Minutes 09-05-72MINUTES OF THE REGULAR CITY COHNCIL MEETING HELD AT CITY HALL:
BOYNTON BEACH~ FLORIDA, SEPTEMBER 5: 1972, AT 7:30 P. M.
PRESENT
Robert B. Effron, Mayor
Mrs. Emily Jackson, Vice M~yor
John L. Archie, Councilman
Harold Blanchette~ Councilman
David Roberts~ Councilman
Travis E. Killgore~ City Manager
Mrs. Tereesa Padgett, City Clerk
Gene Moore: City Attorney
Mayor Effron called the meeting to order at 7:30 P. M. The Invocation
was given by Rev. Walter J. Dockerill, Pastor, St. Mark's Catholic
Church, followed by the Flag Salute led by Firs. Tereesa Padgett: City
Clerk.
ANNOHNCEaMENTS
Mayor Effron announced that there is a Public Hearing on the 1972-73
Budget~ Thursday~ September 7 at 7:30 P. M. in the Council Chambers.
He also announced that the new City Maps are available at the Chamber
office or City Hall.
The Mayor also announced that Open House for the Police Complex will
he September 11 from ! to 4 P. M.
Mayor Effron introduced Mr. David Tyson of the Aquaorest Association
of Atlantic High School.
Mr. Tyson explained that the Aquacrest Association was formed about
~ years ago for raising money for a sw/mming pool. We have raised
$20~000. We have asked Boynton and Delray to contribute $15,000 each
and the County to contribute $25,000. The pool will serve not only
the swimming team at the High Sehool~ but will be open to the public
and lessons will be given. It will be located behind the Junior High
School.
Mayor Effron asked Mr. Tyson what the response was from Delray and
the County Commission.
Mr. Tyson answered that the County Commission has favored it. They
are having a workshop meeting in Delray tonight, and their response
is they are in favor of it if Boynton is.
Mr. Archie asked if this goes through you will transfer funds to the
School Board. M~. Tyson stated yes~ they will be responsible for the
maintenance and liability of the pool.
Mr. Tyson explained that they are trying to get matching funds from the
government. This will giveus $150:000.
M~. Archie asked if Boynton and Delray and the County contributemoney
now, ~ill you be coming back asking for more at a late~ date?
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MINUTES
REGULAR CITY COUNCIL MEETING
SEPTEMBER 5~ 1972
Mr. Tyson stated that he hopes not. If we get up to $75~ 000 and do
not get the matching funds from the government, we should be able to
get the support of the communities.
Mr. hrchie then asked if there is any schedule in mind with the School
Board for the use of the pool. Would it be a liberal enough program
to allow our people to use it.
Mr. Tyson did not have a definite answer to this question.
Mr. Archie stated that he thinks we should have a more definite answer
on the type of availability of the pool to the citizens of Boynton
that will be paying for this. Personally he is in favor of this as
long as we can have the utilization of the pool for some hour~.
Mr. Roberts questioned who would be responsible for supervision, etc.
M~. Tyson stated that the County would assum~ all liability.
Mr. Blanchette asked if this includes the use of the bathhouae and
facilities that go along with it.
Mr. Tyson stated that this would depend on how much money is raised.
A letter from the County States that $75,000 will build am in i mum
pool. He hopes that the $150,000 will include lockers and showers.
Mayor Effron asked the City?s legal position in contributing money in
this matter, since it is in De!rayVs reserve annexation area.
Mr. Moore stated there is no problem.
Mr. Archie suggested that Mr. Tyson get these answers before the
Thursday night meeting, if possible.
Mayor Effron introduced the new Building Official, William Galeazzi.
MII~JTES Regular Meeting August 15~ 1972
Mrs. Jackson moved that the minutes of August 15 be accepted as w~it-
ten: seconded by Mr. Blanehette. Motion carried 5-0.
PUBLIC AUDIENCE
Albert Wehre!l stated that the proposed budget is a 68% increase in
e×penditures~ over last year's budget. This~ of course, means we must
have increased revenue. Me continued with further remarks to criticize
the proposed budget~ questioned the need for so many additional em-
ployees in the new budget and pointed out some of the good assets of
the City.
Eddie Mitchell feels that if the City has $15,000 to throw away on a
pool in an area that is not a part of BoyntOn Beach, %Vny can't we
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MINUTES
REGULAR CITY COLkNCIL MEETING
SEPTEMBER 5: 1972
P~BLIC AUD/ENCE~ cont' d~
improve the facilities we have in the City of Boynton Beach and schedule
classes for the citizens in Boynton Beach. Mr. Mitchell then asked if
someone made a motion in a Council meeting to the effect that the status
of the garbage collection would remain as is until we have further study~
he thougtthe read something about the fee being increased some 25%.
Does the Council just sit hare and make motions, then go out and do what
they want ,9
Mrs. Jackson stated that she made the motion, but this has not been
voted on~ and she is going to vote against it.
Pess Wallace asked if at a g~oup meeting in Atlanta some three years ago
wasn't it stated that there would be matching money for a new swimming
pool?
Mr. Blanchette stated that when you need the funds they are always out
of them, and put you on a waiting list.
Mr. Wallace suggested some research into what is actually available be-
fore Thursday evening. He thinks we should have recreational areas, but
they should be in Boynton Beach.
Gladys Iscoe, represented a local political group, and questioned that
they should be charged a fee of $25 for the use of the Council Chamber.
Other groups use it without charge. West Palm Beach, Lake Worth, Delray,
and Boca allow use of their Chamber without charge. She requested that
the fee he waived.
M~. Roberts feels that a political group is a little different from the
civic groups that meet in the Council Chamber.
Mrs. Jackson stated that the Democrat and Republican parties meet in the
West Palm Beach City Hall free of charge. She sees no readon to eha~ge
taxpayers for the use of the Council Chambers. She made a motion to
waive the fee end allow groups to use the Council Chamber. Motion died
for lack of second.
Mr. Archie read from the minutes of the last meeting in which Council
adopted Mr. Robert' s recommendations.
F. C. Van Deusen stated that the roo~ of the Senior Citizens Building is
in bad need of repair. This last rain ruined some of the cards. He
also reported that on 15th St. each of Federal Highway there is a big
hole and someone is going to get hurt there.
Mr. Hopkins stated that he reported this to the County and they said
they did not repair driveways.
Mr. Van Deusen thanked Mr. Hopkins for being cooperative with the trash
situation, it is appreciated.
MINUTES
REGULAR CITY COUNCIL MEETING
SEPTEMBER 5~ 1972
PUBLIC AUDIENCE, conrad.
Rev. White asked to speak on New Business Item C.
R. B. Vastine asked to speak on VI D. (1) and VIII
Robert Beyrer asked to speak on VIII A.
D. H. Ramsey stated that back in April he w~e a letter to Mayor Ef~ron
regarding 2Sth Avenue be/rig cut through to Seacrest. When he bought the
property it was sh?n as a cul de sac. He requested t~t it not be
cut through~ and since then nothing has been done. They have now sta?ted
to put in sewers and break up the good part of the cul de sac. A3_l the
property owners request that the eul de sac be retained. You will be
creating a serious traffic situation. Me also asked to speak on VIII A.
Mr. Wallace asked what point the Council is at with regard to VIIIA.
The Mayor stated that this is ' ~
]u~t to obtain the approval to go ahead
with the advertising.
BIDS
Sale of Property - Lot 192~ Block C~ Boynton. Hills
Mr. X~]lgore reported that a Public Auction was held on August 22nd at
10:00 A. M. One bid was received from W~)]~emHo]t~nd~ representing
Leonard Smith in the amount of $150. Mm. Killgore reco~nended this bid
be accepted.
Mrs. Jackson moved to accept the bid from Leonard Smith in the amount
of $150~ and authorize the signing of the deed; seconded by Mr. Arehie.
Motion carried 5-0.
LEGAL
Ordinance No. 72-18 - Re Appointment of Public Defender
Mr. Moore statedthat the compensation for this position should be
stated in the ordinance.
