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Minutes 09-19-72MI~NdTES OF REeLeR CITY COUNCIL ~E~ HELD IN CITY H~LL~ BOYNTON BEACH, FLORIDA, SEPTEMBER 19, 1972, ~T 7:D0 P. M. P~SE~: Robe~c B. Effron, Mayor M=s. Emily Jackson, Vice Mayor John L. Arehie, Councilman Harold B~auehette, Councilman David Robe~ts~ Councilman William Sul/ivan, Acting City Manager Fn~s. Cal!ie Clanton, De~ City Clerk Gene Moore, City Attorney Fa%yor Effron called the meeting to order at 7:D1 P. M. The Invoeat-ion was given by Rev. Donald Connolty, PastOr, St. Thomas More Paz~ish, ~ol/~ by the Flag Salute led by Robert La~ent, City Planner. Jim O'Meara announced that tor~ght is a very pleasant first for Boston Beach. T~is is the first tS~ne~ ~der the direction of Bill Marks, TelePrompter w~!l telecast tb~s entire meeting. It will be shown to- moz~ow ni_~ht on C~el 8. There are 5,000 people already hooked up. He and b~s Associate Director express thanks to the Mayor and City Council ~or allowing u~ to come in hem and be the first TelePrompter show in Boynton Beach. Mayor Effron announced, that Sgt. Ed Sullivan joined the Boyr~con Beach Police Depa~-Lnmnt in April 1961 as a Patrolm~%u. He ~s been promoted to the rank of Sargent. He will retire on Septe~r 29th. ~ne Mayo~ thanked him for his past sea-vices. He is the fimst Police Officer to retire from the Police Department. John Archie then stated that he has been a me, er of the Chanfoer for about 16 or 17 yea~s. He has seen Managers come and go. Not takin~ anything away f/~xa the Boa~ of Directors he would like to say that oum present Cheer of Commerce Manager has done more for the City of Boynton Beaeh~ not only as a manager, but as a m~un of the He deserves a round of applause. The applause was ~ven. Mayor Effron introduced the Council. MINUTES Re9%ular Meeting - September 5~ 1972 M~s. Jackson moved t~t the minutes of Septenfoer 5 be approved as writ- ten, seconded by MI~. Arehie. Motion taxied 5-0. -1- MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 1972 .M,~, cent ~d. Special Meeting - September 1!, 1972 On Page 2, Paragraph 4, ~s. Jackson would like to include that she sec- onded the motion after handing the gavel to Mr. Roberts. Mr. Robe~ts moved that the minutes of September 11 be approved as cor- rected, seconded by Mr. Archie. Motion carried 4-0. Mayor Effron ab- stained. PUBLIC AUDIENCE Ezell Hester, 1106 N. W. 1st St., stated that he reads the newspaper and attends some of the Council meetings~ and it really hurts to see how the mature Council is actin~ like children. The Council was elected by the entire City, not just the senior citizens. It has been ddscussed about raising the taxes. According to the paper Mrs. Jackson says when she gets her commissioners in she is going to oust Mr. Killgore. She voted for h/m, and it was a unanimous vote. The reason she is talking about oust/rig Mr. Kil!gore is because he is duing a professional job. We had a professional Chief of Police, Mr. Btount, but this City does not want He is surprised to hear all this crying about raising taxes and We ought to make these water rates right, you are diser/minating against the hc~eowners. Sterling V/tlage apartments only have one meter. The water he uses is no different than the water condo- mnmums use~_ .We_~ho~ld put ~nto.operation what your professionals said yo~ need. This Cmty has been goxng backward long enough. Mrs. Jackson stated that she never made that statement. Barbara Parkhurst, President of the Women's League of Voters of South Pa.lm Beach County, Stated th. at they will conduct a vOter ~egistration driv~ in Boynton Beach, Friday atnd Saturday. They will only be regis- tering for.County, State, and Federal elections. Since Boynton has a dual regmstration she requested that they be deputized to take regis- tra~ion for Boynton