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Minutes 07-20-82MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 20, 1982 PRESENT Walter "Marty" Trauger, Mayor James R. Warnke, Vice Mayor Joe deLong, Councilman Patricia Woolley, Councilmember Samuel Lamar Wright, Councilman Peter L. Cheney, City Manager Betty Boroni, Deputy City Clerk James Vance, City Attorney Mayor Trauger called the meeting to order at 7:30 P. M. The Invocation was given by Rev. Terry ~llis, Associate Pastor, Crossroads Baptist Church, followed by the Pledge of Allegiance to the Flag led by Councilman Samuel Lamar Wright. AGENUA APPROVAL Under "X. NEW BUSINESS", Vice Mayor Warnke wished to add his comments on Channel 42. City Manager Cheney wanted to make two announcements under "E. Announcement~"item 2. Under "VII. DEVELOPMENT PLANS," City Manager Cheney added "G. Announcement relative to three annexation petitions, introducing annexation petitions." He added one item, "Disposal of Records in the Police Department" under "XI. ADMINISTRATIVE." Because there will be a meeting of the School Board tomorrow night (July 21}, City Manager Cheney wanted to present to the Council for the City's presentation tomorrow night a report on the sewer capacity in Boynton Beach relative to the City's share of the sewer plant. Under "OLD BUSINESS, B," Councilman Wright added "Status Report from City Attorney as to where the City is with the American Legion Land Swap." Councilman deLong moved the adoption of the Agenda with the additions that were made. Vice Mayor Warnke seconded the motion, and the motion carried 5-0. ANNOUNCEMENTS Mayor Trauger presented Service Awards to the following City Employees: "25 Years Nathan McGrady - Equipment Operator in the Sanitation Department Mr. McGrady was not present, although Mayor Trauger said he should be, as his award was a $75.00 bond plus a pin with three diamonds. Mayor Trauger announced the employees with 20 years' service would receive a $50.00 bond and a pin with two diamonds. He presented these awards to the following employees: MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 "20 Years George MacNeil - Wastewater Plant Operator Lloyd Rhoden -~Captain, Fire Department" Mayor Trauger announced that, unfortunately, Annette Tinker, Secretary III, Utilities Department, who had 15 years of service with the City could not be with us tonight. In recognition of her service.with the City he presented a pin with one diamond to: "15 years ~ Kendall, Identification Technician, Police Depa~-h~ent" For ten years of faithful service to the City, Mayor Trauger presented pins to the following: "10 Years Maxine Burns, Secretary I~II, Engineering' Department R~th Finne, Personnel Technician, Personnel Department Agnes Licht, Clerk, Library Sharon Randolph, Administrative Asst., City Manager's Office Johnny White, Equipment Operator, Streets Department" Johnny White was not present at the meeting to receive his pin. Announcement' re Boat Club 'Park - City Manager Peter Cheney City Manager Cheney announced that at the last meeting of the Parks and Recreation Boards in response to discussion from the Co~3ncil relative to how to go about planning improvements to the boat ramp park and also at a meeting or two before that, there were some citizens who had some input into the boat ramp park ~./they.~h~d Someideas. At the last meeting of the Parks and Recreation Board, Vice Mayor Warnke was there, and City Manager Cheney said there was discussion as to how to go about this. City Manager Cheney announced that the suggestion was that they have three mini~forms.o~ public, information m eel"tingS at the~BoatClubPark where people can come and fill out forms or make suggestions ~n a group as to what the park ought to be. City Manager Cheney passed around some notices on the meetings, which will be held on the following dates: July 29th Thursday July 31st Saturday August 1st Sunday 4:00 PM - 6:00 PM 7:30 AM - 9:30 AM 1:00 PM - 3:00 PM City Manager Cheney said that would give people who use the par~ %h~ citizens,an opportunity to have some input into the park plannin~ process. It seemed to be a way to compromise as to how to go about getting input, and City Manager Cheney said they hope folks will show up so the City will get a chance to see what the citizens think the park should be. - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 City Council Budget Workshop Sessions City Manager Cheney said there had been some changes in the proposals for budget workshop sessions by the City Council because of the County process. He suggested that there be three City Council Budget Workshop sessions on the following dates: 7:30 P.M. Thursday July 29 7:30 P.M. Wednesday August 4 7:30 P.M. Thursday August 5 in Council Chambers, City Hall. City Manager Cheney said.those are Budget Workshop sesions to be held by the City Council. After those sessions, as required by law, the CounCil will adopt a tentative millage rate and a tentative budget. ~%~tte~a~ive:miI~lage rate and budget is sent to every'property owner in the City by the County, so every property owner will have a notice'.as to what the tentative millage rate will be and what the impact of that will be on their property, City Manager Cheney continued. Then on Saturday, September 11, in the morning, the first public hearing will be held in this room, Then the second and final public hearing will be held on Monday night, September 20, 1982 in this room unless, for some reason, they are not Convenient for the Council and can be changed. City Manager Cheney said it was the proposed schedule~that is now_~set and complies with the various requirements in the State law. Mayor Trauger noted the presence of young people in the audience, which was refreshing. Life 'Saving Vehicle City Manager Cheney announced that the newest life saving vehicle which the City purchased two'weeks ago has been outfitted and was sitting in front of City Hall this evening. He said it was here so people could see it and see how it was outfitted and see one way that their money was spent to proVide the services they think the people want. Mayor Trauger announced that Betty Boroni, Deputy City.Clerk, is serving in the place of Tereesa Padgett, City Clerk, this evening. He stated that the Council was glad to have her with them this evening. REGULAR CITY COUNCIL MEE.TING MINUTE'S OFJULY 6, 1982 Councilman deLong moved to accept the minutes as presented, seconded by Councilman Wright.. The motion carried 5-0. PUBLIC AUDIENCE - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 Mayor Trauger announced that if there was anyone in the audience who wished to speak on any item that is on the agenda, they should please give their names to Mrs. Betty Boroni, Deputy City Clerk, and she would call them whenever that item appears. He announced tha~ for any item that is not on the agenda~ they could come forth, give their names, and speak at this time. Boy, ton Beach Boat Club and Judy Barbee~ 2205 N:~ E. 4th Street, Boynton Beach, spoke on behalf of herself, her family, and several'hundred patrons of the Boynton Beach Boat Club and Park. She thanked the Council for cleaning up the park and t-he restrooms. Mrs. Barbee informed the Council that they have noted a definite improvement in the last several weeks and, as far as she was concerned, it was doing very well compared to what it was. Mrs. Barbee thought the 4th of July celebration was terrific. They had a nice time and found it educational as far as the Canine Corp. goes. Mrs. Barbee said they respected the efforts of the City. Mrs. Barbee told the Council that they were informed by the City Police that the park would start to be closed at dark to the picnicers and people who just like to go down there at night, cool off, and relax. Mrs. Barbee and others were very discouraged and upset by this because they spend a lot of time down there. She said they would like to see what they could do about keeping it open. Mrs. Barbee did not think it was fair that all of the public was cr~itized and reprimanded for what a few do. Mrs. Barbee pointed out that we all don't have central air- conditioning and can't go home and cool off under central air. They like to go down and cool off Under the trees and relax. Mrs. Barbee acknoWledged that there have been some problems down there, and they like to patrol it as much as they can. The only problem Mrs. Barbee said they have now is'keeping the park open and the people who are taking the light bulbs. She wanted to see if the City would not recognize their request and try 'to keep the park open after dark to everyone. Mayor Traugsr thanked Mrs. Barbee.for her remarks and asked her if there was any time she would consider for closing the park. She replied that she would not say 12:00 Midnight 'or 1:00 A. M. was too late to close it as long as there wasn't any problem. A man shouted from the audience, "What are you going to do with the fishermen when we're out fishing?" Mayor Trauger advised the Council would allow the fishermen and those that are fishing to continue to use the park. City Manager Cheney called attenti0n to the fact that there will be a public hearing on this later on and thought it should be discussed at that time. Mayor Trauger told Mrs. Barbee it would be considered under the ordinance to be heard later. Mrs. - 4 - 'MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 Barbee informed the Council that she had a petition several people from the general area had signed, including some people from out of State. Mayor Trauger asked if anyone else wished to speak on an item that is not on the Agenda. Land Swap - American Legion City Manager Cheney told the Council that Rev. Douglas Davis would- like to speak. Mayor Trauger asked Counci%man Wright if that would conflict with what he wished to bring up regarding the~land swap. Councilman Wright advised that he had added it to the Agenda under "OLD BUSINESS". He~'.consented to letting City Attorney Vance make a fast report, Rev. Douglas Davis, 301 N. E. 13th Avenue, Boynton Beach, repre- sentative of the Ameriaan~ Legion, Leroy Parker Post .288, reminded the Council that it has been two months or a little longer, and he just wanted to know what is happening, what is going on, and why he has not been contacted. Rev. Davis. asked, "Are we going to swap, or what are we going to dO?" Attorney Vance replied that his office has some concern with the reverter clause covering the entire park. He noted that.Rev. Davis wanted to swap .or Obtain a lease_on a portion of it, and City Attorney Vance had referred that to one of 'his partners that knows a lot more about real eState law than he dOes. City Attorney Vance hoped to get a report shortly City Attorney Vance advised that the City has a real problemwith the land given to the City by the County, as there is a reverter clause in the deed which gives some problems. Rev. Davis told City Attorney Vance they were not speaking about swapping. They were at the point now where the last time he was before the Council, he said they would lease it. Councilman deLong called attention to the fact that a precedent had been set up thereas landhasalread~beeh!Ieased'~ 'He thoughtthesepeople~were entitled to some consideration and Stated the Council should move on it. Councilman deLong said these people have been requesting the City for a solution for their problem for' as long as he could remember. Councilman deLong also reminded the Council that the City was definitely responsible for putting the American Legion members out of their permanent home when they had land where they could build. The City came around and rezoned their, property, and it became a prohibitive use. Councilman deLong pointed out that the City had an obligation there to some extent. Mayor Trauger concurred with Councilman deLong and asked City Attorney Vance if it could be put on the Agenda for the next Council Meeting. City Attorney Vance believed he could have an opinion for the Council by the next meeting. He stated that .he was not, at this point, commenting on that prior lease. City Attorney Vance said it was entered into but he was not commenting on such prior lease. - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 City Attorney Vance emphasized that he was not using the lease as a precedent. Councilman deLong stated they would leave that out of there. Mayor Trauger said they would have a report on the Agenda-for next week. Councilman Wright commented that they need to have a report, as it has been some time. Mayor Trauger stated that was wh~ it was being put on, and asked Rev. Davis if that would be satisfactory to him. Rev. Davis was hoping they could get to it tonight. Rev. Davis asked, "Are you with me?" He emphatically called attention to the fact that they are ready to· build but they cannot build unless the Council does something. He aSked the Council if they wanted the Legion to go back and build on their old lot. Councilman deLong felt it was pathetic, because these people have saved and ought to be able to build their own Post home. Councilman deLong s~ated ~hat anytime there is an affair whatso- ever where the veterans are invited, you will find these people in the front lines. He said, "Just send out the word, and they are there on the day that they are supposed to be there." Rev. Davis added that if they need the American Legion or someone to carry the colors, to call him or Leroy Harris, and they will be glad to respond to the call, He advised that he ~was not informed about the 4th of July until the last minute. Because he is active in church, he could not go-~ but he could have gotten somebody to be there, However, someone was there, Rev. Davis requested the Council to work on this and act on it as soon as possible. Status of LaWsui~t bet'ween ~Hospi~t~al~and City Cecil Fultz, 147 S. W. 24th Avenue, West-cheSter!~Heights~wanted. a'status report concerning the lawsuit betWeen the hospital and the City, closing S. W. 2nd, and rezoning. City Attorney Vance advised that Assistant City Attorney James Wolf of his office was actually handling that particular litigation. Currently, City Attorney Vance believed they were simply in the pleading stage. Mr. Fultz asked if another meeting was scheduled. Attorney Vance informed him that the Attorney for the Plaintiff was sitting in the audience. Mayor Trauger asked when they were going to' get together and if there was any time when they may anticipate this. Attorney Vance replied, "No-sir. It will probably take awhile." City Manager Cheney added an answer regarding the closing of the street. He advised that the Judge did 'enjoin the City from closing the street until he had made a decision on the main case of re- zoning (the appeal brought by the hospital and the City's ' refusal to rezone). City Manager Cheney informed everyone that the Judge enjoined the City from closing the street. .