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Minutes 06-20-72MINUTES OF THE REGULAR CITY C0~h~CZL ~ETING HELD AT CITy MALL, BOY,tON BEACH, FLORIDA~ JUNE 20~ 1972: AT 7:50 p. M. PRESENT: Robert B. Effmon, Mayor Mrs. Emily Jackson, Vice Mayor John L. A~ehie, Councilman David Roberts, Councilman ABSENT.. Travis E. Killgo~e, City Manage~ Mrs. Tereesa Padgett, City Clerk Gene Moore, C/ty Attorney Harold Blanehette~ COuncilman Mayor. Effron called the meetin t ~was given by Rev. Dn,,~o ~ --~g o.o~der at 7:30 p ~ .~ _ . · O~ed by the ~=~ 2~-~a~ ~mlr~, F~rst ~nited ~---~ ?' .zne ~on ~O~ Eff~ ~tT~uc~ Co~ C~issione~ Robert Jo~s~. ~- Johns~ gave a P~ess ~epo~ on N. E. l~h ~enue. The COWry Co~issi~ has t~ a stud ~ ~s. The ~g~ming Depam~ent ~s ~eeiv~ a sket~ ~icating the wish of~ ~eme the ~ight of way w~d be l~ated. It t~e ~t 6 9~ to P~epa~e a ~ight of way map. If the weathe~ holds o~ t~e ~ be a su~ey cmew MOnday mo~ing. ~isMay°~go~Effm°nto seeStatedtheit does h~ ~d ~e Depa~t Hea~ t~t womk~ on ~T a~ion, a~ion ~ is ~ing t~ ~d we wi~ wete~e Rec~itlon of Empl~ees by Mayo~ Robe~ ~. Ef~on Mayo~ Effmon gave - the City. ~ee~i~on to ~Pl~ees fo~ ~eim Y~s of settee to This ~eco~ion p~o~ has of ap e~ ~ ~eld ~u~y s~ce 1967. Ce~iffc~es St~ !~t~ h~e b~ awarded =o ~Pl~s at five y~ int~ 20 ~.~-mu ~u yea~ or se~lce. $2~.00 Sav~$ bond ..... Y~s of semite, ~d ~s y~ the po~y = .~=~ are awarG~ s~tngs b~s to 25 yearn ~Pl~ees. ~e was adopt~ to ~ve $50.00 we~ P~Sented by Mayom Eff~n: fo~q ee~lfieates ~d bonds 25 yea~s of Se~tce Lenon Harris Lee Thomas 20 years of Service Tereesa Padgett years of Service Nathan/el McGrady -t- MINt~E$ RE~dLAR C1TY COUNCIL MEETING 0ILNE 20: 1972 ~ecognition of Employees, eont'd. 10 years of Service Betty Law George MaeNeill Lloyd (Tom) Rhoden Robert Ryd James Thompson John Vieki .Special Meetinq Mayor Effron announced that Thursday, June 22nd~ at 2:00 P. M. a workshoo will be held to consider the draft by the Planning Co~lsultants on the up2 dating of the comprehensive master p/an. The Mayor also announced there will be a Public Hearing of the Palm Beach County Area Planning Board on Thursday, June 22nd at l:O0 P. M., with gardto sewers for Hypolux~ at the Flood Cont-nol District in West Palm Beach. Mayor Effron then announced that the next regular City Council m~eting will be held on Wednesday: July 5, 1972, due to the July 4th holiday. Mr. Roberts announced that the Florida Municipal Finance Office Associa- tion has elected Mrs. Padgett to serve as Secretary for 1972-75. He had received this announcement from his hometown. Mr. Archie requested to add Item C under Old Business, Status of St. Andrews Annexation. MINUTES ~egular City Council Meeting - June 6, 1972 Mr. Roberts pointed out that on Page 4 it should read that the motion was seconded by Mr. Roberts, not M~s. Roberts. Mr. Archie moved that the minutes of June 6th meeting be accepted as ~ected: seconded by Mrs. Jackson. Motion carried 4-0. ~peeial City Council Meeting - June 8, 1977 Mrs. Jackson moved to accept the minutes of June 8th as written, seconded by Mr. Roberts. Motion eaz~ied 4-0. PUBLIC AUDIENCE Robert Beyrer stated that the United Boynton Civic Association has gone on reco~d as being in favor of planned expansion. For the past week there have been many columns in the newspapers devoted to St. Andrews --2-- MDru/'~ REGULAR CITY COUNCIL MEETING JU~ 20~ 1972 .PUBLIC AUDIENCe., conttd. Corporation. He discussed a possible new approach. He feels that the problem was caused by lack of info~mation and lack of site plan. He be- lieves that the bu/lde~ approached the city in good faith~ and wants to bu/ld a condcm/nium with golf course and a ~estaumant. The present ex- isting petition can be voided by a withdrawal of the p~esent applfcation~ and I bel/eve if St. Andrews Corporation comes back to the Co%rncil with an application fo~ R-D Zone and C-1 Zone for the ~estanrant it would pass 5-0 vote. He asked Mrs. Jackson if she agrees. Mrs. Jackson stated that it had a g~eat deal to do with it~ and she feels that if we had had the complete info~mation from the beginning it would have eliminated some of the ~esms.~ We do need a site plan, and I feel if it came back with R-5 and C-1 ~or the restaurant it m/ght have made a difference /n the way I voted. Mr. Bey~em stated that he has discussed this with the City Attorney~ and that a withdrawal of the application would void the petition. He asked Mr. Moore if this is cox~ect? Fro. Moore Stated that he feels it can be worked that way. Mr. Beyrer stated that the City if not in a position to ttmow away a thousand dollars for a referendum when the good demands for the good of the City have been recognized. R. B. Vastine~ Leisumeville: stated that all but three sigllatures frown Leisurevitle have been removed from the petition~ and those three are out of town. He is sure that Leisurevtlle will follow the expression of Mr. Beyrer. Mr. Vastine expressed appreciation to the City Manager and Mr. Bob John- son for so p~omptly and diligently getting double lines down Congress~ it made a big difference in t-~affic~ and also the light on Golf Road and Congress is underway. Also the Florida Power and Light is putting the poles on S. W. 18th Street and S. W. Congress Blvd. What has been done is very much appreciated. Now double I/nes on S. R. 804 are needed. Eddie M/tehell, 529 N. E. 12th Avenue, stated he just heard congratula- tions for immediate work done on Congress and other areas. Much of this came into effect after we talked about possibility of getting Sara S/roms Memorial Gardens fenced in. He asked why it is not fenced in. Mr. Killgo~e stated that when the fene/ng contractor took the job he or- dered the fence and it arrived yesterday. He has pl~nised to have it done e/ther Wednesday or Thursday of this week. RE~dLAR CITY COUNCIL MEETING JUNE 20, 32972 BIDS 19___72 Van TYpe ~ini" B~.~ Mr. Kil!gore repo~ted the bids received; Hauser Dodge $ 47 481. 87 Pa/m Beach Dodge 4:576.02 Mr. Killgore recommended the hid he a~a~.ed to Palm Beach Dodge: the low bidder: in the amount of $4~376.02. It 1s a budgeted item. Mr. Arch!e moved that the bid be awarded to Pa/m Beach Dodge in the amount of $4,576.02~ seconded by ~i~s. Jackson. Motion carried 4-0. Installation _ Storm Sewed System _ N. W. 5~d St. bet. N. W. 5z~ Ave. and - __N. _W_. 