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Minutes 05-04-71MINUTES OF REGULAR CITY COUNCIL P~ETING HELD AT CITY HALL: BOYNTON BEACH: FLORIDA: TUESDAY~ ~'~Y 4~ 197t PRESENT: Forrest L. Wallace, Mayor Robert Eff~on, Vice ~yor Mrs. Emily Jaekson~ Councilwoman John A~chie, Councilman Harold Blanchette~ Councilman C. Q. Jones, Jr., City Manager Gene Moore, City Attorney Mrs. Tereesa Padgett, City Clerk C Mayor Wallace called the meeting to order at 7:30 P. M. The Invocation was given by Rev. Douglas Smith: followed by the Flaq Salute led by Vice Mayor Ef£ron. Introduction of Guests Floyd Van Deusen, Senior Citizens Robert Beyrer: Sterling Village Sr. Citizens & United Boynton Civic League Homes Y~neari, Vice President: Leisurevil!e Community Association Anthony Newbold~ Ridge~,~od Homeowners Association Jim O~Mea~a~ Chamber of Commerce Donald Winsberg~ Guidance Counseltor~ Poinciana School Millard Holley~Bethesda Hospital Cook Presentation of Scroll - ~Earth Day~ Woodrow Pugh~ President and Lisa Dieckman~ Vice President~ Student Couneil~ Poinciana School~ presented Council with the Scroll. Lisa read the letter and the Mayor accepted it. MINUTES Special Meeting - April t6~ 1971 Mr. Archie moved that the minutes of April 16th be accepted as written, seconded by Mrs. Jackson. Motion carried 5-0. Regular Meeting - April 20, 1971 ~.~. Amchie moved that the minutes of April 20th be accepted as written, seconded by Mm. Effron. Motion carried 5-0. PUBLIC AUDIENCE Thomas Canavan: Sterling Village: brought up the subject of making Sterling Village a Voting Precinct. Bill Elam asked to speak on the Village Royale item. Homer Knearl~ Vice-Pres.: Leisureville Community Assoc., asked to speak on Bus Service and turned in 120 bus service surveys to the City Manage~. MINUTES REGULAR CITY COUNCIL ~?~ETING I~Y 4, 1971 .P. UBLIC AUDIENCE ~ cont'd · John Stevens asked to speak on Rev. A. C. Evans request for change in zoning. Mr. Van Deusen stated that it is a disgrace in the N. E. section, with garbage cans along the road. Something should be done about it. Mr. Jones stated that he had a note from Mr. Sarno, and if he comes in might %~nt to speak on Leisurevilte and Village Royale. Mr. Jones requested that two items be placed on the Agenda - new recre- ation direetor and the water shortage. It was the desire of Council to place these tu~o items under Oi~HER. PUBLIC HEARING 7:45 P. M. Proposed improvement - Res 1. That portion of S. E. tst Ave. lying between U. S. ~:1 and S. E. 4th Street 2. That portion of N, W. 9th Ave. lying between N. W. 5th St. and southerly extension of east line of Lot 155, Cherry Hills No objections, approve adminis~uatively, and proceed with bid. Consider requests for change in zoning Parcel Q1 - Lots 19 thru 49, Cherry Hills Request: R-lA to R-2 Address: 501-561 N. W. 8th Ave. Applicant: Rev. A. C. Evans Use - Single Family Homes Rev. R. M. Lee, in favor of the request: asked what the footage require- ment~ was in order ~o be notified, if letters were sent to people affected by ~ne zoning, and within what area or how far can you object? Mr. Moore stated that it is required to notify people within 300 feet of said property, but any oitizen, taxpayer or property owner in the City of Boynton Beach can state their opinions for or against. It is up to Council to decide what bearing it will have on the ease. Millard Ho!ley - Cook for Bethesda Hospital, in favor of the request. Many employees in the iow income bracket. It is good that somebody is trying to provide homes for these people. If you have any concern for the under-privileged give them a little encouragement. -2- REGIiLAR CITY COUNCIL 1971 P~B_L%_C HEARING~ Parcel {~, cont'd. Woodrow Hayes, 427 N. W. 5th Avenue - Against the request. In favor of low inCOme houses~ but wm have