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Minutes 04-04-72MINttTES OF REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYTgTON BEACH, FLORIDA, T~ESDAY, APRIL 4, 197~ AT 7:50 P.ML PRESENT Roher~ B. Effz~n, Mayor Mrs, Emily Jackson~ Vice Mayo~ John L~ Archie, Councilman Harold Blanchette, Councilman David Roberts, Councilman Travis E.K~llgore, City Manager Mrs. Tereesa Padgett, City Clerk Gene Moo~e~ City Attorney Mayor Effron called the meeting to order at 7:35 P.M. The Invocation was given by Monroe Gaultney, Ministerial Student, Palm Beach At/antic 'College, followed by the Plag Salute led by Bill Sullivan, Personnel Officer° ANNOUNCEMENTS Mayor EffrOn reminded Council and Department Heads that the stu- dents will be here at 10:00 A.M. tomorrow and to be prepared to conduct them as done in the past. There is a speeialmeeting of the City Council Thursday~ April 6: at 2:00 P.M. with ~ega~d to bids on sewer bonds and a workshop meeting of Council and Planning and Zon~Boardwith Planning Consultant on April 13, at 2:00 P.M. to discuss housing authority and central business districts. Mrs. Jackson introduced her family from Grandhaven, Mi~gan~ her g~andch~_ldren, Glenn~ Pamey and B~ucey Mailanik. Mayo~ Effron introduced his nephew~ Ralph Paladino from Chesterson, Ohio. PRESENTATION OF TROPHY M~. Frederick, on behalf of the Recreation Department, presented a trophy to Chief Huddleston for the 1st Place Polce Department Basketball Team. YOUTH IN GOVERNMENT Mayo~ Effron introduced Renice Lansing, Principal of Boynton Beach Jr. High School. Mr. Lansing stated that this is the 9th year for Youth in Government Day under the leadership of Mrs. Edith Estes. She has gone all out and had this organized in getting the students to wo~k with the City. We are happy that we have this opportunity to do this again. Hope you find these students just as good om betl~e~,~hen some we have had in the past. Mayor Effronintroduced each student individ~ly and the g~oup w~ swo~n in by Mrs. Padgett. MINUTES REGULAR CITY COUNCIL MEETING APRIL 4, 1972 Mrs. Edith Estes was recognized. Mayor Effron asked his student mayor, Paul Vassalotti, to come up and sit under fire. Mrs. Jackson /ntroduced her co-chairman for R/d L/tte~ Day~ Susan Spender. Rid Litter Day is from 9:00 A.M. to Noon, April 15th. Mrs. Jackson urged everyone to participate and help Susan. PROCLAMATION Student Mayor Vassalotti read the first portion of the Procla- mation, Mayor Effron read the following portion. Proetaming April-9, 1972 as a day of commemoration to show respect for the hymn ~America??, and call upon ali citizens to be mindful of the inspirational words and sentiments. M~. Archie moved that Mayor Effron be authorized to sign the proclamation~ seconded by Mrs. Jackson. Motion eaz~ied 5-0. MINUTES Regular Meeting - March 217 1972. Mrs. Jackson moved that the minutes of March 2tst be accepted as written, seconded by Mr. Archie. Motion carried 5-0. Special Meeting - MarCh 31~ 1972. Mrs. Jackson moved that the minutes of March 31st be tabled, seconded by Mr. ArChie. Motion oa~ied 5-0. FdBLIC A~DIENCE ~z ~Robert Beyrer, rep~esenting.~nited Boynton Civic League issued an invitat=Qn to the governing body of the City to a debate on Friday evening supported bp-the league on the new proposed County Charter and officially /nv/ted all residents, of Boynton Beach to attend this debate. Rev. John White~ 206 N. E. 12th Avenue stated that he is concerned about the az~cicle in the morninq's paper stating the~e is apathy in the black eon~uniCyo We are willing at any time to work for the betterment of the black community. He further stated that he has approached this Council about the housing authority. The Mayo~ has stated that he is fo~ it but to wait until the June deadline for the planning consultants to finish their report. The Black Conmnun~ty is willing to meet with you any time to work toward the betterment of the Black Community~ A~b~t Web,ell stated that the County Cc~mission has agreed to relinquish all rights to Boynton Beach in connection with water and sewer service in the West e×pansion area. This resolution was based on Council's resolution to the effect that Council ~s ~]t~ng and able to sez~iee this area. We have been verbably MINUTES REGULAR CITY COUNCIL MEETING APRIL 4: 1972 assu~ed that any expansion of fac/l/ties will not cause any in- emease in sewer and watem charges to the residents of the pmesent Boynton Beae/~ a~ea .now om in the futume. He does not believe this statement is womth anything, tt is his opin/on that the population increase will b~ing us up to the p~esent capae/ty of our sewem plant without pmov/d/ng any se~vfce to the westward area. We %~ill then have t.o again expand the sew possibly a s/zable eXDan ~n~ ~_ . L _ em plant and very at least D o~ 4 ~-~i '=surT ~ ~=_ warem p±ant~ which would mun · .=~u~ copiers. The mevenues will not be sufficient to pa7 off the bond iSSues. The only altemnative would be to incmease the service chamges. He also stated that this pz~gram has quite obviously bee~ I~/shed befome the eomin~ e!eetion with little info~mation to the pub//c. The Amea Plann/ng Board is having a meeting, on ApmlI 19th at which time the area extend. lng to the tumnpike will be discussed and very 1/kely will be settled. He th/n~.s we amc going too fast. Vemnon Thompson stated .that he also was contemned about the a~ticte in the paper and was concerned about why the Mayo~ made the Statement that he did. Rev. White pmetty well covemed what he was going to say. The Community Relations Committee has me- quested that Council di-seuss a housing authomity~ there has been no answeP and it has not been p/aced on the agenda~ he wanted to know why? Mayom Eff~on stated that as you know the Council is meeting regularly with the plann/ng consultant, s and all th/s is being bmought to our attention. The next race-ding is Apmil !~th~ we will hear additional mepol~cs f~om the planning consultants and wilt make every e~ffort to meet the J%hne deadl/ne. The ~eason it is not on the agenda is because the plann/ng consultants a~e not done w/th the p~esentation to Council. Aftem the p~esen- thetati°ngrantwe weWillmeceived.h°ld publ'le hea~ings which is a requirement of Eddie Mitchell ~efem~ed to the newspapem ar~icle~ some of the things that pemhaps some people sa/d just seem to be ~idiculous. The a~tiele states ~P~opez~cy maintenance is generally good in white nei~hbomhoods and it is often poom in b/ack nelghbomhoods where buiidings and housing codes are not as stmtetly enfor~ed~,. He asked Council why it is not enfomeed. M~. A~ch/e stated that repomtems SOme t/mos manage to put ,womds into the mouths of Council that amc not always t-~ue at all. In fact heme he is not quoting anyone at all. Theme is no such thing /n the Oode as to p~ope~.ty maintenance. Mm. M/tchell then stated not only does it seem we have two codes fora housing and building, it seems we have this as fern as enforce- ment of the law. Just as the laws are enforced in Leisureville or Sterling Vi3~lage, we would 1/kc to see the laws enforced in the Black Commun/ty. We wOuld like one /aw that applies to all MINUTES REGULAR CITY COUNCIL MEETING APRIL 4~ 1972 citizens. We a~e concerned about the housing authority. We have held conferences with the former City Manager and there is not one degree of apathy 'on the part of the black citizens. Mayor Effz~ku asked what paper this article appeared in? M~. Mitchell stated the nPalm Beach Post~ Tuesday April 4th~. Wil]*am Miller directed his question to Mayor Eff~on with regard to who gives him the authority to say the black ~people can only pay $25.00 a month for rant as this a~ticle reads. The Mayor stated he did not make this statement. Then Mr. Miller asked about getting sidewalks on 10th Avenue. The Mayor explained that right-of-way has to be pu~hased. This means that some homes will have to come down and people will have to be relocated, tf we get the right-of-way the County will wide~ it as it is a County road. Nox~r~n H~lnds stated about the Building Code you just have to look at the apartments the City allowed to be built in Cherry Hills. Also about the yards and maintenance~ he is quite sure that the City can do something. There is a health officer. You donft care because it is black .~eople. Mr. Arehie moved that the health officer be instructed to visit the black cc~mrmuzity~ starting tomorrow, for as long as it takes hime to investigate each and evel~y piece of property of the black community in Boynton Beach and-that he be instructed to bring it back to City ~anager and clean up every iota in the black community in Boynton Beach. Seconded by M_rs, Jackson. Mrs. JackSon would like for the people that spoke on this~ to try and get some g~oups organized in that area for Rid Litter Day and keep a list of names so that they can get certificates. Motion carried 5-0. Prank Muro requested Council to act on voting to vacate N. E. 2nd Street from N. E. 2nd Avenue: 270~ South to N. E. 1st Avenue. It is an unimproved street, with no water~ sewer, electrical lines etc. Mr. Archie moved that this be taken under advis~aent and asked the City Manager to research it and bring it back to next Council Meeting with a reocmmnendatlon. Ssoonded By M3O. Blanchette. ~otfon oaxuoied 5-0. BIDS AWARDING: CIVIC CENTER ADDITION - 4- MINUTES RE~dLAR CITY COUNCIL MEETING APRIL 4, 1972 BIDS, Cont'd. Mr. Sullivan reported that 2 bids were received. B~oderiek and Rappa. The hid was $14~900. with 90 days. M. J. Hemminger bid was $19,000. at 50 days. The hid tabulating committee recommends Broderickand Rappa. Mrs. Jackson moved that the bid from Broderick and Rappa in the amount o£ $14,900. be accepted. Seconded by Mr. Blanohette. Motion carried 4-0. Mr. At, hie abstained. CONSTRUCTION OP S.E. 2ND AVE. BETk~EN. 5RD AND 4TH STREETS. Mm. Sullivan repo~ted that only one bid was received and that was from Hardrives in the amount of $7,475. at 90 days. Mr. A~chie moved'.~hat the bid be awarded to Hard,yes in the amount of $7,475. Seconded by Mr. Blanchette. Motion carried 5-0. SALE OF USED EQUIPMENT. Mr. Sdllivan reported that there were two bids for the garbage packer. Refuse R~moval System, ~5,155.00 and Wi]~ams Sanita- tion Re,vice $5~500. One bid was received from the Pete Trevino for the 1965 GMC ~T. Truck for $100.00. Mr. Sullivan requested permission to rebid on the rest of the items. ~. Archie moved that the garbage packer be awarded to Williams Sanitation and the ~ Ton Tz~ok be awarded to Pete Trevino and PL~. Sullivan be authorized to go out for rebid on the other items, seconded by Mr. Blanchette. Motion carried 5-0. LEGAL ORDINANCE NO. 72-7 AMENDI~ SEC. 9-17(h) OF THE CODE ~-~D READING · Mr. Moore read Ordinance No. 72-7. Mrs. Jackson moved that Ordinance No. 72-7 be adopted on second reading. Seconded by Mr. Archie. Motion ear,led 5-0. OLD BUSINESS REFUND/~NG AGREEMENTS (on the table) Mr. ]Cillgore state~ that this is under study. He would like to present Council with a complete study and it wil!take more time to do it properly. MI~dTES REGULAR CItY COIiNCIL F~ETING APRIL ~, 1972. OLD BUS~YESS (cont'd) RECOMmeNDATION OF RUSSELL & AXON LN REGARD TO EXPAMSION OF WATEP~ FACILITIES (on the table) Mr. Ki!lgore ~eported that Mr. Sander of Russell & Axon had planned to attend the meeting but he had to go to -the hospital and it was too late to get someone else. They should have a chance to ~z~present themselves. REQHEST FOR CHANGE IN CLASSIFICATION (on the tab/e) Mr. Killgore recommended that since this was presented prior to his arrival~ he would have no objection if Council wants to change the classification. Me sees no reason to single out this one classifioation. He requests that the item be disposed of until fu~Wcher study. Mrs. Jackson moved that this item be disposed of until further recommendations fx~xa Mr. Kiltgore. Seconded by Mr. Dtrehie. Motion carried 5-0. REQUEST OF SAM TICK FOR ANNEXATION. Mr. Kiltgore repo~ted that Fn~. Tick:s letter of November 2:1971 requested annexation. Considerable discussion was ensued since then. He would still like for the letter to be honored and be p~ovided with services. Mr. Roberts stated we shOuld find out what we are annexing, ~ .plans should be submitted befO~e we go ahead with annexation. }ir. Kiltqore stated M~. Tick underst~_nds he must conform to City regu/ations. Mrs. Jackson moved that this item be tabled until the next meeting and plans be submitted for review. Seconded by M~. Blanchette. MOtion carmied 5,0. PLAQUE FOR LAW ENFORCEMENT CO~IPLEX It has been decided previously that it would be dedicated to Dr. weems, Theme are some prices being obtained on the plaque. AuthorizatiOn is needed to purchase the plaque as it would be an extra. There is an estimated price of a~ound $400.00. Council agreed it would he handled administ~ative!y since it is under $1, 000, Mr. Killgore raised the question as to whose names would go on the plaque. It could be either the Council in office during the MIh~TES REGULAR CITY COUNCIL MEETING APRIL 4~ 1972 PLAQUE FOR LAW E ~NF~ORCEMENT COMPLEX (cont'd) 9~ound b~eaking or the Council at the time of dedication. Also normally the names of the a~ehiteet and builder. Mr. A~c'~hie moved that the present Council members names be put on the plaque with the name Of former Mayor PozTest Wallace and the ea~rieda~Chiteet5_0.and the builder. Seconded by Fn2. Blanchette. Motion NEW BUSIneSS REQUEST FOR CERTIFICATE OF ~-~v---~-JA~ ~T ,~ ..... ZONING - Beer and W/ne Package Sale venue. This is zoned C-1 according to the Building Depaz%~nent. Mm.Arch~e' moved that the request be g~anted. Seconded by Jackson. Motion earmied 5-0. T ~R~FPIC STUDy -_CONGRESS AVE. PROM BOYNTON WEST ROAD TO L-26 CANAL Mr. Kiltgore mepo~ted that an evaluation has been made by the County Traffic Depax~ment on Congress Avenue from Boynton West Road to L-26 Canal to detemmine if a no passing zone and a duction in the speed limit is warmanted. They recommended a speed limit of 55 mph and a no passing Zone. They would like a letter of concurrence fz~m the Council. I'f~. Amchie disaQTeed with this recommendation of reducing the speed from 55 m~h. The t~affic needs to move on this road ~d theme is no property being built on at the west side of Congress. Me would like a little more study on this for Thursday's meeting. Mayor Effron Stated that he understood there was a request a traffic light at S. W. 25rd Avenue~ he would like this checked out to see ~ it is a reasonable request. REQUEST OF ATTORNEY EP~NEST ~~. SL~O~T - RE LOTs 50 THRU Ernest Simon represented Harvey Yarmous and Hubert Aiken with regard to Lots 50 and 55 located on northwest COrner of S. E. 4th Street and S~ E. !2th Avenue. This was PUrchased by Yarmous e~.d Aiken in Feb~uazs; of this year. At the time of Purchase it was zoned C-1. Plans for eonstl~/etion in compliance with C-1 ZOne ~vas Submitted. The Site Beautification Committee approved the plans. The Planning and Zoning Board denied app~Oval of the Site plan. He bmought this before Council so that they can De- view the denial. - 7- MINUTES REGULAR CITY COUNCIL MEETING APRIL 4~ 1972. MEW BUSINESS (cont'd) REQUEST OF ATTORNEY SIMON (eont'd) Mm. Simon gave a brief background of the situation. He stated that it appears that the Board's mind was already set because the owner prior to his client's pul~!hase asked for a change zoning for 2 of the 4 lots. That request was g~anted by the Planning and Zoning Board. In the O~dinance there is no strictions whatsoever imposed on the then owner. His Clients then p~chased the land taking for g~anted they could build in accordance with C-1 zoning. He further stated that zoning is zoning, it is not conditional. The Planning and Zoning Board sought to review the site plan based on some deal by the Board and the former owner. P~esent owners should not be penalized by some deal that was made with the Planning and Zoning Board and the prior owner. The only other reason for denial was the heighth of the ~oposed st~ucture~ which is four stories, allowable under C-1 zone. They objected because the~e are no other foum sto~y buildings in the neighbor/ hood. The owners propose a 4 story condominium of 31 units~ ~ith more than enough ample pamking spaces. The property is located on a co~ner. Across the street to the south is a ~e~y store, laundry~ a Dunkin Donut. Across the street is a gas station. Beyond the gas station is a 2 sto~y Woman~s Club, a dentist office~c. Just to the north is Lucille and 0tley's, and 1% blocks to the west is a two story apaz~ment. About 2~ blocks is the F. E. C Ra/!road Tracks. This property is between the Federal Highway and the F.E.C. Rai~oad tracks. To suggest that this_4 story should not be built is tO suggest that the zoning is w~ong. Paragraph E and H of the o~dinance was re~erred to by the Planning and Zoning Board. b~. Simon stated that E has no relationship to the decision because it refers to screening and buffering for compatibility and harmony for ~speeial exceptions'~. We are not asking for a ~special exception'~. Paragraph H has to do with heighth of structure. M~. Simon want into fumther explanation of the ordinance. Is the present owner to be denied their right for something that took place between the Planning and Zoning Board and some previous owner? Mayor Effron stated that M~. Simon has ~eferTed to ~'deals~. The Planning ~ Zoning Boamd did not have the final say~ the City Council did, and i~ you will go back on the minutes you will see that M~. Kost had beautiful plans and showed them to the neighbors. There was no objections on these plans. The Planning and Zoning Board g~anted these plans and it came before Council and the~e were no objections that Council had because it was a t~vo story professional office building. - 8- MINUTES REGULAR CITY COUNCIL MEETING APRIL 4~ 1972 REQUEST OF ATTY. SIMON (eont'd) F~yor Effron stated that he is definitely going to request that there be ~teethw put in Zoning Ordinance so that something 1/kc this does not happen again. They are creating traffic problems in addition to the traffic problem that almeady exists at Lucille and Otiey~s. We have a density problem and a traffic problem. Mrs. Jackson brought up the item that was to come up later on the agenda with regard to the Site Plan Review Board. She agrees that the ordinance does not hs~,e the ~teethw that it should. ~. Archie stated that Ray MarcinkosP~i has had plans in since November and has not yet received a permit in these four months. Mm. Archie feels that the. Site ~Plan Committee and the Beautifi- cation Committee should be abet/shed until the City Attorney can draw up a correct site plan with the correct ~teeth~ in it. Mr. Archie moved that to abolish Site P/an and Beautification Committee until the City Attorney can ~ith all haste~ to bring a correct ordinance to accomplish what we are after. Seconded by Mr. Blanehette. Discussion: Mr. Olds, Chairman of Planning and Zoning Board stated that he considers himself an honest man and has an honest Board. There has never been any ~deals~ made and he resents that being sa/d. The Ordinance can be worked on~ it does need teeth~ A petition was ~eceived with some 30 signatures of residents in this neigh~~ borhood that objects to the height of the building. The Board acted honestly and resents the ec~mment that ~dea!s~ were m~de. Mr. Largent stated that this building in no way reflects the character of the area. There is nothing that is ever two sto~y. The character of this area is about 95% single story. The City is mostly a one story city and 'this is the way the Site Plan Review-Board is trying to keep the City. He also stated that the Community Appearance Board has beenworkinq very herd for the past 6 weeks trying to get an ordinance. They do not intend to put an ordinance through that is inadequate. Mro Largent would like for the motion to exclude the or~/nanee of the Community Appearance Committee. We would not like to abolish the work that they have been asked to do and are doing. Albert Wehrelt~ Con%munity Appearance Board~ stated that they have looked over a few plans. The ordinance is be_ing prepared, we have been d~a~ to Boca to see how their Board operates. We know they are only ~eeommendations so there is no fo~ee, but %~ith the o~dinance we will have something to go on. MINUTES REGULAR CITY COUNCIL MEETING APRIL 4~ 1972 REQUEST OF ATTY SIMON~ (Cont'_d) Fn~. Archie stated that the Ccem~unity Appearance Board should have been devoting full time to preparation of the ordinance. Mr. Archieissued. reconmmended that any' permits that have been held up be Motion camried 5-0. Mr. Amebic moved that the Building Depaz~rmant be o~dered to issue the permit £o~ the ~iken mequest a~d Mm. Ball on N. E. 22nd Avenue and any others held up fo~ Site plan approval o~ co~nunity appearance approval. Seconded by Mm, Blanchette. Mm. Fuller stated that would consist of ~bout 5 om S plans. Motion carried 4-1. Mayom Effmon Voted ~no~. Roll call vote: Mr. Archie ~yes~ M~s. Jackson ~yes~ Mm. Blanchette ~yes~ Fi~. Roberts Mayo~ .Eff~on Wno~ Wyes~, Mayor Effmon Stated that he hopes that we get off the ground and do something~ this just keeps gOing on and on ~ud he does not like it. We need to set up a meeting for the adoption of the masre~ plan and zoning o~dinance. We have got to get togethem and decide which way we adc going to go. ADi~ilNISTRATIVE RECOMM~.NDA_TIONS OF CITY MANAGER t. County Libma~y_ Mr. ]Cillgore mequested authorization to sign the Libmary Agreement with the County for next year. This is the same agreement that is being Used this year. Pi~. Arehie moved that the request be g~anted Seconded by MD. Blanehette. Motion earmied 5-0. ' 2. Extension of Em_plo.yment _ John Schneidem. Mr. Kitlgome Stated that M~. Schneider requests his service be extended fop 1 year. Chief of Police recommends it and so does Mr. Ki!igome. Mr. Arehie moved that the request be g~anted. Seconded by Mrs. Jackson. Motion cazTied 5-0. 10 - MINUTES REGULAR CITY COUNCIL MEETING APRIL 4~ 1972 RECO}~Ek~ATIONS OF CITY MANAGER (cont'd) 3. ~Clerk-D±spatoher for Fire Department, Mr. K/llgore recon~ends that a clerk-dispatcher be placed /n the Fire Department, as requested by Chief W~ight. He has made a review and f~nds that with a clerk-dispatcher we could have much better utilization of firemen during emergencies. Funds are available within the Budget to hire this person for the ~est of the year. Mm. Blanchette moved to accept the City Managers recommendation. Seconded by Mms. Jackson. Motion carried 5-0. 4. Establish New Position in Buil ~ding Department. Mr. Kiligore stated' that a review of the Building Department has been made and there is a need for up-dar/rig. At this time we have a vacancy for a Building Inspector. He recommends that this position be filled with a qualified plumbing inspector and would also request an additional .position for a qualified electrical inspector. We should require master license on both of these positions. Salary to be a two range increase over p~esent specters. Mr. Archie moved that the request be granted, and fund be trans- ferred~ from unappropriated surplus for the balance of the fiscal year. Seconded by M~s. Jackson~ Motion caz~ied 5-0. 5. Clerk Position for City Clerk's Office. Mr. Killgore recommends that the position of Clerk II be added to the City Clerk's office for taking minutes and also that a Secretary I be added to the City Manager's office. This would not require additional funds in the City Manager's office but would in the City Clerk's. Mr. Archie moved that the request be granted. Seconded by Mr. Blanchette. Motion carried 5-0. REQUEST PeR EVENING HOURS FOR REGISTRATION. Mrs. Padgett stated that there has bean a request by the COBY Organization and the Women's League of VOters to have eve~n/ng hours for reg~istration. She suqgested the date of April 20th, if it meets with Council approval. Mr. Archie moved that the request be gmanted. Seconded by Fn~. Blanehette. Motion carried 5-0. - I1 - M/NU~ES REGULAR CITY CO~CIL MEETING APRIL ¢~ 1972. M~. Arkie ~v~ that the C~ation Ce~ifi~tes ~om se M~att~earried 5-0.B~ be meeeived. Seeond~ by Mrs. Jac~on. Motion B~o~ Met~ ~duets _ $1, 000.55. ~. A~ehie m~ed that the bill f~ B~ooks Mete~ Pr~ucts in the ~o~t of $1~000.55 be paid. Seconded by ~s. Jackson. M~ion carried 5-0. OT~R ~. arkie ~quested that the meeting of Thumsday be held at 2:50 p.m. rathem than 2:00 P.M. Othem ~ems a~e~ on 2:50 P.M. M~. ~llgo~e stated the~e is ~ outSr~ding ~quest fo~ ~nexation fn~ Ellis C~ngos. ~s. Jackson ~ved that it be b~ght up at T~msday~s S~onded by Mm. A~ie. Moti~ ea~ied ' 5-0. Meeting ad3~rned at 10:05