Minutes 12-19-60MINUTES OF I{EGULA3~ lVIEETING OF CITY COUNCIL, BOYNTON BEACH,
HELD AT CITY HALL, BOYNTON BEACH~ FLORIDA, DECEMBEi% 19, I960
LOUIS S1VIITZES~ CITY iVL&NAGEI%
TEREESA PADGETT, CITY
GEt~E MOOt{E, CITY ATTORNEY
DII{CK GI{OOTENBOa~t{, SIIPT. OF
PUBLIC WOR/KS
This meeting was called to order at 7:30 p.m. by Mayor Oyer.
Rev. H. William Johnson: Ascension Lathera~ Church, gave the
Minutes of the regular meeting, December 5, 1960 and Special
Meeting, December 7th, 1960, were read and approved as corrected.
PUBLIC HEA/ilNGS:
Tract I - Lots 17-23 Incl. ~Blk. 4, Boynton Heights, Dan You_ut,
The Mayor called for any objections to the change in zoning from
~i/ to zone D. There w~re no objections in writing or orally to this rezon~ng
application. Mr, William Yates from the audience spoke in favor of the
change. After discussion, ~r. ~adsen moved that tho application be tabled
~d that the Pla~ing Consultant be asked ~o advise Council on his recommenda-
tions. ~r. ~rchie seconded the motion which passed unanimoasly.
Tract Z - Lot Z&, Blk 4, Boynton Heights.
A letter from Board of Trastees, First Methodist Church was
read stating that they had no objections to the zoning change requested by
Mr. William Yates ~ Owner.
Mr. Moore read Ordinance #60-44 pertaining to Tract Z. Mr,
Yates spoke from the audience in favor of the change. Mr. -irchie moved
that the Ordinance 60-44 be passed to second reading with the res~rLction
that the property be used for an office building or possible post office site only.
Mr. ~aag~ seconded the ~otion which passed unctuously.
Tract 3 - Lots 1 & Z, Pine Crest t{i~gm.
t{equest of ]qr. Walter Hurt to Zone G from 1500 sq. ft. residential
and unzoned. Mr. l~ichard Sa~a~b~, attorney .representing Dr. Hurt spoke in
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favor of the change. Mr. l~eil MacMillan, attorney representing the South-
eastern Hospital Di~'trict, spoke in opposition to the change. The following
citize~ ~exprossod their- opposition: C~eorge Cleaner, President of tho
Southeastern Hespitat District; Emery Barrow, Chairman of the Board of
Southeastern Hospital District; ivirs, Olive !~ Torgerson~ />resident, Hospital
Attxiliary Association, and Nicolas Fornaby, private citizen residing and
owning land ne;zr the property in question.
' With the cen~ent of the Cit~ A~torney, Mr. Madson rnevodthat
the reqt%est be,tabled t%ntil the new Council takes office and that the objectors,
of record, ,be ~l~tifi~d in writillg of the ne~ hearing. ~.~,Baa~an seconded
the ~otion whiCh passed ~imously.
Tract 4 - Lots I0 & 11, Blk. 11, Central Park_A_un.ex5 I~o one
was present ~ ~a~0r of.the change in Zonzng~3 Presentir~g or~ obje~ions
wore the folte~g p0rso~s~ ~. Thomas ~6binson, ~r. ~ng, 111 S. Ei l&th~
~. ~a~ Yo~g, I~01 S. Seacrest, ~afford~se~ i~0ZS. Seacrest.
~r. ~ng stated ~h~ he h~d present~ the zoning board ~ petition opposing
the zoning change y~ith ~t t6~st fi~y-seven signers.
~. ~dsen ~oved that ~e zoning request be denied. ~r. ~rchie
~deBz~e'.~otion ~ch passed ~ani~o~sly.
Use pe~mit~ for ~edic~ Bldg. - Dr. ~stler request in~ ~C Sec~
33-45-43.
~r. Si~on, ~chitect for the b~il~ng, assured ~e councilmen
that the stip~i~tigns passed in the ordinance had been met. Namely, the
fence to the ~ear of the property; the b~itding set backs; ~d paring spaces
per doctor.
~. ~ie ~oved that the b~ilding per,it be grated, subject
~o their ~ee~g the b~lding code require~ts. Dr. ~os sounded the
~otio~.
~ayor ~er asked if there ~as ~yone present who objected to
the proposed pI~s. No objections were heard. ~r. ~oore, Gity ~ttorney,
asked that the recozd show ~gt ~e ~o~cil h~d sat in p~blic hearing ~d
determined that the pl~s ~ere consistent ~ith the general zoning pl~ ~d
th~ p~blic interest~ The ~otion carried 3-Z. ~r. Bmugh~u ~d ~r.
~adsen voting '~e"2 ~r. ~dsen ~d ~r. B&~ghman stated they voted
against the approv~ of the pI~n as they had consistently opposed the erection
of ~ ~edical cen~er in this location.
_Alley Improvement- 10' alley between N.Eo SrdSto and l~ailroad
Ave. abutting ]Lots 1 thrt~ 6 and Lots 14 & 15~ -~rden Park.
It ~as brought to the attention of Co~cil ~ ~ estimate of cost
of the total assessment ~as $6Z2~ 00 broken do~n for each abutting proper~y
o~ner the assessment ~ould come to ~bZ6.66.
The ~ayor ask if there were any ab~ing property o~ners present
to protest the assessment. No protests ~ere heard.
~r. ~adsen ~oved that the city proceed ~itk the ~ork in accord-
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ance with the plans a3ad specifications noxw on file. Mr. ~krchie seconded the
motion which passed with four votes in favor and one abstension. IVtr. Baughman
e~ployer ~
!~ublic Half Hour -
Mr. Charles Senior, representing the Florida Power & Light Coo,
presented the Council with a sub-station layout mequesting permission To
proceed wvith obtainir~ the right-of=ways an~ easements, ~. Archie moved
that the request be granted. ~r, Baaghman seconded the motion ~hich
pas sea ~animousty.
Mr~ Harry l~fort spoke from the audience regarding the bond
validation proceedings.
Mr. Mad~en brought to the attention of the Council and those
present, complain~s~that he had received from the pubic as follows: ~Vaiting
too long to see the City tv~anager; rubble and debris laying in colored town
on ~hich there ha~ been previous co~pl~s and no action; Elementary school
c~l~ren w~ing on the high~ay ~kere weeds ~er~ hi~.. ~. ~adsen said
that he did not ~ant to condemn ~yone bat these things he had heard fro~
the ~erchants and people and he w~ted something done about the~.
Mr. Bat~ghman asked why bills made by the city were so long being
paid, stating he had received numerous complaints of this nature.
The City. Manager stated the City's method of processing bills
had been under study with the City's Auditors. A revised processing system
is now being used which will enable the City to'make payments within reason-
able time period.
Mr. Srnitzes requested that the CoUaacil give the Council-Manager
form of government time to become effective.
Pat-DeVasto requesting tax relief on Lots i10 thru 116 Cherry
Hill.
i request for ta~ relief on the above lots was read to Council.
Mr. Bau;ghman moved that the request be filed for the. Board
of Equalization which meets in August and that the property owner be
notified of the decision. Mr. Madsen seconded the motion which passed
unanimously,
Mrs. Padgett read a letter from A/ir %, Sather in which he stated
he had been charged for a duplex located across the street from his property
instead of a single family residence %vhich he owned. The overchar ge amounted
to SZ?. 60. Mrs. Padgett affirmed the error by the Tax Department.
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~. 3krchie moved~the request for refund be granted in tl~e
amount of $27.60~ Mr.' B~ughman seconded-the motion whfch passed
~nanimo~s ly.
Zoning Board resignation signed by Mr. Ed Dully, Chairman
and the other zohisgboard members was read and unanimously accepted
with regret.
Civil Service llesignations were read from Josel0h Tomberg,
Chairman, John ffohnst0n and Eugene 3ffright employee repres~-tattves.
1VLr. 'Baaghman moved that the Council accept the resignations
with regret and extend to the gentlemen a vote of thar~ks for the excellent
job they did. Mr~ Madsen seconded the motion %vhich u~nimoasly passed.
Parks and Playground letter was read by Airs. Padgett, urging
the installation of several recreational facilities threugkou~-i~e
Mr. Archie ~oved that the letter be t~rned over to the City~ ~ager
the ~ecreational Director to ~e ~a study o~ ~e reco~e~datio~s~%~d
report to the~new ~oancil as soon as possible. Dr~ ~es seconSe~ the ~o~on
which passed 3~-$. ~r. ~ads~ ~d ~r. ~Baagh~ voting ~'
~. Ba~g~ a~d ~? ~a~sen stated they voted ~no' for ~e ~otion as
they felt the ie~er sh0~d~ go to the ~ecreational Director ~d ~ot ih~ ~ity
Manager. This i~ their opinion was what was holding up action on~ a lot of
things.
A letter fr0~n ltr~ Turner VF~llis, Engineer, retain~fby~ l~lm
Beach County Comnaissioners to assist in a~r~ogra~ to restore ~d protect
the economic and recr~io~l v~e of the County, s oce~ beaches,~ ~as
read,
~ letter fro~ the ~esomrces Development Board of ~ ~each
County pertaining to the same ~t~ proble~ ~as also read~ The
from the ~B reqmested the ~o~c~l to appoint t~o men to repres~t the City.
Co~cil agreed to table.these letters for the incomin~ ~ouncil~s consideration.
Ordinance 60-4Z declaring Boynton Beach a Bird Santuary was
read by the City Attorney.
Mr. ~rchie moved adoption of the Ordinance on second and final
reading. Dr. _A_kes seconded the motion which passed unanimously.
tleference to l~ater trnprovemen~ Project ilesolution, Mr. Moore
informed the Council that he had received from the Fiscal ~kgents a~ld the
Bonding 3kttorneys three copies of the I~esot~tiOno He had not had time to
check over it. All councilmen agreed that this matter should be tabled in
order that the incoming Council conld pass on it.
Mr. ,~irchie moved that the Cotlncil pass to the next order of
business. Mr. Madsen seconded the motion which passed ~naauimo~sly.
l~eport on military leave policy for civil service members.
Mr. Moore stated that since this was ora policy r~turo he felt that additional
stud+ should he given the matter, bL~t advise~ ~e Co~c~ that i~ the case of
C~r~ld Thompson he ~o~d r~com~end theC~l~rvice Bo~rd recomm~dations
service, for promotional purposes and not pay. ~er Council discussion,
~r. Bam~m~ mo~e6 ~ ~r. Thompson be given the ~mi~ity for tke~
len~ of time h~ ~as in ~e ~rmy an6 ~so a salary co~mons~rat~ ~ith his
s~niority ~in~n~ m~tary timo as g~ven o~Aer City employees, as of
November 1, 1960. Dr. ~es seconded the me. on which passed ~m~momsly.
lit. Madsen 'moved that ]gir. Criehfietd of the National ~dt~iner
Corp. be advised that the City does not wish to e~er into ~y contract ~ith
him fo~ the ~nstalla~io~ of trash containers ~tkin the ~ity. ~r~ ~chie
seconded the motion ~hich passed ~nanimously.
Mr. Mooze reported to Council that the motor which was found
to be inadequate and shipped back to Fisher porter had been accepted by
them and referred to ~ latter from ~hem stating that they would credit the
City all but $50(1.00 of the total cos~. Mr. Moore stated that he felt $200o
would be a fairer charge.
Mr.-_A~rehie ~o~ed that the ~ty ~orney write Fish~ Porter
~d offer them SZ00.OO remedfal fee; Dr. ~es seconded the motion ~ch
pas sed unanimously.
~ letter from the Tax ~ssessor recommending ~batement of a
SZ. Z5 erroneous charge as sessed for personal property tax to 1Vir.
Haber stock was read.
b/r. I~at~ghman moved the t~ be abated. Mr. ~rchie seconded
the motion which passed u~anirnously.
I~eport by Mayor Oyer pertaining go lot clearing requests was
informally referred to the incoming council.
Proposed street maintenance program for curren~ year was
informally referred to the incoming council.
The following bills over $100.00 were pre-sented to Council
for approval:
StanSheets, lmnotographer $136~00- Pablicity items by C of C
Stan Sheets: l~hotographer 302 o 00 - " ~' "
Burroughs Coo - Servzce Con. 306,80
Mr. Madsen moved the bills be paid. Mr. Baughman seconded
the motion which passed unanimously.
Treasurer~s t{eport was un~zmot~sly accepted.
Monthly Police t{eport was unanimously accepted.
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Mr. Srnitzes asked Council approval on the Tax _is sessor's
recommendation that the current year's taxes on propervy owned by Mr.
Warren Grimes and recently found not to be included on the tax rolls
be allowved a 4% discount if paid~b~ January 15, Z% discount if paid by
January 31st, and I~ discounat until date due.
M=. _~irchi~ merest that tire Tax Assessor's recommendation be
followed. ~r.~ Bad.man seconded the motion ~hich berried ~-i. Mayor
~er voting '~',.f~Z 1reason ~ felt the person s~ould be entitled to
len~ ~of t~e ~sh~ on tax
~r. 8~Mes recommende~ ~o the ~ity that tko ~ol Director
cont~ue ~o be ~m9to~ed as a non c~v~l servzce appozntee~ s~u~ t~me as
adm[n[str~[veI ~a~gs o~ ~e pool are permanently established.
~z. Arch[e moved accedence of th[s recommender[on.
~es seconded tko motion which passed unanimously.
Monthly Fire Department l{epor~ %vas unanimously accepted.
Monthly Public Works Report %vas unanimously accepted.
The City Manager reported on the feasibility of six lots in High
Point _iddi~ion beinE used for a playground which had been referred to him
previously by Council, stating that the tax appraisal %vas in the amount of
$11,0601. The o%vners had offered the property to She City for $10~500.
He pointed out that the property ~as close to but not ne~ ~ a railroad right-
of-~ay ~d some ob~e'~ion had be~ voiced te this at .the l~t Council meeting.
~r; ~ads~ movod that the m~ter be tabled for 2de i~co~ing
Council. ~ Dr~*- ~es seconded ~e motion ~hich ~ass~ mn~imously.
The City Manager also:,reported to ;COuncil on clearing the property
of debris east ef Howard Jol~son l~est~urant o~ ~East Ocean
Mr:. Sr~itzes presented the Council with a final bill from Hunnicatt
-issocia~es for .work ~erformed ~n I960: in the amount of $I, 333.01, cor~firm-
ing that the' Work li.~been~B, done arid recommending payment. /vir. ~rchie
moved the bill be paid~ Mr. Mids:en seconded the motion %vhich passed
unanimously.
Mr. Smitzes requested Council permission to purchase a second
previously authorized file cabinez from the second lo%v bidder since it is
not available from the lo%v bidder, PIalsey & Griffith; the secondlo%v bidder
being Lake Worth Office Supply in ~e amount of $Z52.00.
~. ~rchie ~oved ~at ~. S~itzes be aa~orized to purchase
one cabinet fro~ ~e Worth O~ice Supply a~ SZSZ. 00 ~d the second
cabinet fro~ ~alsey ~ Gri~ith at price of $Z41..40. Dr. ~es seconded
the ~otion ~hich passed unanimously.
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There beLug no f~rthe~ b~siness the meeting was adjot~ ~:
11:35 p.m. The Council ~ent into Executive S~ssion to discuss a pr6~l~
involving litigation against tke ~ity.
Clerk
Vice-Mayor
ikes, Councilman
i B .~ Co tu~ cilman