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Minutes 03-21-66Minutes of Reg~tar Meeting of City Council, Boynton Beach, Florida, held in City Hall, March 21, 1966 at 7:30 P.M. Walter A. Madsen, Mayor Frank McCoy, Jr., Vice Mayor J. Allison Banks, Counc~tmn Charles N. Boos, Councilman Gilbert Collins, Counc~m~u F. T. Eain, City Manager Tereesa Padgett, City Clerk Gene Moore, City Attorney The meeting ~as called to order by Mayor Madsen at 7:30 P.M. The iuvocation and Flag Salute was given by Vice Mayor Frank McCoy. Recognition was given the Barber Board. The members present were Roger Chamberland and W~lliam Ramsey. Mr. Banks asked the president of the Junior Woman's Club, Mrs. Barbara Traylor to come for~m~rd while Resolution 66-0 was read. Mr. Moore read Resolution 66-0 citing the outstanding civic efforts of the Junior I~om~n's Club in producing the beauty pagaent. Mr. ~s moved for adoption of Resolution 66-0. 1,ir. McCoy seconded and it was unanimously carried. Mr. Boos moved for approval of the m~uutes of regular mmeting of March 7, 1966 and special meeting of March 15, 1966. P~r. Banks seconded. The vote was unanimous. Mr. McCoy abstained from voting on the minutes of March 15th because he was not present at that meeting. OLD BUSINESS School Board Mr. Boos made a motion that the School Board be instructed to either use the 27 acres available to them free of charge for the E.T.V. and first vocational school this year or return the deed to us and instruct Mr. Moore to make the proper resolution. Mr. McCoy seconded. Mr. Boos explained that council was in hopes that for the good of all con- cerned, the School Board would explain why they took the stand that they have taken and why they disagreed with their own a~m~uistrator and his staff. They did not do so nor did any one of them offer any valid reason whatsoever to justify their position. The matters mentioned by Mr. ~'~l]isms to support his feelings are subject to question and certainly were considered very carefully by administrative experts.. Mr. statements %~re most surprising in view of the fact that qualified -1- MINUTES Regular Council Meeting March 2l, 1966 people have drawn conclusions directly opposite to his. He suggested that teacher availability was better in the north area than south or they might be more inclined to move north than south. Speculation at best with no basis in fact; or that adults in the north would more likely use a facility them adults in the south, which is pure conjecture. ~Lr. Boos stated that it seemed that some board members would do well t.o, kn,o.w more~of.the operativ? functions and procedures of the. ir admin- istrative of~icmals, and further, that a hreakdo%m of communications seems evident within the Board itself. Finally, Mr. Boos stated that he feels this matter should be concluded. It is hurting education in Palm Beach County and serves no useful purpose. This city may have gone too far in efforts to help the area as a whole. Our offer to extend se~er and water to the school ~ould certain~y have not made our ~ond payments easier. This money can now be used for immeddate revenue and serve customers who need the service. Those who felt that the school would downgrade the neighborhood may now rest easier. Mr. Boos stated ~hat basically this is ~ _he' got frOm th* meeting ~th t~e School Board and that it was not a secret meeting~ ~'ir. Banks stated that the point of the conference meeting was to be better informed as to what has transpired in the past and what was going to transpire in the future. The important thing that F~. Banks learned from the meetLug was the fact that there is now available funds for the county to enter into this T.V. educational program. Mr. Banks s;tated that it is his understanding from the staff, Mr. Council, Mr. Fulton and Mr. McLean, that if they can put together a package for the building of this first ~t ~' Augmst that the~ can g8 ~head and put this in right away, and the reason Why they want to put the first one in the south is because of its close prow~m~ty to F.A.U. and Palm Beach Junior College. Also these stations are to be built where they will operate in connection with a vocational school. They felt they already had a site for the second vocational school if they cannot get a recommendation they had .