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-