Minutes 05-05-69MINUTES REGULAI{ CITY COUNCIL MEETING HELD AT CITY HALL
BOYNTON BEACH,FLOI{IDA ON MONDAY A/AY 5, 1969 at 7:30 P.M.
PKESENT:
Vincent $. Gallo, Sr., Mayor
Thomas A. Summers, Vice Mayor
Gilbert H. Collins, Councilman
lv/ichael V. IV/ictmel, Counc/l~nan
Leonard E. N¥1und, Councilman
Gene Moore, City Attorney
Grady ~r.Courtne¥,City Manager
Tereesa Padgett, City Clerk
lVLayor Gallo called the meeting to order at 7:35 P.M.
The Invocation was given by Grad¥ W. Courtney, City Manager and the
Flag Salute was led by Councilman Gilbert H. Collins.
~eco~nition of Special, Cue sts:
Mayor Gallo recognized Robert B.eyrer of Sterling VilLage; former Mayor,
James lv/ahoney and Geoxge']Dav/S representing the Cha~aber of Comnaerce.
Presentation of Certificates to Participants in "Youth in Government"
Pro,ram:
l%/ayor Gallo stepped dov;n from the dais to present Certificates and Con-
gra~ate all ~ose students from the Bo~n Beach Jr. ~gh School who
partici~ted in ~e recently held You~ in Oover~e~ Pro,ram.
.lViINUTES:
~egular Meetin~ - April 21, 1969L
Mr. Nylund made the motion that the Minutes be approved as presented.
Mr. Michael seconded and motion unanimously carried.
_Special Meetin~ - April. 30, 1969:
City Clerk read the IV£inutes of the SpecLal Meeting. Mr. Michael moved
the Minutes be approved as read, Mr, Summers seconded and motion
unanimously carried.
P._.UB LIC AUDIENCE:
l{obert Beyrer, Executive Council Chairman of Senior Citizens of Sterling
Village, came forward to state that the members of his organization, want
to go on record as being unanimously in favor of the acquisit/on of addi-
tional beach property and will give their earnest support should it come to
a referendum vote.
Page No. 1
MINUTES
t{EGULAP~ OOUNOIL MEETING
,,M_AY 5,,1969
~rn~y Jackson, 728 N. ~.. 9th ~venue read ar~ ar~lcle f~o~
~r in which they raised objec~ons ~o ~e proposed ~ean o~11.
~ic~el Yo~jo~., 815 C~pel H~ Blvd. objected ~o ~e COheSion in which
~e area was left after ~e drainage system was ~talled, and f~t~r
objec~d to the acquisition of ad~l b~ch prope~y ~ ~e ~e ~es
be~ b~ilt ~ Leisu~e~lle,
OPEN~G OF B~S - 7:45 P.~.:
~r. ~chael made the ~o~ion ~at ~e receivin~ of bids
~hose bids received be ~rned ~er Zo ~e Gi~ Clerk. ~. Nyl~d seconded
and moron ~ously carried.
~e (1). ylbra~or
Ci~ Clerk opened b~ds received fro~ ~e
Gr~f~ Equipment, ~c. ~est P~ Beach
~,L, Sly ~ac~e~, ~est Palm
Shelley Tra~or & Equi~t Co.,
Mr. Nylund made ~e motion ~t all bi~ received be ~rned ~er to the
Tabula~g Co~ittee for their reco~endation. ~ir. Michael seconded
~d motion ~ously carried.
,PU~ HEA~G - 8:00 P.~.:
~uest for C~nge ~ Zon~:
A~es Stoner - Lot 1Z (~-1) & ~t 15 High Po~t to
~yor Gallo read subject request and asked anyone ~ ~e au~ence to co~
for~rd who .wa~_ ~ favor or ~ opposi~on to ~s change
~rvin Whiteside, 219 S. E. Z3rd Argue presented ~e Ci~ Co.cH
a ~tiSon signed by 16 residents of the area who were m op~si~n
c~n~e ~ zoning.
No one came forward who was ~ ~vor of this c~n~e in ~ning
Page No. 2
MINUTES
t~EGULAK CITY COUNCIL MEETING
~Y 5~ 1969
Mr, Michael made ~he motion that the request be denied. Mr. Summers
seconded and motion ~animousl¥ carried.
LEGAL:
Ozdinance 69-11 (2nd ReadinE) - t~eZoni~, ~ .Worreil Parce~l~
City Attorney read subject Ordinance by caption only. First reading:
April Z1, 1969. Mr. Nylund moved this Ordinance be passed on second
reading. Mr. Summers seconded and motion ~nanimously carried.
Ordinance 69-13 (Znd Reading) - Rezoning High Point Parcel:
City Attorney read subject Ordinance by caption only. First reading:
April 21, 1969. t~. Nylund moved th/s Ordinance be passed on second
reading. Ivir. Summers seconded and motion unanizr~usly carried.
,Ordinance 69-14 (Znd Reading) - Kezoning Miller Parcel:
City Attorney read subject Ordinance by caption only. First reading:
April Zl, 1969. Ivir. Sun~ners moved this Ordinance be passed on second
reading, Mr. Michael seconded and motion unanimous ly carried.
Resolution 69-M Re: Ocean Avenue & 1-95:
City Attorney read subject t~esolut/on in its entirety. Mr. Summers r~ade
the motion that Resolution 69-tVi be passed. ]Mr. ]Michael seconded and
motion unanimously carried,
,LEGAL:
OTHER:
Consider De,linquent UtiLity Accounts
City Attorney s~ated that since the completed list has been presented, he
can proceed to place a lien on the properties in question/f Council so
desires,
Mr. ]Michael made the motion the City Attorney be instructed to proceed
with the liens on the properties listed. Mr, Collins seconded and motion
unanimously carried.
Page No. 3
A/INUTES
REGULAR CITY COUNCIL MEETING
A4AY 5, 1969
Status of the Keller-Waite Suit:
City Attorney reported the suit had been filed, but at the request of N/rs.
Keller's attorney he will hold this in abeyance inasmuch as Mrs. Keller
has started to clean her property and promised to complete the removal
of excess vegetation.
OLD BUSINESS:
Skreet Pav/n~ & Drainage Pro,ram (On the Table):
Remain on the table.
Comprehensive Study on YFater & Sewer Service Outside City L/~nits -
(On the Table): , ,
P~ern~-in on the table.
l{eport on Commercial Garha~e Study (On the Table):
l{ernain on the table.
,~,eport on Microphones & Bullet/n Board for Council Chamber{On the Tablek
City IV/anager pointed out to the Cotmcil ~hat the ~ulletin Board is now
installed, as well as the microphones with the exception of a few minor
parts on which we are awaiting deliveryo
Acquisition of Right of V~aV between S .W oZ3rd & 24th Avenues(On the Table):
Remain on the table.
&¢quisition of Parcels, Ad,~oining City Owned Property {On~ the Table):
Kemain on the table o
NEW BUSINESS:
Con~ider Kequest of Lee 1VIanor Isles Property Owners~ Con~a/~ee:
Mayor Gallo read a letter received from subject organization in which
they .... "respectfully request the City Council to enact an OrSi,~ance lirnit-
lng the rights of property owners to reapply a denied request for a stated
and substantial time interval".
Page No.4
N/]NUTES
REGULAR CITY COUNCIL MEETING
. .A~y 5, 1969
Mr. Summers made the motion that no action be taken at this time, said
leU;er to be filed for future reference and £urther s~udy. /vfr. Nylund
seconded and motion unanimously carried.
ADMINISTRATIVE:
.Semi-Annual Budget Review:
City lVianager advised the report would be ready for the nex~ meeting.
l{econsider Existin~ Contract wi~h Gerald Dake, Master
Mayor Gallo stated ~%at the contract with I~r. Dake had expired on April 24,
much of the work agreed upon in said contract has not been completed and
asked for the opinion of Council on this maker.
Mr. l~iichael suggested he be dismissed and the City A~orney v~ite and
tell him the City will withhold the final $300.00 because he failed to com-
plete his contract.
Jay Sarno, a member of the Planning & Zoning Board stated from the floor
that he did not believe tvlr. Rake had fulfilled his contract, and further
stated Mr. Rake had promised at the first meeting held this year by t~he
Planning & Zoning Board that he would submit an updated zoning map but
~o date. this has not been received.
City Attorney stated that lVLr. Dake is certainly responsible in complying
with his contract, and if he hasn't done so, the City can obtain the services
of another planner ,~jo complete the work and charge lVir. Dake for this,
tViayor Gallo questioned the possibility of hiring a full time piauner for the
City.
tv/r. iV/ichael made the motion th-t ~yor Gallo write to Mr. Rake advis/ng
him that/f his contract is not completed in a designated period of time, the
City will hire another consultant and so charge Mr. Rake o Mr°Collins
seconded and motion unan~aously carried.
$orge Echarte's Request - Re: Variance for Service SSation:
Bill Leonard, attorney for Caldos Properties, Inc. came. forward request-
lng an amendment to the City's existing Ordinance regarding distance
requirements o
Page No. $
MINUTES
REGULAR CITY COUNCIL tVLEETING
MAY 5, 1969, ,
Mr. Michael rhode the motion that this request for variance be denied.
Motion died for lack of a second.
/vir. Nyl~nd made the motion that the City Manager and City Attorney study
this matter further to learn how other Cities were able to chan§e the dis-
tance requirements, and report back to the Council at the next meeting if
possible. Mr. Collins seconded.
A/r. Michael asked that the records show that two weeks ago this Council
had a similar request, which they denied, but since this request is coming
from Caldos I~roperties, Inc. it is therefore being given/avorable con-
sideration by the same Council.
lV~ayor Gallo asked that-the records show that he and Counc~ Collins
voted a~ainst the restrictions on the Casto request two weeks ago,
tViotion carried 4-1, /vir .i~ichael dissenting.
Receipt of Letter from Russell & Axon Re: One Year Warranty
Inspection Area 15 /Halpin, Inc., Contractor):
City Attorney stated ~b~t he and tVlr. Courtney have met with I-Ls!pin, Inc.
and the City's Consulting Engineers several times with counter proposals,
none of which were acceptable to Halpin, Inc. He further stated that the
City is withholding sufficient funds for the extra engineering fees involved
which were incurred due to the fact that this project was not completed in
the stipulated number of days, it was therefore his recor~r~endation that we
do not approve the one year warranty release.
Mr. Nylund made the motion hhat the City Attorney's recommendation be
accepted. Mr. Summers seconded and motion unanimously carried.
Approval t{equested to Advertise for Tenders $Z8,000.00~'
Mr. Summers made the motion that advertisement be placed for tenders
in the amount of $28,000.00. Mr. Nylund seconded and motion unanimously
.carried.
..Consider Appointment of Resident Members of Board of Trustees:
City Attorney stated Mr. John Howell of the First National Bank has
been serving on the Police Retire ment Trust Fund, and lv~r. David
Laughlin of the First Bank of Boynton Beach has been serving on the z
men's l~ension Trust Fund, and further stated they have agreed to accept
re-appointment, i~esolution for which he has prepared and will read if City
Council so desires.
Page No.6
MINUTES
I{EGULAI{ CITY COUNCIL IvLEETING
~Y 5, 1969
l{esolution 69-N - Appointment of i{esident Membe. rs. to Beard of Trustees:
City Attorney read subject Kesolution in its entire~y. Mr. Sunm~ers moved
that t{esolution 69-N be passed. Mr. Nylund seconded and motion ,,-2ui-
mously carried.
,A,PP~OVAL OF BILL~:
City Clerk presented the following bills stating they had been checked by
Finance and approved by the Ci~! Manager:
Hunnicutt & Associates for March
$1,000.00
Chamber of Cornn~erce for April
$ 899.63
Benz Chevrolet:
For: Chevrolet Truck & Utility Body
$2,338.45
Mr. Nylund moved ~hese bills be paid. Mr. Summers seconded and motion
unanimously carried.
City Clerk stated tb~t in checking the records, they learned that a delinquent
tax bill of $99.32 as of February 10, 1969, belonged to the City, explaining
that it is the piece of land on which the City Fountain is located, said
property having been listed as City owned since 1962, City Attorney stated
there is a tax certificate outstanding on this parcel of land and the holder
could acquire title to the property unless the bill is I~id.
Mr. Nylund moved th/s bill be paid as recommended by the City Attorney
and City Clerk. Mr .Summers seconded and motion unanimously carried.
Consider Selection o£ Auditor for 1968-69:
Mr. Michael made the motion that Mr. Hawkins be asked to submit his con~
tract to the City Council for the upcoming year for consideration. Mr.
Summers seconded and motion unanimously carried.
Deed - Wolfe Property:
City Clerk stated ~h~t she was in receipt of a deed from Easco Development
Co. for 50' right of way of S. W. 1st Street between $. W. 2nd & 3rd Avenues
~. Michael made the motion this item be tabled until such time as our
Engineering Department has time to check out location. Mr. Collins
seconded and motion unanimously carried,
Page No. 7
MINUTES
I{EGULAi{ CITY COUNCIL MEETING
MAY 5~ 1969
There being no further business, Mr .Nylund made ~he motion the meeting
be adjourned. Mr, Sun~ners seconded and motion unanimously carried.
Meeting adjourned at 9:25 P.M.
Thoma
Gilbert
Cotmcilman
M:tcl~el V. M~chael, Councilman'-
onard E. Nylund,Co~._~i~Iman
~TTEST:'(tVlrs.lTe~eesa P~e~, City Clerk
Page