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Minutes 08-06-85MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 6, 1985 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Ezell Hester, Jr., Councilman James R. Warnke, Councilman Carl Zimmerman, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney ABSENT Robert Ferrell, Vice Mayor (Excused) Mayor Cassandra called the meeting to order at 7:30 P. M. The Invocation was given by Father John Block, Pastor of St. Mark's Catholic Church, followed by the Pledge of Allegiance to the Flag led by Rayor Cassandra. Mayor Cassandra recognized the presence in the audience of Mar±lyn G. Huckle, Member of the Planning and Zoning Board; Ralph Marchese, Member of the Civil Service Board; H. Peter Mooij, ~ember, and Dianne Lawes, Executive Director, of the Community Redevelopment Agency; Lillian Artis, Member of the Board of Adjustment; and Owen Anderson, Executive Vice President, Chamber of Commerce. Rebecca Theim, Sun Sentinel; and Kipp Friedman, Boynton Beach News Journal, were also present. AGENDA APPROVAL Under "VIII, LEGAL," City ~anager Cheney deleted "1. Water Service Agreement - DDK Properties" under "D. Other" and explained that the applicant requested it be on the agenda for the next meeting. City Manager Cheney drew attention to "B, Bids, item 1/' under "IV. CONSENT AGENDA, and asked that if the Council approved the "Fluid Applied Roofing for the Boynton Beach Civic Center and Utilities Building", they authorize the funding for the Utilities Building out of the existing Utilities' Capital Improvements Fund in the amount of $16,t25. City Manager Cheney also added a bill from Gulfstream Lumber in the sum of $3,149.70 under "CONSENT AGENDA, H, Approval of Bills" and said it is for the material designed to cover the shelters at the beach. If the bill is paid quickly, the City will get a discount. Under "XI. ADMINISTRATIVE," Mayor Cassandra added "A. Ordinance; B. Palm Beach County Municipal League; C. of Support from the~ City for ~%he Day Care Center. Sign Letter - 1 - REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST 6, 1985 Councilman Zimmerman moved to accept the agenda as corrected, seconded by Councilman Warnke. Motion carried 4-0. ANNOUNCEMENTS Mayor Cassandra announced that Vice Mayor Ferrell is enjoying his vacation. 1. Proclamation a)Water and Pollution Control Operators Week August 25-31, 1985 Mayor Cassandra read the Proclamation. 2. Presentation of plaque to City of Boynton Beach by Tom Shetler, Athletic Director, Santaluces High School Mr. Joe Sciortino, Golf Course Manager, informed the Council that in early Spring, Susan Silva, Golf Course Coach, and Tom Shetler, Athletic Director, Santaluces High School, asked him and the Golf Course Advisory Board to allow the Santaluces High School Golf Team to use the City's facilities for their high school season. In support of junior golf, the Golf Course Advisory Board agreed, and the team used the City's practice facilities and golf course for their home matches and practice time without getting in the way of regular play. Mr. Sciortino introduced Mr. Shetler, who praised Mr. Sciortino for his help. Through the community's support, Eric Kauppinen won the district tournament medal, which involved about 25 teams. The following week, he was 2nd in the State in the State finals. Mr. Shetler said the success of this meant a lot, and it came from the cooperation of the City Council and Golf Course staff. Mr. Shetler presented a plaque to Mayor Cassandra and the Cit~ in appreciation to the Municipal Golf Course staff for contributing to the School's success in the 1985 season, from the Santaluces Golf Team. Mayor Cassandra thanked Mr. Shetler for the plaque and said the City will always be there if needed. CITY MANAGER'S REPORT Workshop Date For Budqet City Manager Cheney announced that a workshop date of August 29, 1985 at 7:30 P. M. has been set for the remaining - 2 - REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST 6, 1985 two parts of the budget. At that time, they will look at the Publicity, Sanitation, Vehicle Maintenance, and Volume II. The Utility budget will also 'be included in that workshop. City Manager Cheney gave copies of the Utility. budget to the Council for their review. He announced that the Utility fund is in excellent condition and, at the moment, the City did not see the need for any kind of utility rate increase this year. City Manager Cheney was not sure what the charges at the Regional Plant would be but they built in some kind of increase. No matter what the increase is, he thOught the funds would be able to support that. City Manager Cheney said the fact that the Council did an increase over a two year period got the fund on a solid foundation. Also, the refinancing of the old utility revenue bonds last year meant the City's debt service for the coming year will be $926,000 instead of $1,003,000, which it would have been if they had not done the refinan- cing. The Council's support of the change in the line of the feed system at the current treatment plant meant a savings of $17 per ton on the kind of line they can use, which is $34,000 a year, and City Manager Cheney said that adds up. They are also saving on energy, so they are holding the electrical costs under control. The capital facility charge was doubled on purpose in 1983 to ultimately raise Fifty Million Dollars. City Manager Cheney said that is coming in, and money is available to assist in financing in renovations to the old processing system and making improvements to the old system. Those things which the Council supported helped to keep the utility rate where it is. Formal Budget Public Hearings City Manager Cheney announced that the two official, formal budget public hearings are scheduled for September 5 and September 24, 1985 at 7:30 P. M. Railing At Beach City Manager Cheney said the City continues to get ques- tions relative to the height of the railing at the beach when you sit down. The railing was designed at the standard height for railings. When you sit down on the benches, you look through the railing. City Manager Cheney thought the Council should decide whether they are going to try to change the railing or not try to change it, so they can get the issue over with. He said it is possible to slope the railing - 3 - REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST 6, 1986 down in front of where you sit and still have a railing. City Manager Cheney did not know whether it would require a variance from the Building Code in Ocean Ridge or not, or whether they would have to go to Ocean Ridge for a site plan amendment, but he thought the Council should decide what should happen. It was suggested that they raise the benches, but City Manager Cheney did not like that idea because people could fall off. City Manager Cheney thought the shelters were almost covered now but said they may be doing the finishing work. Councilman Warnke had calls from citizens with the same complaints City Manager Cheney reported. He asked City Manager Cheney to come up with the cost of lowering the railings. City Manager Cheney replied that it may be man- power. The City will do it themselves. They will take a look at it and decide. Tree Memorial Mayor Cassandra mentioned that today the City had its first ceremony, which was started with~Mr~. Spence's concern, and was taken over by Dr. Shepherd and Bob Stripling. The first tree was planted at the water plant on the corner of Woolbright Road and Seacrest Boulevard. City Manager Cheney added that they hope people will contribute to the fund. The idea is to contribute in the name of somebody who might have lived in the City, moved away, or passed away. A memorial book will be in the lobby of City Hall where all of the contributors'names will be and the location of all of the trees will be. City Manager Cheney told of Councilman Zimmerman being at the First Bankers' open house on Seacrest Boulevard, near the hospital, and they contributed $100 as a result of that opening. Forms are obtainable in the City. Manager's office and in the office of Kevin Hallahan, Urban Forester. Now that the process has'been organized, there will be more publicity. City Manager Cheney said the Committee wants good sized, quality trees throughout the City and will take anything from $25 on up. Mayor Cassandra asked the Council to consider dedicating a tree from the Council in memory of William T. Hilliard, who died after sustaining injuries in an accident while performing his duties for the City. The Council agreed, and City Manager Cheney said he would report it to the Committee. - 4 - REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST 6, 1986 PUBLIC AUDIENCE Mayor Cassandra announced that green forms were in the back of the room. If anyone wished to speak on any item that was on the agenda, they should note the item on the green form, and they would be free to speak when that item came up. If any- one wished to speak on an item that was not on the agenda, they should also fill ouH the forms so their names and addresses would be on the record, and they could speak now. Beach Mr. Ben Uleck, 1507 S. W. 17th Avenue, Boynton Beach, said he and his wife have heard pros and cons about the railings at the beach. He thought the railings should remain where they are. Forest Hill Park Mr. William Cwynar, 2701 S. W. 8th Street, Boynton Beach, observed teenagers mowing the ball field with their own lawn mowers last Saturday morning. They were afraid to play in the park because the grass was so high (12 or 14 inches), and there are grass snakes and blue runners there. Mr. Cwynar Called City Manager Cheney and a few of the Council Members. He felt there were other problems there too and said he had talked to Charles Frederick, Director of Parks and Recreation. The park covers about four acres and is a neighborhood park. Between the park and 1-95, there is no buffer, other than a chain link fence. The people that live along the park have some heavy vegetation plantings so they do not have the noise, visibility to the park or 1-95. People in the neighborhood with little children are getting concerned that someone could conceivably pull up along 1-95, jump the fence, grab a kid, and take off. Mr. Cwynar received a letter from Mr. Frederick about 1-1/2 months ago saying the Department of Transportation was looking into the situation and agreed to plant some trees there. No trees have been planted as yet.- Mr. Cwynar appreciated the letter from Mr. Frederick but wondered if it was a little bit of a pacifier because nothing is happening. Mr. Cwynar thanked City Manager Cheney because the park was mowed yesterday, and people were there with rakes today. He has lived in this house four years and in that area since 1973 and said the irrigation system has not worked. Mr. Cwynar understood getting the irrigation system working was going to be put in the budget last year, but it was thrown out. He stated that Wilson Park gets more than any- body else in the City. - 5 - REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST 6, 1985 Mr. Cwynar understood Forest Hill Park is supposed to be on a two week mowing schedule, and it had been six weeks since it was mowed. If they need a watch guard, he .said he would be glad to take care of it for the City. If the City would give them the trees, Mr. Cwynar said the neighborhood would plant them. If they need someone to monitor the irrigation system or the park, the City should let the neighborhood know. Mayor Cassandra recalled that Mr. Frederick's budget was cut again, and Mr. Frederick raised the question of.prior- ities. Mayor Cassandra informed Mr. Cwynar that the amount of useage of a park is weighed versus the need of putting money into it. There are joint efforts where the County, City, and School donate, and you get more for your money. City Manager Cheney assured Mr. Cwynar that writing him a letter was not to pacify him, but the Department of. Trans- portation (DOT) does not move very fast, and it might be well to try to get them to do it sooner. The mowing schedule is two weeks, but City Manager Cheney pointed out that this is the growing season. If the rain and sun are right, it will get done in two weeks, but he told Mr. Cwynar not to hold him to that. Mayor Cassandra commented that the irrigation system, is in the budget this year, so it did not get wiped out. He agreed with City Manager Cheney that people need to let the City know what is wrong in their areas. Councilman Hester referred to Mr. Cwynar's comments concern- ing Wilson Park and hoped the City did not have a policy of giving money to just one area and that money goes where it is needed. City Manager Cheney assured him that all of the park projects are