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Minutes 02-03-87MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, FEBRUARY 3, 1987 AT 7:30 P.M. PRESENT 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. Mayor Cassandra announced the death of George DeLong and said that the City Council had lost a good friend. He called for a moment of silent prayer for Mr. DeLong and his family. Mayor Cassandra then led the Council and the audience in the Pledge of Allegiance to the Flag. AGENDA APPROVAL City Manager Cheney added two bills under "CONSENT AGENDA, R. Approval of Bills": Miller, Meier, Kenyon & Cooper Architects for $43,784.00 and $7,050.75. Under "OPENINGS, E. Announcements", City' Manager Cheney deleted the "Poppy Days proclamation, added another proclamation, and also ~dded an announcement. City Manager Cheney further added Drdinance No. 87-6 under "LEGAL, B. Ordinances - 1st Reading." City Manager Cheney said this Ordinance was a correcting Ordinance for Ordinance No. 86-53. ~ouncilman Hester moved to accept the agenda as corrected. The motion, seconded by Councilwoman Zibelli, carried 5-0. ANNOUNCEMENTS Mayor Cassandra made the following announcement: A.A.R.P. Tax Assistance will be given at Boynton Beach City Hall on the second floor on February 2 through April 15, 1987 each Monday, Wednesday and Friday from 9:00 A.M. to 4:30 P.M. Mayor Cassandra read the following proclamation: American History Month - February, 1987 City Manager Cheney made one announcement: He said it was necessary to have a Special City Council meeting after filing for the election is closed in order - 1 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1987 to adopt the appropriate Resolutions. It was decided to meet at 6:00 P.M. on Wednesday, February 11, 1987. City Manager Cheney also mentioned the request made by the Youth Advisory Council for a Workshop with the City Council. It was decided the Council would meet with the YAC following the Special City Council meeting at 6:10 P.M. CITY MJ~NAGER'S REPORT Purchase of City Lot City Manager Cheney said that at the last Council meeting, Wilda Searcy had asked about the procedure for her sister to  uy a vacant piece of land on N.E. 13th Avenue owned by the ity. City Manager Cheney advised that an appraisal would be made of the property and the land would then be put up for sale, ~f the Council was in agreement. In the past, the adjacent property owner has been given the right of first refusal for the property. The minimum bid would be the appraisal bid. ~he highest bidder could buy the property with the condition ~hat they build on that property within two years; if the purchaser does not build within tw° years, the property Would revert to the City. City Manager Cheney said this would keep someone from buying the land for speculation. In response to Mayor Cassandra's inquiry, City Manager Iheney said he suggested two years to build, because of inancial situations that could occur. He agreed that the orter the length of time given, the better. City Manager eney said if the Council agreed to the procedure, the ~ppraisal could be obtained, and the length of time could be decided upon at a later time. Mayor Cassandra asked Mrs. Searcy if she had any objections to this procedure. Mrs. Searcy replied that she was in greement with the procedure. As there was no objection rom the Council, City Manager Cheney announced that he ould proceed in the manner explained. Sidewalk Problem on Ocean Drive City Manager Cheney reminded members that Vernon Allinson ad complained about a sidewalk problem at the Glenhurst xecutive Plaza construction site on Ocean Drive at the last ouncil meeting. City Manager Cheney stated there is a onstruction trailer on that property that has been there or some time. He further advised that no construction has - 2 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1987 begun yet. The permit for the trailer ends on February 6, 1987. On February 6, the builders will be told to remove the trailer, clean up the area, and repair the sidewalk. Mr. Allinson will be notified by the City of the action taken. District 28 Subdelegation Meeting City Manager Cheney reported that a letter was received from State Representative Frank Messersmith indicating that the District 28 Subdelegation Meeting will be held in the Boynton Beach City Hall Council Chambers on February 10, 1987 at 10:00 A.M. Testimony and interests of the City relative to legislation will be presented at that time City Manager Cheney explained that the entire delegation would not be present, but rather a subdelegation consisting of Frank Messersmith, Eleanor Weinstock, and probably Steve Press. ~ity Manager Cheney asked the Council to advise him of any · ssues they wished to be presented at the meeting. City Manager Cheney stated that he would be discussing library construction money and the unfair treatment of municipal libraries vs. county libraries in the State of Florida. Florida League of Cities Meeting 2ity Manager Cheney reported that he and several members of ~he Council attended the Florida