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Minutes 06-03-68MiNUTES OF REGULAR C~-Y COUNCIL MEETING HELD AT CITY RALL,~ BOYNTON B~-3~CH~ FLORIDA ON MO.~IDAY ~NE 3~19~8 at 7:30 P.M. Michael V. Michael~ Mayor Vincent J. Gallo, Vice Mayor Gilbert I~. Collins, Councilman Leonard E. Nylund, Councilman Thomas A. Summers, Councilm~n Grady W. Tereesa Courtney,City Manager Padgett, City Clerk ABSENT: Gene Moore, City Attorney Mayor Michael called the meeting to order at 7:30 The Invocation was given by Grady W. Courtney, City Manager and the Flag Salute was led by Mayor F~tchael V. Michael. ~ecognition of Representatives of Civic Organizations: The Mayor introduced Mr. Cess Farrar, Executive Secretary of the Greater Bo~ton Beach Chamber of Commerce and Mrs. Mark ~ite, member of the Woman's Club and Staff member of the Bolrnton Beach Star. RecoGnitioD of Travel Group: The F~yor recognized visitors from Kershaw, South Carolina. Mrs. Ellis, President of the Organization came forward to thank the City for their hospitality. Mayor ~ichaet stepped down from the dais, to extend a welcome to the visitors and presented a key to the City to Mrs. Ellis. MINUTES: Regular Meeting - May 20th, 1968 Mr. Nylund moved the Minutes of the May 20L1968 meeting be accepted as presented. Mt. Summers seconded. Unanimously carried, OLD BUS-~JE~S: Consider Purchase of Beach Property: Mr. Sum]hers explained that there was only one parcel of beach property left which adjoins the i~unicipal Beach and wondered if the City was planning to pursue this further. Mr. Gallo asked if Mr. Dutch had an opportunity to discuss this with the owners. Page NOo 1 MINUTES REGUI~AR CITY COUNCIL M~ETING Ji~_'E3, 1968 Walter Dutch, realtor, c~me forward and explained he had dis- cussed t/~e property with l~r.Barkowitz, attorney for owners, and t~ey have extended their offer until June 3rd, so the City Council could make a'decision. The first step would be for the attorneys for the seller and the City to have a meeting and discuss the financial details. Much discussion followed. F~r.Gallo made the motion that the two attorneys have a meet- ing to discuss the purchase and try to come up with a work- able financial solution. ~. Summers seconded. Mr. Nylund stated we are not able to maintain the beach now, and wondered how the City~uld be able to maintain additional property. Mr. Courtney wondered whether or not this could be ~n area project, which would Lnclude Ocean Ridge and the County, rather than $ City project. Mr. Collins stated he had discussed with Commissioner George Warren the possibility of the County leasing the Municipal Beach, and Mr. Warren appeared very interested. ~.Gallo stated that he ~%ought this possibility merits con- sideration, but in the interim, since time appears to be of the essence, the two attozneys should get together. Mayor Michael stated that he feels we do have a fine beach, but unfortunately, it is not in the City limits. He went on to say~ we do not have the right to patrol and cannot influ- ence any zoning and felt that the purchase of additional beac/~ property would be an extravagance which the City could not afford at this time~ sLnce the City is facing increased operational costs at this time, and if the beach property is purchased, the ~yor did not feel we could hold the millage at the present rate. The Mayor then asked for a vote on the motion. Motion was denied 3-2, Councilmen Nylund and Collins, and ~yor Michael dissenting. Mm.Collins then made a motion that the C%ty get together with the County and see what arrangements can be made abou= leas- ing our beach over to the County and have t/%e County take care of it as at the present time, the County does not have beach facilities in the south end of the County. Motion died for lack of a second. Page No.2 M/iqUTES REGULAR CITY COUNCIL MEET~G .JUNE 3, 1968 Mr. Dutch again came forward to state he had neglected to advise the Council that in his conversation with the sellers' attorney, he learned the