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Minutes 08-17-59MINUTES OF REGULAR M~mTING OF THE CITY COUNCIL OF BOYNTON BEACH, HELD IN CITY H~LL, BOYNTON BEACH~ FLORIDA, AUGUST lYth~ 1959. PRESENT: James J. Mahoney, Mayor J. B. Baughman, Vice-Mayor Martin Durkin Walter Madsen Harvey 0yer Ronald Fruda, City Attorney Tereesa Padgett, City Clerk Raymond Senkpiel, Chief of Police Dirck Grootenboer~ Supt. of Public Works Jack Tuite, Fire Chief The meeting was called to order at 7:50 ,PoM. The Rev. William Johnson, of the Trinity Lutheran Church of Boynton Beach, Florida, gave the invocation. Minutes of regular meeting of August 3rd and special meeting of August 7th were read and unanimously approved with no corrections° Minutes of the Board of Equalization Meeting held on August 10th and reconvened on August 12th were read and unanimously ap- proved with no corrections. During the public half hour Mr. J. A. Cummings inquired into the progress in a suit between the City and the Boy/itoh Beach Press and was informed by the City Attorney that he had advised against pressing charges° Mr. William Krupp complained about the condition of N. W. 4th St. and was informed that Mro Grootenboer would look into it. A letter was read from the Florida State Board of Health acknowledging a letter from the Mayor regarding the local water supply system and the report of the Engineers~ Two letters were read in connection with the installation of temporary septic tanks at nine houses in Rolling Green Ridge, I~t Addition, from Cofield Builders and the Florida State Board cz Health. ~r. 0yet asked the City Attorney for a report on the status of the suit brought against the City by N. Ro Field in which the City was ordered to put the sewer plant in operation or show cause in writing, by the 24th of August° The Mayor asked for a motion authorizing Mr. Fruda to defend the City in this suit° Mro Baugk~an mo~ed that the City Attorney be ac authorized° Mr. Madsan seconded the motion which passed unanimously~ It being 8:~00 P.M., the specified time for the opening of bids, the discussion was interrupted. Eight bids for a packer for the Sanitary Department were opened and read b~ the Cit~ Clerk° Mro 0yet moved that the bids be turned over to Mr. Durkin and Mro Grootenboer to check the bids and award the contract to the lowest bidder if it meets with the specifications. Mr~ Madsen seconded the motion which passed uIlanimously, The Mayor announced that no bids had been received on painting the letters ~Boynton Beac~~ on the water tower° Mro Durkin moved that the specifications be readvertised and that the advertisement include the Palm Beach Post Times in order that more firms would be reached. Mr. Baugh~au seconded the motion which passed unani- mously~ Returning to the discussion on the request for the installa- tion of temporarF.~eptic taD_ks in Rolling Green 1st Addition~ by Cofield Builder~, Mr. 0yer moved that the request be~granted based upon sufficient funds being placed in escrow to cover necessary connections to the sewage treatment plant when it goes into operation, t~r. Dnrkin seconded the motion which passed unanimously, ~. A letter was read from the Chapel Hill-Mission Hill Associa- tion requesting cement street~markers be placed in their section of the City using the street names on file at the United States Post 0ffice~ The Mayor informed those present that the matter had been referred to Mr~ Madsan. Mr. Madsen stated that not only were these markers going to be installed~ but cement markers were to be placed over the entire City. Another Letter was read from the Chapel Hill-Mission Hill Association returning to t~he Council the Florida Power and Light Survey of Street lights in that section and requesting the Council to proceed with the installation as soo~as possible. Mr. Madsen moved that the City Clerk be authorized to instruct the Florida Power and Light Company to proceed with the installation of these street lights° Mr. Baugt~nan~seconded the motion which passed unanimonsly~ A letter was read from the Boynton Beach Junior Chamber of Commerce in which the City was requested to make water available to one of the islands along the new ~. So Highway #1 at the South end of town in order that their organization gould make a model island of it in connection with their City beautification project° After e~ten~ed discussion as to who would maintain the island and how to go about making the ~gter available, Mr~ 0yet moved that the Supto of Public Wor~s ba authorized to contact the State Road Department for permission t~ tap water in the island located in front of the Women's Club Building, and if permission is granted, to install a faucet and meter at that location. The Supto of Public Works estimated the cost at around $30~00. Mr. Durkin seconded the mo~ion which passed four to one, Mro Baughman voting A letter was read frDm Sol DeCanio, Chairman of the Library for Bosrat0n ~ommittee~ ~n~!~ing matsrialpert-aining to various aspects of setting up a m~icipal library~ and informing the Council of a meeting to b~ ~held on August 19th to further discuss this project, requesting the attendance of Messrs. Durkin and Madseno A request for a referendum at the next election for the erec- tion of a swimming pool in their Community was read-from the Civic League° Mro Oyer suggested that the Council acknowledge receipt of the request and advise the League that it will be turned over to the Council for its budget consideration~ Ordinance ~59-10 amending amd creating new zoning ~6r Lot 21, Boynton Center~ recorded in Plat Book 8, Page 12~ Palm Beach County Records~ t~ be re-zoned ~G~ and Lots 594 and 595 Cherry Hill~ Boynton Beech, recorded in Plat Book 4~ Page 58, Palm Beach Connty Records~ tD be re-zoned Commercial, was unanimously approved on second and final reading. Mro Fruda read an agreement between the CitF and the Lake Worth Drainage District for the discharge of effluent from the Sewage Plant into the Boy~to~ Canal. ~r. Oye~ moved that the Mayor be a~thorized ~to execute the contract~ ~r. Durkin seconded the motion which passed Unanimously. Mir. Fruda advised the Council that regarding the suit by No R. Field filed on July llth demanding the City approve a plat or show~ause by July 24th, the c~urt had granted the City's motion to dismiss and quas~ the suit, granting Mro Field the right to amend within 10 days° Changes to preposed 0rdinanee #59-8 dealing with t he certifi- cation and licensing of contractors~ whiah had been submitted by th~ Cmntraetors Association, were noted by the Mayo~ and discussed~ A letter was read from the Building Board recommending that no changes be made in the ordinance as passed en first reading° In view of the conflicting recommendations, the Mayor charged the Council with a decision as to which recommendation should be heeded° Mr. Baughnan moved that the original draft as read and passed to the second reading, on August 7th, be read. Mr~ Madsen seconded the motion. Mr. 0yet moved that the motion be amended to the effect that the ordinance be read as to the recommendations submitted by the Boynto~ Beach Contractors Assc~ Mr. Durkin seconded the amendment~ which was denied three ~o two~ ~. Baugbsan~ Mr. Madsen and May0r Mahone¥ voting no° Re~erting tothe orlglnal' ' motion~ that it be read in the form that it was paased at the first reading; upon a call ~or the vote the motion passed three to two~ Mr20ye~ and Mr. Durkin voting no. Ordinance r ° financial st~ and the ~ance ~ ~misdeme the Mr. Madse~ that the stricken substituted was denied 59~8 was read for second and final reading° Mr= the ordinance be passed on second and final seconded the motion. After lengthy discus, Mr. 0yet questioned the requirement of from contractors as required by the ordinance Of the word ~isdemeanor" appearing in the ordi- that the motion be amended and the word s%rieke~ frem the ordinance° Mr. Oyer seconded The amendment was denied three to two, Mro Baughman~ voting no. Mro Durkin further moved and the words "financial statement" be that the words ~credit report" be ther~Ofo Mr, 0yet seconded the motion which ~ Mro Baugbma~ Mr° [$~adsen, and Mayor Mahoney voting nog Returning ~o the originalmotion, that Ordinance 59-8 be passed on second and final reading, the motion carried three to twos M~o ©yet and Mro Durkin voting no. Mr. Durkin requested that the record sh~wthat he opposed this ordinance for the reason that he did not believe that a ~inancial statement should be a criterion of the granting of a license to a man and that he felt the word ~nisdemea~or'~ should be stricken from the ordinance. Mr. 0yet requested that these same views, be show~ as his reasons for opposing the ordinance~ further stating that Re felt that about 98% of the ordinance was worthwhile, that he felt the Building. Board.should be commended for'~the houri of work that they had put in on lt~ and that, the or~{nance .in his opinion would benefit the ~Own~ altho~gk he did disagree wi~h several of the features in it. Mr. Baughman aqd~Mr? Madsen asked that the record show their commendati~ ,of the B~itdlng Board. Mayor Mahoney = asked that the ~ecorA Show