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Minutes 05-04-70MINUTES OF REGULAR CITY COUNCIL ~ETING HELD AT CITY HALL, BEACH~ FLORIDA= MONDAY, MAY 4, 1970~ AT 7:30 P. M. BOYNTON PRESENT: 'Ih~s Ao Summers, Mayor For~est L. Wallace~ Vice Mayor Mrs. Emily M. Jackson, Councilwoman Michael V. Miehael~ Councilman Leonard E. Nylund~ Councilman Gene Moo~e~ City Attorney Harold Hopkins, Acting City M~o Tereesa Padgett, Cit~ Clerk Mayor Summers ca!led the meeting to o~der at 7:30 P. M. Rev. Carrin gave the invocation and the Flag Salute ~as led by Boy Scout Troop ~395. ~nt~oduction of Guests Mayor Su~ners introduced Clarence Quinton Jones who will assume his duties as City Manager effective May 25th. He will return to Washing- ton~ D. C. to finalize his military duties and return with his family within the next few days. Robert Beyrem - Concerned Citizens and Sterling Village Senior Citizens John Shepard - President Greater Boynton Beach Chamber o£ Commerce Hank Thompson, Kiwanis Club Eddie Mit~elt - Concerned Black Citizens MINUTES - Regular Meeting - April 20, 1970 Mr. Michael moved that April 20th minutes be approved as presented. Motion seconded by Mr. Wallace and motion cad-pied 4-0. (Mayor Summers was absent on date of this meeting.) PUBLIC AUDIENCE Eddie Mitchell, 329 NE 12th Avenue - Stated that since city patterns itself after other cities he felt Boynton should have Recreation com- ptex~ which includes a gymnasium. He cited other cities which do have this facility; also~ that raan hired to water g~ass in various parts of Boynton Beach has neglected to water the Wilson Park a~ea. Ezell Hester, 1106 NW tst Street - Stated he had read in the papers about the Chamber of Commerce meeting re sign o~d~nance. He felt Boca is a wealthy community and we should not pattern after them cause it is too high for Boynton Beach residents. -1- MIk~dTES REGHLAR CITY COUNCIL MEETING MAY 4 ~ 1970 LEGAL ORDINANCE NO, 70-19 - Sign Ordinance Earl Osborne, representing Sunskaine Shopping Cente~ said he was present to discuss the sign o~dinance. He felt an ordinance should be enforced without a lot of exceptions, He felt even with grandfather's clause they would not be able to live with this ordinance. He requested a delay for a minimum of 30 days. He volunteered his services to come up with a workable ordinance within 30 days. M_ms. Cutver- also,opposed the proposed sign ordinance, She felt it is wrong for a b~Sines$ man not to be able to advertise his b~siness, She .said Boca Raton has 80 lawsuits pending because of their sign or- dinance. She reqUested this be tabled. John Shepard - President Chamber of Commem~m. He felt there was too much opposition to this to pass it in 9Jew of the fact that Boca Raton has r~n into problems with rheim ordinance and this is patterned after theirs. Herman Forbas - 425 NW 4th - stated he felt it was a good ordinance. Mr. Nylund moved that Ordinance 70-12be tabled until the first regu- lar meeting in June and turn this over to Building Board and other concerned people. Mr. Michael seconded the motion. He felt Mr. Os- boz-~ne should be commended for showing willingness to do something about it. Mrs. Jackson requested that suggestions be put in writing. The motion carried 5-0. The following were appointed as a cen~nittee to study the proposed dinanoe in conjunction with the Building Board and return their recom- mendations to Council: Earl Osborne, Chairman Buddy Forehand Dave MeKay John Shepard Layton Timm W~ll~m Tirsbier Hazry LeFort Hank Thompson Cliff Chapman Bill Ferrin Bill Elam C. K. Smith Joseph Laterza -2- MIT. PdTES REGULAR CITY COUNCIL MEETlqqG ~-~,Y 4 ~ 1970 QRDINANCES - 2nd Reading No. 70-13 - Repealing Ordinance 68-19 The City Attorney mead Omdinance 70-13, re comprehensive plan develop- ment.unit. Mr. ~4ichael moved that O~d. 70-13 be passed on second read- ing~ seconded by b~s. Jackson and motion carried 3-2. Messrs. Summers and Nylund voted ~no~. No. 70-14 - amending the electmieal code The City Attorney read O~dinance No. 70-14. Mr. Michael moved that Ordimmnce 70-t4 be passed on second reading. Motion seconded by ~rs, Jackson and motion carried 5-0. ORDINANCES - 1st Reading 70-15 - establishing minimum period of time between zoning change reques ts The City Attorney read ordJa~anee 70-15 establishing minimum time period between zoning change requests. Mrs. Jackson moved that OrdiD~nee 70-15 be passed on first reading, Motion seconded by 14r, Michael and motion carried 4-1. Mr. Nylund voted ~no~. RESOLHTIONS N°. 70-J - re utilization of F.I.N.D. property at NE 1st Ave. The City Attorney read Res. 70-J re F.I.N.D. property at NE 1st Ave. Mr. Culver stated his property is adjacent to the property in Question and no one had contacted him about this. He stated his competition had hired an attorney to press this. He said he had spent $6~000 /m- proving the property. Firs. Culver stated her fish market had been moved to 32t N. Federal H/way. She requested City o~fieials to meet with F.I.N.D. Mrs. Janet Hall - Sea Mist M~rina~ stated she felt the wmitten recomd speaks for itself on this whole situation. [,~. Lyman clarified the past history~ and the Building Department turned in a vemy detailed re- port showing 4-5 violations of the Building Code. She stated their concern was that there is no cont-uol. She said another pmoperty owner plans to do the same thing and it is out of control. -3- MINUTES REGULAR CITY COUNCIL MEETinG ~Y 4~ 1970 ~Ir~ Nylund moved that this be tabled until after the meeting with representatives of F.IoN.D. Mr. Wallac~ seconded the motion which carried 4-1. Mrs. Jack, on voted ~no" Mr. Michael stated if 3 mem- bers of Council are present this meeting m~st be open to the press~ No. 70-K - establishing certain combinations of positions The City Attorney read Resolution 70-K: establishing certain combina- tions of positions~ b~rs~ Jackson moved that Res~ 70-K be passed on first reading- Motion seconded by Mr~ Wallace and motion carried 5-0° No. 70-L - to correct Res. 70-F The City Attorney referred to Resolution 70-F having a t~ansposition Of numbe~s~ and asked that same be co~ected by'"Resolution 70-L~ which he read in it~ entirety~ Mr. Michael moved that Res° 70-L be adopted to correct Res. 70-F~ adopted March 16, 1970. Motion seconded by Mrs. Jackson and carried 5-0. ,No. 70-M - awarding contract to Overland Construction Co. Public Law 660 Inc re The City Attorney ~ead Res° 70-M re awarding contract to Overland Construction Co. Inc re P~blic Law 660~ Mrs. Jackson moved that Res. 70-M be passed, seconded by Mr. Wallace and motion carried 5-0° OTHER O. rdinance No. 70-11 The City Attorney advised that he had received the deed f~om Mr. Fleming on the 50' right of way in conjunction with Ord. No. 70-11. OLD B~SINESS P~opo~at f~om Hutcheon En,~ineers, Inc. (On the table) M~. Michael moved that Hutcheon Engineers, /nc. item be removed from table and stricken fl~m age~da. Motion seconded by Mrs. Jackson a~d motion ca,tied 5-0. -4- MINUTES REGUi~R CITY COUNCIL MEETING MAY 4~ 1970 OLD B~SINESS ~ CONTD. Recommendation of Acting City Manager re architect for poiice ~o~?tex Mr. Hopkins rec~,~,ended the item regard/ng architect for police com- plex be tabled until May 18th meeting. Mrs. Jackson m~ved that th/s item be tabled. Motion seconded by Mr. Nylund and motion carried 5-0. ADMINISTRATIVE .Consider request to advert/se for bids on t~affic sigzaal for N. Seacrest and 2nd Ave. Mr. Wallace moved that Mr. Hopkins be permitted to go out for bid for a traffic light at N. SeacTest and 2nd Ave. Motion seconded by Michael and motion carried 5-0. It was suggested