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Minutes 02-03-69MINUTES REGULAI{ CITY COUNCIL MEW-TING HELD AT CITY HALL BOYNTON BEACH, FLORIDA ON MONDAY ,FABRUA/{Y 3, 1 969 @ 7:30 PM P1LESEN T: Vincent J. Gallo, iViayor Thomas A. Summers. Vice Mayor Gilbert H. Collins, Councilman Michael V. Michael, Councilman Leonard E. Nylund, Councilman Gene Moore, City Attorney Grady W,Courtney,City Manager ~Virs .Tereesa Padgett, City Clerk iVlayor GaLlo called the meeting to order at 7:30 P.M. The Invocation was given by Kev. Nelson P. Moyer, Pastor of the First Methodist Church of Bolraton Beach, and the Flag Salute was led by Harold Hopkins, Director of Public Works. /VLI~UTES - Red. ilar i%ieetin~ Januarv 20, 1 969: Mr. Nylund stated that correction should be made on Page No. 5, first paragraph, to delete the last sentence of the motion. Mr. Nylund made the motion that Minutes cd the Regular Meeting cd Janu- ary 20, 1969 be approved with above correction made. Mr. Michael seconded, motion unanimously carried. ?resentation o£ Plaque, to Judge Martin R. Durki~-- Mayor GaLlo made a public apology to Judge Durkin for not advising the Judge that he would not be re-appointed this year, and stated he would assume complete responsibility for this oversight. He then asked Judge Durkiu to come forward and presented him with a plaque for his years of service from 1 961 -1 968. Judge Durkin thanked the City Council for the plaque, stating he accepts it in the spirit in which it was given. OLD BUSINESS: Al~point Judge Ad Litem (On the Table); Mr. Summers moved this item from the table. Mr. Collins seconded. Motion carried 3-2, Councilmen Michael and Nylund dissentin§. Mr. Collins made the motion to appoint Fra,~k Weathers Judge 2, d Litem. Mr .$urnn~ers seconded. Page No. I MINUTES REGULAR COUNCIL MEETING FEBRUARY 3, 1969 Mr. N¥1und asked the City Attorney if there could be a conflict of interest since Mr. Weathers is a law partner of the p~esent Municipal Judge, and the City Attorney answered ~here could be. In light of the City Attorney's opinion, the City Council unanimously voted not to appoint Frank Weathers as Judge Ad Litem. Reconsider the i~equest of Briny. Breezes Re: Sewage Problem: 1VLr. Mummers made the motion that this item be tabled until such time as additional informat/on is obtained, lV~r .N¥1und seconded. 'NIotion unani- mously carried. BID O,P. ENING: - 7:45 IVLr. IWylund n~de the motion the receiving of bids be closed and the bids received be opened, lvLr. 1Vlichael seconded and motion una,~aously carried, One (1) ½ Ton Picl~p; One (1) 3/4 Ton Pickup; One (!) Van Type Truck; One (1) 3/4 Ton Pickup with Utility Bed; One (1) 3/4 Ton Cab and Chassis City Clerk opened and read bids received from the following: Wayne ,a_kers Ford, Lake Worth Benz Chevrolet, Inc., Lake Worth Palm Beach Dodge, Inc., West Palm Beach Rich Motors, Inc., West Palm Beach Mr. ~ichael made the motion the bids received be ~rned over ~o the Tabulating Committee for their recommendation. Mr Motion unanimously carried Annual SupplV of Gasoline and Oil: City Clerk opened and read bids from the following: Standard Oil Co., Jacksonville, Florida Seacrest Petroleum, Boynton Beach Gulf Oil Corporation, Miami Page No. IvIINUTES REGULAI~ COUNCIL MEETING FEBRUARy ~, 1969 Union Oil Co. of Calif. (Pure Oil Division) Ci~ies Service Oil Co.. A~lant~, Georgia Sinclair Refining Co., Tampa, Florid~ lV/r. Michael made the motion the bids be turned over to the Tabulating Committee for their recommendation. Mr. Nylund seconded and motion unanimously carried, .A~_~upply o£ Tires: Cit~ Clerk opened and read the only bid received from the following: Don's Firestone, Boynton ~each IV/r. Michael made the motion the bids be turned over to the Tabulating Coran~ittee for their recommendation. Mr. Summers seconded and motion unanimously carried. Ann_ua~!_~ppl_~_o__f_Batt e r ie$: City Clerk opened and read the bids received from the following: Boynton Auto Supply, Boynton Beach Gould National Batteries, Lake Worth Mr o Michael' mo~ed the bids be turned ever to the Tabulating Con0xnittee for their recommendation. Mr. Summers seconded and motion un~u imously carried. Annual Supply o£ Galvanized Pipe and Fittings: City Clerk opened and read the bids received from the followlng: ~Iueller Co., Decatur, Ill/nois A & )~ ~ipe & Supply Co. Hinleah, Florida Gulfstream Steel Corp., Delray Beach Charles Sales Corporation,West Palm ~each Sm/th-Blair, Texarkana, Texas l~age MINUTES REGULAR CITY COUNCIL MEETING FEBI~UAi{y 3 , 1969 All S~ate Pipe Supply Co,, Inc. Jacksonville Farqu3aar IvL%chinery Co., Jacks~v~e Southern Meter & Supply Co. ,~eland B & H Sales ~c. K ~ke Park, Flori~ Davis ~ieter & Supply Co., D~ Dresser ~tg. Co., Bra~o~d, ~ir. Nyl~d ~oved the ~ds be acceded ~d ~rned over to ~e Tabu]a~g Co--tree. Mr,Coll~s seconded and motion ~n~-~ously carried. Ci~ Clerk opened ~d r~d bids received fro~ Penins~ar Supply, ~est Pa~ Beach A & B Uti~es S~ppl~, ~I~ Davis ~eter & S~pply Oo. D~ Cereal-Teed Produc~s Corp. A~lan~, Georg~ ~ & H Valves & Fi~Angs, E~son, Clowd Ocr pora~on, Bir~gham, Americ~ Cast ~on Pipe Co, Orlando Sou~ern ~eter & Supply Oo,, ~e~nd, Flori~ B & H Sales ~c., ~ke Park, Flori~ ~r. Nyl~d ~oved ~e bids be accepted ~d ~rned ~er to ~e Tab~g C°~ee. ~r. ~c~el seconded and ~o~on ,m~ously' carried. Page NO. 4 MINUTES REGULAR COUNCIL lVIEETING FEBI{UAi~Y 3, 1969 ~1 Su~Iy Water. Meters: Ci~ Clerk opted ~d read bids from ~e foHo~g: So.em ~eter & S~pply Co.. ~ke~nd Badger ~ter ~fg. Co., ~waukee, WiSc. Nepme Me~r Co,, A~, G~. Hersey-S~rl~g ~eter Co., De~m, ~ss. Da~s Me,er & Supply Co., D~, F~. ~r. S~ers moved ~e bids be accepted and ~rned over to ~e Tab~ng Co~t~ee for ~eir reco~e~ti~. ~r. Co~s seconded ~d motion ,~n~n~ously carried. ~al Supply Cold ~ ~ Ci~ Clerk opened and r~d bids from ~e D~e As~lt Co., West Pa~ ~ub~ Construction Co., West Pa~ Bea~ ~r. Nyl~d moved ~e bids ~e acceded and ~rned over to ~e Tabu~t~g Co~ee for ~r reco~enda~on. Mr. S~ers seconded a~ motion ~ously carried. ~1 Supply of C~orine: Ci~ Clerk opened and read bids received from ~ fo~o~ng: Tesco ~dustr~l Che~cals ~icard Chemical Co., West ~alm Beach Colonial Che~c~ Co., Or,do Allied Ch~rlne & C~cal ~roducts, ~lr. S~ers ~ved ~e bids be accepted and turned over to the Tabu- ~t~g Co~i~ee for ~eir reco~en~ti~. Mr. Co~ second, d, and ~tion ~imously car~ed. MINUTES REGULAR COUNCIL IVLEETING F..EBi~UA~IY 3, 1969: ~unual Supply of Shell Rock & Pit LAm~: City Clerk opened and read bids from the following: Ed Clanton Tracking, Bo~t~ Beach Kea~'s T~c~g, Boynton Beach Donald L. ~e~es Mr. Nyl~d moved ~e bids be acceded and ~rned over to ~e Tabu~ng Co~ee for ~eir reco~dation, Mr. S~ers seceded ~d ~tion ~mously c arried. ~orce Main No. 8 - 8:00 P.M.: Mr. MicMel rode ~e motion ~e recei~g ct bids be closed and bids subdued be accepted. Mr. Nyl~d seconded and moron ~a~mously carried. Ci~ Clerk opened and read the bids received from ~e Jericho Const~ction Corp. Eau Gallie,F~. Mercury Cons~ction Co., West Pa~ Beach Dawson, Co., Jupiter Cambron Construction Co., Or,hdc Mr. S~ers made ~e motion ~e bids be accepted and ~rned over to ~e Tabulat~g Co~ittee for ~eir recoiled/ion. Mr. Col~s second- ed and motion ~ously carried. ?UB LIC AUD~NCE: ~rry ~/ort, 725 Ocean ~et Drive, co--ended Mayor Gallo on a pubic apology ~ J~dge ~r~n, and ~ggested the Judge be given sever- ance pay. Emily Jackson, 728 N. E. 9~ Avenne, stated she was in, rested in ing h~ much ~e Ci~ spends on various coherence which ~e City ~ficials must a~end. Page MINUTES P, EGULAt{ COUNCIL MEETING FEBP~UAi{¥ 3, 1969 NEW BUSINESS: Pr ocL%rn~ion: Mayor Gallo read a Proclamation in which February 12-22, 1969 are designated as Patriotism Days which is l~eing sponsored by the DCT Group of Seacrest High School. Beach Jr. High School Students: Mayor Gallo re~d a letter from Henry Thompson, President of the Boynton Beach Chamber of COmmerce, in which he stated he was quite concerned with the attempts of ~e School Boards to desegregate oum school and the possibility of the Boynton Beach Jr. High School being closed down. The l~ayor further stated, it would be of interest to all the Citizens of Bo!Triton Beach to attend a meeting being held at the school on February 4, I969 in an effort to resolve this problem. LECu%L: Ordinance 69-3 (Znd Reading) Re: Insurance Premiums: City Attorney read subject Ordinance by caption only. First Re~ding: January 20, 1969. Mr. Michael made the motion ~t Ord~nce 69-3 be accepted on second rea~ng. Mr. S~ers seconded and motion ~. incus ly carried. Ordinance 69-4 (2nd l{eading) Amending Sub-division Ordinance Re: Maintenance of Lakes, Canals, etc .: City Attorney read subject Ordinance by caption only. First reading: January Z0, 1969. Mr. Summers made the motion that Ordl-ance 69-4 be acce~ed on second reading. Mr. Collins seconded and motion %mani- mously carried. Resolu,t/on 69-,D lte: Uuiqnism of City ,Employees: Mr. Moore stated that inasmuch as the Bill would not be finalized until February 4th, he woald recommend this item be tabled until some points have been clarified, and the amended bill is sent to all municipalities. 1Vir. Nytund moved to accept the Leagues recommendation and instructed the City tViaeager to send a telegra31%, Mr. Slammers seconded and motion unanimous ly carried. Page No.7 MINUTES P. EGULAR COUNCIL M~EETLNG FEBRUAl%Y 3, 1969: Ordinance 69-5 (lst Reading) Amending Sec. ZS~A-? of the Code ~e: Bonding Kequirements: City Attorney read Ordinance 69-5 in its entirety. h~ayor Gallo asked the City Attorney i/there would be any repercussions to the City Council in an attempt to assist the developers, by putting up good surety bond if it could be passed as an emergency Ordinance to expedite th/s matter. Mr. Nyhmd stated that according to the Charter, it would have to be a real crisis to permit an emergency Ordinance. Mr · Summers stated he has always been against emergency Ordinances and therefore made the motion that Ordinance 69-5 be passed to second reading. Motion carried 4-1, Mr. Michael dissenting. Further Discus,sion ge: Legislative Program: City Attorney stated the advertising had been pl~ced. Change City Election: City Attorney stated the City Council's desire to change the City election would entail quite a number of changes and it was more difficult then it appeared on the surface, as there are at least six sections t~t need changing in the Charter, which amounts to a major Charter revision. He further stated he would continue to work on it so it could be presented at the next Legislative Clinic. Mr. Summers made a motion that the City Attorney's recommendations be accepted and we not go into the matter at the present time, but prepare it for presentation at the next Legislative Cllnic. .l~,.e s e rye .Annexation: City Manager reported that he had been in contact with Lantana, Delray Beach and Hypoluxo and though he has nothing in writing at this time. Lantana and Delray Beach indicated there would be no problem. He further stated that Mayor Brown of Hypotuxo has not given an answer due to the fact that they are weighing the request from the City and residents in the general area who have requested annexation to Hypoluxo ,therefore, he could not give us an answer at this time. City Attorney advised that a map of the areas to be annexed be prepared as quickly as possible and then he would proceed. Page No. 8 [v[INUTES I{EGULAI% COUNCIL 1VLF_~TING .FEBRUARY 3, 1969: Pension Plan and Bid Increase: City Attorney s~ated there would be no problem with these two items and the l~pers are ready to pNesent to the Legislative Clinic. Policin~ the-City! s Beach af~ O~ean City Attorney stated that he considers it very doubtful that the Legislature wou/d introduce a bill whereby one municipality would have jurisdiction over another as they would not %rant to become involved in internal matters and suggested to the City Council Ehat they drop i~o It ~s agreed. Discuss Existing Bldgs, on Lts 13-16 Incl. Less Ac.Sec. Z0/29 (On the Table): ~v~r. 1VIichael made the motion t]~t this item be moved from the table. Mr. Gol]/ns seconded, motion unanixnou$1y carried, City Attorney stated that this property is in violation of fire and plumbing codes and the minimum housing code, and steps should be taken to alleviate this condition. Mr. tV~ichael made the motion that Mr, ~v~oore~s recon%mendation be accepted and the Building Department should proceed with the necessary steps, tVtr. Sun~ners seconded and motion unanimously carried. Southern Bell Franchise (On the Table): City Attorney recornmnended this item remain on ~he table as there are several other items that must be checked out before a final determination can be made. Clarification of ~-onin~ - /v[r. Charles Boos: City Attorney e=~plaLned a question of building latmdrornat and dry cleanin~ services in the 100 block of $. %V. 15th Avenue has been requested by Charles Boos and he advised that there was some questions as to the legality of this type of operation in a C-1 zone. /vir. Boos appeared before the City Council stating with the type operations he cor~templated the obnoxious parts that once were connected with the dry cleanin~ operation have been removed, stating further that non-conlbust- ible material would be used. Page No..9 REGULAI{ COUNCIL MEETING .?EBRUAI{Y 3, 1 969: Councilman Michael made ~he motion tb~t the Fire Chief be ~ltthorized to investigate this matter and present his report to the City Council with his £ indings. Mr. SUmmers seconded and motion unanimously carried. ADiViINtS TIaA TIVE: _Consider Hunn!_~u~t Proposal for ! 969 Appraisal Service: City ~Ma~ger stated that in general this was the same con~ract the Cib; had las~ year, but the price this year was $2,000.00. iPir. Summers moved that we enter into an Agreement with Hunnicut~ and Associates to do the 1969 appraisal work. tvi~, Collins seconded mad mo~ion unanimously carried. Application to solicit - Girl Scouts: Mr. Summers moved this application for the Girl Scouts to sell cookies be approved and the usual fee waived. Mr. Nylund seconded and motion unanimously carried. ~ransferofLicense: 1. 5eulah Fairhead: Cit~ Clerk advised that this license was currently in the name of Coach House, Inc. l{oy Boxley, /VL%nager, d/b/a/ Boxley's Smorgasbord, and the request is to transfer the license to Beulah Fairhead as manager, d/b/a/Smorgasbord Haus, and further stating the application had been checked by all departments concerned. lvlr. Michael made the motion that the trmasfer of license be granted. Mr. Collins seconded mad m txon unammously carried· Z o Harold Kandolph Foster ,. ,,, B~h~r~ Bal': City Clerk asked that the existing license for bar and package store now in the name of LOcksle¥ Thompson be transferred to Harold Foster. She further stated that the application had been Checked by all departments concerned. Mr. Nylund moved the transfer of license be granted · Mr. Michael seconded mad motion unanimously carried. Page No. 1 0 R/INUTES ItEGULAI~ COUNCIL 2~LEETING ~rge Voter's P~e~is~a~o~ ~ Acco~nce ~Sec, 8-3 of ~e Code: ~r ~ ~ic~e[ ~de ~e mo~ion ~ ~e ~es of ~e ~3 ~ople be acceded ~d p~ged from ~e ~g Iist. ~ ~ S~ers secon~d and moron ~usly ca~ried. A~PROVAL OF B~LS: C~ Clerk presented ~e foiling bill for payme~, s~g i~ ~d be~ checked by ~i~ce ~d ap~oved by ~e City ~aEer: Robert D. Wise SidewaYs on S.E. 1~ Ave & N. E. 6th Co~t $i ~r. 2~ichael moved ~is b~l be paid. ~r. Nylund seconded and moron u~ously carried. Ci~ Clerk presen~d ~e lo,owing bills for ~e~ s~g ~ey ~d been checked by F~ce and approved ~ ~e City Hals ey-Griffi~h Service Equipment Co. International Business Machines Benz Chevrolet (Z trucks) J. G. Dresser Palm Beach Tank & Culvert.Coo $ 759.50 $Z,738,00 $ 643.50 $?,050.Z4 $I,000.00 $3,238,00 tV/r. Michael moved these bills be paid, as presented. IVlr. Summers seconded and motion unanimously carried. City Clerk presented the following bill: Gerald Dake & Associates For: 1-95 Grade Separation (S.W. 5th Avc $ 550.00 Mr. Michael moved this bill be paid as presented. IvIr. Gollinm seconded and motion unanimously carried. Page No. 11 MINUTES REGULAi{ COUNCIL iVIEETING FEBP~UAI{Y 3 ,! 969 Discus,sWorkshopProcedure: b~fayor Gallo read the report in which he presented the format to be used to prepare the Agenda for the ~egular Council iVleetin§s in an effort to h abolish t e ~Vorkshop Sessxons, and asked the Council if he had incorpor- ated all the changes which had been discussed; copy of which to be made part of these/v/inures o IVlr. Michael made the motion that this new format be tried for the next two Kegular Council Meetings beginning with the next Council Meeting on a trial basis, and at the end of the trL~l period a determination be made as to which format should be adopted, Mr. Nylund seconded and motion ,~nanimously carried. OTHER: ~. Summers reported that the l~valier type microphone system for the City Council Chambers had been ordered and they should be delivered in time for the next Council Meeting. Appointments: Mrs. Betty Law and Mrs. /viuriel Holm-nan: Mr. Courtney requested permission from Council to confirm k/rs. Law as Actin8 Finance Director in addition to her duties as City Treasurer, until such time as a decision is made on the Finance Director for the City, He further stated that he would like l~rs. Muriel Holzr~an to act as Mrs. Law's assistant in her absence o IVLr .Summers made the motion that these appointments be granted, tVLr. Nylund seconded and motion unanimously carried. Appointment of Assistant City Clerk: Mr. Courtney stated that inasmuch as bits. Alvera I~clde had been trans- ferred to the Finance Department because of her excellent background in bookkeeping, he requested permission to appoint IViis s Al/ce Igewett as Assistant City Clerk to perform the duties of Court Clerk. l~zr, Summers moved that this request be granted. Mr. 1VLichael seconded and motion unanimously carried. Permission to So_licit -Boynton Beach Child Care Center: The C/fy Clerk stated that subject organization has asked for permission to solicit throughout the City for funds, in an effort to complete the Center, for a 90 day period, starting as soon as possible. She further stated that they had not as yet filled out the necessary forms for solicitation but Page No.1 Z /vlIN UTE S REGULAR COLrNCIL IviEETING FEBRUARY 3, 1 969: plan to do so. Mr. Summers moved the request be granted for a period of 90 days pent, rig the £illin§ out of the required forms necessary, for ~he Boynton Beach Child Care Center. tVir. Collins seconded and motion unanimously carried. There being no further business, Mr. Nylund moved the l~ee~_ng be adjourned. Mr o tViichael seconded and motion unanimously carried. Meeting adjourned at 10 P.M. ' s,~Vic e Mayor Gilbert H. CoLlins, Councilman Ivtic. h~el V. Michael, Councilman Leonard {Mrs .~ Tereesa Padg~, ~:it¥ Glerk ilman Page No. 13 L_