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Minutes 01-16-73MINUTES OF REGULAR CITY COLhNCIL MEETING HELD AT cITy HALL, BOYNTON BEACH, FLORIDA, JANUARY 16, 1973, AT 7:30 P. M. PRESENT: Mrs. Emily M. Jackson: Mayor Joe DeLong~ Vice May.on David Roberts, Councl/man Edward F. Harmening, Councilman Forrest L. Wallace, Councilman Mrs° Te~eesa Padgett, City Clerk Ernest G. Simon, City Attorney Mayor Jackson called the meeting to o~der at 7:51 Po M. The Invocation was given by former Mayor F~ank McCoy~ followed by the F/ag Salute led by Councilman Wallace. ANNOHNCEMENTS M~s. Jackson announced that the Chamber of Commerce and Council and the Community Development Committee will have a joint meeting on Januaz~ 24:1973 at 3:00 P. M. She also announced that representatives of the County will be in City Hall on January 22 through January 26 for filing of Homestead EXemp- tions. Presentation o~ Plaques Mrs. Jackson presented Martin Durkin with a plaque for his ter~s of service as Municipal Judge, for 1961-1968 and 1970. Mrs. Jackson then presented a plaque to Clarence Q. Jones "tn Apprecia- tionw, City Manager, June 1970 to 1972. Martin Durkin expressed his thanks to the Council. He stated that being a Judge, he lost some friends. He insisted on adhering to principles of the law. In the 10 years, as Judge, he handled at least 20,000 cases: of those only 2 decisions were ~epealed and both were confirmed and approved by the Cir~uitCour~ of Palm Beach County. He then put in a good word for Walter Jackson. He also stated that he had excellent clerks of court, and one person in the City Hall to whom he owes an obligation, who is capable, amiable and handsome, City Clerk: Tereesa Padgett. MINUTES Special__Me__e_ti__n~- - January 1, 1975 l~. Wallace moved that the minutes of January 1 be adopted as written, seconded by Mr. DeLong. Motion eaz~ied 5-0. Regular Meet_lng - January 2, 1975 M~. Wallace moved that the minutes of January 2, 1972, be adopted as written, Seconded by Mr. Ha~mening~ Motion carried 5-0. -1- MINUTES REGULAR CITY COUNCIL MEETING JAN~L~RY 16, 1975 M!NUTES~ cont'd. Special Meeting - Januar~ 9~ 1973 Mrs. Jackson askod that these minutes be t~bled as she tms not yet read Mr. DeLong moved that the minutes of January 9th be tabled, seconded by Mr. Wallace. Motion carried 5-0. PUBLIC AUDIENCE Mrs. Jackson introduced a gentlemen who flew in from Colorado to speak to Palm Beaeh County on regional government, Archibald EdwardRoberts, Lt. Col. U. $. Army (Ret.), author, lecturers authority on constitu- tional government. Mr. Roberts stated that he is in the State of Florida on behalf of the Florida Legislative Research Cc~mittee, a private organization, for the purpose of addressing various County cc~missions on regional government and what affect it has on local gover~3nent structure, and what it holds for the future. He explained his program briefly, and left a copy of his text with the City Clerk. R. B. Vastine, 132 Leisurevilles Blvd., Vice Pres. of the United Boynton Civic League, stated that a man who consistently and in a trolly dedi- cated manner attended all Council meetings and advocated all things good for the City and the community at large had recently passed away~ and asked that a tribute be given to Robert Beyrer. Clarence Jones, 1144 S. W. 25th Avenues expressed his appreciation to the Council for presenting him with the plaque. He expressed his eon- cern about what has recently occurred with two employees, Harold Hopkins and Tereesa Padgett. Both employe~s received letters of reprimand durin9 the past two or three months.