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Minutes 09-08-69MINUTES OF REGUL~ CITY COUNCIL ~4EETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, SEPTEMBER 8, 1969 AT 7:50 P.M. PRESENT: Vincent J. Gallo, Sr., Mayor Thomas ~. Summers, Vice Mayor Gilbert H. Collins, Councilman Mic~mel V. l-~i~haet, Councilman Leonard E. Nylund, Councilman G. W. Courtney, City Manager Gene Moore, City Attorney Tereesa Padgett, City Clerk Mayor Gallo called the meeting to order at 7:30 P.M. The Invocation was given by City Manager Grady Courtney and the Flag Salute was led by Councilman Michael. Introduction of Special GUests, None A.PPROVAL OP MINUTES Re,qut, ar Meetin,~ - ~U,qust 18, 1969. ~-Ir. Nylund moved that the Minutes of Meeting of August 18th be accepted as %~itten. Mr. ~ichael seconded the motion. Mot~pn ~naninously carri=d. Special MeeCin~ - August 29, 1969. Mr. Michael moved that the ~nutes o~ the Special Meeti~ held on August 29th be accepted as w~itten. Motion carried 4-0. P~. Summers did not vote since he was not at that meeting. ,,PUBLIC AUDIENCE James Carlton, Engineer ~ High Point Builders appeared before Council requesting permission to hold off until Unit 5 to tie into the 10'~ %~ter line along 1-95 R/W instead of tying into subject line with Unit ~. Mr. Hopkins request was to tie Hnit 3 into 10" water line at 1-95 R/W for better fire protection and domestic service. Mr. Sarno indicated it ~as only on li~t station there was a change requested. Fn~. Hopkins requested a set of specs. Councilman Michael requested Fire Chief's appreval before voting. (Time for Public Hearing - Return to item later in meeting. ) PUBLIC HEARING~ 8:00 P.M. Consider amending zoning code to establish criteria for filling sta%-ion site locations. Mr. Leonard representing Caldos indicate~ Planning S Zoning Board had -1 MINIITES REGULAR CITY CO[HNCIL MEETING SEPTEMBER 8: 1969 taken into consideration reoon~nendations from various communities before making their ~ecommendations on Ordinance. Mr. Albert Wehrell wanted audience to know this was brought up origin- ally by t~ oil companies asking for approval within 6001 of another station on S. Federal and third mequest %'~s f~om Catdos. He noticed too~ Atlantic Station is closed or looking for new lessee. ~. Fletcher~ 2701 S.W, 6th St. made inquiry about the request by Caldos. Mm', Michael felt the ordinance is one to placate big developers %~4ao have money going to waste that want to get income tax deductions, He ex- pressed feeling theme are enough closed stations in town now, and Boyn~on does not need a town full of council approved vacant stations. Mr. Summers moved this request be tabled until further study is .made by Planning & Zoning Board, Motion seconded by Councilman Nylund and motion carried 4-1. ~. Michael voted ~No~' because he wanted it voted do~m. B. Consider mequests for change in zoning. 1. Catdos reques..ts - Parcel P - I, Leonard re-appeared on Parcels F - I rezoning. Objections were made by Mr. Fletcher to rezone from R-i~A for do%m- grading single family locations. }~. Ronald Amateis of Gol~ View Harbour complained tha~ what Caldos wants Caldos gets by councilmen. He said he didn't know why animal hospital was requested because they do not allow pets, Mr. Escharte advised that pets were allowed. Mm-s. Fry, 105i S.W. 25th Avenue wanted to know who would operate the animal hospital. She ~ms advised that in all probability it %~uld be a veteminarian who was an employee of Leisureville. Mr, Wallace, 2830 S.W~ 9th Stmeet complained that in past two years Catdos had requested zoning changes at every meeting except one or l~ir. Nylund moved tb~t the recommendation of the Planning g Zoning Board on Parcel P, G, H & I, be accepted. Motion seconded by 2~. Summers and motion carried 4-1. Mr, Michael voted The City Attorney read Ordinance 69-28 changing zoning from R-i~ to R-3A on Parcel F ~ G~ and to C-2 on Parcel H & I. Mr. Nylund moved that Ordinance 69-28 be passed on first reading. Motion seconded by Mr. Summers and motion carried 4-1; ~f~. Michael voted ~no.i~ -2- MINUTES REGULAR CITY COUNCIL ~ETING SEPTEMBER 8, 1969 B.-2. Condev Corporation Request - 3200-3330 S. Seac~est. Mr. Frederick Hotlingsworth, Attorney, appeared in behalf of Condev Corporation-request for rezoning of pmoperty at 3200-355C S. Seaerest. He advised his client had decided to withdraw their application and sub- mit it at a later date. b~. Michael moved that when they re-submit this request for zoning mhange that the public be notified and the people in the sumrounding area apprised of the situation, Motion seconded by }9, Summers and motion unanimously carried. P~. CESS LEGAL 9rdinances - 2nd Reading None. ,O.~dinances - 1st Reading O~dinance No 69-26 - Setting Millage mate for 1969 Tax Roll. City Attorney read subject O~dinance. 14r. Nylund moved that Ordinance 69-26 be passed on first reading. Motion seconded by ~. Collins. Mr. Michael Voiced opposition to raising the millage, and inquired of City }-~nager if millage could not be left as is. Motion did not pass. Nylund and Summers ~'Yes~; Michael, Gallo g Collins -No.~ M~. Michael amended the motion. He moved that the City Attorney re-read GTdinance 69-26 and make necessary changes and amendments be incorpora- ted to make total millage 8.8 mills~ and thereafter a resolution be enacted withdrawing $64~810_~26 fr~m Surplus to be included in 1969-70 Budget. Motion seconded by Mm. Collins and motion carried 5-2; Nylund and },~. Summers voting ~'No.~ Ordinance 69-27 - Amending the Plumbing Code. Moore read O~dinance No. 69-27. k~. Michael moved that O~dinance No. 69-27 be accepted and mOtiOn was seconded by ~,~. Nylund. Motion unanimously carmied. Resolutions No. 69-V - Petitioning the Florida Legislature to repeal ~69-54~ Laws of Florida re tax assessing & Collectir~. City Attorney read subject Resolution in its entirety. - 3 - MINUTES REGULAR CITY COUNCIL i~ETING SEPTEMBER 8~ 1969 t,~. l~lichael moved that Resolution No. 69-V be passed an~d M~ · Collins seconded the motion ~,~hich %,~s unanimously carried. No. 69-W - Petitioning the Congress o£ the United States to rejec~ all measures allowing direct or indirect taxation on ~nicip~a 1 Bonds. i,~r. l~oore ~ead subject ~esolution. ~, Michael moved that Resolution No. 69~ be passed. Motion seconded by Mr. Summers and motion unanimously carrie~. No. 69-X - Approving int~acoastal Waterway C~ossing at S.E. 15th Avenue. l~i~. Noose read subject resolution. l~t~. ~lichael moved that subject resolution be approved. ~4otion sec- onded by Mr. Summers and unanimously carried. !'~o. 69-Y - Endorsing a Special Session of Flordia Legislature to consider _~und the Department of T~anspo~tation. ~ir. Moore ~ead subject resolution. Mr. ~iichael moved this be st-£icken f~om reoord and resubmitted later J2f someone sees fit to do so. ~,~otion seconded by i,i~. Summers and unan- imous ly carmied. No. 6~-Z - Re Se~r System - Golfview Hambeur. ~. i, ioore read subject mesolution. P~r. ~ichaei moved subject ~esolution be passed· Motion seconded by ~;n~. Summers and motion unanimously carried. No. 69-BB - Re Installation of Package Sewe~ PianOs West of To%-~. ~,~r. Moore read subject resolution. ~. ~iehael moved subject r. esolution be passed. Motion seconded by Mr. Ny!und and motion unanimously carried. No· 6~-AA - Estabtishin~ Salary of City Prosecutor. Mr. ~oore read subject resolution. ~. Summers moved Resolution No. 69-AA be appmoved. Motion seconded by Mr. ~/ichael and motion unanimously carried. -4- i-~INUTES REGUkAR CITY COUNCIL ~ETING SEPTEI~ER 8~ 1969 OT~R Consider properties adjoining City owned property be appraised, Mr. Moore advised that an offer had been made by Henry Thompson to appraise five properties at $50.00 per parcel. Mr. Summers moved that appraisal fee of $250.00 be authorized. P]otion seconded by Mr, Michael. I~otion was then amended to read: That this approval be subject to include only those parcel of :.~hich the owners have indicated an interest to sell, Amendment by ~'k~. Michael~ sec- onded by ~. Summers and unanimously carried. pLD BUSINESS Presentation of preliminary feasibility study re Ocean Outfall - George Russell, Consulting Engineer. ~r, Russell had to leave before this item came up on agenda. He left proposal, to be considered by Council. Michael moved that the report of Russell & Axon regarding Ocean Outfall be received for study. [~[otion seconded by M~. Nyiund and un- animously carried. Discussion of equipment for Sanitation Department. City~lanager advised that 10 people were present at the Opening of bids at 5:00 P.~. City ~anager stated he %~uld like council to look lo~r bids over and see machinery in action. ~r. Nylund moved that bids be referred to tabulating committee composed o£ the Council, ~nager, Public Works Director and Purchasing ~gen~. Motion seconded by ~,~r. Summers and motion carried 4-1. ~. Michael voted ~No,~' and stated he felt the tabulating should be done as usual and then the Council would check the equipment o~ the low bidder, Consider Gerald Dake's Proposal. Mr. Summers moved this be tabled until later. ~iotion seconded by ~r. Nylund. ~lotion carried. ~. ~fichael and M~. Collins voted :~No.~ Request for ehanqe in zoning - Joel Hoch Request (On the table) Remain on the table. Request of John Adams re distance etween service sta.~ions (On table) Remain on the table, i - 5 MINUTES REGUI~.R CITY COUNCIL ~ETING SEPTEI~BER B, 1969 Report by City Manager Re: Installation of Sidewalk N.W. 10th Ave. City will attempt to set up crew to get work done at this location and also at S.E. 4th St. from Ocean Avenue South to Second Avenue. ~. Michael moved that City p~oceed with v~rk. ~otion seconded by 5~. Nyiund and unanimously carried. Report bu City Manager Re: Gol~iewHarbour sewer not being, covered .in Norman ~fiehael~s contract. i~r. 14ichaei moved that City Manager and City Attorney prepame papers for Public Hearing on this matter. Motion seconded by Mr. Summers and unanimously carried. ~eetion 5 in N.E.~ Section North of Lake Avenue - East. of Highway. City l{anager advised the develope~ wants a commitment that City will put in Force Main. D~. Summers moved that City install the force main for Seetion 5 and the developer build the lift station and collection system with the understanding they deed entire system to the City of Boynton Beach when completed. Motion seconded by Mr. Nylund and unanimously carried. l~s. Hallier, 322 N.E. 1st Street appeared before Council requesting that she be reimbursed for plumbing expenses which was the responsi- bility of the City. After much discussion~ it was moved by Mt.Michael that this bill should be paid. Motion seconded by Mr. Nylund and unanimously carried. NEW B~S~ESS ~t the request of the Jonathan Dickinson Chapter~ Daughters of American Revolution, Mayo~ Gallo proclaimed Constitution Week as Septembe~ 17-23~d. ADMINISTRATIVE Consider reques~ oC ~oynton Beach Taxi Company, and reqBest of ~oe Tomberg ~e/Bus Service. ~tion by~L~. ~ichael that City 1,~nager and City Attorney a~ange for Public Hearing relative to rate increase and bus service. seconded by Mr. Summers and motion unanimously carried. Approval of Bills City Clerk presented the following bills: Neptune ~ter Company Chmmber of Commerce-July -August $~406.80 2,751.47 1,018.91 -6- M I3,~]TES REGULAR CITY COUNCIL MEETING SEPTEMBER 8~ 1969 Cambron Construction joint with American Fire g Casualty Co. as Approved by: Russell & Axon $24,929.34 (Est. ~:2 on Force ~,~in 8) Retirement Plans~ Inc. 800.00 Mr. Michael made the motion that bills be paid as presented. Motion seconded by ~r. Summers and unanimously carried. OTHER ~r, Summers moved that the resignation of the Potiee Chief be ac~e, pted with regret. Mr. Michael seconded the motion. ~otion carried unani- mously. ~r. Same appeamed before Council again regarding High Point matter brought up earlier in the meeting: after their engineer and t¥~. Hopkins came to agreement on lift station. i~. Nylund moved that the recommendations of P~. Hopkins be accepted. Motion seconded by Mr. Collins and unanimously carried. A request for refund of $50.00 was made by Siegel g West on fee de- posited with the City with request for abandonment of R/W. Subject request was withdra~,,zn prior to advertisin9. ~,~. ~4ichael moved the request be granted. Motion seconded by Nylund and unanimously carried. ADJOU~R~,~.NT i,~. Nylund moved the meeting adjourn. Seconded by Mr. Michael and meeting adjourned at 11:15 CITY OF BOYNTON BEACH  ~,eo~ard-~. Nylund~ Cdu~lman- ' Attes t~ Clerk --7--