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Minutes 06-06-72MINLrfES OF REG~IAR CITY COUNCIL MEETING HELD AT CITY HALL: ~OYNTON BEACH: PLORIDA, dIANE 6~ 1972 AT 7:50 P. M. PRESENT Robert B. Effron, Mayor Mrs. Emily M. Jackson, Vice Mayor John L. Ale/tie: Councilman David Roberts~ Counci/man ABSENT: Harold Blanchett e Travis E. KilIgore, 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 James O'Meara, Manager, Chamber of Commerce, followed by the Flag Salute ted by Mrs. Tereela Padgett, City Clerk. ANNOUNCEMENTS Mayor Effron announced that on Thursday, June 8th at 2:00 P. M. there will be another Workshop meeting of Planning & Zoning Board and Council with the Planning Consultants, Candeub: Fleissig, to go over another phase of updatin~ the Master Plan. The Mayor also announced that on Friday, June 9~h, at 1:50 P. M.~ is the meeting of the Palm Beach County Municipal League. The Mayor also reminded everyone that Saturday at 10:00 A. M. will be the running of the Annual Soap Box Derby at S. 15th Avenue Bridge. Mayor Effron then stated that three petitions have been received: 1. Petition presented by S. W. 1st Avenue Area residents Re - Sound and Exhaust Pollution Petition presented by Velaire Drive Property Owners Re - Zoning Change Petition presented by Village Royale residents Re - Dog Nuisance The Mayor recommended these be refe~Ted to the City Manager for action. Mr. Az~hie mo~ed that the petitions be acknowledged by Council and turned over to the City Manage~ for action. Mrs. Jackson suggested that the petition regarding zoning be given to the Planning & Zon/ng Board. Mr. Archie accepted the amendment. Mr. Roberts seconded the motion. Motion ca. tied 4-0. MINWdTE S REGULAR CITY COUNCIL ~.ETING JUNE 6: 1972 MIIVdTES Regular City Council Meeting - May 16~ 19.72 Mrs. Jackson clarified Page 1 that she gave Susan Spender a litter bug badge made by the Boynton Beach Elemanta~y School. Mr. Robe~cs moved that the minutes of May 16th be accepted as co~rected, seconded by Mr. Archie. Motion ea~ied 4-0. PUBLIC AUDIKNCE Albez~c Wehrell~ Boynton Isles~ disagreed with Mr. Killgore's remarks abOut tax revenue. He stated that Mr. Killgore only told one side of the coin. A great number of Boynton Beach citizens came here because it was quiet, unspoiled~ and relatively peaceful. Mr. Wehrell pointed out disadvantages of big cities. Control the City by l~v density~ zoning~ and height re- strictions. EddieMitchell: 329 N. E. 1Rth Avenue~ stated we who have been here many years have seen Boynton Beach come a long way. We are interested in pro- gress, and not remaining as we presently are. We sympathize with those that retire~ b~t we are not interested in just retirees. We are going to have progress ~n the City of Boynton Beach. Mayor Effron stated that there will be budget hearings and the citizens should watch the budget. What Mr. Killgore stated at the last meeting was only con~mon sense. If you stop progress in an inflationary period prices are going to go up. The more you have on City utilities, the less cost to everybody. Herman Porbas~ 425 N. W. 4th Ave. ~ stated that there is a City ordinance regarding Off street truck parking. No truck is allowed to park on the street fo~ more than 15 minutes. There are men bringing their trucks home from work and parking them on the street. He asked that the Police Dept. do something about it. Mr. Porbas also stated that automotive repair is being done at all hours of the day and night. When the black policeman came out he said that the PH~ had given them a mortgage and they could do what they please to make their payments. We don~t want a junk yard~ he would like the Police Dept. to act on this. BIDS Civic Center Extension Mr. Killgore stated that there was a bid of $14~900 but the contractor was not able to obtainthe appropriate bond. A bid was also received from M. J. Hemminger in the amount of $19,000. Mr. Kitlgore recommended that -2- MINU~ES REGULAR CITY COUNCIL MEETING JU~]~ 6~ 1972 BID - Civic Center Extension~ cont'd, the bid from M. J. Hemminger be aecepted, or go out for rebid. Other bids would probably come in at this figure. Mr. Archie moved to accept the City Manager's recommendation~ and award the bid to Mo J. Hemminger in the amount of $19~000~ seconded by Mrs. Jackson. Motion carried 4-0. LEGAL Ordinance No. 72-15 - Approval of Leisureville Plat - Section VIII Mr~ Moore read O~d. ~72-15. Mrs. Jackson moved to adopt Ord. ~72-t5 on second and final reading~ seconded by Mr. Archie. Motion carried 4-0. ORDinaNCES - 1st Reading Ordinance NO. 72-16 - Chingos Annexation ~equest Mr. Moore read Ord. No. 72-16. Mrs. Jackson moved that Ord. No. 72-16 be passed on !st reading~ seconded by Mr, Roberts. Motion carried 4-0. Ordinance No. ~2-!7 - Pine Point Villas Annexation Mr. Moore read Ord. No. 72-17. Mr. Archie moved that Ord. No. 72-17 be passed on 1st reading, seconded by Mr. Roberts. Motion carried 4-0. Mayor Eff~on clarified that the Chingos property i~on$,Federal Highway~ they are planning to build a shopping cente~. Pine Point Villas is on North Seacrest Blvd., which will be condominiums very similar to High Point. Authorization for City Attorney to defend - State of Florida vs Walfield, et al Mr. Moore stated that this is a combination suit. The parcels involved include Police Pistol Range: and a portion of the Sewer Plant site. We are trying to ascertain if any utilities will have to be relocated. We need to deny any appraisals and have our own appraisals. We will prob- ably be able to settle with Department of Transportation. We need to file a~ answer of acknowledgement if we are going to defend the City in this matter. Mr. A~chie moved to authorize the City Attorney to defend the City against the State of Florida in the Walfle!d case: seconded by Mrs. Jackson. Mayor Effron asked if Walfield is contiguous to this property. The City Attorney stated that they are a nominal defender~ one of 8 or t0 defen- dants. Motion carried 4-0. -3- MINL~E$ RE~I1Lk~ CITY CO%LNCIL MEETING 0IINE 6~ 1972 ~LEGAL, oont Peninsular Property Suit Mr. Moore repo~ced that on May 17th the City was served with a suit for relief by Peninsula~ P~ope~ty, which involves three lots$ 113, 114, 115, High Point. This zs a matter that came before Council previously. They are zoned R-1AA, they requested a eharkqe to R-2A, which was a 9-2 vote. They have filed for relief by the Couz~. The property north and south of these lots is zoned I~-2. The situation is spot zoning. One of the maps in the City indicates that these particular lots are zoned R-2. The suit has been filed~ we need some so~t of direction. The City Attor- ney does not feel that City's position is defensible. Mayor Effron recalled that Peninsular wanted to build a quadruplex. The biggest ob3eetzon ._rom the people in the area was the additional traffic. He believes that 26th Avenue is goinq to be opened. Mr. Moore stated that tomorrow is the last day to answer, but he could porribly get an extension. Mrs. Jackson moved to table this until Thursday, and have the City Attor- ne.y attempt to get. an extension, seconded by Mrs. Roberts. Motion car- r!ed 5-0. Mr. Az~hie abstained. Mayor Effron asked for a progress report on any other suits. Mr. Moore reposed that he received a courtesy copy of the Fnilnor suit, as Mr. Simon is defending the City. Mr. Simon filed a motion to dismiss on technical 9~%Lnds. Court denied that motion. The Court states a valid cause of action: and gives lO days to file an answer. He assumes Mr. Simon will proceed in due course. Mayor Effron stated he would like to hear Mr. Simon on this, and recom- mended this be tabled until Thursday. Mrs. Jackson moved to table this: and contact Mr. Simon~ seconded by Mr. Roberts. Motion eaZTied 5-0. Mr. Archie abstained. OLD BHSI~SS No Passing Zone & Speed Limit on Seac~e~ Boulevard Mr. Killgore stated that the County recommends the 25 m.p.h, zone on Sea- crest be increased to ~0 m.p.h, and the No Passing remain from 8. t5th Av~ north to Boynton Canal. The Police Department, City Engineer coneu~with the recommendation and Mr. Eillgore recommends it be approved. Mr. Archie moved to accept the recommendation of the City Manager~ City Engineer~ and Police Department, seconded by Mrs. Jackson. Motion car- tied4-0. -4- MINUTES REGULAR CITY COUNCIL MEETING 0ILNE 6~ 1972 OLD BUSINESS, eont~d. Status of Annexation Petition - St. Andr. ews Corporation ~&r. Killgore stated as he was directed: he did what he could do in explain- lng St. Andrews request. Held a meeting in City Hall, some 40 to 45 resi- dents came in and listened to the briefing. At that time some of the in- dividuals removed their names from the petition. Since then others have asked for their names to be removed. The~e is a baianee of 55 names on the petition. The Charter indicates 25 persons are a valid petition. He asked for 9uidance as to which direction to go. Mayor Effron stated there were 127 signatures on the petition~ if there are 55 remaining. 72 have asked that their names be removed, but according to our Charter as long as we have 25 names we have to have a referendum, is this correct? The City Attoz~ey stated, ~fes~ unless you want t.o exert further effort to attempt to bring the full facts to these remaining 55 people and/or the Petitioner would ask that the petition be withdrawn~ then that would render the whole movement.~' P~. Killgore stated he has sent a letter to the remaining names~ but has not made personal cor~caet. It n~ight help by letting people have more time on this. It shows by the number that took their names off that they did not have the complete information. Thomas O'Boyle stated that he is the one who started the petition in Leisurevitie. There would not have been a petition if we had seen what was shown Wednesday. There was a pretty good explanation. Of about 70 names on the petition from Leisureville, only about t0 from Leisure- vilte on there now. The people of Leisureville want pro~ess~ however: the people should know what is goiRg on. Mr. Arehie clarified that the Chairman of the Charter Con~nission has stated you have to remember in 19~7 the population in this City was 2,500: this Cha~ter was not adopted in 1947 it was 1967 when the population was i8~ 000. Mr. Archie moved to turn this back over to the City Manager for further work on his part, seconded by Mr, Roberts. Motion carried 4-0. NEW B~SINESS Authorization to Sign Lease - Re 1-95 Right of Way Mr. Kiltgore stated this is property being leased from palm Beach County for $1, 00 per year~ the City will lose 1.15 acres. There is no City facilities affected. The City Attorney and City Engineer have reviewed this request. He recommends that appropriate signatures be authorized for the request to be used for the !-95 Right of Way. ~. Arehie moved that the signatures be autho~ized~ seconded by Mrs, Jack- son. Motion carried 4-0, MINUTES REGULAR CITY COUNCIL MEETInNG JUNE 6: 1972 NEW B. USlNESS, cont 'd. Annexation Request of Florida Pneumatic Mr. Kil!gore mentioned there is another re~uest for annexation. This propezTy is owned by the Florida Pneumatic Corporation. They have a plant here, and would like to expand it. Th/s has been completely viewed by City Engineer and the City staff. The location is west of the rai3_~oad~ south of Miner Road with High t~ge Road on the west, conti9 ous to the City of Boynton Beach. Mr. Archie stated that the City has worked longer on this than any other annexation request. The Mayor then commended Fir. X~l]gore for the fine fob as far as presentation and format on the analysis of this annexation. He would like to see this type format used in every annexation request. This would give Council and the public all the knowledge they need on any annexation request. The ~ayor asked t~t any t/me there is any ques- tion: before signing a petition, to call someone at C~ty Hall~ preferably the City Manage~. He would ~ke to see this tyq)e of format in the future. Mrs. Jackson stated it is a fine way to n~e a presentation, this way we have everything in our hands. Mr. Archie moved that the City Attorney be instructed to draw up aFro- posed ordinance for the property in question: seconded by Mrs. Jac~on. Motion carried ~-0. Mrs. Jackson believes this will be good for the City of Boynton Beach, it is clean industzg. Mayor E£fron stated it is light industry, and will also provide jobs. ADMINISTRATIVE Request for Additional Personnel at Sewage Treatment Plant Mr. Killgore reported that he made an evaluation based on the Operation and Maintenance Manual which was approved byE.P.A, and the snnualrepor~ submitted by Russell & Axon~ which specifically outlines requirements that must be met in o~der to properly service and maintain our sewer plant, li~t stations and transmission lines. He feels this cannot wait for the budget review, and should be implemented immediately. He is con- cerned with the lack of emphasis that has been placed on this operation of the sewer system, and possibly the water system, in the past~ and will submit in the near future a pgan of oz~Janization which will assign these two services to a Director of Utilities. Mr. Killgore recommended immediate approval of six additional personnel and purchase of an additional vehicle at a total cost of approximately $15,000 until the end of this fiscal year. Funds are available in the HtilityFund. -6- MINUTES REG~ILAR CTTy COUNCIL MEETING J~NE 69 1972 ADM~IN!STRAT!VE~ eont Mr. ¥~l!gore stated he is working on reducing hours and paying all em- ployees for overtime. Mrs. Jackson moved to accept the recommendation of the City Manager and hire additional pemsonnel for the Sewer Plant~ and purchase one truek~ seconded by Mr. Archie. Motion ca, tied 4-0. Transfer of Funds Re Florida East Coast RR Crossings Mr. Killgore asked that this item be deleted frcm the Agenda~ as action has been taken. Request to Property ~ne~s - Re Sanitary Sewer Hookup Mr. ]qi!lgore stated that a number of property o~naers were notified to hook up to existing sewer lines. They must be connected to the sanitary sewer system approved by the City~ according to State taw. This cannot go any longer. We could get a citation from the Health Department or maybe get in trouble with our Bond people if we don~t do what we have committed ourselves to do. Letters have been mailed to these people. Mr. Killgore will handle this administratively. Approval of Bills Russell & Axon~ Consulting Engineers Adams Chevrolet~ Inc. Pa!mBeach County Traffic Dept. Standard Oil Company C~abtree Construction $ 22~252.53 5:075.00 4~879.72 1~060.00 8,919.08 Mr. Killgore recommended approval of the bills. Mr. Archie moved that the bills he paid~ seconded by Mrs. Jackson. Motion carried 4-0. OTHER Thomas O~Boyle came forward and commended Mr. Killgore for the document he submitted for the annexation of Florida Pneumatic. Jackie Bolden~ Chai~nan of COBY: stated he has been observing the whole meeting~ and nobody has mentioned a ~damn thing'~ about what was protested Friday. He furthe~ stated that if action is not taken in their community they are going to have to dig a little deeper and touch a few sensitive nerves. They did no~ march for the newspapers or television~ but because they a~e concerned. -7- MIN-dTES REGULAR CITY COUNCIL MEETING J~%~ 6~ 1972 OTHER, cont ~d. Mayor Effron stated, with regard to the peaceful demonstratio~ that was held at City Hall, as he told all of them then~ we appreciate the peace- ful demonstration. At that time he requested they put their requests in writ/rig on a priority basis. We cannot do everything at once. The City did meet with the County Commission with regard to 10th Avenue, so we are moving ahead ~ith one of the requests. Mr. Bolden stated they can only eont-~ol people so ~ar. They ~ant aekion, and they want it now] Holiday for City Employees Mayor Ef£ron stated that in looki~g at the calendar~ at the last meeting Council changed the regular meeting from July ~ to July 5. Her e commended that July 3 be a holiday for all City employees. Mrs. Jackson moved that July 3 be a holiday for all City employees~ sec- onded by Mr. Roberts. Motion earried 3-1. Mr. A~chie voted ~no~'. ADJOUi~NI~ENT Meeting adjoumned at 8:45 P. M. CITY OF BOYNTON BEACH, FLORIDA Robert B. Eff~'o~ayor~ M~~ Mayor ATTEST: City -8-