The URL can be used to link to this page

Minutes 05-06-86MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, MAY 6, 1986 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Carl Zimmerman, Vice Mayor Ezell Hester, Jr., Councilman Dee L. Zibelli, Councilwoman ABSENT Robert Ferrell, Councilman 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 Rev. R. M. Lee, St. John's Missionary Baptist Church, followed by the Pledge of Allegiance to the Flag led by Councilman Ezell Hester, Jr. AGENDA APPROVAL City Manager Cheney had three add~ "OLD BUSINESS, C.", he added "Reql firm the Additional Contract with the City's New Western Oil Field" added under the "CONSENT AGENDA, Testing Lab of Palm Beach County said it was for test wells. Unde Budget Review", he wanted to add ~ Department relative to the Accoun~ .tions to the agenda. Under lest City Attorney to Con- the City's Surveyor for City Manager Cheney [. Approval of Bills", The .n the amount of $6,825 and ' "ADMINISTRATIVE, A. Ln item in the Finance ant III position. After "Proclamations" and before Cassandra added "Memorial for Joe tions, a)," he added his concern Council. Councilwoman Zibell~i moved to acc corrections, seconded by Councilm 4-0. ANNOUNCEMENTS Mayor Cassandra made the followin~ Fifth Annual Open House & Displ~ Water Treatment Plant, 1620 Sou~ May 6th & 7th, 9:00 A. M. to 12 to 6:00 P. M. 'Presentations", Mayor deLong". After "Presenta- Lbout the lack of a full ~pt the agenda with the ~n Hester. Motion carried announcement: y Tour - Boynton Beach ~h Seacrest Boulevard, 00 Noon - 2:00 P. M. - 1 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 PROCLAMATIONS The following Proclamations were read by Mayor Cassandra: a) National Historic Preservation Week - May 11-17, 1986 b) Soil and Water Stewardship Week - May 4-11, 1986 c) American Business Women's Scholarship Month - May, 1986 MEMORIAL FOR JOE deLONG - Requested by Mayor Cassandra Mayor Cassandra requested that the City, out of its funds, donate $100 to the Memorial Tree Fund in honor of Joe deLong. He passed the gavel to Vice Mayor zimmerman and made a motion authorizing City Manager Cheney to transfer $100 to the Tree Memorial Fund in the name of the City Council and Mayor in honor of Joe deLong, seconded by Councilman Hester. Motion carried 4-0. PRESENTATIONS olice Department Summary of Crime Statistics that relate to oynton Beach About the same time that Police Chief Edward Hillery gave a presentation on drug action awhile ago, City Manager Cheney said the Mayor received the crime statistics throughout Florida and probably nationwide for 1985. There were a lot of newspaper articles at that time about what all of those things meant. City Manager Cheney thought it would be interesting to take apart those crime statistics as they affected the City to give everyone some idea of where the City stands and what went on during that year. Chief Hillery said the crime statistics are reported by the Federal Government on a yearly basis. What they consider in reporting are Part 1 crimes. The major Part 1 crimes are robbery, aggravated assault, rape, burglarly, larcency and motor vehicle thefts. Chief Hillery and his staff worked on P ercentages. For example, the City had a 42% increase in obbery. Then they took what they call the South County Lake Worth, Boynton Beach, Delray Beach, Boca Raton, and antana) and averaged the increases in all of those cities ecause they felt the crime in the southeast end of Palm each County was relative to all of us. They wanted to see ow Boynton Beach is doing compared with the South County nd Countywide. He showed the percentages for the Part 1 crimes in the City, South County and Countywide. Rapes in the City were down - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 27% but arrests were up 16%, which indicated the Police Department was working the rape cases in a better fashion or that some of the seminars and the media are having an effect. When he addressed the Council before, Chief Hillery said the drug problem was causing violent crime problems (burglaries, robberies, and thefts). When they started making arrests here, they found the burglaries increased at a slower rate than in other areas of the County. This City is the only city in the County that has burglarly in three figures, not four figures. Chief Hillery explained that the crime rate is based on the number of Part 1 crimes per 100;000 residents. Boynton Beach does not have 100,000 residents, so it is worked out mathematically. The total Part 1 crimes reported for ~oynton Beach were 3,399. Of those, 962 were cleared, which ave the City a clearance rate of 28.3. Boynton Beach is lower than other cities of similar size in the County, and Chief Hillery showed the comparisons. Chief Hillery said Boynton Beach's crime rate is a +17.1 atechange from last year because they had a 19.9 increase n the crimes he had just presented. Apparently, the south end of the County is experiencing similar growths in crime. Mr. Ralph Marchese, in the audience, asked if "clear" meant the Police Department solves a crime. Chief Hillery answered affirmatively and expounded. Chief Hillery also wanted to know where in the City the violent crimes were taking place because he had told the Council the violent crimes were the result of the drug problem. He presented an overlay depicting eight zones in the city. Zone 8 was the mall, and every day 40,000 people go in and out of it. The population of Boynton Beach is 40,000. The Part 1 violent crimes are robbery, aggravated assault, and rape. The City had 601 of those. Mrs. Wilda Searcy, in the audience, asked for the boundaries of the zones. Chief Hillery showed the zones and their boundaries on the over- lay. Almost 1/4 of all of the violent crimes occurred in Zone 1. Zone 2 had 20%, and Zone 3 had 45%. Zone 8 had 1%. The area of violent activity coincided with where the drug deal- ing is going on. Chief Hillery said the figure for Zone 4 was misleading because that is where the Police Department MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 is. Any time an arrest is made and they bring someone to Police headquarters and find him in possession, the Police Department's address goes into the computers. Also, if an investigation is taking place, they put down the Police station's address. Chief Hillery said the Boynton Beach Police Officers are the most assaulted in the County. City Manager Cheney pointed out that 80% of the arrests for violent crimes and activities take place in Zones 1, 2, and 3. Chief Hillery pointed to the zones on the overlay, called them the "hot spots" of the city, and said they were the east and west sides of Federal Highway, north of Boynton Beach Boulevard, over to 1-95. City Manager Cheney said this information was presented as general information so everyone would know it. It would also be the basis of the information the Council would be reviewing at budget time and is the basis on which they assign manpower. ~ity Manager Cheney told the Council this would be given to them in a hand-out. He informed Councilwoman zibelli that these were 1985 figures, and they relate to the 1985 crime statistics which are printed once a year. That way they can relate the figures to Statewide and National figures. They will do it at the end of June for six months and will come back and discuss whether to cut the zones smaller. A woman in the audience questioned whether she could obtain a hand-out. City Manager Cheney replied that every piece of information made available to the Council is available to everyone. He asked that she give the City a week to get the hand-outs ready and said she could get them in his office. Every six months, Chief Hillery said they can make a comparison of what is going on. City Manager Cheney thought the figures for the mall were meaningless, as they were just for the last three months of 1985. Per capita, say the City has 40,000 people and the Police ~epartment consists of 100 people, Mr. Ralph Marchese, in ~he audience, asked if the Police Department was under- staffed, overstaffed, or where they stood. He wondered if they needed help. Chief Hillery felt every City had a different idea of what it wanted for staff, and he explained. ity Manager Cheney interjected that Gulfstream has 13 per ,000. The City is 2.2. 2 to 2.5 is an average, depending on what you are trying to do. City Manager Cheney said - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 Sheriff Wille wants to get up to 2.4, but those figures are hard to talk about. The Sheriff has large acres to patrol with no people, and it is time consuming. City Manager Cheney advised that he had a report he could make available that is generally accurate as to how many Officers there are in each community per capita. Mr. Marchese rephrased his question and asked if they were satisfied that the City has a Police Department that is large enough for its area and problems. At this present hour, Chief Hillery said the Police Department was all right, but~ it did not mean he was not going to ask for more people. City Manager Cheney emphasized that he did not want people ~ to think this was a budget build-up because they can only make budget decisions in the context of all City departments and all income. It was meant to be for providing informa- tion, and that was all. Mrs. Wilda Searc¥, in the audience, felt people are becoming more concerned that what is going on in the community is the reason for the City trying to explain itself, and they appreciate it very much. She thought citizens should come forward to help the Police. There was applause~ Councilwoman Zibelli commented that citizens becoming more aware comes through Police Officers going out and getting the Crime Watch program together. CONCERN ABOUT THE LACK OF A FULL COUNCIL - Mayor Cassandra As the Council Members were aware, they had a Special Council Meeting the early part of April on a question concerning R/O (reverse osmosis). Tonight, Mayor Cassandra said those people were here to get a result. At that time, as Chairman and Mayor, he was concerned with four Members on the Special Council that it was possible a tie vote would occur, and the end result would be no accomplishment. At that time, Mayor Cassandra also made the Councilman not present tonight aware of what they did and of the Council's concern that he be here. He was advised that the Councilman is on one of the Boards of the Florida League of Cities and would be going there. Subsequent to that, on April 25th, Mahogany ~ay asked Mayor Cassandra to look at their homes to see if his opinion would change on the safety feature as far as sprinkler systems were concerned. He took City Manager Cheney along. At that time, - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 Mayor Cassandra was shown why Mahogany Bay thought this particular feature would not be necessary in the safety of people. He raised