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Minutes 12-20-83MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, DECEMBER 20, 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 Betty S. Boroni, City Clerk James W. Vance, City Attorney Mayor Warnke welcomed everyone and called the meeting to order at 7:30 P. M. He announced the Invocation this evening will be given by Reverend James Smith, First United Methodist Church, followed by the Pledge of Allegiance to the Flag led by Councilman Joe deLong. AGENDA APPROVAL Mayor Warnke stated under Ne~ Business, he would like to add Item C. Mr. Cheney requested two additions under the consent Agenda, Item J - Transfer of Cemetery Lot Ownership and Item K - Transfer of Alcoholic Beverage License relative to Alcatraz. Mr. Cassandra moved to adopt the agenda, seconded by Mr. deLong. Motion carried 5-0. ANNOUNCEMENTS Mayor Warnke~presented service awards to the following city employees: 25 Years - Pin and Bond Robert J. Shaw - Equipment Operator, Water Distribution 10 Years - Pin Richard Bean, Foreman III, Building Maintenance Dept. John Bynesr Equipment Operator II, Parks Department Eddie Denson, Equipment Operator III, Sanitation Dept Robert Eichorst, Sanitary Officer, Public Works Dept.' David Galloway, Sr. - Lift Station Maintenance Worker, Sewage Pumping Gordon Gregory - Lift Station Maintenance Worker, Sewage Pumping Perry Patterson - Firefighter/Driver, Fire Dept. Andrew Witek - School Guard, Police Dept. Helen Wright - Library Assistant, Library Michael Yura - Lift Station Maintenance Worker, Sewage Pumping Mayor Warnke announced that City Hall will be closed December 23rd and 26th for Christmas and January 2nd for New Years. - 1 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 MINUTES Regular City Council Meeting Minutes of December 6, 198~ Councilman Cassandra moved to accept the minutes as pre- sented, seconded by Councilman Wright. Motion carried 5-0. CITY MANAGER'S REPORT Mr. Cheney reported that we have not received anything offi- cial from the State Department of Transportation relative to the bridge in regards to the City. Today, all property owners received a nOtice in reference to their stopping acquisition of property. We did receive an engineering report from Rep. Messersmith's office which he will distri- bute tomorrow and the staff will prepare a report. The state has not written to us officially. PUBLIC AUDIENCE Mayor Warnke announced that anyone will be permitted to speak on an item not on the agenda. If anyone has a comment to make on any item on the agenda, please give their name to the City Clerk. Civil Service Annual Report - Chairman A1 Furia Mr. Furia enumerated the wide range of activities covered by the Civil Service Board. He advised the long awaited revi- sion to the Civil Service Handbook is now complete and should be ready for City Council approval within the next month or two. Mr. Furia stated they have also recommended several changes to the City Charter which requires referendum approval by the electorate. One of the changes concerns the nomination of Board members. They have recommended changing this to the first meeting after the annual elections instead of January. Another change is the Personnel Officer becomes the Personnel Director. Another change relates to the pro- bationary period for employees changes from six to twelve months, which it has been for several years. These are to create a more efficient administration. Mr. Furia advised that the Board also supervises administra- tion and scoring of civil service examinations given. This year, nine examinations for new employees and four promo- tional examinations were held. Also, the personnel office has a walk-in exam for policemen. Mr. Furia stated one of the most important duties of the Board is to conduct hearings when employees are dismissed, - 2 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 demoted or suspended. Three hearings have been held this year. The Board met several hours ago and received a request for a hearing for two additional employees dismissed last month. Mr. Furia concluded that this covers the major activities of the Board. It was a pleasure to serve the City and they look forward to serving the City in the future. Councilman deLong moved to accept this enlightening report from the Chairman of the Civil Service Board, Mr. A1 Furia, followed with a letter of thanks from the City Manager from the City Council for the splendid job they are doing. Mr. Zimmerman seconded the motion. No discussion. Motion carried 5-0. Public Audience Comments Mr. Paul Slavin, 2520 N. E. 1st Court, President of the VRG Owners League, Inc., referred to action taken at the last Council meeting on a traffic light at the intersection of 22nd Avenue and Seacrest and then submitted a petition in support of this traffic light. Mayor Warnke suggested possibly this petition should be taken to the County Commission and Councilman deLong suggested that Mr. Cheney should follow this up. Mr. Cheney advised that we do have a commitment from the County to put in a traffic signal when the traffic count warrants. He believes the direction now should be to do another study. He added that any time our citizens need and want service, they should remember the Board of County Commissioners meets and represents them. Mr. Slavin replied that he understands step 1 is to get the city's support and they will follow up with the County Commissioners in due time. Councilman Cassandra referred to discussing the possibility of Motorola, The Crossings and the Boynton Beach Mall getting involved and Mr. Cheney replied the best thing to do is to ask for another traffic survey and count. If the count is there, then the signal is warranted. This is a County responsibility. Councilman Wright added that after the last meeting, he did call Commissioner Koehler's office to follow through and also sent a letter to Mrs. Solomon thanking her for raising their concerns with a copy to Motorola and The Crossings. He thinks this petition is great and should be forwarded to the County Commissioners. At this time, Mayor Warnke recognized the presence in the audience of former Councilwoman Marilyn Huckle, former Mayor - 3 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 Gallo, and Director of the Chamber of Commerce Owen Anderson. CONSENT AGENDA A. Bids Boynton Beach Oceanfront Park - Recreation In accordance with the city Manager's memorandum dated December 20, 1983, it is recommended that the City Council award this construction contract to Twin Construction, Inc. Joint uniform Bid between'City of Boynton Beach, Delray Beach and Boca Raton The City Manager in his memo dated December 20, 1983, recom- mended that the joint bid results contained in the memoran- dum dated December 14, 1983, from Bill Sullivan be approved by the City Council. B. Approve authorization to dispose of records - Finance The Finance Director requested approval to destroy the records listed in his memo dated December 5, 1983, No. 40. C. Approve acceptance of Castoff Square Dance Club Donation A donation in the amount of $1,000 has been received from the Castoff Square Dance Club and credited to the Recreation Donation account. D. Payment of Bills - Month of November, 1983 See list attached. E. Approve change order for Shurly Contract on 10th Avenue Project The City Manager recommends approving this proposed change order in the amount of $1,340 resulting from work on N.E. 10th Avenue in connection with the utilities. This is work which could not be identified on the construction drawings prior to bidding since plans of existing utilities in this old portion of the city are not always accurate or complete. F. Approval of several utility projects The City Manager recommends approval of the following five utility projects as outlined in his memo of 12/20/83: - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 1. Depression in the rear of 1620 N.W. 3rd Lane 2. Repair job at 1145 S.W. 24th Avenue 3. Repair job at N.E. 23rd Avenue & 2nd Court 4. Repair job at S.W. 6th Street & 27th Avenue 5. Jack & bore project under Boynton Beach Boulevard in the area of Lawrence Road Report on procedure adopted for Threshold Building InspeCtions The City Manager submitted a proposed procedure to be exe- cuted by the City, the developer and the special inspector, which will be the format for the City to carry out its responsibilities under the terms of the new statute with his memo dated December 20, 1983. H. Approve request for Cemetery Refund Block C, Lot 18 Mr. William E. Ebner submitted a request to transfer this lot to Anthony Skura. I. Approval of Bills See list attached. J. Transfer of Cemetery Lot Ownership The Estate of Virginia F. Cooper submitted a request to transfer Lot 67, Block M, to Nordeak, Inc. K. Transfer or Alcoholic Beverage License~re: Alcatraz See request submitted. Councilman deLong moved to approve the City Manager's Consent Agenda, Item V, on the agenda including the addi- tions of Items J and K. Councilman Cassandra seconded the motion. Under discussion, Mr. deLong referred to Item A-2 and there being a dollar estimate of the savings and Mr. Cheney replied that we have started joint bidding with the cities of Boca Raton and Delray Beach because we think it is a great opportunity to save money. On this particular bid, it is estimated we will save at least $870. He told about other efforts along this line to save money. Mr. Cheney then referred to awarding the contract for beach reconstruction and explained the contract would be awarded only for the beach reconstruction as shown on the plan. It is anticipated this reconstruction will begin by the middle of January. The bids received were lower than estimated. He referred to the landscaping not being finalized and adVised this will be brought back to the Council. Motion carried 5-0. - 5 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 PUBLIC HEARING Approve request by Swinton Development Corporation, suc- cessor in title to the Summit Investment Corporation and the Gulf Stream Golf Club to annex an 11.39 acre tract of land into Boynton Beach located in Section 5, Township 46 South, Range 43 East; to amend the future land use element of the Comprehensive Plan to show annexed land as Low Density Residential and to rezone this annexed land from Palm Beach County RS to Boynton Beach R1AAB in part (2 acres) and R1A in part (9.39 acres) and to rezone a .57 acre tract of unin- corporated land from R1AAB to R1A. This property is loCated between Seacrest Boulevard and Swinton Avenue south of and adjacent to St. Joseph's Episcopal Church and School Mr. Tim Cannon informed the Council that the applicant is requesting annexation of this parcel. He pointed out the rezoning requested on this parcel. The applicant's intent Ks to establish a boundary between R1AAB and R1A to allow a more suitable lot and block pattern. A memo was submitted summarizing the Planning Department's evaluation of this application. This application is consistent with the Comprehensive Plan. The Planning Department finds the application and rezoning requests are consistent with the land use and zoning categories of. the City and County. It is not felt the zoning categories would be detrimental to the zoning of surroundin~ properties. The Planning & Zoning Board recommended apProval of this request for annexation including the ric for Seacrest BOulevard adjacent to this property. The for amending the future recommended that the re~ County RS to Boynton Be~ request to rez~one from R1A be denied. The Pla] rd recommended that the request use plan be approved. They st to rezone from Palm Beach R1AAB be approved, and the Beach County RS to Boynton Beach Zoning Board recommended that the parcel proposed to rezoned from Palm Beach County RS to Boynton Beach R1A be r~zoned instead to R1AAB. The Board recommended th:at the t to rezone from R1AAB to R1A be denied. He cl~arifie~ ~t the isSue is where this line bet- ween the R1A diistrict to %he east of Seac~est Boulevard and R1AAB west of Seacrest Boulevard should be drawn. Mr. Burl Gentry came before the Council to answer any questions. He adviSed they tried to prepare an illustration for expanding the application to show future intent illustrating how the property would be developed. The line was drawn at the top of the ridge between Swinton Avenue and Seacrest Boulevard. The developer feels these categories would be more suitable. - 6 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 Mr. Gentry then referred to comments made at the Planning & Zoning Board meeting and stated one referred to the access to Swinton Avenue contributing additional traffic. He showed the plan to align the road with S. W. 34th Avenue which would discourage through traffic from Seacrest Boulevard to Swinton Avenue. There was also reference to the lots backing on Swinton Avenue causing a problem, but the developer would buffer those lots with a berm or landscaping. Councilman Cassandra clarified that the problem is the demarcation point, but also to be considered is more homes can be built in the R1A zone than in R1AAB zoning. Mr. Gentry replied that the developer wishes to develop with the proper yield and it is not the maximum yield. Mayor Warnke declared the public hearing open. Mr. Wayne Puls, 831 S. W. 34th Avenue, stated his purpose in being here is to attempt to continue the beautification of the area known as the Lake Eden Estates area and proceed with that across the street to the natural ridge. There are 60 lots in total with 15 to be zoned R1AAB and 45 zoned R1A based on the plan proposed. 75% of the area will be houses with 1,250 square feet and the other 15 houses will have 1,800 square feet. He is familiar with this developer and knows they do good work. He is sure they have the ability to create a nice development, but the tendency is to go with the maximum number of lots. He urges the Council to adopt the recommendation from the Planning & Zoning Board to zone the whole area R1AAB. Mayor Warnke questioned the average square footage of homes on 34th Avenue and Mr. Puls informed him there is a deed restriction of 2,500 square feet, but most of the houses are larger. Dr. Gerald Skinner, 931 S.W. 34th Avenue, pointed out the natural demarcation lines of the zoning areas on the map and stated this applicant is asking to split the natural zoning area and not by one zoning level down, but to go down two levels. This does not seem logical when trying to maintain continuity of land in the area. When the Engineering Department did a fiscal feasibility study, they determined this area would generate about $28,000 in taxes. He thinks the City Council when looking at this $28,000 should con- sider the depreciation of taxes caused by the depreciation of taxes in the Lake Eden area. He recommends accepting the Planning & Zoning Board's recommendation. Mr. Charles Montafia, 801 S. W. 35th Avenue, showed the area as proposed with being bordered by R1AAB. He stated at the - 7 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 Planning & Zoning Board meeting, a presentation was made there should be transition from R1AAB to R1A on the east side of Seacrest Boulevard. He would find it acceptable to change that to 75% R1AAB and 25% R1A. If a road is directed through there, it will probably increase traffic on both Seacrest Boulevard and Swinton Avenue. The purpose of a road is for emergency purposes and a winding road would not be of much value. With access only from Swinton Avenue and 75% R1AAB and 25% RiA with access only from Seacrest Boulevard, he thinks would be most acceptable. Mr. William W. Klingshirn, Senior Vice President, Marvin Helf Organization, owners of the property, came before the Council. He advised they have requested zoning that would be compatible to the surrounding zoning and residents. They have conformed with the necessary requirements. They would be interested in developing a buffer area along Swinton Avenue if necessary and are trying to work with the adjacent property owners. They would also like to work with a ~ugh street from Swinton Avenue to Seacrest Boulevard. ~will conform to the residents' desires along with the y's desires. Mr. Klingshirn continued that one item which has been brought up consistently is the problem existing in step down zoning. A lot of times, your own restrictions have to be implemented within a classification. They propose to use strict deed restrictions. The strict deed restrictions are that the two rows of lots starting from the west would have a 2,000 square footage limitation to the size of the house. Rows 3 and 4 would be 1,600 square feet. Rows 5, 6 and 7 would be 1,300 square feet. The concern among most people ils whly would they jump from one extreme zoning to another. Iinitilally when buying the property, they came to the city a~nd asked for their recommendation which they adhered'to. I!t was felt R1A would be the process to use. They would not cioncelivably think of developing a site of this nature without step down zoning. The first row of lots exceed the requirement of R1AAB. They recommend the zoning be approved ais is with the deed restrictions. Vice Mayor Zimmerman questioned what assurance there would be that those deed restrictions would be implemented and Mr. Vance advised the City cannot rely upon deed restrictions as they are private as a substitute for zoning; the City must rely on zoning. Councilman deLong referred to quid pro quo and Mr. Vance replied this wasn't an exchange as he is saying he will do it and not asking for something in return. REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 Mr. Klingshirn asked if this plan would come back to the Council for final approval and Mr. Vance replied if the site plan has been approved at annexation, the City Council will not have any objection. They must comply with site plan review under the appropriate zoning granted to the property. Councilman Cassandra stated if they don't want annexation, they can stay in the County and b~ild under County stipula- tions, which have higher density factors. Mr. Cheney advised if they want water and sewer, they must annex. There is the issue of trying to develop R1AAB houses on Seacrest Boulevard when looking across the street and con- sidering the traffic. There may be a later plan proposed protecting the ridge, which would protect the people in Lake Eden. Mr. Klingshirn requested the rezoning request to be tabled and requested a continuation of the public hearing. Mr. Vance clarified that the request is to continue this at the January 17 meeting at 8:00 P. M. or as soon thereafter as possible. Dr. Skinner referred to the developers being offered con- tinuation at the Planning & Zoning Board meeting, but advised they requested to go ahead with the plan. He referred to the developer's plans for larger homes, but advised the property could be sold next week. He requests this to be voted on and another proposal submitted to the Planning & Zoning Board if necessary. Mr. Zimmerman asked if there was a time limit before resubmitting and Mr. Vance replied negatively. After further discussion, Councilman deLong moved to accept the recommendation of the Planning & Zoning Board in the memo to the City Manager from the Director of Planning dated December 14, 1983, on Page 1, Items 1, 2 and 3; and Page 2, Items 4 and 5. Councilman Cassandra seconded the motion. As requested, Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Nay Mayor Warnke - Aye Motion carried 4-1. Mr. Vance announced that the developer now has a choice - he can go with this or withdraw his petition for annexation. - 9 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 Mayor Warnke declared a recess and then reconvened the meeting at 8:50 P. M. DEVELOPMENT PLANS Approve preliminary plans for construction plans for Stonehaven Plats 1 and 2 submitted by Fred Roth, P.E. for the Satter Companies. Stonehaven Plats 1 and 2 are located south and west of Congress Middle School and provide for the construction of 166 single family homes and 288 multi homes. Mr. Cannon explained the type of housing units planned, size of lots, pointed out road locations, etc. He advised the Planning & Zoning Board unanimously recommended that the preliminary plats and construction plans be approved subject to staff comments. Also, the Board recommended that the City Council set $28,208.75 as the land value for recreation and parks dedication purposes. He then read the comments from the Engineering and Planning Departments. Mayor Warnke referred to the streets being private rights- of-way and Mr. Cannon agreed this was correct and they will be maintained by the homeowners' association. Mr. Vance asked if a representative of the developer was present and Mr. Fred Roth came forward. Mr. Vance asked if he agreed to all the staff recommendations and comments, primarily the value placed upon the land for recreation pur- poses and Mr. Roth replied affirmatively. Councilman deLong moved to approve the recommendation of the Planning & Zoning Board, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Approve preliminary plat and construction plans for the replat of Tract D1, Summit Plat 91 submitted by Charles Gilbert and Conrad Shaffer for Summit Associates, Ltd. This Preliminary Plat is located on the west side of the Hunters Run Golf and Racquet Club Mr. Cannon informed the Council this preliminary plat comes with a positive recommendation from the Planning & Zoning Board subject to staff comments. He showed the plat and pointed out the roads and utility locations. He read the staff comments from the City Engineer. Mr. deLong moved to accept the unanimous recommendation of the Planning & Zoning Board, seconded by Mr. Zimmerman. No discussion. Motion carried 5-0. Approve site development plans for the construction of Cambridge II being the replat of Tract D1, Summit Plat - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 submitted by Charles Gilbert for Summit Associates, Ltd. These plans provide for the construction of 25 duplex resi- dential units and recreational facilities on 18 acres of land Mr. Cannon referred to this being the site plan for the plat just approved and explained that duplexes were planned and pointed out the location of lakes, road, swimming pool, etc. He advised the Planning & Zoning Board unanimously recom- mended approval of these site development plans subject to staff comments and this was also approved by the Community Appearance Board last night. He read the staff comments from the Engineering and Utility Departments. Mr. deLong moved to approve the unanimous recommendation from the Planning & Zoning Board, seconded by Mr. Cassandra. Under discussion, Mr. deLong commented that the whole Council was in attendance at the Planning & Zoning Board meeting and have reviewed the background information. Motion carried 5-0. Approve request for annexation and zoning/Plaza West Mr. Cannon explained the location of the parcel. He advised that presently the parcel is partially developed with an office building and the southern portion is vacant. The Planning Department finds this application to be consistent with the policy of squaring off the City boundary and annexing parcels where city services are provided. Mr. James Gallo came before the Council and told about their plans to build additional office facilities. Mr. deLong asked if the zoning classification requested is compatible with the rest of the zoning and Mr. Gallo replied affir- matively and Mr. Cannon added this is compatible with surrounding development. Mr. deLong moved to forward this to the Planning & Zoning Board for their consideration. Mr. Cassandra seconded the motion. Under discussion, Mr. Cassandra stated it is his understanding the Planning & Zoning Board would have to agree on this C-1 zoning which we have not approved and Mr. Vance agreed that this would only approve the concept of annexation and would be referred to the Planning & Zoning Board for further action. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 83-39 Re: Pension Ordinance Amendment to Firemen's - 11 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 Mr. Vance read proposed Ordinance No. 83-39 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, 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%) PERCENT OF THE FUND ASSETS; PROVIDING A CONFLICTS CLAUSE~ A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Warnke asked if anyone in the audience wished to speak in favor of this ordinance and received no response. He asked if anyone wished to speak in opposition and received no response. Councilman deLong moved adoption on second and final reading of proposed Ordinance No. 83-39, seconded by Vice Mayor Zimmerman. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Motion carried 5-0. Proposed Ordinance No. 83-41 - Re: Establishing a Redevelopment Trust Fund and authorizing Tax Increment Financing (Tabled) Mr. Cassandra moved to remove this from the table, seconded by Mr. deLong. Motion carried 5-0. Councilman deLong stated he would like to add two stipula- tions for the record, which are only reminders. He moves to have the following stipulations a matter of public record: 1) The mangrove location in the downtown redevelopment area shall not be disturbed without permission from the appropriate controlling government agency. 2) There shall be no exceptions to the city's building height limitations of forty-five (45) feet without approval of the electors by referendum. - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 Mr. Cassandra seconded the motion and the motion carried 5-0. Mr. Vance read proposed Ordinance No. 83-41 by title: AN ORDINANCE OF THE CITY OF BOYNTON BEACH ESTABLISHING 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 this ordinance on second reading under public hearing. Mr. James Gallo came forward stating that he would like to speak in favor of this ordinance as he is concerned it might get tabled again or voted down. He thinks it is a vitally important ordinance and should be passed to show the Council's support of the Community Redevelopment Agency and the efforts going on now to redevelop the downtown area. He thinks the program which has been undertaken to develop the downtown area is critical to the growth of Boynton Beach. It is a super program which is being proposed. It was voted favorably on at the last Community Redevelopment Agency meeting. He thinks the Council should give the Agency and the property owners support by voting in favor of this. Mr. Stormet Norem, Chamber of Commerce, referred to the Chamber of Commerce starting the movement of revitalization of the downtown area and stated the City formed the Community Redevelopment Agency. They are very much in favor of going through with the plan and establishing tax incre- ment financing. He explained how the bridge issue did not have that much bearing. He requested the Council to recon- sider their tabling action and go forward with this tonight, so they can take advantage of a whole year of tax increment financing. If the bridge has to be relocated, there should be funds in the redevelopment trust to make the necessary changes. The Chamber of Commerce is in favor and supports this ordinance. Councilman deLong stated there is a memo from the City Manager which should be made a part of the public record dated November 1, 1983, when the downtown development reviewed the whole situation. Attorney Michael Haygood came before the Council and stated this ordinance establishes a base for the trust fund. They - 13 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 should not lose sight of the fact there will be another year before money starts coming in. This only allows the City and the Redevelopment Agency to establish a base this year. If the Council reconsiders and wants to stop redevelopment of the downtown area, they can stop at a later date. If this ordinance is not passed tonight, they will lose one year of monies coming into the trust fund. This is not any type of commitment on the Council's part. He thinks it would be short-sighted if the Council does not pass this tonight. Mr. Hank Thompson, Chairman of the Community Redevelopment Agency, stated he is in favor of this ordinance and can live very happil~ with the stipulations. Mayor Warnke ascertained nobody else wanted to speak and declared the public hearing closed. Councilman deLong moved the adoption of Ordinance No. 83-41, seconded by Councilman Wright. Under discussion, Mayor Warnke stated on tax increment financing and the trust fund, the opinion from the City Attorney's office is as long as there are any outstanding obligations from the Community Redevelopment Agency present and future, the City Council would be obligated. Also, we do not have a plan. We do not know the status of the bridge. He feels any decision on this matter would be premature. Mayor Warnke then read the following: "The City and the Community Redevelopment Agency have been hit below the belt by the Florida State Department of Transportation's decision to renew studies relating to the improvement of the Ocean Avenue bridge as opposed to the Boynton Beach Boulevard site. "It is very unfortunate to hear of these new decisions when the City and the CRA have spent thousands of dollars planning on the promise by the state to build a new bridge. The focal point of the plan is destroyed. "I, and I am sure most of you, feel like a bridegroom waiting at the church for a bride who has changed her mind and does not even have the courtesty to send a note. I am especially upset by learning that these decisions were made two months ago in secret. "I think that at the present time we must tread water, so to speak. We have been told by the press only that we will know in about six months what the state vacillators will do. That final decision will be rather academic as we - 14 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 are also told by the press only that funding will not be available until 1987 or 1988. I have been unable to get through to the state offices to verify any of the above. "It is extremely important to plan for the future on all fronts of civic improvement, however, we cannot plan until we know the parameters guiding our decisions. "I would strongly urge the CRA at this time to suspend operations until such time as the DOT makes up it's collec- tive mind as a state agency about what is best for local government. There is no other choice. When we know what direction that can be taken in the future, then we can renew and go forward. At the present time, we are drifting without a sail or a rudder." Councilman Cassandra stated: "At the December 6th Council meeting, I presented some reservations I had on TIF before I would endorse the second reading. They were: 1. Height Restriction 2. Autonomous Operation 3. TIF Implementation "Contrary to opinion, I do not make statements without doing my research. Therefore, for the record: Height Restriction - From CRA minutes of June 23, Mr. Scheiner opposes anything that goes above four stories in this community. Capt. McKone thought a two story hotel has been recommended by all of the young people that they had in the downtown contest. Chairman Thompson's point was whether or not it would be economically feasible and good for the community as a whole. Mr. Combs sympathized with Mr. Scheiner's thinking, but thought they needed a free hand to do what they saw fit to do, with the Agency's guidance and blessing down the road. Well, we came down the road and the height restriction was not addressed. Autonomous Operation - Legal opinion, November 10, presented by Mr. Haygood, Attorney for CRA. - 15 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 Quote: 'However, the restriction does not in- clude the approval of the operating budget of the Agency.' I am concerned with the amended statute 163.387 - 6a thru f, as far as what their budget can entail. Minutes of April 14, Attorney Haygood has dis- cussed with Chairman Thompson earlier in the year the question of some ordinances being passed by the city, actually specifying the powers of the agency, as the statute is not very well written. Attorney Haygood said he talked to Chairman Thompson about what time the agency would want to approach the City Council and define the Agency's authority. Currently, they are very broad. Chairman Thompson answered about two or three months. To date, nothing has come in front of this Council. 3. TIF Implementation Time - Comments from City Manager, July 28, CRA meeting - Quote: 'If we miss this year on tax increment financing, it would not be too major. Mr. Cheney referred to the base as it concerns the downtown area and did not think it was going to significantly grow between January 1983 and January 1984. Therefore, if we don't get tax increment financing started this year, it would not be too big of a problem.' "Now, I raised the same question that Sam Scheiner did on height. I asked the same question on agency authority that Attorney Haygood advised the agency to address, and I asked what is the big hurry on TIF implementation that the City Manager implies would not create too big a problem - and when I asked the same questions - well, you saw the reaction. "Now, Chairman Thompson is concerned and wants from the Council a 'vote of confidence' and the full support for downtown development. The question of 'vote of confidence', has never been a problem for any board members. But the question of 'full support' implies to me that the Council cannot disagree with CRA, and I will not give up my preroga- tive of disagreement. - 16 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 "Mr. DeSantis of Urban Design implied at the December 15 CRA meeting that the success of downtown depends on the bridge, with hotel and waterway as second and third priorities. "Because of the importance of the bridge to CRA, it also becomes important to the Council. Therefore, when CRA makes its final recommendations to the Council, the following issues should be addressed: What alternates, if any, do you have for 'the bridge, hotel height, and waterways, if either can't be built or all three? I want the Agency's powers explained in more detail. "The City Attorney and the City Manager state that the TIF funds cannot be spent until the downtown plan is adopted by the Council. So, I'll wait until then to make final judgement and will vote in favor of TIF tonight." Councilman Wright stated when he attended the meeting last week, he noticed some citizens had reservations regarding the plan in final form. We should not hold up progress. We should move forward. The citizens who have problems, perhaps were not heard when making appeals before the CRA. Their concerns can be made known to the Planning & Zoning Board. He spoke with a few people and encouraged them to continue to ask for what they want to see in the plan. He thinks we s~ould move forward. We have expended money and time. Councilman Cassandra added that we have invested nearly $60,000 into this program. He thinks it should have a chance to finish. It will be presented for our final recommendation. As requested, Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Nay Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Motion carried 4-1. Proposed Ordinances Nos. 83-46, 83-47 & 83-48 - Re: Annexation, Amend Land Use Element and Rezone - Melear Property - 17 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 Mr. Vance announced that these three ordinances would have to be postponed as we have not yet received the county con- sent resolution back yet. Mr. deLong moved to postpone until January 17, seconded by Mr. Zimmerman. Motion carried 5-0. Proposed Ordinance No. 83-38A - Re: M-1 Light Industrial Zoning Mr. Vance read proposed Ordinance No. 83-38A by title: 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 ~QUIPMENT, 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 SUBSECTION 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 STRUCTURE. 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. ENVIRONMENTAL 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. Mayor Warne asked if anyone wished to speak in favor of this proposed ordinance. - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 Mr. Stormet Norem stated the Chamber of Commerce is very much in favor of M-1 light industrial zoning. Mayor Warnke ascertained nobody wished to speak in opposi- tion and declared the public hearing closed. Councilman deLong moved adoption of Ordinance No. 83-38A on second and final reading, seconded by Councilman Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Motion carried 5-0. Proposed Ordinance No. 83-50 - Re: Spacelink Cable TV Franchise Mr. Vance read proposed Ordinance No. 83-50 by title: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, GRANTING A NON-EXCLUSIVE LICENSE TO SPACELINK OF FLORIDA, LTD. TO OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN CERTAIN AREAS OF THE MUNICIPAL LIMITS OF THE CITY OF BOYNTON BEACH; PROVIDING THE TERMS OF SAID LICENSE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Warnke ascertained nobody desired to speak either for or against this proposed ordinance and declared the public hearing closed. Councilman deLong moved the adoption on second and final reading of Ordinance No. 83-50, seconded by Vice Mayor Zimmerman. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Motion Carried 5-0. - 19 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 Proposed Ordinance No. 83-51 - Re: Comply with House Bill 742 establishing uniform election procedures and dates Mr. Vance advised there have been some typographical changes, but no substantial modifications. The nominating petition is now retained in the ordinance with 25 signa- tures. The fourth Thursday should read the last Thursday in March. On Page 2, section 2, the title primary should be deleted. He then read proposed Ordinance No. 83-51 by title: 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 PROVIDE THAT COUNCIL MEMBERS SHALL TAKE OFFICE ON THE LAST THURSDAY IN MARCH; BY AMENDING SECTION 138 OF THE CITY CHARTER AMENDING THE NOMINATION PROCEDURE AND TO PROVIDE A PROCEDURE FOR REGISTRATION BY CANDIDATES; BY AMENDING SECTION 139 OF THE CITY CHARTER TO PROVIDE FOR GENERAL AND RUN-OFF ELECTIONS; BY AMEND- ING SECTION 141 OF THE CITY CHARTER TO PROVIDE 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 AMEND- ING SECTION 2-42 OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, TO BE IN CONFORMANCE WITH THE ABOVE REFERENCED CHARTER AMENDMENTS; 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. The Mayor received no response when he asked if anyone in the audience wished to speak in favor or opposition to this proposed ordinance and then declared the public hearing closed. Councilman deLong moved adoption of proposed ordinance No. 83-51 on second and final reading, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Motion carried 5-0. - 20 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 Ordinances - 1st Reading Proposed Ordinance No. 83-52 - Re: Amend Land Use Element - Lake Worth Christian School Mr. Vance read proposed Ordinance No. 83-52 by title on first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY, BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY LOW-MEDIUM DENSITY RESIDENTIAL TO BOYNTON BEACH LOW DENSITY RESIDENTIAL; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. deLong moved adoption of proposed Ordinance No. 83-52 on first reading only, seconded by Mr. Cassandra. Under discussion, Vice Mayor Zimmerman referred to the annexation ordinance for this property being numbered 83-49 and asked if there would be any complications and Mr. Cheney replied negatively as this is for the land use amendment. Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Motion carried 5-0. Proposed Ordinance No. 83-53 - Re: Rezone - Lake Worth Christian School The City Attorney read proposed Ordinance No. 83-53 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 INTO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE, AS R-1AA, SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. - 21 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 Councilman deLong moved adoption of proposed Ordinance No. 83-53 on first reading only, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Motion carried 5-0. ~roposed Ordinance No. 83-54 - Re: Revised Election Code Mr. Vance informed the Council that the title may have to be shortened slightly, which will be a non-substantial change. We may also have to add the words yes or no. This can be done prior to second reading. However, prior to first reading, the Council needs to establish districts. Mr. Cheney added that the Council must decide if they want the districts as proposed. Mr. Vance added that first reading can be postponed. Mr. Cassandra asked if there was enough time to get it on the ballot and Mayor Warnke replied affir- matively as it must be to the Supervisor of Elections by February. Mr. Cheney clarified that before moving to postpone, direc- tion must be given how to change the district lines. He has no basis to go back to change these lines. Councilman Wright suggested discussing this further in a workshop meeting. Mr. deLong questioned his objections and Mr. Wright replied that he does not like the districts as pro- posed and will submit a written recommendation. Councilman Cassandra moved to postpone this to the January 3rd meeting at 7:30 P. M. or as soon thereafter as possible. The motion was seconded and carried unanimously. Amendment of Agenda Councilman deLong referred to a request for a decision on the hours of the bars on New Year's Eve not being included on the agenda and requested the agenda to be amended to put this under Legal - Other. Mr. Zimmerman seconded the motion and the motion carried 5-0. Proposed Ordinance No. 83- Re: Amending Organizational Chart relative to Occupational Licenses Mr. Cheney referred to submitting a memo dated December 20. He added that recently we had a change in personnel in the - 22 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 Occupational Licensing Division, which has been operating under the City Manager's Office since 1979. With the retirement of the clerk in the Licensing Department, he would like to take this opportunity to move this department under the Building Department. He thinks the Building Department is a better place for it. It is more related to the Building Department rather than the City Manager's Office. If the Council agrees with this recommendation, he will come back at the next meeting with a followup to his suggestion as to why we can benefit the Building Department by this change. The Building Department is in a jam with the increase in building permits. He would like to reduce the classification of the Occupational License Clerk and will come back with a specific recommendation and develop two people for additional help in the Building Department and he explained. Councilman Cassandra referred to reducing the grade of the present clerk and asked if this meant reduced pay and Mr. Cheney replied affirmatively. Mr. Vance added that from his personal knowledge, most of the large cities typicall~ put this job in the Building Department. Mr. Cassandra clarified that he was not disagreeing in concept, but was questioning if this would hurt somebody. Mr. Cheney clarified that this position has become vacant with the Occupational Clerk retiring. Mr. deLong moved to approve this request of the City Manager and instruct the City Attorney to prepare the appropriate ordinance. Mr. Wright seconded the motion. Motion carried 5-0. Proposed Ordinance No. 83-55 - Re: Amend charter re: Civil Service Board Mr. Vance read proposed Ordinance No. 83-55 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY AS ADOPTED BY THE FLORIDA LEGISLATURE AND BEING KNOWN AS CHAPTER 61-1889, SPECIAL LAWS OF FLORIDA AS AMENDED, PROPOSING AMENDMENTS TO THE CHARTER THAT SHOULD ORDINANCE NO. 83-55 BE ADOPTED BY THE ELECTORS AT THE MARCH, 1984 ELECTION AS FOLLOWS: BY AMENDING ARTICLE IV-A. MERIT SYSTE~ FOR PERSONNEL, SECTION 12o4(a) OF T~E CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, TO SPECIFY THAT CIVIL SERVICE BOARD MEMBERS SHALL BE APPOINTED BY THE CITY COUNCIL AT THE FIRST MEETING AFTER THE ANNUAL MUNICIPAL ELECTION AND THAT THE CIVIL SERVICE BOARD MEMBERS ELECTED BY THE MEMBERS OF THE CIVIL SERVICE SHALL BE ELECTED ON OR ABOUT THE SAME DATE; BY - 23 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 AMENDING ARTICLE IV-A. MERIT SYSTEM FOR PERSONNEL, SEC- TION 72.4 OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, BY ADDING A NEW SUBSECTION (b.1) TO PROVIDE THAT THE FIVE CIVIL SERVICE BOARD MEMBERS SHALL APPOINT TWO (2) ALTERNATES TO SERVE AT LARGE FOR A PERIOD OF ONE YEAR, SAID ALTERNATES TO SERVE IN THE EVENT OF THE DEATH, DISQUALIFICATION OR ABSENCE OF ANY OR ALL OF THE REGULAR OR ALTERNATE MEMBERS OF THE BOARD; PROVIDING A BALLOT TITLE; PROVIDING THE OFFICIAL SUBSTANCE OF THE AMENDMENT TO BE PLACED ON THE BALLOT; DIRECTING THE CITY CLERK TO SUBMIT A CERTIFIED COPY OF THE ORDINANCE TO THE SUPERVISOR OF ELECTIONS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman deLong moved adoption of proposed Ordinance No. 83-55 on first reading only, seconded by Councilman Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Motion carried 5-0. Proposed Ordinance No. 83-56 - Re: Amend City Charter Re: City employee probation status and reference to Personnel Director Mr. Vance read proposed Ordinance No. 83-56 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE IV-A. MERIT SYSTEM FOR PERSONNEL OF THE CHARTER OF THE CITY OF BOYNTON BEACH BY AMENDING SECTIONS 72.3, 72.6, 72.9 AND 72.12 OF SAID ARTICLE TO CORRECT A DESIGNATION TO THE "PERSONNEL OFFICER" WHICH SHOULD BE DELETED AND CORRECTED BY REPLACING IT WITH THE DESIGNATION "PERSONNEL DIRECTOR"; BY AMENDING SECTION 72.2. STATUS OF PRESENT EMPLOYEES BY CORRECTING THE PROBATIONARY PERIOD OF EMPLOYEES IN THE CLASSIFIED SERVICE TO CORRECTLY SHOW THAT SAID PROBATIONARY PERIOD IS FOR TWELVE (12) MONTHS RATHER THAN THE DESIGNATED SIX (6) MONTHS; BY PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. deLong moved adoption of proposed Ordinance No. 83-56 on first reading only, seconded by Mr. Zimmerman. Under - 24 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 discussion, Mayor Warnke questioned the thinking behind changing this period from six to twelve months and Mr. Cheney replied that twelve months has been in practice for some time and is a fairer period of time. Mr. Wright questioned how many reviews are givin within the one year period and Mr. Cheney replied that it varies according to the department and position. Mrs. Boroni then took a roll call vote on the motion as follows: Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Motion carried 5-0. Resolutions Proposed Resolution No. 83-RRRR - Re: Opposing any amendment relative to the placement of mobile homes in any and/or all areas zoned for residential use Mr. Vance read proposed Resolution No. 83-RRRR by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, EXPRESSING OPPOSITION TO ANY AMENDMENT TO CHAPTER 553, FLORIDA STATUTES, OR ANY OTHER CHAPTER OF THE FLORIDA STATUTES WHICH WOULD PERMIT THE PLACEMENT OF MOBILE HOMES IN ANY AND/OR ALL AREAS ZONED FOR RESIDENTIAL USE Mr. deLong moved the adoption of proposed Resolution No. 83-RRRR, seconded by Mr. Cassandra. Under discussion, Mayor Warnke advised this came from the Palm Beach County Municipal League Executive Board and it has been passed by Lake Worth. He requests the City Clerk to forward a copy to the Florida League of Cities. Mrs. Boroni then took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Motion carried 5-0. - 25 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 Other Approve acceptance of easement from Sunbelt Properties, Ltd. Re: Municipal Golf Course Councilman deLong moved to accept this easement, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Annexation Referendum for Ballot (Straw Ballot) Councilman deLong referred to this giving north/south boun- daries and stated he thinks county pockets should be included within the city limits. Mr. Vance replied that he thinks that is permitted and it says north/south direction and not boundary, so it would permit annexation of pockets. Mayor Warnke questioned why "vacant" was included and Mr. Vance replied this could be eliminated. Councilman Cassandra referred to suggesting putting in Lawrence Road on the west and Hypoluxo Road on the north and stated possibly there is some reason why it was left out. Mr. Cheney informed him that Hypoluxo Road is the reserve limit and the canal south of Hunters Run is the reserve limit, but we can go past Military Trail to the west. Mayor Warnke summarized that regardless of the wording, he thinks we will be given what the public wants. Mr. Cheney stated this will be put in ordinance form and presented at the next meeting. Approve Utility Service Agreement - Westside Baptist Church Mr. deLong moved to accept this recommendation, seconded by Mr. Cassandra. Under discussion, Mr. Cheney added that this is within the Lawrence Road corridor and cannot be annexed because it is not contiguous. Motion carried 5-0. Approve agreement with Palm Beach County Community Development for Cherry Hills Mr. Cheney referred to Community Development money coming to the City through Palm Beach County and explained how various projects are planned and approved with implementation following. It is recommended that forthcoming funds in the approximate amount of $200,000 be used for N. W. 13th Avenue. This has been approved in concept. He told how 13th Avenue relates to a number of public improvements put in by the County Housing Authority. - 26 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 Councilman deLong moved to approve and execute the agreement with Palm Beach County Community Development for Cherry Hills, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Discussion of procedure to be followed when City Manager is temporarily absent Councilman deLong stated in looking over the memo that the City Attorney sent to Councilman Cassandra, there are a few things which he questions. Section 2-31 of the City Code is all right the way it is written as long as it is abided by. However, there are some things which raise a doubt in his mind insofar as charter provision 72.13. There is an.ordi- nance on Section 2-31 and the code overrules the charter provision. He thinks something has to be done if we are guided by the code of ordinances under 2-31. He agrees the City Manager's leave must have the approval of the City Council, but never once has the City Manager asked the City Council approval to leave. Mayor Warnke stated in order to comply with this provision, usually the City Manager knows in advance when he will be out of town and this could be included as a matter on the agenda. Councilman deLong agreed and stated he thinks the Council should be notified. Mr. Vance suggested that the Council advise the City Manager what they consider a temporary absence which would require designation by letter and Mr. deLong replied even if he leaves for a day or so, he believes every.member of the Council should be aware of this. Councilman deLong requested a clarification of the dif- ference between 72-13, which is a charter provision, and code provision section 2-31 and which supersedes the other. After discussion pertaining to the personnel merit system, Mr. Vance replied that it is his opinion that 72-13 relates only to the merit system and certain duties imposed upon the City Manager. Mr. deLong referred to having the same provi- sion in 2-31 and Mr. Vance disagreed because certain duties are imposed under Article 4A and there has to be someone to take his place. Mayor Warnke suggested that in the future, until we are shown otherwise, that any time the City Manager is going to be absent from the City for a period of 48 hours that he submit a memo to the City Council for approval. Mr. Cheney stated that he has copies of memos written to the City - 27 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 Council and it has been on the agenda when he was out of town for a day or more. Mr. deLong moved that section 2-31 be strictly abided by and the City Council be guided by the rules. Mr. Cheney requested clarification of temporary absence and Mayor Warnke replied that possibly Mr. Vance will come up with a solution. He added that absence means when the City Manager is not available to administer to his duties. Mr. Vance advised the City Council can tell the City Manager what they think his absence is of enough duration that he should comply. Mayor Warnke commented it would be if the City Manager is not available to make decisions within a reaso- nable amount of time. After further discussion, Mr. deLong requested that it be inclUded in the motion that approval of the City Council will be required for over 48 hours absence. Mr. Wright seconded the motion. Mayor Warnke clarified that the motion is that at any time the City Manager is absent for more than 48 hours, he should have Council approval. Under discussion, Mr. Wright asked if this meant the Council should be notified an writing or the secretary could call the members. Mr. Cheney referred to putting it on the Council agenda and discussion followed. Mr. deLong suggested that the section be rewritten to clarify this. The second and motion were then withdrawn. Request for Decision on Holiday Bar Hours Mr. deLong referred to a memo from Mr. Cheney regarding the sale and consumption of alcoholic beverages and explained how the ordinance differed from the referendum question. Mr. Cheney explained how the ordinance passed was more restrictive than the referendum item. Mr. deLong referred to the will of the people and Mr. Vance replied that the City Council expressed the will of the people when adopting the ordinance. Mr. deLong stated that it should have included that it would not apply on January 1 and asked if anything could be done and Mr. Vance replied negatively. OLD BUSINESS NONE NEW BUSINESS Authorize added expenditure of funds for improvement to FEC crossing at N.E. 10th Avenue - 28 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 Mr. deLong moved to approve this recommendation, seconded by Mr. Zimmerman. No discussion. Motion carried 5-0. Congress Avenue and S.W. 30th (North Charter Drive) and Traffic Signal Installation Mr. Cheney informed the Council that it is proposed to change the name of Charter Drive to 30th Avenue. Mr. deLong moved to accept this information and place on file, seconded by Mr. Cassandra. No discussion. Motion carried 5-0. Membership - U. S. Conference of Mayors Mayor Warnke referred to this membership being turned down in previous years and advised that a bill was received in the amount of $1,265. He would like to have the Council's approval to send this back. Mr. deLong asked if there were any benefits and Mayor Warnke replied negatively. Councilman deLong moved to send this bill back noting disapproval by the City Council, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. ADMINISTRATIVE Approval of City Council Member to attend Florida League of Cities Meeting in February Mr. Cheney informed the Council that if any member wants to go to this meeting in Tallahassee, reservations need to be made. Mayor Warnke replied that Councilman Wright will attend. Mr. Cheney advised the Mayor should go to represent the city. This meeting is when the League establishes a legislative program for the year. It should also be con- sidered whether the Vice Mayor should attend. Councilman deLong moved that the Mayor, Vice Mayor and Councilman Sam Wright should go, seconded by Mr. Zimmerman. No discussion. Motion carried 5-0. ADJOURNMENT Mayor Warnke wished everyone a happy holiday. Mr. deLong moved to adjourn, seconded by Mr. Cassandra. Motion carried 5-0 and the meeting was properly adjourned at 10:40 P. M. - 29 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1983 CITY OF BOYNTON BEACH, FLORIDA f or - U Vice Mayor Counc i lman ATTEST: /~ J .... ~./ ' Counclan~ /' City Clerk Recording Secretary (Three Tapes) - 30 - AGENDA December 20, 1983 .... CONSENT AGEbTDA - ADMINISTRATIVE Approval of Bills: A.O.B. Underground Est. %1 Roadway and Utility Construction N.E. 22nd. Ave. and sewer extension on N.W. 8th. St. Pay from Utilo Cap. Improve. Fund 404-000-169-01-00 $14,728.68 ' 404-000-169-11-00 5,117.16 Hector Turf & Garden t -- 72" Flail Mower per bid specifications. Pay from B.B. Rec. Facility Constr. Fund 415-000-169-41-00 Per bid 10/10/83, Council approved 10/18/83 $ 19,845.84 1,895.00 IoB.M. Corporation Rental for Noven~er, 1983 for systems 34 Pay from General Fund---001-133-513-40-21 5,381.00 KamDlex, Inc. 20" Water Main Extension at N.E. 10th. Ave. and Railroad Ave. Pay from General Fund---001-000-115-87-00 Council approved 9/6/83 10~ Reimbursable Community Development 9,839.25 Se Ranger Construction Industries, Inc. Cold Mix and Asphalt II for Water Dist./Roads & Streets Pay from General Fund---001-411-541-30-4A $1804.82 Pay from Water & Sew ---40!~333-533-60-5A 86.52 1,891.34 Russell & Axon Professional services rendered on various projects. Pay from Utility General Fund 403-000-169-01-00---$9,842.93 403-000-169-11-00--- 7,989.15 17,382.08 0 South Central Regional Wastewater Treatment Board Services rendered in connection with treatment & disposal of wastewater for month of November, 1983. Pay from Water & Se~r---401-353-535-40-9I 60,072.10 -2- 10p 11. 13. South Central Regional Wastewater Treatment Board City' portion of bills due Regional Board Pay from Utility General Fund---403-000-169-11-00 R. J. Sullivan Corp. Est. %6 San Castle/St. Andrews Part A for period 10/15/83 through 11/15/83. Pay from Util. Cap. Improve.---404-000-169-11-00 Trail Ford Tractor Co. 1 Tractor/Front End Loader per bid specifications Pay from B.B. Rec. Facility Constr. Fund 415-000-169-41-00 Per bid 10/10/83, Council approved 10/18/83 James W. Vance~ P.A.. Re: Campbell v. Choctaw Construction, et al. For~professional legal services rendered Pay from General Fund---001-141-514-40-61 Willie Ruth McGrady Server for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance %73-15, passed 5/15/73 Isiah Andrews Driver for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 $ 12,822.32 20,505.16 9,994.00 1,218.75 134.40 140.40 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Grady W. Swann, Finance Director I therefore recommend payment of these bills. Peter L. Cheney~Lager RUSSELL & AXON Established in 1920 Engineers · Planners · Architects Incorporated Mr. Peter L. Cheney, City Manager~~ City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33435 December 12, 1983 STATEMENT Summary of Russell & Axon Invoices for Professional Services for City Council Approval. For Miscellaneous Engineering Services, Invoice No. 106 - 626-681-01-4/00611 Authorization dated December 9, 1978 For Wells 17 - 22 & Raw Water Main Invoice No. 7 626 681-60-3/00622 - Professional Services, Authorization dated September 19, 1980 $ 1,043.20 1,496.49 For Wells 17 - 22 & Raw Water Main Invoice No. 12 626-681-60-6/00623 - Resident Inspection, Authorization dated September 19, 1980 2,643.25 For P.S. & F.M. - San Castle/St. Andrews Invoice No. 6 - 626-681-62-3/00625 - Professional Services, Authorization dated May 6, 1981 - 75% Reimbursable from EPA 1,655.42 For P.S. & F.M. - San Castle/St. Andrews Invoice No. 6 - 626-681-62-6/00627 - Resident Inspection, Authorization dated May 6, 1981 75% Reimbursable from EPA 5,423.17 For N.E. Area Water Main Invoice No. 2 - 626-681-64-6/00633 - Resident Inspection, Authorization dated July 8, 1981 3,255.35 For Western Well Field - Test Well Program Invoice No. 2 - 626-681-68-4/00635 SFWMD Permit Application, Authorization dated March 18, 1982 1,865.20 GRAND TOTAL THIS STATEMENT $17,382.08 TCB/rb cc: Perry A. Cessna COL$~, Betty Zobel Finance R&A Fi 1 es ~e~t~ 110 EAST ATLANTIC AVENUE · SUITE 414 W · DELRAY BEACH, FLORIDA 33444