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Minutes 04-17-84MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, APRIL 17, 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 William Doney, Asst. City Attorney Mayor Zimmerman called the meeting to order at 7:30 P. M. He announced we are pleased to have Father John G. Block of St. Mark's Catholic Church this evening to lead us in the invoca- tion. We Will remain standing for the Pledge of Allegiance to the Flag led by Vice Mayor Robert Ferrell. Mayor Zimmerman recognized the presence of ex-Mayor Ed Harmening present in the audience tonight. AGENDA APPROVAL Mr. Cheney referred to submitting material consisting of an additional proclamation for ABWA Education Month and stated under the Consent Agenda, there is an additional ratification for the South Central Regional Wastewater Treatment & Disposal Board relative to execute the agreement to perform professional consulting services. Mr. Cheney stated in addition, under New Business, -there is an item for industrial revenue bonds. He believes the gentlemen representing that group are present and one has to leave early tonight. They have requested discussion of that item earlier, possibly after the public hearing, so they can participate. Councilman Warnke stated he would like to add under Old Business - Wastewater Plant Overflow by Delray Beach. Councilman Wright moved the adoption with the corrections and additions, seconded by Councilman Warnke. Motion carried 5-0. ANNOUNCEMENTS Proclamations Mayor Zimmerman read a proclamation proclaiming the week of May 7th through May llth, 1984, as Better Water for People Week. The Mayor read a proclamation proclaiming the week of April 15 through 21, 1984, as victim Rights Week. Mayor Zimmerman read a proclamation proclaiming May 3, 1984, as National Day of Prayer. - 1 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 Mayor Zimmerman read a proclamation proclaiming the.month of May, 1984, as ABWA Education Month. MINUTES Regular City Council Meeting Minutes of April 3, 1984 Councilman Cassandra moved to accept the minutes as presented, seconded by Councilman Wright. Motion carried 5-0. CITY MANAGER'S REPORT Dates of Railroad Crossing Repairs Mr. Cheney announced that Boynton Beach Boulevard at the F.E.C. railroad crossing east of City Hall will be closed from April 23 through 27 for the rebuilding of the crossing. Some time after that, the same thing will happen at Woolbright Road. Meeting Re: Downtown Redevelopment Plan Mr. Cheney announced on April 24 at 7:00 P.M., a public infor- mation session relative to the downtown redevelopment plan will be held at the Civic Center. All property owners, tenants and businessmen in the redevelopment area are being invited. Those signing up ahead of time will receive a copy of the plan. Board Orientation Meeting Mr. Cheney informed the Council that a week from Thursday on April 26 is the meeting requested for all members of all city boards and committees. Tomorrow or the next day, letters will go out to all those people telling them of the meeting and requesting them to attend. Hopefully, it will be a very pro- ductive session. There will be a chance for all the Council members to speak and the City Attorney will be present to discuss rules. That meeting is scheduled for 7:30 P.M. Easter Sunrise Service For the first time, a non-denominational sunrise service will be held at Boat Ramp Park at 6:00 A.M. It is being held there because of the beach construction. Dedication of 10th Avenue Mr. Cheney reported there has been a tentative date set for the dedication of the 10th Avenue project and that is June 2, which is Saturday afternoon. The ceremony is scheduled to begin at - 2 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 four o'clock. There will be music and additional entertainment into the early evening. Councilman Wright is working with a committee planning this. Water Treatment Plant Open House Mr. Cheney referred to the Water Treatment Plant open house being held on May 8 and 9 and informed the Council that already we have had more people sign up to bring groups into the water plant. He told about the tours scheduled. Although people are concerned about chemicals put into the water, we take more out of the water when purifying and cleaning it. The employees will be prepared to answer questions about the people's latest concerned regarding impurities, etc. They will show how tests can be done for the chemicals and sources of problems in the water. Golf Course Councilman Warnke referred to receiving irate phone calls about the opening date for the golf course and Mr. Cheney informed him there is no specific date. We are praying the rain will stop in heavy amounts. The pending items are being reduced. The landscaping started today, carts are on order, construction of the cart paths is to begin, the access road is about to be paved, etc. Youth in Government Day Mr. Cheney announced that Youth in Government Day is scheduled to be held on April 25 with a mock City Council session that evening at 7:30 P. M. The City Council is invited for lunch at the Madsen Senior Citizens' Center. PUBLIC AUDIENCE Mayor zimmerman announced the general public has two oppor- tunities to participate in a meeting of this kind. Right now is the time if anyone has something they would like to address the Council about, they may come forward to the microphone and give their name and address. The second opportunity is if there is something on the agenda they may wish to speak about it and if so, should give their name to the City Clerk at this time and when it comes up on the agenda, they will be allowed to speak. Mr. Harold Werger, 1306 N.W. 7th Street, thanked the members of the Council and Mr. Cheney for the good job they have done on West Industrial Avenue. However, since the crews were there, a - 3 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 few people have deposited more trash and the hot rodding is still going on. He suggests that bumps be put in the center of the strip periodically to eliminate the hot rodding. Mr. Cheney informed him this is not permissable, but radar will be there more often. CONSENT AGENDA A. Bids Two (2) Peabody Floway Standard Deepwell Turbine Pumps - Utilities The Tabulation Committee recommends awarding the bid to J. Williams Pump in the amount of $5,118, which is the best acceptable bid being the alternate low bid with a porcelain bowl in lieu of the base bid which called for a Heresite bowl. Thirty (30) Folding Steel Tables (Globe Institutional Table Model ~TAG243 or Equal) - Recreation The Tabulation Committee recommends awarding the bid to ATD in the amount of $1,223.70, which is the low bidder and meets all specifications. Anhydrous Ammonia - Utilities The Purchasing Agent recommends extending the contract with Bower for one more year, not only because of the price, but the service is excellent. The approximate cost of ammonia over a twelve month period will be $4,500. Sole Source Purchase of Stem-Lite - Fire Department The Purchasing Agent recommends purchasing this directly from Super Vacuum Manufacturing Company, Inc., since other companies contacted did send brochures for similar equip- ment, but none meet specifications required by the Fire Department. Sole Source Purchase of Lime for Water Plant - Utilities The Utility Director and Purchasing Agent recommend bypassing the bidding process and extending our contract with S. I. Lime for the reasons noted in their memo of March 23, 1984. - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 Range Building for Vending Machines - Golf Course The Building Official recommends approval of the proposal dated April 2, 1984, submitted by Daniel O'Connell General Contractor, Inc. for the sum of $7,355. B. Resolutions Proposed Resolution No. 84-GG-1 - Re: Adopting Job Description for the Position of Golf Cart Mechanic A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE JOB DESCRIPTION FOR THE POSITION OF GOLF CART MECHANIC AND MAKING IT A