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Minutes 05-02-72MINUTES OF RE~dLAR CITY COUNCIL M~ING HELD AT CItY HALL, BOY~ON BEACH: FLORIDA, MAY 2: i972 AT 7:50 P. M. PRESENT: Rober~ B. Effron, Mayor Y~s. Emily M. Jackson~ Vice Mayor John L. Amebic, Councilman Harold Blanchette~ Counci/man David Roberts: Councilman Travis E. Killgore, City Manager Mrs. Tereesa Padgett~ City Clerk Gene Moore, City Attorney Mayor Effron ea~led the meeting to order at 7:50 P. M. The Invocation was given by Mr. Luther Johnson, Ministerial Student~ Palm Beach Atlantic College, followed by the Flag Salute led by. Mr. Kiligo~e, City Manager. Mayor Effron announced that there is a meeting of Council and the Planning & Zoning Board with the Planning Consultants, Candeub, Fleissig and Asso- ciates: with re~a~d to updatin9 the comprehensive Master Plan on Thursday, May 4: at 5:00 P. M. Mrs. Jae]c~on announced that the Jr. Women ts Club has done a 9~eat service by paintin§ all the Kiddy Park equipment, a~d have raised the money to put in a drinking fountain. Mayor gffron ageeed the Jr. Women's Club did a fantastic Job~ they ordgin- ally bought this equipment, and keep up the maintenance. Mayor Effron announced that he end M~. Killgore attended the llth Annual Conference for City Officials and City Attorneys held in Tallahassee. Everybody said that they felt it was one of the best they have ~ver held. The prime concer~ was the action taken by the 1972 Legislature - a lot of these bi11.~ have not been signed hy the Governor. A lot was left up Ln the air: hut we did get a lot out of the cor~erence; water management act and new laws governing the occupational license. Mr. Killgore stated it was a very informative meeting. A particular pro- 9~em was how the City would fit into a ne~ revenue sharing plan. The City of Boynton Beach may qualify for $250~000 this next fiscal year be- Ginning the 1st of July. We have to do what is necessary to be eligible. We have adjustments to be made, and he will attempt to have tb/s ready by the next Council meeting. He feels we are getting action on the State level that will assist the municipalities. Mayor Eff~on announced that he received a letter from Donald Weed~ Princi- pal of Rolling Green Elementary School which was selected for the Co~aun- ity School Program. A director has been hired, John McYi~llian, so the Priam should be getting underway. -t- I~INRTES REGULAR CITY COUNCIL MEETING MAY 2~ 1972 PROCLAMATION Mayor Effron procla/med May 15-20 to be National Police Week, and May 15, of each year~ as Poliee Memorial Day - and called on all citizens to show appreciation for the Police Officers of this City by deed, remark and attitude. MINUTES - .Regular Meeting Apr. il 18, 1972 Mr. Arehie moved that the minutes of April 18, 1972 be accepted as writ- ten~ seconded by~ M~$. Jackson. Motion cazTied 5-0. PUBLIC AUDIENCE Eddie Mitchell, 329 N. E. 12th Ave. ~ stated that hopefully Item 7B will be a favorable report concerning test practices. He also c~/estioned several newspaper articles wi'th regard to discrepancies in h/ring City personnel. It states 47 blacks employed in the total of 200+ employees. It indicates certain Blacks as supervisory positions, such as equipment operators. This is not t-roue = they are not supez~isors. Put some blacks in these various positions; they can supervise whites and blacks and they have enough intelligence to pass the test. You do have a black supervisor in the Recreation Department, he is at Wilson Center - this is probably because you could not get a white person to 9o over there. Mr. Mitchell also asked that theg~ant from HUD be used to upgTade Wilson Center~ as well as othe~ a~eas in the City. They have just begun work- ing on the pool~ this pool should have already been open. F. C. Van Deusen~ 227 N. E. 22nd Ave.~ pointed out an area that needs to be cleaned up at 5rd Ct. and N. 25th Ave.: it has been there for months and someghing should be done about it. BIDS Sale of Used E~pment 1962 Ford l~ton trash body 1957 Chev. t~ ton flat bed 1965 tnt. 2 ton trash body 1951 Dodge l~ ton flat 1956 G MC ~ ton 4 Wh. Dr. 1965 Int. 2 ton flat Thezmo-Fax copy m ach/ne Patrieia Bunko $ 201.05 R. E. Bishop 151.00 Patrieia Bucko 201.40 Patricia Bucko 75.25 Patrieia Bucko 90.00 PatriciaBucko 206.00 Ben Johnson Landscaping 25.00 Mr. Killgore recommends that these high bids he accepted. Mms. Jackson moved to accept the City Manager's recommendation and award to the high bidder in each cases seconded by Mr. Blanchette. Motion carried 5-0. -2- REGULD~R CITY COUNCIL MEETING MAY 27 1972 BIDS~ cont'd. Awarding of Bid on Construction of Approximately 135' of Roadway on S. E. 2nd Street frcm E,,~st~ngPavement to $. E. 10th Avenue ~r. Ki!Igore repo~ted that the low bi'dder ms' RubinConstruction, in the amount of $2,925.55 - 45 days. He recommends this bid be accepted. Hardrives Bid - $~765, 90 days. Mm. Archie moved that the bid be awm~ded to RubinConst~uctioninthe amount of $2~925.55, seconded by Mr. Roberts. Motion ca~ried 5-0. PUBLIC HEAP~ING Resolution 72-K - Hazardous Conditions of Structure located on Lot 3, Block 9, Happy Home Heights (332 N. E. 12th Avenue) Mr. Moore stated that this Resolution has been adopted by Council, and this hearing is extended to the owner. No one appeared to show cause why the building should not be abated. LEGAL Ordinance No. 72-9 - Adjusting Cemetery Boundaries Mr. Moore read Ord. ~72-9. Mr. Arehie moved that Ord. on second and final reading, seconded by Mrs. Jackson. 5-0. ~72-9 be adopted Motion carried Ordinance No. 72-10 - Annexation, P~. Sam Tick Mr. Moore read Ord. ~72-10, Declaration of Intent. Mr. Roberts moved that Ord. ~72-10 be adopted on second and final reading~ seconded By Mrs. Jackson. Motion carried 5-0. Ordinance No. 72-11 - Annexation, Mr. Emil Chingos Fir. Moore read Ord. ~72-11, Declaration of Intent. Ord. ~72-tl ~e adopted on second and final reading, Roberts. Motion carried 5-0. Mr. Archie moved that seconded hyMr. Ordinance No. 72-12 - Annexation, St. Andrews Corporation Mr. Moore read Ord. ~72-12, Declaration of Intent. Mr. Blanehette moved that Ord. ~72-12 he adopted on second and final reading, seconded by Mr. Archie. Mrs. Jackson stated this property is zoned C-1. They have showed pic- ture of golf course and apartments, but this does not mean they have to do this. We have no site plan. The cost is not thoroughly under- stood, and it is not in writing. She feels it is ambiguous and premature. -3-- MINUTES REGULAR CITY COL~IL MEETING MAY 2~ 1972 Ordinance No. 72-12 -Annexation~ St, Andrews Co~po~ation, cont:d. Mrs. Jac~kson moved to table the item until Engineer's report~ indicatinq what would be best for the City. Mrs. Jackson's motion died for lack of a second~ Mayor Effron stated that when these developers came before Council, it was understood that the developems would pay all costs. Mr. Killgore stated that is correct as far as utilities are concerned, but the City is responsible for all other municipal services. Mayor E£fron stated that as far as this being in writing, Minutes are taken of all workshop: special aDx~ regular meetings, and a ~ecording is made so we do have it in writing that the developen3s will pay all costs. Motion carried 4-1. Mrs. Jackson vo~ed Rescinding Resolution No. 70-T - Refund.lng ANreenents (On the table) Mrs. Jackson moved that this be taken from the table, seconded by Arehie. Motion carried 5-0. Mr. }C%ttgore reported that the re~unding agreement does not serve a valid purpose in the best interest of the City. All projects that were started and agreed to must be honored. The only outstanding agreement is with Colonial Club. The best policy would be to require the developer to pay all costs to the point where he connects to the existing City system. A system of tap fees wilt be ~ecc~nended: which will insure funds for plant expansion and assist in paying the cost of l~.ft stations and force mains. Me recommends that Resolution 70-T, providing for refunding agreements, be rescinded immediately. Mrs. Jackson moved to accept the City Manager's recommendation, seconded by Mr. Roberts. Motion carried 5-0. Mr. Moore read Resolution No. 72-M rescinding Res. ~70-T. Mrs. JackSon moved to adopt ~es. ~72-M~ seconded by Mr. Archie. Motion carried 5-0. ~. Roberts asked Mr. Kil!gore to take steps to arrive at a new tap-in fee in keepingw~th today,s prices. Mr. Killgore stated he would work on it, and get it back to Council. Mayor Effren agreed with Mr. Roberts request: and further suggested that these funds be earmarked for renewal and replacement: end also expansion purposes. -4- MIN-dTES REGULAR CITY COUNCIL MEETING MAY 2, 1972 Resolution No. 72-L - $!~O00~000 Revenue Bonds Mr. Moore stated that Atlantic National Bank, West Palm Beach, has been selected as the Paying Agent. Mr. Moore read Res. ~72-L. Mm. Arehie moved that Res. ~72-L be adopted~ seconded by Mr. Btanehette. Motion carried 5-0. Report on Municipal Cour~ System by City Attorney Mr..Mgore reviewed the new !.a~. governingmzuuieipal court phase-outs~ es- pecla/~y any municipality whleh desires to abolish its eou~t prior to January t~ 1977, The first step is to reaffirm the decision to abolish court at the earliest possible date. Mr. Archie m~ved to reaffirm to the Chief Judge of the local Circuit Court our intention to abolish municipal court~ seconded by Mrs. Jackson. Motion carried 5-0. Other Mr. Moore reported that the City has been sued by an ind/vidual named Baker~ ela/ms he has been denied a trial by jury. There has never been any procedure /mplemented for a trial by jury in the City. He was ad- vised and given every opportunity to t-~ansfer to County Magistrate Court for a trial. Any rules of procedure set for jury system have to be approved by Chief Justice of the Supreme Court of Florida. Since Couneit has indicated a desire to abolish Municipal Court he sees no reason to keep this jury trial on the books. It is a waste of taxpayers money to defend the suit, but we have been sued and something has to be done. Mr. Moore read Ordinanee No. 72-13 repealing Ord. No. 71-19, and recom- mended it be adopted on an emergency basis, ¥~. Archie moved that Ord. No. 72-13 be adopted as an emergency ord/nance on first and Final reading, seconded by Mr. Blanchette. Motion carried Mr. Moore requested permission to present this matter to the Court to indicate Council's action. OLD BUSIneSS Report on Clean-Up in North Central Area of City by City Manager Mr. Kiligo~e reported that since the City Council has instructed this clean-up the Health Officer has been in this area working, and is being assisted by a member of the CountyHealth Department. On Wednesday~ May ~d~ the Public Works Department wi~ initiate an extension to the pro- ~£am on clean-up. T~ash will be picked up that is unidentifiable as to -5- M/~'UdTES REGULAR CITY COUNCIL MEETING MAY 2~ 1972 OLD BUSINESS~ cont~d. the responsibility of the owner. This will be done on Wednesday of each week. We would like to evaluate this, as we go along. If it works, there is a possib~3~ty of additional equipment and manpower being needed. As far as condemnation of houses, prior to being directed to do this job~ there is a list of 35 properties the Building Dept. is trying to get abated. This ~st be done while the place is vacant, because we must know where these people are going to live. M~. Killgore asked the citizens in the area at the time any o3 these places beec~e vacant to notify him. Mayor Effron asked the City Manager to look into the area west of town~ the old Demareo property. There is still piles of junk there. Rev. White, 206 N. E. 12th Avenue: asked whose responsibility it is to clean alleyways? There is a water meter that has been b~oken for sev- eral months. No one has been ~eading the wat~ meter. Vernon Thompson stated it could be 4 or 5 years before anything would be done if you wait until the condemned parcels are vacant. He eom- ~!ained about the construction of the houses being built on N. E. 6th Avenue~ stating they are impossible to last over 10 years. Mayor Effron stated that these houses have to be constructed to meet FHA regulations, and the local building code. Mr. Thompson asked what is being done toward a housing authority? Mayor Effron answered that he has directed Mr. Killgore to get all the available information from Jaeksonvi!le. Hopefully we witthave some- thing to report soon. Eddie Mitchell noted two structures on N. E. llth Ave. - one at Railroad Ave. Intersection and the other at 2nd - that are vacant to be looked into. He also asked about the plans for improvement to the Sara Simms Cemetery. Mr. Killgore answered that he has been interrupted and harassed so much that he can't get much done. He Stated that they did find the survey- ors stake~ and the City does want to do something as fast as possible, but we must kn~ what we are doing to do it right. Mr. Rudy Adams, 1~4 N. E. 10th Ave.~ made a request to have the regis- tration book open after hours. With regard to Sara Simms Memorial Gar- dens~ he suggested that the tombstones be located in a better area and that proper~y be used for better housing. He stated that Council is creating problems~ and he asked ~or action to be taken to eliminate problems in the ghetto. Mayor Effron stated we are doing everything we can. cism if it is constructive criticism. We welec~e criti- MINUTES RE~dLAR CItY CO~CIL MEETING FRY 2, 1972 OLD BUSINESS: eont~d. Report on Hiring Practices Mr. Killgo~e read his ~eport on the hiring p~actioes, and stated he found no violations to established rules during this review. He suggested a training