Minutes 09-06-83MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT
CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 6, 1983
PRESENT
James R. Warnke, Mayor
Carl Zinm~erman, Vice Mayor
Nick Cassandra, Councilman
Joe deLong, Councilman
Samuel L. Wright, COUncilman
William H. Sullivan, Acting
City 'Manager
Betty S. Boroni, City Clerk
James W. Vance City Attorney
Mayor Warnke called the meeting to order at 7:30 P.M. Tonight,
in honor of the dedication of Temple Beth Kodesh, Mayor Warnke
announced that the invocation would be delivered by Temple
President, Irving Koch. This will be followed by the Pledge
of Allegiance to the Flag, led by Councilman Joe deLong.
Everyone was asked to kindly rise.
AGENDA APPROVAL
Councilman deLong wished to add an item under Other.
Councilman Cassandra stated he would like to add under Adminis-
trative, Item F, Guidelines to Business Meetings.
Councilman Wright wanted to make an addition under Old Business,
Item B.
Mr. Sullivan had an addition to make under Consent Agenda,
Item K, Approval of Bills, from Rossi & Malavasi, a bill in
the amount of $1,560 for golfcourse work. Under Bids, Item 5,
Mr. Sullivan also wanted to add Cemetery Sidewalk.
Mr. deLong moved to adopt the Agenda with the additions,
seconded by Mr. Zimmerman. Motion carried 5-0.
ANNOUNCEMENTS
Mayor Warnke announced the scheduling of a second meeting for
the 12th of September, 7:30 P.M. in Council Chambers, continua-
tion of the first Public Hearing on the tentative adoption
of a millage rate. The Public Hearing portion was completed
but some items are still to be discussed by the Council.
There will be a Public Hearing on property tax covering the
1983-1984 Proposed Budget adopting final budaet and adopting
aggregate millage rate scheduled for September 19, 1983,
7:30 P.M. in Council Chambers.
A City Council Workshop Meeting regarding Utility System
Expansion is scheduled for September 8, 1983 at 7:30 P.M.
in Council Chambers.
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEmbER 6, 1983
Mayor Warnke read a Proclamation whereby November 19, 1983
would be Proclaimed American Association of Retired Persons
(AARP), Free Health Fair Day.
A Proclamation was read by Mayor Warnke whereby Sunday,
September 11, 1983, will be proclaimed Community Carnivale
Sunday.
At this time, Mayor Warnke recognized the presence of our
City's immediate past Mayor, Col. Walter "Marty" Trauger.
MINUTES
Regular City Council Meeting Minutes of August 16, 1983
Councilman deLong moved for adoption as submitted, seconded by
Councilman Wright. Motion carried 4-0 with Councilman
Cassandra abstaining as he was not present.
Special City Council Meeting Minutes of August 30, 1983
Councilman deLong moved to adopt as submitted, the minutes of
the August 30, 1983 Special City Council meeting, seconded by
Councilman Cassandra. Motion carried 4-0. Mr. Zimmerman
abstained from the vote as he was not present.
CITY MANAGER'S REPORT
Mr. Sullivan announced there would be no report in the absence
of the City Manager.
PUBLIC AUDIENCE
Mayor Warnke announced if any person has anything to say to
the City Council which is not on the agenda, they are free to
come forward at this time. If any one wishes to speak on any
item that is on the agenda, please give their name to the
City Clerk. They will be called upon at the time that item
is discussed.
Mr. Walter "Marry" Trauger, 702 S. W. 28th Avenue, requested
the Council to consider giving direction to our Downtown
Development Authority. They have presented a very beaUtiful
plan and he is not talking against that. From the plan, it
looks very good; but to sell that plan to the city, it has
to be quite marketable. They announced the ~urch should be
moved which annoyed people because improvements were just
added to that area. Also, in reference to downtown, they went
against ordinances of the city in recommending over four
stories. That certainly is not making the plan marketable.
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REGULAR CITY COUNCIL MEETING
BOYNTON BEkCH, FLORIDA
SEPTEMBER 6, 1983
Mr. Trauger continued that he would like the City Council to
consider giving direction to the Downtown Development Agency
until they get these plans in concrete and are marketable to
the people. He would think the citizens of Boynton Beach
would quite strenuously object to approving a plan on a tax
district such as they are proposing and using city funds in
the development of these plans, when these taxpayers voted
against high risesl It may be premature, but they should
avoid unfavorable~comments.
Mr. Trauger referred to improving Seacrest Boulevard north of
the bridge and stated in October, the City Council passed a
resolution requesting the county to examine improvements.
Around the same time, 23rd Avenue was recognized as needing
improvements from Seacrest Boulevard to U. S. 1. He defies
anyone to show him a worse section on Seacrest Boulevard
than it is on 23rd Avenue between the railroad tracks and
Seacrest Boulevard, particularly after rain. He is objecting
to an unelected or unofficial city council or people serving
as such in the north end and taking plans out from under this
City Council and running to the County COmmission, which is
usurping the Council's authority. They can. recommend to the
City Council, the elected authority, which taks action.
There should not be a group of people Self-appointed doing
this. This must get back into the right channel with getting
it before the Metropolitan Planning Authority to be incorpor-
ated into the five year plan of the county. Because of a lot
of people clamoring about this, it is leading to the false
hope of Seacrest Boulevard being improved tomorrow and it
isn't until it gets into that plan.
Mr. deLong referred to the Council not being in a position to
guide anybody as far as height restrictions are concerned as
they have to be set by referendum and they can't be changed
unless by referendum of the people. At that time, whoever
wishes to oppose those height restrictions, can do so.
b~. Cassandra spoke about direction in terms of a meeting to
take place shortly, including the Chairman of the Community
Redevelopment Agency, Hank Thompson, City Manager Cheney, ~.
Cassandra, etc., to clear things up. Mr. Cassandra told ~.
Trauger that his advice is being followed so far as direction
is concerned.
~. Wright stated that the C.R.A. knows what the residents
have decided and referred to the proposal as perhaps just
being wishful thinking. Mr. Wright commented about the clean-
up effort and referred to special groups and interested people
whose leg work and achievements many times come to fruition.
There are a lot of people behind certain things that happen
and everybody has to be given credit. Mr. Wright referred to
all the efforts of people living in the area of Seacrest such
as talking to the County Commission and the media, etc. The
City Council did support some of those efforts being made; it
takes more than a resolution. Everybody must be given credit.
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6~ ~1983
Mayor Warnke advised that some months ago the .Council again ~a~s.ed
a Resolution to the M,P.O, asking for help on seacrest B~!e~rd~
It was referred to the M.P,O, 's Technical Ad-visory comm. ittee
which will determine whether it will be put on the year 2~000 plan,
Mrs. Wilda Searcy, 402 N,E, 13th Avenue, stated that since the
improvements are in the northeast area, she would ask the
Council for s~me rehabilitation in the area of Canal 16 from
1-95 to U.So ~10 The Canal should be used by th~ community people,
She is also asking for rehabilitation of 3rd Street, especially
one block from 12th to 13th which she spoke to Mayor Warnke about.
