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Minutes 10-17-72MINUTES OF THE REGULAR CITY COthNCIL ~ETING HELD AT CITY HALL, BOYNTON BEACH~ FLORIDA~ OCTOBER 17~ 1972 AT 7:30 Po M. t{ober~ B. Effron~ Mayor Mrs. Emily M. Jackson~ Vice Mayor John L. Arable, Councilman Harold B!anehette~ Councilman David Rober~s~ Councilman Travis E. Killgore, City Manager Mrs. Tereesa Padgett, City Clerk Gene Moore, City Attorney ~L~yor Effron called the meeting to order at 7:31 P. M. The ir~ocation was given by Rev. Paul E. Brunner~ First Baptist Church, followed by the Flag Salute led by Dick Carden, General Services Dir- ector. Mayor Effronstated that it is an honor to have a young /ad in the audience who has been receiving sc~e well deserved publicity. He asked Jeff Hurt to stand. Me is one of two young lads who pulled two people from the airplane that crashed in Deerfietd Beach. The Mayor read a portion of the newspaper article: and told Jeff he would be presented a plaque at a later date. Jeff received a standing ova- tion. P~esentation of Plaque to Mr. Byron Liggett Mayor Effron reported that at a later date Byron Liggett will be pre- sentedwith a plaque for his fair and impartial newspaper reporting while serving the City of BoyntonBeach. Byron has taken a position with the Florida Plood Control: and could not be here tonight. ~/lnouncements Mayor Effron announced that there will he a Special Meeting on Octo- ber 19th at 7:30 P. M. for a Public Hearing on the Proposed Zoning O~dinance: and Proposed Zoning Map. Also, a Special Meetingwill be held on October 2$th at 7:30 P. M. for a Public Hearin9 on the Proposed Annexation of Palmlend Corporation (Charter World). Proe!amation - International Zonta Week Mayor Effron read the Proclamation designating the Week of November 5 to November 11 Zonta International Week. Mrs. Jackson introduced Jeff's mother~ Mrs. Hurt~ who is a member of the County Land Use Advisory Board. J/mO'Meara expressed his appreciation to the Council members ~or at- tending the Chamber of Commerce Installation Banquet. He feels that BoyntonBeach is a wonderful p/ace to live: and is pleased with the effort put ~orthbytheCouneil in behalf of the Chamber of Commerce. MINUTES REGGLAR CITY COUNCIL MEETING OCTOBER 17~ 1972 MINU~ES - Regular Meeting, October 3, 1972 Mr. B!anehette moved that the minutes of October 5 be accepted as w~it- ten~ seconded by Mr. A~chie. Motion carried 4-0. Mr. Roberts abstained since he was not present at this meeting. P~BLIC AHDIENCE R. B. Vastine, asked to speak on Item IXB. He would also like to make two appeals. One life lost at an intersection is too many. A resident of Leisureville~ who had been here just 6 days, was killed at West Ocean Dr. and Congress Avenue. It is a very dangerous intersectio~ and there have been numerous accidents there. He asked that a study be made to see exactly what the traffic pattern is. Also, it is nee- essary for bicycle rider, s to ride on Ocean Drive to the Shopping Cen- te~. Side~wa~s~, a~e definitely necessary. He asked that Council give eonside~a~'o~ ~O these two items. This can he handled adm*~tratively by Mr. Kitlgore. Albert Wehrell as~ to speak on Resolution No. 72-Z. Victoria CaStello s~ated that she sat in the audience on Septembe. r 5th when the dates ~o~~, b,h~ Public Hearings on the Zoning Map and Ordinance and th.e request f~ ~exa~ion were discussed. She read the notice pertaining to the 0h~ober tgth meeting on the proposed Zoning M. ap and Zoning Ordinanc~ She as. ked for an explanation as to why zt was written.up as a.Speaial Meeting to consi, der the adoption of the map and ordmnance~ instead of a Public Hearing. Mr. Moore stated that Council could have voted on this without another Public Hearing. Mayor Effron stated that two Public Hearings were held on the Zoning regulations and two were held on the Zoning Map back in January or February. Mrs. Castello stated that she went to the office of the City M~ger and tried to get a copy of the zoning ordinance and was not able to get one. She also stated that ~ hearings can discourage people. She then read a portion of the notice pertaining to the October 24th meet- ing on Charter World. She asked why it is written up as a Special Meeting to consider the adoption of an Ordinance, when it was stated as a Public Hearing when the meeting date was set. Mayor Effron clarified that the only reason there were fou~ Public Hearings was because the City was split into two halves. The north was heard one night~ the south another night. Mrs. Castello then questioned why the meeting with the Consultants was set for November 14 after the Hearing on the Map and Ordinance. -2- MI~EFfES REGULAR CItY COUNCIL ~ETING OCTOBER l?, 1972 .P.~LIC AUDIENCE, ~o~.