that he yoted for it as he felt thau it had long been nee~d fo= ~he-s~f~t~ a~dwalfare of the people° Pursuant t'0 ~he unan~0Uso~inign of the Oouncil~ Mr. Durkin moved that the B~ildin~ ~o~a~r~ a~d the City At~or~y be officially commended b~]the Cornel! ~or their work in connection with this o~dinanceo Mr. ,0yet sec~nded the motion which passed unanimously° It was moved~ seconded, and unagimously passed that copies of the ordinallce be made a~d se~t to all contractors of record' in the City and to members of the Council at no charge. Mrs° Padgatt read a license request for a self-service laun- dry at 612N. Federal Highway in the name of Wash-Kwik. Mr. 0yet moved that the request be granted. Mr. Madsen seconded the motion which passed unanimously. A letter was read from Walter Dutch concerning comprehensive auto liability and comprehensive general liability coverage for the City. Mr. Baughman moved that insurance coverage be increased for Comprehensmve g~neral lmabmlmty~ the lmmmts of Bodm!y nDury to 500~000 and Property Damage to 10,000 and 25~000o Mro 0yet seconded the motionwhich passed unanimously° After being assured that the Plat for Glen Arbor #2 ~ad been checked by Phs. Grod~enboer and Mr~ Stone for compliance with the subdivision ordina~e~ Mr. Oyer moved that tentative approval be granted for this p~ato Mr. Baugblnan seconded the motion which passed unanimously. A letter was read from the Cemetery Board recommending that the Council authorize the installation of the new entrance road into Boy. ton Beach Memorial Pa~k and the installation of a sprink- ler syster in ~he east half of Sara Simms Memorial Gardens° Mr. Oyer moved that-the City Clerk be authorized to advertise for bids for £his work. Mr. Baughman seconded~the motion which passed unanimously° Mr° Oyer moved that tentative approval be given on the plat for Gordon Park. Mr. Madsen seconded the motion which carried unanimously° A letter from the Supt. of Public Works stating that the streets in Woodcrest Manor had been completed according to specifi- cations and had passed inspection was rea~. The Mayor informed the Council that, in view of the completion of the street~ the developers would'like the return of the bbnd of $5,000 wht6h they had posted to assure completion of the streets° Mr. Madsen moved that the bond be returned. Mr. 0yet seconded the motion which passed unanimously° A letter was read from the Parks and Playgrounds Committee regarding advertising in the form Of signs alon~ U~',S. ~1 of the Docking and Fzs~g faczlmtmea and bathmr~ facmlztles of the City. Mr. Madsen was asked to give a report on this at the next meet~o A second letter from the Committee on Parks and Playg~nunds was read and included the details of proPesed improvements for enca Park as offered letter also recommended ttYat~the deed be examined to determine w~ether there were restrictive clauses in it t~at would conflict with the p~oposals. Mr. oYer moved that the letter with the pro- posals be ~u~n~d o~er to ~r. Fruda to determine ~he legality after examining the deed~ Mro Ma~[sen seconded the motion which passed Unanimously. The Tax Collectors report for the month of July was read° Due to the fact that the next regular meeting of the Council, if held when scheduled~ would fall on Labor Day, the next regular meeting of the CoUncil was scheduled for September 8th. A budget meeting was scheduled for August 19th at 1:00 P.Mo The Chief of Police requested permission to dispose of six or eight bicycles which had not been claimed for a period of six months or more. He was instructed to ask the City Attorney if they could be donated to the Fire Department for disbursement for charity, There being no further business, the meqting was adjour~ned at Vice Mayor Councilman 2~fi-uutes of the meetin~g of the Board ~ ~ ..... cz ~q~zzatzon held in Czzy Hall Monday August 10th, 1959~ and Angust'12th, 1959o James g. }~honey~ Mayor Jo B. Baug~, Counc~l~m ~falter Madsen~ Counciflmsm Harvey ~er, Co~mei]m~u l~t~ ~k~n, C~i]~n Tereesa Pad~tt, City Clerk ~.y ~ci~ T~ Assessor Jack ~t~on, H~mi~tt & ~s~iates The City Council sat as a Board of Equal_zatmon Monday August 10th, 1959 a~ 9:30 A.]~ ~ complaints on he-nd on assessment of real and personel property were reviewed iu accordance w~th Section 81 of T~he Charter of the City of Boynton Beach. On k~o~o_st 12th~ 1959 the Council re-convened as a Besmd of Equalization at I P.M. to re~_ew additional eomplaLuts regarding 1959 assessments that were received on iEonds, y~ August- lOt-.- '~ No complain+~n~s were ~u%~_tsd to appes_~ before the board.