Mr. Warnke advised that he went and looked at that property. .He
acknowledged Mrs. Searcy's comments. After discussion, it was
ascertained that City Manager Cheney was in the process of
researching this due to Mrs. Searcy~s initial inquiry to him.
It would be taken up again when Mr. Cheney returns.
CONSENT ~GENDA
A. Bi'ds
~'l. An'nuaI R.equirements for F1Occulant Aid
The Tabulation Committee recommends awarding 'the bid to Calgon
Corporation, Pittsburgh, Pa.~ in the amount of $492,90 per 50
gallon drum.
Approve Kamplex. Bid for portion of~NQr%h/<Sou%h
Water Main 'as i~ cro-s~e~~ ~E~'~0'~tlh ~v~n'Ue~
The Tabulation Committee recommends awarding the bid to
Kamplex, Inc., Boca Raton, Florida, in the amount of $~839~25.
4. Approve Lake Eden Sanitary..Repai~.~-Diana--Dri~e.-and
The Tabulation Committee recommends accepting the low bid
from Johnson~Davis~ Inco~ in the amount of $7~500'.0~
B. Approve Electric Chan~e O.~der for,,NeW~-We~l,.i~.~-t~ ,(_W~!~-~%~5
'an'd 1'6') ~ ~ ~ ~' ~ ,
Perry Cessna has submitted a summary of Change Order require~=-~_~
ments amounting to $1,274.00. Approval recommended by the City
Manager.
Ce
Approve City's participation in Retired Senior
Volunteer Program ................
Personnel DirectQr W'illi~m S-ull~¥an submitted ~o~s ~Qr uae
in this program and ~ecQmmends
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
Approve requests for permission to use temporary construction
trailers
Seven construction trailers- Meadows 300 PUD,
Congress ~venue & Hypotuxo Road
Six construction and sales 'trailers - Lakes of Tara,
Congress Avenue & Congress Boulevard
0
One sales trailer - Oriole Homes Cdrp., Sky Lake
Subdivision, N.W. llth Street
Accept Easement Deed for 20" Water Line - First Federal
Savinqs and Loan ~ssociation of Lake W.orth
Utility Director Cessna transmits requested material covering
easement for 20" water, line requested by F-irst Federal S & L
'Association of Lake Worth.
Approve request for Zoning Approval for AlCoholic Beverage
License: Valerie's Seafood & Fish Market, 404 N.E. 10th
Avenue
Deputy Building Official Keehr noted that zoning at the above
location permits the sale of beer and wine; package sales only.
Agree to extend' agreement with Flomida.National Bank for
one year
Agreement provides for extension for one year if both parties
agree. Florida National Bank has agreed ahd City Finance
Director, Grady Swann, recommends the one year extension.
Approve write~off !of receivables - Utility and General
Funds
In accordance with auditor Ernst & Whinney recommendation,
Finance Director Swann submits lists of receivables and
returned checks that are most likely uncollectible.
I. Change Order No.~ 2 Myre Fairway Golf Course Construction
Co, Bobbed Wire "Y"
For adding bobbed wire "Y" on top of previously approved fence,
Change Order No. 2 is for the amount of $3,942. This change
authorized by Bob vonHagge through the City Manager.
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
Change Order No. 3 Myre Fairway Golf Course Construction
Co., 7)000 ft. of non-perforated drain tile for sand traD. s
Bob vonHagge has authorized this change through the City Manager
in the amount of $10,500.
K. Approval of Bills
See list attached.
Councilman deLong moved .to adopt the Consent Agenda with the
deletion of A.2, and that portion of H. concerning the town of
Hypoluxo. Mr. Zimmerman seconded 'the motion.
Under discussion, Councilman deLong referring to A.2, Installa-
tion of Storm Panels on the. Mausoleum, requested a written legal
opinion from the City Attorney insofar as this expenditure is
concerned. Mayor'Warnke was advised by Mr. Cheney that we are
responsible for the maintenance and upkeep of the Mausoleum,
~o%ed Mayor Warnke.
Referring to Item H, Mr. deLong asked for a detailed report
covering the item'of the write off covering the town of
Hypoluxo, Engineering Services in the amount of $1,721.99.
Mr. deLong added~ that he wanted .to make certain the tax payers'
fUnds are being protected.
Regarding Item G, Mr. Wright asked if we had any other requests
to extend the agreement with Florida National Bank. Mr.
Sullivan stated that this was put out for bid tWo years ago
and there is a clause in the contract that provides for a
continuation of the contract if both parties are in agreement.
Mayor Warnke added that this is a continuation of the
acceptable bid some time ago.
Mr. Cassandra questioned Item H and asked if we wipe these
unpaid bills off, Mr.. Sullivan referred to the bills
being turned over to a collection agency. Mr. Cassandra noted
that would just add to an uncollectable bill.
Mr. Cassandra questioned.?Item B ~n~a-q~e~±rected-to Mr.
Cessna by asking who approVed the 30 hp in the original design.
'Mr. Cessna advised that these are the original pumps they had
to rework and because of the reworking, they had to go to 40 hp.
With no further discussion, the motion made by Mr~ deLong and
seconded by Mr. Zimmerman was voted upon and carried 5-0.
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
BIDS
A. Cemetery Sidewalk
Mr. Sullivan informed the Council of details concerning the bid
for the Cemetery sidewalk and advised that this would complete
the section along Woolbright Road. Mr. Cassandra expressed the
concern of the Cemetery Board in not losing the hedges and noted
that this was not "spelled out" He was told that the sidewalk
would not affect the hedges as the sidewalk would be right up
against the curb.
Mr. deLong moved to accept the bid for the sidewalk, seconded
by Mr. Zimmerman. No further discussion. Motion carried 5-0.
PUBLIC HEARING
Approve request for variance from subdivision and platting
requlations for the Town Club of Boynton Beach Site Plan
Mayor Warnke advised that the applicant was not ready due to
the incompletion of the title search. Discussion followed.
Mr. deLong moved to continue the request for a variance from
the subdivision and platting regulationS for the Town Club
of Boynton Beach Site Plan until the next regularly scheduled
City Council Meeting, Tuesday, October 4, 1983, at 8:00 P.M.
Mr. Wright seconded the motion. No further discussion.
The motion carried 5-0.
The Public Hearing was closed.
DEVELOPMENT PLANS
None.
LEGAL
Ordinance.s - 2nd Readinq ~ Public Hearinq
None.
