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Minutes 05-03-83MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, B©YNTON BEACH, FLORIDA, TUESDAY, MAY 3, 1983 PRESENT James R. Warnke, Mayor Carl Zimmerman, Vice Mayor Nick Cassandra, Councilman Joe deLong, Councilman Samuel L. Wright, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney ~yor Warnke welcomed everyone and called the meeting to order at 7:30 P. M. He announced the Invocation tonight will be given by Rev. Ken Ferguson, Pastor of Ascension Lutheran Church, followed by the Pledge of Allegiance to the Flag led by Vice Mayor Carl Zimmerman. AGENDA APPROVAL Mayor Warnke stated he would like to delete Consent Agenda Item A-6 for discussion as a separate item for approval, which has to do with the water meter situation. Also, delete Item C under Old Business, Discussion of Agenda Format. -Mr. Cheney stated he would like to add two additional pay- ments to the approval of bills. One is a monthly payment to Von Hagge & Devlin in the amount of $2,800 and one is to ~re Golf Construction for $60,128.40, which has been approved by Von Hagge & Devlin and our staff. Also, he would like to add Item B under Bids - Golf Course Building Partitions. He would like to delete Item A-4 under the Consent Agenda, as he has not received the confirmation material yet for that. Councilman Wright stated he would like to delete New Business and Item E under Administrative. Item B under Councilman deLong stated he would like to add under Administra- tive, the offer of PGA Security, Inc. and a letter of thanks to the representative of our district in Tallahassee and the Governor relative to the appropriatiOn of funds regarding a Boynton Beach Boulevard interchange at the Sunshine Parkway. Mr. deLong moved the adoption ~f the agenda with these deletions and additions, seconded by Vice Mayor Zimmerman. No discussion. Motion carried 5-0. ANNOUNCEMENTS Proclamations Mayor Warnke proclaimed May 8 through 14, 1983, as National Hospital Week; May 6, 1983, as National Nurses' Day; and May 8 through 15, 1983, as Soil Stewardship Week. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 Issuance of Certificates of Merit - ICMA Supervisory Course Mayor Warnke announced that at this time, he would like to issue certificates of merit for the IC~ supervisory course and requested the employees as he called their names to come before the podium and remain for a group picture. He then presented the certificates from Palm Beach Junior College for satisfactorily completing the course in ICMA supervisory prac- tices. Mr. Cheney added that all these gentlemen are supervisors in our City work force and this is a new program we started. This program was developed by Mr. Sullivan and Miss Pulte through the cooperation of the towns of West Palm Beach, Palm Beach and Palm Beach Junior College. We have had habits of appointing people as supervisors and not giving training and this is a new course. The next level of training will now be developed. He referred to the attendance being close to 100% for the receipt of these certificates and stated he thinks we are on the right track with giving these gentlemen the oppor-~ tunity to go to school. He is pleased with the program and pleased they did so well. Councilman deLong requested the City Manager, Mayor, Miss Pulte and Mr. Sullivan to join these employees in a group picture, since they inaugurated the program. Youth in Government Day - May 4, 1983 ~yor Warnke announced that tomorrow is Youth in Government Day. It will start at 8:00 A. M. when the young people from high schools will take over the City government for one day. Hopefully, they won't do anything drastic. There will be a luncheon at the shuffle board building tomorrow at noon. Tomorrow evening, we will have a mock Council meeting with letting the young people experience what it is like to be on the City Council. Donation for City's Canine Program Mayor Warnke announced that a check has been received from the South Palm Beach County Association of Insurance Agents donat- ing $1,000 to the City of Boynton Beach for the purpose of supporting and improving the City's canine program. We grate- fully acknowledge the receipt of this check. MINUTES Regular City Council Meetinq Minutes of April 19, 1983 Councilman Cassandra referred to the next to the last line of the first paragraph on Page 26 and stated it should read 7 and not 70. Councilman deLong moved the adoption with this correc- tion, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 CITY MANAGER'S REPORT Mr. Cheney referred to the $1,000 check received from the South Palm Beach County Association of Insurance Agents and advised that he went to lunch to pick that up last week and tried to induce them to reduce the City's premium. 5~. Cheney announced there will be a special City Council meet- ing tomorrow at 12:00 noon to open and approve the bids for the sale of the beach improvement project. PUBLIC AUDIENCE Mayor Warnke announced if anybody wishes to speak on any item not on the agenda to please come to the podium and give their name and address. If anyone wishes to speak on any item on the agenda to please give their name to the City Clerk and they will be called upon when that particular item is on the agenda. Mr. William E. Stevenson, President of the Board of Directors of Village Royale, came before the Council. He referred to this being the condominium on the south side of N. E. 22nd Avenue and advised that Village Royale on the Green is the condominium on the north side. Today, they saw surveyors staking out their lawn and were told it was for a bike path requested by Village .Royale on the Green. They also learned that it was originally planned to put the bike path on the north side, but the resi- dents of Village Royale on the Green objected. Village Royale hereby objects to the bike path being placed on their side of the street. It will interfere with their lawns, trees, and sprinkler systems. They think this is the most attractive area between Seacrest Boulevard and Federal Highway. A bike path is a waste of money. There are plenty of adjacent lightly traveled streets for the residents from Village Royale on the Green to ride their bikes, plus a large area within their condominium. If the City is committed to the bike path, at least put it on the side of the street where those who want it live. Councilman Wright replied that he felt this would be a problem and it is unfortunate. The citizens in North Boynton living close to that area felt the need to have sidewalks or a bike path along there. The N.B.C.I.A. has inquired about bike paths in that area. He thinks it is difficult to resolve every concern. He thinks we made the best decision to construct the bike path on the south side and he will stick by that. Mrs. Wilda Morgan Searcy came before the Council and stated she has been haraSsed by the Police Department and has Mr. McDermott present to read a letter. Mayor Warnke asked the City Attorney if this was proper and Mr. Vance replied that Mrs. Searcy can bring complaints or comments before the City Council if she desires. Mayor Warnke asked if this has to do with a police matter under litigation and Mr. Cheney replied that this is a police matter which Mrs. Searcy has brought to our attention and has been investigated and can be brought before the Council. -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 Councilman deLong suggested that Mrs. Searcy present her case and it is up to the City Council to direct whatever action is appropriate. Mr. Lester McDermott advised the Council that Mrs. Searcy brought this matter to his attention upon his return from a business trip and requested him to represent her as she is upset about this incident. He is shocked this incident did occur as he has had goOd relations with the police of Boynton Beach. He is hoping this is an isolated incident and the Council will state their position and complete their investi- gation through the attorney's office. Mrs. Searcy is request- ing an apology from the officer in question. Mayor Warnke then read the following letter from Wilda Morgan Searcy, 402 N. E. 13th Avenue, dated April 29, 1983: "I am sorry that I must bring to your attention an unfortu- nate incident that occurred last Sunday, April 24, 1983. On this day, an officer of the Boynton Beach Police Department acted in an unProfessional manner which has a potentially damaging effect on the relationship between the Boynton Beach Police Department. and membe~of the minority communities of this city. As the mayor, City'manager, and city council of this city you are responsible for the conduct of the city's police department. I am requesting that you formally state the city's position regarding the treatment of its citizens, that you in- vestigatethe incident of April 24, and if this incident is in- consistent with the policies of the management of this city you will insure that I receive a written apology from the officer in question. "On Sunday, April 24, 1983, my husband and I invited six people to join us for dinner in our home with plans to go fish- ing at Canal C 16 and the railroad tracks just west of Federal Highway. Our company had agreed to show us the kinds of bait and fishing techniques best suited to fishing in this area. We left our home and approached the fishing site at approximately 5:00 P. M. "Upon our arrival at canal C 16 and the railroad tracks, we were approached by Boynton Beach Police Officer Panuci, Badge Number 476. Officer Panuci informed us that we were on the private property of the railroad and would not be allowed to fish. We were ordered to move our cars at once. "I responded to Officer Panuci by saying that there were no signs indicating that we were on private property. To the best of my knowledge, the railroad had sent grading machinery to level off the stones here on April 15 in order to facilitate the parking at this commonly used fishing spot as per my re- quest at the January 5, 1983 meeting of the city council. -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 "Although this unexpected opposition from Officer Panuci was upsetting, we began at once to collect our possessions in order to comply with his instructions. "At this point one of the two children in my car called out to me, 'Wilda, he is calling you Black garbage.' I had not heard him say this at that time. Officer Panuci then said to me that we could go over into the bushes if we wanted to fish. I replied, 'With all the snakes and everything?' Officer Panuci responded to me, 'Yes, you Black garbage, and if I see you any place, night or day, I'm going to arrest you Black garbage.' "I want each of you present here to know that no one in my party had used any type of harrassing language toward Officer Panuci. The remarks made by Officer Panuci were clearly heard by the four adults and two children who were my guests that Sunday afternoon: Robert Ford, Diane Ford, Dillie Daugherty, Willi Morgan, Cheryl E. ~augherty (age 8), and Kimberly M. Daugherty (age 7). "I do not believe that behavior of this type should be allowed by the 'administration of Boynton Beach. I appreciate the opportunity to bring this matter to your attention and hope you will investigate the matter further as I am formally requesting an apology from Officer Panuci." Mayor Warnke noted the letter was witnessed by the six guests mentioned in the letter. Councilman deLong stated that he is in agreement with these people that we don't want any employee of the City acting in the manner these people have charged. It is incumbent to pursue this and find out. We must listen to what the officer has to say. Mr. deLong moved to turn this over to the City Manager and City Attorney for a comprehensive report of exactly what hap- pened and conduct an investigation. He thinks it is more ser- ious than just a letter of apology if these allegations can be substantiated. Councilman Wright seconded the motion. Under discussion, Mr. Wright commented that he has been called quite a bit regarding how people have been treated. These are citizens in the community he feels comfortable with and they rela the facts. He spoke to Chief Hamilton on several occasions and brought a matter to the City Manager's attention several weeks ago. He has been concerned how the officers in the City relate to the citizens in this community. It seems they have taken a worse position when calling people something of this nature. The Police Department Should be able to do a more effective job with showing respect to the citizens. -5- ~e MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA 5~Y 3, 1983 Mr. Cheney stated that we won't tolerate anything of this kind. However, we must remember that sometimes there are two sides to a story. He will respond to Councilman deLong's direction and investigate this. ~ deLong clarified that he wants a com- prehensive study. Mr. McDermott clarified that they want to give the City the opportunity to clearly make this investigation and take correc- tive action or,if necessary, provide professional training to police officers. Good relations are needed with all citizens. Mayor Warnke agreed that this matter should be investigated fully. Motion carried 5-0. CONSENT AGENDA Bids 15,000 Consecutively numbered beach decals - City Clerk The Tabulation Committee recommends awarding the bid to Crea- tive Products International, Tampa, Florida, in the amount of $885, which is the low bid and meets all specifications. City Hall Parkinq Lot Improvements - Engineering The Tabulation Committee recommends awarding the bid as follows: Contract ~1 - alternate, Ranger Construction Ind., Inc., West Palm Beach, Florida, for- $21,161.45. Contract ~2 - alternate, The Garden Store, Boynton Beach, for $1,160.33. Contract #3 - alternate, Southeastern Irrigation, Inc., Boynton Beach, for $3,416.15. One (1) New 45 KW Generator - Recreation The Tabulation Committee recommends awarding the bid to Palm Beach Engines & Generators, Inc. for the alternate bid of $23,070. Golf Course Construction Change Order The City staff recommends the transfer of funds and work activ- ity~ per the letter dated April 21, 1983, from vonHagge and Devlin that $47,175 be reallocated from the landscaping portion of the Golf Course construction budget to the existing contract for course construction. -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3 , 1983 Request for Zoning Approval for A~oholic Beverage License: 1. Joe Pontes d/b/a Joey's Hot Dog Restaurant 201 N. E. 2nd Avenue Boynton Beach, FL 33435 The Deputy Building Official has noted that the zoning does permit the sale of beer and wine for consumption on premises, in conjunction with a duly licensed restaurant. Request Cemetery Refund on Lot 615, Block 0 Mrs. Annette Scully submitted a request for this refund. Review and Accept Audit Report on Federal Revenue Sharing A copy of the audit and related correspondence from Ernst & Whinney has been distributed. Approval of Bills See list attached. Councilman deLong moved to approve the Consent Agenda proposed by the City Manager with all the accompanying materials becoming part of the public record under Item V, A, 1, 2, 3, 5; B, 1; C; D; and E. Vice ~yor Zimmerman seconded the motion. No discus- sion. Motion carried 5-0. BIDS Construction Specifications and Contract Documents for N.E. 10th Avenue from Seacrest Blvd. to U. S. ~1 Councilman Cassandra referred to the "Plus Budget Transfer" noted on the Inter-Office communication from Mr. Dawson and asked if this was coming from the County or our budget? Mr. 'Cheney replied it was coming from the County and $20,000 plus $6,6g0 is the only thing coming from our budget. He added this is the culmination of a project which has been around six years ~nd he believes it has a major positive impact. Councilman deLong moved to approve the City ~nager's recom- mendation in his memo of May 3, awarding the bid to Shurly Construction and authorizing the expenditure of $12,999 to FPL for street lighting and also authorizing the expenditure of an additional $6,660 from the Utility Fund for this project. Councilman Cassandra seconded the motion. Under diScussion, Mr. deLong commented that he is pleased to see this become a reality as it started in 1973. The City Council did dig into it and finally after ten years, it is bearing fruit. Motion carried 5-0. -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 Extend Water Meter Bid - Utilities Mayor Warnke referred to the request to extend this bid to Neptune Water Meter Company becauSe Mr. Cessna and the Utility Department is satisfied with the services and also it eliminates purchasing different meter parts for future repair and stated he does not feel comfortable extending the bid without reletting the bid. He would like the Council's opinion whether to relet this without giving another company the opportunity to bid. Councilman deLong referred to this happening in the past and stated it was proven that Neptune was the biggest in the busi- ness and other people were not able to supply the parts when needed. Everybody was satisfied with Neptune. He believes their service has been very satisfactory; but insofar as com- petitive bidding, anyone can bid. Mr. Cheney referred to this being a problem in every city and explained how when changing meter manufacturers, it doubles the inventory and maintenance costs. He thinks there is justi- fication to continue with this firm. We are still buying meters from them through the prices established in 1980-81. It is recommended sticking with one manufacturer in the meter business and we have 16,000 meters around. We are gradually getting rid of the old makes. At some point, Neptune may say they won't give us the same price and at that point, we will go to bid and make a judgment then. If bids are received lower, we must make a decision whether to complicate mainte- nance problems and go with a lower bidder or will costs be lower with not having extra inventory. You must look at the total cost of a particular product including maintenance, in- ventory, parts, etc. He recommends staying with Neptune, but when they want to increase their price, we will have to mak~ a judgment. Councilman deLong moved to accept the City Manager's recommen- dation insofar as bids on meters are concerned, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Gplf .Course Building Partitions Mr. Cheney informed the Council when contracts for the cart storage building and maintenance building were put out for bid, we received bids for construction of each building as well as separate bids _for plumbing and electricity in each building. Bids were not taken for the partitions with the thought that it might be possible for City crews to construct the partitions. The alternative of using City crews for these partitions will not be possible and, therefore, we have negotiated with O'Connell Construction Company, the contractor for the clubhouse, to do this partition work as prescribed by the plans' for a price that is within the budgeted amount for this work. The City is extremely pleased with the quality of work being done by -8- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 O'Conne~ and the Building Official has been unable to obtain a quote from other acceptable co~tractors for this work, since it is a relatively small job. It is, therefore, recommended that the City Council authorize the City Manager to enter into an additional agreement with O'Connell Construction Company to carry out this required partition work. Mr. Cheney continued that one reason we can get them within the bid estimate is they are on the job and many others do not want to travel out that far, plus it is difficult to get contractors to do small jobs. O'Connell has come down in price and is on the job. He feels comfortable making this recommendation to have him proceed with making the partitions. He is building the clubhouse and three shelters. If we don't do it this way and can't find people to give informal quotes, we will have to prepare plans and go out to bid which would make the price higher. Councilman Wright moved to accept this recommendation from the City Manager regarding the golf course building partitions. Councilman Cassandra seconded the motion. No discussion. Motion carried 5-0. PUBLIC HEARING NONE DEVELOPMENT PLANS NONE LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 83-13 - Re: Centel Cable TV Franchise Leisureville, Section 10 Mr. Vance read proposed Ordinance No. 83-13 by title: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, GRANTING A NON-EXCLUSIVE LICENSE TO CENTEL CABLE TELEVISION COMPANY OF FLORIDA TO OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN CERTAIN AREAS OF THE MUNICIPAL LIMITS OF THE CITY OF BOYNTON BEACH; PROVID- ING THE TERMS OF SAID LICENSE; PROVIDING FOR A REPEAL- ING CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Warnke asked if anyone wished to speak for or against proposed Ordinance No. 83-13 and received no response. He then declared the public hearing closed. -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 Councilman deLong moved the adoption of Ordinance No. 83-13 on second and final reading, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Motion carried 5-0. Proposed Ordinance No. 83-14 - Re: Cemetery Board Members Mr. Vance read proposed Ordinance No. 83-14 by title: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 6, SECTION 6.4 OF THE CODE OF THE CITY OF BOYNTON BEACH, FLORIDA, TO PROVIDE THAT TEREESA PADGETT SHALL BE APPOINTED TO SERVE FOR A LIFE TERM ON THE CEMETERY BOARD OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mayor Warnke asked if anyone in the audience wished to speak for or against this proposed Ordinance No. 83-14 and received no response. He then declared the public hearing closed. Councilman deLong moved the adoption of Ordinance No. 83-14 on second and final reading, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Motion carried 5-0. Ordinances - 1st Reading Proposed Ordinance No. 83-10 - Re: Limitinq Garage Sales (Tabled) Vice Mayor Zimmerman moved to take this from the table, seconded by Councilman deLong. Motion carried 5-0. Mr. Vance read proposed Ordinance No. 83-10 by title on first reading: -10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13 OF THE BOYNTON BEACH CODE BY ADDING ARTICLE III, GARAGE SALES, ESTABLISHING A PERMIT REQUIREMENT, DEFINING GARAGE SALES, LIMITING THE NUMBER OF SUCH SALES, REQUIRING A PERMIT FEE AND ESTABLISHING A PENALTY FOR VIOLATION; PROVIDING A SEVERABILITY CLAUSE, A CONFLICT CLAUSE, AUTHORITY TO CODIFY AND EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Ordinance No. 83-10 on first reading only, seconded by Vice Mayor Zimmerman. Under discussion, Mayor Warnke read Section 13-57: "Only two (2) garage sale permits shall be issued to one residence, family or household during any calendar year." He requested the City Attorney to make a ruling on this. He asked if he holds a garage sale and then one of his kids holds a garage sale, does that mean the rest of his family cannot hold a garage sale? Mr. Vance replied that is correct, if they live in the same house. Councilman d~ that it is $~ Councilman W: ordinance He believes we can work think an ord ~Long referred to the fee and Mayor Warnke replied 'ight stated that he doesn't think we need this .ess we decide to allow one or two more per year. )eople may clean on a quarterly basis. He thinks ~ith the people causing problems and doesn't .nance is needed. Councilman deLong referred to needing some control and stated most municipalities do control it. Councilman Cassandra questioned how this would be enforced on weekends and both Mr. Cheney and Mr. deLong responded that they are called. Mr. Cassandra stated if it cannot be enforced, why have the ordinance? Mr. Cheney agreed if we have an ordi- nance, we will have to develop a way of enforcement. Mayor Warnke referred to garage sales being part of our way of life and stated he cannot see limiting them or regulating them. He knows wha~ former Mayor Trauger had in mind was in reference to people bringing in piles of jeans as a resale type of thing in his neighborhood. He doesn't think garage sales in our City have gotten Out of hand and personally does not think we need this ordinance. Councilman deLong stated he became interested because people were having deliveries made to their homes and selling on weekends. Many businessmen are paying occupational license fees and they should be protected against these people selling merchandise in competition. -11- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 Mayor Warnke asked if anyone wa~ted to speak about this when a few people came forward and Councilman deLong referred to this being the first reading of the ordinance and stated a public hearing will be held at the second reading. Mayor Warnke announced that the second reading will be held two weeks from tonight. Mr. Stormet Nore~ stated the people have the right to speak on any item on the agenda and Councilman deLong informed him that the COuncil follows parliamentary procedure and Roberts' Rules of Order. Councilman Wright referred to having only received a few com- plaints in the City and stated that he does not think we should move in this manner to resolve these complaints. Vice Mayor Zimmerman stated we are in the place where a lot of cities have been with being forded to go into such an ordinance and he is in favor of it. Councilman Cassandra added that in the area where he lives, there are at least three homes which have garage sales every three weeks with a continuous sign. This is the first read- ing of the ordinance and arguments can be presented on second reading. Mrs. Boroni then took a roll call vote on the motion as follows: Councilman deLong - Aye Councilman Wright - Nay Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Motion carried 4-1. Proposed Ordinance No. 83-15 - Re: Buffer Walls Mr. Vance read proposed Ordinance No. 83-15 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA, TO AMEND SECTION 4J, "OTHER STRUCTUP~S", TO ADD THE REQUIREMENT THAT WALLS AND'FENCES CONSTRUCTED AS A PART OF SUBDIVI- SIONS OR SITE PLAN APPROVAL HAVE A SETBACK OF A MINIMUM OF EIGHTEEN (18) INCHES MAINTAINED FOR LANDSCAPING PUR- POSES; AND FURTHER AMENDING APPENDIX A - ZONING OF THE CODE OF ORDINANCES TO AMEND SECTION 4L, "BUFFER WALLS", TO PROVIDE FOR SOLID STUCCO MASONRY WALLS PAINTED ON BOTH SIDES BE REQUIRED FOR SPECIFIED AREAS AND THAT SUCH WALLS BE SET BACK TWO (2) FEET FROM ADJOINING PROPERTY LINES; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY~ AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 Councilman deLong moved the adoption of proposed Ordinance No. 83-15 on first reading only, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Motion carried 5-0. Proposed Ordinances Re: Board Members Livinq in the City Mr. Vance informed the Council that four ordinances are pre- pared relating to Board members living in the City and he believes the agenda should be amended to list these four ordi- nances pertaining to the Building Board of Adjustment & Appeals, Board of Adjustment, Parks & Recreation Board, and Planning & Zoning Board. Councilman deLong moved to consider all these ordinances separately, seconded by Councilman Wright. No discussion. Motion carried 5-0. Proposed Ordinance No. 83-16 - Re: Building Board of Adjust- ment & Appeals Members Living in the City Mr. VanCe read proposed Ordinance No. 83-16 by title on first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AbIENDING CHAPTER 5 - BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS, ARTICLE II. BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SECTION 5-153 ESTAB- LISHED; COMPOSITION; APPOINTMENT; REMOVAL. TO PROVIDE THAT ALL ME~ERS OF THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS SHALL BE RESIDENTS AND ELECTORS OF THE CITY OF BOYNTON BEACH, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Ordinance No. 8.3-16 on first reading only, seconded by Vice Mayor Zimmerman. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Motion carried 5-0. -13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 Proposed Ordinance No. 83-17 - Re: Board of Adjustment Members Living in the City Mr. Vance read proposed Ordinance No. 83-17 by title on first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A'- ZONING, SECTION 10. BOARD OF ADJUSTMENT. A. COMPOSITION AND PROCEDURE: 1. TO PROVIDE THAT ALL ~I~ERS OF THE BOARD OF ADJUSTMENT SHALL BE RESIDENTS AND ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING A CONFLICTS CLAUSE, A SEVER- ABILITY CLAUSE, AUTHORITY TO CODIFY, AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Ordinance No. 83-17 on first reading only, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Motion carried 5-0. Proposed Ordinance No. 83-18 - Re: Recreation & Parks Board Members Livinq in the City Mr. Vance read proposed Ordinance No. 83-18 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, A~NDING CHAPTER 16- PARKS AND RECREA- TION, ARTICLE I. IN GENERAL, SECTION 16-1. BOARD CREATED; APPOINTMENT; TERMS, QUALIFICATIONS. TO PROVIDE THAT ALL MEMBERS OF THE RECREATION AND PARKS BOARD SHALL BE RESIDENTS AND ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING A CONFLICTS CLAUSE, SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Ordinance No. 83-18 on first reading only, seconded by Councilman Cassandra. No discussion. ~s. Boroni took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Motion carried 5-0. -14- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 Proposed Ordinance No. 83-19 - Re: Planning & Zoning Board Members Livinq in the City Mr'. Vance read proposed Ordinance No. 83-19 by title on first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 19 - PLANNING AND DEVELOPMENT GENERALLY, ARTICLE I. IN GENERAL, SECTION 19-1. PLANNING AND ZONING BOARD CREATED; APPOINTMENT, TERMS. TO PROVIDE THAT MEMBERS OF THE PLANNING AND ZONING BOARD SHALL BE RESIDENTS AND ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Vice Mayor Zimmerman moved to adopt Ordinance No. 83-19 on first reading only, seconded by Councilman deLong. Under discussion, Mr. Cheney asked if there are people on the Boards not living in the City, does adoption of these ordinances negate the completion of their term and Mr. Vance replied negatively, and they can complete their term. Mrs. Boroni then took a roll call vote on the motion as follows: Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Motion carried 5-0. Proposed Ordinance No. 83-20 - Re: Rezone an 80± acre tract of land - Stonehaven Development Mr. Vance read proposed Ordinance No. 83-20 by title: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH FROM R-2 (SINGLE FAMILY AND DUPLEX RESIDENTIAL) TO PLANNED UNIT DEVELOPMENT WITH A LAND USE INTENSITY OF FOUR, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PRO- VISION; AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Ordinance No. 83-20 on first reading only, seconded by Councilman Cassandra. Under discussion, Vice Mayor Zimmerman asked if the question about the turning lanes on Congress Avenue had been resolved and Mr. Cheney replied that it will be resolved when proceeding with the individual site plan and the details will be addressed -15- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 then. Mr. Zimmerman referred to the possibility of it not being resolved and Mr. Cheney replied that it is an engineer- ing question. Mr. deLong clarified that we approved the re- commendation of the Planning & Zoning Board which included this condition'. Mr. Cheney stated there are a variety of ways to resolve it, but every one may not be satisfied with the resolution; there will still be the chance to address it again. Mrs. Boroni then took a roll call vote on the motion as follows: Councilman Wright - Aye Mayor Warnke - Aye Vice ~yor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Motion carried 5-0. Resolutions Proposed Resolution No. 83- Re: Opposing the relocation of the Ocean Avenue Bridge (State Road 804) ..... TABLED Councilman deLong read the proper procedure from Robert's Rules of Order and then moved to take this question from the table. Vice Mayor Zimmerman seconded the motion. Motion carried 5-0. Councilman deLong then moved that the City Attorney be in- structed to draft the appropriate resolution placing the location of the new bridge on Boynton Beach Boulevard at the Intracoastal Waterway and that resolution is to be forwarded to the Department of Transportation. Councilman Wright seconde~ the motion. Under discussion, Mayor Warnke stated that he original~ proposed the relocation of the bridge for discussion to get the Council's feelings on this. During the workshop meeting, he felt the general public was extremely opposed to repairing the old Ocean Avenue bridge. Therefore, with the voters and people opposing the old location, he is in favor of going along with the new bridge at Boynton Beach Boulevard. Councilman Wright added that the bridge is needed and the resolution can .be considered at the next Council meet- ing. As requested, City Clerk Boroni then took a roll call vote on the motion as follows: Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Motion carried 5-0. -16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 Proposed Resolution No. 83-T - Re: Acceptance of Improvements, Boynton Beach Industrial Park North TABLED Councilman deLong moved to take this resolution from the table, seconded by Councilman Wright. Motion carried 5-0. Mr. Cheney referred to this being tabled at the last meeting because there was some question about the developer paying $3,000 and advised that he received a letter today in which he has agreed to pay the $3,000. He recommends that this resolution be passed with the understanding the $3,000 check will be forthcoming. Mr. Vance read proposed Resolution No. 83-T by title: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING IMPROVEMENTS FOR BOYNTON BEACH INDUSTRIAL PARK NORTH RECORDED IN BOOK 43, PAGES 20, 21 and 22 Councilman Wright moved the adoption of proposed Resolution No. 83-T, seconded by Councilman deLong. No discussion. ~s. Boroni took a roll call vote on the motion as follows: Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Motion carried 5-0. Proposed Resolution No. 83-U - Re: Approve and authorize execution of Amendment No. 1 Metropolitan Planning Organiza- tion Interlocal Agreement Mr. Vance read proposed Resolution No. 83-U by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF THE M~TROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY INTERLOCAL AGREEmeNT AMENDMENT NO. 1 Councilman deLong moved the adoption of proposed Resolution No. 83-U, seconded by Vice Mayor Zimmerman. Under discussion, Mayor Warnke clarified that this is merely approving the cities of Jupiter and Palm Beach Gardens as members of the Metropolitan Planning Organization. Mrs. Boroni then took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman deLong - Aye Councilma~ Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Motion carried 5-0. -17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~AY 3, 1983 Proposed Resolution No. 83-V - Re: Lo% Mowing Liens ~. Vance read proposed Resolution No. 83-V by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTY INVOLVED, AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Resolution No. 83-V, seconded by Councilman Cassandra. No discussion. Mrs.. Boroni took a roll call vote on the motion as follows: Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Motion carried 5-0. Proposed Resolution No. 83-W - Re: Support for Road Improve- ment Fundinq through Local Gasoline Taxation Mr. Vance read proposed Resolution No. 83-W by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING THE BOARD OF COUNTY CO~4IS- SIONERS TO LEVY THE' FOUR CENT TRANSPORTATION TAX Councilman deLong moved the adoption of proposed Resolution No. 83-W, seconded by Councilman Wright. Under discussion, Mayor Warnke stated as a member of the Metropolitan Planning Organization and knowing some of the problems we have with transportation in the County, he knows everybody is screaming about two, three or four cents in new taxes put on by the County for road improvements. We are desperately in need of money and funding for road improvements in Boynton Beach. State and County roads are not included. If this 4¢ per gallon gas tax legislation goes through, it will put money into Boynton Beach for repair, maintenance and future im- provements of roads. People refer to being taxed to death, but they want the pot holes in front of their house repaired and the City won't have the money. This proposed tax, which we are encouraging from the County, will take care of pot holes on the City streets. ~. Cheney referred to there appearing to be some question on the part of the County Commissioners whether to adopt 4¢ or not and advised that it was suggested if a lot of cities adopt resolutions like this, it may encourage the commissioners to adopt this. There will also be an agreement between the -18 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 cities and County regarding how to distribute the money which is raised. There are 37 municipalities in the County which would have the potential of negotiating with the County. He then explained the formula for distribution of the tax would probably be based on about 30% for the population and 70% for land mileage. The County Commissioners will address this issue next Monday. The real issue is whether the County Commissioners feel they can support 4¢. If this is adopted by the City Coun- cil, we are saying we are behind the County Commissioners. Councilman Cassandra stated that he agrees we need money for roads, but does have some reservations. This is actually approving something with not knowing what we are going to get in return. Mr. Cheney advised if the County and municipalities cannot agree, the whole thing may die or go to referendum. Councilman Wright suggested that if we adopt the resolution, a cover letter can be sent with it expressing our concerns of what we expect out of it. Vice Mayor Zimmerman referred to the public not being in favor of a 4¢ tax and questioned why we would approve a resolution of this kind? Wouldn't it be wiser to go for 2¢ or something of that nature? He knows he won't be the only one dissenting on this 4¢. Mayor Warnke clarified that we are not recommending any' per- centage on this resolution, but are just supporting the road resolution. Councilman Cassandra referred to it stating 4¢ and Councilman deLong suggested that the resolution read ac- cording to the amount proposed by the County. Mayor Warnke stated that $250,000,000 ms needed to maintain the roads at the present time in Palm Beach County and only $15,000,000 to $20,000,000 is available. Mr. Cheney advised tha% 4¢ would bring in about $10,500,000 per year. Mr. Cheney continued that a bond issue was proposed three years ago and it was turned down and the County wants to know if there is support at this time. There ms a tremendous need for roads in this County and City. The only way to do it is to pay for it. This is one of the few counties in the state that won't have the 4¢ tax. It is simply an issue of whether to solve these problems or not. Councilman deLong referred to there being some doubt in the minds of the Council members and suggested laying the ques- tion on the table until seeing what direction the other cities take and Mayor Warnke replied there is a time element involved and we must take a position tonight in order to get it before the County Commission. Mr. deLong asked how we could reconcile the difference between 2¢ and 4¢ and Mr. Cheney replied that would be up to the County Commission. Mayor Warnke added that if we do not support this resolution, we may end up with nothing. Mr. deLong suggested inserting "based on the amount approved by the County"and Mr. Vance advised that would not accomplish very much. Mayor Warnke stated that we do not have enough money to repair our streets and if the County is going to put on a tax, we should get our share. -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 Mrs. Boroni then took a roll call vote on the motion as follows: Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - No Councilman Cassandra - No Councilman deLong - No Motion failed 3-2. Proposed Resolution No. 83-X - Re: Accept Utilities and Approve Release of Bond - Cedar Point Mr. Vance read proposed Resolution No. 83-X by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING UTILITIES AND RELEASING PER- FORMANCE BOND FOR CEDAR POINT PLATS 5 AND 6 IN THE NE ONE QUARTER (¼) OF SECTION 26, TOWNSHIP 45S, RANGE 42 EAST AS RECORDED IN PLAT BOOK 6, PAGE 26, PALM BEACH COUNTY RECORDS Councilman deLong moved the adoption of proposed Resolution No. 83-X, seconded by Vice Mayor Zimmerman. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Councilman Wright - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. Other Review recommendation from Police Pension Board concerning giving credit for Police Auxiliary Time TABLED Councilman deLong moved to take this question from the table, seconded by Vice Mayor Zimmerman. Motion carried 5-0. Mr. deLong referred to reviewing the memo from the Chief of Police and moved to give credit to the members of the Police Auxiliary. He added there are only two people concerned. Vice Mayor Zimmerman seconded the motion. Under discussion, Mr. Cheney informed the Council there are two items on the agenda dealing with police pensions. A memo was just distri- buted from the Secretary of the Pension Board supporting approval of these two pension items and suggesting the cost is not out of line. He recommends they not be approved as it is not the time to increase pensions. In any case, both -20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 will have to go to the State for their concurrence. There may be a technical question~ from the State whether the nature of service was consistent with State law. Mr. deLong replied that the Police Pension Board will send the recommen- dations to the state and he understands they approve what the local pension boards do. Councilman deLong clarified that on this item, there are only two people who will be granted this auxiliary time. There has been a comparison between the volunteer firemen and the auxi- liary policemen. The auxiliary policemen are what held the department together. He thinks it is a minute situation and should not be denied since it was granted to the firemen. As requested, Mrs. Boroni then took a roll call vote on the motion as follows: Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Motion carried 5-0. Police Pension Amendment change in calculation of "Average Final Compensation" Councilman deLong made a motion to change the calculation of the average final compensation, seconded by Councilman Wright. Under discussion, Mr. deLong commented that it is his under- standing t.his is a more economical move than enjoyed at the present time. Mr. Cheney explained how it would be more expen- sive for the City using the last three instead of last five years plus 20 years retirement. He thinks 20 years is more than generous in the retirement program. He thinks this is unnecessary. It will be a financial problem for the City in the future. Councilman Cassandra stated he would have liked to know if anyone did a study about the pension costs to see how the fund would progress. In going from five to three years, according to his calculations, we are talking about a $40,000 increase per year. The average final compensation is not fixed. As the pays increase, so does the average final com- pensation, so the amount the City puts into the fund will be a larger amount each year. He thinks the Council members should be concerned about going from five to three years. If a modified Proposition 13 takes effect, we will have a shortage of money in the entire budget. We must consider the cost. -21-. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 Councilman deLong referred to the actuaries being consulted and Mr. Cheney advised that they prepared the report and gave the cost for this year. Every year, we have an actuarial study in each pension fund. Every year, we are forced to increase the amount of contributions. That money comes from the budget and not from the employee. It will go up every year. This will be a built-in contractual obligation and it is expensive. Our fund will always be in good condition because the State requires us to put the money in every year, but the cost will be expensive to the taxpayers. Mayor Warnke referred to a possible taxpayers' revolt coming up within six to twelve months and stated we must look at not obligating the City into more funds expended ~ case the refer- endum is passed. We must take a cautious approach. Mr. Cheney explained how the existing pension program is fair and generous. Mr. deLong commented how other states were more progressive with pensioning all public servants after 20 years of service. 5~. Zimmerman referred to the amount shown in the "Unfunded Actuarial Liability" column and asked if the City was requested to put that into the fund in full and Mr. Cheney replied affir- matively. Mr. Zimmerman clarified that we are talking about a five year funded City contribution of $678,314 compared to funding $940,043 for three years. Chief William Hamilton came before the Council and advised the costs are amortized over a 40 year period. It would cost approximately $38,000 per year to make the changes. The cost to the City is $179,000 under the present system. Their 7% contribution will take care of the 20 year retirement system. There will be some cost to the City. The costs are clearly outlined in the letter submitted. To clarify his memo, at the present time, both changes can be made and the cost will be less than what the City is paying for the Fire Department's pension and that department is 20-25% smaller. He can under- stand the City Manager's position being in opposition to this. The Pension Board discussed this last year and decided to make this recommendation and the cost is amortized over 40 years. ~ Cheney clarified that the contribution for the police pension fund is $148,000. It will go to $179,000 for a five year average and to $217,000 for a three year average. There will be the difference between $148,000 and $217,000. Chief Hamilton replied that the reason for this is'the payroll has increased; more personnelwere added to the Police Department. It would have been $171,000 any way, but there was an $8,000 increase for the recent two improvements added. -22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 Councilman Cassandra requested him to clarify the point with amortizing over 40 years,as these are not fixed numbers,and Chief Hamilton agreed these could change. Councilman Cassandra continued that according to the feelings of the previous and present Councils, they have always given pay raises to City employees, so the numbers will be going up. Chief Hamilton commented that the cost of living also went up. Councilman deLong referred to times changing and how salaries and benefits had increased through the years and stated that he thinks the people are willing to pay whatever it costs to take care of these people. As requested, Mrs. Boroni then took a roll call vote on the motion as follows: Councilman Cassandra - No Councilman deLong - Aye Councilman Wright - No Mayor Warnke - Aye Vice Mayor Zimmerman - No Motion failed 3-2. Ratification of South Central Regional Wastewater Treatment & Disposal Board approval of plant operation by the South Central Reqional Wastewater Treatment & Disposal Board Mr. deLong moved for ratification, seconded by Mr. Zimmerman. No discussion. Motion carried 5-0. Approve Water Service Agreement - Sunny South Mr. Vance informed the Council that we have a proposed contract which solves some problems for us and ~,~. Cessna is more in- formed regarding the problems relating to the old section of the Sand & Sea Trailer Park. We also have an existing agree- ment with five developers which amounted to substantial addi- tions to the water system and Sunny South is one of these. We have a separate contract with the five developers and cur- rently there is some discussion regarding payments under that agreement. This agreement involves only Sunny South and ser- vices to the old facility. The two contracts are not related. He then called on Mr. Cessna to comment. Mr. Cessna informed the Council that Sand & Sea was the old trailer park which existed. They have old lines and to pro- tect the City, they came up with this agreement to cover the fact we will not maintain their water and sewer lines. If they sell and want us to take over and maintain their system, they will have to upgrade it. -23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 Mayor Warnke referred to a shortage of $150,000 being mentioned and Mr. Cessna replied that was because of the credits and they are willing to pay those capital facilities due us. Mr. Cheney added that this $150,000 relates to the agreement for the five developers on Congress Avenue. Councilman deLong moved to approve, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Approve Water Service Agreement - Knollwood Groves Mr. Vance informed the Council this is the standard agreement. Mr. deLong moved to approve, seconded by Mr. Zimmerman. No discussion. Motion carried 5-0. OLD BUSINESS Pistol Range Mr. Cheney informed the Council that he met with the Police Chief and Lt. DeLoach and they presented an interesting alter- nate. He would like to table this for two weeks. He thinks they may have come up with a different approach to our needs which we have not addressed before at the same location in a different way. Councilman deLong moved to lay this question on the table, seconded by Councilman Cassandra. Motion carried 5-0. Consider recommendations for Golf Course Operational Staffing a~d approve "Initial Hiring" Councilman Cassandra referred to submitting a structure to Mr. Cheney which he felt would be appropriate and stated that he still feels it should be a separate identity and report to the City Manager. He made a motion that the structure for the Golf Course should report to the City Manager, as the structure shown by the City Manager in his first recommendation minus the Parks & Recreation Director, as he could live with that or the one he submitted which means a separate identity. Council- man deLong seconded the motion. Under discussion, Mr. deLong stated that he agrees with the recommendation by Mr. Cassandra. This has got to be run as a professional business and the City is a non-profit corporation. The bonds must be retired and the Golf Course must be in the hands of people who have knowledge and expertise. Mayor Warnke agreed and stated it should be kept separate as a profit making organization. -24 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 Councilman Wright referred to the connection with the City B~nager possibly creating some problems and Councilman deLong replied that he thinks the City Manager will work in conjunc- tion with the Golf Course Advisory Board. Mr. Cheney then distributed the chart prepared by Mr. Cassandra and stated this is what the Council would be approving and he has no problem with that. Mayor Warnke clarified that it only eliminates Parks & Recreation. Councilman deLong added that this is creating anew department and he believes this must be done through the City Attorney with an ordinance. Mr. Cheney agreed there is an organizational chart in the code book and to amend that would have to be done by ordinance, but it should be brought up to date. Mr. Vance stated that he will work out the details with the City Manager. As requested, Mrs. Boroni then took a roll call vote on the motion as follows: Councilman deLong - Aye Councilman Wright - Nay 5~yor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Motion carried 4-1. Consideration of FPL Lighting Recommendation for Palmland Drive Mr. Cheney referred to the residents coming one night and requesting FPL to do a study and stated that it is recom- mended this installation be authorized. Councilman deLong moved to accept the report and place on file, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Progress Report on Wells 15 & 16 and Recommendation for Action Mr. Cheney referred to submitting a long report from Geraghty & Miller dated April 28 and stated the Council may be ready to proceed with that or have Mr. Cessna discuss it. Councilman deLong moved to approve, seconded by Councilman Cassandra. Under discussion, Mayor Warnke stated he would like Mr. Cessna to give a report. Councilman Cassandra stated he is concerned with two sentences in the report: "We must point out that there is some risk of damaging the well beyond repair when attempting to remove the screen and install a new one." and "It is likely that the con- tractor will not accept responsibility for the well or guarantee that the method will work because of the uncertainties involved." He is concerned that the price could go up to $60,000 which will -25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 be added to $20,000. We might invest $86,000 and there is no guarantee from the contractor it will work. Are we throwing good money after bad? If we are going to spend this amount of money, he would like some percentage of a guarantee. Mr. Cessna explained how it was difficult to remove the old screen. It is proposed to do only one to see if it is success- ful. As far as a warranty, it is underground and he doesn't think anybody could say it will be totally successful. He does know with the proper development, we will get the same amount of water as before~ Mr. Cassandra referred to possibly damaging the well and Mr. Cessna replied they are 95% sure they will not. Mr. Cheney referred to other cities having gone through this and Mr. Cessna agreed. Mr. Cheney stated that it is difficult to go way down and take out the screen and replace it, but it has been done by other people in the state and they would not hesitate to do it again. b~yor Warnke referred to the possibility of replacing the stainless steel well screen with plastic and questioned if this was feasible and Mr. Cessna replied that the problem with plastic is to get it in place without fracturing it. He explained how they think the problem has been caused by erosion rather than corrosion. He cannot give the answer tonight of what kind of screen will be put in, but these will be gravel packed, so this same thing will not happen. There was further discussion about the materials used for screens and the benefit of gravel packing. Mr. Cheney clarified that his recommendation is to continue on one well, step by step, under Geraghty & Miller's supervi- sion. Councilman deLong moved to accept the recommendation of the City Manager and Utility Director, seconded by Vice Mayor Zimmerman. No discussion. Motion carried 5-0. NEW BUSINESS Districtinq - Requested by Councilman Nick Cassandra Councilman Cassandra announced he would like to postpone this until May 17 as there is a bill before the County Commission changing primaries which would be part of what he would be recommending. Mr. Vance added that he thought it might be practical to postpone this until the first meeting in June. Councilman Cassandra moved to postpone this until the June 7 meeting, seconded by Councilman deLong. Motion carried 5-0. City Representation on Community Action Board - Requested by Councilman Samuel Lamar Wright Councilman Wright stated that he requested this to be deleted because some of the members have not attended regularly. -26- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 Mr. Wright continued that there should be representation at every meeting. Perhaps, a letter should be sent to the mem- bers requesting them to attend as many meetings as possible on behalf of the City of Boynton Beach. ADMINISTRATIVE Consider Appointing two alternate members to Boynton Beach Housing Authority TABLED Councilman Wright stated that he wrote to Mr. Kloster, but has not heard from him and will attend their meeting. Six Month Budqet Review Mr. Cheney distributed a memo showing where we stand at the end of six months. He reviewed the apparent changes and explained how it Was difficult to make projections. He indicated a number of adjustments. He then reviewed the expenditures and advised these have been presented to the department heads and further discussions will take place with them. He has put a new limit on each department, which cuts us down %o not over what we are getting in revenue. Some of the first cut reductions in expen- ditures include all new positions not yet hired and which were planned for only the last five months of the year. However, he recommends that the planned street resurfacing program for this year be reduced to $100,000 for the present so that the follow- ing new positions can be filled: one additional inspector for the Building Department; two additional vice squad positions and two police aides in the Police Department; a landscaping crew for the Park Division to keep up with added park areas and take on new landscaping and beautification projects throughout the City since memos have requested this from the Council members, Community Appearance Board, Community Redevelopment Agency, etc. His suggestion at this point is to take $50,000 from street re- surfacing. If the income is better than expected or if we get revenue from the gas tax, we will be in a better position to add to the street resurfacing program. He expects we will have a 2¢ gas tax, so we will have something to help with street resur- facing and it can also be added for drainage, new construction, etc. Councilman deLong questioned how many unfilled positions there were which have been appropriated for and Mr. Cheney replied there were almost none. Mr. deLong stated he would like to know how much over each there is for these positions which were not filled. Councilman Wright agreed that he would like an update at the next meeting. Mr. Cheney agreed that he plans to do that after getting more departmental input. He wanted to alert the Council where we are and what is being done. -27 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3 , 1983 Mayor Warnke stated he would like to see why and asked if the revenues were being reduced and Mr. Cheney replied that the ad valorem taxes were probably based on exemptions being ap- proved and maybe some were over-estimated. Councilman Cassandra referred to tennis and Mr. Cheney informed him that tennis is offset by less expenses and we have hired less people because the play is less than predicted. Mayor Warnke stated that an explanation is needed and Mr. Cheney replied that a history of revenue sharing was taken and what we are getting and a judgment was made; the government also cut back 5%. Councilman Wright commented that he would hate to see the budget reduced for street resurfacing as that is needed. Vice Mayor Zimmerman moved to accept the report and file it, seconded by Councilman Cassandra. No discussion. Motion car- ried 5-0. Report on Parkinq in Area of N.E. 26th Avenue and 3rd Street Mr. Cheney stated he would like to table this as we have been having meetings with the people involved. Councilman deLong moved to lay this question on the table, seconded by Council- man Cassandra. Motion carried 5-0. Black Awareness Committee Report Mr. Louis Skinner came before the Council and expressed the Committee's appreciation and thanks to the City for their sup- port for making Black Awareness Day a success. He would like this support to be continued in the future. It~WaS a pleasure working with the City Manager and also other employees. Mayor Warnke then thanked the Community Relations Board and the Black Awareness Committee for the excellent work they did and Councilman Wright advised~ tha~ the Community Relations Board had nothing to do with it. Accept Douglas Sussman's resignation from the Planning & Zoning Board and consider replacement to fill above Councilman deLong moved to accept this resignation and send a letter of thanks for past services performed. Vice Mayor Zimmerman seconded the motion. No discussion. Motion carried 5-0. Councilman deLong moved to open nominations for a replacement. Vice Mayor Zimmerman seconded the motion. Councilman Cassandra nominated Mr. Walter Kies for the alternate slot on the Plan- ning & Zoning Board as he thinks his resume speaks well of him. -28- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1983 Mayor Warnke announced that the Chair will consider a unanimous vote for Mr. Walter Kies to fill the alternate slot on the Plan- ning & Zoning Board. Councilman Cassandra so moved, seconded by Vice Mayor Zimmerman. No discussion. Motion carried 5-0. Accept Howard Nannen's resignation from the Municipal Golf Course Advisory Committee and consider replacement to fill above Councilman deLong moved to accept this resignation with the usual letter of thanks for past services to be sent. Councilman Wright seconded the motion. Motion carried 5-0. Councilman deLong referred to holding off on naming a replacement in order to get someone knowledgeable about golf courses and moved to lay this question on the table. Vice Mayor Zimmerman seconded the motion. Motion carried 5-0. Appoint One Community Redevelopment Agency.Member Mayor Warnke suggested that Mr. Dale Hatch continue with a four year term on the Community Redevelopment Agency. Councilman deLong so moved to re-appoint Mr. Dale Hatch for four years and have the City Attorney amend the ordinance. Councilman Wright stated that Mrs. Pat Woolley has expressed interest in serving on the Community Redevelopment Agency and Chairman Thompson suggested that she be appointed. Councilman deLong moved that nominations be closed, seconded by Mr. Zimmerman. Motion carried 5-0. Mayor Warnke called for a vote on the nomination of Mr. Dale Hatch to serve a four year term on the Community Redevelopment Agency and the vote was 4-1 in favor with Mr. Wright dissent- ing. Mayor Warnke recommended that Mr. Henry Thompson be designated as Chairman and Mr, Samuel Scheiner as Vice Chairman to continue for another year. Vice Zimmerman so moved, seconded by Council- man deLong, as they are doing a splendid job. Mr. Cassandra moved to close recommendations, seconded by Mr. deLong. Mayor Warnke announced that the Chair recognizes a unanimous vote for Mr. Henry Thompson as Chairman and Mr. Samuel Scheiner as Vice Chairman. Motion carried 5-0. Offer of PGA Security, Inc. Councilman deLong referred to receiving a nice offer from PGA Security and moved to accept their offer. Councilman Cassandra seconded the motion. No discussion. Motion carried 5-0. Letters of Thanks - re: Appropriation of Funds RelatiVe to a Boynton Beach Boulevard Interchange at the Sunshine Parkway Councilman deLong moved that letters be sent to Representative Messersmith and Governor Graham thanking them for digging up -29- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~Y 3, 1983 money to start a survey for an interchange at Boynton Beach Boulevard and the Sunshine Parkway. Also, a letter of thanks to ask them in a nice manner to continue their efforts because an interchange is long overdue. Vice Mayor Zi~merman seconded the motion. Under discussion, Mr. Zimmerman asked if this would be a traffic survey and Mr. deLong replied affirmatively in re- lation to a turnpike interchange. Motion carried 5-0. ADJOURNMENT Councilman deLong moved to adjourn, seconded by Vice Mayor Zimmerman. Motion carried 5-0 and the meeting was properly adjourned at 10:25 P. M. CITY OF BOYNTON BEACH, FLORIDA y / MayGr ATTEST: Vice Mayor Counc i lman Councilman/ -Reco~din~ Secretary (Three Tapes) -30- AGENDA May 3, 1983 ADMINISTRATION Approval of Bills: Allied Universal Corporation Chlorine, Sodium Hypochlorite etc. for Water Treatment Plant. Pay from Water & Sewer Revenue---401-332-533-30-63 1,706.7~ ® H. Barber & Sons~ Inc. Barber Surf-Rake Model 400 per specifications Pay from Federal Revenue Sharing---320-722-572-60-41 Per bid 3/16/83, Council approved 4/5/83 t0,000.0C Butler Manufacturing Compamy Maintenance Building for Municipal Golf Course Pay from B.B. Rec. Facility Constr. Fund: 415-000-169-41-00 30,868.00 e City of Boca Raton Payment for Cooperative Dispatch Center (first two quarters of the 1982/83 fiscal year) Pay from General Fund---001-211-521-40-79 135,914.00 Se De Bra Turf & Industrial Equip...Co. National 84" Reel Mower W/6 Blade Reel, Timken Roller, & 12 H.P. Kohler Engine per specifications. Pay from Federal Revenue Sharing: 320-722-572-60-42 $5,000.00 320-000-247-2H-00 580.00 Per bid 3/11/83, Council approved 4/5/83 5,580.00 East Coast Fire Equipment, Inc. 45 Mask Valved, Change Over Kits(13), 30 Minute Air Paks (11) & Lens Ring Replacement Kits (2). Pay from Federal Revenue Sharing---S6,535.76 Pay from Water & Sewer Revenue ..... 3,703.41 Approval by City Manager 10,239.17 m Ernst & Whinney 1,175.00 Professional services rendered regarding report on compliance with Federal Revenue Sharing regulations for the year ending 9/30/82. Pay from Federal Revenue Sharing---320-131-513-40-66 CoUNCiL AppROVSD: Be e 10. 11. 12. 13. 14. 15. -2- Hewlett Packard Various items needed for the Gas Chromatograph at Water Plant plus installation charge. Pay from Water & Sewer Revenue---401-332-533-60-42 Hewlett Packard "Sole Source" $ 4,949.0£ 9,720.5C 1,500.0~ 1,075.00 6,308.05 4,713.80 9,353.00 140.40 COIJNCt PPRO /! S..I. Lime company Lime for Water Treatment Plant Pay from Water & Sewer Revenue---401-332-533-30-65 ~'Brien, Suiter & O'Brien, Inc. Survey work for water wells and r~wwater lines Pay from Utility General Fund---403-000-169-01-00 Real Estate Data Inc. early Rental Charges---Contract No. 190083 or R~al Estate Information - Plat Books, Real Estate Updates, Microfiche. Pay from General Fund---001-241-524-40-72 Regency Dodge Dodge ½ Ton Pickup for ~ewage Pumping Pay from Water & Sewer Revenue---401-352-535-60-83 State Contract No. 070-00-83-1 E.J. Schrader Co., Inc. 52 Mattresses for Fire Dept. Pay from General Fund ............ 001-221-522-60-71-$753.80 Pay from Federal Revenue Sharing-320-221-522-60-71 3960.00 Per bid 1/28/83, Council approved 3/15/83 Tri-Cities Construction, Inc.A 1. $2 C ' PP ' onstruction of foundation, slab and metal structure for Maintenance & Golf Cart Storage from 3/24/83 to 4/25/83. Pay from B.B. Rec. i'Facility Constr. Fund: 415-000-169-41-00 ~siah Andrews Driver for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Ordinance ~73-15, passed 5/15/73 -3- 16. 17. ~illie Ruth McGrad¥ Server for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Ordinance ~73-!5, passed 5/15/73 Daniel O'Connell General Contr.actor, Inc. Payment $3 Golf Course Clubhouse for period 4/1/83 to 4/30/83 Pay from B.B. Rec. Facility Constr. F~nd: 415-000-169-41-00 134.40 70,314.0( The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Grady W. ~nn, Finance' ~ Director I therefore recommend payment of these bills. ~'~~ / '~~ Manager Peter L. Cheney, City 18. 19. Yon Haqge & Devlin, Inc. Invoice #664 Golf Course - May Installment ~yre Fairway Application $6 For Golf Course - 4/1/83 2,800.00 60,128.40