~ Du~zng his year and a half as City Man- ager~ he found both of these employees to be extremely efficient and totally dedicated'to the interests of all citizens of the community. The fact that the 1970 Couneilappointed Mr. Hopkins Acting City Man- ager and the 1972 Council appointed M~s. Padgett as Acting City Manager should prove their capability. He then requested that Council review this case and see that justide is dones and requested that Counoit re- ceive his letters of commendation for each of their personnel files. He expressed his appreciation to Harold M0pk~a~s and Tereesa Padgett for the support ~ivento him during his tenure as City Manager from June 1, 1970 to January 1, 1972. M~. DeLong thanked Mr. Jones end stated that this has been the object of study by the entire City Council. It will come up at the appropriate t~me on the Agenda. Mrs. Jackson suggested that Mr. Jone~~ letters be given to Mrs. Padgett to be turned over to Mr. Sullivan to be put in the respective personnel files. --2-- MINU~ES REGULA~ CITY COUNCIL MEETING J~N~dARY 169 1973 Eze!l Hester, 1106 N. W. 1st St., stated that the candidates who were elected are right on sehedu!e. The Council is do/rig exactly what was asked by the United Boynton Civic League. He then read questions that were sent out by the Civi~ League. He also Stated that he does not see how the letters that Mr. JOnes w~ote can be put in the personnel files when he is only a citizen. M_TS. Jackson stated there are letters f~om Other citizens in personnel Mr. Hester then stated that he might want to put some letters in also. Mr. Hester further stated that Mr. Hopkins was down at Public Works doing special favors. You should not give special favors, you should work fora the good Of the total co,unity. He stated that the Council are not good managers~ and a City Manager should be appointed. He then stated that Mrs. Jackson wanted a full time attorney. He is not against Mr. Simon, but he is a Judge in another city, and Mrs. Jackson said we need a full time attorney. No,men Hands~ 1119 N. Seacrest Blvd. wanted tokno~why the Parks Depart- ment has not been out to the Wilson Recreation Center to do any work for quite some time. Mm. DeLong stated that he made an on-the-spot survey of the area~ and he agreed that the people in charge should give more assistance to the area. A1 Coogler, Municipal Judge, requested a change for the citizens of this City. Court is held at 9:00 A. M. This means that the working man is assessed two fines~ for a violation. One is by the City, and in addition~ unless he has an understanding boss, he loses wages. He would like to have the Council Chambers to hold cour~ in the evening one night a week. Mrs. Padgett stated that Monday or Friday night is available. Mr. Coogler stated that he preferred Monday night. Mr. DeLong moved to allow Plea Day court sessions to be held on Monday nights at 7:00 P. M., secor~ed by Mr. Wallace. Motion carried 5-0. Mrs. Padgett reminded Council that this will mean additional work hours. John Stephens, 715 N. W. 4th Street~ asked why the Board o~ Adjustment denied a variance~ and later one of the members of the Board moved that the Board rehear this parcel, and no one in the neighborhood knew about it. The building per, dr has been issued. This concerns building on a 50' lot. If this is legal it should be changed. -5- I~TES REGULAR CITY COUNCIL MEETING JAkWdARY 16, 1975 P~BLIC A'UDIENCE, conrad. MSs. Padgett stated that apparently it was brought up by the Board~ it was notreadve~tlsed.' It will be checked into. Mr. Wallace moved that the building permit be irrevocably Devoked until further clarification, seconded by Mr. Harmening. Motion carried 5-0. Mm. Stephens then stated that there are Federal funds available for cycle trails. If the City ~outd consider it, it would make bicycle riders safer~ Mrs. Jackson stated that the Recreation Board is working on a plan for a Bicycle Trail to recommend to Council. Mr. Hest~ co~nented on the parcel questioned by Mr~ Stephens. There was a hearing on this. The Omdinanee was Changed in 1962 requiring a 60' lot to build on. This person owned a 50' iot, and the vote was 2-2, and he abstained because he owns p~operty in the area. It came back up at one of the meetings, and one of the Board m~mbers suggested that we rehear it. The~e was no mo~e property available. The Board voted to approve the vamianee. The people were more concerned about what type of house is going to be built, that is not the Board's function. In that area there are a lot of 50~ lots, and you cannot deny a person f~om buildir~g on his lot. Mr. Hester then asked if it is possible for the City Attorney to go over the Summary Outlinewith the Board. Fred Kostner, 140 C High Point Blvd., asked that something be done about the traffic at S. W. 5rd St. and 23rd Avenue. Perhaps a bliDke~ light would help. He urged Council to consider it. He also mentioned the rough part of the pavement west of the railroad t~aek on S. E. 15th Avenue - suggested that 150' to 200~ of road be topped to improve it. Mrs. Jackson said she would call the County on this. O. T. McLean, 906 S. Federal Hway, commended the new Judge; he also commended Clarence Jones who was a firm believer that all public reeo~S were open to the public. Mr. McLean then r~quested that Council put his wrecker back on the rota- tion list. There is orkly one wreeker operating legally~ that is Citeo. Two others in C-1 Zone have been permitted to operate. He is in C-R and requested that he be put on the wrecker motation list. He wanted an answer one way or the other tonight. Mr. Harmening stated that since there are some legal ramifications he is not familiar with he would like to have the Attorney investiuate this. Mr. McLean stated that it has been thoroughly investigated, and he would like an answer tonight. Council agreed to have each Council membem ~took into it, and take it up with the City Attorney. -4- ~ITES REGULAR CiTY COUNCIL MEETING JANUARY 16, 1973 LEGAL Ordinance No. 73-1 - Establishing Site__?.!a~Revie_ Mr. S/mon read Ordinance No. 73-1 by caption only; Mr. Harmening moved to adopt Ordinance No. 73-1 on second s~nd ~inal read/ng, seconded by Mr. Wallace. Mr. Wallace a~ked mf the intent is to have the ~it~ Plan Review Board make recommendations to the Planning .Zoning Board Who, in turn, would make th~ final recommendation to Counc!i. Mr~ Simon ~tated that it is not the intent in this Ordinance~ and if it is the irfc~nt Of Coutncil it would have to be amended a~ter adoption. Motion carried 5-0. Mr. Wallace moved that Ordinance No. 73-1 be amended to read the InHouse Supervision would make recommendations to the Planning $ Zoning Board which would make the final recommendation to Council, seconded by Mr. DeLong. Motion carried 5-0. Ordinance No. 73-2 - Creating a Community Appearance Board Mr. Simon read Ordinance No. 73-R~ by caption oniy~ to adopt Ordo No. 73-2 on second and final reading~ Harmening. Mr. DeLong moved seconded by Mr. If there are any amendments to this Ordinance it can be done after adop- tion. Motion carried 5-0. F~s. Jackson requested Council members to come to the next meeting with names for members of the Community Appearance Board. Mrs. Padgett asked the Council if it is their intent to lift the mora- torium on rezoning. It was originally planned to lift it when we had site plan approval. Mr. Wallace moved that the rezoning moratorium stay in effect until the complete Master Plan and Zoning Map has been adopted~ seconded by Mr. DeLong. Motion carried 5-0. Ordinance No. 73-3 - Approval of Plat, Leisureville~ Sec. IX Mr. Simon ~ead Ordinance No. 7~-3 by caption only. Mr. DeLong moved to adopt Ord. No. 73-5 on second and final reading, seconded by Mr. Wallace. Motion carried 5-0. -5- MINUTES REGULAR C~TY COUNCIL METING JANUARY 16, 1975 LEGAL, con~:d. Oz~inanees - ls¢ Reading P~posed Oz~inance - ~ppz~vai of Plats of Mango Heights and Mango Heights 1st Add'n. (On the table) Remained on the table. ~?_~p_ose_~d~O~.r~diu__an_e~e_ - Creating Position of Assistant City Prosecutor Mr. Roberts moved to table this item~ seconded by Mr. DeLong. Motion carried 5-0. Proposed Ordinance No. 75-5 - F~nendingG_a_r_bgqe_Rates Mr. Simon read Ordinance No. 73-5. Mr. Harmening moved to pass Ord. No. 75-5 on first reading~ seconded by Mr. DeLong. Discussion of con~aercial garbage rates followed. Mr. Wallace asked that consideration be given to the bu.lness interests of the City, as well as the individual heme owner. }~. DeLong suggested adopting the O~dinanee as it is, and then amend it later if necessary. Motion carried 4-1. Mr. Wallace voted '~no~,. Discussion of commercial garbage rates was referred to workshop meeting. Proposed Emergency Ordinanee No. 73-4 - Repealing Ord. 72-25, Organiza- tional Char~ Mr. Simon read Emergency Ordinance No. 75-4. Mr. Roberts moved to adopt Emergency Ordinance No. 75-4~ seconded by Mr. Harmening. Motion carTied 5-0. With the consent of members of Council Mr. Wallace moved that Harold Hopkins be appointed Interim City Manager, and be given $250 per month above his regular salary~ seconded by Mr. Harmening. Mr. Hopkins stated he would be willing to serve. Discuss/on followed. Motion carried 5-0. Resolution No. 73-B-Authorizing Finance Director to Purchase Securities Mr. Simon read Resolution No. 73-B. Mr. DeLong moved to adopt Res. No. 75-B, seconded by Mr. Roberts. Motion carried 5-0. -6- MINI~ES REGULAR CITY CO~UNCIL MEETING JANUARY 16, 1973 LEGAL, cont ~ d. Proposed Resolution 73-C - Revenue Sha~ing (On the Table) M~. DeLong movSd to take it fr°m the table~ seconded by Mr. Roberts. Mo- tion ea~ied 5-0. Simon read Resolution No. 75-C~ Mr. Harmening moved to adopt Res. 73-C, seconded by Mr. Wallace. Motion carried 5-0. Proposed Resolution No. 73-D - Authorizing Execution of Grant Agreement - Sewer Extension Mr. Simon read Resolution No. 73-D. Mr. DeLong asked h~; soon the bid can be awarded. Mr. Klink stated that the contract for the construction of the sewers has been accepted by the contractor. He has submitted a letter indi- eating he would accept the H. U~ D. provisions. As soon as your agree- merit is receivedbyH. U. D. and countersigned by them~ you can signthe contraCt documents for the construction of the sewers. Mr. DeLong moved that Resolution No. 73-D be adopted, seconded by Mr. Roberts. Discussion followed. Motion carried 5-0. OLD BUSINESS Ocean Ridge Sewer Agreement (On the Table) The Attorney in Ocean Ridge requested that this remain on the table. Mr. Wallace moved that this item remain on the table, seconded by Mr. DeLong. Motion carried 5-0. Request of Charles N. Boos and Ronald Linkous (On the Table) Mr. DeLong moved to take this item from the table, seconded by Mr. Har- menmng. Motion ca,Tied 5-0. Mr. Clark stated that ~r. Boos and Mr. Linkous request theCity to pave the stmeet and assess the owners on a front foot basis. M~s. Jackson stated we would have to have a public hearing. Mr. DeLong stated that we would have to decide on what assessment to ap- pty to the cost. -7- MINUTES REGULAR CITY COUNCIL MEETING JANUARY !6~ 1975 .Re__quest of Charles N. Boos and Ronatd Linkous: eont'd. Mr o Wallace suggested that this be put back on t~he table until a work- shop meeting and then develop a future policy for assessments. Mr. Wallace moved that this item be returned to the table until such time as a street paving policyhas been formulated~ seconded hyMr. DeLong. Set for next workshop, Motion carried 5-0, NEW BUSINESS Receipt of Sept. 30~ 1972 Audit Report Mr. Wallace moved that the 1972 Audit Report be accepted and filed, sec- onded by Mr. Ha~mening. Motion carried 5-0. Progress Report by City Planner on Proposed Zoning Map and Ordinance Mr. Wallace stated that inasmuch as we are probably in litigation on some of the things under discussion on the zoning map, where does that place us? Mr. Simon stated that it would be a!~ight to discuss the overall pro- gress report of the Plan, but to stay away from expressing viewpoints on areas that are in litigation. M~. La,gent reported on the proposed zoning map and the County Lend Use Map. He is asking direction from Council as far as density for the City of Boynton Beach is concerned. Mr. Harmening suggested doing better than the County, and come down to about 4 units per acre. Then it would be easier to go up than it would be to go down. Mr. Roberts stated it is his understanding the the County regulation is a guideline. Mr. DeLong stated that it is understanding that the over-all density should more or less come to the number recommended by the County. Mr. Wallace asked what the County will possibly come up with for a den- sity figure. Mr. Largent stated it would probably be about 4 units per acre. We would have to depend on the engineers' statements re the problem of shortage of water. ~s. Jackson requested that Mr. Largent try to get the film re Land Use on the subject of water, eta. to show to the people~ and perhaps make it clear to citizens why we should cut down on the density. Mr. Largen~. said he would try to get the film. In response to query Mr~ Largent stated that the average density in this City in about Fe_b~uary, 1972 was about 5.25~ at the present time it is probably climbing tOWard 8. --8-- MINUTES REGULAR CITY ~OUNCiL MEETING ~f 16~ 1973 ~. Largent s~at~ ~hat he is try~g to use a~ defi~ti~s t~t the Cowry has to comply with the C~ty zon~g ordi~ee. Co,oil agreed ~t it should be the lowest possible de~ity. ~CESS ADMI~T~ Request of S~ds Point~ Inc. to Accept the Assi~ent of Dm~el Pmopem- ties~ Inc. Mr. Clark stated that Drexel has certain obligations to the City. Drexel is selling part of the propez~cy~ and the assignments are bound by this agreement. It does not affect the City's obligation to provide water and sewer. Mr. Simon stated that he has looked the agreement over~ but he did not prepare it. Mr. DeLong moved that this be tabled and turned over to the City Attorney to study the agre~ment~ seconded by Mr. Roberts, and come back to the Council with recommendation of Council action. Discussion followed. Jerry Gross~ representing Drexel Properties stated that they have time limits. Drexel will put in all facilities under the principal agreement. Water and sewer obligation still remain 10~ with Drexel. Requesting the right to water and sewer lines. Motion carried 5-0. _C_0_n_{i~d~e__r Req~_e~t of D~e_ve.~9_per{ 1. Broderick &Rappa, Inc. Council dm. cussed this with the City Engineer and Mr. Rappa. Several questions came up. Mr. Wallace moved to table this item until workshop~ seconded by Mr. ~rmening. Motion carried 5-0. 2. James W. Nowlin, Jr. M~. James W. Nowtin, Jr., representing H. Ben Adams, stated that he is only requesting water and gave a /~ttle background inforn~tion. Mr. DeLong stated that there should be a hard and fast policy on water and sewer revenue funds. =9- MI~E/fES REGULAR CITY COLLNCIL MEETING JANUARY 16, 1973 2. james W. Now]in, Jr.~ conrad. Mr. Roberts moved to table this item till workshop to find out more in- for~aation: Seconded by Mr, DeLong. Motion carried 5-0. 3. Inlet Pointe, Inc~ Robert james~ 6814 N~ W. l~th Ct., Plantation~ explained his request for 325 hookups. He stated there would be a density of 43.6. Requests signed s=atemer~: stating tha~ they will get 325 hookups when they need th~. They wit~ pay fo~ their ow~ sewer on their own property. If the City doesh~t bring the sewer to them they would like to t~ke the sewer to the City. Mr. Wallace moved that the item be tabled until workshop on Tuesday night, seconded by Mr. Harmening. Motion carried 5-0. Robert E. Fields, Jr. Mr. Clark stated that this request is for lighting on N. W. 17th Ave. We can authorize this along with other lights that have been recom- mended for Golfvi~ Harbour and other areas in town according to Florida Power g Light recommendations. The cost would be $16,000. Mm. DeLong moved that the request be granted, seconded by Mr. Roberts. Chief Huddleston asked i~ this includes the area he requested lighting. Mr. Clark answered that it is included. Motion carried 5-0. 5. Rev. A. C. Evans Mr. DeLong stated that before disposal of City property there must be a public bid. Mr. Wallace moved that no City property shall be sold until such time as the Council determines it should be, and revise the procedure~ seconded by Mr. Harmening. Motion carried 5-0~ 1. Request to County to double-strip portion of Seacrest Blvd. south of S. 36th Avenue Turned over to Acting City Manager to handle administratively. 2. Regarding stmeet resurfacing Referred to workshop. -10- ~NUTES REGULAR CITY COUNCIL MEETING JANUARY 16~ 197D Consider Reco~mendatmgns of City~ Eng~ineer: cont' d. 5~ Acceptance of P~oposal for Odor Control This would cost $13:000 a year to ~eplace process of chlorination. It is a budgeted item. Mr. DeLong mOved that this be followed through, seconded by Mr. Har- mening. Motion c~ied 5-0. 4. Traffic Signals M~s. Jackson recommended to Mr. Clark that the City get signals in- stalled at N. E, 22nd Avenue and U. S. ! Congress and State Rd. 804 S. E. 23rd Avenue and U. S. 1 Participation by D. O. T. should be requested. Mr. Clark stated he had talked with Mr. Barker, D. O. T., who said Coun- cil aetion should be initiated to request these lights. They request a resolution requesting the lights so they can get one light installed around June~ and the others later in the year. Mr. Wallace moved that the City Attorney draft the appropriate resolu- tion requesting these traffic signals, seconded by Mr, Roberts. Motion carried 5-0. Request of Police Department Chief Huddleston requested the continuation of the benefits for the outstanding officer of the month. Mr. Wallace moved that the request be 9~anted, seconded by Mr. Roberts. Mr. DeLong also suggested that a letter of commendation be sent to these people to put in their personnel files. Motion carried 5-0. Telephone Service Mrs. Jackson asked that a telephone be installed in the Senior Citizens Building for the safety of residents. Mr. Frederick recommended that a reqular City phone be installed so that it will not be neeessazi~ to find a dime to make an emergency call. Mr. Wallace moved that the request be 9~anted at $210 for the year~ sec- onded by Mr. DeLong. Motion carried 5-0. MINUTES REGULAR CITY COUNCIL ~EETING JANILARY 16, 1975 Requests for Transfer of Punds 1. Firing Range 2. Board Dinne~, Plaques, etc. For Car Allowance for License Inspector Mr. Wallace moved that the requests be granted~ Motion carried 5-0. seconded by Mr. DeLong. ?pproval of Bills 1. Gene Moore $1,003 Mrs. Jackson stated that 5n the minutes of December 19~h that all bills were brought up to date. Mr. DeLon9 recommended that this be handled administratively by the City Manager, and send a letter to Mr. Moore asking why he is billing us~ when he stated that it would be free of charge. Mr. Simon stated that there is a fir~l hearing on the 22nd of this month° Gene Moore has prepared all the documents~ and is willing to attend this final hearing. He recommends that it be done this way. Mr. Simon was not aware of this othe~ bill, and thinks it should be clarified. Mr. Wallace moved to follow the City Attorney's recommendation, and also that Mr. Simon be included in the Bond Issue hearing, and be paid $60 an hour for the time taken, seconded by Mr. Harmeningo Motion carried 5-0. Mr. DeLong stated that he and other members of Council hague taken the time to do some study and have come up with the eondlusionthat the in- cidents involving the Superintendent of Public Works and the City Clerk never warranted action that was taken by there ~letters. of mand. ~a~e~_~?eo~os or DO=~ 1=Glv~ua!s, seconded by'Mr.'Watl~. Motion Mrs. Padgett stated that ther~ has been a request to purchase a code boo~ in its entirety. The cost would be $225, up to date. With the Council's permission we can sell it, He would have to pay for supplements to keep it up to date, Mr. Simon asked if there is any p~oblemwith the pubtishem. Mrs. Padgett stated that the publisher will not release it without the Council's approval. MINU~ES REGUk~R CITY COL~CIL MEETING JANUARY 16, 1975 OTHER: cont ~ d. Mm. Bigelow requested that Council give appmoval to release the Code book~ Mm. Roberts moved to give approval to Mr. Bige!ow to buy the Code book direct f~om the publ/shem~ seconded by M~, Wallace. Motion eaz~ied 5-0. The Council then diseusse, d the use, of the C?Uneil Chambems~ as to whether to eontLnue the same po]icy. Requested COpies of existing po//cy. ADJOU/~NMENT Meeting was adjourned at 11:51 P. M. ATTEST: CITY OF BOYNTON BEACH, FLORIDA '13-