the question, "What's the hurry?", and they implied that they might be coming for a certificate of occupancy (C. O.) within a week. Mayor Cassandra implied that there might be only four Council Members tonight, and that could also end up in a tie vote. As he thought about it, Mayor Cassandra, not being in construction, was concerned about how they could come up for a C. O. without finished walls, if this was the building that was involved with sprinkler systems. Dollars and cents came to mind, so he thought it was a rather important decision to be made tonight. Mayor Cassandra found it was not on the agenda and assumed City Manager Cheney would answer that question in his report. When he saw these two possible questions, Mayor Cassandra became concerned as Mayor and wrote Councilman Ferrell a note on April 28th, as follows: "I know we discussed the possibility that you will not be at the May 6, 1986 Council meeting. I would like you to reconsider your priorities between the Florida League of Cities and Boynton Beach. As Mayor, I am concerned with the issues that will be confronting the City Council. These issues are important enough to require a full Council. This con- cern I have is the possibility of a tie vote, which would not help either of the proponents (the people involved). This possibility of voting result makes my request, as Mayor, that you reconsider and that you will be at the Council meeting on May 6, 1986." Mayor Cassandra commented that they had no rules saying Councilman Ferrell had to be here, and Councilman Ferrell was entitled to do what he wished until something exceeds he limit of common sense. If he was there on his own, ayor Cassandra's concern was that it should be paid out of Councilman Ferrell's own pocket and not be an expense of the City because to him, that was an unauthorized trip, since ~he Council authorizes all trips of Council members. Mayor Cassandra brought this up on this particular case because the people that are involved in the City's decision making were here tonight because he implied there would be a full Council and the people had thought there would be. He - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 stated that he also implied that same decision to Councilman Ferrell. Councilman Ferrell picks his priorities. That is his decision, but Mayor Cassandra said the way they spend money is the Council's decision. He raised the question to the Council for their decision making tonight as far as the monies toward an unauthorized trip. Mayor Cassandra's recollection was that the Council did not consider that trip. He brought it up for discussion purposes. Councilman Hester asked if anyone knew anything about this. Mayor Cassandra clarified that Councilman Ferrell is on one of the Boards of the Florida League of Cities. Councilman Hester referred to Mayor Cassandra mentioning about the City paying for Councilman Ferell's bills Mayor Cassandra thought that was a good point and remarked that maybe Councilman Ferrell was picking up his own tab, and he Cassandra) was just "spinning his wheels" for nothing. hat was what Councilman Hester was trying to find out. Vice Mayor Zimmerman asked if any of the staff recalled any- hing. Mayor Cassandra did not want to put the staff on the arpet. City Manager Cheney did not know but assumed, pend- ing a decision by the Council, that Councilman Ferrell was ~xpecting the City to pay his expenses since he did indicate it when he was appointed to the Committee this year and last year. He assumed that Councilman Ferrell was assuming that there as a e was representative of the City on the Florida League of Cities Regular Committee of Legislative Structure. Normally, Mayor Cassandra would probably go along with City Manager Cheney but as he personally, as Mayor, brought it to Councilman Ferrell's attention that he should be here ~nd that the issues were important enough to warrant his being here, Mayor Cassandra felt Councilman Ferrell's priorities should be the City of Boynton Beach first and ~hen the Florida League of Cities. He thought that should be true for any Council member, not only Councilman Ferrell. Mayor Cassandra was not singling out Councilman Ferrell and mphasized that the incident was the topic, not the Council- .an. There are issues that require the full Council. Mayor assandra recalled when two Council Members were missing. A ery important issue came up, and they have had the hullaba- oo of the Tradewinds incident since then when it should have een a full Council decision. That was a judgment call, who- ver was in the Chair at that time. Mayor Cassandra could - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 not argue judgment calls but stressed that is the importance of a full Council. In this case, when he made the request and made Councilman Ferrell aware of the importance, Mayor Cassandra said Councilman Ferrell at least heard from him as to the impor- tance of his being here. As there was no discussion, Mayor Cassandra passed the gavel to Vice Mayor Zimmerman and moved that Councilman Ferrell's trip to the Florida League of cities was an unauthorized trip since it was not brought to the attention of the Council in advance, and therefore, Councilman Ferrell should not be reimbursed for this particular trip. Council- woman Zibelli seconded the motion for discussion. Since Councilman Ferrell is a Member of the Florida League of Cities and the Council named him as such, Councilwoman Zibelli asked if Councilman Ferrell needed the Council~'s OK before making these trips, or if the Council is to know that the trips are proper and Councilman Ferrell collects his money afterwards. She wanted to know what the Council was basing this on. Last year, when they went to the Florida League of Cities' meeting in Hollywod, Councilman Hester thought it was authorized at the Council meeting that three Council members would go. Since Councilman Ferrell is a member of that Committee, Councilman Hester did not know whether it was understood that Councilman Ferrell would go and the City Would pay his expenses. Mayor Cassandra noted the same thing was on the agenda tonight. When a Florida League of Cities' appointee is made by Council, Mayor Cassandra said it is normally understood that he would be able to go as normal, if possible. Normally, they do not coincide with the Council meetings. There are times that all Council Members, for one reason or another, miss a meeting. Of course, there are sensitive issues. In his opinion, Mayor Cassandra thought any trip made by a Council Member should go through the formality of approval so that they would not take off any time they want. There is some control, and this Council body does not abuse it like other cities and counties have. If they do not set up a procedure of approval, Mayor Cassandra said tomorrow he could go some place and say he is going for the City. There is an understood question, and - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 there isn't an understood question. Councilwoman Zibelli noticed in her mailbox a communication stating that they should notify when they are going on vacations, wherever they are going, unless they meet someone and say they are not going to be at the Council meeting. She asked if there was a set procedure. City Manager Cheney advised that the procedure is that they usually let his office know. Sometimes they write it out and put a note in all of the other Council boxes or his office writes it out for them. City Manager Cheney had raised the questions of vacations because the City tries to work budget review questions around vacations. Councilwoman Zibelli could see the problem they could go through where they were liable to have a 2-2 vote. Tonight they would vote on reverse osmosis, and it makes it diffi- cult for other people coming from various parts of Florida when they are being stuck with a 2-2 vote. ~ayor Cassandra thought they should extend certain courtesies ~o each other and to the Chair. He felt the courtesy of response to the Mayor should have Come by stating, "I will ot be there or sorry, I can't honor your request." That as not done so, as far as Mayor Cassandra was concerned, he felt as far as Councilman Ferrell was concerned, Boynton Beach came second. That was an assumption, and Mayor Cassandra admitted he should know better than to make an ssumption like that. Councilman Ferrell did receive a letter. Mayor Cassandra requested from the Chair that Councilman Ferrell be here. If he decided not to come, a courtesy of response should have come one way or the other. ith what the Council said about understanding him going here, Mayor Cassandra said Councilman Ferrell should have ~ade a response so they could have at least warned the want to t on people here tonight that they may table i the ~ossibility of a 2-2 vote. The decision was up to the Council, and Mayor Cassandra r b ought it up because he was concerned as the Mayor of the dity as to possible disagreements from applicants because of a tie vote that might occur. ~ice Mayor Zimmerman did not see too much of a problem with a Councilman missing a meeting. He thought there was a ourtesy they needed to extend to each other and should give otificatiion, if possible, if they are going to be absent. - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 He saw a bigger problem with spending City money that has not been authorized. Over the years, Vice Mayor Zimmerman thought most of the Members of Council also had their expenditures authorized before they "stuck their necks out" and went on a trip. This is a legitimate trip, and he was not bothered with that, but it had not been authorized, so Vice Mayor Zimmerman said he would have to go along with Mayor Cassandra's feelings. A vote was taken on the motion, and the motion carried 4-0. There was applause from the audience. CITY MANAGER'S REPORT Mahogany Bay and The Landinqs City Manager Cheney had answered the issue on the sprinkler ~ystem; the Council had voted against the recommendation, so it was a dead issue as far as he was concerned. However, he had a letter from the Attorney for The Landings originally asking that it be on this agenda. Last week, City Manager Cheney received a letter from the same Attorney indicating hat he would like it postponed for two weeks and saying omething to the effect that they are not ready to proceed ith their request. There was no formal request for it to be on the agenda, ~'hich was why it was not there. If there had not been a ~equest from one of the developers, it would not have been cn the agenda anyway unless the Council asked for it to be, and City Manager Cheney stated that he was not going to put t back on the agenda. ~.ayor Cassandra asked if the developers were still building. City Manager Cheney replied that they are. They know full ~ell that there is a requirement for sprinkler systems and that requirement can be