Minutes 05-04-73MINUTES OF SPECIAL MEETING OF CITY COUNCIL OF THE CITY OF BOYNTON
BE~CH, FLORIDA, HELD aT CITY HALL, PRIDAY, MAY 4, 1975 AT 5:05
Re: PALMLAND (C~L%RTE~ WORLD)
PRESENT
5rally M. Jackson, Mayor
Joe DeLong, Vice Mayor
David Poberts: Councilman
Forrest L. Wallace~ Councilman
Edward Harmening, Councilman
F~ank Kohl, City Manager
Tereesa Padgett: City Clerk
Ernest Simon, City Attorney
Mayor Jackson: Welcome to the Special Meeting of Friday, May 4, 1973,
called for the purpose of discussing t/Ge Pa!mland Suit - Cha~ter World,
which was supposed to have begin at 3:00 P.M., but the attorneys are
not ready, so while we are waiting for them, Itd like to skip down to
No. 5 on the agenda, which was a list of payments in 'I~archo
List of Pa=_vments Ma~de mn Ma~ch - New Business
Mayor Jackson: Are these all in order, Mr. Kohl?
Mayor.
Reply: Yes: Madam
Forrest L. Wallace made the motion to accept the list of payments made
in Mareh and Edward F. Harmening seconded.'the motion and motion was
unanimously approved.
Agenda Reads:
Consider Request of Community Appearance Board
~yor Jackson: I believe we had a name that was submitted by the
Community Dppearance Board, for someone to serve on that.
Mr. DeLong: No, I think you know~ ~;~dam Mayor, the Community ~ppearance
Board was in relation to a conftiction that exists in the zoning -- the
sign~ ordinance, in other words, the Community Appearance Board outlaws
fence signs. They are permitted under the ordinanc~ setting up the sign
ordinance ... at this point, Mayor Jackson interjected.
Mayor Jackson: We'll have to wait until Mr. Simon gets here.
Mr. DeLong: The one you have reference to is a recommendation for an
appointment to the Charter Revision Committee and Mayor Jackson inter-
jected.
Mayor Jackson: Yes, that's right, and they made a suggestion.
Mr. DeLong: A recommendation was made by the Chairman and I will so
move to accept his recommendation~
Mayor Jackson: His name is James Harvey.
Mr. Wallace seconded the motion and it was unanimously approved that
James Harvey be appointed to the Charter Revision Commission.
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MINTdTES OF SPECIAL MEETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH: MAY 4, 1973
Mayor Jackson: A~e there any other names or discussion?
Mr. DeLong: Mm. Harvey resides at 609 S.W. 28th Avenue, Boynton Beach.
Motion was carried and unanimously approved.
Consider Request to Solicit - Boynton Beach LittleLeague
Mr. Kohl: Madam Mayor, I might state this eam~ in real late and they
were supposed to have permission by May 6 and I went ahead and gave
permission administratively~ hoping that you people would O.K. it.
D{ayor Jaekson: (jokingly) t^~at if we don~ t?
The motion was made by Mr. DeLong and seconded by Mr. Harmening to allow
the Boynton Beach Little League to solicit. Motion carried 5-0.
Status Report by City Manager
Mr. Kohl: Madam F~yor, I have one other real quick item I would like to
get the vote on the commission in regard to: N.E. tst St. South of N.E.
9th Avenue. This is the street near the Public Works that we had the
assessment on the other night and I would like the Council to accept the
bid from Hardrives. It's the only one we received in the amount of
$97127.50 and ~f course, as you know, the property owners will be assessed
$4,130.19, makzng a total of $47997.31 that the City will pay~ but I
would certainly like you to vote on that so that I can get going on it.
Mr. DeLong: Madam Mayor~ at this time I~ witlmove to accept the recom-
mendation of the City Manager for the paving of N.E. 1st Street in the
amount of $9,127.50 from F~rdrives of Delray~ seconded by Mr. ~rmening.
Mayor Jackson: Is there any discussion? No reply.
Mmyor Jackson: All those in favor, signify by saying aye. The vote
was unanimously carried.
Mayor Jackson annonnced we would now go back to No. 1 on the Agenda,
~Discuss Paimland~ since the City Attorney had arrived.
Discussion of Palmland
Mr. Cooper (Attorney for Palmland): I don~t know if everybody has
gotten the May 5, 1975 provision to look at. The other night after the
Council Meeting, we stayed here for a while withMr. Simon and I thi~
picked up what I think were some of the objections that were still in
the $/28 one and have tried to correct them in there. Again, I don't
know if the best way is (and I don~t know if you all have had a chance
to read these, we just got them down on the Greyhound bus this morninq~
I don~t know when you got them).
l~myor Jackson and Mr. Harmening interjected and stated ~'just now."
MihUdTES OF SPECIAL ~ETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH~ MAY 4~ 1973
Mr. Kohl: They haven't been here~ they just got in.
Mr. Cooper: I don't know how for you to pick out what you don't like
or like about it until you have a chance to look it over.
Mr. Wallace: Mmyor Jackson, may I make a suggestion at this particular
tim% in that we take we'll say not exactly a recess, we'll say that
if those that have questions or had questions of wb/ch they had legal
ramifications to or for whatever particular purpose as they go through
this thing and peruse its could they, we'll say, use the next few m/nutes
or whatever is_necessary to question the City Attorney as if the legal
!an~uage and so fOmth meets some of the objections that were theme
~reviously.
Mayor Jackson: Mr. Klinck called me and told me that he would be heme
and he had been working on this and he is going to have a written state-
ment rom us when he comes.
Mr. DeLong: Let the minutes meflect that I will not participate in
negotiations but t will exercise my might to vote on the question.
Mayor Jackson: And the same goes for m% and ISm going to handle the
gavel and let anyone speak that wants to.
~ir. Cooper: Mayor, may it please the commission -- the main change from
this one as opposed to the last one was that we said the problem of
the water treatment facility would be referred to the technical repre-
sentatives of the City and of Palmland for them to come up with the
solution because it has gotten quite involved in funding -- what every-
body is going to do and we thought that was the way to get moving on
it. i~at is us, we said we wouldn't build water .... engineers figure
out what to do, is about what it says.
F~yor Jackson: May I say that this is what Mr. Ktinck wants to bring
in a meport on, and ! thought he would be here by now. Tereesa, could
someone telephone and see if Mm. Klinck is on his way. Would you do
that please?
Mr. Harmening: Someone at e prior meeting, I forget, I believe it was
the first one -- someone had some reservations about the incidental
uses in conjunction with the 200 unit motel. I see theme has been no
clarification~ this wasn't my question originally.
Mr. Willace: No, I asked the eDestion originally and I think it was
discussed here at one of the previous meetings and also by checking with
the City Attorney and I think this was clarified as far as your code
and ordinances are concerned.
Mr. Cooper: We modified that to Mr. Simon's lan~dage as of last Tuesday
night~ there was a change made in that. I can just point out the other
changes if you would like from the April 2~, Paragraph 5, which has to
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MINUTES OF SPECIAL MEETING OF CITY CO~NCI5
OF THE CITY OF BOYNTON BEACH~ MAY 4, 1975
do with the water plant;
mit it to the engineers.
ment also.
Page 6 was changed radicatty~ that was to sub-
That appears as Parag-~aph 5 in the new agree-
Fmyor Jackson: Mr. Cooper, may i ask you, has Mr. Klinck seen a copy
of this?
¥~. Cooper: I don~t know, I doubt it. We have been over it with Mr.
Clark, he just got it this afternoon, and we've been over it with him,
but I don't know if Klinck has gotten it or not. Okay, I~m going to
talk about changes in the water or sewer~ since you've got him coming.
We did put some language in on again on water and sewer but this again
had to do with your take-over date that was furnished by your department
head. I won't stick anybody's neck out on that one, bu~ when the City
would take over operation and maintenance of any interim~ facilities.
We made some minor wording changes in Paragraph 9 ~such of then this
was just something we went over with Ernie, I believe it's Paragraph 9
in the new one.
Mayor Jackson: Mr. Klinck is coming in now. Do you have an extra copy
that you could give him?
Mr. Cooper: I have an extra copy. I wonder if I could ask the commissioz
if they have any problems~ or maybe, Ernie~ you would know on this one,
~cause we~ve gone over it pretty closely. Are there any probtems~ other
than water?
~. Simon: No, I~m satisfied with the changes that have been made with
the other problems. I think we just ...
Mr. Cooper: We're just do%~n to the water and maybe ...
Mr. Simon: ... in regards to the sewer, the other points have been
rectified.
Mayor Jackson: Would you like to point out the places that you changed
on here for the benefit of Mr. Klinek?
M~. Cooper: Ma'am, I can't hear you.
Mayor Jackson: Would you like to point the thoughts in the new stipu-
lations for Mr. Klinck~s benefit.
Mr. Kohl: MmdamFmyor, while he~s talking there, May I show the Council
something here ... this is in regards to 208 and ~12 1st Avenue and I
have an emergency down there.
Mayor Jackson: I'm well aware of it.
Mr. Kohl: This sewer line was put in, in 1926 and it backs up just about
every week, and it's tying up our equipment and we're using manpower
just about every week. It's going to run from anywhere from $10,000
MINI1TES OF SPECIAL MEETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, MAY 4, 1975
to $157000 for 421' to 461'. There is one whole block to put in a new
sewer, and of course~ it will be put in and we had planned to do this
some time.
Mr. DeLong: F~. Koh!, where do you intend to get the funds from?
fund?
Mr. Kohl. We have in Account V582 a surplus cz $50~ 000 of whmch we ye
spent about $6:000, so we have left over now about $24,688.00 and this
is ~oing to cost anywhere from $10,000 to $15,000, a rough offer and
we've come up high and low.
Mr. DeLong: This is on an emergency basis?
Mr. Kohl: Right.
Mr. DeLong: T~en this is your recommendation also?
Mr. Kohl: Right, we had out engineer out there and met with Mr. Johnston
and we've been out there every week, trying to clean it out and it's
been backing up into the houses.
Mr. DeLong: I'll move on your recommendation that this be taken care of.
Mr. Wallace seconded the motion and Mayor Jackson said it's been moved
and seconded that $10,000 be taken out of Account ~582, Sewer Maintenance
as an emergency measure. She then asked, is there any discussion? No
reply.
Mayor Jackson: i have visited the spot during emergencies and it seems
Mr. Kohl: ~nere are two things -- it's very low down the street (of
the two houseS) and these 1926 sewer lines are only 2' lengths and the
roots are going through all of the seams of all the sewers ... it's
costing us money every week~ and we~ve been going down there to fix it.
Mayor Jackson: Is there any more discussion. All those in favor
signiiied by saying Aye and the motion was unanimously carried.
Mmyor Jackson: Mr. Cooper, do you want to go on with this now?
Mr. Cooper: I don~t know what all of your suggestions are ... I can tell
you the changes that we've made today in the 5-3-75 that you might note
on youm copies and that is where are those con~nas ... Ernie (?) ... on
Page 10, Paragraph ~ !, 2, ~, 4, 5 lines down in =D~ the line ends
and "if applicable" and we~ve put co~as around ~if applicable'~, and on
Page 11, at the end of the first paragraph, strike the word ~'agnPeement"
in the last sentence thereof and insert the phrase ~Parag-~aph and
Paragraph 7 (c)~ so that it would read, "connection charges in aeeordance
with Boynton Beach City Code shall be paid except as otherwise provided
in this paragraph and Paragraph 7 (c)? I don't know what to say to
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MiNI]TES OF SPeCIAl, ~,~s~TING OF CITY COIH%ICtL
OF THE CITY OF BOYNTON BF~ACH: ~L~Y 4s 1973
your unless you have questions about it.
Mayor Jackson: Mr. Klinek, do you have anything to say on this? I
know that you reeeived this late, so you really didn't have a chanoe to
look it over.
l~ir. ~Xlinck: We would like to . ..
Mayor Jackson: Come on ... speak into the microphone.
ivlr, Klinck: I~ve prepared the %z~itten stat~nent here. I'd like to
pass out copies to the Council so that they oan re£em to it and then
I~d like to read it and comment on it. I apologize for being late.
I was putting this together, i~d like to ppedicate this letter with
the statement that fimst: I discussed this mattem vmith the staff mermbers
of the Area P!amning Boamd o~ Pa~ Beach Cou=nty~ and they v~l! hold~ as
I can see~ they ~,~11 hold to the pmineiple that Boynton Beach Service Are~
%~Rll come under the s~me regulations as all the rest of the Service Areas
in the regional plan for Palm Beach County; that they %.~2!1 not pern~t
any othem permanent sewerage t~eatment and disposal facilities within
the service area other than those o~ed by the City for its central
system~ but that they %'~11 permit~ if the City gpp!ies £or such interim
treatment plants -- I~m talking of sewerage -- to be provided by the
developer~ tumned over to the City rom its operation and maintenance.
And I was told at that time that the principle of having a developer
pay the City for the operation of those plants i~ being generally applied
by the other cities that are going this route. I do not know this for
a fact for Detray Beach, There is an operation schedule set up for so
much a month to be paid the City for operating a, plant~ depending on
its size. Now this doesn't mea~a tha~ the City's going to make any
money. I t~ink that in this e~se~ or a~y otller ease~ that the monthly
payment could be equated to the actual ope~inq, cost above and ~eyond
revenues or no~mat profits or no~n~ rese~ve~ f~nds~ ~natts a matter of
detail that can be ~rked out and t think somewhat in oonforn~ty with
this proposal o~ Palmland.
Mr. ]Clinck ~ead the attached letter dated 5/4./73 in its entirety with
remarks as noted:
-- I present that r~gur~ for comparison v~_ 1~600,000 above ~;hat it
would cost them to build a 3.3 million gallon plant.
-- I realize that there v~ll be some problems in the additional ~tow
in the treatment plant during that period but the well is there and
the treatment could be taken eare of in a proper manner complying
v~th Health Department regulations.
Mr. Wallace: Mr. Klinek~ mgght I ask a question ... What does the
Department of Pollution Control ~oD the State of Florida~ Tallahassee ...
what are their ~egu!atory agencies .,. what do they control?
