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Minutes 10-06-69MINUTES OF REGULAR MEETING OF CITY COUNCIL, CITY OF BOYNTON BEACH, FLORIDA AT CITY HALL, MONDAY~ OCTOBER 6, 1969. PRESENT: Vincent J. Gallo~ Sr., Mayor Thomas A. Summers, Vice Michael V. Michael, Councilman Leonard E. Nylund, Councilman Grady W. Courtney, City ~,~nager Tereesa Padgett, City Clerk Gilbert H. Collins ~ Councilman - arrived 7:35 P.M. Gene Moore, City Attorney (On Vacation) Mayor Gallo called the meeting to order at 7:30 P.M. He announced that the City Attorney~ Gene Moo~e was on vacation. Councilman Collins was not present. Rev. Ode!I Hood~ Southside Baptist Church gave the invocation. Vice Mayor Summers led the Salute to the Plag. Mr. Beyers, representing Senior Citizens from S~eriing Village was recog- nized by the ~yor; also, Samuel Kendrick, representing Concerned Black Citizens of Boynton Beach, a recently formed Civic group. ~. P~ichael moved that the September 15th MinuteS be accepre~as pre- sented, second by ~.~. Summers and motion carried 4-0. Mr. Collins absent~ when vote was taken. i.lotion by ~,~. Nylund to accept the September 26th Minutes as written. Motion seconded by P~. Michael and motion carried 4-0. ~. Collins absent. .B..IDS - AW.ARDING G.arbage ~ T~ash Pickup - City Manager reported that County Sanitat~on is low and best bid on letting garbage and t~ash out on contract~ and Rolling T~uck Equipment Co. lowest and best bid on equipment. M~. Michael moved that since tabulating committee on equipment had met but copies of report were not previously in hands of council that action be delayed until next regular meeting night so the necessary time can be given to this important decision. Motion seconded by }~. Nylund) and motion carried. ~r. Barmy, 1096 S.W. 26th Avenue~ a representative of the equipment company that submitted low bid suggested going to Ft. Myers where in- stallation o~ equipment is in operation. A conference meet/hq Of Counmil, together with representatives of low bidders agreed to meet at 7:50 P.M. in Council Conference Room~Oct.7th. PUBLIC AUDIENCE Samuel ]~ndrick, 222 M.E. 13th Avenue, Boynton, and his associate -1- MIA~dTES CITY COLkNCILMEETING OCTOBER 6, 1969 Eddie Mitchell representatives of the ~oneerned Black Citizens o f Boynton Beach appeared ~efore Council complaining that there has not been any tangible work done in the black community and that there are ghetto conditions existing; that streets are in terrible condition. ~. Mitchell felt council should bring pressure to bear on the county to improve N.E. 10th Avenue.. He said he did not come to Council to threaten but there are people in the city who are ~eady to begin any- thing such as he, happened ~n Watts or Ft. Lauderdale. ~ayor Gallo advised that attempts are being made to get a sidewalk on N.W. t0th Avenue but City does not have right-of-way. Further that County has been petitioned for resu~faeing 10th Avenue, He said further pressure would be brought on County now that new budget has been accepted. He said he was concerned about drainage at Wilson Recreation Center and efforts are being made to resolve this problem. Further requests were made by Kendrick & Mitchell for on the job train- ing for jobs in City Hall. (Publio audience stopped for 8 P.M. Public Hearings) pUBLIC HEARING Consider request to increase Taxi Rates. Frank Yakowski, Manager Yellow Cab Company, West Palm Beach, and opera- tors of Boynton Taxi appeared for rate increase since one had not been 9~anted for past 12 Fears. Insurance and cost of operating vehicles has doubled and he requested 50¢ for first 1/4 mile: and 10¢ for each addi- tional 1/4 mile. There were no objectors in the audience and no one else appeared for the rate ihcrease. i~. Michael moved that the City ~ttorney draw up an amendment to the ordinance in light of the fact there is no objection to adopt proposed rate increase for taxi franchise. Motion seconded byMr. Summers and motion carried. ~onsider request for bus franchise. Joseph Tomberg appeared before council requesting bus f~anchise. He expressed concern for those citizens who are unable to drive automobiles and indicated they would Set up a circular route where buses will start at beach, pick up people at condominiums, Royal Palm Village, N.E. 10th Avenue ~or those going to the hospitat~ out to Leisureville~ High Point toHospital~ Hampshire Gardens, Sterling