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Minutes 12-06-83MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, DECEMBER 6, 1983 PRESENT James R. Warnke, Mayor Carl Zimmerman, Vice Mayor Nick Cassandra, Councilman Joe deLong, Councilman Samuel L. Wright, Councilman Peter L. Cheney, City Manager Suzanne M. Kruse, Deputy City Clerk William P. Doney, Assistant City Attorney Mayor Warnke called the meeting to order at 7:30 P. M. and gave the invocation, which was followed by the Pledge of Allegiance to the Flag'~led by Vice Mayor Carl Zimmerman. AGENDA APPROVAL Under "LEGAL, Other", Councilman deLong added one item, and he also added an item under "NEW BUSINESS". Under "PUBLIC AUDIENCE", City Manager Cheney deleted "A. Annual Civil Service Report - Chairman A1 Furia". Mr. Furia could not be here tonight but will be here on the 20th. Under "PUBLIC HEARING", City Manager Cheney added the M-1 Ordinance and explained it has been advertised and should have been on the Agenda. He added that it is on the Agenda for first reading. In response to the last Council meeting, City Manager Cheney added "2. Resolution concerning the VA hospital under "LEGAL, Resolutions", Councilman Cassandra added "E. Copies of Council's Agenda Package" under "ADMINISTRATIVE". Councilman deLong moved that the Agenda be approved with the additions, seconded by Councilman Wright. Motion carried 5-0. ANNOUNCEMENTS Proclamation - National Volunteer Blood Donor Month - January, 1984 Mayor Warnke read the Proclamation. Mayor Warnke announced that City Hall will be closed December 23rd and 26th for Christmas and January 2nd for New Year's. REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Thank You to Department of Transportation for trees and Ma~zzoni Fiarms for· plants (ReDor~ ~fr~om John Wi~d~ne~)~.. The Council had a memorandum from Kevin Hallahan, Urban Forester, regarding donations of trees. Mayor Warnke announced that Mazzoni Farms donated over 250 trees to the City. Councilman deLong moved, seconded by Councilman Wright, that a letter of thanks be sent to the Department of Transportation and also to Mazzoni Farms for their dona- tions. City Manager Cheney advised that the City received 176 from DOT, which the City dug out and brought back. He said this will be an addition to the City's nursery and will be a great held to the City in landscaping and beautifica- tion. A vote was taken on the motion, and the motion carried 5-0. Florida League of Cities Mayor Warnke announced that Councilman Wright has been appointed Vice Chairman of Intergovernmental Relations of the Florida League of Cities. Mangroves Mayor Warnke read a public notice put out by the Department of Army Corps. of Engineers about a permit application received by them that is in Ocean Ridge and extremely adja- cent to our area. William Wallace of Bill Wallace Ford a~plied for filling in ten acres of mangroves to construct 38 town home units. Mayor Warnke informed Councilman deLong that it would be immediately east of S. E. 7th Avenue in Boynton if it was extended to hit Ocean Ridge on the other side. Mayor Warnke thought it would be interesting to see if they permit that in regard to our own mangrove problems. Councilman deLong thought people along there should be alerted. Mayor Warnke alerted Mayor Shudlick of Ocean Ridge. MINUTES Regular City Council Meeting Minutes of November 15, 1983 Cguncilman Cassandra moved to accept the minutes as presented, seconded by Vice Mayor Zimmerman. Motion carried 5~0. CITY MANAGER"S REPORT Testing of Water Supply City Manager Chenev reported he has seen a lot about water supply, pesticides, and chemicals, and that this weekend the - 2 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 State is going to require that the City do additional testing for pesticides and chemicals. He assured everyone that the City does a lot of testing and is in the process of looking at all of these concerns (particularly those the Department of Environmental Regulations has relative to water supply). In a meeting or two. City Manager Cheney said he would give a comprehensive report as to what the City knOws about chemi- cals and pesticides in our water system, what we have the capacity to test, what we think we should be testin~ for, and will attempt to lay out a whole picture of this issue of testing our water supply. City Manager Cheney added that it is complicated and can be an expensive matter, if the Department of Environmental Regulations proceeds with what they are talking about, but is probably a very valuable issue to consider too. City Manager Cheney also called attention to the fact that West Palm Beach and Boynton Beach are the only two cities so far who have solved the THM problem (which causes cancer) that the City is involved with. Through the advice of Perry Cessna, Director of Utilities, the City got onto that six or eight months ago and solved the problem well ahead Of time. Bids on' Beach The City opened bids today for the beach renovation project. There were 15 bidders which ranged from a low bid of $1,139,000 to a high bid of $1,623,000. Four bids were very close in the $1,139,000 range, and four bids were in the $1,400,000 range. City Manager Cheney thought the bid for $1,139,000 would probably be the one that would be recommended to the Council to be awarded the bid at the next Council meeting. The next low bidder is $20,000 more. The bids were below what was budgeted for in the budget. In the process of preDarin~ and Dresentin~ the bid documents. City Manager Cheney said the City has been conservative in the amount of landscapin~ so they may be making suggestions towards improving the landscaDin~ and there are funds within the budget to do that. B~'aCh~ Dec'als A vear ago at this time (through the end of November), the C~ty sold 7,300 decals. This year, City Manager Chene¥ reported the City sold 5,700 decals. Construction~ of-Beach City Manager Cheney anticipated construction of the beach would begin by January 15th (hoQefull¥, earlier). For the - 3 - REGULAR CITY COUNCIL MEETING BOYNTONBEACH, FLORIDA DECEMBER 6, 1983 coming six to nine months, City Manager Chene¥ said it will be a confusing situation but it will be done by next season. Councilman deLong believed the general obligation loan was $1,750,000 and asked what the disposition of the money between the low bid and the amount of money received by the City, which is in the bank. would be. City Manager Chene¥ answered that the low bid is $1,139,000, but we also have design costs, permit fees, and thin~s of that nature. Beyond that, there is a limit. Councilman deLong looked at something this afternoon that showed a surplus of $500,000 and was concerned with what they would do with that surplus. He asked if the¥ have an open-end bond issue where they could Day off ahead. City Manager Chene¥ replied that what they do with that money would ultimately be the decision of the City Council. City Manager Chene¥ said four issues are involved: Does the City want to spend additional money at the beach above what was designed for in the budget? City Manager Chene¥ said the¥ would discuss this at the next meeting. e Some of that additional money is, obviously, for the design fee. City Manager Chene¥ has to review the Bond Resolution to see if the Bond Resolution says anything specific about that. e If the City has some flexibility, it may be the Council will want to consider allocating some of those bond funds to other recreation projects, i.e. Boat RamD Park. As the City has some funds there, Cit¥ Manager Chene¥ thought it might be wise to consider the possible Dur- chase of the frontage land on Federal Highway between Boat Ramp Park and the Federal Highway. City Manager Chene¥ said he would get back to the Council on this, but what the¥ do with it would be uD to the Council. PUBLIC AUDIENCE Mayor Warnke announced that any citizen who wished to speak on any item not on the agenda may come forward and do so at this time. He added if anyone wished to speak on an item that is on the a~enda to please give their name to the DeDut¥ C~t¥ Clerk. and they will be called uDon at that time. - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Light at 22nd Avenue and Seacrest Mrs. Henrietta Solomon, 230 N. E, 26th Avenue, Boynton Beach, told of a car being comDletel¥ totaled and a woman from Village Royale on the Green being very badly injured and almost killed at 22nd Avenue and Seacrest. She spoke of increased traffic caused by Motorola, The Crossings, and development on the west side of Congress Avenue and the danger of crossing over on Seacrest and 22nd Avenue. Mrs. Solomon asked for a steady light and not a blinker light there. Councilman deLong advised that it is a County road and moved that the City Manager contact the County Engineering DeDartment to say that this City Council is demanding a light at that intersection because it has become so dangerous. Councilman Wright agreed that it is very dangerous there and seconded the motion. Councilman Cassandra referred to a light on U. S. 1 and wanted to know what the City could do if the above plan did not work. There was discussion that it would take money, and Councilman deLong reiterated that it is a County road. City Manager Cheney stated he would write a letter and urge the County again. It may be an increase in traffic will 9ustif¥ the installation of a Dermanent signal. Councilman Wright suggested a cody of City Manager Chene¥'s letter be sent to the officials of Motorola and that maybe they could get The Crossings and others to make an aDDeal to the County Commissioners. Councilman Wright said he would talk to the people at The Crossings. A vote was taken on the motion, and the motion carried 5-0. Sewer Fees Mrs. Charles Van Deursen, 628 S. W. 2nd Avenue, Boynton Beach, asked the Council to override their payment of the fee for the City sewer. They bought their house 6-1/2 years ago, and the realtor had the house listed as being hooked up to the city sewer. Mrs. Van Deursen has been paying a monthly bill for 6-1/2 years and through her own discovery found out they have not been on the sewer line. They have a septic tank. Now Mrs. Van Deursen said they are bein~ told they have to DaY an additional $250 to hook uD to the City's sewer, and she felt they should not have to DaY this. Because of a variety of moratoriums and other events in the past, City Manager Cheney said there are some houses that - 5 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 are not hooked up to the sewer system. The City knows about some of them and periodically, they find some that they did not know about. Two or three of these matters have come to the Council in the past four or five years. The last time the Council discussed this, City Manager Cheney said they proDosed that a person who had not been hooked up and was ready to hook uD because of a septic tank problem Day the then goinq hook up fee. The Council said at that time that anybody should have another year to hook up and pay the $250, which had been the old fee. The people who the City knew at that time were given from that point on another year for $250. Those people the City did not know about, City Manager Cheney interpreted the CounCil's decision to say that anybody has another year to hook up from the time they knew about it, or from the time of the Council's last decision to do it, at $250. The City has been consistently applying that situation Because of a septic tank problem, Mrs. Van Deursen discovered they were not hooked up, and City Manager Cheney told her it was $250 to hook up plus her own plumbing costs. It has been a policy of the City to charqe everybody a sewer fee whether they are hooked up or not because, leqally, if you are within 100 feet of a sewer line, you are supposed to be hooked up. Mrs. Van Deursen has a three bedroom house and if she would hook up right now, City Manaqer Cheney said it would cost her around $500 under the new facility charge. City Manager Cheney asked if the Council wanted to stick by the above policy ($250 to hook up) or because Mrs. Van Deursen, the real estate aqent, and the City did not know it. let her hook up with no charge although she would still have to pay a plumber. If the Council decided to do that, City Manager Cheney assumed that would apply to everybody else's situation in the future. Also, some DeoDle may come back wanting to get their $250 back. This has been an onqoin~ issue before City Manager Cheney came to the City, and he could not tell Vice Mayor Zimmerman how many are not hooked up. He guessed there must be 50 or 60 that had to hook up when their seDtic tanks died. Those the City has written to, City Manager Cheney assumed would Day the full price. Councilman Cassandra determined that if Mrs. Van Deursen knew about it 6-1/2 years aqo, it would have been $250, but she has been paying sewer rates of roughly about $800 over the 6-1/2 years. Mrs. Van Deursen added that she was told she could be fined for this. - 6 - {EGULAR CITY COUNCIL MEETING 3OYNTON BEACH, FLORIDA DECEMBER 6, 1983 ~here was discussion about sewer fees and who pays. ~ouncilman Cassandra thought those people who did not know should be considered on their own merits. Councilman deLong moved to waive the $250 hook up charge, seconded by Councilman Cassandra. City Manager Chene¥ advised that the law says it is a person's responsibility to be hooked up and she could be fined° There was no doubt about what Mrs. Van Deursen said. City Manager Chene¥ asked what the Council wanted to do and advised they were amending their past policies to people. Councilman