MIlfdTES OF SPECIAL hEETING OP CITY COUNCIL
OP ~HE CiTY OF BOYNTON BEACH, MAY 4~ 1973
[~. ]qlinek: They are set up to provide control over any form of
pollution. They have not yet come out with guidelines on many of
these fields. The only one that they are heavily eoneerned v~th as
this progm~am is affected, is in waste water disposal which is what
they now call sewerage.
Mr. Wallace: But I don't know whether you are aware or whether the
order men, bets of the Council are aware but, as I said, I think it
ought to be brought out so that we do know what we are talking about.
If it has no bear~ng~ I would like to clear up the issues that are
there. But I have before me a letter dated October 16, 1972, to Mr.
Lynn Peyton, Assistant Regional Engineer, State of P!orida, Department
of Pollution Control, Re: Charter World Development West of Boynton
Beaeh~ Palm Beach County. Mr. Wallace read the attached letter in its
entirety.
Mr. Wallace: Ineidentally~ all of this material is out of our own
central file. He read a second letter ~nich was in answer to the
first letter: addressed to Mr. Irving ]~atz: General Manager~ Palmland
Development Corp, Re: Charter World Development West of Boynton
Beach~ Palm Beach County, dated October 17, 1972. At completion of
reading the letter~ ~r. Wallace m~de the following statement:
Mr. Wallace: Mr. ]Clinek, now here: as I said before, we have a letter~
we'll say it's on file. Now some of these agencies or groups of whieh
we are talking about~ at the present time~ are unable at the present~
to give us an answer specifieally as to what we are looking for in
the future down the line. And for that particular reason~ this is the
reason for reading this into the n~nutes at this particular time.
Now does this or does this not have any bearing at all on what we are
discussing~
Mr. Klinek: It glorifies that the proposition that I just submitted
to permit them to build interim sewerage disposal plants is aoceptab!e
to them. Now, there's one thing stated in that, that I don~t believe
is fully correct; he said that a minimum of 90% treatment for this
on-site disposal ... did you say 90 or 95%?
~. Wallace: 95%.
Mr. Klinek: Well~ the developer's letter spoke of tertiamy treatment,
but I thought I heamd you read 90% in his reply.
Mr. Harmening: I think you did.
Mr. Wallace: Primary, secondary and tertiary treatment~ 95%-- 100%
B.O.D.
Mr. ]Qlinck: That's the developer's letter~ isn't it?
Mr. Watlaee: Right, now let's go back to the other. Theme is no
percentage ... 90% ...
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MIlk'riTES OF SPECIAL [v~ETING OF C!~T COUNCIL
OF THE CITY OF BOYNTON BEACH, May 4, 1973
~ir. Klinck: Yes sir, I thipk that's an e~ror, or possibly something
that's been revised~ for I'm sure it's 95%, 'cause that's what tertiary
treatment is. There's one implication that might be drawn from this
cOrrespondence and that is tahat someone might think that this constitutes
a E~P.C. approval. Now the Department of Pollution Control will not
consider an application from the develooer~ or from anybody for that
matter ... a city .., until it has been-O.K.'d and passed by the Palm
Beach County Area Planning Board. The Fort Lauderdale Office of the
Department of Pollution Control has the authority to approve a project
like this after we've seen~ the old ElaDzoing Board's approval.
Mr. Wallace: But you did state the other evening that this has been
done.
Mr. ~ql~nck. Oh yes.
Mr. Wallace: O.]{., the agmeen~nt that they could get this information
or the type of eertifieates or whatever you want to call it is necessary:
in order that they could build v~at they wish to build.
Mr. ]Clinck: They can get t~he necessary . ..
Mr. Wallace: All right, now.
Mr. ]Clinek: Right today, the D~ea Planning Board has set up, in regard
to Delray Beach, and the other cities that have this same problem, it
is that the applicant developer f4_rst get the city's approval before
going to the Area Planning Board. Now the city's approval isn't that
a final revisw of the type that the D.P.C. the A.P.B. get, they gcc a
concept approval. The City has to look at it to see that it qualifies
under the City regulations and complies with your requirements and
then you say to the Area Planning Board, thisis fine, we have no objec-
tion. They they act on it and then the developer goes on up to the
State with it.
Mr. Wallace: Let me ask one more question. I know I had it when I oame~
bu~ did we not: meaning members o~ the Council, receive something f~om
our own Engineering Department and people within the City; does someone
have that available?
Mayor Jackson: I have it.
Mr. Wallace: May I borrow it, please?
Mr. Klinck: Before we get away from the regulatory ...
Wallace: We aren't getting away from it, P~. ]Clinck. Just one
moment.
Mayor Jackson: ~y I ask ... I believe that this thing that was just
read was in October. That was when we were the sub-agerJ~. That's been
changed now, we are not a
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~[[N-dTES OF SPECIAL ~iEETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, May 4, 1973
Pit. Klinek: No, the word is agent ... Boynton Beach and Delray were
each designated an agency at that time and it hasn't been changed.
This thing about going to Delray Beach is part of the %~ter qua]~ty
management plan that has just been promulgated by the Area Plaimning
Board that hasn't been finalized nor accepted by the D.P.C. We're
still in the old status of being a Boynton Beach Service Agency, until
they eb~nge it.
Mr. Wallace: Just one other letter that I~d like to read, then I~l!
leave it open. Mr~ Wallace read the follov~ng eontents of a letter
as follows:
Honorable Mayor and City Council Members, dated May 3, 1973.
Mr. Ik~£ght Ward!aw called Wednesday morning, May 2, 1973
and asked if he could meet %~th Mr. Tom Clark and Mr.
Harold Hopkins. A meeting was held with the above per-
sons in regard to sewers. A possible solution and mutual
understanding might be reached if the City would accept
responsibility for operation and maintenance of the
sewage treatment ~acilities after construction is com-
pleted at the date of starting up of these faeilitieso
Cost of operation and maintenance in excess of sewer
revenue is determined by acceptable cost accounting
procedures: %~ill be borne by Palmland until such time
as revenue will exceed cost.
Frank Kohl
City Manager
Mr~ Wallace: I think s]~ of these have a bearing on our present dis-
cussion. That is why I am trying to get them into the minutes. Thank
yOU.
~. Xlinck: That last one you read is similar to what I just proposed.
One other regulation regarding these agencies~ there is presently in
effect under the Area Planning Board's Regional Plan, which was promuigat
in March, 1972, that interim sewerage treatment plants are forbidden
within any city's service area. However, Delray Beach went to them
and had that waived by presenting to the Area Planning Board a set o£
City Guidelines for the implementation of these interim plants. And
I was told by the A.P.B. staff man yesterday that Boynton could go
the same route. It has to be a request from the City.
Mr. Wallace: Who was the gentleman you were talking to, Sir?
Mr. ]Clinck: Steve Rehl.
Mr. Wallaoe: Now, is this a policy you were talking about, or was this
just what we'll say~ brought out in conversation?
MIh~dTES OF SPECIAL ~'LEET!NG OF CITY COUd~CIL
OF THE CITY OF BOYNTON BEACH~ ~LAY 4, 1975
~4r. ]Clinck: It's what they did for Delray. There's a precedent for it
and I was told that he eou!d see no objeetion from the staff to that and
usually when the staff recommends something to that Board, they go for
it. This all goes back to the Palm!and's division in all these documents
that they've prepared in the past couple of weeks, that they would be
in compliance ~¢ith all the Revelatory Agents, so ! gm just pointing these
provisions out as somethin§ that we have to overcome.
l~ir. Wa]~ace: ~i~. K!inck, sir, I 1Q/ow tha~ some people think I'm being
arbitrary about this, but ±t~s rather rough to sit up here and say, have
someone come in and then go back to the documents of the people ~ithin
the City -- oune o%za enginee~s~ and go back through every agency, regula-
tory agency, sewer and water within this city, the time which this came
through had no objections and said we could meet the criteria. Now
this is from our own people within the city, it's all doc~nented, of
course, and it's a]N here, yet all of a sudden ... we're out in !eft
field somewhere.
~ir. ]Clinek: I don't tkink we're out in left field. $~nat we're tail<lng
about is in line with what you just read ...
Mr. Roberts: Isn't it basically, i~fr. Xlinck, a question of cOst tO the
City or taxpayer here? That's what it revolves around. I don't thi.~di
there's any problem of possibly getting any of these interim plants or
anything else. It's a question o£ operations~ a question of who bears
the brunt of the cost and in fact, I have just asked a question recently
in regard to the hook-up eharges for sewer. If you have an interim
plant and we waive all the hook-up charges and this thing only lasts
a month or two, what happens ... let's say there's 700 hook-ups, and
then it goes to a central plant in De!ray or somewhere else other than
our ova, then %~at happens to the 6,000 other hook-ups?
~,ir. ]Clinck: I think the Pal~and principals will agree to the connection
.charges, paying the connection eharges, if they apply to capital
zmprovemen~s, whether they be your ova~ system or somebody else's, but
they recognize the fact that these capit~l improvements are necessary
to provide that. Now, the way that could work Qnder this interim plant~
put up the interim plant, start operating it and as they make their
connections, they pay their connection charges, which goes into the
fund to help set up the financing for the next program. Is that correct?
I mean: about your v~l!ingness to pay the connection charges if they
apply to capital improvements that are going to serve you.
~'lr. Cooper: Yes sir, no problem on that. Let me mention one thing.
~4ay it please the commission, I~d like to read through with the commissio~'
Paragraph ?, which has to do ~*~ith ~ste water treatJnent facilities ..
now it does not cover connection charges, so leave that ouE o~ your
mind, but I think this covers exactly What's been said here. l;ir. ](linek~¢
report was ~r~it~en before he had a chance to read the last provision whict
is a change. But it says: Pa!roland %,~il! design and construct at its
expense an interim or pez~nanent waste water t-~ea~nent faeility and/or
disposal facility as it or may be required by the applicable goverr~nental
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MINWdTES OF SPECIAL ~&EETING OF CITY COUNCIL
OP THE CITY OF BOYNTON BEACH, ~;iAY 4, 1973
agencies or bodies including the requirements of the City Code .,. and
will design (and there's no argument about these things) ... will design
and construct at its expense a Gravity Sewer Collection System aceording
to the standards of all applicable government agencies or bodies includ-
ing the requirements of the City Code~ will design and construct at its
expense force mains and pumping stations aceording to the standards
all applicable
. governmental agencies or bodies including requirements
of the City Code; (c) shall, if a permanent rae._lmty, convey the said
waste water trea~7~ent facility and/or disposal facility and sewer col-
lection system in phases to the City of Boynton Beach. The sewer co!-
lection facility shall be cons~ucted in phases as to land is developed
and %.~ill be conveyed to an operated and maintained by the City of Boynton
Beach as it is completed. The waste water t~eatment facility and/or
disposal facility shall be conveyed to the City of Boynton Beach in
phases as completed and approved. The City will accept responsibility
rom operation and maintenance of the waste water tmeatment facility after
construction is completed at the date of start-up. Costs of operations
and maintenance of said waste water treatment faoitity and ~cess
revenue is determined by acceptable cost accounting procedures will be
boz~ne by Palrmtand until such time as revenue equals or exceeds eost.
In the event due to the requirements of regulatory agencies, the waste
water treatm, ent ~acilities are to be considered only of an interim. If
only an interim facility, the City would accept ~he responsibility for
the operation and maintenance of the interim waste water treatment
facility after construction is completed at the date of start-up. Cost
operaZ-ions and maintenance of said interim waste water treatment facility
in excess revenue is determined by aeceptab!e cost accounting procedures
~ill be borne by Palmland until such time as revenue equals om exceeds
cost. Palm!and will remove at its own expense, cost and expense any
such interim faeility on the same being phased out and pay its pro-rata
share of the cost of hook-up to a regional treat~ent facility w~hen
available. Well: that has to do with deeding the land if it is a
permanent facility. (d) I think this is what exactly what it says~
Y~line/% I~ll reply now to the connection fee -- this pro-rata cost of
hook-up, if tlis was just the line down and there was no capital ex-
penditure by the City -- the line to Delray. We will pay our pro-rats
cost or our cost of that hook-up to the Delray plant. That's w~at we're
willing to pay on the interim plan. Is that different from what you said
now, I don~t 'know.
~. Clark: Does that mean that you want to waive those connections that
were served by the interim plant~ as far as connection fees go ~- and
just pay for eonneetion fees for the balance of the units?
Mr. Cooper: For the balance of the units, yes sir.
Clark: Which %~uld be going into some plant.
~. Cooper: It would be going wherever you all send it, I mean it's
out of ... we:ye torn up our interim plant, at this point and it's
yours ...
P~[NUTES OP SPECIAL t~ETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH~ ~AY 4, 1973
Mr. C!ark:~ The connection fees that weren't there ... you would pay
for:
t~. Cooper: No sir~ we pay our pro-rata share of hooking those prior
connections.
Clark: How about '~ansmissions?
}dr. Cooper: O.](. We want those waived hut we don't want to %~ive our
pro-rata share~ of b~oking those in to the Regional Plant. But f~r ~uture
ones where we got no interim plant, there, that's right under your code.
~Lr. ]Clinck: ~n?. Cooper~ I'd like to answer your questions. I~ll take
the last one first, i don~t thir~k that the use of the %.~rds that the
D~lray Regional Plants should be used in this because it's not a reality
yet. I thio!c that it's a matter of paying your connection cha~ges to
Boy,ton Beach. They're the facility that you're dealing with; they
will be dealing with Delray. I think we're both talking about the same
thing, it's just a matter of semantics as to who you pay it to.
Mr. Cooper: Well, well, 'chat could well be. That's the reason I say
I don~t know if we're saying the same thing.
~r. ]CLinck: The question of eonstruetion and transmission facilities
to Delray Beach if and when that does come about, there's going to be
a city project and all of the user's of that system will be treated the
same way whether they live over here or in Charter World ... I mean,
a~eording to my eoneept of it. I think this is about it. Mr. Cooper
mentioned that we may have to build our own . .. I don~t 1Quow what we're
just saying we'll pay for it.
Mr. ]Clinek: You're dealing with the City o~ Boynton Beach.
Cooper: Yes sir~ that's right,
Mr. Clark: You build transmission facilities to Delray. If you want
to participate with the city lines ... you pay your share ... whichever
way.
~. Klinek: I don't think Delray has anything to do ~dth it. I think
we are in error talRing about Delray. You're dealing with the City o£
Boynton Beach.
Mr. Cooper: I'm not trying to tell you ... wherever it goes .o. if it
goes to Palm Beach~ we'll pay our share. We didn't mention Delray~
we said Regional Plant.
Mr. ]Clinok: Let me try to simplify and let me express my thinking a
little simpler. I believe that Palm!and or any other developer should
pay connection charges to the City of Boynton Beach when they are con-
neeted to Boynton Bea~h~s syst~. ~qd whm~her that ~vol~es these
- 12 -
~tINUTES OF SPECIAL t3£ETiNG OF CITY COI1NCIL
OF THE CITY OF BOYNTON BEACH, ~i~Y 4, 1973
transn~ssion facilities to Delray or not, I don't think it does, because
they are going to be t]~e subject ~or another project some day in the
future and every user of the sewerage system is going to participate in
it on an equal basis. Incidentally, as far as the regulatory agencies
are concerned, they have a new one out now, with that when you go to
the next gte_ut application: you've got to have . .. e~nply with their
guidelines to show that you are charging each user in the same group: the
same ~nd of charges. That has to be spelled out.
Mr. Cooper: ~Jly question was, did we not say ... if what I just read
did it not say, generally, now ....
Mr. Elinek: Yes sim, I would suggest that any reference to a pern~caent
plant -- this be deleted and this would read beautifully.
L~r. Cooper: it would be fine if we knew for sure what the City, the
Regional Planhing, the E.P.D., the engineers and everybody's gonna say.
We ]all think they're gonna say, you know . .. right, and therefore any
reference to permanent is mute ... if we're right on that.
Mr. YCtinek: Do you have any reason to suspect or believe that they're
not going to say interim?
I. ir. Cooper: No sir, but my job is to consider all alternatives and we say
at the begin~ng of that: an interim or permanent is required. You know,
we're trying to cover both things ... we think it will be interim. I
mean that's all our information ... it's all your information ... it's
aparently everybody's.
Mr. Xlinek: Well, you pointed out to me very strongly the other night,
the regulatory agencies includes the City. And I think the City should
take the stand right now that it %~211 be interim ~%d nothing but.
Mr. Cooper: Fine, we say, including requirements of the City Code,
we specifically put those ~rds ... I added we had applicable govel~n-
mental agencies. At ~r. Hollingsworth's request, we put ~at! hodies~
in there to get the City in ... and at Mr, Simon's request~ we added
including the requirements of the City Code. We can write the City
of Boynton Beach ... We put it in there, we are saying, that's the ~2ty.
~e've said it three times in there in each paragraph. Z have attempted
~o ... my point in reading this to the oonm'~ssion is -- ~. ~Xlinet~'s
report was crossed in the mail with ours, so to speak~ I think we've
said about the same thing that he has reeommended. We do have the
pern~nent in there as an atternative~ But we said the Ci~Y~ the govern-
~ental regulatory agencies or bodies including the City -- tell us what
to do.
l~r. ]Clznek. I ~like ~o add a conm~e~c to further clarify my suggested
Mecond a~ternat~ve~ the one about putting up the money for expanding
the City's plant ...
- 13 -
M!A~/TES OF SPECIAL MEETING OF CITY COQNCIL
OP THE CITY OF BOYNTON BEACH~ }~LAY 4~ 197~
~Zr~. Cooper: Waste water or water? If we could stay on sewer then I
want to talk about water ... if you got any pmoblems v~th that.
Mr. ]Ctinck: I don't see any problems ... as long as the goveri~ment
sewerage tmeat~nent or disposal facility doesn't come about.
Mr. Cooper: If they tell us to do it ... we~l! build permanent. If
they tell us interim ... we~!l build interim -- ~they~ being the City.
Mr. Roberts: ~. Klinek, are you refezming to Paragraph 8?
Hr. Cooper: Paragraph Y~ i believe.
Mr. ]Clinek: I don't think any pemmanent plant is necessary~ but if you
want to leave it in there ...
Mr. Cooper: May I raise a question? %fnat if it all changes? And then
we have a permanent one and then we have to come back? You all, the
City~ the regulatory agencies, have the complete say on it and we say
that if you tell us permanent~ we build permanent and give it to you.
We say you tell us interim, we build interim and tear it down ... I
don't k~aow what more you want.
Mr. Harmening: I~ I may comment at this point, it seems to me that our
saying whether it should be permanent or interim is rather moot because
the point whether it will be interim or permanent is not up to us.
Aetually, in the final analysis, it is up to the Area Planning Board
and the Department of Po!lut~ion Control. Dctualty, our voice doesn't
seem to carry much weight with these bodies.
Mr. ]Clinck: I~m prett~y sure that if the City of Boynton Beach goes to
the Area Planning Board with the request that they be gmanted a waiver
of the prohibition against interim plants within its City limits or
the City service area, and that they be pemmitted to establish interim
plants based on certain guidelines, they they'll be granted that. I
can't guarantee it ...
Mr. HarmeD/rig: If we went to them at the same time and asked for
permanent, I think we would probably be denied at this time.
l;m. Klinck: I believe, I think you shouldn't want to ask for a ¥~permanent
... that's my point at this time.
Mr. Harmening: I agree with you in that respect.
~,~. ]qlinek: Well, the City is the only one that can get that concession
from the Area Planning Board.
Mr. Wallace: Mr. Simons~ by the wording of this, does this give the
City the opportunity to go in either direction?
- 14 -
~&INI1TES OF SPECIAL ~ETIi\TG OF CITY COHNCIL
OP THE CITY OF BOYNTON BEACH, 1.&AY ~, 1973
t~. Simon: The ~y it applies, as you see at the very beginning of No,
it says, ~as is or may be required by the applicable government bodies,
including the requirements of the Cit~y Code. ~
Mr. Wallace: By this, is the City protected . .. does it also take
care o£ what Mr. Xlinck has just stated, and also what Mr. Cooper has
just stated~
1~. Simon: In my judgment, I think they are talking about the same thing.
Mr. Cooper: May I go to the water for just a minute? And this again,
was a change from the ~/28 proposed agreement that Pit. ]Clinek had. This
is paragraph 5 of the new one ... I would like to read that ... that's
page 6. (Mr. Cooper read the follo~mlng into the minutes, taken
the Stipulation and Agreement, as Revised May 3, 1973):
5. The city of Boynton Beach and Palmland have diligently
attempted to arrive at a solu'~_'on to the problem of furnishing potable
water for the Charter World project. The City is desirous of expanding
its water trea~nent facilities to serve~ not only Charter World but,
additional City areas. Palmland is ready and able to immediately eom-
menee construction of permanent water t~ea'c~ent ~aeilities, in stages:
to coincide with its development rate, thereby insuring the availability
of potable %.~ater insufficient quantities for its needs, vrithout excessive
initial expenditures for excess treatment facility capacity. Pa!mland
is prevented from pro%~iding, other than in stages coinciding v~ith its
development, the entire cost of the ultimate water treatment facility ~or
the entire project, The City does not have available, on hand, funds v~th
which to provide expanded ~ter treatment facilities nor has it defi~tive.~
determined the design, funding sources and methods and completion dates
of said facilities. Pain, land must be assured that sufficient quant~2ties
of quality water are available to allow the immediate start of develop-
ment of Charter World and to allow it to eontinue development that is
orderly and sound eeono~iosl]y.
The above problems of the City and of Palmland are of an engineer-
ing and fiscal nature and require in-depth technical analysis for ultimate
solution.
in order to resolve this aspect of the dispute between the City
and Pal,&and, the parties hereto agree that the engineerin~ representa-
tives of the City and of Palmland will in~ediately confer and make all
reasonable efforts to ar~ive at a fair and equitable solution to provide
potable water to Charter World.
It is the specific intent of the City and Palmland that the
technical representatives will arrive at a solution providing the
necessary potable water to Charter World in the same quantities, at or
about the same times, and at or about the same rate of expenditure as
Palm!and would have experienced had it designed and constructed a
facility in stages to service Charter World.
- 15 -
MIk~dTES OF SPECIAL MEETING OF CIT~ COUNCIL
OF THE CITY OF BOYNTON BEACH~ ~.~AY 4, 1973
Such solution must provide adequate assurances to ~he City that
Palm, and will ultimately pay its pro-rata share of the cost of such
facilities. Such solution must provide adequate assurances to Palntland
regarding the availability of potable water, both as to quality and
quantity at '~imes certain, with payment by Palmland to be within its
economic parameters as above described. ~urther, the solution shall
give the City an option whereby it could elect to have Pal~tland design
and construct a permanent facility which would become the property of the
City. The solution shall give Palmland the optiou to design and con-
struct according to the standards of all applicable governmental agencies
or bodies and including the requirements of the City Code of Boynton
Beach, an inte~?im water treatment facility at its cost, if Palud~nd
determines that the city cannot adequately meet its projected develop-
ment requirements for potable water. Palmland will remove, at its sole
cost and expense, any such interim facility at the time the same is
phased out. The City ~_ll accept responsibility for operation and
maintenance of the interim water treatr~ent facility after construction
is completed at the date of start-up. Costs for operations and maintenanc
of said interim water t~eatment facility in excess of revenue, as de-
termined by acceptable cost accounting procedures, wi]_l be borne by
Palmland until such time as revenue equals or exceeds cost.
The technical representatives shall present their solution to
the City and to Palntland and each shall have the right to approve or
reject the same. Said solution, if acceptable to the City and Palnfkands
shall be agreed to in writ-lng and each of the parties sDs~l do all
things necessary to effect the same. ~ne technical representatives
shall present their solution, in %~iting to the parties on or before
July 15S 1973.
In the event no solution is agreed upon, the Circuit Court shall
retain jurisdiction to detern~ne whether the City is able to timely
furnish this necessary municipal service to Palrmland.
After reading the above: Mr. Cooper continued: %'~at we think this is
sayinq, may it please Council, the engineers can work out the water
problem ... our water problem ... your water problem ... to try to sit
here and do it back and forth is aln~st an impossible task. We ~eel
that the City is protected because we got no water uuless we work out
an agreement %~th you. We feel that you all want some revenues and
all, so you'll try to give us water ... and so Mr. ](linck, my question
with re~erence to that approach to rather than try to work out here the
details of the water, is to turn it over to you experts and let you all
find the solution for us.
~. Xlinck: Mr. CooperS I think this does pretty well parallel what
I ... and put do~n there.., on interim plant.
~,iro Cooper: I know youdidn~t have this report and I didn't have
yours on the interim plant ... maybe we were thinking about the same.
16-
~,[INDTES OF SPECIAL ~;~ETING OF CITY COLhNCIL
OF T/{E CITY OF BOYNTON BEACH, ~&AY 4, 1973
1~. ]Clinck: I just have t~o very sn~il! notations, on Page 8, six lines
do~t% where it says that~ ~Tf Painlland detemmines that the City cannot
adequately meet its p~ojected development requirements for potable
water, ~ it allows Pa3J~tland to make the dete~nation that they could
go into water treatment faeilit~M, i tbil~c that we could make that
determination right now that the in~erim water treatment facility would
be the only way that Palmland can get sufficient water capacity be£ore
1976.
Mr. Cooper: Fine, sir. You engineers ~ite that down for us. That's wh~
say, rather than us try to sit here and debate ...
Mr. ]Clinck: ~nless we went this route ... this option that I put up
and I didn't put that option in there with the idea of tryin9 to stied<
Palmland for some o~ the City's expense. The reason ~or that is a . ..
as I think, a million gallon water t-~eatment plant that you're going
to have to throw away, is going to cost you a little bit o~ change, and
if you could use that money towards your future eomuection charges and
not have to duplicate it and could see the way to lend the money to the
City for its own plant that would be better for you and the City.
Mr. Cooper: Ail right ... again, I~m trying to get me out of this and
get our engineer in it~ in diseussin~ it ~ith you~ I ~.R!i reply to that.
We have an econo~go problem where our lender says no, we wOn't front
in the money, when we don~t know when it's coming back. I mean, ~en we
can get the water, ere., etc. This is something that I think you
engineers --- you know when you have time to sit down and ~rk it all
out ... can work it out ... and our engineers know our budget can work
it out so that it will work. I have confidence in that or I wouldn't
propose that it be handled tl~i s way.
Mr. ]Clinck: W~]], there's a good possibility that if the new wires and
some modifications in filtration rate and so on, we might be able to
take care of Palmland during the development period and ...
Mr. Cooper: %~at~s exactly right ... exactly right, and then you leuow,
we're in great shape. But again, I think you say~ there is a possibility
and you don't --- hadn't had t~-me to give it the thorough study.
picked the July 15th date~ so as to give you time, but not to drag our
feet too long and I did talk %with Emmet Rmy about it and he felt that
was sufficient time for you all to york towards ... (Pause) ... if you
have no objections to it.
~,~r. Xlinek: It looks reasonable now ... just don~t shut the door on
July 15th, i~ you're still seratehing out the last ~ew pages.
Cooper: Fine, just don't let ~em foreclose on us, you know they
don~t wait.
Roberts: Mr. Eline~ does Chapter 8, as it continues on Page il,
eonfliet with your re¢on~aendations? I guess that's where the permanent
~ 17 -
MINUTES OP SPECIAL MEETING OF CITY COLhNCIL
OF THE CITY OF BOYNTON BEACH, ~3~Y 4, 1973
plant comes into being and I believe that you questioned that before
anyway.
Mr. Cooper: Where are you referring, Mm. Roberts?
Mr. Roberts: Top of Page 11. Is it in conflict with your recommendation?
Top of Page 11.
i~ir. Cooper: Mr. Roberts, if t may, that copy is the Code ... Iean read
it to you out Of the Code.
Mr. Roberts: Don't have
Mr. Cooper: All right, so, that is ~ne last sentence ..o down to the last
sentence is copied from page 418.20 of your Code.
Mr. Roberts: That's on the basis of permanent plant, but not on an
interim.
M~. Cooper:
that we no~
here.
Yes sir. We don~t ask for anything on the interim, except
be recharged heel% which is the thing we were discussing
Mr. ]qlinck: This is reasonable sir, and again, hoping that we are not
requimed to, or don~t hmve to go to permanent plant ... (??)
Mr. Roberts: Did I get an answer to that question on an interim basis?
If a few h~ndred units were hooked up, that the other 6,000 hook-ups
~Duldn~t be waived but on the interim they wouldn't be waived an~vay.
Is that right?
Mr. Klinck: iTight[
Mr. Clark: In this connection I have been speaking with };mo Cooper, and
I~m ... and I think he was a little bit mixed up with us sharing a
treatment plant with De!ray, but as Mr. ]Clinck indicated a while ago,
we are still a service area agency and everybody in the Cit~ comes
under the same ordinances, which mention a connection fee, and my
sugges~cion is that another sentence be added at the end of that para-
grain ... the first paragraph on Page 11, thatsays ~dwe!ling units or
equivalent~ not served by permanent facilities paid for by Palrm!and
will be required to pay umit connection charges.~ Now~ I think this
is already taken care of as far as the water is concerned. But this
would clarify their participation when they provide interim facilities
or any other l~nd of facilities. If it's pez~nanent they wouldn't pay
the connection charges. Now the question -- what, l~k% Cooper is sayinq~
I think, is that if they have to build interim facilities that are used
for any significant length of time, that he thinks that those connec-~ion
charges should be waived also, for the units that they serve. Now tl~is
is a question that has merit, since the City is in fact building their
own interim faeilities, although, these eo~nect~ion charges will never
- 18 -
MINVdTES OF SPECIYL M~ETING OF CiTY COUNCIL
OF THE CITY OF BOYNTON B~.CH, MAY 4, 1975
go to a permanent facility i~ they're waived for an interim facility.
Do you agree with what I~m saying? ... I mean ......... You may not
understand what I'm saying, but I think this is what's consistent
with out ...
Mr, Cooper: Let me get back to simple things and numbers. If we put
in an interim waste water plant and there are 200 people hooked up on
it and we tear it down, we don~t want to pay the connection charges
on those 200 for the ether 6,350, or ...
Mr. Harmening: That's right~
~r. Cooper continued: ...... 6,500 units as the ease may be. No ...
the fee is not waived or anything. We've torn down the plant, moved it
out and paid the connection charge. We would, in my understanding ...
and what we would like is where we furnished the plant and your collect-
ing the revenue either by ... and it may be ... it will not be a loss~and
I dontt know if it will be a profit. ~ make up until you break even
point, but we don~t pay the connection fee on those units.
Mr. Klinck: Itd like to clarify in my mind what you 'ye said, and I think
I can do it better 9~th a question. Do you mean that the units that were
hooked up to this interim plant will be forever eWempt from paying
connection charges, even when they do eventually tie in to the Boynton
Beach system?
Mr. Cooper: Ail right, sir, h~re is where I get in the problem and
maybe where I get it confused with Delray. If Boynton Beach doesntt
have to spend any money to build a p!ant~ then ... you know, I hate
to pay it, if they expand their plant or something, then I think it's
fair. You know ... where if we just run down the line and again Mr.
Klinck, I don~t know ... understand water and sewer ... don't know
anything about it. I try to look at it fair, and m~ybe I'm comparing
apples and peaches, but if you build a plant~ it seems like to me ...
that services, we ought to pay it. /~ it goes off to some other plant
that you didn't build, I don~t see why we ought to pay it~ but maybe
I~m blind.
Mr. Klinok: You understand that if Boynton Beach does go the route of
tying into Delray disposal facilities, they will have to pay for their
share of treatment capacity ar~ disposal in that plant ... whether ...
up here or that one ... They've got to pay it -- they've got the expense.
Mt. Cooper: How do they pay for it sir? In service fees as a capital
outlay?
Mr. K!inek: It'll be a capital outlay. ~.~ether Boynton pays it or
gets federal funding ~or it or whichever way itts got ... Delray isn't
going to finance that for Boynton Beach.
- 19 -
MINTdTES OF SPECIAL MEETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, MAY 4, 1973
Mr. Cooper: If the federal qovemnment gives it~
even up in Orlando ... you know~ that, s hook-up~
the line down there.
I'm giving my share,
now that's running
Mr. Klinek: That's what you're talking about~ isnft it?
Mr. Cooper: No sir~ wefre talking about ...
Mr. Klinek: Let me get back to the statement t made a little while
ago. Youtre dealing with Boynton Beach in an effort to get Boynton
Beach tomake a commitment to eventually provide you With treatment
capacity.
Mr. Cooper: Yes sir~
M~. Klinck: .... Both water and sewer.
Mr. Cooper: And if Boynton Beach builds it~ I think it's imminently
fair, if the City makes a capital outlay ... It's imminently fair
that our interim hook-ups or future, obviously, that they be corrected
if the City is not required to make a capital outlay then don~t wind-
fall from us.
Mr. Roberts: Well, that's the question I've been asking for the last
three times. I said what happens after the interim plant is discon-
tinued, and there's another 6,000 units. Are you going to exempt those
from the hook-up?
Mr. Cooper: No sir~ No question on that.
Mr. Klinck: I don~t think anything should be exempt. I don~t think
even 7 units should be. I think the connection charges for every unit
that is connected to the Boynton Beach system, whether now or after
the removal of the interim plant, should be paid to the City of Boynton
Beach.
Mt.Roberts: Well, that seems to be the bone of contention then. Some-
onefs going to pay it ... if we:re tied t~to Delray, we'll still be
liable somewhere along the line ...
Mr. Cooper: If you pay it in the form of monthly service fees, then
thos e people are paying those shares is my only point, sir. If it's
capital expenditure, then I think it, s only right we come in and pay
it back.
Mr. Roberts: If it's still under constr~etion .. that is, if Palmland
is still under construction, I~m sure that there will be some kind of
charge assessed to somebody.
Mr. Klinck: You have not been dealing with Delray Beach ... It:s too
bad that Delray Beach was brought into the picture from the standpoint
of this future regional plant, because you're dealing with Boynton
Beach.
- 20 -
MIR~dTES OF SPECIAL MEETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, MAY 4~ 1973
Mr. Cooper: Yes sir, I appreciate that. I~ve never been to Delray,
I've been to Boynton ...
Mr. Clark:
charge ...
a~ea.
Ordinance 72-24 -- that says something about connection
we're stuck with that all over town in our entire service
Mr. Cooper: Your ordir~nce, as you so pointed out, does not cover
interim facilities. You know~ thatTs where we got the hiatus, Mr.
Clark. You really don~t provide for an interim type situation.
Mr. Clark: Yes~ but if I understand you correctly, you're saying if
this 7~000 units or 67000 or 37000 go into Delray~ you don't want to
pay connection costs.
Mr. Cooper: No sir~ I say ...
Mr. Clark: Our ordinance requires it.
Mr. Cooper: They are all going to Boynton, but if Boynton has no
capital outlay ...
Mr. Clark: This ordinance does not say anything about our capital
outlay. It says something about a connection fee.
Mr. Cooper: Yes sir~ you have a connection charge which includes a
connection fee and a capital improvement fee. Term is connected ...
Mr. Clark: Capital improvement fee ... that's when the City extends
its sewer, and nobody~s there to pay for it, they say we're going to
charge you when you hook up, and ..,
Mm, Cooper: It doesn't say that in here. It talks about the ...
Mr. Clark: I'm telling you what it does say in there. It says, it
explains what a capital improvement fee is, which we're not talking
about because you're going to pay for all your transmission facilities.
We're not talking about a capital improvement fee~ We're talking about
a unit connection charge.
Mr. Cooper: A connection fee, or connection charge?
Mr. Clark: Whatever the book says there ... youTre looking at it.
Mr. Klinek: Connection charge equals connection fee plus capital
improvement fee. So cancel this out and just use the term connection
fee.
Mr. Clark: Yes, cancel this out and forget about the 5 0 ... then 195 +
0 is equal to 125.
- 21 -
MINtdTES OF SPECIAL MEETING OF CI~ COUNCIL
OF THE CITY OF BOYNTON BEACH~ MAY 4, 1973
Mr. Cooper: So you're tal/~ing about the connection fee, not a connec-
tion charge?
M~. Clark: Yea~. Connection fee.
Mr. Cooper: Yea~. Not a connection charge.
Mr. Klinck: Mr. Cooper, I~d like to resolve as my recommendation to
this to the City, and it's the last paragraph under alternative ~'A"
and I~ve repeated it ...
Mr. Cooper: Can I look at one of those?
Mr. Klinck: Yea! I'm gonna read it to you ...... I~ve repeated it,
too in the first paragraph of the conclusion, where I said that ...
under this plan, the interim plan, the construction, operation, maintenanc
and renewal of interim plants should in no way obligate the City's
current regulations covering connection charges ... I don~t care what
you call them~ fees~ charges or dues, monthly service charges and
other things pertaining to sub-division development. I think the
interim plant is something that is bid through developer's convenience
because he can't wait for the City to provide the service and if he
wants to go before the City is capable of ~t, well, that %~ill be out
of his pocketbook, not the City's. I think that's the way most cities
are looking at it.
Mr. Simon: Tom: can you explain the difference between tap-in fees
and connection fees?
Mr. Clark: It's my understandi~ that if our ordinance refers to a
tap in fee, it's referring specifically to a meter charge which in-
eludes the actual physical work of connecting the meter and it's not
I~m not certain it's mentioned in this water and sewer ordinance,
~ it's got nothing to do with that, it's ... the connection fees
that I'm referring to, are for~ if you got a condominium of 20 units --
when this is connected to the City treatment facilities, you pay 20 x
for water and 20 x 250 for each dwelling unit. That is, 20 x 250 which
would be 5~000, and this refers to each dwellinqunit or equivalent.
Now, the capital improvement fee which is also mentioned, is that
minin~m fee that is charged when the City extends a sewer line
water line along developed or undeveloped property ... presumably
undeveloped property, and then charges individual homeo~ners or whoever
a minimum charge when they ~ie into the system. Now, this 250 as far
as this sewerage collection system goes itself, this includes ... the
developer, in this case, is going to put in the sewer lines, the service
laterals, the plumber is going to make the connections and everything
else so the City's not ... really doesn't make a~v of the sewer connec-
tions at all, at their expense. They inspect the sewer connections.
of course, our ordinances require that the developer pay for inspection
costs also~ but this is something else ..o that's in the ordinanees
also. But the physical connection in the meter: I presume are the tap-
in fee that you're referring to, Ernie. Is that correct?
MI~dTES OF SPECIAL MEETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, ~LAY 4, 1975
Mm.Wallace: Let me ask a question, and Mr.Klinck, also, as far as
clarification. A while ago when you were speaking -- all right, the
next time the City goes out on a bonding program or bonding issue as
far as to increase facilities, that we must present a rated scale
that every person in this City is paying exactly the same amount,
so to speak.
M~. Klinck: ... within certain categories.
Mr. Wallace: R/ght~ Within certain categories, right! All right,
M~. Clark, at the present time, on the reconmendationof what we'll
say~ you just made, we'll say at the present t/me, on an individual
home. Is this not our policy at the present t/me?
now,
Mr. Clark: Outside of the City limits, this ordinance becomes effective
inside of the City limits in my opinion, the way it reads, January t,
1974. In orther wo~ds, all of these charges will be imposed in the City.
Starting 1st of January, they are presently imposed, although we don~t
have many instances where we've had them imposed outside the City.
Mr. Wallace: Now, let me ask the second question on this bit now.
We:ye talked about individual homes, now if we talk about multiple
family housing units, isn't the charge different? Now, is this what
we were talking about?
Mr. Clark: When we say equivalent family dwelling unit, this has got
some flexibility, only in the event it's establishing or serving a
commercial establishment. But you have to equate the flows to an
equivalent family dwellingunit. Now, of courseS some houses are
larger than others~ but a single dwelling house would pay the 250 just
like a one bedroom apartment. In other words ...
Mr. Wallace: In o~her words, all the fees connection fees, all of
them are the same ... but there may be only ong. meter to go to four
units instead of one.
Mr. Clark: There may be one service lateral or one house sewer or
one building sewer that would serve 20 apartment units and there may
be one meter that would serve 20 apartment units. But the connection
fee would apply to the R0 units. The meter fee would be one meter
for each ... say, each building, and that would vary with the size of
the meter.
Mr. Wallace: Thank you.
Mayor Jackson: Mr. Cooper, did you want to say something more?
Mr. Cooper: No Ma'amS I just came back to answer any questions.
Mayor Jackson: Does anyone have any m~re questions?
Fir. Harmening: Maybe Mr. Barrett might have a question regarding
MI~dTES OF SPECIAL /~EETING 0F CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, ~Y 4, 1975
site plan approval in here. I~ve never ... there's never been any
kind of stipulation contained in any of ~ese agreements. I think
we touched on it briefly.
M~. Cooper: No sir~ we haven't commented on it because v~re not
asking for it to be waived or anything. We make the ~efe~ence to the
zoning classifications as existed but to nothing else. We went over
that pretty thoroughly with Mr. Simon.
.Barrett: ~ t.hink the only thing on this was at the time of.sub-
mission for building pe~its that we be provided withan overall plan
s
ectlon by section showing site locatzon , etc., etc., which of course
isn't mentioned in this agreement whatsoever.
Mr. Harmening: That was your understanding in this.
¥~. Cooper: Yes sir, and it is our understanding there's some
beautification act or something that we come under that also.
Mr. Wallace: I think you'll find this in the previous minutes if you
go back because the questions were specifically asked or specifically
stated that they would provide that they would go by these specific
ordinances and they did relate to each one as an individual, and I said
I thought that, in other words this was done at the previous times
with it, at least that was my u~derstanding of reading it.
Mr. Harmening: Well, it was mine too~ but I just wanted to be sure it
was on the record that this stipulation agreement didn't 9~andfater
out any of our newer ordinances.
Mr. Cooper: No sir, you get into a drafting problem if you start
trying to say I'm going to follow everything ... you know -- I mean,
we're not going to speed either, or don~t expect it to be waived,
but ... and I don~t mean to be ~acetious on it, but we have asked what
we have set forth the things where we thi~k there was a controversy
and we do.
Mr. Harm~ning: A disagreement.
Cooper: Yes sir~
M~. Harmening: O.K.
Mr. Roberts: As far as the end result o~ this debate now, Mr. Klinck,
who's ahead?
~. Simon: M~. Roberts, I'm glad you asked that question, because
I wanted to hear the answer.
Mm. Roberts: I saw a conference over there ...
MINUTES OF SPECIAL MEETING OF CITY O~dNCIL
OF THE CITY OF BOYNTON BEACH, MAY 4, 1973
Mm. Cooper: I don~t know if we're confused ... this ordinance goes
into effect 5_nside the City next January, or at least that's what
it says /n the ~ook I~ve got. I don't know if you charge these fees
to the folks that are on the 1/ne r~w or what' s been charged them.
I don~t think yc~'re going back and charge them when you hook into
your regional or your new plant. Again~ I come back on a basis of ...
just in my mind a !ay approach to it, that if you spend some capital
funds to build something for us to use, we want to pay for it. If
we're going to pay for it in the monthly service fee, they're going to
do that anyway.
Mr. Roberts: Well, I can understand, if you continue to build and
the entire project finished but if it' s an intezdm plant and you only
hook Up 500 units, I say the other 5,000 ... there:sstill the question
as to what happens to them,
M~. Cooper: Well, if we speculate on that sir~ what if our interim
plant is there ... use the year 1975, I believe, M~, Klinck. What if it~
there in the year 19807 You know, where is interim and where is pez~nanen~
There's got to be some equity somewhere. You know, we built a plant
to handle 6,700, 6,550, whatever, the capacity is if it's still there
in 1980. I don't know that it: s gonna be there and so this is where
I come back if the City spends capital funds to do this to service
them, I'll pay it. If it's in the monthly ... whether it's tj~ping
into Delray, tying into your plant or whatever, if the City puts out
capital funds, we ought to pay for the past and the future. If they
don~t put out capital funds for the past, it just doesn't seem fair.
Mr. Wallace: Mr. Klinck, let me ask a question on say, clarification
here. Let' s say, what~ s going back and forth .... in other words ...
what's on this give and take issue at the present t/me, of which they
specifically state and say that it can be worked out as far as
engineers. In othe~ words, if they can set down. Now, would what
we're talking about fees and so forth, would it also fit into that
specific category?
Mr. ]Clinek: I think it should. I th/ok it's a matter of technical
facts, dollars and cents for feet of pipe and so much construction
and the figures ... There's got to be an area in which we can agree.
Mr. Wallace: All right, now. This is the next question com/ng down,
we'll say to this particular point. If what they are saying, if
they are willing to sit down with the City and with the Engineers now
to work out am/able agreement, the City within itself is actually as
protected at this partieula~ point because if you can't work out an
agreement there, is it not true that the developer would be the loser
because everything out there stops?
Mr. Klinck: That's right~
- 25 -
MINI1TES OF SPECIAL I~EETING OF CITY fDI1NCIL
OF THE CITY OF BOYNTON BEACH, MAY 4, 1973
Mr. Wallace: And if they can't save it, then it's null and void ...
I mean, the City is still protected~ but these people are completely
without. So, I think it behooves, %~11 say at this time ... that
it also in this particular instance, I think possibly looking at it,
gives the City an edge to the point of what you're really asking the
developer to put into the thing~ with it. And if everybody goes into
it with an open mind to this pa~ticu!ar point, _T said these things can be
worked out for the best interest of the City, And what they're actually
saying if it's not worked out to the best interest of the City, they're
out. Now, this is the way I understand this; is this correct?
Mr. Xlinck: Yes sir, and may I add to that. I have not had any
communications with the developers or the engineers other than in this
room ... and we have come in here today separately~ different ~outes,
~rith essentially the same thing with slightly different wo~ding in it,
and the only ... (end of reeoz~d) ... is their mention of permanence
which I don~t think can be done or should be done: but t think under
the points ~hat M~. Cooper has made that we're pretty certain we're
going to go tempo.rary anyway. It's going to be up to the City to go
to the Area Planning Board ~nd request what they want. So
it' s still in your hands.
Mr. Wallace: In or_her words this is what I ... specific statement
that I'm asking ... in other words, let' s say that if everything else
within this was somewhat agreeable as far as to the Cour~il and the
~,~ay that this is worded, and Mr. Simon~ if this is tr~e~ in eonfi!~na-
tion that the way this is worded it leaves the City, ~!1 say the full
protection as far as the arbitration of the issues are concerned with
it. So in this manner, we conld ... that it could possibly be accepted
on that basis or rejected on that specific basis, whichever the direc-
tion, the way that the Council wishes to go. Is this correct?
Mr. Klinck: Now I~d like to repeat now ~at I said the first time I
got up here a couple of meetings ago ... in that my remarks were
addressed solely and specifically to the water and Sewerage aspects of
the agreement. %~ have not had anything to do with reviewing the
other portions of it.
Mr. Roberts: I hate to belabor the thing ...
~. DeLong: Even though I am not participating in the negotiations ...
but trying to get this thing moving along, I think it would be advisable
to instruct our City consulting engineer to meet with the Palmland
officials and come back v~th the agreement d~afted the way that they
feel as though beth parties can live with it. The consulting engineers
can always avail themselves with the services of our City attorney.
I believe this would be the proper manner and fashion in order to
resolve this present situation or impasse as it would be. I don't
think that if you sit here now 'til 5 or 6 o~olock tonight ... I guess
it's getting near that time now ... you'll never resolve it here. tt
seems as though it:s a question between the engineers. That's the way
it appears to me.
- 26 -
MINUTES OF SPECIAL MEETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, MAY 4~ 1973
Mm. ]Clinck: ~ir. DeLong, I don~t feel ther~:s any impasse, I think
the general expression of the provisions of these plants is fairly
mutual in scope ar~ in intent. The only thin9 that we haven~ definitely
resolved is the one point about the difference in these connection
charges and _r ... my statement there is pretty clear that they should
be treated the same as any other custOmer on the system -- that these
connection charges in that ordinance apply when they come in for the
eonneotions~ they should be changed.
Mr. DeLong: Well, M~. Klinck; maybe the ~/d was not appropriate, the
~impasse~' but let~ s put it this way, we're got gettir~g anyplace here
now. It don~t seem as though we're going to until you people get
together and see what you can work out. That~ s the way it appears
to me.
Mr. Clark: I keep speaking mostly of details of final costing and
planning in the ... engineering ...
Mr. DeLong: Pardon me, Mm. Clark, aren't you referring mostly to the
final details of engineering ... you two should get together.
Mr. Clark: We made provisions for this ...
~%lr. DeLong: Are you prepared now to close them?
Mr. Cooper: Yes sir~ this is the summation that ... for the settlemen~
that they get together ...
Fm. DeLong: Do you agree to this?
Mr. Klinck: I think that should be up to the attorney to answer.
Mr. Simon: I think that, that one paragraph was designed for that
very purpose, Mr. DeLong. Tb~t~s the reason for that one paragraph
to allow the engineering people to get together and work out a solu-
tion. The agreement here spells out the criteria and guidelines fo~
them to the extent it man be done. Prom that point on, it's truly
engineering. And they'll work it out. And we are both ... Mr. Cooper
and myself, are both available to assist them in that regard, but they
are the ones who are going to have to work out the engineering aspects...
and we're at that point. The only question hanging right now, as Mr.
Klinok says, he is not satisfied and there is a complete meeting of
the minds in regard to connection fees, and they can go back into the
room for three days and they'll still be at the same point. I think
ultimately this Council is going to have to decide what it wants to
do.
Mr. DeLong: Well, the point I~m trying to arrive at here now, if
that these two people can have a meeting of the minds, can they meet
today and have a meeting of the mind ... is it going to be tomorrow ...
and are they going to come back ~ith their final decision to the
Council before the action is taken by the Council?
- 27 ~
MiNOTES OF SPECIAL ~tEETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, F~AY ~, 1975
Mr. Simon: The only meeting of the minds that' s going to be necessary
is under that one paragraph that was ... No. 5, and they:ye got until
July 15th under the tel!ms of this agreement to do that. That~ s the
only thing left to be done by them .... and I agree with you, Mr. Cooper
and I are both available to the engineers in putting together the
final solution, as it' s called --- that is already provided for.
Mr, DeLonq: Can they then come back to the Council?
Mr. Simon: Yes~
Mr. Wa!/ace: Did they not also stipulate at ti
!5th was not an absolute permanent date just
drawn out ..o I mean to work with ... I mean ti
that I had.
Mr. Simon: Mr. Cooper, July 15th is the targei
over a few days, you're agreeable to that provz
prejudice you in a great way?
Mr. Cooper: On or about July 15th.
Mr. Simon: I think if we just change it on or
factory ... and one other thing, let me ask yo%
raised the point, on Page 8, the sixth line
on the sixth line are "if Pa]inland determines~
we could just change that to read: ~'If Palmla!
at time that July the
long as it was not
~is is the understanding
~date, bu? if it goes
ded that it doesn't
about would be satis-
this. Mr. Klinek
the last three words
ind I wonder if maybe
d and the City agree,~
or something a.long that line, because i[f they agree fine, if they
cannot agree, it' s going to be dumped in the c~rt anyhow.
_
!
Mr. Cooper: All right, f~ne, let me just chec~ that but it sounds O.K.
_
Mayer Jackson: Jack, did you want to say somethmng?
Mr. Cooper: If Palmland and the City ...
Mr, Roberts: Could we take a 5 minute break, Madam Mayor, 'so we cs~
discuss this for 5 mmnuteso
Mayor Jackson: 5 minute break.
(Discussion was held among Council members.)
Mayor Jackson: Are we ready? I guess we're through. Ail the con-
ferences over with?
Mr. Cooper: Madam Mayor, I think we can have a possible solution to
this connection question, subject to the Council~s approval~ which
wording to the effect that in the event that the interim plant is
built ... this water treatment I mean waste water treatment, that
the connedtion fees would be charged, less the net cost of the interim
- 28 -
MINUTES OF SPECIAL MEETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, ~Y ~-, 1975
plant. The net cost being the purchase price less salvage ... you've
got the repros there, Mr. Clark~ is that essentially what we're talking
about?
Mm. Clark: W/~at we discussed was that cost of the interim facility ...
gross cost, less salvage value, that connection ~harges in the amount
of this cost would be waived by the City o.. and connection charges
imposed on those connections over that cost to the Palmland.
Mr. Hanmening: That certainly sounds like it would be fair to me.
Roberts: Are there any suggestions, Mr. Klinck?
Mr. Kl/nck: This sounds as if the developers would he asking the City
to help pay the cost of their interim plant ... and I don't think the
City should participate in one dime of it. If the interim plant is
being provided for their benefit and I don't see why the City is 1/able
to participate in it: I think that the connection charges if collected
could be applied to the cost of your project. This is where the money
ought to go.
Mr. Cooper: This plant is for our benefit. It's for the benefit of
the citizens of Boynton Beach also that use it ... you know. It gives
them a facility, those are, I hope, will be considered citizens out
there.
Mm. Roberts: I just wondered if perhaps we shouldn't move on this
and you have a date set up of July that perhaps the engineers and
everyone else can get together and resolve it by that time. I think
that would be an acceptable t~mporary solution.
Mr. Cooper: You're referring to the connection fee question as well
as the water treatment that's contained in there.
Mr. Roberts: Well~ the connection fees and other charges as I say should
be applied as to other developers under the provisions of the applicable
codes and perhaps they could ... work it out by the 15th of July some
way or another.
Mr. Harmening: I~m not sure that the connection fee actually comes under
th/s paragraph 5, which we are turning over to the eng/neers for
arbitration.
Mr. Cooper: That had, I believe, to do with the water treatment facili-
ties.
Mm. Roberts: I think the water is pretty well settled, isn't it?
Mr. Cooper: Yes sir, that's what paragraph 5 gave to the engineers
was the water treatment problem.
Mr. Roberts: We' re talking about the interim sewer plant.
- 29 -
MINUTES OF SPECIAL MEETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, MAY 4, 1973
Mr. Harmening: May I possibly offer a suggestion? Since we're not
charging this connection charge until 1974, except out of the City,
and these people are in the City, why dontt we t~eat them the same
in this basis.
(Talking from the background)
Mr. Harmening: This originally came about ... we had part of the
system, we didntt charge -- we built additional systems, and we didn:t
charge any people ... this connection charge after a certain day,
right? And they the whole thing ... but We did cha~qe people outside
of the City I/mits for these ... for services.
Mr. Clark: M~. Harmen/ng, you, re referring to our water and sewer
ordinances, right?
~m. Harmening: Ahem.
Mr. Clark: We haven,t extended any sewer lines outside of our City
1/mits~ so, except one guy's request didn:t pay his $250.00, etc. and
he is gonna exter~ the sewer line outside the City 1/mi~s.
Mr. Hamening: He:s paying the connection charge.
Mr. Clark: R/ght~ But the idea was that when this ordinance ... I
would presume the idea was, that when this date of the 1st of January,
~74 was imposed, it wouldn't work a hardship on people that were already
building but had not asked for a C.O. In other words, it was something
they wouldn't have anticipated when they got their building permit
that they would be charged $250.00 when they asked for a C.O.
Mr. Harmening: ~ never charged anyone except this one man, then.
There's no one else ... outside the City ...
Mr. Clark: The only deposit we got ... is one deposit of $250.00 for
one guy east of the county line up here off of Grove Street ... he~s
in the county and that sewer is available so he ~equested that he be
extended a service ... a street lateral to serve his property ... and
he went through the whole bit and he paid the $250.00. I think he
gave it to Mr. Barrett. I don~t know who he gave it to, but ... he
gave it to the people downstairs..
Mr. Hannening: Well, actually the sel~rice connection, as far as
s~wer is coneerned is silent then until 1974.
Mr. Clark: Inside the City 1/mits.
Mr. Wallace: This is inside the City limits.
Mm. Clark: Right% But he doesntt have any C.O.'s until after 1974 ...
the ordinance is in effect as of 1st of August as of last year, so
what it means is when he says I want a C.O. for 20 units, the connection
50 -
MINUTES OF SPECIAL MEETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, ~MAY 4~ 1973
fees become due.
Mr. Barrett: i donft think so, I thi~ itTs upon the application for the
building perm_it, so any building permits he applies for before January
17 1974 -- itfs got to be before 1/4/74.
Mr. Clark: This could be the way it should work ...
Mm. Harmening: It would be one way of shifting the burden of this
thing ...
Mr. Clark: How many building permits could you ask for ... 6,700?
Cooper: We are not trying to circumvent by ...
Mr. Ha~mening: Well, I~m only trying to resolve the impasse, so to
speak.
Mr. Wallace: Once again, coming back to this point though, as stated
previously and I think that the City Attorney boreout the fact that
you've got until the 15th~ give or take those days that are in there
as far as that particular point or period of time. The only ... we'll
cay snafoo? or hang-up at this particular time is, we'll say as far as
engineering ... and we'll say and if you refer the engineering to the
point of the city engineers as well as consultant engineers and these
people, and once again if theme's no agreement ... in other words, if
an agreement cannot be reached that's out there~ the City to this
point has nothin9 ... we'll say ... weTre protected. Because the
burden at this point is going to fall to the point as far as the
developer because he cannot develop without sewer and watem ... and un-
less they can come ... we'll say~ and we can work out an amiable agree-
ment, or again there is that other alternative or stipulations that
may be open to those developers that we~l! say, outside the rea/ms
of which we're now specifically talking about and I say if this is
the only thing and we'll cay to this point~ in agreement to that point...
Mr. Ha~mening: All right now, let's try to resolve this this way. I
think vemy highly of Mr. Clark's suggestion that we allow on an interim
plantg we allow the developer a credit on connection charges for
sewer~ as to the cost of the amount that he has built of the plant ...
the cost of his plant, I assume that he wonf t have built it all and
less any salvage value and we prorate these at $250.00 apiece into
this figure ... and I so move we'll get this thing...
Mm. Wallaee: Before you repeat the motion, let me make a statement.
tnasmueh as we have varied so much from various items~ we'll say
specifically on the agenda and from ~ules of order, you simply give
to this point a specific idea and there are still some other members
o~ the Council that may at this particular point have a question or
something that they would like to bring up about it~ and as I say,
we're here to supposedly to facilitate a motion which will eithe~ 9~ant
- 51 -
MINUTES OF SPECIAL MEETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH~ MAY 4, 1973
or deny, we'll say as far as its total is concerned. At this particu-
lar point you have mentioned an idea as far as a motion. Might I ask
you to withdmaw that at this particular time. You have expressed an
opinion and let any other member of the Council that has expressed a
desire or wishes to express a desire do so and then iron it out and in
in that way you do get a solution this afternoon beeause if you bring
up, we:!l say a specific motion~ I'm sure that;s going to be the end
of it.
Mr. Harmening: Well, that ... I withdraw, rather than explain it.
Ptayor Jackson: Does anyone else have any ...
~. Ro er~s. I was just ... I rm not against his motions or any other
kind of motions, the only thing is I~m asking, I depending on the engineer
Mr. Klinck, who has been called here to ~uide us along the line and if
I was in his shoes, I wouldnrt -- perhaps have his knowledge in the
matter -- I w~uld possibly not have asked him and move along on my own
direction but in this ease, I have to rely on this type of suggestions
and advise. If he feels that it's going to place a burden on the
people of Boynton, then we shouldn't move in that direction. On the
other har~, if it's more advantageous Fo go along with their suggestion~
the connection fees, as ! requested before and allow the waiving of
the fees up to a point that it's taken over by Boynton or may tie in
somewhere, but t caner see just giving them an open book an open
field. '--
Mr. Harmening: We've never charged these connection fees, as the city
engineer pointed out, except in one isolated ease because up-to-date
this con~ection fee has only been applicable to the people outside
the C~ty ... and actually, if you stop and think about it, even
though it's set up by ordinance, it is mute right at this poin% as
to whether or not we would in the future when this ordinance becomes
operative, charge this connection fee. There's going to be a powerful
lot of squawks from a lot of construction people if we start inereasing
the cost of construction $250.00 for a sewer tap. Now, that fact that
we~ve got it in there and on the books, it, s a good idea and makes
bonds a whole lot more saleable, I~m sure~ and there,s nothing wrong
with it, i'm not saying that, but I'm not sure that it will actually
be put into operation when it does become operatable.
~¢r. Clark: I might add something to that ... therers one thing that
is a fact. We do have an agreement with Drexel properties which is
consistent with our ordinance and they are going to pay $250.00 by
agreement and they will pay the $125.00 for water. They're not providing
any on-site facilities but to this extent, our agreement with Dmexel
may not be valid if, in fact, it's not consistent with the City ordinances.
~ut ~m. Harmening brought up a very good point, these amounts may be
subject to change and we may have to renegotiate with ~exel, for all
~ know. This agreement with Drexel is not definite until the City has
approved the plans and specs. This is one ~eason why I mentioned these
MINUTES OF SPECIAL MEETING OF CiTY COUNCIL
OF THE CITY OF BOYNTON BEACH, ¥1lY 4, 1973
connection el~rges is because of this agreement we had with Dmexet,
which is predicated specifically on this partieular ordinance. It's
tied in directly, both of them were approved by the Council on the
s~me date, the 1st of August of last year.
Mr. Cooper: They,re not building interim facilities.
Mr. Clark: They're building tramsmission facilities and on-site
facilities only.
Mr. Cooper: No treatment facilities.
Mr. Clark: No treatment facilities.
Mm. Cooper: That's where we're different.
Mm. Clark: Right~
Cooper: We're building ... we are not eonsistent.
Mr. Clark: You could be consistent, except that we~ve got the wo~d
interim facilities.
Mr. Cooper: That's half the problem because the code doesn't contem-
plate the intemim facilities.
Mr. Harmening: I understand the problem, and I can certainly see
youm point.
Mayor Jaekson: Mm. Wallace, did you want to say something?
Mm. Wallace: No, just that I ...
l~. Roberts: I~d like to make a substitute not a substitute .
If you don~t have anything to add, I~d move that the engineers get
togethem and we have until July 15th to iron it out~ I still have
the motion based on the connection fees and other charges to be applied
as to othem developers undem the provisions of the applicable codes ...
and that way, we can at least move off the base heme.
Mr. Wallace: Can a ... in othem womds: can a motion, we'll say, as
far as it is, be prefaced ... I thought what we're meferring to the ...
reason we~me ~eferring to the engineers and to the group at the partieu-
lam time~ is to iron out the impasse that we'~e in at the pmesent time.
Would you have objections, we,ll say as far as the motion adopting~
with stipulations, that it meets the a~eements, we,ll say of the
engineers, as they come back with the recommendations of the City that, s
brought into us by July the 15th ... I mean it's about the same thing
because this is what they, re going to be talking about.
MI~dTES OF SPECIAL MEETING OF CITY COUNCIL
OF THE CI%¥ OF BOYNTON BEACH, ~L~Y 4, 1973
Fir. Robe~ts: That's the intent of the motion, is to have them come
to some meeting of the minds ... and if they dont t come to some agree-
ment, well, I don:t know where we go f~om there.
Mm. Harmening: Mr. P~berts~ this agreement~ doesntt ,.. we're referring
to the engineers ... doesnTt include the connection charge. That por-
tion is outside of what we're presently contemplating~eferring to the
engineers for arbitration. This is one separate point that is outside of
this area ...
Mm. Wallaee: All right, but here again, these a~e questions, and as
you said that one of them are ... parts of them are mute. WeTre at the
point of as, as far as I~ve said, an impasse, and as we stipulated
earlier, that this must be to the point to people that are specifics
in their trade, let's put it that way. ~t~ich means, we'll say~ as far
as relating to the engineers and say that I think that possibly you
could come to an agreement and say that if it's passed on the stipulation
all of these problems that pertain to sewer be ironed out as is stipu-
lated in this point, as is stated here.
Mr. Harmening: In other words, you want to throw this into this sewer
... the connection charge in %~ith the ...
Mr. Wallace: No~ you're not throwing in any ... as I say, we're not
throwing in any charges, if you're throwing in any charges, you're
s/mply saying look, this is th? only thing that we will accept~ We
have stated that we have questions, you have questions as to whether
there is a higher charge or cost, we have questions here as to whether
this is from the different people that are there and this is what the
engineers are to sit down and iron out. These specific things and
these specific types of recommendations to see if there's a mutual
ground for it.
Mr. DeLong: Madam Mayor, without participating in the negotiations,
and as a point of clarification for my own infonmation, and when I
listened in these discussions here~ I'd like to direct through the
Chair, a question to Mr. Klinek. And the question is, if you eliminate
the connection cha~ge, and we do not have any system of assessments
on a front foot basis, can we still stay in the sewer business just by
a service charge?
Mm. Klinek: Sewer charges would have to be raised accordingly to make
up for the deficit.
Mr. OeLong: And when you say accordingly, you mean a way up, don't you?
Mr. Klinck: (Inaudible) ... whatever takes up that void in the thing?
Mr. DeLong: Mayor, that ans%~rs my question,
Mr. Cooper: May I make ... amend our proposed settlement here to
include in Paragraph 5, which is the referral of the water treatment
- 54
MINUTES OF SPECIAL MEETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH~ MAY 4, 1975
facilities to the engineers within that para,apb.
Mr. Wallace: %~at page is that again, I'm sorry?
Mr. Cooper: I'm going from memory ... we!l, it begins on page 6,
paragraph 5 starts on page 6. But to add to that paragraph, that
the engineers consider the question of connection fees to interim
facilities ... cause that's .w~a~t we're ta3_klng about. We're not
talking abOut ~permanent facilities ~ we ~ re talking about connection
fees to interim facilities ... you agre~ with that~ Mm. Klinck, that' s
the ver~ narrow issue there . .. and amend that paragraph to include ...
them coming up %.~ith the solution Of the connection fee.
Mr. Simon: You3re throwing that in the pot, t~en arentt you?
Mr. Cooper: Si~?
Mr. Simon: You're throwing that in the pot?
~. Cooper: No, I'm putting that in Paragraph 5. I don't knmw what
ot you're talking about ...
(Laughter)
Mr. Simon: Page 7, next to the bottom paragraph ...
Mr. Cooper: Where's that?
P~. Klinck: On page 7, next to the bottom paragraph ... (and he reads)
~'It is the specific intent of the City and Palmland
that the technical representatives %~ill arrive at a solution p~oviding
the necessary potable water to Charter %',brld in the same quantities,
at or about the same times, and at or about the same rate of expendi-
ture as Palmland would have experienced had it designed and constructed
a facility in stages to service Charter World.~'
Mr. Cooper: Well, ! really think we ought to put a separate paragraph
in there because 5 is all about water and we're talking really about
waste water.
Mr. Klinck: It fits right in there, because you go right on from
there ...
Mr. Cooper: W~erever Mr. Simon wants to put it.
(Recording lost due to reversal of record)
~har. Simon (continued): to that point, now we are saying the solution
t is neeessar~ mncludes this
~or. Cooper: We might need some preamble in there that we don~t know
w it should be done.
~ 55 -
MIR-GTES OF SPECIAL MEETING OF CI~ COUNCIL
OF THE CI~f OF BOYNTON BEACH~ MAY 4, 1973
Mro Simon: I think what we can pose then is the fact that we are Going
to present or include in these deliberations the handling of connection
fees so far as interim facilities are concerned.
Mr. Cooper: Yes sir~ And we are under the code under others ... that:s
provided in there ....
Simon: What do you want to do with Chapter 7, paragraph 7 then ...
para~£aph 8 rather.
Mr. Cooper: Paragraph 8, I would ...
b~. Simon: you want to put Was except otherwise provided" in paragraph
5.
Mr. Cooper: Yeh~. Just say ... do we need to say anythin~ We're
getting on an affirmative statement.
Mr. Simon: We can just take out that last sentence.
Mr. Cooper: ~nat~s right~ Because that last sentence is included in
paragraph 5 instead.
Mr. Roberts: What about the top line there about connections. Does
that have anythinG to do with it?
Mr. Cooper: Yes sir. That's tracking your code there where we pay
for service because interim is our only problem here, so just strike
the whole last sentence, I believe, of paragraph 8.
M~. Roberts: Was there a change made in paragraph 8 about Palmland
and the City ~'cou/d not adequately'~ ... I think.
Mr. Simon: Yes, that's already changed. In paragraph 5, I think, he
was asking -- did you change your copy~ too Fenimore?
Mr. Cooper: Top of page 8 -- If Palmland and the City agree, is what
I have in there.
Mr. Simon: So we just need a preamble in some form unless ...
Mr. Cooper: Could we go through, unless somebody has some specific
changes, to make sure we all got the same ct~nges now?
First change I see is that on page 8, paragraph 8 ... "and the City
agrees'~ striking the word ~'dete~mines? We have the commas on page 10.
Mr. Simon: Still on paqe 8, we change the word ~'before~' to "on or
about~' ...
Mr. Cooper: commas on page 10 ... striking the last sentence on page
11 ... and then the addition of~ including ... what's the section?
- 36 -
MIArUTES OF SPECIAL MEET/NG OF CITY COUNCIL
OF THE CITY OF ~OYNTON BEACH~ MAY 4, 1973
Mr. Simon: Page 11.
Mr. Cooper: ... last sentence of paragraph 8 on page 11 ... nc, no
striking that whole last sentence.
Mr. Harmening: Connection charges°
Mr. Cooper: Yes sir~ That's what we are throwing into ...
Mr. Klinek: Would you call out those commas you refer to.
Mr. Cooper: They are on page 10, paragraph (d), fifth line down, end
of sentence -- commas around ~if applicable~ ... Ernie~ you want to
dictate the wording?. You want me to ...
Mr. Simon: You got the machine.
Mr. Cooper: I was going to do it right here so we know what we are
talking about. You want to get back on page 7 ... I would ~ugge~t a
paragraph b~fore the next to last paragraph ... the one ending w~th
~provides potable water to Charter World'~ ... then insert a paragraph
to say, ~There is also a dispute as to whether connection fees should
be paid with reference to connections to interim treatment faci!ities.'~
Mr. Simon: That's both water and waste water, isn~ t it?
Mr. Cooper: Right! Then add to the paragraph ... just below that
ihat begins: '~It is the specific intent of the City ...~r Add a
nt~ce to the end of that -- "It is further the specific intent of
e u~ty and Palmland that the technical representatives will arrive at
a solution regarding the disposition of connection fees that is the
full payment~ partial payment or waiving thereof~ to interim treatment
facilities.~ We would like to amend ou~ proposal by that.
Mr. Simon: Do we need anyt?~ng in there about ~thereafter: we are
aaying the solution will provide certain things~ ... are you satisfied
with that? It might be well to make an additional paragraph after
the first paragraph on page 8.
Mr. Cooper: Right ...
Mr. Simon: This simply spells out the solution it calls for ...
Mr. Cooper: Right~ A new paragraph follo%~ing the first paragraph on
page 8 ... ~'such solution will set forth the amounts, manner and time
of payment of connection fees: if any, to interim treatment facilities.~
(Discussion ensured among Council members thaE was completey ipaudible
on the tape ... and apparently was not m~ant for the record.)
Mr. Simon: How about the word: ~as to~ in front of ~to~ where we say:
~with ~o interim treatment facilities,,~ add the wo~d ~as'~ in front of it
57 -
MINUTES OF SPECIAL ~ETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH~ MAY 4, 1975
so that's referring to nas the concept itself~' ...
Cooper: O.K. I don't know where you are. %.'~ere are you adding?.
Mr. Simon: The very first quote that you have, "There is also dispute
as to whether the~ ... the very first thing the_re ... "There is also a
dispute as to whether these connection fees are to be paid with reference
~'as~' to treatment facilities,~ ... your initial sentence said, "to treat-
ment facilities~, ... and in the final quote again, has the same thing ...
"as to~' -- ! think that will clarify it. I believe that will wrap up
all the little problems we've be?n dealing with so if you want to
discuss it from this point, I think we're through repairing ...
Mayor Jackson: Does anyone else have any more questions?
Mr. Simon: I wane to be sure you understand one thing. There was some
mention made, I forget, during discussion ... I don~t think you mis-
understand, but I want to be sure you understand. If you take action
on the stipulation agreement, what you are doing is you are are agreeing
to this settlement. The one thing that is hanging fire is under paragraph
5 ... if there is no satisfactor~ solution reached under paragraph 5, it
goes before the court for that issue alone; the rest of it is s~i!l a
full and final settlement as to all other aspects. I want to be sure
that's understood. You're not ridin~ until July 15th: in other words,
on the whole thing -- only the one because there is a provision in
here, I think under paragraph 10. If you look at it, and I think it's
most important that you understand -- it's a short brief sentence there
if you will read it. Mr. Simon then read paragraph 10 from the Stipula-
tian and Agreement, As Revised May 3~ i973:
"10. Upon approval of this Agreement by the parties
hereto, the City of Boynton Beach will cause the building permit
for "modets", heretofore requested by Palmland, to be issued with
due dispatch.~
Mr. Simon then ~tated: ... which means when you enter into this agree-
ment, the buildmng department will be called upon to issue permits as
soon as applied for.
Mayor Jackson: Mr. Vastine, did you want to say something?
Mr. R~ B. Vastine: In part of the agreement, is the density spelled out?
What ~s it please.
Mr. Harmening: There are ~o densities spelled out with an option. On
the one is 6.7 units per acre and on the other 6~55, I believe.
Mr. Simon: Well, it's spelled out in the sense of total units, rather
t~an a per acre basis.
Mr. Ha~mening: Total units, yes.
- 38 -
[?IlqlTES OF SPECIAL MEETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, ~ilY 4~ 1975
Simon: Rather than on a per acre basis, but itts for the whole
tmaek.
Mr. Harmening: Thatts might.
~. Robemts: Does that answer it, Dick? 6,550 as against 6,700.
Mr. Cooper: Itm sorry I didn't go over things that weren;t changed
from the last one we submitted.
Mayor Jackson: Is them any other question?
Mr. Roberts: Well, t~ll move at this time to accept ~]e Stipulation
Agmeement with the ehanges, corrections ...
Mr. Hammening: Itll second the motion.
Mayor Jackson: Are we going to make this subject to the engineers?
??? ... Well, itt s in the Agreement .2. (Several responses)
Mm. Roberts: The onl,- th~ ~ .......
. 3 ~ ~ ~ ~ say~ rne morion is to accept the
Stipulation Agreement between the Cmty and Charter World with the
changes as presented here today.
Mayor Jackson: Has anyone seconded it?
Mr. Harmening: I already seconded it.
~ayor Jackson: Itts be~n moved and seconded that the Stipulation
Agmeement be accepted ~th the changes that have been put in today.
Mm. Simon: Madam Mayor~ if you would just please add to that for the
reeord~ that you authorize the City Attorney to proceed for settlement
b~fore the Court. We have to submit this to the Court.
Mr. Harmening: Do you want to make a separate motion to that effect?
(Much talking by everyone) Paragraph 15 that the Council authorizes
the City Attorney to enter into the Agreement.
Mayor Jaekson: Subject to ... do you aecept this?
Mr. Harmening: Yes.
Mayor Jackson:
Mayor Jaekson:
Is theme any discussion? .... No response.
would like to have a roll call vote:
Mr. Roberts - Approves
Mr. Wallaee- Approves
Mr. Harmening - Approves
- 39 q
MINUTES OF SPECIAL MEETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, PL~Y 4, 1975
M~. DeLong: Madam Mayor, for the record, I will qualify my vote as
follows: I did not sign nor did I circulate a petition opposing Charter
World. I am not opposed to progress. I do not challenge the legality
of Chapter ~171, State Law, which was substi~ated for oum-own City' Char~er
provisions on annexation when Charter World was annexed to the City of
Boynton Beach, Florida. Only a court of competent jurisdiction can
resolve that issue. I question the reasons the~of. I am a staunch
advocate of and a strong supporter of the people's right of referendum,
~uaranteed to them under the p~ovisions of the City Charter. Since
tP~s right has been denied, I vote no.
Mayor Jackson: And I vo~e no, and I would like to read a statement:
~'Now that the vote has been taken and I am on the minority
side, t am withdrawing all pert in any lawsuit against Pa!roland
the City and my lawsuit was for clarification of the Charter provisions
for aranexation. For cases in the future, however, I am requesting the
City Attorney, M~. Simon, to immediately write a letter to Attorney
General Robert Shevin, asking him to get an opinion of annexation,
quoting our Charter provision, stating that petitioners for annexation
are not owner or owners of the property in the unincorporated area,
and there are less than 10 residents in said area, and ask whether
Chapter 171.16 of the Florida Statues, the ¥?Supplemental t~ocedures
for Anne×ation~ supersedes our Charter provisions. The answer from
Attorney General Robert Shevin will prove to me whether anyone on this
Council is guilty of nonfeasance, m~!feasanee or misfeasance of office,
I wish a copy of M~. Simon~ s letter, and the answer from the Attorney
General to be ~iven to each of us and also be read aloud at a regular
Council meeting, i wish this statement made a part of the Minutes.~
Mayor Jackson: The vote is 5-2 -- it carries.
Mayor Jackson: We have a few other items on the agenda. Do you have
some of these resolutions, Mr. Simon? Let's get them over with.
Mr. Cooper: Thank you~ Madam Mayor and Couneiimen for your extreme
patience in ttuis matter.
Mr. Harmening: Madam Mayor, since we have concluded this Agreement,
I have a very short statement, it occurs to me that I would like to make
also. It seems to me that since we first started to negotiate this
Agreement, we and the City have come a long way, and that concludes my
statement.
Mayor Jackson: Mr. Simons, do you have the resolution on the ZooloD-ieal
Society.
Mr. Simon: Yes.
Mayor Jackson: Is that P~solution 75-BB?
40 -
MIhrdTES OF SPEC/AL MEETING OF CI%~f COUNCIL
OF THE CITY OF BOYNTON BEACH, MAY 4, 1973
Mr. Simon: Yes o.. Resolution 73-BB, Re: Urging FinAncial Support to
Zoological Society (M~. Simon read the resolution).
Mr. DeLong: I move the adoption of Resolution 73-BB on first reading.
Mr. Harmening: Second the Motion. Motion carried 5-0.
Mr. Simon: Read Resolution 73-CC, Re: Occupational License.
Mr. Harmening: Madam Mayor, I move for the adoption of Resolution
75-CC.
Mr. DeLong: Second. Motion carried 5-0.
Mr. Simon: Read Resolution 75-DD, Re: Designation of a Single State
Agency.
Mr. Harmening: Mad&m Mayor, I move the adoption of Resolution 75-DD.
Mr. DeLong seconded. Motion ear~ied 5-0.
Resolution 73-EE, Re: Establishing Position of Library Director (on the
table)
Mr. _Roberts made the motion to remove Resolution 73-EE from the table.
Mr. Harmening seconded. Motion carried 5-0.
Mr. S~non: Read Resolution 73-EE in its entirety.
Mr. Harmening: Is this the same pay grade she has had previously?
Mr. Wallace: Is this a direct request of the Personnel Director -- is
this the only position that falls into this specific category, or
classification?
Mr. DeLong: No, I think since we've been sitting on the Council that
we have, if you recall~ at the very beginning there were quite a lot
of classifications that we have changed by resolution.
Mayor Jackson: This is the last one, I think. The title has only been
changed.
Mr. DeLong: In other words, the title has never been changed by
resolution, it:s a position created in the budget or pay plan~ not
by resolution~ unless some others are called to our attention.
Mr. Harmening: How is This that this one came to our attention, in
particular?
Mr. DeLong; Well, because there was some question raised about the
librarian.
Mayor Jackson: 9~en she ... she signs everything as Library Director.
- 41 -
Ml!hrdTES OF SPECIAL MEETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, MAY 4, 1975
Discussion continued regarding this position.
Mr. Simon: This is to clarify the confusion.
Mm. Wallace: I don~t know of any specific reason that we are changing
this one e!assification ... still to my question, are there others?
Until such time as we have this studied and clarified, I have nothing
against the Librarian, but until such time as we have this studied
which was asked for in the past, and until this is received, I think
in one action we can do it ail.
Mr. belong moved that Resolution 73-EE be adopted. Seconded by Mr.
Roberts. Motion carried 4-i, Mr. Wallace dissenting on the basis of
his previous discussion.
Mayor Jackson: Do you have the proposed ordinance on "Rules of
Government?~
Mr. Simon: No, I wanted to look into more carefully, but I know what
you want, and I am working on it.
Mr. Harmening: I move that we table ~Rules of Government~ ordinance.
M~. DeLong: Let me get one decision from Mr. Simon, if you will bear
with me. I gave you this quite a while ago.
Fmyor Jackson: We have a motion on the floor to table Rules of
Goverr~ent ordinance.
Mr. Wallace: I second thet motion. Motion carried 5-0.
Mayor Jackson: Now you have something under legal?
Mr. DeLong: Mr. Simon, it:s on the agenda. Let's see, Decision from
City Attorney o..
Mayor Jackson: No. 6.
Mr. beLong: Yeah, No. 6, Decision f~m City Attorney in regards to
Civil Service Rules. I don~t know if you recall, but a little while
~go~ I had said that the Special Acts of 1961 City Charter Section 72.9
~ersonnel Rules, on .page 42.5 provides as follows: Immediately after
the taking effect or this Act (Article) the Personnel Officer shall
prepare Personnel rules to govern the merit system and carry out the
~ovisions of this act (Article). The City Manager shall approve,
~th or without modification~ %~en approved by h~m, they shall be sub-
mitte~ by ~im to the City Council and shall become effective immediately
~hen ~he Cit7 Council by Resolution adopts them with o~ %~qou~ s~end-
aentwhereupon the rules and regulations of the Board ~ Civil Service
ss~d on th& 27th day ~f October 1954 Sh~tl?e automauleally repealed
~nd superseded by the rules herein provid~ for. Amendments D6-said
~u!es may be enacted by identical p~ocedure set'forth hemeinabove for
dopting orig~t rules: and then I said-: On Jul~'16, 1962, the City Cnc!.
- ~2
MINUTES OF SPECIAL MEETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH: MAY 4, 1975
by resolution adopted Personnel Rules repealing those of 10/27/54. June
17,~68 the City'Couneil by resolution adopted ~ersonnel rules thereby
repealing mules adopted July 16, 1962. Effective July 18, 1972, the
City Council by resolution adopted personnel mules, thereby repealing
those of June 17, 1968. I will follow the p~oeedure: and my question
was: "Because there were so many other mules and regulations that
were in circulation, now i don~t say they were illegal, but they
were in circulation, hut they were being referred to, like 1954 and
1968 weme being refez~ed to where according to my interpretation
the last that was adopted by the City Couneil would be the ~ules to
be guided by, in 1972. Do you follow?
Mr. Simon: I follow.
Mm. t~Long: People are referring now.., taking out pmovisions ... that
is in the 1968 rules and trying to be guided by them but as long as
you come along superSeding ~ules, in accordance with the procedure
for adoption, then it would appear to me that the mules that were
adopted on July 18, 1972 are the prevailing rules and regulations
and any other rules and regulations that is in circulation is ... more
or less, superseded.
Mm. Ha~mening: I think what Mr. DeLong is asking for is an interpreta-
tion whether the last adopted rules and regulations supersedes all the
rules and regulations.
Mr. Simon: Well, if there is any conflict between them, certainly the
most recent would prevail. If there is no conflic% the previous
would remain.
Mr. DeLos: Well, you see~ Mr. Simon, I~ve seen some other permissive
articles which were eliminated as they adopted other rules.
Mm. Simon: No,nelly, the procedures when you amend, you amend a
specific section and ~ecite that the effect of it is to repeal the
section it replaces, but all other mules remain in effect unless in
conflict with what you passed~ but the most recent prevail if there
is any conflict.
Mr. DeLong: Yes, that's what I~m trying to say. The most recent
prevails.
Mr. Simon: If there is any conflict.
Mms. Padgett: But in the resolution: the problem arose when it
said amend. In other words~ there is no place that says the new rule
v~ll take the place of ... or do away with it~ and I think this is
where the question has arisen. The resolution is not adopting those
~ules. They say they hereby amend the Civil Service Rules.
Mr. DeLong: %~ne definition for amend is to change or revise and the
definition for revise means to correct, improve or bring up to date.
~,LINUTES OF SPECIAL MEETING OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, MAY 4, 1975
Mr. S/mon: Yes~ but the general application of rules would say that
if what you do is not in conf!ic t witk previous resolutions or previous
rules, the old rule would still prevail, if there is no conflict. Now
if you come in and say we amend all of the ~les and the case then
were these, they you are replacing everything previous. But if you
are amending by adding in general ... But I agree to be more accurate
and correct to specify what you are ¢oing -- if you are adding a sec-
tion or if you are replacing a section, but the s/mple or general
language of amending as follows is not enough.
Mm. DeLon3: Now in view of the fact that this has been previous Council
action, then do you believe that it would be encumbent upon this
Council to request that you check with the ~72 and that of t68 which
they superseded to make sure that there wasn:t anything ...
Mm. Simon: Let me do this. Let me look at the two resolutions
those two that you're s~eaking of ... before I answer your questig~,
because it may well be that the answer is obvious but then again, it
may not be and I would like to look at them before ! give you an
opinion. It may well be that your Personnel Director will have to
~ake it a ~ertain amount of labor to find these with investigations.
Mr. DeLong: Wel!, the other thing now is that wetre (laboring ??)
with the rules of 1972 that now has been adopted~ and we want to find
out if these are the rules to be guided by.
ttt
Mr. Simon: Ah huh... Well, let me kook at the ~o resolutions then ...
I~lt look at the two resolutions.
Mr. Wallace: I think it should he handled administratively and Mr.
Sullivan is going to have to do some leg work before he really knows
what we are talking about.
M_r. DeLong: Also, M~. Kohl~ wb/!e we are talking about the rules and
regulat/ons, we have several amendments that has been submitted to
the City Council and they must hear your approval. According to the
Charter provisions they are sent to you and unless you modify ... you
know you can modify if you so desire, but if you don~t have any desire
to modify them, then we~tl accept them the way they are ... then you
forward them to the City Council. They can be approved with or
%~thoutamendment.
Mayor Jackson: Is this being given to the City Manager ... would you
like to table that ... (everybody talking at once) ...
Mayor Jackson: Mow may I ask to have a motion to have the minutes
tabled of April 19th ... (two amens) ...
Mr. Wallace: I move the minutes of April 19th be tabled.
Mr. Harmening seconded and the motion was unanimously carriedl
44-
MINUTES OF SPECIAL ~MEET!NG OF CITY COUNCIL
OF THE CITY OF BOYNTON BEACH~ MAY 4, 1975
Mr. Roberts: Is there any ideas about a special meeting on Tuesday
night?
Mayor Jackson: I don~t think so, I believe we've taken care of every-
thing.
Mayor Jackson: Is there anything under wOther?~
Mr. DeLong: Is there anything on that bench sign ...
Mayor Jackson: ThatTs right, I skipped that.
~,~. DeLong: The inspector said he is having a tough job because every
time he goes ...
Mr. Wallace: Until such time as this thing is clarified, legally and
othez~,~ise, because I think this City went into a hassle about this
thing about four or five years ago ... and then again a couple of years
ago ... I think it was handled capably at that particular time, inasmuch
as the sponsoring people of these signs were asked to clean them up
which they did~ they were re-painted and re-printed~ and of course,
some of them are sticking out in a thorn patch or what have you.
I say~ if there is a problem, I simply would state at this time ~hat
perhaps administratively, but Mr. Kohl could tell the gentlemen until
such time as there is a permanent action from the Council and
interpretation from the attorney ... then ...
Mayor Jackson: I don~t think ... there are two different items and
they're in conflict.
Mr. DeLong: Well, the point i am trying to make is that in trying to
enforce the sign ordinance when the inspector goes up ... we:ll say
a street ... that when somebody has a directional sign pointing up
to the project or the name of the development ... he asked him to take
it down and there is a bench sign right along side of it ... well,
he'll say if you are going to let me take this down, why are they
permitted.
Mayor Jackson: That's in ~he Community Appearance Board ordinance.
Mr. Wallace: Why, I say this is that until we legally takeda look at
it because as i recall, there is a letter in our file ... now I donTt
recall and I even forgot the name of the eonoern, but I know it was an
awning and it was painted in and they cou!dn~ t remove it from the awning
and supposedly: it is a violation of the Code and what have you ... I
simply say if there are several of these, !etrs look at it administrative-
ly ... look at the point where we need to clari_~y the specific codes
and ordinances and bring them up to date, so that we don~t have any
problems with it.
Mayor Jackson: In other words, if there is conflict between the sign
ordinance and the Community Appearance Board ...
MiA~/TES O~ SPECIAL MEETING OF CI2Y COUNCIL
OF THE CiTY OF BOYN~N BEACH~ MAY 4~ 19'75
Mm. Wallace: It can be handled administratively ~.. get it ironed
out and bming the p~eSentation back tO th~ Council~
Mayor Jackson: Would someone like to make a motion to adjourn?
M~. Wallace: You better believe it~
~i~. Hammening : I second that motion ..o Motion unanimouslyca~r~ed.
Meeting adjourned at 6:10 p.m.
CITY OF BOYNTON BEACH~ FLORIDA
ATTEST:
David Robemts~ Council,nan
Fo~rest L. Wallace, Councilma~
May 4, 197~
POST OF~ICI~ BOX 1857
DFd. R. AY BEACH. FLORIDA
30~/278-2615
Honorable Mayor and
City Council
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33435
ATTENTION: Mr. Frank Kohl, City Manager
Gentlemen:
SUBJECT: Water and Sewer SysTems
Charter World Development
City of Boynton Beach, Florida
Project No. 6858=5-CP
We have reviewed the latest Palmland Development Corporation's sub-
mittal'"Stipulation and Agreement" as received'in this office on
April $0, 1975, with respect to water supply and sewage disposal
facilities for the Charter World Development and submit the following
comments'and recomendations.
It is not considered to the City's best interest to permit develop-
ment of permanent satellite water supply and sewage disposal
facilities to provide service to individual developers within the
City's service area. It is our opinion that all developers should
be treated equitably, in line with the policy that each one should
pay for capital improvements of the municipal system, paying a fair
share in relation tO pro rated cost of such facilities.
The City is presently planning an $8,000,000 water and sewer ex-
pansion progrom with construction cQntemplatmd during 1974-1975 and
completion anticipated in early 1976. That program includes an
8 MGD water t~atment plant expansion with wells, storage, and
distribution facilities.
In order to protect the City's bonding capability for the pending
program, it would be inadvisable to attempt a separate revenue bond
issue to finance water treatment plant expansion, separately~ at this
Honorable Mayor and
City Council
-2- May 4, 1975
time. Furthemore, the City should not bear any part of the costs
of capital improvements required solely for water and sewer service
to land development projects. With these considerations in mind,
it is our recon~nendations that Palmland Developmant Corporation be
offered Mo alternatives for water and sewer service capability in
the Charter World development.
Alternative A - Interim Facilities
Palmland Development Corporation could construct interim water
supply and sewage disposal £acilities, completely on-site, to pro-
vide enough capability for the project's needs through calendar
year 1975 to coincide with the City's utility expansion program°
It is estimated that the required capability for both water and
sewer would be something less than 1MGDo Such interim facilities
should be subject to the £ollowing provisions:
1. Developer to pay ali costs for engineering, development,
and construction of plants.
2. Facilities and sites to be leased or otherwise turned
over to the'City for opera~ion and maintenance.
3. Developer to pay the City for actual cost o£operation
and maintenance during the interim period.
4. Plants to be disconnected and with land, reverted to the
developer when the City plants are operable and mast be removed
within a specified time after reversion, at the developer's expense.
This provision should be covered by developer posting a bond at the
time of obtaining pemits for construction.
Under this plan, the construction, operation, maintenance and
removal of the interim plants should in no way obviate the City's
current regulations covering connection charges, monthly service
charges and subdivision development.
Alternative B - City Plant Expansion
In order for Palmland Development Corporation to avoid any un-
necessary expenditure of funds for interim facilities that will
eventually be discarded, it is suggested that the developer loan
the City, interest free, the full amount of construction funds to
Honorable ~yor
City Council
-5- May 4, 1975
cover Phane I expansion of the water treatment plant as soon as
possible, thus eliminating the b~'llt-in delays caused by developing
a revenue bond pro,ram. However, as soon as the revenue bond
fund~ have been secured, the City could repay that portion of the
loan in excess of the pro rata share required to provide service
to the developer. The following considerations would apply:
1. The present estimated cost of the City's 8 MGD plant
transmission lines expansion is about $2,500,000°
2. The present estimated cost of Charter World's owm water
treatment plant is $1~600,000.
3. The estimated amount of ~harter World's connection charges
for 6,700 connections at $175.00. each is $1,172,500. Kit is an-
.ticipated that connection fees would be escrowed to apply against
Palmland Development Corporation's share of the cost.
~fe City has currently authorized an urgent pro,ram for installation
three new water supply wells (800 GP~ each) which will provide
an additional 5.4 MGD capacity, and which should be in p~oduction
within the next six months. This additional capability should
assure sufficient water supply for Charter World during the interim
period of the City's water treatment pleat expansion, j~
Conclusion
Each of these suggested alternatives is predicated on Paimland
Development Corporation's outlay of funds for their own benefits,
so that the citizens of Boynton Beach will in no way be burdened by
the expense of the project. Under both alternatives, it is con-
templated that all existing regulations pertaining to connection
charges, monthly sewer service charges, etc., be applied. However,
it is anderstood that the purpose of connection charges is essentially
to provide service capacity in any capital improvement program.
It should be noted that Alternative B is concerned only with water
treatment pl~t facilities. At tkis time, we cannot foresee the
outcome of present state and federal regulatory agency pregrsms in
regard to sewage disposal, and it is therefore not possible to even
estimate the probable time frame nor the final concept of an)- sewage
disposal plan for the Boynton Beach area.
Honorable Mayor and
City Cotmcil
-4- May 4, 1975
Consequently. an interim sewage treatment plant is the only
alternative presently available by which Charter World can be
assured of sewage service within the next several years. The
concept of inter/m plants does provide sufficient flexibility
for finally resolving the problem when the permanent regional
facilities become available.
Very truly yours
RUSSELL ~ AXON
District Engineer
JHK:af
29355 Kingman Road
($.W. 152nd
· .- ,o it, Fia. 33030
October 16, 1972
F~..Lynn Peyton
Assistant Regional Engineer
State of Florida Department of pollution
Soutlneast Regional Office
200 S. E. Sixth Street, Suite 602
Fort Lauderdale, Florida 33301
Control
Charter World Developmenu West of Boynuon BeaCh, Palm
Beach County
Dear F~r. Pey~on.
paimland Development Corp. is planning the Charter World
development o~ 7900 dwelling u~ni~s with supporting recre-
ational, commercial and gover~T~enta! facilities npon one and
one-half sections of land adjacent to and west of Boynton
Beach in Palm Beach County.
In making arrangements ~o.r water and sewer service to the
proposed development~ we plan to conform to the ordinances o~
the City of Boynton Beach and to cormect to the city's water
supply and sewage disposal systems; however, if the city should
experience any limitation of capacity which might impede its
sewage collection servzce to our entire development, we need a
workaDle alternative ~%ich could De suDstituted in whole or in
part ~or service by the city.
In pla~ing for sewage disposal, the concept for an alter-
native tentatively adoped ~Y our engineers is
Primary, seoondary, and tertiar~ treatment (95% -
~ 10~ B.O.D. and solid removal) wit~ polish,
.: green and landscaped areas.
F~r. Ly~_~. Peyton -2-
October 16, i972
~nis plan would eliminate the problem of discharging
~ffiuent into canals or o=~ai~s.
Although your approval would of necessity be based upon
precise engineering plans and specifications, we ~ouid like to
know before instructing our engineers To proceed, whether the
concept outlined above is accep~ble to the Florida Department
of ~oilution Control.
Very truly yours~
~' ~°; STArTlE Of FLOF~IDA
POLL T O COnTrOL
SUITE 300. TALLAHASSEE ~ANK ~U~LD~NG
315 SOUTH CALHOUN STREET. TALLAHASSEE. FLORIDA 3230~
VINCENT D. PATTON
DAVID H. LEVIN
October 17, 1972
Mro Irving Katz, General Manager
Pa!mland Development Corp.
29355 Kingraan Road
Leisure City, Florida 33030
Re: Charter World Development West of Boynton Beach,
Palm Beach County
Dear Mr. Katz:
This is to confirm our conversation of Tuesday, October 17,
1972, with respect to Charter World Development West of
Boynton Beach~ Palm Beach County, Florida. As outlined in
your letter of October 16, the proposal that you make for
the use of interim package wastewater treatment facilities
to service the subject development is acceptable 'in essence
to the existing standards of the Department of Pollution
Control. Specifically, if the Boynton Beach Wastewater
Treatment Plant is approaching its rated capacity and you
are not able to obtain service through the City of Boynton
Beach, who is the authorized sub-agent to service your area,
the use of interim wastewater treatmen~ plants providing a
minimum of 90% treatment, self-containment of effluent and
making provision for operation and maintenance by the
authorized sub-agent is in conformity with our understanding
of the Palm Beach County Master Plan.
As you know, the City of Boynton Beach presently discharges
their treated effluent to the inland canal waters of Palm
Beach County. The goal of the Department of Pollution Control
is to remove all of these effluent discharges from inland
waters and to find a more desirable method of effluent dis-
posal. The Board of the Florida Department of Pollution
Control has directed that'the Department approve interim
wastewater treatment facilities meeting the above criteria as
the most desirable methodology for meeting needs during the
implementation period of the comprehensive regional waste-
water treatment facilities.
JOHN R. MIDDLEMAS GEORGE RUPPEL JAMES F, REDFORD. JR. A.D. VINCENT
Mr. Ir~ing ~atz
Palmland Developmen6 Corp.
October 17, 1972
Again, let me restate that the proposal as outlined in your
letter of October !6, is not only satisfactory, but meets the
test of the most desirable alternatives.
Sincerely yours,
FSK:RLP:rs
cc: Mr. Travis Ki!gore, City Manager
City of Boynton Beach