Minutes 11-07-66N-~tf0TES OF REG~J~AR. 27~G OF CITY C~JNCiL, HELD IN CITY HALL~ .BOYNTON
BEACH, FLORIDA, NOV~n~E~ 7, 1966 at 7:30 P.M.
Walter A. ~L~dsen, Mayor
Frank McCoy, Jr., Vice Mayor
J. Allison Banks, Councilman
Charles N. Boos, Counc~l~u
Gilbert Collins, Councilman
F~ T. Kain, City Manager
G~ne Moore, City Attorney
Tereesa Padgett, City Clerk
~{ayor ~L~dsen catled the meeting to order at 7:30 P.M.
The invocation was given by Rev. Douglas S~ith, First Presbyterian Church,
and the flag salute was led by Mr. McCoy.
Recognition was given members of the Parks and Recreation Board that were
in the audience.
MLk~JTES
Mr. Boos moved for the acceptance of the ntinutes of the regular meeting
of October 17, 1966. ~Lr. McCoy seconded and it was unanimously carried.
Mr. Boos moved for the acceptance of the minutes of the meeting of October
25, 1966. Mr. Collins seconded and it was unanimously carried.
Mr. Banks moved to accept the minutes of the meeting of November 1, 1966.
Mr. McCoy seconded and it was unanimously c~rried.
OLD BUSINESS
ReGuest for change in zonin~ - Lotto parcel (on the table)
Mr. Kainexplained that he had been informed byMrs. Barrett who represents
the petitioners in this matter that they do not intend to pursue this
matter any further. He recomm~nded that this item be cleared from the
table for final disposition.
¥~. Banks moved that it be removed from the table. Mr. Boos seconded and
it was unanimousiy carried.
Mr. McCoy m~ed that this request be denied. Mr. Boos seconded and it ~as
unan'~usly ca~ried. - ' ' ~
Consider request of Jr. Womau's Club to name an official City Flower and
Tree
Mrs. Dewey Sanders and ¥~s. Barkley c~.me forward and stated they are urging
the city to adopt a city flower and city tree, and are recommending the
periwinkle as the flower and the adonidia (Christmas plam) for the tree.
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MINUTES
REGULAR CITY COUNCiL ~TING
November 7, 1966
Mr. Boos moved that the periwinkle be named the official city flower and
the adonidia (Christmas palm) as the official city %tee for Boynton Beach.
Mr. Banks seconded. Mr. Boos suggested that the ~n's Club ~rovide
some background on the flower and tree. Motion was unanimously carried.
Proposed Ordinance No. 66-14 - re Conditional Use of Lots 27, 28 and 29,
Dewey's S/D for Marina
~. Kain e~plained that this m~tter has been on the table since May pending
receipt of an executed deed from the owners of the properties in question
in order that adequate right-of-way may be obtained for construction of a
perimeter road. Since it appears that the city's request is not going to
be granted, ~. Kain recommended final disposition of this matter.
Mr. Banks moved that it be removed from the table. Mr. Boos seconded and
it was unanimously carried.
Mr. Banks moved to deny the request. ~Lr. McCoy seconded and it was unani-
mously carried.
BIDS 7:45 P.M_ .
Openi~
Four two-wayradios
Mr. Kain stated that specifications had been mailed to four firm~ but only
one bid had been received.
lit. Banks moved to open the bid. M~r. Boos seconded and it was unanimously
carried.
The bid was from Motorola, Inc. for $1,836, deliverywithin ~0 to g5
calendar days.
Mr. Boos moved that the bid be turned over to a committee for tabulation
and proper recommendation. ~. Banks seconded.
Mr. Kain stated that ordinarily he, the purchasing agent and the depart~
ment head concerned meet on this, but he would like to have Mr. Whitt
McDowell meet with them also.
Motion was unanimously carried.
Three oolice cars
Specifications had been mailed to 13 firms and 7 bids have been received.
Specifications had been mailed to 7 firms on the pick-up truck.
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~HI~JTES
REGULAR CITY COUNCIL NEETIE~
November 7, 1966
Earl ~allace Ford - bid on both items
3 cars $6965.28 with no trade and $6215.28 with trade - delivery withiu
60 days.
Pick-up truck - $1640.6t - delivery within 60 days. Bid bond in the
amonnt of $392.79 was included.
F__torida Chrysler Plymouth~ Inc. of West Palm~. Beach
3 cars $7233.75 with no trade and $6818.25 with trade - delivery within
45 to 66 calend~r days~ No bid bond included.
It was noted that the specifications asked for 5% of bid amount in form
of cashier, s check to be included with bid.
_Ha.user Motor Co..4 Delray Beach
cars - $6708.45 with no trade and $5958.45 with trade. Delivery within
66 calendar days. Cashier's check in the emount of $297.92 included.
Ad,ms Chevrolet Co. ~ Delray Beach - bid on both items
3 cars - $6859~08 with no trade and $5959.08 with trade. Delivery within
45 calend~r days.
Pick-up truck - $1586. Delivery ~thin 35 days. Company check in the
amount of $297.95 ~ucluded.
Benz Chevrolet, L~ke Worth
3 police cars - $6649.83 with no trade - $5799.83 with trade. Delivery
within 45 days. This is the Biscayne &-door. Cashier's check in the
am~ount of $289.99 included.
D~ahlEard Ram~ler~ ~Lake Worth
3 police cars - $6965.91 with no trade - $5915.91 with trade~ Delivery
within 45 days. Cashier's check in the amount of $350 included.
Jer~ry Earl Pontiac_
3 police care - $8047.80 with no trade - $7147.~O with trade. Delivery
within ~O days. This is the Catalina. Company check in the amount of
$402.39 included.
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MINUTES
REGULAR CITY COUNCIL N~ETtNG
November 7, 1966
One hsl~-ton pick-uptruck
Benz Chevrolet. Lake Worth
Pick-up truck - $1566.25 - delivery within 30 days. Bond was not asked
on trucks.
Mr. Banks moved that the bids be accepted and turned over to a cor~m~ttee
for tabulation. This committee,S1 include Mr. Kain, Nr. Allan and
department heads where vehicles ~11 be used.
~. Kain recommended that the police chief, Ne. Richardson and~ir.
Moseley be included. The same applies in the case of the pick-up truck.
Mr. Boos seconded and it was ,,~uimously carried.
PUBLt~C ~Ik~ 8:00 P.M.
.R_e~. uest for Change in ZoninE
Parcel l:
Lots l, 16 thru 22 incl., Westchester Heights
S/D, as recorded iu Plat Book 24, Page 2lO,
Palm Beach County Records
Request: R-1AA to R-2A
Location: 2A01 to 2431 South Seacrest Blvd.
Owner: Westchester Heights, Inc.
Parcel 2:
Lots 44 and &5~ Westchester Heights S/D, as
recorded in Plat Book 24, Page 210, Pa]~ Beach
County Records.
Request: R-IA to R-2A
Location: 2399 S.W. 1st Street and
2393 So. Seacrest Blvd.
O~er: ~estchester Heights~ Inc.
Mr. Moore stated that the Planning & Zoning Board recommended unfavorably
on this request. He stated that this public hearing is held pursuant
to advertised public notice. There was no one in the audience to speak
for or against this change.
~Lr. Boos moved for the recormuendation of the Planning Board. Mr. Banks
seconded and it was unanimously carried.
PUBLIC AUDIENCE
~v~. George Wilde came forward to address Council a~ud on behalf of the
First Bank of Boynton Beach presented three renderings of proposed seals
and stated they would like the city to adopt one for promotion of the
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MINUTES
REGULAR CITY COLV_~CIL ~ETING
November 7, 1966
50th Anniversary which the city will be celebrating ne_~b year. He
stated it would be appreciated if Council would give this consideration
at a later date.
M~. Albert ~[ehrell came forward and spoke on the proposed C .I.P. He
stated he hosed the citizens would thi~k t~ice before voting on this
proposal on ~ecember 6th. He feels there is toe much taxing by all agen-
cies and it should be stopped.
Mr. Louis Pinto, N.~{. 28th Ave., came forward and asked if the city was
going broke and why every other light on U.S. I was being cut off. Mr.
Kain explained that tkis is being done in anattempt to save approximately
$6600 per year.
Mayor M~dsen stated that the city is far from going broke. He said it
took Judge Morrow less than five mirntes to validate the $160,000 bond
issue requested by the city which money will be used to participate in
the drainage program on 2nd Avenue.
M~s. Herrel came forward and asked about tax bills received on Building
600 in Sterling Village. She said a resolution was adopted i~ 1962 which
stated that property shot~Ld not be taxed that is not completed by January
1st of the year in which it is taxed. She said Building 600 was not
comoleted by January let but all in the building had received tax bills.
~L-.-Allan explained that BuildS_~ 600 was substantially complete as of
January 1st. The final inspection of the Building Department was ~ade
January 12th of which three prior days were holidays. The county has it
listed the same way also.
Mr. Moore noted that there is some power vested in the Building Inspector
as to what is substantial. Mr. Allan stated that the Building Inspector
cannot inspect all properties as of January 1st. Mr. Allan stated that
he went out to check the building on January 2nd and the Building In-
spector went out on January Srd and the buildiugwas absolutely sub-
stantially complete, it was no borderline case.
LEGAL
Ordinanc] 66-2~ - 2nd re~dir~ - CATV
M~. Moore read Ordir~nce 66-24 by caption only and noted that the first
reading was on October 17th.
~. Bauks moved for the passage of Ordinance 66-24 on 2nd reading. Mr.
McCoy seconded and it was unanimously carried.
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MIh~TES
REGULAR CItY COUNCIL
November 7, 1966
En~rEenc_~v Ordinance 66-25 re Garbage and Trash Collection
Mr. Kain explained that this is a request from the police department
relative to trash and garbage cans and this ordinance v~ll place the
responsibility on owners of multi-unit rental properties to see that
adequate containers are provided for the accumulation of garbage and
trash.
Mr. Moore read Emergency Ordinance 66-25 pertaining to garbage and trash
collection mu the City of Boynton Beach.
Mr. Banks moved that Ordinance 66-25 be passed as ~u emergency ordinance.
Yin. Boos seconded. Fr~, Boos asked that along with this ordinance that
the city m~uager and garbage collection staff be asked to make a study
on both the t~pe and kind on containers and place where it should be
located~ He suggested that they ask the people how they feel about it.
Motion was unanLmously carried.
Resolution 66-LL - previously adopted by Council on November 2nd on the
abandor~?n~t of S.E. l_ s_t Ave.
~r. Kain stated that it has come to his attention from one of the
property owners of this property that this matter has very def~oitely
been dropped, although there has been nothing in writing. He said this
is being brought to Council's attention because the abandonment was
contingent upon two thiugs happening, and that the matter should be
cleared up by some appropriate action.
Mr. Moore stated a resolution should be adopted rescinding Resolution
66-LL.
Mr. Boos moved that the Resolution be prepared. ~. McCoy seconded.
Mr. Johnson stated he did not know the deal was off and he felt the
adjoining property owners should be notified and it should be put on
the agenda.
Mr. McCoy stated that this motion is asking tb~t the resolution be
prepared and ~hat'no action is being taken to.nzig_ht.
Motion was unanimously carried.
ADMINISTRATIVE
Remuest for Special__Meetin~ - NovembeF i6~ 1966 at 7:30 P.M.
~ir. Kain stated he would like to recfaest a special meeting November 16~
1966 and invite Mr. Thomas Alcock, Mm. Thomas Reilly of Bache & Co.,
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MINUTES
REGUL&R CITY COL~'~CIL MEETING
November 7, 1966
Me. Gerald Hawkins, of the city's auditing firm, ~ir. Fra~uk Osteen,
Project Ergineer of Russell & Axon~ Mr. Jay Patulson~ III, ~ho represents
Atlantic National Bank as trustees.
~Ir. Banks moved that Mr. Kain invite these parties to be present and ask
for a reply from them. Mr. McCoy seconded.
Mr. Collins asked ~r. Kain if he thought it advisable to get going on the
recommendation made by Russell & Axon on water raves instead of waiting
ten days until after the meeting of November 16th.
Mr. Kaiu stated he would rather wait to ~ve these people together and
ask what w~]l satisfy their requirements and w~hat is causing their con-
Motion was unanimously carried.
Receipt of Resignation of Ezell Hester~ Jr., from the Civil Sera, ice Board
of Appeals _
Mr. Kaiu stated that ~. Hester had resigned from the Civil Service Board
of Appeals because he is rurming for council. Mr. Madsen instructed Mr.
Kain to write Me. Hester a letter accepting his resignationand stating
appreciation for his ser~zices.
Presentation of Candida_ _ ~es for City Council
~. M~dsen noted that there are ten candidates running for the council
seats. ~. Moore noted that he and the city clerk had found that the
candidates appeared to meet the qualifications. It was decided to con-
sider the names collectively. The following names were submitted:
!. Edmtmd G. Herder (Ed Harder)
2. Ezell Hester, Jr.
3. G. Herbert King
John C. Le~is (Farmer Jo.hn Lewis)
5. ~Yalter A. ~dsen
6. James J. ~iahoney
7. ~chael V. Michael
8. Leonard E. Nylund
9. Ra~uuond J. Senkpiel
10. Thomas A. Sun, ers (Thomas A. (Al) Summers)
Mr, Banks moved that the list of names be approved as candidates in the
coming election. ~[r. Collins seconded and it was unanimously carried.
Mr. Moore noted that the names will appear in alphabetical order on the
ballot.
~NUTES
REGULAR CITY
November 7, 1966
A_R~oLutment of Election Board
Mrs. Padgett read the list of names who b~ve requested consideration for
appoiutment to this Board.
1. Mrs. Irene N. Loftus 12. Mrs. Rena Mo Olds
2. Mrs, Lizetta Tergesen 13, M~s. Mildred Hallier
3. ~s. Edythe Hood lA. ~rs~. Louise Lefort
~. ~s. Erna-~eaver 15; ~s~ ~rjorie Kirkpatrick
5. M~s. Frances Brinkmeier 16. ~trs. Dorothy Galsky
6. ~[rs, ~iildred Lofley 17, Mrs. Helen
7. Mrs..Mildred Miller 18. ¥~. Harvey B, Stuart
8. Miss Dorothy Shepard 19. t~s. Catherine Gaffney
9, Mrs. Frances Van Devender 20, ~ Royce Stevic
lC, ~'krs. ~L%ybelle Beckwith 21. Mrs. Myrtle Tauber
ll, ~Lrs. Dorothea Rich 22, Mrs. Helen Kirkeby
~. Banks moved that these be appointed to servs on the F~lection Board,
He noted that 20 persons are required and the list names 22. It was
agreed that it is necessary to have s couple ex~ra for relief when
needed. Mr. McCoy seconded and it was unanimously carried,
Request for Per~t to Solicit
Heart Association ofPalmBeach ~o_u~ty - Mqnt__h,of February, 1967.,
~. Boos moved that the permit be granted and fee v~ived. Mr. Banks
seconded and it was ummmimouslycarried.
~rch of DL~s~ Palm Beach County Cha~ter - ~onth of Jan~~
P~. Banks moved that the request be granted ~ud fee vaived. Mr. Boos
seconded s~ud it was unanimously carried.
Mr. Boos stated he wished some program of service could be submitted
before request is granted so that the people will know what is going
to our city. l~s, Padgett stated they were approached last year and
again this city to jodn the United Fund, [fr. Kain stated an attempt
has been made to get as much information as possible.
Beach Lions Club
The Lions Club has requested permit to sell Christmas trees at their
regular spot, They will start selling tickets on November l~th and sell
thru December 2&th.
Mr. Banks moved that the request be granted and fee waived. Mr. McCoy
seconded and it w%s unanimously carried.
~¥INUTES
REGULAR CITY
November 73 1966
Post No. 543. _8 ~
The V.F.W. Post has requested'a permit to sell poppies on November llth
and 12th at the Boynton Shopping Plaza and Sunrise Square and possibly
at the ~tersection of Ocean Ave. and U.S. 1.
MZr. Boos moved that the request be granted and fee waived. ~. McCoy
seaonded and it w%s tuuanimously carried~ ~. McCoy stated that if they
do sell at Ocean and U.S. l, tl~is should be worked out ~ith the police
department o
~. ~&adsen read three Proclamations. November 6 through 12 is pro-
cla~med National Education Week. November 10th as the 191st Marine Corp
Birthday and November ll and 12 as Buddy Poppy Days.
Reques~ for Beverage License Transfer - Carriage Hous% Inc. to Roy W.
~3ox~.ey
~[rs. Padge%t s~ated that there is a license in existence under the name
of Carriage House d/b/a ElDorado Supper Club and requests transfer to
Roy ~'[. Boxley d/b/a B~xley's Smorgasbord. Mrs. Padgett stated this has
been checked out mud approved b~ all concerned.
~. Boos moved for the transfer of license, l~[r. McCoy seconded and it
~s ananLmously carried.
Presentation of Av~r~ of Merit - Utility System
Mr. Main stated that this av~rd is presented bythe ~erican~fater Works
Association~ Florida Section, to the management and employees of the
City of Boynton Beach in recognition of an outstanding safety record
for the operation of the utility ~ystem (~ter and sewer) for the year
1965. These av~rds are made after a careful revi~¢and audit of the
operational records of all systems operating in this state.
Mr. Johr~uy Johnston received the award plaque from Mayor l~adsen.
~PPROVAL OF BILLS
Carr Soil & Sod J~37.3q
Mr. Kain explained that this covers the third and fourth draw on the
sodding contract. Monies are available in the Cemetery Improvement
Fuud.
I~r. Boos moved that the bill be paid. M~. Banks seconded and it was
unanimously carried.
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M/nNUTES
REGULAR CITY COU~:~tL
Novsmber 7, 1966
Squ%hern ~et_er & Su_~vL C/_~ !nc. $859
~. Kain e_xplained that t~_is is for c~rb stops as per bid specifications.
Monies available in Activity 6130~ Account 580, in the 1966-1967 Budget,
~. McCoy moved that the bill. be paid. Mr. Banks seconded and it was
unanimously carried.
Neptune Meter~ Cgm a~_ $196g.60
M~r. Kain explained that this is fo~ ~0 1" meters and 5 1½~ meters and
these meters would be placed in inventory. Monies available in Activity
6130~, Account 581, in the 1966-1967 Budget.
Mr. Banks moved that the bill be paid. ~ir. McCoy seconded and it was
unanLmously carried.
Mr. Eain stated that there is a chance that in 90 to lO0 days they may
alter the ~ype of materials in the meters. There may be a material
shortage. He said they are investigating to see if the city should
stock these. The cost ~ll be the same, but the new ones do not give
the same ~ar.
Ra_a~y_yAlien Real Estate $500
Mr. Kain stated that this is for professional service rendered for
appraisal of E 25' of Lots 29 and A2 and W 25' of Lot ~8: Dewey's S/D
as authorized by Council at the meetiug of September 26, 1966. Monies
are availabl~ inactivity 5900, Account 520, in the 1966-1967 Budget.
~. McCoy moved that the b~] be paid. ¥~, Banks seconded and it was
unanimously carried.
Allen Insurance A~Dcy $1511 _
Mr. Kain stated that this is for Fire and -Extended Coverage on the con-
tents and monies are available from the fo]lowing funds:
General Fund~ Activity 5600~ Account &67 - $88~.00
Water & Sever Fund, Activity 6600, Accou_ut ~61-1 $~29.00
Water & Sewer Fund, Activity 6600, Account ~61-2 $298.00
Mr. B~nks moved that the bill be paid. ~r. McCoy seconded and it was
unanimously carried.
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MINUTES
REGULAR CITY COUNCIL MEETING
NOVEM.$5~R 7, 1966
.OTHER
Ye. Kain noted a letter from Mr. Drew re The Pub asking reconsideration
of this request. N~. Kaiu read the following paragraph from this letter:
"This is a valuable place of business and due to the facts set forth
above, we renew this application for a license and unless the license
is granted within ten dax~ from the d~te of this letter, I will have
to attempt in some%~y to protect Ne. Esterbrook's rights under the
State Beverage lavzo"
¥~r. Moore recommended that the matter be reconsidered and referred to
the City Manager and Police Chief for further clarification of this
i~ttt~e.r ~ alsoLi~ l?tter from Chief Thompson on alleged violations
ame~et~.p±ace should be reviewed and a report made to Council at next
Mr. Boos moved for the recommendation of the city attorney° Mr. McCoy
seconded and it was unanLmously carried.
Mr. Kain noted that this letter was received at 6:30 P.M. on this date
and that he w~]l have copies made to give to Council.
~Lr. Banks asked about the new bumper to bumper parking on Ocean Ave. Mr.
Kain stated that this will work outS but since this is one of the streets
that %~]] be resurfaced, he suggested waiting to mark this off until
after the street is complete. He also stated that with this type parking,
there may be a gain of one space.
Meeting adjourned.
alter A. MaGsen, bL%yor ~ - ~
Attest:
Tereesa Padget~City Clerk