8th_Ave~ M~ Kil!gOme Deported the bids that were Deceived: BelvedeDe Constr~etion Company HOUdaille $ 50,719. O0 Hard,ives 50, 83_1.50 }~rl K~.'ltgore recommended the bid ~awa~d 55~926.10 . 100-540-341-542 pri~ year encumbe~ed --- ---~ ~e approved from Accounts funds not spent and Special P~ojects foDACc°untSthe tota15900-520projeet.fD°m eur~ent budget, in the total amo%knt of $57,280.83 MD. Archi.e mOved to accept the City Manaa~_~,~ ~ ~ ~ .. the low b~d to Belvedere Cn~* .... ---- . ~-- - ~ecommend=t~on, and award Mayor and City Clerk be instructed to sign the contract~ seconded by .... ~-uu~xun ~q the amount of $50~ 7197 and the ~rs. Jackson. Motion carried ~-0. LEGAL O__rdinanee ~_qo. 72-16 _ Re Chingos Annsxatio, ,. _ 2nd Reading Mr. MOore read O~d. No. 72-16. M~. Roberts moved to adopt Ord. No. 72-16 on second and final ~eadinq, seconded by H~. Arabic. Motion carried 4-0. Or___dinance No. 72-17 _ _Re Pine Point Villas Annexation _ 2nd Reading Mr. Moore ~ead Ord. No. 72-17. Mrs: Jackson moved to adopt Ord. No. 72-17 on second and final ~eading, seconded by Mr. Archie. Motion ca~ied Resolution NO. 72-0 _ Re GeneDal Revenue Shaming Bill Mm. Moome read Res. No. 72-0. Mr. Archie moved fop the adoption of Res. No. 72-0~ seconded by Mm. RobeDts. REGULAR CITy COUNCIL MEETING JU/~ 20~ 1972 Resolution No._ 72-0 - Re General R ;enue Shar/ng' Bill~' cont Mayor Effron Stated that a letter _dors/ng Senator Gurnav,s ..... was received from the City of M/am/ en- $-5651. The amc-=nument-E WOUld=~=nu~enttake outt° thethe Federal Rev.enue Shar/ng Bill, state PerSonal /ncome taxes, penalty aga/nst States with no MOtion carried 4-0. Resolution No. 72~p _ Re Li~en _ Happy Homes Hei.gb~tss Lot 57 Block 9 ~r. Moore mead Resolutic~ No. 72-p. Mrs. Jackson moved for the adoption of Res. No. 72-p, seconded by Mr. Roberts. Mot/on eal~ied 4-0. S__t~atus of Pen/nsular Propemtie~ Lawsuit (City Attorney) Mr..Moore Stated that th/s is optn!on it ix . an example of - ~ not defens/ble. . spot zonlng~ and ' · from the co ~ ~ ~ · He believes ~ .... ~n h/s it?Mrs' Jackson asked what to do about the people that came in Objecting to ~;~0. MOOme Stated that the easiest way to do it is to hold anothem Public Hea~ing~ and tell them we are /n 1/tigation and they ?;ill bear substan_ t/a! legal expenses. Mrs. Jackson moved to notify these people to come back so that this can be explained to them /n a Public Hearing at the earl/est poss/ble date~ seconded by Mr. ROberts. Mot/on carried 2-1. Mayom Eff~on VOted ~no~. Mm. Archie abSta/ned. O~LD BHSIb~SS Status --Report Re Dog Nuisance P~etition_ Mr. Killqore reported that a petition was ~eee/ved from a large number of citizens concerning dog problems. Since that t/me there has been $ thor- OUgh investigation. The total an/reals taken into custody since January 1972 is 29~, with a tOtal sent to the An/real ReScue League of 47 charges were made aga/nst Owners. Mr. K/llgore fu~them Stated t assistance /n t~^ ~ ..... hat a~ the aetiv*~. · ,= ~nxmal Warden,s n~ _= ~ eontinues~ additional far as the petition~ ~=~az~ment may have to be added. As everg*cb/ng has been done in accordance w/th our ability to try and control the nuisance. Report on Drainage_ _ N. ~. 10th Court (Mr. Sturge_es) Mr'evaluated.Killg°re Stated that for a long period of t/me this Problem has been He believes there is some degree of UO~ection that can be made~ and it can be worked out OWner of P~oper~y. Requested adm/nistratively along w/th Mr. Col//ns~ authority to handle th/s administratively. Perhaps a catch bas/n end SC~e fill will he the answer. COUNCIL MEETING M~. A~ch~=Rep°z~c on Drain_ aga_ N. W. 10th Couz~ (Mr.. Stulx3es)-- cont'd. ~'=~mvegy, se~nded by M~s. J~om~ .~ to ~e sellsM~°m hisEffm°nl~d?a~ked ~out the $900 cost, and Shat happ~s ~ ~. Co~s Mm. Kii~ome did not feel ~t w~ t~e this ~dh money to~ solve ~e Pmobl~. He fse~ ~at t~s e~ be do~ Within the s~ck ames. doingMaY°= itEff~°nt~poma~Statedaga~n.thls was t~po=~y ~ the fim~ P~ee, we wo~d be MOtion espied ~-1. M~om Effmon voted S~t~f St. ~e~ ~exation ~- ~ie Stated his ~thd~aw~, ~ view of what M~. Bey~e~ Stated. was gong to ask fop a ~femend~, but not if this e~ be imbed ~t some Othe~ way. He mequested t~t ~. Ki~gore meet ~th ~epmesentatives of St, ~d~ews, ~d see if ~ey ~e a~le with the eh~ge. Considem e~e~g ~e Pmesent insum~ce covema Mm. ~gor~. he ....uuvema~eestated fo~ 90 days ~~ ~de~st~ds that Co~ci! did t~y to Work OUt a ~th~loeal insurance a~ei · : P~e~ent A ~t . ~ es. ~e m~ttee. Ev' g ~ as~n ~ P~ was · . ~tobem lst.bids' The 90 day extension was secumed, UOw~ve~us t~e~ex~meto ~ Theme must be a decision as to Whethem to eont~ue ~th the C~ee ~ appoint ~ Ag~t of Reeo~, who would be mesponsible rom meviewin~ ~e insurance ~d gong out rom bids ~ a~pt~g to get the best P~iee. Mu~cip~ ~sum~ce today is h~ .to Obtain~ it,s a cautf~s Si~ation, ev~ though we go out fo~ bid. We must be cautious. that ali ~eas in the City ape ade~ately He does not feel POkey decision fm~ the Co~eil. C~e~ed. He WO~d ~e a Council discUSsed this with ~. ~llgo~e: ~d he mee~ended the fnsum_ ance Ag~t of Reeomd. Mayo~ Eff~n Stat~ that ~m insurance yea~ is fm the fiscal ye~ is f~m Oetobe~ 1 to 8e~e~ his feei~gs on the lnsum~ce Yearn berg the S~e~U asked M~' ~ias the fiscal irma' st~A~z onfe~Soetobe~it WO~dl. be bette~ to show p~e~ fo~ the ys~ to -6- · MINUTES REGU~ CITY COUNCIL MEETING OILNE 20~ 1972 C---gnside..r extending present insu~rance coverage for 90 days~ conrad, Mayorlst. Eff~on Stated by eXtending this 90 days would take it to October Mr. Arabic moved to ?~.ant the 90 day ek~c~nsion by Mms. Jackson. MOtion caz~ied 4-0, to Ray Allen: seconded Mr. Archie agmees to the Insu~ar~e Agent of Reco~d: but does not think he s.hould participate in the biddin . our ~nSU~ance for s~ .......... g- inoe Mr. Allan has been w~iting it. - .... y=mz.~ ne Should have the first change if he wants the v~e Mr..Killgore a~range 'fo~ Mr. Allan to become then he ~ ,,~ u- ~eeorG~ as outlined by the Mayor~ if he refuses would recommend Dennis ~4CNamara from O~Lea~y /nsuranee~ seconded by Mrs. Jackson. Motion carried ~-0. ADMINISTRATIVE Po__~c.e D. epamtment~Repomt Mr. Killgore reported on the inve~Cigation made of the Police ooncer_nin.q Statements made about He interviewed eve~ -~o~ ~-_ ~,th_e Department and s~ ~ ,=Department ~~ ~=-~,, ~: ~ne Folice Deoa~. ~"'-~=~ ~ne men in it. numberattaehedofreport.citizens~ and evaluated what was said.- - -"~'~:M~, Killgo~eanG ~alkedreadtO rhea Mayor Effron Stated that he requested this repor~ from Mr. Killgore, and checked with him as to the daily Status of his investigation. The Mayor thanked Mm. Killgore for a very comp!ere and thorough report. Noz~an Hands~ 119 N. Seaorest Blvd., Stated that aceo~ding to the po~c, the Police Depaz~ment is perfect and that all the accusations made were nor t~ue. He does not agree with this. Eddie Mitchell Stated that~ as pointed out in the news media~ Several policemen had admitted their cam~ades were unusually harsh to some blacks. Mr. Mitchell Stated that the Police Department should realize that the persons they are involved with are human beings, as well as they are human beings. If they don't to this effect we will Come back to you. Mr. Archie Stated that in view of this and the fact that Mr. K/llgore has been with us a nUmbe~ of months and has had an opportunity to work with him like other menlbers of Council~ and had opportunity to work with our Police Chief, he made a motion to give a vote of suppose and confidence Ston,t° ouPsecondedCity Manager~by M~. Mm.Rober~cs.Killgo~e~ and the Chief of Police: Noah Huddle_ Mayor Effron added to include the personnel at the Police Depa~ent. Motion carried 4-0. MINUTES REGGLAR CItY COUNCIL MEETING JUNE 20, 1972 Po//ce Department Repo~, cont~d. WO d like - · off,ce ~ vi . h~ve cop~es of t '~ ~ of t~ ~estxgation th~ ~_~$.rep~ s~t to M~. Dav~ ~-- ~ ~ C~dueted. AS ~e of the p~ivate ~ti a bla~ and . ~ of B W~te ne ~ B~ M p~ob~i · ig~ho~, h~ . , ~- R~le N Y ~cu~ ~ most ot~ .... ~ ~Pe~le~e~ Sma ~ ~ =- - '% ~ W. 5~ St. · "== ne~o~ho~s ~hi~ T~.~c~e~s th~ d~ He has been visited by b~h b~ '~ ~lre POnce to c~e were always the very ~est, eou~ ~d ~mte th~ co~d to se~ eo~ ~ ~ POnce ~fte~s ~d le t~ P~b~ ~d n~ __~st help~l to do e~em~h~g ~men w~tto sayt° ~is.~ ~at the citiz~s a~h~u~sew/th~Yth~.a~si~.He is p~oud'a~eSeto be Repo~ _ Pa~ T~e Empl~e - nt . N~g~o~h~d youth Co~ ~. Ki~go~e me~mted t~t O~ally tion Council to ~pl~ nine ~e had a~eed to ~d plead fo~ ~obs. ~-~ __ P~ple. $~ce th ._the C~ity nave 15 uo~ If.._ ~e a~eeG to add si~ ~=~.we ~av~ had others ~ ~,~'uugn~t the Cit- ~ - ~-"~' ~t~ct~_ .Ce~lflCate No.~ ~ varmous depa~e~s. The Piece Dir~tom ~d Mr. Ki~gO~e ~C~en~ the des~c~ion of tificate No. 871, f~ ~ase MalaYan B~ be authom~ed conce~ng 1960 S~ Pool Bonds, Series E. ~s. Jacks~ m~ed to aCce~ the ~eco~endatlon of the City M~age~, sec- onded ~ Mr. A~ie. Motion ca~ied 4-0. Mm. O~Me~a stat~ that last F~iday mo~fn~ his nice heights f~i~ds~ the ~, PUr~ased the L~ D~ks. They have t~en te~ic debt. ~Y have supposed ~e Ci~ ~ a ve~ f~e way. A VOte of ~s should be ~v~ for t~s type people. Mayor Effron read a letter fro, Michael