sellers were leaning strongly towards a bond situation rather t~an a purchase money mortgage, there- fore the City could purchase the beach property without a cash outlay. BiDS - 7:45 P.M. ..OPE~/xNG: Mr. Nylund moved the receiving of bids be closed and the bids which have been received be opened. Mr. Gallo seconded. Unanimously carried. ~sura~ce: ,~ayor Michael asked the City Clerk to advise the City Council of the bids received, but due to the length of the bid, they would then be turned over to the purchasing agent, and any interested parties in the audience would be entitled to study the bids. The City Clerk opened ~he following: 1. Hartford Insurance Group Harvey Oyer, Jr. Agency~ Boynton Beach 2. Walter Dutch, Boynton Beach 3. American Fire & Casualty Co. Allen Insurance Agency, Boynton Beach b~. Gallo moved the bids be received and turned over to the Tabulating Committee. Mr. ~ylund seconded. Unanimously carried. Call for Tenders: City Clerk read a letter received from James Somerville, of Security Planning, Inc~ in which he offered three (3) Bonds numbered 535, 536 and 538 to the City at $995.00 each plus accrued interest to date. F~. Summers made the motion ~he City accept Mr. Sommervitle's proposal and draw lots on the additional twenty-five (25) Bonds. Mr. Gallo seconded. Unanimously carried. Mayor Michael asked the Chief of Police, Gerald H. Thompson, to draw the twenty-five (25) additional numbers which are as follows: Page Mo. 3 MINUTES I~GULAR JU~E CITY 1968 C(K~NCIL F/gET ING 1. 469 10. 375 19. 424 2. 124 11. 280 20. 33 3. 91 12. 378 21. 455 4. 457 13. 18 22. 686 5. 418 14. 542 23. 6. 548 15. 563 24. 109 7. 381 16. 475 25. 17 8. 329 17. 391 9. 357 18. 115 .qr. Gallo made the motion that the twenty-five (25) numbered Bonds be re-deemed. Mr. Summers seconded° Unanimously carried. _A~$ARD Ib~G: C.A.T.V.: Mr. Gallo made the motion that this item be tabled inasmuch as the City Council has not had an opportunity to discuss this as a Tabulating Cormuittee, due to the death in 9~. Nylund's family and Mr. Summers' illness. P~. Sum=mers seconded. Unani- mously carried. PUBLIC ~ARING - 8:00 P.M. Mayor Michael read the following Parcel 1: Lots 34 to 37, requests for change in zoning: inclusive, Block 18, Rolling Green, 1st Addition Request: Conditional use to allow construction of church. Location:iS16 N. E. 4th Court Applicant: Congregation of Jehovah's Witnesses Mayor Michael th~u asked for anyone in 'the audience to come forward who was in favor of this request. M~. HaZy presiding b~nister of Jehovah's Witnesses came for- ward and explained that they plan to build their Church on 2/3rds of an acre rather than the required one acre of land, with the required parking facilities to comply with the zoning. Mayor k~chael then asked for anyone in the audience to come forward who objected to this change ~n zoning. No one came forward. Page No. 4 MINUTES REGULAR CITY COUNCIL MEETI~IG JUNE 3, 1968 ~.Gallomade the motion that the City grant this request, subject to the Board of Adjustment allowing for the variance ~at is necessary for the construction. Mr. Collins seconded. Unanimously carried. Parcel 2: Lot 22, Block 1~ Frank Weber Stub-Div. Request: From R-1 to P~2A Location: 137 N. W. 10th Ave. Owner: Lottie Linton ~4ayor Michael asked for anyone in the audience to come for- ward who was in favor of this request. No one came forward. The ~ayor asked for anyone to come forward who was against this request. No one came forward. Fir. Nytund moved we take the Planning & Zoning Boards' recom- mendation and grant this request. ~,~. Summers seconded. Motion carried 4-1, Mayor Michael dissenting stating he felt anyone who had requested the change in zoning should indicate an interest. Parcel 3: Lots 10 thru 18, inclusive and Lot 32, Block 2, Lake Boynton Estates Request: Fro~ R-1 to C-1 Location= 619 N. W. 1st Ave., Owner: J.I. Kislak Agency, Inc. of Florida Mayor ~chael then asked for anyone in the audience to come forward who was in favor of the ~ange in zoning. George Clays, representative of J. I. Kislak stated that the property directly in front of ~his parcel is zoned C-l, and since this property is to be used for commercial development, the change was requested so the additional depth needed for the building could be obtained. Mayor Michael then asked for anyone in the audience to come forward %~ho objected to this change zn zoning. one c~me fort;etd. Mt.Gallo moved the zoning request be granted as recommended by the Planning & Zoning Board. Mr. Collins seconded. Unani- mously carried. Page No.5 MINUTES REGU .I~R CITY COUNCIL MEETING JUNE 3, 1968 Ordinance 68-12 - ~-ffecting Zoning Change on Parcel ...(!st Reading): City ~nager read Ordinance 68-12 in its entirety. Mr. Gallo made the motion that Ordinance 68-12 be accepted on 1st reading. ~4r. Nylund seconded. Unanimously carried. Ordinance 68-13 - Affecting Zoning Change on Parcel ~2 . (lst Reading): City ~4anager read Ordinance 68-13 in its entirety. ~4r. Nylund made the motion that Ordinance 68-13 be accepted on first reading. Mr. Gallo seconded. Unanimously carried. Ordinance 68-14 - Affecting Zonin~ Change on Parcel ~3 _(!st Reading): City P~nager read Ordinance 68-14 in its entirety. F~. SUmmers moved Ordinance 68-14 be accepted on 1st reading. ~4mo Gallo seconded. Unanimously carried. PUBLIC AUDIenCE: James L. Breedlove - Florida Power & Light Co.: ~r. Breedlove presented the annual franchise check for $65,591.61 to the City Council. In making the presentation, }4r. Breed- love noted the increase ~n franchise revenues over last year indicated a City growth of i2.6%. NEW BUSINESS: None LEGAL: Ordinance 68-10 (2nd Rea~inq) Pension Plan: In the absence of the City Attorney, City Manager, Grady W. Courtney, read Ordinance 68-10 by caption only. Mr.Gal!o moved Ordinance 68-10 be accepted on 2nd reading. Mr. Summers seconded. Unanimously carried. Ordinance 68-11 (2nd ReadinG) Amendinq Chapter 13 of the Code: City ~4anager read Ordinance 68-11 by caption only. l~r. Gallo moved Ordinance 68-11 be accepted on 2nd reading. ~4r. Nylund seconded. Unanimously carried. Page M/~.NUTES REGULAR CITY COUNCIL MEETING _JUNE 3, 1968 Resolution 6S-D Re: Improvement of 2nd Avenue: City ~nager read Resolution 68-D in its entirety, then stated this is required by the State Road Department inasmuch as Federal Funds are involved. Mr. Gallo moved Resolution 68-D be passed. Mr. Summers second- ed. Unanimously carried. ADMi~ ISTP~ATIVE: Consider Request .of Delray Dunes, ~nc. for Water Service: City k.~nager stated we had a request from Delray ~anes, Inc. to furnish wa=er in the area-located at the S. E. corner of Military Trail and Golf Road, west of Boynton Beach. After much discussion it was decided that if the Corporation involved wanted to go through the expense of putting in the line, the City would be pleased to furnish the water under the established policy. Mr. Gallo moved we furnish water to Delray Dunes, Inc. under the established policy and rates. ~4r. Summers seconded. Unanimo~sl~"carried. Civil Service Resolution: City Manager stated that he had received the Resolution chang- ing the Civil Service Rules and Regulations and he needed unanimous consent from the City Council to place it on the Agenda. Mr. Summers stated he had read the revised Civil Service Rules & Regulations~ and he felt there were various inclusions necessary regarding performance ratings for probationary employees. Much discussion followed. Mr, SLummers moved that administratively some record must be kept on probationary employees so that at the end of the six month probation period, the City has some record of the employees' qualifications. I~. Gallo seconded. Motion failed 3-2, Mr. Nyl~.uD~d, Mr. Gallo and l*~yor Michael dissenting. Mr. Nylund stated that due to the fact he was out of the City he had not had an opportunity to study the revised rules. It was therefore decided that this item would be placed on the Workshop Session of June 17th. Page No.7 MI~JTES