that Acting City Manager write to County Commission and tell them the t~a£fic fae/lity will be required and City would appreciate them getting money together for this. qonsider proposed Contract - Gerald Dake, Planning Consultant Mr. Michael moved that we not consider the proposed contract of Gerald Dake and Associates, and that he be contacted and asked to fulfill his old con~ract. Mrs. Jackson seconded the motion and motion carried 5-0. .Consider request of Joe TombeI~ re route for Transit system The City Attorney advised that he would have to get assent from Ocean Ridge to operate bus in their city. Mr. Michael moved that we grant h/m pez~aission to go toward the beach to the bridge and talk to Ocean Ridge regarding the rest. Motion seconded by Mrs. Jackson and motion ca,tied 5-0. Firefiqhters Colle etive- Bargaining A et Mr. Wallace moved that Council notify legislative delegation that they are opposed to this. Motion seconded by Mrs. Jaokson and motion car- ried 5-0. F. rank Br~n & Co. Proposal. Mr. Michael moved that we accept the proposal of Frank Brown & Co. provided Mr. Hopkins ~ Mrs. Padgett and new Personnel Officer can deter- mine it will be flexible enough to last for more than 4 years. Motion seconded by ~. Wallace and motion carried 5-0. M IN~TE S REGULAR CITY COUNCIL MEETING MAY 4, 1970 RECREATION PROGRAM - discussed by Vice Mayor Wallace 8. W. 15th Aveo Facilities will have to ~e moved because of widening of right of way. Mr, Wallace mOved that moneys previously put in the budget for building facility at S, W. 15th Ave. Park be put toward hi~ing extra personnel and this be transferred from Field Improvements (Acct. 4100-520) and be used for additional personnel. Motion seconded by Mr. Michael and motion carried 5-0. Mr. Michael recommended the part time help be used at the least busy time and regw/lar employees serve on weekends. ~ilson Park Mr. Wallace moved that restuoom facilities be completed as soon as possible in order to get the facilities in use. Motion seconded by Mr. Michael and motion carried 5-0. Survey of Land Areas Since the City has manpower and equipment it was recommended by Mr. Wallace that these be utilized to clean up ali City and County o~ned land and other land that could be made available for recTeation pur- poses. Mr. Wallace moved that the survey of these land areas be turned over to Recreation Board for utilization and study and come back to Council with recommendation~ at which time action can be taken, Motion seconded by Mr. Michael and motion carried 5-0, ApPointment of Committee. to Study.~olf Course Mr. Wallace ~ecommended that Joseph Lee, Don Tinker, John Archie and Ray Jara be appointed to study and bring back report on possibility of securing golf course for City. Motion seconded by Mr. Nylund and motion carried 5-0. Beach Acquisition Mr. Wallace recommended that the Recreation Board be given instructiona by Council to find out all things necessary regarding acqu/sition of the beach property~ particularly the 600 ft. to the north of the present beach. Mr. Beyrer thanked Council for taking this into consideration and s~g- gested they check into the possibility of obtaining eminent doma/n over the property acquired. -6- MI~dTES REGULAR CITY COUNCIL MEETING MAY 4~ 1970 ADMINISTRATIVE ~ contd. .B. each Acquisition2 contd. Herman Forbas stated he was against the beach acquisition because it is continuing to erode and that should 75' of the beach be lost by erosion and then state highway take off another ,slice by widening the road~ there would be nothing left. He felt also Ocean Ridge should buy some. Mr. Wallace moved that the Recreation Board be given go ahead for study of beach acquisition for City of Boynton Beach. Motion seconded by Mrs, Jackson and motion carried 5-0. Mr. Wallace moved that the