~.He ~aid the City cannot close the street until the whole zoning issue has.been established or settled by the Court. City Manager Cheney explained - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JULY 20, 1982 that City Attorney Vance Said pleading, and that means that in so many days the other side has to answer, and then-there are motions, and you don't know what the other side is going to do.. Mr. Fultz understood that.' He did not know if this ~as the appropriate time or not, but he thought'one of the Judge sstiPUlations was the traffic problem along their street. He said it was about the same as it was before. City Attorney Vance advised that the Judge has specifically ruled on this point. As City Manager Cheney indicated, City Attorney Vance said the City is prohibited from closing the street until the main case has been deCided, either for us or against us. Mr. Fultz questioned whether he Cthe Judge) didn't say at the time that he wanted the traffic stopped going down 24th. City Attorney Vance answered that the Judge instructed the Plaintiff (hospital).to use every effort to control their employees in utilizing that street and trying to keep them from using that street improperly. Mr. Fultz advised that they are still having a lot of traffic. The doctors are really bad, speeding up and down. City Attorney Vance suggested that Mr, Fultz call Assistant City Attorney James Wolf, of his office, sometime during the business day~ Attorney Vance said Mr. Wolf was better informed than he was and would be able to talk to him. As it was 8:00 P. M., Councilman deLong moved to suspen'd with the regular order of business and move to the Public Hearing scheduled for 8:00 o'clock. The motion was seconded by Councilmember Woolley and carried 5-0. PUBLIC HE~RING - 8:'00~ 'P. M. Request: Land Use Amendment: Location: Proposed use: Applicant: Owner: REZONE from R-1AA to PU From Moderate' Density Residential to Public and Private InstitutiOnal, Governmental Lying south of SW 23rd Avenue between SW 2nd Street and SW 4th Street north of SW 25th Avenue To provide additional parking for Bethesda Memorial Hospital Southeastern Palm Beach County Hospital District, d/b/a Bethesda Memorial Hospital Laura Benson Tim.Cannon,.Assistant City Planner, informed the Council that this Land Use Amendment and Rezoning Request comes to the Council with a unanimous negative recommendation from the Planning and Zoning Board. The Planning and Zoning Board found the Hospital District's request to be in conflict with the ComPrehensive Plan policies for preservation of residential neighborhoods. Mr. Cannon continued by saying that the request by the Southeastern Palm Beach County Hospital District encompasses ten lots in the Benson Heights Subdivision. He showed the location of the lots. - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 Immediately to the east of these lots, Mr. CannOn said, are two single family homes. He indicated where they are located on the overlay, and also five vacant lots remaining in the Benson Heights Subdivision. To the north, along Golf Road, Mr. Cannon said was another vacant parcel, and to the south there are seven vacant lots, which comprised the Hospital District's previous rezoning request. Further, to the east is Westchester Heights Subdivision, which is largely built up as single family homes; and to the west is the Ridgewood Estates Subdivision which is also single family. Mr. Cannon continued by saying to the soUth, is the hospital itself, and along Seacrest to the East and also in another section he pointed to on the overlay is a C-1 Commercial District. Mr. Cannon informed the Council that the entire area stretching north of the hospital is presently zoned R-1AA. Mr. Cannon said the Comprehensive Plan Policies that apply to this rezoning are general policies concerning the preservation of residential neighborhoods, which read as follows: "1. Provide a suitable living environment in all neighborhoods. 2. Eliminate existing and potential land use conflicts. 3. Encourage the development of conm~rcial land uses where accessibility is greatest and where impacts to residential uses are ~zed. 4. Encourage the preservation of existing single family neighborhoods." B6tk-the Planning'.~Department~andthe'(Planning afld :Zoning Board found/_~hat the't'Hospital District,S Request.would be in cOnfliCt P with(theseJpoliCies. In this.respect, Mr. Cannon said~their reasoning was that'if the-property were to.be rezoned, it would create a/'600 foo~~ intrusion into the existing residential neighborhood. Development of the property as a parking lot or as any other Public Use would increase the levels of noise and glare in area and would harm the privacy and security of surrounding residential properties, Mr. Cannon continued.- Furthermore, he pointed out that it was possible, and in fact probable, that access to the property would be from S. W. 24th or S. W. 25th Avenue. Mr. Cannon stated that this was in contrast with the hospital'.s previous rezoning request in which they could very easily have access directly from the hospital. He said it is also possible that at some later date, the applicant-can build a structune. Under this rezoning, Mr. Cannon pointed out that the applicant would be able to build up to four stories on the property and also build wit'hin thirty feet of the residential property. Mr. Cannon informed the Council that the Planning Department felt that development of 'the parking lot or for any kind of public use structure would impact property values in the residential environment, and this would be in conflict with the Comprehensive Plans. - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 Mr. Cannon told the Council there was a second issue, which concerns the availability of alternative sites to the hospital parking. Mr. Cannon said they looked at property in the surrounding area, and there are seven Vacant lots on Seacrest, northeast of the hospital, and an additional parcel of vacant commercial property about 200 feet to the south of the hospital. Mr. Cannon informed the Council that the~ combined area of these two parcels is about the same as the hosPital's current rezoning request plus the area of the previous rezoning request. Mr. Cannon continued by saying th~t both of these vacant parcels are already zoned C-l, which allow for construction of a parking lot. He said it would be poSsible for the hospital to acquire these parcels by condemnation.. Mr. Cannon informed the Council that there would be ~a cost difference between acquiring residential zoned property and acquiring C-1 zoned p~operty. Mr. Cannon said the Planning Department figured that the residential property would cost the hospital about $270,000, While the acquisition of the two C-1 parcels would be about One Million Dollars, so there would be a considerable difference in the cost of C-1 property as opposed to R-1AA property. Mr. Cannon told the Council that the Planning Department feels that any decision concerning the hospital's rezoning and land use amendment request should have to balance the harm to resi- dential properties against the increased cost of the hospital and to the residents of ~e hospital district. However, it was the opinion of the Planning and Zoning Board that the welfare of the property owners was more important and that the policies in the ComPrehensive Plan be adhered to. Vice Mayor Warnke thought as Councilmen and Councilwomen, they were elected to serve the best interests o'f the majority of the citizens of Boynton Beach. He said the Comprehensive Plan should be adhered to in the vast majority of cases coming before the Planning and Zoning Board and the City Council. However, Vice Mayor Warnke felt this was an exceptional condition, and the public need should override the pocketbooks and the aesthetic problems of a few. Vice Mayor Warnke continued by saying the City is now in a situation where a dozen or so property owners feel they may possibly be affected by adverse conditions and possible financial detriment as opposed to the needs of thousands of visitors and the Staff of Bethesda Hospital. With all due respect to our excellent Planning and Zoning Board, Vice Mayor Warnke felt that he must be in favor of the best interests of our citizens in this issue. He; therefore, urged that the Council be in favor of the proposed zoning change for the benefit of the majority, of our citizens. Mayor Trauger asked if anyone in the audience wished to speak in favor of the request. There was no response. - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 Mayor Trauger asked if anyone in the audience wished to speak in opposition to the request. Mrs. Boroni, DepUty City Clerk, advised that Mr. Fultz wished to speak. Mr. Cecil Fultz, 147 S. W. 24th Avenue, Boynton Beach, Florida, showed the Council Members the location of his home on the map, He stated that he has been a property owner in BoyntOn Beach for a little over ten years, and said his parents also own ~property in' Boynton Beach. Mr. Fultz informed everyone that he is a resident of Florida, was born at Good Samaritan Hospital in West Palm Beach, and'they moved back to Boynton Beach. Although he works at the First National Bank in Stuart, Florida, Mr. Fultz commutes back and forth because he likes Boynton and does not want'to move to Stuart. Mr. Fultz wants to keep his property the way it is because when he did purchase the property, the other property which is trying to be rezoned now was zoned residential. Mr. Fultz added that he was speaking for all of the residents of Westchester Heights and also in Ridgewood Estates.. Their main concern is what is happening. Mr. Fultz believed all of the Members of Council received copies of the Minutes of the Planning and Zoning Board and the petitions given to them. One of the issues which Mr. Fultz really did not have any answers on was, the hOspital keeps~talking about the only alternative they have is to build a parking garage if they do not get this property. He had not heard of any other plan that the hospital was looking into. Mr. Fultz brought this up at the Planning and Zoning Board before. He thought other alternatives could be found, as their are other hospitals that have parking lots elsewhere and trans- port people to the hospital. Mr. Fultz referred to the area over there and said there are dertain times during the day, on the change oflshifts, when they might have a parking problem at times. He thought there should be ways the hospital could control this and regulate the shifts coming to work. He has been there at different times and it seemed to Mr. Fultz there was sufficient parking. Mr. Fultz noticed that people are parking and crowded around certain areas around there all of the time, particularly around the hospital door, because their employees do not like to park too far away as they do not like to walk~ Mr. Fultz called attention to a vacant lot where the hospital employees are parking, which had been chained off before. He said nobOdy should be parking in the lot because it has not been rezoned for public use yet. Mr. Fultz felt there were a number of ways the hospital might look at it. He referred to the cost'it will be to the public. Mr, Fultz did not think the hospital worried too much about cost when it comes to other things, and he mentioned the money the hospital - 10 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 spent on the cafeteria. Mr. Fultz wished everyone could go there, but the cafeteria is not for public use. He mentioned the sky light and aquarium in the cafeteria and was sure it cost the hospital a "pretty penny", yet the hospital is concerned about the cost of building a parking lot. Mr. Fultz thought they probably could have used this to build a parking garage. Mr. Fultz said they were concerned nob only with traffic~but With the devaluation of their homes in that area. He stated that the traffic is always a problem. After the last Court hearing, Mr. Fultz noted that the traffic did slow down a little bit but did pick back up. He said that the streets are being Used, and it is a nice short cut when you can take 1st Street, 24th Avenue, and go right on down the way and take the short cut down 2nd to the hospital. As he said, Mr. Fultz said employees of the hospital are doing this, as well as other people who are visiting the hospital. He said they have no regard as far as speeding doWn that road is concerned. Mr. Fultz informed everyone that he was going to get in touch with Assistant City Attorney James Wolf and go over the traffic situation~.with him because he has taken down tag numbers,~looked at names, and he knows who the people are. Mr. Fultz advised that this is not new. He said the hospital.keeps saying they have no control of their people or employees. Mr. Fultz feels different about it. He works at a bank and they have control over their people. Mr. Fultz advised that if the employees in his bank do not do what the bank wants, they do not have them in their employment any more. Mr. Fultz challenged.~the hospital to come out with some other type of plan if they are concerned for the citizen, him, or anybody else living in the-neighborhood. He pointed out that they were not talking about a dozen people but about all of that property on one side. Mr. Fultz went to the overlay and indicated the areas he meant. He pointed to some lots and said he was quite sure that if any Member of the Council lived in those houses, they would enjoy having a parking lot out there witk lights, noise, and vandalism. Mr. Fa!tz called attention to the security factor involved. He showed a parcel that is in a lawsuit now and another parcel the hospital is bringing up when they have no way of getting to it. Mr. Fultz told the Council that his group was quite upset about it. They have several meetings about it with different peop-le in the neighborhood. Mayor Trauger asked Mr. Fultz if he could hurry along. Mr. Fultz thanked the Council for their attention and hoped they would see fit to deny the request. He still challenged the hospital and hoped the hospital would come out and say they would like to work with' the people and be able to come up with some other type of plan. Mr. Fultz explained that the reason he was taking up so much time was to eliminate other people from getting up and talking. - 11 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 Mrs. Boroni advised that Mr. Cassandra had a proposal to make'. It was decided that he wait until everYone had a chance to speak. Mr. J. Frederick Banting, 2414 S. W. 1st Street, Boynton Beach, showed the Council where he livss, which was adjacent to the property proposed and right off 23rd. Mr. Banting noted t~hat Vice Mayor Warnke has not been here for all of the meetings and, as he is new on the Council, Mr. Banting was quite surpried by Vice Mayor Warnke's comment saying.that he thought the .hospital's. request might hurt the property values in that immediate area. Mr. Banting knew Vice Mayor Warnke had been around long enough to know it would hurt the Property values in that area if that area was rezoned~to government use. If that area is rezoned, Mr. Banting pointed out it could be used for a parking lot like the hospital would like to right now. As Mr. Fultz just said, in the future they cOuld use that for additions to the hospital, such as housing for nurses, which Mr. Banting heard they might do in the future. He said they could use it for additional rooms fOr t-he hospital-or whatever they want to do once that property zoning is changed. It leads the way for them to use it for anything they want to. Vice Mayor Warnke remarked, "That's correct." Mr. Banting thought it was ridiculous to say it would not hurt the people in the Ridgewood Estate area if they build a parking lot or a 44 foot buildin~or.~itWouldn't hurt the people in the Westchester Heights area or the few houses in Benson Heights. To Mr.. Banting, it was just common sense. They have one individual who lives in Westchester Heights, about five houses away from him (24th Aven6e}, who has had his house up for sale for several months because of the depressed market and also because everyone who comes in wants to know what is happening to the zoning of the hospital. Nobody wants to live on top of that. Mr. Banting said they mentioned to the hospital that they could come back and make some proposals but have heard nothing. All t'he hospital has done is contradict and change plans. Mr. Banting read in the newspaper that~the hospital is in court right now say- ing they are a government body and they have as much right to over- rule the Zoning Board and City Council because they are a govern- ment body like the City of Boynton Beach is. A direct contradiction to that is that the hospital is thinking of changing from~a taxing district to a public hospital, Mr. Banting informed the COuncil. He did not really think the hospital knows what they want to do, and he did not know if the article in the paper was true but it was a quote from Mr. Robert Hill, Assistant Administrator of the hospital. What Mr. Banting was trying to point out is that there have been no consistencies in anything the hospital has said. They wanted to close S. WI 2nd Street so all the traffic would not be going through his neighborhood, Mr. Banting recalled. As soon as the - 12 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 Council voted them down about the rezoning of their property, Mr. Banting said the hospital withdrew its request for $. W. ,2nd Street. Some other people put it in, and soon thereafter, the hospital took the City to Court. Mr. Banting obserVed it was like, "If you won't do what we want to do, we'll take you to Court, and we will get our own way or else." Mr. Banting hoped the Council would take all of this into consider- ation and informed the Councilmembers that the people of Westchester Heights, Benson Heights, and Ridgewood Estates will be hurt. He said if the Council lets this go through, it could happen all over the City. Mr. Banting asked the Council why .they had to have a plan fOr zoning. In all due respect, Mr. Banting told Vice Mayor Warnke he should become more informed of just what is happening and talk to ~he people in the City who elected him instead of just some people at Bethesda Memorial Hospital. There was loud applause. Councilmember Woolley noted in Vice Mayor Warnke's opening remarks, he mentioned that he felt there were only a dozen residents that would be directly affected. She asked how many residents Mr. Banting felt would be affected. She requested a rough estimate. MrJ Banting estimated 50 to 75-~separate residences - all of Westchester Heights back. In Ridgewood Estates, not just the row of houses adjacent to the proposed parking area, but the people behind a block or two, Mr. Banting continued, because if it would hurt him, it would hurt them. Mr. Banting pointed out that they would have to have access to the parking area. He went to the overlay and.said if the hospital has their way and property he pointed to was all rezoned by the Court, the Judge would most probably clOse it off. He drew attention to the fact that the hospital will have to have an access into the area. He asked, "What are they going to do, come down 25th? That's not going to help anything." He said the hospital would like to come in from 23rd. That is the proposal. Mr. Banting asked what that would do to all the people who bought houses for $80,000 to $100,000 and more. He said it would not help their property values. Mr. Banting emphasized that the people in those neighborhoods would be taking the brunt financially of what is happening. Mr. Hill, Assistant Administrator of the hospital told him he was working for the community. Mr. Banting reiterated that 'they would be taking the brunt of it financially, and he thought it should be spread throughout the community. Mr. Banting said it was his hospital too and he uses the hospital (they had three children there), and he likes the hospital, but why should that small neighborhood take the brunt of the whole 'thing. Mr. Banting asked, "Why not spread it financially throughout the whole community or the taxing district?" He asked if it will be a tax- lng district or if it will be a private hospital. - 13 - · MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20., 1982 There was applause. Councilman deLong asked if it was not a fact that everyone within 400 feet of that particular situation was involved and concerned. He said that was the way it reads, and that was the way everybody was notified, so everybody within 400 feet was just as well affected as the people who are only a few feet away. Mayor Trauger agreed. Eugene Guertin, 2412 S. W. 4th Street, BoyntOn Beach, showed where he lives in Ridgewood Estates. He wanted the Council to know he has been there a little over two yea~s. Mr. Guertin was very careful in planning and piCking that particular lot because of the mango groves and foliage for about thirty feet behind him. 1st Court is visible from his lot. As he sa~d, Mr. Guertin repeated that he was very careful about picking that lot. He doeS ~not have the telephone pole in his lot, telePhone box, or a fire hydrant, as he did not Want any of that. Mri. Guertin emphatically said that he certainly did not want a parking lot in his backyard now and he was a little upset over this because when he picked the lot and chose Ridgewood Estates to. live in, he asked about the foliage back there. He thought there was the possibility of a street coming through from 23rd because there is a street on the north side of 23rd, but on the south side it never broke through. Mr. Guertin was told'there is about a 50 foot or 35 foot easement back there, but it was all zoned R-1AA, so he would not have to worry about it. Within~'two years, he is worried about it. Mr. ~uertin pointed out that there are not just a dozen or so residents involved in that. On his particular street alone, Mr. Guertin said there are ten houses 'that will be affected by any kind of a parking lot back there. He said that was just in Ridgewood Estates, and that was not counting across the street from him, which, also will be affected by that with the lighting, etc. Mr. Guertin did not pay a lot of money to live there and look at asphalt and car tops. There was applause. Bob Foot, 2400 S. W. 1st Street, Boynton Beach, noted that Russell T. Clayton, Administrator of Bethesda Memorial Hospital was present but Robert B. Hill, Assistant Administrator for Operations, Bethesda Memorial Hospital, was not here. Following the Planning and Zoning Board Meeting a week ago, Mr. Foot spoke to Mr. Hill in the parking lot and asked if he couldn't give something to the residents that would be comprehensive and de%ailed. Mr. Foot asked where Mr. Hill was and said they have not heard from him in a week. He asked if the Planning and Zoning office had heard from him, as Mr. Hill had said he would go to theiCity before he talked with the neighborhood to see if there was some plan that might fly. Mr. Foot asked what they were doing about gaining access to this proposed area f~rom 23rd, which would take the traffic out of the neighborhood he was concerned about. What are they doing about planning a definite buffer zone, Mr. Foot asked, with trees of all heights to protect the people of Ridgewood EStates. He further - 14 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 asked, "What are they doing in the way of fencing, lighting, and other things for security? They've had a week! They're playing games with you! They're playing games with the City of Boynton Beach. They want to get this issue past you with a negative response on your part despite Mr. Warnke's position so that they can throw this into the Court along with the. other, but aren't they playing games ~i~h~U~erms of not having exhausted administra- tive opportunities to work this out. They haven't come back with any good plan. They haven't come back with any-.plan at all! This is their chance to get a turn down here so then they can go to Court with this too." Mr. Foot hoped that the Court, through City Attorney Vance and Assistant City Attorney Wolf's efforts, woulid say the hospital did not take every opportunity to work with the :neighborhood to save the property values and, at the same time, recognize the cost of the patients and taxpayers of the whole tax :district. Mr. Foot advised that his neighborhood could not pay for the parking for the hospital. Mr. Foot was amazed at Vice'Mayor Warnke, the one who had breathed for the wealth of private enterprise, talking about how this one neighborhood should pay the bill. Councilman Wright noted that there is a hospital under, construction in Delray Beach. He asked if it would not bring some relief to Bethesda Hospital once it is open. Mr. Foot thought Mr. Clayton would be better prepared to talk to Councilman Wright. Councilman Wright thought perhaps Mr. Foot had gone beyond that and had done some research in that area. Mr. Foot said they were waiting for the hospital to come to them with something detailed and comprehensive that made sense. Mr. Foot again expressed his amazement at Vice Mayor Warnke. Councilman deLong interrupted to say the Council is not supposed to reconcile differences. They were to act on the recommendation of the Planning and Zoning Board. RObert Jolly, 2512 S. W. 4th Street, Boynton Beach, showed the location of his property' on the overlay. Mr. Jolly questioned the Council about~the hospital taking-the City ~to.Court on the other pieces of property. He said now the hospital is requesting more property, and he asked, "Are you just going to hand it over to them, or are you afraid they are going to sUe you for that also? Besides that, your Planning Board is against them (the hospital) having that property, and yet you are going against them (the Planning Board~." Members of Council informed Mr. Jolly that they had not voted yet. Mr. Jolly replied that indications were, by sitting back there (in the audience) _~hat they were going to have it. That was why Mr. Jolly "put his two· cents in." It seemed to Mr. Jolly that if the hospital~does ~ot get What they want, they will try something else; and if they.don't get that, they will sue. It seemed to Mr. Jolly that maybe the City Council was afraid of the hospital because the Council wants to~let the hospital have what they want. That was the way Mr. Jolly was looking at it - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 from where he was. Councilman Wright commented that the Council voted against ~the hospital. Both Mayor Trauger and Councilman deLong told Mr. Jolly that was why the City is in Court. Mr. Jolly retorted that yet the Council was going ahead, and the hospital will keeP going until they get what they want unless they are stoPped right away. Councilman deLong remarked, "Let's be an optimist." Nicholas Cassandra, 2554 S. W. 10th Court,. Boynton Beach, had ~ proposal which he read. The following is taken from highlights of Mr. Cassandra's proposal: "Bethesda now has 643 parking spaces and needs approximately 820 - an increase of 177. It h~s proposed to date two different acreages, and the City has countered with two different acreages with neither being agreeable to the other. So, the battle lines haVe been drawn." As Mr. Clayton, Administrator of Bethesda Hospital was present, Mr. Cassandra used his name in the proposal, and continued: "Mr. Clayton conceded that another Council denial would be added to the pending lawsuit and also that the hospital has exhausted all available administrative remedies. Mayor Trauger, I submit that a possible solutioa has been overlooked by both, and I would like to propose such a solution. At the present, Bethesda uses perpendicular parking. The space needed to pull your car out is approximately equal to 1½:,car length. Using an average length of 18 feet, you would need approximately 27 feet to pull your car out." Mr. Cassandra was in the parking lot and measured~the passage lanes. The measurement was from the back to back of cars. He described his measurements as follows: "Starting fr~m the East (Seacrest Blvd. ) and going West: Lane'#l has 36 feet and the other four lanes have 27 feet." Mr. Cassandra pointed out that was a passage lane and had nOthing to do with car spaces. He continued: "Now this is a wasted.amount of useful area. Therefore, I recon~end going to slant parking~ The amount of space needed to pullout your car is much less. The upper limit for the passage lane would be approximately 18 feet.' This gives us 54 feet inwidthof parking the length of Lane #1. I counted Lane $1. It has 52 car slots. Therefore, we would have 104more slots." - 16 - 'MINUTES -REGULAR CITY COUNCIL MEETING' BOYNTON BEACH, FLORIDA JULY 20, 1982 "In the smaller parking area, w~ also have fOur passage lanes, and I feel approximately thirty more spaces could be gotten from that. Now last, but not least, we 'have the possibility of thirty more slots on 26th Avenue. This is where the City would have to comprc~ise. The grass area could be given up, but only if needed. If I did my arithmetic .correct, we are very close, to what Bethesda needs without rezoning and buying of land. What is this going to cost Bethesda Hospital? The painting of lines; arrow showing of the one way traffic through the passage lanes; and if needed on 26th Avenue, a small retainer wall. Now, Mr. Clayton, you have stated consistently that the City should work with you. Well, here is your'chance to work with the ~ity." There was loud applause. Councilman deLong moved to follow the recommendations of the City Planner in keeping in line with the Comprehensive Plan and the recommendations of the Planning and Zoning Board and ~ej~ect this application. The motion~s seconded by Councilmember Wo011ey. Mayor Trauger repeated the motion to reject the rezoning request from the hospital from R-iAAa. to PU. Councilman deLong requested a roll call vote. As h~ said before, Councilman Wright commented that it seemed to be a greater hardship on the citizens than the hospital. He realized the hospital would like to make an improve- ment and thought they should, but not at the expense of the tax- payers. Councilman Wright thought maybe some of the people were not familiar with the report the Council had from the City Planner. Councilman Wright informed everyone that 'the City Planner mentions additional traffic, the lowering of property values, and diminish- ing the quality of residential environment etc. Councilman Wright said the report also says that there exists 4.3 acres of land right on Seacrest Boulevard that could be purchased by the hospital to accommodate additional parking facilities. He felt the Council should support the concerns of the citizens because that was what they were here for. At the request of Mayor Trauger, Betty ~Boroni, .Deputy City Clerk, took a roll call vote on the~motion as follows: In preface to his vote, Vice Mayor Warnke said this country was founded on the precept, "The greatest good for the majority of the people." Therefore, Vice Mayor Warnke said he would vote Nay. - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 Vice Mayor Warnke - Nay Councilmember Woolley - Aye Councilman Wright - Aye Councilman deLong - Aye Mayor Trauger - Aye Motion carried 4-1 tO deny the zoning request of Southeastern Palm Beach County Hospi--~ District, d/b/a Bethesda Memorial Hospital from R-1AA to PU. There was applause. Councilman deLong moved, seconded by Vice Mayor Warnke, to revert to the regular order of business. Motion carried 5~0. CONSENT ~GENDA: Matters in this Section of the Agenda are pro- posed by the City Manager for "Consent Agenda" Approval, with all of the accompanying material to become a part of the PubIic RecOrd '~ ............... Approval of Bills See List Attached HeretO and Made a Part Hereof.' List of Payments -' Month of ~June, 1982 See List Attached Hereto and Made a Part Hereof. Councilman deLong moved to approve the Consent Agenda~ item A, "Approval of Bills" and item B, "List of Payments - Month of June, 1982". Mayor Trauger explained that $20.00 was paid for an "Unabashed Librarian", which is a publication for librarians as a trade journal. A vote was taken on the motion, and the motion carried 5-0. 