Minutes 06-03-68MiNUTES OF REGULAR C~-Y COUNCIL MEETING HELD AT CITY RALL,~
BOYNTON B~-3~CH~ FLORIDA ON MO.~IDAY ~NE 3~19~8 at 7:30 P.M.
Michael V. Michael~ Mayor
Vincent J. Gallo, Vice Mayor
Gilbert I~. Collins, Councilman
Leonard E. Nylund, Councilman
Thomas A. Summers, Councilm~n
Grady W.
Tereesa
Courtney,City Manager
Padgett, City Clerk
ABSENT:
Gene Moore, City Attorney
Mayor Michael called the meeting to order at 7:30
The Invocation was given by Grady W. Courtney, City Manager
and the Flag Salute was led by Mayor F~tchael V. Michael.
~ecognition of Representatives of Civic Organizations:
The Mayor introduced Mr. Cess Farrar, Executive Secretary of
the Greater Bo~ton Beach Chamber of Commerce and Mrs. Mark
~ite, member of the Woman's Club and Staff member of the
Bolrnton Beach Star.
RecoGnitioD of Travel Group:
The F~yor recognized visitors from Kershaw, South Carolina.
Mrs. Ellis, President of the Organization came forward to
thank the City for their hospitality. Mayor ~ichaet stepped
down from the dais, to extend a welcome to the visitors and
presented a key to the City to Mrs. Ellis.
MINUTES:
Regular Meeting - May 20th, 1968
Mr. Nylund moved the Minutes of the May 20L1968 meeting be
accepted as presented. Mt. Summers seconded. Unanimously
carried,
OLD BUS-~JE~S:
Consider Purchase of Beach Property:
Mr. Sum]hers explained that there was only one parcel of beach
property left which adjoins the i~unicipal Beach and wondered
if the City was planning to pursue this further.
Mr. Gallo asked if Mr. Dutch had an opportunity to discuss
this with the owners.
Page NOo 1
MINUTES
REGUI~AR CITY COUNCIL M~ETING
Ji~_'E3, 1968
Walter Dutch, realtor, c~me forward and explained he had dis-
cussed t/~e property with l~r.Barkowitz, attorney for
owners, and t~ey have extended their offer until June 3rd,
so the City Council could make a'decision. The first step
would be for the attorneys for the seller and the City to
have a meeting and discuss the financial details.
Much discussion followed.
F~r.Gallo made the motion that the two attorneys have a meet-
ing to discuss the purchase and try to come up with a work-
able financial solution. ~. Summers seconded.
Mr. Nylund stated we are not able to maintain the beach now,
and wondered how the City~uld be able to maintain additional
property.
Mr. Courtney wondered whether or not this could be ~n area
project, which would Lnclude Ocean Ridge and the County,
rather than $ City project.
Mr. Collins stated he had discussed with Commissioner George
Warren the possibility of the County leasing the Municipal
Beach, and Mr. Warren appeared very interested.
~.Gallo stated that he ~%ought this possibility merits con-
sideration, but in the interim, since time appears to be of
the essence, the two attozneys should get together.
Mayor Michael stated that he feels we do have a fine beach,
but unfortunately, it is not in the City limits. He went on
to say~ we do not have the right to patrol and cannot influ-
ence any zoning and felt that the purchase of additional
beac/~ property would be an extravagance which the City could
not afford at this time~ sLnce the City is facing increased
operational costs at this time, and if the beach property is
purchased, the ~yor did not feel we could hold the millage
at the present rate.
The Mayor then asked for a vote on the motion. Motion was
denied 3-2, Councilmen Nylund and Collins, and ~yor Michael
dissenting.
Mm.Collins then made a motion that the C%ty get together with
the County and see what arrangements can be made abou= leas-
ing our beach over to the County and have t/%e County take care
of it as at the present time, the County does not have beach
facilities in the south end of the County.
Motion died for lack of a second.
Page No.2
M/iqUTES
REGULAR CITY COUNCIL MEET~G
.JUNE 3, 1968
Mr. Dutch again came forward to state he had neglected to
advise the Council that in his conversation with the sellers'
attorney, he learned the sellers were leaning strongly towards
a bond situation rather t~an a purchase money mortgage, there-
fore the City could purchase the beach property without a
cash outlay.
BiDS - 7:45 P.M.
..OPE~/xNG:
Mr. Nylund moved the receiving of bids be closed and the bids
which have been received be opened. Mr. Gallo seconded.
Unanimously carried.
~sura~ce:
,~ayor Michael asked the City Clerk to advise the City Council
of the bids received, but due to the length of the bid, they
would then be turned over to the purchasing agent, and any
interested parties in the audience would be entitled to study
the bids. The City Clerk opened ~he following:
1. Hartford Insurance Group
Harvey Oyer, Jr. Agency~ Boynton Beach
2. Walter Dutch, Boynton Beach
3. American Fire & Casualty Co.
Allen Insurance Agency, Boynton Beach
b~. Gallo moved the bids be received and turned over to the
Tabulating Committee. Mr. ~ylund seconded. Unanimously
carried.
Call for Tenders:
City Clerk read a letter received from James Somerville, of
Security Planning, Inc~ in which he offered three (3) Bonds
numbered 535, 536 and 538 to the City at $995.00 each plus
accrued interest to date.
F~. Summers made the motion ~he City accept Mr. Sommervitle's
proposal and draw lots on the additional twenty-five (25) Bonds.
Mr. Gallo seconded. Unanimously carried.
Mayor Michael asked the Chief of Police, Gerald H. Thompson,
to draw the twenty-five (25) additional numbers which are as
follows:
Page Mo. 3
MINUTES
I~GULAR
JU~E
CITY
1968
C(K~NCIL F/gET ING
1. 469 10. 375 19. 424
2. 124 11. 280 20. 33
3. 91 12. 378 21. 455
4. 457 13. 18 22. 686
5. 418 14. 542 23.
6. 548 15. 563 24. 109
7. 381 16. 475 25. 17
8. 329 17. 391
9. 357 18. 115
.qr. Gallo made the motion that the twenty-five (25) numbered
Bonds be re-deemed. Mr. Summers seconded° Unanimously carried.
_A~$ARD Ib~G:
C.A.T.V.:
Mr. Gallo made the motion that this item be tabled inasmuch
as the City Council has not had an opportunity to discuss
this as a Tabulating Cormuittee, due to the death in 9~. Nylund's
family and Mr. Summers' illness. P~. Sum=mers seconded. Unani-
mously carried.
PUBLIC ~ARING - 8:00 P.M.
Mayor Michael read the following
Parcel 1: Lots 34 to 37,
requests for change in zoning:
inclusive, Block 18,
Rolling Green, 1st Addition
Request: Conditional use to allow
construction of church.
Location:iS16 N. E. 4th Court
Applicant: Congregation of Jehovah's
Witnesses
Mayor Michael th~u asked for anyone in 'the audience to come
forward who was in favor of this request.
M~. HaZy presiding b~nister of Jehovah's Witnesses came for-
ward and explained that they plan to build their Church on
2/3rds of an acre rather than the required one acre of land,
with the required parking facilities to comply with the zoning.
Mayor k~chael then asked for anyone in the audience to come
forward who objected to this change ~n zoning.
No one came forward.
Page No. 4
MINUTES
REGULAR CITY COUNCIL MEETI~IG
JUNE 3, 1968
~.Gallomade the motion that the City grant this request,
subject to the Board of Adjustment allowing for the variance
~at is necessary for the construction. Mr. Collins seconded.
Unanimously carried.
Parcel 2:
Lot 22, Block 1~ Frank Weber Stub-Div.
Request: From R-1 to P~2A
Location: 137 N. W. 10th Ave.
Owner: Lottie Linton
~4ayor Michael asked for anyone in the audience to come for-
ward who was in favor of this request.
No one came forward.
The ~ayor asked for anyone to come forward who was against
this request.
No one came forward.
Fir. Nytund moved we take the Planning & Zoning Boards' recom-
mendation and grant this request. ~,~. Summers seconded. Motion
carried 4-1, Mayor Michael dissenting stating he felt anyone
who had requested the change in zoning should indicate an
interest.
Parcel 3:
Lots 10 thru 18, inclusive and
Lot 32, Block 2, Lake Boynton Estates
Request: Fro~ R-1 to C-1
Location= 619 N. W. 1st Ave.,
Owner: J.I. Kislak Agency, Inc.
of Florida
Mayor ~chael then asked for anyone in the audience to come
forward who was in favor of the ~ange in zoning.
George Clays, representative of J. I. Kislak stated that the
property directly in front of ~his parcel is zoned C-l, and
since this property is to be used for commercial development,
the change was requested so the additional depth needed for
the building could be obtained.
Mayor Michael then asked for anyone in the audience to come
forward %~ho objected to this change zn zoning.
one c~me fort;etd.
Mt.Gallo moved the zoning request be granted as recommended
by the Planning & Zoning Board. Mr. Collins seconded. Unani-
mously carried.
Page No.5
MINUTES
REGU .I~R CITY COUNCIL MEETING
JUNE 3, 1968
Ordinance 68-12 - ~-ffecting Zoning Change on Parcel
...(!st Reading):
City ~nager read Ordinance 68-12 in its entirety.
Mr. Gallo made the motion that Ordinance 68-12 be accepted
on 1st reading. ~4r. Nylund seconded. Unanimously carried.
Ordinance 68-13 - Affecting Zoning Change on Parcel ~2
. (lst Reading):
City ~4anager read Ordinance 68-13 in its entirety. ~4r. Nylund
made the motion that Ordinance 68-13 be accepted on first
reading. Mr. Gallo seconded. Unanimously carried.
Ordinance 68-14 - Affecting Zonin~ Change on Parcel ~3
_(!st Reading):
City P~nager read Ordinance 68-14 in its entirety. F~. SUmmers
moved Ordinance 68-14 be accepted on 1st reading. ~4mo Gallo
seconded. Unanimously carried.
PUBLIC AUDIenCE:
James L. Breedlove - Florida Power & Light Co.:
~r. Breedlove presented the annual franchise check for $65,591.61
to the City Council. In making the presentation, }4r. Breed-
love noted the increase ~n franchise revenues over last year
indicated a City growth of i2.6%.
NEW BUSINESS:
None
LEGAL:
Ordinance 68-10 (2nd Rea~inq) Pension Plan:
In the absence of the City Attorney, City Manager, Grady W.
Courtney, read Ordinance 68-10 by caption only.
Mr.Gal!o moved Ordinance 68-10 be accepted on 2nd reading.
Mr. Summers seconded. Unanimously carried.
Ordinance 68-11 (2nd ReadinG) Amendinq Chapter 13 of the Code:
City ~4anager read Ordinance 68-11 by caption only. l~r. Gallo
moved Ordinance 68-11 be accepted on 2nd reading. ~4r. Nylund
seconded. Unanimously carried.
Page
M/~.NUTES
REGULAR CITY COUNCIL MEETING
_JUNE 3, 1968
Resolution 6S-D Re: Improvement of 2nd Avenue:
City ~nager read Resolution 68-D in its entirety, then stated
this is required by the State Road Department inasmuch as
Federal Funds are involved.
Mr. Gallo moved Resolution 68-D be passed. Mr. Summers second-
ed. Unanimously carried.
ADMi~ ISTP~ATIVE:
Consider Request .of Delray Dunes, ~nc. for Water Service:
City k.~nager stated we had a request from Delray ~anes, Inc.
to furnish wa=er in the area-located at the S. E. corner of
Military Trail and Golf Road, west of Boynton Beach.
After much discussion it was decided that if the Corporation
involved wanted to go through the expense of putting in the
line, the City would be pleased to furnish the water under
the established policy.
Mr. Gallo moved we furnish water to Delray Dunes, Inc. under
the established policy and rates. ~4r. Summers seconded.
Unanimo~sl~"carried.
Civil Service Resolution:
City Manager stated that he had received the Resolution chang-
ing the Civil Service Rules and Regulations and he needed
unanimous consent from the City Council to place it on the
Agenda.
Mr. Summers stated he had read the revised Civil Service
Rules & Regulations~ and he felt there were various inclusions
necessary regarding performance ratings for probationary
employees.
Much discussion followed.
Mr, SLummers moved that administratively some record must be
kept on probationary employees so that at the end of the six
month probation period, the City has some record of the
employees' qualifications. I~. Gallo seconded. Motion
failed 3-2, Mr. Nyl~.uD~d, Mr. Gallo and l*~yor Michael dissenting.
Mr. Nylund stated that due to the fact he was out of the City
he had not had an opportunity to study the revised rules.
It was therefore decided that this item would be placed on the
Workshop Session of June 17th.
Page No.7
MI~JTES
REGULAR CITY COUNCIL MEETING
JUNE 3, 1968
Consider Installing Traffic Flasher
UoS. ~1
Mr. Court-ney stated the request for traffic flashers was
made in an effort to lessen the traffic hazards at t~is loca-
tion. The State Road Department has approved this request
and the City plans to place over-head suspended flashers at
this intersection.
Mmyor Michael asked what the cost to the City would be to
install this traffic flasher.
Mr, Hopkins~ Public Works Director, advised that the approxi-
mate cost to the City would be $750~00 - approximately $550°00
for parts and laborfor the lights and approximately $200.00
for Florida P~,er & Light to energize.
~yor Michael stated that the City Counci! had prevmously
tried to get the median strip changed so the entrance would
be at Sterling Village but the State Road Department would
not permit this since it interferred with the flow of traffic~
but the installation of traffic flasher should alleviate some
of the problem.
Mt. Gallo moved the City approve the installation of this traffic
flasher and authorize the City Manager to go out for bids.
Mr. Nylund seconded. Unanimously carried.
Supplemental Aqreeqment - Russell &Axon~ Consultinq Enqineers
City ~anager stated that at the request of City Council, Russell
and Axon were asked to draw up a supplemental Agreement on a
comprehensive water and sewer study and the necessary expan-
sion of the Sewer Plant which has now been presented.
Mayor ~Michael questioned whether this Agreement was satis-
factory to the City. The City Manager stated that in his
opinion it was.
Mr. Gallo moved we enter into this Agreement with Russell and
Axon as presented, l~r. Collins seconded. Unanimously carried.
ReDlat of Village Royale - Relocating Utility Easement
City Clerk stated the developers of Village Royale have sub-
mitted a plat showing the re-location of the utility easement.
Mr. Summers moved the City approve the plat relocating the
Utility Easement. Mr. Gallo seconded. Unanimously carried.
Page NCo8
MINUTES
REGULAR CITY COUNCIL MEETING
JUNE 3, 1968
F~/tuat Aid Agreement - Police Department
City 2~2unager read the Mutual Aid Agreement as presented by
the insurance carrier.
~Wir. Gallo questioned whether there was a personal injury
liability clause included.
Mr. Alien~ the Insurance Agent, came forward to state this
agreement did not include a personal injury clause but one
c~uld be added.
Mr. Gallo made a motion that the City accept the Mutual Aid
Agreement, Since time was of the essence, with the stipula-
tion that a personal injury clause be included, b~, Collins
seconded. Unanimously carried.
~pproval of Bills:
City Clerk presented the following bills and stated they
had been checked by Finance and approved by the City Manager.
1o Russell & Axon, Consulting Engineers
Period: April 25-May 24,1968 $ 300.00
2. Miracle Equipment Co.
For: Kiddy Playground at Civic Ctr. $ 714.00
3. National Cash Register
For: Partial Payment on Contract
$1,743.00
Mr.Gallo moved we approve these bills for payment as pre-
sented. Mr. Summers seconded. Unanimously carried.
OTHER:
Budqet Review:
Mr. Cou~cney asked if the City Council could meet to discuss
the Budget in regard to wage increases for City employees,
and this they agreed to do, on Thursday, June 6, 1968 at
7:30 P.M. at which time, they will also meet with the Tabu-
lating Committee to discuss C.A.T.V. and other matters.
Ordinance 68-15 (lst Reading) Re: Sewer Connection Charges-
City 14anager read Ordinance 68-15 in its entirety.
Mx. Gallo moved we pass Ordinance 68-15 to second reading.
Mr. Nylund seconded. Motion passed 4-1, Mayor Michael dis-
senting.
Page No. 9
MINUTES
REGULAR CITY COUNCIL MEETING
_JUNE.3, 1968
There being no further business, Mr. Gallo made the motion
the meeting be adjourned. F~r. Sammers seconded. Unanimously
carried.
Meeting adjourned at 9:35 P.M.
· ' ael Vo' Michael, Mayo~
Giibe~ H. Collins
Mayor
:ouncilman
nard E. ~ylund, ~nciIman
Thomas A. Summers, Councilman
ATTEST: (~3~r s. ~sa~/Ci~erk
Page No.10