specifically approved during the budget hearing and budget approval processes. Councilman Zimmerman wondered if there were any available trees in the City nursery they coUld use. City Manager Cheney knew the nursery was growing but did not know. about the availability of trees. He said he would let the Council know. City Manager Cheney thought they were talking about a screening type of tree so it would be difficult, to get into the park from 1-95. Canal on South Lake Drive Mr. Larry Bartley, 3415 South Lake Drive, Boynton Beach, said when there is a storm and the locks are opened up, all - 6 - REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST 6, 1985 of the debris and plant life that comes from the west gathers in their canal. Lake Worth Drainage District says it is not their problem. It seemed to Mr. Bartley that the tunnel at the end of the canal is too small for the debris and plant life to get out. Mr. Bartley understood the canal was theirs and said if they did not have the debris coming from the west, they could take care of the canal, but it is getting so bad, there is no way they can do it. The City sprayed, which helped a little bit, but the problem is the tunnel. Mr. Bartley informed Councilman Warnke that it is the drain- age canal that comes out of Lake Ida. Right now, it is creating a hazard with rats, snakes, and bugs. The bugs are really getting bad. Mr. Bartley said it is the culvert on the north end, and the City cleaned it out last year. City Manager Cheney said the City will look at it. When they cleaned it out before, there was almost no flow through the culvert. When the water table gets up too high, Mr. Bartley said it goes right over the culvert and cannot get out. Mr. Bartley reiterated that a bigger culvert is needed, and the City has the equipment and manpower to do it. Mayor Cassandra asked City Manager Cheney to report back to the Council. Ball Diamond at Wilson Center Mr. Robert Walker, 216 N. W. 13th Avenue, Boynton Beach, lives next to the ball diamond. Baseballs are landing on the roof of his home and damaging the roof. They cannot enjoy their backyard, and Mr. Walker said they are not safe in their front yard either. Mr. Walker was coming down N. W. 13th Avenue and while going into his driveway, a ball hit his windshield, knocked the windshield out, glass fell all over the front seat, and nobody seemed to be at fault concerning the ball. Mr. Walker wanted to know who is responsible for the balls coming onto private property and also for hitting his windshield. On August 1, 1985, about 7:20 P. M., about three cams over. Mr. Walker called the Police. The Officer wanted him to give the balls back, and Mr. Walker refused. He had two paper bags full of balls which he said he will keep until something is done about it. Each time they play ball, Mr. Walker said a iefthand batter lands a ball on his property. His roof is not quite five years old,and had to be repaired because of damage caused by balls. Mr. Walker said somebody has to be respOnsible. - 7 - REGULAR CITY COUNCIL ~ETING MINUTES BOYNTON BEACH, FLORIDA AUGUST 6, 1985 Mr. Walker informed Mayor Cassandra that the balls are being hit from the home plate area. Mayor Cassandra asked how high the fence is at Wilson Park. Mr. Walker replied that whatever the height is, the balls override the fence and land with speed on his roof. One ball came very close to hitting him, and he stressed that more protection is needed to stop the balls. His insurance company will not pay, and somebody has to be responsible. City Manager Cheney said he and Mr. Frederick talked about this. The only way they will get protection will be to imbed some tall poles into cement in the ground. Mr. Frederick advised the fence is almost 20 feet high on the south, and he did not know if they could go up high enough. Councilman Warnke suggested a net to stop the balls. Councilman Hester understood Mr. Walker's problem but pointed out that the park has been there a long time and was there before some of the houses were built in the area. He imagined the Council would do something about Mr. Walker's problem. CONSENT AGENDA A. Minutes 1. Regular City Council Meeting Minutes of July 16, 1985 2. Special City Council Meeting Minutes of Ju. ly 23, 1985 B. Bids Fluid Applied Roofing for the Boynton Beach Civic Center and Utilities Building The Tabulation Committee recommended awarding the base bid to ACI-Century, Plantation, Florida 33317, in the amount of $26,900, and to award the alternate bid to Wayne Coatings, 3721 N. E. I2th Avenue, Pompano Beach, Florida 33064, in the amount of $16,125, for the reasons given in the Agenda Memorandum from William Sullivan, Purchasing Director. Funding for the Utilities Building in the amount of $16,125 should come out of the existing Utilities' Capital Improve- ments Fund, as reauested by City Manager Cheney. Resolutions 1. Proposed Resolution NO. 85-XX Re: Support the establishment of a Council of Governments A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR THE ENACTMENT, ESTABLISHMENT - 8 - REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST 6, 1985 AND PARTICIPATION IN A COUNCIL OF GOVERNMENTS WITH MEMBERSHIP CONSISTING OF OTHER GOVERNMENTAL JURISDICTIONS IN SOUTH PALM BEACH COUNTY AND PALM BEACH COUNTY; PROVIDING AN EFFECTIVE DATE. D. Development Plans None. Consider Wells Fargo Gamefield Proposal - Congress Community Middle School In his memo of August 6, 1985, to which were attached related documents from Charles Frederick, Recreation & Park Director, City Manager Cheney recommended that the City Council authorize the submission of an application for this project and the expenditure of $3,030. Fe Consider ratification of South Central Regional Wastewater Treatment and Disposal Board Actions of July 18, 1985 Authorizing the Executive Director and one representative of the Russell and Axon, Consulting Engineers, to travel to New England to inspect projects constructed by S. G. Phillips Constructors, Inc. Councilman Warnke asked that it be noted that the Executive Director went, and the money was spent on July 26. He will bring it up at the Sewer Board meeting on Friday night (August 9, 1985). 