Loading...
Minutes 02-07-84MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, FEBRUARY 7, 1984 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 called the meeting to order at 7:30 P. M. He announced the Invocation this evening will be given by Rev. Voris Brookshire, Pastor, First united Presbyterian Church, followed by the Pledge of Allegiance to the Flag led by James Vance, City Attorney. He requested everyone to please rise. AGENDA APPROVAL Mr. Cheney advised that he has an additional bill for payment under the Consent Agenda from Certified Welding Engineers in the amount of $5,050. Also, under Legal, he wants to delete Resolution No. 8 because this is covered by an amendment to an ordinance and is not necessary to be covered with a resolution also. Mr. deLong moved the adoption of the agenda with this dele- tion and addition, seconded by Mr. Wright. No discussion.~ Motion carried 5-0. ANNOUNCEMENTS Mayor Warnke announced there will be a special City Council meeting a week from this Thursday on February 16 at 7:00 P.M. for the purpose of validating the nominating petitions and announcing the coming election. (See page 32 for corrected time.) Also, on this date at 7:30 P. M., there will be a meeting of the Community Redevelopment Agency. Mayor Warnke stated the A.A.R.P. is conducting a tax assistance program on the second floor of City Hall on February 1, 1984 through April 13, 1984, on Monday, Wednesday and Friday from 9:00 A.M. to 4:00 P.M. for anyone feeling they are in need of assistance with income tax. Proclamations Mayor Warnke read a Proclamation proclaiming Saturday, February 11, 1984, as "Inventors Day". The Mayor read a Proclamation proclaiming February 17 and 18, 1984, as "Poppy Days". - 1 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 A Proclamation was read by the Mayor proclaiming March 2nd through March 4th, 1984, as "Boynton's G.A.L.A. (Boynton's Great American Love Affair)". Mayor Warnke announced that City Hall will be closed on Monday, February 20, 1984, in observance of Washington's birthday. MINUTES _Regular City Council Meeting Minutes of January 17, 1984 Councilman deLong moved the adoption as submitted, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Special City Council Meeting Minutes of January 24, 1984 Councilman deLong moved the adoption as submitted, seconded by Vice Mayor Zimmerman. No discussion. Motion carried 5-0. CITY MANAGER'S REPORT Beach Construction Project Mr. Cheney referred to the beach construction project having started and told about there being a little confusion the first day or two. He advised it has been resolved and the people understand and have been cooperative. Spraying of Canals Mr. Cheney referred to there being articles in the newspa- pers suggesting the city had been in violation of state laws relative to spraying canals and advised the article written the way it was is totally without merit. He requested Mr. Frederick to give a report. Mr. Frederick told about con- tacting the Department of Natural Resources after being con- cerned about a possible problem. He then read the attached letter giving clarification from the Department of Natural Resources received today. He clarified that this letter says the concentration of chemicals used by our contractor were below the level to notify the public or place a restric- tion on the use of the water. Mr. deLong moved to spread this particular notification on the minutes of this meeting, seconded by Mr. Zimmerman. No discussion. Motion carried 5-0. - 2 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 Mr. Frederick continued that because of concerns, notifica- tion procedures have been discussed and it is felt we should make contact with the residents and we propose to send a letter out to all property owners adjacent to the canals we maintain and inform them there is no threat. Also, each month when we spray, we will place a legal notice in the newspaper giving the date of spraying for the month. If our consultant decides to spray at concentration level requiring use restriction, letters will be sent to every property owner advising what is being sprayed and the use restric- tion. Mr. deLong moved to accept this recommendation of the Parks & Recreation Director and assign the City Manager to follow through. Mr. Wright seconded the motion. Under discussion, Mr. Wright asked if the C-16 Canal was included and Mr. Frederick replied negatively and told about four public agencies taking care of aquatic weed control in canals throughout the city in addition to private companies. Mr. Cheney stressed that the newspapers should give correct reports. Motion carried 5-0. Mayor Warnke acknowledged the presence in the audience of former Councilwoman Lyn Huckle. Councilman deLong asked about assistance for people going out of town and Mr. Cheney informed him that he is checking the state law and other cities and is in the process of rewriting this. PUBLIC AUDIENCE Mayor Warnke announced that anyone who wishes to speak on any item not on the agenda is free to come forward and state their problem, desires or questions at this time. If anyone wishes to speak on any item on the agenda to please give their name on a blue slip and they will be called upon when that item comes up before the Council. Mrs. Natalie Jackson of the American Legion Auxiliary stated on February 17 and 18, a red poppy will be offered to the people by the American Legion Auxiliary. This reminder of sacrifice of countless thousands in four wars is an annual event undertaken by the unit and post. These poppies are hand made by the disabled and hospitalized veterans and they benefit by this work. These contributions for the pop- pies are channeled into rehabilitation and welfare work for children and youth. Poppy Day is an institution in America. She then presented the first poppy to the Mayor and - 3 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 requested him to wear it in pride on February 17 and 18 and on Memorial Day. She added that this program is part of a national salute to hospitalized veterans during the week of February 14 through 18. Mayor Warnke replied that he is going to decline the gift, but would like to buy the first poppy. Mrs. Wilda Searcy stated she would like to ask Mr. Frederick about Canal 16 and Mayor Warnke informed her this is on the agenda. CONSENT AGENDA A. Bids Annual Typewriter Contract - 1984 & 1985 A memo dated January 16, 1984, was submitted by the Purchasing Agent listing review of the three low bids received with the recommendation to award the bid to A. Beltran Typewriters. B. Request for Zoning Approval for Alcoholic Beverage License The Beefcarver 127 North Congress Avenue Boynton Beach, FL The~Deputy Building Official noted the zoning at this loca- tion would allow for this type of license an conjunction with a duly licensed restaurant. Approve transmittal of Road Improvement Fees to Palm Beach County The Director of Finance submitted a memo dated January 18, 1984, with a collection report and noted that he has reviewed these collections and finds them in order and recommends they be transmitted to Palm Beach County. D. Ratification of South Central Regional Wastewater Treat- ment and Disposal Board Action of January 26, 1984, Re: Authorizing execution of the amendment to the engineering contract between Russell & Axon and the South Central Regional Wastewater Treatment and Disposal Board - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 E. Ratification of South Central Regional Wastewater Treat- ment and Disposal Board Action of January 26, 1984, Re: Authorizing the Executive Director to proceed immediately with corrective modifications to the clarifiers and D.A.F. units at the Regional Facility F. Approval of Bills See list attached with one additiOn. Councilman deLong moved to approve the recommended Consent Agenda with the addition inclusive. Councilman Cassandra seconded the motion. Under discussion, Councilman Wright referred to some unfavorable reports being received on one of the companies bidding on the typewriter contract and asked who owns that business and where is it located? Mr. Sullivan informed him the company is physically located in Riviera Beach and has been there eight to nine years. It is owned by one man, who used to work for Burroughs. Mr. Wright referred to their references and Mr. Sullivan replied the references were checked with the City of West Palm Beach, Good Samaritan Hospital, and the Sheriff's Department. Mr. Wright asked if we were renewing the pre- sent contract and Mr. Sullivan advised him that we presently have a contract with Boynton Business Machines, but they were the high bidder and Beltran had the contract pre- viously. Motion carried 5-0. BIDS NONE PUBLIC HEARING Approve request by the Southeastern Palm Beach County Hospital District, doing business as Bethesda Memorial Hospital to amend the Future Land Use Element of the Comprehensive Plan from Moderate Density Residential to Public and Private Institutional, and to rezone from R1-AA Single Family Residential District to Planned Unit Development with Land Use Intensity = 6, a 10.4 acre parcel of land located on SW 23rd Avenue between Westchester Heights and Ridgewood Estates Mr. Annunziato pointed out the location of this property. He referred to the Councilmembers being present at the Planning & Zoning Board meeting and stated a public hearing was held and after hearing presentations, the Planning & Zoning Board recommended that this request be approved sub- - 5 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 ject to the 21 stipulations which appear in the memorandum from the Planning Director dated January 18, 1984. Additionally, the Planning &~ zoning Board commented on the need for acceleration and deceleration lanes where the pro- posed access road intersects S.W. 23rd Avenue. Mayor Warnke asked if the applicant would care to speak. Mr. Kerry Kilday referred to making an extensive presen- tation before the Planning & Zoning Board and advised this request is for a two phase PUD. He pointed out Phase I allowing for construction of a radiation therapy building as part of the existing hospital building. He added in con- junction with this, the parking area existing in this por- tion would be redesigned. The hospital has a current certificate of need and this phase would begin immediately if approved. Mr. Kilday continued that Phase II shows the ultimate buildout of the entire site. Within Phase II, the larger building is 25,000 square feet. He told about addressing the concerns of the neighborhood before developing the plans. He advised the major conditions which have occurred since the plan was first presented is that the entrance off Golf Road has been centralized to the center of the site. There are buffers along the north property line and the residential areas. The landscaping on site was adjusted to accommodate the existing vegetation. They are aware of all 21 conditions recommended by the staff and Planning & Zoning Board and do agree to those conditions. Councilman Cassandra referred to questions being asked about who is living in the two buildings and Mr. Hill replied that they don't know. Mr. Cassandra questioned what would go into these two buildings and Mr. Hill advised that a general office type work station is scheduled for Mrs. Benson's home and the other home is occupied by Dr. Raborn, who has a five year agreement to stay there if he wishes. Mr. Cassandra clarified that all the items presented will not be there for at least five years unless Dr. Raborn moves out and Mr. Hill agreed this is correct. Mayor Warnke asked if anyone in the audience wished to speak in favor of this proposed request. Mr. Lou Samyn, 151 S. W. 25th Avenue, stated that he lives next door to this proposed parking lot. This berm will only be 4' high with shrubbery and he wants a masonry wall. He referred to other subdivisions having a masonry wall separating parking and stated he wants the same and not a - 6 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 berm. He thinks the Council should consider this as he feels they are entitled to a wall. Mayor Warnke informed him this will be going before the Community Appearance Board and many times, they will recommend a wall for a buffer. This is not the final say on this. He does agree there should be a high enough berm or wall. Councilman deLong added if the people agree to reconcile their differences, the City Council can take action. Mr. Samyn requested the Council to protect the residents by requiring a wall. Councilman deLong stated when this occurred with invading a residential area with a parking lot, it came through the back door. He is surprised the people were not notified to come in when meetings were being held in the Building Department with the hospital. Mayor Warnke asked if they received a notice of the Planning & Zoning Board meeting and Mr. Samyn replied negatively. Councilman Wright referred to meetings held by the hospital with the residents and Mr. Samyn told how the hospital representatives were evasive and they were not able to find out much. Mr. Samyn stressed that this is a parking lot and residen- tial property is being taken for it. The Council must give the residents ultimate protection. In Phase I, he thinks a wall should be built prior to any construction and ingress and egress to 23rd Avenue should be built first also. He thinks a 6' wall landscaped on the outside would be an asset. Mr. Kilday stated they will stipulate they will provide a 6' masonry wall on both sides. They have been working with the staff on this. They have no problem with that condition. Mr. Wright questioned why this was not recommended initially and Mr. Kilday replied that they believed a berm was the desire of the residents. Mr. Kilday added that they will continue to have a 40' strip with the wall and the wall will continue the entire length of the property. Mr. Cheney requested this to be pointed out on the map and Mr. Kilday pointed out on the map the entire property line with the statement that it will be a 6' masonry wall with landscaping on both sides. Mr. Cheney clarified that the wall and landscaping replaces the berm and the berm will not be built. He added that the wall possibly would meander a little bit so trees would not have to be removed. Dr. Joe F. Phillips, 52 River Drive, Ocean Ridge, stated he would like to.emphasize the medical importance of this pro- ject. This type of equipment is essential for the treatment of cancer patients. It is expected that one out of five - 7 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 people will develop cancer in this community. They would no longer have to travel long distances to receive this care. Mayor Warnke then asked if anyone wished to speak in opposi- tion to this request. Mr. Bob Foot, 2400 S. W. 1st Street, referred to the 21 con- ditions mentioned and stated with allowing the staff to take this over, it would result in a controversial issue. He referred to conditions not being satisfactorily met in the past when left for staff inspection. He is particularly concerned about the drainage on this parking site. The plans only include provisions for a three year storm. Where is this water going to go? If the wall is constructed, where will the retention be provided on site? There is also the issue of maintaining the landscaping and the hospi- tal has not agreed to that. There are questions of the buildings being used for private use, which will take taxes away from the city. He thinks the Council has some issues yet to consider and thinks it is premature to approve this. Councilman deLong referred to the hospital representatives supposedly having met with the residents to reconcile the differences and stated he thinks the people with a grievance should meet with the hospital representatives. The con- ditions should be iron-clad. Building permits will not be issued until the conditions are met. Mr. Cheney stated that he differs with Mr. Foot in regards to the staff not following up on these things. We are aware of the drainage problem and before the project is finished, it will be properly handled. The conditions stipulated will be taken care of. A condition can be made that the wall be constructed before any other construction. He does not think the building permit for the radiation building should be held up until the wall is built, but the other things can b~ held up. If the berm is changed to a wall, there may be drainage considerations. He expects the drainage would be handled on the north side of the property where the land is left undisturbed between the parking lot and the wall. He further explained how drainage considerations would be made with the construction of the wall. He emphasized that the conditions will be complied with. Mr. Cassandra clarified that what is decided tonight cannot be added to or deleted from and Mr. Cheney informed him that what is decided tonight in respect to landscaping require- ments could be increased by the Community Appearance Board, but could not be decreased for an example. Mr. Cassandra - 8 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 referred to the water problem and stated he was concerned if during the process of building, we find a change should be made for the benefit of the city, can that change be made and Mr. Cheney replied affirmatively in order to meet the minimum requirements of any code. Mr. Cheney advised also that there have been meetings held by the hospital with the residents. Mr. deLong replied that this application came through the back door. The hospital is just getting what they wanted in the beginning. He would like to see that everything is put in writing by the hospi- tal before approval or if approval is given, it will be con- tingent upon an agreement with the hospital of what has to be done and the City Manager will be charged that these con- ditions are done. Mr. Cheney responded that their represen- tative has stated on the record that they accept the 21 conditions and the wall. He thinks the question of the order in which these things are done should be considered. Mr. Gene Guertin, 2412 S.W. 4th Street, stated he doesn't think anyone objects regarding the need of parking for the hospital. The problem he is having is originally it was a small parcel of land which they filed a suit over. What happened to that small parcel of land? Why are ten acres with a building now involved and not just the acute need for parking? He suggests looking at the small parcel they need for parking and give them that. Also, there is a definite need to look at the drainage problem. If a 6' wall is not properly drained, it will be undermined and the neighbors will get water in their yards. The city adopted the compre- hensive plan a number of years ago and by amending it tonight, it will open the doors for all the commercial land owners adjacent to residential to request rezoning. If the city gives in to the hospital, it will affect the entire city. He thinks the Council must look into this and what is going to happen in the future. He would like to ask the Council to look back at the original parcel asked for by the hospital for rezoning and give them that now, as an alter- native to giving ten acres tonight. Mr. Cecil Fultz, 147 S.W. 24th Avenue, informed the Council there is more than one person-who would be in favor of a security fence or a wall. With a parking lot, there should be a security fence along the side of the road. The resi- dents are concerned with security and having protection from people parking their cars and coming to their properties. They don't mind meeting with the hospital and thought after the Planning & Zoning Board meeting, they would get together. - 9 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 Vice Mayor Zimmerman asked if he was referring to the side along 2nd Street and Mr. Fultz replied affirmatively. Mr. Zimmerman informed him there will be a masonry wall there. Mr. Fultz asked if there would be access along 24th and 25th Avenues during construction and Mr. Cheney informed him that it was stated at the Planning & Zoning Board meeting that they did not plan to come through Westchester Heights at all. They can use 26th Avenue. Mayor Warnke stated that he thinks it would be logical for the hospital to notify all the neighbors, rather than sitting here and working out these items between them. In the event of a disagreement, possibly it could be brought back before the Council. Mr. Joel Strawn, Attorney representing Bethesda Memorial Hospital, told about having meetings with residents in the area and requested a committee to be appointed so they could discuss things with them. They were told by Mr. Foot the residents were not able to come to enough resolution among themselves to have that type of meeting. The City Council requested that input be given to the City Attorney, but they did not give any. They have been very receptive to infor- mation from the residents. Councilman deLong stated they should have invited the people to see the plans and Mr. Strawn explained how it was difficult to determine whom to invite. He clarified that they will be glad to build any type of wall the residents want. Mr. deLong insisted that they failed to contact the people in the immediate vicinity. Councilman Wright told about hearing cQncerns about this from the people and visiting the hospital. He believes the citizens have had the time to express their concerns and he is ready to vote now. After further comments about the residents and the hospital's plans, Mr. Kilday clarified that in regards to the wall and how the neighbors want it, they are willing to do either a berm or wall. Prior to the Community .Appearance Board meeting, they will contact the adjacent neighbors to get their consensus of how they want it treated. Prior to the Community Appearance Board meeting, they will meet their requirements. Councilman deLong asked if the residents felt this was satisfactory. Mr. Guertin replied that one of the reasons the residents did not meet was that some people are totally against the hospital. They did not want to appear in favor - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 of the rezoning with submitting a list of stipulations. Mr. deLong asked if the proposals made by the hospital are satisfactory and Mr. Guertin replied affirmatively, if it is assured the 21 stipulations will be met. Mr. deLong informed him these stipulations will be put in writing and Mayor Warnke added that it will be followed up by the City Manager. Mr. Cheney suggested that a meeting be held bet- ween the hospital and neighbors prior to the Community Appearance Board meeting, so the plans can go to that Board after reaching agreement. Councilman Cassandra stated he is in agreement with Dr. Phillips. It is his opinion that this should have been two separate requests, one for the radiology building and the other for the parking requirements, and should not be related or tied together. He then read the following writ- ten. statement: "Ladies, gentlemen, and Councilmembers, this applicant, Bethesda Hospital, has been in front of different City Councils, before my time and during my time. During these periods of time, charges and counter-charges, trust and mistrust have followed this application. Therefore, this Council must put aside its own mistrust of the applicant as well of each other and evaluate this request on its own merits. "The request that is in front of us is to change the comprehensive plan from R-1AA to PUD. This request, like all other requests, that is presented to the Planning & Zoning Board and eventually to the Council must have with its request, a proof of need. "The burden of proof for any change in zoning must lie with the applicant. The package submitted to the Planning & Zoning Board and which we have, does not once show any proof of the need of 772 parking spaces. "To confirm that there is no need for 772 parking spa- ces, let me give you some facts offered by Bethesda Hospital themselves: 1. Letter from Dr. Weems, December 4, 1981 Bethesda wishes to have the property in question rezoned, (Lot 13-19 of Benson Heights), because additional parking must be provided for its patients-, visitors, medical staff, and employees. The hospital presently has 643 parking spaces and - 11 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 at times, there is no space available to Park. If we are permitted to utilize the land which we are requesting be rezoned, we expect to generate approximately 100 new parking spaces. 2. K~mley-Horn & Associates, Inc., June 25, 1982 We updated the parking inventory and conducted a demand/needs analysis for existing conditions. We found a current total deficiency of nearly 110 spa- ces. When the hospital adds 100 additional beds and expands it out-patient services, we found there will be future needs for about 1,100 spaces, giving a total need, with the current deficiency for the hospital to plan to add some 400 spaces. Fact - Hospital expert stated with future expansion they will need 400 spaces only - hospital is asking for 772. Let's Look at this Future Expansion: After 24 years of steady growth, the number of patients it admits, Bethesda's occupancy level went down about 8% last year forcing the hospital to lay off employees last summer and again last month. *Fact - 1983 Bethesda with 1,300 employees had a 75% rate of occupancy in June and the employees were asked to take unpaid leave. Fact: January 12, 1984 ~ Bethesda Hospital cuts its labor force of 1,000 members by 4%; therefore, from June 1983 to January 12, 1984, they went from 1,300 to 960. Bethesda Hospital expert states that they need 400 spaces for future expansion. That might have been true in 1981-82, but for 1983-84 and years to come, I believe that the 100 bed expansion will not occur because: 1. Competition from nearby Delray Community Hospital. 2. Because of the building of a new hospital west of Boca Raton. 3. Because permission was granted to West Boca Raton to add a 15 bed maternity and Bethesda was denied. - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 4. Because Delray Community Hospital was given permission to add 50 more beds over the next two years. 5. Because Bethesda themselves state and I quote 'There is not an ongoing need to increase the number of medical-surgical beds in South Palm Beach County.' Fact: They have cut their labor force by 340 employees. Their occupancy is about 70%. This all means less parking spaces required, yet they keep on asking for 772 spaces more - why?? "Is there a problem with Bethesda parking? Dr. Weems in his letter stated at times, there are no parking spaces. Now, I repeat, at times, he never said all the time. The hospital has three shifts: 7:00 A.M. - 3:00 P.M. - 50% of the employees come in - 480 3:00 P.M. - 11:00 P.M. - 30% of the employees come in - 288 11:00 P.M. - 7:00 A.M. - 20% of the employees come in - 192 "Now, if everybody drives their own car, the only time you might have a problem would be between 2-4 P.M., when you have visitors' hours, because the first shift will be leaving and the second shift will be coming in and some visitors. That lack of parking would occur approximately between 2-3 P.M. "Now, I have maintained that the front parking lot was not being utilized to its fullest capacity. So, I decided one more time to measure the parking lot, since the hospital administration was ignoring my recommendation. For the record, from the first car line on the east side (Seacrest closest to 26th Avenue) to the west line of the entrance coming in from 26th Avenue, measured from east to west, 170 feet and had five lines of cars. I then went to Sunshine Square parking lot and using the same reference, I found that the Sunshine parking layout had seven lines of cars, two more than the hospital which I contended we would get just for the area I measured. The lines in that area have approximately 53 cars per line. The 100 slots that Dr. Weems said he needed. - 13 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 "But, instead the facts are for a sometime problem of one hour, the hospital wants: 1. Change the comprehensive plan from R-1AA to PUD 2. Create spot zoning by splitting R-1AA down the middle. Take tax producing revenue off the city tax base and instead collect no taxes, but we still have to pay taxes to maintain a parking lot. Increase traffic flow on 23rd Avenue and other effects. "In review of the facts, I come to two obvious conclusions: The applicant has not shown a need for 772 parking spaces. Bethesda expansion of 100 beds for the future is not a reality. "Councilmembers, obviously, we all have undue pressure on us from the hospital, citizens involved, personal friends and family. But in our decision making, only the facts should be evaluated and that is: has the applicant shown proof of need for 772 parking spaces?" Councilman Wright replied that apparently they think there is a need. Councilman Cassandra agreed there is for the radiology building and he does not want to stop that, but they have tied their request to a zoning change for parking and not the radiology need. The front part of the hospital is zoned PU and we have no control over PU. Mr. Cassandra continued that another article Worrying him is the report of Bethesda Hospital switching to a for-profit status and he explained how other things could be involved. Mr. Wright responded that if they go to a profit making organization, they may not accept patients on medicare, medicaid, etc. and he would have concerns about that. Mayor Warnke stated the radiation therapy building could generate their own parking needs. He just returned from a growth management assembly and thinks at the present time, the growth of Bethesda Hospital is being under-estimated - 14 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 after hearing the facts of people moving into this area. added in the past, there were innuendoes because of his family's close ties to the hospital, it would affect his thinking; however, he wants to let everyone know that his daughter was laid off by Bethesda Hospital. He Mr. Cassandra reiterated that the growth will be in the west and that's where expansion is needed. Vice Mayor Zimmerman moved to approve the Planning & Zoning Board's recommendation to adopt the plan which the hospital has presented with the stipulations as enumerated and the ones made tonight concerning the wall, drainage and landscaping. Councilman Wright seconded the motion. Under discussion, Mr. Cheney asked if this motion is conditioned upon a meeting with the hospital and citizens and Mayor Warnke replied that he thinks that is an internal matter between the hospital and residents. Mr. Wright clarified that the suggestion was to meet prior to the Community Appearance Board meeting and Mayor Warnke replied that it was not part of the motion and would be up to the hospital to work it out. As requested, Mrs. Boroni then took a roll call vote on the motion as follows: Councilman deLong - No Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor zimmerman - Aye Councilman Cassandra - No Motion carried 3-2. At this time, Mayor Warnke declared a recess and then recon- vened the meeting at 9:18 P. M. DEVELOPMENT PLANS Approve Master Plan Modification - Catalina Club Councilman deLong moved to approve the Planning Director's recommendation of no substantial changes in his memo to the City Manager dated 1 February 1984, with this memo to become a part of the public record. Councilman Wright seconded the motion. Under discussion, Mr. Cassandra referred to disapproving a previous one because of the location of the dish antenna and Mr. Annunziato informed him that in this one, there is a large recreation area. Mr. Cheney added that he submitted a letter dated February 7. Motion carried 5-0. - 15 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 Approve Master Plan Modification - Cedar Ridqe PUD Mr. deLong moved to approve the Planning Director's recom- mendation as contained in his memo to the City Manager dated 1 February 1984, with the memo to become a part of the public record. Councilman Wright seconded the motion. No discussion. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 83-54 - Re: Revised Election Code Mr. Vance informed the Council this ordinance incorporates all the proposed changes: four districts, mayor at large, elimination of two term limitation, and residency require~ ment. At the special City Council meeting, there was indi- cation by the City Council they might desire to eliminate the two term limitation and residency requirement from the proposed ordinance and make them independent. He then drafted another ordinance. Councilman Cassandra moved to delete the residency and two term requirement from proposed Ordinance No. 83-54, seconded by Councilman deLong. Under discussion, Vice Mayor Zimmerman referred to a newly drafted ordinance being sub- mitted having these items eliminated and Mr. Vance agreed. Motion carried 5-0. Mr. Vance read proposed Ordinance No. 83-54 by title as amended: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING THAT A REFERENDUM ELECTION BE HELD TO AMEND THE CHARTER OF THE CITY, AS ADOPTED BY THE FLORIDA LEGISLATURE AND BEING KNOWN AS CHAPTER 61-1889, SPECIAL LAWS OF FLORIDA, AS AMENDED, TO PROVIDE THAT IF APPROVED BY THE ELECTORS, THE ABOVE REFERENCED CHARTER SHALL BE AMENDED AS FOLLOWS: BY AMENDING SECTION 17 OF SAID CHARTER TO REDUCE THE NUMBER OF DISTRICTS WITHIN THE CITY FROM FIVE (5) TO FOUR (4) AND BY PROVIDING THAT THE MAYOR BE ELECTED AT LARGE; BY AMENDING SECTION 53 OF SAID CHARTER TO PROVIDE THAT THE VICE MAYOR SHALL BE ELECTED BY A VOTE OF THE MAYOR AND COUNCIL AND BY FURTHER PROVIDING PROCEDURES FOR FILLING VACANCIES IN THE OFFICES OF MAYOR AND VICE MAYOR; PROVIDING A BALLOT TITLE; PROVIDING THE OFFICIAL SUBSTANCE OF THE AMENDMENT TO BE PLACED ON THE BALLOT; DIRECTING THE CITY CLERK TO - 16 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 SUBMIT A CERTIFIED COPY OF THE ORDINANCE TO THE SUPERVISOR OF ELECTIONS; PROVIDING AN EFFECTIVE DATE, A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; AND FOR OTHER PURPOSES. Mayor Warnke asked if anyone in the audience wished to speak in favor of proposed Ordinance No. 83-54 and received no response. He then asked if anyone wished to speak in oppo- sition and the following came before the Council. Mrs. Dee Zibelli, 440 Ocean Parkway, stated she did not wish to reiterate her whole speech from the last meeting, but she is glad the Council decided to separate the election proce- dures on the ballot. Keeping in mind the projection of growth for Boynton Beach, she does not think the number of districts should be decreased. She thinks the election of mayor should be as now. She requests the Council to main- tain the present five districts. Rev. R. M. Lee stated that he is in opposition to decreasing the districts. We should be thinking in terms of adding based on the population projected for Boynton Beach. He is in oppoSition to reducing the districts to four and the five should be kept intact because of the growth. He does not see the wisdom to put this on referendum to further confuse the issue at this particular time. He is in opposition to this being considered. being elected at large, kept intact and not conf situation to go back to for five. Rev. Douglas Davis, 301 opposition. He referred smoothly. To change to ~ It means they will not hl because it will be expan, jected population is 100 and a Mayor run all thes, add more. He is for vot has been peace and harmol while other cities have if the Council would con Vice Mayor Zimmerman sta' does not mean there will voters will have the chal it is voted down, there now. This is to just gi te has no problem with the mayor )ut the five districts should be lse the issue. It would be a bad ~our zones as this city is too large ~. E. 13th Avenue, stated he is in to the last four years running ~our districts would cut out one. lye representation from their area ted. In the year 2000, the pro- 000 and how can four Councilmembers ~ people? If anything, they should .ng for the mayor at large. There ~y in Boynton Beach since the 1930's ~ad problems. He would appreciate 3ider letting it stay as it is. ~ed if this is passed tonight, it be four districts, but that the ~ce to vote for or against this. ~ill be five districts as we have ~e the people a choice. If - 17 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 Mrs. Lyn Huckle stated in 1980, she was opposed to districting for Boynton Beach and is still opposed to it. However, in 1980, the citizens were clamoring for districting for better representation; but today there is no clamoring for change and very little enthusiasm for change. She is opposed to proposed Ordinance No. 83-54 as amended. She is opposed to anything which would delineate one Councilmember from another except for the necessary chairing of a meeting. We have a strong city Manager form of govern- ment and having five equal Councilmembers are a greater benefit for all citizens. She then explained how she feels the Mayor benefits serving a year as Vice Mayor. She is in agreement with Mrs. Zibelli and is completely against reducing the number of districts from five to four. Also, she has been included with an area like a tail and the area is unlike her area in every way. Councilman Cassandra then read a letter he received from Mrs. Henrietta Solomon requesting to continue with the five districts. She thinks the mayor should be selected by the City Council. She agrees with the residential requirement. She is opposed to unlimited terms because of stagnation on the Council. Mayor Warnke ascertained there were no further speakers and declared the public hearing closed. Councilman Cassandra moved to approve Ordinance No. 83-54 as amended, seconded by Councilman deLong. Under discussion, Councilman deLong commented that he definitely would never sit on the Council and deprive the people the right of franchise to vote and he will go by the peoples' decision. Councilman Cassandra referred to Rev. Lee and Rev. Davis bringing out two points and stated the old proposal had District I and part of V which would only expand with growth. As we grow, we would be forced to change districting. His only concern is why these people have not addressed the Council during the last seven to eight meetings. People have expressed to him that they are in favor of changing our present system. Councilman Wright referred to calling the City Attorney several weeks ago in reference to this ordinance as his con- cern was if he wanted to run for mayor under this new system, he would not be able to and the City Attorney agreed because he has served two consecutive terms. He feels that does not make sense. Mr. Vance read from Section 50 and clarified that if this section remains in effect and is not amended by the voters, that limitation would apply to any - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 elective office. Mr. Wright replied that he feels this is discriminatory as everyone should be given the right to run. Councilman Wright then told about meeting with several groups in the city and how the majority feel we should con- tinue with the~five districts we presently have. With electing the mayor at large, it makes it seem like he has all the power. He agrees with Mrs. Huckle that people were clamoring for districts in 1980 when it was a question of districts or no districts, but this is the question of eli- minating one district and electing the mayor at large. He then commented on the effects of unopposed candidates. He is going to have to vote against this. Vice Mayor Zimmerman stated in consideration of all we have done to give the voters a chance to change the election pro- cedure, he is going to vote yes on this. Many people he has talked to are against this and personally he is, but he believes we' should give the voters a chance to decide. Mrs. Boroni then took a roll call vote on the motion as follows: Councilman Wright - Nay Mayor Warnke - He made a statement at the last meeting and made his views plain, but feels voting in opposi- tion would affect him personally. He will go along with Vice Mayor Zimmerman and Councilman deLong that this should be given to the voters to decide. Aye. Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Motion carried 4-1. Proposed Ordinance No. 84-4 - Re: Terms of Elected Offices Mr. Vance read proposed Ordinance No. 84-4 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING THAT A REFERENDUM ELECTION BE - 19 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 HELD TO AMEND THE CHARTER OF THE CITY, AS ADOPTED BY THE FLORIDA LEGISLATURE AND BEING KNOWN AS CHAPTER 61-1889,, SPECIAL LAWS OF FLORIDA, AS AMENDED, TO PROVIDE THAT IF APPROVED BY THE ELECTORS, THE ABOVE REFERENCED CHARTER SHALL BE AMENDED TO AMEND SECTION 50. TERMS OF ELECTED OFFICES. OF SAID CHARTER TO DELETE THE PROHIBITION AGAINST COUNCIL MEMBERS SERVING MORE THAN TWO (2) CONSECUTIVE TERMS; 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 AN EFFECTIVE DATE, PROVIDING A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; AND FOR OTHER PURPOSES. Mayor Warnke asked if anyone wished to speak in favor of this proposed ordinance and received no response. He asked if anyone in the audience wished to speak in opposition and the following came before the Council. Rev. R. M. Lee stated by cutting the districts and having no limit to terms, it is setting up a dynasty in the city of Boynton Beach. He sees this as a dynasty being created with no limit to office. With the people coming into Boynton Beach and considering their mentalities and abilities, there should not be this kind of ordinance passed. He is going to vehemently oppose this type of going backwards to set up a dynasty. Two terms is long enough. He doesn't think the people will stand for this. He is surprised the Council even suggested this kind of thing in this day and time. Councilman deLong responded that this will give the people the opportunity to decide what they want. Mrs. Lyn Huckle stated she agrees with former Mayor Trauger that the Council benefits with getting fresh blood into office. With districting, incumbency is even greater as already evidenced with fewer people filing. Mayor Warnke declared the public hearing closed. Councilman Wright moved to approve proposed ordinance No. 84-4 on second reading, seconded by Councilman Cassandra. Under discussion, Councilman deLong referred to this allowing a councilman to succeed himself after two terms and stated there are very few legislative bodies in the united States which are limited to terms and he enumerated same. He then told about projects started while he was in office previously and how they were not carried through when he went out of office. It is not right to have the limit. - 20 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 Councilman Wright referred to a few people not being in agreement, but stated we must be concerned about who repre- sents us. By not placing a prohibition on the number of terms to be served, it may generate more interest in serving the community. He has spoken to a lot of elected officials about this and very few cities mandate the number of terms to be served. He believes the citizens should be given the right to make a choice. Councilman deLong added if the people are dissatisfied, they have their day in court with election. Councilman Wright agreed that he thinks the people will watch what is happening. Mrs. Boroni then 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. 84-5 - Re: Residency of Candidates Mr. Vance read proposed Ordinance No. 84-5 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING THAT A REFERENDUM ELECTION BE HELD TO AMEND THE CHARTER OF THE CITY, AS ADOPTED BY THE FLORIDA LEGISLATURE AND BEING KNOWN AS CHAPTER 61-1889, SPECIAL LAWS OF FLORIDA, AS AMENDED, TO PROVIDE THAT IF APPROVED BY THE ELECTORS, SECTION 17 OF SAID CHARTER SHALL BE AMENDED AS FOLLOWS: CANDIDATES FOR CITY COUNCIL MUST RESIDE WITHIN THE BOUNDARIES OF THEIR APPLICABLE DISTRICT FOR A PERIOD OF NOT LESS THAN SIXTY (60) DAYS PRIOR TO FILING FOR OFFICE; PROVIDING THAT FAILURE OF A COUNCIL MEMBER TO CONTINUE TO RESIDE WITHIN THE DISTRICT FROM WHICH ELECTED SHALL CAUSE SAID COUNCIL MEMBER TO AUTOMATICALLY FORFEIT HIS/HER OFFICE; PROVIDING THAT THE REMAINING MEMBERS OF THE CITY COUNCIL SHALL FILL SUCH A VACANCY WITH AN INDIVIDUAL RESIDING IN THE SAME DISTRICT FROM WHICH THE ORIGINAL COUNCIL MEMBER RESIDED; 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; - 21 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 PROVIDING AN EFFECTIVE DATE, A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; AND FOR OTHER PURPOSES. Mayor Warnke ascertained nobody desired to speak either in~ favor or opposition to proposed Ordinance No. 84-5 and then declared the public hearing closed. Councilman deLong moved the adoption of proposed Ordinance No. 84-5, seconded by Vice Mayor Zimmerman. Under discussion, Mr. Wright clarified that the way this ordinance is written, it does stipulate if someone is appointed, they should come from the same district and Mr. Vance agreed as this is specifically provided for. 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. Ordinances - 1st Reading Proposed Ordinance No. 84-6 - Re: Swinton Avenue - Summit Investments - Amend Land Use Element Mr. Vance read proposed Ordinance No. 84-6 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 HEREIN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY LOW-MEDIUM DENSITY RESIDENTIAL TO CITY OF BOYNTON BEACH LOW DENSITY RESIDENTIAL; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Ordinance No. 84-6 on first reading only, seconded by Vice Mayor Zimmerman. No discussion. (Mr. Cassandra and Mr. Wright had left the room.) Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLong - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Motion carried 3-0. - 22 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 Proposed Ordinance No. 84-7 - Re: Swinton Avenue - Summit Investments - Rezone Mr. Vance read proposed Ordinance No. 84-7 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY, BY ~REZONING 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-1AAB, SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Ordinance No. 84-7 on first reading only, seconded by Vice Mayor Zimmerman. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLong - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Motion carried 5-0. Proposed Ordinance No. 84-8 - Re: Correcting clerical error in Ordinance No. 83-45 Mr. Vance read proposed Ordinance No. 84-8 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, CORRECTING A CLERICAL ERROR IN ORDINANCE NO. 83-45, WHICH WAS ADOPTED ON DECEMBER 6, 1983, TO DESIGNATE THE CORRECT BUILDING CODE SECTIONS SO AS TO ADOPT THE STANDARD MECHANICAL CODE AND STANDARD GAS CODE, 1982 EDITION, TOGETHER WITH UNIFORM MINIMUM PALM BEACH COUNTY-WIDE AMENDMENTS AS RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY, AS AMENDED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Ordinance No. 84-8 on first reading only, seconded by Vice Mayor Zimmerman. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman deLong - Aye Motion carried 3-0. - 23 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 Proposed Ordinance No. 84-9 - Re: Amending Ordinance No. 83-41 to include Councilman deLong's suggested stipulations - Community Redevelopment Agency Mr. Vance read proposed Ordinance No. 84-9 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 83-41 TO MORE CLEARLY DEFINE THE POWERS OF THE COMMUNITY REDEVELOPMENT AGENCY IN DEVELOPING A COMMUNITY REDEVELOPMENT PLAN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Ordinance No. 84-9 on first reading only, seconded by Vice Mayor Zimmerman. 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 Motion carried 4-0. Resolutions Proposed Resolution No. 84-K - Re: Urging County Commissioners to Adopt Handicapped Regulations - 32" door widths Mr. Vance read proposed Resolution No. 84-K by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY TO ADOPT REGULATIONS REQUIRING THE INSTALLATION OF AT LEAST ONE THIRTY-TWO (32) INCH WIDE DOOR IN AT LEAST ONE BATHROOM IN EACH SINGLE FAMILY AND DUPLEX RESIDENCE IN PALM BEACH COUNTY; PROVIDING THAT A COPY OF THIS RESOLUTION BE SENT TO THE BOARD OF COUNTY COMMISSIONERS AND COUNTY ADMINISTRATOR; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Resolution No. 84-K, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion: Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Mayor Warnke - Aye Motion carried 4-0. - 24 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 At this time, Mayor Warnke passed the gavel to the vice Mayor in order to leave the room. Proposed Resolution No. 84-L - Re: Release of Excavation Bond No. 965 33 95 - Sky Lake, Plats II and III Mr. Vance read proposed Resolution No. 84-L by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE EXCAVATION BOND FOR SKY LAKE PLAT II AND PLAT III IN SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST Councilman deLong moved the adoption of proposed Resolution No. 84-L, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman deLong - Aye Vice Mayor zimmerman - Aye Motion carried 3-0. Proposed Resolution No. 84-M - Re: Setting the time and place for a hearing when property owners can be heard regarding a special assessment for the construction of S.E. 3rd Street, lying north of S.E. 21st Avenue Mr. Vance referred to some blanks being filled in. Mr. Cheney asked if this public hearing could be held at the next Council meeting and Mr. Vance replied negatively. Mr. Vance advised the blanks are 84-H for the resolution number and ten days notice must be given for the hearing. Mr. Cheney suggested that it be set for March 6 at 8:00 P. M. Mr. Vance read proposed Resolution No. 84-M by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, FIXING THE TIME AND PLACE AT WHICH OWNERS OF PROPERTIES TO BE SPECIALLY ASSESSED FOR THE CONSTRUCTION AND/OR REBUILDING OF APPROXIMATELY 180 FEET OF SOUTHEAST THIRD STREET, LYING NORTH OF SOUTHEAST TWENTY-FIRST AVENUE, MAY BE HEARD; AND FOR OTHER PURPOSES. Mr. deLong moved the adoption of proposed Resolution No. 84-M, seconded by Mr. Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: - 25 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Motion carried 5-0. Proposed Resolution No. 84-N - Re: Transfer of two deeds between the American Legion and the City for exchange of property Mr. Vance read proposed Resolution No. 84-N by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SPECIAL WARRANTY DEED GRANTING CERTAIN PROPERTY DESCRIBED THEREIN TO THE LEROY PARKER AMERICAN LEGION POST 9288; DIRECTING THE CITY CLERK TO RECORD SAID SPECIAL WARRANTY DEED IN THE OFFICIAL RECORDS IN AND FOR PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. Cheney requested when a motion to approve this is made that it be contingent upon receiving from the American Legion their certified resolution and they are aware of this. Mr. deLong moved the adoption of proposed Resolution No. 84-N contingent upon the submission of a resolution by the American Legion. Mr. Zimmerman seconded the motion. Under discussion, Rev. Douglas Davis came forward and stated it is a pleasure to let the Council know they are ready. They have their deed. Tomorrow, they will be ready to transfer the deed to the City. He is quite sure the city will transfer the deed to them. It has been a long time coming. They have been hassling over this for years since 1969. He is quite sure everything will work out. He then thanked the Council. Mrs. Boroni then 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. REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 Proposed Resolution No. 84-0 - Re: Opposing the Unitary Tax The City Attorney read proposed Resolution No. 84-0 by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, OPPOSING THE UNITARY TAX WHICH HAS BEEN IMPOSED ON CORPORATIONS BY THE STATE OF FLORIDA AND CALLING FOR A REPEAL AND REPLACEMENT OF THAT UNITARY TAX AND URGING CONSIDERATION OF THE UPCOMING RECOMMENDATIONS OF THE GOVERNORS SPECIAL COMMITTEE TO STUDY AND PRESENT ALTERNATIVES TO THE UNITARY TAX Mr. deLong moved adoption of proposed Resolution No. 84-0, seconded by Mr. Zimmerman. Under discussion, Mr. Wright questioned who requested this resolution and Mayor Warnke informed him that it came from the Municipal League. Mr. Cheney added that Delray Beach also requested it. Mr. Wright stated that he has concerns about this. He brought this up and we should not wait to act just with someone else. Mayor Warnke stated that the key word is repeal and replacement as he does not want to take away from educa- tional funds. Mrs. Boroni then 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 Resolution No. 84-P - Re: Abandonment of Easement - Mission Hill Subdivision Mr. Vance read proposed Resolution No. 84-P by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, VACATING AND ABANDONING A SPECIAL PURPOSE EASEMENT CONCERNING THE PROPERTY HEREINAFTER DESCRIBED; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID SPECIAL PURPOSE EASEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Resolution No. 84-P, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Motion carried 5-0. Proposed Resolution No. 84-Q - Re: Adopting job description for Occupational License Clerk/Field Inspector The City Attorney read proposed Resolution No. 84-Q by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE JOB DESCRIPTION FOR THE POSITION OF OCCUPATIONAL LICENSE CLERK/FIELD INSPECTOR AND MAKING IT A PART OF THE CITY'S PAY PLAN. AMENDING THE BUDGET OF THE BUILDING DEPARTMENT TO REFLECT THE INCLUSION OF THIS POSITION AND THAT OF ADDITIONAL CLERK II POSITION Mr. deLong moved the adoption of proposed Resolution No. 84-Q, seconded by Vice Mayor Zimmerman. No discussion. Mrs. Boroni took a roll call vote on the motion: Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Motion carried 5-0. Other Report on Utility Bond Refinancing Mr. Cheney referred to presenting a report at the last Council meeting stating that he hoped to have important technical reasons to continue with the advice and involve- ment with the people involved with our refunding issue and the people who had assisted in preparing the refunding reso- lution. This resolution was consistent with complicated matters discussed at the special meeting. Since that time, developments have taken place and a staff meeting was held yesterday. He then read his memo dated February 6, 1984. The proposal right now is only for Arch W. Roberts & Co. to be involved with the refunding. If this issue is funded, it - 28 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 is up to the city Council where they want to go. The Council may decide to open it for public discussion and selection and let all people make application. After getting the refunding issue finished, new money issues are quite ordinary. It may be the time for the city to open this up and take a look at the whole issue in the future. He only suggests that Arch W. Roberts & Co. handle the refunding issue. Mr. Roberts is present. In addition, pro- bably in the sale of this issue of about $12,000,000, it is indicated they will probably form a syndicate to actually handle those bonds. Mr. Cheney continued that on the final issue of Russell & Axon preparing the documents, the Mayor did raise the question about paying $15,000 to Russell & Axon to do the work. The reason we are doing that is because we are asking them to put their firm on the line in the certification pro- cess before the courts that our organization is in good shape from a utility and engineering viewpoint. We must have this information and certification ahead of time. Russell & Axon opens their liability exposure for this kind of application. Councilman Cassandra referred to being a strong supporter of the competitive concept. He would like the Council to con- sider the second option presented by the City Manager in his first report to open the issue of financial adviser and underwriting. Councilman Wright agreed this seemed to be a viable alternative. He continued that this seems to be a situation where it might be best to open for bids unless getting some assurances from Arch W. Roberts & Co. to allow these local firms to be involved. Vice Mayor zimmerman advised that one of the stipulations is the purchasing of the bonds will be open to others. Mayor Warnke referred to Mr. Roberts being present and Mr. Cheney added that since he has recommended this firm, he feels they should hear from him. Councilman deLong replied that he did not think it would be fair to have Mr. Roberts speak before the others. Councilman Wright requested that Mr. Roberts be given the opportunity to address the Council. Mr. Arch Roberts informed the Council when the bonds are ready for market, they do intend to form an underwriting group involving those dealers in the community and nearby who they are certain can help with distribution of securi- ties to the public and will, therefore, help to get a lower finance cost for the city. Mayor Warnke clarified that they are the mechanism to get this refunded and Mr. Roberts - 29 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 agreed. Mayor Warnke questioned the advantage of opening this to competitive bidding and Mr. Vance informed him that typically a refunding of this type is not the sort of thing which can be bid, but the typical approach is to form a syn- dicate and sell the bonds in this method. Mr. Roberts stated that they have been involved in the muni- cipal bond business in Florida for 18 years. They have been involved in issues of this kind since the inception of their firm. They have been involved in two issues where refunding was open to public bidding and can document with evidence that the public bidding process was costly to the issue. They served as financial adviser and had to go the route of competitive bidding. The refunding process is competitive and must be involved with a bank from inception. He does not know of any refundings handled where statutory provi- sions have not required public sale. Mr. Cheney clarified that there are two separate issues of competition. One is the issue of competition of who to select as financial advisor and the second is the question of competition in selling the issue. He doesn't think anyone will recommend the issue of going to public sale. They must all go to a private negotiated sale, which is the advantage of a syndicate. He explained how the Council has the opportunity to consider several firms, but there is no financial advantage. Discussion ensued regarding the professional individuals who have been advising the city on a regular basis. Mr. Ed Wollenweber, Prudential-Bache Securities, stated the last time he came before the Council, he expressed the con- cerns were if the city should not be able to stay with their previous firm, they would seek a local firm. He told about Prudential-Bache having national power and local presence. Mr. Worth T. Blackwell, Hough & Co., came before the Council and referred to Mr. Schneider and Mr. Bland having worked with the city in a capable fashion, but explained how there is a major distinction between the functions of the underwriter and financial adviser. He referred to the three firms represented being capable and qualified and suggested the city might have a unique opportunity of retaining all three to represent it as their underwriters of this par- ticular bond issue. It would mean tremendous experience, additional advice, additional input and additional suggestions. - 30 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 There was discussion pertaining to the handling of the golf course and beach bonds issues. vice Mayor zimmerman asked if there would be any advantages or disadvantages to staying with George Bland and Arnold Schneider for the structuring of the refinancing and going to a concerted effort of various companies in the sale of the bonds? Mr. Cheney informed him the bonds will be sold by a syndicate. It has been suggested by Mr. Blackwell that they form a three part manager. How these three people would arrange their financial sharing of that issue, he does not know. He further referred to there having been a lot of work done in the preparation for this issue. Councilman Wright referred to liking to see people working together and requested comment from Mr. Roberts. Mr. Roberts stated they would rather be the sole manager. They would reluctantly accept the other arrangement if it is the Council's wish. Councilman Cassandra referred to his original concern being the competitive concept and stated he does not necessarily agree with three managers. He would like the city Manager to evaluate these firms and submit a recommendation- Mr. Cheney questioned on what basis they could be evaluated? Mr. Cassandra .asked why the firm was recommended now and Mr. Cheney replied because he believes continuity is important and they can all do the work. Mr. deLong asked why we were trying to throw out the old firm when it has been satisfac- tory and Mr. Cheney clarified that he was recommending that we continue with the two people we have a relationship with nOW. Councilman Wright suggested that they reach a compromise and work together and Mr. Roberts agreed that they could pro- bably reach an agreement. Councilman Wright moved that Arch W. Roberts & Co. meet with Hough & Co. and Prudential-Bache Securities and come back with a regort with a resolution to this matter. Councilman deLong seconded the motion. Under discussion, Mayor Warnke referred to other financial institutions coming in and Mr. Cheney replied that we are not in the situation of bidding at this point, but are looking at financial advisers and making a judgment of which is best. Mr. zimmerman asked if the motion is for Arch W. Roberts & Co. to be the financial advisor and Mr. Wright replied negatively as the motion is they get together and come back with a solution. Mr. zimmerman stated he would rather go in the direction of - 31 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 appointing a firm which has done some work and go with a group for underwriting bonds. After further discussion, Mayor Warnke clarified the motion was to send back the recommendation of Arch W. Roberts & Co. and have them meet with Hough & Co. and Prudential-Bache to agree on a solu- tion. Motion carried 3-2 with vice Mayor zimmerman and Mayor Warnke dissenting. Mr. Roberts advised they could probably reach an agreement this evening, so it would not have to be delayed until the next meeting. Councilman deLong suggested this be included on the agenda for the special meeting and Mr. Cheney agreed and announced the meeting would begin at 6:30 P. M. on February 16. OLD BUSINESS NONE NEW BUSINESS Consideration and approval of Industrial Development Bond Program for Boynton Beach Councilman Cassandra referred to the Screening Committee and stated he would like the members from the Chamber of Commerce to be residents of Boynton Beach. Mr. Vance agreed this condition could be added. After discussion, Mr. Cassandra moved that the members from the Chamber of Commerce on the Screening Committee be residents of Boynton Beach. Mr. deLong seconded the motion. Motion carried 4-1 with Mr. Wright dissenting. Councilman Cassandra moved to approve the Industrial Development Bond Program for Boynton Beach, seconded by Councilman deLong. No discussion. Motion carried 5-0. Consider Approval of Maintenance Agreement - C-16 Canal Mr. Wright referred to the canal being cleaned and Mr. Cheney clarified that it is just not cleaning the canal, but doing maintenance. Mr. Frederick advised the agreement is that the city maintain the flat portion along the C-16 Canal from Seacrest Blvd. east to the railroad. We will keep that area cut, mowed and clean for upper bank access. The South Florida Water Management District indicated they will main- tain the slope along the canal. They will use chemical applications to contain weed growth, so people can have access to the canal for fishing. - 32 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 Councilman deLong moved to execute the maintenance agreement on the C-16 Canal, seconded by Councilman Cassandra. Under discussion, Mr. Zimmerman questioned the period of time covered and Mr. Frederick informed him it will be for as long as both parties agree. Motion carried 5-0. ADMINISTRATIVE Consider Appointing one member to Boynton Beach Housing Authority (Tabled) It was agreed to leave this on the table. Appoint one representative to Community Action Board and one alternate (Tabled) It was agreed to leave this on the table. Consideration of dedication of N.E. 10th Avenue and Boynton Terrace Apartments Councilman Wright referred to having a beautiful project and stated he felt we should do something to have the people look at it. He is also concerned about the rededication of N. E. 10th Avenue. He raised his concerns with Mr. Seaman and the county would be willing to work with the staff on this. He thinks we should do something to show our support of having something done along 10th Avenue. Councilman deLong moved that Councilman Sam Wright in con- junction with the City Manager set up a little affair, seconded by Councilman Cassandra. Under discussion, Mr. Cassandra referred to the expense and Mr. Wright replied that it would be no more than $100. Mr. Cheney questioned what was going to be done and Mr. Wright suggested bringing in some recommendations with costs for the Council's con- sideration. Motion carried 5-0. Authorize temporary additional position for Building Dept. Mr. deLong moved ko authorize this temporary position to carry out plans check activities and field inspections when possible and necessary in the Building Department per the City Manager's memo dated 2/7/84, seconded by Mr. Cassandra. Motion carried 5-0. Consider selection of Canvassing Board for Municipal Elections Vice Mayor Zimmerman moved to request the County Canvassing Board to canvass the city election. Councilman deLong seconded and the motion carried 5-0. REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 Consider approval of special events sign for St, Mark Catholic ChUrch parish Festival Mr. deLong moved to approve, seconded by Mr. Cassandra. Under discussion, Mayor Warnke asked if a banner can be put across Federal Highway and Mr. Cheney replied that it has been done fOr the G.A.L.A. Motion carried 5-0. Accept resignation from Justine Gobel - civil Service Board Mr. deLong moved to accept this resignation with a letter of thanks to be sent, seconded by Mr. Wright. Motion Carried 5-0. Consider replacement to fill above Mr. Cassandra moved to open nominations for a replacement, seconded by Mr. deLong. Mr. Cassandra nominated Ralph Marchese, 1901 Roma Way, and added that for approximately 15 to 20 years, he was an employee representative on a grievance board. Mr. deLong moved to close nominations. Motion carried 5-0 appointing Mr. Marchese. Accept resignation from Lester E. Ward - Building Board of Adjustment & Appeals Mr. deLong moved to accept this resignation with a letter of thanks, seconded by Mr. Wright. Motion carried 5-0. Consider replacement to fill above Mr. deLong nominated Mr. Lou Samyn and referred to sub- mitting a resume from him and added that he served on city boards previously. Mr. zimmerman seconded the nomination. Motion carried 5-0 appointing Mr. Lou Samyn. OTHER NONE ADJOURNMENT Mr. Wright moved to adjourn, seconded by Mr. Cassandra. Motion carried 5-0 and the meeting was properly adjourned at 11:30 P. M. REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1984 CITY OF BOYNTON BEACH, FLORIDA Councilman ATTEST- ~ty Clerk Recor~£ng~ecretary Four Tapes) - 35 - State of Florida DEPARTMENT OF NATURAL RESOURCES DR. ELTON J. GISSENDANNER F...xeCufl~e Diredor 3900 COMMONWEALTH BOULEVARD I TALLAHASSEE 32303 BOB GRAHAM Governor GEORGE FIRESTONE Secretary_ of State JIM SMITH Attorney General GERALD A. LEWIS Comptroller BILL GUNTER Treasurer DOYLE CONNER Commissioner of Agriculture RALPH D. TURLINGTON Commissioner of Education City of Boynto. n'~Bea'ch' Recreation and Park Department P.O. Box 310 120 N. E. 2nd Ave. Boynton Beach, FI 33435 ATTN: Mr. Charles Fred6~ick Prdject Director RE: Request For Clarification Dear Mr. Frederick: The Florida Department of Natural Resources, Bureau of Aquatic Plant Research and Control issued Joyce Environmental Consultants, INC. a permit (#SF-83-04-22-04) to control nuisance aquatic vege- tation in the City of Boynton Beach canals. The herbicides,that were requested have been approved by the Environmental Protection Agency and the Florida Department of Agriculture anff Consumer Services for t~he purposes requested by the permittee. Quarterly activity reports indicate that the permittee has used the requested herbicides at a rate consistent with label directions and that herbicide rates appear to have been applied below con- centrations requiring that use restrictions be placed on treated water. The Bureau relies on applicants to comply with notice requirements where notice is required by the Environmental Protection Agency. In this instance the permittee indicated that they would work with the City of Boynton Beach to comply with any notice requirements. The Bureau does not consider that this incidence has created any threat to health or to the environment. Daniel D. Thayer B~Scientist  ADMINISTRATION · LAW ENFORCEMENT · MARINE RESOURCES DIVISIONS / RECREATION AND PARKS · RESOURCE MANAGEMENT · STATE LANDS AGENDA February 7, 1984 CONSENT AGENDA - ADMINISTRATIVE Approval of Bills: Allen Insurance Agency Primary Accident policy for Police & F~re: Pay from 001-211-521-10-44---$2,107.00 Pay from 001-221-522-10-44--- 1,869.00 Additions to Automobile Policy: Pay from 001-193-519-40-41---$1,528.00 Audit on General Liability from 9/20/82 to 9/20/83: Pay from 401-395-539-40-4B---$8,843.00 Audit on Worker's Compensation policy from 10/16/82 to 10/16/83:~ Pay from 001-000-247-42-00---$25,300.00 Allied Universal Corporation Chlorine for Water Treatment Plant Pay from Water & Sewer Rev.---401-332-533-30-63 Arbor Tree & LandscaDe Company Time and Material for Tree & Stump Work Pay from BoB. Rec. Facility Constr. Fund 415-000-169-41-00 Artic A/C & Heatinq Air Cond./Compressor for Police Dept. Pay from General Fund---001-192-519-40-35 Boynton Beach Chamber of Commerce Services from Chamber for January, 1984 Pay from Publicity Fund---101-191-519-40-54 Davis Water & Waste Industries, Inc. Odophos Liquid for Sewage Pump Pay from Water & Sewer Rev.---40!-352-535-30-65 DeBra Turf & Industrial EquiD. COo 1 each Aerator, Turf Sweeper, Fairway Sweeper for Golf Course Pay from B.B. REc. Facility Constr. Fund 415-000-169-41-00 Per bid 11/17/83, Council approved 12/6/83 $ 39,647°00 1,305.36 3,250.00 2v249.00 19125.00 13,310.00 17,365 10. -2- Ernst & W~inne¥ Professional services rendered through 12/31/83 regarding annual audit for year ending 9/30/83. Pay from 001-131-513-40-66---$6,832.00 Pay from 401-392-539-40-66--- 6,059.00 Florence Fuller Child Development Center, Inc. 3rd of 4 payments as recommended by CRB and approved by City Council 9/20/83. Pay from Fed. Rev. Sharing---320-641-564-40-5A Florida Diesel Truck & Industrial Inc. Renovation of Vehicle $60 1979 Mack Dumpster Pay from Sanitation Cap.Replace.---103-341-534-60-85 Per'City Manager's Approval 11. Florida Diesel Truck & Industrial Inc. 12. 13. 14. 16. 17. Parts & Labor Repair to Sanitation Truck $82 Pay from General Fund---001-193-5!9-40-32 General Tire Service Tires and Tubes for Vehicle Repair Pay from General Fund---00!-193-519-30-22 Hesco Sales, Inc. 65 various size Yard Containers for Sanitation Pay from Sanitation Cap.Replace.---103-341-534-60-9B Per bid 10/27/83, Council approved 11/1/83 Holmac International Corp. Gas, Oil & Lube for Equipment Maintenance Pay from General Fund---001-193-519-30-21 IBM Corporation Rental of System 34 for January, 1984 Pay from General Funding001-133-513-40-2! Kelly Tractor Co. Balance remaining per statement for repair work done to Landfill/Trax-cavator due to fire. Pay from General Fund---001-195-519-90-12 Neptune Water Meter Co. Water Meters and Parts for Water Distribution Pay from 401-333-533-60-51---Water & Sewer Rev. Bid Item $ 12,891.00 1,099.01 6,222.32 1,217.85 5,154.00 20,062.20 1,672.00 5,381.00 3,618.12 11,161.28 COUNCIL APPROVED: Meeting: 19. 20. 21. 22. 23. Palm Beach County Solid Waste Authority Use of County Landfill for month of November, 1983 Pay from General Fund---001-341-534-40-9A Palm Beach County Solid Waste Authority Use of County Landfill for month of Decembert 1983 Pay from General Fund---001-341-534-40-9A Raulerson's TV & Appliances 3 Air ~onditioning Units for Golf Course Maintenance Building and Storage Building. Pay from B.B. Rec. Facility Constr. Fund 415-000-169-41-00 Bid Item, Council approved 1/3/84 S.I. Lime Company Pebble Lime for Water Treatment Plant Pay from Water & Sewer Revo---401-332-533-30-65 Shurly Contracting, Inc. Fill Material hauled to Pistol Range Pay from General Fund---001-000-247-15-00 Per proposal 8/30/83 Shurly Contracting, Inc. Est. ~6 N.E. 10th. Avenue Project Pay from General Fund---001-000-115-87-00 100% reimbursable Community Development Block Grant 24. South Central Regional Wastewater Treatment Board 25. 26. Services rendered in connection with treatment & disposal of wastewater for month of January, 1984 Pay from Water & Sewer Rev.---401-353-535-40-9I R. J. Sullivan Corporation Est. ~6 San Castle/St.Andrews Part A for period 12/15/83 to 1/18/84. Pay from Util. Cap. Improvement---404-000-!69-11-00 Sunniland Corporation 10-10-10 for Golf Course Pay from B.B. Rec. Facility Constr. Fund 415-000-169-41-00 Per bid 10/18./83, Council approved 11/1/83 $ 37,703.00 39,671.00 1,924.00 5,837.63 4,349.10 47,259.35 73,419.30 87,913.94 4,952.25 COUNCIL A?PROVE~ 27. 28° 29. 30. 31. -4- Underground Supply Co.,Inc. Fire Hydrants for Golf Course Pay from B.Bo Rec. Facility Constr. Fund 415-000-169-41-00 Unijax Supplies (Janitorial etc.) for various departments in General Fund, Water & Sewer Rev. and Golf Course James W. Vance, P.A. Professional Legal Services rendered Re: Joensuu Forfeiture Pay from Misc. Trust F~nd---691-000-269-12-00 Isiah Andrews Driver for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance 973-15, passed 5/15/73 Willie Ruth McGrady' Server for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-64!-564-40-5A Per Ordinance ~73-15, passed 5/15/73 lv677.40 2,238.94 1,125.00 140.40 134.40 The bills described have been approved and verified by the department heads involved: checked and approved for payment by the Finance Department. I therefore recommend payment of these bills. et~~ r/~L .~Che~n~y Manager COUNCIL APPROVED: Nieetin ADDITIONS C I TY OF BOYNTON BEACH REGULAR CITY COUNCIL MEETING AGENDA February 7, 1984 ~ 7:30 P.M. V. CONSENT AGENDA F. Approval of Bills Certified Welding Engineers Inc. (Being added to take advantage of 2% cash discount) $5,050.00 ADDITIONAL MATERIAL FOR ITEMS ALREADY LISTED ON THE AGENDA VIII. DEVELOPMENT PLANS: A. Approve Mater Plan Modification - Catalina Club TO; FROM RE: MEMORANDUM I February 198-4. Peter L, Cheney, City Manager Carmen S. Annunziato Director o,z Planning CATALINA CLUB - MASTER PLAN MODIFICATION VIII. cc: DEVELOPMENT PLANS A. Building Planning Utilities Engineering Dennis Perry, agent ~or Riteco Development Corporation has requested on behat~ o~ his client, Riteco Development Corporation, a modification to the previously approved Catalina Club (Congress Lakes PUD). The modifications are several :~n number as ~ol].ows: i. A request to be permitted to transfer to other portions the F'UD~ units made surplus by the specific design o¥ individual phases; ~.~' A request ,_~ modi,~y the package o~ recreation Yeaeures,_ as a result of a change in project concept from rental to condominium sales; 3~ The addition o¥ t,/~o uses ..- an 800'~ s'~orag~:_ ..-- bL:i].ding, and a satellite dish antenna; 4. A modification of the lake proposed irt Phase 7; and A combination of Phases 7 and 8 into one development phase. -['he procedure for approving master plan modifications in planned unit developments is two-fold. First, the City Council must make a determination as to whether or not 'the changes requested are substap, t. ial in nature. A determination of substantial change on ti~e part o~ the City Council which has sole discretion ir-, this matter~ would require a new application for PUD. On the other hand, a determination of no substantial change allows the forwarding of the request to 'the Planning and Zoning Board. The Planning and Zoning Board then may approve the request. This procec!ure appears in Appendix B, Section 12 of the Code of Ordinances. With respect to changes requested ;Dy Mr. Perry, the Technical Review Board met on Tuesday:, January .];1, 1984:, and after' review of 'the plans submitted, ~-" ~=-- ,.~ ~ ~or your consideration~ the:i.r recommendation as ~o]. tows: ..... Page %-- !. That the City Council make a .~inding o.~ no substantial c~hange on the requested modi¥ications~ and that the Planning and Zoninr~ Board approve these requests. 2. Consistent ~ith previously agreed upon procedures.~ the developer should be permitted to trans'~er his surplus units, but that the total unit c:ount in any receiving development phase, not be increased by more than 5% over the number o¥ units initially approved. /bks Mr. Dennis Perry Technical Review Board Central File CARMEN S. ANNUNZiATO~ DIRECTOR OF PLANNING TO: FROM: RE: MEMDRANDUM I February 1984 Peter L. Cheney City Manager Carmen S. Annunziato Director' o~ Planning CEDAR RIDGE] PUD/MASTER PLAN MODIFICATION VIII. CC -' DEVELOPMENT PLANS B Building Planning Utilities Engineering David Mankuta." agent ~or Boynton Development Corporation, has requested on behalf o¥ his client, modifications to the previously approved Cedar Ridge Estates PUD. The modi-~ications requested ar'e as follows: 1. A request to be permitted 'to change the proposed dry storm water retention ~acility into a lake, with an average seasonal depth of approximately ten feet; and.~ 2. To adjust the street grades in the single-family detached homes area. I-he procedure for approving master plan modi¥ications in planned unit developments .~,s two-fold. First., the City Council must make a determination as to whether or not the changes requested are substantial n nature. A determination o.~ substantial change on the part o¥ the City Council which has sole discretion in this matter.~ would require a new application for F:'UD. On the other hand.~ a determination of no substantial change allows the '6orwarding o~ i~e request to 'the Planning and Zoning Board~ The Planning and Zoning Board then may approve the request, approve the request with modi.~ication or deny the request. This procedure appears in Append:ix B., Section 12 o¥ the Code of Ordinances. With respect to tP.e changes requested by Mr. Mankuta.~ the Technical Review Board met on Tu. esday, January 31, 1984, and aYter rev~_ew and discussion o¥ 'the plans submit'Led, of-~er for your consideration the ¥ollowing r ecommendat i on: 1. That the City Council make a ¥inding o~ no substantial change on the reques'ted modi¥iciation." and that the Planning and Zoning Board ~approve the requ. est as submitted. ~.,' 1_") k s c:c David Mankuta Technical Review Board E,'entral File