Minutes 07-05-83MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT
CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 5, 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
Betty S. Boroni, City Clerk
James W. Vance, City Attorney
Mayor Warnke welcomed everyone and called the meeting to
order at 7:30 P. M. He announced tonight we are going to
have the Invocation by Reverend Norman Halliday, Interim
Pastor of Boynton Beach Congregational United Church of
Christ, followed by the Pledge of Allegiance to the Flag led
by Mr. James Vance, City Attorney. He requested everyone to
please rise.
AGENDA APPROVAL
Mayor Warnke stated he would like to add an item under New
Business - Item C - Dredging by Gulfstream. Vice Mayor
Zimmerman stated he would like to add an item under New
Business - Item D - Amtrak Speed on the Seaboard Railroad.
Councilman deLong stated under the Consent Agenda, he has
two questions - Items G and H.
Mr. Cheney referred to distributing a blue folder to the
Council and advised there are two additions to the agenda
under Consent Agenda - one for an approval of a bill from
Myre Fairway Construction in the amount of $33,964.87 and
Item I - Request for a Construction Trailer relative to
construction work on N. E. 10th Avenue. The other item on
the memo pertains to a report that Councilman Cassandra
asked for relative to training which was not finished in
time. He suggests that the Council accept this report, read
it and it will be put back on the agenda for the next
meeting.
Mr. deLong moved to approve the agenda with these additions,
seconded by Mr. Zimmerman. No discussion. Motion carried
5-0.
ANNOUNCEMENTS
Mayor Warnke referred to there being no specific announ-
cements, except one thing he would like to mention which he
thinks should have a little bit of media support. We now
have Code Enforcement Officers out on weekends and evenings
and he would like to say that truck parkers, roofers,
builders and anyone else concerned to please take note. He
is glad to see the Code Enforcement Officers out on a round
the clock basis.
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JULY 5, 1983
Mr. Cheney announced that thanks to the Mayor, last night at
the fireworks, we had an additional ~attraction of patriotic
music, which was a definite plus. The people were extremely
pleased and gratified with the whole effort. He thinks we
should build on having music during the next few years as it
helped a lot. Mayor Warnke added that last night was
excellent and we may have improvements next year as he
thinks it went over pretty well.
Councilman deLong moved for reconsideration of the place
where he put Items G and H as the remarks he wants to make
are after the City Manager's Report. Councilman Cassandra
seconded the motion. Motion carried 5-0.
MINUTES
Regular City Council Meeting Minutes of June 21, 1983
Councilman Cassandra moved to accept the Regular City
Council Meeting Minutes of June 21, 1983, seconded by Vice
Mayor Zimmerman. Motion carried 3-0 with Mr. Wright and
Mayor Warnke abstaining due to absence.
~pecial City Council Meeting Minutes of June 29, 1983
Councilman deLong moved for adoption, seconded by Councilman
Cassandra. Motion carried 3-0 with Mr. Wright and Mayor
Warnke abstaining due to absence.
CITY MANAGER'S REPORT
Water Well Situation
Mr. Cheney reported that the new wells under construction
are moving along. The two wells being rehabilitated are in
operation and we are still testing in regards to quantity of
water to be pumped. He knows there is some concern about
the six new wells. For a period of time, there will be
straight 72 hour round the clock pump testing'operation.
This will go on from time to time as there is no way around
it, but it will be done only when absolutely necessary.
Budget - Community Development Program
Mr. Cheney reported that the proposed budget for the coming
year for the Community Development program, which is funding
the neighborhood strategy area, has proposed an additional
$200,000 allocated by the County for the coming year. This
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JULY 5, 1983
is proposed to be spent on N. W. 12th Avenue, N. W. 13th
Avenue, and N. W. 3rd Street in accordance with plans
already approved. This is in addition to the $400,000 being
spent on N. E. 10th Avenue.
City Budget
Mr. Cheney stated he would like to give some forewarning
about the upcoming City budget. We are doing a lot of work
on it. He doesn't want the Council surprised that revenues
are not overly optimistic. We must watch expenses. We will
be proposing some increases in fees. We will be proposing
an increase in the sanitation fee which is directly related
to the land fill cost. We will be proposing increases in
building fees because the inspection program increases. We
will be proposing increases in capital facilities charges
for developers. We will be proposing an additional increase
in utility fees for the coming year. All this is necessary
unfortunately in order to keep the City in good shape and
meet the costs we have. As they are aware, we are in an
unfortunate situation in that the taxable assessed base for
the City is about the same as last year because new
construction has about equalled the dollar value to the
exemptions given. There has been a sudden increase in
homestead exemptions in a year when growth has not been
great.
Mr. Cheney added that it will be interesting to review the
budget. He hopes as it is reviewed, we will have a lot of
citizens listening to the problems and concerns.
Mayor Warnke announced there will be three public meetings
during the month of July on the budget issue. If anyone has
any input, additions or corrections, there will be three
public meetings in July where they can come forward to
express their views. The times and dates will be announced
in the newspapers.
Rest Rooms at Boat Launching Ramp
Councilman deLong stated he would like to prevail upon the
City Manager to see what can be done to give high priority
to construction of decent rest rooms at the boat launching
ramp. The rest rooms there are inadequate and not of a suf-
ficient number. He has received many complaints.
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MINUTES - REGULAR CITY COUNCIL ~ETING
BOYNTON BEACH, FLORIDA
Board Residency Requirements
JULY 5, 1983
Councilman deLong referred to the decision that members of
the City boards must reside in the City and stated about
eight to nine months ago, he was asked by a local resident
to be appointed to the Community Appearance Board and this
member has now given notice that he is moving out of the
City. He is under the impression that he can remain on the
Board until 1985 when his term expires, but according to
Ordinance No. 80-5, it says each regular and alternate
member of the Board should be a resident of the City. This
member was appointed under those regulations, so he must
vacate.
Mayor Warnke referred to Mr. Vance making a ruling about the
members on Boards being grandfathered in and Mr. Vance
clarified that this is one which obviously was not amended.
If the individual was appointed subsequent to 1980, he would
have to leave the Board when he leaves the City. For those
people serving on Boards when the ordinances were amended
two months ago could serve out their terms.
Councilman deLong moved to have the City Manager notify Mr.
Meyer Rubin that his term of office has expired since he is
leaving the City. Vice Mayor Zimmerman seconded the motion.
Under discussion, Mr. Cheney added that this was a lapse on
his part for not looking up this and realizing the Community
Appearance Board had a residency requirement Motion
carried 5-0. ·
PUBLIC AUDIENCE
Mayor Warnke announced if anyone wished to speak on any sub-
ject not on the agenda, they may come forward to the podium
at this time. If anyone wants to speak on any item on the
agenda to please give their name to the City Clerk and they
will be called upon at the appropriate time.
Mrs. Dee Zibelli, 440 Ocean Parkway, advised she is the
Chairman of the North Boynton Civic Improvement Association
and Vice Chairman of the North Boynton Cleanup Task Force.
She referred to submitting a copy of a memo from Mr.