PART OF THE CITY'S PAY PLAN Proposed Resolution No. 84-HH - Re: Accepting Public Improvements and Release of Bond - Ridge Pointe Woods Villas A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE CITY MAINTAINED IMPROVEMENTS AND RELEASING THE PERFORMANCE BOND FOR THE PLAT OF RIDGE POINT WOODS VILLAS IN SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 44, PAGES 92 AND 93, PALM BEACH COUNTY RECORDS C. Payment of Bills - Month of March, 1984 See List attached. D. Acceptance of Two (2) Easement Deeds and Two (2) Construction Easement Deeds Relative to Utilities - Boynton Beach Boulevard These deeds were submitted for execution. E. Change Order No. 3 - Twin Construction - Oceanfront Park This change order was itemized per the memo dated April 10, 1984, submitted by the Recreation & Park Director for a total addition to the contract price of $3,355. F. Approve Request from Kiwanis Club to Sell Beer at Fourth Annual Fishing Tournament The Recreation & Park Director recommends approval since this club sold beer at their event last year and no problems were experienced. - 5 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 G. Approve Request for One Office Trailer - Lawson Industrial Park Plat 91 at 3151 S.W. 14th Avenue The Building Official recommends approval for this office trailer to remain on the job site for apprOximately five months. H. Approve Request for One Office Construction Trailer - Bethesda Park, P.U.D. - S.W. 23rd Avenue & S.W. 6th Street The Building Official recommends approval of this construction trailer to remain on site for the duration of this project. I. Ratification of First Amendment to Sludge Handling Contract South Central Regional Wastewater Treatment & Disposal Bd. This amendment was submitted for execution. J. Approval of Bills See list attached. K. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of April 12, 1984 - Re: Authoriz- ing the Chairman to execute the Agreement to Perform Profes- sional Consulting Services This ratification was submitted for approval. Vice Mayor Ferrell moved to approve the Consent Agenda, including all items A through K. Councilman Warnke seconded. Under discussion, Mr. Cassandra referred to a cassette recorder under Approval of Bills being expensive at a cost of $4,133.27 and Mr. Cheney explained this is to replace the tape recording system in the Fire Department. Mr. Cassandra referred to the door handles tripling in price on the change order and Mr. Cheney showed samples of the handles and explained how it was felt these better handles would be worth the price increase. Motion carried 5-0. BIDS None PUBLIC HEARING Approve request for the abandonment of a 28 ft. street which is adjacent to lots 7 through 12 inclusive, North Boynton Subdivision, submitted by Reverend John G. Block for St. Mark's Catholic Church, located at 733 N.E. 4th Avenue Mr. Richard SanGiovanni, Architect, stated he has discussed everything with Mr. Annunziato. Mayor Zimmerman ascertained - 6 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 the Council members did not have any questions for the appli- cant. He then asked if anyone in the audience wanted to speak in favor of this particular item and received no response. He asked if anyone wanted to speak against this application and received no response. Councilman Warnke moved to approve this request for abandonment subject to staff comments, seconded by Vice Mayor Ferrell. No discussion. Motion carried 5-0. NEW BUSINESS Report from Screening Committee on Industrial Revenue Bonds - Boynton Commerce Center Mr. Cheney informed the Council this ties in with the new program which was authorized after the workshop on Industrial Revenue Bonds was held with some interested developers in the city, Chamber of Commerce, state industrial representatives, etc. After the workshop, a report was adopted to go ahead with this program. He explained how this had followed the procedure adopted and a recommendation has now been submitted from the Industrial Revenue Bond Screening Committee. The recommen- dation is that the Mayor and City Council approve in principle the request for Industrial Revenue Bonds for Boynton Commerce Center and ask the Bond Attorney to prepare the necessary reso- lutions for Letter of Inducement for future action by the City Council. The rest of the report is structured to give a sum- mary of what this particular project is all about. Attorney Steve Daniels came forward representing Boynton Commerce Center. They request the Council to authorize a reso- lution authorizing a letter of inducement so they can begin this project as soon as possible. Councilman Warnke referred to guidelines not having been deve- loped for specific uses to be approved by the city, but stated he expects any uses would be subject to Planning & Zoning Board approval and Mr. Cheney informed him this Ks zoned P.I.D., which is very specific. Any changes from the site plan would have to come back through the planning process and City Council. What was meant in the report is the Screening Committee thought we should identify some high priorities and maybe some not allowed. He explained how the committee felt this particular use with P.I.D. restrictions is appropriate for industrial revenue bonds, but possibly something like retail development should not be encouraged. Councilman Wright asked if persons from Boynton Beach would be employed and Mr. Wayne Gerl replied that they will be supplying - 7 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 warehouse space and he is sure those tenants will be employing people from this community. Further discussion ensued regarding placing emphasis on hiring residents of Boynton Beach. Mr. Cheney clarified that Mr. Gerl is a developer and is building buildings to sell or lease, but will not be directly employing. There is also an economic advantage to the city with the tax base being developed. Councilman Warnke moved to approve the granting of this industrial revenue bond application and refer to the city's bond counsel for the next step. Vice Mayor Ferrell seconded and the motion carried 5-0. Attorney Davis advised they would like to get a letter of indu- cement as soon as possible to begin this project and asked if there was a resolution to enter into a letter of inducement. Mayor Zimmerman informed him that the bond attorney would be notified. Mr. Cheney explained that the bond counsel has been notified and he will call him in New York to make sure the pro- cess is moving along. DEVELOPMENT PLANS Approve Boynton Lakes PUD/Master Plan Modification Mr. Annunziato referred to the Council previously reviewing a request to install cable television facilities near the recreation area and agreed it was a substantial change and advised that fell by the wayside. This request is to install the cable television facility in the southeast corner of the PUD adjacent to the E-4 canal, north of canal 20 and consists of one 6.1 meter dish antenna, two 5 meter dish antennaes, one free-standing 60' receiving tower and a free-standing 286 sq. ft. building. This is a two-fold process, first involving a determination by the City Council and if found to be non- substantial to be forwarded to the Planning & Zoning Board. The Technical Review Board met and discussed this request and recommend to the City Council that a finding of no substantial change be made because of the location by the canal. However, there are some clarifications which should be put on record. This will be a municipally franchised cable television operator and not the homeowners or equipment. The City Attorney said this is within the limits in the ordinance regulations. However, from a zoning point of view, sale of these signals beyond the limits of the PUD would constitute infraction of zoning regulations. This operator will be limited to selling cable television signals only to the Boynton Lakes PUD development. - 8 - r REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 Mr. Warnke asked if a 60 ft. antenna is within the height regu- lations and Mr. Annunziato replied affirmatively. Councilman Warnke moved that this does constitute a substantial change and they should come back with a new application. A representative came forward and Mr. Warnke withdrew his motion. Mr. James Thiele, representing Lennar Corporation, stated they submitted a request in February, but the staff had a problem with the site. Subsequently, they resubmitted plans and the staff feels at this point, it does not constitute a substantial change and agrees with the site. They have met all the requirements and agree with the further stipulation of limiting the service area to the Boynton Lakes PUD. Prior to submitting this site, they met with the homeowners and they are anxious to receive cable TV service. They feel going through a revised PUD master plan would be an unnecessary exercise at this point since everyone is in agreement with the site and the staff does not think it constitutes a substantial change. A petition was submitted by 100% of the property owners with the application stating they want the service. Public interest would not be served in declaring this is a substantial change requiring plans to be resubmitted, etc. Vice Mayor Ferrell clarified that approval is recommended with comments which means no substantial change and Mr. Annunziato agreed this is correct as long as it is limited to Boynton Lakes PUD. Mr. Thiele agreed this was understood. Mayor Zimmerman asked if all three questions in the recommendation were answered and Mr. Annunziato replied affirmatively with some being answered by the applicant and some by the legal staff. Mr. Thiele pointed out the proposed location on the map and explained what the equipment would consist of. He continued that the area will be landscaped to buffer residential lots. The 60 ft. antenna is needed to pick up Miami signals. They still must go before the Planning & Zoning Board and Community Appearance Board with detailed development plans. Mr. Annunziato added that the site plan procedure will be followed if approved. Mr. Ferrell made a motion to approve as no substantial change, seconded by Mr. Wright. No discussion. Motion carried 5-0. Approve request for a variance to the temporary redevelopment area moratorium and site plan approval to construct a two-story rectory/office and parking lot improvements on a site of 19.23 acres submitted by Richard SanGiovanni for St. Mark's Catholic Church located at 733 N.E. 4th Avenue - 9 - REGULAR CITY COUNCIL MINUTES BOYNTON BEACH, FLORIDA APRIL 17, 1984 Mr. Annunziato explained the lengthy review necessary for mora- torium variances. He explained the location and advised this is a 28 ft. platted street which was never developed. The rec- tory will be placed on the little houses site. The church had plans to construct a rectory in the southeast corner origi- nally, but purchased this land to construct the rectory. This is consistent with the redevelopment plan. The rectory is two stories with garages to the north. The applicant is redeve- loping the existing parking lot to meet current codes as well as landscaping. There was a request from the applicant to be exempted from constructing sidewalks on 4th Avenue, the alley, and the 60' right-of-way of N.E. 6th Avenue and the Technical Review Board waived the sidewalks on the two streets, but it is to be constructed on N.E. 6th Avenue. The Planning & Zoning Board conducted a public hearing and forwarded a resolution finding this plan is consistent with the redevelopment plan. This comes with a positive recommendation subject to staff com- ments. The Planning Department's comment on the abandonment con- cerned adding an additional 8' right-of-way. Mayor Zimmerman requested the applicant to come forward and Mr. Richard SanGiovanni stated he would be glad to answer any questions. Councilman Warnke moved to approve this request subject to staff comments, seconded by Councilman Cassandra. Under discussion, Councilman Wright referred to receiving any conflicting reports from the Community Redevelopment Agency and Mayor Zimmerman informed him that all three were approved in this area. Motion carried 5-0. Approve request for a variance to temporary redevelopment area moratorium and site plan approval to paint building, remove a section of walkway roof to allow parking to abut the front of the building, construct a new roof and roof flashing and reseal, patch, save and stripe the existing parking lot. This request was submitted by Eugene Skeen for Flamingo Plaza located at 415 South Federal Highway Mr. Annunziato explained how this applicant wanted to bring the site into conformance with current codes. This comes to the City Council with a positive recommendation on the part of all agencies. 'The staff comments are included as part of the plan. Mayor Zimmerman asked if a representative from Flamingo Plaza would come forward and Mr. Eugene Skeen stated he would answer any questions. Councilman Warnke moved to approve this request for this variance subject to staff comments, seconded by Councilman - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 Cassandra. Under discussion, Councilman Wright commented that contrary to what was said in the last year or two regarding merchants in the downtown, it seems some of the entrepreneurs are working dilligently to improve their buildings. This is a nice plaza and these improvements being made are appreciated. Hopefully this momentum will continue in redevelopment of the downtown area. Motion carried 5-0. Approve request for a variance to the temporary redevelopment area moratorium and site plan approval to construct a one-story office supply and furniture store on 26,043 square feet, sub- mitted by William Brainard for Halsey & Griffith located on the southwest corner of S.E. 2nd Avenue and S.E. 4th Street Mr. Annunziato informed the Council the applicants have been understanding and willing to comply with the dictates of the redevelopment plan. This went through the review and comes to the City Council with a positive recommendation from all review agencies. The staff comments are attached to the plan. He explained how the public right-of-way would also be upgraded as an additional concept of this plan~ Mayor Zimmerman asked if the applicant was present and Mr. Bill Brainard came forward to answer any questions. Councilman Cassandra moved to approve the unanimous recommen- dation of the Community Redevelopment Agency and Planning & Zoning Board for the Halsey & Griffith site plan with staff comments. Councilman Wright seconded the motion. No discussion. Motion carried 5-0. Approve request for preliminary plat approval of Meadows 300, Plat III submitted by Jim Thiele for C & H Properties which provides for the defining of the remaining tracts of the Meadows 300 PUD as boundary plat only, and the completion of Meadows Blvd. The location of this plat is Congress Avenue and Meadows Blvd. Mr.' Annunziato informed the Council this is a request to plat the remainder of the Meadows PUD. This 'is the same development concept employed by Hunter's Run with a spine road with major utilities. This request was reviewed by the Technical Review Board and went to the Planning & Zoning Board with a positive recommendation subject to staff comments from the engineering and utility departments. The Planning & Zoning Board unani- mously recommended approval. The Planning & Zoning Board did discUss paving the two streets dead ending into the non-platted areas and this is a subdivision requirement and if the roads are to be made public, they must be bonded. - 11 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 Mr. Julian Bryan came forward representing the applicant. Mayor Zimmerman referred to the road situation. Mr. Bryan stated in this particular case, he believes the distinction is not whether the road should be built, but when it should be built and whether it is the responsibility of this developer. In the original PUD, the roads were added as an after-thought. The two roads to the west were added as a reservation. They do not have any problem with extending the water and sewer system to the perimeter of the property, but providing public access would seem inappropriate and a problem with policing because the road will go nowhere and be a vandalism and maintenance problem. If it is felt to be a requirement of the subdivision regulation, he requests that it be considered at a later date. They do not think it is in the best interest of the city right now. Mayor Zimmerman referred to it being constructed for emergency services to the west of this area and Mr. Bryan agreed, but explained this would dead end into undeveloped property and would serve no purpose. Vice Mayor Ferrell referred to possibly delaying the construc- tion and Mr. Annunziato explained that roads are constructed to connect different parts of the city. The ordinance states where property abuts unplatted areas or acreage, it is the owner's responsibility to provide access to that site. He realizes it may be years before the road is used, but there is the technical issue of posting the bond. The suggested life expectancy of a bond for public improvements is 21 months and this could be left until the end. If the construction is not appropriate at that time, they could seek a variance to remove the requirement of constructing those two fingers. Vice Mayor Ferrell asked if he felt the bond for 21 months is acceptable and Mr. Annunziato replied affirmativlely and added that construction could be delayed and the applicant could request a variance through a different procedure. Mr. Bryan referred to there possibly being some inequity in the ordinance, but if at the end of 21 months there is no demonstrated need for develop- ment to the west, they will request a variance. Vice Mayor Ferrell made a motion to approve this request sub- ject to staff comments with particular reference to the bond and the 21 month period. Councilman Cassandra seconded the motion. No discussion. Motion carried 5-0. Approve request for preliminary plat approval of Boynton Lakes, Plat III, submitted by Rick Rossi for Lennar Homes, Inc. This plat is located on the east side of Congress Avenue south of Hypoluxo Road and provides for infrastruc- ture improvements to a previously approved phase of this PUD - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 Mr. Annunziato informed the Council this is the northeast one-third of Boynton Lakes. This is a request to plat pro- perty previously approved with zero lot lines. The Planning & Zoning Board unanimously recommended approval subject to staff comments. The applicant has agreed to comply with the staff comments. Mayor Zimmerman asked if the applicant was present and received no response. He commented that many Council mem- bers were present at the Planning & Zoning Board and Community Appearance Board meetings when these plans were reviewed. Councilman Cassandra moved to accept the unanimous recommen- dation of the Planning & Zoning Board on Boynton Lakes Plat III, subject to staff comments. Councilman Warnke seconded the motion. No discussion. Motion carried 5-0. Approve request for after-the-fact approval of the construc- tion and erection of a 4~ foot sign showing entrance to the developments of Chanteclair Villas/Palmland Villas submitted by Bernard Seligson for Chanteclair Villas Recreation Association. The sign is located on Charter Drive west of S. Congress Avenue (City of Boynton Beach right-of-way) Mr. Annunziato informed the Council this is an entrance sign to Chanteclair Villas/Palmland Villas as a result of a request from the homeowners. There is a positive and unani- mous recommendation from all the reviewing agencies to approve this sign. There was some discussion regarding the location with respect to the future widening of Congress Avenue. The staff recommended the sign be moved back 75 feet west of the future center line of Congress Avenue when reconstructed. The applicant requested he be allowed to leave the sign in the current location and move it back 75 feet upon the commencing of construction of Congress Avenue. Councilman Warnke made a motion to approve this request sub- ject to staff comments, seconded by Vice Mayor Ferrell. Under discussion, Councilman Cassandra stated these people were exposed to a sign maker who disappeared from Boynton Beach, who was supposed to get a permit for this sign and never paid money for the permit. At the last meeting, we recommended waiving the fee against Chanteclair Villas and Palmland, but the attorney recommended against this because of the possibility of finding Rainbow Signs. Possibly now we should consider removing the responsibility of the fee from Chanteclair Villas and Palmland and clear this off the books. - 13 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 Councilman Warnke amended his motion to include this recom- mendation, seconded by Vice Mayor Ferrell. Under discussion, Mayor Zimmerman asked if the City Attorney was aware of anything more which could be done to collect from the contractor and Mr. Vance replied that it would be dif- ficult since he cannot be found. Mr. Cheney commented that if he tries to go into business again and needs an occupa- tional license from the county or city, he will have more problems than a fee. He told about trying to locate the contractor and agrees the books should be closed on this as these people will have the expense of relocating the sign. Mayor Zimmerman clarified that the original motion now includes the waiver of the fee. Motion carried 5-0. Approve request for site plan approval for the construction of entrance way walls and signs for Boynton Lakes submitted by Donald E. Elliott for Lennar Homes, Inc. Boynton Lakes is located at the corner of Boynton Lakes Blvd. and Congress Avenue Mr. Annunziato explained that this request was to build a fancy wall similar to other recent developments on Congress Avenue. This request was recommended for approval by the Technical Review Board without comment and the Planning & Zoning Board unanimously recommended approval. This was also favorably approved by the Community Appearance Board. Mr. Ferrell made a motion to approve this request, seconded by Mr. Warnke. No discussion. Motion carried 5-0. Approve request for site plan approval of the Boynton Beach Distribution Center submitted by Jeffrey Sherman for Boynton Beach Distribution Center Associates, a Florida General Partnership, to provide for the construction of 99,121 square feet of industrial warehousing on the east side of High Ridge Road south of Miner Road right-of-way Mr. Annunziato showed the western half of the proposed site plan. He advised this is a request to construct several buildings with different types of architecture. He explained the access to the site. He then showed the eastern half of the site plan and pointed out the access. This request went to the Planning & Zoning Board with a positive recommendation from the city staff subject to tech- nical comments, which were accepted by the applicant. The Planning & Zoning Board and Community Appearance Board recommend approval. - 14 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 Mr. Richard Wensing, Architect, came forward and explained there will be nine buildings on the site with eight dif- ferent styles of architecture. It is an industrial park rather than an industrial development. Councilman Warnke questioned what primary industries would be attracted and Mr. Wensing replied office warehousing. Mr. Cassandra added that it would be support type warehouses for the mall. Mr. Wensing advised there is a total of approximately 21 acres and this is about 7 acres. Mro Ferrell made a motion to approve this request with staff comments, seconded by Mr. Cassandra. Motion carried 5-0. Approve request for site plan approval for the Strauss-Wassner Furniture Store submitted by Madelyn Strauss and Linda Wassner, owners, which provides for the construc- tion of a two story, 13,680 sq. ft. building on a 1.123 acre site located on S. Congress Avenue, Lawson Industrial Park Mr. Annunziato stated this is a direct result of the recent modification of the M-1 zoning code wherein wholesale and partial retail outlets are permitted. This is a furniture store which will cater to the trade and not necessarily to the general public. He explained the location, design of the building and access to the site. This request went to the Planning & Zoning Board with a positive recommendation from the municipal staff subject to comments. The comments were accepted and incorporated into the plan. The Planning & Zoning Board and Community Appearance Board recommended approval. Councilman Wright moved to approve this request for site plan approval for the Strauss-Wassner Furniture Store sub- ject to staff comments, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. At this time, Mayor Zimmerman declared a five minute break and then reconvened the meeting at 9:20 P. M. Review for consistency with the Comprehensive Plan of a pro- posed modification of the zoning regulations which, if approved, would allow drive-through restaurants to be constructed in the C-2 Neighborhood Commercial District Mr. Annunziato informed the City Council this was recom- mended by a 5-2 vote of the Planning & Zoning Board. This was reviewed with regards to consistency with the comprehen- sive plan. The proposed proposal is an ordinance amending - 15 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 the description of drive-in restaurants to allow drive- through restaurants to be a separate category and not prohi- bited in that classification. Following receipt of the ordinance, the Planning Department prepared an extensive analysis which was submitted. He explained how charac- teristics of the present C-2 and C-3 zoning districts were given full review and consideration. He then explained how nuisances associated with drive-through restaurants were given full consideration. Mr. Annunziato advised that it was the planning staff's recommendation to the Planning & Zoning Board that owing to the lot depth in C-2, location by residential districts, and the characteristics of drive-through restaurants that they not be permitted in C-2 districts. It was felt drive- through restaurants would be in conflict with the intent of the C-2 district. The recommendation was to clearly define both drive-in and drive-through restaurants and be prohi- bited from locating in a C-2 zone. However, the Planning & Zoning Board felt it was not appropriate to prohibit drive-in or drive-through restaurants in the C-2 zone completely. It was felt some C-2 zones were appropriate and they should be addressed on a case by case basis. The Planning & Zoning Board recommended drive-through and drive- in restaurants be made conditional uses in C-2, C-3 and C-4 zones. Mayor Zimmerman questioned how much of the Planning Department's recommendation was reflected in the proposed ordinance and Mr. Annunziato replied the definition prepared by the attorney's office is good for drive-through restaurant, but he is also recommending drive-in restaurant be defined so it is clear. The definition proposed is par- tially acceptable. Mayor Zimmerman clarified there would have to be a further definition to compliment this and Mr. Annunziato agreed this was correct. Councilman Cassandra referred to the report being excellent and the recommendation from the Planning & Zoning Board being good, but stated it should be clarified. He explained how drive-through restaurants are the same as other restaurants as far as having odors, dumpsters, parking, etc. He told about checking personally on the extent of nuisance caused by the speakers and headlights. He believes there is a requirement for a 6' wall and if the speaker is at the window level, it would cut down on the noise. Mr. Annunziato clarified that the argument for con- ditional use was based on C-2 having different kinds of adja- cent zoning and with a public hearing, the Planning & Zoning - 16 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 Board and City Council could explore the negative impacts created by the particular site. When a site plan is reviewed, it would answer a lot of the questions raised in the report. Vice Mayor Ferrell summarized that what is needed is an ordinance dealing with drive-through window restrictions without getting into legal problems. He explained how most restaurants have the same characteristics with the exception of the loud speaker for the drive-through window. The defi- nition is what should be clarified. Mr. Annunziato replied that the definition which exists leaves no question this is not a permitted use. A restaurant can be in C-2, but fast food restaurants will not locate in C-2 because they cannot have a drive-through window. There are mostly neighborhood type restaurants in C-2 zones. Councilman Wright questioned what the impact would be to approve the recommendation of the Planning & Zoning Board and Mr. Annunziato replied the impact would be is the appli- cant would have to secure a conditional use approval prior to securing a building permit. Mayor Zimmerman stated he feels this ordinance is rather inadequate and from the discussionw we do not feel this answers the entire question. Possibly this ordinance should be discarded and more direct suggestions be given to the City Attorney to complete an ordinance to answer the entire question. Councilman Warnke stated the establishment of drive-through restaurants tend to degrade the adjacent residential areas and this is in conflict with the comprehensive plan and also in conflict with the C-2 district. Anybody who would want to put one of these in a C-2 district should go through the regular city procedures rather then draw up an ordinance for one particular application. Mayor Zimmerman requested the City Manager to comment. Mr. Cheney stated there is no question that a Wendy's or McDonald's cannot go into a C-2 zone. To attempt to obtain a variance would be illegal because it would be a use variance. The question comes to the Planning & Zoning Board because it is a policy question of what is wanted in the C-2 zone. He referred to considering the approaches to the mall and explained how there is the tendency for all these restaurants to come together in the C-3 zone as evidenced along U. S. 1. He explained how the issue was to decide where these should be allowed. - 17 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 Councilman Cassandra asked if the area was spelled out in C-2 with a definition for drive-through, would it be legal to say they would not have to follow the building and site requirements and Mr. Doney informed him the applicant still must comply with the site requirements. Mr. Cassandra asked if it would be secure with conditional use and Mr. Doney replied affirmatively. Vice Mayor Ferrell referred to there being a definite dif- ference between drive-in and drive-through restaurants and suggested that more research be done. He thinks it should be restricted and defined correctly now. Possibly we should approve in concept with more research given. Mr. Doney advised they submitted what they thought the Council wanted, but agrees better definitions are needed. Mr. Ferrell made a motion to adopt the recommendation of the Planning & Zoning Board subject to returning with a final ordinance. Mr. Cassandra asked if the applicant could proceed and Mr. Cheney replied negatively as an ordinance must be prepared. Mr. Cassandra then seconded the motion. Under discussion, Mr. Wright asked if it would be finalized within a month and Mr. Cheney replied the ordinance will be prepared next week and two readings are necessary. Mr. Ferrell clarified that this is the concept, but it should be more definitive. Mr. Annunziato clarified that drive- through and drive-in should be defined with simple defini- tions and C-2, C-3 and C-4 zones amended to accept these kinds of restaurants under conditional use. Motion carried 4-1 with Mr. Warnke dissenting. LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 84-20 - Re: Prohibiting mooring of vessels to wooden overlook at Casa Loma Boulevard Mr. Doney read proposed Ordinance No. 84-20 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 16. PARKS AND RECREATION. ARTICLE III. BOATS AND BOATING, OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA, TO CREATE A NEW SECTION 16-94.5 PROHIBITING THE MOORING OR FASTENING OF A VESSEL IN THE INTRACOASTAL WATERWAY TO THE WOODEN OVERLOOK BUILT AT THE TERMINUS OF CASA LOMA BOULEVARD IN THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Zimmerman asked if anyone in the audience wished to speak in favor of this ordinance and received no response. He asked if anyone wanted to speak in opposition to this ordinance and received no response. Councilman Wright moved the adoption of proposed Ordinance No. 84-20 on second and final reading, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman Warnke - Aye Councilman Wright - Aye Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Motion carried 5-0. Ordinances - 1st Readinq Proposed Ordinance No. 84-21 - Re: Amend Section 4F/Zoning Code Amendment - Height Limitations of Antennae Mr. Doney read proposed Ordinance No. 84-21 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, CORRECTING AN OMISSION IN ORDINANCE NO. 82-1, WHICH AMENDED APPENDIX A - ZONING, SECTION 4. GENERAL PROVISIONS. F. HEIGHT LIMITATIONS AND EXCEPTIONS. OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, TO ADD SUBSECTIONS 4 AND 5 RELATING TO HEIGHT LIMITATIONS OF ANTENNAE WHICH HAD INADVERTENTLY BEEN OMITTED FROM SAID ORDINANCE NO. 82-1; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman Warnke moved to approve Ordinance No. 84-21 on first reading, seconded by Vice Mayor Ferrell. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Warnke - Aye Councilman Wright - Aye Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Motion carried 5-0. - 19 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 Councilman Cassandra referred to 65 feet being kind of high in a one story building area and Mr. Annunziato informed him these ordinances were researched at great length when adopted and 65 feet was determined to be the lowest but most effective for CB systems. Resolutions Proposed Resolution No. 84-AA - Re: Amend Resolution No. 84-H Special Assessment for S.E. 3rd Street north of S.E. 12st Avenue (Tabled pending report from recommending board) Mr. Cheney requested this to be left on the table as it must go back to the Technical Review Board and Planning & Zoning Board. Proposed Resolution No. 84-II - Re: Amend Resolution 82-BBBB relative to expanding Community Redevelopment Area Mr. Doney read proposed Resolution No. 84-II by title: A RESOLUTION OF THE CITY OF BOYNTON BEACH DECLARING CERTAIN AREAS AS BLIGHTED AMENDING RESOLUTIONS NO. 82-KK AND 82-BBBB TO EXPAND THAT AREA PREVIOUSLY DECLARED SLUM AREA AS DEFINED IN CHAPTER 163, PART III, FLORIDA STATUTES; DECLARING A NEED FOR REHABILITATION OF SUCH AREAS; FINDING A NEED FOR A COMMUNITY REDEVELOPMENT AGENCY AND CREATING SAID COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Councilman Cassandra moved to approve Resolution No. 84-II, seconded by Councilman Warnke. Under discussion, Mr. Cassandra asked what the scrivner's errors were and Mr. Cheney informed him that this came about after the descrip- tion was sent to the County Appraiser's office, so this area could be set aside as a separate taxing district. The Property Appraiser's office noted some minor problems relating to splitting a parcel owned by one person. After receiving this report, Mr. Annunziato met with them and went through it lot by lot. This is straightening it out, so it can be properly handled for the proper tax base. Mr. Annunziato added that in our attempt to simplify, some pro- perties were split and he pointed these out on a map. This would have resulted in the Property Appraiser having to pre- pare two tax bills. The second was a scrivner's error on - 20 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 our part where we described the subdivision, but didn't put in block numbers and this was corrected. Motion carried 5-0. Other Consider Approval of Agreement with Reynolds Aluminum Recycling Company Mr. Cheney referred to a report being submitted requesting the continued use of this property at N. Seacrst Blvd. & 17th Avenue and advised there is a representative present if the Council wants a presentation. He explained how this was a service to the city with a lot of people benefiting. There have been no.problems and it is recommended that we continue. Mr. Nevin Isenberg stated he thinks they can provide the service described and will be pleased to do it. Vice Mayor Ferrell made a motion to approve this agreement,' seconded by Councilman Cassandra. No discussion. Motion carried 4-0. (Councilman Wright had left the room.) Consider Request for Exemption from City's Telephone Tax - Non-profit Organization Mro Doney stated he does not understand why South Florida Public Telecommunications, Inc. feel they don't have to pay the tax. Mr. Cheney advised that he understands they were not paying tax as they thought they were exempt, but there is nothing in the ordinance allowing this. Mr. Doney added that there is a state statute and city ordinance, neither of which seem to exempt this type of organization. After discussion, Councilman Warnke moved to table, seconded by Councilman Cassandra. Motion carried 5-0. OLD BUSINESS Wastewater Plant Overflow by Delra¥ Beach Councilman Warnke referred to Delray Beach extensively using the wastewater treatment plant and stated the City of Boynton Beach will not have storage capacity over the next two years before any addition to the plant is completed. He feels we should convince Delray Beach not to use our allot- ment. We have a responsibility to the citizens of our city to provide sewage facilities. Our present input over the next 2~ years would be adequate until the addition to the plant is built; however, if Delray Beach increased over the - 21 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 next 2~ years, it will cut into our usage and possibly result in a moratorium for both cities. He just brought this up for consideration and to ask the City Attorney how Boynton Beach can force the City of Delray Beach to stop any more input into the plant. Mr. Doney advised that the interlocal agreement does not address precisely this situation, only if one exceeds, the other may agree to allow them to borrow capacity and pay 150%. He suggests negotiating with Delray Beach and making them aware of our concern and try to negotiate if they exceed their 7.5 mgd, they will be bound to pay the penalty. There is possibly a problem that Delray Beach may not want to sign such an agreement. If that did happen, possibly the City could seek legal action and get a declaration of the cities' rights under this agreement. At some point, it must end and Boynton Beach should be guaranteed their allotted capacity. He recommends negotiations and if that fails, then legal action. Mayor Zimmerman stated that he believes the idea of talking with Delray Beach will be profitable. He has heard remarks that they are not too much opposed to it. They can make use of our allotment to get them out of a moratorium. We can get this allotment back when the plant is increased in size. We will claim 12 mgd of the 24 mgd. He thinks we can get their consent to the payment. Councilman Warnke asked if we gave permission for them to use our allotment at 150%, could they go as far as they want to and Mr. Doney replied that the plant can only take so much capacity. It could be limited and we do not have to give the whole capacity. It could be a short term agreement. If they get to an astronomical usage, the agreement could be terminated. Mr. Warnke clarified that if they go over a certain amount per month, they would be charged or would have to stop and Mr. Doney agreed this could be done, but Delray Beach must agree. Councilman Wright suggested discussing this at the board meeting and Councilman Warnke replied that it was discussed at the last board meeting and the attorney said the indivi- dual cities must work it out. Mr. Ferrell suggested that the two City Attorneys negotiate with possibly Delray Beach signing an agreement. Councilman cassandra stated he would like to know what their projection is. If Delray Beach repairs their problems, they would be below their allocation. He would like to see the - 22 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 Utility Directors and City Manager check this and submit a report. Also, Boynton Beach does have a reserve with the old plant. He doesn't think we should go with the City Attorneys yet. Mr. Warnke stated he is looking at the statistical facts where in nine months, we will not have sewer and Mr. Cassandra disagreed. Mr. Wright suggested having the employees with expertise in this area give a recommendation and then proceed. Mayor Zimmerman referred to the rate actually not exceeding when based on an average for' Delray Beach and Councilman Warnke disagreed. After further discussion, Councilman Warnke moved to post- pone this until the next Council meeting on May 1 pending the opinion of our Utilities Director, Mr. Cessna. Councilman Cassandra seconded the motion. No discussion. Motion carried 5-0. NEW BUSINESS Appointment to City Boards and Committees Mayor zimmerman questioned how to proceed with the schematic procedure voted on and Mr. Ferrell suggested proceeding line by line according to the chart. Mayor Zimmerman stressed the importance of making these appointments and requested that experienced and dedicated people be appointed. Appointments to Board of Adjustment The following nominations were submitted: Vernon Thompson, Jr. nominated by Mayor Zimmerman. Paul Slavin nominated by Vice Mayor Ferrell. George Ampol nominated by Councilman Wright. Robert Gordon nominated by Councilman Warnke. Ben Uleck nominated by Councilman Cassandra. Mayor Zimmerman questioned placing Mr. Uleck on a second board and Mr. Cassandra informed him that Mr. Uleck plans to resign from the Housing Authority and submitted his resume for this board. George Mearns nominated by Mayor Zimmerman. Joseph Moore nominated by Vice Mayor Ferrell. Lillian Artis, Alternate, nominated by Mr. Wright Harold Weinberg, Alternate, nominated by Mr. Warnke. - 23 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 Councilman Cassandra moved by acclamation to accept, seconded by Councilman Wright. No discussion. Motion carried 4-1 with Mayor Zimmerman dissenting. Councilman Wright commented that for those no longer serving, he thinks a letter should be sent thanking them for their service on the board. Mayor Zimmerman informed him the new members will receive a letter of appointment and those not serving will receive a letter of thanks and notice of their term expiring from the City Clerk. Appointments to Building Board of Adjustment & Appeals The following nominations were submitted: Lou Samyn nominated by Councilman Cassandra. Ed Harmening nominated by Mayor Zimmerman. Robert Olenik nominated by Vice Mayor Ferrell. Oris Walker nominated by Councilman Wright. Mark Burton nominated by Councilman Warnke. Councilman Cassandra referred to Mark Burton being a member of the Community Appearance Board and Councilman Warnke withdrew this nomination. Arthur Williams nominated by Councilman Warnke. Mayor Zimmerman advised that Mr. Williams resigned and is moving out of town. Kenneth Hutchison nominated by Councilman Warnke. J. Cameron Thurber, Alternate, nominated by Councilman Cassandra. Mayor Zimmerman stated he did not have any name of anyone interested, but thinks this board should be filled. Mr. Cheney read the requirements for members of this board. There was discussion about this appointment and Mr. Cassandra commented that once people know there is an opening, we might receive resumes. It is the Mayor's prero- gative to make this selection. Mr. Ferrell suggested that the Mayor make a nomination at the next meeting. Vice Mayor Ferrell made a motion to accept these nominations as presented, seconded by Councilman Wright. Under discussion, Mayor Zimmerman referred to coming up with another appointment and Mr. Ferrell informed him that he has two meetings to do so. Motion carried 5-0. - 24 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 Appointments to Community Relations Board The following nominations were submitted: Col. William Condry nominated by Vice Mayor Ferrell. John R. Stripling nominated by Councilman Wright. Dee Zibelli nominated by Councilman Warnke. Blanche Girtman nominated by Councilman Cassandra. A1 Bruder nominated by Mayor Zimmerman. Philip Berkowitz nominated by Vice Mayor Ferrell. Gloria Skinner nominated by COuncilman Wright. Mayor Zimmerman referred to Mrs. Skinner being absent many times from meetings and Councilman Cassandra replied that she has implied she would make an effort not to be absent. Councilman Wright added that Mrs. Skinner has been helping Mrs. Girtman with projects. Mr. Ferrell made a motion to accept the nominations as pre- sented for the Community Relations Board, seconded by Mr. Cassandra. Motion carried 5-0. Appointments to Library Board The following nominations were submitted: Sandra Lautenschlager nominated by Councilman Warnke. Kathleen Kirton nominated by Councilman Cassandra. Kathleen Deneen nominated by Mayor zimmerman. Martha Muschella nominated by Vice Mayor Ferrell. Emanuel Lubin nominated by Councilman Wright. Naomi Creason nominated by Councilman Warnke. Christine Edward nominated by Councilman Cassandra. Mr. Ferrell moved to accept the nominations for the Library Board, seconded by Mr. Cassandra. Motion carried 5-0. Appointments to Planninq & Zoning Board The following nominations were submitted: Simon Ryder nominated by Mayor Zimmerman. Ronald Linkous nominated by Vice Mayor Ferrell. Ezell Hester nominated by Councilman Wright. Norman Gregory nominated by Councilman Warnke. Caesar Mauti nominated by Councilman Cassandra. Garry Winter nominated by Mayor Zimmerman. John Pagliarulo nominated by Vice Mayor Ferrell. Robert Wandelt, Alternate, nominated by Mr. Wright. Bill Schultz, Alternate, nominated by Mr. Warnke. - 25 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 Mr. Ferrell made a motion to accept these nominations as presented, seconded by Mr. Cassandra. Motion carried 4-1 with Mayor Zimmerman dissenting. Appointments to Recreation & Parks Board The following nominations were submitted: Dorian Trauger nominated by Councilman Cassandra. Betty Thomas nominated by Mayor Zimmerman. Frank Stockton nominated by Vice Mayor Ferrell. Edward Harris nominated by Councilman Wright. Nat Weinshel nominated by Councilman Warnke. Don Fenton nominated by Councilman Cassandra. Dr. Patrick Shepherd nominated by Mayor Zimmerman. Mr. Ferrell made a motion to accept these nominations as presented, seconded by Mr. Cassandra. Motion carried 5-0. Appointments to Cemetery Board The following nominations were submitted: Basil Camilot nominated by Vice Mayor Ferrell. Donald Sloan nominated by Councilman Wright. David Nyquist, Alternate, nominated by Mr. Warnke. Mr. Ferrell made a motion to accept these appointments as nominated, seconded by Mr. Cassandra. Motion carried 5-0. Appointments to Community Appearance Board The following nominations were submitted: Janet Centola nominated by Councilman Cassandra. John Serrentino nominated by Mayor Zimmerman. Chauncey Buck nominated by Vice Mayor Ferrell. Walter Kies nominated by Councilman Wright. Harold Blanchette, Alternate, nominated by Mr. Warnke. Mr. Ferrell made a motion to accept these nominations as presented, seconded by Mr. Cassandra. Motion carried 5-0. Appointments to Board of Trustees Employees' Pension Plan The following nominations were submitted: Leon Himelfarb nominated by Councilman Cassandra. Elizabeth Todd nominated by Mayor Zimmerman. - 26- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 Mr. Cassandra moved to accept these nominations for the Employees' Pension Board, seconded by Mr. Ferrell. Motion carried 5-0. ADMINISTRATIVE Consider Appointing One Member to Boynton Beach Housing Authority (Tabled) Councilman Wright moved to remove this from the table, seconded by Councilman Warnke. Motion carried 5-0. Mr. Wright nominated Mrs. Wilda Searcy. Mr. Cheney referred to there being another vacancy with Mr. Uleck being appointed to the Board of Adjustment and Mr. Warnke replied that he does not have a nomination. Mayor Zimmerman advised that he will be given two meetings to come up with somebody. Cassandra moved to accept the nomination of Mrs. Wilda Searcy, seconded by Mr. Ferrell. Motion carried 5-0. Consider Request from Community Redevelopment Agency to Reapppoint Mr. Don Combs (Tabled) Vice Mayor Ferrell first referred to all the board appoint- ments being made expeditiously and Councilman Warnke enumerated the choices given to each member and stated he thinks it could be more equal, but it is working out. Mr. Cassandra moved to take this from the table, seconded by Mr. Warnke. Motion carried 5-0. Mr. Warnke moved to re-appoint Mr. Don Combs, seconded by Mr. Ferrell. Under discussion, Mayor Zimmerman referred to Mr. Combs being a member of another board and also living out of the city and Mr. Cassandra replied for continuity of the Community Redevelopment Agencyv he thinks it will be advantageous to re-appoint him. Mayor Zimmerman ascertained there were no other nominations. Mr. Cassandra moved to close nominations for the Community Redevelopment Agency, seconded by Mr. Ferrell. Motion carried 5-0. Mr. Cassandra moved to approve the appointment of Mr. Don Combs to the Community Redevelopment Agency for another four year term, seconded by Mr. Ferrello Motion carried 5-0. Consider Request from Jewish War Veterans for Use of Cabinet Storage in the Royal Palm Clubhouse Councilman Warnke referred to a memo being sent explaining why we could not consider granting this request and stated -27- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1984 he is in agreement with the explanation given and thinks we should drop it. Mr. Cheney added that Mr. Frederick brought to his attention that from the beginning organizations have asked for space and we have continuously said no and we are using three of the six cabinets for city purposes. The old club is using three locked cabinets. After further discussion, Mr. Cassandra moved to accept the City Manager's and Mr. Frederick's recommendation and reject this request. Mr. Warnke seconded the motion. No discussion. Motion carried 5-0. ADJOURNMENT Mr. Ferrell moved to adjourn, seconded by Mr. Cassandra. Motion carried 5-0 and the meeting was properly adjourned at 11:10 P. M. CITY OF BOYNTON BEACH, FLORIDA /~ Vice Mayor Councilman ATTEST: ~~ · City Clerk / ~_3 Councilmy / ~ Recor~ng-S~cretary (Four Tapes) - 28 - AGENDA April 17, 1984 CONSENT AGENDA - ADMINISTRATION Approval of Bills: Alsay-Pippin Corporation Est. ~9 Wells 17-22 for period 12/21/83 to 3/20/84 Pay from Util.Cap. Improve.Fund---404-000-169-01-00 Davis Water & Waste Industries Odophos for Sewage Pumping Pay from Water & Sewer Rev.---401-352-535-30-65 Dictaphone Corp. 1 Cassette Recorder with accessories and 35 cassettes. Pay from Federal Revenue Sharing---320-221-522-60-9E State Contract %725-62-83-1 Florida Diesel Truck & Industrial, Inc. Rebuilt transmission,yoke and splines replaced as needed and reinstalled with new carrier bearings, road tested & checked for Sanitation Truck %71. Pay from General Fund---001-193-519-40-32 5. Florida National Bank of Jacksonville?Trust Dept. Semi-annual fee for period 4/1/84 to 9/1/84 plus pay-agent fee and cremation fee. Pay from B.B.Rec.Facility Constr. Fund: 415-000-169-41-00 Holmac International Corp. 12 drums of oil for Equipment Maintenance Pay from General Fund---001-193-519-30-21 Kruse~ O'Connor. & Linq Inc. Police Pension Board professional services by Acturial Pay from Police Pension Fund---612-138-513-20-29 Lauderdale Services~ Inc,. Labor & Materials to repair 9.4 HP Flight Motor for emergency repair Lift Station %806. Pay from Water & Sewer Rev.---401-352-535-40-33 32,065.67 12,595.58 4,133.27 3,520.00 1,210.00 1,907.80 2,523.00 1,281.64 COUNCIL APPROVED: Meet, rig: 10. 11. 12. 13. 14. 15. 16. -2- Lauderdale Services, Inc. Labor & Materials to repair 9 HP Flight Motor as backup motor for Lift Station ~806. Pay from Water & Sewer Rev.---401-352-535-40-33 Metric Enqineerinq, Inc. Inv. ~34. & %35. N.E. 10th. Ave. & Cherry Hill Improvements Pay from General Fund---001-000-115-87-00 R~ssell & Axon Professional services rendered on various projects. Pay from Utility General Fund: 403-000-169-01-00---$24,507.70 403-000-169-11-00--- 14,865.49 403-000-220-72-00--- 2,916.23 403-000-220-73-00--- 4,034.88 403-000-220-74-00---. 1,552.50 Total $47,876.80 Smith & Wesson Training services for Patrolman Stanley H. Cale Pay from Misc. Trust Funds---691-000-269-01-00 South Central Regional Wastewater Treatment Board Services rendered in connection with treatment & disposal of wast,water for month of March, 1984. Pay from Water & Sewer Rev.---401-353-535-40-9I Twin Construction, Inc.Est. %2 Boynton Beach Oceanfront Park Project for 2/28/84 to 3/26/84 Pay from B.B. Rec. & Mun. Beach Imp. Fund 303-000-169-33-00 Unijax Supplies for B~ilding Maintenance Pay from General Fund---001-192-519-30-92 Pay from Water & Sew Rev401-332-533-30-92 " " " " "401-352-535-30-92 Total $1,416.05 85.50 31.49 $1,533.04 IsiahAndrews 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 $ 1,290.33 2,357.37 47,876.80 1,975.00 71,576.30 70,314.00 1,533.04 140.40 COUNCIL APPROVED; 17. -3- Willie Ruth McGrad¥ Server for Senior Ci%izens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 134.40 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Grady ~. S~ann, Finance D~ctor I therefore recommend payment of these bills. Peter L. Cheney, C~ty Manager COUNCIL APPROVED; Meeting: RUSSELL & AXON Established in 1920 Engineers · Plarmers · Architects Incorporated April ll, 1984 Mr. Peter L. Cheney, City Manager City of Boynton BeaCh Post Office Box 310 Boynton Beach, FL.33435 STATEMENT Summary of Russell & Axon Invoices for Professional Services for City Council Approval. For Miscellaneous Engineering Services invoice No. llO, O0611 K Authorization dated December 9, 1978. $1,427.03 For Wells 17-22 and Raw Water Main Invoice No. 16, 00623 H Authorization dated September 19, 1980. . $1,214.62 For P.S. & F.M. San Castle/St. Andrews Invoice No. 10, 00625 G Authorization dated April 2!, 1981. Note: 75% Reimbursable from EPA $1,655.42 For P.S. & F.M~ San Castle/St. Andrews Invoice No. 10, 00627 H Authorization'dated May 7, 1981. Note: 75% Reimbursable from EPA $5,423.17 For N.E. Area Water Main Invoice No. 4, 00630 G Authorization Ga~d July 8, 1981. $2,592.72 For N.E. Area Water Main Invoice No. 6, 00633 H Authorization dated July 8, 1981. $t2,810.23 For Water Main Extension - Old Boynton Road Invoice No. 6, 00643 K Authorization dated January 20, 1983. Note: 100% Reimbursable from Developer. $t ~ 552.50 COUNCIL A?PaOVED: EAST ATLANTIC A~, ENUE - SL'tTE 4!4 ~%' , DELRAY BEACH. Ft. CR!D_~ 33444 ~ 'Mr: Peter L. Cheney Page 2 April ll, 1984 For Palm Chase Sewer Service Invoice No. 3, 01072 E Authorization dated December 9, 1983. Note: 100% Reimbursable from Developer. For Palm Chase Sewer Service Invoice No. 2, 01072 K Authorization dated December 9, t983. Note: I00% Reimbursable from Developer. For Water Main Extension - Country Club Shopping Center Invoice No. 3, 01073 E Authorization dated December 9, 1983. Note: 100% Reimbursable from Developer. For Water Main Extension - Country Club Shopping Center Invoice No. 1, 01073 K Authorization dated December 9, 1983. Note: 100% Reimbursable from Developer. For Engineering Summary Report Invoice No. l, 01233A Authorization dated February'21, 1984. GRAND TOTAL THIS STATEMENT JMS:kf CC: Perry A. Cessna Betty Zobel - Finance R&A Files Milt Hallman $2,520.O0 $1,514.88 $1,440.00 $1,476.23 $14,250.00 $47,876.8O COUNCIL APPROVED: Meeting: