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Minutes 10-20-69MINUTES OF REGUk~R CiTY COUNCIL Y~ETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA ON OCTOBER 20, 1969 AT 7:50 P.M. Present: Vincent Jo Gallo~ Sr., Mayor Thomas ~. Summers~ Vice Mayor Gilbert H. Collins~ Councilman Michael V. Michael, Councilman Leonard E. Nylund, Councilman Gene ~ioore, City Attorney Tereesa Padgett,~ City Clerk This meeting was called to order at 7:50 P.M. by b~yor Gallo. Rev. Douglas Smith, United Presbyterian Church gave the Invocation; Flag Salute was led by Councilman Nylund. Mr. Beyrer, Sterling Village Senior Citizens, .was recognized by Mayor. MINUTES ReGu~--~Meet.inG~~~ - October 6,.1969 Minutes of the October 6, 1969 meeting were approved as presented by M~. M$chael, seconded by Mr. Nylund; carried 5-0. Motion BLZC AU% N E Mrs. Walter Jackson, 728 N.E. 9th Avenue appeared before Council in regard to conflict of interest law. She referred to newspaper quotations by Mayor during July and September. Since she had been out of town she wanted to know of the I~ayor if he had made these quotations. Mayor Gallo informed heD-~e was willing to have the law tested and in his opinion he didn't feel he ~md violated anything. She informed him that anyone running for council must present any other candidate with charges against them seven days before election, therefore she took this opportunity to serve notice she 9~uld present charges against Mr. Gallo. Rev. Lee, 407 N.W. llth Ave. appeared before council informing them he tried to get a resolution before them requesting that St.John~s Baptist Church ~e permitted to participate in obtaining public housing for the u~der privileged and those living in sub-standard living conditions in the NW section. He explained they wanted to request Federal Government to finance through FHA and re~ subsidies. It was agreed that council would meet with Rev. Lee and their attorneys and the ~y~r ~ld contact the FHA office inMiami. BIDS - OPENING 7:45 P.M. One (1) 1970 Police Cruiser -Fire Chief Four (4) 1970 Police Cruisers - Bids were police cruisers and fi~e chief's car. called fo~ at 7:45 P.M. for 4 Mr. Michael moved that bids for above items be closed. Motion seconded by Mr. Nylund and motion carried 5-0. PUBLIC ~UDIENCE - Continued William Edeli of O~ean Ridge asked if he could be present when the City -1- MINHTES REGULAR CITY COUNCIL F~ETING OCTOBER 20, 1969 holds meeting with Rev. Lee and' his attorneys. Eddie Mitchell, 329 N .E. 12th Ave ,, thanked council for what they have dona to get 10th Avenue paved but called to their attention this patch job was not what they wanted. After a big rain it was full of holes again. Mayor Gallo suggested Mm. Mitehe!lls group contact the county commission for further action. Mr. Mitchell also requested street improvement in areas which councilman have jurisdiction also need immediate attention. He also expressed concern over garbage pickup being considered now by private concern rather%~than city and wanted to be sure the men did not lose their jobs, Mr. Beyrer, Sterling Village Senior Citizens stated he felt the sooner the opponents of Leisureville drop all the bad publiaity the better the town will be. He commended the council for their unti~ing efforts. Mr. George Coward, Barrow, Attorney representing Barksdale Estate in refer~ ence to land at NW 2nd Ave. and proposed 1-95 inter-change, stated they wanted to rent this property to an oil company. He felt sometimes Ordin- ances fail to accomplish purpose they are intended for. He made reference to Ordinance 69-29, amending zoning code re service stations. Harry LeForte~ 725 Ocean iL'.D~, inquired about the sign ordinance and minded council of their oath of office. Fred Hollingsworth, attorney for residents in Las Palmas Park and Lakeside Harbor appeared in regard to a permit recently issued for boat storage facilities. On July 15th 1969 at 2280 N. Federal permit was issued and property on which it is being censt~ucted is zoned R-3. The 1963 applica- tion was made for conditional use. O~dinance 63-23 granting conditional use under Section 1~ Lot 6~ Sam Brown Jr~s. Hypol~×o presently zoned for operating a Yachtel & Marina said ~If this has not been commenced with- in 6 months and eompleted within 12 months this permit will be null and void.