B. Small, County Attorney. Mrs. Jackson Stated that there was a m/stake /n the TI/v~S /n an article stating that she had P~esented a petition. There was a ~etraction put in the next day. The woman that presented the Petition wanted the credit, and ~s. Jackson did not. She Stated that she did not present tion~ all she said was that she hopes the that we have beach. Sees to it County Commission any pet/- Mayor Effron stated that with regard to the letter we do have to indicate to them tomorrow. This can be done by a !ettem to the County Attorney saying that we meaffirm the City's posit/on W/th ~egard to acquisition of additional ilO0 feet of beach, and also affirm that we cOOperate 100~ with Ocean Ridge Town Council. -8- REGULAR CITY COthMCIL MEETING JthNE 20~ 1972 OTHER, Cont'd. Mme. Jackson asked Mm. Johnson if the City is go/ng to have some beach adjacent to the ex/sting beach? Mm. Johnson Stated that Mm. Lytel and Bi~. Wa~men ame on the Beach Acquisi_ tion Committee, a~d a~e cu~sently pSOCess/ng an application foe the 500' /mmediately nol~ch of Lake Wosth beach. In h/s op/nion the natusal beach nosth of oum PSeSent beach has the highest pmiol~/ty. M~._amchiem--~ . moved ~u~ s_en.d a let~. em to the Co ~rrlr~ the Citer$ ~/~.0~0 feet of be~ Posztion W/th -~z.u ~ ...... roUnty Attozney. . . stati~ and a/so ~ ~_~ acquisItion o~ -~--~- ~ we Josep.h Kelly made a me¢C~me whe/m/ng a .ndation to ~ PPZ~val of the s. Jackson - and the subse~ -- ~ C_lty Manages's ~n~ ^ ?.in vlew of the ovm~ draw the~_l~.-~=?~ vo~e.~ or eonfid~c~ ~_ .~f.~-.~ ~.~ the Pol/ce De ment. = ~ ~u~ry lnvesti~at~, _~ LU.'-~_' ~.~a= She w/th- ~ ---,,- u.~ ~ne FOl/ce Depart. M~. Az~lhie felt that it should be left exactly the way it is. If the County wants to investigate the Pol/ce Department then they ese welcome to do so. M~s. Jackson stated that this was all a misunderstanding. Mm. Amchie then Stated that nobody knows what Mss. Jackson wTote /n the lettem except hesseif. He feels that when statements ame made by Council membems they should be made fmom th/s table th=ough the City Managem, Mm. Killgome. we have a~y compla/nts whatsoeve~ ~1t'tY Mane9 Mayom Eff~on Stated that we have a .Ci } gem fo~m of gove~nmen, t. If City is to take to anyoum sespons/bi!ity department in this let h/m follow up on it. P~oblems to the City Manages and Meeting adjourned at 8:57 p. M. CITy OF BOYNToN BEAcH, FLORIDA MINUTES RE~dLAR CII~Y CO~CIL ~4EE~tN~ JUNE 20~ 1972 David RObel~s~ Cou/~eilman ~10- ~ PLO3003 { ~HE FLOEiOA DEPARTMENT OF LAW EE;FORCE¢¢ ENT :¢::~ ~ a~=~c~ ~0~ ( i p' O, ~OX !~g9 ,~LLAHASSaE FLOR DA 32302 ,~U,,~m~.R Ot- ~-UL~-d.~ POLtCE DEP~RTM£NT EbiPLOYEES AS OF NUi',4iBER OF f~Q,L,!CE ~iL/ED',AND ASSAULTED The City of Boynton Beach, Florid~ ~.~r~ Pool Bond¢ Series E Dated September l, 1960 THE CHASE MANHATTAN BANK, N.A. 6 00~71 NUMBER OF COUPONS 40 NUMBER OF BONDS l0 ~AC= AMOUNTS 750.00 PRINCIPAL AMOUNTS 10~000o00 TOTALS 10,750.00 2z 3/~/7;- 2o zs. 75 375.00 22 9/1/71 20 18.75 375.oo · - l0 1,000.00 10~000.00 The above coul~ ms were ~id Lng ~';~ Sept~ber 29, ~9~* ~ the period of Pebr~ 22, 19"l th~