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Minutes 11-21-66~[INUTES OF -~ UI~d~ ~ETiNO OF CITY COUNCIL, HELD iN CITY H~J~L, BOYNTON BF~%CH, FLORIDA, NO~ER 21, 1966 AT 7:30 P.M. Walter A. ~%dsen, Mayor Frar]~ McCoy, Jr., Vice ~%yor J. Allison Banks, Councilma~ Charles~ N. Boos, Counci]~an Gilbert Collins, Councilman F. T. Kain, City Man~er Gone Moore, City~lttorney Tereesa Padgett, City Clerk Mayor Madsen called the meeting to order at 7:30 P.M. The invocation was given by Rev. Willard Thrash, First Baptist Church, and the flag salute was led bylaws. Beulah Holmberg, Counc~ stenographer. ~L%yor M~dsen recognized ~'~. Paul Mercer~ past mayor, and also Mr. James ~honey, past mayor. ~ll candidates present were introduced$ these were Mr~ Herb King, ~r. James Mahoney, M~. ~/~ichael and Mr. I~dsen. l~yor ~dsen asked the people to get out and vote. M/J[NUTF~ P~. Ba~ks moved for approval of the m~nu%es of November 7, 1966. Mr. ~Coy seconded, and it. was unanimously carried. It was suggested the approval of the minutes of the meeting of ~ovember 16, 1966 be postponed until the next meeting, since no one had a chance to read them. OLD BUSLN~S Further Discussion of Request for Beverage License - The Pub - ~O___0_ON.E. Second Avenue - Otis Estabrook ~. Boos moved to remove the request from the table. M~. McCoy seconded~ ~nd it was unanimously carried. Mr. Boos moved that the permit be granted. The motion failed for lack of a second. M~. ~cCoymoved that the application be denied, and that the list of complaints become part of these minutes. Mr. Banks seconded. Mr. B~nksistated his reasons for seconding the motion is because of the numerous complaintsreceived from this establisD~nent. The vote was 4 for and i against. ~. Boos cast the dissenting vote. ~. Collier, attorney for t~he applicant stated he thought he would be given time to present testimony. Moore stated that there was a statement, that if a hearing was necessary~ it could be held. Council does not feel it is necessary, -1- M~NUTES REGL~i~R CITY COL~CIL MME~TING NOVEmbER 21~ 1966 and they feel they have ample facts to Fake a decision. ~. Moors stated to Mr. Collier that administrative remedies have been e~hausted. Ap]o~~lte~rnate Me~ber to Civil S?rvice Board of Appeals ~. Banks asked if it was necessary to appoint an alternate before the first of January. Mr. Moore answered that it was not necessary. Mr. Banks moved that this appointment for an alternate to Civil Service Board be postponed until the first meeting in Janv~ry. McCoy seconded, and it was unanimously carried. Purchase of Right-of-Way - N.E, 6th Street from Casa Loma Blvd., to N.E. 2nd Avenue Mr. Kain stated that I~r. Rmy f~_len appraised this property for $1,900. This is an additioD~l 25' from Casa Loma north to N.E. ~nd Avenue. M~. Ka~u explained tD~t there is an easement Lu t~t land now but this is not the same as granting a r~ght-of-way. This v~ll overlay the easement. i~r. Madsen asked how much money is involved for construction. b~. Kain stated he did not have these figures before hLm, but thought it was approximately $1~O00. Mr. Lyman is asking $3,000 for the property. M~. Moore explained tb~t this appraisal is s~ply a fair market value, and if the city goes into condemnation there will be other court costs ir~olved, that would make it higher than $3~000. Mr. Boos moved to Lustruct the city attorney s~ud city manager to imple~ent the master plan by securing this right-of-way at a total cost of $3,000 and to proceed in due form if funds are available. }~r. Kain exolaS~aed that this will be charged to the contL~qency ftu~d as acquisition of right-of-way and the $1,O00 construction costs will come out of street f~ndso Banks seconded, and it was ~uuanimously carried. Reconsider Qr._dinance 66-15 - Fleck Rezoning Reques~ ~. Kain explained that ~. Fleck was granted a conditional usage on his property at 7~0 N.W. 2nd Avenue. On second reading of the ordinance, 66-16, August 15, 1966, the grant of conditional usage was made with the stipulation that construction wo~ld begin on the property within sixty days. S~uce it takes thirty days for an ordinance to become effective~ actnal construction should have started no later than November 15, 1966. As of that date: no permit has been requested, nor had any construction M~TES REGU~z~R CITY COUNCIL ~ETING NOV~T~ER 21, 1966 begun on a building in which to perform the work i~r. Fleck wished to do under the conditional usage. ~. Kain recommended that the ordinance be repealed, or to request ~. Fleck to show cause why the ordinance should non be repealed. ~. McCoy moved bo request ~. Fleck to show cause why the ordinance should not be repealed by December 5, 1966. ~[r. Boos seconded: and it was unanimously carried. PbSLIC F~UD~E Mr. Donald McKone, 718 Lake Shore Drive, came forward and stated he had talked several times to Mar. Kain ablaut the appointment of Mr. ~.~illiam ;~llan, as tax assessor and purchasing agent. He stated _~o Al lan did not take the civil service e_x~mination, and that he had checked this with two other members. Mr. [~chael Yotuugjohn, Chapel ~ill, c~me foz~.~-rd and stated he represents some of the senior citizens, He said the income of thes. e people does not gc up, but taxes continue to go up e~nd up, and it sho~id be stopped. He said there should be some other way of getting money instead of putting taxes on property~ He also asked when they are going ~o start work on Seacrest. Mayor ~dsen stated that this is a county problem, and not the city's. He added, ~. ~arren had promised that this work would begin ~ediately~ but it has not. ~. Youngjo.hn alee wanted to knowwhy the traffic lights could no~ be synchronized. He said this aggravates the tourists as well as the residents. He also w~uted to know why the 10% discount on sewer b~le was discontinued. Mr. KaLu bold M~. Youngjohnthat the city is tryir~ to get the lights s~nachronized. On the sewer discounts, M~. Kain told ~. Youngjohn that Comucil acted on this matter, and even though it amounts to only a small amount ~ndividually, it totals $1~.,OOO a year fcr the city, He stated at the time it went into effect, it was based on last year's water service and the city was in good shape, but the city is not now earning sufficient revenues to meet requirements. Water revenues fell below because of heavy rainfall and other factors are also involved in meeting the requirements. These were discussed extensively at the meeting on November 16th. M~. Harry Bam_~gartner came forward and stated he is promoting a new oiece of equipment that could be of use to the community. This equi.mment is an electric prowler guard for the home, and is priced so that the average person can buy it. M~IhruTTES REGULAR CITY COUNCIL ~ETING NOVEM~ER 21, 1966 l~Lr. _~dsen asked M~. Baumgartner to give Mr. Allan some particulars and he will pass it on to Mr. Kain. Mr. Joe Cooke, President of Boynton Beach Jaycees, came forward and stated that six tables have been installed at the park, and they are asking the city to provide waste receptacles. Mr. ~dsen asked~. Cooke to confer v~thMr. Kain on this matter. BUSINESS Y~. Doyle Hewitt of the Telephone Company explained the teletype con~Lunimations network recommended by the recent Grand Jury for police work. M~. Hewitt stated that it will cost $59.00 per month to provide this service and $20.00 connecting charge. He stated this service wJ]] reduce telephone service roughly SLO0.OO per year. ~tr. Kain asked Chief Thompson if this has his recommendation and he answered that he would recommend that the system be inst~.~ ~ed. Mr. Kain explained that there is a budgeted item of about $1~200 for telephone service. Mr. Boos stated he felt this would be worth,grille and would be a great aid ~o our law enforcement officers. Y~. Boos moved to install this system. Mr. Banks seconded. The vote was & For. Mr. McCoy abstained from voting. LEGAL Reso~utmon 66-TT rescinding Resolution 66-LL which was adopted on August 15, 1966, Abandoning S.E. 1st Avenue, between U.S. #1 and S.E. &th Street Mr. Moore read Resolution 66-TT. M~. Banks moved for adoption of Resolution 66-TT rescindiug Resolution 66-LL. Mr. McCoy seconded and it was unanimously carried. Emergency Ordinance 66-27 repealing l0 percenv discount on Sewer Bills paid within ten days Mr. Moore read Ordinance 66-27. Mr. McCoy moved to adopt ~uergency Ordinance 66-27. Mr. Banks seconded. ~. Banks svated that when this came up on the 16th he opposed it but he did not oppose it because he was not in favor of taking off the 10% discount, but thought more strenuous action should have been taken to correct the sewer rate problem before doing this one thing. The vote was ~ For and I Against. Mr. /~dsen cast the lissenting vote. Mr. Moore noted he had a mem¢ regarding the delinquent fire hydrant charge from Ocean Ridge, and it is the recommendation of the ciT--manager that this should be put in the hands of the ¥~TES REGULAR CITY COUNCIL lv~ETING NOVEMBER 21, 1966 court to get a judicial decree. Mm. McCoy so moved for this recommendation. Mr. Boos seconded. Mr. Boos s%ated thatit is a welt known fact in the city that one of our problem, s is lack of revenue /n the Water and Sewer Deps. rtments. The city built a $1½ million water plant ~thout raising rates, and Lu effect~ Boynton has the lowest water rate of any city in Florida that treats their water and provides as fine a product as the city provides. The fact that water rates have been as low as they have been, has given Ocean Ridge unfair advantage. Also, the Council was forced to spend approximately $87,000 to provide subaqueous crossings to Ocean R~dge. ~r. Boos said that we are forced to pay hydrant charges here, and they should ~y them. Mr. Banks stated that the bond covenant requires that $75 annual rental be charged for fire hydrant services~ ~.d the city should ge ahead and try to resolve this matter. Motion was unanimously carried. ADMINISTP~tT±¥E Application for Permit to Solicit: 1. United Fund - January i through Feb~aary 22, 1967. 2. Soropt4~4 st Club - sell candy November cud December. 3. Civitan Club - sell fruit cakes November and December. Seacrest Bend - sell all-purpose cleaner. Mr. Banks moved that all four of the above requests be granted ~ud fee waived. Fm. Boos seconded~ and it was unanimously carried. Mm. Kain asked authority to make the Christmas bonus payable Dec~T~ber 2nd. ~ir. Banksmoved that the request be granted. Mm. McCoy seconded. The vote was & For and I Against. .Er. Collins voting against the motion. The date and time to canvass the ballots cast in the primary election was set for Tuesday evening at 8:30 P.M. Mm. Boos stated he will be out of the city and wished that anyone of the members vote for him. Request for Reftuud cf Portion of Bid Bond - Trieste Construction C_qmpa~¥ V-~, Kain explained that Trieste Construction Company supplied a $2600 cash performance bond in connection with the sprinkler installation in the improvement of the municipal cemeteries. All of the first phase of the ~ork has been completed, and the contractor has requested release of a portion of that bond. ~ir. Kain recommended the release in the ~moun% of $2,000 of this bond. MINUTES REGUI~iR CITY COUNCIL MEETING NOFf~BER 21, 1966 Mr. Boos moved that $2,000 be released and $600 held until completion of the work. Mr. Banks seconded, and it was unanimously carried. List of Payments made iu October 1966 ~5~. McCoy moved to receive the list of payments and make it a part of the minutes. Mr. Banks seconded. The vote was ~ For and M~. Boos abstained because he did not have time to look thrum over. Apprcval of Bills lkllen Insurance ~qency $2,118.00 Boiler and Machinery - distributed as follows: General Fund: Ut ilit ie s: $582.20 - Activity 5600-~6t $1,18~.00 Water - Activity 6600-&61-1 351.80 Sewer - Activity 6600-~61-2 Mr. Kziu reco~mauded payment of the bill. ~tr. McCcy moved that the bill be paid. Mr. Banks seconded, and it was unanimously carried. Ad_air, Brady & Fishe $8~A9_2.50 Mr. Kain explained that this is for ~gineering sezvices perfornmd in the design, preparation of plans and specifications s~nd the preparation of the nscessary documents of agreement with the State Road Department for the oversizing of the outfall system on North Second Aven~s. Money is available from the proceeds of a loan secured by cigarette tax pledge which was validated Nc~ember 3, 1966. Mr. Kain reconmnended payment of this bill from loan secured from cigarette tax revenues after November 23, 1966~ M_r. Banks moved that the bill be pa~d as recommended. ~. Boos seconded, and it was unanimously carried. ThanksEiv~n~ Weeken~ M~. Kain stated he should be authorized by motion %o give the additional day on the Thanksgiving Weekend. Mr. Banks moved that the Friday following Thanksgiving would be included as one of our holidays and counted as one of our holidays. M~. McCoy seconded, and it w~ unanimously carried. It was suggested that the Personnel Director prepare the amendment to the Civil Service Rules stating that Friday following Thanksgiving will be an additional holiday, -6- ~TTES REGUI~R CITY COUNCIL MEETING NOV~LBER 21, 1966 DE P~d~T~NT REPORTS Mr. Kain noted in the Budget Report that the Water and Sewer Fund is growing and eventually will be put cna sound footirg. The General Fund is in very good shape. We have done very well 2n collections and held expenditures down. On page 3, the expenditures are within 1.~4% of what was expected, Mr. Kain gave credit to Council and employees that have been able to work within the budget so closely. Mr. Banks asked which cars are beiug replaced in the Police Department. Chief Thompson stated cars 3, 7 and ~. was decided to hold approval of Reports over unt~ Tuesday nigh. OTHER ~h~. Boos noted that people are paying high sewer rates and low water rates, but the two are intermingled to arrive at a total revenue. Because of that, and because water rates ~re so low, if we raise the water rates and Ocean Ridge pays their fair share on the water rates, it would follow that w~ could lower the sewer rates and have the same income. ~. Banks stated that the citywas given 60 days to go ahead with a rake study~ and he ~nted that before wa make any plans to increase the rates. ~s. Padgett stated ~.~. Senkpiel requested Mr. Harry LaForte as a po~l watcher~ and Mr, Hester requested Mr. Benjamin CaLm as poll watcher~ Mr. Boos moved for approval of these poll watchers. Mr. Ba~s seconded, and it was unanimously carried. MEETING ADJOURNED. Walter A. ~dsen, Mayor · Attest: Te~ eesa Padg~, City Clerk -7- ~ ilman