Ordinances - 1.st Readinq
Proposed Ordinance No. 83-25 - Re: Adopting the Aggregate
Millaqe Rate
Before proceeding Mr. Vance advised the Council that due to
a mechanical time problem, it is recommended that Ordinances
No. 83-25 and No. 83-26 be adopted on first reading tonight
with the advertised millage rate. After discussion it was
- 7 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
ascertained that the 6.1984 mills in Section 1. and the 15~ as
indicated in Section 2, cOuld be adjusted downward to conform
to the rate the Council decides upon at their September 12th
meeting relative to Ordinance No. 83-25.
Mr. Vance read proposed Ordinance No. 83-25 by title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, STATING THE AGGREGATE
MILLAGE RATE TO BE LEVIED AGAINST PROPERTY OWNERS
WITHIN THE CITY FOR THE 1983-1984 FISCAL YEAR;
PROVIDING THAT THE CITY MANAGER SHALL HAVE THE
AUTHORITY TO ADJUST THE AGGREGATE MILLAGERATE
UPON RECEIPT OF THE FINAL TAX. ROLL; PROVIDING
FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
Councilman deLong moved the adoption of'proposed Ordinance
No. 83-25 on first reading with the intentions to amend
on 2nd Reading. Mr. Zimmerman seconded the motion. Under
discussion, Mr. Cassandra wished to state that he could
not be a strong advocator of cutting down the millage
and accept this 1st Reading.
Mr. Sullivan referred to the Mayor's booklets which say
in Section 2 ~ ~'Tha~ said Millage Rate exceeds computed
roll tax rate as computed by the Tax Assessor..' That has
been removed in the corrected editions and has not been
computed by the Tax Assessor but by the City's Finance Director.
Mrs. Boroni took a roll call vote on the motion as follows:
Councilman Cassandra - Nay
Councilman deLong - Aye
Councilman Wright - Aye
Mayor Warnke - Aye
Vice Mayor Zimmerman - Aye
Motion carried 4-1.
Proposed Ordinance No. 83-26 - Re: Adopting the Final
Budqet for 1983-1984
Mr. Vance advised that again due to mechanical problems,
it is required that Ordinance No. 83-26 be adopted on first
reading. He would ~ely upon Mr. Sullivan to fill in the
blanks and Mr. Sullivan provided the following information:
Section 2
Section 3
Section 4
Section 4
Section 4
$13,144,888
5,499,039
789,431~
1,710,621
2,500,052
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
Mr. Sullivan continued:
Section 5 $ 50,550
Section 6 248,000
Section 7 70,000
Section 8 487.244
Mr. ~ ~anceread proposed Ordinance No. 83-26 by title:
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1983, AND ENDING SEPTEMBER 30,
1984; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER
PURPOSES.
Councilman deLong moved the adoption of proposed Ordinance
No. 83-26 on first reading only with the intent of adjusting
the figures, at a later date on 2nd Reading~ Councilman
Wright seconded the motion. No discussion. Mrs. Boron± took
a roll call vote on the motion as follows:
Councilman deLong
Councilman Wright
Mayor Warnke
Vice Mayor Zimmerman
COuncilman Cassandra
- Aye
- Aye
- Aye
- Aye
- Nay
Motion Carried 4-1~
Proposed Ordinance No. 83-27 - Re: Amendment to Sign
Ordinance
Mr. Vance read proposed Ordinance No. 83-27 by title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 21, SIGNS,
SECTION 21-16. SPECIAL SIGNS, OF THE CODE OF
ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA TO
ADD A NEW SECTION 21-16 (c) (6) TO PERMIT THE
PLACEMENT OF A SIGN IN THE PUBLIC RIGHT OF WAY
BY A RESIDENTIAL DEVELOPMENT OF TWENTY-FIVE (25)
UNITS OR MORE NOT FRONTING ON A MAJOR OR MINOR
ARTERIAL STREET UPON APPROVAL BY THE CITY COUNCIL
AFTER RECOMMENDATION OF THE PLANNING AND ZONING
BOARD, THE TECHNICAL REVIEW BOARD AND THE
COMMUNITY APPEARANCE BOARD; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
- 9 -
REGULAR CITY COUNCIL 5~EETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
Councilman deLong moved the adoption of proposed Ordinance
No. 83-27 on first reading only. Mr. Cassandra seconded the
motion. No discussion~ Mrs. Boroni took a roll call vote on
the motion as follows:
Councilman Wright
Mayor Warnke
Vice Mayor Zimmerman
Councilman Cassandra
Councilman deLong
Motion carried 5-0.
- Aye
- Aye
- Aye
- Aye
Proposed Ordinance No. 83-28 - Re: Approval of Satellite
Dish Antennae
~. Vance read proposed
AN ORDINANCE OF
AMENDING APPENDI
PROVISIONS, OF
BOYNTON BEACH,
SATELLITE DISH
Ordinance No. 83-28 by title:
THE CITY OF BOYNTON BEACH, FLORIDA,
X A- ZONING, SECTION 4, GENERAL
HE CODE OF ORDINANCES, CITY OF
LORIDA, TO ADD A NEW SUBSECTION M,
NTENNAE; PROVIDING FOR THE
REQUIREMENT OF A PE-RMIT PRIOR TO INSTALLATION,
REMOVAL OR MODIFICATION OF A SATELLITE DISH AN-
TENNAE; PROVIDING STANDARDS FOR THE INSTALLATION
OF SATELLITE DISH ANTENNAE TO SERVE SINGLE FAMILY
OR DUPLEX HOMES; PROVIDING SETBACK REQUIREmeNTS
AND SCREENING REQUIREMENTS; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
Councilman deLong moved the adoption of proposed Ordinance
No. 83-28 on first reading only. Mr. Cassandra seconded
the motion.
Under discussion, Mr. Annunziato answered Mr. Cassandra's
query regarding measurements by advising that the intent of
the proposed regulation is to prevent these dishes, no matter
where measured, from dish or foundation, from encroaching
into a building setback line. Mr. Annunziato concurred With
Mr. Cassandra that it was not "spelled out" and stated that
is was standard interpretation.
Mayor Warnke asked whether the proposed regulation would also
apply to fou~plexes or eightplexes. Mr. Annunziato explained
how aesthetics would be taken into consideration according to
the type of residence in which it was being installed.
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
In answer to Mr. Zi~merman's questions, ~. Annunziato inter-
preted the regulation regarding side and rear setbacks'. Mr.
Zimmerman' felt it would make more sense if the word "setbacks"
were included. Mr. Annunziato explained why it was not included.
~s. Boroni then took a roll call vote on the motion as follows:
Mayor Warnke
Vice Mayor Zimmerman
Councilman Cassandra
Councilman deLong
Councilman Wright
- Aye
- Aye
- ~ye
- Aye
Motion carried 5-0.
Vance stated that the next two Ordinances are in tandem.
