Minutes 04-04-66Minutes of Regular ~oun~il Meeting, Boynton 'Beach., Florida, held in
City F~11~ A~ril ~ 1966 at 7:30 P.M.
PRESENT:
Walter A. Madsen, ~L~yor
Frank J. McCoy, Vice Mayor
J. Allison Banks, Councilw~n
Charles N~ Boos, Councilman
Gilbert Collins, Councilman
F..T. Kain, City Y~%nager
Tereesa Padgett, City Clerk
Gene Moore, City Attorney
The meeting was called to order by N~%yor F~dsen at 7:30 P.M. The in-
vocation was given by Rev. Robert May, St. John's Methodist Church,
and the Flag Salute was led by Mr. Charles Boos.
Mayor l~dsen introduced guests in the audience, his daughter and
family from Illinois and Nfs. Madsen. Former mayor, James Mahoney,
was introduced and Mr. R, Lansing, principal of Boynton Beach Junior
High School.
¥~. Banks presented the key to the city to Miss BoyntonBeach, Miss
Suzanne Pritchard, and Mr. Madsenpresentedher with a corsage. The
wives of the councilmen, city manager and city attorney were also
presented with corsages.
N~s. Padgett and Mr. Kain made the presentation of certificates to
participants in '~fouth in Government" program. Peter Shanley
presented a book of essays to the council which contaiued the experi-
ences had by students who participated in this program. On behalf of
his fellow students, he expressed sincere gratitude for allowing them
the opportunity to participate in this program.
BIDS ~:OO P.M.
There were no further bids from the audience.
Construction of appro~te~y 600 lineal feet of sidewalk
¥~s. Padgett had received three bids which were opened:
1. Green and Merr~l~, Delray Beach, $1,~50 - work completed in
30 days, enclosed cashier's check in the amount of $72.50.
2o John Churey, Contractor, - $~DO - work completed in 30 days, en-
closed cashier's check for $~0.00
3. William Adeimy - $9&8 - work completed in 10 days, bid bond in
the amount of 5% of bid
Mr. Banks moved to award this bid to Mr. John Churey, low bidder. Mr.
Collins seconded and it was unanimously carried.
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MINUTES
Regular City Council Meeting
April 4~ 1966
Sale of Surplus Proporty
lo County Sanitation, Lantana
1961 Chipper
2. Jo Moseley
$301.00
Ford car lO.O0
International Trash Scow 50.00
Cushman Scooter lO0.O0
Cushman Scooter lOO.O0
G.M.C. Dump 40.00
M.B. Packer 50.00
Rio 200.00
250 gal. Water Tank on Trailer 35.00
180 cu. ft. Air Compressor 25.00
Chipper 150.00
Ford Wrecker 50.00
3. Kinney Tree Service
Two Cushman Scooters
Chipper
Pine Tree Golf Club, Inc.
35.00
275.00
Cushman Motor Scooters
lO0.O0 each
~. Banks moved that bhe bids for surplus property be turned over to
the appropriate committee for tabulation and report back to council.
Nr. McCoy seconded and it was unanimously carried.
.Minutes
Mr. Banks moved that the minutes of regular meeting March 21, 1966,
minutes of special meeting March 22, 1966, and minutes of special
meeting, March 24, 1966 be approved. Mr. McCoy seconded and it was
unanimously carried°
Old Business
Report re opening of S.E. 1st Avenue between U. S. #1 and S. E. 4th
Street by City Manager
Mr. Kain stated that he spoke with ~. Shook, owner of the house which
is built in the r~ght-of-way of S. E. 1st Avenue. Mr. Shook suggeeted
that he wottld be wit ~ Lng to remove the house completely from this
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Regular City Council N~etiug
April ~ 1966
location at a cost equal to the estimate we b~ve had for the moving
and restoration of the building. This estimate ranged between $2,200
and $2,500. Mr. Kain stated that he felt s reasonable figure on this
would be $2,350. Accordingly, in order to expedite this long delayed
project, Mr~ Kain recon~nended the following:
letter of agreement
P~. Shook w~11 be a
for removal of this
to be authorized whereby
signatory to the letter
building
2. the city agrees to allocate the amount of $2,350
for payment to ~Lr. Shook
3. Mr. Shook be instructed to remove at his expense
this building upon application for the proper permits
that after the building has been demolished and the
site inspected by the city, that Mr. Shook be
requeste~ to execute a quit claim deed to the
benefit of the city releasing all rights, title and
any interest he may have to the right-of-way of
S. E. 1st Avenue
upon cc~pletion of all of the foregoing, release
of the amount of $2,350 be made to Mr. Shook.
Mr. McCoy moved that the recommendation of the city manager be accepted.
~Ir. Banks seconded.
Mr. Madsen stated that he did not see why the city should pay this
amount of money to move this house. ~ir. Madsen asked Mr. Carnahan
if there had been a bid to tear down this building for $500.00. Mr.
Carnahan stated that there had been a bid for $500.00 to tear it
down. Mr. Madsen stated that the four property owners on the street
are the only one who w~t] get any benefit from this. Mr. McCoy stated
that he felt this is a city problem. The city allowed the building
to be placed in a city street and feels it is a city responsibility
to remove it, not adjacent property owners.
Mr. Paul Johnson came forward and stated that he does not want to pay
for moving the house. He also stated that the city does not need the
road, but he is willing to pay his share for the road. Mr. Johnson
asked M&r. Boos if he owned any property or had any interest in any
property through any corpora%ion, on ~his. ~tre~t. ~fr. Boos answered
that he does not have any interest in any property on this street.
MINUTES
Regular City Council Meeting
April 4, 1966
F~. Banks stated he favored removal of the house and the street open-
lng because the platted street has not been abandoned and that the
property owners are entitled to it. He stated he felt it isthe city's
responsibility to remove the house, and that the city w~] recover more
than the costs in new taxes when the street is %hrough.
The vote was 3 in favor of motion, Mr. MadSen voted against it, and
Mr. Boos abstained.
,Extension of SeWer T.4~s r La~ns..S/D
~r. McCoy moved that this be removed from the table.
and it Was unanimously carried.
Mr. Banks seconded
Mr. Banks moved that Mr. Kain be instructed to contiuue with his in-
vestigation in trying to find contractors presently engaged in sewer
construction or to include this item in the next bidding of sewer
expansion. Mr. Collins seconded and it was unanimously carried.
New Business
Mr. Charles. F. Alden - res~tion from Industrial Commission
Mr. Madsen stated that a letter of c~mnendation should be sent Mr.
Alden and to accept his resignation withregret.
Public Audience
No one in the audience spoke at this time.
~t..Mark's Catholic Church re opep~M N. E. 7th Street
Mr. Kain stated ~hat he w~ll supply council with a ~,mm~ry on t~his con-
ditton. Mr. Boos suggested that the city attorney be instructed to
proceed v~th obtaining right-of-ways on the south end of the project.
~$olution 66-Q resc~Mi~E Resoluti~n66-E
Mr. Moore read Resolution 66-Q which is a formal demand to the School
Board to release to the citya tendered deed for the tract which the
city understood was to be used as a site for the construction of a
vocational school facility.
Mr. McCoy moved that Resolution 66-Q be adopted. ¥~. Banks seconded.
MINUTES
Regular City Council Meeting
April ~, 1966
Mr. Moore explained that by adopting this ResolutiOn that it does not
by any means close the door to negotiate with the School Board. If
they want to build the school at any time, the city is willing to
work with them. It does keep the city from tying up its funds, and
Mr. Moore stated that the city cannot legally withhold these funds.
Mr. McCoy stated that the last paragraph of the Resolution clearly
states that the city still leaves the door open for ~egotiation.
Motion was unanimously carried.
Ordinance 66-5 - 2nd Reading - Rezoning Borough tract from R-1 to
~-3A (on the table)
~Lr. McCoy * ~ved that this item be removed from the table. Mr. Banks
seconded and it was u~animously carried.
~Lr. Moore stated that this matter is a zoning matter and that there
has been a proposed settlement. He stated that upon payment to the
city of $1,270.96, actual out-of-Docket money for installing water
lines, this would release Mr. Borough from all claims as a result
of this matter~ Mr. Moore recommended acceptance of this offer.
~,~r. Moore read Ordinance 66-5 by caption only. Mr. Banks moved that
Ordinance 66-5 be passed on second and final reachtug. Mr. McCoy
seconded and it was unaD~mnusly carried.
~r. McCoy moved that the settlement in the sum of $1,270.96 for the
city's claim against Mr. Borough be accepted. Mr. Banks seconded.
k~. Borough came fo~ard and said he wanted it understood that this
payment of $1,270.96 is a settlement of all claims including the
street and water bond.
The vote was ~-O in favor of the motion. Mr. Boos abstained.
..Reoort on DeMarco property
Mr. Moore stated that a final hearing was set for Tuesday, April 5th.
He reported that Mr. DeMarco has completed a fence in this area from
the road and that the majority of this situation has been rectified.
Accordingly~ he has deferred final hearing but left the suit in
abeyance in case of any deviation.
Mr. Banks stated that he was in agreement with this., bu~ that the
city should insist ~h~t ~. DeMarco complete the job. The fence is
not ccmpleted on the west side and there is st~ a lot of junk
outside.
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Regular City Council Meeting
April ~, 1966
Administrative
Consider Blue Cross - Blue Shield Proposal for complementary coverage
~ con.T~nction with Medicare prpg.ram
Mr. Kain stated that he would ~ve complete information for next
Monday's special meeting.
.Further Conside.ration of. C.emetery TroD. r~zements
Mr. Kain recommended that an architect be named at the earliest possible
date in order that this work may commence.
Mr. Banks stated that the council interviewed two landscape architects
and that one of the men intervieWed gave a firm bid and showed
initiativ~ in'~his Whrk.
Mr. Banks moved that Jerry Hughson be appointed as architect for this
work and instructed Mr. Kain to notify him to go on with the work.
Mr. McCoy seconded and it was unan~ously carried.
Authorization requested to advertise for bids to change wiring on
.t~nni.s courts.
Mr. Kain explained that the wiring on the tennis cou~s has caused
continual problems with the lighting. In addition the location of
these lights is such as to cause a number of "blind spots" on the
courts. The estimated cost of this work is approximately $900.
This will include a change in panel boss, installing larger conduits
and larger size wires and aff'~_ng additional light heads. Mr. Kain
recommends that authorization be ~ade in order that plans and speci-
fications may be prepared and bids called for on this work. Mr. Kain
explained that after the bids are in, he would recommend to proceed
with the work if the cost is below the estimate, but if above, he
would recommend it be delayed until the new budget year.
Mr. McCoy moved that the city manager be authorized to prepare speci-
fications and go out for bids on this job. Mr. Banks seconded. It
was unanimously carried.
Request for Permit to solicit - S. E. Florida Chapter - National
Multinle. Sclerosis Society - May 8 through June 19 ..
Mr. Boos move~ that the request be granted and fee waived. Mr. McCoy
seconded and it was unanimously carried. ~Lrs. Badgett explained that
she had contacted these people by phone and they stated that next year
they would join the United Fuud.
MINUTES
Regular City Council Meeting
April ~, 1966
Consideration of appointment of a Master and Journeyman Pl~er to
the Plumhin~ Board
~Lr. Kain stated that ~ir. Fred Messer and Mr. Michael McLaughlin indi-
cated they would serve.
Mr. Banks moved that Mr. Messer be appointed as Master and Mr.
McLaughlin as Journeyman on the Pl~bing Board. Mr. McCoy seconded
and it was unanimously carried.
Discussion of the salary of the City Engineer as Cheif Inspector of
the Sanitary Sewer Work
In view of the distribution of duties Mr. Carnahmn has had since
November, Mr. Kain reco~ended that one-half of his salary for the
months of November and Deeember 1965 and January, February and Ymrch,
1966 be paid from the se~r construction fund.
Mr. Banks moved that the recommendatimn of the city manager be
accepted. Mr. McCoy seconded and it was unarntmously carried.
Ao~val of Bills
D~isbursement of $7,388.00 to Holiday ~l~ers Inc
This amount was agreed to be paid to Holiday Builders for the relocation
of a force main within the l~m~ts of Sterling Village complex. This
agreement was approved by the council June 2~, 1965 and the amount
has been budgeted in Activity 6500, ~ater and Sewer Fund, Item
Mr. McCoy asked what percentage of the total bill this is, and
Kain explained that it is one-half of total bill.
Mr. Banks moved that this bill be paid. Mr. Boos seconded and it
was unanimously carried.
~eDtune Water Meter Co. $3.816.8~
This is for meters purchased under the annual contract with the
Neptune Meter Company. These meters are to be charged to Activity
6130, Account 581.
Mr. McCoy moved that this bill be paid. Mr. Banks seconded and it
was unanimously carried.
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MINUTES
Regular City Conucil Meeting
April 4, 1966
John Churey, Contractor $1,&75.OO
Construction of second fountain at municipal beach. This is the
second of two bid items to be constructed byN~. Churey. Mr. Churey's
work is complete and is acceptable Mr. Kain stated and should he
charged to Activity 5800.
Mr. Banks moved that this bill be paid. Mr. Boos seconded and it was
unanimously carried. ~Lr. Kain noted that the lettering is going on
today and the cost for the lettering is in addition to this item. Mr.
Madsen said it will be shown on the lettering as '~oynton's Beach".
Allied Chemical Co. for Chlorine $768.92
This material has been supplied under our annual contract. The total
of $768.92 is distributed as follows:
6120~35~ $257.20 ~$ater
6220-354 511.72 Sewer
Mr. McCoy moved that this bill be paid. Mr. Banks seconded. Mr.
Madsen asked if there ~11 be sufficient chlorine for the opening
of Wilson Pool. Mr. Kain explained that this item is strictly for
the utility system. Motion was unanimously carried.
Kelly Tractor Co. $869.56
Mr, Kain noted that work has been completed on the D-4 tractor which
was authorized by council on February 9, 1966. The estimated cost
of this work was $550. Additional work is necessary and became
apparent after the machine was dismantled for the original repairs.
Total cost of the additional work is $319.56. Authorization for the
completion of this work is requested in this amount. This work
when completed should be charged to Activity 2120, Account 274.
Mr. McCoy moved for authorization of additional payment. Mr. Banks
seconded and it was unanimously carried,
OTHER
Mr, Kain read a pe~ion asking for imstallation of traffic light at
the intersection of N. E. lOth Avenue and U.S. #1. This was re-
quested to be delivered to the State Road Department.
Mr. Boos moved that this petition be presented to the State Road
Department. Mr. Banks seconded. ~. Boos noted that these people
should be thanked for their time and energy and that council would
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MINUTES
Regular City Cotmcil Meeting
April ~, 1966
¸ti
do what they can to further promote the getting of this stop light.
He asked that a letter of thanks he sent to Mr. William Shriver for
his efforts in this behalf, Motion was unanimously carried.
Mr. Kain read a letter from Col. krehrell requesting use of City Hal~
Auditorium Thursday, April 21, 1966 at 8 P.M. for a meeting of the
Boynton Beach-Ocean Ridge Republican Club. Mr. Bert Johnson, School
Board member, will be a speaker along with others. Mr. Kain stated
that he felt this was in th~ general p~blic interest and should be
granted.
Mrs. Emily Jackson came forward and stated that Mr. Johnson said he
would like to come to the city and give his views on why he voted as
he did concerning the vocational school.
~r. McCoy moved that the recommendation of Mr. Kain he accepted and
that this request be granted. Mr. Boos seconded and it was unani-
mously carried.
Mr. Madsen called Chief Stromick forward and asked about the complaint
of L. G. Crawford against the '~ub". Chief Stromick stated that there
is a nuisance but that it is ~strictly a nuisance to Mrs, Crawford.
The solution wotuld be for her to come down and file a complaint against
this establishment for disturbing her peace and it could he taken to
court.
Mr. Kain noted that the State Beverage Dep~rtment has checked this
establishment on six different occasions and the Health Dep~rtment
on three occasions. Much time has been spent in investigating this
situation. The police department is keeping it under close surveillance,
and Mr. Stromick again stated that the only solution seems to be for
Mrs. Crawford to file a complaint,
Oity Occupational License
Mr. Kainnoted that there is no provision in Ordinance 66-3 offering
a benefit or grandfather clause to parties who have held a city
occupational license in the past. ~. Boos noted that the Ordinance
as is will not increase our revenue but it will decrease it. He stated
he thinks it is a good Ordinance, but was of the opinion that the
grandfather clause was being a part of the Ordinance or that it was
recognized whether it was in the Ordinance or not, and that it should
be clarified. Mr. MOore recommended that Mr. Kain ask the County
Occupational Department mo furnish a list of all licensed contractors
operating in the city and dovetail it with our list and see who will
get caught up in trouble. Mr, Kain stated he would follow through on
this.
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~TES
Regular City Council Meeting
April 4, 1966
Br~uy Breezes Sewer System
This item will be put on the agenda for next Monday night's meeting.
Mr. Banks reported that council approved Nr. Madsen and himself to
attend the Second National Legislative Council of the National League
of M~icipalities in the Capitol last week and that they w~ll bring a
report of all proceedings on this conference the first meeting in May.
The theme of the conference was The Communities and National Legislation.
Mr. Madsen gave a brief report on the meeting Saturday morning in St.
Augustine with F.E.C ~ officials. Mr. Kain, Mr. Boos, Mr. Moore and
Mr. Madsen attended to discuss the opening of S. E~ 2nd Avenne
crossing. The cost ~l~ be $25,0~3 on a three year paymen plan. The
approaches on both sides will have to come from city money. They also
discussed the new location for our team tracks and they w~ have Mr.
Corbett, who has charge of industry, come here and give the city
different locations and then it can be decided.
~r. Kain reported that N. E. 17th Avenue was discussed also. He
stated t~at there is a need to consider some way to route traffic on
17th into U.S. #l at that point pri~.rily to complete the program which
the city~ll present to the couuty to justify the separation of that
road and 1-95 and the installation of an interchange ~ He stated that
it appears if 17th Avenue is open it is incumbent to close 15th Avenue.
There is a possibility that alternate construction maybe able to work
17th into 15th Avenue and solve that problem.
The railroad officials also gave permission to remove team track stoppers
and unsightly mounds of shell on Ocean Ave.
Meeting adjourned at 9:40 P.M.
Attest:
Tereesa Padgett~ity Clerk
Walter A. Madsen, Mayo~ ~
/ 2~. ~Allison Banks, Counc~n