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Minutes 09-05-66PJ~NUTES OF REGULAR CITY COUNCIL }UF~.TING, HELD IN CITY HALL, BOYNTON BEACH, FLORIDA, SEPTEM-~R 5, 1966, at 7:30 P.M. Walter A. Madsen, Frank 'McCoy, Jr. Vice ~yor J. All,son Banks, Charles N. Boos, Councilman Gilbert Collins, Councilman F. T. Kain, City Manager Gene Moore, City Attorney Tereesa Padgett, City Clerk Mayor Madsen called the meeting to order at 7:30 P.M. The invocation was given by Mr. J. Allison Banks and Mr. Banks also led the flag salu~e~ ~I~JTES Mr. Banks moved that the minutes of August 15, 1966 be approved as presented. Mr. McCoy seconded and it was unanimously carried. ~LD BUSINESS ReGuest for ChanEe in Zon~E - Lotto Parcel (on the table) Mayor ~%dsen noted that Council had received a plat of the Lotto parcel and a letter of intent was presented to Council members stating that construction would be geared to completion of the bridge and S.E. 15th Ave. Mr. Boos stated that he felt architectural drawings should be presented to Council showing what w~t] be built. Mr. Trudeau came forward and left further drawings Mith Council for study. Mr. Kenneth Horton, attorney, came forward and stated that until further action comes before Council, nothing more should be said at this time. He did state that more than oral assurances were needed and that something should be presented in ~riting stating a definite commitment on what this property is to be used for and when. }~L%yor Madsen stated that it is the desire of Council not to deal with this item at this particular time end this matter was left on the table. Consider request for concession stand - Wilson Park Mr. Kain stated that earlier this year the LeRoy Parker Post of the American Legion offered to supply the labor necessary to construct a concession stand at the Wilson Park recreation area. The total cost of materi~ls and labor is $1,~29.~. The total for materials is $709.81. Mr. Kain recommended that the city furnish the materials for this project and that funds are available in the Wilson Park budget. -1- MINUTES REGULAR CITY COUNCIL ~ETI~G September 5, 1966 Mr. McCoy moved to furnish the $709.81 for mater~ls to construct this concession stand at the Wilson Park recreation area. Mr~ Boos seconded. Mr. Boos noted t?~t no paint was iuc!uded iu the estimate for the stand. Motion was unanimously carried. Further consideration of request of the Jaycees for a water line to serve the Jaycee P_aFk. . Mr. Fain stated that the Jaycees have requested the exbension of a water line to the Jaycee Park on South Federal Hig~ in order to continue development of the area. The total cost for the water line is $1,606.68. Mr. Kamn recommended that this water line be installed mud that f~nds for the work are available in the water distribution budget, ACtivity 6130, Account 580. Mr. Boos so mo~ed for the city m~ager's recommendation. N~r. Banks seconded. Motion was unanimously carried. Mr. Joe Cook came forward arid showed Council plans for this park area. Mayor Madsen introduced Mrs. Richardson, wife of city's new Public ~orks Director. Also Mr. James Mahoney, past mayor, was recognized. P~ater Line Extension to the I.T.V.-Vocations$_ Training Center Site Mr. Kaiu stated that the School Board earlier this year asked that the City of Boynton Beach consider the extension of a water line to serve facility. The cos~ for extending a 6" line is approximately $I1,317.39. The School Board indicated they w~11 supply $8,000 and the balance of $3,317.39 would be paid by the city. F~r. Kain reco~nended that the City offer to share this cost up to the amount of $3,317~39 and the School Board be made an offer on this basis. Funds are available in Activity 6130, Account 580~ Mr. Boos moved to instruct the City Manager to tell the School Board that the City w~.11 participate up to the amount of $3,317.39 to extend a 6" water line to this site. Mr. Banks seconded and it was Unanimously carried. ProDosed Fire Contract with the Town of Ocean Ridge Mr. Kain stated in view of the tone of the letter received from the Town of Ocean Ridge, he would recow~nd that Council authorize the manager and/or members of the Council to meet with officials of the Town to see if this question can be resolved. He stated all items in the proposal were re- jected and that no counter-proposals were offered. Mr. Banks moved to have the N~yor, Vice Manor, City Manager and City Attorney meet with representatives of Council of Ocean Ridge sometime MINUTES REGULAR CITY COUNCIL ~ET~G SEPTEF~ER 5, 1966 before September 19, 1966 and tell them personally that this is the best offer we can come up v~th and that Council thinks it is a fair one. If no agreement is reached, Mr. Banks suggested that a termination date of October l~ 1966 be set to discontinue this service. It was also noted that they are in ~Tears for payment of $1,000 per month ~or five months, which will have to be paid as part of the agreement. Mr. Boos seconded the motion and it was unanimously carried. PUBLIC AL9 IENCE Mr. Gerald Cooke, painting contractor, came forward .and requested that some kind of follow-up be made to veril~y the affidavits made by general con- tractors that certain persons are working for them. ~r. Kain stated that he would look into the matter further and try to find a solution. Mr. Kain asked ~. Cook who he thought the biggest violators of the occupational license code were and he answered that it was the builders. Mr. ~L%dsen stated that he had been notified that former police chief~ Mr. Ed Swank, died August 27th ~nd a~ked R~. Kain to send a letter of condolence to Mrs. Swank. Rgso!ution No. 66-5~ - Lo~t Clearin~ ~r. Moore stated that this v~rk is to be performed on a contract basis and the ccsts assessed to the appropriate properties. The list is made up cf properties ~fnich have been cited as nuisances based on complaints received from citizens and various city departments. Mr. Moore read Resolution No. 66-k~. N~r. Banks moved for adoption of Resolution 66-~. ~Lr. Boos seconded. ~. Boos noted that the city is mowing lots where it can and these are lots that, because of heavy over- growth or the fact that they are improved properties, cannot be included in the lot mowing program. Mr. Emil Freund, Lee ~L%nor Isles, came forward and stated that he felt the Lil General store near his home should be told to clean up the mess a- round their business. M~r. ~L~dsen stated that this w~l~ be followed up. Motion was unanimously carried. Resolution No. 66-00 - Establishir~ a Workin~__Caoit_al Fund Mr. Moore stated that the establishment of ti~is ~account was authorized by Council at the last meeting. This resolution wdll formally establish the MINUTES REGUI~ C~Y COUNC~. ~ETING SEPTEMBER 5, 1966 fund and the bank account in order that monies may be set aside for re- placement of certain capital items. Monies for the deposit may be allocated from unappropriated surplus from prior years. Mr. Moore read Resolution 66-00. Mr. Boos moved for adoption of Resolution 66-00 and F~. Banks seconded. Motion w~s unanimously- carried. Resolution No. 66-PP -~Establishin~ a Cigarette Tax Fund Bank Acco?~t Mr. Moore explair~d that the establishment of a Cigarette Tax Fund was also approved by motion at the previous meeting. This account will provide for the deposit of monies which w~lt b~ forthcoming from a pledge of the cigarette tax revenues to meet the needs of a lo~n which will provide the city's s?~re of pipe oversizing in North Second Avenue in conjunction with the Stat~ Road Department's reconstruction project. Sir. Moore read Resolution 66-PP. Mr. McCoy moved for adoption of Resolution 66-PP and Mr. Banks seconded. Motion was unanimously carried. Resolution No. 66-QQ - Renewal of Utility Agreen~nt with State Road Depart- _ment._.r2 ~Second Ave_.~ue Construction Me. Moore stated that the State Road Department has asked for reaffirmation of the utility relocation agreement which was adopted by Council January 22, 1965 - Resolution 65-H. Mr. Moore read Resolution No. 66-QQ. M_r. Bs~ks moved for adoption of Resolution 66-QQ. ~o McCoy seconded and it was unanimously carried. Resolution No. 66-RR - Joint Project Agreement re North Second Avenue .Dra~ ge Mr. Moore explained that the joint project agreement for the city's partici- pation in the North Second Avenue drainage inst~llation has been prepared and forwarded to us by the Florida State Road Department.Themr' estwnm.te' for this ~ork is $147,348. The execution of this agreement is required by the State before bids will be received on s joint basis for the work. Mr. Moore read Resolution No. 66-RR. Mr. Boos moved for adoption of Resolution 66-RR. ~4r. Banks seconded and it was unanimously carried. Or ~d_~inance 66-18 - Pro~hibitin~ Tr~es_~D_oa~.sin~ on Pri~ ~{r. Moore stated that this was requested by the Police Department which would make it a specific offense to trespass on private property. ~. Moore read Ordinance 66-18. ~Lr. Banks moved for passage of Ordinance 66-18 from first ~o second reading. Mr. McCoy seconded and it was unani- mously carried. MINUTES REGULAR CITY COUNCIL ~T!~G SEPTembeR 5, 1966 .ADMINISTRATIVE_ Consider request of Republican Executive Committee for use of Council Chambers Seo_tember 29, 1966 TLr. McCoy moved to allow the Republican Executive Committee the use of Council Chambers September 29, 1966 from 7:30 P.M. to ll P.M. Mr. Collins seconded and it w~s unanimously carried. Consider Recre~sentat~ion at th~ "Congress of Cit.ies"~ December 2-7, 1966 ~. McCoy moved to authorize the expenditure for ~L~yor Madsen to go to the Congress of Cities. Mr. Collins seconded. ~fr. Kaita stated tb~t there is money available to provide for this trip. Mr. Banks stated that it is the usual procedure that the ~ayor be given the first privilege to go and then another member of Council may also go if funds are available. Mr. M~Coy stated that this ~s his intent. Motion carried by a A-1 vote, Fir. Boos voting against the motion. Application for Permit to Solicit - Muscular Dystrophy, October and November, 1__966 ~ir. Banks made a motion that this request be granted and the fee be v~ived. ~-ir. Boos seconded. Mr. Boos suggested that these people apply to become a part of the United Fund in the future. Motion was unanimously carried. C__o.nsider req~_est of Chie__f Tho__~son to attend %raininE cou~rse 2~. Kain stated that Chief Thompson has requested permission to attend a police administration training course at the Indiana University Center for Police Training from October 16 through 27, 1966. The estimated total cost of the program is $690. Monies for this course are available in the Police budget, Activity 3100-438. i4~. Bar,ks moved t~t the request be granted. ~. Boos seconded and it was unanimously carried. Reque_st by Har~ri~e__s~ Zuc. to extend e~.t for Mr. Kain stated that Hardrives, Inc. has requested permission to remove lO0,000 cu. yds. of fill material from property ovid by Mr. N. R. Field and that Council had earlier authorized the permit in the original amount of lO0,O00 cu. yds. M~r. Kain read the following letter from Hardrives, Inc. dated Septem~ber 2, 1966: -5- .MINUTES REGULAR CITY COUNCIL ?~ETI~ SEPTEmbER 5, 1966 "This letter will ser~e as formal request for a pern~t to remove an additional lO0,O00 cubic yards of fill material from property owned by ~. N. R. Field. As requested by your office I am adding the following stipulations. !. All material will be removed from above elevation 20.0'. 2. All material w~l] be obtained from an area south of North- west 17th and west of the S.A.L. R~.~]road tracks. Periodic reports showing finish grotuud elevations in the digging area w~]] be submitted to your office. If for amy reasonthe fmnlsh' elevation it will be filled by Hardrives with material fur- nished by the property As stated in~ a previous letter t~s material w~ll be used within the city 1Lmits, the bulk of which will complete Sterling ¥i~lage and the Southeast 15th Avenue bridge. Trust you will find this information satisfactory and we may be favored with the permit to move this additional material. Thank you." This letter w~s signed by ~ir. Jack Nutbrown, Vice President. ~ir. Kain said a field inspection on August 24, 1966 showed that the exca- vation which was formerly approved had been proceeding in accordance with the requirements set by the city and he recommended favorable consideration. ~r. Boos so moved to follow the city manager's recommendation. ~. Banks seconded, l~r. Moore asked if this will aggravate the Joa situation. Mr. Kain answered that he did not think so, that they put a road in there which is temporary and will be rebuilt on completion of the excavation. The city manager stated it would be necessary to furnish satisfactory perfor- mance bond prior to issuance of permit. Motion was unanimously carried. Use of I~ilson P~ecre~ation Center - Re~u. ested ~__M~s. Co~ston ~. Kain said Mrs. Sally Coston has requested use of the Wilson facility from 8:30 A.M. to 12:15 P.M. Monday through Saturday during the school year to operate the Child Care Center. Mr. Banks moved that this request be granted~ ¥~. Boos seconded and it was unanimously carried. MIh~0TES REGU~ CITY COUNCIL ~TING SEPTEmbER 5, 1966 Mayor Madsen asked who vMS1 clean up at the Wilson Center and Mr. Kain stated that these people have doJe a good job of cleaning up in the past and feels they w-lll do so again. Aporov_al of Bills Intercouut~ Constr~ction~ Co .oration - $15,097.33 Mr. Kain explained that this b.~ll has been received from Intercounty Con- struction Corporation covering the work on repair of the Rolling Gree~ Ridge se~r system. The work period is from July 12 to August 12, 1966. ~. Kain stated that this portion of the work has been completed in accordance with the specifications and recon~nds payment~ Funds for the work v~re authorized earlier by resolution from reserves. Mr. Boos moved that the bill be paid. ~. Banks seconded and it was unani- mously carried. W___~o. T~c. - Demolition and Clearing of Buildings -~$500 Mr. Kain stated that this work was performed in accordance with the speci- fications and a bill in the total amount of $500 has been presented. This is an item chargeable to the special assessment fund. ~. Banks moved that the b~]] be paid. M~. Boos seconded and it was unani- mously carried. Russell & Axon - Resident Inspection Sanitary Sewer Repair ~$ork, Rolling Green Ridge S/D -_~00 Mr. Kain explained that~this is for resident inspection for the month of July, 1966 in the amouno of $300 and funds have been provided in a transfer from reserves authorized earlier by Council. ~lr. Boos moved that the bill be paid. ¥~. McCoy seconded and it was ~nanimously carried. Dr. ~Willism Howard__- Pension Plan Stud~¥ - Feasib~ty Re_port - $515 Mm. Rain explained that this bill represents one-half of a $1,030 fee based on 102 eligible employes. Monies are available in the following accounts 5700~85 and 6700-~85. Mr° McCoy moved that the b~]l be paid. 1~. Banks seconded and it was unanimously carried. -7- ~NUTES REGULAR CITY COUNCIL ~ETY~G SEPTembER 5, 1966 OTHER Mr. E~iu had an application from Charles Andrews, 126 N.E~ lOth Ave., who operates a fish market and grocery store, for a take-out license to sell beer s~d ~Lue. This w~s held over until the next meeting to get further iuformation. ~r. Madsen stated that after lengthy meetings, the budget is now completed. Meeting adjourned. Attest: ereesa PadgebyCity Clerk