Minutes 10-18-83MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT
CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, OCTOBER 18, 1983
PRESENT
James R. Warnke, Mayor
Carl Zimmerman, Vice Mayor
Nick Cassandra, Councilman
Joe deLong, Councilman
Samuel L. Wright, Councilman
Peter L. Cheney, City Manager
Sue Kruse, Deputy City Clerk
William Doney,
Assistant City Attorney
Mayor Warnke welcomed everyone and called the meeting to
order at 7:30 P. M. The Invocation was given by Rev. Rex
Humbard, Rex Humbard Foundation, followed by the Pledge of
Allegiance to the Flag led by William Doney, Assistan~ City
Attorney.
AGENDA APPROVAL
Mayor Warnke noted several items under Public Hearing and
Site Development Plans were listed October 17th, when they
should have been listed under the date of October 18th.
~ity Manager Cheney advised that the newspaper ads show the
18th. It was determined there was no problem, as they were
advertised correctly.
!?ncimanWrigh~ "XI. NEW BUSINESS."
added
under
RE " . two. items under the "CITY MANAGER'.S
~.PORT and removed item C" from the "CONSENT
~scussion purposes. -
Under the "CONSENT AGENDA, I. Approval of Bills", City
Manager Cheney added two bills:
1. Suzuki of Palm Beach
4 wheel Suzuki ATV with rack 1984 $1 444 75
2. Trail Ford Tractor Co. ' '
2 Lely Spreaders, Model WFR 3,380.00
City Manager Cheney said both of these bills are for the
golf course.
Council deLong moved the adoption of the Agenda as corrected,
seconded by Vice Mayor Zimmerman. Motion carried 5-0.
ANNOUNCEMENTS
AmMayor. Warnke proclaimed the week of October 24, 1983 as
erlcan Energy Week. He introduced Mr. Joseph Delaney, who
igvited all concerned citizens to join the Local Action to
S~ve Energy Resources at their meeting on Monday, October
24th at 4:30 P. M. in the Royal Palm Clubhouse.
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OCTOBER 18, 1983
Mayor Warnke announced that the Boynton Beach Recreation and
Park Department has been selected by the National Recreation
and Park Association as second place winner for the "LIFE -
BE IN IT" Superday award in the zero to 50,000 population
category. 1400 communities participated in the program, and
our City came in second nationally. Mayor Warnke thought
this was a great honor for our City and the Recreation and
Parks Department under the supervision of Charles Frederick.
Mr. Frederick mentioned that the purpose of the program was
to highlight the Recreation and Park services throughout
the nation and make citizens more aware of the programs,
activities and facilities in their own communities. Our
program was held in Caloosa Park, which is the new County
facility located in Boynton Beach.
As part of the awards, Mr. Frederick said they received a
plaque and a block sports kit valued at over $500. He
recognized Recreation Supervisors Eleanor Krusell, Laura
Mudryk, Jim Patterson, and David Moss, who actually planned
and conducted the activities and made this possible.
Eleanor Krusell, who went to Kansas City, Missouri for the
National Congress of Recreation and Parks and accepted the
award on behalf of the City and the Department, presented
the plaque of national recognition to Mayor Warnke. Mayor
Warnke stated that the City is very proud of the Recreation
and Park Department.
Mayor Warnke reported that he and Councilman Wright attended
the Florida League of Cities Convention. One of the seminars
was on Planning and Zoning. Of all the Cities in Florida,
Carmen Annunziato, City Planner, presented a program on city
~lanning to the entire State of Florida, which is another
feather in the cap for the City of Boynton Beach. Council-
ian Wright added that Mr. Annunziato did an outstanding job.
ity Manager Cheney believed Mr. Annunziato did this at the
egal section of the League.
MINUTES
Regular City Council Meeting Minutes of October 4, 1983
Councilman Wright moved, seconded by Councilman deLong, to
accept the Minutes as presented. Motion carried 5-0.
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OCTOBER 18, 1983
Golf Course
City Manager Cheney reported the grass is growing very well
on most of the course. There is still grass to be planted
but a lot of the fairways have been planted, and progress is
being seen. Mayor Warnke asked what we are projecting.
City Manager Cheney replied, "Hopefully, the end of
January."
Report on Business Trips
Councilman Cassandra requested a one page report, such as
goals, objectives, and possible utilization for our City in
the present or future, on business trips people take. He
felt it would educate him, as a Council Member. Councilman
Cassandra referred to a meeting the Utility Director had
where, .possibly, some governmental requirements may be made
on the City which he thought might have been useful on the
utility rates. Councilman Cassandra also wanted a report on
the trips taken by Mayor Warnke and Councilman Wright to
the Florida League of Cities.
Councilman Wright questioned whether there should be a format
for these reports. Councilman deLong did not think anyone
had any objections to people attending these things because
they are very educational. City Manager Cheney thought they
should let it go with each person doing their own, as they
may get ideas out of that process.
New Budget Expenditures
Councilman Cassandra requested that the new budget expendi-
tures be facilitated for what areas City Manager Cheney is
going to cut because he knew there were some requests for
expenditures. City Manager Cheney advised that will be
completed at the November 1 meeting.
PUBLIC AUDIENCE
Mayor Warnke announced that anyone who wished to speak on any
item not on the Agenda could speak at this time. If they
wished to speak on any item that is not on the Agenda, they
should give their names to the City Clerk, and they will be
called upon at that time.
Boynton Beach Child Care Center
Es. Pat Schuette, representing the Members of the Boynton
Beach Child Care Center, hoped to get all the help she could
from the Council. She asked for a waiver of fee for a con-
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struction permit to enlarge the Child Care Center. Ms.
Schuette understood 30 parking spaces have been fixed by the
zoning people for the south side of their building, and they
do not need that many. They would also like to have a non-
conforming surface of shell rock.
Councilman deLong moved that a waiver of the fee for the
permit be granted because this is the City's Day Care
Center and the rest of Ms. Schuette's request be referred to
the City Manager to be channeled in the proper direction.
Councilman Cassandra seconded the motion.
Ms. Schuette informed Councilman Wright the fee was $150.
City Manager Cheney asked if they were waiving all of the
fees for permits (building, plumbing, electric, etc.).
Councilman deLong did not see why they could not do it for
the deserving mothers of the City when they do it for others.
He made that a part of his motion. Councilman Cassandra
seconded it.
Councilman Cassandra noted that City Manager Cheney implied
they would be asking for other waivers, and he asked if
Ms. Schuette was also asking for that tonight. Ms. Schuette
replied that it would be appreciated if it could be done.
Councilman Cassandra was concerned because the City was
going through the second reading of the new price increase.
~er permits may come in after this, so now they would be
talking about a larger number. The way Councilman deLong
looked at it, the Day Care Center is supported by the City,
so when they waive the fee, they are not charging the City
more because the City will make the contribution.
City Manager Cheney said he would sit down with George
Davis, the Day Care Center's Architect. Mayor Warnke agreed
with Councilman deLong that the Day Care Center is part of
the City's project. He said he would go along with a waiver
of fees for any additional construction in that area.
Councilman Wright asked that when the Day Care Center has
its groundbreaking on Monday, they make sure the public
knows the City is giving its support. He thought they
should try to do something with the paving of the parking
lot, as it would look much better around the Day Care
Center. Ms. Schuette commented that they are looking
for a donor in that area.
~ayor Warnke repeated the motion to allow the Child Care
Cent.er to waive all fees on the new construction they are
contemplating and that any other questions be referred to
the City Manager, who will channel them in the proper
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OCTOBER 18, 1983
direction. A vote was taken on the motion, and the
motion carried 5-0.
Boynton Beach Park of Commerce
Mr. Roy Barden, 5908 Holiday Court, Boca Raton, Florida,
announced that the initial planning would soon begin on
the proposed Boynton Beach Park of Commerce, which is the
proposed park located between 1-95 and Motorola that will
soon be open at Congress, and between the Boynton Canal
and generally, Miner Road. It contains about 543 acres.
Mr. Barden told the Council that the owners were present
and also the consultants, who have been retained by the
owners to undertake the master plan and prepare the
regional impact analysis.
Mr. Barden wished to introduce some of the key consultants,
as well as the owners. He stated the owners are Riteco
Development Corporation, Wade Riley (who was present),
Nate Adams, and Fred Riley. Consultants involved are:
Lew Goodkin, who will be working on the economic research
aspect project; Tom Powers; Ric Rossi of Rossi and
Malavasi, who are performing the engineering; traffic
will be undertaken by Kimley Horn & Associates; Jim Zook
and Roger Parento were present. Mr. Barden stated that
the land planning was being undertaken by his firm, and
the Attorney for the project is David Pressly, of Moyle,
Jones & Flanigan.
Councilman deLong moved to suspend with the regular order
of business and move to the public hearing, seconded by
Vice Mayor Zimmerman. Motion carried 5-0.
PUBLIC HEARING - 8:00 P. M.
Approve request for amendment to Future Land Use Element
of the Comprehensive Plan submitted by Alan Ciklin to show
annexed property as Moderate Density Residential and to
rezone from AG (Agricultural District) to Planned Unit
Development with a Land Use Intensity = 4.00 (PUD w/LUI =
4.00). This proposed PUD provides for the construction of
1005 residential units and 3.1 acres of neighborhood commer-
cial uses ...................... TABLED
Councilman Cassandra moved, seconded by Councilman deLong
to leave the question on the table. Motion carried 5-0.
pprove request for annexation submitted by Alan Ciklin,
sq. providing for the annexation of a 154.36 acre tract
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OCTOBER 18, 1983
of land located on the west side of Congress Avenue, west
of Dos Lagos PUD, south of Meadows 300 PUD, north of
Congress Lakes PUD and between Lake Worth Drainage Canals
~20 and ~21 ..................... TABLED
Councilman deLong wondered if the City Planner had any
word on this. Mr. Carmen Annunziato, City Planner, advised
that negotiations are almost completed. There are a few
more points which are being discussed. They will prob-
ably report it to Council at the next meeting.
Councilman deLong moved that the question remain on the
table, seconded by Councilman Cassandra. Motion carried
5-0.
Approve request for variance from subdivision and platting
regulations for the Town Club of Boynton Beach (Postponed
from October 4, 1983, City Council Meeting)
City Manager Cheney informed the Council that they have
the title search, and the City Attorney looked at it. He
thought the applicant would be here but did not see the
applicant.
Councilman deLong moved that this be postponed until
November 1, 1983, seconded by Mr. Cassandra. Motion
carried 5-0.
Approve request for abandonment of a street submitted by
David Mankuta for Boynton Development Corporation. This
street resulted from the grant of a quit-claim deed to
the public in 1951 to serve property now under the owner-
ship of the applicant. The location of this undeveloped
street is between the Cedar Ridge Estates PUD and the
Lake Worth Christian School, east of High Ridge Road
Mr. Carmen Annunziato, City Planner, said this is a 15
foot right of way, which is adjacent to the north boundary
of Cedar Ridge Estates subdivision which was recently
recorded as being approved as a Planned Unit Development
by the City Council. This strip of land is bordered on
the north by the Lake Worth Christian School, on the south
by Cedar Ridge Estates, and extends all the way to High
Ridge Road. However, a portion adjacent to High Ridge
Road is not a subject of this consideration because it is
not in the City.
This request was reviewed by the Technical Review Board
and went to the Planning and Zoning Board with a positive
recommendation, subject to the applicant dedicating a ten
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OCTOBER 18, 1983
foot easement for utility purposes (Florida Power & Light
Company) across the north ten feet of this 15 foot abandon-
ment. The Planning and Zoning Board conducted a public
hearing and accepted the staff recommendation. They
forwarded their recommendation that the abandonment be
approved to the City Council.
Mayor Warnke asked if anyone wished to speak in favor of
the request. David B. Mankuta, Applicant, 4651 Sheridan
Street, Suite 465, Hollywood, Florida 33021, was certainly
in favor of it. What they are doing is squaring off their
boundaries. If the Council should see fit to abandon the
right-of-way, Mr. Mankuta said their intention is to take
the right-of-way and include it as an extension of their
single family lots in the north end of the project. He
said Lake Worth Christian School, their neighbor, had no
objection to this. Mr. Mankuta believed both neighbors
attended the Planning and Zoning Board meeting and had no
objections.
Mayor Warnke visited the property and said this is a dirt
trail going along beside a mango forest to an old
deserted house. Mr. Mankuta advised that they had the
house removed.
