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Minutes 12-19-72MI3K2I~S OF REGULAR CITY COUNCIL MEETII~G HELD AT CITY H~LL~ BOYNTON BEACH, FLORIDA, DE~ER 19~ 1972 AT 7:50 P. M. PRESENT: Robert B. Effron~ Mayor Mrs. Emily M. Jaekson~ Vice .Mayor John Archie~ Councilman Harold Blanchette~ Councilman David Roberts, Councilman Travis E. Killgo~e, City Manager M_vs. Tereesa Padgett~ City Clerk Gene Moore, City Attorney Mayor Effron called the meeting to order at 7:D3 P. M. The Invocation was given by Rev. Donald Connolty, Pastor~ St. Thomas More Parish, follOWed by the Flag Salute led by Charles Frederiek~ Recreation Dir- ector. Announcements Mayor Effron announced that a tentative date has been set for the Police Station Dedication Ceremonies on December DOth at 2:00 P. M. We sine trying to get Judge Hugh ~-~.~ and Sheriff Heidtman for the ceremonies. Mr. Arehie asked if the time could be changed to 1:00 P. M., as foot- batl gemes on Saturday afternoon might cause people not to come to the oememonies that would othez~rise come. Ma¥or Effron stated that it is possible to change the t/me, it is only tentative. Presentation of Plaques Mayor Effron presented a Plaque to City Attorney Gene Moore from the City of Boynton Beach for an outstanding job as City Attorney for 1960-1966 and 1968-1972. The Mayo~ also presented a Plaque to Travis Killgore, City Manager for 1972. MINUTES - Regular Meetings December 5, 1972 Mr. Roberts asked that the following Statement be added to Page 6: after the 5th paragraph: '~Mr. Rbberts asked the number of estimated people that voted, not countingwinter residents: the answer was around 5,000. He then asked the total number o~ registered voters, the answer was 11,500. He then questioned how can3,000 votes control the City, what about the othe~ 8,5007~' Mm. Arehie moved to approve the minutes of December 5th, with this cor- rection, seconded by Mrs. Jackson. Motion carried 5-0. -1- MINL~ES REGULAR CItY COUNCIL ~b~ING DECEMBER 19, 1972 P[IBLIC AUDIENCE Father Connolly stated that having come to Boynton Beaeh~ he loves the City very much. He has read in the newspaper that the City is aga~nmt gz~wth. He made one Observation that if the City Council is against growth, with the kind of money involved~ the people can try tO e.et up their own city west of Boynton Beach. He has not seen thms b=ought into cOnsideration so far in the newspaper. He ha~ hopes Wise planning is being consid- ered. Council on the way they have r~n the City. Maynard Wertz asked to speak on Bids (5). J. B. Wilson: 47 Isle Ct. ~ asked the Mayor not to have a double stan- dard. He stated that he was told that the Mayor gaveled one side of the audience down: but when you were told you could gavel the other side down~ you said you could~ but you won't. It was quite apparent that the Mayor did not gavel the other side down. Don't have a double standa~d. When certain remarks a~e in your favor gavel them down too. Mayor Effron stated that he had never done this. Bob Johnstgn~ 523 S, W..9t.h St., Stated that he has not always been 10~ in a~ement with.thzngs that have. haDpen.edo Me expressed his ow~ pers~l appreciation to the Council, aithbu~B we do~'~ agree with them ~e have to ~iv ~ .... ~'~ ~- to themr own eonscmence. ~NOEL~. g Des~ 3OD O. T. McLean, 906 and 911SouthFederal, asked if anything has bean done on the election taw violations. Mayor Effron answered that Mr. Kitlgore has turned the correspondence over to Ze!tDavis, State Attorney. Mr. McLean thenaskedwhy Mrs. Jackson did not speak up at the last meeting on the election law violations~ when she had it put on the Agenda. Mrs. Jackson stated that she did not call a Special Meeting because we ame a legislative body~ not a judicial body~ and she felt it would be wrong to anted into anything political. Mr. McLean then stated, that i~ this were true the Council could at no time make an accusation that any violation existed. M~. McLean fur- ther stated that the United Boynton Civic League saw fit to support a black person for Cit~ Council. He sincerely believes a black ers should be on the Council. How many people wo~ld rent or sell toPa on black person? This is typical of Boynton Beach and the problems we £ace. Money is rolling ~f~om all sides. Boynton Beach is springing up all around. Mr. Arehie has contributedmo~e to what has happened in Bownton Beach than othe~members of Council. We have had our words~ but he has not found anything that is bad about M~. A~ehie. -2- MINGTES REGULAR C~'f COUNCILMEETING DECEMBER 19, 1972 PUBLIC AUDIENCE, cont'd. Mr. McLean then told Mr. Moore that when he comes into the City H~3~ to go through the legal procedure, he doubts that he could go into another city, and find things quite as o~derly, you have had a lot of backup from Mrs. Padgett. Piv. McLean stated that Boynton Beach has no identity, nothing that makes it stand out. One thing that is needed, and would possibly have 85~ Of the votes~ is an auditorium. He suggested establishing a com- mittee or board to ~o~k on plans for an a~d~to~ium. He suggested that it S~ldOne t~igh~l~ee~,se Le does not fee! the new Couneilwillhave time to do this. Mayor E~f~ Watlace,~ ~ can See ~i Of the west o~i ~ and see ;ated ~ha.t he had talke~ to last year's Mayor~ Foz~est ~an auditorium. In tryxng to.analyse this Mayor EffDon -~ for a South County auditormum, ~ike in the north end Th~ Maygr st~ed that he has w~ittenthe County Com- q?~erat~on on the 63 acres of land they have out or ermng congress ~venue. We have not had a~eply on pete to wait for a reply from the County Commission s. Mr. McLeam~shed all a Very Merry Christmas and a Happy New Year. Mr. A~chie recognized a man that has done an outstanding job as muni- cipal ~udge for the last two years~ Honorable Judge Joseph Tomberg. A1 Bigelow~ S. Military T~aii, stated that they came into the City and plan to stay, ~egardless~ they have offices and residence. Me would mather discuss this project than have the people fight it. Why doesn't s~neone confront us about it? Vernon Thompson congratulated the Council on the tremendous job that has been done in the last 4 or 5 years. He stated that he has heard nothing further about the progress on N. E. 10th Avenue. This is one o£ the major problems of the City. Another problem is connecting sewer lines to persons with~,rea$onable distance. If we are waiting fo~ federal funds we might not get, he wanted to know the position on this. Mayor Effron stated that there is something on the agenda with regard to sewer lines. Mr. Killgore stated that the County is proceeding in acquiring the right of way on N. E. 10th Avenue. There was some discussion bet~meen the County En~inee~ arx~ the County Commission~ but it is cleared up Mr. Thompson stated that it is not only 10th Avenue, there is Seacrest~ which is also a County road. He suggested that the City in some way M~dTES REGULAR CITY COUNCIL MEETING DECE~3ER 19~ 1972 PUBLIC AUDIEI~E, cont'd. pressure the County into improving these streets. He then thanked the COuncil for the job they have done and stated he would like to see thins continue for the best for Boynton Beach. Joseph Tomberg stated he has been municipal judge for two yea~s~ prior to this he has.also se~ved~ He thanked the Council for the oppore3anity to Sei+~e the City. He stat~ed that he has h. ad only one lawsuit which tics been settl~d~ one appeal which was denled~ there are over 200 cases ev~y m. onth, His t. erm is ups and he would never accept anot._her appo~nt- ment~ due to pressinq business. He again thanked the Coutne~l for the opP0r~kuity to serve~. ~nd eMen thoughlhe was appo~nated Dy a 5-2 vote the Council has neve~ baoked off on him. BIDS Mr. Killgore recommended the bids be awarded as follows: V-Notch Chlorinator Wallace & Tiernan $ 2:%20.00 Chlorine Scale Wallace & Tie,nan 1, 730.00 6~? Self Priming DeWatering Pump Gondas 2~750o 00 Portable Belt Conveyor Gondas i~ 118~ 00 Mr. A~chie moved to accept the City Pianager~s ~ecommendation and award the bids as !isted~ seconded by Mr. Blanchette. Motion carried 5-0. 5o Sanitary Sewer Extension Maynard Wertz stated that according to the newspaper~ Mr. ]~illgore said that if the bids were opened it would eliminate any funds. P~r. ~ill- gore then stated that the newspaper should have stated that if the bids were awarded the funds might be eliminated. Mr. We~cz presented Council with a petition containing 274 signatures requesting Council not to award contracts for extending or improving the sewer system at this time. Mayor Effron received the petition. Mr. Killgore stated that it is not in the best interest of the City not to proceed with the sewers. Mr. ]~illgore listed the following Water & Sewer funds available: ~ti!ity General Fund Water Revenue Fund Renewal & Replacement Fund (1964) Renewal & Replacement Fund (1969) Federal Grant Funds (Sewer Treatment Plant Allocation) 1971 Bond Issue -4- 570:571 50,000 80~000 90~000 4,6~000 8~6~71 987~000 MINUTES PEG~2t CITY COIKNCIL MEETinG DECEMBER 19~ 1972 BLDS~ cont ~d. to Lauderdale Contracting Co~po~tion in the amount of $1~24D~079.30 in accord with the alternate bid p~ovided the Federal Grant is not re- ceived by January 2~ 1973. Mr. Killgore also suggested that there not be any further discussion on the b~s~ a~ any diseussmon ~ght prevent the City ~rom receiving I~'. Arehie moved that thi~ totem be tabled until January 2, seconded by Mrs. Jamkson. Motion carried 5-0. Mrs. Jackson suggested that the petition be filed with the City Clerk so that it will be available. LEGAL Ordlrm3ace No. 72-34 - Block 34~ Boynton R/dge - Rnd Reading Mr. Moore read Ord. ~72-34. on second and final meading~ tied 5-0. Mr. Arahie moved to adopt Ord. No. 72-34 seconded by Mr. Blanehetteo Motion car- Resolution No. 72-CC - Lease Agmeement, Safety Deposit Box Mr. Moore stated that this resolution simply appoints Larry Artz and Betty Law to use the safety deposit box to make deposits and with- arawal~, Mr. Archie moved to approve the resolution~ seconded by Mrs. Jackson. Motion carried 5-0. Resolution No. 72-AA - Re ~rary Bond Issue Mr. Moore referred to Resolution No. 72-~A that was adopted at the last meeting~ and asked that it be coz~ected to read that it was advertised in the Boynton Beach News Journal for two pmbtications~ and not in the Com~erelat ~ecord for four publications as it was read. Mr. Archie moved to correct Res. No. 72-AA~ as stated by the City At- torney~ seconded by Mr. Blanehette. Motion carried 5-0. Resolution No. 72-DD - Approv~g Settlement with L. O. T. Mr. Moore stated that the settlement of property in connection with the opening of Z-95 has been authorized. ~e City appraised the property at $50~000~ the State appraisal was lower. The State has now agreed to $48~500 and pay t/ge appraisal ~ees. Depaz~cment of Transportation has requested adoption of a resolution approving this settlement. -5- MIR-riTES REGULAR CITY COUi~CIL MEETING DECEMEER t9~ 1972 Resolution No. 72-Db, cont~d. Mr. Moore stated that Resolution No. 72-Db is Standard ~esolution form and should be adopted to approve this settlement. Mr, A~eb, ie moved to adopt Resl No. 72-DD~ seconded by Mr. Roberts. Motion carried 5-0. Mm. Moore stated that at the last meeting Mrs. Jackson mequested a sum~amy of the status of pending lawsuits~ copies have been circulated to Council. - Mrs. Jackson questioned No. 3 on the lm~t~ with regard to the for final judgment of Validation on the Libramy Bond Issue. She stata~ that the new Cou/%cit mealbers feel that the next City Attorney handle this. Moore stated that this is for the work ~one up to date. Mr. Archie asked Mm. DeLong his feelings. Mr. belong stated that he was asked by Mrs. Jae/<§on on the legal proce- dume. He £eels we should wait until such tinge as a site is selected, We have the privilege of getting the money~ but we ~on~t have a site~ %t is his opinion that we have the cart before the horse~ by not selecting the site first. Mr. Arehie stated that Mr. Moore ~ill get the same fee whether he handles the validation or not. Mr, Moore stated that this brings everything up to date, and evez$rching is set ~or an orderly transition. Mr. Arabic moved to pay the City Attorney the fees as listed on the memo dated Dee. 19~ 1972, seconded by Mr. Blan~hette. Motion carried OLD BUSINESS Conditional Hse of Mango Heights Plats (Tabled) Mrs. Jackson moved to take this item off the table, seconded by Mr. lrchie. Motion carried 5-0. Mr. Laz~ent reviewed the plats with members of Council. Mr, Largent stated Mr. Murray has agreed to pave S. W. 2nd St. from S. W. 5th Large to S. W. 6th Ave.~ and had also 5g~eed to give 25~ for the Right of Way for S. W. 6th Avenue. Mr. Murray stated that he will deed Tract A Catchment Area to the City as soon as the Plat is recomded. MINUTES REGULAR CITY C0lhYCIL. MEET/d~G DE~nI~BER 19~ 1972 Con. ditionai Use of Manq~o Heights Plats (Tabled) - continued Mm~ Moore stated that the Plat can be approved: but there will then have to be an ordinance drawn up. Mr. Arable moved to instruct the City Attorney to draw up the proper o~dinance for approval of the P!at~ provided we receive deed to Tract A~ a bond~ and right of way for S. W. 6th Avenue~ seconded by Blanchette. Motion ca~ied 5-0. k~W BUSINESS. Report of Southern Line Cleaning Mr. Killgore reported that Southern Line Cleaning spent t~o days iden- tifying the conditions of our sewer system. It is enough to justify the taking of bids to completely repair and clean the entire sewer s~stem. He recommended that Russell & Axon be authorized to prepare specifications for competitive bids for the repair of the sewer system. Mayor Effron stated that based on the Bond Agreement~ he believes we are required to perform sm annual maiutenance and inspection. The last inspection was done by R. & A. in 1968. This was done at the direct request from the Bondholders. 1~ae City has been very remiss in that this has not been done. Mrs. Jackson moved to instruet R. & A. to prepare specifications for bids to repair the sewer system~ seconded by Mr. Arable. Motion car- ~ied Request of Boynton Beach Child Care Cent~ Mr. Killgore could see no objection for the Day Care Center to use the property to the south of the present building as they have requested~ provided that a building is not located on t~t property. It could be used for a playground~ allowing a fence to be erected which can be removed at a later date if the City requires the use of the property. Mrs. Jackson asked if it would involve any more insurance. Mr. Moore stated no more than what we have now, Mr. Arehie pointed out that it appears from the letter that they plan to use this property to expand the building. Mr. Killgore then stated that there appears to be room to add on to the exm~tmng bumldmng~ and use this property for recreation area. Mr. Archie moved to approve the request as the City Manager reocm~aended and emend the lease to approve a fence to be ereeted~ but no permanent structures on the south property~ and make sure there is i~urance erage: seconded by Mrs. Jackson. Motion carried 5-0. -7- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 19~ 1972 Establishment of Trust Fund for Federal Revenue Sharing Funds Mr. Killgore recommended the establishment of a Trust Fund where all the Federal Revenue Sharing Fur~ds will be deposited, requiring a sep- arate bank account and proper records to include a budget account which will become a section of the Annual Budget. He also recommended that ail funds received be budgeted for necessary capital expenditures. Mn~s. Jackson moved that Federal Revenue Shaming Funds be put in a Trust Fund to be used for any legal means we can~ seconded by Mr. Archie. Mayor Effron stated that when Mr. Artz was in Atlanta for a conference on FederatReV~ue Sharing~ the importance was placed on what must be done~ and what must not be done. His recommendation was that it should be used for capital outlay. The Mayor would like to see this Speelal Trust Fund set up and labeled for Capital Outlay. Mrs. Jackson stated that anything legal would include that. Motion carried 5-0. ADMINiSTRATiVE Report on Wage Increases - I. R, S. (Councilman Roberts) Mr. Roberts stated that during the budget hearing he questioned whether or not we were in line with th~ program setting limits on in- creases. He talked to two offices, and there is no evidence of vio- lation. Approval of Palm Beach Leisureville - Release ~8 Mr. Killgore reconmended approval of Palm Beach Leisureville Release The Council members reviewed the Plat. The density is about 12 units per acre~ alt ~lm. gle family homes. Mrs. Jackson asked if this is in accordance with the original Plat of Leisumeville platted in 1969. Earl Owens answered that this is ex- actly as the original plat. Mrs. Jackson moved to approve the Plat of PatmBeaeh Leisureville, lease ~8~ Section IX, seconded by Mr. Roberts. Motion carried Mr, Blanchette voted ~no~ as it is over t0 units per acre. Meter Parts for Leisureville M~. Kitlgore stated that he has discontinued the practice of the City purchasing supplies ~or Leisureville or any other private industry. He does not know why such arrangements were made for purchasing items -8- Mi$.~/TES REGULD3. CITY COUi~CIL ~EET~[G DECEMBER 197 1972 ~t%ter Parts for ' ~ ' TM ~ Lem~urevl~e ~ oont ~ d. which are re-sold to a developer. If Council disagrees with the action a polieywould have to be e~tabl~shed in order to continue such a practice. After discussion on this item~ Council members agreed with Mr. Kiligore that the pmactiee should be stopped. Application for Permit to Solicit - Boynton Beach Lodge ~1257~ Loyal Order of Moose Mr. Arohie moved that the req~lest be granted~ seconded by Mrs. Jackson. Motion carried 5-0. Approval of Bills candeub, Fleissi9 & Associates (Final Payment) $ 2~510.00 Mrs. Jackson moved to pay the bill~ seconded by M~. Roberts. Iir. Archie asked why we are paying the final payment~ and we have not received ~y of our grant funds. Mr. Largent stated that he can now submit to the government for these funds, and hopes to have it back in two or three weeks. Mr. Arohie asked if we must pay it all before we can receive any funds from the government? Mr. Largent answered ~yes~. Motion carried 5-0. OTHER Mr. Killgore stated that a request has been received from Ocean Ridge asking for consideration in this age. cement to provide sewer treatment facilities to Ocean Ridge. it looks like a pretty well written agree- ment with two or three small points to be o!eared up. Mrs. Jackson moved to table this item until the next meeting~ seconded by Mr. Roberts. Motion carried 5-0. Mr. Kill9ore expressed his sincere appreciation to the Council. Nor- mally a manager's ~iggest problem is the Mayor~ this has been his least problem here in Boynton Beach. ~%~.ere is'no finem person ~o wo~li with in a business manner than Mayor Ef~ron. He has no complaints with Mr. Arahie, Mr. Blanchette, or Mr. Moore. He has no complaints toward anyone~ but he is sorry' Mrs. Jackso~ did not suppoz~ h~. He appre- ciates Mn?. Roberts~ sincerity~ and sorry we did not enjoy the best relationship as far as work is concerned, Mr. Killgore furfZqer stated that he appreciates the tim~e he was allowed to stay here, and wishes he could have stayed longer, and wished for the City - the best. MI~dTE S REGULAR CITY COUNCIL MEETING DECEMBEt% 197 1972 OTR~R~ contt d. J. B. Wilson, stated thab he does not know Mrs. Padgett, but has read about her~ and talked with peop!~e that know her. He refezTed to the newspaper article in which Mr. ~illgo~e reprimanded Mrs. Padgett for withholdin~ funds and supposedly causing the City to lose interest. Mr. Wilson stated she could have been withholding funds because the orders that accompanied the funds stated the City could lose these funds. He asked Mr. ](iltgore if he would admit he was possibly wrong about Mrs. Padgett. Mayor Effron stated that Mr. ¥~illgore cannot help what was printed in the n~spaper. The Mayor also stated he is looking into this matter. Mr. Wilson asked Mrs. Padgett if she would care to say anything. Mrs. Padgett stated that the Revenue Sharing Cheek was received Monday moZ~.ing~ Dedember llth. She read a portion of the letter that accom- panied the cheek. She felt this was new for the City~ and she did not know within her ~n mind that the City had met the requirements. As soon as possible that same day she sent a speed-letter to Mr. Killgore that We were in receipt of the eheek~ and sent a copy to Mr. Artz. Mayor Effron came in later that day~ and she told him we had received the first check: and had sent the memos. He felt we were qualified~ went across the hall~ ta/ked to Mr. Artz~ and came back and said we were qualified. Mrs. Padgett further stated that she then deposited the check across the hall at the cashier on December llth. She does not know how it hit the papers: but the records are here to speak for themselves. Roberts moved to adjourn~ seconded by Mr. Archie. Meeting adjourned at 9:17 P. M. Cliff OF BOY~ON BEACH~ FLORIDA Robert B. Ef~ren, Mayor John L. Arehie, Councilman -10- MINUTES P~EG~LAR CITY COUNCIL MEETING DECEMBER 197 1972 Attest Ha~o~L. Blanchette: Councilman David Roberts ~ ~ounci!man City Clerk -11- CREMkTI~ON CERTIFICA~'E Morgan Guaranty Trust Company OF NEW YORK 23 Wall Street, New York, N. Y 10015 CORPORATE TRUST DEPT, THiS IS TO CERTIFY THAT WE HAVE THIS DAY CREMATED THE FOLLOWING SECURITIES DESCRIBED NAME OF OBLIGOR: CIT~ [] BELOW ~ PER ATTACHED SCHEDULES DESCR PTION OF ISSUE: Wa~er and Sewer Revenue Bonds, Issue of 1961, Series A dated December 1, 1961 NUMBER OF COUPONS 1,665 FACE VALUE S 32,137.50 COUPON NUMBER 18 18 COUPON DUE DATE December 1, 1970 December 1, 1970 NUMBER OF COUPONS 1,550 115 COUPON VA $ 19.25 20.00 '~E ABOVE COUPONS WERE PAID DURING THE PERIOD ~ Morgan Guaranty Trust Company of New York D.~TED ~?~ ~ TOTAL $ 29,836.40 2,300.00 CRI~MATI~N CE~I~ICAT~ CORFORATE TRUST DEPT. Morgan Guaranty Trust Company OF NEW YORK 23 Wall Street, New York, N. Y 10015 THIS rS TO CERTIFY THAT WE HAVE THIS DAY CREMATED THE FOLLOWING SECURITIES DESCRIBED N~ME OF OBLIGOR: ,DESCRIPTION OF ISSUE: :~ BELOW PER ATTACHED SCHEDULE.< CITY OF BOYNTON BEACH, FLORIDA Water and Sewer Revenue B~ads Issue of 1961, Series B dated December 1, 1961 NUMBER OF COUPONS 1,510 FACE VALUE $ 30,275.00 COUPON NUMBER COUPON DUE DATE NUMBER OF COUPONS COUPON VALUE TOTAL 18 December 1, 1970 1,450 $ 20.00 $ 29,000.00 18 December 1, 1970 60 21.25 1,275.00 TH~ ABOVE COUPONS WERE PAID DURING THE PERiOD~.~r' !9?O./~f~y~ 1Q71 Morgan Guaranty Trust Company ef New York DA:TED C~IZ ED SIGNATURE