'B I DS City Manager Cheney said the bids were not put on the Consent Agenda tonight because they~had some unique things to them. Pipe Fittings & '©ther Accessories - Utilities City Manager Cheney informed the Council that they have not done this for some time, and he was not sure that the City ever did it. He referred to buying a lot of individual pipe fittings, etc. for repair work that the City does, so they are trying a six month bid to get all of the supplies together, and the City thinks they can save a substantial amount of money through this process. If they like it, they will qo back to bid again in six months. The commitment is that ~thes~_.supp~i~rS~ will supply these things for six months at this price, and they will not raise the price on them, City Manager Cheney advised. He said it was just recently done with hardware material, and it is paying off. - 18 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 City Manager Cheney said it was recommended that the bids be awarded for the individual pieces, as circled for each part, on the tabulation sheet. He made one suggestion. City Manager Cheney said the front page showed the total amount of the budget, which was the total for purposes of pipes, supplies, and materialS in general in the Utility Department, not for these small items of bid. 'He informed the Council that there is no way of predicting precisely what you would be buying in these small items because they do not know how many breaks, etc. the City will have during the year. City Manager ~Cheney said it gives the City the ability to go to the suppliers and have the prices fixed at today's prices. With those remarks by the City Manager, Councilman deLong moved to accept ~the TabulatiOn Commit~tee's recommendation and~the bids .from the various bidders as indicated and, as usual, that these recommendations be made a part of the Public Record. Council- member Woolley seconded the motion, and the motion carried 5-0. Pence Park Well & PUmp System -Recreation City Manager Cheney told the Council it was recommended that this. bid be rejected because it is too high. He said they will try some other way of accomplishing this project. Councilman deLong moved to approve the recommendation to reject the bid, seconded by Councilmember Woolley. Motion carried 5-0° Wells 17, 18/ 19, 2'0, '21, 22 and Raw Wa~er Main - Utilities City Manager Cheney informed the Council that this was for six new wells on what is known as t.he "Jarvis Property", which is just west of 1-95, just south of Woolbright, and is a part of what is also known as the Boynton Industrial Park. City Manager Cheney said the City already has two wells out there, and these six will put an eight well well-field on that site. He further said these six wells will complete the well drilling for the existing water plant. Mayor Trauger questioned the price. City Manager Cheney informed the Council there are two bids. One is for wells and the amount of well drilling in the amount of $634,068, which they recommend be approved. City Manager Cheney advised that they were recommending that the low bidder on the bid for the piping, which ties the wells together, not be accepted but that the second low bidder, E. N. Murray, be accepted in the amount of $93,688.80. Although it was $4,800 over the low bid, but the recommendation was the product of some problems with the low bidder in completing and complying with the City's requirements two or three years ago, City Manager Cheney explained. He Said a ~03nmen~at~i~_~ .~asmade~at that~time-that the<.City very carefully consider that they not consider bids from Barile any more. - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 City Manager Cheney said the City has had very good luck with E. N. Murray, and they think in spite of the $4,800, the Council should 'go with the second bidder because the City feels, in the long run, it will be better served. Councilman deLong moved to accept the recommendations of both the City Manager and the Director of'Utilities. Hebelieved Russell & Axon is involved in it. City Manager Cheney advised that Russell & Axon was not quite as firm on the low bidder projection on the wells but that was the City's issue more than Russell & Axon's issue. Vice Mayor Warnke ~seconded the motion. Mayor Trauger repeated the motion to accept the recommendations of both the City Manager and the ACting Utility Director to award the bid to Reynolds-Mason Company, Orlando, FlOrida~ in the amount of $634,068, and to reject the low bid of Barile Excavating and Pipeline Company, Inc. and accept instead the bid of E. N. Murray in the amount of $93,688.80, as supported by. the recommendations of the City Manager and the Utilities Director. Councilman deLon, g asked City Manager Cheney if this was going to be on the Jarvis property. City Manager Cheney replied, "Yes." Councilman deLong thought we were moving west on account of salt water. After these six wells, City Manager Cheney told him the City will then move west. He said these are the last six wells for the existing water plant, but these are on the west side of 1-95 'and'on the tracts where we don't have salt water. Councilman deLong raised the question because there was quite a discussion a few years ago about the salt water intrusion. He referred to a lot of the canals coming in and out to the ocean. City Manager Cheney advised this was consistent with the Master Plan and should not be a problem. Councilman deLong hoped they know what they are doing. With no further discussion, the motion carried 5-0. DEVELOPM~/qT PLANS Preliminary Plat Extension Request for additional six months - Congress High point (.postponed from 7/6/82 Meeting) Mayor Trauger referred to the request from the DevelOper for a temporary one month extension until the August 17, 1982 Council Meeting. Councilman deLong noted there were recommendations from both Carmen Annunziato, City Planner, and Perry Cessna, Director of Utilities, and some stipulations. He moved approval, subject to the comments. Councilman wright pointed out that these were the comments shared at the last meeting. Mayor Trauger advised that the comments were shared at the last meeting and were not accepted yet because the developer's principal will not be back until August 17. Mayor Trauger said the Council had given the developer until this meeting to act. CounCilman deLong recommended that they postpone it, and he moved to postpone the request of Congress High Point, as stated in their letter of July 14, 1982 - ~ ~ - 20 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 until August 17, 1982, seconded by Vice Mayor Warnke. Motion carried 5-0. RequeSt for .Excavation and Fill Permit - Phase II Sky Lake - SE corner of Boynton Canal and E-4 Canal Tim Cannon, AssiStant City Planner, said this was a request for an excavation and fill permit for Sky Lake Plat II SUbdivision. The request was reviewed by the Technical Review Board, which recommended approval of the excavation and fill permit. Mr. Cannon said the permit is to allow clearing of the construction site, creating of fill areas, seeding and mulching of the lake slopes, and installation of a fence to control drifting sand. Mr. Cannon told the Council that approval is recommended,-subject to a bond for surety in the amount of $20,000. There was a memo from Tom Clark, City Engineer, dated July 14, 1982 to that effect. Councilman deLong moved, seconded by Councilmember Woolley to approve the request for excavation and fill permit - Phase II Sky Lake - SE corner of Boynton Canal and E-4 Canal. The motion carried 5-0. Preliminary Plat Approval Request - Sky LakePlat II to construct 82 single family lots, a lake and recreational facilities located north of Old B~oynton Road and ~EaSt' of E-4~Canal Mr. Cannon presented the preliminary plat, which was on two sheets. He said Sky Lake is located north-of Old Boynton Road. Mr. Cannon showed the Boynton Canal, which runs south of the plat, and the E-4 Canal, which runs on the west side of the plat. Mr. Cannon said this preliminary plat comes to the Council with a unanimous, positive recommendation from the Planning and Zoning Board subject to staff comments. In addition, the Planning and Zoning Board that~the land value for Recreation and Parks dedication purposes be set at $22,252.93 per acre, based upon the appraisal submitted. Mr. Cannon read the staff comments, as follows: Engineering Dept. "The T.R.B. (Technical ReviewBoard) recc~mends approval subject to the following: Utility Dept: Subject to correction of Detail Sheet to City Standard. Charles Frederick required an appraisal which I under- stand is in yourpossession. The cost estimate is $624,244. Additional copies of the plat will be forthcoming in a day or so." - 21 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 Mayor Trauger asked if there was a representative who wished to speak on this. There was no response. Councilman deLong attended the meeting of the Planning and Zoning Board and was of the opinion ~his was, more or less, acceptable. He moved to accept the unanimous recommendation of the Planning and Zoning Board that the preliminary plat be approved, subject to staff comments. In addition, the Planning and Zoning Board recommended that the land value for Recreation and Parks dedication purposes be set at $22,252.93 per acre, based on the appraisal submitted, which Councilman deLong also included in the motion. The motion was seconded by Councilmember Woolley. No discussion. Motion carried 5-0. Site Plan Approval - Southeastern Palm Beach County Hospital District to remodel 13 Ancillary Departments of Bethesda Memorial Hospital and Parking Lot Modification Mr. Cannon said the site plan comes to the Council from the Planning and Zoning Board with the unanimous positive recommenda- tion that it be approved, subject, to staff comments. Tim Cannon, Assistant City Planner, said the site plan basically consists of the addition of about 11,000 square feet of floor area at the hosPital, and most of these additions are along the western and the southern edges of'the hospital. Mr. Cannon said the hospital is remodeling 13 departments which occupy exiSting floor space in the hospital. Furthermore, the hospital is improving the parking lot, landscaping, lighting, and drainage. Mr. Cannon read the staff comments with respect to this site development plan as follows: Building Dept.: "$idewalk requiredon S. W. 26thAvenue." Mr. Cannon clarified that this was the south side of S. W. 26th Avenue. Tc~ Clark, City Engineer: "1. Soakage pits to be designed to contain all run off from the first hour of a three year storm, i.e., 2.65 inches. C~lculations are wrong. 2. Top elevations of drainage structures are required. 3. A registered Florida Engineer is required to do the drainage ~ design." In view of Mr. Nick Cassandra's proposal, Mayor Trauger asked if they ever looked at the redeSign of the hospital's parking lot to that view of slant parking when they were going over- the plans. Mr. Cannon ~answered that they c~ecked the dimenSions of the hospital's aisles to make sure that theymet the minimum standard of the City's Parking Lot Construction Code. They either met or exceeded the standards, so Mr. Cannon said the 'st&ff did not look into it further or try to redesign the parking lot. Councilman deLong moved to accept the site plan approval, subject to staff comments. The motion was seconded by Cou~cilmember Woolley. - 22 - 'MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20~ 1982 Mr. C. assandra asked if the Council was approving perpendicular parking. Mayor Trauger explained that the plan was being approved as established, and the hosPital could make a modification by coming back through the City. In reading over the City Engineer's Memo dated July 6, 1982, Councilman deLong read, A registered Florida Engineer is required to do the drainage design." He asked if this was something new. City Manager Cheney said the City was not going to design it for them, and any design of this' kidd, where you have to .meet the standards of South Florida Wate~ Management 'District, should have someone who is locally based, ~°Uncilman deLOng said he had not noticed this before. City Manager Cheney pointed out that most draingage projects are do~e by ~lorida resident engineers who. are locally based.. He suspected t.hgt the problem here is that the hospital has an architect who is not locally based, and it has to be confirmed by that. A vote was taken on the motion, and the motion carried 5-0. With the changes the hospital, i~ making in the parking lot, Mr. J. Frederick Banting, 2414 S. Wl 1st Street, Boynton Beach, asked if this would reduce the numbe~r-of spaces the hospital presently has. Mr. Cannon believed it ad~ed and thought perhaps someone from the hospital could answer ~he question better.. He knew that it conformed to the presen~ parking requirements, as stated in the Zoning Ordinance. Mayor the hospital to answer the quest James Schiller, Director of Eng~ Hospital, advised that the hosp~ spaces by 60. Councilman Wrigh~ Mr. Schiller replied, "Yes," an~ of the parking lot and complyin! Site Development Plans Approval graph Company to Construct a Ne~ plus Parking 'Lot Modifications Assistant City Planner Tim Cann~ Council with the unanimous posi- and Zoning Board, subject to st~ site plan and informed the Coun~ Neptune Drive, and Congress Ave] ~Trauger requested someone from ~ion. .neering, Bethesda Memorial .tal has increased the number of asked, "In this request here? said it was due to restriping with the latest Codes. -.Southern Bell Telephone & Tele- ~ 'Office and Storage Building ~'t 1400 Neptune Drive ~ )n said th~ site plan came to the ~ive recommendationby the planning ~ff comments. Mr. Cannon showed the ~il~ that the site is located on ~ue is about 600 feet to the west. He said there are only two smal~ b~ildings going on the site, and 'they are two prefabricated buildings. One will be fOr storage and one for office space. Mr. CannOn further informed the Council that Southern Bell is adding 20,000 Squarefeet of pavementforthe'entrance0f storage equipment and additional employees' parking along the northern part of the site. Mr. Cannon read the staff comments with respect to the development, as follows: - 23 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 "Dimension parking consistent with Cbde." Mr. Cannon said there are some mistakes in dimensioning the aisles and stalls that they found. To meet the Code, Mr. Cannon believed they could just move some lines around. Building Dept. (Bert J. Keehr, Deputy Building Official): "1. Water Management Approval will be required.2. Sidewalk on Neptune Drive will be required. 3. Parking aisles do not meet the parking ordinance specifications. 4. Office building must meet handicap codes." Tom Clark, "1. City Engineer: Calculations for drainage should show that the run- off from the first hour of a three yes~ storm can be contained on site. 2. The water table and results from percolation tests should be shown." Fire Dept. '~ire Dept. requirements are as follc~s: (Dave Crockett, Executive Officer): Hydrants necessary, two each: 1 each at each gate to the property." (Mr. Cannon clarified that specifically, two hydrants are required, one at each gate to the property. This is so that all parts of the property can be reached.