Mayor Warnke asked if anyone else wished to speak in favor
of the application. There was no response. Mayor Warnke
asked if anyone wished to speak in opposition to the
application. There was no response.
THE PUBLIC HEARING WAS CLOSED.
Councilman deLong moved that the request for abandonment
be granted, seconded by Vice Mayor Zimmerman. Councilman
Cassandra added, "subject to the applicant dedicating a
ten foot easement." Mr. Mankuta told Councilman
Cassandra that has been provided for, and he agreed to
that. A vote was taken on the motion, and the motion
carried 5-0.
Approve request for conditional use, submitted by Lee
Starkey, for Royal Petroleum, Inc. to reconstruct the
Texaco gasoline station at 645 W. Boynton Beach Boulevard.
This request is submitted consistent with recent ordinance
changes which allow gasoline stations in a C-2 zoning
classification to be constructed as conditional uses pro-
vided that they front on a four-lane highway or greater
Mr. Carmen Annunziato, City Planner, showed an overlay
and said some time last Spring, the applicant requested
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OCTOBER 18, 1983
that his property be rezoned from C-2 to C-3 to permit
the reconstruction of a gasoline station. As part of
that request, the Planning staff recommended that there
are certain conditions which exist in the C-2 zoning
classification which might permit reconstruction or con-
struction of gasoline stations depending on where they
re located. They suggested the Zoning Ordinance be
odified to accept gasoline stations as conditional uses
in a C-2 zone. Following that, the Zoning Ordinance was
amended.
The applicant has now come forward to reconstruct the
Texaco gasoline station located on the north side of
Boynton Beach Boulevard between West Industrial Avenue
and N. E. 7th. Access to the site will be Industrial
Avenue on the east and Boynton Beach Boulevard on the
south (as a result of a variance granted by the Planning
and Zoning Board for that access). Two curb cuts are
proposed off of 2nd.
Mr. Annunziato further told the Council the gasoline
station will be extended further to the north as a result
of the applicant contracting for additional C-2 property
with the bays being directed to the east or to the
industrial area. The frontage on the west side is office
and a restroom. This is proposed to be a three island
pump gasoline station.
The request was reviewed by the Technical Review Board and
went to the Planning and Zoning Board with a positive
recommendation, subject to staff comments, which the
applicant agreed to. After conducting a public hearing,
the Planning and Zoning Board accepted the Technical Re-
view Board's recommendation and recommended unanimously
to the City Council that this request for the conditional
use and site plan approval be approved, subject to staff
comments.
Mr. Bill Wilson, Adair & Brady, Inc., 1958 South Congress
Avenue, West Palm Beach, Florida, appeared for the appli-
cant. Mr. Wilson had a photograph of what they intend to
do. Councilman Cassandra stated there was an area of
concern he thought Mr. Wilson might address. He asked if
they were moving the phone booth from the corner of West
Industrial and _2nd Avenue. Mr. Wilson did not know.
Councilman Cassandra recommended they give it considera-
tion because they would have cars parking there. He felt
the phone booth would obstruct the view of people coming
in and hinder the operation. Councilman Cassandra suggested
that the phone booth be moved towards the rear of the
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OCTOBER 18, 1983
property as he felt they would have a better vehicle view.
His concern was cars coming and making a right hand turn.
Vice Mayor Zimmerman pointed out that they have not had a
problem up to now.
Councilman deLong referred to the pole sign to hold the
big sign and other signs. He said they have the telephone
booth, the stop sign, and street sign. Councilman deLong
thought the telephone booth and pole sign could be moved
to a different location because it does obscure.your-
vision. He alluded to the Community Appearance Board.
City Manager Cheney advised the applicant was before the
Community Appearanc~ Board last night but the Council
could make that a condition of their approval. City
Manager Cheney asked if they were talking about the pole
sign that has "Texaco" on it. He said the phone booth
was no problem. City Manager Cheney guessed the Council
could require them to move the pole sign but pointed out
it would be a considerable expense ($2,000 or $3,000).
He wanted it to be clear whether the Council was putting
it in as a condition or a suggestion.
Dan Bryant, Royal Petroleum, Inc., 331 South "H" Street,
Lake Worth, said this was their project and agreed to
move the telephone booth. He stated it would be no
problem. Councilman deLong commented that the stop sign
and street must remain there. Mr. Bryant said they will
be starting with a completely demolished vacant lot, so
it will be easy to relocate.
Mayor Warnke asked if anyone in the audience wished to
speak in favor of the application. There was no response.
He asked if anyone wished to speak against the applica-
tion. There was no response.
THE PUBLIC HEARING WAS CLOSED.
Councilman deLong moved to approve the unanimous recommen-
dation of the Planning and Zoning Board for the conditional
use requested by Royal Petroleum, Inc. to construct the
Texaco station, subject to staff comments. He commented
that they used good judgment by permitting those cuts to
remain on the highway. Councilman Cassandra seconded the
motion, and the motion carried 5-0.
City Manager Cheney advised that the applicant for item
C (Town Club of Boynton Beach), which the Council postponed,
had arrived.
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Councilman Cassandra made a motion to move this item to
the last one on the Agenda under "PUBLIC HEARING",
seconded by Vice Mayor Zimmerman. Motion carried 5-0.
Approve request for variance from subdivision and platting
regulations for the Town Club of Boynton Beach (Postponed
from October 4, 1983, City Council Meeting)
Mr. Carmen Annunziato, City Planner, thought the Council
should be advised of the nature of the variance, as it
has been several months. Because of all the problems in
the area and the concerns of people who live there, City
Manager Cheney said they made a large overlay.
Mr. Annunziato advised there was a section of the sub-
division regulation which required the extension of public
roads through unplatted properties or to connect to existing
rights-of-way. This request was brought before the Planning
and Zoning Board as a preapplication, at which time the
Planning and Zoning Board did not take action because of
the comment by staff that, in their opinion, there was a
requirement for the extension of N. E. 17th Avenue from
what has commonly been known as the Four Seasons Condominium
complex eastward to an extension of N. E. 4th Street.
Mr. Annunziato pointed out N. E. 22nd Avenue at the north
and 16th Avenue at the south on the overlay. A xerox copy
of the proposed subdivision was superimposed on the drawing,
and he pointed to the Four Seasons Condominium. The pro-
posal would provide for dedication of that missing portion
of N. E. 4th Street which roughly runs from just north of
16th Avenue to just south of 20th Avenue, therefore complet-
ing N. E. 4th as a collector. At issue is the dedication
of the public right-of-way to cause the extension of N. E.
17th Avenue eastward from the Four Seasons Condominium to
4th Street.
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)uncilman deLong asked who put the fence up across 4th
~reet around 17th Avenue so you cannot go straight up 4th
~reet. Mr. Annunziato believed it was the property owner.
len this came up before, Mayor Warnke believed the Council
~ked for a legal opinion as to who owns N. E. 4th Street
.1 the way through and what the exact limits were of the
C~.ty ownership of that property. He recalled there was a
c~ ouded area there as to who owned the street next to the
t]'ailer park.
From what was provided City Attorney Vance it was
Assistant City Attorney Doney's understanding that the
massing link of N. E. 4th Street has never been dedicated
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As far as they can tell, City Manager Cheney said what
looks like 4th Street is owned by the applicant. The appli-
cant wants to make 4th Street a public street. As far as
the City can tell, the applicant has clear ownership to 4th
Street. Councilman deLong commented that whoever put the
fence there is infringing. City Manager Cheney said it may
be the property owner of the land that looks like 4th
Street, which is very private land. The property owner
probably put the fence up on his own property. If he makes
4th Street a public street, then the fence will come down
because it is a public street.
City Manager Cheney explained that the issue is should the
property owner dedicate 17th Avenue, in the middle of his
property. The staff report says when you have a public
street, the ordinances say a public street has to be
extended to another public street. 17th has to be extended
eastward to 4th. City Manager Cheney said the issue is
hether the Council wants to give them a variance because if
he City extends 17th through their property, it cuts their
property into two pieces. If the City does not extend 17th
through their property or make the applicant dedicate 17th,
the applicant has 4th Street and has access to 4th Street,
but Four Seasons continues to have only one access. If you
make the applicant extend 17th, City Manager Cheney advised
Four Seasons has two accesses and egresses, and the
applicant's piece of land gets cut up in the middle and he
has a more difficult time developing his piece of land.
Also, City Manager Cheney continued, people who live in
this area will then have a chance to use 17th Avenue or go
through Four Seasons. If it remains the way it is,
Councilman deLong wondered if they would be creating the
ame condition that existed on 3rd Court. If they do not
xtend 17th, City Manager Cheney said 3rd Court would be
now taken over as a public street, and 17th Avenue within
Four Seasons and back to the west also would be a public
street. 4th Street will be a total public street. The
developer proposes to make 4th Street a public street and
~ill go all the way from 15th Avenue to 22nd Avenue. From
the other Four Seasons Adult Care Home, which it goes by
now, City Manager Cheney said it will go all the way up
to 26th.
Mayor Warnke asked if a title search and survey had been
adeon that land to determine positively who owns it City
anager Cheney replied that Assistant City Attorney B~ll
Doney had the title search. Attorney Doney advised that it
indicates there has never been any dedication, meaning that
it is still owned by the original owner and the people that
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OCTOBER 18, 1983
own the big pieces.
they fenced it.
It is privately owned and probably why
As a part of the subdivision regulation and procedure, Mr.
Annunziato told the Council the applicants intend to, and
are agreeable and willing to dedicate N. E. 4th Street (the
missing link). That has not been an issue so far as this
land development question. Aside from ownership, which now
has apparently been satisfied, Mr. Annunziato said the only
issue is the dedication of N. E. 17th Avenue from Four
Seasons eastward to what then would be a publicly dedicated
N. E. 4th Street. Councilman deLong pointed out that the
portion they are talking about, eastward, is unpaved. Mr.
Annunziato agreed and said they were talking about the piece
between the apartments and 4th Street.
Councilman deLong asked about the pieces on 4th Street where
the gate is until you pick up where they have dedicated going
into 22nd Avenue on 4th Street. Mr. Annunziato said that is
something in the nature of 1300 feet. Councilman deLong
determined it was the length of the owner's property, which
Mr. Annunziato said is the only undedicated piece.
City Manager Cheney reminded the Council that the issue
before them was the issue of a variance on the requirement
of 17th Avenue. If they agree to a variance, then the
applicant could go on with his site plan process.
Councilman deLong asked what the decision of the Planning
and Zoning Board was. As Mr. Annunziato recalled (it has
been several months), he did not think the Planning and
Zoning Board took final action when they found out the
staff's recommendation was that it be dedicated and that the
only option available for the owner was a variance. Mr.
Annunziato advised that staff's recommendation to the
Planning and Zoning Board was that the plan, as submitted,
was not sufficient and was inconsistent with the subdivision
regulation because it did not provide for 17th Avenue.
Councilman deLong confirmed through Attorney Doney that
his is a variance that is granted by the Council. Council-
an deLong then moved that the variance be granted, seconded
by Councilman Wright. Mayor Warnke reminded them that this
was a public hearing and asked that the motion be held.
Mayor Warnke asked if anyone wished to speak in favor of the
variance. Mr. Kieran J. Kilday, Kilday & Associates, Land-
scape Architects/Planners, 1551 Forum Place, Suite 300E,
West Palm Beach, Florida 33401 stated they are the Land
P~anners for the site and made the variance request. He
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thought all of the discussion leading up to this point was
pretty well explained. Mr. Kilday stated that all of the
master plans do show that they will make the final dedication
on 4th Street, which will be the missing link, and which will
include removing the fence which is at the south end of the
property.
The request Mr. Kilday said they were asking for was that
17th Avenue not be extended primarily because 17th Avenue
through the Four Seasons Condominium has been constructed as
a parking lot and to open it up to through traffic with 60
cars parked along either side would be a hazard to the exist-
ing residents to the west of their property. Councilman
deLong called attention to the people on the north side of
the apartments, who would be in the way. The south side has
their own parking at the end of their development, but the
others have to back out onto 17th Avenue.
Mayor Warnke asked Mr. Kilday if he was speaking for or
against. Mr. Kilday was speaking on behalf of the variance.
City Manager Cheney told Mr. Kilday by saying he was going
to dedicate the road, it meant he was going to build it too.
