy DESTROYED THE FOLLOW NG SECURITIES DESCRIBED
~NAME Or OBLIGOR". The Oi%y of Boyn~on,Beach
~-- THE CHASE MANHATTAN BANK. N.A,
G 03046
DESCRIPTION OF ISSUe: ~1~g POO1 Bo~d Series E
Dated september l, 1960
23
24
The above
%hru Septem~
/1/72
9/1/7
~s a~ Ooupoms
15, 1972.
fACZ ^~OUNT s ].87.50
PRINCIPAL AMOJNT $ 5,000.00
TOTAL S fi,l~TeS0
NUMBER OF BONDS BOND OR
OR COUPONS COUPON VALUE
5
5
1
re paid during
18.75
18.75
1,000.00
1,000.00
perie~ of M~
TOTAL
93.75
93.75
1,000.00
4,000.00
16, 1972