Minutes 03-02-71M/MUTES OF REGULAR CITY COUNCIL M£ETING HELD AT CITY HALL~ BOYNTON
BEACH~ FLORIDA: TUESDAY~ MARCH 2, 1971 at 7:30 P. M.
PRESENT:
Forrest L. Wallace, Mayor
Robert Effron, Vice Mayor
~s. Emily Jackson, Councilwoman
John Archie, Councilman
Harold Btanchette~ Councilman
e. Q. Jones, Jr., City Manager
Gene Moore, City Attorney
Mrs. Tereesa Padgett, City Clerk
Mayor Wallace called the meeting to order at 7:30 P. M.
Invocation - The Lord's P~ayer, ~oltowed by the Flag Salute led by
Gene Moore, City Attorney.
~ecial Guests
Floyd C. Van Deusen~ Senior Citizens
Robert Beyrer, Sterling Village Sr. Citizens & ~nited
League
Albert Wehrell, Boynton Isle Lee Manors Assoeiation
Edward Epp, Chairman, Scout Building Committee
Boynton Civic
Mrs. Jackson recognized the man who did the first leg of the Pioneer
Mailman Wa!k~ M~yor Wallace.
Mayor Wallace paid tribute to all who participated in this program.
.MIh~dTES - Regular Meeting, February 16, 1971
~;~. Effron moved to accept the minutes as %~itten, seconded by
Archie. Motion carried 5-0.
Special Meeting, February 17, 1971
Mrs. Jackson moved to accept the minutes as written, seconded by Mr.
Blanchette. Motion carried 5-0.
~UBLIC AUDIENCE
Mrs. Laura Rohrbaugh presented the Council with a petition of 116 signa-
tures, objecting to the const~_.uction being done in their area. (Medical
Clinic) Would like to have construction stopped until violations have
been re cti~ied.
Mr. Wallace accepted the petition~ and stated there would be no action
taken at this time.
Mr. Archie moved that it be turned over to City Manager to look into
and report to Council at workshop meeting, seconded by Mrs. Jackson.
Motion carried 5,0.
'1,
MINUTES
REGULAR CITY COUNCIL MEETING
MARCH 2~ 1971
_PUBLIC AUDIENCE, cont'd.
Howard Miller: 1002 N. Atlantic Dr. ~ Lantana - Could the area at N. E.
22nd Avenue and 2nd Ct. be hooked up to sewer? Presently have septic
tanks in the area.
Mr. Wallace recommended that he discuss it with Mr. Hopkins,' then bring
it t~fore Council.
BIDS
Annual Supply of:
Chlorine
Mrs. Jackson moved to accept the bid of Allied Chlorine and Chemical Co,
seconded by Mr. Effron. Motion carried 5-0.
Water Meters
Mr. Jones recommended that it be deleted, the low bid was marginal as
to specifications. Recommend re-evaluate and re-bid.
Mrs. Jackson moved that all bids be rejected, seconded by Mr. Blanchette.
Motion carried 5-0.
Gasoline & Oil
Mrs. Jackson moved to accept the bid o£ Seacrest Petroleum for diesel
fuel and award bid to Gulf Oil Co. for the gasoline and oil; seconded
by Mr. Arehie. Motion carried 5-0.
Tires and Batteries
Mr. Jones recommended no action be taken at this time. Only standard
bids were reeeived~ should wait for firm commitment.
i~ir. Arehie moved that bids be rejected, seconded by Mr. Effron. Motion
carried 5-0.
Shell and Pit Lime Rock
Mr. Arabic moved to accept the bid of Ed Clanton, seconded by Mrs. Jack-
son. Motion carried 5-0,
Cold Mix & Asphalt
Mr. Arehie moved to accept the bid of Rubin Const. Co., seconded by
Mr. Effron. Motion carried 5-0.
-2-
MINUTES
REGULAR CITY COUNCIL ~ETING
~RCH 2~ 1971
PUBLIC HEARING
8:00 P. M.
Consider request for change in zoning
Parcel ~1 - Lot 9~ Block 7~ Boynton Ridge Revised
Request: R-1 to R-2A
Address: 2506 N. E. 2nd Ct.
Applicant: John and Rose Gimbet
No one spoke for or against subject request.
The Planning & Zoning Board recommended that this ease go before the
Board of Adjustment. The City Attorney felt this was a zoning matter
and should not be considered by the Board of Adjustment.
Mr. Arehie moved to have this case referred back to the Planning
Zoning Board, seconded by P~s, Jackson. Motion carried 5-0~
Parcel ~2 -
Lot 11~ Block 8, Happy Home Heights
Request: R-t to R-2
Address: 208 N. E. 12th Avenue
Applicant: Ella Johnson
Rev. %~lite represented Ella Johnson. No one was present objecting to
the request. A letter from ~rirs. Pender objecting to the request was
a ckno wled ged.
Mr. Archie moved that the request ~e granted~ seconded by Mr. Effron.
Motion carried 5-0.
Ord. {]~71-8 - ~. Moore read Omd. ~71-8. Mr. Archie moved that Ord.
~7%-8 be passed on first reading~ seconded by Mr. Effron. Motion car-
tied 5-0.
Parcel ~';~3 -
Lots 27/32 incl., Block 15~ Boynton Heights S/D
Request: R-i to R-2
Address: N.W. Cot. of S. W. 2nd Ave. and S. W. 1st St.
Applicant: Katherine Newton
Katherine Newton was present at the meeting, and stated she would like
to build apartments. William Yates spoke in favor of subject request.
5~s. Jackson moved that the request be denied~ seconded by Mr. Blan-
chette. Motion carried 5-0.
-3-
M I~dTE S
REGULAR CITY COUNCIL MEETING
MARCH 2: 1971
PUBLIC ~EARI~G, cont'd.
Parcel
¢c)
Address:
Applicant:
Lots 1/5 incl.~ Boyntonhorough
Request: ~ R-1 to C-2
W. 75' O~ that part of Lot 19, Sam Brown, Jr. S/D
tying East o£ Lots 1~ 2, & 3 Boyntonborough
R~queSt~ R-i to C~2
That part of Lot 19: Sam ~ro%~n, Jr,~ S/D lying
East of Lots 1, 2 ~ 3, Boyn~Onborodgh,
less W. 75' ~ereof
RequeSt: C~I tO 022
1700 ~ " '
N. ~. 4t~ St~ (all of Parcel ~)
Ridhard B. Sheer
Elmo E_lmot, Building Department~ stmt~d that Mm. Abbott: representing
~'tm. Sheer, withdrew the application when he discovered that so many people
were against it.
Robert Olds, Vice Chairman of the Planning and Zoning Boa~d~ verified
that he withdmew~ but it was vembal: not %~itten.
Parcel
- E. 25! of Lot 19: All of Lot 18 and W. 40~ of
Lot 17~ Block 2, Lake Add'n
Request: R-lA to R-SA
Address: 611-~27 N. B. 10th Avenue
Applicant: Leon C!outiem
P~. Cloutier was present at the meeting. Would like to build a 10-unit
apartment that he would maintain and run himself.
John Yarish, 633 N. E. 10th Ave., spoke against the request. It would
be spot zoning. Lived in his house three months:.and 'they started spot
zoning. Presented the Council with a petition of people against the
request.
Walter Lacey, 629 N. E. 9th Ave., stated that he is against any spot
zoning.
Victor Pekow~ 702 N. E. 10th Ave., objects to spot zoning. The people
should have the benefit of Council and something should be done about it.
Mms. Jackson referred to a petition signed by~. Cloutier in 1962 to
keep this as a resident/al area. She stated that she stood a better
chan~e to gain than anyone:since she had vacant property around he~ if
the zoning was changed, but she did not ~eel this would be right.
Mrs. Jackson moved that the request be denied, seconded by Mr. Blan-
chette. Mr. Arehie abstained. Motion camried 4-0.
-4-
MINUTES
REGULAR CITY COUNCIL ~ETING
MARCH 2, i971
PUBLIC HEARING, eont~d.
Consider amending See. 3i-12(c) of the Code re height and setback
requirements o£ hedges, fences, etc.
Mms. Jackson moved that this be tabled until after the Planning & Zoning
workshop meeting~ seconded by Mr. Archie. Motion carried 5-0.
Consider the request of Village Royale for abandor~nent of a portion
of the Plat .of Boynton Ridqe
Jermy Gross~ Attomney~ representing Village Royale. 9~uld follow the
plan that has been sutxnitted. Would put in new roads and water lines.
Harold Hopkins suggested that Village Royale put up a bond or not
abandon at this time.
Dan OTB~ian suggested a conditional easement until the water line
relocated. It would not be economical to put up bond.
~s. Jackson moved to table the case until City Attorney has a chance
to study it and pmepare a resolution, seconded by M~. Effmon. Motion
caz~ried 5-0.
~Ssessment Roll - Paving a portion of N. E. 7th Avenue
No one spoke rom or against subject roll.
Mr. Moore ~ead Ord. ~-7~-9. Mr. Btanchette moved that Ord. ~71-9 be
adopted~ seconded by M~. A~chie. Motion carried 5-0.
~IDS -(Continued)
C~st Ir0n Pipe & Fittings
Mr- Archie moved to accept the ~ecommendation of the City Managem and
award bids as indicated on corrected tabulation sheet on file in office
of the City Clerk, seconded by Mm. Effron. Motion carried 5-0.
~alVanized P~pe g Fittings
Mm. Arehie moved to award bids as indicated on tabulation sheet on
file in office of the City Clerk~ seconded by Mms. Jackson. Motion
carried 5-0.
.Sale of Wrecked Motorcycle
Mm. Effron moved to accept the high bid of $257,11 made by David McKay,
seconded by ~. Blanchette. Motion cemried 5-0.
-5-
M~TES
REGULAR CITY COUNCIL 1,~ETING
MARC2{ 2: 1971
LEGAL
Resolutions
Proposed resolution - revenue sharin~ (left on the tmble)
Proposed .resolution - re Seaboard Coastl !~¢ Railroad A~gTeement
Mr. Moore read Resolution ~7t-J. ~. Archie moved to adopt Res. ~71-J,
seconded by Mr. Effron. Motion ear, led 5-0.
Street Improvement - Portions of S. E. tst St. and N. W. 9th Ave,
Moore read Resolution ~71-I. ~. Btanohette moved to accept Res o
~7t-I~ as read~ seconded by~ips. Jackson. Motion carried 5-0.
OLD BHSINESS
Consider request of Atty. C. Robert Burns for refund of amounts paid
by Palm Beach Memorial Park (On the table)
Mrs. Jackson moved that it be taken off table, seconded by Mr. Archie.
Motion carried 5-0.
Mrs. Jackson moved to instruct City Manager to write to M1~. Burns that
until we see a copy of the court order we will not pay the taxes, sec-
onded by Mr. Wallace.
Mr. Jones stated three options: (1) could pay the taxes; (2) fight
case in courts (3) or indicate we would not refund taxes. It would
be necessary to obtain directive from Judge. Estimated two or three
thousand dollars, attorney fee to settle in court. Motion carmied 5-0.
Mrs. JaeI~on requested the attached be made a part of the minutes.
~pnsider approval of Architect for Police Complex
Mrs. Jackscn moved to table this matter~ seconded by Mr. Btanchette.
Motion carried 5-0.
Report by Ci~ Manage? 9n status of Bank Loan
~. Jones reported that we borrowed $160,000 in June: 1970 at 5.5%
annual loan rate. Monies we have invested is ~ringing us s return
cf 5 to 5~% at present. The mos~ we could save at this time is about
$800 a year. Mr. Jones recommended t~king no action until further
study.