0 Authorize the Chairman to execute the Agreement to Perform Consulting Services with Russell and Axon for Resident Project Services during Construction - Expansion of Wastewater Treatment Plant e Authorize the Chairman to execute the Agreement to Per- form Consulting Services with Russell and Axon for Pro- fessional Engineering Services During Construction - Expansion of Wastewater Treatment Plant G. Approve request for Excavation and Fill Permit, Chalet IV In his memorandum of July 31, 1985, Tom Clark, City Engineer, recommended approval, subject to an acceptable restoration bond in the amount of $30,000 being submitted prior to a permit being issued by the Building Department. H. Approval of Bills See list attached. - 9 - REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST 6, 1985 A bill from Gulfstream Lumber in the sum of $3,149.70 for the material designed to cover the shelters at the. beach was also added, pursuant to the request of City Manager Cheney. Councilman Zimmerman moved, seconded by Councilman Warnke, to accept the Consent Agenda, items A, 1, 2; B, 1, with the approval of the funding of $16,125; C; E; F, 1, 2, 3; G; and H, with the addition of the bill from Gulfstream Lumber for $3,149.70. Motion carried 4-0. BIDS None. PUBLIC HEARING None. DEVELOPMENT PLANS Consider approval of request for a 90 day extension for filing the final plat for Boynton Lakes Plaza City Manager Cheney said it was recommended that the extension for filing the final plat be granted, and the City Attorney and staff have no problems with it. COuncilman Zimmerman moved to approve the extension, seconded by Councilman Warnke. Motion carried 4-0. Consider Request for Annexation, Land Use Element Amend- ment and Rezoninq - Green Tree Plaza II City Manager Cheney said the City already gave a utility extension agreement. This was the Singer property and is a site on Boynton Beach Boulevard which was proposed for C-3. It was specifically indicated that they wanted it for a Gulf Oil Gasoline Station. Alan Ciklin was the Attorney, and it went from the Planning and Zoning Board to the Council, where there was a long discussion. It was clear from the discussion that the Council was not happy about a gas station at that corner~ A number of people spoke from the West Boynton area, outside of the city, and indicated they were concerned. City Manager Cheney guessed that Attorney Ciklin got the tenor of the conversation because he withdrew the matter before the Council voted on it. Apparently, the neighbor is now buying the land and indicates C-3. He has not indicated anything bUt a gas station, but a gas station is a permitted use in C-3. - 10 - REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST 6, 1985 City Manager Cheney recommended that the Council forward this to the Planning and Zoning Board, have it analyzed, set the record, have the public hearings, have the applicant here and see what he says he wants to do, and see where they will go from there. City Manager Cheney thought it was bes~ to go through that process than to deny that process because if they deny the process, the applicant can then go straight to the Board of County Commissioners, and the City would not have any say from the public hearing point of view. If the Council turns it down, City Manager Cheney said the applicant may go to the Board of County Commissioners any way, but at least the City Council and the Planning and Zoning Board will have taken a position on it. City Manager Cheney said the City's chances of having developed there what they would find acceptable on Boynton Beach Boulevard would be better. He advised that the applicant may make some commitments and statements that it would be embarrassing. The City may get so much on the record that he will not put a gas station there. What bothered Mayor Cassandra is that they take valuable time to go through this process. Then when they hear the tone of voice of the Council, they withdraw their request and get away with free advice and not the end conclusion. His concern was that they still want C-3, and C-3 goes with the zone requirement and not what they say they will put there. City Manager Cheney interjected that it is a little different this time because there is ~a different owner. In a sense, City Attorney Vance said it is not free advice because the City builds a record. If they try to go to the County, the City can forward that record to the County. Hopefully, they will pay some attention to it. Councilman Warnke moved, seconded by Councilman Zimmerman, to forward this to the Planning and Zoning Board for analysis and their recommendation. Motion carried 4-0. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 85-44 Re: Disabled Parking Space Violation Penalty City Attorney Vance read Proposed Ordinance No. 85-44 on second and final reading, by title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 14. MOTOR VEHICLES AND - 11 - REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST 6, 1985 TRAFFIC. OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, BY CREATING A NEW SECTION 14-9. PENALTY FOR DISABLED PARKING SPACE VIOLATION, TO PROVIDE A FINE OF FIFTY DOLLARS ($50) FOR A VIOLATION OF SECTION 3'16.1955, FLORIDA STATUTES, and SECTION 316.1956, FLORIDA STATUTES, RELATING TO IMPROPER PARKING IN PARKING SPACES RESERVED FOR DISABLED PERSONS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 14. MOTOR VEHICLES AND TRAFFIC. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Cassandra announced that this is a Public hearing. Eleanor Shuman, 2520 N. E. 1st Court, Boynton Beach, urged the passage of the Ordinance and asked that the City look around and see where more parking spaces should be under the law. She said they are not there with signs, .but thev may be on the parking lot where people cannot see them. Ms. Shuman emphasized that there are not enough handicapped park- ing spaces in view. If the "Building Committee'~ wants some help, Ms. Shuman said their Horizons Committee will be glad to do some kind of work for ~them. She noticed there would be more to this in that a revision of Ordinances would be incorporated into the Code and said she would wait to hear.what that would be all about. Ms~ Shuman recalled that the last time she was before the Council, City Manager Cheney said something about the monies eventually Collected might better go to the County than stay in Boynton Beach and wondered if he had anything more concrete to add about that. City Manager Cheney replied that what he meant to say at that time was that it would be better to have the monies go to