p~ogz~m be instituted. The City Map~ger will meet with the Civil Service Board and the Persora%el Director to review and m~ke mendations to improve the complete personnel program. Eddie Mitchell stated that employment announcements a~e not posted at the Wilson Center. Either announcements are not being sent the~e or they are not being posted. It would be nice if these announcements would be posted at Wilson Recreation Center. Mr. John Stepher~ asked who the tests are designed for, would a person in their 50~s pass the test much easier than a young person. He would like to see one of the tests if it is possible. One of the young ladies who came in did not take the test because she was discouraged. He would still like some investigation made. Report on Of~-Site Drainag~ - N. W. 10th Ct. - By City Manager Kr, Xillgore reported that he and the City Engineem visited the site where the drainage problem exists in Leisu~eville, to determine if it would be practical to fill in the existinu sump. We want to be sure not to take action that might cause additionai flooding of the abutting p~ope~ties. There are many things involved~ and he will proceed in at- tempting to find a solution to the situation. Ward Stu~gis stated that the problem is that it is going to cost money and the other problem is that it is dividedrespo~sibility as to who is going to put up the money. He feels that it is the City's ~esponsibility to investigate the situation, and see that corrective measures are t~ken. Mayor Effron stated that Mr. Killgore and Mro Cla~k are investigating the matter~ and the report will be complete by the next Council meeting. RECESS NEW BUSINESS Police Traffic Control on Sundays at N. Seacrest and 1st Avenue - Request of George Kelley M~. Killgore stated that this letter was received from M~. Kelley and he requests an answer from Council. He would like a police officer posted at each church du~ing se=vice. Mr. Killgore has told Mr. Kelley that the City Council could not post a police office~ at each chureh With ?ur present foroe, hut could concentrate on the areas where the ~afflc is heaviest, if the officere were not engaged in other services or emergen- cies, -7- MINUTES REGULAR CITY COUNCIL MEETING MAY 2: 1972 NEW BUSI/~ESS, conrad. Mm. Kil!gore stated the City could assume the cost of supplying the school guards~ but does not recommend this be done unless all the churches can be supplied with a ~uard. Mayor Effron stated that this has been done by the guard. The school guards are available for employment. Mm. Arehie stated that the Church was paying these orossing guards, why did the Chumch stop this° ~r. ](/llgore stated that Mr. ]{elley feels that they are tax paying citizens and have a right to safety going to end from c/%urch. Council feels that the City cannot pay for guards at the 13 chumches, and cannot use taxpayers money to pay for church guards at this time~ so they should continue to go as they have been in the past. Mr. Archie moved that the letter be answered~ seconded by Mrs. Jaokson. Motion carried 5-0. Appoint Replacements to Chaz~cer Con,~ittee & Discuss name of Charter Committee Mrs. Jackson moved to accept the resignation of ~rank McCoy, and appoint Daniel Smithwick, seconded by Mr. Archie~ Motion carried 5-0. Mm. Archie moved t~..accept resignation of Mrs. Edythe Hood~ seconded by Mm. B!anehette. Motion carried 5-0° Mayor Effron and Mr. Archie have not decided on a name yet, but will by the next meeting. Mr. Btanchette asked why the fatality of resignations on this Board. Mayor Effron answered that the Board is meeting once a week, and it is becoming very cumbersome to attend each week. Mrs. Jackson stated that it is also a very cumbersome job. Mr. Roberts stated that one had to be dedicated to that job. Mrs. Jackson stated that she thought this was just to be a charter review board~ and not a charter revision board. She thought the Board was to go through and find what needs to be taken out or added to the Charter. Mr. Archie stated that possibly the Board has not been told of the in- tent of this Council. Council should once and for a~] give leadership to this Board. The Board is strictly to review and pull parts out that need revision: and not go line for line of the Charter; that would not be fair to the persons on the Board. -8- -REGULAR CITY COUNCIL MEETING I~Y 2, 1972 NEW BUSINESS~ cont~d. Mrs. Jackson moved that this be called the Charter Review Board, and the intention is to review and take out what is not necessary or any dis= crepancies~ seconded by Mr. A~chie. Motion ca~ied 5-0. Installation of a New Water Well in the 15th Avenue Well Field Mr. Killgore stated that this request for one well hast previously been budgeted, to be accomplished during this budget yea~. There is ~ for one well in the 15th Avenue Well Field. Me feels we should not delay the installation o9 this well, and recon~ends that Couneilauthorize to pro- ceed with the required action. Mr. Archie moved that the request be granted, seconded by Mrs. Jackson. Motion carried 5-0. Reconsider the Proposal submitted by Russell & Axon for Engineering Services to the Water Works Expansion Mr. Killgore reported that this was taken under advisement by Council. He has further reviewed the schedu!e~ and has no additional information as it is very conclusive. He recommends that the Consulting Engineers proceed according to the proposal submitted and that funds ~equired for this p~oject be allocated from the Special Pro~ects Acct. No. 6800-540. Mr~ Archie moved to accept the recommendation of the City Manager~ sec- onded hyMrs. Jackson. Mayor Effron asked Mr. Russell if, under the new Water Management Act~ do we have to go through them for this study. Also, in regard to the new water well on tSth Avenue Well Field, we~llhave to get a permit for this~ and a registered driller. Mr. Killgore stated he had not read the Act himself~ ~ut that was the indication of what he learned that this would have to happen. Mr. Russell stated they have not received approved copies of this Act, which they have ~equested, but will ~ollow whatever the requirements are. He noted to add 50 days to the schedule because of the 50 day delay. Motion carried 5-0. Appointing Robert R. Largent, City Planner~ as A!te~nate to the Technical Cooz~kinating Committee Mr. Killgore asked that Mr. Largent be appointed as an Altemate to sit in for Mr. C!ark~ he does have the necessary qualifications. ¥~s. Jackson moved that the request be 9~anted, seconded by Mr. Roberts. Motion ca~ied 5-0. -9- MINUTES REGULAR CITy CO~NCILMEETING MAy 2: 1972 NEW BUSINESS~ cont'd. Transfer of Funds £orPu~chase of Water Meters Mr. Kitlgore ~eported that due to the increase in water service, the Water Dept. has used all the funds that were budgeted for water meters and meter boxes, in the current budget. $i~e a portion of this money is reimbursed as the meters a~e installed, this ~1I require approximately $7~000'fo~ the balance of this fisc~yea~. He ~ecommends that these funds be t~ans- ferred f~om Aceount~800'540 to~6150_58'1. M~. Archie moved that t~he request he g~anted, seconded by Mr. Blanchette. Motion carried 5-0. .A..~ounce Resignation of BuildingOTficfml Mr. Killgore announced that Stu Fuller, Chief Building Official~ submitted his resignation. His association with Mr. Fuller has been very pleasant~ he is sorry to see him go hut wishes him well ~n his endeavors. Mr. Archie moved to accept the resignation with ~eg~et~ and thanks for his service, seconded by M~. Blanchette. Motion carried 5~0. ~pprovat o~ Bills 1. Crabt~ee Construction Co. $ 10~ 760.85 Mr. Ki!!gore reeo~nended payment of this bill. M~. Archie moved that the bill of Crabtree Construction be paid, seconded by Mr. Blanohette. Mrs. Jackson asked Mr. Clark if he found the work satisfactory? Mr. Clark stated that there is some p~ohlem, and the letter from Russell Axon states this will be t~ken care of under the terms of the contract. Mr. Russell stated that Crabtree is liable in the terms of the contract for one yea~. Final inspection was made of this installation~ and was operative~ and no problems, so it was turned over to the City. As indi- cated in the contract any daraage will be repaired. Mr. Arehie withdrew his motion because he cannot vote on it. Mrs. Jackson moved that the bill be paid~ seconded by Mr. Blan~hette. Motion carried 4-0. Mr. Archie abstained. -10- MINUTES REGULAR CITY COUNCIL MEETING MAY 2: 1972 Approval of Bills, cont'do ~ Keatts Trucking Service Mrs. Jackson asked what this was for. pile supply. $ 1,368.75 M~. Hopkins stated it was stock MrS. Jackson moved that~the bill be paid~ seconded by Mr. Arahie. Motion carried 5-0. 3. Candeub, Fl~g & Associates $ 9~900.00 Mr. ArchielmOVed that the hill be paid~ seconded by Mrs. Jackson. Motion carried 5-0~ Mayor Effron ~equested that a meeting be set up with the Planning & Zoning Board with regard to the proposed zoning map and ordinance. Council agreed on May 9~ at 8 p. M., after ~he meeting with the Charter Review Board. Meeting adjourned at 9~0 P. M. CITY O~ BOYNTON BEACH, FLORIDA Attest: -tl-