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Minutes 01-02-85MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, JANUARY 2, 1985 PRESENT Robert Ferrell, Vice Mayor Nick Cassandra, Councilman James R. Warnke, Councilman Samuel L. Wright, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney Vice Mayor Ferrell called the meeting to order at 7:33 P. M. He announced the Invocation will be given by Councilman James R. Warnke followed by the Pledge of Allegiance to the Flag led by Councilman Samuel Lamar Wright. AGENDA APPROVAL Councilman Cassandra stated if the Council will allow the Day Care Center to be removed from the table, he'will not add an item on about the Day Care Center. He would like to ask a question of the City Attorney before having first reading of ordinances. He would like to add under Administriative - Domicile Law vs. County regarding registra- tion fees, as far as contractors are concerned. He would like to pull out Item C from the Consent Agenda. At our last meeting, we did not discuss recreation and since then, he has questions on the utility tax and he would rather discuss it first. Mr. Cheney stated he would like to add under Administrative - Approval of Four Construction Trailers at the Forum Shoppes construction site. Under Ordinances, he would like to add No. 7 for first reading of a collective ordinance addressing all the bond referendums and move the other two to Nos. 8 and 9. Councilman Wright moved adoption of the agenda with the additions and deletions as noted, seconded by Councilman Cassandra. Motion carried 4-0. ANNOUNCEMENTS Vice Mayor Ferrell read a proclamation proclaiming the month of January, 1985, as Arbor Month. The Vice Mayor read a proclamation proclaiming the week of January 13 through 19, 1985, as Jaycee Week. Vice Mayor Ferrell announced that Mayor Zimmerman is in the mountains of North Carolina for the holidays and is unable to be present. He will be back for the next regularly sche- duled meeting. - 1 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1985 MINUTES Regular City Council Meeting Minutes of December 18, 1984 Councilman Cassandra moved to accept the minutes as pre- sented, seconded by Councilman Warnke. Motion carried 4-0. CITY MANAGER'S REPORT Mr. Cheney stated that he did not have anything to report tonight. PUBLIC AUDIENCE Landscaping at Boynton Commerce Center Mrs. Ruth Morsch, 1204 S.W. 22nd Avenue, referred to bringing to the Council's attention at the last meeting that no landscaping had been done at the.Boynton Commerce Center and advised that a lot has been done now. She told about Mr. Motazedi being cooperative and planting trees, but explainedthat the 75% screening requirement still has not been met. They have been told it will be taken care of by Saturday and she thinks Mr. Motazedi will do what he is sup- posed to do. She then thanked the Council for helping to get this situation resolved. Improvements on Ocean Parkway Mrs. Dee Zibelli, 440 Ocean Parkway, stated they appreciated having the Recreation Department under Mr. Frederick refi- nish the rest of Ocean Parkway with sprinkler systems, sod and trees. Noise Ordinance Mrs. Dee Zibelli questioned how far the noise ordinance has progressed and Mr. Vance informed her that we have contracted with a professor at FAU to prepare such an ordinance and he expects the draft ordinance within a week or so. CONSENT AGENDA A. Bids 1. One (1) Leaf Raking Machine - Olathe, Model 48 HL Turf Sweeper - Parks Department The Tabulation Commi%%ee recommends awarding the bid to the low bidder, One Stop Lawn & Turf Center, an the amount of $9,000. - 2 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1985 2. Two Lift Station Conversions (L.S. #304 & L.S. #501) Ejector Pumping to Submersible Pumping - Utilities The Tabulation Committee recommends awarding the bid to the low bidder, AOB Underground, in the amount of $36,035. B. Resolutions 1. Proposed Resolution No. 85-A - Re: Bond Substitution for Plat II of Sky Lake A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING PERFORMANCE BOND FOR PLAT II OF SKY LAKE RECORDED IN PLAT BOOK 46, PAGES 81, 82 AND 83 FROM ORIOLE HOMES CORP., AND RELEASING THE PERFORMANCE BOND POSTED BY HYLIB, INC. C. Approve Request for Zoning for Alcoholic Beverage License (Tabled) 67 Liquor Shop and Lounge 1550 N. Federal Highway Suites 1, 2 and 3 Boynton Beach, FL Councilman Warnke made a motion to remove from the table, seconded by Councilman Cassandra. Motion carried 4-0. Councilman Cassandra made a motion to move Item C off the Consent Agenda for discussion purposes, seconded by Councilman Wright. Motion carried 4-0. D. Approval of Bills See list attached. Councilman Cassandra moved to accept Consent Agenda items A-1 and 2, B-l, and D. Councilman Wright seconded. Under discussion, Councilman Cassandra referred to Mr. Clark requesting the City Attorney to review the resolution in reference to the bond substitution for Plat II of Sky Lake and Mr. Vance replied that he thinks they have approved it and if not, it will be done before releasing the bond. Motion carried 4-0. Ce Approve Request for Zoning for Alcoholic Beverage License - 3 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1985 67 Liquor Shop and Lounge 1550 N. Federal Highway Suites 1, 2 and 3 Boynton Beach, FL Councilman Cassandra stated at the last meeting, Councilman Warnke asked the City Attorney about the closeness of this liquor license to some churches. The City Manager responded with his opinion and he read Mr. Cheney's memo dated January 2, 1985. He thinks a legal opinion should have been given based on the City Manager's statement. Councilman Cassandra stated since they did not utilize their permit for the license and the churches have come since then, he thinks this permit is after the fact. Mr. Vance referred to the license being renewed on September 7, 1984, and Mr. Cassandra pointed out that the church was there November 1, 1983. Mr. Vance commented that apparently they had an existing license at the time the church came in. Mr. Cassandra clarified that the license was renewed on September 7, 1984, and the church was in operation since November 1, 1983. Councilman Cassandra questioned the 1,500 ft. distance requirement and Mr. Vance replied that he thinks the 1,500 feet would apply, but apparently this license existed on March 16 and was renewed after the date the last church came in. Mr. Cassandra stated that both churches were there before the renewal and Mr. Vance clarified that there was an existing license prior to any church. Councilman Cassandra stated a request had been made for a legal opinion and Mr. Vance replied that he would prefer to get some additional information before giving an opinion at this point. Councilman Cassandra moved to table again until a legal opi- nion is given by the City Attorney, seconded by Councilman Warnke. Motion failed 2-2 with Vice Mayor Ferrell and Councilman Wright dissenting. Mr. Cheney suggested thinking about the meaning of the code and whether the distance requirement applies to church owned property or leased store owned property. Councilman Warnke stated the ordinance says established church and these are probably established churches in that particular location, but are probably planning to move out of the store front as soon as possible. Councilman Warnke referred to this application being for a continuation of a series and Vice Mayor Ferrell clarified that it is a change in series of the license. - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 198~ After some discussion, Councilman Wright moved to approve this request as he doesn't understand what the questions are about it. Councilman Cassandra stated possibly the code should be reviewed, but currently it says a church should be a certain distance away from a liquor store. Since this license has lapsed and a church has come in, we have a violation of the code. Before being approved, we should have a legal opinion whether it is in violation of the code. Vice Mayor Ferrell disagreed and stated the license has not lapsed. Mr. Vance asked if this facility has a license for liquor off-premises and Vice Mayor Ferrell replied that they do have a package license. Mr. Vance stated this has been in existence for a period of years and Councilman Warnke agreed that it has been for about two years. Mr. Vance asked if the license was in existence prior to arrival of the two churches and Councilman Warnke responded affirmatively. Mr. Vance stated that essentially he does not know that the Council can prohibit the additional consumption on-premises since there is a license in existence predating the churches. He rules at this time that it can ~be allowed. Councilman Wright moved to approve this request for a liquor license, seconded by Councilman Cassandra. Motion carried 4-0. BIDS NONE PUBLIC HEARING NONE DEVELOPMENT PLANS NONE LEGAL Ordinances - 2nd Reading - Public Hearin9 Proposed Ordinance No. 84-55 - Re: Annexation - Lakes of Hypoluxo Mr. Vance read proposed Ordinance No. 84-55 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT - 5 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1995 OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION VII (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044 , FLORIDA STATUTES; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE AND AUTHORITY TO CODIFY; AND FOR OTHER PURPOSES. Vice Mayor Ferrell asked if anyone wished to speak in favor of this ordinance and a gentleman in the audience questioned the purpose of this ordinance. Mr. Vance stated this ordi- nance annexes some land into the city limits of Boynton Beach. Vice Mayor Ferrell asked if anyone wished to speak against this ordinance and received no response. Councilman Cassandra moved to accept Ordinance No. 84-55 on second reading, seconded by Councilman Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Wright - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Nay Motion carried 3-1. Proposed Ordinance No. 84-56 - Re: Amend Land Use Amendment - Lakes of Hypoluxo Mr. Vance read proposed Ordinance No. 84-56 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY LOW TO MEDIUM DENSITY TO CITY OF BOYNTON BEACH LOW DENSITY - 6 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 198~ RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; REPEALING PROVISION; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Vice Mayor Ferrell ascertained nobody desired to speak either for or against this proposed ordinance. Councilman Wright moved adoption of Ordinance No. 84-56 on second and final reading, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Motion carried 3-1. Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Nay Councilman Wright - Aye Proposed Ordinance No. 84-57 - Re: Rezone - Lakes of Hypoluxo Mr. Vance read proposed Ordinance No. 84-57 by title: 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 TO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE AS PLANNED UNIT DEVELOPMENT WITH A LAND USE INTENSITY OF 5.00; PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Vice Mayor Ferrell received no response when asked if anyone wished to speak in favor of this ordinance or in opposition to this ordinance. Councilman Cassandra moved to accept Ordinance No. 84'57 on second reading, seconded by Councilman Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Nay Councilman Wright - Aye Motion carried 3-1. - 7 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1985 Ordinances - 1st Reading Questions by Councilman Cassandra Councilman Cassandra stated copies of the following proposed ordinances were not included in the agenda book and he wants to make sure these issues are going to referendum. Mr. Cheney stated at the end of the last meeting, instructions were given to prepare referendum ordinances and this has been done together with a proposed funding plan. He distri- buted sheets covering the funding and explained how items 1, 2, 3, 4, and 6 are covered by separate ordinances and also ordinances are prepared covering any combination of the recreation items based on what the Council decides to include. He then reviewed the funding as noted on the first two pages. He reviewed the summary of the projects with noting when expenditures might be made and when design and construction will take place. He clarified that each bond issue is covered separately and the ordinances are ready for first reading with a master summary for the ballot. Councilman Warnke quetioned why there was a large drop in the police radio facilities and Mr. Cheney explained the funding was proposed in three different years with two dif- ferent sources. Councilman Warnke asked if any decision made now on the capital improvement program from utility tax would be binding on future Councils and Mr. Cheney replied negati- vely. Councilman Warnke clarified that future Councils can modify and change it and Mr. Cheney replied affirmatively, and added the tax could be reduced but not increased above the 10%. Councilman Cassandra referred to a referendum vote for the utility tax increase which would make it binding and Mr. Vance replied that he did not think the utility tax could be a referendum item and only a straw vote could be taken on it. Proposed Ordinance No. 85-1 - Re: Authorizing General Obligation Bonds for Public Safety Facilities Mr. Vance read proposed Ordinance No. 85-1 in its entirety. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR, OF NOT EXCEEDING $2,650,000 BONDS OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR PROVIDING FUNDS, TOGETHER WITH ANY OTHER AVAILABLE FUNDS, FOR PAYING THE COST OF ACQUIRING AND CONSTRUCTING - 8 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1985 PUBLIC SAFETY FACILITIES IN THE CITY OF BOYNTON BEACH CONSISTING OF THE CONSTRUCTION OF ADDITIONS TO THE EXISTING POLICE AND FIRE STATIONS, THE CONSTRUCTION OF A NEW SATELLITE FIRE STATION, THE CONSTRUCTION OF PARKING FACILITIES TO SERVICE SUCH PUBLIC SAFETY FACILITIES, TOGETHER WITH ANY EQUIPMENT AND FURNISHINGS NECESSARY OR DESIRABLE IN CONNECTION THEREWITH; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION. Councilman Warnke moved the passage of Ordinance No. 85-1 on first reading, seconded by Councilman Wright. No discussion. Mrs. Boroni took a roll call vote as follows: Councilman Cassandra - Aye Councilman Warnke - Aye Councilman Wright - Aye Vice Mayor Ferrell - Aye Motion carried 4-0. Proposed Ordinance No. 85-2 - Re: Authorizing General Obligation Bonds for Library Facility Mr. Vance read proposed O~dinance No. 85-2 in its entirety. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR, OF NOT EXCEEDING $1,000,000 BONDS OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR PROVIDING FUNDS, TOGETHER WITH ANY OTHER AVAILABLE FUNDS, FOR PAYING THE COST OF CONSTRUCTING AN ADDITION TO THE EXISTING PUBLIC LIBRARY BUILDING IN THE CITY OF BOYNTON BEACH, TOGETHER WITH ANY EQUIPMENT AND FURNISHINGS NECESSARY OR DESIRABLE IN CONNECTION THEREWITH; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION. Councilman Wright moved adoption of proposed Ordinance No. 85-2 on first reading, seconded by Councilman Warnke. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Warnke - Aye Councilman Wright - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Motion carried 4-0. - 9 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, t9~5 Proposed Ordinance No. 85-3 - Re: Authorizing General Obligation Bonds for City Hall Renovation and Additions Mr. Vance read proposed Ordinance No. 85-3 in its entirety. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR, OF NOT EXCEEDING $1,100,000 BONDS OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR PROVIDING FUNDS, TOGETHER WITH ANY OTHER AVAILABLE FUNDS, FOR PAYING THE COST OF RENOVATING THE CITY HALL IN THE CITY OF BOYNTON BEACH AND CONSTRUCTING PARKING FACILITIES TO SERVE THE CITY HALL, TOGETHER WITH ANY EQUIPMENT AND FURNISHINGS NECESSARY OR DESIRABLE IN CONNECTION THEREWITH; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION. Councilman Cassandra moved to adopt on first reading Ordinance No. 85-3, seconded by Councilman Warnke. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Wright - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Motion carried 4-0. Proposed Ordinance No. 85-4 - Re: Authorizing General Obligation Bonds for Public Works/Parks Maintenance/General Maintenance Facilities Mr. Vance read proposed Ordinance No. 85-4 in its entirety. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR, OF NOT EXCEEDING $1,600,000 BONDS OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR PROVIDING FUNDS, TOGETHER WITH ANY OTHER AVAILABLE FUNDS, FOR PAYING THE COST OF CONSTRUCTING A PUBLIC WORKS BUILDING AND A PARKS MAINTENANCE FACILITY, TOGETHER WITH ANY EQUIPMENT AND FURNISHINGS NECESSARY OR DESIRABLE IN CONNECTION THEREWITH; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION. Councilman Warnke moved adoption of Ordinance No. 85-4 on first reading, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 19~85 as follows: Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Councilman Wright - Aye Motion carried 4-0. At this time, Vice Mayor Ferrell pointed out to the public that while it may seem this is a rush job, there has been several months of work done on this. If anyone has any questions, they should contact any of the Council members. Councilman Warnke moved to go to Item 6, seconded by Councilman Cassandra. Motion carried 4-0. Proposed Ordinance No. 85-6 - Re: Authorizing General Obligation Bonds for Congress Avenue Civic.Center Mr. Vance read proposed Ordinance No. 85-6 in its entirety. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR, OF NOT EXCEEDING $3,500,000 BONDS OF THE CITY OF BOYNTON BEACH, WITH ANY OTHER AVAILABLE FUNDS, FOR PAYING THE COST OF ACQUISITION AND CONSTRUCTING A CIVIC CENTER IN THE CITY OF BOYNTON BEACH, TOGETHER WITH NECESSARY PARKING FACILITIES AND ANY EQUIPMENT, FURNISHINGS AND LANDSCAPING NECESSARY OR DESIRABLE IN CONNECTION THEREWITH; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION. Councilman Wright moved the adoption of proposed Ordinance No. 85-6. Councilman Cassandra seconded for discussion pur- poses only. Under discussion, Councilman Cassandra stated this is one of many items he has received calls on which was not favorable from constituents in his area. They do not feel this is needed now. Chances are because of the numeri- cal number, it may result in a fallout on the other items and he explained. He would like to ask the Council not to put this on the ballot and not throw another $3,500,000 at the people. Councilman Warnke added that he also had some calls on this and questions he could not answer concerning the size of the building, seating capacity, uses, who would use it, imposi- tion on the staff, how the figure was arrived at, etc. He personally feels if the citizens are going to be asked to - 11 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1985 put out $3,500,000, there are better uses for it such as drainage, streets, etc. rather than building another civic center which will probably half serve the county plus there are two new convention center hotels being built. Vice Mayor Ferrell clarified that this is not authorizing the spending of the money, but asking the people whether they want to. Councilman Wright commented that we are asking for quite a bit and many would like to see a nice community center one day; however, he believes there are others which should be given consideration when thinking of need. Possibly this is premature and should be delayed a few years. Councilman Warnke added that he agrees with Councilman Cassandra and if the voters are asked to bite off a huge chunk, it should be for things necessary. He thinks it is much more acceptable not to put this on the ballot. As requested, Mrs. Boroni then took a roll call vote on the motion as follows: Vice Mayor Ferrell - No Councilman Cassandra - Nay Councilman Warnke - Nay Councilman Wright - Nay Motion failed 4-0. Proposed Ordinance No. 85-5 - Re: Authorizing General Obligation Bonds for Recreation Facilities Councilman Cassandra reported that he has had feedback that the original plan for the overall recreation facilities is too much and everything will be lost. If the 17th'Avenue community center is a strong desire, it should be a separate item or it could be joined with Wilson Center, but Congress Avenue Community Park is not a necessary item. Mr. Cheney read what was proposed for Congress Avenue Community Park, which was included in the original master plan for this 30 acre site. Councilman Cassandra continued that he has not received strong support from the south end for the recreation building on North Seacrest Blvd. There have been questions concerning the purpose of such a building. Mr. Cheney referred to discussing this previously and explained that - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1985 conceptual planning must be done. He further referred to the people in this area needing recreational facilities and pointed out that planning was anticipated in 1985/86, design in the next year and then construction acknowledging the needs from conceptual planning. If the bond issue is sold, then we will know the parameters in which to go. When the amount is known, the Council must decide what is to be done. Councilman Cassandra referred to the north end questioning whether this was needed and Mr. Cheney explained that a recreational facility is needed in this area north of the canal considering the development of the city and density of population. Councilman Cassandra referred to the south and north areas being put together and Mr. Cheney explained how the Congress Avenue Community Park would have money making activities. Also, the Congress Avenue Community Park would serve more of the total community rather than 17th Avenue. Councilman Wright referred to communicating with a lot of young people and told about their desire for a gymnasium. Vice Mayor Ferrell announced that Mr. Morton Goldstein had requested to speak. Mr. Morton Goldstein, 130 N.E. 26th Avenue, Apt. 302, stated that he has also received a lot of telephone calls concerning the 17th Avenue Community Center asking what is going to be there. The people would like to know what they will be spending $1,000,000 for. They would like to know ahead of time exactly what is going into this. They do not want to see a gymnasium for boxing. Such a use was turned down by a majority vote 1~ years ago. There is not a city in America which has funded a public gym. The situation is being looked into now to outlaw boxing because it is harmful. There are many people opposed to putting in such a facility with city funds. Councilman Warnke clarified that all these ordinances say not to exceed $1,000,000, but that does not mean we have to spend that amount. Mr. Goldstein explained how it is known what $1,000,000 will be spent for when it is designated for the police and fire stations. He would like to see the com- munity center as a separate item. He would hate to see the Wilson Center improvements not approved because people do not like the concept of the 17th Avenue center. He thinks a $1,000,000 item should stand by itself. Mr. Cheney clarified that from the point of view of boxing, he totally agrees with Mr. Goldstein and so does Mr. Frederick. It was not put in there for that reason. After further discussion, Councilman Warnke questioned the time frame for the March ballot and Mr. Vance advised that first reading should take place tonight. - 13 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1985 Further discussion ensued regarding the recreational facili- ties and need for same both in the north and south ends. Comments were made about possibly separating the recreation issues, but Councilman Wright concluded the whole community must be considered with recreation being put to the voters as one package. Mr. Cheney then distributed proposed Ordinance No. 85-5 addressing Congress Avenue Community Park, Wilson Center and 17th Avenue Community Center. Mr. Vance read proposed Ordinance No. 85-5 in its entirety: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR, OF NOT EXCEEDING $2,150,000 BONDS OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR PROVIDING FUNDS, TOGETHER WITH ANY OTHER AVAILABLE FUNDS, FOR PAYING THE COST OF DEVELOPING PARK AND RECREATIONAL FACILITIES IN THE CITY OF BOYNTON BEACH, CONSISTING OF IMPROVEMENTS AT CONGRESS AVENUE COMMUNITY PARK, WILSON RECREATIONAL CENTER AND THE NORTHWEST SEVENTEENTH AVENUE COMMUNITY CENTER, TOGETHER WITH ANY EQUIPMENT AND FURNISHINGS NECESSARY OR DESIRABLE IN CONNECTION THEREWITH; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION. Councilman Wright moved adoption of proposed Ordinance No. 85-5, seconded by Councilman Warnke. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman Warnke - Aye Councilman Wright - Aye Vice Mayor Ferrell - Aye Motion carried 4-0. At this time, Vice Mayor Ferrell declared a five minute break and then reconvened the meeting at 9:10 P. M. Proposed Ordinance No. 85-7 - Re: Bond Election Holding of Special Mr. Vance advised that the date of January 15, 1985, should be inserted and the first paragraph on page 3 should be taken out and the last paragraph on page 5 eliminated in reference to the Civic Center. He then read proposed Ordinance No. 85-7 in its entirety: ~ - 14 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 19~8~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR THE HOLDING OF A SPECIAL BOND ELECTION IN CONJUNCTION WITH THE REGULAR MUNICIPAL ELECTION IN THE CITY OF BOYNTON BEACH ON MARCH 12, 1985, AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION. Councilman Warnke moved that Ordinance No. 85-7 be approved on first reading, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Warnke - Aye Councilman Wright - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Motion carried 4-0. Proposed Ordinance No. 85-8 - Re: Amend Utility Service Tax Mr. Vance read proposed Ordinance No. 85-8 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 23. TAXATION, ARTICLE II. PUBLIC SERVICE TAX, SECTION 23-14. LEVIED. TO INCREASE THE RATE OF SAID TAX FROM SIX AND ONE-HALF PERCENT (6~%) TO TEN PERCENT (10%); PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 23. TAXATION. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman Warnke moved to adopt proposed Ordinance No. 85-8 on first reading, seconded by Councilman Wright. Under discussion, Councilman Cassandra stated he is concerned that we cannot have any guarantee of getting anything done with this utility tax. We are proposing to put it into effect ten days after second reading. Another Council coming in could wipe this out. It is a shame this cannot be put on referendum for a more binding effect. Mr. Vance pointed out that it does include in the ordinance the reason why it is being raised and this should have some effect on a future Council. Councilman Cassandra referred to this being included in future budgets and Mr. Cheney replied that he proposes to specify adoption of the capital improvements program including revenue from this money and revenue from a separate budgeted amount. Mr. Cassandra questioned the - 15 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1985 approximate amount of this 3~% and Mr. George Hunt advised it would be about $5 per use of 1,000 kilowatts per month. A gentleman in the audience questioned when this would end and Mr. Cheney replied that every City Council has the option of continuing or reducing. Vice Mayor Ferrell added that at any point in time, if the projects are not being completed, people could ask them to look into it or decrease the amount. Mr. Cheney pointed out that it would only increase 3~% and this is being done for specific projects. The audience referred to getting information about this and Mr. Cheney replied that it has been discussed for three months and reported in the paper and further information will be Printed, He added that it is not a referendum item because of the nature of the statute. Mrs. Boroni then took a roll call vote on the motion as follows: Councilman Wright - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Motion carried 4-0. Proposed Ordinance No. 85-9 - Re: Amendment to Ordinance No. 84-47 - Revision of definition of Family Mr. Vance stated this adds to the family definition and then read proposed Ordinance No. 85-9 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, ~LORIDA, AMENDING APPENDIX A - ZONING, SECTION 1. DEFINITION OF TERMS. (AS AMENDED BY ORDINANCE NO. 84-47) TO AMEND THE DEFINITION OF FAMILY; PROVIDING THAT FOSTER CHILDREN ARE TO BE INCLUDED WITHIN THE DEFINITION OF FAMILY; PROVIDING THAT EACH AND EVERY OTHER DEFINITION CONTAINED IN SECTION 1. OF SAID ZONING CODE SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman Warnke moved to adopt Ordinance No. 85-9 on first reading, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote as follows: Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Councilman Wright - Nay Motion carried 3-1. - 16- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA Resolutions JANUARY 2, 1985 Proposed Resolution No. 85-B - Re: Amend Civil Service Rules & Regulations - Martin Luther King, Jr. Day Mr. Vance read proposed Resolution No. 85-B by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CIVIL SERVICE RULES AND REGULATIONS, RULE XI, GENERAL PERSONNEL POLICIES AND PROVISIONS, SECTION 2, LEGAL HOLIDAYS Councilman Cassandra moved to adopt proposed Resolution No. 85-B on Civil Service Rules and Regulations, seconded by Councilman Wright. No discussion. Motion carried 4-0. Other Approve Lease Agreement with Boynton Beach Child Care Center, Inc. (Tabled) Councilman Cassandra moved to remove from the table, seconded by Councilman Wright. Motion carried 4-0. Councilman Warnke referred to having a special meeting on this and Vice Mayor Ferrell replied that it has not been scheduled. Ms. Pat Schuette, 770 Lori Drive, Palm Springs, a member of the Child Care Center Board requested to speak. She referred to having a foundation in progress and stated the permit has been revoked. Mr. Cheney corrected that the per- mit has been held up. Ms. Schuette questioned the reason and Mr. Cheney replied that he has talked with Mrs. Sally Costin and the permit was held up when it was discovered only six years were left on the lease. He raised this question with the City Council and suggested we probably should meet with the Board of Directors and address the issue of the length of the lease before issuing a permit on land with a six year lease. Furthermore, there are some things in the lease which should be clarified. The Council agreed we should do something more than a six year lease and would like to meet with the Board of Directors of the Boynton Beach Child Care Center in order to discuss a good relationship and good lease. A meeting was tentatively set, but Mrs. Costin indicated because of the holiday season, it was impossible to meet at that time and it was tabled. - 17 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1985 Ms. Schuette stated She was under the impression there would be no problem to renew the lease for twenty years and Mr. Cheney agreed there may not be, but the City Council renews leases. Ms. Schuette referred to money coming in for this purpose and Mr. Cheney replied that it would seem inappropriate to spend money on a building located on land with only a six year lease left without discussing with the City Council. A representative committee of the Board could meet with the City Council to have an understanding of the relationship. Ms. Schuette asked if this would be tabled again and Mr. Cheney replied that he would hope within the next few weeks, a meeting could be held with representatives from the Board and have it settled by the January 15 meeting. Councilman Cassandra stated that Mrs. Costin called him today. Mrs. Costin voiced again strong concern that she does not want to move from where it is. She would like to have the permit issued, so they can start their building foundation. Subsequent to talking to Mrs. Costin, he attended the Child Care Center's Christmas Party and many people told about being in favor of the construction and they do not want to move. He feels we probably could get the same answers from the Board by sending the questions to them and requesting a response. He would like to have the Council grant their permit. He questions whether we can legally stop the permit as they have a six year lease and Mr. Vance replied that is a judgment call. Mr. Vance added he would not put a reasonably expensive building on a piece of land with a six year lease unless assured he could get an extension of that lease. Mr. Cheney added this is on public land and if the Council does not renew the lease, people will question why the permit was granted knowing the lease would expire. Councilman Cassandra questioned why the lease depends on the Board answering the questions and Mr. Cheney explained that with putting an additional building on the land, it is not part of the original lease and must be addressed. Councilman Cassandra asked if he could take care of this without having the Council meet with the Board and Mr. Cheney replied that the Council made this request, but he can negotiate a lease. Councilman Wright stated he thinks a meeting with the Board of Directors is a positive way to go with the whole matter. It should be clarified. Vice Mayor Ferrell stated there is no need to discuss this further, but we will await notice of the meeting. - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 198'5 Councilman Cassandra moved to table this item until the date of the meeting can be set, seconded by Councilman Warnke. No discussion. Motion carried 4-0. Approval of Transcript of Public Hearing for Industrial Development Revenue Bonds for approximately 370,000 square feet of building area at 2100 Corporate Drive, Boynton Beach Mr. Vance distributed the transcript and then read the following statement: "The City of Boynton Beach, Florida, has previously authorized a plan of financing consisting of the issuance at one time, or in series from time to time of its industrial development revenue bonds, in a principal amount not to exceed $9,500,000 for the purpose of financing for Boynton Commerce Center, a Florida general partnership, a capital project consisting of the acquisition of a 22 acre site and the construction thereon of five buildings aggregating approximately 370,000 square feet, located at 2100 Corporate Drive in the City of Boynton Beach, Florida, to be leased to a number of tenants (with the prior approval of the City) for use as a warehouse and distribution facility. "Actions taken by the City to date include a review of the project in accordance w~th the City's guidelines and procedures, the adoption of a resolution authorizing the City to enter into a Memorandum of Agreement which spe- cified the terms of the proposed bond issue and the execu- tion and delivery of such Memorandum of Agreement by the City. In addition, a public hearing was conducted on Friday, December 28, 1984, by the City Manager of the City. City Council hereby acknowledges receipt of a transcript of such public hearing." Mr. Vance suggested after review of this transcript, a motion be offered to ratify previous actions of the City with respect to the proposed issuance of industrial develop- ment revenue bonds. Councilman Warnke so moved, seconded by Councilman Cassandra. Under discussion, Mr. Cheney com- mented as far as we know, it is being resolved and the City is not liable. Motion carried 4-0. Approve revised standard contract form for execution between Palm Beach County and ~the City of Boynton Beach, which covers any Community Development Block Grant acti- vity funded by the City - 19 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 19.85 Mr. Vance referred to the City Manager submitting a memo and stated this is a normal agreement. Councilman Cassandra asked if the County Charter Government changed anything in this contract and Mr. Cheney replied negatively as this is required by the Federal Government· Councilman Warnke made a motion to approve this revised standard contract form for execution between Palm Beach County and the City of Boynton Beach covering any Community Development Block Grant activity funded by the City. Councilman Cassandra seconded and the motion carried 4-0. OLD BUSINESS Response to previous City Council requests for information: Speeding and truck complaint - S.W. 18th Street 11/7/84 Public Audience 2. S.W. 18th Street - Stop Sign - 11/20/84 requested Woolbright Road Pavement Marking - 11/20/84 Public Audience Landscaping Boynton Beach Commerce Center - 12/18/84 Public Audience Vice Mayor Ferrell stated the City Manager submitted reports covering these four categories. Councilman Cassandra referred to a memo not being included covering Item 4 and asked if the 75% coverage factor still applied and Mr. Cheney referred to a lot of things being promised, but advised we have to enforce the approved site plan saying 75% screening, which is not there yet. They have done a commendable job during the past two weeks. They have put in approximately 300 trees along the canal and in the parking lot, but there are still some areas not having 75% coverage. They are aware more is required. A C/O will not be issued until done. He also explained that we are concerned about the landscaping around each building in addition to the 75% coverage. Mr. Leo Feinstein told about the area to 23rd Avenue being rather well done; but at the opposite end, it is not done. He told about areas where additional trees could be used and also, they would prefer to have it sodded rather than just seeded. He also mentioned the levelling of the ridge and grading was not particularly satisfactory. Vice Mayor - 20 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 985 Ferrell informed him the City Manager will follow up on this. Mr. Cheney advised that the Boynton Commerce Center does not have the responsibility for landscaping along the Pylon property. Mr. Pete Esser, 1395 S.W. 17th Avenue, told about the area directly across from him being a disaster area. Mr. Cheney explained that the lake is a retention pond and the lake area must be finished in order to get a C/O on the building. That retention pond is needed for drainage of the first building. Vice Mayor Ferrell added that the staff will follow up on this. Vice Mayor Ferrell ascertained no additional information was needed on these items. NEW BUSINESS NONE ADMINISTRATIVE Domicile Law vs. County - Re: Registration Fees Councilman Cassandra stated he received a call from a local subcontractor who brought to his attention the cost of registering to do business in Boynton Beach. If they have a county license, then the city charges $2. If they are a Boynton Beach resident and also have a county license, the charge is $100 and it is called a domicile charge. He could not find this in the code book. We should be protecting businesses paying taxes in Boynton Beach; but with charging them a domicile registration fee, we are not protecting our citizens. M.r. Cheney stated he will get an answer for the basis of this charge. He added it is a complicated issue because of county registration and city registration, but he will submit a written report. Councilman Cassandra asked how soon the report would be ready and Mr. Cheney replied by the next meeting. Mr. Bob Johnson, Subcontractor, stated this is a very unfair tax. He is being punished for living in Boynton Beach. Vice Mayor Ferrell requested him to be present at the next meeting to hear the report. Approval of Four Construction Trailers at Forum Shoppes Construction Site Mr. Cheney recommended approval. Councilman Cassandra moved to approve, seconded by Councilman Warnke. No discussion. Motion carried 4-0. - 21 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1985 OTHER NONE ADJOURNMENT Councilman Cassandra moved to adjourn, seconded by Councilman Wright. Motion carried 4-0 and the meeting pro- perly adjourned at 10:05 P. M. CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk Recording Secretary (Three Tapes) - 22 - AGFA]DA January 2, 1985 CONSM~T A~NDA- ADMINISTRATIVE ® Se e e B. & H. SALR~ 2,000 Ft. of Tubing for Water Distribution Pay from Water & Sewer Revenue--401-333-533-60-51 "Bid Item" 1,060.00 e CITY OF BOCARATON First Quarter Payment of Fiscal 1984/85 for Cooperative Dispatch Center Pay from General Fund--001-211-521-40-79 75,962.00 e ~ CAR, INC. December Lease of 30 Golf Carts and Maintanance Pay from B.B. Rec.Fac.Rev.--411-726-572-40-99 2,218.50 DAVIS ~ER &WASTE INDUSTRIES, INC. Odophos Liquid No. 1 for Sewage Pumping Pay from Water & Sewer Revenue---401-352-535-30-65 9,340.00 DE BRATURF & INDUSTRIAL EQUIPMENT fi). Cushman 18 H.P. Riding Lawnmowerwith Diesel Engine Pay fremFederal Revenue Sharing---320-722-572-60-41 State Contract No. 515-63-84-1 6,999.00 ELPEX, INC. Tires and Tubes for Vehicle Service Pay frem Vehicle Service Fund---501-193-519-30-22 5,723.24 ERNST & KINNEY Professional services rendered through November 30,1984 Pay from General Fund-- 001-131-513-40-66 Pay from Water & Sewer Revenue--401-393-539-40-66 1,116.00 FECRAIIf~AYCOMPANY Annual rent for Lease of T~ndfor Beautification Purposes and Annual Signal Maintenance Fee Pay from General Fund--001-411-541-40-16 2,100.00 Third of four payments approved by Ccmm~nity Relations Board 11/14/84 and by City Council 11/20/84 Pay from Federal Revenue.Sharing--320-641-564-40-5A 1,09'9.01 e 10. 11. 12. 13. 14. 15. 16. 17 18. -2- HOIRAC INTERNATIONAL CORPORATION Oil and Lube for Vehicle Service Pay frc~ Vehicle Service Fund--50t-193-519-30-21 HEWT.R~f PACKARD Yearly Purchase Order for Service Contract to maintain and repair the "C~__~ Chrc~otograph,, at Water Treatment Plant. Pay frcm Water & Sewer Revenue--401-332-533-40-99 JAMES L. HIGHSMITH & CO. DS220 Printer for Finance Department Pay from General Fund--001-131-513-60-7B PALM BEACH ODUNTY SOLID HASTE AUTHORITY Use of County Landfill during the month of November, 1984 Pay from Sanitation Fund--431-341,534-40-9A PD/FTON GOLF, INC. Sweaters and Shirts for Pro Golf Shop Pay from Golf Course Fund---411-000-142-01-00 Board Dinner for 12/13/84 Pay from Publicity Fund--101-191-519-40-5H Electronic Legal Bulletin for Police Dept. per proposal Pay from General Fund--001-211-521-30-82 Council approved 12/18/84 RANGER CONSTRUCTION INDUSTRIES, INC. Cold Mix, Asphalt and Shellrock for Roads & Streets Pay from General Fund--001-411-541-30-4A S.I. nT~E COMPANY r.~e for Water Treatment Plant Pay from Water & Sewer Revenue--401-332-533-30-65 Medium Duty Hydraulic Puller Set per Bid Specifications Pay from Water & Sewer Revenue--401-332-533-60-42 Per bid 10/29/84, Council approved 11/7/84 1,887.98 1,524.00 1,364.00 42,659.63 1,853.71 8,461.18 12,500.00 2,698.47 11,816.53 1,301.15 -3- 19. SOUTH FLORIDA MACK TRUCKS, INC. For repair #60 Garbage Packer for Fire damage approved by insurance appraiser. Pay frcm 1983/84 Budget---001-000-247-41_00 20. ISIAH ANDREWS Driver for Senior Citizens Club 1 wk. Pay from Federal Revenue Sharing--320-641-564-40-5A Per Ordinance #73-15, passed 5/15/73 21. WIT.T.TE RUI~ M~3GRADY Server for Senior Citizens Club 1 wk. Pay frc~ Federal Revenue Sharing--320-641-564-40-5A Per Ordinance #73-15, passed 5/15/73 14,313.13 70.20 67.20 The bills described have been approved and verified by the department heads involved; checked and approved forpayment by the Finance Department. Grady ~~ Direct6r I therefore r~d payment of these bills. ~/l~eter L. Cheney, Cit'~ Manager COUNCIL APPROVED Date._/_~._~~ Per