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Minutes 10-03-84MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, OCTOBER 3, 1984 PRESENT Carl Zimmerman, Mayor Robert Ferrell, Vice Mayor Nick Cassandra, Councilman James R. Warnke, Councilman Samuel L. Wright, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney Mayor Zimmerman called the meeting to order at 7:35 P. M. He recognized the presence an the audience of previous Mayor Marty Trauger. He announced the Invocation will be given by Rev. Nathaniel Robinson, Pastor, Church of God, followed by the Pledge of Allegiance to the Flag led by Mr. James Vance, City Attorney. AGENDA APPROVAL Mayor Zimmerman referred to a supplement being submitted to the agenda and Mr. Cheney agreed a number of items are to be added. He stated under Consent Agenda, he has an additional bill from Allen Insurance Agency for workmen's compensation and a request from Boynton Leisureville to erect temporary signs for their annual fair. Under Legal, there is a pro- posed ordinance relative to amending the 84/85 budget. Under Administrative there is a request to consider $2,500 for an appraisal for land relative to the South Central Regional Treatment & Disposal Plant. He wants to talk about a change in the canine program. Also, a resignation has been submitted by a member of the Firemen's Pension Trust Fund. Also, additional material has been submitted relative to items already on the agenda. Councilman Warnke moved to accept the agenda with the addi- tions as presented by the City Manager, seconded by Councilman Cassandra. Motion carried 5-0. ANNOUNCEMENTS Mayor Zimmerman announced the first City Council meeting in November will be held on Wednesday, November 7, 1984, due to the general election on Tuesday, November 6. Mayor Zimmerman read a proclamation proclaiming October 14, 1984, as Firefighters Memorial Sunday and the week following as Fire Prevention Week. Mayor Zimmerman read a proclamation proclaiming the month of October as National Head Start Awareness Month and presented~ - 1 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1984 Mrs. Lena Rahming with the original proclamation. Mrs. Rahming expressed her appreciation and requested the staff present to stand. Councilman Wright added that Mrs. Sally Costin stood as a member of the staff and he announced that actually she preceded Lena Rahming in the direction of the center and did a marvelous job. They do welcome any support from volunteers. He also clarified they are serving 70 children. Mayor Zimmerman announced the second annual open house will be held by the Boynton Beach Fire Department on October 8 thru 12. He added that specific appointments can be made for large groups to take the tour. Mr. Cheney announced there is a pending application for a development of regional impact on the land north and east of Motorola. A special meeting will be held by the Planning & Zoning Board on October 23 to hear this issue. The City Council will have a special meeting on November 8 to hear this issue. The City Manager announced the City Council will have a spe- cial meeting on October 9 at 11:00 A. M. to receive and award bids for refunding of the golf course issue. Mr. Cheney announced on Thursday, October 25, at 7:30 P. M., the City Council will have a workshop meeting concerning Seacrest Boulevard. The County Engineering Staff will be here to present designs and get input. Mr. Cheney announced there will be an executive session of the City Council at the end of this meeting this evening for the purpose of discussing union negotiations. MINUTES Minutes of Public Hearinq 1984/85 Budget, September 6, 1984 Councilman Cassandra stated he did not receive a copy of these minutes and Mr. Cheney informed him these were distri- buted separately at an earlier date. Vice Mayor Ferrell made a motion to approve the minutes of the September 6 meeting, seconded by Councilman Warnke. Motion carried 4-0 with Councilman Cassandra abstaining. - 2 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1984 Regular City Council Meeting Minutes of September 18, 1984 Councilman Cassandra moved to accept the minutes as pre- sented, seconded by Councilman Wright. Motion carried 5-0. Minutes of Public Hearing 1984/85 Budget, September 24, 1984 Councilman Warnke stated on Page 15, second paragraph, under Budget, he was promoted to Mayor and would like that corrected to Councilman. Councilman Wright moved the adop- tion of the minutes with this noted correction, seconded by Councilman Cassandra. Motion carried 5-0. CITY MANAGER'S REPORT Revenue Sharing Handicapped Regulations - Self-Evaluation Report Mr. Cheney referred to submitting a large report to the Council members and advised this is fulfilling a new requirement of the federal government relative to the receipt of federal revenue funds. He explained the new legislation regarding handicapped. This report has to be submitted by the middle of October to the federal govern- ment. At t~e next City Council meeting, there will be a resolution relative to handicapped issues. He suggests that they review this report and forward any comments or suggestions to him. This is being done to comply with reve- nue sharing regulations. Occupational Licenses Mr. Cheney explained how the amount of an occupational license was based on inventory and this had not been updated correctly. He explained that we are now sending out the licenses and asking for an update on inventory. He added that the Chamber of Commerce is also reviewing this. Train Whistles Mr. Cheney reported that the train whistles on the F.E.C. should have stopped by now. There is still some question whether we have the right sign up or not. He thinks we do have a good sign, but we have not heard from D.O.T. Beach Project Mr. Cheney reported that the north 2/3 or 3/4 of the beach is open. The remaining part is now proceeding. He thinks - 3 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1984 we will find out within a few weeks that we will want to add additional maintenance personnel at the beach. He plans to also recommend increasing the number of times the beach is cleaned. We have been cleaning the beach six times per month, but will recommend cleaning two times per week. He thinks it makes sense with the improved project. Storm Preparation Mr. Cheney referred to recently having a storm scare and told about the buildings being prepared within three hours including the civic center ready for a shelter. The planning paid off. Councilman Cassandra commended the city staff for doing an excellent job. Dogs in the Northeast Area Mr. Cheney referred to the complaints of dogs in the northeast section running loose and stated he understands we have caught one dog this week. He told about people feeding these dogs and the problem was having them encouraged. We have a trap and are trying to catch the second dog. It was reported to him that once the dog got in the shelter, he was a friendly dog. PUBLIC AUDIENCE Revenue Sharing Funds Mrs. Wilda Searcy, 402 N. Eo 13th Avenue, first thanked the City Manager for his report and stated she was glad to hear the report about federal monies coming to Boynton Beach. Councilman Wright informed her that we have been getting revenue sharing monies for years and this report is required because of new regulations. Sidewalks and Cleanup Mrs. Searcy stated she has driven in all the Councilmen's neighborhoods and didn't see sidewalks, but it is cleaned up. She hopes from 9th Avenue to the canal from 1-95 to U. S. 1 gets cleaned up. She talked to Mr. Walke and Mr. Howell about enforcing the laws in the community. Today, the trash was picked up and just a little while later, there is trash piled there again. The city must have the absentee landlords keep their lots clean. She got a letter from Senator Childers and he is coming to look at this. The - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1984 other areas all look good, except this little ghetto where she lives. Mrs. Searcy continued that she has a petition with 178 names after talking to people in the community and they want sidewalks. Mayor Zimmerman asked if they are willing to pay for them and Mrs. Searcy replied that CD money can be used for that and the people want better. Councilman Wright told about the priority being 10th Avenue and Mrs. Searcy replied that they are not satisfied with one street, but the whole community should be taken care of. Mrs. Searcy then told about a house being built next to her with no landscaping and Mr. Cheney informed her that landscaping is not required on single family homes. Mrs. Searcy referred to there being enforcement in other com- munities and Mr. Cheney explained how single family homes were in a separate category. He added the law would have to be amended to require landscaping on single family homes. Mrs. Searcy stated this should be on the books. Councilman Warnke advised that at the present time, the Community Appearance Board is having workshops to revise the landscaping codes and he suggests that she bring her thoughts to the Community Appearance Board. Mayor Zimmerman added if an ordinance is paSsed in this regard, it would be applied all over the city and take a lot of enforcement with additional personnel. Request to Close Ocean Drive in Leisureville Mrs. Vickie Mills, 912 Ocean Drive, Leisureville, told about increased traffic and cars travelling fast along Ocean Drive. She added when 8th Street is open to Woolbright Road, the traffic will increase even more. She explained how this was a hazard for the elderly people living in this area. They are asking to have the east end of Ocean Drive including the cul-de-sac closed. Mr. Anthony Charles Gariano, 1202 S.W. 22nd Street, referred to vandalism increasing in Leisureville and told about pri- vate citizens patrolling. He told about the residents having to walk for their health and how the speeding traffic was a real hazard. He pointed out that Ocean Drive is only 2/10 of a mile from Leisureville Boulevard and stated the Ocean Drive entrance is not needed for emergency vehicles. Four hundred people have signed a petition making this request to have Ocean Drive closed and he requests the Council to give it consideration. - 5 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1984 Councilman Cassandra agreed with the comments expressed by both Leisureville residents and stated he thinks it would be good consideration if this City would consider these people and close that particular portion of the road. He thinks we should give strong consideration to the senior citizens in Leisureville and their health and concerns for traffic increasing. Mr. Gariano further commented about the plight of the Leisureville residents and requested if the entrances are not needed, they should be closed. Mayor Zimmerman asked if there were other entrances which~should be closed and Mr. Gariano clarified that he was not asking for others, but the Council should give them all consideration. Councilman Cassandra asked if it was legal to make a motion as far as closing the end of this street and Mr. Vance suggested that the matter be reviewed by the city staff. He added it is difficult to close a dedicated street if one individual on the street wants it open. Councilman Cassandra moved to have the city staff investi- gate this request from the citizens of Leisureville to close Ocean Drive at the east end at 8th Street and if possible have a report submitted with staff recommendations at the next Council meeting. Vice Mayor Ferrei1 seconded and requested that legal information also be included. Under discussion, Councilman Wright suggested possibly the staff should take a look at all the entrances. Councilman Warnke stated that he does not think it is feasible to close off any street which has been dedicated and used by the general public unless the entire general public requests it as opposed to a few residents. He appreciates their problem, but a better solution may be more police surveillance. Councilman Wright referred to this being done in other areas and Councilman Cassandra replied that this is a request for a ' particular street and it should be looked into and a suggestion ~ade one way or another and if other communities have requests, they can be investigated. Vice Mayor Ferrell told about the record of burglaries increasing in an area where the s~reet was closed. Mayor Zimmerman clarified that the motion Was to have the staff look into it and bring back a report. Motion carried 4-1 with Councilman Warnke dissenting. - 6 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1984 Cleanup of Lots Mrs. Jenkins, 711 N. W. 1st Street, stated she has made many requests to the City Manager's office and has received no consideration. She appeals to the Council in regard to two overgrown lots in back of her. Mayor Zimmerman asked if she knows who owns these lots and Mrs. Jenkins replied negati- vely and stressed that she needs something done. She did go to the court house and found out that the man who owns the place does not live in Boynton Beach. She cannot get to her clothes line because of the overgrowth. She wrote to the appraiser's office and was told the Housing Authority is doing something. She talked to Councilman Wright and Mrs. Skinner. Mrs. Moore did come out, but could only take care of some things. Mayor Zimmerman asked if anyone knew anything about this. Mr. Cheney stated that one of the problems Mrs. Jenkins has is there is an alley along the side of her lot which Florida Power & Light has an easement on. Secondly, we have responded because Mrs. Moore has been there often. However, some issues between two property owners are civil matters. He explained there are limits to how much the city can get involved between two property owners and he will give a report at the next City Council meeting. He doesn't believe his office has ignored the situation. Mayor Zimmerman stated that we have a number of code inspec- tors and if there are violations, the owner will be cited. After further discussion, Councilman Wright moved to follow through and get a report back on what the city staff can do about this. Mayor Zimmerman advised a motion is not needed since Mr. Cheney said he would get a report for the next Council meeting in order for a decision to be made. Train Whistles Mr. Philip Fisher, 35 Crossings Circle, referred to the city being vulnerable to a law suit with not allowing the trains to blow the whistles during the night and Mr. Vance explained during the last session of the legislature, the state statute was amended to provide for the silencing of whistles at guarded crossings with automatic gates. He added that pursuant to that state statute, a number of cities along the east coast have adopted ordinances relying upon that state statute requiring whistles to be silenced at guarded crossings only for that time period. Mr. Fisher explained further his concern. - 7 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1984 CONSENT AGENDA A. Bids NONE B. Resolutions NONE C. Approve Banana Boat Christmas Display The Banana Boat has requested approval to construct a Christmas display, the same as the one approved last year, and the City Manager recommends approval. De Approve request for zoning approval for alcoholic beverage license: Shooter's of Boynton Beach, Inc. (formerly LaNotte) 2280 N. Federal Highway The Deputy Building Official notes zoning for the above address permits the sale of beer, wine and liquor for con- sumption on premises in connection with a duly licensed 150 seat restaurant. Approve request for refund on cemetery Lots 124A & B, Block N James A. & Mary C. Mitchell have requested this refund. Fe Approve Mr. William Bobadilla, Project Mgr. for Harrison Construction Managers, request for City Council per- mission for the placement of approximately eight (8) office and storage trailers in a fenced in compound during ~onstruction of the Lord and Taylor Store, Boynton Beach Mall. In accordance with Chapter 25, Section 25.7 of the City of Boynton Bea6h Codes of Ordinance, the Building Department recommends ~pproval. Lord & Taylor construction is to be completed o~ or abOut the first week of July 1985, at which time most o~ the trailers Will be removed with the exception of one office trailer which will remain until final comple- tion in OctOber 1985. - 8 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1984 G. Approve Change Order No. 3, R & A Project No. 00630-G (626-681-64) NE Area Water Main This change order was submitted with a letter dated September 4, 1984, from Madsen/Barr Corporation detailing the necessity of increasing the amount of subject contract by $5,369.44. Approve Change Order No. 2, R & A Project No. 00625-G San Castle/St. Andrews Part C Documents were forwarded from Solo Construction Company in reference to this request with approval recommended by Russell & Axon and the Utilities Director. Approve request from Golf View Harbour Homeowners Association to erect a temporary sign for their annual bazaar This request is to erect the same signs for their November 10 bazaar and they will be removed the day after the bazaar. Approve Authorization for Professional Services - Russell & Axon Water & Sewer Service to "Windward" Subdivision formerly "White Feather" PUD The City Manager submitted a memo noting this is totally funded by the developer. K. Approval of Bills See list attached with addition from Allen Insurance Agency for Workmen's Compensation in the amount of $53,538. ne Approve request from Boynton Leisureville to erect temporary signs for their annual fair A request has been received to put up four signs announcing their annual fair and these will be removed November 12. Councilman Cassandra referred to Item H and qUestioned if the total contract amount is to be adjusted to $239,905.98 or $139,905.98 and Mr. Jim Sudarth from Russell & Axon advised the correct amount is $139,905.98 to agree with the change order and the letter contained a typographical error. Councilman Cassandra moved to accept Consent Agenda Items A, B, C, D, E, F, G, H with the corrected numerical value of - 9 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1984 $139,905.98, I, J, K with the additional bill from Allen Insurance Agency, and L. Councilman Warnke seconded the motion. Motion carried 5-0. BIDS NONE PUBLIC HEARING NONE DEVELOPMENT PLANS NONE LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 84-39 - Re: Firemen's Relief & Pension Trust Fund Mr. Vance read proposed Ordinance No. 84-39 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18. PENSIONS AND RETIREMENT, ARTICLE IV. PENSIONS FOR FIREMEN, TO ADD A NEW SECTION 18-180.1. TO DEFINE THE EARLY RETIREMENT BENEFIT CALCULATIONS FOR THE FIREMEN'S RELIEF AND PENSION TRUST FUND; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 18, ARTICLE IV, SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; AND FOR OTHER PURPOSES. Mayor Zimmerman asked if anyone wished to speak in favor of this ordinance and received no response. He asked if anyone was opposed and received no response. Councilman Warnke moved that proposed Ordinance No. 84-39 be adopted on second and final reading, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman Warnke - Aye - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1984 Motion carried 5-0. Councilman Wright Mayor Zimmerman Vice Mayor Ferrell - Aye - Aye - Aye Ordinances - 1st Readinq Proposed Ordinance No. 84-40 - Re: Amend future land element 700 Block of North Seacrest Blvd. Mr. Vance read proposed Ordinance No. 84-40 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING 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 HIGH-DENSITY RESIDENTIAL TO LOCAL RETAIL COMMERCIAL; AMENDING ANY MAPS ADOPTED IN ACCORDANCE WITH THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman Wright moved adoption of Ordinance No. 84-40 on first reading only, seconded by Vice Mayor Ferrell. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Warnke - Aye Councilman Wright - Aye Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Motion carried 5-0. Proposed Ordinance No. 84-41 - Re: Rezone a .52 acre parcel from R-3 Multiple-family Residential to C-2 Neighborhood Commercial at 700 Block of North Seacrest Blvd. Mr. Vance read proposed Ordinance No. 84-41 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID - 11 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1984 CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, FROM R-3 (MULTIPLE-FAMILY DWELLING DISTRICT) TO C-2 (NEIGHBORHOOD COMMERCIAL DISTRICT), SAID PARCEL BEING 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. Vice Mayor Ferrell made a motion to adopt this ordinance on first reading, seconded by Councilman Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Wright - Aye Mayor Zi~merman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Motion carried 5-0. Proposed Ordinance No. 84-42 - Re: Change zoning classifica- tion from R-1AAA Single Family Residential to R-1AA Single Family Residential - N.W. 7th Court extended at Miner Road extended Mr. Vance read proposed Ordinance No. 84-42 by title: AN ORDI] BEACH, ] CITY BY CITY OF (SINGLE- (SINGLE- MORE PA! ZONING ~ SEVERAB~ OTHER P1 ~NCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON ~LORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID REZONING A CERTAIN PARCEL OF LAND WITHIN THE BOYNTON BEACH, FLORIDA, FROM R-1AAA · FAMILY RESIDENTIAL DISTRICT) TO R-1AA · FAMILY RESIDENTAL DISTRICT), SAID PARCEL BEING [TICULARLY DESCRIBED HEREIN; AMENDING THE REVISED [AP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A 2LITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR ;RPOSES. Vice MaYor Ferrell made a motion to adopt Ordinance No. 84-42 on first reading only, seconded by Councilman Wright. Under discussion, Councilman Warnke stated he is going to still stand~by his original thoughts on this and cannot see reducing one of the best residential areas from R-1AAA to R-1AA for the benefit of the developer. Mrs. Boroni then took a roll,call vOte on the motion as follows: - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1984 Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Nay Councilman Wright - Aye Motion carried 4-1. Proposed Ordinance No. 84-43 - Re: Adopting 1984/85 Budget Mr. Vance read proposed Ordinance No. 84-43 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 84-38 BY PROVIDING FOR ADJUSTMENTS OF THE GENERAL FUND, THE WATER AND SEWER UTILITY FUND, AND THE GOLF COURSE FUND, AND ESTABLISHING A SANITATION ENTERPRISE FUND, AND VEHICLE SERVICE FUND, AND PROVIDING FOR THE CLOSING OF THE SANITATION CAPITAL REPLACEMENT FUND; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Councilman Cassandra stated that he has questions which he will ask the City Manager regarding implementation, but will not hold up the first reading. Mr. Cheney referred to sub- mitting backup information and explained this is consistent with previous discussions and does not amend the bottom line of the budget, but is simply re-allocating for better accounting of the budget in the future. Vice Mayor Ferrell made a motion to adopt this ordinance on firstreading,' seconded by Councilman Warnke. Mrs. Boroni took a roll call vote on the motion as follows: Motion carried 5-0. Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Councilman Wright - Aye Mayor Zimmerman - Aye Resolutions NONE - 13 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA Other OCTOBER 3, 1984 Renewal of Congress Middle Community School Contract Mr. Vance informed the Council this is a standard form approval and just renews the previously existing agreement. Councilman Warnke moved to renew the Congress Middle School contract, seconded by Vice Mayor Ferrell. No discussion. Motion carried 5-0. OLD BUSINESS Approve Authorization for Professional Services - Seacrest/Boynton Canal Water Main Crossing Report (Tabled) Councilman Warnke moved to take this off the table, seconded by Councilman Wright. Motion carried 5-0. Councilman Warnke stated it was originally proposed that we advance up to $3,500 to Russell & Axon to do an inspection and submit a report. It was unknown to Mr. Cessna that the gas company had replaced all the hangers, straps, etc. The work had been done at a total cost to the gas company of $1,200. It has been completed. Mr. Cheney added that this will come up again when Seacrest Boulevard is widened and the pipe will have to be relocated. Report by Charles Frederick - Safety Rope at Municipal Beach Mr. Cheney read Mr. Frederick's report dated September 20, 1984. He also read the comments from the other cities. He concluded that we have discuSsed this many times. He doesn't know when the ropes were first installed, but it was an unanimous conclusion that we are buying a liability and it was recommended not doing it. Vice Mayor Ferrell referred to the alternate of a short rope suggested and Mr. Frederick advised we have never tried a short rope and there is some concern whether we can provide the proper anchor at the short distance. It can be pro- vided if the Council desires. Mr. George EVans, Lifeguard Captain, told about the ropes having proven to be a liability. A short line could be tried to help senior citizens to get in and out of the water. Councilman Warnke referred to the anchor for a short rope being a hazard and Mr. Evans agreed and added that the chain is also a hazard and three sets of anchors have been lost during the last five years. - 14 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1984 Councilman Warnke referred to the groin on the north end being a hazard and Mr. Evans agreed, but explained that it belongs to the county and accident reports have been for- warded to the county. He added that a sign has been erected. Councilman Wright stated he would like to go with the alter- nate and try it to see if it would help as he doesn't think much expense would be involved. Mr. Cheney replied that expense isn't the real issue, but whether it is a good idea or not. It can be tried. Vice Mayor Ferrell added that he would go along in trying the alternate; but if it does not work, it will have to come out. Mayor Zimmerman stated that a consensus has been given by the Council and a motion is not needed. Report on Zoning Violation, 1096 S.W. 27th Avenue - Report to be presented at City Council meeting (Requested by Councilman Nick Cassandra) Councilman Cassandra referred to the City Manager and City Attorney both submitting reports and stated based upon the City Attorney's memo, he advises us to change the code. Mr. Vance clarified that they have reviewed the matter and are still doing additional research. They reached the conclu- sion that'the present wording is useless. He submitted suggested language which he recommends the Council forward to the PlanKing & zoning Board for proper review. Councilman Warnke read the suggested definition: "Family - one or more persons occupying a single housekeeping unit and using common cooking facilities, provided that unless all members are related by blood or marriage, no such family shall contain over five persons." Councilman Cassandra stated there was also the question about the additional kitchen, but the Building Official has said there is no law preventing that. Mr. Cheney stated there is still the question of enforcing with adequate proof and the problem of getting into the home. He lives in this neighborhood and from what he has observed on spot checks, there is no basis to go to court. If the code is amended, the people should not think the problem wil% be solved. Mr. Vance clarified that this language shQuld be enforceable, but there is always the proof problem in this type situation. Councilman Cassandra clarified the first step is to forward the suggested - 15 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1984 language to the Planning & Zoning Board for a recommendation and the step of enforcing would come after the code is written. Councilman Cassandra moved to pass onto the Planning & Zoning Board the suggested correction to the Boynton Beach Code/Zoning/Section 1 on the definition of family. Vice Mayor Ferrell seconded the motion. No discussion. Motion carried 5-0. At this time, Mayor Zimmerman declared a break and then reconvened the meeting at 9:25 P. M. Report on S.E. 23rd Avenue - Sidewalks Mr. Cheney referred to there being a lot of discussion about sidewalks on S. E. 23rd Avenue between Seacrest Boulevard and Federal Highway and explained that it is a county road, but we have agreed to do some drainage work. The sidewalk design has been approved and it is recommended we do it on a 50/50 basis with the county. He explained where the sidewalk could be located. He would like to know if we should proceed with this sidewalk at the cost of $20,000 with the county paying $10,000 or should we request that the county pay all of it? He further explained how this street was under a different situation with it previously belonging to the city and the city did not do a good job on land use controls and setbacks. Councilman Cassandra referred to the county bending for North Seacrest Boulevard and stated he didn't think it would hurt for us to give some on this. He thinks the 2~ gas tax funds would have money for this. Mr. Cheney agreed. Discussion followed about how other county roads and sidewalks were handled. Councilman Wright moved to support this, seconded by Vice Mayor Ferrell. No discussion. Motion carried 5-0. Vice Mayor ~errell questioned if there would be a cost to the proPerty Owners for this and Mr. Cheney replied negati- vely and explained this was a major collector street. Discussion qf Capital Improvements Program Mayor Zimme~man suggested discussing the item of funding and Councilman Cassandra replied that he thought more detail was - 16- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1984 going to be given of each capital item on the list. He thinks at that time the amount of monies which could be con- sidered for funding should be discussed. Mr. Cheney agreed each project will be discussed individually. Mr. Cheney thoroughly explained the four alternatives for funding and stated this was submitted for discussion pur- poses. Councilman Cassandra asked if there were statistics of what the average homeowner would pay if the utility service tax is increased and Mr. Cheney replied this could be calcu- lated. He was then informed it would be about $3 per month on the average electric bill. Mr. Cheney then summarized some pros and cons of the various financing alternatives. Councilman Cassandra asked if it would be advantageous for the Council to give a list of priority projects and Councilman Warnke suggested that a workshop meeting be held. Mr. Cheney ~greed and suggested that it be held at the beginning of November. Mr. Cheney questioned the time needed for getting something on the ballot for referendum and Mr. Vance stated at least eight weeks was needed with adopting ordinances. NEW BUSINESS Special Assessment District - Canal Maintenanc~ (Tabled) Mr. Vance requested this to be left on the table. ADMINISTRATIVE Consider proposal to increase Mayor and City Council Compensation (Tabled) Mr. Cheney distributed a report comparing the salaries of other citieS. Vice Mayor Ferrell moved to take this from the table, seconded by Councilman Warnke. Motion carried 5-0. Vice Mayor Ferrell commented that he knows Mr Warnke made the recommehdation of $100 per month increase~ which he does not feel is out of line. He thinks $4,800 per year which is - 17 - i! REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1984 being used in Delray Beach is not out of line. We are tied for last place with Lake Worth. Councilman Cassandra pointed out that Delray Beach only gets $1,800 per year for expenses and we get $3,000. Councilman Cassandra asked if this had to go to referendum and Mr. Vance replied that it could be done by ordinance. Councilman Warnke referred to the amount of time put in by the Council on a daily basis and Mayor Zimmerman questioned if enough was included in the salary adjustment figure for this increase. Mr. Cheney explained that he didn't know at this time, plus the amount would have to be covered for five people. Councilman Warnke moved to ask the City Attorney to draft an ordinance for first reading increasing the salary for the Boynton Beach City Council by $100 per month with the effec- tive date being ten days after second reading. Mr. Vance asked if expenses would remain the same and Councilman Cassandra replied affirmatively. Vice Mayor Ferrell seconded the motion. Motion carried 5-0. Consider request from Veterans of Foreign Wars Post 5335 dated July 2, 1984 Mayor Zimmerman ascertained the representative had left. Authorize $2,500 for appraisal of land to match Delray Beach - South Central Regional Treatment and Disposal Board Mr. Cheney informed the Council that the City Attorney received a call indicating that Delray Beach authorized $2,500 so there could be one additional appraisal of the land relative to make the land swap and requested we do the same. Councilman Cassandra stated he would like to know more about this and Mr. Vance advised the attorney for the Regional Board ruled because the title was held by the two cities jointly, the Regional Board could not pay the cost for the appraisal. Councilman Wright asked if staff had given a recommendation and Mr. Vance replied if the cities are considering a swap, we must know the appraisal of the land we own. Councilman Cassandra suggested that the Board be contacted and Mayor Zimmerman r~plied this is not owned by the Board, but by the two cities. Councilman Warnke stated this should be - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1984 discussed by the Board first and if we have a viable offer for a land swap, then an appraisal should be obtained to see if it is an equal situation. Councilman Cassandra requested a recommendation from Mr. Cheney and Mr. Cheney stated if there is to be a land swap, we must have an appraisal. The Council must decide whether to approve this or request it be discussed by the Board first. Councilman Cassandra asked if it could be approved subject to discussion by the Board and Councilman Warnke stated he thinks the Board should have a viable offer first. After further discussion, Vice Mayor Ferrell moved to table this until we can have a meeting of the South Central Regional Treatment & Disposal Board. Councilman Warnke seconded the motion and it carried 5-0. Discuss K-9 Program - Animal Acquisition Mr. Cheney stated in the past, we have been lucky in getting dogs donated to us, but then told about some problems. We are going to proceed with acquiring through our canine trainer two dogs from Germany. They will be sold at a fixed price and guaranteed. Funds are in the budget, but because of not taking dogs donated locally, he wanted the Council to be aware of this. Councilman Wright questioned how much additional and Mr. Cheney replied $1,000 for each dog. Capt. Hillery explained the training of the dogs. Accept resignation from Lester W. Ackley - Firemen's Pension Trust Fund Councilman Warnke moved to accept this resignation and send a letter, seconded by Councilman Cassandra. Motion carried 5-0. ADJOURNMENT Councilman Cassandra moved to adjourn. The motion was seconded and carried 5-0 and the meeting properly adjourned at 10:00 P. M. - 19 - C REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1984 ATTEST: CITY OF BOYNTON BEACH, FLORIDA [ ~/~~~~ayor yf ~ Councilman Councilman City Clerk Record~i~g ' f~cretary Three Tapes) - 20 - AGENDA October 2, 1984 CONSENT AGENDA - ADMINISTRATIVE Approval of Bills: Advanced Fabricators,~ Inc. Repainting of Fire Truck per bid specifications. Pay from 1983/84 Budget---320-221-522-60-89 Per bid 2/21/84, Council approved 3/6/84 7,800.00 Allied Universal Chlorine for Water Treatment Pay from 1983/84 Budget---401-332-533-30-63 2,162.09 Club Car, Inc. September Lease of 30 Golf Carts and Maintenance Pay from 1983/84 Budget---411-726-572-60-8F $2218.50 411-~26-572-30-45 11.88 2230.38 2,230.38 e Davis Water & Waste Industries Odophos Liquid No. 1 for Sewage Pumping Pay from 1983/84 Budget---401-352-535-30-65 9,400.00 Delta Petroleum & Industrial Inc. For 10,000 Gallon Underground Fuel Storage Tank, installed and removal of present 3,000 Gallon Storage Tank per bid specification. Pay from 1983/84 Budget---320-211-521-60-42 Per bid 5/7/84, Council approved 6/5/84 13,256.00 Ernst & Whinney Professional service regarding 9/30/84 Audit Pay from New Budget---001-131-513-40-66 $3260.00 ........ ---401-393-539-40-66 2890.00 6150.00 6,150.00 e Fairchild-Lowell Corporation 30 Railroad Crossing Signs Pay from 1983/84 Budget---001-411-541-30-48 1,213.25 N.M. Industries 3 Demountable ~nkBeds for Fire Dept. Pay from 1983/84 Budget---320-221-522-60-71 1,037.46 10. 11. 12. 13. -2- S.I. Lime Company Lime for Water Treatment Pay from 1983/84 Budget---401-332-533-30-65 Edward D. Stone, Jr. & Associates, P.A. Public Beach Renovation Project/Consultant Services Pay from B.B. R~,c. & Mun. Beach Imp. Fund: 303-000-169-33-00 Pay from 1983/84 Funds~- Edward D. Stone, Jr. & Associates P.A. Boynton Beach Boat Club Park Project/Consultant Services Pay from 1983/84 ~u~s-~---001-000-115-88-00 R. J. Sullivan CorD.Est. ~12 Final San Castle/St. Andrews Part A for period 7/31/84 to 9/17/84. Pay from 1983/84 Budget---404-000-169-11-00 Madsen/Barr Corporation Est. ~9 N.E. Area Water Main for period 7/21/84 to 9/20/84 Pay from ~8~/84 Budget---404~000-169-01-00 $ 11,904.82 19,412.05 42,782.66 10,622.18 28,720.26 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Grady W. nce Director I therefore recommend payment of these bills.