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Minutes 02-07-66Minutes of Regular Meeting of City Council, B~_y~ton ~each, Florida, held in City Hall, February ?, 1966, at 7:30 F.M. PRESENT: F. T. Kain, City M~nager Tereesa Padgett, City Clerk Gene Moore, City Attorney Walter A. Madsen, Mayor Frank McCoy, Jr., Vice Mayor J. Allison Banks, Counci!~nn Chas. N. Boos, Councilman Gilbert Collins, Councilmau The meeting vms called to order by Mayor Madsen at 7:30 P.M. The invo- cation was given by Rev. Vernon Perkir~s, First BaptiSt Church, and the Flag Salute was led by Mr. J- Allison Banks. Mr. Walter Dutch accepted Resolution No. 66-C commending the Boynton Beach-Ocean Ridge Board of Realtors. Mr. Boos noted the following corrections to be made in the minutes of January l?, 1966: on page &, under No. 3, second line, it should read "...of fill from a tract of land..."; this eliminates the words "two acre"; on page 5, second paragraph, line 6, it should read "...the one low area lying north of 17th Ave...", instead of "...on 17th Ave...", on page 6, parsgraph 3, second line, it should read "...on N. E. 7th St.", instead of "S.E. 7th St." Mr. Boos made a motion that the minutes be accepted with the corrections. Mr. Banks seconded and it was unanimously carried. oLo BUS.SS Mr. Boos explained that the County Tax Assessor is reviewing all com- plaints on over-assessments and is making refunds and adjustments where necessary. He noted that the property owner must make the request in order to secure this review. He stated tb~t the press could help notify property owners and that any publicity, or any method that this information can be brought before the publi$ as to the procedure of getting proper adjustment, will be greatly appreciated by the council members. ¥~. McCoy brought up the matter of agenda revieWs and workshops meet- ings, and stated that he was left with the impression that they would be held in council chambers. Mr. McCoy moved tbmt council have work- shop meetings on the 2nd and lth Monday nights and if therD by any need to have a review or anything additional comes in, then Mr. Madsen and Mr. Kain can call a special at their discretion. There was some discussion as to the feelings of each members concer~ing these meetings and where they should be held, and Mr. Madsen requested a meeting for Friday night at 7:30 P.M. to discuss this matter. This will be ai meeting for council members and Mr. Kain only to discuss th~ · ~ ' no~ existir~- ~y situation MINUTES Regular Council Meeting , BID - 7:~5 P.M. February 7, 1966 There were no further bids from the audience. Mr. B~nks noted tD~t the cow~tttee to handle the bids after received by council will be Mr. Allan, Mr. Kain, Mr. Carnahan and Mrs. Padgett. Mr. Banks made a motion that council acknowledge receipt of these bids and the company from which received, and have councilmen initial. They should then be turned over to the committee for opening and return tabulation to council. Council can accept their recommendation at that time. Mr~ McCoy seconded and it was unanimously carried. M~s. Padgett reed the names of the bidders on each item as follows: 1. Annual Supply of Gasoline and Oil Sinclair Refining Co. , P.O. Box 2762, Tampa, Florida Pure Oil Co. , P.O. Box 307, Bixcayne Annex, Miami, Fla. Gulf Oil Corp. , P. O. Box 369, Miami, Florida Cities Service, Dr. ewer 2890, Miami, Fla. Standard OilCo., P. O. Box Z, Jacksonville, Fla. Annual Supply of Pipe a. Galvanized pipe and copper and brass fittings Ferquhar Maohinery Company, Box 3275, Jacksonville 6, Fla. Gulfstream~ Steel Corporation, P.O. Box 850, Delray Beach, Fla. B & H Sales, Inq., P.O. Box 3555~ Cocoa, Fla. All State P~P~ Supply Co., Inc., Jacksonville, Fla. A. & B. Pipe ~d Supply Co.., ~ N.W. 5th St., Miami, Fla. Southern Meter & Supply Co., P.O. Box lll, Hapeville, Ga. Peninsular Su~ppty Co., P.O. Box 5A9, West Palm Beach, Fla. Smith Blair Co~ 300 Waco St., Texarkmna, Texas b. Cast iron