homes on 75 foot lots. Are very proud of our Community and take pride in it. If Rev. Evans would comply with existing zoning we would go along with it. Putting 5 or 4 bedrooms on a 50 foot lot is going to be very congested. Anthony Newbold: 50~ N. W. 3rd St. - Against the request. We asked that Rev. Evans conside~ subdividing this pmopertyand he said he had dravm his plan, and had no intentions o~ doing otherwise. Low income houses are needed. P~ looked at these houses that were built in Riviera and we were very displeased. Mrs. Part-ridge~ 535 N. W. 5th St. - Against the request. We had a house built in Riviera on a 50 foot lot. There was hardly room to turn around. I simply sold it back to him. We don't want the area turned into a slum: ovem-crowded and noisy. Ask that you do not allow this to go through. ~ir. A~chie stated that the Council ia not here to condemn or condone the buildir~ tactics of the Reverend~ but to consider whether om not the zoning is p~oper. Art Mathew~ 411 N. W. 3rd Ave. - There were no derogatory statements made about the opposition. Would be the last to condemn or show that we do not care about people.' We are asking that decent houses be created not so close together. John Stevens, 715 N. W. 4th St. - ~ne houses should be built on 60 foot lots or greater. Should have some place where anyone could have a nice home. Joe Facon, 419 N. W. 5th Ave. - Not against someone building for people. But should build to compare with the area. It is a nice area~ would like to keep it that way. Herman Fo~bas~ 425 N. W. 4th Ave. - Also %,~nt to Rivieza to see the houses there~ no earpo~t~ driveway and a very little utility ~oom. Wish Council would see it favorable to reject Rev. Evans zoning request. C. J. Armst~ong~ 818 N. W. 4th St. - A new res ident~ expec~ to become a citizen shortly. Reques~ that Council not change the zoning. Mr. Archie moved that the request of Rev. Evans be denied and the parcel remain zoned R-1A~ seconded by Mrs. Jackson. Motion carried 5-0. lzm. Wallace stated he visited the area in question. ~r. Effron Stated every one of the Councilman are aware of the need for houses. Upon going to Atlanra shortly on other issues will also check in~o Federal funds fo~ ~rban Renewal and get something started on this matter. MIlk,riTES REGULAR CITY COUNCIL M£ETING i~AY 4 ~ 197! LEGAL ~ cont~d. Ordinance - 1st Reading Ord. ~=71-12 - Approving all Subdivision Flats of record l~. Moore read Ord. ~71-12. ~. Archie moved that Ord. ~:71-12 be adopted on first reading~ seconded by Mr. Effron. Pip. Moore stated ~nat it is a ~catch-all~ for anything that might not have been approved be- fore. Motion eamried 5-0~ Resolutions Resolution i~71-R - Amending Civil Service Rules & Regulations (On the table) Mr. Arehie moved that Res. ~71-R be taken off ~he table~ seconded by Mrs. Jackson. Motion carried 5-0. Mr. Jones stated that there has not been a Resolution prepared on this yet, but if approved~ one wou_e be prepared and presented to Council. Mr. Archie moved that formal Resolution be drawn up~ seconded by Jackson. Motion carried 5-0. Mr. Jones expressed thanks on behalf of the employees. Oth~ Review status of all lawsuits - Mr. Moore Cleanup o£ 4 acmes, S. E. 6th St. & Ocean Ave.