~de for the first one. M~. Banks felt that ~here we stand as a city t~ try to work with them to get some ~tn~nt to get the second school and possibly without jeopardizing our t-un~s in any way to hold th~s p~operty for another year ~r two. M?. Banks stated that it was his impression that these two units w~11 gO together sometime in the ilrhure. He stated that the overall plamming calls for three vocational schools in the county and felt that if we could work with them to get thiS first unit here, that it would be in our favor at a later date to get a vocational school. Mr. McCoy stated that he thought we would get the first vocational school and that we can't base anything on that idea of getting the second one. He also stated tha{ the ETV tower could be located anywhere. -2- MINUTES Regular City Council Meeting March 21, 1966 Mr. Madsen termed the offer subterfuge and pointed out tb~t the School Board could not make any promises because of new members coming in in November. TLr. Madsen said the city is hoping to get 7: ~ acres from the county adjacent to our 20 acres. If the city is granted the ?~ acres, it is a long way to put water and sewers in without r~venlle. Mr. Banks stated that he is not in disagreement with what was said, but if there is some v,~y to keep this open that the city would have a better chance than if we close the door now. He noted that w~ cannot tie this property up on promises and that there should be some way to get a defLuite co~_tment from them in tieing this TV center in with it. Mr. Boos noted that they have a 20 acre tract on Congress Avenue. He felt that these gentlemen could change their viev~t and that they might find themselves in that position if they are t~rned do~m on areas being surveyed, that this reso~tion should hold this open for the period of time to indicate that we are incldm_ed to go through with our promises if they go through with their promises. Mr. Moors stated that in addition to the land, the city promised that it would at its own expense bring utilities to this particular site. This was estimated to be an item of $60,000 to $65,000. He stated that the School Board seems firm in their opinion not to change their mind. Mr. Moore stated that there is a legal impediment which we have in that the bond issue was floated in 196~ and approximately $100,000 was held out and the maw~rmnn part of this was fully intended to bring utilities to this site. ~e cannot hold those funds up for an indefinite time. From the bond holders standpoint, we should utilize those funds immediately. Mr. Banks stated that it should he understood that this program they are entering into has certain criteri~ they have to meet by August and also that it would be tied in with a vocational school. If it is placed in this area, eventually the school will~ go /n with this. Mr. Moore noted that if they put in the ITV tower, it would be the same amount of capital outlay for the city to bring utLlities to it with no revenue to the city. Mr. Kain stated that we made the best presentation on land~ and does not th/nk the city should tie up $60,000 in capital indefinitely. Mr. Eain noted that council has considered some applications under an open space grant and that there is no sense in waiting for something that may or may not take place. Motion was uucnimously carried. -3- M~TES Regular City Council Meeting M~rch 21, 1966 BIDS 8:00 P.M. - Junk Car Removal There were no further bids from the audience. O_OLD BUSINESS ~Assessment Roll - Lots 56,.72, and 73~ Lawn's };~. Banks moved that the assessment roll be removed from the table. Boos seconded and it was unanimously carried. ~[r. Kain reported that ~fr. O'Brien made a su~¢ey and his figures came within a fraction of a percentage point of our figures, and that the amounts of fi21 aud money are accurate and legitmete on all three lots. Mr. McCoy moved that the assessment roll be approved and the assess- ments equalized and confirmed. M~o Collins seconded and it ~s unanimously car~-ied. Removal of Shook BuildimM F~. Eain reported that the estimate for moving and restoring this building in the right-of-way just east of S.E. 4th Street is $2,200 to $2~500. He stated the building can be turned at right angle