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Minutes 09-19-66A C MINHTES OF REGULAR MEETING OF CiTY COUNCIL, HELD IN CITY HALL, BOYNTON BEACH, FLORIDA~ SEPTEMBER 19, 1966 at 7:30 P.M. PRESENT: Walter A. Madsen, Mayor Frank McCoy, Jr.~ Vice J. Allison Banks, Councilman Charles N. Boos: Councilman Gilbent Collins, Councilman F. T. Kain, City Manager Gene Moore, City Attorney Tereesa Padgett, City Clerk Mayor Madsen called the meeting ro order at 7:30 P.M. The invo- cation was given by Mr. J. Allison Banks and Mr. Gens Moo~e led the flag salute. Recognition was given to members of the Library Board. Those present were: Mrs. Nan Gold, on, Mrs. Mildred ~%ite~ Mrs. Clorice Keatts~ Mrs. Kathleen Kirton: Mrs. Lottie Pierce, Mrs. Estelle Sabot and Mrs. Janice Wertz. Mr. Banks made a motion that the minutes of the regular meeting o£ September 5~ 1966 be approved. Mr. Boos seconded and it was unani- mously carried. Mr. McCoy moved for the acceptance of the minutes of the special meeting of September 12: 1966. MT. Boos seconded and it was unani- mously carried. Mr. Madsen recognized past mayors, Mr. A1 Summers and Mr. James Mahoney. OLD BUSINESS ~equ~st fop change in zonin~ - Lotto pa~cet (on the table) l~ayo~ Madsen stated that this matter will ~emain on the table at the request of the parties concerned. P~BLIC A~DIENCE Mr. Fred Hollingsworth, 401 Pan-A Bldg.~ attorney fo~ Peter Sachse came forward and stated he %~uld like to u~ge this Council to re- peal that portion of the Ordinance that ~equires a person to be a citizen of the ~.S. or show proof of declaration of citizenship before they can Obtain a license in Boynton Beach. He stated he could Cite a number of cases where this violates the H.S. Consti- tution. Mr. Madsen stated this would be brought up later in the meeting. MIk~TES REGULAR CITY cOONCIL MEETING SEPTEMBER 19, 1966 LEGAL A - ~__din~ ~n Private Proper Ordinance 66-18 - zna The first reading of this Ordinance was September 5 ~ 1966. Fir. Moore read Ordinance by caption only- Mr. Banks moved for pass- age of Ordinance 66-18 on second and final reading. Mr. McCoy seconded and it was unanimously carried. p_rpposed Ordinance 66-21 - Amending Section 15 of the code M~. Moore read proposed Ordinance 66-21 which amends Section 15 o~. the code. He stated that ove~ the years the city has had some difficulty with this provision and feels that it would be better e Sachse case just brought it to light to have it taken out. Th ...... ~e decision of finding Mr. a~ain. This proposal would not azz~uu Sachse guilty in municipal court~ as there were several other factors involved also. Mr. Banks moved for the passage of ordinance 66-21 from first to second reading. Mr. McCoy seconded and it was unanimously carried. ADMINISTRATIVE Request for Permit to Solicit - palm Beach Jr. College Alumni ~ssociat~~ember 25~ 24 and 25~ 1966 Mr. Boos moved that the permit be granted and the fee waived. Mr. Ban~s seconded and it was unanimously carried. Request for approval to ho!dW/~ite Cane Sale - Boyn~on BeaCh Lions Club - September 24~ 1966 -- Mr. Boos moved that the request be granted and the fee waived. Mr. Banks seconded and it was unanimously carrzed. Application for BeveraGe License_s 1. Otls Allen Estabrook - The Pub~ 400 N.E. 2nd Avenue Mrs. Padgett noted that everything has been check out and the new license would become effective October 1st. It was stated that there is an existing license. Mr. A1 Summers came ~orward and asked Council to table this re- quest for further study and consideration. He stated that all officers in a corporation must be listed on the application and that Mr. Estabrook has been in the business for sometime and has hired other people to run the business for him and had the li- cense in their name. Mr. Summers said he is not opposing the ~ssuance of the license: but it should be studied more thoroughly to see that it is a legitimate business. --2-- MINUTES REGULAR CITY COUNCIL MEETLNG SEPTEMBER 19 , 1966 Mr. McCoy moved to table the request for application for further study. Mr. Banks seconded and it was unanimously carried. 2. Charles Andrews - 126 N.E, 10th Avenue Mrs. Padgettstated that all requirements for operation have been satisfactorily met. Mr. Andrews is licensed as a g~ocery and fish market at the above toeation and this application is for a take-out license for the sale of alcoholic beverages. Chief Thompson came forward and stated that Mr. Andrews has had no alcoholic beverage violation in the past. Mr. Boos moved for approval of this license application. Mr. Collins seconded. The vote was 4 FOR - 1 AGAINST. Mr. Banks cast the dissentLng vote. PUBLIC HEARING 8:00 P.M. ~emolition Program - Resolution 66-MM Mr. Moore stated that there are eight structures which should be considered for demolition. The owners of these buildings have been previously notified to have them removed and have also been notified that this is a public hearing to give them an opportunity to show cause why the buildings should not be demolished. Mrs. Padgett stated Mr. and Mrs. Bacon have authorized the demo- lition of their building and asked to be billed. Mr. Koil Washington, 191 N.E. Railroad Avenue~ Came forward and stated that he is the owner of the apartments on parcel 4 and has been doing work on them. Mr. b~ore stated that the city has a minimum housing code and all structures should reach these standards. He stated Mr. Washington should show cause why his place is habitable. Mr. Washington stated that he has made a move to fix his place up by doing some painting. Mr. Kain stated it has been three months since anyone has lived there and read the various reasons why this place was unsafe. Mr. Kain stated that he would look at '~hes8 ~uild'%nq~ again with Mr. Washington on Saturday morning~ September 24, 1966 at 9 A.M. -5- M .T.~U ~ES REGULAR CITY COUNCIL MEETING SEPTEMBER 19~ 1966 Mr. Moore noted that with the exception of parcel 4 there were no objections to the existence of the conditions as previously deter- mined by Council. He recommended at this time~ based upon the fact that there were no objections to pareels 1~ 2~ 3~ 5 and 6~ that the existence of the conditions which are in violation of the appropriate ordinances be ratified andconfirmed' and that the city manager be instmucted to obtain competitive bids fom the demolition of these particular stmuctures ~ and that a determination of pareel 4 be held in abeyance until next meeting. Mr. Boos so moved for the recommendation of the city attorney. Mr. McCoy seconded and it was unanimously carried. ADMINISTRATIVE C~onsider Zoning of MunieiDa1 Center Mr. Kain suggested that the Council recommend to the Planning and Zoning Board that they consider the rezoning of privately owned rea! estate in Block I, Shepard Funk Addition~ Block 14, Sawyer's Addition and Lots 2~ 5~ 16, 17: 18, 21 and 25~ Boynton Center: for municipal use. This will provide the city with the opportunity to use this land in the future for municipal purposes. If the ' . Planning and Zoning Board is in accord with this suggestion, that they be asked to consider the recommendation of an ordinance which would set UP a classification for municipal purposes and make it part of the zoning code. Mr. Banks moved to request the Planning and Zoning Board to make a study of this and give their recommendation for zoning this ares fOrcarrieda muncipal, center. Mro Collins seconded and it was unanimously ..R. equest Approval to Purchase Accounting Machine, Mr. Kain explained that earlier this year Council approved the pur- chase of a new accounting machine for the tax department. This was to replace a machine which was Originally leased about three Fears .- ago. This machine did not prove satisfactory for tax purposes. The origip~l cost of this machine was $8,535. The city has paid out all but $1:821.76. Mr. Kain recommended the purchase of this machine which has definite use in the Finance Departmen.t. Current- ly budgeted funds will ~educe the balance to $1:~21~ which can be paid out by October of next year. Mr. McCoy so moved for the city manager,s recommendation. Mr. Banks seconded and it was unanimously carried. -4- M~TES REGULAR CITY COUNCIL ~ETING SEPTEmbER 19 ~ 1966 Re,est for use of Civic Center - Joe Nelson Mr, Kain explained that the Floridian Fast Draw Club of Boynton Beach has requested fmee use of the Civic Center fom the days of October 8 and 9 for conducting a national fast dmaw championship cOntest. Certa/n activities use the Civic Center without cost but those conducting activities separate and apamt fmom the city's ~ae?eationat progmam have been required to pay a $30 fee. Mr. · n recommended that the city retain the right to charge for the use of the Civic Centem in accordance ~ - ~ established earlier, ~lth the rules that were Mm. McCoy made a motion to grant this request and cha~ge for the use of the Center. Mr. Boos seconded. Fir. Collins stated that he felt since this 9~oup is not charging waived,for any space or making a charge to get in that the fee should be The vote was 4 FOR ~ 1 AGAINST~ Mr. Collins voting against the motion. ~st of Pavments made in Au~qust, 1966 Mr. ~4cCoy moved that the list of payments be received and made a partcarriedOf, these minu~es. Mr. Banks seconded and it was unan/mously Payments Made By Funds General Fund Water Revenue Fund Sewer Revenue Fund Water Depositors Fund I. & S. Fund ~unicipat Swimming Pool Bond Sinking Fund Publicity Fund Sewage Deposit Fund Special Assessment Fund APPROVAL OF BILLS $76:357.84 20~298.57 19~690.16 480.00 28~224,20 !1~12.50 499.36 14.00 21.20 $156~897,85 _Trieste Construction Corporatign $1~560 Mr. Kain stated that this is a pa~tia.1 payment on c~t~act rom the installation of spminklers a~ the cemetery. Womk has been per- for~ed and materials /nstalled to that amount. This is budgeted in the overall cemetery /mpmovement pmoject. -5- MIBRJTES REGULAR CITY COUNCIL MEETI~G SEPTEMBER 19~ 1966 C Mr. Banks moved tb~t the bill be paid. Mr. McCoy seconded and it was unanimously carried. Chamber of Commerce for August 1966 $558.78 Mr. Kain lexplained that this is for the accumulated bills for the month of ,August and funds are available in Activity 7000-1A and ID. Mt.was unan~oustyBanksl moved carried.that the bill be paid. ~. McCoy seconded and it ~dair, Brady & Fishe: Inc. $8,492.50 Mr. Kain explained that this bill is for engineering services in connection with the storm drainage participation - North Second Avenue. This is a composite bill based on preliminary design of the inter~al drainagesystem and complete desSgn of the n~in o - fall system. Inasmuch as the cos*~ ~* +~ - i .... ut and ~on~,~4 ...... ~ ~ ~,~ wor~, DO~ engineerin ............. ~,,, ~re ~o come from czgarette tax funds, Mr. Kain g recommended that steps be initiated to consummate this loan immedi- ately. T~e 'o' ] znt agreement has been approved and executed by the State RoadDepartment and funds for the city's share of the ~rk will have to be pledged prior to the acceptance of the bids by the State Road Department. Mr. Madsen asked Mr. Kain and Mr. Moore to have the necessary papers re~dy for this by the 21st of September. Mr. Boos moved that the city go ahead and complete the loan in the amount of $160:000 and take the proceeds of the loan and invest in short term treasury bills so that the money is available in a few hours notice. Mr. McCoy seconded. Mr. Moore stated that it might be possible to make arrangements with the b~nk to complete the loan with no interest charged until money is drawn for use. Mr. Boos stated either way would be satis- factory as long as no interest is charged until the money is used. The vote was unanimous. Mr. Madsenlnoted that the city is only $7,000 short of the quota set for the entire year on cigarette revenues and it can be ex- pected to go way over the top. Atlantic National Bank of West Palm Beach $825 Mr. Kain e~plained that ~hese are bills from Atlantic National f~g~e~ ~g f~bond issues. This is an annual blllBank~ar~aS eOanv%i ri~ Activity 6100~. Account 213. -6- MI~V~TES REGULAR CITY COUNCIL I~EETING SEPTEmbER 19, 1966 Account No. g Improvement Bonds Sinking Fund Account No. C. 214, City of Boynton Beach Outstar~ing Water Revenue Bonds ds ted 12/1/50 Account No. C. 215~ City of Boynton Beach Outstanding 1960 Bond Retirement Account 213 A & B, City of Boynton Beach Refunding Ssoo 50 50 Account No. C. 216A, City of Boynton Beach Outstanding Series A & B Bonds Retirement Fund. Series A $t00 - Series B $i00 Account No. C. 217, City of Boynton Beach 1961 Refunding and Improvement Revenue Bonds TOTAL Russell g Axon $835.50 200 25 Mr. ]fain explained that this represents engineering and inspec- tion costs for the repair of the Rolling Green Ridge Sewer System through August 12th. Monies were approved by Resolution for the renewal and replacement of this line. Mr. McCoy stated that he would like to see the repair job when they bring the Oamera back to inspect the longitudinal crack. Mr. Boos mOved that the bill be paid, Mr. Banks seconded and it was unanimously ~arried. Frank C. Brown g ~ompanv $2,087.50 Mr. Kain explained that this represents the balance due on the wage and classification study recently completed, Funds are available as follows: Activity 5700-485 and 6700-485, Mr. Boos moved that the bill he paid. ~. McCoy seconded and it ±~v~re? on s~ptember 28th when the Brown Company comes to re- port to Council. Cart Soil & Sod $2:068,65 Mr. Kain explained that this is the first draw on the contract for work on the cemetery. Funds are allocated from the Cemetery Trust Fund. M~. Boos moved that the bill he paid, Mr. Banks seconded and it was unanimously carried. -7- MI~dTES REGULAR CITY COUNCIL MEETING SEPTEMBER 19: 1966 The Penet-~vn System, Inc. $3,832.40 Mr. Kain explained that this /s a bill for the internal routing method where the leaks were Observed and covers everything Council authorized for repair - the 19th Ave. crossing~ 22nd Ave. west of Seac~est and various manholes that were patched north and south of 26th Ave. lif t station. Mm. McCoy moved that the bill be paid. Mr. Banks seconded and it was unan/mously carried. Departmental ReDorts Mr. Madsen complimented each department on the nice reports sub- mitted for the month of August. He recognized Mr. Nyquist and Chief Wright of the Fi~e Department and stated that they did a good job on follow-up on matters concerning their department. Mr. Boos noted that car No. 7 is now using excessive oil and needs looking over. Mr. Ksin reported that the city had hired the services of a m~ to repair the bulldozer at a cost of about one-third of the $900 approved for this repair. Meeting adjoumned. walte~ A. Madsen, Mayor Attest: · a Padgez~f City Clerk -8-