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Minutes 12-05-61iVIINUTES OF REGULAi~ MEETING OF CITY COUNCIL, BOYNTON BEACH, HELD AT CITY :HALL, BOYNTON BEACH, FLOi%IDA, DECEMBEl{ 5, I960. HARVEY Ej OYER, JR;, MAYOR JOHN L] AKCHIE, VICE MAYOR DR~' CHic-RI,ES ~iES, COUNCILI~kN W-~LLTEi~. I~ADSEN, 60UNCILMAN J]' Bi BAUGHMAI't, COUNCIL1M-A~ LOUIS SMITZES, CITY Mt~NAGEI{ GENE MOOI{E,~ CITY ATTORNEY TE}~EES~ P-4-I)GETT, CITY CLEIR_K DIi{CK GROOTENBOEP~, SUPT j PUBLIC WO~KS JO~ TUIT~, ?~E C~EF YA~S ~RWI~, ~IEF OF POLICE This meeting ~vas called to order at 7:30 p.m. by Mayor Oyer. Invocation wvas given by Father Ed%yard J. ~/atson, St. Joseph~s Episcopal Church. Minutes of November Zlst Regular Meeting were read and upon motion by Mr. Archie, seconded by Mr. Madsen, Minutes were approved as corrected. At 8:00 porn. bids ~;vere opened for Mobile l{adios as follows: Motorola Communications & Electronics, Inc. Base - $Z~642.85 Att. ~1 Z,905.Z5 General Electric Co. Base 2,828.00 Alt. ~I 3,083.00 Upon the recommendation of Mayor Oyer, Mr. 'Madsen moved that bids be referred to City M~nager o Motion seconded by Mr. ~_rchie and unanimously carried. Public Half Hour /VLro David l{obertson, 7.32 SW 7th Avenue, spokesman for a number of residents of S~V ?th objected to tl~ gas company installing their line in a location other than the utility easement at the rear of their property. Mayor Oyer advised that to date he could find no place where the water department has said the gas company can not use the utility easement but assured the residents construction would be!held up nntil st~ch time as the facts are known. -Z- Mr. Ed Wilson, Z33 SYf ?th Avenae said a representative of the gas company said ehey would have to pay too much to use the easement. ~,'[r. Gene, Moore, City Attorney, announced that the Jaycees have procurred Z, 000 tags to be gzven away at the-poles stating ~ I have voted -- have yoa?" He requested authorization to have the election officials distribute the tags. Mr~ Madsen moved the request be granted. Motion seconded by Mr. Archie and unanimously carried. Dr. Akes announced that 9I pints of blood was collected last week at the Bloo~ Bank.. He thanked the residents for their cooperation, The City'Clerk read a letter from Boynton Industrial Park signed by Walter Dutch~requesting abandonment of S, 8r of Z0~ utility easernenZ located Ndrth side of Lots 1, Z, 3, 4, Boynton Indastrial Park. ~. D~ch appeared in person stat~g that he had ~ letter fro~ Fla. Public Utilities Co-~ stating the 1Z~ ~as s~icie~, ~d stated a le~er wo~d be forthcoming from ~lorida Power ~ Light; So~thern Bell Tel. & Tel. Co, The City ~orney then read a resolu~on~ regard to this ~at~er. ~r ~' ~dsen ~oved this resolution be adored, ~lth the ~derstanding releases fro~ all fr~chised ~tility complies be filed ~ith ~e Ciiy as soon as poss- ible. ~otion s~conded by ~r. Archie and ~ani~o~sly carried. A letter from Boynton Beach Jr. Woman's Clab ~vas read requesting the City to advertise in the 1961 Frolics program. After discussion, Mr. ,4,rchie moved that the City take a full page ad for $60°00° Motion seconded by Mr. Madsen and motion carried Z~-l. Mr. Baughman voting t~No ". A letter was read from the Boynton Beach Garden Club requesting that the City declare Boynton Beach as a Bird Sanctuary. The City Attorney read Ordinance 60-42. Mr. Archie moved that Ordinance 60-42 ~Be passed to second and final reading. Motion seconded by Mr. ik4adsen and ~otio~ carried ~-0. Dr. ~kes ~aS, o~t of room ~hen vote was t~en. Mr, Teemley a representative of San Oil Co. reqaested a variance on 600~ requirement between service stations on S. ~0~ o£ Lot ~, 4 & 5 Central. Park, iV~r. Archie moved the request for variance be denied. ~otion seconded by ~. ~adsen and motion carried unanimously. A letter was read from the Commauder of the Veterans of Foreign Wars reqaesting permission to sell Christmas ~rees. -3- Mr. Madsen moved the request be granted subject to the lot being in a commercial zone and that it not create a traffic or fire hazard; that the license fee be waived. Motion seconded by Mr ~ Arckie and un~ui- mo~sly carrfed. ~k petition was submitted requesting purchase of property for a park site-on Lots 40 through ~5, I-Iigh Point S/D. Mr. ~a, rchie moved this request be turned over to the City Attorney, City Manager and Re creation Director for feasibility study as to cost. Motion seconded by ~Dr. _Akes and ~ani~ously c~rri~d. ~rs.. ~ober~ ~gn~w s~ated She ~ond~e~ if a playground ~as neede~ {n this ar~a ~d ~.~ ~l~n C~ld~ell~ ZZ6 SE 25th ~ven~e stated the property ~r. Nicholas Fornaby~ S~ ZSt~ ~ve.~ st~6 there were at least 50 children in th~ neighborhood that play in the street, He advised that the ~an that o~ns t~e l~ts is ~illing to sell v~ry rogsonable ~d th~ th~ lots are zoned industrial. A lette~ was read from Maule Industries ~ signed by their attorney, Robert Griffith, in which they requested meeting with Council to discuss the tax adjustment pertaining to thc homes which they have purchased that were involved in bankruptcy proceedings of Lindsey-Mundy. The City Manager was instructed to write to A/ir. Gri~fith advis[n~ that if they aro a~are of ex/[nuatin~ circums~ces to let the ~[ty kno~ and Council ~itl check further into the matter. On the request of Mr. Critchfield, National Attainer Co. to place waste disposal cor~tainers at various intersections, the City 3~_ttorney recommend- ed that before this request be granted that he be allowed to investigate this from a legal viewpoint. Mayor Oyer recommended this be referred to City Attorney and City 1V~anager. Dr. Akes moved the l~ayor's recommendation be accepted. ~Iotion seconded by Mr o Archie and unanimously carried. Mrs. Dill, 30Z0 N. ]Federal Highway requested by letter the disposition of a property owner's suit adjacent to her property. City Attorney stated one of the property owner~s should be brought to trial id three weeks Anote of appreciation was read from IV~rs. l~ungesser for the flowers the City sent To the funeral of her late husband, Rev. Carl lklungesser. Mr. Madsen moved the request of Mr. & Mrs. Engel for land use right-of-way, NoE. 1st St. be removed from the table. Motion seconded by Mr. Baughman and unanimously carried. -4- Mr.~ Baughman moved that in view of the fact a precedent had already been set, that the $300. be granted for the 75' frontage take~ from Mr. & Mrs. Engel on N~ E.:~ 1st Si. M ~on seconded~by Dr. _Akes and.motion carried 4-I ~ayor Oy~r voting ~0'~ in view of the fact there is a q~estion abo~t this ~a~er, and ~n view of the fact that all these homes are properly set back. ~1 of this a~ea had new water line laid 3-4 years ago and streets were surfaced at no expense to property o~ners. O~dinance 60-40 was read by City A~orney on the re-zoning of Lots I - 1I ~illtop Village (request of 3oe Hatless). ~r~'~Baagh~a~ ~oved t~s~ Ordinance be adop':ed on second reading. ~otion seconde~ by ~r. Archie and Un~i~odsly carried. On the request of Bethesda h4edical Center at'SE Z?th Ave. & Seacrest Blvd., Mr. Ar~chie moved that the City Manager beinstructed to have legal not, ce prepared for public hearing to be held at 8:00 p.m., December 19th for purpose of reviewing plans of Dr. Astler. Motion seconded by ]~r. ~_kes and motion carried 3-Z. IV~r. A4adsen and Mr. Baughman voting "No ". On the request of Gerald Thompson re military service leave, a letter from Joseph Tomberg, Chairman Civil Service Board was read. A4ayor Oyer recommended referring this matter to City Attorney. Mr. Archie moved the matter be turned over zo City Attorney and brought bac~ to the next meeting with his recommendation. Motion seconded by Dr. ~kes and unanimously carried. Upon mozion by ~Vir. Archie, seconded by Mr. Madsen Council will s~¢ as an Election Board at 9:.30 a.m. -~Vednesday morning to canvass election returns. Motion carried unanimously. The City Clerk brought to attention of Council the write-ins at the City election, Tuesday, December 6th would require one additional inspector. Mr.