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Minutes 06-03-86MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JUNE 3, 1986 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Carl Zimmerman, Vice Mayor Robert Ferrell, Councilman Ezell Hester, Jr., Councilman Dee L. zibelli, Councilwoman Peter Cheney, City Manager Betty Boroni, City Clerk James Vance, City Attorney Mayor Cassandra called the meeting to order at 7:30 P. M. The Invocation was given by Ethelind Farr, First Reader, First Church of Christ Scientist, followed by the Pledge of Allegiance to the Flag led by Councilwoman Dee zibelli. AGENDA APPROVAL Under "LEGAL, Ordinances - 1st Reading", city Manager Cheney said there were really two Ordinances under item 91, so that should be made lA and lB. City Manager Cheney added, under "H. APPROVAL OF BILLS", a bill for $8,500 from Exim Motor Works, Lake Worth, Florida, for the painting of five garbage trucks, and asked the Council to approve the purchase of 16 inch water pipe from Southeastern Supply Company, Tampa, Florida, in the sum of $2,865.60. City Manager Cheney was told that Congress Road, west of Congress Avenue, is about to get under construction. The City will eventually build a water storage tank on land that was dedicated to it, out to the west of Miner Road, and would like to put pipe under the road now, before it is constructed, so they will not have to do it afterwards. Councilman Hester moved to accept the agenda with the corrections, seconded by Councilman Zimmerman. Motion carried 5-0. ANNOUNCEMENTS Proclamation Mayor Cassandra read the following Proclamation: National Flag Day - June 14, 1986. - 1 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE ~, 1986 CITY MANAGER'S REPORT Computer Addition to Library Loan Program Sometime ago, the Council approved the submitting of an application to the State Library System for a computer assisted addition to the Library Loan Program, where the City Library ties in with a State network. It is a State grant and no cost to the City. It is an experiment and if it does not work, City Manager Cheney said the City can keep the hardware. The city is one of twenty Florida libraries that has been included in this project. It has been approved by the State, and city Manager Cheney said the City will sign the contract. Recreation Program City Manager Cheney drew attention to the Boynton Bulletin, which listed the summer programs for all ages. There had been a lot of concern about programs for young people when they are not in school. In many ways, city Manager Cheney said this was a continuation of the City's efforts to have a program for those folks. Wilson Park City Manager Cheney reported that a summer food program has been initiated for Wilson Park and should begin June 1st. There will be a lunch program at Wilson Park for an average of around 150 students per day, which the City will run at no cost. The City will get some reimbursement for some of the costs of having staff there to help run the program. City Manager Cheney said the City has not done this for two or three years. If it works, it will be a good, continuing program. Disclaimer Mayor Cassandra noticed a disclaimer about liability in the Boynton Bulletin and wondered if that would release the City. City Manager Cheney replied that it tries to. The City has some sports insurance, but their position is that the City is liable only if the City is negligent. If a kid runs around in a flat field and falls down, the City may get sued, but City Manager Cheney would not consider that the city was negligent. He gave another example. RECOGNITION OF PEOPLE IN THE AUDIENCE Mayor Cassandra recognized the presence in the audience of Mickey Cain, Former Mayor James R. Warnke, Former Mayor - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 Walter "Marty" Trauger, Former Councilwoman Marilyn Huckle, several Members of the City Boards, and Owen Anderson, Executive Vice President, Greater Boynton Beach Chamber of Commerce. PUBLIC AUDIENCE Mayor Cassandra announced that those people wishing to speak on an item not on the agenda could do so now. Waiver of Survey for Leisureville Wilbur J. Lynch, 1912 S. W. 16th Avenue, President of the oynton Leisureville Community Association, appeared at a ecent C'ty Council meeting to request a variance regarding the addition of seventy new parking spaces to their recrea- tional area. He was told the Council could not grant the ~ariance and was referred to the Board of Adjustment (BOA). he application for the BOA required a survey, not more than ix months old, of the area involved. To have the survey done, it will cost their community $1,600. Mr. Lynch stressed that the recreation area now is just the same as it was when the original survey was done in 1975. ~e had a copy of the survey with him, and asked the Council to grant a waiver and accept the original survey. This Would expedite their aPpearance~before the BOA. Mayor Cassandra asked if the Council could waive a survey, and he alluded to the BOA. City Attorney Vance explained that this is a standard requirement for anyone that appears before the BOA. To waive for one may cause problems for Others. In many instances, a current survey is needed by  he BOA. City Attorney Vance suggested that it was possible r. Lynch could get the existing survey recertified. Mr. Lynch had a competent surveyor come over, but he did not Wish to do that and preferred to go for the regular survey. City Attorney Vance said the City seriously needs current surveys for most applications in front of the BOA, if not all. To create an exception may cast some doubt of the City's ~bility to require current surveys from the others, when the City needs them. Mr. Lynch informed Vice Mayor Zimmerman that Rossi and Malavasi were the original Engineers. Assuming things had not changed, City Attorney Vance advised that there is a procedure where they can have a survey recertified, which is - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3', 1986 a simplified process that would save both time and money. Vice Mayor Zimmerman added that Ric Rossi is local and would really be the one to go to. Unofficially, Mayor Cassandra said the Council could try talking to the Chairman of the BOA to make him aware that the conditions have not changed. Workshop Meeting of Community Redevelopment Agency and City Council - Extension of Boynton Beach Boulevard Bob Fauser, 125 S. E. 6th Avenue, attended the Workshop Meeting of the Community Redevelopment Agency (CRA) and the City Council. At the meeting, Hank Thompson, Chairman of the CRA, suggested that the City pave a 400 foot stretch of dirt road between the Winn-Dixie Shopping Center on Federal Highway and a lift station further east. Mr. Fauser recalled Mayor Cassandra referred to this proposed extension of Boynton Beach Boulevard "as the road to nowhere" and wondered if it was necessary, since there is not that much traffic to the lift station. As a taxpayer, Mr. Fauser also wondered if the extension is necessary. When there are other roads and streets in Boynton that need attention, he could not see paving that section of dirt road and could not agree with Hank Thompson's reasons for paving it. Mr. Fauser referred to the Sun Sentinel reporting that Mr. Thompson said completing the strip of road would make it easier and more aesthetic to show investors available downtown waterfront property. lthough he thought Hank Thompson and the CRA did a wonderful ob promoting downtown redevelopment and supported many of their ideas, Mr. Fauser could not go along with using his taxes to pay for special roads whose main purpose is to assist realtors and their clients to sell property. .r. Fauser continued that one piece of property that would ~enefit from this paved road is owned by the blind trust hat has recently been discussed in the Sun Sentinel. The lind trust is made up of 13 individuals who invested in the iece of property. The 13 people have remained anonymous, nd they are protected by the law. Taxpayers are being asked o pay for paving of a road that would be of benefit to the ~3 people and their property. If the anonymous partners in the blind trust feel that paving the dirt road would help them sell the property, Mr. Fauser - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 felt it should be their responsibility to pave the road. It should not be the responsibility of the taxpayers in Boynton Beach to assist investors and speculators in their real estate activities. Too many other priorities in the City take precedence over this dirt road. Noise at Shooters Restaurant Former Mayor James R. Warnke, 617 Lakeside Harbor, said for the past three years LaNotte Restaurant, which is now leased by Shooters on the Water Restaurant and Lounge, has been a thorn in the side of the surrounding neighborhood. Because of the noise problem of amplified music from this establishment, the previous City Council passed a new Noise Ordinance which, hopefully, would be a tool to alleviate Such problems. No abatement of the noise has taken place. As far as Former Mayor Warnke knew, no citations have been issued. He told of the neighborhood having to listen to cigarette type boats, low flying planes, helicopters, and amplified noise. Now airboats are running out of Shooters' dock. Former Mayor Warnke requested the Council to come to the end of his street, the end of Las Palmas Boulevard, or to the ends of streets of the subdivisions to the south and north and listen to what they have to put up with. When LaNotte went out of business, Former Mayor Warnke recalled there was a conference by Shooters with the City Manager, and they promised to be a better neighbor than LaNotte was. If anything, they are worse. Former Mayor Warnke asked that City Manager Cheney take notes and do whatever is necessary to alleviate the problem. He added that there is talk of a Court injunction to ask that this nuisance be abated. He did not want to go that route until the avenue of enforcing City Ordinances has been exhausted. Councilwoman Zibelli spoke to a Police Officer, who is running the decibel meter. She understood they have to take more classes in reading the meter, and it should go into effect the end of this month. City Manager Cheney was Under the impression that the complaints had dropped off and said he would get reports to show that. He was not say- ing the prOblem had dropped off. - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3i~, 1986 There was discussion. Former Mayor Warnke said the reason the complaints quit coming was because people just gave up when they realized nothing was being done. When he was on the Council, people in Inlet Harbour called him every week- end. If they only cut the music out, former Mayor Warnke said it would be a step in the right direction. If they do not have anybody capable of reading a decibel meter in the City, Vice Mayor Zimmerman thought they should go out and get an expert to read it. This project has caused a lot of trouble, and he urged that they "get at it." Mayor Cassandra believed the City was at the point now where Officers will get certificates saying they are qualified, and Former Mayor Warnke should see some action in the very near future. Former Mayor Warnke hoped they would be on duty Saturday and Sunday afternoons. 13th Avenue and Police Wilda Searcy, 402 N. E. 13th Avenue, was upset. She cannot drive down her street morning, noon, or at night. Today, she was followed down her street to her house and insulted. Mrs. Searcy has come before the Council, called the Police, etc. and cannot live like this. Next week, Mrs. Searcy is going to Washington, at her own expense, and lobby. She exclaimed that the City is not giving her citizen's rights. Mrs. Searcy had people observe what is going on in her community, and it continues to go on. Mrs. Searcy said people own property and do not allow parking adequate for their tenants. She was held up in the middle of the street today by people running up to her car asking, "What do you want to buy?" Mrs. Searcy has called the Police and said Police Chief Hillery was aware of what she was talking about. Discrimination and the City's Administration Mrs. Searcy talked of belonging to the United Automobile Workers (UAW). She stated that she was looking at discrimi- nation in Boynton Beach and in heads of departments that work in Boynton Beach. Mrs. Searcy asked, "Who is respons- ible?" Dorothy Wilken, County Commissioner; the County; and State have been here. Each one says the fault is Boynton Beach's administration. Mrs. Searcy said Allan Schneir, Director, Palm Beach County Housing and Community Development, warned the City of a - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3', 1986 deadline. She exclaimed that she had a time getting it there in time because it was held up by the administration. Mrs. Searcy stated that she was now looking at the adminis- tration (the City Manager and Council) and said they had to do better. Mrs. Searcy talked about torn down houses, dumps in her neighborhood, and asked, "Whose fault is it?" She claimed it was the administration's fault and said they were all being paid. Mrs. Searcy also called attention to the City Attorney. She exclaimed that Councilman Hester does not represent her in her commugity. The Council had asked Mrs. Searcy why she could not get more black people to come to the Council meetings, fShe called attention to their presence in the audience. Youth and Funds Mrs. Searcy emphasized that the last couple of weeks. what she had to. Mrs. Sea] of projects she had undert~ the youth program for the ! in Boynton Beach because t! wanted to know what the Cit because it comes out of the alluded to Dr. Robinson an( being used appropriately. ~ she was M-A-D and has been for She was angry that she had to say icy gave her background and told Lken. She took credit for getting J.S.A. and asked that they get it ~e monies are here. Mrs. Searcy ~y was doing with the money veterans' spouses' money. She said the United Way money is not ~esponse by Councilman Hester Mrs. Searcy reiterated that she was going to be a lobbyist in Washington for three or four days and was sorry she had to come out with this. Councilman Hester asked her what Washington could do. Thiswas the local government. ~Councilman Hester pointed Out that Mrs. Searcy was complain- ing about the use of funds~ If the City was not using funds appropriately, he was sure Washington would get on "their tails." Councilman Hester did not think Mrs. Searcy had a leg to stand on. As far as Councilman Hester not representing Mrs. Searcy, Councilman Hester said he ~ould not attend any meetings that are confusing. He informed Mrs. Searcy that she did not start the organization that caused black people to come to the meetings. From what she told them, Mrs. Searcy has done more than a lot of people Councilman Hester knows, and he did not understand it. As far as the street was concerned, - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 he has never had any problem and rides on through. not seen the problem. He has Councilman Hester thought the things Mrs. Searcy keeps bringing up were being taken care of as well as they could be. He advised that she could not make homeowners clean up their private property. There are some things the people have to do, and Councilman Hester told Mrs. Searcy she could not depend on the local government to do everything for the people. As she lives in his district, Councilman Hester said, undoubtedly, he does represent her. Comments by Mayor Cassandra There was discussion. Mayor Cassandra was concerned that any citizen in the City was harrassed, and he said they should have the protection of the Police Department. He was positive the Police Department was doing the best it could and was positive City Manager Cheney would address the Council about.complaints Mrs. Searcy voiced to City depart- ments so the Council will know what action they took, if any. Mayor Cassandra was sorry Mrs. Searcy was leaving, feeling angry towards the City, but the City is trying to do its best. Concerned Citizens for the Betterment of Boynton Beach Gloria Skinner, 806 N. W. 4th Street, President of Concerned Citizens for the Betterment of Boynton Beach, said some of their Members were here tonight. They were concerned about the northeast and northwest sections of Boynton Beach. They also are concerned about conditions in the northern part of the City. Mrs. Skinner said they do not feel the present conditions are the fault of the City but realize it will take a concerted effort between citizens in that section working together to make improvements. Mrs. Skinner said their sole purpose is to enact changes in that area to make it a better place to reside and drive through. Right now, they are offended by the trash piles, the sales of drugs on the streets. They know other groups have voiced their concerns about the conditions and made some strides. In order to be successful in making permanent changes, Mrs. Skinner said they feel it will take public and private efforts. She told the Council they were here to solicit the City's help, and the Council can expect them here from time - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1986 to time. City Officials will be invited to their meetings. Among their plans is a Rid Litter Day, and Mrs. Skinner expounded. Mrs. Skinner further stated that they are setting up Crime Watches through the community and will be soliciting help from the Police Department. She imparted that they intend to be successful in their efforts. Mayor Cassandra recalled that Lt. ~Remchuk occasionally went to the Community Relations ~oard (CRB) to discuss Crime Watches. Councilwoman Zibelli added that Officer Steffey also went to the CRB meetings. Police Chief Hillery informed the Council that an officer has been working through the CRB. Mayor Cassandra suggested that Mrs. Skinner's group go through the CRB to see if that might help their particular area. THE PUBLIC AUDIENCE WAS CLOSED. CONSENT AGENDA A. Minutes 1. Regular City Council Meeting Minutes of May 20, 1986 2. Special City Council Meeting Minutes of May 27, 1986 B. Bids Installation of Air Conditioning and Duct Work for Building Department The Tabulation Committee recommended awarding the bid in part. The base bid (installation) will be awarded to Design Air Conditioning of Fort Lauderdale, in the amount of $2,100. The alternate bid (wiring) will be awarded to Complete Electrical Service, Lake Worth, in the amount of $280. 2. Annual Bid for Tires - Public Works The Tabulation Committee recommended awarding the bid in part. New tires will be awarded to General Tire Service, West Palm Beach, Florida. Recaps will be awarded to Pierce Tire Company, Delray Beach, Florida. - 9 - MINUTES- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 3. Annual Requirements for Polyphosphates - Utilities The Tabulation Committee recommended awarding the bid to Shannon Chemical Corporation, Malvern, Pennsylvania, in the amount of 61¢ per pound for the Shano-Phos brand. 4. Uniform T-Shirts - Purchasing The Tabulation committee recommended that the bid be awarded to Barker uniforms, St. Petersburg, Florida, in the amount of $3,650. C. ResolUtions Proposed Resolution No. 86-XX Re: Bond Reduction for Paving and Drainage - Boynton Lakes, Plat 3A (East of Congress Avenue - South of Hypoluxo Road - West of E-4 Canal) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE PAVING AND DRAINAGE PERFORMANCE BOND FOR BOYNTON LAKES, PLAT NO. 3A, IN SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 50, PAGES 121 AND 122 OF PALM BEACH COUNTY RECORDS" e Proposed Resolution No. 86-YY Re: Bond Reduction for Water Distribution System - Boynton Lakes, Plat 3A (East of Congress Avenue - South of Hypoluxo Road - West of E-4 Canal) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE WATER DISTRIBUTION SYSTEM PERFORMANCE BOND FOR BOYNTON LAKES, PLAT NO. 3A, IN SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 50, PAGES 121 AND 122 OF PALM BEACH COUNTY RECORDS" e Proposed Resolution No. 86-ZZ Re: Bond Reduction for Sewer Collection System - Boynton Lakes, Plat 3A (East of Congress Avenue - South of Hypoluxo Road - West of E-4 Canal) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE SEWAGE COLLECTION SYSTEM PERFORMANCE BOND FOR BOYNTON LAKES, PLAT NO. 3A, IN SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 50, PAGES 121 AND 122. OF PALM BEACH COUNTY RECORDS" - 10 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 8, 1986 Proposed Resolution No. 86-AAA Re: Abandonment - S. E. 1st Avenue "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF SOUTH- EAST FIRST AVENUE BETWEEN SEACREST BOULEVARD AND SOUTHEAST FIRST STREET, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID PUBLIC STREET; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Proposed Resolution No. 86-BBB Re: Abandonment - N. E. 8th Avenue "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF NORTH- EAST 8 AVENUE WITHIN THE PUBLIC WORKS COMPLEX OF THE CITY OF BOYNTON BEACH, FLORIDA, LYING BETWEEN THE NORTHERLY EXTENDED EAST RIGHT-OF-WAY LINE OF NORTHEAST FIRST STREET AND THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 140, ARDEN PARK, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID STREET; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" D. Development Plans None. E. Commission on Ethics - Mr. Eddie Mitchell & Mr. Ben Uleck In his memo of June 3, 1986, City Manager Cheney stated that the Commission of Ethics did not recommend that a penalty be imposed upon Mr. Uleck. Because two previous Ethics matters did not have a fine imposed, it was assumed that the Council did not desire to impose a fine on Mr. Mitchell. Approve request for zoning approval for Alcoholic Beverage License - Jade Tree Restaurant, 3625 South Federal Highway, Boynton Beach, Florida Bert Keehr, Deputy Building Official, by memo dated May 21, 1986, said zoning for the above location permits the sale of beer and wine for consumption on premises in conjunction with a duly licensed restaurant. - 11 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 1986 G. Ratification of South Central Regional Wastewater Treat- ment and Disposal Board Contract for engineering services for sludge management plan between the South Central Regional Wastewater Treatment and Disposal Board and Hazen and Sawyer, Engineers H. Approval of Bills See list attached. following bills: City Manager Cheney also added the Exim Motor Works, Lake Worth Painting of five garbage trucks $8,500.00 Southeastern Supply Co., Tampa, Florida Purchase of 160 feet of 16" class 50 cement lined ductile iron pipe 2,865.60 Councilman Hester moved to approve the Consent Agenda, items A-l, 2; B-l, 2, 3, and 4; Resolutions 86-XX, 86-YY, 86-ZZ, 86-AAA, and 86-BBB; items E; F; G-l; H, with the addition of the bills of Exim Motor Works for $8,500 and Southeastern Supply Co. in the sum of $2,865.60. Councilwoman Zibelli seconded the motion, and the motion carried 5-0. PUBLIC HEARING None. DEVELOPMENT PLANS Consider request submitted by Kieran J. Kilday, Agent for Turks and Caicos, B.V., for approval of an amended site plan to allow for the addition of a 1,600 square foot convenience store, including retail gasoline sales and a change in park- ing lot layout and design. This site is located on Congress Avenue at Hypoluxo Road, the southwest corner. (Postponed ~y applicant at May 20, 1968 Meetinq) Carmen Annunziato, Director of Planning, said this was a request for an amendment to the site plan which was approved at the southwest corner of Hypoluxo Road and Congress Avenue. The property is bordered on the north by Hypoluxo Road, on the east by Congress Avenue, on the south by a recreational area, and on the west by Meadows Way. It is a Publix shopping center. Two kinds of requests were made in the site plan amendment. One was to construct a Farm Store convenience store with the - 12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 retail sale of gasoline. The second was to construct three coolers, which would be added to the back of the now exist- ing shopping center at various locations. The application went to the Planning and Zoning Board (P&Z) with a mixed recommendation from the Technical Review Board (TRB) concerning the Farm Store and gasoline sales. Mr. Annunziato said there was a recommendation to approve. Concerning the coolers, there was a recommendation that it not be approved because there was some conflict with the cooler locations and utilities which were recently constructed. Mr. Annunziato reported that the cooler problem has been resolved. The applicants met with the Utility Department and it is no longer an issue. Two issues were raised at the P&Z Board with respect to the Farm Store and gasoline sales. One concerned the nature of the sign (cow with a barn) at the Farm Store, which was not consistent with the recently approved signage at the center and was totally out of context with the development. Secondly, the configuration of the proposed pumps with respect to the amount of land offered a very congestive position. Because of this, the P&Z Board unanimously recommended to approve the modified site plan for the convenience store and to not recommend approval for the retail sale of gasoline. Mayor Cassandra thought there was concern about the sign. Mr. Annunziato hoped the applicant would address that. Mayor Cassandra recalled that the P&Z Board spent a long time discussing their dislike for the sign. Mr. Annunziato thought the final result was that they could not recommend against the approval of the sign, but if they could, they would have. Mayor Cassandra asked whether the Community Appearance Board approved the sign. Vice Mayor zimmerman replied that it was not brought up. Kieran J. Kilday, Kilday & Associates, Landscape Architects,/ Planners, 1551 Forum Place, Suite 100A, West Palm Beach, Florida 33401, represented the shopping center, as well as the Farm Store. He said this would be the last unresolved area within the overall Publix shopping center at this corner. Mx. Kilday said they would accept the deletion of the cow from the sign and were in agreement with the staff's recom- - 13 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE'3, 1986 mendation that so far, they have the shopping center looking nice, and there is no need to have something go in that does not really fit in with it. With regard to the gasoline pumps, Mr. Kilday said this is a more important item to them because the modern concept of a convenience store is that gasoline pumps be part of it. Originally, they made an application allowing for the convenience store with the gasoline pumps. The City staff had a lot of reservations about how the pumps would fit on the site. Mr. Kilday withdrew that application about two months ago, went back to the drawing board, and worked with staff. He finally came up with a plan the TRB could recommend. Mr. Kilday ran through the documents that were presented to the P&Z Board and pointed out that it is a small area on a large site. The store will be in the center. In order to make sure there would be adequate circulation around the center, Mr. Kilday said they split the pumps. There will be a pump island on each side, and they could allow eight cars to be simultaneously filling on the site. In doing that, the cars would fit properly under the pumps without creating any traffic circulation problems. In addition to this, there are 20 parking spaces around the site. Mr. Kilday indicated the location of the spaces. In order to keep spaces from backing into the pump islands, because of the narrowness of room, they created a landscape strip and enough setback that the backing could take place without interfering with the circulation. Mr. Kilday said they now have a circulation they feel will work with the general characteristics of the store. Mr. Kilday told the Council that people usually stop at the store, buy gas, buy things inside, and then leave. They designed this so that all of the activity takes place on the corner, which is separated from all of the streets, so there would be no possibility of cars backing onto a street. He showed the access and said it would have no effect on the access around it. Mr. Kilday informed the Council that the Farm Store will not come on the site without gas pumps, which is the nature of not only them but any convenience store. They consider gas as part of the general convenience needs they service, which is why it is so critical to the applicant. - 14- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 With regard to the overall center, Mr. Kilday said convenience stores are kind of on the down side of different commercial uses, but the Farm Store will match the rest of the archi- tecture that is in the Publix center. Mr. Kilday confirmed Councilman Hester's statement that the Farm Store is to the west of the center. Mayor Cassandra asked where the roadway to the Publix was for the big trucks. Mr. Kilday showed that the roadway was to the south of the site. Mayor Cassandra said to suppose a truck makes a mistake. Mr. Kilday said they can go in both ways. They moved the entrance out of the convenience store site because they had a real conflict, and they wanted to make sure it would never be congested in terms of deliveries. Mayor Cassandra questioned whether there was enough turning room for an 18 wheeler. Mr. Kilday replied that there is. Mr. Hester recalled there was concern about an ingress/egress problem. Prior to going to the P&Z Board, Mr. Kilday said there were two major problems. One was the entrance way, and the other was the location of the pumps. Both were adjusted prior to the P&Z Board meeting, but Mr. Kilday did not know whether they were really able to show it with a good graphic. Councilwoman Zibelli wondered if the Planning and zoning Board's recommendation would still stand with these drawings. Mr. Annunziato advised that the drawings were the same. He thought the congestion issue resulted from the amount of activity that will occur in that corner of the shopping center. There will be loading and unloading of trucks for Publix and loading and unloading of vans for the stores. Under certain circumstances, there will potentially be cars stacking in the driveways if there is a heavy load at certain times of the day. Those were the kinds of congestion issues that could be coupled with the unloading of gasoline tanker trucks. He thought that was the kind of thing the P&Z Board was talking about. Mayor Cassandra asked Mr. Kilday if nothing had changed in his presentation except the expanded view. Mr. Kilday answered that it was so the Council could see exactly how it would flow. All of the changes were made from the TRB level, and they satisfied them at this time. If there were other changes he could make, Mr. Kilday said he would make them. Mayor Cassandra stated that the Council still stood with the recommendation of the P&Z Board not to accept the use of the MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 gas station, and he asked if that was a unanimous decision. Mr. Annunziato replied that it was the unanimous recommenda- tion of the P&Z Board to the Council. Mr. Annunziato suggested it might be helpful, if there was going to be an agreement to accept the P&Z Board's recommendation, to split out the cooler issue. He explained that there were two separate issues on the same site plan. Mayor Cassandra asked if the coolers were not a function of this development. Mr. Annunziato answered that it is part of the same site plan. Mayor Cassandra said it was not the Farm Store's or gasoline station's. City Manager Cheney clarified that if the Council was going to deny the Farm Store, they should deny the Farm Store and then ask about the coolers separately or vice versa. Vice Mayor Zimmerman moved to accept the recommendation of the Planning and Zoning Board to approve the Farm Store and deny the gasoline station. Councilman Hester seconded the motion. Motion carried 5-0. Vice Mayor Zimmerman moved to accept the agreement with the City on the storage coolers, seconded by Councilman Ferrell. Motion carried 5-0. B. Consider Annexation of Public Rights-of-Way Mr. Annunziato said this was the second application prepared by the City staff to evaluate the annexation of public rights-of-way. Mayor Cassandra clarified for the audience that they were talking about streets, not land. Mr. Annunziato continued that there are certain rights-of-way which, in effect, are hiatuses between existing incorporated rights-of-way. The request proposes to fill the gaps on roads so there is continuous enforcement opportunity. Mayor Cassandra said a good example is Gulfstream Boulevard. Half of it is owned by the County and half is owned by the City. Mr. Annunziato gave Winchester Park Boulevard as a worse example. Vice Mayor zimmerman remarked that along with the annexation, the City gets the duty of maintaining them. City Manager Cheney interjected that some of these are County roads. Federal Highway is a State highway, but Hypoluxo Road and Old Boynton Road are County roads. Councilman Ferrell moved to forward this to the P&Z Board fOr public hearing, seconded by Councilman Hester. Motion carried 5-0. - 16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 86-7 Re: Rights-of-Way Annexation of City Attorney Vance read proposed Ordinance No. 86-7 by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY, AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY; SAID PROPERTY COMPRISING THE EXISTING RIGHT-OF-WAY FOR A PORTION OF INTERSTATE HIGHWAY 1-95, A PORTION OF OLD DIXIE HIGHWAY, A PORTION OF FEDERAL HIGHWAY (U. S. 1), A PORTION OF STATE ROAD A1A, A PORTION OF MINER ROAD, A PORTION OF GROVE ROAD, A PORTION OF MENTONE ROAD, A PORTION OF SEACREST BOULEVARD, PORTIONS OF HYPOLUXO ROAD, A PORTION OF LAWRENCE ROAD, AND A PORTION OF A NAMELESS COUNTY OWNED RIGHT-OF-WAY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE AND AUTHORITY TO CODIFY; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT; AND FOR OTHER PURPOSES." Mayor Cassandra asked if anyone in the audience wished to speak in favor or against the proposed Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED. Vice Mayor Zimmerman moved to adopt Ordinance No. 86-7 on second and final reading, seconded by Councilwoman Zibelli. Mrs. Boroni took a roll call vote on the motion, as follows: Mayor Cassandra Vice Mayor Zimmerman Councilman Ferrell Councilman Hester Councilwoman Zibelli Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 86-11 Re: Amended Development Order - Park of Commerce Attorney Vance read proposed Ordinance 86-11 by title only: - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 "ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, DETERMINING THAT CHANGES TO THE COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO. 84-51 DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380, FLORIDA STATUTES, 1985, DETERMINING THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AND AMENDING THE DEVELOPMENT ORDER (ORDINANCE NO. 84-51) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES" Mayor Cassandra ascertained that no one in the audience wished to speak in favor or against the proposed Ordinance. THE PUBLIC HEARING WAS CLOSED. Councilman Hester moved to adopt Ordinance No. 86-11 on second and final reading, seconded by Councilman Ferrell. ~ A roll call vote was taken by Mrs. Boroni, as follows: Vice Mayor Zimmerman Councilman Ferrell Councilman Hester Councilwoman Zibelli Mayor Cassandra Aye Aye Aye Aye Aye Motion carried 5-0. B. Ordinances - 1st Reading lA. Proposed Ordinance No. 86-12 Re: New Building Con- struction Requirements - Automatic Sprinkler Systems City Attorney Vance said this Ordinance repeals the existing Section of the City Code relating to automatic sprinklers in three story buildings. Proposed Ordinance No. 86-13 reinstates that requirement in the City's Addendum. City Attorney Vance read proposed Ordinance No. 86-12 by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 9, FIRE PROTECTION AND PREVENTION, ARTICLE II. FIRE CODES, SECTION 9-18 AUTOMATIC SPRINKLER SYSTEMS REQUIRED. BY REPEALING SAID SECTION IN ITS ENTIRETY; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 9 FIRE PROTECTION AND PREVENTION SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE,(3, 1986 Councilman Hester moved to adopt Ordinance No. 86-12 on first reading, seconded by CounCilman Ferrell. Vice Mayor Zimmerman thought the City had some good safety provisions in the Ordinance. If they cancel it out tonight, he thought the Council should protect themselves by putting some of the same provisions back into the following Ordinance to get a similar Ordinance. He thought that was their understanding. City Attorney Vance advised that every- thing is in the second Ordinance. They just did it in a little more sophisticated way in the second Ordinance. Vice Mayor Zimmerman asked if the 20 feet was in. City Attorney Vance did not think they had the 20 feet but said they had three stories. Vice Mayor Zimmerman did not quite agree with the following Ordinance (86-13). He imagined from what they discussed previously, they were actually being forced to nullify this Ordinance because of the State Statute. Vice Mayor Zimmerman thought the Council should be careful in getting some of these provisions in the following O~dinance. City Manager Cheney asked which provisions. Mayor Cassandra also had provisions he wanted, but he thought the concerns should be addressed to the next Ordinance. He was concerned about nursing homes. Mrs. Boroni took a roll call vote on the motion, as follows: Councilman Ferrell Councilman Hester Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Motion carried 5-0. Aye Aye Aye Aye Aye lB. Proposed Ordinance No. 86-13 Amending the Uniform Minimum County Wide Addendums to the Standard Building COde, 1982 Edition City Attorney Vance noticed Edgar "Bud" Howellw Building Official, was present and said they could consult with him about drafting the Ordinance. Mr. Howell confirmed Attorney Vance's statement that nursing homes are already covered and advised that they are required to be sprinkled. Attorney Vance thOught three stories probably would catch any situation where you would have anything over two stories. - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE '~ 1986 Mayor Cassandra drew attention to Section 1, (a) of the Ordinance and asked if it was covered in other portions of the City's Code so that hospitals, nursing homes, and homes for the aged have sprinkler systems. Mr. Howell answered that they are covered very stringently. Mayor Cassandra asked if they were for only three story buildings or for one level of building. Mr. Howell replied, "One story buildings." Mayor Cassandra noticed Section 1, (b) was all inclusive. He was concerned about orphanages, rooming houses, and dormitories and questioned whether they were also covered. Mr. Howell informed him that the City does not allow rooming houses. Motels and things of that nature are not required to have sprinklers if they are one or two stories, but when they get to three stories, they are required to have their exit ways and escapes sprinkled. Mayor Cassandra read a list of types of buildings and asked r. Howell to tell him what the City does not have covered. r Howell advised him that the part of the Ordinance he was reading now applies to only three stories. Mayor Cassandra stated that Vice Mayor Zimmerman's concern was that if you have an all wood structure 20 feet high, it would not be covered under three stories. City Manager Cheney reminded Mayor Cassandra that at the last meeting, the Council said they wanted three stories or more. If they want two stories or more, the City will do it. Mayor Cassandra said Vice Mayor Zimmerman felt 20 feet might still be in there if it was all wood construction. M t O w t t r. Howell clarified that the way that was written, he thought 3e City would have a hard time holding someone to the rdinance if it was contested. It did not define what they ~re talking about. Mr. Howell asked if the 20 feet meant D the ceiling height of the second story or to the top of he roof. Mayor Cassandra asked Mr. Howell how he would rite it. Mr. Howell replied that the Code defines it at c~iling height, but, by that being an Ordinance, they could not go to the Code. Vice Mayor Zimmerman thought this was their chance to clarify it. C~ty Manager Cheney asked the Council if they wanted over two stories or if they wanted sprinklers in two story build- ings Vice Mayor zim~erman thought the safety people fought h,,~rd to get a.20 foot height,, . City. Manager Cheney asked, A 20 foot height of what? In spite of what people thought who put this in, he said the 20 feet was meaningless and confusing. - 20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE ~, 1986 Mayor Cassandra pointed out that the Council could correct the Ordinance on second reading. City Attorney Vance advised that it would be easier to do it now. Mr. Howell gave The Landings, a two story frame building, as an example. He asked if the Council would make them sprinkle the build- ing if they had 2 feet above the 20 feet. If that was the Council's intent, it had to be spelled out. Vice Mayor Zimmerman thought it was necessary when buildings are placed as close together as those are. He felt that was the intent of the original Ordinance that was passed years ago. If the Landings, as it is built now, did not have a peaked roof but had a flat roof and still had two stories of people living in it, City Manager Cheney said it would not be required to have sprinklers in the 20 foot requirement. If you put the peaked roof on, you still have two stories of people there, but it would be required to be sprinkled. City Manager Cheney preferred that the Council say two stories and explained that the problem was that probably wood frame buildings would look better if they had a peaked roof than if they had a flat roof. If they have the 20 feet, chances are the developer will build a flat roof to avoid the sprinklers. Vice Mayor Zimmerman spoke about the aesthetics of The Landings and Mahogany Bay and thought they should be encouraged to come up with better architecture. Mayor Cassandra thought City Manager Cheney raised a very interesting point. It would mean, if the Ordinance is rewritten, that instead of saying three stories or more, it will then be two stories, which will be all inclusive and take care of any type of roof or anything else that would come into play. Mayor Cassandra commented that this was C~uncilwoman Zibelli's original addendum. Councilman Hester t~ought Councilwoman Zibelli said two stories. Councilwoman Z~belli stated that she said over two stories V~ce Mayor Zimmerman asked what this Ordinance does that is not in the Code. He did not believe it did a thing and thought they were wasting their time by passing the Ordinance. Cbuncilwoman Zibelli reminded him that the old Ordinance was r~pealed. Vice Mayor Zimmerman commented that the new Ordinance did not pick up the old one. City Attorney Vance advised that the present City Code with the Addendum requires sprinklers in buildings four stories - 21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 or more in height. If this Ordinance is passed, it would require sprinklers in wooden buildings of three stories or more in height. It adds one story to the present require- ment. Vice Mayor Zimmerman was also confused with the Type 6 construction. Mr. Howell informed him it is all wood frame. Right now, the Code requires that three story buildings be one hour protected. That is with protective materials but no sprinklers. With the new Ordinance, the City would require those buildings to also be sprinkled. The Code would still require them to be one hour protected. Vice Mayor Zimmerman thought it might be good to specify that. City Attorney Vance advised that, if adopted, this will become a part of the existing Building Code. There was more discussion. Councilwoman Zibelli understood there would be workshop meetings of the Congress for the Southern Building Code, where they would review sprinkler system Codes, etc. She could not see the Council going through all of this if they could repeal it like they did the other one. Mr. Howell replied that it could not be done this year, but if the Council liked, he would submit it for the City at the next Congress meeting in July of next year. The amendments to the Code have to be submitted by the first of April. They print the blue book and send them out for people to look at before the workshop meetings. A committee votes on them in July. The body votes on them at the annual meeting in October. It is too late this year to get it in. If Chapter IX, the appropriate Building Code Chapter, and the appropriate Addendum were submitted to the Council, along with this proposed amendment, so they could read the entire thing in its entirety, City Attorney Vance thought it might be helpful to the Council in understanding the amendment. In other words, they would see wh~re it would fit into the existing Building Code. Without the addendum being enacted tonight, Mayor Cassandra pointed out they would have no Code, which would mean any- thing coming in would go under the County or State Ordinance, which is four stories. To protect the City, he thought they had to start the ball rolling. He thought the question was whether they wanted two stories or more or three stories or more. Two stories would take care of the 20 foot problem. Mr. Howell advised that the City has a Code. The only thing they did not have was the sprinkler requirements. By State - 22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 law, the Council can amend the Code locally to require what they want. There was more discussion. City Manager Cheney suggested that tonight they amend it to two stories or more. If they decided they only wanted three stories, they could be less restrictive at the next meeting. If they do not want to adopt the Ordinance the next time, a new Ordinance could be written. If they do as City Manager Cheney suggested, Mr. Howell said they would be amending the Code. If the Council adopted the Ordinance, City Attorney Vance said there would be a change in the middle of the title. It would go from three stories to two stories. In paragraph (b), the "three" would be changed to "two". Vice Mayor Zimmerman moved to amend Proposed Ordinance No. 86-13 to read "two stories" where "three stories" appears. Councilman Hester seconded the motion, and the motion carried 4-1. Councilman Ferrell voted against the motion.  ity Attorney Vance read proposed Ordinance No. 86-13 by itle only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE UNIFORM, MINIMUM COUNTY WIDE ~DDENDUMS TO THE STANDARD BUILDING CODE, 1982 EDITION, AS ADOPTED BY SECTION 5-3. BUILDING CODE ADOPTED OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, TO AMEND CHAPTER IX SPRINKLERS AND STAND PIPES, SECTION 901.2 - REQUIREMENTS TO REQUIRE THAT ALL BUILDINGS OF TYPE SIX CONSTRUCTION TWO STORIES OR MORE IN HEIGHT BE AUTOMATICALLY SPRINKLED; PRO- VIDING THAT EACH AND EVERY OTHER PROVISION OF THE UNIFORM, MINIMUM COUNTY WIDE ADDENDUMS TO THE STANDARD BUILDING CODE, 1982 EDITION, REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Viice Mayor zimmerman moved to adopt Ordinance No. 86-13 on fiirst reading, seconded by Councilwoman Zibelli. A roll call v~te was taken by Mrs. Boroni, as follows: Councilman Hester Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Ferrell Aye Aye Aye Aye No MOtion carried 4-1. - 23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 Mayor Cassandra pointed out that the County made a change, and the City was unaware of this. He asked who keeps the Council informed. City Manager Cheney explained that there is a different process now. What happened before was that the State Legislature had all cities follow the Southern Standard Building Code. Now the Southern Standard Building Code is amended through a complicated process. Proposed amendments have been sub- mitted to Birmingham, Alabama and have been put into a book for review by Building Officials around the country (including Mr. Howell). They go to a meeting in July, make recommendations and changes, and vote on them in October. They then become a part of the Southern Standard Building Code. The City gets those and can make amendments at that time. Every couple of years, City Manager Cheney said addendums to the Southern Standard Building Code are brought before the Council. It is an automatic process and a better system than the old one. Vice Mayor Zimmerman asked if 1982 Edition was correct on the Ordinance. City Manager Cheney answered affirmatively and said there will be a 1985 edition the latter part of this year. It is processed every three years. Proposed Ordinance No. 86- Re: Establishing a Coastal Building Zone e Proposed Ordinance No. 86- Re: Establishing a Coastal Construction Code for the Coastal Building Zone City Manager Cheney said this may not apply to the City. It applies to barrier islands. St. Andrews, which is on the ocean, is in our community. Mr. Howell informed City Manager Cheney that area is not a barrier island if it is east of the portion of the waterway that had been dug. If it is east of the portion of the waterway that is natural, such as Palm Beach, it is a barrier island. Apparently, south of the Boynton Inlet, it was dug. Maybe, under the provisions of the Coastal Construction Code, St. Andrews, Ocean Ridge, and Briny Breezes are not barrier islands. City Manager Cheney said the Council still may want to adopt these conditions because they make sense in this day and age. He was suggesting that the Council does not have - 24- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 to adopt the Ordinances but that they may want to adopt them. In addition, City Attorney Vance said the Legislature is currently revamping the entire area, and he gave an example. Mr. Howell fought hard to have them not come in with a 140 mile per hour (m.p.h.) wind load because the Standard Build- ing Code was addressing hurricane prone areas, based on a Texas study of the last nine years of hurricanes, but he was unsuccessful. In the study, they found they had no problems with buildings that were engineered under the Standard Build- ing Code. Buildings they were having problems with were buildings. . where they did not have proper engineering or supervision. Mr. Howell showed the Council a map that was put out by the Department of Environmental Regulations (DER) which showed an area from the Boynton Inlet north (Area 11) to Jupiter. To the south it showed from the Boynton Inlet to Area 10, which is Key Biscayne. The Intracoastal is all the way down there. When he was on that Committee, Mr. Howell had asked what difference it made whether it was dug or natural and what the wind did to it. Nobody could answer. It was in the Legislature, and Mr. Howell could not tell the Council why they came up with something like that. If what he thought he heard on the news was correct, Mr. Howell said they were talking about lowering the design criteria to 115 m.p.h, for the Keys and to 110 m.p.h, for Miami north. The City is under 120 m.p.h, now, and it did not make sense to Mr. Howell. He suggested this be tabled. City Manager Cheney recommended it be deleted and said they would bring it back when they find out what the Legislature has done if they need to. Councilman Ferrell moved to DELETE items 2 and 3 until they had more clarification, seconded by Councilwoman Zibelli. Motion carried 5-0. C. Resolutions NOne. D. Other 1 Approve paying mortgage - Millicent's Opportunities Corporation - Boat Club Park City Manager Cheney passed out and read his memo of June 3, which stated it was now necessary to pay off the full balance - 25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3' 1986 of the mortgage. It had been included in the adopted City budget. The amount dUe as of June 4th is $21,891.72, plus interest of $98.21. When the City bought the land, City Manager Cheney said they took over the existing mortgage because the interest rate was about 6%. Now that the buildings have been demolished, they are saying the mortgage is to be paid off. Councilman Hester moved to approve paying the balance due on the mortgage, in the amount of $21,891.72, plus interest of $98.21 as of June 4th, seconded by Councilman Ferrell. Motion carried 5-0. THE COUNCIL TOOK A BREAK AT 9:05 P. M. The meeting resumed at 9:18 P. M. OLD BUSINESS ae Consider proposal to employ lobbying services as joint agreement with other Palm Beach County Cities. . .TABLRD Councilman Ferrell moved to remove this item from the table, seconded by Councilwoman Zibelli. Motion carried 5-0. Councilman Ferrell moved to DELETE this item, seconded by Councilwoman Zibelli. Motion carried 5-0. B. Annual Street Resurfacinq Program City Manager Cheney said this list is usually left before the Council for two or three meetings to give them a chance to make suggestions. Mayor Cassandra wanted to bring S. E. 12th Avenue and Rail- Road Avenue up on the list of priorities. City Manager Cheney informed him it was on the list. MayOr Cassandra asked if all of the streets on the list would be done. City Manager Cheney answered affirmatively. City Manager Cheney said all of the streets could be done for $96,642, as explained in the memorandum dated May 12, 1986 from Tom Clark, City Engineer. He asked the Council if they wanted to do more streets or take some out. If they picked one street by itself, it would have a higher price. City Manager Cheney said it would make more sense to pick three or four streets in the same location. - 26- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE !3, 1986 Mr. Clark suggested 22nd Street in Leisureville should be done. Vice Mayor Zimmerman said it was a short street, and he suggested Golf Lane should be done. City Manager Cheney said the question was whether they should do the streets just because they have not been done or if they should do only those that seem to get holes in them. He told Council- man Hester a few were left off of last year's list. Two streets Vice Mayor Zimmerman thought of were listed last year but then discarded. Councilman Hester thought N. W. 8th Avenue should be done. Councilwoman Zibelli asked if the area on N. W. 17th, where the Reynolds Aluminum truck is, would be taken care of when Seacrest comes through. City Manager Cheney answered that they will be doing Seacrest. If the City does work up there, they will not want to redo the street and have trucks go over it. Councilwoman Zibelli said N. E. 4th Street and N. E. 4th Court, going from Seacrest, are in bad shape. They were not on the list. City Manager Cheney said the City would look at those and see where they come out. If the Council still wants to leave them in, maybe they will drop some that are at the bottom of the list. City Manager Cheney asked if the Council wanted the City to look at Golf Lane and 22nd Street also. Vice Mayor Zimmerman replied that they do not have much traffic on them, but they are very short. City Manager Cheney com- mented that 13th, 22nd, and Golf Lane are kind of together. If they put those three together, maybe they can get the price down. Councilwoman Zibelli was also asked about Victoria Boulevard and wondered if that had been done recently. City Manager Cheney recalled that is the street that, periodically, the people want to take over as a private street. If it is not bad and not yet falling apart, he thought they should hold it and do it the year that the City transfers the street to the people. When the people take it over as a private street, they will have to worry about it. City Manager Cheney informed Mayor Cassandra that the Home- owners League can take over the street, but there are some complicated things in the original deed. The homeowners want to be sure that they do not do something that will cause the road to go back to the developer. Judge Levine continues to work on that, and he is the key man as to how - 27- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE ~3~, 1986 they are progressing with that proposal. look at it again in the Fall. They will probably Councilman Hester had a list, which he said he would give to Mr. Clark tomorrow. Mayor Cassandra said it would be appreciated if Mr. Clark could put asterisks by streets that are definitely needed or list them by priorities. It looked to City Manager Cheney like the list was geographic. He said he would check with Mr. Clark on that and get the Council a priority list. Cm Capital Improvements Program 1. Final recommendations prior to working drawings from Miller & Meier Associates Ben Uleck, 1507 S. W. 17th Avenue, told of voting for the Mayor, Council, and for a referendum for a Police Department, Fire Department, City Hall, and Library, etc. The people voted for City Hall to be reconstructed, which is needed very much. Mr. Uleck said the City also needs to build up the Fire and Police Departments and the Library, and the people voted for this. However, the people voted "No" as to the multiple building of 1500 seats, the tennis courts, and parks. Not too long ago, the multiple building of 1500 seats, the tennis courts, and parks came in the back door. Speaking for the people he talked to since May 29, 1986, Mr. Uleck said they felt the Council Members were denying the people their constitutional rights because they voted "No" for those projects. Mr. Uleck said the people voted for 6.35 million dollars. On May 29th, he read in the paper that the new City Hall would cost $2,000,000 more, and he asked where the money was coming from. The 6.35 million dollars was what the CounCil was supposed to work with, and Mr. Uleck questioned why the Architects were coming up with $8.45 million dollars, when they knew it should be 6.35 million dollars. He asked who told them to go to that figure. The people felt they were denied their constitutional rights by the Council even mentioning $2,000,000. If Former Mayor Joe deLong was here, Mr. Uleck said Mr. deLong would say, "Ask the people what they want, and give the people what they want." He read the sign in back of the Council and said it meant the taxpayers run the City, not just a couple of individuals. - 28 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 Mr. Uleck added that the people believe the central dispatch system should be installed, but it should go to the Council to vote on. He read a newspaper article where Councilman Ferrell said he thought the Council should do a first class job while they are at it because they may not get another shot. Mr. Uleck said Councilman Ferrell should ask his district if they want to go for the $2,000,000. Councilwoman Zibelli interjected that the Council had not voted on this yet, and Mr. Uleck had not heard what she had to say. Mr. Uleck retorted that he was told to speak first, and maybe he could convince the Council to vote for the 6.35 million dollars only. He made a couple more comments. Vice Mayor Zimmerman asked Mr. Uleck where he wanted the Council to cut. Mr. Uleck thought they should improve the City Hall, Fire and Police Stations, and give the Library a second story. Later on, they can add to the Library and can expand. Mr. Uleck told the Council to get this project done and maybe, in a year or two, they could work on the multiple 1500 seat building or some parks. He said they should not do it all at one time and urged the Council not to rush into anything. In 1978 or 1979, Councilman Ferrell said the Council had a chance to do a second floor on the Police Station, do the Mausoleum, and buy the Boat Ramp property, Because the Council did not take action, they are paying twice the amount just to do the Police Station. Councilman Ferrell thought that was something that should be considered. He told Mr. Uleck not to assume that people have not had input into this. As far as what Joe deLong would say, Councilman Ferrell thought Joe deLong was probably one of the strongest proponents of capital improvements and keeping the facilities of the City going that he had seen since he had been here. Joe deLong was one of the strongest proponents for the Library. COuncilman Ferrell thought they were all surprised that it would cost more money, but they changed the outlook they had on the project from second floors on some to a super block project some time ago and requested the Architects to come up with a design that way. He reiterated Mayor Cassandra's comment, and asked Mr. Uleck to tell the Council what to cut. Councilman Ferrell said the Council was trying to make sure the facilities will serve the people adequately. - 29- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 Mayor Cassandra said they have a $1,000,000 overshoot on just City Hall alone, yet Mr. Uleck said the City needs a new City Hall. To him, that meant spend the extra $1,000,000. There was approximately an $800,000 overshoot on the Library, yet Mr. Uleck told Mayor Cassandra last night that they should do the Library. Right now, 1.8 million dollars was just two items. The Police Department is a couple thousand dollars. The Fire Department is no problem. Mayor Cassandra said the problem was strictly City Hall and the Library. Mayor Cassandra said you could knock off space from the Library. Mr. Uleck had said to do it later. Of the 1/2 million dollars they would save in the Library, Mayor Cassandra said they would be paying $1,000,000 two years down the road to do the same thing. Of the $1,000,000 they would save on doing City Hall, they would pay $3,000,000 two years down the road, if they could do it without breaking down the structures again. If they said taxes would go up, Mayor Cassandra said he would be the first one to vote against it, but the taxes are not going up. He advised that the people told the Council they were willing to pay taxes for 6.35 million dollars, and that was all they were going to pay. The Council did not lead the people down any path. He asked if Mr. Uleck wanted a first class job done now until the year 2010, because that was what the complex was designed for. Mayor Cassandra said they were talking about a population of 62,000 to 70,000 and a growth within the City's boundaries. He stressed that the City needs this now. Mayor Cassandra went into more detail and asked Mr. Uleck to evaluate that now the people would not be paying anything on their taxes. Mr. Uleck asked where the money would come from and added that it was still the taxpayers' money the City was using. Mayor Cassandra replied that the Council was now deciding whether the 2.1 million dollar investment for that construction was being used wisely. Mayor Cassandra said he had made a request of the City Manager to put up the dollars for those areas, and he again asked Mr. Uleck to tell the Council which of those areas he wanted cut down and again named the projects and their costs. Mayor Cassandra said the Council has listened, and they hope their decision is for the benefit of the people. Mr. Uleck argued that was not the point. When they asked for 6.35 million, the Council should have worked with that, - 30- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 or have said they wanted the $8,000,000 "right off the bat". Mr. Uleck exclaimed that City Manager Cheney should have planned that. Mayor Cassandra replied that City Manager Cheney admits he made a mistake. City Manager Cheney knows nothing about referendums. It was a poor guess by him and "his people". Councilman Ferrell interrupted to say: (1) If Mr. Uleck's neighborhood was being torn apart with burglaries and he wanted the City to allocate 10 or 15 Policemen to work over- time, the City would not be going to referendum. A lot of times things come up that cannot be addressed. (2) If they had known the exact figure and presented it on a referendum, it would have passed just as easily as the rest of it did. Councilman Ferrell did not think the people would have questioned the need for the facilities. (3) Councilman Ferrell agreed 100% that the easiest thing for the present Council to do would be to do what has been done around here for years and just go for the 6.35 million and let another Council worry about it and take the heat. He said the Council was investing in the people's future and their protection, and he expounded. City Manager Cheney thought the people needed to understand in part where the 2.1 million dollars probably would come from. He said it was obvious that the cost estimates they used and figures they took out of building indexes, Dodge reports, etc. were, in some cases, low. You never know how to estimate costs for redoing a building. The cost of refurbishing City Hall is very difficult to estimate until you get to this point. City Manager Cheney said they had to rely on figures the best they could and arrived at them. Since that time, with the aid of the Architects, City Manager Cheney said they have done things. As often happens in public construction projects, they did not have the money and resources to do a real analysis of the City needs in the buildings before getting into the bond issue business. Once the projects were approved and they had the people's authority to proceed with the projects and design, which they did not have then, the City looked at some of t'he things that were happening and which could happen. Those began to open up opportunities. Through the aid of the Architects, City Manager Cheney said they concluded it did not make sense to put a second story on the Police Station or a second story on the Library. Way back, it was assumed that made sense and, therefore, the - 31 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 square footage of construction was obviously limited to the existing Police Station and Library. When it was clear it did not make sense to go to second floors, through the advice of the Architects and Engineers, they then took a look at expanding the buildings on the first floor. This created an opportunity to build a bigger building to meet space needs. At the same time, City Manager Cheney said they were meeting with all of the City departments and going into a detailed analysis of what they had and what the growth would be in five or ten years. When they were no longer limited to, for example, 10,000 square feet on the Police and Library, because they put it on the ground and spread it out, and when they looked at the needs projected over the next five or ten years (which was done with all of the departments very much involved), they discovered the additional space made sense toplan for. When they looked at City Hall, they discovered the Council Chambers on the first floor made sense to plan for. Another key thing happened, and that was the communications system because, at the same time, the central communications system between the three major cities in the South County is break- ing up. The City now has to provide space for communications, and it gave the City the opportunity to have an A, #1 communications system and to improve the telephone system. City Manager Cheney continued that they also talked about a bridge between City Hall, the Police and Fire Departments. Because they had the added space, City Manager Cheney reported that they said this was the opportunity for them to plan for more joint Police and Fire activities than they thought they might. They will have a physical training room FUrther in the studies, the Architects concluded that the heating and air conditioning systems in all of the buildings needed to be replaced. The City will have the opportunity to put in a central system which, over time, will save $~0,000 to $25,000 a year because of the nature of the system. They also have the opportunity to tie the whole block together. C~ty Manager Cheney said it seemed sensible to have the Architects take the long term planning point of view and see - 32- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 what the City really needed instead of piece-mealing along' the way and saying cut off at 6.35 million. The Architects knew the amount of money but also knew the City's need. City Manager Cheney pointed out that the Public Works was also included in this, and that cost estimate came in almost on target. When this was presented to the Council a week ago, City Manager Cheney said he indicated what they could cut out to get down to 6.8 million. (He said 6.8 million because they earned interest on the 6.35 million). When you do that, you begin to take away some of the things that are in the long term planning. City Manager Cheney said it makes sense to do the long term planning and cut out pieces if they want to go back to the 6.35 million. They suggested that they would not have to build a parking garage, even though everyone complains about a shortage in parking. City Manager Cheney said it was suggested how they could get the cost down to 6.8 million dollars, and he gave examples, but he did not recommend it because the City zs growing too fast, and they have identified the needs. City Manager Cheney pointed out what they could do for 6.8 million dollars and what they could do if they did the whole thing in long term planning. If they cut back now, they can add some things later, but they will cost more and cause changes in the plan. City Manager Cheney explained and said they were choices the Council had to make. City Manager Cheney said they tried to lay out what they could do for the money that was approved, why they went in this direction, and what the long picture appeared to be. He thought the City would be proud of the design when it is done. They also indicated the source of income. Two years ago, in order to begin to fund capital improve- ments, as well as the bond issue that was approved, City Manager Cheney said the Council increased the utilities public service tax (which appears in electricity, telephone, natural gas, etc. bills) from 6½% to 10%. They made. the distinct statement that the added 3½% was going to be used only for capital improvements. City Manager Cheney said a year or so has gone by as they went through the design process, and they have also gotten into the project of the multi-purpose building, and the COuncil made a tentative decision for a bond issue. The City has not yet spent the money that they would have spent - 33- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 because projects have been delayed. Therefore, to go from the 6.35 million to the $8,400,000, they were suggesting the following: That they use $8,400,000 from the fiscal year 1985/1986 until the service tax is available. City Manager Cheney said that means they will postpone $11,000,000 a year or so, which they are already doing, so they will have it available. The City also used $600,000 of that money for the same argument and the same reasons available of 1986/1987 money. They used $200,000 of interest income they part earned on the 6.35 million dollar bond issue. They will take $50,000 out of the gas tax money for parking lotS, driveways, etc. $156,000 will come out of the fiscal year of 1987/1988 General Obligation Bond interest income. One thing City Manager Cheney understood caused some confusion was that they have in the current Capital Improve- ments Program (CIP) $320,000 for the expansion of Wilson Park. That makes the total of $2,100,000. City Manager Cheney commented that the Wilson Park expansion is not meant to take away any planned improvements in Wilson Park. That money was originally set aside for Wilson Park only to pur- chase the little houses that are kind of in the middle of Wilson Park in case the people that live in the center of the recreation area ever decide they want to sell their houses. In the long run, City Manager Cheney thought it would make sense for those houses not to be there, but there was no suggestion the City was going to take them by eminent domain. City Manager Cheney went into more detail and then added that obviously, nobody is anxious to sell their house now, so that project can be deferred. At this point, the City was not planning any improvements to Wilson Park, as they put a lot of improvements there in the past and are going to do other improvements in the north end of the city. City Manager Cheney advised that the $8,400,000 cannot increase the General Obligation Bond Issue because that can only be set by referendum. The whole thing was put together in this way in looking for good planning. As Councilman Ferrell said, to quote Joe deLong all of those years, City Manager Cheney said Former Mayor deLong was right. Back in the early 70's, if they had done the second floor of the Police Station, Library, and the other projects Mr. deLong was pushing, the City would not be worrying about expansion problems at the Police Station now. They were looking at a - 34- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 projec, t that had a lot of merit and a lot of thought put into it. Mr. Uleck saw where they want another gas tax and asked if it would be put in. Mayor Cassandra answered, "No". City Manager Cheney explained that it was on the agenda because the Board of County Commissioners asked the City to consider it, but it had nothing to do with this matter. Mayor Cassandra informed Mr. Uleck that all of these monies are in the City's pockets right now. The City had the money because it was collected the last two years. Mayor Cassandra said the complex would not be built in three months, but would take time. In the time of two to three years that it might be finished, they would also have capital improvements monies collected in the gas and utilities taxes and the 1987/1988 interest on the 6.35 million dollars already in the bank. If it was done within this year, the City would have approximately $7,000,000 to pay out. Councilman Hester listened to all of the arguments and thought if the job was going to be done right, it would be best to do it right the first time. It is best not to go back and start remodeling again. If they wait too long now, it might increase. He would have imagined that they would have expected it to be more than 6.35 million dollars. At the same time, they might get lucky, and it might come in under the budget. It is always possible. Mayor Cassandra hoped when Mr. Uleck went out to vote for the people on the Council that he voted for the best. He hoped Mr. Uleck would give them credit for looking out for the interest of the people, even when they spend their money. Councilman Ferrell referred to Mr. Uleck's statement that they should go out and talk to the people and stated that nobody can go out and talk to 45,000 people because it is impossible. He thought Mr. Uleck should be proud that Boynton Beach has such far sighted government that they can absorb $2,100,000. Ralph Marchese, 1901 Roma Way, felt like Mr. Uleck when he first came here. He stated that he has great respect for the Council. Police Chief Hillery took Mr. Marchese through the Police Station, and Mr. Marchese agreed that they need people and space. The Fire Department is just as bad. Mr. Marchese asked if the study was now completed. City Manager Cheney answered affirmatively. At this point, whatever the - 35- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 Council decides next, he said the City will then go into the working drawings. City Manager Cheney said Mr. Miller, of Miller & Meier Associates, would confirm that the dollar amount was what they were talking about as they go into the working drawings because they have the overall plan and ten year analysis. He thought they had something for ten years. Mr. Marchese referred to Former Mayor Joe deLong and said, "Let's do it right." He changed his thinking and told the Council to go for the $2,100,000, and added that he knows they will be coming back for more money because he never saw a plan that didn't come back for more money. Mr. Marchese did not see how they could deprive the people of a decent Police Department and Fire Department. They certainly need a City Hall, where people can work. The Library is for the young people of the future. Mr. Marchese trusted the Council would bite the bullet hard and go forward. City Manager Cheney did not think the people realized that part of the program they are doing is a Public Works complex, ~otor Vehicles, Motor Vehicle Service, Building Maintenance, and a Warehouse Facility. There were more comments from the Council. Vice Mayor Zimmerman still thought they might be hoodwinking the public a little bit on the $2,100,000. If they have $2,100,000, they can use it more than one way. They could use it for this purpose or for a number of other purposes that the City needs it for. If they spend it for this, Vice' Mayor Zimmerman pointed out that it will be gone. Any- thing else the City needs money for will have to come from taxes. That was the way the picture was laid out to him, and Vice Mayor Zimmerman stated it was exactly mathematically correct. He told the Council not to hoodwink the public and say the extra $2,100,000 being spent for this came from nowhere, does not affect anything else, and everyone had to be happy about it. There is another side to the picture. Councilwoman Zibelli noticed everyone was saying Joe deLong said to go ahead with it. She knew he did with the Police Department, but she also heard him say a referendum was a contract with the people. Councilwoman Zibelli personally could not see where they could cut. The only place would be from the Library, and it would be almost heresy to do that. Mayor Cassandra said you can cut and build an asphalt parking lot, which would save $394,000. The walkways in the drawings - 36 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 are another $185,000. Mayor Cassandra said if they shelve the physical training, it would be another $239,000. If they eliminate the central plant design and go back to individual air conditioners, it would save another $175,000. They could defer the children's section of the Library, which would be another $493,000. If you defer all of this, Mayor Cassandra said the Architects' fee would be $118,000 less. That was presented to the Council by City Manager Cheney, and Mayor Cassandra did not want anyone to say City Manager Cheney in anyway tried to hoodwink them. He put everything down on paper for the Council to evaluate and said where the money would come from. Mayor Cassandra further explained. Mr. Uleck wanted to know what percentage the Architects were working on. When this was set up, Mayor Cassandra said of the 6.35 million dollars, the Architects' fee was $494,000. With the added construction, it went up to $627,000. For about half of the buildings, City Manager Cheney said the fee is 8½%, and for about the other half of the buildings, the fee is 7½%. He added that is the American Institute of Architects'(AIA) standard. Mr. Joseph Molina, 811 S. W. 6th Avenue, Boynton Beach, was looking at all the one story structures, not considering what they were, and believed the reason for the two story building was incorporated into the plan because of the short- age of land for parking spaces. He asked if there was any way to raise the one story buildings over the parking. Mr. Miller, Architect, thought it would be more expensive to do office space above the parking structure than just do- ing parking on top of parking. One of the reasons for the one story buildings or the maintaining of the Police Depart- ment in one story is operations. If they tried to build a second story above what the City has now, one of the major problems would be where they would put the Police while they do the building. When they were finished, Mr. Miller asked, "What would be the layout the Police would have for their building?" The same thing happened to the Library. If they did a two story Library, Mr. Miller said it would take considerably more staff to manage and run the Library. Operation costs would go up considerably. The design asks for a library where people can be observed and helped. The reason for some of the one story designs is to accomplish a task. Communications is on a second floor because if one day we have a hurricane, they do not want communications to be under - 37- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 water. Things like that made the design happen. The design fits. It makes the complex one, which gave them some opportunity, architecturally. Mr. Miller said they are able to get a better expression for the City with one large build- ing, not a series of small two story buildings, and a better operating building. Mr. Miller continued that they have a chance to better serve the building mechanically off of the central system. This will not only make them work better to make the equipment last longer, but it will cost less money to operate. The City is investing money to save money. Mr. Miller reiterated City Manager Cheney's comments about how they made their study and arrived at the square footages. That was what added to creating the space. With all of these numbers, Mayor Cassandra pointed out that everything came close to the money except City Hall and the Library, and he reiterated the figures. They all came within $100,000. Mayor Cassandra did not think anybody wanted to cut from the Library or City Hall. May~r Cassandra asked whether the Council wanted to go with the 6.35 million dollars, which would mean a whole new shuffle of design, or if they wanted to go ahead and do it now and hope they will recover the $2,100,000 in the next two years. As they heard, the Council had tentatively approved the $11,000,000. In October, they will be going up for bonds. Motion Councilman Ferrell moved to go ahead with the final recom- mendations of Miller & Meier Associates and to authorize them to proceed with working drawings for the building and interior. Councilman Hester seconded the motion, and the motion carried 4-1. Vice Mayor Zimmerman voted against the motion. Position of Facilities/Project Manager - Capital Improvements Program City Manager Cheney said it was important that they authorize, during this construction period, a Facilities/Project Manager who will be the key liaison organizer between all of the departments with the Architect and Contractor with all of the moving around and details that will take place. He must be available to do those things. City Manager Cheney felt the investment would be well worth the position. - 38- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 Vice Mayor Zimmerman asked if the Council could consider the job to fade out when the funds fade out. City Manager Cheney answered affirmatively and was quoting the position to the Council for during the construction. They will worry about what happens after that later. Councilman Ferrell moved to approve the position of Facilities/Project Manager for the duration of construction. Councilman Hester seconded the motion. Motion carried 5-0. NEW BUSINESS ae Consideration of Additional Local Option Gas Tax and Execution of Sharing Agreement City Manager Cheney drew attention to his memo of June 3 and said there were two things to consider. He asked if the Council wanted to take a position on the other 2¢. If they did not want to, he hoped they would agree to entering into the Interlocal Agreement so that if the 2¢ is there, the City can be sure they will be anticipating ih the Interlocal Agreement. If they said "Yes" to it, Councilwoman Zibelli asked if they would really just be agreeing to the Interlocal Agreement and not to the raising of the 2¢ gas tax. City Manager Cheney answered, "Absolutely". He added that the City already has 4¢ and is anticipating its share of the 4¢. He anticipated the City still wanted to participate in its share, whatever that is. Councilman Ferrell moved to enter into the Interlocal Agree- ment, seconded by Councilwoman Zibelli. Motion carried 5-0. It was decided to forget about the 2¢ and to let it lie for now. ADMINISTRATIVE ae Consider Appointing Alternate Member for Building Board of Adjustment and Appeals - Appointment to be made by Councilwoman Dee Zibelli (Postponed at Meeting of May 20, 1986) Councilwoman Zibelli appointed Craig Livingston, 639 East Ocean Avenue, Boynton Beach, and said he has agreed to serve. Councilman Ferrell moved to close the nominations, seconded by Councilman Hester. Motion carried 5-0. - 39- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 Councilman Ferrell moved to accept Craig Livingston as the Alternate Member for the Building Board of Adjustment and Appeals, seconded by Councilman Hester. Motion carried 5-0. Be Accept Resignation from Bill Condry - Community Relations Board - Term expires April, 1987 Vice Mayor Zimmerman moved to accept the resignation from Bill Condry and that a letter be sent with the normal thanks and with the hope that his personal problems are solved quickly. Councilman Ferrell seconded the motion. Councilwoman Zibelli accepted the resignation with much reluctance and explained that Colonel Condry resigned so his time would be allotted to his mother's health. She added that he was a fine Member. Consider replacement of above to be made by Council- man Ezell Hester Alternates currently on Board: "Sam" deLong - Term expires April, 1988 Gertrude Lubin - Term expires April, 1987 Councilman Hester understood about the Alternates but moved to appoint Margaret Newton, N. W. 6th Avenue, so they would get some "new blood" on the Board. Councilman Ferrell moved to accept Margaret Newton as the replacement for Colonel William Condry on the Community Relations Board, seconded by Vice Mayor zimmerman. Motion carried 5-0. Ce Accept resignation from Don McKone, Alternate - Codes Enforcement Board - Term expires September, 1987 Vice Mayor Zimmerman moved to accept the resignation with regrets and to send a letter of appreciation. Councilman Ferrell seconded the motion, and the motion carried 5-0. 1. Consider replacement of above to be made by Vice Mayor Carl zimmerman Vice Mayor Zimmerman moved to table this matter, seconded by Councilwoman Zibelli. Motion carried 5-0. Consider appointments to be made to the Golf Course Advisory Committee Alfred J. Peiffer, Regular Member, Term expires 6/6/86 - Mayor Nick Cassandra - 40- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 Mayor Cassandra reappointed Mr. Peiffer as a Regular Member on the Golf COurse Advisory Committee, for a five year term. Councilman Ferrell moved to accept the recommendation, seconded by Vice Mayor zimmerman. Motion carried 5-0. Nelson List, Alternate Member - Term expires 6/6/86 Councilman Robert Ferrell Councilman Ferrell moved to reappoint Nelson List as an Alternate Member for a term of one year, seconded by Vice Mayor zimmerman. Motion carried 5-0. jOseph Cristiano, Alternate Member - Term expires 6/6/86 - Councilwoman Dee Zibelli Councilwoman Zibelli moved to reappoint Joseph Cristiano as an Alternate Member for a term of one year. Councilman Ferrell moved that the nominations be closed, seconded by Vice Mayor zimmerman. Motion carried 5-0. Consider appointments to be made to the 1986-1987 Youth Advisory Board Vice Mayor zimmerman moved to accept the memo by City Manager Cheney, City Manager, dated June 3, 1986, for the membership of the Youth Advisory Board, as follows: Tracey Gilbert, Clayton Griffin, Carlton Ivery, and Melissa Martens, Returning Members; Katharine Anderson, Evangeline Ezeilo, Rene Ferris, G. Lynette Jackson, and Selena Danese Razz, New Members; and Elizabeth Tinker and Tiffany Walker, Auxiliary Members. Councilman Hester seconded the motion, and the motion carried 5-0. ADJOURNMENT There being no further business to come before the Council, the meeting properly adjourned at 10:35 P. M. -41- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1986 ATTEST: (Threeg TSars ~ary CITY OF BOYNTON BEACH f/<~f ~~'~f'~Mayor Vice Mayor ~;Uncilman Councilman - 42- AGENDA June 3, 1986 CONSENT AGENDA - ADMINISTRATIVE 1. CLUB CAR Lease and maintenance for 30 carts for May, 1986 Pay from Golf Course---411-727-572-40-33 $628.50 411-727-572-40-99 1590.00 2,218.50 2. EDWARD D. STONE, JR. Professional services for Boynton Beach Boat Club Project #85463 - Agreement dated 2/24/86. Pay from Operating Capital Improve.---301-721-572-60-3L 6,281.02 3. KENT EWING ENTERPRISES INC. Trees for Golf Course Pay from Golf Course---411-726-572-60-35 3,509.00 4. IBM CORPORATION Maintenance service for May, 1986 for Printers etc. Pay from various departments in city. 1,023.50 5. JONES CHEMICALS, INC. Chlorine for Water Plant Pay from Water & Sewer Rev---401-332-533-30-63 1,914.00 6. WILLIAM M. MERCER-MEIDINGER, INC. Quarterly billing for services rendered during third quarter ending 4/30/86. Pay from Retirement Trust Fund---611-137-513-20-29 1,250.00 7. SCS INDUSTRIES, INC. For 1 Compressor - Set up charges 4 Bottles per specifications in maintenance agreement. Pay from General Fund---001-221-522-60-42 $1787.00 001-222-522-60-42 8307.00 Pay from Fed Rev Share--320-221-522-60-42 1636.00 Council approved 4/1/86 11,730.00 8. CHARLIE ANDREWS Driver for Senior Citizens Club 4 weeks Pay from Fed Rev Share---320-641-564-40-5A Per Ordinance #73-15, passed 5/15/73 280.80 9. WILLIE RUTH MCGRADY Serve~ for Senior Citizens Club 4 weeks Pay from Fad Rev Share---320-641-564-40-5A Per Ordinance #73-15, passed 5/15/73 268.80 Page 2 10.DAVIS METER & SUPPLY Pump and motor for Lift Station #302 Pay from Water & Sewer Rev---401-352-535-40-33 ll.S.G. PHILLIPS CONSTRUCTORS OF FLA.,INC. EST.#8 Construction of Plant Expansion Project SCRWTD Plant, City of Boynton Beach's portion. Pay from 1985 Construction Fund---409-000-169-12-00 2,421.00 1,024,625.69 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Grady W. ~ann, Finance'Di{e~or ~ I therefore recommend payment of these bills. ~eter L. er