~ He said the whole ~property will be fenced in, so in order to get access, you would need one at each entrance.) Fire'Dept. "Fire ExtinguisherinT~mporaryOffice structure requires (Cont.) l'101b, portable ABCfireextinguisher." Councilman deLong injected that there was quite a discussion at the Planning and Zoning Board Meeting as to the necessity for the sidewalk. They did not believe that there was a necessity for a Sidewalk. He called Simon Ryder, Chairman of the Planning and Zoning Board, forward. Chairman Ryder did not recall any opposition to it. Councilman deLong asked Mr. Cannon if he recalled it. He answered that the City Sidewalk Ordinance requires that, in a development like this, they put a sidewalk along the front of the building, Councilman deLong asked Mr. Cannon if he recalled the discussion at the Planning and Zoning Board Meeting, where they did not feel there was a necessity for a sidewalk in that particular area. Chairman Ryder did not recall anything like that. Mrs. Ramseyer, Recording Secretary, tried to call Councilman deLong's attention to the f&ct that it was the Community Appearance Board, not the Planning and Zoning Board Meeting, where the discussion took place. City Manager Cheney hoped that where sidewalks are required, they are put in. As soon as you do not require it, everyone will want an exception, City Manager Cheney advised. Councilman deLong was raising the question so the City would know where it stands. He did not see a recommendation against it. - 24 - MINUTES - REGULAR CITY COUNCIL MEETING -BOYNTON BEACH~ FLORIDA JULY 20~ 1982 As COuncilman deLong attends the meetings and was pretty certain that he understood what was said. Chairman Ryder reiterated that he did not recall that. Councilman deLong~ did not think it was at the Community Appearance Board Meeting but at the Planning and Zoning Board Meeting that the question was raised. Chairman Simon Ryder, Planning and Zoning Board, stated that he would never consider that. Shortly after he came here, some years ag0, 'Chair- man Ryder recalled that he appeared before the Council and recommended that an ordinance be passed so that from ~ow where a structure is built, a sidewalk is built. Councilman deLong sponsored the ordinance. Chairman Ryder repeated that~ he did not recall any such question. As a retired employee of Southern Bell, Vice Mayor Warnke felt he should abstain from voting. City Manager Cheney asked City Attorney Vance if Vice Mayor Warnke could abstain. City Attorney Vance advised that Vice Mayor Warnke could nOt abstain. Vice Mayor Warnke moved to approve the site development plan, subject to staff recommendations. The motion was seconded by. Councilman deLong. Motion carried 5-0. Site Development Plans Approval submitted for Glenhurst Developments, Inc. by Howard E. McCall to construct a four story 35,259 Sq. Ft. building, plus 118 parking stalls located.at West Ocean Drive, East ~of Congress ..................................... Before getting into this plan, City Attorney Vance commented that if the Council approves the plan, they will ~eed to approve the request for the 5.'5 foot height exception to accommodate the construction of an elevator shaft under Section 4F, ~Height Limitations and Exceptions,,'paragraph 3, Boynton Beach Code of Ordinances, Appendix A, based upon the criteria contained therein. He said that needed to be added to the motion. Tim Cannon, Assistant City Planner, said the site plan comes to the Council with a unanamious recommendation from the Planning and Zoning Board, subject to staff comments. The Planning and Zoning Board also recommended approval of the height exception of 5.5 feet above the 45 foot limit for the air-conditioning equip- ment and the elevator equipment. Mr. Cannon said the plan is located on West Ocean Avenue, about 300 feet east of Congress Avenue. He ~told the Council that left on the picture was north and the top of the slide was east. He pointed out Congress Avenue. Presently, Mr. Cannon said, the land immediately to t~he west is vacant, then there is a bank and restaurant right along Congress Avenue. City Manager Cheney interrupted to inform the Council that it is adjacent~to~the Ranch House and behind Florida National Bank. Mr. Cannon said Leisureville Plaza is kitty-cornered to the northwest from this site. Simon Ryder, Chairman of the Planning and Zoning Board advised that it was immediately south of the bowling alley. - 25 - ~MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 Mr. Cannon informed the Council that the office complex would consist of three phases. As they have under building parking, he said the slide might be confusing. The parking stalls are under- neath the buildings. There will be three buildings, and Mr. Cannon showed the three phases, which are joined by walkways (one at each level). Mr. Cannon said the site plan approval was specifically approval of the first phase and for 11-8 parking spaces to go along with the first phase. Mr. Cannon showed an elevation of the building and the building. He showed the three phases and the walkways. Mr. Cannon pointed out the elevator shafts where the height exception is needed. He said the building had some ~extUre to it. At the different levels, Mr~ Cannon said there are differences to the extent to which the building projects out, so there is some texture to the building, and it is not just a big box. Mr. Cannon read the staff comments, as follows: Police Dept. "Subject to t~affic oontrol signs and lighting (Security & Lot)" City Planner: "Lot coverage not toexceed40%." Mr. Cannon said they dimensioned off the lot coverage of the three buildings of all three phases and found it to exceed 40%. He wanted the Council to know that the site development plan was only for approval of the first phase. Building Dept ~ (Bert J. Keehr, Deputy Building Official): "1. Water Management approval will be required. 2. All structures over. forty-five feet (~45'~) will need a height exception. 3. This depar~ent will require calculations on maximum land coverage. 4. West elevation shows openings to be in excess of that pe~nitted by the Standard .Code." Engineering Dept. (Tcm Clark, City Engineer): "1. Calculations should indicate tb~t the first hour of runoff frc~ a three year storm is retained on site - not the first one inch of runoff. 2. A recent survey of the property by a registered land surveyor is required. 3. Elevations of adjacent property should be shown on site plan along with existing elevations on site (MSL datum)." (MSL datum means Mean Sea Level data.) "4. In_let .structures for french drains shxDuld be further identified as type ~C''~ as !modified or larger. 5. Pavement near the turnouts should have elevations indicated to keep water on site. · 6. The water table level is needed to verify configuration of the french drain as noted in the calculations." - 26 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 Fire Dept. (Dave Crockett, Executive Officer): "Fire Dept, requirements are as follows: Water supply can be either independent 6" fire line or 8" comb'~nation fire & domestic water m~no Please see Mark Law, Utility Dept., for specifications. Utility Dept. (Mark G. Law, Utilities Systems Supervisor and Acting Utilities Directorl: "It is the recoa~nendation of the Utilities Department that the above project be served by a looped water system. O~e connection being on Ocean Drive. That connection will be into the 8" water main. The .other connection would be at the southwest corner of Fairlanes Bowling Alley. This connection would be to the existing 6" water main. The size of the ~internal line for the-office complex should be detemnfuned by the Fire Depa~-h~ient, depending upon the fire flow requirements and their stan_d_~rds." Public Works (Richard S. Walke, Director of Public Works): "The proposed site plan does not allow proper access for sanitation vehicles to maneuver to trash containers. Public Works Department should be consulted prior to resubmitting new plans." Councilman deLong moved to accept the unanimous recommendation of the Planning and Zoning Board and approve the site development plans for Glenhurst Developments, Inc. and also the recommendation for a height exception of a 5.5 feet to accommodate the construc- tion of an elevator shaft and air-conditioning equipment in compliance with the provisions of Section 4-F, "Height Limitations and Exceptions," paragraph 3, Boynton Beach Code of Ordinances, Appendix A, based upon the criteria contained therein. The motion was seconded by Councilman Wright and carried 5-0. Announcement re Three Annexation Petitions, Introducing Annexation Petitions - Requested by City Manager Peter Cheney City Manager Cheney passed out three applications for annexation into the City. He said they are identified in the annexation pending annexation map. City Manager Cheney informed the Council that one is the Boynton Beach Mall proposed annexation, which would be the DeBartolo Mall. He said the other would be two out parcels which are adjacent to and a part of the Mall property. City Manager Cheney advised that the third one was an annexation from First Federal Savings and Loan Association of Lake Worth for an office complex, which is also a part of what they had originally considered the Mall property. It is one of the front pieces of 12 acres. City Manager Cheney said the City received the applications for annexation and the checks that go along with them. Mayor Trauger asked how much they were. City Manager Cheney replied that they were $600 per application, or $1,800. - 27 - rMINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 City Manager Cheney re.commended, as with previous annexation appli- cations, that the Council refer the applications to the City Planner fOr the normal processing of annexation applications - Planning Board Review, Board of County Commissioners Review, Ordinances, Resolutions, and all of those things that along with them. Councilman deLong moved that the applications be accepted and that they be sent on the usual course of annexation procedure. motion was seconded by Councilmember Woolley. The City Manager Cheney remarked that the City has been waiting a long time for this, and he showed where it would be located on the map. He stated that all of the purple on the map was land pending annexation, and the City is finally achieving sensible annexation along the west side of Congress Avenue. A vote was taken on the motion, and the motion carried 5-0. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 82-20 Re: Amending Section 140 of City Charter ........................................... City Attorney Vance read proposed Ordinance No. 82-20 by title only. on second reading: "AN ORDINANCE OF THE CITY COUNCIL OF q~E CITY OF BOYNTON BEACh, FLORIDA, AMENDING CITY ~ SECTION 140 BY REPEALING SAID SECTION ENTITIRD 'SUPPORT FOR F. TRCTION OF COUNCIIk45~ BY PERSONS CDNNECTED WITH CITY GOVE~b~NT PBOHIBITED'; PROVIDING A REPEAL CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Mayor Trauger asked if anyone in the audience wished to speak in favor of the proposed Ordinance. There was no response. Mayo~-- Trauger then asked if anyone wished to speak in opPo'sition to the proposed Ordinance. There was no response. Councilman deLong moved to adopt proposed Ordinance No, 82-20 on second on second and final reading. Councilmember Woolley seconded the motion. At the request of Mayor Trauger, Mrs. Boroni; Deputy Clerk, took a roll call vote on the motion, as follows: Vice Mayor Warnke - Aye Councilmember Woolley - Aye Councilman Wright - Aye Councilman deLong - Aye Mayor Trauger - Aye Motion carried 5-0. - 28 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 PropoSed Ordinance'No. 82-.21 Re: Prohibiting Overnight Docking of Boats at Ramps, 'COveS or ©ther. ~eas of Boat~ 'Pa~rk ......... City Attorney Vance read proposed Ordinance No. 82-21 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 16 'PARKS AND RECREATION' DMSION 2 'CONDUC~ REGULATED' BY ADOPTING SECTION 16-59 'OVERNIGHT BOAT DOCKING PNDHIBITED' AND ADOPTING SECTION 16-60 'ESTABLISHING HOURS OF. USE AT CITY BOAT CLUB PARK;' PROVIDING FOR A SAVINGS CLAUSE; PROVIDING AUEHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTMRR PURPOSES." Although City Manager Cheney knew some people wanted to speak, he thought it might make some sense if he read the two suggested changes to the Ordinance. He read as follows: "It shall be unlawful for any persons to c~¥~ overnight on the grounds of Boat Club Park or to dock their boats on the shore- lines or ramp area of said Boat Club Park either overnight or on a permanent docking .basis." City Manager read the other section: "The Boat ClUb Park shall be closed at 10:00 P. M. to all persons, except for fishermen and boaters actively engaged in fishing or boating or preparation thereof and official penmit b~lders utilizing the boat club building, and it shall be unlawful for any, except the enumerated persons to enter said park between the hours Of 10:00 P.M. and dawn of the next day." Mayor Trauger believed Mrs. Barbee had a question. Judy Barbee, 2205 N. E. 4th Street, Boynton Beach, stated that since City Manager Cheney clarified the Ordinance, she would agree with what it is going to be. 'City Manager Cheney asked her if 10:00 o'clock was OK. Mrs. Barbee replied, "10:00 o'clock is fine. City Manager Cheney called attention to the fact that if you are fish- ing, it was no problem. Mayor Trauger asked if anyone wished to speak' in favor of the Ordinance. There was no response. Mayor Trauger a~d if anyone wished to speak in oppo'siltion to the proposed Ordinance. There was no response. Councilman deLong moved to adopt proposed Ordinance No, 82-21 on seconded and final reading, seconded by Councilmember Woolley. At the request of Mayor Trauger, Betty Boroni, Deputy Clerk, took a roll call vote on the motion as follows: Councilmember Woolley - Aye Councilman Wright - Aye Councilman deLong - Aye Mayor Trauger - Aye Vice Mayor Warnke - Aye MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 Motion carried 5-0. Proposed Ordinance No. 82-22 Re: Repealing Section 15-3 and Section 21-17 of City. Code of Ordinances - Handbills City Attorney Vance read proposed Ordinance No. 82-22 on second and final reading by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMenDING CFJtPTER 15 'OFFENSES, MIS~IANEOUS', SECTIC~ 15-3 'CIRCLU3tRS, THROW AWAYS AND HANDBITI~q; DISTRIBUTION'; BY REPEAI.TNG SAID SECTION AND AMENDING CHAPTERS 21 'SIGNS', S~CTION 21-17, 'CIRCULARS, THROW Ak~kYS AND HANDBI?.Lq, DISTRIBUTION PROHIBITED' BY REPEALTNG SAID SECTION; PNDVIDING A REPEAL CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AUTHORITY TO CODIFY; PRO- VIDING AN EFFECTIVE DATE AND FOR OR~ER PURPOSES." Mayor Trauger asked if anyone in the audience wished to speak in favor of the proposed Ordinance. There was no response. 'Mayor Trauger asked if anyone Wished to speak in opposition to the pro- posed Ordinance. There was no response. Councilman deLong moved to approve proposed Ordinance No. 82-22 on second and final reading, seconded by Councilmember Woolley. No discussion. Mayor Trauger requested Mrs. Boroni, Deputy Clerk, to take a roll call vote on the motion, as follOws: Councilman deLOng - Aye Mayor Trauger - Aye Vice Mayor Warnke - Aye Councilmember Woolley - Aye Councilman Wright - Aye Motion carried 5-0. Proposed Ordinance No. 82-16 Re: Amendment to Appendix A, 'SeCtion 8Al'a - M-~i IndUStrial ~Di~strict Councilman deLong moved to postpone action on propoSed Ordinance No. 82-16 until the next Council Meeting. The reason COuncilman deLong was asking for the postponement was because there have been some very important additions that would make this Ordinance more powerful to people who are opposed to it that was not included in the drafting of the present Ordinance. Councilman deLong wanted to give the City Attorney, in conjunction with the City Planner who will submit these recommendations, an opportunity to be able to compile the new Ordinance. City Attorney Vance asked if that would be the meeting of August 3rd, 1982. With City Planner Carmen Annunziato away on vacation, City Attorney Vance said it may be a "little tight" to make August 3rd. Vice Mayor Warnke seconded the motion. - 30 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 City Manager Cheney called attention to the fact that some people wanted to speak and asked the Council if they wanted to postpone that too. Mayor Trauger asked the Council if they wished to hear the people now. Councilman deLong did not think it Would be to any advantage. He referred to Mr. A. Clyde Worrell having a certain matter insofar as the distance is concerned, and Mr. Worrell was satisfied with the distance which is not inCluded in the Ordinance but will be included in the Ordinance at the next meeting. Mr. A. Clyde Worrell, 915 North Palm Trail, Delray Beach, came forward. Councilman deLong commented that when you postponej or ~ou. lay the question on the table, and it is undebateable. Mr. Worrell informed the Council that he'owns industrial property on Neptune Drive in South Boynton, off of Congress Avenue, and he had several questions. It was Mr. Worrell's understanding that this Ordinance that was passed on first reading is supposed to eliminate the building of trusses on industrial 'property. Yet, the doCument that Mr. Worrell received from the City Clerk's office does not say anything about the elimination of trusses being built on an industrial property. When Mr. Worrell started inquiring about this, there was an article after..the meeting of-JUne 1st where it did say that an Ordinance was passed on first reading that would eliminate the use of trusses being built in M-1 zoning. Mr. Worrell asked if this was the case and if this was the Ordinance in essence. As he tried to explain, Councilman deLong replied that this Ordinance that has been presented on firs% reading is insufficient, and it seemed as though City Planner Carmen Annunziato was not contacted when the Ordinance was in the process of being drafted. Councilman deLong~advised that the City Planner has come in with some. good suggestions, and #1 was that these truss plants would have to be 500 feet away from the residential area. He thought Mr. Worrell was in agreement with that. Mr. Worrell had no ~objection to that. That was the thing Councilman deLong was trying to tell Mr. Worrell, and that was why they were delaying and postponing the Ordinance so that the City Attorney could incorporate that into a final ordinance that the Council will adopt on second reading. Mr. Worrell wished to read a letter he wrote to City Manager Peter Cheney. Councilman deLong in'formed him that the Council had read it, that it was about Mr. Worrell going to start legal suit in case it..(~he Ordinance)~goes through. Mr. Worrell told Council- man deLong that the letter explains his position. Councilman deLong informed Mr. Worrelt that the Council was not going to take any action now on the Ordinance he was talking about. Mr. Worrell retorted th~t-~i%h~y'w~re-.liable-~t0-takeaction while he is on vacation. Councilman deLong argued that the Council is going to take action on an Ordinance that Mr. Worrell is in agreement with. - 31 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 As long as the Ordinance is not eliminating roof trusses in an industrial zone, Mr. 'Worrell was in agreement. Councilman deLong said they would be eliminated if they were not 500 feet away from residential. Mr. Worrell pointed out .that it does not say that in the first reading. That was what Councilman deLong was trying to say, that the CoUncil was going to come in with an ordinance that woUld be to Mr. Worrell's liking. Mayor Trauger thought they should let Mr. Worrell read his letter. Mr. Worrell read his letter dated June 9, 1982, addressedto Mr, P~ter'~Ch~neyy City Manager~ objecting to:_~he-p~'oposed~change_andreferring to future p~ans.:for~existing industrial property. Mr. Worrell's letter referred~to a newspaper article in the Sun Sentinel on June 2nd that made a statement about the elimination of trusses in an M-1 zone, which was written by Stephen J. Cohen. If that article is correct, Mr. Worrell advised that he protests it. If Mr. Worrell was talking about his industrial area, Councilman deLong told him he had no worries whatsoever insofar as the way the new Ordinance will be presented because there is no residential in his area at his present location. Councilman deLong said there is no residential around it at all. Mr. Worrell called attention to the fact that the Planning and Zoning Board had a meeting, and if you do not get the Palm Beach Post, you do not know about it. He got the Ordinance that was passed on first reading from City Hall, and it said nothing and does .not-eliminate anything regarding millwork and lumber yards. In fact, Mr. Worrell said it did not say anything about this. Mr. Worrell has been-concerned about this, and said the Council has not done anything but confuse the whole issue. Councilman deLong reminded Mr. W0rrell that he tried to explain to him this evening that this Ordinance was insufficient. He asked the City Attorney if the City Planner had been in touch "No" Councilman deLong's presence with him, and the answer was, . a~ the meeting of the Planning and Zoning Board the other night was sufficient, from the information he gathered, to'shOe ~there. was a lack of coordination there, and that the City Attorney and City Planner should get together before the Ordinance is acted upon. That was why Councilman deLong was making the motion now to post- pone it until the Ordinance could carry what is meant. Mayor Trauger asked, since Mr. Worrell said he would be out of town until the 17th,~ if the COuncil would have any problem post- poning the Ordinance until the meeting of the 17th. City Attorney Vance said it would be no problem. It was agreeable to Councilman Wright and Councilmember Woolley. Councilman deLong amended his motion to amend the second and final reading of proposed Ordinance No. 82-16 until the meeting of August 17, 1982 of the City Council. Vice Mayor Warnke, who seconded the original motion, agreed to the amended motion. A roll call vote on the motion was taken by Mrs. Boroni, Deputy Clerk, at the - 32- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 request of Mayor Trauger: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Motion carried 5-0. Aye Aye Aye Aye Aye Ordinances -ist Readinq Proposed Ordinance No. 82-15 Residences and B~usinesses Re: Building Numbering on all City Attorney Vance read proposed Ordinance No. 82-15 on first reading, by title only: "AN ORDINANCE OF THE CITY ~IL OF THE CITY OF BOYNTON BEACH~ FLORIDA, AMENDING CHAPTER 15, OFFENSES-MIS~qLTANEOUS, BY ADOPTING SECTION 15-16 PROVIDING FOR MANDATORY STREET NUMBERING OF BUILDINGS; PROVIDING A SAVINGS- CLAUSE; PROVIDING AN EFFECTIVE DATE; PROVIDING AL~fHORITY TO CODIFY AND FOR fYI~ER PURPOSES." Councilman deLong moved the adoption of proPosed Ordinance No. 82-15 on first reading only, seconded by Councilman Wright. Under "Section 1", Sectio'n 15-16", Vice Mayor Warnke noted that the second line reads, ~"haVing a ~building With ~the city limits." Vice Mayor Warnke reqUested that it be corrected to read, "having a building within the city limits." City Attorney Vance concurred with the corr'eCtion. Mayor Trauger called attention to the fact that many people use house numbers that are written out. He asked if that fall~ with- in the Ordinance or if they all had to be numerical and a particUlar size. Vice Mayor Warnke replied that they had to be legible. Mayor Trauger asked how the city.would police this. the Ordinance says: He noted "The Fire Deparh~nt and Police Depa~-~nt %rith the aid of 'other City Departments 'shall establish'and maintain a map of, the City, 'reflect- '_~ng the numbers on buildings herein provided." He asked'how the City would police this if somebody does not comply. City Manager Cheney asked City AttOrney Vance if it would be enforced by the Codes Enforcement Board. City Attorney Vance replied that it could be enforced by the Codes Enforcement Board. Mayor Trauger .asked how you would know and if you-would have to go and inspect every house to see if it has a number on it or not. City Attorney Vance suspected it would be sort of a long term thing, which would be spotted by the Fire Department or Police. - 33 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 Councilman Wright thought the Police had enough to do. Mayor Trauger referred to someone who does not want anyone to know where she lives. Vice Mayor Warnke pointed out that the ambulance cannot find houses when they do not have numbers. Councilman deLong determined that Mayor Trauger sponsored the Ordinance. A roll cai1 vote was taken by Mrs. Boroni, Deputy Clerk, at the request of Mayor Trauger: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Aye Aye Aye Aye Motion carried 5-0. Pro'posed Ordinance No, 82-19 Re: Amending Code Enforcement Board Ordinance changing number of members, etc. ~postponed from 7/6/82 Meetingl ~' .................... City Attorney Vance-was assured that the Ordinance now has been changed to show two Alternate Members. He read proposed Ordinance No. 82-19 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BF2k(/4, FLORIDA, AMENDING CHAPTER 2 AhMINISRATION, ARTICLE V, CODE ENFO~ BOARD TO COMPLY WITH CHAPTER 82-37 OF ~ LAWS OF FLORIDA, BY AMENDING S~CTICN 2-74 TO PRDVIDE FOR A SEVEN (7) Mt~4BER CODE ENFORC~4ENT BOARD RATHER THAN SIX (6) AND PJ~QUIRIlqG TWO ALTERSLATES; AMENDING SECTION 2-77 TO PROVIDE ~/qAT THE BOARD SHALL MERT AT T.F.~T EVER~ TWO (2) MONTHS AND TO PROVIDE AT TRAST FOUR (4) M~BERS OF ~ ~k%~D~ BOARD MUST VOTE FOR ANY ACTION FOR IT TO BE OFFICIAL; AMENDING SECTION 2-79 TO PROVIDE FOR THE MAXIMDM FINE TO BE TWO HUNDRED AND FIFTY DOT,T,A_lqS ($250.00) PER DAY RAT~.R THAIq FIVE HUNDRED DOLLARS ($500;00) PER DAY AND TO AT..TOW FOR ENFORC~4ENT BY ASSESSING LT~]S AGAINST PROPERTY OTHER THAN THaT PROPERTY WHICH ~4E VIOLATION OCCURS ON. AS WELL AS ENFOR~ AGAINST THE VIOLATOR EVEN IF HE IS NOT THE OWNER OF THE IAND 'ON WHICH 5~E VIOLATION OCCURS;--. ENACTI/~G S~CTION 2'79.5 TO DESCRIBE THE DURATION OF THE LI~N; AMENDING SECTION 2-80 TO PROVIDE THAT THE METHOD OF REVIEW OF THE BOARD'S ACTION SHALL BE BY APPEAL RATHER EHAN CERTIORARI;. PROVIDING A REPEAL CLAUSE; P~DVIDING A SAVINGS CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance No. 82-19 on first reading, seconded by Councilmember Woolley. No discussion. At the request of Mayor Trauger, Mrs. Boroni took a roll call vote'on the motion: Councilmember Woolley - Aye Councilman Wright - 'Aye - 34 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1983 Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Motion carried 5-0. Mayor Trauger asked if the Council wished to consider the two vacancies tied in with the Ordinance now or take the matter up later. City ~ttorney Vance advised that the Ordinance had to be adopted first. He suggested that the Council could be thinking about the vacancies. City Manager Cheney informed the Council he would list it on the next Agenda for appointments. Proposed Ordinance No. 82-23 Re: Decals Fee for Replacement Beach Mayor Trauger read proposed Ordinance No. 82-23 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY C~ BOYNTON BEACH, FLORIDA, AMENDING SECTION 16-82 OF CHAPTER 16, PARKS AND RECREATION, OF ~HE CODE OF THE CITY OF BOYNTON BEACH, TO PRO- VIDE THAT LOST OR MDTILATED PARKING PERMITS WILL BE REPLACED FOR A CHARGE OF $1.00 IF AN ID~XWi~_FIABLE PORTION OF qHE PERMIT IS PRESENTED TO THE-CITY; THAT ~ CHARGE WILL BE $3.00 IF AN IDENTIFIABLE PORTION OF THE PERMIT CANNOT BE.~PRESENTED TO THE CITY; PROVIDING A REPEAL CLAUSE.; PROVIDING A SAVINGS CLAUSE; PROVIDING AU~/~ORITY' TO O0DIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman deLong mo~ed the adoption of proposed Ordinance No. 82-23 on first readinlg, seconded by Councilmember Woolley. Betty Boroni, Deputy Clerk~, toOk a roll call vote on the motion, at the request of Mayor Trauger, as follows: Councilm~n deLong - Aye Mayor Tr~uger - Aye Vice Mayo~Warnke - Aye Councilme~ber Woolley - Aye Councilman Wright - Aye Motion carried 5-0. LEGAL Resolutions None. Other - 35- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 Matter by Councilman Joe deLong Councilman deLong received complaints about snipe signs, particularly in. the shopping centers. One shopping center has a fellow with a roof car. Another shopping center has a van with both sides plastered with signs alluding to the place of business there. Councilman deLong continued by saying that at another shopping center, on Sundays, a truck is left there with business informa- tion painted on the truck, and they park it over there. In Boca Raton, councilman deLong said they have a stiff sign ordinance, which they patterned after Coral Gables. Councilman deLong moved to have the City Attorney make a study of the opportunities of strengthening the Sign Ordinance because it is very disappointing to the Inspectors when they go out to try to enforce what would ordinarily be violations that are not covered in the Sign Ordinance. Councilman deLong wanted to see the Sign Ordinance strengthened if possible, so it would eliminate all of the complaints he has been receiving. The motion was seconded by Vice Mayor Warnke. Councilman deLong referred to trucks and car tops. Mayor Trauger commented, "Such as the~truck Danvers Furniture parks up here on the street." Mayor Trauger said it is a truck they use for delivery, They have to park it some place, and they cannot take it home because it is not allowed in the lots at home, so they leave it on the street. Mayor Trauger asked if they were talking about such signs as that. Councilman deLong answered that the City is getting a multitude of them now.. Mayor Trauger informed him that this is a regular delivery truck. Councilman deLong knew what Mayor Trauger was talking about, and that was what he was a~luding to in one instance° When he got the call, Councilman deLong went up and made-a study of it. This w s on a Sunday. It was parked out in front of the place of business, in the parking, lot. Councilman deLOng said it does circumvent the City's $ign~Ordinance. Whether or nOt something could be done to preclude this was the assignment. Mayor~.Trauger remarked'that Danvers.is smaller .than the regular. Councilman deLong was not going tO say any name but said it was not Denver that was complained about. Councilman deLong informed the Council that it was in a new shopping center opposite N.~ E. 17th Avenue and Federal Highway. Basically, Mayor Traug~r wanted to look at this because small businesses need. all th~ help. today they can possibly get. "Not v c e withare goingSnipeouS~genvS~ c Sanr efL~i ~ ~eSer t ways. He retorted, "Either you are going to have a sign ordinance or you are not'" Mayor Trauger referred to a sign in the median for Phil's Muffler and said that kind of thing is not very.good. He thought any- thing would be an improvement to the parking lot at Causeway Square, where there were busted signs that had been laying down - 36 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 for four months. What Councilman deLong was talking about was a place of business who has signs they put on both sides of a van, up n~ar Kwik Chek, and it is an all day advertisement. Council- man deLong said it was not fair to the rest of~the businessmen in that particular setup. He said if they want a honky tonk in the City and a Coney Island atmosphere, it would be very easy - just let them do what they want. Councilman deLong emphasized that it was a request for constituents, and they like to please the voters. Councilman deLong said it was discouraging for the Inspectors, who know these are violations in every other City but not in Boynton Beach because somewhere along the line it was omitted from being included in the City's Sign Ordinance. Councilman Wright could understand, the concern about putting signs in the median of Federal Highway but he could see no problem with people putting signs on their van ~ they want to keep them in the parking lot. Councilman deLong retorted that it was all according to what you want. He asked if they wanted a weak Sign Ordinance or a strong one. He suggested that they see what the City Attorney and City Manager come back with. A vote was taken on Councilman deLong's motion to have the City Attorney strengthen the Sign Ordinance~ The motion carried 4-1, with Councilman Wright voting against the motion. OLD BUSINESS Report on Condominium Utility Charges - Requested at City Council Meeting 5/18/82 City Manager read his report dated July 20, 1982. A copy of said report is attached hereto and made a part hereof. (see pp 3~ thru.d) Councilman deLong remembered when this request was made and thought he was the one who made the motion, He referred to paragraph #5 in the memorandum, "A review of all of the multi-family and condominium complexes in the~City utility service area shows that there are five other areas in a similar situation." On the next page, Councilman deLong noted that they are listed as Briny Breezes, Colonial Ridge Condominium, Crown Colony Condominium, Jamaica Bay and Sand and Sea. Councilman deLong pointed out that these developments are not within the confines of the City of Boynton Beach and, therefore, they do not ~pay any real property or ad valorem taxes. He thought there was quite a bit of difference between these that are being mentioned insofar as maintenance is concerned and the people mn the City who are paying taxes in the City. Councilman deLong wanted to know where the list was in the City that is being served. He understood there were quite a few developments in the City that were being maintained by the City, even though there are private roads in that area. - 37- AGENDA July 20, 1982 IX. OLD BUSINESS: A. Report on Condominium Utility Charges - Requested at City Council Meeting of May 18, 1982 This report is in response to the City Council Meeting of May 18, 1982, at which Sterling Village representatives asked that aspects of Utility matters be reviewed by the City with particular reference to the existing water billing provisions of the City Ordinances. Sterling Village and other developments fall in residential apartment categories for water billing and, like all residential units in the City, are charged for water service at $2.80 per month for each dwelling unit, plus $.70 per thousand gallons for ~ater used over 3,000 gallons per month. Most of the units in Sterling Village use less water than the 3,000 gallons per month. Unlike many residential complexes in the city, there is a master water meter for the entire building area of the complex (water for irrigation is separately metered). The City's maintenance responsibility for the water system in the City is limited to the system on the influent side of the meter and maintenance responsibility on the effluent side of the meter is that of the homeowner or the development. Be6ause there is a master meter (6-inch) at the entrance to Sterling Village the City does not maintain any of the system on the grounds of Sterling Village. A review of all of the multi-family and condominium complexes in the City utility service area shows that there are five other areas in a similar situation, i.e., larger than 2-inch master meters to the development with no City maintenance responsibilities within the develop- ment. - 37a - -2- These'~are (a) Briny Breezes- 6-inch meter (b) Colonial Ridge Condominium - 6-inch meter (c) Crown Colony condominium - 6-inch meter (d) jamaica-Bay - 6-inch meter (e) Sand and Sea - 4-inch meter o In the last twelve months the 852 units in Sterling Village have received a total bill for non- irrigation water services as follows: July, 1981 - $2,385.60 Aug.~, 1981 L~ Sep'~,.' 1981 - Oct., 1981 -- Nov., 1981 - Dec., 1981 - 2,385.60 2,385.60 2,385.60 2,843.40 2,385.60 Jan., 1982 Feb., 1982 Mar., 1982 Apr., 1982 May , 1982 Jun., 1982 - $2,634.80 2,513.70 2,764.30 2,553.60 2,385.60 2,385.60 $30,.009.00 Sterling Village's position appears to be that some relief is appropriate singe they have more maintenance costs per dwelling unit than other areas as a result of their situation where the maintenance responsibility of the system interior to the development (effluent side of the water meter) is taken care of by Sterling Village, but they Pay the same amount per dwelling unit as others throughout the City. RECOMMENDATIONS FOR RELIEF: Recommended that the ordinance be amended so that Sterling Village (and other developments in a similar situation) are charged the standard rate per thousand gallons ($.70) and not the minimum of $2.80 per unit regardless of use. Be6ause the six-inch meter is larger and more complicated to maintain than the two-inch or smaller meters in the City, Sterling Village be charged a meter service fee per month. As With all areas of the City, Sterling Village and like developments will continue to be responsible for maintenance of their facilities on the effluent side of the water meter. - 37b ~ -3- It is felt that this amended water charge system will be more equitable for Sterling Village~ since there will be a savings to compensate for the level of maintenance~ responsibilities that others in the City do not have. It is felt that this amended water charge system will be fair to all other City users in regard to the meter charge, since the larger meter does require more maintenance than the two-inch and smaller meters. If this system had been in effect during the last 12 months, the total bill and resulting savings would be as follows: UTILITY BILLING COMPARISON Amount of Bill if · Recommended Charges Past · Had Been in Effect Month Bills Usage Meter Total Differencn July, 1981 $2,385.60 $1,317.40 ' $100.00 $1,417.40 ., $968.20 Aug., 1981 2,385.60 1,369.90 100.00 1,469.90 915.70 Sep., 1981 2,385.60 793.80 100.00 893.80 1,491.80 Oct., 1981 2,385.60 816.90 100.00 916.90 1,468.70 Nov., 1981 2,843.40 2,247.00 100.00 2,347.00 496.40 Dec., 1981 2,385.60 1,689.80 100.00 1,789.80 595.80 Jan,, 1982 2,634.80 2,038.40 100.00 2,138.40 496.40 Feb., 1982 2,513.70 1,917.30 100.00 2,017.30 496.40 Mar., 1982 2,764.30 2,167.90 100.00 2,267.90 496.40 Apr., 1982 2,553.60 1,957.20 100.00 2,057.20 496.40 May, 1982 2,385.60 1,702.40 100.00 i 1,802.40 583.20 Jun., 1982 2,385.60 1,456.70 .100.00 1.,556.70 828.90 Totals: $30,009.00 $19,474.70 $1,200.00 $20,674.70 $9,334.30 The reduction in revenue for the Utility Fund that will be a result of this change will be made up as a part of the utility rate adjustments that are currently being studied and which will be presented for Council consideration and approval during the upcoming Budget review process. No changes are being recommended in the sewer billing system at this time since this entire system for billing is going to be recommended for a change as a part of utility service re-adjustments. Currently the bill for every residential unit in this City for sewer services - 37c - -4- is based on a fixture count, but since it will be recommended that this system be abandoned in the next month or so, recommendations will also be made for special situations like the six developments referred to in this memorandum. Peter L. Cheney City Manager PLC:sr cc: Perry Cessna Mike Munro Grady Swann - 37d ~- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20r 1982 Councilman deLong mentioned the private streets. He said you take most of these developments, such as Sterling Village, and they pay for their own streets, for the repairs of the street lighting in other parts~of the City, and their ad valorem taxes are used for that, yet they pay for their own street repairs and they also pay for their own lighting. Councilman deLong thought they ought to do something in consideration of them to make an adjustment to this. He could not understand why, out in the City when you run into a single family residence, you could take it from the streets to the house. Councilman deLong ~co~ld not see why you could not take it from the streets, whether they are private or not. City Manager Cheney commented those were a lot of questions he would try to respond to. First, he addressed utilities. City Manager Cheney informed everyone that the utility system is separate from the General Fund. Ad valorem taxes have nothing to do with the utility system. City Manager Cheney was simply suggesting that the utility system is a separately funded system from all the other things, and they have to treat everybody in the utility system the same. In addition, the units that City Manager Cheney mentioned outside the City, except in Ocean Ridge, are all paying an additional 25% surcharge. That does not hold true in Ocean Ridge because Boynton Beach does the repairs, but the Town of Ocean Ridge pays for the repairs. In Jamaica Bay, the City does not do the repairs inside of Jamaica Bay because they have a master meter, but Jamaica Bay pays for the master meter plus 25%. City Manager Cheney said the Memo does address the equity of the situation and does suggest a reduction of $9,000 in the bills they pay because the City-does not maintain on the effluent side of the meter. In Leisureville, for example, City Manager Cheney advised the City has a meter in every house, and the City has easements throughout Leisureville even though they are private streets. City Manager Cheney said the City maintains in Leisureville just like they do every place else in the City - but it is a short distance from the meter to the individual building. City Manager Cheney emphasized that there are no other exact situations in the City like Sterling Village. City Manager Cheney said there are two or three other units in the City where the City has a meter that serves maybe two or three buildings, but the meter is at the building, and the meter is so close to the building that the development, in doing their repair work which is generally called plumbing, on the building side of the meter is a short distance. City Manager Cheney did not think they have the same equity problem that Sterling Village has. The reason a change is suggested only for Sterling Village, after reviewing all of the condominiums to be sure this is the only one, is that there is a substantial distance fOr piping from the meter to all those buildings. In the others, there is not a substantial distance in piping. - 38- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 City Manager Cheney expl~ained that there are some places where~ one meter serves two or three buildings except for Sterling Village, where the~m~ter sel~estheentire~devel~Dment. City Manager Cheney said an amendment was suggested to it, where they,-in essence, would save $9,000 because of the situation. It seemed to City Manager Cheney that g the question of that inequity. ~it¥.~an~.ge~ aid he has a print out of all the condominiums in the City, and they have gone through them all. Councilman deLong asked how many of them were in the City that are being maintained. City Manager Cheney answered, "Basically none." Councilman deLong understood City Manager Cheney to say Leisureville was. City Manager Cheney replied, "No." He said Leisureville has a meter on every house, and it is a typical single family situation. Councilman deLong observed that they are not public streets over there. City Manager Cheney answered, "No, but we have easements in those streets." City Manager Cheney said that was not the issue. The issue is that in Leisureville, the City had a meter at the house. He said the City has a meter and there is a short distance from the meter to the house, and the per.son who lives in the house takes care of that diStanCe from the meter to the house. City Manager Cheney said that was not a special situation. The City has the right to go in there to the meter, but they do not go beyond the meter. He said that no place in the City, unless the City has an emergency once in awhile, has the City done any repair work on the effluent side of the meter; and that is the inequity that Sterling Village faces because they have so much distance on the effluent side of the meter. City Manager Cheney suggested for~Sterling Village that they get off this $2.80 per unit'basis and, in essence, give them a wholesale rate. The wholesale rate is 70¢ per thousand gallons as the water goes through the meter, and Sterling Village continues to maintain the system on the effluent side of the meter. City Manager Cheney advised that he had sent a copy of his report to Don Balmer. He did not want to guess at what Sterling Village's position is. Councilman deLong wanted to see it standardized and he wanted Sterling Village to be included. He did not think it should be such a great strain on the system. Councilman deLong meant, how often do you have to go in to maintain it? City Manager Cheney did not know because the City has not been maintaining it, but he knew the system is getting to be fifteen years old. City Manager Cheney said he could give a report on the system, which he did not give tonight, if the Council wanted to wait. Councilman.deLong thought there was an inequity there. City Manager Cheney agreed that there was an inequity there. In order to clear it up, Councilman deLong thought the maintenance of the lines would satisfy the people who are residing there like it is in other parts of the City instead of having double standards. - 39- ~INUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 City Manager Cheney thought every other citizen in the City had to think abou~ this. He said the single standard is that we do not maintain on the effluent side of the meter no Place in the City. He said that is the City's standard. City Manager Cheney asked, "Do we maintain on the effluent side in-the City?" Up until now, City .Manager Cheney said no place in the City residential has been given a wholesale rate. Under this situation, City Manager Cheney recommended that the City give them the wholesale rate (the base rate of 70¢), and they, in essence, save $9,~000 because most of the months 852 x $2.80 which is the minimal charge for every dwelling unit in the City, no matter if no water is used at all, is $2,385.60. (City Manager Cheney referred everyone to page 2 of his Report.) He said they pay ~he minimal bill because they use less water than the minimal required of 3,000. If you went to the usage figure (Page 3 of the Report), City Manager Cheney said you would.see that in eight of those months, they have a break under the system. Councilman deLong reiterated that he wanted~it standardized through- out the City. City Manager Cheney argued that it is standardized. Councilman deLong said to take in the privates like Sterling Village. Before making the decision, City ~Manager Cheney wanted to ask the Utilities Director to give the Council a report. Councilman deLong knew what the Utilities Director would come back with. City Manager Cheney felt it was an important issue for the whole City to be concerned about because it addresses the kind of piping that they would begin to get into in the City. Councilman deLong knew City Manager Cheney would drive at the scuttlebutt and the rumors and stories that the thing is not laid out right over there. To Councilman deLong, it remains to be seen. He admitted the pipes are getting old but by the same token, Councilman deLong said if it was such an inferior setup, why didn't they have problems right along. Don Balmer, President of the Board of Directors of Sterling Village Association, 560 Horizons West, Boynton Beach, was requested to appear before the Council. Mr. Balmer received a copy of the memo from City Manager Cheney, which he read, and which proposed the savings to them. Mayor Trauger asked if Sterling Village accepted those savings. Mr. Balmer ~ould not say because he had to confirm with his Board of Directors before making any decision as to whether or not they would accept it as satisfactory. He said he would have to call a meeting of the Board of Directors and advise them. Mr. Balmer Was sure that they had all read the letter, but as of this moment Mr. Balmer could not give an answer because he did not have one. Councilman deLong asked Mr. Balmer~how long he had been at Sterling Village. Mr. Balmer replied that he has been there for six years. He estimated that in six years they had not spent $100 on repair work. The only repairs they had spent money on were the repairs from the street to the condominiums themselves, but nothing in the street. Mr. Balmer stated that the City knows what those pipes are like. They sent a firm over there that took pictures of all of - 40 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20~ 1982 the pipes. He said the City knew exactly what was going on over there. Mr. Balmer asked, "Who are they fooling?" Councilman deLong added that the City inspected them too. Mr. Balmer exclaimed, "You better believe that they did, because I sat there and watched them. They ran a television camera right down through them pipes and took pictures of every single pipe in Sterling Village, and now they are telling me that they don't know what the pipes are like. Baloney sausage! I know betterS" City Manager Cheney commented that the only!pipes that they took television pictures~of were the sewer pipes~ not the water pipes. Mr. Balmer asked if they were not talking about sewer land water pipes both. City Manager Cheney replied that as he indicated, his memorandum,' at this moment, was simply addressing the water situation~ and he suggested that' the sewer .situation was something they ought to address'. Mr. Balmer asked iflthe sewer situation was something that is going to come up later. Mr. Cheney replied, "Yes.." Mr. Balmer asked, "In your consideration, in the future, are you considering making us Some type of a special deal on our sewer pipes as well as our water bill, or are we just talking about the water bill only?" Mr. Balmer knew they were just talking about the water bill at this time, but he meant in the future, like City Manager Cheney said in his letter,'that this might be something that could be considered at a future period. City Manager Cheney replied, "Yes. I don't have any specific suggestions." He said they have to think about it. Mr. Balmer coUld appreciate that. Vice Mayor Warnke asked if' anything was over, Say $125.00 ~ month, the City woUld~ ha~e '~h~'.~op~on to bill Sterling Village then fOr repairs. Vice Mayor'.Warnke was referring to if the City assumes the maintenance. Mr. Balmer stated that he was willing to sit down with the City at any time. Since he made a presentation to the City Council, ~he only thing that he has heard from the City of Boynton Beach in regard to this matter iS the letter he received from City Manager Cheney, which was last Saturday (July 17). Outside of that, nobody has ever contacted Mr. Balmer. They did not want to contact him to sit down and discuss it or throw out any "crumbs" or whatever you want to call them, Mr. Balmer told the Council. He said if they have something on their mindS, they should sit down and talk about it. Mr. Balmer told City Manager Cheney he has sat With him many times, and he was sure they could sit down and ~discuss things intelligently without any problems. City Manager Cheney informed Mr. Balmer that was not the issue. The issue is that the City has to address these things because they affect the entire City in one way or anothe~ with dollars. Such a proposal as this, .City Manager Cheney believed, had'to go through the City Council and then the CityCouncil gives him (City Manager Cheney) instructions. Mr. Balmer asked Cit~.Manager Cheney if he meant on the proposition that he proposed this evening. City Manager Cheney replied, "Yes." Mr. Balmer could understand that. because he has the same thing in Sterling Village. - 41 - .MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 Mayor Trauger asked if he understood correctly when he read that the water bill per apartment was $2.80 per month. Mr. Balmer said that was correct. Mayor TraUger questioned how much it costs in Sterling Village for water for an apartment. Councilmember Woolley wanted to know what the average bill was. Mayor Trauger noted it was a total. City Manager Cheney explained that it was based on $2~80 per dwelling unit. Councilmember Woolley added, "minimum". City Manager Cheney continued by saying that the City Ordinance charges a minimum of $2.80 per dwelling unit throughout the City. Mayor Trauger asked if $2.80 was a hardship because his bill must run $35.00 a month. Councilmember Woolley was ask- ing what the normal bill is. As they only have one meter, Mr. Balmer could not really tell Coun¢ilmember Woolley what it would break down to as far as billing is concerned. City Manager Cheney referred the Council to page 3, column I of his report and said they~would get the amount of the bill that was sent to Sterling Village Corporation each month in the last twelve months. He said that amount of $2,385.60 is equal to 852 units x $2.80. Mro Balmer adVised that was a little off, as they only have 840 units, but they would not argue that little point. City Manager Cheney said if they would look at that page 3,.the 1st column, and go down in November, they would see that in November they had a bill of about $500.00 more than October because they used and they had a gallonage which was over 3,000 gallons per 8_52 units, so that way they went above the minimum. Mrj Balmer explained to Councilmember Woolley that they pay $2.80 per unit and for that, each unit is allowed to use 3,000 gallons of water per year. What happens is that Sterling Village might have 10 or 15 people who use more than 3~000, but that does not show up on the total bill because everybody else is using less than 3,000, City Manager Cheney clarified. At the present time, Mr. Balmer said they only have 50% of their people in Sterling Village. Councilmember Woolley asked if it was part of their maintenance fee, and Mr. Balmer replied that it was correct. Mr. Balmer said they figure it as part of their budget when they figure their budget. City Manager Cheney informed the Council that it is paid for by their Association. Mr. Balmer said the AssOciation pays the water bill, as it does the sewer bill. Vice Mayor Warnke determined that they do not assess the individual units but instead, it is a part of the overall main- tenance. Mr. Balmer advised it was a part of the overall assess- ment. City Manager Cheney thought he ShOuld meet, if Mr. Balmer w~n%s' ~o., with the Board of Directors of Sterling Village and discuss it in further detail at the Board of Directors' Meeting, City Manager Cheney felt Mr. Balmer may want to meet with the Board first and discuss it with them and then have a meeting with City Manager Cheney. Mr. Balmer felt they could work some- thing out. Councilman deLong moved to turn the matter over to Ci.ty ~anager - 42- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 Cheney, in conjunction with the City Attorney, to meet with the Utility Director and Don Balmer, President of the Board of Directors of Sterling Village. The motion was seconded by Councilmember WoolleY. ~ ~ Councilman deLong recommended that when this issue comes on the Agenda the next time, it is moVediup, so the people Will not have to sit all'night. He noted that .it was 20 minutes after 10:00, and wanted that included in his motion. Councilmember Woolley thought it was a good idea and agreed that having the matter moved up in the Agenda the next time should be added to the motion. A vote was taken on the motion, and the motion carried 4-0. Mayor. Trauger abstained from voting. NEW BUSINESS Channel 42 - Comments'by Vice Mayor Warnke Vice Mayor Warnke informed everyone that there is a new television station in Boynton Beach that everyone is very proud of. It is in the City limits, and Vice Mayor Warnke viewed some of their programs last night, which he found to be v~ry wonderful. Vice Mayor Warnke said it shows "Channel 42, West Palm Beach, Florida." Vice Mayor Warnke called the station and they said by FCC regulations of some obscure government law, they have to ~show West Palm Beach as their base even though they are in the City limits of Boynton Beach. Vice Mayor Warnke moved that the Council ask City Manager Cheney to write to Channel 42 to find out what the City can do to get Boynton Beach' s name_~on ~ ~_he'logo instead of West Palm Beach. Mayor Trauger and Councilman Wright advised that it should go through the legal route. Mayor Trauger said, "Let the Attorney do it." City Manager Cheney wished to do it, because he knows the people out there, and he would go and talk ~o them first. Councilman deLong seconded the mOtion, and the motion carried 5-0. ADMINISTRATIVE Disposal of Records - Old Municipal Court Records - Requested by City ManaGer Peter Cheney City Manager Cheney said it should have said disposal of records of the Police Department and the City Clerk's office. He was asking the Council to approve the disposal of old M~nicipal Court records from 1937 on as listed in a memorandum he had dated July 20, 1982, No. 31, and a disposal of records of beach parking permits from the City Clerk's office, No. 32. Councilman deLong moved for the disposal of the records, seconded - 43 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20, 1982 by Councilmember Woolley. Motion carried 5-0. Report on Sewer Capacity City Manager Cheney corrected the title of his memorandum of July 20, 1982 so that' it would read, "Boynton Beach Sanitary Sewer Capacity Limits". City Manager Cheney told the Council that the City has been keep- ing traCk of its 'future growth as it affects sewer and water quality since 1980. He said t-his was an update which reflects>~the current economy and reflects the City's current plans and expectations for development. City Manager Cheney reminded the Council that the Regional SeWer Board asked each City to update this report, and they do it regularly. City Manager Cheney gave the report to the Council, to be ready for tomorrow night's Sewer Board Meeting. What the report shows is that the development goes as the City expected, City Manager Cheney continued. Towards-~the end.of 1985, City Manager Cheney said the City will begin to hawe a plant capacity problem of about 200,000 gallons. City Manager Cheney said the City ~eviews these regUlarly, and this is what they will give to the Sewer Board tomorrow night. Mayor Trauger referred to the 12 million gallon plant currently in operation. City Manager Cheney said they were assuming it is 15 million. Mayor Trauger asked if we get 15 million or is Delray still using a part of the City's portion. Perry Cessna, Director of Utilities, was asked by City Manager Cheney what Delray's average flow is right now. Mayor Trauger asked if Delray was using any of Boynton Beach's capacity. Mr. Cessna answered, "No sir." Based on 12, Mr. Cessna thought they were over that. He thought they ran about 6-1/2, as he remembered the last figures. Mayor Trauger remarked, "Then they are into us." Mr. Cessna told the Council, "They are into us if you ever had to go back to the 12 million which it was originally if you don't take care of your sludge." Mr. Cessna informed the Council that the City has taken the steps to take care of the sludge. Mayor Trauger commented, "I know, but we'~re still at 12. We haven't gone to 15 yet." Mr. Cessna replied, "Right." City Manager Cheney said the City is hedging inbetween 12 and 15. Mayor Trauger wanted someone to make sure that Mr.'.W±llard~.Younq, Interim Manager, Regional Sewer Board, has the odoriferous count that has been going into both of the meters for the past month to see whether they are "stinking or smelling like a rose." Mr. Cessna advised that he gets daily reports. Mayor Trauger said they should have had them since.the last meeting. Mr. Cessna told the Council he has had reports almost since they started. Mayor Trauger wanted the reports at the Regional Board Meeting because they would be getting into this. Mr. Cessna answered, "OK." - 44 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 20~ 1982 ADJOURNMENT Councilman Wright moved to adjourn, and the meeting was properly adjourned at 10:25 P. M. CITY OF BOYNTON BEACH~ FLORIDA ATTEST: Councilmember Councilman // - ~ City Clerk ec~hdri~eg ST~ s~ary - 45 - AGENDA ADMINISTRATION July 20, 1982 e Se Approval of Bills Allied Products Coma_p_~ Pebble Quicklime for Water Treatment Pay from Water & Sewer Revenue 401-332-533-30-65 Allied Universal Corporation Chlorine for Water Treatment Plant & chlorine gas cylinder for Bristol Springs. Pay from Water & Sewer Rev 401-332-533-30-65 Pay from Bristol Springs 407-332-533a30_65 Bower Ammonia & Chemical Co~ A~onia for Water Treatment Plant Pay from Water & Sewer Revenue 401-332-533-30-65 B'ulidoq industries Inc. Fencing for Pence Park Pay from Federal Revenue Sharing 320-000-247~73-00 Per bid 5/I!/82~ Council approved 5/18/82 Case Power Repairs to Sanitation Truck's $78 & ~79 Pay from General Fund 001-193-519-40-32 Theodore M~ Mor~an~D3_Real Estate~~raiser Appraisal Services rendered for Boynton Central Park~ P~I.D. Water Well Site Condemnation Pay from Utility General 403-000-!69-0!-00 Griffin Equipment !nc. For Vibratory Plate Compactor per specifications Pay fro~ Water & Sewer Revenue 401-351~535-60-42 Per bid 5/25/82, Council approved 6/1/82 I.B.M. Corporation For Copier III~ Model 40 7/1/82 ~ 7/3~/82 Pay from General Fun~ ©0!-194~5!9~40-22 $ 3~702.98 1,8!3.05 64.44 1~877o49 1,607o97 3,882.00 1~285o50 1.000.00 z~300.O0 1~646.05 COUNCIL I.B.M. Corporation System 34 Rental for July, 1982 Pay from various accounts---General Fund 10. Kruse O'Connor & Lino~ Inc. For professional services rendered Police Retirement Fund Pay from Police Retirement Fund 612-138-513-20-29 Lassiter Construction Coman~lication ~1 For 30 Acre Park Phase One - Tennis Center Pay from Federal Revenue. Sharing 320-000-247-85-00 12 Me~-~mn~. Inc. Invoices ~!! & 12 N.E. 10th Ave. & Cherry gill, Funds reimbursable from Palm. Beach County Pay from General Fund 001-000-115-87-00 13. Ross Products Inc. 1982 Electric Golf Cart Pay from Federal Revenue Sharing 320-721-572-60-81 Per bid 6/8/82, Council approved 6/15/82 14. Russell & Axon Professional services rendered on various projects. Pay from following accounts: 403-000-169-01-00 19,291.98 403-000-169-11-00 1,194.00 403-000-220-67-00 4,393~55 Some funds reimbursable from P.B. County School Board. Some funds 75% reimbursable from E.P.A. 15. ~ax !nc. 2 N/L Medalist Pay from General Fund 001-192-519-30-92 16. Wa!lace~__Rober~ and Todd Professional services rendered Inv. ~1-82285 - ~airty Acre Park - Additional services inception thru 5/31/82 Pay from Federal Revenue Sharing 320-000-247-85-00 17. Earl Wallace Ford Inc. Various invoices for vehicle repair Pay from General Fund 001-19~-519-40-32 Pay from Water & Sewer 401-395-539-40-32 4,282.10 89.09 $ 6,856.00 2~t45.00 58,086.00 6,725.00 1,745.00 24,879.53 1,005.24 2,202.28 4,371.19 COUNCIL APPROYED~ 18. Woodruff & Sons Est. $4 City of Boynton Beach Santaluces High School For period 5/16/82 to 6/20/82 Pay Util. General Fund 403-000-169-01-00 Pay Util~ General Fund 403-000-169-11-00 14,257.02 7,566.07 19~ Florida Solar Control Installation window tinting reflector material for City Hall Pay from General Fund 001-000-247-09-00 Per bid 6/8/82, Council approved 6/15/82 20. Isiah Andrews Driver for Senior Citizens Club Pay from Federal Revenue Sharing Ordinance ~73-!5, passed 5/15/73 2 wks. 320-641-564-40-5A 21. Willie R~th McGrad~ Server for Senior Citizens Club Pay from Federal Revenue Sharing Ordinance $73-!5, passed 5/15/73 2 wks. 320-641-564-40-5A $ 21,823.09 2,537.43 126.36 120.96 The bills described have been approved and verified by the department heads invo!ved; checked and approved for payment by the Finance Department. Grady W. Swarm, Finance Director I therefore reco~aend payment of these bills. COUNCIL APPROVED Meeting: