Minutes 02-16-70~iN~TES OF REGULAR CITY C~iNt~L ~ETING HELD AT CITY HALL~ BOYNTON BEAC~
FLORIDA~ MONDAYs FEBRUARY 16~ 19'70 AT 7:30 P.M.
PRESENT:
Thomas A. Summers ~ P~yor
Forrest L. Wallace~ Vice Mayor
Mrs. Emily M. Jackson: Councilwoman
Michael V. Michael~ Councilman
Leonard E. Nylund~ Councilman
Invocation and Flag Salute was led by Leroy Harris ~ Commander American
Legion Post 288.
Gene Moore~ City At~corney
Harold Hopkins~ Acting City Mgr.
Tereesa Padgett, City Clerk
Special Guests
ArdyWittkop~ Vice President Leisurevilte Homeowners Organization.
MINUTES- Rq.gular Meeting - Feb. 2, 1970
Mr. Wallace moved and M_rs. Jackson seconded that Minutes of February 2nd
meeting be approved as written. Motion carried 5-0.
~UBLIC AUDIENCE
Thomas M. Russell, Better Business Bureau: Palm Beach County, asked if
Section 1 and SectiOn 2 of Leisurevi!te declared a condominium or a
subdivision of Boynton Beach. The City Attorney replied that it %~s a
subdivision.
Mike Youngjohn, 815 Chapel Hill B!vd. - Suggested that the traffic lights
on Feb. Hwy be synchronized. He also felt the Chamber of Commerce should
be self supporting and City should not contribute to its support. Mayor
stated the money goes to advertise Boyn~on Beach. Mr. Youngjohn also
felt people in Hamshi~e Gardens and Sterling Village should pay more
taxes and garbage and sewer fees rather than place burden on individual
home owners.
Ward Sturgis~ 128 N.W. 10th Ct.~ Leisureville - Requested investigation
into use of property behind NW 10th Court. He re~erred to 4~ acre tract
owned by N.R. Fields. It is zoned residential but is being used to sell
off top soil. Trucks and payloader moving soil is causin~ ~ch distress
to homeowners. He referred to Keatts Trucking Co. that own the top soil
and is selling it for commercial purposes.
R. B, Vastine, 132 Leisureville Blvd. - He said he too %~as distrubed by
same condition as mentioned by Mr. St~rgiS though he did not know he
was coming to council. He referred to this as a public nuisance. He
Spoke for 22 people on Leisureville Blvd.
BIDS - OPENING 7:~5 P.M.
Mr. Michael moved that receiving of bids be closed at 7:45 P.M. Sec-
onded by Mr. Ny!und and Motion carried 5-0.
Mr. Michael moved that se%~r bids be received until 8 P.M, Motion sec-
onded by Mrs. Jackson and motion carried 5-0.
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~IN~TES
REGULAR CITY COLINCIL ~EETING
FEBRUARY 16, 1970
Seven. (7) hobzle Radzos
General Electric
Motdrola
R.C.A.
3~240~
5~220.
~.~r. Michael moved that bids for seven radios be t~rned over to Tabu-
lating Committee for recommendation and return to council. ~otion sec-
onded by Mr. Wallace and motion ca~ried 5-0.
Annual Supply of - Chlorine
Apperson Chemicals ~ Jacksonville
Thompson Hayard Chemical Co. ~ Atlanta
Picard Chemical, West PaLm Beach
Allied Chemical, Miami
Mr. Michael moved that bids be turned over to Tabulating Committee for
further recommendation and return to council. Motion seconded by
Mr. Wallace and motion carried 5-0.
Cold Mix & Aspllalt Type 2
Rubin Const-~uction: West Palm Beach
Dixie Asphalt Co. ~ West Palm Beach
Gasoline & Oil
Standard Oil Co., Jacksonville
Seac~est Petroleum, Boynton Beach
Gulf Oil, Miami
Texaco, Inc., West Palm Beach (No bid)
Sun Oil Co., Jacksonville
Cast Iron & Galvanized Pipe g Fittings
B g H Sales: Inc., Lake Park
McWane Cast Iron Co., Birmingham, Ala.
H S Pipe & Foundry Co. ~ Birmingham, Ala.
Clow Corp. · Birmingham, Ala.
M & H Valve, Annist~n, Ala.
Southern Metem g Supply· Lakeland
A & B ~tility Supply, Hialeah
American Cast Iron Pipe Co., Orlando
Certain-Teed Products, Palm Springs
Mr. Michael moved that the receiving of bids on the Sewer~ Treatment
Plant be closed. Motion seconded by ~irs. Jackson and motion carried 5-0.
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MINUTES
REGULAR CITY C0~NCIL ~EETING
FEBRUARY 16, 1970
Gal. g Cast Iron Pipe g Fittings- Continued
Southern Mete~ & Supply Co.: Lakeland
Davis Meter g Supply, Denis
Peninsular Supply Co. ~ West Palm Beach
E g H Sales~ Lak~ Park
Smith B!air~ Texarkana~ Tex.
A g B Pipe & Supply, Hialeah
G.S. Steel Corp.: Delray Beach
Mue!ler Co. ~ Decatur, Ill.
Shell Rock
Ed Clanton Trucking
Don Reeves T~ucking
Tires g Batterig.s
Boynton Auto Supply Inc., Boynton Beach
Autopboduets~ Inc.~ Boynton Beach
DonTs Firestone, Boynton Beach
Richard Beiter, Lake Worth
Mr. Michael moved that the entire bids aforeread be turned over to Tabu-
lating Committees for ~urther Decommendation and study and return to
Council. Motion seconded by Mrs. Jackson and motion carried 5-0.
Sewer Treatment Plant Expansion
Overland Construction Co.: West Palm Beach
C. F. W. Construction Co., Fayettevi!le, Tenn.
Intercounty Const. Corp.: Ft. Lauderdale
Wakeman Const. Co., Palm Beach
Widell Assoe.~ Inc.: Ft. Lauderda!e
Tech Corp.~ Lakeland, Fla.
Lee Const. Co., Sanford
Darqell Const. Co., Ft. Lauderdale
Peterson Const. Co.: Lakeland, Flao
Mech g Equipment Co., Brandon, Fla.
Mr. Michael moved that bids be turned over to Tabulating Committee and
return ~ecommendation to council. Motion seconded by ~rs. Jackson and
motion carried 5-0.
AWARDING
~rains~ Trailer.s g Contain. ers
Mr. Michael moved that the recommendation of the tabulating committee to
award bid tO Rowland Truck Equipment Co. in amount of $128,050.55 be
accepted. Motion seconded by Mr o Wallace and motion carried:
Mr. Summers voted No. Mr o Nylund abstained.
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M%NHTES
REGHLAR CITY COUNCIL MEETING
FEBRUARY 16~ 1970
Awarding - continued
Four (4) 3/..4 Ton Pickup Trucks
Mr. Wallace moved that bid be awarded to Benz Chevrolet in amount
$9,099. Motion seconded by Mrs. Jack, on and motion carried 5-0.
One (1) Vacuum Sweeper
Mr. Michael moved and Mr. Wallace seconded to accept recommendation of
Tabulating Committee to buy s~eper fromDeBra T~uck & Equipment Co.
i~ amount of $1,795.00. Motion carried 5-0.
Resurfacin~ Tennis Courts
Mrs. Jackson moved to accept recommendation of Tabulating Committee and
award bid to Budge Tennis Corp., Miami. Motion seconded b~ Mr. Wallace
and motion carried 5-0.
PUBLIC HEARING
Consider annexation & zoning classification - Oliver Land Co. parcel.
Mr. Ed Duffy~ Jr. and Mr. Fronrath, Rea!tors~ represented Mr. Father
of Pompano Beaeh and they later introduced Mr. Wooley, another repre-
sentative of Mr. Parbem~ who explained the development of shopping center
is a little bit in the future but so far as development of additional
land he said he had already started by meeting with AetJ_ng City Ma~age~
and Building Inspector.
No one opposed this request.
t~. Moore read Ordinance 70-4 requesting annexation.
Mr. Michael moved that Ordinance 70-4 be passed on first reading; sec-
onded by Mr. Wallace and motion carried 5-0.
Consider requests for chan~e in zoning:
Parcel No. ! - E ~ o~ Gov. Lot 12, Less S t75~- Ac. Sec. 3~-45-43
Address: COm. of S.W. 3rd St. & 2$rd Ave.
Request: R-1AA to R-3A
Applicant: Hiqh Point Builders, Inc. (Stanley Tare)
~s. Fry, S.W. 25th Ave. made inquiry of Mr. Tare if they would spare
the trees. He ~eplied by stating that he had developed Royal Oak Hills
in Boca Raton and is thoroughly sympathetic withher idea. She replied
no objection - there were no objections or objectors.
City Attorney then read proposed Ordinance 70-5.
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MI~UdTES
REGULAR CITY COUNCIL MEETING
FEBRUARY t6~ 1970
Mr. Nylund moved that Ordinance 70-5 be passed on first reading. Motion
seconded by ~. Michael and motion carried 5-0,
Parcel 2
Acreage Parcel Sec. 22-45-43
Address: 1114 N. Fed. Hwy
Request: R-5 to C-1
Applicant: ~,~rs. Gv~ndolyn Maloney
Mr. Michael moved that this request be referred to Board of Adjustment
seconded by Mr. Nylund and motion carried 5-0.
Parcel No. 3 - Acreage Parcel - Sec, 29-45-43
Address: S.E. Cot. o£ Congress Ave. & S.R. 804
Request: To allow conditional use for Service Station
Applicant: Sun Oil Co.
Sun Oil Company represented by Floyd Worthen requested conditional use
for service station at Corn. of Congress & S.R. 804 (S.E, corneT)
There were no objections or objectors from audience.
Mr- Michael moved the request be denied; motion seconded byMr. Wallace
and motion carried 5-2. Mr. Nylund and Mr, Summers voted No.
Parcel No. ~ - Lots 55 thru 61~ Lakeside Gardens
Address: 2624 N. Fed. Hwy
Request: To allow conditional use ~or Trailer Sales.
Applicant: Amos Hudson
There were no objections or objectors present.
Mr. Michael moved the granting of request. Motion seconded by Mr.
Wallace and motion carried 5-0.
Parcel No. 5 - Acreage parcel - N-E. Cot. of U.S,~t g S,E. 15th Ave.
Address: 1520 S. Ped. Hwy
Request: To allow conditional use for Service Station
Applicant: Shell Oil Co.
A representative of Shell Oil Co. requested conditional use for service
station at 1520 S, Fed. Hwy. There were no objections or objectors
present.
Mr. Wallace moved that the request be denied. Motion seconded by Mrs.
Jackson and motion carried 3-2, Mr, Ny!und and ~r. Summers voted No.
Mayor Summers stated that since 1-95 is coming through he felt a good
service station would be an asset.
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MINUTES
CITY CXTdNCIL P~ETING
FEBRUARY 16, 1970
Parcel No. 6 - Acreage parcel - N.W. Cot. of Congress g S.R. 804
Address: 301 N. Congress Ave.
Request: To allow conditional use for Service Station
Applicant: Standard Oil Co.
Mr. Floyd Worthen reappeared representing Standard 0il for a conditional
use for service station at N.W. corner of Congress and St. Rd. 804.
~. Sarno advised that drswings were on file with Building Dept.
John Adams, Attorney, stated L.W. Drainage had no objection to this
request for var/ante.
Mr. Wallace moved the request be granted; seconded by Mrs. Jackson and
motion carried 5-0.
City Attorney read Ordinance 70-6 granting conditional use on Parcel 4
and parcel 6. Motion made by I'4~. Michael to pass O~d. 70-6 on ist
reading. Motion seconded by ~;ms. Jackson and ca~ied 5-0.
Mr. Alfred .Shepard~ Fiscal Agent stated Moodyts rating is just a faint
notch better than Standard & Poor in regard To sewer t~eatment expan-
sion. Moody rated City of Boynton Beach B-AA and Standard & Poor rated
BBB. He presented his proposal in three points.
i. Analyze water and sewer finances to see if %~ter and sever
bonds are in a position of being rated on satisfactory basis
for market.
2. His ~irm would make offer to purchase bends.
3. tf City buys administrative pmovisions, he stated, we will
get to the point of what the borrowing cost to City would be
on bonds. This is $800~000 series maturing in 11 years.
He would like to name the bank or banks at which These bonds
will be payable.
He agreed to deliver $t6,000 cashier's check to cover damages if they
fail to perform. After discussion it was agreed that the city has till
5 P.M.: Tuesday~ Feb. 17th to decide on this offer: of $784~880.
1970 - 1975 6.50% 1979 6.40%
1976 6.5 1980 6.50%
1977 6 · 5 1981 6.50
1978 6.50%
and on this basis, City would pay $15~000 fee for 6.46 effective inter-
est rate.
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MINUTES
REGULAR CITY COUNCIL ~ETING
FEBRUARY 16: 1970
LEGAL
ORD]H~ANCES - !st Reading_
No. 70- - Sign OrdLn, ance (On the table)
Left on the table
Consider Emergency Ordinance re. P. erformance Bonds
Mr. ~fichael moved that (Y£dinanoe 70-3 be passed as an Emergency Ordin-~
ance. Motion seconded by Mrs. Jackson and motion carried 5-0.
RESOLUTIONS
City Attorney read proposed Resolution No. 70-C with reference to
paving N.E. 7th Avenue at N.E. 7th Street.
Mr. Michael moved that Resolution No. 70-C be passed; seconded by
Mr, Wallace and motion carried 5-0.
OTHER
~ss County Control (On the table)
Left on the table.
Discuss Membership in Pal~,~ Reach CounT/ ~knnici~al Lea,que.
~,~s. Jackson said she had attended a meeting which she enjoyed very
much. }~s. Jackson moved to table this item; seconded by Mr. Wallace
and motion carried 5-0.
OLD BUSI~E,S~,
Consider request of ~,~s. George Eckert ~or Extension
of sewer se~viee,(On the table~ .,,
Mr. Miehael moved that this item be removed from table ~or discussion;
seconded by Mr. Wallace and motion carried 5-0.
~iu. Michael made a motion that the Eckert request be denied; seconded
by ~rs. Jacl~on and motion carried 5-0.
Consider request for change in zoning -
Vanqu~rd Development Corp. (,On the table)
Mr. Michael moved that this request be removed ~rom the tab!e~ sec-
onded by ~. Wallace and motion carried 5-0.
There %~re objections from the floor as ~ollows:
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MINUTES
REGUI~R CITY COUNCIL P~ETING
FEBRUARY 16, 1970
Victoria Castello, 145-147 N.E. 4th Ave. - mead a letter %,~itten to FHA
indicating a man %~uld have come up' from Miami but Mr. White had not
been in contact with him. FHA man said ha ~ould need just one day
notice. She had petition with several names on file.
Ceci% Jones, 604 N.E. 2nd St. - he objected because of the density.
He complained about apartments at N.E. 6th c~eating a traffic problem,
and that streets are not adequate now. Sewers are not adequate and
feels this would downgnpade the area.
Ezell Hester~ 1106 N.W. 1st stated he wondered~about the objections.
He wondered if the objections are real or are ~they fake because they
think there might be negroes. He said Rev. Lee tried to get the p~o-
perry too.
John Pender - I live 80' from that place on 6th Ave. He said?'~nyone
moving in this place would be blasted out by the noise on 6th from the
apartments.
Eddie Mitchell - Every time he is at council he hears that %~ are not
ready ~or this or for that. He said it was about time they get ready.
L. B. ~nite: 730 Shore Drive - Any mess we have in Boynton is due and
related to white responsibility. Any. density p~oblem in Boynton is. a
matter o~ overpopulation to the extent of at least three people.
Mr. Michael moved the request for change of zoning by Vanguard be denied.
He said this man doesn't ov~ this property they have a contract with a
realtor to get it zoned and the people are opposed to it in the area.
Mrs. Jackson seconded the motion and motion carried 4-1. ~ip. Nylund
voted No.
Discqs_s Bus ,Franchise
Mr. Tomberg said he was waiting for council to approve the schedule.
Buses will start at Kwik Chek, North O0 Village Royale, Four SeaSuns,
West to Seac~est, South to Hospital and High Point, Post Office and to
23rd at Lui~i's; it picks up Hampshire Gardens, Sunshine Shopping Center:
Sterling Village and back to Kwik Chek; then reverse the route. He
said Leisureville is now omitted because they will have their own bus.
He said he was negotiating with Lions Club to buy their benches for bus
stops. No ads to be on benches. He anticipates buses to run 7 - 7.
It was felt the Chigf of Police should tell council if the area is safe
to discharge passengers as outlined by Mr. Tomberg.
Mr. Michael moved the action on bus franchise be tabled until additional
infoztnation is available. Motion seconded k~7 ~.~ir. Wallane and motion
carried 5-0.
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M~dTES
REGULAR CITY COUNCIL I~ETING
FEBRUARY 16: 1970
Consider requests of Caldos .Properties, Inc.-
re Letters l~ceived and transcript. .
[~. Wallace moved that Caldos be permitted to purchase a copy of the
transcript of the hearing which council held with residents of Leisure-
ville and also copy of letters and that a bill be enclosed with the
requested items, l~otion seconded by ~h~. Michael and motion carried 5-0.
~Ew BUSINES.S,
Consider fencin~ .Pence Park -
,qr. Michael moved that the item of fencing Pence Park be removed from
agenda. [~otion seconded by Mr. Nylund and motion carried 5-0. Bids to
be returned to ~.M. Jones.
ADMI~ISTP~TIVE
Receipt o~ Plat 4-A - Leisureville
[,~. Rossi stated the association owns the lake. Mr. Moore advised the
ordinance reads that in ~he event of any proposed development with any
private waterways that there would be a reservation of obliqation ~o
maintain it on the part o~ the developer or his assigns. The develope~
is placing this obligation on Leisureville community~ Inc. which will
be o%.~aed and maintained by people of Leisureville.
~ir. Wallace moved that Mr. Rossi get together with City Attorney and
iron ou~ wllatever problems are here at some later date. Motion sec-
onded by Mrs o Jackson and motion ca,tied 5-0.
Conside~ feasibility study for water g sewer -
Reserve Area
Requests from Royal Mano~ Mobile Park and Southern Pines necessitate
something being done on this item.
~. Michael requested ~.lu. Hopkins to approach Russell g Axon about
making a proposal to study the Pesemve area. Motion seconded by l,~s.
JacP~on and motion carried 5-0.
Consid,er request for Broc!amation
Mayor of Lake Worth suggested P~oclamation pertaining to busing of
school children.
Mr. Michael moved that the Mayo~ be authorized to issue a similar
Proclamation. S~conded by ~s. Jackson and motion carried 5-0.
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REGULAR CITY CO~CIL MEETING
EEBRLLARY 16 ~ 1970
%pprovat of Bills
Russell g Axon
Benz Chevrolet
Brod~way, ~.~n g Anderson
Executone
$1~577.39
11,559.00
1,117.29
997.85
h~. Michael moved that all b~3l~ be paid as presented. Plotion seconded
by ~rs. Jackson and motion ca~ried 5-0.
OTHER
Mr. Wallace moved that council meet with Building Department as soon as
possible and suggested after the 3:50P~eet~ng with the Fiscai Agent,
Tuesday~ Feb~uamy !Tth. It %~s agreed to con~aet the Project Engineer
at Leisurevitle, b~. Manning and hold this meeting.
ADJOUPd~NT
Meeting adjourr~ at 11:30 P.~5.
ATTEST:
CITY OF BOYNTON BEACH, PLORIDA
/~May
or
Forrest L. Wallace~ Vice Mayor
Councilwoman
tel ~ Councilman
~eoh~r~ ' E · Nylund, C u~
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