~.Madsen moved that iV[rs. ~ralter Taylor be appointed Inspector. iv~otion seconded by iV~r. ~_rchie and Unanimously carried. In reference to the drainage study report prepared by Brockway, ~Veber: & Brockway for the Lake Addition area between NE 7th and NE 10th Avenues, Mr. -Archie moved that the report be acknowledged and taken under advisement. A4otion seconded by ~V~r.' tViadsen and unanimously carried. On the Street Light request £or Velaire S/D - Henry Thompson, it ha~ been the custom of developers to pay the first year:s light billo SubdiSvi:s{o~ a~' agreed ~-:~W ~ef~-Sr year' s light bill with the City taking over thereafter. ~r. ~chie moved the reques~ be granted. ~otion seconded by Mr. ~adsen and unanimously carried. The firm of itussell & Axon prese~uted a Certificate of Completion for approval and acceptance of the loop contract re~tuesting 3E. N. Murray be paid $7,77L~Z Which alsb included change order in amount of $1,963.Z3. Previoasly, it ~d been agreedto ~e in with Consolidated Develop- ~ent Corporation ~d the amo~ of $1, 108.3Z was ~owed; P~ Beach Co. E gzneer reqazre~ e~ra ~ork on coun~ road crossings increasing the contraet by $705. ~d additonal pipe was ~eq~red in a~o~t of $I49.9K The final figure would ~en be $54,0Z?~ 55 and allo~ng the $1,963.Z3 wa~ in accord~ce wi~ the agreement. The recommenda~ of Gity ~anager was ~at ~o=k has be~ completed ~d approved by State Board of He~th and City Engi~oers for the project and payment shoutd be ~a~e. ~r. Ar~e ~oved the recem~endation of ~assell & ~on and City ~gem be appr0~d, for the to0p S~s~em ~d the b~ paid. ~otion second~ by ~r~' B~g~ ~d unani~0asly Carrie. It was reported that Mrs. Taylor who had been appointed Inspector earlier in this. meeting has reported that she wirb~ be u~uable to serve on the Election,BOard and Mr. Baughman moved that Airs. ~be~ ~cGregor be appointed Inspector. ~0tion seconded by ~r. ~chie and ~nimo~sty carried. ~ The following items were snbmitted by the City Tax Collector for consideration of adjustment on the 1960 tax roll: (I) Lot i1 & Lot ]2. less E 60~ Blk 10 - Chapel Hill - Mac Eachron (g) Lots 5 & 6, Blk 9 ~ Town 0f Boynton - Oatto ~3) Lot 14, Btk Z - Lake Add. - Ac Sec. 2Z-45-43 ~ Cloutier Mr. Madsen moved the above three requests be granted. Motion seconded by Dr. Akes and unanimously carried. _~c. Sec. 33-45-4~3 (Tth Day Adventist Church) Beg, SW Cot. Lt. 18 Qaymar Est. 'then S. 130: TH E 75~ TH N i30~ to SE Corn. LT 18 of S/D TH W 75~ to ROB-- $i5.53..,Placed on tax roll in error. Also: Lots 7 ~8 Blk 3 ~ Summy Dale abate $Z6.78 Bo ynton Beach News ~ Personal Prppe~ty abate $106.88 Lot i - Blk -t6 ~For~st Hills abate $75.98 Ac. Sec. 33-45-43 - I~och abate $23, Z5 Mr. Madsen moved these requests be granted, Motion seconded by Dr; Akes and unanimously ca~ried. On the request of Joseph G. Marucci for refund of overpayment on Lot 4~ Blk 6, Happy Home Heights in amount of $16.Z0, lvir, Madsen moved the money be refunded and Dr. Akes seconded the motion which carried unanimously. Mr. ~rchie moved the ,~uilding Inspector:s report be received . Motion seconded by Mr. Madsen and u-uanimously carried. Mr..Archie moved that the Tax Collector's report be received. tV~otion seco/ided by lvir'o Baughman and unanimously ca, tied. In reference to an unsigned letter pertaining to tax item covering Lot ? Lanehart S/D, 1V~r. 3~vchie moved the accrued interest be ~vaived and the City accept the $3 o 09 taxx. /v~otion seconded by Dr. Akes and unanimously carried. Mr. -3~rchie moved that permission be granted to Pat De,taste for ~se of a sound trt~ck~ TueSday, December 6th for political p~rpos6~ Soon pay~nent of $5.00 fee. /v~etion seconded by ~Viro Ba~ghrnan and unanimously carried. lV~ro Iv~adsen moved that ~il Summers be permitted to use sound truck on Tuesday, December 6th for political purpoaes upon payment of $5.00 fee. Iviotion s sconded by l~r. ~rchie an~ u~animoctsly carried. In reference to Police l{eport which Chief ~Er~vin submitted in regard to bullet holes ~n the ceiling at the police station, after discussion, ~r. Baughman ~ad that the damage that has been done be paid for by those ~ho admi~ed doing the damage ~d that future ~illfulness of destroying city property is c~e for dismiss~. T~e C~ty ~ana~er s~ated ~t ~as k~s opinion ~t t~s is h~ed under bring tko matter to Civil Service Board ~d they m~e recommendations. He f~r~er stated Zke investigation ~hich h~d be~n held ~o~d not be s~fficient for a Ci~ Service Hearing~ and that f~rther investigation ~ill have robe ~ade. ~r. Bmugh~an fu~her stmted he felt tko Deputy Sheriff involve6 sho~d be requested to pa~ on ~is ~r. ~rchie moved that th~ three men in discussion be asked to pay on~ third the cost of repairing t~e roof in ~e a~o~t of $95.00 and if ~ey fail ~o do so: that the ~att~r be,t~rned over to Ci~l S~rvice Boar~ ~ ~at the record of tko incidents be ~de a part of ~ir ent Ci~l Service file. ~o/ion seconded by Dr. ~s and ~otion c~rried &-i. ~r. ~adsem~oted ':No~ because he feels it has c~used enough barrass~ent to~t~e care ~f their p~shment. The City A~uager recommended the bill to New York Herald Tribune for publicity be allo~ved in the amount of $177.~8. l~I~i Archie mo~d the bill be paid. lv~otion seconded by Dr° ~kes and motion carried. It was ~greed that in the £ut~re, a tear sheet should be enclosed before bill is allowed. -7- In reference to Lot 4 - Lee Manor, it was agreed that Mayor and City Engineer should go out and look over this lat. Mayor Oyer instructed City Clerk to turn over _to Cif~Engzr~eer the requests for lots to be cleared so he can make pictures and bring to Council. The City Manager reported that he had sent a bill for $8,000. to the Town of Ocean Ridge in accordance with the Suly 20, 1960 agreement. He stated he received a check for $3100.00 - $3,000. of which was partial payment for Services rendered by the city and $100o for radio set. vice. Mr. Archie ~rmoved that the City deposit the ~eck in'~he amount of SSi00. of which $t00 i paid for ramo se viee iS,, 000. as patti,al payment for services rendered. Mo/ion seconded by IVir .-1V~adsen azxl unanimot%sly carried. The City Manager made inquiry as to the remaining~$5-, 000; which is due ander the agree~aent, at which t~me Mr. ]~aug~man amended the motion that the $5,000. balance is due and payable On, or before Dec;ember 31, I960. 3kmendment seconded by Mr. Madsen a~d unanimously carried. The .City Manager requested a filing cabinet each be purchased for the City Clerk and City ManagerI? Office. He stated the following bids have been received: Lake Worth Office Supply - Shaw ~fa3~er $25Z. O0 Hands Book Store Z80.00 Palm Beach Typewriter Z83.50 Halsey~Griffith - Shaw Walker 267.75 Halsey-Griffith - General Fire Proofing 241.40 The City Manager recommended that either of the above would be satisfactory for purpose needed. Mr. Madser~ moved the 10w bidder be given the order for two filing cabinets at the amottut of $Z41.40 each. Motion seconded by Mr. Archie and unanimously carried. The City Manager recommended that the City accept the $1700. offer of Maule Indastki~s to install the water line at no cost to city with no ,strings attached except the City ~uild the line and charge actual cost to i~aule Industries with City to own line and appurtenances after completion and acceptance by the City. Mr. Archie moved that Mayor Oyer~s and City Manager's recommend- ation be approved to accept the offer of 1Vfaule Industry, and that the o%vner- ship remain in the City's name. Motion seconded by Dr. Akes and urzani- rnousty carried. The City Manager submitted the bill of Gene Moore, City Attorney for professional services rendered in the Newman suit. Mr. A~rchie moved the bill in amount of $130.75 be approved. Motion seconded by Dr. Akes and unanimously carried. The City Manager recommended that the- awarding.of contract radios be given to iow bidder, Iviotorola Co, in the arnouni of SZ: 905,Z5 on Alt. ~1 bid. Dr. ~kes moved that time City lv~anager:s recommendation be approved. Iv~otion seconded by iV~ro ~rchie and ua~anlm0mgly carried. :15 Vice ~Mayor ss3kkesj