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Minutes 12-15-70.MINHTF. S OF REGULAR CI~f COONC!L METING HELD AT CITY HALL~ BOYNTON BEACH, ~LORIDA, TUESDAY, DECEMBER 15: 1970 AT 7:30 P. M. PRESENT: Thomas A. Summers~ Mayor Formest Wallace, Vice Mayor ~irs. Emily Jackson~ Councilwoman Michael V. Michael, Councilman Leonard Nylund~ Councilman C. Q. Jones, Jr., City Manager Gene MOore, City Attorney Mrs. Tereesa Padgett~ City Clerk Mayor Summers called the n~eting to order at 7:30 P.M. Mrs. Jackson gave the Invocation, followed by Pledge of Allegiance to the FtaghyMay0r Schemers. M~s. Jackson presented the City a framed copy of the prayer she read for the City Hall: which was accepted with thanks. s cial Sue !s Vice Mayor-e!eet Robert Effron was ~ecognized by the Mayor. John Adams and Joseph Keltey~ Sterling Vil!age; also Thomas Canavan~ Robert Beyrer~ Sterling Village Senior Citizens $ United Boynton Civic Leagl~e~ Mrs. Jo~n Mooker~ Jr. Woman's Club: Floyd Van Deusen~ Senior Citizens~ and Carol Corvin~ Boynton Youth Association, MINTdTES Mrs. Jackson moved that minutes of December 2~ 1970 meeting be approved as w~i~ten, seconded by ~i~. Nylund and mo~ion carried, Mr. Wallace and Mr. Sure, nets abstained because they were absent f~om the meeting. Motion carried PUBLIC A~DIENCE Robert Beyrem made inquiry as to applying for flood insurance in the town. He was advised that this was brought up two months ago and me- jeered because of many unknown factorswith which-the City would be faced. However~ the matter is not closed - as soon as we ge~ some answers !~m sure we~lt ac~ on it. He apologized to Council for the t~mes he used his mouth instead of his head~ and wished ali a~erry C~istmas ar~ Happy New Year. Representatives of B ynton Youth ~ssoc~at~on~ together with their leader Jim Patter. son~ requested pe~mis~sion to have Kiddy Fun Day; on May 7, 1971 at Pioneer Park. Mr. Michael moved t~hat this item be placed on the Agenda~ seconded by M~s. Jackson~ and motion carmied 5-0. Mr, Michael then moved to grant the request (motion was meant ~o include waiving of fee~ and permission to soticit)~ seconded by ~s. Jaokson a~d motion carried 5-0. Mr. Michael commended this organization for rsising money for meaPeatio~l fac~_.~t%es in Boynton Beach. -1- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 15 ~ 1970 Eddie Mitchell, 329 N~ E. 12th Ave. ~ inquired as to the odor that comes from li~t station at the sewer plant. City Manager stated this has been reported and Mr. Marmaduke is looking into this ~ to see what should be done. Stomm Drainage - 600t concmete pipe Gulf Stream Construction O~ton Construction $ 17,380 60 days 12,950 30 days Mms. Jackson moved to accept bid of $!2~930 to Orton Constr~ction. Mo- tion seconded by ~. Wallace, and motion carried 5-0. One (1) New 1971 Ambulance Beacon Medical Dawson Rich Motors 8,995 8~950 8:020.41 (International) 6 to 8 week~ 180 days 90 to 120 days Mr. Waltaee moved to award bid to International Dealer in amount of $8,020.41 for 1971 ambulance. Motion seconded by Mrs. Jackson~ and motion carried 5-0. Boynton Beach Volunteer Firemen raised $5 ~000 for partial payment of this equipment. Sale o£ two (2) used garbage packers The City Manage~ recommended the City go out for new bids on selling of two packers. Mr. Nylund moved and F~. Wallace seconded that the City Manager's recommendation be accepted. Motion carried 5-0. LEGAL - Omd. ~70-33~ amending Electmieat Code - Second Reading The City Attorney read O~dinance ~70-33 Mm. Michael moved that Ord. ~70-33 amending the electrical code be passed on second reading~ seconded by Mr. Nyltuld and motion carried 5-0. PUBLIC HEAR~G Change in Zoning - Lots 87, 88 and 89~ Cherry Hills S/D 424 NW 9th Ave. From R-iA to R-2 Mr. Willie Gallery appeared in his own behalf on the above request. No one opposed his request. Mrs. Jackson moved to accept the recommendation o~ the Planning Board and g~ant Mr. Gallery the change of zoning. Motion seconded by Michael and motion carried 5-0. -2- MINUTES REGULAR CITY COUNCIL ~ETING DECEMBER 15~ 1970 LEGAL - Ord. ~70-~4 - !st reade The City Attorney then read O~dinance ~70-34 to rezone from R-IA to R-2 the Lots 87, 88 and 89 Cherry Hills S/D owned by Mr. Gallery. Mr. Miehael moved to accept C~d. ~70-34, seconded by Mr. Nyiund and motion carried 5-0. P~_C HEARING~, cont'd. Request of Robert Rose to rezone 6 parcels to R-3A, as follow, s: (1) All that certain parcel of land, situate, lying and being kno~a% as West half of Goverr~ent Lot 12 No~th of S. W. 23rd Ave., iR Section 33, Township 45 South, Range 43 East, Boynton Beach, Palm Beach County: Florida Request: R-1AA to R-3A That certain parcel of land, situate, lying in Government Lot 8, beginning at the intersection of the Northeastern corner of Lot 45~ West.chester Heights and Seacrest Blvd., running northeasterly a!or~ Seacrest Blvd. 280 feet~ then North 188.6t feet~ then West 166.44 feet, then Southwest 330 feet, then Southeast 225 feet to the point of beginning: less Lots 44 and 45, Westchester Heights~ in Section 33, Township 45 South, Range 43 East, Boynton Beach, Palm Beach County, Florida. Request: R-IA to R-SA (3) LToha:t cer~'%n parcel of land, situate lying in Government Crest V~:~ running North 80 feet, then West 119.88 feet, then Southwest 100 feet~ then East 166.44 feet to ~he po~t of beginning, in Section 33, Township 45 South, Range 43 Eas~, Boynton Beach, Palm Beach County, Florida Request: R-1 to R-3~ (4) Lot 63, Crest View Subdivision, Recorded iR Plat Book 23, Page 154, Palm Beach County Records Request: R-! to R-3A (s) Lot 64, Crest View Subdivision, Recorded ~-n Plat Book 23, Page 154, Palm Beach County Records Request: R-iA to R-3A All that certain parcel of land situate~ lying in Gover~nent Lot 8 North of S. W. 23rd Ave., West of Seacrest Blvd.~ in 4S?etio_n 33~ T9 ~w~ship 45 So~th, Range 43 East~ less Lots 43, , and 45 Wes~enester Heights, less Pa~.r?els (2) g,(3) de- scr.ibed .above~ and le. ss t.h~erefrom t~e Westerly 25 of Lot 8 as nave peen conveyed to v~e City o~ Boynton Beach for public roa~ purposes. Request: R-tAA to R-SA MINUTES REGULAR CITY COUNCIL F~ETIt~IG DECF~MBER 15~ 1970 PUBLIC HEARIN__G~ conrad. ~. Rose was represented by Joseph Tomberg, Attorney~ who stated ~ey were only requesting zoning change north of 23rd Avenue, and 25rd Avenue is a buffer zone from private homes south of the zoning request. Opposing the request was Dr. Robert Reborn, 501 S. W. 24th Ave.~ who spoke as representative of a large delegation in the audience. He sub- mitted petitions from 1~085 residents. He read caption of petition (copy attached). He stated it 9~s difficult for doctors to find homes to live in so they could care for large number of patients now coming to Boynton residing in condominiums. He submitted maps and drawings. Dr. Charles Simons, 141 S. W. 24thAve., Boy,ton Beach~ opposed the zoning request~ and sho~ed pictures of how the land has been stripped of trees and natural beauty. Bill Humphreys, 145 S. W. 24th Ave. - stated he didn't know if ~Ip. Rose owns property south of 2$rd or not~ but this was his main concern - not to destroy p~ivate home section by encroaohing. He mead a letter (copy attached) of his obj.eetions~ and Showed photos of homes which would be effected by rezoning. Harry Walker, 2593 S. W~ ls? St. - said he had five children and his home would be swallowed ~up if the zoning Was ~ranted. Urged that Council vote ~no~ on the request. George Putnam, 703 S. W. 25th Place - felt the utilities are overworked now and with the population o~ the town as is he feels the City will be required to expa~ds~wage t~eat~ent from primary to secondary facili- ties. He feels a moratOrium should be declared on high density build- ings until the City catches up with needs that already exist. Hm~ed Council to vote against request. Mr. Michael moved that the s'-' D. pieces of property M~. Robert Rose re- quested be rezoned from R-1A~ to R-YA be denied, seconded by Mrs. Jack- son and motion call, led 5~0. RECESS - (~ir. Lee Minor thanked Council for their decision.) ~EGAL_, cont'd. OE~ - tst reading No. 70-32 - amending garbage ordinance (On the table) Mr. Michael moved that Ord. ~70-52 be removed from the table. by Mr. Wallace and motion carried 5-0. Seconded -4- MI-~dTES REGULAR CITY COLhNCIL ~ETING DECEMBER 15:1970 LEGAL ~ cont'd. prdi~nce ~70-~5_2, cont'd Mr. Michael moved that Ord. ~70-32 be accepted on first reading with additional sentence ~esig~atin~ where the t~ee t~immers and land care o ' perators dispose of v~ste. No second. M~. Wallace then moved to refer this Ordinance back to City Manager and Mr. Hopkins for further study~ inasmuch as there was discussion me carts: t-~ee t~immers ~ etc. Motion seconded by Mrs. Jackson and motion mart led. Resolutions Res. ~:70-GG - abandonment of 10~ utility easement betv~en Lots 4 and 5, Block 45~ Sec, SA: Leisurevi!le Res. No. 70-GG was read by the City Attorney. ~. Nylund moved that Res.. ~70-GG be passed. Motion seconded by Mr. Michael and motion car- tied 4-1. Mr. Wallace voted ~no~. Res. ~70-HH - Opposing location of new State prison within Palm Beach County Res. No, 70-HH was read by the City Attorney. Mrs° Jackson moved to strike Res. 70-HH ~rom the Agenda~ seconded by Mr. Wallace and motion carried 5-0. This number was used for another resolution. Res. ;rT0-II - establishing letterhead for Chamber of Commerce Mr. Michael moved to support and endorse endeavors af Chamber of merce re lette~head~ ~ut that it is their prerogative to make decision. Motion seconded by ~i~. Nylund and motion carried 5-0. Res. ~70-II was used for another resolution. Resolution ~70-HH - establishing salary of Librarian P~. Michael moved to establish salary o~ Librarian at $6:864. Motion seconded by Mr. Wallace and motion carried 5-0. Othe ~ Consider utility tax exemption for churches (On the table) Mr. Miahaet moved to remove from table exemption o~ e~rches to pay utJflity tax. Motion secor~ed by Mr. Nylund and motion caroled 5-0. -5- MINUTES P~PGULAR CITY COUNCIL MEETING DECEMBER 15, 1970 Other~ conrad. The City Attorney advised that recent legislature repealed this exemp- tion~ so it is up to local governing bodies to determine how they ~nt to handle this matter, and if it is the desire to continue with ~ ex- emption then ordinance must be drafted. ~. Wallace moved to continue exemption as has been done in the past. Motion seconded by bps. Jack- son and motion carried 5-0. Revie~ or--aw__suits now pen.ding The City Attorney revealed two cases are pending. (t) Nuisance on Ocean Avenue at S. E. 6th Ave.: (2) Gulf Stm_eam Marina; the latter ing set for trial Jan. 8~ 1971. Also discussed was suit with Beach Memorial Gardens which has been finalized. Mr. Moore did not ~epresent ~e City in this suit but: rather, represented the pla~ntiffo It was revealed the city may be required to re~drn taxes plus interest to Palm Beach Memorial Gardens in amoun~ of $10~575. Conside~ amend~ exist~n_~_Z,o_~ Ord__~_2anc_e Mr. Michael moved that the existing zoning not apply ~o city-owned tennis eourts~ etc.~ as to height regulation of shrubs~ etc. Motion seconded by Mrs. Jackson and motion carried 5-0. Rev%e~ status of Gu]~s~ream Marina Mrs. Jackson made ~qu~J~y as to signs at Gulf Stream Marina,s ts.n=ng it looked. ~ like a ho. rl<ytonk. Mr. Barter stated they have been notified the smgns are in vmolation and are illegal. R~e~vi~e~L_~ol.iny on use of s~_ngte water meter for Mr. JOnes reviewed the above 60 _ammly dwelling requested they ~ allowed to operate wit~ SJm. gle meter (was .~ot premed at the meet'L~,9-). Mr. Michael moved that the potiey of the City re water me,ers not be chang'ed~ seconded by ~ir. Wallaee and motion carried 3-2. Mr. Nyiund and Mr. $t~l~e~s voted Nno~. Re~7~est of Magic Chef for beverage ..................... [~ ....... license at 710 N. Federal Hi~q~hway (On the table) -- Motion was made to remove from table by ~. Michael~ seconded by l,~rs. JacP~on and motion earmied 5-0. Mr. Nichael moved tl~e request be granted subject to approval by Health Dept.: seconded by ~s. Jack, on and motion carried 5-0. -6- MINUTES REGULAR CITY COI~ICIL MEETING DECEMBER 15: 1970 ADMINISTRATIVE Eonsider Change Order, Supplemental AQ~eement ~a] I~. hlchael moved that Supplemental Agreement~,-~1~ Change Order~ be accepted re Derrico Construction Corp. and Alsay D~illings /nc. Motion seconded by MB. Nylund and motion carried 5-0. Request of Briny Breezes~ Inc. for refund on dump tickets Mr. Wallace moved to refund approximately $100 to Briny Breezes re dump tickets: seconded by Fins. Jackson and motion carried 5-0. Consider r~ques_~ for abatement of taxes Mr. Michael moved to follow advice of City Attorney and abate taxes in amount o~ $297.47, and r~move from books. MB. Wallace seconded motion which carTied 5~0. Res. 70-II Res. 70-i! ~s read by the City Attorney - to abate outstanding munici- pal taxes. Mr. Michael moved to accept Res. 70-II~ seconded by~s. Jackson and motion carried 5-0. Consider request of City Manager to transfer funds For Cit~ .Vehicles Mr. Michael moved that transfer of funds be permitted from Fire Dept. capital outlay to ~¢tice Dept. ~otion seconded by F~. Wallace and motion carried 5-0; For Tractor Mrs. Jackson moved, that $5,398 be taken from unappropriated su~plus to put,ese tractor. Motion seconded by Mr. Wallace and motion carried 5~-0. Consider__appointment of one_ad~dit~iona__l police officer Mr. Nylu. nd moved to grant authority to hire additional patrolman for j~veniie and vice in amount of $4,836~ and this be paid from unappro- priated surplus. Motion seconded by Fly. Wallace and motion carried 5-0. (As to request for leasing trailer for office use until police complex is completed this was not to be included in motion. ) MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 15, 1970 ADMI/~ISTRATiVE: cont'd. Consider resignation of Recreation Supt. ~-~. Michael moved to accept resi?nation of Recreation Superintendent. Motion seconded by Mrs · Jackson and motion carried 5-0. Appointment of Actin9 Recreation Supt. (On the table) Mr~ Wallace moved to remove from table appointing o~ Acting Recreation Supt. Motion seconded by Mr. Nylund and motion carried 5-0. F~. Michael moved to appoint Peggy Hanshumaker Acting Recreation Supt.: seconded by Mr. Wallace and motion carried 5-0. Applications for Permit to Solicit 1. American Cancer Society - Palm Beach County ~nit 2. Boynton Beach Jr. Women's Club Motion to approve by Mr. Wallace, seconded by ~s. Jackson and carried Approval of Bills Bill of Russell & Axon for consulting fee in amount of $1,654.06 was held for further infommation. Mr. Nylund moved that bill of Rubin Construction in amount of $19,805.35 be approved. Mr. Wallace seconded the motion which carried 5-0/ ,A-DJOUPaNMENT Mr. Nylund moved to adjourn, seconded by ~. Wallace, motion carried 5v0. Meeting adjourned at 10:30 P. M. CITY OF BOYbY~ON BEACH~ FLORIDA Thomas A. Summers: Fmyor Forrest L. Wai~lace~ Vice Mayor .8_ MINUTES REGULAR CITY COLLNCIL MEETING DECEMBER t5~ 1970 Fms~ Em/~Y ~I. ja'eksOn~ CoUncilwoman Mzchael V. Michael, '~ouncitman Attest: LeSnard E~ Nyiuhd, CoU~itman City Clerk '9- STATE OF FLORIDA ) COUNTY OF PALM BEACH ) SS CITY OF BOYNTON BEACH ) TO THE HONORABLE MAYOR AND COUNCILMEN OF THE CITY OF BOYNTON BEACH~ FLORIDA: We~ the undersigned Clerks of the Primamy Election held on the 17th day of November~ 197[ A.D. for the pumpose of electing three (5) candidates for Council~ do hereby certify tha~ at such Primary Election the mesults were as follows: CANDIDATES john L. Archie Loren Blaeketer Harold Blanchette ~ilbemt Collins Ralph De Young Robert B. Effron Mms. Mary Frances Fry Lloyd Garner Clyde N. Gatlin Vernon Thompson, Jr. Floyd C. Van Deusen Otis Walker Write in Votes Absentee Nomth South TOTAL TOTAL VOTES CAST r C~e~k~ S~u~h P~ecinct Clerk~ North Pmeainct Sworn to and subscribed before me this 17th day of November: 1970. Temeesa Padge~ City Clerk STATE OF FLORIDA ) COUNTY OF PALM BEACH ) ss CITY OF BOYNTON BEACH ) held on ing stax TO THE HONORABLE MAYOR AND COUNCILMEN OF THE CITY OF BOYNTON BEACH~ FLORIDA: the undersigned Clerk and Inspectors of the Primary Election the 17th day of November, 1970 A.D. for the purpose of nominat- (6) candidates for Counait do hereby certify that at s~ch Primary Election~ the total votes of which John L. Archie Loren R. (Blackie) Blacketer Harold Blanchette Gilbert (Gib) Collins Ralph De Young Robert B. Effron Mrs. Frances Fry W. Lloyd Garner Clyde N. (Mickey) Gatlin Vernon Thompson~ Or. Floyd C. Van Deusen Otis W. Walker cast aT the North Precinct were: received received received received received received received received received received received re ce 1ved WRITE IN VOTES votes .voTes votes votes votes ~g~-votes votes votes votes vozes votes THERE WERE SPOILED BALLOTS THERE WERE ABSENTEE BALLOTS And we, such Clerk and InspecTors~ do make the foregoing as ou~ re~urn To you of the results of such Primary Election and we do ~eelare the above and £oregoing to be the result of the Primary Election in the North ~recinct. 'Clerk ~i~spe ctor Inspector I ns p e STATE OF FLORIDA ) COUNTY OF PALM BEACH ) ss CITY OE BOYNTON BEACH ) TO tHE HONORABLE MAYOR AND COUNCILMEN OF ~HE CITY OF BOYNTON BEACH, FLORIDA: We~ the undersigned Clerk and Inspectors of the Primamy Election held on the 17th day o£ November~ 1970 A.D. for the purpose of nominat- ing six (6) candidates for Council do hereby certify that at such Primary Election, the total votes casv at the South Precinct were: of which John L. Archie Loren R. (Blackie) Blacketer Harold Blanchette Gilbert (Gib) Collins Ralph De Young Robert B. Effron Mrs. Frances Fry W. Lloyd Garner Clyde N. (Mickey) Gatlin Vernon Thompson~ Jr. Floyd C. Van Deusen Otis W. Walker received / '~ ~g votes received F~-~'' votes received ~q? votes received ~/~ vo~es received votes received / / 9 / votes vote votes received received received received received received WRITE IN VOTES THERE WERE THERE WER[ SPOILED BALLOTS ABSENTEE BALLOTS And we~ such Clerk and InspecEors, do make the foregoing as our return to you of the results of such Primary Election anc we do declare the above and ~oregoing to be the result of the Primary Election in the South Precinct. ~terk y ~spector Inspector Inspector