~'d, Ma..yor Eff~on stated ~hat if You will check back in the ~utes you will find that the Ci~y. Manage~ g~a~.e us a report, and this Council voted 4-1 to proceed with the PUblic Hearing~ ? P~oposed Zoning Map and Regulations. The reas0~ for anothem P~blie Hearing was be. use the original heaz~ings were so tong ago. We did Say that we wotuld take all objections into consideration, and we have not done this yet. She questioned the Public Hearing on Palmland Annexation before hear- ing from the Consultants. Mr. Moore stated that M~s. Castello seems to be confused. The Council is trying to solve the immediate problem of updating the zoning o~din- ance and zoning map Of the City. Mrs. Castello stated that she is not confused~ but only questions why her elected officials would do it this way. Mrs. Jackson brought out that this has only been advertm~ed in the d ' legal a vertlsement~ and have not had any publicity on this. Mayor Effron stated that the press gets this information~ we cannot force them to write their copy. Robert Beyrer, President of United Civic League and Sterling Village Senior Citizens, stated that Fn2s. Castello has raised some interesting points. When this map was d~awn up, the fear was not density, it was high rises. All the people that attended these heamings were satis- fied with the fa~ that the City would not have high rises because of the 45' heigh~ limit. We are now faced with the density problems. In the best interest of the City we should hold up any action whatso- ever on a map that would create a density as proposed of 100, 000 people, and give consideration to what the Consultants say. He ~ ther refer~ed to the ~hortage of electricity and possible shortage of water and sewer service. Ken Hall, 110 S. E. 2nd Avenue, stated that the Zoning Ordinance and Map and the Charter World Annexation has not really been given the professional aid of a City Planner. He does not see how the City's best interest can be sex,;ed by approving a zoning olw~nance no one has had a chance to look at, and really has not decided what we are going to do with out-lying areas. ~ne Council should give considera- tion to not voting at these two Special Meetings until you have the services of our technical consultants. Re-Roofing and Roof ghea~ Repairs - Wilson Recreation Center Ph?. Killgore reported two bids were received: Modern Roofing $ 1, 991.00 + $ 14.00 per carpenter hour Nylund Roofing 1, 910.00 + 15. O0 ~' ~ '~ (Mr. K~]lgore estimated approximately 16 hours for carpenter) MINU~ES REGULAR CITY COLLNCIL MEETING OCTOBER 17, 1972 BIDS, cont'd. Mr. Killgore recommended the bid from Nylund Roofing he accepted. Mrs. Jackson moved that the hid of $1,910 from NylundRoofing be ac- cepted: seconded by Mr. Archie. Motion cax~ied 5-0. Ordnance No, 72-30 - Establishing Refuse Rates Mr. Moore read Ord..No. 72-30. Mr. Archie moved to adopt O~d. ~72-30 on second and final reading, seconded by Mr. Blanehette. Motion tied 3-2. Mrs. Jackson and Mr. Roberts voted ~no~. O~dinance No. 72-31 - Beach Parking Mr. Moore read Ord. No. 72-31 in its entirety. Mr. Archie moved that Ord. ~72-31 be passed from ~irst to second reading, seconded by Mrs. Jackson. Mrs. Jackson asked that the rates be explained to the audience. Mr. Killgore explained that automobiles, motorseooters~ motor bikes and motorcycles will pay a daily pa~king fee of $2.00. Buses, t~ucks and other motor vehicles not included in Class 1 will pay $10.00 for park- ing. He explained that all residents and/or property owners of the City of Boynton Beach'will be issued a pa~king sticker at no charge, and also temporary permits are available. Mr. Vastine asked how a person would have proper identification if they own property~ but only live here in the winter? Mr. Killgore stated there would be a record of this in City Hall. Mayor Effron stated that a question has come up with regard to campers and what class it would be included in. Mr. Killgore answered Class II Mr. Moore pointed out that these rules and regulations can be amended as needed from time to time. We have no police powers in Ocean Ridge and maybe after a trial period we can get a feel of what degree this is. Motion carried Resolution No. 72-Y - Amend/rig Resolution No. 72-A Moore stated this was not completed. Mrs. Jackson moved to table this Resolution~ seconded by Mr. Archie. Motion carried 5-0. -4- REGULAR CITY COUNCIL MEETING OCTOBER 17, 1972 LEGALs cont t d. Resolution No. 7~-Z - Amending-ut to Civil Service Rules & Reg~lations~ M~. Moore read Res. No. 72-Z. Pi~. Archie moved to adopt ~es. ~72-Z, seconded by M~. Bl~nchette. Motion caz~ed 5-0. Other Mr. Moore stated that a developer (Acacia) around $. W. 3~d and 5th Avenue and S. W. tst St., has a problem with a prior owner whioh had given 10' utility easement in a Quit claim deed. This is normally done by an easement g~ant. It has caused some title p~oblems, and he has requested we alleviate this with a Quit claim deed end he wilt in turn give us an easement g~ant. The City I,L~nager and City Engineer concur with the request. Authority would need to be given to the Mayor and City Clerk to execote the quit claim deed. Mr. Arohie moved that the request be g~anted~ and the Mayom and City Clerk be authorized to sign the q~it claim deed, seconded by Fn~. Blanohette. Motion carried 5-0. OLD BUSINESS Selection of Architect for New Library Mr. Archie stated he does not see why an architect is needed yet. We can hire an architect if the bond issue passes. ~L~yor Eff~on asked Fa. Killgoz~ i~ this would jeopardize any state or federal funds. M~. Killgore answered nos it would not. Mr. Archie stated that the Library Consultant ~uld be needed, however, to set up the bond issue. M~. Archie moved that the Cou/%cil not hi~e an a~chitect prior to the referendum~ seconded by Mrs. Jackson. Mayor E~fron stated that this is a very important p~ojeot. We had placed $100, 000 in the budget, and then decided to go with a referen- dum. A lot of times an architect's rendering of a b,,~lding of this type will help a referendum. Mrs. Farace and the F~iends of the Library can possibly p~epare to answer any questions from people about the referendum. Mr. Killgore also asked for a decision on the amount of the refe~en- dum~ and the method of repayment, Motion taxied 5-0. -5- MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 17, 1972 OLD BUSINESS~ cont'd. Mr. Archie moved that the City Attorney be instructed that the amount of the General Obligation Bond Issue be limited to $250:000 to be paid back in 20 years m~ximum, seconded by Mr. Blanehette. Motion ca~ried 5-0. This is with the understanding that if we get matching f~nds we would only sell $125~ 000 in Bonds. ~e Amendments final decision on the proposed referendum members of the Civil Service Appeals Board. the overall ChaUcer as a referendum item this year. Advertl.ement for Bids on the Current Sewer Expansion Project Mr. Kiltgore st, atDd that he had a.telephone conversation with Jack Wiitingham, a~: 0u~ chances o.f being awarded a g~ant are very slim. Other prOjects had higher priority. He feels that we have. lost the ~ant. He ~ecOnm~ends proceeding with the project and, prior to award- ing the bids~ we can make a last minute attempt to see i~ the money is available. M~. Archie suggested an addendum to the bid for an extra $!00:000 for another section or two. Mr. Archie moved that the Consulting Engineers~ Russell & Axon, be in- structed to go out for bid on the Sewer Program for the basic bid of $1~000,000 with at least two addenda at $100,000 each, especially for Section 5: A~ B & C along the Highway and Lake Boynton Estates, seconded by Mrs. Jackson. Mrs. Jackson asked i~ her questions regarding the capacity of the sewer plsnt: the present status~ and h~ many more hookups can be put on have been answered. Mr. Killgore stated that it is an impossible request to get in a few days. This request for sewer study will indicate that particular thing. He has asked for a reading on water and sewer plant and it is not ready yet. As far as the capacity of the sewer plant~ many thin~s are involved~ one is infiltration. Mrs. Jackson reported the information given to her by Larry Lukin, Health Dept., commenting on our capacity of 3.~ M.G.D. and current hydraulic load of approximately ~.2 Mr. Killgore stated he is m~uking assumptions he is not qualified to make. He fuz~cher stated that the alarm that has been put out by the State and the Health Dept. is unealled for, and irresponsible in ev- er~ respect~ in his opinion. -6- MINUTES REGULA~ C/~Y COUNCIL MEETING OCTOBER 17, 1972 OLD BUSINESS: cont'd. Mayor Eff~on stated he would still like to follow up with letters to Congressman Rogers and Senator Gurney and Senatc~ Chiles, and he urged the residents to w~ite letters too: and urge them to assist us in getting a g~ant. Motion carried 5-0. IYEW BHSINESS Establish Policy on Reimbursement of Sewer Service Charge i~. Killgore stated that he reviewed Chapter 25-A of the Code. He would like Council to confirm the policy in order that adjustments can be made concerning individual cases in order to correct the ac- counts of the p~operty owners affected. You eannot have a general policy that applies to ever~ case~ because you have to know the situation that exists at that property. Mr. Moore reminded the Council that there were cases where refunds were not/indicated~ and each instance would have to be checked out. Mr. Arehie moved to allow the City Manager and City Attorney the latitude to handle this~ based on this p~oposed policy on a case by case basis, seconded by Mrs. Jaekson~ Motion carried 5-0. Request of R. E. Fields~ Jr. - Radio Antenna System~ 1891 N. Seac~est Blvd. Mr. Killgore recommended authority be granted for the installation of the 150 f~c. receiving and transmitting radio and antenna system in accordance with Sec. 31-12 of the Code. ~. Archie moved that the request be g~anted, seconded by Mr. Btan- ehette. Motion carried 5-0. Request for T. V. Antenna System - Town Tavern Mr. Kitlgore recommends the appr=val to Lnstall a T. V. Antenna 55 ft. in height to pick up football g~mes. Mr. Archie moved that the request be granted, seconded by Mr. Blan- chette. Motion carried 5-0. Voc-Tech School Property - Consider Deed to Palm Beach County School Board Mr. tCillgore stated that the Board of Public Instruction is going to proceed with the Voc-Tech School and the City has not yet given them a deed for the 20 acres that was approved for transfer to the School Board. -7- ~kINUTES REGULAR CITY COLkNCIL MEETING OCTOBER 17, 1972 NEW BUSINESS~ eont'd. Mr. Archie moved that the Mayor and City Clerk be authorized to sign the deed: seconded by Mm. Blanehette. Motion ea~rled 5-0. ADMINISTRATIVE Authorization to Accept Department of Transportation Awamds Mr. ](il!gore stated that the apprais, als concerning 1-95 Right of Way at the Sewer Plant land the Police Pistol Range are considered to be fair. He Decommends approval. ~M~.. Archie moved t~at the appraisals be approved and the Mayor and City Clerk b? authorized to sign the documents, seconded-byM_~. B!an- chette. Motmon ca~ried 5-0. Clarification of Section2-26(B) of the Code Mr. XJ]lgore stated that he does not agree with the ~equirements set for~h~ that all appointments and removals should be subject to the approval of the City Council. He feels that the City Council should consider an amendment of this Section of the Code. He also requested approval of the action taken on September 7 concerning the dismissal. Mrs. Jackson stated that the whole country is based on checks and balances. She cannot see an appointed person to have this power. The only place this is done is countries where they don't have free elections and people don't represent them. She is very much opposed to it. Mr. Arehie agreed with Mrs. Jackson and noted in compliance with the Code Mr. Killgore is asking for approval of the action taken on Sep- tember 7~ in regard to the dismissal, and felt the Council should uphold him on this dismissal~ but all the rest of the request could be t~alked about at some future time. Mr. Roberts moved to approve the action taken by the City Manager on September 7 regarding the dismissal only~ seconded by Mr. Archie. Ernest Giordano stated that his appeal is pending before the Civil Service Board and he feels this would be a violation of his right if this was voted on tonight. Mrs. Jackson moved that the item be tabled: seconded by Mr. Roberts. Motion failed 2-5. Mr. Arehie reStated the previous motion to approve o~ the action taken by the City Manager regarding the dismissal of Officer Giordano, sec- onded by Mr. Blanchette. Motion carried 4-1. Mn~s. Jackson voted ~no~. -8- MINUTES REGULAR CItY COUNCIL MEETING OCTOBER 17, 1972 ADMVNISTRATIVE~ cont'd. Consider ApprovingChangeorder - Extension of Drainage on N. W. 4th St. and N. W. 5th Ave. Mr. Ki!lgo~e stated that a proposal for changeorder was received from Belvedere Consto of M~. Archie moved that the request for changeo~der be g~anted~ seconded by M~. Blanchette. Motion carried 5-0. Application for Pezmit to Solicit - League of Women Voters of South Palm Beaeh County_ Mr. At,hie moved that the request be g~anted, seconded by Mrs. Jackson. Motion carried 5-0. Approval of Bills Hardrives, Inc. Allen Insurance Agency $ 6~888.00 47,844.00 Mr. Killgore recommer~ed approval. M~s. Jackson moved that the bills be paid, seconded by Mr. Archie. Motion carried 5-0. OTHER Mayor Effron read letters of resignation from Rev. John White and Joseph DeLong: members of the Cha~te~Revision commission. The Mayor recommended that the Council members who recommended these two come forward at the next meeting with another recommendation. Mrs. Jackson brought up that the Cha~ter states that the Judge must be appointed on the first Monday in January. The first Monday is on New Years Day. Pit. Archie suggested getting a ruling from the Attorney General. Mr. Moore stated that it is hard to get rulings from the Attorney General, but he will make an attempt. He feels it should be done on the first Monday. Mr. Archie suggested checking into the possibility of a tennis wall on the east side of the handball courts before Mr. Hemminger finishes the work. Mayor EfFron pointed out that there is a reverter clause on the old Po/ice Station, and we should not allow those buildings and grounds to he used fo~ anything other than City use. -9- MINUTES REGULAR C~TY COUNCIL MEETING OCTOBER t7, !972 ADJOUPdNMENT Mrs. Jackson moved to adjourn, seconded b~ M~. A~e. Meeting adjourned at 9:15 P. M. CITY OF BOYNTON BEACH, FLGRIDA Robert B. David Robe=ts~ Councilman -10~