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Minutes 12-05-66HELD IN 0ITY NAIL~ DEC~ER 5, 1966 AT 7:30 PP~SENT: Walter k. M~dsen~ ~yor Frank J. l.~icCoy~ Vice M~vor J. ~s.on.Bard~s, Councilman Charles N. Boos, Councilman Gilbert Collins, Councilms~ F. T. Kain, City ~4anager Tereesa Padgett, City Clerk Gene Moore, City Attorney The meetLug ~s called to order hy Mayor N~dsen at 7:30 P.M. The invocation was given by Rev. Robert ~L~y, St. John's Methodist Church and the flag salute was led by Councilmen Charles N. Boos. Mayor ~Zaadsen recognized ~Lr. James Mahoney, past mayor. ~L~yor l~adsen said he had asked ~[r. Schecter and ~r. Rappaport of the Hamps~uire Gardens and Sterling Village to visit tonight. They were unable to be here but he w~ted to remind the people tD~t these two gentlemen have done a wonderful job for this city. Maser ~adsen stated a month ago he was authorized by the City Council to ~make a trip representing the City of Boynton Beach as mayor at Las Vagas, and that after he saw the bill which involved the flight, etc., he did not go. Mayor ~dsen then asked for recognitio~ of City Manager, ~[r. F. T. Kain. He then made a statement requesting the people not to bring up the election as he vould not permit it. Mr. Kaiu then read from a document which was his official resignation and requested that this be made part of the minutes of this meeting. ~iayor l~dsen then asked the members of the council if they led any comments relative to this matter and each member individually expressed their sincere regrets regarding the resignation of ~. Kain. Mr. Banks made a .motion that the council accept the resignation and statement and to make this part of the minutes. ~. McCoy seconded and with regrets it was unanimously carried. Mr. Banks recommended that Mr. McCoy be appointed to arrange an appropriate get-together honoring ~. Kain sometime between now and December~ 22, 1966. -1- MI~JTES REGUIAR CITY COUNCIL MEETI~ DECEMBER 5, 1966 .MI~JTDS Mr. Banks moved for approval of minutes of November 21, 1966. ¥~r. McCoy .seconded and it was unanimously carried. Mr. Banks made a motion to correct a misspelled word in the minutes of the Special City Council Meeting of November 22, 1966. The word "made"should be changed to '~ake" which was located under Determiuation of Dress for Board Dinner. The motion was seconded by Mr. McCoy and carried &-l, Mr. Boos abstaining from the vote. OLD BUSINESS: Further Consideration of Ordinance 66-15 Re Conditional Usage of Fleck Property - 730 N. W. 2nd Avenue According to the previsions of the ordinance, work on the building was to begin on or before November 15, 1966. By Council action Mr. Fleck has been asked to show cause on or before meetiug time December 5, 1966 why the ordinance should not be repealed. ~r. Fleck was not present at the meeting but a letter had been received by the council from Mr. Walde, builder for Mr. Fleck, stating he had encountered some difficulty in financing the building he had anticipated. k definite date could not be ~iven when it would be started. ~r. Banks moved to repeal Ordinance 66-15, seconded by Mr. McCoy and it was unanimoUSly carried. BIDS A. Opening 1. Four Mobile Radio Units These bids were taken with the stipulation that four cid er models will be taken in trade by the bidder. Mrs. Padgett stated they had received three responses to the bids, as follows: I. No bid from R.C.A. 2. First proposal from General Electric, ¥~iami, Florida: $2,260 Less trade 220 Net Price ~ Second proposal from Motorola, Inc., Boynton Beach, Florida: $1,836 Less trade 57Q Net Price $1,266 ~tNUTES REGULAR CITY COUNCIL MEETING DEC~ 5, 1966 MX. Boos moved t~at these bids be turned overI to the proper authorities~ seconded by ¥~. Banks and it was unanimously carried. Nr. Kain stated there was quite a di£ferenc~e in the prices. It ~as decide~ to che~k_ this o.ut..with?abut~?~io_~n~s ~dectric recC~mnendations. The representative ~rom ~enera~ ,.,~ .... ~ ~_~t at the meeting, pointed out there ~as a dif2~rence in ~he w~tt units, themr's bezng ~5 watt units as comDared to thel5 watt unite of the others, and that General Electric does not Eake anything less than a 35 watt unit. NEW BUSINESS Mayor ~{adsen announced that they wanted to advertise for a new city manager. Mr. Bank~ moved tc instruct the city clerk to place an advertisement for a city manager, seconded by ¥~. Boos and it was unanimously carried. N~yor Madsen stated that a permit was requested this afternoon for a loud-speaker. Mrs. Padgett was contacted and no permit had been isSUed. Authorization was secured from Mr. Banks and Mr. McCoy and it was granted without fee. Mr. McCoy moved for the acceptance of this permit for a loud-speaker, seconded by Mr. Boos and it was unanimously carried. Ordinance 66-26 - DeclarLng Intent to Annex Annan Tract Second Reading Mr. Moore read the second reading of Ordinance 66-26. Mr~ Boos moved it be passe, d for second reading, seconded by ~r. McCoy and it was unanimously carried. Resolution 66-gU - Establishin~ a Trust Fund Acconn~. ~. Moore re~d Resolution 66-UU. Mr. Bauks moved for adoption of Resolution 66-~, Mr. Boos seconded and it was unanimously carried. -3- ~LINUTES REGULAR CiTY COUNCIL MEETING DECEMBER 5, 1966 Request for Conditional Use - Lots 125, 126, 127 and E. 30' of Lots 128 and 129~ Lakeside Gardens -.'George Burgelin F~yor {~dsen asked Mr. Burgelin to come forward and he then asked if he could arrange to have the existing house removed in less than 12 months. ~Ir. Boos ~anted to know if the house could be converted into an office, and Nr. Burgelin stated that it could. Mayor Madsen, Mr. Boos and Mr. Bttrgelin then engaged in a discussion regarding the drainage problem, paving, etS:, and assured Mr. Burgelin of their desire to cooperate within their power. Mr. Banks made a motion the re,quest be granted ~ accordance with the Planning and Zoning BOard's recon~nendat!ons, seconded by Mr. Boos and it was unanLmously carried. Mr. Moore read the first read'~ng of Ordinance 66-27 dated December 5,. 1966. Mr. Banks n{oved to accept Ordinance 66-27, seconded by Mr. Boos and it was tmanimously carried. PDq~LIC AUD~NCE ~lrm. Emily Jackson, 728 N.E. 9~h Avenue, ~Lr. Michael Youngjohn, 815 Chapel Hill Blvd., and Mrs. Thompson came fo~ard and individually expressed regreta relative to the resignation of }~. Kain and wished him success and happiness in his new position. Rev. Robert May, Orange Street, came forward inquiring about the possibility of some action on m park in the 3300 block of Seacrest Blvd., on the west side, which wottld include plantiug some trees and perhaps dividi~ the abandoned playground equipment from the Rolling Green Park. Mr. Hank Thompson came forward inquiring about the possibility of obtai ~ning payroll deductiorm for the United Fund Drive. Fmyor Madsen stated this matter had been discussed at the conference and decided against. Mr. LaForte came forward and ~sked if Mr. Henderson had received severance pay when h~ left. He stated that Mr. Kain certainly deserves it. Mayor Madsen stated it had already been taken Luto consideration. MINUTES REGULAR CITY COUNCIL ~ETING DECEMBE~ 5~ 1966 LEGAL Abat~t of Nuisance - Lots 53 and 5&, Dewey's S/D ~. Moore stated this was an item south and west of the bridge, and constituted a nuisance. It would cost $~0,0OO to fill it in at this time. He further stated they had tried to resolve this matter with the owners for the past year without success. The oW'alternative now is toq~-a-. ~/ ~et and after that is done, plaoe a lien aga~ns~ the iar~d. Mr. Banks suggest.ed we .proceed to get the legal picture cleared up and eliminate the health hazard here. A discussion relative to the amount of fill ~needed ensued between the members of council and then l~yor ~V~dsen recommended that ~ir. Kain investigate the matter further. Resolution 66-~V Commemorating the Memory of Sgt. Daniel Bennett, U.S .M.C.R Mr. Moore read Resolution 66-W. ~ Banks moved for adoption of this resolution, ~Ar. McCoy seconded and it was unanimously carried. At this time there was a five minute recess, ADMINISTRATIVE Request for Transfer of Beverage License - 1905 South Federal Hishway from John Haley to Tor .Nyman Mrs. Padgett stated that everything was in order regarding the above-mentioned transfer. }~ McCoy moved the request be granted, seconded by Mr. ~nks and it was unanimously carried. Determiue time to canvass the ballots Mr. Banks moved that council set time of 12:30 P.M., %~ednesday, December 7, 1966 for this purpose, seconded byMr. Boos and it was unanimously carried. -5- MINUTES . ~EGUL~R CITY COUNCIL ~ETING DEC~.~ER 5~ 1966 Discussio~n o£ Waiver of Sewer Connection CharE~ Mr. Kai~ stated this sewer connection charge does constitute incon~ to thesystem and that they had used this waiver as an inducement to get thes~ nbtLconnected. Inview of the recent efforts made to strenEthen, the water-sewer s~s$~m, it is income they ~ould ord~arLly hot have. He further stated he f~ the cSurse of h0tii~ the owners of subject properties that they w~11 have 90 days tO connect without bharge will help greatly to spe~d~Pt~e connection, andlf, council will re~confirm~his, we wilLgo ahead and mail the'letter origi~ally.~.~scussed, t~ge~e~.with a coPY of the letter ~ho~the Board eE He~ltk~ ~ an of the affebted p~?pertieso NLr. McOoymoved ~o re-coh~i~mthe' original in§tru~ons to ~. Kain, seconded by Mr~ Bahks a~d it was unanimously carried. ReDort on .P~oE.r~..s~ of Rate St~ ¥~. Kain stated ~. Hays of Russell and Axon has begun his prel~narywork necessary For the preparation of the rate study. He said. he had alsocont~cted Development Consultants, Inc., of Orland% Florida, fcr the tabulation work whichw~11 be necessary to ~e this stndy.. The totsl price of this study is $~800 d~sbr~buted as fOllo~. Russell &Axon $2,~00 Dev. Consultants 1,500 $~,800 Because of the time requirements, he stated he felt it was essential that the tabulation be done by a firm that offers the service Development Consultants, Inc., does. The complete data processed tabulation can be commenced within two or three days of authorization and can be completed within three weeks. He stated he would like to request authority to authorize both of these proposals so that the workmay continue and be completed within the time agreed upon with Bachs & Co. ~Lr. Banks moved that this recon~nendation be carried out, NAr. McCoy seconded and it w~s unanimously carried. Establishment of Holidays in Accordance with Civil Service Rules Article X, Section 5, paEe 33 Mr. Hain stated he would like to recommend that December 23 and 26 be designated as the days to celebrate Christmas Eve and Christmas Day and that Monday, January 2 be designated as the New Year's Holiday in accordance with the same section. -6- MI~JTES REGULAR CITY COUNCIL ~ETEG DEC~ER 5, 1966 He further stated that a decision should be reached at this time establishing the time £or the first meeting in January, which would ordinarily fall on the first Monday, which is January 2. P2r. Banks moved to accept the city mauager's recommendatisn regarding the holidays and also ~hat the first council meeting be held on Janua~Y 3, 1967. Mr. McCoy seconded and it was unanimously carried. Presentation of Assessment Rolls - Demolition Resolution No. 66-~DD . ¥~. Moore recommended that w~e set an assessment roll which was prepared b2 the city clerk, and that it be set for the second meeting in January which would be January 16, 1967. Mr. Boos moved that this be done, seconded by Mr. Banks and it was unar/mously carried. ADproval of Bills Chamber of Commerce This bill is in the total ~_mount of $531.07 and represents the expenses for the month of November, 1966. Distribution of these costs are as follows: Activity 7000-!a $ 60.00 " lc BOO .00 ,i !d 271.07 Mr. Kain recommended payment of the bill. Mr. Banks moved t~at the bill be paid, seconded by Mr. Boos and it was unanim, ously carried. Florida League ~f Municipalities - Membership dues 66-67 This membership ie in the total amount of $250 and charged as fo!lov~: Activity 18BO-&~O $300 " 6100-~40 150 ~{r. Kain recommended payment of the bill. Mr. Boos moved that this bill be paid as recommended, eeconded by l~r. Banks and it was unanimously carried. -7- ~NUTES REGULAR CITY COUNCIL ~L~'~G DECE~ 5, 1966 Fiual Bill - Intercounty Const~action Company for Repair Roll~u~ Green Sewer System This %ork has been reviewed and certified by Russell & Axon~ Consulting Engineers. This final b~ll is in the amount of $!1,632.19. This amount is $2,~16.68 less than the contract. Mr. Kain recommended payment of the bill. ~. Boos moved the bill be paid as recommended, seconded by Mr. Banks and it was unanimously carried. Finst Bill Russell & Axon for Services rendered - Repair ~RolLin~ Green Ri__d~e Sewer S~vstem This is the final b~11 for this work and is in the total amount of $235.57. Mr. Kain recommended this hill be paid. M~. Boos moved on this recomendation, seconded by Mr~ Banks and it was unanimously carried. Meeting adjourned. Attest: Tereesa Padgett, City Clerk Walter A. Madsen, -8- OFFICIAL STATEMENT OF F. T. BLAIN UPON NIS RESIGNATION AS CITY MANAGER OF THE CITY OF BOYNTON BEACH, FLORIDA I would like for the following to be considered as my official statement on my resignation from the service of the City of Boynton Beach. I handed to the City Council my resignation on Friday evening, December 2, 1966. It was my intention that this resignation would be formally accepted at the regular meeting of the City Council on December 5, 1966. Although the event might seem precipitous and timing may lead to speculations that my resignation might help or harm individuals concerned with the affairs of the city government, there was absolutely no intention on my part to do so Decisions on the course one's professional career should follow are based on a number of factors. These, of necessity, must always be carefully considered before steps are taken to alter or change that course. They must always be made without influence by animosity or personal attachments. I want it clearly ~p~erstood that animosity and personal attac~uents are not factors in our decision. We have carefully weighed all factors which have led to our decision and have now taken the course indicated. Z believe the best interests of the citizens of Boynton Beach and our own personal interests will be served thereby. Anyone who bea~s management responsibilities i~ his work must recog- nize the attitudes that may affect tho~ decisions. If these are likely to change, then steps must be taken to assure the highest possible degree of harmony in future acts. Z believe that change, which is an essential ingredient in our society~ is imminent and I acted accordingly. This belief is the paramount reason for my decision. Recent public writings would leave the impression that I would take sole credit for our accomplislnnents and would di~ciaim any respon- sibility for those problems which still challenge us. This is not correct. I want to acknowledge the positive role of not only this Council, but also of past Councils and past administrators. I want also to recog~nize the efforts of all employees which have benefited Boynton Beach. No one individual can be designated as the key to our successes and our growth° Our present stature is the result of community spirit. It is my fondest wish that those whom our lives have touched will feel a sense of good. We want it known that our feelings reflect this, that all those in the community with whom we have lived and worked have blessed our lives. For this we are deeply grateful. FTK: jp F. T. Kain DeCember 5, 1966