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Minutes 07-20-59MII~JTES OF REGSV~R MEETING OF THE CITY COUNCIL OF BOYNTON B~_L~CH, ~ IN CIT~ EALL, BOSTON BEACH, FLORIDA, JULY 20, 19~9. ABSENT: James J. Mahoney, Mayor J. B. Baughman, Vice-Mayor Walter Madsen Harvey Oyer Martin '~arkin Ronald F~ada, City Atto~ey Tereesa Padgett, City Clerk Raymond Senkpiel, Chief of Police Jack Tuite, Fire C_hieF Dirck Groote~ooer, Supt. of Public Works. The meeting was called to order at 7:30 Minutes of the last regular meeting, July 6th~ were read ~ud u~anlmously approved with an addition by Mr. 0yet, regarding the Russell ~ud Axon contract. An ~unouncement was read from the Florida League of M~uicipali- ties of ~n annual comvention oF that organization giving rates. A letter was read from P~of. and Mrs. J~ Lucien Jones thanking the City for equalization of the tax assessment roll. A letter was read from ?~illis~ E. Lawson, Jr., regarding~unual dues for the 1959-60 Fiscal year to the Association of Municipali~ ties of Palm Beach County ~ich are computed at $2.00 per million dollar of non-exempt real a~d personal property assessed valuation. M~ Baugh~an moved that the dues be paid in line with the assess~ mento ~. 0yet seconded the motion which paesed unanimouslyo A letter was read from the Chamber of Commerce inviting the Council to the annual advertmsmng and publicity o~dget mee~ug to be held Wednesday, July 22, at 8 A.Mo in the Conference Room of the Boynton Beach State Bank. A letter was read from William S. Bickle asking stop signs be installed at several sites in the south side of the City and sug- gestim~ that the words "Boynton Beach" be painted on the water tank. Mr. Madsen moved that the City Clerk be authorized to advertise for bids for paintingI pke words ~Boynton Beach~ on the water tank and that she consult with M~. Grootenboer to determine the size of the letters. Mr. Baugh~am seconded the motion w~ch passed unani- mously~ At 8:00 P~M. bids on the awnings for the shuffleboard co~t were opened. The City Clerk advised the Council that one bid had been received amd that contained the we~d ~estimate,~ ~his ~id being From the Tropical Awning Company oF Delray Beach. The City Attorney gave his opinion. It was a val~d bid. Mr~ Madsen moved ~hat the bid from the Tropical Aw~g Company in the amount of $96%,00 be awarded provided that the said company enter into a contract on a firm basis° Mro Baugh~an seconded the motion which passed unanimously. During the public half hour Mre J. Clinton Scott, Attorney, appeared in behalf of Dr. and Mrs. Jas. ~. Mc0wen, Seacrest Veterinarian Hospital, stating that they had ~ever received any City tea notices and that the prior o~er of the property had informed them that there had always been some question about it. F~r. Scott Further stated that he had gone into the matter with engineers and had found that the property was located witb~u the City limits of Bo~tono He asked the Council for information as to when it was taken in. The Mayor informed him that he did not kno,~ He asked the City Attorney if the City would be willing to give up this land and received a negative answer; he was further informed that the only alternative that his client has is to appeal ~he tax netices and take it into Circui~ Court° A letter was read from Stephen R. ~_mdale~on, County Engmnser, regarding a request for Permit for a l0~ Transmission Maim attached on the East side of Seacreet Blvd. Bridge ever Boymton Canal. Mr. Oyer moved that the Mayor be authorized to sign the contract for the installation of this water l~ue to be attached to the east side of the bridge subject to the approval of the City Attorney. M~. Madsen seconded the motion which passed three to one~ Mr~ BaugD~an voting no a~ asking that the record show that he objected on the basis that he had not studied the state sta~e provisions attached and that as water commissioner he had that right. A letter was read from Harry Ao Johnston, Co~_~uty Attorney, regarding Woolbright Avenue property which was deeded to the Co~uty from the cemetez~~, In this correspondence~ Mr. Johnston~ stated that he had been directed by the County Con~mlssion to suggest to the Council that the C~ity furnish grave spaces in number sufficient to remove the remains now in the property ~u question ~ud to discontinue to use this area for future burial purposes. It was the unanimous opinion of the Council that this would not be advisable and that the matter would rest ~ith the County. Mr. Baughman ~oved that the City again request the Co~u~ty to reconvey ~h~t part o~ the land within the now existing concrete wall west along ~oolbright Road. Mr. Madsen seconded the motion which passed unanimously~ A letter was read from J. B. Miller, Director, Division of Water Supply, Florida State Board of Health, advising the Co~cil that the plans for the:extension of the water system for Sky Ranch Estates were being held in abeyance u~util such time as sufficient water pressure is available and commending the City Council on their forthright actions being taken to correct the water situa~ tion. Mr. Madsen moved that the Mayor be authorized to write to Mr. Miller and inform him of the increased pressure brought about as a result of the installation of the p~mp at S.E.15th Ave.~ which when put into operation increased the pressure from 25 lbs. to 50 lbs. in a matter of twelve minutes at a point on S. E. 34th Ave., and ask his approval of the engineering pl~uso I~ 0yet seconded the motion which passed unanlmouslyo A letter was read from Florida Public Utilities Company in which they informed the Council that as a result of a higher percentage being paid to Delray Bsachunder their franchise that ~der Section 8 of the franchise ~th Boynton Beach, the same wording would be followed, which would eliminate the deduction of chs~ge~off for uncollectibl~ accounts from the calculation of the franchise tax payment, which would result in a slight increase in the payment. A letter was read from Jess C. Johnson~ M~uager of the Lake ~orth Drainage District, in which he info~msd t~e City that the request for the us~ of the District's ri ght-of-way on the east side of E~ canal was granted. A letter was read from E. L. Middleton, Attorney representing Max aud Ceil Engel~ ~egarding a water refundisE agreement Ei th the City entered into in 1952 relative to water lines in Coastal Shores asking the City to advise him as to ~he status of payment on these agreements. M~. Baughman moved that the letter be turned over to the City Attorney. Mr. Ms, sen seconded the motion which passed unanimously. ~- letter was ree. d from the Florida Power and Light Company advising the Council on the progress of installation of street lights. An est~raate of monthly operating cost for the operation of the sewage works from Russell and ~on was read. T~ total per month as estimated would run A letter of mnforma~ion regarding the ~equirements of qualifi- cations of an operator for the Boynton Beach Sewage Treatment was read. T~ey ~eco~ended that the ' ~ Class ~C~' ~n~mum requirement should be sewage trsa~men~ Plant ooerator~ certificate, ~ud further Shat class ~' '~ ~ ~ B would be A third letter from Russell and Axon was read regarding ~mo'~ut mhd type of insurance the City should carry on its sewage treatment ~ud lift station facilities. A fourth letter from Russell and Axon was read in which they advised that the ~nt~re sewage system would be put into operation by August !, 1959~ Ordinances ~59-5, #59-6, ~ud #59~7 were unanimously passed on second and final reading. The City Attorney info,ed the Council that he had been served ~ th an Alternative Writ of Mandmmus executed by Riley-Field Co. in which the cottrt had ordered the City to approve the plat for R~ ~ree~ Ridge ~nd Addition or show cause, in writing, by July 2J$th. Mr. Baughms-u moved that the matter be referred to the City Attorney to take such steps as he deems advisable. Mr. Madsen seconded the motion which passed unanimously. The City Attorney informed the Council that in the case of Jack Henderson vs. the City that the City had obtained a srumuary judgement mad the case was closed~r~ess the plaintif~ Jack Henderson, appeal~d.~ the case within sixty days~ The Mayor informed the Council that in the negotiations ~ith the Lake ~Yorth Drainage District that an agreement had been reached whereby the Cmty?oul~ gain benefit~ the agreement being that the charge for the d~scharge of effluent in the Boynton Cs~al will be ~lO0oO0 for the first year~ $200.00 for t~ second, ~500.00 for the third~ $~00o00 fo~ the f~rth, and ~00.00 for the fift~, at the end of the five year period the matter will be renegotiatedo The Mayor brought to the attention of the Co~ucii the Audit Rsoort which required accepts.ucc by the Council, noting the fact that a meeting had been held between the auditors and the Council amd all matters had been discussed. Mr. Baugkaman moved that the Council accept the audit for the fiscal year ended October ~l, 19~8. Mr. Madsen seconded the ~uotion. Mr. Oyer offered the fo!lowlng amendment to the motion: That on page 8~ in the con~ents under Surplus Reserves, two of the items listed as ~Closed to Surplus~ namely, Colored pool, ~0~000 sa~d Casino pool, ~12,000, be ~e-estab- lished as reserved items~_u~order that the public ~rill know tha~ these ars ~n reserve~ne a~endment was not seconded and ~nerezo_e died. The Mayor pointed out that this action would be contrary to Section 28 of the City Charter which states that the budget for any year shall only be for actual expendit~es d~ing the year budgeted for, and the City Cotuucil has no s~.thority to tax for any exDenditurss that ~ll~arise in future years and the City auditors have so advised the Cotu~cil. The vote on the original motion was tlmree to one~ Mr. Oyer voting no~ and stating tb~t he felt that these two items were of particular importance to the co~tmunity and that they should be se~ up in separate accounts so that the people would know t_hat they were there. Mayor Mahoney and Mr. Baug~hman stated that any capital expendit-~e should first go to the voters in a freeholders election. Mr. Baugt~ma~u moved that the audit in its ent~rzty be pub!ashen in tb~ Boynton Beach News. Mr. Madsen seconded themotion which passed unanL~ousiy. A letter was read from Batem~an and Jeffries recomr~ending that regarming the ten year audit, the z~y select twoyears, possibly 1947 and 19~l, on which to do a test audit to determine the condi- tion of the books and records as they nm~ exist, further stating that from these audits it ¢ouid be dete~mined whether or not a detailed audit for the full ten year period would be practical and of value to the City° After discussion, Mr. 0yet moved that the auditors bs instructed to contact t~ State Auditor and obtain clarification as to whether or not this would meet with his re- quirements. Mr~ Baug~an seconded the motion which passed unani- mous!y~ A list of recommendations were submitted by the auditors for a new purchasing ~nd fiscal system that is to be incorporated in the administrative department. This was passed out to th~ Co~uci! at the last meeting with the auditors~ After discussion, Mr. Madsen moved that the new system be accepted. Mr. Baughmam seconded the motion which passed unanimously. A letter from John L. Archie listing proposed occup~-ucy of units at 1~7 S, E. l~th Ave., for the approval of the Co~&ucil~was read It was deteH~ined that all occupancies were of the nature desirable for that location. Mr~ Madsen moved that they b~ accepted~ Mr. Baug~an seconded the motion which unanimously passed. Three letters were read from No R, Field which required no action by the Council. The first dealt with the deed for the ten acres of land on which the sewer plant is located. The second letter concerned estimate #~, Inter-County Const~ction Corp. ~ in which Mr~ Field stated that he would pay no more money to this corporation until the matter of the plant operation and the deed was settled~ The third letter referred to the installation of septic tank for the Seven-Eleven Store. A letter from the Cemetery Board was read in which they ad~ vised the Conduct! that the Board had employed T. J. Croft as sexton of the Boynton Beach Memorial Park and the Sara Simms Memorial Garden at a salary of ~100°00 per month for each cemetery in accordance with Sec, 6'~ of the M-auicipal Code of Ordinances. A_uother letter from She Cemetery Board was accomp~uied with an advauce copy of the layout of the south section of the Boynton B~ach Memorial Park° As thsr~ was som~question as to the accuracy of the plan~ Mr~ Baug~an moved that it be tabled until a clarifi- cation could be obtained. Mr. Madsen ~ecended the motion which passed unanimously. Recor~mendations fr~m the Zo~ing Board ~.~re read (copy of recommendations ~ith legal description~ are. attached). Tract l: address ~ ll? N. E. let Ave~; to be re-zoned kindergarten and nursery; o~er - Robert H. James; Appllca~t ~ Mrs. A. B. LaSroix~ Mr, Oyer moved that this request for re-zoning be granted. I~ Mad~en seconded th~ motion ~nich passed unanimously~ Tract 2: ~ddress 12th Ave., west off northwest 4th St.$ to be re-zoned Commercial; Owner ~dapp!fca_ut - TheLma~ Patterson. Mr.' Madsen moved that the request be granted. Mr. Baughman seconded the motion which passed una_uimously. Tract 3: Address beginning at the extension of S. W. Third Avenue and running back to S. Wo 6th Ave., Boynton Beach; To be re-zoned Dupler~s; Owner and applicant - Acacia Developers, Inc. Mr. Madsen moved the request for re-zoning be denied. Mr. Baughman seconded the motion whlchunanimously passed. Tract 4: Address - Lake Avenue ~ud N. W. 7th Cou_wt, Boynton Beach; To be re-zoned Commercial. Owner add applicant - Ray Dumond. Mr. 0y~r moved that the request for r~-zoning be granted. The motion died for lack of a second. The following license applications and transfers were tuuani- mously approved by the C~uncil: Collin~s Signs, 213' So Federal; Publishsr-~dmtor, East Coast Sport Fan, 21~ S. Federal;~ Boynton Beach Press, Room #l, 21~ S. Federal; Heidelberg, 106 S. Federal; Bee~r and ~ine, to take out, -~e G~eat Atlantic & Pacific Tea Co.~ 71~ S. Federal Hwy.; Food Sto~e, The Great AtlaDtic & Pacific Tea Co., ?l~ S. Federal; Used Car Dealer, ~. L. Allan, 21~ South Federal; Beer to take out only~ EtoIae Rushing, ~02 N. W. 12th Ave. and ~th St. At the request of the SUpto of Public Works, Mr. 0yet moved that the Supt. of ~ablic Works prepare the specifications for a new packer for the Sanitation Dept., and submit them to the City Clerk to advertise for bids. Mr. Baugh~n~ seconded the motion which passed unanL~ously. Regarding an insurance survey for the City, Mr. Oy~r agreed to contact ~e local insurance~ agencies in order to ascertain whether or not they would be willing to form a committee to survey the City's insu~uce needs ~ud recommend to the Council, in order that a savings could be obtained° The monthly report of the A~ministrative Dept. was read. The Council unanimously approved the purchase of three portable oxygen tanks to be installed in the Council Chamber, the A~ministra~ tire Department~ and the Casino. The Police Department monthly report was read. Fire Department monthly report was read. A letter from the Delray Beach Power Scua~o~ was read thank- lng the Fire Department fo~ their contribution to the Safe Boating Program. The Department of P~otic Works montkly report was ~ead. As recommended in the report~ M~. 0yet moved that the Supt. of Public Works be instructed to make the necessary repairs to the Casino roof. Mr. Baug~man seconded the motion ~nich passed unanimously. A letter was read from Carl Wo Stone, Supt. of Water Depart- ment, in ~nich he stated that he had not been contacted nor called to inspect the water mains in Rolling Green Ridgm let Addition, ar~ that approximate starting date of this job was the let of Jmne. Mr. Baughmanmoved that no water bm turned on i~ these mains tuutil they have been inspected by the City and the State Board of Health and that the owner be so notified in writing by Mr. Groetenboer. Mr. Madsen semonded the motion which passed un~uimously. M~. Baughman moved that Mr. Groote~ooer be inst~mctmd to employ a ma~ to serve as llfe guard at the public beach on Monday oF each week~ in order that the public be protected° M~. Madsen seconded the motion which passed un~uimously. There being no further business the meeting was adjourned at 'Clerk Vice-Mayor Cotumc ilman ZONING B0~R~ CITY OF BOYNTCN BEACH 20, 1959 Honorable Mayor and City Council Dear Sirs: At the rego2~~ meeting of the Zoning Board July 8th the following recommendations were made on zoning applications cemi~g before this Board: Legal description - Lot 21, Boynton Center, as recorded in Plat Book 8, Page 12, Palm Beach County Records° Address - ll7 N. E. 1st ~venue~ Boynton Beach. To be re-zoned Kindergarten and Nursery. @~ner - P~obert H. James. Applicant - ~so Ac B. LaCroix Recommendation: P~co~mend approval. Legal description - Lots 394 and 395~ Cherry Hills, Address - !2th &renu% west off northwest 4th St. To be re-zoned Commercial. O~er and Applicant - The!mar Patterson. ~commendation: Recommend approval. Legal description - A parcel of land in t~e West Half of ~b~ ~ of ~e Southwest Quarter of the Northeast Quarter of Section 28~ T~wnship 45 South~ P~nge A3 East~ Palm Beach C.~nty, Florida~ more particular2~y described as follows: BEGIh~ING at a point in the west line of said ~Yest Half of the West Half of the Southwest Qu~rter of the Northeast Quarter, at a distance of 311.O1 feet s~th of the northwest corner thereof, said point being ~ the westerly extension of the s~mth line of Woodla~m Avenu% as zh.~n on Plat of B~ers Park, recorded, ~at Book ll, page 57, r~blic ?~ecords of Palm Beach County, Florida; thence southerly, along the west line of said West Half of the West Half of t~hs $omthwest ,Quarter of the Northeast Quarter, a distance of 996.5 feet, more or less to the southwest corner thereof; thence easterly~ aio~g the so~h line of said k~est ~W~lf of the West Half of the s~th- west quarter of the northeast quarter, a distance of 329.32 feet to the Sou+~heast corner thsreof~ thence northerly, alon~ the east line of said West P~-~ of the ~est ~W~lf of ~e SoutJ~,est Quarter of the Northeast Q~ter, a distance of 996.25 feet, more or !ess, to a point in the south line of said Woodlawn Avenue~ as shown on said plat of Bowers Pa~, said point being 310.2 feet, more or less, s~ath of the north line of said ~st P~lf of the West ~lf of the Sou+Ynwest Quarter of the Northeast ~arter$ thence westerly, along the westerly extension of t~e s.~th line of said Woodla~n Avers, a distance of 329.87 feet, more or less, to the point of beginning. Address - Begirming at the extension running back t~ ~ ~J ~ .... of S. ~o Third Av~e ~exes. ~r and aoo!i~. ~ ~f ~ ~h. To ~ re-zoned Rec~en~ti~: ReCOVers den~. ~g~ description _ ~ts I and 12, De~ei'~ ~k, accord~g to the plat thereof recorded ~ the ox~eice of the Olerk of ~e C~it C~, p~ ~ach Cowry, Flori~, ~ ~at Book ~ ~ge Ad~ss - ~e Ave~e ~ N. ~g. 7~ Co~t~ Bo~m~n Bez~. To ~ re-zoned C~erci~. ~mer a~ app~t - Recm~en~tion: ~C~ends de.at. I~e at~ here~th a copy of the ~tes of ~is meet~ for ~idance a~ ~o~tion~ in order t~t y~ ~y de~e how these rec~n~.tions were fo~d. Respect~!lY su~n-.itted~