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Minutes 05-18-70MINUTES OF REGULAR CITY COUNCIL MEETING HELD AT CITY HALLs BOYNTON BEACH~ PLORIDA~ MONDAYs ~AY 15~ 1970~ AT 7:30 P. M. PRESENT: Thomas A. Summers~ Mayor Mrs. Emily Jackson~ Councilwoman Michael V. Michael~ Councilman Leonard E. Nylund~ Councilman ABSENT: Forrest L. Wallaee~ Vice Gene Moore~ City Attorney Harold Hopkins~ Acting City Tereesa Padgett~ City Clerk (illness) Mayor Summers called the meeting to order at 7:30 P. M. Harold Hopkins gave the invocation and Flag Salute was led by Michael V. Michael. Mayor Summers reported that Councilman Wallace is home from the hos- pital and expected to resume City business within a short time. SPEC/AL GUESTS Robert Beyrer - Concerned Citizens and Sterling Village Senior Citizens John Shepard - President Greater Boynton Beach Chamber of Comme~ce Bertha Welch - Sorosis Club ANNUAL EMPLOYEE REC.OQ. NITION Ten and ~ifteen year employees were recognized as ~ollows: Ten year - Obie Butler, Earl McDowell and Ada Shook Fifteen year - Arthur Blaek~ Willie Bagley and Albert Daniels "RID LITTER DAY" Joan Dou9herty and Maureen McMullen~ students of Boynton Elementary School presented bad,es to Council members for Rid Litter Day to be worn on their lapels. Mrs. Jackson reported she had received donations of $170 to be applied toward this project. Certificates will be given to those participating and litter barrels will be purchased and signs made so litter can be deposited in barrels ~ rather than strewn throughout the City. Mrs. Jackson thanked various civic organizations and newspapers for their cooperation. -1- MI~QTES REGULAR CITY COUNCIL MEETING MAY 18~ 1970 ~INUTES - Regular Meeting - May 4, 1970 Mr. Nylund moved that minutes of May 4th meeting be approved as writ- ten: seconded by Mrs. Jackson and motion carried 4-0. .[UBLIC AUDIENCE Robert Beyrer~ Sterling Village Senior Citizens thanked Council for steps taken regamding purchase of beach property. Expressed his regret that Mr. Wallace is not present to personally be commended for his efforts. He was advised by Councilman Michael that the new City Manager is terminating his military service in Washington, D. C. and is also visiting governmental agencies in Washington with regard to preliminary work for financing the purchase of beach property. Albert Wehrell - stated that before long Boynton Beach will probably be forced to provide complete treatment of the sewage. He mentioned a method that puts to use that which is mostly wasted and which eliminates poI~tion. He stated our present method i~ to use primary and secondary treatment. He stated the present method ms not tertiary treatment and this should be considered. Eddie Mitchel!~ 329 NE 12th Ave. - Requested information on the final plans for work mt Wilson Center. Mr. Hopkins advised that motion was made to proceed with the facility at Wilson Center. BIDS One (1) Steel Recreation Buildin~ The Acting City Manager reported that only one bid was received on this item (from Game-time ~ Inc.) and subject bid did not meet specifi- cations. He further recommended that the Building Department sketch out a masonry type building and go out for bid again. Approx.. 3600 ft. of chain link fence and gates Bids were received from the following: Bill Overton~ Fence Contractors of Broward~ West Palm Beach Frank English: betray Beach Sears Roebuck g Co., West Palm Beach Tropical Fence~ Ft, Lauderdale --2-- IBC · 9~488 8~180 8,000 9~127 MINOTES REGULAR CITY COUNCIL ~ET!NG MAY 18~ 1970 .B~DS, contd. The Tabulating Committee, composed of Harold Hopkins and Bill 8ullivan~ recommended that the bid of Frank English be considered at the best low bid. Mr. Eichae! moved that we reject the hid on. The recreation building and re-adv~tise. On the ,ma§onmy ~ype building~ and table awarding of bid for chain' llnk fence, $1econded by ~S, J&ckson'and motion carried 4-0. PUBLIC HEAR/~NGS Consider requests for change in zoning - Parcel #1 - Lots 7 g 8, Block 4, Lake Boynton Estates Plat 1 728-730 N. W. 1st Avenue R-1 to R-2 Catherine D. Torgow No one spoke in favor of the request. Evelyn Howell, 647 SW 1st Court: Lake Boynton Estates objected to zoning request for Parcel 1. She submitted a petition with 75 signatures. Mrs. Amelia Spallina, 642 W. Ocean, objected to zoning request for Parcel 1o Mr. Michael moved that request from R-1 to R-2 by Catherine To,ow for Parcel #1 be denied. Motion seconded by Mrs. Jackson and motion car- ried 4-0. Parcel ~2 - Lots 1 to 5 incl, Block 56A~ Lake Boyn=on Estates Address: 802-820 N. W. 1st Ave. R-1 ~o C-1 Pla t 4A Lots 22 to 26 incl.~ Block 56A, Lake Boynton Estates Plat 4A Address: 801-819 W. Ocean Avenue R-1 to C-t Clifford E. Keatts No one spoke in favor of the ~equest. M~s. Howell objected to this request and the petition she submitted re ~arcei ~1 also covered this request by Clifford Keattso -3- C Pareet #2 oont'd. Mr. Buchanan - concurred with ruling of Zoning Board thereby objecting tO any change in Lake Boynton Estates. Mrs. Lacey - objected to zoning change and stated she felt the trucks are a nuisance; that the piles of dirt are objectionable. Maude Searboro - 821 SW 1st Court - requested that the zoning not be changed° R. B. Vastine - Leisureville - commended people who objected to this change because NW !0th Court residents object to the trucks starting up at 6:30 A.M. and creating di~t in their homes. Mrs. Jackson moved that zoning request by Clifford E. Pameel ~2 from R-1 to C-1 be denied. Motion seconded and motion carried S-0. Mr. Michael abstained. ~eatts to rezone by Mm. Nylund Parcel ~5 - Lots 22, 25~ 24, Block 4, Lake Boynton Estates Plat 1 Address: 701-711 W. Ocean Ave. R-1 to C-1 Lots 1, 2, 3~ 4~ 57 Block 4, Lake Boynton Estates Plat 1 Address: 702-720 N. W. 1st Avenue R-1 to C-1 Benjamin C. Johnston No one spoke in favor of the requesT. Mrs. Howell, Mr. Buchanan~ M~s. Lacey~ Mrs. objected to this change. Scarboro and Mrs. Spallina Mrs. Jackson moved that the request of Benjamin Johnston to rezone Parcel ~3 from R-1 to C-1 be denied. Motion seconded by Mr. Michael and motion carried 4-0. Letters amc also on file from Bertha and Gladys Hartley and Marcus and The!ma Weaver~ opposing the request. Parcel ~4 - Lots 13 and !4~ Block 5~ BOwers Park Address: 416 S. Seacrest Blvd. R-2 to R-3 Donald C. Lambert No one spoke in favor of the request. Mr. Jack Jurney~ 109 SW 5th Ave.~ spoke against the request~ and advised Council that a petition with 47 names on it is on file opposing change. ~ Mr. Michael moved the request of Donald Lambert to rezone Parcel f~om R-2 to R-3 be denied. Motion seconded by Mrs° Jackson and motion carried 4-0. -4- MINUTES REGUt~R CITY COUNCIL ~:~ETING MAY 18~ 1970 ORDINANCES - 2nd Reading QRDINANCE No. 70-12 - Sign Ordinance was left on the table. Mr. Michael reported that a letter from Boca Raton had been received in response to City Attorney's letter regarding lawsuits as a result of their sign ordinance. It was revealed theme had been two lawsuits and that the court had ruled in favor of the City in both instances-: all of ~tlich refuted an erroneous statement made at last Council meeting that 80 lawsuits are pending in Boca Raton and that Boca Raton was consider- ing repealing rheim sign ordinance. ORDINANCE No. 70-15 - Establishing minimum period of time between zoning change requests Mr. Michael moved that Ordinance No. 70-15 be passed on second reading. Motion seconded by M~s. Jackson and motion carried 3-1 with M~ Nylund voting ~no~. RESOLUTIONS Resolution 70-J re utilization of F.I.N.D. property (on the table) Mr. Michael moved that Res. 70-J be removed from the table~ seconded by ~s. Jackson and motion carried 4-0. Res, 70-J was read by the City At-~orney regarding use of F.I.N.D. property. ~irs. Jackson moved that Res. 70-~ be adopted~ seconded by Mr. Michael and motion carried 4-0. OTHER Supplemental Agreement - Force Main Mr. Hopkins reviewed this item and stated that during construction it was necessary to change it because of work schedule by Caldos Property. Letter from Consulting Engineer asked that supplemental agreement be considered. Mr. Ktinck appeared and reviewed the ci~cumstances~ ex- plaining change orders. Gross amount $5:002.15 with decrease in amount of $1~5~3.50~ leaving balance of $3~668.65 net increase by change orde~ ~2. -5- MINUTES REGULAR CITY COUNCIL MEETING MAY 18~ 1970 QTHER, cont'd. Mr. Michael moved that the engineer's reconcil/ation agreement be accepted. and motion carried 4-0. recommendation and final est/mate Motion seconded by ~s. Jackson Reference to Public Law 660 grant for assistance has been approved up to a point~ and it is expected to be sent to~tlanta with reference to sewage treatment plant expansion. Mr. Michael moved to authorize the Ma¥or~ City Clerk a~d CityAttorney to sign change orders ~equested by Atlanta~ seconded by Mrs, Jackson and motion carried 4-0. pLD BUSINESS Recommendation of Acting City Manager on architect for police eomple× (on the table) Mm, Nyiund moved that the recommendation of the Acting City Manager on architect for police complex be removed from table. Motion seconded by ~;m. Michael and motion carried 4-0. Motion by ~. Michael to accept Acting City Manager's recommendation that Victor Rigaumont be appointed as architect for Police Complex. Motion seconded by Mr. Nylund and motion carried 4-0, House Bill ~768 re dogs (On the table) Mouse Bill ~768 re dogs was left on the table. ~Rid Litter Day" Report on this was made early in the meeting. (See Page !) ,Request of McGee ~ McGee & Ewing Attorneys for Mn. Lassiter feel their client has complied and now ask Council to review matter with possible favorable consideration. Mr. Moore recommended that they be advised to appear and make presentation. Mr. Michael moved that no further consideration be given~ seconded by Mrs. Jackson and motion carried 3-1. ~, Nylund voted "no~. NEW BUSLNESS ~atm Beach County Municipal League Report by P~s. Jackson on Palm Beach County ~ ' ' Lunzczpal League - indicated that at the May 8th meeting Don Morgan spoke on subject of service area -6- M Ih~dTES REGULAR CITY COUNCIL MEETING MAY 18, 1970 ~W BUgINESS, oontd. cOncept: and his methods were no~ received with very much enthusiasm: because they felt County was interfering too much. Other items dis- cussed ware school crossing guards, transportation authority and letter f~om Mr. Nyl~nd was read. .C. onstde~ request for beverage., license.- 744 N. W. 2nd Avenue Mr. Michael moved that request for beverage license by 7-11 store at 744 NW 2nd Ave. be approved. Motion seconded by Mr. Nylund and motion carried 4-0, Consider request for beverage license - 521 N. Federal. Highway Mr. Sheldon Davis appeared in regard to license request at 321 N. Federal. Since this application was ineomplete~ Mrs. Jackson moved that the item b~ tabled till next regular meeting. Motion seconded by Mr. Michael and motion carried 4-0. Petition of L, ee Manor Isles Protective Association Mr. Michael moved that this petition be sent to Planning Board and ask if they have any recommendations to make to Council. Motion seconded by~ Mrs. Jackson and motion carried 2-2. Mr. Nylund and Mr. Summers voted ~'no". (Deadlock) .P~oposal of Milnor Corporation I~ was agreed that Mr, Hopkins should send a letter advising this had been discussed and Council feels no changes are in order; that the City expects him to live up to his obligations. Request of the Order of Eastern Star Mrs. Jackson moved that the request be granted to waive $50 fee for use of the Civic Center. Motion seconded by Mr. Nylund and motion carried 3-~1 with Mr. Michael voti~ ~no~,. He felt fee should be collected from all or none. It was noted Mr. Johnson asked that at least $10 jani- torial cha~ge be made. ~isouss taxi service Discussion with regard to complaints by individuals not being able to get taxi when they get off work at midnight. Mr. Hopkins to get with Mr. Moore and work out something on this. Further discussion included -7- MINUTES REGULAR CITY COUNCIL MEETING MAY 18~ 1970 A.DMINIS..TRATIVE, cont ~ d. the bus franchise - ~r. Michael moved that City Manager get together with taxi service and bus franchisees to find out what they propose to do. Motion seconded by ~rs. Jackson and motion carried 4-0. ~equest of Civil Service Board Mr. Sullivan appeared before Council and discussed various points as per attached letter dated March 30~ 1970. Mr. Michael moved that Item ! be handled administratively and the bill be printed and distributed with the new Civil Service Rules and Regu- lations, b~tion seconded by Mm. Nylund and motion carried 4-0. ~r. i, iichael moved that Item 2 re overlapping be presented to the next electorate at next reguta~ election. Motion seconded by Fits. Jackson and motion carried 4-0. i4r. Michael moved that Item 3 re medical examinations not be given prior to examination but after acceptance by Personnel Department. Motion seconded by Mrs. Jackson and motion carried 4-0. }.ir. Michael moved that Item 4 be referred to Chief of Police for recom- mendation as to how to get City police checks and reco~d checks on City employees, and that Item 5 be turned over to Chie~ of Police re- garding 7 items affecting his department in conjunction with City ~lan- ager. ~Iotion seconded by~4rs. Jackson and motion carried 4-0. piscuss Board attendance Review the attendance record of Board members and if these people do not want to serve then someone else should be appointed~ but the Boards should be filled with active participants. Amend.Code re Firearms }{r. Michael moved that Section 17-51 be removed from Code of Ordin- ances re firearms. Motion seconded by Mrs. Jackson and motion carried 4-0. D~ainaqe on N. E. loth Ave. Mr. Hopkins reported that the County will make /mp~ovements on NE !0th ~'~. when and if the City provides drainage. It was estimated that this will cost $13,200 and may need to run into next budget. He suggested encumbering the ~5000 now in the budget and adding To it. -8- MINUTES REGULAR CITY COUNCIL ~ETING ~Y 18: 1970 A DMIN~t_STRATIVE ~ eont'd. Mr. Michael moved that the City Manager i~clude entire amount in the new budget and ~ in order to expedite matters, that prior to this bids be reeeived. Motion seconded by Mrs. Jackson and motion carried 4-0. It was suggested to Eddie Mitchell that he attend County Commission meeting regarding NE lOth~ and he said he would be glad to after the City does homework. List o£ Payments made in April Mr. Michael moved that List of Payments made in April be accepted. Motion seconded by ~s. Jackson and motion carried 4-0. Appr~,val of Bills Bills as follows: Rubin Constmuction Neptune Meter Co. Brooks Products Twin CityWaste Material Co. E. N. Murray (final) Chamber oJ Commerce 26,587.18 1:035.40 1~073.40 1~000.00 42~571.15 2~994.90 Mr. Michael moved that all bills except Chamber of Commerce be paid. Seconded by Mrs · Jackson and motion carried 4-0. Mr. Michael requested that he get with Mr. EC~ron and Chamber officials regarding their bill. There was considerable discussion as to how this can best be taken care o~. Mr. Nale, ~r. Sheppard and Lynn Liggett discussed rheim eurcums~ances. They agreed to have workshop. Mr. Michael moved that the bill be paid, seconded by Mrs. Jackson and motion carried 4-0. O. THER ~r. Grimes request re Lake Eden Subdivision, south of Mission Hq]] Reference to mequest by Mr. Grimes re Lake Eden Subdivision, south of Mission Hill. ~. Summers gave gavel to ~. Nylund and moved that this request be placed on agenda. No second. ~fotion died. This request will be on next agenda. -9- MIh~TES REGULAR CITY COUNCIL MEETING ~S%Y 18~ i970 _OTHER, cont'd. Discussion me Piemo~ial Day parade. .A. DJOUR~NT Meet/rig adjourned at approx/mat~ty 10:00 P. M. CITY OF BOYNTON BEACH~ FLORIDA Thomas A. Summers ~ Mayo~ Mrs. E~y J~on, Councilwoman Michael V. Michael, Councilman' A TTE ST: Cit7 Clerk ' Le~fnard E · ~yluna, Cb~n~i~an 1~0 N. E. ~ND AVENUE March Hon. Mayor & City Council Hall f Boynton Beach,Florida Gentlemen: The Civil Service Appeals Board at their meeting of February 2,1970 respect/utly requests the following changes and/or amendments be considered to the present Civil Service B'nleS and Regulations: Item #1 :. The Charter re~al!atin'~ the Board,due to an oversight, was completely eliminated in the revised book, adopted June 17~ 1968. We ask they be printed and immediately added to the books that are now in circulation, Item Consideration of overlapping terms so that when new members are elected there will remain on the