Minutes 02-03-69MINUTES REGULAI{ CITY COUNCIL MEW-TING HELD AT CITY HALL
BOYNTON BEACH, FLORIDA ON MONDAY ,FABRUA/{Y 3, 1 969 @ 7:30 PM
P1LESEN T:
Vincent J. Gallo, iViayor
Thomas A. Summers. Vice Mayor
Gilbert H. Collins, Councilman
Michael V. Michael, Councilman
Leonard E. Nylund, Councilman
Gene Moore, City Attorney
Grady W,Courtney,City Manager
~Virs .Tereesa Padgett, City Clerk
iVlayor GaLlo called the meeting to order at 7:30 P.M.
The Invocation was given by Kev. Nelson P. Moyer, Pastor of the First
Methodist Church of Bolraton Beach, and the Flag Salute was led by Harold
Hopkins, Director of Public Works.
/VLI~UTES - Red. ilar i%ieetin~ Januarv 20, 1 969:
Mr. Nylund stated that correction should be made on Page No. 5, first
paragraph, to delete the last sentence of the motion.
Mr. Nylund made the motion that Minutes cd the Regular Meeting cd Janu-
ary 20, 1969 be approved with above correction made. Mr. Michael
seconded, motion unanimously carried.
?resentation o£ Plaque, to Judge Martin R. Durki~--
Mayor GaLlo made a public apology to Judge Durkin for not advising the
Judge that he would not be re-appointed this year, and stated he would
assume complete responsibility for this oversight. He then asked Judge
Durkiu to come forward and presented him with a plaque for his years of
service from 1 961 -1 968.
Judge Durkin thanked the City Council for the plaque, stating he accepts
it in the spirit in which it was given.
OLD BUSINESS:
Al~point Judge Ad Litem (On the Table);
Mr. Summers moved this item from the table. Mr. Collins seconded.
Motion carried 3-2, Councilmen Michael and Nylund dissentin§.
Mr. Collins made the motion to appoint Fra,~k Weathers Judge 2, d Litem.
Mr .$urnn~ers seconded.
Page No. I
MINUTES
REGULAR COUNCIL MEETING
FEBRUARY 3, 1969
Mr. N¥1und asked the City Attorney if there could be a conflict of interest
since Mr. Weathers is a law partner of the p~esent Municipal Judge, and
the City Attorney answered ~here could be.
In light of the City Attorney's opinion, the City Council unanimously voted
not to appoint Frank Weathers as Judge Ad Litem.
Reconsider the i~equest of Briny. Breezes Re: Sewage Problem:
1VLr. Mummers made the motion that this item be tabled until such time as
additional informat/on is obtained, lV~r .N¥1und seconded. 'NIotion unani-
mously carried.
BID O,P. ENING: - 7:45
IVLr. IWylund n~de the motion the receiving of bids be closed and the bids
received be opened, lvLr. 1Vlichael seconded and motion una,~aously
carried,
One (1) ½ Ton Picl~p; One (1) 3/4 Ton Pickup; One (!) Van Type Truck;
One (1) 3/4 Ton Pickup with Utility Bed; One (1) 3/4 Ton Cab and Chassis
City Clerk opened and read bids received from the following:
Wayne ,a_kers Ford, Lake Worth
Benz Chevrolet, Inc., Lake Worth
Palm Beach Dodge, Inc., West Palm Beach
Rich Motors, Inc., West Palm Beach
Mr. ~ichael made the motion the bids received be ~rned over ~o the
Tabulating Committee for their recommendation. Mr
Motion unanimously carried
Annual SupplV of Gasoline and Oil:
City Clerk opened and read bids from the following:
Standard Oil Co., Jacksonville, Florida
Seacrest Petroleum, Boynton Beach
Gulf Oil Corporation, Miami
Page No.
IvIINUTES
REGULAI~ COUNCIL MEETING
FEBRUARy ~, 1969
Union Oil Co. of Calif. (Pure Oil Division)
Ci~ies Service Oil Co.. A~lant~, Georgia
Sinclair Refining Co., Tampa, Florid~
lV/r. Michael made the motion the bids be turned over to the Tabulating
Committee for their recommendation. Mr. Nylund seconded and motion
unanimously carried,
.A~_~upply o£ Tires:
Cit~ Clerk opened and read the only bid received from the following:
Don's Firestone, Boynton ~each
IV/r. Michael made the motion the bids be turned over to the Tabulating
Coran~ittee for their recommendation. Mr. Summers seconded and motion
unanimously carried.