Mr. Kilday answered, "Right." He pointed out that you can
come down 4th Street from 22nd Avenue, and it is paved, and
there are speed bumps in it. There is access to the trailer
park streets. It has been built to driveway standards, so
they will have to tear it up and rebuild it to City standards
as a normal public street. They will be doing that.
Councilman deLong was under the impression that the trailer
park put the blockade up. It was built by previous owners,
~nd Mr. Kilday had a feeling that the previous owners
probably owned the property they have as well as the trailer
~ark property. He thought the previous owners put up the
fence, as developers of the trailer park, but he believed
it has been years and years.
Mayor Warnke asked if anyone in the audience wished to
peak in favor of the application. There was no response.
e asked if anyone in the audience wished to speak against
the application.
Simon Ryder, Chairman of the Planning and Zoning Board,
stated that the Board never did act on this because a variance
is something they cannot act on. However, they were given
some opinion as to whether that street should be closed. He
felt it should not be closed because it is difficult to get
around there if you are going from east to west from 4th
~treet. In reviewing the matter, it appeared to Mr. Ryder
~hat the developer could go ahead regardless of the fact of
~hether the street was a public street.
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iBOYNTONBEACH, FLORIDA
OCTOBER 18, 1983
Mr. Ryder suggested that since, apparently,there has been
some question of just what is involved here and what the
situation is that perhaps this be tabled so that the Members
of the Council can go out there and take a look.
Mayor Warnke asked if anyone else wished to speak in opposi-
tion. There was no response.
THE PUBLIC HEARING WAS CLOSED.
Councilman deLong stated that his motion was the same. Mayor
Warnke asked if the Council could make the variance. Attorney
Doney advised that the Code provides to consider the recom-
mendations of the Technical Review Board, the Council shall
set a public hearing and make a decision on the variance.
Councilman deLong repeated his motion that the variance be
granted. Councilman Wright repeated his second. As he
lives in the area, he wanted to see N. E. 4th Street and
N. E. 17th Avenue open. Vice Chairman Zimmerman advised the
motion was the opposite of that. He wondered if there was
a recommendation from the Technical Review Board on this.
To the best of Mr. Annunziato's recollection, the Technical
Review Board labored over this question at sev~al meetings.
The techical recommendation boiled down to a health/safety
issue. It was the opinion of the Technical Review Board
that more streets were better. There was something of a
eficiency of access to the Four Seasons Condominium. They
elt with 17th Avenue open to 4th Street, it would provide
nother access for emergency purposes.
~r. Kilday wished to speak again and was advised by Mayor
Warnke that the public hearing was over. Mr. Kilday felt the
Four Seasons' people had not been spoken for.
It seemed to Councilman Cassandra the arguments he was hear-
ing not to grant the variance were strictly of egress and
ingress. As he recalled, the Four Seasons' community did
not want 17th Avenue opened up at that time. Councilman
deLong said they were talking about the fence down below, on
the west side of the street. He told Councilman Cassandra
to think of east of 3rd Court.
Councilman Cassandra asked Mr. Kilday how much property they
use as far as the buildings are concerned. Mr. Kilday
answered 20%. Parking takes up additional square footage.
Councilman Cassandra asked if Mr. Kilday would rather not
have that road opened up. Mr. Kilday replied, "Right." He
said the City already has a policy where the City erected a
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REGULAR CITY COUNCIL MEETING
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OCTOBER 18, 1983
fence across 17th Avenue at the west side. Four Seasons
came with Mr. Kilday at the last meeting because they did
not want to open themselves up on the east side, which was
the same reason why they put a fence up on the west side.
Using the area all of the time, Mr. Kilday said you pass
around it.
Councilman deLong said the apartments on the north side
have to back out onto the street, and the apartments on the
south side have to park away, around the corner.
Mayor Warnke repeated that the motion was to grant the
variance, subject to staff comments. As ~Councilman deLong
had asked for a roll call vote, Mrs. Kruse took a roll call
vote on the motion as follows:
Mayor Warnke
Vice Mayor Zimmerman
Councilman Cassandra
Councilman deLong
Councilman Wright
Aye
Aye
Aye
Aye
Nay
Motion carried 4-1, with Councilman Wright voting against
the motion.
Councilman deLong moved to revert to the regular order of
business, seconded by Vice Mayor Zimmerman. Motion carried
5-0.
CONSENT AGENDA
A. Bids
1. N. E. Area Water Main, City of Boynton Beach - Utilities
Perry A. Cessna, Director of Utilities, concurred with
Russell & Axon's recommendation to award the contract in the
amount of $1,090,773 to the low bidder, Madsen-Barr Corpora-
tion, 3579 North Dixie Highway, Fort Lauderdale, Florida
33334.
2. Various Golf Course Lawn Equipment
The Tabulation Committee recommended awarding the bid to
various vendors as shown on the tabulation sheet.
B. Approve expansion of Recycling Center
D. Approve request for refund on the following cemetery lots:
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
1. Block B - Lots 7 & 8
Norman H. Van Riper requested a refund of the pur-
chase price of $250 less $50 (20%), or $200.
2. Block O - Lot 673-A
The Estate of Herbert Thomas Hecht requested the
refund of the purchase price of $175 less $35 (20%),
or $140.
Approve Banana Boat Christmas Display
List of Payments - Month of September, 1983
Request for Zoning Approval for Alcoholic Beverage
License
Bagel Cafe, Inc.
1550 N. Federal Hwy., Bays 17 & 18
Boynton Beach, Florida 33435
H. Purchase of Fertilizer for Golf Course
See Memorandum from William Sullivan, Purchasing Agent,
dated October 13, 1983.
I. Approval of Bills
See list attached with the addition of two bills shown
on the Memorandum dated October 18, 1983.
Councilman deLong moved the approval of the Consent Agenda,
item V, A, B, D, E, F, G, H, and I, with the addition of the
two bills as shown on the Memorandum of October 18, 1983
from City Manager Cheney and the report from Russell and
Axon, which City Manager Cheney explained they forgot to
include with the bills. Councilman Cassandra seconded the
motion.
Councilman deLong did not see a memo from the Tabulation
Committee on the Utilities bid ("A. Bids, 1"). City Manager
Cheney explained that on Utility bids, the Council gets the
recommendation from Russell and Axon plus the recommendation
from Perry Cessna, Director of Utilites. The Tabulation
Committee does not get involved in those bids and never has
because it does not affect the other members. City Manager
Cheney said the bid was an open, competitive bid, and the bid
documents were approved by Perry Cessna. It was the largest
number of bidders the City has had on the project in a long
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OCTOBER 18, 1983
time. City Manager Cheney told the Council they had the
spread sheet which was analyzed by Russell and Axon because
they are paid to do that, and then they had the report from
Mr. Cessna.
City Manager Cheney explained that the Tabulation Committee
varies in membership depending on where the bid is. If it
is a Utility bid, that committee is Russell and Axon, the
Purchasing Agent, and Perry Cessna. Those are the people
involved. City Manager Cheney told the Council all of the
bids were in front of them and there was nothing else to do.
Councilman deLong said City Manager Cheney was hanging his
decision on Russell and Axon, the Consulting Engineers.
City Manager Cheney disagreed, saying he was hanging his
decision on open, competitive bids before the Council.
What they received was not a memo in any shape or form,
Councilman deLong retorted. He wanted the regular form that
is sent out by the Tabulation Committee. Never before on
Utilities bids have they done anything different, and City
Manager Cheney was surprised. Councilman deLong asked what
the crime was in asking to have it uniform all over. City
Manager Cheney reiterated that it was never required in the
Utilities' bids before, and he was surprised there was a
hange. If Councilman deLong wants that one sheet of paper,
nd that would satisfy him as a tabulation report, City
Manager Cheney said he would give it-to th~--
Council. That was all Councilman deLong wanted.
A vote was taken on Councilman deLong's motion to approve
the Consent Agenda, and the motion carried 5-0.
Approve expenditure of trip to Bond Rating Agencies for
Mayor and Vice Mayor, to be charged to Utility Fund -
November 3rd & 4th
Councilman Cassandra pulled this out from the Consent Agenda
as he questioned the need of sending the Mayor and Vice
Mayor to New York to the bond agencies for an orientation
type of presentation. He wanted to hear the pros and cons
of this expenditure. Councilman Cassandra knew there were
some pros and was positive there would be some cons. He was
not inclined to go with the expenditure at the present moment.
Mayor Warnke told Councilman Cassandra no one was looking
forward to going to New York in November. Vice Mayor
~immerman declined to go because he has another commitment,
$o Mayor Warnke said it was narrowed down to the Mayor, City
~anager, and financial people. Also, it was for the purpose
Of getting a high rating on a bond issue by visiting Moody
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REGULAR CITY COUNCIL MEETING
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OCTOBER 18, 1983
and other rating people in New York. If the City can go
from AA to AAA, that one point would mean hundreds of
thounsands of dollars to the City over a period of years.
Councilman Cassandra felt that probably the finance group
should go to New York, as well as the City Manager and City
Attorney. With due respect, Councilman Cassandra did not
know what the Mayor could do, whoever he may be. Council-
man deLong commented that the Mayor or anybody going there
will not convince them just because somebody said so. They
do not give money away on the say so of somebody, but they
do their own investigating.
Councilman delong said all that were concerned were the
Bond Attorney, the City Attorney, City Manager, Fiscal
Agents, and the Finance Director. They do the negotiating,
and the Council is the policy making group. They will come
back and make their recommendations to the Council. If
the bond agencies want to see how the City operates, accord-
ing to the letter, they are coming down here, so let them
come. He referred to the budget, lowering rates, and money
being spent on trips.
Councilman Wright referred to being invited by the Governor
and Members of the Legislature to travel to Sanibel. It
would have cost $150. He informed the Council he was paying
for his own trip and expenses. The State has agreed to pay
for his meals since the Council saw fit not to support his
travel. Councilman Wright thought Vice Mayor Zimmerman
should be able to go to New York if he wants to go and
because Vice Mayor Zimmerman has a meeting with MPO, it was
no real reason not to make the trip to New York.
~ity Manager Cheney explained that the purpose of the trip
is mainly to meet with MoodY and Standard & Poor, the agen-
cies that provide ratings and recommendations in the bond
market, relative to the City's sale. It is not a negotiated
bond sale. City Manager Cheney could not guarantee that the
trip would or would not be directly beneficial but could
guarantee that if they go and sit down in Moody's and
Standard & Poor's offices, the City will be more visible to
those agencies than if they do not. He said the City is
involved in not only refunding $15,000,000 in utility bonds
but hopes to be selling new bonds eventually.
iust on the $15,000,000, City Manager Cheney said if the
ity's interest rate was 1/10th of 1% affected, it would be
he equivalent of $15,000 a year for 20 years, more or less.
They will come down here, and City Manager Cheney wants them
to at some time, but he also thought it made sense to sit
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BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
in their office with the City's New York Attorney and
explain to them and give them some information about the
City so that when they come here, they will have a positive
feeling about us and know we are not just another little
City in Florida that they are not really very sure of.
City Manager Cheney emphasized that the City needs their
bond rating. To get an appointment with Moody's is difficult
sometimes. The City has one and can go and has not met with
Moody's since 1976. People who make decisions on whether
the bond rating is good look at the political structures of
the City and like to know the politicians and Council Members
are concerned about what goes on. City Manager Cheney
thought having the Mayor there creates the feeling that he
understands the City and knows what it is doing.
City Manager Cheney recommended the expenditure because in
the long run, there was the potential it would be doing good
and there would be some advantage to doing it.
Councilman Cassandra took exception to Councilman Wright's
statement. He referred to the Task Force asking Councilman
Wright to go to a particular seminar. The Florida League of
Cities felt they should not spend the money, which they did
before. Councilman Wright said they paid for every trip he
made. If he read the minutes thoroughly, Councilman
Cassandra said good reasons were given why at this particu-
lar meeting, the money should not be given.
Councilman Cassandra referred to the golf bonds and said
when the City went to the beach bonds, we got the best
rating possible without visiting any New York City. He was
trying to point out that the City has already developed that
best rating concept for this City. City Manager Cheney
answered that both of those bond issues that the City sold
were, in essence, general obligation bond issues. We
pledged backing to the golf, which made it a general obli-
gation issue. The other one was the small beach bond, and
we had an A rating for a general obligation issue. City
Manager Cheney stressed that the City wants an AA rating,
and it can be better.
Now, they were talking about a utility bond issue, which is
a revenue bond issue; and they are talking about refinancing
a revenue bond issue, which is a little different than just
a brand new bond issue. City Manager Cheney just thought
there was some merit in being there and said hundreds of
cities are selling bonds every day, and there is a continuing
parade of cities visiting Moody and Standard & Poor.
Obviously, Councilman deLong was right, as they review all
of the City's financial reports and the bond prospectus.
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OCTOBER 18, 1983
City Manager Cheney said the City purposely chose the best
time to sell those bond issues and had an AA rating without
insurance.
*CoHncil~ deLong referred to the City Charter, page 42,
Section 54, "Duties, powers, privileges of Mayor, which can-
not be changed without a referendum of the voters. He
stated that Robert's Rules of Order was ignored at a previous
meeting and trusted that they would not ignore the City
Charter. Councilman deLong read from Section 54:
· . . He may use the title of Mayor when execu-
ting legal instruments of writing or when required,
by necessity, arising from the General Laws of the
State, but this shall not be considered as con-
ferring upon him the administrative or judicial
functions of a Mayor under the General Laws of the
State."
Councilman deLong defined "administrative" as the management
of government or its judicial affairs, which they were
actually getting involved in when they go up to negotiate on
this deal. He went through bond refunding before and never
saw a Mayor have to go to a City unless they had a Mayor
who was an Administrator.
Councilman Wright moved to approve the expenditure of the
trip to the Bond Rating Agencies for the Mayor, to be
charged to the Utility Fund. The motion died for lack of a
second.
iCouncilman deLong moved not to approve the expenditure of a
itrip to the Bond Rating Agencies for the Mayor, seconded
iby Councilman Cassandra. At the request of Mayor Warnke,
Hrs. Kruse took a roll call vote on the motion:
Vice Mayor Zimmerman
Councilman Cassandra
Councilman deLong
Councilman Wright
Mayor Warnke
Aye
Aye
Aye
Nay
Aye
!Motion carried 4-1, with Councilman Wright voting against
ithe motion·
!A RECESS WAS TAKEN AT 9:00 P. M.
iThe meeting resumed at 9:15 P. M.
iDEVELOPMENT PLANS
i* Corr6~'~5.on - S~e minutes of 11/1/83
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BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
DEVELOPMENT PLANS
Approve request for preliminary plat approval for Meadows
300, Plat 2, submitted by James Thiele for C&H Properties,
Inc. and Turks and Caicos Corp., B.V. The location of this
plat is in the southwest corner of the intersection of
Hypoluxo Road and Congress Avenue, and it includes four
tracts
Mr. Annunziato, City Planner, informed the Council that
Plat 1 was located at Canal 20 and Congress Avenue. Plat 2
is located at the intersection of Hypoluxo Road at Congress
Avenue, which forms the eastern boundary of the proposed
plat. The proposed plat creates four tracts of land and
two public rights-of-way, which Mr. Annunziato indicated on
the overlay. He showed the extension of Meadows Boulevard,
which will eventually be platted to tie around to the exten-
sion of Meadows Boulevard which runs ~e~t to Congress, just
north of Canal 20. Meadows Way connects Meadows Boulevard
to Hypoluxo Road and forms the separator from Commercial
Tract C-1 from a multi-family tract, which is Tract H.
The other two tracts which are formed by this plat are a
private park plat, which separates the residential develop-
ment proper from the commercial tract, and a 7.2 acre public
park tract which is supposed to be dedicated by this plat
will be dedicated to the City in connection with the master
plan approval.
Mr. Annunziato said the request was reviewed by the
Technical Review Board and went to the Planning and Zoning
Board with a positive recommendation, subject to eight techni-
cal issues which were raised by the Deputy City Engineer.
At the Planning and Zoning Board meeting, they agreed to
c~mply with all staff comments, and the Planning and Zoning
B~ard then unanimously recommended to the City Council the
a option of this preliminary plat, subject to the comments
o Mr. Flushing, Deputy City Engineer.
CQuncilman deLong moved to approve the request for preliminary
p~at approval for Meadows 300, Plat 2, subject to staff
cQmments. Vice Mayor Zimmerman seconded the motion, and the
motion carried 5-0.
Approve request for site development plan approval to con-
s~ruct the Congress Center Office project submitted by
Cgarles McKirahan for Congress Center, Ltd. This proposed
office project is located in the southwest corner of SW
Congress Blvd. and Congress Avenue and rovi _ . .
st ..... P des for the con-
ruction o~ a 122,000 + square foot office building to be
built in two phases on 7.89 acres of land
- 21 -
REGULAR CITY COUNCIL MEETING
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OCTOBER 18, 1983
Mr. Annunziato, City Planner said this proposal is located
on the west side of Congress Avenue, south of and adjacent
to S. W. Congress Boulevard which will be constructed as a
result of the Lakes of Tara plat. This forms a parcel of
land which separates Lakes of Tara from Congress Avenue and
is approximately 350 feet deep.
The request was reviewed by the Technical Review Board and
went to the Planning and Zoning Board with a positive
recommendation, subject to a list of staff comments that
were agreed to by the applicant. It went to the Community
Appearance Board's meeting last night and subsequently was
approved.
Councilman deLong moved to accept the unanimous recommenda-
tion of the Planning and Zoning Board and approve the
request for site development plan approval. E~3¢~t-for ~ne,
every Member of Council attended the meetings and knew what
this is all about. Councilman deLong did not want the
audience to think the Council was rushing these things
through. Councilman Cassandra seconded the motion, and the
motion carried 5-0.
As part of the Congress Center Office project, Mr.
Annunziato said there was also a request for a height excep-
tion of three feet to account for the elevator penthouse as
it extends above the roof line. He thought that was some-
thing the Council had to act on and cited Section 4 of the
Zoning Code, noting that there is no impediment to develop-
ment in the area, and it is not an unusual circumstance.
Mr. Annunziato informed Vice Mayor Zimmerman that it should
be a part of this now.
Councilman deLong determined it should be a separate motion
and moved to approve the three foot height exception to the
Ordinance that was adopted, seconded by Vice Mayor
Zimmerman. Motion carried 5-0.
Approve request for site plan approval for Bethesda Park,
submitted by Digby Bridges and Associates, P.A. to provide
for the construction of 48 single story condominium units
plus recreational facilities and is proposed to be located
on the northeast corner of the intersection of Golf Road
and 1-95
In addition to the 48 units, Mr. Annunziato, City Planner,
said, is the construction of a recreation building and pool,
consistent with the master plan requirements, as well as the
recreational facilities at the northeast corner of the site.
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BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
Mr. Annunziato knew existing trees had been subject to some
discussion among Council and definitely among staff. It was
reviewed by the Community Appearance Board at their meeting
last night, at which time a presentation was made relative to
those trees which would remain and those trees which would be
replaced. The Community Appearance Board approved the Land-
scaping plans. This request went to the Planning and Zoning
Board with a positive recommendation from the technical
staff, subject to a list of technical comments. The Planning
and Zoning Board recommended to the City Council that the
request be approved, subject to staff comments.
Councilman deLong moved to approve the request for site plan
approval for Bethesda Park, subject to staff comments. Vice
Mayor Zimmerman seconded the motion.
Councilman Cassandra asked if the water drainage would be
self contained. He was concerned about a gathering of water
at the bottom of 23rd Avenue on a rainy day that might flood
that area if rain comes off their property. Mr. Annunziato
answered that they will meet the subdivision regulations for
containment of water on site. As you go west on Golf Road,
Mr. Annunziato thought the land pitched to the west.
Councilman Cassandra referred to paragraph 3 of the memo from
~ark Law, Acting Utilities Director, dated October 5, 1983,
in which they requested the owner to supply copies of valid
p~rmits from the Palm Beach County Health De artment
r ad " ' P . He
~ , If the permits have not been kept current, then the
Utilities Department will require that the details of the
p~:oject meet our current criteria~- Councilman Cassandra
g~thered there was a 12 month period and asked if it was
p~)ssible they could change all of this in a six month
p~riod. City Manager Cheney thought six months for a brand
n~w development was really too tight. The extension after
tl~at is granted by the Council and, at that point, the
C(~uncil can say they are not going to grant an extension and
w~Lnt to re-review it.
COuncilman Cassandra asked if it was possible that the City
could have a possible change in the Zoning Ordinance and
these people would not be subject to it because of this 12
m6nth period of time. City Manager Cheney said it would
depend on what change he was talkina about.
c r ' _ .... They have
~taln non conforming rights an wa . i ....
a .... ~ ~ ......... Y Y C ~y Manager Che~=y
.~ ~u u~xn~ unaE was a problem. He admitted that some-
=~mes we grant extensions more readily than we should.
A vote was taken on the motion, and the motion carried 5-0.
- 23 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
Mr. Annunziato said the next two items are minor modifica-
tions to previously approved site plans.
Approve request for modification to the approved site
development plans for Waters Edge Condominiums, submitted
by the Jelac Corporation. This request provides for an
option on the part of the unit owners to modify the existing
balcony in each unit
Apparently, Mr. Annunziato said Waters Edge has determined
they can extend or create a balcony and enclose a porch by
making some modifications to the front of the existing build-
ing. As it does affect every unit in the existing develop-
ment, it was determined that this is a modification to the
approved site plan. This was reviewed by the technical staff
and went to the Planning and Zoning Board with a positive
recommendation that the application be approved. It was
subsequently approved by the Community Appearance Board at
the meeting last night.
Councilman deLong moved to approve the request for modifica-
tion to the approved site development plans for Waters Edge
Condominiums, seconded by Councilman Cassandra. Motion
carried 5-0.
Approve request for modification to the approved site plan
for Boynton Beach Shopping Center submitted by Peabody and
Childs Architects, Inc. for Syncom, Inc. and the Edward J.
DeBartolo Corporation, Inc. to provide for temporary curb
units and minor changes to bank building proposed to be
located in an out parcel between Congress Avenue and Boynton
Beach Mall
About two months ago, Mr. Annunziato said the Council
approved the Boynton Beach Shopping Center, which is to be
constructed on an out parcel of the Boynton Beach Mall.
This applicant is moving somewhat faster than the Boynton
Beach Mall developers and will not have available to him the
full use of the entrance roads from which he was to access
his site. He is requesting that he be allowed to construct
temporary curb cuts closer to Congress on these entrance
roads initially provided for in his site plan review.
The technical staff looked at this issue from a traffic
safety point of view and recommended to the Planning and
Zoning Board that this request be approved, subject to
three comments made by Mr. Annunziato, on behalf of the
technical staff, concerning not constructing the median
- 24 -
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BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
until such time as the curb cuts were closed, removing the
curb cuts prior to the opening of the mall, and constructing
stop signs at the exits. This recommendation was accepted
by the Planning and Zoning Board and recommended to the City
Council unanimously. This was also reviewed by the Community
Appearance Board at their meeting last night and found to
be acceptable.
Councilman deLong moved to approve the request for modifi-
cation to the approved site plan for Boynton Beach Shopping
Center, subject to staff comments. Councilman Wright
seconded the motion, and the motion carried 5-0.
LEGAL
Ordinances - 2nd Reading - PUBLIC HEARING
Proposed Ordinance No. 83-31 Re: Amendment to Handicapped
Section to City's Building Code
Attorney Doney read proposed Ordinance No. 83-31 on second
reading, by title only:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5 -
BUILDING, HOUSING AND CONSTRUCTION REGULATIONS,
ARTICLE I. IN GENERAL, OF THE 'CODE OF ORDI-
NANCES, CITY OF BOYNTON BEACH, FLORIDA,' TO ADD
A NEW SECTION 5-5, REQUIRING INSTALLATION OF ONE
36 INCH WIDE DOOR IN AT LEAST ONE BATHROOM IN
EACH SINGLE FAMILY AND DUPLEX RESIDENCE IN THE
CITY; PROVIDING AUTHORITY TO CODIFY; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES."
It was Mayor Warnke's personal opinion that they did not go
far enough. He asked if they could not get in the front
door, how could they get in the bathroom door. If he was
a general contractor and was going to widen the bathroom
door, Councilman deLong said he would be sure the front and
back doors were wider.
Mayor Warnke asked if anyone wished to speak in favor of the
Ordinance. James Hardman, Governmental Affairs Representa-
tive, Florida Atlantic Builders Association, (a 1,000 member
organization), Drummond Building, 201 North Federal Highway,
Deerfield Beach, Florida 33441, representing the builders'
interest in this City, came to support this Ordinance.
