Loading...
Minutes 07-18-72~S OF REG~ CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BE~CH~ FLORIDA, ~dLY 18, 1972 AT 7:50 P. M. Robert Effron~ Mayor Mrs. Emily Jackson, Vies Mayor John L. At, hie, Councilman Harold Blanchette, Councilman David Roberts, COuncilman Travis E. K/llgore: C/ty Manager Ftys. Tereesa Badgett: City Clerk Gene Moore= City A~torney Mayor.Eff~on called the meetinq to o~de~ at 7:50 P. M. The Invocation was 9~ven by Gene W~/qht: P/me Ch~e~ followed by the Flag Salute led by Harold Blanch~tte~. Council. Report on MeetinD by Mayo~ Eff~on - Re: H. U. D, Jacksonville & Fo E. C. St. Augustine , Mayo~ E~fron ~eported that a 9T~up from Boynton Beach, including himself M~. Killgo~e, Mr. Archie, M~. Moore, and Mr. O'Meara, went to Jackson- ville and St. Augustine to meet with H~D and FEC. The first meeting was with Mr. Thornton of P.E.C, ~ith regard to opening a crossing at S. E. 2nd Avenue. Mayor Effron expressed the/m surprise to learn that DOT had requested that the Rai/moad remove one o~ the traoks. They wanted us to close a c~ossinq in order to open another one. However~ this would not be feasible to close a crossing due to the traffic flow and businessmen would be affected. We have tentatively worked out an .arrangement: we will be pursuing the poss/bility of De!ocating an exist- · ng crossing. Then we drove up to Jacksonvitl~ for a scheduled meeting with HUD, with regard to the sewer expansion program and the application for HUD funds. The fiscal yesm began July lst~ and no appropriations have been given to hTdD. Ou~ application was filed in June of 197I: all of our ~eq~il~aents have been met and satisfied. We have three reviews to go through with regard to this application~ i.e. (1).tegal~ (2) eng~eering, and (5) equal opportunity. We requested that. Mr. Cassell get these reviews be- hind us so that when appropriations are made by the Federal government there will be no hold up on our application. We should, hear within 60 days in regard to our application. All in all~ the trip was very infoz~n- ative and usefut~ . .P~octamation - Salute. to Boynton Beach Week Mayor Effron read the proclamation d..e?ignating July 24 - 28 as Salute to Boynton Beach Week, and urged al l c~izens to take part in the act/v/ties and festivities scheduled. Mr. Roberts asked who determines who attends th~se meetings. -t- MINUTES REGULAR C~TY COUNCIL MEETING ~dLY 18, 1972 Mayor Effron stated that at the meeting of April 18~ 1972 we had a pro- g~ess .re~po~t on paving of a po_~.ion of $. E. 2nd Avenue~ and Ms. Archie suggested a conference by the CitY Attorney and' City Manager with St. .A~9~_s~t. ine to ~.ee how strong t. hei~ fee. lings Were. t~ confe~rring with the ul~ ~anager m= was recommended we kzlt two birds with one stone: and meet with Ms. TbDz~ton of P.E.C., and with representatives of PEL9 in re- gaud to our application. blayor Eff~on then announced that on there wili be mission adjacent to Oces~ the i2 otm.'L-'y ~ 20th: at 2:00 P. M. and land that the Cc~mission would no ~yor Effron it was gaud to flood more it. meeting with re- a Flood We hope to have MINWdTES - Regular Meeting July 5, 1972 M~. Arehie c~.z~.~.ted Page ~, Paragraph 4 - it should read C-1 and R-5 zone as specmfied in the site plan. Mayor Effron corrected.Page 2 tO Omit the wo~d '~reit~at~" ~ ~nl~om with "give his opinion~'. Also Page 2 under Bids "~t-~gna~'c-a~gi~~ should be omitted. On Page 5, second Paragraph - it should be R-~ and not R-2A. Paqe 7, second parag]~aph: last sentence - it should~-~te "intet~ property. Mr. Archie moved that the minutes be accepted as cor~ected~ seconded by M~. Roberts. Motion carried~-O. Mr. Blanchette abstained. ~ ..P~B. LIC AUDIENCE Albert Wehrell asked to speak on Items VI B(2) and C(2). R. B. Vastine asked to speak on Items VI B(3), VIII (1) and IX (B). I. C. Smith: Atto~ney: asked to speak on ItemVIII (2). Leon Everett asked to speak on Item VI B (2) and at this time presented a petition of residents opposed to the zoning request of Peninsular Properties, Inc. LEGAL Ordinance No. 72-22 - Conditional Hse for Doctor's Of£ice (D~. Edward P. Kiszka) Mr. Moore read Ord. -~72-22 by caption only. Mss. Jackson moved to adopt O~d. ~72-22 on second reading, seconded by Mr. Roberts. Motion carried 5-0. -2- MINUTES REGULAR CITY COUNCIL I~ETING JULY !8~ 1972 . .LEGAL~ cont' d. Ordinance No. 72-20 - Florida Pneumatic Annexation Mr. Moore stated that under the new statutory p~ocedure for annexation this has been advertised and anyone in the audience that wishes to speak for o~ against should he heard. Mayor EFfron pointed out that ~/his is an industrial zoned property out by Miner Road. Mrs. Jackson stated this is a new method in which M~. Moore stated in his putmon supersedes our Cha~ter. Mr. Moo~e stated that he did not state it supersedes our Charter - only that it is an alternative method in the discretion of Council. Mrs. Jackson moved to get an opinion from the Attorney General as to whether it is an addition to our Charter or supersedes it~ seconded by Arable. Mm. Archie stated .this Ordinance could probably be passed on first reading~ and get this answered for Mrs. Jackson by the next meeting. Motion carried 5-0. No one appeared to speak For or against the proposed annexation. Mr. Moore read Ord. No. 72-20. Mr. Archie m~ved that Ord. No. 72-20 be passed on first reading, seconded by Mr, Roberts. Motion carried Mrs. Jackson abstained to await the Attorney General's opinion. O~dinance No. 72-25 - Peninsular Properties, Inc. Albert Wehrell believed Council had been a hit .hasty in approving this zoruing change. There are two actions by Council that preclude any de- cision at this time. One - Oz~tinanee No. 70-15 calls for an 18 month interval before a zoning request can come up again. Second - Council action in the meeting of January 18, 1972 placed a moratorium on all rezouing. In view of this: no action should be taken at this time. Mr. Moore stated that the City is involved in a suit that in his opinion the City carunot possibly win. His advice was to reconsider this ands pursuant to Mrs. Jackson's reque~c~ give anybody an opportunity to be heard, with the advice that we are involved in litigation and they~ as taxpayers, will be paying the legal COSTS. This Ozd/nance will con~ rain a repealing clause which would repeal anything in conflict with it. Leon Everett stated that there is 9~% of the residents in the area against this change in zoning, k~ny isn't this worth something in court? Mr. Moore stated that the zoning is obviously wrong. Someone could have even made a mistake in drawing the line on the zoning map. -3- MINUTES REGULA~ CITY CO~tCtL MEETING JULY 18, 1972 Ordinance No.. 72-23 - Peninsular Pmoper~:ies, Inc. - cont'd. Mr. Everett would not 14kc to see a two stor~ buildin~ go up in I%is back yard. He has lived the~e since 1958s and has invested a lot of money. If it takes cou~t we ~/%ould go to co, rt. The developem knew what this was zoned before he ever bought it. I knew v~qat-I was buying. We a~e the majority, and ~ intend to p~otect our property. Mm. Everett further stated that this is somethir~ that we ~hould look to all the people in the a~ea up to this. If it He is going to object the petition· one developer. His p~ope~t7 ba.cks they can build two story buildings. way. The~e are over 150 names on Ga~y Winters, 191 S. E. 27th Avenue, stated that the people in R-2 would not have to request a rezoning to t~-iAA, they could do it because it would be ulx3~ading the property. He asked those present (possibly 50-60 people) that are opposed to the request to stand up. Mrs. Jackson stated that when people buy in a neighborhood, this is ~eou~ity for thom. To change the zone is w~ong. She mOVed to reject the request of Peninsular Properties. Motion d/ed for lack of second. Mr. Roberts stated that he feels we should let the court make the deci- sion. Mrs. Jackson moved that the City defend the suit~ and let the court de- cide~ and find another atto=ney s/ncc M~. Moore w/ii not do it, seconded by Mr. Roberts. Vote is 2-2, Mr. Blanchette and Mayor Effron voted Mayor Effron stated that one of the haTdest jobs we have is zoninu mat- rems such as this. We look at the site, and study the facts: and in cases like this when we are in court there are cc~ments made at these meetings that should not be made. We have a City Atto=ney who advises us~ and we should rely on his opinion. If he says a case is undefensible~ and it is going to cost the residents of this City tax dollars to lose a case: I don~t think you voted for me or any other member of Council to spend your money unwisely. That is why I voted ~no~. Mr. Moore stated that it appea~s that the Council is heading for an passe again, He reeo~nended that Council pmoceed with the defense of this matter by appointing a committee to undertake the respor~ibility of t_a~ .n~. g an atto.rn.e.y t.o. defend thxs matter on behalf o~ the City Council. '£ne At~co=ney and Mr. ~elley nave. extended the t/me long past the original time. There has to be~ pursuant to court order, some so~t of d~fensivm pleading filed by July 26. Mayor Effron asked f~ them to repor~ba-- M. ayor Ef.f~on State_d that. a 1.etter wa.s received f~ ~oyce and John Su ~ated July 14, 1972 reglster~ng thez~ p~otest to the ~equest. Mr. Arehie had stepped down because he does business with the app~eant and is not allowed to vote o~ take pa~t in the discussion. -4- MINUTES REGULAR CI'i~ COUNCIL MEETING J~LY 18, 1972 Ordinance No. 72-25- Peninsular Properties, cont'd. Mrs. Jackson moved to defend the suit, and she and M~. Robe~cs will assume the responsibility of finding an attorney to get an answer in by July 26th, s~eonded by Mr. Roberts. Motion carried 3-1. Mayor Effron voted Wno~. Mr. Archie abstained. Ordinance No. 72-24 - Proposed Public utilities Extension Ordinance R. B. Vastine had secured a copy of this 0~dinance from the City Manager. He. had several su~ggestions which were already made in the Ordinance since he had received the copy. He agrees with the Ordinance~ and hopes Council passes it. Mrs. Jackson asked if Resolution No. 67-I is still in effect? Mr. Killgore stated yes - this would have nothing to do with water and sewer monthly fees. She fuz~cher inquired in regard to fire hydrants. Mrs. Jackson stated that the Village of Palm Sp~ings was sued by Crest- haven for ehaz~n~ t25% water rates. She also made reference to ques- tions of the Pe/m Beach County Leagae in regard to Service Areas. Mayor Effron stated that he understood if you could prove that you needed it you were allowed to ~harge 195%~ and asked M~. Kitlgore for clarifi- eation. Mr. Kitlgore Stated that the Legislature set this at 125% maximum, or 150% provided you can justify your operating expenses. Mrs. Jackson stated we should find out what the laws are because the Village of Palm Springs was char~ing 125% and lost the case. Mr. Killgore stated that he is prepared to answer any questions on this. After 5~ months work, it is designed for the specific purpose of pro- tooting the citizens of BgyntonBeach. Mr. Boy,er asked if we could ask for a performance bond if it was not an annexation. It was stated yes on construction ~of utility lines. He also inquired in regard to the $75.00 cha~ge per fire plug. Mr. Moore read Ord. Ko. 72-24 in its entirety. Mr. Roberts moved to pass Ord. No. 72-24 on first readings seconded by Mr. Blanchette. Motion carried 5-0. Mr. Killgore stated this gives the developers the answems they nead~ and the proper guidance. Resolution No. 72-Q - Civil Service Rules and Regulations Mr. Roberts asked if this could be put off because he had some questions on it. He also questioned whether the City Engineer: City Planner and Superintendent of Public Works was under Civil Service. Mr. Killgore said it was his intent to include ever~ steff employee in the classified service. MI3R~TES REGULAP. CITY COUNCIL MEETING ~dLY 18~ 1972 ..Resolution No. 72-Q - Civil Service Rules and Regulations, cont'd. Mrs. Ja~-kson stated that on May 23rd the County had a Charter up for a vote. The only city that passed o~. this was BOca Raton. The reason was it gave too much power placed in the hands of the Cou~%ty Mam~ger. She asked to have this referred to the Cha~ter Review Board~ and have the duties of the City Manager spelled out in the Charter. Mr. Killgore cited his authority in See. 2-26 of the Code of O~dinanaes. Mr. Archie stated that the only two full time employees remaining at this time that a~e not Civil Sex, ice a~e the City Planner and City En- gineer. The City Attorney and City Judge do not work full time for the city. Mayor Effron stated the biggest thing he noticed in comparing the old ~es is t~ing to find what you are looking fo~. Eddie Mitchell asked if this is a combination of Oakland Park and Colum- bia~ Tennessee Rules? The Civil ServiCe Board looked at both of these and were more or less opposed to adopting Columbia's book because it gave too much authority to the City I~anager. The Board did like the Oakland Park book. Mr. Archie pointed out that if the City Manager does not do the job right it only takes a three fifths vote. You are not