pipe and fittings United States Pipe and Foundry Company, 3300 First Ave., North, Birmingham, Alabama ~. & B. Utility Supplies, Inc. P.O. Box 1309, Miami~ Fla. Mc~¢ane cast' Ir~n Pipe Co., P.O. Box 2601, Birmingham, Alabama Amer~can~st Iron Pipe Company, P.O. Box 8835, Orlando, Fla. B & ~ Sa]~ Inc., P. O. Box 3555, Cocoa, Fla. M & H Valve & Fittings Co., Box 158, Anndston, Alabama Annual Supply of Tires and Batteries Boynton Auto Supply, Inc., 519 N.E. 2nd Ave., Boynton Beach, Fla. Annual Supply of Chlorine Delray Chemical Company, Inc., P.O. Fla. Box 22[23, Delrey Beach, -2- MINUTES Regular Meeting of Council February 7, 1966 Allied Chlorine & Chemical PrOd,, Inc., 6100 Nk~ 14th St., Miami, Fla. Jones ChemiCals, Inc., 1~400 N.E. 20th Lane, North Miami, Fla. Colonial Chemicals, Inc., P.O. Box 7937, Orlando, Fla. Shellrock and Limerock Ed Clanton Tr~cking, P.O. Box 153, Boynton Beach, Fla. Herb w~ard Truck~g, P~.O, Box ~O~I6,.Lan~ta~na, Fla. Keatts Trucking S~rvice, Boynton ~eacn, ~a. Asphalt and Cold Mix Belvedere ConstrUctiOn Co., P.O. Box 28~9, West Palm Beach, Fla. Rubin Construction Co., P.O. Box 2771, West Padre Beach, Fla. Dixie Asphalt Co., P. O. Box 6308, West Palm Beach, Fla. 7. Water Meters Badger Meter Mfg+ Co., Milwaukee, Wisconsin Davis Meter& Supply CO., Inc., P.O. Box 696, Dani~, Fla. Neptune Meter Company, Atlanta, Ga. Gamon/Calmet Meter Division, 296 South Street, Newark, New Jersey HersheY~Sparling MeterCo,, 250 Elm Street, Dedham, Mass. Rockwell Mfg. Co., P~O, Box llS1, Atlanta l, Ga. Public Hearing - 8:00 P.M. Zoning Change Requests: 1. That part of Lot 19 being the E 2~0' of W 392.29' of N 107.31'; also, that part of Lot I9 being the E 5~0' of W 1t87.38' of N 107o38', Sam Brown Jr. S/D and Lot ~, Lot 5 less S 5' thereof, Lot 17, 18, 19 and 20, Boyntonborough S/D. Request: R-1 to Location: ApproXima~,lylO7, undeveloped strip joining and to the Northerplatted lots along the North side of N.E. t6t~ AveDue, between N.E. ~th St. and N.E. 2nd Ct. Owner: W.R. Borough Mr. MoOre stated that any persons that oppose this particular appli- cation should c°me forward. THere were no Objectors in the audience. Mr. Moore noted that the Planning and Zoning Board accepted this request by unanimous vote. -3- Regular Council Meeting February 7, 1966 Mr. Boos noted that ~. Borough was indebted on a bond relative to putting in streets in this area and moved that this request be tabled pending the payment of that indebtedness. Mr, Borough was asked to come forward and there was some discussion as to why these streets were not put in. Mr. Borough explained that he was having ~troubl_e selling the lots and houses in the area and that it did not seem practical to build streets to create more lots when he could not do anything with what he already had. Mr, Boos noted that he would like to see Mr. Borough given some relief on this Situation, but thought his obli- gation should be properly recognized, Mr. Moore explained that the matter does require the adoption of an ordinance to effectuate an amendment to the zonmug code .a~.d recommended fmrst read.rang o.f_th ~- ~d in the interim time attempt tO resolve this ma,%er Wl~n ~.~h--.' This Was agreeable to co'oil. Er. Moore read proposed Ordinance 66-5. Mr. Banks moved that Ordinance 66-5 be passed from first to second reading. Mr. Boos seconded and it was unanimOusly carried. Mr, Moore suggested that Mr. Borough should contact Mr. bain to re- solve this matter on the roads before the next meeting. 2. South 125' of Lot 8 lying North of Boynton Road, less E 3 acres, Sec Request: R-1 to C-1 Location: 681 N.W, 2nd Avenue Owner: Wilfred Couture There were no objectors at this public hearing. Mr, Kain noted tb~t four letters of objection to this rezoning had been received. Three of these objectors had attended the meeting of the Planning & Zoning Board January 6, 1966. Mr. Kain read these letters from Mrs. Don Austin, Box 226, Cellegedale, Tenn., Mr. and Mrs. Laskowski, ~16 N.W. 7th Ct., Beynton Beach, Mrs. Bertie Goodwin, 317 N.W. 7th Ct., Boynton Beach and Mr. John W. Aa~s, 317 N.W. 7th Ct., Boynton Beach. Mr. McCoy stated that he did not like to go against the Zoniug Board's recommendation, but moved that this request be denied. Mr. Collins seconded. The~ was some discussion, and it was noted that the big objection is the fact that Mr. Couture w~11 be parking trucks there. Mr. Banks noted that this property is right in a C-1 area, but would like to know if trucks could be prohibited from being parked in this area, Mr. Moore explained that C-1 is a limited commercial zoning and he did not believe that C-1 property could be utilized for storage of trucks. MINUTES Regular Meeting of Council February 7, 1966 Mr. Boos stated that he has been disturbed over the years when the Zoning Board makes recommendation and then council counts noses politically and passes decisions on that. Me feels that the council should place trust in recommendations of the Zoning Board if they want to maintain a good Board. The vote was 2 in favor of the motion 3 Against. - Mr. Banks made a motion that this be tabled until next meeting and that Mr. 'Kain and Mr. Moore check with applicant to see if he intends to park trucks there and explain to him that is the major reason that council does not want to grant the request. Mr. Moore stated that he thought this type of usage could be specified. Mr. McCoy seconded and it was unanimously carried. 3. Lot l, Dewey Heights S/D Request: R-1AA to R-2 with permissive use for a doctor's office Location: 2869 South Seacrest Boulevard Owner: J.H. Dewey Mr. Madsen noted that this request had been withdrawn. 4. Lot 135, Block A, Boynton Hills Subdivision Request: R-1 to R-2A Address: llON. W. 3rd Avenue Owner: Eugene T. and Jean E. Wilt There Were no objectors in the audience and no one spoke in favor. 2~r. Banks moved that the reco~nendation of the Board be accepted, which was that this request be denied. Mr. McCoy seconded and it was unanimously carried. NAr. Moore read Resolution 66-D for adoption of the following abandon~ ments as recommended by the Planning & Zoning Board. Unimproved dedicated road rights-of-way lying within the subdivision of Sections 29 and 20, Township 45 S, Range 43E, Palm Beach County 1. Thirty foot road right,of-way lying along the north side of Lot 93 and thirty foot road right-of-way lying along the north side of Lot 86 of said subdivision. MINUTES Regular Council Meeting February 7, 1966 ~. Boos seconded 2. Thirty foot road right-of-way lying adjacent~ to and between Lot 79 and Lots 82 through 93 inclusive on '~est, and Parcel "C" and Lots 68 through 78 inclusive on the East, running northward from the north right- of-way line of Old Boynton Road P~est, to the South right-of-way line of the Boynton Canal. 3. Thirty foot road right-of-way lying North of the North right-of-way of the Boynton Canal and South of Lot 9& of said Subdivision moved for the adoption of Resolution 66-D. ~r. Banks and it was unanimously carried. .PUBLIC AUDIENCE Mrs. Boos presented a deed from Mr. and Mrs. Boos to the Mayor for the City of Boynton Beach for the old parsonage of the Methodist Church. Mr. M~lsen expressed his thanks. Dr. Manthy came forward and asked abo.u.t~! ~e a~c~at, ions~_.~d+e ~g~e~ Mr. Moore. He a~ked Council m~mber~ m~ ~ey hove mnves~mg~ea n accusations. Mr. Collids sta~ed that he found ¥~. Moore extremely competent in his job, he is cooperative and informative. He stated he was not in the charges. Mr. McCoy explained that he did stated that the ladies still stick had called both ladies to He sta~ed that the city and believe that there was a vie- has a lation B~nks stated that he talked to Mr. Moore about' counsel and could not determine that the~¢ was He said he took Mr. Moore's word and interest of the city. Mr. Boos stated that he felt that the best interest of the city was served in the action council took. He also stated that one of the ladies had made the remark that she felt there was a misunderstanding or misrepresentatiOn. Mr. Jim Goodwin, hl6 N.W. 2nd Ave., came forward and complained about a water hole which exists at the Suncoast Apartments and stated that the situatkon should be corrected. He also complained about the area at Ocean Ave. and the railroad tracks. He said a person could not see what is co~ ~because of trucks parking along there and a tent being ~here. Also that there is a clump of grass that needs to be rem-oved. M~;~~ B6~s apologized for the conditzon of 2nd Ave. and stated 4~hatmit ~I?U~.? ~ m~intain~d by the County but wh~t little maintenance is den? off it is done by the city. He stated tD~t the county will be doing work on this s~reet by ~uly. MINUTES Regular Council Meeting February 7, 1966 M~s. Emily Jackson, 728 N. E. 9th Ave., came forward and asked about the time of workshop meetings. ~. Madsen said he had called a special meeting for Friday night and hoped to clear this matter up. NEW BUSI~ESS., Request for abandonment of utility e~sement - Board of Public Instruc- tion. The Board of Public Instruction has requested the abandonment of a utility easement granted to the City of BoYnton Beach on September 27, 1965. This easement is described as follows: The West 10' of the West ½ of the SE~ of the N~, Section 21, Township ~5 South, Range &3 East, Palm Beach County Mr. Kain explained that this easement was obtained for the purpose of installing a sanitary sewer force main. Because of problemS with other owners, the main was relocated on another easement granted by the Board. This easement is no longer necessary and the Board of Public Instruction wishes to develop lands north of the existing school plant. Ther~ are no other utilities located there nor are any planned. It is recommended that this easement be abandoned and the appropriate officials be authorized to sign the release of this easement and other necessary documents. Mr. Boos moved that the easement he abandoned. Mr. Benks seconded and it was unanimously carried. Resolution 66-E re: Vocational School Site Mr. Moore stated that the School Board has approved the 20 acre site for this school and has requested that the cit~ formally authorize the granting of this property and deliver a deed to them.~ Mr. Moore read Resolution 66-E in regard to the above. Mr. McCoy'~d that· Resolution 66-E be adopted. Mr. Banks seconded and it was unani- mously carried. LEGAL Ordinance 66-1 - 2nd Reading re purchase and sales of secondhand merchandise Mr. Moore read Ordinance 66-1 by caption only. ~. Boos moved for acceptance on ~inal reading of Ordinance 66-1. ~r. McCoy seconded and it was unanimously carried. -?- MINUTES Regular Council Meeting February 7, 1966 Ordinance 66-2 re: Club Beverage Licenses Er. Moore explained that this proposed amendment is to put club an exempted category which is now bound by distance re- licenses in quirements that exist. After some disCussion on this matter, Er. McCoy made a motiOn that this request be denied. Mr. Banks seconded. Er. McCoy noted t~t he felt that there was enough property in the city already zoned properly for this Club location. Er. Booe stated that he would like to see these people given some relief and felt that they were trying to find the right place, but would go along with the motion. The vote was ~ in favor of motion and 1 against. Ordir~nce 66-3 re: amending license ordLuance Mr. Banks moved that Ordinance 66-3 be removed from table. Mr. McCoy seconded and it was unanimously carried. Er. Moore read Ordinance 66-3. Mx. Boos moved that Ordinance 66-5 be passed from first to second reading. Mr. Banks seconded and it was unanimously carried. Proposed Ordinance 56-~ re: dirculating charges against candidates for mnnicipal office Mr. Moore read Ordinance 66-~. ¥~. Banks moved that Ordinance 66-~ be passed to second reading. Er. McCoy seconded and it was unanimously carried · Resolution 66-F re: '~idening and Improving Seacrest ....... 66 F reurging the county to wor.k o.n Se~a- Mr. Moore read ~eso£u~w~ -_~ . ~ ~..~ ~ ~A-F be adopteG aha crest Blvd. ~ir. Banks~ moved tna~ ~eso~ copies be forwarded to the County Commission and the State Road Dept. Er. McCoy seconded and it was unanimously carried. Subordination of Easement ~. Moore ~xplained that in connection with the widening and improve- ment of N.W. 2nd Ave., the State Road Department has requested the subordination of an easement the city obtained from Dr. ~kes, which consists of the E 5' of S lC' of Lot 129 Ridgewood Hills. It has been examined and there are no utilities involved~ and Er. Moore recommended that the Mayor and City Clerk be authorized to sign the subordination of encumbrance agreement. ~r. Banks moved that the ~yor and City Clerk be authorimed to execute the subordination of enct~nbrance agreement releasing that portion of easement on Dr. Akes property~ Mr. McCoy seconded and it was unanimously carried. MINUTES Regular Council Meeting February 7, 1966 Mr. McCoy moved that the city attorney be instructed to take w~t- ever legal steps necessary to place on the bal~t of the next general election a proposal limiting councilmen to two consecutive terms. If this is the desire of the people as sho~n on the next ballot, then present it to the next State Legislature as a Charter amend- ment. Mr. Collins seconded. The vote was t for the motion and Mr. Banks voted against. Mr. McCoy stated that he had caused a resolution to be draEn through Mr. Kain. ~ir. Moore read Resolution 66-H in regard to having the municipal beach facilities owned and operated by the City of Boynton Beach called ~alter A. Madsen Park. Mr. McCoy moved that this Resolution 66-B be adopted. Mr. Banks seconded and it was unanimously carried. Mr. Nadsen expressed his thanks and stated that he would like to see the beach area kept in better condition, so it could be an area the city could be proud of. Mr. Madsen recognized Mr. Mahoney in the audience. ADMINISTRATIVE Presentation o£ Assessment. Roll - filling Lots 5~ 72 ar~ 73 Lawns S/D Mr Moore sta~ed that a copy of the assessment roll had been submitted to council. ¥~. ~s moved that assessment roll be approved as sub- mitted to council. Mr. Boos seconded and it was unaniniously carried. Mr. Moore read Resolution 66-G formally adopting roll. Mr. Boos moved for adoption ~£ Resolu~iO~ 66-G. Mr. Banks seconded and it was unanimously carried. Youth in Government Da~ The Boynton Beach Junior High School officials have suggested March 15 (Tuesday) as the Third Annual Youth in Government Day. This arrangement will enable us to hold the ceremonies which have pre- ceded this day at our workshop session Menday evening, March l~th. The students who w~l~ participate in the program w~l be afforded more opportunity to observe the Council at work. It would also be advisable to invite the designated students to the regt~lar meeting of ~rch 7 in order that they would have the additional opportunity of observing an official meeting. Mr. Madsen noted that this was initiated by Mr. Banks and is something very beneficial to the youth and inspiriug to them. Application for permit to solicit - American Legion Auxiliary - February 18 and !9 ~ Poppy sales MINUTES Regular Meeting of Council February 7, 1966 Mr. Banks made a motion that the request be grouted and the fee waived. ¥~r. McCoy seconded and it was unanimously carried~ Establishment of Insurance Committee In order to assure the city of the widest possible participation of insuramce coverage, Mr. KaJ.u reco~mended~hat the Counc. il formally approve the establishment of an insuranc~ committee to. l) prepare specifications for all fire and casualty lines of insurance 2) to analyze the bids for the several lines to be received and 3) to make appropriate recommendations to the Council on these bids. The insurance committee would be made up of the licensed resident agents in the city. There are at present seven agents who would so qualify. Mr. Kain also recommended tb~t Council authorize as a requirement for bidding that bidders be restricted to those a~encies who presently maintain an office in the city and who have done so for a period of one year prior to time bids are received. Mr. Boos moved for the adoption of this insurance committee. N~. Banks seconded and it was unanimously carried. Mr. Moore noted that if any prior procedure was done by resolution, that motion would include repealing same~ Bulldozer Re~air Mr. Fain explained that the D~ bulldozer is presently out of operation and requires extensive repairs. An estimate has been received from Kelly Tractor Company~ West Palm Beach, indicating that the work will cost approximately $550. Mro Kain requests that council authorize this work to be done - not to exceed the ~mount of $550~ Mr~ Banks n~ved to authorize this expenditure for repair of this equipment not~ to exceed $550 so that Mr. Kaiu may proceed. F~. Boos seconded and it was unanimously carried. APPROVAL OF BILLS_ Confirmation of the payment of the bill for two police cruisers in the amount of $~,~93.10 from Activity 3100, Account 512. Mr. Kain ex- plained that these two police cruisers were delivered and placed in operation several weeks ago. The b~tl was paid and he requests Con- firmation. Mr. Banks moved that council confirm payment of police cruisers~ ~Lr. Boos seconded an& it was unanimously carried. Minutes Regular Council Meeting February 7,, 1966 Advance Air Conditioning & Heating, Inc. This bill is in the amount of $1,738 and has been budgeted as part of the Library construction. Activity 5900, Item 2 in the 196&-65 and 1965-66 budget 4 Bumby & Stimpson - Semi,Final Estimate All of the sewer construction work on thio contract with Bumby & Stimpson has been performed. The total amount of the retainage is $23,98h.93. It is recommended that the sum of $5~OO0 be withheld on this in order to assure completion of any unfiled complaints which may still be outstanding, payment of $18,98~.9~ to Bumby & Stimpson is recommended. Whitmire-Mock, Inc. - Lift Station Contract - Periodic Estimate #1 This estimate is in the amount of $30,657.12 and p~yment is reconmnended. Whitmive-Mock, Inc. (National Construction Company) Sewer lines contract - Periodic Estimate ~l This payment of $66,~02.97 is recommended. All of the foregoing estimates have been reviewed by Russell & Axon, Mr. Carnahan and the Department of Finance. This work is done pursuant to the authorization under the 196~ Utility Bond Issue and monies are currently available for payment. Russell & Axon $2,855.62 Engineering services for construction completed through January 20, 1966 Engineering Services $1,855.62 Resident Inspection 1,O00.OO Extensions on this bill have been verified and monies are available in the sanitary sewer construction fund. Payment of this bill is recommended. Mr. Banks moved that these bills be paid. Mr. McCoy seconded and it was unanimously carried. -ll- MINUTES Regular Council Meeting February 7, 1966 OTHER~ Mrs° Hood had requested time on the agenda and she came forward at this t~me and requested further iuvestigation aud review of~ the Husted matter, and also a review of the past and present method of hiring and firing policemen. Mr~ Kain noted that or~ the 29th of January he had received a letter from ~. H. H~ ~askow request~ council to consider changing of an ordinance re: presence~ of minors in dance halls. Mr. Eain noted that he had supplied Mr. MaSs.eh with a police report tistir~ ~4 complaints in that location and in view of that report and request of the police department, M~ Kain stated that he could not recommend a change at this time° Mr. McCoy moved that council deny this request. Collins seconded and it was unanimously carried. Meeting adjourned at 9:45 P.M~ ~alter~. ~a~s~n, Mayork-  . Allison~Ban. ks, Attest: /~ M L Frank cCoy, Jr., Vice Mayor C ounc ilman ~ouncilman -12-