Mr. Hardman stated it is the design of the Ordinance to pro-
vide a certain handicap accessibility in a single family or
- 25 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
duplex unit. However, Mr. Hardman said they feel, as
builders, changes have to be looked at from an economic
sense. He explained that the builders feel the harm they
hoped to correct (considering the need of a handicapped per-
son to get in their own bathroom) is a reasonable request
and providing an opening sufficient to allow this access is
indeed reasonable and is not economically a hardship on a
builder or developer.
More specifically, Mr. Hardman wished to address the
imensions enumerated in the particular Ordinance that has
een proposed. The Ordinance calls for a 36 inch wide open-
ing. Mr. Hardman drew the Council's attention to the fact
that the South Florida Building Code and Federal and State
regulations have a standard handicap accessibility size
opening as being 2'8", and that is considered the standard
to gain accessibility for handicapped individuals into
public lavatories.
Answering the Council's observation before, Mr. Hardman
advised that most front doors are now 2'8" or 3'. The
standard front door is plenty adequate for handicapped
ccessibility. The South Florida Code also requires a 2'8"
inimum opening for hallways, which is also wide enough for
andicap accessibility. Mr. Hardman reiterated that the 2'8"
width is standard and is a standard dimension for handicap
accessibility. On behalf of the Builders' Association, he
asked the Council to entertain an amendment to this proposed
Ordinance to provide for a 2'8" opening rather than a 3 foot
opening to bring it into compliance for the standard in the
industry.
Councilman Cassandra did not believe a lavatory door in his
home was 2'8". Mr. Hardman informed him that the standard
bathroom door is smaller than 2'8". The 2'8" dimension is
standard for handicapped accessibility. For instance, if
you were erecting a store or mall in which you have public
bathrooms, you have to, by law, have handicap accessibility,
and that is a 2'8" opening.
What will happen in many instances if they get over the 2'8",
especially in duplexes or small, single family homes, is some
of the bathrooms will have to be redesigned, Mr. Hardman
advised, because many times a standard bathroom will be 5x7.
With the casing and a 22 width vanity and 3 foot door, all
of a sudden you are getting into the realm of problems. Mr.
Hardman reiterated that he thought a 2'8" opening would pro-
vide handicapped access and would fulfill the intent of the
Ordinance. He clarified that they do not object to the
Ordinance but are asking that it be made standard as required
throughout the industry (2'8").
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
Mr. Hardman suggested the Council query the City Building
Officials as to what the standard opening is.
Mayor Warnke called Samuel Scheiner, Architect, forward.
Mr. Scheiner stated that the 2'8" clearance is the American
National Standard Institute's recommendation, and that was
what he would like to see done. Actually, he did not recom-
mend a 3' opening; he recommended a 2'8" clearance and
explained why.
Councilman deLong asked if it was possible to amend the
Ordinance at the present time, as it was the second reading.
Attorney Doney thought it could be changed, as it was a number,
but was not really changing the substance of the Ordinance
and was not crucial to the intent of the Ordinance.
Councilman deLong moved to amend the Ordinance on second
reading and substitute 32 inches instead of 36 inches in
Ordinance 83-31. Vice Mayor Zimmerman seconded the motion.
Councilman Cassandra asked Bert Keehr, Deputy Building
Official, if all the new construction going on now in single
residences and duplexes this Ordinance will cover was going
to 2'8" automatically. Mr. Keehr answered, "No." The ones
that have already been permitted or we have accepted appli-
cations on would not fall into this requirement. After the
Ordinance has had its second reading and becomes law, the
applications submitted from that point would have to abide
by the Ordinance.
Councilman Cassandra raised the question because he received
some phone calls and wished to voice those peoples' comments
for the record. Their concern was why should all of the
new builders be "forced to build handicapped bathroom door
widths". Councilman Cassandra asked that the record show
that he did receive phone calls, and it is unfair to have all
of the homes built this way. If a handicapped person is
involved, he or she can request it. The other argument was,
you never know when you will get hurt after you build the
home.
City Manager Cheney advised that all new bathrooms in the
City in single and duplex will need one bathroom door 32".
Councilman Cassandra added, "if the Ordinance passes." Now
private, single, and duplexes will require 32" in one bath-
room door. Mr. Keehr informed Councilman Wright and City
Manager Cheney that presently, 2'4" is a normal bathroom
door.
For the record, Councilman Wright stated he received
several phone calls. The people said there was enough govern-
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
mental intervention, and they felt people building their
homes or duplexes should not have to build them to accommo-
date persons who may be handicapped.
A vote was taken on Councilman deLong's motion to amend the
Ordinance, and the motion carried 5-0.
Mayor Warnke said they were going back to the Public Hearing
on Ordinance 83-31, as amended. He asked if anyone else in
the audience wished to speak in favor of the Ordinance.
As builders in any industry, Mr. Hardman said if they were
to make all single family and all duplexes comply with all
of the regulations required for handicapped accessibility
for commercial or governmental buildings, the economics would
begin to be prohibitive. He stated they had to weigh the
percentage of people that are handicapped that may live in
these buildings versus the additional expense of bringing up
all of your dwelling units to the handicapped standards.
Then you would have the weighing of the economics. In this
particular instance, the economics are negligible. The
extra cost for a 4 inch wider opening is not going to add
appreciably to the cost of the dwelling unit.
Mayor Warnke asked if anyone else wished to speak in favor
of the proposed Ordinance. There was no response. Mayor
Warnke asked if anyone wished to speak in opposition to the
proposed Ordinance.
Mr. Lou Lawder, Director of Governmental Affairs, Home
Builders and Contractors' Association of Palm Beach County,
wished to speak for the housing industry in Palm Beach
County with the exception of the Cities of Boca Raton and
Delray Beach. Mr. Lawder said whether they speak or the
Florida Atlantic Builders Association speaks is a matter of
conjecture. The National Association has determined that
the Home Builders and Contractors' Association shall have
jurisdiction of all of Palm Beach County with the exception
of Delray, Boynton Beach, and the area of the southernmost
County Commissioner (Dorothy Wilkins).
Mr. Lawder said they are a volunteer membership association
with approximately 1,500 builders, developers, suppliers,
subcontractors to the industry, and other such oriented firms.
Mr. Lawder stated that the affordability issue comes into
his matter. He thought the Council did the wise thing in
hanging from 36 inches to 32 inches, but they were going
way in excess of what State and Federal law passed.
Mr. Lawder emphasized that they still oppose the adoption
of this Ordinance for the following reasons:
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
1. Increasing the size of a door permits a person to get
in the bathroom, and that is all it does. It makes no pro-
vision to meet the needs of the handicapped. The Ordinance
contains no requirements requiring the size of the bathroom,
walkways, hallways, turnaround areas, or support structures.
2. With regard to the cost and for the moment addressing
public buildings, Mr. Lawder said there are voluminous
statistics to show that the cost of removing architectural
barriers is less than 1% at the design level but construc-
tion costs, quite to the contrary, show a dramatic increase.
Concerning the many factors involved in designing and
equipping a residential, adequate size bathroom to effec-
tively provide for the handicapped could very easily
increase the cost of that by a minimum of $1,500, depending
on the construction that is necessary.
3. The percentage of handicapped people is relatively small
and, officially, the percentage of them that live in single
family duplex dwellings is only a small part of the total.
In their opinion, Mr. Lawder said it did not seem reasonable
to force the minimum cost of $1,500 (not just the door, but
doing it right) on every home owner in order to compensate
for whatever small occurrences may occur. Certainly, those
families who do have handicapped members whould have housing
to accommodate their particular situation. Failure to adopt
this ordinance does not preclude an unambulatory person from
having good housing.
Mr. Lawder reiterated that it does create additional costs
and inconvenience for the overwhelming majority of people
who receive no benefit from it and who are forced to bear
the additional cost. They suggest that it is certainly
not cost effective or beneficial. What it really does is to
add just one more layer of intrusion on the individual's
freedom of choice within his own home.
Mr. Lawder said they recognize the intent of the Ordinance
and participated in getting considerable input in adopting
the State Ordinance and think it is an acceptable, effective
and valid Ordinance. Mr. Lawder suggested that this
Ordinance not be favorably considered.
Councilman Cassandra challenged the $1,500 charge Mr. Lawder
talked about. All they~doing now was the first step of
saying, "Let's have a door there." He agreed with Mr.
Lawder that everything else must come in but said if the
door is large enough now, the added construction cost would
be much less. Mr. Lawder was talking about doing the job
right. In other words, don't do it, or do it right.
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
Mayor Warnke asked if anyone else wished to speak against
proposed Ordinance 83-31. There was no response.
THE PUBLIC HEARING WAS CLOSED.
Councilman deLong moved the adoption of proposed Ordinance
No. 83-31 on second and final reading, seconded by vice
Mayor Zimmerman.
Councilman Wright was not sure what cost was involved and
noted Mr. Lawder said $1500 for everything. Mr. Lawder told
him the cost just for the door would be very minimal.
Mrs. Kruse took a roll call vote on the motion, as follows:
Councilman Cassandra
Councilman deLong
Councilman Wright
Mayor Warnke
Vice Mayor Zimmerman
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
Proposed Ordinance No. 83-32 Re: Increasing Building Permit
Fees
Attorney Doney read proposed Ordinance No. 83-32 on second
and final reading, by title only:
"AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING SECTION 5.2, SUBSECTION 107.4 (SCHEDULE OF
PERMIT FEES), OF THE CODIFIED ORDINANCES OF THE
CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR
SAVINGS CLAUSE, REPEALING PROVISION, AN EFFECTIVE
DATE AND FOR OTHER PURPOSES."
Mayor Warnke asked if anyone wished to speak in favor of the
Ordinance. There was no response. Mayor Warnke asked if
anyone wished to speak in opposition to the Ordinance.
There was no response. THE PUBLIC HEARING WAS CLOSED.
Councilman deLong moved the adoption of proposed Ordinance
No. 83-32 on second and final reading, seconded by Vice
Mayor Zimmerman.
Mrs. Kruse took a roll call vote on the motion:
Councilman deLong
Councilman Wright
Mayor Warnke
Aye
Aye
Aye
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
Vice Mayor Zimmerman
Councilman Cassandra
Motion carried 5-0.
Proposed Ordinance No. 83-33
Fees
Aye
Re: Increasing Plumbing Permit
Attorney Doney read proposed Ordinance No. 83-33 on second
and final reading, by title only:
"AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING SECTION 22-2, SUBSECTION 106.3 (SCHEDULE OF
PERMIT FEES), OF THE CODIFIED ORDINANCES OF THE CITY
OF BOYNTON BEACH, PROVIDING FOR SAVINGS CLAUSE,
REPEALING PROVISION, AN EFFECTIVE DATE AND FOR OTHER
PURPOSES."
iMayor Warnke asked if anyone wished to speak in favor of the
Ordinance. There was no response. Mayor Warnke asked if
ianyone wished to speak in opposition to the Ordinance.
There was no response. THE PUBLIC HEARING WAS CLOSED.
iCouncilman deLong moved the adoption of proposed Ordinance
~No. 83-33 on second and final reading, seconded by Council-
iman Cassandra. A roll call vote on the motion was taken by
Mrs° Kruse:
Councilman Wright
Mayor Warnke
Vice Mayor Zimmerman
Councilman Cassandra
Councilman deLong
Aye
Aye
Aye
Aye
Ay~
Motion carried 5-0.
Proposed Ordinance No. 83-34
Permit Fees
Re: Increasing Mechanical
Proposed Ordinance No. 83-34 was read by Attorney Doney, by
title only, on second and final reading:
"AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING SECTION 5.2, SUBSECTION 825.3 (SCHEDULE OF
PERMIT FEES), OF THE CODIFIED ORDINANCES OF THE CITY
OF BOYNTON BEACH, FLORIDA, PROVIDING FOR SAVINGS
CLAUSE, REPEALING PROVISION, AN EFFECTIVE DATE AND
FOR OTHER PURPOSES."
Mayor Warnke asked if anyone wished to speak in favor of the
Ordinance. There was no response. Mayor Warnke asked if
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
anyone wished to speak in opposition to the Ordinance.
was no response. THE PUBLIC HEARING WAS CLOSED.