City elections, at the same t/me. Mayor Effron Stated that this has bean tried in the past, and it has not worked out too well. Mrs. Clanton confimed this. Mr. Moore also stated that it has not worked out in the past. Mrs. Parkhurst stated that they are a service type group, and would l~ke to help out any t/me they can. M~s. Jackson suggested that Mrs. Parkhurst suggest to the people to also come into City Hall and register ~or the City of Boynton Beach. -2- MINUTES REGULAR CITY CfXLR~IL MEETING SEPTEMBER 19, 197~ P~BLIC AU~_IENCE, cont'd. Mr. Beyrer asked Mr. Hester to take a look at the other side of the coin. Would Mr. Hester refuse to have any of Sterling Village taxes go to pave lOth Avenue? None of our taxes come back to pave streets · n Sterling Village. Our taxes pay for your city lights, drainage and other benefits and the condomuiniums receive nothing back ~n tLtrn. In addition, he pointed out that they are not crying for low taxes for themselves, but for the entire City of Boynton Beach. Vernon T. hompson, 208 N. E. lOth Avenue, asked for information about the fewer lin.e~.. Fo~ the past 6 months he has talked to different People, he would like to know when. we are going to get mateh/ng funds fr°m the Federal ~ove~nment. What is the intention of council? Mayor Effron Senator Gun%e5 back from HUD were that Federal gove~ yet. ve~sation, this ble we go out for the and , and the answers from the let~cer with a eon- is still going to push lines it ~s possi- be able to Mr. Archie stated that if we don't get the g~ant, he is willing to go without it. Mayor Effron stated that if we go th/s rou~e, we will have to redesign. Mrs. Costello asked Mr. Beyrer to repeat what he said about the 1966 revenue bonds. Mr. Beyrer stated that in 1966 there was a meeting held in these Cham- bers. There was a ~?epresentative of Bache & Co. and also our Finan- cial Agent. This lady, Fins. Costello, asked Russell & Axon whether or not multiple dwelling rate was approved by the engineers. She got the answer of yes. Mrs. Costello stated that we had the sewer rates for the multiple dwelling, and were not getting enough revenue. We had to raise the sewer rates for the multiple dwet~/ng. We were crivinq too much to the multiple unit, we are exPer~/encing it agairn R. H. Ramsey asked to speak on Item VIII, B. Lee Menner of Delray Beach, asked Go speak on Item VII~, B. MINUTES REGULAR C~Y COUNCIL MEETING SEPTEMBER 19, 1972 PQBLIC HEARING 8:00 P. M. Assessment Roi! (Paving & D~Bage - A portion of N. E. 7th Street) Mrs. Jackson referred to the minutes of last July in which Mr. Archie made a motion, and it was caz~ied 5-0 that drainage be put on a 50-50 basis between 7th and 8th Argues, and the remaining portion .to 10 Av_en~e be put in the b%E~get for next yea~. Mrs. Brinkman ~s :not between 7th a~.d 8~h Avenue, Her name ~hould not be on the roll. The s~reet was raised between 7th and 8th, but than it went down. Mr. Cla~k stated that his measurements were based on the extant of the new pavement. It is paved in fz~t of bbs. Brinkman' s. Mayo~ Effron asked i~ there was any one wishing to object to the assess- ment roll. .Sta~. le~..We_aver, o..ne of the property owners in the area, requested this to oe cone, but fi~ds himself in the position of having to object to certain portions ~ it. T. he water and sewer lines were not put in before this street was humlt. In the instance of his brother's prope~ty, in July we requested to be given credit for the amount of fill we had already put on the roadway. We were not given credit. He feels that the cost for the drainage pipes that had to he put in because the other properties have n~t been raised to ~uy level to keep the water off should not he home by the total cost of this assessment. Mrs. JaCkson agai~ refer~ed to the minutes of July 20, 1971. Ron Eklund represented his brother and two sisters. He objected to the cost of pavin~ 7th Street. Before, when they were assessed for 125' frontage~ it came to ~500 - now for 150' frontage it comes to $2,100. He asked for an explanation of why this increase in cost. Mr. Moore stated that this was discussed at the Public Hearing. It we~ out for competitive bid, and this wast_he bid that came in. Mr. Eklund stated that maybe they should have objected earlier~ but this does not seem reasonable. In the ~uture the City should possibly have more bids. Anna Crowe, Mr. Eklund's sister, asked who requested this, and for ~,~at purpose was it paved? Mr. Stroshei~ and Mr. Lewis was the original request. Mrs. Crowe requested copies of the minutes Mrs. Jackson referred to and any figures the engineers have on 7th Street. She would like an explan- ation of the exorbitant fee. -4- MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 19s 1972 PUBLIC HEARING, cont'd. Mayor Effron explained that the bids are reViewed by the Purchasing Departments and accepted by Co~ncil: based on the recommendation of the Purchasing Agent and the City Manager. Hrs. Crowe asked if the~e is any particular reason for the paving of N. E. 7th St-0eet~ a dead end street? It certainly would not help the City of Boynt~n Beach. Mr. Moore stated that the~e were a number o~ lots that were cut off from any access. The majority of all the p~operty owners in the area requested this be done~ and agu2eed to their p~o ~ata share of the cost of the extensio~ of N. E. 7th Street. Rose Marcellino stated that the road has been built, and the drainage has not -een t~ en care of. There is a drainage ditch blocked up on her lot, and the water is running on to her lot. M~. Clark stated that there is supposed to he a culvert there, and if it is not there the contractor is obliged to put it in. Mark Brinkm~n stated that the lady that spoke previously said that it 'is a dead end street, but the street curves around. If an acc/dent happens this is the only way for an ambulance to get through. If the streets are not paved properly another accident can happen~ M~s. Jackson stated that the fact is that this was to be raised between 7th and 8th Avenues. Mrs. Brinkman owns Lots 46 and 47, Block 4. She is between 8th and 9th Avenues. The road was not raised in front of her house. Mr. Hopkins stated that this is a natural drainage area, and possibly would be taken care of at a future date. Mm. Blanchette asked Mm. Hopkins about the sewer lines that Mr. Weaver mentioned. Mr. Hopkins stated that the engineers have indicated that the sewer will come in from the east side of the street, and will not disturb the street. Mr. Moore read Ord. ~o. 72-27. Mms. Jackson moved to table it until the Council has a chance to go through all the minutes of last year~s meetings to see if this was what we voted for~ motion died for lack of second. Mrs. Cmowe asked if all property owners received notice of the meeting of July 6, 19717 M~. Moore stated that it is not neeessa~ys all that is required is that it be advertised. MINUTES REGULAR CITY COUNCIL ~-TING SEPTEmbER 19, 1972 ~PUBLICHEARING~ cont'd. Mm. Archie moved that Ord. No. 72-27 be passed on f/~st to second read- ing~ seconded by Mr. Blanchette. Nfs. Jackson questioned the estimated cost in Res. 7I-D of $13~770 and the bill of $207000. Mayor Effron stated that that was the bid. Mr. Roberts stated he would abstain from voting. Then Mr. MooTe pointed out that it is a violation to abstainunless you have a personal inter- est. Mr. Roberts than decided to vote in favor of the motion. Motion cart/ed 4-1. Mrs. Jackson voted ~no'~. PUBL%CA~DIE_NCE, cont'd. Harry LeForte, 2152 N. E. 1st Way, suggested Fir. Hester go back over the records, and see when Sterling Village was built. Those are the ones responsible for the rates of water and sewer. F. C. Van Deusen asked these questions: When contractors breakup the road~ how long do they have to fix it? Do they have a certain time to cut grass on eertainlots~ N. E. 22nd Avenue between 1st Ct.? Would it be possible to have ~'no dumping~' signs put on these lots? Ymyor Ef~ron answered these questions. LEGAL Ordinance No. There is a final inspection on the streets, then they are fixed. They have stepped up the mowing schedule, and they should be getting to these lots. Contact the Public Works Department about the "no dumping~' signs. 72-19 - Conditional use - Church - Rev. Sylvester Wright Mr. Moore read Ord. ~72-t9. Mr. Archie moved that Ord. ~72-t9 he adopted on second and final reading: seconded by Mrs. Jackson. Motion carried 5-0. Resolution No. 72-T - Annexatio_~ P~ocedures (On t_he table) Mrs. Jackson requested that this item remaLn on the table because she has not had a chance to talk with Mr. Ell!gore. No objections. mained on the table. -6- I~INUTES REGULAR CITY COU/~CIL MEETING SEPTEmbER 19~ 1972 LEGAL, cont'd. Resolution No. 72-U - Authorizatio~ Signatures with Federal Reserve Bank of Atlanta (On the table) Mr. Blanchette moved that the item be taken off the table, seconded by Mrs. Jackson. Motion carTied 5-0. Mrs. Jackson stated that she spoke to Mr. A_~tz: and he gave her Circu- ]a~ ~20, She talked to a banker, and he said that it was amended on April 22, 1971. She suggested that it be tabled until we find out what the ~unendment was. Mr. Moore stated that he has the latest amendment. Mrs. Jackson moved to table this item until she gets the information, seconded by Mr. Archie. Motion carried 5-0. Resolution No. 72-W - App~ovat ofS_a._la_ry- Schedule Mayor Effron read a letter from William Su]]%van regarding the wage freeze. Mr. Moore re~d P~s. No. 72-W. M~. Archie moved to adopt Res. ~72-W, seconded by Mr. Blanchette. Motion camried 5-2. Mr. Roberts is against the 22.2% ir~rease of the City Manager~ so he voted ~*no~'. Mrs. Jackson also voted ~'no~. OLD BHSIhU~SS Adoption of 1972-7~ Budget, and setting the Millage - Also consider a change in the Ordinance setting rates and charges for Refuse Service Mayor Effron noticed that while he was gone the budget ended up with a 2-2 vote. This is a serious thing. It is our duty and he expects ac- tion on this tonight. Mrs. Jackson referred to the minutes of January 20, 1969, and stated that at the same t/me the City Attorney should have advl~ed the Council that it should have been turned back to the second Monday in August. Mr. Moore told Mrs. Jackson if she had checked it all, she would have found that the Legislature refused to pass that amendment. Mr. Moore read Ord. No. 72-2'~ Mr. Archie moved that Ord. ~72-2~as recommended by the City Manager be passed on first reading, seconded by Mr. Blanchette. Motion carried 3-2. Mir. Roberts and Mrs. Jackson voted Mr. Moore read Ord. No. 72-~ setting the millage. Mr. Blanchette moved that Ord. ~72-.~ be passed on first reading~ seconded by Mr. Archie. -7- MINUTES REGULAR CA'£Y COUNCIL MEETING SEPTEMBER 195 1972 OLD BUSINESS, cont'd. Mrs. Jackson stated that she feels that the taxes could have come down, but thms ms a very unrealistic budget: and it is not necessary for the garbage rates to go up. Motion carried 5-2. Mr. Roberts and ¥~s. Jackson voted ';no~'. Mr. Moore suggested approving the garbage rates at this time, and then prepare a resolution. Mr. Archie moved to increase the garbage rates as recommended by the City Manager, seconded by Mr. Blanchette. Motion carried 3-2. M~. Robe~cs and Mrs. Jackson voted Establish date for Public Hearing on Proposed General Development Plan and consider corrections o~ brochure after Council review (On the table~ Mrs. Jackson moved to take this item off the table, seconded by Mr. Archie. Motion carried 5-0. Council agreed on November 14th at 7:30 P. M. for the Hearing. P~CESS at 9:05 P. M. NEW BLL$INESS Request from Boynton Beach Jay Cees - Turkey Shoot Mr. Amchie moved that the request be granted, sgconded by Mrs. JacksonJ Motion carried 5-0. Receipt of Petition - Re So E. 26th Avenue Mr. Sullivan read Mr. Killgore's letter as requested by Mrs. Jackson. Mr. Ramsey stated that this property was bought with the understanding that it would be a cut de sac, and not a through street. It will create a safety hazard: especially with the ambulances going to the Hospital. Mr. Ramsey fuzVcher stated that Mr. Killgore does not believe in cul de sacs. There are many eul de sacs in Boyrfcon Beach, in Lake Ida and Chapel Hill. The people in the area feel that it should be a cul de Mr. Archie stated that there are cut de sacs in Lake Ida and Chapel Hill because there is water. He then stated that Council has gone over this at 5 meetings, and voted previously on this. The sewer is inand the road bid has been awarded. -8- MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 1972 .NEW BUSINESS, con_t.'d. Mayor Effron pointed out that this is actually just receipt of the petition. Lee Menner, represented Mr. Kelly of Peninsular Properties, and read a tette~ fr~m Mr. Kelly requesting the cul de sac be reta/ned. Mr. Archie moved to accept the petition, and make it part of the utes, seconded by Mr. Blanchette. Motion ca.fed ~-2. Mr. Roberts and M~s. Jackson voted '~no". Mr. Ramsey asked Mr. Archie i~ it wasn't a conflict of interest to vote on this. Mr. A~chie ~nswered that it was not. Ent~anc. e. Walls and Signs for Pine Point Villas The C. ity Ma~a_ ger's recommendation was to approve the drawing~i Mr. Archfe moved to a~gept th.e City Manager's rac~mmendation~ se6onded by Mm. Roberts. Moti°n eaz~ied 5-0. Approval of P~el' .~m~azy Plat of Rolling Green Ridge, S~d Addition Archie moved to approve t~ Preliminary Plat of Rolling Green Ridge, Additions seconded by Mr. Blanchette. Motion ca, tied 5-0. ApprOval of West Half of Block 54, Boynton Ridge ~his was approved by the Planning & Zoning Board. Mr. La, gent concums with the replat. Mr. Ax~hie moved that the Replat of the West Half of Block ~4, Boynton Ridge, be approved, seconded by M~s. Jackson. Motion carried 5-0. Request from Cemetery Board Re - Sto~age Building & Approval of Plat of B0ynton Beach Memorial Park Mayor Effron feels this is a good thing. It will open up the west side and be revenue to the community. The cost will be bo~ne by the Ceme- teryT~ustFund. Mr. Archie moved that the request be ~ented for the storage build/rig: and the plat fo~the Cemeter~be approved~ and the City Attorney be in~c~uctedtod~aw up. the proper O~{nence, seconded by Mr. Blanchette. Motion carTied 5-0. Request for Permit to Solicit - Musculsm Dystrophy Chief Wright stated that this request was made by the Volunteer Fire Depar~ent. We h~ve had a drive, and the Fiz~men of Boynton Beach -9- MINUTES REGULAR CItY COUNCIL MEETING SEPTEMBER 19, 1972 ADMINISTRATIVE, cont' d. raised $1~ 000 for Muscular Dystrophy on the p~g~am on Channel iR. permit to solicit will not be necessary. Th~s Tran_.sfer of Funds om Payment of Can__deub & Fleis~sig & Associates Mayor Effron stated that aceorclin~ to Mr. La~qent, as soon as the neces- sary applications have been filed with the State our money will be forth- coming, Mrs. Jackson moved that these funds be tranSfe~ed from unappmopriated~ :. surplus, seconded by Mr. Blanchette. Motion caz~ied 5-0. - Approval of Bills Onontario of Florida, Inc. Candeub ~ Fleissig S Associates $ 4~ 104.05 2~ 040. O0 Mrs. Jackson moved that the bills be paid, seconded by Mr. Roberts. Motion carried 5-0. Meeting adfourned at 9:57 P. M. CITY OF BOYNTON BEACH~ FLORIDA Robert B. Eff~, Ma4yor ATTE ST: -10-