Board at least two members from the previous year in order to maintain the continuity of a smooth and effi- cient transition, Said terms to be designated by the City Council. Item #3:. Article Iq, Section 3, Paragraph 2 states: 'l~iust be certified by a physi= ctan approved by the City Couacil as being qualified for the service, Such report to be raade on a form to be prepared by the Personnel Officer. · No applicant failing the physical test shall be allowed to take the oral or 'w/~itten examinations. .T. he fpllowing change is recommended: An applicant must have a physical examination, immediately a/ter he has .passed the written and oral examinations and accepted for employment with the City of Boynton Beach, to deterv~ine his physical fitness, for the position. Ii he does not pass his physical exa~ination, this will be cause for in-~mediate dismissal, l~age 1 · lion. Mayor & City Council March $0, 1970 The City is presently payin~ for physical examinations for applicants who do not pass the necessary written and oral examinations and/or are permittin~ applicants to take the Civil Service examinations without the necessary physical eXal~inations which is contrary to the present ruleo Also, the (;ity will save a substantial amount of money i~ .the physical exam is given after an applicant has been accepted for employment. Item #4: ,, Article IU, Section I, Paragraph 4 state~: 'A satisfactory F.B .I. and Florida Motor Vehicle Con~udssioners~ check of all candidates for employ- ment with the ~ity of Bolrnton Beach in any department must be completed before such candidates will be allowed to enter written or oral examt,~- tions. The followin~ recommendation is submitted.'. The City be permitted to hire an applicant providing he has passed the necessary written and oral tests before the F.B.I. report is completed, inasmuch as it takes from 6 to 8 weeks before a report is received from Washington. However, if said applicant's report is deemed undesirable for employmen~ with the City, this shall be immediate cause fo.r dismissal. At the present time, the Gity is operating under the method as stated in the previous paragraph, however, it is contrary to the present rules. Item #5: We recommend that Article IU, Section 4, as designkted in the previous rules adopted ~uly 16, !96Z re~ardin~ ]Police prombtions be re-adopted since no rules have been provided in the present book. The rules to be re-adopted are as fallows: I~ LICE P~OMO T~ONS: lgo person shall be admitted to an examination for promotion to Detective until he shall have served on the local force for at least one (1) year. No person shall be admitted to an ex~rnlnation for promotion to Detective Sergeant until he shall have served on the local £orce for at lea~t eighteen (18} months as a patrolman or detective, Page No,2 Hon0 Mayor & City Council March $0, 1970 No person shall be admitted to an exami,~tion for promotion to Detective Sergeant until he shall have served on the local force for at least eighteen (18} months as a patrolman or detective. No person except & detective sergeant, police sergeant, or desk sergeant, shall be eligible to take an examir~tion for a higher position in the departmnent and even these candidates will nOt be declared eligible for the examination until they have served at least one (1) year as sergeant. Motorcycle Officers ahll be appointed by the Department Head with the approval of the City Manager alter they have demon- strated their ability to qnality for the position. A police officer in continuous service who holds a Civil Service rank and is appointed to a higher position within the department may, upon his written request, be returned to the rank from which he was promoted. The Chief of Police may, in emergencies, appoint regularly employed officers who have passed their probationary period to act in the various classifications, but the Officers may not hold the acting positions lonl~er +h~. 45 days. Your tavorable consideration to these changes in the Civil Service Rules and Regulations would be greatly appreciated. submitted, LDC:apt City Manager Personnel L. D. Crawford, Chairmaa