the County than to have them not collected at all, if the City had a problem finding a way to collect them. However, the City is mn the process of amending a local ticket it gives for illegal truck parking. The ticket will be redesigned so that it will improve the opportunity to not be just truck parking. City Manager Cheney said there should be other local Codes like the handicapped parking. With that kind of situation, the money will be collected and paid to the City and kept here. It will, therefore, be the City's responsibility to enforce the collection of those funds, which is difficult and costly, but that is what the City will have to do if they adopt the Ordinance. City Manager Cheney said the City has found a way to amend its ticket, is working with Attorney Vance's office, and the tickets have to be printed. - 12 - REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST 6, 1985 Mayor Cassandra asked if the Old businesses were grandfathered in as far as parking spaces are concerned under the handicapped law. Attorney Vance answered affirmatively. Mayor Cassandra thought Ms. Shuman should be aware that when she does not see handicapped signs at a business, it'~ght notm~ey are in violation under the present law. New developers, under the City's new Code, must put in handicapped parking, but the old-timers are grandfathered in. Maybe that. should be some- thing else they should look at in the future, but right now, Mayor Cassandra said if they have six parking spaces and they are supposed to have 20, and you take away three of the six spaces for handicapped parking, they will have no spaces for anyone else either. That will be a problem that will have to be investigated. City Manager Cheney hoped the Horizons Committee would identify to the City staff where those places are. Then the City can see whether they are grandfat~ered in. He heard positive results of handicapped citizens going into .stores, speaking to the managers, and saying they will not go there any more but will go to another store. Ms. Shuman informed Mr. Cheney that she tried it without good results. Mayor Cassandra commented that normally, he asks if anyone in favor of the Ordinance wishes to speak. Obviously, Ms. Shuman was in favor of it. Dee Zibelli, 440 Ocean Parkway, thanked the Council. She thought it was about six weeks ago when she brought this matter up before the Council and thanked them for "taking the ball and running with it." Mayor Cassandra asked if anyone else wished to speak in favor of the Ordinance or against the Ordinance, and there was no response. THE PUBLIC HEARING WAS CLOSED. Councilman Zimmerman moved to adopt Ordinance 85-44 on second and final reading. Mr. Hester seconded the motion. No discussion. Mrs. Boroni took a roll call vote on the motion, as follows: Councilman Hester - Aye Councilman Warnke - Aye Councilman Zimmerman - Aye Mayor Cassandra - Aye Motion carried 4-0. Ordinances - 1st Readinq Proposed Ordinance No. 85-45 Re: Code of Ordinances Revision - 13 - REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST 6, 1985 City Attorney Vance told the Council that the City's entire Code was reviewed by the Municipal Code Corporation in Tallahassee, and they suggested certain areas be checked for compliance with the Florida Statutes, consistency, etc. His office did this and furnished a summary sheet and~copies of all of the sections referred to by the Municipal Code Corporation. The summary sheet also included the recommenda- tions from City Attorney Vance's office, and they modified the sections they recommended to be modified. They did not agree entirely with the Municipal Code Corporation and generally outlined why they did or why they did not in the summary sheet. Mayor Cassandra informed the audience that the Council was concerned that the City's Codes are outdated, inconsistent, contradictory, and in some areas ~ust repeats the-State Statutes. The Council had a workshop to listen to input, ma~e recommendations, and had a Consultant. What came back was some agreement or disagreement to the Consultant, which was what the Council was voting on tonight. Councilman Warnke asked Attorney Vance if he would recommend that the Council go along with the Codes, as revised per his (Attorney Vance's) recommendations. Attorney Vance answered affirmatively and said the Municipal Code Corpora- tion is reviewing sort of in the abstract, and they are not sitting down here with the City's Code book. In certain instances, what may look to them like a duplication or inconsistency may have some practical application at the City's level. In some instances, the City has the ability to disagree with the State and, for example, enact a tougher Ordinance, which they have done and will continue to do. Attorney Vance said his office has gone through the entire sheet and rec~endedthat the amendments, as drafted by his office, be adopted by the City Council. Councilman Zimmerman called attention to Sec. 15-7, page 1077, "Minors; secondhand or junk dealers dealing with.", and read: '~e~cept that,.such licensee may purchase rags and wastepaper from such minors." He thought aluminum cans should be permitted there too, probably instead of rags. Attorney Vance said he would check into this. Mayor Cassandra said he and City Manager Cheney had the same concerns about reimbursement. The State says you are only allowed $12.00 for dinner (Sec. 2-15, Summary Sheet). The Boynton Beach Code (page 222.6) says $15.00. May~r CaSsandra noted Attorney Vance-changed the dinner allowance to $12.00, and he noted cuts in the whole paragraph area of page 222.6 of the Boynton Beach Code. City Attorney Vance said he would revamp that section back to the original Code. - 14- REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST 6, 1985 Mayor Cassandra told the audience a paragraph was being deleted, saying the schools are not liable to pay Tax Incre- ment Financing, but the City found out it was passed by the Legislature that schools must also pay into the Tax Incre- ment Financing program for the downtown redevelopment. Mayor Cassandra said reimbursement would be changed back to the original Code. He noted Sections 2-58 and 2-59 (pages 227 and 228, Boynton Beach Code) were removed completely. City Attorney Vance said the Sections were eliminated because of duplication. It is under the Florida Statutes. Mayor Cassandra was still