Cassandra wanted to make a special consideration for this case. There was more discussion as to how many previous cases there had been. Councilman deLong asked for a roll call vote on the motion, which Mavor Warnke reguested Mrs. Kruse to take, as follows: Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Councilman deLonq Councilman Wright Aye Aye Aye Ave Ave Motion carried 5-0. It was after 8:00 P. M., and Councilman Wright moved to change the regular order of business and take the Public Hearing, seconded by Vice Mavor Zimmerman. Motion carried 5-0. PUBLIC HEARING - 8:00 P. M. Mayor Warnke announced that the Public Hearing pertained to the M-1 Ordinance that would be read later in the meeting. He asked if anyone wished to speak Dertaininq to the Ordinance. Mr. Harold Werger, 719 N- W. 7th Court, Boynton Beach, was concerned about changes being made in the M-1 Ordinance and read from the newspapers the definitions that the C~t¥ wants to add. He particularly made mention of the truss plant, saying he lives in Laurel Hills, which abuts this industrial plant. Councilman deLong interjected this was specifically to protect the people in Laurel Hills and was done by distance. - 7 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Anything mentioned by Mr. Werger could not be placed where Laurel Hills is because they must be the proDer distance away. He asked Carmen Annunziato, City Planner, to clear this Councilman deLong said this was started by the people from Laurel Hills wantinq to be accommodated, which the Ordinance does. Mr. Annunziato affirmed that was correct. City Manager Cheney told Mr. Werger he could not understand the whole Ordinance by the summary title of the Ordinance in terms of the newspaper. The Ordinance is many pages lonq, has been available for over 3 or 4 months, and Mr. Werger would have to read the whole Ordinance to understand the implications and~the way Laurel Hills is beinq protected. He reminded Mr. Werger that Laurel Hills' Civic Association, chaired by a former Chairman of the Planninq and Zoning Board:, is very involved in every meeting where this Ordinance was discussed and totally understands and supports the Ordinance as an Ordinance that will protect Laurel Hills. Mr. Annunziato exDlained that the reason for the expansion of the definitions was Dart of the problem the City had with regulation. The problem they had with regulation was to define exactly what the use is. By defining it, Mr. Annunziato said it could then be regulated. Mayor Warnke asked if anyone in the audience wished to speak in favor of the proposed Ordinance. Mr. Stormet Norem appeared on behalf of the Greater Boynton Beach Chamber of Commerce and stated that the Chamber took a favorable position, supported the Council's recommendation, and movinq ahead with the Ordinance. Mr. Robert B. Nutter, Architectural Craftsman, 111 S. W. 8th Avenue, Boynton Beach, has been here since 1970, and his father has been here since 1956. They have been in the cabinet business in this town since then. Mr. Nutter just saw the Ordinance in the paper over the weekend and was worried because he is contemDlating a development in the area near Laurel Hills. He wanted to know if this would render that land absolutely useless for anything except pasture land. If it does. it will ruin a beautiful piece of property his father has had on East Industrial Avenue since 1956. Laurel Hills had only 4 or 5 houses at that time. Mr. Nutter informed the Council that area has been industrially zoned ever since he could remember. There is not much of it left in the City of Boynton and Mr. Nutter said the City has to do something about not shuttinq the business man out. Mr. Nutter told the Council cabinet making, furniture makinq, etc. are not a nuisance type thinq. - 8 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH. FLORIDA DECEMBER 6, 1983 As mentioned before, Mayor Warnke reminded Mr. Nutter that the Ordinance is thick and has been gone over in public hear- ings, Planning and Zoning Board etc. It ended up in favor of the residences but helped the businesses establish what they can under the distance regulations. Councilman deLong referred to Commerce Industrial Park off east Congress Avenue, on both sides of 22nd Avenue, which the Council is to approve. City Manager Cheney said he will send a copy of the M-1 Ordinance to Mr. Nutter so he can read it. He added that Mr. Nutter can also talk to Carmen Annunziato, City Planner, about the Ordinance and thought Mr. Nutter would be convinced the Ordinance will not damage opportunities for a cabinet business. Mayor Warnke asked if anyone else~ wished to speak in favor There was no response. THE P~BLIC HEARING WAs CLOSED, Vice Mayor Zimmerman moved~- seconded by Councilman Wright, to revert to the regular order of business. Motion carried 5-0. PUBLIC AUDIENCE Mayor Warnke asked if anyone else wished t° speak. was no response. There THE PUBLIC AUDIENCE WAS CLOSED. Mayor Warnke recognized the presence of Dennis Koehler, County Commissioner, and Mark Foley, Commissioner from the City of Lake Worth. CONSENT AGENDA Bids Selling one (1) Caterpillar, Model 977L Traxcavator, year 1974, Serial No. 11K6290 in an "as is" condition. Public Works The Tabulation Committee recommended awarding the bid to Robert F. Gooding, West Palm Beach, in the amount of $11,400. Six Month Period for Various Custodial Supplies - Build- ing Maintenance - 9 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 The Tabulation Committee recommended awarding the bid to various vendors as indicated on their tabulation sheet. 3. Various Golf Course Lawn'EguiDment - Golf Course The Tabulation Committee recommended awarding the bid to various vendors in accordance with the memorandum dated November 29, 1983 from Bill Kriegel, Golf Course Superin- tendent, to Joe Sciortino, Golf Course Manager. Request for Zoning A~Droval for Alcoholic Beverage License - polD-hin~ Bar~,~ T~nc.~~ l15.~s.. Feder~al. Hiqh~ay, Boynton Beach Bert Keehr, Deputy Building Official, noted that zoning at the above location permits the sale of beer and wine, consumption on premises and package sales. Approve request for use of one (1) sales trailer - Stone- haven located on Congress Avenue The sales trailer would remain at Stonehaven for the dura- tion of this project, and the Building Department recommended approval. Approve reguest for use of one construction and one office trailer - Boynton Commerce Center, located at 1700 Corporate Drive Said trailers will remain for the duration of the project, and the Building Department recommended approval of these trailers. Approve request for use of one construction trailer - single family house & a duplex townhouse located on Lots 7 & 8, Seaway Terrace Edgar Howell, Building Official, noted in his memorandum that the trailer should remain on site until March 30, 1984. Approve Change Order No. 7, 8 & 9 - Myre Fairway Golf Course City Manager Cheney, in his letter of December 6, recommended the City Council confirm these Change Orders, which total $40,630.64, and are included in the payment of $70,884.87 to Mvre Fairway on the list of Approval of Bills. Approve Change Order No. 2 - Alsay-Pippin Contract - Wells 17 through 22 - R & A 626-681-60-3 City Manager Cheney recommended in his letter of December 6 that this Change Order be approved. The Approval of Bills includes a payment of $67,342.06 to Alsay-Pippin. - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Approve Change Order No. 1 - Solo Construction Company - San-~Castle/~St~. Amdrews- p.a~t~C · ~ In his letter of December 6, City Manager Cheney advised the proposed change increases the six inch force main to eight inches. The increased cost is being paid by the owner of the vacant land north of' the Cemetery and the City has received the amount involved in the Chanqe Order. The Chanqe Order does not require expenditure of City Utility Funds, and City Manaqer Chene¥ recommended it be paid. Authorize Russell & Axon Engineering Services Water Main Extension- Countr¥ClubTrail- Shopping Center In his letter of December 6, City Manager Cheney advised the funds for engineering services for this project have been deposited with the City by the developer and the construc- tion funds will be deposited with the City prior to authorizing construction. Authorize Russell & Axon Engineering Services - Palm Chase Sewer Service ...................... City Manager Chene¥, in his letter of December 6, 1983, said this will be paid for by the developer and the design funds have been deposited with the City. Construction funds will be deposited with the City prior to awarding the contract for construction. Correct Error in Contr.act Amou~nt- EPA Project No. C120496024 In his memorandum of December 6, 1983, City Manager Cheney recommended that the City Council correct, in the Minutes, an error in the Contract Amount for the above captioned project for the Pump Station and Force Main for San Castle/ St. Andrews, Part D. The amount of the award should be $67,862.16 instead of $67,962.16. AD'pr_ .... ove 'Johnson-Davis Bill - $.7,859.91 - Emergency Repair City Manaqer Chenev, in his memo of December 6, stated that this was for a deteriorated sanitary sewer manhole that suddenly sprang a leak. Award Aguatic Weed Control Contract - Joyce Environmental Consultants, Inc. City Staff felt this Agreement has resulted in a positive canal maintenance program and recommended it be extended. - 11 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Approval of payment of City contribution to NE 10th Avenue project -Community DevelOpment- City Staff recommended that $20,000 be again approved by the City Council. These funds will come from previously allo- cated budget funds for N. E. 10th Avenue, which have been held in reserve for this project. ~pDroval of Bills See list attached. Councilman deLonG moved to approve the Consent AGenda, seconded by Councilman WriGht. Councilman Cassandra had a question regarding ChanGe Order No. 2 - Alsay-Pippin Contract - Wells 17 through 22 - R & A 626-681-60-3. On the new bid, he was disturbed about a 15% charge the City was charged with as far as markup. Council- man Cassandra read from the letter of Alsay - Pippin Corporation to Russell & Axon, dated October 17, 1983, that this 15% charge was to cover insurance, Social Security, pensions, unemployment, overhead, and handling charges. On an unnumbered page (Electron, Inc.'s statement), Councilman Cassandra told the Council it says "Material, C.C. Control @ $10,300.00 + 5% Sales Tax, and that number is correct." Councilman Cassandra questioned why we Day 15% on sales tax. which is $515~ and why there were 15%s on the bottom of the page. There was 15%, which was around $1500, and then there was another 15% on the total. Councilman Cassandra asked if there was one too many 15%s. James M. Suddarth, Professional Engineer, Southeast Florida Area Manager, Russell & Axon. explained that with regard to the first 15%, Electron Incorporated is the setup contractor to Alsay - Pippin, who is the well contractor. In other words, Electron is entitled to that money as a fair profit on their investment and their time spent putting "the thing in." In turn, Alsay - Pippin, acquiring the services of Electron on working with Russell & Axon, etc., had costs incurred in administering the work by their sub-contractor, and Mr. Suddarth thought they were entitled to a fair profit. Councilman Cassandra did not like that at all and asked Mr. Suddarth if he meant that $10,000 was costs. Mr. Suddarth said that was their right; that was their quote to the contractors. Councilman Cassandra again quoted from the statement, "Labor, 14 Hours @ $25.00 $350.00." He commented, "And they Got - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 paid for that." Councilman Cassandra again referred to the $10,300 and asked Mr. Suddarth if they made zero profit on that. Mr. Suddarth replied those were the figures given to them by Alsay - PipDin, based on a quote given them by Electron. They evaluated it, made some tests with C. C. Control as far as their equipment costs and supply costs to Electron, and agreed. City Manager Cheney advised there was no profit in the cost of materials except to the company that sold the materials. Mr. Suddarth added that C. C. Control made some money when they sold the equipment to Electron. City Manager Cheney said the 15% which Councilman Cassandra said they tacked onto there was Electron's profit. Councilman Cassandra noted that Alsay - PipDin was "tacking" their 15% onto total numbers each time. City Manager Chene¥ said that was right, and informed Councilman Cassandra that every supplier and every subcontractor in our system expects a profit. Councilman Cassandra did not know if it could be changed but said he wants to find out, as he did not accept paying 15% on 5% sales tax. If the Counlcil makes the ruling that they will not pay 15% on the total bill, City Manager Cheney said the chances are the sub-contr~actors will charge 16% profit on the total bill minus sales tax, so it would be the same thing. He thought Councilman, Cassandra would find in this industry that is the standard markup. Vice Mayor Zimmerman was informed that Country Club Trail Shopping Center is on the N. E. corner of Boynton Beach Boulevard and Military Trail, across from K-Mart and is being paid for by the developer. Under ADproval of Bills, Mayor Warnke referred to the shellrock for the Pistol Range and noted that the whole thing is filled up with dirt that was hauled in there. City Manager Cheney said the shellrock is being bought