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Minutes 05-06-80MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, ~Y 6, 1980 AT 7:30 P. M. PRESENT Betty Riscoe, Mayor Edward F. Harmening, Vice Mayor Joe deLong, Councilman Norman F. Strnad, Councilman Walter "Marty" Trauger, Councilman Peter L. Cheney, City Manager Tereesa Padgett, City Clerk James W. Vance, City Attorney Mayor Riscoe welcomed and called the meeting to order at 7:30 P.M. She ann()unced the Invocation tonight will be given by Reverend Edward Wollenweber, Boynton Beach Congregational Church, followed by the Pledge of Allegiance to the Flag led by Councilman Walter M. Trauger. She requested everyone to please stand. AGENDA APPROVAL Mr. Cheney stated under Announcements, he would like to offer a Proclamation for Municipal Clerks' Week. Under Legal, there is a slight alternate to the ordinance as listed and there willy.be another ordinance for first reading regarding Adoption Of the New Zoning Map. The proposed ordinance on Page 2 should be crossed off. Under Resolutions, Item 1, he will probably add an item there - Report from City Manager Re: Fire Department. The addition of a third proposed resolution re: Personnel Re- classifications. Under Other, Item D-2, Report on Procedure for Amending Comprehensive Plan. The addition under Administra- tive, Item N, Request to Solicit Funds. Mr. deLong s.~ggested under Minutes that the Council should also adopt the m~tes of the special hearings of April 16 and 30 on the comprehensive plan. Under Legal - Other, he will have a recommendation for an amendment to the City Charter. Also, he wants to make an inquiry regarding the status of the Tree Ordi- nance. Under Administrative, Item E, he will make remarks for the public record. Mr. Harmening moved adoption of the agenda as corrected, seconded by Mr. deLong. No discussion. Motion carried 5-0. ANNOUNCEMENTS Mayor Riscoe announced that representatives of Congressman Mica will be at City Hall to talk with the public on Thursday, May 8, 1980, from 2:00 to 4:00 P. M. Mayor Riscoe read a Proclamation proclaiming the week of May 10 through May 16, 1980, as Municipal Clerk's Week. MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 MINUTES Regular City Council Meeting - April 15, 1980 Mr. Harmening moved the adoption of the minutes of the Regular City Council Meeting of April 15, 1980, seconded by Mr. deLong. No discussion. Motion carried 5-0. City Council Public Hearings - April 16 and 30, 1980 Mr. Harmening moved adoption of the minutes of the public hearings of April 16 and 30, 1980. Mr. deLong seconded the motion. Mr. Strnad requested the minutes of April 30 to in- clude the statement he made concerning depreciation of a person's property by rezoning was not in the best way of going according to his thinking. Motion carried 5-0. PUBLIC AUDIENCE Mayor Riscoe requested anyone in the audience who would like to speak on something not on the agenda to please come forward. Mr. Pat Paolella, 1600 S. W. 14th Avenue~ referred to sending a letter to the Mayor and City Council dated April 23 in refer- ence to the comprehensive plan regarding Area 16 and 68 and stated he also has petitions with 650 names objecting to what is happening here in' Boynton Beach on the parcel of land known as 16 and 68, objecting to this going from R-1AA to C-1. (These petitions were not submitted.) Mr. Angelo Siragusa, 1911 S. W. 14th Avenue, stated the City Clerk placed an ad in the Sun Sentinel on April 16 entitled "Notice of Zoning Change", in which the City of Boynton Beach proposed to rezone land in the area shown on the map. Public hearings were to be held on April 16 and 30. He is opposed to the zoning change and would like to read the letter of April 23 into the minutes from the Ad Hoc Committee of Palm Beach Lei- surevitle. He then read the attached letter dated April 23, 1980 addressed to Hon. Betty Riscoe, Mayor. Mr. Siragusa stated he would like to take a few more minutes to explain their request and reasons. The Local Planning Agency of the City of Boynton Beach was established in 1976. There were no guidelines stateD, but it was to conduct and prepare the comprehensive plan under the Comprehensive Planning Act of 1975. The Planning & Zoning Board was to act as the Local Planning Agency. The law requires that responsibilities, duties and powers should be set out by ordinance establishing the planning agency. The comprehensive plan was adopted on August 21, 1979, under Ordinance No. 79-24. It is unusual to -2- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 conduct hearings of an important nature in the summertime. The public hearing was the procedure used at that time instead of mailing individual notices. It is common knowledge that many residents of Leisureville are not here during the summertime, so it makes it very difficult to comply with the statute for the public to participate to the fullest extent possible. If the individual notification was used, he is sure there would have been local opposition at the time of the public hearings last August. He questions whether the procedures used in the City were adequate to promote effective public participation in the planning process. According to what he heard at the April 16 public hearing, many residents were not aware of the comprehensive plan. Mr. Siragusa then referred to the published notice and stated out of the 96 areas listed for proposed zoning changes, only Area 68 was being rezoned from R-1AA PUD to C-1. Most of the other proposed changes were cosmetic changes involving recrea- tion and public use, but this area went from R-1AA to C-1. Why was this particular parcel picked out? There is another parcel just south of Woolbright Road which is a lovely candidate for the comprehensive plan being zoned C-4 and surrounded by resi- dential area. Mayor Riscoe referred to the time Mr. Siragusa had been speak- ing and advised there is a limitation as far as public audience and requested him to please summarize his statements. She informed him that the comprehensive plan has been going on for several years. There have been many opportunities for public participation with notices in all the local papers. Mr. deLong stated that he believes the Council is very sympa- thetic to this appeal which was made and it was our intention to consider an amendment. If the people attended the meeting of April 30~ it would have been acted on at that time, but nothing precludes it being acted on tonight. Mr. Siragusa continued that they know what is going to be pro- posed in the adoption of the zoning map with deleting some areas. Their request is to amend the comprehensive plan by deleting Area 16 because they don't feel the recommendation in Area 16 was justified by the facts which existed at the time. At this time, Mr. deLong moved to suspend the regular order of business and proceed with the Public Hearina secheduled at 8:00 P. M. Mr. Harmening seconded the motion and the motion carried 5-0. -3- MINUTES - CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA ~AY 6, 1980 PUBLIC HEARING - 8:00 P. M. Rezoning Request to C-1 from R-1AA - Lot 9, Block 5, Woodcrest Manor (1516 S. W. 2nd Street) Submitted by Joseph & Roberta Tomberg Mr. Jeff Tomberg came forward as the representative of this application and explained this property is located on the corner of 2nd Street at Woolbright Road, approximately 600 feet east of 1-95. He distributed copies of a 1979 traffic report located 600 feet east of 1-95 on Woolbright Road. According to the comprehensive plan, almost the entire length of Woolbright Road has been designated as commercial property or is being used by the City for recreation or a commercial venture. As shown by the report, there is a high traffic count with over 18,000 vehicles in 24 hours. This is located directly across from the ball park, cemetery and City water wells. If the City Council would compare the comprehensive plan to the present zoning, they would see that the residen- tial zoning is spot zoning in this area. He told about the uses of the land along Woolbright Road from U. S. 1 g. oing west. One of the other problems is that it is extremely difficult to inhabit a house at this location with lights at the baseball field, the dangerous high traffic flow, etc. He told about a vehicle side swiping a car parked in the parking area of a yard. Also the noise with emergency vehicles is tremendous. The area does not have the characteristics for a single family home. When the house was built, 15th Avenue dead ended at 3rd Street and it was only two lanes with only the ball park fur- ther west. At that point, it was predominantly residential, but due to the expansion of 1-95 and the growth of the City, the area is not habitable for a single family residence. He has been before the Planning & Zoning Bo~ard about this several times during the past year requesting C-1 for this area. He has indicated that they would like to go ahead after rezoning and open a law office at this location. Mr. Tomberg then referred to the impact of a professional office on this corner and explained that a wall was required to buffer it from the residential area and the traffic would be light for a law office and only generated during normal working hours. He submits to the Council because of the tremendous change in this area, the City and others saw fit to operate commercial enterprises and they request this to be changed to the zoning to conform with the conditions pre- sently there. Mayor Riscoe asked if anyone else in the audience wanted to speak in favor of this rezoning request and the following came before the Council. -4- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 Mr. Harvey Oyer, Jr., 227 S. W. 15th Avenue, stated his resi- dence ms on the property immediately east of this property and he is in favor of this rezoning request. He thinks it is com- patible with the overall use on 15th Avenue and does not feel it would adversely affect him as a homeowner and resident. He re-affirms what Mr. Tomberg has said that the City's position in this area has created spot zoning which is detrimental to the owners there and the City's best interest. This lot faces 2nd street, but the remaining lots face Woolbright Road and there is no way to have a home in that area without facing Woolbright Road. The subdivision was platted about 1958 and Woolbright Road was widened and continued over 1-95 about two years ago. He can attest to the noise and dust pollution and the numerous trips of emergency vehicles. He would like to see the whole area rezoned at the proper time. Personally he does not have any deske to move at the present time because it is convenient for his daughter to walk to school. He thinks as a homeowner, he should be protected with having zoning which is the highest and best use of the property. He explained that people do not have to move if it is rezoned~ but they should be protected with having the proper zoning. To the best of his knowledge, no home has been built on Woolbright Road in 15 years with the exception of.Leisureville and they have the houses set back from Woolbright Road with screening. There is no way to change the platting of the properties in this area to make it conducive to single family residences. The C-1 use would be in conformity with the neighborhood pat- tern and would be desirable. Mr. Joe Tomberg informed the Council at the time he purchased this lot and house, Boynton Beach had contemplated the zoning would be C-2 when Woolbright Road was four laned. This is a matter of City record. The people who are objecting are not facing the traffic, but all live in the back areas. Not one person objecting lives on Woolbright Road and has 18,000 cars passing in front of their home. He feels this should be re- zoned to the highest and best use which is professional use. Mr. deLong referred to the objectors living within 400 feet and Mr. Tomberg replied that most do not. Mr. deLong asked if the people living within 400 feet were notified and Mr. Tomberg replied affirmatively, but of the 30 or 40 people notified, only three or four objected at the Planning & Zoning Board meeting. These same ones have been objecting all the time. Mr. Trauger asked if there would be any difference in the valu- ation as far as property values and Mr. Tomberg replied affir- matively. He told about tenants moving out of the house be- cause of the noise and commotion in this area and the house has depreciated because of the location. He intends to use it as a law office. -5- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 Mr. Gene Moore, 640 East Ocean Avenue, stated he is an adjacent property owner with having a gravesite in the cemetery and he supports this because when he is buried, he would like to know there is a law office across the street. Mayor Riscoe then requested those wishing to speak for the denial of this property to come forward. Mr. John Fenesy, 219 S. W. 14th Avenues referred to living within 400 feet and objecting at .the previous meeting and stated he has lived here for nine years and the ball park and lights have been there. This house faces on 2nd Street and he finds it pretty tough-to believe that 18,000 cars pass the front of the house every day. He believes the lot only has a 60 ft. frontage. If there are two or three cars turning from Woolbright Road into 2nd Street and one stops to enter the driveway, the third car is sticking out onto Wool- bright Road. He believes it would create a traffic hazard. He also feels that the lot, even though it abuts Woolbright Road, faces 2nd Street and there is no commercial on 2nd St. All the commercial area is on Woolbright Road. He feels if this one lot is made C-l, it would be spot zoning. At the Planning & Zoning Board meeting, Mr. Tomberg stated there would be no cuts on Woolbright Road with the entrance being on 2nd Street. The house sits fairly close to the north property line. He doesn't think there could be an adequate buffer to the house to the north. He doesn't know the ordinances or laws, but it was brought out that R-1AA could not abut C-1. He is definitely against this. Mr. Casimir Sikon, 1511 S.W. 2nd Street, stated that he lives directly across the street from this property. He would like to ask Mr. Oyer who owns the property to the west of this house and Mr. Oyer replied that he owns the property immedi- ately to the east and has two lots. Mr. Sikon continued that he believes an attempt is being made to establish a precedent. Once this pi~e of property is rezoned, the whole block will go. He then requested that his letter be read which he sent to Mrs. Padgett. Mrs. Padgett then read the following letter from Mr. & Mrs. Casimir S. Sikon dated April 9, 1980: "Please be informed and present our objection to the proper authorities that we are against rezoning Lot 9, Block 5, Woodcrest Manor, also known as 1516 S. W. 2nd Street, Boynton Beach, Florida. We have just recently built our home and adhered to all City codes and regulations which are of a higher standard and justly so for we have an area to be proud of. We feel that opening Woolbright Road to spot rezoning is unfair for many obvious reasons, as commercial property and residential is not compatible. Another item to consider is -6- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 that the traffic hazard would be compounded as east/west traffic is terrific east of 1-95. We also feel that by granting this spot rezoning, a precedent will be established throwing the rest of Woolbright Road to anything and every- thing." Mr. Sikon stated he would also like to point out that these are all good sized lots and a horseshoe drive could be built for the residents decreasing traffic hazards with engress into the highway. Also, a residen~ has less traffic than commercial. The Planning & Zoning Board by a vote of 7-0 turned this request down on April 22 based on three reasons: spot zoning, no buffer and contrary to the comprehensive plan. Mrs. Marian Pasquale, 1510 S. W. 2nd Street, stated she has lived next door to this property for twelve years. She has lived with the ball park and the cemetery hasn't given her any problems. It is a residential area. Her house was bought to be a home. Possibly Mr. Tomberg bought his for speculation and that is his right, but she has her righ~ and feels it should be residential. Mrs. Dorothy Sikon, 1511 S. W. 2nd Street, referred to the statement that no new home was built in this area in 15 years and stated this is not true as her home was built in the past three years. It will be impossible to live in her home if Mr. Tomberg turns his home into an office. At one time, this house was rented and there were six cars around the place and it was a disgrace to the neighborhood. She is in favor of no change. Mr. Vance suggested that the City Planner enter into the record the findings and conclusions of the Planning & Zoning Board. Mr. Annunziato referred to this coming up during the comprehensive plan procedure and read the discussion in the technical report: "During the planning and review process, two property owners in this area expressed their desire to convert their property to commercial use, thus requiring a change in land use regulations. The rationale for permitting commercial use derives from the increased market potential of the property for commercial use due to the increased traffic capacity along Woolbright, as well as to the negative impact of this traffic upon low density residential use. While both argu- ments are valid, other substantial negative impacts would result from the use of this area for commercial purposes. The high traffic volumes, while acting to create a market for commercial uses would impact the vehicular ingress and egress characteristics of small commercial properties thus duplicat- ing the traffic safety problems which presently exist along -7- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 portions of North Second Avenue. In addition to the problem associated with numerous arterial street curb cuts is the im- pact of commercial reuse on the stability of the low density residential neighborhood immediately to the north. Therefore, it is recommended that present land use regulations remain in effect." Mr. Annunziato advised at the Planning & Zoning Board meeting, a public hearing was conducted and it was unanimously recom- mended to deny this request noting that: 1) This request would constitute spot zoning which would result in preferen- tial treatment; 2) That the lot location would not provide an adequate reduction in zoning categories to buffer the R-1AA lands to the north~ and 3) This request is inconsistent with the comprehensive plan of Boynton Beach. It is also his recom- mendation this application be denied. Mr. Cheney referred to this request being inconsistent with the comprehensive plan and questioned whether the City Coun- cil could approve it and Mr. Vance replied that under the terms and provisions of the Comprehensive Planning Act, the City Council cannot change categories from residential to commercial. Mr. deLong moved to uphold~the recommendation of the Planning & Zoning Board with the zoning to remain R-1AA, seconded by Mr. Trauger. No discussion. Motion carried 5-0. Mr. deLong moved to revert to the regular order of business, seconded by Mr. Harmening. Motion carried 5-0. PUBLIC AUDIENCE (Continued) Mr. Curtis Sherrod, 150 N. E. 17th Court, informed the Council that he is representing the area of Boynton Beach from the Boynton Canal bridge to N. W. 22nd Avenue which encompasses about 500 households and 1,500 children. This area has been long neglected by the City. His concern is centered upon the Rolling Green Park. The lawn is just sand spurs and weeds and the only grass is in the baseball diamond. The trees have died, the water fountain doesn't work, the swings need repair, lights are non-existent, etc. The residents of this neighborhood feel their kids deserve a place for recreation. He then read a petition requesting improved recreation for this area. (The petition was not submitted.) Mr. Sherrod continued that since January ~ called about 500 times to t~e Blvd. and most of these calls anything to do. They are not are taxpayers and would like' their side of town for a chan, -81 ., 1980, the police have been 7-11 store on North Seacrest are because the kids don't have aSking for a handout, but they no see tax dollars invested.in e. MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 BIDS One Cage for Animal Control Truck Budget Transfer Mr. Cheney informed the Council that a bid has been received for custom fiberglass cages for the animal control truck in the amoun~ of $2,884.20. He also submitted a proposed trans- fer for t~is set of cages. The truck and cages are being pur- chased out of General Revenue Sharing Funds. Mr. deLong moved to accept the recommendation of the Tabulation Committee and accept the low bid from Custom Fiberglass Coaches for the sqm of $2,884.20 and the alternate bid addition of $49.50. Mr. Harmening seconded the motion. No discussion. Motion carried 5-0. Rolling G~een Elementary SchoOl Ballfield Mr. Cheney referred to receiving three bids and one for the fence, ra~ging from $28,000. to $42,000, and stated this was much more~than anticipated. It is recommended the bids be denied. ~t is recommended we pursue the alternate means of constructing the ballfield with the City acting as general contracto~ and proceeding with.individual contracts to build the ballf~.eld. It is estimated it could be done for about $11,000. Mr. deLon~ Tabulatioi sion. Mot One Bluep: Mr. Chene~ to table Sale & Re: Mr. Chene~ from the the sludg yard. It our own ut Mr. deLon~ tion Commi Inc. at 4' No discus~ moved to reject the bid as recommended by the Committee, seconded by Mr. Harmening. No discus- ion carried 5-0. lint Machine recommended this be tabled. Mr. Harmening moved ;hist seconded by Mr. Trauger. Motion carried 5-0. loyal of Lime Sludge - Boynton Beach Water Plant 'referred to this bid being fOr selling the sludge 'ater plant and recommended the bid for the sale of be given to Site Contracting, Inc. at 47¢ per cu. is agreed if there is anything we want to keep for ;e, we do and only pay for anything they take away. moved to accept the recommendation of the Tabula- _ttee and accept the high bid from Site Contracting, ~¢ per cubic yard. Mr. Harmening seconded the motion. ion. Motion carried 5-0. -9' MINUTES - C~TY COUNCIL ~ETING BOYNTON BEACH, FLORIDA MAY 6, 1980 SITE DEVELOPMENT PLANS Request to Reduce Letter of Credit for Lake Worth Mariner Village Subdivision, Requested by Robert Hamilton, President Mr. Cheney informed the Council this is a request to reduce a bond, which is actually a letter of credit for Lake Worth Mari- ner Village. Right now, it is recommended the bond be reduced to $4,800. This will cover the uncompleted roadway and storm sewer work with the condition the work on the roadway will be completed in six months. If not completed, Mr. Hamilton will be back and indicate his proposal at that time. Mr. Hamilton was unable to at%end tonight and requested that we go ahead. Mr. deLong asked if this is in compliance with the letter to Mr. Hamilton dated April 25, 1980 from Mr. Clark and Mr. Cheney replied that it is more updated than that. Mr. deLong moved to grant, seconded by Mr. Harmening. discussion. Motion carried 5-0. No LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 80-9 - Re: Gulfstream Professional Center (Tabled) Mr. Vance suggested leaving this on the table, but advised they are in the process of rezoning to reach a conclusion. Mr. deLong moved to table, seconded by Mr, Harmening. Motion carried 5-0. ~Proposed Ordinance No. 80-17 - Re: Amend Sign Ordinance - MenU Signs Mr. Vance read proposed Ordinance No. 80-17 by title on second and final reading. Mayor Ris¢oe asked if anyone in the audi- ence wished to speak for this ordinance and received no re- sponse. She asked if anyone wished to speak against this ordinance and received no response. Mr. deLong moved the adoption of Ordinance No. 80-17 on second and final reading, seconded bY Mr. Trauger. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman deLong - Aye Vice Mayor Harmening - Aye Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Trauger - Aye Motion carried 5-0. -10- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 Ordinances - 1st Reading Mr. Cheney referred to the next two ordinances and advised that one was substituted with the one submitted tonight in the packet. The one referring to the 92 parcels should be taken out and there is a map which should be attached to it. The ordinance is corrected for the 92 parcels tieing them in with the comprehensive plan. The step the Council will take is to go back to the first one adopting the totally revised zoning map which is completed and in the packet. Mr. deLong asked if before adoption, the Council would be able to make proposals for amendments and Mr. Cheney replied affirmatively and advised that Mr. Annunziato will go over those areas left out. Four areas have been taken out. He also made a study of the area adjacent to the FEC Railroad in the area of 10th Avenue where there are warehouses. Mr. Annunziato stated based on the directives he received at the public hearing, three parcels have been deleted from the rezoning ordinance and one has been modified with a parcel of land being excluded. The fOur parcels being excluded are Area 7 with the recommendation to rezone from C-3 to single family; Area 68 which was the subject of some discus- sion earlier this evening and the recommendation is R-1AA to C-2; Area 92 requiring no action by the City Council but the owner must seek action from the courts to remove the court order; and Area 49 has been modified to the extent that the property north of the dog pound up to 5th Avenue lying west of 4th Street has been recommended to remain C-4. Also in discus- sion was Area 73 and the Council directed that a study be per- formed. He pointed out the location of Area 73 and then explained the existing uses as noted on a map he prepared. In regards to new construction in the area, he checked the c/o records and he pointed out three locations of homes which have been constructed during 1979. The area in ques- tion is primarily vacant and fronts on an undeveloped road called Railroad Avenue. It is constructed in part adjacent to an industrial use. The recommendation in the comprehensive plan may make more sense and reads: "At present, single family dwellings predominate, with some encroachment by multi-family and commercial use. The options in this area are either to encourage a complete redeve- lopment to commercial uses or to attempt to stabilize it as a pocket of residential use. Because of the abundance of commer- cially zoned land with more direct highway access, redevelop- ment to commercial use would require parcel-by-parcel acquisi- tion and would necessarily exacerbate the problem for an extended period of time. Therefore, the area should be protected from further encroachment by incompatible uses through piecemeal rezoning." -11- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 Mr. deLong referred to Area 68 possibly being transferred from the developer to the owners and stated he believes this was set aside to be used for the parking and storage area of trailers and recreation vehicles. The people are very much concerned if in the event it remains C-4 and the land is no~ returned to the people for the specific purposes outlined originally, then it may become very obnoxious with the types of businesses in C-4. Is there anything recommended in order to eliminate this becoming C-4, if in the event it does not revert to the owners in Leisureville? Mr. Annunziato clarified that this area is south of Area 68. The information received is this area was planned as part of the master plan of Leisure- ville to park recreation vehicles. He understands the property has now changed hands. The issue of why it became C-4, was it was recommended in 1975 to protect the use for the parking of recreation vehicles. It is his recommendation, based on the information we have now, to perform a neighborhood analysis to evaluate access to the site and impact on existing uses. Mr. Trauger stated this should be de/sted from the plan and Mr. Annunziato informed him that right now, this is not part of any action advertised. Mr. deLong referred to an application being submitted for rezoning and Mr. Annunziato replied that possibly the Council could direct the Planner to conduct a neighborhood study of impact and he could return with a firm recommendation for the City Council. Mr. Cheneyquestioned how this was designated in the comprehen- sive plan and Mr. Annunziato informed him it is noted as gen- eral commercial. Mr. Cheney asked if it would require an amend- ment to the comprehensive plan and Mr. Annunziato replied af- firmatively. Mr. Cheney clarified this was not Parcel 68, but the parcel south of Woolbright Road and it is C-4 and cannot be changed tonight. Mr. deLong moved to have the City Planner make a study of this property and submit a recommendation, seconded by Mr. Trauger. No discussion. Motion carried 5-0. Mr. Harmening added that as he mentioned at the public hearing, this may require litigation regarding the title and pending the outcome of the litigation, the present owner can take out a permit for anything. The sooner the Council acts on this to protect the interest of the people nearby, the better it will be,. If the present homeowners association does acquire the title and if they want to keep it C-4 for a boat dock or recreation vehicle parking, the Council would not have any problems going back to C-4. In the meantime, he thinks it would behoove the people to move expeditiously to protect the interest of the adjacent property owners. -12- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 Mr. Vance referred to modification of this parcel and stated he believes the Planner will have to evaluate amending the compre- hensive plan because the comprehensive plan at present does call for commercial use of that parcel. Mr. Harmening stated it could be changed to C-1 which would create a different atmos- phere and could 'be C-1 without an amendment to the comprehen- sive plan. Mr. deLong moved for the City Planner to implement an alternate regarding Area 68, seconded by Mr. Strnad. No discussion. Motion carried 5-0. Mr. Trauger moved that Area 7 and Area 49 receive similar action with investigation by the City Planner, seconded by Mr. deLong. No discussion. Motion carried 5-0. Mr. deLong referred to the area of 2nd Avenue and Mr. Annunziato informed him that 2nd Avenue west of Seacrest Blvd. did not appear in the rezoning change. If there is a directive from the Council to change to C-3, they can instruct the City Planner to implement rezoning of those properties. Mr. deLong so moved, seconded by Mr. Harmening. Under discussion, Mr. deLong referred to this including along 2nd Avenue from the Intra- coastal to the western boundary line and Mr. Annunziato in- formed him that part is incorporated in Area 49. Mr. deLong clarified there should be continuity of zoning all along 2nd Avenue. Motion carried 5-0. Mr. Annunziato asked if the C-2 areas only along 2nd Avenue were to be considered to be changed to C-3 and Mr. deLong replied that all the zoning should be uniform. Mr. Annunziato stated the areas which have a land use designation of residen- tial cannot be changed through rezoning, but require an amend- ment to the land use plan. Mr. Trauger clarified that Leisure- ville shouldn't be changed to C-3. Mr. Annunziato referred to the southwest intersection at 1-95 being recommended for duplex residential and asked if this was to be included and Mr. Harmening suggested having a workshop meeting to go over this. Mr. deLong then withdrew his previous motion and Mr. Harmening withdrew his second. Mr. Trauger moVed to have a workshop session to study the map and this area, seconded by Mr. deLong. After discussion, it was agreed to have the workshop meeting on Thursday, May 15, at 7:30 P. M. Motion carried 5-0. Mr. Vance then read proposed Ordinance No. 80-18 by title regarding the rezoning of the 92 parcels of land. -13- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~AY 6, 1980 Mr. Annunziato requested clarification for Area 73. Mr. Jim Thompson, 741 N. E. Enfield Street, Boca Raton, stated that he owns Lots 17, 18 and 20 and represents Lot 19. These lots were zoned M-1 when purchased which fits this property. Zone C-3 requires 15,000 square feet and .there is not 15,000 square feet in Lots 17 and 18. If it is changed to R-2, 75' frontage is required and these lots are only 50 ft. The zoning was changed once and he was never notified and now rezoning is being proposed again. If it is rezoned to R-2, the lots will not be comprehensive to the zoning plan. This property should be M-1 like it was originally. To shift from C-3 to R-2 is a cut in zoning. This property faces the railroad tracks and you look across at M-1 zoning with junked vehicles and trash. He believes an error has been made here. With R-2, it is in violation of the zoning laws. He suggests this tract be stud- ied and changed back to M-1 because it is the only thing which fits in the zoning book. Mr. Harmening agreed the area should be restudied. Mr. Annunziato suggested tkat it be reviewed at the workshop meeting. Mr. Trauger moved that Area 73 be referred to the workshop meeting previously set up for reconsideration, seconded by Mr. Strnad. No discussion. Motion carried 4-0 since Mrs. Riscoe had left the room. Mr. Trauger asked if the people would be notified of the work- shop meeting and Mr. Harmening replied that public hearings have been held and the Council should make a decision. Mr. Harmening asked if this changed the ordinance and Mr. Vance replied negatively as this item had been de~ed from the ordinance upon prior direction of the Council. Mr. Trauger moved to adopt Ordinance No. 80-18 on first reading, seconded by Mr. deLong. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Harmening - Aye Mayor Riscoe - Absent Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Motion carried 4-0. Proposed Ordinance No. 80-19 Re: Adopting New Zoning MaD Mr. Vance referred to this being a companion ordinance for Ordinance No. 80-18 and stated we have been working with the same zoning map and we cannot keep correcting it. This is simply adopting a new zoning map to coincide with the current zoning including the previous ordinance approved on first read- ing. -14- MINUTES - CITY COUNCIL ~IEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 Mr. Vance read proposed Ordinance No. 80-19 on first reading by title only. Mr. Strnad moved to adopt Ordinance No. 80-19, seconded by Mr. deLong. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Mayor Riscoe - Absent Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Vice Mayor Harmening - Aye Motion carried 4-0. Resolutions Proposed Resolution No. 80-L - Re: Amending Civil service Rules and Regulations Mr. Vance read proposed Resolution No. 80-L by title. Mr. Cheney referred to this resolution covering two separate items, one pertains to the issue raised by Councilman deLong regarding Civil Service Rule of Three and the other applies to two posi- tions in the Fire Department. Mr. deLong clarified that his request was if one man is jumped over on the list, we want to know the reason why in writing. This is kept between the Personnel Director and City Manager and the City Council should get this information. Mrs. Padgett advised that two gentlemen had requested to speak in reference to this resolution. Mr. Robert Brown, 131 N. E. 5th Avenue, stated that he is a Driver/Engineer with the Fire Department. The Council is being asked to support a resolution which precludes the educational requirements for the Fire Chief from a college degree~ to a high school diploma. This is not in the best interest of the City because it excludes for consideration some of the most knowledg- able and dedicated fire service professionals. He told about the qualifications and experience of the men in the department. Because of these achievements, he agrees with Councilman deLong's statement that the best rests with us. However, if the Council chooses to support this proposed change, none of these career minded people will be eligible for appointment because they lack seniority requirements which are being in- creased from nine to twelve years. This is a most demanding position on the basis of seniority. Seniority should have a limited application in determining suitability for a promotion. -15- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 Mr. Brown then read a discussion from the Fire Administration Book concerning seniority and educational considerations for promotion. In this proposed resolution, seniority stands out as the determining factor. If the educational requirement is being reduced to accommodate those who have made no effort, then it should also be modified to include those who have made an effort to comply. He would be opposed to a proposal determin- ing eligibility on education alone, even though it would be in his favor. What is at issue is education and seniority and one should not be reduced and not the other. Mr. Brown referred to Resolution No. 78-HHH and stated this was similar to this proposed resolution, but after it was passed, the Council realized they made a mistake and repealed it. It wasn't a good idea then and it isn't a good idea now. The over-riding factor to be considered in this matter is the Council's responsibility to the taxpayers of this community, to all members of the Fire Department, and to themselves, to appoint to the position of Fire Chief the most capable fire fighter without regard to whether that decision would be popu- lar. Mr. John Miller, 198 S.E. 27th Avenue, referred to being a member of the Civil Service Board and advised that the other members of the Civil Service Board are not here, but he polled them last night and they concur with what he is about to say. The first thing is the Civil Service Board unanimously voted at the last meeting to ask the City Council to delay voting on any changes of the Civil Service Rules until the Board could meet and make recommendations and changes. He then read a letter from the City Manager to Mr. A1 Furia advising that the City Council appointed him as Chairman of a special committee to review the rules and regulations. Even though they would like a delay effected, he would like to addreSs the two proposals which they intend to pass this resolution on, Rule 3 and the fire promotions. Mr. Miller referred to discussing the Rule 3 scores at the meeting and they believe the department head should be able to use the authority designated to him by the City to use his best judgment in regards to promotions. By now asking the department head to submit a written resume of why he passed over No. 1 or No. 2 of the first scoring test takers, this is, in effect, pulling some strings back and taking back some of his authority, It is actually the Council saying they do not believe the department head is quite as capable as when ori- ginally appointed and the Council wants to review their deci- sions. He does not think it is right making these particular -16- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 written resum~ for passing over public and anything brought before the Council will be made public. He read a section of the proposed amendment from the regulations and stated this meant the personnel file of the person being passed over will be placed into the public record and the reasons could be damag- ing to the person. He read the reactions to this as stated by the members of the Civil Service Board from the minutes of the last meeting. They would like to go into Rule 3 further and request a delay acting on this proposed resolution. Mr. Miller then referred to the fire promotions and stated the main reason the members felt a change should not be effect- ive is they feel it lowers and degrades the educational require- ments for Fire Chief. They are not addressing personalities, but principles. He read from Section 13 of the Civil Service Rules and Regulations pertaining to appointmenn and qualifica- tions. They feel right now if nobody meets these requirements, possibly an alternate plan could be adopted. They realize there is a need for expediency in getting a chief in place of the acting chief, but we need to have a chief who meets the requirements. If nobody meets the requirements~ then we should continue with the acting chief or possibly have a chief selected with the stipulation he gets the required education in the quickest possible time, so the educational requirements would not have to be lowered. He requests the Council to delay voting on this resolution until after the Board meets next Wednesday. Mr. Strnad commented that he feels the City Council is getting far afield of our elected job. We are putting our noses into something we shouldn't. We have a City Manager who is supposed to take care of administration. We are supposed to set policy. The Civil Service Board was appointed by the City Council. This is disregarding the recommendations of the Civil Service Board and taking powers away for administrative duties from the City Manager. Mr. Strnad moved to table this proposed resolution until we can meet with the Civil Service Board, so something sensibly can be done. Mayor Riscoe passed the gavel to second the motion. Motion failed 2-3 with Councilman Trauger, Councilman deLong and Vice Mayor Harmening dissenting. Mr. deLong stated the Civil Service Board and members of the City Council should realize there is one governing aufhority in this City and that is the City Council. We were elected by the people to guide the destinies of this City, This committee was set up to revise the rules and regulations because in the past wherever conflictions or inequities existed, nobody did anything about it. If we wait until the Civil Service Board -17- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~Y 6, 1980 comes to us with their recommendations, then it will be the same method of operating as in the past. If it was taken care of in the past, there would be no necessity for the special committee. The City Council is the governing authority and has every right to know and oversee the actions, duties, and activities of every member working for the City of Boynton Beach. As long as he sits on the Council, this is what he intends to do. When the committees get bigger than what the Council is, then the people have no use for the City Council. Mr. deLong stated that he is also making a proposal that the City Charter be changed. He read Section 72.9, Personnel Rules, of the City Charter. The authority was given to the Personnel Director just to draft the rules and regulations, so they could eliminate the existing rules up until that time. He recommends to amend as follows with adding at the end of the paragraph: "and may also be amended by City Council initiative."' Mr. deLong continued that without this authority spelled out to amend, the City Council is placed in a position of requesting appointed officials who recommended Council sponsored amendments for rules and regulations. Since when does the governing body have to go with hat in hand to the appointed officials to have them do something that the City Council is sponsoring? The authority to amend City Charter by ordinance is granted under House Bill 1020, Home Rule Chapter 166.021, Municipalities and Powers. This proposed amendment does not change any rights of municipal employees or does it interfere with or supersede the authority of the Civil Service Board of Appeals and/or the assigned duties of the Personnel Director and the City Manager. Mr. deLong moved this amendment, seconded by Mr. Trauger. Under discussion, Mr. Harmening asked if this should be included in the resolution and Mr. Vance suggested that it would be more appro- priate to conclude the resolution and take-this as a separate item. Mr. deLong agreed. Mr. Harmening moved adoption of Resolution No. 80-L~ seconded by Mr. deLong. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Strnad - No Councilman Trauger - Aye Councilman deLong - Aye Vice Mayor Harmening - Aye Mayor Riscoe - No Motion carried 3-2. -18- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 Report by City Manager Mr. Cheney stated effective upon the City Council's confirmation, he is appointing James Rhoden, Sr., as Boynton Beach Fire Chief. For some time, he has been observing the Fire Department, observ- ing its present status, observing its personnel, negotiating with its union and making plans for its futur~. During this timed he believes that he has become familiar with the department's current status and its future needs and direction. During much of this time, James Rhoden has served as Acting Fire Chief. He has served as a positive and concerned leader of the department. During the period that he has worked with and observed James Rhoden, he has become convinced that he has both the experience and ability to effectively carry out the responsibilities of Fire Chief and he is looking forward to the support of the Fire Department personnel as they cooperate and work with the depart- me~t leadership. Additional changes in ~he department officer positions will be made in the coming months to fill two captain positions, lieutenant positions and traihing officer, plus others that may become vacant. It is a~so expected that addi- tional organizational structural changes will ~e recommended. Out of this will be a new leadership strUcture, numerous promo- tions and new personnel. These personne~ changes combined with program changes and additions will, he is convinced, in a short time significantly modify the department,s internal working relationships and provide an atmosphere for concerned, mositive, hardworking professional members of the fire service for Boynton Beach. Mr. Trauger moved to confirm the appointment of James Rhoden as Fire Chief of Boynton Beach, seconded by Mr. deLong. No dis- cussion. Motion carried 5-0. Proposed Resolution No. 80-M - Re: Turnpike InterChange at S.R. 80'4 - Boynton Bea'ch (Requested by ~halnber of Commerce) Mr. Vance read proposed Resolution No. 8Q-M by title, Mr. deLong moved the adoption of Resolution ~o. 80-M, seconded by Mr. Harmening. No discussion. Mrs. Padqett took a roll call vote on the motion as follows: Councilman deLong Vice Mayor Harmening Mayor Riscoe Councilman Strnad Councilman Trauger - Aye - Aye - Aye Aye Z Aye Motion carried 5-0. -19- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 Proposed Resolution No. 80-N - Re: Personnel Reclassifications Mr. Vance read proposed Resolution No. 80-N by title. Mr. deLong moved the adoption of Resolution No. 80-N, seconded by Mr. Trauger. Under discussion, Mr. Cheney commented that as a general rule, he prefers to make personnel reclassifica- tions and changes at the annual budget adoption time because it causes less trouble, etc. In an organization of this size, there are obviously positions with a changing nature of work which should be adjusted or may have been forgotten and these three positions fall into that category. It does not suggest a mass change in positions, but he thinks these three positions deserve attention at this time. Mrs. Padgett then took a roll call vote on the motion as follows: Vice Mayor Harmening - Aye Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Motion carried 5-0. Other Report on Unification Church Law Suit Mr. Vance requested and recommended that his office be author- ized to negotiate a settlement of this law suit, which would incorporate permission to the Unification Church to solicit. A settlement will probably include some attorneys' fees which we are required to pay, but it would be limited if we move in this direction now with the possibility of some limited damages. He requests this authorization and recommends the City Council grant this request. Mr. Harmening moved to grant the City Attorney this authoriza- tion requested, seconded by Mr. Trauger. Under discussion, Mr. Trauger stated he admits the Unification Church has the legal right to solicit under the Constitution of the United States, but he feels it is atrocious. He spent 29 years in the service to give them this right. Many people, along with himself, have fought three world wars to give these people this right under our Constitution. He feels to take the money out of Boynton Beach on the other hand and produce a generation of what these people are doing, non-productive to our society, doing no work and learning to pan handle at an early age and rob the funds and use them from the productive people of the other side of the community is morally wrong. He urges the people to press the media to inform our people that when they do solicit in Boynton -20- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 Beach, as is their constitutional right, to hold their hard earned money to themselves. This organization is gathering millions of dollars under the cloak of the church, a non- profit organization, investing in real estate and then renting these buildings. We are raising a generation of pan handlers. He believes from all background to hide this under the guise of the church is wrong, but legally they are right. Mayor Riscoe referred to having a confrontation with a gentle- man from this organization and told about the harrassment she got on her previous vote. When we took office, we had to pledge to uphold the Constitution of the United States and by mandate of the Supreme Court, we have to do so. She will not spend tax money foolishly for a lost cause. This will be the worse vote she has ever made. She requests the press to publish this and tell the people in our area not to give. Mr. deLong added that his sentiments are likewise, but as long as the federal government gave people this right, he cannot see throwing taypayers' money down the drain to fight a suit. Mr. Harmening added that he voted previously to let them solicit knowing they would win a law suit. They have every right to solicit, but he asks the press to hold these remarks until a more appropriate time. Mr. Strnad stated that he also voted against the Moonies in -1977 and 1979 and has not changed his mind. The only thing which has changed his mind is the fact the attorney tells us there is no way to win this case and it is foolish to spend the taxpayers' money for something we cannot win. Mr. Harmening referred to this organization having filed a number of law suits and explained how their experience in this has been to their benefit. He explained how it would be a lost cause to fight this and result in just throwing money away. The vote was 4-0 on the motion with Mayor Riscoe abstaining. Mr. Vance informed the Mayor she must vote unless she has a conflict of interest. Motion carried 5-0. Report on Procedure 'for Amending Comprehensive Plan Mr. Cheney referred to submitting a procedure for amending the comprehensive plan and advised that no action is required at this time. He clarified that we do have a procedure now for amending the comprehensive plan which can be initiated by the City Council or affected property owners or by the Planning & Zoning Board. -21- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 Proposed Amendment to City Charter Mr. Vance referred to this particular matter coming up at the last meeting and stated he was requested to research the matter and determine whether this might result in a problem with the provisions of Section 166.021, Home Rule Act. He obtained an Attorney General's opinion dated May 13, 1975, considering a proposed amendment to the Civil Service Act. The opinion is in broad language and includes a definition that anything conferred on municipal employees by the charter or special act which is legally enforcable. Mr. deLong replied that he was not talking about the Civil Service Board, but the right of the City Council to amend and that is definitely granted in the Home Rule Act. We have given duties to the Personnel Director and City Manager and we should have the same opportunity to perform those same functions. Mr. Vance clarified that the Attorney General's opinion is just an opinion and is not law. However, the opinion does exist and gives a broad definition of the rights of municipal employees. He suggests this proposed amendment be submitted for an Attor- ney General's opinion to determine if it would be proper without referendum. Mr. deLong moved to adopt this particular amendment and at the same time have the City Attorney forward a copy of this parti- cular request verbatim to the Attorney General to find out whether it is legal or not legal. Mr. Vance suggested that it would be appropriate to put the proposed amendment in ordinance form. Also, it might be better to send a request, to be sub- mitted to the City Council for approval first, prior to the adoption of the amendment. Mr. deLong referred to sending a copy of his memo and Mr. Vance explained that the applicable sections should be cited. There was further discussion re- garding the approach to be used. Mr. Harmening asked if there was an Attorney General's opinion letting us do what we want and Mr. Vance replied negatively and added this is a fairly new statute. Mr. deLong explained how he couldn't underStand how the Attorney General could interpret the wording in this particular chapter any other way than the way it is written. He then read the section. He added this act was specifically drafted to permit people to amend their charters by ordinance because most charters were drafted in 1947 and are outdated, conflicting, etc. Mr. Vance read the opinion again and pointed out that it specifi- cally relates to this section. -22- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 Mr. deLong clarified that all he is asking for is the right to amend the rules and regulations. We want written notice why people are jumped over and this will not be an issue at Council meetings, but will be for our own personal information. Mr. Vance replied that the resolution requires concurrence by the City Council and the only way to concur would be at a meeting. Mr. deLong clarified that we only want to be advised and have all the information. We have been elected to guide the destiny of the City and must have a system of checks and balances. Mr. Vance agreed this is what he suggested, but what was submitted requires City Council concurrence and the only way the City Council can concur is by taking action at an open meeting. Mr. deLong clarified that the system of three should not be disturbed, but he is asking that we have the right to be ap- prised of why people are being jumped over in different depart- menns. He explained why he was concerned with the present system. Mr. Vance stated if only a written report was desired, the Council should reconsider the adoption of Resolution No. 80-L and should delete the sentence from the ~mendment stating: "If City Council concurs with these circumstances as submitted by the appointing authority, the Personnel Director shall certify the name of the next highest on the list to the Department Head." Mr. deLong clarified that his request was onlY simply that we receive the reason why someone was passed over. Mr. Vance agreed this is valid, but he wanted to bring to their atten- tion the Attorney General's opinion. Mr. deLong clarified that concurrence by the City Council wasn't necessary, but he just wanted notification. Mr. Vance suggested there be a motion to reconsider Resolution No. 80-L and that it be re-adopted with the deletion of the sentence which he read or official City Council action will be required every time a man is passed over. Mr. Cheney clarified that two things were before the City Council. One is to have the City Council suggest changes and he agrees the City Council should have that right. The other is a separate item which should be addressed sepa- rately. After discussion, Mr. Trauger moved to instruct the City Attor- ney to prepare the appropriate ordinance including the statement made in Councilman deLong's proposal. Mr. deLong seconded the motion. Mayor Riscoe clarified that it had been moved and seconded to instruct the City Attorney to draw up an ordinance to add under B: and may also be amended by City Council ini- tiative. No discussion. Motion carried 5-0, -23- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 Mr. Vance referred to the language in Resolution No. 80-L re- garding City Council concurrence and Mr. deLong stated that whoever brought this into this was entirely wrong. He never said the City Council had to concur. Mr. Vance stated if the City Council desires to reconsider this resolution, it can be changed with a simple amendment by deleting the beginning of the last sentence on Page 2 and add a written report would be required to be furnished to the City Council, but no formal action required. Mr. Trauger moved to reconsider Resolution No. 80-L~ seconded by Mr. deLong. Motion carried 5-0. Mr. deLong moved to delete from Resolution No. 80-L: "If City Council concurs with these circumstances as submitted by the appointing authority'~ and just have it read: "The Personnel Director then shall certify the name of the next highest on the list to the Department Head.'~ Mr. Trauger seconded the motion. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Mayor Riscoe - Aye Councilman Strnad - Aye Councilman T~auger - Aye Councilman deLong - Aye Vice Mayor Harmening - Yes Motion carried 5-0. Status of the Tree Ordinance Mr. deLong referred to a lot of land being cleared and questioned the status of the proposed Tree Ordinance and Mr. Vance replied they are in the process of drafting the ordinance with the proper legal terms and expect to have it prepared within the next couple weeks. OLD BUSINESS Discussion of Community Relation Board Objectives (Tabled) Mr. deLong moved to take this from the table, seconded by Mr. Trauger. Motion carried 5-0. Mr. Trauger moved that the City Council concur with the provi- sions as to the functions of the Community Relations Board as submitted in their memo to the City Council dated April 10, 1980, and furnish a copy of this motion to the Community Rela- tions Board. Mr. deLong seconded the motion. No discussion. Motion carried 5-0. -24- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6f 1980 Action Relative to Beach Consultant Selection Mr. Cheney referred to the Council making a decision to proceed with one of the consultants after conducting interviews and stated this firm chosen, Edward D. Stone, Jr. & Associates, should be confirmed. Mr. Harmening moved to authorize the City Manager and Recrea- tion Director to negotiate with Edward D. Stone, Jr. & Asso- ciates, regarding the beach renovation work, seconded by Mr. deLong. No discussion. Motion carried 5-0. Mr. deLong suggested that he be authorized in conjunction with the City Manager to work in cooperation with the City Manager of Ocean Ridge to find out where we stand insofar as making these improvements. Mr. Trauger questioned the purpose for this and Mr. deLong replied that we have to get their approval and he thinks we should see what we can do in getting them to go along with it. Mr. Trauger suggested having the plan first and Mr. deLong replied that before getting too deep with the consult- ants, it would be better to see what the feelings of Ocean Ridge are. Mr. Trauger moved that the City Manager be instructed with Councilman deLong to consult with Ocean Ridge regarding our beach improvements, seconded by Mr. Harmening. Under discus- sion, Mr. deLong added that he believes the City Manager will agree this can be worked out. Motion carried 5-0. NEW BUSINESS Crime Prevention Trailer - LEAA Grant Mr. Cheney referred to submitting a proposal for a small LEAA grant between Boca Ratonf Delray Beach and Boynton Beach with our contribution to be $133 for a trailer to be used on an exchange basis between the three cities. He explained how it was felt this would be informational for the people. Mr. deLong moved to approve this grant, instruct the City Manager to pay our fair share and execute the Interlocal Agreement. Mr. Harmening seconded the motion. No discussion. Motion carried 5-0. Sanitation Rate Revision Mr. Cheney submitted a proposal for rate increases for sanita- tion. He added when we adopted the budget last August, we adopted it with the understanding we would increase rates some- time during the year. The proposal submitted ~dresses both the residential and commercial rates. A lot of background material was submitted which can be read by the Council, but he recom- mends the Council approve an increase in the sanitation rates as follows: -25- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 1. Residential rate increase from $3.00 to $4.00 per month. 2. Commercial rate adjustment depending on the size of the con- tainer and the frequency of pickup. (See Exhibit 3, Sec. B) 3. Rates as recommended will include an amount to amortize the replacement of vehicles and dumpster containers. 4. Rates Will include all operating and maintenance costs of all capital equipment. 5. Rates will continue to include present biweekly trash col- lection services and current special collection services for moving, etc. 6. Commercial rate will be made up of five parts: a. Container rental charge - Will be placed in a reserve and used to replace containers - the rate for this varies by the size of the container. b. Disposal charge - A fixed charge per cubic yard based on County charges. c. Operational charge - Fixed charge per pickup regardless of size of container. d. Capital equipment rental charge - Fixed charge per pickup to cover total capital cost of vehicles. e. Overhead - A charge per cubic yard. 7. The proposed adjustment is expected to produce an increase of $85,000 in revenue in the last four months of fiscal year 1980. 8. An alternative procedure for commercial charge could be a flat rate of $2.25 per cubic yard instead of the present $1.50 per cubic yard. This procedure is not recommended for it does not best address commercial pickup costs in regard to the variety of sizes of containers. He added that attached to the material is a lot of analysis how this was arrived at. Most of the information was prepared after conversations with MICA. There was no question to raise the rates, but to what level. The basis of the rate should include the cost as well as replacement costs for equipment. Mr. deLong asked if there is immediate need for action and Mr. Cheney replied that he proposes to have an ordinance prepared for firs% reading at the next meeting. Mr. deLong moved to lay this on the table until we have had the chance to digest it thoroughly and go ahead with preparing the necessary ordinance, seconded by Mr. Trauger. Under discus- sion, Mr. Harmening commented that in this proposal, the commer- cial rate is more equitable. He asked if the .household rates -26- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 included the amount for administration and mailing and Mr. Cheney replied negatively, but they should have. Motion carried 5-0. ADMINISTRATIVE Water & Sewer Connection - Gulfstream Professional Center (Tabled) Mr. Cheney recommended this be left on the table. Mr. deLong moved to leave this on the table, seconded by Mr. Harmening. Motion carried 5-0. New Postal Facility in Boynton Beach Area, Submitted by Postmaster Richard A. Monahan Mr. Cheney read the attached letter dated April 14, 1980 from the Post Office. In addition, he replied to this indicating we would discuss this and also questioned the use of the existing facility. He then read the attached letter dated April 24, 1980, from the Postmaster in reply. Mr. Cheney clarified that the main thing the Postmaster is asking is if the plans for location and size of the building meet with the approval of the City Council. Mr. deLong stated he would like to emphasize the provisions for parking for customers. Mr. Cheney replied that one would hope on a 120,000 sq. ft. site with a 15,000 sq. ft. building that there would be plenty of room for parking. Mr. deLong referred to the amount of post office vehicles and Mr. Cheney clarified that their request was when responding to make a strong point regarding public parking. Mr. Trauger asked if the plans would have to go through site plan approval and Mr. Cheney informed him the general location being considered is between Congress Avenue and Military Trail. Expressions were given in favor of having it lOcated in the City. Mr. deLong then referred to the use of the existing facility and Mr. Cheney suggested we could urge them to keep the existing facility as a box facility with retail services for the general downtown area. Mr. deLong suggested incorporating these recommendations into a resolution to be forwarded to Congressman Mica as we will not get any satisfaction from the Post Master. Mr. Cheney replied that he will have a resolution prepared for the next meeting. Mr. Trauger moved to instruct the City Manager to do this, seconded by Mr. deLong. No discussion. Motion carried 5-0. MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 Request for Placement of Attended Collection Center - Goodwill Industries Mr. C. Robert Rothwell came before the Council. Mr. Trauger asked if a site had been decided for this trailer and Mr. Rothwell replied negatively, but they have been advised of sites not to locate at by Mr. Howell. They are trying to get a place at the Leisureville Shopping Center. Mr. Harmening moved to authorize the placement of this trailer within the City at a designation agreed to by Mr. Rothwell and the City Manager. Mr. deLong seconded the motion. No discus- sion. Motion carried 5-0. Action Concerning County Comprehensive Plan Mr. Cheney referred to the County having a hearing on the com- prehensive plan on Thursday and stated a brief report was sub- mitted by Mr. Annunziato of some of the points we may want to present or we can wait and see what they do. Mr. Harmening asked if there were any specific objections and Mr. Cheney read the following recommended by Mr. Annunziato: Land Use Plan Element: That the area described in Area 16, Commercial (13) be corrected to read the land to the north of L.W.D.D. ~18 instead of south of L.W.D.D. #18 as this is in the City of Boynton Beach; That the change described in Area 16, Industrial (1), which provides for industrial development along Boynton Road west of Congress be objected to unless the county zoning regulations are amended by the adoption of Planned Industrial Development District (PID) and that no industrial development be permitted in this area unless it would be in a P.I.D. of sufficient size. Intergovernmental Coordination Element: That Palm Beach County notify the City Manager of the City of Boynton Beach of all applications for zoning changes~ special exceptions, subdivision approvals or similar development applications being applied for within or contiQuous to the reserve annexation and/or service areas; That the responsibility for and procedures necessary to determine the availability of services be expanded upon in the Comprehensive Plan to include duration of apprO- vals, plant capacity changes and the like~ and, -28- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 That the County Commission adopt as a comprehensive plan policy, their intent that a land owner developing a tract of land for urban purposes annex to the appro- priate full-service municipality when possible consis- tent with the Florida Statutes. Mr. Cheney added that it is suggested it may be the time where the County should have urban services and take that position and give approvals or no approvals with the understanding urban ser- vices are provided by the cities. We also should be involved in the issue of annexation. The County must face where they are going to put in utilities and provide service. Mr. deLong suggested that Mr. Annunziato and Mr. Cheney attend this meeting and Mr. Harmening agreed. ~r. Harmening requested that a report be given to the Council after the meeting and Mr. Cheney told about Mr. Annunziato's reception at a recent County meeting in regards to the rezoning of the Grimes property. Mr. Harmening suggested this be pursued at the hearing scheduled and depending on the action, we can send a resolution. Mayor Riscoe requested the City Manager to proceed with this direc- tive. Turning Lane, Requested by Councilman Joe deLong Mr. deLong requested the City Council to instruct the City Manager to contact Mr. Stephen Doilney, 2424 North Federal Highway, regarding a turning lane at the Inlet Harbor Club. According to Ordinance No. 73-26, the owners would have to pay for this and he understands they are willing because they feel it is necessary. Mr, deLona moved to instruct the City Manager to get in touch with Mr. ~tephen Doilney and see what can be worked out, seconded by Mr. Trauger. No discussion. Motion carried 5-0. Remarks for the Public RecOrd by Councilman deLong Mr. deLong announced that he wanted to insert in the public record some of the ludicrous remarks by people who should know better. He then read the following from the minutes of the Boynton Beach Housing Authority meeting of April 22: "The Chairman said: The administrative arm of the community is letting this thing down because anybody that hides behind a technicality by saying the Board of Adjustment is a power unto itself and they make the determinations, legally this may be true, but the Council has a greater power than the legal power and that is one of convincing the Board of Adjustment that this is a tremendous need. The Council can still exert their influence on the Board of Adjustment. Mr. Wright of the Con- cerned Citizens agreed and the Council could be helpful and could deal individually with members they have appointed to the Board of Adjustment." -29- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 Mr. deLong continued that related to that, he would like the public record to contain the'following reply: "To follow this illegal advice is a quick way to be removed from public office, fined or sentenced to jail for coercion of and tampering with the functions of an appointed City Board. It was encouraging to find that every member of the City Council refused to be baited and kept their cool in what appeared as a preconceived attempt to engage them in an unlawful act. The Chairman of the Boynton Beach Housing Authority, in my opinion, displayed an utter lack of responsibility by pushing the panic button before exhausting all available methods of relief." Mr. Harmening moved to send this extract from the minutes to the Boynton Beach Housing Authority, seconded by Mr. deLong. No discussion. Motion carried 5-0. Consider Alternative for Selection of Consultant for Community Development Project in Tarqet Area Mr. Cheney informed the Council that since September 1979, when the Council interviewed a number of proposed consultants for a consultant overview of activities and direction in the Community Development Neighborhood Strategy Area, the staff and Community Development representatives have been attempting to come to agreement on a consulting contract including a scope of services and a price with the firm of CH2 M Hill for carrying out the contemplated work. There has been much discussion and many meetings concerning the details of the scope of services fol- lowed by concerns about the proposed price for the scope of services as put forth by the consultant. Submitted is a letter from the County Community Development Office concerning this matter. The county has concluded that it cannot justify pro- ceeding with a contract as outlined in the area of $45,000 to $50,000, and the consultant has indicated that he cannot carry out the work that he believes he has been asked to do for an amount of money less than that. Therefore, as can be seen from the letter dated April 23, 1980, from John Green, the City is in a position to do one of the following: Proceed with negotiations with a firm to be selected by the City from the area consultant selection process, negotiate a proposal to be approved by the County, and if approved, enter into a contra.ct, with consideration for any of the names on the list of firms that have been interviewed by the City staff with no restrictions as to whether or not a firm has an office in Palm Beach County; or -30- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 The City could request Community Development to accept a selection and negotiation responsibility, use the County's consultant hiring process, participate with the County in preparing and approving a consultant, scope of services, contract price, and workina closely with the consultant and the County throughout the course of the study. In this case, John Green has assured the City that it would continue in a close coordination and working relationship with the County even though the contract was directly with the County. Mr. Cheney advised that they hoped along the way on a regular basis, a contract could be negotiated. There were some positive discussions at the beginning regarding the scope of work. The County felt the scope of work was too extensiv~ and CH2 M Hill felt they could not do it at a lesser price and it was not wise to allocate a lesser number of hours. In the process, CH2 M Hill has had some changes in personnel assigned to this area. We are at a point where there is no point pursuing this further. It is regretted that it has gone on so long with ending up in this sit- uation. We are at a point where we are not going to proceed with CH2 M Hill unless we spend our own money. The question is where do we proceed from here. One suggestion has been made by Mr. Annunziato that if the City is comfortable with the consultants who worked with the City on the comprehensive plan, we may con- sider negotiating a contract with them. These consultants seem to know a lot about the City and this direction might be valid. He didn't work with this firm, so has to rely on the judgment of the COuncil and Mr. Annunziato. If we are going to pursue this, we must move fast. Mr. Harmening referred to the communication from CH2 M Hill and Mr. Cheney replied that the Lake Worth work was primarily engi- neering and took a long time to work out a contract; however, ours is no% engineering. He thinks the County felt having worked it out on engineering on Lake Worth, they could work this project out but it has not produced. Mr. Harmening com- mented that we could go to Gee & Jenson or go into competitive negotiations. Mr. Cheney requested comments from Mr. Annunziato. Mr. Annunziato stated as he recalled, in review of Gee & Jenson, they didn't display a great deal of experience in this kind of function. What we are talking about is a specific study dealing with socio- economic, housing, etc. problems. Mr. Trauger referred to the consultants who prepared the compre- hensive plan and Mr. Annunziato replied this was Wallace, McHarg, Roberts & Todd and he thinks they are qualified. He explained they couldn't be considered originally because they did not have an office in Palm Beach County. -31- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 Mr. Harmening referred to going back to negotiations and Mr. Cheney replied that we had applications from about 13 firms and the staff review committee interviewed several firms and three firms met with the City Council. There are now questions about all three firms. Mr. Vance added that we must meet the requirements of the State Statute. Mr. Cheney added that the County may have an easier process and he doesn't think we would have to re-advertise. Mr. Vance advised that Wallace, McHarg, Roberts & Todd may not be subject to the Competitive Negotia- tions Act since it is not an engineering firm and we may be able to negotiate with them directly without the bidding process. Mr. Annunziato suggested that the City possibly do some exploratory work and Mr. Cheney add~ the possibility of this planning firm should be explored. Mr. Vance added that a conclusion could be reached before the next meeting. Consider Towing Service Contract - One Year Extension Mr. Trauger referred to the information presented by the City Manager and Police Department and recommended extending the towing service contract for one year, seconded by Mr. deLong. Under discussion, Mayor Riscoe asked if all the papers are in order and Mr. Cheney replied affirmatively and it is just a matter of extending the contract. He added that there have been no problems. Motion carried 5-0. Grant License Regarding Use of Public'Alley - Request of Paul young - s. E. 3rd Street Mr. Cheney referred to Mr. Young requesting abandonment of this public alley some time ago, which is located between his land and the railroad and advised that he looked into the deed and it indicates when the City gives up its interest in that piece of land, it will revert to the heirs and assignees of the ori- ginal givers and there is no way of finding this out. If we give up the land, we do not know who the owners are. He dis- cussed this with the City Attorney and he proposed a solution. Mr. Vance advised that he was familiar with this situation from the period of time he was the City Attorney for West Palm Beach. They adopted a revocable license approach which has worked well. He has submitted a copy of their form and suggests that Boynton Beach use that approach. It does require a sub- stantial amount of insurance from the licensee. Mr. deLong moved to pursue this recommendation of the City Attorney in this particular matter and forward Mr. Young a copy of what the intentions are, seconded by Mr. Trauger. Under discussion, Mr, Trauger Questioned the ramifications of the insurance and Mr. Vance explained that liability insurance must be maintained by the licensee and read the requirement. Motion carried 5-0. -32- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 Resignation of Housing Authority Members Mr. deLong moved to delete this item since the members have retracted their resignations, seconded by Mr. Trauger. No discussion. Motion carried 5-0. Request to Place Construction Office Trailer on Site of High Ridge Country Club, Submitted by C. E. Barfs, Project Manager Ginn Const. Mr. deLong moved that this request be granted, seconded by Mr. Harmening. No discussion. Motion carried 5-0. Request for Zoning Approval on Beverage Application - Boynton Beach Stores, Inc. dba The Pantry, 206 S. Federal Highway Mr. deLong moved to grant this since everything is found to be in order, seconded by Mr. Harmenina. No discussion. Motion carried 5-0. Six Month Budget Review Mr. Cheney informed the Council in order to exercise prudent budget control and review, we have undertaken a detailed line item budget review and concluded that the current estimates show that: 1. The budget for 1980 will end in balance with a slight surplus. 2. The end of year surplus will be the smallest in a long time. 3. Several departments will have their budget limits reduced. 4. Income will be less than budgeted. Increase in rates must be implemented as planned at the time of budget adoption in: a. Sanitation Rates b. Water Rates c. Sewer Rates 6. This budget review process was carried out with the assis- tance and.involvement of each department under the direc- tion of our Finance Director and the Finance Department staff. General Fund 1. Revenue Projections - Estimated revenue projections will be $100,000 less than budgeted assu/ning an increase in sanitation rates that will produce an increase of $75,000 over the last four months of 1980. 2. Estimated expenditure projections show $120,000 level less than budgeted. -33- MINUTES - CITY COUNCIL MEETING BOYNT©N BEACH, FLORIDA M3_Y 6, 1980 3. The estimated year end surplus at this time is $20,000, must less than the $500,000 surplus at the end of 1979 fiscal year. 4. The 1981 Fiscal Year Budget will have to absorb a major impact of a reduction in annual end of-year surplus, inflation, and past level tax rates. 5. Summary of changes in income and expenditures that will be in effect for the rest of the year are listed on the report submitted with revenues and expenditures itemized. 6. Other than the following budget transfer for properly allocating the 1980 approved cost of living adjustment, there is no need for Council approval of budget adjust- ments at this time. If and when such action becomes necessary during the next few months, and ~it is pre- dicted that it will, appropriate adjustments will be recommended. 7. Recommendations for sanitary rate increases are made in a separate report. Utility Fund 1. At the time the current budget was adopted, the Utility Fund Budget assumed an increase in rates of $169,560 for the water-rate, and $213,693 for the sewer rate. A specific recommendation on rate increases has not yet been recommended. 2. An increase in the sewer rate depends on receiving final approval or direction from EPA on the approved method for establishing sewer rates, ie. fixture count or water flow. A recent letter from EPA appears to suggest that water flow will be the approved basis. Russell & Axon is requesting a clarification of this letter and rate adjustment recommendations will be made as soon as possible after verification. As soon as EPA clarification on rates can be obtained, a rate increase will be necessary in order to maintain the minimum required bond coverage (at least $120,000) as well as to aim at reaching a balanced budget along with recommended depreciation reserves. A summary of Utility Fund expenditure estimates is listed. Expenditures over budget in the Utility Funds can be accounted for in the following categories: electricity, pair~ing the south water tank, supplies - sewer main re- pairs. m -34- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 Mr. Cheney continued that he doesn't know when we will get an answer from EPA. The letter received is confusing and doesn't say what we have to do. He would like EPA to say which way we have to go. We will begin to study the sewer and water rate increases, particularly the sewer rate increases.. In general, the budget situation for the coming year is tight, but we are balanced. We don't have a great amount of money. There will Still be $20,000 surplus and $28,000 in contingency. The Council may want to study this further. Mr. Trauger referred to the revenue projections from this year and the year before and asked if we over-eStimated our revenue on this budget and the previous budget and in what section is this short and Mr. Cheney pointed out'that Page 2 of his report indicated the shortages. ~ Budget Transfer Request Mr. Cheney informed the Council this is a procedurial transfer which has been approved, but the funds were not transferred. Mr. Trauger moved approval of the budget transfer as requested on the Finance Department's statement of March 13, 1980. Mr. deLong seconded the motion. No discussion. Motion carried 5-0. Approval of Bills Mr. Cheney read the following bills for approval: City of Delray Beach $ Portion due City of Delray for first 11 days Pay from Water & Sewer Rev. Fund 401-353-535-40-9I Jones Equipment Company For 1 F x 8 Fingerprint Comparator Pay from General Fund 001-211-521-60-42 1,935.48 1,319.92 U. S. FOUndry & Mfg. Corp~ (U.S. Precast Corp.) 60 Traffic Manhole covers and rings Pay from Water & Sewer Rev. Fund 401-000-208-01-00 Per bid of 4/8/80, Council approved 4/15/80. Publix M'ar'ket Meals for needy & infirmed Pay from Federal Revenue Sharing 320-641-564-40-5A Ordinance #73-15~ passed 5/15/73 Paul N. HOward Co., Est. #13 Force Mains Pay from Utility General Fund 401-000-169-11-00 75% Re-imbursable from EPA Grant Contract dated 4/3/79 6,009.00 78.59 93,747.34 -35- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~AY 6, 1980 Rubin Construction Co. Asphaltic concrete Type 2 & Hot Mix for Street Department Pay from General Fund 001-411-541-40-3A 1,542.84 e I.B.M. Corp. Rental on computer for April Pay from General Fund 001-133-513-40-21 3,289.00 Allied Chlorine Corp. For 9 Tons (1 Ton Cylinders) Chlorine Pay from Water & Sewer Rev. Fund 401-332-533-30-63 2,049.75 Board of County Commissioners Use of County Landfill for March Pay from Budgeted Funds 001-341-534-40-9A 11,248.00 10. 11. Isiah Andrews Driver for Senior Citizens Club - 3 weeks Pay from Fed. Rev. Sharing Fund 320-641-564-40-5A Ordinance #73-15, passed 5/15/73 Willie Ruth McGrady Server for Senior Citizens Club - 3 weeks Pay from Fed. Rev. Sharing Fund 320-641-564-40-5A Ordinance ~73-15, passed 5/15/73 Colt Industries Overhaul one chlorine scale & field overhaul of 2 dial heads damaged by chlorine leak Pay from Overpayment Acct. 401-000-115-31-00 Has been turned over to Insurance Agency and may be re-imbursable 165.00 144.00 1,270.30 13. 14, Aqua-Chem Company, Inc. Pebble lime for Water Treatment Plant Pay from Water & Sewer Rev. Fund 401-332-533-30-65 O. M. Scott & Sons Company Various kinds of fertilizer Pay from budgeted funds 001-722-572-30-61 Council approved 2/5/80 6~996.59 2,669.53 15. Nalco Chemical Company Chemicals for Water Plant Pay from budgeted funds 401-332-533-30-65 2,100.12 16. Ernst & Whinney Examination of financial statements for year end 9/30/79 - Pay from various funds 3,143.48 MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 17. 18. 19. 20. R. J. Sullivan Corp. Partial Payment #2 for Pump & Discharge Pipe Contract - Mango Heights Drainage Pay from General Fund 001-411-541-60-5C J. P. Electrical Contractors For Sara Sims Park Community Dev. Block Grant 001-000-115-87-00 Re-imbursable from Palm Beach County John P. Niebel For Sara Sims Park Restroom Bldg. - First & Final Payment Community Dev. Block Grant 001-000-115-87-00 Re-imbursable from Palm Beach County Russell & Axon Professional service~ on various projects To be paid from following accounts: 401-000-169-01-0q 3,749.36 401-000-169-02-0Q 4,508.91 401-000-169-11-0Q 7,649.62 401-000-220-63-00 2,525.53 Mr. deLong moved approval from Ernst & Whinney in t~ tion of the City Manager Mr. Harmening seconded th, ried 5-0. Request to Solicit Funds 21,915.00 Mr. Cheney referred to thc submitting an application they requested the dates t Trauger moved to approve, sion. Motion carried 5-0. ADJOURNMENT Mr. deLong moved to adjour~ carried 5-0 and the meetin, 2,700.00 18,666.00 18~433.42 Df these bills, not including the bill e amount of $2,450, on the recommenda- nd certified by the Finance Director. motion. No discussion. Motion car- Concerned Citizens Votors League for a permit to solicit and advised ~ be changed to May 7 thru 10. Mr. ~econded by Mr. deLong. No discus- , seconded by Mr. Harmening. Motion was properly adjourned at 11:30 P.M. -37- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1980 CITY OF BOYNTON BEACH, FLORIDA ATTEST: Mayor ~~-~ ~~~~e Mayor Cou~~n' Clerk ecording~Secretar~ (Four Tapes) -38- April 23rd, 1980 Hon. ~ Betty RiscOe, · city of BbYnton Beach 2nd Avenue , FloridaJ by'deleting Area 16 from the- Land Use Element un~_m the ~,egu!atory ~'aud do all throngs necessary to effect' such deletion. ~onse-'and~reaction to' the said comprehensive pite.,.of SectiOn.163.3181 of the Local Government Comprehensive 'Act of 1975, which States the intent, o£ the Legislature that the i."-public participate in:the comprehensiv~ plarnming process to the fullest ' ~extent'pos~sible",. no r~Sident ~,ithin 400"feet o£ ~J~e said ~ea 16 was' notified. ~' The said .~eCtion 163.3181 further ,"directed the local plannin~ agencies, end' governmental units to 'adopt procedures designed ta provide effeotive participation'in the comprehensive p~enning.process ~ud to provide real erty owners' with. nbtice)of[all "official .actions which ~ilt re~u!ate the ' . use of their p~operty"~[.- . , .' . '~.'proper~y owners within /,00 leer'of the said ;~ea 16' under the Ls~ud 'E!em~nt'"of"the' plan' e~n~ 'the m~j°rity of the .other Leisurevilt~ residents were .first ,apprised of the rezoming by.the Tu,es~ay~ April 8th, 1980 isa~ue of the ..S~N~S~NTiNP~' wherein the 'City Clerk advertised ~ Notice of Zoning .a~Y£~ctin& )6 areas~ of land,.., Nouhere in :.the,-publication did it clearly or properly identimfy~ ' is a of a pro telZ:l.S acres o ded 'Canal :on the North; /~he E~ NSrth/South Canal on therapist; S. W.. !Sth Avenue (also known-as ~$oo!bright,Road) on the South; and an imoroved parcel :(L~iSureVille Center) On the ~-~est~ ,' %~e justification f~r the rezoning is tO .' implement the adopted comprehensive plan. .' In'the Land Use F~ement Of the plan~. 'that portion id~atified as "/urea 16'~, . office ~d professional use development was recommended for said parcel because . "its location, adjacent to future multi-family residential and co~m~ercial develo~aent and with. arterial street frontage makes Single-family residential inapproprmate . ~nat "~krea 16" also is adjacent to existing developr~,ent ' " -. singie-faz~ily homes was_conveniently omitted'. The previous zoning for said parcel was it-lAA which we desire. . - . ,.~ _... (continued) Hon, Betty itiscoe, ~;~yor Boynton Beach -2- Although the land use reco~endati0n of ~brea 16 in the comprehensive plan was limited ~to offide and professional commercial use, the rezoning notice in the Sun-Sentinel proposes to downgrade, it to C-1 We - be!isys, that the proposed rezoning C-! is' contrary to the recommendation .. set forth-in the Comprehensive plan, "~. ~e'. ~e. vehement opoos~t~on ~o the ' ' ' :'~Lr' . · . ~ recommendation, in t~ f~iture land use **'or .:~ ea. 16; Firstly~ we .believe. that :~land use. Polic 'set fo ' the samd recommendation is contrary to the ~ rth ~n' the- ls~u und P - ..~'"..w ..~ ~ ~ .~ . P ..er ~ragraph t. -..: hieh reads a~ follows. "1 . ~ .......... ~ .... - - Dio~,~s~ ~ne expansion ~!-' st~p-cormuerCial . _ The ZoninE.' of~/LeiSureville Center p~operty to C-3 was made-prdor ..to the. habitation o£. the Leisureville residents along-S. *~. 14th Avenue. The . Tzoning: Or rezoning t01. C-3 of such property wo~ld not have occurred if the experience of our residents along the. 'L-26 - . across the..shopping center is one of frustration ~ud indignation lq.c. S4l planning smd governmental bodies lack~d the vis, on and , ght .in permitting this. blight on o~r community. By rezoninE the p~rcel 'i.i '(~ea .I6)'to C-l,. you}haVe enlarged the blighted area and increased our :;,'f..:.~atzon..;and ;~d*E~±on., . S:~nce whe~ does .two wro. ng~ 'make , riEht~ /.~ar.ou~gh. the~use of the ".Comprehensive. ~lao? technique,, y~u h~ve ' ~e~rived .: resiaen~s o, Our city Zoning regUlationS-dealing-with our_ quirements,."~iNothing, in.~he aforesaid s~t~mte lams precluded the :and g°vernm~tai b°di~s froml invoking t:~ local, no~icatio~. ~ w~:i~feel meets the requirements and intent of S~tiem !6~,3!8I ? .::the Florida Statutss (1979), We demand that the City Council. de ever~ytking in' its:iPower to correct this injustice simce, the rights ~f ou~ re~dent~ have been.diminished without adequate notification, which is m Cons~tuT~ion~% right~ suit"that--this, request' be placed o~ the a~e~da fo~ the : of. the' city C°U~cil 'SCheduled for TUesday, ~-~y 6th, 1980, " CC: l¥~ssrs, Har~ening, Vice l'-~yor De Long~ Council Member '~ Strnad~ Co~uucil. ~mber - 'Thompson,~ Ch~~ P!~ng & Zo~ng Bo~d ~i~to~' City Pl~ Bo~d of Directors ' ( ~ oeach ~ms~evm~e :Comity Assn,, Inc,) OUR REF: ' - ~JECT: TO: UNITED STATES POST OFFICE Boynton Beach,' FL 33435 300: P~4:ppg New Post~ql Facility - BoYnton Beach, FL Honorable Betty Riscoe M~nor', Ci%y of Boynton Beach P. O. 'Box 35'0 Boynton Beach, .FL 33435 April 14, 1980 The Pos%al ~rv~ce is conducting a study to constr~ct a 'new Po.s~l facility in the Boyn~on Beach azeao The survey indicates a facility containing, approx~r~tely 15,000 square feet of net interior'is needed on a kite of 120,000 feet. The facility ~Duld 'be located in an area bo~ on north by. Boynton Canal~ 'on the south 'by Canal 25, o~ ~he eas~;z by' . Congress Avenue and on the west by Mi~tit~m~ ~£ail. ~he pe~k complen~nt ~D~ld .be 53 employees. The building's desi~ would be compatLble wi~h s,~crounding struct'~res~ If this prelim~ plan meets wi~h yo-~r approval, please ' by ret~n letter. If.you"have any- questions do r~ot'hesi~te_~ Very truly C TY of ,BOYNTON BEACH .- P.O. I~OX 310 12;0 N.E. 2ND AVENUE BOYNTON EIEACFI, FLORIDA 33435 {305) 732-8'!1! Off~ce of the C~y Manager APril 21,-1980 r Mr. Richard A. Monahan, Postmastem -United States Post Office ' Boynton Beach, Florida' 33435 ~ Re: New-Postal F~ciiityr Boynton BeaCh, Flori~ Dear Mr.' Monahan: -" .- ~ . Mayor Riscoe has asked me'to"Write you im response letter of April 14t 1980.concernihg'a new postal facilit~- in Boynton Beach~ Florida. She requested that I indicate to you that your letter %~i!1 be reviewed by the-~yor City Council at their next regula~ meetin~ on M~y 6, 1980,_ and that at that time indicate their ~esponse to the'pre~ liminary plan outlined in your letter. I would appreciate it if you w-outd give ~e some in~cation as to'whether or not the postal service plans to keep. tEe existing facility 'in Operation af~er'constzltCtio~ of the new one that is.proposed. .. CITY- OF BOYNTOz~I BEACH Peter L. Chenelr City Manager PLC:mh CC: Honorable Mayor and City Council BOY~ON B~CH, FLORiD~ 554:: TO: F~. Peter L, Cheney City ~unager City of Bosu~ton Beach P.O. ~% 310 Bo~n Beach, ~ 33435 De~r T,Zro Cheney: ~uank you for acknowledg~_ng my letter and advisLug me ~ha~ the F~yor and C~ty Council will'review our prelLminary prooosa! at their next meeting on M~v 6,1980° In response to you_r ~uqui~-conce~ning fu~e: use of the existing facility, our. prel~ua~y plan is. to contLuue using ~he~b or unit; however, the present £aci!itYldingis leased mud its availability after the lease expires will on %Chat a~rangements may be made with the owner. Vez"y tl~ly yo~s, P~cha~d A. Postmaster