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Minutes 06-06-66MINUTES OF REGULAR MEETING OF CITY COT~NCIL, HELD IN CITY HALL, BOYNTON BEACH, FLORIDA, JUNE 6, 1966 at 7:30 P. Mo Walter A. Madsen, Mayor Frank McCoy, Jr.~ Vice Mayor J. Allison Banks, Councilman Charles N. Boos, Councilman Gilbert Collins, Councilman F. T. Kain, City Manager Gene Moore, City Attorney Janet Petersons Deputy City Clerk The meetin&was Galled to order by Mayor Madsen at ?:30 P.M. The invocetion was given by Rev. Vernon Perkins, First Baptist Church and the Flag Salute was led by Vice Mayor McCoy. Mr. Ulrich Hallemeier, exchange student from Bochum, Germany was introduced. Mayo~ Madsen expressed his pleasure at meet- ing him again. Ulrich gave s short speech on his experiences while in Boynton Beach and stated he had enjoyed his stay here and that his time in Boynton was made most pleasant by the Rotary Club. MINUTES Mr. Boos made a correction in the minutes of the regular meeting of May 16~ 1966: on page 8, 5th paragraph, 12th line, change the word 'it' to 'water'. Mr. Boos made a motion to appz~ove the minutes as corrected. Mr. McCoy s6conded and it was unanimously carried. Mr. Boos made a correction in the minutes of the special meeting of May 25, 1966: on page 3, 3rd paragraph, last sentence. It should read '...as to just what they are asking for.' Mr. Boos made a motion to approve the minutes as corrected. Mr. McCoy seconded and it was unanimously carried. Mr. Banks made a motion to approve the minutes of special meeting June l, 1966. ¥~. Boos seconded and it was unanimously carried. Old Business .Discussion on r~e: Locat±ou Child Care Center Mr. Ksin stated that st the last meeting Council considered s request from directors of the Child Care Center to affirm a previous action of Council which will make city-owned lands available on a lease ur sale basis for the construction of a Child Care Center. Mr. Kain stated a letter had been received from Mrs. Earley stating the purpose of the Center and that there was inquiry as to the availability of facilities; that is, sewers~ streets and water. Mr. Mr. Kain stated that no extension can b~ mede of sewers to this area. He said it is up to Co%~cll if they wish to reaffirm their statement of 1965 or make available some other lands. Mr. Boos stated that he had a certain service club in mind that MinutQs of Regular Council Meeting~ June ~ 1966 this type of program might~finterest and feels that if they are properly approached that they might consider favorably a site that has all facilities or maybe assist the city in providing more desirable land than that under consideration. Mr. Madsen suggested that Mr. Kain take further steps to seek another area that may be more raadily usable and have all facilities. ~ids - ?:4~ P. M. ~all for Tenders - lq~6 Refundins Bond Issue Mr. Kain stated that the city advertised for tenders up to the amount of $25,000 for these bonds. Publication was made in the local newspaper and in the Daily Bond Buyer. Mrs. Peterson stated that no tenders were received. Mr. Ulrich Hallemeler then drew 25 numbers as follows: 690, $7, ~6~, 328, 83, ~16, 326, 358, 558, 25, 87, 396, 560, 30, 31, 550, 116, 39~, ~70, log, 383, 370, 456, ~il, and li3. Mr. Moore stated that a motion would be in order to have the Clerk proceed in accordance with the bond indenture 5o notify the holders of these bonds that the interest will be cut off and that they should surrender the bonds for payment and~that certain adver- tisement requxrements in the New~ork Bond Buyer and locally too, are necessary. Mr. McCoy made a motion to have the Clerk proceed with the entire proceedings as stated by Mr. Moore. Mr. Banks seconded and it was unanimously carried. Mr. Kain Clanton, family. stated that Mrs. Padgett is on vacation and Mrs. Deputy Clerk was absent because of illness in the Mrs. Peterson was filling in as Deputy Clerk. Eeoai~ of Gravity Sewer L~nes. Mr. Kain explained that plans and specifications for this work have been prepared by Russell & Axon and bids are to be received at this meeting for this work. There were no further bids received from the audience at this time. Mr. Boos made a motion to open the bids. Mr. Banks seconded and it wss unanimously carried. ~ue_fi~s~ bid_wa~.from .Inter~ou~.ty Construction Corp., Ft. ~erca±e, F±orm~a, to~al bmd mtems I through 7, $29~1~6.20. A statement of qualifications is attached and bid bond in the amount of 10% of bid was enclosed. Job to be completed in 90 calendar days. The second bid was from Southern Line Cleaning Inc. Cass~lberry, Florida, total bid, $33,073.50. Bid bond' -2- Minutes of Regular Council Meeting, June 6, 1966 in the amount of lO~ of bid attached snd executed. Job to be completed in 90 calendar days. Mr. Boos moved that the bid of Intercounty Construction Corp. be accepted and work proceed. Mr. McCoy seconded. Mr. McCoy suggested that the bids should be tabulated and a report made to Council in a couple of days. Mr. Kain noted that representatives of Russell & Axon and Mr. Carnahan were present and could check extensions~ unit prices and any statel merits in the proposals and report back to Council. Mr. Banks explained that his concern with the plans is the fact that they call for going in and replacing a broken joint, then skip and then replace another broken joint leaving the line in between just as is and there is the possibility that Z have to go back in and repair again, and it could be ne~t we~k. He explained that when the joints are repaired that a new type instrument can de~ect if there is any leakage in between points. If any leakage does show up after the test is made that this will be sealed with a new type of interior sealing compound but does not assure us that the joint will not give away again in the future just as these did. He stated that the city is spending $30,000 repairing under an ~emergency situation and possibly if we could look into the bids as to what we are going to do, that we could come up with an entirely different figure for meeting the emergency that we have now. He stated that he felt Russell & Axon have done the best possible job under the circumstances. Mr. Banks said he does not like to spend this kind of money to patch this up when it could happen again. Mr. McCoy again stated that he would like to see the bids studied for several days. Mr. McCoy withdrew his second to the motion. Mr. Boos withdrew his motion. Mr. McCoy moved that this be turned over to the engineer and consultants for tabulation and to report back to Council. Mr. Banks seconded and it wss unaqimously carried. ~blic Audience Mr. Charles Senior of the Florida Power & Light Company pre- sented the city with check No. 3131887 in the amount of $~2.q22.62 which is the annual fraz.chise check. This check represents 6~ of their gross earnings. Mr. Banks stated that there has been research done ~ecently on July Sth and it has been found that 2 P. M. in fh& aYthrnoon was the time the Declaration of Independence was signed and bells were ringing in Philadelphia. He asked that a Procla- mation be issued suggesting that at 2 P. M. on July 4th all bells in the city ~ing celebrating the time of the signing of the Declaration of Independence. Minutes of Regular Council Meeting, June 6, 1966 Mr. Madsen recognized Mr. John Archie. and Mr. James Mahoney, past mayors. Mr. Edgar Hurford and ¥~s Bertha Chadwell of the Cemetery Board were recognized at this time. Mr. Madsen asked Mr. Kain to write a letter of commendation to Rev. Edgar Stauffer for his services as a member of the Plan- ning & Zoning Board. This is to be signed by the Mayor and council mem~ers~ . New Business Bequest of Mr. Statio_ n Barksda!e in re:Location of a Service Mr. Kain explained that Mr. Barksdale owns property on the south side of West Boynton Road and has approached the~~i~y for a permit to construct a gasoline service station on this prop- erty. He has requested a variance to enable him to construct such a facility. However~ Chapter ll of the Code sets down specific distance requirements between gasoline filling stations and other types of buildings. This stipulation is separate and apart from the zoning code. Mr. Barksdale has asked consideration of Council by letter, of an easing of the situation by lessening the distance requirements. Mr. Kain stated that he could not recommend the granting of this re- quest. It would require amend~_ng the code and reduction of distance requirements and he felt a wide variety of cases could be presented to Council for consideration. Mr. Kain stated the 600' measurement is reasonable and urged Council to maintain the Ordinance as it is. Mr. Doughty came forward and spoke for Mr. Barksdaleo He stated that Mr. Barksdate wanted to pursue this request to the level as far as it can go as it will have an effect on his lease and he can get on with his deal or call if off. Mr. McCoy moved to deny this request. Mr. Banks seconded. Mr. Madsen asked if anyone else wished to speak on this matter. No one came forward to speak on this matter. Motion was unani- mously carried. Receipt of Petition objecting to the City's acquisition of additional lands adjacent to the axe,tins dump site. Mro Kain noted that the Council had, on his recommendation, addressed a resolution to the County Commission requesting a ~=sibte dedication o£ ~ ~0 ~cre tract adjacent to the e~isting dump ~ite. Hz-. Kain said he had received a petition from Mr. Warren describing why the people in that area object to the use of the site as a dump. The petition mentioned smoke, some problem with sanitary land fill and several other things. Mr. Kain stated that since the city has no immediate critical need for this additional land, he would recommend that the city defer any further action in urging conveyance of this lando Minutes of Regular Council meeting Ju~ue 6~ 1966 Mr, Kain explained that with the plans they have now~ the existing dump facility can be used more intensively, the north 15 acres have not been touched. The County will excavate deeper cuts for us so that we can get more use out of the land over the next four or five years. Mr. Kain noted that when the dump was originally made that there were 15 fewer buildings within a mite of the perimeter of this site and that some of the names on the petition are living 4~miles away. Mr. Madsen suggested that the men in charge of the dump be told not to burn. Mr. Kain again suggested that the city defer ~ further request to the County and to meet with them about lands fur- ther to the west that we might obtain. Mc. McCoy moved that the city manager be instructed to get in touch with Mro Warren and tell him the city does not contem- plate any action on this and withdraw our request Mr. Banks seconded. ' Mr. Boos noted that 20-yard packers are dumping for $2.00 per load at a net $5.00 loss to the city. These are privately owned garbage collectors who use our dumpy and he would like to see a revision of the rates. Mr. Boos also noted that garbage is not being burned; trash and trees are being burned when the wind is in the proper direction. The refuse is being operated on a land fill basis. Land fill is costing the city considerably over 35¢ per yd. There are no pumps to pump the water down and garbage goes all over everything when put in water, He stated diggin~ a ~eeDer h~le will not help unless you get the water out so you cen cover the garbage. The motion was unanimously carried. Mr. Boos moved to have the dump charges reviewed by our engin- eer and a recommendation made to the Council for proper re- vision of the rates. Mr. McCoy seconded and it was unanimously carried. Legal Ordinance 66-1q - Second ReadinE Re: Rezoning Lots 1:2 and Block 12 and Lots !~ 2 and 3~ Block 13~ Boynton Ridge from R-! to C-1. Mr. Moore adopt Ordinance 66-13 on second and final reading. seconded and it was unanimously carried. Proposed Resolution 66-CC amending Resolution 62-ZZ re: turn- on/off charge for water service Mr. Moore read Resolution 66-CC amending Resolution 62-ZZ. Mr. Boos moved for passage of Resolution 66-CC Mr. Banks seconded and it was unanimously carried. read Ordinance 66-13. Mr. Banks made a motion to Mr°McCoy Minutes of Regular Council Meeting, June 6, 1966 ~ .... g tlonal use as a Marina Proposed Ordinance 66-14 grantin condi ' \Lots 27~ 2o and 29, Dewey's S/D ~Mro $anks moved ~at.~s item be tabled at this time until ~ further information is provided. A deed ~as been requested ~f0r rights-of-way which ~as not been.received yet. Mr. Boos ~s,ecanded and it was un~u~mously carried. Resolution 66-DD appointing Lewie S. Hunter Superintendent of _~bl~c Works Mr. Moome read Resolution 66-DD. Mr. McCoy moved for adoption of Resolution 66-DD. Mr. Banks seconded and it was unanimous-~ ly carried~ Administrative Appointment of Additional Alternate Members ~o Board of Adjust- ~ent Mr. Banks submitted the name of Mr. Vince Earley and stated that he has agreed to serve. Mr. Boos submitted the names of Mr. Don Besecker and Mr. Gill Dresser. Mr. Boos moved that Mr. Vince Earley, Mr. Don Besecker and Mr. Gill Dresser serve as alternate members to the Board of Adjustment. The appointments ~o serve at pleasure of Council. Mr. Banks seconded and it was unanimously carried. Appointment to fill vacancy on Parks and Recreation Board ~aused by the resi~natioD of Mr. Kay Mr. McCoy moved to appoint Mr. Joe Har~ for appointment to fill the va_~ncy on the Parks and Recreation Board. Mr. Banks seconded and it was unanimously carried. Appointment to fill vacancy on Planning & Zoning Bcard caused ~y the resignation of Rev. Edgar Stauffer Mr. McCoy moved to appoint Mr. Eugene Cooper to serve on the Planning & Zoning Board. Mr. Boos seconded and it was unan- imously carried. Representstives of Russell & Axon stated that they had con- tacted Mr. Vanditti of.Intercounty Construction .Corp. and scheduled a meeting for sometime after 9 A. M. in the morning~ J~mue 7, 1966~ to clarify some questions. Meeting adjourned at 8:30 P~ M. -6- MINUTES ~ Council Meeting Boynton Beach, Florida June 6, 1966 alter A. Madsen, Ma~or -- rank McCoy,J~o, j~or~ Attest: ereesa a~tt City Clerk J. Allison Banks, Councilman Charles N. Boos, Councilman Gilbert Collins, Councilman -7-