enforced. Even though a mistake was ~.ade by the City, City Manager Cheney has seen cases where a garage has been torn down because a mistake was made, and they know that. They are making a developer's judgment and are proceeding, obviously hoping that at some point the Council Members might change their minds. If the Council ~embers do not change their minds, the developers will have ~roblems. lice Mayor Zimmerman wished to make his position clear and dvised that he will not change his mind because he feels hey need the safety that the Ordinance provides in connec- - 10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 tion with the building of frame structures of this type. He had not changed his mind and did not intend to. city Manager Cheney would not have mentioned this issue to the Council, except the Mayor brought it up. Vice Mayor Zimmerman thought the builder should know how he felt about it. Auction of Old City Vehicles City Manager Cheney reported that the City took in $45,600 at this auction. Mayor Cassandra inquired about the limousines. City Manager Cheney replied that they hope to sell the two taxis and a limousine at an auction in Boca Raton in two weeks, but the Court papers might not get through on the limousine to sell it. As soon as they get the Court papers, the City will find some place to sell the limousine immediately. Apparently, they will not be able to keep one limousine. It will go back to the owner. Award from Government Finance Office Association This year, the City tried to get another award and submitted the budget to this Association to see if they could get a certificate for performance in budget preparation. The City received the award the first year and got a lot of comments about it. City Manager Cheney did not agree with their comments on the way to present a budget, so the City may end p putting together a mini-budget which will be sent to them or an award. Meeting re Countywide Planning Council ity Manager Cheney announced that tomorrow night (May 7, 986) at 5:00 P. M. at Atlantic Community High School, this meeting sponsored by the County will he held. The Task Force working on this will present it for public input at three or four locations throughout the City. The first one will be tomorrow night. PUBLIC AUDIENCE Mayor Cassandra announced that anyone wishing to speak on any item that was not on the agenda could do so now. Drugs Leon Jenkins, 3949 Dolphin Drive, commended Police Chief Hillery and said the drug actions have decreased at the E-Z - 11- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 Market located near N. W. 10th Avenue on Seacrest Boulevard but, unfortunately, they have moved north to where they are actuallY selling drugs on his front porch. He has a build- · ng adjacent to that area. They are behind the building also, and this concerns Mr. Jenkins. City Park Mr. Jenkins assumed the City had some interest in the park in that triangle because there is a sign saying, "No Cars Allowed". The place has become a breeding ground for filth, P ublic drinking, drug transactions, and anything negative hen you think of people getting together to concoct violent rimes. Mr. Jenkins felt the area was used exclusively for hat. He erected a fence adjancent to the area and said sople are there from 10:00 P. M. until 2:00 or 3:00 A. M. stting drunk, etc.. Then they go off and do their dirty seds. Me. Jenkins suggested the City either close the park or enforce something there. No cars should be allowed, but t~ey park cars there, and their bright headlights shine in the windows of his tenants. Mr. Jenkins did not think the PQlice had enough manpower to drive there four or five minu- tes each day and thought they had to do something about the park. Councilman Hester asked if Mr. Jenkins was talking about the park right off of Martin Luther King, Jr. Boulevard. Mr. Jenkins did not know which area was designated as a park but said it is where the old tree used to be. Someone owns the property west of there that is adjacent to his Property. When he purchased his property, all of the cans, paper, and dgbris had blown on it. Mr. Jenkins received a citation from the City to clean it up. He erected a fence but did not see where anyone was doing anything about this. The City used to have a dumpster located there, but now it is a breeding place for the types of acts being talked about tonight. Mayor Cassandra observed that City Manager Cheney was taking notes and said the normal policy is for the City Manager to c~me back and make some statements about the problems. He tOld Mr. Jenkins to come back in two weeks to see what City Manager Cheney would suggest or recommend. Mr. Jenkins commented that the new law about drinking alcohol might help. - 12 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 Summer Programs and Work Programs for Children Wilda Searcy, 402 N. E. 13th Avenue, thanked City Manager Cheney and the City Council for the summer programs for the children. She pleaded for the Council to come up with a work program for them next year. Parking Ordinance Ms. Searcy had a four page statement about the Ordinance on Parking and knew Attorney Vance was aware of some of it. Streets With the Ordinance that is on the books, Mrs. Searcy thought some people could be ticketed, etc. because it is awful try- ing to drive down those streets, especially at night. Cars are parked on the streets, etc. copies of Ordinances Mrs. Searcy said she would take the Ordinances to Betty Boroni, City Clerk, so copies could be run off. She read off the numbers of the Ordinances. Tradewinds Development Mrs. Searcy drew attention to the Council Meeting of March 9, 1986 when four Councilmen rejected the Tradewinds and asked why. City Manager Cheney informed her that the City has been taken to Court on this issue, and they were not in a position to make any further comments. Fire Sprinkler Systems, Mahogany Bay and The Landings Ralph Marchese, 1901 Roma Way, asked if the Council was saying the City has another developer or builder who is thumbing his proverbial hand at the City .by not meeting the present Codes as to fire sprinkler systems~. In his opinion, if there is a law on the books, it should be abided by. If developers are doing anything contrary to the City's Codes they should be shut down, particularly if it has something to do with fire, and he elaborated. Mr. Marchese was sure the City's Fire Department would not support such an item. City Manager Cheney informed Mr. Marchese that the builder made application, conformed with all of the Standard Building - 13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 Codes, and sometime subsequent to that, the City discovered that they overlooked another Section of the City's Code which was not a part of the BUilding Code. It had been added to the Code sometime in 1974. That section of the Code is separate from the normal Building Code and does require sprinklers in wood frame buildings over two stories or 20 feet in height. The City brought that to the builder's attention and pointed out to him that they made an error. They reviewed it and pointed out to the builder and the Attorneys involved that the City could enforce this requirement even though they made a mistake and found it after the fact. The builder understands that. City Manager Cheney said the builder will not get his certificate of occupancy, which is the City's final hold over a builder, until he meets all Codes. In the process of that, City Manager Cheney said the Council was presented with a staff memorandum, signed by him, based on the staff's discussion, recommending that portion of the Code be amended. The Council voted 5-0 not to accept City Manager Cheney's recommendation. Therefore, that Code still stands. Before the builder gets his C. 0., he will have to install sprinkler systems in those buildings. If the builder chooses to continue to construct those build- ings and the Code stays as it is, that is the builder's expense problem. The City brought it to his attention, so he knows about it. There is no basis for the City to close him down at the moment. Cemetery Ben Uleck, 1507 S. W. 17th Avenue, told of all of the flowers being stolen from the grave sites of his son and his mother and said it was the third time this year. It occurred twice last year. Mr. Uleck suggested the Council think about putting up a Cyclone fence and gate around the cemetery and that the gate be closed at 7:00 P. M. and opened when the e~ployees go to work. On Saturdays and Sundays, Mr. Uleck observes young men and ladies jogging around Memorial Park. Children coming from school cross the entire cemetery from Woolbright down to Seacrest. Instead of stealing just the flowers, Mr. Uleck predicted that some day they will take the vigil lights and then the brass vases. Eventually, they will take the markers. - 14 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 Mayor Cassandra interrupted to tell Mr. Uleck he should go to the Cemetery Board because they have a budget and can recommend the expenditure. City Manager Cheney added that normally, any changes in the Cemetery are first recommended by the Board of Governors of the Cemetery. Then it goes through the Board of Trustees for advancement of funds. The Cemetery Board has discussed this from time to time and the problem of flowers being stolen. Mr. Uleck also reported seeing cars dumping trash there on Saturdays. On Sundays at 7:00 P. M., a brown truck dumps trash in the dumpster and brings back equipment into the City garage. Mr. Uleck inquired whether the City works on Sundays. Mayor Cassandra said this misuse of the dumpster will be investigated. M~yor Cassandra recommended that Mr. Uleck go personally to the Cemetery Board and make a presentation. City Manager Cheney informed Mayor Cassandra that the only body that can spend money from the Trust Fund is the Board of Trustees of the Trust Fund. Mayor Cassandra knew his wife felt the ~ame way Mr. Uleck did because many crosses put at her mother's ~rave have disappeared. City Manager Cheney told Mr. Uleck ~he Cemetery Board meets the fourth Tuesday of every month at 7:30 P. M. Crime Watch in Northeast and Northwest Sections Mack McCray, 240 N. E. 12th Avenue, said the people in the northeast and northwest sections appreciate all the Council is doing for them. He referred to problems there that people get up to the mike to talk about and said the people in those sections have organized a club called "Concerned Citizens for the Betterment of Boynton Beach." They have found that they must get involved with Crime Watch because hey are the citizens that have let it get out of hand and t is time for them to do something about their own problems. Mr. McCray said the people appreciate Police Chief Hillery for what he is doing but this is a problem that the people iln these Sections created themselves and let get out of ~and. They feel they should take their own problems and sltart working on them themselves. There was applause. - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 CONSENT AGENDA A. Minutes 1. Regular City Council Meeting Minutes of April 15, 1986 On page 22, Councilwoman Zibelli did not see her name but noticed it was shown that Vice Mayor Zimmerman voted twice. She wished this to be corrected to show that she voted. Councilwoman Zibelli noticed on page 24 that nothing appeared to indicate her question as far as removing the trailer frOm the north end. She stated that she had recommended that this be done, and was informed it was to be done. 2. Special City Council Meeting Minutes of April 21, 1986 3. Special City Council Meeting Minutes of April 22, 1986 B. Bids Annual Bid for Vehicle Towing Service Contract - Public Works/Police In their memos dated March 19, 1986, Rick Walke, Director of Public Works, and Police Chief Hillery recommended the contract with Zuccala Wrecking Service, Boynton Beach, be extended from June 20, 1986 thru June 19, 1987. Tee Stanchions for the Boynton Beach Municipal Golf Course The Tabulation Committee recommended awarding the bid to Brown Cullen Company, Louisville, Kentucky, in the amount of $10,950. 3. One (1) Yamaha G3 Security Cart - Recreation & Police The Tabulation Committee recommended awarding the bid to Boylan Sales, Delray Beach, in the amount of $6,490. C. Resolutions Proposed Resolution No. 86-00 Re: Bond Reduction - Mahogany Bay (North of Boynton Beach Canal, South of N. W. 22nd Avenue and West of Congress Avenue) "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE VALUE OF THE PERFORMANCE BOND FOR MAHOGANY BAY, PLAT NO. 1, IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST." Councilwoman Zibelli noticed there was a bond reduction from $466,516 to $266,053.70 and asked if that had anything to do - 16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 with whether they disagree on the sprinkler system. City Manager Cheney answered,"No" and said this would only be for public use for the roadway and utility system bond. It is for site improvements, not building improvements. Proposed Resolution No. 86-PP Re: Warranty Deed - Widening of Congress Avenue "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN RIGHT-OF-WAY WARRANTY DEED CONVEY- ING PROPERTY TO PALM BEACH COUNTY, A COPY OF SAID DEED BEING ATTACHED HERETO AS EXHIBIT l; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." D. Development Plans None. Approve Municipal Sharing School Board Funding Agree- ments - Forest Park Elementary School Baseball Field Charles C. Frederick, Director, Recreation & Park Department, reviewed this and felt it was in order. Ratification of South Central Regional Wastewater Treat- ment and Disposal Board Action 1. Sludge Handling Contract 2. Disbursement of excess 0 & M revenues Change Order #1 - Subaqueous Intracoastal Crossing - Part B (Foster Marine) Change Order No. 1 - Wastewater Treatment Plant Expansion - Part A (S. G. Phillips Constructors, Inc.) G. Approve authorization to dispose of records 1. Planning Department Approval was received from the State of Florida to dispose of records as shown in this department's memos of April 15, (as to No. 60), April 21 (No. 61), and April 28, 1986 (No. 62). - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 2. City Clerk The City Clerk outlined records in her memo of April 30, No. 58, and had authorization from the State of Florida to dispose of them. H. Approval of Bills See List attached. The bill of Testing Lab of Palm Beach County in the amount of $6,825 was added. Councilman Hester moved to approve the Consent Agenda, items A, 1, 2, and 3; B, 1, 2, and 3; Resolutions Nos. 86-00 and 86-PP, item E; F, 1, 2, 3 and 4; G, 1 and 2; H, "Approval of Bills" with the addition of Testing Lab of Palm Beach County in the amount of $6,825. Councilwoman Zibelli seconded the motion, and the motion carried 4-0. THE COUNCIL TOOK A BREAK AT 8:50 P. M. meeting resumed. At 9:00 P. M., the PUBLIC HEARING Consider request by Salvatore Trantolo for the abandonment of Northeast Drive, which is a 21' local street east of Federal Highway between North Road and South Road (Harbour Estates) - (Postponed at April 15, 1986 Meeting) C a c w d ~rmen Annunziato, Director of Planning, said the Planning md Zoning Board conducted a public hearing in this regard md made a unanimous recommendation that this request be ~nied, based in part on information received from various ablic utilities, as well as the City's utilities. There re water mains, telephone lines, cable TV lines, and power ~bles in, under,, or through the 21 foot roadway. The road- ~y is paved and it is part of the access system for the sub- [vision. Mr. Annunziato pointed out the location of the street on the o~erlay and informed Councilwoman Zibelli that the applicant was requesting that the right-of-way be abandoned and become private property. CQuncilman Hester observed that both staff and the Planning and Zoning Board recommended that it be denied. Mayor Cassandra asked if anyone wished to speak in favor of the proposal. A man in the audience shouted that the person that recommend- ed this was not even here. - 18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 Lettie (Mrs. Thomas J.) Diddle, 802 North Road, said she was the one who asked for the petition. The man made further comments. Mayor Cassandra recalled from the last meeting that Salvatore Trantolo asked for a postponement and papers for a postponement were officially received by the City Manager for whatever reasons he might have had. The Council honored the postponement, as they normally do. Mrs. Diddle explained that bodily harm has been threatened to them and because of that, she did not really care if the Council passed it because she felt they need to preserve the security of their families and friends. Some friends and neighbors were in the audience that Mrs. Diddle said would talk against this, and she hoped they would still be friends after this. It was stated in the application why they wanted the road ~bandoned, and Mrs. Diddle wondered if she had to go through that again. Most of the Council Members were at the Planning and Zoning Board (P&Z) meeting, so Mayor Cassandra said they ~ere aware of the arguments that were presented. However, it would be to her advantage to present her arguments. Mrs. Diddle's reasons for wanting the abandonment were for he protection of children and pets, and she explained about he number of children.. The width of the road is only 21 feet, and it causes damage to their fences and shrubs. ther reasons were for the security of their home, reduction f noise, and for peace and tranquility. Some of Mrs. Diddle's neighbors signed a petition that they do not object to the abandonment of Northeast Drive. When ~he petition was presented to the P&Z Board, Mrs. Diddle had ~1~ ~m~O~h~a[~r~l~r~n~e~c~ ~r~sn~ ~1~ streets in Harbour Estates. Also, Mrs. Diddle talked to Perry Cessna, Director of Utilities. ith the abandonment, Mrs. Diddle said they would have no ualms about the City getting access to their water lines or whatever they need. As far as the telephone company, cable TV, etc., right-of-ways will still be through there, and she said they would have no qualms about them accessing that as well. rs. Diddle was now afraid for her life and the protection f her family so did not want to go into too much detail. She informed the Council that there are other abandoned streets in the City, so it would not be setting a precedent. - 19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 Mrs. Diddle stated that they have some angry, outraged, and irate neighbors and friends, but she too is angry and out- raged. If this does not go through, it will put a hardship on the mental anguish they have been put through which has somewhat been caused by the City for not enforcing the laws of speeding. There are no stop signs in this area, and there is no protection against what they are trying to get the street abandoned for. Some of their civil liberties are even infringed upon because they cannot get the City to enforce some things, such as speeders and people constantly causing harrassing comments to them as they walk into the neighborhood. There were no questions of Mrs. Diddle. Mayor Cassandra informed her that he drove by the neighborhood on Sunday as she had requested. Mrs. Diddle had requested several of the Council Members to look at the neighborhood before making their judgments. She confirmed Mayor Cassandra's statement that several dents are in her fence and added that they were caused by certain neighbors running into it. As no one else wished to speak in favor of the request, Mayor Cassandra asked if anyone wished to speak against the request. Paul McBride, 848 East Drive, lives about 300 feet east of this street. He has lived in the subdivision 32 years, and the streets are only 21 feet wide, but it is paved. A lot of people have built large homes on small lots and would like more land. M~. McBride presented a petition which had about 2/3rds of the property owners on it. There are only 36 houses in the subdivsion. There are 39 lots, but three are vacant. He s~id the applicant does not see why a street should not be g~ven to one person and not another. The traffic in their s~bdivision is very low, but anything they do to put traffic sDmewhere else will not help. G~orge Davidson, 804 South Road, was at the P&Z meeting, and a~l of the utiliies, the Engineering, Plumbing, and Building Departments, and seven people on the P&Z Board were against this request. As no one else wished to speak against the request, THE PUBLIC HEARING WAS CLOSED. CQuncilman Hester looked at the neighborhood too. A house wOs on the southeast corner of where Mrs. Diddle wanted the - 20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 street abandoned. The driveway of the house was on the street that they wanted abandoned. Councilman Hester asked Mrs. Diddle how they would get there. Mrs. Diddle replied that they would pull in. Councilman Hester reminded her that she wanted the street blocked off, and he did not see how the people would get in if the street was blocked off. If the utilities were in the roadway, he did not see how the street could be abandoned. It is used by the people over there. Vice Mayor Zimmerman moved to deny the request, seconded by Councilman Hester. Motion carried 4-0. DEVELOPMENT PLANS None. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING None. B. Ordinances - 1st Reading: Proposed Ordinance No. 86-7 Re: Annexation of Rights-of-Way City Attorney Vance read proposed Ordinance No. 86-7 on first reading 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." - 21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 Councilman Hester moved to approve proposed Ordinance No. 86-7 on first reading, seconded by Vice Mayor Zimmerman. A roll call vote on the motion was taken by Mrs. Boroni: Councilman Hester Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Aye Aye Aye Aye Motion carried 4-0. Proposed Ordinance No. 86-8 Re: Code - Shared Parking Amendment to Zoning City Attorney Vance read proposed Ordinance No. 86-8 by title only: "AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A-ZONING, SECTION 11. SUPPLEMENTAL REGULATIONS. H. PROVISION OF OFF-STREET PARK- ING SPACES. BY AMENDING SUBSECTION 13 THEREOF TO SET MINI- MUM STANDARDS FOR JUSTIFYING SHARED PARKING AND TO REQUIRE THAT A TEN PERCENT (10%) BUFFER BE PROVIDED WHERE APPROVAL OF SHARED PARKING IS REQUESTED; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A-ZONING, SECTION 11. SUPPLEMENTAL REGULATIONS. H. PROVISION OF OFF-STREET PARKING SPACES ~HALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; AND FOR OTHER PURPOSES." V~ce Mayor Zimmerman moved to adopt Ordinance No. 86-8 on first reading, seconded by Councilman Hester. Mrs. Boroni took a roll call vote on the motion, as follows: Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Hester Aye Aye Aye Aye MOtion carried 4-0. Proposed Ordinance No. 86-9 Re: Alcohol Consumption City Attorney Vance read proposed Ordinance No. 86-9 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 3 ALCOHOLIC BEVERAGES, - 22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 SECTION 3-1 DEFINITIONS BY ADDING DEFINITIONS FOR BEVERAGE LAW, COMM_ERCIAL ESTABLISHMENT PARKING LOT, CONTAINER, MOTOR VEHICLE, PERSON, AND PUBLIC OR SEMI-PUBLIC AREA OPEN FOR VEHICULAR TRAVEL; BY FURTHER AMENDING CHAPTER 3 ALCOHOLIC BEVERAGES, SECTION 3-5 CONSUMPTION IN STREETS PROHIBITED TO PROHIBIT THE CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGES AND UNSEALED CONTAINERS IN AND AROUND COMMERCIAL ESTABLISH- MENT PARKING LOTS AND MOTOR VEHICLES; PROHIBITING THE CON- SUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGES IN PUBLIC STREETS OR ALLEYS OF THE CITY OR OUTSIDE OF ANY BUILDING IN A NON-RESIDENTIAL ZONE OF THE CITY; PROVIDING FOR EXCEPTIONS; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman Hester moved to adopt Ordinance No. 86-9 on first reading, seconded by Councilwoman Zibelli. A roll call vote was taken by Mrs. Boroni, as follows: Mayor Cassandra Vice Mayor Zimmerman Councilman Hester COuncilwoman Zibelli Motion carried 4-0. Aye Aye Aye Aye Proposed Ordinance No. 86-10 Re: Review of proposed amend- ments to Section 19 and Appendix A, Section 9.C of the Code of Ordinances for consistency with the Comprehensive Plan City Attorney Vance read proposed Ordinance No. 86-10 by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 19, PLANNING AND DEVELOPMENT GENERALLY, ARTICLE I. IN GENERAL, SECTION 19-7. COMPREHENSIVE PLAN ADOPTED. OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA TO AMEND THE TITLE THEREOF; TO RE- NUMBER THE EXISTING PROVISION; AND TO ADD PROVISIONS CONCERN- ING THE CONSISTENCY OF DEVELOPMENT AND DEVELOPMENT REGULA- TIONS WITH THE COMPREHENSIVE PLAN, AMENDMENTS TO THE FUTURE LAND USE MAP, AMENDMENTS WHICH CHANGE PERMITTED USES OF LAND, AND PROVIDING A GENERAL PROCEDURE FOR AMENDMENTS AND ADOPTION OF THE COMPREHENSIVE PLAN OR EVALUATION AND APPRAISAL REPORT; BY AMENDING APPENDIX A-ZONING, SECTION 9. ADMINISTRATION AND ENFORCEMENT, SUBSECTION C. DISTRICT BOUNDARY CHANGES (REZONING). BY DELETING THE EXISTING CODE PROVISIONS IN THEIR ENTIRETY AND BY RE-TITLING SAID SECTION - 23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 AS COMPREHENSIVE PLAN AMENDMENTS; REZONINGS; BY PROVIDING FOR THE INTENT OF SAID SECTION; PROVIDING GENERAL PROCEDURES; PROVIDING FOR THE INITIATION OF AMENDMENTS; PROVIDING FOR MATERIALS TO BE SUBMITTED WITH APPLICATIONS; SETTING FORTH FILING FEES; PROVIDING FOR PROCESSING BY THE PLANNING DEPART- MENT; PROVIDING FOR A REPORT AND RECOMMENDATION BY THE PLANNING DEPARTMENT; PROVIDING FOR ACTION BY THE PLANNING AND ZONING BOARD; PROVIDING FOR ACTION BY THE CITY COUNCIL; PROVIDING A LIMITATION ON FURTHER CONSIDERATION; PROVIDING A LIMITATION ON CHANGES TO THE APPLICATION AFTER THE SAME HAS BEEN SUBMITTED; PROVIDING FOR TIME LIMITATIONS FOR THE DEVELOPMENT OF THE PROPERTY; PROVIDING FOR MODIFICATION TO MASTER PLANS OF PLANNED ZONING DISTRICTS AND MODIFICATIONS TO CONDITIONS OF ZONING; PROVIDING FOR THE MAINTENANCE OF RECORDS OF ALL REQUIREMENTS AND LIMITATIONS IMPOSED AT THE TIME OF ZONING OR REZONING; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 19 PLANNING AND DEVELOPMENT GENERALLY, ARTICLE I. IN GENERAL SHALL REMAIN IN FULL FORCE AND CT.AS PREVIOUSLY ENACTED; PROVIDING THAT EACH AND OF APPENDIX A-ZONING SECTION 9. AND ENFORCEMENT SHAL!L REMAIN IN FULL FORCE AND ?ECT AS P:REVIOUSLY ENACTED; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND .FOR OTHER PURPOSES." Councilwoman Zibelli moved to adopt Ordinance No. 86-10 on first reading, seconded by Vice Mayor Zimmerman. Mrs. Boroni took a roll call vote on the motion, as follows: Vice Mayor Zimmerman Councilman Hester Councilwoman Zibelli Mayor Cassandra Aye Aye Aye Aye Motion carried 4-0. C. Resolutions None. D. Other Approve Pines of Delra¥ Settlement City Attorney Vance distributed to the Council a proposed settlement of the Pines of Delray lawsuit. It was his understanding that the Council reviewed it previously at the South Central Regional Wastewater Treatment & Disposal - 24 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 Board meeting, and he recommended that they approve the settlement. At the meeting, Mayor Cassandra said they reviewed bids with the SCRWTD Board's Attorney, and he asked if the Council had any questions. Vice Mayor Zimmerman moved to join the City of Delray in approving the stipulation in settlement of the lawsuit. Motion carried 4-0. OLD BUSINESS Consider proposal to employ lobbying services as a joint ~reement with other Palm Beach County Cities.. .TABLED It was decided to leave this matter on the table. Be Selection of Engineering Firm for Water Treatment ~qalysis Mayor Cassandra believed the present Councilmembers were present when the Special Council meeting was held where the two consulting companies proposed a membrane softening program. As there were no questions and.no discusSion, Councilman Hester moved to approve Post, Buckley, Schuh & Jernigan, Inc., seconded by Vice Mayor zimmerman. City Attorney Vance advised that the motion is to rank Post, Buckley, Schuh & Jernigan, Inc. as the first choice. City Manager Cheney explained that the Council picks one. Obviously, the other one is second. The City will then attempt to negotiate a contract with the first choice. If they cannot negotiate a contract, then the City will attempt to negotiate a contract with 92. Mayor Cassandra complimented the City staff in its screening process. He felt both firms were well qualified to do what the City wanted. Mayor Cassandra drew the Council's atten- tion to a concern as to how many membranes they should test and wondered if that should be part of their request. He was informed that was still within the City's prerogative. A vote was taken on the motion, and the motion carried 3-1. Mayor Cassandra voted against the motion. C. Request City Attorney to Confirm Additional Contract With Surveyor for New Western Oil Field When they arrived at their settlement of eleven well sites, City Attorney Vance said the City moved nine of them around - 25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 so they would fit on the development without ending up in tihe middle of lots. The City, therefOre, needs to survey tlhe lots they have moved around. City Manager Cheney informed Mayor Cassandra that the added ciost would be $10,000. They will survey with the firm that iis already working there. ~City Attorney Vance assured Vice Mayor Zimmerman that no mistake was made and explained that iin order to get all of the well sites from the one owner and plut them in the one subdivision, they moved the locations of tlhe wells so they would fit a developer's plan of dievelopment. ks a result, City Manager Cheney said the developer agreed to settle, so they would avoid all of the costs of going into Court. The City agreed to put the wells in places where they would not hurt his development and, therefore, got it at a lower price. For example, City Attorney Vance thought three of them were in recreational areas. If the City did not do this, City Manager Cheney said they would be buying buildable lots, which are much more e~pensive. They negotiated together to have the City's well sites not hurt the developer's proposed development and to have a cooperative arrangement instead of going into Court. Vice Mayor Zimmerman thought it was too bad they could not have gotten together at first and saved the $10,000. City Manager Cheney explained that there was no way of getting the developer's attention. The land was owned by the Melear family for a long time, and the City had hoped to be able to negotiate arrangements with them. In the course of c~nversations with them, they decided to sell their land. They were in a "For sale" mode for some time. The City was n~t getting any results from them so finally had to go to C~urt on eminent domain, and they accomplished a sale with the purchaser, Glassman. G~assman came along with a development plan. The way to get h~s attention was to go to Court. Glassman put out a pro- posed plan. The City said they could make the wells work, and City Manager Cheney informed the Council that the City did not end up having to go through the whole Court process but was able to settle out of Court. It was the filing of the eminent domain case that got everybody's attention. T~e City was able to move its wells around to meet the developer's proposed development, get the wells the City - 26- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 needs, and not damage the developer's property. Damage to his property and development plan would have been what would have cost the City a lot more money. Vice Mayor Zimmerman questioned whether the easements were recorded on the other sites. City Attorney Vance replied that they were not. They had attempted to negotiate with Melear. The sale to Glassman took place the day before the City filed its lawsuit. Vice Mayor Zimmerman asked whose Engineer would be surveying the site. City Attorney Vance answered that the City's would. City Manager Cheney asked John Guidry, Assistant Utilities Director, who the survey company would be. Mr. Guidry replied, "Meridian", and added that they are a sub-entity of Wantman & Associates. He pointed out that Meridian is the only firm in the area that has a complete file for all of the numbers required to calculate and certify this survey. City Manager Cheney pointed out that the Council had no qhoice because of an evolving situation that leads to them. He thought it was a total package. ice Mayor Zimmerman wanted a general idea of the contract nd asked if City Attorney Vance would bring it back. City