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Minutes 02-16-70~iN~TES OF REGULAR CITY C~iNt~L ~ETING HELD AT CITY HALL~ BOYNTON BEAC~ FLORIDA~ MONDAYs FEBRUARY 16~ 19'70 AT 7:30 P.M. PRESENT: Thomas A. Summers ~ P~yor Forrest L. Wallace~ Vice Mayor Mrs. Emily M. Jackson: Councilwoman Michael V. Michael~ Councilman Leonard E. Nylund~ Councilman Invocation and Flag Salute was led by Leroy Harris ~ Commander American Legion Post 288. Gene Moore~ City At~corney Harold Hopkins~ Acting City Mgr. Tereesa Padgett, City Clerk Special Guests ArdyWittkop~ Vice President Leisurevilte Homeowners Organization. MINUTES- Rq.gular Meeting - Feb. 2, 1970 Mr. Wallace moved and M_rs. Jackson seconded that Minutes of February 2nd meeting be approved as written. Motion carried 5-0. ~UBLIC AUDIENCE Thomas M. Russell, Better Business Bureau: Palm Beach County, asked if Section 1 and SectiOn 2 of Leisurevi!te declared a condominium or a subdivision of Boynton Beach. The City Attorney replied that it %~s a subdivision. Mike Youngjohn, 815 Chapel Hill B!vd. - Suggested that the traffic lights on Feb. Hwy be synchronized. He also felt the Chamber of Commerce should be self supporting and City should not contribute to its support. Mayor stated the money goes to advertise Boyn~on Beach. Mr. Youngjohn also felt people in Hamshi~e Gardens and Sterling Village should pay more taxes and garbage and sewer fees rather than place burden on individual home owners. Ward Sturgis~ 128 N.W. 10th Ct.~ Leisureville - Requested investigation into use of property behind NW 10th Court. He re~erred to 4~ acre tract owned by N.R. Fields. It is zoned residential but is being used to sell off top soil. Trucks and payloader moving soil is causin~ ~ch distress to homeowners. He referred to Keatts Trucking Co. that own the top soil and is selling it for commercial purposes. R. B, Vastine, 132 Leisureville Blvd. - He said he too %~as distrubed by same condition as mentioned by Mr. St~rgiS though he did not know he was coming to council. He referred to this as a public nuisance. He Spoke for 22 people on Leisureville Blvd. BIDS - OPENING 7:~5 P.M. Mr. Michael moved that receiving of bids be closed at 7:45 P.M. Sec- onded by Mr. Ny!und and Motion carried 5-0. Mr. Michael moved that se%~r bids be received until 8 P.M, Motion sec- onded by Mrs. Jackson and motion carried 5-0. - ! - ~IN~TES REGULAR CITY COLINCIL ~EETING FEBRUARY 16, 1970 Seven. (7) hobzle Radzos General Electric Motdrola R.C.A. 3~240~ 5~220. ~.~r. Michael moved that bids for seven radios be t~rned over to Tabu- lating Committee for recommendation and return to council. ~otion sec- onded by Mr. Wallace and motion ca~ried 5-0. Annual Supply of - Chlorine Apperson Chemicals ~ Jacksonville Thompson Hayard Chemical Co. ~ Atlanta Picard Chemical, West PaLm Beach Allied Chemical, Miami Mr. Michael moved that bids be turned over to Tabulating Committee for further recommendation and return to council. Motion seconded by Mr. Wallace and motion carried 5-0. Cold Mix & Aspllalt Type 2 Rubin Const-~uction: West Palm Beach Dixie Asphalt Co. ~ West Palm Beach Gasoline & Oil Standard Oil Co., Jacksonville Seac~est Petroleum, Boynton Beach Gulf Oil, Miami Texaco, Inc., West Palm Beach (No bid) Sun Oil Co., Jacksonville Cast Iron & Galvanized Pipe g Fittings B g H Sales: Inc., Lake Park McWane Cast Iron Co., Birmingham, Ala. H S Pipe & Foundry Co. ~ Birmingham, Ala. Clow Corp. · Birmingham, Ala. M & H Valve, Annist~n, Ala. Southern Metem g Supply· Lakeland A & B ~tility Supply, Hialeah American Cast Iron Pipe Co., Orlando Certain-Teed Products, Palm Springs Mr. Michael moved that the receiving of bids on the Sewer~ Treatment Plant be closed. Motion seconded by ~irs. Jackson and motion carried 5-0. - 2 MINUTES REGULAR CITY C0~NCIL ~EETING FEBRUARY 16, 1970 Gal. g Cast Iron Pipe g Fittings- Continued Southern Mete~ & Supply Co.: Lakeland Davis Meter g Supply, Denis Peninsular Supply Co. ~ West Palm Beach E g H Sales~ Lak~ Park Smith B!air~ Texarkana~ Tex. A g B Pipe & Supply, Hialeah G.S. Steel Corp.: Delray Beach Mue!ler Co. ~ Decatur, Ill. Shell Rock Ed Clanton Trucking Don Reeves T~ucking Tires g Batterig.s Boynton Auto Supply Inc., Boynton Beach Autopboduets~ Inc.~ Boynton Beach DonTs Firestone, Boynton Beach Richard Beiter, Lake Worth Mr. Michael moved that the entire bids aforeread be turned over to Tabu- lating Committees for ~urther Decommendation and study and return to Council. Motion seconded by Mrs. Jackson and motion carried 5-0. Sewer Treatment Plant Expansion Overland Construction Co.: West Palm Beach C. F. W. Construction Co., Fayettevi!le, Tenn. Intercounty Const. Corp.: Ft. Lauderdale Wakeman Const. Co., Palm Beach Widell Assoe.~ Inc.: Ft. Lauderda!e Tech Corp.~ Lakeland, Fla. Lee Const. Co., Sanford Darqell Const. Co., Ft. Lauderdale Peterson Const. Co.: Lakeland, Flao Mech g Equipment Co., Brandon, Fla. Mr. Michael moved that bids be turned over to Tabulating Committee and return ~ecommendation to council. Motion seconded by ~rs. Jackson and motion carried 5-0. AWARDING ~rains~ Trailer.s g Contain. ers Mr. Michael moved that the recommendation of the tabulating committee to award bid tO Rowland Truck Equipment Co. in amount of $128,050.55 be accepted. Motion seconded by Mr o Wallace and motion carried: Mr. Summers voted No. Mr o Nylund abstained. - 3 - M%NHTES REGHLAR CITY COUNCIL MEETING FEBRUARY 16~ 1970 Awarding - continued Four (4) 3/..4 Ton Pickup Trucks Mr. Wallace moved that bid be awarded to Benz Chevrolet in amount $9,099. Motion seconded by Mrs. Jack, on and motion carried 5-0. One (1) Vacuum Sweeper Mr. Michael moved and Mr. Wallace seconded to accept recommendation of Tabulating Committee to buy s~eper fromDeBra T~uck & Equipment Co. i~ amount of $1,795.00. Motion carried 5-0. Resurfacin~ Tennis Courts Mrs. Jackson moved to accept recommendation of Tabulating Committee and award bid to Budge Tennis Corp., Miami. Motion seconded b~ Mr. Wallace and motion carried 5-0. PUBLIC HEARING Consider annexation & zoning classification - Oliver Land Co. parcel. Mr. Ed Duffy~ Jr. and Mr. Fronrath, Rea!tors~ represented Mr. Father of Pompano Beaeh and they later introduced Mr. Wooley, another repre- sentative of Mr. Parbem~ who explained the development of shopping center is a little bit in the future but so far as development of additional land he said he had already started by meeting with AetJ_ng City Ma~age~ and Building Inspector. No one opposed this request. t~. Moore read Ordinance 70-4 requesting annexation. Mr. Michael moved that Ordinance 70-4 be passed on first reading; sec- onded by Mr. Wallace and motion carried 5-0. Consider requests for chan~e in zoning: Parcel No. ! - E ~ o~ Gov. Lot 12, Less S t75~- Ac. Sec. 3~-45-43 Address: COm. of S.W. 3rd St. & 2$rd Ave. Request: R-1AA to R-3A Applicant: Hiqh Point Builders, Inc. (Stanley Tare) ~s. Fry, S.W. 25th Ave. made inquiry of Mr. Tare if they would spare the trees. He ~eplied by stating that he had developed Royal Oak Hills in Boca Raton and is thoroughly sympathetic withher idea. She replied no objection - there were no objections or objectors. City Attorney then read proposed Ordinance 70-5. - 4 MI~UdTES REGULAR CITY COUNCIL MEETING FEBRUARY t6~ 1970 Mr. Nylund moved that Ordinance 70-5 be passed on first reading. Motion seconded by ~. Michael and motion carried 5-0, Parcel 2 Acreage Parcel Sec. 22-45-43 Address: 1114 N. Fed. Hwy Request: R-5 to C-1 Applicant: ~,~rs. Gv~ndolyn Maloney Mr. Michael moved that this request be referred to Board of Adjustment seconded by Mr. Nylund and motion carried 5-0. Parcel No. 3 - Acreage Parcel - Sec, 29-45-43 Address: S.E. Cot. o£ Congress Ave. & S.R. 804 Request: To allow conditional use for Service Station Applicant: Sun Oil Co. Sun Oil Company represented by Floyd Worthen requested conditional use for service station at Corn. of Congress & S.R. 804 (S.E, corneT) There were no objections or objectors from audience. Mr- Michael moved the request be denied; motion seconded byMr. Wallace and motion carried 5-2. Mr. Nylund and Mr, Summers voted No. Parcel No. ~ - Lots 55 thru 61~ Lakeside Gardens Address: 2624 N. Fed. Hwy Request: To allow conditional use ~or Trailer Sales. Applicant: Amos Hudson There were no objections or objectors present. Mr. Michael moved the granting of request. Motion seconded by Mr. Wallace and motion carried 5-0. Parcel No. 5 - Acreage parcel - N-E. Cot. of U.S,~t g S,E. 15th Ave. Address: 1520 S. Ped. Hwy Request: To allow conditional use for Service Station Applicant: Shell Oil Co. A representative of Shell Oil Co. requested conditional use for service station at 1520 S, Fed. Hwy. There were no objections or objectors present. Mr. Wallace moved that the request be denied. Motion seconded by Mrs. Jackson and motion carried 3-2, Mr, Ny!und and ~r. Summers voted No. Mayor Summers stated that since 1-95 is coming through he felt a good service station would be an asset. - 5 - MINUTES CITY CXTdNCIL P~ETING FEBRUARY 16, 1970 Parcel No. 6 - Acreage parcel - N.W. Cot. of Congress g S.R. 804 Address: 301 N. Congress Ave. Request: To allow conditional use for Service Station Applicant: Standard Oil Co. Mr. Floyd Worthen reappeared representing Standard 0il for a conditional use for service station at N.W. corner of Congress and St. Rd. 804. ~. Sarno advised that drswings were on file with Building Dept. John Adams, Attorney, stated L.W. Drainage had no objection to this request for var/ante. Mr. Wallace moved the request be granted; seconded by Mrs. Jackson and motion carried 5-0. City Attorney read Ordinance 70-6 granting conditional use on Parcel 4 and parcel 6. Motion made by I'4~. Michael to pass O~d. 70-6 on ist reading. Motion seconded by ~;ms. Jackson and ca~ied 5-0. Mr. Alfred .Shepard~ Fiscal Agent stated Moodyts rating is just a faint notch better than Standard & Poor in regard To sewer t~eatment expan- sion. Moody rated City of Boynton Beach B-AA and Standard & Poor rated BBB. He presented his proposal in three points. i. Analyze water and sewer finances to see if %~ter and sever bonds are in a position of being rated on satisfactory basis for market. 2. His ~irm would make offer to purchase bends. 3. tf City buys administrative pmovisions, he stated, we will get to the point of what the borrowing cost to City would be on bonds. This is $800~000 series maturing in 11 years. He would like to name the bank or banks at which These bonds will be payable. He agreed to deliver $t6,000 cashier's check to cover damages if they fail to perform. After discussion it was agreed that the city has till 5 P.M.: Tuesday~ Feb. 17th to decide on this offer: of $784~880. 1970 - 1975 6.50% 1979 6.40% 1976 6.5 1980 6.50% 1977 6 · 5 1981 6.50 1978 6.50% and on this basis, City would pay $15~000 fee for 6.46 effective inter- est rate. - 6 - MINUTES REGULAR CITY COUNCIL ~ETING FEBRUARY 16: 1970 LEGAL ORD]H~ANCES - !st Reading_ No. 70- - Sign OrdLn, ance (On the table) Left on the table Consider Emergency Ordinance re. P. erformance Bonds Mr. ~fichael moved that (Y£dinanoe 70-3 be passed as an Emergency Ordin-~ ance. Motion seconded by Mrs. Jackson and motion carried 5-0. RESOLUTIONS City Attorney read proposed Resolution No. 70-C with reference to paving N.E. 7th Avenue at N.E. 7th Street. Mr. Michael moved that Resolution No. 70-C be passed; seconded by Mr, Wallace and motion carried 5-0. OTHER ~ss County Control (On the table) Left on the table. Discuss Membership in Pal~,~ Reach CounT/ ~knnici~al Lea,que. ~,~s. Jackson said she had attended a meeting which she enjoyed very much. }~s. Jackson moved to table this item; seconded by Mr. Wallace and motion carried 5-0. OLD BUSI~E,S~, Consider request of ~,~s. George Eckert ~or Extension of sewer se~viee,(On the table~ .,, Mr. Miehael moved that this item be removed from table ~or discussion; seconded by Mr. Wallace and motion carried 5-0. ~iu. Michael made a motion that the Eckert request be denied; seconded by ~rs. Jacl~on and motion carried 5-0. Consider request for change in zoning - Vanqu~rd Development Corp. (,On the table) Mr. Michael moved that this request be removed ~rom the tab!e~ sec- onded by ~. Wallace and motion carried 5-0. There %~re objections from the floor as ~ollows: - 7 - MINUTES REGUI~R CITY COUNCIL P~ETING FEBRUARY 16, 1970 Victoria Castello, 145-147 N.E. 4th Ave. - mead a letter %,~itten to FHA indicating a man %~uld have come up' from Miami but Mr. White had not been in contact with him. FHA man said ha ~ould need just one day notice. She had petition with several names on file. Ceci% Jones, 604 N.E. 2nd St. - he objected because of the density. He complained about apartments at N.E. 6th c~eating a traffic problem, and that streets are not adequate now. Sewers are not adequate and feels this would downgnpade the area. Ezell Hester~ 1106 N.W. 1st stated he wondered~about the objections. He wondered if the objections are real or are ~they fake because they think there might be negroes. He said Rev. Lee tried to get the p~o- perry too. John Pender - I live 80' from that place on 6th Ave. He said?'~nyone moving in this place would be blasted out by the noise on 6th from the apartments. Eddie Mitchell - Every time he is at council he hears that %~ are not ready ~or this or for that. He said it was about time they get ready. L. B. ~nite: 730 Shore Drive - Any mess we have in Boynton is due and related to white responsibility. Any. density p~oblem in Boynton is. a matter o~ overpopulation to the extent of at least three people. Mr. Michael moved the request for change of zoning by Vanguard be denied. He said this man doesn't ov~ this property they have a contract with a realtor to get it zoned and the people are opposed to it in the area. Mrs. Jackson seconded the motion and motion carried 4-1. ~ip. Nylund voted No. Discqs_s Bus ,Franchise Mr. Tomberg said he was waiting for council to approve the schedule. Buses will start at Kwik Chek, North O0 Village Royale, Four SeaSuns, West to Seac~est, South to Hospital and High Point, Post Office and to 23rd at Lui~i's; it picks up Hampshire Gardens, Sunshine Shopping Center: Sterling Village and back to Kwik Chek; then reverse the route. He said Leisureville is now omitted because they will have their own bus. He said he was negotiating with Lions Club to buy their benches for bus stops. No ads to be on benches. He anticipates buses to run 7 - 7. It was felt the Chigf of Police should tell council if the area is safe to discharge passengers as outlined by Mr. Tomberg. Mr. Michael moved the action on bus franchise be tabled until additional infoztnation is available. Motion seconded k~7 ~.~ir. Wallane and motion carried 5-0. - @ M~dTES REGULAR CITY COUNCIL I~ETING FEBRUARY 16: 1970 Consider requests of Caldos .Properties, Inc.- re Letters l~ceived and transcript. . [~. Wallace moved that Caldos be permitted to purchase a copy of the transcript of the hearing which council held with residents of Leisure- ville and also copy of letters and that a bill be enclosed with the requested items, l~otion seconded by ~h~. Michael and motion carried 5-0. ~Ew BUSINES.S, Consider fencin~ .Pence Park - ,qr. Michael moved that the item of fencing Pence Park be removed from agenda. [~otion seconded by Mr. Nylund and motion carried 5-0. Bids to be returned to ~.M. Jones. ADMI~ISTP~TIVE Receipt o~ Plat 4-A - Leisureville [,~. Rossi stated the association owns the lake. Mr. Moore advised the ordinance reads that in ~he event of any proposed development with any private waterways that there would be a reservation of obliqation ~o maintain it on the part o~ the developer or his assigns. The develope~ is placing this obligation on Leisureville community~ Inc. which will be o%.~aed and maintained by people of Leisureville. ~ir. Wallace moved that Mr. Rossi get together with City Attorney and iron ou~ wllatever problems are here at some later date. Motion sec- onded by Mrs o Jackson and motion ca,tied 5-0. Conside~ feasibility study for water g sewer - Reserve Area Requests from Royal Mano~ Mobile Park and Southern Pines necessitate something being done on this item. ~. Michael requested ~.lu. Hopkins to approach Russell g Axon about making a proposal to study the Pesemve area. Motion seconded by l,~s. JacP~on and motion carried 5-0. Consid,er request for Broc!amation Mayor of Lake Worth suggested P~oclamation pertaining to busing of school children. Mr. Michael moved that the Mayo~ be authorized to issue a similar Proclamation. S~conded by ~s. Jackson and motion carried 5-0. -9 - REGULAR CITY CO~CIL MEETING EEBRLLARY 16 ~ 1970 %pprovat of Bills Russell g Axon Benz Chevrolet Brod~way, ~.~n g Anderson Executone $1~577.39 11,559.00 1,117.29 997.85 h~. Michael moved that all b~3l~ be paid as presented. Plotion seconded by ~rs. Jackson and motion ca~ried 5-0. OTHER Mr. Wallace moved that council meet with Building Department as soon as possible and suggested after the 3:50P~eet~ng with the Fiscai Agent, Tuesday~ Feb~uamy !Tth. It %~s agreed to con~aet the Project Engineer at Leisurevitle, b~. Manning and hold this meeting. ADJOUPd~NT Meeting adjourr~ at 11:30 P.~5. ATTEST: CITY OF BOYNTON BEACH, PLORIDA /~May or Forrest L. Wallace~ Vice Mayor Councilwoman tel ~ Councilman ~eoh~r~ ' E · Nylund, C u~ ~ 10 -