Minutes 05-01-73Fff~/TES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, ¥~AY 1, 1973.
PRESENT
Emily M. Jackson, Mayor
Joe DeLong, Vice Mayor
David Roberts, Councilman
Edward F. Harmening, Councilman
Forrest L. Wallace, Councilman
Frank ](ohl, City Manager
Ernest G. Simon, City Attorney
Tereesa Padgett, City Clerk
Mayor Jackson called the meeting to order at 7:30 p.mo She
welcomed the audience~ and requested them to rise for the invo-
cation led by City En~neer, Tom Clark: followed by the Pledge
of A]]egiance to the Flag, led by Jr. High School Student,
Bill Sisoian.
:Announcements
Mayor Jackson read a letter on the continued increasing demand
for water f-Dom the Boynton Beach Water Service~Section and declared
an emergency situation and ~he restriction of the use of water,
per City Ordinance ~73-3, effective 12:01 a.m. April 24~ 1973.
The cumtailment provided a schedule of spri~cling water. The
area !oeated north of Ocean Avenue would be per~tted to sprinkle
on odd days of the month and the area south of Ocean Avenue would
be permitted to sprinkle on even days of the month only. This
will stay in effect until further notice. Those who do not obe~
these guidelines while effeot4_ve will be fined. The decision is
based on the recommendations of staff personnel for p~otection
against water shortage on current demands. All users' arerequested
.to be conservative.
Mayor Jackson said she would like to add that this does not include
people who have wells. Also, the ban will be lifted after suf-
ficient rain and the City Manager %~ll notify the public.
Mayor Jackson then announced Annual YoUth in Government Day~
stating that students from Boynton Beach Jr. High School would
be p~esent in the various city offices for two hours during the
morning o~ May 2nd. Mayor Jackson asked the City Clerk,
Padgett~ to read the names of all those students who would act
in the capacity of the city officials as part o~ the Youth in
Goverr~nent P~ogram between the hours of 10:00 a.m. and 12:00 noon.
Mrs. Padgett read the names and asked the students to remain
standing until all had been introduced~ after whioh she admin/s-
toted the Oath of. Off-ice. ActingMayor~ Heather Sinclair rose
to speak, notin~ that this was the tenth year the school shared
in t~s event and ad~g that !~ was an hono~ to have been ohosen.
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Mm. ReD/ce Lansing: Principal at the Jr. High School then rose to
spe~ on the youth of the nation and complimented the students in
his school as well as the teachers of the Civics elasses~ Mrs.
Hudnell and Mrs. Estes.
Mayor Jackson then introduced Palm Beach County Tax Assessor, David
L. Reid and advised the audience that if they had any questions
regarding their individual property~ Mr. Reid and his associates
would be pleased to meet ~th them downstairs.
Mr. Reid came forward and expressed his appreciation for being
given the opportunity to speak this evening. He said he was trying
to inform the people of Boynton Beach as to what is being done
with regard to the appraisal program. One of the biggest problems
is making people aware of the law and what the requirements are.
The laws of the State of Florida say the Tax Assessor should cover
looking at the property every year and put a value on it as of its
condition on January !st. In Palm Beach County there are 178~000
items of real estate tax alone and 23~000'on the tan_cfible personal
property roll. It is physically impossible to look at eaeh one
every year. The system he has been working on since 1971 converted
al! parcels in Palm Beach County to a computer system. The record-
keeping is done on a computer rather tha~ on a hand~¢~itten card
which was the system previously used. As of this year~ following
the conversion~ approximately 156,000 Of the 178~000 items on the
real estate tax roll will be listed under the new system~ Of the
remaining 22,000, most items were updated in the last three years
and they will be converted by 1974, and then for the first time~
doing market ana!ysis~ cost studies, we ~d_ll then be able to update
the entire county in one given year. This is what will happen in
Boynton Beach. These are rough preliminary figures and do not
include all the new eonst~ction on individual buildings. The
figures include most condominium apartments but not indivnidual
construction -- they would be added in. This is comparing the
gross roll last year to the gross this year before any deductions
for exemptions have been made; last year 1972 real estate value
was $142~795,567. This year~s projection is $!63~119~390~ up
approximately $20,523~000. This is an average of 14% increase
on the tax roll. This does not mean that evervone will go up 14%.
People do not realize that all the Tax Assessor's o~fice does is
set the eva] uation. The total dollars that are paid by the property
owner are figured by ~tip!ying the valuation by the School
Board by the tax rate or millage set by the County Commission, ere.
Mr. Reid pointed out that the Tax Assessor's o~fiee under the law
is not supposed to put every penny that you ean get when you sell
your property as the valuation -- but the o~fice is supposed to
deduet the cost of the sale ~rom what your property would be worth
if you went to sell it~ This is approximately an average of 10%
for Palm Beach County. We ~elt it was higher, but this is what
was allowed.
Mr. Reid gave some past examples o~ assessments and sales of land
or parcels and said that he and other members of his staff would
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be ready to answer any questions dovalstairs. He then introduced
the gentlemen as Mr, Wayne Cra~a~ Special Assistant~ Frar3~
Tomezyk: Department Head~ Field Department~ Chet Meeth~ Head
of the Appraisal System Depar'~e~nt~ Jim Hii3_iamd~ Department
Head~ Land and Mapping Departments. Mr. Reid said these were
a few of th~ people he was proud of in the office and they were
trying to build their office into a good ~rking offiee and
want people to know they want to %~rk with everyone. He also
advised the audience that they have an office in the South
County Courthouse on Congress Avenue just south of Atlantic
besides the office in West Palm Beaeh.
Someone from the audience asked if all the property in Boynton
Beach had been reappraised for 1973 and Mr. Reid said yes.
Mayor Jackson thanked Mr. Reid and reminded the audience that
he and his staff eou!d be seen on the first floor regaz~ting any
special questions.
Mayor Jackson said that since there was a public hearing scheduled
for 8:00 p.m. ~ne next few items on the agenda would be skipped
over for the present time to take care of the public hearing.
PUBLIC HEARING
A, Street Improvement - N.E. 1st Street~ south of 9th Avenue.
Mayor Jackson asked if there was anyone in the audience who
p~shed to speak in favor of this assessment.
Mr. Vernon Thompson of 208 N.E. 10th Avenue said he would like
to speak in favor of it and in fact he was requesting it. There
was one thing he ~x~u!d like taken into consideration. After
looking over the total eost~ of the $9~427.50~ the city is
paying only approximately one hslf of this total cost. I feel
it is a city street and the city is only paying because the
city o%~s the eastern part of the street~ and in the past it
has been broken dovn to where the city pays an automatic two
thirds and the owners pay one third. In this case the city is
paying one half and the taxpayers are paying the other half.
The city is only paying part that it oyes on the eastern part of
the street. Please take into consideration ~nat you would pay
tv~ thirds instead of one third.
Mayor Jackson asked if there was anything on the other side of the
street and she was advised that the Public Works Department was
there.
Mr. Thompson said that ~ne city owns 400 feet on ~ue other side
of the street. There are 362 feet which the owners will have to
pay for. I am asking that the city instead of paying for the
part that they own, pay an automatic one third for the street
being within thecity limits and one third for the property on
the eastern side of the street~ leaving one third for the owners
on the western part of the street.
Mr. DeLong said he would like to hear from the individual who
drafted this assessment, although he did not understand how they
arrived at these figures and why.
Mr. Clark said that the breakdowm was based on the cost being
distributed to the property benefitted on a front foot basis
~£th the city assuming the eos~ for intersections and for property
that ~ey own. This is my understanding of the way we usually
handle street construction. That is why it is broken do~ like
this.
Mr. DeLong asked if procedures were being followed as outlined
in the City Charter and Mr. Clark answered yes -- we pay for the
intersections. The owners pay for the rest on a fm~ont foot basis.
Mr. DeLong asked again if Mr. Clark was following up procedures
and if there was anything different done in this action than
was done in other instances of the same type. Mr. Clark said it
is done in the same way.
Y~yor Jackson thanked everyone and asked if there was anyone else
wishing to speak in favor of the assessment or i~ there was
anyone %~shing to speak against it.
Mrs. Padgett said that ~or information~ Mr. Vernon Thompson called
the offioe today to cheek on this assessment and there was one
instance in the past whereby a eoun¢i! action in which a street
was assessed on a one third basis -- it was one instance to her
~1owledge.
Mr. DeLong moved for the adoption of the assessment rule as sub-
mitted by the City Engineer, The motion was seconded by Mr.
Roberts.
Mm. Wallace said that under discussion, just as far as clarification~
when the amount was se~ aside in the paSt~ for if you will recall~
this is not the first time that this gentleman has been before
Council and M~. Wal!aae asked if the money was set aside for the
prevnious Council. In other v~rds, if they specifically set
aside a certain amount of money~ was any part of this to be in-
e!uded~ or to your knowledge is there any place that it was in-
cluded also?
Mr. Kohl said no, and asked if any member of Council had knowledge
of this as submitted.
Mayor Jackson said no and asked if there was any further discussion.
Motion carried 5,0.
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B. Abandonment Requests
Mayor Jackson then brought up the abandor~aent request by Gene A.
DiPaee and Donald Beseeker.
Mr. Besecker said this is an abandonment of an alleyway that is
20 feet wide and runs approximately 300 feet between M.E. 6th and
N.E. 5th Avenue. i oval50 feet on the eastern and western side
of this alleyway. The alley deadends north into Tropigas and
ends south into some homes. I own a business that sits in this
alleyway. If it is used as a City right of way -- of which only
one half of it is paved now which was at my total expen~se -- if
used as a city s~eet, people stepping out o~my store ~u!d
have to stop and look before they eould get to ~ parking lot.
The lane in front of this ~l~eyway is only 45~eet deep
~.S. t to this ~eyway on whiehnothin~ could be builtanyway
because of council setbacks o~ l0 feet ~om the rear. I see no
use to keep this a city street and I ?~uldlike to see it abandoned.
~yor Jackson asked if there were any ut~!ities there and l~i~.
Beseeker said yes~ there was a sewer that deadends about ~5 feet
from the end o~ bis p~operty. However~ ~e told the Board of
Adjustments we would ~ive th~m a permanent easement to this
city sewer and I have no intention of buildin~on this l~ud.
~{r. DeLong asked as a point of information if this was the re-
quest for abandonment from DiPaoe and Besecker and when it was
confirmed~ he asked if we dldn~t have a memorandum to the ~ayor
from the City Clerk whereby it would ask that a Public Hearing
be held but that a final decision be held up until letters are
received from the utility companies. He asked Mrs. Padgett
if there were any replies as yet. ~i~s. Padgett said no, and
apologized for this delay but we were late in getting the requests
to the various companies and they have not had sufficient time
to reply.
Mr. beLong moved that we table this item until such time as re-
plies are received from the utili~ companies.
Mr. Beseeker said there are no utility companies other than the
eity sewers. The telephone li~es go directly Behind his store
whieh is about another 125 feet to the west. It is a city street.
Mr. belong said weh~ve a recommendation that is before us, and
I am sorry but it has always been my policy to follow the
reeon~aendations of those who have charge of these partieular items°
Mr. Besecker asked if he conld be totdwhere it ca,ne from as he
was curious.
~dr. Wallace said nottu~ng came up on the Board of Adjustments on
this and that he would tilcetO mal~ a suggestion, tt has been
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in the past action of Council and since this is a public hearing,
perhaps we could complete the hearing without a decision being
made~ or have the public hearing this even/n§- and if the members
of Council have reached a decision~ perhaps they eou!d vote on
it based upon clearanoes from the specific agencies which are
involved here. But I thiul~ this is a pub]ia hearing tb/s
evening and since it was advertised as suoh~ it behooves us to
get it out of the way: other~zise~ I believe it would have to be
re- adverts_' sed.
1,~r. DeLong asked ~k~, Wallace if he agreed that we %~ilI wait for
the results of the reco;%mendation.
~4r. Wsg_lace said what he is asking basically is on the motion
that I~_r. DeLong has made in omder to fin/sh and complete the
hearing.
Mr. DeLong said~ in other words, hold back the motion to hold the
motion in abeyance.
Mr. Wallace said yes~ after you have gone through the hearing
and you %~-'sh to make a motion~ either that it be granted on the
basis to be handled adm~nist-£atively onee the letters are re-
ceived -- then it may be done. On the other hand~ i~ the vote
will say no to the granting of easemen~s~ then that would kill
it at that partieu!ar t4_me.
l~iro DeLong asked if he might hear a second to the mot~lon.
Jackson asked if there were any other eoF~ents.
}~[m. Besecker asked if he r~ght say something else regarding
utility oompan/es. There are 12 lots, The only eons?ruction
that can be done on any of these 12 lots is either under con-
struction right now and the utilities are to the buildings or
there is no way any construction can go on the other three
lots of n~ne in addition to one other lot because they are not
deep enough and there is no reason for any utility company to
bring lines do,,al for eaTy reason. It deadends into Tropigas
at the north and ends at the houses at the south and then there
is my building with ~ir. DiPace next door to me~ etc.
Mr. DeLong said for a point of informa'hion through the Chair to
the City Clerk -- is this the general procedure that you follow
in these instances~ ~irs. Padgett?
~rs. Padgett answered yes and the Vice l~[ayor said then we are
follov~n9- procedure.
l~iayor Jackson asked if there was ~nyone who ~shed to spes-P~ against
this abandomment o~ right of way,
There was a request from the audience for the City Council
me.~ers to speak louder and the ~ayor thanked the woman for
the reminder.
Mayor Jackson said there was a letter from Ann Barrett objecting
to closing of the a oandorm~entof the right of way to be noted
in the minutes.
Mrs. Padgett said that there was also a report from the Super-
visor of Public Works stating that this alleyway is necessary
for the operation and maintenance of an e~_sting sewem main and
a~ked that Mr. HopP~ns clarify if the whole 20 feet were needed.
Mr. Hopkins said that his point pr~imarily was that there is a
sanitary sewer main in that particular alley and his prime
concern is rom accessibility in n%~intenanee and operat/on and as
pointed out by Mr. Beseckem~ an easement in all probability
would be sufficient.
Mr. DeLong asked rom a clarification of Mr. HopPdns' recommenda-
tion. Mr. Hopkins said that his primary recommendation is that
we retain the right to maintain said sewer main.
Mr. DeLong said in other v~rds, abandonment can go tbmough, but
you are going to have a stipulation.
~. HopP~ns said yes~ conversion to an easement.
Mrs, Jackson asked if theme was anyone else ~ishing to speak
against this.
Mr. Wallace asked Mr. DeLong if he v~shed to make a motion at
this time. ~i~. DeLong said it would appear to me in view of
the statements of the Director of the Department of Public
Womks and Ut~ilities it is best not to abandon and asked if this
9~sn~t so.
Mr. Wallace said no, he understood you could abandon the ease-
ment as long as it was understood that you had the easement
or right of way to grant right to v~rkwithin this fraraework
of the property of the septic tank or whatever we have there
at the present time.
Mr. DeLong moved that the abandonment be 9manted based, upon a
stipulation that the meeommendations of the Director of the
Department of Public Works and Utilities will be included in
the abandonment and also with the clearance of the utility
companies.
~. Wallace seconded the motion, i~iayor Jackson asked if there
was any discussion. Carmied S-0.
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Mr. DeLong said he wanted to convey to the audience that he
f~nds bimse!f in the same position of not bein9' able to hear
as people do not t~alk into the mike. He apologized as this
was why he missed the point when 1,ir. Hopkins was talking.
Boynton West Development Corp. - Sec. a-A PB Leisureville.
Mayor Jackson brought up the next business under Public Hearing
pertaining to the Boynton West Development Corp. and asked if
there was anyone who %~shed to speak in favor. This regards
the abandonment of a moadway in the ut~_lity easement of section
4-A of Palm Beach Leisureville.
~. R. B, Vastine of 132 Leisureville Blvd. asked if that is the
property on the peDinsula.
Mr. Clark said he was not familiar with it. He asked Mr. Barrett
if it was and Mr. Barrett said yes~ it definitely was the one.
Mr. Vastine said there are no objections from Leisureville --
we are all for it.
Mayor Jackson asked if there was anyone who %~shed to speak
against it.
~ ~,~,_r. Harmening
~,1r. DeLong moved that the abandonment be qr,%ted and
seconded.
Mayor Jackson asked if there was any discussion.
