Minutes 02-05-85MINUTES OF THE REGULAR CITY COUNCIL MEET~ING HELD AT
CITY HALL, BOYNTON BEACH, FLORIDA, FEBRUARY 5, 1985
PRESENT
Carl Zimmerman, Mayor
Robert Ferrell, Vice Mayor
Nick Cassandra, Councilman
James R. Warnke, Councilman
Samuel L. Wright, Councilman
Peter L. Cheney, City Manager
Betty S. Boroni, City Clerk
James W. Vance, City Attorney
Mayor Zimmerman called the meeting to order at 7:30 P. M.
He announced we will have the invocation given tonight by
Rabbi Avrom L. Drazin, Congregation Beth Kodesh of Boynton
Beach, and we will remain standing for the Pledge of
Allegiance to the Flag led by Vice Mayor Robert Ferrell.
AGENDA APPROVAL
Mr. Cheney stated he has one addition under Administrative,
the acceptance of a gift for the city. Councilman Cassandra
moved to accept the agenda as corrected, seconded by Vice
Mayor Ferrell. Motion carried 5-0.
ANNOUNCEMENTS
Mayor Zimmerman announced there will be an A.A.R.P. Tax
Assistance Program held on the second floor of city hall on
February 1, 1985 through April 15, 1985, on Monday,
Wednesday and Friday from 9:00 A.M. to 4:00 P.M.
Mayor Zimmerman read a proclamation proclaiming February 15
and 16, 1985, as PoppY Days.
Mayor Zimmerman announced that City Hall will be closed on
Monday, February 18, 1985, in observance of President's Day.
MINUTES
Regular City Council Meeting Minutes of January 15, 1985
Vice Mayor Ferrell made a motion to approve the minutes,
seconded by Councilman Wright. Motion carried 5-0.
CITY MANAGER'S REPORT
Completion of Landscapin9 in relation to C/O Issuance
Mr. Cheney referred to the recent cold weather conditions
causing leaves and branches to fall all over the ground and
told about the problems developers and builders are encoun-
tering with completing the landscape portion of their plans.
He advised we have a temporary process now to allow
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
buildings to be occupied without landscaping as
long as they provide a bond or some kind of agreement
agreeing the site plan will be completed within a few months
as soon as trees can be transplanted again. It seems that
is a reasonable way to proceed under the circumstances.
Councilman Cassandra asked when this temporary measure would
expire and Mr. Cheney replied that we don't know how long it
will be before planters will have stock which can be
transplanted. Councilman Cassandra asked what happens if
there is not enough money in the bond and Mr. Cheney
infOrmed him we are requiring the developer to submit a copy of
his contract with the nurseryman guaranteeing the prices of
material.
Alarm System at Water Plant
Mr. Cheney referred to having a chlorine leak at the water
plant four to five years ago and told about changes made in
the process of handling chlorine. He reported about two
weeks ago, we had a chlorine tank with a bad nozzle which
came off and the alarm system did work, plus emergency
equipment was available in a room nearby. He told about the
men being trained now to handle such a situation. He com-
mented that sometimes we spend money to resolve problems and
now, we know this was worthwhile.
Purchase of Liquid Chlorine
Mr. Cheney referred to the joint bid for liquid chlorine
being listed on the Consent Agenda and stated this is
another example where we have joined with other cities in
the south county area to save money. In this particular
case, we will be saving about $1,100 for the rest of this
budget year on this joint bid. We are trying to do more and
more of this.
Purchase of Rice Lime
Mr. Cheney referred to this also being listed on the Consent
Agenda and told about the recent approval for modification
of the lime room in the water plant to change the kind of
lime we are using from pebble to rice. He advised with that
and changing the kind of lime, we may save up to $12,000 for
the remainder of this year. In September, we will be
bidding rice lime with other cities and anticipate savings
with the joint bidding.
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
G.A.L.A.
Mr. Cheney announced the next special event the city is
having is G.A.L.A. which will be held the first weekend in
March.
PUBLIC AUDIENCE
Industrial Occupancy of Building
Mr. Lazarus Salamon, 2620 N.E. 1st Court, Apartment 9201,
told about renting one of his commercial bays on Railroad
Avenue to a man in the printing business. He told about a
certificate of occupancy being held up because Mr.
Annunziato said the ink would result in contamination, but
the Fire Department apprOved. Mr. Annunziato confronted him
with other issues and then he was told there was not enough
parking. The building next door was given approval with
less parking. He stressed that he does have adequate
parking for his tenants and explained. Councilman Warnke
interrupted with stating this seems to be a staff problem
and asked if he was looking for a variance and Mr. Salamon
replied that he doesn't want to go through this harassment
every time he rents a bay. He wants to know if this is a
personal vendetta or a policy of the city.
Mr. Cheney stated Mr. Salamon was kind enough, at his
request, to put his concerns in writing. He gave a copy of
this letter together with Mr. Annunziato's response to the
Council. He suggests that possibly Mr. Salamon should meet
with him next week and respond to Mr. Annunziato's letter.
He stressed that the city codes are being followed.
Sidewalk Condition on Woolbright Road at S.W. 18th St.
Mr. Leo Feinstein, 1390 S.W. 17th Avenue, expressed his
appreciation and thanks for the sidewalk condition being
taken care of at Woolbright Road and S.W. 18th Street in
response to his request less than two weeks ago.
Contractor Scams
Mr. Leo Feinstein also expressed appreciation for Rocky
Asphalt Company being stopped from perpetrating scams on
Leisureville residents.
Mr. Cheney warned everyone not to let anybody do anything
until seeing their city occupational license.
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
Community Development Meeting
Mrs. Wilda Searcy, 402 N.E. 13th Avenue, congratulated the
Council members for getting Community Development here last
week. She then asked everyone to write their senators,
congressmen and everybody asking them not to cut the budget
for Boynton Beach in housing and community development and
to get a lunch and work program for the summer for Boynton
Beach. Also, when the Council members go to Tallahassee
this week, they should get a lobbyist for Boynton Beach, so
we can get funds that we need for Boynton Beach. This is
the richest county in Florida, but it does not look like it
in her community.
Boynton Mobile Park Operations
Ms. Helen Schwartzenberg, representing the Federation of
Mobile Homeowners, stated there has been a specific problem
at Boynton Mobile Park. She told about telling Mr. Cheney
about a commercial situation going on, but was advised it
was grandfathered in by a previous owner. However, there
have been two owners since 1980. This is residential zoning
for a mobile home park with private streets and the owner is
operating a commerciaI parking buSiness. She told about
trucks, boats, and recreational vehicles parking there and
paying a monthly fee to the owner. She wouldilike to know
what this property is actually zoned for.
Councilman Warnke asked what the Code Enforcement Department
said and Ms. Schwartzenberg stated their response was the
owner was licensed and it was grandfathered in by the pre-
vious owner. She told about the business the previous owner
had and explained how the situation had ~hanged and should
not be granted with a mobile home license. She would like
more information and an investigation made.
Councilman Cassandra suggested it would be appropriate to
ask the City Manager to give the City Council a report on
the concerns ra'[sed as he was not aware of this until now.
