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Minutes 08-05-80MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 5, 1980 PRESENT Edward F. Harmening Walter "Marty" Trauger Joe deLong Norman Strnad Vice Mayor Harmening called the meeti welcomed everyone. The invocation wa~ Davis, Assistant Pastor, St. John's B~ Peter L. Cheney, City Manager Iames Wolf, Attorney Fereesa Padgett, City Clerk ~g to order at 7:30 P.M. and given by Rev. Douglas ptist Church, followed by the Pledge of Allegiance to the flag, led by Councilman Trauger. AGENDA APPRO'VAL Mr. Cheney added under VII D 2, Legal - A Proposal for settlement of Field Case re sewer system. Mr. de Long requested (1) to speak Item V. A. (2) he had an announcement and (3) under New Business, Item IX A employees injured while on the job. Vice Mayor Harmening said appointment: should be added under Announcements E Mr. Trauger moved to adopt the agenda Motion seconded by Mr. de Long and cai ANNO UN CEMEN TS Mr. Harmening requested that the City resignation from Mayor Betty Riscoe i~ "This is to formally announce to a[ tendered by resignation effected J1 Due to personal problems at this tl resent the electors to the best of payers and citizens need and deser~ them their full attention. For the above reasons I hope you w~ position I must take. lowing the Public Hearing, to make under Announcements - discussion relative to , if the Council so desires, 3. as amended by said additions. ?ried 4-0. Manager read the letter of ~to the record. ~1 of you that I have lly 24, 1980. .me I feel I cannot rep- my ability and the tax- ~e a person who can give .11 all understand the My good wishes and the best for yo9 all is my fondest wish. Boynton Beach is a fine City and I~as proud to serve it." Mr. de Long moved to accept the resignation. Motion seconded by Mr. Trauger and carried 4-0. Mr. de Long moved to declare the office vacant. by Mr. Trauger and carried 4-0. Motion seconded Vice Mayor Harmening stated that pursuant to the provision of the City Charter it ms now the duty of the Council to appoint a replacement, if they so .agree. The Charter states this should be done within two regular meetings after the vacancy is declared. Mr. Harmening nominated Mrs. Lyn Huckle to complete the unexpired term. He stated the following qualifications in her behalf: (1) Graduate of Albion College, Albion, Michigan. (2) Majored in English, minored in Political Science. (3) Active in Civic affairs. (4) Served on the Parks & Recreation Board in past years. (5) Is presently a member of the Planning and Zoning Board and has served on this Board, for approximately six years. (6) Has two children - one in the Air Force and one attends the University of Florida. (7) At one time she trained volunteers for visiting Shut-Ins. (8) ReSident of Boynton Beach for 22 years. Mr. Trauger stated that even though a second was not necessary, he would like to-second the nomination because the citizens of Boynton Beach elected in the last election, a woman to the City Council. In tradition, the Council has had a woman on it for the past seVeral years. Also, a person with the knowledge, back- ground and ability of Mrs. Lyn Huckle, would be a very added person to this Council, therefore I second the nomination. The Vice-Mayor called for any further nominations. Hearing none, Mr. Strnad moved that nominations be closed. Motion seconded by Mr. de Longand~.~carried 4-0. Mr. Harmening requested a vote on the nomination and the vote was 4-0 for Mrs. Lyn Huckle. Mrs. Huckle was given a round of applause and took her seat at the podium. She was given the Oath of Office as a Councilmember by the City Clerk and welcomed by the Vice-Mayor and other members of Council. Mr. de Long stated that due to the unique position at this time of the City Council to elect a Vice Mayor, he believed this honor was due one councilmember who did not have the opportunity to receive that honor through the City Charter provisions of receiv- ing the greatest amount of votes in a City election because that person was eleCted at a Special Election where that Charter pro- vision did not prevail. He further stated that he had the privi- lege to serve two terms as a Deputy Mayor and two terms as a Vice-Mayor and removed himself from consideration and placed the name of Walter Trauger in nomination for Vice-Mayor. Hearing no further nominations, Mr. Strnad moved that nominations be closed. Motion seconded by Mr. de Long and carried 5-0. Following a round of applause, Mrs. Padgett swore Mr. Trauger in as Vice-Mayor. Mr. Trauger thanked the Council for this honor and state'd that he would endeavor to fill the position with dignity and decorum. -2- Mr. de Long moved to ratify the provisions of the City Charter whereby the Vice-Mayor fills out the unexpired term of the Mayor. Motion seconded by Mr. Trauger and carried 5-0. Mr. Harmening was sworn in as Mayor by the City Clerk. MINUTES Mr. de Long moved to approve the minutes of the. regular City Council Meeting of July 15, 1980 as.,~ presented. Motion seconded by' Mr~ Strnad and carried 3-0 with Mrs. Huckle and Mr. Trauger abstaining since neither of them attended subject meeting. Mr. de Long moved to approve the minutes of the Special and Workshop Meetings held July 29, 1980 as presented. Motion sec- onded by Mr. Strnad and carried 4~-0 with Mrs. Huckle abstaining. PUBLIC AUDIENCE NONE BIDS One 1980 1/2 Ton Pick-UD Mr. Cheney advised that five (5) bids hadbeen received on this item and he and the tabulation committee recommended that the bid be awarded to G~M.C~ruck Sales & Service, Inc., West Palm Beach for~ one GMC truck at $5,569.00. Mr. de Long moved, to accept the recommendation of the tabulation committee. Motion seconded by Mr. Trauger. Mr. Trauger inquired if this was in accordance with state prices. The Purchasing Agent advised that state listings are available in November or December and are good only through May 15th. Motion carried 5-0. Wilson Pool Renovation Mr. Cheney referred to the problem of the filter system and other major repair problems at Wilson Pool. The original bid was for a stainless steel gutter system that would be long lasting and in discussing the financing of the pool renovation we were able to obtain a $200,000.00 grant from the Community Development Program. This was not an original Community Development budget item but the County Commission approved the allocation and with 'the assistance of the engineering firm Wantman and kssociates,Inc. specifications were prepared and a proposal of $190,900.00 was received which brought the total cost up to $212,000.00. With the $200,000.00 grant and the $10,000.00 allocated by the City, we are within $2,000.00 of the total cost. This amount may be available from the County. He recommended that the bid be awarded to Lassiter Construction Company. Mr. Trauger moved to award the bid for Wilson Pool renovation to -3- Lassiter Construction Company in the amount of $190,900.00, 270 days construction-time. Motion seconded by Mr. de Long and carried 5-0. SITE DEVELOPMENT PLANS Applicant: Location : Orlan Homes, Inc. submitted by Mr. Paul Orlan, Agent Palm land Drive - Tracts C & D, Charter World Plat Use: Construction of 102 villa type dwelling units, pool, shuffleboard, putting green, horseshoe pits and recreational area on 14.25 acr~as. The City Planner reviewed the facts as stated above an the Council that both the Technical Review Board and Community Appearance Board had approved subject plans with the Planning & Zoning Board forward same with the mendation that the plan be approved subject to the sta as follows: advised le ~nd along recom- Ef comments A. Engineering Dept. - per memo 1. Drainage Computations are required. 2. A Water Management District Permit is req~lired. Plans for street lights are required. A plan showing traffic control devices (s~op signs etc.) is required. The loop road construction will have cons%derable traffic including garbage packers. AlthoUgh this roadway could be identified as a driveway under the subd~vmslon regulationS minimum· street,, specifi- cations are recommended, i.e., 1 1/2 of asphaltic concrete, 8" of shellrock, and 12" of subgrade stabilized to 50 p~s.i. Florida Bearing value. e The abandonment of the easements for a easement should not be a problem since this was with Tracts A & B. Comments have been request~d from the Utility Companies concerning this. Utility Dept. - per memo from Perry Cessna ctor of Utilitmes. ' The developer should be required to make an appropriate sized tap and cross the private streets to the far side of the road and then set up a manifold for the appropriate number of meters required for that particular area. The length of some of the lines from the meter to the house seem~exceptionally long to me; the Building Dept. should check to make sure a significant pressure drop -4- does not occur because of line size and length of the plumbing. Cleanouts and APC markers on sewer laterals must be at the easement line. C. Public Works 1. No under, D. Police Dept. 1. Subject E. Planning Dept. 1. Sidewalk Mr. Paul Orlan was ca moved to approve the recommendations. Mot the Mayor asked Mr. O mendations and agreed Mrs. Huckle asked for subject since she sat stated he saw no conf the bicycle path ty~n PUBLIC HEARING - 8:00 ~.pt. round garbage cans. o proper lighting and traffic control signs. on all public streets. led forward by Mayor Harmening. Mr. de Long ~evelopmen't plan as submitted subject to staff [on seconded by Mr. Trauger. Under discussion, Plan if he was familiar with the staff recom- to abide by same. He answered affirmatively. a legal opinion on her voting on this on the Planning and Zoning Board. Mr. Wolf kict of interest. Mr. Trauger questioned ~ in to this development. Motion carried 5-0. Request: REZONE f (Communi Location: The pres N.W. 2nd The Mayor called for favor of the request. record that the Plann denial at their last Upon the call bY the Marvin Klepps, 1119 N Laurel Hills, Glen Ar he opposed the rezoni ing the proposed chan involved and also the of the Comprehensive this rezoning request May 15th. Mrs. Barbara Brunetti tion citing the schoo ~om C-2 (Neighborhood Commercial) to C-3 Commercial) antly zoned C-2 Commercial area along Ave. located west of W. Industrial Ave. 5nyone in the audience wishing to speak in No one came forward. He stated for the lng & Zoning Board had unanimously recommended meeting. Mayor of anyone opposed to the request, Mr. .W. 8th Court came forward~ As President of Dot and Gordon Park Home Owners' Association ~g request and presented a petition protest- ge. He pointed out the traffic ~problems fact that this rezoning would be in violation Plan. He referred to Mr. de Long bringing before Council at the Workshop Meeting of 604 N.W. 7th Court, also spoke in opposi- 1 bus stops along Second Avenue. Mr. Allen Polak, 645. W. Ocean Ave., Acting Vice President of the Lake Boynton Estates group opposed the proposed rezoning in this family oriented area. -5- Mr. Bob Barnes, il0 N. W. 7th Street commented on the fabulous growth of Boynton Beach and strongly objected to the proposed change to C-3 zoning. Mrs. Jackie Armstrong, 746 N. W. First Avenue expressed her con- cern that the proposed change would lower their property value. Mr. Mike Baird, 655 W. Ocean Avenue spoke as Acting President of the newly formed Lake Boynton Home Owners Association and opposed the proposed rezoning and confirmed the prior speakers comments. Mr. Greg Banks, 420 N'. W. 7th Street opposed the change in zoning from C-2 tO C-3. Ms. Bertha Hartley, 206 N. W. 6th Street inquired as to letters received in opposition and the Mayor stated the Council had received several letters in opposition and only one letter in favor. The Chair declared the Public Hearing closed. In order to clarify his position, Mr. de Long stated 'it is understandable why the residents of Lake Boynton Estates and Laurel Hills Subdivision are concerned. They have been told that I am attempting to downgrade their area by changing the present zoning classification from C-2 to a lower classification of C-3. That was misleading information that was circulated. The follow- ing facts are proof of this statement. What the people have not been told is that I follow a steadfast policy proven by an indis- putable voting record of supporting the will of the people regard- ing all zoning affairs because it is my firm belief that the people have every right to decide for themselves how their area shall be zoned. My record on zoning speaks for itself. Surely the residents of Laurel Hills remember my support in 1973 when as a member, of Council the attemp~by the Rinker Co. to rebuild a cement plant in the area was defeated. Le~ me refer you to the minutes of the last meeting on Page 6 - Mr. de Long re£erred to people being present at the zoning hearing asking us not to go along with commercial. Quite a few people were here from the neighborhood and requested the City Council to pos%pone this item until later when they could appear because they were going away. We pledged to them that we would still honor their request. We would certainly lose our credibility if we accepted something other than what we voted for previously.' And then on Page 16 'Mr. de Long stated in keeping with his adopted policy and recog- nizing the wishes of the re'sidents in rezoning problems, he will second the motion Now, this is on two different zoning matters which prove that I was on the side of the people. At the public hearings of the Planning & Zoning Board relative to the Comprehensive Zoning Plan, seven reques~were made. I voted to process all seven requests. I also made the motion to process the request now before Council based on the following logic: (a) the petitioner of this request was just as rightfully entitled to have his request processed as the other six petitioners were. (b) processing a request does not guarantee that the request will be approved and (c) my vote on all rezoning requests depend solely upon the deter- mination of the people at the public hearing held by the Council. I was elected by the people to serve the people. I have fulfilled that obligation in the past and I will continue to do so in the future. With that view in mind Mr. Mayor, I hereby move to deny the pending zoning request." Motion seconded by Mr. Strnad and carried 5-0. SITE DEVELOPMENT PLA/qS (Continued) Applicant': Genevieve and James Rollyson~ submitted by George Wasser, agent. Location: East of High Ridge Road at the northern City limits. Use: Modification of existing plans to accommodate United Technologies Metal Products, Inc. Mr. Annunziato reviewed the past history of this location for the benefit of those present. This plan was reviewed by the Community Appearance Board and along with the Planning & Zoning Board he recommends approval of the modification subject to the applicant dedicating easements for proposed water lines and noting that capital facility~fees must be paid by the owner or agency occupy- ing the building when utilities are available. He explained that basically this operation will be a process ad_~ding,eQa~in~o-~ m~tal parts to extend their lives. Mr. Wasser agreed to abide by the recommendations and stated that the easements were in the process of being drawn up. Mr. de Long moved to accept the recommendation~~ of the Planning and Zoning Board subject to staff recommendations. Motion seconded by Mr. Trauger. Mr. Trauger questioned the urgency of the Rollyson operation and Mr. Wasser advised that it was being satisfied in the state of Ohio. Motion carried 5-0. Applicant: Location: Village Royale on the Green Owners' League, Inc. submitted by Mike Rubin, Agent. East of Northeast First Court. Use: Construction of a maintenance building on 5.73 acres. Mr. Annunziato informed the Council that this site plan represents the second phase of construction in the common properties purchased by Village Royale on the Green Homeowner's League, Inc.. The p~p0sed~b~ilding is to be used for lodging,maintenance equipment lawnmowers and the like, which is to be located off N.E. First Ct. The Planning & Zoning Board unanimously recommended that the site plans submitted by Mr. Rubin be approved subject to staff comments as follows: Building Department 1. Coordinate ©pen storage floor~ elevatio~ ~with Building Official -7- B. Police Department 1. Subject to lighting on all overhead doors and entrance way, - Suggest - that windows have grates to-make secure against illegal entry. C. Public Works Department 1. Provide dumpster location. D. Planning Department 1. Barbed wire not permitted on fence. The City Planner further stated that subject site plan was also reviewed by the Community Appearance Board and recommended it for approval. Mike Rubin agreed that all recommendations would be taken care of. Mr. de Long moved to approve the site plan subject to staff recommendations. Mr. Trauger seconded the motion, No further discussion. Motion carried 5-0. Applicant: Summit Associates Ltd. submitted by Charles Gilbert, agent for Ben Frankel, general partner. Location: Northern Portion of Tract C - Summit Plat ~1 Use: Construction of maintenance compound consisting , of roofed over storage bays, offices and supervisors quarters. The City Planner informed Council this site plan concerns the construction of maintenance compound in Hunter's Run Golf and Racquet Club. Currently the buildings behind the clubhouse are being used to store maintenance vehicles. These buildings are to be removed and the green which sets behind the clubhouse be moved closer to the clubhouse and reconstruct maintenance compound on the northern 1/3rd of Tract C. Site Plan had been reviewed by the Technical Review Board and submit the following recommendations: A. Building Department - per memo from E.E. Howell, Bldg. Off. Subject to Water Management approval for site-plan change. Co 2. Subject to Paving and Drainage calculations. Fire Department - per memo 1. Fire protection required at north property line for proper access. Police Department 1. Traffic control signs required. --8-- D. Engineering Department 1. Ail easements to be recorded. Must submit paving and drainage plans with compu- tations. 3. Bonding required for cost of utilities and road work. South Florida Water Management District construction permit required. E. Utilities Department - per memo Future plans should provide for construction of a water main in the north/south street for tie-in to proposed water main in Coconut Lane. The Planning & Zoning Board unanimously recommended site development pla~s-be approved subject to staff comments and that this request constitutes a minor revision to the approved Master Paln. Also this plan was reviewed by the Community Appearance Board with a positive recommendation. Mr. Gilbert stated he was familiar with the recommendations and was in accord with same. Mr. Trauger moved for the approval submitted by Charles Gilbert, Agent Associates construction of maintena storage bays, offices and superviso portion of Tract C, Summit Plat ~1 Mr. de Long seconded the motion. M Consider Approval of Final Plat - B Mayor Harmening asked the City Engi tion regarding Boynton Lakes Plat # there were none the Mayor read into City Engineer as follows: 1. Technical Review Board had development plans. 