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Minutes 01-03-84MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, JANUARY 3, 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 welcomed everyone to the first meeting of 1984 and called the meeting to order at 7:30 P. M. He announced the Invocation tonight will be given by Mrs. Agnes GOff, First Church of Christ Scientist, followed by the Pledge of Allegiance to the Flag led by Councilman Samuel Lamar Wright. AGENDA APPROVAL Councilman deLong stated under Other - Legal, he has one item in reference to bar closings on the first of the year to get squared away as there is a confliction between the ordinance and what the people voted for. Mr. Cheney stated that he has an additional resolution to accept the utilities and release the performance bond for Banyan Springs. Councilman Cassandra stated under the Consent Agenda, he would like to remove Item E for diScussion purposes. Councilman Wright stated he would like to make an announ- cement. Vice Mayor Zimmerman moved to approve the agenda with the additions and corrections, seconded by Councilman deLong. Motion carried 5-0. ANNOUNCEMENTS Mayor Warnke announced that members of the Boynton Beach Chapter No. 2841 of the American Association of Retired Persons, Inc. will be providing their annual Tax-Aide Program at the Boynton Beach City Hall, second floor, com- mencing Wednesday, February 1, 1984, through Friday, April 13, 1984. AARP members will be available Monday, Wednesday, and Friday, from 9:00 A.M. to 4:30 P.M. Councilman Wright introduced Mr. Frederick Gant, who is visiting his family from Washington, D. C., and taking a look at Boynton Beach and the surrounding area to make a decision what he wants to do after finishing law school. MINUTES Regular City Council Meeting Minutes of December 20, 1983 Mr. Cassandra moved to accept the minutes, seconded by Mr. deLong. Motion carried 5-0. REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 CITY MANAGER'S REPORT Industrial Revenue Bonds Workshop Mr. Cheney announced a workshop will be held tomorrow night at 7:30 P.M. on industrial revenue bonds. He explained that explanations and presentations would be given. Mr. deLong told about being instrumental originally getting the City accredited by the state for these bonds. Golf Course Mr. Cheney reported there are 640 people on the waiting list, plus 800 people have paid the 3/4 fee and it is not opened yet. PUBLIC AUDIENCE Mayor Warnke announced that anyone who wishes to speak on any item not on the agenda is free to come forward at this time. If anyone has something to say about an item on the agenda, they should leave their name with the City Clerk and they will be called upon when that item comes up. Mr. Ralph Marchese, 1901 Roma Way, told about two street corners in his area being absolutely dark resulting in cars running over lawns because the street cannot be seen. He would like to know what he can do to get lighting at the corners of S.W. 17th St. and 18th St. and Roma Way and S.W. 18th Street. Mr. Cheney asked if he meant 17th Avenue and 18th Street and Mr. Marchese agreed this may be right. Mr. Cheney explained that on public streets, Florida Power & Light Co. is requested to make a study and they submit a solution. Mr. deLong moved to turn this over to the City Manager and let him get in touch with Mr. Marchese and work this out with a satisfactory solution. Mr. Wright seconded the motion. No discussion. Motion carried 5-0. Mrs. Lucia Smith, 2207 N.Ei 3rd Court, referred to being unable to reach Councilman Wright by telephone and Councilman Wright requested that she leave a message on the recorder at his home number or if important, City Hall can reach him during the day. Mrs. Smith then told about her water bill increasing almost 100% and questioned the basis for the increase. Mr. Cheney - 2 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 replied that he would have to check her record, but the rates were raised an average of 13-14% this year. He will send a note to her explaining the increase and how it was arrived at. After further comments, Mr. Cheney advised that he would send Mrs. Smith a complete report. Mrs. Smith referred to Christmas lights and suggested if one is bought each year, additional areas could be lighted. Mr. Cheney told about adding some lights each year and also replacing others. CONSENT AGENDA A. Bids Two (2) air conditioning units for the Golf Course Maintenance Building and one (1) air conditioning unit for the Golf Course Cart Storage Building The Tabulation Committee recommends awarding the bid to Raulerson's, Inc., Lake Worth, Florida, in the amount of $1,924. Be Ratification of South Central Regional Wastewater Treatment and Disposal Board of December 5, 1983, Re: Authorizing Russell and Axon to prepare as an Addendum to their Expansion Report of July 1983, a Supplemental Conceptual Design RepOrt Ce Request for Zoning Approval for Alcoholic Beverage License - Frontier Restaurant Corp., 3675 South Federal Highway The Deputy Building Official noted that zoning at this loca- tion permits the sale of beer and wine, consumption on pre- mises along with package sales, in conjunction with a duly licensed restaurant. De Request for Zoning Approval for Alcoholic Beverage License - St. Andrews Club, Inc., 4475 North Ocean Blvd. The Building Official noted this is an allowed use in the R3 zone and based on Section 3-7 of the City of Boynton Beach Codes of Ordinance. This decision is based on the fact there is no establishment (as listed in Section 3-7) in the City within 2,500 feet of the proposed license. Moreover, paragraph B of Section 3-7, excempts the restaurant on the St. Andrews property from the distance requirements. - 3 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 E. Approve Increase in Mileage Rate for Russell & Axon In accordance with the request submitted from Russell & Axon, the City Manager recommends that the City Council con- cur in the increase in the standard mileage allowance for Russell & Axon reimbursement contracts from 20~ per mile to 20.59 per mile. Fo Request from Boynton Beach Rotary Club for Permission to Sell Beer for Their Barbeque at the Boat Club Facility Mr. Cheney concurs with the recommendation of the Recreation & Parks Director to allow the Boynton Beach Rotary Club to sell beer at this barbeque. G. Approval of Bills See list attached. Mr. deLong moved to approve the City Manager's Consent Agenda, Items A thru G inclusive. Mr. Wright seconded the motion. Mr. Cassandra referred to the address on Item D and Mr. Cheney explained this was the mailing address of the applicant. Mr. Cassandra then referred to Item E and being concerned and stated just because IRS says they can increase the mileage allowance, it does not mean it is guaranteed from the City. There should be a justification for an increase. Mr. Cheney replied that possibly we may not want the real cost justified as it may be 30~. Mr. Cassandra stated he thinks there should be some justification other than the IRS saying they are allowed this. After further discussion, Mr. Cassandra submitted an amend- ment to the motion to delete Item E. Mr. Zimmerman seconded the motion. Motion carried 5-0. Mayor Warnke then called for a vote on the original motion and it carried 5-0. BI. DS NONE PUBLIC HEARING NONE - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 DEVELOPMENT PLANS Request for Six Month Extension on Parkcrest Apartments Site Plan Mr. deLong referred to reading this over thoroughly and moved to accept the recommendation from the Planning & Zoning Board to deny this request. Mr. Cassandra seconded the motion. Mr. Cheney advised this is a recommendation of the Planning Director and Mr. deLong corrected his motion to uphold the recommendation of the Planning Director to deny this request. Under discussion, Mr. Wright commented that in the past, we have approved most of them, but he doesn't think any were carried over a three year period. Mr. deLong remarked that this applicant has been given many oppor- tunities. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - Public Hearinq Proposed Ordinance No. 83-46 - Re: Annexation - Melear Property ....... POSTPONED TO JANUARY 17, 1984, FROM DECEMBER 20, 1983, MEETING. Proposed Ordinance No. 83-47 - Re: Amend Land Use Element Melear Property ....... POSTPONED TO JANUARY 17, 1984, FROM DECEMBER 20, 1983, MEETING Proposed Ordinance No. 83-48 - Re: Rezone - Melear Property POSTPONED TO JANUARY 17, 1984, FROM DECEMBER 20', 1983 MEETING Proposed Ordinance No. 83-49 - Re: Annexation - Lake Worth Christian School Mr. Vance read proposed Ordinance No. 83-49 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION VII, (NUMBER 32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND FLORIDA STATUTE 171.044; PROVIDING - 5 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE, AUTHORITY TO CODIFY; AND FOR OTHER PURPOSES. Mayor Warnke asked if anyone in the audience wished to speak in favor of proposed Ordinance No. 83-49 and received no response. He asked if anyone wished to speak in oppoSition to this ordinance. Mrs. Smith advised that she didn't know what this is all about and Mayor Warnke informed her this is second reading of an ordinance to annex the Lake Worth Christian School property on High Ridge Road into the City. He then declared the public hearing closed. Councilman deLong moved to adopt proposed Ordinance No. 83-49 on second and final reading, seconded by Vice Mayor Zimmerman. No discussion. 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. 83-52 - Re: Amend Land Use Element - Lake Worth Christian School Mr. Vance read proposed Ordinance No. 83-52 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY,i 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 PROVISION; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Warnke ascertained nobody wished to speak either in favor or opposition to this ordinance and declared the public hearing closed. - 6 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 Councilman deLong moved adoption of Ordinance No. 83-52 on second and final reading, seconded by Councilman Wright. 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. 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 Councilman deLong moved the adoption of proposed Ordinance No. 83-53 on second and final reading, seconded by Councilman Cassandra. 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. 83-55 - Re: Amend Charter Re: Civil Service Board Mr. Vance informed the Council there has been a change in this ordinance since first reading with reducing the title on the ballot to meet state statute. There is no change in the substance, just a reduction in the amount of language - 7 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 and it means the same. 83-55 by title: He then read proposed Ordinance No. 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 SYSTEM FOR PERSONNEL, SECTION 72.4(a) OF THE 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 AMENDING ARTICLE IV-A. MERIT SYSTEM FOR PERSONNEL, SECTION 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. Mayor Warnke asked if anyone wished to speak in favor of proposed Ordinance No. 83-55 and received no response. He asked if anyone wished to speak in opposition. In response to a request from the audience, Vice Mayor Zimmerman read the condensed ballot title from the body of the ordinance. The public hearing was then declared closed. Councilman deLong moved adoption of proposed Ordinance No. 83-55 on second and final reading, 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. - 8 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 Proposed Ordinance No. 83-56 - Re: Amend City Charter Re: City employee probation status and reference to Personnel Director The City Attorney 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. Mayor Warnke received no response when he asked if anyone wished to speak in favor or opposition to this proposed ordinance and then declared the public hearing closed. Councilman deLong moved the adoption of proposed Ordinance No. 83-56 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. Ordinances - 1st Reading Proposed Ordinance No. 83-54 - Re: Revised Election Code POSTPONED TO JANUARY 3, 1984, FROM DECEMBER 20, 1983 Mr. Vance informed the Council there is one additional correction in this ordinance on page 5, second line - 9 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 following the crossed out language, the fourth Thursday should be changed to the last Thursday. In addition, in Section 4, the language has been reduced to 15 words to appear on the ballot. The blanks on Page 4 will be the number of this ordinance. Mr. Vance advised there have to be two decisions made by the City Council. What the districts will be geographically and .. whe~W~hich ones. will be Up for election. These items are substantial matters and the decisions must be made prior to first reading. Councilman Wright referred to submitting his concerns in writing and stated he does not like the huge district west of 1-95 where most of the growth is taking place. He knows we should have equal distribution of population. Secondly, he did not like where the districts are carved. Personally, he feels the north District IV which encompasses three- quarters of the black community is now being cut in half and dividing the black community. Mayor Warnke questioned his suggestion to change this and Mr. Wright replied that he thinks we are creating some problems with splitting the com- munity that much. With what is happening in courts throughout the state, he feels everyone should have a voice on elections. We should keep in mind the real purpose of districts. This proposal will split the community and he believes people may challenge it. Mayor Warnke again requested his suggestion to change it and Mr. Wright replied that 2nd Avenue is the boundary limit now and possibly that should remain and not split that district. Mayor Warnke replied that he understood his concerns with dividing a cer- tain portion of the city, but this may be advantageous with allowing more than one minority person to run for City Council. Mr. Vance explained the establishment of districts should be near equal in population with reasonable lines. Mayor Warnke referred to court cases with ethnic groups and Mr. Vance advised in this particular situation with the voting at large, it probably doesn't make a real difference. If there is the desire to keep one ethnic group in one district and it can be accomplished reasonably by the Council, it would probably be a better thing to do in view of recent case law. Following further discussion about court cases relating to minority districts, Councilman Wright clarified that he was sharing concerns which have been raised by people in the - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 community. They have asked why we are tampering with the district system and reducing it to four districts with the growth in this city and suggested leaving it with five districts. Also, he was reminded that the districts are drawn similar to West Palm Beach with five districts, but the mayor is elected by the Council and the black community is not split. Mr. Cheney clarified that Councilman Wright mentioned two things. One is splitting the minority community and the second is the issue of the big area west of 1-95. The current districts go east and west and the proposed go_ north and south. Mr. Wright also pointed out that he would be confined where he could move to with staying in his own district and would have more flexibility if the lines are drawn east and west. Mayor Warnke again asked for a physical suggestion to change the proposed districts and Vice Mayor Zimmerman