Mr. Archie recommended $150 a month for the salary o~ the Public Defend-
er. There a~e two ways it cen be done, either monthly or on a fee basis
per ease. He prefers the monthly rate, that way we know what the figure
is.
Mr. Killgore reported that the Judge had to proceed with the appointment
of Mr. Reed as temporary Public De~ender. Fir. Reed has indicated his
desire to be appointed Public Defender.
Mrs. Jackson suggested $100 a month to start off with. Council agreed
to have $100 a month read into the Ordinance.
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MINUTES
REGULAR CITY COLLNCIL MEETING
SEPTEMBER 5~ 1972
LEGAL, cont'd.
Mr. Moore read Emergency Ordinance No. 72-18. Mr. At, hie moved that
Emergency Ord. ~72-18 be adopted on first reading: seconded by Mr.
Roberts. Motion ear, led 5-0.
Ordinance No. 72-19 - Conditional Use, Church - Rev. Sylvester Wright
Mr. Moore read OTd. No. 72-19. Mm. A~chie moved that Ord. No. 72-19 be
passed on first to second z~_ading~ seconded by Mr. Blanchette. Motion
carried 5-0.
Ordinance No. 72-26 - Occupational License
This has not yet been finalized.
M~. K/llgure stated that the appointment of the Public Defender should
be considered s/nee we have the OTdinanee.
Mr. A~chie moved that Robert B. Reed be appointed to the position of
Public Defender, pursuant to Emergency O~d/nanoe ~72-18; seconded by
Mr. Blanchette. Motion carried 5-0.
Resolution No. 72-T - Annexation P~ocedures
Mrs. Jackson suggested that this be tabled, since she just received it~
end has not had a chance to read it.
She moved that this item be tabled~ seconded by Mr. Roberts. Motion
carried 5-0.
Mayor Effron stated that this is just setting up by resolution the ad-
ministrative procedure for annexation.
Resolution No. 72-U - Authorization - Signatures with Federal Reserve
Bank of Atlanta.
Mrs. Jack~on moved that this be tabled until the nex~ meeting~ seconded
by Mr. Blanchette. Motion caI~ied 5-0.
Resolution No. 72-V - Rescinding Resolution 73/~M and Resolut-ion 71LL
These two resolutions had to do with special assessment, but the
developer paid for it himself.
Moore read Res. No. 72-V. Mrs. Jackson moved to adopt Res. No.
72-V~ seeonded by Mr. Archie. MOtion carried 5-0.
Receipt of Assessment Roll (Paving & Drainage o£ N. E. 7th St.)
ALSO Establish Date for Public Hearing
Mrs. Jackson questioned~s. Dorothy Brir,l~man being on the roll when
the ~r~et wgs Dot.~aved in f~ont of her house. Mrs. Mallon is not on
the ±ms=~ an~ she lzves across the street from Mrs. Brinkman.
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MINUTES
REGULAR CITY COUNCIL MEETING
SEPTEMBER 53 1972
LEGAL: cont'd.
Mrs. Jackson moved that this be tabled until this is checked out~ sec-
onded by Mr. Roberts. Motion carried 5-0.
Mrs. Padgett stated that Mrs. Mallon owns Lots 9 and 10, Block 7.
Mr. Archie moved that the item be removed fremthe table~ seconded by
Mr. Blanchette. Motion carried 5-0.
Mr. Archie moved that the Assessment Roll be accepted, and a Public
Hearing set for September 19th at 8:00 P. M.~ seconded by Mr. Blanehette.
Motion ca~ried 5-0.
Establish Date for Public Hearing - Proposed Zoning Map & Ordinance
Mr. Moore suggested one more public heaming due to the passage of time.
F~s. Jackson would like to reconsider her previous motion after reading
the brochure o~ Candeub & Fleissig~ and seeing the problems with density.
Mrs. Jackson moved to reconsider the motion she made at the last meet-
ing ~to contir0/e with the presently authorized comprehensive plan and
adopt the zoning that recently received public hearings, and immediately
upon adoption, lift the moratorium. Then continue to develop a new
zoning in concert with the new master plan: giving it proper study~
looking toward one year completion~.
because after reading the repoz~ of Candeub she believes we might have
much faster 9~owth thanwe want.
Motion died for lack of second.
Mr. Moore stated that the ordinance is in draft form as a result of the
Public Hearings held by Council and the Planning & Zoning Board. It
might be wise to proceed with the Public Hearing before it is put in
final form.
Mayor Effron stated that Council had said that we would consider all re-
quests and suggestions made at those Public Hearings. We should have
those to consider at that time.
Mr. Roberts moved that the Public Hearing be held on October !gth at
7:50 P. M.: seconded by Mr. Arehie. Motion cazTied 5-0.
NEW BUSINESS
Request for annexation - Palmland Development Corp. (Charter World)
Mr. Beyrer, represented the ~nited Boynton Civic League~ stated that
they are in favor of planned development. He thinks this should be
presented here and now: so that the people of this town may either
accept or reject it. You may find it strange that an occupant of
~-NHTES
REGULAR CITY COIkNCIL MEETING
SEPTEMBER 5, 1972
NEW BILB/R~ESS, conrad.
Sterling Village with a density of 20, would object to a density of 7.9~
but he pointed out that the~e is 40 acres in Sterling Village end other
simila~ condominiums. Here we a~e talking about 998 acres. If we a~e
forced to take in these lands, we should make sure that density is
within reason. We should not expand beyond ou~ capabilities.
Mr. Roberts stated that the meeting in which Cha~ter World gave the
presentation was not a joint meeting of the City Councit~ it was a
meeting of the Planning & Zoning Board. He is not against it~ but he
still has some questions.
Mrs. Jackson asked if this is a subdivision or PUD? The Mayor answered
that it is a subdivision.
Mrs. Jackson then stated that it does not live up to the requirements of
the subdivision ordinance. It did not go through the proper channels.
Mayor Effron stated that this is a request like any other request~ all
we have to do is authorize the City Attorney to advertise for this
annexation.
Mr. Arehie moved that a Public Hearing be held on October 24th at 7:30
P. M.: end that the City Attorney be authorized to advertise: seconded
by Mrs. Jackson.
Mr. Killgore cleared up one point, the representatives of Palmland Dev-
elopment want to brief the Council on this project. The Council was
asked to attend the Planning g Zoning meeting, so that we would all get
the information at the same time.
Motion carried 5-0.
M~s. Jackson introduced the Mayor of Belle Glade, Dr. John Grady.
Signature Authorization to Perform Engineering Services (Russell g Axon)
RE - ~Old= Waste Water Treatment Plant
Mr. Kiltgore stated that this is merely authorization to identify every-
thing that needs to be done. The estimated figure is around $~500.
Mrs. Jackson moved to adopt the City Manager's recommendation~ and au-
thorize Russell & Axon to perform engineering services on the old waste
water treatment plant, seconded by Mr. Arehie. Motion carried 5-0.
Request received from County Engineer - Alignment for N. E. 10th Ave.
Rev. 9~ite stated that he has seen all three proposed p]~us, he asked if
there is a cost analysis. He recommended that enough money be placed
in the budget to complete this p~oject~
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MINUTES
REGULAR CItY COUNCIL MEETING
SEPTEMBER 5: 1972
NEW BUSINESS, eont'd.
Mr. Killgore stated that the cost cannot be determined until the speci-
fic rOute is detezmined. He recommends that all the right of way be
taken off the north side as previously discussed, which is Alternate
Mr. Blanchette moved that Alternate ~3 be accepted, seconded by Mrs.
Jackson. Motion carried 5-0.
ADMINISTRATIVE
Request of City Attorney - Remuneration for Written Opinions
Mr. Moore stated that he feels the problem has been resolved~ without
charge to the City,
Request of Ronald Sales: Attorney. for Jack Lee Homes - Sewer Extension
Donald Sasser, from the law office of Ronald Sales, represented Jack
Lee Homes, Inc. The problem is that Resolution~70-T was rescinded
some time after May 2nd. His client obtained a building permit prior
to the rescinding of this resolution. He is in dire need of extending
that sewer line as soon as possible: because he loses money every day
because he cannot make sewer connections. He would like to receive any
consideration under the prior Resolution 70-T p~Oviding for compensation
for the extension. The cost is approximately $6,000 for connecting the
main. As provided by the Resolution we would appreciate Council's con-
sideration to defray some of the cost on this main.
Mayor Effronstatedthat he was advisedthat there was no sewer avail-
able~ and the building plans were so indicated.
Mr. Killgore stated that you wilt note that it says based on the appli-
cation and the request prior to the start of construction~ and has to
be approved inwritingby the City before any commitment is made. No
sewer was immediately available for this location. There is no
sponsibility as far as the City is concerned, due to the fact that the
developer took the initiative to build a house before sewer was avail-
able.
Mr. Sasser stated that he believes that sewer was available prior to
the time the Resolutuion was rescinded. He is just asking for whatever
help Council can give because the Resolution was in effect at that time.
Mayor Effron stated that if we do any work on these eligible lines we
a~e jeopardizing our entire sewer project.
Mr. Killgore stated that there is no way that the City can contribute a
portion of the cost of this line without setting a precedent.
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MINIIPES
REGULAR CITY COIhNCIL MEETING
SEPTEMBER 5: 1972
ADFfENISTRAT IVE: cont' d.
Mr. Archie moved that the request for assistance be denied, seconded by
Mrs. Jackson. Motion ca~ied 5-0.
LLnder normal proced~e he can proceed with the cost himself.
Authorization to Sign Cont-maot - Blue Shield of Florida, Inc.
Mr. Kiltgore recommended that the contract be signed, the expiration
date is Septembe~ 15th.
Mrs. Jackson moved to accept the City Manager's recommendation: seconded
by Mr. Blanchette. Motion carried 5-0.
Request for Abatement of Taxes
Mr. Killgore repOrted that the City is holding the following tax sale
certificates, dated June 5, 1970, for unpaid personal property taxes
on the following businesses which are no longer in eXistence.
~7451 Albert Lain~ dba Lake Worth Sheet Metal $ 24.20
~7452 M & R Harvest Shop
54.57
~7453 Dorothy McKnew, dba Toni's Knit Shop
9.97
$ 68.54
He recommended that the amounts be abated and the tax roll cleared
the total delinquent figure. The City Attorney concurs.
M~. Roberts moved to accept the City Manager's reeommendation~ seconded
by M~. Blanchette. Motion carried 5-0.
Establish Date for Public Hearing on Proposed General Development Plan
and Consider Corrections to Brochure after Review of Council
Mrs. Jackson moved to table this item, seconded by Mr. Archie. Motion
carried 5-0.
Attendance of City Manager to International City Management Association
Conference
Mro Killgore requested permission to attend the Inte~ational City Man-
agement Association conference in Minneapolis: Minnesota from September
16th to 21st.
Mr. Archie moved that the request be 9ranted, seconded by Mr. Blan-
chette. Motion carried 5-0.
MINUTES
REGULAR CITY COUNCIL MEETING
SEPTEMBER 5, 1'972
OTHER
MayO~ Effron asked Mr. Killgo~e to gi%e a brief, report of the meeting
set up by C~essman Roge~s~ regal~/ng flood l~surance.
Mm. Killgore reported that there is ue~Y little additional information
or eo~finmation on the exact requirements that the City has to meet
afteT the City goes off the Emergency Plan.
Mayo~ Ef~z~on Stated that .ch.a~. ?es are, C~ngr~ss~an Rogers will follow
up on mo~e ir~oTmation in view Of all the q~estionS.
Meeting adjourned at 9:15 P. M.
ATTEST:
~City Clerk
CITY OF BOYRTON BEACH, FLORIDA
Robert B. Effr6n~/~4~or
~ld L~r~ette, Counei~
~vid Robe~s~ Co~ci~-- -
~10-