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Minutes 12-15-69MINUTES OF REGULAR MEETING OF CITY COUdqCIL HELD IN CITY HALLs BOYNTON BEACH~ FLORIDA: ON MONDAY, DECEMBER 15, 1969 AT 7:30 P.M. PRESENT: Thomas A. Summers, Vice Mayor Gilbert Collins, Councilman Michael V. Michael, Councilman Leonard E. Nylund, Counc~man Gene Moore, City Attorney Grady W. Courtney, City M~r. Tereesa Padgett, City Clerk ABSENT: Vincent J. Gallo, S~.~ Mayor (In hospital) This meeting was called to order by Vice Mayor Summers at 7:30 P.M. Invocation by City Manager, Grady Courtney; Flag salute led by co~ncil- man Michael. Mr. Summers announced that Mayor Gallo had been taken to Bethesda Hospital earlier in the day, the nature of his illness still unknown. MIN-dTES -Regular Meeting, December 3, 1969 Mr. Nylund moved that the Minutes of the December Srd meeting be accepted a.s written$ seconded by Mr. Michael and motion carried 4-0. PUBLIC AUDIENCE. Robert Beyrer of Sterlin~ Village Senior Citizens wished Mayor Gallo a speedy recovery. He thanked Councilmen for their service in the past and felt that in the next 4-5 years the town will really profit through stabilized tax rate as a result of their service to the community. He thanked Mr. Courtney and congratulated the new council elect. Mr. Thomas Monroe, President of Palm Beach Leisurevtlte Association introduced two gentlemen from Leisureville. B,IDS OPENING Council met at 3:30 to open bids for Intracoastal Waterway Crossing at S.E. 15th Ave. Low bidder was Murphy Construction Co., West Palm Beach in the amount of $34:556.30. Mr. Michael moved that council accept recommendation of Tabulating Com- mittee and Russell & Axon, Engineers, and award bid to Murphy Construction Co. in the amount of $34,556.30. Motion seconded by Mr. Ny!und and motion carried 4-0. LEGAL Ordinanc~ 69-5~ - Control of Cats Left on the table (On the Table) MINGTES REGULAR COLhNCIL ¥~ETING DECEMBER 15 ~ 1969 Ordinance No. 69-43 - Sign Regulations City Attorney read Ordinance 69-43 - Sign O~dinance. FdBLIC HEARING 8:00 P.M. Consider zoning classification of the Oliver Land Corporation parcel. Mr. Ed- Duffy, Jr.: appeared on behalf of Mr. Leonard Father who desires to construct a ~Fashion Squarei~ shopping center on 107 acres of a 216 acrea tract he wants to annex to the City to be zoned C-2. He desires to build high rise units on other land. Considerable discussion was had resulting in the decision that this portion of land be zoned R-5 inasmuch as new ordinance is not complete which might then designate a new zoning classification. Mrs. Jackson~ 728 N.E. 9th Ave. said she didn't know if she was for or against this but wanted to know about fire protection since they were talking about buildings that would require ladder equipment for 15 story buildings - Ordinance No. 69-42 - annexing the Oliver Land Corporation parcel was read by City Attorney: Gene Moore. There were no objectors to the request. b'Ir. Nytund moved to annex the 216 acre tract of the Oliver Land Corpora- tion with the stipulation that construction begin within three years or the zoning will revert back tx) highest zoning classification at that time. Motion seconded byMr. Michael and motion carried 4-0. Mr. Michael moved tbmt O~dinance 69-42 be passed on first reading~ sec- onded by Mr. Ny!und and motion carried 4-0. Ordinance No. 69-43 - continued Mr. Moore read Ordinance 69-45 before Public Hearing. Harry LeFort~asked to be heard and was gaveled down by Vice Mayor Summers. When he protested~ M~. Summers asked the Chief of Police to see that he ~eps quiet. Mr. Michael indicated thc reading of ordinance on first reading is a public hearing. ~. Nylund moved that Ordinance No. 69-43 he passed on first reading; seconded by Mr. Collins. Vice }~yor Summers ruled Mr. LeFort to be out of order and called for the vote. Motion carried 3-1; Mr. Michael voted No. O~dinance No. 69-44 - Rezonin~ Caldos Parcel Ordinance was read by City Attorney, rezoning Caldos Parcel ~-1 from -2- MIbTdTES REGULAR CITY COUNCIL MEETING DECE~,~BER 15 ~ 1969 R-1AA to R-SA. Motion by M~. Nylund that O~dinance No. 69-44 be passed on first reading~ Mr. Summers handed the gavel to Councilman Collins and asked him to take the chair so he could second the motion. Mr. Collins abstained; Mr. Michael voted No with Mr. Summers and. Mm. Nylund voting Yes. Resolutions Resolution No. 69-KK establishing'rates for Garbage & Trash pick-up was read by City Attorney. Mr. Michael moved that Resolution 69-Y,K be passed. Seconded by Mr. Nylund and motion cazTied 4-0. OTHER ~eceipt of right of %~y deed - Clyde %,~rrell (On the table) Michael moved that right of way deed - Clyde WorTel!~be removed from table~ seconded by Mr. Nylund and motion carried 4-0. Mr. Ny!und moved that right of way deed be accepted, seconded by Mr. Michael and motion carried 4-0. Legal ooinion on paragraph (1-~I) Sec. 1 o.f Res. 62AAA. After discussion re legal opinion on par. (M) Sec. 1 Res. 62AAA having to do with city employees accepting gifts during Christmas season~ Mr. Michael moved that Council not act on this matter. Seconded by Mm. Nyiund and motion carried 4-0. (It was felt that gifts could be accepted so long as they were reason- able and it was brought out that gift under $25.00 are not declarable on income tax. ) OLD. B~SINESS Report by ~ty Manager ~e equipment for Garbage & T~ash pick-up. Mr. Courtney reported on equipment ~or garbage g t~ash pick-up. Since Mr. Barry~ of Rowland T~uck Equipment Co. was in the audience and advised that their bid was only effective till January lst: and that since bid was made there had been two price increases on this equipment, it was felt that council and council-elect should go to towns where this equip- ment was in use and inspect it while in operation. It was felt by hold- over council that the new council should vote on this but in view of the large amount that could be saved~ it was agreed that perhaps a special meeting could be celled later in the ~onth after count/1 elect had time to check into this matte~ and familiarize themselves with the bids ~ etc. - 3 - MINUTES REGULAR CITY COUNCIL MEETING DECEt~BER 15, 1969 Mr. Forrest Wallace, council-elect said he felt Mm-. Courtney is familiar with all the ramifications of this program and he felt he s~%outd make~ the decision and recommendation with the understanding that the decision should be for the best interest of the City since there is an urgency in obtaining this equipment he felt the council should act if the bid is not flexible enough tm extend time a few days. Mr. Nylund moved that the garbage and trash pick,up be tabled pending information on equipment and the setting of special meeting date~ sec- onded by Mm. Michael and motion carried 4-0. Discuss proposed purchase of beach property. ICm. Nylund moved that proposalfor purchase of beach property be tabled; seconded by Mr. Collins and motion carried 4-0. City Attorney suggested County is going to purchase beach property and City might co-ordinate with County. Mrs. Jackson, council-elect~ suggested a meeting with Ocean Ridge %ould be in order. NEW BUSINESS Consider proposal to furnish utilities to: New Industrial Complex - ~. Frank Gulisano, developer requested per- mission ~o bring into the City an industrial complex whereby they could build for Dynamics Corp of America a $3,500,000 building which would necessitate entering into an agreement regarding the utilities. Me plained the proposed plans they have would employ about 1200 persons, and the plant would manufacture a small top secret instrument that would be taken to the moon. They propose to take a site south of Paddock Industries if they can be annexed to City. Mr. Michael moved that if they petition the City officially for annexa- tion that we would therefore enter into an agreement to provide necessary water and sanitary sewer system. Motion seconded by Mr. Ny!und and motioK carried 4-0. ~. Michael said, in his opinion, this is one of the best propositions the City of Boynton Beach has ever received. It will bring in a younger element to our community. If the City has to invest $34,000 it will be one of its best investments for now and for the future. Winfield parcel Mr. Michael moved that City Manager be instructed to contact Winfield interests and tell them the City will be agreeable to sitting down and discussing their plans. Motion seconded by ¥~-. Nylund and motion carried 4-0. -4 - MINUTES REGULAR CITY COUNCIL ~ETING DECEMBER 15:1969 ADMINISTRATIVE Consider requests for abatement of taxes: Lot 5, Block 8: %,~odc~est Manor in the amount of $192.29 assessed in error; and South Lodge Florist $92,19 assessed in error. Mr. Michael moved that the above mentioned abatements be granted. Mo- tionsecOnded by ~. Nylund and carried 4-0. Cgns. ider request of W. Howard Baker re use of firearms. Mr. Michael moved that the request of Mr. Baker to have a rifle and pistol test firing box in his place of business be granted. P~tion sec- onded by Mr. Nylund and motion carried 4-0. Consider proposal for engineer's study - Storm drainage North of Boynton Canal (On the table) Mr. Michael moved that~is be removed from table; seconded by Mr. Nylundand motion carried 4-0. Mr. Nylund moved that Mr. Courtney be. instructed to request Adair and Brady: Engineers~ to go ahead on the preliminary study for drainage pro- gram North o~ canal; seconded by ~,~. Collins. A representative of Russell ~ Axon appeared and said there was an exist- i~g contract with their firm but no one seemed to know details of this, Mr. Michael moved that this item be tabled after ~. Ny!und withdrew his motion and ~. Nylund seconded ~. Michael's motion. Motion carried 4-0. The City expressed apologies to ~. Adair and asked ~. Moore to check int~ the situation and come up with the facts and see where the City stands. Consider request of Caldos Properties, Inc. to release Bond on Section 2~ Leisureville. Mr. Nylund moved that the bend with the exception of $5,000 be released for Section 2~ of Leisureville. Motion seconded by Fro. Michael and motion carried 3 - 'for' and Mr. Collins abstained. Consider request of Arnold St~oshein & Frank Eartey for extension of N.E. 7th Avenue. Arnold Stroshein & Prank Earley appeared before council requesting ex- tention of N.E. 7th Avenue. Mr, Eartey~s residence under construction -5 - MINUTES REGULAR CITY COUNCIL ~ETI~G DECE~ER 15, 1969 is ready for roof and there is no street to property. I~. Keene who bought l~s. Thompson~s property also appeared before Council and urged something be done a bout streets in this area. The City Manager recommended that the City get shell rock to ~vm. Ear!ey's property and then work on the study. It %~s unofficially agreed to table this for further study and bring back to Council at a future date for official action. Consider request of Richard Lovins re hospitalization. Richard Lovins ~ a city employees appeared before council regarding his hospitalization bill. ~.~. Court-ney explained that personnel had made a mistake by not getting either acceptance or rejection for Mr. Lovins. Vice ~.~ayor Summers sta~ed he had checked with City Attorney and the City is not legally liable ~or this bill~ however, it was the feeling of the council that the city is morally obligated to pay that part which Blue Cross-Blue Shield would have paid had the coverage been in force and effect. Mr. Michael moved that the City pay the amount the Blue Cross-Blue Shield ~uld have paid had the records been in order and he instructed City Manager to take steps to see that this not occur again and someone later ~ind they are not covered when they think they are. Motion seconded by M~. Collins and motion carried 4-0. Request permission to go out ~or bid on Expansion of Se%,~er Plant. M~. Michael moved that the City Manager be authorized to go out for bids on the expansion of the sewer plant. Motion seconded by Mr. Nylund and motion carried 4-0. Consider budget amendment. Fm. Nylund moved to table budget amendment re traffic light. Motion seconded by ¥~. Collins and motion carried 4-0. .O~HE.R. Mr. Nylund moved, M~. Collins seconded that the City exchange days with city employees peITaitting them to work December 24th in exchange for closing Friday a~ter Christmas. Motion carried 4-0. APPROVAL OP BILLS City Clerk submitted bills as follows: MINUTES CITY COUNCIL ~v~ETING DECEMBER 15, 1969 Florida East Coast - Balance $4,000. BoyntonBch Chambem of Comme~ce 972. Kelley T~actor Co. - Balance 14~564. St. Regis Pape~ CO. - sCands 1~750. M~. Michael moved that above bills be paid. Seconded by Mr. Nylund and motion cam~ied 4-0. A DJOUPak~NT Meeting adjour~ned at 11:15 P.M. CITY OF BOYNTON BEACH, FLORIDA Michael V. Midhael, Councilman Lednard~E. N~lund, Co~ilman Tereesa Pa~t~: City Cl~rk - 7 -