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Minutes 08-15-72MINL~ES OF REGULAR CITY COUNCIL MEETING HELD AT CITY HALL: BOYNTON BEACH, FLORIDA~ AUGUST 15: 1972~ at 7:50 P. M. Rober~ Effron, Mayor Mrs. Emily Jackson, Vice Mayor John L. Archfe, Councilmen Harold L. Blanchette, Councilman David P~lberts, Councilman Travis E. Killgore: City Manager Mrs. Tereesa Padgett, City Clerk Gene Moore, City Attorney Mayor Effron ea]lmd the meeting to order at 7:30 P. M. The Invocation was given by the Rev. Clifford E. McWhorter: Curate, St. Joseph's Episcopal Church: followed by the Flag Salute led by Gene Moore, City Attorney. ANNOUNCEh~NTS Mayor Effron /ntroduced exchange student from Japan: ~oshikawa Hitomi. She is one of 300 Japanese exchange students presently in the U. S., 23 of whom are in the State of Florida. We have 8 students from the State of Florida in Japan at this time. This is an exchange program which has been worked out by the Lions Club: who deserve great credit for this effort to advance goodwill among nations. Miss Yoshikawats fathe~ is connected with the Japanese government /n education. Dr. Shepherd, in whose home Miss Yoshikawa had Been visiting: presen- ted letter writtenhy the Mayor of Miss Yoshikawa's hcme city to Mayo~ Ef£ron~ which Miss Yosh~Na translated. It extended Best wishes from the Japanese city to the City of Boynton Beach, and expressed appre- ciation of the Lions Club exchange program. Mayor Effron then presented the Key to the City of Boynton Beach to Miss Yoshikawa, as a token of appreciation for her coming to the ~nited States and the City of Boynton Beach. Miss Yoshikawathanked the Mayor very much for the key. Also introduced was a Japanese friend of Mi.s Yoshikawa, whom she had met since her stay in the ~nited States. Proclamation - Womans Suffrage Day, August 26, 1972 Mayor Effron read Proclamation designating August 26, 1972 as Wce~ns Suffrage Day. 1972/!97~ Budget Mayor Effron announced receipt by the Council of City Manager's re- commendations for the new budget~ and suggested meetings as ~ollows: Workshop meeting-Thursday: Aug. 24 - i to 5 PM - Council Chambers Workshop meeting-Thursday: Aug. 51 - I to 5 PM -CouneiI Chambers Public Hearing -Thursday, Sept. 7 - at 7:30 PM- Council Chambers MINUTES REGULAR C~I'Y COUNCIL MEETING AUGUST 15, 1972 1972/1973 Budget, eont'd. Mayor Effron stated all of the abOVe meetings would be op~l to the public. It was decided by Council that the abOVe meetings would be held as ree~ended. MINTdTES - Regular Meeting August t: 1972 M~s. Jackson corrected ~sweeping~' at end of let l~ne: 7th paragraph~ Page 5 to '~cleaning~. Also on Page 12, 5th paragraph from bottcm~ third word from ~ight margin was corrected to ~new~'. Mr. Arellie mOVed that the minutes be accepted as corrected: seconded by Mr. i~ober~s. Motion carried 5-0. PUBLIC AUDIENCE Mr. Robert Beyrer requested to speak on Sec. D~ Admmnm~tratmve. He asked when copies of the budget wi!l be available to the public, and was informed there would be a copy at the Library and one in the City Hall. After the workshop sessions copies would be printed up and they would be available to the public at a nominal charge. Mr. Richard Vastine: 132 Leisureville Blvd., requested to speak on Sec. D, Administrative. Mrs. Lillian Bond: 285-A High Point Blvd., asked if there is a pro- gress ~eportg~th respect to the parking problem at the beach. Mayo~ Effron informed her that the City Manager is proceeding with the park- ing situation: and the fee arrangement. This will probably be ready ~ for presentation about October let. Effort is being made to be pre- pared by the time the season sta~cs, so residents will be assured of space at the beach. Gene Ferris~ 5305 Canal Drive~ stated that he feels the children of Boynton Beach have bean deprived of the joys of water skiing because of the County Health Department rulings. Discussion was held re me~it of various laboratory tests. Mr. Effron read letter from Mr. Lukin: County Health Department. Mr. Effronthenturned the letter over to the City Manager to contact that office on the ski matter. Norman Strnad~ ~703 S. Federal Highway: stated that the problem Of dust from Colonial Club has been resolved~ through Mr. Jim O'Meara's - efforts. He requested that Council reconsider their decision in re- gaud to sweeping Federal Highway. Residents there should not be deprived of b~nefits enjoyed by others. Mrs. Jackson stated that other municipalities perform that service on county or state roads. -2- Mm~d~ES REGUtAR CITY COUNCIL MEETING AU~NdST t5~ 1972 P~BLIC AUDIENCE, cont'd. Mr. Killgore stated that Federal Highway will be put back on the City schedule for that service. ORDINANCES - 2nd Reading Ordinance No. 72-21 - Request for .Annexation, St. Andrews Corporation Mrs° Jackson requested the City Attorney to read letter of August 7, 1972 from Ralph A Marsicano, League Counsel, Florida League o£ Cities, Inc. giving opinion re Legality of the City's procedure4 He confirmed the City Attorney's opinion that the City was proceeding in a legal manner in annexation procedu~eso The City Attorney read Ord. ~72-21 by title. Mr. Archie moved that Ord. ~72-21 be adopted on second and final read- lng, seconded by M~s. Jackson. Motion carried 5-0~ OLD BUSINESS Consider Request of Rev. Sylvester Wright - Conditional Use~ Church Building (On the table) Mrs. Jackson made motion to remove fz~xa the tables seconded by Mr. Blanchette. Motion carried 5-0. Mr. Killgore presented resume with attached drawing indicating pro- posed location of church~ with 17 parking spaces on site, stating that Rev° Wright had indicated the membership will be small, and 17 spaces will be sufficient for a considerable length of time. Mr. Archie moved that conditional use for a church be 9ranted~ and · C the City Attorney draw up the proper enabling ordlnan e, based on site plan as submitted. Mrs. Jackson seconded. Motion carried 5-0. The Rev. Wright expressed appreciation for the Council's affirmative action. Amendment to Municipal Ordinance No. 62-9 (On the table) Mr. Roberts made motion to remove from the table, seconded ~y ~l~. Archie. ~otion carried 5-0. Mr. Ki!lgore's resume which had been submitted to Council, suggesting several a!te~natives, was discussed. Mrs. Jackson stated that Step 3 on Page 2 should read WThe plans would be submitted to the Plar~uin~ S Zoning Board who would recommend to Council. ~ -5- MINUTES REGULAR CITY COUNCIL MEETING AUGUST 15, 1972 Amendment to Municipal Oz~inea%ce No. 62-9~ cont'd. It was brought out that Candeub~ Fleis~ig Associates will provide proof copies of proposed brochure and text of proposed General Development Plan next week. Mayor Effron expressed the thought that an o~dinance regulating PUD should be enacted as soon as possible to cont-~ol development. We cannot stop growth: but it is desirsJole to regulate it through density controls. Mr. Archie stated that the moratorium on zoning requests instituted by Council some time ago is a problem to our citizens, and r~conmmendedim- mediate adoption of the proposed zoning ordinance - and make changes as they are needed. Albert Wehrell~ 938 Isles Road: agreed with Mr. Archie: statingwe have something that is workable in his opinion~ and changes can be made in the future. Considerable disoussion followed. Mr. Btanchette stated that Delray Beach is going through the same proh- tems~ and on August !4th they were defeated. He suggests Council move on the third alternative presented. After additional discussion Mrs. Jackson moved as follows: To continue with the presently authorized compreher~ive 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. Mr~ Archie seconded. Bob Largent~ City Planner, questioned the advisa- bility of adopting a zoning map and ordinance that was not in accord with the master plan. Motion passed 4-I. ~yor Effron voted ~:no~. Consider Application for Beer License (George Culver) (On the table) Mr. Archie made motion to rem~,e from the table~ seconded by Mrs. Jack- son. Motion carried 5-0. The City Manager recommended that the application be acted on adminis- tratively without Council action~ and be signed as meeting the zoning code~ in view of the fact that See. 3-20 of the City Code allows remedy with respect to additional requirements by the City Council which may be imposed later. Mr. Kitlgore indicated this license would be in conj-~action with restaurant license. Mr. Archie moved thz~ be handled administratively, chette. Motion carried 5-0. seconded by Mr. Blah- MINUTES REGULAR CITY COUNCIL MEETING A~JST /5~ 1972 Clsmify Charter and Ord/nance P~ovisions (M~. Roberts) Re - Resolution 72-Q - Amending Existing Civil Service Personnel Rules g Regulations He understands that in Res. 72-Q the jobs of City Planner and Engineer have now been moved from uncl.as$/fied personnel (to serve at the plea- sure of the Council) to classified personnel (with Civil Service status~ and requested.cla~ication. He questioned whether a resolution could legally override an ordlnanee. Mm. Moore stated that the Charter sets forth any amendments to the Civil Service Rules & Regulations must be made by resolution, and if it is the interco to give those jobs Civil Service status they would no longer be in the non-classified categol~]. Mr. Roberts asked for an opinion that the Council was not circumventing the Charter. He referred to Sec. 25 of the Charter, and also Sec. 49. Mr. Moore confirmed that the Council action was not in confl/ct with the Charter and stated that proper procedure would be - when recommen- dations are made to fill the new positioms as recommended in the organ- /zational chart the duties of saidpos~wions and compensation would be set forth. Re- Ordinance 72-25 Mr. Roberts requested clarification re legality of Ord. ~72-25 adopting Organ/zational Chart which removes City sanitation operations from the Department of Public WoDks~ stating that Sec. 63 of our Cha~ter speci- fically includes sartitation services as pai~c of the duties of the Department of Public Works. Mr. Robert Beyrer supported this view from the floor, based on the word- ing of the Charter, and expressed his object/on to any breach o~ said instrument. The City Attorney stated that the Council may interpret the Charte~ in any way they see fit to enhance the efficiency of City operations o The Charte~ is a viable type thing, and should be intemp~eted so as to run things in the best possible way, and subject action was within their legal authority. Vice Mayor Jackson requested legal opinion in writing f~om the City Attorney that the Council is not in violation of the Charter. -5- MINUTES REGGLAR CITY COUNCIL MEETING AUGUST t5, 1972 ADMINISTRATIVE Destruction of Certificates - Chase Manhattan Bank Mr. Killgore recommended destruction of certificates of Chase Manhat- tan Bank, total value of $124,142.02~ as follows: GO1303 G01314 G00871 GO1304 Mrs. Jackson moved to destroy the above certificates: seconded by Mr. Blanchette. Motioncaz~ied 5-0. (The intent being to file the certificates to indicate the destruction of bonds and coupons as noted on subject certificates.) Use of Council Chambers Mr. Kitlgore cited letter to Mrs. Padgett f~ South Palm Beach County Democratic Association requesting consideration for pemmission to hold meetir~s in the City Hall Council Chambers once a month, and requested expression of policy on these ~equests.' Mr. Roberts stated he is concerned with local elections coming up soon. In view of the fact that 5 City Councilmen will be elected, and we have no adequate facilities to accommodate large gatherings he pro- poses that the Council Chambers be made available, under the following rules~ for public Sponsor must invite all candidates and news media to the forum at least tan days prior to date of meeting Nominal assessment of $25.00 to cover cleanup, etc.: be made~ to be assumed by the sponsor uniformed police officer be in attendance (responsibility of the sponsor) Mr. Roberts stated his interest is strictly for local elections and those z%unning for City Council. Mrs. Jackson stated that she believes this is a public service that could be given to the public, even in partisan elections. Mr. Archie thought it should be opened up to all clubs if they wish to use it. Mr. Bianchette suggested use of the Civic Center, because to attend meetings in the City Hall Council Chambers necessitates climbing stairs to the second floor. Mr. Arehie made motion to adopt Mr. Robert's letter as basic rules of proeedure~ and partisan political par~ies be accommodated. Mr. Kill- gore is to handle the matter administratively, and fee of 825.00 is to be paid by the sponsor. --6-- MINUTES REC~dIAR CITY COUNCIL MEETING AUGtkgT 15~ 1972 Use Of Council Chambers~ cont'd. Mr. Blanchette seconded. Motion carried 5-0. Consider Appointment of Public Defender M~. Killgore ~eported receipt of letter f-~om Judge Tcmberg which points out any and all indigents a~e entitled to legal counsel on any charge if a jail tei~a is in question~ and requested advice as to the course to be taken~ Mr..Xillgore~ ~e ~Cx~mended appointment of Public Defander to serve upon notice from the Judge hud/or the City Manager at the minimum rate established by the Florida Bar Association. Discussion followed. P~s. Jackson made motion to table this item withordinance to be brought to the next meeting, a~d get information from Judge Tombez~. Seconded by Mr. Archie. Motion carried 5-0. Petition for Annexation of Charter Wortd-Palmland Development Corp. Mr. Robert Bey~er spoke in his capacity as President of United Boynton Civic League, which is on record as approving planned annexation and expansion. He is in a quandary as to whether to approve this petition. He has heard stories it is cPU D, end ther~ is a g~eat possibility this PUD will contain high~iseso Certainly this town has already acted with respect to high rises. Therefore~ he would suggest if there is anything in these plans re structures higher than 45' we have nothing to do with it. He would further urge this Council to contact the County Plannin~ Department: and ask them to cooperate with our Planning Board re annexation, and a~range to get confozt~ity in zoning with County end City property. This may be a rush to get in under the wire of our City Plan, which has not been adopted and may not be for an- other 6 months. Every p~ecaution should be taken; we don't want to get into a mess with high rises when the City has voted against them. Mayor Effron stated this petition has to be considered by atl depart- ments of the City$ we are still 6 weeks away from this. The City Manager will then prepare a complete package as he did on the Indus- trial Par~, and St. Andrews. This is only their proposal, and as con- sideration proceeds there will p~obably be many changes. If we have this attitude petitioners will go to the County and we will have no control. Mrs. Jackson stated that Palm Beaeh County Master Land Use Plan for their unincorporated areas is now being prepared, and there is a mora- torium on annexation in the County. Mrs. Jackson made motion that the City declare a moratorium on annexa- tions until the County ar~ City can be coord/nated with respect to unincorporated land. -7- MINUTES REGU3m%R CITY COILNCIL MEETING AUGUST 15, 197~ .P.~t~tion for Annexation of Chaz~cer World~ cont'd. Mrs. Jackson further stated the County has a moratorium on thei~ unin- corporated area because there is a critical situation in many water and sewer emeas, and because their County Land Use Plan is in the works, and they want to wait until it is fulfilled. The motion died for lack of a second. Mr. Vastine spoke as Vice President of the United Boynton Beach Civic League, stating at this point he is neither for nor against the Peti- tion, until he gets the facts: but requested clarification on the fol- lowing points: Based on poss/bility of only 100 acres coming in at a t/me~ will a full plan of the entire PUD project be pre- sented as it was done for Lelsureville? Developer should be requested to give full scope of plan from star4: to firuish. Will .~he Ordinance on building height be maintained? Will the developers submit similsm documents as did St. Andrews: as requested by the City Manage~ and Council? Will a new PbLD o~dinance be introduced prior to annexation? 5. In thei~ documentation, what does Palmland mean by their statement "Parcel 21~ consisting of approximately 20.5 acres, will be reserved for fire station, police station, public I/brary, city hall or municipal building, all owned by the City of Boynton Beach" Who is going to pay the bill? 6. Will the sewer hookup charges be the same, or more, as de- tailed in the D~exel agreement? Hookup fee of $575? This matter should be studied vemy carefully, not rushed into. They want to see the City 9Tow in an orderly manner to the best interests of all. Mayor Eff~on stated all these details will be worked out /nvarious City departments. It will take another month om 6 weeks for a com- plete package. The matter of adve~tm.~ng was mentioned by the City Attorney. M~. Roberts and Mrs. Jackson stated the matter should not be advertised until we have more information. Mrs. Jackson stated we should have the cc~pletepackage before advertising. -8-- MINUTES REGRLAR CITY COUNCIL MEETING A~GUST 15: 1972 Petition fo~ Annexation of Charted World, cont'd. Fir. Arehie also stated advertising should not be done at this time. Thomas O'Boyle~ 1002 S. W. 4th Way, stated we should get everything from this ChaDte~ World Co~poration the same as we did from St. An- drews: everything in writing. M~. Killgore did a good job with pre- sentation of St. Andrews request. He is not against annexation if it is done in the proper way. Mrs. Jackson took a good position gard~ng St. Andz~ws. :We do not want high rises in the City of Boynton Beach. Mr. Killgore stated he would take care of the complete package promptly. The City Attorney stated there is no question of any high rises~ noth- ir~ to exceed 45: /imit. There is no question they will not conform to ordinances and regulations of the City. APPROVAL OF BILLS George Davis, Architect Balance of Police Complex $ 4,525.40 Mr. Killgore recommended the bill be paid. Mr. Archie moved the bill be paid: seconded by Mr. Blanchetteo F~tion passed 5-0. Applications fo~ Pez~aits to Solicit in the City of Boynton Beach Mr. Killgo~e presented the following and recommended approval: Moose Lodge for Musculam Dystrophy VFW Poet ~4141 Mrs. Jackson moved to approve: seconded by Mr. Archie. Motion car- ried 5-0. Request for Refund on Cemete~f Lot Mr. Killgore presented request of Mr. Etienne L. Jansegers for refund of purchase price less 20~ (amount $60.00) on Lot 119, Block E, Boyn- ton Beach Memorial Park, and recommended approval. -9- MINUTES REGULAR CITY COUNCIL MEETING A~GUST 15~ 1972 Request for Refund on C~mete~y Lot~ eont~d. Motion made by Mrs. Jackson to refund in the amount of $60.00~ sec- onded by Fn~. Blanchette. Motion carried 5-0. The meeting was adjourned at 9:15 P. M. CITY OF BOYNTON BEACH, FLORIDA Robert B. Eff~on~ ~yor · ~s. ' M. J =on~ ce ayo~ ~Ha'rold ~.~M~A~het~ce, Councilnfan -10-