Proposed Ordinance No. 83-29 - Re: Amend Future Land Use
Element - Yachtman's Cove
~. Vance read proposed Ordinance No. 83-29 by title:
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID
CITY BY A~IENDING THE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY BY AMENDING THE
LAND USE DESIGNATION OF A CERTAIN PARCEL OF LAND
WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; SAID
LAND USE DESIGNATION IS BEING CHANGED FROM LOCAL
RETAIL TO MODERATE DENSITY RESIDENTIAL; AMENDING
ANY MAPS ADOPTED IN ACCORDANCE WITH THE LAND USE
ELE~.~NT OF THE COMPREHENSIVE PLAN ACCORDINGLY;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Councilman deLong moved the adoption of proposed Ordinance
No. 83-29 on first reading only. Mr. Zimmerman seconded
the motion. No discussion. Mrs. Boroni took a roll call
vote on the motion as follows:
Vice Mayor Zimmerman
Councilman Cassandra
Councilman deLong
Councilman Wright
Mayor Warnke
Motion carried 5-0.
- 11 -
- Aye
- Aye
- Aye
- Aye
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
Proposed Ordinance No. 83-30 - Re: Rezoning - Yachtman's Cove
Mr. Vance read proposed Ordinance No. 83-30 by title:
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY
REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY
OF BOYNTON BEACH FROM C-3 (COMMUNITY COMmeRCIAL
DISTRICT) TO R-1-AA'(SINGLE FAMILY RESIDENTIAL
DISTRICT) AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING THE REVISED ZONING MAP ACCORDINGLY;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Councilman deLong moved the adoption of proposed Ordinance
No. 83-30 on first reading only. Mr. Cassandra seconded the
motion. No discussion. ~s. Boroni 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
Motion carried 5-0.
Resolutions
Proposed Resolution No. 83-III - Re: Designating the City's
Representative to the MetrQpolitan Planning Organization
Mr. Wance read proposed Resolution No. 83-III by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BOYNTON BEACH, FLORIDA, DESIGNATING THE
CITY'S REPRESENTATIVE TO THE METROPOLITAN
PLANNING ORGANIZATION AND FOR OTHER PURPOSES.
Mr. Wright moved %he adoption of proposed Resolution No.
83-III, designating Vice Mayor Zimmerman as a member
representing Boynton Beach for a two year term and Mayor
Warnke as an available member of Council. ~r. ~zimmerman
seconded the ~otion.~.~.NO further discussion. Mrs. Boroni
took a ~oll call vote on the motion as follows:
Councilman deLong
Councilman Wright
Mayor Warnke
Vice Mayor Zimmerman
Councilman Cassandra
Motion carried 5-0.
- Aye
- Aye
- Aye
- Aye
- 12 -
REGULAR CITY COUNCIL MV. ETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
Mr. deLong moved to adopt an amendment to the motion covering
proposed Resolution No. 83-III; copies of all minutes of the
Metropolitan Planning Organization Meetings be supplied to
Members of the City Council. Mr. Zimmerman seconded the motion.
No further discussion. The motion carried 5-0.
Proposed Resolution No. 83-JJJ - Re: Approve and authorize
execution of Traffic Control Agreement for the intersection
of S.E. 23rd Avenue and U.S. Highway #1
Mr. Vance read proposed Resolution No. 83-JJJ by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA APPROVING
AND AUTHORIZING THE EXECUTION OF A
TRAFFIC CONTROL AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND PALM BEACH
COUNTY.
~. deLong moved the adoption of proposed Resolution No. 83-JJJ,
seconded by Mr. Cassandra. Under discussion, in answer to ~.
deLong's question, Mr. Sullivan referred to this officially
turning all of the maintenance over to the County and as a
result, they would have control in regulating the signal. Mr.
deLong ascertained that this is one of the few lights in the
City that is not under County control. Mr. Wright co_mmented
that because of this we will be saving $50,000. After further
discussion, Mrs. Boroni took a roll call vote as follows:
Councilman Wright
Mayor Warnke
Vice Mayor Zimmerman
Councilman Cassandra
Councilman deLong
- Aye
- Aye
- Aye
- Aye
- Aye
Motion carried 5-0.
Proposed Resolution No. 83-KKK - Re: Reducing bond for
Meadows 300, Plat I
Mr. Vance read proposed Resolution No. 83-KKK by title:
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, REDUCING PERFORMANCE BOND FOR
THE MEADOWS 300 - PLAT NO. 1, SECTION 7,
TOWNSHIP 45 SOUTH, RANGE 43 EAST
~. deLong moved the adoption of proposed Resolution No. 83-KKK,
seconded by Mr. Zimmerman. No discussion. Mrs. Boroni took a
roll call vote as follows:
- 13 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
Mayor Warnke
Vice Mayor Zimmerman
Councilman Cassandra
Councilman deLong
Councilman Wright
- Aye
- Aye
- Aye
- Aye
Motion carried 5-0.
Proposed Resolution No. 83-LLL - Re: Accepting all improvements
and release of remaining $1,000 Cash Bond - Golfview Harbour,
Tract I
Mr. Vance read proposed Resolution No. 83-LLL by titl.e:
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, ACCEPTING ALL IMPROVEMENTS FOR
TRACT I OF THE THIRD SECTION OF GOLFVIEW
HARBOUR, SAID THIRD SECTION BEING A REPLAT
OF THE SECOND SECTION OF GOLFVIEW HARBOUR
SUBDIVISION IN SECTION 32, TOWNSHIP 45
SOUTH, RANGE 43 EAST.
Mr. deLong moved the adoption of Proposed Resolution No. 83-LLL,
seconded by Mr. Cassandra. No discussion. ~s Boroni took a
roll call vote as follows:
Vice Mayor Zimmerman
Councilman CaSsandra
Councilman d'eLong
Councilman Wright
Mayor Warnke
- Aye
- Aye
- Aye
- Aye
- Aye
Motion carried 5-0.
Proposed Resolution No. 83-MMM - Re: Accepting sidewalks and
and release of bond - Woolbright Plaza
Mr. Vance read proposed Resolution No. 83-MMM by title:
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, RELEASING THE SIDEWALK BOND FOR
WOOLBRIGHT PLAZA
Mr. deLong moved the adoption of Proposed Resolution No. 83-~,
seconded by Mr. Cassandra. No discussion. Mrs. Boroni took a
rolI call vote as follows:
Councilman Cassandra
Councilman deLong
Councilman Wright
Mayor Warnke
Vice Mayor Zimmerman
Motion carried 5-0.
- 14 -
- Aye
- Aye
- Aye
- Aye
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
Proposed Resolution No. 83-NNN - Re: Approval of Final Plat -
Sky Lake Development
Mr. Vance read proposed Resolution No. 83-NNN by title:
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE FINAL PLAT FOR SKY
LAKE PLAT NO. 2, A RESIDENTIAL SUBDIVISION
IN SECTION 20, TO~NSHIP 45 SOUTH, RANGE 43
EAST
Mr. deLong moved the adoption of Proposed Resolution No. 83-NNN,
seconded by Mr. Cassandra. No discussion. Mrs. Boroni took a
roll call vote as follows:
Councilman deLong
Councilman Wright
Mayor Warnke
Vice Mayor Zimmerman
Councilman Cassandra
Motion carried 5-0.
- Aye
- Aye
- Aye
- Aye
Proposed Resolution No. 83-000 - Re: Approval of Final Plat -
Lakes of Tara
F~. Vance read proposed Resolution No. 83-000 by title:
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE FINAL PLAT FOR LAKES
OF TARA P.U.D., UNIT 1, IN SECTION 30,
TOWNSHIP 45 SOUTH, RANGE 43 EAST
Mr. deLong moved the adoption of PropOsed Resolution No. 83-000,
seconded by b~. Cassandra. Under discussion, Mr. Zimmerman
asked if the rumored new project name, Cherry Walk, had any
bearing on the proceedings. Having also heard that,
Mr. knnunziato referred to the procedure when the City is
formally notified. At this point, there is no conflict.
No further discussion. Mrs. Boroni took a roll call vote
as follows:
Councilman Wright
Mayor Warnke
Vice Mayor Zimmerman
Councilman Cassandra
Councilman deLong
- Aye
- Aye
- Aye
- Aye
Motion carried 5-0.
- 15 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
Other
Consider amending zoning ordinance relative to REC and permitting
outside storage - Requested by Vice Mayor Carl Zimmerman (Tabled)
Mr. Zimmerman moved to remove this from the table, seconded by
~. Cassandra. Motion carried 5-0.
Mr. Zimmerman further moved to delete this item from the Agenda.
Mr. deLong seconded the motion. The motion carried 5-0.
Discussion and Review of Draft Ordinance for Building Moratorium -
Downtown Business District (Tabled)
Mr. Cassandra moved to remove this from the table, seconded by
Mr. deLong. The motion carried 5-0.
Mr. Cassandra stated that the City Manager took this off 1st
Reading because there were a couple of questions raised on the
first write-up on certain sections of this Ordinance which have
been corrected in the new presentation. The correction was in
Section 6, under Area Variances. They recommended the develop-
ment of a C.R.A. Variance Board. Mr. Cassandra belieVed this
was in conflict with our Board of Adjustment. Mr. Cassandra
related Mr. Cheney's comments that the C.R.A. has a big enough
job with downtown development without giving them the addition-
al job'of poticymaking of special variances.
A mute point which Mr. Cassandra wanted to touch upon was that
going through normal channels, there is a fee, however, with
this procedure it would be free of charge. Mr. Cassandra
further stated that if we don't impose a moratorium, we will
have properties coming up for sale. An example was the For Sale
sign that went up just across the street from St. MarkS' Church
as soon as Urban Design made its recommendation for their relOcation.
Mr.'.Cassandra did not think tha~ was fair to a buyer. He
referred to protecting a seller as well as a buyer and therefore
thought the Moratorium should go back to the Planning & Zoning
Board as recommended bY the City ~nager so that people who own
land or want to buy land know what to do.
Mr. Cassandra moved for the recommendation that the Ordinance
go back to the Planning & Zoning Board for review and then be
put on the Agenda as a 1st Reading. ~. deLong
seconded the motion. No discussion. Motion carried 5-0.
Take action to authorize Mayor to be Boynton Beach's voting
delegate at the Florida League of Cities Meeting on October 23,
1983
Mr. DeLong moved to authorize the Mayor to be the Boynton Beach's
voting delegate, and in his absence the Vice Mayor, at the Florida
- 16 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
League of Cities Meeting on October 23, 1983.
discussion. Motion carried 5,0.
No further
Approve request for annexation - Lake Worth Christian School
Mr. deLong moved to forward this request to the Planning & Zoning
Board for review and recommendation, and back to the City Council.
Mr. Cassandra seconded the motion.
In order that the Members have all the facts before voting, Mr.
Cassandra raised the question as to whether the City is getting
any "tax monies for these services". ~. Vance was quite certain
that the school is tax exempt. Mr. Zimmerman asked if he was
pretty sure they are not on the ad valorem tax roll. Mr. Vance
was not positive but stated that typically they meet certain
requirements. Mr. Cassandra referred to the School Minutes
attached to this request and noted the item referring to an
agreement of cooperation between the Seacrest Presbyterian Church
and called attention to the automatic tax free status. Mr. deLong
adVised that they are entitled to it by law. He referred to
encouraging petitioning for annexation. Mr. Cassandra was
concerned about their not having sewer pipelines. Mr. Cessna
concurred and added that the school itself would have to put
in a pump station.
Mayor Warnke repeated the motion made by 5~. deLong and
seconded by Mr. Cassandra. No further discussion. Motion
carried 5-0.
Approve Water Service Agreement - Sausalito Grove PUD
Mr. deLong moved to accept the recommendation although he
frowns upon the 9.28 units per acre. In view of the fact that
they are signing an agreement whereby they will petition for
annexation to the City, this is so that they become contigUous
so that means that you are going to have heavy density and
that won't protect the situation. Mr. DeLong thought that
when they came in for this negotiation on the contract, something
could have been done to lower that density because Mr. deLong
thought we run about 5. something. Mr. Wright seconded the motion.
Under discussion, Mr. Cassandra agreed with Mr. deLOng that they
are in our service area but saw a redundancy in thinking witch the
Workshop Scheduled for Thursday, we are approving water for other
people rather thanwaiting f0rthe outcome of the Thursday meeting
when we have the opinions of the experts.
Mr. deLong referred to the grant of the Federal GOvernment in which
75% of the water and sewer service in the City is subsidizSd. This
was put into effect by the E.P.A. and Mr. deLong was thinking of the
result if the .applicant is refused. He was also concerned with the
- 17 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
effect on the future expansion of lines and building a water
plant in terms of the grant. He did not want the City to be
penalized and referred this to the City Attorney. Mayor Warnke
commented that the recent trend is that there will be no more grants
made by the Federal government. ~. Vance advised that it is
probably debatable. The City did, in connection with the grant
application, indicate that we would service certain areas. Mr.
Vance stated that it is possible.
~. deLong commented on an effort being made during the initial
handling of a heav~e~sity?aPPlication toreduce the density although,
he stated that we don't have control over unincorporated areas.
If the majority of the Council wanted to-turn this down, Mr.
deLong stated that he would also agree and wait to see the aft~er-
effects of the Thursday meeting. Mr. Wright believed that Mr.
Cessna was in support of this request.
Mayor Warnke read the following into the record:
"The City of Boynton Beach is now facing a
moratorium in 1985 on new additions to our water system
unless steps are taken now to solve the problem. Too
often' in the past, elected officials did not act to
prevent serious future difficulties until it was too
late. Let us not make the same mistake.
"The mor.atorium is inevitable, based on the latest
reports, if the City continues to supply new develop-
ments outside the City limits.
"It will take three years to put a new water plant
and wells into service and we have less than two years
before the present system reaches capacity. It will be
even more of a problem during drought periods.
"We must now make a choice. Not a choice based on
economic factors but one based on supply. We must make
a decision to put the present and future residents first
in line for drinking water or else let our City growth
be strangled by the moratorium that will occur if we
continue to add new developments to our s~stems ~including
sewers) outside of the City.
"What are our priorities? Water for our present and
future citizens or supplying the influx of residents
outside of the City? I am not thinking of economics.
I am not against controlled development and growth that
is a vital part of our future. I am vitally concerned,
as we all are, with the welfare and health of our citizens.
- 18 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
"What I am fighting for is time to plan an orderly
growth with foresight and common sense to prevent the
moratorium on all growth both within the City and without.
"I have said many times that we must improve what we
have. In this case we must save what we have."
Mayor Warnke computed that we would gain two years for City growth
before a moratorium if we do not add any more C.O.'s or approve
any more water outside of the City. In answer to Mr. deLong's
question, Mayor Warnke was not advocating declaring a moratorium.
Each case should be judged on its own at this time but after all
the studies are made, hopefully through our Thursday meeting, etc.,
Mayor Warnke felt the addition or expansion of our water system
outside the City limits at the present time, is inadvisable.
Mr. deLong asked how differentiation would be made as to who
is going to get it and who is not. Mr. Wright referred to not
being sued. Mr. deLong offered to withdraw the motion and see
what the consequences would be by proceeding otherwise. Mr.
Cassandra asked that the motion not be withdrawn. He commented
on the many valid points in the Mayor's presentation. All other
requests on water service have been approved until this very
moment. To discriminate against this one is unfair. Mr.
Cassandra thought this last one should go through.
Mr. deLong believed a moratorium would have to be declared to
begin with and agreed this last one should go through. Mayor
Warnke called attention to the policy already established by
the City Council, one of which is a priority of furnishing water
to outside citizens based on the health, welfare and safety thereof.
Mayor Warnke referred further to the moratorium being inevitable
He referred to the City Attorney's opinion.
Mr. Cessna agreed with Mayor Warnke and stated that whether it
is legal or not is up to the City Attorney. Mr. Cessna referred
to not guarantyinganybody service at the time they build except
credits given, i.e., Congress Avenue Developments~ which we have
to honor. He does not believe in guarantying anybody capacity
unless they want to pay for it ahead of time.
Mr. deLong stated that the City Manager's memorandum of 9/6/83
specifically states that, "Itis recommended that this Agreement
be approved for they are a part of our Regional Service Area."
Mr. deLong asked F~. Vance if there is a penalty if we refuse.
Mr. Vance referred to the legal liability for furnishing water
and sewer within the service area and we do have one case which
essentially says there is no requirement. However, we also
applied for an E.P.A. grant and we agreed to certain duties
and responsibilities. Mr. Vance clarified that this is not a
clear cut area where he can come up with cases but it is the
E .P .A.
- 19 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
If we are obligated, Mayor Warnke saw no reason for the request to
come before the Council. Mr. Wright pointed out the stipulation
that if there are any other limitations we can establish, we are
not liable. Mr. Vance concurred and further discussion followed.
With regard to planning ahead, Mr. Cessna called attention to
an outline he prepared contained in the Council Minutes of
January, 1979.
Vice Mayor Zimmerman asked if we have any other agreements signed
for water along with the right of annexation when they become
contiguous, as far west as this. Mr. Cessna enumerated:
60 acres± behind St. Vincent de Paul's Seminary
east of the E-3 canal
A small section of Jamaica Bay up against the
Lake Worth Drainage Canal on Military Trail
Pride's Crossing on the west side of Lawrence
Road north of the L-20 canal and south of the
L-19 canal just across from our City limits
that could become ,contiguous very quickly.
Mr. Vance noted that they all include the annexation agreement and
at the perogative of the City Council, they may be taken in or not.
Mrs. Boroni took a roll call vote on.the motion made by Mr. deLong
and seconded by Mr. Wright, as follows:
Mayor Warnke
Vice Mayor Zimmerman
Councilman Cassandra
Councilman deLong
- Nay
- Nay
- Aye, because of approval
by the City Manager, we
are not giving water at
this particular moment,
but as pointed out by the
City Attorney, if water
is available, they may
have it. We are meeting
Thursday and we will have
all those answers.
- Aye, my qualification of
the vote is the fact that
there is nothing here that
says that we should dec-
lare a moratorium at this
time. If the City makes
~P~their mind to dec-
lare a moratorium, I will
go along with it, but I
don't think that they should
take this last man in and
throw him out.
- 20 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
Councilman Wright
- Aye, it's very explicit
in the agreement~
I vote to support the
motion.
Motion carried 3-2.
Community Appearance Board Review
Councilman deLong brought up the need for the Community Appearance
Board review before a building permit is issued under some of the
following conditions: building rehabilitation, alterations, sign
changes, facade changes, tree removal, or any remodeling whatsoever.
Councilman deLong suggested the need for an amendment at an earlier
meeting. Inasmuch as the City Manager was not present, it was
determined that this subject would be taken up at a later time.
OLD BUSINESS
Consider Amendment to Handicapped Section of City's Building Code
After discussion it was determined thatthe appropriate time for the
City Attorney to proceed with the preparation of the appropriate
Ordinance Amendments would be at the time of the adoption of the
Palm Beach County Comprehensive plan. Mr. deLong moved to lay the
question on the table. Mr. Cassandra seconded the motion.
The motion carried 5-0.
Annual Report
From the comments Mr. Wright received from citizens, he wanted
to extend compliments and appreciation'to the City staff for
their efforts in the preparation of the CitY's Annual Report.
Mr. Wright referred to it reflecting a great dollar's savings
and being very informative to the citizens.
ADMINISTRATIVE
Consider appointment to Community Relations Board (1 member).and
Housing Authority (1 member)
Councilman deLong moved that nominations be open for anew member
for the Community Relations Board. Mr. Cassandra seconded the
motion. Motion carried 5-0.
Mr. Zimmerman nominated Dr. Perry Brown, 2300 N.E. 1st Lane,
Apt. 411, Boynton Beach. Mr. Cassandra seconded the nomination.
Inasmuch as there were no other nominations, Mr. deLong moved
that nominations be closed. Mr. Cassandra seconded the nomination.
Mayor Warnke announced that Dr. Perry Brown is now a member of
the Community Relations Board and that appropriate action be
taken by the Secretary.
- 21 -
REGULAR CITY COUNTIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER ~6, 1983
With regard to considering the appointment of one member of the
Housing Authority, Mr. Cassandra moved to table this. Mr. Cassandra
stated that the reason he is making this motion is that he was at
the last Housing Authority meeting and again, they did not have
a quorum. He was concerned with their strength to run meetings
and suggested meeting with the Chairman, Mr. Kloster.
Mr. Zii~merman seconded the motion to table. Motion carried 5-0.
Accept Joe Sciortino's Resignation as Chairman of the Municipal
Golf Course Advisory Committee
Mr. deLong moved to accept the resignation with the appropriate
letter of appreciation. Mr. Zim~erman seconded the motion.
Motion carried 5-0.
Mr. Zimmerman moved to open nominations.
motion. Motion carried 5-0.
Mr. deLong seconded the
~. Zimmerman moved to promote Phil Massa from an Al'ternate Member
to a Regular Member and appoint Nicholas F. Falgione, 513 S.E. 27th
Way, ~38-B, as an Alternate Member of the Municipal Golf Course
Advisory Committee.
Mr. deLong moved that nominations be closed and the appointees
be notified by mail by a unanimous ballot. ~. Cassandra
seconded the motion. Motion carried 5-0.
Report relative to breakdown on FPL's costs per day for parks
usage on lighting - Requested by Councilman Nick Cassandra
¥~. Cassandra remarked that Craig Grabeel did an excellent job
in the preparation of the report. In answer to Mr. Wright's
inquiry, Mr. Cassandra advised that he has met with the City
Manager regarding user fees, etc. Inasmuch as the City Manager
was not present, Mr. Cassandra suggested holding off'on the response.
The current few months, not included, would be added on to the cost factor.
Report on expenditures to R & A and analysis of and inspection
workthat could be transferred to the City in the future
~. deLong complimented the report submitted by Craig Grabeel,
Special Project & Energy Control Officer. He referred to this
being a good start to setting up our own systems. Mr. deLong
expressed concern for the taxpayers who have lost a terrific
amount of money in the past. Mr. deLong reviewed the experiences
of our Utilities Director and our City Engineer. He enumerated
dates, firms and experience contained in the background information
of the City Engineer and remarked of how beneficial this set up
could be to the local taxpayer. He knew of other cities that
have set up their own administration, expansion, utilities, etc.
- 22 -
REGULAR CITY COUNCIL ~ETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
In noting the current remunera'tion figures, Mr. deLong stated that
this would warrant increases and more than offset the amounts to
be saved. He reviewed the "terrific" background of Craig Grabeel.
In further reading the report, ~. deLong noted mention of employ-
lng a Consulting Engineer. Mayor Warnke referred to the spin-off
of a lot of projects that were assigned to R & A and paid for by
the developers. Mr. deLong noted that would come back to the
City and would have a tendency to keep the rates lower for the
City, reading the amount of fees already channeled in that
direction. Mr. deLong felt this should definitely be pursued
and noted that this is the first Council to do this.
b~. Cassandra wished the record to reflect that this in no way
was a reflection on R & A and their services to this City but
was more of a financial concern for the citizens of Boynton Beach
and a measure to save them money. There was no doubt, Mr. deLong
thought they do a marvelous job; our principal concern is the
economics of it insofar as the pocketbook of the taxpayer is
concerned.
Mr. Cassandra wanted the minutes to show, according to Craig
Grabeel's report, covering a period of 1981, 1982 and part of
1983, that the City could have made $591,000±. Mr. Cassandra
felt we are going in the right direction but wanted to stress
that it is no reflection on R & A.
Mr. Wright did not see the recommendation referred to but did
see where the report said the City could have saved some money
had someone in~house made some of those preparations, etc.
At this time Mayor Warnke recommended that a motion be made
rather than a general discussion which would be-followed by
the mOtion.
Mr. Cassandra moved that a recommendation be made to the City
Manager to follow up on the comments in the subject report
recommending the addition of one engineer and two inspectors
to the City's staff. *Mr. deLong seconded the motion.
Under discussion, Mr. Wright stated that he would like to see
in the subsequent reports, if this is to be pursued, the savings
that would be involved in keeping the costs of water and sewer
rates down. Mayor Warnke was sure that would be a part of
the City Manager's report. Mrs. Boroni took a roll call vote:
Vice Mayor Zimmerman
Councilman Cassandra
Councilman deLong
Councilman Wright
Mayor Warnke
Motion carried 5-0.
- Aye
- Aye
- Aye
- Aye
- A~e
- 23-
*corrected, see Minutes 9/20/83
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER :6, 1983
Third Quarter 1983 report on sewer and water capacity reserves
Mr. Cassandra asked the Chair if this would not be appropriate
to discuss on Thursday. Inasmuch as there would be no Council
Meeting for two weeks, Mayor Warnke was concerned about people
requesting service outside of the City. At this time, he passed
the gavel to Vice Mayor Zimmerman. Mayor Warnke moved that the
City put a 90 day moratorium on accepting any more applications
for water service outside of the City limits. ~. deLong seconded the motion.
Mr. Vance referred to projected dates of Water Plant capacity
and Sewer Plant capacity. He also referred to the prepared
studies to be considered at the Thursday meeting. In order to
justify a moratorium, Mr. Vance advised that you have to
have what essentially amounts to an emergency situation. This
would be projected to be at a crisis point, from current data,
at least three years down the road. Mayor Warnke called attention
to specific dates, figures and percentages after which he stated
that there would only be a two year breather to supply our own
citizens and people building in the City, otherwise the people
in the City and the people outside of the City, by the end of
1985 would all be denied any kind of C.O.'s. Mr. Vance referred
to the possible action the City Council may need to take after
evaluating this report on Thursday but with the record he~
i s familiar with, it is difficult to project an emergency
situation at this time.
Mayor Warnke's main point in making the motion was that he put
90 days on it as a most arbitrary period which could be lifted
at any time. He was trying to prevent a rash of people coming
in making applications Outside of the City. Later on when we
do have to take action, we have this Grandfathered in, so to
speak~. After listening to the City Attorney, Mr. deLong wished
to withdraw his second to the motion which was made for the
sake of discussion.
Vice Mayor Zimmerman stated, after calling for a second to
the motion, that for lack of a second, the motion is lost.
Mr. Cassandra remarked that if people file their application,
it would not be acted upon until the next Council Meeting at
which time a decision could be made. He stated that Mayor
Warnke's point was well taken. Mr. deLong did not think it
would look well after the other application and then going
immediately into a moratorium. Mr. Vance added that the legal
requirements of a moratorium are somgwhat strict,:. Mr. ~W~iqht
commented that they are very strict,
- 24-
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
Guidelines .for business meetinqs
Mr. Cassandra proposed the following recommendations for con-
sideration by the Council. He explained that these guidelines
are recommended for conservation purposes so that one person
would attend a business.meeting instead of many. This would
cover business meetings attended by Council Members and City
Department Heads.
1) Since the Mayor represents the City, he
would do so and attend meetings, i.e.
Florida League of Ci~ies, etc.
2) If'more. than one meeting is taking place
at One time, a seCOnd Council Member
-would be chosen, preferably the Vice
Mayor, or. he can giv~ up h~s place to a
third. Council'Member~
3) A written report would be sUbmitted to
all Council Members go that all could
benefit.
Mr. deLong referred-to these meetJ
Member has when the City joins.
do have a certain amount of repre~
tion of the City ;~ the League of
Mr. Wright believed the Council st
any meeting. As was previously~de
make a request to go to a meeting
In view of the fact fha{ Mr. Wrig~
people of this community, he beli~
do j~s~what.~.~e needs to get done
people being denied the benefit O~
Wright concurred'with the submissJ
Mayor Warnke referred to the contJ
~rom attendance at these-.talks, se
is also an intangible that you ca~
"x" number of dollars and gaining
City. For instance, Mayor Warnke
Convention in Washington. He pa.sa
Beach HoUsing Authority which may
for- the City.
Mr. Cassandra reiterated that if
there would be no question about
ngs as a privilege each Council
n different organizations, you
entation by the size or popula-
~nicipalities.
~ould approve staff travel at
cided,, a~ Council Member could
and the Council could deny it.
.t was elected to represent the
red another person could not
He referred to more than two
attending a meeting. Mr.
on of a report.
nuing education being derived
minars, speeches, etc. There
't put a finger on; i.e. spending
"x" numbe~ of dollars for the
made a contact at the Mayors'
ed this along to the Boynton
result in possible fundmng
here w~as ~ more than one meeting,
ore than one Council Member
attending'~ but his concern was for conservation.
- 25 -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 6, 1983
OTHER
None.
ADJOURNMENT
Mr. deLong moved to adjourn., seconded by Mr. Zimmerman. Motion
carried 5-0 and %he ~meeting was properly adjourned at 9:40 P.M.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
City Clerk
Receding Secretary
(Three Tapes )
Vice Mayor
Councilman
Councilman
- 26 -
AGENDA
September 6, 1983
CONSENT AGENDA - ADMINISTRATIVE
Approval of Bills:
Alsa¥-PiDpin Corp. Est. %4 $ 150,245.91
Wells 17 - 22 for period 7/21/83 to 8/20/83
Pay from Utility Capital Improvement---404-000-169-01-00
CPT in Palm Beach
Annual Maintenance Contract for CPT equipment in
City Manager & City Clerk's office
Pay from General Fund---001-122-512-40-33 $1500.00
001-121-512-40-99 1500o00
3,000.00
e
Bill Currie Ford
2 Ford Pick-Ups for Parks Department
Pay from Federal Revenue Sharing---320-722-572-60-81
11,421.64
Florence Fuller Child Development Center, Inc.
Remaining payment - Child Care Center per contract
Pay from Federal Revenue Sharing---320-641-564-40-5A
1,099.01
Se
Geraght¥ & Miller, Inc.
Boynton Beach Water--Supply Wells--Statement of
charges for 6/26/83 through 7/30/83
Pay from Utility General Fum. d---403-000-169-01-00
2,4~0.2~
°
IBM Corporation
Lease Copier III Model 40 (City Hall)
Charge to various departments---General Fund and
Water & Sewer Revenue Fund
1,588.24
°
Jones. Equipment Company
6 Bodyguard shields for Police Department
Pay from General Fund---001-211-521-60-82
1,244.21
S.I. Lime Company
Lime for Water Treatment Plant
Pay from Water & Sewer Revenue---401-332-533-30-65
7,987.93
M.P,H. Industries~ Inc.
4 Moving Radar, Battery Packs, Mounts & Brackets
for K~asaki's at Police Department
Pay from Federal Revenue Sharing---320-211-521-60-42
Per bid 4/11/83, Council approved 4/19/83
5,235.00
COUNCIL APP,qOYED:
Meeting:
!0.
12.
13.
14.
15.
16.
17.
18.
-2-
Meidin~er
For services rendered 8/1/82 through 7/31/83 in
connection with City of Boynton Beach Retirement
Plan.
Pay from Retirement Trust Fund---611-137-513-20-29
Myre Fairway Golf Course Const. Co. Appl. ~13
Golf Course Construction from 8/1/83 to 8/31/83
Pay from B.B. Rec. Facility Constr. Fund
415-000-169-41-00
Daniel O'Connell General Contractor, Inc.
Golf Course Golf Cart Storage Bldg. Req. 4 Final
Golf Course Maint. Bldg. Req. 3 Final
Pay from B.B. Rec. Facility Constr. Fund
415-000-169-41-00
$ 450.00
1350.00
Petersen Industrial Machines, Inc.
1 Trash Collection Vehicle
Pay from Sanitation Cap. Replacement---103-341-534-60-83
Per bid 4/12/83, Council approved 4/19/83
Ranger Construction Company, Inc.
Shell Rock for Roads & Streets
Pay from General Fund---001-411-541-30-4A
Shurly Contracting, Inc. Est. ~2
N.E. 10th. Ave. Project ~!82-2000
Pay from General Fund---001-000-!15-87-00
10~ reimbursable Community Development Block Grant
Snap-Tite, Inc.
Hoses etc. for Fire Dept.
Pay from General Fund---001-221-522-60-89
Per bid 7/1/83, Council approved 7/19/83
Star Publishing Company, Inc.
15,000 Annual Reports - 1982/83
Pay from Publicity Fund---101-191-519-40-5G
U.S. Foundry & Mfq. corp.
29 (1-) Adjusting Rings for Resurfacing Program
Pay from Water & Sewer Revenue---401-333-533-30-9E
1,870.25
23,956.31
1,800.00
37,970.22
1,050.00
17,413.87
9,769.00
1,210.00
2,552.00
20.
21.
22.
-3-
Urban Desiqn Studiq
Billing for services thru 7/31/83 Inv. ~4 of 8
Approved by Community Redevelopment Agency 8/25/83
Pay from Federal Revenue Sharing---320-000-247-1C-00
Xerox Corporation
Memorywriter plus accessories for Library
Pay from General Fund---001-711-571-60-72
State Contract ~600-90-84-1
Isiah Andrews
Driver for Senior Citizens Club 2 wks.
Pay from Federal Revenue Sharing---320-641-564-40-5A
Per Ordinance ~73-15, passed 5/15/73
Willie Ruth McGrad¥
Server for Senior Citizens Club 2 wks.
Pay from Federal Revenue Sharing---320-641-564-40-5A
Per Ordinance ~73-15, passed 5/15/73
4,300.00
1,772.00
140.40
134.40
The bills described have been approved and verified by the
department heads involved; checked and approved for payment
by the Finance Department.
ann, Finance Director
I therefore recommend payment of these bills.
/
Peter L. Cheney, C' nager