There
Councilman deLong moved the adoption of proposed Ordinance
No. 83-34 on second and final reading, seconded by Council-
man Cassandra. Mrs. Kruse took a roll call vote on the
motion, as follows:
Mayor Warnke
Vice Mayor Zimmerman
Councilman Cassandra
Councilman deLong
Councilman Wright
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
Proposed Ordinance No. 83-35
Permit Fes
Re: Increasing Electrical
Attorney Doney read proposed Ordinance No. 83-35, on second
and final reading, by title only:
"AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING SECTION 9-36 (SCHEDULE OF PERMIT FEES), OF
THE CODIFIED ORDINANCES OF THE CITY OF BOYNTON BEACH,
FLORIDA, PROVIDING FOR SAVINGS CLAUSE, REPEALING
PROVISION, AN EFFECTIVE DATE AND FOR OTHER PURPOSES."
Mayor Warnke asked if anyone was in favor of the Ordinance.
There was no response. Mayor Warnke asked if anyone was in
opposition to the Ordinance. There was no response. THE
PUBLIC HEARING WAS CLOSED.
Councilman deLong moved the adoption of proposed Ordinance
No. 83-35 on second and final reading, seconded by Council-
man Cassandra. A roll call vote on the motion was taken by
Mrs. Kruse:
vice Mayor Zimmerman
Councilman Cassandra
Councilman deLong
Councilman Wright
Mayor Warnke
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
Proposed Ordinance No. 83-36 Re: Increasing sanitation Fees
Attorney Doney read proposed Ordinance No. 83-36 on second
and final reading, by title only:
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING BOYNTON BEACH
CODE OF ORDINANCES CHAPTER 10, 'GARBAGE, TRASH AND
OFFENSIVE CONDITIONS', ARTICLE II, 'REFUSE, GARBAGE
AND TRASH', SECTION 10-29, 'RATES AND CHARGES FOR
CITY SERVICE', PROVIDING FOR A NEW FEE SCHEDULE;
PROVIDING FOR A SAVINGS CLAUSE; REPEALING ALL
ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE
DATE AND FOR OTHER PURPOSES."
Mayor Warnke asked if anyone wished to speak in favor of the
Ordinance. There was no response. Mayor Warnke asked if
anyone wished to speak against the Ordinance. There was no
response. (Mr. Stormet Norem, representing the Chamber of
Commerce had requested to speak. The request to speak was
waived, because no one was in opposition to the Ordinance
and the time was late.) THE PUBLIC HEARING WAS CLOSED.
Councilman deLong moved the adoption of proposed Ordinance
No. 83-36, seconded by Councilman Cassandra.
Councilman Cassandra determined $1.15 was the figure City
Manager Cheney was recommending for the sanitation increase.
Councilman Cassandra also noticed on the September 30th
budget report that there has been an increase in revenue
above the projection of around $29,000. City Manager Cheney
advised it would not affect that increase by any amount
because in mid-year, the City will begin to have a short
fall in income from the General Fund. In essence, they were
short.
Mrs. Kruse took a roll call vote on the motion:
Councilman Cassandra
Councilman deLong
Councilman Wright
Mayor Warnke
Vice Mayor Zimmerman
Aye
Aye
Aye
Aye
Aye
!Motion carried 5-0.
iProposed Ordinance No. 83-37 Re: Increasing Capital
iFacility Charges
!Attorney Doney read proposed Ordinance No. 83-37 on second
and final reading, by title only:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING CITY CODE SEC-
TION 26-34, 'CAPITAL FACILITIES CHARGES AND
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
CONNECTION CHARGES', BY AMENDING THE AMOUNT OF
THESE CHARGES AND ADDING SECTIONS FOR PROVIDING
A DIFFERENTIAL RATE FOR CAPITAL FACILITIES
CHARGES IN THE BOYNTON BEACH UTILITY SERVICE
AREA NOT IN THE MUNICIPALITY FROM THOSE WITHIN
THE MUNICIPALITY."
Mayor Warnke asked if anyone wished to speak in favor of the
Ordinance. There was no response. He asked if there was
anyone in opposition to the Ordinance. There was no response.
THE PUBLIC HEARING WAS CLOSED.
Councilman deLong moved the adoption of proposed Ordinance
No. 83-37 on second and final reading, seconded by Council-
man Cassandra. A roll call vote was taken by Mrs. Kruse:
Councilman deLong
Councilman Wright
Mayor Warnke
Vice Mayor Zimmerman
Councilman Cassandra
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
ORDINANCES - lST READING
Proposed Ordinance No. 83-38 Re: Amendment to Zoning
Ordinance - M-1 Use Regulations
Attorney Doney read proposed Ordinance No. 83-38 on first
reading, by title only:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A-
ZONING CODE, OF THE CODE OF ORDINANCES, CITY OF
BOYNTON BEACH, FLORIDA, BY AMENDING SECTION 1.
DEFINITION OF TERMS. TO ADD THE FOLLOWING
DEFINITIONS: BULK STORAGE, SALE, OR DISTRIBUTION;
FABRICATION; FURNITURE MANUFACTURING; LUMBER
STORES AND LUMBER YARDS; MILLWORK; ON PREMISES;
RETAIL; SALE OF GOODS; WHOLESALE; dBA; TRUCKING,
TRANSFER, OR MOVING OPERATION; AND TRUCKS, BUSSES,
FARM EQUIPMENT, OR FARM MACHINERY - STORAGE,
PARKING, SALE, RENTAL OR LEASING; BY AMENDING
SECTION 4. GENERAL PROVISIONS. OF APPENDIX
A-ZONING CODE TO ADD A NEW SUBSECTION M. PERFORM-
ANCE STANDARDS FOR ALL USES LOCATED WITHIN THE
CITY; BY AMENDING SECTION 8. M-1 INDUSTRIAL DISTRICT
REGULATIONS AND USE PROVISIONS BY REPEALING SUB-
SECTION A(1). USES PERMITTED. AND (2). USES
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
PROHIBITED AND BY ADDING A NEW SUBSECTION A. (1)
PERMITTED USES - NO DISTANCE REQUIREMENT., BY
ADDING A NEW SUBSECTION A. (2) PERMITTED USES -
SUBJECT TO DISTANCE REQUIREMENT, BY ADDING A NEW
SUBSECTION A. (3) USES REQUIRING ENVIRONMENTAL
REVIEW PERMIT., BY ADDING A NEW SUBSECTION A. (4)
CONDITIONAL USES., BY ADDING A NEW SUBSECTION A.
(5) PROHIBITED USES., BY RENUMBERING FORMER
SUBSECTION A. (3) BUILDING AND SITE REGULATIONS TO
SUBSECTION A. (6) BUILDING AND SITE REGULATIONS
AND BY RENUMBERING SUBSECTION A. (4) OFF-STREET
PARKING. TO SUBSECTION A. (7) OFFSTREET PARKING;
AMENDING SECTION 11.1. NONCONFORMING USES AND
STRUCTURES. OF APPENDIX A-ZONING CODE BY ADDING A
NEW SUBSECTION I. STATUS OF EXISTING USES REQUIR-
ING ENVIRONMENTAL REVIEW PERMITS; AMENDING
APPENDIX A-ZONING CODE BY ADDING A NEW SECTION
11.3. ENVIRONMENTAL REVIEW PERMITS SETTING FORTH
THE SCOPE, INTENTI AND PURPOSE, PROCEDURES, AND
FACTORS AND STAND,DS TO BE CONSIDERED BY
ENVIRONMENTAL REVIiEW COMMITTEE IN THE REVIEW OF
PERMIT APPLICATIONS; PROVIDING A CONFLICTS CLAUSE,
A SEVERABILITY CLAUSE, AND PROVIDING AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES."
Councilman deLong moved the adoption of proposed Ordinance
No. 83-38 on first reading only, seconded by Vice Mayor
Zimmerman. City Manager Cheney informed the Council that
this Ordinance will now go to the Planning and Zoning Board.
There are a lot of advertising requirements, etc., and it
will not come back to the Council for several weeks for
second reading.
Councilman Cassandra asked if this covers smoke stacks. Mr.
Annunziato replied that it does. As a part of the Ordinance,
Mr. Annunziato said they prepared a section with performance
standards which addresses emissions. City Manager Cheney
advised that the current incinerators in town that have high
smoke stacks are currently checked and controlled by the
County Environmental Control Officials and currently inspected
by a licensed engineer on a regular basis.
Councilman Cassandra referred to the smoke stack at Bethesda
Hospital and said he was at the area, where people had com-
plained. Their car and van were loaded with soot and ashes,
as well as their house and pool. As far as Councilman
Cassandra was concerned, this was definitely a health
hazard. If what they were trying to say was it is not in
the City's control, Councilman Cassandra expressed that the
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
City should somehow put it in our control. As he mentioned,
Mr. Annunziato said one of the items in the package of
Ordinance amendments is a package of general conformance
standards to be measured which are applicable in all zoning
categories. Councilman Cassandra said he would bring it up
at the next meeting, as it is bad.
Mrs. Kruse toOk a roll call vote on the motion, as follows:
Councilman Wright
Mayor Warnke
Vice Mayor Zimmerman
Councilman Cassandra
Councilman deLong
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
RESOLUTIONS
Proposed Resolution No. 83-BBBB Re: Approve and authorize
execution of Intergovernmental Agreement between Palm Beach
County and the City of Boynton Beach - Traffic Signals
Attorney Doney read proposed Resolution No. 83-BBBB by title
only:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE EXECUTION OF THE INTERGOVERNMENTAL AGREEMENT
BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF
iPALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH
TO PROVIDE TRAFFIC ENGINEERING SERVICES."
Councilman Cassandra moved to adopt proposed Resolution No.
83-BBBB, seconded by Vice Mayor Zimmerman.
Periodically, City Manager Cheney said we have had individual
agreements with the County to take over our traffic signals,
pay for them, and maintain them. What the City is doing
here is basically turning all of our traffic signals over to
the County. In essence, the City has been paying twice.
Now the County is going to pay for it. The reason the
County wants to do this is to have a unified traffic signal
system throughout the County. City Manager Cheney informed
Councilman deLong that the City staff reviewed this and are
satisfied and happy with it.
Mayor Warnke noted there was also a clause that the City can
take the traffic signals back if they want them.
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
Mrs. Kruse took a roll call vote on the motion:
Mayor Warnke
Vice Mayor Zimmerman -
Councilman Cassandra
Councilman deLong
Councilman Wright
Motion carried 5-0.
Aye
Aye
Aye
Aye
Aye
Proposed Resolution No. 83-CCCC Re: Amending Civil Service
Rules and Regulations - Vacation Leave and Sick Leave
Attorney Doney read proposed Resolution No. 83-CCCC by title
only:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING THE CIVIL SERVICE
RULES AND REGULATIONS, RULE XI, GENERAL PERSONNEL
POLICIES AND PROVISIONS, SECTION 3, VACATION LEAVE
AND SECTION 4, PARAGRAPH 2, SICK LEAVE"
Councilman Cassandra moved the adoption of proposed Resolu-
tion 83-CCCC, seconded by Vice Mayor Zimmerman.
City Manager Cheney pointed out that it would extend family
sick leave under special conditions. If the department head
does not approve, they have a doctor's note saying there is
a very special circumstance which caused the need. Council-
man Cassandra asked if children also meant stepchildren.
City Manager Cheney replied, "Yes."
A roll call vote. was taken on the motion by Mrs. Kruse:
Vice Mayor Zimmerman
Councilman Cassandra
Councilman deLong
Councilman Wright
Mayor Warnke
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
Proposed Resolution No. 83-DDDD Re: Adopting 1983/84 Pay
Plan
City Manager Cheney referred to the Management Package men-
tioned in Section 2 of the Resolution and said he did not
receive it yet so that Section should be deleted. He said he
would add it in at the next meeting. The rest should be
approved.
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
Attorney Doney read proposed Resolution No. 83-DDDD by title
only:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA ADOPTING THE PAY PLAN FOR
FISCAL YEAR 1983/84, AND ESTABLISHING AND AMEND-
ING JOB DESCRIPTIONS FOR CERTAIN MUNICIPAL POSTS."
Councilman Cassandra moved the adoption of proposed Resolu-
tion No. 83-DDDD minus Section 2 of this Resolution at the
request of the City Manager. Vice Mayor Zimmerman seconded
the motion.
Councilman deLong stated he would like to see something
accompany these recommendations. City Manager Cheney
advised that these were a part of implementing the budget,
and the budget was what he recommended. Councilman Cassandra
looked at the package and did not know if numbers were added.
He asked if the 5% was in the pay plan or what did it entail,
as it was the same pay plan as last year.
City Manager Cheney explained that the matrix includes 3%
above last year's pay plan. The 5% is on an anniversary
basis.
Councilman Cassandra called attention to Section 3. When
he looked at Laboratory Technician Trainee and Laboratory
Technician I, it looked like they were the same jobs. He
questioned why we need a Technician Trainee instead of stay-
ing with what we have. Mr. Sullivan, Personnel Director,
advised that the Trainee does not have a State certified
license and is truly in a Trainee type of position. A
Laboratory Technician I has a State license. III is the
highest on the scale. A Trainee is in training and taking
a State course and takes a State exam.
Councilman Cassandra asked what the advantage was in having
this position instead of having a Lab Tech. I. City Manager
Cheney answered that they are in short supply. If we find
them, train them, and send them to school, we may keep them.
Councilman Cassandra thOught we were developing a Director
of Planning and asked what happens to Carmen Annunziato, City
Planner. Mr. Sullivan answered that it is only a title
change. His title before was City Planner and has now been
changed to Director of Planning, but there is no promotion.
Senior City Planner is the new slot and a promotion. It
would open up another slot but City Manager Cheney said we
do not have the money for it.
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
Councilman deLong reiterated that the Council should have
a recommendation accompanying these.
Mrs. Kruse took a roll call vote on the motion:
Councilman Cassandra
Councilman deLong
Councilman Wright
Mayor Warnke
Vice Mayor Zimmerman
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
Proposed Resolution No. 83-EEEE Re: Adopting Water and
Sewer Rates.
Attorney Doney read proposed Resolution No. 83-EEEE by title
only:
"A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA
REPEALING RESOLUTION 82-VVV RELATIVE TO WATER
RATES; ADOPTING FEES AND CHARGES FOR SERVICES OF
THE SEWAGE DISPOSAL SYSTEM; ADOPTING WATER RATES,
WATER METER CONNECTION CHARGES, CHARGES FOR METER
DEPOSITS AND OTHER CHARGES RELATIVE THERETO; PRO-
VIDING FOR REPEALING PROVISIONS AND AN EFFECTIVE
DATE."
Councilman deLong moved the adoption of proposed Resolution
83-EEEE, seconded by Councilman Wright.
City Manager Cheney called attention to four columns on the
first page of the Summary of Proposed Utility Rate Increases.
The first was the current rates; the second was the rate he
proposed. The last two were rates in response to last
night's discussion. Right now our base City water rate is
3.90 + .95 a thousand. City Manager Cheney recommended
$5.00 + $1.25. He gave the Council two alternates. One was
in response to the Mayor's suggestion to keep the $3.90 the
same and $1.50, and the other one where he was trying to
arrive somewhere in the 10% to 12% category and tried $4.50
and $1.25.
The next line was sewer rates. The existing sewer rate is
$7.00 + .40 and .40. The rate he proposed was $7.50 + .60
and .40. The two alternative rates were $7.00/.60/.40 and
the alternate of $7.25.
City Manager Cheney said he compared the bill for water and
sewer and showed the Council the percentage increase for the
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
rates and explained what happens in the alternates. City
Manager Cheney stated that the burden is better spread
throughout the size of the users in the last column. There
is a built-in move toward conservation because when you
start using 9,000 gallons of water, your percent increase has
gone up 18% as opposed to the person using 3,000 gallons of
water going up 10.9. What you have are two alternate propo-
sals. No. 2 reduces the budget by $108,004 and provides
probably a more equitable adjustment for all customers than
No. 3. The second and third pages (one was water and one
sewer) simply separated it by the various alternatives.
City Manager Cheney passed out a sheet showing how they
would adjust that $272,000 if they use column 3. ge
referred to Councilman Cassandra's suggestions and went
over the reductions, costs, and increases. If they use
Alternate 1, City Manager Cheney said they could still con-
sider these same reductions. From a point of view of
equity of rates, he thought column 4 was probably better.
For most customers in the 3,000 to 5,000 category, City
Manager Cheney thought they were averaging somewhere
around the 12%.
City Manager Cheney explained the projections to Mayor
Warnke. If they kept the higher rates, City Manager Cheney
said they would be better off from the point of view of
producing some increase in our retained earnings for the
future. If they go with the $272,000 and the rates relate
to that, they cannot estimate that precisely, but they are
not way out of range.
Mayor Warnke was concerned about a deficit, referred to.last
year, and asked if they could go to the full 18%. City
Manager Cheney preferred the 18% because long term fiscally,
they would be making a better decision. City Manager Cheney
guessed for most customers it was 12 to 13%.
Councilman Cassandra felt the Council had a rather current
feel of what is going on and stated he would go with the
idea of giving the people a cut now and gamble that they are
right. Councilman deLong thought it was resolved last night.
Councilman Wright said they just asked for a~report.
As the numbers came out, Councilman Cassandra said proposal
2 would create less of a hardship on the budget. City Manager
Cheney affirmed that was correct, but people who use 3,000 or
less get no increase.
Councilman Cassandra moved to amend the Resolution by accept-
ing Alternate Proposal No. 2 because that makes the deficiency
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
much smaller than Alternate No. 3 and puts less burden on the
City. City Manager Cheney's only problem with that was they
were giving the small users an excessive free ride for the
value of the asset they were getting in water.
Councilman deLong seconded the motion to amend. City Manager
Cheney reiterated that they were giving that group of people
a ridiculously unresponsible share of the burden of that
water plant. He informed Vice Mayor Zimmerman their total
bill will be $15.90, which is a ridiculous price for water
and sewer.
There was more discussion as to which proposal was best,
whether they should have another workshop, or have more
computer runs with more alternatives.
Councilman Cassandra thought he heard that No. 3 gives every-
body his fair share of responsibility; No. 2 gave a lot of
free rides and put the burden on others (which City Manager
Cheney said was his judgment). It was Councilman
Cassandra's feeling that 18% is too much. He stressed that
they should resolve this tonight and get it over with, one
way or the other.
At the request of Councilman Cassandra, Councilman deLong
withdrew his second to the amendment, and Councilman Cassandra
withdrew his amendment.
Councilman Cassandra moved to amend the Resolution by accept-
ing Alternate Proposal No. 3, as submitted by City Manager
Cheney, seconded by Councilman deLong.
Mayor Warnke requested Mrs. Kruse to take a roll call vote
on the motion:
Councilman deLong
Councilman Wright
Mayor Warnke
Vice Mayor Zimmerman
Councilman Cassandra
Aye
Aye
Nay
Nay
Aye
Motion carried 3-2.
Mayor Warnke advised they would now take a vote on the main
motion, which was now amended, which was to adopt proposed
Resolution No. 83-EEEE Re: Adopting Water and Sewer Rates,
which meant to go along with Proposal No. 3.
There was discussion about this being the safest route.
- 41 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
Mrs. Kruse took a roll call vote on the main motion:
Councilman Wright
Mayor Warnke
Vice Mayor Zimmerman
Councilman Cassandra
Councilman deLong
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
Proposed Resolution No. 83-FFFF Re: Approve authorization
to apply for funding through the Florida Recreation Develop-
ment Assistance Program for development of Boat Club Park
and expenditure of City Funds
A~torney Doney read proposed Resolution No. 83-FFFF by title
only:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, REQUESTING APPROVAL TO
FILE A GRANT APPLICATION WITH THE STATE OF
FLORIDA AND TO AUTHORIZE AND DESIGNATE THE
EXPENDITURE OF FUNDS."
Councilman deLong moved the adoption of Resolution No.
83-FFFF, seconded by Councilman Cassandra.
City Manager Cheney reminded the Council that they reviewed
the original boat ramp park plan. To stay within the budget
that the City thinks it can get from the State and their
dollars, the City had to cut back on some things.
Mr. Charles Frederick, Director of Parks and Recreation,
showed the original plan and said the basic ingredients they
talked about all along are still there. They had to cut
back on asphalting, landscaping, and a lot of accessory
things. Mr. Frederick said they still have all of the boat
ramp repair work and new restrooms. The southeast boardwalk
section is in; the north jetty section is out. The roadway
realignment and parking is basically the same as the
original except they are going to propose shellrock for
the parking areas and asphalt only for the main roadways
that run through the park.
Mr. Frederick continued by saying there will be one picnic
shelter instead of two, and they eliminated some things like
playground equipment and shuffleboard things which can be
added later. Councilman Cassandra noted they also removed
the parking spot areas on the semi-circle. City Manager
Cheney explained that they want to get the parking away from
- 42 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
the water. Originally, Mr. Frederick said it was going to
be somewhat of a seawall concept. It has been changed to
a beach type area of sand and grass. Both City Manager
Cheney and Mr. Frederick agreed it is a Phase I.
Mrs. Kruse took a roll call vote on the motion:
Mayor Warnke
Vice Mayor Zimmerman
Councilman Cassandra
Councilman deLong
Councilman Wright
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
Proposed Resolution No. 83-GGGG Re: Replat of Golfview
Harbour Estates (Tracts II and III, Golfview Harbour,
Section 3)
Attorney Doney read proposed Resolution No. 83-GGGG by title
only:
"A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE FINAL PLAT OF THE REPLAT OF GOLFVIEW
HARBOUR ESTATES, TRACTS 2 AND 3 OF SECTION 3,
GOLFVIEW HARBOUR, IN SECTION 32, TOWNSHIP 45 SOUTH,
RANGE 43 EAST OF PALM BEACH COUNTY, FLORIDA"
Councilman deLong moved the adoption of proposed Resolution
No. 83-GGGG, seconded by Councilman Cassandra. A roll call
vote on the motion was taken by Mrs. Kruse:
Vice Mayor Zimmerman
Councilman Cassandra
Councilman deLong
Councilman Wright
Mayor Warnke
Aye
Aye
Aye
Aye
Motion carried 5-0.
OTHER:
1. Approve Water Service Agreement - Peter Scott Property
City Manager Cheney told the Council this should be annexed.
It is in the southern limits of the City, could be annexed,
they would go through the whole zoning process, and the City
would have total control. The reason Mr. Scott is asking
for the agreement prior to annexation is that he has a
closing date on his financing in October and would like to
- 43 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
get this statement. Then he will come through with the
whole annexation process.
Councilman deLong moved to approve the Water Service Agree-
ment, seconded by Councilman Cassandra.
Vice Mayor Zimmerman was informed by City Manager Cheney the
south boundary will be Gulfstream Boulevard extended to
Swinton. Therefore, it is the land between Gulfstream
Boulevard extended and the church, and Seacrest and the
church. The development plan that will come in will pick up
the residential pattern on the Seacrest side and the other
residential pattern on the Swinton side. The plan will
relate to its neighbors on both sides. City Manager Cheney
also informed Vice Mayor Zimmerman that it is now owned by
Gulfstream Country Club, and Peter Scott is putting the
package together for the development.
A vote was taken on the motion, and the motion carried 5-0.
Review and discuss proposed CRA Ordinance establishing a
Redevelopment Trust Fund and authorizing Tax Increment
Financing
As it was late and he had a lot of questions, Councilman
Cassandra moved to table this, seconded by Councilman
deLong. Motion carried 5-0.
Mayor Warnke suggested possibly they could have a Workshop
Meeting with the Community Redevelopment Agency. City
Manager Cheney reminded the Council that the purpose of this
was to do what the COuncil had been saying they wanted to do.
Review and discuss attached correspondence from Ocean Ridge
dated October 4, 1983 Re: Beach Erosion
Councilman deLong moved that the City Attorney draft a
Resolution supporting this, seconded by Councilman
Cassandra. Motion carried 5-0.
Authorize Agreement with Florida Municipal Securities for
financial advisory services - Utility Financing and Bonding
Councilman Cassandra moved to table this, seconded by
Councilman deLong.
Councilman Cassandra wanted to listen to some discussion
about what this is about first. City Manager cheney said
- 44 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
it was about having an agreement with them that they will
continue working for the City. Councilman deLong advised it
would help if City Manager Cheney would give a
recommendation to the Council. City Manager Cheney
explained he was out of town but would be sure it would
not happen again.
A vote was taken on the motion, and the motion carried 5-0.
Bingo - Requested by Councilman deLong
It seemed to Councilman deLong there is a lack of super-
vision and control by the State of bingo games. It seems
there are no requirements whatsoever. Councilman deLong
understood if you are holding a bingo game where you are
serving food, you must go to the County for a permit. He
thought that pertained to the Health Department.
After discussion, Councilman deLong moved to turn this over
to the City Attorney to make a study and then come back to
the Council and let them know how the City can get some
supervision of bingo and local regulations, seconded by
Councilman Cassandra.
Attorney Doney had not seen the changes but heard the State
Statute was amended. He heard it was strictly regulated
under the old Statutes.
Councilman deLong stated he wants to protect our local
charitable organizations, as he understands a syndicate is
opening up a big bingo hall on Military Trail.
A vote was taken on the motion, and the motion carried 5-0.
Resolution re Improvements of Seacrest Boulevard - Requested
by Councilman deLonq
Councilman deLong moved that the City Attorney draft the
appropriate Resolution requesting that when they design
North Seacrest Boulevard from the bridge up to the north
City limits, the City wants a median strip in there.
Councilman Cassandra seconded the motion.
Councilman Wright thought City Manager Cheney wrote to the
County. City ~anager Cheney said he wrote to the County
Commissioners and to the County Engineer and specifically
said the City wanted a median.
- 45 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
A vote was taken on the motion, and the motion carried 5-0.
Ordinance re Male Stripper and Topless Dancers - Requested
by Councilman Cassandra
Councilman Cassandra referred to a place "up north" that has
topless, and now there are two more in the City. We now have
a male stripper at Pete's Attic. He wanted to tighten up
our Ordinance. City Manager Cheney wanted to see what Boca
Raton does before worrying about it. He did not think it
was a problem but said the City will look into it.
Reactivate Election Law Changes
Councilman Cassandra wanted the election law changes re-
activated for the next meeting so they could start getting
it on the ballot. He stated that City Attorney Vance is
quite aware of the requests made by Council.
OLD BUSINESS
None.
NEW BUSINESS
Authorize City Manager to initiate selection of engineering
services to study City Landfill
Councilman deLong moved, seconded by Councilman Cassandra,
to authorize the City Manager to initiate selection of
engineering services to study City landfill.
Mayor Warnke was informed by City Manager Cheney that the
City landfill is right across the canal from our golf course.
It is west of Military Trail. Councilman deLong said the
City pays a fee to get in there and dump trash. City Manager
Cheney said the City is coming to a point where he suspected
they are going to stop using it, and they are going to pay a
lot of money for the privilege to stop using it. He also
suspected the City will be increasing the sanitation charge
further.
A vote was taken on the motion, and the motion carried 5-0.
Senior Citizen Complex - Requested by Councilman Wright
In the Workshop Session of the County Commission about two
weeks ago, Councilman Wright guessed they had a fight among
- 46 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983'
the citizens as to where they should locate the new senior
citizen complex and multi-purpose facility. He understood
through the efforts of Dr. Carrington the Commission voted
to put the complex in Caloosa Park, where it would be
accessible to people in the Boynton Beach community.
Councilman Wright thought the City should send a Resolution
expressing support.
City Manager Cheney advised that they took final action to
put the facility in Caloosa Park but they have not taken
final action to spend the money. He thought it would help
to have a Resolution on record.
Councilman Wright moved to have the City Attorney draw the
appropriate Resolution to spend the money for a senior
citizen complex in Caloosa Park, seconded by Vice Mayor
Zimmerman. Motion carried 5-0.
ADMINISTRATIVE
Consider appointing one member to Boynton Beach Housing
Authority ...................... TABLED
Councilman deLong moved to leave the item on the table,
seconded by Councilman Cassandra. Motion carried 5-0.
Ratification of Fire Union Contract
Councilman deLong moved to ratify the Fire Union Contract,
seconded by Councilman Cassandra. Motion carried 5-0.
Approve Authorization to Purchase IBM System 36
Councilman deLong moved to approve the authorization to pur-
chase IBM System 36, seconded by Councilman Wright.
Councilman Cassandra pointed out that this goes on this
year's fiscal budget. City Manager Cheney said they are
paying for the added cost of this out of the sales they have
had from part of the equipment over the years. In the next
two years, they will begin to make major savings on this.
Councilman Cassandra was concerned about the main printer
and asked if they do not need a main printer any more.
Mike Munro, Director of Data Processing, stated that the
one that is in there now will go back to IBM. City Manager
Cheney said the printer must be included in the IBM figure.
- 47 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 18, 1983
A vote was taken on the motion, and the motion carried 5-0.
Consider appointing one member to Building Board of Adjust-
ment and Appeals to replace Ward Cummings
Councilman deLong moved, seconded by Vice Mayor Zimmerman,
to lay the question on the table. Motion carried 5-0.
ADJOURNMENT
Councilman deLong moved, seconded by Councilman Cassandra,
to adjourn. Motion carried 5-0, and the meeting adjourned
at 11:18 P. M.
CITY OF BOYNTON BEACH, FLORIDA
~/ ' Mayor
ATTEST:
~-~ ~l Vice Mayor
¢~/ ~~oUncilman
- 48 -
AGENDA
October 18, 1983
CONSENT AGENDA - ADMINISTRATIVE
Approval of Bills:
Allied Universal
Chlorine for Water Treatment
Pay from 1982/83 Budget---401-332-533-30-63
.... " '~ " ---401-332-533-30-65
$1208.70
1445.88
e
Alsa¥-PipDin Corporation
Wells 17-22 for period 8/21/83 to 9/20/83
Pay from 1982/83 Budget---404-000-169-01-00
e
B & H Sales
Tubing and small meter boxes for Water Distribution
Pay from 1982/83 Budget---401-333-533-60-5!
Belvedere Construction Co. Est. No. 1
For Construction of 2" P.V.C. pipe in Golf Course.
Pay from 1982/83 Budget---415-000-169-41-00
Se
J. W. Cheatham, Inc..
City of Boynton Beach - Sidewalks
Pay from 1982/83 Budget--m320-411-541-60-36
Council approved 9/6/83
Davis Water & Waste Industries
Odophos Liquid No. 1 for Sewage Pumping
Pay from 1982/83 Budget---401-352-535-30-65
e
Edwards Electric Corporation of Florida
Electrical ~ork needed for running 60KW Generator
Civic Center Emergency Hurricane Shelter.
Pay from 1982/83 Budget---001-000-247-31-00
$ 2,654.58
90,853.69
1,830.00
10,467.00
4,601.36
16,440.00
3,590.00
8. The Garden Store P.Oo ~57542 1,217.43
Partial Payment for Swale sodding Group III areas
per specifications.
Pay from 1982/83 Budget---001-411-541-60~3P
Per bid 7/22/83, Council approved 8/2/83
30UNCIL APPROVED:
-2-
e
10.
11.
12.
13.
14.
15.
16.
17.
i.B .M. Corporation
Rental for October, 1983 System 34
Pay from various accounts in General Fund
Marcinkoski - Gradall
~wale Construction for Group III for Drainage
improvements.
Pay from 1982/83 Budget---001-411-541-60-3P
Per bid 7/22/83, Council approved 8/2/83
Metric Engineering
Cherry Hill Street Improvements
Pay from 1982/83 Budget---001-000-115-87-00
Myre Fairway
Golf Course Construction from 9/30/83 to 10/15/83
Type two checks--Myre Fairway & Kelly Tractor for
$40,000.00 and Myre Fairway for 21,000.06
Pay from B.B. Rec. Facility Constr. Fund:
415-000-169-41-00
Palm Beach County Municipal League
Membership dues 10/1/83 to 9/30/84
Pay from General Fund---001-111-511-40-7G
Rang.er Construction Company
Budgeted monies for Street Improvements
Pay from 1982/83 Budget---001-411-541-60-3N
Ranger Construction Company
Pan fill from Parkwalk stockpile to South side
of 1-20 Canal for Golf Course
Pay from B.B. Rec. Facility Constr. Fund:
415-000-169-41-00
Russell & Axon
Professional services rendered on various projects
Pay from Utility General Fund 1982/83 Budget
403-000-169-01-00 $12,297.95
403-000-169-11-00 9,451.66
South Central Regional Wastewater Treatment Board
Services in the treatment and disposal of wastewater
for the month of September, 1983.
Pay from 1982/83 Budget---401-353-535-40-9I
$ 7,307.50
18,501.50
3,525.75
61,000.06
1,000.00
100,002.44
4,417.20
21,749.61
52,440.00
council
Meeting:.
-3-
18.
19.
20.
21.
22.
South Central Regional Wastewater Treatment Board
City's portion (5~) of bills due Regional Board
Pay from 1982/83 Budget---403-000-000-169-11-00
R. J. Sullivan Corporation Est. ~2
St. Castle/St. Andrews Pto A for period 7/15/83 to
9/15/93.
Pay from 1982/83 Budget---404-000-169-11-00
Urban Design Studio
Billing for services thru 9/30/83 Inv. 96 of 8
Approved by Community Redevelopment Agency 10/4/83
Pay from 1982/83 Budget---320-000-247-1C-00
Water Resource Corporation
2 Hayward Tyler Pumps for wells 15 & 16.
Pay from 1982/83 Budget---401-331-533-40-33
Moore Golf, Inc.
Irrigation installation for Golf Course contingent
on approval from Von Hagge & Devlin.
Pay from B.B. Rec. Facility Constr. Fund
415-000-169-41-00
1,907.63
10,862.10
4,300.00
13,186.00
28,000.00
The bills described have been approved and verified by the
department heads involved; checked and approved for payment
by the Finance Department.
Grad~, Fina~~nce Director
I therefore recommend payment of these bills.
Pet~r~~.~'C~eney,~-~C i~/t ~/Y ~4anager
COUNCIL APPROVED;
ADDITIONS
C ITY OF BOYNTON BEA C H
REGULAR CITY COUNCIL MEETING
AGENDA
October !8, 1983
CONS ENT A. GENDA
I. Add to Approval of Bills
1. Suzuki of Palm Beach
~_ Wheel Suzuki ATV with rack 1984
2. T~r~i! Ford Tractor Co.
2 Lely Spreaders, Model WFR
7:30 P.M.
$1,4~4.75
$3,380.00
ADDITIONAL YLATERiAL FOR ITEMS ALREADY LISTED ON THE AGEBIDA
IX. LEGAL'
B._ Ordi_~=~nces - 1st Reading
1. Revised Amendment to Zoning Ordinance - M-t Use Regulations
D. Other
4. Revised Agreement with Florida Municipal Securities
~OUN¢tL APPEOVED:
Wieetint~. -/~~- ~3 ~-~
RUSSELL & AXON
Established in 1920
Engineers · Planners · Architects
Incorporated
Mr. Peter L. Cheney, City Manager
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33435
STATEMENT
October 12, 1983
Summary of Russell & Axon Invoices for Professional Services for City
Council Approval.
For Miscellaneous Engineering Services
Invoice No. 104 626-681-01-4 - Professional Services
Authorization dated 12/9/78
$ 1,244.73
For PL-500 Grant Application
Invoice No. 79 - 626-681-06-4 - Professional Services
Authorization dated 5/9/73
1,128.34
For Wells 17 22 & Raw Water Main
Invoice No. 5 626-681-60-3 Professional Services
Authorization dated 9/19/80
2,693.63
For Wells 17 - 22 & Raw Water Main
Invoice No. 10 - 626-681-60-6 Resident Inspection
Authorization dated 9/19/80
7,690.62
For P.S. & F.M.!~-San Castle/St, Andrews
Invoice No. 4 - 626-681-62-3 - Professional Services
Authorization dated 5/6/81 - 75% Reimbursable from EPA
1,655.42
For P.S. &F.M. - San Castle/St. Andrews
Invoice No. 4 - 626-681-62-6 - Resident Inspection
Authorization dated 5/6/81 75% Reimbursable from EPA
5,423.17
COUNCIL
Meetin~ ~
119 EAST ATLANTIC AVENUE · SUITE 414 W · DELRAY BEACH, FLORIDA 33444
Mr. Peter L. Cheney, City Manager
October 12, 1983
Page Two
For N.E. Area Water Main
Invoice No. 18 - 626-681-64-4 - Professional Services
Authorization dated 7/8/81
$ 1,913.20
GRAND TOTAL THIS STATEMENT
TCB/er
cc: Perry A. Cessna
Betty Zobel - Finance
R&A Files
$21,749.11
COUNCIL APPROVED;
Meeting: