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Minutes 01-03-66Minutes of Regula~ Meeting of City Cou~ucil, Boynton Beach, Florida, held in City Hall, January 3, 1966 at 7:30 P.M, PRESENT James J, Mahoney Walter A. Madsen John L. Archie J. Allison Banks Chas. N. Boos Frank ~cCoy, Jr. Gilbert Collins F. T. Kain, City Manager Tereese Padgett, City Clerk Gene Moore, City Attorney The meeting was c~.lled to order by ¥~yor M~honey at 7:30 P.M. and he wished all a hepp¥, hea3~thy and prosperous New Year. The invocation wa.,~ given by Rev. Earl Downey of the First Presbyterian Church of Boynton Beach and the Flag Salute was led by ¥~. Gene Moore. Mr. ~Lahoney instr~iuced ~Layor Seaman, Councilman and Mrs. Daugherty of Lantana, and ~%yo~~ Seymour of Ooean Ridge. He then introduce~ 14meSo Mahoney, Archie~ ~Iadsen, Boos, McCoy and Collins. ~. Archie made a motion that the minu~es of the last meeting be accepted as writt~n. Mr. Madsen seconded and it was unanimously carried 5-0. OLD BUS.SS Utility Agreement - Dan L. Shephard A form of utility service agreement has been prepared by the City Attorney which provides t~t the CiSy will serve water and receive sanitary sew- age from an area ~ithin the town t~tts off Hypoluxo. The agreement provides that the developer of the area will bear the cost of this installation and ~fill convey to the City said facilities when complete. PLr: Boos made a z~tion 5hat with the addition of a slight change eliminating any reversion of property that may be installed within the city limits, the agreement be .approved and that the Mayor and City Clerk be authorized to sign. Mr. Archie seconded. Mr. Moore noted that the c~znge in the agreement will be at the top of page ~, section 5~ and t~t the last sentence in that numbered paragraph will be removed. It was unanimously carried 5-0. Mr. Kain gave a s~z~mary of payments mede during November as follows: -1- MINUTES ~ Regular Meeting, City Council January 3, 1966 G,~.neral Fred ~ter Revenue Fund Sewer Revenue Fund $113,660.17 25,635.72 1~,235.20 Depositer'S Fund for Water ~22.50 Sewers 30.50 ~ ~blicity Fund 85&.95 Total $15~, 839 ~O~ Mr~ Archie made a motion that the above payments be m~de a part of the minutes. Seconded by Mr. Banks and unanimously carried 5-0. Mr. Madsen made a motion that the Budget and Treasurer's Report for November, 1965 be ~ccepted. Mr. Archie seconded and it was unanimously carried 5-0. Approval of Bills 1) Florida ~ast Coast Railway - $~,O00 Mr. Kain explaine~, that this represents the down payment for the City's share of the expellee of installations of croSsing protections. The City entered into an agreement with the Railway on September ll, 1962 for the installation of l:~hts at six crossings in the City and the City agreed to pay the cost of four of these installations in an amount not to ex- ceed $20,000. T~,~ payments were to be made over a period of four years with an initial down payment of $~,000 when the lights were ready for operation. The m)nies for this bill have been budgeted currently under Activity 1820, Ge'~eral Government, Item #lO. payment of this b11~ is recommended o Mr. Boos moved that this bill be paid and ~Lr. Banks seconded. It was unanimously carried 5-0. 2) E. L~ Wstkins - $850 Mr. Kain ex~lained tD~t this item was taken on bid for the removal of debris of the old station and w~rehouse structure at the F.E.C. station site. The work is now completed to the satisfaction of the city. Monies are avail~.ble in Activity 5900, Special Projects, Item #7 and payment is recommended. Mr. Banks suggested that the city write a letter of com~e~tmon for their fine job and unusually low bid. Mr. Banks made a moti~on that the bill be paid. ~. Archie seconded and it was unanimously ;arried 5-0. MINUTES Regular Meeting, Cit'~ Council January 3, t966 3) Bushy & St~mpson - $~5,~78o95 Er. E~in explained that this bill is for sewer work performed during the period November 23, 1965 to December 23, 1965. This is a program and expense oontemp~ted under the most recent bond issue. Funds are available in the S~itary Sewer Constructi~u Trust Fund and payment is recommended. Er. A.,~hie m~ved that the bill be paid ~nd Er. Banks seconded. It was ~mnimously carried 5-0. ~) J. Sarno B~ilders, Inc. - $5,~39.~7 - Library Construction Mr. Kain explained that the work has be~n approved by Mm. Grootenboer, supervising architect and funds are available in Activity 5900, Account #2. payment is recommended. Mr. Banks moved that the bill be paid and Mr. Madsen seconded. It was unanimously carried 5-0. Presentation of Pi~Gu~. Er. Kain m~de the presentation of plaqUes for appreciation of public service to Mayor J~mes Jo Mahoney, Vice Mayor ~&~lter Ao Madsen, Council- man John L. Archie Councilman J. Allison Banks, Councilman Charles N. Boos and City Atto.~meY, Gene Moore° Mrs. Wallace then ~ddressed the Council. She stated that she was asked f employees~ a small token of eppreci- to present, on beh~l of the city a~a ~ ~- ~' ~ta benefitmng them ~uring ~nemr part they have~ pla~ ........ ~ ~ ~rate~ul for a workable Civil term of office, she sta~e~ %na~ ~ ~ o- Service plam, i ~ that all employees extend to them their sincere good wishes for a ha~21 and prosperous future. Er. ~honey and M~. ArcHie expressed their thanks for the new Waltham watches given to ~ach of~them- Mrs. Pa~t adm~!i~stere~ the oath of office to ~. Collins and Mr. McCoy a~ew count:il memoerS. The N~yor'S oath was administered to Walter A~ Madsen ~d Vice Mayor to Frank McCoy, Jr. Er. Mahoney then e~te~d~d congrat~tm~on_s_, an~.d__g, oo two years to the new members and t~ey ~oo~ ~nemr p A telegram of congratulations to Er. Madsen was read. It was signed by Jean and Warreh, Mr. Madsen's daughter and son-in-law. Also a ra~tula~ Er. Madsen-from. Sister Mary Sheila aud letter tong .... ~ -~ ~ a~ht at St. Marks but recen £Y Sister ~ry ~r~ma, wn~ ~, .... ~ t ~ were transferred tb New Jersey, -3- MINUTES Regular Meeting, ~iby Council January 3, 1966 Mr. McCoy stated thst he was h~ppy and very hog.red ~o be pr~sen$o Mr. Collins stated ~hat he was very grateful to the people of Boynton Beach for allowing sim to have this office. Mr. Madsen stated t~t there will be no change J~ rules of order for meetings. _Aooointnmnt of Cit2 Officials City Manager lit. Banks statedt~t the present City Managerhas served the City well and that he believe~ tb~t he will continue to ~o so. He recommended that Mr. Eain bea~inted to continue as City Manager. Motionwas seconded by Mr. McC~ and itwas unanimously carried 5-0. PLr. Kain acknowledged his appointment and stated that he was glad of two things: that he ha~. s~lected local government for his phase of work and that he was borz in the U.S.A. ~ity Judge Mr. Boos made a motion that Ju smart' Durk' co ' . ~ . dg in mn be reap olnted as City Juoge. Mr. McCoy seconded and it was unanimously carrigd 50. ~ity Attorney Mr. McCoy moVed that this appointment be tabled until next meeting. Mr. Collins seconded. Mr. McCoy stated that there has been a serious charge against Mr. Moore ~n~ that he would like more time to investigate. He said if the charge is true, we would be out of line in appointing Mr. Moore at this time. The charge was made that he violated the Charter. This motion was denied by a vote of ~ - 2. M~. Boos ~d that i~r~ Gene Moo~e be reappointed as City Attorney. Mr. Banks §~on. ded. Mr. Banks them stated that if there is an accus- ation made ~E~inst a,,~y i~.dividnai, ?hey ~ho~ld be given the opportunity to defend themself~. Mr'.'Banks said he felt t~t he was voted in office to make~ d~is [on~ for the be~t of the City; and t.ha.t during the ~ years he ha~ h~d~ ~othing but good and f~ir relationships with %~:city Attorn~y. Mr. EcCgy the~ explained that he just wanted time t6 study the ch~rges and that he was going on record as opposing Mr. Moore as City A~!orney, the reason being that t~ people of the City have indicated ;o him through calls and letters their desire to change City Attorney He stated that he didn't know if the charges MINUTES Regular Meetillg, Cit~ Council January 3, 1966 agaLust Mr. Moore were justified, but that the important issue is whether the council is going to vote the will of the people or to vote their w~11, and sta~ed in conclusion that he was opposed to this appoint- ment. The vote was ~ ~S - 2 NO in favor of the appointment. Mr. M~dsen then s~ated that if the charges are more substantiated t~t Er. Moore could he ~leased at any time, but until such time~ he will remain City Attorne~. Resolution 66-A Mr. Eain. read Resolutiun 66-A designating bank signatUres. Mr~ Banks ~ ~ - ad~pted, and tb~t Olive Wallace made a mormon that ~esolutzon 66-A be is designated City ?inance Director and Rena Carrier is designated City Treasurer. Mr. Boos seconded and it was unanimously carried 5-0. Resolution 66-B Mr. Kain read Resolation 66-B which amends Resolution 63-FF concerning the inter-racial co~. The only ohange being that the Council set the number of members.?~tead of as originally ~ set up for eleven members. Mr. EcC,~ made a motion that Resolution 66-B be adopted and Er. Banks seconded. It was unanimously carried 5-0. A Lointment of Beaird Members... Er. Banks read the ~ames of persons appointed to the various Boards and Committees as foli(~s: Board of Ad%ustment[ - in accordance with Code of Ordinance, Section 31-15 George Davis William Ya~es Dave Swank Jay Sarno Col. Albert Wehrel~ Merle Doughty (Alt.) Robert Hueston (Alt.) Barber Board, - in ~ecordance with Cede of Ordinance, Section ~-2 Roger Chamberland William L. Ramsey Lor~n R. Blacketer Beautification Committee - in accordance with administrative action by motion of council Mrs. Helen Day Dr. N. M. Weems, Sr. Don Combs Mrs. Eartha Pulver Mrs. Frances Brinkmeier Michael V. Michael -5- MINUTES Regular Meeting, ( i~y Council January 3, 1966 ~ - ~n accordance with Section 5A-13 of the Charter Howard ~tlory William Q. Hays Henry Thompson Lou Samyn Leonard Nylund Clyde Worrell Harold Blanchette Cemetery Board - ia accordance with Section 6'17, Cod~ of Ordinances Edgar Hurford Jack Maddox ¥~rs. Frances Van D~vender Richard Newlan Mrs. Bertha Chadwett Mrs. Tereesa Padgett Civil Service Appe~.~.ls .BOard - ~n accordance with Section 72-4 of the Charter Allan G. Sheppard Ezell Hester Qivil Service Ap~e~.~s Board Alternates - in accordance with Section 72-4 of the Charter Albert McGregor Albert DiVagno Electrical Board - in accordance with Section 9-12 of Code of Ordinances William Kelsh Lee Greenleaf Thomas Dean. Gene Wright Leon Grunm~ns Frank J. Kelly, Jr. Henry Thompson Clyde Worrell John Rogers E. Duffy, Jr. Industrial COmmission - in ~or~anOe,wi%h administrative action of council George Wilde Charles ~den H~d R~ey R. R. ~c~n Jack Ri~ew~y ~ter-~c~l C~t~e - Resol~ti~ 66-B Walter Madsen F~rs. Velma Earley William Beck Col. Herbert Dolsey Thomas Dean Lottie Pierce Rev. R. M. Lee Rev. Perkins Helen Brull Edythe Hoed Tom Rushing Leonard Smith Leroy Harris A1 Sun,me r s Mrs. W. Miller MINUTES Regular t{eeting, City Council Jan,,~y 3, 1966 Library Board - in ~ccordance with Sectio~ 2~31, Code of Ordinances ~Lildr e d White Clorice Keatts Lottie Pierce Jan Wertz Nan Gordon K. Kirton Estetle Sabot Plannin~ and Zonin~ Board - in ~ccordance with Section 61-3, Code of Ordinaries l~Yilliam Wohl!eb Maynard l~ertz Jo Patrick Stanley l~eaver Rev. Edgar Stauffer Robert Olds Herbert Keatts l~alt er Madsen F. T. Kain ~bin~ Board - in accordance with Section 22-3, Code of Ordinances William McKechnie F. Kirkeby (Alt.) Ray Lawser Charles Cook (Alto) Nolan Williams Walter Madsen C. A. Ostrum Recreation and Parks Board - in accordance with Section 2-51, Code of Ordinances Ray Jara W. ~. Gibson Constantine Kay Mrs. Helen Kirkeby A. A. Stuart, Jr. Leon B. Miner Benja~ n Cain Mr. Banks moved thst the appointments as named be accepted. Mr~ Boos seoonded and it wa~ unanimously carried 5-0. Mr. Kain then read the list of additional appointments of city officials as follows: Non-Civil Service Judge ad litem City Engineer Council Stenographer John Williams Robert E. Carnahan Beulah Holmberg MINUTES Regular Meeting, Cdty Council January 3, 1966 Civil Service City Clerk and Tax Ootlector Tax Assessor and P~rchasing Agent Finance Director & Deputy Treasurer Treas~rer Chief of Police Fire Chief Personnel Officer Recreation Director Building Inspector Electrical Inspector Plumbing Inspector Deputy City Clerk & Tax Collector Deputy Tax Assessor Tereesa PadEett Will~n~ L. ~Allan Olive Wallace Rena Carrier (Non-Civil Serv. Art II, Sec Michael J. Stromick C. Eugene Wright Ella Bishop George Johnson Harold Blanchette Leon GroEmons William H. McKechnie Callie Clanton Ada Shook Mr. Boos moved that these appointments ~e accepted. Mr. Banks seconded and it was uuanimously carried 5-0. Application for Beverage License - (Beer & ~ine -take-out only) Li'l General Stores, Inc., 2275 North Federal Highway Mrs. Padgett stated that the application has been checked by the police department and the Lnspection department as far as zoning goes~ They expect to complete ~uilding before the next council meeting. Mr. Boos moved to accept the application, subject to completion. Mr. Banks seconded and it was unanimously carried 5-0. PUBL!0 Mayor Seymour was r ~cognized and he stated that it has been a pleasure to work with the co~mc~men during his term in Ocean Ridge. He said Mayor Hahoney and M~. Archie were most generous with their time con- cerning problems be'~ween the two communities and stated that he was sure Mr. McCoy ~nd Mr. Collins and the other councilmen wfll do like- wise in t~he ensuing year. Mr. Mike Young john ~ame forward and congratulated Mr. McCoy and Mr. Collins on winning '~he council seats. He thanked Mr. Kain for doing a top job for the c~ty. He also stated that he would like to see the council appoint an attorney on an yearly salary not to exceed $10,000 per year and that h,~ does not like the fee system. Judge Durkin came forward and asked that an assistant city clerk be appointed to act as clerk of court as has been done in the past. Mr. Moore stated that Edward Sullivan will continue to hold this office until changed. -8- M~NUTES R gutar Meetmng, City Council January 3, 1966 Mayor Se~m~n of La~tana was introduced and he expressed congratulations to outgoing member~ and incoming members and wished the new council all the best. OTP~R Mr. Banks requeste~! I~ro Kain, with City Auditor, Gerald Hawkins, to give council a complete study oS sewer and water receipts and expenditures, from the beginning of budget year up to present time. He would like for the council to have this so they can see the income and expendi- tures concerned. ~ asked for the report by the 17th. ~n~?e oeen ~aken care of by co~uncil during workshop sessions, and would like to give Mr. K~.in, at the direction ~of the mayor, the privilege ~o.f ca~.ing worksho;, sessions for .diScuSsions other than council ~ghts. '~nere ~s not enough t~me on council meet-Lug nights. Mr. Kain stated that he would give a recommendation Of System of meetings aster he has thought about 5t and would let counc~ know. Mr. Boos presented several items for acbion: MecD~nios and equ~ment workers' ~l~ies should be reviewed and possibly revised so that cit~ can hold hett~r men~ Mr. Boos so ~oved for review ~f_ot. hese salaries. Mr. Banks seconded and it was u~ani~ously carried Mr. Boos moved that the City instruct Russell & Axon to see that the City acquires a certain ~opographical map made by them for $14,0OO so that it can become a pe~nanent part of our engineering department. Mr. Banks seconded and it was unanimously carried 5-O. Mr. Boos stated tha~ he would like to see any action pressed to the fullest to clean up the DeMarco Junk area. Mro Boos asked the i~anning and Zoning Board to make a study and advdse council as to the ~visab~l ~ty of having at least two more access roads to 1-95. Mr. ~ohtl~b stated that the Planning & Zoning Board has been waiting for a map of the proposed 1-95 to m~ke this study. ~r. Boos stated that he wotttd like to settle the controversy with Ocean Ridge on fire prote(..tion and believes that soma common ground can be arrived at. Mayor ~.eymour of Ocean Ridge was in agreement with Mr. Boos' statements an¢~ would like to .work ~oward this end. MINUTES Regular ~eting, City Council January 3, 1966 Mr. Boos said he would like to see the practice of using city vehicles by c. it~y employees ~o go to and from work abolished, except for some officials Who use .:mergency vehicles. Mr. Kain stated rather than el~m~uate this pra;tice, he would like to make a further study as to whether the welfar~.~ and safety of the city is concerned, and if some use of these vehic~Les can be curtailed or restricted. adjourned ~t 9:00 Walter A. Madsen, Mayor Frank McCoy~ Vitae M~" Tereesa Padgett, ( Councilman