to keep the access road open. They are continuing to buy fill and are continuing to negotiate with adjacent proDerty owners for alternate access and are continuing to find a way to be sure they have insurance to protect adjacent proDerty owners when the City accesses over their property. City Manager Cheney hoped adjacent property owners would dedicate a right-of-wav~ which will solve the insurance and access problems. In the meantime, if someone has excess fill they will sell for around $1.00 to $1.25 a yard delivered. City Manager Chene¥ said the City is buying it. The City has to buy all the fill it can get to build protective mounds around the Pistol Range. - 13 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 A vote was taken on the motion to approve the Consent Agenda. Motion carried 5-0. DEVELOPMENT PLANS Approve Request for Excavation and Fill Permit - Stonehaven PUD ....... Councilman deLong moved to approve the request, as recommended by the City Engineer, based on fulfillment of the provisions specified in the City Engineer's memo to the City Manager dated November 21, 1983. Councilman Cassandra seconded the motion. It seemed to Vice Mayor Zimmerman that anything coming through the City offices was called "Stonehaven." Everything in the newspaper and elsewhere seems to be called another name, which is confusing to people. Mr. Carmen Annunziato, City Planner, understood what Vice Mayor Zimmerman was referring to and requested Frederick Roth, Jr., Professional Engineer, Satter Architectural & EnGineering Group, Inc., to come forward. Mr. Annunziato said the City will be receiving a letter requesting a name change for filing purposes. Mr. Roth clarified that they are looking to change the name of the multi-family area and possibly the single family areas to Banyan Creek. Vice Mayor Zimmerman noticed that the Plannin~ and Zoning Board recommended a~ainst the use of the word "Meadows". Mr. Roth said they were going to ~o with "Boynton Meadows" but there was too much confusion with other projects with a similar name, and the plat that will ~o to the Planning and Zoning Board at their next meet- ing and the Council after that will be called and recorded as Stonehaven PUD. T~ere will not be a chan~e in that at least through the preliminary Dlattin~ phase and probably through the final plat. A vote was taken on the motion, and the motion carried 5-0. LEGAL Ordin.ances - 2nd..Readi.ng PUBLi.C HE.ARING Proposed Ordinance No. 83-40 Re: Placing a moratorium on the issuance of building permits, subdivision plats, master plans, planned unit developments ~nd rezonings in the · ~-siglnated COmmuni~ty-.RedevetoDment. A~ea~.~~ ~.~..~ .... <.. prop©sed Ordinance No. 83~40 .on'seC'Ohd g bY title~only: DECEMBER 6, 1983 "AN ORDINANCE OF THE CITY OF BOYNTON BEACH~ FLORIDA, DECLARING A TEMPORARY MORATORIUM UPON APPLICATION FOR AND ISSUANCE OF BUILDING PERMITS FOR THE CON- STRUCTION OR ALTERATION OF BUILDINGS AND STRUCTURES WITHIN THE DOWNTOWN BUSINESS DISTRICT OF THE CITY, AS DESCRIBED MORE PARTICULARLY HEREIN; MAKING LEGISLATIVE FINDINGS OF FACT; DECLARING LEGISLATIVE INTENT AND PURPOSE; PROVIDING DEFINITIONS; DECLARING A MORATORIUM ON APPLICATIONS FOR AND APPROVALS OF SUBDIVISION PLATS, RE-PLATTING OF FORMERLY PLATTED PROPERTY AND PLANNED UNIT DEVELOPMENTS WITHIN THE DOWNTOWN BUSINESS DISTRICT: DECLARING A MORATORIUM ON PETITIONS FOR ZONING AND REZONING OF PROPERTY WITHIN THE DOWNTOWN BUSINESS DISTRICT; DECLARING CERTAIN EXCEPTIONS; PROVIDING FOR THE PROCESSING. HEARING AND ADMINISTRATIVE DISPOSITION OF ALL PENDING APPLICATIONS AND PETITIONS AFFECTED HEREBY; PROVIDING FOR VARIANCES; ESTABLISHING THE BOYNTON BEACH PLANNING AND ZONING BOARD AS A SPECIAL VARIANCE BOARD WITH ADVISORY POWERS ONLY; ESTABLISHING A PROCEDURE FOR VARIANCE APPLICATIONS AND THE CRITERIA UNDER WHICH VARIANCES MAY BE UPON VARIOUS APPLICATIONS; PROVIDING FOR PURPOSES." Mayor Warnke asked if anyone wished to speak in favor of ProPosed Ordinance No. 83-40. Mr. Stormet Norem, on behalf of the Greater Boynton Beach Chamber of Commerce, stated that only prudent judqment dictated that this moratorium concept be placed until the plan can be reviewed and passed by the Council. The Chamber of Council was very much in favor of the moratorium as a temporary measure. Hank Thompson, Chairman of the Community Redevelopment Agency, told the Council that the Aqency unanimously endorsed the moratorium. Mayor Warnke asked if anyone wished to speak in opposition to the proposed Ordinance. There was no response. THE PUBLIC HEARING AS TO PROPOSED ORDINANCE NO. 83-40 WAS CLOSED. Councilman deLonq moved the adoption of proposed Ordinance No. 83-40 on second reading, seconded by Councilman Cassandra. - 15 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Councilman Wright asked how long they could have the moratorium. Councilman Cassandra replied 180 days after the acceptance of the Downtown Development. Attorney Doney advised it could be extended but it would have to come back to the Council. Mrs. Kruse took a roll call vote, as follows: Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Councilman Wright Mayor Warnke Ave Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 83-41 Re: Establishing a Redevelop- ment Trust Fund and authorizing Tax. Increment Financing Attorney Done¥ read proposed Ordinance No. 83-41 on second reading, bv title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH ESTABLISH- ING A REDEVELOPMENT TRUST FUND PURSUANT TO SECTION 163.387, FLORIDA STATUTES (1983); ALLOCATING THE FUNDS APPROPRIATED THERETO TO FINANCE OR REFINANCE THE COMMUNITY REDEVELOPMENT PLAN FOR DOWNTOWN BOYNTON BEACH; APPROPRIATING A 'TAX INCREMENT' TO SAID TRUST FUND; DELEGATING TO THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AUTHORITY TO ADMINISTER SAID FUNDS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE." Mayor Warnke asked if anyone wished to speak in favor of proposed Ordinance No. 83-41. Mr. Stormet Norem, representing the Greater Boynton Beach Chamber of Commerce, told the Council-they had a wonderful opportunity to take a last minute advantage of implementing the Tax Increment Financing and getting a full year's bene- fit out of it. By delaying it any longer, Mr. Norem warned the Council they will skip it for a full year, and he did not think the Community Redevelopment Agency was in a position to deal with that. The Chamber of Commerce strongly urged the Council to go forward with this as soon as possible. Hank Thompson, Chairman of the Community Redevelopment Agency, said the Agency was relying upon this method of Tax Increment Financing for the community redevelopment funds. Of course, Chairman Thompson said the Agency urgently speaks in favor of the Ordinance. - 16 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Mayor Warnke asked if anyone in the audience was aqainst proDosed Ordinance No. 83-41. There was no response. THE PUBLIC HEARING AS TO PROPOSED ORDINANCE NO. 83-41 WAS CLOSED. Councilman Cassandra stated that throuqh the years he has been a stron~ advocater of controlled expenditures in the use of taxpayers' dollars. In the past years, many political candidates stated they were in favor of downtown development provided we do not use tax dollars. Because Tax Increment is the use of tax dollars, Councilman Cassandra had some concerns and reservations. Councilman Cassandra continued that it is the City Manager's and City Attorney's opinion that Tax Increment Financinq is sound and is the direction the Council should follow, as stated in their memo of November 15, 1983, and is the feel- inq it will rub off on our business community, as well as ~rivate investors. If the business community or investors are goinq to invest into downtown. Councilman Cassandra commented they are probably evaluatinq their return on their dollars. He commented the City should also evaluate its return on Tax Increment Financing and said the return is that downtown assessments will go up and, therefore, our tax base will qo up and the citizens of Boynton Beach will qet the advantaqe of an increase in their General Revenue Fund which they hope will keep their tax increases low. For every $1,000,000 increase in assessment over the 1983 base, Councilman Cassandra advised the City will get $6,000 plus some County monies. The County monies will be for the duration of the tax increment conceDt. Of course, the amount the City qets will depend on the millaqe rate year by year- Councilman Cassandra stated the City would not get this money until the downtown development is completed, which could be up to 20 years, provided the Community Redevelopment Aqenc¥ does not have any outstanding debts. Before he would look favorably uDon Tax Increment Financing, Councilman Cassandra wanted to know what the Community Redevelopment Agency's final recommendations were. Before apDrovin~ the use of tax dollars by any autonomous body, Councilman Cassandra wanted to know how they are goin~ to spend that money. - 17 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 To date the Council has not approved Phase I of downtown redevelopment, and Councilman Cassandra felt this was an important step that should be done first before tax increment is considered. Because of Urban Desiqn's summary of qoals and objectives, Councilman Cassandra made this recommenda- tion. He noted there are many items in the report that he is in disaqreement with. If the City cannot touch the wetlands, Councilman Cassandra asked what would happen to the waterway concept, and he questioned whether there was an alternate concept. Councilman Cassandra pointed out that Urban Design and the CRA are aware that the City has a height restriction. Yet they are recommending that the City have a 7 to 10 floor hotel. Councilman Cassandra wondered how legal that is and if the City can refuse anyone else. Councilman Cassandra stated all items recommended by the CRA must be discussed and clarified before he would recommend the release of the taxpayers' purse strinqs. Councilman deLonq could not see any harm in laying the ques- tion on the table and letting some of the questions be answered that have been asked by the Council. He advised that in order to qet approval on the heiqht of the hotel they are supposed to put there, it would have to be by referendum of the voters of the City. Councilman deLong moved to lay the item on the table and to have them come back and supply the answers to the questions put to them by Councilman Cassandra. It should not be a delay for more than one meeting. Councilman Cassandra seconded the motion. Chairman Thompson wished to respond to Councilman Cassandra. He read a letter he had written to the Council in which he resiqned both as Chairman and as an appointed member of the Aqency. Councilman Cassandra explained he wanted to see what we have, discuss it, let the direction be proper, and then discuss Tax Increment Financing. Chairman Thompson said the A~ency had meetings and seminars on Tax Increment Financing so everyone could attend and understand it. There was more discussion. Councilman deLonq asked Chairman Thompson to retract his resiqnation. - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Councilman Wright asked if there was a time frame. City Manager Cheney advised it has to be approved by the Mayor and City Council this calendar year, which Councilman Cassandra determined to be December 20. City Manager Cheney informed Councilman deLong that the City allocated $60,000 to the Community Redevelopment Agency in funds appropriated through September 30, 1983. About $50,000 of that $60,000 has been committed (some of that yet to be paid). That is the first $60,000 and is not for anything in 1983 or 1984 but is through 1981/1982 and 1982/1983. Councilman Cassandra asked Mr. Samuel Scheiner, Member of the CRA, if the Community Redevelopment Agency would submit a final plan to the Council by December 20 Mr. Scheiner replied in the negative. ' At the request of Mayor Warnke, Mrs. Kruse took a roll call vote, as follows: Councilman Cassandra Councilman deLonq Councilman Wright Mayor Warnke Vice Mayor Zimmerman Motion carried 5-0. Aye Aye Aye Aye Aye Councilman Wright expressed that he would not be in favor of accepting Chairman Thompson,s resignation. Proposed Ordinance No. 83-42 Re: Amendment to Police Officers, Retirement Trust Fund Ordinance Attorney Doney read proposed Ordinance 83-42 on second reading only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18, PENSIONS AND RETIREMENT, ARTICLE III. PENSIONS FOR POLICE OFFICERS, SECTION 18-166. INVESTMENTS. TO .