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Minutes 08-07-84MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, AUGUST 7, 1984 PRES ENT Carl Zimmerman, Mayor Robert Ferrell, Vice Mayor Nick Cassandra, Councilman James R. Warnke, Councilman Samuel L. Wright, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney Mayor Zimmerman called the meeting to order at 7:30 P. M. He announced we will begin the meeting this evening with the invocation given by Rev. John Block, St. Marks Catholic Church, and he requested everyone to remain standing for the Pledge of Allegiance to the Flag led by Vice Mayor Robert Ferrell. AGENDA APPROVAL Mr. Cheney requested the item applying for conditional use for a day care center under Public Hearing be deleted since the applicant has requested it to be withdrawn and will come back at a later time for reconsideration. He would also like to delete the item under Announcements because Mr. Garvin cannot be here this evening. He would like to-add one bill, which is a monthly bill, to the South Central Regional Wastewater Treatment & Disposal Board in the amount of $75,364.15. councilman Warnke stated he would like to delete under Legal, Item D-3, Code Enforcement Board Minimum Fine, which he requested, because he has received more input from the Codes Enforcement Board and thinks it is ~remature.* *Corrected~ see minutes 8f21/84 Mayor Zimmerman stated he would like to add under Other - Alternate Members of Various Boards and Bike Paths or Walkways on S.E. 23rd Avenue for discussion, if we have the time. Also, we have a request from the Town of Hypoluxo to move their request to earlier in the agenda and he suggests this be moved under Public Audience as the last item as a convenience to our neighboring officials who are present tonight. Councilman Wright moved adoption of the agenda with the noted additions and deletions. Vice Mayor Ferrell seconded and the motion carried 5-0. ANNOUNCEMENTS Mr. Cheney announced on Thursday evening, the Board of County Commissioners will be here to hold a public infor- - 1 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 mation meeting on the proposed new county charter. It will be held in the Council Chambers and be open to everyone to give testimony and ask questions. This would be the appropriate time for people to come out and understand what the proposals are at the county level. It will be important to know what the county is doing and what the charter is as it has a major impact on us. MINUTES Regular City Council Meeting Minutes of July 17, 1984 Councilman Cassandra moved to accept the minutes as pre- sented, seconded by Councilman Warnke. Motion carried 5-0. CITY MANAGER'S REPORT Golf Course Mr. Cheney reported that last Sunday, we had the first day of $2,000 in income. Use is picking up. In total, we have taken in about $75,000 to $80,000 in the two months since opening, which is cash at the door and this is during the light season. Beach Project Mr. Cheney referred to there being some changes and addi- tions listed on the agenda to consider for the beach project and advised this is still moving along. It is looking very nice. Boat Ramp Park Mr. Cheney reported the Boat Ramp Park project is moving along. He expects to have the final approval of the plans on the agenda for the second meeting in September. However, we are going to have to close down the park for the six months during renovation with the heavy construction along the water front. It will be closed down sometime around Thanksgiving for the following six months. He explained this had to be done at this time in order to obtain state funding committed by December. - 2 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 Water Mr. Cheney referred to there being a lot mentioned about the quality of drinking water and reported that the water control agencies now require special testing every three years. He explained the testing required and reported the tests have been finished for our water and the result is the concentration found is below detectable levels on all the chemicals and pesticides tested. Our water is clean. The water system is in excellent condition. PUBLIC AUDIENCE Mayor Zimmerman announced if anyone in the audience wishes to speak later on some of the items indicated on the agenda, they may come forward and fill out a slip with the City Clerk and will be called on at that time for their presen- tation. Youth Advisory Committee Mrs. Dee Zibelli, 440 Ocean Parkway, stated in reference to Councilman Wright's Youth Advisory Committee, as Chairman of the Community Relations Board, she is requesting the Council to let them go ahead with it. When the whole program is brought together, they will bring it back to the Council for approval. Towing Service Mr. Ben Uleck, 1507 S.W. 17th Avenue, asked if the towing service contract was awarded to any specific company and Mayor Zimmerman informed him it was awarded to Boynton Wrecker Company, the same service as previously. Mr. Uleck told about a car being parked on Woolbright Road east of 18th Street for over a week and questioned why it remained there so long. Vice Mayor Ferrell informed him if it is legally parked, there is no limit. Mr. Uleck replied that it was parked on the city's easement and added that Leisureville Security was concerned about someone parking there and robbing houses. Councilman Cassandra informed him if a car is ticketed, then it is a violation and is moved right away. Mr. Cheney clarified that this has nothing to do with Boynton Wrecker Service as the Police Department authorizes a car to be towed. Councilman Cassandra suggested that the Police Department be notified and Mr. Uleck stated the police were notified and the car was ticketed twice. He would like to know why the car was left there for so long. - 3 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 Completion of Beach Pro~ect Mr. Uleck stated he also would like to know when the beach will be completed. He wants a specific date. He was told August~15, but it is not half done yet. The contractor should be held to a specific date. Mr. Cheney replied that he could not give a specific date when the beach will be finished. The original completion date was August 27; however with rain days, it was extended to August 30 and now with changes in the contract, it is September 10. We cannot guarantee the date of September 10, but there is a penalty clause if not completed. We would not sign a contract without a penalty clause. If not completed by September 10, there will be damages assessed against the contract if the Council agrees to do that. The completion date is September 10. Mr. Uleck questioned the amount of the penalty clause and Mr. Vance replied that typically it is $150.00 per day assuming there are no rain days. Mr. Uleck stated that rain should not be an issue as it only rains for a short period of time during a day. Petition from Las Palmas (LaNotte) Mr. Clark Jokl, 649 Las Palmas, submitted a petition and advised that he has been requested by members of the neigh- borhood surrounding LaNotte to present a complaint. The complaint revolves around the excessive noise level ema- nating from LaNotte. Councilman Warnke added that it is hard to realize what these people are facing unless you hear it yourself. He lives a block away and it affects his peaceful neighborhood. He then played a tape which was made last Saturday and Sunday from in front of Mr. Jokl's house. He added that everybody he has talked to thinks LaNotte is a fantastic addition to the community and better than the pre- vious marina, but they would like the restaurant to be a better neighbor. Mr. Jokl continued that members of the community have attempted to address the matter with the owner of LaNotte, but to no avail. This has been going on since the middle of June. The police have been called on a number of occasions with mixed results. He then read a documented report of his own personal activities which took place last Wednesday from 9:15 P. M. to midnight and what he encountered. He told about this loud amplified music being played several times per week. He stressed how it was impossible to enjoy a peaceful evening in his neighborhood. Councilman Wright questioned what he was asking the Council to do and Mr. Jokl replied that he believes there is a city ordinance banning noise if it disturbs a neighborhood. - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 Mr. Vance stated that our noise ordinance is archaic and so broad probably not enforceable. A phrase is included in reference to disturbing a neighborhood, but he doubts if any court would uphold it. There are some reasonable standards in the zoning code, but are not in violation of the law. The noise ordinance we have is useless with no standards. The Council could consider amending the existing noise ordi- nance to bring it into a position where it could be enforced. The other approach would be to file an injunction suit which would take time under the zoning code. Councilman Cassandra referred to a noise level report being made for a parking lot and Mr. Jokl responded that he has some documentation on noise levels and read a report printed in the "Family Safety" Magazine. Mr. Vance added that he has been involved in litigation involving noise and there is a noise expert at F.A.U. and he would suggest having him do some standards which may be helpful. Councilman Cassandra clarified that we must solve the problem, but it is not solvable under our codes. A restaurant is a business and is entitled to operate. There must be mutual give and take here. We should address an amendment for our code. Mayor Zimmerman suggested hearing from the owner of the restaurant. Mr. Peter Gandolfo, 2280 North Federal Highway, referred to talking to the neighbors and asking them to let him know when the noise is too loud as they want to work with the neighbors and not disturb them. He then told about plans to construct an insulated aluminum barrier to shield the noise. He referred to other things creating noise such as kids with loud radios, power saws, etc., but stressed that he is trying to be a good neighbor. This band is only at the restaurant on Wednesday nights until 11:30 P. M. He is trying to run his operation the best way he can. Councilman Warnke stated the amplification seems to be the problem. Mr. Gandolfo stated it is a Calypso band and he moved the band's location far to the other side after the people complained. Also, the wind controls the sound of the music. Mayor Zimmerman asked if he has been to the Building Department showing good faith indication that he is anxious to do something and Mr. Gandolfo told about calling Mr. Cheney and being told he would need a permit. Mr. Cheney - 5 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 clarified that there are a number of problems to be addressed at LaNotte. He told about his suggestion to Mr. Gandolfo to have his lawyer apply to the Building Department to comply with permit requirements. The city will work with him, but there are a series of problems to be addressed. The music will be observed and he suspects with the arrival of the police from time to time, it will result in getting the music turned down or discourage people from going there. Also, he believes the ordinance should be amended. Councilman Wright referred to frequenting LaNotte about once a month and stated the people are orderly and he thinks the owners are doing what they possibly can to work with the people. People enjoy having a Calypso band in the pool deck area. He would like the citizens not to have too high of expectations for this business as'the restaurant must make money and please their clientele. After further discussion about the noise level and distur- bance to the neighborhood, Councilman Warnke suggested con- tinuing the band without amplification. Mayor Zimmerman asked if he was willing to observe the zoning code and Mr. Gandolfo replied the zoning code is not enforceable. Mayor Zimmerman disagreed and stated the zoning code indicates what can be done in a particular zone and suggested that he have his attorney consult it. Mr. Gandolfo replied that he is willing to obey. Vice Mayor Ferrell made a motion to draw up an ordinance which is enforceable, so if we have a problem, it can be enforced. Mayor Zimmerman clarified that he is referring to a revision of the noise ordinance and Mr. Ferrell agreed, something which is enforceable. Councilman Warnke seconded the motion. Mr. Vance added that the Zoning Department may need to get input from an expert. Motion carried 5-0. Landfill Site Mr. Albert McGregor, 2897 S.E. 1st Place, stated the Solid Waste Management Authority selected their new dump site just west of Boynton Beach. Seven years ago, the county said everything west of the turnpike would be an agricultural reserve area, but now they are going against that. This area consists of 740 acres encompassing two farms. He believes we are moving west with the well field to get away from salt intrusion. This will be in the city dump, if it is allowed to go there. He requests the Council to send a - 6 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 resolution to the Waste Management Board. Councilman Warnke asked where else the county could put it and Mr. McGregor replied that he doesn't know, but the county has 5,500 acres east of 20 mile bend before taking these farms. Mr. Cheney advised this proposed site is for a Class III landfill, which is non-polluting materials. Secondly, it was suggested as a second resource recovery site, but that is long term. So far, this has been tentatively approved by the Solid Waste Authority to leave the door open for other sites to be brought to their attention. Possibly the Council may want to have a presentation by the Solid Waste Authority given at the next meeting as to what they have done to try to find sites and possibly there may be suggestions of other sites. We also have a problem in that in about two years, we will not be~ able to take our trash to the Lantana landfill and the site near the golf course will be closed. Mr. McGregor stated when the Lantana site was started, it was Class III and then everything was dumped there. Mr. Cheney informed him there is a different set of environmental controls now. Mayor Zimmerman suggested having Mr. Cheney arrange to have a representative from the County Waste Authority present at the next meeting if possible. Mr. Cheney stated if Mr. McGregor is right, we may want a special meeting before then. Mayor Zimmerman replied that could be arranged and requested Mr. Cheney to take care of it. Parking by Boynton Lodge Mr. Bill Staley, owner of Boynton Lodge, stated the con- tinuation of Boynton Beach Boulevard is currently a dirt road providing access to the lift station. For years, truck drivers have been parking on this dirt road and staying at his motel. About three to four months ago, no parking signs were put up along that dirt road. He does not understand why this was done. He talked to Mr. Cheney who explained about an access road being blocked, no parking on public roads, etc. He would like the no parking signs taken down to allow parking in that area. If access to the lift station is a problem, possibly signs to not block the road could be installed. The road is out of the way for normal traffic. This is damaging his business. He cannot see the reason for these no parking signs being there. - 7 - REGULAR CITY cOuNcIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 Councilman Warnke referred to bringing this up in the first place because on various evenings, semis were completely blocking that strip for access to the lift station. Possibly it would be a viable solution if the middle of the road was left open. Mr. Staley replied that he will inform the truck drivers and if signs say do not block the road, it would correct the problem and not take away from parking. Three to four trucks can be parked in this area, which is a large part of his business. Mr. Cheney added that he suggested to Mr. Staley the other day that it may make sense to take the signs down as it is a temporary situation with the bridge going in. Because it is a temporary situation now and if the trucks don't block the road, he does not see any harm in trying that. Councilman Warnke made a motion that the City Manager be directed to consult with the City Engineer and at their discretion adjust this accordingly. Vice MaYOr Ferrell seconded the motion. No discussion. Motion carried 5-0. Request from Town of Hypoluxo for Fire Service Mr. Manley Caldwell, Town Attorney for Hypoluxo, told about Hypoluxo being part of the County Fire District previously, but advised they are now free to contract with any govern- ment for fire and rescue service. He referred to having contractual relationships with the City of Boynton Beach providing water and sewer and stated the fire station is located closer to them. Last year, they had a total of 68 calls, which amounts to approximately $1,325 per call at the initial fee suggested by Mr. Cheney of $90,000. They can live with the proposals made by Mr. Cheney, but would like to avoid one since they are a small town, the purchase of a 3,000 gallon tanker; but if it is the only alternative, they could do it. In condition 94, it is recommended to bring the existing system up to the standards acceptable to Boynton Beach and if that is done, would it alleviate the necessity of buying the tanker? Mr. Cheney replied that he did not think so as there is co~ern because part of the town does not have water and part of the town has dead end lines. He explained how it was the concern of our Fire Department to have that water to take to fight fires if needed. Mr. Caldwell clarified that if they buy the equipment, the contract would provide at the end of the term if not renewed, the title for the truck would revert to Hypoluxo and Mr. Cheney agreed. Mr. Caldwell commented that he - 8 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 thinks this is a proposal which will work for the benefit of both communities. Mr. Cheney stated this item has not been discussed by the City Council and they may want more time or information. He prepared a report for the Council's review. Councilman Cassandra stated he personally would like more time as he has questions. He is concerned about a third call coming in and who comes first, Boynton Beach or Hypoluxo. Mr. Cassandra asked if this service included paramedics and Mr. Caldwell replied affirmatively. Mr. Cassandra referred to having three trucks and Mr. Cheney informed him that we do have four crews. Councilman Cassandra again referred to concern for who comes first. Councilman Warnke asked if we have a reciprocal agreement with another city if our units are busy and Mr. Cheney replied that we do have with Ocean Ridge and in general with the county. He told about working with Reservation District previously. First calls are responded to first, but he understands Councilman Cassandra's concern. The number of calls is about one per week from Hypoluxo. In the context of dollars and service, it seems to be a reaso- nable gamble to take, but is a risk. Chief John Sluth, Reservation District, stated the number of 68 runs was correct for last year, but the year before there were 212 runs. Now, there are plans within Hypoluxo to increase the number of people there. The county has pro- vided services since 1962. They would like to continue ser- vice in the future. They did have to close a station because of economic reasons, but explained to the town the reasons. Mr. Cheney asked if he was officially representing the Palm Beach County administration saying they are opposed to the City of Boynton Beach doing this and Chief Sleuth clarified that they are not opposed, but he is stating what is best. They would like to continue the service they have provided to Hypoluxo and have budgeted for it. Mr. Vance stated in response to the problem brought up regarding growth in Hypoluxo, we can put a provision in the contract providing for an acceleration payment if growth exceeds a certain number per year. - 9 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 Councilman Cassandra asked where the new station was located and Chief SlUth informed him it is on Lantana Road at the airport with a response time to Hypoluxo of four minutes. Councilman Wright stated he would have to think hard about such a plan. With realizing the number of seniors in this city, he thinks we should give this more thought and con- sider the welfare of our own citizens. Mayor Alfred Kelly, Town of Hypoluxo, stated they have no contract at all with the Reservation Fire Company. He has talked to insurance brokers and with a fire station over three miles away, it will increase the residential insurance rate. The center of Hypoluxo is three miles from the Boynton Beach station and four miles from the Lantana Airport. Councilman Warnke asked if the taxes would have to be raised to accommodate this protection and Mayor Kelly replied that they haVe increased with Reservation raising the millage. Chief Sluth referred to there being time constraints with the budgetary process, millage rates, etc. and stated they would like to know where they are going to stand. He requests the City Council to weigh all the facts and make the proper decision. Councilman Warnke replied that he thinks it would be appropriate for the county to submit something in writing officially where they stand. Councilman Cassandra moved to postpone this until August 21 for decision making. He wants to give more thought to spreading our services to cover a larger area. Councilman Warnke seconded the motion. Motion carried 5-0. CONSENT AGENDA A. Bids 1. Two 100 GPM and Two 75 GPM Submersible Pumps and Control Panels for Lift Stations %501 and %304 - Utilities The Tabulation Committee recommends awarding the bid to Barney's Pumps in the amount of $13,024. - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 2. Cherry Hills Phase I & IIA The City Manager submitted a memo dated August 7, 1984, together with a bid spread sheet and explained the funding process. B. Resolutions 1. Proposed Resolution No. 84-III - Re: Releasing of Performance Bond for Tracewood A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR TRACEWOOD. 2. Proposed Resolution No. 84-JJJ - Re: Final Plat Approval for Plat No. 2 and Plat No. 3 for Meadows 300 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING PLATS NO. 2 AND NO. 3 OF THE MEADOWS 300, SUBDIVISIONS WITHIN THE CITY OF BOYNTON BEACH C. Approve request to dispose of records - Finance Dept. The Finance Director submitted a memo dated July 13, 1984, requesting approval to destroy records as listed. D. Approve Budget Transfer - Unemployment Compensation This budget transfer request was submitted for the City Clerk's Department. E. Acceptance of Right of Way Deed - Knuth Road This right of way deed has been submitted for acceptance by Jim Gallo prior to recording. F. Approve purchase of new telephone system for public beach Mr. Cheney concurs with the recommendation of Mr. Sullivan and Mr. Frederick that the city. proceed with the purchase of a telephone system for the beach in the amount of $3,878.52 from Southern Bell Advanced Systems. The acquisition of the telephone system is a part of the development cost for the beach and will be charged to available funds in the beach bond issue. - 11 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 Ge Approve purchase of six (6) yard dump truck - Sewage Pumping Department The City Manager recommends the City Council concur with the change In specifications, authorize the purchase and the appropriate transfer of funds as stated in his memo of August 7, 1984 with attached memoranda. H. Approve reduction in retainaqe/Madsen-Barr Russell & Axon submitted a positive recommendation in response to this request. I. Approve Change Orders 1. Change Order No. 1 - R. J. Sullivan - San Castle/ St. Andrews Part A A change order has been submitted for R. J. Sullivan Corporation increasing the amount of the subject contract by $13,709.15, thus adjusting the total contract amount to $447,809.15. 2. Change Orders No. 1 & 2 - United Steel Erectors - San Castle/St. Andrews Part B The Director of Utilities recommended that change order #1 be approved and added that it will be EPA grant eligible. Also, in a memo dated August 3, 1984, he explained the reason change order ~2 was requested. 