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Minutes 03-07-72MINUTES OF THE P. EGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH~ FLOP~IDA, TUESDAY, MARCH 7, 1972 AT 7:50 P. M. P~ESENT: Robert B. Effron: Mayor Mrs. Emily Jaekson~ Vice Mayor John L. Ar~hie~ Councilman Harold Blanchette, Councilman ]avid Roberts, Councilman Mrs~ Tereesa Padgett, City Clerk & Acting City Manager Gene Moore, City Attorney Mayor Effron called the meeting to order at 7:D0 P. M. The invocation was given byMonroe Gaultney~ Ministerial St~.dent, Palm Beaeh At]a~ltie College~ followed by the Flag Salute led by Councilman Az~hie. Announcements Mayor Effron announced that there will he a joint meeting of theCityCoun- cji, the Planning and Zoning Board, and the City's Planning Consultants, Candeub~ Fleissig and Associates, on Thursdays March 9th~ at 2:00 P. M. The purpose is for the Consultants to p~esent the first stage of their work~ and at their suggestionMr. Prank B~utt of the A~ea Planning Board has been invited to attend. The Mayor also anno%mced that there was a~eaent study made with regard t? the garbage collection procedure. It has-been determined that it wm!i revert back to the original schedule of Monday-Thursday and Tuesday-Friday for residential collection, effective Mamch 6, 1972. Also: the Palm Beach County Chaz~er Commission will mee= here on Thursday, March 9th at 7:50 P. M. This w~]] be for th~ purpose of discussing pros and eons of the proposed cha~ter revision. It was also announced that there will be a meeting of the Florida Depart- merit of Pollution Control in West Palm Beach on March 20, to consider Palm Beach County regional sewage plan. Also, the State of Florida Depa~.~nt of Transportation will he holding budget hea~ings ~ plan Department of Transportation program for the fis- cal years 1972-73 through 1976-77 in the district office in Ft. Lauder- dale, on Ma~ch 23, 1972. At this meeting Palm Beach is scheduled on secondary roads at 2:15 and primary roads at 2.$5 P. M. The Mayor then announced that there would not be any discussion tonigkt with regard to the fou~ Public Hearings that were held on the zoning map aud zoningregulations. ~twas fetfthatthis Council wanted to sit down ~ith the Planning and ZoningBoard and the City Planner at a joint meet- ·ng and go over the objections and suggestions that came from these public hearings. A meeting will be scheduled in this z~eqard, and notifi- cation will he made as to when Couneil wlll act on the above. .P~esenration of K~e~_t_o__C~i_ty to __Miss Boynton Beach ~ayo~ Effron stated that last Saturday evening the Jr. Women's C!ubdid a remarkable job staging the Miss BoyntonlBea~h Pageant, Mrs. Joyee -i- MINUTES REGULA~ CITY COU/~C!L M~ETING MA~CH 7, 1972 .~resentation of Key to City to Miss Boynton ~e.ach, cont'd. Barkley~ President, and Mrs. Ca~o! MaNamara~ Co-Chairman for the Pageant, were p~esent at the meeting. Mayor Eff~on introduced Miss Boynton Beach, Miss Janean Grove, and on be- half of the City Council and residents of the City oF Boynton Beach, pre- sented her with the Key to the City and wished her luck in the Miss Flor- ida Pageant in Orlando. Miss Grove expressed her thanks, the people have been so gracious and she is proud to have this honor: and she will do her best to represent the City. Introduction of Guests and ~ivio Group Representatives Har~y LeFomt, Village Royale and Hnited Boynton Civic League Robert Beyrer~ Ho/ted Boynton Civic League R. B. Vastine~ Leisureviite F. C. Van Deusen, Senior Citizens Albert Wehrell~ Boynton Isle - Lee Manor Gil Eekert: Hampshire Gardens Pauia Moore~ American Legion Auxiliary Anthony Newbold, Ridgewood Hills Eddie Mitchell~ P~ogressive Men's Club Mr. Lambe~t~ Chambe~ of Conm%erce Mr. O'Meara~ Cham~er of Commerce Mrs. Walter Trauger~ Sorosis MINUTES Regular Meeting - February 15~ 1972 Mrs. Jackson made a correction on Page 2; it should also be included that it was St. ated~a~d~zi was bamboozled. Mr. Arable mad~ a correction on Page 6; it should be included in the min- utes that Mr. Fankhouser threatened him. Mr. Blanchette moved to accept the minutes of February 15 as corrected, seconded by Mr. Arehie. Motion carried 5-0. SpeeialMeeting -Pebruary 16, 1972 ~r$. Jackson moved to accept the minutes of Feb~y 16th as written, sec- onded by Mr. Blanchette. Motion carried 