Ann_ua~!_~ppl_~_o__f_Batt e r ie$:
City Clerk opened and read the bids received from the following:
Boynton Auto Supply, Boynton Beach
Gould National Batteries, Lake Worth
Mr o Michael' mo~ed the bids be turned ever to the Tabulating Con0xnittee
for their recommendation. Mr. Summers seconded and motion un~u imously
carried.
Annual Supply o£ Galvanized Pipe and Fittings:
City Clerk opened and read the bids received from the followlng:
~Iueller Co., Decatur, Ill/nois
A & )~ ~ipe & Supply Co. Hinleah, Florida
Gulfstream Steel Corp., Delray Beach
Charles Sales Corporation,West Palm ~each
Sm/th-Blair, Texarkana, Texas
l~age
MINUTES
REGULAR CITY COUNCIL MEETING
FEBI~UAi{y 3 , 1969
All S~ate Pipe Supply Co,, Inc. Jacksonville
Farqu3aar IvL%chinery Co., Jacks~v~e
Southern Meter & Supply Co. ,~eland
B & H Sales ~c. K ~ke Park, Flori~
Davis ~ieter & Supply Co., D~
Dresser ~tg. Co., Bra~o~d,
~ir. Nyl~d ~oved the ~ds be acceded ~d ~rned over to ~e Tabu]a~g
Co--tree. Mr,Coll~s seconded and motion ~n~-~ously carried.
Ci~ Clerk opened ~d r~d bids received fro~
Penins~ar Supply, ~est Pa~ Beach
A & B Uti~es S~ppl~, ~I~
Davis ~eter & S~pply Oo. D~
Cereal-Teed Produc~s Corp. A~lan~, Georg~
~ & H Valves & Fi~Angs, E~son,
Clowd Ocr pora~on, Bir~gham,
Americ~ Cast ~on Pipe Co, Orlando
Sou~ern ~eter & Supply Oo,, ~e~nd, Flori~
B & H Sales ~c., ~ke Park, Flori~
~r. Nyl~d ~oved ~e bids be accepted ~d ~rned ~er to ~e Tab~g
C°~ee. ~r. ~c~el seconded and ~o~on ,m~ously' carried.
Page NO. 4
MINUTES
REGULAR COUNCIL lVIEETING
FEBI{UAi~Y 3, 1969
~1 Su~Iy Water. Meters:
Ci~ Clerk opted ~d read bids from ~e foHo~g:
So.em ~eter & S~pply Co.. ~ke~nd
Badger ~ter ~fg. Co., ~waukee, WiSc.
Nepme Me~r Co,, A~, G~.
Hersey-S~rl~g ~eter Co., De~m, ~ss.
Da~s Me,er & Supply Co., D~, F~.
~r. S~ers moved ~e bids be accepted and ~rned over to ~e Tab~ng
Co~t~ee for ~eir reco~e~ti~. ~r. Co~s seconded ~d motion
,~n~n~ously carried.
~al Supply Cold ~ ~
Ci~ Clerk opened and r~d bids from ~e
D~e As~lt Co., West Pa~
~ub~ Construction Co., West Pa~ Bea~
~r. Nyl~d moved ~e bids ~e acceded and ~rned over to ~e Tabu~t~g
Co~ee for ~r reco~enda~on. Mr. S~ers seconded a~ motion
~ously carried.
~1 Supply of C~orine:
Ci~ Clerk opened and read bids received from ~ fo~o~ng:
Tesco ~dustr~l Che~cals
~icard Chemical Co., West ~alm Beach
Colonial Che~c~ Co., Or,do
Allied Ch~rlne & C~cal ~roducts,
~lr. S~ers ~ved ~e bids be accepted and turned over to the Tabu-
~t~g Co~i~ee for ~eir reco~en~ti~. Mr. Co~ second, d, and
~tion ~imously car~ed.
MINUTES
REGULAR COUNCIL IVLEETING
F..EBi~UA~IY 3, 1969:
~unual Supply of Shell Rock & Pit LAm~:
City Clerk opened and read bids from the following:
Ed Clanton Tracking, Bo~t~ Beach
Kea~'s T~c~g, Boynton Beach
Donald L. ~e~es
Mr. Nyl~d moved ~e bids be acceded and ~rned over to ~e Tabu~ng
Co~ee for ~eir reco~dation, Mr. S~ers seceded ~d ~tion
~mously c arried.
~orce Main No. 8 - 8:00 P.M.:
Mr. MicMel rode ~e motion ~e recei~g ct bids be closed and
bids subdued be accepted. Mr. Nyl~d seconded and moron ~a~mously
carried.
Ci~ Clerk opened and read the bids received from ~e
Jericho Const~ction Corp. Eau Gallie,F~.
Mercury Cons~ction Co., West Pa~ Beach
Dawson, Co., Jupiter
Cambron Construction Co., Or,hdc
Mr. S~ers made ~e motion ~e bids be accepted and ~rned over to
~e Tabulat~g Co~ittee for ~eir recoiled/ion. Mr. Col~s second-
ed and motion ~ously carried.
?UB LIC AUD~NCE:
~rry ~/ort, 725 Ocean ~et Drive, co--ended Mayor Gallo on
a pubic apology ~ J~dge ~r~n, and ~ggested the Judge be given sever-
ance pay.
Emily Jackson, 728 N. E. 9~ Avenne, stated she was in, rested in
ing h~ much ~e Ci~ spends on various coherence which ~e City
~ficials must a~end.
Page
MINUTES
P, EGULAt{ COUNCIL MEETING
FEBP~UAi{¥ 3, 1969
NEW BUSINESS:
Pr ocL%rn~ion:
Mayor Gallo read a Proclamation in which February 12-22, 1969 are
designated as Patriotism Days which is l~eing sponsored by the DCT Group
of Seacrest High School.
Beach Jr. High School Students:
Mayor Gallo re~d a letter from Henry Thompson, President of the Boynton
Beach Chamber of COmmerce, in which he stated he was quite concerned
with the attempts of ~e School Boards to desegregate oum school and the
possibility of the Boynton Beach Jr. High School being closed down. The
l~ayor further stated, it would be of interest to all the Citizens of Bo!Triton
Beach to attend a meeting being held at the school on February 4, I969 in an
effort to resolve this problem.
LECu%L:
Ordinance 69-3 (Znd Reading) Re: Insurance Premiums:
City Attorney read subject Ordinance by caption only. First Re~ding:
January 20, 1969. Mr. Michael made the motion ~t Ord~nce 69-3 be
accepted on second rea~ng. Mr. S~ers seconded and motion ~.
incus ly carried.
Ordinance 69-4 (2nd l{eading) Amending Sub-division Ordinance
Re: Maintenance of Lakes, Canals, etc .:
City Attorney read subject Ordinance by caption only. First reading:
January Z0, 1969. Mr. Summers made the motion that Ordl-ance 69-4
be acce~ed on second reading. Mr. Collins seconded and motion %mani-
mously carried.
Resolu,t/on 69-,D lte: Uuiqnism of City ,Employees:
Mr. Moore stated that inasmuch as the Bill would not be finalized until
February 4th, he woald recommend this item be tabled until some points
have been clarified, and the amended bill is sent to all municipalities.
1Vir. Nytund moved to accept the Leagues recommendation and instructed
the City tViaeager to send a telegra31%, Mr. Slammers seconded and motion
unanimous ly carried.
Page No.7
MINUTES
P. EGULAR COUNCIL M~EETLNG
FEBRUAl%Y 3, 1969:
Ordinance 69-5 (lst Reading) Amending Sec. ZS~A-? of the Code
~e: Bonding Kequirements:
City Attorney read Ordinance 69-5 in its entirety.
h~ayor Gallo asked the City Attorney i/there would be any repercussions to
the City Council in an attempt to assist the developers, by putting up good
surety bond if it could be passed as an emergency Ordinance to expedite
th/s matter.
Mr. Nyhmd stated that according to the Charter, it would have to be a real
crisis to permit an emergency Ordinance.
Mr · Summers stated he has always been against emergency Ordinances
and therefore made the motion that Ordinance 69-5 be passed to second
reading. Motion carried 4-1, Mr. Michael dissenting.
Further Discus,sion ge: Legislative Program:
City Attorney stated the advertising had been pl~ced.
Change City Election:
City Attorney stated the City Council's desire to change the City election
would entail quite a number of changes and it was more difficult then
it appeared on the surface, as there are at least six sections t~t need
changing in the Charter, which amounts to a major Charter revision.
He further stated he would continue to work on it so it could be presented
at the next Legislative Clinic.
Mr. Summers made a motion that the City Attorney's recommendations
be accepted and we not go into the matter at the present time, but prepare
it for presentation at the next Legislative Cllnic.
.l~,.e s e rye .Annexation:
City Manager reported that he had been in contact with Lantana, Delray
Beach and Hypoluxo and though he has nothing in writing at this time.
Lantana and Delray Beach indicated there would be no problem. He
further stated that Mayor Brown of Hypotuxo has not given an answer due
to the fact that they are weighing the request from the City and residents
in the general area who have requested annexation to Hypoluxo ,therefore,
he could not give us an answer at this time.
City Attorney advised that a map of the areas to be annexed be prepared
as quickly as possible and then he would proceed.
Page No. 8
[v[INUTES
I{EGULAI% COUNCIL 1VLF_~TING
.FEBRUARY 3, 1969:
Pension Plan and Bid Increase:
City Attorney s~ated there would be no problem with these two items and
the l~pers are ready to pNesent to the Legislative Clinic.
Policin~ the-City! s Beach af~ O~ean
City Attorney stated that he considers it very doubtful that the Legislature
wou/d introduce a bill whereby one municipality would have jurisdiction
over another as they would not %rant to become involved in internal matters
and suggested to the City Council Ehat they drop i~o It ~s agreed.
Discuss Existing Bldgs, on Lts 13-16 Incl. Less
Ac.Sec. Z0/29 (On the Table):
~v~r. 1VIichael made the motion t]~t this item be moved from the table.
Mr. Gol]/ns seconded, motion unanixnou$1y carried,
City Attorney stated that this property is in violation of fire and plumbing
codes and the minimum housing code, and steps should be taken to alleviate
this condition.
Mr. tV~ichael made the motion that Mr, ~v~oore~s recon%mendation be
accepted and the Building Department should proceed with the necessary
steps, tVtr. Sun~ners seconded and motion unanimously carried.
Southern Bell Franchise (On the Table):
City Attorney recornmnended this item remain on ~he table as there are
several other items that must be checked out before a final determination
can be made.
Clarification of ~-onin~ - /v[r. Charles Boos:
City Attorney e=~plaLned a question of building latmdrornat and dry cleanin~
services in the 100 block of $. %V. 15th Avenue has been requested by
Charles Boos and he advised that there was some questions as to the
legality of this type of operation in a C-1 zone.
/vir. Boos appeared before the City Council stating with the type operations
he cor~templated the obnoxious parts that once were connected with the dry
cleanin~ operation have been removed, stating further that non-conlbust-
ible material would be used.
Page No..9
REGULAI{ COUNCIL MEETING
.?EBRUAI{Y 3, 1 969:
Councilman Michael made ~he motion tb~t the Fire Chief be ~ltthorized
to investigate this matter and present his report to the City Council with
his £ indings. Mr. SUmmers seconded and motion unanimously carried.
ADiViINtS TIaA TIVE:
_Consider Hunn!_~u~t Proposal for ! 969 Appraisal Service:
City ~Ma~ger stated that in general this was the same con~ract the Cib;
had las~ year, but the price this year was $2,000.00.
iPir. Summers moved that we enter into an Agreement with Hunnicut~ and
Associates to do the 1969 appraisal work. tvi~, Collins seconded mad
mo~ion unanimously carried.
Application to solicit - Girl Scouts:
Mr. Summers moved this application for the Girl Scouts to sell cookies
be approved and the usual fee waived. Mr. Nylund seconded and motion
unanimously carried.
~ransferofLicense:
1. 5eulah Fairhead:
Cit~ Clerk advised that this license was currently in the name of Coach
House, Inc. l{oy Boxley, /VL%nager, d/b/a/ Boxley's Smorgasbord, and
the request is to transfer the license to Beulah Fairhead as manager,
d/b/a/Smorgasbord Haus, and further stating the application had been
checked by all departments concerned.
lvlr. Michael made the motion that the trmasfer of license be granted. Mr.
Collins seconded mad m txon unammously carried·
Z o Harold Kandolph Foster ,.
,,, B~h~r~ Bal':
City Clerk asked that the existing license for bar and package store now
in the name of LOcksle¥ Thompson be transferred to Harold Foster. She
further stated that the application had been Checked by all departments
concerned.
Mr. Nylund moved the transfer of license be granted · Mr. Michael seconded
mad motion unanimously carried.
Page No. 1 0
R/INUTES
ItEGULAI~ COUNCIL 2~LEETING
~rge Voter's P~e~is~a~o~ ~ Acco~nce ~Sec, 8-3 of ~e Code:
~r ~ ~ic~e[ ~de ~e mo~ion ~ ~e ~es of ~e ~3 ~ople be acceded
~d p~ged from ~e ~g Iist. ~ ~ S~ers secon~d and moron
~usly ca~ried.
A~PROVAL OF B~LS:
C~ Clerk presented ~e foiling bill for payme~, s~g i~ ~d be~
checked by ~i~ce ~d ap~oved by ~e City ~aEer:
Robert D. Wise
SidewaYs on S.E. 1~ Ave
& N. E. 6th Co~t $i
~r. 2~ichael moved ~is b~l be paid. ~r. Nylund seconded and moron
u~ously carried.
Ci~ Clerk presen~d ~e lo,owing bills for ~e~ s~g ~ey ~d been
checked by F~ce and approved ~ ~e City
Hals ey-Griffi~h
Service Equipment Co.
International Business Machines
Benz Chevrolet (Z trucks)
J. G. Dresser
Palm Beach Tank & Culvert.Coo
$ 759.50
$Z,738,00
$ 643.50
$?,050.Z4
$I,000.00
$3,238,00
tV/r. Michael moved these bills be paid, as presented. IVlr. Summers
seconded and motion unanimously carried.
City Clerk presented the following bill:
Gerald Dake & Associates
For: 1-95 Grade Separation
(S.W. 5th Avc
$ 550.00
Mr. Michael moved this bill be paid as presented. IvIr. Gollinm seconded
and motion unanimously carried.
Page No. 11
MINUTES
REGULAi{ COUNCIL iVIEETING
FEBP~UAI{Y 3 ,! 969
Discus,sWorkshopProcedure:
b~fayor Gallo read the report in which he presented the format to be used
to prepare the Agenda for the ~egular Council iVleetin§s in an effort to
h
abolish t e ~Vorkshop Sessxons, and asked the Council if he had incorpor-
ated all the changes which had been discussed; copy of which to be made
part of these/v/inures o
IVlr. Michael made the motion that this new format be tried for the next
two Kegular Council Meetings beginning with the next Council Meeting
on a trial basis, and at the end of the trL~l period a determination be
made as to which format should be adopted, Mr. Nylund seconded and
motion ,~nanimously carried.
OTHER:
~. Summers reported that the l~valier type microphone system for the
City Council Chambers had been ordered and they should be delivered in
time for the next Council Meeting.
Appointments: Mrs. Betty Law and Mrs. /viuriel Holm-nan:
Mr. Courtney requested permission from Council to confirm k/rs. Law
as Actin8 Finance Director in addition to her duties as City Treasurer,
until such time as a decision is made on the Finance Director for the City,
He further stated that he would like l~rs. Muriel Holzr~an to act as Mrs.
Law's assistant in her absence o
IVLr .Summers made the motion that these appointments be granted, tVLr.
Nylund seconded and motion unanimously carried.
Appointment of Assistant City Clerk:
Mr. Courtney stated that inasmuch as bits. Alvera I~clde had been trans-
ferred to the Finance Department because of her excellent background in
bookkeeping, he requested permission to appoint IViis s Al/ce Igewett as
Assistant City Clerk to perform the duties of Court Clerk.
l~zr, Summers moved that this request be granted. Mr. 1VLichael seconded
and motion unanimously carried.
Permission to So_licit -Boynton Beach Child Care Center:
The C/fy Clerk stated that subject organization has asked for permission
to solicit throughout the City for funds, in an effort to complete the Center,
for a 90 day period, starting as soon as possible. She further stated that
they had not as yet filled out the necessary forms for solicitation but
Page No.1 Z
/vlIN UTE S
REGULAR COLrNCIL IviEETING
FEBRUARY 3, 1 969:
plan to do so.
Mr. Summers moved the request be granted for a period of 90 days pent, rig
the £illin§ out of the required forms necessary, for ~he Boynton Beach
Child Care Center. tVir. Collins seconded and motion unanimously carried.
There being no further business, Mr. Nylund moved the l~ee~_ng be
adjourned. Mr o tViichael seconded and motion unanimously carried.
Meeting adjourned at 10 P.M.
' s,~Vic e Mayor
Gilbert H. CoLlins, Councilman
Ivtic. h~el V. Michael, Councilman
Leonard
{Mrs .~ Tereesa Padg~, ~:it¥ Glerk
ilman
Page No. 13
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