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Minutes 02-17-87PRESENT MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, FEBRUARY 17, 1987 AT 7:30 P.M. Nick CasSandra, Mayor Carl Zimmerman, Vice Mayor Ezell Hester, Councilman Ralph Marchese, Councilman Dee Zibelli, Councilwoman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond Rea, City Attorney Mayor Cassandra called the meeting to order at 7:31 P.M. A Scripture reading was given by Edward Cook,.~ First Church of Christ Scientist, and was followed by the Pledge of Allegiance to the Flag, led by Vice Mayor Zimmerman. ~ AGENDA APPROVAL City Manager Cheney wished to add under "VIII. LEGAL, D. Other" discussion of the procedure for selecting an attorney for the Codes Enforcement Board. City Manager Cheney also wished to delete item 6 from "CONSENT AGENDA, B. Bids" and item C from "VII. DEVELOPMENT PLANS." Councilwoman Zibelli requested that item K be removed from the "CONSENT AGENDA" for discussion. Vice Mayor Zimmerman wished to consider appeal of Judge Rudnick's Order of January 27, 1987, as the first item under "VIII. LEGAL, B. Ordinances - 1st Reading,'" ''citY'Attorney Rea asked that "VIII. LEGAL, B. ~' Ordinances - 1st Reading" and "D. Other", item 1, be discussed together since they both pertained to the Tradewinds issue. Mayor Cassandra noted that the two items would still have to be considered as separate items, even though they would be discussed at the same time. Councilman Hester moved that the agenda be approved as corrected. The motion, seconded by Councilman Marchese, carried 5-0. ANNOUNCEMENTS Mayor Cassandra read the following proclamations: 1. Poppy Days - February 20 and 21, 1987 Mrs. Jane Zimmerman, representing the American Legion Auxiliary, passed out poppies for the Council members to wear in honor of disabled veterans. Mayor Cassandra urged citizens to buy the poppies to help raise funds for disabled veterans and their families. - 1 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 2. Boynton G.A.L.A. - March 6, 1987 through March 8, 1987 CITY MANAGER'S REPORT Boynton G.A.L.A. City Manager Cheney reported 143 artists have been accepted in the G.A.L.A. and all available spaces have been filled. According to the Chamber of Commerce all of the business booths (over 60 of them) have been sold. City Manager Cheney explained some differences in the layout of this year's G.A.L.A. Campaign Signs City Manager Cheney stated that complaints have been received regarding location of campaign signs in the public right-of- way. City Manager Cheney said candidates had been notified and sent copies of the Code identifying proper placement of campaign signs. City Manager Cheney explained that one more letter would be sent; after that, whenever illegal signs are found, they will be removed by the City. If the candidate wants the sign back, he can pick it up at City Hall. Trash Pickups Beginning in March, City Manager Cheney reported, the City will stop taking trash and sanitation material to the Lantana landfill. The trash will be taken to the Delray Beach transfer station. City Manager Cheney noted the City Code prohibits pickup of yard clippings and branches longer than 4'; however, the City has not been following that rule, but rather has been picking up all trash. Once the City begins taking the trash to Delray Beach in March, they will no longer be able to pick up any trash materials longer than 5' to 6'. City Manager Cheney advised notification would be made to residents on their water bills, and violators would also be notified. City Manager Cheney said the City hopes to be able to offer the service of picking up truck loads of such materials, for an added cost, and taking the trash to the landfill. People cutting down entire trees may find it advantageous to have them removed by the City. Mayor Cassandra noted violators could be cited and fined by the Codes Enforcement Board, which could also be more expensive than paying for the City to remove the trash. - 2 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 Moving City Hall Employees Durinq Construction City Manager Cheney explained that, around June, offices (including the Personnel/Purchasing Department) and other activities will be moved out of City Hall and relocated. He said the reason for the move involved convenience and cost. If operations were to continue in City Hall, there would be the added cost of readjusting the electrical and air con- ditioning systems. Parking conditions would also be worse as additional construction equipment arrived. City Manager Cheney advised that time and cost of the contractor could also be saved by the relocation process. With relocation, the contractor would be able to build the addition and make inside renovations at the same time. City Manager Cheney reported that nine potential locations have been examined. Based on rental costs for 15-18 months, two locations have been chosen as the best possibilities. City Manager Cheney wished the City Council to examine the two locations: Pineland Plaza on Federal Highway and the Congress Center on Congress Avenue, north of Woolbright Road. There is 7,700 square feet of available space at Congress  enter and 7,300 square feet at Pineland Plaza; both have dequate parking. City Manager Cheney also hoped the Council could meet to interview two consultants for the housing study of the Comprehensive Plan. He wanted to discuss whether the Council preferred to visit the two buildings and interview the two applicants on the same evening or at different times. ~ity Manager Cheney suggested February 24 or 26 as possible dates to interview the housing consultants. Council members agreed on Tuesday, February 24, as their choice of dates for meeting with the consultants. City Manager Cheney said he would call the consultants to see if they could meet at that time. FOr the benefit of the audience, City Manager Cheney explained that the City was beginning the preparation of the required new Comprehensive Plan for the City. One element of the Plan deals with housing. It was decided to hire a consultant to do research analysis and assist the City with the housing element of the Plan. Five consultants have been interviewed, and two have been asked to meet with the City Council. One of those two will be selected to work with the City staff and the Planning and Zoning Board. Members decided to choose a separate date to view the two relocation sites at a later time. Councilwoman Zibelli - 3 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 asked if money had been included to finance the relocation. City Manager Cheney replied funds were included in the overall budget. He hoped enough money would be saved in construction cost by relocating to cover the expense of relocation. Report on City Control of Railroad Traffic City Manager Cheney had been asked to prepare a report on the ability of the City to control railroad traffic at crossings. He did not have the full report yet, but he knew there were provisions in the City Code for blocking a railroad crossing for more than 10 or 20 minutes, depending on whether one or two crossings were being blocked. Police Chief Hillery had informed City Manager Cheney that train engineers have been ticketed in the past for blocking crossings for too long. City Manager Cheney contacted DOT to find out if there are either DOT regulations or State statutes with provisions for trains stopping a certain distance from a crossing, if not engaged in a switching operation. DOT is to get back with City Manager Cheney on t~his matter. City Manager Cheney has also asked if a brakeman is required to be there during the switching process. He further inquired as to the maximum length of trains and if the maximum length is related in any way to situations where there are parallel tracks for the passing operation. City Manager Cheney said he wOuld continue to investigate the rules and the extent of the City's control, which he considered to be limited. In response to Councilwoman Zibelli's inquiry, Police Chief Hillery replied that the time limit for blocking a crossing is 10 minutes, if the train is engaged in the switching operation; they must notify Emergency Services if they will be there for a longer period of time. The City Manager's report was accepted as presented. PUBLIC AUDIENCE Mayor Cassandra announced that anyone wishing to speak on an item not on the agenda could do so now. He preferred that those wishing to speak fill out one of the forms in the back of the room; however, anyone not filling out a form would still be allowed to speak after those who filled out forms spoke. Anyone who wished to speak on an item on the agenda should fill out a form and wait to be called when that item came up. He emphasized that no one could speak during first reading of an Ordinance and must Wait until it comes before the Council for second reading. - 4 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 Atlantic High School Eaglettes Carole R. Shetler, Principal of Atlantic Community High School and a resident of 4290 Pine Cone Lane, wished to introduce the Atlantic Dance and Drill Team Eaglettes. She informed the Council that the Eaglettes have been Drill Team State Champions for 10 of the last 11 years. They recently won a first place in National competition in Los Angeles and a second place in International competition in Tokyo. Ms. Shetler introduced the Drill Team Director, Laura Comas, and some of the Parents' Booster Club members. She then asked the girls to stand for recognition. Ms. Shetler stated that performance and travel costs are high. She noted that $20,000 to $25,000 per year is needed, with expenses for major trips being an additional cost. Ms. Shetler reported that the girls are currently preparing for a trip to Washington, D.C. in March, and funds are needed for the trip. Ms. Shetler told of various ways the girls are raising the money, and then requested financial assistance from the City Council. She noted that the Tokyo trip had been financially draining and added that $5,000 to $6,000 of the amount needed for the Washington, D.C. trip was yet to be raised. Mayor Cassandra asked City Manager Cheney if any funds were available. City Manager Cheney reported that there was money reserved in a contingency fund for unexpected situations such as this. Councilman Hester moved to give $3,000 to the Atlantic High School Dance and Drill Team. The motion was seconded by Councilwoman Zibelli and carried 5-0. Election Campaign and Leisureville Joseph R. Molina, 811 S.W. 6th Avenue, stated that as the election of March 10, 1987 approaches, a great deal of attention has been given to the growth problem in the City. He commented that no one asks citizens of the City how they want the growth to be controlled. Mr. Molina implied that ~Leisureville residents are targeted during campaigns, then ignored after the elections. Mayor Cassandra asked Mr. Molina what point he was trying to make and warned against politicking. Mr. Molina read from an newspaper article quoting Councilwoman Zibelli as saying "Leisureville wants to stack the deck because of T~adewinds." Councilwoman Zibelli, objecting to Mr. Molina's remarks, said she did not believe the City Council meeting was a place for political rhetoric. Mr. Molina said he knew of· no other way to defend the lifestyle and home values of the residents of Leisureville. - 5 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 Mayor Cassandra interjected that the residents of Leisureville, as well as other City residents, have the ultimate power of control through the voting privilege. Mayor Cassandra said he understood Mr. Molina's concern, but repeated that the City Council was not the place for this type of discussion. Prisoners' Voting Rights Wilda Searcy, 402 N.E. 13th Avenue, asked if prisoners are allowed to vote in Florida. She had just been told that prisoners are not allowed to vote. Councilman Hester explained that convicted felons have their civil rights taken away and are not allowed to vote unless their rights have been restored. Councilman Hester did not think there was anything the City Council could do about it; it would have to be changed through the State legislature. Mrs. Searcy said she wanted the Council to investigate the issue. Mayor Cassandra answered that it was a legal matter and the City Attorney would provide her with an answer. Other Comments by Mrs. Searc¥ Mrs. Searcy also stated that she would like a response from Council members regarding the NAACP event in Boca Raton on February 28 to which she had invited them. Mrs. Searcy com- mented on pick up of trash, saying she hoped dumping could be stopped. Visions 2000 Victoria Johnson explained that she was supposed to have met with the Council at the February 3 meeting, but she had been unable to appear at that meeting. Ms. Johnson wished to explain a project called the Visions 2000 Committee. Last summer the Florida State Legislature passed a bill known as the Visions 2000 Act. The bill calls for the creation of citizens' committees in each of the Cities and/or Counties in Florida. The purpose of these committees is to bring together community members of various interests and have them systematically inventory, evaluate, and project the future needs of their community. A wide range of social and economic issues are specified. The committee is to represent the community in many different ways and should include business leaders, government leaders, and ordinary citizens. The final product of the Visions 2000 Committee is a written report dealing with at least 26 different issues. The research would probably take two years to complete. It is up to the local government to decide if the Visions 2000 program would be beneficial to them. The report would be very comprehensive, - 6 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 and would afford people the opportunity of venting their opinions in a constructive way. The Act also offers up to $50,000 in matching grants to cover Committee expenses. Ms. Johnson said the purpose of her presentation was to ask the City Council if they felt the Visions 2000 program would be beneficial to the City of Boynton Beach. Mayor Cassandra answered that City Manager Cheney had made some recommendations regarding this issue at the last meeting, and he advised that Ms. Johnson meet with City Manager Cheney and discuss his recommendations. Request for Help with Troubled Younqsters Doris Gibbons was concerned about young people in the north section of the City whose lives are being destroyed by drugs, alcohol, teenage pregnancy, and dropping out of school. Mrs. Gibbons invited the Council members to attend a meeting at Wilson Center on February 28 from 1:00 to 5:00 P.M. Mayor Cassandra commented that the date conflicts with several other events, but he hoped someone from the Council would be able to attend. THE PUBLIC AUDIENCE WAS CLOSED. CONSENT AGENDA A. Minutes Regular City Council Meeting Minutes of Febr~uary 3, 1987 Special City Council Meeting Minutes of February 11, 1987 Be Bids - Recommend Approval - Ail Expenditures are Approved in the 1986-87 Adopted Budget 30 Smith & Wesson Model 659 Auto Loading Pistols - Police Department - 30 Rogers SS3 Security Holster for Smith & Wesson 659 Pistol - 30 Safariland Model 976 Magazine Pouch The Tabulation Committee recommended awarding the bid to Lawmen's & Shooters Supply, Vero Beach, Florida, in the amount of $10,711.50. Joint Cooperative Bid - Fuel and Oil - Public Works (Boynton Beach - Delray Beach - Boca Raton - Lake Worth - Broward County School Board) - 7 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 The Purchasing Department recommended going along with the Cooperative Purchasing Council of Palm Beach County's awarding of the bid to Chevron, U.S.A., Inc., Atlanta, Georgia, for fuel via transport, and to Nanas Petroleum, Inc., Pahokee, Florida, for fuel via tankwagon. Joint Cooperative Bid - Liquid Chlorine - Public Works (Boynton Beach - Boca Raton - South Central Regional Wastewater Treatment & Disposal Board - Belle Glade - Deerfield Beach - Delray Beach - Acme Improvement District - Tamarac) The Purchasing Department recommended going along with the Cooperative Purchasing Council of Palm Beach County's awarding of the bid to Jones Chemicals, Ft. Lauderdale, Florida for $347.50 per ton and $42 per 150~ cylinder. Joint Cooperative Bid - Waste Oil - Public Works (Boynton Beach - Boca Raton - Palm Beach County School Board - Deerfield Beach - Lake Worth - Riviera Beach) The Purchasing Department recommended going along with the Cooperative Purchasing Council of Palm Beach County's awarding of the bid to Petroleum Management, Inc., Davie, Florida, in the amount of $.05 per gallon and pick-up charge fee of $25. Joint Cooperative Bid - Red Clay - Parks Department (Boca Raton - Boynton Beach) The Purchasing Department recommended going along with the Cooperative Purchasing Council of Palm Beach County's awarding of the bid to Russ Coe Trucking, Avon Park, Florida in the amount of $13.45 per ton. One (1) Tractor Power Unit Model V-440 with two (2) attachments - Utilities This bid was deleted from the agenda. page 1. See "AGENDA APPROVAL", 7. One (1) Hauling Trailer Tilt-Bed Tandem Axle Equipment Transport Model LT-1014 - Utilities The Tabulation Committee recommended awarding the bid to Crosley Manufacturing Corporation, Starke, Florida, in the amount of $3,166. Versalift Model TEL-24-B Aerial Tower - Management Facilities - 8 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 The Tabulation Committee recommended awarding the bid to Equipment Consultants, Inc., Orlando, Florida, in the amount of $9,700. C. Resolutions Proposed Res( adopt legisl~ "A RESOLUTION OF THE FLORIDA, TO THE CONG] TO ADOPT LEGISLATION Proposed Res( Sentence for "A RESOLUTION OF THE FLORIDA, TO URGE THE SENTENCE FOR SALE OF D. Development Plan~ ilution No. 87-H Re: Urging Congress to .tion relating to the Social Security Act CITY COUNCIL OF THE CITY OF BOYNTON BEACH, ~ESS OF THE UNITED STATES URGING CONGRESS RELATING TO THE SOCIAL SECURITY ACT" ilution No. 87-I Re: Minimum Sale of Crack Cocaine CITY COUNCIL OF THE CITY OF BOYNTON BEACH, STATE LEGISLATURE TO APPROVE A THREE YEAR COCAINE ROCK" Previous review of t~ following criteria f¢ approvals are made si - No public hearing - No special approva parking or a heigh~ - A unanimous recommE and Zoning Board a~ - Approval from the where appropriate i - The applicant agree ~ese Development Plans has met the Consent Agenda consideration. Ail Lbject to TRB and Staff comments. Dy Council is required. by Council is required such as shared exception. ndation was received from the Planning their February 10, 1987 meeting. ~ommunity Appearance Board was received subject to CAB Meeting of 2-16-87). is to any conditions imposed on the approval by the Planning and Zoning Board where appropriate. - Where there are no, conflicts between the Planning and Zoning Board action, and thee staff recommendation. - Consistent with Comprehensive Plan' Policies. 1. Consider request submitted by Carlos Diaz, Vice President an9 agent for Lennar homes, inc., for site plan approva~ to construct a private recreation facility and landscaping at Plat 3B of the Boynton Lakes Planne~ Unit Development which is located on the east sid~ of North Congress Avenue, south of Hypoluxo Road The Planning and Zoning Board unanimously recommended approval of this request, subject to staff comments. - 9 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 E. Approve list of poll workers In a memo dated February 11, 1987, the City Clerk requested approval of a list of residents wishing to serve as poll workers. F. Amend Audit Aqreement In a communication dated February 17, 1987, City Manager Cheney recommended approval of the addition to the audit agreement with Ernst.& Whinney. A letter from Ernst & Whinney, dated February 2, 1987, outlined two major new audit requirements and stated the additional cost involved would not exceed $3,600. Ge Approve request for zoning approval for Alcoholic Beverage License Frontier Restaurant 3675 S. Federal Highway Boynton Beach, FL 33435 Bert Keehr, Deputy Building Official, in his memo of February 5, 1987, said zoning at the above location permits the sale of beer and wine for consumption on premises in conjunction with a duly licensed restaurant. Approve authorization to dispose of records - City Clerk's Office The City Clerk requested permission to dispose of records in Memo No. 75, dated February 5, 1987. I. List of Payments - Month of January, 1987 See list attached. J. ~pprove purchase of replacement pumps - Utilities In a memo dated February 4, 1987, John Guidry, Director of Utilities, recommended the purchase of two new pumps and motors for Lift Station 611. Approve continuation of June 20, 1986 contract with Homrick Nursery for planting shrubbery in medians on Congress Avenue William Sullivan, Purchasing Agent, in his memo of February 13, 1987, requested approval for continuation of the contract for median beautification. - 10 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 Me Approve request to purchase Traffic Commander System - Police Department In a memo dated February 11, 1987, Purchasing Agent William Sullivan stated the Police Department was requesting the purchase of one (1) Federal Signal Traffic Commander System. The cost of the sole source item was $3,695. N. Approve request to purchase AT&T Hostage Phone - Police In a memo dated February 11, 1987, Purchasing Agent William Sullivan recommended purchase of the Hostage Phone, as requested by Police Chief Edward Hillery, in the amount of $1,850. O. Approve Sanitary Sewer Repair - N.E. 22nd Avenue In a memo dated February 12, 1987, John A. Guidry, Director of Utilities, recommended authorization for Insituform to do the repair work at a price of $14,224.50, provided the City provides a Jet Vactor, a TV truck, and handles its own asphalt repair. Consider request submitted by St. Mark Catholic Church to erect temporary signs for their parish festival A letter dated January 30, 1987 from Reverend John G. Block requested placing two signs on the church property from March 25 through March 29, 1987. Q. Approval of Bills See list attached, Councilman Hester moved to approve the Consent Agenda, items A, 1, 2; B, 1, 2, 3, 4, 5, 7, 8; C, 1, 2; D, 1; ~E; F; G; H; I; J; L; M; N; O; P; and Q. Councilman Marchese seconded the motion, and the motion carried 5-0. Approve purchase of and location for Chamber of Commerce Pilot Project for trash containers (Pulled from Consent Agenda for discussion) Owen Anderson, Executive Director of the Chamber of Commerce, told Councilwoman Zibelli the cost per container was $750. City Manager Cheney advised that this matter had come up at the Budget Hearing and was approved to be put in the budget at that time. - 11 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 In response to Vice Mayor Zimmerman's inquiry, Mr. Anderson said the containers were made of Purplewood. Mayor Cassandra explained to the audience that a pilot program was planned to have trash containers in the Central Business District at certain locations. Mayor Cassandra said the Council had agreed that the idea was a good one, but he could not remember voting on the $750 amount. City Manager Cheney said four containers were planned, and Mr. Anderson explained that two were to be placed in the CBD and two outside of the CBD. He said the two outside of the CBD could be a different type of container, and he noted that Delray Beach had some $450 containers. In answer to Mayor Cassandra's inquiry, City Manager Cheney stated that the two containers in the CBD were to be located at the northeast corner of Boynton Beach Blvd. and Federal Highway and on the north side of Ocean Avenue, west of the Banana Boat. Vice Mayor Zimmerman asked how often the containers would have to be emptied. City Manager Cheney replied that the containers would be observed and then scheduled to be emptied according to need. He added that these would be emptied by the Parks Department. City Manager Cheney explained that the containers' expense was related to the type of wood suggested for use. The wood, Purplewood, was recommended because it was a lasting type of wood. Mayor Cassandra repeated that he did not remember approving the $750 cost, but only the concept. He requested a verbatim transcript of the discussion of this matter at the Budget Hearing meeting. Mayor Cassandra stated he thought the con- cept was a good one, but the cost factor bothered him. Councilman Hester moved to TABLE the discussion until the City Council meeting on March 3, 1987. The motion, seconded by Councilwoman Zibelli, carried 5-0. BIDS Three Complete Rear Loading High Compaction Bodies/Three Chassis for Rear Loadinq Compaction Body - Public Works Mayor Cassandra reminded the Council that the awarding of this bid had been challenged by one of the other bidders. That bidder was asked to talk to the City Manager; after that discussion the City Manager's final decision was to be abided by. Vice Mayor Zimmerman brought attention to a letter received from the Cohen-Migdal Law Firm. Mayor Cassandra asked the - 12 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 City Attorney if there was anything in the letter that needed to be acted upon. City Attorney Rea did not feel the letter presented a particular legal problem. The letter suggested the specifications were so narrowly drawn that only South Florida Mack would be able to bid. The letter further went into detail regarding certain specifications that could only be met by one bidder, which in the view of the challenging bidder were insignificant. Mayor Cassandra said the City Manager recommended the City go with the original recommendation of South Florida Mack. Jerry Hughes, representing Waste Equipment Leasing, said only a few manufacturers would be able to meet all of these specifications. He said much of the discussion had centered around the cab and chassis, and said only two bodies were bid--Loadmaster and another very equal body. Mr. Hughes said there was a considerable dollar difference for just a few minor differences in the body of a truck which he felt was equal, if not better. City Manager Cheney responded that two things were indicated by the City as being important: the new automatic tailgate of the EZ Pack and the body weight. He then explained reasons why they were considered important. City Manager Cheney added that the EZ Pack had been used this year and was found to be extremely useful. Councilman Hester asked Mr. Hughes if his company met all of ~he specifications that were asked for at the time they received the specifications. Mr. Hughes answered affirmatively, and said any exceptions either met or exceeded the specifications. ~e elaborated that there were three minor changes, but said they specified that those items exceeded the specifications. City Manager Cheney argued that the company did not meet the specifications on those three items. Councilman Marchese pointed out that the City's specifications were intended to help standardize the fleet of trucks, and agreed with City Manager Cheney that Mr. Hughes' company did not meet all of the specifications. Councilwoman Zibelli commented that what Mr. Hughes was saying was very minor, and what City Manager Cheney was saying was very important. City Manager Cheney concurred that he thought the changes were important, and Mr. Hughes gave more reasons why he thought the changes were minor. Mayor Cassandra said it was obvious the City's goal is stan- dardization. He then pointed out that, although standardization - 13 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 is a worthy goal, it does seem to eliminate competitive bidding. City Manager Cheney responded that he did not think competitive bidding would be eliminated, because when competitors see the items that are desired, they will add these features and will stay in the competition. City Manager Cheney noted that, although the dollar difference in the trucks appears to be great, when dollars per day saved on the trucks with the desired features are calculated, the extra initial investment will pay off. Councilman Marchese moved to accept the recommendation of the City Manager and Staff to award the bid to South Florida Mack, Riviera Beach, Florida, in the amount of $250,548, less the trade-ins of $40,000. Councilman Hester seconded the motion, and the motion carried 5-0. PUBLIC HEARING ae Consider request submitted by Edward W. Duggan, HSW Investments, agent for Oakwood Square Associates, for conditional use approval to construct a 3,230 square foot restaurant with drive-thru facilities at a leased outparcel located on the south side of the main shopping center driveway. The restaurant would be located on North Congress Avenue at Old Boynton Road, southeast corner. Carmen Annunziato, Director of Planning, said the request was for conditional use approval to construct an Arby's Restaurant at the Oakwood Shopping Center. The TRB recommended that the P&Z Board approve the request, subject to a list of conditions. Mr. Annunziato reported the P&Z Board had cOnducted a Public Hearing and then recommended approval subject to staff comments. There were two additiOnal items addressed by the P&Z Board. One concerned the screening of rooftop equipment, and the other was a request that the Community Appearance Board review the application in connection with the architectural features of the shopping center where the building would be located. Mr. Annunziato advised that the CAB had reviewed the application, and the applicant had agreed to modify their colors to match the color scheme of the shopping center. Mayor Cassandra was concerned that this could be the beginning of a chain of fast food restaurants in an area located across from residential land zoned R-1AA. Mr. Annunziato answered that in the past the City Council had placed these types of - 14 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 facilities in the C-3 zoning category as conditional usage, subject to the conditions in the Zoning Code. In this instance, Mr. Annunziato said, it was unlikely that this facility would generate much more traffic than the shopping center itself. He believed that the area to the north would have to remain residential, unless someone proved that there was the capacity in the roadway system beyond which the roads can be built. In response to Mayor Cassandra's inquiry, Mr. Annunziato said one outparcel remained in the shopping center. Mayor Cassandra announced that anyone wishing to speak in favor of or against the request could do so now. There was no response, and THE PUBLIC HEARING WAS CLOSED. Edward Duggan, agent, 6350 N. Andrews Avenue, Ft. Lauderdale, Florida, stated for the record that he agreed to conform with the color scheme of the shopping center and to have the flat roof facade to hide the machinery on the roof. Mr. Duggan said the roof would be blue and would match as closely to the shopping center roof as possible. Vice Mayor Zimmerman moved to approve the conditional use request for the restaurant drive-thru facility. The motion was seconded by Councilman Hester and carried 5-0. Be Consider request submitted by Roy Barden, agent for Max Schorr, Trustee, for rezoning from R-1AAA (Single-Family Residential) to M-1 (Light Industrial) for the purpose of allowing construction of a 10.45 acre light industrial development on High Ridge Road at Miner Road extended, southwest corner Mr. Annunziato said the Council had agreed in December to rezone this land as a PID, subject to the applicant's securing a variance from the Board of Adjustment. The BOA did not grant the variance; however, the Council did amend the Land Use Element of the Comprehensive Plan to show this property as Industrial. The request is now for rezoning of the tract to M-1. The request was reviewed by the Staff, and they recommended the request be approved subject to stipulations similar to those proposed on the_proposed PID. The P&Z Board recommended approval subject to staff comments, upon completion of the Public Hearing. Roy Barden, agent for the project, 112 Boca Raton Road, Boca Raton, Florida, requested approval for M-1 zoning. He said - 15 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 the land is suited for industrial land use, is in accord with the amended Land Use Plan, and is in accord with the kinds of uses already built or being built in the area. Mayor Cassandra announced that anyone wishing to speak in favor of or against the request could do so now. There was no response, and THE PUBLIC HEARING WAS CLOSED. Mayor Cassandra asked Mr. Barden if he was agreeing to all the Staff comments. Mr. Barden responded that the conditions have been reviewed and are understood, but he felt they were enormous compared to the acreage. He stated the conditions were essentially the same as those imposed on the proposed PID. Mr. Barden said they agreed to the conditions when they were subject to the PID zoning because the PID grants the applicant or property owners the latitude of mixing land uses. Mr. Barden stated that if the Council imposed conditions that they must adhere to, then they would adhere to them. City Attorney Rea asked Mr. Barden if he was agreeing with the Staff comments. Mr. Barden commented that he felt there was some inequity when PID conditions were imposed on a straight rezoning M-1. He added the same rights were not being given as would be granted under a PID. For the record, Mr. Barden repeated that, if the Council imposes these conditions, the applicant will, of necessity, comply with them. Mayor Cassandra stated that Mr. Barden would need to answer "yes" or "no" in order for the Council to be able to make a motion on this request. City Attorney Rea added that such an answer was needed for clarity of record and to avoid any future problems. Mr. Barden responded "yes." Councilman Hester moved to approve The High Ridge Center rezoning, subject to all staff comments. Councilwoman Zibelli seconded the motion, which carried 5-0. Consider request submitted by Moyle, Flanigan, Katz, Fitzgerald and Sheehan, P.A., agents for Quantum Associates, for abandonment of that portion of High Ridge Road extending north from N.W. 22nd Avenue to the northern property boundary of the Quantum Park of Commerce PID located on the west side of Interstate 95, between Miner Road extended and the Boynton Canal Dm Consider request submitted by Moyle, Flanigan, Katz, Fitzgerald and Sheehan, P.A., agents for Quantum Associates, for abandonment of that portion of High Ridge Road extending south from N.W. 22nd Avenue to the - 16 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 Boynton Canal within the Quantum Park Commerce PID located on the west side of Interstate 95, between Miner Road extended and the Boynton Canal Mr. Annunziato wished to discuss both of these requests at the same time. He said the request was for abandonment of that portion of High Ridge Road that abuts their property. One part was north of N.W. 22nd Avenue, and the other was south of N.W. 22nd Avenue. Mr. Annunziato explained that the abandonment would provide for the development of the Master Plan and for a different configuration of the road. After abandonment, the portion north of N.W. 22nd Avenue would be public, and the portion south of N.W. 22nd Avenue would be private. Because of the nature of the ownership of land south of N.W. 22nd Avenue (there are two other property owners involved), the property owners had to concur with the request and will be provided with instruments for access to their property at all times. Mr. Annunziato noted that these two requests were reviewed by the TRB and were approved, subject to Staff comments that access be provided to the property owners before the roads could be abandoned. Prior to the hearing, the applicant provided the City with a draft easement document, which was reviewed and fOund to be acceptable. This document will allow the applicant to take the other roads out of service when the new roads are in place; otherwise, there would be problems with recording the plats. The P&Z Board unanimously recommended in both cases approval of these requests, subject to the recording of the temporary easement. Mayor Cassandra announced that anyone wishing to speak in favor of or against the request for abandonment of the north portion of High Ridge Road could do so now. There was no response, and THE PUBLIC HEARING WAS CLOSED. Councilman Marchese moved to accept the request for abandon- ment of the portion of High Ridge Road extending north from N.W. 22nd Avenue. The motion was seconded by Vice Mayor Zimmerman and carried 5-0. Mayor Cassandra announced that anyone wishing to speak in favor of or against the request for abandonment of the south portion of High Ridge Road could do so now. There was no response, and THE PUBLIC HEARING WAS CLOSED. Councilman Hester moved to accept the request for abandonment of the portion of High Ridge Road extending south from N.W. - 17 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 22nd Avenue, subject to staff comments. The motion was seconded by Councilman Marchese and carried 5-0. THE COUNCIL TOOK A BREAK AT 9:11 P.M. at 9:20 P.M. The meeting resumed DEVELOPMENT PLANS Consider request submitted by Thomas J. Twomey, P.E., Michael B. Schorah & Associates, Inc., agent for Burg & DiVosta Corporation, for approval of the construction plans and preliminary plat for Meadows 300 Tract N (Wellesley) which provides for the construction of infra- structure improvements to serve 288 units in connection with a previously approved Planned Unit Development located on the west side of North Congress Avenue, south of Hypoluxo Road Consider request submitted by George Gentile/Donald Hearing, GBS Architects, agents for Burg & DiVosta Corporation, for site plan approval to construct 288 townhouse units plus recreation and landscaping at the Meadows Planned Unit Development located on the west side of North Congress Avenue, south of Hypoluxo Road Mr. Annunziato explained that these two items were related to the same issue. The first was the preliminary plat, and the second was the site plan for the development of a tract in the Meadows PUD. Both requests were reviewed by the TRB, and both were recommended for approval, subject to Staff co~ents. Mr. Annunziato reported that the P&Z Board reviewed the pre- liminary plat and recommended approval subject to the comments of the City Council. The site plan was also recommended for approval, with two areas of clarification. The first was a comment from the Building Department concerning fire walls, which Mr. Annunziato felt could be resolved as part of the permitting process. The second involved a comment from the Police Department with respect to sufficient access for police parking needs; the applicant has since discussed the matter further with the Police Department, who has concurred that there is sufficient parking available. Also provided will be emergency access. In response to Mayor Cassandra's inquiry, Mr. Annunziato said that the project falls under the required density for the Comprehensive Plan. He explained that the Meadows PUD was approved at 4.8 dwelling units per acre; however, certain - 18 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 tracts are more dense, and certain tracts are less dense. Mayor Cassandra expressed disapproval of this practice. Vice Mayor Zimmerman asked if there would be condominium ownership, and Mr. Annunziato responded that they would be fee simple townhouses. Mr. Annunziato said within the PUD, individual tracts might be condo, rental, fee simpler etc., but these would be fee simple. Mike Schorah, Schorah & Associates, said he was representing the platting and engineering aspects of the project. He advised that another representative would speak separately regarding the site plan and the planned units. Mr. Schorah informed the Council that he was in agreement with all Staff comments. George Gentile, GBS Architects, 1080 E. Indiantown Road, Suite 205, Jupiter, Florida 33477, explained that the homes are quadriplex units and are two-story townhouses. He felt the homes would add another dimension to the architectural style and another product type to 'the City of Boynton Beach. Mr. Gentile further explained the layout of the community. In response to Mayor Cassandra's inquiry, Mr. Gentile stated an estimate for the homes would begin in the $80,000 range. Mayor Cassandra stated that one motion could be made for both items. Councilwoman Zibelli moved to approve the construction plans and preliminary plat for Meadows 300 Tract N and the site plans to construct 288 townhouse units plus landscaping and recreation at the Meadows PUD, both subject to Staff comments. The motion was seconded by Councilman Hester and carried 5-0. Be Consider request submitted by Edward W. Duggan, Project Engineer and agent for Oakwood Square Associates, for approval of an amended site plan to allow for the con- struction of a 2,944 square foot branch bank building with drive-thru facilities at a leased outparcel located on the north side of the main shopping center driveway on North Congress Avenue at Old Boynton Road, southeast corner. Mr. Annunziato stated this was a request for the construction of a Centrust Bank at the Oakwood Shopping Center. He noted the project had received positive recommendations from both the TRB and the P&Z Board. There had been one additional comment made by the P&Z Board directed to the CAB regarding the color scheme° Mr. Annunziato said Mr. Duggan had agreed to match the color scheme of the shopping center. - 19 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 Edward W. Duggan, Project Engineer and agent, for the record stated that he agreed to all Staff comments, including the comment concerning the color scheme of the bank. Vice Mayor Zimmerman moved to approve the amended site plan for the Centrust Bank in Oakwood Shopping Center. The motion was seconded by Councilwoman Zibelli and carried 5-0. Ce Consider request submitted by Frederick Vecchione, agent for First Oxford Development Corporation, for approval of an amended site plan to allow for the addition of a swimming pool. This site is located on Federal Highway at N.E. 12th Avenue, east side. This request was deleted from the agenda. APPROVAL", page 1. See "AGENDA De Consider request submitted by Kimberly Dellastatious, Currie, Schneider Associates, P.A., agent for Walboyn, Inc., for approval of an amended site plan to allow for a change in building layout and design for the Plat No. 1 hotel located on North Congress Avenue at Boynton Canal, northwest corner Mr. Annunziato said this request was for a site plan amendment for the Holiday Inn hotel being constructed at the Catalina Centre. Modifications involved changes in the meeting room and the areas along the north wing. The P&Z Board recommended the request be approved, subject to Staff comments. The owner was in agreement with all Staff comments. Councilman Hester moved to approve the site plan modification for Catalina Centre Plat No. 1, subject to staff comments. The motion, seconded by Councilwoman Zibelli, carried 5-0. Consider request submitted by Kieran J. Kilday, agent for Publix Supermarkets, Inc., for site plan approval to construct a 1,024,126 square foot automated distribution center on a 55 acre parcel at the Quantum Industrial Development located south of N.W. 22nd Avenue, within the Quantum Park PID Mr. Annunziato stated this request went to the P&Z Board with the recommendation from the TRB to approve subject to Staff comments. At the P&Z Board, there was discussion about two comments made by the Planning Director. One concern was the request to reword a comment to suggest that the City Council will approve the entire 1,024,126 square feet as opposed to just the first phase. The comment was reworded to state that additional phases would have to go back through site plan - 20 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 approval for architectural and engineering review. A second concern was the issue of truck traffic as related to this project. The P&Z Board discussed whether it was appropriate to recommend restricting truck traffic as related only to Publix, whether it was the proper method to recommend such a restriction, and whether restricting truck traffic from the thoroughfare might require an amendment to the Development Order. The P&Z Board recommended approval, subject to Staff comments, with the modification of item 5 and the forwarding for discussion of issues raised concerning truck traffic. Henrietta Solomon, 230 N.E. 26 Avenue, Boynton Beach, wished to speak on the truck traffic issue. She understood the trucks were to come down N.W. 22nd Avenue and on to Seacrest Boulevard. Mrs. Solomon stated that although this is a wide thoroughfare, it is lined with private homes in which many children live. She felt directing the trucks to Seacrest Boulevard would create a dangerous situation. She asked that this be taken into consideration before the plans are finalized. Jon C. Moyle, of Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P.A., Attorneys at Law, Barnett Centre, 625 North Flagler Drive, West Palm Beach, introduced other representatives of Publix that were present including: Charles Jenkins, Jr., Vice President of Publix in charge of Real Estate Operations; Tom O'Connor, Southeast Manager for Property and Distribution Operations; Steve King, Architect; Kieran Kilday, Planner; and Enrico Rossi. In response to Mrs. Solomon's comments, Attorney Moyle said if the truck traffic becomes a problem, Publix will abide by any restrictions found to be necessary by the City. Attorney Moyle stated the planned buffering and fencing will make the building an attractive one. He added that only the top portion of 'the building will be seen from the road. Kieran J. Kilday, Kilday & Associates, 1551 Forum Place, Building 100, West Palm Beach, Florida 33401, reported that the site would be heavily landscaped, buffered and fully sprinkled. Trucks will be out of sight from the main road. Mayor Cassandra was concerned with noise that would be generated by trucks leaving the distribution center in the middle of the night or early morning. Mr. Kilday promised that Publix would comply with the Noise Ordinance. City Manager Cheney did not think many of the Publix trucks would be using Seacrest Boulevard, but rather Congress Avenue, Hypoluxo Road, and Boynton Beach Boulevard. City Manager Cheney recommended waiting until a problem arises and then addressing it at that time. - 21 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 Councilman Marchese moved to accept the site plans for the Publix distribution center, subject to all Staff comments. The motion was seconded by Councilman Hester and carried 5-0. Consider request submitted by J & J Ventures of Florida for Water's Edge Marina site development plan Mr. Annunziato stated the request came from the CRA with a recommendation to approve the plans, subject to Staff comments and to the conditions discussed at the DRB meeting. Mr. Annunziato said Water's Edge Marina was to be located on Casa Loma Boulevard and N.E. 6th Street. The land use proposed includes retail buildings, a four-story parking garage, a hotel, a restaurant, boat slips, and a marine store. M~. Annunziato informed the Council that the applicant has agreed to comply with all Staff comments. Mr. Annunziato corrected a comment in his memo of January 5, 1987 to CRA Executive Director Dianne Lawes; rather than reading "the property line", item number 1 should say "the section line." The applicant would also be asked to quick-claim any interest in the 15 feet south of the section line referred to in item number 1. Mr. Annunziato advised that there was discussion at the DRB meeting and the CRA meeting concerning traffic on Casa Loma Boulevard. It became apparent that there will be the need to turn cars at the end of Casa Loma Boulevard, and there is approximately 76 feet available for a cul-de-sac. Although 76 feet is substandard and trucks will not be able to make turns there, it is the best that can be done with that con- figuration of land. Parking was also discussed; either 90° parking or angled parking can be accommodated on Casa Loma Boulevard. Mayor Cassandra had two questions for Mr. Annunziato. He first questioned the absence of a fire lane (as granted' in a variance), saying it was contradictory to all policies in the City. Mayor Cassandra said he would, however, accept the expertise of the Fire Department. Mayor Cassandra next asked Mr. Annunziato's opinion of CRA Vice Chairman Sam Scheiner's comments concerning the different heights between this site and the adjacent property. Mr. Annunziato answered the recommendation for the variance in the fire lane was based on many factors, and he elaborated on them. In reference to Mr. Scheiner's comments, Mr. Annunziato said they make sense, but you have to put them in the context of an imperfect world. Mr. Annunziato gave examples of problems being encountered in the downtown development. - 22 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 Councilwoman Zibelli asked about the comment that the name of the development must be changed. Mr. Annunziato reported there is a Water's Edge Condominium, so Water's Edge Marina will have to-change its name. Craig Livingston, Siteworks Architects, 1301 Congress Avenue, Suite 320, Boynton Beach, presented a display of the design materials and showed elevation drawings of the parking garage and retail buildings. He stated that the plans and drawings have been through the DRB, the TRB, and the CRA. Mr. Livingston estimated the cost of the project, to be 16-18 million dollars. He said the project should generate a lot of activity in the downtown area. Mr. Livingston explained that the first downtown parking garage is being proposed with this project. In answer to Mayor Cassandra's inquiry, Mr. Livingston said the garage would be open tiered. Mayor Cassandra commented that he had seen garages that have cinder blocks giving the appearance of an office building, even though the garages are open. Mayor Cassandra stated that the garage planned for Boynton Beach would look like a garage. Mr. Livingston told of various ways he has addressed that problem. Mr. Livingston next discussed how traffic would be handled on Casa Loma Boulevard. He said 90° parking was planned on the north side of the right-of-way. Mr. Livingston explained that parking now exists in the right-of-way which would be moved. There would be a cul-de-sac at the east end and either 90° parking or 60° angle parking, as shown in sketches by Mr. Livingston. Mr. Livingston planned to consult the Planning Department about which parking scheme they would recommend. Mayor Cassandra asked if all the parking spaces were needed, or if one tier of the parking garage could be deleted. Mr. Livingston felt it was important to have ample parking. Mayor Cassandra was also concerned about having parking in the pedestrian area. Mr. Livingston displayed a materials board of various materials being used on the project including stained gray cedar siding, standing seam blue metal roofs, nautical New England style with light trim and windows, and different colored canopies and signs. Mx. Livingston stated that the request to change the name of Water's Edge was a problem. He said the developer has obtained a corporate trademark which is registered in the State of Florida. Mr. Livingston explained that the Fire Inspector was concerned - 23 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 the Marina and the condominiums with the same name could be confused in case of an emergency. Mr. Livingston said if he was calling in a fire, he would identify specifically Water's Edge Marina. City Manager Cheney said there are subdivision regulations to be followed, and there is no way to guarantee who would report a fire or how they would identify Water's Edge. Mr. Livingston said he would accept the conditions, if the name must~be changed. City Manager Cheney said the parking situation on Casa Loma Boulevard should be discussed. He said it is hoped, if the project is successful, there will be heavy pedestrian traffic not along Casa Loma Boulevard, but along the water side of those shops. If it is extremely successful, a parking short- age is anticipated, and that is the reason for the proposed additional parking along Casa Loma Boulevard. Also, by increasing the number of parking spaces, the number of potential visitors is increased; and it is large numbers of people that will make this project successful. Mayor Cassandra repeated that his only concern was the absence of the fire lane; he would go along with it with reservations, since the Fire Department had approved it. City Manager Cheney assured him the problem was looked at very seriously. He said the policy of the City should be reviewed in light of what was trying to be accomplished in the total picture. In answer to Mayor Cassandra's inquiry, Mr. Livingston said he approved of the parking on Casa Loma Boulevard. Vice Mayor Zimmerman believed if parking spaces were eliminated, there would also be fewer people, especially if they had to walk a great distance. Councilman Hester commented that he had read Mr. Scheiner's remarks and~they were good, but the downtown owners had the opportunity to come in and voice any opposition to the four story garage, and no one did. Mayor Cassandra stated that this project needs to succeed now in the downtown; otherwise, the downtown will not develop. Councilwoman Zibelli agreed with Mayor Cassandra's comments. Mayor Cassandra advised that the Staff make sure there are no safety hazards, even if parking spaces must be eliminated. Councilman Marchese also voiced his concern with the fire hazard. Councilman Marchese moved to accept the site development plan for Water's Edge Marina (name to be changed), subject to all Staff comments. Councilman Rester seconded the motion, which carried 5-0. - 24 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 86-48 Re: Rezoning - PCD Center (CONTINUED to 2/17/87) City Attorney Rea requested that this Ordinance, which had been continued, stay CONTINUED until the next City Council meeting on March 3, 1987. Proposed Ordinance No. 87-5 Re: Amending Section 64.1 of City Charter relative to providing a new exception to the requirements of competitive bidding City Attorney Rea read proposed Ordinance No. 87-5 on second and final reading by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 64.1 OF THE CITY CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, BY PROVIDING A NEW EXCEPTION TO THE REQUIREMENTS OF COMPETITIVE BIDDING ON PURCHASES IN EXCESS OF ONE THOUSAND ($1,000.00) DOLLARS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; AUTHORITY TO CODIFY; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Cassandra asked if anyone wished to speak in favor of the proposed Ordinance. There was no response. Mayor Cassandra asked if anyone wished to speak against the pro- posed Ordinance. As there was no response, THE PUBLIC HEARING WAS CLOSED. Councilman Hester moved to approve proposed Ordinance No. 87-5 on second and final reading. Councilman Marchese seconded the motion. A roll call vote was taken on the motion by Mrs. Boroni: Mayor Cassandra Vice Mayor Zimmerman Councilman Hester Councilman Marchese Councilwoman Zibelli Aye Ave Aye Aye Aye The motion carried 5-0. Proposed Ordinance No. 87-6 Re: Amending Section 1 of Ordinance No. 86-53 correcting a Scrivener's Error contained in the leqal description - 25 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 City Attorney Rea read proposed Ordinance No. 87-6 on second and final reading by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION1 OF ORDINANCE NO. 86-53 TO CORRECT A SCRIVENER'S ERROR CONTAINED THEREIN RELATING TO THE LEGAL DESCRIPTION OF A PARCEL OF LAND WHICH CHANGES THE LAND'USE DESIGNATION FROM RECREATIONAL TO OFFICE AND COMMERCIAL FOR SAID PARCEL; PROVIDING THAT EACH AND EVERY OTHER TERM AND PROVISION OF ORDINANCE NO. 86-53 SHALL REMAIN INFULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Cassandra asked if anyone wishe.d to speak in favor of the proposed Ordinance. There was no response. Mayor Cassandra asked if anyone wished to speak against the pro- posed Ordinance. As there was no response, THE PUBLIC HEARING WAS CLOSED. Councilman Marchese moved to approve proposed Ordinance No. 87-6 on second and final reading. Councilwoman Zibelli seconded the motion. A roll call vote was taken on the motion by Mrs. Boroni: Vice Mayor Zimmerman Councilman Hester Councilman Marchese Councilwoman Zibelli Mayor Cassandra Aye Aye Aye Aye Aye The motion carried 5-0. B. Ordinances - 1st Reading Verbatim Transcript - Consider Appeal of Judge Rudnick's Order Cassandra: Mr. Friedland, before you came in an addition to the agenda was made, and your presentation came from "Other - D." up. The request for the addition was to consider the appeal of Judge Rudnick's stipulation request. Now, do you feel you wish to make a presentation, or do we go through the procedure? What is your recommendation as our Special Attorney to this particular-- Friedland: Are you referring to the Order that compels the City to carry out the-- - 26 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 Cassandra: Friedland: Cassandra: Zimmerman: Cassandra: Zimmerman: Cassandra: Friedland: Cassandra: Marchese: Cassandra: Friedland: Cassandra: Hester: Cassandra: Should we listen to you first? Should we go through the request to consider the appeal and then go through the Ordinance? What do you recommend? It doesn't matter? If you are considering taking an appeal of that Order, which must be done before February 27, I think you should take that up before any further business, because that could affect your handling of the Ordinance. O.K. Vice Mayor Zimmerman, you've made a request to consider appeal on the agenda. Yes, I am highly in favor of that, and I wondered how the rest of the Council would feel about it. Well, the only way you're going to find out is to either make a motion, or do you want a discussion? Well, I move that we appeal the Order of Judge Rudnick dated January 27. Was that stated correctly legally? a motion to appeal? Do we make You can authorize me to file a notice of appeal of that particular Ordinance. So I guess the motion is to authorize the Special Attorney Kirk Friedland to start appeal of the Order. I~have a motion. I need a second. I second the motion. I have a motion and a second to direct Special Attorney Kirk Friedland to start appeal process on Judge Rudnick's Order. That's an Order entered on January 27, 1987. An order entered on January 27. Any discussion? Yes, Mr. Attorney, I know you can appeal, but since the Order was given, we can still appeal, is that right? Ask the Special Attorney. - 27 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 Hester: Rea: Hester: Cassandra: Zibelli: Friedland: No, I'm asking our Attorney, the City Attorney. You can still appeal an Order, but for the substance of legal issues involved, I would suggest directing your questions to Mr. Friedland. He is acting as the City's Special Counsel. O.K. You answered it. Any other discussion? What would be the repercussions of this now? This Order has already been appealed by the Intervenors. In fact, they have asked to con- solidate the appeal of this Order with their appeal of the prior Order (inaudible). On behalf of the City, I stipulated to that con- solidation, and the counsel for Tradewinds, I understand, has also stipulated to that. I haven't seen an Order from the Appellate Court, but we are expecting that that will be permitted. The briefs on that consolidated appeal have already been filed by the Intervenors, and the answer brief from the City is due March 4. We would be changing from being the appellee, who is the one who is be appealed against, to being the appellant, if you choose to appeal this Order. O"ce the notice of appeal is filed, the City is entitled to an automatic stay. However, that can be modified by the Court. I'would say we could expect the developer to be in Court asking for the stay to be dissolved and asking that the City post a bond. You might also expect--and this Ks the first time now that the issue has really come to a head for you--you are now going to be fighting against carrying out an agreement. The repercussions of that could--in fact, you're now attempting to overcome or overturn an agree- ment which has been treated by the Court as a contract. This may result in litigation being filed against the City for damages for breach of contract. It's possible that you may be named individually. You may then claim legis- lative immunity, but as we heard at the hearing, the developer has a big stake in the project. There Ks testimony that the developer has spent 7 million dollars to date, and I think you can expect some litigation to flow from attempts of - 28 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 Zibelli: Cassandra: Hester: Friedland: Hester: the City to repudiate that agreement. know that before you take action. You should I would like to also make reference that an awful lot of money is involved in the City's end of this, fighting this project--I'm not fighting it, but which ever way you want to look at it; but then you've got a tremendous load on the City taxpayers. Are there any other comments of the Council? So, really, what we're doing if this is approved, we're joining in with the Intervenors appealing what we have already done. I mean, what had been stipulated by the Judge. So we are joining in with the Intervenors in appealing what we have already approved, and the Judge has given an Order, right? The Order that was entered on January 27 is compelling the City to carry out the terms of that agreement. There were a number of things that are specified in the Order: we shall adopt those rezoning Ordinances forthwith; we shall transmit to DCA the proposed amendment to the Comp Plan. By filing this appeal, you would be contesting the validity of the Judge's Order that compels us to do so. You may wonder whether that directly attacks the agreement itself. We did not appeal that Order, because it approved the agreement. If you're contemplating appealing this Order, it'd be a slight dissention. You're not directly attacking the Order; you're attacking the latest Order that compels you to carry out the terms of the Order. I just want to say this about a comment I heard tonight, and I'm not, about we're being turned off by Leisureville. I wish that, you know, the people wouldn't think that, because I don't think that. Leisureville is a part of this community. It's one part of this community. There are other parts of this community. So I don't think anybody is being turned off by Leisureville. I mean, sure, you're a part of this community like we all are. And I don't think anybody's trying to do anything against Leisureville or any other area in this town, because we all live together. We've got - 29 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 Cassandra: Williams: Cassandra: Williams: Cassandra: Rea: Cassandra: Cheney: Cassandra: to live in Boynton; that's the only way we've got to live. So, I don't see why they keep saying we're turning Leisureville off. ~I~isureville is an integral'part of this community; it's only part of it. This community goes from one entrance to the other, and that includes everybody. Any other comments? Betty, let's have a-- Mayor Cassandra, would it be possible for me to be heard? Well, I believe, correct me if I'm wrong, Mr. Rea, we have a motion on the floor. I don't believe he can be heard with a motion on the floor. There's a motion on the floor, and the discussion is with the Council members. The motion was made and seconded, and any discussion is among the Council. That's what the motion wa~. Well, I ask that you waive it and let me speak. I think you have the right to do that. I can ask the--what is it?--the super majority to waive it. I didn't bring my book. You could waive that, I would think, without any problem, if you allow the other side to provide their input as well. I have no (inaudible) on that. What's going to happen here--once I allow him to speak, I'm going to have to allow everybody else on that floor to speak. So I think we've heard this enough, and I don't care--I'll stay here until 2 o'clock in the morning, that doesn't bother me--but I just want you to know that once I open the door, Mr. Rea, how do I deny? I see this guy jumped up, and he's six foot seven. The other hand over here went up. How do I deny their right to speak? The Council just votes to let him speak or votes not to let him speak. I just wanted you to be aware that if we open this up, we have to open it up to everybody else. I don't think that would be fair just to have one - 30 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 Rea: Cassandra: Rea: Cassandra: Zibelli: Cassandra: Hester: Cassandra: Hester: Cassandra: Friedland: person speak and not everybody else to speak. I just wanted to bring that to your attention. You could possibly allow the party to the sub- sequent agreement and the party to the Court proceeding, the legal representatives of those parties to speak. That would limit it to Mr. Friedland, Mr. Williams and Trela White. No, they're the same party. They're the same party, I guess, yeah, one of them, and I don't see Terrell Arline as legal representative. Ail right, Council people. I've-- (Inaudible) Her comment was she sees no problem in legal representation, but she's not receptive to opening this discussion all over again for people on the floor. That was Councilwoman Zibelli's comment. A-d I don't know if I want to hear this anymore, myself, but by the same token-- I hoped I wouldn't hear anymore either, but, I mean, we're hearing it, I mean, you know. Well, what we're hearing was strictly from our Attorney. Right, right. We have a motion to consider an appeal. The Attorney has told us the ramifications, legal ramifications, of what this appeal, depending how it goes, would happen. I think the--and correct me, because I need legal advice here; I don't want to do anything that jeopardizes the City or any Councilperson--that they would have their right in Court~ based upon what our deci- sion is. Is that correct? Well, if it's the intention of the City not to carry out the terms of the Order compelling the enforcement, then it would be appropriate for you to consider an appeal, so that it can be - 31 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 Cassandra: Friedland: Zimmerman: Cassandra: Marchese: Cassandra: Hester: Cassandra: Hester: Cassandra: Hester: Cassandra: Hester: Cassandra: legally determined whether the Order is valid or invalid, rather than just refusing to obey a judge's Order. You certainly can't-- No, my question really was, if I didn't allow the legal attorney for the other side to speak, wouldn't they still have, wouldn't they be speaking in Court? Yes, of course. (TAPE CHANGE) We follow the Robert's Rules of Order, and a motion is on the floor, and we only have discussion by those who (inaudible). What's the other people's feelings? I feel the same way. Councilman Hester? I, in fact, I didn't intend to discuss it, because, basically, I voted and the Judge's decision has been handed down, and I am going to let it take it's course in Court. We have Intervenors, and it's left up to those people to appeal it. As far as I am concerned, I don't want to get involved in any lawsuit, because (inaudible) the Judge's Order, and I'm not going to. I don't mean that. That wasn't my question. My question was do you wish-- No, I know. I still think, basically, you have the people that are involved in the case here. You have the attorneys for both sides. Do you wish to let them speak, that's what-- That's up to-- That's what I'm looking for, is your feeling. It's O.K. by me. I'll allow one of the representatives to speak to the,-Mr. Molina, what is your question, sir? - 32 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 Molina: Cassandra: Zimmerman: Marchese: Cassandra: Williams: Cassandra: Zimmerman: Cassandra: Zimmerman: Cassandra: Zimmerman: Cassandra: White: Cassandra: Well, my question is Terrell Arline doesn't appear because he wasn't expected to appear to defend this side of the case. And I don't think it's fair to allow these people that came here tonight with the intent to kill this to speak. I think this should go on as a Council hearing, and that's it. Thank you. We have a motion on the floor. second? Is there a Yes. Do you all know what the motion is? He made a second motion. The other motion was to follow Robert's Rules of procedure and not allow the request of Mr. Williams, I believe is his name-- Yes, sir. --Mr. Williams to make a comment. (Inaudible) I have a motion now on the request of Mr. Williams that he may speak. Those in favor of the motion which is denying-- No, the motion is to follow the Robert's Rules of Order-- Which is denying him to speak. Right. That would deny him. you said. Allowing, I thought No. Ail right. I'm sorry. Did I say allow? Excuse me, Mr. Mayor. If I might just ask if I could have the record reflect that Trela J. White, from F. Martin Perry's office, has also requested to speak. I'd just like the record to reflect-- If you want to speak on his transmittal, I will let you. - 33 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 White: Cassandra: White: Cassandra: Friedland: Cassandra: Zimmerman: Cassandra: Cassandra: I'd just like the record to reflect that I am present, Trela J. White from the law office of Martin Perry and Associates, and we are requesting to speak with regard to the legalities of this matter prior to the time that the Council made the decision. Ail right. Let me read, for the record also, "Trela J. White, Esquire for F. Martin Perry and Associates, 515 Flagler Drive, West Palm Beach, Florida, Summary of matter to be addressed: objection to content of transmittal letter to Florida DCA Tradewinds Agenda item D. 1." I am not denying you that right to speak about reference to the transmittal letter. What we're discussing now is not the transmittal letter. If you want, when the transmittal letter comes up, D. 1., I'll allow you to talk. Now that's your request. O.K., I think that once you rule on this without allowing us to speak, though, you've already precluded any discussion on that matter. That's why I'm requesting to speak. I'd like the record to so reflect, so you could be apprised of the position prior to making a final vote by the Council. Mr. Friedland, what she said, does that create a problem for us? (Inaudible) because I think the legal ramifications should be addressed. You haven't reached that particular item on the Agenda. You have a motion on the floor. I'm not, I don't come to you as a procedural expert, but I think you ought to dispose of these things one at a time. O.K. Make the record-- We have a motion and a second. Let the record reflect what Trela White has stated, and I would suggest a verbatim of that portion to the Council so that it's well understood. I have a motion to deny Mr. Williams to intervene on this discussion. Those in favor signify by saying "aye." Aye. - 34 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 Zimmerman: Marchese: Cassandra: Hester: Zibelli: Cassandra: Boronl: Hester: Boronl: Marchese: Boronl: Zibelli: Boronl: Cassandra: Boronl: Zimmerman: Boronl: Cassandra: Aye. Aye. Those against say "nay." Nay. Nay. 3-2, not to allow Mr. Williams to enter this discussion. Now we have a motion on the floor still pending, which was to direct Mr. Kirk Friedland to start procedures to appeal the Court Order, and that I think should have a roll call vote, please. Councilman Hester? To do what, appeal? No. Councilman Marchese? Aye. Councilwoman Zibelli? No. Mayor Cassandra? Aye. Vice Mayor Zimmerman? Aye. Vote 3-2. Mr. Friedland, you have been directed to appeal the Order. Don't get me in trouble. Proposed Ordinance No. 87-7 Re: Tradewinds Rezoning PUD - Verbatim Transcript Cassandra: We have now proposed Ordinance No. 87--I need a number. Rea: Seven. - 35 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 Cassandra: Friedland: Cassandra: Cheney: Rea: Cassandra: Hester: Cassandra: Hester: Cassandra: Hester: Zibelli: Is this the Order on Tradewinds Rezoning PUD? This Ordinance has been prepared by the City Attorney. Yeah, we have it here. We just received it. (Inaudible) The original ones? I passed out a corrected one. Right, and I have a corrected copy. O.K., Proposed Ordinance No. 87-7, on first reading by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ORDINANCE NO. 80-19 OF SAID~CITY BY REZONING SEVERAL PARCELS OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, FROM R-1-A (SINGLE FAMILY RESIDENTIAL DISTRICT), R-3 (MULTIPLE- FAMILY DWELLING DISTRICT), AND REC (RECREATIONAL DISTRICT) TO PLANNED UNIT DEVELOPMENT WITH A LAND USE INTENSITY OF 5.0 (PUD L.U.I. 5.0), SAID PARCELS BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE D~ATE; AND FOR OTHER PURPOSES" This is first reading. I need a motion. This motion, this particular Ordinance is to, that goes along with the Compliance of what we're about to appeal, right? Correct. O.Ko That is correct. According to what the Judge has said, right? I move that we approve proposed Ordinance No. 87-7 on first reading. Second. - 36 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 Cassandra: Boronl: Marchese: Boroni: Zibelli: Boroni: Cassandra: Boroni: Zimmerman: Boroni: Hester: Boronl: Cassandra: Ce De Zimmerman: Cassandra: Rea: Hester: Cassandra: I have a motion ~and a second on proposed Ordinance No. 87-7 on first reading. Any discussion? Betty? Councilman Marchese? Nay. Councilwoman Z i bel 1 i ? Aye. Mayor Cassandra? Nay. Vice Mayor Zimmerman? Nay. Councilman Hester? Aye. 3-2. That's a denial. 2-3, 2-3. Let the Court steno- grapher make the note. Resolutions None. Other 1. Kirk Friedland discussion of status of Tradewinds development and transmittal of appropriate material to Florida Department of Community Affairs - Verbatim Do we need another motion here to-- Do we make a motion to the affirmative, or do we leave it? You can if you want. I think by the vote to appeal and (inaudible). The double-whammy. Mr. Friedland, you're on next in reference to the transmittal letter. Do you feel, based upon - 37 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 the majority of this Council's actions, right now it is necessary for a transmittal letter discussion for your part? Friedland: Well, the drafting of the transmittal letter was done for further compliance with the Order, which you've now directed me to appeal. I think that discussion of the content of the transmittal letter is moot at this time. I will file the Notice of Appeal tomorrow, and that will entitle us to a Stay. I expect a hearing on whether the Stay will remain in effect quickly. Should the Stay be dissolved, then we will have to revisit the issue of the transmittal. Cassandra: Trela White, do you wish to comment at this particular time? White: I'd be glad to make a comment. For the record, my name is Trela White. I requested an oppor- tunity to speak earlier, such that my comments might be pertinent and relevant, and might be helpful. At this time, however, since you have already precluded my speaking earlier when the time was that it could be effective, and since your Attorney has already told you that you voted to appeal the Order, therefore, you have rendered my comments meaningless. I wish I could have spoken to you earlier. I felt that I could have cleared up a couple of items that might have aided this Council in this decision- making process, especially since you have entered into a voluntary stipulated settlement with the developer, Tradewinds, whom I represent. At this time, since your Attorney has already told you that my comments are of no consequence, there is really nothing more for me to say. Cassandra: Thank you anyway. White: I wish you would have allowed me to speak when the time was possible, thank you. Cassandra: Thank you. Discussion of establishing a procedure for reviewing Code Enforcement lien settlement offers Mayor Cassandra recalled at the last Council meeting there were two liens against violators of the City Code. Council - 38 - MINUTES - CITY CO'UNCIL MEETING BOYNTON BEACH, FLORID~A FEBRUARY 17, 1987 members were to consider what would be the best procedure for handling such cases. City Attorney Rea remembered the Council was of the opinion that only when a particular land owner was in compliance with all Codes would settlement possibly be considered. City Attorney Rea advised that would be the simplest approach to take. Mayor Cassandra was concerned that this would put a Stay on City Attorney Rea's action. City Attorney Rea advised that would not happen; he would still proceed with foreclosure. Mayor Cassandra asked if the land owner came into compliance and made an offer that was agreeable to the Council, if foreclosure proceedings would then stop. City Attorney Rea replied that the process would continue until the land owner complied. Council members were in agreement that this would be the best method for handling such cases. Expectations for members of City Boards when City liens have been filed against a Board Member Mayor Cassandra clarified, as shown in the Minutes of the last Council meeting, he did not call for the resignation of any Board Member, as stated in the Sun-Sentinel. Mayor Cassandra thought the Council should address what course to take if a Board member is in violation of any City Codes. Should he be asked to resign, should he resign voluntarily, or should he be asked to resign "for due cause as the Code reflects"? Councilwoman Zibelli asked if the Board member in violation was just ignoring the issue, or if he had an Attorney repre- senting him. Mayor Cassandra asked if the City was being sued. City Attorney Rea responded that the CEB voted to foreclose on one of his actions, and this Board member filed suit in December. However, the City has not been served yet. City Attorney Rea was not aware of what the complaint stated. Councilman Hester thought that when the new Commissioners took office, they should meet with all the Board members and explain to them that if a conflict arises, they would be requested or expected to resign. He thought perhaps some kind of motion or Ordinance was needed to clarify this situation. City Attorney Rea stated there is already a pro- vision that talks about the removal from Boards for cause. He added that violation of a City Ordinance would certainly be proper cause for removal. Since the term of the Board member in question expires in April of 1987, no action would probably be taken in this - 39 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 instance, but such action would occur in any future incident. Councilman Marchese stated no Board member should be treated any differently than any other violator, regardless of when his term expired. In response to Councilwoman Zibelli's inquiry, City Manager Cheney said the Board member's first response was to ask the CEB for a fine reduction, which was denied. City Manager Cheney repeated City Attorney Rea's comment that the City has not yet been served notice of any kind of suit. City Manager Cheney said the violation was resolved, but the fine ran until it was resolved. Mayor Cassandra said the bottom line was whether the Council wished to take action now or let it go, since his term expires in April. Mayor Cassandra recommended that the City Attorney advise the new Commissioners at the time of reappointment that this Board member is in violation and should not be re- appointed. City Manager Cheney suggested, as a part of the appointment procedure, making statements regarding expectations of Board members. Mayor Cassandra advised sending a letter to all Board members when packets are sent out to the various Boards which states that any Board member that violates the City Code will be removed from their Board. Vice Mayor Zimmerman suggested also quoting the provision in the Code as it is now written. City Manager Cheney thought a meeting of the various Boards should possibly be held, as well. Procedure to Select Attorney for Codes Enforcement Board City Manager Cheney advised that Trela White, Attorney for the Codes Enforcement Board, had resigned due to the fact of a possible conflict of interest since she is now working for the law firm which is representing Tradewinds. City Manager Cheney reported that she had been hired by the City as an individual, rather than as a member of a law firm or as a part of the City Attorney's staff for the City of West Palm Beach. City Manager Cheney said that, in the past, former City Attorney Vance had recommended an Attorney to the CEB. City Manager Cheney said the Council should decide whether City Attorney Rea should make a recommendation to the Council or to the CEB, and whether the City Council or the CEB should hire the Attorney, with City Attorney Rea suggesting names. City Manager Cheney stated that, since the CEB is a semi- - 40 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 independent body, perhaps they should select their own attorney, with suggestions coming from the City Attorney. City Manager Cheney said the Council could also make recom- mendations. City Manager Cheney reported that Trela White had agreed to act as Attorney for the February meeting. A new Attorney will be needed for the March meeting. Mayor Cassandra explained to Councilwoman Zibelli that former City Attorney Vance had recommended Ms. White to the CEB, and the CEB had accepted his recommendation. Mayor Cassandra suggested City Attorney Rea submitting names to the CEB for consideration. City Attorney Rea could list the names in priority order, if the Board so suggested, but the final decision would be with the CEB, since the Attorney represents them. OLD BUSINESS None. NEW BUSINESS None. ADMINISTRATIVE A. Discussion of Fire Pension Board concerns Status of Florida League of Cities challenge of 1986 legislation concerning Pension Programs Mayor Cassandra explained there was concern that the new State Pension Board regulations were not being complied with. These regulations would require that the City select two of the five members to the Pension Board, two would be elected, and the fifth would be selected by the Board. The City could still name the Mayor as one of their selections, but the Mayor would no longer be an automatic appointee. City Manager Cheney advised that the City has joined with several other Cities to challenge that legislation passed by the 1986 Legislature. City Attorney Rea reported that the matter is still pending. He believed the matter would be resolved within the next three to five months. City Attorney Rea stated that one of the problems is the City had not been able to obtain an injunction stating their objection to the State statute, but they challenged it indirectly by attacking the administrative rules that implement the State statutes. City AttOrney Rea said the City could appoint individuals, - 41 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 not in their official capacity (i.e. the Mayor or Fire Chief), but as individuals. As far as the City is concerned, the matter Will be resolved shortly. Mayor Cassandra asked what he should advise the Fire Pension Board. City Manager Cheney said that the configuration should stay as it has been for now. Consider request to amend provision for retirement benefits being based on last "consecutive" years vs. "highest" years City Manager Cheney explained that when a person retires, the retirement benefit is based on the last sixteen con- secutive months. Normally, the last sixteen consecutive months would be the highest sixteen consecutive months. When City Manager Cheney heard the proposal to change the wording from "consecutive" to "highest", he assumed someone was afraid they would be demoted before retirement. However, the request was based on the incident of a firefighter, who in 1980 when there was a shortage of paramedics, worked many overtime hours as a paramedic, earning a large amount of money. In this employee's case, when he retires, that high income year will not be one of his last years, and his benefits would not be based on that amount earned. City Manager Cheney asked the Council if they wanted to con- sider~aking such a change. He did not think a benefit change could be made without getting the State's approval. City Manager Cheney advised that, financially, it would not make much of a difference. Mayor Cassandra asked if City Manager Cheney could present dollar figures of how much of a difference would be involved. City Manager Cheney said that could not be done without the actuary. He said if it was changed now, the actuary would never be able to trace it through, because it would be unfunded liability over the next 20-30 years as a part of the whole insurance package. Mayor Cassandra asked City Manager Cheney to summarize his concerns in a memorandum to Council members, and City Manager Cheney agreed to do so. B. Community Relations Board Report 1. Date for Youth in Government Day Mayor Cassandra stated that the Youth in Government Day had been set for April 23, 1987. The date was agreeable with Council members. - 42 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 2. Request $10,000 for Summer Youth Employment Program Councilwoman Zibelli expressed her concern that the employment be awarded to the most needy of the youths. City Manager Cheney advised that he would put this matter on another Agenda for discussion. Consider appointment to Countywide Planning Council - Requested by Vice Mayor Carl Zimmerman Vice Mayor Zimmerman reported that on February 25, 1987 at 7:30 P.M. in the West Palm Beach Commission Chambers, the Municipal League will meet and vote on those people nominated to represent the municipalities on the Planning Council and any nominations from the floor that might be presented at that meeting. Vice Mayor Zimmerman advised the Council of who the nominees were. Vice Mayor Zimmerman said he could either vote for those nominees or could nominate someone else. Vice Mayor Zimmerman stated that Boynton Beach is in District 3, and City Manager Cheney said that Vice Mayor Zimmerman would vote for a representative in each District. The Council members recommended that Vice Mayor Zimmerman vote for the nominees listed, with the exception of District 3, where they requested that he vote for their original nominee, City Attorney Raymond Rea. City Manager Cheney thought the other Cities in District 3 probably did not want to have representation from the third largest City in the South County (Boynton Beach), since Delray Beach and Boca Raton already had representatives. Vice Mayor Zimmerman said that point of view was expressed at the Committee meeting. OTHER None. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 11:26 P.M. - 43 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1987 ATTEST: f//- City Clerk Recording -Secretary (Four Tapes ) CITY OF BOYNTON BEACH, FLORIDA ~ Mayor - -~ Vi ce Mayor r t.~. CGun¢i lman / / Count± lwoman - 44 - AGENDA February 17, 1987 CONSENT AGENDA ADMINISTRATIVE ALMAR CHEMICAL COMPANY BeaUti-green, Turf-iron & Patchit Pay from Golf Course 411-726-572-30-21 " " " " 411-726-572-30-66 382.25 777.00 BARKER UNIFORMS~ INC. Uniforms for central office supply Pay from Gen. Fund 001-000-141-03-00 CHEMPACE OF FLORIDA Supplies for golf course Pay from Golf Course 411-726-572-30-61 1006.80 411-727-572-30-45 127.00 DOS COMPUTERS, INC. Upgrade IBM pc xt Pay from Gen. Fund 001-131-513-60-7B 001-133-513-60-7B 001-134-513-60-7B 001-721-572-60-7B 001-151-515-60-7B 001-211-521-40-3G 001-221-522-40-3G 001-221-522-40-3G 133.00 133.00 133.00 133.00 133.00 133~00 133.00 133.00 DRIVCO, INC. 8 Safety T Plus steering controls Pay from Gen. Fund 001-221-522-60-82 FIBREBOND CORPORATION Fibrebond telecommunications shelter Pay from Blg. Improvement Fund 304-194-519-60-29 FLORIDA DIESEL TRUCK & INDUSTRIAL INC. R & R engine, disassemble & rebuild Pay from Vehicle Service Fund 501-193-519-40-32 FLORIDA EAST COAST RAILWAY CO. Ann~al billing/various pipeline crossings Pay from W & S Rev 401-333-533-40-99 " " " 401-352-535-40-99 850.00 700.00 FLORIDA SERVICE ENGINEERS INC. Service calls to Water Treat Plant Pay from Water & Sewer Revenue 401-332-533-40-33 COUNCIL A P, PROyED: Meeting 1,159.25 1,153.08 1,133.80 1,064.00 3,100.00 23,961.00 5,506.32 1,550.00 1,790.25 10,. 13. KIRK FRIEDLAND~ ESQUIRE Professional Services/Tradewinds Pay from Gen. Fund 001-141-514-40-61 GREATER BOYNTON BEACH CHAMBER OF COMMERCE Chamber of Commerce services 1/31/87 Pay from Publicity Fund 101-191-519-40-54 IBM CORPORATION Charges for Copier III Pay from Various Funds IBM CORPORATION Maintenance Service for February 1987 Pay from Various Funds JONES CHEMICALS INC. Hypochlorite Solution & Chlorine for Water Treat Plant Pay from Water & Sewer Rev. 401-332-533-30-63 15. KARSTEN MANUFACTURING CORP. 16. 19. 22. Supplies for Golf Course Pay from Golf Course 411-000-142-01-00 MANSFIELD OIL COMPANY Gas, Oil & Lube Pay from Vehicle Service Fund 501-193-519-30-21 17. WM. M. MERCER-MEIDINGER INC. Quarterly billing for services Pay from Retirement Trust Fund 611-137-513-20-29 18. NATIONAL TRANSMISSIONS INC. Complete rebuild Allision 653 Pay from Vehicle Service Fund 501-193-519-40-32 DANIEL O'CONNELL INC. Payment # 6 BB Boat Club Park Exp. Pay from Utility Service Tax Fund 302-722-572-60-3L PALM BEACH SOLID WASTE AUTHORITY Use of County Landfill for January 1987 Pay from Sanitation Fund 431-341-534-40-9A 21. SOUTH CENTRAL REGIONAL WASTEWATER TREATMF2NT & DISPOSAL BOARD User charges/service rendered for January 1987 Pay from Water & Sewer Revenue 401-353-535-40-9I S.G. PHILLIPS CORPORATION Construction of PLant Expansion Project-SCRWTD Plant City of Boynton Beach's portion. Pay from 1985 Constr. Fund 409-000-169-12-00 1,044.10 1,375.00 3,329.15 1,089.50 2,681.20 1,703.60 6,113.45 1,250.00 1,913.00 4,593.00 90,534.58 114,354.56 46,319.23 COUNC t aP PROVED: Mee tin 24. 25. SOUTHLAND ENGINEERING CONTRACTORS INC. Payment for work on New US Postoffice Lift Station & Force Main Pay from Utility Capital Impr Fund 404-000-169-11-00 PUBLIC SAFETY DEVICES 40 boxes Scott Reagent System (tests for cocaine) Pay from General Fund 001-211-521-30-8A UNIJAX INC. Supplies for various departments pay from various departments 26. WILCOX INDUSTRIAL SERVICE INC. 27. 28. 29. 30. 31. 32. Rebuild motor & clutch for LS#309 Pay fromWater & Sewer Rev 401-352-535-40-33 CHARLIEANDREWS Driver for Senior Citizens Club 4 weeks pay from Federal Revenue Sharing 302-641-564-40-5A (per Ordinance # 73-15, passed 5/15/73) WILLIE RUTH MC GRADY Server for Senior Citizens Club 4 weeks Pay from Federal Revenue Sharing 302-641-564-40-5A (per Ordinance # 73-15, passed 5/15/73) CUES, INC. 1000 ft. Steel Armored TV Cable Pay from W & S Revenue 401-351-535-60-42 MARTIN ASSOCIATES INC. Power Directors for IBM pc, disketts & storage boxes Pay from Various Funds RANGER CONSTRUCTION INDUSTRIES INC. Resprfacing roadway per PO # 67261 Pay from Local Option Gas Tax Fund 104-000-245-02-00 SOUTHFXRN PAPER COMPANY Cases of paper for Central Office Supplies Pay from General Fund 001-000-141-01-00 33. SAEPPALA &AHO OF FL. INC. Phase I Communication & Dispatch Center Pay from Building Impr. Fund 304-194-519-60-29 304-211-521-60-29 34,740.00 34,740.00 34. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BRD Project services rendered during Construction- Plant Expansion Pay from Utility General Fund 403-000-169-12-00 20,000.00 1'035.00 4,259.99 2,530.59 255.36 266.76 3,846.59 1,284.00 141,440.58 5,135.50 69,480.00 3,006.39 COUNCIL APPROVED: The bills described have been approved and verified by the department heads involved, checked and approved for payment by the Finance Director. Gra~rector I therefore recon~nend payment of these bills. Cheney, City Manager ,COUNCIL A PROVED: