Minutes 05-15-73M!~dTh~ D,F ~ CITY COHNCtL MEETING OF THE CIIT OF BOYNTON BEACH,
FLORIDA, HELD AT CITY HALLi T~ESbAY, MAY I5; 1973
PRESENT
Emily M. Jackson, Mayor
Joe DeLong, Vice Mayor
David Roberts~ Councilman
Edward F. Harmening, Councilman
Forrest L. Wallace, Councilman
Frank](ohl, City Manmger
Ernest G. Simon, City Attorney
Tereesa Padqett, City dlerk
Mayor Jackson called the meeting to order at 7:34 P.M. She welcomed
the audience and asked them to rise for ~Jue invocation~ ~ivenby
Father Joseph N~ Bradley, followed by the Salute to the Flag~ led
by Vice Mayor DeLong.
~nnoLulcem~n~s
Mayor Jackson read and signed two proclamations -- one proclaiming
National Insurance Women's Week, May 20-26, 1973, highlighting the
important part women play in the field of insurance today~ and the
second proclaiming Realtors Week, May 20-26: 1973, commending specifi-
cally the activities of the memSers of the Boynton Beach-Ocean Ridge
Board of Realtors.
Mayor Jackson then announced the Presentation of ~'Youth in Government~
Certificates and asked acting Mayor on Youth in Government Day, Heather
Sinclair to come ~orward and accept the awards. Miss Sinclair also
made a presenaation of a Book of Essays to Mayor Jackson and the entire
City Council f~om the 9th Grade Students of Beynton Beach Jr. High
School, commemorating their dedicated public service to the City of
Boynton Beach.
Mrs~ Jackson stated that the Recreation Department has taken over Rid
Litter Day~ noting that Mr. Jimmy Patterson worked very hard on Rid
Litter Day and she called Mr. Fredericks~ Recreation Director, up to
hand out the Certificates.
Mr. P~ederieks thanked everyone who took part in E id Litter Day,
helping to make it a success. He also said~he would like to give
special recognition to Jim Patterson and to the Public Works Department
and specifically the Sanitation Division. He then handed out the in-
dividual certificates to those groups who were especially active, which
included~: Boynton Elementary School, Kiwanis Club, Boynton Jr. High,
Wilson Youth Association: Forest Park Elimentary School, Girl Scout
Troop 511~ Cub Scout Pack 322~ Chamber of Commerce-Co, nuDity Develop-
ment committee, and Rolling Green Community School.
Mayor Jackson then asked Mrs. Estes if she was ready to have the
students prepare to exit and called a brief recess to allow them to
leave.
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MINUTES - PJ~/LAR COUNCIL PIEETING
CITY OF BOYNTON BEACH, FLA.
i~Y 15, 1975
leave.
MINUTES
Special Meeting - April 19, 1973
Mayor Jackson called rom the n~¢t item on the agenda, the Minutes of
Apmil 19th~ on the table.
Mr. Robemts moved that they be taken fmom the table, seconded by Mm.
DeLong. Motion carried 5-0.
Mrs. Jackson asked if anyone found any mistakes and Mr. Harmening
said he found two very small ones on page 24 -- the next to the last
line at the bottom of the page, the word should be ~ta~~ instead of
~time~' and a misspelling~i~nt above that -- the third pamagraphf~om
the bottom -- the womd ~savioum~ should be ~figume? Mayom Jackson
asked if theme were any momemistakes.
Wallace moved to acceot the Minutes as cormected, seconded by
belong. Motion carmied 5-0.
Regular Meeting - May 1,_1975
Mayom Jackson said she found one or two minor mistakes -- on page 5,
half way down: it says Mm. belong asked if he n~ght heam a second to
the motion. I believe the~e was one: but ~t doesn't show a second
to the motion. She then indicated the ermom to be on page 6 half way
down -- since it was voted on~ it must have had a second and asked
if anyone memembered seconding the motion or not.
Mm. Robemts said he believed the motion was follo%;ed up on page 7 with
a second. There was a brief discussion to elamify that the motion
was, in fact, seconded.
Mayor Jackson said on page 20, it says Mayor Jackson asked the next
item on the agenda under ~Lega~~ if theme ~re any second meadings
on the ordinance and Mr. Simon said no -- so it should be meflected in
there, and whel~ it says there was one on fimst ordinance~ it means
meading.
M~..Roberts said on page 4~, there was a small word he would like to
add. In the third paragraph wheme he made a statement asking for a
referendum by petition, he said he believed he could come up with
less than 25, which would make the petition ~invalid.~ The word
~'invalid~ should be added.
Mr. ]~Long said that on page 25, the fourth paragraph down, it's quoted
Mm. belong said maybe they would go as lam as we would in cum require-
ments. We ame the ones who have to live with it. It should be comrected
MINUTES - REG~L%R COUNCIL MEETING
CITY OF BOYNTON B~ACH, FLA.
MAY 15: 1973
to read~ ~. DeLong said maybe they do not go as far as we would in
our requirements? In other words, d~et-~the word '~would~ and add
~do not.~
Mayor Jackson asked if there were any other co~ections and Mr.
Harmening said on page 9 in the middle of the page under the heading,
~Regular Meeting of April 17th,'~ Mr. Harmening and Mr. Roberts opposed.
I wish to be identified as saying that I do not remember being opposed
to taking it f~om the table. I~m sure I wasn't, it isn't clearly
identified. Mr. Roberts said we could get pretty involved here because
that was a correction on the previous meeting, You were not involved
and became involved here. The correction should be ~M~. Wallace was
opposed to taking it from the table."
Mayor Jackson asked if there were any other corrections. M~. DeLong
moved that the Minutes of Tuesday, May 1st be adopted as corrected.
Mr. Roberts seconded. Carried 5-0.
l~r. Roberts moved that the Minutes of May ~th be tabled since they
were not ready and Mr. DeLong seconded. Motion carried 5-0.
FdBLIC AUDIENCE
~[ayor Jackson said that the next item would be Public Audience and
asked thOse who 'Wished to speak to come fomvard and give their names
and addresses.
Mr. James B. Wilson, Jr. 47 Isle Cour% Boynton Beach, Fla. addressed
the Counai! and audience, stating that he has a petition of 100 or so
names, with many more still going. Mayor Jackson interrupted, asking
Mr. Wilson if this vas on the agenda. $~en he said yes, she asked if
he would bring it up at that time. There was some discussion as to
the subject matter~ and when it wasctarified that it was on Rinker,
Item 7-A, Mr. Wilson saidhe would bring the matter up then.
Mr. Bob Collier, 915 S. Federal Highway, said he wanted to speak on
the Ri~¢er question.
Mr. Gerald ~inner, 722, S,W. 27th Way, said he would like to speak on
the assessment leVy for the portion of S.E. 26th Avenue.
Thomas O'Boyle, 1002 S.W. 4th Way, Boynton BeaC~ Leisureville,
saidhe would like to speak on
M~. Vance Sens~an~ Pine Point Village, Boynton Beach. He said at the
previous meeting he had placed a petition with regard to the rezoning
of the North B0ynton Industrial Park. Hesaid he believed that this
would come un, er 7-A and at that time would like to re-invoke the petitic
Mr. R. B. Vastine, 152 Leisureville Blvd.~ said he would like to speak
under 7-A.
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~INUTES - REGULAR COUNCIL MEETING
CITY OF BOYNTON BEACH~ FLA.
~-Y 15, 1973
Mr. Nat Brower, 2615 N.E. 1st Court, Boynton Beach, said two weeks
ago tonight he came up here and requested permission to obtain petitions
in conjunction with the North Boynton Beach Industrial Park for the
Lehigh Portland Cement Company. He said~ now I have at present, an
additional 468 signatures. This, together with the 553 obtained that
evening, gives a total of 1, 00i signatures. About 2 minutes ago, there
were a few more signatures handed to me -- another 35. We now have
1, 056 signatures opposing the building permit for Lc.high Portland
Cement, I would like to present these signatures for the record.
l~ayor Jackson thard~ed Mr. Brower and theme was a rotund of applause.
George ~3npole, 235 South Blvd., said he would like to speak on 7-A.
PLT. Elmer Davis, 7585 High Ridge Road, said he would like to speak on
Item 7-A.
Mr. Herb Zobel, 154 S. W. 8th Avenue: said with all this, ! realize
you have a full sehedule this evening and I would like to state some-
thing for all the residents of Boynton Beach. As the Council and some
members of the audience kqow, about four months ago I ~,;as one of your
employees, and at that time when I left and a few others did, you put
my dear friend, Harold Hopkins in the Public Works because of all
the lawsuits and everything. Prom January until now, if you will check
records -- perhaps some of you have and I wish you would because what
I want to talk about is the money of Boynton Beach. I will hit this
roughly ~- I will come up with more if you want it, ! will give it to
the newspapers. From January to now, our sanitation is up 100% overtime
in paying our employees. Mr. Hopkins sat where Mm. ](obi is, at that
time and said to Mayor Jackson that he could do the job as he always
did. He did, just like the three years ! worked prior to that -- he
told Mayor Jackson that, I remen~em. Parks Department in tb/s last
count has gone up 60% since January. Being an employee in charge of
all this: I have noticed many times on a Saturday evening 5 men digging
a grave for an 11 o'clock funeral which Z checked in the City Hall --
an 11 o'clock funeral on Monday morning, but they were working Saturday
night. ~nis is overtime. This costs us money, There are many more
things, if you will go back and cheek in your minutes, Mrs. Jackson and
all you people up here had said when you put things back under what
Mr. Kilgore had done -- you had stated at that time that you would
give employees the benefit of the doubt, tf you would check your
records under ~street supervisor~: we have had 4 to 6 weeks, a provisional
man paid up out of City funds. This man came in low on a test -- the top
man refused recently. There were Cit~y employees that were higher
than the man that was provisional, but Mm. Hopkins has been paying on
his payroll this man for provisional street supervisory. This is
what you folks told me and the people of Boynton Beach. %~en I was an
employee, i didn't say all of this. M_~. Hopkins has been with us
about five years or more. The firat three years of his time, and a
few weeks ago in fact, a man came up here and said the old people in
this town are moving in, why do I have to give up my water? I don~t
MIhRdTES - RE~dLAR COUNCIL MEETING
CITY OF BCYNTON BEACH~ FLA.
F~Y 15, 1973
think he felt that way -- i don~ t and people don~ t. We appreciate
everybody coming into Boynton~ but for three years~ why didn~ t we put
in wells? We experienced Leisureville building, High Point building --
for three years we didn't have a well. If you~tt check your records
in Personnel three years ago, M~. Hopkins put through a nice raise
for bJ~mself. He then put 5imse!f in as Supel~intendent of Utilities~ but
for three years the people of Boynton are sufferinq for wate~ just
like we are now. Two years ago we got a well -- one yearn ago I was
an employee of Boynton Beach with Park Supervisory. We went through
the same thing as now -- water shortage. The people lived ~mith it.
Last year Mr. Hopkins had a budget of $25~000 that he let go. I know
you were against ~t~. Kilgore, our previous City Manager. Maybe he
knew what he was talking about~ but why didn't we put a well in last
year? The county was said it's getting rough. We~ve all ~ot to live
with this~ but the county didn't say we're shut off. The City of
Boynton is the only one. Other dities didn't. Watch how we use our
water. Why should we when Mr. Hopkins had money last year he didin~ t
spend? We are extending -- we have people who are interested~ cement
companies coming in. Two weeks ago you did accept somewhat extending
west. Wetre going to have to live with it. live been here 20 years.
Other people kno~ it:s growing. We're going to live with it. Also
two weeks ago, M~. ](ohl said we're ~oing to put in three or fou~ wells.
Nothing against M~. Kohl, A City Manager of this city who these people
know stayed 6 months to a year. ~re you people at the end of this
time going to put him back in because of suffering for water? This
is all I can say because we are g~ot~ing: but look wP~t has happened
in the past.
Mayor Jackson thanked Mr. Zobel, followed by applause and ask~ed if
anyone else wished to speak under public audience.
Mr. O. T. McLean, 906 S. Federal Highway, Boynton Beach, said he had
been away for a week and did not know what the reports from the State
Attorney' s investigation has been made pubtie, but to clarify it to
this audience -- the agreement I made with the State Attorney -- he asked
me to make a statement that I did not accuse anybody of taking a bribe.
I didn~t agree to that -- I agreed to this only -- that ! stood on the
statement as official record that I made before the City Council, which
is a matter of official record. That is what I stand on and that is
what I said. At no time-can any interpretation be put upon what ! said,
except what I said in the record. No. 2, since Vice Mayor beLong
brought up the point that this propert~M was zoned ~or service stations,
I do not know. I didn~ t check the zoning. ! cannot answer it. I
would like this clarified to everybody in the City of Boynton Beach.
We have on our books an ordinance -- I don~t know the number -- it
involves service stations. One cannot be constructed within a thousand
feet ofanothero How many service stations are on that corner out
there? That ordinance was in effect when they were all built. One
thing more -- one here in this Council made a big issue about sending a 1
of information to my company wherein I am both a dealer, a customer and
MINUTES - REGUL~-R COUNC~ MEETING
CITY OF i$OYNTON BEACH, PLA.
MAY 15, 1975
a stockholder in an effort to interfere with my business operation. I ha%
not seen a reply that my company returned to you as a City -- the gist of
it is you were told to mind your own husiness~ that I had every right
to say what I had to say in open forum at a public meeting, which is
freedom of speech that we recognize as our inalienable right within
this country ~nd any effort to abridge that freedom of speech certainly
doesn~t speak well of those who try to do it. One thing more -- there
was quite an issue made a~out my personal activities some time ago and
I was ordemmd by this Council to cease and desist under certain p~o-
visions of distributing memorandums, letters or infoztnation within
the City. At that time I had already been advised that the reason the
Civic League had not been prosecuted _~or election law violations was
that this ordin~.ce was unconstitutional. They were developing that.
This same o~dinance whereby you were not willing to p~oceed with elec-
tion law violations, you attempt to stop me. You now have in your
possession a letter from our State Attorney stating exactly what I said
now. I believe the r6mark was made today that it only applied to politi-
cal material. To clarify so that everyone understands what f~eedom
of speech means, whatever restmaint is being made to restrict it, I
shall read a direct quote f~om this letter. Mr. McLean then quoted
the State Attorney* s letter, addressed to the City Manager. Mr. McLean
said he felt it was clearly stated there that any resident or buSiness-
man of this City cannot be.res~iqted from passing out handbills to
anyone under our constitut~ona~l rights of free ~speech. One thing
re. ore -- I might remind YL~. Zob~l that we might have a lot more wells
mn this City if money was spe~t ~or that instead of spendinq money
for attorney fees defending indefensible lawsuits. Applause.
Mayor Jackson asked if there was anyone else who wished to speak
before public audience.
Mr. David Peach, 116 Ocean Drive, said he would like to talk on 7-A.
After asking if there was anyone else wishing to speak under public
audience, Mayor Jackson introduced the next item on the agenda.
BIDS
Alterations to Median Strip on U.S.
Mayor Jackson asked Mr. Kohl to speak and Mr. Kohl said that there
has been quite a problem getting bids for alterations of median strips
to the entrances to Sterling Village and Hampshire Gardens. i~d like
your approval and I recommend that we negotiate with one o~ two firms
to get this done within the estimated cost of $8~000 each.
Mr. belong moved to accept the recommendation of the City Manager.
Mm. Wallace seconded the motion. Mayor Jackson asked if there was any
discussion. Motion carried 5-0.
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MIhWdTES - REGULAR COUNCIL MEETING
CITY OP BOYNTON BEACH~ FLA.
MAY 15, 1975
Two (2) Standby Emergency Power Systems
Mr. Kohl recommended that we buy the LPG Gas Engine from Graybar
Electric Company for a low bid of $4,425.00 each. There are two of
them -- one for the fire station and one for the sewer plant. Mr.
Mr. Wallace moved to accept the City Manager: s recommendation and Mr.
DeLong seconded the motion. Mayor Jackson asked if there was any
discussion.
Mr. DeLong stated that we had adopted a policy of recommendations
and he failed to see recommendations on the t~o bids that have been
submitted tonight. There has generally been a memo that accompanied
these bids with a recommendation one way or the other, adoption or
rejection, and I don~t see them here this evening. It is probably
due to an oversight.
Mayor Jackson asked if this was because Mr. Sullivan was on vacation
and Mr. Kohl said yes~ that was the reason.
Mr. Wallace said maybe you can clari~y by answering the following
question: I know that the fire chief was very instrumental insofar
as looking into these things and does this not follow the recommendation
that he brought to you and in working with all this, it does meet all
specifications?
Mr. Kohl said yes, his name is on the sheet.
Mr. DeLong asked if it was possible to have those written recommendations
forthcominq. We can act on it and then have the written recommendations
for the record. Council members had some discussion befor~ agreeing
on this.
~yor Jackson asked for any further discussion. Motion carried 5-0.
Repainting the Exterior of the Water Treatment Plant
Mr. Kohl recommended the low bid of $4,000 from Tom Gustavson, Inc.,
signed by Harold Hopkins, Public Works Superintendent. Mr. DeLong
moved to accept the recommendation as presented by the City Manager,
seconded by Mr. Marmening. Mayor Jackson asked if there ~as any
discussion. Motion carried 5-0.
PUBLIC HEARING
~yor Jackson announced there was no public hearing.
LEGAL
Ordinances - 2nd R~ading
Mayor Jackson asked ~m. S/mon to administer the 2nd reading under
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MINUTES - RE~dLAR COUNCIL FLEETING
CITY OF BOYNTON BEACH, FLA.
MAY 15, 1975
Ordinances.
Mr. Simon read No. 73-15 -- on second reading, by caption only: An
Ordinance of the City of Boynton Beach, Florida, Providing for the
Expenditure of 10% of all Revenue Sharing Funds R~ceived lkuder the
State and Local Fiscal Assistance Act of 1972 for Ordinary and Necessary
Maintenance and Operating Expenses for Social Services for the Poor
and Aged, etc.
Mr. Harmening moved for the adoption of Ordins~nce ~Y3-15 on the second
reading and Mr. DeLong seconded the motion. Mayor Jackson asked for
any discussion and the motion carried 5-0.
Ordinances - 1st Reading
Proposed Ordinance - Amending Pension Ordinance
Mayor Jackson asked if Mr. Simon had the first ~eading ready.
Mr. Simon read No. 73-16: An Ordinance of the City of Boynton Beach,
Fla., Amending Section 2t-31 of the Codified Ordinances of Said City
by Ppoviding for the Participation of New ~%ployees in the Employees
Pension Plan Without Completion of P~obationary Period, etc.
Mayor Jackson askedMr. Simon for clarification as to the number of
the ordinance and he said if was No. 73-16.
Mr. Nmrmening moved for the adoption of Ordinance 73-16 on the first
reading, seconded by Mr. DeLong. Mayor Jackson asked if there was
any discussion and went on to say that what has been happening is that
we aren't giving our employees any protection until after their pro-
bationary period is over. This way ~hey will have protection from
their very first day. She then asked if there was any other discussion.
Motion carried 5-0.
Proposed Ordinance - Levying Assessment re Paving a Portion of S.Eo
~6t-~-~enue
Mayor Jackson asked that Mr. Skinner wait to speak until after the
proposed ordinance has been read and then before making a motion, the
Council will have Mr. Skinner speak regarding this ordinance.
Mr. Simon began the first reading of No. 73-17: An Ordinance of the
City of Boynton Beach, Pla., Levying Special ~ssessments against
Property Benefited by a Certain Street /mprovement Project, etc.
Mayor Jackson asked Mr. Skinner if he would like to speak before the
voting.
Mr. Skinner asked ~_ before speaking, he could be told what the per
fcotassessment value of the land was and Mayor Jackson said yes, and
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MINI1TES - REGULAR COHNCIL MEETING
CIT? OF BOYNTON BEACH, FLA.
MAY 15~ 1973
to come forward. Mm. Simon said theme was a schedule attached to
the ordinance. Mayor Jackson said she asked to have it read so that
it would be understood.
Mm. Skinner began by saying that theme ce~air~ly were very strong
objections to the road being placed there by the residents and
p~operty owners in the area. There was a petition that had a majority,
if not 100% signing it. Mr. -Skinner said that it was supposed to
be an improvement and something that enhanced the property value,
however, in the case of his property which runs ~e full length of
it, from Seaerest back, there! s no improvement at all. He went on
to explain how the access to his prop~ty has not been improved and
how the p~operty value, in his opinion went down. He said he now has
the lowest piece of property in the entire area of the hospital. His
particular piece of property was the first developed piece in the
area, standing there before the hospit~l was built~ etc. and Seac~est
at that particular time was at the level of his property~ and. the~e
was no o~oblem with drainage. He invited everyone to view hms property
after a-rainstorm, indicating that this evening following the storm,
his front yard was totally under water, draining t~e parking lots
of t~he hospital~ doctor's office, etc. Mr. Skinner said that the
City Engineer had been approached several times prior to reaching
this point as the residents were initially fearful of what was going
on when they could see the level of the street behind them coming out
to Seacrest and it wasn~ t necessary to be an engineer to see the
discrepancy between the streets. The City Enginee~ came out and
assumed the residents that this street was going to be at th~ same
level as their property. Mr. Skinner then passed some photos to the
Council showing that the street is not at the same level of the
property -- there's approximately an 18 inch difference. M~. Skinner
said that they have been told that Seacrest is a county road and that
the city was not the place to bring complaints to~ however, he said
that it had been the city who 9ranted every building permit to
aspb~!t that enti~e valley, allowing his property to become the
drainage cesspool for the entire a~e.
Mayor Jackson said she would like to know if ~at was the property
that was originally supposed to end in a euldesac and Mm. Skinner
said yes. Mayor Jackson said she voted against it al! the time and
she understood the problem because she knows the water does come
~unning down there and that it does e nd in that yard.
Mr. S/cinner went on to say that the petitionems were told by the
City Council at that tirae that the ~oad was needed in case o~ an
accident, so there would be proper ambulance and lime access to
the hospital. Tl~t may be well t-~ue, he said, but that doesn't
mean that he has to pay $~,000 for a ~oad that not only doesn't
improve his property~ but takes away from the value of his property and
he would like to leave it a~ that with the City Co~uncil.
M~dTES - P~GHLAR COUNCIL MEETING
CI-~fOF BOYNTON BEACH, FLA.
Mr. DeLong said that befoz~ going into adoption of this o~dinance and
in view of what this gentleman has said, he would like to turn this
particular item over to the City Manager, who in conjunction %.~th the
'City Engineer, will give us a complete report as to the existing
conditions there and the detriment that this particular road is going
to cause to this gentleman's property and he made that in the form of
a motion -- to table this until receipt of this information. Mr.
Wallace seconded the motion.
P~yor Jackson said to~V~. Kohl that in doing this, if he would go
through the minutes of last year, he would find that this has been
discussed previously. ~ne asked if there was any discussion. Motion
carried 5-0.
P~oposed Ordinance - Rules of Government
Mrs. Jackson introduced the next item on the agenda and Mr. Simon
began the first reading of the Ordinance of the City of Boynton Beach,
Plorids, Providing for the Maintenanee of Order and Decorum at City
Couneil m~etings, etc.
Mr. DeLong asked for clarification of the number of the ordinance.
~-~en he was advised that it was No. 75-18, there was some discussion
between Mayor Jackson and Mr. Simon to make it No. 7~-17 until the
preceding ordinance comes back for reading.
Mr. Roberts said he~d like to ask a question regarding this ordinance.
~ere was some talk -- we had an opinion given about passing out
handbills. He said what he was concerned with is the City Hall,
which is used to conduct City business, being opened up for
residents with permission to hand out handbills in the City Council
chambers. It's a question of getting trash all over the place -- in
more ways than one -- and Mr. Roberts felt this is proper to include
either through an ordinance or find out the rules in regard to using
the City Hall chambers for anything other than City business.
Mr. Simon said that whatever does not appear in this particular
ordinance here may be covered in other parts of the Code. This
particular provision deals with the decorum and behavior, tf the
passing out of handbills'is done in such manner as to be disruptive ,
then Mw. Simon believed it comes within tine scope of this ordinance,
but this is more directed towards vef0~l abuse or any misbehavior in a
demonstrative way other than handbills.
Mayor Jackson said you've heard the reading of Ordinance 75-17, and
Mr. McLean asked ~rom the audience if that was open for discussion
that he would like to speak.
Mr. Harmening moved for the adoption of ordinance 75-17 on first
reading, seconded by Mr. DeLong.
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MIN~dTES - REGULAR COUNCIL MEETING
CITY OF BOYNTON BEACH: FLA.
FL~Y 15, 1975
Mm. McLean came up to the microphone, saying he asked to speak before
the voting began ... under Roberts Rules of Order ...
Mayor Jackson said this was for the Council --- the Roberts Rules of
Order applies to the Council.
Mr. McLean said it also applies to your procedure up here and I re-
quested to speak on this before any motion was made. Mayor Jackson said
there is a mot~ion on the floor and Mr. McLean said he asked to speak
first, asking if the Council was going to refuse him the right to speak.
Mayor Jackson said he had a chance during Public Audience. ~. McLean
said his freedom of speech by constitutional right was being abridged
and he hoped the newspapers picked that up.
Mr. Harmening moved to the question and as the voting began, Mr.
Wallace said to wait just a minute. He wanted to raise an objection.
We cannot call for the question without a discussion upon the question.
}~yor Jackson said she asked for a discussion.
Mr. Wallace said she did not come forth as far as asking for a dis-
cussion on the question; basically the reason for asking for discussion
on the question, I can agree to some essence as to what was stated as
far as was here. I can also recall about four years ago when there
was quite a number of people that came up here as far as the audience
and felt that it was their ir~erent right -- and I guess it is, under
the ~ules and regulations as far as the Hnited States of America is
concerned -- to express their personal opinions and so forth as to
what happened. To my knowledge~ there has never really been anyone
who .has overstepped the bounds of propriety, although there were two
or three times i as an individual have been scorched up here, but I
took that into consideration when I ran for public office. The reason
I am ~aising this objection at this particular time -- I i~tended to
bring it up at another meeting -- previously · had asked Mr. Simon~
as far as the attorney -- you will recall at the last meeting after I
had specifically made a v~itten reo~est to have items placed on the
agenda ... Mr. Wallace then read his request to place on the May 1st
agenda the discussion of Palmland Development Corperation, under New
Business and Old Business. My question at that particular time -- and
you may relate it to the parliamentarian as far as the attorney to
come with a rule at a later date, but the way that I read Roberts t~!es
of Order, of which the last time that I was an individual Council
member, tb~t I felt was restrictive up here -- that I felt that the
idea of a reconsideration of a motion, i~ is made basically to undo
a problem or an error that was raised in that particular meetLug.
If on the other hand~ that it comes up at another meeting, it also
states to my interpretation, that I read in Roberts Rules of Order
renewal of a motion. It may be introduced again at any further session
MINUTES - REGULAR COUNCIL M~ETiNG
CITY OF BOYNTON BEACH~ FLA.
~31¥ 15~ 1973
As an individual, I did not intend to make a big to-do as far as this
partieu!ar thing was concerned~ but as an individual, I can only look
at it in one way -- that I think that as an elected member of this
Council, I think that basically I was censored through a misinterpretatio~
of the Chair. If I am wrong with that and if Mr. Simon comes back at
a later date %with an interpretation, then I will apologize to the Chair.
But I think you can go too far. After you once get an ordinance or
a law on the books, it's too easily r~isconstrued. In other words~
he asked the Council if they could recall ~,3here anyone has ever come
to blows up here -- though sometimes the point is stretched. But when
we have to pass what I feel is a restrictive type of ordinance, inasmuch
it is open to the public -- that's what it is. It is a public meeting.
%',?e have laid down some rules and regulations which we have asked the
people to abide by, but do we really need this stronq an Ordinance
of this type at this particular time?
Mayor Jackson said she believed this is what was going to be voted
on at this time and apologized for not 5ringing the matter up for
discussion before the Council .
Mr. Roberts asked Mr. Wallace to clarify if it was up for discussion
now and Mr. Wallace said yes: as far as he was concerned.
Mr. McLean said f-~om the audience that the people want to discuss this
and Mayor Jackson said the Council is discussing it now. ~. McLean
said he would like to have the priv!ege also as a resident of this
city.
Mayor Jackson asked the Council if they wished to have Mr. McLean
speak and Mr. DeLonq said he felt there should be some decision insofar
as the public being permitted to discuss a motion when it has been
seconded and is open for discussion. He said his understanding as
long as he ever sat on any government body was that when these motions
c~%e before the Council for discussion~ it was limited to those members
of the governing body and not to the ~udience. Mr. DeLong Asked for
some clarification.
Mayor Jackson said she would like to have the feelings of the members
of Couneit as to whether they would like to have Mr. McLean speak now.
Mr. DeLong asked if he could finish his statement. He said he would
like to have the City Attorney, Mr. Simon, Dive some guidance on
this; do a little ~esearch and study and then come back and tell us
whether or now he (Mr. DeLong) has labored under the wrong illusion.
Piayor Jackson said she:d like that too, but felt this matter should
be decided ~ight now.
Mr. Roberts said his interpretation of the rules although he did not
profess to be a parliamentarian as the attorney was to act as such --
Whena motion was made and seconded, the discussionwas confined to
the governingbody and not to the audience. If they wished to speak
12
MINUTES - REGULAR COUNCIL MEETING
CITY OF BOYNTON BE~CH, FLA.
MAY 15~ 1973
on some particular portion which was public and left on the table: they
may indicate it. I have revie,~ed the ordinance of West Palm Beach in
that respect and I find nothing wrong with the ordinance as proposed.
I find nothing wrong~ from a personal standpoint: in cutting off a lot
of debate in the audience because the discussion should be limited in thi
particular instance to the City Council
Mayor Jackson said to Mr. Roberts -- in other words, you would want to
limit this to the Council. Would you, Mr. Wallace?
Mr. Wallace answered that again, specifically as far as the rules, when
we first set up at the beginning of this year~ this was a specific
statement that was made from the Chair as the Mayor, stating that
after a motion did once come to the floor, it was supposedly closed
to public audience. I think this is one of the things, though, that has
brought us to the point where we are this evening. I think somewhere
along the line, we~ as individuals, have deviated from the sat pattern
of rules~ but this is what you have set up as your guideline.
Mayor Jackson asked Mr. Simon regarding Roberts Rules of Order, when
we adopted that at the beginning of the year~ that applies to the
Council, is that correct? This is not s town meeting, this is a
council meeting of the five members of the Council.
Mr. Simon answered, that's right, it applies to the operation conduct
of the Council.
Mrs. Jackson asked Mr. DeLong if he would like Mr. O. T. McLean to
speak before the Council on this subject.
Mr. DeLong answered that he was a stickler for p~oeedures and as he
knew Darliamentary procedure, and having sat on many governing bodies,
he knew that the discussion on a motion is only open to members of
that particular governing body.
Mr. McLean interrupted fr~m the audience and Mayor Jackson asked Mr.
Harmening if he had anything to say. He said he didntt believe anything
could be added.
Mayor Jackson said that now there would be a vote on Ordinance 73-17~
RuSes of Government on first reading. Carried 4-1; Mr. Wallace opposed
on the basis of what he stated.
Resolutions
Proposed Resolution - D~ending Civil Service Rules and Regulations
(On the Table)
Mayor Jackson asked Mr. Kohl if he had something on this and he answered
that he would like to leave this on the table.
- 13
MIN-dTES - RE~/LBR COHNCIL MEETING
CITY OF BOYNTON BE[~CH, FLA.
MAY 15, 1975
P~oposed Resolution - Entering into Bgreement on Slur~y Seal with Palm
Mr. Kohl said he would like to delete this item from the agenda. There
was some discussion among Council members regarding taking this item
from the table and then deleting it. Mr. Ha~mening moved that this
item be taken from the table, seconded by Mr. Wallace. Motion carried
5-0.
Mr. Harmening then moved that item C-2, regarding entering into an agree-
ment on slurry seal, be deleted from the agenda which was seconded by
Mr. Wallace. Motion carried 5-0.
Proposed Resolution - Abandonment of Alley DiPace g Besecker Request
Mayor Jackson asked Mr. Simon if he had something on this and Mr. Wallace
asked if this wasn't left the last time to ~dminist~ative as far as
letters and so forth~ has it all been clarified -- before you read that
ordinance?
Mr. Kohl said that Southern Bell was the only one we do not have.
Mr. Harmening moved that this item be tabled. Mr. Wallace seconded
and the motion carried 5-0.
Proposed Resolution - Abandonment of Roadway & Utility Easement~. Boynton
~-~ ~velopment ~eques~--
Mr. Kohl said we have all the data on that and Mayor Jackson asked
Simon if he would a~nounce the number on that item.
Mr. Simon said it would be No. 75-FF. He then read the Resolution of
the City of Boynton Beach, Florida -- Vacating and Abandoning a Certain
RDadway and Utility Easement, etc.
Mayor Jackson asked the Council to vote. ~. Harmening moved for the
adoption of Resolution No. 75-FF and Mr. DeLong seconded. Mayor Jackson
asked if theme was any discussion and Mr. Wallace asked under discussion
if everything was in its p~oper perspective. Mr. Kohl said yes. Motion
carried 5-0.
Proposed Resolution - Re Federal Assistance - Public Law 92-500.
Mayor Jackson asked Mr. Simon if he had that meady. Mr. Kohl said that
rather than the attorney, he would like our consultant, Mr. John K!inck~
to go over this first for Council's edification.
Mmyor Jackson asked if Mm. Klinek was here. Mr. Kohl said he might
not be present as he did state that he would be late.
Mr. W~llace moved that this item be moved down to "Other Business~ at
the end of the agenda and Mr. DeLong seconded. Motion carried 5-0.
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MINTdTES - REGULAR COUNCIL M~ETING
CITY OF BCYNTON BEACH~ FLA.
MAY 15, 1975
OLD BUSINESS
Mr. DeLong pointed out that Item 6-D '~Other~ was skipped over and Mayor
Jackson asked Mr. Simon if there was anything else. Mr. Simon said no.
Mayor Jackson asked if anyone else had any questions for Mr. Simon.
Mr. DeLong said the only other thing he would like to submit at this
time would be instructions to the City ~nager in conjunction with the
Police Traffic Department to see if we can~ t get some truck routes
signified or laid out in the City.
Mayor Jackson said she would like Mr. Simon to tell us for the edifica-
tion of the audience just where we stand in the Piilnor suit.
Mr. DeLong said he made his
Mayor Jackson apologized as
and asked for a second. Mr.
discussion. Carried 5-0.
previous statement in the forth of a motion.
she had thought it was just a suggestion
Roberts seconded the motion~ No further
Mayor Jackson repeated her question to Mr. Simon regarding the Milnor
suit -- and asked if he had been able to get back to the judge yet.
Mr. Simon said no, in fact he had called his office this morning, but
he was tied up and was to call back this afternoon: but they did not
get together. Insofar as working out the final settlement, wh~t remains
to be done is to submit a stipulation in written form to the judge
for incorporation into a final judgment, similar to that which was done
in Charter World. Mr. Davis has been extremely busy in trial on some
very serious cases over the past three weeks and it's been impossible
for him to be able to get with me on this. I understand that het ll be
able to get in touch with me tomorrow.
Mayor Jackson asked this particular question, she said, because the
Planning and Zoning Board has had some matters that they have been
wondering about, whether they should discuss this~ but it, s not ready
for that.
Mr. Simon said it is not ready. The matter has not been resolved yet
in court.
Consider Request of Rinker Materials Corp. (On the Table)
Mayor Jackson~tled Mr. Wilson to the microphone.
Mr. Harmening moved that this item be taken from the table. Mr. Roberts
seconded the motion. Carried 5-0.
Mr. James B. ~ilson, 47 Isle Court~ addressed himself to all members of
Council and the aldienCeo Mr. Wilson said he had hundreds of names here
from the immediate communities surrounding the Rinker areas also su~ound
inq the proposed industrial site on ~nd Avenue -- West Industrial ~enue
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ML~dTES - REGULAR COUNCIL ~ETING
CITY OF ~OYNTON BEACH, FLA.
MAY 15~ 1975
and Industrial Avenue. He then mentioned some of the specific communi-
ties by name~ specifically to the west, not including those to the east
so there are quite a few more names out theme which are coming in all the
time. Mr. Wilson said he had vemy short notice on this, but quite a bit
has been done in just a little over a day. He said he and the people he
has been working with on this have heard some pretty heartrending stories
from the people they have talked to in the imm, ediate vicinity. He said
that since Hughes Grain and Feed which acted as a buffer zone~ is moving
the people will be living a lot closer to the industrial area than they
did previously.
Mayor Jackson asked if she could interrupt Mr. Wilson to ask him to mead
the ~meamb!e to the Petition. Mr. Wilson asked if he could skip that
as he had something more important and he proceeded to read a prepared
statement opposing the relocation of the Pinker Materials Corporation.
Mm, Wilson then gave further details of the feelings of those who
siqned the petit/on.
Mayor Jackson asked Mr. Wilson how many petitions he had, approximately.
He answered that he didn't know exactly -- there were hundreds with many
more coming in.
Mayor Jackson asked Mr. Collier to come up and had him identify himself
for recording purposes.
Mr. Bob Collier, 915 S. Federal Highway, Boynton Beach, President of
the Boynton Beach Chamber of Commerce, said he did not have any petitions
for the relocation of Rinker~s0 He went on to say as he understands it
from the officials at Rinker~s the crux of this problem is that they
are considered heavy industry and they want to move into an industrial
section that is not permitted. Mr. Collier said he has heard the ques-
tion on light industry vs. heavy industry handled about for a number of
years with no mention of medium industry. He asked what criteria was
used to desig~nate this as heavy industry as he felt it should be estab-
lished.
Mayor Jackson said that the weight of the truck is one thing. She said
the county has told her that they can't fix that 2nd Avenue crossing to
lasto They put blacktop on it and they are going to put in a new base
after 1-95 goes through. They told Mayor Jackson that wh~t was breaking
the road cky~n was the Pinker t~ucks.
Mr. Collier asked if he was to understand that the Council's objection
to Pinker~s is that it is designated as heavy industry because of their
heavy trucks.
Mayor Jackson said it wasn't only that and Mr. Collier asked for clarifi-
cation regarding the criteria used.
Mr. P~herts pointed to Mr. Col/ierts mention of the Council's objection
and said he would like to hear the rest of the presentation. Mr. Collier
said he would like to know for his own information as he was in the
real estate business besides being involved with the Chamber of Commerce.
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MINUTES - REGULAR COUNCIL MEETING
CITY OF BOYNTON BEACH, FLA.
MAY 15, 1975
He also had a question regarding the Gulfst-~e~m Lumber Company on 15th in
C-2 zone as to whether it was light industr0y or heavy industry.
Mayor Jackson said that in some cities this (R/nker:s) was considered
M-2 which was heavy industry. The audience applauded. She added that
we don~ t have any M~2 zoning. Mr. Collier said he agTeed with that
but he wanted to know how Rinker~ s was designated as a heavy industry.
How was it documented?
lvt~. Wallace said that the only thing he could state at this particular
time is a question that he brought up up at a previous Council mee~g
stating that in going back through our present ozdinances, etc. all
the information that he could find as far as the City, there is no specif~
definition at this particular point as to s listing of complete things
as to what is heavy industrial and what is light industrial. In reading
through the zoning codes and ordinances, there are certain things that
are listed as far as undesirable ... I did make a request about two weeks
ago when this thing first came up that if we could get this zoning back
to our Planning and Zoning Board, probably we could get some definitions,
but the only thing I can say at this point is that it is each individualt s
interpretation as to what is and ,%~hat is not heavy industry. (Applause)
M~oCollier thanked Mr. Wallace. He said he heard all the petitions and
hoped that we were not becoming a government of written petitions.
Business is not seeking petitions, but is appealing to Council's reason-
ing ability and said that even though this was p~obably making him
unpopular, he must come up and make this appeal. In this last gentlemant s
remarks, he pointed out about being closer, but geographically, the
move of this plant west of the tracks and north of the fertilizer plant
would only be geographically closer to the L~u~el Hill section and this
is a ~0 foot move across the track, putting them appre×imately that
much closer. It will be farther away from all the other areas mentioned.
This can be seen on a mpa.
Mayor Jackson asked if Mr. Collier was through as there were others who
wished to speak and he said that the Chamber of Commerce urges t_he Council
to make a speedy relocation of this plant.
~-~. Thomas O~Boy!e, 1002 S.W. 4th Way, Leisureville, read a prepared
statement concerning h is opposition of the Rinker move. (Applause)
Mayor Jackson then called up the nex~ gentleman, Mr. Vance Senseman, 251
Pine Point D~ive, who said at the last meeting, he presented a petition
signed by 555 people, opposing the development of the fut,/re expansion
of the North Industrial Park. If this were a standard, this would permit
the Rinker Company to locate in thr~s area -- is this right?
Mayor Jackson referred the question to 14m. Kohl and he said that the only
thing he understands is that it is not the North Industrial Park. Mayor
- 17 -
MINHTES - REG~dLAR COUNCIL MEETING
CiTY OF BOYNTON BEACH, FLA.
MAY 15, 1975
Jackson said it is the industrial park right across on 2nd Avenue. Mr.
Kohl said they are sUpposed to move only 150 to 200 feet from ~he last
information he received.
Mr. Harmening said that~ s about 6,000 feet south of the Not'ch Boynton
Beach Industrial Park.
Mr. Senseman continued by saying at the last meeting when this body
denied the petition of the Lehigh Portland Cement Company for reconsidera-
tion, he believed that at that time they went on reco~d as saying that
this would be a precedent. If so, he didn't see where any further dis-
cussion on this is necessary. Also, these same 535 people who signed this
petition a~e very much opposed to the Pinker Company coming in and re-
locating. (Applause)
Mmyor Jackson thanked Mr. Senseman and called Mr. Vastine to the microphon~
Mr. R. B. Vastine: 152 Leisureville Blvd., said he speaks as a private
citizen for several hundred residents of Leisureville who have one
convenient access to N.E. 2nd Avenue off Route 804. He then spoke at
length in regard to motor safety in the area. He pointed this out because
the intersection at Route 804 and Leisurevitle Blvd. is a very hazardous
spot with no t~affic light and there are no plans that he is awa~e of
to widen 804. Pinker has its own private access to 804. He asked whether
the Boynton Beach taxpayers would be liable for the cost of the construc-
tion, repair and maintenance of a new rmad for them. I am pressing a
point of the movement of traffic and the safety factors involved. That is
the main point of this opposition of the Pinker plant~ highlighting the
traffic problem that is involved. Then, as President of the United Boynton
Civic League, Mr. Vastine said the League spoke of the pros and cons of
this problem at their Monday meeting, stating that any industry in the
present zoning ordinance M-i, industrial district: use is permitted.
He then quoted from this ordinance and said regarding this issue, that the
important part of the ordinance concerned the portion stating that
industry cannot cause obnoxious emission of excessive amounts of dust,
dirt, gas odors, noise, etc. Fir. Vastine said it is a question ofI whether
an area is to be upgraded or letting it go back to what it was. (Applause
Mayor Jackson called Mr. Ampole up to s Peak.
Mr. George Ampote, 235 South Blvd., addressed himself to the Council, stat-
ing that he was highly ~perienced in the field of concrete inspection,
design and testing and he elaborated on his backgTound. In his opposition
to Pinker, he described in detail how the process of mixing concrete would
cause the dust to travel for miles, the amount of water that would be used
and the excessive weight of the trucks. (Applause)
Mayor Jackson then called Mr. Davis to the microphone.
lit. Elmer Davis, 7585 High Ridge Road, said that concerning zoning, we dont
think this heavy industry should be considered under M-1. There should
be specific re-zoning to relocate an industry such as this. (Applause)
- 18 -
MINUTES - REGUkAR COIHNCIL t~ETING
CITY OF EO~TON BEACH: FLA.
~i~Y 15~ 1973
Mayor Jackson called Mr. Peach to the microphone.
Mr. David Peach, 116 Ocean D~ive, Lake Boynton Estates, said he's lived
in his home for 8~ years and put up with the 24-hour a day noise the
Rinker plant makes. He asked that since they do have to relocate, they
find a more suitable spot than in the congested area that 1-95 and that
intersection is going to cause° (Applause)
Mayor Jackson said she believed there were some people Dpesent from Rinker
who wanted to talk.
Mr. Jerry Jackson, representing Rinker Materials, ~ose to speak and he
introduced Rosser Etkins, azso of Rinker, who was a Corporate Development
Engineer. He said they were here tonight on behalf of Rinker making a
special request that a permit be issued for Rinker Materials to relocate
from its p~esent site to a ~elocation site directly across the railroad
tracks because 1-95 is forcing them to move. Before beginning, he said
he would like to clearly show where the present site is so that there can
be no question and also show where the proposed relocation site is. He
uhen pointed to a map showing an area l~own as Boynton Industrial Park
and identified the location of their present site, planned future site
and surrounding areas. He pointed to a red line that bisects the property,
explaining that the red line represents the 1-95 right-of-way that is
moving through their present location. He said this was the specific
reason that the Rinker Company was forced to relocate. Me said that con-
trary to some of the information ~hat had been circulating, their proposed
location site is not two miles north ~q the North Boynton Industrial
Park~ but is in fact~ only 200 feet further north. These two pieces of
property are divided by the Seaboard Coastline Railroad and except for thi~
~act, the two pieces of property are actually contiguous and actually
adjacent to one another.
Mr. Jackson then distributed some brochures that were prepared ~or the
members of Council so they could more properly follow the presentation.
Mr. Jackson said the specific reason he was present at the meeting was
thatt~o weeks ago Rinker applied for a permit to relocate their plant
site and were denied this construction permit by the building official
of Boynton Beach. The denial letter was incorporated in the brochure and
was read aloud by Mr. Jackson. He stated that Rinker felt this was an
unfair denial for two main reasons: one that they are not asking to build
a new business but are asking to rebuild and replace their present plant
operation and the other reason is that they are being forced to move by
1-95. The date that has been set for Rinker to leave their p~esent site
is October, 197~.
Tonight in considering this question of whether or not to issue a building
permit for Rinker l~ateriais to relocate its present site, there are two
primary issues which have already been pointed out very clearly by some of
the residents who have spoken against us. These two specific i~sues a~e:
(1) the question of whether or not the M-1 industrial zoning of Boynton
Beach in fact allows a concrete block and ready-mix operation; (2) pollutio
-- the question is whether issue can be phrased if they are allotted to
- 19 -
MINUTES - RE~/LAR COUNCIL MEETING
CITY OF BOYNTON BEACH, FLA.
M%Y 15, 1973
construct and operate under M-1 zoning, whether or not such operation
meets the high standards of the Florida Department of Air and Water
Pollution Control as well as the high standards' of the Federal Environ-
mental Pollution Control Department, When we~ve finished~ the answer
to these questions will clearly be yes.
Regarding zoning, included in the brochure is a copy of the original
certified copy dated _~pril 26, 1975 which specifically is your M-1
industrial zoning. He then quoted from that document: breaking it down
into five major parts, analyzing each section separately. He said that
P~nker met all the zoning requirements outlined in the code~ He then
brought out historical points to further substantiate the fact that
the Boynton Beach M-1 zoning allows a concrete block and ready-miX opera-
tion. '~hen Rinker came to Boynton Beach in 1958, they applied for and
were granted a building permit for a concrete block and ready-mi~ opera-
tion. At that time the City Council specifically undertook to grant
them this peIrait. Mr. Jackson then described the location of the building
site in relation to the rail.r~.ad~ the 2nd Avenue trucking route~ etc. He
said one of the primary consideDAtions in determining ~hether to issue
building permits is the particular use of a_n area, so a permit Was
issued to Rinker at that time and said that this %~as the highest and best
use available for an industrial area~ M~. Jackson said that the a~ea
where they are presently located was zoned in 196~, at which time there
were othe. r industries developed there. He mepeated ag-ain those specifica-
tions which are investigated in zoning an a~ea and said that Rinker felt
that those people who drafted the definition of the zoning in their area~
did so to par~cicu!arly apply to their type of operation. Also in 1962,
P~inker applied for a major addition to their block plant operation and the
permit was issued to Rinker at that time, unde~ M-1 zoning, within the
City of Boynton Beach. In 196.8 the Depa~tme~nt of TransportatioR notified
Rinker that they would be coming through.and Rinker would be forced to
relocate.
Mr. Jackson noted that Rinker admitted that their present plant was a
sub-standard operation for several reasons -- the main one being that the
Department of Transportation asked that no capital expenditures be made on
improvements since the plant was going to be removed, thereby saving the
taxpayers money. Residents and businesses woul~ have to be reimbursed
for the capital expenditure s made in the plant site. Before purchasing
their new proposed location property, they checked to be sure the zoning
was there~ so they could rebuild. Several building and zoning officials
of Boynton Beach were contacted. Mr. Clarence Jones wrote Rinker on
July 1S, 1971 stating that a permit could be issued. Rinker proceeded
to purchase the property.
Mr. Jackson again asked the Council to follow their folder to see the
steps taken in regard to pollution control, in answer to Mr, Vastine~ s
presentation. Rinker has been concerned with this issue for 15 years and
incorporated several techniques suck as the paving of yards an~ the in-
corporation of wash-down systems. In the past 8 months Rinker has pur~
chased 5 sweeper vaccuum cleaners which are the same possibly used on the
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MINUTES - REGULAR COUNCIL MEETING
CITY OF BOYNTON BEACH, PLA.
MAY 15, 1973
Boynton Cit~ streets. With the paving, with the washing out systems
and with the sweeper-cleaners~ our concrete ready-mix operations are vir-
tually as clean i~ not cleaner than many city streets. There are s~ne
other technical pollution control techniques that Mr. Elkins can probably
elaborate on in mome detail, such as dust collectors incorporated with
their cement storage area, soundproofing materials, etc.
In attempting 'to prove that Rinker meets the very high standards of the
State of Plorida and the Federal Environmental Protection Agency, Rinker
was going to present several other building pe~mtits that they have been
issued in other ameas as recent as January: 1973. They also applied for
a construction permit from the Florida .Depamtment of Aim and Water Pollu-
tion Control several weeks ago and thought it ~ould be in time for this
meeting. This was the meason they withdrew fmom the last agenda so that
some of these approvals could be gotten beforehand. Today~ also as
part of the presentation booklet, they received a construction permit
from the State of Flomida Depamtment of Ai~ and Water Pollution Control~
dated May 15, !973~ allowing for construction of a ready-mix concrete
and block pla. nt with a dust collection system. The permit specifically
stated that ~t was to meplace that which was present~ly located at 5~9
N.W. 2nd Avenue~ Boynton Beach, Florida.
Mr. Jackson said he would like to point out that the Florida Department
of Air and %~ter Pollution Control is a direct extension of the Environmen'
Protect~_'on Agency and as such this approval certifies that P<inker not
only meets the high standards of the State, but also the federal agencies.
Mm. Jackson then referred to another portion of the permit, indicating
that theme is virtually no pollution in the new plant which Rip, kef intends
to relocate. Specifically, regarding noise pollution, some of the most
modern noise prevention techniques are incorporated in building Rinker~ s
new block plants. Rinker recently employed the semvices of a professional
sound engineer in the State of Florida, who took some sound readings at
one of rheim newest plants in Daytona. This plant has the most modemn
soundproofing equipment available and is the sane as that which would be
used in Boynton Beach. The ~esults of the engineer~ s testing showed
that the noise level was no higher than the minimum levels of a residentia
area at night -- only 7 or 8 decibals above what the chart (used in the
bmochure) called a soft whispem from 5 feet away. Theme was audible
audience reaction at this point.
Mr. Jackson announced that at this time, Mr. Elkins would like to show
some slides of Rinker operations throughout the State of Florida. In
his slide presentation, Mr. Elkins said that he would endeavor to show
the Council and audience the t~pe of plant that Rinker has been building
for a number of years and which he, as the Industrial Engineer in
building these plants, felt very close to. He then Proceeded to show
several slides, describing the attributes of each plant in detail. He
pointed out that P/rd<em was not proud of thei~ pmesent plant in Boynton
as it was not mepmesentative of the modern stz~ctures they have been
building over the past several years.
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MI~d?ES - REGULAR COUNCIL MEETING
CITY OF BOYNTON BEACH: FLA.
MAY 15, 1975
A lady in the audience .asked Mz. Elkins -- how long does it take to
reconstruct this.r~ew plant and how long will it take to demolish the old
one? ... And don~t tell me a few months~.
~. Elkins said no, wetve already lost a month now and it would take about
a year to ge~ really completed. The lady asked if that ~as what he found
in these newer p/m. ces that weren't Completed yet, indicating one of the
plants %~here t/~e pictures showed that the road in back wash~ t completed.
~. El_kJ_ns explained that the road she spoke of was a highway that hadn~ t
been built and two years later, after R/nker~ s plant was built on faith,
the highway was built in front of their plant. She then asked hbw long
it took to demolish the old plant, Mr. Elkins said that would take just
a few weeks with'a bulldozer. She asked abo~t pollution during t~.e demo-
lit-lon and the new construction, i~, E]kins said that ar~thing wzthin
200 feet of that~ plant ~.. it would not be possible to tell it was being
demolished. No explosives are used. The lady said she disagreed with
his estimate.
Mayor Jackson asked that the lights be turned on and for Mm. Elkins to
proceed with his p~esentation. He lastly showed a slide picturing the
locations of R/nker plants in the State of Floz~ida, concluding his
p~esentation.
Mayor Jackson asked if anyone had any questions they wanted to ask Mr.
Elkins and several people in the audience anSwered yes.
Mr. Ampole said as an experienced man in Cqis field, he wanted to ask
questions -- What is the maximum capacity of Pinker trucks -- how many
cubic ya~dso Mr. Elkins answered that the tmucks were 10 yards. Mr.
Ampote said that 10 yards was ~0,000 lbs. with the concrete in it and aske
if the trucks wouldnr t be inereas ed to 12 yards later on, Mr. Elkins
said he could not answer that, stating that they started out with 2~ yards
years ago and they are now 10 yards. Mr. Ampole then stated that Mr.
Elkins didn~ t show any place for the washout water. Mr. Elkins said they
have a pit in the northeast corner of the yard where they wash out the
t~ucks. It will be self-contained on the area as Mro Jackson pointed out
and the water will not be washed off the area and that will be contained
within the area. Mr. Ampole sa/d he had one more question -- was this
a dry hatching plant or a central mixing plant~? Mr. Elk/ns said this is
a dz~y hatching pl~ut wherein the material is placed on the truck and mixed
on the way to the job.
Mayor Jackson said she would like to have the Council ask some questions
if they had some. Mr. Jackson said he still had a port/on of his
presentation to give, which he felt miqht answer some of the questions.
Mr. Jackson apologized for the length of the presentation and said there
were a couple of other considerations in building a new location= that
RinkerMaterials has to think about. He said they involved draio~ge,
sewer, water service and a matter in regard to a, spum t~ack. In 1971 when
they obtained the L-shaped property referred to earlier, they specifically
- 22 -
MIh~/TES REGULAR COUNCIL ~TING
CITY OF BOYNTON BEACH, FLA.
MAY 15, 1973
went to the Lake Wort~h Drainage District and also the parent organization
wD~eh is the Central and Southern Florida Flood Control and (as shown
as an exhibit in the b~oehure) Rind. er obtained specific approvals for
drainage into the C~16 canal which is also lcnown a.s ~e Boynton Canal.
He said P~inker is approximately 1~700 feet sou~h of the Boynton Canal.
In April of 1973, we updated these approvals a.nd again they?eaffi~ned
as they did in !971~th.at we would have permission to drain ~nto the C-16
or Boynton Canal. Regarding sewer and water fac~ilities, we must assure
ourselves that there are water and sewer facilities and services ~eadily
accessible. In the past .couple of weeks, %~e checked with your City Engine~
Mr. Cla~k, who will confiTM for you that we checked out the sewer and
water and we determined t/nat there ~as a sewer line from 2pi Avenue.to
the property line of our proposed L-shaped ~eloeation site. As a coinci-
dence, there happens to be a lift s%a~tion to ~he sea;er line directly on ouz
property so we have sewer faei~lities really accessib%e. Also~ regaz~ing
the water, there is a 6~' water !ine.:f~Om 2r~ Avenue to the edge of our
property. We kn~ that these facilities a~e readily aceess~ible.
Aqain~ in the brochure, there is a statement from the Seaboard Coastline
Railroad, which states that there are two alternative spur tracks that
could be used on the new site location. ~p to this point, we talked a~out
two primary issues -- the M-1 industrial ZOning w~aich is the only indus-
trail zoning in Boynton Beach. We have shown that the M-1 zoning speci-
fically allows a concrete block and ready-mix operation. Regarding the
pollution question, it was shown that Pinker has .a permit for the require-
ment of the Florida Air and Water Pollution Control which is an extension
of the Environmen~a! Protection Agency, indicating that Pinker meets the
very high standards of the County, State and Federal Pollution Control
Departments. There is still one other issue wl~eh might he considered the
most serious issue to consider regarding the issuance of this permit.
This is in regard to the effect on the Boynton Beach economy if Pinker is
denied a pemit to relocate the present plant site which is being ~aken
by i-95. The present plant site employs 30-35 individuals which varies
depending on the season with a combined total of wages and salary of over
$~ million per year. The taxes that P~nker pays should also he considered
as well as a balanced economy. No city can exist exclusively on industr~,
nor commercial property, nor residential property. It is important that
a city have a balance of all these properties. M~ Jackson also pointed
out that Pinker serves n~ny contractors and builders in this area.
Mr. Jackson pointed out again that there has already been a delay in try-
ing to re!oeate and every month there is a delay~ the more costly it %~ill
be on the construction industry. There was some audience reaction and
Mr. Jackson said that these were the people who would be effected as a
result of higher costs to contractors and builders who might be hu~by
this delay.
In conclusion~ M~. Jackson said he would like to leave a few points that
would show that Pinker Materials should be issued a per,air to relocate
its present plant site -- the fact that they are not asking to build a
new business: but to relocate a business that has been a vital part in
- 23 -
MINUTES - REGHLAR COUNCIL ~ETING
CITY OF BOYNTON BEACH~ FLA.
M~IY 15, 1973
in the Boynton Beach economy and also in building Boynton Beaeh$ also
the fact that they are being forced to move by 1-95, otherwise they would
stay where they are and improve theiz~ present faeility~ fiDmlly the area
that is being discussed -- 2nd Avenue is one of the best trucking avenues
for Boynton Beach. It leads to Congress Avenue, Military l~ait and
Dixie ol~ Federal Highways also the fact that it was verified that Rinker
will have water, sewer and the approval of the ultimate and the authori-
ties that have the final say-so that Rinker can dmain into the C-i6
Boynton Canal. Therefore, Pinker respectfully requests that the Building
official be directed to issue a pelwnit in accord with ~he Boynton Beach
Code o~ City Omdinanees.
Mayor Jackson addressed the Council and said that they have heard the
pros and the cons and she asked for their decision.
Someone from the audience asked if there could be a quick rebuttal and if
some questions could be asked which could be quickly answered.
Mayor Jackson said it is now up tho the Council and Mr. Roberts said he
would like to ask a couple of questions. Someone else from the audience
spoke out and ~myor Jackson reiterated that this matter should be left
up to the Council as there was still a long agenda ahead.
Mr. Roberts asked what the time of operation for the plant was -- 24 hours
or what. Mr. Elkins said that the block plant begins operation at 6:00
A.M. and stops at 10:00 P.M. and said he might add that this particular
block plant is noisy but the new block plant will not be heard and he
asked if that was clea~. Mm. Roberts said yes, he just wanted the hours
of operation.
Mayor Jackson asked why she got calls after that time complaining about
the noise and someone shouted from the audienee that it was railroad
switching.
~i~. Roberts asked if anyone on the Council had any knowledge of what
happened to Hughes Grain. ~ayor Jackson said they are moving to Tampa,
Florida.
Mayor Jackson asked if anyone else in the Co~ncil had anything to say and
M~. P~berts said he would like to ask another question. Mm. Roberts
asked what the~eight of the hoppers or silos was in fact all the con-
struction and Mr. Elkins said the silos were 45 feet high.
Mayor Jackson asked about the hoppers and Mr. Elkins said they were
about 65 feet high.
Mr. DeLong asked if it was a portable hopper. Mr. Elkins said no, it
was a permanent hopper. It is much more efficient than ones of the
lower type.
i~. DeLong asked if they do hav.e portables and M~. Elkins said this plant
~iT~NUTES - P~EGUL~R COUNCIL MEETING
CITY OF- BOYNTON BEACH~ FtW%.
~@~Y 157 1973
could be. adapted to a low profile plant but it was prefemabte to use the
highem plant because it was more e~ficient: but if necessary~ it can be
lowe~d. ~. Roberts said theme was a height restriction of 45 feet and
he asked if they could operate at that height.
Mr. DeLong wen~ back to his question about the pomtables stating that
there are portables put out by cc.mDanies such as Hagen and others.
Mr. Elkins agreed, stating that this would be a pez~nanent plant rather
than a pomtable.
Mayor Jadkean asked Mr. P~berts if that answemed his question and he
said he had one .mope ... that -these are things we should be aware of.
On that State of P!omida Department o~ Air and Water Pollution, I see
the per.mit was issued until July 1~ 1974 ~- is that nommal procedure re-
garding the date?
M~. Elkins answered, saying the reason ~om that date is that this is a con
struetion Der.mit based on P~inker~ s plans. ~t t~hat time there is an
actual physical test that P~iDl<er goes through over a period of about 6
.months. At the end of that time~ RirJ<er has ~o co.mply with these tests.
That:s why that per.mit~ which is a construction pemmit~ at that time,
P~inker is then issued an operating permit.
Mayor Jackson asked ~. Roberts if that was alt and he said for the
time being. Mayor Jackson ~urned the floor over to Mr.
In pointing to the .map~ Mr. Wallace asked if this was where it was
stated that 1-95 enters the property, Mr. Elkins said yes, that is the
eonstmuction line on the west of 1-95. Mr. ~'~!tace pointed to another
area and said if P~er~s property ended there: 1-95 would not touch it.
Mr. Etkins agreed~ stating that ~i~ier~s could still operate if they
had that .much land. ~. ?kllace thanked hi.m~ saying that he just answered
his question.
~ man in the audience asked if he could a~< five quick questians and
Mayor Jackson asked the Council if they wanted any more questions fz~m
the audience.
Mm. %'~allace said not unless everyone else is going to be allowed to have
an opportunity. Mayor Jackson asked Mm. Harmening if he had any questions
and he said no. Mr. DeLong said he had none as did ~i~. Roberts and Mr.
?~llace.
Mayor Jackson called for a .motion. Mr. Harmening .moved to issue Pdnker tl
building permit and F~. ~llace seconded it for a matter of discussion
only. Mayom Jackson asked for discussion and Mr. ?~llace said there
~.~ere sevemal facts that tile mem~ems of the Council should take a look at.
~Te question that was just answemed which i had just asked -- this
present concern could continue to be a block mar~facturing plant wheme
it is without any change at all. In other wo~is~ they could stay where
they amc and he asked Mr. E~<ins if this was what he just stated.
MIM]TES - RE~dLAR COUNCIL ~ETING
CZ~f OF BO~TON BEACH, FLA.
MAY 15, 1973
E!kins said nos the part ot the east and south of that line is the ramp
coming up into 1-95. He said he thought Mr. ~llace~s question was if
they should leave that: if we could have it.
Mr. Wallace went over to the map and clarified his question and he and
Pk. Elkins had a discussion regarding the property boundaries.
Mayor Jackson asked if ~here was any further discussion and ~ir. Wallace
said yes, he had a question that he would refer to the attorney. ~nder
the basis of the information that was presented here this evening as to th~
con~nitments that the City has made at this particular time to this de-
veloper, inasmuch as what they are asking ~asicatly is to move from the
same type of zoning, M-1 zoning, under our present codes and ordinanees
to move to the same type of zoning. Is this what they are asking?
Mr. Simon said yes, this was his understa~nding.
Mr. Wallace said it comes down to the same bug-a-boo. We went through
the process with 5 developers as far as 25 ~o 45 up/ts per acre coming
in because they had specific amounts of money, etc. and commitments had
already been ~iven to the City. Mr. Wallace said he would be hollering
as loud or louder than some of the people who came up here this evening,
but under these various commitments that have been stated at this particu-
/ar time, would you care to ask the attorney what the City's chances
would be in court?
Mr. Harmening said he thinks he already knows.
Mr. Wallace said that basically, that is where it will wind up because
we're talking about the ssme type of zoning. We~ve had no change in
definition in zoning within the framework of the City. Whether I agree
of disagree, I am saying that there is no change in our zoning codes and
ordinanees as far as definitions. As long as we do not have those and
you go to cou~t and you have a devloper that wants to move from
zoning to another M-1 zoning ...
Mr. Simon said he did~tknow -- he thinks they're there as a non-conformin~
use, but he wasn't sure.
Mr. DeLonq said if it:s a non-conforming use, then it was more or less
classified as a grandfather. Then, when you move~ you're out.
~. Simon said that was only a part of the question, though. Mr. Wallace
said this gets down to ~he nitty-gritty of it. Coming to the point
as far as grandfathering, this has happened before in various areas
within the City of where things, we'll say in the zoning ordinance, are
changed because they were here at that particular time or something that
was there, it was a grandfather. ~nder this specific instance because
of being moved from one area to another, it will not fit under a grand-
father clause.
- 26 -
MI~fdTES - REgdLAR COUNCIL MEETING
CITY OF BOYNTON BEACH: FLA.
MAY 15~ 1975
Fir. Simon said no: it would like to be on an equitable basis, but he
thought on a strictly legal basis, we canP~t look at what it is as a
grandfather. It~ s a ~n-eonfozmYing use and what is contemplated here
is an absolute change -- a brand new development which would not comply
with non-conforming allowances. He asked Mr. Barrett if that wasn't
true with his understanding of the plans -- is this a non-conform/ng?
Mr. Barrett said this was exactly the reason he denied the permit because
he had no definite clarification and he was asking the Council to decide
this tonight -- whether or not this was a non-conforming use.
Mr. DeLong said he would like to have the minutes reflect his remarks.
He said -- I believe a test case will be necessary in order to ascertain
that the people of a eity have the right to determine what type of
industry they consider suitable and permissible to locate ... (applause).
Mmyor Jackson asked the audience to let Mr. DeLong finish his statement
wt~ich he did ... and perm/ssible to locate within the confines of their
city. Our zoning code permits M-1 zoning classified as light industry.
I will admit there is plenty to be desired in the provisions of our
outdated code. A perm/t was denied to lehigh Cement due to the assump-
tion on the part of the entire Council that Lehigh was in the heavy
industry classification, although Lehigh is solely a hatching plant,
while the P~nker operation is a combip~tion of hatching and cement block
plant. Regardless of our action here this evening, we are still going
to court; the court will ~ave to decide what our present code means by
light industry. If it's g~anted to R/nker tonight, Lehigh has a case.
If it's not granted to P~nker tonight, the both of them have a case,
so we're going to go to court anyhow. Let the court decide..
Mayor Jackson asked if there was any further discussion. Mm. Roberts
said he would like to add by saying that it's pretty difficult for the
Council to come to this type of a decision. I am sure that most people
that are not too concerned are the people that don't live anywhere near
it, or live in pretty good houses and some don~t even live in Boynton.
Going back to the permit in 1962, I think that many changes have taken
place, the population has increased some~70%; the company has plants up
and down the coast. I don't think it's a hardship. There were no
commitments made by the eity. The letter from Mr. Jones said that it
could be issued -- as far as the plant, there was no further discussion.
It's a cuestrlon here of determining whether we should go along with the
Rinker Company and accept their request or to consider the overall picture
I don't believe that the cost will be increased as far as building is
concerned. Perhaps that will take the normal course because everything
else is continually going up. My conoern is~ as it was pointed out in
the ordinance that it is permissible under M-1 providing that no use is
obnoxious because of the emission of excessive amounts of dust, dirt and
soforth. In this case, there were many people involved as compared to
possibly a handfull and I don~t think the economy will be effected
since I'm sure it will possibly be replaced with other industies which
are coming in the City at a rapid ~ate. I th/nk our economy is pretty
stabl% as far as the increase is concerned -- you'll find that's inereasi~
too.
- 27 -
MINWdTES - P~EG~LAR COUNCIL MEETING
CITY OF BOYNTON BEACH~ FLA.
MAY 15, 1973
As I say, it~ s a hard decision to make but I go along 9~th the g~eatest
number of people effected and vote against it. (Applause)
Mayor Jackson asked for any other discussion. Mr. Ha~mening said he
had one brief statement. From time to time many people have said to
this Council that we rather promiscuously and lightly engage in non-
w'innabte lawsuits and I dong t feel that I would every be interested
in engaging in one that was not winnable: or at least where there was
not a reasonably good chance of winning and in this particular matter,
! don~t see that i~ these people do decide to go to court~ the City
has a prayer. Therefore, I will definitely sustain issuance of the
permit.
Roberts said I don* t feel I want to debate with Mr. Ha~mening, but
don*t thir~i we should decide an issue on whether or not we go to court.
Mayor Jackson said all cities go to court all the time. Mr. Roberts
said that is not the issue.
Mr. Wallace said that one other thing -- as far as seconding it for
the matter of discussion and on the basis of what M~. Simon stated, he
would call for the question.
Mayor Jackson said that it, s been moved and seconded that we grant the
request of P~inker Fmterials and give them a building permit. We will
have a ~oll call vote which has been asked for: M~. Roberts - Nay~
Mr. Wallace - Nay~ Mr. Harmening - Aye~ Mr. DeLong -- I will qualify my
vote by saying I wish to be consistent and at the same time respec~ the
desires of the petitioners and I vote no~ Mayor Jackson -- no.
(Applause) Motion denied 1-4~ Mr. Harmening in favor and alt others
against.
Mayor Jackson said she wanted to call a recess, but there was one gentle-
man in the front ~ow who was going to speak on one item and she ~equested
that after the recess: the meeting jump down to Item 8-B on the agenda.
Mayor Jackson called a recess at 10:59 P.M.
Mayor Jackson called the meeting to order at 10:~7 P.M. and asked
everyone to sit down. She said we would move down to Item 8-B since
there was a gentleman in the audience, Col. Cliff Eppinger~ who would
]J. ke to speak. Hers ~he County Bi-Centenniel Chairman.
NEW BHSINESS
Discuss Name for Park on H. S. ~1
Col. Eppinger addressed himself ~o the Council and audience and said he
would t~0y to be brief. He said he accepted the appointment as Chaimman
of the Palm Beach County ~-i-Centenniel Commission and this commission is
all over the state. Each county is privileged to have a bi-centenniel
28-
M!~iTES - REGELAR COUNCIL MEETING
CITY OF BOYNTON BEACH, FLB.
MAY 15, 1975
commission. The whole purpose of the exercise is to make a benefieial~
lasting improvement in our way of life~ some capital improvement or
some tangible achievement which will leave a mark for the future which
will promote the general health, welfare and safety of our people and
be an improvement that we can be proud of. This is in lieu of the
alternative which would be to have a big 4th of July type picnic or
that kind of frivolous thing on the 200th anniversary of the founding
of our nation. Col. Eppinger cited the activities of several large
cities and what they have done to mark this date. He said that within
our own county he was in the process of fozlning a steering committee
of prominent and dedicated c~tizens to try and get together to promote
certain projects which will be for the general betterment of all cities
within our county. In your own area, I understand you've been very
active with your purchase of the bell and tonight on the agenda, there
is an item about a park. The Boynton and Del~ay Beach area is deficient
in parks and Col. Eppinger con, handed t~e City for choosinga park as
a neede, d~ social benefit.and one which zf it can b? accom.p.lis~ed ~ithin
the 9uldelines and provisions that the Bi-centennial Comm%ssion %s pro-
moting, would be a very proper a~d a very well needed project. Col.
Eppinger said he would like to a~swer any questions regarding the Bi-
centennial Commission in the county or anything else about parks. He
said he would be ecl!lng for help lin the future when the Bi-Centenniel
Commission's program gets unde~ way,
Mayor Jackson thanked Col. Eppinger and aaid she would like to add that
in reading the Congressional Record, all the way through they are urging
all the counties and cities and states to have a bi-centenniel park and
she said she was glad the Colonel was working on this. Mayor Jackson
said to discuss the name of the park for U.S. 1 and asked if anyone
had any suggestions.
Mr. Roberts said he thought ~Bi-Centenniel Park" would be a good name for
the park, except that it's a long word. M~yor Jackson said that's okay,
it would be putting Boynton Beach in the category of wanting to celebrate
1976 along with the rest of the country.
Mr. Roberts said that perhaps several suggestions could be submitted and
he moved to table this item at this time; seconded by Mr. Wallace.
Mayor Jackson asked if there was any discussion. Carried 5-0.
OLD B~SINESS (Conrad)
Mayor Jackson said that Mr. Klinck had something to discuss regarding
Item B under ~Old Business" and Mr. Klinck said he had several items~
one which was already passed -- Hnder C-5, Resolutions, Re: Federal
Dssistance Public Law 92-500. Mayor Jackson said that item was tabled
until Mr. }Clinck was present and he asked if he should cover it now.
LEGAL (Cont' d)
_Proposed Resolution - Re: Federal Assistance Public Law 92-500
- 29 -
MINUTES - REGTdLAR COUNCIL MEETING
CITY OF BOYNTON BEACH~ FLA.
MAY 15, 1973
Mr. Klinck said those of us who have been referring to PL 660 have to
change our te~irology -- it's now 92-500. This is the public law
which sets up federal grants for waste water disposal. On ~pril 50th,
1975 the State of Florida Department of Pollution Control mailed a
letter to all municipal and county governments and other parties
interested in the participation in the PL 92-500 sewerage construction
grants and the State Pollution Control Bond P~og~am, indicating that
the deadline for submittal of applications for next year~s funding
p~og-ram was May 15th -- today. This required immediate t-~emendous load
on consulting engineers involved in various p~og~-~ns of this type in
different cities such as Boynton Beach. In response to that, our office
put together a five-page applicationwith some supporting documents
to get the pre!imina~y submittal in under the deadline date. In the
case of City Hall,on the 7th of this month these fo~ms were made out and
needed a signature in a hu~y, They have been signed by the City Manager
and mailed mn to EPA in support of lnzt_al mn~ormatmon re~ardmng .
eventual waste water disposal program, amountir~ ~o $14,84t, 66~ with a
request for an EPA grant of $t1:1~1~245 for the Ci.t~. of BOy,ton Beach.
This doesn't mean you have it. The ir~tialap~atmonwas made to get
you in line. This is ve~7 p~elimgnaryo A grant for that under the 75%
participation has been applied for in the amount of $11~15t.2~5. ! have
copies of the app!icatio~, transmittal letter{ under which we sent it
in, in the City's behalf ~nd in order to get {t go~ng~ we had to have
a signature.
The City Manager signed it beoause of the short time involved and in
order to protect this application and keep it in line under the deadline
of today -- and it's there -- it is highly recommended that your Board
pass a resolution authorizing the City Manager to sign such applications
in behalf of the City to cover this signature. If it is not your decisio~
that he should sign future papers in this respect for this partieula~
purpose, it might be well that you designate him to cover this and one
other person who would be the one si~ning in the future. But I see no
reason why it would not be proper for you to authorize the City Manager
to sign it. Other cities do the same way. There is a resolution pre-
pared on the EPA form -- they have a sample resolution which merely takes
the insertion of some names, dates and some bla~k spaces and your City
Manager has such a resolution in hand.
Mr. DeLong asked if action should be taken on it this evening and Mr.
Klinck said yes. Mr. Kohl said he had the resolution and Fir. Klinck
said it doesn't authorize anything except that he~d be authorized to
sign such papers.
Mr. Klinck said there is a timetable that EPA has published regarding the
submittal of supporting documents that would go i~ within the next six
or eight months to complete this applieationand we will have to proceed
to keep those up to date for you and some of them will be coming in
for further signatures.
Mayor Jackson asked if Mr. Simon would read the resolution and he said
50 -
M!~]TES - REGULAR COUNCIL MEETING
CITY OF BOYNTON BEACH~
MAY 15~
he would do so if he could have the infoz~nation to fill in the blanks.
i~ro Kohl said he would read it if it was agreeable. He then read a
Resolution, No. 73-GG~ Authorizing and Directing Prank Kohl~ City
Manager of the City of Boynton Beach~ Pa/m Beach County, Florida, to
make Application for Federal Assistance under Public L~w 92-500,
Construction Grants Program.
Mr. DeLong moved 'to adopt the Resolution 73-GG and Mr. Roberts seconded
the motion. Mayor Jackson asked if there was any discussion,
~. ]Clinck asked if he may add some more information before going ahead.
The project planned on which this cost estimate was based follows the
Palm Beach Area Planning Board Interim P~terQualityManagement Plan
which you have all heard a.bout which follows ~he City of Delray Beach
that they will build a 6MGD Plant and that Boynton will go that way.
It also includes their regional planning whereby BOynton is an area
agency fo~ serving Ocean RidgeD B~iny B~eezes~ Hypolu×o and from h he
Ocean back to Canal E-3 which is the reserve annexation area. In other
%~rds, this is a preliminary estimate which will be followed by an
engineering report showing how nuch a grandios plan of sewage treatment
handling by Boynton Beach can be managed and applying for the funds to
support that.
Mr. DeLong asked if it was all right to go ahead with the adoption of
the resolution and Mr. Klinck said yes. Mayor Jackson asked for any
other discussion and Mr, Wallace said in other words, the only Thing that
M~. Klinck was sta ting now was that the City was making application ar~
there was nothing else involved. Mr. Klinck said that was correct --
there was no conmmitment. Mr. DeLong sa~d in other words, we're getting
under the wire and Mr. Klinck said that was correct.
Mr. Harmening asked how this tied in with item 5 -- the other proposed
resolution regarding Public Law 92-500 -- is this the same? Mayor
Jackson and Mr. Klinck said this was it -- the same.
~btion carried 5-0.
Mayor Jackson asked Mr. Kohl for the original draft of the resolution
so she could sign it. Mr. Klinck said the original still had to be
typed~ that this was just a draft of the resolution.
Mr. Kohl said he would like to mention one thing so that Council would
know when he was asked to sign these papers ~hich were sent back to
the Federal Government, the fimst thing he asked was what does this
commit me in doing~ I was told then, when this mesolution was signed
and passed by the Council, that my signature means something on the
papers as far as just asking for Federal assistance. I did clarify
the question before signing any papers.
Mr. Kiinck said the resolution ~,~en si~ned will be sent to the DPC in
- 31 -
MILWdTES - RE~/LAR COUNCIL MEETING
CITY OF BOYNTON BEACH, FLA.
MAY 15, 1975
support of the application which was already sent. Mayor Jackson said
that was Item 5 under ~LEGAL~ ar~ she asked Mr. Klinck if he had any-
thing else. Mr. Klinck said he was ready to proceed with Items B, C
and D under No. 7.
OLD B~SINESS (Cont'd)
Consider Request of J. Clinton Scott
Mr. Klinck said you have a request for sewer service to a professional
office building adjacent to the St. Andrews Club Development between
St. Andrews Club and Briny Breezes. I would like to recommend that the
City accept this request and let them obtain Sewer service through the
St. Andrews. system which has already been approved, It's merely an off/cc
building with very small sewerage loads, not much to worr~ about in your
total system requirements, but with the proviso that the City Obtain
assurance from the owner that if and when any future changes in sewer ser~
areas require that this connection be re-routed to another syst~m~ such
change and connection will be made at the expense of the oWner. ~J~at is
meant by that is eventually Ocean Ridge will have a sewer system and as
the pollution control rules read today, that would have to come through
Boynton Beach for handling. If at that time, at any time~ it appears
that any of this loading is jeopardizing your system on the western side
of the waterway, it can be redirected the other way around at the owner's
expense.
Mr. DeLong said he would like to ask a question through the Chair to Mr.
Klinek. In other wo~ds, thes'e people are going into business there,
and are these people in our reserve area?
i~. K!inck answered yes.
Mr. DeLong asked if these were the same people who said they were think-
ing about annexation.
Mr. Klinck said yes, in fact, he thought the St. Andrews Club has been
annexed.
Mr. DeLong said he knows about St. Andrews, but he is talking about this
particular parcel of land -- where this building is going to be. It's
up to the City Council to decide whether or not -- as long as it is
contiguous to St. Andrews~ where it would be profitable insofar as
taxes are concerned, as long as you are going to perform a service for
them -- to annex them or not.
Mr. Roberts asked if they had submitted an application for annexation,
in re~a~d to sewer.
Mr. Klinck said that in their letter, they asked for sewer and for con-
sideration of annexation.
Mr. DeLong aaid to try to take care of the annexation before goin9 througB
MINTdTES - RE~dLAR COHNC!L N£ETING
CITY OF ~OYNTON BF~ICH, FLA.
MAY 15, 1973
with the sewer agreement.
Mr. Kohl said he had the complete file and Mayor Jackson said they
didn't apply for the annexation.
Mr. DeLong said he felt things should be set up -- first order of busines~
first. Let's see what we're going to do as far as the annexati'on before
going ~nto the sewer.
Mr. Ktinck said as far as the sewer service is concerned, it wouldn't
be any problem to the City. Mr. DeLong asked if the City Council wanted
to consider that annexation.
Mr. Wallace said don't you think the annexation should be considered
before going into the sewer issue? If you tell them they will get sewer
service, they'll say, okay, we don't want to be annexed to the City.
There are other places of business that may fit into the same category
and we will have opened a Pandora's bok~ so I would suggest that we annex
them if they want to be annexed and then give them the sewer service.
Mayor Jackson asked Mr. Kohl if they have put in a re_eclat application
and t~ir. Kohl said they'vejust sent a letter and talked to Mr. Jack
Barrett and Mr. Tom Clark. Mr. Klinck said they have not applied
formally for annexation.
Mr. Joe Kealy with Mr. Scott' s office, representing the principals who
are trying to acquire this property came up To the microphone. He said
I think you probably have a copy of this letter from Mr. Scott which
was written on Mmrch 7th and first considered by the Council on March
20th. It is now before the Council again. What we are t~yfng to do is
to assure that we can get water and sewer service to this property and
Mr. Scott also suggested that if we wanted a Council recommendation,
whether they thought annexation would be advisable, but our first request
was for water and sewer service to be furnished to this property. Maybe
that will clear things up for the Council.
Mr. DeLong said as far as he is concerned as a member of the Council, he
would like to take things in the order of business. Annexation, yes,
then we~!l talk~beut the water and sewer. He thinks that everything
could be worked out without any problem, but as long as you're going
to be over there and you're contiguous to St. Andrew, the City should
get some returns as far as ad valorem taxes are concerned.
Mr. Kealy said their problem right now was a time consideration as far
as our attraction as far as this property is eoneePned.
Mr. DeLong said that suppose we go on record as saying yes, we will
service you contingent upon your application for annexation.
Mr. Kealy said all right.
Mr. DeLong moved that regarding the request of J. Clinton Scott, that
M!~[dTES - REGI~LAR COUNCIL MEETING
CItY OF BOYNTON BEACH: FLA.
MAY 15, 1973
Mr. Scott be notified by the City Manager that we will give them all
due consideration insofar as the service of water and sewer is concerned
as soon as they make an applicationfor annexation to the City of Boynton
Beach. Mr. Harmening seconded the motion. Mayor Jackson asked if there
was any discussion. Motion carried 5-0.
Report by City ~anager on Library Architect
Mayor Jackson asked Fir. Kohl if he would give his report.
Mr. Kohl said he would like to clarify that it was the Library and Sub-
Fire Station and l~ayor Jackson agreed.
Mr. Kohl said three or four architects were reviewed for the construction
of the new library by the Council and the Council decided to have one
architect for the library and one for the sub-fire station. The City
Manager was asked to write to the specific architects, plus two con-
sulting engineers who are also architects and another recommendation
from Palm Beach was received. Mr. Kohl recommended that he negotiate
with Fir. George Davis who is an architect in the City of Boyn~on Beach
and if the Council sees otherwise, he would go in whatever way he was
directed.
Mr. Wallace moved to accept the recommendation of the City Manager to
negotiate with Mr. George Davis~ Fir. DeLong seconded the motion. Mayor
Jackson asked if there was any discussion.
Mr. Kohl said regarding his negotiat~ion, he would like to clarify that
he was instructed to find certain things and this will be some of his
negotiation as far as what the charge will be, and a/so if this certain
architect will work with the Fire Chief, will work with the Library
Director -- this is all part of the negotiation. If this doesn't come
out the way I hope it will, then I will come back to the Council.
Motion carried 5-0.
Report by Mrs. Kiinek re Area Planning Board
~. DeLong moved to take this report unless it is of an urgent nature,
under advisement to give the Council an opportunity to study it.
Mayor Jackson asked if there was anything urgent and Mr. Klinek sadd
yes, it was very urgent.
Mr. Ktinck said he would make it brief. Last week you received a copy
o~ the Area Plarm_ing Board's agenda for their meeting day a~ter tomorrow -
May 17th at 2 P.M., in which they included an item where they are going
to consider a change in the service area boundary of the Boynton Beach
service area as designated by last year~s Area Planning Board's plan
for regional water supply treatment, etc. and sewerage disposal. Their
plan is to cut off the presently designated service area at your western
- 54 -
MINUTES - RE~dL~i~ COUNCIL MEETING
CiTY OF BOYNTON BEACH, FLA.
MAY 15~ 1973
boundary of the reserve annexation area -- a half m~]e west of Military
Trail. The area from there to the Turnpike assign to Palm Beach County
for admiD/stration of water and sewer service. I believe that it is
advisable for the City of Boynton Beach to be represented at this Area
Planning Board Meeting day after tomorrow~ I recommend that they
attach certain provisos to a statement that they are willing to release
that service area to Palm Beach County and not some private developer~
also that any disposal permit or facilities permitted at this time be
restricted to interim status and that they will be required to coD_neet
with the proper regional facility when such facility becomes
in the futu~ that any zoning and consequently: P~pulation densl.tles
the area conform to those densities promulgated by the Area .Plannl.ng
Board in the Interim Water Quality Management plan of Februa~5;, this
year -- which is presently undergoiaq review for ~doptfon by the Florida
Department of Pollution Control and the Uo S. Environmental .Protection
Agency, and that any material increases in those densities which were
recommended by the Area Planning Board' s planners would prOmulgate an
extreme burden on the public service capability of B~nton ~ch a~n_d.
other nearby coastal cities and would eventually create a maj~r.utmlzty
problem in this area~ the citY of B°ynton Beach shad.be nqt~fied by
the Area Planning Boa. rd and the.Pa~- Beach Co~%nty Co~iss~i. on of any
developer' s applieatxons affecting that area a~d~o~ the Oity~s future
water and se%~r service prospects.
In other words, Boynton Beach cannot today offer to provide water and
sewer service to this area in question. There are presently, I am told,
some four very large developers that have come through the County for
zoning changes in this area -- one is immediately north of the Villa
Delray project which is at your south area and on the western end.
They're talking of 5 and 6~000 units, etc. We don~t have any way to
feasibly get water and sewer service to them for a few years. We have
our own problems.
Mayor Jackson asked if it was on this side of Military Trail and ~.
Klinck said yes. Boynton Beach should make its wishes known for
such conditions as I~ve just outlined. Somebody should represent the
City at the meeting on Thursday afternoon.
Mr. DeLong asked for a suggestion of who might attend the meeting. He
asked if Mr. Klinck was privileged ~nd Mr. Klinck said yes. There was
some discussion and Mr. DeLong moved that Mr. Klinek represent the
City at the meeting of the Area Planning B-oardon May 17th, along with
the CitY Engineer, Mr. Tom Clark. Mayor Jackson asked if there was
any f-urther discussion.
Mr. Wallace said in looking this over, this comes back to the same old
bug-a-boo that we~ve had as ~ar as the past itself is concerned. In
the paper last week, it stipulated that there was a developer of 741
acres (possibly the one Mr. Klinek is referring to at the present time,
specifically in our annexation area). Now there are several other areas.
- 35 -
MIW~TES - P~G~LAR COUNCIL MEETING
CITY OF BOYNTON BEACH, FLA.
~£AY 15: 1975
We come back to this same thingas far as planning: zoning~ etc.~ and
in talking about densities: the densities which they are referring to
are those that would be imposed by the County and basically not those as
far as the City itself is eoncemned. Any zoning and oonsequently~ popu-
lation densities within the area would conform to the Area Planning
Board and this is in the Intez4Ja Water bit: etc. that was there. Mr.
Wallace asked Mr. Simon for clarification -- when this annexation area
out here was granted as fa~ as the state legislature, knowing that there
are state areas or agencies: et¢o, that tie in with this~ where does
one end and the other begin? In other words~ where dges one definition
stop and the other take over? Suppose we don~ t want any part of this?
Mr. Roberts asked if the area being discussed was contiguous to the
City of Boynton Beach or some%Where out in the boondocks.
Mr. Wallace said any area -- or annexation area and Mr. Roberts said he
didnrt know how ~,~re concerned if itts not eontiguouso
Mr. Wallace said here it comes again -- this is the same thing that was
argued about 4 years ago, specifically -- it:s not contiguous, but
it's in your annexation area and iF somebody comes out there, which
they can aasily do and says he wants to build a 20 story condominium
which is what ~heytre going to do ~..
Mr. Roberts said there is nothing we can do about it.
Mr. Wallace said they're in our annexation area and I think as far as
being in our annexation area, the City does have a right to say what's
going to happen to it. ~is is the reason I am asking for clarification.
Mr. Simon said he thought the practice has been with the County to go
ahead and grant it. I think they consult with the municipalities but
they are not bound by it.
Mayor Jackson said as she understands it, quoting from No. 1 on the ~r~
page, ~Assuranee o~ Palm Beach County will be designated ~he appropriate
agency and not some private developer.~ -- which would more or less
cover this same point.
Mr. Wallace said we got caught in the same bug-a-boo before with two
trailer parks to tRe north of us and when they went to the county~ the
county said to go back to the city, eta .... and he cited some other
examples.
Mr. ]Clinck said the County did this same thing out west of Be]may Beach.
They just went ahead and put the Villa De!~ay and other developments in
business with their own on-site treatment plants: but they're on-site
disposa~ they're not allowed to dump 'them into surface waters.
Mr. Wallace said as he recalled when these things happened before in
Dade County and you came back within a short span of t/me and these
MIhrdTES - RE~dLAR COUHCIL MEETING
CITY OF BOYNTON BEACH, FLA.
MAY 15, 1975
$5-4 million plants -~:the counties were buying them up at $15-16 million
and they were no good to the City because they had to tear them down and
rebuild the whole thing, I would hate to see us going that same route in
this direction. By going this route, do we have assurances to a point
that this is not going to happen?
Mr. Klinck said we dontthave any assurance at all, but at least we
can makeastab at it to protect ourselves.
Mr. Harmening said it appears that this is an attempt to protect our
future water and sewer business in the annexation area. It is certainly
not a guarantee. As we found out here a wD~le back, itts beyond our
control.
Mr. DeLong said everything is in a state of flux. They come in with
one order today and change their mind next week. They were in here one
afternoon (Mr. Harmenin~ was here) and they told us just exactly what
we could do and what ~ couldn't. If we didn't dance to their tune,
that there was no such thing as any building permits or permission for
any expansion of any of our plants, water or sewer unless we did exactly
as dicteted by them. They are very blunt about it~
Mr. Harmening said Mr. DeLong summed it up very well at the meeting when
he said what you really mean for us to do is when you tell us to jump~
we're supposed to ask how high. That really expressed it perfectly.
Mr. Wallace said he had no further questions.
Mayor Jackson called for the question regarding ~. Klinck and Mr, Clark
attending the meeting on May 17th. Motion carried 5-0.
Mr. Klinek said while we're speaking of the Area Planning Board, in
re~erence to the eng-ineering negotiations with Charter World's engineers,
for which we have a deadline, as I pointed out during that meeting here,
the first step for the City -- if you want to work out something with
Charter World for a sewerage disposal plan -- which will again protect
Boynton Beach -- is to go to the Area Planning Board and request a
waiver of that provision of last year~s regional plan which prohibits
interim t~eatment plants within municipalities. Delray Beach did this
in order to work out an arrangement with a developer whereby the City
would control that developer's water and sewer service and eventually
get back to itself. In order for any arrangement to be made with
Charter World to go ahead with its immediate development, the City is
not going to be in a position to provide all of the water and sewer
capability that they are eventually going to need and it may be that
we'll have to work out an interim plant arrangement with them whereby such
interim plant will be built under an agreement that it will be according
to City specifications, will be turned over to the City to be operated
and then the teDms of who pays for the operation will have to be settled.
However, we need to get on the Area Planning Board's next agenda -- we
57
MINUTES - REGULAR COUNCIL MEETING
CITY OF BOYNTON BEACH, FLA.
MAY 15, 1975
can't make it for this one -- that is for the month of June. I have
already verbally requested Mr. Brutt of the A~ea Planning Board to put
the City on that agenda and now ! am asking 'your confirmation so that
a letter could be written to them, either by your City ~nager or by us
in your behalf, verifying that request to be on the agenda to request,
at the Board, permission to establish interim plants and for us to give
the Area Planning Board the guidelines by which those plants will be
developed.
Mr. DeLongmoved to so direct the consulting engineers to forward such a
letter to the Area Planning Board, with copies to be forwarded back to
the Mayor and members of the City Council and the City Attorney and the
City ~nager.
Mr. Wa__/lace asked Mr. DeLong if the motion could be rephrased so the
letter will specifically go through the City M~nager and to them and
let it come strictly through that specific office. Mr. DeLong agreed
as long as the same objective was attained.
Mayor Jackson recited the motion requesting the City Manager to write
a letter to Mr. Klinck asking h/m to go on the Area Planning Board
Meeting Agenda in June. Any discussion?
Mm. Ktinek said they will include in that letter of application the
specific terms that will be presented to that Board for their approval.
That of course, would be reviewed and approved by the Council before
it goes out.
Mr. DeLong said he would appreciate getting some of this taken care of
during the week so as not to wait until 11:30 p.m. to take it up.
Motion carried 5-0.
Mr. Klinck apologized for the lateness but it is the way they're coming
at us.
Mr. Kohl said that while Mr. Klinck was still present, he would like
approval from the Council regarding change orders No. t and No. 2 for a
sanitary sewer extension, Project 6858-8-M-DHUD-WS-F FLORIDA-28t.
Changeorder No. 1 is for 148 manhole steps, these to be made out of
cast aluminum, change order increasing contract in amount of $5,180.00~
change order No. 2 to construct single 6~ service connections throughout
the project, eliminating 4~' service connections. This change order is
in the amount of $18,686.67. Total increase and now the new contract
p~ice is $1,266,945.95. Mr. DeLong asked where the additional money
was coming from.
Mr. Harmening asked if he was to understand tPmt the consulting engineers
recon~nend this change order.
Mr. Ktinck said that he handled it. He said he did not originate them.
- 58 -
MIN~/TES - REGULAR COUNCIL MEETING
CITY OF BOYNTON BEACH, FLA.
MAY 15: 1975
They were a request in writing from the City Engineer and we reviewed
his request in writing and evaluated them in order to substantiate the
cost to be put into these change orders; therets nothing w~ong with them.
As a general rtule, when we do sewer plans, we do not include steps in
manholes, and the City Engineer and the Utilities Director requested that
steps be included and also that the sizes of the sewer house service
laterals be changed from 4
Mr. DeLong asked Mr. Klinck if this %~as taken up at one of the briefings,
with Mr. Hopkins was there and Fir. Klinck said yes~ Mrl DeLong said
he recalled it and it must have been a day that M~. Haz~aeningraissed.
M~. Harmening asked Mr. Klinck what his experience was with steps in
manholes -- dontt they have a tendency to rot off? M~. Klinck answered
that cast iron steps were the ones that have been traditionally installed
and the ans~r to the question in that regard is yes, they're very
dangerous, However, we leave them out because there are times when
steps ina manhole become an inducement to children or somebody to climb
down in them and we usually leave it up to the C~ty to obtain aluminum
ladders for their service trucks for manhole access.
Mr. Ha~nening asked if there were steps in any of our manholes in the
existing system. Mr. Klinck said he didn't think so, maybe in some of
the older ones.
Mr. CLark said there was t~ouble getting some of the men in because they
were too big to get into the manholes with the ladder in there.
Mr. DeLong asked again where the funds were coming from.
said it would have to be budgeted out of utilities. Mr.
if the ~unds were available?
Mr. ~14nck
DeLong asked
Mr. Harmening asked how many feet of 4~ laterals were in the change order
and there was some discussion wherein Mr. Harmening clarified himself
to mean lineal feet of 4~' service. He asked -- is this the same unit
price for 6" and all we're doing is increasing the quantity of 6~ or
is there a change in unit price?
Kohl said the way he read it, there was no change in unit price.
Harmening said in other words, we're just changing the quantity to
and deleting the equal number of 4". Mr. Kohl said yes.
Mr. K linck said that there is an addition because instead of using
double services, we have recommended, and that was included in the cost,
single services to each lot. Mr. HaDmening said so this would increase
the total number of footage,
~yor Jackson asked if Mr. DeLong's questions were answered.
Mr. DeLong said he wanted to ask Mr. Flynn what he knows about the
funds available in the R&R account. He asked Mr. Klinek what the total
59
MI~dTES - P~GULAR COUNCIL MEETING
CITY OF BOYNTON BEACH, FLA.
MAY 15, 1975
was of the increases. Mr. Kohl .said approximately $24,000.
Mm. Flynn said his ability to speak directly to this new item was _limited
by the fact that thiswas not discussed this moz~aing; We did take
another matter up in the office and I presented a picture of hot having
too much funds at hand to handle these situations inview of the fact
that we have already committed to HUD a certain amount of funds that the
contract for the sewer expansion program "called for ,o It came in at
a hiqher figure than was initially agreed when we made our HUD contract
and we had to show HUD that we did have the available monies in the.
Fund General Account to cover this increased cost in the new contract.
This ~orning we discussed another matter which is pertinent here which
the C~tyManager~will bring up and this new item of about $25-24,000 is
pushing ourselves in the Utility account.
Mayor Jackson asked Mr, Kohl what would happen if this item was tabled
for another meeting. Mm. Kohl said it was okay with him because When
he was talking with M~. Klinck, the consulting engineer, today, h~
assumed that he had a great knowledge of thms and he apologized t6~
Mr. Klinck as he did not know that he didn't understand this when it
was being discussed earlier.
Mm. DeLong moved to table this item of Council approval regarding change-
orders No. 1 and No. 2 for a sanitary sewer extension. Mr. Wallace
seconded the motion. Mayor Jackson asked if there was any discussion.
Motion carried 5-0.
NEW BUSINESS (Conrad)
Discuss Parking at Beach During Summer
Mayor Jackson asked Mr. Frederick if he would like to discuss parking
at the beach at all, or would he prefer to wait until the next meeting.
~fr. Wallace said that there was a gentleman in the audience who might
wish to speak about this.
Mr, Nick Zito, 2540 S.W. 14th Street, said he would like to talk about
the parking at the beach. He said he owns a motor vehicle which is a
motor home and it takes up one spot, one parking space. They have dis-
allowed the motor home up on the upper level and it is not obstructing
the view of anyone. Mr. Zito continued -- I park and move out of there
easily, don~t disturb anyone and I feel that I am discriminated against.
I see no reason why I can't park there. It's a beautiful vehicle. He
invited anyone-in the Council who wanted to ride in it. He said he was
losing business from the other motor home owners and campers. He said
he parks on this Side, not on the ocean side. He~s done it all year,
last year for 5 months. He also rented a home here and is now a resident
of Boynton Beach.
- 40 -
MINGTES - REC~LAR COUNCIL MEETING
CITY OF BOYNTON BEACH, FLA.
MAY 14~ 1973
Mr. DeLong asked Mr. F~ederick if there was a policy not to have these
type of vehicles up on the top level. Mr. Frederick said all t~ucks,
campers and vans were required to park on the lower level.
Mr. DeLong said there is a reason for it and everyone has been following
suit. Do you see any reason why this policy should be changed?
Mr. Frederick said that Mr. Zito~s mobile recreational unit does impede
and takes up more than one parking space. It is a high and long vehicle
which does cause a hazard in backing up.
Mr. Wallace asked Mr. Zito what type of license tag he had. Mr. Zito
answered '~recreational vehicle.~ Mr. Wallace said to M~. Frederick
what you're basically doing is discriminating against a specific type
of recreational vehicle and if someone ever took you to court over its
you would lose. Mr. Wallace said he had s stack of magazines that would
back it up,
Mr. Frederick said this isntt a firm policy and it ean be changed.
Council accepted it when it was written. It's worked out fine and ~e~ve
had very few complaints. ~qe majority of ~he con~nents coneerning our
beach policy and the parking regulations have been satisfactory. We've
got a parking problem regardless of where these vehicles park. I think
it cases the problem to put them on the lower level,
Mr. Zito said he parked there for three months last year and he goes
down at a specific time when he knows he can get a parking place. There
are no more than 3 or ~ vehicles on the other si~e of me at any time
in all the times I~ve parked at the beach.
Mr. Roberts said that a month or so ago, the Council %~nt along with the
idea of trying this plan out until the end of the year to see how it
worked out and then accept the recommendation of the Recreation Director.
Mr. Roberts suggested finishing out the year and see what the recommendad
tions a~e at that t~me.
Mrs. Jackson said that there was one additional thing she would like to
add. Now that the winter season is slacking off~ there are people in
the unincorporated area who said they would like to pay a flat fee for
the summer months and she wondered if Mr, Frederick had given this any
thought as to whether this could be done.
~. DeLong suggested disposing of the issue concerningM~. Zito before
getting into anything else.
Mr. Roberts moved to follow MD. Frederickt$ plan until the end of the
yeaz~ since we were in a trial period~ and then look at the recommenda~
tion of the Recreation Director at that time. Mr. Harmening seconded
the motion. Motion carried 4-1~ Mr. Wallace opposed.
Wallace said for s point of privilege~ he would like to ask one
- 41 -
MINUTES - REGHLAR COUNCIL MEETING
CITY OF BOYNTON BEACH, FLA.
MAY 15, 1973
ojuestion of Chief Huddleston. Can you legally enforce the trailer
ordinance and so forth thatts involved in this City today?
Chief Huddleston said until somebody takes him to court. It's almost
an impossibility. Mr. Wallace said this~is the same type Of question
that a selected law enforcement, in other words~ whether itts good,
bad or indifferent, you pull a recreational vehicle in on your property
and if you're buddy- buddy with your neighbor, you've got no problem,
but if you cross your neighbor, and he calls the police department,
then because of our ordinance, he has to go out and say you've got to
move it. ~atts v~ong.
Mr. Huddleston said the way it's handled now -- he thinks the City
Manager discussed with the Council at one time, if on a ~ signed
complaint basis, somebody wants to enforce the trailer ordinance against
their neighbor, they have to sign the affidavit and then the legal
papers are served.
There was some discussion amor~ Council and, Mr. DeLong said, like any
other law, theytre only as good as the courts upho~d them to be.
Mayor Jackson asked if Mr. F~ederick was planning to continue with
b_is monthly reports and he said yes. There was some discussion re-
garding charging people in the unincorporated area a flat rate to use
the beach and Mayor Jackson asked Mr. Frederick to look into it.
ADIW/INISTRATIVE
Receipt of Resignation o~ David D. Centola
M~. Harmening moved to accept the re'Si~unation of David D. Centola and
Mr. DeLong seconded the motion. CazTied 5-0.
Consider Request of F~ederiek Hollinqsworth Re - Moonlight Bay and/or
~lueprint Construction C~.
Mayor Jackson asked Mr. Kohl if he had anything to say on this. Mr.
Kohl said he preferred Mr. Hollingsworth start first. He would speak
at the end.
Mr. Frederick Holtingsworth came up to speak on the contract in question.
He said that on the agenda it was listed as a request but it was more
a response to Mr. Harmenin~S ~equest at the last meeting when I dis-
cussed this that I~%~ite a letter to the Council similar to the letter
I wrote regarding the Novotny matter. That's what the letter I wrote
you is supposed to be -- to furnish you with similar information. I
am involved in a lawsuit, prepared to go along with it and I am therefore
not ethically permitted to stand here and a~que the merits of the lawsuit
with yousthat your attorney and I would have to do later. Therefore, I
have no comments on that phase of it but merely offer you the opportunity
here to follow the same imminently sensible course you followed regarding
the Novotny case rather than let it be determfned by the court. Mr.
DeLong asked if he was talking about the Moonlight Bay now.
Hollingsworth said yes.
- 42 -
MINUTES - REGULAR COUNCIL MEETING
CITY OF BOYNTON BEACH, FLA.
MAY 15, 1973
~. BeLong said he's done a little study onlhis and had quite a few
consultations with the building inspector and f~om my learnings this
was only a foundation permit that was granted. I think that this
should also be corrected, I think it is a bad policy to issue these
foundation permits. I know they more or less come in handy with the
modular homes, but on these projects I think it is a bad policy. But
that~ s beside the point. At this time, I would like to have the
building inspector fill us in with all the details insofar as this
Moonlight Bay is concerned.
Mr. Barrett said the original permits were 9~anted to Revinqton. There
was a permit issued for a foundation which nothing was done on and
which expired au the end of a 90-day period. It was renewed at that
time'at a half fee. The renewal expired at the end of another 90 days.
At such time, the permit then became null and void. There can be no
new re-issuance. The~e is only one renewal granted and allowed under
our ordinance. After that, I don~t know just how much transpired by
reason of planning or submission of plans to the planner. I personally
did not see any structurals or any site plans that would indicate to me
that this was the same site that was presented originally. There w. as
no other application formally made for a building permit for Moonlight
Bay.
Mayor Jackson asked Mr. Kohl if he had something to add.
Mr. Kohl said he would like to add that he met the gentleman from Blue-
print Construction Company which is Moonlight Bay, Mr. F~ank O~Neill,
in my office some time in April and he informed me that he had gone
through all of the procedures as far as a technical review committee that
we have to have with every contractor as far as building and I informed
him that at that time to write a letter to me and I would take it up
to Council if I thought that it was appropriates stating all of the thing·
that he should have done, were done. At that time, I received the letter
a few days later and he stated that he did have permits and Mr.~rank
O'Neill was in my office at that time when he brought the letter back in
April and I told him in words to this effect that this is an untruth --
that there were no permits issued to Blueprint Construction Company or
to the Moonlight Bay Company and that I would cheek into it and find
out what permits were issued. As far as the other company, it has no
bearing whatsoever on this case as to who the permits '~ere issued to.
We,re talking about Moonlight Bay, Blueprint Construction Company.
Mr. Harmening said to Mr. Simon that there appears to be a very slight
similarity between this and certain previous requests such as this.
Have you had a chance to familiarize yourself as yet with all the
details of this. Mr. Simon said no, they have a way of coming out
in litigation. M~. Harmening said he meant in the way of background
materials, did Mt. Simon see any similarity between these cases.
Mr. Simon said yes, there is similarity in the standpoint of equitable
estoppel, principle, that you recognize with regard to Novotny. That
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MINUTES - REGULAR COUNCIL MEETING
CITY OF BOYNTON BEACH: FLA.
MAY 15~ 1975
was based upon certain acts, certain expenses, certain involvements of
the developer in reliance upon zoning of that time in pursuit of his
building permit. He did a number of things at substantial expense in
reliance and having relied to that extent from the standpoint of
financial as well as other effo~ts~ created and established an equitable
estoppel. From that standpoint, there is similarity. It is for tb/s
Council to determine whether or not it~ s been that substantial to that
extent.
Mr. Kohl asw,ed if he might ask the attorney a question. You mentioned
finances. Is there a similarity in regard to to the procedure that has
to be followed in this City?
Mr. Simon said he did not know any of the facts in this case as they might
might be similar to the other case. I would be happy to rely on I~.
Barrett for example to tell us what similarity there may be in this
regard.
Mr. Kohl said he has already stated and I have already stated.
Mr. Simon said procedurally, he did not know that eXtent of it.
Mr. Wallace said it seems at this particular point that what youTre
stating is that this particular company did not have a permit and if
there was any plan or anything else that was done, it was on the premise
of the individual or the devetoper~ hopefully, in coming to the City
and asking for a permit. For that m~tter, I think it would be the
same as somebody out here now who said I'm going to buy such and such land
and build such and such units and draws up these plans and goes to an
architect to have it done. ITm sure he~s going to spend monies, but
I don,t feel that in any way it is a City's responsibility to 9~ant a
permit on that particular basis and if the building official states that
the permit is null and void and on the recommendation of the City Manager
I~d make a motion that if we're in court, we stay there and let the
court decide. Mr. Harmening seconded the motion.
Mr. Hollingsworth asked if the Council would like to hear some factual
clarification.
Mr. Wallace s~id there is a motion on the floor and Mayo~ Jackson asked
the gentleman previously if he had anything to state and he said no, it
will be up in court. If someone else on the Council wishes to make a
motion or states that they wish to continue discussion with it, I~ll
withdraw the motion. Mayor Jackson repeated the motion to stay in
court and asked if there was any more discussion.
Mr. S~mon said we discussed this and the whole point of Mr. Hollingsworth
being here was to explore the possibilities of settlement. ~ormally
speaking an attorney would have to ag~ee to allow another attorney to
approach b_is client. We discussed this and the whole point of Mr.
Holling~worth being here ~s to present what he had to say in the hope
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MINUTES - RECA1LAR COI1NCiL MEETING
CITY OF BOAfNTON BEACH, FLA.
MAY 15, 1975
of exploring a settlement.
Mr. Wallace said that the reason he made the motion that he did and
when it was brought up for discussion and the City Manager specifica/!y
asked the Mayor's permission and said that he would p~e£er that if they
had something to state that they should say it and he deferred to
Mr. Simon said it was his understanding that was the reason he was here.
Mr. Wallace continued that at that point his undeTstandin9 was that
the~e was not andso it was simply left that the building official said
there was no pelz~it, the City Manager ~ade a ~equ~t and on that basis,
that is the reason that I made the motion ~at I did.
Mr. DeLong said he thinks the point here that is p~obably being over-
looked is the fact that these people are going to try to come in now
and go underneath the old density allowances. This is not so. I
believe this is the crux pf the entire situation. T~ying to more or
less have the p~evious permit declared as being valid so they could
take advantage of the density that they intended at that particular
time. If they're going to come in here looking for a building permit
and ame willing to live up to the density that~as now been adopted by
the City of Boynton Beach, this is a different problem. He asked Mr.
Wallace if this was his understanding.
Mm. Watiaee said if this is in.agreemen~ with what they have, fine, but
this is my understanding the same as M~. DeLong~s.
Mayor Jackson said they have to come back and get a new permit.
Mr. Wallace said if they have to come back and get a new permit, then
they'd have to come back for planning and zoning, the community
appearance, and 9o the whole complete route,
Mayor Jackson said the vote has been taken and it was 5-0.
Consider P~eliminary Approval o~ Plats
1. East % of Block 54~ Boynton Ridge
Mayor Jackson asked Mr. BaITett if this had to be done immediately now
and he said yes~ this-has been delayed for somemonths. It 9or lost
in planning and it's just come into light now. It's only a preliminary
approval in any event.
Mr. Kohl said on the first three items seen on the agenda under consider-
at-ion of preliminary approval of plats, he got the department heads
together this morning and asked each of them of there was anything that
they did not aqree on ~o let's get it out on the table now and they have
approved No. i and No. 5 and No. 2 with conditions attached. Of course,
I realize you're only on No. I but this is for your edification.
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~f~NTdTES - P~E~dLAR COUNCIL MEETING
CI~f OF BOYNTON BEACH, FL~..
MAY 15, 1973
Mr. DeLong asked if the Council wanted to take the recon~nendations
collectively~ or take them individually.
M~. Wallace said as long as he states that they've met the requirements
and it:s his recommendation that they go through with them~ !~d take
1 and 3 if he says there are no problems and then come back to 2.
Mr. DeLong moved that the Council accept the preliminaryapproval of
plats as recommended, No. !, East % of Block 54, Boynton Ridge and
No. 3: Gotfview Harbour, 3rd Section. Mr. Wallace seconded the motion.
Mayor Jackson asked if there was any discussion and Mr. Harmening asked
if the Golfview Harbour, 3rd Section was a re-plat, Mr. Bar~ett said it
was a re-plat of a portion of Got~view Harbour No. 2. This is ~e one
we talked about and you all re~iewed it here at the initial meeting.
This has ~othing to do with the zoning; this is just a preliminary
approval of the plat as. it stands so that we can get things rolling to
a point where we show evidence of good faith to the courts and through
Mr. Simon.
Mayor Jackson asked for any further discussion. Motion car~Zed 5-0.
Mayor Jackson asked M~. Barrett what is the condition in the Lake Eden
Sub-Division Plat ~4, Mr. BarTettasked Mr. Kohl to read those.
}Ir. Kohl then read Proposed Plat ~, Lake Eden Sub-Division. This is
from the Minutes of the Technical Review Board: Proposed Recreation
Area to be Deeded to the City as per Ordinance.
Mr. DeLong moved to lay this item on the table until such time as these
requirements are o..
Mm. Wallace said before a motion is made, there was a gentleman present
who wished to s.ay something.
Mr. Danny O'Brien, 2580 S.W. 10th Circle said ... I re~esent Items 1~
2 and 3 in the first item for the final plat. Lake Eden Sub-Division
Plat No. 4 is another plat that has been in the City for a number of
months, quite a few, I don~t really know. Again, we got caught up in
the Planninq ~epartment changes. The plans had been approved by all
governmental agencies including the City~ for sewer and water; the con-
tracts have been let and we can't lay the first piece of pipe until
we ge~ preliminary plat approval.
Mayor Jackson said that Mr. Kohl has just told us that there are certain
conditions ... and Mr. O:Brien said that the only conditions are the
stop signs which he believed the developer would go along with; 23rd
Avenue is a dDafting error -- it should be 33rd Avenue; the record plat
will be submitted as outlined~ the cross-section and profiles, iii may
direct a question through the Chair to Tom Clark -- is that a reeommenda-
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Ff~NUTES - REGHLAR CfYdNCIL MEETING
CITY OF EOYNTON BEACH, FLA.
lv~.Y 15~ 1973
tion of yours?
Mr. Clark said what was meant was that a reference to the development
plan should be made on the plat, instead of showing all the improvements
on the plat.
Mr. O~Brien said that can be handled also. He said the one problem that
the developer wishes to ask the Boards in the City to reconsider and
that is the recreational areas. This sub-division is 61 lots -- every
lot bordering on a stubcanal that feeds into Lake Eden and we are of
the opinion that this is recreation area enough for the sub-division.
Mr. DeLong moved that this be referred back or tabled until such time
as these particular items that have been specified as being required by
the City be ironed out, agreed to and more or less in the fo~m of a
legal inst-riunent.
Mayor Jackson added -- by the Technical Review Board and Mr. DeLong
agreed. Mr. Harmening seconded and Mayor Jackson asked for anydis-
cussion.
Mr. Wallace asked for clarification regarding recreational areas. He
asked if the 61 lots were individual homes and Mr. O~Bmien said yes,
they will be, Mr. Wallace said if you go to any developer that has
built homes %.~thin the City, we have not required recreational areas
per se, at that particular time, if it is individual homes thatwe~re
speaking of.
Mr. O~Brien said it is a sub-division of 61 lots in R-l-AA zone and
Mayor Jackson said we don~t require recreation there. M~. Wa]3ace
asked why specifically, was the recreation area tied to these 61 lots
when they're not tied to any other lots in the City.
Mr. Frederick asked Mr. Barrett to correct him if he was w~ong about
the sub-division. There is a clause in the sub-division re~u!ation
in our Code that says that a City can require a developer to donate
up to 10% of gross acreage in a sub-division housing area and the
request for land for recreation area %,ms made by me because in looking
at many a~eas in this city such as Golfview Harbour~ such as the amea
across from Bethesda Hospital on the East side of Seacrest, many other
residential areas which have been built house upon house with no open
space, not even an area for a ~tot-!ot~ for kids to go and play ,.. I
don~t know why it was done in the past~ but it seems that somewhere
along the line~ we should start having some requirements for open space
for recreation and this was the primary consideration.
Mr, DeLong said the provisions are there for these things to occur and
while we can't account for what has happe,ned in the past, let's try to
do something for the future.
Mr. ~ederick said regarding ~uture developments, we should definitely
look at ever~oone, especially where there are residential homes where
MIkWdTES - REG~dLAR COUNCIL MEETING
CITY OF BOYNTON BEACH, FLA.
MAY 15, 1975
there are children coming in and start providing space for these people.
Mr. Harmening suggested that the Recreation Director~ Mr. Kohl and the
Developer get together ~nd work this out. He said that 10% seems to
be a bit excessive.
Mr. DeLong repeated the motion to table this item and Mr. Barrett asked
for clarification that it was tabled until such time as these situations
are resolved to the satisfaction of the Building Department, the Recrea-
tion Department and the developer. The Council agreed, Motion carried
Consider Final Approval of Plats
1. Rolling Green _Ridge, 3rd Addition
2. Mango Heights
Mango Heights, Addition No. t
Mayor Jackson int-~oduced the next item on the agenda concerning Rolling
Green Ridge, 3rd Addition and ~. Kohl asked if he might state on this
that the department heads met on this also and it was okayed on No. !,
2 and 5 and he added that Nos. 2 and 5 have their bonds also. There
was some discussion about taxes, but M~. DeLong said it had no bearing
on this.
Mr. Wallace asked Mr. Kohl if it was his recommendation that the Council
approve this. Mr. Kohl said yea and Mr. Wallace made the motion to
accept the City Manager's recommendation to give final approval of plats
1) Rolling Green Ridge, 5rd Addition; 2) Mango Heights~ 5) Mango Heights,
Additional. Mr. Harmening seconded the motion. Mayor Jackson asked
if there was any discussion. Motion carried 5-0.
Mayor Jackson brought up the next item on the agenda re: Consider
Agreement with Palm Beach County Library: however, referring to the
previous motion, Mrs. Pad~ett said that since there was a motion to
approve these plats, you would need to have the ordinance read on first
reading.
Mr. Simon asked if the Council would like to hear his first reading
tonight. He then asked Mrs. Padgett to change the 75-18 that was put
on the levying assessment; remove that. No. 73-17 is Rules of Govern-
ment. Do not assign a number ~o the assessment agreement.
Mr. Simon then began first reading of Ordinance No. 75-18 -- An Ordinance
of the City of Boynton Beach~ Florida, approving Plat of Mango Heights.
MrQ Wallace moved that Ordinance 75-18 be adopted on first reading.
Mr. Harmening seconded. Mayor Jackson asked Mr. Simon if this was just
Mango Heights or Mango Heights, Addition ~1~ or are they both together.
Mr. Simon said he had another one for Mango Heights Addition. She asked
for further discussion. Motion carried 5-0.
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MINUTES - P~dLAR COUNCIL MEETING
CITY OF BOYNTON BEACH, FICA.
PlAY 15~ 1973
Mr. $~on began first reading o.~ O~dinance No~ 73~19
the C~ty of Boynton Beach, Florida, ~APPro¥1ng Plat ~f Mango
Addition.
Mr. DeLong moved that Ordinance 73-18 be adopted on first reading and
~i~. Harmening seconded~ ~ay0r Jackson asked if the~e was any discussionl
Motion carried 5-0.
Mr. Simon began first reading of O~dinance No. 73-20 -- D~ Ordinance of
the City of Boynton Beach, ~lorida, Approving Plat of Rolling Green
Ridge~ 5rd Addition.
Mr. Hammening moved for the ~adoption..9~ Ordinance No. 7.5-20 on first
reading and Mr. DeLong seconded, May~r Jackson asked ~i~ there was any
discussion. Motion carried 5-0.
Consider Ag~_e_~ment with Pa_ ~ Beach County Library
Mayor Jackson said the agreement was exactly the same as last year.
~Ynere were.just, som~.suggested changes a~d she asked if ~thad to be
read'at this time,
BeLong askedMr~ Simon m_ he had seen it.
Mr. Simon said he has already seen it and it is the same as last year's.
Mmyor Jackson said there was one change and Mr. Wallace asked if the
Librarian has seen the agreement. Mrs. Jackson said she wanted it
last year, but Mr. Kohl said he didn't think she had seen the agreement.
Mr. %'~llace moved to table until the next meeting the aD~eement with the
Palm Beach County Library and Mr. Harmening seconded the motion. Mayor
Jackson added that the Librarian should see the agreement. Mrs. Padgett
said she was sent a copy of it. Motion carried 5-0.
onsmder Right-or-%~y Map - N.E. 10th Avenue
Mr. Kohl a~d the Counc~l has recelv.ed a letter ~w~ththemr agenda from
the Palm Beach County En§-ineer~s offiee.in~whlch, they request approval
of P~ght-of Way ~p for the above project -- N.E. 10th Avenue. This
has been reviewed by all of ou~ Department heads and it:s in regard to
$50,000 city participation with the county. Mayor Jackson asked if it
was Mr. Kohl's recommendation to adopt this. Mr. Kohl said yes.
Mr. Marmening moved to accept the City PL%nager' s recommendation to adopt
the P~ight-of-Way ~p - N.E. 10th Avenue and M~.. Wallaee seconded.
Jackson asked if there was any discussion. Pbtion carried 5-0.
List of Pa_~_ents Made in April
Mr, Roberts moved t0 accept the.payments made inAp~il.and I~. Wallace
seconded. ~yor Jaokson asked ~f the~ was an~ diseusslon. Motion
carried 5-0.
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MINUTES - REgdLAR £OUNCIL MEETING
CiTf OF BOYNTON BEACH, FLA.
MAY 15, 1973
Approval of Bills
Mayor Jackson asked Mr. Kohl if everything was in order. Mr. Kohl
· r
said everything was mn orde . It has been signed by your Finance
Director and the City Manager.
Mr. DeLong asked for the total amount of the bills as did Mr. Wallace.
Mr. Kohl said he didn't have a complete total, but he had a total of
each one:
Mayor Jackson asked that he read them for the minutes. Mr. Y~hlread:
Russell & Axon, Inv. No. 1, Job 6858-3-1 $ 72500.00
~1 '~ ~ ~ '~ 6858-8M-111 $ CP 1~050.51
,9 " ~ ~ ~ 6858-2-CP 3,937.48
~' ~ " ~ " 6858-1-11 $ CP 25~9~0.29
P~ch Motors, Inc. 1,300.94
Badger Meter~ inc. 2,347.00
The above bills have been approved and verified by the department heads
involved; checked and approved for payment by the Finance Director~
f~nds are available in their respective budgets.
Mr. DeLonq began to make a motion when Mr. Wallace stopped him to ask
Mr. Kohl if he received a notice here this evening re Milnor Corporation
for the suit of Boynton Beach that was given to you by the attorney
payable for $1,578.00, and therefore~ it could be included in all of it.
Mr. Kohl said if you would like to include the $~,578.00 for the City
Attorney, I also have another one with a total or $3,827.50. This is
the alley -- remember at the last meeting ! had permission to put in a
new sewer line -- the estimate was $6,~42.00 that I received. They did
it for $3,827.50 and I would like approval for payment.
~;~. Wallace asked if there was money in the account to take care of it
andMr. Kohl said yes.
Mr. Wallace moved that all the bills be paid on the recommendation of
the City Manager. Mr. DeLong seconded the motion. Mayor Jackson
asked for any discussion. Motion carried 5-0.
OTP~R
Mr. Kohl said before calling for adjournment, he had one other item.
He said the Council all had a plan or a map showing 7th Avenue to the
Boynton Canal. This is a proposed 6w water line. We know this is an
old area that we~ re looking at and we~ve had many complaints on this
area. There's no pressure~ no fire hydrants. I did check with the
Finance Director under Utilities and this is the one he mentioned -that
we dohave money available fort he 6" line.
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MINI1TES - REGULAR COUNCIL MEETING
CITY OF BOYNTON BEACH, FLA.
PLAY 15, 1975
Mr. DeLong asked if these were in both places where the red lines were.
Mr. Kohl said all the red lines are the new 6" lines. There are other
lines for the new 2~ line, which after some discussionamong the Council~
it was detemmined were already existing.
M~. Hammening moved that the City Manager put this out for bids within
the budgeted amounts. Mr. DeLong seconded. Mayor Jackson asked if there
%~s any discussion. Motion carried 5-0.
Mm. Kohl asked for c!arifieation and there was some discussion as to
what was to be bid upon. Mr. Kohl said he was talking about a 6'~ water
line, of approximately 2,515 lineal feet and appmoximately 1~000 lineal
feet of 2'~ line. We're talking abou~ $25~50,000 on a bid on this. The
money is in Utilities. Mr. Harmening made the motion to get bids and
if it's within the budget to go ahead with it.
Mm. Hammening mephrased his motion to say -- if it's within the amount
in the Utilities budget. ~yor Jackson added itt s in Repair and
placement.
I~yor Jackson asked if the~e was anything elSe under "Other?
Mr. Kohl said he had a couple of other items. He had an application
for permit to solicit from the V~ Post ~555 Boynton Beach to sell
poppies.
Wallace moved to approve the permit to solicit for the VM,~ Post
~);~5 to sell poppies and Mr. Roberts seconded. Motion carried 5-0.
Mr. Kohl said that the Attorney has been mequested ~or Thursday night
at 7:50 for the Planning and Zoning Board Meeting for his counsel.
If he says he can make it and the Council approves, he is needed. Mm.
Simon asked if it pertained to zoning and Mr. Kohl said it was regaz~ing
a particulam hearing at which they needed his counsel.
Mm. DeLong moved that the City will supply the legal counsel at the
Planning and Zoning Board meeting Thursday night. Mm. Wallace seconded.
Motion carmied 5-0.
Mr. Kohl said at the last meeting, the bills were approved and there
was a bill for Candeub & Fleissig for $2,868.59. Then Mr. DeLong
stated certain things in the minutes which Mr. Kohl said would be
read womd for wo~d. He said we did have another bill for an amount of
$420.00 that we did not want to pay, but the minutes reflect more or
less that we should not pay this bill and I would like to get this
e!arified. He asked Mrs. Pa~gett to read the minutes, which she did.
Mr. DeLong moved to reconsider the action taken previously, that is to
pay the $2,868.59. ~;~. Harmening seconded the motion. Motion carried.
ADJOUR~ENT
Meeting adjourned at 12:~0 a.m.
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MINUTES - REGULAR COUNCIL M~IEETING
CITY OF BOYNTON BEACH, FL~ ~
MAY 15, 1975
ATTEST:
52 -