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Minutes 07-06-71MINUTES OF REGULAR CITY COUNCIL t~ETING HELD AT CITY HALL~ BOYNTON BEACH~ FLORIDA~ TUESDAYs JULY 6~ 1971, AT 7:50 P. M. PRESENT: Robert B. Effron, Vice Mayor M~s. Emily Jackson~ Councilwoman John L. Archie~ Councilman Harold Blanchette ~ Councilman ABSENT: For~est L. Wallace: Mayor C, Q. Jones~ Jr.~ City l~nager Gene Moore~ City Attorney Mrs. Tereesa Padgett~ City Clerk Vice Mayor Effron called the Regular Meeting of the City Council to order at 7:32 P. M~ The Invocation was given by Rev. Boston W. Turner~ Retired~ followed by the Flag Salute led by C. Q. Jones~ Jr.~ City Manage~. Introduction of Guests F. C. Van Deusen, Senior Citizens Shuffleboard Club Robemt Beyrer~ Sterling Village Sr. Citizens & United Boynton Civic League R. B. Vastine ~ Leisurevi!le Homeowners Association Dave Roberts: High Point 3 James O~Meara~ Chamber of Commerce Mrs. Jackson introduced her grandson and granddaughtem~ Pammy and Brucey ~ Mr. Effron recognized membems o~ the ~ress~ Dorothy Henriq~es oft he Times~ Georgma Martinez of the Miami Herald~ Joe Torohia of the Palm Beach Post M~N~TES - Reveler meeting~ June t5~ 1971 Mrs. Jackson clarified Page 2~ second paragraph - they refers to the County Commission. Mr. Jones added that on Page 6 the letter from Mr. Hopkins stating that he had no objections to issue a blanket permit should also state that collection should be restricted ~o individual commercial accounts. Mr. Archie moved that the minutes be accepted as co~mected~ seconded by /~'~. Blanchette. Motion carried 4-0. PUBLIC AUDIENCE Mm. O~Meara ~congratulated the City on the excellent display on Charunel 12 Television Saturday night. The progmam was received very well and was an excellent show as far as Boynton Beach. -1- MINUTES REGULAR CITY COUNCIL MEETING JULY 6~ 1971 PUBLIC AUDIENCE ~ conrad. Mr. Canavan wished to speak on Item 5 Administrative Mr. Vastine expressed sincere thanl~ for the cooperation in getting the lights for Leisureville. Are planning a request for additional lights on S. W. 18th St. and apartment entrance. He also mentioned that the County plans to set up a voting precinct in Leisureville ~ and wants the City to think along this line in the future. Mr. Vastf~ne also stated that they were hit hard with the current assess- ment. Many of t~ne residentS are going to enter formal protests. What- ever Council can do to help would be appreciated. Arnold Stroshein asked to speak on Item B Public Hearing. Robert Beyrer addressed the Council on Beach Acquisition at the last meeting~ and again will speak on the matter at this time. As a bond fi~cnlme will be set for the Police Complex tonight~ ~. Beyrer feels tha~ both of these items can be accomplished. Urged Council to take matter into consider-ation. the Vincent Molle asked to speak on Item A New Business. Y~s. Marjorie Teck stated float she understood that the Shepard Parcel was purchased and that the Master Plan is being worked on. She asked if the old Fire Station property has to be used for Civic purposes. Mr. Jones stated that the possibility of using it for a Teen Center was considered. She also stated that the Police Complex ~ouzd be located bet~.~een two railroads, on the highv~y it could be located easily. Something should be done about the appearance of the old Fire Station as it is in the center of to~n. Mr, Effron stated that the old Fire Station ~,ms condemned~ and the possibility of using the old Police building ~om a Teen cen~er or the Historic Society and a park has been discussed. Omdinanees - 2nd Reading Ord. ~71-t9 - establishing procedures for Municipal Trials by Jury Mr. Moore read Ord. [~71-19. Mrs. Jackson moved that Ord. [~71-19 be passed on second reading~ seconded by Mr. Blanchette. Motion carried -2- MINUTES REGULAR CITY COUNCIL JULY 6~ 1971 _LEGAL ~ cont'd. Ordinances - 1st Reading Ord. ~-71-t8 -Amending Emergency Ordinance i:71-13 re speed of t-mains ~. Moome mead O~d. ~71-18. M~, Btanehette moved that O~d. ~71 18 be passed on emergenoy basis ~ seconded by ~s. Jaakson, Motion carried 4-0. Proposed Ord. ~71-20 - amending the Building Code (Sec. 5-2) P~. Jones recommended that Omd, ~F7!-20 be tabled for further adminis- trative details. ~s. Jackson moved that Proposed Ord. ~771-20 be tabled~ seconded by Mr. Blanchette. MoTion carried 4-0. PUBLIC HEAR~[G Parcel Address Applicant Request - E, S0' of W. 356.07' of Lot 7 Lainhart~s S/D - 152 N, W. ltth Avenue - John and Mary Monaur - Change in zoning from R-1 to R-2 No one appeared for or against the request. The Planning and Zoning Board had recommended that the mequest be granted and that it be ~eferred to the Board of Adustment for a vari- ance. Mrs. Jaegmon moved that the request for a change in zoning ~rom R-1 to R-2 be granted and referred to the Board of Adjustment~ seconded by Mm. Arehie. Motion carried 4-0. Re - Paving and draining that portion of N. E. 7th St. lying between the southerly boundary of Boynton Place S/D and northerly right of way of N. E. 1Qth Ave, and the easterly 200' of N. E. 9th and 10th Avenues Resolution ]~. 71-V M~. St~oshein stated that there is a problem with the drainage~ per- taining to the property bet~een 7th and 8thAvenues. Suggested that the cost be shared on a 1/5 basis. Wanted to erect sea wails for beautification and ~o eliminatm flooding. Permit for the sea wall was denied. As it is now Mr. St~oshein has lost 57 feet of property. Ask that Council give consideration to dmain- ing and improving this property as soon as possible. -3- MINUTES REGULAR CITY COUNCIL MEETING JULY 6, 1971 PUBLIC HEARING, cont'd. Stanley Weaver stated that he owns t00 feet of the property involved. Only lose about 5-t0 feet of depth. Spent $3500 on nothing but sand and rock~ not so sure the property is worth the $3500. In favor of getting the street built. Mr. Weaver stated that his p~operty being in the downhill area all the water drains to his property, Something would have to be done to carr~y the water away. Mr. Weaver feels that ail the property o%~ne~s should share the cost, Have been paying taxes all these years ~ the City should share in the cost. He asked what provisions were being made for sanitary sewers. It was stated that a study is being made of the area. Mrs. Jackson stated that in 1952 it %~s asked to have the street re- paired and there hasn't been much since then. ~,~s. Jackson felt that she is speaking for the people in the neighborhood~ this section of the City has been neglected long enough. If the street was hard surfaced without the drainage it would be enough so the people would have the service. Mr. Blanchette agreed that something should be done~ but it should have the drainage~ otherwise the wa~er would des~oy the road again, motion was made by Mrs. Jackson to approve for paving the area bet~een 7th and 8th: seconded by Mr. Blanchette. Dr. Frank Ploud~e rece:~ed a notice of the Public Hearing and would like to have more information about it. He is not against it: but does not have any information about it. M~. A~chie stated that as it is not pmepared for sanitary sewers~ sug- gest that it be tabled and discussed at Workshop, Mrs. Jackson felt that it should be voted on now. The motion made by ~s, Jackson and seconded by Mr, Blanehette failed by a vote of 2-2, P~. Arable asked that Mr. Qones Dursue this matter. Mrs. Jack- so~ suggested that money should t~ budgeted to raise and re- P~am~%'E 7th St, be~.~een 8th.and 1D~hAvenues. ~ Tee ~mty Attorney state~ t~at mr woutG notb~ necessary to have a ~UD-- lie Hearing on the matter again, LEGAL~ eont'd. Resolutions Res, No. 7t-X - Appointing a City Enginee,~ (On the table) ~ motion was made by M~s, Jackson to have Res. No. 71-X remain on the table~ seconded by Mr. A~ehie. Motion carried 4-0. MINUTES _REGULAR CITY COUNCIL ~ETIN~ JULY 6: 197! OTHER A_ttorney~s ~eco~mendation - Agreement re assessing & collecting taxes The City Attorney recommended that we sign the agreement the County Assessor and Collector has presented: and withdraw from litigation. Mr. E£fron asked what steps could be taken if an area is undep-assessed. City Attorney stated that a position would have to be taken and then ask for an explanation. Mm. Archie moved to withdraw from the suit: and authorize the Mayor and Clerk ~o sign the agreement~ seconded by Mrs. Jackson. Motion carmied 4-0. Refunding agreements.- Resolution ~70-T Council has established procedure for refund on utility extensions. The purpose of this review is to determine whether the final approval should come from the administrative end or from Council. Mr. Archie stated that the final approval should come from Council. Mr. Archie moved that the final approval relating to Res. ~70-T be awarded to Council, seconded by Mr. Blanchette. Motion carried 4-6. Consider Lease Proposal - Park Area in SW Section - Palm Beach County The County has agreed to lease 4.5 acres in the Forest Hill area to the City for a park ~or $1 a year rom a 10 year period. The contract has been exam/ned a~d is in proper order. Mrs. Jackson moved to accept the offe~ at $t a year for 10 years and authorize signature of Vice Mayor and City Clerk~ seconded by ~. grchie. Motion carried 4-0. OLD BHSYNESS Request of Phil Moreno for a license to haul trash and commercial %~ste (On the table) Mm. Jones ~eported that Mayor Wallace requested that this item remain on the table until all members of Council were present. Mrs. Jackson moved that it remain on the table, no second. Mr. Archie moved that the item be removed from the table~ seconded by Mr. Blanchette. Motion carried 3-i. Mrs. Jackson voted ~no~· ~. Hopkins stated that if properly administered it would not affect the City's operations. It is not impossible for the City's equipment to accomodate the hauling of commereia! waste, but it is not as easy as the type of equipment that Moreno has. Suggest that it be controlled MINI]TES P~EGULAR CITY COUNCIL MEETING o~dLY 6~ 1971 OLD BUSINESS, conrad. fo~ a year and evaluate the over-all effect at the end of a year. This license should be limited to i~ndividual commercial waste. Mms. Jackson stated that when the new equipment was purchased it was stated that the equipment would do this work. Mr. Hopkins stated that it is true~ it is possible to do this work. Mr. Archie moved that the request be granted with the proviso that final approval rom eQl!ection of commercial waste be obtained from the Director of Public Works~ seconded by I, i~, Btanchette. Motion carmied 3-1. Mrs. Jackson voted ~no~. Discuss possible location of Vocational School (Mr. Archie) This was discussed at the last Workshop meeting, l~. Dutch had sug- gested a possibility that we might be a little short of ac~eage~ about 2 ae~es. If the School Board brought this up~ the best thing to do is have some land to offer in case we need it. Mr. Archie suggested the 20 acres in Aa. Sec° 5. ~ motion was made by Mr. Archie to make available the 20 acres in Ac. Sec. 5 to the School Board if necessary to obtain the Vocational School in Boynton~ seconded by Mr. Blanchette. Mr. Jones reported that Mayor ?Jallace had expressed his reluctance in offering more land as he feels theft enough property is available. The motion carried 4-0. Establish Police Complex Bond figure Mr. Jones reported that Fir. Alcock had made a proposal to raise the 1Lmit of the bond from $300~0G0 to $450~000. The purpose of the in- crease would be to t~ke care of the outstanding $160~000 loan at the local bank. The total cost of the Complex excluding land would be $250,000. The $500,000 figure included purchase of land. Since the land has been purchased, there is $50~000 in e×cess~ possibly could be used for fum- nishings. ~. Effron ~idn~t feel the figure should be raised because of the in- emease in interest. M~. Alcock presented Council members with a schedule of maturities based on the figure of $300~000. Mr. Arehie moved that Mr. Alcock be authorized to proceed with bonds mature in 7 years~ seconded by Mr. Blanchette. Motion carmied 4-0. ~o -6- MI~dTES REGULAR CITY COUNCIL JULY 6~ 1971 OLD BU~SI~,~SS, cont'd. Presentation of Plaque - Soap, Box Derby. Dennis Olsen presented the plaque as Skip Craw£ord, Chail~an~ v~s not able to attend the meeting. The Derby was very success£ul, It is the only Derby in PaLm Beach County. The plaque was presented on behalf of the Soap Box Derby Committee, the Lions and Kiwanis to the City Co~ncil~ in appreciation for never-ending endeavors for the youth of ou~ Community. The plaque was accepted with thanks and Mr. Effron stated that in the 9 years of the Soap Box Derby both he and Mr. Archie have participated ~or the 9 years. NEW BUSINESS Consider extension of sewer line - E. Ocean Ave. The area involved is the Intracoasta! and Ocean Avenue. Mr. Molle would like to build a restaurant and cannot get a certificate of occupancy unless there is sanitary sewers. A cost sharing agreemen~ has not been reached. Previously offered to go 50-50~ but that was not agreed upon. ~. Molle does not feel he should heve ~o pay the S30O to get the ex- tension up ~o his property line. The City should deal with other people in the area. After considerable discussion it was suggested that the matter be turned over to the City Msnager and Superintendent of Public Works~ with a recommendation to be brought back to Council at the next meeting. A DMi/~ISTI~ITIVE Receipt of Plat - Sutton Manom Mr. Andrasko asked for approval of the plat of been approved by the Planning and Zoning Board. has been suggested by I~. Hopkins. Sutton Markor. It has Bond figure of $42,040 lzre. Archie moved to receive the plat of Sutton Manor~ but does not ef- fect his vote on the Omdinance: seconded by ii~s. Jackson. Motion car- ried 4-0. Application for Pez~nit to Solicit - Muscular Dystrophy Association of America, Inc. Mr. Archie moved that the Permit to Solicit be approved~ and all fees waived~ seconded by Mr. Blanehette. Motion carried 4-0. -7- MINUTES REGULAR CITY COUNCIL ~ETING JULY 6: 1971 ADMINISTRATIVE~ conrad. Request of Mrs. Grace T. Roberts for Quit Claim Deed on easement It was Mrs. Robemts' understanding that sewer lines would be extended to benefit her prope~ty~ and nothing be.s been done, She is requesting that the City issue a Quit Claim Deed cancelling the easement grant. She has people that %~uld lik~ to buy the property but are not inter- ested because of the easement. This is included in the new sewer expansion program~ and if it is pro- ceeded then it would be necessary to come back for the easement, Mrs. Roberts stated that it would not be so bad if 5 feet ~mre taken off of each lot~ rather than 10 feet off 2 lots~ Mr. Arehie moved that Mrs. Roberts~ request be tabled and looked into fumther~ seconded by Mr. Blanchetteo Motion eamried 4-0. Request of Mms. Grace E. W/aipp for refund on cemetery lot Mr. Archie moved that the request be granted~ seconded by Mms. Jackson. Motion carried 4-0. Request of Thomas F. Canavan re the beach P~. Canavan has prepared a list of some chan~es to be made in refer- ence to the beach. 1. Eliminate the parking of campers and commercial tmucks on the upper level~ so that it is free for pleasure vehicles 2. Charge admission for parking to visitors and give residents fPee pass to the ~acilities M~s. Jack~on feels that we do need to save the beach for the people of Boynton Beach. ~,~s. Jackson moved that this be taken up at Workshop~ seconded by Mr. Blanchette. Motion carried 4-0. Appointment of Fiscal Bgent for Sanitary Sewer Bond Issue Mr. Archie moved that the City Attorney draw up a contract with Alceck and the Mayom and,City c~erk be authorized, to sign it~ sec- onded by ~. Blanehette. Mrs. Jackson stated that the entire Council should be present before it is voted on. The motion carried 3-1. Mrs. Jsekson voted ~no~. MINUTES REGULAR CITY COUNCIL }~ETING JULY 67 1971 ADMINISTRATIVE~ conrad. Proposed Ssnitary Sev~r~,Impmovements Russell and Axon has proposed a program for sewer improvements. Money is available~ but additional funds will be requimed. The critical feature at this tL~e is getting the engineering work started. This project will include sewers in the developed area within the City limits. Mr. Archie moved that Russell and Axon be authorized to proceed with Project No. 6858-8~ May~ 1971 and the fee be as established by con- trac~ in 1957 and supplements thereto, seconded by Mr. Blanehette. Motion carried 4-0. Establishing Low Cost Housing Authoritqf On June 22nd at a meeting with Mr. Adams concerning actions in getting low cost housing project~ it was discovered that the first step would be to establish Housing Authority. The City Attorney indicates there might be some problems. Recommend that the City Attorney be instructed to explome the problems of the C~ar te~. Mr, Blanchette moved that Council indicate interest and the item be deferred and looked into by the City ~ttorl~ey~ seconded by Mr, Azehie. Motion carried 4-0. Approyal of 5ills Allen Insurance Agency George C. Davis First Bank and Trust~ Boynton Russell S Axon $ 1~782.00 37750.00 8~246.84 2~377.07 J. P. Carroll~ Inc. 1~929.00 Overland Const~action Company 537671.82 (Final Payment) Mr. Blanchette moved that the bills be paid7 seconded by Mr. Archie. Motion carried 4-0. -9- MIN~dTES REGULAR CITY COUNCIL I~ETING JULY 6~ 1971 ADJOLLRiq~ENT Meeting adjourned at 9:45 P. M. CITY OF BOYNTON BEACH, FLORIDA Robert B, Effzor~ ~ice Mayor M~s Councilman Attest~ L. , Councilma -10- MINUTES OF REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JUNE 15: 1971 AT 7:30 P. M. PRESENT: Forrest L. Wallace, Mayor Robert B. Effron~ Vice Mayor Mrs. Emily Jackson: Councilwoman John Arable, Councilman Harold Blanchette, Councilman C. Q, Jones, Jr.s City Manager Gene Moore, City Attorney Mrs. Tereesa Padgett, City Clerk Mayor Wallace called the Regular Meeting of the City Council to order at 7:50 P. M. The Invocation was given by Gene Wright~ Fire Chief~ followed by the Flag Salute led by Noah Huddleston~ Police Chief. Mayor Wallace read Proclamation for National Nursing Home Week - June 20-26. Introduction of Guests F. C. Van Deusen, Senior Citizens Shuf£1eboard Club Robert Beyrer~ Sterling Village St. Citizens ~ United Boynton Civic League Herman Forbas~ Ridgewood Hills Homeowners Association Dave Roberts~ High Point James O~Meara~ Chamber of Commerce R. B. Vastine~ Leisureville Homeowners Association Albert Wehrell~ Boynton Isle Lee Ma~ors Association Paul Nu_nneker, former resident of Pompano~ now resident of Boynton James Potter~ Rolling Green Parks Area M/3~UTES - Regular Meetinq~ June !: 1971 Mr. Amchie moved that the minutes be accepted as written~ seconded by Mr. E~fron. Motion carried 5-0. Special Meeting - June 4~ 1971 Mr. Archie moved that the minutes be accepted as written~ seconded by Mr. Blanahette. Motion carried 5-0. PUBLIC AUDIENCE Mr. Oq~[eara asked the Council i~ possible ~o review the Sign Ordinance o It is an excellent sign ordinance but possibly some adjustment could be made for a better understanding. Possibly have a meeting with Bob Collier and Mr. Jones to discuss it. Mayor Wallace stated that just a group of people that say they don~t like it would not be cause to discuss it. But i~ theme is a hardship and something is wrong then it should be discussed. It will be discussed administratively. --1- MIi~JTE$ P~EGULAR CITY COUNCIL MEETING JUNE tS~ 1971 PUBLIC AUDIENCE ~ conrad. Mr. Beyrer reserved the right to speak on Item C Legal and Item F Adm~_n- istrative. He also spoke on Beach acquisition - Nothing has been done. Some action should be taken now. Mrs. Jackson stated that she had talked with the Chairman of the County Commission, and that they had rece~'ved two appraisats~ and would send a letter to our Mayor and take definite action. Herman Forbas reserved the right to speak on Item C Administrative. He asked if the City could acquire all the telephone directories and move them to the Chamber so people can look up something in a hurry without calling the phone company. He was told that it would be looked into. }~. LeFort asked about the ~legal signs in the City. Mayor Wallace stated that 12 or 15 subpoenas have been issued by the City. James Pottery representing Rolling Green Park area~ presented a petition to Council asking that the City get more equipment and facilities on thes~ parks. Mr. Wallace stated that a new Recreation Director has just been hired: an< this project will be considered. ~. Jones introduced the new Recreation Director: Mr. Charles Frederick, who has been with the City since Friday. Mr- Jones requested to add 3 items Eo the Agenda: (1) Transfer of funds within the Chamber account (2) Florida League of Cities (5) AppoJJ~t additional member to Board of Adjustment. These items were placed under OTHER. LEGAL Ordinances - 2nd Reading. Ord. ~71-16 - Rezon~6~ Block_6~ Meeks L Andrews Addn,~ . Mr. MOore read Ord. ~71 16. Mrs. Jackson moved that Ord. ~71-16 be passed on second reading~ seconded by Mr. Archie. Motion carried 5-0. Ord. ~71-t7 - Approving Sec. VII~ Palm Beach Leisurevitle Mr. MOore read Ord. ~71.17. Mrs. Jackson moved that Ord. %~-71-17 be passed on second reading~ seconded by Mr. Blanchette. Motion carried 5-0 -2- MINUTES REGULAR CITY COUNCIL DZETING JUI~ 15~ 1971 LEGAL: cont~d. Ordinances - 1st Reading Proposed Ordinance No. 71-18 amending Emergency Ord. ~71-13 re Speed of Trains The Seaboard Railroad has requested that they be relieved of the hard- ship: as all of their crossings are guanded by gates. The existing Ordinance states that a train may not block 2 crossings for more than lO minutes. It was suggested that it be changed to 5 minutes. Mr. Jones stated that 5 minutes is the maximum time to block 2 crossings for rescue vehicles. Mr. Effron stated that he did not feel this should apply to the Seaboard Railroad as they have guarded crossings. Mr. Archie suggested that the Council instruct the Police Dept. to con- tact the surrounding communities along the Coast. The FEC does have a schedule~ and if they lose 15 minutes in Boynson they must make it up in another community - ask them to look out for these trains and work with us. The City Attorney will work on the Ordinance. Proposed ~dinanoe No. 71-19 - Establishing procedures for Municipal Trials by Jury Mr. Moore read Ordinance ~71-19. ~r. ~rchie moved that.@rd.~71-19 De passed on first reading, seconded by Mr. Effron. Mr. Tomberg explained the procedure of a Jury Trial. He stated that the Judicial system is breaking do~a in the Count. The motion carried 5-0. Resolution No. 71-X - Appointing a City Engineer Mrs. Jackson moved that Res. No. 71-X be tabled~ seconded by P~. Archie. Motion carried 5-0. Resolution No. 7i-Y - Naming individual to represent the City re Federal Assistance on Sanitary Sewer Project ~r. Moore read Res. No. 71-Y. Mr. Archie moved that Res. No. 71-Y be adopted: seconded by Mr. Blanchette. Motion carried 5-0. Issue of Building Permits in aneas designated as Proposed Rights-of-Way (Mayor) Mayor Wallace stated that some residents had said Council was lo,ting them down. Houses v~re being built in the 1-95 right-of-way and DOT was telling them to move out. MI~,NIiTES REGULAR CITY COUNCIL MEETING JUNE 15~ t97i LEGAL: cont~d. If the City knows that site is in the right-of-way~ the building permit should be witPJ~eld until the City gets a written letter from DOT of which route to go. Not only is it a hardship to the people who bought the house~ but to all taxpayers, tf enough pressure is applied~ we can get some assistance from the State area. · d Mr. lrchme state that he has discussed the problem with former Mayor, James ~honey~ and if Mr. Jones would %~ite a letter to him: he could p~obably be of some assistance. Mr. E~fron stated that we should be entitled to receive from DOT a map of proposed roads and bridges for the next 10 to 15 years. DOT is large enough that they continue long range planning. }4~s. Jackson moved that the Building Dept. not issue permits in the path of rights-of-way until we have info~mation in writing from DOT and request a map of pmoposed roads and bmidges~ seconded by Y~. Arohie. Motion ca,- tied 5-0. Agreements with N. R. Field Mrs. Jackson stated that the agreement of F. S. Smithers and Co. tells about development of constmuction fo~ sewer %,~rks. The agreement of 1962 states that the City owns~ operates and maintains the system. i~'~s. Jackson moved that the City Manager write a letter and tell Mr. Fields that we dc not owe him this, Motion died for lack of a second. The City Attorney stated that the purpose of this is for clarification, with regard to the Building Dept,, who basically administered this agree- ment, which was entered into originally with Mm. Field, who had paid for the initial system from his own funds in this particular area. Then in 1962 the second agreement was entered into~ when the City purchased those segments in this system in the plant from him~ and as part of that pur- chase this agreement intimated that as part of that purchase he agreed that when septic tanks were discontinued or when certain lots were tied into this sewer sys~em~ in addition to the basic purchase price he be reimbursed for the cost of that portion that he has paid into the system. He believes Mr. Jones is working out administratively to designate or delineate a draft schedule of the specific lots set fomth in the agree- ment. This to be coordinated through the Building Dept. on an orderly basis. Mrs. Jac!cson asked if this also means that Mr. Field does not have ~o pay the $100 connection fee. The City Attorney stated this to ~ correct. Each member of Council should be given a description of ~hat is involved and ~ossibly go from there. -~- MINUTES REGULAR CITY COUNCIL MEETING J~lfE 15~ 1971 OLD BUSINB $S Reques.t of Fire Department for teaining area {On the table)_ 1.~. B~-anenette moved that it be t~ken off the table, seconded by Mrs. Jackson. Motion carried 5-0. At ~the preVious Council meeting it was suggested that restrictions on zoning be looked into;-a letter has ~een sent to the Palm Beach County Director of Planning and Zoning in this regard. Also it was requested that Mr. Fredericks conduct a complete study on recreation area. This type of study would take at least 60 days and~ rather than have it remain on the table for this length of time: Jones recommended that it be deleted. ~!r. Arehie moved that the item be deleted~ seconded by Mr. Effron. Mo- tion carried 5-0. Request of City Manager to ~£ansfer funds - Purchase of Shepard Parcel Final settlement has been made in the amount of $38~244.02. Council previously approved a transfer from unappropriated surplus in the amount of $33:450. An additional $4~794.02 is needed from unappropriated sur- plus. Mr, Effron moved that $4~794.02 be transferred from unappropriated sur- plus ~ seconded by Mr. Blanchette. Motion carried 5-0. ADMINISTRATIVE Possible Wrecker Ordinance Chief Huddleston expiaLned the wrecker rotation system. Guidelines and procedures should be established, Wreckers should have proper equip- ment to tow wrecked cars without adding damage. They should have a place for storage of wrecked cars, An ordinance could be drawn up to eliminate some problems. The system now is too loose. This item will be taken up at the Workshop meeting. Street Impmovement Program Mrs. Jackson stated that $14,816 is left in the Road $urfacin~ Program. She would like to resume with the st-~ee~s that have been on priority, It will be discussed a~ workshop. Request of Phil Moreno for license to haul trash and commercial waste Herman Forbas stated that this should be open to any businessman who pays his occupational license. No one man should have this exclusively, MINUTES REGULAR CITY COUNCIL i~ET~NG JUNE IS~ 1971 ADMINISTRATIVE, cont~d, Mr. Arabic stated that it is open to everyone that would like to come up and apply. A license of this type must be approved by the Council~ but anyone can apply. Mrs. Jackson objects to the request, the City has bought new sanitation equipment. Why have this equipment and let someone else pick up? Mr. Jones read a letter from Mr. Hopkins. Mr. Hopkins had no objections to issue a blanket permit for trash and construction waste~ and asked that collection be restricted to individual commercial accounts. Ed Gooly stated that they are not trying to compete with the City. Do non solicit b~siness, people have called in requesting service. It was recommended that this item be tabled until Mr. Hopkins can explain what we would be getting into. F~s. Jackson moved that the item be tabled, seconded by Mr. Blanehette. Motion carried 5-0. Receipt of resignation of James P. Spindler, g.r. as Judge ad litem Mr. Archie moved that the resignation be accepted with regret~ seconded by ~. Effron. Motion carried 5-0. Reimbursemenn of Contingency Fund The cost to repair the Scout But was $1:526.35. The work has been done and was paid for from the Contingency Fund. Request that this amount be allocated from ~nappropriated surplus for this project. Mr. Archie moved that $1,526.35 be transferred from unappropriated sur- plus for reimbursement of Contingency Fund for repair work to Scout Hut~ seconded by Mrs. Jackson. Motion carried 5-0. Consider ~e~uest for additional personnel Mr. Beyrer asked if the request was for elerks~ if so he wanted to know why more clerks were needed when the tax bills were now being sent out by the County. This should leave hundreds of hours available. Mr. Jones reported that several weeks ago funds were provided for addi- tional police help. Chief Huddleston has requested four additional patrolmen. Total cost for the ~emainder of the year~ $7~592.00. If ap- proved funds should be transferred from unappropriated surplus. The Boynton Beach-Ocean Ridge Board of Realtors have recommended that one full time individual be allocated to the Police Dept. for code en- forcement. This person does no~ need to be qualified as a patrolman or hired un~er the provisions of Civil Service~ but could be appointed by the Police Chief. Salary should non exceed that of a patrolman. If ap- proved would require $1~898.00 from unappropriated surplus. --6-- MINUTES PfEGULAR CITY COUNCIL ~ETLNG JUNE 15~ 1971 ADMINISTPSTIVE, cont'd. Fire Chief has requested permission to hire an additional fire fighter. Funds are available within the Department. Mr. Amchie asked if these additional patrolmen would put more toward night duties. The Chief assumed him that it would. ~Ir. Effron asked about the code enforcement officer that has been re- quested. There has bean difficulty with storage of ~ecked car, parking of junk cars ~ it would take a full time Mn to clean it up and follow each case. It was suggested that this request be held back until the new Wrecker Ordinance is discussed. Since the duties of this code enforeement officer are vague~ it was recom- mended that more details be obtained before any act-ion is taken. Mrs. Jackson moved to approve the ~equest for four additional patrolmen and one fireman and to ~ansfer~7~/~2.00 ~om unappropriated surplus for the Police Department: seconded b~.-q{I~hette. Motion carried 5-0. Request fom Repaying Portion of S. E. 2nd St. -Notan Williams The City Manager stated the other man involved (Mr. Stephen Metl) is on a retirement pension~ and cannot afford the cost of paving the street. So it is about a 50-50 breakdo%m. The City Attorney stated that it is not necessary to have any consent at all if Council feels it is needed. The length is approximately 171.3 ft. at $10.00 per foot. Would not want to place a burden on this man. This will be looked into administratively to see what can be worked out. Recommendation re Sick Leave A few weeks ago Council approved a change that would allow employees to trade in unused sick leave at the time of termination at the rate of one day for four days. This project was under study in October b~t was no~ brought to Council until March. Two employees retired during this time: one had been led to believe would ~e included in this policy. The Fminge Benefit Committee felt it would not be appropriate to reim- burse these ~o employees at the 1-4 mate. They recommended that each be given $250 for a settlement. -7- MI~dTES REGULAR CITY COUNCIL I~.ETiNG JUNE 15, 1971 ADMINISTRATIVE ~ eont'd. It has been suggested that the Bailiff o£ the Municipal Court be given a 10%o pay raise. Mrs. Jackson moved that the t~o employees receive the full benefits of ~ the sick leave policy and a 10% pay raise given to the Bailiff, funds t~ansferred from unappropriated surplus, seconded by ~i~. Archie. Motion carried 5-0. List of Payments made in P~y. ~. Arehie moved that the list of payments made in May be accepted~ sec- onded by l~i~. Blanehette. Motion carried 5-0. Approval of Bills Bill from the City Attorney - $1,250 $1,000 is available from the City Attorney's account $250 is needed from contingency Mm. Arehie moved that $250 be transferred from unappropriated surplus, seconded by Mr. Effron. Motion carried 5-0. OTHER Transfer of Funds within the ,Chamber $700 was available for fireworks $330 was for an ad in Fynn Magazine The fireworks cost $725. The ad was not printed, so $330 was available. $66.40 has been requested for additional advertising. Mrs. Jackson moved that $66.44 be t~ansferred for advertising and the remainde~ for contingency fund~ seconded by M~. Blanchette. Motion car- ried 5-0. Recommendation from Florida L~ague of Cities Have received recommendation from Florida League of Cities in regard to a bill to do with protection of air~ ~ater and natural resources~ to take action against polluters. Jackson moved to accept the recommendation~ seconded by Mr. Blan- ehette. Motion carried 5-0. -8- MINUTES REGULAR CITY COUNCIL ~TING JU~,IE 15, 1971 OTHER ~ cont'd. Appoint Additional Member to Board of Ad~ustmen_t ~. Sturges resigned as Alternate on the Board of Adjustment. Mrs. Jackson moved to appoint J. Lester CoUsins to replace ~fr. Sturges as an Alternate on the Board of Adjustment: seconded by Mr. Archie. ldotion carried 5-0. SOAP BOX DERBY Mayor Wallace thanked members of Council for their work at the Soap Box Derby. Participation in Water Reclamation Project County Comm/ssioner Culpepper indicated a desire to seek federal money in Palm Beach County for project of this type. P~. Jones called Mr. Cul- pepper and asked if he would consider Boynton Beach as the site for such a project, since we have completed our sewer plant expansion and might be an appropr/ate community for such a project. He suggested that a formal statement o~ interest be obtained ~rom the Council. This is not a commitment at this t/me. only determining if there is sufficient interest to proceed. All members of Council are interested. A DJOURN~ NT Mr. B~nehette moved to adjourn~ seconded ~ Mr. Archie..~tion ~rried 5-0. MeetLng adjourned at 9:45 P. M. CITY OF BOYNTON BE~CH~ FLORIDA Porrest L~ Wallace, Mayor Robert B. Effron~/gh~ce Mayor ~s. Emily,. d~o~c~, Councilwoman -9- MINUTES REGULAR CITY COUNCIL ~',~ETING JUNE 15, 1971 Attest~ -t0-