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Minutes 07-07-69MINUTES REGULAR CITY COUNCIL MEETING HELD AT CITY MALL, BOYNTON BEACH, FLORID~ ON MONDAY, J~LY 7, 1969 ~T 7:30 P.M. PRESENT: Vincent J. Gallo, Sr., Mayor Thomas A. Summers, Vice Mayor Gilbert H. Collins, Councilman Michael V. Michael, Councilman Leonard E. Nytund, Councilman Grady W. Courtney, City Manager Gene Moo~e, City ~ttomney Tereesa Psdgett, City Clerk ~yor Gallo called the meeting to order at 7:~0 P.~. The Invocation was given by Rev. Nelson P. MOyer, First Methodist Church and the Ftaq Salute was led by Councilman Leonard E, Nylund. Introduction of Special Guests Robert Beyrer representing the Senior Citizens o£ Sterling Village and John Sheppard~ representing the Greater Boynton Beach Chamber o~ Commerce MINIlTES Regu!~r..~eeting - June 16, 1969 P~. Nylund moved the Minutes be approved as presented. ¥~. Summers seconded and motion unanimously carried. Special Meet%ng - June 20,.1969 Mr. Michael made the motion the Minutes be approved as presented. Mr. Summers seconded and motion unanimously carried. Reconsider Minqtes of May i9th Meeting Councilman Michael asked that his statement on Page 10 be corrected to include a heading indicating it is the statement as referred to on Page 5 in the Minutes and further asked that the signatures of the City Counoil be placed after said statement. It wes so agreed. PUBLIC ~DIENCE None BIDS None LEGAL O~dinance No. 69-16 (2nd Reading) - Granting Special Exception - Ca!dos Request (On the tablg) Mr. Summers moved Ordinance No. 69-16 be removed from the table. Mr. Collins seconded and motion carried 4-1, Mr. Michael dissenting. City Attorney read Ordinance No. 69-16 by caption only. 1st Reading, June 2, 1969. - i - MINUTES REGUiAR CITY COUNCIL P~ETING JULY 7, 1969 Mr. Ny!und made the motion that Ordinance No. 69-16 be passed on sec- ond reading. P~. Summers seconded. Reobert Bey~er~ Executive Council Chairman of Senior Citizens of Ster- ling Village urged the council to pass this Ordinance as developments like Leisurevi!le will bring =golden ratabtes~' to the City tax roll. Mr. Beyrer then presented the Council with a petition of 414 signatures favoming the change. Mrs. Harry F~ye~ SoW. 25th Avenue~ Golf View Harbou~ subdivision told ~h~ Council they were saemifioing esthetic beauty for material growth. Motion carried 4-1, Mr. Michael dissenting. Resoluti_on No. 6_9~-P - Re: .N.W. 22nd Ave. Right of Way City Attorney read subject Resolution %n its entirety. ~. Courtney stated that he had attended a meeting to which all Cities %~re invited to discuss the problems of 1-95 and reported that the County is prepared to be completely responsible for N.W. 22nd ~venue West of 1-95: but the City w/Il be responsible for the erea East of 1-95 to U.S. j~l. Mr. Michael moved that Resolution No. 69-P be passed. ~. Summers seconded and motion unanimously carried. ~ther pis euss City Owned Tax Sale Certi~icetes City Attorney recommended that the City Clerk advertise rom sealed bids on the Tax Certificates and the best bid could be considered by the City Council. M30. Moore further stated bids could be accepted on all or part Of the certificates. Mr. Summers made the motion that the City Clerk be pezvaitted to adver- tise fo~ sealed bids on the Certificates as indicated on the 1/st pre- sented. Mr. Nylund seconded and motion unanimously carmied. PUBLIC HEARING 8:00 P.M. Parcel 1: Request for change in zoning from R-1AA to C-1 AddreSs: 631-691 S.E. 15th Avenue Applicant: John B. MeKee, Optionee by John H. Adams, Atty. Mayor Gallo asked ~or anyone in the audience who %~s in favor of the change in zoning to come for~rd. John H. Adams, Attorney representing the Optionee~ John B. McKee came ~orward stating though there weme no specific plans for the parcel in question, he asked the Council to give this change favorable considera- tion~ and if it were necessary he would accept the compromise zoning -2 - MIN/1TES REGULAR CITY COUNCIL ~ETING JULY 7~1969 Mr. Summers stated that ~nough he has previously opposed the change of zoning in that area, conditions have since changed and since the pro- perry is surrounded by C-1 zoning, he made the motion that this parcel be changed from R-1AA to C-t. 5~. Collins seconded. 1;w. Michael objected stating that the statement made regarding this propert7 not being suitable for single family residences is inconsis- tent with the actual experience of the last few ~eks since we have had an application fo~ and granted a permit for a single family dwelling in the area involved. Mayor Gallo stated 'that he feels the present use of that area is not conducive to residential use and called the con~nerciat zoning more practical. Motion carried 3-2, Councilmen Michael and Nylund dissenting. Parcel 2: Request for change in zoning: 200 ft. on U.S- ~1 from C-1 to C-2; Balance of parcel from R-tA~ to C-2. Bddress: East side of South Federal Highway; Bounded on South by Bo×ley's and on the North by JayCee Park. O~ers: Boynton Nurseries, Inc. and James D. Sturrock, Jr.~ Trustee Councilman Michael disqualified himself from voting on this parcel, stating he has been doing business with Boynton Nurseries, Inc. and James D. Sturrock, Jr. and stepped down from the dais. Joseph Tomberg~ Bttorney~ came forward stating he mep~esented the developers; and presented a sketch of the proposed high rise eondominiun explaining the developers plan for this proposed hi-rise, and further~ asked the Council's approval for the zoning change. Mayor Gallo pointed out that the Planning & Zoning Board had scheduled a Speoial Meeting on July t4th to discuss the high-rise proposal and suggested this item be tabled until their recommendation was received. MB. Nylund made the motion this item be tabled pending the recommenda- tion of the Planning & Zoning Board. Mr. Collins seconded. George Burgelin stated from the floor he was in favor of this type of concept. Bill Pope stated from the floor that he is the o%~aer of t~o lots this area and though he did not oppose the concept he did oppose the dens ity. in Mayor Gallo asked for anyone to come forward who %~s against this ing request. MINUTES REGULAR CITY COUNCIL 1,~ETING JdLY 7, 1969 No one came forward. Motion carried 4-0, Mr. Michael having disqua!i~ied himself. ~3~¢. Michael returned to the dais at this time. OLD BUSINESS Consider request of Mrs. Eleanor Puffer - Utilities Collection Supervisor (On ,the table) ~4r. Michael made the motion this item be removed from the table. Mr. Ny!und seconded and motion unal~imously carried. Mr. Courtney stated he recommends as extension for Mrs. Puffer until April 1, 1970 so that an employee can be trained to replace ~s. Puffer. However~ if an employee cannot be trained in that length of time, he (vould not hesitate to come back to Council for additional time if it were necessary. Mr. Summers moved %,;e accept the City Managerfs recommendation and re- tain t',¢~s. Puffer until April 1: t970, I~. Collins seconded and motion unanimously carried. Report on Study re Distance. betwe§n Service Stations (On the table) Remain on the table. Consider request of John Adams re Distance Requirements betr~een Service Stations (On the table) Remain on the table. Comprehensive S'L-~dy on Water g SevCer Service outside City Limits (On the table) , }Ir. Michael moved this i~em be removed from the table. Mr. Summers seconded and motion unanimously carried. Pfr. Courtney suggested to Council to j_ndefinitely postpone this item inasmuch as theme are so many ~unknow~s;~ at this time and any st-ddy v~u!d be premature. Mr. Michael made the motion that the City Manager's recommendation be accepted and this item be stricken f~om the A~enda. Mr. Nylund see- ended and motion unanimously carried. Acquisition .of Par. eels adjoining:City o%~ed property. (On the table) Remain on the table. - 4 MINUTES REGULAR CITY COUNCIL ~,~ETING J~LY 7, 1969 Report on Garbaye Study (On the table) Mr. Michael made the motion this item be removed from the table. Mr. Summers seconded and motion unanimously carried. ~r. l,~ichael made the motion this item be stricken from the Agenda until such time as it can be considered in the Council's Budget Sessions %~ith the City ~nager to determine in which direction the City will go garding the Sanitation problems. Joseph Tomberg came forward stating he repmesents a commercial garbage collection fi~m who has previously submitted a proposal to the City and he v~uld recommend his client be given the opportunity to furnish this serviee t~ the City. Emily Jackson, 728 N.E. 9th Avenu~ quoted an article from a local ne~- paper regarding the Town of Gmeenacmes which indicated they were dis- pleased with a commercial type s~rvice~ and further, stated she feels the City should operate their oven sanitation system. Motion carried unanimously. Adgpt Rules re Central.File System (On. the table) Mr. Michael made the motion this item be removed fDom the table. Mr. Nylund seconded and motion unanimously carried. Pi~. Coumtney stated he felt ~ne Department Heads weme doing a fine job in submitting officiet documents to the City Clerk who is responsible for these documents and he is confident they will continue to do so. City Manage~ furthe~ stated he frankly felt this matter could be handled administratively. Hov~ver~ since it was brought before Council~ he would only recommend item ~3 of the fou~ point plan submitted by the City Clerk. i~. Michael agreed that ~. Courtney and Depar~ent Heads are doing a ~reai fine job~ in getting ~nportant material to the custodian of the records~ but due to the neglect of previous administ~ations~ and the fact that many important documents could not be found, he wants to be sure that the new Central Filing System is properly coordinanted before its inception. ~luch discussion ensured. ~. Summers made the motion that the City Manager and City Clerk get together to outline a program for the Central Filing System and present the program to the City Council at the next Reqular Meeting. ~ollins seconded and motion carried 4-1: l~. Michael dissenting. Consider Settlement of Halpin Account (On the table) Remain on the table. MINUTES REGULAR CITY COUNCIL ~-~ETING J~LY 7: !969 BUSINESS Receipt of letter of Commends tion from W. H. DaCamara Mayor Gallo read the communication from Mr. DaCamara commending the Fire Department on the expediency and efficiency the men in this Depart- ment recently handled a fire at his home. ~gdeipt of Plat - Leisureville, Section 3. City Manager stated the Plat has been received by the City Clerk but asked that this item be held in reserve until such time as the bond is received. Mr. Summers made the motion that this item be tabled. ~. Nylund sec- onded and motion unanimously carried. ~DMINISTP, ATIVE Consider request for transfer of Taxi Franchise ~.~ayor Gallo read the letter received from T. Earl Wallace in %.~hich he stated that due to failing health he %~uld iik~ to t~ansfer this fran- chise to other individuals, namely; Boynton Beach Taxi Service, Inc. whose prinicipal is Thomas Barlous, presently operating Yellow Cab Co. in V/est Palm Beach. City Clerk advised she had just been presented with the transfer and her Department has not had an opportunity to check out the application. City Attorney advised that due to the requirements of this Franchise~ the City should check out the principals on character, financial res- ponsibili~Y~ background, previous business connections, etc. . . ~. Michael made the motion this item be tabled until such time as the Mtg Cmty Clerk can ch~ck out the applicant to be sure they comply with the ~-21-69 O~dinance of the City. eMdtion seconded by Mr. Nylund and carried 4-1. Mr. Collins voted "~o'~. Receipt of Figures for ~he 1969 Tax Roll Tax Assessor presented the follo%~ing figures for the 1969 Ta~ Roil: Assessed Widows g Homestead Valuation . Disability ... E~emption $89~817~543 $217,500. $20~8_~220. 4,429,710 500. $94:247:253 $218,000. $20,38!:220. Non-Exempt Real $69,2t8:823. Property Personal ~29,210,. P~operty $73,648~033. 1,~. Michael made thc motion that the figures as presented on the 1969 Tax Roll be received. Mr. Summers seconded and motion unanimously carried. ~INUTES P~EGULAR CITY COUNCIL i~ETING JULY 7~ 1969 Cqqsider Rea~est of Norma Fosse for Refund ~.~ayor Gallo stated that i,~orma Fessa requested a refund of $50.00 loss 20% on Cemetery Lot ~,-22, Block G, Plat Book 21, Page 84. Michael made the motion this refund be granted less the Summers seconded and motion unanimously carried. Receipt of T%~ (2) Cremation Certificates - Morgan Guaranty Trust Co. l,~ayo~ Gallo read the following description on subject items: Water & Se%~er Rev. Bonds Issue 1961, Set. A dated 12-1-61 Sar. B ~ ~ 51~550.00 ~ Michael made the motion these Cert~f_o~tes be received. Summers seconded and motion unanimously carried. ~Cqnsidor ReplacSDg. a Portion of Old Se~,~er Main - N.E. 2nd Avenue Mayor Gallo read the communication from City Engineer~ Harold Hopkins~ in %?hich he recommended that Houdaitle: Duval-~ight be permitted to replace defective sections of the 21" se%.~er on N.E. 2nd Avenue at a quoted price of $1:867. t~. Sure, acrs made the motion that Houdaille ~ Dural-Wright be authorized to make this emergency repair to the sewer line at a cost of $1:867. i~r. Ny!und seconded. ~.~r. ~lichael suggested t~.D more bids be secured for the files, so that if the City Counai! had to defend itself: they %~ould be able to do so. City Attorney recommended the City go out to purchase the pipe requi~ed and suggested only the labor be done by an outside contractor. At the suggestion o~ ~L~. Michael~ }~ir. Summers dropped his motion. ~4r. Michael made the motion the City Manager purchase the material out of existing funds and that Houdaille~ Dural-Wright be contacted to secure a bid ~or labor and installation; also, the price of labor and installation be obtained from ~-~ other contractors. ~. Nylund sec- onded and motion unanimously carried. .C..onside~ proposed Lg~eement ~,gith Seaboard Coast Line Railroad. City ~lanager explained that this Ag-~eement is necessary in order to install tile pipe rom Force Main ~8 under the railroad and the other Agreement is for the installation o~ the 6~ line going into the Indus- trial area. City Manager stated this is a matter of ~orm ~nd the ~ayor~s signature is required on this Lgresment with the Seaboard Coast L~ne Railroad. -7- i~,~INUTES P~EGUlJ~R CITY COI~CIL JULY 7: 1969 t, ir. Summers made the motion that the ~iayor be permitted to sign the contracts %zith Se~,boaza Coast Line Railroad. ~ir. Michael seconded and motion unanimously carried. Approval of Bills Cits~ Clerk presented the £otlo~?ing bills stating they had been checked by Finance and approved by the City ~anager: ~tten Insurance Agency Advance Lit Conditioning Hunnicutt & Associates Burnup g Sims P.B. Tank & Culvert Co.~ Inc. Russell g Axon Estimate ~l - Camb~on Const. 1~036.00 900.00 1~773.55 512,82 50,807,56 l{r. Summers made ~e motion these bills be paid. ~{~. Collins sec- onded and motion unanimously ca~ried. Othe~ Emily Jackson~ 728 N.E. 9th 2lvenue stated she opposed the passage of O~dinance No. 69-16 in that possibly the Code o~ Ethics recently adopted by the ~ rate Legislature had been violsted. l-t~s. Lottie Piemce asked the Council %,~en they planned to place the ~bta~~ group in job positions with the City~ %~ich she contends had been promised to them. l~ayor Gallo pointed ou~ that the program was being ~ked out by the Chamber-of Commerce for summe~ jobs: and fumther pointed out: that if a job did become available everyone could apply but jobs will not be cmeated for anyone. Russell g Axon Bills City l~anager recommended that ~gc pay 4% of the pending bills %?hich is part of their contract. City Attorney suggested that only those bills %,J~ich a~e not in con- t-~oversy be paid: and furthem: that a meetin~ be arranged with Russell and A×on~ City Manager~ l~ayor & Council~ and. City Attomney to t~y to resolve ou~ other p~ob!ems. fir. l~iichael made the motion that only those bills that are not under dispute ~'~ith the City t~anager be paid. 1,~. Nytund seconded and motion unanimously carried. There being no furthem business~ 1,~. Ny!und made the motion the meetin9 - @ M~UTES REGIlt~%R CITY COUNCIL I.~ETING JULY 7~ 1969 be adjourned. ~. Summers seconded and motion unanimously carried. Meeting adjourned at 10:i0 P.I~. CITY OF BOYNTON BEACH VincSn't d. G~ Si~;, Mayb~ Gilbert H. Collins~ Councilman l,lid~ael V. i,~¢hael~ Councilman 'City C.,.erk ~ LeoTfard EL Nylund, Cbu~lman~ MORGAN GUARANTY TRUST COMPANY OF NEW YOB. K Dear Sirs: We enclose herewith Cremation Certificate(s) single copy, 2 in duplicate, in triplicate, in quadruplicate, covering the 8estructiou of the followiug described securities: I~ESCRIPTIGN ~e% frem Copies of Certificate sent to.~ Issme of $33.,037. F~O You~p very r, ruly, orized SignatUre 12 Aggregate Face. ~?,ooo.0o $~z~5~o 0o · he a'oo~e Coupons ~re paid by Norgan Guaranty T~ast company New York d~ring the pe=~od December ~967/~y ~968¢ inclusive. MORGAN GUARANTY TRUST COMPANY 12 The ~bove :Coupons w~re New York~d~u~ing ~he per&od Dece~foer 1967/M~y 19685 inclusive, MOBGA~N GUAI{ANTY TRUST COMPANY