League of Cities meeting. ~e said there were speeches indicating improvements for the nunicipalities since the new Governor is a former Mayor. ~ity Manager Cheney noted the Legislature and bureaucracy night get in the way, but he felt there was at least hope for the Cities. Tradewinds Case ity Manager Cheney stated that the City received a signed rder relative to the Tradewinds situation. City Attorney Rea has arranged with Attorney Friedland to discuss the Order and the City's options at the next City Council meeting. Mayoral Eligibility ~ity Manager Cheney told Council members they had received ~opies of the issue of the eligibility of Bob Ferrell to run for Mayor. City Attorney Rea explained there was a request for an emergency hearing that would be held Wednesday morning, February 4. He commented that the judge would probably set a date of up until February 10 to resolve the issue. - 3 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1987 Tree City U.S.A. City Manager Cheney said a letter had been received from the National Arbor Day Foundation stating Boynton Beach had been named a "1986 Tree City U.S.A." for the fourth or fifth consecutive year. Mayor Cassandra noted that with the new program of giving trees to citizens, the' City would.probably receive the distinction in 1987 as well. City Manager Cheney added that a formal presentation of this award would be made at a later date. 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. As no one wished to speak, THE PUBLIC AUDIENCE WAS CLOSED. CONSENT AGENDA A. Minutes Regular City Council Meeting Minutes of January 20, 1987 Special City Council Meeting Minutes of January 23, 1987 Mayor Cassandra noted that on page 5, paragraph 2 of the minutes of January 20, 1987 the clause "the City is going in two different directions" should read "the Intervenors are going in two different directions." B. Bids 117 Tons of Anthracite and 110 Tons of Gravel - Utilities The Tabulation Committee recommended awarding the bid to Bos Sand Company, Frankfort, Illinois, in the amount of $34,509.04. - 4 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1987 Sewer repair and reconstruction on S.W. 30th Avenue and S.E. 1st Street John Guidry, Director of Utilities, recommended in his memos of January 28, 1987 awarding the bid to Johnson & Davis, Inc. in the amount of $8,500 for work on S.W. 30th Avenue and the amount of $10,950 for work on S.E. 1st Street. Total Bid - $19,450. Two (2) External Pacemakers Armstrong Redi-Pace Field Model - Fire Department (Deleted from the 1/20/87 Agenda) iilliam Sullivan, Purchasing Agent, in his memo of January 9, 1987, advised that the apparent low bidder was Counts escue Equipment. However, upon determination that they did not meet minimum specifications, it was recommended that the bid be awarded to Aero Products, Inc. in the amount of $2,335 per unit. Total Bid - $4,670. Bulletproof - Safariland Body Armor Vests - Police Department William Sullivan, Purchasing Agent, in his memo of January 8, 1987, recommended awarding the bid to Lawmen's & Shooters upply, Inc., Ft. Pierce, Florida, in the amount of $3,284.80. C. Resolutions Proposed Resolution No. 87-E Re: Final Plat approval for Hunters Run Tract "G" (North of Summit Drive and South of the L-28 Canal) "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR TRACT "G" AT HUNTERS RUN IN SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST, AND SECTION 6, TOWNSHIP 46 SOUTH, RANGE 43 EAST" Proposed Resolution No. 87-F Re: Final Plat approval for Lakeshore at the Meadows, Tract "K" (North of the L-19 Canal and South of Meadows Blvd.) "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR LAKESHORE AT THE MEADOWS, A REPLAT OF TRACT "K" OF PLAT NO. 3, MEADOWS 300 AS RECORDED IN BOOK 48, PAGES 196 THRU 200, IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST" - 5 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1987 Proposed Resolution No. 87-G Re: Deeding of property back to Town of Hypoluxo "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN WARRANTY DEED CONVEYING PROPERTY TO THE TOWN OF HYPOLUXO, A COPY OF SAID DEED BEING ATTACHED HERETO AS EXHIBIT 1; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" City Manager Cheney explained that this piece of land, north of the Crossings, was given to the City in connection with the Crossings and with the installation of a lift station. At that time, the land was all dedicated to the City of Boynton Beach by the developer and the owner; however, -the City line of Hypoluxo runs through the middle of the property. The land in Hypoluxo should have been dedicated to the Town of ypoluxo. The City of Boynton Beach is now giving the land o Hypoluxo that should have been theirs, excluding the land the lift station is sitting on. Tom Clark, City Engineer, advised that the land being given is slightly over one acre. D. Development Plans None. Approve transmittal of Road Impact Fees to Palm Beach County and County Use of Impact Fees By letter dated December 29, 1986, G. Haney Frakes, Jr., ssistant County Engineer, listed approved projects being unded with monies collected ($1,868,296) in Impact Fee ones 25 and 28. F. Approve extending contract for water meters with Neptune Meter Company In a memo dated January 5, 1987, William Sullivan,  urchasing Agent, recommended extending the contract held ith Neptune Meter Company since August, 1979. G. Ratification of South Central Regional Wastewater Treatment and Disposal Board action of January 15, 1987 Accepting portions of the ongoing plant expansion for substantial completion Entering into the Industrial Waste and Pretreatment Agreement - 6 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1987 Approve execution of amendment to contract between S. G. Phillips and the City to allow for reduction of retainage Accept quarterly report submitted by Boynton Beach Chamber of Commerce The report listed 1,824 inquiries answered and $13,003.31 in expenditures, including City of Boynton Beach Contract Payments ($4,125.00) and the difference paid by the Chamber of Commerce ($8,878.31). Proposal to approve private laboratory services for independent testing - Utility Department In memo dated December 17, 1986, John Guidry, Utility Director, outlined the need to have an outside lab perform certain tests on raw ~water. He recommended sending the water sample to CompuChem Laboratories. The cost of testing will be $2,562 ($1,483 plus $379 for radionuclides and $700 for total TCDD). Ke Consider request submitted by David Rowe, Project Manager of J. J. Walsh Construction Company, for approval to place an office trailer in conjunction with the construction of Manor Care, Inc., located at 3005 South Conqress Avenue The Building Department recommended approval. Site plan approval and permits have been obtained. The trailer will remain on site for approximately five months or the duration of the project. ne Approve Change Order No. 1 - Test/Production Well Program - Part B - Raw Water Main The changes in the contract with Madsen/Barr Corporation will increase the contract price from $219,902 to $232,785.48. This is an increase of $12,883.48. The change was recommended by John Guidry, Director of Utilities, on January 27, 1987. Me Approve authorization for disposal of records - City Clerk's Office The City Clerk requested permission to dispose of records in Memo No. 73, dated January 28, 1987. Approve installation of new electrical service to Boynton Radio Building from existing generator building It was recommended that the City contract with Edwards Electric Corporation, West Palm Beach, Florida, for the electrical work in the amount of $2,680. - 7 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1987 O. Approval of $37,600 for additional utility work on North Seacrest Boulevard John Guidry, Director of Utilities, in his memo dated January 29, 1987, recommended awarding the project to Lanzo Construction Company, Pompano Beach, Florida, in the amount of $37,600. P. Approve Emergency Bypass Repairs at Lift Stations 359, 356, 317 In his memo dated January 28, 1987, John Guidry, Director of Utilities, recommended payment in the amount of $6,963 for the repairs. Approve Amendment to Agreement between Palm Beach County Housing and Community Development and the City of Boynton Beach This amendment is required to allow the County to pay engi- neering fees authorized under an expired contract and which are required for the comprehensive street improvements program in the Cherry Hills area. It also extends the expiration date of the current contract in order to facilitate payment for these services. R. Approval of Bills See list attached. Two bills were added for payment: Miller, Meier, Kenyon and Cooper Architects in the amounts of $43,784 and $7,050.75. Councilman Hester moved to approve the Consent Agenda, items A, 1, with the correction, 2; B, 1, 2, 3, 4; C, 1, 2, 3; E; F; G, 1, 2; H; I; J; K; L; M; N; O; P; Q; and R, with the addition of the bills listed above. The motion was seconded by Councilwoman Zibelli and carried 5-0. ~IDS None. pUBLIC HEARING None. DEVELOPMENT PLANS None. - 8 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1987 LEGAL ae Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 86-48 Re: Rezoning - PCD Center City Attorney Rea requested that this Ordinance, which had been continued, stay continued until the next meeting on February 17, 1987. The public hearing on this Ordinance was held and closed on December 16, 1986. Councilwoman Zibelli moved to CONTINUE Ordinance No. 86-48 until the meeting of February 17, 1987. The motion was seconded by Vice Mayor Zimmerman and carried 5-0. Proposed Ordinance No. 87-1 Re: Changes in the Florida State Statutes concerning the Code Enforcement Board City Attorney Rea read proposed Ordinance No. 87-1 on second and final reading by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE V CODE ENFORCEMENT BOARD, SECTION 2-73 THROUGH SECTION 2-81; PROVIDING AUTHORIZATION FOR THE CREATION OF MORE THAN ONE BOARD; PROVIDING NEW NOTIFICATION PROCEDURES; PROVIDING NEW HEARING PROCEDURES; PROVIDING FOR THE ELIMINATION OF HEARING FOR REPEATED VIOLATIONS; PROVIDING FOR S~ORTENED FORECLOSURE TIMES; PROVIDING LONGER DURATIONS FOR LIENS; PROVIDING FOR ALTERNATIVE NOTIFICATION PROCEDURES; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES" ayor Cassandra asked if anyone wished to speak in favor f 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. Vice Mayor Zimmerman moved to adopt Ordinance No. 87-1 on second reading. The motion was seconded by Councilwoman Zibelli. A roll call vote on the motion was taken by Mrs. Boroni: - 9 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1987 Councilman Marchese Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Hester Aye Aye Aye Aye Aye The motion carried 5-0. Proposed Ordinance No. 87-2 Re: Amendment to towing of vehicles City Attorney Rea read proposed Ordinance No. 87-2 on second and final reading by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ~PEALING ARTICLE III, CHAPTER 10, "ABANDONED, WRECKED OR UNKED VEHICLES , OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; BY ENACTING A NEW ARTICLE III, "ABANDONED PROPERTY", TO PROVIDE FOR THE DISPOSITION OF WRECKED AND ABANDONED PROPERTY WITHIN THE CONFINES OF IOYNTON BEACH, FLORIDA; BY ENACTING A NEW SECTION 10-50, DEFINITIONS"; BY ENACTING A NEW SECTION 10-51, "ABANDONMENT F, PROPERTY OR WRECKED OR INOPERABLE MOTOR VEHICLES ON UBLIC PROPERTY PROHIBITED AND DECLARED A NUISANCE", ROVIDING FOR A PROHIBITION AGAINST THE STORAGE OF ABANDONED, NRECKED OR INOPERABLE MOTOR VEHICLES ON PUBLIC PROPERTY AND PROVIDING A NOTICE PROVISION PROVIDING FOR REMOVAL OF SAID PROPERTY; BY ENACTING A NEW SECTION 10-52 "STORING, PARKING, DR LEAVING WRECKED OR INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY, PROHIBITED AND DECLARED A NUISANCE; EXCEPTIONS", PROVIDING A PROHIBITION AGAINST THE STORAGE OF PERSONAL PROPERTY ON PRIVATE REAL PROPERTY, PROVIDING FOR EXCEPTIONS, ROVIDING A NOTICE CLAUSE, PROVIDING A HEARING, AND PROVIDING OR REMOVAL OF THE PROPERTY; BY ENACTING A NEW SECTION 10-53 "NUISANCE ABATEMENT BID PROCEDURE"; BY ENACTING A NEW SECTION 10-54 "ASSESSMENT OF cosTs, INTEREST AND ATTORNEY FEES; LIEN", PROVIDING FOR THE ASSESSMENT OF COSTS AND ENFORCEMENT OF SUCH COSTS; PROVIDING A GENERAL REPEALER ~LAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE" ~ayor Cassandra asked if anyone wished to speak in favor of ~he proposed Ordinance. There was no response. Mayor ~assandra asked if anyone wished to speak against the pro- posed Ordinance, and there was no response. THE PUBLIC -~EARING WAS CLOSED. ~ouncilman Hester moved to adopt Ordinance No. 87-2 on ~econd and final reading. The motion was seconded by ~ouncilman Marchese. A roll call vote on the motion was ~aken by Mrs. Boroni: - 10 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1987 Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Hester Councilman Marchese Aye Aye Aye Aye Aye The motion carried 5-0. Proposed Ordinance No. 87-3 Re: Rezoning - Cross Creek City Attorney Rea read proposed Ordinance No. 87-3 on second and final 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 A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, FROM R-3 (MULTIPLE-FAMILY DWELLING DISTRICT) TO PCD (PLANNED COMMERCIAL DISTRICT), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; 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 then asked if anyone wished to speak against the proposed Ordinance. As there was no response, THE PUBLIC HEARING WAS CLOSED. Councilman Marchese moved to adopt proposed Ordinance No. 87-3 on second and final reading. The motion was seconded by Councilman Hester. Vice Mayor Zimmerman stated that he was not satisfied with any part of Cross Creek Shopping Center. A roll call vote on the motion was taken by Mrs. Boroni: Mayor Cassandra - Aye Vice Mayor Zimmerman - Nay Councilman Hester - Aye Councilman Marchese - Aye Councilwoman Zibelli - Aye The motion carried 4-1. Proposed Ordinance No. 87-4 Re: Rename "Mayor and City Council" to "Mayor and City Commission" City Attorney Rea read proposed Ordinance No. 87-4 on second and final reading by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, FINDING AND DECLARING THAT HENCEFORTH THE - 11 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1987 NAME OF THE LEGISLATIVE BODY OF THE CITY OF BOYNTON BEACH, FLORIDA, SHALL BE THE CITY COMMISION OF THE CITY OF BOYNTON BEACH, FLORIDA WITH THE OFFICE OF THE LEGISLATIVE MEMBERS BEING ENTITLED COMMISSIONER, ONE OF WHOM SHALL ALSO CONTINUE TO HOLD THE OFFICE, AND ADDITIONAL TITLE, OF MAYOR, ONE AS VICE-MAYOR; PROVIDING FOR DIRECTION TO THE CITY ADMINISTRATION AND CITY ATTORNEY'S OFFICE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE" ayor Cassandra asked if anyone wished to speak in favor of he proposed Ordinance. There was no response. Mayor Cassandra asked if anyone wished to speak against the pro- posed Ordinance, and there was no response. THE PUBLIC HEARING WAS CLOSED. Councilwoman Zibelli moved to adopt proposed Ordinance No. 87-4 on second and final reading. Councilman Marchese seconded the motion. ayor Cassandra asked if "being entitled Commissioner, one f whom shall also continue to hold the office, and addi- tional title, of Mayor" implied two titles. City Attorney Rea explained that as the entire legislative body has been referred to as the Council even though separate seats were established for Mayor and Vice Mayor, now the entire body would be referred to as the Commission, but there would still be the individual titles. He answered that the wording ~id imply two titles: that of Commissioner and the individual titles of Mayor and Vice Mayor. 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 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 first reading by title only: - 12 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1987 "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 had a comment regarding item (f), which had been added to Section 1 of the proposed Ordinance. Mayor Cassandra stated that he deals with General Services Administration, and they do not always have the least com- petitive bid. He wondered how purchasing would be handled if someone in the commercial market had a better price than GSAC or the State of Florida. City Manager Cheney assured him the City tries to find the lowest price. He said the main reason for using the other agencies is that on some of the more complicated products, they have the expertise to write specifications. ayor Cassandra asked if the wording could imply that the ity will purchase from the lowest bidder. He said his only oncern was that the City would get the best price and that here would be some insurance for the City in the wording of he Ordinance. City Manager Cheney said that, generallY, he City has gotten better prices from State bids than from public bidding. Mayor Cassandra thought the issue could be ~iscussed further at second reading, if necessary. Ioun¢ilman Hester moved to adopt Ordinance No. 87-5 on first eading, and the motion was seconded by Vice Mayor Zimmerman. ~ roll call vote on the motion was taken by Mrs. Boroni: Councilman Hester Councilman Marchese Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman - Aye - Aye - Aye - Aye The motion carried 5-0. Proposed Ordinance No. 87-6 Re: Correcting Error in Legal Description in Ordinance No. 86-53 City Attorney Rea read proposed Ordinance No. 87-6 on first ~eading by title only: - 13 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1987 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 1 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 IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Councilman Hester moved to adopt proposed Ordinance No. 87-6, which amends Ordinance No. 86-53, on first reading. The motion was seconded by Councilwoman Zibelli. A roll call vote on the motion was taken by Mrs. Boroni: Councilman Marchese Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Hester Aye Aye Aye Aye Aye The motion carried 5-0. C. Resolutions None. D. Other Approve draft lease form and report on rebidding Golf Course Food Concession City Manager Cheney reported that negotiations for con- cessionaire leases will begin with the Golf Course, the Beach, and the Boat Club Park. He advised that the City Wants to have a standard concession lease, which would be a base price with a percentage of the gross. City Manager Cheney recommended rebidding the Golf Course concession, because another potential concessionaire, who has had many years experience in Golf Course concession operation, has indicated interest in the Golf Course. In response to Mayor Cassandra's inquiry, City Attorney Rea answered that the City would be fully protected by the legal contract presented by City Manager Cheney. City Manager Cheney said if the Council agreed with this legal form, the City would proceed to rebid the Golf Course concession and negotiate with the other two concessions. - 14 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1987 The City Council expressed agreement with proceeding in this manner. 2. Discussion of establishing a procedure for reviewing Code Enforcement lien settlement offers City Attorney Rea reminded the Council that they had just passed an Ordinance that would streamline Code Enforcement procedures. One of the ramifications of that Ordinance will be that a number of Code Enforcement foreclosures will take place. With this type of litigation, City Attorney Rea ~dvised, there is the potential for the defendents to make offers to settle quickly, at a cost savings to themselves. The Council needs to decide how they will handle this proce- aure. ity Attorney Rea advised the cases could not be brought ack to the Codes Enforcment Board, as they would no longer have legal jurisdiction. He stated it must be de6ided who ~ould make the decision of settlement. Technically, any Foreclosure procedure or lien imposed by the CEB is a debt ~wed to the City. City Attorney Rea explained the City has the prerogative of whether or not to settle the issue. City Attorney Rea stated that from the standpoint of time, if the Council prefers not to settle these cases in an attempt to keep a quick pace and accomplish as much as possible, it would be futile for the Staff or himself to deal with anyone making a settlement offer. If someone makes an offer, City Attorney Rea said he is obliged to present it to the Council. City Attorney Rea stated he is primarily seeking a policy statement from the Council as to ihether or not they are willing to have these settlement asea. He repeated that hearing, these cases would be an pportunity to quickly remedy the situation. ayor Cassandra thought it would be advantageous to give the efendant a chance to make an offer in the interest of time. However, the issue should be settled within a short period of time, or it would go to foreclosure. With foreclosure, Mayor Cassandra stated, there would be a loss to the City, either in loss of time of the City Attorney or else in fees paid to another Attorney handling the foreclosure. Vice Mayor Zimmerman commented that at the last CEB meeting, ~he Board Attorney, Trela White, determined that if a fine is ~ssessed by the Board and the 30 days expire, the defendant does not have the right to appeal the decision in Court; ~urthermore, the CEB is not allowed legally to reduce or mliminate the fine. - 15 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1987 City Attorney Rea explained that even after the right to appeal has expired, the City initiates a separate action of foreclosure. At that time, the person being foreclosed upon has a second chance to challenge the legal validity of the lien. Even when the City enters into litigation, they may not obtain the full amount of the lien. Mayor Cassandra asked City Attorney Rea what his recommendation would be. City Attorney Rea replied that the City has the right to settle these issues on a regular basis, if they wish to do so. He said the decision was a public policy decision as to whether the Council feels that settling the litigation would be usurping the authority and the work of the CEB. Mayor Cassandra asked if City Attorney Rea was recommending that the Council let the Court decide the amount the City would e paid. City Attorney Rea replied that he had just stated ~oth sides of the issue, not necessarily his recommendation. Councilman Hester stated his understanding of the issue was that the Council must decide whether they want the City Attorney to decide on a settlement, if one is offered, or hether they want the Court to decide settlement of that case. He asked if accepting an offer of settlement would be undercutting the CEB. Councilman Hester stated that the City serves a lien and it goes to Court, and he wondered if there as the possibility of settling out of Court once the case Was in Court. If a settlement offer was made, City Attorney Rea responded, it would be up to the Council whether to accept it. ~ayor Cassandra inquired if a decision needed to be made ~at night, and City Attorney Rea answered that a decision ~id not have to be made immediately. Mayor Cassandra suggested Butting the matter on the Agenda for February 17 for final ~ecision. City Manager Cheney advised that settlement should never even be ~iscussed unless the violation has been corrected. Vice Mayor Zimmerman felt that to reduce the payment would be undercutting the CEB's authority, unless there were very peculiar circumstances. In that case, the City Attorney could bring the case to the Council. Mayor Cassandra commented that the Council was in a difficult position, as one of the defendants was on one of the City Boards. Mayor Cassandra advised that, according to the Charter, the Council has the right to remove any Board member who has violated City Codes. For the February 17 Council meeting, Mayor Cassandra also felt the Council should decide if they wish to take action on any Board members who have violated the - 16 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1987 City Code and against whom the City has aiien being turned over for foreclosure. Mayor 'Cassandra hoped that any Board members in this ~ituation would voluntarily resign from the Board on which they serve, in order to prevent embarrassment to themselves or to the City. OLD BUSINESS A. Countywide Planning Commission Vice Mayor Zimmerman reported that the Planning Council will have 17 members. Some of those members are now appointed. There are two County Commissioners on this Council and four appointments have been made by the County Commission. The Municipal League is to appoint nine members; three of the nine will actually be appointed by the three largest cities (Delray each, Boca Raton and West Palm Beach), and the League will just approve them. The six others appointed by the Municipal League will be chosen from nominees submitted by every other Council and Commission in the County. (City Attorney Rea has been nominated by Boynton Beach.) Vice Mayor Zimmerman advised that the list of names submitted should be prepared soon and said when he receives the list, he will send copies to Council Members. Vice Mayor Zimmerman said Council members should decide if they would like resumes of each nominee attached to their list of nominees. Vice Mayor Zimmerman explained that the next step of the Municipal League is to set up a Committee to screen and nominate their choices from the list of names submitted. That Committee will be composed mostly of members of the Board of Directors of the Municipal League; however, some members of the Board will be applicants for the Planning Council, and they must step down due to conflict of interest. The League Board has appointed several others to replace them on the Committee. Vice Mayor Zimmerman stated that this Committee would hold two meetings next week: one on Monday, February 9, 1987 at 8:00 A.M. and one on Wednesday, February 11, at 8:00 A.M. at the Lake Clarke Shores Town Hall. Applicants will be inter- viewed and resumes studied. A recommendation would then be given to the various City Councils before the membership meeting on Wednesday, February 25, at 7:30 P.M. at the West ~alm Beach Commission Chambers. At that time there will be ballots for the delegates to vote and elect a definite six members to the Planning Council. Vice Mayor Zimmerman advised that at the February 17 City Council meeting, he will be asking Council members for their - 17 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1987 opinions concerning the nominees for the Planning Council and their recommendations concerning how Vice Mayor Zimmerman should vote. Vice Mayor Zimmerman asked if the Council members wanted the resumes of the nominees or if they would rather wait until the Committee short lists the nominees. Mayor Cassandra stated that he preferred waiting for the short list, since they had no control over the long list. Vice Mayor Zimmerman stated, to the contrary, they could make nominations from the floor. Several Council members expressed interest in having copies of the resumes. City Manager Cheney emphasized the importance of this Planning Council. Vice Mayor Zimmerman promised to send the resumes to the Council. NEW BUSINESS None. ADMINISTRATIVE None. OTHER Survey of Citizens City Manager Cheney said he had anticipated that a young woman would appear before the Council to discuss "Visions 000." After talking to this woman, City Manager Cheney and armen Annunziato, Director of Planning, began thinking about some things which the City Manager wished to discuss with the Council. The young woman, a student at Florida Atlantic University, has agreed to work with Mr. Annunziato as an unpaid intern as part of her studies at F.A.U. Part of what she wants to do, both with "Visions 2000" and with Mr. Annunziato, is a sample survey of attitudes, etc. of the citizens of Boynton Beach. City Manager Cheney said Mr. Annunziato has received assurances from F.A.U. faculty members that they will help to see that the survey is a quality survey. City Manager Cheney said this has caused him to realize that a lot of cities have been having attitude and opinion surveys in the last few years. City Manager Cheney wanted the Council to consider the desirability of doing an additional large scale survey of the citizens as the City begins the Comprehensive Plan preparations. He said there are three things that must be considered as the Comprehensive Plan is developed: the - 18 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1987 attitudes of the City Council, the attitudes of the Planning and Zoning Board, and the attitudes of the citizens. City Manager Cheney suggested that after the survey is done by the F.A.U. student, they do the following things: ana- lyze the results, consider the desirability of a larger sample, look for a survey organization, find out the cost, have a survey designed that builds on the initial sample survey, mail out the survey with the water bills one month with a return envelope, and have the surveys computer calcu- lated to discover the attitudes and feelings of the citizens on various subjects concerning the City. City Manager Cheney asked the Council to consider whether they would like to pursue this idea. Mayor Cassandra said it would be advantageous, after the intern's study is completed, to estimate the cost of the larger survey and to determine if a follow-up to the larger survey would be required. City Manager Cheney commented that perhaps a survey company could talk to the Council. City Manager Cheney noted the survey would be a way of getting beyond the vocal minority or the silent majority. The Council was ~in agreement that City Manager Cheney should continue to pursue this idea. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:43 P.M. ATTEST: City Clerk Recording Secretary (Two Tapes) CITY OF BOYNTON BEACH, FLORIDA /~J-~f'~ ~'~ ~'~ ~'~ Mayor Vice Ma for Count/1 Councilman /Councilwoman - 19 - AGENDA February 3, 1987 CONSENT AGENDA - ADMINISTRATIVE 1. A M J EQUIPMENT CORPORATION '1 Portable Ultrasonic Flowmeter per bid specifications. Pay from Water & Sewer Rev---401-331-533-60-42 Per bid 12/29/86, Council approved 1/6/87 ALLIED PRODUCTS CO. Pebble Quicklime for Water Treatment. Pay from Water & Sewer Rev---401-332-533-30-65 ALL-RITE ENGINEERING EST. %2 Cherry Hills Improvement Phase III. P~y from General Fund---001-000-115-87-00 Reimbursable from Community Development of Palm Bch County. B~NCHARD MACHINERY I PAC III Concrete Saw for Roads & Streets.- Pay from General Fund---001-195-519-40-49 COuncil approved 12/16/86 BRUNO. AUTO BODY & PAIN. TING R~pa~rs to Police Vehicle ~328. Pa~ from General Fund---001-195-519-40-49 CPT IN PALM BEACH Equipment to be added to existing CPT System. P~y from General Fund---001-121-512-30-13 300.00 ,I ,i . . ?o .oo 001-121-512-60-7B ~0,951.00 Total 11,954.00 P~ C¢ .LLAGHAN & COMPANY Set Municipal Corporations (McQuillan)'Vol. 23. .y from General Fund---001-141-514-40-74 ,uncil approved 12/2/86 C! LE Pay from Golf Course---411-727-572-40-33 " " " " 411-727-572-40-99 Total ,DB CAR ~ase and maintenance for 30 Carts for January, 1987. 628.50: 1,590.00 2,218.50 5,075.00 8,588.35 48,508.14 2,200.00 2,725.61 11,954.00 1,0.76.25 2,218.50 COUNCIL APPROVED: ! -2' 10. 11. 12. 13. 14. 15. 16. 17. 18. DEPARTMENT OF GENERAL SERVICES Estimate cost to cover Suncom billing for Feb., March and April, 1987. Pay from General Fund---001-197-519-40-71 ECZEL 144 Quietwriter Printer Ribbons for Central Office~Supply. Pay from General Fund---001-000-141-01-00 ERNST &WHINNEY professional services rendered through 12/31/86 in connection with annual audit for year ended 9/30/86. Pay from various departments. HUNTER RUN 1986 Annual Board Dinner. Pay from Publicity Fund---101-191-519-40-5H I~M CORPORATION Copier III model 60 monthly charge 1/1/87 to 1/31/87. Pay from various departments. MADSEN/BARR CORPORATION EST. ~2 Pilot Plant Site - Pumps - Project ~86-104 from 1/13/87 to 1/27/87. Pay from 1985 Constr. Fund---409-000-169-01-00 MADSEN/BARR CORPORATION EST. %4 FINAL For construction Test/Production Well Program from 12/9/86 to 1/27/87. Pay from 1985 Constr. Fund---409-000-169-01-00 PALM BEACH COUNTY SOLID WASTE AUTHORITY Use of County Landfili for month of December, 1986. Pay from Sanitation Fund---431-341-534-40-9A DR. FRANK PEDROSO P~e-employment physicals to 1/12/87. Pay from General Fund---001-135-513-40-6A PITMAN PHOTO F~lm supplies for Police Department. Pay from General Fund---001L211-521-30-8A 1,012.71 1,097.22 16,000.00 9,564.50 3,076.98 17,069.22 31,919.45 102,613.55 1,670.00 2,417.91 COUNCIL AP 'RpVED: Meeting: -3- 19. 20. 21. 22. 23. 24. 25. pOST~ BUCKLEY,. SCHUH &JERNIGAN~ INC. For professional services rendered in connection with 3MG Tank and Booster Station totalling $19,059.48 and Water Treatment Plant Pilot Testing Program totalling $2,220.00 for period ending 12/31/86. Pay from 1985 Constr. Fund---409-000-169-01-00 =CREATION ENTERPRISES, INC. ~adsen Center Shuffleboard Cleaning, Lining and Waxing per COUncil approval. kay from General Fund---001-721-572-60-29 Per bid 11/14/86, Council approved 12/2/86. SOUTH CENTRAL REGIONAL WASTEWATER TREATMRNT BOARD City's portion of Regional Board bills for Plant Expansion. Pay from 1985 Constr. Fund---409-000-169-12-00 S S P S P PALDING upplies for Pro Shop at Golf Course. ay from Golf Course---411-000-142-01-00 ~YLORMADE GOLF COMPANY~ INC. upplies for Pro Shop at Golf Course. ay from Golf Course---411-000-142-01-00 WEEKLEY BROTHERS~ INC.EST. %3 T~mp°r'ary Parking Lot Phase I Municipal Facilities Project %85906/C-3 for period to 1/19/87. P ~y from Building Improve. Fund---304-451-545-60-29 ZUCCALA'S 1Trailer, approximate year 1985, for Police Department SWAT Equipment. P~y from General Fund---001-211-521-60-42 C~uncil approved 1/20/87 $ 21,279.48 1,280.00 37,498.97 3,020.85 1,482.26 7,087.50 1,500.00 COUNCIL APPROVED: Meeting: The bills deSCribed have been approved and verified by the department heads involved; checked and approVed for payment by the Finance Department. Gra~ector therefore recommend payment of theSe bills. ~ Cheney, C~i y Manager P~ter L. ~ COUNCIL APPROVED: Meeting.. /~/~//--- BOARD City Council Members of Boynton Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 January 23, 1987 Telephone 272-7061 734-2577 INVOICE NO. 8687/133 CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH, FLORIDA 33435 RE: PROFESSIONAL SERVICES RENDERED IN CONNECTION WITH EXPANSION REQUISITION NO. 1'7 RUSSELL AND AXON f/780G AMOUNT DUE $5,240.79 THANK YOU. 50°/° DUE FROM CITY OF BOYNTON BEACH AMOUNT NOW DUE: $2,620.39 COUNCIL APf~pVED: Meeting:, ~!Z ~ BOARD City Council Members of Boyn~on Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 Telephone 272-7061 734-2577 January 23, 1987 INVOICE NO. 8687/135 City of Boynton Beach PO Box 310 Boynton Beach, Florida 33435 RESIDENT INSPECTIONS DURING PLANT EXPANSION CONSTRUCTION REQUISITION FOR PAYMENT ~/t6 Russell-and Axon-Engineers Project No. 780H AMOUNT OF THIS INVOICE_ $23,084.16 50=/o Due from City of Boynton Beach Amount due This Invoice: $11,542.08 Thank You. BOARD City Council Members of Boynton Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 JanUary 23, 1987 Telephone 272-7061 734-2577 INV. 8687/ 137 CITY OF BOYNTON BEACH PO BOX '.310 Boynton Beach, Florida 33435 REQUIS'ITIOBI FOR PAYMENT PLANT EXPANSION BUILDING PERMIT 9-30~86 Payable/Receivable TOTAL COST OF BUILDING PERMIT $46,673.00 50% Due from City of Boynton Beach Amount now due and payable: $23,336.50 THJaNK YOU.