-6-
MINI~TES
REGULAR CITY COUNCIL MEETING
~i~RCH 2, 1971
OLD BUSIh~SS~ cont'd.
Discuss tax collectiqn by Palm Beach County. (Mayor)
Mayor Wallace reported on the meeting with the Palm Beach Delegation
and said he felt the County is as unhappy with the system as the Cities.
It ~s decided to discuss this at the County League meeting, and a rep-
resentative should be present at the Fmrch tith meeting with the County
Tax Assessor and Tax Collector.
NEW BUSINESS
Mayor Wallace read proclamation concerning Gi~l Scouts, proclaiming
March 7-13 Girl Scout Week.
Planning & Zoning Board request
P~. Effron brought up the recommendation of the P%anning g Zoning Board
for a screen and camera. It would be advantageous to public audience
and Council. It was reo~ended that at least 4 pictures be taken.
Mr. Archie moved that a procedure be adopted and turn over request to
the City Manager to work out details: seconded by M~s. Jac~on. Motion
carried 5-0.
ADMINISTRATIVE
Consider City Manager's recommendation on Scout Hut
Mr. Jones stated that the City COuld maintain the Hut and use it for
additional activities not involvir~ Scouts, op lease the building to
Scouts to use as they see fit.
The Scout Committee recommended the City maintain the hut and submitted
a schedule of SCOut activities.
Mr. Archie moved to accept recommendation ofScout Commmttee' and have
City Attorney draw up resOlUtion. The Scout building is to be classi-
fied for the youth. Motion seconded by Mrs. Jackson. Motion carried
5-0.
Discuss Policy - Wrecker Rotation List - Police Dept.
Mr~ Jones recommended that the policy ~e limited to businesses within
the City Limi~ts of Boynton. DelraYdoes not allow Boynton on their
list.
Mrs. Jackson moved to accept the recommendation of the City Manager,
seconded by Mr, Effron, Motion carried 5-0.
-7-
MINUTES
REGULAR CITY COLhNCIL MEETING
MARCH 2:1971
.A DM INIS TRATIVE ~ cont'd.
~onsider request to go out for bid oD
1. St-~ee r S%~eper
Mr. Arabic moved to have this item reviewed in next year~s hldget: sec-
onded by Mms. Jackson. Motion ea~-~ied 5-0.
2. Traetor loader
Mr. Archie moved to go out on bid for Tractor loader: seconded by M~.
Effmon. Motion carried 5-0.
Consider request for refund on Cemetery Lots
Mr. and Mrs. J. J. Slattery are moving out of the area and request a
refund.
Mrs. Jackson moved to refund amount less 20% disaount~ seconded by
Mr, Arehie. Motion carried 5-0.
..R. eeeipt of resignation of J. W. Pipes - Community Relations Committe~
~. Arehie moved that the resignation be accepted: with ~egret~ seconded
by Mr. B!anehette. Motion carried 5-0.
Consider request of Grand Union for Beverage License - 1602 S. Federal
..Highway
Mr. Effron moved that request be g~anted subject to Health Dept. ap-
proval~ seconded by I~s. Jackson. Motion carried 5-0.
.Approval of Bills
M~. Jones presented the following bills:
Alsay D~i!ling, /ne. $ 3,082.65
Department of Transportation 144,651
Mms. Jackson moved that bills be paid ~ seconded by Mr. Archie. Motion
carried 5-0.
-8-
MINHTE S
REGI/iAR CITY COIlNCIL MEETING
MARCH 2~ 1971
A. DJOURN~ENT
Meeting adjourned at 10:00 P.
CITY OF BOYNTON BEACH, FLORIDA
Porrest L. Wallace, Mayor
"Robert B. ~ffror~i~iee~ayor
ATTEST:
c±ey ~k~
Mrs . Co%/IlcilwoYaan