replied if this district is lengthened, to keep within the population, the eastern or western boundaries would have to be reduced. He suggested possibly moving the eastern line to Federal Highway. Mr. Wright stated that he did not have the popula- tion figures and could not draw a map. Councilman deLong stated the City Planner did a remarkable job on drafting the first districts and also did a good job this time. He does not like to see segregation creep into this. He stated that Councilman Wright was elected in District IV and moved into District V and still was elected again. Mr. Wright replied that based on what might hold up in court, we should be cautious on how to draw these lines. Mr. deLong requested a legal opinion from the City Attorney. Mr. Vance advised the decisions in this area are all over the ball park. Essentially, there is no history on past discriminatory action in Boynton Beach. However, as a prac- tical matter, anybody can file a law suit. If the desires of keeping the communities together can be handled in a reasonably expeditious manner, it would be the reasonable approach. He thinks it would be worthwhile trying to work out the other approach. Mr. Wright offered that if necessary, he could sit down with the City Planner to find out about the figures. If we can do something now to avoid problems in the future, he thinks it should be considered. Mr. Cassandra questioned if changes could be made at second reading of this ordinance and Mr. Vance replied negatively as these are considered substantial changes. Before first reading, general boundary areas must be set. - 11 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 Mr. Cheney suggested if the districts are changed to east/west, then as development takes place over the next five years, the development in the western area will be about equal and the differential between the size in districts would probably not be as great as with having a large area west of 1-95. However, this would combine areas that are not communities. Mr. Vance agreed that with reaso- nable guidelines, he thinks the Planning Department could come up with something by next week. Mr. Cassandra referred to approaching the deadline date and Mr. Cheney advised there was still time to have first reading at the second meeting in January and second reading at the first meeting in February and still have time to meet the deadline for the ballot. After further discussion, Mr. deLong moved to postpone this item until January 17 and in the interim, the Vice Mayor and Councilman Wright will meet with the City Manager, city Attorney and City Planner to resolve these concerns. Mr. Cassandra seconded the motion. Under discussion, Mr. Zimmerman commented that if east/west divisions are used for all four districts, it might create another situation west of 1-95 by splitting Leisureville. Mr. deLong suggested that this be discussed and resolved before January 17. Motion carried 5-0. Proposed Ordinance No. 84-1 - Re: Amending Organizational Chart relative to Occupational Licenses Mr. Vance read proposed Ordinance No. 84-1 by title: AN ORDINANCE OF THE CITY OF BOYNTON BEACH AMENDING THE CITY ORGANIZATIONAL CHART, PROVIDING FOR A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Ordinance No. 84-1 on first reading only, seconded by Councilman Wright. No discussion. 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. - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 Proposed Ordinance No. 84-2 - Re: Absence of city Manager The City Attorney read proposed Ordinance No. 84-2 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2. ADMINISTRATION, ARTICLE II. CITY MANAGER, SECTION 2-31. TEMPORARY ABSENCE OR DISABILITY. OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA, BY REPEALING THE PRESENT ORDINANCE PROVISION AND SUBSTITUTING THEREFOR MORE CLEARLY DEFINED PROVISIONS RELATING TO THE TEMPORARY ABSENCE OR DISABILITY OF THE CITY MANAGER; 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. 84-2 on first reading only, seconded by Councilman Wright. Under discussion, Mr. deLong asked if we are going to be in violation of House Bill 1020 or the City Charter where it pertains to any distribution in power and Mr. Vance replied negatively as the charter is not being amended. Mr. Cassandra clarified that the two additional paragraphs spell out in part (a) if the City Manager is out of town under 48 hours, he does not need approval from anybody and if out over 48 hours, he needs approval from the City Council. Mr. Vance added that part (b) points to if he is out over 48 hours, he must appoint an acting City Manager; basically the prior language was unclear. Mr. Wright added that this means the City Manager can leave the City for two days without anybody knowing where he is and Mr. deLong replied that he thinks somebody should know where he is. Mr. Wright stated that he should notify the Council in writing and for more than two days, he should get Council's approval. 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. Resolutions Proposed Resolution No. 84-A - Re: N.E. Water Line Easements Authorizing Filing of Eminent Domain Proceedings - 13 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 Mr. Vance read proposed Resolution No. 84-A by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, DECLARING THAT THE ACQUISITION OF EASEMENTS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF SEWER FORCE MAIN AND WATER LINES, TO BE A PUBLIC NECESSITY; AUTHORIZING THE EMPLOYMENT OF APPRAISERS, THE ACQUISITION OF SAID WATER AND SEWER EASEMENTS BY PURCHASE OR EMINENT DOMAIN, AND AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS. Mr. deLong moved the adoption of proposed Resolution No. 84-A, seconded by Mr. Wright. (Mr. Cassandra had left the room.) No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman deLong - Aye Councilman Wright - Aye Motion carried 4-0. Proposed Resolution No. 84-B - Re: Approving Final Plat for Pod D-l, Hunters Run Mr. Vance read proposed Resolution No. 84-B by title: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR POD D-1 AT HUNTERS RUN, A REPLAT OF PART OF THE SUMMIT, PLAT 1 IN SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST Mr. deLong moved the adoption of proposed Resolution No. 84-B, seconded by Mr. Zimmerman. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Zimmerman - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Motion carried 4-0. Proposed Resolution No. 84-C - Re: Creation of Position of Assistant to the City Manager Mr. Vance read proposed Resolution No. 84-C by title: - 14 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE JOB DESCRIPTION FOR THE POSITION OF ASSISTANT TO THE CITY MANAGER AND MAKING IT A PART OF THE CITY'S PAY PLAN Mr. deLong moved the adoption of proposed Resolution No. 84-C, seconded by Mr. Wright. Under discussion, Mr. Wright referred to not having a copy of the pay plan available and questioned the starting pay for this position and Mr. Cheney informed him it is $25,600. Mr. deLong questioned what it runs to and Mr. Cheney replied to $31,200 for the first five steps. 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. Proposed Resolution No. 84-D - Re: Future Annexation - Straw Ballot Mr. Vance read proposed Resolution No. 84-D by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY CLERK TO INCLUDE IN THE ELECTION PROCLAMATION FOR THE GENERAL ELECTION OF MARCH, 1984, A STRAW BALLOT QUESTION RELATING TO ANNEXATION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Resolution No. 84-D, seconded by Vice Mayor Zimmerman. Under discussion, Mayor Warnke stated that he still questions why it states "with the exception of annexation that will generally even off in a north/south direction the City boundaries". This could even off the north/south boundaries out to Route 441. He is not in agreement with this wording. He would rather have the voters vote on "are you in favor of prohibiting areas west of the City". He questions if the voters will understand this. Mr. deLong explained how the squaring off could be done. Mr. Zimmerman questioned if Lawrence Road, Congress Avenue or Knuth Road could be included for further identity and Mr. deLong replied that it must be specific because there is - 15 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 Barwick Road to the south. Mayor Warnke stated he is in favor of asking the people whether they want to annex more. There was further discussion about the applicable annexation area and then Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLong - Aye Councilman Wright - Nay Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Motion carried 4-1. Proposed Resolution No. 84-E - Re: Refinancing of Utility Bonds Mr. Cheney informed the Council this resolution implements what was discussed at the workshop meeting. Mr. Vance then indicated the following changes and additions to be made: Page I-1 - Eliminate the definition of "Available Impact Fees". Page I-4 - Fill in blanks: 79-18 and June 19. Page I-5 - Fill in blanks: 407 and 602 Page II-12 - Section (f) add: together with a certifi- cate from the consulting engineers as to the percentage of the principal amount of such series of bonds allo- cable to expansion projects. Page II-13 - Middle of second'paragraph - clauses (d) and (f). Page V-ll - Section 514, add: Deposits to and After title, add: The City covenants that all Impact Fees will be collected by the City and depo- sited as received with a Depository or Depositories to the credit of the Impact Fee Fund. Page V-13 - Second paragraph, letters should be: (C), (B) and (D). Next paragraph, fourth line up, blank should be (B) and (C) changed to (B). Page VII-12 - Blanks should be 514, (B), 514. Mr. Vance then read proposed Resolution No. 84-E by title: A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $50,000,000 WATER AND SEWER UTILITY REVENUE BONDS OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR THE PURPOSE OF PROVIDING FUNDS, TOGETHER WITH ANY OTHER AVAILABLE FUNDS, FOR PAYING THE COST OF PAYING AT THEIR RESPECTIVE - 16 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 MATURITIES OF REDEEMING THE OUTSTANDING SIX SERIES OF WATER AND SEWER REVENUE BONDS OF THE CITY ISSUED PURSUANT'TO RESOLUTION NO. 64-FF, ADOPTED BY THE CITY COUNCIL ON JULY 30, 1964, AS SUPPLEMENTED, AND ACQUIRING AND CONSTRUCTING ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY'S WATER AND SEWER UTILITY; PROVIDING FOR THE ISSUANCE OF ADDITIONAL WATER AND SEWER UTILITY REVENUE BONDS OR THE INCURRENCE OF INDEBTEDNESS TO THE STATE OF FLORIDA TO PAY ALL OR PART OF THE COST OF ADDITIONAL IMPROVEMENTS TO THE CITY'S WATER AND SEWER UTILITY; PROVIDING FOR THE PAYMENT OF SUCH BONDS AND THE INTEREST THEREON FROM NET REVENUES OF THE CITY'S WATER AND SEWER UTILITY AND THE EXTENT PROVIDED HEREIN FROM IMPACT FEES; SETTING FORTH THE RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH BONDS; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mr. Ed Wollenweber came before the Council and stated he wanted to speak to affirm the basic concept and ask about the procedure from here. As a representative of Prudential-Bache Securities, he affirms the bank concept of refunding as it has been presented. He hopes when the time comes to move from the concept to the actual plan, the Council will not neglect the fact there are additional com- panies wishing to work with the City. Mr. deLong informed him this will come under the purview of the City Manager in conjunction with the Finance Director and City Attorney. Councilman deLong moved that proposed Resolution No. 84-E be adopted, seconded by Councilman Cassandra. Under discussion, Mr. Cassandra asked if a special meeting is required to refinance the present bonds and Mr. Vance replied affirmatively. Mr. Cassandra asked if it was also stating we are approving the issuance of bonds up to $50,000,000 for something other than our outstanding bonds and Mr. Vance replied negatively, but it is approving a vehicle that will permit the City Council at a future date to authorize the issuance of bonds under the issue which has been validated; there is an added percentage in there just in case. Mr. Cheney added that we are also putting in notice when participating in this refinancing that we plan to issue some bonds in the future. Mr. deLong clarified that it must come back to the City Council every time an issue is floated. Councilman Wright asked if before any action is taken regarding what firm is used, the Council would make a deci- sion and Mr. Cheney informed him that we have an agreement - 17 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 with Florida Municipal Securities to give advice and work through on this refinancing. The issue before us is whether to go on negotiating a sale or open competitive bidding for refinancing. He explained how also there was the question of syndicating to be considered. If we were to stop now and not sell this ~ssue, Florida Municipal Securities would not get any pay. If we do proceed, Florida Municipal Securities will get compensation according to the terms of the contract. The issue which Mr. Wollenweber raised will have to be answered down the road. There are many underwriting firms in Palm Beach County which would like to be involved. Vice Mayor Zimmerman referred to the amount of $50,000,000 and questioned if there was any logical reason why this amount was picked or to cover all circumstances and Mr. Vance replied it was purely arbitrary. Mayor Warnke clarified that anything above refunding will still have to come before the Cou~ncil. 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. Proposed Resolution No. 84-F - Re: Accepting Utilities and Releasinq Performance Bond for Banyan Springs Mr. Vance read proposed Resolution No. 84-F by title: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING UTILITIES AND RELEASING THE PERFORMANCE BOND FOR BANYAN SPRINGS, PLAT 7 Councilman deLong moved the adoption of proposed Resolution No. 84-F, seconded by Councilman Cassandra. Under discussion, Mr. Cassandra questioned if this has been reviewed and recommended and Mr. Cheney replied affir- matively with the Utility Director recommending adoption. Mrs. Boroni then took a roll call vote on the motion: Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 Councilman deLong Councilman Wright - Aye - Aye Motion carried 5-0. Other Bar Closings Mr. deLong referred to the bar closings on New Year's and stated the ballot says one thing and something else was put in the ordinance. Mr. Vance advised the ballot required a certain minimum and the City Council decided to go further than the minimum. The Council can amend that ordinance if desired. Mr. deLong stated that he thinks it would be defi- nitely in line with what the intent was as it says with the exception of January 1 of each year. He thinks it should be amended to permit it according to the will of the people who voted for it. The ordinance conflicts with what the people voted for and we should follow what the ballot said. Mr. deLong moved to have the City Attorney amend the ordi- nance to coincide with the wording on the ballot provided the limitation shall not apply on January 1 of each year. Mr. Cassandra seconded the motion. No discussion. Motion carried 5-0. OLD BUSINESS NONE NEW BUSINESS Consider Request of Community Redevelopment Agency for Allocation of $40,000 for 1983/1984 Councilman Cassandra stated that we, as a Council, at budget time directed the City Manager to put in the administrative funds the amount of $40,000 and at which time the Council decides, we will allocate and transfer this $40,000 if it is felt it is needed. This was done at budget time. Mayor Warnke replied that was under discussion, but was never budgeted; we had a reserve of $47,000 in the revenue sharing funds, but it was not earmarked or designated for the C.R.A. Mr. Cassandra replied that he thought we did direct the City Manager to put that $40,000 in, in case we decided to allo- cate to the C.R.A. Mayor Warnke disagreed and stated the question is do we want to allocate it. - 19 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 Councilman deLong questioned where the salaries are coming from for the attorney and clerk and Mayor Warnke informed him there is about $3,000 left from the original amount designated three years ago. Councilman Cassandra clarified that a vote must be taken on the $40,000. Mr. deLong asked if there was a hangup in paying the salaries? Mr. Cheney replied that a decision must be made soon on these funds as they don't have much left; the $60,000 approved last year is about used up, $50,000 one year and $10,000 the previous year. The basic commitment of $50,000 allocated for the use of the C.R.A. was last year and they have spent that according to their budget put before the Council. They now have another budget of $40,000 and have suggested how they would like to use it. Councilman Wright moved to approve the request from the C.R.A. regarding their $40,000 budget. Councilman Cassandra seconded the motion. Mayor Warnke clarified that it has been moved and seconded to allocate $40,000 to the Community Redevelopment Agency for 1983/84. Under discussion, Vice Mayor Zimmerman referred to between the time now and adoption of the plan by the Council, which might be June or some such date before or after, and questioned what great need would there be of paid employees on this agency? He has attended all the agency meetings and this has not been made very clear to him. What activities will the paid employees be doing? He knows they want salary if they report to work. Mr. Cassandra referred to the pro- posed budget for the fiscal year explaining that and pointed out that it implies their administrative officer needs $6,000. Mr. Zimmerman agreed and clarified that he was questioning just what this administrative officer will be doing? Mayor Warnke asked where they will be using this money? Mr. Wright suggested that Mr. Scheiner be called upon to answer these questions in the absence of Mr. Thompson. Mr. Zimmerman added if the plan is adopted, he is sure they will have plenty of work to do. Mayor Warnke asked if anyone from the C.R.A. wished to com- ment on this and called upon Mr. Sam Scheiner. Mr. Scheiner advised that in the budget which was presented to the City Council, he thinks the C.R.A. pointed out the expenditures which they intend to actually have for this coming year. There are possibilities of consultants being hired to imple- ment the plan or to help sell it to the general public. They have legal counsel they want to continue with. They have the director handling day-to-day operations. Actually, - 20 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 they cannot tell right now what problems they will run into. The big problem now is the location of the bridge. They are trying, through public relations, to get some answers before presenting the plan to the City Council. He thinks $40,000, with considering the amount of work that has to be done, especially when the City Council approves the plan and what is going to happen right after, is reasonable. Mr. Zimmerman replied that he can understand when the plan is approved, the attorney will be busy, so will an executive director; but in the interim, things will be in suspense. Mr. Scheiner agreed, but added that the budget runs until September or October, 1984. Mr. deLong stated if we don't appropriate the money, we will be putting the C.R.A. out of business. Mr. Scheiner replied that if it is not appropriated, he is sure they will all resign. Mr. deLong continued that $60,000 has gone down the tube already. Mr. Scheiner advised that they have received a report from the consultants and have had the work of the attorney and director. Mr. deLong questioned what the thoughts were of not appropriating the money? Mr. Wright clarified that a budget is only a projection and not that they will use all this money. Mr. Zimmerman stated if the attorney is employed and the executive officer is employed, they will be paid. Mr. Scheiner advised that they cannot anticipate what is going to happen between now and the time it is presented to the City Council because of some of the things which have been coming up. At the present time, he had the consultant help prepare a letter to the Dept. of Transportation outlining the problems this announcement they made has created. They have worked for over a year with the idea there is going to be a bridge at Boynton Beach Boulevard. The whole plan was designed around that. Mr. deLong advised that what concerns him more than anything is the height limitation. The consultants know we have a height limitation of 45 feet, yet they are talking about a ten story hotel. Mr. Scheiner advised this has not been approved, but is just a suggestion by the consultant. Mr. deLong continued that he doesn't think this should be included in the plan. He doesn't think the City Planner should accept the plan. He doesn't think the City Manager should stand for them accepting the plan. When we do have a height limitation, they submit a plan with a building going higher. - 21 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 Mayor Warnke stated he would like to say a few things on this. We all know this proposed plan revolves around a bridge which may never be built. The proposed plan also ignores state and local laws regarding the mangroves and building heights. Mr. Scheiner interrupted to say the Council has not gotten the plan yet and Mayor Warnke agreed. Mr. Scheiner continued that these discussions have been going on with the C.R.A. Mayor Warnke continued that what bothers him the most with putting the plan and bridge aside, the property owners who will benefit from the downtown reconstruction have not come forward with one penny to help fund the C.R.A. Chairman Thompson needs the support of the City; however, those who will reap the rewards are the ones who should be financing this project. Recently, the City Council cut $300,000 from the budget to help reduce the tax rate. He promised two years ago that he would not act in favor of any tax dollars being spent for downtown redevelop- ment from the citizens and he is going to stick by that pro- mise. Lastly and most important, this money was not budgeted and $40,000 would take one-third of all the reser- ves in the City. He does not see the need for such a rush to allocate the money tonight when we won't even know what the state is going to do for about six months. At that time, he is sure we will have some reserves to fall back on and fund the agency to go forward if the plans are approved at that time. Mr. Scheiner stated that a resolution should be passed aban- doning the C.R.A. Mayor Warnke clarified that he was not talking about abandoning the C.R.A. Mr. Scheiner continued that the C.R.A. holds at least two meetings a month and questioned what they should do - stop having the meetings? This is starting to roll and people are getting interested. Their biggest problem has been getting the people interested. No matter what they do, it is going to benefit the City. Mayor Warnke clarified again that he was not saying to abandon the C.R.A., but should put it on the back burner until we know what the state does. Mr. Scheiner suggested that a resolution be passed or a letter sent to the Agency members saying it is to be put on the back burner and stop having meetings. Councilman Wright requested him not to get upset and Mr. Scheiner replied that it was not a question of him getting upset, but five men have spent a lot of time and are now being told what they are doing is not according to the plan. Councilman Wright clarified that the Mayor had just stated his concerns. Councilman Wright referred to not feeling the same and stated he recalled the budget sessions and the City Manager - 22 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 stated he had put aside $40,000 to support the C.R.A. because this was in all our minds and sometime in the future, these funds would be requested. The fees for the legal services only need be expended if they need the attor- ney. When the attorney was hired initially, it was on the basis of only when needed, he would be paid for his ser- vices. The administrative officer works part time, a few hours per day. If there is no need for her, we would not pay her. The C.R.A. could make this kind of determination and could lay her off for a few weeks. Mr. Scheiner advised at the last meeting, they discussed having an executive director to have someone on call every day in the office because of things coming up. An executive director cannot be hired for $6,000, but may cost $35,000, $40,000 or $50,000. Mayor Warnke questioned what the execu- tive director would do at this point and Mr. Scheiner clarified not at this point, but when the plan is approved, they will have to start working and this can't be delayed. The more delay there is can ruin a project coming up. A lot of investors are interested, are contacting Mr. Thompson and others and want to see this plan go through or a plan simi- lar to this, so they can get started. They want to know what is going to be done. There is a moratorium on and they can't do anything now. Something must be done to straighten this thing out. Mayor Warnke clarified that his point was not to do anything until we get a plan. How can we attract investors unless we have a plan? Mr. Scheiner referred to getting a plan and stated they have been working on it for a little over a year. The plan has been presented to give to the Planning & Zoning Board and City Planner to check to see if it is in the proper zoning and comprehensive plan. They are trying to get the community involved to get together to see what is being presented is correct. There will be some difference of opinion. He doesn't agree with all the things which have been presented. The City Council will have the final say. If the City Council says they are not going to go that way, they will not go that way. Councilman deLong referred to $60,000 or more being invested now and another $40,000 equals $100,000 invested - what do we do, walk away from it? Councilman Wright added that this has been done over a three to four year period and he thinks the group has been quite conservative in their spending. Mr. Scheiner stated the Council should be trying to create interest and show the people they are behind this, that they - 23 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 want this to go through and not put road blocks in the way every time the C.R.A. comes before them. It doesn't seem like they believe what the C.R.A. is doing is going to be any good. The Council is questioning it before even seeing it. Councilman deLong replied that this works both ways too because a lot of people are complaining to the Council about this. Mr. Scheiner stated they should come to the C.R.A. meetings as they hold two meetings a month and everybody is given an opportunity to say what they want to say at every one of the meetings. Mayor Warnke referred to stating the same thing for the past year - why aren't the property owners coming around saying they are in favor? All they have seen are Janet Hall and a couple others. Mr. Scheiner agreed this was one of the problems and asked why the Council hasn't helped get those people in. Mayor Warnke replied that he has been downtown talking to these people and he can't get them out. Councilman Wright referred to silence meaning support and if in opposition, they would be at City Hall fighting the C.R.A. Mayor Warnke stated they are sitting back waiting for the plan to fall into their hands and include their downtown property and they are not willing to put in a single penny or even show up at one of the meetings. He is mad at the property owners and not the C.R.A. Mr. Scheiner agreed, but added when you come right down to it, the City will benefit from the raised appraisal of the land. Right now, that area is not bringing in the taxes that it should bring in for the services that are rendered there. If it is let go further, it will be worse. Mayor Warnke Clarified that he is not against the concept and Mr. Scheiner replied that he is arguing against the C.R.A. Mayor Warnke disagreed and Mr. Scheiner retorted that the Council is blocking every move. Mayor Warnke clairified that what he is against is spending taxpayers' money for a select few in the downtown area who will benefit when they won't even put up any money themselves. That is the crux of his argument. The rest of the taxpayers wind up paying for this. Mr. deLong disagreed about it falling onto the shoulders of the rest of the taxpayers and Mayor Warnke stated that this $40,000 would. Councilman Cassandra referred to being outspoken in his con- cern for the C.R.A., but stated we have a different decision to make tonight. The decision is this City has invested $60,000 already into this program. The decision is tonight whether to dump it or support what they are trying to do. He feels there seems to be a concerned feeling of support of - 24 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 dollars, not concept, but dollars. This, as a budget, does not mean tomorrow they will have to spend $40,000. He circled Item 3 on the proposed budget, which seems to be the biggest lump sum, of $25,000, of which he thinks we will need these people after the local agency looks at it, the Planning & Zoning Board looks at it and then comes to Council. There Ks the office expense and to maintain the concerted effort that the volunteers, who do not get paid, and the young girl doing all the paperwork shuffling, and there is some travel for education, and some publicity to try to sell people. He questioned if the C.R.A with the Council's approval would make this a two part budget approval? The first part taking care of the administrative officer, office expenses, legal service, printing, publicity and tra- vel and give that money now and hold back the $25,000 which will be needed after the plan is approved. That $25,000 still will be in the budget and won't kill them as far as doing the publicity work. He is suggesting to split it up in two parts. Mr. Scheiner stated they don't know what is going to happen between now and the time it goes before the City Council. Mr. deLong added that we have to look ahead too and employ an executive director as Mr. Scheiner says and pay a high salary, so the $40,000 is only peanuts and there will be a lot more to be provided. There is a lot of money involved and we are as bad off getting into this as to what Reagan is with the Marines over in Lebanon. Mr. Wright referred to going to a meeting several years ago and stated questions were asked regarding what was happening in other cities and the type of money the cities were appropriating to get the C.R.A. started. This money is peanuts as many cities spent up to $300,000 intially to get these programs going. He thinks we have been extremely con- servative in expending this money which has been over a year and a half consisting of $57,000. He thinks we have been quite conservative. He thinks we do have a good C.R.A. and should allow them the flexibility to go ahead and get this going. Mr. deLong stated in reference to talking about peanuts, we are talking about a City that has no waterfront property; as from ocean front property, you get large returns in ad valorem taxes and to us, everything is a peanut. We are working on a very slim budget. The City Manager can attest to that. We cut corners, cut Atlantic High out. Mr. Wright stated this request came in time and we put this money aside to assist the C.R.A. and get this going down the - 25 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 road. Mr. deLong replied that the whole situation must be analyzed - ~s it going to be just an attraction or will people actually go there to shop? Are they going to run away from the big shopping centers to the west jUst to come over to Federal Highway? Is it worth that much to the City? Is it worth that much to have it beautified and brought up to high level? These are the things in his mind. Mr. Scheiner suggested that decision be made after the plan is presented. Mr. deLong continued that he couldn't be con- vinced that crowds are going to come over to shop in the businesses on Federal Highway, not when there is competition like DeBartolo is going to build. Mr. Scheiner replied that other people will be brought here. The whole plan must be analyzed. He thinks the Council is jumping the gun here with making up their mind before having the plan in front of them. Mayor Warnke disagreed and Mr. deLong clarified that he is concerned about the amount of money it is going to cost. Mayor Warnke continued that he just doesn't see the big rush when this entire plan cannot even be implemented for at least seven years if the new bridge goes through. Mayor Warnke questioned why there is the big rush and Mr. Scheiner replied that they must get started. The developers look ahead seven or eight years and may be interested as soon as given the opportunity. What can the people do there now with the moratorium in effect for 180 days; they cannot do a thing until the plan is approved. He thinks there is an emergency here. The Council has to give it. Mr. Zimmerman added that by spending this money does not mean the plan will come along quicker. He agrees with Mr. Cassandra that probably we should conserve the money until it is needed. If not, we would be doing a very unwise thing with taxpayers' money. Mr. Scheiner asked if he meant if something comes up between now and then and Mr. Zimmerman clarified that it didn't mean they couldn't continue with meetings, etc. as they are important and he attends them. Mr. Scheiner advised there may be possibilities according to how the bridge project goes, another consultant may be needed to help. Mr. deLong stated that he agrees with the Vice Mayor and suggested that an amendment could be offered to the motion to allocate a certain amount. He added that we must realize we have about $60,000 sunk into this now and this is needed. He would like to see some return for that money. Mayor Warnke replied that we will see a return when the plan comes up. Councilman deLong continued that if this place can be cleaned up and look like other parts of the City, par- ticularly from Woolbright Road south to the south City - 26 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 limits, it will be a credit. This area was improved after the Community Appearance Board was created. Mayor Warnke again referred to seeing a return when the plan comes up as the planners have done a beautiful job on it. Councilman Wright stated he didn't agree with stopping in mid-stream and paying for half of it and stated we must continue until approval of the plan. Councilman deLong suggested that the Vice Mayor submit an amendment to the motion. Mr. Scheiner interrupted and Mr. deLong requested that he allow the Council to work this out, as it will be the best way. Mr. Scheiner stated if they want to see the C.R.A. continue, they had better listen to him. Mr. deLong referred to his attitude and Mr. Scheiner replied that what they are doing is wrong. Mayor Warnke interrupted to establish order and advised that discussion is taking place under a motion and requested that an argu- ment not take place. Councilman deLong clarified that the Council is trying to resolve this and not get adamant about it. Mr. Scheiner disagreed and Councilman deLong stated if they want to pursue it, it will work and he is surprised at Mr. Scheiner's attitude. Mayor Warnke announced the original motion is still under discussion. Vice Mayor Zimmerman stated he will make an amendment as he feels we should give the C.R.A. a vote of confidence and some money, but not all that they are asking for right at this time. We will probably have it later in the year when they need it and they can come before us. Along the lines which Mr. Cassandra was thinking about, probably withholding all but $15,000. He would go along with giving them $15,000. Councilman deLong stated if this is his amendment, he will second it. Mayor Warnke asked if he was allocating $25,000 or $15,000 and Vice Mayor Zimmerman replied this would.allot them $15,000 now and $25,000 for the large item on the budget probably picking up at a later date. Mr. deLong added that it is also understood when the time comes, we will have to employ an executive director. Mayor Warnke requested that it be made specific. Vice Mayor Zimmerman agreed that is when it will be needed with a man of that caliber. Mayor Warnke questioned the specific amount being amended to and Vice Mayor Zimmerman replied $15,000. Mayor Warnke requested a second to this amendment and Mr. deLong seconded. Mayor Warnke clarified that it has been moved and seconded that we allocate $15,000 to the C.R.A. Under discussion, Councilman Wright pointed out that they are not requesting an executive director in this budget. - 27 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 Mr. Zimmerman clarified that his amendment did not include anything concerning that. Mayor Warnke clarified that the amount of the original motion was changed from $40,000 to $15,000. Mr. Wright stated his only problem with this is when groups submit proposals and they are groups we create and are people we want to work on things, we should give them a vote of confidence with the $40,000 to work with. He is not quitting on the C.R.A. The members have expertise and if they feel they need this amount of money, which is less than they have had in the past in terms of working over a period of time, we should give them the $40,000. Now, if it comes to an additional amount beyond the next fiscal year, by that time we would have taken some action on the plan whether to approve it or deny it and then we will know whether we need the C.R.A. He thinks we should give them the money to work with now. Mr. Zimmerman replied that if our cQntingency was large enough, he would be glad to agree with him, but we do not have that large of a contingency. Mr. deLong requested that the question be called on the amendment. Mr. Cassandra requested clarification if the amendment meant they would not get $40,000, but will get $15,000 and $25,000 later. Mayor Warnke replied the original motion is being amended from $40,000 to $15,000 and then a vote will be taken on the original motion as amended. Mr. deLong added it was for $15,000 with $25,000 in reserve. Mayor Warnke clarified we are amending the original motion to $15,000 as opposed to $40,000; we are changing $40,000 in the original motion to $15,000. Mr. deLong clarified the original motion was $40,000 and this is amending it to give $15,000 of that $40,000 at the present time and hold $25,000 in abeyance. Mr. Wright stated the problem with this proposal is we are not just giving $15,000, but saying how they should spend it and if they need any professional services, they don't get any. Mr. deLong disagreed. Mayor Warnke clarified that the amendment merely changes the original motion from $40,000 to $15,000. Mr. Wright referred to approving three items. Mr. deLong referred to the Vice Mayor understanding the motion since he made it and clarified the approval is for $40,000, with $15,000 being allocated now and $25,000 will be in reserve. Mr. Zimmerman agreed and added the $15,000 will be given immediately and the $25,000 will be there if and when needed and we can make that decision. Mr. Wright stated this was stipulating the use of the funds and this is saying there would be no money expended for professional services. Councilman deLong and Mayor Warnke disagreed. Mr. deLong requested that a vote be taken. - 28 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 Mr. Cheney stated from his point of view in approving these funds, he thinks the Council is giving $15,000 open-ended to use for all the services and they may hire a consultant and they may not, that is up to the C.R.A. Mr. deLong agreed this was the intention with $25,000 being held in escrow. As requested, Mrs. Boroni then took a roll call vote on the motion as follows: Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye, but he is apprehensive that we might lose the C.R.A. and half an amount is better than none right now. Mr. deLong stated the object, for his information and for the man who walked out all upset, was to try to salvage this and keep it alive, but these people don't understand that. They think they can come in and say do this and that, but they forget they are not the City Council. If they wanted to kill it, it would have been easy enough. However, the Vice Mayor realizes and watches what is being done, knows the work that is put into it, knows the money that is put into it, and he has a perfect right to say how the money should be allocated. They are still going to get the $40,000, but they are not going to get it in a lump sum. What is wrong with that? It saves the whole deal. Instead of having the thing refused and having everybody quit, he doesn't think such people should get upset and walk out and try to run the operation of this City Council. We have too many people sniping and shooting and they don't know what they are shooting about. What we are trying to do is resolve the problem, not create it. Councilman deLong - Aye Councilman Wright - Nay Mayor Warnke - Nay Motion carried 3-2. Mayor Warnke announced the amendment passed to allocate $15,000 and withholding $25,000 in abeyance. Mayor Warnke requested a vote on the main motion to allocate $40,000. Mr. deLong clarified that the motion is to appropriate $40,000, but it will be allocated in two parts; we are still appropriating $40,000. Mayor Warnke stated we now go back to the main motion to approve the allocation of $40,000. - 29 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 Mrs. Boroni took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - His motion was to allocate $40,000 now and he sup- ports that. Mayor Warnke advised that has now been amended. Councilman deLong clarified that $40,000 has been appropriated, but it will be made in two payments, $15,000 and $25,000. Mr. Wright stated he is agreeable to support his motion, as he wants to give it all to them. He thought a substitute motion was offered and Mayor Warnke advised that it was amended regarding how it should be allocated, which amends the main motion made by Councilman Wright. Mr. Wright clarified that he wants to give $40,000 all at once and will vote against the two amounts. Councilman Wright - Nay Mayor Warnke - Nay Vice Mayor Zimmerman - Nay Motion ~ailed 3-2. was turned down. Mayor Warnke announced the allocation Councilman Wright moved to grant the $40,000 now or the C.R.A. will say goodbye forever. Mr. deLong replied that since he was not willing to compromise, he would not go along with any motion other than as presented by the Vice Mayor. Mayor Warnke announced the motion is lost or a motion could be made to reconsider. He added that the C.R.A. can always come back when the plan is presented. Mr. deLong commented that he doesn't think they will want to come back and if he was on the committee, he wouldn't want to come back either. The differences should be reconciled. Mr. Wright referred to these people volunteering their ser- vices and stated we created this Agency and they should have something to operate with. ADMINISTRATIVE Consider appointing one member to Boynton Beach Housing Authority (Tabled) Mayor Warnke ascertained there were no nominations. Appoint one representative to Community Action Board and one alternate (Tabled) Mayor Warnke ascertained there were no nominations. - 30 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1984 ADJOURNMENT Councilman deLong moved to adjourn, seconded by Councilman Cassandra. Motion carried 5-0 and the meeting was properly adjourned at 10:05 P. M. CITY OF BOYNTON BEACH, FLORIDA ATTEST:  Vice Mayor ~'~ Counc i lman / ~/ v. - C6unc~' City Clerk co ~ing ~ecre~ary Three Tapes) - 31 - AGENDA January 3, 1984 CONSENT AGENDA - ADMINISTRATIVE Approval of Bills: Allied Universal CorDoration Chlorine for Water Treatment Pay from Water & Sewer Revenue---401-332-533-30-63 $ 1,496.57 Alsa¥-~pin CorD. Est. ~8 Wells 17-22 for period 11/21/83 to 12/20/83. Pay from UtiloCap. Improve.Fund---404-000-169-01-00 13,460.81 Boynton Beach Chamber of Commerce Services for December, 1983 Pay from Publicity Fund---101-191-519-40-54 1.125.00 Brooks Products, Inc. 200 Large Meter Boxes Pay from Water & Sewer Revenue---401-333-533-60-51 2,800.00 Davis Water & 'i!!Waste Industries~ Inc. Odophos for Sewage Pumping Pay from Water & Sewer Revenue---401-352-535-30-65 12,480.00 DeBra Turf & Equipment Co. 1 Jacobsen Diesel Mowing Tractor and 1 Jacobsen Hydraulic Mower. Pay from B.Bo Rec. Facility Constr. Fund 415-000-169-41-00 Per bid 10/10/83, Council approved 10/18/83 Ernst & Whinney Professional services rendered through November,1983. Pay from General Fund ............ 001-131-513-40-66 $638.00 Pay from Water & Sewer Revenue---401-393-539-40-66 565.00 55,480.00 1,203.00' FEC Railway Compan~ Annual Signal Maintenance Fee Pay from General Fund---001-4t~541-40-16 1,950.00 Hector Turf & Garden 2 Mechanical Trap Rakes & 2 Tee & Collar Mowers Pay from B.B. Rec. Facility Constr. Fund 415-000-169-41-00 Per bid 11/17/83, Council approved 12/6/83 30.440.00 COUNCIL APPROVED: ,~-~eeting: ~ -2- 10. Hunters Run Annual Board Dinner for 1983 Pay from Publicity Fund---101-191-519-40-5H $ 6,763.30 11. Johnson-Davis, Inc.. Sanitary Sewer Repair N.E. 10th. Ave.---S2,575.00 Sanitary Sewer Repair NoW.3rd. Lane & N.W. !7th.Ave.(Council approved) ..... 10,523.43 ( 12/20/83 ~ 13,098o43 12. Daniel O'Connell General Contractor,Inc. ~8 Final Golf Course Club House from 9/1/83 to 12/20/83. Pay from B.B. Rec. Facility Constr. Fund 415-000-169-41-00 16,815.00 13. Neptune Meter Company 70 -- i% 'Flange T-10 Meters Pay from Water & Sewer Revenue---401-333-533-60-51 11,840.50 14. Pifer, Inc. 4 Turf Utility Vehicles Pay from B.B. Rec. Facility Constr. Fund 415-000-169-41-00 Per bid 12/17/83, Council approved 12/6/83 12,940.00 15. S.I. Lime Company Pebble Lime for Water Plant Pay from Water & Sewer Revenue---401-332-533-30-65 5,558.68 16. Edward D. Stone, Jro & Associates Boynton Beach Front Park--Beach Renovation Project Pay from Rec. & Municipal Beach Improvement Fund 303-000-169-33-00 13,866.62 17. Town & Country Awninqs & Enclosures Installation of storm panels for Mausoleum Pay from Boynton Beach Memorial Park Mausoleum 631-398-539-60-31 Per,id 10/14/83, Council approved 10/25/83 1,701.00 18. James W..Vance, P.A. Professional Legal Services Rendered--Pines of Delray North Condo Assn.,Inc. vs. SCRWTD Board,City of Boynton Beach. Pay from General Fund---00!-141-514-40-61 2,512.50 COUNCIL APPROVED; Meeting: / ,3 JR -3- 19. 20. 21. Isiah Andrews Driver for Senior Citizens Club 2 wks, Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~.~3-15, passed 5/15/73 Willie Ruth McGrad¥ 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 South Central Re~iQnal Wastewater Treatment Board City's portion Pines of Delray North - Litigation Pay from Utility General Fund---403-000-169-!l-00 126.36 120.96 5,641.19 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. P~ter L. Cheney, City Manager Meeting: