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Minutes 09-21-82
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 21, 1982 PRESENT Walter "Marty" Trauger, Mayor James R. Warnke, Vice Mayor Joe deLong, Councilman Patricia Woolley, Councilmember Samuel Lamar Wright, Councilman Peter L. Cheney, City Manager Betty Boroni, Deputy Clerk James Wolf, Assistant City Attorney Mayor Trauger called the meeting to order at 7:30 P. M. As Rev. James C. Stoutsenberger of St. Joseph's Episcopal Church was not present, Mayor Trauger gave the invocation and then led everyone in the Pledge of Allegiance to the Flag. AGENDA APPROVAL Under "NEW BUSINESS", Councilman deLong requested that "A. Futura Printing" be stricken from the Agenda. It pertained to a communi- cation received from Futura Printing. After he requested that it be put on the Agenda, later in the afternoon Councilman deLong received a memorandum from City Manager Cheney relative to the printing bids in the City. The Council has an opportunity to study some data that City Manager Cheney will have available in three or four weeks. Councilman deLong moved to strike "A. Futura Printing, under "NEW BUSINESS" from the Agenda, that the Council have an opportunity to study some data that City Manager Cheney will have available in three or four weeks, and to instruct City Manager Cheney to consider the contents of the letter that was sent in by Futura Printing. Councilmember Woolley seconded the motion. No discussion. Motion carried 5-0. City Manager Cheney had several amendments. He wished to eliminate item B (Request for approval of two temporary construction trailers - S. W. Section of Woolbright and 1-95~. Under "LEGAL, Resolutions, City Manager Cheney w&nted to delete "2. Proposed Resolution Re: Adopting Water and Sewer Rates", as it was not yet ready. He said he would have it at the next meeting. City Manager Cheney said that elsewhere on the Agenda, there is the first reading of an Ordinance which would take the sewer rates out of the Code. The Ci'ty will readopt them in the Resolution. City Manager Cheney said it will take two readings to do that, so the readoption will be in two meetings. There will be a second read- ing of the Ordinance. As they did not finish union negotiations, City Manager Cheney wished to eliminate "3. Proposed Resolution Re: Adopt 1982/83 Pay Plan (Action on this item will depend on pending union negotiations". He informed the Council that the City is calling for a Special Council Meeting next Monday night (September 27, 1982) and, hope- fully, they will have all problems on union negotiations and pay scale established at that time. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 City Manager Cheney wished to add a Resolution, which would be #4, for the Council's consideration, relative to the Board of Regents and FAU (Florida Atlantic University) Extension. City Manager Cheney added two Resolutions relative to eminent dOmain, which would be ~s 5 and 6. He said the City Attorney was planning to file eminent domain on the well site. ~City Manager Cheney further added Resolution ~7, which was a final Resolution relative to the bond issue for the golf course. Under "X. NEW BUSINESS", City Manager Cheney wanted to delete "B. "Review of request concerning beach snack bar Lease Assign- ment'' and substitute a Report on Ocean Ridge's actions today by their Planning Board relative to the beach. City Manager Cheney said the two are kind of related but he wanted to delete one and substitute the report on the beach. City Manager Cheney further wished to delete "F. Ratify Fire Union Contract" under "X. NEW BUSINESS", as it will be taken care of at the Special Meeting on MOnday, September 27. Hopefully, all of the union contracts and wage programs can be done at the same time, City Manager Cheney commented. Councilman deLong moved the adoption of the Agenda as corrected, seconded by Vice Mayor Warnke. Motion carried 5-0. ANNOUNCEMENTS Mayor Trauger said the City was fortunate to have Representative Frank Messersmith from District 85, which will represent all of the areas from Lake Worth to Delray Beach. From his most recent conversation from Bill Fowler, who is the District Engineer f~-~.the Department of Transportation, Representa- tive Messersmith said it appeared that their project of mutual concern that he has been involved with in trying to assist the City of Boynton Beach and the City of Lantana with regard to the storm drainage off of 1-95 has .been basically completed with some sod work left. Representative Messersmith said they hoped now that that will alleviate a great deal of flooding that they had been experiencing in the storms in earlier Spring. Of course, Representative Messersmith pointed out, they will not be able to test it until it rains like that again. Hopefully, that will take care of the problem. Secondly, Representative Messersmith informed everyone that he has moved his legislative office out of the Greater West Palm Beach area. It is now in the new Bank of South Palm Beach's building on Hypoluxo Road, and they are going to have a grand opening for all of the residents. Representative Messersmith formally invited everyone to come and join them Saturday from 2:00 to 4:00 R. M. to see the new offices for the State Legislature. He told everyone to please let him know if there is anything he can do again for them. - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 Next City Council Meeting will be held on Wednesday, October 6, 1982, due to a Primary Election on O'c~tober 5, 1'9'82 Mayor Trauger made the above announcement. He further announced that following that, the next Council Meeting will be held on Wednesday, November 3, 1982 because of the Election on the preced- _i~g~T~eS~a~-~.~hi~.~!s~inkeeping with the City Charter when Elections fail on the night of COuncil Meetings. Proclamation- Filr~ifi_~ght~er~s Memorial'~Sunda¥ '- Uc't'ober 1'0, 1982 Mayor Trauger read the Proclamation. Letter from B'oynton B'e'ach ~it'tl'e L'eague Mayor Trauger read a letter from Michael T. McLaughlin, President, Boynton Beach Little League, dated September 1, 1982, thanking the Council for all the help given to the league this past season. ~resident-McLaughlin also extended thanks in his letter as follows: Also, our thanks are extended to the Engineering Department for their help on the new field, to Bob Mathis and his crew for the great field maintenance, to Jim Patterson for scheduling fields, and especially to Charlie Frederick for such great help in many As our program has grown frGn 23 teams participating when the 15th Avenue cc~plex was built to 39 teams thiS past season~ it is obvious that the new field was needed, and it was put to good use. I would like at this time to request the Council help the League on lighting the new field for next season. In thiS way, the field could have even more use by our youngsters." MINUTES Regular CitY C'ouncil In order to keep the record straight, Councilman called the Council's attention to the second, paragraph from the bottom, fifth line from the bottom of the paragraph, beginning with "City Attorney Vance said that it was his opinion that this City may be exposed to legal action in connection with the adoption of this Ordinance. He also recommended that the stUdy prepared by the Planning and Zoning Department be made a part of the record in. connection with the consideration of this Ordinance." Councilman deLong further read from page 33 of the Minutes of September 8, 1982: "Councilman deLong said it was a good suggestion because, as was brought out here, the Planning and Zoning Board objected. He recalled that the City Planner (Carmen Annunziato) had recommended that. Councilmember Woolley disagreed, saying the City Planner did not recommend this. - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 "She repeated that the City Planner did not ~ecommend that this Ordinance be adopted. Mayor T.rauger agreed with CounCilmember Woolley and said the City Planner did not." Councilman deLong had a copy of the memorandum sent to the City Manager by Carmen Annunziato, City Planner, on August 11, 1982. It stated: A~psnying the corrected ordinance fo~-drded to the .Board Members was a staff rec~x~nendati~n in agreement with the proposed ordinance except that the staff recommsnded that instead of eliminating Millwork and Lumber Yards, a distance of 500 feet be provided between uses of this sort and residentially zoned property. Also included was a staff recc~man~tion to adopt definitions to further classify these uses. CounCilman deLong wanted the record to reflect the recommendation of the City Planner. Mayor Trauger asked the Recording Secretary if she could insert these into the Minutes. She replied they could be shown in these Minutes as a clarification. Councilman deLong moved to adopt the Minutes of September 8, 1982, as clarified. Councilmember Woolley seconded the motion, and the motion carried 4-0, with Councilman Wright abstained from voting as he was not present at the Meeting of September 8, 1982. Special City'Council~ Meeting Min'utes Of september 14, 19~82 Councilman Wright moved, seconded by Councilman deLong, to adopt the Minutes of the Special City Council Meeting of September 14, 1982 as presented. No discussion. Motion carried 5-0. PUBLIC AUDIENCE Mayor Trauger announced that if anyone in the audience wished to speak 'on any item that is 'on the Agenda, to please come forward and give their names to Betty Boroni, Deputy City Clerk. If any- one wished to speak on any items not on the Agenda, Mayor Trauger added that they could come to the microphone. He asked that they please give their names and addresses.. Dee Zibelli, 440 Ocean Parkway, Boynton Beach, Florida, Chairman of the NBCIA. Approximately 1-1/2 years ago, a fellow member and Mrs. Zibelli went to City Manager Cheney's office and asked if they could have "Children Playing" signs on Ocean Parkway. Through the course of their conversation, City Manager Cheney thought that putting 20 m.p.h, signs would be better, as they wOuld be more enforceable. - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 TO this date, Mrs. Zibelli informed the Council, they have not seen those signs, and she had not thought too much about it because things had been going on very smoothly. In the past twO weeks, Mrs. Zibelli advised that they have been having cars going at a high rate of speed from Seacrest to Miner Road. As you come from Seacrest and get to 27th Avenue, there is a long curve. Mrs. Zibelli lives at the second house in. The first car missed, hit the swale area, and went across. The second car that went through, jumped, the corner at 27th, went up on the sidewalk 75 feet past her neighbor's house, onto Mrs. Zibelli's sidewalk, almost hitting her fence, which stands back 10 or 15 feet from the roadway. It went over boulders she has by the swale area, and hit Mrs. Zibelli's mail box. Her mail box was a 2-1/2 solid steel pipe set 3-1/2 feet in the ground, in cement. This car leveled that, bringing the cement right up out of the ground. Mrs. Zibelli was concerned about children walking on the sidewalks, back and forth to Rolling Green School. She thanked God it happened at 4~:15 P. M. on a Friday and not earlier, because children would have been all over Ocean Parkway. It scared Mrs. Zibelli. She wished that the 20 mile per hour signs that City Manager Cheney suggested would be put up. Mayor Trauger asked City Manager Cheney if the signs could be put up within the next two weeks. City Manager-Cheney replied, "Yes." He did not recall the conversation but, if he did, he forgot about it. Mrs. Zibelli stated that it did not occur to her either as everything was running smoothly until this happened, and it scared her. Mayor Trauger assured Mrs. Zibelli that the signs would be up in two weeks. CONSENT AGENDA: Matters in this Section of the Agenda are proposed by the City Manager for "Consent Agenda" ApProval, with all of the accompanYing material~to become a part of the Publi~c Record A. Contingency Transfers li~ Public Works - Construction of Truck Wash F'acility A budget transfer request of $2,916 from the Contingencies Account to the Building Improvements Account to cover costs of construction of a truck wash facility at the Public Works was requested. 2. City Attorney See "Budget Transfer Request" attached hereto and made a part here- of, as page 6. 3. Unemployment See "Budget Transfer Request" attached hereto and made a part here- of, as page 7. -- 5 -- Finance Department .BUDGET DATA ONLY' ' F~XPE~DITURES AS OF 8/82 .... ACCOUlqT ' DESCRiPTiON: . Present ' I Adjustment Adjusted YTD Une'nc'~b'. Budget ~' Incre~.se ' Budge~ Expend. & ...... (D-ecre~se) O0t-14!-~!4-&O.~J - Civil Servic~ -2,~69 660 ~,929 001-141-.~14-~0.6M - Fire Grieva~ -'~,728 ~ ' '. ~ -0- O01-14i-5!4-~0.6t - Legal F~e/C.~. 8,356 ' 23,7513'223 ... 32,I099'95~ } '~,~7, ~ .. .... 32 ~ 109 : -Q- 00!-!41-5!4-~0.'93 - CoUrt Costs ~ ' ~5 3,078 3,123 3,123' --0- ' 001-t4t-514--~0.64 -- Labor/Fire 4,870 ~7.4) 3,196 3,19~ .001-!95-519-~0-11_ ~ .... - Cont~gencies ~ 32.209. (27~58~) ........ .' 4,627 '~ -0- - ~,627 .. ~ ~AL ~..' ~6,471 -0- 56,471 - rusttfiuat~on of transfer: ~ransfer to ..provide f~nds f~r CTt¥ Attornev ~cco~nt~-.to end Of fiscal veer. lpproved~ Department ~ead' Finance Department ~ ACCOUNTING DEPT. USE. ONLY City Manager. Revised }~arch !~ I~75 - 6 Finance Department BUDGET T~NS~ERREQUEST CONSENT AGF2~DA A.3 cc: Purchasing city Manager Date 9/17/82 ' ' BUDGET DATA ONLY EXPE~DI~3R~S AS OF · YTD Unenc~m~ . . . ~ .... ,' Present Adjustment Adjusted ACCOUNT DESCRIPTION Budget .Increase Budget Expend. & · Balance .. .. . (Decre-ase) E~cumb. [0.32 Unemoloyment 608 920 i,528 I _ , , 00!~--~il-57i- L0.32 'unempioyment '236 35 001-195-519mL0.32 Unemp~ovment ~26~ (1,780) 2~483 ' ' ~0- 2~483 L ' , , ' ' I ' " ~T3~ 5,436 -~- 5,436 Justification of transfer: Transfer ~ne~Dlovment Payments to proper,deDa~tments. Approved: Department Head Finance Department city.Manager I ACCQL~TiNG DEPT. USE ONLY ~Posted ~v [For Rel~o~t Dated ' Revized March !, 19' - 7 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 SW Section cf Woolbright 'and 1-95 Request for approval of two temporary construction trailsrs - This item was d C. Bids 1. Annual Robert L. Kenyor Calgon as it mec tested at the W~ Chemical Compan~ testing for fut~ Corp., P. O. Bo~ of $465.00 per 2. Sale of The Tabulation Service Refuse Florida for at¢ .~%eted in the Agenda Approval. ~equiremen'ts for Floccul~ant Aid - Utili'ties , Supervisor, Water Treatment Plant, recommended ts all the specifications and has been' used and ter Plant. He recommended the low bidder, Ashland be given the opportunity to submit a sample for ~re consideration. The bid was awarded to Calgon i 1346, Pittsburgh, Pennsylvania 15230 at a cost .rum. Junk Dumpst'ers - Publ'ic WOrks lommittee recommending awarding the bid to Ail Io., Inc.,. 825 N. W. 31st Avenue, Fort Lauderdale, .tal of $695.00 .ter at Wilson Pool - Recreation 3. Sun She] The Tabulation from Charlie ar 1916A Palmland of $4,132 (Sun Products. lommittee recommended the acceptance of the bid Mary Lucas, Licensed Aluminum Contractors, , Boynton Beach, Florida 33436 in the amount lhelter $3,745 Wind Screen $387) (Lucas Aluminum D. Write Off Miscellaneous Receivables - Utility and General FUnd E. Charge Off I~ Michael L. Mi accounts be writ F. List of Paym~ G. Approval of See list att~ H. Request for 1. Gerald F. Avenue Lactive Utility Billinq Accounts [nro, Utility Billing, recommended that these ~ten off and turned over to the collection agency. ~nts - Month of August, 1982 ~ills ~ched and mabe a part hereof. 0ning Approval for Alcoholic Beverage License Mitchell, d/b/a Old Boynton Bar, 520 East Ocean I. Lassiter ConstrUction Company Change Order Nos. 6, 7, 8, 9 for Phase I development of 30 Acre Park Site Tennis Complex See "Summary of Change Orders" attached hereto and made a part hereof, as page 9. -- 8 -- Recreation & Park Department 30 Acre Park Site Phase I - Tennis Center Summary of Change Orders DATE NO. D T ILS oF' DECREASE iNCREASE TOTAL PRICE 6/1/82 7/26/82 7/26/82 ?126182 7/28/82 8/9/82 8123/82 9~2~82 9/8/82 9/8182 3 6 8 9 Original Contract Price Fence Addition Aluminum Mesh Insert Screening Change Tupe of Plumbing 212.00 (Credit) Add 60 Linear Feet of Six Foot Windscreen Horizontal Masonry Borders 500.00 Instead of Vertical Ones Fencing and Gate Changes From 8 to 11 Zone Irrigation System Har-Tru Labor and Material 2472.00 (Credit) Installation of Telephone Conduit Only 897.00 188.00 I37.56 365.47 29.77 725.45 $498,890.00 499,787°00 499,975.00 499,763.00 499,900.56 '499,400,56 499,766.03 499,795.80 497,323.80 498,049.25 AS 9/16/82 - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 Councilman deLong moved for the approval of the Consent Agenda, as proposed by City Manager Cheney, "A. Contingency Transfers," 1, 2 and 3; "C. Bids", 1, 2, and 3; "D. Write Off Miscellaneous Receivables - Utility and General Fund," E, F, and G; H, 1; and I. The motion was seconded by Councilmember Woolley. Under "Bids, 2. Sale of Junk Dumpsters, Public Works", Councilman Wright noted that American Metal Containers, Inc., Miami, Florida, bid it and only had $241.00 that they were inquiring about, but the Tabulation Committee says that the best bid is All Service Refuse Company, Fort Lauderdale, Florida. Councilman Wright wondered if staff could make a comment about that particular company. City Manager Cheney explained that the only person who really bid was All Service Refuse, and they gave the City a price on everything. He said their total was $695.00. American Metal only gave the City a bid for a total of $241.00, so the best bid is $695.00. Councilman Wright just wanted an explanation of that because' it was not in the report. He said that answered his question. A vote was taken on the motion, and the motion carried 5-0. Councilman deLong moved, seconded by Councilmember Woolley, to move from the regular order of business to "X. NEW BUSINESS, item "B. Report on Ocean Ridge" A vote was taken on the motion, and the motion carried 5-0. NEW BUSIN~ESS B. Report on OCean Ridge This morning, City Manager Cheney adVised that the City reappeared before the Planning and Zoning Board of the Town of Oce.an Ridge to discuss again the Special Session application which is pending before the Town for the beach renovation project. They discussed it, and City Manager Cheney said at the end of their meeting, they voted 5-0 to approve the application for beach renovation as the City had basically submitted it with a number of condi- tions. City Manager Cheney said they were very complimentary about the plan and about the desire to have something happen and about their desire to have it move along and drafted with the possibility of not having any delays. City Manager Cheney reported that the Town of Ocean Ridge was very pleased that the City had concurred with their position relative to the beach renourishment project and that the City had reiterated its position of 1981. City Manager Cheney reported that he indicated that the City still wants a concession stand because that was important, and he indicated that the City could not take any different position on the bridge situation because it is a part of the City's whole comprehensive plan. That did not get a great amount of discussion - 10 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 except Ocean Ridge hoped some day Boynton Beach would agree with them. City Manager Cheney stated that the conditions Ocean Ridge put on their approval, which would be their recommendations to their Town Commission are: That the City of Boynton Beach file a bond of some kind with the Town of Ocean Ridge that will guarantee a completion of the plan as presented. at That they have a chance (as of course, they would, City (Manager Cheney pointed out) to review the completed landscape plan when that is finished. 