2. Mylar original in custody o 3. Recommended approval of sub COuncil subject to the loll a. Presentations of off- required for lift sta the subject presentat but not recorded) -9- Df the site development plan for Ben Frankel for the Summit ace compound of roofed over r~ quarters on the northerly subject to all staff comments. Dtion carried 5-0. Dynton Lakes, Plat #1 meet for any additional informa- that was not on his memo since the record the memo from the reviewed subject [inal plat and ~ the City Clerk. iect plat be considered by Dwlng: site deeds and easements ti.ns. (Mr. Clark noted ions had been 'delivered be Presentation of performance bond and a 1% inspection fee. (Mr. Clark noted that these items have not been delivered)Approval could be granted subject to receipt of the bond and inspection fee. Mr. de Long made the motion to grant the approval subject to the items outlined by the City Engineer and also the approval be null and Void if the bond and inspection fee a~e ~no~ received. Seconded by Mr. Trauger. Motion carried 5-0. LEGAL O~dinanees - 2nd Readinq NONE Ordinances - 1st Readinq Proposed Ordinance No. 80-32 Mr. Wolf read proposed Ordinance No. 80-32 by title only. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY, BY AMEND- ING LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY CHANGING THE LAND USE OF CERTAIN PROPERTY MORE PARTICULARLY' DESCRIBED HEREINAFTER FROM OFFICE COMMERCIAL TO!MODERATE DENSITY RESIDENTIAL, PROVIDING FOR A SAVINGS CLAUSE, REPEALING'PROVISION, AN 'EFFECTIVE DATE AND FOR OT~R purpOsEs. Mr. de Long moved the adoption on first reading of Ordinance No.80-32 Motion seconded by Mr. Trauger. Mrs. Padgett took a roll call vote on the motion as follows: Councilman de Long Mayor Harmening Councilmember Huckle Councilman Strnad Vice Mayor Trauger - ~-~ye ~ - Aye - Aye * See Council Minutes of - Aye 8/19/80 - Aye Motion carried 5-0. Proposed Ordinance No. 80-33 Mr. Wolf read proposed Ordinance No. 80-33 by title only. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMEND- ING LAND USE ELEMENT OF THE CQMPREHENSIVE>P~AN OF THE CITY BY CHANGING THE LAND USE OF CERTAIN PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER FROM GENERAL COMMERCIAL TO MODERATE DENSITY RESIDENTIAL, PROVIDING FOR A SAVINGS '~ CLAUSE, REPEALING PROVISION, AN EFFECTIVE DATE AND FOR OTHER puRposEs. -10- Mr. de Long moved the adoption of Proposed Ordinance No. 80-33 on first reading. Motion seconded by Mr. Trauger. Mrs. Padgett proceeded with the roll call on the motion as follows: Mayor Harmening - Aye Councilmember Huckle - No Councilman Strnad - Aye Vice-Mayor Trauger - Aye Councilman de Long - Aye Motion carried 4-1. Proposed Ordinance No. 80-34 Mr. Wolf read proposed Ordinance No. 80~34 by title only. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY, BY AMENDING LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY CHANGING THE LAND USE OF CERTAIN PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER FROM MODERATE DENSITY RESIDENTAIL TO COMMUNITY COMMERCIAL, PROVIDING FOR A S3~V-tNGS CLAUSE, RE'PEAL- ING PROVISION, AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mr de Long moved the adoption of Proposed Ordinance No. 80-34 on firs~ reading.' Motion seconded by Mr. Trauger. Mayor Harmeni~g questioned if this particular pice of property was up in the worth end. Mr. Trauger agreed, noting it was in Hulls Subdivision. Mrs. Padgett then took a roll call on the motion as follows: Councilman Strnad - Aye Vice-Mayor Trauger - Aye Councilman de Long - Aye Mayor Harmening - Aye Councilmember Huckle - Aye Motion carried 5-0. Proposed Ordinance No. 80-35 Mr. Wolf read proposed Ordinance No. 80-35 by title Only. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY, BY AMEND- ING LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY CHANGING .THE LAND USE OF CERTAIN PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER FROM LOCAL RETAIL COMMERCIAL.TO GENERAL COMMERCIAL, PROVIDING FOR A SAVING CLAUSE, REPEALING PROVISION, AN'EFFECTIVE DATE AND FOR OTHER PURPOSES. Mr. de Long moved to adopt proposed Ordinance No. 80-35 on first reading with Mr. Trauger seconding the motion. Mr. Trauger questioned the location of subject proposed ordinance. The City Planner noted it was along the tracks north of the dog pound. Mrs. Padgett took a roll call on the motion as follows: -11- Councilman Strnad - Aye Vice-Mayor Trauger - Aye Councilman de Long - Aye Mayor Harmening - Aye coUncilmember Huckle - Aye Motion carried 5-0. Proposed Ordinance No. 80-36 Mr. Wolf read proposed Ordinance No. 80-36 by title only. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINAN. CE NO. 80-19 ©F SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREINAFTER FROM C-4 GENERAL COMMERCIAL TO R-1AA, SINGLE FAMILY RESIDENTIAL; PROVIDING FOR A SAVING CLAUSE, REPEALING PROVISION, AN EFFECTIVE DATE kND FOR OTHER PURPOSES. Mr. de Long moved to adopt proposed Ordinance No. 80-36 on first reading, seconded by Mr. Trauger. The Mayor added this had been proposed for a long time to be recreational vehicle, boat and trailer storage and Mr. Annunziato agreed. Mrs. Padgett then proceeded'to take a roll call as follows: Councilman de Long - Aye Mayor.Harmening - Aye Councilmember Huckle - No Councilman Strnad - Aye Vice-Mayor Trauger - Aye Motion carried 4-1. Proposed Ordinance No. 80-37 Mr. Wolf commented before the reading of subject ordinance that the effective date of Section 4 would have to be changed prior to second reading to be effective October 1st to comply with State Statutes. Mayor Harmening noted the effective date to be changed to October 1, 1980, Mr. Wol'f then proceeded to read proposed Ordinance No. 80-37 by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15 (LICENSES) SECTION 15-18 LICENSE TAX SCHEDULE BY REVISING THE LICENSE' FEES PROVIDED FOR IN SAID CHAPTER;~ PR©VIDING FOR A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mr. de Long moved for the adoption of proposed Ordinance No. 80-37 on first reading. MOtion seconded by Mr. Strnad. Under discussion, Mr. Cheney indicated subject ordinance basically doubles most of the occupational license fees which we have in Boynton Beach. Legislation passed this year allowed government to -12- increase occupational license fees by100%~ for those fees costing less than $100.00; and a decreasing percentage of increase-for those fees above~ $100.00. Most Of~th~_,~occupational license fees in our City are under $100.00, therefore, this means most of the fees will be doubled - the approximate effect of this in next year's annual budget is between 50 to 60 thousand dollars. Mr. Cheney stated one proposal in said ordinance has to be changed prior to second reading regarding Contractor's Licenses of those Contractors who do not have residences in the City of Boynton Beach but do work here; have their place of business elsewhere and'are licensed in some- other place. We anticipated it was possible and more equitable to change these contractors the same as the contractors who have their residences in Boynton Beach. We have concluded there is no basis for this charge therefore we have to amend the proposal prior to second reading. Those contractors who are licensed elsewhere will go back to only paying the original $5.00 or double will be $10.00 Vice-Mayor Trauger expressed his concern that adequate publicity would be given this ordinance so that all business people would have a chance to be heard. Mayor Harmening noted that many other Cities had already been written up in regard to increasing their rates. Mr. Trauger questioned if it could be sent as a special notice to the Chamber of Commerce or through some other type of trade association. After some further discussion by Mayor Harmening and Mr. Cheney regarding this matter Mr. Wolf stated that the statutes required a 15 day notice. The classifications and the proposed changes must be in the advertisement. What other cities have done and what the City is proposing - notice must state that all classi- fications are being changed and note the percentage of increase for each classification. The Mayor asked the City Clerk for a roll call on the motion: Mayor Harmening - Aye Councilmember Huckle - (Requested an abstention but was informed by Mr. Wolf the State Statutes ~requires her to vote)- Aye Councilman Strnad - Aye Vice-Mayor Trauger - Aye Councilman de Long - Aye Motion carried 5-0. Mayor Harmening noted that possibly Mrs. Huckle has legitimate grounds for abstention since her husband has an occupational license. The Mayor asked counsel if this was legitimate grounds for an abstention and Mr. Wolf stated she would have to file a "Conflict of Interest" form. -13- Resolutions Proposed Resolution No. 80-BB Mr. Wolf read proposed Resolution No. 80-BB by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, VACATING AND ABANDONING ASPECIAL PURPOSE EASEMENT LOCATED IN TRACTS C AND D CHARTER WORLD (CHANTECLAIR VILLAS) AS RECORDED IN PLAT BOOK 31 PAGE 21 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Mr. de Long moved the adoption of Resolution No. 80-BB seconded by Mr. Trauger. No discussion. Mrs. Padgett took a roll call on the motion as follows: Councilmember Huckle - Aye Councilman Strnad - Aye Vice-Mayor Trauger - Aye Councilman de Long - Aye Mayor Harmening - Aye Motion carried 5-0. Other PropoSed Ordinance No. 80- Re: Tree Ordinance '(Tabled) Mr. Cheney gave a progress report on the proposed Tree Ordinance stating subject ordinance has had alot of effort put into it by Jim Wolf, the forester, Carmen and others and it is mn the process of being redone and pulled together and will go to %he CommUnity Appearance Board possibly at their next meeting. Mr. de Long moved to leave it on the table and the motion was seconded by Mr. Trauger. No further discussion. Motion carried 5-0. Proposal of Field Suit Mr. Wolf explained this suit involved a law suit that was filed against, the City in 1977 by Mr. N.R. Fields and it occurred out of an agreement (three agreements actually) between 1959 and 1962 between the City and Mr. Fields where the City received the sewer system and the City agreed to collect certain fees from people as they tied into that system. Fee being $2.50 per lineal foot for people fronting on the sewer system. A certain amount of these fees were collected by the City, however, for some reason, the City stopped collecting said fees. We have researched records, held discussions with former Finance Directors and ~ast personnel of the City and cannot ascertain why the City stopped collecting these fees. It appears by our own records that we owe Mr. Fields approximately $34,000 under the obligation. It appears to us that there is no gre~t legal defense to this matter and if Mr. Fields went to court he could claim interest on top of this amount. We have had extensive negotiations with Mr. Field's attorney and the basic agreement that is being presented to Council is that all obligations under the three (3) agreements would be dropped and -14- terminated if this City would pay, within the next 45 days, $26,100 to Mr. Field and the Field Corporation~ Th~ legal staff recommends this settlement. Mr. de Long moved to accept the recommendation of the legal staff and to pay our just debts in the amount of $26,100. Motion seconded by Mr. Trauger. Mr. Cheney added that we do have approximately $7,000 that we collected available for payment and the remainder will come from the Utility Fund. Motion carried 5-0. OLD BUSINESS Report~ on Status of Bike Path Proiect Fundinq Mr. Cheney read the following memo: "The current 1980 budget as adopted calls for the funding of bike path constrUction from General Revenue Sharing Funds. At the time I made that recommendation I did not either realize or think about the fact that the bike paths to be constructed with these funds would be constructed through a contract administered by the County on a 50/50 financing basis between the City and the County, and ~that the County contractor would not have qualified through the bidding process for carrying out construction work with Federal funds where .Federal Minimum Wage Standards would be manda- tory. Therefore, it is not possible to use the City's Federal Revenue Sharing money as a match for County funds for this program administered in this way. We anticipate that the County will soon be constructing the bike paths along~the southern portion of Seacrest Boulevard to the southern City boundary and that the County will then be asking for the City's 50~ share of funds. In order to provide our funds, I am recommending that the Council authorize expenditure of bike way funds from the funds that the City has received through the subdivision recreation fee process instead'of through General Revenue Sharing Funds. The City Code that provides for the use of these funds indicates that they shall be used and expended solely for acquisition, improvement, expansion or implementation of parks and recreation facilities in the City of Boynton Beach. The Code goes on to say that the money shall be used first for the purpose of pro- viding park or recreational facilities reasonably related to serving such subdivision by way of purchase of necessary land or if the City Council deems that there is sufficient land available for ~%hat subdivision, then secondly said money shall be used for improving said land for park and recreational purposes. Or if both adequate land and improvements exist in the area, the said money may be spent to acquire or improve park or rec- reational facilities needed in the City. I believe that it can be concluded that additions to the City bike path system do, in fact, reasonably relate to serving any subdivision or project -15- throughout the City since the City's bike way system proposes to tie together all of the residential, commercial, recreational, park and school facilities- throughout the City. During the deliberations on the 1981 budget, I propose to make the suggestion'relative to the expenditure of the subdivision recreation fees that the City has been'collecting, and I anticipate suggesting that possibly up to 20~ of these recre- ational fees be.allocated to the continued expansion of the City's bike path system." Mr. de Long moved to accept the recommendation of the City Manager regarding alternate funding for bike paths. Motion seconded by Mr. Trauger. Mr. Trauger asked Mr. Wolf his opinion on legal sufficiency on the motion that was made. Mr. Cheney stated that he had discussed this matter with Mr. Vance, City Attorney, pre- viously as to whether this was a legitimate expenditure and did not ask for a written opinion but Mr. Vance thought it was. Motion carried 5-0. NEW BUSINESS Injuries to City Employees Mr. de Long told of a visit to Police Headquarters on payday when they passed the hat around taking~up a collection for one of the members who had been injured in the line of duty. He stated that most cities pay the differential between the salary and amount given by compensation. You can'~t expect a man, particularly when he has a famil~ to exist on $130 a week in this day and age. Mr. de Long then moved for the City Manager, in conjunction with the legal staff, to come up with a system where- by those that are injured in the line of duty to be carried on the payroll and receive the pay differential between what they receive from the compensation and their salary for a certain period of time and if after~that period of time they are not able to return to work they should be put- on the list for retired disability pension. This motion was seconded by Vice-Mayor Trauger. The Mayor questioned if Mr. de Long was only relating to the Police and Mr. de Long replied, '~no, the entire City---all City employees" Mr. Cheney advised Council that for reference, the Workmens' Compensation, which was improved in the 1979 session of the legis- lature does pay a certain amount which I will put into the report. In addition to that, an employee can receive from the City an additional amount of money equal to his pay and he simply charges that equivalent amount of money prorated to his sick leave and annual leave. The report will be forth coming. Motion carried 5-0. ADMINISTRATIVE Expiration of Term of Office on Boynton Beach Hou$inq Authorit~ (On the Table) -16- This item was left on the table. Request for ApDroval for ~V.F.W. Post #5335 Siqn Mr. Cheney requested.Council approval for the V.F.W. Post #5335 to place an Organizational sign at the North and South entrance to the City. Vice-Mayor Trauger moved to grant subject request providing the signs were of like size to existing signs in the area. Motion seconded by Mr. de Long and carried 5-0. Report on Fencinq - Los Manqos At the last meeting the question of fencing the property between Los Mangos and S.E. 23rd Avenue came up. Mr. Cheney advised Council that he could find no basis to require the property owner to fence this area. About the only solution would be for Los Mangos to fence their own area if they desire the requested protection. Schedule for Referendum Questions Mr. Cheney submitted the following dates for proposed referendum i terns: 1st Reading of Proposed Ordinance - October 7, 1980 2nd Reading of Proposed Ordinance - October 21, 1980 Advertise four (4) consecutive weeks 1st ad at least 30 days prior to election Ballot.material to County Office - November 19, 1980 General Election - December 2, 1980 Mr de Long stated the Council had previously requested the Attorney to prepare certain proposals for referendum. Budqet Schedule Chanqe Mr. Cheney advised Council that they would receive the tentative budget August 15th. Members of Council were supplied with an amended Budget schedule tied in with the new TRIM bill. Reminders would be sent out on workshop sessions. Absence of City Manaqer Mr. Cheney will be away September 22 through September 26th, for one (1) weeks vacation in Maine and from September 28 through October 2nd he will attend the Annual Conference of the I.C.M.A. in New york state. He will be available by telephone and Bill Sullivan will handle routine matters during his absence. -17- Approval of After Care Budqet - Boynton Beach Chit. d Care Center The City Manager requeSted approval of the After Care Program Budget for September thuough December subject to final review of community Relations Board. Mr. de Long moved to approve the request of the City Manager. Motion seconded by Vice-Mayor Trauger and carried 5-0. Approval of Library Staffinq Chanqe Mr. Cheney read the attached memo dated July 31st Re: Library Staffing with attached list. Mr. Cheney explained the need for this proposed change. The Mayor asked if the Library Board had been made aware of this proposal. Mr. de Long moved that the City Manager's recommendation be approved subject to some input from the Library Board. Motion seconded by Vice-Mayor Trauger. The Mayor asked the approximate cost involved and Mr. Cheney advised something in the area of $12,000. Motion carried 5-0. Consideration of 30 Acre Park Development - Desiqn Consultant Selection Mr. Cheney inquired of Council as to their wmshes regarding the dev- elopment of the 30 acre park. Mr. Frederick displayed the develop- ment plan of the 55 acre park site which is a nature - oriented and athletic facility being developed by the County. It is esti- mated that work would start on Phase I late summer or.early fall. The 30 acre site is more of a specialty type park and the concept of the displayed drawing encompasses tennis courts, pool complex, a small amphi-theater, multi-purpose auditorium/gym and a Senior Citizen shuffleboard and lawn bowling area. Discussion evolved around a possible City facility site to be located in the N.E. corner. It was suggested that we concentrate on the tennis center first. Mr. Trauger moved to have the City Manager work with the Recreation Director to find a consultant to give us a recommendation with costs and figures at a cost not to exceed $3,000. Motion seconded by Mr. de Long and carried 5-0. Report on Oxyqen Studies in Golf View Harbour Canals Mr.. Cheney read Mr. Cessna's remarks dated July 31 "Under separate cover I have furnished you with dissolved oxygen readings taken at various points on this canal. For your information, the dissolved oxygens are very good and substantially above the minimum normally recommended which is 4.0 parts per million~ From this information, it is obvious that aeration is not a solution to the algae problem which occurs intermittently in this canal. There are probably two things contributing to this excessive growth - one, being the fact that the water is not moving and the second, being the fact that there are a number of -18- birds especially ducks which contribute fertilizer to the water plus fertilizer and clippings which wash off the adjacent property into the canal. This is an ideal condition to cause excessive algae bloom. The water in this canal is fed when Cranbrook Lake Estates lakes are at overflow capacity. It is possible that the intermittent discharges from that area may alleviate the situation from time to time." Mr. de Long asked if the chemicals would dissolve the algae? Mr. Frederick said he did not feel that chemicals would totally eliminate the problem but should help. Mr. Cheney said he hoped the water flowing in from Cranbrook would eventually help clear up the matter and the chemical treatment would continue. Request for Refund on Cemetery Lots Mr. de Long moved to grant the request of Leon and Lillian Perry for a refund of purchase price less 20~ on Lots 172 A & B, Block N, Boynton Beach Memorial Park, Addition ~1. Motion seconded by Mr. Trauger and carried 5-0. Request for Zoninq ADDroval for Alcoholic Beveraqe Licenses 1. Dough Boy, Inc., dba Villa Pizza, 141 N. Congress Ave. 2. Dino's Pizza 301, Inc., 109 N.E. 2nd Avenue 3.. Lucille and Otley's Restaurant, Inc., 1021 S. Federal Hwy. LHL Investments Corp., dba Bob's Boynton Beverage Barn, 109 N.E. 2nd Avenue Mr. de Long moved to approve the four (4) requests since the zonin~ was found in order. Motion seconded by Mr. Trauger and carried 5-0. ADDroval of Bills Mr. Cheney presented the following List of Bills and recommended approval be granted for payment: 1. Aberdeen Construction Corp. $ Sewer repairs - N. Seacrest &17th Ave. Pay from Water & Sewer Rev. 401-351-535-40-3F 2,554.50 e Allied Chlorine CorD. Chlorine for Water Treatment Plant Pay from Water & Sewer Rev. 401-332-533-30-63. 2,733.00 e Atlas Construction of West Palm Beach, Inc. 6 ft. asphaltic concrete path - S.W. 3rd St. Pay from General Fund 001-721-572-60-5D Per bid of 7/14/80, Council approved 7/15/80 9,591.65 9,933.00 e 10. 11. 12. 13. 14. 15. 16. Caldwell, Pacetti, Barrow & Salisbury Professional services - City vs. Professional Fire Fighters Pay from General Fund 001-141-514-40-61 2,176.85 Allen C. Clark, Tax Collector Refund for taxes received American Rail Box Car Co. Pay from General Fund 001-195-519-90-12 1,332.48 CustomFiberqlass Coaches Cage for Animal Control Pay from General Fund 39.52 Pay from Fed. Rev. Share Fund 2,890.00 Per bid of 4/29/80, Council approved 5/6/80 2,929.52 I.B.M. Corporation Rental on Computer for July, 1980 Pay from General Fund 001-133-513-40-21 3,289.00 Johnson-Davis, Inc. Sewer repairs, N. Seacrest & 17th Ave. Pay from Water & Sewer Rev. Fund 401-351-535-40-3F 8,024.69 Neptune Meter Company For 202 Meters for Water Distribution Pay from Water & Sewer Rev. Fund 401-333-533-60-51 12,284.78 Palm Beach Newspapers For Ads run in Palm Beach Post for Personnel & City Clk. Pay from General Fund 001-122-512-40-75 $1,101.47 001-132-513-40-75 193.68 1,295.15 Publix Market Meals for needy & infirmed Pay from Federal Revenue Sharing 320-641-564-40-5A Ordinance No.73-15, passed 5/15/73 40.59 Seyfarth~ Shaw, Fairweather & Geraldson Legal Services for months of Feb, & March, 1980 regarding various pending grievances of Fire Fighters Local 1891. Pay from General Fund 001-141-514-40-61 1,371.46 South Central Reqional Wastewater Treatment 25,000.00 ~d Disposal Board City portion or additional funds to cover expenses attached to the furtherance of Step II & minor ame~ndments Pay from Utility General Fund 401-000-169-11-00 Superior Enqineerinq Sales Inc. One impeller pump for lift station lib Pay from Water & Sewer Rev. Fund 401-352-535-40-33 1,743.00 Aqua ChemCo., Inc. Lime for Water Treatment Plant Pay from Water & Sewer Rev. Fund 401-332-533-30-65 9, 314.40 -20- 17. Russell & Axon $ 6,319.84 Professional services rendered on various projects Pay from following accounts 401-000-220-64-0053,062.40 401-000-169-02-0053,257.44 18. Isiah Andrews Driver for Senior Citizens Club 3 Wks. Pay from Federal Revenue Sharing Fund Ordinance No.73,15, passed 5/15/73 165.00 320-641-564-40-5A 19. Willie Ruth McGrady Server for Senior Citizens Club 3 Wks. Pay from Federal Revenue Sharing Fund Ordinance No.73-15, passed 5/15/73 320- 641-564-40-5A 144.00 20. South Central Reqional Wastewater Treatment & Disposal Board Services in the Treatment and disposal of wastewater for the City of Boynton Beach for the month of July, 1980 3.17 MGD (98.27 million gallons) 0 25¢ per 1,000 gallons 24,567.50 Mr. Trauger moved to pay the bills. and carried 5-0. Motion seconded by Mr. de Long AD~OURNMBNT-- Meeting adjourned at 10:07 P.M. CITY OF BOYNTON-BEACH,_ FLORIDA BY Mayor ATTEST: ~ RATIVE ~ X. ADM£NIST H. MEMORANDUM July 31, 1980 TO: RE: Mayor & city Council Library Staffing Because of an upco~ming resignation in the Libraz~ Department, a need ~to .fill that position and a need to restructure a portion of the Libr~.ry Department~s ad~inistration~ I am recommending to the Council that a change in Librpry staffiDq be in part approved at this time prior to 1981 budget deliberations~ so that decisions on Library personnel replacement can be made in accord with the new administrative structure~ I am proposing, with the'Library Director's concurrence~ to establish two divisions .in the Library~ one being public service and the other being support services, and to create a position of Supervisory Librarian III to be in charge of each of these d iv is ions o' Such a reorganization will, I anticipate, bring about better control and direction of the many Library functions (see attached list) and continue to make it possible to serve the Library patrons in an efficient way as the Library continues to grow. Currently we have only three L. ibrary profes.sionals in addition to the Director and an organizational structure that requires that the Director be involved in the 'details of almost all activities in the department. This is an inefficient, use of her time and cannot provide immediate and continuing direction in detailed activities. The proposed structure-should hnprove the situation and will, in the long run, add two supervisory librarians to the staff. The immediate recommendation is the approval, of a position of ~ Supervisory Librarian iii and the resulting addition of one of these positions to the staff° . ~eter L. Cheney city Manager PLC:sr Attachment _ cc: Virginia~Fara~e, Cen~ral..-.F!l~ ..... PUSLIC, (.SERyICE) NOd. pu BLIC (_S'U P. PORTI. FORM 4 MEMORANDUM OF VOTING CONFLICT DATE ON WHICH VOTE OCCURRED: ¥-5 - , PART A Name: ~"~C klm' (LAST) I Address: ~:) S (~ ~-~-[-tLL (STREET) PART B (FIRST) (MIDDLE) (CITY) Telephone: ~a S- ~"~,7... ~>~L~V (A/C) (NUMBER) (ZIP CODE) (COUNTY) Agency isa unit of [check one]: Name of Agency: ~t-~ ( ) State of Florida; (/~ County, Ci____W or other Political Subdivision Position held in Agency: ~Oc,~ t~C i I PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes § 112.3143 (1975)] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained:. /, . _ / '~ ./ - 3. Person or principal to whom the special gain described above will inure: . . a. ( ) Yourself b. ( ) Principal by whom you are retained:~__~__~ ~-~--7~;~: ~.---- -- _iL --~:'"' :.~ --- - ~ ~ (NAMi~ PART D FI LING INSTRUCTIONS SCL©SUP E OF U$ N SS TP ANSACT ©N, P BLAT ©NSH P, NTBP EST PART A Name: Add ress: LAST/ IFIRST) Telephone: IMIDDLE) tA/C) .NUMBER ~CITY) IZIP CONE) [COUNTYI ~STREET) PART B Filing as a: ( ) Public Officer Agency is a unit of [check one]: ( ) Public Employee;. ) State of Florida: ( ( ) Advisory Board Member County, City or other Political Subdivision Name of Agency: Position held ~n agency: Date on which term of office or employment began: PART C DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER [Required by §112;313(12), Florida Statutes (1977) ] WHO MUST COMPLETE THIS PART Sections 112 313(3) and 112 313(7) Florida Statutes prohibit certain business re at onships on the part of public officers and employees, ncluding persons serving on advisory boaids. S~Je Part III.' Chapter 112, Florida Statutes and/or the brochure entitled ' A Guide to the Sunshine Amendment and Code of Ethics for Public Off cers Candidates and Employees" for more details on these prohibitions. However, Section 112.313(12), Florida Statutes (1977) permits the appointing official or body to waive these requirements in a particular instance provided: (a) waiver by the appointing bOdy must be upon a two-thirds affirmative vote of that body; or (b) waiver by the appointing person may be effected after a public hearing; and (c) in either case the advisory board member must fully disclose the transaction or relationship which would otherwise be prohibited by Subsections (3) or (7) of Section 112.313 Florida Statutes. This Part of Form 4A has been prescribed by the Commission on Ethics for such disclosure, if and when applicable to an advisory board member. Please complete the following only if required to do so in light of the above: 1 The partnership, directorship, propr etorship ownership of a material interest, position of officer, employment, or contractual relationship which would otherwise violate Subsection (3) or (7) of Section 112.313, Florda Statutes is held by: ( ) The reporting person: Pursuant to Section 112.313(3), Florida Statutes: ( ) Spouse of reporting person whose name is or ( ) Child of the reporting person whose name is The particular transaction for which this waiver is to be granted involves: a. Supplying the following realty, goods and/or services: b. The following business entity will supply these commodities: c. The relationshi p of the undersigned advisory board member or spouse or child of such advisory aoard me tuber to the person or business entity transacting this business is [check applicable spaces]: ( ) Officer; ( ) Partner; ( ) Associate; ( ) Employee: ( / Sole Proprietor: { ) Stockholder: ( ) Director: I ) Owner of in excess of 5% of the assets or capital stock in such business entity; ( I Public Officer or employee holding a contractual relationship with such business entity; ( ) Other, please describe: PART D DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY [Required by §112.313(12)(e), Florida Statutes (1977) ] WHO MUST COMPLETE THIS PART Sections 112.313(3) and 112.313(7) Florida Statutes prohibit certain business ,elationships on the part of public officers and employees. See Pad Iii Chapter 112. Florida Statutes and/or the brochure e qtitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers. Candidates and Employees" for more details h b tons However, Sect on 112 313(12)(e) Flor da Statutes (1977) provides an exem ption from the above-mentioned restrictions in the event that the on !hese pr.o. '" . ' ·" ' ' the officer or em ovee n such cases the officer's or emp oyee's interest in the bus~ness enbty nvolved ~s the on y source of supply within the po t ca subd~wsmn of P business entity must be fully disclosed to the governing body of the oolitical subdivision. This Part of Form 4A has been prescribed by the Commission on Ethics for such disclosure, if and when appficable. Please complete the following only if reou~red to do so m light of the above: 1. The goods or services being supplied by a business entity with which the undersigned public officer or em ployee or spouse or child of such officer or employee is involved include(s) 2. The business entity which is the only source of sup ply of tlqe above goods or services within the political subdivision is: ADDRESS) ~ NAME OF ENTIT~I - . . 3. %he interest- of :lhe undersigr~d public officer or employe~ or..spous~or ch,~id of such officer or employee in the business entity namedin item 2 above is [ch~ck