Kahlert, County Engineer, noting design funds have been
appropriated in the amount of $150,000 in reference to
Seacrest Boulevard and a copy of a letter from Commissioner
Koehler noting with the assistance from Boynton Beach,
Seacrest Boulevard would be included in the County's budget
for the coming year and stated that Commissioner Koehler
guaranteed $100,000 if Boynton Beach would contribute
$50,000. The cost is 1.2 million dollars per mile including
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JULY 5, 1983
drainage, which would amount to $3,000,000. She is asking
the Council to consider contributing $50,000 towards the
design cost to get this rolling. She understands there is
money in revenue sharing and a projected amount froTM the gas
tax. Looking at the practical side of this project, $50,000
is not a lot of money compared to $3,100,000 contributed by
the County to serve all of Boynton Beach. Also, the City
will not have to worry about money for drainage.
Mrs. Zibelli continued with telling about the bad situation
they have to live with where Co-Tran buses and school buses
are on a two lane road and tie everything up. There are
trucks and cars going to and from 1-95 and there will be
more traffic in the future with Motorola. The people of
North Boynton cannot impress on the Council enough for the
need of widening Seacrest Boulevard and the after effect.
In the pre-election interviews with newspapers, each and
every one of the Council members elected answered the
question about upgrading of North Boynton in the affir-
mative. They would like to have the campaign promises
fulfilled.
Mayor Warnke asked if she was in favor of the 4~ gas tax and
Mrs. Zibelli replied that she is in favor of a 2~ tax which
would be $1 per month for the average driver. Mayor Warnke
clarified that she was not in favor of the 4~ gas tax and
Mrs. Zibelli replied that she is able to pay, but if the 2~
tax is put through and we put our $50,000 to it, it will
guarantee we will get Seacrest Boulevard. She continued
that it will cost the County $3,100,000. If the study costs
less, we will be asked to contribute 1/3 of the lesser
amount.
Mayor Warnke stated a public hearing was held this morning
on improving Seacrest Boulevard as well as other roads and
Mrs. Zibelli replied that she could not attend, but from
what she understands from television, she does not think the
people understand that the 2~ tax would only be $1 per
month. Mayor Warnke informed her that it must be 4~ for
this road. Councilman Cassandra clarified that Mrs. Zibelli
has made a request and what she thinks of the 4~ tax has
nothing to do with it.
Councilman deLong referred to having been after this
widening and drainage of Seacrest Boulevard for years and
stated we started in 1976 and got the south end finished.
The City Council already started on the north end. It was
delayed because the County did not have ownership and
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JULY 5, 1983
responsibility until 1982 according to the State
Legislature. We appreciate all the support the people on
the north end are giving us. He thinks the people should
storm the County Commission meeting. Mrs. Zibelli advised
that they have been doing that.
Councilman deLong continued that insofar as giving people
bad habits and having municipalities contribute to something
they have the sole responsibility for is opening a can of
worms. He explained how this road was put under County
jurisdiction by the State.
Mrs. Zibelli referred to the City having control of Seacrest
Boulevard for many years and stressed the fact that 1.2
million dollars per mile included drainage, so it would save
the City a tremendous amount of money. Mr. deLong replied
that this would not be saving the City any money as drainage
is the County's responsibility also.
Councilman deLong stated that he has not seen anything where
the County Commission voted on this. Mrs. Zibelli informed
him that it was a guarantee from three commissioners. Mr.
deLong stated that once we start contributing to any other
government agency having a responsibility, we are opening a
can of worms.
Mayor Warnke referred to being a member of the Metropolitan
Planning Organization, which is primarily concerned with
transportation in the County, and stated he has pushed the
improvement of Seacrest Boulevard. According to the way
things are developing, everything is in the north end of the
County. It is a County road and he doesn't feel we can
contribute financially at this point. Mr. deLong agreed
that we should prevail upon the County Commissioners to do
this. Also, money can be saved by doing the study in-house.
Mr. Zimmerman added that some of the County Commissioners
are on record saying they have the expertise in-house to
draw up the plans. If it is done in-house, the $150,000
won't be needed and it can be used for something else. We
have a lot of streets needing repair in the City.
Mrs. Zibelli informed the Council that she talked to
Commissioner Koehler this morning and asked what the
$150,000 was for and was told that he had not been able to
find out whether it was in-house or a contractual figure.
If it is done in-house, it would be 1/3.
Vice Mayor Zimmerman referred to the County trying to get
something extra out of the City and Mrs. Zibelli replied
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JULY 5, 1983
that the people cannot live with the present situation on
Seacrest Boulevard. Mr. Zimmerman clarified that he is not
against the road being built and thinks it will be built,
but does not think we should add money to it. It is the
County's responsibility and they should assume it. Mrs.
Zibelli remarked that if the money does not get into this
year's budget, we are in for a long wait.
Councilman Wright referred to calling a meeting in April
because the residents wanted something done with Seacrest
Boulevard and stated it had been the City's responsibility,
but nothing was done. Now the County wants us to give
assistance. He thinks we should do our fair share. We have
been able to find money for other things and he thinks we
should find the money for this.
Councilman deLong suggested that the Mayor push this as a
member in the Metropolitan Planning Organization and Mayor
Warnke replied that he has already done this. Councilman
deLong commented that he thinks it would be foolhardy for
this Council to start contributing toward the responsibility
of any government agency. Mayor Warnke added that as mem-
bers of the Metropolitan Planning Organization, the mayors
of Delray Beach and Boca Raton are pushing the County to get
more improvements in the south end and Seacrest Boulevard
has been one of the top priorities.
Councilman Cassandra referred to the last meeting when he
suggested some money be put towards 23rd Avenue, which is a
County road and stated that Seacrest Boulevard as well as
other roads in Boynton Beach fall within our boundaries. It
is a road our 'citizens must use. We should be concerned
about the use and improvement. He is not in favor of us
picking up County roads. He would want a guarantee that
Seacrest Boulevard will be put in the budget and it will be
a total $30,000 to $50,000 investment on the City's part and
we won't have to put money in to build it also. He was
reminded by the City Manager that it might be a good time to
start cooperating with the County. He thinks there should
be some mutual agreement here as the road was under our
control and it was turned over to the County. We should
have a guarantee that an initial investment of $50,000 will
be it. If the gas tax passes, he would like to stipulate
that the money is used for Seacrest Boulevard.
Councilman Wright asked if he was saying we should be in a
position to match 1/3 if it is approved by the County and
Mr. Cassandra clarified that they must guarantee it. Mr.
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BOYNTON BEACH, FLORIDA
JULY 5, 1983
deLong added if the County will put that guarantee in
writing, maybe he can prevail upon the Council members to go
along with it. Councilman Wright referred to speaking to
the citizens and stated he feels we must commit to do some
things ourselves and we must give them support to get some
things in the City.
Mayor Warnke referred to studies having been done over the
years on Seacrest Boulevard and stated he cannot see where
$150,000 is needed for another study. Everybody knows the
road must be widened. He wants to see Seacrest Boulevard
widened, but doesn't know where $150,000 is needed for a
study.
Councilman deLong stated that we made an effort with the
south end and still will fight for the north end. However,
what guarantees are to be made remain to be seen!
Mr. Benjamin Katz, 2520 N.E. 1st Court, referred to South
Seacrest Boulevard being done and questioned why North
Seacrest Boulevard couldn't be done? If the answer is that
North Seacrest is the County responsibility, that is not
acceptable to the people who live in the area. A large part
of the road lies within the City limits. The County
Commissioners have agreed to contribute $100,000 towards a
design course and it is included in the 83-84 budget. He
urges the City to cooperate with the County and contribute
$50,000 to this design project. He respectfully requests
the City to assume this responsibility and cooperate with
the County.
Mr. Leon Brodkin, 2300 N. E. 1st Lane, referred to having a
personal experience and told about an accident he was
involved in while travelling along Seacrest Boulevard due to
the narrowness and turn in the road. He requests the
Council to do as much as possible to get the County to do
this job and do it right.
Mrs. Gertrude Lubin, 22nd Ave. & 3rd Court, told about the
terrible condition of North Seacrest Boulevard from 12th
Avenue to Hypoluxo Road. She added that it is a lovely
boulevard from the canal south. She thinks the taxpayers in
the north end certainly have some rights. She does not
think one thing has been done on the north end in the nine
years she has lived here. She does not think the Council
members come down that way at all. The trees even look
terrible along North Seacrest Boulevard. People are unable
to sell property in that area. The people in the north end
have been neglected.
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JULY 5, 1983
Mayor Warnke clarified that when he mentioned north and
south ends, he was talking about the whole county with south
being south of Forest Hill Boulevard. Also, he lives a few
blocks from Mrs. Lubin and knows what she is talking about.
Councilman deLong stated that he cannot let it go by that
the north end has been neglected. Since he has been on the
Council, Wilson Center was enlarged three times, a beautiful
ball park was put in, a lot of money was spent on the pool,
10th Avenue is under the process of being widened, new
buildings were put in at the General Services Depot, the
lots between 6th and 8th Avenues were rezoned for additional
housing, etc.
At this time, Mayor Warnke acknowledged the presence of
former Mayor Trauger and announced a publiC hearing is sche-
duled for 8:00 P. M. Councilman deLong moved to suspend the
regular order of business and go to the public hearing,
seconded by Councilman Cassandra. Motion carried 5-0.
PUBLIC HEARING - 8:00 P. M.
Rezoning Request by Lee Starkey for Royal Petroleum, Inc.
(Postponed from May 17, 1983 Meeting)
Mr. Cheney informed the Council at the time this was post-
poned, we had a request from Mr. Lee Starkey to withdraw the
petition. We are proceeding with an amendment to the zoning
ordinances which would negate the need for this rezoning
request. It was suggested that he not withdraw it at that
time to see if the City Council adopted the zoning text
amendment. Mr. Starkey is not present, but he previously
requested this rezoning request to be withdrawn.
Councilman deLong moved to grant this request to withdraw
this application, seconded by Councilman Wright. No
discussion. Motion carried 5-0.
Mr. deLong moved to revert to the regular order of business,
seconded by Mr. Wright. Motion carried 5-0.
PUBLIC AUDIENCE (Continued)
Councilman Wright ascertained nobody else wished to speak on
Seacrest Boulevard and stated since we have expressed
interest to the County repeatedly on needed improvements for
Seacrest Boulevard, he moves for us to officially write them
requesting them to act and apprise the City of Boynton Beach
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JULY 5, 1983
what they plan to do regarding appropriating money for
design and then see what we can do to support them.
Councilman deLong added that it would be appropriate to find
out whether they are going to do it in-house. Councilman
Cassandra seconded the motion. Mayor Warnke clarified that
the motion was to officially approach the County Commission
asking them what they intend to do on Seacrest Boulevard and
whether they plan to have a study done by the staff or
contract out. Under discussion, Mr. Cassandra clarified
that we are not requesting the City to grant $50,000, but
are saying if we grant $50,000, what are they going to do.
Mr. deLong stated that he thinks Mr. Wright made the
appropriate motion and does not think any amounts of money
should be mentioned and was not included in the motion.
Mayor Warnke requested Councilman Wright to clarify and Mr.
Wright stated we would like to know from the whole Board of
County Commissioners what they plan to do with Seacrest
Boulevard in terms of design and whether the study is to be
done in-house or by contract. As requeSted, Mrs. Boroni
took a roll call vote on the motion as follows:
Motion carried 5-0.
Vice Mayor Zimmerman - Aye
Councilman Cassandra - Aye
Councilman deLong - Aye
Councilman Wright - Aye
Mayor Warnke - Aye
Councilman Cassandra stated he would like to m~ke a state-
ment since this has cleared the decks and now we are in
agreement to get Seacrest Boulevard. He is very much con-
cerned in what is happening in this Council body as well as
with the citizens of Boynton Beach. He does not want to
impune anyone's character or integrity or imply personal
aspirations. Approximately two Council meetings ago, the
people said to leave the money for this which would not be
spent on bike paths. We do not have a budget for North
Boynton or South, East or West. Our budget is on a priority
need for the entire City. He then read from the "Boynton
Times" where it mentioned asking the City to fund the North
Boynton study and that Councilman Sam Wright was asked to
discuss the $50,000 with his staff. He was not aware that
we had two Councils - one for the north and one for the
south! He feels Councilman Wright is splitting this City
apart. We have one City of Boynton Beach and do not have a
north and south. Any problem is a concern of his for every
part of Boynton Beach. We are not concerned with North,
South, East or West.
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JULY 5, 1983
Councilman Wright replied that he does not understand how
Councilman Cassandra can assume he is representing North
Boynton as he is representing the people. He has offered to
assist all the people. The people have said they want
improvements along Seacrest Boulevard and the youngsters
want a gymnasium in Boynton Beach. He also worked for the
golf course.
Mayor Warnke stated that Councilman Cassandra has risen to a
point of interjecting his opinions into the public audience
and Councilman Wright has responded, and now it will behoove
us to drop this matter.
Councilman deLong requested Councilman Wright to introduce
the Council to his staff and Councilman Wright clarified
that this ~as quoted from Commissioner Koehler and not from
him.
CONSENT AGENDA
Bids
Extension of Anhydrous Ammonia Bid - Utilities
It is the recommendation of the Utilities Director to extend
our present contract with Bower Ammonia & Chemical Company
for another year for our supply of anhydrous ammonia. The
Purchasing Agent concurs that the City's best interest would
be served by extending this contract rather than rebidding
at this time.
Extension of Bulk Pebble Quick Lime Bid - Utilities
It is the recommendation of the Utilities Director to extend
our present contract with Longview Lime for another year for
our supply of bulk pebble quicklime. The Purchasing Agent
concurs that the City's best interest would be served by
extending this contract rather than rebidding at this time.
Approve extending Fuel and Lubricant Bids
(Postponded from June 21, 1983 Meeting)
The Purchasing Agent recommends because there is no specific
and emphatic guarantee but only an implied guarantee from
John D. Behnke, Inc., the City should extend the bid with Gulf.
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JULY 5, 1983
Request fOr Zoning Approval for Alcoholic Beverage License:
Boynton Shell West
301 North Congress Avenue
Boynton Beach, FL
e
Boynton Shell East
1520 S. Federal Highway
Boynton Beach, FL
The Deputy Building Official noted the zoning at both above
locations does permit the sale of beer and wine, package
sales only.
Approve request for use of a construction trailer on the
property site of Arden Park, Lots 40, 41, 42, 43
The Building Department recommends approval for this trailer
to remain on site for approximately one year or until
completion of the proposed building.
Acceptance of Right-of-Way Deed - High Ridge Road
The City Planner requests acceptance of this right-of-way
deed since this dedication completes the City's efforts
directed toward closing the gap that existed in High Ridge
Road between Miner Road and N.W. 22nd Avenue.
Approve cemetery transfer request for Lots 152, 153, 154,
Block M
Franklin A. and Florence N. Young request the approval of
this transfer to Eva Mae Baker and Deloris Carter.
Approval of Bills
See list attached with one addition.
Request for Construction Trailer - N. E. 10th Avenue
This is requested in conjunction with the reconstruction of
N. E. 10th Avenue from Seacrest Blvd. to U. S. 91 submitted
by Nick Franzese, representing Shurly Contracting, Inc.
Councilman deLong moved to approve the Consent Agenda as
presented by the City Manager with the additions that we
were notified of by memo which will become part of the
public record. Councilman Wright seconded the motion. No
discussion. Motion carried 5-0.
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JULY 5, 1983
BIDS
NONE
DEVELOPMENT PLANS
Approve site development plans, submitted by DIC Commercial
Construction Corp., to construct a 20,250 sq. ft.
office/retail building plus ancillary parking and
landscaping (Postponed from June 21, 1983 Meeting)
Mr. Annunziato informed the Council this is a proposal for a
20,250 sq. ft. office/retail building to be located at U. S.
1 and S.E. 28th Circle. It provides for offices on the
second story and retail outlets on th9 first story. It was
reviewed by the technical staff, Planning & Zoning Board and
Community Appearance Board and comes to the City Council
with a positive recommendation. There were some minor
recommendations which the applicant has agreed to comply
with. The Planning & Zoning Board requested a traffic
impact study and this has been submitted. The Planning &
Zoning Board and City Council discussed whether there was
proper or functional access to this property. The traffic
study was reviewed and the staff concurs. This is the
safest alternative for the location of the driveways.
Councilman Cassandra referred to visiting the site and
stated that he noticed the report did not address the con-
dominium directly across the street and the traffic impact
of those cars coming out and the traffic from 28th Circle.
The applicant has changed his plans a few times to comply
with staff requests to take the driveway off the main
thoroughfare. The applicant was also forced to turn the
building around. According to the ordinance, a driveway
would be allowed on Federal Highway 180 feet from the corner
with a 20 ft. wide driveway for two way traffic. However,
the City Manager pointed out we had to be concerned about
the radius for turning. He then explained the traffic flow
in this area and considerations for turning. He is a little
concerned whether we are creating another hazard to people
using this building as proposed or would it be safer to go
to U. S. 1 and turn it around? He is aware of the added
cost factor to the applicant. He is ready to waive the fee
for re-application. The impact is not just on U. S. 1, but
crossing it. Mr. Annunziato informed him that there is a
requirement for a 2~' landscaped area along the north pro-
perty line which eliminates room for the driveway.
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BOYNTON BEACH, FLORIDA
JULY 5, 1983
Councilman deLong referred to a cut being allowed on Federal
Highway and Mr. Cassandra clarified that there have been
variations with someone owning a piece of land not large
enough and the City Engineer can give a variance.
Mayor Warnke asked if the applicant was present and also
questioned who owns the property. Mr. Michael Bende advised
that he owns this property under Michael Properties and he
is a New Jersey resident. Mr. Gene Moore, 639 East Ocean
Avenue, advised that he represents the owner.
Mr. Moore referred to there having been a full review and
they have complied with everything in the ordinances. The
issue of an additional curb cut was addressed and the pro-
fessional people from the City are in total concurrence that
this is not the proper traffic pattern for this development.
The property does have 200 ft. frontage and there is 20 ft.
on the north end, but this would not be a viable access with
no curb cut coming across U. S. 1. He explained how the
traffic could not flow smoothly from such a driveway. He
understands the people behind this property have voiced
opposition, but 28th Circle is a publicly dedicated street
and these people have the right to use it. They incurred
additional expense to have the traffic study made. He does
not know what more his client can do to show they have
complied with the ordinances. They have shown 28th Circle
is the right location. Additional curb cuts would cause a
hazard. In addition, there are statements throughout the
minutes that the State Road Department has the final say and
would not approve a curb cut in this close proximity to this
intersection. Also, a median would be required in the dri-
veway and it could not fit. He requests the Council to
apply the ordinances.
Mr. Moore advised that the traffic engineer is present and
he has concluded this is basically an under-utilized roadway
and can more than accommodate additional traffic from this
development. He feels when they take into consideration the
recommendations from city staff, additional expert advice
which they submitted, and apply the ordinances as they
exist, the City must go by the plan. He thinks 180 feet
does make sense, but cannot practically be applied in this
case.
Mayor Warnke questioned why the stores didn't face
north/south and Mr. Moore informed him the building was
situated to comply with the ordinances; they did have a
couple curb cuts on U. S. 1 and had the building
north/south, but could not comply with the ordinances.
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JULY 5, 1983
Mayor Warnke asked if there would be enough room for fire
lanes and garbage pickup and Mr. Moore replied affirmatively
as everything is complied with now.
Vice Mayor Zimmerman referred to 28th Circle having a
landscaped parkway in the center and asked what would happen
to that and Mr. Moore replied there will be a cut through it
to go in and out. Mr. Annunziato pointed out the median cut
proposed in 28th Circle and advised the applicant will be
required to restore the median to equal or better consistent
with current requirements. Mr. Cassandra referred to there
being sprinklers and electrical lines in the median and Mr.
Moore informed him these will be put back in. Mr. Cassandra
questioned the distance from Federal Highway to the first
cut and Mr. Annunziato replied that he thinks it is about
130 feet. Mr. Moore added that he thinks it will be a mini-
mum stack lane of six cars. Mr. Cassandra commented that it
will be close to the entrance of Los Mangos.
Vice Mayor Zimmerman stated at the last meeting, the owners
and applicant did state they were not opposed to having an
entrance at either place and were pretty much satisfied to
having it on Federal Highway. Mr. Moore replied that he did
not find this statement in the record. It did state they
had changed the plans on various occasions at a great deal
of expense to themselves and would like to have the plan
approved now. The traffic engineer has stated that 28th
Circle is the best and most feasible entrance. They have
paid for this expert advice.
Councilman Wright referred to there being quite a few con-
dominium office buildings throughout the City with a lot of
space not occupied and Mr. MooreJreplied that we have free
American enterprise and it is zoned properly. Mayor Warnke
clarified that the applicant's financial outlook is not our
problem and it is not up to us to decide whether it is to be
profitable° Mr. Bende added that they look for locations to
serve the community, so they can rent locations to serve the
community. There are 700 condominiums within this area and
motels with no drug stores, no cleaners, no deli, etc. They
will try to select the right tenants. Their bank was enthu-
siastic about the location and reserved two bays. In this
area, there are no convenience stores for anyone. He
believes in free enterprise. They are not putting up
another rundown motel of which there are a dozen in that
area. They do not propose a gas station or ice cream stand.
They propose to build a building according to regulations.
They have revised their drawings several times and have
- 15 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JULY 5, 1983
spent more than $50,000 changing the building location. He
is going to pay taxes and the people using the place will
pay taxes. The people have a far distance to go to find a
drug store for their needs. It will cut down on traffic as
the people in Los Mangos can walk to the stores. He was
totally appalled by the tone of their objections. Nobody
can prevent him from using his land as long as he observes
the law and ordinances. He has spent additional money for
outside experts just to find they agree with the City's
experts. Some people get to an age where they just
disapprove ofchange.
Councilman Wright asked if this plan is approved as sub-
mitted, how can the traffic be rectified in that area and
Mr. Annunziato stated if it is approved, the real problem is
the left turn lane from the west approach, the movement out
of Los Mangos northbound. That problem will be compounded
somewhat, but there is no way around it. The only way to
correct it would be with a traffic signal with turning move-
ments. He does not think the Dept. of Transportation would
approve a traffic signal at this location.
Mr. Miles Moss, Professional Engineer, told about his
experience in traffic engineering. Regarding locations of
the driveways, providing service onto 28th Circle would be a
safer access rather than onto U. S. 1. Vehicles on U. S. 1
would expect to find traffic at an intersection and not from
driveways so close to an intersection. People from Los
Mangos could enter this area safely without going onto U. S.
1. He then explained how a commercial development generates
traffic in opposite directions from a residential develop-
ment. In reference to a left turn from 28th Circle, he
explained how this would be safer than coming out of a dri-
veway and cutting over to make a U-turn. Also, the Dept. of
Transportation must meet specific criteria when traffic
signals are warranted and the traffic does not warrant it at
this location.
Mayor Warnke asked at what time of year the study was made
and Mr. Moss replied during the month of June, but he used
projections for peak situations.
Councilman Cassandra asked if there is a higher ratio of
accidents when coming in the same direction of traffic or
when crossing the traffic flow and Mr. Moss explained how it
would be much more hazardous to swerve across lanes of traf-
fic to make a U-turn than to access U. S. 1 from a normal
intersection and make a left turn.
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JULY 5, 1983
Mr. Sam Scheiner, 528 S. E. 27th Terrace, stated he is a
registered architect and resident of Los Mangos and has done
a number of studies like this and thoroughly disagrees with
a number of things stated by Mr. Moss and the comments made.
They are not here to oppose this project, but request a
restudy of the site plan. This site plan is unsafe to the
shoppers and will create an additional dangerous entrance to
Los Mangos. The entrance to Los Mangos at JoAl's is a
dangerous intersection. By adding another one at 28th
Circle, it is wrong and unfair. He requests the Council not
to add to their misfortune.
Mr. Scheiner then stated that he questions the accuracy of
the survey and explained how the width of the paving on 28th
Circle varies.
Mr. Scheiner then stated that the traffic impact review was
taken when approximately 1/3 of the Los Mangos residents
were away for the summer. Colonial Club is directly oppo-
site 28th Circle with 504 units. The traffic report indica-
tes only two trips from Colonial Club during morning hours
will cross Federal Highway and eight trips in the afternoon
and evening. Los Mangos has 188 units and the figure is 14
trips to go into the shopping center. This seems to be
wrong. The majority of the people from Los Mangos travel
north to shopping areas and make the left turn across
Federal Highway. With this plan, people will be coming from
the shopping center turning north with people coming into
the shopping center, plus people trying to get into Colonial
Club. It will be a terrible traffic situation at all times.
Also, this center's sign will be on the southeast corner of
the site which will be 35 feet from the Los Mangos sign,
which will also be confusing. Will they have a Federal
Highway addrgss or 28th Circle? He thinks it is unfair to a
developer to put up a building of this type and have to use
a 28th Circle address when fronting on Federal Highway.
Mr. Scheiner continued that having an entrance and exit on
28th Circle will create dangerous and congesting conditions.
It will be difficult for trucks to make the turn into the
parking area especially if cars are exiting at the same
time. Also, they must travel through the parking area to
get to the building. He explained how garbage trucks would
have difficulty maneuvering. He has noticed similar con-
ditions were created at Yachtsman's Plaza and there is a
curb cut 150 feet from the intersection. He proposes this
plan should be returned for restudy and a curb cut be placed
on Federal Highway with direct access to the fire lane for
- 17 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JULY 5, 1983
emergency vehicles and not go through the parking field as
shown.
Mr. Moore referred to Mr. Scheiner's exception to the survey
and stated the plan is predicated on an accurate survey.
With regard to traffic flow, he submits that these plans
were drawn after many hours of negotiations with the Police
Chief, Fire Chief and Director of Public Services. Nobody
has explained how to get around the 180 ft. requirement.
This is the best plan to use the property as it is zoned and
comply with the ordinances.
Councilman deLong requested legal guidance from the City
Attorney and Mr. Vance stated based upon the presentation
which has been made and the City ordinances, there is no
legal basis for turning down this site plan.
Mr. Scheiner asked why 150 feet was approved at Yachtsman's
Plaza and Mr. Annunziato informed him that the applicant
secured a variance.
Mr. Cheney stated that the City must consider the safest
access point. The property owner owns the corner lot. The
property is on two public streets and the owner has the
right to those public streets. This has been reviewed by
the Police, Fire and Public Works Departments. It would be
a problem for a garbage truck to come out onto Federal
Highway into three lanes of traffic; coming out onto 28th
Circle is a safer situation. If fire trucks have to go
there, they will not have a problem getting a hose to the
building. He explained how Sunshine Square could have a
protected entrance with it being a large parking lot. The
owner has paid money for a corner lot and he has reasonable
rights to use the two public streets.
Mayor Warnke stated that he is sympathetic with the people
in Los Mangos and can see their position. However, we are
in a position where Los Mangos can dispute it if we pass it
and the owner can dispute it if we turn it down. Mr.
Scheiner stated that if it is dangerous to have a curb cut
on 28th Circle, it should not be approved. Mayor Warnke
clarified that as he indicated, he is in agreement with
their position, but we are under an obligation legally
according to the ordinances to approve it.
Mr. Annunziato added that the Building Official has sub-
mitted comments.
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JULY 5, 1983
Councilman Cassandra stated that he gathers by Mr. Moore's
presentation that the applicant is not open to any variance
requirements or getting along with the Los Mangos residents
and Mr. Moore replied this was correct. Mr. Cassandra
stated before making a motion, he would like the record to
show that he would hope Mr. Moore said the applicants are
willing to meet and work with the Los Mangos people since
the owner said he is concerned and wants their business.
Mr. Angelo Pantalone, 2832 S. E. 5th Circle, stated in
reference to shopping, they are not against shopping going
in there. He would just remind the owner that it is only
about a ten minute walk to Sunshine Square and a 20 minute
walk to Gulfstream Shopping Center and not three to four
miles to shopping. There is a convenience store on 23rd
Avenue. They do not have a long distance to go to shopping.
Mayor Warnke stated the only question is the legality of
approving the site plan. Aesthetics, profitability, con-
venience, etc. is not before the Council. Whether we like
it or dislike it, we must abide by City ordinances.
Mayor Warnke then read the following staff comments con-
nected with this plan:
1. Board of Health permit will be required.
2. Overhang on the east and west end of buildings
encroach setbacks.
3. Rear overhang scales to encroach property to the
north.
4. Protective buffer wall requires 2 ft. setback from
the west property line, plan denotes 1 ft.
Councilman Cassandra commented that he feels the applicant
is making a mistake and should deal with the people in Los
Mangos. He does have the highest respect for Mr. Scheiner,
but does not think we can go against our ordinance.
Mr. Cassandra moved to grant this site development plan with
all staff comments based upon our legal advice and based
upon all the advice from City departments and the Technical
Review Board. Councilman Wright seconded the motion. Under
discussion, Mr. Wright remarked that there comes a time when
you are confused about decisions, but he feels we would be
liable if we do not allow this man to do what is planned.
He feels the developer has worked with the City staff. It
seems we will have problems regardless, but he thinks we
should go with the way the City will not be sued. As
requested, Mrs. Boroni then took a roll call vote on the
motion as follows:
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JULY 5, 1983
Councilman Cassandra - Aye
Councilman deLong - No and to qualify
his vote, he
stated that he
does not believe
these people
should walk away
from this without
trying to recon-
cile their differ-
ences with the
people who live
there. He feels
the people have a
legitimate com-
plaint and he is
with the people.
Councilman Wright - Aye
Mayor Warnke - Yes as he cannot
put his heart
against
legalities; he
must go with the
motion legally.
Vice Mayor Zimmerman - No
Motion carried 3-2.
Approve request for retroactive extension of zoning sub-
mitted by Charles McKirahan, Jr., for a 7 acre tract of land
located on the west side of Congress between LWDD Canal #26
and the proposed extension of S.W. Congress Blvd.
Mr. Cheney informed the Council that the recommendation is
this be approved. Councilman deLong so moved, seconded by
Vice Mayor Zimmerman. Under discussion, Councilman
Cassandra asked when the comprehensive plan is going to be
redone and Mr. Annunziato replied that he is planning this
for next year's budget. Motion carried 5-0.
Approve three month extension for filing fee for final plat
approval - Sky Lake Plat No. 2
Mr. deLong moved for approval with the City Engineer's memo
of June 27, 1983, being a matter of public record. Vice
Mayor Zimmerman seconded the motion. No discussion. Motion
carried 5-0.
- 20 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JULY 5, 1983
LEGAL
Ordinances - 2nd Reading - Public Hearing
NONE
Ordinances - 1st Reading
NONE
Resolutions
Proposed Resolution No. 83-QQ - Re: Request approval by the
Palm Beach County School Board for the construction of a new
high school in the City of Boynton Beach
Mr. Vance read proposed Resolution No. 83-QQ by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, REQUESTING AND URGING THAT
THE PALM BEACH COUNTY SCHOOL BOARD APPROVE THE
CONSTRUCTION OF A NEW HIGH SCHOOL LOCATED IN THE CITY
OF BOYNTON BEACH, FLORIDA; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
Councilman deLong moved the adoption of Resolution No.
83-QQ, seconded by Councilman Cassandra. Under discussion,
Councilman Wright commented that he thinks it would be more
meaningful if Councilman deLong would attend one of the
meetings and take this resolution with him. Mrs. Boroni
then took a roll call vote on the motion as follows:
Councilman deLong - Aye
Councilman Wright - Aye
Mayor Warnke - Aye
Vice Mayor !Zimmerman - Aye
Councilman Cassandra - Aye
Motion carried 5-0.
Proposed Resolution No. 83-RR - Re: Approving the Final Plat
for the Replat of Tract "K" Hunters Run
Mr. Vance read proposed Resolution No. 83-RR by title:
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE FINAL PLAT FOR THE REPLAT OF TRACT "K"
HUNTERS RUN OF THE SUMMIT PLAT NO. 1 IN SECTION 6,
TOWNSHIP 46S, RANGE 43E
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JULY 5, 1983
Councilman deLong moved the adoption of proposed Resolution
No. 83-RR, seconded by Councilman Wright. No discussion.
Mrs. Boroni took a roll call vote on the motion as follows:
Motion carried 5-0.
Councilman Wright - Aye
Mayor Warnke - Aye
Vice Mayor Zimmerman - Aye
Councilman Cassandra - Aye
Councilman deLong - Aye
Proposed Resolution No. 83-SS - Re: Replacing Resolution No.
83-MM re: Double Taxation
Mr. Vance read proposed Resolution No. 83-SS by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, IDENTIFYING SERVICES RENDERED
BY PALM BEACH COUNTY WHICH PROVIDE NO REAL AND SUB-
STANTIAL BENEFIT TO PROPERTY OR RESIDENTS WITHIN THE
CITY OF BOYNTON BEACH AND WHICH ARE FINANCED FROM
COUNTYWIDE REVENUES AND AD VALOREM TAXES; PETITIONING
THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY,
FLORIDA, TO DEVELOP APPROPRIATE MECHANISMS TO FINANCE
SUCH SERVICES PURSUANT TO SECTION 125.01(6)(a) and (7)
FLORIDA STATUTES; DIRECTING THE CITY CLERK TO TRANSMIT
A CERTIFIED COPY OF THIS RESOLUTION TO THE BOARD OF
COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
Councilman deLong moved the adoption of proposed Resolution
No. 83-SS, seconded by Councilman Cassandra. No discussion.
Mrs. Boroni took a roll call vote on the motion as follows:
Mayor Warnke - Aye
Vice Mayor Zimmerman - Aye
Councilman Cassandra - Aye
Councilman deLong - Aye
Councilman Wright - Aye
Motion carried 5-0.
Other
Acceptance of Deed for Girl Scout Park
Mayor Warnke referred to it including "open to all residents
of Palm Beach County" and asked if the City Manager was com-
- 22 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JULY 5, 1983
fortable with that and Mr. Cheney replied that he raised the
question in a past memo, but it is a matter of principle.
The recommendation is to accept the deed. Most people in
the County will not be able to find the park. We have not
had County people using the park. It is relatively standard
to include this clause when the County turns over land to an
organization since it originally came out of County funds.
He doesn't think it matters that much. The recommendation
is to accept it with that restriction. He thinks it would
cause more problems and concerns if we fight it over an
issue which is not that important.
Councilman deLong moved to accept the deed, seconded by Vice
Mayor Zimmerman. No discussion. Motion carried 5-0.
License Agreement - Industrial Waste Services
Councilman deLong moved to accept the recommendation of the
City Manager and approve this agreement, seconded by
Councilman Cassandra. Under discussion, Mayor Warnke
questioned what "roll-off container service" is and Mr.
Cheney informed him these are huge bins which roll off flat
bed trucks. These are usually located behind shopping cen-
ters and construction sites. He added that we are trying to
limit these operations in the City because we don't want
them to come in and take away the gravy, but we will give
limited licenses in areas where we are not prepared to
serve. This is just during the construction periOd and not
permanently. Motion carried 5-0.
OLD BUSINESS
New Election Procedures
Councilman Cassandra stated he was hoping the Council mem-
bers would put some time and effort into considering his
suggestions and make recommendations of their own. As they
are probably aware, the County has approved a new election
procedure that the municipalities will follow if they agree.
There are about seven sections which are involved covering
the filing of papers and fee and when you are required to
file these. He sees nothing wrong in following their recom-
mendation in this area. Section 3 recommends the second
Tuesday in March and that is no problem. Section 4 states
when a run-off should be held, Section 5 calls out when an
officer takes his seat, Section 6 does not pertain to us,
Section 7 does not apply, and Section 8 says if we agree to
go along with this, we do not need a referendum to amend our
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JULY 5, 1983
Charter and all that would be required would be an ordi-
nance. He sees nothing wrong if Boynton Beach goes along
with this election law. He would like to recommend that the
Council consider this as our first step in changing our
election laws.
Councilman deLong suggested turning this over to the City
Attorney because there are six items which must be by
referendum and we must be advised whether this would super-
sede House Bill 1020. Mr. Vance replied that it appears
this act would supersede the individual City Charter and
County with respect to election date and related items.
Councilman deLong moved that before making recommendations,
the City Attorney look this over insofar as any conflicts.
Vice Mayor Zimmerman seconded the motion. Under discussion,
Mr. Cassandra advised that this has already been approved
whether we agree or disagree with it. Mr. deLong suggested
that Mr. Cassandra supply the Council members with copies of
changes he feels would be beneficial so we can study them.
Mr. Zimmerman then withdrew his second and Mr. deLong
withdrew his motion.
Councilman Cassandra stated he made a presentation a month
ago about the areas of the primaries, unopposed candidate,
City-wide vs. districting. He asked the Council members to
review these recommendations and now he is being asked to
repeat the same recommendations. Mr. deLong disagreed and
clarified that the Council members just wanted a copy so
they could make a study. Mr. Cassandra commented that it
seemed like he just wanted to put it off another two weeks
and Mr. deLong replied that there isn't an election until
next March.
Councilman Wright stated he would like a workshop meeting
for discussion of this matter. After discussion, it was
agreed to hold a workshop meeting to discuss the election
procedures on Wednesday, July 13, at 7:30 P. M.
NEW BUSINESS
A~nrove West Ocean Avenue Drainage Report - French Drain
Construction (Postponed from June 21, 1983 Meeting)
Mayor Warnke advised that he has had some input on Ocean
Avenue strongly opposed to swales. Councilman Cassandra
stated that he went there on Friday and it rained and it was
very dangerous. He is in agreement with the City Engineer
- 24 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JULY 5, 1983
and City Manager that swales would be the way to go;
however, in this particular area, they have curbs and shrub-
bery.
Mr. Cassandra moved that for this particular area, we go
with the french drain construction as opposed to swales
leaving the citizens with their curbs. Councilman deLong
seconded the motion. Under discussion, Mayor Warnke added
that the people are very much in favor of french drains.
Motion carried 5-0.
Use of funds from Small Business Administration and
Recreational Area Development Program
Mr. Cheney informed the Council that he received a letter
indicating that we have been awarded $11,891 of Small
Business Administration Funds for park and recreational area
development. He suggested a list of possible projects,
which are being considered part of next year's budget. He
suggested that possibly the Federal Highway median might be
one. He received a proposed contract today that we would
have to sign. Having reviewed the contract, he is asking
for two or three priorities. The reason he suggested
Federal Highway is because it relates to the redevelopment
area. People have wanted the main street to look better.
However, the Council may feel other projects are more
appropriate.
Councilman deLong moved to accept the City Manager's recom-
mendation for use of funds from the Small Business
Administration Parks and Recreational Area Development
Program per his memo dated July 5, 1983. Councilman Wright
seconded the motion. Vice Mayor Zimmerman requested that
the second priority be added to be 1-95 and Boynton Beach
Boulevard if the first priority is not accepted and Mr.
deLong agreed to include in his motion. Under discussion,
the various projects were discussed and it was decided the
medians on Federal Highway should be the first priority with
both 1-95 intersections being the second priority.
Councilman Wright referred to needing a crew of three people
and Mr. Cheney disagreed as we will just hire some people
from a contractor to get this installed. According to the
contract, it says the contractor must use as his employees
people currently unemployed and not receiving workmen's com-
pensation and we must work this out. We will do the best we
can. Motion carried 5-0.
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
Dredging by Gulfstream
JULY 5,' 1983
Mayor Warnke referred to distributing a letter from the Army
Corps of Engineers and advised the City of Gulfstream is
going to dredge out nine canals and put all the spoil east
of the Gulfstream Shopping Center as a spoil to provide
better access along the Intracoastal for the residents of
Gulfstream. He just wanted the Council to be aware of this.
There will be a hearing and possibly they may want to make
recommendations. He just brought this to their attention as
a matter of information.
Amtrak Speed on the Seaboard Railroad
Vice Mayor Zimmerman referred to the item of speed being
changed for Amtrak on the Seaboard Railroad being in the
newspapers and advised that it does not come to a head until
July 13 when there is a meeting at the County courthouse.
He thinks it might be appropriate if the Council appointed
someone to attend that meeting. They are recommending the
speed be changed to about 80 mph through the City. Probably
what we have at 35 mph is slow with no grade crossings. We
should know what Amtrak is trying to do.
Mayor Warnke referred to attending an Executive Board
Meeting of the Municipal League this morning and told about
them working towards a bullet train coming down. Officials
took the train at 84 mph. The Municipal League plans t°
pass a resolution requiring any input regarding an increase
in speed that department officials meet with the Municipal
League before any action is taken and secure approval from
the municipalities. It would not affect Boynton Beach too
much. There will be stops in Delray Beach and West Palm
Beach. He does not see how it could reach 80 mph between
Delray Beach and West Palm Beach. The Municipal League will
be on top of it. The current speed limit ranges from 20 to
60 mph. He thinks it can be left with the Municipal League.
Mr. Cheney informed them that officially, we have received a
notice of hearing on July 13 and possibly we should have
someone there. It will be held at three o'clock. Vice
Mayor Zimmerman volunteered to attend and Mayor Warnke ~added
that he may be able to go also. Mr. Zimmerman added that he
thinks some cities have gone on record against the speed.
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JULY 5, 1983
ADMINISTRATIVE
Consider appointing two alternate members to Boynton Beach
Housing Authority (Tabled)
Mr. deLong moved to take this question from the table.
Cassandra seconded and the motion carried 5-0.
Mr.
Mr. deLong moved to open nominations, seconded by Mr.
Wright. Mayor Warnke stated that he talked to the people on
the Housing Authority today and they feel it is not a dead
issue and would like to continue for a couple more months
and find out if they are a viable organization. He then
nominated Sarah Williams and Ben Uleck. Mr. deLong moved
that nominations be closed, seconded by Mr. Cassandra.
Motion carried unanimously appointing Ms. Sarah Williams and
Mr. Ben Uleck as alternate members to the Boynton Beach
Housing Authority.
Mr. deLong requested the City Attorney to look over the
setup because there is some question whether this will be
coming under County jurisdiction and whether we must have a
Housing Authority. Mayor Warnke informed him that the
Housing Au%hority is appointed by the City and Council under
State Statqte. Mr. Cheney added that he did submit a
report. M~. Vance advised that it is a legal entity. Mr.
de~ong asked if we are obligated to have a Housing Authority
~nd Mr. Wright replied that the housing assistance plan is
in force. Mr. Cheney added that we do not have to have one,
but there as role for one. He will submit a copy of his
report again. Mayor Warnke clarified that the question is
whether the Housing Authority should continue and Mr. Cheney
replied there is a role for them. Mayor Warnke stated at
the present time, we will keep it going.
Career Development and Training for City Employees
Vice Mayor Zimmerman moved to accept this report and study
for discussion at the next meeting since it was just
received. Councilman Cassandra seconded the motion. No
discussion. Motion carried 5-0.
Improvement to Public Address System in Civic Center
Mr. Cheney advised this is an opportunity which came along
unexpectedly and we have talked about this for some time.
The report indicates that it is more of a system than we
would probably buy. He will acknowledge that it is somewhat
of a risk, but it is valid with hopefully getting a good
system at a very good price. He thinks we should take
advantage of it. Mr. deLong asked if funds are available
and Mr. Cheney replied affirmatively, out of General Revenue
Sharing.
- 27 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JULY 5, 1983
Mr. deLong moved for the approval of this public address
system at the Civic Center, seconded by Councilman
Cassandra. Under discussion, Mayor Warnke commented that he
did check on some of these prices and this is a good
bargain. Motion carried 5-0.
OTHER
Councilman deLong stated he would like to answer Councilman
Wright's remark about a gymnasium and stated we did try to
get a gymnasium about 1973 for the fighters, but it was
turned down because they didn't think they could use
taxpayers' funds for fighters to train. It was never built
in that section for that reason.
ADJOURNMENT
Mr. deLong moved to adjourn, seconded by vice Mayor
Zimmerman. Motion carried 5-0 and the meeting was properly
adjourned at 10:25 P. M.
CITY OF BOYNTON BEACH, FLORIDA
- - Mayor
v- ~/jj - ' vice Mayor
_
/ City Clerk / t_ ~ H .~z
f / '~ ~" ~ co~i lman
(Three Tapes)~~~~~
- 28 -
ADMINIS TRAT ION
1
AGENDA
July 5, 1983
e
Approval of Bills:
Allen Insurance Agency
Renewal of Police Professional Liability
Pay from General Fund:
001-211-521-40-46 8,750.00
001-000-223-09-00 26,250.00
Alsa¥-Pippin Corp.
Wells 17-22 - Part A - Wells for period 5/21/83 to
6/20/83.
Pay from Utility General Fund---403-000-169-01-00
Apple Computer Inc.
Extended .?Apple IIe Starter System & accessories
Pay from Federal Revenue Sharing---320-121-512-60-7B
Council approved 3/15/83
Barker Uniforms
450 T-Shirts (Uniforms)
pay from Water & Sewer Rev.---401-395-539-30-97
Better Business Forms, Inc.
45 Boxes Stock Paper for Data Processing-
Pay from General Fund---001-133-513-30-12
Calqon Cor.poration
12 (465 lb. drums) %1-675 for Water Treatment Plant
Pay from Water & Sewer Rev.---401-332-533-30-65
Geraqhty & Miller, Inc.
For work on Boynton Beach Water-Supply Wells
Pay from Utility General Fund---403-000-169-01-00
Gulfstream Lumber Company
Invoices for Bldg. Maint. and Various Dept's.
Pay from General Fund, Federal Revenue Sharing &
Boynton Beach Memorial Park
35,000.(0
102,697. 7
2,206.
1,530.~3
1,037.9
5,580.0
6,331.6
1,908.5
-2-
$ 2,939.
10.
Kruse, O'Connor & Ling~ Inc.
Services to Police Pension Fund
Pay from Police Pension Fund---612-138-513-20-29
2,383.t
11.
MicroAge Computer Store
Micro-computer Hardware
Pay from Federal Revenue Sharing---320-121-512-60-7B
Council approved 3/15/83
3,000.
12.
Theodore M. Morgan
Appraisal Services Rendered - Parcels ~112 & ~113
Sam Brown Jr's. Hypoluxo Subdivision, Boynton Bch.,F1
Pay from Federal Revenue Sharing---320-722-572-60-36
Council approved 3/15/83
49,784.C
13.
Daniel O'Connell General Contractor, Inc.
Golf Course Club House for period 6/1/83 to 6/30/83
Application ~5 $41,279.00
Golf Cart Storage Bldg. Req. ~2 .... 900.00
Golf Cour~Maint.Bldg. Req. ~1 ..... 7,605.00
Total $49,784.00
Pay from B.B. Rec. Facility Constr. Fund
415-000-169-41-00
1,002.0
Price Plumbing, Inc.
35% Top Out -- Plumbing at Golf Course Maintenance
Building
Pay from B.B. Rec. Facility Constr. Fund
415-000-169-41-00
27,173.81
15.
16.
South Central Regional Wastewater Treatment Board
Construction of Sludge Stabilization and Conditioning
Facility---Lanzo Construction Company
City's Portion (5~) due Regional Board
Pay from Utility General Fund---403-000-169-11-00
175 Cases Copy Saver Paper for Purchasing Dept.
Pay from General Fund---001-000-141-01-00
Best of eight quotes
$1,366.30
1,.406.25
$2,772.55
3,866.0(
2,772.55
James W. Vance, P.A.
~rOfessional Services--Bethesda Hospital vs City
.... Voilmer vs City
Total
0
0
17.
18.
19.
20.
21.
22.
-3-
~onHaage & Devlin, Inc.
Monthly payment due July installment for Golf
Course design
Pay from B.B. Rec. Facility Constr. Fund
415-000-169-41-00
Wallace & Tiernan
Grit Chute for Water Treatment Plant
Pay from Water & Sewer Rev.---401-332-533-30-45
Roger Whitle¥ Chevrolet, Inc.
1983 Ton Truck for Parks Dept.
Pay from Federal Revenue Sharing---320-722-572-60-83
State Contract ~070-00-83-1
Isiah Andrews
Driver for Senior Citizens Club 3 wks.
Pay from Federal Revenue Sharing---320-641-564-40-5A
Per Ordinance $73-15, passed 5/15/73
Willie Ruth McGrady
Server for Senior Citizens Club 3 wks.
Pay from Federal Revenue Sharing---320-641-564-40-5A
Per Ordinance ~73-15, passed 5/15/73
CH2M Hill Project No. FC16845.A6
Lab Analysis for Sewer Treatment
Pay from Utility General Fund---403-000-169-11-00
2,800.
1,110.
10,330.C
188.1
1,121.2
The bills described have been approved and verified by the
department heads involved; checked and approved for payment
by the Finance Department.
Grady $. Swann, Finance Director
I therefore recommend payment of these bills.
Peter L. Cheney~, City Manager
ADDITIONS TO
CITY OF BOYNTON BEACH
REGULAR CITY COUNCIL MEETING
AGENDA
July 5, 1983
7:30 P.~
V. CONSENT AGENDA
F. Add to Approval of Bills
1. Myre Fairway Golf Course Construction Co., Inc. $33,964
Go
Approve request for use of an office and storage trailer in
conjunction with the reconstruction of NE 10th Avenue from
Seacrest Blvd. to U.S. ~1 submitted by Nick Franzese,
representing Shurly Contracting, Inc.
ADDITIONAL MATERIAL FOR ITEMS ALREADY LISTED ON THE AGENDA
XII. ADMINISTRATIVE:
B. Career Development and Training for City Employees
87