0 That the dune restoration plan take into consideration, both at the north and south~end, the existing dune in front of the hammock at the northend and the existing dune line in front of residences at the southend, and that the City be sure those tie together and fit together. (City Manager Cheney remarked, "No problem.") City Manager Cheney further reported that the Town of Ocean Ridge addressed the concession stand and said on the assumption, that they can find a legal way to make that work and that they plan to find a legal way to make that work, even to amending their Comprehensive Plan if it is necessary. City Manager Cheney said that is the Planning Board's position. If they were to approve the concession stand, there are about nine conditions attached to that, City'Manager Cheney informed the Council. They are: (1) That it be run by the City. (City Manager Cheney clarified that that means by City personnel.) (2) That the size of the concession stand be as it is identified on the proposed plan (not the existing one, but on the proposed plan.) (3) Generally, City Manager Cheney told the Council, they are about the same, but h~ emphasized 'on 'the proposed plan. That there be no consumption of food or drinks that are sold at the stand away from the stand area, and that the stand area be defined. (4) (5) The number of parking spaces to be allowed would be 256, which is the same number of parking spaces we have at the beach right now. That Boynton Beach agree to police or Clean up the beach and keep it cleaned up some distance beyond our own property line on the theory that some ~f our litter may get spread both north and south. (City Manager Cheney said it probably does get spread, and the City is supposed to take on some obligation to do some cleaning in that area.) - 11 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 (6) That one suggestion of an emergency exit onto A1A at the south end should not be built. (7) That we have an exterminator program for rats, etc. on a regular basis. (8) That we consider again the handicapped access from the lower parking lot to the higher parking lot and be sure that is workable, at least on one walkway. (9) That we address the issue of the 50 foot right-of-way at the southend and landscape that in some way that is acceptable both to the City of Boynton Beach and the Town of Ocean Ridge. City Manager Cheney said that was approved by the Board in what was considered a very positive meeting. They discussed a lot of problems that are naturally a part of the beach projects and indicated to Ocean Ridge that the City is concerned and does intend to be a good neighbor in the Town of Ocean Ridge. As the City improves the beach itself and the beach properties, we will continue to improve our concerned control over litter and funding. The recommendation from the Planning Board will go to the Town Commission of the Town of Ocean Ridge at their first meeting in October, which is the first Monday (October 4, 1982), City Manager Cheney continued. He said they assume the Town Commission will set a T0wn Meeting on the application for their first meeting in November (the first Monday in November or November 1, 1982), and that some action by the Town of Ocean Ridge will take place at that time. Councilman deLong interjected that City Manager Cheney made the statement that the Town of Ocean Ridge can get around or whatever they have to do over there in order to accommodate the City taking care of the snack bar or the concession stand. Councilman deLong wanted an opinion from Boynton Beach's City Attorney as to whether or not when there is an existing lease there for a ten year period of time, if they can do something for one person (~the City) and cannot do it for the man who has the lease. Councilman deLong moved to have the City Attorney give the Council a legal opinion on that, seconded by Councilmember Woolley, Motion carried 5'0. Mayor Trauger asked how they could confine the consummation of food taken from the stand and keep it within the confines of the concession stand area without it going down on the beach. It seemed quite a "Herculean task" to Mayor Trauger. The one condition that the~put_on the beach approval ~ which City Manager Cheney wanted to discuss in~a~-er detail and probably ask the Town Commission to reconsider was that one. - 12 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 City Manager Cheney thought if the City agrees to do all the policing and litter control and other things, the City can address the problems Ocean Ridge is concerned with. He could see __ enforcing "Don't take food away from the concession stand" would be a very difficult thing. City Manager Cheney thought it was a problem when you have children and elderly folks who want to take something to the beach or to somebody else. He thought that was unenforceable and hated to see the City always in the position of telling people they cannot do something. City Manager Cheney felt they Could discuss that with the Ocean Ridge Town Commission and, with the other commitments the City is going to make, maybe they can resolve that one before the meeting. He thought it was a problem. Councilman deLong moved, seconded by Councilmember Woolley, to revert to the regular order of business. Motion carried 5-0. PUBLIC HEARING - 8:00 P. M. - (Hearings A through F will be held concurrentlYl Mayor Trauger informed everyone they would be briefed on the hear- ings by Carmen Annunziato, City Planner. A. iApplicanti:-~'-r-Homart-Boynton~-Associates Request: ANNEXATION OF 108.3 acre tract of land Location: Between the Boynton Canal and Old Boynton Road approximately 60~0 feet west 'of Congress Avenue ~ Applicant: .Homart-Boyhton'Associa~es~ ...... - ~ .... L~D USE~NDMENT.~& REZONING -~ Amend~uture_~Land ~ ~ Use~Element f~o~-Palm Beach County CG and AG to Community Commercial C-3 Location: Between the Boynton Canal and Old Boynton Road approximately 600 feet west of Congress Avenue Proposed Use: Regional 'Shopping Mall Co Applicant: Request: Location: Homart-Boynton Associates ANNEXATION of two tracts of land, parcel 2 - 7.87 acres and parcel 3 - 6.54 acres Between the Boynton Canal and Old Boynton Road on the west side of Congress Avenue, east of the proposed BoYnton ~each Mall De Applicant: Request: Location: Proposed Use: Homart-Boynton Associates LAND USE AMENDMENT & REZONING - Amend Future Land Use Element from Palm Beach County AG to Community Commercial C-3 Between the Boynton Canal and Old Boynton Road on the west side of Congress Avenue, east of the proposed Boynton Beach Mall Commercial and office uses ancillary to the Boynton Beach Mall - 13 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 EJ Applicant: Request: Location: First Federal Savings and Loan Association of Lake Worth ANNEXATION of a 12.3 acre tract of land Northwest corner of Old Boynton Road and Congress Avenue Fo -Applicant: Request: Location: Proposed Use: First Federal Savings and Loan Association of Lake Worth LAND USE AMENDMENT & REZONING - Amend Future Land Use Element from Palm Beach County AG to Community Commercial C-3 Northwest corner of Old Boynton Road and Congress Avenue Commercial uses ancillary to the proposed Boynton Beach Mall Carmen Annunziato, City Planner, expressed his pleasure in bring- ing the applications for annexation to the Council for the proposed Boynton Beach Mall plus three out parcels, which were cut out of the Mall's parcel of property. Mr. Annunziato informed the Council that the proposed annexation is bordered on the north by the Boynton Canal, on the east by Congress Avenue, on the south by Old Boynton Road, and on the west by the extension of Knuth Road, which is known locally as Javert Road. Mr. Annunziato said the northwest quarter of the property is, in effect, an extension of Javert Road, but that portion of the property has been cut off by the relocation of Lateral Canal 23, so that this parcel of land can remain in the natural state. That was a requirement of the DRI for their acceptance. Mr. Annunziato had prepared a report for the City Council, based on input from the City staff. He said the application, along with three parts, was reviewed by the Planning and Zoning Board. In both instances, it comes to the Council with recommendations which are positive. The nature of the public hearings being concurrent, there are really only six parts, Mr. Annunziato continued. He clarified that there are three applications for annexation and three applications for land use amendment and rezoning. Specifically, Mr. Annunziato explained, there is an application for the Mall parcel proper. There were two out parcels, which are still owned by DeBartolo, Mr. Annunziato added~and~.i'.'~bethird parcel, which is owned by First Federal of Lake Worth. Because of the issues being so int~iC~e~.~nd'~.~ntertwin~ ~ one report ~S ~par~d~'~r, Annunziato advis~., -a~d t-he~pub~ic<:~ring will be in substance as One.. Concerning the annexation, Mr. Annunziato informed the Council there are several procedures which the City follows in the review for the public hearing stage of annexation procedure. He said he had listed them for the Council and they appear on the first page of his report. - 14 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 With respect to evaluating the annexation, Mr. Annunziato said there are three policies which appear in the Comprehensive Plan' which the City is obligated to address before any annexation can occur. Mr. Annunziato read: "1. Annex only property which is reasonably contiguous to present municipal boundaries. 2. Annex property only after the preparation of a Study evaluating the fiscal benefits of annexation versus the cost of providing service. 3. Annex only properties Which are of sufficient size to provide efficient service and on ~hich urban development is anticipated." What ~armen Annunziato, City Planner, did in his report was take each policy and address the thre% s~parate annexation&s as they relate to that policy. Concerning Policy 1 Mr Annunziato stated that the Homart-Boynton tra~ts (and those are the Mall properties and out parcels 2~and 3), are contiguous with the C0rporate~ limits~of the City for approxi- m~e!y.2,300 linear feet. .When you ~ake in~o.~account the First Federal Savings and Loan Association of Lake Worth, that contiguity increases to approximately 5,000 linear feet, Mr. Annunziato advised. He said the First Federal tract is contiguous to the corporate limits for approximately 600 feet currently. However, when you take into account pending annexation of the DeBartolo parcel or th~ Homart~Boynton parcel, that contiguity increases to 2,100 linear feet. Therefore, Mr. Annunziato found a consistency with Policy 1. Concerning Policy 2 (listed as "2." above), Mr. Annunziato attempted to arrive at a proposed assessed value. He did that for the Council's benefit by attempting to build out for all of the parcels and then togk that build out and related it to some things which we already kn~w to be fact, such as the assessments for the West Palm Beach Mall and the land values surrounding those properties. It appeared based on building value and'.l~nd value for the three parcels, that the total assessed value, as Mr. AnnunZiato was projecting, would be something in the nature of $58,000,000 as build out for a projected tax return to the City of some $387,000. Mr. Annunziato said this must be compared against ~hat the City anticipates to be the cost to serve these parcels. He referred the Council to their Agendas an~ departmental review forms which were provided by the City department heads. He asked them to note that there were several departments which reportedly will have expenses which they expect to be offset by users fees. For example, the Building Department and th~ Sanitation Department anticipate expenses which will not be figured into the overall net cost benefit in that the return in users fees are anticipated to offset the cost. However, Mr. Annunziato told the Council they would find that there are costs in the Fire Department to serve this property of assumed to be $235,361 per year· based on a number of things. He said they did have a memo from the Fire Department. The Fire Department reported that they currently have the capacity, with the Fire Depart- ment's staff and budget to accommodate that ~ou~ce~of ~expehdi~ure. - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTF~BER 21, 1982 AS the area continues to build, that availability or surplus of labor and capital will dwindle to the point where it would become a recurring expense. Mr. Annunziato also called attention to a memo from Captain Edward G. Hillery, Jr., Boynton Beach Police Department, noting that if this area continues to grow, the City will have increments to patrol, staff, support staff, vice, and K-9 patrol. All in all, Mr. Annunziato said it lOoked like the Cost/Benefit Analysis, based on his anticipated return in taxes, which are based on anticipated assessed values, which he thought were low, could not be positive. Concerning the third policy (shown as "3" on page 15), Mr. Annunziato said it was clear from the overlay that in total these tracts account for 135 acres in the path of urban development on Congress Avenue across from corporate property, just south of the developing Motorola tract and also south of the proposed ~ongress'Lake Planned ~Unit D evelopment, which is currently also going through annexation procedures. Mr. Annunziato stated that it ~appears to the Planning Department that these applications are consistent with the Comprehensive Plan ahd may be subject to annexation based on Council's desire to go forward. C~ncerning the land use and zoning, Mr. Annunziato told the Council the issue here is to arrive at a proper land use classification within the Comprehensive Plan and then to arrive at a proper zoning classification to fit the needs. CQncerning the "CURRENT IJLND USE ~ND ZONING", Mr. Annunziato referred to his memorandum where it said: "DIRSCTION JURISDICTION ZONING LAND USE NORTH Palm Beach County RS/RG Trailer Park" Mr. Annunziato said there was an error, as the zoning should be "RS/SE" for a Special EXception". He read from his memo: "NORTH Boynton Beach PUD (Subject to Annexation) Congress Lakes Development Boynton Beach C-3 C~ercial Land Mr. Annunziato added that we have Motorola; vacant/undeveloped la~d; again vacant/undeveloped land to the southeast. As we s~ng around, we have commercial property. South, we have vacant/ undeveloped land, and there is also a' gas' r~J~g~, station. Mr. .A~unziato pointed to the locations and c0~tin~e~'by saying to th~ southwest, there is more vacant or underdeveloped land; and to the west, we have a smngle family residential area. - 16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 Mayor Trauger asked where the piece of property was that is owned by Jefferson (old Montgomery Ward). Mr. Annunziato showed the parcel located in the southeast corner of Old Boynton Road and Congress and said it was owned by the old Montgomery Ward and is zoned C-3. Comprehensive Plan or within Annunziato told the Council land is in a high intensityde~ by Motorola, by Congress Lakes, by by ,the continued c~nmerciai developi Boynton'~ Road and Congress and all Concerning the future land uses as they appear within the City's he County's Comprehensive Plan, Mr. ey would find in all instances ~eloped mode to'the plans~- This is exhibited he %railer P~r_~ by~ the Jefferson tract and ~ent in the intersection of Old Boynton, New the other developments created here in the past. Mr. Annunziato said the City accommodated with C-3 zoning of their request. He said th anticipated (primarily office restaurants}. Mr. Annunziato stated that th Rezoning, Land UseAmendment, said the recommendations were eels these parcels could be lassification, and that was the nature s would accommodate the uses that they retail commercial, and some overall recommendation is that the and Annexation be approved. He cited in his memorandum as follows: "1. the parcel is contiguous ~o the corporate limits; 2. the parcel is in the pathof urban development." He said a good sign of this ~is the existence of sewer and water on Congress and the existing road improvement, which have been placed by the state and the developers of the Mall. "3'.-the request is'. consistent with the Comprehensive Plan policies .for annexation; 4. the. land use and zoning categories requested are consistent with the land use plans and po~cies of both Palm Beach County and Boynton Beach; 5. The requested annexation ~.d zoning will not impare the surrounding properties in a manner that will inhibit future development; and 6. the cost/benefit analysis of this request indicates that the impadt of this proposal .~n m~c~pal staff and programs will be limited, and that the taxes realized will offset projected municipal expenses." Mr. Annunziato advised that ti for Council. Mayor Trauger a~ Council had any comments or q] Councilman Wright asked where Winchester owns. In answer t~ not know the exact limits of ~at summarized the report he prepared ~ked if any Members of the City ~estions. some of the property was that Mr. that question, Mr. Annunziato did ~hat. He said Mr.~ Winchester o~ns some property to the south of the proposed Boynton Beach Mall and First F.ederal of Lake Worth. and he thought, in some instances, it is all the way to New Boynton Road or Boynton Beach Boulevard in an area he pointed to. Councilman Wright recalled that quite a few months ago, they - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 19 82 received some communications relative to some of Mr. Winchester's concerns with the developer. Councilman Wright assumed that some of those things had been taken care of. Mr. Annunziato answered, "To the extent possible. Yes sir. There are some things that are beyond our ability to act on." Mayor Trauger asked if anyone in the audience wished to speak in favor of this annexation procedure. Dick Greco, Vice President of the Edward J. DeBartolo Corporation, did not want to belabor what had already been said. He stated that they were very happy that they were going ahead with the annexation and wanted to commend the City for the Professional staff it has, starting with the Planning Department, and with each and every department head the City has working for it. Mr. Greco said they have spent many hours with all of the department heads lately and will continue to do this for many, many weeks and months to come until this gets off the ground and they start going. Mr. Greco said they were here last week and then this week and will have many engineers here working next week. Mr. Greco reiterated that all of the City people have been working very well with them and certainly working on behalf of the community here to make sure that what ultimately is built out there will be in the interest of everyone. My. Greco felt they are going to have a very nice project. He said everyone is quite familiar with it, and they appreciated the City indulging them this way. Mr. Greco congratulated the community for all of the hard work and said they hope to be good neighbors in the near future. Mayor Trauger asked if anyone else wished to speak in favor of the annexation. There was no response. He asked if anyone wanted to speak in opposition to the a~exation. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilman deLong moved to accept the unanimous recommendation of the Planning and Zoning Board and that the application for annexa- tion submitted by Homart-Boynton Associates be approved, noting the Agreements stipulated to in the Petition for Voluntary Annexation. The motion was seconded by Councilmember Woolley. City Manager Cheney asked Assistant City Attorney James Wolf if one m6tion was adequate or if he thought there Should'.~be separate motions on all items A through F. Attorney Wolf thought it would p~obably "be cleaner" to take separate motions. He said it was not absolutely necessary since all of the actions will have to be approved by Ordinance later on. City Manager Cheney thought one m~ionlnowwould be adequate because they would all be addressed i~dividually later in Ordinances. Mr. Annunziatio, City Planner, t~°ught the record.should reflect that there were three application ahd two separate applicants, Homart-Boynton Associates and First Federal Savings and Loan Association of Lake Worth. - 18 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 City Manager Cheney felt that maybe they should have one motion that addresses Homart-Boynton Associates (which is the one that is on the table, for the Annexation, the Land Use Plan, and the Zoning) and a separate motion for First Federal Savings and Loan Association of Lake Worth for the same three issues. Mayor Trauger asked if they could treat items A, B, C, and D as one motion. Assistant City Attorney Wolf could see no problem with that. As he said before, they will again have to be addressed separately by Ordinance. Councilman deLong moved to amend his motion to include items A, B, C, and D and that the applications for Annexation, Land Use Amend- ment & Rezoning of Homart-Boynton Associates be approved, noting the Agreements stipulated to in the Petitions for ~Voluntary Annexation. Councilmember Woolley agreed to the amended motion and seconded the amended motion. A vote was taken on the amended motion, and the amended motion carried 5-0. Councilman deLong commented that it gave him great pleasure participating in the annexation and rezoning of the tract of land for the future mall. He recalled the early 70's when, as a member of the Council majority, prevailing upon the County Commission to act favorably upon DeBartoto's petition for the Mall. He did not know whether Mr. Greco remembered that or not. At or about the same time, Councilman deLong recalled that Len Father, developer of Fashion Square in Pompano Beach intended to construct the Mall in the proximity of the public radio station, Studio 91, WHRS, on South County Avenue, but he later abandoned that. Councilman deLong considered tonight's activity as an accomplishment that the City will greatly benefit from in the future and extended success and God speed to the DeBartolo enterprises and their every endeavor. Councilman deLong remembered the earlier days when Mr. Greco said he believed they would become a member of the Boynton Beach family. He remarked, "And here we are." Mayor Trauger could only add that some of the actions of the City Council did not scare off DeBartolo, as alleged that they would. Councilman Wright moved for the adoption of the Applications for Annexation, Land Use Amendment and Rezoning submitted by"First Federal Savings and Loan Association of Lake Worth, ~hich are items E and F on the Agenda, noting the Stipulations agreed to in the Petitions forVoluntary Annexation. City Manager Cheney wished to comment, because Lake Worth is sort of a "second cousin in this action". He called attention to the fact that First Federal Savings and Loan Association of Lake Worth also made some major modifications in their original site plan and development plan for the site when the City acted on the famous 45 foot height limitation. First Federal Savings and Loan Association of Lake Worth had some other kinds of plans. They adjusted their plans when they came in to meet with the City's Zoning Ordinance and - 19 - MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 requirements. City Manager Cheney said they also deserved some commendation and thanks for doing some adjustments themselves. Mayor Trauger extended the City's appreciation and thanks to the First Federal Savings and Loan Association of Lake Worth for present- ing such an excellent plan and for their request for annexation and zoning. A vote was taken on the motion, and the motion carried 5-0. DEVEL~OPMENT PLANS Site Development Plans Approval - Boynton Associates to construct 83 multi-family, section 8, rent subsidy assisted housing units for families plus recreation facilities, located on both sides of North Seacrest B~oul'evard~ between N. 6th AVenue and N. 8th Avenue Mr. Carmen Annunziato, City Planner, informed the Council that this application was a request for site plan approval submitted by Boynton Associates to construct 83 multi-family, section 8, new construction rent subsidy units. He told the Council it comes to them with a positive recommendation from the staff and the Planning and Zoning Board. However, the Community Appearance Board was not able to act on this application last night (September 20, 1982) owing to the fact that the City sent the Community Appearance Board's Agenda to an address in Clearwater, which was appropriate in that the applicant had suggested that it be sent there, but the applicant did not receive that notice to the Agenda in the mail in time to appear. Mr sa. be ca~ Mr . Annunziato asked the Council's indulgence in this matter and ced that the plan be approved by the City Council subject to ;iew and approval by the Community Appearance Board. Mr. Annunziato Ld staff felt this was not precedent setting., tt .was just ~ause of the strict time restraints which are placed on the appti- ~t by the Federal Government in terms of capturing housing money, Annunziato added that it becomes imperative for the City to act in this regard. Mr. Annunziato stated that the proposal is in two parts. If some of the Members of Council found it to be a familiar proposal, Mr. An~ by 18 av~ a co] Coq ~unziato reminded them that the application was approved previously the City Council. He said the application laid for approximately months owing to changes in the funding sources and the money ~ilable for rent subsidy. Mr. Annunziato stated that it is now in ~orm that can be approved, and the applicant is looking forward to mencing construction by the end of the month, based on the ~ncil's approval of the application. Mr_ Annunziato repeated that the application is in two parts. One cohcerns several units on the east side of Seacrest, located north of N. E. 6th Avenue and south of N. E. 7th Avenue on the east side of Seacrest. Mr. Annunziato advised that these are two story apart- ments with utilities on site, parking and recreation. - 20 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 One of the issues which was explored by the Planning and Zoning Board was the request for variances to the Parking Lot Construction Code. Basically, over the year and a half that the plan lay dormant, Mr. Annunziato said the City adopted ordinances which made this plan non-conforming as it applied to the location of driveways. Mr. Annunziato told the Council they would see on the western side of the plan that there were three driveways Which did not meet the City's criteria for location of driveways in proximitY to inter- sections on collector rights-of-way. (In this instance, Seacrest Boulevard.~ The staff recommended that two of the three remain where originally located, and the third (which is the northernmost entrance) into the development site from Seacrest be relocated onto N. E. 7th Avenue. Mr. Annunziato informed the Council that this will require that the applicant construct a portion of N. E. 7th Avenue, and in the future, Mr. Annunziato said the City feels N. E. 7th Avenue will be constructed all the way through to N. E. 1st Street. It exists in part right now for the first 200 or 300 feet. With this improvement, Mr. Annunziato said the City is hoping that the Community Development Agency will assist the City in having the remainder of N. E. 7th Avenue constructed. Mr. Annunziato continued by saying the site on the west side of Seacrest is similar in nature. He showed on the overlay north, south, 'and westJ In total~ Mr. Annunziato'said there ~are~83 units in total As he mentioned, it is section 8 reconstruction rent subsidy. Mr~ Annunziato advised that the request went through the Planning and Zoning Board with a positive recommendation from the City Technical Staff based on comments as follows: Building Dept. (Bert Keehr, Deputy Building official) "1. Sidewalks will be required where private property abuts rights-of-ways." 2. Parking lot designs require double striping." 3 was deleted from the Memo. "4. Board of Health permit will be required. 5. County turn-out permits will be required." Planning Dept. "Subject to driveway varianoe." Mr. Annunziato explained that his comment (Planning Dept.} concerned the necessity that whichever plan is finally built, it be consistent wi{h the applicant's request for variances as they appeared at the Planning and Zoning Board action. As he mentioned, Mr. Annunziato said the Planning and Zoning Board did agree to the Technical Staff's recommendations concerning the driveway. Mrs. Ramseyer, Recording Secretary, questioned why a memo from the Fire Department was not mentioned. Mr. Annunziato replied that it was not of a substance where it would be a technical requirement. He read the memo, as follows: - 21 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTF~BER 21, 1982 Fire Dept.: (James M. Rhoden, Sr., Fire Chief) "In the evaluation of the plans for the apartments, we have foreseen no additional problems in the area of fire protection." Councilman deLong had a question, as he knew there was some dis- cussion by the Planning and Zoning Board about that other drive up there. He asked Mr. Annunziato if they had reconciled it. Mr, Annunziato answered that the applicant has reconciled himself to the fact that based on the Planning and Zoning Board's action, he will have to construct a portion of N, E. 7th Avenue to relocate his driveway. Councilman deLong did not think it was settled at the meeting. Mayor Trauger asked if there were any constructed houses on any of the property that will be developed now that have to be taken down. Mr. Annunziato replied, "Not to my knowledge." Councilman deLong moved to accept the unanimous recommendation of the Planning and Zoning Board that the site development plans sub- mitted by Boynton Associates be approved subject to staff comments. This recommendation is based on the applicant modifying his plans to be consistent with the Parking Lot Ordinance which was approved in part and denied in part, and subject to final approval by the Community Appearance Board. Councilman Wright seconded the motion. The motion carried 5-0. Modified Site Plan Approval submitted by Oscar Ross to construct thatched c'hic~ees ~t 't~he~'St~atfO~d 'aY Hunter'~s RUn C~on'd~ominium Mr. Annunziato, City Planner, informed the Council that this was a relatively minor change to a plan by Hunter's Run Condominium and comes to the Council because of the nature of the zoning, which is a?Plann~d Unit Development. Mr. Annunziato advised that the request is to construct two thatched roof chickees near the pool, which was really the sum and substance of their review. Mr. Annunziato told the Council they received no comments from the staff and a positive recommendation from the Planning and Zoning Board. Councilman deLong moved, seconded by Councilmember Woolley, to accept the unanimous recommendation of the Planning and Zoning Board that the modified site development plans submitted by Oscar Ross to construct thatched chickees at the Stratford at Hunter's Run Condominium be approved. A vote was taken on the motion, and the motion carried 5-0. Site Development Plan Approval submitted by Rex Nichols, Architect for William Haslam, to construct a 12,326 sq. ft. commercial build- ing located~at ~2923'SoUth Fe~de~ral Highway To more appropriately locate the site for the Council, Mr. Carmen Annunziato, City Planner, informed the Council that it is just so~th of the Texaco station which exists where Old Dixie Highway - 22 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 splits off from U. S. 1. He advised that there has recently been some ventilation of sub-standard units on the property that Mr. Annunziato believed had been cleared. Mr. Annunziato advised that the applications comes to the Council with a positive recommendation from the staff, from the Planning and Zoning Board, and the Community Appearance Board. The recommendations from staff are based on comments from the staff, as follows: Fire Dept. (~ames M. Rhoden, Sr., Fire Chief) "The only serious consideration we have on this plan review is that th~ hydrant need is not addressed. It will be a requirement that the center have ~o 92) hydrants located on the property, one (!) at each entrance." (Mr. Annunziato advised that means one hydrant on the east, and one on the west. )4 "These hydrants should be placed South of the West entrance and North of the East entrance." Utility Dept.: (Perry A. Cessna, Director of Utilities) "Please be advised that the developer will be required to wet tap, under our supervision, the 8" line on the south side of Dixie Hwy. 'and run a 6" line around the west and south perimeter of his property with two fire hydrants located~ as required by the Fire Department. At the southeast corner of their property~,,at U. S. #1, they sha~l be required to install anv line north- ward to the intersection of Old Dixie Hwy. and Uo S. 41 to complete a loop for fire protection. The developer is requested to advise if this center is going to be ~erviced by one meter for all of the units or by separate meters." Police Dept.: "Install security lighting at rear or building, every 50 feet, wall mounted." Planning Dept. "(!) Curb landscape islands. (2) Dedicate 10' of right-of-way for Old Dixie to Palm Beach County (3) Construct sidewalk on Old Dixie to Palm Beach County specifications." As he mentioned, Mr. Annunziato told the Council the plan comes to them with a positive recommendation from the Planning and Zoning Board. Councilman Wright moved the approval of the site development plans submitted by Rex Nichols, Architect for William Haslam, to construct a 12,326 sq. ft. commercial building located at 2923 S. Federal Highway., subject to staff comments. Councilman deLong seconded the motion. Mayor Trauger asked Mr. Annunziato if he had any knowledge of what is going in there. Mr. Annunziato replied that at the Planning and - 23 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 Zoning Board Meeting, the applicant indicated that each space would be approximately 1,000 square feet and that it would be primarily retail. Mr. Annunziato felt it might be interesting to note that it was~a plan~of fewer than $100,000 and, therefore, not subject to Council's review for the redevelopment of the gas station's site. He told the Council they will find that station is being reconstructed consistent with current standards, and they will find that the entire intersection is being improved~accesswise, landscapingwise, and architecturally much improved. A vote was taken on the motion, and the motion carried 5-0. Site Development Plan Approval submi~tedby Dutch Bliss for Joe Cogen to construct a 12,320 sq. ft. office and professional center located on ~t~he north side of Wo~lbright ROad west Of Congress Carmen Annunziato, City Planner, informed the Council that to'more specif£cally~-locate~-~he site-~for the s~te'th~m~ the ~6bil gag station is to the east and the City's million gallon pumping station is to the west (.the vacant tract that is inbetween). Mr. Annunziato said this was a request for a one story office building, "L" shaped in nature, off Woolbright Road. Mr. Annunziato advised that the plan went through the Planning and Zoning Board with a positive recommendation from the City staff, based on comments as follows: Utility Department: (Perry A. Cessna, Director of Utilities) "My only ccnm~nt is that the developer should advise the Utilities Department whether the professional o=~nter is going to be individual meters or one master meter." Police Department: "Install security lighting every 50' in rear of building shining downward." Mr. Annunziato explained that the reason for having the lighting shining downward is because if the lights were shining outward, a patrolman would be blinded at night looking down the length of the building. They felt this was a much. bet%er way to approach the issue of security lighting. Planning Dept. "(1} Curb median to Palm Beach County specificatic~s." Mr. Annunzia~o said the Council may recall that the median exists to the limits of the gas station property and Woolbright Road. With this request, Mr. Annunziato said that median could be extended with the curbed-in turn lanes provided to serve First Federal of Broward. He stated that this will prevent the problem they had on the east side of Woolbright Road and Congress where they had a non-curbed median and an almost unrestricted crossing north and south across that area, providing problems. "(2) Curb landscape islands consistent with Code." - 24 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 Planning Dept.: (Cont.) "(3)~ Double space parking lot." Mr. Annunziato informed the Council that this plan went through the Planning and Zoning Board with a positive recommendation from the staff. The planning and Zoning Board unanimously reCommended this plan to the Council, as does the Community Appearance Board. Mayor Trauger asked how far the end of that building is from the City water tank. From the tank itself, Mr. Annunziato replied that it is 15 feet from the back of the building to the property line, and he estimated that the tank is approximately 15 feet west of our east boundary line. Mayor Trauger asked if they had to screen the water tank on the perimeter of this site so it is not objectionable to this building. To a great extent, Mr. Annunziato thought the north/south elbow of this building is going to screen the City's water tank from Congress, and the tank will not be significantly higher than the building. Mr. Annunziato pointed out that our site is landscaped, and the City is subject to the same review as this applicant is subject to. He added that this site is also landscaped to the Code. Councilman deLong moved to approve the unanimous recommendation of the Planning and Zoning Board that the site development plans sub- mitted b~ Dutch Bliss for Joe Cogen to construct a 12,320 sq. ft. office and professional center located on the north side of Wool- bright Road west of Congress, subject to staff comments. The motion was seconded by Councilmember Woolley and carried 5-0. Site Development Plan Approval submitted by Barry E. Greer to con- struct two industrial buildings totaling 25,236 sq. ft. located on the north side of Neptune Drive approximately 600 feet east of Congress ~venue Mr. Carmen Annunziato, City Planner, told the Council that the buildings are aligned north/south with parking on the west side of the property and the south side of the property. The application did go to the Planning and Zoning Board with a positive recommenda- tion from the City Technical Staff, based on comments as follows: Fire Department: (James M. Rhoden, Sr. Fire Chief) "The Greer Warehouse has been evaluated frcm the fire protection aspects as they relate to the proposed plan. The following list indicates problem areas and our recc~nendation for satisfactory compliance: 1. The distance for hose runs to the back building are beyond the range for satisfactory "time to water averages. To put his lot in the proper prospective for Council, Mr. Annunziato advised that this lot is approximately 400 feet north/south. He further read: - 25 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 Fire Dept.: (Cont.) "la. provide a hydrant at the South West corner of the back building on the property line. 2. No water line to supply the above ref. hydrant. 2a. ProVide an 8" water main to supply the hydrant. Mr. Annunziato advised that the City does have a water line in Neptune but because of the great ~istance from Neptune and the nearest fire hydrant to the rear of the building, it was the feel- ing of the Fire Department that inadequate protec~i0n existed without the addition of a fire hydrant and a fire line. Engineering Dept.: (Tcm Clark, City Engineer) "1. Drainage calculations should be revised to indicate that the first hour of a three year storm is contained on site. S~me considerations could be given for percolation to show that the construction proposed is O.K. 2. Please note that the lighting plan is not included. A note on sheet one indicates shop drawings for lighting will be submitted." Councilman deLong asked Mr. Annunziato if they resolved the fire hydrant that there was contention on. Mr. Annunziato had not had any continuing discussions with the applicant. He suspected that the applicant would want to address the Council. Councilman deLong questioned Whether the City changed its stand. Mr. Annunziato replied, "Not to my knowledge." Utility Dept.: (Perry A. Cessna, Director of Utilities). "Per our discussions at the TRB meeting this date, please advise the developer to show location of water line on Neptune Drive and the proposed location and size of a water line in a 10' easement, at least 10' frcm any building, with calculations for fire flow and fire hydrant, as required by the Fire Depart- ment." Police Dept. Public WOrks Dept.: "Install security lighting on buildings." "Contact Public Works prior to building dumpster slab for location and orientation." Planning Dept.: "(1) Curb landscaping. (2) Construct sidewalk thru driveway." With regard %o the comment by the Public Works Department, Mr. Annunziato showed the Council where the applicant was proposing to construct his dumpster. Mr. Annunziato said the location may not be improper but the slab may have to be relocated at an angle where it would accommodate the frontend loaders that the City has. The applicant has been requested to contact Public Works before he sets his dumpster slab. - 26 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 Mr. Annunziato continued by saying the positive recommendation from the staff went to the Planning and Zoning Board. The Planning and Zoning Board reported a positive recommendation to the City Council based on staff comments. Mr. Annunziato said it also received a positive review from the Community Appearance Board. Mayor Trauger requested a representative of the applicant to come forward. Barry E. Greer, 4324 South Ocean, Highland Beach, Florida, came before the City Council to represent the applicant. Mayor Trauger noted that he had heard the comments of the City Planner and also the staff comments. He asked Mr. Greer is he agreed entirely to the staff comments as presented. Mr. Greer agreed to everything with the exception of a fire hydrant that the Fire Department is suggesting he put on his property. The reason Mr. Greer disagreed is that a yard hydrant, according to NFPA is a second line of defense for the Fire Depart- ment. Mr. Greer stated that he has been a fireman for about 14 years. He said the hydrant could not be placed, according to National standards, 40 feet away from a building and still be a useable fire fighting hydrant. Mr. Greer informed the CounCil that the Fire Department has suggested that the Code calls for 200 foot. He said he has a~ hydrant 136 feet away from his property and 165 feet the other way from his property. Mr. Greer pointed out that the hydrants they are asking for could not be used to fight the fire in his building unless they wanted to put a $200,000 fire truck in jeopardy if the building falls on it or firemen themselves being injured in the truck. Mr. Greer reported thatlthe Fire Department somewhat agrees with~him but they say that the Code is that you should have a hydrant every 200 foot for a building. Mr. Gre~r asked to have that reviewed further with the Fire Department. He asked if the Fire Chief was present. Fire Chief James Rhoden, Jr. came before the Council and informed them that he met with Mr. Greer last week on this issue and explained to him the City's Codes and Ordinances required this hydrant. However, Chief Rhoden did give Mr. Greer the option of either giving the City the hydrant or giving them a sprinkling system in the buildings. Chief Rhoden had not seen Mr. Greer since that time. He commented that apparently, Mr. Greer does not want either one. Chief Rhoden focused the Council's attention in the City's Codes and Ordinances to Article 10, Section 16, under Fire Hydrants, item "B", where it says: "In these areas fire hydrants shall be spaced no greater than three hundred (300) feet apart and the r~motest part of any structure shall not be more than two hundred (200) feet frc~ the hydrant and shall be connected to mains no less than six (6) inches in diameter. · fire flow of at least one thousand five hundred (1,500) gallons per minute shall be provided ss a minin~an standard." - 27 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 To get a minimum standard, Chief Rhoden said that was why they required the 8 inch line going into a dead end hydrant. As far as the Fire Department was concerned, Fire Chief Rhoden~thought they should get one of the two or the approval of the site plan should be denied. Mr. Greer asked Fire Chief Rhoden if he could put a stand pipe system in other than a sprinkling system. He asked if that would be approved by the Fire Department. Chief Rhoden advised him that he would still have to have the hydrant. Mr. Greer said he could put the opening at the front of the property and use that same hydrant which would still fall under the Code. He just found that out today, Mr. Greer explained. He said he could put a stand pipe in front of his property and supply it off of the hydrant that is existing. Then that building would have water. Fire Chief Rhoden advised that it would still not be in compliance wi~h the Code. If he put a sprinkling system in the building, Mr. reer said it would not comply either. Fire Chief Rhoden replied, 'No, but I give you that option." City Manager Cheney suggested that possibly they could discuss th~s at another location rather than taking up time tonight. He noted it was obviously an important thing. City Manager Cheney commented that there may be a problem with a standard he did not know tonight, but it is a standard he was sure they abide by throughout the City. He said it may be a problem with juSt the shape and size of this particular lot and this particular build- ing. City Manager Cheney suggested that the Council approve the plan conditioned upon the staff working it out. He said they ~ould come back at another time and may be able to solve something in the meantime. City Manager Cheney emphasized that the City is o~ going to lower its standards on fire fighting. The one reason he City is able to have the size and kind of Fire Department it has is because we have stuck to our standards as far as water and protection of buildings go. It is very important, City Manager Cheney told everyone. Councilman deLong moved to follow City Manager Cheney's recommenda- tion and accept the development plans submitted by Barry E. Greer to construct two industrial buildings totaling 25,236 square feet located on the north side of Neptune Drive approximately 600 feet east of Congress Avenue, subject to staff comments, but the item concerning the fire hydrant will be resolved to the satisfaction of the Fire Department prior to final approval of the site plan. Councilman Wright seconded the motion, and the motion carried Preliminary Plat Approval for Boynton Isles Plat No. 2 submitted by Denis Potiris located between Greenbriar Drive and Sterling Village Condominium. This preliminary plat provides for the construction of seven 'single family detached unit's - 28 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982- Mr. Carmen Annunziato, City Planner, told the Council this was a request for preliminary plat approval submitted by Denis Potiris to construct Boynton Isles Plat No. 2, which is located between-Green- briar Drive to the south and Sterling Village to ~he north. He said the applicant is requesting to plat his property into seven lots served by a private street off of a public cul-de-sac. Mr. Annunziato informed the Council that the preliminary plat received review from the Technical Review Board. It went to the Planning and Zoning Board with a positive recommendation subject to Mr. Clark's (Tom Clark~City Engineer~ comments, which are primarily technical in nature. Mr. Annunziato did not read the comments into the record, as he thOught the applicant had accommo- dated those comments as they apply to the definition and the preparation of some of the land. The significant issue involved setting the land value for Recreation and Parks dedication pur- poses as it applies to the City's requirements. (A copy of the memorandum from Tom Clark, City Engineer, is attached as pages 30and31.) Mr. Annunziato stated that the applicant did submit an appraisal to the Planning and Zoning Board for their consideration. This appraisal indicates that the property is appraised at a value of approximately $64,903.85 per acre. There was a comment that the Planning and Zoning Board accepted the appraisal submitted by the applicant for Recreation and Parks dedication purposes, Mr. Annunziato told the Council. Mr. Annunziato said the application comes to the City Council with a positive recommendation from the Planning and Zoning Board for a motion to recommend approval and accept the land value. Mayor Trauger asked if this was the same one that had a problem with the cul-de-sac about six or seven months ago. Mr. Annunziato answered, "Yes sir. The applicant applied for a variance to construct a T turnaround as opposed to a standard cul-de-sac." Mr. Annunziato advised that the application comes to the Council with a full standard cul-de-sac. Mayor Trauger complimented Mr. Murphy for changing the plan to comply with the Code and Ordinance. Councilman deLong moved to approve the unanimous recommendation of the Planning and Zoning Board and that the preliminary plat appli- cation submitted by Mr. Denis Potiris be approved subject to Tom Clark, City Engineer's Memorandum of August 12, 1982, and that the land value of $64,903.85 per acre be accepted as the land value for Recreation and Parks dedication purposes. (This land value was based on a recent appraisal.) Councilmember Woolley seconded the motion. A vote was taken on the motion, and the motion Carried 5-0. - 29 - CITYi of BOYNTON BEACH Po O. BOX BOYHTON BEACH. FLORIDA 33435 OffiCe of .the/City Engineer ~r, Denis Pot!tis' ' Robert E. Owen and ASSOC., Inc, 2300 Florida Mango' Rd. P.O. Box. 3331 West Palm Beach,' Fl< 33409 July 29~ 1982 Re: ' Boynton Is. les r Plat No',2 (Preliminary' ' plat) Dear Denis ~ Reference iS mad~ to your l~tte~ of July 19~ 1982~i. A preliminary reView 5as been. made and comments are as followS: 1, Change ~76°06t05~ E to N76°06'~05,, 2. Change 'S~E~ 9th Ave~ to 'Greenbriar'Drive - leave S.E~ 9th Ave~ in parenthesis. 3~ Add acreage to description, 4. Add Symbols under notes. - ~ 0nly the Mayor, City Clerk and City Engineer sign the plat. The name of draftsperson who prepared the pla% is required along with the name and address as per SS 177. 7. Were Original R...RM's located? 10. 11. 13. Add "Date" under title. . Why is the"A".. requireo~ for lot identification? NOte in the dedication that ~anals will be maintained by the homeowners. The typed parts added show. up too dark on the prints. '~City of Boyn~on 'Beach" should be added to the plat to the left of "Palm Beach CountY.'' - 30 - Mr. Denis Potiris Re: Boynton Isles,' Plat 2 Development Plans July 29, 1982 Page' 2 1.' The sidewalks on the dedicated right of way ~- be shownand included in the cost estimate. Additional comments may be forthcoming with further .review of the plans. . .~ A recent appraisal or bilI of' Sale willberequired prior~ to presentation to-th.e Planning and Zoning recreation impact, fee). Please advise~if youhave any questions above. _ ~ :. · Very truly yours~ ·~' CITY BOYNTON BEACH .TAC:mb Carmen Annunz_'ia~Q PerryCessna Thomas A. Clark, 'P.E. 1 City Engineer MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 Community Redevelopment ~gency Approval of the expansion to the geographic limits of the Community RedeVeloPment ~rea .............. Consider report on status of agencies activities and request for City Council approval of use 'of funds -Hank' Thompson City Manager Cheney informed the Council that the Community Re- development Agency submitted a request that the Council consider amending the district that the Community Redevelopment Agency is to pay attention to. He told the Council that they had asked that it be considered and reviewed by the Planning and Zoning Board and by Carmen Annunziato, City Planner, and him. City Manager Cheney advised that they have done that, and he asked Hank Thompson, Chair- man of the Community Redevelopment Agency, to indicate the Agency's reasons for asking it. He thought in general, the feeling is that commercial area that goes from the canal south includes the current project area and a lot of the other commercial. City Manager Cheney felt they thought it made more sense than stopping at 6th Avenue. Mayor Trauger inquired about Sterling Village. City Manager Cheney advised that Sterling Village is R-3 and exempt from the area. He said there is no proposed adjustment to the boundary on the southern end. The proposed adjustments are all on the northern end. Hank Thompson, 6060 North Ocean Boulevards Ocean Ridge, Chairman of the Community Redevelopment Agency, informed the Council that after several meetings, the Agency felt it would be wise to incorporate all of the R-3 areas north of the previously designated area and the C-3, C-2 and C-4 commercial properties on either side of U. S. Highway 1 north to the canal and some additional area just west of the tracks in an industrial area. Mr. Thompson stated that they felt it would be unwise for the Agency to go ahead with this program of developing any sort of plan and then find out later that they should have included that area and wasted that effort and time. Mr. Thompson thought the Planning and zoning Board felt the same way. He highly recommended it. Vice Mayor Warnke noted that the original definition of that area was blighted. He asked Mr. Thompson if he felt this area is also blighted, to be included in the original area. Mr. Thompson answered that he did under the interpretation of the word "blight". Although he resented the word "blight", Mr. Thompson informed the Council that it i.s in the Florida Statutes, and they are saddled with it. Vice Mayor Warnke told Mr. Thompson that in July, the Florida Legislature changed it from slum and blighted to an enterm prise area. Mr. Thompson said the Agency would accept that and use that word from now on. Mayor Trauger asked if any Members of the Council had any question as to the redefined area as presented on the map. Councilman Wright thought it was a great recommendation for the Community MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 Redevelopment Agency to move a little bit further north. He guessed one day in the future the Agency could move the way they should. Councilman Wright thought perhaps they could take some other areas and~enhance them and do a better study in the considered business districts. For now, he thought it would be great if the Council would give them approval to work in that defined area. Mayor Trauger asked Assistant City Attorney James Wolf if that met the legal requirements. Attorney Wolf said that the Agency could prove in concept that the original area was adopted by ordinance. In order to increase the area, Attorney Wolf advised that the Council would have to adopt a new ordinance increasing the area. He informed the Council that the proper motion tonight would be to instruct the City Attorney to draft an Ordinance to increase the area if that is the way the Council wished to go. Councilman Wright moved to approve the expansion of the area and request that the City Attorney draw up the appropriate Ordinance to increase the area. Vice Mayor Warnke seconded the motion. A vote was taken on the motion, and the motion carried 5-0. Mr. Thompson continued by saying that he had submitted a report to the Council and to the City Manager with regard to what they have accomplished thusfar in their plans with regard to the hiring of a part-time City Attorney. Mr. Thompson felt it was necessary to come before the Council, as he stated in his letter, for permission to use those funds. It was Mr. Thompson's understanding that there have been set aside some $50,000 or $60,000 which has not been authorized for disbursal as far as the Agency was concerned as yet. He asked that that be considered at this time, as his report states, so that the Agency can go ahead and, as economically as possible, perform their duties which will include the hiring of an attorney who will specialize in this. If fact, they had a unanimous vote from the Agency to hire J. Michael Haygood, an Attorney who is an expert in his field. Mr. Thompson asked for some action on that and also the second part of that report. He wanted some of that money, so the Agency could use it for a Planner. Mayor Trauger asked how much Mr. Thompson was specifically request- ing for the attorney. In his report, Mr. Thompson indicated $75,00 an hour or an approximate annual figure of around $10,500. Mr. Thompson included that in his letter. He said that was based upon Mr. Haygood's estimate of one year's cost to the Agency. Council- member Woolley asked Mr. Thompson if he knew what the income will come to. Mr. Thompson replied that was an estimate because it was based on $75.00 an hour. He presumed the first year might be a greater amount than perhaps the second year because it would be in the formative stage and would require his direction a little more. Vice Mayor Warnke asked what the need would be for an Attorney at this point when the Agency did not have a plan for him to make legal opinions on. Although it was a good question, Mr. Thompson told - 33- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 Vice Mayor Warnke it would not be necessary for the Attorney to give legal opinions on a Plan. He said the Agency needs a Planner With the economic and geographical background for that matter. What they need an attorney for is to answer questions now regarding procedure so they do not get out of the way too far and will not be able to get TIF financing. In their many meetings thusfar, Mr. Thompson stated they have had input from Boca Raton where the Agency found that Boca Raton had made some errors in timing because they did not have the help and direction of an Attorney who was capable and expert in these matters. Mr. Thompson stressed that he felt it was absolutely necessary at this time. Mayor Trauger asked Mr. Thompson to give the Council an example of what he'would do or an example of any particular type of action. Mr. Thompson replied that there are certain procedures that must be fOllowed for financing which the Agency may be looking for two years from now. He advised that the Agency has no expert direction in that field. Mr. Thompson told the Council that the Agency feels t. hat they should have a man to advise them at all times on that. He informed the Council that the Agency is taking the word of Hhe Director from Boca Raton, who feels the same way. It was Councilman Wright's understanding, by attending the meeting last week, that the Agency would only ask for the attorney's assistance when necessary. He pointed out that there will be meetings when they will not need an attorney but they needed tO obtain some approval from the Council so that in the event they need to call the attorney, there will not be any problems with it. Vice Mayor Warnke asked Mr. Thompson if anyone had asked the owners of the properties as to whether or not they want the Community Redevelopment Agency to help them in this downtown redevelopment. He asked if there had been any input from the owners. Mr, Thompson informed the Council that had not been the Agency's job at all. He clarified his statement by saying that the Agency's job had been to peruse the area that the City gave them to study as carefully as possible and as quickly as possible and offer an overall plan for an area. Mr. Thompson added that the Agency had not arrived to where they are asking specific owners about anything~ He thought it would be a mistake if they did, as the Agency has nothing to offer them yet as a plan. Vice Mayor Warnke was not sure the owners want the Community Redevelopment Agency to interfere with their personal lives. Mr. Thompson did not know if they were going to interfere with anybody's personal life. He told the Council if they ~did not want the Agency to act, that was up to them. Mr. Thompson informed the Council the Agency was appointed by the Council to do a job, and if the Council did not feel the Agency should do it, Mr. Thompson was sure they would not. Vice Mayor Warnke clarified that he was saying that the owners of the properties in theldowntown-'ar~a that are now so called "blighted" have property that became blighted because they let it become blighted, and he did not feel that the taxpayers of this City should bail them out at this point. - 34- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 Mr. ThOmpson did not understand what Vice Mayor Warnke was talking about. He asked him how he meant, "bail out". Vice Mayor Warnke was talking about getting taxpayers money to help a Redevelopment Agency in the downtown area to build this section up. He was not arguing with Mr. Thompson but he wanted to get some input. Mr. Thompson informed Vice Mayor Warnke that the Agency was not going to build anything. They are going to come up with a plan that the Council charged them to come up with. Mr. Thompson reiterated that the Agency cannot operate for nothing. He stated that all of the "Commissioners" on the Agency are free gratis; they are not charging anything for their .services. Mr. Thompson emphasized that the Agency is not charging the taxpayers anything to build any- thing. He said they were using City funds to try to come up with a plan that is comprehensive that will increase the tax base of the City and that will reestablish a downtown area which is hardly definable at this point. Mr. Thompson reminded the Council that this came about as a result of the Chamber of Commerce's work some two years ago. It is not just a new thing. City Manager Cheney added, in the context of arguing this question about spending taxpayers' money to prepare a plan, the City Council, because the Legislature required it, spent the taxpayers' money four or five years ago to prepare a Comprehensive Plan for the City of Boynton Beach. That Comprehensive Plan cost money, City Manager Cheney informed the Council, and everybody paid for it. He continued by saying that Comprehensive Plan indicated that a detailed plan for the central business district was not being developed at that time and that is a project that would have to be done in the future. In essence, City Manager Cheney stated, this step was suggested by Council to be done through a Community Redevelopment Agency instead of through the Planning and Zoning Board, although the Planning and Zoning Board will-be involved. It seemed to City Manager Cheney that the City is now at that step where they are now again using taxpayers' money to prepare a plan in more detail because of the complicatedness of a central business district as opposed to residential property or as opposed to vacant land on Congress Avenue. He told the Council they were saying, "Let"s finish the job of preparing a plan for the entire City for that part you have not done, which is the downtown area, and you are spending taxpayers' money to do a specific plan for that the same as you spend taxpayers' money for the entire City. And that really is the extent of it. We don't have a plan." City Manager Cheney pointed out that private property o~ers have two problems in this area, and that is a part of why it is blighted. A lot of them cannot do much because of the nature of the lot situ- ation downtown, and they cannot do much without knowing what the guy next door is going to do. City Manager Cheney continued by saying they cannot do much without knowing there is a specific plan for the City within which they can do that. He said we have a lot of individual small lots down there. City Manager Cheney also told the Council that the City has - 35 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 some problems relative to that whole mangrove area, which is a public policy issue. He said it may be able to be solved only by doing an overall plan that brings several property owners together into things they cannot do by themselves. City Manager Cheney told the Council the next question was whether they spend taxpayers' money to subsidize a specific business man. He said that is another rquestion. It seemed to City Manager Cheney all the Council was doing now was spending money to do planning which Was started and never finished and did not finish on purpose. City Manager Cheney did not know if that helped any but he thought that was where the City Councilman Wright thought it was a good explanation. guessed it was a better one than he made. Mr. Thompson Mayor Trauger asked if there were any comments on this. Bill Mitchell, who lives at 710 West Ocean Avenue, Boynton Beach, informed the Council that he relocated to Florida after living in Los Angeles for the last few years, ye came back to Florida after a bad experience a few years back with a piece of property he sold. Mr. Mitchell thought he was probably the only person in the State's history that has ever been charged with a noise pollution violation in this community. He was charged with the Noise Ordinance on Federal Highway at the location of a restaurant called Luigi's. Since that time, Mr. Mitchell went west and went into business in the restaurant field. Mr. Mitchell came back to this area and decided to do something in the downtown area. With the help of the City, City Manager Cheney and the City staff, Mr. Mitchell said they made it possible for him to open a small business there, which the Council has approved this evening called the Old Boynton Restaurant. Mr. Mitchell praised the City for being very helpful, as well as Walter Dutch. He also included Harvey Oyer. He said they had made recommenda- tions on what he should do on his property and he made recommenda- tions to them of what he is going to do with his property. Mr. Mitchell stated that he is going to have the entire first floor represent three stores (which presently are leased by the Salvation Army, two of which are presently being used for approxi- mately the next six months until they relOcate to their own facility. At that time, Mr. Mitchell said he will expand his business into those areas with the co~sent of the City. Mr. Mitchell said he could speak for himself, but he added that a few of the owners in that area have decided to make some improvements. He said they got together in a meeting the other day and decided, within their own jurisdiction, what s%ze signs they would like to put up. Mr. Mitchell said they decided to make the signs small and look in a similar style so they can get tourism in there. He said they agreed to improve the parking area behind the building in such a way that it will not flood. - 36 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 Everything that has been done in that area has been done on our o%~n, Mr. Mitchell told the Council, because they knew there was no Agency involved at that time, and it was not to his knowledge that the Council had this Agency. Mr. Mitchell remarked that it was probably his own fault that he did not find that out. He thought somebody should come down and speak to them directly. (the people who are doing business in that area). Mr. Mitchell informed the Council that he invested a sizeable sum in that property, and he did not want to see somebody come in and dictate to him what he can and cannot, do unless it is a law and ordinance. That is what Mr. Mitchell said he would like to say, and he thought he could speak for a few of the other owners there in the business area. Mr. Mitchell continued by saying there is a new real estate office going in there. He has enhanced the property of Mr. Oyer immensely by keeping it in the same style it was in in the early sixties. Where Mr. Mitchell's present piece of business, where he is at 520 East Ocean, is a duplicate of the building that was there in 1937, which at that time was called the "Old Boynton Restaurant." He said they duplicated it in every way that they possibly could to make it look as it did back then. Mr. Mitchell also spoke to Mr. Beane, and he agreed to clean up his property. Mr. Mitchell hoped to see all of this happen in the very near future. Mayor Trauger asked Mr. Thompson if the City is parallel to that. Mr. Mitchell answered that they were close. Mr. Thompson told Mr. Mitchell the Agency would like to have him come and meet with them for an evening. He said the Agency wants input. At the last meeting, they had owners of the Marina and other property. Mr. Thompson said the Agency would look for him. Mr. Mitchell informed~Mr. Thompson there are about five of them that would like to join the Agency's meeting. 'Mr. Thompson noted that they are working along the same lines. Vice Mayor Warnke commented that was exactly what he was asking for - input from the downtown owners and how they feel about it. Mr. Thompson advised that the Agency is asking them to appear. He added that the Agency is holding two meetings a month to get this thing on the road as quickly as possible. They feel the urgency of it~ He reiterated.that the AgenCy is having Mr. Mitchell's group there and getting input from them. Councilman Wright recalled that some research has been done in the area, and he thought the Council had several meetings in the City Hall a year and a half ago when some of those owners came in and got more information about what the City was trying to do. t was his understanding that the City had the majority of the 's' consents for the.Community Redevelopment Agency. City Manager Cheney advised that they had over time certainly an initial committee called the Care Committee, which the Chamber o~ - 37- MINUTES - REGULAR CITY CO~CIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 Commerce supported, which went on for a couple of years, to try to bring together some ideas. He said they had the idea group come in, which spent a week here, and they created some more interest - a quick little study, obviously, that they created. City Manager Cheney further recalled that they had a long hearing, and John Howell and others were here. It seemed to City Manager Cheney that the whole thing was moving in the direction of some coordination. As City Manager Cheney watches what Boca Raton has done and as they have listened at the idea panel at other times, when representa- tives of the State came down here and tried to identify the mean- ing and interpretation of that State Statute, the continual recommendation the City has gotten in dealing with that particular Statute is you better watch out what you are doing because there is so'much confusion in that Statute because it has been reamended and amended and amended. That is the kind of feeling that has caused the Agency to desire to have an attorney there with them so they do not make a mistake that causes them to lose a year or two later on, City Manager Cheney informed the Council. It was a judgment, but it seemed to make sense to City Manager Cheney. It seemed to City Manager Cheney that it was the recommendation at the moment that it would make sense for the Council to suggest, if they felt like it, that some planning dollars are available, but the Council would like for the Agency to go through the plan of selection process in which the Council could observe. He thought the City Council and the Agency will learn a lot by going through that plan of selection process. City Manager Cheney added that they may learn they do not want to do it any more; they may learn there is a lot out there. City Manager Cheney further told the Council that they may simply want to authorize the Agency to go through that plan of selection process, talk about money and dollars, and come back to the Council at a later time and discuss whether or not some of those dollars are going to be available, but at least have them go through that process "with the Council's blessing" and have some money available for that attorney to advise them.as the A'gency goes through that selection process. He said that may be a step by step way of getting into this without making a commitment that is too great. As Mayor Trauger understood it from the request, the legal fee requested is for $10,500 approximately. Mr. Thompson th~ug~t'-~hat it was $10,000 or $75.00 an hour. Mayor Trauger asked how they would do this and if it would be by setting it aside and letting him draw against it with vouchers. City Manager Cheney thought the way to do it was to set aside a maximum amount of money. They simply would have the bills from the attorney, when they are prepared by Mr. Thompson and the Agency, come to the City, and the City would pay them, and they would no~ have to get involved in them. - 38- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 Vice Mayor Warnke wanted an opinion from James Wolf, Assistant City Attorney. He asked if Attorney Wolf thought this was necessary at this time or if he would rather not commit himself. Attorney Wolf thought it was more of a judgment for Mr. Thompson and the Agency to make. He had not personally dealt with this Statute. Attorney Wolf was familiar with Attorney J. Michael Haygood's work in West Palm Beach, and he had worked with Attorney Haygood in West Palm Beach, where Attorney Haygood has dealt with it quite a bit. Attorney Wolf reiterated that he just did not know, as he had not dealt with this Statute very much and could not give the Council a valid opinion. Mr. Thompson advised that the Agency had been dealing with Attorney Haygood now for several months. Mayor Trauger pointed out that another question to this was mail and other things like this. He asked if they did not have, in a meeting, trying to set up office expenses incurred in this too. Mr. Thompson replied that they were at a point now where they will need space for the Agency to operate. He said his secretary had been doing most of their preliminary work sofar, which they have been brought over to City Hall for collation. Mr. Thompson told the Council this is a part of what they have to look forward to in having an Agency in operation. It just cannot operate on itself. It cannot do it. Vice Mayor Warnke wanted to see that the Council defer the ques- tion to the City Attorney for a short period of time until they could find out whether or not it is really.necessary. He moved that the City of Boynton Beach cooperate with the Community Redevelop- ment Agency by .furnishing postage, mailing lists, stationery, office space, duplicating facilities, and secretarial staff to be charged to the General Revenue Sharing Account to the maximum of $10,000 for the purpose of determining the willingness of the property owners in thedesignated blighted ldistrict to~contribute ~/nancial support to the goals of the Community Redevelopment Agenc~ and that the data thus gathered will be used as a guide to the City Council for any further allocation of funds to the Agency. Councilman deLong seconded the motion. Councilman Wright asked what the motion said about the legal assistance that they need. Vice Mayor Warnke answered, "Nothing," Councilmember Woolley called attention to the fact that the Community Redevelopment Agency indicated that they cannot function without the aid of this attorney. COuncilman Wright did not understand that the Council would ques- tion the integrity of this group of.professionals that they asked to serve. He called attention to the fact that they have had attorneys come in and other people come in and bring information. For the Agency to say at this point they are ready to move forward, Councilman Wright did not think the Council should question the City Manager's recommendation that this be done either. Council- man Wright did not think the Council should ask these people to serve the City in this capacity if they are not going to support what they are trying to do. Vice Mayor Warnke assured Councilman Wright that the Council is supporting the Agency, but he wanted to - 39 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 find out from the property owners if they are going to support the Agency. COuncilman Wright said that was not the point. Councilmember Woolley agreed. Councilman Wright recalled that it mattered to them several years ago. The people, with the Chamber of Commerce's support in the downtown area, and other business people, said this was what they wanted. Although Vice Mayor Warnke was not on the COuncil attha% time,/ CoUncilman Wright said the Council approved that on the budget last year. He believed $65,000 was in reserve Revenue Sharing monies, and $10,000 was proffered at that time for the same purpose. Councilman Wright asked, "Now are we coming two years later and slapping them in the face?" With due respect to Vice Mayor Warnke, Councilmember Woolley did not think he quite understood. Councilmember Woolley spent time with people in Boca Raton and investigated their Community Redevelop- ment Agency, and they were to the point that they wished they had had an attorney prior to the point and time when they did hire him. She thought Boca Raton made quite a few mistakes which cost them a lot of time, effort and money. Mr. Thompson affirmed that was correct. It was Councilmember Woolley's understanding that the man who is helping Boca Raton with their Community Redevelopment Agency is paid a very limited salary, if anything at all. Mr. Thompson advised that he is paid none at all. Councilmember Woolley remarked that the man is tops in his field. Last week when she was up in Jupiter, Councilmember Woolley said the Town of Jupiter is going through a very similar situation. They are to the stage where they have received.their plans. They have something in hand that they can look at. Councilmember WoOlley informed the Council that the Town of Jupiter's whole process was done from the beginning to the end with the aid of an attorney. Several of them told Councilmember Woolley that there was no way they could even have begun the process. She commented, "You've never sat down and read all that legiSlation. I have, and it is very intensive." Vice Mayor Warnke interrupted to say that he was not saying anything against the attorney. He said he would go along with another motion for the attorney. All Vice Mayor Warnke was saying was the motion had a request for extra funds. Councilman deLong told Mayor Trauger he had a motion on the floor, and he should move the question. Councilmember Woolley wished to have the motion repeated. Mayor Trauger repeated the motion again. Mayor Trauger asked City Manager Cheney if this was possible from the City and if it was acceptable to the Chairman of the Community Redevelopment Agency (Hank Thompson). Vice Mayor Warnke explained that he was looking to matching funds in the future. Mr. Thompson asked Mayor Trauger if he was asking him if it would be acceptable to him as Chairman. Mayor Trauger replied, "Yes." Mr. Thompson answered that he had come here tonight in good faith. The Agency has operated for many months in good faith, and from what he heard here tonight sofar, it made Mr. Thompson think that - 40 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 their work had been held in little regard. Hank Thompson, Chairman of the Community Redevelopment Agency, told the Council he could not accept that. Mayor Trauger meant the office and theStationery and that part. He asked Mr. Thompson if he would accept that, and added that this was not addressing the attorney. As Chairman of the Agency, Mr. Thompson said he would not possibly agree to have people come in and tell them whether or not they were in favor. He asked the Council if they wanted the Agency to interview every- body - every merchant in town and find out whsther or not they are going to participate with the Agency. Mr. Thompson argued that the Agency was charged with coming up-with a plan. He told the Council, "If You don't think that they are going to participate, there is no need in having this Agency," Councilman Wright remarked that should have been decided a year or so ago. Mr. Thompson commented that he could not speak for the motion. He stated that someone called for a vote, and'he thought the Council should take it. Councilman deLong again asked that the question be moved. Councilmember Woolley did not understand the statement in the motion where it says: "for the purpose of determining the willingness of property owners in the designated area." She asked, "In other words, this money is maximum now at $10,000, and is not going to be allocated?- Do you need to take a door to door survey?" Councilmember Woolley could see where it was coming from but she asked, "Who is going to determine that?" Vice Mayor Warnke suggested probably a mail study to find out whether or not the owners in the listed area are willing to go along with the Community Redevelopment Agency. If the majority do not wish to go along with the Agency, they mighttas well forget it. ~.If they all want to go along and contribute some of their own money along with the matching funds ffcm'~the ~taxpayers, then the City would have a growing concern" Councilmember Woolley did not think that was the way it was stated in that whole thing. It was Councilman Wright's understanding that these things were done already. He asked, "What was done a year and a half and two years ago?" Vice Mayor Warnke replied, "It was never approved for allocation." Mayor Trauger took a vote on the motion, and the motion was defeated 3-2, with Councilman deLong, Councilmember Woolley, and Councilman Wright voting against Vice Mayor Warnke'S motion. Vice Mayor Warnke moved that Mr. Thompson's request for funds for a City Attorney in the amount of $75.00 an hour be approved as requested, seconded by Councilman deLong. As they did not know what the situation would be, Councilman deLong said $75.00 an hour. He asked, "Why should we dole out $10,0007" Councilmember Woolley felt the same way about this project as she does about the golf course. If the Council is going to do it and made a commitment to do it, she thought they should do it first class all the way exactly as the guidelines are outlined for the Agency. Councilmember Woolley commented that the Agency is a tough job - it is a tough task, and she thought the Members put in - 41 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 a lot of hours. Councilmember Woolley thought they deserved at least an attorney up to $10,000. Councilman deLong agreed with the price there and that they do need secretarial services so on and soforth. He pointed out that there was no need to go "hog wild". If the City can supply it, Councilman deLong remarked, "Fine." Mayor Trauger agreed. Councilman deLong said they just cannot go on a drunken spree. Councilman Wright thought this was the arrangement they came up if he was not mistaken - with the Community Redevelopment Agency, the Council still sort of gives the recommendations and makes some final approvals. That was why Councilman Wright thought the Council should honor their request. He called attention to the fact that City Manager Cheney agreed that perhaps he could find some space for maybe six months. Perhaps at that time, they could find some more space, Councilman Wright added, Councilman deLong said that was why they cut the Chambers off, so they could have ample space if they needed it. City Manager Cheney advised that the City uses most of its space but will do some moving around. He did not want to commit more than six months. Mayor Trauger asked Mr. Thompson, "Would space here, the postage meter, and the secretarial (which was the first part of the other motion) be satisfactory to you?" Mr. Thompson answered, "Yes sir." A vote was taken on the motion to approve the request for funds for a City Attorney in the amount of $75.00 an hour. The motion carried 5-0. Assistant City Attorney Wolf asked Mr. Thompson to have Attorney J. Michael Haygood contact him as he would be drawing up a contract. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance NO.~'82-~24 Re: Flood Cl'aim Management Regulations Assistant City Attorney Wolf read Proposed Ordinance No. 82-24 on second reading: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING ARTICLE VII, ~FLOOD DAMAGE PREVENTICt-~', OF CHAPTER 5, 'BUILDING, HOUSING AND CONSTRUCTION REGULATIONS' A~D ENACTING A NEW ARPICLE VII, 'FLOOD DA~IAGE PREVENTION', OF CHAPTER 5 'BUILDING, HOUSING AND OONSTRUCTION REGULATIONS'; PRO- VIDING FOR THE PREVENTION OF FLOOD D~IAGE; PROVIDING STATUTORY AUTHORIZATION, FINDING OF FACT, PURPOSE AND OBJECTIVES; PROVIDING DEFINITIONS; PROVIDING SCOPE, PERMITTING, INTERPRETATION, A FIDOD HAZARD MAP, DISCLAIMER OR LIABILITY, AND PENALTIES; PROVIDING FOR ~ISTRATION; PROVIDING VARIANCE PROCEDURES; PROVIDING STANDARDS FOR FLOOD HAZARD REDUCTIC~; PROVIDING FORA REPEAT.RR CLAUSE; PRO- VIDING A SAVINGS CLAUSE; REPEALING zS~T.Ti ORDIN~CES IN COhTFLICT; - 42 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 "PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Mayor Trauger asked if anyone wished to speak in favor of the pro- posed Ordinance. There was no response. He asked if anyone wished to speak in opposition to the proposed Ordinance. There was no response. THE PUBLIC HEARING ON PROPOSED ORDINANCE NO. 82-24 WAS CLOSED. Councilman deLong moved to adopt proposed Ordinance No. 82-24 on second and final hearing. The motion was seconded by Councilmember Woolley. No discussion. At the reques% of Mayor Trauger, Betty Boroni, Deputy Clerk, took a roll call vote on the motion: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 82-28 Re: Lot Clearinq Assistant City Attorney Wolf read proposed Ordinance No. 82-28 on second reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMH~DING CHAPTER t0, 'GARBAGE, TRASH AND OFFENSIVE ODNDITIONS', SECTION 10-2 'LANDS TO BE KEPT FREE FNDM TRASH OR FILTH' OF THE CITY CODE OF THE CITY OF BOYNTON BEACH, BY ENLARGING THE DEFINITION OF NUISANCE AS ~WXi~EP~kT~D WITHIN CHAPTER 10; REPEAL- ING ALL ORDINANCES, OR PAR~S OF ORDINANCES IN CCNFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING AUTHORITY TO CODIFY; PRO- VIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Trauger asked if anyone in the audience wanted to speak in favor of the proposed Ordinance. There was no response. He asked if anyone wished to speak in opposition to the proposed Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED ON PROPOSED ORDINANCE NO. 82-28. City Manager Cheney wished to tell the Council what this Ordinance does. He said it responded to some concerns the City had recently about large, vacant, natural lots adjacent to residential developed lots. This Ordinance declares that a nuisance exists within 50 feet of the lot. In other words, the City can go onto the uncleared lot that is large and an expansive space and require at least 50 feet of clearance in order to solve that problem and concerns about rats and vermin and anything of that nature. City Manager Cheney said it was in response to citizens who came here to Public Audience one night. - 43- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 On lot clearing on small house size lots, when they run the mowers, Mayor Trauger said they do not hit to the fence in the back corners, and that is where the same problem of rat infestation hits these small lots. He pointed out that they have the same problem. City Manager Cheney agreed that the City does not. He said they do it with a large.mower. City Manager Cheney informed him that the City does not manicure those lots. Mayor Trauger thought they should come within at least six inches of the fence. City Manager Cheney advised that if the Council wants them to do that, they will spend more time mowing because you cannot come with that big tract within six inches of the fence and not risk damage to the fence. He said they would simply have to charge more time to mow those lots, if that is what the Council wants them to do. Mayor Trauger "got his head beat off tonight"' on two lots by that extent, before he got here. He said they were within 4 or 5 feet of the fence with tremendous hedges. Mayor Trauger was hoping that this mowing ordinance that they were proposing here on lot clear- ing would satisfy that requirement. City Manager Cheney said whatever policy the Council wants the City to establish relative to what to do in those lots that is really someone else's obligation in the first place, the City will do. He said if the Council wants them to go up and cut right adjacent to the fence, it can be done. Councilman deLong asked Mayor Trauger if he wanted an amendment to the Ordinance. Mayor Trauger replied, "No. I will have to treat that separately. I was just trying to see whether that was in this Ordinance as the intent or not." Councilman deLong moved to adopt proposed Ordinance No. 82~28 on second and final reading, seconded by Councilmember Woolley. A roll call vote was taken on the motion by Mrs. Boroni, ~eputy Clerk, at the request of Mayor Trauger: Co~ncitmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 82-29 Re: Amend Chapter 10, Article II of City Code Re: Refuse, Garbage and Trash Assistant City Attorney Wolf read proposed Ordinance No. 82-29 on second reading, by title only: - 44 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 "D2q ORDINANCE OF T}~. CITY COI~CIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING ARTI~.E II, 'REFUSE, GARBAGE A~D TRASH'r OF CHAPTER 10, 'GARBAGE, TRASH AND OFFENSIVE CO~DITIONS', AND ENACTING A NEW ARTICLE II, 'REFUSE, GARBAGE AND TPASH', OF CHAPTER 10, 'GARBAGE, TRASH AND OFFENSIVE CONDITIONS'; PROVIDING DEFINI- TIONS; P~0VIDING FOR NEW FEE SCHEDULE; PROVIDING FOR A SAVINGS CLAUSE; REPEALING AT,T, ORDIlqANCES IN CONFLIC~; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Mayor Trauger asked if anyone in the audience wanted to speak in favor of the Ordinance. There was no response. He asked if anyone in the audience wanted to speak in opposition to the proposed Ordinance. Mr. Nicholas Cassandra, 2554 S. W. 10th Court, Boynton Beach, handed out a "brief" on how he does his thinking to the Council. He was against the amount of increase for the Sanitation, which was in the Ordinance, but not against an increase per se. Mr. Cassandra asked himself two questions. Mr. Cassandra asked, "Expenditure for Department 321," which is Sanitation, and he asked himself what would be the total revenue the City would be receiving from the Sanitation fee or the Garbage fee. Upon these observations, Mr. Cassandra made the following conclusions: Assuming Condition ~1, that the Garbage fee revenue includes the Sanitation Replacement Fund, Mr. Cassandra then had on page 182 of the budget that was approved yesterday (September 20~ 1982) Expenditure for Department 321 to be $935,029. The Capital Sanitation Replacement Fund's Budget is around $234,000, Mr. Cassandra advised. He put $238,000, (as he always knows that may- be some other equipment might break). Mr. Cassandra said the total revenue needed in $1,173,764. Mr. Cassandra continued by saying the anticipated revenue by the budget is $1,024,000 approximately. Therefore, we need an increase to exactly balance of $149,000. If a 13% increase gives the City approximately $270,000 that the City Manager says he needs to keep the Sanitation Department in the black and if we need only $150,000 to balance the book of 1982-1983, using straight line analysis, Mr. Cassandra would say that the City only needs an 8% increase in the Sanitation fee to balance the book. He reiterated that was exactly balancing. Using the straight line concept again of 5% more than has been recommended, Mr. Cassandra said that would be around 1% for $24,000, so if the City wanted a cushion of $50f000, 10% seemed like a good Sanitation fee increase and would still give the City a $50,000 cushion. Even though Mr. Cassandra recommended 8%, he realized 10% would probably be more appropriate. Mayor Trauger also used the figures, and he used the same figures Mr. Cassandra had only 8% seemed a little below. He asked City - 45 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 Manager Cheney and Grady Swan~, Finance Director, if these were the figures that had been used and if they were interpreted correctly. City Manager Cheney replied that they were only a part of t'he figures. Attached to the Ordinance recommendations given to the Council two weeks ago, City M~nager Cheney said there was a list entitled "Proposed Expenditures" and "Required Increase''. He said it included the $935,000, which'is~on the report and the $234,000 for Sanitation Fund. City Manager Cheney stated that it also included $55,000 for vehicle maintenance, $25,000 for vehicle repairs, $85,000 for gasoline, $32,000 for tires, $4,000 for capital in the vehicle maintenance division, $72,000 to utility billing, and $75,000 to general fund administrative charge-, for a total of $1,518,000. City Manager Cheney advised that the City's proposed recommended increase will produce $1,518,000. If the Council does not raise the fee up to $1,518,000, the amount of money that the City does not raise less than that will have to have something cut out of the budget that is-already in the budget, because the assumption is that the City is going to arrive at $1,518,000. The problem is, City Manager Cheney continued, you can just look at the Sanitation page. He said you are lOoking at those things which are only for that account. You are not looking at Utility billing and all of those other things that they have attempted in past years to include. Mayor Trauger asked if the City was raising the garbage rate, as Mr. Cassandra states, by 13%. City Manager Cheney answered, "About 13%. Yes." "To raise approximately, as Mr. Cassandra states, $270,000?, Mayor Trauger questioned. City Manager Cheney replied that actually, the household rate is about 13%. The commercial rate is a little more than that. If you take the household rate from $4.50 to $5.10, City Manager Cheney said it was about 13%. He thought the commercial rate goes up on the average. The average is around 18% or 20%. The commercial rate depends on the number of pick ups you have per week and the size of the dumpster, City Manager Cheney explained, so it is not a direct relationship. Mayor Trauger asked where was the fault then with the figures, City Manager Cheney answered that they do not include enough informa- tion. Mr. Cassandra advised that he only .could use the figures that were supplied. If the~e are other figures, Mr. Cassandra said the public hearin~ information was not complete as far as he was concerned. He was not disagreeing that City Manager Cheney needs 1.5 but Mr. Cassandra noted it said, "The City Manager recommends the garbage fees amount to $1,294,000." He used that as the bible. If that has not been changed subsequent to that, Mr. Cassandra stated that obviously, his figures cannot be correct. If this need was 1.5 because the City is balancing a 12.3 budget against a 12.3 revenue, then Mr. Cassandra could understand. He said he was using that as a bible, and it was not correct. Obviously, Mr. Cassandra noted, his figures could not be correct either. City Manager Cheney informed Mr. Cassandra that they were not - 46 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 budgeting-12 against 12 in order to justify increasing the Sanitation rates. The information City Manager Cheney just listed is in the budget on pages 176, 239~ 86 and 92, page 91, page 82, page 91, page 91, page 92, and page 250. City Manager Cheney told Mr. Cassandra the problem is that Mr. Cassandra looked at the Sanitation Budget which, if you look at it, you will see it is primarily personnel. There is nothing in the Sanitation Budget which has to do with the maintenance of vehicles, with gasoline, with billing, with tires, and with personnel on the maintenance. City Manager Cheney said that is not there; it is shown elsewhere. He advised there was no attempt to mislead. It is elsewhere in the budget. Mr. Cassandra was not going to disagree with City Manager Cheney. City Manager Cheney reiterated that it is in the budget; there had been no change, and they had not arrived at this figure to balance the budget. The City arrived at the figure to make the Sanitation pro- gram self-supporting. City Manager Cheney said that is what the income is in the budget, and that is what the expenses are. City Manager Cheney said their alternative is (.and they could do this some year, and maybe they should) to have a Sanitation Fund set up entirely as a separate fund. The City would have to trans- fer these other costs back and forth. City Manager Cheney said the figures are in the budget, and he did not want a~suggestion that they are not there. He said they were turned in when the budget was submitted. Mr. Cassandra noted it was late and he did not want to belabor the point. He said the Council had to decide on the Ordinance. Mr. Cassandra stated that he gave his opinion and his presentation but that City Manager Cheney's Department 321 summary there does have supplies and contractual expenses. Mr. Cassandra assumed that did cover some of the things City Manager Cheney said were not in there. He said that was under $935,000. As Mr. Cassandra said, it was late, and the Council had a big Agenda. He thought with the rates and everything else you are doing,~' the Council should consider a lower sanitation fee for this year. Mayor Trauger stated that he must have made the same mistake Mr. Cassandra did because he was within $70,000 of Mr. Cassandra's figures. City Manager Cheney reiterated it was not a mistake. It was the problem of being sure that when they make a program self- supporting, they include all of the costs. Mayor Trauger asked what the Council wished to do, pass it on final reading or take another look at it. Councilman deLong asked if there was any reason and whether Mayor Trauger thought City Manager Cheney gave the appropriate answers. Mayor Trauger said when he went through it, he was wondering if he could squeeze the 13 down- ward only. He presumed that was what Mr. Cassandra did. Mayor Trauger admitted that he evidently did not include those other items, and he could see that now. Councilman deLong asked Mayor Trauger if there was any doubt in his mind that this was in order. Mayor Trauger answered that was right. City Manager Cheney added that there is another part of the - 47 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 Ordinance, and that is the part of the Ordinance which addresses the question of combined trash and sanitation collection. City Manager Cheney said the City has indicated in the Ordinance, and if the Council adopts it, the City indicated that they will now pick up trash twice a week. As the terms on it say, the City has indicated that there will be no underground cans unless people take them out of the ground themselves. City Manager Cheney pointed out that will be a problem, and the City will have to address that, but that has been on the books for a long time; the City just had not enforced it. City Manager Cheney said there was an indication on there that the City is moving into an attempt to have everything that is put out for trash containerized. By that, he meant in a bag (plastic, paper), can, or if it is limbs, tied up. If it is large amounts of stuff, City Manager Cheney stated that the City will arrange a special collection. That has been the direction the City has been moving towards for a year and a half. City Manager Cheney hoped the Council would pass the Ordinance. He wanted to be sure the Council knew what they were passing, so they have been talking about it. Hopefully, out of this Ordinance, City Manager Cheney said the City will stop having overtime with a lot of work, 'raking around, and getting rid of trash Piles around the City so that the City will get rid of this loose trash that is put all over the City in every lot from here to there. He told the Council they may want to re- study the Ordinance or keep studying it for another meeting just to be sure they know exactly what they are doing because it is a major change. Vice Mayor Warnke moved to adopt proposed Ordinance No. 82-29, seconded by Councilman deLong. At the request of Mayor Trauger, Mrs. Boroni took a roll call vote on the motion, as follows: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 82-30 Re: Millaqe Rate Assistant City Attorney Wolf read proposed Ordinance No. 82-30 on second reading by title only: - 48 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 "AN ORDINANCE OF THE CITY O0UNCIL OF THE CITY OF BOYN~fON BEACH, FLORIDA, STATING RI{E AGGRSF~ATE MILLAGE RATE TO BE LEVTRD AGAINST PROPERTY O~lqERS WITHIN ~ CITY FOR THE 1982-1983 FISCAL YEAR; PROVIDING THAT THE CITY MANAGER SBAT,I', HAVE THE A33THORITY TO ADJUST THE AGGREGATE MTT,TAGE ~ UP(~ RDCE~ OF THE FINAL TAX ROLL; PROVIDING FOR AN Eb-'FEC~IVE DATE AND FOR OTHER PIIRPOSES." Mayor Trauger asked if anyone in the audience wished to speak in favor of the proposed Ordinance. Hearing no response, Mayor Trauger asked if anyone in the audience wished to speak in opposition to the proposed Ordinance. There was no response. Councilman deLong moved to adopt proposed Ordinance No. 82-30 on second and final reading. The motion was seconded by Vice Mayor Warnke. At the request of Mayor Trauger, Mrs. Boroni, Deputy Clerk, took a roll call vote on the motion: Mayor Trauger Vice Mayor Warnke CouncilmeF~er Woolley Councilman Wright Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 8:2-'3:t Re':' ~dopting '19'82~1'98'3' BU.dg~ Assistant City Attorney Wolf read proposed Ordinance No. 82-31 on second reading by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPT~{G A FINAL BUDGET FOR THE FISCAL YEAR BEGI~INING OCTOBER 1, 1982, ~D ENDING SEPTEF~ER 30, 1983; PROVIDING FOR AN EFFECTIVE DATE ~ FOR ~THER PURPOSES." Mayor Trauger asked if anyone in the audience wished to speak in favor of the proposed Ordinance. Hearing no response, he asked if anyone wished to speak in opposition to the proposed Ordinance. There was no response. Councilman deLong moved the adoption of proposed Ordinance No; 82-31, seconded by Vice Mayor Warnkeo It was City Manager Cheney's understanding that what the Council was doing with this motion was adopting the budget as printed but as changed. The changes are shown on a grouP, of papers that the Council received over the weekend, City Manager Cheney informed the Council, and that were before them last night (September 20, 1982). He said those changes addressed all those things that the Council discussed in their meetings that City Manager Cheney thought he interpreted that the Council wants to do. Councilman deLong commented that was what should be done, was necessary to be done, and the guidance should have been coordinated. City Manager Cheney - 49 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 just hoped he interpreted the Ordinance correct and properly, but he thought he did. Councilman Wright had two questions. One was relative to the way City Manager Cheney budgeted the Energy Coordinator's position~ and Councilman Wright asked if the'City was receiving any funds at all from the State. City Manager Cheney replied that the City never did. Councilman Wright asked City Manager Cheney if he just did that in terms of allocation of time. City Manager Cheney agreed it was just in terms of allocation of time. Councilman Wright's other question was relative to the position for the City Clerk's office. City Manager Cheney informed him that was in there. InitiAlly, Councilman Wright noted~ that Tereesa Padgett, City Clerk, requested'.~a RroPerty Clerk. He asked~ what happened. City Manager Cheney replied that they discussed it, and Tereesa Padgett had decided on a Recording Secretary instead. He informed Councilman Wright that was what is in there. The other thing Councilman Wright wanted to know were if there were funds maybe for some type of summer program. City-Manager Cheney answered that they were in there. Councilman Wright pointed out that they were not included in the Community Relation Board's allocation. City Manager Cheney explained that it was a separate line ~General Revenue SharingS.. He said that was the one that Blanche Girtman, Chairman of the Community Relations Board, recommended. City Manager Chen~y thought they got $6,000. He added that the City has already begun to think about a program. With the total budget for the General Revenue Sharings, Councilman Wright questioned the total of 10%, a~d asked if the $41~.0.~0 and 6.;~0j00 add up to the fifty some thousand that the City needs. City Manager Cheney answered, "No, because you are receiving $420,000 this year and 10% of that is carry over." Councilman Wright commented that it is carry over. City Manager Cheney considered that summer youth training programs are not a part of the Community Relations Board to administer. It is a part of the City to administer in our employment program with the Community Relations Board's assistance, City Manager Cheney told the Council, so he kept that separate from the $41,000. He said it really would help the City in doing things. City Manager Cheney said they want the Community Relations Board's input but he considered it as separate. Councilman Wright agreed but just wanted those questions answered. Mayor Trauger requested Betty Boroni, Deputy Clerk, to take a roll call vote on the motion, as follows: Vice Mayor War~ke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Aye Aye Aye Aye Aye Motion carried 5-0. - 50 - MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 Ordinances - 1st Reading Proposed Ordinance No. 82-32 Re: Land Use Amendment to show property Industrial for PID & Low Density Residential for PUD - William E. Benjamin II and Point Manalapan Development' Corp. Assistant City Attorney Wolf read proposed Ordinance No. 82-32 on first reading, by title only: "AN ORDINANCE QF THE CITY CF BOYhII~N BEACH, FLORIDA, AMENDLNG ORDINANCE NO. 79-24 OF SAID CITY, BY AMENDING LAND USE ~ OF THE CY1MP~SiIfE PLAN CF THE CITY BY ADOPTIONS THE PROPER 1AND USE CF CERTAIN PROPERTY WHICH IS ~EING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANSDUSLY HEREWITH WHICH IS MORE PAR~ICI/iARLY DESCRIBED HEREllqIFTER; A PORTION CF SAID LAND USE DESIGNATION IS BEING CHANGED FRCM PALM BEACH ODUNTY LOW-MED~ DENSITY RESIDENTIAL TO LOW-DENSITY RESIDENT/AL; ANOTHER PORTION OF SAID lAND USE DESI~I- TION IS BE~G CHANGED FROM PALM BEACH COUNTY 1AND USE DESIGNATION OF I3$W-MEDII/4 RESIDENT/AL TO BO1/Xrff~ BEACH INDUSTRIAL DESIGNATION; PRO- VIDING FOR A SAVINGS CLAUSE; REPEALING PROVISION; AN EFFECT1A~ DATE; AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance No. 82-32 on first reading only, seconded by Councilmember Woolley. No discussion. At the request of Mayor Trauger, Mrs. Boroni took a roll call vote on the motion: Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 82-33 Re: Land Use Amendment to show Property High Density Residential PUD - Janet Knox Field and Riteco Developme~ntCo~r'Po~ra~ti~on ~ Assistant City Attorney James Wolf read proposed Ordinance No. 82-33 on first reading, by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMEND]~G ORDINANCE NO. 79-24 OF SAID CITY, BY AMENDING LAND USE E~.RMENT CF THE CC~PREHENSIVE PI2kN OF THE CITY BY ADOPTING THE PROPER I2kND USE OF CERPA/lq PROPER~Y WHICH IS BEING ANNEXED ISrIO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH WHICH IS MORE PARTICU- IARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM PAlM BEACH COUNTY MED/HM TO MEDIUM-HIGH DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENT/AL; PIKDVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISION; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." - 51- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 Councilman deLong moved the adoption of proposed Ordinance No. 82-33 on first reading only. Councilmember Woolley seconded the motion. At the request of Mayor Trauger, Mrs. Boroni took a roll call vote on the motion: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 82-34 Re: Rezone Palm Beach County RS to Industrial for PID & Low Density Residential for PUD - William E. Benjamin II & Point Manal'apan Development COrporation "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ~ING ORDINANCE NO. 80-19 CF SAID CITY, BY ZONII~G A PORTION OF A CERTAIN PARCE?. CF LAND MDRE PARTICULARLY DESCRIBED HEREIbl WHICH IS BEING SI~4ULTANEOUSLY HEREWITH A~XED0~D INTO THE CITY OF BOt%~I~N BEACH BY ORDINANCE AS P.U.D. (P~ UNIT DEVELOPM5~¢~) WITH lAND USE INTENSITY 5 (L.U.I.); AND ANOTHER PORTION CF THAT LAND MORE PAR~I~Y DESCRIBED HEREIN AS P.I.D. (P~ INDUSTR/AL DEVELOP- MENT); PROVIDING FOR A SAVINGS CLAUSE; REPEALING PNDVISIONS; AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance No. 82-34 on first rearding only, seconded by Councilmember Woolley. No discussion. A roll call was taken on the motion by Mrs. Boroni, at the request of Mayor Trauger, as follows: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 82-35 Re: Rezone Palm Beach County AG to High Density Residential PUD - Janet Knox Field and Riteco Development' CorPoratiOn' Assistant City Attorney Wolf read proposed Ordinance No.. 82-35 on first reading by title only: "AN ORDINANCE OF THE CITY CF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 CF SkID CITY, BY ZONING A CERTA/N PANEEL OF LAND MORE PARrICIILARLY DESCRIBED HEREIN WHICH~ IS BEING SIMUL- TANEOUSLY HEREWITH ANNEXED INTO THE CITY CF BOYNTON BEACH BY ORDINANCE AS P.U.D. (PLANNED L~IT DEVELOPMENT) WITH lAND USE - 52 - MINUTES -~REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 "I~fENSITY 5 (L.U.I.); PROVIDING FOR A SAVINGS CLAUSE; REPEALING PRO- VISIONS; AN EFFECTIVE DATE AND FOR OTI~R PURPOSES." Councilman deLong moved the adoption of proposed Ordinance No. 82-35 on first reading only, seconded by Councilmember Woolley. No discussion. Mrs. Boroni took a roll call vote on the motion, at the request of Mayor Trauger: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No, 82-36 Re: Amending Section 18-181(b) Article IV~~ Chap~ter~18 - Pensions and Retiremen~ ~f~r Fi~remen Assistant City Attorney Wolf read proposed Ordinance No. 82-36 on first reading by title only: "~ ORDINANCE OF THE CITY COUNCIL OF T~E CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 18~181(b)_ INVESTS, ARPICLE IV PENSIUNS FOR FIR~4EN, CHAPTER 18 PENSIONS AND RETS; PPO- VIDING A REPEAL CLAUSE; PPOVIDI~ A SAVINGS CLAUSE, PROVIDING AUTHORITY TO CODIFY; PBOVID/NG AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance No, 82-36 on first reading only, seconded by Vice Mayor Warnke. No discussion. Mayor Trauger requested a roll call vote on the motion by Mrs. Boroni: Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 82-37 Re: Amend Section 26-58 Service Charges Prescribed by eliminating the entire section (Water and Sewer Service Charges will be adopted by Resolution) Assistant City Attorney Wolf read proposed Ordinance No. 82-37 On first reading, by title only: "AN ORDiNANCE ~F THE CITY OFBOYNTONI~2tCH, FLORIDA, AMENDING SECTION 26-58, 'SERVICE CHARGES PRESCRIBED', OF CHAPTER 26, - 53 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 'k~TER, SEWERS AND CITY UTILITIES', BY REPEALING IN ITS 5~TIRETY (AS ADOPTED BY ORDINANCE 75-15 ON MAY 16, 1975); P~DVIDING FOR A REPEALER CTAUSE; PROVID]~ A SAVINGS CLAUSE; REPEALING AT,T, ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES o" Councilman deLong moved the adoption of proposed Ordinance No. 82-37 on first reading only, seconded by Councilmember Woolley. discussion. A roll call vote on the motion was taken by Mrs. Boroni, at the request of-Mayor Trauger: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye Motion carried 5-0. No Resolutions Proposed Resolution No. 82-PPP Re: Authorizing the City Treasurer to transmit funds to the State Board of Administration for invest- ment Assistant City Attorney Wolf read proposed Resolution No. 82-PPP by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROYNTO~ BEACH, FLORIDA, A33THORIZIN~ THE CITY TREASUREP~ TO TRanSMIT FUNDS TO THE STATE BOARD OF ADMINISTRATION FOR IAS/ES~ AND TO' Wi'THD~ SAID FUbDS UPON GIVING TIMELY NOTICE AND CONFIRMATION BY LETTER; REMA]/~- ING IN EFFECT UNTIL ~-VOKED BY THE CITY OF BOYNTON BEACH, FLORIDA." Councilman deLong moved the adoption of proposed Resolution No. 82-PPP, seconded by Councilmember Woolley. No discussion. Mrs, Boroni took a roll call vote on the motion, as requested by Mayor Trauger: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 82-QQQ Re: Board of Regents, Florida Atlantic University Assistant City Attorney Wolf read proposed Resolution No. 82-QQQ by title only: - 54 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 "A RESOLUTION OF THE CITY ~OF BOYNSON BEAC~ TO THE BOARD OF REGENTS, STATE UNIVERSITY SYSTEM IN SUPPORT OF THE TEN YEAR ~ PLAN OF NEW DEGREE PROGRAMS FOR FLORIDA ATLANTIC UNIVERSITY." Councilman deLong moved the adoption of proposed Resolution 82-QQQ. No discussion. Mayor Trauger requested Mrs. Boroni to take a roll call vote on the motion, as follows: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Aye Aye Aye Aye Aye Motion carried 5-0. Assistant City Attorney Wolf stated that the next two Resolutions are related and he wiShed to explain them prior to reading them. He told the Council they would be getting two Resolutions. One was relating to a condemnation for some City well sites. Attorney Wolf reminded the Council that they passed a Resolution, which was No. 82-MMM. After reviewing those, Attorney Wolf said it appears that a portion of the easement which is needed was not included or specifically delineated in Resolution No. 82-M~IM. Rather than try to go to Court and make a change later on which they are not sure they can do, Attorney Wolf said they felt the best thing would be to repeal the Ordinance the City had previously passed and pass a new one which now presently would include the second Resolution the Council was going to get of all of the land that is needed. Resolution NO. 8'2'-RRR Re: Repealing Resolution No. 82-~.iMM Assistant City Attorney Wolf read proposed Resolution No. 82-RRR 'by title only: "RESOLUTION OF THE CITY ODUNCIL OF RI{E CITY OF BOYNTC~ BEACH, FLORIDA, REPEALING RESOIX/fION NO. Councilman deLong moved the adoption of proposed Resolution No. 82-RRR, seconded by Vice Mayor Warnke. No discussion. Mrs. Boroni took a roll call vote on the motion, at the request of Mayor Trauger: Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. - 55- MINUTES - REGULAR CITY COUNCIL~MEETING B©YNTON BEACH, FLORIDA SEPTEMBER 21, 1982 Resolution No. 82-SSS Re: Eminent Domain Assistant City Attorney Wolf read proposed Resolution No. 82-SSS by title only: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTf~ BEACH, FLORIDA, DECLARING ACQUISITION OF CER~A1/g EASEMENTS F~DRE PAR~ICtIIARLY DESCRIBED HEREINAFTER FOR THE PURPOSE 'OF THE CONSTRUCTION, INSTAllATION AND ~E OF PJIW ~ATER WE. r I~, TOGETHER WITH EASEMStgTS FOR THE INSTAllATION OF UNDERGROUND WATER MAINS/PIPES, SANITAR~ HAZARD RESTRICTED AREA EASEMENTS AND A TF~4PORARY CONSTRUCTION EASEMENT, TO BE A PUBLIC NECESSITY; AUTHORIZING THE ~4PLOY~N~ OF APPRAISERS AND AIII~ORIZING THE FILING OF E~fRgENT DOMAIN PROC~.RDINGS." Councilman deLong moved the adoption of proposed Resolution No. 82-SSS, seconded by Councilmember Woolley. No discussion. At the request of Mayor Trauger, a roll call vote was taken on the motion by Mrs. Boroni: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 82-TTT Re: Recreational Facilities Revenue Bonds ~'eri'es 1'982) Assistant City Attorney Wolf read proposed Resolution No. 82-TTT by title only: "RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA RATIFYING ALL ACTIONS HERETOFORE TAKEN BY Tf~. CITY COUNCIL OF THE CITY OF BOYNTC~ BEACH, FLORIDA WITH RESPECT TO THE ISSOANCE OF $4,000,000 CITY OF BOiRYit/g BEACH, FLORIDA (PALM BEACH COUNTY, FLORIDA) RECREATIONAL FACILITIES REVENUE BONDS (SERIES 1982); AND PROVIDING.PURSUANT TO SECTION 218.385(1), FLORIDA STATIrI~S, SPECIFIC FINDINGS AS TO THE REASONS RE~I/IRING THE NEGOTLATfD SALF. OF SUCH BONDS, DETER~ BY THE CITY COUNCIL TO BE IN BEST INTERESTS OF THE CITY OF BOYNRX/~ BEACH, FLORIDA, IN RESOLLrfION NO. 82-~¢~., ADOPTID ON SEPTEMBER 8, 1982." Councilman deLong moved the adoption of proposed Resolution No. 82-TTT, seconded by Councilmember Woolley. No discussion. At the request of Mayor Trauger, Betty Boroni, Deputy Clerk, took a roll call vote on the motiOn, as follows: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. - 56 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 OLD BUSINESS Review of Golf Course Permit Policy No. 3 Mayor Trauger asked if anyone had any questions on the Golf Course Policy after reading it. Vice Mayor Warnke asked if it takes any action. City Manager Cheney said he would like the Council to adopt it. Councilman deLong moved to adopt the recommendations of the City Manager pertaining to the Golf Course Permit Policy. City Manager Cheney explained that the result of this was that they were giving City people (giving everybody but the major impact would be on City residents) more time to sign up (December 29). Councilman deLong said it was in City Manager Cheney's Memorandum of September 21, 1982. Councilman Wright seconded the motion. Motion carried 5-0. NEW BUSINESS Items Reques~ted' 'by' ~council'man 'SamUel Lamar Wright Councilman Wright wanted to mention some concerns relative to the letter they received from Futura Printing. He had comments from the other businessmen in the community about not being able to get any business from the City. The thought the City Manager and staff would work to make sure the City can take care of that particular problem of printing. He had some other concerns about somebody wanting the City to buy some films or something from their business. City Manager Cheney said he would address the issue, but how the City takes care of the problems is up to the Council. He said he would address the issue, as Councilman deLong had asked him to do. Councilman Wright saw it in the correspondence and also in that package. He thought they would be able to do something to alleviateSome of those concerns from some of the citizens. Secondly, Councilman Wright noted that Mayor Trauger has been say- ing he feels that they should place emphasis on cleaning up Federal Highway. Councilman Wright thought it warrranted that. He also thought they should encourage people throughout the City to clean up what they own. He called attention to the fact that they have a sign on Seacrest as they enter Boynton Beach from Hypoluxo that says, "Boynton City Limits., Councilman Wright thought the City needed to replace that because it looks kind of shabby. Mayor Trauger asked if it was on the south side, Council- man Wright replied that it was on the south side of Seacrest Avenue, near Pine Tree Villas. City Manager Cheney informed the Council %hat any time they find signs like that to just give the City a note, and they will take care of it. Since they passed the Ordinance relative to improving the Sanitation program, Councilman Wright still felt that the City Council should do what they could in the terms of requesting the staff to work collectively wi%h~b~ards that they have appointed that - 57 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 have an interest in clean, up campaigns% Councilman Wright felt it was needed, and he has had people tell him about that continually (even people who live around him in his neighborhood, on his street.) Councilman Wright called attention to the fact that people are quite concerned, even in other areas of the community. He wanted to see the staff, with City Manager Cheney and the Public Works Director, take a look at what some of the other cities might be doing. Perhaps they might have some ideas of their own, Councilman Wright added. Mayor Trauger referred to the "Clean City Campaign" Delray Beach had. Councilman Wright reiterated that the City needed to do something. City Manager Cheney commented, "That'~s'what we've just done by~3'changingr'our'~ordiha~ce.'~That's what'we~v~ been working for." Councilman Wright thought there were some other things they could do and thought the City should try and get them done. Those were his concerns. Ratify South Central Regional Wastewater Treatment and Disposal Board Budget amending action of September 16, 1982, for Lime Sludge Stabilization - $85,000 limit Councilman deLong moved to ratify the South Central Regional Waste- water Treatment and Disposal Board's Budget amending action of September 16, 1982 for lime sludge stabilization that has an $85,000 limit. The motion was seconded by Councilmember Woolley and carried 5-0. Acknowledge and support appointment to Florida League of Cities Resolution Committee -Patricia Woolle¥ and Samuel Wright Councilman deLong moved to acknowledge and support the appoint- ments to the Florida League of Cities Resolution Committee of Councilmember Patricia Woolley and Councilman Samuel Lamar Wright. Councilman Wright seconded the motion. Councilman Wright asked if there were any Resolutions or concerns that the City Council wanted the League to consider. Councilman deLong told Councilman Wright to use his judgment, as the Council had faith in him. A vote was taken on the motion and carried 5-0. ADMINISTRATIVE Approval to use Blimp for Sunshine Square Reopening requested by Gary Lewis, President, W/CAO Radio Councilman deLong moved, seconded by Councilme~er Woolley, to approve the blimp for Sunshine Square'~s Reopening. Motion carried 5-0. City Manager Cheney said the date may be different than what was in his letter. He assumed the Council's approval was for the activities in general. The Council agreed, and Councilmember Woolley thought it was a nice idea to use the blimp. - 58- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1982 ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 10:27 P. M. CITY OF BOYNTON BEACH ATTEST: ncilman - 59 - AGENDA September 21, 1982 3-page ADDENDUM to minutes 9/21/82 Council Meeting ADMINI STRAT ION Approval of Bills: A.G.F. Florida 4 Catch Basins w/Collar Grate Pay from General Fund---OO1-411-541-60-3P B. & H. Sales 12" Extension for M & H for Water Distribution Pay from Water & Sewer Revenue---401-333-533-60-5A Board of County Commissioners County Landfill for month of August, 1982 Pay from*General Fund---001-341-534-40-gA Boyle~Construction.Estimate No. 19 pump Station 316 & 319 for period 7/21/82 to 8/20/82 Pay from Utility General Fund---403-000-169-11-00 75% reimbursable from EPA Grant Se Bo~nton Beach Child Care Center Funding for Childi:.Care Center(Third of 3 payments) Pay from Federal Revenue Sharing---320-641-564-40-5A Cou-cil 'approved 1/19/82 o Se Caldwell, Pacetti~ .Barrow & Salisbury For Legal Services rendered VSH Realty v City of B.B. Pay from General Fund---001-141-514-40-61 City of Boca Raton Cooperative Dispatch Center--Fourth Quarter--1981-82 Pay from General Fund---001-211-521-40-79 Davis Water & Was.re Industries Odophos Liquid No. 1 for Sewage Pumping Pay from Water & Sewer Revenue---401-352-535-30-65 e Dunn & Associates Acoustical Legal Fees VSH (Cumberland Farms) v City) -Bay from General Fund---001-141-514-40-93 $ 1,252.00 1,388.60 17,252.00 47,697.27 3,514.23 6,418.28 63,963.75 8,198.80 1,425.00 COUNCIL APPROVED: Meeting: ~ -2- 12. 13. 14. 15. 16. 18. Ernst &Whinne¥ 1st interim billing for procedures thru 8/31/82 regarding examination 9/30/82 financial statements. Pay from General Fund---001-000-155-03-00 Florida Innovation Group FIG Group Ethanol Project Pay from Federal Revenue Sharing---320-000-155-03-00 Council approved 6/15/82 ~a~etime MOdule for Civic Center Pay from. General Fund---001-000-115-85-00 Per bid 7/27/82, Council approved 8/3/82 50~reimbursable from PaLm Beach County The Garden Store ~st. PaYment Swale Sodding per bid for North Ocean Parkway Pay from General Fund---001-411-541-60-3P Per bid 8/10/82, Council approved 8/17/82 Hewle~t Packard compam¥ Re~airs for Gas Chromatograph, Model %5880A Pay from Water & Sewer Revenue---401-332-533-40-99 I,B.M. CorPOration Lease Copier III Model 40 Pay from General Fund---001-194-519-40-22 S.I. Lime Compani¢ Lime for water Treatment Plant Pay from Water & Sewer Revenue---401-332-533-30-65 Ranqer Construction Industries Hot Mix and Asphalt' for various departments General Fund---001-000-115-88-00 106.96 " " 001-411-541-30-4A 1,829.60 Federal Rev.---320-291-529-60-31 41.72 Water & Sew.---401-351-535-40-3F 29.68 Amount of $106.96 reimbursable from Palm Bch.County Robe~ Septic Tank Se~ce InStallation of Septic Tank - Truck Wash - City Shop Pay from General Fund---001-394-539-60-29 $ 2,235.10 5,000.00 1,681.00 5~075.00 1,072.72 2,105.52 11,531.55 2,007.96 1,357.50 COUNCIL APPROVED: -2- 20. 22. Russell & Axon Professional services rendered on various projects. Pay from the following accounts= 403-000-169-01-00 19,754.47 403-000-169-11-00 22,004.72 !.s. iah Andrews Driver for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-SA Ordinance %73-15, passed 5/15/73 Willie Ruth McGrad¥ Server for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-SA Ordinance %73-15, passed 5/15/73 B~rker..Uniforms~ Inc. 150 pair Green Work Trousers Pa~ from General F~nd---001-195-519-30-97 Pay from Water & Sew.---401-395-539-30-97 $821.25 821.25 41,759.19 126.36 120.96 1,642.50 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Grady W. Swa%4n, Finance Director I therefore recommend payment of these bills. Peter L. Cheney, City Manager COUNCIL APPROVED:,