Minutes 01-06-69MINUTES OF REGUL~ CI~!Z COD%~CIL £4F~ig~G HELD AT CITY Pi%LL,
BOYNTON BEACH,FLOR.__II~A 0~ ~YDAY~ J~.~.L~/~Y 6, 1969 AT 7:30
F~chael v, Micha 1, .F~ayor
vin~lt Jo Gallo., Vice Macy.or
Gi/be~t H. Collins, CouncilmAn
Leonard ~-. ~ylund, CounciLman
Thomas A. Summers, Councilman
Gene k4oore, City Attorney
Grady Wo Courtne_v. City Mgr.
Tereesa Padgett, City Clerk
~ayor ~ichael called the meeting to order at 7:30 P.M.
The Mayor joined with the audience in a moment of silent
E. Nylund led the F~ag
ReCognition. of Guests:
Mayor ~4ichael ,~.oduced former Mayor Walter Madsen, ~s.
Le~onard E& .Ny~lund, Stephen~ Bradford end Lori Nylund; George
Wil.~?, Presldent of ~.~he First. Bank of Boynton B~ach; forme~
can~zdates for the City Council, Lo Blacketer, Forrest Wallace
and ~zel! Hester; Judge ~art~% R. Durkin~ ~irs. ~ic~hael V.
Mi~.~el; Mark Benjam~_n and Elizabet~h Axun bk%chael; Renice Lens-
rang, Principal of Boynton Beac~ Jr. ~igh School; ~lrs.'~homas A.
Summers; Julia and James Summers.
Regular ~eting D~.g~mber 16, 19~68:
~lr, Nyl~J~nd moved the Minutes of ~he Regular Meeting of December
16, 1968 be accepted as presented. Mr. Gallo seconded and
motion carried %u~nimouslyo
.gLD BUSINESS:
Ordinance 68-31 (2nd Reading) Amending B~ilding Code
Re~ structural Pest contrQl:
City. Attorney read subject Ordinanee b~ caption only,
reading: December 16, 1968.
First
F~. Nylund moved that Ordinance 68-31 be accepted on second
reading. Mx. Collins seconded and unanim=asly carried.
,Ordinance 69-1 (lst Reading)Amending Air Co~ditioD~_n~ Code:
City Attorney re~d s~bject Ordinance in its entimety. Mr° G~u%~lo
moved t~hat Ordinance 6~-1 be passed to second reading. F~r.
NylLmd seconded and motion unanimously carried.
_Resolution 69-A Re: .Abatement of Nuisance - F~ller Property:
City Attorney read subject Resolution in its entirety. Mr. Gallo
moved that Resolution 69-A be passed. Mx. Collins seconded and
motion %Lnanimo%~s.ly carried.
Page No.1
Mayor t4ioba~l stated t2~t only one bid ~ad been received on
this ite~ a~d t~e Tabulating Committee r~l~mended tahe
following:
~alsey-Griffi~h,West ,~,alm Beach
759 o 50
Fr. Gallo moved tl%e recommendation of the Tabulating Committee
be accep~do l~r. Summe~'~ seconded an~ motion unanimously
Three (3) Police Cr~isers_~
Mayor. Mi&heel stated that only one bid had been received on
this item and the Tabulating Committee recommended the follow-
Benz Chevrolet,Lake
~r. Gallo movod the recommendation of tl~e Tab%%la'uing ~mm~ittee
be accepted. ~.$ummers seconded and motion unanimously carried.
ODe (1) Dst,active Poliqe Car=
~4ayor k4ichae! stated th,.t only ~ne bid had been received on
this item and ~e Tabulating Committee recommended the follow-
P~z Ch~,vrolet, Lake ~O.,otn
F~. Gallo n~ved tl~e recommendation of the Tabulating Committee
be accepted, l~r. S%%mmers seconded and motion unanimously
carried.
Reconsider R~ssei! & Axon Pro~osai
Re= ~ettlement of Ha2oin Contract~
City ~nager stated that a meeting ]~d b~n held between ~ue
~esSrSo ~alpin, P~oore, K!inck and himself at which ~4r~ Haipin
agreed to accept a $2,000°00 penalty on Sewage Project NCo
5754-8k~
Mr. Gallo stated that in his opinion the tez~s as set forth in
the Contract should beu~=.ei~, ~ ~ since in ~l~--n~lsh~ug~' ' ~'~' ' - ~e- terms
as stated, this eeuld establish a precedent for the City on all
f%lture contracts.
Mr. Gallo made the motion ~hat t~e City abide by the original
recommer~ation of our Consulting P~gineers oapenaities as
first impose~.o ~ S,ammers ~conded~ndmotion%unan~siy
c~arriedo
Page Iqo, 2
MXNUTES
REGULAR CITY COUNCIL ~RTI~G
JA./~J. ARY 6, 1969
.Receipt of cremation Cert~ifica~e_~k
M~rgan Guaranty Trust COo ~
City Clerk read the following stat/~g t~ey had been checked by
P/-nance and approved by the Cit~ ~L~na~_-
3~,337m50
15,000.00
31,975.00
20,000.00
Series "a"
Series "A"
Series "B'~
Series
Mr. Nylundmoved these Certificates be received°
seconded and motion unanLmously carried.
~Chase k4anhattan Bank
City Clerk read the following stating they had be~_n checked by
Finance and approved by the City Franager=
3293 26,835.00
G04415 186,408.63
4413 42,050.00
4411 12,950o00
4410 13,136o00
4412 10,937.50
4414 1,662,50
Mr. ~ylund ~oved ~hese Cemtificates be received.
seconded and motion unanimously carried.
Consider Petitiqn.~ ~or ~e~%tion{
1. Clyde Worrelt:
~ayor F~chael stated that the request for annexation of 56
acres of the following parcel had been made inasmuch as it
not in the City limits but is contiguous to the Scuth City
limits:
is
Parcel 2 (being in Palm Beach County)o
The north 1023.00 feet of the part of
So W. 1/4 of Section 5, T%~po 46 South,
Range West rte-of-,may liDe of t.he Seaboard
Airline Railway; togethe5 w~th the South
330.0 feet of t.he S~W. 1/4 of the ~.~'~. t/4
of said Section 5, ~,?p~ 46 South, Rm=nge 43
East, less any rights-off-way of record.
Involving some fifty-six acres more or lesso
REC~JLAR CIT~ COUNCIL MEET~G
JA~TdARY 6, 1969
City Attorney advised that if it were ~/~e intent of the City
ouncll to annex th~ parcel, then there xs a 30 day ~lt/~g
period after the second reading of this Or ~d/nance. He further
stated that if there were more than 25 objectors to this
request, a petition should be filed with the City Clerk within
30 days after the second reading of the Ordinance.
city
moved that
Collins s~conded
69--~, in its
2- Banos & Pandelly~
Mayor ~4ichael stated this parcel of land lies across the Intra-
coasta~ Waterway.
City Attorney read Ordinance 69-3 in its entirety, after which
he stated the same stipulations would apply to this request
for annexation as previously mentioned.
~r. Gallo moved that Ordinance 69-3 be ~assod to second reading.
Mt.Col..ins seconded.
Mr. Gallo stated that he £< the City was m~=ing the right
move in aD~exing this parcel of /and as he considered it a step
forward to acquire land on the east side of the !~tza-coac~l
Waterway.
Mr. Summers asked the City Attorney if this could legal!y he
done since it is not contiguous. City Attorney advised ~hat
this parcel ~as contiguous ~,~ith the highW~o
M~yor ~ic~ael stated that the City sh~ald also consider the
costs involvad in supplying police and fire protection to this
area. He further stated tb~t if ~he zoning was going to be
changed, the residents of ~%at area should be heard°
~otion denied 3-2, M~yor Michael, Councilmen Summers and ~ylund
voting against.
Griffith Building Drainage
City F~nager stated that the flooding problem in the r~ar o~
this building could be alleviated at an estimated cost to the
City of $3,500.00°
Mr.Ga/lo moved that authorization be granted to tam City Mana-
ger toundertake this problem in t~ most economical m~r
possible~ ~tr.$u~ers s~conded a~ motion unanimously carried.
REGULAR CITY CODI(CIL
,_JA~JARY 6~ 19,69
Application to Solicit - Boynt_on Beach Jr.,
City Clerk stated that subject Organization would like to
solicit the public through personal contact and letter for t~e
period of Jar~ary 9th through Pebruary 5, 1969.
Request for C~ar~e in B~;eraqe Licenses:
1. Lil General:
City Clerk stated this was a request for change of name only
and there has. been a merger and subject company request the
three licenses they now hold be changed to General ~,ost Corp.
Mt.Gallo m~ved the request for change in name be granted. Mr.
Collins seconded and motion unanimously carried.
2. Theresa Laurel:
City C!erk stated this request is for change of name and owner-
ship. The present license is zssued to George La~3el ~ho is
now deceased. Theresa Laurel, his wife~ has re~aest~d the
license be changed to her n~me and the place of bu~ness wkich
has heretofore been known as "The Laurels" be changed to "The
Timers=~.
~. Gallo moved the trs-nsfer of license be granted as weal as
the business name changed° l~r. Surmmers seconded and motion
unnani~ously carried.
~equest o~ Chamber of Co~m,~c_~e P,e~ Film:
Mr. Courtney stated the money for subject film has been budgeted
and the Chamber of Cormnerce have now contracted for this film,
therefore, they are now requesting the funds.
Mt. Gallo moved that funds be transferred to the Chamber
Commerce for this item. ~ro l{yl~nd seconded and motion una~]i-
mously carried.
N. R~ Field Proposal - Re: Se~er Easement:
City Attorney stated that he and ~r. Courtney
tion with~4r. Field in acquiring an easement across ~l~ Field's
property fort he laying of the force main for Leisureville ~d
they had agreed to the wording of the Resolution granting th~m
to tie into the force main in the future, as provided for in
Resolution 69~B.
Page
MINUTES
REGU~ C1~9f COUNCIL M~ETI~G
JANU, .ARY__ 6, 1~$9 __
The City Attorney then read Resolution 69-B.
}~r. Gallo moved we accept Resolution 69-B. ~.~r. Summers seconded
and motion unanimously carried.
Payments for
Mr. Gallo moved the list of payments as presented be accepted.
Mr. Nylund seCOnded aD~ motion m~nimously carried.
Approval of Bills,=
City Clerk presented the following bills stating they had been
checked by Finance and approved by the City F~nagero
Chamber of Commerce
For.' December $ 690°97
~ys-Robinson Constro Co. $i0,970°06
Mr. ~zlund moved ~e bills as pres~nt~ b~ ~id. 5~.
seceded and motion u~nimously ~rri~.
$%unme~s
Pr. esentation of Plaques~
F~yor Michael s~ted that it wo%~ld he his pleas%%re *:~ present
the plaques to this ~ci! but before doing so he ~ould like
to ~e a f~ ~nts. He %~ent on to say, '~t for
~cil it has been a ra~er tedious two y~s but he did feel
~at progress had ~en mdc. ~ fresher seated tlmt though
~is ~uncil has been a conse~ative one, it did ~t ~ ~y way
hinder the City in ~g tremendous progress. ~ne ~ayor
clued by stating he ~nsidered it ~ e~r~Rely interesti~ ~o
years ~d he pers~ally enj~ed every ~te of i~. ~e
present~ pla~es to the ~oll~g me~s of Council:
Counci~ Leonard E.
~ci~an Gi~ert H. Coll~s
Co~n ~o~s A. $~ners
Viue ~yor Vinc~t J. Gallo
Vice Mayor Gallo then came forward to present M~yor
with a plaque, stating it %vas an honor and privilege to se~;e
with him this past year.
REGULAR CITY COLI~CIL ME. ETI~,~G
J~/~JAR¥ 6 ~ 1969 ,, .
A~ministration of Oat~s of
The City Clerk administered t~e O~th of Office to 1969-1970
Council Mmmbers: Michael U. Michael, Leonard E. Nylund
Thomas Ac Summe~s~
_%~.e City Clerk then administered the Oath of Office to Mayor
Vincent Jo Gallo, Sr.: and Vice ~4ayor Thomas A.
~Ew BUsYm~ss,~
Comments by ,Council Member, s:.
~ V. 14ichael stated that the Citizens of Boynton Beach
i have acted in the past and i %.~'ill try to do a good
for Boynton Beach in the future.
Gilbe~.t H.Collins: Stated that as the oldest member on the City
Council he is now heading for his last year, enjoying every
minute of it as it has been quite a challenge.
Thomas Ac Summers: ~n~_nked ~¢~chae! V. Michael,former ~.~yor
for the privilege of serving under him as he considered him to
be one of the finest F~yors Boy,ton Beach has had~ and extended
his best wishes for much success to Mayor U~ncent
Leonard E, Nylund: Thanked the Citizens of Boynton Bea~
their votes in the last election stating it was a great
of confidence of which he is extremely proud.
V~neent J. Gallo, Sr.= stated~e was extremelyhor~ored to
received the high vote of last year whicl? has now elevated him
to the position as Mayor. ~e went on to say, he was honore~, to
have served under the leadership of Michael Vo ~4ic~s. el as well
as other me~bers of Co,ancil. He considered that a successful
year was accomplishm~ by all~ but there are still many problems
that must be resolved, and hopea that he can serve as the ~4ayor
for the next year Ln such a m~/]ner that the Citizens of Boynton
Beach will be proud.
Rules of Order:
Mr. }~chaelmade the motion that the up-dated version of~=
Rules of Order be adopted. Mr. S%~zmers seconded ~d · ~' ~
unanimously ca~ried.
ADDoint City Offi~ials~
MuniciDal Judge =
Mr. Michael moved that Judge Martin R. Durkin be re-appointed
for ~_he co~ng year..~4~ Nylu~d se'".~o~.~i~
F~UTES
REGULAR CIT~ C0~NCIL ~4EETI~G
JANUARY 6, 1969
F~r, ~i%chael stated that in asking for the r~-appointment of
Judge. Du~kin, he would like to point out-that the leadership
of Judge Durkin in our ~unicipal Court is one of ~he finest
on the East Coast. Stating further, that he has been a tough
but extremely fair Judge,
Motion failed 3-2, ~.~ayor Gallo, Councilmen Collins and Su~ers
dissenting.
Mr o Collins nominated Joseph Tomberg for Judge of the Fs/nicipal
seconded. F-,'ot~on carried 3-2, Councilman
dissenting o
stated for the record, that on behalf of himself
and for th_ Clt~zens of Boynton Beach, he extended
to Judge Durkin for the fine service he has
Judge Ad
~4ro collins moved we appoint Jol~n ~illiams for Judge Ad Litem.
~r. Nylund seconded and motion unanimously carried.
City Attorney ~
Mr. ~ylund moved we appoint Gene F~ore as City At-;~orneyo
S%%mmers seconded and motion ~nanimo~sly carried.
City
i~r. Summers moved we appoint Grady W. Courtney as City
Mr. Michael seconded and motion unanimously carried,
,Appointment of Classified City Offi¢ials~
(See attached list which is made part of these M~nu'kes}
Mr. Michael made the motion we appoint the c/~ssified posi~i one
as read. ~oSummers seconded and motion unanimously carried,
APPointment of Boards ~nd Committees:
Mayor Gallo read the n~es of persons reccmmende~ for t~,he follo~
ing Boards and Committees: (see attached list which is made
part of ~3aese Minutes).
Board of Adjustment
Board of Barber Examiners
Building Board
Cemetery Board
Civil Sel~ice Ap..~eels Board
Inter-Racial Committe~
Library Board
Board of Plumbing Comm.
Recreation & Parks Board
Road Plann/~%g Board
MIA~TES
REGULAR C~I~f COL~CIL MEETI~G
JANUARY 6~ 1959
Boards- ~ontinued.
Planning & ZoD//xg Board Lndustrial Commission
Board of Examiners of Electricians
24r. S%~ners made the motion that the individuals so named be
appointed to ~.he specified Boards and Committees as r~-~. 24r.
Cotlins seconded and motion unan/mo~sly carried°
blt. Michael pointed out that the Industrial commission and the
Road Pl~ng ~oard are the same as those appoint d by the
Greeter Boynto~ Beach Chamber of Commerce.
Autho=ize G~ Dake to make Study'Re= South Second Avenue:
~r. ~i%chael stated that Arnold Ramos of the State Road Dep~rt-
ment suggested that %f we w~nt Second Av?nue a~ .a gr.a.de separa-
tion for I~95, the City would have to make certain ~ana avail-
able; therefore it behooves the City to hav~ this Study made
by the City Planner.
A discussion ensued.
~ir.M~[chael mad~ the motion we authorize Gerald Dake~ ~ae City
Planner, to ~e this s~dy ~d a~< A~ to ~ve it done ~
~esented ba~ wi~ ~irty (30) da~s ~sed on ~e price of
$250.00 ~ot~. ~, ~i~D~ seeded ~d m~on ~ried ~1, ~.
S~rs d~ sen~.
Mr. ~itchael made the motion to instruct ~Jae City Attorney to
prepare a Resolution to the State Road Departmeat requesting
a grade separation over Sour/% Second Avenue°
Motion died for lack of a second.
PUBLIC. AUDIENC_E:
William Edell congratulated the Council, and extended~is best
wishes for continued success in the New Year,
Robert Beyrer of Sterling Village complimented the Co~il on
the very fine job that was done Ln 1968 and expressed confi-
dence that t~is job will continue under the leaderahip of £4ayor
Gallo, ~e ~ent on to suggest that a Certificate of ~{e=it
should be presented remembers %;ho have served on the Boards and
Committees during the year.
REGULAR CiTY C(TJNCIL MEETi~G
JANUARY 6~ 1969 ,
~o~e Echartew DevelOper of Leis~revill, thanked the Council
for their ~onderful cooperation received by his organization
and pledged his cooperation in the futU~o
Mrs. Havens, _S. W. Second Avenue, asked the Council, on behalf
of the residents of Second Avenue, t~at they be kept completely
info~med on the plans for S. Wo Secon~ Avenue, so they can plan
accordingly.
T~ere berg no £~rt~er business, ~4r. ~.i~cl%a~l made t~e motion
the meeting be adjourned. ~ir. Collins seconded and motion unani-
mously carried.
~nard E. Nylund, Co~lman
(t~rs.)Tereesa ~/~ge~t, City Clerk
Page No. 10