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:
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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. - $5,~39.~7 - Library Construction
Mr. Kain explained that the work has be~n approved by Mm. Grootenboer,
supervising architect and funds are available in Activity 5900, Account
#2. payment is recommended. Mr. Banks moved that the bill be paid and
Mr. Madsen seconded. It was unanimously carried 5-0.
Presentation of Pi~Gu~.
Er. Kain m~de the presentation of plaqUes for appreciation of public
service to Mayor J~mes Jo Mahoney, Vice Mayor ~&~lter Ao Madsen, Council-
man John L. Archie Councilman J. Allison Banks, Councilman Charles N.
Boos and City Atto.~meY, Gene Moore°
Mrs. Wallace then ~ddressed the Council. She stated that she was asked
f employees~ a small token of eppreci-
to present, on beh~l of the city
a~a ~ ~- ~' ~ta benefitmng them ~uring ~nemr
part they have~ pla~ ........ ~ ~ ~rate~ul for a workable Civil
term of office, she sta~e~ %na~ ~ ~ o-
Service plam, i ~ that all employees extend to them their sincere good
wishes for a ha~21 and prosperous future.
Er. ~honey and M~. ArcHie expressed their thanks for the new Waltham
watches given to ~ach of~them-
Mrs. Pa~t adm~!i~stere~ the oath of office to ~. Collins and Mr.
McCoy a~ew count:il memoerS. The N~yor'S oath was administered to
Walter A~ Madsen ~d Vice Mayor to Frank McCoy, Jr. Er. Mahoney then
e~te~d~d congrat~tm~on_s_, an~.d__g, oo two years to the
new members and t~ey ~oo~ ~nemr p
A telegram of congratulations to Er. Madsen was read. It was signed
by Jean and Warreh, Mr. Madsen's daughter and son-in-law. Also a
ra~tula~ Er. Madsen-from. Sister Mary Sheila aud
letter tong .... ~ -~ ~ a~ht at St. Marks but recen £Y
Sister ~ry ~r~ma, wn~ ~, .... ~ t ~
were transferred tb New Jersey,
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MINUTES
Regular Meeting, ~iby Council
January 3, 1966
Mr. McCoy stated thst he was h~ppy and very hog.red ~o be pr~sen$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
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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.
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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