and stay situated on property owned byMr. Shook. Mr. Madsen asked Mr. Wright, fire chief, if he would approve this buildir~ being moved to this danger zone. ~. Wright stated that it is against the cods, but in this condition he wo'~ld go along with it. It xeas noted that the moving is the violation not the distance. Mr. Banks moved that the city manager be asked to draw up specifications on this and submit it for bids. M~. Collins seconded and it was unani- mously carried. F~r. Paul Johnson was in the audience and came forward a~ud stated that he w~11 not pay to move the house and stated he didnot object top ay- lug his sh~re for the road, although he felt the road was not needed. ~illir~ - Bu3-kheadir~ - Lots 53 & SA, Dewey's S/D. (Nicosia Tract) Mr. KaLu recommended that the area be filled to a minimum height to eliminate the nuisance and no bulk-heading. Mr. Moore stated tbmt the owners were greatly concerned about the cost. F~. Kain explained if the ~olkheading is eliminated and it is only filled to a mini mu mi' tbere will be om~y a modest outlay of money. Mr. Kain reco~ended that the city go ahead and get plans on this basis, for an outlay of $8,000 to $10,OOOand get some relief from the nuisance. ~. Banks suggested that we contLuue this negotiation. M]/VJTES Regular City Council Meet~_ng March 21, 1966 ~r. Boos stated that he thought it would take about $12,000 or $15,000 and that the city should make sure that the other people fill also, so that the sand does not erode down to the Sterling Village area. Mr. Boos suggested that there should be at least 18" of fill and noted that we have $15,000 in th~at assessment fund. Mrs. Emily Jackson asked if this was settLug a precedent. Mr. Kain explained that this is a cost that will be charged to the property owners. N~. Moore recommended that the city manager and engineer be authorized to prepare min*~m,~ specifications for the elimination of the nuisance itself, and proceed to get competitive bids and stated that is what is needed to lay the predicate for imposing a lien against the property. ~Lr. Boos moved that the city manager and engineer be a,uthorized to pre- pare m~nimum specifications for the el~,~ination of this nuisance and proceed to ge~ competitive bids. ~Jh-. McCoy seconded and it ~,.~s unani- mously carried. S_eewer Extension - Lawn's S/D. ;~{r. Ka~_u explained that a number of construction companies have been contacted Ln this area and that 9e have been unable to have this ~ork performed under change order t~o,ugh any of our prim~ centractors. Kain recommended that we continue to negotiate with our prime contractors to obtain a change order. Mr. Banks moved that th_is item be tabled for further information. McCoy seconded s,ud it was unanimously carried. Beach Co~aty Governmental Study C~ssion Mr. Kain explained that the Governmental Study Commi ssion has been supplied with a number of documents and materials from the City of Boynton Beach. They h~ve also received a descriptive narrative from us regarding consolidation of taxx a~sessmng and collecting procedures with the appropriate cotuuty offices. In addition, they have been in- formed regarding our proposed program to unify our voting registration system ~rith the county system. No further action is necessary on this item. ..Capital Inmrovements Program- Fire Station~ Streets and SidewalW.~ Mr. Boos stated that council seems to be in the position of having to make immediate and judicious improvements in order to eliminate deteri- oration of se~-zice from the fire department. He noted that %~ have had a condition on some of our streets of rapid deterioration because Reg,!ar City Co~ucil t~eeting March 21, 1966 of lack of ability to get drainage. Mr. Boos also stated that while the electorate declined to pass on a recent bond issue, that it is incumbent on council to look into these emergency items and make recommendations that are necessary. Mro Boos suggested that we use some cigaret funds for a short period of time to bring this condition about and to s~ve the people money, He stated he felt it would take approximately $600,000 for the emergencies needed and it could be paid back over a five year period. Mr. Boos was of the opinion that this could be done locally through our banks. Mr. Banks stated that he felt it was because of the magnitude of the recent rejected program that the people voted against, and that this is no~ an indication that there is no need for improvements. M~. Banks stated he felt it is the obligation of c~ncil to f~uish leadership ~u that matter. He noted that the fdnancial institutions have said they will be happy to w~ork v~th us on short term loans s-ud that it is within the jurisdiction of council to commit certain fuuds con~ing in now toward these needs. Mr. McCoy agreed that there is sn ~nediate need for each item and a need for some type 0fm~inten~ce program on the streets. Mr. Collins stated that he was in full accord with the program as set out by 2~r. Boos. Mrs. Emily Jackson stated that the taxes should have been raised three years ago. She said everyone knows we need a fire station and that the roads need fixing. She asked if it had ever been considered asking the people to put in their own sidewalks. ~. M~dsen noted that this year we Shall have approximately $12-13 million of additional building on the tax roll and should have money accrued to go ahead on these items. ~. Kain stated that he would strongly recommend professinna! g~fdance especially with finance, and that sometime in the very near future we have to set upa series of meetings and decide a course to take. Mr. Banks sUggested that Mr. Kain go ahead and set up these meetings. ~Opointments to Plumbin~ Board Mr. Eain noted that M~. James declined to ser~e. M~. Banks m~de a motion that Mr. Eain contact Mr. Mike McL~ughlan to serve as Journeyman and Mr. Fred Messer as MaSter on the Plumbing Board. Mr. Boos seconded and it was unanimously carried. -6- MINUTES Regular City Council Meeting March gl, 1966 .E.ngine. erin_g IEork, o~..S.E. 23rd _Ayenu__e Mr. Kain recommended that K. C. Mock & Associates be r~tained to do the engineering work on S.E. 23rd Avenue, and also to authorize the expendi- ture of $8~0 for this work. Mr. Boos moved that K. C. Mock be retained to do engineering on 23rd Avenue and also authorized the e~penditure of $8~O for this service. Mr. Banks seconded, l~r. Boos asked about the advisability of 20' pavir~ in this area. Mr. Eain explained that the 20' paving is an alternate plan. It ~n.'l] be designed to meet our standards provided in the code, but there may be a problem of right-of-way. The motion was unanimously carried° BIDS - Openin~ - Jun~_~ Car Removal Mrs. Padgett opened the three proposals which had been received: 1. South Speed Shop, Bopmton Beach - $9.00 - 2-3 days for removal 2. Hoods Auto Service, Boynton Beach - $10.O0 - 2 days for removal 3. Jimmy Ed~rds, Boynton Beach - $8.00 - 5 days for removal Mr. Boos moved that the bids be referred to the proper authorities. Mr. Banks seconded and it was unanimously carried. Awarding - Tires T~e low bid offering free mounting services was submitted by Don's Firestone. ~. Banks moved that ~ accept the recommendation of the committee and award to the low bidder, i~. Boos seconded and it was ~us~nimously carried. ~atteries The low bid supplied by Boynton Auto is recommended. Mr. Banks moved that we accept the recommendation of the committee, and award to the low bidder. Mr. McCoy seconded and it was unanimously carried. -?- MINUTES Regular City Council Meeting March 21, 1966 PUBLIC AUDIENCE ~Lr. Bill Edell came forward and asked about the removal Of cars on N.W. 10th Avenue. He stated that there is a repair shop being run there every night and Stuaday with four or five Oars there all the t~m~ waiting to be repaired. He noted that one car has b&en there for four months and also complained about the debris in front of the Butler house. Mr. Bar, ks explained that the city has not had a place to carry junk cars~ but they do now and this will give the city a chance to clean up this situation. ~. Boos said he felt that we have to go a little bit furthar and see that the ordinances be properly policed and that the people who do these things and cause all these problems should be properly arrested and fined. Mr. Madsen stated that he felt it was up to the police in tDmt territory to take care of these matters and he felt that they have not done this. I~L~. Kain stated he ~as reluctant to blame a department for this situation, maybe individuals Lu a department are to blame, but he stated the city is not unique with this problem and that the cooperation of the citizens is necessary to make it a success. Mr. Banks stated that he hestitates to put any blame on anybody anywhere. He stated he was very grateful for the efforts of Lt. Hamilton and hoped they will continue to work on this situationnowthat the city has a place to take these junk cars. Mr. M. E. Dittes, 312 S. W. 9th Ave., Boynton Beach, came forward to express his opinion on Ordinance 66-10 concerning sever rates. He felt that the installation should be paid for by the builder and that the person who uses the service sho~ld not be charged again. ~EW BUSIh~SS M~. !{ain explained that the Chamber of Commerce requests permission to obtain n~mes of new residents from our records in order that a welcoming package maybe sent to these people. Because of the dupli- cation of a welcome service by private firms, he feels it is advisable to clarify the city's position in relation to these so-called welcoming letters. Mr. Kain recon~nends that the request of the Chamber be granted. Regular City Council Meeting March 21, 1966 Mr. McCoy moved that council grant the request of the Chamber of Commerce. Mr. Collins seconded and it was unanimously carried. LEGAL ~0rdinance 66-5 r_~ud__Readin~ -. Rezon' Boro eh_ Tract from .R-1 to ~-3A Mr. Kain explained that he has met with Mr. Borough and Mr. Allen again and that there is no question but that he owes the city the cost of the water lines that have been installed and also for the streets that were not buLlt. He stated that we do have a receivable and it should be paid. He felt council should take action to rezone or not to re- zone and then take steps to collect these monies. Mr. Moore expla~ed that it is an obligation owed to the city and can be collected by getting & lien against the property. F~r. Kain recommended that we make a formal demand for the amount of money owed for the Water lines and pursue getting money that is definitely out-of-pocket, Mr. McCoy moved that this be removed from the table. ~Lr. Banks seconded. Mr. Banks withdrew his motion when Mr. Moore explained he did not have the Ordinsnce with hi~. On the recon~endation of Mr. Moore, M~. McCoy moved that we proceed to Collect all monies that are legally due to the city. Mr. Banks seconded and it was unanimously carried. Ordinance 66-10 - 2nd Re~din~ - Amena~nM Sewer Rates ~h~. Moore read Ordinance 66-10. ~r. Banks moved for passage of Ordinance 66-10 on second and final reading. Mr. McCoy seconded and it was unani- mously carried. ADMINISTRATIVE List of Payments made in February: General Fund ~Yater Revenue Fund Sewer Revenue Fund l~ater Depositor Fund Sewage Deposit Fund Civic Center Sinking Fund Firemen's Relief & Pension Fund I, & S. Fund Publicity Fund Swimm~'ng Pool Sinking Fund $109,768.17 23,588.04 11,166.65 360.OO 20.00 2.17 57oOO 17,507.93 2,~29.31 8,&Y5,5A 8173,31~. 81 -9- MINUTES Regular City Council ~eting March 21, 1966 Mr. Boos questioned an item covered by check #13181. Mr. Kain explained that this could be a transfer of funds, but that it can be checked very quickly by the nnmber. Mr. McCoy moved for the acceptance of the list of payments. Mr. Boos seconded and it vms unanimously carried. ~1 of Bills ~. Kain recommended payment of a b~ll from Russell & Axon in the amount of $1,903.55 for consulting engineering services and resident inspection for work completed to February 20, 1966. Engineering $ 903.55 Resident Insp. 1,O00.OO Monies are available for this bill from Bond Issue Proceeds. Mr. Boos moved for payment of this bill. Mr. McCoy seconded and it was unani- mously carried. Departmental Reports Mr. Boos moved that the reports be approved. F~. McCoy seconded. It was unanimously carried. _Other Mr. Banks asked Mr. Kain if he had done anything about correcting the signs on Seacres~ regarding right turns. Mr. Kain explained the city has adopted the Unified Traffic Control Code of Florida and'that it is now permitted east and west on Seacrest, but that he is reluctant to make the change on north and south. Meeting adjourned at 9:40 P.M. Attest: 'Tereesa Padgett,~ty Clerk Walter A. b~dsen, M~yor nk McCoy, Jr., J/.. Allison Bank~, ~ounc~l~n _lO~Bert Coll~c~