5-0. -2- M~kNITES EEGUT-A~ CITY COUNCIL MEET/2qG F~d{CH 7~ 1972 PUBLIC AUDIENCE Mervin H. Mcintyre - re Palm Beach County Moratorium Mr. Mcintyre requested that the City consider supporting the Palm Beach County moratorium on rezoning. Consider cooperating with the County by passing a resolution of intent. There are three options: I. Resolution imposing moratorium on rezoning and annexation. Resolution not to annex and rezone to a less restrictive zoning classification. Not to rezone any land annexed to a less restrictive classification. Mr. MeIntyre read a portion of a letter that is in the process of being mailed to all municipalities. He stated that a property owner with land in the County adjacent to the City Limits could request annexation and rezoning during the periodof the moratorium, if granted this could circumvent the intent of the moratorium. He urged Council to support the Palm Beach County moratorium on rezoning. Mayor Effron asked how many other communities have been contacted? Mr. Meintyre answered all along the east coast~ not beyond the 20-Mile Bend. He has had the most success in Boca Retch. Mr. Blanchette asked Mr. Mclntyre if they have a timetabie~ as the City has a master zoning map we have been working on. Mr. McIntyre answered that the timetable is 12 months, they say they will have a land use plan completed in 1973. They have hired 3 additional planners and are now looking for a graphics expert to do the map work. Mr. Archie stated that we do have already an ex/sting moratorium on the books: and he made a motion to turn this over to the City Planner and the Planning and Zoning Board to come back to Council with a recommendation at the next meeting~ and furnish Mr. McIntyre with copy of moratorium passed by the Couneil~ seconded by Mr. Blanchette. Motion carried 5-0. Robert Beyrer stated that at the last meeting P~rs. Ja~son made several worthwhile recommendations in regard to fire protection in the highrise proposed by the Miami Diocese. He would add one recommendation to what Fas. Jackson recommended~ that is~ that the Miami Diocese be notified that this City furnishes protection to 4 story buildings only: and would not care ~o protect highrise. We are not geared to fight fir~s in a 7 story buildzng, it would be safe to suggest to the Miami Diocese that the City does not want to spend $100~000 for the fire pz~otection of one building~ that this would have some bearing on whether or not the Diocese persists in their application. -3- MINUTES REGULAR CITY COLHN~IL h~ETING ¥~2~CH 7~ 1972 PUBLIC AUDiENCE~ conrad. Eddie Mitchelt~ ~29 N. E. t2th Avenue, stated that at the last meeting he asked about drainage on N. E. lOth Ave., and he was told that it would be on this Agenda. Me wanted to know why it is not on the Agenda? M~. Clark stated that the County is working on plans for a 60' right of way. Mr. Mitchell stated he is not interested in the 60~ right o~ way, he is interested in the drainage. He was told that this drainage had been completed: but after the rain onSunday water was across the street and all up and down the side of the road. He does not see how the drainage could be complete. Mayor Effron stated that it was the understanding that the drainage had been taken care of, ar~ he would suggest that ~he Engineer get on this and get something done. Mr. Mitchell stated Councml should get behind the Engineer and Public Works Dept. to get something done on this. PUBLIC HEARING 8:00 P. M. Parcel Lots 7 & 87 Block 2 Palm Beach Count-z%; Club Estates Recorded in Plat Book 1i, Page 45 Palm Beach County Records Applicant WflliamH. Albury~ Jr. Address 150 N. E. 8th Avenue Request C-1 to R-1 No one appeared against the request. Mr~ Albury was present to represent his request~ he stated that the area around this parcel is developing. Across the street iow cost houses are being built. He would like to build a one family dwelling. The Planning $ Zoning Board voted unanimously in favor of ~ranting the rezonin~$ it is upgrading the zone~ which is not often requested. Mr. Moore re~ Ordinate No. 72-8, ~anting change in zoning from C-t to Jackson moved to pass Ord. ~72-6 on first reading~ seconded hy Mr. Archie. Motion carried 5-0. P~BLIC AUDIENCE~ eont~d. Norman Hands, 1119 N. Seaerest Blvd., objected to the fact that if you call the Police Department you have to give your name and your ~whole life history before they will come.~ That is why there is no cooperation with the Police Department. Mr. Hands also objected to the City charging $7.50 for the removal of a load of t~ash. He also suggested that somethin~ be done about the junk ears in the area. He counted 5~ junk cars~ they caonot be driven. He would appm~eiate someone eheekin~ into this. MiIIN/TE S REG~t~t~ CITY COUNCIL MEETING PL%t~CH 7, 1972 PUBLIC ATdDIENCE, ~cgnt ~ d. Mr. Adams: 134 N. E. 10th Avenue, representing Colby Organization: men- tioned an incident that took place on 10th Avenue which he would cai1 police brutality. Police coming in the neighborhood running kids a~ound waving his gun. if anybody ~uns his kids somewhere you might have to put the King Alfred Plan into effect. He also stated that the present Council is not spending the taxpayers' money right~ ~nd for the longest time the Council has been wrong. He stated/~e is not making any threaten- ing statements~ but he hopes the- situation changes in the future or it might create a situation such that the City might have to re-enforce. He is going to do anything he can to bring on ttutt change. He is bringing this to Council so they will know before everything starts t~/cing place. Mayor Effron explained that the City has received a Federal ~rant for up- dating the PLaster Plan. The first stages of this plan will be discn~ssed at the meeting on March 9th. Included in this plan is everything per- taining to Boynton Beaeh~ housing: etc. As ~a~ as the drainage probiem~ the referendum was defeated l0 to i, s.o we are going to have to take money out of the budget and allocate it to various drainage a~eas. Appar- ently~ it is not being drained properly on 10t~ Avenue. The Engineer and Public Works Dept. will cheek t~is out further. P. C. Van Deusen~ 227 N. E. 22nd Ave.~ stated that a t~affic light has been approved at No~th Federal Highway and 22nd Ave. He asked if there is something that can be done to get this in this year? There will b~ ~4~ more un,ts to Vm!lage Royale and there will be a terrific tra£fie Mr. Archie Stated that this was accepted by the DOT~ but they sent a let- ter stating that they are going to put us off for a year. O~ T. McLean~ 911 and 906 South Federal Highway, stated that his service station used to be Jacques Arco~ now it is Mobile Gas. He feels he is going to get legal help from this company. He also stated that he has been getting threatening phone aal!s stating ~ou will get yours~ he recognized the voice. He contacted the phone company and they know who the person is. He will prosecute this oase~ and~ it was recommended to him that he go through a taw en~oz~ement agency other than Boynton Beach Police Department. He furthe~ stated that he has physical evidence of police brutality (showing his arm). It was stated by h~s' Attorney that ~I would hate to be in those Police Offieers~ sho~s.~ BIDS ~arding Annual Supply Mr. Sullivan gave the low bidder in~ each case. Chlorine Gasoline & Oils Allied Chlorine g Chemical Prod.~ Inc. Flamingo Oil - Motor and Diesel Oil Gul~ Oil Co. -Gasoline, Trans. Oi!, Non-Dot. Oil~ Auto Trans. Fluid g Chassis Lube Seaerest Petroleum - Diesel MINTdTES REGULAR CITY COUNCIL MEETING M~ARCH 77 1972 Awardin_g Annual Supply~ cont'd. Shell Rock Pit Lime Rock Cold Mix & Type 2 Asphalt Galvanized Pipe Cast Iron Pipe Batteries Tir~s Water Meters Keatts H. Wiilard Trucking Rubin Construction B. g H. Sales Inc, Htility Supply Federal Copper & Aluminum Co. Southeastern Municipal Supply Co. A. g B. Utility Supplies~ Inc. Mueller Co. Davis Meter & Supply Co. American Cast Iron Pipe Company B~yntonAuto Supply Gocdyear~ Boynton Beach NeptUne Meter Company The Bid Tabulation Committee recommends that these bids be accepted. Mr. Blanchette moved to accept the recommendation of the Tsfoulation Com- mittee andaward these bids, seconded by Mr. Roberts. Motion carmied 5-0. ~onstruetion of appro×imately 550' of Roadway (N. W. 5th St.) The iow bidder was Hardrives~ Ine.~ in the amount of $6~888.00~ 60 days. Mrs. Jackson moved to accept the bid from Hardrives~ Inc. in the amount of $6:888.00~ 60 days~ seconded by Pm. B!anehette. Motion carried 5-0. LEGAL Ordinance No. 72-5: 1st Reading - Removal of City Manage~ The City Attorney read Ord. ~72-5. Mrs. Jackson moved to pass Ord. ~72-5 on ~irst reading~ seconded by Mr. Roberts. Motion carried 5-0. Resolution No. 72-E - Florida Dept. o~ Transportation, Utilities Agreement The City Attorney read Res. V72-E. Mr. Arabic moved to adopt Res. ~72-E~ seconded by Mr. Bianchette. Motion camried 5-0. Resolution No. 72-F - Establishing Rules of Conduct~ Civic Center Complex The City Attorney mead Res. ~72-P. Mrs. Jackson moved to adopt Res. seconded by Mr. Amebic, Motion carried 5-0. Resolution No. 72-G - Amending Civil Service Rules The City Attorney read Res. ~72-G. Mr. Arehie moved to adopt Res. seconded by F~. Roberts. Motion carried 5-0. -6- MINU~ES REGULAR CITY COLhNCiL ME~YING MARCH 7, 1979 ~LEGAL: ~ont ~ d. Assignment of Claim Mr. Moore explained that theme was a dispute between the Leisumevi!te As- sociation and the developer as to who should pay ttuis outstanding claim for water serviee~ in the base amount of $2~791.70o Caldos Corp. has made pa~ent in fulls in consideration of oum assignment to them of the c!ai~L for whatever legal effect they may be able to effect if they desire to pursue it further. Authoz~ization should be made to sign the claim. Mm. Arehie moved to authorize the Mayor and City Clerk to sign the ctaim~ seconded by Mr. Blanchette. Motion caz~ied 5-0. Refunding Agreements Mr. Moore~ City Attorney, stated that several years ago Council adopted a resolution authomizing entry into mefunding agreements whereby developers would advance funds for extensions from existing utility systems to the/m subdivisions~ and then certain percentages would be worked out~ basically upon recommendations of the Public Works Department, and now the Engineer- ing Dept. Procedure was also adopted that all matters concerning refund- ing agreements would be approved by Council. Possibly the procedure should be reviewed as to whether Council desires to continue on this basis. He feels that refunding agreement policy should be reviewed by Council as soon as possible to see which direction they wish to take in the futume on this. Mayor Effron stated that he has noticed that there is much inconsistency on this refunding agreement. His feelings a~e that the refunding agree- ment should be reviewed to see if there is any point in any f~ther r~fund- lng agreements. Mr. Moore stated that the biggest pmobtem is that there is no uniform crite~ia. Mr. Arehie stated that the precedent has pretty well been established. We are in the utility b~siness and cannot tumn our head away from cus- tomers. This request should possibly be granted~ since other ~equests have been granted this year. We should have a mecc~mendation from the City Engineer as to what course to take in the immediate ftfcure. Mr. Az~lhie made a motion to authorize the agreement up to $4:500 or maxi- mum amount spent to install facilities. Motion died~ lack of second, There was considerable discussion and the Mayor suggested that Mr. Clark ~d ~. Hopkins review this refunding agreement and give Council some guidelines. There is no consistency whatsoever. Mr. Moore stated that there should be a motion to deny the request if that is the wish of Council. There is a policy in effect and a number of re- funds have been g~anted. The matter before you now is the refunding -7- MthRFfES RE~dLAR CITY COUNCIL MEETING MAtlCH 7~ 1972 Refunding Agreements, conttd. agreement with M~s. Preiditsoh. Mrs. Jackson moved to table Mrs. Eleanor M. Preiditsch~s application for refunding agreement until the next meeting~ seconded by PLy. Blan- chette. Motion carried 5-0. Wreekar Service Mr. Moore stated that this issue is still before the C0u~t. He believed that one of the possible methods of settlement was to adopt a formal dinanee. He has investigated this with other Police Departments and for legal and pmactieal reasons would at this time recommend that Council recede from the recommendation he gave them previously that a formal wrecker rotation service be established pursuant to ordinance~ and that the matter simply be left with the Police Department to handle adminis- tratively, at least until suehtime as the pending litigation can he resolved. Mr. Archie moved to rescind his motion of February i5th regardingwrecker service: and leave it to the Police Department to handle adm$~nistrative!y~ seconded by M~. Blanchette. Mrs. Jackson stated this is unfair to some people in business. Motion carried 4-0. Mrs. Jackson abstained. Dick Sequin~ 157 N. E. 2nd Ave.~ Suite 1, of A B C Towing Service, stated that the City has junk car removal pmobiems. These problems would be solved by a contract. Mr. Sequin gave a!lhis qualifications for Council to consider if in the future they decided to have a contract. Palm Beach County Municipal League re Municipal Cou~cs Mayor ~ff~on st~ed t~at the Palm Beaeh County M~ici.t~! League has sent ~ semp£e resolution with regard to the proposed abolition of Municioa! uourts. He would like to get the feelings of Council as to whether~or not to turn this over to the City Attorney. The Couneii was not desirous of this. OLD BUSINESS ~ppointments to Boards g Committees 1. Community Relations Board. Mayor Effron suggested Mrs. John Rayle be appointed to this Board. Mrs. Jackson moved to appoint Mrs. John Rayle to the Co~nunity Relations Board, seconded by Mr. Blanehette. Motion carried 5-0. -8- MINUTES P~EGHLAR CI~Y COUNCIL MEETING MBRICH 7~ 1972 .~ppointments to Boards g Committees, eon~.'.d. 2. Cha~ter Revision Committee Franklin B. Rogger and Martin R. Durkin have resigned from the Committee. Also~ the Committee recommends that Council appoint the four additional members. Mrs. Jackson suggested that the Couneit m~z%bers who appointed the two that resigned appoint two mo~e. Mr. Archie appointed Edythe G. Hood and James J. Mahoney Mr. Roberts appointed Walter M. Trauqer and Joseph DeLong Mayor Effron appointed Donald Payne Mrs. Jackson appointed Prank McCoy, Jr. Mr. Roberts moved to appoint these six to the Cha~ter Revision Committee~ seconded by Mr. Arohie. Motion carried 5-0. 3. Community Appearance Board The Board recommends for appointment: Chauncey Buck~ Registered A~chitect and Albert Wehrell, as regular members, and James T. Pear~e and Mr. Norman B. Merkel as Alternates. Mrs. Jackson moved to accept the recommendations of the Board, and appoint the above named tot_he CommunityAppearance Board~ seoondedbyMr. Archie. Motion carried 5-0. 4. Central Business District Development Board Mr. Largent explained that the Central Business District Development Board would be working with the Planning Consultants~ and this Council, in creatinu a new Central Business District. At this time we don't have an identifiable Central Business District, as it is difficult to identif~y. This Board would consist of Businessmen in the Mayor Effron recommended waiting until we hear Candeub & Fleissig, and then possibly move cat on this. M~s. Jackson move~ to table appointment of the Boa~duntil the meeting on Thumsday~ seconded by Mr. Archie. Motion ca,tied 5-0. Storm Drainage - Ward H. SturGes Request Mayor Effron stated that a memo received from Mr. Hopkins states that this storm drainage system is adequate. However, this is a private storm drainage system~ and is not controlled by the City of Boyn~on Beach. -9- MINUTES REGULAR C~Y COUNCIL MEETING MARCH 7: 1972 Storm Drainage - Ward H. Sturges request, Co~t~. Mr. Ward Stumges: 128 N. W. 10th Ct.~ asked fora a copy of M~. Hopkins~ po~t. He stated that he is prepa~ing a petition to be pmesented to Coun- cil on this matter. He also stated that Sunday during the heavy main system proved to be inadequate. The catch basin filled up to over£1owing and N. W. 10th Court was flooded. This facit~ty approved by the City is inadequate: and he wi!! have a petition at the next meeting. Mr. Stu~es also stated that eu inspection was made of the pipe: and no sand was found~ as was stated by M~. Cla~k. : B. Vast~ne stated that the catch baszn xs en Czty pmoperty and any t~on is up to the City. It is on dedicated City prop~z~y and it is up to the City..He also stated ~hat no sand was found in the pipe. He hopes that Council takes no ~irm ac~i,on.~ntll heaz~ng frcm the resid~ts of N. W, l~h Ct. ~d the Bo~ of D!~e~s of ~surevi~e is support~g them ~ously ~ ~ei~ ~d~v~. .M~. C. la. rk stated that ahou~t 5 months ago he inspected the catch basin and rouna it to be cove~ed with 'sand on the bottom. Mr. Arehie mc%,ed this be taken under advisement, seconded by Mm, Blanchette. Motion taxied 5-0. Request of Nolan E. Williams re Paving Portion of S. E. 2nd St. Mr. W~l~ams ~equests paving of a portion of S. E. 2nd St, ~ and that the City pay the entire amount. b. WillY. ams stated that it appeams the street has been paved at one time. He stated that he would continue the cumb if the City would put in the street. He extended the sidewalk at his own expense. M~. W~ll~ams would like to rent half of a buitdin~ but he can't because the street is not Daved. Mrs. Padgett stated that Mm. Clark has said the~e is some evidence that it may have been paved at one time. Mr. Hopkins stated that funds are available. M~s. Jackson moved to use the Road ~und to repair this street, seconded by Mm. Bianchette. Motion caz~fed 5-0. Mayor Eff~on suggested to cheek into some of the requests to see if they amc prior streets. Request to dispose of Surplus Equipment_ Mr. MOome stated if the Purchasing Agent establishes, value under $1~ 000 it could be determined Surplus and disposed of administratively, but i~ any items are valued o~em $1:000, Council should proceed with competitive bids and sale. -10- MIt~UTES REGULAR .CITY CO~CIL MEETING MARCH 7~ 1972 Request to Dispose of Surplus Equipments conrad. Mr. Sullivan stated he intended to use the items for trade-ins. A~ter discussion of the items it was decided the value was over $1~ 000. Mr. Hopkins suggested placing a minimum bid on the items~ as bids have been very low. Mr. Archie moved to instruct the Purchasing Agent to go out to bid per in- struction of the City Attorney, seconded by Mrs. Jackson. Motion carried 5-0. Municipal Beach (Mr. Archie) Mr. Archie made a motion to turn over to the new City Manager and Mr. Prederiak~ Recreation Director~ instz~dctions to return to Council within 30 days a suggested policy for ehar~g evemyone except Boynton Beach resi- dents for parking on the beach, seconded by Mr. Blanchette. M~s. Jackson stated that we are close to getting more beach. Mr. L~r~ent is working with Ocean P~dge, and she would like to see this postponed so that chances of getting more beach a~e not jeopardized. Mayor Effron stated that we were invited to their workshop meeting~ in at- tendance was Mr. Frederick~ M~. Largent~ Mr. Kelly~ Mr. O~Meara~ Mr. Lam- bert and Mr. Effron. There was ta~¢ for an hour and a half on additional beach acquisition (1100 addition feet of beach). The presentation was favorably accepted by the Commissioners of Ocean P~idge. He would request that we holdup on this study until we hear from their meeting. Mr. Archie stated that they were going to do everything to go along with us to get more beach, that was 6 months ago! Mr. Roberts stated that whether there is no further beach acquisition or not the study should still be made. Motion carried 4-!. N.~ R. Field Agreement re Sewer Connection Chaz~es Mr. Moore stated that this keeps coming up. His interpretation of the Agreement covering these lots is that there should not be any tap-in fee against Mr. Pield. Mrs. Jackson made reference to several agreements and stated that we should be living up to ou~ water & sewe~ bond agreement, if we have so much money we should use it for expansion or lower water rates to people who live in the City. After considerable discussion Mrs. Jackson made motion to have the Acting City Manager w~ite Mr. Fields that we are living up to our wate~ and sewer indentures 62-I and 64-FF and bond issues as per agreement of April ~4~ 1962~ seconded by Mr. ~oberts. Motion failed 2-3. MINUTES REGULAR CItY COUNCIL M/AWdTES MARCH 7~ 1972 _P. Mopos.~d Regional A~e.a~ (Mrs. Jackson) Mrs. Jackson stated that there is a meeting on March 9th at 3:00 P. M. of the Area Planning Boa~d. Should we have Mr. Clark go up to the meeting? Mayor Effron stated that according to the latest report service a~eas have been cut ~ ~to 5~. Boynton is still in that 5. He will meet with Prank Brutt~ ~e~ ~Piauning Boa~d, .on Mar?h 8th~ and find out if Mr. Clark's presence is neCesSary at the public hearing. Mrs..Jackson stated that Detray has an outfall~ and she believes that wi_thin 5. to 1.O yea~ b~ails will be against the law because of pollution. A~ter dzscussmon tke'~attem was re, ciTed back to Mrs. Jackson. Determine Date an~Time to Meet with Devet .o. pers The Mayor stated that a meeting should be set up with all the Developers requesting water and sewem se.z~.ice with or without annexation. We told the developers we would take th/s Under advisement, and we owe the respect to come back to the developers. The meeting was set for March 16th at 2:00 P. M. RECESS NEW BUSINESS Request of St. Joseph's Episcopal Church The request is to use the football field for games this year. Mr. Archie moved to accept the recommendation of Mr. Fredez~e/c~ and this be handled administratively, seconded by Mrs. Jackson. Motion ca~ried 5-0. Request of James D. Carlton Mr. Carlton~ on heha!~ of Kam Construction Company~ explained that in de- veloping L~ce Eden a decision was made to widen the cana~ to make the a~ea more desirable. He then became aware of the fact that there is an ordinance that requires a permit to do this kind of work, after the work had been started. The Building Department suggested this matter he brought hefoz~ the City Council for approval. An affidavit~ wh/ck~ Mm. Carlton read~ will be filed with every deed: so that the pumchaser will know that his property line extends into the eanal~ Permission for a post-facto permit to be issued is requested. Mr. Blanchette asked how wide the canal was before it was widened? Mr. Camlton stated it was ~5 feet~ and now it is about 60 feet. That leaves a 135' lot remaining. The plat shows 160~ iot% that means 25~ would be in the water. This would still make these lots larger than the MINUTES REGULAR CiTY COIINCIL MEETING MARCH 7~ 1972 tlequest of James D. Carlton~ c~ut~d. other lots in the area. The existing plat or, file with the City of Boyn- ton Beach shows the lot dimensions of 1R0~ x 160'. There ~as discussion on whose responsibility it is to maintain the canal - the City~ the Developer: or the County? It was stated that the County has been maintaining it. In answer to a question the statement was made that the water's edge would be used for thc municipal setback line. Mr. Carlton stated that the work is about 50% completed. M~. Arabic stated that it is very surprising that a developer and engineer and builder in business for many years would not know that you had to get an excavating permit. He %,~ould not vote to allow this if not for the fact that it is 50% accomplished. M~. Are-hie moved to allow the excavating per, mit: seconded by Mr. Blan- chette. Motion ca~ried 5-0, Mr. Carlton expressed apologies for not getting the permit to begin with. ADMINISTRATIVE Consider Engineer's Recommendation re Storm Sewers Mr. Clamk recommends extending storm sewers on N. W. D~d St. to 8th Ave. There is money available ~or this construction. Mr. Are_hie moved to accept the recommendation~ and go ahead with storm sewers on N. W. 5rd St. (approximately 400'), at a cost of approximately $22~000: seconded by Mrs. Jackson. Motion carried 5-0. Mr. Arehie moved to go out for bid~ seconded by Mr. Blanchette. Motion carried 5-0. Extension of S, E. 2nd Ave. across FEC Tracks Mr. O~Meara stated that the Chamber of Commez~e recommends this extension. The cost for the?t{ crossing is approximately $35~000~ cost for paving the street is approximately ~t0~000. This crossing is recommended because of three different areas. He explained the three ~easons: and reeon~nended proceeding with haste to have this crossing built. He also stated that the Chamber of Commerce could go out and raise money for this, but it would not be practical. Mr. Are.hie suggested paying approximately $20~000 for it out of unappro- priated surplus~ and earmark $25:000 in next year's budget. Mr. A~c_~e moved to go ~ead with paving~ and attempt to raake a contract with FEC~ and ask for at least the maintenance charge to be split~ and maybe the entire cost to be split down the middle; seconded by Mrs. Jack- son. Motion carried 5-0. MINUTES REGULAR C~Y COUNCIL ~ETING MARCH 7~ 1972 ADMINISTRATIVE ~ cont ~ d. Recommendation of Russell & Axon ~e E_ .x~sion of Water Facilities. Russell g Axon has set up a project for 1972, 73~ 74 and 75. Mayor Effron asked Mr. Clark if he has had an opportunity to go over this proposal, as fa~ as ~equired engineering services for this expansion. Mr. Clark stated we should get a separate survey by the U. S. Geological Survey. After further discussion Mr. Arehie moved to table this item~ seconded by Mrs. Jackson. Motion ca~ried 5-0. Applications for Permit to Solicit 1. Atlantic High S. chool Eaglette - strie/<en f~om Agenda 2. Wilson Park Little League Association 5. Boynton Beao~h Moose Mrs. Jackson moved that the requests be granted, seconded by Mm. chette. Motion carried 5-0. Requests of Police Department 1. Transfer of Funds to purchase Air Conditioner The request is for $300 to be transferred £romunappropriated surplus for an air conditioner for a 1968 Pontiac~ an accident investigation vehicle. Mrs. Jackson moved that the transfer be 9manted~ seconded by Mr. Blan- ~ette. Motion carried 5-0. 2. Jail facilities during construction Of Police Complex Mr. Moore stated that Chief Hudd!eston requests use of the De!ray Beach Police Jail facilities. While the new Police Station is under construc- tion there wilt be a shortage of jail space. He has approval of Delray Police Chief~ provided the Attorney works out the legal matters. Mrs. Jackson moved to grant the mequest~ seconded by M~. Blanehette. Motion carried 5-0. Recommendations of Personnel Officer !. Establish Policy on Personnel Files Mr. Sullivan stated that he realizes all city records are open to the pub- lie~ but he feels that the emptoyee:s personnel file is different. He provided Council with a sample ordinance that the City of West Palm Beaeh uses. -14- MINL~ES REGULAR CITY COLR~CIL MEETING ~LARCH 7~ 1972 Establish Policy on Personnel Files, Cont'd. Mr. Moore stated that no one is denied the right to see these records~ but a person should come before the City Council and show just cause to be shown personnel records. Mm. Moore read Resolution No. 72-H. Mr. Amebic moved to adopt Res. ~72-H~ seconded by Mr. Btanehette. Motion carried 5-0. 2. Cost of Living Increase Mr. Sul l~van provided Council with latest Consumen Prime Index figures. Funds were placed in the budget for a 5% increase for the classified em- ployees. M~. Arehie moved to g~ant the request~ seconded by Mr. Blanchette. Motion carried 5-0. Change in Classifications Mrs. Padgett recommends that classification of Police Secretary and See- rotary to the City Manager be eliminated~ and have classifications of Secretary Is Secretary II and Secretary III. This does not change any- onets pay ~F~ade, but will conform to other classifications that have three or more levels of the same classification. Mrs, Jackson did not feel this wa? the right time to make the change. Mr. Sullivan also thought the timmng was not might. He also feels that Police Secretary is a ~special item.~ After discussion Mr. Roberts moved to defer the item, seconded by Mr. Arehie. Motion ea~ried 5-0. 4. Addit~ona_ Compensation for Acting City Manager Mr. Sullivan stated that in the past we have paid the Acting City Manager $50 a week increase in saiaz~. He reco~mnends that Mrs. Padgett be paid this $50 a week for her Acting City Manager position. He also ~ecommended that the actual dates be extended two weeks, because she will he working with the new City Manager. Mr. Blanchette moved that the request be granted for Mrs. Padgett to re- ceive $50 a week for Acting City Manager position. Motion seconded by Mrs. Jackson. Carried 5-0. Council agreed that Mrs. Padgett is very much entitled to this. Request to Advertise for Bids 1. T? ex?and the Game Room at 9ivic Centem (In the budget) 2. C~eanmng ar~ painting exterlor of the City Hall building -15- M~-~UTES REGULAR CITY COUNCIL MEETING MA~CH 7, 1972 ~Requ~st to Advertise for Bids~ cont'd. Mr. Arehie moved that the request be granted and f~nds be authorized out of unappropriated surplus for painting City Hall: seconded by Mrs. Jackson. Motion carried 5-0. Approval of Bills Adams Chevrolet Hawkins & Hamilton Hardrives~ inc. Palm Beach Dodge Darden Equipment Neptuns Meter Co. Florida East Coast Railway Co. Russell&Axon, Inc. M. J. Hemminger~ Inc. 10,485.00 1~545.00 t9:985.O0 103335.04 1,506.00 5,105.52 2:t61.70 10~826.7t 45:853.00 Mrs. Jackson moved to pay the bills~ seconded by M~. Blanchette. Motion ca~ried 5-0. Mr. Sullivan asked why~ after a bid is approved: does it cOme back to Council to be authorized? It was stated that Council approves the bid, but then it c~mes back for aetuai payment of the bill. Then, if something is wrong with the bill, it would not be paid. Mr. Moore, City Attorney, announced that cheek in the amount of $5,294.14 from the State Depaz~3ment of Transportation~ in payment fo~ the relocation of the City's facilities, Section 93509-6601, South 15th Avenue, Paree! 4 (R/W 260!)~ coveming work done in 1968, had been received. ADJOHRNME~ Meeting adjourned at 11~30 P. M. CITY OF BOYNTON BEACH, FLORIDA bert B. Effron, ~br I h, Archie, Councilman MIt~dTES REGULAR CItY COU~NC!L ¥£ETING MARCH 7, 1972 David Roberts, Couneiim~ Attest: City -17-