Mr. Wallace had one question for Mr. Hop?dns -- is this also clear
as fa~ as the city is concerned?
Mr. Hopkins answered yes~ this will take additional easements and
various and sundry water and sewer lands in the area~ but it
~11 not effect the abandonment.
Mayor Jackson asked for any further discussion. Moron carried
5-0.
P~TES
Mayor Jackson said to go back to Item II on the Agenda.
Regular Meeting of April 3~ 1973 (on the table)
Mr. Wa!lace made a motion that they be taken from the table
and Mr. DeLong seconded. Carried 5-0.
~fr. Roberts said there was one small item that he could not
find last time on page 17 regarding the section about the Board
appointments. It seems that this is in reference to appointing
a member to the Planning and Zoning Board and one to the
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Recreate_on Board when they had already been appointed to the
Civil Service Board. Since we already n~de ~he appointment,
we thought we ~utd go along ~ith it. I think this is con-
~using as it is listed. Is that correct? (Section P)
Mayor Jackson said no~ I believe what happened was, and I
tmied to correct this~ these people had been appointed to the
Ci~i! Service Board for two years a year ago, and we goofed by
putting them on another Board.
1~. Roberts said it is con~using. !_~ese people are serving on
two boards which was contrary to our intent in the beginning~
but since they had been appointed~ we were not going to do
anyt~hing about it.
Mayor Jackson said we ~!i clarify it in the minutes and asked
Mrs. Padgett to m~ie a note of it.
Mrs. Padgett said you %~11 have ~o make a statement to clarify
it and it %~11 be noted for the April 3rd minutes.
M~, Roberts said on that basis he would move the n~nutes of
April 3rd be accepted as corrected. Mr. Wallace seconded the
motion.
Mayo~ Jackson asked if there v~s any discussion. Carried S-0.
Regular Meeting of Aprill7~ 1973
Mr. Roberts had a question on page 20 regamding the paragraph
headed ~Loaation of the Handball Court~ ... we move to have
tb/s taken from the table~ etc,~ ~Ir. Harmening and Mr. Robemts
opposed., I do not remen-ber being opposed to ta~ng it ~r_om the
table,
Mr. DeLong said that is an error.
Mr. Roberts asked if anyone was opposed to taYclng it from the
table. Mr. Wallace said that he (Mr. Wallace) was opposed to
takingit from the table. That is a eorrection.
Mr, Harraening said also on page 20, imz,~ediate!y above that where
it says Mr, ](o~h! ~nswered that we n~ght have our legislative
delegat~ion took into this possibi!ity~ I believe that
Harmening made this statement instead of ~dr.
l~yor Jackson asked if there Were any other corrections.
~.~. Roberts sai~ that on page 21 in the 6th paragraph where it
saysthat i~r. Wallaee added an amendment to the mo~ion to build
a second handball court~ etc. as it seems to be a lack of fmunds.
Is that a correct statement?
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Mr. Wsfl!ace said no, there were funds available and if you recall,
I said tb~t in the movement of the handball court~ it was with
the amendment of the stipulation that another handball court
would be added to the present one on the site when it ~s moved
and wkich was amended, passed and I thiD/~ wkich was adopted.
Robemts asked if we should strike the last few words and
Wallace said yes.
I.ir. Roberts said that he moved to stmike the v~mds ~lae/cing funds
etc, ~ £rom the m~nutes of April 17th. [4r. Harme~%ing seconded the
mo'~ion. Carried 5-0.
~dayor Jackson said we do not have the minutes of Aoril 19th, so
they will be left on the table.
l~iayor Jackson asked Mr. Lansing what would be a good time for
him to have his students leave and Fir, Lansing said that now
would be a good time.
Jackson called for a recess at 8:23 p.m.
PllBLIC AHDIENCE 8:S0 p.m.
Mayor Jackson said that durin§~ the Public Audience there was a
young girl who would like to speak.
i~ss l,[ary Edeba~ of 140 S.E. llth Avenue, Boynton Beach~ a
6th gmade student at St. ldamk~s school said she was representing
6th graders mhd would like to speak on recreation. She said it
would be desirable if mome young people would be able to play
tennis after 5 p.m.~ not just these over 2!~ since a lot of
students don~t get out of sehoo! unt%l late and are told to get
off the courts by the older people. A!so~ when they go to
prae~ioe tennis on the handball court~ they are chased away,
She said it was felt that the city should build more recreation
areas on 15~n Avenue and at the end of Boynton Beach because
there is only one departraent and it is not big enough for every-
one to use it at once.
~dayor Jackson thanked i,liss Edeback and said that she hoped Mr,
Frederick took notes.
i,~iss l,[ary Pollard of 1626 N.E. 3rd Court~ Boynton Beaoh~ said
she understands tha~ children under 21 are not allowed on the
tennis cou~ts after dark. She felt the age should be lowered
to 18 as some of her bmothers who work until evening do not
have a chance to play since they work during the day and when
they go at night~ they are chased from the courts. ~,~ss Pollamd
also feels that the water spomts in Boynton Beach should have
an AAU Sg~m Team and that she tmavels to Delray Beaeh five days
pem week to be on a sv~m team. She also felt that public school
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grounds should be left open so that children who are not able
to 9-0 to the Civis Center could use the recreational racm,--~es
which would keep them from playing on the stm~eets.
Mayor Jackson asked I4m, Frederick if he would like "co oor,~nent.
Mr. Frederick said the tennis courts by the policy established
are nor closed to young people at night and if what she says
was t~ue~ corrections would be raade ~n this a~ea immediately.
He said that the courts were to be used on a first come~ first
serve basis and that a reservation slip for the courts could be
gotten from the Sr. Citizens Building. As fa~ as sohool grounds
are concerned, the Boynton Beach Coca. unity School which the
city is eontributing to right now has its ~acili~_'es open right
now, Monday to Friday from 2 p.m. to 10 p.m. He then said they
were open every evening Monday through Saturday and we hope to
get additional facilities and if that continues to be successful,
we %~1! work on it. Regarding a swinvning pool~ the first time since
the pool has been built~ we are op~l from April let through
Novenfoer and will t~y to open year round and hope to be able to
set up an .%~%~d swim team eventually. We have school swim meets
and we need more people to get AAH started. We are getting
much more use out of the swi~in§' pool than in the past;
~rs. Jackson thanked Mr. Frederiek for his comments.
M~. Vastine came up and said he would like to congratulate Ken-
tucky Colonel~ Joe DeLongo He has never seen a person get a
Co!onelship in sueh a hurry and he is now a Colonel from the
State of Kentucky.
Mr. Vastine said he would like to speak on the Watergate of Boynton
Beach under Section 7C and also on 7D on Palx~land and v~uld
appreciate the Counci!~s consideration to !et him be the first
speaker. I eannot let go by some irresponsible editorials pub-
lished in the Boynton Beach News Journal. I would like to read
something about the editorial ~nd i cannot keep quiet any longer.
Council men.Sets fall back on the Charter World annexation should
it be approved by ~efe~endum. They should hold one for Leisure-
vi!!e and others as well.
This is irresponsible journalism because the territory that
Leisurevilie is now on was incorporated in the City of Boynton
Beach before Leisureville was built -- so the reference to a
referendum for Leisurevil!e is abso!utely~ out of respeet to
the newspaper~ incorrect infommation. I cannot help but question
this referend%unat this time. On page 17~ Chapter 7~ Paragraph
32 of 'the City ~arte~ of Boynton Beach regarding method of
amne×at~ion~ it is well defined. It is also well defined in the
same paragraph and seetion~ the procedure by ~ch there can be
o~actions to annexation. It is printed in the Charter.
Back in 1972 the State of Florida passed a bill which augments
annexation. Zt was purposely developed ~or those municipalities
that had no annexation procedure. Nowhere in this state law is
there one word about deny~Zng the people the right to object to
annexation as it is so spelled out in our Charter. I cannot
see how it is possible for the State to destroy home ~ule and
ignore City Charter. This State act is supplemental to the
Cha~ter of the City of Boynton Beach. It does not supersede
the procedures outlined if people wish to object to annexation.
I am not directing my remarks to any one developer and I am
saying this without prejudice. The petition submitted to the
City Clerk, Tereesa Padgett on November 6~ 1972 at 2:15 p.m.
v~th 700 signatures was completely ignored by a previous council.
I hope that this matter can be resolved tonight. I do trust that
tkis City Council does something through its legal department
to find out through court action or court interpretation whether
or not the Charter of the City of Boynton Beach still stands as
far as the p~ocedures outlined in this Chapter 7~ Paragraph 32
regarding objections under annexation.
I am pointing up a procedural matter in case anything comes up
in the future. T/~ere was an artiete in the newspaper regarding
Coral Ridge. The~e is goi,.-~, to be a big development %~th 2.6
density north of Golf Road and west of Congress in the Boynton
Beach Reserve Area. The day might come when they wish to come
into that density, but the City will be faced the the possibility
of supplying water and sewerage to them. There is not too much
exact information available. I submit this to the City Counc/!
and Legal Division for consideration. I v~u!d like this City
Charter of Boynton Beach clarified.
Mayor Jaekson asked if there was anyone else who wished to speak
under Public Audience.
~[r. Bruce Daniels said he would like to speak on Item 7A, Lehigh
Portland Cement Co.
A man came up to speak and said his name was ~Joe Blow~ (Fir.
Lacy Dancer, 2010 N.W. 2nd Ct.). I have lived in Boynton Beach
for 20 years in the nort_hwest section of the city and I represent
a few people. I do no~ know what the City Charter says on Coral
Ridga~ water~ sewer~ eta. but i would like to say that when there
are fines proposed on water and sewers get to be problems, I
could care less vgnether ret/red people can take a bath if I dan
water my lavm once a day or every other day or three days. I
eannot understand why buiid~ng permits can be issued for Coral
Ridge.
~,iayor Jackson said we did not issue those permits -- they come
from the County.
~ir. Dancer continued to say that Charter World is planned right
across the st-~eet from where he ~mrks at Paddock Industries --
5~ 000 houses add the same fellow developed Leisureville that has
surfl~ that canal over afoot, piping our pipeline st-~aight out to
Military Trail to Celtics Development. I can see why we can only
water our lawn every other day. The people who live here 20 to
~0 years ...
- 12 -
P~ayor Jaekson said Leisureville is not in Caldos and tb~s is
Drexel property I think you are referring to -- it is not annexed
to the city. We are furnish/hq them water and sewer~ as the
agreement reads~ as we amc able.
Mr. Dancer asked why do the water pipelines go out to Weaver
properties where Caldos is supposedly startnlnga new Leisureville.
Mayor Jackson said we %~£11 only service them as we are able.
Mr. Dancer continued, saying that we are in for ecological problems
when the canal has dropped a ~oot or two and when Caldos Enter-
prises is uoing right into Weaver property and all the people of
Boynton Beach who have been here for years and years are going
to suffer from it. It doesn't make sense to me that another
lO,000 building permits will be issued within the next t~ to three
months. Charter World is ready -- 1%orkright across the stm~eet
~om th~. They have had their bi~ wheels with the helicopter
and ~he whole works. ~ney have probably already promised two
or three mXllion dollars and whoknows what's coning into little
Boynton polities under the table. It doesn't m~ke sense but we
can only water our lawn every f~ve days but yet the pipeline is
straight out to ~.litary Trail. Coral Ridge wants to come intO
sewer and water.
Mayor Jackson said that Coral Ridge is going to get their v~ter
and sewer from the Village of Golf.
Mr. Daneersaid that he hears the problem is not just the well~
it is the whole underground. The sea water is coming in.
Mayor Jackson asked Mr. Hopkins to explain why we are hav~_ng this
about the wells.
P~. Hopkins said it was because o~ a lack of rainfall and people
sprinkling their la%,~s. It erea~es such a heavy den~nd on our
system.
Mayor Jackson asked if he didn't want all wells working at the
same time and Mr. Hopkins answered no, all wells are worPdng, but
we need restrictions so our peaks ~.~ould be reduced.
Mr. Dancer asked if it's not supply and demand that is our problen~.
Mr. Hopkins said yes~ it is definitely supply and demand.
Mr. Dancer asked why do we ask for a~other 20 to 30 thousand
more people.
Mayor Jackson said she did not believe we are asking for it and
l,~r. Daneer said they are getting it though -- it is being pushed
on them. It was annexed in and the water was pumped straigb~
up Boynton Road~ etc. as long as we can get the tax money.
13-
Mayor Jackson asked Mr. Kohl to explain about the re~ionai
sewerage. We have really nothing to say about it.
l. ir. Xo_hl said no, the ,,Area Planning Board _bas a lot to say about
the sewerage system in all of our jurisdiction here. Tom Clark,
our Cituj Engineer~ can explain further.
Mayor Jackson asked Mr. Clark to explain,
1.~. Clark said we do have a region~ service area and we are eom-
mitred to serve everything to the Turnpike as we are able, but
our eommitTnents do net obligate us to serve anyone when we do not
have the eapaeity. Someone will be serving water and sewer
~ether we remain a service agency or not. Unless someone buys
the property~ so]~eone ~d_ll want to build on it. They will need
water and waste water treat~aent facilities. I~ we do it~ we
may come out ahead and we may not~
Mayor Jacl~son thanked Mr. Clark.
Mr. Kot%l said we are in the process of building our l!th weli~
which %~l! help the situation and we are looking into three
more wells after this so we are trying to do the job.
Mayor Jackson added that we are trying to keep up. She then asked
if anyone else wished to speak in ~b!ie Audience.
Mrs. Robert Foroe of 7581HighRidge Road said she wo%~dlike to
ask a question o£ the local citizens of the area about this
annexation. How many t~ew that they were annexed
to make an industrial park in the north end o~ Boynton Beach?
She said to the Council that this is your own citizens. It was
advertised in an out of town paper. How many knew it -~ o~ the
annexation ~or an industrial park in the northern end of Boynton
Beach before we went around and inquired about it.
Some people in the audience shouted yes and no.
Mrs. Force said we got it from the Delray paper.
Mrs. Jackson said it was in the Boynton Beach News Journal.
Anything in the Delray Beach Journal goes in the Boynton Beach
News Journal.
Mrs. Force said that since there is such a shortage on everything,
how do you propose ~etting wa~er and sewerage to this area?
know they plan on using a well.
Someone from the audience asked Mrs. Force if she lives in BoyntOn
Beach. She said no~ but was a property owner and is a taxpayer.
Mrs. Jackson tha~<ed her for her comments.
Mr. O. T. McLean, 906 S. Federal Highway came up and said on the
Council's acceptance of the minutes of ApDil 17, 1973, they were
not complete -- you accepted than %.~thout bein9' complete on
page 6 -- the most important part of my beading a letter to me
back to you is not'inc!uded in the minutes of the meeting~
wherein I stated your effort to gag me was the same law violated
by the Civic League in the election violations, l~iy re~namks
made here were not included. Number t%~o, I would like to thank
the ~rLers of the Council for their consideration of the nun~
beds of people that attended this meeting this evening. I only
hope that when the meeting will not be in your favom and when
items of controversy a~ise that when you have more th~n standing
~oom audience~ you will respect the audience to be in attendance
at the meeting.
Hayom Jackson said she thought we always have.
MD. McLean said that at the last meeting there was a rumor that
when the l~i!nor case was out, you v~uid close doors and you would
follow that p?omedure the sanle as you did when you were Vice
Mayor. Number three, I hope that in the futume~ all the people
who want to attend Council meetings %~11 be present~ Number ~our
you~ for many years have been constantly watchdog~ng the City
Council (to the Playor) and all the procedures by each and evel~/
mernbem, especially regarding any matters of special interest to
the City of Boynton Beach such as tax money. In view of the
fact that you ape very much aware of an opiruion issued by Attorney
General Shevin at the request of for~er Mayor Wallace~ I do not
se~ how you can continue to act on the Council regarding Psikm!and.
At this point~ he read Attomney GeneDal Shevin~s opinion.
1.iayor Jaekson asked Mm. Simon if he heard hem ask if she was in
order in discussin9 this. She said~ I did disqualify myself
when it was just my lawsuit. You did hear me ask if I was in
order in discussing this?
Simon said yes~ that is eomrect. You did ask.
Mayor Jackson continued -- and you answered that in your opiCmion
it was perfectly legal.
MD. Simon said at the time the discussion took place you were
quite able to participate.
Mayor Jackson said, as a matter of fact, it was a lawsuit against
all five of us~ corDeet? Mr. Simon said yes,
Mr. McLean said he showed this opinion of Attorney General
Shevin to many disinterested officials, !eqal~ professional and
political, and each one expressed the same opinion, tf they
were in youD place, they would not have acted.
- 15 -
t~ir. Roberts said he thinks the Council is trying to do its job
and the members are ~uided by the City Attorney and possibly
other attorneys and he suggested that if Mr. McLean wants to
take issue, he should ar§~e %,f_th the attorney or take action one
way or the other.
~. McLean said he was stating an opinion and reading the opinion
of the Attorney General here,
~;re. Roberts suggested moving along %m_'th the business because
there was a long agenda.
~:ir. McLean said he expects the same privilege 9~anted to the
President of the Civic League and said that he now wants to
discuss sewer and water. A citizen was asking why we are short
on water. Is it not true that when the Cha~ter was ~iven to
your City by the State legislator: it speeifia~ealty z~eads that
your City would provide on demand water and sewer -- not when
available?
~iayor Jackson said that's when it is annexed.
~. McLean said on demand~ not when available.
~ayom Jackson said that's only when it is in the city limits,
Mr. PIcLean said he wanted an answer. That is number one --
isn't it true by the middle o~ 1973 Boynton Beach cannot serve
the citizens o~ Boynton Beach on sewer and water?
~rs. Jackson said he would have to ask 14r. Hopkins that question.
Mr. McLean then said isn't it true that if this Council got
through and stopped spending money on useless lawsuits and
started working towards developing water and sewer facilities
for tb/s eity~ it would be at least one year before you could
even beg~2n to have enough facilities available ~to have enough
water and sewer for this city9 A~e we not going to route all of
our sewerage to meet Delray and have to pay Delray to process
oum sewerage simply because the Council has ~ailed to act in the
interest o~ Boynton Beach?
Mayor Jackson said no.
Mr. McLean said isn't it true that there is enough water in the
water sheds to supply the necessary water to the citizens of
Boynton Beach i~ it were provided for them of which the City of
Boynton Beach has or could have the money and facilities to
provide this water? What is ~ong?
Mayor Jackson asked if there was anyone else %~2si~ing to speak in
public ~udienee.
- 16 -
hr. Jol~ Hess, 7075 High Ridge Road, said he wanted to inform
the Council of a motion to intervene in the recent temporary
injunctn2on order issued by Judge He%~zitt regarding the use of
High Ridge Road as an acoess road to the proposed North Boynton
Beach Indust-mial Park. There will be a hearing in Judge Hewitt~s
e/~ambems tomorrow to decide whethem or not the grounds are valid.
I v~uld also like to reserve the right to speak on Item 7B
on the agenda.
~,iayor Jackson asked ivir. Hess to clarify whethe~ he %~s referring
to A or B, }~, Walflace said he thinks l~%r. Hess means A and
14r. Hess repeated~ A.
1,iayor Jackson asked i~ anyone else wished to speak before public
audience. She aeknow!edged a gentleman in the back of the room
and asked if he would raise his hand as it was diffioult to see
l~[r. Vance Senseman, 231 Pine Point Dmive: Boynton Beach, said he
has a petition i,~hich he hoped to present to the Council at the
pmope~ time with regard to the expansion of ~he North Boynton
Beach Industrial Park. He said he believed it v~u!d come under
Item 7A or B.
blr. Wallace stated that Item B under 7A has been asked to be
dropped from the agenda so that Item B ~1! not be considered
but Item A would be. The audience raise~ its voice as to why.
Mayor Ja~son asked l~r. Xobl to explain why Item B is being
removed from the agenda'.
~{r. ]iohl said he received a ca]_l that afternoon at approximately
3:00 p.m. from Rinker Materials~ t,~. Jerry Jackson~ asking to
be d~opped from this meeting and to please put them on the next
special or next ~egu!ar meeting.
The audience again raised its voice as to why.
~i~. ](ohl said that t%ir~er Materials did not say why: they just
said they would like to be taken of~ the agenda. Mr. ]~o~hl said
that he took it at this.
Mayor Jackson requested that if someone in ~he audience had
something to say to please come forward to speak and not to
interrupt. I~ they (Rinker) asked to be taken o~f the agenda,
this is their privilege~ i~aybe they'd rather come to a less
crov~ed meeting.
~ir. Dancer c~%e forward again and said it is very possible
for them to have a special meeting. This way the public is no~
aware of what is going on behind closed doors. He said that's
a ~aaturalfirst ~eaction isn't it?
- 17 -
1,~yor Jackson said she believes they wanted to have it ~¢h~n there
is a less ero~,~ed agenda as there is tonight. They'd like to
come ~hen they have more time, ~rs. Jackson said she would like
everyone to come who can possibly come.
Mr. Dancer said they are planning to move their whole plant --
a $3-4 million operation per year -- and they don't have time
to show up? $3-4 million is a lot of money.
~Jlayor Jae/<son said that's up to the Rinker Company.
Dancer said there's a possibility he could show up if it's
~rth mow_'ng his whole plant.
~iayor Jackson said t~hat's Imis privilege.
Mr. DeLong said that a partieular meeting was not specified, but
either a special or a reg~o/tar meeting -- and he asked Mr. Wallace
if this was correct.
~. Wallace said that ~ he 'knew was that in coming in this
evening there was a request made by the City Manager~ perhaps as
far as and because of the iength of the letter that was received
this afternoon from these people that they asked t~ be deleted
from the agenda. It makes no d~fference to me when it is dis-
cussed. But in the past~ we have always afforded this courtesy,
If tl~ey were given that decision this afternoon: then i thi~k it
behooves the Council to abide by it.
l~ir. DeLon9 said, suppose we agree an%on9 ourselves to schedule for
a regular meeting night instead of a special meeting night so there
won't be any suspicious feelings that some of us fright pull a
fast one.
~r, Wallace asked if he might make a suggestion that inasmuch as
it is evidently of the utmost interest as far as these people are
coneerned~ that the plant be moved in a specified period of time:
at least as far as the letter i saw that was received as far as
the City itself is concerned at that t~me, ~ make the request
that it be added to our ne,,~t regular agenda ~und the people
P~nker be notn£fied that a particular time will be dedicated and
then follow it from the~e.
Mayor Jackson said she believed that is May 15th and ~r. DeLong
agreed.
Mr. Leslie Thompson~ 1804 Tom-a-toe Road said he wished to speak
when the time comes on Item 7A and since representatives of the
~inker Company are here to notify them and all citizens here be
back at the regular meeting. This was followed by applause from
the audience.
- !8 -
~.~yor Jackson asked if anyone else would like to spes_k before
the public audience.
BIDS
Mayor Jackson asked Mr. ]~ohl if he %~u!d exptain~e bids.
Filter Sand & Gravel
l~k% Kob~ said v~th regard to o_ds on ~ilter sand and gravel,
we have a bid f-~Om Nor~hern Gravel Company for a total o~
$18, osI,~Qi We did have $18~000 i~ the budget and i£ thzs is
approved ~y,~he Council, I would like to have $ 57~ 60...
i~terrup~onin the audience,
Mayo~ Ja¢~son~requested .the audience to be quiet and for those to
outside %~h0 ~she~ to talk.
~iro ¥ohl wentonto say he would request $57.60 be transzerred
~om anothe~ account to covert he filters and ~dqravel bid.
M~. DeLon~- movedto accept the recommenda~on of the Tabulation
Commi~teeto accept, this bid and that the n~ney be transferred
from anotheD account, l~i~. Harmening seconded.
Mayor Jackson repeated the r.~tion and asked Mr. Kohl if he would
like to specify ~hat ~ca°unt that might come f-~om.
~. Kobfl said it would be charged to ~:6120-518 -- it vould con~
from the same department.
Mr. Roberts said he %mutd like to ask a question of Nm. ](ohl
as to whether that is one bid only.
Kohl said yes~ only one bid was received.
Mr. Roberts asked i~ anyone knew how this cost compared to any
previous costs and is it in line with those costs.
Mayor Jackson referred the question to Mr. Hopkins who said the
last price on gravel was in 19~5 m~d this is 18% higher than
the prices in 19~5.
Fir. Wallace asked ~lp. Hopkins if this was approximately the same
cost when Compared with costs nmde as far as this company was
concerned -- i~ they are the suppliers to any local municipalities
around~ such as West Palm or another city or cities %~[thin this
area. Is this actually in line inasmuch as this is the only bid?
Mr. Hopkins said he did not personally check it, but he was sure
that the Pur~hasinq A~ent did.
Mr. DeLong said it must be somewhere in the area because we did
approve the amount except that it was about $50 sho~t,
- 19-
i~!ayor Jackson asked if there was any further discussion. I~otion
carried 5-0o
~iayor Jaekson said the next item u~%der Bids was that on the
dog pound, l~%r. DeLong moved to reject that bid and' re-advertise.
i~Ir. Wallaee seconded. }~ayor Jackson asked for any f~rther
discussion. Carried 5-0.
LEGAL
~,~ayor Jackson announced ~e next item on the agenda~ Le~al~
and asked if the~e were ~y second readings on any ordinances.
She t~en said there's one on f~rst~
i i -- proposed
ordinance 73-15.
l~r. W~]ace said before reading, was all this clarified inasmueh
as we just ~eceived new guidelines and all this mee~s it?
Mr. Si]r~n said yes, this was just prepared after the review
of the new ~ules and ~ ~'
regu~aulons. He then began 1st reading
on ordinance 73-15.
~,~. Wallace samd mt r~ght be ~se to move this £rom the table
and so moved, seconded by Mr. Roberts, Carried 5-0,
Mayor Jackson apologized as the item was way do~ at the bottom
and she did not see it.
I, im. Simon began the 1st reading of ordinance 73-15 of the
City of Boynton Beach~ Florida~ p~ovidinq for the expenditure
of 10% of all revenue sharing ~unds received under the State
and Local Fiseal Assistance Act of 1972 and for ordinary and
necessary maintenance and operating expenses for social services
for the poor or aged~ providing for au~]~ority to codify~ savings
claus% repealing provisions and effective date for other
purposes.
Mr. Harmening moved for the adoption of ordinance 73-15 on the
1st ~eading. Mr. DeLonq seeonded the motion. ~ayor Jackson
asked i~ there was any discussion, t~fotion earried 5-0.
Resolutions
l~ayor Jackson introdueed the next item on the agenda and
questioned ~ir. }~ohl on the item he %,~shed to have tabled.
Mr. ]~ob~ said he would like to have items 1 and 3 tabled.
Wallace moved that items ! and 3 be tabled. 17~. RDberts
seeonded the motion. Carried 5-0.
Kohl said that he would have these on the meeting of May 15th
i~ they were not ~eady then~ he %~uld notify the Council at
20 -
that time and they would be ready ~or the next meeting.
Mayor Ja~son asked Mr. Simon what the number of the next
resolution was.
Mr. Simon said the next resolution deals with the labor relations
policy of BoyntonBeach, Florida -- 7S-AA,
Mayor Ja~son asked Mr. Simon if he wotuld like to read it and
Mr. Simon read -- a Resolution of the City of Boynton Beach~
Florida, setting for~chthe regulations policy of the City
of Bo~nton Beach, Florida.
Mr. Wallace excused himself to ask Mr. Simon i~ this resolution
had to be read in its entirety at one reading and with the
willingness of the Council, asked that the resolutions be moved
do%ch under OTHER B~SI~SS because he said he thinks most of
these people are here for something other than resolutions.
Mayor Jackson asked Mr. Simon to leave o~f on page 9 -- and
i~r. Simon said it was all ~ight as long as it is read in its
entire~cy tonight.
Mr. Wallaoe moved that the second half of the 8 pages and the
memaining resolut~Lons be moved doyen to Item 10 on the agenda
when it eomes up under administrative order. ~. DeLon9
seconded the motion.
Mayor Jackson repeated that it bas been moved and seconded that
beginning on page 9 ~nd the rest o~ the resolutions v~l! be
deferred until the rest of the meeting is over. Mr. Simon
said that for the reeord, make that page 7 because this is
typed differently.
Mayor Jackson asked if there was any discussion. Motion carried
5-0.
Mayor Jackson introduced thenext item on the agenda~ to consider
the request of Lehigh Portland Cement Co. She then corrected
herself to say -- Hnder ~D~ Other.
Discuss the Rules of Goverrm,~ent -- on the table
Mr. Harmening moved that this item be removed from the table.
It was seconded by Mr. DeLong.
Mr. DeLong said that at t~s particular time, he would move to
turn the rules of governme~k over to the City Attorney beoause
~nere is a lot of material in there that is not applicable
to we here in Boynton Beach, but I believe that Mr. Simons
will be able to decipher just exactly what %~1t be suitab3~e
here and which would not. So, therefore~ I move to turn tlmis
(the Rules of Goverr~,]ent) over for condensing by the City
Attorney. l~ir. Ws3_laee seconded the mDtion.
~ir. Roberts asked if that was the entire section -- or just
Section 18. ~r. DeLong said the entire rules that were
presented to us. ~;lr. Simons %~11 decipher, condense, and then
bring back what would be applicable to our particular situation.
Mayor Jackson said that she would like to see Section 1S in
part~_cular and P~. Wallace said that was the only one he was
interested in. He asked if that wasn't the onlyit~m that was
marked. Mr. Wallace said that in the beginning when this was
presented there were about 1S pages~ but there was only~one
item in there that was redlined that was supposed to be apprgriate
so he would ask for an amendment to the n~-ion to state that
particular item to which ~ir. Roberts referred which was Item 1S.
Mr. DeLong said that's right and that he as the one who made the
~tion aceepts the a~ndment, lzim. Marmening seconded. Mayor
Jackson asked if this could be voted on all at once and
DeLong said yes.
1;layor Ja~<son said it has been n~ved and seconded that we ask
the City Attorney to delete as much of this as he can regarding
Rule No. !8. Mr. Simon asked if the Council wanted just Rule
No. 18 and Iv~yor Jackson said yes. l~iotion carried 5-0.
Le~high Portland Cement Co.
}3~ayor Jackson asked if ~ir. Bruce Da~e!s was the g~nt!eman
who would like to come up and speak and asked also if the
gentlen~n who wanted to use his court reporting instrument would
like to come up also.
Mr. Bruce Daoiels of the fizz., Lesser, Lesser and Daoiels in
~est Palm Bea~n~ representing Lehigh Portland Cement Company
rose to spe~. He said prelirainary to reaching the reason for
being here, he wonld like to distribute a couple of items that
mgght help in explaining the situation. I would like to pass
a map along the table if you v~uld each take one to see ~nere
the property is located. I ~m sure you are all aware of
~',s, but I want to be sure. Lehigh Portland Cement Company
ouu out a booklet vf~uich I ~!! pass out for each of you to
examJ_ne~ refteetinc~ ~ae type of concrete p!a~t proposed on
pages 4 and 5.
1;~r. Daniels added for the benefit of Council that this is a
ready-mix pla~co In sketch A, if I have this right, and if I
do not: I have some experts here to help me -- in sketch A
the conveyor belt that is leading up f-rom the lower right-hand
side from the top of the tower towards the left center is
bringing up the aggregate. ?ne tower to the left of the place
where the conveyor belt ends (the one at the extreme left end)
is ~nere the concrete is -- water is mixed also. These three
- 22 -
items will be used on the property~ but will be kept separate.
~en a truck drives under that tower~ the first step of the
manufacturing of o~ent takes place because the aggregate~
the concrete and the watem are kept in the truck and that is
the first ~ime anything is assailed on the property. From
that point the truck is driven to the site and as it goes
to the site it does the process of m~ufacturing: if there is
a process of manufaeturing -- that is r~xirmj the three elements
in th~ t-~uck.
Mr. DeLong said he wotmldlike to ask ~ir. Daniels a question
through the Chair. He said you show a pieture of a hopper --
what is the height of the hopper?
~ir. Da~ie!s asked whieh one was being refer~ed to and ~dr. DeLong
said the one which shows the truck is under the tower~ and
l~Lr. Daniels asked if it was A or C.
1.%r. DeLong said C and also A and also D,
~4r. D~nie!s said that he would.have to get answers on C and
D, On A~ it is approximately 45 feet.
1.{r. DeLon~ asked about the other ones. ~fr. Daniels said he did
not know [bout the others.
~r. DeLong asked if l~[r. Daniels was aware that our city ordinance
states that you cannot have a structure any higher than 45 feet.
~4r. Daniels said yes, he (and Lehigh Portland Cement Co.) were
aware of the lir~ta~ions in the code and that is exactly why
they were here to?/ght. He continued by saying that all present
tall< was for back-ground.
This property is zoned iL!. On April !2, 1973 I came here %~ith
the eng~ineer from Leb/gh -- a complete set of plans whieh I
have here, drawn %.~th your building codes in mind~ attempting
to follow all codes at that time~ be~ring ~he-~oard of Health~s
approval for the septic ta~ and well~ but not bearing at that
time the Pollution Control Authority~s approval which has since
been obtained and is on the plans. These were presented to
your Building Department. l,ir. Barrett wrote the letter which
he attached to my letter of April 17th to the City Manager in
which he says~ ~Please be advised that due to a lack of specific
category of use in the ~%1 zoning classification, applieation
for a building perrm~t for a ready-K~x plant is hereby denied.~
On .April 17th I wrote ast~ng to appeal that matter to the City
Council if that was the appropriate place. ! also wrote a
separate letter because of the provisions of this particular
ordinanee~ requesting that the matter be placed on the agenda
of your Board o~ Appeals. ! am here tonight on this agenda.
To n~y P~now!edqe~ I have not yet been set on the other agenda~
nor has my cheek which aceompanied ray letter been eashed, but
23-
the matter is being held in abeyance. ! do not know why. I
only know that I have to pursue this n~tter and having made
an app!ication~ I hope that it 95_11 be dealt ~-th promptly.
If this Board ob%~ates that prob!~n, of course, that's something
else. The building plans were not rejected because there ~s
any defect in them -- re_~saI was to examine them. That being
the ease, the telesat was to allow the processing of the permit
at al!. ! refer you to your PI-1 indust-~ial district which says
use is pe:~mitted (1) any use permitted in the ~C-2~ general
commeree distmict~ (2) any other use o~ a wholesale or retail
commercial %varehouse or m~nufaeturing nature~ including storage
yards, truck to,hals, providing that no usage is obnO×~ious
because of the emission of excessive amounts of dust~ dirt:
gas odors~ smoke, fu/mes, noises, or vibrations~ nor possess
an abnormal explosion hazard; (3) junk yards (I tkink that it
is irrelevant so T ~11 ignore)~ (4) no residence or t-~ailer
perk. ~s is another use of a warehousing or manufacturing
nature. It may even be considered a retail or con~aercis~ nature.
It is in essence a sto_~age yard wherein the products to be used
in the mixing or ready-n~x is to be stored and a trucking
terminal, both o~ which are specifically allowed here. Theme
is no showing of any use obnoxious because o~ emission of any
of the items speeif/ed in the ordinance itself. For that reason~
we feel we are asl~[ng this Council to direct the Building
Department to contmenee the processing of 'this building per,mit.
That is the issue before you tonight and if there are any ques-
tions, I ~i!t be happy to answer them or get answers.
Mr. DeLong asked Mr. Daniels i~ he said this had been cleared
through the State and Federal Pollution Agency and is this
entire area that you intend to occupy going to be completely
blacktopped°
Mro Daniels acid I think it is the Florida State Pollution
Control through which we must get approval and we have obtained
that approval. The Board of Health is to another matter and we
have approved that. Regarding the question of blaoktopping~
the answer is in here~ but no one wi~_l look at it. T~e answer
to this specifically is no~ we are not blacktopping.
Mr. De.Long said he would be most.happy to look at it~ but he
was of the opinion as to how the Pollution Agency granted a
pear,it if they would not insist upon blacktopping the entire
area to hold the dust dove. There was general applause fmom
the audience.
Mr. Daniels said he was sure that ~r. DeLor~ was aware that there
are other methods of holding dust do~.
Idr. DeLonc said that the water wagon or hose theme does not work.
Mr. Daniels said that the point is: there is no dust problem
24-
because those areas which are used for road surface would be
prepared according to your requirements in the City to meet
your standards. That's ~hat we are ready f~r. It's areas
that are approved that are outside that~ and there is a watchable
planning area -- I believe the west end of the property~ away
from the railroad tracks, v/nich ~¢~ill be the oraly area that might
possibly be visible from High Ridge Road because Lehigh p~ope~ty
terminates on that point, -But the point is~ the landscaping
accordi~- to your landscaping ordinance~ is that there is an
at'tempt to beautify the area so that it ~ill meet the surrounding
a~eas as you 9~1! anticipate them to be developed.
Mr. DeLong said the beautification is all well and good, but
if you can't control the dust situation, there is your problem.
Mr. Daniels said yes, I agree. If the dust situation was not
controlled, how would we get the Pollution Control Authority ~s
approval?
Mr. DeLong said maybe they ~cul~ go as £ar as we would in our
requirements. We are the ones who have to live with it.
Daniels said he was going to speak to ~;~. Meyer.
Mr. DeLong said Mr. 14eyer is not going to eon~_'nce me unless
the ec~tire area ~_l! be blacktopped, That is the only way to
keep the dust do%wn.
~Ir. Meyer said there is one comment in favor of not blacktopping
and that is in the area of drainage or perculation. In other
vords~ if you blacktop the ent-ire area, you do have a problem
o~ pereulation or a drainage problem.
Mr. DeLong said you can drain it, can't you?
Mr. Meyer said we do use extensive grass area.
~. DeLong said you have a grassy area there and you can
always sv~teh ~or drainage to that area. You are nor going to
be bad off for drainage area if you can overcome these problems.
If it v~as a definite necessity and this was the only thing
holding it up, you would certainly resolve it.
~. Meyer said the areas traversed by the loaders are quite
extensive, but if you review the plan~ you ~ll be quite im-
pressed with it.
Mayor Jackson asked %~ere the access road was going to be.
~ir. Daniels asked specifically to the property limits or from
the property generally out.
~;_.'ayor Jackson said ou~ -- into Boynton Beach.
Mr. Da~_mie!s said ~che only access to the property is the only
25 -
one that was ever there -- High Ridge Road to the north.
Mayor Jad~son asked if Lehigh wasn't going to build a proposed
ex'tension, referring to High Ridge Road.
this is a
~Ir. Daniels explained that ~ Count~3 map or a local one
which Lehigh just set its location on v~th an ~X~' so they eould
~ind it.
~i~. DeLong said he asked a question before, but did not get an
answer-- it wotuld se~m to me insofar as the roads ame con-
cerned: I was under the impression and ! may have been misled
o~ I may have misinterpreted it, but it ~as my understanding
that from the north to the south o~ the property, or from the
south to the north of the property, there was a dedicated
rights of way o~ 80 feet that was g~'ven over to the County.
Is this or is it not a fact?
~ir. Daniels said he could not answer that and explained that
he was not trying to mislead anyone, t~r. McLaughlin and Mr.
Taylor ox~n the road frontage and were obligated to provide us
%~ith a road f~om that road to this prope~-f, aas part of the
purchasing arrangement. I do kaow that there was a plan
offered where there was a proposal through the County for
the dedication of a z~_'ghts of way. I do not know how far it
went.
~4r. DeLong said the fact ~ am trying to arrive a~ here, aside
from the cement plant -- we are talking about the issue of
a road now. If this Ridge Road is a County road and na'~urally
the extension going south still would be County part~-eu!arty.
If so~ the o%~ners of that property have dedicated a right of
way which I understand was somewhere in the neighborhood of
60-80 feet which would make a worthwhile right of way. I
firmly convinced that this becomes the County's- baby~ if they
have accepted the ri~-~tof way because then i thiok it
be encumbered upon them instead of landloc]dng this particular
project out here that they then would get in business~ starting
an order o~ taking a road further south t~o continue High Ridge
Road to have it terminated at 22nd Avenue° I think this is
a matter that has to be resolved.
t.{r. Dmtiels said he could not resolve it.
~dr. DeLonq said I think you should have a definite interest in
it because you are asl~r~ for something that is~ry objection-
able to the people who live on HighPddge Road, particularly
on account of the fact that you are going to create heavy
traffic onto 2~nd Avenue. The out to that ~uld be a southern
truck route into 22nd Avenue.
I.~yor Jackson called ~or order in the meeting hall at this
time. She then asked ~. Daniels how much Lehigh's trucks weigh.
- 26-
~ir. Meyer answered that they are within the legal road limits
-- vritbin the State Highway Department regulations.
Mayor Jackson asked if Lehigh was witkin the specific loads
that are on High Ridge Road now.
1.'~. Daniels said that is a legal question and he %~uld not
answer it.' T do not to, ow what the limits are on High Ridge
Road today; the last ordinance passed by the County revoked
the prior ordinance setting the road limit and just closed
the road to trucks. There is now an injunction in effect
stopping that ordinance from being carried out. It is left
temporarily until that suit is concluded and I do not think
you (the Council) or I can ans%~r that. It's up to the judge
who~s got the case in front o~ tuim to determine where it sits
or not. it is a problem and I don~t deny it, but that is
something that will have to be resolved ~hrough the Coun~
as far as the road to the nor'ch is concerned.
~Iayor .Jackson said there are signs on the weight of a truck
because i was up there on Saturday and i did see signs on the
weight load -- on the weight of a truck.
14a~or Jackson then asked l~r. Daniels if we can come back to him
or was he through. Mr. Daniels said yes, he presented ~at
he had to say.
i~tr. DeLong said let me make a correction for the benefit of the
people who did not cotton to this idea of ~2nd Avenue. I am
not talking about taking this to 22nd Avenue through a resi-
dential area, but routing trucks to the west toward Congress
and I think it is something that is very lacl~ng in this city
at the present time -- the appropriate t~uck route throughout
the entire city. I thinkthis is something that should have
been done a long time ago -- getting the city lined up with
truck ~outes.
l~ir. Daniels said not t~ labor the point: but if we were in a
position to control this~ we would be happy to do it because
we have a dead load of four miles carriage for any trucking
out of that plant to deliver to the south. If the reverse
were true, that we were sendin§- a truek north and we sent it
south first on High Ridge Road to 22nd Avenue and wes~
· That
means it would be considerably less costly unless we'had more
than four times as many ~oads going north as south. The estW_mate
is that 70% of the traffie will be sent south. We have to be
he, nd that solution, but we don~t have the way to ~rl< it out.
We only hold part of the card.
~4r. DeLong said Ithink it should, be worked out ~th a traffic
director within the immediate city. There are other cities
around here who have suitable and feasible truck routes and the
27-
trucks are routed along those streets that are so designated.
If these people have to go out of their way a little to accommodate
those people residing in those cities, this is what they have to
do. They do it in other cities, why not here.
Mr. Daniels said we like to live with our neighbors -- that's
not our problem. I have said this consistently in this thing,
but no one has bothered to talk to us about it~ They just
murmur. ~;~y point is what you have been presented before and
what we present now and if you wan'~ further presentation~ we will
sho~ you that Lehigh is doing its best to live in the communities
in wP~ch it is operating and that is exactly %fnat %~e are talking
about here. We are ~:6_lling to cooperate. Our p~oblem since
we came in is that we have made an app!ioat~_on and the code ~u/M.
seem to clearly coger the s~t~ation and we v~u!d like a reversal
}.iayor Jackson asked if P~. Senseman would like to speak.
l~im. Senseman said he has a petition of yoore than 500 names f~om
the vicinity east of the tracks and ~uostly toward the northern
end of Seacrest Boulevard, and it is with regard to the enlazging
of the North Boynton Industmial Park. This petition is against
this.
1.[ayor Jael{son asked i f he would like to read the ~..ordiug and
~ir. Senseman said yes -- ~We as residents of Boynton Beach
vigorously oppose expansion of North Boynton Beach Industrial
Park. The potential int-~usion of ~ailroad spur tracks to service
heavy and dirty industry, the noise pollution that accompanies
train s%~itclqing, large cement mixing t~ucks~ severe t~affic
problems and the obvious health and saTety hazards are inm~nent.
The impending economic 10ss of ou~ property value by the way
of eventual clustering of auxilliary support companies to
accommodate a concrete block operation and cement mixing plant
is beyond ealculationo~' This is the gist of this petition.
Playor Jackson asked 1,fr. Senseman to hand the petition to the
City Clerk, which he did. She asked t~1r. Senseman if he wanted
to say any more and he said that the petition pre'~y well
stated the ease.
}-{to DeLong said he wanted to speak on this particular situ~ation.
He said he has always ~ecognized the might of the people to
petition and he has always been in the co~ne~ to ehampion that
right. From all indications: it appears to me that t_b~s is going
to be a very moot question as to whgther or not we go to oou~t.
He said there were certain factors that appear ~'nieh he would
want legal advice from I~ir. Simon on in that it appears that
there is a laxity here in the respect that we have specified per-
missive uses and there has been a laxity in not speeifying
p~ohibitive uses. Now v~aen you try to analyze or visu&lize
a plant of this type and then go along v~th .what you do allow in
these zoning classifications: such as junk yards, smashing of
28 -
cars, tr_uek termgnals, etc.: it is a moot question in my n~nd how
solid a ground we are on. I think it is something for the city
attorney to determine. The point I am. trying to make with you
people who are coning in here and objecting, and the City Council
recognizes and honors your objections, and then has to go to
court for doing so, then don~t holler about using your money
for legal fees. This is what you are asking us to do.
~;~. Roberts said just for information~ I l~ow that the Pneumat~_c
Tools is now building on that particular land and was given a
permit by the County.
The audience and l.~ayor Jackson said no -- they were never in
the County.
Mayor Jackson added it was in the city,
~!r. Roberts said he would not go back to that because it was
getting eo~nplieated~ because as ~. DeLong pointed out~ the
operation is !anclloeked ~th con~e~n as to how you can a~]o~
industry to go in there without any water or sewer or any
commitments to the City.
The audience applauded.
Mayor Jackson asked M~. Barrett if he eou!d answer that.
Mr. Barrett said they have a permit from the County rom a
septic tank and a well, at that point, k~ere a sewer is not
available, a septic tank is allowable in the City,
Mayor Jackson asked what about a road?
l~r. Barrett said the road is not land!oeked, it was available to
them through High Pidge Road.
~r. Wallace said just for a point of clarification, I think we
are rehashing some~ning that h~s come up a couple of times and
referred back to the minutes of March 20~ 1973~ zomin~
industrial, l~frs. Jackson asked ~%r. Simon if he had the Charter
Section 31-!0 under zooJ. ng and ML!- ~ ~nder ~A~: second
paragraph and would Mr. Simon please read it. This was done at
that particular time. He continued on to quote that ~4r. DeLong
remarked that the problem here if this particular annexation in
zoning was not so much of anything of a legal nature: other than
the~fact that %~e would be getting an ~i-1 zoDing and land has
already been sold for a c~ment plant which is not considered~-I
and will have to establish in our minds in this very we]] compiled
report and go over it step by step. It appears everything of a
legal nature was complied with and now one pameel has been sold
for a cement plant. Two questions come to my mind: !)
is going to determine whether or not you are going to classify
this as heavy industry instead of light industry in view of the
fact that it is not specific in our zoning ordinances as to what
- 29-
the prot~bitive and permissive uses are insofar as a cement
plant is concer~ed~ and 2) also it appea~s that if these ordinances
have been in effect for a number of years~ particularly at the
time kinder Game into Boynton Beach: this would bring up the
question that when 1-95 comes a!ong~ it vDuld mean the end of
this part-lcular operation. I understand that they were pushing
up further to the north and % quote from the minutes of that
particular time, '~and it was turned down at that particular
meetin9- because of the same type of facts that were brought out
at this time. ~ We had recess supposedly at which time the plans
were laid out and as far as the drawings and so forth weme con-
eerned at that time and as soon as these people get through ~ith
wl~t they have to say~ again I vzlll make the same motion I think
that was made at that pa~ti~dla~ time, that it be t~rned down.
But let us leave it open for discussion a~ this point.
There was some discussion bet~een l~yor Jackson and the a~di~nc~
as to who would speak next.
Mr. Hess said to the Couneil that the previous body annexed and
flagrantly rezoned this area which is in question now kn-th utter
disregard to safety, environment -oroteetion, health for the
citizens of the tov~ship or citizens of your reserved annexation
area, namely, the residents on High Ridge Road. It is my intention
to inform you that we solicited the state and federal En~_'ronmental
Protenc~on Agency and also solicited the services of Attorney
~ir. Phil O~Connell, Sr. and ~,ir. Lawrence Cooper to stand ready to
take action concerning any damages incurred by future action. In
regard to the question~ Mx. Daniels asked concerning the weight
restrictions of High Ridge Road: the weight restrictions are 6
tons per a~le. This ~,~uld put thorn in excess of app~O~imately
50,000 lbs. on present restrictions. Concerning noise and dust
pollution, property devaluation, etc., I thir~ one thing you have
overlooked~-~ we assume that al1 of the th~ngs t~ey are going to
produce/are ~omng to get the ~aw mstez~als ~y rail-
z'oa~_n9 them in. Nob. sa Dnl!u~ion is involved in bringing them
in Dy rail. Th~y'z~e going to disperse this me~handise through
some vehicle -- it,s going to be heavy trucks; both dust and noise
pollu'~Lou are involved in that area. I would like to have this
earefully studied because one recent artinl e that appeared in
the News T~ibune in the city of Stuart~ Florida: where they
studied this same matter concerning concrete plant~ they deemed
it not an M-1 area, but an t,I-2. We do not have provisions for
specifically a concrete plant under ~.{-1 -- perhaps you need to
consider the probablility of setting .up a specification for a
concrete plant under another zoning code. That is all I have to
say.
Mayor Jackson asked Mr. Thompson to come forward.
~. ~nompson said a o_g amen to everything that John Hess said --
in addition to the fact that we are going to have a spur track
- 50-
paral!e!ling some of our homes, we do not live on the other side
of the railroad tracks and 1-95~ as the 500 people who signed
this petition -- we live next to it. We live in the area where a
million and a half dollams %,~rth of residential property depends
every day upon their water -- on wells~ whioh we have sunk in our
yards~ groves~ in the upper end of the water table that these cement
plants in t~s indus~cry are going .to have to draw their water f-~om
because you are not furnishing them water. Is there anyone who can
"cell us how much wa~er they %,~21! eomsume? Our water table has
already dmopped considerably due to the fact that Leisureville
has drained the canal and it is lower than it has ever been before
in its history and the water table is down. We would not be able
to have enough to' water the la~ns or have enough water to do the
necessary daily activities in our homes if ~ have all this industry
using it~ and part/eutarly one or even t%.~ cement plants because
I know there is one more in the off-lng, whether they want to say
so or not tonight. The eoology of the land has been changed --
people have ignored us. That road is about 2 inches thick and about
20 feet %.~_'de and was supposed to be used for residential and there
are 46 little children that live on High Ridge alone. I pra~ you~
City Couneil~ m~/~e up for the mistake of the last City Council --
they did annex it and zone it against all moral £ibers. For God's
sake~ do not allow any mome indusZ-z~y to come in to muin our land.
The audienoe applauded.
Hayor Jackson asked another man in the audience if he %~L~ld like to
speak from where he was -- but to speak loudly.
The man stood in the audience ~ith the assistance o~ a walker and
said he %,~u!d like to ask th~se two gentlemen if they lived a mile
and a half away f~m that piace~ whether they would want a plant
built there.
Mayor Jackson asked if he means the two attorneys.
~e man said he had just bought a new condominium theme and that
he was told by these people there ~11 be no dust. He has seen
too many cement plants~ they oan~t teil him there ~n~t be dust.
Hr. DeLong asked of the 500 names subr~tted on the petition -- are
these people %~thin the city liners of Boynton Beach; I Y~ow the
people of High ~idge will not have any objections if we spend their
tax money going to cou~ -~ I am worried about the people of
Boynton Beach.
Mayor Jackson asked ~,~s. Padgett to check the names and Mrs. Padgett
said, at a quick glance~ the addresses indicate BO~nton Beach,
Another man asked if he could speak now. For the record, you have
approximately 500 or more petitions. We who live on the other
side of Boynton Beach amea on 26th Avenue and 22nd Avenue did not
'know about this particular situation until early today and it is
our intention to also file a petition ~ith you people some time
within the next 10 days or t%~ v~eks and I%~sh to go on record.
ldy name is Nat Brower.
31-
Mayor Jackson asked bit. D~niels if he was coming back with a
rebuttal.
Iv]r~ Daniels said he would like to make a couple of comments. I
would like to state to the commission and make it quite clear,
what I have heard here tonight was a lot of complaints about
annexation and zoning on the property. The p~opert~ is annexed
and zoned. Your }{-1 is an industrial zone -- it doesn't say light
industrial, it just says industrial~ and whatever that del-init/on
is -- thatts what we are here on and that is what we are applying
£or -- this is a question of whether or not a building permit is to
be granted or not and you have already set the function in your
prior ordinances. I will let your competent City Attorney tell
you what tllis sl~ boils do%~n to, if you l~ke. ! just wart to
make it e!eam that l.[r. Barrett~ in doing his job, said no, I am
not going to look at it. There will be no permit because of
the fact that there is no specified zoolng classification.
I s~a here, I think I have showed to you~ there is -- you have a
decision to make. I ask whatever you do, if this Board takes a
definite ac~_'on~ that you elarify your position on your Board of
Appeals~ either that I go there and be heard there~ or that they
not hear it~ or that the matter go directly back to the Buitdin9
Inspector -- and grant the permit or at least consider the plans
and move forward on the permit that tP~[s is not a basis for
denial. These are the various alternatives.
Mr. DeLong, through the Chair asked Mr. Simon iT on our Board of
Adjustments do you have redress on an item of this nature?
Mr, Simon and Mayor Jackson said no.
Mr. DeLong said when you talk about the Board of Appeals~ I think
that you mean the Board of Adjustments. I do not believe that
these particular items are handled by our particular Board of
Adjustments, so your final appeal is right here before this body.
Mr. Dapiels said that may be, this is a question of which ordinance
you are going by. That's part of the conclusion here.
Mr. Roberts said while Mr. Simon is lool~ng that up, perhaps I can
ask a question since I did not get an answer here. How does our
utilities extension ordinance apply to this development?
Mr. Clark said at one time we thought this came under the sub-
division ordinance~ but we have an obligation to the e×tent o~ our
ability to provide them water when they extend their water lines.
They have water plans prepared and tentative plans to get permits
to cross 1-95 and Seaboard Coastline Railroad with a !0 inch pipe.
This v~uld sooner or later tie in with the rest of our system when
and i~ that area develops more and someone foots the bill for
looping the lines. The service will not be strong until we qet a
good system of water lines over there. ~f they post a bond and
construct a water line, they have water. I do not know how much
32-
water they use to ri~x concrete -- about 35 gallons per yard is
needed. If they put out 1, O00 yards, that's 3S,000 gallons per
day. You can use that sprinkling ~he yard in 3 hours -- or n~ybe
l0 hours, I should say.
F~. Roberts asked how many employees approxin~tely would be involved
tam, be acceptable?
and would a septic - ~-
Mr. Daniels said a septic tank approval has been authorized by
the Board of Health. There are 25 employees anticipated and we
have applied for a septic tank and hopefully it will be approved.
Mayor Jackson asked Mr. Simon if he had an answer.
Mr. Simon said the Board of Adjustment serves another purpose --
the quest~ion before this Council is time. A Board of AdjustT~]ent
deals %~th a hardship in the literal application of any partieu!ar
building reo3/irement or setback mequirements and that sort of
thing.
Mr. Daniels asked what about the Board of Appeals~
Mr. Simon said we do not have a Board of Appeals -- that is the
Board of Adjustment. The City Council serves as the Board of
Appeals in that sense.
Hr. Harmening moved that we turn this matter over to the ~2ty
Attorney to see as to the suitability and the applicability of
our ~I ordinance regarding concrete ready-lmM plants.
Mr. DeLong said I thought ~r. Wallace had requested the opportunity
to make a mo~ion before and I would request that Mr. Harme~inq
%,~thdraw his motion.
Mr. Harmening said yes he dido. and %zlthdrew his motion.
Mr. Wallace said that what it boils do%~ to in the intent or the
interpretation to me as far as this pamticular Council looks into
%~nat is or what is not heavy indust~y~ it seems to me at this
particular tW_me that at least there are some up here who think
that this does not fit into that part~ioula~ category. So~ at
this time~ I would move ~a~the permit for tD!s type oF industry
be denied.
There was applause from the audience.
Mr. ~
Harr~nmng seconded the motion.
Hayor Jackson said under discussion~ I have checked with surrounding
cities. Tkis is considered heavy industry in Delray, I believe.
Lantana and Lsl~e Worth both 'turned it over to the Board of Adjust-
merits. Both of these are special exceptions that have to 9o
before the Board of Adjustments.
~. DeLong said, not in t~his city.
35 -
Mayor Jackson said, no, unfortunately~ our city has been remiss
in not placing prohibition on something of the t~nd in there.
She asked if there was any other discussion.
~r. DeLong said he v~uldlike to bring up a point as to what was
going to be done with this. The mot~ion was made and seconded and
I would like now: in the course of the discussion, to know whether
or not we are now going to follow the same standard here at the
next meeting.
Wallace said are you asking me as an individual?
~r. DeLong said no: everyone confDinedo
Mr. Wallace said you have almeady set a date as to when tb/s
particular thing %~11 come back on the agenda; if there are e×-
tenuating circumstances that would ts/ce into the other, then
they m/ght be brought up at that part~cula~ time and if you
think that it fits into the same specific eate9ory~ then I would
say that the action that the Council has ts/ten to~ght would be
sett~2ng a pattern henceforth, if this is a pattern to be set
~orth~ then I would urge the council at the earliest possible
time -- as .you know there a~e defiD/tions in the new zohing
regulations and so forth that have been given to this council
several weeks ago. If you think that it needs to be clarif-ied
or strengthened: I think now is the time to get these things in
that ordinance.
~r. DeLong said I believe the people womk~ng on the ordinance know
of the situation and have already taken that into eonsideration~
but the only question in my mind was the fact that as I said before~
I never did believe in double 'standards and I am definitely in
favor of the motion and I want to car~y it through all the way.
Mayor Jackson asked if there was any further discussion.
The motion earried 5-0.
~r. Daniels said he wanted to inquire if the City Clerk would be
directed to take appropriate action on the other application
pending in her office so that he could deterr~ne what has to
be done about that. I v~ote an applieation through the Board of
Appeals with a check. If you feel that is not appropriate, I
need a letter so stating that it is not the appropriate route
back to me as the action of this mity.
l~ayor Jackson asked lz~. Simon _r he would advise Mrs. Padgett on
that.
~ir. Wallace said I do not think ~ir. Simon has to advise anyone.
If it is in the possibility c~ the Board and we do not have such
type of Board and it has no meahinq~ all the Council has to do
- 34-
is to say to handle it adm~;~ist~atively and returnit to the
gentleman,.
1L~. D~ie!s said 1%~!1 just have to take you~ decision.
~.iayor Jackson asked l,~s. Padgett to take care of it. icrc. Wa!3aee
asked if l, ir. ](obl would work with }~s. Padgett on this.
Mayor Jackson asked people leaving the room to be quiet. At
10:15 p.m. there was a five minute recess to let the people
leave.
OLD BHSINESS (conrad)
Mayor Jackson called the meeting to o~der at 10:20 p.m. and
introduced Item C~ regarding the ~cLean Accusation at the z~egula~
Council meeting of April 17th.
I~, DeLong said a serious criminal charge was publicly leveled
by a local businessman, incriminating everyone presently engaged
in the P!aru~/ng and Zoning procedures of the city of Boynton
Beach, Florida. Furthermore~ a newly published per~£odleal of local
circulation featured in a banner t~his criminal charge in their
~Ionday: April 23, 1973 edition. The mystery is, why would anyone
offer to pay a bribe, to rezone che property mentioned by the
accusor for a gasoline station~ when present zoning e!assifica~on
O~ said proper~3 permits gasoline stations, and has since the
adoption of the ordinance ~64-5, in 196~. Be that as it may~ a
dark cloud of suspicion and the stigma attached thereto has been
cast upon innocent individuals. They have been criminally
charged, slandered and libelled. This cannot remain unchallenged.
All concerned must be vindieated as soon as possible. Inview
o~ the fact that the citv council is also implicated in this
malicious charge, it wouid be improper for the council to authorize
an investigation by our local police department. Therefore~ i
move the State's Attorney of Palm Beach County is hereby requested
to conduct a thorough and %~descale probe of this charge.
Mayor Jackson asked if there was any discussion.
~4r. R. B. Vastine of 132 Leisureville Blvd. and a member of
the Planning and ZoDing Board~ congratulated Mr. DeLong on the
motion and presentation. He said the members of the Planning
and Zoning Board were very upset%~th the innuendo. He challenged
~. McLean to stand up and name the persons involved.
Mr. Roberts said we should accept the motion.
Mr. Wallace said we just had one gentleman speak and whether we
agree or disagree, we must let another gentleman speak.
Mayor Jackson asked ~r. McLean if he would answer the statement.
35 -
},~r, McLean said had this been open to discussion: I was prepared
to discuss this ~ith you, hut since Vice l~iayor DeLong has seen
fit to refer this to the State's Attorney for investigation~
I deem it most appropriate and T would be very happy to go up
and I do not tkink theme is anything for me to say at tkis time
as to who~ what~ when~ where, etc. Let ~,~r. Blud~rth~ State
Attorney, bring the question out. I would like to ask one
thiD/~ of my at-~orney before I ~ive up the nnike -- is that
sufficient?
Mr. Robert Olds, Coquina Cove, stated I have been a member of
the Planning and Zoning Board fo~ 8 years~ probably longer than
some people have been in Boynton. I served v~lth a lot of nice
people and to my knowledge there has never been anything of this
natu. re taken place at any time. It is hard for me to L~elieve
and while I do not like to make statem, ents~ that is all I have
to say.
Mayor Jackson said there is a motion on the floor, but inasmuch
as t~hese people have been under a certain cloud: · would like to
let them speak.
Col. Albert wehretl said he has lived in Boynton Beach approximatel]
15 years and I hav~ been on the Board of Adjustment about 3 years
and on several different plarsting and zoning boards and am on
the present Planning and Zoning Board a~%d T think this innuendo
or assertion is a complete lie and z challenge' that character to
prove it. 1%~uld like to meet him outside if I could.
Roberts said let's call for the motion.
Carried 5-0.
Mr. DeLong said the City ~ianager should so note the action.
Mrs. Jackson said to i~r. ][obl that it might be a good idea
i~ you ~uld have a letter written for each of us to si~n and send
to ~ir. Bludworth so that each of our signatures are on it.
Mr. Roberts said he would like to add that it is difficult to
conduct city business and try not to quarrel %,~th people un'h-il
such time when you feel you should take issues %~th some of
this accusation and publications that have been mailed to me
at the house. The thing 1%~uld like to raise a question on
and may possibly be used, is that the ~ght that the charge was
leveled, five legitimate newspapers were represented and only
one carried the banner headline. The other thing is that the
people involved in put~-ing out'a newspaper and the individual
just mentioned at the gas station (Mr. McLean) had several eases
o~ litigation against some of the people who are all in the same
bed. It raises a question as to why these things are going on.
I received a complaint recently that Mr. McLean was selling shrubs~
~pees, plants~ etc. inhis gas station and 1%ould request
Barrett or whoever is in charge of that department to determine
whether or not he is selling this type o~ merchandise in a gas
station v~'thout a license,
36 -
I would also in view of the pending investigations of possible
violations of city code which would involve the ova~ers and
operators of gas stations which is used as a base of operation~
I suggest a letter or for that matter, I would move that a letter
and the newspaper be sent to t4obil Oil Cor~pany, %~ith a copy of
the letter to Jaeques~ who is apparently listed as part owner
of the station and invite them to make their own investigation
and e)'~amine the complete poliee file over the past 16 months.
think it is only fair that they should be notified and I so move.
~iayor Jackson asked Mr. Roberts to repeat his motion -- which he
'did.
Mr. DeLong said he would be most happy to second the motion~ but
I wish that instead of amending it~ you would include that we
not send this letter to any district manager here~ but we ~eaoh
out and come up with the names of officials in the New Yorl~
Office. I think these people should be notified.
14r. Roberts said he accepts the amendment and said he has the
address already listed here.
Mayor Jackson asked if there was ar~ diseussion. Carried 5-0.
hayor Jackson said Mr. Kostner and i~r. Ampole both wanted to
speak.
Mr. Fred Kostner~ l~S High Point Blvd. said I am also a member of
the Planning and Zoning Board. In all my life I have never been
accused of a bribe and I am somry that it happened to me as an
individual. I have always prided myself on my integrity and
honesty. I would beg the Counei! to~dd not only my name~ but
all the members of the P!anD_ing and Zoning Board to be included
in that letter since we are also aecused.
Mr. George Ampo!e then got up to speak. I am proud to say t am
a member of the Hnited Boynton Ci%~2c League. I would not dignify
Pit. McLean by calling him a gentleman. He personally begged me
to baekhim up on the City Council. God forbid if that man, as
radical as he is, would be sit+n~ing among you people tonight. He
is accusinq hOnest~ law abiding citizens without a bit of proof.
~.iayor Jackson thanked Mr.~mpole and said the matter has already
been voted on.
Pa!nuland Development Corp.
Mayor Jackson introduced the n~t item on the agenda regarding
Palm!and. She questioned the correctness of Mr. Wallace bringing
up a subject for reeonsideration since he was not on the pre-
vailing side. Mr. Wallace stated he could bring anything up on
the agenda.
- 37 -
Mr. DeLong said in view of the fact that he was on the pre-
vailing side: he had something to say regarding Palmland.
Mayor Jackson asked Mr. DeLong if he would like to make a motion
to reconsider. 1-~. DeLong said to let him make his statement
and he would make bis motion in the statement.
To flaunt the rennets of n~jority rule is a ~_'olation of the
fundamentals of good government and tends to further destroy
our city's image; does nothing to bolster the dignity of the
city and less to oement a eoz~lia! atmosphere and a trustworthy
relationship among CoUncil memDers. I know fimst hand of the
many hours spent and the sincere efforts Councilman Robemts has
devoted in the negotiations of an amicable settlement of a low
density between the city of Boynton Beach and the Pair, land
Development Corporation regarding Charter World. I sense the
majority members of the ~ty Council desire to continue negotia-
tions with Palmland. I do not believe their intentions should
be sabotaged by parli~men~aY~y maneuv~es. Therefore~ I m~e
fo_~ the reconsideration of eon'~inuing ~negotlation bet~een the
City of Boynton Beach and Palmland Development Corp. relative
to Chamter Wom!d. Let the record reflect i %~itl not participate
in the negotiations and that / %~ill exercise my right to vote
on this question. That is the
~,iayor Jackson said it has been moved that we reconsider the motion.
Wallace seconded. Motion carried 5-0.
Mr. Wallace stated inasmuch as what I had specifically asked for
has been transcribed as it is now on the floor for discussion,
and there ode possibly menfoers in the audience who ~,~ish to speak
on this, one way or tlne other, or men, bets of Council that %~rlsh
to speak on it~ I turn the mike to anyone who %~ishes to speak
at this time.
~iayor Jackson said she thought ~4r. Vastine would like to speak.
Fir. Vastine said 'that ~thout any prejudice -- I am R. B. Vastine,
President of the United Boynton Civic League -- without any
prejudice I am presenting to the City Clerk an original copy
of a memorandum that has been prepared and I v~ill give each of
you a copy: including the City Attorney. The memorandum is
addressed to the F~yor: Vice ~4ayom and members of the City
Council of Boynton Beach from the Officers and Men, ers of the
Steering Co~nittee of the Hoited Boynton Civic League~ Inc. --
regardinq Position Statement re Charter World. The men~orandum
was read and a copy is attached hereto and made a part of.
Mr. DeLong said at this time I move that this report from
Vastine be spread upon the minutes of this meeting and I believe
I am in order. Mr. Wallace seconded the motion.
- 38 -
~layom Jackson said she would like to mak~ a statement. This
property was annexed under a supplemental p~oeedure as
Vastine read earlier in the raeeting. It said o%~ner or owners
of the propemty in ~e unincorporated area of a county which
is contiguous to n~nieipality may petition the governing body
of said municipality and t~at said prope~t~l be annexed to the
municipality. ~{ayor Jackson continued to read f~om the lawsuit
that is filed against the city. tt gives a sequence of events.
On November 7~ 1972~ the City Council of the City of Boynton
Beach passed on second and final reading~ Ordinance 72-27~ a
copy of Which is attached hereto,. This is the oz~nanee for
s_nne×ation. That was on Novem~0er 7th. On or about November
28~ 1972 (20 day~ later) the plaintiff exercised its option to
purchase said~lands. In other words, this is what I questioned
last year. They were not owner or owners of the property and
yet they came in under this supplemental law -- they also came
in with it being advertised as a special n~eeting and not a
special hearing. I felt that the whole thing was all ir~egula~
at the time. I also felt that our Charter still ~ook p~ecedenee
in spite of the letter from t~i~. Shevin because I did not know
what was w~itten to i~r. Shevin. He may have thought that this
was property where we did not have any procedures in our Charter.
That is al! I have to say.
Fir. Roberts said I would like to add something. The idea o~
settling or negotiating is to eliminate .action in the courts
regardless of the results as to a meeting of the minds. The
original intent of the suit as far as I was concerned, and T
believe it was the intent of all the people involved -- and
this is one of the platforms that I ran on -- which was part
of the feeling, that we %~e~e not against annexa%-ion, providing
the density would be controlled. The original request for
anl~exat£on~ whetl%er it was p~opem or not -- I would think if it
ig settled out of court or if there was a meeting of the minds~
it would become moor. The question becomes moot whether or
llot they were the o~ners or no~ the owners.
Mr. DeLong interceded -- the discussion should be on the spreading
of the ~eport by ~.ir. Vastine on the mo-~ion that it be spread
on the minutes of the meeting. At this time, I would request
that the Chair carry out the motion.
~4ayor Jackson said it has been moved and seconded that the
report of ~r. Vastine be spread upon the minutes. Carried 5-0.
Mr. Roberts continued -- I asked a question of law and apparently~
it is tmue that in respect that when you have negotiations and
arrive at a eonclusion and it is handled thmough the course,
then there is no problen% Whether the original zonin~ was right
or w~ong~ as far as I was concerned, as there were many othe~s~
concerned the density. In fact: the area Planning Board at that
time criticized the amount of the u~its that would l%ave been
allowed and suggested a maximum of 15~000 people and the number
- 39-
of units to correspond with that. At that time~ there was
a petition circulated also to have a referendum on that same
basis because of the density -- for no other reason. The few
I have h~re were solicited on that basis. We have met several
times and have come up %~th acceptable densi~. We have come
up v~lth some offers for sewer and water so that there would
not De any cost. I see no reasons~ under the circumstances --
I am going to quote the At~i~ey for Palmland, i~r. Cooper --
the last time I did that they fired ~the attorney, so perhaps
~;~. Cooper may get fired~ but as I recall, he agreed that
some of the nh{nor details could b~ %Drked out as far as the
~ater and sewer were conceded. 1%~_'I1 go a little further --
this new agreement which has a few little things to iron out,
shows that they have agreed to reduce the number of units of
6,700 which was objected to because of an option to put up
a golf course nearby -- has been ~educed to 8,550 residential
units. Should the option not be picked up~ the total an~.ount
which is also acceptable would be 6,700 up/ts. As ~ar as T
am concerned, I think that the whole issue can be set-~led here
tonight if it is so voted. There are two or three items
like to bring up~ but that's my statement at the present time.
As far as the petition is eoneerned~ if we want to get tec~qical,
about o%~nership ---
~.~ayor Jackson said she did not believe that was what the
pe'~tion is about -- it was because our Charter specifies
that if 25 people or more sign this and Z have these papers
right here ---
~4r. Roberts saidI just want to add my statement as far as a
petition for referendum is concerned. The petition that i
have here contains about 50 names.~ 1.~iost of them solicited in
my neigt%borhood and the neighbors have agreed to withdraw
their names a~ I believe ! could e~.~e up with less than 25
which would make the petition~r~
~ayor Jackson said what about the others that came in before
that.
l~r. Roberts said he was not going to get involved with that
because the original one was ~i.].ed ~osaibty a little early.
I was advised by legal o~,,~el.
~.Ir. M~=~-y LeFoz~ asked Mayor Jackson if the City Attoz~ney would
read the ordinance which covers this petition.
Mayor Jackson said it was covered at the last meeting.
~.~r. BeLong said it was Section 7, paragraph 32.
1.~r. Simon added that it was page 17.
MIR~dTES~ REGULBR CITY COUNCIL MEET/R~G~ MAY 1~ 1975
l~r. Roberts said that incidentally, he would like to add that
he was discussing his p~t in the suit.
i.~p. DeLong said that he %~uld ]/lie to say to Fir. Roberts through
the Chair and to those who are inclined to vote for this
par~¢ular agreement, I think it is a waste of time. I wish
someone would make a n~ove so that we could bring it to a head --
vote on it and get it over %~th.
~-~r. Roberts said that first there are two or three items as far
as the agreement or st-ipulation is concerned~ that he ~ould like
to discuss.
~yor Jackson said that Mr. Simon was going to read that for
the benefit of the audience.
Mr. Roberts said to go ahead. Mr. Simon said the question has
to do %-gth annexation of new territory: procedure: objection
thereto -- and read a portion of paragraph 32, Section 7 of
the Charter.
Mayor Jac/~son said I believe that is what I wanted.
Mr. Robert Effmon of 401 S.W. 4th Street said that as long as
we are reading ~rom the ordinance and per the request of Mr.
Vastine and the letter that he just read, would you also read
into the minutes the letter from the former City Attorney
Gene ~ioore, to the State Attorney and also the State Attorney's
answer back.
Mayor Jackson said we do not have the latter back. We do not
have his letter to the Attorney.
Mr. Effron said I have a copy, if you would like a copy of it.
Mayor Jackson said this is one of the things we~ve asked for.
Mr. Roberts said he has a copy.
Mr. Eff~on said all I am going by is what l,ir. Vastine requested
in his let~¢er.
Mr. Roberts said the letter as far as he was coneerned, has
an answer. There is no question~ it never has been produced.
It has nothing to do ~,~th the situation right now since he
just read that petition. It has to be filed after a second
reading of the ordinance. Z do not want to get into a legal
tangle baeause I never took my law degree.
Mr. Effron said I think it should be read into the minutes
per Mr. Vastine~s request.
-41-
~I~TE$
REGULAR CITY COUNCIL MEETING
Mf~Y 1~ 1975
Palmland ~evelopment Corp. ~ cont'd.
Mayor Jackson asked Mr. Roberts if he would like to read it.
Mr. Roberts said, I am not here to discuss law~ I would like to get this
agreement and stipulation ironed out. I think the Council is entitled
to vote on it.
Mr. DeLong said we're beating this dead horse that wetre talking about~
why dontt we move.
Mr. Roberts said we can't move to accept an agreement if it is not
properly drawn up.
Mr. DeLong said why don~t you move to such an extent so that when the
agreement has been finalized to the satisfaction of the City Atto~ney~
etc,
Mr. Roberts asked Mr. Simon, do you think that would be in order? I am
being asked to do something I don't know anything about.
Mr, Simon said, I think~what you are talking about is being satisfied
with the changes that would be made with regard to. this agreement that
were suggested and discussed at the last meeting.
Mayor Jackson said before going any further, I thiukMr. Klinck is in
the audience, and he wanted to say something about this.
Mr. Roberts said~ I think the last time the· only reason we did not
reach an agreement was because the other party did not want to ne§otiate
a reduction in the.number o~ units. Since they have agreed to a reduc-
tion in the units~ I think the entire agreement should be voted on:
whether or not you want to accept it, but I do not want to vote on it
because there are a few changes I would like to see made - that is with
regard to sewer and water.
Mayor Jackson said~ I think Mr. K!inck wanted to say a few words.
Mr. Klinck said he received a copy of these minutes ~at~ yp~'day and
was asked to be prepared to make comments at tonight s meeting. All I
~eel qualifie~to address n~self to are the water and sewer provisions
within this agreement and they are essentially the same as I mentioned
last week. I understood at the last meeting, due to the comments that
were made that there was apparent indications that the developers might
be willing to go for an alternate proposition concerning a water treat-
ment plant. There is no new alternate in this proposal, which goes back
to the original suggestion that they would design~ const~uct~ and put
into operation a water treatment plant on their site and, in phases~ ex-
pand it and turn it over to the City for operation. As your Consulting
Engineers: we do not think that the City would want to take on the ex-
pense and problems of operating a second wa~er treatment p!ant: and a
seeond~ separate well field, particularly at this time - some day in the
far distant future, it might be necessary. The comparison of costs of
-42-
MLh"dTES
P~JLAR CITY COUNCIL P~.ETING
NAY 1~ 1975
Palmland Development Corp. ~ cont'd.
expanding your own water treatment plant: which is fast becoming a neces-
sity~ I am speaking of doubling the size of the present plant in~pacity
and the necessary well water transmission mains and other facilities
that would make it operational compared to the conneation charges that
Palmls~d would eventually pay the City for connection to the water sys-
tem. Those connection charges would amount to somewhere around two-
thirds the cost of providing another 8 mil]ion gallons capacity for the
City's plant~ putting it all into one operational location. I think
there is ro~ for some negotiation between the City and Palmland as to
the method or the time facto~ of applying these connection charges. It
would be a financial problem that would have to be worked out and eer-
tain!y the City would have to agree to.
It is our recommendation that every effort should be made to maintain a
single water supply and treatment facility for the City using the devel-
oper's money that he would otherwise put into connection charges and
other facilities to help the City :with that cOnstruction. As far as the
sewage treatment facility is conc:e~rned~ I would like to make the same
point as last week - the present iRicture for sewage disposal~ by any
means whatsoever: iS very ~.l~u.dy~'. no~ only in B0ynton B. each, but in
practically every other commqnit~ ~in ,the State of Florida. And we have
a particularly questionable condition here as to when and where the
City of Boynton Beach wilt be able to provide additional sewage capacity.
At the p~esent time w~ are told ~at Boynton ha.s to connect to a Delray
Beach facility which isn't, yet u~..ider construction because of Pollution
Control Agency mechanizations. ~n that case, ~t WOuld be almost impos-
sible for the City Q~ Boy~n Beach to con,nit itself to provide new
treatment capacity for Charte~ World within a certain t/me frame. If
Charter World were permitt~ by t~e Roltution Control Agen?ies to pro-
vide its ova% interim treatment a~d d~sposal fadi~ities on its s. ite and
subject to their regUlatio~ in ~ga~d to ownership .and opemation~ I
think the City of Boynton Beach would try to work this out.
Mr. Roberts said~ I believe that at the last meeting these were two of
the points we discussed. One was the fact that we p~efer a single water
treatment plant and also as ~ar as sewage treatment plant was cOncerned~
that they would build it in stages as needed, and operate until such
time that the City could take it over and at least break even or make a
profit on it.
Mr. Klinck said it may be jeopardizing the u~timate removal of that in-
terim treatment plant~ and the u~timate connection of the Charter World
sewage system to the municipal system at such time as this is possible.
Mr. Roberts said that is all part of it~ end that is why I rely on you
to'bring this out. These are the only two points that I can find. We
d/d discuss it end there seems to be a field which we could agree on.
-43-
MIhUdTES
P~GUL~/{ CITY COUNCIL MEETING
MAY 1~ 1975
PaLu~land Development Corp.~ oont'd.
Mr. Harmening interrupted to make a comment - this new emended agreement
does not appear~ especially in regard to paragraph 5~ page 6, to reflect
what I recall was our tentative agreement pertaining to water at our
last special meeting with Mr. Cooper and Palmland. That is~ primarily
the only thing I can find in here that is objectionable. He addressed
Mr. Klinek - you were at the meeting~ I believe. Didn't we arrive at a
method of payment by Palml~und fo~the plant and the raw water facilities
that they were going to build and pay the City for? Isn't that your
understanding?
Mr. Kline/~ said t don~t remember that any specific method was agreed
upon, but we did discuss sevemal possible alternatives~ and in other
words~ the possibility of applying rheim collection charges to your
plant construction cost.
Mro Harmening said, I think we discussed the cost of their plant and the
raw water facilities - and the agreement both then and now rules out all
connection charges other than the tap or meter fee - do you recall that?
'C
Mr. Klinck said~ I think that the matter of ~uling out - (he asked where
that statement on the connection charges was so that he could read it
again) - Page 9, paragraph 7~ it says that it is specifically agreed
that no connection or capital improvement fee shall be charged by the
City of Boynton Beach for connection to any of the salt water or waste
water systems~ be they denominated connection fees or called by any
other name whatsoever. There is a specific intent of the parties hereto
that since Palmland is paying for the installation of the above syste~as,
that Palmland should not be required to pay any fees for the connection
to said systems. Neither fee shall be paid. This paragraph is predi-
cated on the acceptance of the prior paragraphs in wP~h they~ropose
to build their own wa=er and sewage plants on site, and I believe that
the question of converting that language to the quoting of such fees to
the construction of Boynton Beach water plant should be worked into it.
Mr. Cooper said that was the understanding of our agreement to which M~.
Klinck agreed.
Mr. Wallace asked Mr. Klinek - you mentioned a fee of two-thirds - do
you have an estimated cost of the actual e×pense?
Mr. Klinck said, no, I do not have the aetuat figures here.
Mr. Wallace asked him to make an educated Wguesstimation~ and Mr. Klinck
asked for assistance from Palmland. Mr. Cooper said it is 6,700 units
at $125.00 on water - that is what our connection fees Would be - I do
not know the cost of your plant.
Mr. Wallace said the reason he was bringing this up and he was recalling
by memoz~ somewhere back during ~. meeting at ~whieh Mr. Katz was present~
a specific figure was mentioned that related to what the company or the
people who held the mortgage or who have the monies behind this were
-44-
MIhUdTES
REGULA~ CiTY COUNCIL MEETING
. MAY t~ 1973
Pa~ntand Development Corp.: eont ~ d.
willing to go ahead at that particular time for a certain amount of money
towards water and sewer~ even though they would be getting nothing back
in return until this was completely developed. He asked if Mr. Cooper
recalled what that £igure was.
Mr. Cooper said no.
Mr, Wallace said he was going to take a guess in the range of $385,000.
What I am trying to make a point about is that one of the decisions for
this City - I am speaking of having to go to Delray, if I reoall correct-
ly~ Delray was 24th on the list of state monies~ and they only went to
12 ~nd the state gave out on money. ~So the possibility of what Delray
and Boynton is going to be doing as far as a unified system for a number
of period of time is questionable. Plus~ if I reca!lcorrectly~ in years
pasts it was the City of Boynton Beach that was going to be the focal
center as far as this collection area was concerned. I think as far as
Delray was somewhere like $3 million short within that factor. With the
monies proposed~ with the possibility of being negotiated with also the
possibility of this type of development being developed as far as the
bonding indebtedness of this City would probably be increased to the
point of which that we could perhaps build those facilities without a
basic cost to the individuals local citizenry. These are some of the
things that perhaps this Council could look toward or be thinking about.
I think that the questions that havebeen brought up here this evening~
in other words as far as the questions on water and sewer~ if they could
be worked out, Mr. Harmening~ you mentioned specifically Page 6.
Mr. Harmening said on Page 6 as he reads that pertaining to the water
treatment plant - and Mir. Simon could correct him if he was wrong - it
looks like this is entirely permissive. Palmland can develop their
own water treatment p!ant~ and I think we were very specific when we
said the way we wanted the City to provide them %~ith water.
Mr. Cooper asked if he might address himself to that question. No. 1~
regarding sewer, I understand we have provided interim and we tear down.
We were told by Palm Beach Area Planning and everyone else that whatever
permit you get, it is going to be an interim permit.
Mr. Harmening interjected as far 'as the sewer is concerned: I think that
we agreed that if you could build the plant: more power to you.
Mr. Cooper said~ right~ regarding water~ as you all know better than we
do~ but as our lender has found out~ you've got real water problems.
Mr. Klinck has been unable to tell us when he could proQuce water to the
site. Your ordinance on ~tilities provides that the City may require
the builder to advance~ in advance, all of his connection fees. Our
lender will not do this. We are at the bottom of the barrel there. If
you could tell us we pay the connection fee when we hook on and could
give us some assurance which I think Mr. Klinck would be guessing a~
because they do not know.
MINGTES
REGULAR CITY COUNCIL MEETING
~.Y 1, 1973
Patml~nd Development Corp. ~ cont'd.
Mr. Harmening asked how mue~n water are you speaking of?
Mr. Cooper said 500 units in the first year~ which is a 3 mi]lion gal-
lon per day average daily flow.
Mr. DeLong interjected for a point of in~o~mation: without beeom/ng in-
volved in the negotiations. At this time I would request from the At-
torney an opinion whether or not this is going to take at least a
special meeting to t~y to work out all the details. I do not think if
we stay here until 3 A. M. evez~fthing is going to be agreeable to every-
one coneerned~ because it seems now we are getting £rom water and sewer
problems, connections~ etc. Would it be appropriate if a motion was
made to tentatively adopt the agreement pending the finalization of eez~-
tain provisions?
Mr. Simon said: I think there are two parts to that question - one is
that Charter World wants to know whether you are sincere about explor-
ing the possibility.
Mr. Cooper said if they did not t.hink we were sincere~ they would not
have put up with us this long.
Mr. DeLong said ~t~at wa~ th~ numhe~ one point, being tentative accep-
tance.
Mr. Simon continued - the second point which I think Mr. Roberts was
talking abou~ is fine~ as long as you can reach accord on the final
document~ but I think it would be helpful at this point if you are go-
lng to try to bring this over to another meeting~ let's try to pinpoint
the problem areas~ now~ so that Mr. Klinck and Mr. Cooper's experts can
know what you are talking about.
Mr. DeLong said they were touched on here tonight.
Mr. Harmening said he would try to clarify these problem areas with a
couole of questions. He asked Mr. Hopkins - do we have two water lines
dow~ South Congress - an 8 on one side and a 6 on the other side?
Mr. Hopkins said no~ just one 8 on the east side going south. We have a
loop - ase. condary supply coming from the east through Lake Drive
through ~r~mes S/D wl]ich supplements that particular area.
Mr. Harmening asked what would be the time period that you would require
this 3 million gallon per day approximately~ Mr. Cooper?
Mr. Cooper said within one. year.
Mr. Hopkins said that P~. Cooper mentioned 500 units and 3.5 million
gallons is not right for 500 units: whereupon Mr. Cooper said he was
talking about things he did not know about.
-46-
MIA~dTES
REGULAi~ CITY COUNCIL MEETING
.MAY !~ 1975
Palmland Development Corp.: cont ~ d.
One of the other engineers said 5.3 million gallons was an average daily
Flow based on an ultimate of 6~ 700 units.
Mr. Cooper asked if he could make a suggestion that he thought Mm. Simon
would agree with. If the water is the only hangup we~ve got as I think
we're okay on the sewer, I think that we can draw an agreement to pre-
sent to the court that leaves the water to be approved by all governmental
agencies and bodies - that being the City and the developer. By working
it out~ I think you are looking realistiea!ly at the engineers doing a
lot of study that is something that would not come up next week or the
week after. It is my opinion that we can put that in a form that is ac-
ceptable to the court that they will agree on it: because it is subject
to approval~ number one by the City~ number t~o by the Health Department~
etc.
Harmening said we can give you water down there the day after tomor-
and quite a little bit of it,
Mr. Cooper said we don't need it the day a~ter tomorrow - more like the
end of the year.
Mm. Cooper said if that is the only contingent, it becomes a technical
problem to be worked out by the City Engineering Department~ your consul-
tants~ and if we could provide in a supplement that the water will be
agreed upon by the Council and details to be worked out by the experts in
that field. Do you see a problem with that?
Mr. Simon said I agree that i~ the end the whole thing is going to be
worked out by the engineers and not by us. Ail we can do is put it in
general language~ and then leave it to them to work it out.'
Mr. Cooper said in that way~ I think the City is protected to the extent
that they've got complete approval of it: and we are protected to the ex-
tent that we are your good neighbor then and hope you will be fair.
Mr. Simon said I would like ~o ask the engineers a question as to how
long it would take to work this out on a timetable f~om a te~lnieal ap-
proach.
Mr. Klinck asked if Mr. Simon meant the cost sharing aspects of it and
the technical provl.lons of the water and sewer supply and Fm. Simon ~a~d
yes~ to the satisfaction of charter World and ultimately the City Council.
Mr. Klinek said it would take a couple of weeks at the most: but that
something he questioned was the money aspect - to get water transmission
line from your plant down to the Charter World area: would be the instal-
lation of a line that obviously should provide the capability to serve
other oustomers along the route. It is just a matter of practical ap-
proach to divide that out on a pro rata share as to how much o~ it should
be assigned to Charter World, and how much should be reserved to charge
-47-
MINUTES
REGULAR CITY COUNCIL MEETING
MAY 1~ !S73
Palm!and Development Corp., cont~d.
to people who might benefit from it along the way. It is problems like
this that take a little time to resolve. It will take time to figure
out. It's nc~ too difficult~ but it isn't something you can pull off
the cuff.
Mr. Cooper said he d~d not thiok it was something that could be done up
here, and the engineer agreed.
Mr. Wallace said per, cps it cannot be done by Us now~ but it' can be done
because I can reeallfor instance there is an industrial area to the
south of us on So. Congress Ave. in which the City and the developer
worked out the period that we ran a line in a particular area, and it
was shared and so forth: so it is not an impossible task, it is something
that can be done.
Mr. Cooper said the reason for my suggestion, if the other provisions met
with the Council's approval~ then we can go ahead~ and make that one on
the water as we discussed, that they would agree on it and if you are
good enough and allow Mr. Simon to enter into a stipulation in the court
suits that would incorporate this change with that change on the water,
then we can 9o ahead and get this thing disposed of.
Mr. Harmening had another question for Mr. Simon - but Mr. Wallace said
to let's answer one question at a time. Can what has been requested be
done?
Mr. Simon said yes~ but it must be brought back to you. We would do it
and bring it back to them.
Mr. Roberts said do you think we should have a motion that we accept in
principle and have the Council vote on it?
Mr. Simon asked what principle was to be pursued? You could do that
tonight, and tell us what you want.
Mr. Harmening said that the principle would be that the City wouid pro-
vide water to the anneXed and developed area of Charter Wor!d~ and that
they will pay for it on some basis.
Mr. Cooper said it has to be a two-way street~ respectfully.
Mr. Harmening Said if you would re'er to your minutes~ I.understood ...
Mr. Cooper said the lender cut us off~ and that was the problem because
you all have so many problems with water down here~ and then Area
Planning said that they are involved (Mr. Roberts questioned this) and
Mr. Cooper continued to say they have jurisdiction on it~ but they are
not exercising it now. I'm not in that fight at all.
Mro ~tinck said Mr. Cooper is righ~ - they areso preOccupied with sewer-
age disposal that they haven't put their fingers in the water.
-48-
MII~ITES
REGULA~ CITY COUNCIL P~ETING
MLAY 1~ 1975
Palmland Development Co~p., eont ' d.
Mr. Cooper said they have jurisdiction and the engineers are advised of
all these things, I thiruk they know what is going on, and are much more
aware of all this than he is,
The engineer said the City's assignment as an agency that handled a cer-
tain area included water and waste water.
Mr. Ha~mening said I thought that this was not particularly applicable
to water within the City. I can understand it in the annexation area,
but not in the City. Have they emended that?
Mr. Klinck said they haven't exercised or promulgated any directives
garding water so far.
Mr. Harmening said but you feel they are getting ready to?
Th~ Engineer said he dicLu't know if they were getting ready yet. They
have plenty to do to take care of the waste water now.
Mr. Klinek said that Charter World's requirement within the first year
would come up to approximately 50,000 gallons per day. This would grow
along with the capability of your plant to grow. I would say that if
Boynton were able to proceed from the date that you gave the go ahead
for preparation of engineering for water plant expansion, you might want
to consider something in the neighborhood of approximately two years for
the completion of another 8 million gallon facility - about 6 to 8 months
for planning and design and the rest for construction of it.
Mr. Cooper said that regarding Paragraph 5 and Paragraph 7 as it relates
to water, I would like to talk about the things we agree on~ if we do.
If we could leave those to the engineers to be worked out, which w~11
have to be submitted back to the City~ bade to the Area Boards: Board of
Health~ etc.
Mr. Roberts said there are a f~w items that OthrAttorney has and a ques-
tion I had and don't see - we discussed the dedicated roads to be put in
there h~o~ ~ilding v~uld start - that has nothing to do with the
mu~o~s - I ~m talking about regular building permits so that you would
not have to post a bond. There are several dedicated roads that would be
put in.
Mr. Cooper said they would be put in by stages with the provision that
there would be no certificates of oceupaney until completion and approval.
Mr. Roberts - Certificates of o~eupaney or Building Per, its?
Mr. Cooper said~ Certificates Of Oecupancy.
Mr. Roberts said he would check the records pertaining to Mr. Katz.
-49-
MINU~ES
REGULAR CITY COUNCIL MEETING
MAY 1~ 1975
Paimla~d Development Corp.~ cont'd.
Mr, CoOper said that is the same as it was before; the only addition
with r~ferenee to roads was the haul roads.
Mr. Wallace Said they ag-~eed to build haul roads so that the other roads
would not be disturbed.
Mr. Cooper said that is after stage one is built so that they do not
tear it up.
Mr. Harmening said that's as he recalled from the previous meeting.
Mr. Roberts said the other thipg is we do not want to violate any ordin-
ances like having a bond posted or not having a bond posted, in regard
to the sewer.
Mr. Cooper said we agreed to post bonds. TheM .were not discretionary.
Mr. Harmening had a question for Mr. Simon - the land that they are giv-
ing to the City~ is it free of all en6umbrances? I underst~d it is nc~
at this time, but I cannot tell from the e~hibit whether it is or not.
Mr. Simon said he has a copy of the deed. I do not know what the status
of the title is. -There was nb title ins6ran~e when you gave this~ was
there, Mr. Cooper?
Mr. Cooper said no~ but it is free and clear now. There are 20.9 acmes
that have been ~lready deeded to the City. This land will be free and
clear subject to the same restriotions which are in this deed.
Mr. Harmening added ... such that we cannot operate a garbage dump on
it~ etc.
Mr. Cooper said in reference to this deed, I apologize for the poor
copy. I gave Mr. Simon a good copy earlier in the evening.
Mr. Simon asked Mr. Harmening if he was asking about a lien like a mort-
gage or about restrictions on the use.
Mr. Harmening said he was speaking about a mortgage lien.
Simon said he did not know what the status of the title was.
Mr. Cooper said it would be free of all mortgages and liens.
have encumbrances: being the restrictions.
It will
Mr. Simon said I wanted to be sure I understood your question.
Mr. Harmening said~ I was Speaking of mortgage liens.
Mr. Cooper said~ you want to know if we owe money on it.
-50-
MINU~ES
REGHLAR CITY C~UNCIL MEETING
MAY !, 1975
Palmland Development Corp., cont ~ d.
Mr. Simon repeated his question that there was no title insurance given
at this time, was there~
Mr. Cooper said no~ we will let you examine the abstract.
Mr. DeLong suggested we set up a special meeting beoauseone thing bor-
ders on another and he did not think things would be resolved this
evening. I believe it is certain that an agreement is going to be ac-
cepted after the details have been worked up.
Mr. Roberts said he would give an expression~ but did not want to vote
on it because there a~e too many ~ oose ends right now. He would express
himself that if the loose ends arc
cepting the annexation because of
no cost to the taxpayers as fag as
and he would not expect anything E
it goes into the County or sbmewh~
a mess of tripe down there~ and ii
other: at least you might get some
Mr. Harmening moved that we accept
fieg~ion and~ future agreement by
Mr. Roberts asked how can you msk
end result will be.
Mr. Harmening said excepting the
rest of it.
Mr. Roberts said he was Still ask
his motion.
Mr. DeLong said why donYt you make
going to set up a date for a speei
these details and take official ae
Mr. Roberts said he would go alone
either Thursday or Friday°
Mr. DeLong said to make it so th~
hours.
Mc. Roberts said he thought the Co
o'clock and resolve things within
tied up he would he in favor of aa-
the reduction from 7:900 to 65550 plus
the water and sewers are eonce~]ed~
lse because i~ the area is built: and
re else: you are still going to have
you have tripe on one end or the
thing out of it.
this agreement~ ~ub3ect to the clari-
he City Council and Charter World.
a move when you do not know what the
~ter agreement, we will accept the
questions so Mr. Harmening withdrew
a motion to the extent that you are
~1 meeting so you can iron out all
:ion.
with having a late afternoon meeting
there is plenty of time~ two or three
moil could have a meeting at 3 or 4
)ne hour.
Mr. Cooper asked do we have disagreement other than water?
Mr. Roberts said I do not see why we should ~mt here and beat our brains
out since there are a few loose questions here~ and why we can't wait
two more daYs because it is not partieular!yCouneil~s fault that there
has been a delay. Since we came this far, another couple of days will
be okay.
-51-
MINUTES
REGULAR CITY COUNCIL MEETING
MAY 1~ 1973
PaLmland Development COrpo~ contrd.
Mr. Cooper said he was not complaining about the time~ but he did not
know what Mr. Roberts was talking about.
Mr. Roberts said that is the problem you have then~ because there are
quite a few items that have to be ironed out in this agreement and we
have to get a positive agreement, and there are a few other questions.
Mr. Wallace suggested getting some direction as far as he was concerned.
~o Harmening has mentioned one or two specific items which he thinks
there is a disagreement about. Mr. Roberts says there are several and
Mr. Wallace asked Mr. Roberts if he could elucidate on those two or
three.
Mr. Roberts said there are half a dozen items - if you want to sit here
until midnight~ it is okay.
Mr. DeLong said ! will move to meet Friday at 3 P. M. Mr. Wallace said
to make it Thursday or Wednesday. There was some discussion among Coun-
cil members as to the day and time of the meeting.
Mr. DeL~ng moved that we meet Wednesday afternoon in special session~
and Mr. Harmening notified the Council that Mr. Klinck could not have
the figures ready by then°
Mr. DeLong said he did not want to rush this, but he was trying to be
accommodating in trying to resolve it. It was my impression that they
should have at least a couple of days for the Consulting Engineer to be
able to come in with something concrete whereby we would all meet and
in several days time you people can get together and iron out all your
details. Would Friday give you sufficient time? There was more dis-
cussion among the Council members as to a day and time.
Mr. DeLong moved that there be a special meeting at 3 P. M. on Friday~
May 4th~ in regard to Charter World. Mr. Wallace seeonded the motion.
Mayor Jackson asked if there was any discussion. Carried 5-~.
~{r. Klinck said, I would lika to add something that has been sidestepped
in regard to sewage disposal. In consideration of a permanent waste
water facility which is in sub-paragraph ~D~' on page 8~ immediately above
that in the last part of paragraph ~C~ it States a possible considera-
tion of an interim facility. I think the City should strive not to have
a pel~nanent waste water faei!ity~ and that is one point we should bear
in mind. There was some discussion by the Council members and Mr.
Klinck.
Discuss Selection~of~Architect
Mayor Jackson said we have had a good many architects ... and Mr. Kohl
said he laid that information on everyone's desk.
-52-
MI~%~TES
REGULAR CiTY COUNCIL MEETING
PLAY 1~ 1975
Selection of Ar~hitect~ cont~d.
Mr. DeLong moved that we turn this item over to the City Managem to
contact different architects and find out exactly what kind of a per-
centage fee we eanget. To labor under the illusion that a specialist
is needed who builds only libraTies~ ete.~ this is not according to my
experience in this field. We can get an architect as long as he has the
backgmound~ he is reliable and he wants to give us an economic proposi-
tion~ as far as we ate concerned~ he drafts his preliminary ptans~ sub-
mits th~m~ changes are made to the peoples~ liking who are concerned
with it and have to livewith it: and I think this should be the eoumse
we should follow. I can see no point in interviewing a~chitects. They
will bring in their pictures o~ theim best buildings: etc. If an arChi-
tect has a Standing and a backgTound~ this is exactly what is wanted.
Mr. Wallace said why don't you stipulate in that after interviewing the
architects and as fat as beautification of shrubbery~ pamking lot~ etc.
some said this was in their fee: some said not= why don~t you make a
proposal and say we are looking for certain things to be included~ and
we will offer a 5% fee~ and see how many jump at it.
Mr. DeLong said the City Manager has all the details on it.
He will tell them what the price of buildings are~ naturally with the
reduction of what their fee would be~ and I think we can expedite this
if we~!t let the front office have it~ and I so move. Mr. Wallace
seconded. Mayor Jackson asked if there was any discussion. Cammied
5-0.
Mm. Wallace said before going any furthem, since we started reading a
resolution on a specific date~ he asked Mm. Simon if it had to be com-
pletely read before midnight to be legal. Mr. Simon said he would look
it up.
Mayor Jackson said she wanted to ask Mm. Klinck one thing before he
left, and asked if the Council would drop down to NEW BUSINESS, Item B
because Mr. Klinck wants to speak on this - this is to consider the
offer of Riley Field Co.
Mr. Klinck said he understood that it had been settled, and Mayor Jack-
son said no~ it is on the Agenda.
MT. DeLong asked if Mr. E~qnck could give a recommendation on it: and
then to let Mr. Simon read the ordinance to get it in before midnight
so there will be no doubt.
Mayor Jackson asked MT. Klinck to give his recommendation.
Mr. Klinck reconmended that the lots offered by Riley Field Co., adja-
cent to the sewage treatment plant site ate so located and of such size
that they would be of no practical use in expansion of sewage treatment
plant~ and we do not recommend their acquisition for that purpose. If
there is any other purpose in mind: that is a different matter.
-55-
MINUTES
REGULAR CITY COUNCIL MEET~qG
PL~Y 1~ 1973
Offer of Riley Field Co.~ conrad.
Mr. DeLong moved to take the recommendation of the Consulting Engineers
to reject the offer of Riley Field Co. Mr. Roberts seconded. Mayor
Jackson asked if there was any discussion. Carried 5-0.
Mayor Jackson asked Mr. Kohl if he would write to Riiey Field Co.
Resolution No. 73-AA: conrad.
Mr. DeLong asked ~o Simon to continue reading the Resolution No. 75-AA,
and Mr. Simon began with Part 3 - Presentation o£ P~'oposals~ Page 7.
Mr. Harmening moved to adopt the Resolution No. 73-AA, and that it be
passed.
Mr. DeLong seconded the motion. Mayor Jackson asked if there was any
discussion. Carried 5-0.
Mr. Wallace moved that we go to the item which relates to the Fiscal
Agent: and Payment of Bills~ and that all other items be tabled. If
there is time after the special meeting~ they may be t~<en up, and if
not, a time will be set at that time.
Mr. DeLong asked if Mr. Wallace could add to permit the City Manager to
contact everyone that he pmevious!y contacted about the traffic lights -
to put some pressure on them.
Mr. Wallace said he thinks he has already been given that.
Mr. Kohl said between June and Ju!y~ the one on 22nd~ I think. The one
on 23rd is not until next year in 197~. There was some discussion among
Council members as to what the motion was.
M~yor Jackson said the motion was to drop down to ADMINISRATIVE, Item A.
Consider Selection of Fisea! ~gent - and D. Approval of Bills.
Mr. DeLonq said he moved that we accept the recommendation of ¥~. F!ynn,
the Finance Direetor~ and Consulting Engineers that Wainwright & Ramsey
be employed or engaged as our Fiscal Agent. Mr. Wallace seconded the
motion. Mayor Jackson asked for any discussion. Carried 5-0.
Mayor Jackson introduced Item D. Approval of Bills.
Candeub~ Fleissig ~nd Associates
A!say Drilling, !ne.
Lauderdale Contracting Corl~.
Rich Motors Inc.
2,868.59
2t, 503.92
62~687.02
1~300.94
Mr. Kohl recommended that the bills be paid.
Mayor Ja~son had a question about one bill, Candeub and Fleissig.
-54-
MII,~JTE S
REGULAR CITY COUNCIL ~ETING
F~Y t~ 1973
Approval o_~ Bills~ cor~'d.
~4r. ](ohl said he had spoken to the Fin~unce Director~ who would elaborate.
~4r. Flynn said the sum total represented which I attached to the letter~
I cannot locate that last bill which amounts to about $400. I am spe~c-
ing from m~mory since I do not have the paper. I think the last one is
about $430. ~4ayor Jackson corrected the amount to be $420. Mm. Fiynn
said he has written ~or a duplicate, and just got that bill this after-
noon. Mm. Flynn said he had previously approved the bill after a dis-
cussion with the firm.
When I presented it to the City Manager: I gave it a background picture
where there had been a previous Council agreement on the recor~nendation
of the previous CTty ~ianagem: Mr. Kil!gore~ to approve a maximum of
$2~000 approximately in dealing with Candeub and Fieissig. I then
learned that there was a later agreement with Planning and Zoning -
Mr. Largent~ to proceed with additional help. Rathem than employ people
in his depa~cment~ he did enlist the extra semvices. Right here there
is a technieality - these people should have put an amendment to their
agreement~ and put it on reeomd that these se~yices weme requested~ and
submitted to Couneil~ but there is nothing o~ this nature existing. I
received these bills the very ~irst day I took ovem this position~ and
there may be a moral right on the pa~t of the City to meet s_nd pay this
amount. ! did have them for 5 or 4 weeks because it exceeded the $2~000
limitation~ and just yestemday momning i found out about this bill for
$420. which I cannot locate.
Mr. DeLong moved that we pay all other bills that are recommended ~or
payment by the City Manager~ and that this particular bill be discussed
by the Council at a later date~ but hold the payment on this particular
bill. I believe this was done by verbal agreement, and I don't believe
the minutes will reflect that there was any Council action on it. ~lr.
Ftynn said no~ there was not.
Mr. DeLong moved that the bills other than this one that are recommended
for payment by the City Manager and the Finance Director be paid.
Mr. Wallace seconded the motion and ~[rs. Jackson asked if there was any
discus sion.
Mm. ](oh! said that as soon as he saw this he started immediately asking
questions~ and spoke to Mr. Largent. I do not believe we should pay
bills on someone's womd. It shouid be in writing.
Carried 5-0.
-55-
REGULAR CITy COUNCIL MEETING
~Y 1~ 1975
~Po Wallace moved to adjoumn the meeting.
be a Special meeting next Tuesdav to ~=~ __j~]~._~Ouemts ~elt theme should
the mOtion. Cammied 5-0. - ~ u=u~nr up~ Mm. DeLong Seconded
~eeting adjoumned at !1:50 p. ~.
ATTEST
CITY OF BOYNToN BEACH: FLOR/DA
-56-
"POSITION STATEMENT: RE - CHARTER WORID'!
Page 2
TO: THE NAYOR, VICE-MAYOR AND UJ~NBERS OF CITY COUNCIL OF BOYNTON BEACH.
FROM: THE OFFICERS AND ~ERS OF THE STEERING CONNITTEE OF THE UNITED
BOYNT01~ CIVIC LEAGUE~ !NC.
~ORANDUM: "POSITION STATEMeNT: RE. CHkRTERWORID.
The Officers 'and Steering C
League have given serious d ' ommmttee ~f the United Boynton Civic
. eliberation to the full implications and
m~oact of Charter World~ Palmland D~'e!opment
development of the City of Boynton Beach. Corporation, on the
To this date the League has refrained from any official public
statement. However~ we now feel it is our responsibility to make known
onrposition.
FIRST~ our position reflects our attitude toward ANY developer
because we are dedicated to the proposition of orderly planned growth
with low density as a residential co~m~unity. We do not want Boynton
Beach to become a concrete jungle and high density community as is the
case of commuuities south of us; or, what is n~mnder construction
on A-1-A north of us.
SECO}~D, we recognize the fact that desirable light industry is
neoessa~y aud imperative to the growing econom~ so essential in the
employment of local people.
THL%D, in the case of Charter World
theOffmcers' and Steering C ' - now on this evenings Agenda -
position: ommit~ee of the League recommend the following
A. We are agreed oR low density of 6.5 units as best that can be
negotiated; with deed restrictions and Covenants that give
rigid controls by the City of BoD~ton Beach.
B. We are agreed on the lowerJ density as a compromise from the
basis sf the requested referendum on aonexation under date
of Nov 6, 1972 that developed from the original high density
plaus. There is no point of "beating a dead horse, continuing
litigation on either side for the expense involved and the
unfavorable publicity to the City.
One of the members of this Co,uncil has presented at a
$ ~he t~rlt.ten opinion of Attorney General
z'esum~ on 8n ~-n~u~_~y ~r the forme~ City~ Attorney.
It would be desirable to support this opinion of the Attoruey
General by also reading into the record here the full content
of the letter of the former City Attoruey to the Attorney
General so that full background information is given to the
p~blin o
"POSITION STATEMENT: RE - CHARTER WORID"
Page 2
5
De
We are agreed that there must be binding guarantees to the City
by the Palml~ud Development Corporation as it relates to sewer,
water~ and storm drainage. Such facilities are a developers
expense and must be negotiated in a mar~uer that will not burden
the taxpayers of the City with additional t~xes. It is *ar
position t~at developers must pay their due costs.
We agreed~hat if satisfactcrynegotiations can be arrmved' at
that such negotiations and agreements encompass the entire
~roject so that no future changes on fLual agreements t~ke
place that effect density~ sewer~ water~ storm drainage;
deed restrictions and covenants as long as it fits the need
of ~,K&~tong rang~ requirements in the development of the
entire project area.
United Boynton Civic League~ /nc.
NO. 72 - 2'/
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, EXT ENDING THE TERRITORIAL LIMITS OF
SAID MUNICIPALITY BY THE AI~NEXATION OF A CERTAIN
UMNCORPORATED TRACT OF LAND CONTAINING LESS THAN
TEN REGISTERED VOTERS, LYING CO. NTIGUOUS THERETO
AND WITHIN THE SAME COUNTY, TO-WIT: PARCELS
LOCATED IN SECTION 1-AND SECTION 6, TOWNSiqIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED HEREINAFTER; REDE-
FtlNING TIlE MUNICIPAL BOUNDARIES, REPEALI-NG ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDI~fG FOR AUTHORITY TO CODIFY, AN
EFFECTIVE DATE, ZOlkViNG CLASSIFICATIONS, AND FOR
OTHER PURPOSES.
PREAi%~BLE
V~ti~EREAS, the owner of the property more particularly described
hereinafter has heretofore petitioned the City Council of the City of Boy'nton
Beach, Florida, requesting the annexation of certain property lying adjacent
and contiguous to the territorial limits of said Municipality and within the
sazne County, to the Municipal territorial limits of sai d ~City; and
%VttEREAS, all requirements of the Laws of the State of Florida,
relative annexation of con.lguous territory have been complied with; and
WHEREAS, the City Council of the City of Boynton Beach, Florida,
deems the annexation of subject tract to be beneficial to the Municipality
and to the owner of said tract, -
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: Thai the City of Boynton Beach, Florida, hereby
annexes lo the territorial limits of the -City of Boynton Beach, Florida, the
following described parcel:
All of Section 6, Township 46 South, Range 43 East and the
Eastern half of Section 1, Township 46 South, Range 42 East,
excluding three small parcels lotaling approximately 20 acres,
described below as follows:
~Vest half ( Vi 1/2) of the Southwest Quarter (SW 1/4)
of the Southwest Quarter (SW 1/4) of the Southeast
Quarter (SE 1/4) of said Section 1.
West half (W 1/2) of the Southeast Quarter (SE 1/4)
of the Southwest Quarter (SW 1/4) of the Southeast
Quarter (SE 1/4) of said Section 1.
The Northeast Quarter (NE 1/4) of the Northwest
Quarter (NW 1/4) of the Northeast Quarter (NE 1/4)
of sa~d Section 1.
Section 2: That subject property shall be zoned in accordance
with Master Development Map and Site Plan now on fitein the office of the
City Manager, City Hall, Boynton Beach, Florida, all pursuant to the
Master Zoning Code of the City of Boynton Beach, Florida.
Section 3: The territorial boundaries of the City of Boynton Beach,
Florida, are hereby redefined so as to include the above-described
Section 4: Separability: Each of the provisions of this Ordinanc~
are separable and if any section, subsection, clause, phrase or portion of
this Ordinance is for any reason held invalid by any Court o~ competent
~urisdlction, the remaining portions shall not be affected but shall remain
in full force and effect.
Section 5: Authority to Codify: Specific authority is hereby
the City of Boynton Beach,
ordinances of the City of Boynton Beach,
hereby repealed.
Section- 7:
granted lo codify and incorporate this Ordinance to the City's existing Code.
Section 6: Repealing Provisions: All ordinances or parts of
Florida, in conflict herewith are
Effective Date:
This Ordinance shall become effective
in the manner and at the time provided by the Charter and Ordinances of
Florida~
FLrst reading this 24th day of October, ~. D., 1972.
-2-
1972.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
City Clerk
(CORP. SEAL)