Mr. Cheney stated that mobile home parks are not authorized
in any zone in the city. They are all non-conforming uses.
If these are private streets, we have limited control. We
do not have any indication there was not commercial storage
of non-mobile home vehicles on this land prior to this issue.
We are pretty sure non-lived-in mobile homes were stored
here in the past. Whether it was limited to only
recreational vehicles and boats owned by people in the park,
we do not have any proof. If someone could prove there has
been an extension of that kind of storage, we may have
something to go on. We are not able to just freely go in
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
and take property rights away from an owner without proof
that he has gone beyond the law.
Mayor Zimmerman asked if the property changes hands, does
the grandfathering situation cease and Mr. Cheney replied
negatively, not as long as it was within six months and for
the same use. As far as we can see, this has been mobile
homes and storage. Ms. Schwartzenberg stated the residents
can verify it has changed and Mr. Cheney replied that up
until this moment, we have not seen proof of change in the
nature of storage. Mayor Zimmerman asked if this proof
could be supplied now and Ms. Schwartzenberg replied that
she has pictures taken in 1979-80 when the residents parked
vehicles there, but now residents are coming from all over
the area to park their vehicles. Councilman Cassandra
requested these pictures to be submitted and a report to be
given by the next meeting. Ms. Schwartzenberg stated she
would meet with Mr. Cheney next week with the pictures, plus
a group of residents are willing to testify.
Further discussion ensued regarding the actual businesses in
operation at this location over the years.
Ms. Dori Bonnemeade, representing the owner, Mr. Corrigan,
stated there has been storage on this property since 1972-73
and she has the records to verify that.
Flooding Problem on N.E. 10th Avenue
Mr. H. B. Barcalow told about many lots being under water in
the area of 10th Avenue by the Intracoastal Waterway and
thanked Councilman Cassandra for what has been done.
Development Along Canal in Mariner Village Area
Mr. Barcalow told about being concerned about the mangroves
on the canal on the north side of Mariner Village as he has
heard a permit may be issued soon to a developer.
Councilman Warnke advised the D.E.R. should be contacted
when anyone disturbs mangroves. Mr. Barcalow clarified that
he was speaking about a proposal to put slips in on the
north side. He agrees the land should be used, but the
mangroves should be left alone.
Mr. Cheney stated there was a site plan for Mariner Way
about two years ago and he suspects it will come before the
Council again within the next few months.
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
Location of F.O.P. Shooting Range
Mr. Morton Goldstein, 130 N.E. 26th Avenue, told about
hearing rumors of the F.O.P. area at 22nd Avenue and High
Ridge Road being traded for another piece of property. He
would like to go on record that he is absolutely opposed to
either a trade or sale of that piece of property. In the
north section of this city, there is no other piece of land
which could be used for a park, recreation facility, etc.
Whether the F.O.P. stays there or not, they only use 1.3
acres of land, which leaves 12 to 13 acres of land which the
city could use in the future. Prior to any decision by the
City Council, he would like to see this put to referendum of
the people whether to sell or trade or keep this for the use
of the residents.
Vice Mayor Ferrell stated there is some discussion taking
plaCe. It is a matter of swapping for like or a larger
piece of land. As far as a referendum, he would oppose that
as we were elected to make those decisions.
Councilman Warnke added that land is used by the city for
recreational purposes with the approval of the county. If
we ever revert that land to anything else, it reverts back
with the county. It is inevitable that land will be over-
run by the interchange. He agrees the police need a
shooting range. He thinks it might be premature to guess
what is coming in the future as we do not have any plans.
Mr. Goldstein questioned the interchange taking 15 acres of
land and Mr. Cheney replied there has been public discussion
about a land swap. He explained how the location of a
pistol range was not ideal at an 1-95 interchange. It has
been discussed with Riteco that maybe it made sense to give
that land to them and they would give us some of their 550
acres. The assumption is we would get more land because of
it not being as valuable as at an interchange. Also, we
cannot make a swap unless the county agrees.
Mr. Goldstein asked if the land would be in the same area
and Mr. Cheney replied affirmatively.
Councilman Cassandra clarified that nothing can be done
without Council approval.
Housing Authority Office
Mrs. Lottie Pierce, 203 N.E. llth Avenue, stated in October,
the Housing Authority was given an office on N.W. 12th
Avenue. They were given a key and house, but nothing else.
They do not have a desk, chairs, telephone, sign or nothing.
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
Last Monday night, the Chairman of the Housing Authority
decided to dissolve the Housing Authority because they can-
not do anything. If the office was furnished, she explained
how they could work and help people.
Councilman Wright suggested writing to Mr. Barry Seaman and
giving support for this office. If our members are willing
to sit there and help the residents of our community, he
thinks the county can furnish the office and supply a
telephone. Councilman Wright moved to write to Mr. Barry
Seaman and ask him to furnish furniture and supply a
telephone for use by the Boynton Beach Housing Authority,
seconded by Councilman Warnke. Under discussion, Councilman
Cassandra referred to a 2-2 vote being taken at the last
meeting of the Housing Authority to abolish it and stated he
gathered from Mrs. Pierce's presentation, she does not want
it abolished. Mrs. Pierce agreed. Motion carried 5-0.
Mr. Cheney added the building they are using is owned by the
County Housing Authority which Mr. Seaman has made available
to the Boynton Beach Housing Authority. He will write to
Mr. Seaman as requested.
Disturbances on N.E. 10th Avenue
Mrs. Lottie Pierce continued that she would like to know
what'can be done about all the shooting on 10th Avenue every
night. She would like some peace and believes the City
Council and police have forgotten 10th Avenue.
Mrs. Pierce added that garbage is being piled in huge piles.
She stressed that containers should be required and garbage
not just thrown out.
Mr. Cheney informed the Council that a report would be pro-
vided within two weeks regarding the shooting.
Mr. Cheney stated in reference to garbage piles, people must
decide to put garbage in the proper place and not on the
ground. Property owners are responsible and should have
containers. We try to enforce that, but it is a continual
problem all over the city.
Request for Approval for Church Carnival
Mr. Eroyn Girtman stated he is here to ask the Council to
consider a carnival they wish to have on the property of St.
Paul's A.M.E. Church. They have complied with all require-
ments. It was approved by the Police Department. He
requests the Council to consider approval tonight.
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
Chief Hillery advised they have conducted a study and the
only problem would be parking. There is no problem with the
actual location of the carnival. They are looking at
possible alternatives to solve the parking.
Mr. Cheney stated that he assumes if the staff and Police
Department are satisfied, the Council would approve it. Mr.
Girtman replied that they need this approval by February 20.
Mr. Cheney referred to the concern about parking and Mr.
Girtman replied that he will check into using parking at the
youth center and there is parking on 9th Avenue at the
public works complex. Councilman Wright suggested that he
speak to Rev. Lee about utilizing parking facilities at St.
John's.
Vice Mayor Ferr~ll made a motion to approve based on the
staff approving the parking and all other requirements.