3. Change Order No. 4 - N.E. 10th Avenue (Martin Luther King, Jr. Blvd.) for 1" polyethelene water service laterals The City Engineer recommended approval per his memo dated August 2, 1984. 4. Change Order No. 4 - Edward D. Stone, Jr. & Assoc. Beach Reconstruction Project The change order was submitted for the Council's review and the City Manager advised these costs will be well within the available funds for this project. J. Approval of Bills See list attached. Councilman Cassandra moved to approve the Consent Agenda, Items A-l, 2, B, Resolution No. 84-III, Resolution No. - 12- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 84-JJJ, C, D, E, F, G, H, I 1-4 and J with approval of bills and the additional bill from South Central Regional Wastewater Treatment & Disposal Board. Vice Mayor Ferrell seconded the motion. Under discussion, Councilman Warnke stated Change Order ~4 for N. E. 10th Avenue doesn't add up with going from 1~" and 2" pipe to 1" pipe and in~ the list of bills showing as a minus and the change order as a pluso Mr. Tom Clark clarified that it was not a change order, but using different pipe than specified. He explained how the price was negotiated between 1" and 2" pipe as we did not have a price for that size pipe. Mr. Warnke pointed out with 2" pipe, it was $975 and shows a reduction of that amount and then shows 1" pipe with adding more and all going to a smaller pipe. Mr. Clark informed him the total amount may have changed and explained how the total feet was measured in the field, but the price was based on what was put in. Mayor Zimmerman asked where the truck was being purchased referred to in Item G and Mr. Cheney informed him it was by state bid. Motion carried 5-0. BIDS NONE PUBLIC HEARING Approve request for conditional use to construct a day care center to be known as Childrens Center submitted by Barbara Alterman and Mavis Payne to be located at the corner of N.W. 8th Street and N.W. 1st Avenue (Tabled) DELETED DEVELOPMENT PLANS Approve Boynton Lakes PUD Master Plan modification finding of no substantial change for Child Care Center Mr. Annunziato stated the Technical Review Board unanimously recommended that the City Council make a finding of no substantial change and that the Planning & Zoning Board approve the master plan modification with the provision that the child care center serve the residents of the Boynton Lakes PUD exclusively. Councilman Cassandra asked if this is a profit making opera- tion or going to be run by an association in this PUD and - 13 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 Mr. James Holland informed him it is intended to be a profit making venture. The land is under contract with a nation- wide operator of child care centers. They take exception with the qualification from the Technical Review Board. They feel if they follow this condition their market area would be limited to Boynton Lakes and they would be pena- lized because of having PUD zoning. Child care centers are permitted in R-2 zoning as conditional uses. They must be consistent with health requirements and the setbacks will be consistent with the zoning ordinance. He is of the opinion this is inconsistent with the PUD, Section 1, Appendix B, and he read same. They are asking to be treated the same as R-2 or higher use rather than have an arbitrary condition imposed. Boynton Lakes is a vast acreage of land. They have fewer than 200 units udder construction. He showed a graphic indicating the location of this proposed use. He explained how they feel this use is ideally located within this PUD. Mayor Zimmerman asked if anything relating to this was included in the deed restriction documents and Mr. Holland replied negatively and added one of the advantages of having the child care center approved is that future buyers will be aware of the location prior to buying. Mayor Zimmerman pointed out this is somewhat different from the standard PUD development with having a public recreation area. Councilman Cassandra added that a PUD is a deviation from the zoning requirements. In R-2 zoning, setback requirements are stated, but are not set in PUD zoning. Mr. Holland stated the logic in PUD regulations is that it be regulated to the same degree as done on a lot by lot basis. It is his opinion they are consistent with the PUD regula- tions. Child care centers are a permitted use in PUD zoning and he read from Section 7, Page 2019. Councilman Wright asked how many children will be served and Mr. Holland explained this would be regulated by the state. Councilman Wright asked if many young families will be living in this area and Mr. Holland replied there will be 1,030 dwelling units. He feels the population of that size community will not support a child care center and they would want to look outside the community. Vice Mayor Ferrell asked if he was saying it should be treated as a conditional use as in R-2 and Mr. Holland clarified that he is asking that the market area not be - 14 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 limited to residents within the PUD, but they should have the same right as someone in a R-2 area. Vice Mayor Ferrell stated he would not approve this in the middle of a residen- tial use. Mr. Annunziato referred to there being lots of reasons why day care centers are conditional uses and he thinks a day care center is a good use with a PUD having younger people and will be a convenience for those residents. Mr. Vance read Section G and stated in all fairness to the applicant, if the request was for a house of worship and the condition was that only those in this PUD could use it, it would not be reasonable. Mr. Cheney added that the public park next door must also be considered. Mr. Holland agreed they felt this was an unreasonable and arbitrary requirement to be limited to the residents of Boynton Lakes PUD. cOuncilman Warnke moved to approve Boynton Lakes PUD master plan modification finding of no substantial change for this child care center, seconded by Councilman Wright. Mr. Cheney asked if this included the limitation and Mr. Warnke replied negatively. Mr. Cheney stated this would leave to the Planning & Zoning Board the question of living in the area or not and Mr. Warnke replied that he does not think that is appropriate at the present time. Motion carried 3-2 with Vice Mayor Ferrell and Councilman Cassandra dissenting. Mr. Cheney clarified this would not come back to the City Council and Mr. Annunziato added it will only come back as a site plan and the question of the market area is now moOt. Councilman Warnke then moved to reconsider, seconded by Vice Mayor Ferrell. Motion carried 4-1 with Councilman Wright dissenting. Councilman Warnke stated he thought this would come back to the Council and thinks the restriction should be included. Mr. Wright replied he didn't think this should include the restriction. Mr. Holland requested an opinion from the City Attorney with respect to this action. Councilman Warnke made a motion to accept this master plan modification finding of no substantial change for a child care center submitted by Boynton Lakes PUD provided the customers of the child care center are from the Boynton Lakes community only. Vice Mayor Ferrell seconded the motion. Under discussion, Councilman Cassandra referred to - 15 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 the Planning & Zoning Board agreeing or disagreeing with this stipulation and Mr. Vance clarified that once the Council attaches the stipulation, that is it; there would be no action by the Planning & Zoning Board except review of the site plan. Mr. Cassandra referred to the stipulation being discussed with review of the site plan and Mr. Annunziato informed him the issue of land use would be addressed by the Council in the form of a substantial change and the land use would not be discussed at the time of site plan review, but only the specifics of the site. Mr. Cassandra questioned if the Council could change its mind when this comes back and Mr. Vance rePlied that possibly they could if there was another presentation and clarified with this motion, the City Council