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Minutes 11-15-65mINUTES OF REGULAR ~E£TING OF THE CITY COUNCIL) H£LD IN CITY HALL, 8OYNTON 8EACH~ FLORIDA, NOVEMBER 15, I965 at ?.30 P.m. PRESENT: JAMES J. I~HONEY, ¥~YOR WALTER A. MADSEM, VICE NAYOR JOHN L. AROHIE, COUNCILN~N ~. ALLISON BANKS, "CO~NC~N CHAS~ N. BOOS, '00UNCI-LMAN F. T. KAIN, CITY MANAGER GENE MOORE, CITY ATTORNEY TEREESA PADGET~, CITY CLERK The Mayor called t~he m~eting to order at 7:30 P.M. The Reverend Vernon Psrkins of the First Baptist Church g~ve the invocation and Mr. Banks led the Flag MINUTES Mayor ~ahoney noted an omission in the minutes of November 1 and requested that the minutes show thst Mr. Banks was absent f~om said meeting because of urgent personal business. Mr. Archie so moved with ~. Boos seconding the motion. Carried ~0, M~. Banks abstaining. Mr, Madsen moved to accept the minutes of the Special Y~eting of November ~. ~iotion seconded by Mr. Boos and carried A-C, Mr. Banks abstaining as he was not present at the meeting. OLD BUSIR~SS Confirmation of Approval of Nominees Mr. Boos moved to confirm the approval of nom3mees since Mr. Bamks was not present at the meeting November 3rd. Motion seconded by Mr. Madsen. Vote: 3 YES and F~. Archie and Mayor Mahoney abstaining. Proposed Resolution 65-~ - re lots 53 and 5~, Dewey's S/D The nuisance at sa~d parcel constitutes a detriment to health and welfare of the residents of the City of Boynton Beach. Mr. Banks said that thiswas s_im~lar to other past instances and since this would only put the City in a position to procee~ further if the Council so desired, he was in favor of enactment. It was pointed out there was no consideration at the present time of any bulk- heading north of Ocean &venue. Mr. Boos moved for passage of Resolution6$-~N. Seconded by~. Banks and unanimouslycarried 5-0. Proposed Resolution No. 65-00 - re Demolition of FEC Station Mr. Moore felt that this should be deferred until after the bids on the demolition were opened. 7:~5 -Final Time to Receive Bids. -1- Procuress Rem crt -~ Golf Course Committee - presented by Mr. Banks It was the feeling of Mr. Banks that this would be a practical and profitable venture for the-City. There are twenty-six Florida cities o eratirg municiPal golf courses in the State which return app.roxi- P ' 1 according to the Florida mately~5;O00 to $~O,000 profit ar~u~ ~y~ ~---~.$+ .... ~ ~u~ested to nea~ .......... ~- - the National ~o±z Council according to the' recommended procedure of Foundation of America. The Mayor and City Council City Manager City Attorney Chairm~n of the Planning and Zoning Board Chain of the Recreation Board Chairman of the Industrial Committee There are two usual methods of financing: l) General bonding obli- gation and 2) Revenue certificates or bonds: thereby those who bene- fit from it will be the ones paying for it. Although golf courses do not come under Federal Aid~ according to Mr. Nickalori we would be eligible for a 50% Federal Grant for the acquisition of land for development of parks and recreational facilities. Mr. Archie moved to thank Er. Banks for his excellent work and to approve the report thereby accepting the proposed committee. Motion seconded by Mr, Boos and carried 5-0. Proclamation designating December & - ll, 1965, PALM BEACH COUNTY GOLF WEEK lJ~yor ~honey noted after reading the proclamation that the PGA Nation~Golf Tournament being held in conjunction with GOLF ~EK would be carried on over 192 TV stations both nationally and abroad and would be a good source of publicity for Palm Beach County. Also the communities of Palm Beach County were asked to assist financially in making the Tournament a success. Both %"Jest Palm Beach and ~the County Commission had already responded and the Mayor suggested the City donate $200 from the Publicity Fund. The City could receive mention in the brochure for this. Er. Banks moved to make a contribution of $200 to the PGA Natiomal Golf Tournament. Seconded by Mr ~ Archie and unanimously carried 5-0, Proc!amatioD - OPF~ATION BOOST Although this was received too late for the Veteran's Day observance, the M~yor felt it should be rea% as OPERATION BOGST pertains to the raising of the ~orale of our men overseas and to show we stand be- hind our Government and our fighting men in Viet Nam. So moved by Mr. Boos a~d seconded by~. Archie. Unanimously carried. -2- MR~JTES City Council, Boynton Beach, Florida November 15, 1965 Proclamation - cOMMUNITY DEVELOPMENT MONTH The Mayor read this proclamation promoting c~mmunity development at the request of the Jaycees. Report by Vice Mayor Nadsen - Streets~ parks, playgronuds and fountains. ?he Vice Mayor noted that only one ~ighway island of the thirty-eight in the city Was 'still to be beautified and asked N~o Kain to follow through on the beautification of the entrance to Coquina Cove. He also stated that work on the two decorative fountains will be started within two weeks. Discussion of Fink~r Canal~ The Mayor stated ~that this is a continuing problem and that recently the ci~ty has' had several written complaints regarding the condition or,he Canals to the west off Boynton Road and a report of a dam ~i~h has been built just east of the E-A Canal in the Bo~ton Canal. i~, t~ If this is true,, it .would naturally for.ce, the.~hy, ac c f52~ger canals. .The Mayor suggested that ~w. ~amn cnecm action can be taken. The feeling was that the dam in the Boynton Canal Was probab~ a temporary me.as ~ure ,while construction was going on, but the matter should be checKeG Mr. Kain reported that the Palm Beach County Mosquito Control would begin spray~g in our eanats November 23rd with 2~-D and dov~on. The des{ruction of the water hyacinth.s, would ~ta~k~e_a~Pp_~r_o.._x~. ~lYdoOne month~ By elimlnati~g the hYac_i~..ths %ne_y~w. ouz.a.u~ n~.p~olein and away'with the mosquitoes. The City has ±~) ga!lons.oz.a~cr t~ County will ~use ~his to spray the elodea approxuna%e-y ors month later. The canals should be clear by the end of December. ~{r. Madsen sug~ested the use of th.e C. it~y dra~gl~+e+.t~o or~.~v~htech~ grasses from t.h~ canals and S .t~g~esDea~ %oo, Dna~ ~nto~ the pcseib~ty of using the County owned swamp uggy Brid~e - Old Bo~nton Road Th~s bridge is ~so under County ma.int..enance and ~the tP~bel~Cecle~ks Department did ~l they. icould to ge% ~% opene~ azuer washouts. ~yit~'%he o~ing of Congress Avenue th~s coming year, __ _ ~ .,~ _~[iU. jj~ &_~&.~ to the attention of the County Commission the importance ~df this ~bridge to the County with the new heavy flow of traffic. City Council, Boyn~on Beach, Florida November 15, 1965 Wahoo,Inc. Mr. Boos moved that the City Manager do all possible to investigate to a concrete bridge the possibil~ Y of getting the bridge converted . as soon as~ possible. Seconded by Mr. krchie and unanimously carried 5-0. BIDS - Demolition F.E.C. Station 1. Big Chief, Inc. $2~880 2. l, 730 3- E. L. Watkine 850 F~r. Watki~s was present in the audience and stated it would be strenu- ous %o complete the job in twenty days. Said thirty days would be much bet~ero Mr, Archie moved to award to the low bid of E. L. %~atkins of $8~0 with work tc start in ten days and be completed within thirty days with penalty of $25 a day for each day over the thirty days~ and also to authorize the ~yor and.Clerkd to sign the contract. Motion seconded by ~. Banks and carrie 5-0. Resolution 65-00 ¥~. Moore rea~the resolution regarding the demolition of the F.E.C. station. Motion to accept the resolution was made by Mr. Archie. Seconded by Mr. Banks and carried 5-0. - ~ S PUBLIC ~AR~qG W~f~d CoutUre - N.W. 2nd Avenue, W¼ of Lot 8, lying north of Old E 3 acres. Sec 20/&5/~3. ReGuest: R-1 to C-1. Boyn%on Road, l~es ~ one Appeared to speak in favor of the request. .... ~i~ ~aUsethe co~merczal proper%yWo - - ia ~11~ the ~q~j~¥-r~ ~ - ~ ~ there were any oojec~ors ro erty~ ~r. ooo~ =~-T -- M,= ~nwothv Hayden objectee P P C-t ............. . front of~the property ~.zug ~on~ ___~ to maintain an attractmve ~'she felt the ul~y snouz~ wa~u . and sai~i ........ ~ especially if there is going approach~to'the City iro~ %~e w~u: ~ , . ~ nearb· She did not feel Mr. Couture's property was to b~ a~pa~k ~-~Y~ ~+el but supposed that the resideut~ ~f t~e an 1Ges~t piac. ~. - ~_ ~++~= e~ H~nlexes. but they dld no% area wou~d pr Y . - ' on e ro er y ~ - -~ ...... ~ ~zmit ~aat was built th p P wan~ the~. ~e~ uouno~£ cou~ ~ ~ro Mads~n m°ved to deny the request of Mr° Couture. Motion ssoond~byMr. BOOS and carried 5-0. City Council, Boynton Beach, Florida November 15, 1965 Ivy Merkel- S 136.7 feet of W 60 feet of Lot 6, Block 14, Sawyer's Addn. ReGuest: R-2 to R-~ Mr. Norman Merkel spoke in behalf of his mother's request. She wo~d~ l~e to cell the pro~y and was advised by her rector t~t it wo~d be~.mo~ attractive to a prospective buyer if z~ed R-3 for professio~l of~ces- The ~ard of ~blic ~st~ction had raised objection to the P~nn~ ~d Zon~g B~rd zs they felt the ~creased traffic ~th a R-3 zon~ wo~d create a hazzrdous condition for the c~n ~ the near~ ele~ntary e~hoo!. Th~ }?no~is~=e~erpt fr~ the P!a~ and Zon~ ~utes o~- l~e~r ~, ~u~: "S~oe the school is to be a~oned ~th~ a few years and there is not sufficient room fo~ a new school ~ be bu~t ~ this block, Cha~ Wo~leb suggested that the City ~ht look ~to the possib~ity of b~g F~s. Mer~l's pro~rty. Mr. Weaver stated t~t it had b~n the op~ien of the P~g B~rd tD~t the City shoed acqu~e ~ the propert~ ~ the fo~ bl~k. a~_~at~ City Co~lex~ He referred to ~he City's agreemen~ wm~n %ne ocno Bo~d that when the ~school is a~nd~ded~ the City w~l take title to the pro~rt~' ~ e~e for ~he twe~y acres the City had do- ted to the B~rd for the new vocationgl school. Mr. ~%~eaver said he felt the City ne~ded~the Me~kel proper%~ for the fut,~e. ~o~c~ said they ~ew of no such agreement, but ~. Moore sta~d ~ ~ his ~ ~With the sche01 b0a~ ~egard~ t~ d~on of ~=~ by the City fOr the G~tx Vocational ~hool, he ~d ~sc~sse ~'~,~l~of the Ci~F ~ the ~emen~y school land ;' - ~--- ~ mtlve~bV adres ~ the S~ sectmon of the City. The f~llo~ is ~ :;o~i~ fr6m ~e Pl~ and Zo~ B~rd meet~ of N~e~er :~, '~. ~[eaver m~ed ~t the ~uest be granted with the reco~ndation t~ the city negot~t® f~ t~e p~pe~y to be used for such pu~oses as ~he City ~ee~ ne6essary ~ ~the fut~.~ ~t~o~. ~e~onO~d b~ We~tz. ~. Olds w~hed to a~d the word . ~emy ~o ~ne mo~mo~ -.~ . .L __~ ,, the City ne~iate ~ediately for the prope~y ..." ~n~ent accepted a~d the ~tion Carrmed ~a~ousiy. M~. Archie ~ved to ~bte this request ~or ~wo.v~eks ...... ~*~ o~ Mr. ~Yeav~ reEa=d~ ~e~a~e n~go~ma~ ~ ~ne for the City. Seconded: by ?r. ~s and caromed a~ised ~s. ~rkel'~ ~hat either ~. Moo~ or t~. touch ~th her sho~ly. -5- MINUTES City Council, Boynton Beach, Florida November 15, 1965 Ver~iS~ Butler - Lot 36, Lainhart's of 3 S/D. Request: R-1 ~o R-2. There was no one to speak for or,.against this request~ Mr. Banks moved to table and wait for the report of the Planning and Zaning Board's inspection of the area in question. Motion seconded by M~r. Boos and carried 5-0. NE~ BUSINES~ Letter requesting use of the Little League Ball Park for an evangeli- cal meeting. ~ir. Banks questioned Council's right to give this permission as this field is owned by the Connty School Board. Mr, Moore stated it was for b~ll and recreational programs. Mr. Archie moved to request the School Board to grant permission for this use and the matter then returned to Council. Seconded by Mr. Banks and carried 5-0. Mr. Banks noted that the use of the park is requested for before the next regular Council meeting. Tb~W You Letter from Mr. and Mrs. ~falter Ti!ton__ Letter commending the action of the Boynton Beach Fire and Police Departments in the Tilton'S recent emergency. Letter from Pine Tree Golf Club, Inc: They request a meeting with the Conncil regarding possible water and sewer installation at their property. Mr. Banks moved to meet with them as soon as possible, possibly for lunch. Motion seconded by Mr~ Archie and carried' 5-0. Thank you letters were read from the Seacrest Bank Boosters Club and from Boynton Beach Junior High for the City's recent donations. Mr. Renice Lansing, principal of the Junior High School, has re- quested the funds budgeted for this year be released as soon as possible. So moved by Mr. ~dsen that the money be sent to both schools at this time. Motion seconded by Mr. Banks and carried 5-0. American ~ater ~orks Safety Award The Florida sectiom, of the American Water Works Association presented the City of Boynton Beach with their safety a~rd for outstanding safety measures and no loss of man hours due to accidents. Mayor Mahoney requested the City Manager to write to the local chapter on behalf of the City Council thanking them for what they have done. -6- MIk~JTES City Council, Boynton Beach, Florida November 15, 1965 Letter from Dr. Vernon Astler. A letter of thanks for the efforts of the City in eradicatiug mos- quitoes. A discussion followed regarding the many effective uses of a fogging ~achine. Feeling was that it would be to the City's advantage to have a mach_k~ue of its own as it could be used for hor- tiCu~t~al spraying as well as mosquito control. This machine gives 800 lbs. pressure~ LEGAL ~- 2nd reading ~. Moore read by caption only Ordin?ce 65-43 regarding adopt~g of assessment roll for ~v~ that portion of S. E. 9th Avenue lying be%ween S. E. 1st Street and the F. E. C. railroad. Mr. Banks moved for passage of this ordin~uce. Motion seconded by Mr. Boos and carried 5-0. Resolution 65~PP was read by~. Moore requesting release of land from the State Road Department. Mr. Boos moved to accept the resolution. Motion seconded by M~. Archie. It was noted that permission by letter to erect the fountain on North Federal Highway had already been given. However, this resolution of formal release of land for the new Chamber of Commerce building has been requested bythe SRD and would be an integral part of the con- tracts. Vote was called and Motion carried 5-0. Resolution 65-QQ The City Attorney read Resolution 65-QQ regarding force main crossing ~eaboar~ Railway. Mr. Archie moved to pass this resolution. Motion seconded by Mro Madsen and unanimously carried 5-0. Park Site Mr. Moore read a lease already signed by Mr. W. H. Dyer granting a park site to the City for ten years at~'$1per year just north of St. John'e Methodist Church o~ North Seacrest Boulevard. The terms of the lease include anythS~g placed on the land remain property of the City, but it would have to be removed within 90 days of written notice. However, Mr. Dyer does not intend to use this property, at least not for m~nyyears to come. Mr. Moore recommended acceptance -7- MINUTES City Council, Boynton Beach, Florida November 15, 1965 of the lease. Mr. Archie noted the City has five b~lt parks south of the Boynton Canal and none north of it. This park would be ideal for such purposes being appro~tely a ten acre tract. ~. Archie mo~sed that the Mayor and Clerk be authorized to sign the lease with Palm Beach Memorial Gardens and that both Mr. Dyer, Senior and Junior be sent a letter of thanks. Motion seconde~ by Mr. Banks and uuanimously carried. Extention Fire pro~e.c..tion - Town of Ocean Ridge Mr. Moore repor~d that the ~l,O00 due from the Town of Ocean Ridge f.or fire pro~ec~ion through De~ember 31, 1965 l~d been paid and s~b- mitted a ~rOposa~ whereby from January 1 th~u 31, 1966 extension of fire protectign.service wou~.d cost the Town of Ocean Ridge $750 on the basis o£ ~9~O00 per year; and February i through April 30, 1966, at $2~250 pay~e on~ the first day of the P~rticular month. Also $75 per ~nt due and payable on an annual~ b~sis. Mr. Moore felt th9 charges should be levied, as set forth ~ith Council retaining the privi~te.g? O~ r. efunding any portion app~able should the To~n of Ocean RmdEe initiate their o~n fire protection during said time. Mr. Archie moved to ratify the proposal as s~ted by M~. Moore. Motion seconded by Mr. Banks and c~ed 5-O~. 0.rdinance No. 65-A8 This ordinanc~ e ~s r~e~qu, ested by Police Department ~.mending Section 17-32.2 6f the Code r~: assaulting and resisting arrest. Mr. Banks moved~ for .pass.age to 2nd readiug. Motion seconded by Mr. Madsen and carried 5-0. .P. UBLIC AUDIENCE Mr, Joseph ~Bates who operate, s a business at 610 East Ocean Avenue stated t~t ~he proper{y adjacent to his was nothing but a "ho ~llow and~ did not belong /n the center of Boynton Beach. k~ater stands on ~he property year round only six feet from his building. He was most anXiOus that the first lot directly east of his property be taken Ca~ Of. Mr. Kain stated that the owner, a local realtor, was comin~g ~n to discuss the matter the following day and the City Manager fet~ something could be worked out to N~. Bates' satisfaction. Mr~ Boos addressed the gathering as a citizen and taxpayer with re- gard to the apparent injustices.in the County assessments of Boynton Beaoh properties and moved to direct ~he City Attorney and City ¥~%nager to make proper inquiries to determine if there is anything the City could do to protect the interests of its citizens and to take the proper action. Motion seconded by Mr. Banks~ -8- MINUTES City Council, Boynton Beach, Florida November 15, 1965 ~yor M~honey said he would like clarification of to what lengths the City Attorney and City ~Lanager should go, Mr. Banks fe.l.t the to Mr. Maxwell, County Tax Assessor, mnen ~o City should go first Mr. Dickenson, State Comptroller. ~. Boos at the request of Mr. Archie rephrased his motion to have the City Attorney and City Manager report~their findings to Council. This amendment was accepted by Mr. Banks and the motion carried 5-0. Mr. Moore ~s directed to prepare a release with Mr. Boos' approval for Mro Kain to issue to the press, none of whose members were still present at the 'meeting. Mrs. Banks, present in the audience, was recognized by the Mayor. ~DMINISTRATIVE Ao~t of Election Board. The following board was approved for the November 23rd primary. Mrs. ~rie Olds N~s. Irene Hayes Mrs. Helen Kirkeby ~s. Mdldred Hallier Mrs. Helen Brull Mrs. Erna Weaver Mrs. Marjorie Kirkpatrick Mrs. Lizzetta Tergesen Mrs. Frances VanDevender Mrs. Helen Boeddinghaus ¥~s. Elsie Hartwig Mrs. Helen Haberstock Mrs. Maybelle Beckwith Mrs. Mildred Dodson Mrs. Anna Sincoff Mrs. Agnes Duffy Mrs. Mrs. Mr°Banks moved to accept this Board. and carried 5-0. Jan Wertz Mrs. Ollie Heath Dorothea Rich Mrs. Thelm~ Goodwin Mr. Dirck Grootenboer Mr. Harvey Stuart Motion seconded by Mr. Archie Colo~s.l Ridge Developers The developers of Colonial Ridge, Town of Ocean Ridge, have requested extension of water lines from the City. This has been approved by Russell'a~d Axon and is to be installed and paid for by the owners of Colonial Ridge and when completed, it would be turned over to the City of Boynton Beach as a part of the Ci~t~y'~ system. T.here would be two fire hydrants on private property~' ~elt agreemenD on these out s~milar to one with ~. ~/~z~ ~ ~ ~. be ~NUTES City Council, Boyn~on Beach, Florida November. 15, 1965 The water would be charged on a bulk rate passed through one meter, but it wo~ld be 25% higher than b~lk rate in Boynton Beach. Mr. Banks raised the question of whether or not the City had the right to specify the type of pipe to be used on private property noting that transite would not be acceptable. The City requires cast iron pipe, According to the proposed request, the City would own a water system on p.rt. vate property and Mr. Boos pointed out that as.~a m~t. ter ~tice the City's obligation ends at the meter, o~nerWmse, %here ~o~d be'preb!ems~of maintenangme., Mr. ~ds.e~n m~o~ved~to_t_~_n~ t_h~e~ed request over to ~r. Moore. Motion seconGeG oy ~v~. 5-0. Request for Beverage License. - The Pub, AO0 N. E. 2nd Avenue, formerly the sUgar Shack. This request for beer and wine served on the premises and take out was made by O. A. Estabrook. Everything beb_ng iu order, Mr o Madsen moved to grant th~ request. Motion seconded by ~. Archie and carried ~-l, Mr. B~uks voting NO. ~eGuest for Transfer of Beverage License 1. A request was made for transfer of a beer and wine license from Clyde Freae~ rock to Ella Louise King, ll9 N.E. 10th Avenue. Since all details had been checked, Mr. Madsen moved to grant the request Motion seconded by ~. Archie and arrried 5-O. 2. A request of transfer of beverage license at the Old Dutch Mill, 1022 North Federal Highway, from Mr& Seabolt to Mr. and Mrs, Robert Sriver. Mr..%rchie mo~ed to grant the request. Motion seconded by Mr. Madsen and c~rried 5-0, Christmas ' hr' Council agre~ed to give Mr. Kain a free hand to see that the prelimin- ary work be completed so the lights could go on after Thanksgiving. The work to be done by the City crew. Christmas Bonus It has been normal procedure that one week's salary be granted to all City ~emptoyees at Christmas time. So moved by Mr. Madsen and seconded by Mr. Archie. Unanimously carried 5-0. Civil Service Apoointmen.t. Mr. Boos moved to appoint Mrs. Bishop to the position of Personnel Director. Motion seconded by Mr. Banks and carried 5-0. MINUTES City Council, Boy,ton Beach, Florida November 15, 1965 A ~roval of B~ll Nfo Archie moved for approval of bill from Russell & Axon in the amount of $2,76 Z99. Motion seconded by Mr. Banks. ~ouncil felt there had be~n laxity on the part of the inspectors the ~aur~l Hills section and felt the contractor should not be p-id. for an~ more pipe laying until these roads are fixed. Motion unanimously carried 5-0. Deparbmental Reports Mr. Banks moved to accep the departmental reports. by Mr. Boos ~.ud carried 5-0. Motion seconded OTHER Annual Board~inner Mr. Archie suggested Monday, November 29, 1965 at 6:30 for the social hour and 7:30 for dinner. Mayor Mahoney asked Mrs. Padgett to go out for bids from the local restaurants. Extension of Water Line to Lot ll, Robinson Addn. ¥~. ~lorentino and Mr. Spano have requested a 2" line to extend approx~tely 200'. It was suggested that if a 6 inch line were used, it could be looped and thereby serve others in the area now on wells. Mayor Mahoney instructed Mr. Kain to prepare a memo with a cost estimate on installing the 6 inch line for initialing by Council. DeMarco Property. There was a discussion as to the payment of an appraisal fee re the DeMareo property. Mr. DeMarco will not pay for the appraisal but would be willing to absorb the cost if the City were to purchase his property. Mr. Boos suggested that ~. Allan, the City Tax Assessor, go out and appraise the propertY and submit a report to the Council and also to allow himS25 if necessary for a consulting fee. The Mayor recognized Mrs. Madsen in the audience. -ll- MINUTES City Council, Boynton Beach, ~lorida November 15, 1965 Request of Industrial Board The Industrial Board has requested approval of a $91.20 expenditure for a trip. They have money budgeted for this~ ~. Banks mcved that a check be drav~to the Travel Bureau to cover this amomut. Motion seconded byM~~. Boos and carried 5-0. Meeting adjourned. Walter A. Tereesa Padg~j, City Clerk on Banks ~ Councilman -12-