~END SAID SECTION TO REDUCE THE MAXIMUM PERCENTAGE OF FUND ASSETS TO BE INVESTED IN BONDS FROM SEVENTY (70%) PER CENT TO SIXTY-FIVE (65%) PER CENT AND FURTHER AMENDING SAID SECTION TO INCREASE THE MAXI- MUM PERCENTAGE OF FUND ASSETS INVESTED IN COMMON OR CAPITAL STOCK FROM THIRTY (30%) PER CENT TO FORTY-FIVE (45%) PER CENT OF THE FUND ASSETS; PRO- VIDING A SEVERABILITY CLAUSE, A CONFLICTS CLAUSE, - 19 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 AUTORITY TO CODIFY, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES~" Mayor Warnke asked if anyone wished to sDeak in favor of proDosed Ordinance No. 83-42. There was no resDonse. He asked if anyone was opposed to said Ordinance. There was no response. THE PUBLIC HEARING AS TO PROPOSED ORDINANCE NO. 83-42 WAS CLOSED. Councilman deLong moved the adoption of proposed Ordinance No. 83-42 on second and final reading, seconded by Vice Mayor Zimmerman. A roll call vote was taken on the motion by Mrs. Kruse: Councilman deLOnq Councilman Wright Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Ave Aye Aye Aye Aye Motion carried 5-.0. Proposed Ordinance No. 83-43 Re: Adopting Standard Building Code, 1982 'Edition Attorney Done¥ read proDosed Ordinance No. 83-43 on second reading, by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5, BUILDING CODE, SECTION 5-3 ADOPTION OF THE STANDARD BUILDING CODE BY ADOPTING THE STANDARD BUILDING CODE, 1982 EDITION, TOGETHER WITH UNIFORM MINIMUM PALM BEACH COUNTYWIDE AMENDMENTS AS RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY AS AMENDED; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AUTHORITY TO CODIFY; AND EFFECTIVE DATE AND FOR OTHER PURPOSES." Mayor Warnke asked if anyone wished to speak in favor of DroDosed Ordinance No. 83-43. There was no response. He asked if anvone wanted to sDeak against the proposed Ordi- nance. There was no response. THE PUBLIC HEARING AS TO PROPOSED ORDINANE NO. 83-43 WAS CLOSED. Councilman deLong moved the adoDtion of proposed Ordinance No. 83-43 on second and final reading, seconded by Council- man Cassandra. - 20 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Mrs. Kruse took a roll call vote on the motion: Councilman Wright Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Aye Ave Ave Ave Ave Motion carried 5-0. ProDosed Ordinance No. 83-44 Code, 1982 Edition Re: Adopting Standard Plumbing A~torne¥ Done¥ read DroDosed Ordinance No. 83-44 on second and final reading, by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5, BUILDING CODE, SECTION 5-28, ADOPTION OF THE STANDARD PLUMBING CODE BY ADOPTING THE STANDARD PLUMBING CODE, 1982 EDITION, TOGETHER WITH UNIFORM MINIMUM PALM BEACH COUNTYWIDE AMENDMENTS AS RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY AS AMENDED; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AUTHORITY TO CODIFY: AND EFFECTIVE DATE AND FOR OTHER PURPOSES." Mayor Warnke asked if anyone wished to speak in favor of proposed Ordinance No. 83-44 or against it and heard no resDonses. THE PUBLIC HEARING AS TO PROPOSED ORDINANCE NO. 83-44 WAS CLOSED. Councilman deLong moved the adoption of proposed Ordinance No. 83-44 on second and final reading, seconded by Vice Mauor Zimmerman. A roll call vote was taken by Mrs. Kruse: Mavor Warnke Vice Mavor Zimmerman Councilman Cassandra Councilman deLong Councilman Wright Ave Aye Aye Aye Aye Motion carried 5-0. ProDosed Ordinance No. 83-45 Re: AdoDting Standard Mechani- cal Code and Gas Code, 1982 Edition - 21 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Attorney Doney read DroDosed Ordinance No. 83-45 on second and final reading, by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5, BUILDING CODE, SECTION 5-70 ADOPTION OF THE STANDARD MECHANICAL CODE AND GAS CODE, 1982 EDITION, TOGETHER WITH UNIFORM MINIMUM PALM BEACH COUNTYWIDE AMENDMENTS AS RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY AS AMENDED; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AUTHORITY TO CODIFY; AND EFFECTIVE DATE AND FOR OTHER PURPOSES." Mayor Warnke asked if anyone wished to speak in favor of proposed Ordinance No. 83-45. There was no response. He asked if anyone wished to speak in oDposition to said Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED AS TO PROPOSED ORDINANCE NO. 83-45. Councilman deLong moved the adoption of proposed Ordinance No. 83-45 on second and final readinq, seconded by Council- man Wriqht. A roll call vote on the motion was taken by Mrs. Kruse: Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Councilman Wriqht Mayor Warnke Aye Aye Aye Ave Ave Motion carried 5-0. Ordinances- lst-Readinq Proposed Ordinance No. 83-39 Re: Amendment to Firemen's 'Pension Ordinance . . .... ~.. ~. . - ...... · ................. ~ ..TABLED Councilman deLonq moved to remove the question from the table, seconded by Vice Mayor Zimmerman. Motion carried 5-0. Mayor Warnke informed everyone this was originally tabled because they were not sure of the division of the bonds and common stock split in the pension fund. Minutes of September 27, 1983 for the Firemen's Pension Fund went on record as suqqestinq 50-50 per cent in the motion which carried 5-0, as suqqested by their Financial Advisor. - 22 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Since the Ordinance had a number, Mayor Warnke questioned whether this was the first readinq. City Manager Chene¥ exDlained that the Ordinance had a number because the Council gave it a number and then tabled it because they had questions, and the number remains. There was discussion as to the reading of the Ordinance, and Attorney Doney advised they had not read the first reading. He advised they have the first readinq, advertise, and go forward. Attorney Doney read proposed Ordinance No. 83-39 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CODE OF ORDI- NANCES, CITY OF BOYNTON BEACH, FLORIDA, CHAPTER 18. PENSIONS AND RETIREMENT, ARTICLE IV. PENSIONS FOR FIREMEN, SECTION 18-181, TO PERMIT THE AGGREGATE INVESTMENT OF FUND ASSETS IN COMMON STOCK OR CAPITAL STOCK SO AS NOT AT COST TO EXCEED FIFTY (50%) PER CENT OF THE FUND'S ASSETS RATHER THAN THE PRESENT LIMITATION OF NOT EXCEEDING THIRTY (30%) PER CENT OF THE FUND ASSETS; PROVIDING A CONFLICTS CLAUSE. A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY; PRO- VIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance No. 83-39 on first reading only, seconded by Councilman Cassandra. A roll call vote on the motion was taken by Mrs. Kruse: Councilman Cassandra Councilman deLong Councilman Wright Mayor Warnke Vice Mayor Zimmerman Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 83-47 Melear Property .......... Re: Amend Land Use Element - Attorney Doney read proposed Ordinance No. 83-47 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY, BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY - 23 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY MEDIUM-MEDIUM HIGH DENSITY TO BOYNTON BEACH MODERATE DENSITY RESIDENTIAL; PROVIDING FOR A SAVINGS CLAUSE; REPEAL- ING PROVISION; AND EFFECTIVE DATE; AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance No. 83-47 on first readinq only, seconded by Vice Mayor Zimmerman. Mrs. Kruse took a roll call vote on the motion as follows: Councilman deLonq Councilman Wriqht Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Aye Aye Nay Aye Aye Motion carried 4-1 with Mayor Warnke votinq aqainst the motion. ?~_oposed Ordinance No. 83-48 Re: ..~ezone - Melear property Attorney Done¥ read b¥ title only, on first readinq, proposed Ordinance No. 83-48: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY, BY ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED INTO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE AS PLANNED UNIT DEVELOPMENT WITH A LAND USE INTENSITY OF 4.00; PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS, AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Councilman deLonq moved the adOption of proposed Ordinance No. 83-48 on first readin~ only, seconded b¥ Vice Mayor Zimmerman. Mrs. Kruse took a roll call vote on the motion, as follows: Councilman Wright Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Councilman deLon~ Ave Nay Aye Ave Ave - 24 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA DECEMBER 6, 1983 Motion carried 4-1. Proposed Ordinance No. 83-38A Re: M-1 Liqht Industrial Zoninq -.~ Attorney Done¥ read proposed Ordinance No. 83-38A, by title only, on first reading: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A-ZONING CODE. OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA, BY AMENDING SECTION 1. DEFINITION OF TERMS. TO ADD THE FOLLOWING DEFINITIONS: BULK STORAGE, SALE. OR DISTRIBUTION; FABRICATION; FURNITURE MANUFACTURING; LUMBER STORES AND LUMBER YARDS; MILLWORK; ON PREMISES; RETAIL; SALE OF GOODS; WHOLESALE; dBA: TRUCKING, TRANSFER, OR MOVING OPERATION; AND TRUCKS, BUSSES, FARM EQUIPMENT, OR FARM MACHINERY - STORAGE, PARKING, SALE, RENTAL OR LEASING; BY AMENDING SECTION 4. GENERAL PROVISIONS. OF APPENDIX A-ZONING CODE TO ADD A NEW SUBSECTION M. PERFORMANCE STANDARDS FOR ALL USES LOCATED WITHIN THE CITY; BY AMENDING SECTION 8. M-1 INDUSTRIAL DISTRICT REGULATIONS AND USE PROVISIONS BY REPEALING SUBSECTION A (1). USES PERMITTED. AND (2). USES PROHIBITED AND BY ADDING A NEW SUBSECTION A. (1) PERMITTED USES - NO DISTANCE REQUIREMENT., BY ADDING A NEW SUBSECTION A. (2) PERMITTED USES - SUBJECT TO DISTANCE REQUIREMENT, BY ADDING A NEW SUBSECTION A. (3) USES REQUIRING ENVIRONMENTAL REVIEW PERMIT., BY ADDING A NEW SUBSECTION A. (4) CONDITIONAL USES., BY ADDING A NEW SUBSECTION A. (5) PROHIBITED USES., BY RENUMBERING FORMER SUBSECTION A. (3) BUILDING AND SITE REGULATIONS TO SUBSE(ITION A. (6) BUILDING AND SITE REGULATIONS, AND BY RENUMBERING SUBSECTION A. (4) OFF-STREET PARKING. TO SUBSECTION A. (7) OFF-STREET PARKING; AMENDING SECTION 11.1. NONCONFORMING USES AND STRUCTURES. OF APPENDIX A-ZONING CODE BY ADDING A NEW SUBSECTION I. STATUS OF EXISTING USES REQUIRING ENVIRONMENTAL REVIEW-PERMITS; AMENDING APPENDIX A- ZONING CODE BY ADDING A NEW SECTION 11.3. ENVIRON- MENTAL REVIEW PERMITS SETTING FORTH THE SCOPE, INTENT AND PURPOSE. PROCEDURES, AND FACTORS AND STANDARDS TO BE CONSIDERED BY ENVIRONMENTAL REVIEW COMMITTEE IN THE REVIEW OF PERMIT APPLICATIONS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE', AND PROVIDING AUTHORITY TO CODIFY;- PROVIDING AN EFFECTIVE DATE~ AND FOR OTHER PURPOSES." - 25 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Councilman deLonq moved the adoDtion of proposed Ordinance 83-38A on first readinq only, seconded by Councilman Wright. A roll call vote was taken on the motion by Mrs. Kruse: Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Councilman Wright Ave Ave Ave Ave Aye Motion carried 5-0. Proposed Ordinance No. 83-49 Re: Annexation of a 10.13 acre site-currently .developed --Lake Worth Christian School Attorney Doney read DroDosed Ordinance No. 83-49 by title only, on first reading only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNIN- CORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION VII, (NUMBER 32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA AND FLORIDA STATUTE 171.044; PRO- VIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE, AUTHORITY TO CODIFY; AND FOR OTHER PURPOSES." Councilman deLong moved the adoDtion of proDosed Ordinance No, 83-49 on first reading only, seconded by Councilman Wright. A roll call vote on the motion was taken by Mrs. Kruse: Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Councilman Wriqht Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. - 26 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Councilman Cassandra wished to comment on the Ordinance. At the Planning and Zoning Board Meeting, Councilman Cassandra said James Rhoden, Fire Chief, made a comment that the school was located Dast the optimum distance of fire deDartment resDonse. He asked if that meant if there was a fire, there would be a good chance they could not control the fire. Councilman deLong expressed that the City is happy to have Hiqh Ridqe Road cut through from 22nd Avenue. At the present time, the City has to go all the way to Hypoluxo Road and come back down to the City's property when the people have Police or Fire problems. Mayor Warnke advised that the road will be completed before the school is. Mr. Annunziato, City Planner, explained that the Fire Department has what they consider optimum response time. It does not mean that the City cannot respond to fires; it just means the Fire Department would like to get there a little sooner. P~rp.posed Ordinance No.-8.3--5.0 'Re:'~SQacel~i~nk C~abl~e~ TV Fr~anchi.se Attorney Doney read proposed Ordinance No. 83-50 on first reading, by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, GRANTING A NON-EXCLUSIVE LICENSE TO SPACELINK OF FLORIDA, LTD. TO OPERATE A COMMUNITY ANTENNA TELE- VISION SYSTEM WITHIN CERTAIN AREAS OF THE MUNICIPAL LIMITS OF THE CITY OF BOYNTON BEACH; PROVIDING THE TERMS OF SAID LICENSE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance No. 83-50 on first reading only, seconded by Councilman Wriqht. Mrs. Kruse took a roll call vote on the motiOn: Councilman Cassandra Councilman deLonq Councilman Wriqht Mayor Warnke Vice Mayor Zimmerman Aye Aye Aye Aye Ave Motion carried 5-0. - 27 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Proposed Ordinance No. 83-51 Re: Comply with House Bill 742 es.t~a~bli~s~hin~q uniform election~proce~du~;es ~and~ dazes ...... Attorney Doney read proposed Ordinance No. 83-51 by title only, on first reading: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CHARTER OF THE CITY TO COMPLY WITH THE PROVISIONS OF HOUSE BILL 742, ENACTED BY THE FLORIDA LEGISLATURE RELATING TO UNIFORM FILING DATES AND UNIFORM ELECTION DATES FOR MUNICIPAL ELECTIONS IN PALM BEACH COUNTY, FLORIDA, BY AMENDING SECTION 15 OF THE CITY CHARTER TO PRO- VIDE THAT COUNCIL MEMBERS SHALL TAKE OFFICE ON THE FOURTH (4TH) THURSDAY IN MARCH; BY AMENDING SECTION 138 OF THE CITY CHARTER TO ELIMINATE TI~E NOMINATION PROCEDURE AND PROVIDING A PROCEDURE FOR REGISTRA- TION BY CANDIDATES; BY AMENDING SECTION 139 OF THE CITY CHARTER TO ELIMINATE THE NOMINATION PROCEDURE AND TO PROVIDE FOR GENERAL AND RUN-OFF ELECTIONS; BY AMENDING SECTION 141 OF THE CITY CHARTER TO PRO- VIDE THAT GENERAL ELECTIONS SHALL BE HELD ON THE SECOND (2ND) TUESDAY IN MARCH OF EACH YEAR BEGINNING IN 1984 AND IN THE EVENT THAT A RUN-OFF ELECTION IS NECESSARY, IT SHALL BE HELD ON THE FOURTH (4TH) TUESDAY OF MARCH; BY AMENDING SECTION 2-42 OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, TO BE IN CONFORMANCE WITH THE ABOVE REFERENCED CHARTER AMEND- MENTS; BY AMENDING SECTION 154 OF THE CITY CHARTER BY REPEALING THE SAME IN ITS ENTIRETY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." On page 2, under "Section 2", City Manaqer Chene¥ called attention to SectiOn 138. Where it says "primaries", he said it should be either qeneral or run-off because we do not have Drimaries any more. Mayor Warnke referred to Section 2-42 on paqe 4 and noted the filing of a petition signed by at least 25 voters had been crossed off. Attorney Doney thought, as presented, the Ordinance would eliminate that. It would just be a matter of cominq in to reqister and paying the filin~ fee for any one seeking office. There was discussion about this. If the Council wanted to amend the Ordinance or make some chan~es, Attorney Doney advised now is the time. Once they advertise, they will be tied in somewhat for a second read- inq. - 28 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Councilman Wriqht suqqested they increase the filinq fee to $50.00. There was discussion among the Members. Vice Mayor Zimmerman moved to amend proposed Ordinance No. 83-51 to leave in the nominatinq Detition of 25 siqnatures of qualified voters, seconded by Councilman Cassandra. Motion carried 5-0. Councilman deLonq moved to adoDt DroDosed Ordinance No. 83-51 on first reading only, seconded by Vice Mayor Zimmerman. A roll call vote was taken on the motion by Mrs. Kruse: Councilman deLonq Councilman Wriqht Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Aye Aye Aye Aye Aye Motion carried 5-0. Resolutions Proposed Resolution No. 83-PPPP Re: Requestinq concurrence from Palm Beach County Board of County Commission for annexa- tion - Lake Worth Christian Schoot ...... ~-~ Attorney Done¥ read DroDosed Resolution No. PPPP by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS PURSUANT TO SECTION 171.062, FLORIDA STATUTES, TO REZONE A CERTAIN PARCEL OF LAND BEING ANNEXED INTO THE CITY OF BOYNTON BEACH FROM PALM BEACH COUNTY ZONING CLASSIFICATION SINGLE FAMILY RESIDENTIAL (RS) TO CITY ZONING CLASSIFICATION R-1 AA, SINGLE FAMILY RESIDENTIAL DISTRICT, AND FROM PALM BEACH COUNTY LAND USE DESIGNATION OF LOW- MEDIUM DENSITY RESIDENTIAL TO CITY OF BOYNTON BEACH LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Councilman deLong moved the adoDtion of DroDosed Resolution No. 83-PPPP, seconded by Vice Mayor Zimmerman. Mrs. Kruse took a roll call vote on the motion, as follows: Councilman Wright Mayor Warnke Aye Aye - 29 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Ave Aye Aye Motion carried 5-0. Resolution No-.-83-QQQQ Re::. V.A. HosDit.al Attorney Doney noted that in Section 1, line 4, the words "area citizens" should be changed to "area veterans". With t~at change, Attorney Doney read proposed Resolution No. QQQQ by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING THAT A VETERAN ADMINISTRATION HOSPITAL BE LOCATED IN BOYNTON BEACH" Councilman deLong moved for the adoption of Resolution No. 83-QQQQ with the following stipulations in Sections 2 and 3, which are to become a part of the public record and spread upon the minutes of this meeting: Councilman deLong read Section 2 of the Resolution and said the first Stipulation he wants is: That there be no deeding of City property for hospital purposes unless it is by referendum of the electorate. Councilman deLong then read Section 3 of the Resolution and stated his second Stipulation: Under no circumstances whatsoever shall water or sewer service be provided any lower than that amount paid by the local residences. With regard to the second Stipulation, Councilman deLong referred to the University of Florida in Gainesville receiving a concession of free water and sewer services. The college has multiplied so much the Water and Sewer Department of Gainesville was continuously in the red due to the amount of students and the buildings erected there. Councilman Wright seconded Councilman deLong's motion. City Manager Cheney handed the Council a letter dated December 6, 1983, written by former Mayor "Marty" Trauger, who planned to be at the meeting but had a sudden commitment for the college. Mayor Warnke took a vote on the Stipulations. 5-0 in favor of the Stipulations. The vote was - 30 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Mayor Warnke was concerned that the Government could build a hospital without going by the City Codes. In the State of Florida, City Manager Chene¥ said the City has no right to inspect any public education buildings. If a school, colleges, or what have you are built in the City, the City has no right to go into them. As far as Federal buildings are concerned, City Manager Chene¥ said they are not exempt from local inspections. In other places he worked. City Manager Chene¥ said they inspected Federal buildings and expected them to comply with local Codes although he had never been involved with the V. A. From a Building Code point of view, City Manager Chene¥ did not think inspections were a problem. City Manager Chene¥ continued by saying he would have to refer the question of compliance with the City's height limita- tion to the City Attorney's office, which they may not be able to answer this evening. He understood they were talking 40 to 60 acres and added it may be a moot question; height may not be a problem. Mayor Warnke was concerned that a veteran cannot get into a Veterans Hospital unless he]has already been certified to be 50% disabled. He did not think there were many 50% disabled veterans in the Cit¥. Mayor Warnke added that you also get into the problem of congestion. Mayor Warnke read the letter from Mayor Trauger saying he felt it imperative that the City Council pass the proposed Resolution. There was more discussion about the hospital. Councilman deLong again moved to adopt proposed Resolution No. QQQQ, seconded by Councilman Wright. Mrs. Kruse took a roll call vote on the motion, as follows: Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Councilman Wright Motion carried 5-0. Aye Aye Aye Aye Aye Other Request for Approval of Revocable One Year Permit to Use Public Property ~- Mayor Warnke said the request was b¥ Tire Kingdom. - 31 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Councilman deLong moved to approve the request, as recommended in the memo from the City Manager dated December 6, 1983. Councilman Wright seconded the motion, and the motion carried 5-0. Correspondence relating to Redevelopment Trust Fund and Tax Increment Financing - Requested by Councilman deLong Councilman deLong referred to the recommendations the City Manager and City Attorney had signed. One was a memorandum dated November 29, 1983, and there was another signed by Assistant City Attorney William Doney. Councilman deLong moved that those letters be spread upon the minutes of this meeting. He pointed out that there will be conversation about this when it comes up at the next meeting. Councilman deLong recalled the City Manager and City Attorney gave the Council a written report recommending that the Council approve this, and so did Attorney Doney, and he reiterated that he wanted to see them spread upon the minutes. Vice Mayor Zimmerman seconded the motion, and the motion carried 5-0. OLD BUSINESS Review and discuss revision to proposed Election Code Mayor Warnke referred to a memo he wrote to the City Attorney, and said the voters in a referendum will determine the districts. Councilman deLong advised that if the referendum is approved, they would have a whole year before the next election to know where they live because they have to extend the boundary lines. Attorney Doney agreed that Councilman deLong was right. He explained that the redistricting would happen at the 1984 election. However. the first election involving people in the new districts would be in 1985. It could be that two of the present or the then elected Council Members could be in the same district. There was discussion about people being in the same district, and Councilman Cassandra recalled that in a period of a year's time they had two people from District 4 at the same time and three people from District 2. He believed those people considered themselves as repre- senting_all of the people of Boynton Beach, so Councilman Cassandra did not think that would be a problem. Councilman deLon~ said they have everybody in the separate districts, which was what was going to have to happen the next time around because they are changing the gap, but they - 32 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 will have to supplement with somebody from the same district until it is on an even keel again. Councilman Cassandra thought what they had to be concerned with was they have had this redistricting twice. He noted they had that the Council is to vote for the Vice Mayor, and it would have to be decided tonight if the two year term is acceptable again, if the Mayor at large concept is accep- table again, and if the four district concept is acceptable. Then they would be ready to go with the cleaning up process and the next legal step. Councilman Cassandra believed the City Planner's office had proceeded to section off the previous districts. City Manager Cheney informed the Council that there was a proposed redistricting if they wanted to look at it ton~ight. He also had some hand outs to give the Council. If it was acceptable to the people here, Councilman Cassandra stated that the Council would go with what was proposed in the Ordinance. Councilman Wright pointed out that they had to make a decision on the proposed districts' boundaries prior to taking it to referendum. Attorney Doney advised that the Council woUld have to approve some- thing to be presented, as they would have to get something to the Supervisor of Elections. He had not heard of a deadline. The elections are in March. Mayor Warnke deter- mined Attorney Doney meant for a referendum and said he thought it was 30 days before. City Manager Cheney handed out a map to the Council and said it was a suggestion of four new districts. The dark lines and old numbers are the five districts. Mr. Annunziato had a population count which came out very close. It happened that in all cases but one, they fell in a census district line. There was a slight modificataion between the red and the blue, and that went over llth Avenue. They had not suggested the numbering at this point. City Manager Chene¥ said they were suggesting a makeup of districts close in population that appear to have some reason- able geographic boundaries. The green one is 1-95 and the Boynton Canal. The red one is the Boynton Canal and just above Woolbright, which was because of a population count adjustment. The blue one was south of that area, but basically the southend of the Cit¥'and Hunters Run. The yellow was everything west of 1-95, except for Hunters Run. The numbers were as close in precentage difference as the existing five districts were when they were establishd. It ~ave the Council the basis of making some adjustments if they wanted to. - 33 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 City Manager Chene¥ told the Council they could assign numbers to the districts. Mr. Annunziato did this, based on the 1980 census and building Dermits issued since 1980. Mayor Warnke remarked that it was a fast and good job. Councilman Cassandra thought Mr. Annunziato did an excellent job. Councilman Cassandra thought the Vice Mayor issue should be decided upon in the records to give the City Attorney direc- tion as to which way to go. Mayor Warnke thought there was too much personality involved in election by the Council and stated he would rather see it left for the voters. Councilman Cassandra said Attorney Vance would feel more comfortable if the Council elected the Vice Mayor for ease of the legality. Attorney Doney advised they were going to have different elections than they would if they had a general election in that there is not a runoff in the other (like who gets the most votes, and which one) as to the most votes for Vice Mayor. It could lead to some complicated problems that the Council would need to address. This way, Councilman Cassandra explained, the Council would not worry about run-offs or special elections. They would just Dick that Vice Mayor. Mayor Warnke questioned whether the Vice Mayor would be elected by the Council by secret ballot. Councilman deLonq answered that it would be by open ballot. Attorney Doney advised that they have to vote publicly. Councilman deLong suggested it could be a rotation basis, the same as the County has. Councilman deLong explained that two fellows were elected this time. They could select one of those to be the Vice Mayor, and then select the other fellow (because his term will be up) for the second year. When the people get elected the next time, they would use the same rotation system, and everybody would get a "shot" at it. There was discussion about this. Attorney Doney advised it was not sDelled out; it would be a vote each year. Councilman Cassandra called attention to the fact that the Vice Mayor being picked by the Council was spelled out. Councilman deLong moved that the Ordinance be amended to permit the rotation system. Attorney Done¥ was wondering if that could practically work. He did not know how they would rotate to cover everyone. Councilman deLong tried to explain. There was discussion about this. - 34 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Councilman Cassandra suqqested they finalize what they were in aqreement to, which was the two year term, the residential law, the four districts, the Mayor at large, and the election of the Vice Mayor by Council persons. Councilman deLonq asked, "Suppose we don't take the indivi- duals and take the districts (District 1 this time, District 2 the next time, etc.) riqht around. Attorney Doney supposed they could do that. Mayor Warnke said this was built into our present Code and would not have to be changed. If a Council person resiqns, the vacancy would be filled by the Council as it is now. Councilman deLonq questioned if they were going to go along with the rotation of the districts for the Vice Mayor or leave it the way it is. Councilman Cassandra wanted to go with the election concept. Mayor Warnke said they were more or less leaving it up to the Council to elect a Vice Mayor. Councilman Cassandra asked what if a person does not want to be Vice Mayor because due to other commitments, they cannot qet the time. Attorney Done¥ thought the Council was going with the Ordinance the way it is. City Manager Cheney advised that they could not have first reading until they describe the four districts and number them. He thought at the next meeting they may want to look at these four districts and number them. Then it will be up to the attorneys to prepare the Ordinance with the geographic description of these four districts. Then they would have first reading. Mayor Warnke believed they had until the first of February to do this. City Manager Cheney thought it might be a good idea to describe the four districts as they had written them. If the Council likes the four districts after they have a chance to study them, they can insert them at first reading at the next meetinq and the Council can put numbers on them. If the Council did not like that, City Manager Cheney advised they should simply postpone it. There was more discussion about the districts and boundaries. City Manager Chene¥ told the Council they have to have four numbers and not five numbers. Vice Mayor Zimmerman had a question on the districts. Between the blue and red, on the east/west line, he could see it did not follow 15th Avenue. As City Manaqer Chene¥ said, the one - 35 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 area where they had to get away from the logical geographic boundary in order to equate the numbers was in that area, and he thought it followed llth Avenue and went over the Intracoastal that way. If they did not do that, City Manager Cheney said they would have a disapportioned number of people in the red district and not enough in the blue. Mr. Annunziato affirmed City Manager Cheney's statement that it follows llth Avenue and goes north of Snug Harbour, so the neighborhood of Snug Harbour stays the same. City Manager Cheney advised it was not necessary to vote on this issue. Review and Adopt Printing Policy Mayor Warnke said the Council was to review and adopt a printing policy, as outlined in City Manager Chene¥'s letter of December 6. Vice Mayor Zimmerman referred to the blank in paragraph 3 (percentage). City Manager Chene¥ said the Council may not want a percentage, and it was up to them. Councilman Cassandra commented that since Councilman deLong was the author of this request, and since the City Manager put together a proposal of how the City printers would be in this, and since the City Manager raised a question that maybe they should be concerned about if the City printers are 50% above everybody else, are we still going to give it to them. Councilman Cassandra continued by saying Councilman deLong wanted the whole year to stay within the City and then to ask the City Manager for his report after one year (how much money they saved and spent). There was discussion about how much time they should give the City printers. City Manager Chene¥ had in front of him bids they had taken for the Boynton Bulletin (Recreation and Library). He had a local bidder of 14,000 copies, a local bidder of $1400 for printing, a non-local printer for $439, and a bidder the City used last time of $1200. The non- local printer is the Boynton Beach News Journal. Obviously, City Manager Cheney said they are going to have it printed at the Post-Times printer, and they say they will bid it for $439. Futura is $1400. Star did not bid. City Manager Cheney also told the Council distribution is a problem. One of the proposed distributers does not distribute totally in the City, and City Manager Cheney did not think that was acceptable. If they want the local concept, they would give it to Futura for printing as the low City bidder and give it to the Boynton Times for distri- bution because they distribute as much in the whole city as - 36 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 they can. The Shopper is a question because City Manager Cheney said there is a section of the city the Shopper does not distribute to, which he thought was a bad policy. City Manager Cheney continued by saying the News Journal is a problem because if they distribute it, they will distribute it with what they call "The Plus", and City Manager Cheney did not think the Plus has had very much acceptance yet. Councilman deLong said the way this was originally requested to be done was to have the fellow who sent the letter to the Council get in touch with City Manager Cheney; the two of them were to get together, and City Manager Cheney was to explain to him exactly what the score is. City Manager Cheney said the resolution to the situation the man spoke about is to give it to local bidders. Mr. Cheney had no problem with that but wanted the Council to know it would cost more money and they would have to do some budget adjustments. Although City Manager Cheney said the percentage did not have to be in the policy, Vice Mayor Zimmerman liked it, as he thought it would be easier to administer. Vice Mayor Zimmerman thought a 10% spread should be given between the low bid and the one that might be given a local preference. City Manager Cheney said the other thing was to do as Councilman deLong suggested: give it to a local bidder, watch it throughout the year, and see how you go. There was more discussion, and Councilman Wright thought they should give a period of three months. City Manager Cheney stated the City would go for three months and come back to the Council with a report. The report would have to compare this year's bids with that of last year's bids because in that period of three months when the Council has said they will give it to local bidders, no one else is going to bid. There was more discussion. Councilman deLong wanted to work it out to prove they were at least attempting to accommodate the local printers. If they passed it tonight, Councilman Wright wondered if it meant they would have a report by the 1st of March. Councilman Cassandra moved to accept the recommendations of City Manager Cheney dated December 6, 1983, with the excep- tion of paragraph 3, until the end of March. Councilman Wright seconded the motion. - 37 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Mayor Warnke suggested a copy of the policy be sent to all of the printers. The Council agreed. When it is evaluated, Councilman Wright said they could let the printers know what the results are. A vote was taken on the motion, and the motion carried 5-0. NEW BUSINESS Report on funding reHuests: 1. Atlantic High School 2. Congress Middle School Mayor Warnke commented that they were looking at matching funds with Delray and the County Commission. Vice Mayor Zimmerman said they would rob their own Planning Department to put out a Comprehensive Plan by a consultant because they say they do not have the money, then would give the money to something they are not responsible for. Councilman Cassandra agreed with Vice Mayor Zimmerman. He noted the report sub- mitted by Charles Frederick, Director of Recreation & Park Department pointed out that projects which are more centrally located in the community had to be cut on this year's budget. Now they are saying to donate to the end of Boynton Beach's boundary line. Councilman Cassandra also noticed City Manager Cheney commented we cannot do anything with the Girl Scout Park because we have no money. If the Council proposed to give anything, City Manager Cheney said the City would prefer Congress Middle School. There are two separate issues. One is the total community support between the County School Board, Delray, and Boynton for the high school. That is a reason to do it even though that facility has less use to us directly. The reason is, City Manager Cheney told the Council, if they do not do it, they are not cooperative. The City has already made an investment in Congress Middle School. That school is primarily Boynton Beach children. It is a community school. The City has a contract with the School Board and gets a tremendous amount out of the Middle School. There was talk about taxes and what they cover and the requests. Charles Frederick, Director of Recreation & Park Department, told the Council the City did not do anything last year for - 38 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 capital improvements. They have a general yearly contract. Each year, for operating programs out there, City Manager Cheney said the City contributes $4,000, which is an extension of the City's Recreation programs. In the past, the City has put capital improvement money in the Middle School field to make it available for the City. There was more discussion. Councilman deLong thought the City would be better off to devote its attention and time to provide programs in our recreational flacilities. City Manager Cheney advised we do not have that much field space. There is a lot of plain open field at the Middle School in the middle of the City that the City can use, and the City does not have to buy it with City money. - There was discussion about the amount, how much to give, and what they had supported in the past. City Manager Cheney informed the Members that the Council recently approved a Community School Cooperative Contract for $4,000 annual. This is an additional $8,000 for capital improvements. Councilman Cassandra suggested that the $8,000 request of Middle School be dropped to $4,000 and that Atlantic High School not be considered this year but they should approach the City at budget time to be considered because a lot of projects were cut by the Recreation & Park Department for our community. There was discussion about the funds and the budget. City Manager Cheney said they were suggesting the $8,000 be taken out of the City's Recreation Subdivision Funds. Mr. Frederick advised that the use of $8,000 out of the Trust fund would be minimal out of that account. He said we pledged several thousands of dollars with the grant that is going up for Boat Club Park to the State. Mr. Frederick said the City left a $50,000 contingency. If that grant is approved and if we have to use that money, we still have $50,000 plus. We have more money that is scheduled to come in. If the City contributes $4,000 for capital dollars in the Middle School project, City Manager Cheney asked Mr. Frederick what would happen. They have $8,000, and Mr. Frederick said if the City gives them $4,000, that will be $12,000. They will go to the School Board and then feasibly come up with $24,000 as a total project. He told Councilman Cassandra there is no guarantee on matching funds. Once the Council makes a commitment for the $4,000, the school will take their $8,000 check, and then from this meeting show the Council's pledge for $4,000, and ask the School - 39 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 Board to match that $12,000. If the School Board does not match it, the City does not spend the $4~000. There was more discussion as to which school to support, how much to give, and the services Councilman Wright wanted to see Congress Middle School get $8,000. City Manager Cheney advised they can use recreation funds only for recreation. If you give them everything they ask for, Councilman deLong said there will be no end to it. As long as he has been in office, Councilman deLong said they have never been given exactly what they ask for. It was always cut. City Manager Cheney explained that here, they were buying a product, and the product had a price tag. Mr. Frederick told Councilman Cassandra he thought Congress Middle School was the most realistic of those projects of where the City could invest what he considered a small amount of money and get a substantial return back for that money. In this case, Mr. Frederick said it is not really just the school coming in and askinq the City for money. He stated that he has already considered that a part of our Recreation and Park Department facilities. Mr. Frederick said he has been pushing for the development as much as the school has, and they have tried to make it a joint venture. In Vice Mayor Zimmerman's estimation, it was a worthy cause. The Council agreed to Councilman Cassandra taking the second question first, and Councilman Cassandra moved to approve the request of $8,000 for Congress Middle School, seconded by Vice Mayor Zimmerman. Motion carried 5-0. Councilman Cassandra referred to the need for a light on 22nd Avenue and Seacrest. Assuming the County says there is no need for a light on that corner, Councilman Cassandra said he would rather address getting a liqht put on 22nd Avenue and Seacrest than giving the money to Atlantic High. City Manager Cheney informed Councilman Wright it would probably be $12,000 to $15,000 for the City plus the con- tinual principle they would establish. City Manager Cheney received a letter today from the County Commissioner's office with an estimate to rebuild S. W. 23rd between Seacrest and Federal at $150,000. It was suggested the City look at it and meet with the Commissioners at some point to discuss joint funding. City Manager Cheney did not - 40 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 see any reason for joint funding, and Councilman deLong agreed. Councilman deLong said Seacrest Boulevard is the County's responsibility. Councilman Wright wondered if the Community Relations Board could consider a request like this. City Manager Cheney said they consider human and social services. This is a County facility. Councilman Wright thought if the City gave a few thousand, it would show they were in supDort of the school (Atlantic High School). There was more discussion. If the Council wanted to do it, City Manager Cheney recommended they do the whole thing on the basis of cooperation. Councilman Cassandra moved that the request of Atlantic High for $16,000 for the year 1983/1984 be DENIED and Atlantic High should come before the City Council next year during budget consideration. The motion was seconded and carried unanimously 5-0. Consideration of Industrial Development Revenue Bonds Councilman Cassandra wanted to set up a Workshop Meeting after New Year's to discuss this further. City Manager Cheney suggested January 4. It was decided no motion was necessary. Board Dinnerw Hunters Run - Requested by Councilman deLonq Councilman deLonq moved that the three Secretaries in City Manager Cheney's office be invited to the Christman dinner for the Boards. He recalled that Annette Tinker was always invited. Councilman Wright asked who is invited out of the City Clerk's office. City Manager Cheney replied that since he has been herew they have invited the City Clerk and the one or two people who serve the Boards and take the Board minutes because those people work so closely with the Boards, the Boards figure them as an extension of the Boards and like to have them there~ Vice Mayor Zimmerman seconded Councilman deLong's motion. Motion carried 5-0. Administrative Intern - Requested by Councilmaq.deLonq Councilman deLonq called attention to the position of Administrative Intern that the Council created and said he thought it was a waste of the taxpayer's money. He moved to - 41 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 rescind the position of Administrative Intern and for the City Manager to make the proper legal move on it. Councilman Wright thought they should leave the position there, maybe ask the City Manager not to fill it,and at the next budget session give City Manager Cheney an Assistant City Manager. Councilman Cassandra seconded the motion for discussion. In April~ Councilman Cassandra said he had been the one that pushed that the City Manager might need an Assistant. There was discussion about this. City Manager Cheney informed the Council that the incumbent in this position has a master's degree in Public A~ministra- tion. He stated this has been a very positive addition to the City, and City Manager Cheney thought the City got a lot of benefits from this position and continues to get benefits from this position. In addition, it provides the City the opportunity to give young people the opportunity to enter local government so that the City has a bank of folks coming out of the university system, and pays the gross sum of about $12,600 for a master's degree (which is what the City pays that position). City Manager Cheney added that a tremendous amount was re- ceived by the City for that money for that year and 1/2. He thought the same could be achieved again and said Former Mayor Trauger felt they, in City government, had the obliga- tion to open the door to new graduates to get a start in local government. As the business sector accepts that responsibility, City Manager Cheney thought the City should accept that responsibility to give young graduates a chance. Councilman Cassandra asked City Manager Cheney if he was intending to fill this slot with local college graduates or local citizens. City Manager Cheney was looking for a graduate with a master's degree in public administration. He stated he would like for it to come locally or possibly from the University of Florida. ~e explained that he spent a day on the campus of the University of Florida talking to students at the under graduate and graduate level. The Director of the program asked City Manager Cheney to do that to expose to cities his students, hoping cities in the State would hire his students when they graduate. Because of that visiti City Manager Cheney said he would tend to look to that university who had a master's degree. City Manager Cheney explained to Councilman deLong that these persons are educated and come here to get an opening - 42 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 job in government. Councilman Wright said these people do a lot of research and help the Council make better decisions. The biggest problem young people have when they come out of the master's proqram is qetting a job, City Manager Cheney continued. He asked why the City should not do it. The City benefits from it. Councilman deLong questioned why they have to go outside of the city for these people. City Manager Cheney replied we do not have a graduate program in Boynton Beach. Councilman deLong asked City Manager Cheney thought the local taxpayers should support people who do not reside within the city. City Manager Cheney answered that the City does it all of the time. Most of our department heads do not reside in the City. City Manager Cheney thought local taxpayers should provide an opportunity for young people to get into govern- ment, or we are not going to have good government in the future. Councilman Wright commented that we do not have a require- ment for persons having to live in the City in order to work in the City. If that position did not sell itself~ if the fact that they put out the Annual Report, News Letters, did a lot of research, projects, and other things, City Manager Cheney said he would not support it, but he thought the position did sell itself and was a good investment. Councilman Cassandra referred to being involved in personnel interviews of college graduates. One of the questions of the interview is, "How much experience do you have?" The question is where do they get experience. Councilman Cassandra said the Council had to decide if this slot generated by administrative internship is a function that the City should do to help college graduates. He would like to see Florida Atlantic University students come here. Councilman Cassandra leaned towards filling the slot, but did not want to see them going out of State for the help. He thought preference should be given to local people if possible. If they want to do away with that position, then Councilman Wright thought they should give City Manager Cheney an Assistant City Manager. There was more discussion° Councilman Cassandra~ personally, had voiced to City Manager Cheney that he would like to see him get an Asssistant. Councilman Wright thought the decision would have to be made as soon as possible. Councilman deLong alluded to the Special Projects and Energy Coordinator. City Manager Cheney advised that the City can- - 43 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 not afford an Assistant City Manager now. discussion about money and the budget. There was Councilman deLong changed his motion and moved to abolish the position of Administrative Intern and create the posi- tion of Assistant City Manager. Councilman Wright remarked that would be a pay grade of about $25,000 to $30,000. Councilman Cassandra seconded the motion. City Manager Cheney advised they would want an Assistant to the City Manager. If they get an Assistant to, Councilman Wright questioned who would run the City in City Manager Cheney's absence. Initially, City Manager Cheney replied, it was delegated to Bill Sullivan, Personnel Director, but that might change. As some cities have Assistant to the City Manager and some cities have Assistant City Managers, Councilman Wright wanted to be sure they had that understanding. In so far as the payment of salaries is concerned, Councilman deLong thought City Manager Cheney was trying to use it on a reduced basis. City Manager Cheney agreed he was trying to reduce it from the point of salary. Secondly, in a city of our size, one Assistant City Manager does not fit in well. He is a nothing from an organizational point of view. If they have an Assistant to the City Manager, City Manager Cheney said they would be buying somebody with a master's degree and several years of experience. When he is away, City Manager Cheney commented that he is always available by phone, but Bill Sullivan acts as Administrator when he is away because he has been here so long and knows the operations of the City. A vote was~taken on the motion, and the motion carried 5-0. ADMINISTRATIVE Consider appointing one member to Boynton Beach Housinq Auth°~rity'~o ................. TABLED As the person he had in mind was no !onqer interested, Councilman Cassandra moved to leave this on the table, seconded by Councilman deLonq. Motion carried 5-0. Appoint one representative to Community Action Board and one alternate' - 44 - REGULAR CITY COUNCIL MEETING BOYNTON BEACh, FLORIDA DECEMBER 6, 1983 Councilman Wright moved to table this item, seconded by Councilman deLong. Motion carried 5-0. Councilman Sam Wright's request to attend Florida League of Cities Conference in Orlando on December 9, 1983 Councilman deLong moved to approve the request, seconded by Councilman Cassandra. Councilman Cassandra was concerned about the second paragraph in the letter dated November 4 from Raymond C. Si~tig, Executive Director, Florida League of Cities, and read same. Councilman Wright advised that, basically, there are only two meetings. The meeting on Friday is to go through all of the requests that are coming forward from the cities° The second meeting is when they actually vote to support the legislative package for the year in Tallahassee in February. Being on one committee, City Manager Chene¥ interjected that some committees would attempt to meet twice as a com- mittee before the League's Annual Convention. Then they meet at the end of the convention, but that varies. City Manager Cheney said usually the committee meetings are in Tampa. Councilman Wright added that the remainder of the meetings are in Orlando. Councilman Wright said he would attempt to make a package available for the Council in the event that they would want to take action on any of the Resolutions. A vote was taken on the motion, and the motion carried 5-0. New Postal Facility - Treasure Coast Regional Plannin~ Council City Manager Chene¥ told the Council the Postal facilit¥ is proposed to be on Congress Avenue just west of the Publix shopping center, on the south side, and adjacent to the shoDDin~ center. Councilman deLon~ advised that it is on the east side of Lawrence Road. Although City Manager Chene¥ thought it was a good site, he could not tell the Council what the postal facility is Dlannin~ to~do relative to'traffic, how they fit in with traffic, etc. He told the Council to support it if they want to support it, but pointed out that the City needs a lot more information and will try to have a meeting with the Dostal-DeoDle, the County Engineers' Hi~hwa¥ Planning, and Department of Transportation Highway P!anninq because if they ~o in there, City Manager Chene¥ said the City needs to know how they are ~oin~ to fit into the traffic pattern. - 45 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1983 At the moment, the land is not in the city, but City Manaqer Cheney said they have to be concerned about the impact on traffic. It was decided to accept this in concept, Dendinq questions that should be answered. Mayor Warnke did not think a motion was necessary. Copies of Council's AGenda Packaqe - Councilman Cassandra If possible and if City Manaqer Chenev has the material to be submitted in the packages, Councilman Cassandra requested that the material be ~iven to the Council as City Manager Chenev has it. That would qive Councilman Cassandra at least 1-1/2 weeks to review some of the material. The other way (on Friday), Councilman Cassandra said he has two days if he has no other commitments. City Manager Chenev commented it would be a burden, and Councilman Cassandra accepted that. ADJOURNMENT There being no further business to come before the meeting, the meetinq was Dro~er!v adjourned at 11:10 P. M. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Vice-Mayor Councilman Deputy City Clerk //~--g~ v ~ Co~nc.i]~.an cording Sec et~%j / - uncil~n (Four Tapes) // ~ AGEkIDA December 6, 1983 CONSENT AGENDA - ADMINISTRATIVE e e e Approval of Bills: o Allied Universal Chlorine for Water Treatment Plant Pay from Water & Sewer Rev.---401-332-533-30-63 Alsay-Pippin Corporation Est. ~7 Wells 17-22 for period 10/21/83 to 11/20/83. Pay from Util. Cap. Improve. Fund---404=000-169-01-00 Belvedere Construction Co. Est. %2 Water & Sewer to Boynton Beach Golf Course Pay from B.B. Rec. Facility Constr. Fund 415-000-169-41-00 Dales Paint & Body Shop Pa~ts & Labor Police Vehicle 346 Pay from General Fund---001-000-247-41-00 Davis Water & Waste Industries, Inc. Odophos for Sewage Pumping Pay from Water & Sewer Rev. --- 401-352-535-30-65 DeBra Turf & Industrial Equip. Mowers, Spreader and Sprayer for Golf Course Pay from B.B. Rec. Facility Constr. Fund 415-000-169-41-00 Per bid 10/10/83, Council approved 10/18/83 John B. Dunklej Clerk of Circuit Court Final payment to Southeast Underground Constr.,Inc. Pay from Utility General Fund---403-000-169-11-00 ~dwards Electric CorD. of Florida Supply & install Manual transfer switch Golf Course Pay from B.B. Rec. Facility Constr. Fund 415-000-169-41-00 $ 1,750.14 67,342.06 22,663.00 1,139.72 12,440.00 47,555.00 17,878.68 5,782.0~ -2- e I0. 11. 12. 13. 14. 15. 16. 17. 18. Florida I_ ~novation GrouD Service Fee for one year beginning 10/1/83. Pay from General Fund---001-121-512-40-7G 1,500.00 Hardrives Inc. of Delra¥ Beach Shellrock for Pistol Range Pay from General Fund---001-211-521-60-25 9,668.75 Haygood & williams, P.Ao Professional services rendered 9/1/83 to 10/31/83 Pay from Federal Rev. Sharing---320-000-247-1C-00 Approved Co~unity Redevelopment 11/17/83 1,408.50 J~nnson-Davis, Inc. Emergency Repair to sanitary sewer at SW 4th. Ave. Pay from Water & Sewer Rev.---401-351-535-40-3F 7,859.91 JohnsonaDavis~ Inc.. Manhole replacement - Diane Dr. and Mission Hill Road Pay from 1982/83 budget---401-351-535-40-3F Council approved 9/6/83 7,500.00 Johnson-Davis, Inc. Replacement of sewer line North of 26th. Ave. between N.E. 1st. & Seacrest Blvd. Pay from 1982/83 budget---401-351-535-40-3F Council approved 4/19/83, Bid opening 4/13/83 37,241.00 Metric Engineering, inc. Inv. 26 & 27 N.E. 10th Ave. & Cherry Hill Improvements Pay from General Fund---001-000-1!5-87-00 7,791.75 Motorola Inc. 5 Radios and 5 Mikes for Police Dept. Pay from 1982/83 budget---320-211-521-60-9E State Contract No. 725-24-82-1 6v218.33 Palm Beach County Solid Waste Authority Use of County Landfill for month of October, 1983 Pay from General Fund---001-341-534-40-9A 37,236.75 SoI. Lime Company Lime for Water Treatment Plant Pay from Water & Sew. Rev.---401-332-533-30-65 9,822.46 -3- 19. Ranger Construction Industries, Inc. 20. 21. 22. 23. 24. 25. 26. 27. 28. Resurfacing of '~emetery Roads Boynton Beach Memorial Park Pay from 1982/83 Budget---631-399-539-60-32 5,427.70 Ranqer Construction Industries, Inc. Final Balance due P.O. 57241 for Street Resurfacing Pay from 1982/83 Budget---00!-4!l-541-60-3N 3,601.89 Shurl¥ Contracting, Inc. Partial payment N.E. 10th. Ave. Project Pay from General Fund---001-000-115-87-00 100% reimbursable Community Development Block Grant 24,281.10 Solo Construction Company Est ~1 .. Force Main San Castle/St. Andrews Part C Pay from Util. Cap. Improve.Fund---404-000-169-11-00 87,697.23 Taurus Underground, Inc. Emergenty Sewer Repair--Eaglewood Road - Greentree Villas Pay from Water & Sewer Rev.---401-351-535-40-3F 1,200.00 Urban Design Studio Billing ~7 for services thru 10/31/83 Approved by Community Redevelopment Agency 11/17/83 Pay from Federal Revenue Sharing---320-000-247-1C-00 4,300.00 James W. Vance, P.A. Legal services rendered V.S.H. vs. City of Boynton Bch Pay from General Fund---001-141-514-40-61 2,100.00 vonHaqqe & Devlin, Inc. Final installment for Golf Course Design Fee Pay from B.B. Rec. Facility Constr. Fund 415-000-169-41-00 1,500.00 Isiah Andrews Driver for Senior Citizens Club 3 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance %73-15, passed 5/15/73 168.48 Willie Ruth McGr~dY Server for Senior Citizens Club 3 wks. Pay from Federal Revue Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 161.28 -4- 29. Myre Fairway Final Payment For Golf Course Construction Pay from B.B. Rec. Facility Constr. Fund 415-000-169-41-00 $ 70,885.87 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Gr . , Finance Director I therefore recommend payment of these bills. P~ter-L. Cheney, City Manager REGULAR C%TY~ COUNCIL MEETING ~BOYNTON BEACH., FLORIDA A G E N D A DECEMBER 6, 1983 IX. LEGAL D.1 November 1, 1983 Review and discuss proposed CRA Ordinance establishing a Redevelopment Trust Fund and authorizing Tax Increment Financing ............................ TABLED The attached proposed ordinance has been reviewed by the Community Redevelopment Agency and it is recommended for adoption by the Mayor and City Council. The proposed ordinance is consistent with City Council and Redevelopment Agency attempts to provide a frame work to make the Redevelopment Agency activities independent of the City Council funding approval. The ordinance is consistent with the thoughts put forth at a recent workshop held by the Agency concerning Tax Increment Financing and establishes a legal basis for using Tax Increment Financing and placing the proceeds in a trust as provided for in the Florida Statutes. By adopting this ordinance in 1983 this agency financing mechanism will be established so that the agency can begin to receive funds as of October 1, 1984. The ordinance also provides for subsequent agency revenue bond debt service funding from the tax increment financing revenue~if-it is decided in the future that such agency revenue bonds are appropriate and necessary to fund activities within the Community Redevelopment Area. In turn this ordinance provideS the basis for being sure that revenue bonds, that might be issued in the future by the agency, shall not be deemed a debt or obligation of the City but only of the agency and the funds that it is able to collect through tax increment financing or other funds that might come to it. This ordinance has been reviewed by Michael Haygood, the attorney for the Redevelopment Agency, and by Jim Vance, the City Attorney. I recommend that the City Council consider adopting this ordinance and place it on the November 15th Agenda for 1st Reading to be followed up by Public Hearing and Final Reading on December 6th so that the ordi- nance becomes effective prior to end of 1983. PLC:jc Attachment cc: Finance Planning ADDENDUM Peter L. Cheney City Manager F.S~_1981 INTERGOVERNMENTAL PROGRAMS Ch. 163 in such manner, either at public or private sale, and for such price as the governing body may determine will effectuate the purpose of this part. (4) In case any of the public officials of the coun- ty, municipality, or community redevelopment agen- cy whose signatures appear on any bonds or coupons issued under this part shall cease to be such officials before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all pur- poses, the same as if such officials had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pur- suant to this part shall be fully negotiable. (5) In any suit, action, or proceeding involving the validity or enforceability of any bond issued un- der this part, or the security therefor, any such bond reciting in substance that it has been issued by the county, municipality, or community redevelopment agency in connection with a community redevelop- ment project, as herein defined, shall be conclusively deemed to have been issued for such purpose, and such project shall be conclusively deemed to have been planned, located, and carried out in accordance with the provisions of this part. History.--s. 12, ch~ 69-305; s. 12, ch* 73-302; s~ 2, ch. 76-147; s. 10, ch. 77-391; s. 77, ch. 79-400. 163.3.87! Redevelopment trust fund.- (1) There shall be established for each communi- ty redevelopment agency created under s. 163.3.56 a redevelopment trust fund. Funds allocated to and de- posited into this fund shall be used by the agency to finance or refinance each community redevelopment project it undertakes. No community redevelopment agency shall exercise any community redevelopment powers under this section unless and until the goo- erning body has, by ordinance, provided for the fund- lng of the redevelopment trust fund for the duration of a community redevelopment project. The annual funding of the redevelopment trust fund shall be an amount not less than that increment in the come, proceeds, revenues, and funds of the county or municipality derived from or held in connection with its undertaking and carrying out of community rede- velopment projects under this part. Such increment shall be determined annually and shall be that amount equal to the difference between: (a) The amount of ad valorem taxes levied each year by all ~axing authorities except school districts on taxable real property contained within the geo- graphic boundaries of a community redevelopment project; and (b) The amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for all t~xing authorities except school districts upon the total of the assessed value of the taxable property in the community redew~lop- ment project as shown upon the most recent assess- ment roll used in connection with the taxation of such property by each taxing authority prior to the effective date of the ordinance approving the commu- nity redevelopment plan. (2) Upon the establishinent of a redevelopment trust fund as herein pro~ded, each t~xlng authority except school districts shall annually appropriate to such fund a sum which is no less than the increment of ad valorem tax revenues as defined and deter- mined in paragraphs (1)(a) and (b) accruing to said taxing authority. (3) The obligation of a local governing body to fund the redevelopment trust fund annually shall continue until all loans, advances, and indebtedness, if any, and interest thereon, of a community rede;eel- opment agency incurred as a result of a community redevelopment project have been paid, but only to the extent that the tax increment described in this section accrues. (4) The revenue bonds and notes of every issue under this part shall be payable solely out of reve- nues pledged to and received by a community rede- velopmeht agency and deposited to its redevelop- ment trust fund. The lien created by such bonds or notes shall not attach until the revenues referred t~ herein are deposited in the redevelopment trust fund at the times, and to the extent that, such revenues ac- crue. The holders of such bonds or notes shall have no right to require the imposition of any tax or the establishment of any rate of taxation in order to ob- tain the amounts necessary to pay and retire such bonds or notes. The redevelopment trust fund shal~ receive the tax increment described in this section only as,, if, and when such taxes are collected. (5) Revenue bonds issued under the provisions of this part shall not be deemed to constitute a debt, lia- bility, or obligation of the local governing body or the state or any political subdivision thereof, or a pledge of the faith and credit of the local governing body or the state ,or any political subdivision thereof, but shall be payable solely'~from-ihe revenues provided therefor. All such revenue bonds shall contain on the face thereof a statement to the effect that the agency shall not be obligated to pay the same or the interest thereon except from the revenues of the community redevelopment agency held for that purpose and that neither the faith and credit nor the taxing power of the local governing body or of the state or of any po- litical subdivision thereof is pledged to the payment of the principal of, or the interest on, such bonds. Hi~tory.--a. 11, ch. 77-~1; s. 78, ch. 79-400. 163.390 Bonds as legal investments.--All banks, trus~ companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking 0r investment business; a~l insurance companies, insurance associa- tions, and other persons carrying on an insurance business; and all executors, administrators, curators, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds 'belonging to them or w~thin their control in any bonds or other obligations issued by a county or municipality pursu- ant to this part or by any community development agency vested with community redevelopment proj- ect powers. Such bonds and other obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize any persons, po- litical subdivisions, and officers, public or private, to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. 797 · REGULAR CITY COUNCIL MINUTES BOYNTON BEACH, FLORIDA TO: MEMO IX. LEGAL A.2 cc: Planning Finance Mr. Peter Cheney, City Manager, Boynton Beach FROM: William P. Doney, Esquire DATE: November 29, 1983 RE: Establishment of a Community Redevelopment Trust Fund The question has arisen as to the effect of the adoption of a proposed OrdinanceS-concerning the establishment of a redevelopment trust fund pursuant to Secti6n 163.387, Florida Statutes. In particular, the question has been raised as to the required duration of such a trust fund and whether the present or a future City Council may repeal an enacted ordinance and abolish the trust fund. Section 167.387(3), Florida Statutes, a copy of which is attached, provides the answer. This section provides that the obligation of a local governing body to .fund the redevelopment trust fund shall continue until all loans, advances and indebtedness, if any, and interest thereon, of a community redevelopment agency incurred as a result of a community redevelopment project have been paid, but only to the extent that the tax increment financing applies. Thus, it would seem that so long as there are outstanding obligations pursuant to a community redevelopment project, then the present or future City Councils would be obligated to maintain the tax increment financzng as set forth in the ordinance. Pursuant to Section 163.360, Florida Statutes, the City Council has the duty to approve any community redevelopment plan prior to its adoption, and pursuant to Section 163.361, Florida Statutes, the City Council would act on any amendment or modification to an approved community redevelopment plan. Also, no revenue bonds could be issued concerning a community redevelopment project unless approved by resolution or ordinance by the City Council. (Section 163.385, Florida Statutes.) WILLIAM P. DONEY, Esquire~ WPD/sjw .? ~ enc. ~. A cc: Michael Haygood, Esquire / . ~ ".. - ~DENDUM ~f-~cC' '-