Recreation Board be revised to include Ray Jara, Buddy Stuart2 Ed Porehand, Helen K/mkeby and Estelie Schaap~ .and that they recommend two members to give the board seven members, Motion seconded by M~s, Jackson and motion carried 5-0. The Mayor thanked Mr. Wallace for his efforts in regard to the future re emeation progTam. m/d-Year Bud~qet Review Mr. Hopk//ls suggested various departments needed additional fttnds to finance their department needs, and since anticipated ~evenue will exceed the anticipated amount by $46~000~ he recommended that these amounts be approved in the sum of $172590, since they all seem to be in order. Mr. Michael moved that the different department heads be allowed to spend amounts reviewed by Mr. Hopkins ~ and that they be held to these amounts. Municipal cOUrt Utility Billing Department Re c~ea tion Department Police Department Personnel Department Building Department $ 12500.00 1~800,00 4:550.00 $00.00 97640.00 Motion was seconded by Mrs. Jackson and motion carried 5-0. Judge Durkin asked to speak in reference to the Municipal Court needS!~ He was advised that'his ~eQuest had just been approved. He related the work load is increasing t~emendously and thanked Cottneil for thei~ consideration. -7- MINUTES REGULAR CITY COUNCIL MEETING MAY 4~ 1970 ADMINISTRATIVE, contd. House Bill ~768 re Do~s It was revealed this bill ~equi~ed all dogs to be vaccinated. Mmso Jackson moved that if th/s bill #768 passes the State Leg/slature we notify County and ask them to rescin~ the action on their animal law. Mrs. Jackson then moved to table until next meeting~ seconded by Mr. Michael and motion carried 5-0. qonsider Stmaw Vote ~e County Contr~], Mm. Michael moved that the Cityplace this item on the machines again at the next elect-ion and make it available to Legislature. Motion seconded by Mr. Wallace and motion carried 5-0. Water Control Mrs. Jackson discussed bills in Florida State Legislature~ with refer- ence to fluoridating water and asked should City assume role of medi- cal doctor and dispense this without a!lowLng people to make their choice? She displayed a can of rat poison with this chemical in it which shows it to be poison labelled witk skull and crossbones. Mr. Hopkins indicated there is .33 parts per million of natural fluoride in our water. Mrs. Jackson asked to have the record reveal that it has never been proven to be good fo~ everyone and that some people are even allergic to aspirin: and moved that should this bill pass the Legislature that t) City furnish tablets to those who wish them~ 2) let Legislature know we cannot assume role of medical doctors and therefore go on reeo~d ask/hq them to defeat any bill asking for mass medication. Motion seconded by Mr. Michael and motion carried 5-1. Mayor Summers abstained and ~iT. Nylund voted ~no~. ~tatus, Report from Attorney ~anqbien re Palm Beach Memorial Park eou~t case It was moved by Mr. Michael that the p~oper~y of Palm Beach Memorial Park be advertised with those that have unpaid taxes. Motion seconded by Mrs. Jackson and motion carried ,A,,pp~ovaI of Bills Chamber of Commerce (final bill for Festival) Attorney Fee of Irwin Langbein (p. B. Mem. Park) Attorney Fee th~uWm. Hough re water-sewer bonds Membership fee for P. B. County Municipal League $ 1~208.$0 77.46 1~052.55 500.00 -8- MINUTES REGULAR CITY COUNCIL ~.ETING MAY 4, 1970 A_DMINISTRATIVE ~ eontd. Approval of Bills, contd. M~s. Jackson moved all bills as read be paid. Motion seconded by Mm. Wa!lace and motion carried 5-0. OTHER Reference to license fo~ 7-11 will have to be on next agenda. ADJOUPJ~NT Meeting adjourned at 9:50 P. M. CITY OF BOYNTON BEACH, FLORIDA Thomas A Summers, Mayor Forrest L. Wallace, Vice Mayor Mrs. E~y Jack, Councilwoman . Mxchael, Councmlman Le~rd'~E. Nylund, Coun~t~lman~ ATTEST: -9-