~ has been successfully settled~ and the property owner has agreed to pay the City a sum of $5~500 for the clearing and partial ~i!!ing of the property. Have been ordered to issue bummomng permit to Squire Hill. At present are preparing a petition for a rehearing° Gul~ Stream Marina - The matter is being considered by the Court £or the City. Proposed mutual aid ~greemen~ suggested by Palm Beach County Fire Chief's Association Mr. Archie moved to accept the agreemen~ seconded by Mrs. Jackson. Motion camried 5-0. Right of Way - extending from Seacrest to Congress on SW 15th Avenue Mrs, Jac~on moved to have the document signed~ Motion carried 5-0. --5-- seconded by Mr. Effron. MINUTES REGULAR CITY COUNCIL ~EETI~G ~'f~¥ 4 , 1971 LEGAL - Other, conrad. Acquisition of Police Complex Site After stating a price of $33:500 Fm. Shepard is now asking $55,000, and the right to move the struc~ture to another location. The land has been appraised, and Mr. Moore recommended rejecting the offer. Mr. Archie moved that the offer be rejected, seconded by Mr. Effron. Motion carried 5-0. OLD BUS/drESS Consider pay plan for non-classified employees (On the table) Mrs. Jackson moved that it be taken off the table, seconded by Mr. Archie. Motion carried 5-0. The new plan would allow for a 4-step raise for non-classified employees - at 6 months: 1 year: 2 year and final. Mrs. Jackson moved to accept the pay plan, and provide $2,230.q6~ sec- onded by Mr. B!anohette. Motion carried 5-0. Bus Service (On the table) Uillaqe Royale layout Mr. Jones read a note from Mr. Sarno concerning Village Royale Bill Elam represented Village Royale. Mayor Wallace asked Mr. Elam about the g~een area. Mr. Elam stated it would be mounded and lmdged. The people living across the street would not be seen. The green area has been increased and the density decreased. Mr. Moore stated that the main idea of the Ordinance was to change the zoning. Would no~ be necessary to draw up a new ordinanee~ but it could be amended for the new plan. Mrs. Jackson moved that the amended plan of Village Royale b& accepted, seconded by Mr- Blanohette. Motion carried 5-0~ Flood Insurance Mm. Jones reported that the matter had come up previously and a peti- tion was given to Council. Conducted a survey and 5 out of 6 cities rejeeted the Flood Insurance Program. Indicated that the Federal pro- gram is vague. Tends to control development. -6- C I'~ INVdTE $ REGULAR CITY C0~NCIL MEETI~G ~i~Y 47 1971 OLD BUSINESS - Flood Insurance~ conrad. Mr. Blanchette moved to reject the Flood Insurance Program, seconded by Mr. Archie. Motion carried 5-0. ADMINISTRATIVE ReqBest to pave a portion of N. E. 7th S~£eet ~s. Jackson asked that the portion of N. E. 7th St. between 8th and/O th Avenues be cons idered for paving where there are houses, rather than paving the section where there are no houses. Mr. Archie asked why should we stand in the way J2f these people are will- ing to pay to have the road paved? Mr. Effron asked if this is a low area that ~ou!d have to be raised and was that included in the quoted price'~ It v~s believed to be only rom the paving. Mrs. Jackson moved to table the item until mome people ame contacted: seconded by ~. Blanchette. Motion carried 5-0. M~. S~oshein stated he did not know whether the property he is involved in has been considered, ~ost of the people do want it~ and asked that it be considered for construction. He was told that the people will be notified~ and given due considera- tion as soon as possible. Announce Public Hearings onDrainage Program ~. Jones proposed at least 3 public hearings 1. Thumsday~ May 13 at 7:30 P. M. in the Council Chambers 2. Thursday~ May 20:7:30 P. M.~ Stetting Hall~ Sterling Village 3. Thursday~ May 27~ 7:30 P. M. in the Civic Center ~.s. Jackson requested that the attached be made a part of the minutes and moved that we cancel the referendum vote for June lst~ i~struct the Attomney to draw an emergency ordinance to this effect and have a special meeting either Thursday or Friday to pass on this~ no second. ~. Effron moved to approve these three da~es~ seconded by Mr. Archie. Motion carried 4-1. ~s. Jackson voted :~no~. Resignation of Mrs. Juanita Meeks - Community Relations Committee Mr. Arehie moved that Mms. Meeks resignation be accepted with regret, seconded by ~,~. Effron. Motion carried 5-0. -7- MIik~/TES REGHLAR CITY COUNCIL MEETING MAY 4 ~ 1971 ADMIN/~. T~.TIVE, cont'd. Appointment of Poll Wo~.kers for Special .Election, June i, 1971 Mrs. Padgett reported that Mrs. ~dsen will not be able to serve and that Mrs. Harriett Bouton v~uld like to serve. Mr. Archie moved that the names listed be accepted for work in the pre- cincts, seconded by Mr- Blanehette. Motion carried 5-0. Approval of Bills Overland Construction - over-~n - making a total cost of $352,896.08. Neptune Meter Co. $t0 ~754.80 Mr. Ef£ron moved to pay Neptune Meter Co. and defer payment to Overland, seconded by Mr. Archie. There should be somethir~ in the contraet~ and should be researched in detail. Motion carried 5-0. OTHER Recreation Director Charles C. Frederick Mr. Effron moved to appoint Charles Frederick as the new Recreation Director, seconded by Mr. Arehie. Motion carried 5-0. Water Shortage Mr. Jones reported that the Flood Control District has asked that we reduce w~ter consumption by cutting out non-essential uses. Recom- mend that we do this on a voluntary basis until next Monday. And if that doesn:t help~ draw up an emergency ordinance. ADJOUNN~NT Mr. Archie moved to adjourn: seconded by M~. Effron. Motion carried 5-0. Meetinq adjourned at 9:30 P. M. Attest: ~ City Clerk -8- C~ BOYNTON BEACH, FLORIDA J~. ArChi~, Councilman ~ar~'o£~ b. D±anc~etre~ C6und~lman C We are in the proeess of having the greatest drought in the history of Florida. I feel that we should reassess our thinking about a drainage program. Last night on the Channel ~ News the chairman of the Audubon Society said~ ~Drainage and Flood Control by Governmental bodies are responsible for the plight of the firefra~aged Everglades and for the prospect of salt water in our water table £rom.wh±eh we derive our drinking water." A Mr. Anderson~ the water and sewer consultant for Palm'Beach County and the municipalities of Riviera: Juno Beach~ Teques~a and the Loxahatehee River Basin Council of Governmen~s~ was quoted in a news- paper this past S unda~' as saying~ ~Most people think there is a great undemground river of water in this area, but that isn't so. The wells in the area are recharged by rainfall~ and the underground system is like a bank. You can only draw as much money out 9£ the bank as you put in and it is the same way with water. When the underground fresh water drops: salt water gradually replaces it~ endangering fresh water wells. This is already beginning in some places now.~ Therefore~ the standing water that occurs after a rain is a problem at the time~ but this water should not be drained out into the Intracoastal Waterway, but should be diverted so it goes into the water table to be stored for valuable drinking water. The drainpipe on 2nd Avenue goes into the Intracoasta~ Water- way now. That is something that is already a fact~ the areas immediately north and south can be drained into that because that is the'way it was engineered. North 10th Avenue can go into the Boynt6n Canal~ which is governed by flood gates~ and so nourishes the watem table. Boynton Beach has had problem areas for many years. After this lengthy drought we should stop and-think whether it is really for the general good of the citizens of Boynton Beach to have a bond refer- endum now~ 3osting $500, or whether we should wait until next fall's regular election and in the. meanwhile do further ~tudy to make sure as much of the rainfall gets into the ground. Perhaps provide more swales or even consider some tow land that du~.ing dry weather could serve as mini-parks. Remember~ with the bond City taxes by 25%, and at the same referendum we will be raising our time we will be depriving the resi- dents of valuable water going into the ground for drinking water. Therefore, I move we ~ncel the referend~ vote for June 1st. /