~' This was ~ugust 5~ 1963. Mr. Hollingsworth further indicated a set of plans was not on file in City Hall. The clients of Mr. Hollingsworth are property owners and they are objecting to the construction now going on which is a large m~tal structure interferring with their TV reception. He further indicated the permit should be revoked at the earliest moment to avoid further hardship to pro- petty ov~ers. He d~scribed the permit as a ~'wild cat permit'~ issued in direct contravention to the rights and interests of his clients. Mayor Gallo advised that the complaint will be taken do%~ verbatim from tke ~ape and t~anscribed. City Attorney said it would be up to Buiidinq In- spector to give a report. ~. Michael requested the Building Department report to Council by Noon October 2tst. James Thompson, representing P.B~Dodge~ W~Palm Bch requested Council to open bids on cars for Police Department. -2- MI/~dTES REGULAR CITY COUNCIL P~ETING OCTOBER 20, 1969 Mrs. Padgett, City Clerk, opened bids as follows: 1. Palm Beach Dodge, West Palm Beach 2. Benz Chevrolet~ Lake Worth Mr. Nylund moved that bids be turned over to tabulating committee for further recommendations. Motion seconded by Mr. Summers and motion carried 5-0. BIDS ~ AWARDING - Garbage & Trash Pickup Mr. Stunmers ~oved that the awarding of bids for garbage and trash pickup be removed from the table. Motion seconded by Mr. Collins and motion carried 5-0. F~. Summers moved that low bidder, County Sanitation, be accepted. Motion seconded by ~,~. Collins. Councilman Michael commented that if a private business man who has 'to buy occupational licenSe, pay sales tax on equip- ment, etc. can do this work for this much less than the City there must be something w~ong with the Cityts management. }.~2. Nylund concurred with Mr. Michael, and it was felt by Mr. Michael that if this contract goes out to private enterprise that the Department Heads should have their wages reduced in proportion to the reduction of their responsibilit~. Ezell Hester, 1106 N.W. 1st Street, Eddie ~Jitchell, Col. Wehrell, Emily Jackson: Herman Forbas all spoke in favor of the city retaining the garbage and trash pickup. Mr. H. G. BarDy, 1026 S.W. 26th Avenue, indicated the problem that has existed in the past has been due to inferior equipment. This equipment has not been modern enough to keep up with the demand placed upon it. Others speaking and makin~ inquiry regarding the future of the men in this department were Barbara Butler, 204 N.E. 12th,; ~,ins. Lee, 407 ~q 9th Ave.; Ha~ry LeForte; Phil Haire, 3018 Westwood Lane, said he worked in Belle Glade and County Sanitation~$ service had been discontinued. Mr. Durwood Jackson and Phil M~reno of County Sanitation then appeared in their own defense, In response to where they had accounts it was revealed they picked up garage in Palm Beach Gardens, Ocean Ridge~ Gulf Stream, ~niversity Park, Man~lapan, It was noted they do not have pickup service for areas the size of Boynton Beach: and there was conSiderable concern that they do not have retirement plan for their employees. The Motion carried in favor of hiring the low bidder, County Sanitation 3-2. Gallo: Collins and Summers voted ~'aye~; Nylund and Michael Mayor Gallo recognized the new Chief of Police who had o~fieially taken oath of office October 20th at 9:30 A.~{. Alfred Shepard, representing %%%n. R. Hough Co., O~lando, investment bankers appeared in regard to obtaining $1,600~000 for enlarging treatment plant. He suggested a crisis approach could place a loan of $700,000-$800,000 within the next week or two. The other plan would be to develop a plan ever the next 18 n~Dnths. After discussion, ~. Sunmners moved tb~t the city -3- MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 20, 1969 hire William R. Hough & Co.: Orlando, to represent the city as Fiscal Agent according to terms of agreement. Motion seconded by Fm. Collins and motion caITied 4-1; Mr. Michael voted ~No~. Mr. Michael v~nted time to study before voting. Ed Duffy, Jr. and Charles Fronrath appeared before council, together with Mr. Lynn France indicating that M~. Farber who develops laz~e fashion centers and presently ~rking on one in Pompano, is interested in a declara- tion of intent to annex 220 acres West of Congress: hounded on South by 15th Ave. to construct a center for Burdines, Penneys, Sears Roebuck and Jordan Marsh and 105 smaller stores. This will he on 80 acres and the balance of the 140 he would like zoned for apartments, or. high rise, pro- riding jobs for approximately 2,000. ~. Summers moved that Orddnance 69-37 he passed on first reading. Motion seconded by Mr. Collins and motion carried 5-0, with instruction that this item ~ill be re£erred to Planning and Zoning Board. .LEGAL - ORDINANCES - 2nd Reading Ordinance 69-29 - Amending zoning code re service stations. City Attorney read O~dinance 69-29 on Second Reading. Mr. Ny!und moved that Ordinance 69-29 be passed on second reading. Motion seconded by Summers and motion carried. Nylund, Summers & Gallo voted ~aye~: Collins abstained and ~. l~ichae! voted ~No~. ~rdinance 69-30 - Rezoning Lots 27 & 28, Boyntonhorough City Attorney read Ordinance 69-30 rezoning Lots 27 & 28~ Boyntonborou~n, Four Seasons Request. ~. Michael moved that Ordinance 69-30 be passed on second reading. Motion seconded byMr. Summers and motion carried 4-1 with Collins abstaining. Qrdinance No. 69-31 - Rezoning acreage tract - Caldos request City Attorney read Ordinance 69-31 rezoning acreage tract as requested by Caldos. Motion by ~. StuTters that Ordinance 69-31 be passed on Second reading. Motion seconded by ~. Ny!und and motion carried 3-1. Mt.Summers, Nylund and Gallo ~aye~; Mr. Michael ~no~ and Collins abstained. Qrdinance 69-32 - Rezoning Lots 18 thru 25, Block Lake Addn.~ - Stroshein request. City Attorney read Ordinance 69-32 rezoning Lots 18 thru 25, Block 7, Lake Addn. r~quest by A. Stroshein. Mr. Michael moved that Ordinance 69-32 be passed on Second Reading. ~otion seconded by Mr. Summers and Motion carried 4-0. i~. Collins abstained. _ORDI~ANCES - 1st READi%IG Ordinance No. 69-33 - Increase in taxi rates City Attorney read Ordinance 69-33 - request to increase taxi rates. Motion -4- MI~dTES REGULAR CITY COUNCIL ~-~ETING OCTOBER 20, 1969 by Mm. Michael to pass on first reading. Motion seconded by P~r. Summers and motion carried 4-0. 1~. Co~tzns absta3~ned. City Attorney Gene Moore advised the City had been served with suit by County of Palm Beach in ~e~ard to collecting taxes, ¥~. ~fichae! moved that the City ~-~ttorney be authorized to proceed to protect the City in this suit. ~Iotion seconded by 1.lp. Summems and motion ~arried 5-0, ~yor Gallo indicated t~ men attending P, otice Academy had been coming ek working 3-4 hours and academy compl~'ined about them having additional womk. Police Chief mecommended they comply %-~ith the law. l~yor Gallo reeom~aended the men ~e paid full salary and not required to do additional ~o~k except on ~,~ekends. Summers moved that the t~ men at'tend Police Academy and not be re- q~il~ed to do additional ?~ork. ~,~otion seconded by ~z~. Michael and motion carried 5-0. This meeting recessed at 11:40 P.~i. till 9 ~.M.~ ' tomorrow, October 21 in Conference Room in City Hall. CITY OF BOYNTON BEACH, FLORIDA Vincent J. G~Io, ~ayor ~ ~ ' Gflbe~t H. Collins Councilman Mmchaet V. Michael, Councilman Le~'nard' E% Nylund, Cb~lman Attest; . ,~<~/ City Cle~k ~~ -5-