Vi!lage~ Sunshine Shopping Center, K~ik Chek Shopping Center and back to beach completing the cir- cle. He intends to use all new air conditioned equipment. He expects the cost to be bet~een 25¢ and 50¢. M~. Wallace, 28~0 S.W. 9th Street, said he had met with a group that asked him to come before Council. He indicated that he tried to get -2- MINUTES CITY COUNCIL MEETING OCTOBER 6: 1969 some idea of a 'traffic count and gave council papers to study, which he had requested and received. ~. Tomberg said the group Mr. Wallace represents had asked him to set up a south county bus system- He said his proposal is to service people in ~oynton Beach and only .reason bus would be sent to ~al! is for the service of the Boynton citizens who cantt drive automobiles. Mr. Beyers of Ste~ling Village indicated he was present at the meeting above referred to and indicated there was a motion presented that coun- cil set up a t~ans~ortation committee to make a stn/dy of t~ansportation needs. He said he was interested in the transit service that terminates at Lantana coming to Sterling Village. MT. Michael moved tb~t the City Attorney be inst-~ucted to meet with Mr. Tomberg and come back to Council with ordinance permitting bus franchise. Motion seconded by i~i~. Summers and motion m~r~ied unanimously. Consider requests for chan~ue in zoning., Parcel 1: Lots 27 & 28, Boyntonborough R-1 to R-3A Foum Seasons Development Corp, }.1~. %~ymer of Four Seasons Development Corporation appeared before council requesting zoning change on Lots 97 & 28~ Boyntonborough from R-1 to R-3A. There was no Objection registered on zoning ehan~e. ~. Michael moved that the request for zoning be granted to the Four Seasons Development Corp. l~otion seconded by M~. Nylund and motion carried 4-0. Mm. Collins abstained. ~myor Gallo read O~dinance 69-30 granting change of zoning on Lots 27 and 28, from R-i to K-3A. Mr. Michael moved that Ordinance 69-30 be passed on first reading. Motion seconded by M~. Nylund and carried 4-0. ~r. Collins abstained. Parcel 2: Approx. 5.58 acmes in l~q~ of Sec.52-45S-43E R-1AA to Caldos Adult Community, Inc. (Palm Beach Leisumevi!!e) On request by Caldos Adult Community to change zoning from R-1AA to R-2 on 3.58 acres in i%~ 1/4 of Sec. 32-45S-43E for const-kucting a nursing home: tv~. Nylund moved that recommendation o~ Planning & Zoning Board be accepted. ~otion seconded by Mr. Summers and motion carmied. Mr. Ny!und~ I,~. Summers & t,~yor Gallo voted aye; Mm. Michael ~no~; }~. Collins abstained. Mr. LePort p~otested from the audience on the basis of the opinion re- ceived from the Attorney General. Mayor Gallo said he challenged the -3- MINUTES CITY CO%~CIL ~ET/aNG OCTOBER 6~ 1969 constitutionality of the legislation recently passed and he would vote his conscience. Mayor Gallo read Ordinance 69-31 grantinq zoning request of Catdos £or constructing a nursing home. Mr. Summers moved that ~dinance 69-3! be passed on first reading. Motion seconded by Mr. Nylund and motion carried. Mayor GaIlo, Mr. Summers, Mr. Nylund voted aye; Mr. Michael ~;no~ and Mr. Collins s tained. Parcel 3: Lots 18 thru 22, Block 7, Lake Addn. R-lA to Lots 23 thru 25~ Block 7, Lake Addn. R-2 to R-3 Mr. Arnold St-~oshein asked ~,~. Collins to step aside and not vote inas- much as he has already made a decision. He requested that Lots 18 thru 22~ Block 7: Lake Addn. be rezoned ~om R-lA to R-~; Lots 23 thru 25, Block 7, Lake Addn. be rezoned from R-2 to R-3. There were no objec- tions. I¢~. Summers moved the change for rezoning be granted according to re- co,u~nendation o~ Planning & Zoning Board. Motion seconded by ~ir. Ny!und and motion carried~ 4 voted aye with Pit. Collins abstaining. Mayor Gallo read Ordinance 69-32. ~. Nylund moved that Ordinance 69-32 covering I~, Stroshein~s zoning request be passed on first read- ing. Motion carried, 4 voted aye with ~. Collins abstaining. TNTEPd,~ISS ION PUBLIC AUDIENCE - Cont'd Layton Timm: 118 S.E. 8th Avenue made a request for paving S.E. 6th Ay. from S.E. 1st Street to FEC railroad. He %~s referred to ~Other:~ on the agenda and will be heard at that time. LEGAL Ordinances. - 2nd Rgad'.~ng. Mayor Gallo read Ordinance 69-27 - Amending Plumbing Code by Caption Only. ~. Michael moved that Ordinance 69-27 be passed on Second Reading. M~. Ny!und seconded motion and motion carried unanimously. Mayor Gallo read Ordinance 69-28 by Caption Only. (Caldos requests Parcel F thru I). Mr. SummeDs moved that Ordinance 69-28 be passed on Second reading. ~. N~lund seconded the motion and motion carried. -4- MINUTES CI%Y COUNCIL MEETING OCTOBER 6~ 1969 [,~. Summers, Nylund, and I,~yor Gallo voted ~aye~'; ~. Micbmel ~'No~ and Mr. Collins abstained. Ordi~a..nces - 1st Readin~q Mayor Gallo read Ordinance 69-29 - amending zoning code re service stations, l~fr. Nylund moved that Ordinance 69-29 be passed on !st reading. Motion seconded by t~- Summers and under diseussion~ Col. Wehrell~ BoynOPn Isles said there were many good things in this C~din- ance but he objected to leaving out 600~ bet%~en gas stations: and he ~elt it was brought up primamily because of Caldos and two other devel- opers. Motion carried. Mayor Gallo, Mr. Summers, ~. Nylund voted ~aye~ }.~. Michael ~No~ and i,~. Collins abstained. Resolutions Proposed Resolution - Toll Free Service to West Palm Beach },Ir. Her~y Thompson: P~esident Chamber of Commerce was spokesman for those requesting the Telephone Company to permit toll free service to WestPelm Beach. He urged the council to pass a resolution favoring this added service. Mayor Gallo then read Resolution 69-EE favoring the above request. Motion by b~. Summers to adop~ Resolution 69-EE; seconded by Mr. Michael and unanimously carried. OLD BHS/~SS Consider ~rald.Dg.~e's Proposal (OD t~% Table) Remain on the table. Request for change in zoning - Joel Hoch. (Qn.the_table) Mr. Michael moved that the request for Joel Hoch's zoning change be removed from the agenda until recommendation is received from Planning and Zoning and is placed on agenda at that time. Motion seconded by Mr. Collins and motion carried unanimously. NEW BgS I~SS (None) ADMINISTRATI~$ Discuss impoundin~ fees& redemption fees - Doqs Mr. Miel~ael moved that the City Attorney be instructed to prepare nec- essary papers to increase the impounding fee from $1.00 to $2.00, and the 25¢ a day to $2.00. l~fotion seconded by ~. Nylund and motion carried. 1.~. Michael, ~. Nylund and Mayor Gallo ~aye; Mr. Summers ~No~ and ~. Collins abstained. -5- MINUTES CITY COUNCIL ~LEETING OCTOBER 6: 1969 Consider request of Frank B. Etmore, Jr. re purchase of City o%,~ed property, l.lr. Michael moved that the request of Frank Elmore to purchase City owned property be referred to ~. Nylund to get a recon~nendation from the Boat Club as to their opinion before this land is offered for sale. t~lotion seconded by ~. Summers and motion carried unanimously. ..Consid. er offer o.f loan from First .Bank g Trust Co. The City ~{anager asked that a loan from First Bank &Trust be consider- ed inasmuch as Cit~y is obligated to make $160,000. payment when sewer expansion program is completed~ and in view of the fact mortgage money is so tight he suggested borrowLng it'while it is available. ~. Summers moved that the City deny the o~fer of the First Bank & T~ust Co. in vie~ of the fact the money is not needed for 6-7 months. Mr. ~chael left the podium inasmuch as he is a stock holder in above mentioned bank. ~. Nylund seconded the motion. Motion did not carry. ~. Summers and Nylund voted ~aye~; Mayor Gallo and Mr. Collins ~'No.~ ~. John Howell~ President of First National Bank of Boynton Beach was in the audience and suggested this ~s a good offer and explained the ¢ireumstanoes no%.~ ~egarding mortgage money. l~yor Gallo then relinquished the chair and made $ motion that the City borrow money at 5~% interest rate pledging the cigarette tax so money would be avai!abe for payment of $160~000 encumbrance: and that money be invested in t-~easu~y notes which are short tePm. 1~. Collins sec- onded the motion. Motion car-~ied ~-!. M~yor Ga!lo: Mr. Collins and ~. Nylund voted ~aye~; l~r. Summers voted ~No~ and Mr. Michael was absent from podium. Consider question of validating Municipal Bonds. City ~{anage~ asked that validation of bonds be voted on for Expansion of Sewage Treatment Plant. ~.lr. ~ichael moved that City Attorney be instructed to prooeed-on validating bonds. Motion seconded by Mr. Summers and motion carried unanimously. Approval requested of conditional permit Agreement for Crossing E-4 Carol. t~. Michael moved that ~yor be given permission to sign Conditional Permit AgTeement for crossing E-4 Canal to Go!fview Harbour. Motion seconded by M~. Ny!und and motion carried unanimously. Paving - S.E. !st Ave. bet. S.E. 1st St. g FEC Railroad Requested by Mr. Timm's request for paving dimcussed. --6-- ~[IA~dTES CITY COthNCIL h~ETING OCTOBER 6~ 1969 1,{r. Michael moved that Mr. Timings request to get S.E. 6th Avenue Bet- ween S.E, tst St. & FEC paved be included in street paving program at the time the City advertises for paving ]~ids. Motion seconded by Mr. Summers and motion carried unanimously. Hei-i-port !anding strip request Ted Reed, Palm Beach County Sher~f's Department requested permission for a Hel-i-port landing, strip which will be used as an emergency medieat transportation facility adjacent to Bethesda Hospital. I,~. Michael moved that the request be g~anted and special exception be made as to zoning ordinance. ~. Summers seconded the motion which passed unanimously. Mr. Reed requested that a letter be %~itten stating the City is agree- able: so they can get approval for federal funds. Plat No, 5 - Leisurevi!le [,{r. Summers moved that Plat ~5 of Leisureville be accepted. Motion seconded by 1;~ Nylund and motion carried. Iir. Summers ~ 1,~. Nylund and Mayor Gallo voted ~aye':; }.~. l.iichael ~No~ and Mr. Collins abstained. Sewer connection fee Reference to letter of Mr. In~rah~m regarding $100. sewer fee~ Council instructed City l'~nager to inrorm~Mr. Ing~aham they could not change the rulmng now existing because a number of people have paid ~e $100 connecting charge and to explain that they did feel it was a difficult charge to justify, Consider question of fees for County Offices to assess 9nd collect City taxes. l,]r. f]ichael moved that item to co,sider questions of fees for county offices to assess and collect city taxes be stricken f~om the agenda. }R)tio,n seconded by ~,{r. Summers anl motion carried unanimously. Consider contractua.,,! agreement wi~h Department of T~ansportation Traffic light ~.S.~I and N.E, 2ndAve. t~. Michael moved that item to coDsider contractual agreement,%~ith Dept. of Transportation in refereDce to .traffic ~ight at H.S.~! and N,E. 2nd Avenue be tabled until ~e next meeting Motion seconded by l~r. Summers and motion carried unanimously. Report by City Manager - Re 1965 & 1966 Personal Property Taxes l~otion by Mr. ~Iieh~el to accept recommendation of City Tax Collector and Tax Assessor that personal property tax as shov~ for 1965-1966 -7- ~.iI~TES CITY COUNCIL i~.ET!NG OCTOBER 6~ 1969 as uncollectible be %,~itten off. i~iotion seconded by Mr. Summers and motion carried ur~nnimously. Cons idem anti-noise ordinance. Reference to anti-noise ordinance~ ~r. Summers moved t~hat City Attor- ney prepare an anti-noise ordinance in accordance %,~ith zoning. Motion seconded by Mr. Collins and motion carried unanimously. C_9o~_s~i_d_~?~_amen_d~i_n~ ordinan_ceme FJm~A~_~ms ~?ith approval of Council. Re~erence to amending ordinance to allow use of firs arms with approval of council. ~. Michael moved that the ordinance be amended to aito~ use o~ f/me arms with dimect approval of City Council. t~Iotion sec- onded by ~. Summers and motion carried unanimously. A_pj~ovat of Bills Atlantic National Bank $825.00 Allen Insurance Agency 1730.00 Allstate Equipment g Rentals, Inc. 500.70 Fairbanks ~4orse, Inc. 895.15 Florida Pod?er g Light 636.09 Neptune Meter Co. 1028.72 Neptune l~tem Co. 3406.80 D.H. Smith & Associates 792.81 Mr. ~iehael moved that aforementioned bills be approved. Motion sec- onded by ~. Summers and motion unanimously carried. OTHER City Manager requested permission to attend City Manager's Conference. He %~s asked to t~y to renew approval for Federal grant. Mayom Gallo proclaimed October 2-30 as United Fund Drive, The City Clerk indicated that voter registTation list is no~.~ 244 pages in length and previously the city sold copies for $10.00. The actual cost of preparing the list is now $25.00. li~. lfichael moved that the city increase its charge to $30,00 for voter registration list. ~iotion seconded by lf~. Nylund and motion carried unanimously. ~.{eeting adjourned. ~eting reconvened to appoint Chief of Police. Mm. Michael moved that the reoommendation of City~anager be accepted rom the appointment of -8- M~UTES CITY COUiqCIL [v~ETI~G OCTOBER 6~ 1969 Chief of Police and that Ernest Biount be official appointed effective Octobem 20th~ 1969. 1,lotion seconded by ~.[r. Summers and motion carried 4-1. l,~ayo~ Gallo voted ~No.~ ADJOURNI~.NT Meeting adjourned approximately 11:30 P.M. ard E. Ny!und, Cou~lman ~ City Clerk ~ ' -9-