Attorney Vance replied, "No." City Manager Cheney clarified hat it would authorize the City to give $10,000 to Meridian o complete the survey. ayor Cassandra thought Vice Mayor Zimmerman's point was ell taken and said they were approving something without knowing what they were approving. Vice Mayor Zimmerman imagined it would be a very simple contract and wondered if ~he amount of $10,000 would be specified. When he showed the Council the drawing with all of the well sites, City Attorney Vance said he should have indicated that nine of the well sites were not in the location that they were in when the City filed its eminent domain. They have been moved around to various locations to make them more acceptable. As a result, the City would have to come up with the legal description. Councilman Hester moved, seconded by Vice Mayor Zimmerman, to approve the expenditure for the survey, not to exceed $10,000. Motion carried 4-0. - 27- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 A. Councilman Ezell Hester, Jr. to appoint one member to Sign Advisory Committee ............. TABLED It was unanimously agreed to take this off the table. Councilman Hester nominated Harvey Oyer, Jr. to the Sign Advisory Committee, seconded by Councilwoman Zibelli. For the audience's edification, Mayor Cassandra said it was felt a member of the Chamber of Commerce should be on this Committee. One of the names recommended by the Chamber was Mr. Oyer's name. A vote was taken on the motion, and the motion carried 4-0. B. Mayor Nick Cassandra select Chairman of Sign Advisory Committee ................... TABLED Mayor Cassandra wished to leave this on the table so he would have a chance to talk to the seven Members. He asked Betty Boroni, City Clerk, to update the list and phone numbers she had given him so he could call the Members and find out their time schedules, etc. City Manager Cheney informed Mayor Cassandra that he (Cassandra) is to appoint the Chairman. Mayor Cassandra said he would appoint a Chairman and follow up by sending a letter to all Council Members. ~DMINISTRATIVE ai. .~udget Review 1. Six Month Budget Review City Manager Cheney said the Finance Department has taken every line item and made a suggestion at the end of the year, both of revenue and expenditures. The summary of approxi- mately $700,000 under in expenditures and $100,000 over in rlevenue was as good an estimate as they could make now. He thought that suggested the City would end up the year well in the black. 2. Building Department Reorganization City Manager Cheney drew attention to the second page of his memo of May 6, 1986 and said it attempts to suggest how many permits are reviewed for a week. He said they will need to have additional Clerical positions and possibly - 28- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 additional Plan Review people. In the memorandum, this adds up to eight people. They cannot in any way add eight people at one time, and he was not proposing it. At the moment, City Manager Cheney asked that the Council approve four people. They will attempt to hire two Field Inspectors immediately. The number of inspections they have to do is way above what the City should expect them to handle. They would go into field inspections right off. If they take the third person of the next highest recommenda- tion and put her in this initial acceptance process of appli- cations, City Manager Cheney thought they could probably take a lot of small applications, review them at the counter, and they will never get back into the Plan Check as they do now. They would be what are folder applications such as roofing permits, fence permits, and simple little things. With another person there, they can do a lot of initial r m ~view and find out if the package is not complete at that )ment. There will be time to do it at that moment without ~ving people still waiting in line. They could tell the pplicant then what he needs instead of taking less time at mat point, accepting the application, and then finding out nat he needs. Moving of Financial Dealings out of Building Department In addition to adding the fourth person in the Clerical processing, City Manager Cheney said within a few weeks, they will move out of the Building Department to the Finance Department any cash, financial dealings. They will work out a check sheet to go back and forth. Several hours a day will be saved in cash counting and accounting. It will mean that an applicant will have to walk between City Hall and the Building Department to make a payment, but it is not that far away, and City Manager Cheney thought it was justi- fied. Computer Software for Building Permit Processinq Today, City Manager Cheney said the City put some permits through this. If the process works out the way it should, a lot of typing time will be saved. The City was lucky to get a good Clerk. They had been using a Kelly girl until then to keep up with the typing. With the new software pro- gram and basically typing the process just once at the beginning, City Manager Cheney said only person is doing that. - 29- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 City Manager Cheney said it is a continuing morale back breaker to have this many permits always behind. There appears to be no let up in the number of applications coming in. City Manager Cheney gave Med Kopczynski, Deputy Build- ing Official, credit for doing a lot of detail work and pro- cess analysis. He thought they could make the Building industry a lot happier with these four people. Although the statistics show eight people, City Manager Cheney said they are averages. To absorb four more people in just a few months is a big job anyway. They will stay well within the total budget by doing this. City Manager Cheney said they probably should have done it earlier, but they ~ept holding off. Mayor Cassandra gave City Manager Cheney's office a program he had been involved with and thought Mr. Kopczynski had been involved in it. He wanted to see that done also in the near future, Mayor Cassandra also wanted City Manager Cheney's pproval to get involved to look over what had been done. e still thought they had problems. One concern Mayor assandra had was that 50% of the Field Inspectors' time is in traveling, and that would have to be solved. He went into detail. ~ice Mayor Zimmerman moved to authorize City Manager Cheney to proceed with the increase of the labor force with two Field Inspectors and two Clerical positions. Councilman Hester seconded the motion, and the motion carried 4-0. 3. Traffic Enqineerinq Services City Manager Cheney said the City has resisted what was hap- pening here for a long time, but he did not think they could any more. The City has traditionally used the County Traffic Engineer's office as our Traffic Engineer. The City h~s done that because of the taxing structure in Florida, a~d City Manager Cheney explained. It has been very success- f~l. The second reason they used him was because City M~nager Cheney preferred representing to the public only one T~affic Engineer instead of two. BDcause of the Comprehensive Plan and the new Growth Manage- ment Act, City Manager Cheney said the City will not be able to get out of the County Engineering Department the services to meet the City's needs. It is not because Charles Walker, County Engineer, has not been cooperative and has not tried. It is just that the County will not increase their staff to let the City do this. - 30 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 Mr. Annunziato convinced City Manager Cheney that the City needs professional traffic engineering, and City Manager Cheney asked him to contact engineering consultants to get some idea of what they were talking about in dollars if they were to do the work needed for the upcoming Comprehen- sive Plan amendments and the development of the new Compre- hensive Plan. He also mentioned the Tradewinds. When they et those, City Manager Cheney said the City will look at he costs and desirability of having an in-house Traffic Engineer. By comparing what it would cost to have such a person, they will have to look at the dollars and get back to the Council so they can make a judgment. This is one thing City Manager Cheney thought the City would have to face and stressed that they cannot wait until September. If they go in-house and decide that is the way to go, they might do that starting October, but they can talk about that later. M~yor Cassandra asked if the persons City Manager Cheney had i~ mind that the developers would use were in-house and the City would, therefore, charge them. City Manager Cheney replied, "No." The City would use its in-house, and the d~veloper would still use theirs. Where in the past, the C~ty received the report from Charles Walker of Palm Beach COunty, the City will now prepare that report. City Attorney Vance advised that the City would not need its own Traffic Engineer on every zoning application that comes tO the Council, but there are some that are fairly complicated, a~d a traffic analysis is really important. It is important t t M, t a c 3at the City's side of the matter be properly presented to he City Council. City Manager Cheney pointed out that ~ssrs. Annunziato, Golden, and Cannon are spending a lot of [me analyzing the reports the City gets in from developers, %d they really do not have the technical background to ~allenge it. 4. Accounting Clerk III - Finance Department In the Finance Department, the City has an employee who has been here a long time. She has married, has children, and h~s been working part-time, which has been a value to the City. She is now going to stay home, and the City cannot s~rvive without that position being filled. City Manager Cheney asked the Council to authorize that Accountant III pgsition to go to full-time and the City will find someone for that position in governmental accounting. - 31 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 Mayor Cassandra asked if anyone in house could be promoted. City Manager Cheney said it will be posted. There was discussion. Vice Mayor Zimmerman asked if City Manager Cheney wanted this to be immediately. City Manager Cheney answered affirmatively. Vice Mayor Zimmerman moved, seconded by Councilman Hester, to authorize the half time position of Accounting Clerk III to be classified as a full-time position. Motion carried 4-0. Position of Facilities/Project Manager - Capital Improvements Program City Manager Cheney asked the Council to approve this position and said it would be budgeted out of the Capital Improvements Fund. It will be the person in and out of his office who spends total time with the Architect, Contractors, and Moving Companies handling all of the details necessary as they go about the work of remodeling, adding to, and relocating all of these buildings. That person will be sure people will be moved when they have to be so construction will not be slowed. That person will review all of the paperwork, pay requisitions, and will mainly be the Coordinator of the day to day activities. Mayor Cassandra asked what salary he was talking about. City Manager Cheney replied that it was a Grade 34 ($30,000 to $31,000). He doubted that it would be a temporary position. He thought the position would be for the buildings the City is building now plus the next bunch of projects they are talking about, so it will go on. As the City gets bigger buildings, City Manager Cheney anticipates the City will need a Facility Manager of all the activities in the City. In the long run, he suspected Building Maintenance would end up being supervised by this type of more technical semi-building engineering related person than just the current building maintenance person. However, that is three or four years down the road. City Manager Cheney said the position will be here for a g~od four or five years. It is temporary in that it is being funded out of Capital Improvements. When they fund Capital Improvements, the City Council will have to make a d~cision as to whether they want to fund that person on a regular basis out of the Operating Fund. There was d~scussion. City Manager Cheney told Mayor Cassandra it is nQt an uncommon position, and the person will have a 40 hour week. - 32- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 City Manager Cheney explained that the Building Department will be watching the buildings from a building inspection point of view. The coordination and the capital improve- ments program will come out of his office. Mayor Cassandra asked how much money the City had in its Capital Improve- ments Program and wondered if it would last for three or four years. City Manager Cheney said it is a lump sum kind of thing, and the City budgeted administrative costs. At the meeting on May 27, they will have the Architects here. At that meeting, they will go through all of the final recommendations prior to working drawings. If the Council agrees with the overall scheme and concept on the 27th, at that time they will probably authorize the Architects to do the working drawings. That was why City Manager Cheney wanted to set a special meeting aside instead of tying it n with the regular meeting. Once the City authorizes the rchitects to go into the working drawings, changes from that point on become more expensive. Mayor Cassandra asked if they could wait until the 27th, if it would not throw them too much into a bind. He wanted to digest it some more and raise more questions of City Manager Cheney. City Manager Cheney answered that it would be all right. Vice Mayor Zimmerman wondered if they should con- sider it to be a job only until the capital improvements are all depleted. As the City builds greater square footage and has more buildings, they become things that have to be managed. The kind of person they need is to be sure the building is properly maintained, managed, cleaned, and oper- ated. Councilwoman Zibelli asked if anyone in the City could go into that position. City Manager Cheney replied, "Not in this position." As they think about it, he asked the Council to think of all the relocation problems they will have in the offices as they move people around and the scheduling of the relocation of all of the people. Accept resignation from Kenneth M. Hutchison - Building Board of Adjustment and Appeals - Term expires April, 1987 louncilwoman Zibelli moved to accept Mr. Hutchison's resigna- ion and that the Mayor send a letter thanking him for his ervice, seconded by Vice Mayor Zimmerman. Motion carried --0. - 33- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 Consider replacement of above to be made by Vice Mayor Carl Zimmerman Alternates currently on Board: J. Cameron Thurber - term expires April, 1987 Leonard R. Mann - term expires April, 1988 Vice Mayor Zimmerman commented that there are two Alternates on the Board, and one has served longer. He moved to elevate John Cameron Thurber to the vacant position. Motion carried 4-0. Now they were up to an Alternate position, and Mayor Cassandra reminded the Members this Board required a certain type of person. City Manager Cheney said it would be back on the agenda, and they would identify whether the member should be an Engineer, etc. Ce Appoint Community Redevelopment Agency Chairman and Vice Chairman - Appointments to be made by Mayor Nick Cassandra and Councilman Bob Ferrell City Manager Cheney was under the impression that the CRA elects its own Chairman and said Mayor Cassandra would be appointing a person. Mayor Cassandra thought he was wrong and felt the Council appointed the Chairman and Vice Chair- man for the CRA. Mayor Cassandra appointed Hank Thompson as Chairman, seconded by Vice Mayor zimmerman. Mayor Cassandra had called Mr. Thompson, and he had expressed that he wished to continue on the CRA. Motion carried 4-0. *Clarified- see minutes 5/20/86 As Councilman Ferrell was not present, Councilman Hester moved, seconded by Vice Mayor zimmerman to TABLE the appointment of Vice Chairman for the CRA. Motion carried 4-0. Approve City Council to Attend Florida League of Cities Meeting in Orlando, Florida, September, 1986 Again, Mayor Cassandra was concerned that this should not fall on the night of a Council meeting and felt it always should be a consideration. Councilman Hester moved to give a blanket approval to which- ever Council Members wished to go, seconded by Vice Mayor Zimmerman. Motion carried 4-0. - 34- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 City Manager Cheney requested that the Members let him know as soon as they know they are going so he can make arrange- ments. Councilman Kester stated that he would be going. E. Consider Appointment of Auditor Mayor Cassandra referred to the letters in the back-up and said basically, it seemed to be a no increase relationship. Councilman Kester moved to appoint Ernst & Whinney, Certified Public Accountants, for another year, seconded by Council- woman Zibelli. Motion carried 4-0. F. Consider Request from Community Relations Board Mayor Cassandra referred to a letter from the Chairwoman of the CRB and said the Board wants direction. The request was relating to the financial support requirement. Chairwoman Zibelli explained that the County provides food for the Food Service Program. Through the CRB, the City provides $7,000 a year through Federal Revenue Sharing funds for two drivers at $3,500 apiece for the full year. The drivers take the food to designated areas for the elderly to eat. Councilwoman Zibelli was sure the CRB had a financial report from Florence Fuller. What they had not received was a letter designating how the monies are doubled, then tripled, and in what way it comes back to the CRB. The CRB wants direction, as they would like to pass it in the budget. They have not been able to pass it because they have not received a financial report. As they have done it every year, Councilwoman Zibelli had no problem with it, but she thought the applicants should be required to at least send a letter. It seemed to Mayor Cassandra that the question was what the definition of a financial report was. The financial report the CRB wants, if the Council directs, is information on where all the applicant's money comes from and how they spend the money. Councilwoman Zibelli interjected that it gets into a difficult situation with someone like Florence Fuller when you ask for a complete financial statement from everything. She emphasized that it has been a problem with Florence Fuller. Councilwoman Zibelli said the CRB has the money, and it is budgeted, and they can let it go without a financial report, but they want the Council to say that instead of them making their own decision on it. - 35- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 Mayor Cassandra explained that the concern comes when you wonder whether to give them $7,000 or $10,000. When they see the report, the CRB could say the applicant is getting enough money from other places and they could give that money to someone else who needs it. Without a report, the CRB does not know if they need. all of that money, and Mayor Cassandra expounded. There was more discussion. There was no way Councilwoman Zibelli could see that they could get an accounting for the Food Service. City Manager Cheney informed the Council that Florence Fuller is a 3 for 1. If the City puts out $4,000, it works out to be $32,000, and that money is spent for individual children. It is monitored by the County, the Federal government, etc. As long as they know there are "X" kids in the City's Day Care Center funded by Title XX, which is Florence Fuller, and they are still getting money from the County, City Manager Cheney did not think the City had any great concern. Of the Day Care, the City is only funding After Care. Because the County is taking over Day Care, it is a County Department controlled, audited, and monitored by the County. After Care is much less complicated, and the County is not putting any money in there. City Manager Cheney thought they had been getting reports on other things like Drug Abuse, Hospice, etc. Councilwoman Zibelli agreed that it was just these two that the CRB was having problems with. City Manager Cheney reported that Barbara Kruger, Chairwoman of the CRB, and George Hunt, ASsistant City Manager, were going tomorrow afternoon to meet with the Director of Florence Fuller. That report coming back to the CRB may help them understand how the Florence Fuller system works. Mayor Cassandra thought City Manager Cheney should put what he just said into a few sentences of what he would recommend the City should get from them. These could become the guide- lines of the CRB. Councilwoman Zibelli said the problem is they have gone through people on the Board, but when the eople leave the Board, the others are not aware of what the oard had been doing. City Manager Cheney said he would have a report for the CRB's review at their next meeting and will indicate in the report that the Council talked about it and then come back to the Council. - 36- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 6, 1986 ADJOURNMENT There being no further business to come before the Council, the meeting properly adjourned at 10:20 P. M. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ATTEST: - ~/'~ ' - City Clerk F / C°~u~cilman ~~~~ilman ~ ~~~ou~n 6 i~lwoma n - 37- AGENDA May 6, 1986 CONSENT AGENDA ADMINISTRATIVE 10. ALL RITE PAVING,INC REQ.