Minutes 04-10-73MINVdTES OF THE SPECIAL MEETING OF CITY COUNCIL OF THE CITY OF BOYNTON
BEACH~ PLORIDA~ HELD AT CITY HALL, TUESDAY, APRIL 10, 1975
PRESENT
Emily M. JacP~on, Mayor
Joe DeLon~, Vice Mayor
David Robert~, Councilman
Forrest L. Wallace, Councilman
Edward Fo Ha~mening, Councilman
Frank Kohl, City Manager
Mrs. Cal!ie Clanton, Dep. City Clerk
Attorney Ernest G. Simon
Mayor called the Special Meeting to o~de~ at 7:55 P.M.
Attorney Simon gave a report on the present lawsuit involv/ng Palm-
Jland Development Corp. we h~ve 2 court h~arings scheduled for Friday,
Kpril t3th, also a public hear/ng scheduled for n~xt T~esday night be-
fore Council regarding the zoning of land involving Pa/m/and. Palm-
land has presented a rough draft to Council of agreement between the
two parties ~ which you need to go over as soon as possible, and consider
cancelling the public hearing next T~esday night and put it on the
agenda for next Tuesday to review and possibly accept the agreement,
which the hope to have ~. fo~.mal forth. This would be a com-
plete the four tawsults involved. Palmland is willing
to ( 15th~ i~ Counail is willing to can-
eel ~nd work towards an a ~g~eement.
~I~. ~ to ~ prese, nted by ~ gi~7
orn.ey to review it and come bac~ with
some .~ own. Seconded by Mr. Wallace - ~.arr~ed
5-0 · ~
and Mr. Holtlngs~orth,
M~. Fenimo~e Coope~, ~ep~esent~ Palmland ' ~Z~m'
attorney came forwerd to explain the rough draft of agTee~ent. 'F~.
Cooper stated that this was definitely a rough fo~m, but they had a~-
tempted to bring forth the main points in the agreement. He p~oceeded
to explain about streets, drainage, wate~ and waste wa. tot ut~
land uses ~ limitations etc. It was brought out that if Palmland deeds
az~Y land to the City, it must be free and clea~ of any mortga~e~ invOlved~
A.t~?neys $/mon and Ho~lli~gsworth are to meet on Friday to look ove~ a
~/nished draft by Palmland in o~de~ for the Members of Cou/%eil to have
t/me to review it before next Tuesday's meeting. M~. Wallace moved to
cancel the publ/c hearing ~ecommended by the Planning and Zoning
seconded by Mr. DeLong. CarTied 5-0.
Request for wate~ and sewer Service and possible annexation by O. Clin-
ton Scott was left on. tfc~e table.
.g~pointments of Judge ad litem and Assistant Prosecutor.
Mr. Walla~ moved to appoint David Centola, 400 South Federal as
Judge ad l~tem. Seconded ~y M~. Ha~mening. Carried 5-0. M~ Hwy.~
·Harmen -
in~ moved. ~/lat Assistant P~osecutor be tabled, seconded by Mr. DeLong,
and carrmed 5-0.
MINUTES
SPECIAL CITY COUNCIL ~ETING
APRIL 10, 1973
Reguest of Mr. Kohl - Re Street Resurf&~/n,q
Mr. Wallace moved tbmt this matter be taken off table, seconded by Mm.
DeLong~ and carried 5-0.
~. DeLong moved to accept reco~nendations of City Manager~ seconded by
Mm. Robe~ts~ carried 5-0.
Status Report of City Mana~qer
ZoningRegulations:
It was recommended that legal plann/ng and zon/ng be submitted to legal
cozn~-I before being presented to this Council2 M~. Roberts moved to
~dce~t~ seconded ~by Pi~. DeLong, and carried 5 0. .
Received $16~920.00 ~rom HUD. re: Comprehensive Planning Assistance.
Con~m/nity School project contract will appear on April 17th A~enda for
approval and signatures.
~. Kohl request~9~d Permission to remove a build/ng at Seacrest Blvd.&
· EL. 1 Ave. whiCh.had ~been condemned. M~. DeLong ~vedtheJ ~ity.~ianager
take necessary a=kion tO remove said building~ seconded bM M~. Har~enfza~,~
e~ied.5-0· MaYOr J~ekson asg~d Fly. Kohl i~ the City cre-w could take
down this l~/ildi~g and the answer was ~Yes, wa can.~
Mm. Kohl: upon ~request of .Mrs. Hoilbrook and M~. i{~, asked Council
fo.r per~lssion ~oT the Socialite Club to use the Basketball Court at
Wz!s?n Center, onl June 24th~ from noon to 8 P.M. for a children's carn-
ival Mr. DeLo~g moved to grant this request~ seconded by Mr. Harmening,
carried 5-0.
Revenue Shewing
Mr. DeLong stated: ~ I move~ the City Council ear-mark ten per cent of
all Federal Revenue Sha~ing Funds already received and/or to be received
by the City of Boynton Beach, Florida~ for the purpose of he~e-by creat-
ing~ a program of aid for the poor~ needy and infirm residents o~ the
City of Boynton Beach, Florida, and extending the scope of activities
o~ the Community Relations Board, where-by said Boardl shall be ~espon-
sible to study, investigate and reco~nend, in writin~'~o the City Council
the d/sposition of all app!ieat/ons for this type o~'aid.
Further more, funds for this assistance shall not be disbursed without
City Council approval: and upon recommendation, in writing, to the City
Counc~ by a majority vote of the entire membership of the Community
Relations Board ~
When Federal Revenue Sharing Funds to the City of Boynton Beach, Florida
terminate, so shall this program o~ aid.
The City Attorney, is here-by instructed to prepare the necessary legal
instrtument, in order to implement this motionJ~
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MINUTES
SPECIAL CITY COUNCIL MEETING
APRIL 10, 1973
o~nd~_d b~ ~- W~l~ace and earz~ied 5-0. Mr. DeLong requested copses
be n~iled to Community Relations Board.
DiscuSs Comnm/nity Appearance Board
Discussion followed on this by Mr. ~eLong and ~,,n~ ~urned over to the
City Attorney t~ check out Resolution in question.
North Boynton Industrial Park
Mr. Hollingsworth, Attorney,~ reported tl%at this Plat has
~een withdrawn. No action to ~e taken.
Re-location of Handball Court
Mr. DeLong moved th. is be tabled until next meetir~3, seconded by M~.
Haz~ening and carried 5-0.
Consider DOT Letter
Mr. Kohl read a lette~ from the Department of T~ansportation regarding
1-95 into the record.
Other
}~. DeLong moved that Mr. Kelly ~irton be appointed as an alternate
member to the CivilService Board, to replace LaWrence D. ( Skip )
Crawford, seconded by Mr, Roberts, carried 5-0.
Mr. DeLong read into the record an article on chapter 7 Civil Service
and turned it over to the City Attorney for his opinion. Copies were
to he mailed to Civil Service Board Members.
D~. Steve Kochakian of 3525 So. Lake Drive, Boynton Beach, stated that
the Electrical ~oard elected him to be spokasman ~or them, regarding
96 modular homes being ereoted off Seacrest Blvd., one block west of
,5thAvenue~ and claimed it is un~air to put metal buildings in Boynton
Beach where people have spent so much to buy their homes. The founda-
tions are in and another permit wilt ~e necassary fo~ 9retting con-
struotion, Mu~h diseussion-.£ol~owed ~en the~City Attorney,~the
City Council and 1~. Koehakian. Mr. Wallace moved that a ~ Stop O~der~
be instituted, that no future permits for foundations or erection of
buildinqs be allowed until a ruling or determination of courts received.
seconded by Mr. Harmening~ and carried 5-0.
Mr. Leslie Thompson requested permission to talk about North Boynton
Industrial Park. Me is definitely opposed to a Cement Plant or any
other detremental building being e~eet~d, when he has spent so much
on his home. It will tend to devalue his property greatly. He asked
the City Council not to let it develop any further.
Notices ~or Speeiel Meetings are to continue until otherwise ~otified.
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MI~U~S
SPECLAL CITY COUNCIL P~ETING
APRIL 10~ 1973
Mr. Ha~mening moved to adjourn, seconded by}i~. Wallace. There being
no fUrther business, meeting adjourned at 9:20 P. M.
i ATTEST:
CITY OF BOYNTON BEACH~ FLORIDA
Emi~y M. ~3~cksor~ Mayor
DaVid Ro~ts, Counei~an
E war F. H~n~ C~i~n
/
,.-- I ~ '
~ ~ EDWARD A MUcLL~R---be~re~ ~- : ~.~:~'~,.~
De~ay Be~ch~ Florida - -' .
' , Section: 9~1'1 ' ' '
-~r¢~*~ ~;* ~-9, 197~ ..... State ~o&d *' "
...... . '~ ' ~ .... ~3 ~¢o.: Z-9~-~(~04)~
· ~%~j oi Bo~on B_ach
' ,~ 120 ~--~ ' -aV~n;~ -
- ! "Bd~toh !~ach, F!ori~
~- ---~es= Padgett - City Clerk. - ' '
~=~ k~s.' Padgett: ' .... ' - . . ·
..: T ~=z ,.~h'yo~' }.~. _Tom Ci~ City En~eer, ~d' ~. C~les Fre~ick, Recreatio~
~ - D=~e~o~, on ~-~c.. 21, 1~73 ~d e~l~ed the prooosed p-~chase of 1-95 P. ight '
~j~ - ~ - ~ ~ - SW
~, of Way ~t the So~,ze~ corner of 15th Avenue ~d SW 3~d Street in ~tan
i~ o=aca. ~.=-. Cl~-k provmded, ma with ~ copy of }.~. Frede~ck~ Msmor~ud~
, h 3-15-73 ~ere~ he e:~ressed conce~ about a ~ssib~e ~crsased ~fic h~z~d
~n.e_cn~uoe. It was the S~- s
'L[ - res~ting from the 1-95 ~ + ~ '" ¢ requested t~t I ~t .....
" bro~sai in-~itin~ so thai'it ~y o- properly considered by ~ne
~=z~ Fio~da Dep~tment of ~as~rtation has ~e~ed a v~ffe dete~uati~_ of
L~ ~al~e ~d .uo~s ~ C'~e ~ud t~s is broken do~ as follows:
- r.- ~ 9,-t'30.00--. : ~ .-~_ ,¢~/~ =~cr=~ Land in the-T~ng _
,. ~ 20~00.00: _.ccess Ro~ - .-*
~s~ ,1 ~ ~ to C~e ~12~.000.O~ -~- Backst~p_.~d Fence ~.~d~ications ' ' . · '
~. ~." ' ~50;O0 '.:. L~dsaape i-tems ·
~o~O.~0 To~ Compe~&tion
Cbs '~e~chsrs ~e..mov~ble ~ ~e ~onsi~cr~d as oe=so~] p~ope~ty ~ather th~u .
realty. I texize ~hht ~e~e o~tic~ bleaChers ~e q'~te old ~d ~oving
.. them wo~d no~-b~- ~o~ ~ad~id~. 0~, the bleachers on ~ne ~{or~ 'szce
' ' ~z~n l;k. Fre~ick it was felt that ~u est~mR.te
ccnszderea, in conversation- '~'
of ~1,87D.~O for a -set-of bleachers q~te ~sslb!y co~a be aoso. o-d in the
u~,~ to C~e of $32,950.00. The l~udscap~ fi~s .ox ~&LSO.~O covers cost
~eo~ ~ci~- the Ficus trees rather th~u moving them. The ~ ~
. ~ .... ~ ~40¢¢00.u0 fi~e for
access road is based on the plan ~roposed by the City, However sho'~d sub-
s~mue~' de~ ....... ~ *ton~' "suggasL' a different arrangement of the access road:
~_~_,~]~ p~1~n~.~ o e~c.' ~u~._o ~o~d be acceotable to the Ds~tmenL of Transportation.
.~ C~e compensation
chose %o apprqpriate the ;£%i~-~s diffe~en%iy, .... un_. ~ was yo,~ pero~a~ive.
~,. ~.t!an~mc , De!ray ~ach~ ~lo~aa Phone
iA ,,.~ City
W~~O~'-=~=~Z~_ ~ as discussed wzzn .,.~. Fredrick, '~ -'~=
Very t~]y
~i. Maier
.....
. JBy: H.H.
P. O. Box 868
Boynton Beach, Fla. 33435
April l, i973
TO: City of Boynton Beach
F~yor ~nd Council Members
Re: Resol~tio~No. 73-R
.Written notice of objection to ResoZutionNo; 73-R and
ite passagebytheCityCo~ncil of B°Y~t~aBeach.
1. On~h 29, !973 I appeared at 't~eCityEngi~e~r,s
office to i~spect pla~s and s.Decifications c~vering construction
of NO. ?~-R whioh is required to be-ma~e available to anyone
according tot he City Charter. I was toid they were unavail-
able became they had not-been completed at that time.
2. There seems to be a do~ble standard as far as developers
are ~onCerned. When we were constructing our bu/lding at 205
3rd Street we were told and we did p~y for, all paving, of alleys
streets concerning or benefitting our buildings because the
said that the developer had to provide_them. Also the
city made us put in a 4 inch,water line (175 feet} to serve
this building at a cost of. $1400.00 dollars tO ~us which we did
because again we were told that the developer ~d to.
~How~ver in ~he case of Charles Boos of Bo!rntOn Center the de-
~e!operof adjoining property and the propaseror~etitioner of
Resolution Eo. 73--R, he asked the city to pave the street which
he needs before he ca~ get a Certificate of Occupancy , 150 feet
on undeveloped N,E. 1st Ave. end N. Eo 2nd St. benefits 'him
.almost 100~. Our property faces ~. E. 3rd Sto I do not need
N. E. let Ave. and the benefit to our property is practically nit.
Your city charter reads -- ~most be~efits"o I thinkF~. Charles
Boos as developer of same should pay for t~s paving Just as I
was made to.
3. Also Charles.Boos %~s allowed to use a water line tb~t
I ~s denied usage of 6 months before he started construction b~cause
I was told that it was insufficient to supply a 20 unit apartment.
Bnt he has now connected two (2) 20-unit apartments a total of 40
units to this sa~ line and the city em~.loyees did all the work
in connecting up same.
.City of
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'1 ~ADril~ 1973
I was also told that he would-have to' install a 6 inch water line
with a fire hydrant, none of 'which' has been done.
City Council members ~ I think that a ~ouble standard does
_ in this city wi~h speciaI favors to certain individuals.
I have been to most city council meetings in the past year and
have heard this double s~andards
and how you. were going ~o w'zth ~hem but-this Resolution
?is a perfect e~ample~of special'consideration,
i plan to research this fur.'er an~ ta~e whatever action
necessary to protect my interestS.
Yours truly, ~
~rsnk Mute, President
~illicent's OpportuD/ties Corp._
Sox 868
Boynton Beach, ~la. 33435