essentially is making the finding of no substantial change based on being used by the residents of that PUD and the site plan must meet that requirement. Mayor Zimmerman ref~erred to this motion approving the entire recommendation as submitted and Councilman Warnke clarified this was finding no substantial change~and including the child care center can only be used by residents of that PUD. Mr. Ferrell added this would be no substantial change based on the fact it is used by the resi( of that community, but the other way would be to put bus~ ss in the middle of a community. Mr. Cheney advised there could be a :finding of a substantial change and Mr. Vance added if that was agreed, they would have to amend the PUD. As requested, Mrs. Boroni then took a roll call vote as follows: Councilman Cassandra - Aye Councilman Warnke - Aye Councilman Wright - Nay Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Motion carried 4-1. Mr. Holland clarified that what was passed is that the child care center is in compliance of the PUD, but cannot serve residents outside the PUD. He thinks that is arbitrary and in conflict with the city's ordinances. Mr. Vance suggested that they make a decision whether they like what has been done or not and take action. Mr. Holland stated he didn't know what instructions the Planning & Zoning Board will have at this point and Mr. Vance informed him they will have a motion approving the recommendation of the Technical Review Board. - 16 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 At this time, Mayor Zimmerman declared a recess and then reconvened the meeting at 9:40 P. M. LEGAL Ordinances - 2nd Reading - Public Hearing NONE Ordinances - 1st Reading Proposed Ordinance No. 84-30 - Re: Increase of Fees for Beach Decals Mr. Vance read proposed Ordinance No. 84-30 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 16 PARKS AND RECREATION, ARTICLE II CITY PARKS & BEACHES, SECTION 16-82 RAISING THE ANNUAL PARKING PERMIT FEES OF RESIDENTS FROM $3.00 TO $5.00 AND PAYING GUESTS AT HOTELS AND MOTELS FROM $.50 PER DAY TO $2.00 PER DAY; PROVIDING A REPEAL CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Councilman Cassandra moved to accept on first reading pro- posed Ordinance No. 84-30 increasing the fee for beach decals. Vice Mayor Ferrell seconded the motion. Under discussion, Councilman'Warnke stated he is concerned about tourists going from 50~ to $2.00 and Mr. Ferrell replied that he didn't think the tourists would object as it is lower than at other beaches. Mrs. Boroni then 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. 84-31 - Re: Zoning Ordinance Amendment relative to Antenna Heights Mr. Vance read proposed Ordinance No. 84-31 by title: - 17 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA, TO AMEND SECTION 4. GENERAL PROVISIONS. F. HEIGHT LIMITATIONS AND EXCEPTIONS. TO AMEND SUBSECTION 4(a) TO PROVIDE THAT RECEIVING ANTENNA OF PRIVATE COMMUNITY ANTENNA SYSTEMS MAY NOT EXCEED FORTY-FIVE (45) FEET RATHER THAN SIXTY-FIVE (65) FEET UNLESS AN EXCEPTION IS GRANTED BY THE CITY COUNCIL; BY FURTHER AMENDING SECTION 4. GENERAL PROVISIONS. F. HEIGHT LIMITATIONS AND EXCEPTIONS. TO AMEND SUBSECTION 5 BY DELETING SUBSECTION 5(a) RELATING TO FREESTANDING BASE TOWERS IN RESIDENTIAL ZONES AND BY AMENDING SUBSECTION 5(b) TO PROVIDE THAT NO FREESTANDING BASE TOWER AND ANTENNA SHALL EXCEED FORTY-FIVE (45) FEET RATHER THAN SIXTY (60) FEET; BY RENUMBERING SECTION 4. GENERAL PROVISIONS. F. HEIGHT LIMITATIONS AND EXCEPTIONS. SUBSECTION 5 TO COMPLY WITH THE ABOVE ~MENDMENTS; TO PROVIDE THAT EACH AND EVERY PROVISION OF SECTION 4. GENERAL PROVISIONS. OF APPiENDIX A - ZONING SHALL REMAIN IN FULL FORCE AND EFFECT AS PR SLY ENACTED; PROVIDING A CONFLICTS CLAUSE, AND AN EFFECTIVE DATE; TO CODIFY; AND FOR OTHER PURPOSES. Councilman Cassandra moved to adopt on first reading pro- posed Ordinance No. 84-31. Councilman Warnke seconded. No discussion. Mrs. Boroni took a roll call vote on the motion as foll~ows: Councilman Wright - Aye Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Motion carried 5-0. Proposed Ordinance No. 84-32 - Re: Adopting Community Redevelopment Agency Plan Mr. Vance read proposed Ordinance No. 84-32 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A COMMUNITY REDEVELOPMENT PLAN FOR DOWNTOWN BOYNTON BEACH; FINDING THAT THE PLAN CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; PROVIDING AUTHORITY TO MODIFY OR AMEND SAID - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 PLAN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman Cassandra moved to adopt on first reading Ordinance No, 84-32 adopting the CRA Plan. Councilman Wright secOnded the motion. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Councilman Wright - Aye Motion carried 5-0. Councilman Cassandra added that he would like the Chairman of the Community Redevelopment Agency to know that the Development Review Board has not been resolved, but should be resolved by second reading. Proposed Ordinance No. 84-33 - Re: Banning of Train Whistles along FEC tracks between 10:00 P.M. and 6:00 A.M. Mr. Vance read proposed Ordinance No. 84-33 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, PROHIBITING RAILROAD TRAIN WHISTLES AND/OR HORN NOISE BETWEEN THE HOURS OF 10:00 P.M. AND 6:00 A.M.; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR THE POSTING OF SIGNS AT RAILROAD CROSSINGS ANNOUNCING THE PROHIBITION OF WHISTLES AND/OR HORN NOISE BETWEEN THE HOURS OF 10:00 P.M. AND 6:00 A.M.; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman Warnke moved to adopt proposed Ordinance No. 84-33 on first reading, seconded by Councilman Cassandra. Under discussion, Mayor Zimmerman stated this will not affect the safety of Amtrak. Councilman Cassandra asked if we would be liable if the gate does not go down and Mr. Vance replied that he cannot say at any time we will not be liable, but we do have a state statute we are complying with. Under those circumstances, he believes we are in good shape, but we can be sued. Councilman Wright commented that it is a mistake, even though passed at the state level. Mrs. Boroni then took a roll call vote on the motion as follows: - 19 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Councilman Wright - Nay Mayor Zimmerman - Aye Motion carried 4-1. Resolutions Proposed Resolution No. 84-KKK - Re: State Policy concerning the allocation of Industrial Revenue Bonds Mr. Vance read proposed Resolution No. 84-KKK by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATIVE TO STATE POLICY CONCERNING THE ALLOCATION OF INDUSTRIAL REVENUE BONDS. Councilman Cassandra referred to this being recommended for approval and Mr. Cheney agreed and referred to submitting information pointing out that Congress has passed legisla- tion to limit the Industrial Revenue Bond program and explained that Congress has said how the $150,000 is to be allocated will be up to the State Legislature. The policy developed in this resolution is a product of six or seven communities in Palm Beach and Broward Counties taking the position no automatic allocations should be predetermined, but should be on a first come, first served basis. He explained how there will be some action by some areas to request the money be allocated to counties or county industrial development boards with them having control of the money. He further explained how at the moment, there was not a supply and demand problem, but an allocation problem. He clarified this simply accepts the program, but wants it kept open-ended as possible. If adopted, it will be presented with other resolutions and letters from people in the area to the governor's staff hearing on August 16 through Boca Raton. Councilman Cassandra moved to approve Resolution No. 84-KKK, seconded by Councilman Warnke. No discussion. Motion carried 5-0. Proposed Resolution No. 84-LLL - Re: Pension Fund Mr. Vance read proposed Resolution No. 84-LLL by title: - 20 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE INVESTMENT ADVISORY SERVICE AGREEMENT BETWEEN FLORIDA COAST MIDLANTIC TRUST COMPANY, N.A. AND THE BOARD OF TRUSTEES OF THE EMPLOYEES' PENSION PLAN OF THE CITY OF BOYNTON BEACH, FLORIDA. Mr. Norman Fine came forward to answer any questions. Councilman Warnke clarified that this is just a name change and Mr. Fine agreed and added that the same people will manage the account. Mayor Zimmerman added that this per- tains to the employees' pension fund and the Firemen's Pension Board agreed to this same thing at their last meeting. Councilman Warnke moved that this proposed Resolution No. 84-LLL for the pension fund be approved, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Other Approve Lease between County of Palm Beach and the City of Boynton Beach for Forest Hills Park Mr. Vance informed the Council this has been reviewed by his office and the blanks are for when the county takes action. Mr. Frederick informed the Council this is a neighborhood park in Forest Hills, south of Golf Road by 1-95. Councilman Warnke moved to approve this lease between the city and county for Forest Hills Park, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Approve Water Service Agreement - East side of Military Trail, west of the west property line of Hunters Run Mr. Cheney referred to submitting a self-explanatory memo and explained the location. He added the water line was approved in front of this property. This property will contribute to the water and sewer line as well as facility charges. Councilman Warnke asked if 17 living units were currently being served and Mr. Cheney replied that they have a well now and this will get them off the well and septic tank. Councilman Warnke referred to the whole picture not being shown and explained that the plans show the building of 17 - 21 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 living units with additions of 80,000 and 60,000. This would result in 90 units with an average use of 3,000 gallons per month, which would be 250,000 gallons per month of water serviced to that area. The city will need this water and he emphasizes going back to priority 3 to serve units outside the city last. He is against this because it is a further encroachment on our supply for the city. Mayor Zimmerman advised he talked with a gentleman from Water Chase this afternoon regarding whether we would have enough water for those lines and at this point, we do have a substantial surplus. Councilman Wright referred to the agreement saying we could cut off the supply if needed by the city and Councilman Warnke questioned why we should endanger them and have to cut off the water in a couple years? Councilman Cassandra stated we still have a leeway and when approaching the upper limit, then we can have a moratorium for the people outside Boynton Beach. Councilman Warnke opposed taking this chance. Councilman Cassandra referred to not being able to refuse water legally if we have it and Mr. Vance clarified that there are two legal situations involved. There is a case in court saying we don't have ito furnish water or sewer; however, we signed some federal grant applications where we agreed to serve the service area. If we get into a tight situation, it won't be questioned; but if we are in decent shape, it will be questioned. Councilman Wright moved to approve this water service agreement for the east side of Military Trail, west of the west property line of Hunters Run. Councilman Cassandra seconded the motion. No discussion. As requested, Mrs. Boroni took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman Warnke - No Councilman Wright - Aye Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Motion carried 4-1. Code Enforcement Board Minimum Fine - Requested by Councilman James Warnke DELETED - 22- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 OLD BUSINESS NONE NEW BUSINESS Consider Rainbow Grocery Lease - City Owned Facility Mr. Cheney stated he would like to add some additional information received today from 7-11 in addition to his memo submitted. It has been our impression from the legal docu- ments that the lease on this building with 7-11 Corporation would end this year. We have had a difficult time having phone calls returned from 7-11. The lease runs for five more years, but that was not the information we received when the property came into our ownership. We are awaiting a copy of this agreement from 7-11 which will be sent to the City Attorney. He can only assume this information from 7-11 is valid. This changes the whole issue of what we can do with 7-11. He suggests no action being taken until this is researched further. Councilman Warnke moved to table this until the City Attorney has documents for the Council's consideration, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Discuss Police Chief Selection Mayor Zimmerman announced the question on the floor is whether to direct the City Manager to have the privilege of considering applicants for the Police Chief position from outside or limit it to the city only. Vice Mayor Ferrell made a motion to select a chief from our local Police Department, seconded by Councilman Cassandra. Under discussion, Councilman Warnke stated if he has the facts right, there is only one person in the Police Department who would be eligible. There are two, but the other person indicated he would not seek it. Vice Mayor Ferrell commented this is the same thing which happened the last time in both the Police and Fire Departments. Councilman Warnke continued that he is strongly in favor of selecting a Police Chief from within the department of our own city. We would be remiss in opening to other applicants who may have different qualifications. - 23- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 Councilman Wright asked if we would be given the chance to interview the top three people if going to the outside, even though not having been done that way in the past? Councilman Cassandra referred to three letters being sub- mitted in reference to this and stated he is concerned about the allegations and doesn't like them, but questions their validity. He was under the impression that according to Civil Service Rules, we should stay inside unless there are none in the department with qualifications, then we would have the prerogative to go outside. Mr. Cheney read the applicable paragraph from the Civil Service Rules. Councilman Warnke asked if all department heads are on a probationary basis or immediately appointed and Mr. Cheney replied that all employees in the city have a one year pro- bationary period; all department heads are appointed by the City Manager subject to the City Council's approval. Councilman Cassandra stated that we still have only one per- son qualified in the city. He thinks we should be fair. He does not like allegations. He believes most of those things are old news. Vice Mayor Ferrell referred to the last letter submitted being signed. He stressed that this affects the future of the persons serving in the department. There was only one choice for the position of Fire Chief. Only the Police and Fire Departments have strict guidelines for promotion. He thinks it is unfair to have them meet the requirements, spend their own money for college and then deny him the right for the advancement he has worked for. He told how the department has been working and about the men being qualified. He believes the people in the department have worked for the city and should have the right for this opportunity. Councilman Wright asked if it was the policy in other cities to go outside to get police chiefs or only when not having a qualified man in the department and Mr. Cheney explained how it was done both ways by various cities. Councilman Cassandra stated the Police Department reports to the City Manager. He thinks the City Manager should come back and report whether there is any truth to the letter submitted or not and make a recommendation or state he has questionable doubts that we should be promoting from within. There was further discussion about the letters submitted and Vice Mayor Ferrell then read the only signed letter into the record, which is the letter attached dated 07 August 84. - 24- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 Councilman Wright stated that he supports the recommendation of Councilman Cassandra of having Mr. Cheney bring back a recommendation. Councilman Cassandra asked if the motion could be amended to include the stipulation with the recom- mendation from Mr. Cheney and Vice Mayor Ferrell replied that a promotion has been given since the date of the alle- gations. Councilman Warnke stated there is a responsibility to the citizens and we must consider the experience of this man, who has worked with the citizens all these years. There is a one year probationary period. This letter submitted tonight about demoralizing aspects of going outside carries weight. Councilman Cassandra referred to the motion being to promote from within and asked if that still gives the City Manager the prerogative to come back and say he checked this person and there are certain things the City Council should be made aware of and Vice Mayor Ferrell replied affirmatively. Councilman Wright disagreed stating if further investigation is needed, then a report should be requested; but if not, then instruct him to promote from within. Mr. Cheney clarified that from the motion, he understands the Council does not desire at the moment to go ouside the city service which leaves him with the responsibility of recommending a chief from within. He would not recommend a chief, who for obvious reasons Should not be chief within the guidelines established. If it becomes impossible to be within the guidelines, then he would come back and tell the Council the recommendation is impossible. As requested, Mrs. Boroni then took a roll call vote on the motion as follows: Councilman Warnke - Yes Councilman Wright - Aye Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Motion carried 5-0. - 25 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 ADMINISTRATIVE Consider Youth Advisory Council (Tabled) Councilman Wright moved to remove from the table, seconded by Councilman Cassandra. Motion carried 5-0. Councilman Wright stated what he would like to do is approve the concept of eleven members being appointed. He would like to see a good cross section of kids from our community considered. He recommended functions in the letter he sub- mitted. Councilman Cassandra referred to Mrs. Zibelli having this and suggested waiting to see what suggestions she submits and Councilman Wright agreed. Councilman Warnke referred to it being suggested that a cer- tain percentage would be minority and stated he did not think that could be stipulated and Councilman Wright clarified that he just wanted that understood. Councilman Warnke moved to take the concept of the Youth Advisory CoUncil suggested by Councilman Wright and approve in concept. Vice Mayor Ferrell seconded the motion. Under discussion, Councilman Wright added that he will work with the Community Relations Board and Mayor Zimmerman added that when the final plan is presented, it can be discussed further. Motion carried 5-0. Consider Making Following Board Appointments: 1 Alternate Member to Codes Enforcement Board to replace Louis Reiser (Councilman James Warnke) (Tabled) Councilman Cassandra moved to remove from the table, seconded by Councilman Warnke. Motion carried 5-0. Councilman Warnke stated under the guidelines of the Codes Enforcement Board, he would like to appoint Mr. Maurice Stander, a businessman in town, as an alternate, who resides at 820 N. W. 6th Avenue. 1 Member - Term of Clarence Clark (General Contractor) Codes Enforcement Board - Expires September, 1984 (Councilman Samuel Wright) Councilman Wright referred to having spoken with people who are interested and Mayor Zimmerman suggested re-appointing Mr. Clark. Mr. Wright responded that he would like other people added to this board and would like this appointment tabled. - 26- - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 1 Member - Term of Richard Kurtz (Electrical Contractor) Codes Enforcement Board - Expires September 1984 (Councilman James R. Warnke) Councilman Cassandra advised that Mr. Kurtz has indicated he would like to continue. Councilman Warnke moved to re- appoint Mr. Richard Kurtz. 1 Alternate Member - Term of Robert J. Mulroy Codes Enforcement Board - Expires September, 1984 (Councilman Nick Cassandra) Councilman Cassandra requested that Mr. Mulroy be left on this board. Accept Resignation from Jacob S. Kasdin, Attorney Codes Enforcement Board - Term expires September, 1985 Consider replacement (Mayor Carl Zimmerman) Mayor Zimmerman moved to appoint Mr. Clarence Clark. Councilman Wright suggested that he consider Mr. Art Matthews for a one year appointment and change Mr. Clark to a three year appointment. Mayor Zimmerman agreed. Vice Mayor Ferrell made a motion to accept all these nomina- tions, seconded by Councilman Cassandra. Motion carried 5-0. Assignment of Meeting Places for City Boards/City Hall Councilman Wright moved to approve, Vice Mayor Ferrell seconded per the City Manager's recommendation. Under discussion, Councilman Warnke questioned if possibly we could except from that the Cemetery, Library, Parks & Recreation, Pension, and Civil Service Boards because of light attendance. Mr. Cheney replied that if they are going to establish a principle, he doesn't know why any should be excepted unless meeting the same night. Councilman Cassandra commented that it would make the boards more pro- fessional to have them meet in a public place. Mr. Cheney added that the Cemetery Board can meet around the table in the chambers and it is unfair to Mrs. Boroni to use her office. This should be the general public meeting room for all boards. Motion carried 5-0. Councilman Warnke asked if the City Clerk would notify all the chairmen and Mr. Cheney replied that he will handle that. - 27 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 Consider Request from Veterans of Foreign Wars Post ~5335 Councilman Cassandra stated he thinks this should be tabled and have a representative from the association make a request. It seems they want to honor Mr. deLong with a pla- que to place in an appropriate park and he wants to know what kind of plaque. Councilman Wright agreed as other groups have given presentations. Councilman Cassandra moved to table and notify the V.F.W., seconded by Councilman Warnke. Motion carried 5-0. Consider Approval of City Council Travel - Florida League of Cities Convention - Tampa, Florida - October 11-13, 1984 - Mayor Carl Zimmerman, Vice Mayor Robert Ferrell, Councilman James Warnke, Councilman Samuel Wright Councilman Wright moved to approve this request for the Mayor, Vice'Mayor, Councilman Wright and Councilman Warnke. Councilman Cassandra responded that he didn't think it was necessary for all four to go. Councilman Warnke seconded the motion and the motion carried 4-1 with Councilman Cassandra dissenting. Consider Request for Trailer in Front of Boynton Commerce Center Mr. Cheney stated that he advised them that a site plan is needed and Councilman Wright clarified that no action is needed. Letter of Appreciation (Postponed from July 17, 1984) Requested by Councilman Nick Cassandra Councilman Cassandra stated since we have started recognizing individuals and groups, he thinks we should develop a letter of appreciation. He referred to a group trying to clean up the city and stated any person making an outstanding contribution should be recognized. Mayor Zimmerman replied there are no restricitons on anyone wishing to do that and it can be brought before the Council. Mr. Cheney requested that he be notified and it will be put on the agenda. - 28- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 OTHER Alternate Members of Various Boards Mayor Zimmerman stated he knows there have been hard feelings for alternates sitting on a board and never moving up to permanent membership. One instance was on the Cemetery Board when a new regular member was appointed instead of the alternate moving up. He thinks we should establish the policy to consider the alternates to be moved up automatically and appoint the new member as an alternate. Councilman Warnke agreed this would be a good precedent to follow. Vice Mayor Ferrell agreed it is a good way if we are aware of it. Councilman Cassandra stated an exception should be made in those areas where specific talent is needed and Mayor Zimmerman added the alternates should be qualified. Mr. Cheney suggested when preparing the agenda, in those boards where there are alternates, the name of the alter- nates could be listed on the agenda and date of appointments and the Council could treat as they see fit. Mayor Zimmerman agreed this would solve the problem. Bike Paths or Walkways on S.E. 23rd Avenue Mayor Zimmerman referred to a lot of people using 23rd Avenue between Seacrest Blvd. and U. $. 1 and asked if we have done much to encourage the county to build a bike path or walkway along there? Mr. Cheney informed him there are a lot of right-of-way problems along there. He stated he will give a report at the next meeting. ADJOURNMENT Councilman Cassandra moved to adjourn, seconded by Vice Mayor Ferrell. Motion carried 5-0 and the meeting was pro- perly adjourned at 11:02 P. M. - 29 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 7, 1984 CITY OF BOYNTON BEACH, FLORIDA - - "'~/t~ ~ Mayor ATTEST: City Clerk Vice Mayor Councilman f /~Councilmay Councl lm~ Recording -Secretary (Four Tapes) - 30 - AGENDA August 7, 1984 CONSENT AGENDA - ADMINISTRATION Approval of Bills: Allen Insurance Agency Endorsement to Inland Marine Floater adding 30 Club Cars at Golf Course Pay from B.B. Rec. Facility Revenue Fund: 411-725-572-40-4B $ 1,583.64 Allied Universal Corp~. Chlorine for Water Treatment Pay from Water & Sewer Rev.---401-332-533-30-63 1,468.18 Better Business Forms, Inc. Utility Bills for Data Processing and Utility Billing Pay from General Fund---001-133-513-30-12 $1568.03 .... Water & Sew.---401-393-539-30-12 1200.00 Total 2768.03 2,768.03 City of Boca Raton Boynton's Share of Third Quarter County Coop. Dis- patch Center Pay from General Fund---001-211-521-40-79 70,985.00 Club Car~ Inc. July Lease of 30 Golf Carts and Lease Maintenance Pay from B.B. Rec. Facility Revenue Fund: 411-726-572-60-8F 2,218.50 e Club Car, Inc. 2 Electric Carts (Ranger Carts) and 30 New Gas Carts Pay from B.B. Rec. Facility Revenue Fund: 411-000-169-41-00 Per bid 3/6/84, Council approved 4/3/84 78,040.00 Davis Water & Waste Industries Odophos Liquid No. 1 for Sewage Pumping Pay from Water & Sewer Rev---401-352-535-30-65 9,360.00 Be Delray Kawasaki Various invoices for Police Department Pay from General Fund---001-193-519-40-32 ........ ---001-195-519-40-49 Total 2,186.39 $1004.67 1181.72 2186.39 e 10. 11. 12. 13. 14. 15. 16. 17. -2- E.V.F., Inc. 1 -- 1984 Ford Chassis per bid specifications Pay from General Fund---001-000-247-13-00 Per bid 1/3/84, Council approved 1/17/84 Florida Power & Light For installation of Concrete Poles in Liew of Wood Poles in Cherry Hills Phase II Pay from General Fund---001-000-115-87-00 Reimbursable from Community Development Block Grant Frankford Arsenal 2 Swat Carbines per specifications for Police Dept. Pay from Federal Rev.Sharing---320-211-521-60-42 Per bid 6/10/83, Council approved 6/21/83 Michael Hayqood--Haygood & Williams, P.A. Professional Services 5/1/84 thru 6/30/84 approved by Community Redevelopment Agency 7/12/84. Pay from Federal Rev.Sharing---320-195-519-40-6H I.B.M. Corporation Monthly charge for Copier III Model 60 Pay from various departments General Fund and Water & Sewer Revenue I.B.M. Corporation 8809 Magnetic Tape AttaChment for System 36 Pay from General Fund---001-133-513-60-7B Lanier Business ProdUcts ~6000 3M Microfilm Reader/Printer w/lens and work station. Pay from Federal Rev.$haring---320-211-521-60-~6 Contract 9 GS-O05-63483 Lawmen's & Shooters~ SupPly, Inc. 65 Safariland Vests and 130 Ail Weather Vest Comfort Cushions for Police Dept. Pay from Federal Rev.Sharing---320-211-521-60-42 Per bid 4/30/84,~ Council approved 6/5/84 Madsen/Barr Corporation Est. ~8 N.E. Area Water Main for period 6/21/84 through 7/20/84 Pay from Util. Cap. Improvement---404-000-169-01-00 $ 11,700.00 1,724.00 1,114.00 4,004.00 2,823.14 4,200.00 5,896.20 10,128.21 71,647.90 -3- 18. 19. 20. 21. 22. 23. 24. 25. 26. Motorola, Inc. Portable Radios for Golf Course Pay from B.B. Rec. ~..Facility Revenue Fund 411-000-169-41-00 Per written quote 5/4/84 4,171.00 Motorola, In~. Portable Radios etc. for Recreation Dept. Pay from Rec. & Mun. Beach Improvement Fund: 303-000-169-33-00 5,501.71 Neptune Meter Company Meters for Water Distribution Pay from Water & Sewer Rev.---401-333-533-60-51 "Bid Item" 2,706.40 Motion Industries, Inc. 2 10bp Reliance H.E. 1750 rp~ plus~ base, putley's etc. Pay from Water & Sewer Rev.---401-332-533-40-33 Council approved 6/19/84 3,282.84 Palm Beach Auto Parts~ Inc. Tools and Cart Supplies for ~olf Course Pay from B.B. Rec. Facility Revenue Fund: 411-726-572-30-93---$ 605.25 411-726-572-30-45--- 2001.54 Total 2606.79 2,606.79 Palm Beach County Solid Waste Authority Use of Landfill for month of June, 1984 Pay from General Fund---001-341-534-40-9A 34,043.26 Ranger Construction Industries Est. $1 For City Street Resurfacing with Type II A.C.S.C. Pay from General Fund---001-411-541-60-3N County Purchase Order $62363 51,505.67 S.I. Lime Company Pebble Quicklime for Water Treatment Pay from Water & Sewer Rev.---401-332-532-30-65 11,814.21 R. J. Sullivan Corporation Est. San Castle/St. Andrews Part A for period 5/19/84 to 7/30/84. Pay from Utility Cap. Improve.---404-000-169-!l-00 15,984.93 COUNCIL -4- 27. Technical Graphic.s, Inc. 15,000 Beach Decals for City Clerk and 2,000 Decals for Police Dept. Pay from General Fund: 001-122-512-40-72---$855.00 001-211-521-40-72--- 270.08 Total 1125.O0 Per bid 4/23/84, Council approved 5/1/84 1,125.00 28. United Steel Erectors Est. ~4 San Castle/St. Andrews Part B - Pump Station from 6/30/84 through 7/30/84 Pay from Utility Cap. Improve.---404-000-169-11-00 45,372.61 29. James W. Vance, P.A. Acquisitionof Kirsner/Rose Easements Pay from Utility General Fund---403-000-169-01-00 1,875.00 30. Isiah Andrews Driver for Senior Citizens Club 3 wks. Pay from Federal Rev. Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 210.60 31. Willie Ruth McGradv Server for Senior Citizens Club 3 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 201.60 32. S.C.R.W.T.D. Board 75,364.15 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Grady ~inance'~ Director I therefore recommend payment of these bills. Peter L. Manager COgRC'Jl- APPROVED Meet. rig. 07 August 84 FROM: City of Boynton Beach Mayor - Vice Mayor and Councilmen Management Staff City of Boynton Beach Police Department Sirs: The management staff of the Boynton Beach Police Department would like to take this opportunity to express our concerns regarding the matter at hand for the selection of a new Police Chief. It is the intent of the ~upervisory members of the Police Department to relate this important issue to those who have the responsibility ~o choose a process fo~ selection for this most important position. Our concerns lie in the fact that many years of dedicated service, education and community involvement have placed us in a position of total commitment to the citizens of Boynton Beach and it's governing body. We. strongly believe that the selection of a candidate from outside the Police Department would be demoralizing It would appear that our efforts, individually and as a team have been in vain. Additionally, the incentive to progress through the ranks would be damaged, to say the least. When an individual becomes eligible for his first promotion, sub. sequent responsibility to himselfland the organization becomes apparent. A commitment to future goals should be ~sf~ ~alistic steps should be taken to accon these goals. In the police service each and every individual should prepare him: to someday accept the position of Chief. Again, this can be done only through years of hard work, dedication, involvement, education and commitment to his employer. Considering the fact that we have individuals who not only meet, but exceed these qualities we believe that the selection for Police Chief should be made from~ithin the already professional structure of the Boynton Beach Police Department. With our future in mind and the concern for efficiency ~n local law enforcement, we remain: plish elf