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Minutes 08-17-71MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH: FLORiDA~ TUESDAY~ AUGUST 17~ 1971~ AT 7:30 P. M. PRESENT: Forrest b. Wallace~ Mayor Robert B. Effron, Vice Mayor Mrs. Emily Jackson, Councilwom~n John L. Archie: Councilman Harold Blanchette= Councilman C. q. Jones, Jr., City Manager Gene Moore~ City Attorney Mrs. Tereesa Padgett~ City Clerk Mayor Wallace ~lted the Regu~ Ci~ Council meeting to order aT 7:30 P. Mo The Invocation was given by R. B. Vastine~ Leisureville ~ followed by the Flag Salute led by Robert Effron~ Vice Mayor. _Introduction of Guests F. C. Van Deusen, Senior Citizens Robert Beyrer, United Boynton Civic League & Sterling Village Sr. Joyce Barkley~ J~. Womens Club introduced Miss Boynton Beach: Lana Lovelady Albert Wehretl, Boynton Isle - Lee Manors Association R. B. Vastine: Leisurevitle Jim O'Meara~ Chamber o~ Commerce Dave Roberts~ High Point 3 John Howell~ Chamber of Commerce President Gil Eckert~ Hampshire Gardens Mr. ]~ne~ High Point 2 Mrs. Jackson introduced her gmandchildren: Pamey and Bruce ~i~. Effron introduced his mother and his niece~ Lisa fpom Cleveland CitizeDi Special Recognition - Chief Huddteston Chie~ Huddleston commended Gregory Bentley, 811 S. W. 3rd St., and the Mayor presented a certificate to Gregory Bentley on behalf o~ the City of Boyn~on Beach ~or his assistance to the Potiee Department in appre- hending a fleeing felon. Greg Bentley received a standing ovation from the audience. Mayor Wallace presented Lena Lovetady with a certificate in appreciation for representing the City as Miss Boynton Beach. She too ~ecelved a standing ovation. MINUTES Regular Meeting - August 3~ 1971 Mr. Effron moved that the minutes of August 5, 1971 be accepted as writ- ten~ seconded by Mrs. Jackson. Motion carried 5-0. -1- MINUTES REGULAR CITY COUNCIL MEETLNG AUGUST 17, 1971 MINUTES ~ cont'd. Special Meeting - August 5:1971 Mr. Archie moved that the minutes of August 5, 1971 be accepted as writ- ten~ seconded by Mrs. Jackson. Motion carried 4-0. Mr. Blanohette was not present at that meeting. ..P. UB. LIC AUDIENCE Mayor Wallace explained that anyone wishing to speak on Items VII A g C did not have to come forward at this time. Both of these items were requests to reconsider~ and it would depend on action taken by Council when they came to these items whether they would be discussed or not. If they were reconsidered those wishing to be heard would be recognized at that time. F. C. Van Deusen, 227 N. E. 22nd Avenue, reported the trash on Seacrest across from the church:on N. E. 22nd Rve. and on 2nd Ct. He requested that something be done about it, He also requested to try to have the grass cut between the church property and Arthur Ct. on N. Seaerest Blvd. Ymyor Wallace stated these requests would be re~erred by the City Manager to Harold Hopkins. Robert Beyrer asked 5o speak on Item C3~ Legal Harry Baumgamdner asked to speak on Item B, Old Business. Steven Moil asked to speak on Item D, Old Business. Thomas Canavan~ Sterling Village~ reminded the people of the meeting to be held at Florida Atlantic University concerning 1-95~ and asked that everyone involve themselves. He commended Hank ~nompson for the work he has done for the Chamber of Commerce. R. B. Vastine stated that apathy toward the government has been the down- fall of many democracies in history. He asked that everyone attend the Public Hearings for the Plaster Plan and make their views be heard. Albert Wehrelt presented the Council a letter signed by representatives of vamious sections pequesting that the millage be reduced an apprecia- ble amount. Mayor Wallace received the letter. Mr. Archie suggested those interested in item VII B would not b~ve to wait since it had been determined that this right-of-way was of private nature ~ and not under the jurisdiction of the City. He further questioned i~ M~. Taylor, Beverage Board, would be allowed to speak'l Mayor Wallace restated the procedure as outlined earlier in the meeting. -2- MINUTES REGULAR CITY COUNCIL MEETING AUGUST 17~ 1971 PUBLIC;AUDIENCE~ cont'd. Harry LeForte asked if all the records in City Hall were open to the pub- lic: He stated that he asked for ir~ormation and was told by a person from the Building Department that he could not see them at the time. He waited for the Building Official before he could get the in£ormation. He further questioned why signs were not being properly marked as required by Ordinance. Mayor Watlaee stated that~records are~ publio.i~ee~. ~ Mr. Jones announced the program Wednesday night after the 9:00 o'clock News in which Vice Mayor Eff-~on will speak. BIDS Relocation of Force Main 12A Dabu!ations fmom Russell & Axon showed Crabtmee Construction the lowest bidder. Mr. Jones recommended tb~t it be accepted. Mr. Archie moved that the bid from Crabtree Construction of $23~546.82 be accepted~ seconded by Mr. Blanchette, Motion carried 5-0. LEGAL Ordinances - 2nd Reading Ord. ~71-20 - Amending the Building Code Mr. Moore read Omd. ~71-20 by title only. Mr. ~ohie moved that Ord. ~71-20 be adopted on second and final rea ~ng~ seconded by Mr Btanchette. Motion carried 5-0. Ord. ~71-25 - Rezoning from R-2 to C-t - Stephen Kost request ~ir. Moore read Ord. ~:71-25 by title only. Mr. Blanchette moved that Ord. ~7t-25 be adopted on second and final reading~ seconded by Mr. E£fron. Motion carried 5-0. Ord. ~71-26 - Rezoning from R-1AA ro 2-1 -Hank. Tho~.s_on request Mr. Moore read Ord ~;-71-26 by title only. Mrs. Jackson moved that Ord. ~71-26 be adopted on second and final reading~ seconded by Mr. Ef£mon. Motion carried 5-0. Ord. ~71-27 - B_.d~/usti~g 1970-71 Bqdget - 1st Reading Mr. Moore read Ord. ~71-27. M~. Archie moved that Ord. ~71-27 be passed on first reading~ seconded by ~. Effron. Motion carried 5-0. -3- MINUTES REGULAR CITY COUNCIL Y~ETING AUGUST !7~ 1971 LEGAL: conrad. Resolutions Res. ~71-AA - Re Safety..G~es: Florida East Coast Railmoad Mm. Moore read Res, ~7t-AA. ~fr. Archie moved that Res, ~7}-AA be adopted~ seconded by ~. Effron. Motion carried 5-0. Res. ~71-BB - Re Financing Police Complex Mr. Moore read Res. ?Tz-BB. Mr. B~anehette moved that Res. ~7t-BB be adopted: seconded by Mm. At,hie0 MotiOn carried 5-0. Res. ~71-CC - Re Beautification o£ Beach Area Flp. Moore read Res. ~,7~-CC. Robert Beyrer stated that he is in favor of ~he ~6~ution. He is opposed to an}' City money being spent on a County beach. Mr. Arehie moved that ~e~, ~71-CC be adopted~ seconded by Mr. Effron. Motion carried 5-0, ~ Res. ~71-DD - Authgrizing ~ayor to sign 1-95 Reimbursement Agreements Moore read Res. %~Yt-DD. Mr. Blanchette moved that Res. ~71-DD be adopted: seconded'by Mr. Ef£ron. Motion carried 5-0. Other The City kttorney explained that due to relocation of sewer line in vicin- ity of S. W. !Sth Avenue it was necessary to give the County the proper Right-of-Way. Mr. Arehie moved ~o authorize the t'~yor and City Clerk to sign the quit claim deeds~ seconded by Mr. Btanchette. Motion carried 5-0. OLD BUSINESS Request of Wareing T. Miller to recoqsider the Walgreen Application for B~verage License Mr, Arehie stated that i~ there is a suit brought against the City~ it is no~ only the City and taxpayers~ but every member of Council that is ~o blame. The State has already authorized giving this license: obviously it is a legal license. Mrs. Jackson asked that Mrs, Padgett read the Oath taken by each member of Council when they were sworn into office, ~im. Blanehette ~oved ~o recor~ider the request for a beverage license~ seconded by ~. Archie. Motion carried 5-2. -4- MINUTES REGULAR 2ITY COUNCIL ~iEETING AUGUST 17: 1971 Request to Reconsider Walgreen Application for Beverage License,~ conrad. Wareing Hiller~ Attorney for Walgreens~ stated that the State Beverage Department has approved the tr~nsfer~ a package store has been con- strueted pursuant to_a permit of this to%,m: and is ready for occupancy~ the City has granted permit to erect the signs~ and the Building Dept. has appmoved the z~ning. Mr. Wareing further stated that he had asked Mr. Taylor of the Beverage Board to appear at this meeting this evening in rebuttal to some of the remarP~ made at the last meeting. He again requested approval of ~he transfer of the license. Irving Taylor~ Licensing Agent~ State of Florida~ Division of Beverage~ stated that the license had been processed in accordance with state sEa tutes and a valid zoning form had been signed by the City of Boynton Beach~ and subject approval had been accepted by Tallahassee~ and the license issued, and~ now currently sitting in the tax office in West Palm Beach. He further stated that he felt it was to the advantage of the City to issue the transfer of license~ and advised that under the new law a City license would not be required after the tst of October. Mayor Wallace questioned the form that had been signed by the Building Official. Mr. Blanchette asked if both Nyman~s and Watgreens would be permitted to sell package goods. Mr. Taylor stated they would be but Nyman's had to keep the restaurant in operation in order to sell beverage in any manner and he did not ~eet the licenses were similar, Mr. Archie felt that all doubt had been removed as to the similarity o£ license. Mr, Effron asked if the City would lose their portion of the fee on this license. Mr, Taylor was not able to answer this question at this time. Mr. Blanchette questioned the position of the City in approval of future applications. Mr. Taylor stated they would continue to send a certification to the City for approval prior to the issuance of a license. Fred Hollingsworth~ ~ttorney for Boynton Liquor~ stated that the matter appears to be a result of a misunderstanding of the legal process of the Cityand the State, He further explained that !~zoning~ as referred to in the certificate signed by the Building Official covered more than zoning classification - this point has been proven in many cases. He felt that subject official had possibly overlooked the distance ~equire- ments, He felt the City was correct in upholding this portion of their Ordinances. He further expressed his opinion that the tm~o licenses in question were similar. -5- MINUTES REGULAR CITY COUNCIL PZETING AUGUST 17, 1971 RequeSt to Reconsider Walgreen ~ppllcat~on for Beverage License~ cont~d. Mrs. Jackson moved to deny the request for the transfer of the Beverage license. There was more discussion and Mayor Wallace seconded the motion. Moses Sehupler~ representing H. H. Waskow~ owner of the license up for t~ans£er, cited a recent case in Miami - (Walgreens) - and stated the trend was to now allow a pack~ge store in Shopping Centers. The motion carried 3-2. Mr. E£fron and Mm. Arabic voted -no' . Request. ~or abandonment of Roadway $ Utilit/ Easement East of Sun Wah Restaurant Mr. Jones stated that it is a private matter~ and the City is not in- volved~ and recommended that it be deleted from the Agenda. Mr. Archie moved that it be deleted from the Pgenda~ seconded by Mrs. Jackson. Motion carried 5-0. Request of Connie Cicione to reconsider the request of Boyn~qn West Dev~ Cor~. for overhead ete~ctrical lines ~ Mr. Archie snggested that this item be taken up in Workshop~ where more could be accomplished. Mr. Cicione was in accord. Mr. Archie moved that the item be taken up in Workshop, seconded by Mrs. Jackson. Motion carried 5-0. Request o~ Nolan Williams for. street paving Steven Mell stated that he is not against the paving if they want to put it in~ but he cannot pay anything because he is on a small social secur- ity check. Mr. Robinson also requested paving along west side of Lot ~0, Block E, Hathaway Park. It was suggested that S. E. 10th be paved to the tracks and Mr. Williams and Mm. Robinson share the cost and not bother Mr. Mell. ~, Archie moved to have the City ~;~nager and the Purchasing Agent go out for 5id for paving S. E. 10th Avenue up to the tracks and northward along Mr. Robinson's proper~y~ and Mr. Will/ams and P~. Robinson sharing the cos~: seconded by Mrs. Jackson. Motion carried 5-0. P_~oposed Fime Training ?rea This area will be developed in three phases. fire pit~ oil burning tower and suction line~ $2~000 is to be included in 1971,/72 Budget. The first phase includes a The approximate cost at -6- MINUTES REGULAR CITY COUNCIL MEETING AUCJdST 17, 1971 ~oposed Fire Training Area, cont'd. The Fire Chief read a letter from Mr. McGuinnis~ dated June 28~ 1971~ concerning the zoning of the area, }~. Moore stated that the letter does no~ answer the question concerning the zoning. An application would have to be made: and a public hearing held. Mr. Fredericks stated that it would be of no use to the Recreation De- partment~ except when a building is built it might be possible =o us~ it for recreation. Mrs, Jackson moved to grant the approval to the Fire Department for Phase 1~ subject To the County approval of zoning~ and to request aban- donment o~ Roads: seconded by Mr. Archie, Motion carried 5-0. ,Appo~_ntment of Prosecutor - ad litem Mr. Effron moved to pay the Pposecutor ad litem a fee of $30 per session, seconded by Mrs. Jackson. Motion carried 5-0. Mr. Arehie recommended that the Prosecutor ad litem be separated from the City ~,ttorney's account, and made a new account in next year's budget, Mr. Effron moved to appoint Larry LaValle as the City Prosecutor ad litem seconded by Mr. Drchie. Motion carried 5-0. ADMINISTRATIVE Consider reques~ ,fgr transfer of Beer L Wine License ~ 206 South Federal ~i9hway The name of the place has changed; it is still owned by the same person, with a change in members of the corporation. Mr. ~rchie moved that the request be granted~ seconded by Mr. Blanchette, ~otion carried 5-0, Receipt of Cremation Certificates Mr~ Archie moved that the certificates be received: seconded by Mrs, Jackson. Motion carried 5-0. 4i~t of. Payments Made in july Mr. Archie moved to approve the list of payments made in July: seconded by ~. Effron. Motion carried 5-0. -7- MINUTES REGULAR CITY COUNCIL MEETING AUGUST 17, 1971 ADMINISTRATIVE: aont?d. Approval of Bills Griffith g Moore - Attorney's fee Neptune ~4eter CO. Ward LaFrance Truck Corp. Russell g Axon Russell & Axon (Susik ease ) $ 1:850;00 3 ~ 34.0 ~00 36:975 ~00 4 ~4t4.89 3:732.38 Mr. E££ron moved that the bills be paid: seconded by Mr. Arehie, Motion carried 5-0. A D JOURNME NT Mr. Effron moved to adjourn~ seconded by Mr. A~hie. Motion carried. Meeting adjourned at 9~00 P. M, CITY OF BOYNTON BEACH, FLORIDA Forrest L. Wallace, Mayor Robert B.- E£f~on,~de May6r Attest. City ~rk -8- 01d L. B] MINUTES OF SPECIAL CITY COUNCIL MEETING HELD AT CI1~f HALL~ BOYNTON BEACH, FLORIDA, THURSDAY, AUGUST 5, 1971 PRESENT: Forrest L. Wallace, Mayor Robert B. Effron, Vice Mayor Mrs. Emily Jackson~ Councilwoman John L. Archie~ Councilman C. Q. Jones, Jr.~ City Manager Mrs. Tereesa Padgett, City Clerk With the consent of the 4 members of Council in a Workshop Session~ Mayor Wallace called a Special Meeting at 4:45 P. M. for the express purpose of considering the following Allen Insurance bills: $ 26,694.00 1. Comprehensive General Liability 2. workmenTs Compensation 24~529.00 The points in question had been satisfied since the regular meeting, and Mrs. Jackson made the motion Motion seconded by Mr. Effron and Meeting adjourned. Attest: city eld to approve payment of subject bills. carried 4-0. CITY OF BOYNTON BEACH, FLORIDA Forrest L. Wallace, Mayor Robert B. Effron~ 6~id~Mayor Mrs.