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Minutes 07-06-59ADDITION TO ~[I~-GTFS OF CI?/ COb~NCiL ~T/-NG~ JULY 6~ 1959. Page 4~ Para. M~. Oyer stated ~hat he objected to the dismissing of a firm who had sez~ed the City ably for ~--u excess of ten years on our water problems and tsar he ~ther thought that this ~as merely a political s~oke screen to cover up the Co~ucil~s unwillingness to caz~ry out the engi- meet ~s rec ommen~ations. MINUTES OF REGULAR MEETING OF THE CiTY COUNCIL OF THE CITY OF B0~T0~ BEACH, _WELD IN CITY HAM, BOYNTON BEACH, ~0RIDA, JUL~~ 6, 1959. PRESE~: James J. Nahoney, Mayor J. B. Baughman, Vice-Mayor Martin Durkin Walter Madsen Harvey 0yet Ronald J. Fruda, City Attorney Tereesa Padgett, City Clerk Raymond Senkpiel, Chief of Police Ditek Grootenboer, Supt. of Public Works Jack Tuite, Fire Chief. The meeting was called to order at 7:30 P.M. Minutes of the last regular meeting held June 15th were read and unanimously approved with no corrections. Minutes of special meeting held July let were read and unanimously approved with no corrections. Du_wing the public half hou~ Mr. A. D. Thomas asked the Council what had been done about the clearing of a lot adjacent to his pro- petty. He was informed that the property owners had been notified to clear the property or the City would clear it and bill the owner. After discussion, it was decided to advertise for a hearing. PrOfo J. Lucien Jones, from the audience, inquired into the problem of groups of dogs running wild with no apparent owners, citing the menace to life and property that could ensue if allowed to continue. Several others from the audience expressed an interest in the problem-and knowledge of the existence of the menace. ~r. Madsen moved that the Council contact the County and the ad- Joining bowns with the idea of establishim~ a joint dog pound and dogcatcher to cope v~th t~ia problem. .Mr. Durkin seconded the motion which passed unanimously. A resident of Lake Side Gardens, asked the Council what could be done regarding Australian Pine roots exposed and eEtending some twenty feet in height on the proper~y adjoining her property. She also complained of a drainage ditch abounding her property. After discussion, it was decided that since the owner ~had already been notified to clear this lot, that it would be included in the adver- tisement for a public hearing. The Mayor informed those present that the assessors, Hunnicutt Associates, would be available in City Hall to answer any questions and give any information desired re~arding the assessment of all personal and real property in the City from 9:00 to 8:00 July 7, 8, 10, l! and from 9:00 to 9:00 on July 9th. At the suggestion of the Mayor, Mr. Durkin moved that the Tax Assessor be granted a thirty-day extension for completion of the tax roll, as had been done in prior years. Mr. Baugtmman seconded the motion which passed unanimously. The Mayor announced that the Council would meet August 10th as a Board of Equalization and for two days thereafter, if necessary. A letter was read From the Animal Rescue League of P~lm Beach County asking that the yearly budget include the usual ~lO0.O0 support to their organization. A letter was read From Florida East Coast Railway Company in- forming the Council that the matter of crossing protection was being given consideration. A letter was read from Seaboard Airline Railroad Company re- garding the speed of their trains through the City and assuring their compliance to the speed limits in the future. ~ letter from the Board of Public Instruction of Palm BeaCh County ass~ing the Council that they would take no action on the request of Delray Beach for annexing Seacrest High School into their City limits, before giving Boynton a hearing on the matter, was read. A letter of appreciation for the use of the Recreation Center was read from the Asoen~ion Lutheran Church. A letter from Edgar D. Hurford, Representative of Metropolitan Life Insurance Company regarding group life and hospitalization for city employees was tabled by a unanimous vote of the Council. A letter from the Tri-County Governmental League regarding mem£oership in this organization was tabled by a ~&nanimous vote of the Council. A letter from N. R. Field referring to the deed to the sewer site was read. In this correspondence Mr. Field reiterated his po- sition that the deed would include a reverter clause. After dis- cussion, Mr. Oyer moved that the~,~be authorized to notify Mr. Fiold that the plant will no= be put into operation until such time as the City has the deeds, without the reverter clause. ~r. Baughman seconded the motion which passed unanimously. A second letter was read from Mr. Field regarding interest on sewer bonds which required no action. A third letter from ~Ir. Field was read in which he stated that he had deposited withaLittle River Bank and Trust Company the sum of $3~,308.1~ and that he was paying this amount under protest. A fourth letter from Mr. Field was read in which he asked the Council's consideration in issuir~ permits for installation of septic ta~ks on property owned by him in Rolling Green Ridge 1st Addition on which he is building a store building to be occupied by the Seven-Eleven Market and also on another lot in Rolling Green Ridge First Addition. The City Attorney pointed out that this would necessarily have to be on a temporary basis as the ordi- nance coveri~ sewers made it mandatory that any property having access to the sewers hook up to the sewers within thirty days, and that not to grant this request to Mr. Field would be unfair under the circumstances. ~!r. Bau~an moved that the matter be tabled. Mr. Nadsen seconded the motion which was denied three to two~ Mayor Nahoney, ~{r. 0yet and Mr. Durkin voting no. N~. 0yet moved that the request for the use of septic tanks on ~ temporary basis on Tract A and Lot 18, Block 37, be granted. Mr. Durkin seconded the motion which passed four to one, Mr. Nadsen voting no. TD~ee letters were read fr~m Russell & Axon regarding various phases of their work for the ~ty. A letter was read from Jam~s Boule regarding debris and snakes in lots No. ~5~ and 453 adjoining his home. The City Clerk info~ned the Council that the location had already been checked out and letters sent to the owners. A letter was read from the Advisory Board requesting that a legal opinion be rendered by the City Attorney, at the earliest possible date, on t~e status of each water refunding aEreement as to its validity and/or legality and its overall position and effect with respect to the provisions of the Waten Revenue Bonding Agreement; also recommending that the City Attorney be authorized to consult with the law firm of Caldwell, }~arshal~, Trimble Mi~chell, New York City, bond attorney, who furn_~hed the legal opinions necessary in the t951 Water Revenue Bond issue. The Mayor read a letter w~itten by him to this firm in which he included copies of the I95! l~ater Revenue Bond issue and water refunding bond copies, and asked for their opinion on the matter. He also read a letter acknowledging receipt of his letter and stating t~at an answer would be forthcoming. A letter was read from Joe D. Ha~less bonds for the financing of the water system Subdivision in May of 1953. asking for payment on in the Ridgewood Hills A letter was read from R. M. Gardner, Attorney rom Annette Ranson, requesting payment to his client of money due on a refunding contract b~muween the ~ity and Boynton Development and Improvement Co~poration, dated March l, 1954. Mr. Baughman moved that the two letters requesting payment on refunding bonds, the letter from the Advisor~y Board, the letter to the New York fi~m and any other papers concerning this matter be referred to the City Attorney who would await the reply from the New York law fi~, study it, and give the Council his opinion and recommendations as to how to clear the matter up. Mr. Madsen seconded the motion which was unanimously passed. A letter From the Citizen's Committee was read concerning the Chamber of Commerce and the Committee,s opposition to any further grant of tax monies to the Chsmber until full assurance is had that the funds will be used for the specific purpose allotted. Mr. 0yet moved that the reading o£ the contract for fire pro- tection between the City and the Town of Gulfstream be waived and the Mayor be instructed to execute the agreement. Mr. ~rkin seconded the motion which passed unanimously. On the instruction of the City Attorney, ~r. 0yet moved that the Supt. of Public Works be instructed to proceed in installing ~reets and water hines in Boymtonborough according te the contract. Hr. Baug~an seconded the mot ion which passed unanimouslY. Mr. t~uda inforvaed the Council that the bond for this work~was being held and the bill would be paid as soon as the work was completed. Ordinance 59-$ definim~ petty larceny was unanimously passed to the se0ond reading upon a ~otion by Mr. D~rkin, seconded by Nr. 0yet. dealing wit~ public imtoxicatio~was unani- second' reading upon a motion by Mr, Du~kin, seconded bye. Baughmano Ordinance 59-6, se~ting up sewer ~ates, £ees, and charges was read. Mr~ 0yet moved that it be passe~ to the second reading. Mr. Baugl~man seconded the motion which passed unanimously. The Mayor called to the attention o£ the Councilmen the Audit Report for the fiscal year ended 0Gtober 5!, 1958, which had been delivered to the Councilmen previOUsly. Mr. Oye~ moved that the Co~ucil ~eceive the report and take it-under advisement and set a m tmng wmth the audlto~s to discuss any points necessary. Mr. Durkin seconded the mot!iOn which passed u~animously. It was decided to meet with the auditors'~t 2:00 P,M. July 15th. A l~t~e~, w~s read from the Advisory Board, in which it was recemmen~ed that ~he City employea~the fi_~m of Russell and Axon to s~r~ey the City as to ~h~ p~esent i~md Future water needs and ~he facilities to meet;s~m~ A lette~ifrom Russell and Axon outlmning 'the stud~ and gi~t~g ~ ?rice Of ~0.00 wi~h a contract enclosed ~as ~e~ ~r' ~a~i~ov~d~th~tiltheioontract with Russell and ~xon be approved ~e~ t~e City ~o~ Had reviewed it. Mr. Madsen seoonded.'themotiO~ wh~$h p~s~ed ~0u~ tO oma, Mr. 0yet voting no. A ~equestf~o~ t~Seacr~st ~gh School ~Nautilus" tabled at the last me~i~w~s ~ve~ ~ii~he~able. Mr. Madsenmoved that ~.a~ half-page add ~ a D~f~e Of $2~0 be'taken in the publication. ~r. 0ye~ se~n~ed ~he ~ion ShibH~passed unanimously. F!ori~ installed expressed~ been w~itten be wil Power and After members of ~he!M~ audienoe,~f~. make imousty. = that, regarding the street lights to be ~arner, developer who had ~er unit fo~ the lights, had ·whether or not he would a year as per the Florids answer had been received. and talking with various Hill Association in the lng inspectom be asked to to the Association for motion whic,h passed uriah- -4- A license application for a retail food market in the n~me of Pik Quik~ Inc. was g~anted upon a motion by Mr. 0yet, seconded by ~. Madsen and unanimously passed. A retail beer and wine license (to ts~e out only) for the same company was unanlmously approved. An application for li?ense for a used car lot by William L. Allan on 2154 So Federal Hmghway was brought to the attention of the Council. Mr, Du~kin moved that the application be tabled until such time as the report from the Zoning and Planning Boards was received. ~t the last regular meeting these boards were asked to recommend to the Council where several types of businesses should be located, included among them ~as used car lots. Mr. Baughman seconded the motion which unanimously passed. A request to omit interest on a street lien #832 from Capt. Ir~in ~. G~ubbs, in ~the amount of $@.46, due-to the fact that I~r. Grubbe was out of the United States a~d did not receive the motices was brought to the attention of the Council. Mr. 0yet moved that t~ interest be waived. Mr. Durkin seconded the motion which passed unanimously. A reque,st to abate a water balance of $4.60 due since 1981 by Mollie JacksOn was denied by a motion by Mr. Baughman, seconded by Mr. Madsen and passed four'to one, Mr, 0yet voting no. A letter from the Supt. of Public Works ~equesting the substi- tution of painted cement block walls on the interior of the building, for wood stud and sheetrock partitions at an additional cost of ~25o00 was read. Mr. 0yet moved the approval of this request~ M~. Madsen seconded the motion which passed unanimously. The building report for the month of June was ~ead showing a total of $636,009.00. N~. Durkin moved that the City advertise for bids for aluminum panels for hurricane protection for the City Hall building. M~. Madsen seconded the motion which passed unanimously. The Tax Collector's repo~,t for June was ~ead. ~t the request of the Palm Beach County Law Library for a copy of the City Charter and Code with supplements, M~_~. Madsen moved that the request be complied with and the Law Library be billed for $50.00. Mr. Baughman seconded the motion which passed unanimously. The Mayor aske~ the Council ~or pez~nission to put out for bids the completion of the ceiling in the downst ai~s room of the City Hail used for examinations and by the va~ious boards. Mr. 0yet moved that the City advertise for bids for improvements necessary to complete the room. M~. Baughman seconde~ the motion which passed unanimously. --5- Mr. BaugJnman ~eported to the Council on his examination of the bids received for a p~p to be Used in the Water Department, stating that the Allis-Chalmers Super Zeal Construction from the F!o~ida Electric Motor Company at a price of ~i$~$~y,00 would best meet the needs of the City. Mr. Baughman ~6~hat this bid be awarded. Mr. Madsen seconded the motion which passed four to one, Mr. 0yet voting no. Two apolicationsofor a sewage plant operator were tabled by a motion by ~. Oyer, s~conded by Mr. Durkin and unanimously passed. There being no further business the meeting was adjourned ~mc ilman -O ounc ilman - -6-