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Minutes 11-20-67MINUTES OF REGULAR MEETING OF THE CITY COGNCIL OF THE CITY OF BOYNTON ~ BEACH~ FLORIDA~ HELD AT CITY HALL~ ~ONDAY, NOVEMBER 20~ 1967~ 7:30 P.M. PRESENT: Michael V, Michael~ Mayor Gilbert H. Collins, Councilman L~ E. Ny!und: Councilman A. Clyde Worreil, Jr.~ Councilman Joseph Humphrey, City Attorney Grady Courtney~ City P~anager Tereesa Padgett, City Clerk ABSENT: Thomas A. Summers~ Vice ~Z~yor Ymyor biichael opened the meeting. Invocation was given by Father Vann St. Mark's Catholic Church and the flag salute was l~d by Councilman Nylund. MINUTES b~, Worrell moved that the Minutes of the Regular Meeting of November 6, 1967 be approved as written. Seconded by ~. Nylund. Unanimously carried. OLD BHSIi%~SS Consider reeuest on Special Assessment Lien #66-2 (On Table) Nm, Ny!und moved that this ~eq~est on Special Assessment Lien #66-2 be removed from the table. Seconded by Mr. Collins. Unanimously carried. Discussion held. Mr. Worrell moved tbat we abate the $422.75 and waive the interest on the Special Assessment Lien ~66-2. Seconded by Mr. Collins, Unani- mously ca,tied. ~efund requested on sign permit fee (On Table) Mr. Nytund moved Co remove the sign permit fee refund from the table for discussion. S~conded by)~. Collins. ~nanimously carried. Discussion held. Mr. Worrel! moved that this fee be refunded in full to Jerry Earl Pontiac. Seconded by Mr. Nylund. Hnanimously ca~ried, BIDS 7:45 P.M, OPENING 1. Four (4) Police Cruisers 2o One (1) 1/2 Ton Pickup ~uck ¥~. Nylund moved tbmt the receivin~ of bids be closed for the four (~) -i- MINUTES REGUkRR CITY COUNCIL ~ETING NO~;EMBER 20: 1967 Police Cars and One (i) 1/2 Ton Pickup T~uck. Seconded by ~. Worrell. Unanimously carried. The City Clerk operad the following bids fo~ the four Police cars: 1. Joe Rose Motors~ Delray Beach - $9:474.12 Trade Un $1~000. - Net Bid 8~474.±2 Delivery ~ithin 40 to 60 days. Plymouth Fury 4 door sedans. 2. Jerry Earl Pontiac: Delray - $ 9~843.12 Trade in $i~450.00 - Net Bid - 8,395.12 Delivery within 45 days unless delaye~ by strike. Catali~as - 4 door. Bid Bond for $492.16 included with bid. Palm Beach Dodge~ Inc. - $ 9~438.48 Trade in $875.00 - Net Bid 8:565.48 Delivery within 40 to 60 days. Dodge Police Persuit. Cashiers Check for $485.94 with bid. Adams Chevrolet: Detray Bch - Trade in $1~710. - Net Bid - Delivery within 45 working days subject to acts of God g labor s ~r ~es. Biscayne Model 4 door, power L~akes, plus disc front brakes - ~,~ not desired deduct $50. per unit. Cashiers check for $400.80 enclosed with bid. $9~725.92 8:015.92 Benz Chevrolet, Inc.~ Lake Worth- $9,663.24 Trade in $1,600. - Net Bid 8,063.24 Delivery within 60 days. Model 15469 Biscayne C~shiers Check for $403.16 enclosed with bid. M~, Worrei! moved we accept these bids and that they be ~arned over to the Tabulating Committee (Cit>, Manager, Chief of Police and Pur- chasing Agent). Seconded by Mr. Nylund. Unanimously carried. The City Clerk opened the fo_lowing bids for the 1/2 Ton Pickup Tmuck: 1. Benz Chevrolet~ Lake Worth $1,565.00 T~ade Jm $700.00 - Net Bid 865.00 Delivery within 45 days. Model CS10704 Step~Side Pickup. -2- MI~dTES REGULAR CITY COUNCIL ~.ETING NOVEMBER 20, 1967 2. Adams Chevrolet, Delray - $1,66~.81 Trade in $873.81 - Net Bid - 792~00 Delivery within 45 days subject to acts of God ~ Labor strikes. ~Jodel CS10704 Step-Side Pickup. Mr. Collins moved that these bids be accepted and turned over to the Tabulating Committee (Public Works Dept. MgT. ~ Public Works Director and the Shop Foreman, City I~anager and Purchasing Agent.) Seconded by Mr. Nylund. Unan/mous!y carried. PUBLIC AHDIENCE Norman Braytey~ 2815 S.W. 9th Street, came forward and advised the Council that he had given the City Clerk a letter and would like very much for her to read it at,this time. The letter referred~ to the Trailer O~dinance that was coming up on first reading tonight. The City Clerk read same. Emily Jackson, 728 N.E. 9th Avenue, came forward spe~kingon the same subject and advised that if we have a law on the books now that we can't have trailers, campers and boat trailers etc. ~hat we should not have such.a law. After all boat trailers are needed here. We want people to come to Boynton Beach and after all when they come down here they expect to have boats and trailers, etc. F. T. Rogers~ 333 S.W. 9th Avenue, came forward and addressed his first question to the City Attorney and asked him if a resident is allowed to park a boat and trailer on City property. Mr. Humphrey read from the City Code on 30-2 restricting any motor trailer~for any period of more than one hour, etc. ~m. Rogers then asked the City ~nager if the City or the contractor doing the sever work for the City is responsible for putting private property ba~ in the same condition that it was in prior to the in- stallation of the sewer. Mr. Courtney advised h/m that they~ the contractors, are liable for this and that the City will make sure that all property is put back in the original condition before final pay- ment is made to the contractor. Mr. Rogers further advised that he has a concrete approach to his home and the contractors have cut off a big slice o~ it and also d~maged considerable amoun~ of grass and destroyed 800 ~o 900 ~eet of Bermuda grass. ~{r. D. Roehm, South 27th Terrace: questioned where people are to vote ~n the elections. He advised that he always has voted st the Civic enter and that at the last election when he arrived a~ the Civic ~enter to vote they advised him ~nere that he b~d to go over to the Women's Club. F~yor Michael advised him that the County was the one responsible for using the Women's Club and that it was a County Elec- tion. The City Elections are always held at ~ne same place and have been for quite some time. MINUTES REGULAR CITY COUNCIL ~.~ETING NOVEMBER 20~ 1967 Har~y Harmes, 919 S.W. 27th Place, came forward regarding the t~ailer ordir~nce. He advised that in his opinion this was an unnecessary and probably unwarranted police power of the City~ stating that this ordinance prohibits any private proper'~y owner in th~ city from stor- ing a camper Or trailer on his own private property. O. H. Adcock: 626 N.E. 10th, came forward and spoke in favor of stor- ing travel trailers on private property~ M~. Brayley came up again advising he was in touch ~ith the City Attorney and that he also talked with the Police DepBrtment and they informed him that the City Council advised him that the Ordinance is unconsEitutional and consequently they could not do anything about it. Fred ~rmstrong, 3021 E, Palm Drive, came forward advising he had a boat and trailer wh%en he kept on h~s proper~y and felt he ha every right in the world to do so. Raymond Martin~ 919 S.W. 27th Way~ came forward to~dvise the Council that he complained to the Police Department regar~?~g a trailer that he has had to look at for over 30 days now and st%ll nothing has been done about it being removed. D. ~. Ripple~ 91~ S.W. 27th Ptace~ came forward also'regarding the trailer ordinance. He thinks it should be enforced and all trailers and campers removed from private property: etc. City Manager advised at this point that this Ordinance was brought to their attention by the Chief of Police after discussing the legality of it with the attorney and we want to point out by the Charter that the City Attorney is advisor on all legal matters for the City. We asked the Police Department ~o hold up until the Council decided what should be done on this ordinance. We are only waitlng until this question has been determined then the Police Department will be in- structed with no reservations to enforce the or~ina~c~ at any time. Bs soon as $ decision is made I assure you we wzll enforce the law. NEW B~SIh~SS Mayor l,{ichael stated that approximately six months ago the City Council made a water rate increase~ and requested the City Manager to make a preliminary survey at this time to see i~ we are meetin~ our goals or falling behind. We have been through this program now long enough to show where we stand on this. LEGAL Ordinance 67-15 (2nd Reading) height of hedges~ etc~ (On ~able) Mr. Worreil moved that Ordinance 67-15 be removed from the table for discussion. Seconded by ~. Collins. ~nanimousty carried. REGULAR CI%~f ~OUi',~CIL ~,~ETING NOVE~4JER 20, 19 67 ~-~. Womrell moved that we 9'ire this hedy'e and fence o~d/nanee a nega- tive vote at this t~ae. Seconded by i, ir. Nylund. Unanimously carried, City Attorney read the title of O~dinanee 67-15. Ordinance 67-24 (lst Reading) New Hedge and Fence Ordinance - replac- ing Ordinance 67-15. i,~r. Worrell moved that we substiTate Ordinance 67-24 on Hedge and Fence Ordinance. Seconded by l~m. Collins. Hnanimou~ly carried. Cit~ Attorney read Ordinance 67-24 amending 67-15. Discussion held. i~ir. Worrel! moved that O~d~nance 67-2~ be passed on first reading. Seconded by i~lr. ~fylund. UnanJJnous!y ca~ried. OpdLnance 67-19 (2nd R, eadincf) Lot mowinq. City Attorney read Ordinance 67-19 by title only. Mr. Nylund moved that Ordinance 67-19 be passed on second reading. Seconded by I~. Collins. ~nanimously carried. O~inance 67-20 (2nd Readinq) - Rigid Sig, n,,.Const~uct~on. City Attorney read Ordinance 67-20 by title only. Discussion followed. 1~, Ny!und moved that Ordinance 67-20 be passed on second reading. Seconded by ~r. Collins. ~nan~aously carried. Omdinanee 67-21 (lst Read~]g) Amendin9- Fee Schedule for Siy-n Permits- (On the Ta~31e). i.!r. Worreli moved that this ordinance be removed f~om the table for discussion. Seconded by ~i~. Nylund. ~nan/mously City Attorney read Ordinance 67-21 on ~irst reading. ~r. Worrel! moved tl~t Ordinance 67-21 be passed on first ~ead/ny-. Seconded by ~_~r. ~ylund. Unanimously carried. Ord, inance 67-22 (2nd Reading) - Compensation ~or City Engineer. City AttOrney read Ordinance 67-22 by title. Discussion held. ~. ,Nytund moved that Ordnance 67-22 be passed on sseond reading. Seconded by i¢~. Collins. UnanJ3,]ousty carried. -5- MIi~dTES REGULAR CITY COUNCIL NOVEM.~ER 90D 1987 Or~irmnce 67-23 (lst Reading') - Amending Trailer Ordinance (On Table) Mr. Worrell moved that Ordinance 67-23 be removed from the table discussion. Seconded by Mm. Collins. UnanDnously carried. City Attorney mead Ordinance 67-23. Discussion held, ~. Collins requested the City hanage~ get a copy o£ the ~£ailer Ordinance from Boca Raton~ Delray~ Lake Worth~ etc. Col. Wehrell came forward me no objections to campers om boat trailers~ e~c. but not a mobile home Traile~ or house trailer. Mr. ~ylund moved that O~dinance 67-23 be ~albed until next workshop meeting. Seconded by ~4r. Worreli. Unanimously carried. ADMINISTP~TIVE Consider reGuest of Bo,vnton Beach Jaycees to use soun~ truck. City Clerk read iettem from Ch~]~ber of Cormnerce. Mr. Nylund moved the request for the Chamber of Commerce be granted~ Seconded by Mr. Collins. ~nanimous!y carried. Consider request of and to solicit. Seventh Day Adventist Church to use Sound truck City Clerk read the letter, ,~. Ny!und moved the reques¢ by the Seventh Day Adventist Church be granted. Seconded by ~. Worrell. Unanimously carried. Authorization requested to q-o Qut for~--bids on: 1. Two (2) Mobile Radios - Police Dept. 2. One (1) Motorcycle - Police Dept. 3. Base Station - Public Works Dept. Mr. ][ylund moved that we go out for bids on the two mobile radios; one motorcycle, and the Base Station. Seconded by Mr. Womrell. Unanimously carried. Confirmation of appointment o_~ Harold Hopkins as Public Works Director. City Manager read letter appointing3 Harold Hopkins as Public WorP~ Director. He advised that this was confirming his appoiutment based on the regular six months probationary period. 1~. Worrell mov_ed that this appoin~ent be confirmed for Harold Hopkins based on the s%× months probationary period. Seconded by ~v~r. Collins. ~nanJ3nous !y carried. MI%~dTES REGULAR CI_~ COUNCIL P'~.ETING NOVEMBER 20, 1967 ~pprovat of Bills J. P. Carroll & Co. $934.90 for removing turbine pump and repairing turbine and installing ~11. ~;~. Worrell moved that this bill for J. P~ Ca~roli g Co, for $934.90 be paid. Seconded by Mr. Nytund. Unanimously carried. Fruda & Humphrey $1~49!.00 Mayor Michael requested Joe Humphrey to please read the itemized bill. Joe Humpnre3 read the itemized bill. I~. Collins moved that this bill ~or Fruda g Humphrey for $1~491.00 be tabled, l~]otion failed for lack of a second. Mr. Worrell moved that the bill for Fruda & Humphrey in the amount of $1,491.00 be paid. Seconded by Mr. Nylund. Unanimously carried, ~.~yor l{ichael commended the City Attorneys for submitting such s complete and itemized bill. Davco Mfg. Co. $512.10 Mr. ~ylund moved we pay this bill. Seconded by Mr. Collins. ~nani- mously carried. City Attorney discussed a Doctor's bill for a person who was taken to the hospital by the Police Department after being wounded. The officer took this man to the hospital and signed him in. M~. Courtney said he just 9ave the City Attorney this bill to ge~ his opinion as to whether the City should pay this Doctom or whether or not the City should check with the County where the injured man was convicted of a felony~ as to whether or not the County should pay this bill. City Attorney advised the City Manager to check and see if the County would pay it. If so~ fine. Otherwise if they re,use to pay it then the City will have to pay it. City Attorney discussed Section 13-2 and S of our ordinances requir- ing garbage cans. This has to do with Sterling Village. Nothing in the Ordinance stating one can ~or each living unit. AsSr as he can see from the ordinance at this time there is no violation of the City ordinance and he suggested that a check be made with the Public Sanitation Department to see ii ~x~ have a sanitation problem. -7- MIk~JTES REGULAR CITY COUNCIL Iv,~.ETING NOVEMBER 20~ 1987 l~ayor Michael acknowledged and introduced the candidates run. ning fo.~ City Couneil~ Jim Gallo: L. R. Blaekete~ Curtis Wea~er & Gib Collins. City Clerk mequested a date and time be set fo~ canvassing the votes ~om the election of November .21st. Wednesday~ Novembe~ 22nd at 9:00 A._~. was set and agreed to by the Council. City Clerk advised that Rev. Lee had ~equested that Benjamin C~in be approved as his poll watcher. M~: Wo~ell moved tha~ h~ ~equest be granted. Seconded by ~. Collins. Unanimously cad. med. The Mayo~ asked if any of the othe~ candidates wanted poll watchers. They answemed negatively. City Cte~k advised ~eceip~ of request from the Lions Club. ~.~. WorPell moved that the Lions Club be ~iven approval to solicit Christmas tree tickets and sell Christmas t~ees in accordance with rheim ~equest. Seconded by M~. Collins. ~nanimously ca~ied. A DJOU/~MENT [~r. Nylund moved that the meetin9~ be adjourned. Seconded by Collins. Llnan~mous ly cammied. ~'leeting adjoumned at 10:00 P.[~I. CITY OF BOYNTON BEACHI FLOR,IDA Michael V. Hichael ~ ~ayo~ Gil'ber~ H. Coltins~ Councilman LeOnard' E. Nylund~ Cd~n~Rman~ A. Clyde Wo~e!l, J~. ~ CounCilman 'Tereesa Padge~C~ty -8-