#3 For 5 Street Construction Project for work completed 3/1/86 to 4/25/86 Pay from Local Option Gas Tax Fund ALLEN INSURANCE AGENCY Ail Risk Floater on golf carts. Pay from Golf Course---411-725-572-40-4B 411-000-155-03-00 $1178.00 2355.00 B & H SALES Fire Hydrants for Water Distribution Pay from Water & Sewer Rev---401-333-533-60-54 BARNEY'S PUMPS, INC. Hydro-Grind Submersible Pump for Sewage Pumping Pay from Water & Sewer Rev---401-352-535-40-33 BOYNTON BEACH CHAMBER OF COMMERCE Chamber services for April, 1986 Pay from Publicity Fund---101-191-519-40-54 CLUB CAR Lease & maintenance of 30 carts for April, 1986 Pay from Golf Course---411-727-572-40-33 $ 628.50 411-727-572-40-99 1590.00 CUYAHOGA WRECKING CORP. Building demolition and land clearing 205 NE 1st St Pay from Building Improvement Fund---304-211-521-40-63 Per bid 12/13/85, Council approved 1/1/86 JOHN B. DUNKLE, CLERK OF CIRCUIT COURT Required deposit into Registry of the Court regarding City of Boynton Beach vs. John A Melear, et al Western Well Fields. Pay from 1985 Construction Fund---409-000-169-01-00 ERNST &WHINNEY Verification service regarding issuance of 1985 Water & Sewer Bonds. Pay from Utility Revenue Bond Fund---421-000-168-05-00 FLORIDA MUNICIPAL LIABILITY INSURANCE June installment. Pay from various city funds. COUNCIL AP~RgVED: Nleetin 11,065.71 3,533.00 5,505.00 2,030.00 1,250.00 2,218.50 4,350.00 449,000.00 9,000.00 21,059.00 . Page 2 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. FOSTER MARINE CONTRACTORS, INC. Construction of Plant Expansion Project - SCRWTD Plant, City's Portion. Pay from 1985 Construction Fund---409-000-169-12-00 GERAGHTY & MILLER, INC. Professional services 3/2/86 thru 3/29/86 regarding Melear Property Condemnation. Pay from 1985 Construction Fund---409-000-169-01-00 HELENA CHEMICAL COMPANY Chemicals for Golf Course Pay from Golf Course---411-726-572-30-61 HOWARD FERTILIZER COMPANY, INC. Bulk Fertilizer (20 Ton) Pay from Golf Course---411-726-572-30-66 Council approved 3/18/86 IBM CORPORATION 2 Model #6746 Wheelwriter 3 Typewriters for Building Dept. Pay from General Fund---001-241-524-60-72 State Contract #600-88-85-1 IBM CORPORATION Maintenance agreement charges Proprinter 1/9/86 thru 9/30/86 and PC--Color Display, XT System Unit, Quiet~ite~ Printer 3/6/86 thru 9/30/86. Pay from various departments in General Fund IBM CORPORATION Maintenance service for April, 1986 - Display Stations. Pay from various departments in city. LEAHCHEM INDUSTRIES, INC. 10 bags Stockhausen Polymer(441 lbs.) for Water Plant. Pay from Water & Sewer Rev---401-332-533-30-65 "Sole Source" GARY MASSEY CHEVROLET, INC. & GMAC 4 Door Sedan Chevy for Utilities Administration. Pay from Vehicle Service Fund---501-193-519-60-88 State Contract #070-00-86-1 WILLIAM M. MERCER-MEIDINGER, INC. 2 Quarterly billings for quarters commencing 11/1/85 and 2/1/86 approved by Employees Pension Board 4/15/86. Pay from Retirement Trust Fund---611-137-513-20-29 NEPTUNE WATER METER COMPANY 700 Water Meters for Water Distribution Pay from Water & Sewer Rev---401-333-533-60-51 "Bid Item" 41,659.47 1,125.03 1,682.00 5,515.20 1,113.00 4,505.39 1,014.50 1,168.65 9,419.64 2,500.00 25,640.00 COUNCIL APPROVED: Page 3 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. S.G. PHILLIPS CONSTRUCTORS OF FLA.,INC. EST.#7 Construction of Plant Expansion Project -SCRWTD Plant, City of Boynton Beach's portion. Pay from 1985 Construction Fund---409-000-169-12-00 RAM GOLF CORPORATION 144 PGA Tour Shirts for Golf Course Pay from Golf Course---411-000-142-01-00 SNOW CONCRETE CORPORATION Concrete for Roads & Streets and Golf Course Pay from General Fund- 250.25 Pay from Local Option Gas Tax 1471.75 Pay from Golf Course .......... 211.75 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD City's portion of Regional Board bills for Plant Expansion. Pay from 1985 Construction Fund---409-000-169-12-00 SPALDING Merchandise for Golf Course Pro-Shop. Pay from Golf Course---411-000-142-01-00 SUN BANK Replacement of Electronic Retrieval Machine. Pay from Water & Sewer Rev---401-395-539-40-AA WM. THIES AND SONS Refreshments for Miller Softball Tournament. Pay from General Fund---001-000-247-02-00 U.S. POSTMASTER Postage for mailing of Summer Bulletins. Pay from General Fund---001-721-572-40-78 UNIJAX, INC. Supplies ordered by Building Maintenance. Pay from various departments in city. JAMES W. VANCE, P.A. Professional services rendered regarding Western Well Fields. Pay from 1985 Construction Fund---409-000-169-01-00 WOOD BUSINESS PRODUCTS, INC. 2 Plain Paper Copier Model Mita DC152Z and Cabinets for Golf Course and Utilities. Pay from Water & Sewer Rev---401-391-539-60-72 1670.00 Pay from Golf Course ......... 411-725-572-60-72 1670.00 Per bid 3/24/86, Council approved 4/1/86 CHARLIE ANDREWS Driver for Senior Citizens Club 7 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance #73-15, passed 5/15/73 576,900.32 1,769.27 1,933.75 17,590.12 3,745.16 10,632.00 2,387.45 1,375.00 6,451.45 5,400.00 3,340.00 491.40 COUNCIL AP,PRO)fED: Meeting: ~ Page 4 34. WILLIE RUTH MCGRADY 470.40 Server for Senior Citizens Club 7 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance #73-15, passed 5/15/73 35. MERIDIAN SURVEYING AND MAPPING, INC. 1,419.50 Surveys for Wells #1W, 2W & 3W Pay from Utility General Fund---403-000-169-01-00 36. SAVAGE CONSTRUCTION EST #5FINAL 16,212.75 Water & Sewer Service - Windward Subdivision for the period of 3/5/86 to 4/21/86 Pay from Utility General Fund---403-000-169-01-00 $8206.38 403-000-169-11-00 8206.37 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Grady W~or I therefore recommend payment of these bills. Pet%r L. Cheney, City Manager COUNCIL APITROYED: Me_ et!ng: JAMES W. VANCE WILLIAM p. DONEY MARTA M. SIJAREZ-MURIA$ LAW OFFICES J~>x~s W. Vz~c~, P.A. SUITE 200, BARRISTERS BUILDING- I 615 FORUM PLACE ~,~'*~ST PAL_~X B~A(~H, ~LORIDA 33401 TELEPHONE: (30~5) 684-5544 CITY OF BOYNTON BEACH P. O. Box 310 Boynton Beach, Florida 33435 ATTENTION: Mr. Grady Swann, Finance'Director RE: Acquisition of Western Well Fields FOR PROFESSIONAL SERVICES RENDERED: 7/5/85 Attend initial meeting 2/19/86 ReCeive and review correspondence from Russell &Axon. Organize file. 2/20/86 Prepare - Amended Complaint, Amended .~ Notice of Lis Pendens, new.Summons and Notice of Hear. ing 2/21/86 Prepare and Revise - AMended Complaint, ~Amended Notice of Lis Pendens and -~Summons and Notice of Hearing 2/24/86 ..File Amended Complaint, Amended Notice of Lis Pendens, revised Summons and . Notice of Hearing 2/28/86 '"-Re~iewreturns of service. 3/3/86 Phone call - John Day's secretary Phone call - Dan Mandel /-' Phone call - Burton Harrison PhOne 'call - Joe Swann Phone call - Sheriff of Broward County Phone call - Dan Mandel Letter - Dennis Powers Memo to Perry Cessna. Receive and Review Answer of Salemmy Hanna Legal Research - Water Rights Conference - Vince Amy and John Gidrey Phone call - Burton Harrison (WPD) Attend Meeting - Peter Cheney, John Gidrey, Vince Amy, Perry Cessna and George Hunt. (JWV) Attend Meeting - Peter Cheney, John Gidrey, Vince Amy, Perry Cessna and George Hunt. Phone calls (2) - Bill Branch Legal Research - extra-territorial power of eminent domain Letter - Burton Harrison 3/5/86 3/5/86 3/7/86 3/10/86 3/10/86 3/10/86 3/11/86 3/12/86 3/14/86 3/14/86 2/14/86~ 3/17/86 COUNCIL APPROVED: April 24, 1986 1.00 hours .50 1.50 .75 .5O .25 .25 .50 .25 .25 .25 .25 .5O 1.25 .25 2.00 2.00 .25 .50 Acquisition of Western Well Fields Page 2. 3/17/86 3/19/86 3/20/86 3/21/86 3/21/86 3/24/86 3/24/86 3/24/86 3/25/86 3/26/86 3/26/86 3/27/86 3/31/86 4/1/86 4/1/86. 4/2/86- 4/2/86 4/3~86 4/3/86 4/3/8'6 4/3/86 4/7/86 4/8/86 4/8/86 4/9/86 4/9/86 4t10/86 4Ill/86 4/14/86 4115/86 4/15/86 4/15/86 4/15/86 4/15/86 4/15/86 4/16/86 Phone call - Burton Harrison Phone call - Burton Harrison Letter - Burton Harrison Letter - Tom Lively .- RevieW returns from Sheriffs and Answers .25 Phone call - Bob Cohen, atty. for Flagler .25 Federal Review Sheriff's Return and C.P. Wald and .25 letter from Dennis Powers. Phone call - Sheriff of Orange County .25 Review returns of Service'& Answers .25 Prepare Index Phone call - Sharon at Clerk's Office .25 Receive and review letter from John Thabes .25 Letter to John Thabes . Phone call - Tom Lively .25 Phone call - Burton Harrison .50 Phone call - Perry Cessna's office (2) Receive and review - Answer and Affirmative .25 Defenses, Request for Production, :Interrogatories - Szczesny (WPD) Attend meeting - Herman Bretan, 3.00 Tom Lively, Perry Cessna, John Gidrey (JWV) Attend Meeting - Herman Bretan, 3.00 Tom Lively, Perry Cessna, John Gidrey Conference with Herman Bretan~, Larry Glassman .50 Receive and review Notice of Appearance .25 and Answer - Fl./Georgia Dist .of Lutheran Church Phone call - John Gidrey .25 Phone call - Perry Cessna .25 Phone call - Peter Cheney .25 Conference - Herman Bretan 3.00 .25.hour .25 .25 Receive and Review - Answer with Affirmative .25 Defenses, Interrogatories and Request to Produce of C. P. Wald Phone call - John Gidrey .25 Phone call - Herm Bretan .25 Phone call --Dennis Powers .25 Receive and Review - Answer with Affirmative .25 Defenses of Glassman and Notice of Hearing Phone call - John Guidrey .25 Phone call - John Gidrey .25 Phone call - Herman Bretan .25 Phone calls (2) - John Gidrey .50 Phone call - Attorney Jay MolYneau .25 Meeting - Herman Bretan (JWV) 3.00 Meeting - Herman Bretan (WPD) 1.00 (JWV) Meeting - John Gidrey & Vince Amy 1.50 (WPD) Meeting - John Gidrey & Vince Amy 1.50 Prepare - Stipulation as to Glassman parcel, 4.75 Proposed Final Judgment, Notice of Voluntary Dismissal - Wald Conference - Burr Harrison Prepare - Notice of Voluntary Dismissal - B.B. Country Club. Acquisition of Western Well Fields Page- 3. 4/16/86 4/17/86 4/17/86 4/17/86 4/17/86 4/17/86 4/17/86 4J17/86 4/17/86 4/18/86 4/21/86 4/21/86 4/21J86 4/21/86 ~/21/86 4/21/86 4J21/86 4/21/86 4/21/86 4/22/86 4/22/86 4/22/86 4/22/86 4/22/86 4/23/86 4/23/86 4/23/86 Phone call - Burton Harrison Phone call - John Gidrey Negotiations and Settlement with Glassman attorney, Burton Harrison ~ Attend Docket Call 1.25 Phone call - Vince Amy .25 Phone call - Associated Appriasers .25 Phone call - John Gidrey .25 Preparation of Stipulation and related 3.00 documents. Attend Hearing 1.75 Phone call - Joe Swann .25 Prepare Answers to Interrogatories(Szczesny) .75 PrePare Response to Request to Produce" Prepare Motion to Regulate Pleadings .50 Prepare Proposed Order Receive and review Defenses of Atlantic Federal. Prepare two alternative proposed Orders 1.50 · o~.Taking ' Prepare Notice of Dismissal - Melear Conference with Joe Swarm .25 Phone calls (2)- John Gidrey .50 Phone call - Peter Cheney .25 Phone call - Bill BrJnch °25 Phone call - Perry Cessna .25 Meeting - Jim Branch 2.00 Phone call - Joe Swann .25 Phone call - John Gidrey .25 Phone calls (3) - Bill Branch .75 Phone call - Perry Cessna .25 Attend Meeting - Approval and Settlement 1.50 of Western Well Fields (JWV)- Attend Meeting - Witness Preparation 3.50 and Order of Taking (WPD) - Attend Meeting - Witness Preparation 3.50 and Order of Taking Memo to Grady Swann .25 .25 hours .25 6.50 TOTAL 72.00 hours x $75.00 = $5,400.00 - TOTAL DUE 72.00 hour JA~ W.' VANCE, Esquire JWV/pm COUNCIL APPF~OVJ~D: Meeting: ~