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Minutes 02-02-71MINUTES OF REGULAR CITY COUNCIL MEETING HESD AT CITY HALL~ BOYNTON BEACH~ FLORIDA~ TUESDAY, FEBRUARY 2, 1971 PRE SE NT: For~est L. Wallace, Mayor Robert Effron, Vice Mayor Mrs. Emily Jackson, Councilwoman John Archie, Counct]Jaan Harold Blanchette, Councilman C. Q. Jones, Jr., city Manager Gene Moore, City Attorney }.~s. Tereesa Padgett, City Clerk Mayor Wallace called the~ meeting to order at 7:50 Po M. The Invocation was given ~ Ralph Hughes, followed by the Flag Salute led by Mr. Blanchette. Special Guests Robert Beyr~r, Sterling Village Senior Citizens, %Lnited Civic League Floyd Van Deusen, Shuffleboard Club Bertha Welch~ Boynton Beach So~osis John Guido, Castoff Square Dance Club MINUTES - Regular Meeting~ January 19, 1971 l~rs. Jackson pointed out a typographical error on Page 8. It should read ~Motion carried 5-8'~. Under ~Approval of Bills" Mr. Jones stated he read only one bill from Neptune ~eter Company and it should be a total of $2,471.60. ~r. Effron moved to accept the minutes as corrected, seconded by Mr. Blanchette. Motion carried 5-0. PUBLIC AUDIENCE Mayor Wallace reiterated the procedure to be followed - i~ there is an item on the Agenda on which you wish to speak, come before Council dur- ing Public Audience and so state. You will be called upon when your item comes up on the Agenda. Robert Beyrer commented on the Drainage P~og~am. This plan is being offered on the basis of a General Obligation Bond over the fact that it might be done on a Special Benefit Assessment Basis. Hnder General Obligation Bond, residents of Condominiums would pay and receive none of the benefits. He stated they a=e willing to pay their share of anything that may arise, but do not share in the Drainage P~ogram. ~rged Council to go on Special Benefit Assessment basis. Mr. Boy,er also believed them to be premature in the planning of this program. %91%o knows what will happen with the coming of 1-957 At this time he reserved ~ight to speak on Agenda item concerning mail- ing of Agenda and Minutes. -1~ MINUTES REGULAR CITY CfYdNCIL MEETING FEBR~h~RY 2· 1971 PUBLIC ~AUDIENCE, cont'd. Mr. Archie stated that anybody %41o d~ives down South Seaerest after a heavy rain practically needs a boat. It would benefit anyone driving on the streets~ not just the proper-ty owners. There are areas like this all over the downtown section. Mm. Jones stated that two million dollars is a realistic figure. At the t/me of Public Heaming should be able to show backbone area. Albert Wehrell reserved right to speak on County Library System. Mms. Ethetind Farm asked when the lawsuit of Gulfstream Marina is com- ing to trial. City AhLorney said within the next 50 days. Mrs. Jackson said she believed it was March 2. P~s. Farm also asked when Mr. Kahn was going to rebuild his fence. It's overgrown with weeds and garbage is all over the place. It was supposed to have been done with/n 90 days and it is not done yet. Mayor Wallace stated t~mt it would be looked into right away. Mrs. Parr asked if there was a noise omd/nance in the City. Garbage trucks wake up everybody at 5:50 in the morning. Mrs. Castello asked what would happen to the present Master Plan when the New Proposed Plan goes into effect. She asked please consider not throwim~ it away. She was assured that it is not the intent to completely abolish the present Master Plan. Mm. J. T. Kelley told the Council that Mr. Beyrer does not speak for the Management of Sterling Village or the people as a whole concerning drainage. At the proper time the Management will bring that question before the people. He was inclined to agree with Mr. Archie. John Guido feels that the Square Dancing Club has done a great deal for the community. The Club has donated drapes, laid floors · and kept the hall neat and clean. They conduct themselves well and have given more to the City than they have taken away. Mayor Wallace stated that any policy chanqe will ~e posted and he will be brought up to date as far as ~he matter is concerned. -2- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1971 .PUBLIC HEARING 8:00 P. M. ReQuests.for change in zoning Parcel ~t - Lots 5, 6 and 7 Pine Crest Ridge ReqUest: R-2 to Address: 117-129 S. W. 26th Ave. Applicant: Dr. Frank E. Kucera Dr. Kucera explained that they are not seeking to increase heighth or density. Under the present zoning, R-2, only 8 units per building is permissible, which would mean const~ucting three buildings. Would tik~ to construct only two buildings. Have agreed to sign contract to the effect that they will only build two-story buildings. M~s. Dorothy Cox was present to object to the zoning change. It will cTeat a t~affic hazardfor ambulances going to the hospital. She un- derstood it was ~o be 30 u.nits. Dr. Kucera explained that there are only 19 units; 30 parking spaces. Mrs. Jackson moved to accept the recommendation of the Zoning Board and grant ithe zoning change with the understanding tD~t only two-story buildings are to be constructed, and that the ODdinance be read. Motion seconded by Mr. Effron. Motion carried 5-0. Mr. Moore read Ordinance ~71-5 - Rezoning Lots 5, 6 and 7 Pine Crest Ridge from R-2 to R-3A, subject to two-story height restriction. Mrs. Jackson moved to adopt Ord. ~71-5 on fLvst reading, seconded by Mr. Effron. Motion carried 5-0. Parcel ~2 - Lots 140 thru 170, Cherry Hills Request: W10' of Lot 168 and Lots 169 & 170, R-IA to R-2 Balance of Parcel - R-lA to R-t Address: 500 Block of N. W. 9thAvenue Applicant: Robert Ro LaFayette for Wesco Development No one appeared tO speak for or against subject request. Mayor Wallace inquired as to why the houses were built before the change in zoning was requested. Mr. Elmo Elliott of the Building Department stated that they did com- ply with the building code with plans for 1248 sq. ft. Albert Wehreil of the Zoning Board stated that they recommended the zoning change be granted due to the fact that it would create a b~rd- ship on the people who hav~ bought the homes. They v~uld not qualify for the houses if the porches are added. -3- MI~dTES REGULAR CITY COUNCIL ~ETING FEBRUARY 2, 1971 .P~BLIC HEARING.~ cont'd. - Parcel ~2 Robert LaFayette explained that they received commitment money th~u HUD and sold the houses under a low-cost housing program. Had until the f/~st of the year to start the houses or lose commitment money. 9~en it was discovered that the p~operty was zoned R-iA it would .be necessary to add sc~Sen porches to each house to meet the zoning requirement. I~ the .porch~$ are added~ the people who have bought the houses will not qualify Under the HUD pmogr£~ of low-cost housing. Mm. Arehie moved that this item be tabled for further study, seconded by ~i~. Effron. Motion carried 5-0. BIDS A~rding: 3/4 Ton Pickup Truck $ 3,101.45 Flat bed dump truck 3~377.38 2k.~o - ~ ton Pickup t~ucks 4,369.50 Three - % ton Pickup Trucks with side panels 7~179.25 M~. Archie moved to accept the bid of Benz Chevmolet: Jackson. Motion ca~ied 5-0. seconded by M~s. Ordinances - 2nd Readin~q O~d. ~71-3 - Rezoning request of Village Royals Mrs. Victor/a Castello is concerned with the rezoning request. People bought homes in the a~ea because the area was uncongested. The Council represents the bes~ for the people wh~ther they are heard from or not. Mr. Moore mead Ord. ~)71-3 by caption only. Mr. Archie moved that Ord. ~?:7t-3 be adopted on second and final ~eading~ seconded by Fl~. Btanchette. Rlrs. Jackson voted ~yes~' because people from the neighborhood have told her that they wa/~t i~. ]{eeping in mind that the sight plan approval must be followed without change. It does not have the highest density in Boynton~ so stated by Mr. Eff~on. The Council spent much t/me on this matter. Motion carried 5-0. CTd. ~:71-4 - Proposed Emergency O~dinance me careless driving Mr. Moore read O~d " . · ~71-4 Yin. A~chie moved to adopt Or~. ~71-4 on first and final ~eading~ seconded by }irs. Jackson. Motion carried 5-0. ,Receipt of Assessment Roi1 - Paving a Portion of N. E. 7th Avenue M~. Effron moved to meceive and approve the total cost assessment~ sec- onded by M~. Archie. Motion cammied 5-0. -4- MINUTES REGULAR Ct~ COUNCIL MEETING FEBRUARY 2:1971 OLD B~SINESS _ppo~ntment of Board of Ad~ustmen,t - Alternat~ Mr, John CoOgan is unable to attend meetings due to a heart condition. Mr, Archiem~ved to aceept resignation of John Cooganand appoint G, ene Mahlmeistem as Alternate on Board of Adjustment, seconded by Blancherte· Motion carried 5-0. Squire H~] l Apts.- M~. Thiete M~. Bernard Weksler, Attomney, was present on behalf of ~. Thiele. In ~s ,efforts to ob~a3~n buitd~Rg permlt~ met with the City Manager to ~..~ ~u~,the .ea~se~ th~ delay. ~is client received a call from the ~s~nag~. ~m~n~ .~him ~t~t ~ilding permit was again going to be ~. n~ve orrere~ ~ae ulry i~ water meters instead of one. Have offered to let City eo~e on to property. Are willing to maintain pipes and water meters. Have not been given good valid reason for denial of building permit. Have prepared w~it of mandamus if it becomes necessary to go to Court over ~h~ ma~te~. Mr. Moore inquired as to why they would refuse to provide an easement ~or the City to maintain,the pipes and water m~ters. Mr. Weks!er stated that it would be.condem~ing a~d taking away private p~operty without due cause. He questigned th~ necessity of an easement when they are willing to maintain the pipes themselves, Mm. Moore explained that as it has happened in cases before when the developer has finished and gone and the City is lef~ to maintmin the pipes. Mrs. Jackson feels we should stick with the City policy. Mr. Effron moved to accept the recommendation of the City Manager and refuse the building permit~ seconded by Mrs. Jackson. Motion carried ~equest of Boynton Beach Wnman:s Club to_pave par,k~nq lot Based on City Manager's recomme~dationMrs. Jackson moved to strike item from the Agenda: seconded by Mr. B!anchette. Motion carried 5-0. aDMINISTRATIVE ~onsider request of Dr. Reborn and Fred Benson to cancel planned eon struetion of S. W. 2nd St. between S, W. 25rd and S. W.,24th Avenues The City Manager recommended that the road be opened to relieve some of the traffic on Seaerest. Mrs. Jackson said she was inclined to believe this would cause problem with traffic coming from High Point. ~. Moore suggested that the City return the balance of subject Right of Way to owner. MLNUTES REGULAR CITY COU~CIL MEETING PBBRUARY 2 · 19 ~1 .A..DMd3~ISTRATIVE ~ eont'd. Mr. Archie moved to return the Right of Way to the owners upon receipt of the total cost incurmed by the City, seconded by Mrs. Jackson. Motion carried 5-0. Applications for Permits to Solicit ~eisureviile Homeo%.~ers Association Mrs. Jackson moved that perm/ssion to solicit be granted, at no charge, seconded by Mr. Archie. Motion carried 5-0. ~alm Glades Girl Scout Council~ Inc. Mrs. Jackson moved that perm/ssion be granted~ seconded by Mr. Archie. Motion carried 5-0. ~embership /nFlorida League of Cities The City Manager ~ecommended that Boynton Beach renew membership at a cost of $800. Mrs. Jackson stated that we get the same benefits from the County League as from the Florida League. Mr. Archie disagreed. Mr. Eff~on moved to renew membership, seconded by Mr. Arehie. Motion carried 4-1. Mrs. Jackson voted '~no;~. Uncollectible Htility Accounts and Receipt of Audit Report-Sept. 30,19,70 Mr. Jones reported tb~t the Audit has been completed by Hawkins and Ham- ilton. There are a numbe~ of accounts written off as uncollectible, but this does not mean we will lessen our efforts to collect the accounts. Total amount of uncollectible accounts - $4~347.38. ifms. Jackson moved to a~cept the Audit Report and the ~ncotlectible Ac- counts, with every effort being n%ade to collect. Seconded by Mm. Blan- chette. Motion carried 5-0. Mr. Ef£ron requested that immediate action be taken on aging these ac- counts and colleeting~ particulaPly from FHA and VA- ~bunty Library System Mm. Wehrelt cautioned the Council in considering joining the County Library System. Look carefully when someone offers to give you some- thing for nothing. With the ever increasing County Government, soon we wilt no longer be able to address the City Council~ but will have to ad- dress the County Commission. -6- MINUTES REGULAR CITY COLhNCIL MEETING FEBRL~RY 2~ 1971 ADMINISTRATIVE, cont' d,- Mr. Jones read a letter from the County Attorney sts~ing that we would pay nothing to join the SYstem~ ~4r. Jones stated the requirements by the County: :~ (1) Operate Library 40 ho~rs per week (~2) Fund Libra~ at mate of $1.50 per citizen (3) Have reading SpaCe available The Library meets all these requirements. The City Library Board ~ecommended t~mt we join the County System. Ap- proximately 400 users of the L~ ibrar~ have urged we join. Mr. Archie moved that we join the County Library System and authorize the Mayor and City Clerk to sign oontract~ seconded by Mr. Effron. Mo- tion carried 5-0. ~Requg.s~ for Refund of Amounts Paid to the .City by..Palm Beach MemorialPark A motion was made by Mrs. Jackson for the City Manager to make some kind of contact to See if the City can be reimbursed for services provided while they were within the municipal timits, seconded by Mr. Wallace. Motion carried 5-0. ..R. eport by i Mailing of Agendas ar~ Minutes C ty Manager on It was proposed that they would not be mailed out: but would be avail- able on F~iday afternoons at the City Clerk's o~fice. Minutes will be available for ~eview but not to be ~eleased until they are approved by Council~ ~ecause they are subject to change. COpies of approved minutes available at ooSt. Mr. A~chie so moved~ seconded by Mrs. Jackson. Motion carried 5-0. _Repeipt of List pf Names Rempved from the RegiStration Books Mr. Blanchette moved to have the list of names as subnitted by the Clerk removed from the Registration Books~ seconded by M_~. Jackson. Motion carried 5-0. ConSider Employment of One Additional Lifeguard A sllrvey taken one Sunday about t~lree weeks ago resulted in finding t~hat 3~000 people visited the beach that day, tt is necessary to have an additional lifeg~ard to maintain adequate safety. Can ~e hr-red within the existing fundS: and the City Manager recommended having one addi- tional guard. Mrs. Jackson moved we advertise for additional lifeguard~ seconded by Mr. Effron. Motion carried 5-0. --7-- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1971 ~DMINISTRATtVE .~. cont'd. Beach A c~is ition The City ~nage~ asked the Council to reaffirm their preference for ac- preferenceq ~sit~on Ofas beachfollows.f~?nt property. M~yo~ Walta~e listed the order of Choice No. 1 - Doughty parcel - 948' (This includes the latest offer of 316 additional feet ~ $950.00 per f~ont foot) Choice No. 2 - Coastline Realty parcel East of S. E. 15th Ave. Bridge Choice No. 3 - No. 4~ No. 5 and No. 6 - the foum parcels lying north of the present beach site - running from south to north. Mr. Archia moved that the Council reoommend accordingly to Palm Beach County. Motion seconded hymns. Jackson and carried 5-0. Approval of Bills Provide Funds for Feasibility Study -.Turnpike The City Manager explained to Council the need to t~ansfer funds to cover subject expense. M~. Arehie moved to go ahead and transfer $1~825.00 from u/lappmopriated funds, seconded by Mm. Effron. Motion carried 5-0. $ 1~826.46 - For Sewer Expansion $59~703.95 - Overland Construction Mr. Arehie moved that the bills be paid, seconded by F~-. Blanchette. Motion carPied 5-0. OTHER Mrs. Padgett requested the approval of Suzanne C~om~!l as Assistant City Clerk to do court woek. ~s. Jackson moved to appoint Suzanne Cromwell as Assistant City Clerk, seconded by Mr. Blanehette. Motion carried 5-0. -8- ~LiN/ITES REGIILAR CITY COIlNCIL FEBRUARY 2, 1971 ADJOURNMENT Mr. Arehie moved to adjourn: seconded by Mr. Blanchette. tied 5-0. Meeting adjourned at 10:00 ?. M. Motion car- CITY OF BOYNTON BEACH, FLORIDA Forrest L. ~tlace, Mayo~ i~bert' B. E~f~on,~V~Sm Mrs. ATTEST: ity Clerk~1 ' -9-