concerned that there should be a line somewhere saying the City is under the Florida Statutes. After more discussion, City Manager read Sec. 2-56 from page 227, Boynton Beach Code, which said the Consultants' Competitive Negotiation Act was incorporated into and made a part of the City Code by reference, being Florida Statutes Section 287.055. Mayor Cassandra continued that some Sections on school fire drills were removed because that is a function of the schools. A few other items were cut out that were repeated. The Department of Transportation has control over the trains. Councilman Warnke received a notice in his box about the 45 m.p.h, speed limit of trains and said it starts at N. E. 15th, which is not in the City limits. City Manager Cheney replied that it is some mile post between N. E. i5th and N. E. 26th, and he would ask Tom Clark, City Engineer, where it is and let the Council know. Councilman Warnke explained that the trains had nothing to do with this matter, but he had been thinking about it and brought it up. Mayor Cassandra asked if the Ordinance that was prepared would have the corrections of the reimbursements. City Attorney Vance replied that he would correct the sheets. The Ordinance would remain the same. After they correct the sheets, Attorney Vance said they could have first reading, having announced to the audience that they were going to correct the sheets. First reading could be now. City Attorney Vance read proposed Ordinance 85-45 by title: AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF BOYNTON BEACH, FLORIDA; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR VIOLATING SUCH CODE; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. - 15 - REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST 6, 1985 For the City Clerk's benefit, City Attorney Vance said the entire Code would be attached to the Ordinance. Councilman Hester moved to approve proposed Ordinance 85-45 on first reading, with the corrections. Councilman Warnke seconded the motion. Motion carried 4-0. Resolutions None. Other Water Service Agreement - DDK Properties This item was deleted, at the applicant's request. Legal Descriptions of City Boundary and Rights-of-Way to be Annexed City Manager Cheney said over the years, the description of the City has been continually added to in the Code. Bill Flushing, Assistant City Engineer, developed a redefined City limit. City Manager Cheney had a map, which he said was true and accurate, and he felt this was a good time to get it into the Code. He referred to his memorandum of August 6, 1985 and said there may be some question about annexing some of the streets listed. City Manager Cheney thought it should be sent to the Planning and Zoning Board (P&Z) and go through the process of the Technical Review Board (TRB), P&Z, public hearings to see if people have any questions about some of the streets, and bring it back to the City Council for final action. City Manager Cheney said the City has to clearly identify with the Sheriff who the primary respondent will be with roads like Hypoluxo Road and whether they are going to be in the City or out of the City. That is a part of what this process will make specific as it is reviewed by the TRB and P&Z. City Attorney Vance advised there are some pockets in the City. If one were to do this and include the small, minor pockets and present it to our local delegation, they have the authority to adopt a Special Act. There is no question of a Petition for Annexation. Attorney Vance believed the City was in good standing with the local delegation and thought it might be a time to consider cleaning up some pockets. He confirmed Mayor Cassandra's statement that the - 16 - REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST 6, 1985 City has pockets surrounded by its perimeter. City Manager Cheney informed the Council that the City has five pockets (a through e), and they are all internal. Councilman Warnke wondered if the Legislature changed the laws in the last session because Delray Beach has been having these problems for a long time. Attorney Vance told of being Special Counsel for Delray Beach in 1977 and getting a Special Act through the Legislature to annex 17 pockets at that time. He recommended that it be considered by the Planning and Zoning Board and, if it seemed like a good idea to them and the Council, to do it as a Special Act rather than by Ordinance. Mayor Cassandra asked if that was the pockets and not the rights-of-way. City Attorney Vance replied, "the whole thing." City Manager Cheney pointed out that they could do the rights-of-way without a Special Act because the rights-of- way are all owned by the public, and there would be no problem. The pockets are privately owned, and there is a question. There are non-controversial pockets, but there is a pocket on High Ridge Road, which should be a part of the development of regional impact (DRI). City Cheney said the pockets are non-controversial, not like the Delray pockets, and are all undeveloped. Councilman Warnke thought there should be two motions: 1) in accordance with the memo from City Manager Cheney on the roads and forwarding it on to the P&Z for further consider- ation; and 2) a motion to pick up on what Attorney Vance said for a presentation to the legislative delegation. City Attorney Vance suggested that if there is a decision, it is nicer to have the Legislation reaffirm your boundaries every ten or twelve years than for the City itself to do it. Councilman Zimmerman was in favor of doing most of this and was acquainted with some of the pockets, but he wanted to see a map fairly soon. City Manager Cheney promised to put a map in the Council office. Councilman Warnke moved that the Council approve the memo presented by City Manager Cheney and that the legal descrip- tions of the City's boundaries and rights-of-way to be annexed and pockets a through e, as stated by the City Manager, be addressed by the Planning and Zoning Board for further consideration. Councilman Zimmerman seconded the motion, and the motion carried 4-0. - 17- REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST~ 6, 1985 OLD BUSINESS None. NEW BUSINESS None. ADMINISTRATIVE 1. Sign Ordinance - Mayor Cassandra Mayor Cassandra reminded the Council of his concern about the look of the downtown development as far as the Sign Code. He reviewed the Code and the Codes