going to find a City Manager to sezve at the pleasure of Council i~ you don't 9ive him the authority to run the City. Mrs. Jankson moved to table this until the next meeting so that the Civil Service Board can revi~l and make recommendations, seconded by Mr. Roberts. Mr. Moore stated that Council would make a mistake in ~eferring this to the Civil Service Appeals Board. They have nothing to do with the im- plementation of Civil Service Rules, other than to interpret them as an Appeals Board in ease there is a controversy by some effected party~ which in most cases is an employee. Mr_vs. Jackson stated they are going to have to work from this book and should know what is in it. Mayor Effron stated that the problem is that if this is approved there would be ~equired adjustments in the p~oposed budget. Mr. Killgore stated that it is not the intent to take away any privilege of any employee. These ~ules are designed this way so that they can be adopted by resolution so changes can be made when needed. Mrs. Jackson withdrew her motion. Moore read Resolution No. 72-Q. Mr. ADchie moved to adopt Res. No. 72-Q: seconded by M~. Blanchette. Motion carried 5-0. MINUTES REG~LA~ CITY COUNCIL MEETING JGLY 18~ 1972 Resolution No. 72-Q - Civil Service Rules .en.d Re~,?stions, cont~'d__~. Mrs. Jackson suggested that the duties of the City Manager be in the Chaz~cer: and have it referred to the Cha~ter Revie~ Board to come up with something to vote on in the fall at our regular election. .Re-Organization of Departments Albert Wehretl~ stated that Mr. Killgo~e'$ re-organization plan is pu~e ~hogwash~.Among other statements, he stated that it appea~s we have hired a little dictator instead of an administrator. Mr. Archie then stated that what Col. We~ just stated was a lot of ~'hogwash~. His original statement waS that the ~'tittle dlc~a~o~~ has the right to hire and fi~e anybody. It is not true! This City Council has the final say! And don'~ you forget Mr. Kelly never thought he would oppose the thoughts of Col. Wehrell~ but it is obvious he never spent any of his active days in business. A man that operates a business, must have the authority to do ~ahat needs to be done. The manager is subject to the control of Council, and you should hear this in mind. Mrs. Jackson stated that one of the things a person can be fired for is offensive conduct toward the public. She thinks this should apply to the Council. Fn~. Killgore thoroughly explained his organizational ehar~. Mrs. Jackson stated that she is opposed to re-organization just £or re-organzzatmon s sake. She feels that the Council and the citizens should know some specific things. 1. How many positions a~e going to be abolished? How many employees will be fired, or laid off? How many employees will be down-9~aded? How many wil l, receive raises? 5. How many new positions will be established, and what are they? 6. What will it cost? She was paz~Cicu!arly concerned with the disregard of our Charter. Mrs. Jackson moved to be given mere information on the re-oz~anization plan aS pzwasented~ and put to a referend%~m in December. Motion died foz lack of second. Mr. Killgore feels this is within the provisions of the Charter. The City Attorney also ~eelS it is within the scope of Council to set up this organizational chart. Mr. Arehie moved to 9~ant authority to the City Manager to adopt this organizational chart, seconded by Mr. Btanohette. Motion carried 4-1. Mrs. Jackson voted ~no~. -7- MINUTES REGULAR CITY COUNCIL MEETING J~LY 18, 1972 Re-organization of Depart. m. ents~ cont'd, Mr. Moore pointed out that if Council wishes to make this e~feetive imme- diately this can he a~opted as an emergency oz~nance, otherwise pass it as a regular ordinance. Mr. Killgore recommended it be passed on an emergency ordinance basis because of the budget, M~. Fmore read Ordinanoe No. 72-25 in its entirety. Fr~. Archie moved ~hrat Ord.. No, 72-25 b.e passed as an emer~3ency ordinance, seconded by r. Blanchette. Motlon carried .4-1. Mrs. Jackson voted ~no'~. RECESS I~EW BUSINESS ~uthorization to Sign Drexel Agreement (Water & Sewer Sel~ziee) M~. Vastine asked how the passing on first reading tonight of Ord. No. 72-24 affects this agreement. Mr. Moore answered that this agreement is a separate contract. Mr. Vastine had a few suggested changes which had already been made since he had reoeived a copy of it. He thought it ~;as very well prepared, and wished they had this type of agreement when Leisureville was first built. Mayor Effron stated that he wished more residents of the City would take the time, as Mr. Vastine did~ to get copies of things you know are coming up on the Agenda. Mr. Archie moved that the Mayor a~d City Clerk be authorized to sign the agreement: seconded by Mrs. Jackson. Motion carried 5-0. Request of Mr. Leonard E. Smith I. C. Smith, on behalf of Leonard E. Smith~ offered to purchase a e mall lots Lot 192~ Block CD BoyntonHills. This parcel is located in aban- doned streets. We ~eel it would be little or no value to the City~ and would like the opportunity to purchase it. Mr. Moore stated the procedure on this request would be to direct the City Manager to obtain appraisals and advertise for bids~ with the ap- praised value being the base bid which the City would accept. Mr. Moore stated he had secured a couple of appraisals. If the Council cared to use their figure as the base bid then the City Manager should set a date. Mr. Smith asked the City Manager to notify him of such sale. Mr. Archie moved that the City Manager be authozdzed to set a date to re- ceive bids for the property in Boynton Hills~ seconded by Mr. Blanchette. Motion carried 5-0. -8- MINUTES RE~dLAR CITY COUNCIL MEETING uvdLY 18, 1972 Refund on Cemetery Lots - M~. Arthur H. Haz~wig Mr. Are_hie moved that the request be 9~anted as ~ecommended by Mr. Kill- go~e and Mrs. Padg~tt¢ seconded by Mrs. Jackson. Motion caz%~ied 5-0. ~eview Operation of Sanitation Department Mr. Vastine asked that Council 9~ive consideration to the problems in Leisurevil~e in this reappraisal of the sanitation system. He felt the City had given them exceptional serviee~ and urged the Council to think tb/s p~oblem through thoroughly be2~o~e going to a private contl~acto~. Mr. Beyrer urged Councilnot to make any changes in the present collec- tion system. Mr. Everett stated there have been lawsuits with private garbage collec- tion agencies, and it does not end up very pretty for the City. Mr. F. C. Van Deusen referred to a pile of trash on 3rd Court that had been there about thr~e weeks. Eddie Mitchell stated that he felt the local service was pretty good, and that most people would object to a private eoncer~ coming in. Mr. Archie pointed out that Mr. Killgore proposed five different ways to change this. tt should be made available to the public. Let the public and the Council have more time to study this. Mrs~ Jackson questioned the figures submitted by the City Manager. Mr. Archie moved to table this for the ne~c meeting, seconded by Mr. Btanchette. Motion carried 5-0. Evening Registration Mr. Killgore reported that for evening registration there was pretty good attendance on May 25. On June 2nd there were 2 people~ on the !6th there were 195 on July 7th there was one person. Mr. Killgore recommended at the present time to reduce the hours on the same nights from 5:00 to 7:00, and tz~y that for awhile~ and if we get no better results we should discontinue it. Mr. Archie moved tt~at the request be ~ranted, seconded by Fn~. Blanchette. Motion carried 5-0. Approval of Bills Russell & Axon Consulting Engineers Mr. A~chie moved that the bill be paid~ Motion ear, led 5-0. --9-- ~ 6:531.67 seconded by Mr. Blanchette. MINUTES REGULAR CItY COUNCIL MEETING JULY 18~ 1972 R. eport 9n Meeting Requested by City Council with' Ocean Ridge As the Mayo~ ann ~o~u~....ced ~ea~lig~ in.the meet~g% ~h~me Wi.il be a joint meeting of OCean P~dge Town Co~ne~i and th~s fiit~ Council on Thursday at 2:0~ P~ M. on | l~tte~ frcm the County Traffic ~eeommendation to put double ]~nes · W. 25rd to S. W. 15tt~ Re~olutzo~, No. 72-~ - Agreement with Seaboard R~il~oad at S. W. 23~d Ave Mr. Moore read Resolution No. 72-R. Mr. Amebic moved to adopt Res. No. 72-R, seconded by Mrs. Jackson. Motion carried 5-0. Abolition of Muni. ci. pal Cou~t Mr. Moore pointed out that it will be necessary for us to p~ovide cou~t- room space when municipal cou~t is abolished. This should be done by a motion to notify the Chief Judge that we will make space available. Mr. Archie moved to notify the Chie~ Judge that the City will make courtroom space ava~lahle, seconded by M~. Btanchette. Motion carried 5-0. Meeting adjourned at 10:40 P. M. ATTEST: CITY OF BOYNTON BEACH, FLORIDA o err B. Eff~c~Mayo~ David Robert~ ~ Counci~ -!0-