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Minutes 07-03-84MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, JULY 3, 1984 PRESENT Carl Zimmerman, Mayor Robert Ferrell, Vice Mayor Nick Cassandra, Councilman James R. Warnke, Councilman Samuel L. Wright, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney Mayor Zimmerman called the meeting to order at 7:35 P. M. He announced we are honored in having Rev. James Smith, First united Methodist Church, present to give the invoca- tion. He requested everyone to please remain standing for the Pledge of Allegiance to the Flag led by Mr. Peter L. Cheney, City Manager. AGENDA APPROVAL Councilman Warnke stated he would like to add under New Business - Item A, Site Plans. Mr. Cheney stated he would like to add one payment of bills to Twin Construction for the beach construction in the amount of $147,632. He would like to delete Item E under the Consent Agenda, a request for a construction trailer, because he understands the site plan has not been approved yet. Councilman Cassandra moved to accept the agenda with the corrections, seconded by Councilman Wright. Motion carried 5-0. ANNOUNCEMENTS Mayor Zimmerman announced that City Hall will be closed on Wednesday, July 4th, in observance of Independence Day. The Mayor announced a public hearing will be held on Thursday, July 5th at 7:30 P. M. in reference to the Community Redevelopment Agency Plan. Mayor Zimmerman announced there will be a July 4th celebra- tion at the Boat Ramp Park with the flag raising ceremony beginning at 2:00 P. M. and activities continuing throughout the day. Fireworks will be at 8:45 P. M. REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 MINUTES Regular City Council Meeting Minutes of June 19, 1984 Councilman Cassandra moved to accept the minutes as pre- sented, seconded by Councilman Wright. No discussion. Motion carried 4-0 with Councilman Warnke abstaining since he was not present. CITY MANAGER'S REPORT Summer Employment Program Mr. Cheney reported that we are participating in the Urban League Summer Employment Program with 22 summer employees. They started work today. Water SupDi¥ & Wells Mr. Cheney referred to being asked to give a status report relative to well sites, production well and water supply and advised we submitted an application to the South Florida Water Management for a water withdrawal permit. There will be a meeting with the City Attorney and Russell & Axon to finalize the location for that well and others to proceed with negotiations. Progress of Beach Construction Mr. Cheney referred to there being complaints from some people saying no work was going on at the beach and assured the Council there is work going on. The buildings are coming along and landscaping is going in at the north end. Some of the walkways are finished and the shade pavilions are being constructed. The old parking area at the top is being raised. The project is coming along well. He told about the architect spending a lot of time there being care- ful about workmanship. Councilman Cassandra stated it was recommended by the Parks & Recreation Board that possibly a sequence of photographs could be displayed, so the citizens can observe the progress. Mr. Cheney agreed and advised these are taken every month and he will put them on display in the lobby. Golf Course Mr. Cheney announced the golf course has been open 3~ weeks and has been functioning very well. He read various sta- tistics and advised that detailed reports are made on a - 2 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 daily basis and explained how these covered all kinds of activities. He further explained how these should result in having accurate information about the course and its use. After these reports have been submitted for a few months, they will be compiled in summary form and submitted to the City Council. Street Load Capacity Councilman Cassandra referred to large trucks and the street load capacity and asked if there is a city code specifying the amount of weight allowed on streets and Mr. Cheney replied that there are codes in the city and county. Mr. Cassandra questioned who is responsible if trucks damage our streets and Mr. Cheney replied that we don't know because we don't weigh trucks. He added that the Motor Vehicles Dept. and State Police check weights periodically. Mr. Cassandra referred to the construction and asked if there was some way to control trucks, so the streets don't get damaged. Mr. Cheney replied that Old Boynton Road will continue to be damaged and explained how there was never a foundation under it. The current roads are being built to standards and are satisfactory and should only require routine maintenance. PUBLIC AUDIENCE Mayor Zimmerman announced that anyone wanting to speak on any item on the agenda who has not given their name to the City Clerk should do so at this time. Mrs. Wilda Searcy, 402 N.E. 13th Avenue, referred to the street resurfacing project on the agenda and questioned in what area this was going to take place and Mr. Cheney first clarified that sidewalks are not included and explained this list is updated annually and approved by the City Council and is compiled according to streets needing resurfacing in the city. In Cherry Hills, the streets are scheduled for rebuilding within the next few years. Some of the streets in that area have more major problems to be addressed such as utility lines, widening, etc. He then read the streets listed proposed to be resurfaced in the north end. Mrs. Searcy requested that repairs be done in her community, so it can be decent for people to live there. Mr. Cheney informed her that thousands of dollars were just spent on Martin Luther King, Jr. Boulevard and there is money set - 3 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 aside for several other streets. Community Development funds are being spent in the area she is concerned about. Mrs. Searcy stated that 3rd Street needs to be cleaned up and Mr. Cheney replied that cleaning up is not under this. Councilman Wright suggested that she review the list of streets and submit suggestions. Mrs. Searcy stated that sidewalks are also needed and Councilman Wright replied that some people in that area expressed interest in not having sidewalks. Mr. Cheney explained how sidewalks take away from the existing property and how this was at a minimum along N.W. 12th and N.W. 13th Avenues. He added that the whole city is taken into consideration and work is being done in the area she is concerned with. Mrs. Dee Zibelli, 440 Ocean Parkway, referred to the North Boynton Task Force giving out their first beautification awards on June 25 and stated she would like to thank the Mayor, Vice Mayor and Council for being in attendance for the awards. CONSENT AGENDA A. Bids Pipe Fittings and Other Accessories - Utilities The Tabulation Committee recommends awarding the bid to various vendors per the breakdown submitted. B. Resolutions Proposed Resolution No. 84-DDD - Re: Bond Reduction and Acceptance of Improvements - Phase II of Willowood A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE PERFORMANCE BOND FOR PHASE II OF A PORTION OF LAKE BOYNTON ESTATES, OTHERWISE KNOWN AS WILLOWOOD, IN PLAT 1, BOOK 13, PAGE 32 AND PLAT 4A, BOOK 14, PAGE 69 AS RECORDED IN PALM BEACH COUNTY RECORDS Proposed Resolution No. 84-EEE - Re: Bond Reduction - Boynton Lakes Plat I A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING PERFORMANCE BOND FOR BOYNTON LAKES, PLAT NO. I - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 C. Sole Source Purchase of Breath Testing Devices - Polic~ The Purchasing Agent concurs with the recommendations of Capt. DeLoach and Chief Hamilton to purchase the Intoxilyzer 5000 per the memorandums submitted. D. Extension of Annual Petroleum Bid - Public Works The Purchasing Agent recommends extending this contract for petroleum products and lubricants from Holmac International Corp. and also recommends joining the cooperative bid awarded to John D. Benke Oil for fuel. E. Approve request of Mr. Robert A. Lake, Director of Administration of the Pylon Companies to place a leased office construction trailer at the intersection of Woolbright Road and 1-95 Deleted. F. Approve Reduction in Retainage/Madsen-Barr The Director of Utilities concurs with Russell & Axon's recommendations that the retainage be reduced 5% as $50,000 will more than cover what little work they have yet to do. G. Amend Annual Street Resurfacing Project The City Engineer submitted a memo dated June 28, 1984, together with a list for approval. H. Hurricane Evacuation Procedures The City Manager concurs with the proposal for unified eva- cation procedures submitted by Craig Grabeel per his memo dated June 27, 1984, and recommends that the Mayor and City Council agree to this arrangement. I. Cherry Hills Improvements The City Manager submitted a memo outlining improvements in the Cherry Hills area and recommends the agreement with Metric Engineering be approved. - 5 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 J. Approve Request for Refund on Cemetery Lots 330A & B, Blk R James J. & Grayce M. O'Shea submitted this request. K. Approval of Bills See list attached. Councilman Warnke moved to adopt the Consent Agenda, Items A, B, C, D, F, G, H, I, J, and K as presented by the City Manager with the addition to the approval of bills. Councilman Cassandra seconded the motion. Under discussion, Mr. Cassandra referred to discussing some questions with Mr. Cheney and advised that he raised the question of con- sistency regarding the reduction of bonds which Mr. Cheney will address. He believes the procedure should be followed and should be consistent, which the City Manager will clarify. Mayor Zimmerman asked if there was any indication of approximate cost for Item C and Mr. Cheney informed him it is $5,400. Motion carried 5-0. BIDS Vehicle Towing Service Contract - Police Mr. Steven D. Marcus, 251 Royal Palm Way, Palm Beach, attor- ney representing Zuccala Wrecker Service, stated it was his understanding explanations would be given regarding the questions raised for checks for services which were supposed to be free. Mr. Cheney informed him these checks were identified and explained under the current contract, the only work to be free was for police vehicles, but the pro- posed new contract does provide additional free services. Also, the new contract provides free towing for any vehicle any size in the city and the Old one basically covered sedans. Mr. Marcus read a letter from Mr. Sullivan dated June 25 stating city owned vehicles were charged for and questioned if this was a discrepancy and Mr. Cheney replied that under the current contract, they did charge for non- sedans. Under the new proposed contract, all vehicles owned by the city will not be charged. He then referred to the checks being presented previously in an unfair manner and stated these have been identified. Councilman Warnke objected to this being like an interroga- tion period in a court of law. Councilman Wright stated that the people have the right to question the bids. - 6 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 Mr. Marcus continued that in comparing the proposed bids, it is his understanding that 95 to 98% of all towing is basi- cally under 2-A where Boynton Wrecker Service intends to charge $30 and Zuccala Wrecker Service intends to charge $24. He explained how nothing is done for free and someone else is charged. He questions the right for the city to accept it free when someone else will be charged. The city should accept their public responsibility. After further discussion, Mr. Cheney stated these were bids and anyone can bid any way they want. He does not think the comparisons made are appropriate and explained how this service serves only a few people for a special need. This is an oppor- tunity to save dollars for the city and the others using the service only pay a small percentage higher. Councilman Cassandra asked if these are sealed bids and Mr. Cheney replied affirmatively. Mr. Zuccala asked if any inspections had been made of the paperwork or compound and Mr. Cheney replied that he has not personally, but the staff has looked at these and the recom- mendation is to go ahead in the same way. Mr. Marcus stated concurrent with what a person is charging is the quality of service. It must be legitimate and it is very important. It is easy to bid cheaply if they don't have to prepare the proper paperwork. Mayor Zimmerman stated to his knowledge, there has not been any shoddy work and the service has been satisfactory. Mr. Cheney added that the city staff has stated the work has been satisfac- tory and in compliance. Councilman Wright suggested when they bid in the future, possibly they should bid lower and Mr. Marcus replied that less than zero is difficult and they don't like to charge people for someone else's service. Mr. Cheney explained that when a private person has an accident, the choice of the wrecker service is their own. Councilman Warnke moved to award this bid to Boynton Wrecker Service, seconded by Vice Mayor Ferrell. No discussion. Motion carried 5-0. - 7 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 PUBLIC HEARING NONE DEVELOPMENTPLANS NONE LEGAL Ordinances - 2nd Reading - Public Hearinq Proposed Ordinance No. 84-24 - Re: Annexation - Grummons Property Mr. Vance read proposed Ordinance No. 84-24 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION VII(32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PART OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE AND AUTHORITY TO CODIFY; AND FOR OTHER PURPOSES. Mayor Zimmerman asked if anyone in the audience wished to speak in favor of Ordinance No. 84-24 and received no response. He asked if anyone opposed would like to speak on it and received no response. Vice Mayor Ferrell made a motion to approve Ordinance No. 84-24 on second reading, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Warnke Councilman Wright - Nay - Aye - 8 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Motion carried 4-1. Proposed Ordinance No. 84-26 - Re: Amending Land Use Element - Grummons Property Mr. Vance read proposed Ordinance No. 84-26 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY LOW-MEDIUM DENSITY RESIDENTIAL TO CITY OF BOYNTON BEACH LOCAL RETAIL; PROVIDING A SAVINGS CLAUSE, REPEALING PROVISION; EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayc this wish rece Vice 84-2 No d moti Moti Prop Prop Mr. r Zimmerman asked if anyone wished to speak in favor of ordinance and received no response. He asked if anyone ed to speak against the adoption of this ordinance and ived no response. Mayor Ferrell made a motion to adopt Ordinance No. 6 on second reading, seconded by Councilman Cassandra. iscussion. Mrs. Boroni took a roll call vote on the on as fOllows: Councilman Wright - Aye Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Nay on carried 4-1. osed Ordinance No. 84-27 - Re: Rezone - Grummons ~rty Vance read proposed Ordinance No. 84-27 by title: - 9 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED INTO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE AS C-3 (COMMUNITY COMMERCIAL DISTRICT); PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Zimmerman asked if anyone in the audience wished to speak in favor and received no response. He asked if anyone wished to speak against this ordinance and received no response. Councilman Wright moved the adoption of proposed Ordinance No. 84-27 regarding rezoning of the Grummons property on second and final reading. Vice Mayor Ferrell seconded the motion. No discussion. Mrs. Boroni took a roll call vote: Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Nay Councilman Wright - Aye Motion carried 4-1. Proposed Ordinance No. 84-28 - Re: Powers granted to Community Redevelopment Agency by City Council Mr. Vance advised this is the Community Redevelopment Agency ordinance and pointed out that two pages were corrected. He then read proposed Ordinance No. 84-28 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, DELEGATING CERTAIN POWERS TO THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, PURSUANT TO SECTION 163.370, FLORIDA STATUTES (1983), PROVIDING THAT CERTAIN OF THE DELEGATED POWERS MAY ONLY BE EXERCISED BY THE COMMUNITY REDEVELOPMENT AGENCY WITH THE APPROVAL AND CONSENT OF THE CITY OF BOYNTON BEACH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Zimmerman asked if anyone wished to speak against the adoption of this ordinance. - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 Mr. Ben Uleck, 1507 S.W. 17th Avenue, stated he would like to know what powers are granted by the City Council to the Community Redevelopment Agency. Mayor Zimmerman suggested that the City Attorney read these from the ordinance and Councilman Cassandra gave a copy of the ordinance to Mr. Uleck. Mr. Cheney informed him this ordinance is a product of the joint public work session publicly announced by the Community Redevelopment Agency and City Council. He told about the powers being reviewed and the decisions made to keep some and delegate others. This ordinance has been available since first reading two weeks ago. Mr. Uleck asked if 90% of the people know the actual powers being given and questioned why it wasn't published. Vice Mayor Ferrell responded that the public was invited to the workshop meeting and this was read and discussed line by line. Councilman Cassandra told about giving this detailed review at the special meeting an~ clarified that the City Council still must give approval. Mr. Uleck referred to the article in the Boynton Times giving the power to the Community Redevelopment Agency to go ahead and stated after reading this, many people questioned if they were being given all the power. Councilman Warnke requested that he read the minutes of the Council meetings as opposed to what is published in the Boynton Times. He stressed that the Council does have control over the Community Redevelopment Agency and the Council has not given up their powers. After further discussion, Vice Mayor Ferrell moved to adopt Ordinance No. 84-28 on second reading, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Councilman Wright - Aye Mayor Zimmerman - Aye Motion carried 5-0. Councilman Cassandra referred to the Chairman, Vice Chairman and Attorney from the Community Redevelopment Agency being present in the audience and suggested that they consider - 11 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 their own agency when looking for an Executive Director as he thinks Mr. Sam Scheiner might be a perfect Executive Director and should be compensated according to the budget. Mr. Thompson thanked him for this comment and stated they will take him under consideration. Ordinances - 1st Reading Proposed Ordinance No. 84-29 - Re: Access Cable of West Boynton, Inc. Franchise Mr. Vance read proposed Ordinance No. 84-29 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, GRANTING A NON-EXCLUSIVE LICENSE TO ACCESS CABLE OF WEST BOYNTON, INC., TO OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN CERTAIN AREAS OF THE MUNICIPAL LIMITS OF THE CITY OF BOYNTON BEACH; PROVIDING THE TERMS OF SAID LICENSE; PROVIDING FOR A REPEALING CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Vice Mayor Ferrell made a motion to adopt Ordinance No. 84-29 on first reading, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman Warnke - Aye Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Motion carried 4-0. (Councilman Wright had left the room.) Resolutions Proposed Resolution No. 84-FFF - Re: Consider support of additional 2~ Local Option Gas Tax Mr. Vance read proposed Resolution No. 84-FFF by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT FOR LOCAL OPTION GASOLINE TAX DISTRIBUTION. - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 Mr. Cheney distributed copies of this resolution to the Council and advised that if adopted, it approves an agreement which may or may not be adopted by a number of cities and the county. If it is adopted by enough cities representing 51% of the municipal population and is adopted by the county by at least four votes, it will increase the amount collected under the local option gas tax from 2~ to 4~. The distribution formula would not change. All it would do is increase the tax from 2g to 4~ for a ten year period. He explained the period the additional tax would be effective if approved. He referred to some cities not approving it and stated it is a controversial tax and it is questionable whether the County Commission will have four votes or not. This is a way to improve roads with those who use them paying for it. It also makes the tourists pay, who may not contribute their fair share. This is a way to get a little bit of money for roads. Mayor Zimmerman referred to the major improvement list not including Seacrest Boulevard and Mr. Cheney replied this list is the same one which was approved and set in concrete a year ago and Seacrest Boulevard was not a part of that. He explained with the additional tax, it might provide for Seacrest Boulevard. Councilman Wright stated that he supported 4~ from the onset and still supports 4~. He explained how it is impossible to take care of needs without funds. Vice Mayor Ferrell agreed. Mr. Cheney explained that this must be approved at this time in order to do it for the coming fiscal year. Councilman Cassandra requested the time schedule to be repeated and Mr. Cheney explained that the 2~ was originally approved for five years and one year has gone by, so the additional 2~ could be for a period of four years plus an additional five years. He further explained that the five year work plan has been submitted, but is subject to discussion and approval by the Metropolitan Planning Organization and Board of County Commissioners in their annual capital improvement program. Mayor Zimmerman clarified that the final decision is up to the County Commission and four votes is needed to pass. Councilman Cassandra questioned if a reason was given why - 13 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 West Palm Beach turned it down and Mayor Zimmerman replied they are opting for expressways east and west. Mr. Cheney added they were not opposed to the agreement, but just decided it was not the year to support it. Councilman Warnke moved to adopt Resolution No. 84-FFF, seconded by Councilman Wright. Under discussion, Mr. Wright suggested in the event this is passed, he would like to see a nice letter sent to the County Commissioners telling them we feel the need to support this and a priority should be made to fund Seacrest Boulevard, since we are supporting this. Mr. Cheney stated if this is approved, this will be the second time the city will have gone out in front assisting in the funding of roads. A few years ago, we were one of the first to enact the road impact fee. He thinks we have submitted $300,000 from the road impact fee which will be spent in this area. He would hope this would have some impact on the funding of Seacrest Boulevard. Vice Mayor Ferrell stated he supports the idea of the tax as long as we are sure Boynton Beach will get their fair share. Mayor Zimmerman commented that he doesn't imagine the way we vote tonight will affect how the County Commissioners vote. It may show how the City Council feels, but not how the tax- payers feel. He believes the County Commissioners have made up their minds not to pass this. Councilman Cassandra asked how much this additional 2~ would amount to and Mr. Cheney replied that he anticipated $140,000 per year. Mrs. Boroni then took a roll call vote on the motion as follows: Councilman Warnke - Aye Councilman Wright - Aye Mayor Zimmerman - No Vice Mayor Ferrell - Aye Councilman Cassandra - No Motion carried 3-2. Proposed Resolution No. 84-GGG - Re: Abandonment of Easement - Pineland Plaza/Pronto Builders Mr. Vance read proposed Resolution No. 84-GGG by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, VACATING AND ABANDONING A SPECIAL PURPOSE EASEMENT CONCERNING THE PROPERTY HEREINAFTER - 14 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 DESCRIBED; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID SPECIAL PURPOSE EASEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Vice Mayor Ferrell made a motion to adopt Resolution No. 84-GGG, seconded by Councilman Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Wright - Aye Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Motion carried 5-0. Other Approve Water Service Agreement - Alan Ciklin Property Boynton Beach Boulevard and Knuth Road Mr. Cheney referred to submitting a memo dated July 3 with the pertinent information and advised that a recommendation was submitted by Mr. Cessna. He added this land is quite close to the city and is in the midst of our utility service area. The use is small as it is for a gasoline station. Water is available. They will have to extend the gravity sewer line. Councilman Warnke asked if it will have a car wash and Mr. Cheney replied affirmatively, but in most cases, they do recycle that water and they do have to pay a 25% surcharge. Vice Mayor Ferrell made a motion to approve this water ser- vice agreement, seconded by Councilman Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Zimmerman Vice Mayor Ferrell Councilman Warnke Councilman Wright - Aye - Aye - Nay - Aye Motion carried 3-1. room.) (Councilman Cassandra had left the - 15 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 OLD BUSINESS Consider Selection of Engineering Services Relative to Boynton Beach Landfill Mayor Zimmerman stated he would like to set a meeting for this and Mr. Cheney suggested July 9 at 7:30 P. M. for one meeting and possibly interview a second engineer at 8:30 and if the Council wants to interview a third one, it can be scheduled. He thinks it is important for the Council not to take the recommendation, but to meet with the firms and understand the situation with solutions, problems and alter- natives. It is quite likely to be a fairly expensive opera- tion. We have to do an analysis, underground testing, etc. We are mandated and must accept the responsibility to close this landfill in the proper way. The firms have a lot of expertise and are well qualified. He asks that the City Council take that evening to meet with them. Councilman Cassandra stated that the Board of Adjustment meets that night and there is a sensitive issue to be heard with the fence at Mariner's Village and the Council normally attends. Mr. Cheney replied that the Board of Adjustment is a separate body from the City Council. Councilman Wright stated that he would like to interview all three firms. Vice Mayor Ferrell stated he will be away'until July 15, but that it shouldn't be held up for him. Mayor Zimmerman referred to the information being submitted and suggested possibly he could submit comments in memo form before he leaves. If the other four members can attend, he would be in favor of having these interviews rather than delaying. Councilman Warnke agreed. Mayor Zimmerman announced this meeting would be held on July 9 at 7:30 P. M. in the conference room. Mr. Cheney asked if they wanted to interview two or three firms and Councilman Wright replied that he would like to interview the top three. - 16 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 Review Ordinance and Policy Relative to City Direction Signs Mr. Cheney referred to memos being submitted and stated that George Hunt did a lot of research. He thinks we have ade- quate policy already in the city code. He told about the ordinance requirements which were adopted in 1979. However, it seems enforcement has been somewhat lax. He explained some discrepancies of the signs located on the entrance boards. Mr. Cheney stated that he feels the signs on the two entrance boards fall under the definition of directional sign and read paragraph (3). He suggests if the Council agrees with this and the memos submitted answer the questions and we do have a policy in the code, he will write to those people who have signs and will arrange for them to get permits if they comply and if not, request them to be taken down. He stressed that the ordinance will be complied with in the future. Councilman Cassandra asked if there would be a charge for the permits and Mr. Howell replied there would not be for these particular ones. Vice Mayor Ferrell asked if the people having signs there now would have to get permits and Mr. Cheney replied affirmatively, so correct records can be made. Mr. Ferrell referred to signs being grandfathered in and Mr. Cheney informed him there were no records of permits prior to 1979, so grandfathering cannot be proven. Mr. Ferrell clarified that the recommendation is to have a logo, meeting time and place and the existing ones must be changed to conform and Mr. Cheney agreed. Councilman Warnke stated that he has another alternative and passed around copies of a suggested sign. He suggests dispensing with all signs we have there now. There are 116 organizations in Boynton Beach who would like to have their logo up there now. Comments were expressed in opposition and Mayor Zimmerman stated as long as we have the fence to put signs on, we may as well make use of it and it is a com- mon practice to see these in various cities. Vice Mayor Ferrell made a motion to adopt the final recom- mendations 1 and 2 on Page 2 of the City Manager's memo of July 3, 1984, in regard to these signs. Councilman Warnke seconded the motion. No discussion. Motion carried 5-0. - 17 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 Discussion of Ordinance on Train Whistles - Requested by Councilman James R. Warnke Councilman Warnke stated that Boca Raton has been pushing for this for a long time, but it was turned down at a pre- vious Council meeting. The state has passed a statute giving cities authority to go ahead and pass an ordinance under state guidelines. He would like to have this Council go on recor,d to have the train whistles banned under the state statutes between 10:00 P. M. and 6:00 A.M. He would like to have the City Attorney prepare this ordinance for approval at the next Council meeting. Vice Mayor Ferrell asked if the railroad had opposed such an ordinance? Mr. Vance stated that statutory authority was given and he is awaiting a copy of the bill. Mayor Zimmerman stated he thinks this bill only permits it on one railroad and Mr. Cheney agreed it is only the F.E.C. Councilman Warnke moved to have the City Attorney prepare this ordinance. Mr. Vance advised that a second is not needed, but he will submit a proposed ordinance. Councilman Wright commented that-he doesn't like this at all. NEW BUSINESS Site Plan Discussion Councilman Warnke read the following statement: "Many times in the past, the Council has been asked to approve site plan changes. I feel the City should be able to officially turn down any request for a site plan change approval unless the following is adhered to: "1. No site plan change request could be considered if there is any unresolved code violation citation on the property owners. "2. No site plan change could be considered unless the city is satisfied that the original approved plan was adhered to in every respect regarding staff recommen- dations from the Technical Review Board, the Planning & Zoning Board, the Community Appearance Board and any other staff comments that were made a part of the origi- nal approval by the City Council. - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 "Because of the large amount of development in our area, I think that we should have firm control over plans approved and make sure the developers carry out promises made at the time of the original approval. "Before I make a motion on items 1 and 2 above, I would like comments from the Council, City Manager and City Attorney." Mayor Zimmerman asked if we can legally do this and Mr. Vance replied that essentially we can, but sometimes a request is received before a development is completed and No. 2 should read to that point in time. He added that other than that, this is probably quite accomplishable by the City Council, if desired. Councilman Cassandra referred to having this already and Councilman Wright stated he would like to have comments from the staff. Councilman Warnke gave the example of trees dying due to lack of water and Councilman Cassandra clarified that he is concerned about followup steps. Councilman Warnke agreed and added if someone comes in for a site plan change, we could ask if they have lived up to their original approval. Mr. Cheney explained this is done automatically whenever caught, but Councilman Warnke thinks it is a good idea to have the teeth to do it. He likes the idea of being sure we have the ability. Mr. Vance commented that it is possible we may have it in the ordinance and it is common sense to do it. Councilman Warnke made a motion to have the City Attorney look into suggestions 1 and 2 and bring back a recommen- dation of what can be done by the Council, seconded by Vice Mayor Ferrell. No discussion. Motion carried 5-0. ADMINISTRATIVE Consider Youth Advisory Council (Tabled) Councilman Wright announced he is waiting to hear from one of the City Boards and requested this to remain on the table. - 19 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 Board Appointments Mr. Ferrell made a motion to take the various board appoint- ments listed on the agenda from the table, seconded by Mr. Cassandra. Motion carried 5-0. Appointment of Regular Member to Community Relations Board Mayor zimmerman referred to Miss Veoletta Wright being an alternate member of the Community Relations Board and stated she is willing to accept a permanent regular appointment and he would like to make that appointment. Appointments to Boynton Beach Housing Authority vice Mayor Ferrell nominated Mr. Mike Staley as a regular member. Councilman Wright nominated Rev. R. M. Lee as an alternate member of the Housing Authority. Councilman Cassandra referred to moving up alternates and Vice Mayor Ferrell moved to appoint Mrs. Myra Jones to a regular position and put Mr. Mike Staley as an alternate member. Appointment of Alternate Member to Codes Enforcement Board Councilman Warnke stated that he didn't have a nomination. Councilman Wright commented there is a need to find somebody from the North Boynton Task Force to serve on this board, but they must meet the criteria for that board. Appointment of Two Alternate Members to Community Relations Board Councilman Cassandra stated he would like to table this as he was not aware he had to submit a name tonight. Mayor Zimmerman added that he also did not have anyone. Vice Mayor Ferrell made a motion to accept all these board nominations, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Vice Mayor Ferrell requested when the agenda is prepared that it show what positions are open and by whom they are to be appointed. - 20 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 Discuss Golf Course Advisory Committee Membership Mr. Cheney informed the Council this is here only because the Golf Course Advisory Committee asked that it be brought to the Council's attention. He does not think the Council can answer the issue raised, but the County Commission has to address it. He suspects the agreement implies one thing, but does not say it. He explained how the original mem- bership appointments were made. Mr. Vance agreed that Mr. Cheney's statements were correct. Mayor zimmerman questioned the suggestion made in the minu- tes that the motion be presented to the City Council and Mr. Cheney clarified this was just being done for 'the Council's consideration. Councilman Wright remarked that we have had this problem for the last few months with people on boards saying who should not be there. Sometimes people have to grow mentally and spiritually. He thinks this is a situation where one man is disliked and his efforts and work have been forgotten. He thinks the committee should go to the county themselves. Mr. Joe Sciortino informed the Council this issue was raised because when Mr. Dave Roberts was initially on the commit- tee, he was a county member; but when he moved into the city, he resigned. The issue was raised by the committee and discussed prior to the meeting. It was not a personal vendetta. Councilman Warnke thanked the City Manager for bringing this to the Council's attention and also distributing the ver- batim minutes of that particular meeting. However, he can- not see why we have a Golf Course Advisory Committee in the first place. He hopes the committee can resolve their dif- ferences. Mayor Zimmerman asked if any action should be taken and Councilman Warnke suggested that a letter be sent to the committee advising them to go to the County Commission. He suggested that the City Clerk send the letter. Mr. Cheney replied that he would write to the Golf Course Advisory Committee. - 21 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 Official Representative to Palm Beach County Municipal League Councilman Warnke referred to being on the executive commit- tee and volunteered to serve. Councilman Wright moved for Mr. Warnke to serve as a member for another year with Mr. Ferrell as the alternate. Mr. Cheney stated he would notify the League of this. He added that a notice will only be sent to Mr. Warnke and requested that copies be made and circulated. Vice Mayor Ferrell referred to the M.P.O. and advised that Boca Raton had two councilmembers on the committee. Councilman Warnke replied that membership is based on popu- lation. Mr. Cheney added that membership is by state law and he will check it. OTHER Building Inspections and Plans Review Mr. Cheney stated he would like to add one thing and referred to distributing a memo relative to a problem in the Building Department regarding building inspections and plan review. We are in a very serious situation relative to plan inspections. He explained how the number of inspections requested per day was exceeding the physical capacity of the present inspectors. If we don't inspect on time, a poten- tial liability builds up. The income from building inspec- tions is way up. He then referred to a backlog in reviewing plans and stated we are coming to the point where we will take more than nine to ten weeks for plan review. This is a request to add two people to the Building Department staff, one a building inspector and one a plan reviewer. He further explained how even with a slowdown in development, the backlog of inspections would go on for a long time. There are a lot of staffing needs to be faced with the budget which can be put off some, but this cannot be put off. He is asking for authorization for two people in the Building Department to keep up with this and protect our- selves from liability problems. Mayor Zimmerman clarified that additional income in the Building Department would pay for this and Mr. Cheney replied affirmatively. Councilman Wright asked if it would be permanent employment and Mr. Cheney replied affir- matively, as long as the inspection demand is there. - 22 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1984 Councilman Wright moved to add this item to the agenda and move full speed ahead with this as it is a crucial concern. Councilman Warnke seconded the motion. No discussion. Motion carried 5-0. ADJOURNMENT Councilman Wright moved to adjourn. The motion was seconded, unanimously carried and the meeting properly adjourned at 9:30 P. M. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Vice Mayor ~~J ~ilman Councilman Counclimas/~-r · /~ - - City Clerk / Recording Secretary (Two Tapes) - 23- CONSENT AGENDA - ADMINISTRATION e AGENDA July 3, 1984 Approval of Bills: e ATD - American Company 30 Folding Steel Tables-Madsen--Center _Pay from Federal Rev. Sharing---320-721-572-60-71 Per bid 4/2/84, Council approved 4/17/84 Ashland Chemicals 18 Drums HTH for Water Plant Pay from Water & Sewer Rev.---401-331-533-40-3C .......... ---401-332-533-30-63 Total $933.75 933.75 1867.50 BBR General Contractors, Inc. Est.%2 Balance due (1~) for Grinder Station at Boynton Beach Golf Course. Pay from B.B. Rec. Facility Constr. Fund: 411-000-169-41-00 .~_ Council approved 3/20/84 Better Business Forms, Inc. Supplies for Data Processing(Payroll Time Sheets, Meter Sheets etc.) Pay from General Fund .......... 001-133-513-30-12 Pay from Water & Sewer Rev.----401-393-539-30-12 Club Cart Inc. 2 Golf Carts (Electric) Pay from B.B. Rec. Facility Constr. Fund: 411-000-169-41-00 Per bid 3/6/84, Council approved 4/3/84 $2522.02 653.50 3175.52 Dale's Paint & Body ShoD Repair cost to Sanitation Truck ~65 Pay from General Fund---001-195-519-40-49 Davis Water & Waste Ind., Inc. Odophos for Sewage Pumping Pay from Water & Sewer Rev.---401-352-535-30-65 $ 1,223.70 1,867.50 1,638.00 3,175.52 5,590.00 2,292.65 9,091.95 -2- Bo e 11. 13. 15. Elpex Inc. Tires for City Vehicles Pay from General Fund---001-193-519-30-22 "Bid Item" Hardrives, Inc. Extra work done for trench restoration work across parking lot at Golf Course. Pay from B.B. Rec. Facility Constr. Fund: 411-000-169-41-00 Holmac International Corp. Oil and Lube for City Vehicles Pay from General Fund---001-193-519-30-21 I.B.M. Corporation Monthly charge for Copier III Model 60(6/1 - 6/30/84) Pay from various departments General Fund and Water & Sewer Rev. Lawmen's & Shooters Supply Inc. Super Siren's, Light Bars, Speakers etc. Police Department. Pay from Federal Rev. Sharing---320-211-521-60-82 Per bid 3/12/84, Council approved 3/20/84 Robert W. Leith Install Bypass Line at Lift Station ~606 Pay from Water & Sewer Rev.---401-352-535-60-53 Council approved 5/1/84 Madsen/Barr Corporation Est. ~7 N.E. Area Water Main for period 5/21/84 to 6/20/84. Pay from Util. Cap. Improvement---404-000-169-01-00 ~eptune Meter Company .. 200 (1" T-8 Water Meters for Water Distribution) Pay from Water & Sewer Rev.---401-333-533-60-51 "Bid Item" $ 5,623.72 2,724.08 1,854.60 1,825.97 5,142.44 1,524.20 131,663.08 12,540.00 16. Neptune Meter Company 5,814.00 2 {6" Tru Flow Meters) 2 (6" Strainers) Pay from Water & Sewer Rev.---401-333-533-60-51 Council approved 3/20/84 17. 18. -3- Palm Beach County Solid Waste Authority Use of County Landfill for month of May, 1984 Pay from General Fund---001-341-534-40-9A Ellis K. PhelDs & Company Pumps, Motors and Equipment for Lift Stations 204 and 207 Pay from Water & Sewer Rev.---401-352-535-60-42 Per bid 3/19/84, Council approved 4/3/84 Super Vacuum Manufacturing Co.,Inc. 1 Model 2000 Stemlite unit Pay from Federal Revenue Sharing---320-221-522-60-87 Council approved 4/17/84 20. South Central Reqional Wastewater Treatment Board 22. 23. 24. 25. City's portion of bills due Regional Board Pay from Utility General Fund---403-000-169-12-00 I.B.M. Corporation Monthly charge for Copier III Model 60(5/1 - 5/31/84) Pay from various departments General Fund-~and Water & Sewer Revenue Certified Welding Engineers, Inc. Labor & Materials for Sanitation Truck ~71 Pay from General Fund---001-341-534-40-33 Less 2% 10 days Total $1710.00 - 34.20 1675.80 Kent Ewinq Enterprises~ Inc. Additional Trees, Sod and Landscaping for Golf Course. Pay from B.B. Rec. Facility Constr. Fund: 411-000-169-41-00 Isiah Andrews Driver for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 Willie Ruth McGrady Server for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 $ 39,686.25 14,496.00 2,406.32 27,149.26 1,840.17 1,675.80 4,615.00 140.40 134.40 -4- The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Grady W. Swann, Finance Director I therefore recommend payment of these bills. Peter L. Cheney, City Manager