REGULAR CITY COUNCIL MEETING JUNE 3, 1968 Consider Installing Traffic Flasher UoS. ~1 Mr. Court-ney stated the request for traffic flashers was made in an effort to lessen the traffic hazards at t~is loca- tion. The State Road Department has approved this request and the City plans to place over-head suspended flashers at this intersection. Mmyor Michael asked what the cost to the City would be to install this traffic flasher. Mr, Hopkins~ Public Works Director, advised that the approxi- mate cost to the City would be $750~00 - approximately $550°00 for parts and laborfor the lights and approximately $200.00 for Florida P~,er & Light to energize. ~yor Michael stated that the City Counci! had prevmously tried to get the median strip changed so the entrance would be at Sterling Village but the State Road Department would not permit this since it interferred with the flow of traffic~ but the installation of traffic flasher should alleviate some of the problem. Mt. Gallo moved the City approve the installation of this traffic flasher and authorize the City Manager to go out for bids. Mr. Nylund seconded. Unanimously carried. Supplemental Aqreeqment - Russell &Axon~ Consultinq Enqineers City ~anager stated that at the request of City Council, Russell and Axon were asked to draw up a supplemental Agreement on a comprehensive water and sewer study and the necessary expan- sion of the Sewer Plant which has now been presented. Mayor ~Michael questioned whether this Agreement was satis- factory to the City. The City Manager stated that in his opinion it was. Mr. Gallo moved we enter into this Agreement with Russell and Axon as presented, l~r. Collins seconded. Unanimously carried. ReDlat of Village Royale - Relocating Utility Easement City Clerk stated the developers of Village Royale have sub- mitted a plat showing the re-location of the utility easement. Mr. Summers moved the City approve the plat relocating the Utility Easement. Mr. Gallo seconded. Unanimously carried. Page NCo8 MINUTES REGULAR CITY COUNCIL MEETING JUNE 3, 1968 F~/tuat Aid Agreement - Police Department City 2~2unager read the Mutual Aid Agreement as presented by the insurance carrier. ~Wir. Gallo questioned whether there was a personal injury liability clause included. Mr. Alien~ the Insurance Agent, came forward to state this agreement did not include a personal injury clause but one c~uld be added. Mr. Gallo made a motion that the City accept the Mutual Aid Agreement, Since time was of the essence, with the stipula- tion that a personal injury clause be included, b~, Collins seconded. Unanimously carried. ~pproval of Bills: City Clerk presented the following bills and stated they had been checked by Finance and approved by the City Manager. 1o Russell & Axon, Consulting Engineers Period: April 25-May 24,1968 $ 300.00 2. Miracle Equipment Co. For: Kiddy Playground at Civic Ctr. $ 714.00 3. National Cash Register For: Partial Payment on Contract $1,743.00 Mr.Gallo moved we approve these bills for payment as pre- sented. Mr. Summers seconded. Unanimously carried. OTHER: Budqet Review: Mr. Cou~cney asked if the City Council could meet to discuss the Budget in regard to wage increases for City employees, and this they agreed to do, on Thursday, June 6, 1968 at 7:30 P.M. at which time, they will also meet with the Tabu- lating Committee to discuss C.A.T.V. and other matters. Ordinance 68-15 (lst Reading) Re: Sewer Connection Charges- City 14anager read Ordinance 68-15 in its entirety. Mx. Gallo moved we pass Ordinance 68-15 to second reading. Mr. Nylund seconded. Motion passed 4-1, Mayor Michael dis- senting. Page No. 9 MINUTES REGULAR CITY COUNCIL MEETING _JUNE.3, 1968 There being no further business, Mr. Gallo made the motion the meeting be adjourned. F~r. Sammers seconded. Unanimously carried. Meeting adjourned at 9:35 P.M. · ' ael Vo' Michael, Mayo~ Giibe~ H. Collins Mayor :ouncilman nard E. ~ylund, ~nciIman Thomas A. Summers, Councilman ATTEST: (~3~r s. ~sa~/Ci~erk Page No.10