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Minutes 01-19-59~I~]~TES OF T?~ _.%EG-07~ ~TING OF ~ CITT CODNCIL OF BO¥~ON BW_ACH P~ELD IN CITY H^T,T, J~IU~Y 19th, 1959. Ja~es J. ~WL~honey, ~yor Jon~s B. B~ughman, Vice P~vor ~a~$er N~dsen, Cou~c~ ~n Harvey Oyer~ Counc~n ~urtin Du~kiu~ Counc~n P~nald J. Fr~da~ City ~tarney Tereesa Padgett, City Clerk Clive Cierpik, City Comptroller Jack Tuite, Fire Chief Eaynond Senkpiel, Chief of Police Dirck H. G~ootenboer, Supt. of Public ~Jorks ?~yor l~oney c~]~ed the meeting to order at 7:30 P.Mo with a welcome to t.he citizens Dresent and the announcement that the a@anda would be long. l~m. l*~honey also announced that the ?~_uisterial Association of Delray Beach have arranged for a member of the cler~ to attend each Heg~ i~eeting of ~ne City Council to give the invocation. ~ne Reverend Bruce Powell was introduced and gave the invocation~ I~L~. Tom Alston of the Ft. Lauderdale News was s~so introduced as their news representative. ~f~uutes of the P~]~_r meeting of the City Council held Janua-~y 5%h, !959 were read and a number of corrections and additions were ~ade by i@. ~kin smd M~. ~yero They are as follows: ~. Durkiu: "There are a n~ber of errors in the F=i~tes. On the f~--~st Vote for M~yor i voted for Y~. Baughman as I think l~Ir. 0yer did. However, I /ater moved tB~t }~. MahoneyWs election be made ~uanimous on the basis of ~y feel~-ng that t~here should be harmony on this Board. in regard to authorizing Mrs. Padgett and Mrs. Cierpik to enter the deposit bo~es at the %arious ba~]~s, I would l~ke that corrected. I ±,~n~- somebody else seconded that, even though it appears in -~.~ae resolu~ tion that~ I seconded it. I did state very positively several times and not once does it appear in the minutes that ! opposed the appointments of the vario~ Boards on the Er~ds %D~t the appointments were made ~-u violation of Sec~tio~ 19 of the C~ter and not on the gro-~uds tha.t I had any oppq~i~i~n to the~foers of those~ Boards. I further stated that I ~*asl notI 'c$nsulted ia ~ng any of the appointments to the Bo~ds and that Ee,~presents a.cert~ain segment of this co~mz~nity, evide~nced by +Jue fact tbh~ la received i035 votes in the election a year agO. i feel that ~ should have been cc~s~lted on the appointments to the various Boe~r~sj I ~ou!d like to haw t~hat also ~_ncludsd in t~he record that I did nb]j~ct to ~ose appoin~ents on the basis of the zact ths. t was no~. con~d at all~ never ~ffered the ~ppor~_uity of presenting one single~-~.me~ibr any board or for ~ny o£fice?~ ~ C~e~: ~I would like to ooiut out that my name ~s c~itt~ in ~_e lmst 0£ ~e ne~ c~ancf3_men be~_ug sw~n in. Also Lu regards to the appointments to the various Boa'-~ds, I cass a no vote to the majority of them a~ud I s~t&d my reasons at that ti~e as f~o Durkin has just explained. A section iU o~r City Charter pro~ides that the Boaa~ds be created hy 'i '~ "I ~4 ' ' -' -'- ' ~ wr_t~en reso~_u~o~s defmr~ the duhies of ~he Bo~rds. T~s ~s no~ acne. Also tk~re ~s no discussion with me as to the appointments %o thes~ Boards. and. i did ndt feel that ~t was Droperl for a faction of the City C,omcil to ~_~ke ~p~iUtmente_ ~ to these v~ri~us~ Boards wlt~hout consultation of the Coumeil as a ~hole. In regs~ds to the Fire Ohf~e'~ I voted no~ four to o~e vote. I did thio because these ~s a recommendation by ~ retiring Fire Chief who ~had served in t~t ca~city for ~5 ye~s, designing t~ ~ssist~nt F~e C~f for ~s position. I felt t~t in as ~ch as t~ 37 me~oers of the F~e ~nt ~d vot~ h~ in abide by ~e~ ~shes. I ~2~ t~e reference ~o my red, ks to ~. C~d~ ~d ~. P~t~u shoed be~correc~d. I stated that I ~d the ~est reg~d for those ~ntlemen ~ that ~n o-~ op~.~ons v~ied at t~es, i th~k ~ey b~ve rendered a did I ~tend any r~k to be derogato~. L~on a call for a motion to approve t2ae ~i~uutes Mro ~mr~i~ moved that f~ese ~i~ntes~ after the eorreotions and additions were made~ be rere~d at the nem~t regular meeting of the City Co~eil for approval. ~o ~ser seconded. Motion passed ur~nf~mously. ¥~yor ~h~uey stated that for the benefit of those present the recordings of the meeting of J~.~ry 5t.h had not been fo,aud and that there may very possibly be some corrections to the I~nutes of the continuod Reg~lsr ~etiog of the City C~mneil held January 6th 1959 were read and approved uns~mously with two corrections by I~ 0yet. One being ~t on tho application for a fruit stand on North Federal [lighway by I~. Robert Wo .~Lanmaker he had voted against the motion to reject it on the grounds that ~e felt that the licenso should be granted. Socondly~ taat ~. Baug_hm~n and not hLmself made the motion to appoint a board of volunteers for the pturpoee of F~rgingo the voting lists of the City. During the public half hour Mr. George B~rk~ardt~ 202 N. E. 16~m Avenne~ from the s~adience~ asked if l~r. Oyer o~med property ~n h~is name. M~. 0yer informed him that he did. 1~. Antone Gantner, 428 3rd AVeo~ also from the audience, complained of t~e condition of vacant lots adjoin~ his property. ~. M~.dsen stated that he would be glad to look into the matter. Mr. ~2. L. YanDevender~ 3165 East Atlsmtie Avenue, compla~aed of ~bbish in a vacemt lot adjacent his home. !~. George =~falsh~ 3180 East Atlantic Drive,complaiued about his next door neighbor, Yeager~ 3170 East Atlantic Drive~ not keeping up his property and a day r~rsery. The Mayor told ~. VanDevender tfaat the C~muc-ll w~ld look into it. A letter ~s road from Mr. Jas Mo Owens, Jr., the County Tax Assessor~ setting ~,he date at City Hall of February 18th from ! to ~ P.M. for filing Homestead Exemptions, A letter was read from the Association of kk~uicipalities a~mouncing a meetio~ to be held ~ursday Janus-~y 29th at 7:30 P.M. at the Legion ivi~ll~ Belle Glade~ F~±a. i~~. Oyer moved that any and all members o£ the City Co~mucil be authorized to attend this meeting at their discretion at City e~oer~e and thaz the City Attorney and. City Clerk at the ~yor~ discretion~ at City expense. !~L~. Baugh.m~m seconded. Motion passed ,~animously ~ T~o bids were read for truck eq'~ipment for ~e Water Deoartnaent and_ ~b~c Worms De~ent. PL~. ~ug~ moved ~t ~ey ~ red'erred to [~k'. ~rkin~ the F~e Deponent ~d the Supt. of ~ic ~orks, I~[ seconded, l~tion ~ssed uman~ous!y. iv~ zo~g~u.~ wo.s read ~9~ two ~c~_s of ...... z~ ~y ~-~orney ~s as~ec~ ~o-z'ea~wo p~bpS~d~o~s~~. -3- ~18 and #317. After hearing the ordi,~ances~ }~. }~dsen stated that tb~s section w~s growing so fast that he believed there sho~2d be further s'~dy on it and moved that it be returned to the Zoning and Pl~oming Boards. Ma~. Baugbms~ seconded. -Ti was brought out by -~'. 0yet and ~o ~arkin that there ~as no objection to 0rdir~uce #317 s~ud that it ~d been _massed on the f~--~st reading at the last ragu/ar meetin~o A ~. Smith~ from the audience, stated that he was one of the ones ~j~ojecting no Ordinance #318 but that there ~eas no objecti~n..to 0rdinanee #317 s~ '~that he w~ld encourage passing it. Upon a call zor a vote the motion passed, M~. ~rkin and i~r. Oyer voting no. ~. 0yer said that he would like the record to sho~ that his rems~ks were expressed in favor of #~l? and not of #318. A letter was read from George & Ann Jenkings asking for a vs~ce to the Ordinance limiting %he erection of service stations° }Ir. Durkin moved that this matter be referred to the Plan~ing Board. M~. M~dsen seconded ~ After some discussion the motion was voted dow~ t&ree to one~ }L~. Bau~,~n~ ~. Oyer and I~yor M~Jaoney voting no. FL~. M~dsen absta~g, t~r. Baughman then moved that the request be approved. ~o 0yet seconded. Motion carried, ~@. ~mr~ voting no. A letter requesting a chsnage in zo ,ning ~s read frcam Joseph C. Bates. M~o Baugl~_ moved that this be ~-~rned over to the Plannir~ ~ud Zoning Boards~ Mr. ~dsen seconded. Motion carried, unsmimously. A re~mest for rezoning was read from F~ymoz~ Dumond regarding property on N. ~f. 2nd ~ve, and N. Wo 7th Ct. M~~. }~dsen moved that this be ~rned over to the Placating and Zoning Boards. t~. Baughms:a secor~dedo 1,~tion passed unanJ~ously. ! letter rsquest~Lug rezoning of property on N. W. ~ud avenue from Dorothy So Eu'~ was read. ~. }~dsen moved that this be turned over to the Plarming en~ Zc~ir~ Boards, Mr° Baughms~ seconded. Motion passed -~an~nously. ~. Leo~rd Washburn appeared before the Conncil requesting per-mission to move three houses located on the Fo E. C. tracks and c~.med by the Florida East Coast Railroad to colored ~own. ?~. 0~er moved that ~his matter be referred to the Building Inspector and Firs ~_01ef for ~r~itten reports to bs s~bmitted at the next meeting of the Con_ucil. ?~'. !~dsen seconded, Motion .massed ur~mLmouslyo -~. Fz'ed Eoepnick introduced to the Council a I~. Bill Boswortla who taJ2~ked ~o the Co~ancil ~m~h rezerence ~o Aerm~_l Phovog?aohmc M~pp~g Sera, ice, ~,£aioh he felt wo-si[d be benefi~is_~ to tbs Cit o ~'~] M~dsen moved that the ~onmc~ take this %under advisemen% Mr° Baughman seconded. Motion passed unanLmously. ~, latter was read from Boynton Beach Junior High School requesting the City to level the lsa%d lying north of the school to N. W. Eighth Avenu. e so that an athletic field can be developed. ~. 0yet moved and i~. i,kdssn seconded that the S~apt. of Pablic Works be f-ust~acted to do this ~aen he finds the time. ~,~tion passed uD~r~imon, sly. A letter ~s read from the Trms~ss of the First Pres~yt~ria~ C~r~rch of ~to~ ~ach re~est~ the ~_ty to pa~e point where the present ~vemen2 tem~ates~ wes~d~ to the corner of S. W. ~ St. P~. l'%.dsen moved ~d ~. ~'~,n seconded t~t ~is road ~ put ~ ~der the spec~icatio~ of ~nce ~$. Motion ~ssed, Pk-. Mzdsen moved t~t the $~t. 0f Pablic works p~e a cost sst~ ~d tD~n notify N~. H~ies ~ ~.~. l~rrison ~ to %he cost. ~r~. ~,~n seconded. ~tion passed A !ett~r was read from the Forest Park School Parent Teachers Association requesting ti~ Supt. of Pmblic Works to see to the hassling and spreading of marl for a play e_~ea for the school. [~, Oyer moved the Supt, of Public Works be authorized to proceed according to ~s letter at the Forest Park School~ as soon as he could find the ti~e~ ~. Ba~aan seconded. Motion passed un~,~mously~ Letter w~s read from the Chsmber of Cammerce Beautification Committee~ asking for moral and legal support in their campaign to clean up R~te M~o Ba~r~u moved +~hat a letter be sent to the C~mf0er of Commerce giving them the Co~-ucil's support. I~. M~dsen seconded. Motion passed~ unar~mously. A letter was read from the Advisory Board regarding their orga~-iza- tic,hal meeting, Another letter was read from the Advisory Board regarding the problem of protection at railroad crossings v£nich was referred to them at the last meeting of the City Council. They recommended that since it woo--~d take some time for effective protection to be ins~alled~ tb~.t the City C~ncit place a sah~ool police officer at N. Es 15+Jrt Avenu% during the times of picking up and re~nir~ ch~d~en to the area by school b~zs. ~ne Bos~d f~ther recommended that conferences be held with school author!ties with the ~.ght of relocating ~he pickmp station west of ~e F. E. C. Railroad crossing, at N. E. 15th and N. E. 22nd Ave. i~M. ~in moved that the recommendatiom~s of the Ad~--isory Board be ~rned over to the Chief of Police for appropriate action, ~h% Oyer seconded, l~[otion passed A petition ~s read from residents of Seacrest Estates, representing parents of 9~ school ~hi!~dren requestir~g the City have a sidew~_k con- struct~d from Seacrest Estates to the Delray Beac~h City l~ts. ~. Durkin m~zed t~t this matter be ~,mrned over to the Supt. of Pmblic ~gorks and to -~'~. ~,~dsen for them zo bring a report back to the City Council of their findim~s and also zo bring back an estimaEe of cost. ~. Oyer seconded the motion~ which passed um~ud~ouslyo A letter was read from Ho A. Hosrmann~ of Seacrest Estates requesting the C~mcil to look into the matter of street li~nt~_ug for that area. After discnssion it was decided that ~. 0yer would facilitate the fo=ming of a committee to ~e reco.~nn, endations in regards to street lighting. -~@. C~yer ~moumced to the audience that he would appreciate s~uy volunteers. A letter ~s read from ~,~o C~o F. Lynch, of Lake Boo, ton Estates~ inc~ regarding the sewer plans for Lake Boyn.~on Estates~ Inc~ Mrs. Padgett was ~-ustz~cted to ~ite to ~nssell & Axon and ask them to supply four additio~] copies of tlme plans for the Council to s~h~dy. A letter ~ras read from the Voter -~eg±stration P~vision Committee to the effect that in checking 900 voter names they found t~hat over 50% of the _names on the voting lists were questionable ~_ud improper and recommended to the 8ouncil that a re-registration be held to correct this condition. Upon a request by Mr. [kyer~ a -~ritten opinion of City Attorney~ ~onald Jo Fz~ada~ was read in which he said that in his oDd-ion it is la~t! and in the best interest of sill concerned to hold a re-re~-stration~ Mr. Ba~ao~a moved that on the basis of Mr. ~'s letter that are-registration be held of e21 -~ae voters of the City of Boynton Beach. M~. F~dsen seconded. Upon the reco~endation of ~4ro Oyer~ Ygo ~angkman ~ended his motion to read: i move that we have a re-registration of ~]] the voters of Bop~ton Beach~ that the books be kept open ~til the five-day period before the ne~cb election~ that it be advertised in o~ local pa~r at lease once every month until the ne~ eleetion~ the print to be two col- -~umns wide hy four inches in heigth, tfuat ~ ~J~e~s be placed on the waner bills~ that a notice be posted in the lobby of the City ~l to be kept there at ~ times~ that all registration books remain in the City- H~]U. %ne motion passed unar~imously. }~yor !~honey aske~ the Co~-ucil to au~Jaorize the Board of Registra- tion~ consisting of ~s. Paul Startzman~ >~s. L~ise Lefort, ~s. George ~tc~, ~s. ~ae~ ~u~, l~s. W~r !~dsen~ ~d l~s. Wit~ D~ to se~e as Deputy City Cle~s o~y for ~e ~pose of re-registration of voters, l~. ~dsen moved that they ~ so appointed. ~. Bs:~g~an seconded. ~[otion passed ~ously. A letter ~ms read from Sherril 5 Blantell. -%~. Oyer moved this letter be turned over to the City Attorney. Mr. ~.dsen seconded. Motion passed ~uanimously. Under iegal~ a claim of lien ~th J. ?~ichard Ogden~ Jr.~ as Lienor, was read s_nd turned over tb~ne City Attorney~ ~r_ affidavit from Clarence T. JoDnason, Jr. ~as read. No action ~%s required. !~. Fruda info~med the Council that relative to the escrow agreement w~nich the Co~uucil had asked him to look into at the last meeting that he had contacted ~. Johnston, Couuty Attorney. ~3. Johnston had told ~ that the agreem~ent would have to be negotiated by the Co~uty an& the Ci~y as to ~?no wo~sld o~n the bridge s~ud who won~d maints~._n it. ifter discussion it was moved by ~@. ~kin~ seconded ~ ~&~. -~.dsen that ~L~. Fruda contact ~. Johnston and other neceessn~y ~ties in t~e Couuty and negotiate on the basis that the County ~_ll take over the bridge upon its completion~ o-~n it and. maintain it from tb~t time o~m. The motion passed ~3nanim~qs!y. Mr. Fruda reported back to the Co.ucCel on a letter referred to B~n asking for permission for door to door soliciting. He s~ted that the ~d~ance now ~ the C~ter wo~d not stand up ~ Co~t ~t k~o~d be declared discr~r~to~ smd ~consti~tio~. How~ver~ ~ Ord~ce co~d ~ er~ct~ ~ the Co~c~ decl~ do~ to door so. cites to ~ a ~ance ~d ~ere~ the C~cil co,id el~te this. ~ pointed ~t~ h~ever~ that this w~d ~s0 ~event locs~ ~as~ess men from solici~ti~ of ~y k~d. !~. ~r pointed out ~e fact ~t ~ most cases~ wilb. the ~nce now on tlme books~ the solicitor wo~d seek ~ee~r ~st~ss ~ter fin~ ~t ~e cost of the lic~nse~ M~. ~ada cautioned the Co~c~ that if someone st~t~ door to do~ soliciting ~ithout a lite. e, d~f~ the City ~dL~ce~ ~d was ~ested ~d ~t in j~, the City wo'~d ~ ~ a ~d spot~ ~ the ~n decided to fi~t the- case. It we'~d ~ a Civ~ ~t ~or a f~se ~rest. ~b. ~k~ moved t~t the ~tter be laid on ~e table for ~ther oo~iderat~n at the ~ meetly. }~ ~dsen seconded. Motion pass~ ~ously. 1~~, Fruda read ~-n ordinance he ~had dra~m up for a $500 exemption to k~dows and disabled persor~. I~. ~yer moved the adoption for the first reading of Ordirmnce #317. Fa. )~dsen seconded. Motion passed unanimously. ~s. Padgett asked permission of the Council to refumd a duplicate license issued ~o Geo. C'~lverhouse~ G. T. C. Constr~ction Co. ~. Oyer moved t~t it b~ refunded~ M~. D~_~kin seconded. Motion passed ~m~_uimoe. sly. P~garding a used car license application by M~?o Row!es~ after much dis~ssion~ pro and con~ ~ir. ~yer moved +~hat the license be granted fo~ a used car lot not to exceed l0 cars at one t~e~ al! cars to be in ru~uing shape. ~aere ~as no second. The motion died. It was disclosed that i~'h~. Stanley Weaver had resigned as Civil Defense Director. ~. ,Ba~g?~nan said tb~t he hsd had sever~ reconm~_endations given to hlm~ and he suf0~itt~d the r~nne of Jerome Lintzen~Lck vs the ~yor fo-~ appointment of Civil Defense Director. ~ae l~.yor thereupon appointed ~o Lintzenick as Civil Defense Director. In reference to the increase in the Bond now held by t2~e City Trea~-~er and City Tax Collector which has been set at $10,000 ear2a, Mr. M~dsen moved t~t the bond be increased to $25~000 each. ~h~. Baughman seconded. Motion passed ~naanimously. The matter of a colored recreation center was tabled to be brought up at ~2ae next meeting for some defi~ te action. k letter of reco~,mmendations ~cas read from the Civil Service Board regarding election of members to the Board and organizational matters. _~ter discussion ~. D~rkin moved that ti~,s matter be tabled until the next regular meeting and ths. t the present Board continue to ~muction ruutil such time as the recozm~endations are decided upon° ?ne miz~.tes of the former meet~ of the Civil ~ervice Board were read for the record and info--rich of the City Council. A recon~mendation that pay raises for City- employees be automatic ~s tabled. -7- A bid w~s read from Executone ~ommua~ication System ~or additional microohones and ~isceTl~ueous equipment to the Pmblie Address System in the 0o,aascil Chamber~ for ~/~13.60. Mr. M~dssn moved that this equi_~nent be bought frc~a Executone for $412.60. I~r. BaugDa~an seconded, passed ~ r~mousiy. ~. P~rkiu moved that the i~,~yor and City Clerk ~ authorized %o sign the plat of Smma~y Side Estates. l~k~. 0yet seconded. Motion passed unar~mously. Regardin~ a plat submitted by ~ey Field Co~ for ~oliing Green Ridge, Secand Addition, it ~s decided to table this until the Coomcil had time to study it. All Councilmen agreed to meet at the City H~I! at 3:00 o'clock Saturday afternoon Janizary 2/+th to go over this and ether matters needing their deliberation. In regard to t~ ~ding ~spector app!ications~ Mr. P~,dsen moved that the present acting Building Inspector~ ~rold ~ehette~ -be made permanent Bu~ildi~g Inspector. i~. Durkin seconded. Motion carried Letv~s of resignation from James Irw~a and Pat M. ,¥~r~ny~ Police- men, were read and accepted~ A letter was read from St. ~ks Elementary School asking that a policeman be assigned for the protection of the children crossing Federal High~ay. ~ais letter was brought up at the Executive Meeting Ja~s~ry 12th and trmned over to the Chief of Police. ~hief of Police Se~2~piel reported that he had placed the necessary signs on Federal H~ighway~ a school ~satrolman was on duty ar~ ~Z~t he had sent a letter to the State Highway Department to mark the pavement for a crossing. The Chief of Police asked fo~ permission to dispose of 5wo jumk automobiles in the yard at tAe rear of the Police Station. Mr. M~dsen moved tS~t the Chief cf Police have permission to dispose of these ju~ cs~s. P~. Baugb~man seconded. ~fotion passed. It ~s ar~uov~vaced that i~k~. Gene Hlaltgren~ after passing ,~,he Civil Service Exa~ation~ had been hired as a Police officer a~ud t~t Robert Neito ,had been hired o~:-a temporary basis. The Chief of Police ~.s given permission to dispose of one 800/15 t%~beless tire, in ~£natever way he sees fit, t~ning whatever profits he receives over to the City. Chief Serdcpiel recommended that the Council set a new speed !i_~it from the North City L~.~,ts to 200 ft. north of N~ E. 15th Ave. of ~5 mph and from a point 200 ft. north of N. E. 15th Ave° to So E. 2~ud Ave. of 25 mph. I~L~. 0~r felt that this should be tabled for ~+~her discussion~ however~ i~k~. Durk~-u moved t~hat these changes as rec~ended by the O~ief of Police be turned over zo the City Atterney and that the Ord~uance on speed be a~uended %o tS~s effect. Mr. ~,dsen seconded. Motion passed four to one, ~@. ~hyer voting no and stating that ~esent speed li~..~ts had just been established in the last few months by ordinance mud that Lantana had presently been having difficulties with 8he State Road Department in rege~xis vo speed limits being posted ~too low, }&~ Madsen subr~itted the figures on repaying N. W. 6th St. fro~ Ocean Aven~e to 2nd Avenue. '_The cost was ¢3¢274.00 as submitted ~ the ~pt. of Public ~¢orks. This ~s the 3ost under the new s~cifieatio~¢.¢ A letter was read from the Couuty Carting Oc~pany requestS_~ that he be allowed to use the City D~mup. This had been referred to Mr. Oyer and he szid that it was just a matter of decision of the Co~mucil, ~zt that if the C¢~ucil did approve it that it should be on & bssis on & or~ week cancellation by the City. Mr. ~o-~kin moved that the Council approve this request for a period of two months based ~t ~25.00 per · ~ek with a one week cancellation clause, to be 14wtted to 2 or ~ loads per day. Mtn >~adsen seconded. Motion passed ~auimous!y. The Ci~£ Attorney was instz~cted to draw up a contract for Mr~ .Mareno of the County Carti~ Co., to sign° it was moved by 1~. D~rkin¢ seconded by i~. Madsen that the matter of heating the reom in which the Advisory Board mee~s be left up to the Advisory Bosrd, the City Cler~ and the ~yOro Motion passed ~uoanimously. The meeting was adjourned at 1:20 A.I~i. == e~nnary 20th~ with an smmo~uce&uent by the M~ayer that the Co'~aei% would meet at ~:00 P.~. Sa~day afternoon Januaa-~ 2~t~h at the City Hall. C~muci