Councilman Wright seconded. Under discussion, Mr. Cheney
clarified that they are aware of the parking problem and he
suspects it can be worked out. Chief Hillery added if the
church can come up with a viable parking solution, we would
be glad to go along with it. Mr. Girtman asked if the city
would give approval for parking by the public works complex
and Mr. Cheney replied affirmatively, as long as it is out-
side the fence. Motion carried 5-0.
Development Along Canal in Mariner Village Area
Mr. Jeffrey Scott King, resident of Mariner Village stated
he is unhappy about the situation across the canal. It
seems an applicant wants to construct a 32 slip marina with
a seawall. This is a residential area and this looks like
it will be a semi-commercial operation. He told about the
wildlife and vegetation in the area.
Councilman Warnke replied that he thinks Mr. King is coming
to the wrong place at this point. He should go to the Corps
of Engineers and Department of Environmental Regulation, as
we have no jurisdiction over this until they approve it.
Mr. Cheney added that he thinks the same kind of development
is being planned as Mariner Village. It will be coming to
the City Council for site plan approval. It also must go to
the Corps of Engineers and D.E.R. He suspects they will not
go ahead with the residential develoPment unless getting
approval for the waterway area.
Mr. King further stated he did not want to see this area
abused, but kept in the natural state, the same as Mariner
Village.
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REGULAR CITY COUNCIL MEETING'
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
CONSENT AGENDA
A. Bids
Joint Bid - Liquid Chlorine - Utilities
The Tabulation Committee recommends awarding the bid to the
low bidder, Allied Universal, in the amount of $214.45 per
ton.
Annual Typewriter Contract - 1985 & 1986
The Tabulation Committee recommends awarding the bid to
Business Machines, Inc., in the amount of $3,300.
B. Resolutions
Proposed Resolution No. 85-E - Re: Final Plat Approval -
Plat III, Boynton Lakes PUD
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE FINAL PLAT FOR BOYNTON LAKES, PLAT NO. 3
(P.U.D.) IN SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST
Proposed ResolUtion No. 85-F -'Re: Bond Reduction - Plat
I, Stonehaven PUD
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, REDUCING THE AMOUNT OF THE PERFORMANCE BOND
FOR PLAT I OF STONEHAVEN P.U.D. IN SECTION 30, TOWNSHIP 45
SOUTH, RANGE 43 EAST
Proposed Resolution No. 85-G - Re: Bond Reduction - Plat
II, Stovehaven PUD
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, REDUCING THE AMOUNT OF THE PERFORMANCE BOND
FOR PLAT II OF STONEHAVEN P.U.D. IN SECTION 30, TOWNSHIP 45
SOUTH, RANGE 43 EAST
Proposed Resolution No. 85-H - Re: Bond Reduction for
Excavation and Fill - Stonehaven PUD
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, REDUCING THE AMOUNT OF THE PERFORMANCE BOND
FOR EXCAVATION AND FILL FOR STONEHAVEN P.U.D. IN SECTION 30,
TOWNSHIP 45 SOUTH, RANGE 43 EAST
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
C. Approve Purchase of "Rice" Lime - Utilities
A memo from the Purchasing Agent dated January 25, 1985,
outlines the savings for this type of lime and recommends
continuing with Longview Lime until we can participate in
the joint co-op bid with Boca Raton and Deerfield Beach.
De
Approve Replacement of Main Circuit Breaker at Water
Treatment Plant
Mr. Cheney referred to a memorandum from Mr. Cessna dated
January 22, 1985, being self-explanatory and pointing out a
maintenance need and noted having discussed the matter with
them and having reviewed the current operational problems
and the proposed new system, he concurs with the recommended
change. He also concurs with the proposal to use Edwards
Electric as the company to replace these circuit breakers
since they have been the city's contractor for major
electrical problems and improvements for sometime.
Ee
Approve Authorization for Disposal of Records -
Personnel
The Personnel Director has requested this authorization per
Notice of Intent No. 53 submitted.
F. Approve Refund for Cemetery Lot 552A, Block N
Mr. John N. Patterson submitted this request for refund.
G. Approve Change Order No. 1 - Cherry Hills Roadway
Improvement Project
Mr. Tom Clark recommends approval per his memorandum dated
January 30, 1985, with the extra cost totalling $2,000.
Councilman Cassandra noted there was an error in addition on
the Project Change Notice in the amount of $2,000 and the
total contract amount should be $477,202.
H. Approval of Bills
See list attached.
Councilman Wright moved to approve, seconded by Vice Mayor
Ferrell. Motion carried 5-0.
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
BIDS
NONE
PUBLIC HEARING
NONE
DEVELOPMENT PLANS
NONE
LEGAL
Ordinances - 2nd Reading - Public Hearing
Proposed Ordinance No. 85-10 - Re: Access Cable TV
Franchise
FEBRUARY 5, 1985
Mr. Vance read proposed Ordinance No. 85-10 by title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE NO. 84-29, WHICH
GRANTED A NON-EXCLUSIVE LICENSE TO ACCESS CABLE OF WEST
BOYNTON, INC., TO OPERATE A COMMUNITY ANTENNA TELEVISION
SYSTEM WITHIN CERTAIN AREAS OF THE MUNICIPAL LIMITS OF
THE CITY OF BOYNTON BEACH, TO EXPAND THE FRANCHISE
BOUNDARIES TO ENCOMPASS THE ENTIRE CITY OF BOYNTON BEACH
AND ANY AREA SUBSEQUENTLY ANNEXED; PROVIDING A NEW
ADDRESS FOR THE APPLICANT; PROVIDING AN UPDATED LIST OF
THE NAMES, TITLES AND ADDRESSES OF THE DIRECTORS,
STOCKHOLDERS AND OFFICERS OF ACCESS CABLE; TO AMEND THE
FINANCIAL STATEMENT AS PREVIOUSLY SUBMITTED; PROVIDING
THAT EACH AND EVERY OTHER PROVISION OF ORDINANCE NO.
84-29 SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ENACTED AND AS AMENDED HEREBY; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Zimmerman ascertained nobody in the audience wished to
speak in favor or opposition to this ordinance.
Vice Mayor Ferrell made a motion to adopt proposed Ordinance
No. 85-10 on second reading, seconded by Councilman Wright.
No discussion. Mrs. Boroni took a roll call vote as
follows:
Councilman Cassandra - Aye
Councilman Warnke - Aye
Councilman Wright - Aye
Mayor Zimmerman - Aye
Vice Mayor Ferrell - Aye
Motion carried 5-0.
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
Proposed Ordinance No. 85-11 - Re: Authorizing General
Obligation Bonds for Construction of a Civic Center
Mr. Vance read proposed Ordinance No. 85-11 in its entirety:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING THE ISSUANCE, SUBJECT TO THE
ELECTION HEREIN PROVIDED FOR, OF NOT EXCEEDING
$3,500,000 BONDS OF THE CITY OF BOYNTON BEACH, WITH ANY
OTHER AVAILABLE FUNDS, FOR PAYING THE COST OF
ACQUISITION AND CONSTRUCTION OF A CIVIC CENTER IN THE
CITY OF BOYNTON BEACH, TOGETHER WITH NECESSARY PARKING
FACILITIES AND ANY EQUIPMENT, FURNISHINGS AND
LANDSCAPING NECESSARY OR DESIRABLE IN CONNECTION
THEREWITH; AND DECLARING THAT THIS ORDINANCE SHALL TAKE
EFFECT IMMEDIATELY UPON ITS ADOPTION.
Mayor Zimmerman asked if anyone wished to speak in favor of
adopting this ordinance.
Mr. Jim Buffan, 3122 Fernwood Drive, referred to the current
civic center having served its purpose and stated with the
city's growth, a multi-purpose center is needed not only for
the arts, but sports, etc.
Mayor Zimmerman asked if anyone was opposed to the adoption
of this ordinance and received no response.
Vice Mayor Ferrell made a motion to adopt Ordinance No.
85-11 on second reading, seconded by Councilman Wright.
Under discussion, Councilman Wright stated brochures are
available for any residents interested in promoting these
issues. Vice Mayor Ferrell commented that the Council's
wisdom just ended and now it sits on the ballot. We must
make sure everyone is aware of what is going on. Mrs.
Boroni then took a roll call vote on the motion:
Councilman Warnke - Aye
Councilman Wright - Aye
Mayor Zimmerman - Aye
Vice Mayor Ferrell - Aye
Councilman Cassandra - Aye
Motion carried 5-0.
Proposed Ordinance No. 85-12 - Re: Holding of Special
Bond Election in Conjunction with the Regular Municipal
Election (Civic Center Bond)
Mr. Vance read proposed Ordinance No. 85-12 in full:
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, PROVIDING FOR THE HOLDING OF A SPECIAL
BOND ELECTION IN CONJUNCTION WITH THE REGULAR MUNICIPAL
ELECTION IN THE CITY OF BOYNTON BEACH ON MARCH 12, 1985,
AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT
IMMEDIATELY UPON ITS ADOPTION.
Mayor Zimmerman asked if anyone in the audience in favor of
the passage of this ordinance cared to speak. There was a
question about the total amount and Mr. Vance replied it was
stated not more than $3,500,000 for the Civic Center. Mayor
Zimmerman asked if anyone opposed to this ordinance cared to
speak and received no response.
Councilman Warnke moved to adopt Ordinance No. 85-12 on
second and final reading, seconded by Vice Mayor Ferrell.
No discussion. Mrs. Boroni took a roll call vote on the
motion as follows:
Councilman Wright - Aye
Mayor Zimmerman - Aye
Vice Mayor Ferrell - Aye
Councilman Cassandra - Aye
Councilman Warnke - Aye
Motion carried 5-0.
At this time, Mayor Zimmerman declared a break and then
reconvened the meeting at 9:05 P. M.
Ordinances - 1st Reading
Proposed Ordinance No. 85-13 - Re: Control of Helicopter
Landing Areas
Mr. Vance read proposed Ordinance No. 85-13 by title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING CHAPTER 15. OFFENSES -
MISCELLANEOUS. BY ADDING A NEW ARTICLE V. AIRCRAFT
LANDING REGULATIONS., SECTIONS 15-70 AND 15-71. TO
REGULATE THE LANDING LOCATIONS OF AIRPLANES, HELICOPTERS
AND OTHER AIRCRAFT TO MAKE IT UNLAWFUL TO LAND AIRCRAFT
OTHER THAN IN PERMITTED AND DESIGNED AREAS; TO PROVIDE
THE CITY MANAGER, OR HIS DESIGNEE, WITH AUTHORITY TO
GRANT TEMPORARY APPROVAL FOR LANDINGS OF AIRCRAFT OR
HELICOPTERS AT SPECIFIC LOCATIONS; PROVIDING THAT EACH
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
AND EVERY OTHER PROVISION OF CHAPTER 15. OFFENSES. 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.
Vice Mayor Ferrell made a motion to adopt Ordinance No.
85-13 on first reading, seconded by Councilman Warnke.
Under discussion, Councilman Cassandra suggested that the
Council be made aware of applications received and Mr.
Cheney explained how permission would probably only be
granted in semi-emergency situations. Mr. Vance added that
it is only a temporary permit. Mr. Cheney agreed that it
could be included to notify the Council as soon as feasibly
possible and Councilman Cassandra replied that he would like
to be informed. Mr. Barcalow cautioned the Council about
issuing a permit except in emergency situations. Councilman
Warnke suggested that the F.A.A. be notified, so they can
put this out in notices to airmen and also notices should be
posted in regional airports. Mrs. Boroni then took a roll
call vote on the motion as follows:
Mayor Zimmerman - Aye
Vice Mayor Ferrell - Aye
Councilman Cassandra - Aye
Councilman Warnke - Aye
Councilman Wright - Aye
Motion carried 5-0.
Proposed Ordinance No. 85-14 - Re: Amend Utility Service
Tax (Heating Fuel)
Mr. Vance read proposed Ordinance No. 85-14 by title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING CHAPTER 23. TAXATION, ARTICLE
II. PUBLIC SERVICE TAX, SECTION 23-14. LEVIED. OF THE
CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA, AS
AMENDED BY ORDINANCE NO. 85-8, TO LEVY A TAX ON THE
PURCHASE OF FUEL OIL AT THE RATE OF FOUR (4) CENTS PER
GALLON; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF
CHAPTER 23. TAXATION, ARTICLE II. PUBLIC SERVICE TAX.
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.
Vice Mayor Ferrell made a motion to adopt this ordinance on
first reading, seconded by Councilman Warnke. Under
- 14 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
discussion, Mr. Cheney informed the Council that after we
adopted the increase in the utility service tax, he had a
call from a supplier of heating oil asking for a copy of the
ordinance. According to the statutes, a utility service tax
is authorized for this particular activity if approved by
local ordinance. It had not been included in the past, but
had been collected. This ordinance brings it up to date.
Mrs. Boroni then took a roll call vote on the motion:
Vice Mayor Ferrell - Aye
Councilman Cassandra - Aye
Councilman Warnke - Aye
Councilman Wright - Aye
Mayor Zimmerman - Aye
Motion carried 5-0.
Proposed Ordinance No. 85-15 - Re: Annexation of
Rights-of-Way/Boynton Beach Boulevard, Knuth Road and
Boynton Beach Plaza Alleyway
Mr. Vance read proposed Ordinance No. 85-15 by title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT
OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN
PALM BEACH COUNTY, AND THAT WILL, UPON ITS ANNEXATION,
CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY
TERRITORY; SAID PROPERTY COMPRISING THE EXISTING
RIGHT-OF-WAY FOR A PORTION OF BOYNTON BEACH BOULEVARD, A
PORTION OF KNUTH ROAD, AND AN ALLEYWAY ABUTTING THE
BOYNTON BEACH PLAZA; PROVIDING A CONFLICTS CLAUSE AND A
SEVERABILITY CLAUSE; PROVIDING FOR ADVERTISING;
PROVIDING AN EFFECTIVE DATE AND AUTHORITY TO CODIFY;
PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT
COURT; AND FOR OTHER PURPOSES.
Mr. Vance clarified that this is strictly for rights-of-way
which should be in the city. Mr. Cheney distributed an
excerpt of the minutes of December 4 when these were
discussed in connection with the post office and it was
agreed to amend the post office annexation to include just
the rights-of-way which were a part of the post office
annexation. He explained the portions of the rights-of-way
covered and stated with being located in the city, it will
give us more control.
Vice Mayor Ferrell made a motion to adopt this ordinance on
first reading, seconded by Councilman Cassandra. Under
- 15 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
discussion, Mayor Zimmerman referred to having to improve
the roadway at our expense now when the post office is
constructed and Mr. Cheney replied that anybody improves the
road to their property and Mr. Vance added because it is
within the city, it will not affect the requirement for the
post office to improve it. Councilman Warnke questioned the
portion of West Boynton Beach Boulevard being annexed and
Mr. Cheney informed him this goes out to Plaza West.
Councilman Warnke referred to that being ~ state road and
Mr. Cheney replied that state and county roads are within
the city. Councilman Cassandra referred to the post office
not taking over the right-of-way for their use and Mr. ~
Cheney clarified that they do not want the right-of-way, but
our position will be we control access to that road and it
must be built to our requirements or they cannot use it.
Mayor Zimmerman referred to the county having authority to
get the post office to improve that right-of-way and Mr.
Cheney informed him that the county does not care'about that
road. Mr. Vance added that we hope the county would consult
with us regarding that road and any applications they
receive. Mrs. Boroni then took a roll call vote on the
motion as follows:
Councilman Cassandra - Aye
Councilman Warnke - Aye
Councilman Wright - Aye
Mayor Zimmerman - Aye
Vice Mayor Ferrell - Aye
Motion carried 5-0.
Proposed Ordinance No. 85-16 - Re: Noise Ordinanc~
Mr. Vance stated a draft noise ordinance has been distri-
buted to the Council members, but he would like to have an
opportunity to review thi~ a little more with the special con-
sultant. He would like the Council also to review and com-
ment.
Councilman Warnke moved to postpone proposed Ordinance No.
85-16 until February 19, seconded by Councilman Cassandra.
No discussion. Motion carried 5-0.
Resolutions
Proposed Resolution No. 85-I - Re: Requesting permission
from the Board of County Commissioners to Annex into the
City Rights-of-Way/Boynton Beach Boulevard, Knuth Road
and Boynton Beach Plaza.Alleyway
- 16 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
Mr. Vance read proposed Resolution No. 85-I by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF
COUNTY COMMISSIONERS TO ANNEX INTO THE CITY OF BOYNTON
BEACH CERTAIN PUBLIC RIGHTS-OF-WAY WHICH ARE CURRENTLY
IN THE UNINCORPORATED AREA OF PALM BEACH COUNTY,
FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Councilman Warnke moved to adopt Resolution No. 85-I,
seconded by Councilman Wright. No discussion. Motion
carried 5-0.
Proposed Resolution No. 85-J - Re: Industrial
Development Bonds - Boynton Commerce Center
Mr. Vance read proposed Resolution No. 85-J by title:
A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE, PURSUANT
TO PART II OF CHAPTER 159, FLORIDA STATUTES, AS AMENDED,
OF NOT EXCEEDING $9,500,000 AGGREGATE PRINCIPAL AMOUNT
OF THE CITY OF BOYNTON BEACH INDUSTRIAL DEVELOPMENT
REVENUE BONDS (BOYNTON COMMERCENTER PROJECT), FOR THE
PURPOSE OF PAYING ALL OR A PORTION OF THE COST OF THE
ACQUISITION, CONSTRUCTION AND INSTALLATION BY BOYNTON
COMMERCENTER GENERAL PARTNERSHIP OF A CAPITAL PROJECT
CONSISTING OF A WAREHOUSE AND DISTRIBUTION FACILITY FOR
LEASE TO ONE OR MORE ENTITIES TO BE APPROVED BY THE CITY
COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING
THAT SUCH REVENUE BONDS SHALL NOT CONSTITUTE A DEBT,
LIABILITY OR OBLIGATION OF THE CITY OF BOYNTON BEACH OR
OF THE STATE OF FLORIDA OR OF ANY POLITICAL SUBDIVISION
THEREOF BUT SHALL BE PAYABLE SOLELY FROM THE REVENUES
AND PROCEEDS PROVIDED THEREFOR; APPROVING AND
AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT
PURCHASE CONTRACT PROVIDING FOR THE SALE OF SAID CAPITAL
PROJECT TO BOYNTON COMMERCENTER GENERAL PARTNERSHIP AND
FOR THE DELIVERY BY A BANK, INSURANCE COMPANY OR
FINANCIAL INSTITUTION OF A LETTER OF CREDIT OR OF
ANOTHER CREDIT ENHANCEMENT FACILITY AS DESCRIBED
THEREIN; APPROVING AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A MORTGAGE AND SECURITY AGREEMENT GRANTING
TO THE CITY A FIRST LIEN ON AND A FIRST SECURITY
INTEREST IN THE PROJECT AND THE SITE THEREOF; APPROVING
THE FORMS OF A GUARANTY AGREEMENT AND AN ASSIGNMENT OF
LEASES AND RENTS; AND AUTHORIZING PROCEEDINGS VALIDATING
SAID REVENUE BONDS.
- 17 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
Vice Mayor Ferrell made a motion to adopt Resolution No.
85-J, seconded by Councilman Wright. Under discussion,
Councilman Cassandra expressed concern about the landscaping
problem at this center and asked if we could imply to square
away the problem. Mr. Cheney stated that certificates of
occupancy have been given for the first two shells and each
building shell has to get its own c/o. They did a lot of
landscaping work before the freeze. We do have control over
them.~ This particular approval addresses refinancing of the
whole project. Mr. Vance added that he will also validate
this issue in circuit court. Mr. Cheney clarified that the
city, in no way, is not pledging anything to these
industrial revenue bonds; we get income from them.
Councilman Warnke referred to the last legislature limiting
the amount of industrial revenue bonds throughout the state
on an allocation basis and asked if this would use up our
allocation and Mr. Cheney informed him these are exempt
because these were started last June. Motion carried 5-0.
Other
Ratification of Police Union Contract
Mr. Cheney reported that the Police Union met in January and
ratified the union contract with the understanding the wage
adjustment for the current year would be effective Thursday,
December 27, 1984. This calls for a 4% cost of living
adjustment as of December and 2% as of June. These adjust-
ments are similar to the ones granted to the Fire Department
and regular city employees, but just a couple months later.
He told about some minor improvements made. He recommends
voting to ratify this contract.
Councilman Cassandra moved to ratify this contract as recom-
mended in the memo dated February 5, 1985, from City Manager
Cheney. Vice Mayor Ferrell seconded the motion. No
discussion. Motion carried 5-0.
OLD BUSINESS
Response to Previous City Council Reguests for Information
Occupational License Requirements for Contractors
Mr. Cheney stated at the last meeting, it was requested that
the contractors present their concerns in writing, but they
did not. He did talk to a couple on the phone. He stated a
report was submitted indicating what other cities are doing
and identifying the different licenses. He feels there is a
lack of understanding what they are paying for.
- 18 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1985
Councilman Cassandra requested that a copy of this report be
mailed to Mr. Bob Johnson, so he can see there was an effort
of research done. Councilman Wright added that he would
also like Mr. Bob Morrow to get a copy. Councilman Warnke
added that it should be available for anyone desiring a
copy. Mr. Cheney replied that he will put copies in the
license office and send to those who spoke at the meeting.
Councilman Wright moved to accept the report, seconded by
Councilman Cassandra. No discussion. Motion carried 5-0.
City Support of Day Care Reconstruction
Mr. Cheney referred to a lot of progress being made in a
meeting held with a number of representatives of the Boynton
Beach Child Care Center Board of Directors and stated a
couple things came out of this meeting. One was the feeling
that possibly the city could assist in funding improvements
in the existing day care facility similar to what was pro-
posed for improvements to the Rainbow Grocery building. The
Day Care Center has not raised a significant amount of money
so far. It was agreed that he and Bud Howell would visit
the Gaines Park facility and he told about how impressed
they were with this facility. We have met with the contrac-
tor selected by the Day Care Center to see if he was willing
to work with the city on a redesigned selection. We have
met with the architect and discussed his willingness to par-
ticipate. It was agreed sometime later this week, some of
our city people, the contractor and architect will visit the
original facility and view what we have there. He told
about plans to expand the present facility if possible. He
recommends we go back to where we were when first talking
about the day care facility and consider putting $110,000
out of the utility service tax program with $15,000 from the
Day Care Center and redesign it and do it right if the
existing building allows. He thinks this is the time to do
it right and have a good facility. If the Council agrees in
general with this concept, he will move in that direction
and give a report.
Vice Mayor Ferrell made a motion to go ahead with the
reports on the progress, seconded by Councilman Wright.
Under discussion, Councilman Cassandra added the Day Care
Center people should be aware of what we are doing and Mr.
Cheney agreed and stated a copy of this report will be sent
ko them. They will also be included in the discussions.
Motion carried 5-0.
Approve Lease Agreement with Boynton Beach Child Care
~enter, Inc. (Tabled)
Mayor Zimmerman announced this would be left on the table.
- 19 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
Request for Approval to Proceed with Phase II of Landfill
Closure Project
Mr. Cheney referred to submitting a report updating the sta-
tus of this project and stated the first phase has been
accomplished at a lower cost than set aside. There are no
unmanageable or unusual problems at the landfill. He propo-
ses to go on with Phase II with the funds available and see
where we stand.
Councilman Cassandra referred to checking surrounding
neighbors' wells and Mr. Cheney replied that would be out of
the second study, but D.E.R. has said it is not necessary as
they can find out what they need to know by examining wells
on the site. Councilman Cassandra referred to checking for
contamination and Mr. Cheney replied they will do whatever
is necessary to meet requirements.
Councilman Warnke moved to approve this request to proceed
with Phase II of the landfill closure project subject to
comments, seconded by Councilman Wright. Under discussion,
Mayor Zimmerman read from the report that the implication is
clear that during Phase II, the need to identify additional
revenues will become necessary, most likely through the
sanitation rate structure. Motion carried 5-0.
Review of Activity Concerning Implementation of Capital
Improvement Program
Mr. Cheney told about printing the voters' information
booklet and stated interviews at the staff level have been
completed through the consultant negotiating process. He
~ould like the Council to set up a time when they could
interview the three final architects. He suggested Monday,
February 25, or Tuesday, February 26. Councilman Wright
replied that Tuesday would be better. Mr. Cheney stated he
will check with the three firms and will try for February 26
with interviewing beginning at 7:00 P.M.
4r. Cheney stated there have also been some organizations
~sking if someone could speak to their groups in reference
~o the capital improvement program. He advised the Mayor
~nd Council would be glad to do this. The Art League would
like someone on February 9 and only Councilman Cassandra
;ill be here then. The Chamber is having a program on
?ebruary 22. He suggests that the Council be available, so
~he citizens will know what it is all about. He will work
- 20 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
on citizen information meetings. Mr. Charles Frederick
added that the booklets will be distributed to all the
schools in Boynton Beach. Mr. Cheney added if the bond
issues are not passed, our commitment to the Day Care
Facility may not be a legitimate commitment.
NEW BUSINESS
Approval of Entrance Sign at The Meadows
Vice Mayor Ferrell made a motion to approve the entrance
sign as recommended by the City Manager subject to staff
recommendations, seconded by Councilman Warnke. Under
discussion, Councilman Cassandra questioned the five year
period and Mr. Cheney replied he thinks they should be
assured the sign during the development stage of the pro-
ject. Councilman Cassandra referred to the possibility of
Congress Avenue expanding and needing this area and Mr.
Cheney replied this Ks located beyond the six lanes. Motion
carried 5-0°
ADMINISTRATIVE
Accept Charles Mucciolo's, Alternate Member, Resignation
from the Community Appearance Board
Councilman Wright moved to accept and send a letter of
appreciation to Mr. Charles Mucciolo. Vice Mayor Ferrell
seconded. No discussion. Motion carried 5-0.
Consider Replacement to Fill Above Position - Vice Mayor
Robert Ferrell
Vice Mayor Ferrell moved to table, seconded by Councilman
Wright. Motion carried 5-0.
Accept Wilda Searcy's resignation from Boynton Beach
Housing Authority
Councilman Wright moved to accept and send a letter of
thanks, seconded by Vice Mayor Ferrell. No discussion.
Motion carried 5-0.
Consider Replacement to Fill Above Position - Councilman
Sam Wright
Councilman Warnke referred to the Housing Authority being in
limbo at the present time with deciding whether to continue
- 21-
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
and Councilman Wright agreed they need to decide on their
function as a board. Mayor Zimmerman added he doesn't
believe if we gave them the position acting as an indepen-
dent authority to build housing that they would be more
effective than the County Housing Authority. Also, the
funds don't seem to be available. Councilman Wright added
there are things possibly they could do, but they must work
with the County Housing Authority. He continued that until
that can be determined, it might be best to leave it as it
is.
Councilman Wright moved to move up Michael Staley from
alternate to regular position, seconded by Vice Mayor
Ferrell. No discussion. Motion carried 5-0.
Councilman Warnke moved to table the alternate position, as
he does not have an appointment, seconded by Councilman
Cassandra. No discussion. Motion carried 5-0.
Consider Replacement to Fill Vacancy on Community
Relations Board
Councilman Cassandra moved to move up Barbara Kruger, since
she has attended most of the meetings as an alternate,
seconded by Vice Mayor Ferrell. No discussion. Motion
carried 5-0.
Councilman Cassandra stated at least three talent bank forms
have been received from people who want to serve on the
Community Relations Board. He thinks it might be advan-
tageous to put them on the board and increase the number.
Councilman Wright disagreed with stating this may create a
problem. Mayor Zimmerman stated he is not prepared to make
an appointment.
Councilman Warnke moved to table, seconded by Councilman
Cassandra. No discussion. Motion carried 5-0.
Consider Replacement to Fill Vacancy on Civil Service
Board
Councilman Cassandra suggested it might be advantageous to
table this and make sure to have it filled by the next
meeting, because they have a Civil Service Hearing on
February 27 and 28 which would require a Chairman. Vice
Mayor Ferrell added that they do have alternates.
Vice Mayor Ferrell moved to table this selection until the
next meeting, seconded by Councilman Wright. No discussion.
Motion carried 5-0.
- 22 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
Consider Council Guidelines for the Public - Requested
by Councilman James R. Warnke
Councilman Wright so moved with the possibility of the staff
looking into this. Councilman Warnke requested discussion
as he just submitted suggestions.
Vice Mayor Ferrell referred to the handbook having an
interesting chapter on paring down meetings and suggested
possibly with the seating of the new Council, we could come
up with new ideas. In reference to responses on information
requests from an individual Councilman, he thinks it should
just be provided to that individual Councilmember. If it is
important, it could be brought up for discussion. He thinks
the possibility of starting a half hour early should be
given consideration so any member of the Council could get
information for clarification. He still thinks the Public
Audience period should be at the end of the meeting. This
is a generally accepted viewpoint to insure the business is
accomplished first before unscheduled business.
Councilman Warnke replied that having the Public Audience
period at the end puts an undue burden on the public having
a valid comment. If they have gone through the complete
city staff and it cannot be resolved, it should be brought
before the Council. It should not be pushed off on the City
Manager every time. Vice Mayor Ferrell responded that the
other people on the agenda are the same public and they have
regularly scheduled business. He requests that this
suggestion be given thought.
Councilman Wright commented that he thinks the suggestion of
the Council coming earlier for questions of the staff is
good. However, he does not like putting the Public Audience
to the end.
Councilman Warnke moved to put the guidelines submitted as a
separate xerox sheet attached to the agenda and/or have it
on the agenda sheet to give the public audience guidelines.
He added that it can be condensed and the City Manager and
his staff can adjust it. Vice Mayor Ferrell seconded.
Motion carried 5-0.
Vice Mayor Ferrell suggested trying comments on response to
information requests during the half hour prior to the
meeting. He added the meeting still would be at 7:30 P.M.
with a study session before.
Vice Mayor Ferrell made a motion that we delete from the
agenda the responses to information requests by individual
- 23-
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
Councilmembers and they should be made to the Councilmember
individually. Councilman Wright seconded the motion. Under
discussion, Councilman Cassandra stated he doesn't think any
Councilmember can say what is important to another
Councilmember. It may be something he feels he wants to do
publicly. Vice Mayor Ferrell replied in that case, it can
be put on the agenda by the Councilmember and he explained
how the individual requests could be answered unless
requested to be on the agenda for everyone's information.
Mr. Cheney advised that most have been in response to issues
which have come up under Public Audience and the alternative
would be to respond to the citizens directly. Vice Mayor
Ferrell clarified that if it is something brought up by the
public, then it should be left on. Councilman Wright
suggested possibly some could go on the Consent Agenda and
dis6uss only if needed. He added that it seems to put a
time limit on the staff in responding back to the Council on
these matters.
Vice Mayor Ferrell clarified that his motion is to delete
individual requests by Councilmen and answers not placed as
an agenda item. It could be handled by a memo from the
staff to the Councilman. Councilman Wright seconded and
added when applicable, it should be put under the Consent
Agenda for discussion if needed. Motion carried 5-0.
Vice Mayor Ferrell stated he would like to bring up again
that we have prior to the start of the meeting a session
with staff available to give any input. It would be public,
but would be a study session. Councilman Warnke replied
that this could be done any time during the week. Mr. Vance
advised if the City Council desires to have the staff
available for an additional half hour, it can be done. It
would not be a meeting of the City Council.
Mr. Cheney stated his problem with this is to know who to
ask to be here at 7:00 P.M. He has thought about scheduling
somewhere on a rotating basis a presentation by a department
either before a City Council meeting, part of the meeting,
or one Council meeting a month to give a summary of what
that department is doing at that particular moment. He
would hate to have it done at 7:00 if the entire Council was
not present. He will work this out in the future.
Councilman Warnke asked if this would turn into a platform
in working toward the next budget and Mr. Cheney replied
negatively as his idea is to point out where we stand. If
the Council is going to address next year's budget, they
will have some understanding of the activities of the
department.
- 24-
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
Councilman Warnke complimented the City Manager on the
monthly reports forwarded to the Council. Councilman Wright
suggested starting the next meeting at 7:15 P.M. Councilman
Cassandra suggested giving it further thought and coming
back with suggestions. Councilman Wright suggested having a
trial run. Mayor Zimmerman suggested letting it stand as is
and it can be placed on the agenda.
Consider Summer Work Program - Requested by Councilman
Nick Cassandra
Councilman Cassandra referred to the memo dated February 5,
1985, from George Hunt summing it up, but added that he
changed the idea from a city trash truck to getting
dumpsters at appropriate locations to be picked up with
regular pickups. The only thing he needs is if the Council
would be acceptable for $10,000 outlay for the program. He
is looking to see if it can be worked out. If they come
back with a program, is there $10,000 available?
Councilman Wright asked if it would be just for children
from impoverished homes and Councilman Cassandra replied it
would be for anyone approved by the Community Relations
Board. CounCilman Wright questioned the number and
Councilman Cassandra replied six. Councilman Wright com-
mented that he thinks it is a good program. Councilman
Warnke asked if youths who have been sentenced to community
service work would be included and Councilman Cassandra
replied affirmatively and added the original idea was to get
Boynton Beach high school students. Councilman Warnke
referred to getting into trespassing, insurance, etc. When
going onto private property and Councilman Cassandra agreed
this has to be investigated.
Councilman Wright moved to accept this idea in concept and
after definite plans are presented, we will make a final
decision. The motion was seconded and carried 5-0.
Acceptance of Gift
Mr. Cheney stated a gentleman has offered to give us a
mobile home. We would propose to accept it and use it as
office space wherever there is the greatest need. The only
cost would be to tow it here and put it somewhere.
Councilman Cassandra asked if it could be a mobile library
and Mr. Cheney replied that we do not have the money to
staff a mobile library and he suggests using it for existing
programs we have now. Councilman Wright questioned who
would occupy it and Mr. Cheney replied that he was not sure,
but possibly it may be used by the Recreation Department.
- 25 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 5, 1985
Councilman Warnke moved to accept this gift, seconded by
Councilman Wright. No discussion. Motion carried 5-0.
ADJOURNMENT
Councilman Wright moved to adjourn, seconded by Vice Mayor
Ferrell. Motion carried 5-0 and the meeting was properly
adjourned at 10:35 P. M.
CITY OF BOYNTON BEACH, FLORIDA
Counci lma n
ATTEST:
C'ty Clerk
Recording Secretary
(Three Tapes)
- 26 -
AGENDA
February 5, 1985
CONSENT AGENDA - ADMINISTRATIVE
e
~VANCE AIR CONDITIONING & HEATING, INC.
15 Ton Condenser Rheem Model for Civic Center
Pay from General Fund---001-72!-572-60-73
Per bid 12/7/84, Council approved 12/18/84
ALLEN INSURANCE AGENCY
Audit on Workers Compensation for period 10/16/83
to 10/16/84.
Pay from General Fund---001-000-247-42-00
ALLIED UNIVERSAL CORPORATION
Chlorine for Water Treatment
Pay from Water & Sewer Rev.---401-332-533-30-63
BOYNTON BEACH CHILD CARE CENTER
First of foarquarterly payments as recommended by CRB.
Pay from Federal Revenue Sharing---320-641-564-40-5A
BOWER AMMONIA & CHEMICAL COMPANY
Bulk ammonia for Water Treatment
Pay from Water & Sewer Rev.---401-332-533-30-65
BUSINESS MACHINESr INC.
Maintenance Agreement on BMI 44 Dictation Contract for
Police Dept.
Pay from General Fund---00!-211-521-40-99
DAVIS WATER & WASTE INDUSTRIES, INC.
Odophos Liquid for Sewage Pumping
Pay from Water & Sewer Rev.---401-352-535-30-65
LAWMEN'S & SHOOTERS SUPPLY, INC.
Eight each of Light Bars, Super Sirens, S/S Speakers,
and Switch Panels for Police Dept.
Pay from Federal Revenue Sharing---320-2!l-521-60-82
Per bid 3/12/84, Council approved 3/30/84
~RNST &WHINNEY
Professional Services rendered through 12/84 in connec-
tion with annual audit for ~ear ended 9/84.
Pay from General Fund. 001-131-513-40-66 $8,337.00
Pay from Water & Sewer Rev.---401-393-539-40-66 7,393.00
$ 4,500.00
4,283.00
2,714.40
5,375.75
1,089.01
1,080.00
10,840.00
5,221.44
15,730.00
COU C L APPROVED:
M ting:
-2-
!0.
11.
12.
13.
14.
15.
16.
17.
18.
HESCO SALES, INCo
Forty various size Metal Containers for Sanitation
Department per bid specifications.
Pay from Sanitation Cap. Replace.---!03-341-534-60-9B
Per bid 10/30/84, Council approved 11/7/84
HOI24AC INTERNATIONAL CORPORATION
Oil and Lube for Vehicle Service
Pay from Vehicle Service Fund---501-193-519-30-21
.IBM CORPORATION
Payment for January, 1985 Installment System 36 COBOL
COMPILER.
Pay from General Fund---001-133-513-60-7B
KELLY TRACTOR COMPANY
Various parts to repair Sanitation Vehicle 982
Pay from Vehicle Service Fund---501-193-519-40-32
LAMARUNIFORMS~ .INC.
Shirts and trousers for Police Department
Pay from General Fund---00!-211-521-30-97
"Bid Items"
S.I. L~E COMPANY
Pebble quicklime for Water Treatment
Pay from Water & Sewer Rev.---40!-332-533-30-65
EDWARD D. STONE~ JR. & ASSOCIATES
Boynton Beach Oceanfront Park Renovation Project/Consultants
Pay from Rec. & Municipal Beach Improvement Fund:
303-000-169-33-00
EDWARD D. STONE, JR. & ASSOCIATES
Boynton Beach Boat Club Park Project/Consultants
Pay from General Fund---001-000-115-88-00
TRANS-FLORIDA SUPPLY COMPANY
100 I"FIP X COMP CURB STOPS and 90 1" MIP X COMP
ADAPTERS ~O~ Water Distribution.
Pay from Water & Sewer Rev.---401-333-533-60-5!
14,400.00
1,212.40
2,500.00
4,615.98
4,981.05
7,882.33
6,530.25
7,691.28
752 . 30
COUNCIL APPROVED=
-3-
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
UNDERGROUND SUPPLY COMPANY~ INC.
Supplies for Water Distribution
Pay from Water & Sewer Rev.---401-333-533-60-51
WALLACE & TIERNAN
Supplies for Water Treatment Plant
Pay from Water & Sewer Rev.---401-332-533-40-33
BOYNTON BEACH CHAMBER OF COF~4ERCE, INC.
Services by Chamber for December, 1984
Pay from Publicity Fund---101-191-519-40-54
CLUB CAR
January Lease of 30 Golf Carts and Maintenance
Pay from B-B-Rec-Fac.Rev.---411-726-572-60_8F
ISIAH ANDREWS
Driver for Senior Citizens Club 3 wks.
Pay from Federal Revenue Sharing---320-641-564-40-5A
Per Ordinance ~73-15, passed 5/15/73
WILLIE RUTH MCGRADY
Server for Senior Citizens Club 3 wks.
Pay from Federal Revenue Sharing---320-641-564-40-5A
Per Ordinance ~73-15, passed 5~t5/73
GOLF ASSOCIATES SCORECARD COMPANY
54,000 Golf Scorecards
Pay from Golf Course---411-725-572-40-72
PALM BEACH COUNTY SOLID WASTE AUTHORITY
Use of County Landfill for month of December, 1984
Pay from Sanitation Fund---431-341-534-40-9A
TOWN OF PAI24 BEACH
Reimbursement for expenses - George Barbour for
"Excellence" seminar of 12/12/84.
Pay from various departments
CERTIFIED WELDING ENGINEERS~ INC.
First draw on rennovation and rem~odeling of Limestone
Handling and Slaking Facilities at Water Plant.
Pay from Water & Sewer Rev.---401-332-533-40-33
$ 1,641.76
1,353.87
1,125.00
2,218.50
210.60
201.60
2,683.92
40,873.43
1,331.41
14,850.00
COUNCIL APPROVED:
-4-
29.
30°
31.
32.
33.
34.
FLORENCE FULLER CHILD DEVELOPMENT CENTER, .INC,
Fourth of four payments approved by Community Relations
Board 11/14/84 and by City Council 11/20/84
Pay from Federal Revenue Sharing---320-641-564-40-5A
~PLANNON CHEMICAL CORPORATION
200 bags SHAN-NO-CORR Type N for Water Treatment.
Pay from Water & Sewer Rev.---401-332-533-30-65
TRAIL FORD TRACTOR CO.
1 Lely Spreader, Model 4000 for Golf Course
Pay from Golf Course---411-726-572-60-41
Per bid 1/9/85, Council approved 1/15/85
CAMPANELLA CORPORATION EST° ~3
Cherry Hills Improvement Project Phase I and Phase II
thr~ January 29, 1985.
P~y from General Fund---001-000,115-87-00
100% Reimbursable from Community Redevelopment
POST: BUCELEY~ SCHUH & JERNIGAN~ INC. INV. ~2
Professional services rendered Boynton Water Study
for period ending 12/31/84.
Pay from Utility General Fund---403-000-169-01-00
UNITED COATING COPR. - BRINKERHOFF'S EST.
Cleaning & Repainting Potable Water Clarification Unit
Pay from Water & Sewer Rev.---401-332-533-40-3S
1,099.01
6,416.00
3,385.00
36,775,80
2~817.02
14,624.25
The bills described have been approved and verified by the
department heads involved; checked and approved for payment
by the Finance Department.
I therefore recommend payment of
Grady ~)Swann, Finance Director
th~s/~il is.
~ter L. Cheney, City Manager
COUNCIL APPROVED
Meetm