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Minutes 09-29-70MINUTES OF REGULAR CITY COUNCIL MEETING HELD AT CITY HALL BOYNTON BEACH, FLORIDA, T~ESDAY, SEPTEMBER 29, 1970 at 7:30 P. M. ~.RESENT~ Thomas A. Summers, Mayor Fo.rrest L. Wallace, Vice Mayor Ifps. Emily Jackson, Councilwoman Michael V. Michael, Counci!m~n Leonard Nylund, Councilman C. Q. Jones, Jr., City Manager Gene Moore, City Attorney Mrs. Tereesa Padgett, City Clerk Mayor Summers called the meeting to order at 7:30 P. M. Vice Mayor Wallace led the Lord's Prayer. The Flag Salute was led by Lieut. Waters · ,Introduction of Guests and Civic Group representatives Robert Beyrer, Sterling Villa~e and United Boynton Civic League Former Mayor Frank McCoy Former Police Chief Gerald Thompson R. B. Vastine, Leisureville Homeowners President Norman Alexande~ Vice Pres ident Leisureville Homeowners Paul Zimme~man Regular City Council Meeting of September t4, 1970 Correction at page 6 - change ~Council~' to wCity~ re 1/3 assessment at bottom o~ page. Mrs. Jackson moved that nuinutes of September 14th be approved as cor- rected. Motion seconded by ~,~. Nylund and mot-ion carried 5-0. ?~BLIC. A~DENCE The City Manager requested tha~ extending contract of Derrico Co. be considered on Agenda under ADMINISTRA%~iVE. Mr. Michael moved that the City Manager's request be placed on Agenda, seconded by M_rs. Jackson and motion carried 5-0. ~Lr. Jones reported on the tax rate. He indicated the increase in property value assessment is accomplished by the County, and further, that the same millage of 9.68 will be adopted. He reviewed the cities of comparable size to Boynton in the County and all have higher rates. -1- I~IN~TE S REGULAR CITY COUNCIL P~ETING SEPTEh~BER 29~ 1970 PUBLIC AUDIENCE ~ cont'd. Thomas Canavan, Sterling Village - made inquiry on progress of pur- chasing ~each property. Robert Beyrer - complained about assessed valuations~ and stated the millage is very deceiving. Stanley Kahn~ GuLf Stream Marina - wanted to know why sign permits were being withheld. Mr. Jones~ City Manage~ stated there was a moratorium on signs~ and the City Attorney indicated he ~e!t this is legal~ and that he will sustain Mr. Jones position in this matter~ in view of the fact the new sign ordinance will soon ~e in force. Harry LeFort - Mr. LePort read from a newspaper article with regard to comments by the Mayor that M~. Beyrer had paid $65.00 in City taxes. He stated that PEr.' Beyrer did not pay $65.00 City tax in 1969; that his bill was only $10.99. Jimmy Mihori - requested refund of surety bond for Grimes Manufacturing Co.: inasmuch as everything seems to be in order in Lake Eden #2 S/D. }~. Michael moved that this be added to Agenda: and voted on later in the evening. Mrs. Jackson seconded the motion and motion ~arried 5-0. P~BLIC HEARING 8:00 P. M. Consider request ~o~ abandonment of 30' R/W - Aa. Sec. 29/45/43 Mr. Ermico Rossi spoke in favor of Caldos and no one spoks in opposition to the ~equest. Mr. Moo~e recommended that the request for abandonment of 50' R/W in Ac. See. 29/45/43 be tabled until such time as several pending items with Ca!d6s a~e cleared up. Mr. Michael moved that the Council follow recommendation of the City Attorney and table this item: seconded by M~. Wallace: and motion car- ried 5-0. LEGAL Ordinances - 2nd reading Ordinance No. 70-18 - granting conditional use - Lassiter parcel - was left on the table~ as recommended by City Attorney. Ordinance No. 70-25 - Annexing Congress Ave. Right-of-Way The City Attorney read Ordinance 70-25 by title only. Mr. Michael moved that Ordinance 70-25 be passed on second reading: seconded by Mrs. Jaclcson, and motion carried 5-0. MI~dTES REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 1970 LEGAL.., cent 'd. O~dinance No. 70-26 - setting millage rate for 1970 taxes The City Attorney read O~dinance 70-26 by title only re setting millage rate for 1970 taxes. ~. Rober~ Beyrer questioned items in the budget~ which the City Manager explained · Mr. Michael n~ved to pass O~dinance 70-26~ seconded by Mrs. Jackson and motion carried 5-0. O~dinance No. 70-27 - Rezoning Lots 20 and 21~ Block 1, Boynton Place The City Attorney read O~dinance 70-27 by title onty: rezoning Lot~ 20 and 21~ Block t~ Boynton Place ~rom R-1-A to R-2. Mr. Nylund moved that C~dinance 70-27 be passed on second r~ading: sec- onded by I~s. Jackson and motion carried 5-0. Ordinances - Ist reading O~dinanee NO. 70-28 - Anti-pornography Mr. ~.Liehael moved that Ordinance 70-28 re Anti-pornography be removed fr~m the table fo~ discussion. Motion seconded by ~i~s. Jackson and mo- tion carried 5-0. M~. ~ioore read O~dinanee 70-28 in its entirety. Pi~. Micbmel moved that Ordinance 70-28 be passed on first reading~ seconded by M~s. Jackson and motion carried 5-0. Ordinance No. 70-29 - Rezoninq parcel in Re. See. 27-45-43 ~ip. Michael moved that O~dinance 70-29 be tab!ed~ seconded by Mrs. Jack- son and motion carried 5-0. Other Consider change in Sec. 3-5(d) of Code re sale of alcoholic beverage on election days The City Attorney ~eviewed the ~aet that many to~ns have repealed the ordinance with reference to bars being oiosed on election day~ and indi- cated the State Legislature had voted to do away with this law. Moore read Opdinance No. 70-30 repealing Sec. 3-3(d) of the Code raining to closing bars on election days. Mr. Nylund moved that Ordinance 70-~0 be passed on first reading. Motion seeonded by Mr. Waliaee and motion carried 4-1. Mrs. Jackson voted MINGTES REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 1970 OLD BUSINESS Discuss flood insurance (left on the table) Request of Harmon Fretz for delayed retirement - left on the table Request of Voluntser Fire Dept~ to lease parcel of City-owned property Mr. %'~allaee moved to remove this item from the Agenda, so that this par- eel is included in the study that is underplay at this time on all City- owned property, seconded by Mr. Michael and motion ca,tied 5-0. ~W BUSINESS Request of Boynton Beach Jaycees to hold turkey shoot Mr. Michael moved that Jaycees request for turkey shoot October 17-18 be ~ranted: seconded by Mrs. Jackson and motion carried 5-0. Request for refund of surety bend -Grimes Manufacturing Co. Jimmy Mihori requested the refund of surety bond for Grimes Manufacturing Co., inasmuch as Supt. of Public Works had recommended it be released. Mr. Michael moved the release of the bond, subject to approval by Mr. Moore. Mr. Wallace seconded motion and motion carried 5-0. ADMINISTRATIVE I~st of Payments made in August Mr. Nylund moved ~o accept list of payments made ~-n August, seconded by Mr. Wallace and motion carried 5-0. Discuss meetings scheduled for election dates There was discussion with ~eqard to meetings scheduled on nights of elections. Fir. Jones will make recommendation on this Discuss antenna permits There was discussion with regard to antenna permits. No action taken. Approval of Bills Davis Meter and Supply Co. $ 1,850.80 Derrieo Construction Co. 40,4~7.80 ~ayes & Robinson Const. Co. (restrooms at Wilson Rec.) 3~624.86 Mr. Nylund moved the above bills be paid~ seconded by 1~. Wallace and motion carried 5-0. -4- MI~dTES REGULAR CITY COUNCIL MEETING SEPTEMBER 29:1970 Approval of Bills, cont~d. John L. Archie re Wilson restroom $ 471.00 Mr. Wallace moved the bill be paid from unappropriated surplus, seconded by Mr. Nylund and motion carried 5-0. Der~ico Const. Co, - re sanitary sewers in Golf View Harbor - $23:603.85 Overland construction 17:746.57 Mr. Michael moved the above bills be paid subject to approval of Harold Hopkins, Supt. of Public Works. Seconded by Mrs. Jackson and motion carried 5-0. The City Manager reviewed recommendation of Mr. Hopkins with regard to relocation of lines in the Golf View Harbor area, and requested authority to proceed and enter negotiations with Milnor Corp. Mr. Michael moved to accept City Manaqer's recommendation in conjuncTion with Supt. of Public Works Pecommendation. Motion seconded by ~Ir, Wa!- lace and motion carried 5-0. A DJOUP~NMENT Meeting adjourned aT 8:45 P. M. CITY OF BOYNTON BEACH, FLORIDA Thomas A. Summers, Mayor Forrest h. Wallace, Vice ~.~yor ATTEST: City Clerk Ny!und~ -5-