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Minutes 11-21-72MINI1TES OF THE REGGLA~ CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, NOVEMBER 21~ 1972 AT 7:30 P. M. Robert B~ Effron= Mayor Mrs. Emily Jackson, Vice Mayor John Archie~ Councilman Harold Btanchette~ Councilman David Roberts, Councilman Travis E. Killgore~ City Manager Mrs. Tereesa Padgett, City Clerk Gene Moore~ City Attorney Mayor Effron called the meeting to order at 7:45 P. M. The Invocation was given by Father Carl Morrison~ St. Mark's Catholic Chu~h~ followed by the Flag Salute led by Travis E. K~llgoye, City Manager. Mayor Effron announced that a Public Hearing will be held at the next regula~ meeting on December 5: at 7:30~ with ~ega~d to the Site Plan Ordinance and Cc~mm/nity Appea~ence Ordinance. The Mayo~ then announced that the Annual christmas Parade, on Sunday~ December 5rd at 2:00 P. M. ~ sponsored by the Chamber of Commez~e and the Recreation Department, will ~art at Seacrest Blvd. and 15th Avenue~ and proceed to City Hall. Mayor Effron announced the Referendum for Library Bond Issue on Decem- ber 5: 1972. There is information available which explains the needs and where Boynton Beach is as far as the standards. The Mayor then reminded everyone that on Wednesday evening there will be a special Thanksgiving Service held at the Civic Center, as Rev. Doug Smith announced at the last meeting. MINLLTES - Regular Meetin~ November 7, 1972 Mrs. Jackson moved to accept the minutes of November 7th as written, seconded by Mr. Arehie. Motion ca, tied 5-0. P~BLIC A~DIENCE Marble Mires, 322 S. W. Ath Avenue: requested an ordinance to protect our trees and vegetation when clearing property for building. Mayor Effron stated that he is sure this will be included in Site Plan Approval and Community Appearanoe: end it will be taken under advise- ment. Janet Hall asked to speak on Item VIII A. -1- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBF2~ 21, 1972 BIDS Award of Bids on 9 Vehicles Mrs. Jackson stated that she has talkedto so~e people from North Palm Beach~ and some of the best used Police cars are saved for the Build- ing Department or other departments to use. She asked if this has been looked into in this City. It was pointed out that there is usually 80~000 to 90,000 miles on these cars when they are traded in. M~o Blanchette stated that if we had a repair department that could take care of the repairs he would go along with it. Mm. Killgore reported that bids were received for one compact car, one stationwagon and 6 police cruisers for the Poliee Depa~u~ent~ also a cruiser for the Pi~e Chief~ He recon~nended the award be given to the low bid - Florida Ch~yster Plymouth o~ West Palm Beach fo~ all 9 vehicles at a tOtal cost 6~ $31:478.84~ less $5,000 for trade-in on 6 vehicles, for a total eash expenditure of $26,478.84. Mayor Effron questioned*he one cruiser for the Fire Chief. Mr. Kill- gore stated that it is included in the total of the 9 vehicles. M~. Killgore explained the trade-in allowance. This is the largest amount of money he has ever seen bid on Police cruisers. It is pure economics - this changes the attitude in keeping vs. trade-in. He recommends trade-in. ~. Archie moved to accept the recommendation of the City Manager~ and award the bid to Florida Chrysler Plymouth in the amount of $26,478.84, seconded by Mr. Blanchette. Motionoarried 5-0. LEGAL Ordinance No. 72-3~ - Approval of Boyr~con Beach Memorial Park,Add'n ~1 Mr. Moore ~ad Ord. ~72-33. Mr. Archie m~ed to adopt Ord. ~72-3~ on second and final reading, seconded by Mr. Blanchette. Motion carried 5-0. OTHER Mr. Roberts stated that he was approached at his place of residence with a new petition regarding annexation of C~harter World~ asking for a referendum. Mr. Roberts moved to accept this petition according to paragraph 32~ Sec. 7~ Article I of the Cha~ter, and comply by setting a date for a referendUm~ seconded by M~. Jackson. -2- MINUTES REGULkR CITY COUNCIL MEETING NOVEMBER 21~ 1972 OTHER~ cent ~ d. Mr. Archie stated that .it has been explained by the City Attorney, the Attorney General and the Counsel for the League of Cities of the State of Florida that Mr. Roberts and what he is doing is w~ong. Motion failed 2-3. Mayor Effron, Fi~. A~ehie and Mr. Blanohette voted Mr. Roberts moved that the original petition be accepted and cc~plied with~ seconded b~ Mrs. Jackson. Motion failed 2-3. OM B~I~SS Resignation of Gene Moore, City Attorney (On the Table) This item remained bn the table. Conditional Approval of Manqo Heights Plats Mr. Killgore stated that the City Planner has recommended that condi- tionai approval be granted to the Mango Heights and Mango Heights 1st Addition, containing 80 lots, and opening up S. W. 2nd St., S. W. 5th Ave. and S. W. 5th Ct. M~. C!a~k said he would 1/ke to see the condi- tion be put on the Mango Heights 1st Addition that additional right of way be obtained prior to final apprOval of the plats. Mr. Archie asked why approval is needed now? The criteria when we passed on this before was the five acre tract used for the pending for drainage and the other was the street alignment. Are they trying to change both of these now? Mr. Clark then stated that this is beyond the i/mit of the plat. This is on the south il/m/ts of this 5 acre tract which encroaches onto the pavement on S. W. 6th Ave. They would like to go ahead and p%~c in the improvements on the north plat, but on the south plat we require 509 right of waY, Dick Teag!e~ Engineer with Mr. Carlton~ stated that the five acre tract to the south was acquired to resolve the problem of drainage. They would liks tohave total approval. They are not dedicating the street, therefore it is not necessary to have a 50~ right of way. Further discussion continued. Mr. Arahie moved to table the entire items and send it back to the Planne~ for further Study and be brought up at the next meeting, seconded bY Mr~ Roberts, Motion carried 5-0. -5- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 9i~ 1979 Adoption of General Development Plan Mayor Eff~on stated that the Public Hearing was held on the technioal report and brochure prepared by the Planning Consultants, Candeub~ Pleissig~ Mrs. Jackson moved to accept the General Development P~n ~ith the understanding the zoning will be drawn up to please the people~ not the deve!oper~ and keeping in mind the necessity for i~ density~ seconded by Mr. Roberts. Motion carried 4-1. P~r. Archie voted V'no~. NEW BUSINESS Paving Casa Loma Blvd. (Marine area) Mr. Killgore stated that since this was not specifically budgetc~d~ and is now est/mated that the cost ~rill be approx/mately '$26~ 000~ this priority will have to be set ahead of other projects anticipated in our street resurfacing program or appropriate out of surplus funds~ and attempt to proceed with this project and use a portion of the an- ticipated Federal Revenue Shaming Funds in our Streets Improvement Program. Revenue Sharing Punds a~e expected within the neXt 50 to 60 days. Mr. Archie questioned the price of fill at $5.00 a yard. Mr. Clark stated that fill with 1/me rock mixed in would cost about That. Mr. Arehie moved to accept the recommendation of the City Manager, and pave Casa Loma Blvd. ~ seconded by Mr. Btanehette. Janet Hall objected to the paving. Mr. A~ehie withdrew his motions and Mr. Blanchette withdrew his second to the motion, Janet Halt~ o~ner of the Sea F~ist Marina: stated that the Statistical Report of the Msmina Area was made by Mr. A1 Tople~ based on a survey that he made. She stated that the Marina Area is not a s~ll business. She represents most of the Cha~ter Boats~ and some of the Drift Boats~ and the street paving is not the solution to the problem. It is a help~ but the problem is traffic congestion~ there is only one way to get in and out. She suggested that N. E. 2nd Avenue be opened~ and this would cut in half the traffic that comes in from Ocean Avenue. She feels this should be looked at as an over-all picture of what needs to be done to benefit the whole fleet. Mr. Arehie moved to table this item, since the Council just received this report~ seconded by Mrs. Jaelcson. Motion carried 5-0. -4- MI~dTES REGULAR CITY COUNCIL NMF~TING NOVEMBER 21, 1972 Consider Proposal - Emergency Use of Water Supply & Fire Depa~.~ent Facilities Mr. Kit!gore requested that the attached policy be adopted as to the emergency use of water supply and fire department facilities. Mrs. Jackson asked Mr. Cla~k i~ this is in aecordancewiththe Health Department. M~. Clark stated that he is not fully acquainted with the legal requirements as far as the Health Department goes~ but there is always a concern that polluted water in some circumstances - a bit unusual incidental, since a fire hose will collapse under any nega~ tire pressure. This is why City personnel will monitor this 9pera~ tion - to prevent any type of hazard to health. M~. Roberts asked if there are any examples for using the Fire Depart- ment for private use? Mr. Ki!lgore pointed out it could be used for washing down debris in streets: flushing out lines, supplying water in case of emergency. There are times when the City Engineer or Mayor can make a decision for the health, welfare and safety of the people and not wait for the City Council to meet and discuss whether to do it or not. M~. Blanehette moved to adopt the policy for emergency use of water supply and fire department facilities. Mayor Effron~u~udedthe gavel to Mrs. Jackson, and seconded the motion. Motion ca~riedo ADMI%~ISTRAT IVE Report of Election Returns Mrs. Helen Brutl reported for the North Preeinct~ as per attached. Mrs. Erna Weaver reported for the South Precinct, as per attached. Mr. Archie moved to accept the report from the Committee~ and place the names of the top 6 candidates on the ballot for the General Elec- tion on December 5~ seconded by Mrs. Jackson. Motion carried 5-0. Mayor Effron expressed thanks to the Clerks for a job well done. Mrs. Padgett announced the top 6 candidates. Fire Hydrant Charges in Ocean Ridge Mr. Killgore feels that the cost can be included in the monthly fee~ He also agrees with the opinions given to the Council by the City Attorney on this matter. He requested instructions from the City Council as to whether to pursue this matter further. M_rs. Jackson moved to table this item, seconded by Fro. carried 5-0~ Archie. Motion MINU~S REGULAR CITY COUNCIL MEETING NOVEMBER 21~ 1972 Waste Water Expansion ~£ogram Study Mr. Killgore recommended that Russell & Axon's report be appToved, and requested authority to require Russell & Axon to proceed with the inter/m expansion of the waste water treatment facility for one mill/on gallon daily package plant. This program to include the necessary mod/~ieation of the present facility. He also recommended that the complete waste water study be author/zed to specifically include a rate analysis to coincide with the water rate analysis. Bids have bean ad- vertised, and will be received on December 11 at 10:O0 A. M. M~s. Jackson stated that she talked to someone who just came back from Atlanta, and there is new /nformation on revenue shsming. Mayor Effron stated that in order to comply with th~s funding this de- sign work has to be done before we a~e ~onsidez-ed. Mrs. Jackson made a motion to table this item. ~. Killgore stated that we must move forward on this. This cannot be delayed to protect the people that are here who are going to have a serious situation if someth/ng is not done to our S~age Treatment Plant. Mr. Reberts asked if the Plant is meeting the standard of treatment at this time. Mm. Kitlgore stated that it is, but we have a proposal for modification in order to continue that reading for 9~ treatment or better. Further discussion followed. Mr. Roberts seconded the motion to table. Motion failed 2-3. Mayor Effron pointed out that all we are trying to do is plan for the future. This report tells us about the growth we have had, and we do 'not want to come up with our back against the wall~ and say there are no more connections left. Mrs. Jackson stated that she made the motion to table because scmething came overt he television from Gov. Askew aboutFederalfunding~ and she talked to someone who just came back f~om Atlanta. Mr. Archie moved to accept the recommendation of the City Manager and authorize Russell & Axon to proceed with the interim expansion of the Waste Water Treatment facility, seconded by Mr. Blanchette. Motion carried 5-0. -6- MINUTES RE~dLAR C~i~f COLLNCIL MEETING NOVEMBER 2!~ 1972 Authorization to ~esurface N. W. 5~d Street Mr. Killgore rec~um~nded the changeorder, to have additional ~esurfac- ing accomplished in the amount of $2~948.50, to be paid for out of ~esu~facing money. Mr. A~chie moved to accept the recommendation of the City onded by M~s. Jacksor~ Motion carried 5-0. Paz~icipation of Sanitary Sewers - Golfview He~bo~ 2nd Addition ._M~.. Kitlgore stated that a request has been received from Mr. Norman Miehae3~ Presider~ of Mi/nor CO~poration, for the City to participate the mn.taltatmon of sewer extension. It appears the request would be beneficial to and the City of Boynton Beach~ to. increase the pre- cost at a later date. The proposal is for ~nd the City to pay $5~968.80. accept this proposal. Mr. Blanchette moved to accept.the rec?~_dation of the City Manager~ seconded by. Mrs. Jackson. Motion carried 5-0. Authorization to consolidate three Spe~l Funds Mr. Killgome stated that Mr. Artz has ~equested that three Special Funds be consolidated into one fund: Acct. ~102 - Working Capital 107 - Disaster Fund 109 - Self In~urance $19,750.98 8,333.66 Mr. Arehie moved to 9~ant authorization to consolidate these three funds into one fund for investment purcha~e~, ~o-~be kno~p a~.Emergeney ~und~ with a total o~ $60,559.08~ seconded by Mr. Blanchette. Motion taxied 5-0. Reques~ Approval to Rent Warm, house Space (905 N. Railroad Ave.) Mr. Killgore stated that it will be neeessaz~y to rent warehouse space for approximately one year in order to relocate the Facilities Depart- ment, which is located at the Old City Hall~ Old Jail and Old Fire Station. Warehouse space located nea~ the City Shop, 905 N. Rai3_~oad Ave., is available at $200 a month. Mr. Archie questioned the reccmvaendation of John Sehneidem, Animal W~den, for a facility at the Sewer T~eatment Plant, as to whether not it was checked into. -7- MZL~ES REGULA~ CITY COtLNCIL ~ETING No~E~ 21: 1972 Request approval to Rent Warehouse Space, conrad. Mr. ]~illgore stated that the~e are too many houses i~ the area, and · t there could be a problem with he do~s barking. It appears a facility can be located at the rear of the Water Plant at the p~esent time. Mr. Archie moved that the request be 9~anted, seconded by Mm. Blan- chette. Motion carried 5-0. Consider Civil Service Appointments Mr. Kil!gore recommended the following appointments, confirmation by the City Council. Thomas A. Clark R~chard A. Carden Charles Frederick and requested Utilities Director General Services Disco Parks & RecreatNonDirector Mrs. Jackson stated that this is unde~ litigation~ and she does not feel that it should even be d~oussed. Mr. Moore recommended that the advice of the City Manager be followed. Mr. ~ehie moved to confirm the positions appointed by Mr. ]Ci!lgore~ seconded by Mr. Blanchette. Motion carried 4-1. M~So Jackson voted Discuss Parking at Beach (Councilman John L. Archie) PiT. Archie would !~ce to see the people of Ocean Ridge and their guests be given the same consideration as the people o~ Boynton Beach in the utilization of the Public Beach. There probably would not be over 50 cars of people that live in the Town of Oeean Ridge~ and it would be nice to get along with the citizens. M~. Archie then made motion to let the people of Ocean Ridge and their guests have the same privilege for the use of the Municipal Beach as the people of Boynton Beach~ seconded by Mrs. Jackson. Mayor Effron concurred with Mr. Archie. He feels this Council has made great strides with our neighboring city and that the two oc~nuni- ties can definitely look ~head. The condemnation suit as far as the Inlet property has been dismissed. If Ocean Ridge will t~ke away their rescinding resolution as far as additional beach acquisition in Ocean Ridge~ he feels we will have additional beach in Ocean Ridge. Mr. Blauchette stated that he feels that i~ we are going to give it to Ocean Ridge, that everybody in the service area should be allowed the use of the Beach. Mayor Effren stated that he does not want to see us defeat our purpose, in that the taxpayers and residents of Boynton Beach have',.a place to pa~k~ We eau go overhoard~ and defeat the purpose. ~ -8- ML~ES REGuLaR C~Y COUNCIL t~TING NOVEMBEP~ 21~ 1972 Discuss Parking at Beach, cont~d. Mr~ Killgore recommended proceeding with this through Decembers and have a lock at it~ and see if at the first meeting in January if we can still handle these people~ and maybe take in surrounding areas. Council agreed with Mr. Killgore's reccmmendation- M~. Archie then stated that three and possibly four members of the Ocean Ridge Council, and the City Manager and a number of the citizens of Ocean t~dge, feel that Mayor Effron has done more to bring the two communities together than any other Mayor. Mr. Killgore is to handle it admiuis~matively as to the me~hod of issuing decals to Ocean Ridge. Motion carried 5-0. A residea%t of Ocean Ridge in the audience mentioned that citizens of Ocean Ridge are issued stickers to show they a~e a resident: and pe~- haps this could be used for admission to the Beach. Council thought it could be a possib53/ty, and asked M~. ]~il!gore to check into it. Report on Signalization Study - Ocean Drive & Congress A~enu% Mr. Killgore reposed that the County has authorized a two-phase fully actuated signal to be installed at Ocean Drive and Congress Avenue. This will be accomplished by the County provided funds are available within this budget year. Consider Holiday (Friday after Thanksgiving) Mr. Killgore requested consideration ~or declaring the Friday a~ter Thanksgiving as an additional holiday for City Employees. It is not designated in our Civil Service Rules & Regulations: and it is at the pleasure of the City Council whether or not this should be granted. Mrs. JaCkson moved to grant this request~ and in the ~uture conside~ having one of the holidays in Oetober moved to the Friday after Thanksgiving to give the advantage of a long weekend, seconded by M~. Archie. Motion carried 5-0. Consider making Counter O~fer to Department of Transportaticn for City P~operty Mr. Ki!lgore stated that the State proposal ~or City owned property required by the Department of Transpo~tetion is $47~200~ our appraisal is $50~ 000. He agrees with the City Attorney that a counter offer of $48~ 500 would be appropriate. Mr. Archie moved to authOrize the City Attorney to make the counter of- fer, seconded by Mrs. Jackson. Motion carried 5-0. -9- MKrNUTES REGULA~ Ci~Y COUNCIL MEETING NOVEMBER 21, 1972 Approval of Bills Florida League of Cities Membership - 11/1/72 Gene Moore~ City Attorney (Glo,dane Case) I~R00.00 250.00 M~s. Jackson asked that the bill of the Florida Leauue of Cities be tabled until the new Council comes in because only two members of the present Council w~]l. be on the Council next yea~. M~. Are_hie did not agree with letting a new Council decide whether to belong to the Florida League of Cities. He stated that he has worked with the Florida League for 8 years~ Fir. Moo~e for 13 years. He feels that the Palm Beach County League is useless. Any City l~unager that he has worked with has used the Florida League to the utmost i If the Council does not join~ it will ve~ seriously miss the help for $100 a mo~th. He is surprised to hea~ that Mrs. Jao]~son ~s opposed to it. Mrs. Jackson stated that you can get the same service fro~ the Palm Beach County League. Mayor Effron stated that the Florida League is a wonderful organiza- tion. As far as rate study is - all you have to do is pick up the telephone, and they can give you the rates of all the municipalities in the State. And if you attend the convention it gives you an oppor- tunity to exchange ideas and find out how other municipalities handle certain problems. Mr. Roberts stated that he is in favor of continuing membership. Mr. Killgore stated that it is a most effective tool. Each year they becOme more and more important to us. Mr. Roberts moved to continue membership in the Florida League of Cities, seconded by Fir. Archie. Motion carried 4-1. Firs. Jackson voted ~no~. Mr. Archie moved to pay the City Attorney~ seconded by Mr. Blanchette. Motion ca~ried 5-0. OTHER Mayor Eff~on ~ead the letter of resiunation, dated November 21~ 1972: ~rom Mr. Killgore~ City Manager, effective Dee. 5~ 1972. Mrs. Jackson moved to accept Mr. Kittgore~s ~esignation effective mediately, pay him three wee-ks severance pay~ and pay him for the next two weeks: and let him get his affairs in o~der~ motion died for lack of second. -10- M//k~dTES REGU ~LAR CItY COU~CIL MEETING NOVEMBP~R 219 1972 Mayor Effron stated that he has been here 11 years, and in his opin- ion~ Mm. Y~illgore is the finest City Manager this City has ever had. Every program that he instigated, z~gard!ess Of youm fee]~ngs~ there was a lot of hard effor4i and thought put beb/nd it. The 14ayor quested that Mm. Kiltgore be paid D weeks vacation~ 1 month severance pay, and accept his resignation effective Dec~-f0er 5. Mr. Roberts moved to honor Mr. ~*llgore~s ~esignation as recon~ended by the Mayor~ seconded by Mr. Blan0hette~ Motion csmrled 4-1. Mrs. Jackson voted '~no'~. Mrs. Jaeksen then questioned whether or not a date has been set for the Board Dinner. Mayor Eff~o~ asked Fk~s. Padgett to proceed with plans fora the Annual Board Dinner. Meet~n~ adjourned at 9:~0 P. M. ATTEST: C~TY OF BOYNTON BEACH, FLORIDA Robert B. E~fron~~ ~ayor ' Councilman David Roberts: Counci/man