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Minutes 12-03-69REGULAR ~ETING OF THE CITY COUNCIL HELD IN COUNCIL CHAMBERS, BOYNTON BEACH FLORIDA ON DECE~ER 3, 1969. (Postponed from December 1~ 1969) PRESENT: Mayor, Vincent J. Gallo, Sr. Thomas A. Summers, Vice Mayor Gilbert Collins, Comncilman Michael V. Michael, Councilman Leonard E. Nylund, Councilman Gene Moore, City Attorney G~ady W. Co~tney~ City Manager City Clerk, Tereesa Padgett Meeting called to order by Mayor Gallo at 7:30 P.M. Invocation was given by City Manager, Grady Court-ney; Flag Salute was led by Council- man Collins · Introdu.c.tio.n of Guests Mr. Robert Beyrer was recognized as representing Sterling Village. Mr. Thomas O.o Monroe, President of Palm Beach Leisurevilte Residents Association was int-~oduced and recognized. MIN~dTES - Regular Meeting, Nov. 17 & Special Meetinq, Nov. 19, 1969. Mr. Nylund moved that Minutes of Regular Meeting of November 17, 1969 be accepted as ~fritten. Seconded by ~vn~. Collins and motion carried 5-0. ~i~. Summers moved that the Minutes of Special Meeting of November 19th be accepted as written. Seconded by M~. Nylund and motion carried 5-0. CANVASSING ELECTION RETURNS Mrs. Mildred Hallier, Clerk of the North Precinct read the returns of the North Preoinct and in the absence of Mrs. Lizzetta Ter~esen~ Mrs. Padgett read the returns from the South Precinct and then read the totals of the two precincts. Copies of subject reports are attached and made a part of these minutes. Mr. Nylund moved that the returns be accepted as received. Motion sec- onded by Mr. Sum~aers and motion carried 5-0. Mayor Gallo recognized the two newly elected council members. Mr. Forrest Wallace will be Vice Mayor in 1970 and Mayor in 1971, and Mrs. Emily Jackson who received honor of being first lady council member elected to office in Boynton Beach. PUBLIC AUDIENCE Robert Beyrer of Sterling Village - The people voted on referendum to acquire beach property. This was ay least a 3-1 vote which represents a mandate. The people of the town have the welfare of the City at heart. An option on property available should be voted tonight and seek Federal grant to pay for it. LEGAL O~dinances - 2nd Reading No. 69-40 - rezoning Caldos parcel from R-1AA to R-3A -1- MINUTES REGULAR CITY COUNCIL MEETING ~DECEMBER $~ 1969 M~. Nylund moved the request fo~ above parcel be granted. Mr. Summers and motion cam~ied 5-1. Mr, Michael voted No~ abstained. Seconded by Mr. Collins No. 69-41 - rezoning Caldos parcel from R-3A to C-t Mr. Summers moved that O~dinance 69-41 be passed on second reading. Motion seconded by Mr. Nylund and motion carried 3-1. Mr. Michael voted no; Ym. Collins abstained. Qrdinances - 1st Reading No. 69-39 - Control of Cats (On the table) Mayor Gallo read from two communications he had received of individuals objeeting to cats not being registered. Complaints were made by J_~di- viduais (not identifying themselves) relative to eating birds and up- setting bird haths~ etc. and about cats running loose endangering individuals from getting rabies. Dr. Manthey asked how many do you know that ever had rabies as result of being bitten by cat. (He explained dogs can t~ansmit to humans.) The~e was no official action on this item. Resolutions No. 69-JJ - Amending Resolution 64-FF Mm. Summers moved that Resolution No. 69-JJ be accepted. Motion sec- onded by Mr. Nylund and motion carried 5-0. Qther Presentation of Contract for Garbage and I~ash Pick-up. Mayor Gallo announced that in lieu of election returns he would like to see bids rejected and city remain in gamboge business. P~. Michael moved the Cont-~act for Garbage and T~ash item be removed from Table. Motion seconded by ~. Collins. Motion carried 5-0. Mr. Summers moved that the propsed contuact for garbage and t-~-ash pickup be denied and the bid bond be returned to the o%~ner and send contract back to bidder as rejected and that the city retain the service of col- lecting garbage and t-~ash. Motion seconded by Mr. Nylund and motion carried 5-0. Mr. Michael moved that the City Manager be instructed to reactivate his file on the City's proposal of modernizir~ the equipment beeatL~e the city is in dire need of ne%~ equipment. Motion seconded by Mr. Collins and motion carmied 5-0. Receipt of right-of-way Deed - Clyde Worrel! City Attorney advised deed had not been received. Mm. Michael moved to -2- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 3, 1969 table this item; seconded by Mm. Nytund and motion carried 5-0. oM BUS .nmss, City Attonrey Gene Moore reported that he had received a Circuit Coumt order authorizing interest rate on storm drainage bonds without nec- essity of filing additional validating proceedings. NEW BUSINESS None ADMINISTRATIVE Consider request for abatement of 1969 taxes. Mm. Summers moved that the request for abatement of taxes by J. Willard and Jean Pipes be granted in that it was a duplicate bill sent in error. Motion seconded by Mr. Ny!und and motion carried 5-0. Consider applications for permit to solicit A. Heart Association of Palm Beach County B. Palm Beach County Chapter - National Foundation of March of Dimes Mm. Michael moved that the above applications be approved. Motion sec- onded by Mr. Summers and motion carried 5-0. ~UBLIC HEARING Parcel 1: Condev Corporation request Easterly 370 ft. (approx) running parrallel to PECRail~my from R-2 to R-3A; balance of parcel from R-1AA to R-3A Address: 3200-3330 S. Seacrest Blvd. b~yor Gallo requested legal interpretation from City Attorney regarding the postponement of December !st meeting. Mr. Moore replied that a legal technicality does exist. However: if the application is rejected in all probability the o~tcome would be moot. Mr. Hollingsworth, attorney ~or Condev Corporation and Walter Dutch, realtor appeared and showed maps of their plan to build on 52 acres at 3200-3350 S. Seacrest. Their request for multiple family units was objected by the following: Margaret Hertz, 114 S.E. 35th Ave. - objected to this because she felt a serious problem already exists about the water pressure. She wanted to know who owned this and who were members of the corporation.'-Mr. Dutch and Mr. Hollings%~rth~ attorney denied o~a~ing any portion. -3- MINUTES REGULAR CITY COUNCIL MEET/cNG DECEMBER 3: 1969 Forrest Wallace: 2830 S.W. 9th Street - Monday night, at the meeting that wasn't~a man asked a specific question. ~Who owns the Condor Corporation? ~' City Planner from Palm Beach has not been /n this area before. Was he here for his o~,a~ interes~ Plannin§ & Zoning Board voted this issue down. Many questions have been asked that have not been answered. Mr. Michael then read into the record the t-~anscrlp~ made at the Dec. 1st meeting hy Pi~. James H. Boyd~ 3020 Pine Tmee Lane~ who asked that he be heard because he would be out of town ~6r the Dec. 3rd meeting. ~I am opposed to this petition for rezoning in the south end which has been a subject of considerable discussion since the meeting a week ago. I asked ~£no the officers are and where they live. I ~uld tilde to have that made a mat~cer o~ record. I received an evasive answer. I was told that was all I needed to know. I am not satisfied with ~hat. I would like to add to my cormnents that I came to this meeting and expected a meeting. I will not be able to be here Wednesday night because I will be in Chicago and I want an answer to the question I posed again this evening. ~ P~r. Hollingsworth said he did not know who the o%,naers of the Corporation are but information is available in the Secretary of State's Office. ~ir. Richard Heitmann presented a petition with over 500 names of people who are against this request and a supplement of 27 names. He requested this be made a part of the record. Robert Boy,em asked that all of those opposed stand and practically the entire audience stood. Eugene Schwerin gave his objections after reading letter fr~m Condev about the traffic on Seac~est~ etc. Mayor Gallo read a letter from Virginia Coopem approving the rezoning. City Clerk read letter from Jessie Richstein objecting to change. ~. Michael moved that the request by Condor for rezoning be denied. Motion seconded by Mr. Summers and mot-ion carried 5-0. Parcel 2: Gwendolyn ~loney Request From R-S to C-1 Address: 111~ N. Fed. Hwy Since no one was present, Mr. Michael suggested the request be denied. Motion seconded by ~. Collins and motion carried 5-0. (Planning & Zoning Board tabled request because no one was present.) -4- MINUTES REGULAR CITY COUNCIL ~ETING DECE~,fBER 3: 19B9 Parcel 3: Caldos Properties (Palm Beach Leisureville) From R-1AA with Special Exceptions to R-3A (Par.U-l) Engineer for Caldos presented the request for zoning change. Mayor Gallo called a 5 minute intermission so the final map could be located. After intermission~ l~. Nylund moved the request be granted as recom- mended by Planning & Zoning Board. Motion seconded by ~. Summers and motion carried 3-1. ~. Michael voted No; Mr. Collins abstained. ADMINISTRATIVE - Continued ~iscuss proposed Sign Ordinance Mr. LePorte, 725 Ocean Inlet Drive stated he started on this sign Ord- inance several months ago when he learned every sign in city was in violation of the code. He referred to Building Board's proposed ordin- ance %~Duld permit Collins to leave his signs up for another year and they've already been up 8 months. He felt the other ordinance %~uld be alright if it was lived up to. Layton Timm, 118 S.E. 8th Avenue - Referred to 3 classifications. In essence he felt any sign over 16 sq. ft. should be erected by a con- tractor licensed for erecting signs. He ~ecommended the West Palm Beach Ordinance. Pk. Summers moved that City Attorney draw up sign ordinance as recom- mended by Building Department. Seconded by Mr. Collins. Motion ~-1. Mr. Michael voted No. Reconsider st-~eet paving bids Reference to street paving bids~ the City Manager recommended the bids be renegotiated because new bids will be even higher. Mr. Summers moved that City l~nager~s recommendation be accepted to negotiate with Rubin Construction and renegotitate his bid~ in accordance with letter from Rubin Construction Company dated September 1t, 1969. Motion carried 5-0. Consider authorizing engineer's study for storm drainage North of BoyntonCanal. ~otion by Mr. Michael to leave this item on table. Nylund and motion carried 5-0. Seconded by Mr. Consider request for fu%l pay for Officer Giordano. Recommendation from Chief of Police was that he receive full pay since he was injured while in the line of duty. Mr. Michael moved that Offi- cer Giordano be given full pay minus the amount he received from Work- men~s Compensation. ~.'~otion seconded by I~r. Summers and motion carried 5-0. -5- [~lt~UTES REGULAR CITY COUNCIL i~ETING DECEMBER 3: 1969 Approval of Bills lb. Summers moved that Palm Beach County be paid $2~297.68 for Traffic Light at Road 804. l~{otion seconded by M~. ~Lichael and motion carried 5-0. City ~nager was instructed to %.~ite the Executone Company and tell them the microphones are still not work might and if they want to be paid the $997.85 to get them corr-eeted. 14~. Courtney requested authority to transfe~ f~nds appropriated for purchase of motorcycle so it could be used to acquire additional gruise~ as reeommended by Chie~ ofJPolice. ~ Summers moved the request be granted. Seconded by Mr. Nylund and motion carried 5-0. ADJOUR~R~ENT Meeting adjoumned at 10:10 P.M. CITY OF BOYNTON BEACH Vincent J. Gatlo~ Sr,, Mayor ~ichael V~ " ~ Mmchaet ~ Coundilman City Clerk// " Le~Yna~ E · Nylund ~' d~cil~an -6- STATE OF FLORIDA ) COUNTY OF PALM BEA8H ) SS Citer OF BOYNTON BEACH ) TO THE HONORABLE MAYOR AND COUNCILMEN OF THE CITY OF BOYNTON BERCH~ FLORIDA: We, the undersigned Clerks of the General Election held on the 2nd day of December~ 1969 A.D. for the purpose of electing two (2) candidates for Council, do hereby certify that at such General Election the results were as follows: CANDIDATES North Velma A. Earley Vincent J. ~allo~ Sr. Emily M. Jackson ~,~ Forrest (Fess) Wallace South TOTAL ??r ? Question - Do you Favor the Acquisition of Additional Beach Property by the City of Boynton Beach? YES NO ABSENTEE SPOILED BALLOTS TOTAL VOTES CAST Cl~rkg, South Precinct Clerk~ North Precinct Sworn to and subscribed before me this ~----~-day of December~ 1969. Tereesa Padgett~/~ity Clerk STATE OF FLORIDA ) COUNTY OF P~LM BEACH ) SS CITY OF BOYNTON BEACH ) TO THE HONORABLE MAYOR AN[ COUNCILMEN OF THE CITY OF BOYNTO~T BEACH, FLORIDA: We~ the undersigned Clerk and Inspectors of the General Election held on the 2nd day o£ Decembers 1969~ A.D. for the purpose of electing two (2) candidates for Council~ do hereby certify that at such General Election~ the total votes cast au the South Precinct were: of which: Velma A. EarlDy Vincent J. Gallop Sr. Emily M. Jackson Forrest (Fess) Wallace Machines Absentee Total received ~ vo~es received ~g/ votes received ~/J~-- votes received / ~ vo~es Question - Do you favor the acquisition of additional beach property by the City of Boynton Beach? YES received ~J~ votes NO received ~ votes ABSENTEE Ballots Spoiled Ballots And wes such Clerk and Inspectors~ do make the foreqoinq as our return to you of the results of such General Election and we do declare the above and ~oregoing to be the result of the General Election in the South Precinct. Deputy I~e ~tor Inspector Inspector lnspector I~spector STATE OF FLORIDA COUNTY OP PALM BEACH ) SS CITY OF BOYNTON BEACH ) TO THE HONORABLE MAYOR AND COUNCILMEN OF THE CII~Y OF BOYNTON BEACH, FLORIDA: We~ the undersigned Clerk and Inspectors of the General Election held on the 2nd day of Deeember~ 1969~ A.D. for the purpose of electing two (2) candidates for Council~ do hereby certify that at such General Election~ the total votes cast at the North Precinct were: Machines Absentee Total of which: Velma A. Earley Vincent J. Gallop Sr. Emily M. Jackson Forrest (Fees) Wallace received /~ votes received ~ votes received ~y~ votes received votes Question - Do you favor the acquisition of additional beach property by the City of Boynton Beach? YES received j~/ votes NO received ~ ~ votes ABSENTEE BALLOTS Spoiled Ballots And we, such Clerk and Inspectors~ do make the foregoing as our re~urn to you of the results of such General Election and we do declare the above and foregoing to be the result of the General Election in the South Precinct. Deputy Insp~ ctor Inspector Inspector Clerk Inspector Inspector Inspector InspectOr