of four other Cities, which were supplied to him by the City staff and the City Manager. There was one key point the Council must decide on, based upon what recommendations come back from the advisory board. Mayor Cassandra said that was the removal of the grandfather clause from all non-conforming signs. The time period would be a function of the recommendation of the advisory board, as well as the Council. As far as he knew, the cities he looked at had no legal problems and went from six months to four years to make the businesses do this. Councilman Warnke asked which advisory board Mayor Cassandra was talking about. Mayor Cassandra was talking about the board that looks at the Sign Ordinance and makes recommenda- tions. City Manager Cheney advised it is the Planning and Zoning Board. Mayor Cassanandra said the P&Z Board should look at it, make its recommendations as far as height, right-of-ways, setbacks, etc. Mayor Cassandra told of Cities that have done this and have all signs on the property, which gives the property a look of being cleaned up. Some cities have removed all roof signs, and some maintain a height variation. Others have one sign per building, not per building businesses, and some have made signs to the linear feet. To have any improvement in our signs, Mayor Cassandra said there must be a removal of the grandfather clause. If the majority of the Council did not feel they would approve removal of the grandfather clause, then Mayor Cassandra said there was no sense in continuing the review of Sign Ordinances. Mayor Cassandra further commented that Boynton Beach's Code is very loose. It says nothing over 30 feet PERIOD, and he - 18 - REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST ~, 1985 explained. Mayor Cassandra said very few Codes have signs with four sides, and he gave an example of such a sign in the City. Mayor Cassandra repeated that the City's Code needs changes. Councilman Warnke just came back from a trip and was amazed at the strict Sign Codes in one State, which made a beautiful landscape. He was all in favor of anything the Council could do to promote better signage in the City. If they can get the grandfather clause legally established, he thought it would be an excellent idea. Councilman Zimmerman thought the County was trying to do something with its Code, but he had no idea how many signs in the City were now non-conforming and grandfathered in. Mayor Cassandra thought anything before 1979 is grandfathered in, and a lot of signs would be affected. He said the legality had to be clarified by the Attorney, if they give what is considered a reasonable amount of time to conform. Three years might be enough time. Deerfield Beach gave six months. A city in Texas gave two years, and another one gave four years. City Attorney Vance advised that it can legally be done with a reasonable time period. Typically, you run the range of five years. Mayor Cassandra referred to Congress Avenue and Boynton Beach Boulevard and thought there should be something pretty coming into our City. Councilman Hester noted Attorney Vance said nothing illegal about it could be done. City Attorney Vance said he would probably made a recommendation regarding time, from a legal viewpoint. Mayor Cassandra said it would still have to come back before the Council, and there was to be no decision. If the Council would take the position that they want to tighten the Code and there were some specific things they wanted to do, City Manager Cheney said it would be a much simpler job for the P&Z BOard and staff than for the Council to say they should go out and redo the Sign Code. After they find out what the new standards will be, the City has to go around and make a specific list of all of the signs that are in violation so they can notify everybody that they have five years to conform. ouncilman Zimmerman asked if they were thinking about etting up a new Sign Code to fit into the downtown edevelopment area and also applying it to the rest of the - 19 - REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST .6, 1985 city. Mayor Cassandra was talking about the Whole city in general. He thought Boynton Beach Boulevard would be a very sensitive street that they would have to address, and they will have to think of the strip shopping centers. Mayor Cassandra recalled that the Code for the Central Business District says they must conform to the Boynton Beach Code. Once the City tightens its COde, they will con- form to it. Councilman Zimmerman said his decision would depend on how they revise the Code. He did think the Code needed to be tightened up and thought five years to conform was reason- able. Councilman Hester moved that the City move forward on the Sign Code with the proper legal advice on grandfathering. Councilman Warnke seconded the motion, and the motion carried 4-0. Palm Beach County Municipal League - Councilman Warnke Friday morning, August 2, Councilman Warnke said the Executive Board met for about three hours, and the line item, detailed budget was presented. They made several changes within but not to the total figure. Before present- ing it to the cities, they thought the line items would have an explanation along with them as to why they were included. A line item budget will be presented to the Municipal League's General Meeting. At that time, each individual city will make up its mind whether it wants to object or not. The next Municipal League meeting will be Friday, September 20. Letter of Support from the City of Boynton Beach for the Day Care Center Mayor Cassandra thought it would be advantageous to address a letter to Ken Adams, County Commissioner, and Kathy Green, Chairman, Community Action Council, stating that the City is in support of the Day Care Center and its Administrator, Lena Rahming, and are willing to spend money to expand the Day Care Center. They should let the County Commissioners, who are contemplating what to do with the Community Action Council, Head Start, Day Care, and other programs know that the City does not have that type of problem. The people at the last graduation (City Manager Cheney, Councilman Hester, Commissioners Ken Adams and Dorothy Wilken) saw the program, and Mayor Cassandra thought it may - 20- REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST 6, 1985 be advantageous to send such a letter. He asked that the Council agree to send such a letter through the City Manager. Councilman Warnke commented that the City has two programs (Head Start and the Day Care Center). Although Head Start is under investigation, he did not think that would kill the program. Mayor Cassandra thought both programs should be addressed and not separated. Lena Rahming's staff and volunteers work hard for both programs and not the single programs. Mayor Cassandra thought the County wanted to move the Community Action Council (CAC) out of the area. City Manager Cheney read in the paper that the recommenda- tion of the Consultant was that they pull the program back into the administrative structure of the County staff and not have it run by the CAC. That was not to say that the people on the CAC were not good, capable people, but the suggestion was that running a program with 500 or 600 kids, the money, and administration should be a part of an on- going County department, and City Manager Cheney said maybe the CAC is an advisory body to it. City Manager Cheney said Title XX is a different kind of program, but it takes place at the Day Care Center, and one reason the City is expanding the building is to accommodate it. Mayor Cassandra was concerned about fall out. City Manager Cheney was not sure if the City would want to pass a Resolution to the County Commission telling them who should staff the program inasmuch as they want to tell them the City wants to support the City's program. Mayor Cassandra thought that was the way it should go. Councilman Warnke knew it was reported that the feeling of the County Commission, and especially Dorothy Wilken, was that in no way did they want it to stop. Mayor Cassandra guessed he was trying to say they should get a letter in support of the people that work at the Boynton Beach Day Care Center and its program. - 21 - REGULAR CITY COUNCIL MEETING MINUTES BOYNTON BEACH, FLORIDA AUGUST 6, 1985 ADJOURNMENT The meeting properly adjourned at 9:15 P. M. CITY OF BOYNTON BEACH, FLORIDA Mayor Councilman Councilman ATTEST: Councilman ~ City Clerk Recording Se~fitary ( Two Tap~) - 22- AGENDA August 6, 1985 CONSENT AGENDA - ADMINISTRATIVE e e e All-Rite Paving Inc.-Partial Payment No.~2 Cherry Hill Roadway Improvement Project Phase IIB Reimbursable from Community Redevelopment Pay from General Fund---001-000-115-87-00 Be Allied Universal~Corporation Chlorine for Water Treatment Plant Pay from Water & Sewer Revenue---401-332-533-30-63 Club Car July Lease Payment 30 Golf Carts & Maintenance Pay from B.B.Rec.Fac.Rev.---411~726-572-60-8F Davis Water & Waste industries, Inc. Odophos Liquid No. 1 for Sewage Pumping Pay from Water & Sewer Revenue---40!-352-535-30-65 Ernst & WhinneF Professional services rendered through June 30, 1985 in connection with annual audit for year ended 9/30/85. Pay from General Fund. --001-000-155-03-00 2,285.00 Pay frcm Water & Sewer Rev. 401-000-155-03-00 2,023.00 Pay from Federal Revenue Sharing-320-195-519-40-66 ~,465o00 Total 5,773.00 General Tire Service 20 Tires for Vehicle Service Fund Pay from Vehicle Service Fund---501-193-5!9-30-22 General Truck Parts, Inc. Parts to repair Sanitation Vehicle %72 Pay from Vehicle Service Fund~--501-193-519-40-32 Haygood & Williams, P.A. Professional Services Rendered 6/1/85 through 6/30/85 for Community Redevelopment Agency. Pay from Community Redevelopment---621-136-513-40-61 $ 41,415.80 2,461.18 2,218.50 11,967.45 5~773.00 3,095.60 1,196.05 1,612.50 GOUNGIL APPROVED: -2- 10. 11. 12. 13. 14. 15. 16. 17. Holmac International Corporation Oil and Lube for Vehicle Service Fund Pay from Vehicle Service Fund---501-193-519-30-21 1,911.10 I.B.M. Corporation 2 Display Stations for Utility Billing Pay from Water & Sewer Revenue---401-393-539-60-7B 2,070.00 ~ohnson-Davis~ Inc. 20" Sanitary Sewer Repair for Boynton Bch.Boulevard Pay from Water & Sewer Revenue---401-35!-535-40-3F Council approved 5/21/85 20,950.00 Lamar Unifor~.s, In~. Shirts, Trouser, Shoes and Boots for Police Dept. Pay from General Fund---001-211-521-30-97 "Bid Items" 1,224.05 Lanier Business Products Microfilm Printer Reader for Building Dept. per bid specifications. Pay from General Fund .... 001-241-524-60-72 Pay from Federal Rev.Sharing-320-241-524-60-72 Total Per bid 2/26/85, Council approved 4/16/85 6,286.00 .Z,,,839. O0 14,125.00 14,125.00 unicipal Code Corporation 00 Cop'ies of Supplement ~22 to the Boynton Beach Code of Ordinances. Pay from General Fund---001-122-512-40-77 1,750.52 Nalco Chemical Company Bulk shipment of Ultrion for Water Treatment Pay from Water & Sewer Revenue---401-332-533-30-65 9,650.21 ~ept~ne Meter Company Supplies for Meter Reading Services Pay from Water & Sewer Revenue---401-334-533-30-98 2,795.24 Jim Peacock Dodge~ Inc. 12,194.70 1 Pick-up for Parks and 1 Pick-up for Meter Reading Pay from Vehicle Service Fund---501-193-519-60-81 5,971.50 Pay from Vehicle Service Fund---501-193-519-60-88 6,223.20 Total 12,194.70 "State Contract ~070-00-85-1" cOUNC, tL APPROVED: Meeting: -3- 18. 19. 20. 21. 22. 23. 24. Ellis K. Phelps & Company 1 4" CP-3127 Ftygt Pump for Lift Station ~806. Pay from Water & Sewer Revenue---401-352-535-40-33 Emergency Repair 2,569.00 Regency Dodge ~ Dodge Hatchback Sedans for Building Dept(2) and Occupational License(l) Pay from Vehicle Service Fund---50!-193-5t9-60-81 Pay from Vehicle Serviee Fund---501o193-519-60-88 Total "State Contract ~070-00-85-1" 18,353.10 12,235.40 6,117.70 18,353.10 Don Reid Ford, Inc. !0 Ford Crown Victoria Pursuit Vehicles for Police Dept. Pay from Vehicle Service Fund---501-193-519-60-88 "State Contract ~070-00-85-1" 105,830.00 S. I. Lime Company Lime for Water Treatment Plant Pay from Water & Sewer Revenue---40!-332-533-30-65 16,165.36 Sav-On Utility Supplies, Inc. 1000 Meter Couplings for Water Distribution Pay from Water & Sewer Revenue---40!-333-533-30-9E 1,880.00 Charlie Andrews Driver for Senior Citizens Club 3 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~73-!5, passed 5/15/73 210.60 Willie Ruth McGrady Server for Senior Citizens Club 3 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~73-!5, passed 5/15/73 201.60 COUNCIL APPROVED: Meetinl -4- ~ne bills described have been approved and verified by the department heads involved: checked and apProved for payment by the Finance Department. Grady W. Swann, Finance Director I therefore recommend payment of these bills. t~~ r/L~. Chen~ey,~C it~Manager