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Minutes 07-05-72M/NUTE$ OF THE REGULAR C1TY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, ~/LY 5, 1972 AT 7:30 P. M~ PRESENT: Robert Effron, Mayo~ Mrs. Emily JacksOn, Vice Mayor john L. Archie~ Councilman David l~oberts, Councilman Travis E. Kill, ore, City Manager Mrs. Tereesa Padgett, City Clerk Gene Moore, City Attorney ABSENT: Harold Blanchette, Councilman Mayor Effron c~lted the meeting to order at 7:57 P. M. The Invocation was given hyR/ohard Vastine, President, Leisureville Cor- poration, followed by the Flag Salute led byuieeMayorEmilyJackson. Citation of Appreciation Firs. Paula Moore, President of the American Legion Unit No. 164, pre- sented a Citation of Appreciation to honom Mrs. Tereesa Padgett, a lady who has been a wonderful help to her. Mrs. Moore thanked Mrso Padgett for helping to make her term o~ officer/lc success it was. Proclamation - Sa__~nteto Boynton Beach Week The Chamber of Commercerequested that the Council designate July 24-28 as Salute to Boynton Beaeh Week. The Chamber of CCmmerceandWDBF will coord/nate plans to salute our City. At the next ~egularmeeting there will be a forn~ p~octamation. MIIfdTES June 20, 1972 Mr. Archie moved that the minutes of June 20th be accepted as written, seconded by Mr. l~obe~cs. Motion carried 4-0. PUBLIC AUDIENCE R. B. Vastine, 152 Leisureville Blvd., officially representing the Lei- sureville Board of Directors, stated they have had numerous requests con- cerning flood insurance. He read a letter that he had written to the City Counnil, dated July 5, 1972, and presented it for the record. He would appreciate a reply. Mr. Vastine presented Council with a copy of the letter. Mrs. Jack~on suggested that Ray Allen come to a meeting and explain it to the public. Mayor Effron stated that the 1971 Council discussed flood insurance and, based on the City Manager'~ reccmmendation at that time: Council voted not to partieipate in the Federal p~og~amregard/nq~.floodinsurance. -1- MINUTES REGtlIAR CITY COUNCIL MEETING JULY 5, 1972 PUBLIC AUDIENCE, cont'd. The reason was the vast number of strings attached: and high cost. He has ta]_ked with the City Manager about flood insurance, and a~ked him to ~eitcrat~~ his opinion. ~. 'K~'llgore stated that there has been some changes in the law: he has sent for this, and does feel this can be fux~zher reviewed. He undez~ stands they require Stcq~m drainage~ sea walls~ end certain setbacks. He will obtain more information and cheek it out further. Robert Beyrer as$ed to speck on the Annexation Request of St. Andrews if if comes up. Harry LeFo~te also requested to speak on the St. Andrews ~equest. Mayor Effron stated it will come up under LEGAL. BIDS - ~T Awarding t 1972 ~- on Pick-Up Truck for Sewage Treatment Plant Mr. Kitlgore stated that this was the vehicle authorized for a~m~e~eme~ ~ the sewe~ plant. He reeon~aended the bid be awarded to Coastal Truck & Equipment Company in the amount of $2~75~66. Mrs. Jackson moved to accept the City Manager's reco~nendatiOn, and awaZ~ the bid to Coastal Truck & Equipment Company in the amount o~ $2:731.66, ~o be delivered in 5 days. Motion seconded by Mr. Robez~cs and caz~2ied 5-0. Mr. Archie ~bstained. LEGAL St. Andrews CorpoMation Mayor Effron stated~ in view of the letter received from St. Andrews, re- questing a withdrawal from annexation unde~ the previous zoning, should this Council take foz~nal action as fa~ as accepting the withdrawal? Mr. Moore stated it could be done, but the final Ordinance would repeal ail other ordinances in eonflict. Mr. Archie moved to accept the lettem from St. Andrews relinquishing the original emalexation request, seconded by M~. Roberts. Motion ca~ried 4-0. Mr. Killgore stated that the letter is on file. Mr. Bey~er directed his comments to the people who may have been misled. They have been wamed of a f~llacy that it would be a~ extension to water and sewer. We have a million dollars ready for the expansion of these facilities~ that wa~months before St. Andrews was ever heard of. If we extend faci3-ities and don't annex: it means these people would have the -2- REGULAR CITY COUNCIL ~ETING ~/LY 5: 1972 LEGAL~ cont ~d. benefit of the facilities and our streets: and we will fail to get a dollar in tax money. They would accept R-5 zone and C-i zone for the Clubhouse and ~estaurant. He urged Council to take every action imme- diately to accept this annexation ~equest. Harry LePorte asked why nothing had bean done about the petition that quires a referendum. Mr. K/!lgore stated that as far as the petition is concemned~ the with- drawal makes it null and void. Mr. Archie stated that at the last meeting he was ready to cc~e up with a referendum, /n the meant/me, Mr. Beyrer came up with a very good case. Mm. Archie feels that the people who signed the petition would not have done so if the man changed his request fo~ zoning. He is not going to ask for a referendum that is going to cost the City approx/mate!y $1, 000 ~/when this in and requested a new petition for annexation for C-1 man came zone. + ~ ~ ~--~ Mr. Moore stated that the procedure no~ is that the intention to pass this ordinance fo~ annexation anybody who opposes that ord/nance can come forth and give reasons~ but it does not allow 25 people to require a referendum. Mr. LePorte questioned, and disagreed with Mr. Killgore:s Figures pre- sented previously. Mmo E/llgo~e attempted to explain his figures, but Mr. LeForte would not accept it. Further discussion was tabled until later in the meeting in order to be- gin the Public Hearing at 8:00 P. M. P~BLIC HEARinG 8:00 P. M. NO. 1 Lot 94, High Point Recorded /n Plat Book 23~ Page 225~ Palm Beach County Records Address: 2708 South Seacrest Blvd. Applicant: Dr. Edward F. Kiszka Request: Conditional~se for Doctors Office (Medical Building) Zoned: R-2 Mayor Effron asked if anyone wished to speak in favor of this request. No one appeared. The Mayor then asked if anyone wished to speak aga/nst the request~ No one appeared. -3- MIRWdTE$ REGULAR CItY COU2{CIL MEETING ~dLY 5~ 1972 P~BLICHEARI%~G~ cont'd. Mr. Moo~e stated this was fully heard by the Planning & Zoning Board, and unanimous approval was given. Mr. Moore read proposed Ordinance No. 72-22. Mr. Roberts moved to pass Ordinance No. 72-22 on fimst reading, seconded by Mr. Arehie. Motion carried 4-0. No. 2 Abandonment of Right of Way Requested byVillage Royaie~ Inc. Mr. Killgore stated there are a couple of items that have not been com- pletely cleared up. ~ne owner was changed from Village Royale to Boyn- ton Beach Mall. The~e is also a question on the easements with Florida POwer & Light. In view of the fact that this was advertised, the Public Hearing was held. No one appeared to speak in favor or against the request. The questions will be cleared up and a resolution brought to the next meeting. No. ~ Lots 11~, 114 and 115~ High Point S/D Recorded in Plat Book 25, Page 225 Pa/m Beach County Records Add~ess: 254-242 S. E. 26th Avenue Request: R-!AA to R-2 Applicant: Peninsular Properties, Inc. Mayor Effron stated that this rehearing has come be~ore the Council based on the motion by Mrs~ Jackson to 9~ve the people at the last pub- lic hearing~ September 7~ 1971~ a chance to be heard again. We are in court on this matter, the applicant, Peninsular Properties~ has sued the City for this requested zoning. M. V. ~elley, President of Peninsular Properties, spoke in favor of the request. He feels it is a just rezoning~ and requests it be rezoned to Mr. Roberts asked about the type of building to he in the area? Mr. Kelley stated they had planned a one story quadruptex, hut because of the holdup on the property~ the plans have been in limbo. Now~ as far as the number of stories~ it has not been decided° This area is next to the rai3_road tracks and R-iA is not ~easonable near the tracks. The whole area will be restudied, the street was constructed at our e×- pense~ the original plan submitted will no longer work. Mr. Moore stated that the original request was for R-2A~ now it is for R-2. The property '~ · ~ R-2 on both sides, can there be any reasonable justification to deny this man the requested zoning? MINUTES REGULAR CITY COU~NCIL ~EETING J~LY 5, 1972 PUBLIC HEARING~ con?d. People against the request came forward: Gary Winter~ 191 S. E. 27th Avenue, stated that he bought in an R-1AA zone~ and would like to see it maintained that way. F~yor E~fron pointed out that this is in cour~ and the way the parcel is presently zoned it is strictly a spot zoning on a strip of R-2J on both north and soh~ch side. ~ Mr. Winter stated that about 45 days ago he called and asked Peninsular if they would he willing to accept an offer on that property. They said no~ they already had plans for it. Leon Everett, 197 S. E. 27th Avenue, is opposed to any rezoning in this area: not only because of the fact that it is affecting h/m, but the whole City. Fm. Everett stated that this was zoned R-1AA at the time the property was purchased, and knew what they could do with it. Mayor E£fron asked Mr. Everett whet he thought about the traffic problem now that 26th Avenue is open. Mr. Everett stated that the opening of 26th has opened a race track. He has three young children~ and it is really a big conce~nto him. Mr. A~-hie explained that it does not matter what type of building is planned~ it has to be decided whether R-2 is the proper zoning. Mrs. Jackson stated that besides looking at the lend usage she believes that the people living in the neighborhood should decide how a neighbor- hood should be zoned. She believes they have the right to expect it to stay that way. Donald P~nmsey~ 146 S. E. 27th Avenue~ stated he was very ur~appy that 26th was opened to Seacrest Blvd. He was told this was going to be a eul de sac. He understands from minutes that Council first agreed this should be a culde sac~ then reversed themselves. He is completely dis- enchanted that the street was cut through~ and that they are r~Dw con- sidering changing it from R-1AA to another zone. He would prefer that it remain as it is at the present time. Mr. Ramsey stated that he is only a block and a hal~ away from the rail- road tracks~ he sees no reason why anyone could not live closer to the t~acks. Mrs. Jackson moved that the rezoning request be denied. Motion died for la~c of second. -5- MINUTES P~GULAR CItY COU~NCIL MEETING ~dLY 5, 1972 FdBLIC ~G~ cont'd. Mayor Eff~onpassed the gavel to M~s. Jackson, MAyor Effron made motion granting ~equest from R-1AA to R-2. Seconded by Mr. Roberts. Mr. Moore read O~dinance No. 72-23. Mayor Effron moved to pass Ord. No. 72-23 on first reading: seconded by Mr. Roberts. Mr. Roberts and MayO~ Effronvoted ~yes~. Mrs. Jackson voted ~'no~'. Mr. Archie ab- stained. Mr. Moore stated that it takes three affirmative votes to pass an ordin- ance. He recommended that this be placed on the neXt agenda: when the full Council is preserve. ~s. Jackson stated this was the second time that she did not have s~me- thing in her agenda for bad, up material. She feels they should have all the backup material. Mr. Moore asked Mr. ~elley if it was agreeable to defer action u/ltil the next Council meeting. Mr. Kelley stated he is willing to wait until the next meeting. LEGAL, cont'd. Annexation Request of St. Andrews Corporation, cont'd. Harry Le~o~te asked if this C-1 zone passes, will they still be able to get a referendum of the people. Mr. Moore stated that in his opinion the law does not require a refer- encY. Mr. LeFo~te then stated that we can get an opinion ~rom someone else. He again questioned Mr. ]Ci!lgore's fixates. ~. Kiilgore again attempted to explain his figures to Mr. LePo~e. M~. Archie asked Mr. LeFor~e why he is opposed to St. Andrews. Mr. LeForte stated that he does not thir~ it would be feasible and the people should have the opportunity to vote on it. Thomas O'Boyle, 1002 S. W. 4th Way~ stated that he took an active paz~ in the petition against St. Andrews Corporation. Then the St. Andrews Corporation sent the letter~ and Mr. Killgore did a terrific job of ex- plaining to the people at the meeting and explained everything to our satisfaction. All the people in Leisureville that signed the petition took their names off after the explanation. He is not against pro~ress in the City of Boynton Beach, Without progress, there would be high taxes, Mr. Kiltgore has done a good job: and should be congratulated. -6- MINUTES REGULAR C1TY COUNCIL MEETING ~dLY 5~ 1972 Proposed Amendments to Zoning Code Jack Barrett explained the proposed amendments to the zoning code. This amendment would impose R-5 density requirements on C-1 and C-2 zones. It would also raise the square footage requirement in R-/AA from 1500 to 1800. This is what the P/arming & Zoning Board recommends. ? Mayor Effron asked if the Plannirug & Zoning Board discussed R-1 and R-iA zones. Mr. Barrett stated that the Board did not recommend increasing these -' floor ~equir~%ents~ because it would e~eate hardships on young fam~ l~.es wishing small homes to star~ in. Mr. Archie moved that the City Attorney be instructed to draw up the proper ordinanee: seconded by Mrs. Jackson. Motion carried 4-0. Beach Property The question was asked from the audience with regard to the beach property. Mayor Effron stated that the County has had an appraisal of the 1100 ft. contiguous to the existing beach. At the last County Commission meet- lng~ Tuesday~ the issue came up with regard to the Boynton Inlet prop- erty. Commissioner Johnson requested an appraisal of the property. They are going to discuss this appraisal this coming.~rsday. The Town of Ocean Ridge is vastly opposed to the purchase of/~pexVcy within their municipality. ~ Mr. Killgore stated that he received a suggestion that a discussion be set up between the two Councils concerning the matter that Ocean Ridge e!aims they own the property that Boynton Beach claims they Mrs. Jackson moved that a meeting be set up withOceanRidge Town Coun- oils seconded by Mr. Archie. Motion carried 4-0. Mayor Effron requested that the City Attorney be present at that meet- lng. ADMINISTRAT ~VE Authorization to sign Agreement - 1-95 Utilities Relocation Mr. Killgore requested authority from Council to process agreements con- cerning the 1-95 rights of way. He can expedite these by being able to sign them rather than wait until they are processed. Mr. A~chie moved that the request be ~anted for authority of proper signature on these documents~ seconded by Mrs. Jackson, Motion carried -7- MINUTES REGULAR C~TY COUNCIL MEETING JULY 5~ 1972 ..A. pplieation for Permit to Solicit - Son~3!te Sof~ Ball S Youth Program Mr. Arehie moved that the request be granted~ seconded by M~s. Jacksorh Mm. Killqore stated that the applicant was asked to stay off State and Federal Highways. Motion carried 4-0. .Report on Traffic Sl~nal/zation RespoDs!bllity Mr. Killgore reported that the County requests operatm]on and ma/ntenance of traffic signals on alt County and State roads. This would include all but S. E. 4th St. and Ocean Avenue. This would save the City ap- proximately 40 to 50 thousand dollars a year. .Request for Refund on Cemetery Lots Joseph Logio requests a refund on his cemetery lots. The policy has been to ~efund purchase price less Mrs. Jackson moved that the request be granted, seconded by Mr. Arohie. Motion carried 4-0. Approval of Bills Adair & Brady, Inc. $ 5:271.58 Mr. Killgore recommended the hill he approved. M~s. Jackson moved that the bill be paid, seconded by Mr. Roberts. tion carried 4-0. OTHER Mayor Effron stated that in discussing the Insurance Agent of Record it was not discussed as to the form of compensation for the Agent of Record. It 'was decided that it would be a better approach that said Agent of Record not participate in a percentage of ccemLissions. Mayor Eff~on suggested that Mr. Killgore go through the Florida League o£ Cities or to the cities to the south, as to the arrangements. Fn0. Archie suggested calling Ray Sittigg. Mr. K/3_lgore will handle it administratively. Mr. ]Cillgore stated ~=I would 1/kc tonight to ask the citizens of Boynton Beach to bear with me and this City Council /n trying to tone down our voices. I have thought a lot about this in trying to work together, and stop this undermining critical attitude that '~s exist/ng in this City: and unless it does stop I will not be with you long. You will not understand when you do not try to understand. We have to ~espect the press~ I respect the freedom of the press. The people should say what they ~eel at all t/mos. --¸8-- MINUTES REG~IAR CITY COUNCIL MEETING JGLY 5, 1972 __OTHER, cont'd. The~e is a sickness in the City of Boynton Beach. There is a large per- centage of f/ne people in the City, maybe 9~. But there are people here that would take t/me o~t to print something that was di.tributed'~ ' to C/ty Hall through official mail channels, and was in therea~ of this' room to be piu/¢ed up. It is /m~oz~ant that evez~body: including the City Council: sea, ch their heaz~cs to see. if they are doing what is right. W~en the M/nisterial Association' does not want to come to this Council Chamber and say a p~ayer~ you should know something is wrong. I do not cave to read the contents of sheets t/kc these are, except to say it is poison. While I am here I am going to fight to put do~m this c~it/cism that is exist- ing. I am going to ~ork the hardest I can to work fo~ this City Council but fzw~m th/s day forward I am not going to fight anybody that is not trying to do thei~ 'job in this City. I want to be your ~/lager~ and do the job that is re~i~ed to be done. I you don't w~t a manage~ then I suggest ~ou change your Cha~ter f~mm a City Council-Managem form of gov- Mayor Eff~on Stated that he pointed out when this Council met to review 67 applicants fo~ the job of City Mana~e~ I told each and eve~] Council membe~ that this was one of the hardest jobs that they had was to select the ~ight man fo~ this ~esponsible job. In tl yea~s that I have lived in the City of Boynton Beach~ I sincerely feel we have the best City Ma~age~ this City has evem had. ADJOUPd~.I~ Meeting adjourned at 9:20 P. M. ATTEST: ~ City CITY OF BOY~ON BEACH, FLORIDA Robert B. Effro~, ./L. Archie, Councilman