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Minutes 04-03-84MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, APRIL 3, 1984 PRESENT Carl Zimmerman, Mayor Robert FerreI1, Vice Mayor Nick Cassandra, Councilman James-R. Warnke, Councilman Samuel L. Wright, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney Mayor Zimmerman called the meeting to order at 7:30 P. M. He welcomed everyone, especially Rev. John Bloye of the Grace Baptist Church, who will give the invocation this evening. He requested everyone to stand and remain standing for the pledge of allegiance to the flag. AGENDA APPROVAL Mr. Cheney referred to submitting information for four addi- tional items, three under the Consent Agenda, two are bids with one being for golf course cart paths and one for landscaping on the golf course, and a change order for the 10th Avenue project; and under Administrative, an appoint- ment to the Police Officers' Retirement Trust Fund. Councilman Cassandra stated he has a couple questions to ask the City Manager under his report and would like to add under Old Business, Item C - Policy for Nomination of Board Members. Councilman Cassandra moved to accept the agenda with these corrections, seconded by Vice Mayor Ferrell. Motion carried 5-0. ORGANIZATIONAL RESOLUTION - Adopting Robert's Rules of Order Mr. Vance read proposed Resolution No. 84-BB by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE 1970 EDITION OF ROBERT'S RULES OF ORDER (LIBRARY OF CONGRESS CARD NO. 71-106451) AS OFFICIAL RULES OF ORDER. Councilman Wright moved the adoption of Resolution No. 84-BB, seconded by Councilman Warnke. No discussion. Boroni took a roll call vote on the motion as follows: Mrs. Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Councilman Wright - Aye Motion carried 5-0. REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 ANNOUNCEMENTS Mayor Zimmerman read a proclamation proclaiming the second Friday of April as Arbor Day to be observed this year on Friday, April 13, 1984. Mayor Zimmerman read a proclamation proclaiming the week of April 8 through April 14, 1984, to be National Library Week. Mayor Zimmerman announced that Mr. Stormet Norem, PreSident of the Chamber of Commerce, and his partner at the Boynton Memorial Chapel have acquired a truck which will be leaving on Friday and they have requested donations of clothing, food and can openers for distribution to the people in North and South Carolina, who are victims of the recent tor- nadoes. This truck is located at the Boynton Memorial Chapel on West Boynton Beach Boulevard. MINUTES Special City Council Meeting Minutes of March 29, 1984 Councilman Wright moved to approve, seconded by Councilman Warnke. Motion carried 5-0. CITY MANAGER'S REPORT Questions from Councilman Cassandra Mr. Cassandra referred to buying quite a few things for the golf course and stated he would like to know what balance is left of the $4,000,000. Councilman Cassandra referred to receiving a request about four to five months ago to spend money for a consultant to update the comprehensive plan and stated it was implied to go that way because the Planning Director was overloaded. Subsequently, he received a memo directed to Mr. Annunziato from Mr. Cheney regarding the Boynton Beach Boulevard Task Force asking him to assist the men on the task force to find out certain information not related to the city, but to the unincorporated area. This concerns him because of the priorities of the task force being west of the city. His concern is if the planning staff is spread thin, do we have the time to help the unincorporated area? - 2 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 Golf Course Funding Mr. Cheney advised that a report will be submitted in detail on the golf course money. He added that we are spending $3,000,000 because $1,000,000 is set aside in reserve for the first year debt service, etc. Progress of Comprehensive Plan Mr. Cheney reported that he anticipates the revision of the comprehensive plan will not be completed in August, but doesn't think that is of particular concern if we can demonstrate we are proceeding dilligently within the resour- ces that we have. He continued that one of the reasons the comprehensive plan in part takes second place to some things is because they must be considered whether immediate or long term. He then explained how immediate issues are site plans, development plans, etc. with decisions being made regarding special events. Mr. Cheney informed the Council that one special event is the Boynton Beach Boulevard Task Force. He asked Mr. Annunziato to look into items relative to Boynton Beach Boulevard between Congress Avenue and Military Trail as some are located in the city, but it all affects the city because of the activity on Congress Avenue. The task force does have priorities beyond the city, but this does relate to the city. We must be concerned about improvements to Boynton Beach Boulevard west of Congress Avenue, so traffic coming into the city can move as expeditiously as possible. He explained how he felt having Mr. Annunziato work with Jim Gallo and Ray Allen, Jr. for an hour or two would be advan- tageous and also helpful in updating the comprehensive plan. Time has to be spent on current issues from time to time and cannot be avoided. Mr. Cassandra clarified that his concern was whether we are spreading Carmen too thin and Mr. Cheney replied that he is being spread thin every day and added that as the city grows and with having the same number of employees, we basically are spreading everybody thinner. This means continual judgement is needed as to what is to be done and what is not done. Mr. Cheney continued that the comprehensive plan is moving along. The graphics and statistical material is progressing. The hours of two part time people have been extended. - 3 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 Railroad Crossings Mr. Cheney announced that two F.E.C. Railroad crossings will be improved with the Boynton Beach Boulevard crossing being scheduled to be improved April 23 to 28 and the street will be closed. It was suggested to close half the street at a time, but it is quicker to do it by closing the street entirely. The Woolbright Road crossing is scheduled for April 30 and will be closed for a three to five day period. Both crossings will be improved with a concrete road bed by the tracks. F.E.C. feels that kind of improvement is good for many years. He added when these crossings are improved, F.E.C. does not pay, but ex~plained it is paid by the county and state which means we pay. Laurel Hills Mr. Cheney referred to the problem in Laurel Hills being brought to the Council's attention at the last meeting and informed the Council on the following day, Mr. Howell met with neighbors at a nine o'clock meeting which did not take place. Mr. Howell did contact the representatives of Riteco and they did talk to the people affected and made arrange- ments to do some cleanup. He understands they have made appointments to clean pools affected, re-install fences which were taken down, etc. He will continue to follow up on this. Landscaping at Golf Course Mr. Cheney reported the revised landscape plans were sub- mitted to the Community Appearance Board last night and were favorably approved. Screening Committee for Industrial Revenue Bonds Mr. Cheney informed the Council the Screening Committee for Industrial Revenue Bonds had their first meeting last night. They met to organize and selected Mr. Bill Martin as their Chairman and Councilman Cassandra as their Vice Chairman. They reviewed their first application from the Boynton Commerce Center for $9,500,000 of IRB bonds to cover 600,000 square feet of industrial warehousing space on the site of 36 acres south of Woolbright Road west of 1-95, which will employ 1,000 employees. The project has started construc- tion. The Screening Committee asked that he report this project is under consideration and will meet on April 10 to give further consideration. A report will be prepared for the April 17 City Council meeting. They may recommend an inducement letter be prepared for execution. They are con- sidering some general policy issues covering all industrial - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 developments to set guidelines. The Screening Committee would like any input from the Council or anyone relative to this matter. Matters of Interest to Mrs. Wilda Searc¥ Mr. Cheney referred to Mrs. Searcy coming before the Council a couple meetings ago and making a request to meet with the City Planner and advised they did meet and discussed a number of issues. He has a letter summarizing the items Mr. Annunziato and Mrs. Searcy talked about and will forward a copy to the Council members. Matters of Interest to Mrs. Myra Jones Mr. Cheney referred to Mrs. Jones attending the last Council meeting regarding problems in her area and advised that inspections have been made relative to abandoned cars and sanitation problems. He will submit reports. In the mean- time, he has received a request from Mrs. Jones for a meeting and he will advise the date. Boat Ramp Park Mr. Cheney stated he reported previously that we received funding approval for improvements to Boat Ramp Park and we must begin the search for an architect or consultant to do the construction. We have sent out requests for interest under terms of the state statute. PUBLIC AUDIENCE Mayor Zimmerman announced the public has two opportunities at our Council meeting to give a voice into local govern- ment. If there is any item on the agenda anyone wishes to speak on they should, either before the meeting or now, give their name and address to the City Clerk. Under Public Audience, anyone who wants to speak on a subject not on the agenda may come forward to the microphone and give their name and address and they will have a reasonable amount of time to present their suggestion. Mr. Harold Werger, 1306 N.W. 7th Street, told about Boynton Wrecker dumping two wrecked cars on West Industrial Avenue today. His wife called the Police Department, but was told there was nothing they could do because it is private pro- perty. He doesn't know if the extension of West Industrial Avenue is a city owned street or private property. He con- tinued with telling about trucks dumping refuse in this area - 5 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 for several months. They would appreciate if something could be done. He also told about the littered and over- grown condition of this right-of-way. He added there are also hot rods racing down the street. He would appreciate having something done about these things. Councilman Warnke informed Mr. Werger that the Police Department has been giving extra surveillance in that area because of the hot rodding situation. He then moved that the ~ity Manager continue the surveillance of the problem through the Codes Enforcement Board and see what can be done in this area. Vice Mayor Ferrell seconded and the motion carried 5-01 Mayor Zimmerman referred to the wrecked cars and asked if something could be done about that or if they were parked on private property and Mr. Cheney replied that it will be checked. He added that he is surprised that Boynton Wrecker would risk doing something like that. CONSENT AGENDA A. Bids 1. Golf Carts - Golf Course (Tabled) Councilman Warnke moved that the golf cart bids be taken off the table and be made a part of the Consent Agenda this evening. Vice Mayor Ferrell seconded and the motion carried 5-0. A memo dated April 3, 1984, was submitted by the City Manager giving a detailed report addressing the various items brought up by the Yamaha representative and giving information regarding further consideration being given to the bids submitted with additional review and meetings held. It is recommended that the Council proceed with the awarding of the bid for golf carts to the Club Car Company with statements contained in the memo to justify this recommendation. 2. One (1) Brake Drum/Disc Lathe and One (1) Gas/Diesel Performance Analyzer - Public Works The Tabulation Committee recommends awarding the bid to A & C Auto Parks in the amount of $3,300 for the lathe and to Sun Electric Corp. in the amount of $7,346.50 for the analyzer. These prices include trade-ins. - 6 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 3. Fertilizer Products - Recreation The Tabulation Committee recommends awarding the bid to Lesco, Inc. in the amount of $8,443.12, which is the best bid meeting specifications. 4. One (1) Golf Course Range Ball Dispenser - Golf Course The Tabulation Committee recommends awarding the bid to Here's Fred in the amount of $2,995, which is the low bidder and meets specifications. 5. Two 500 GPM and Two 75 GPM Submersible Pumps and Control Panels (LS 9307 & ~204) - Utilities The Tabulation Committee recommends awarding the bid to Ellis K. Phelps Company in the amount of $14,744, which is the low bidder and meets all specifications. 6. Golf Course Cart Paths The Tabulation Committee recommends awarding the bid to Charles S. Whiteside, Inc. in the amount of $46,252, which is the low bidder and meets all specifications. 7. Trees & Ground Cover for the Municipal Golf Course The Tabulation Committee recommends awarding the bid to Kent Ewing Enterprises in the amount of $19,358.40, which is the low bidder and meets specifications. B. Concurrence with Community Relations Board Decision - South County Drug Abuse Foundation, Inc. The Community Relations Board has requested funding in the amount of $6,000 for the South County Drug Abuse Foundation. C. Approve Community Relations Board estimated Funding for Youth in Government Day The Community Relations Board submitted a program for "Youth in Government Day" activities scheduled for April 25 and requested the City Council to authorize the expenditure of approximately $250 for the purpose of paying the cost of a small luncheon to be held in the Civic Center at 11:30 A.M. on April 25. D. Approve request for six (6) office and construction trailers in conjunction with the construction of the Palm - 7 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 Beach Promenade, North Congress Avenue, East of 801 N. Congress Avenue (East of DeBartolo Mall) The Building Department recommends approval of this request submitted by Caldwell-McKnight Construction Company. E. Approve Cemetery Refund Request - Block C, Lot 156 Mr. George P. Morris requested this refund. F. Approve Cemetery Transfer Request - Block F, Lot 118 Mrs. Muriel P. Calder requested this transfer. G. Approve Request from Boynton Beach Jaycees to sell beer for barbeque at Boat Ramp Park The Recreation & Parks Director recommends approval of this request for use of the city facility as well as the request to sell beer. H. Request for Zoning Approval for Alcoholic Beverage License: Grandma's Farm, 727 S. Federal Highway The Deputy Building Official noted zoning at this address permits the sale of beer and wine for off-premise consumption. I. Approve Cemetery Refund Request - Block B, Lots 51, 52, 53, 55 Mr. Christopher Abernethy requested this refund. J. Ratification of South Central Regional Wastewater Treatment and Disposal Board Resolution No. 84-1 Adopting Employees Retirement Benefit for Employees Resolution No. 84-1 on file. K. Approval of Bills See list attached. L. Approve Change Order ~2 - N.E. 10th Avenue Project The contractor submitted an explanation of this change order and the City Engineer recommends approval. Mr. Cheney referred to Item A-3 and corrected the amount of $8,443.12 to $7,071.22, which is the approved amount. - 8 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 Councilman Cassandra moved to accept the Consent Agenda, Items A, B, C, D, E, F, G, H, I, J, K, and L for approval. Councilman Wright seconded the motion. Under discussion, Mr. Cheney informed the Council that Item L is for the amount of $2,122.50 for conduits to put across 10th Avenue for FPL lines. Councilman Cassandra asked if Item A-5 was for replacement or new lift station pumps and Mr. Cheney replied that both are replacements, one on N. E. 12th Avenue and one on N. E. 26th Avenue. He added this bid is for the pumps and we have a bid out for installation. Mr. Cassandra referred to the Approval of Bills and questioned the Boynton Beach Country Club on No. 8 and Mr. Cheney informed him this is for our golf course. Motion carried 5-0. BIDS NONE PUBLIC HEARING NONE DEVELOPMENT PLANS Approve Time Extension for Filing the Final Plat, C & H Meadows 300, Plat No. 2 Mayor Zimmerman referred to a letter being submitted by Mr. Greg Proctor and asked if a representative was present. A representative came forward, but did not have any further comments to add to the letter. Vice Mayor Ferrell moved to approve, seconded by Councilman Wright. No discussion. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 84-15 - Re: Annexation - Plaza West Mr. Vance read proposed Ordinance No. 84-15 by title: 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, PURSUANT TO A PETITION OF THE OWNER OF SAID - 9 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION VII, (32), OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE AND AUTHORITY TO CODIFY; AND FOR OTHER PURPOSES. Mayor Zimmerman referred to this being a public hearing and ascertained nobody wished to speak either in favor or oppo- sition to this ordinance. Councilman Cassandra moved to approve on second and final reading Ordinance No. 84-15, Annexation of Plaza West. Vice Mayor Ferrell seconded the motion. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Councilman Wright - Aye Mayor Zimmerman - Aye Motion carried 5-0. Proposed Ordinance No. 84-18 - Re: Rezone - Plaza West Mr. Vance read proposed Ordinance No. 84-18 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY, BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED INTO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE, AS C-1 (OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT); PROVIDING A SAVINGS CLAUSE; REPEALING PROVISION; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Zimmerman asked if anyone in the audience wished to speak in favor of this ordinance and received no response. He asked if anyone wanted to speak in opposition to this ordinance and received no response. Councilman Cassandra moved to accept Ordinance No. 84-18 on second and final reading to rezone Plaza West. Councilman - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 Warnke seconded the motion. No discussion. took a roll call vote as follows: Mrs. Boroni Councilman Cassandra - Aye Councilman Warnke - Aye Councilman Wright - Aye Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Motion carried 5-0. Proposed Ordinance No. 84-19 - Re: Amend Land Use - Plaza West Mr. Vance read proposed Ordinance No. 84-19 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY MEDIUM TO MEDIUM-HIGH RESIDENTIAL WITH COMMERCIAL POTENTIAL TO CITY OF BOYNTON BEACH OFFICE - COMMERCIAL; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Zimmerman ascertained nobody desired to speak either in favor or opposition to this ordinance and declared the public hearing closed. Councilman Warnke moved to accept proposed Ordinance NO. 84-19 on second and final reading, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Warnke - Aye Councilman Wright - Aye Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Motion carried 5-0. Ordinances - 1st Reading Proposed Ordinance No. 84-20 - Re: Prohibiting mooring of vessels to wooden overlook at Casa Loma Boulevard - 11 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 Mr. Vance read proposed Ordinance No. 84-20 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 16. PARKS AND RECREATION. ARTICLE III. BOATS AND BOATING, OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA, TO CREATE A NEW SECTION 16-94.5 PROHIBITING THE MOORING OR FASTENING OF A VESSEL IN THE INTRACOASTAL WATERWAY TO THE WOODEN OVERLOOK BUILT AT THE TERMINUS OF CASA LOMA BOULEVARD IN THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Vice Mayor Ferrell made a motion to adopt Ordinance No. 84-20 on first reading, seconded by Councilman Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Wright - Aye Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Motion carried 5-0. Resolutions Proposed Resolution No. 84-AA - Re: Amend Resolution No. 84-H Special Assessment for S.E. 3rd Street North of S.E. 21st Avenue (Tabled - Pending Report from Recommending Board) Councilman Cassandra asked if there is a report and Mr. Cheney responded negatively, as it must go back to the Technical Review Board and Planning & Zoning Board. Mayor Zimmerman announced this would be left on the table. Mr. Vance advised the Council that the City Manager has suggested placing routine resolutions on the Consent Agenda and he sees no legal difficulty with that. Councilman Cassandra commented that soon we only will have a Consent Agenda if we keep this up and Mr. Vance replied that he was just mentioning this. Mayor Zimmerman suggested this be tried with the understanding we could pull out any resolu- tion we wish to discuss at any time. Councilman Warnke referred to the next three resolutions being in reference to signing checks due to a new Council - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 being elected and asked if they could be grouped into one and Mr. Vance replied that he preferred taking them separa- tely since they are on the agenda individually, but these are examples of those which could have been on a Consent Agenda. Proposed Resolution No. 84-CC - Re: Designating those authorized to sign checks, vouchers, withdrawal slips, etc. Mr. Vance read proposed Resolution No. 84-CC by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING AUTHORIZED INDIVIDUALS TO PREPARE, SIGN AND COUNTERSIGN CHECKS, VOUCHERS AND WITHDRAWAL SLIPS DRAWN ON CITY DEPOSITORIES Vice Mayor Ferrell made a motion to accept Resolution No. 84-CC, seconded by Councilman Warnke. Under discussion, Mr. Warnke referred to a roll call vote being necessary and Mr. Vance advised that it was not. Motion carried 5-0. Proposed Resolution No. 84-DD - Re: Authority to sign and execute checks, etc. for the Municipal Police Officers' Retirement Fund Mr. Vance read proposed Resolution No. 84-DD by title: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING THE APPROPRIATE OFFICIALS TO BE AUTHORIZED AND EMPOWERED TO SIGN AND ISSUE CHECKS, ET CETERA AS OUTLINED HEREIN, FOR THE MUNICIPAL POLICE RETIREMENT FUND OF THE CITY, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 185 OF THE FLORIDA STATUTES; PROVIDING A REPEAL CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Warnke moved to accept Resolution No. 84-DD, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Proposed Resolution No. 84-EE - Re: Authority to sign and execute checks, etc. for the Firemen's Relief and Pension Trust Fund Mr. Vance read proposed Resolution No. 84-EE by title: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING THE APPROPRIATE OFFICIALS TO BE AUTHORIZED AND EMPOWERED TO SIGN AND ISSUE CHECKS, ET CETERA AS OUTLINED HEREIN, FOR THE FIREMEN'S RELIEF AND PENSION - 13 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 TRUST FUND OF THE CITY, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 175 OF THE FLORIDA STATUTES; PROVIDING A REPEAL CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Wright moved the adoption of proposed Resolution No. 84-EE, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Proposed Resolution No. 84-FF - Re: Accepting Improvements and Reducing Bond for Meadows 300 Plat I Mr. Vance read proposed Resolution No. 84-FF by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING COMPLETED IMPROVEMENTS AND ACCEPTING A NEW BOND IN THE AMOUNT OF THE VALUE OF THE UNCOMPLETED BONDED IMPROVEMENTS FOR THE MEADOWS 300, PLAT NO. 1, A P.U.D., IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST Councilman Cassandra moved to accept Resolution No. 84-FF based on the Technical Review Board members recommending acceptance, seconded by Councilman Wright. No discussion. Motion carried 5-0. Proposed Resolution No. 84-GG - Re: Reduction of Recreation Bond - The Crossings Mr. Vance advised there is a typographical error with "Z" being noted and this should be changed to "GG". He then read proposed Resolution No. 84-GG by title: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING PERFORMANCE BOND FOR PRIVATE RECREATION FACILITIES FOR THE CROSSINGS OF BOYNTON BEACH P.U.D. IN SECTION 15, TOWNSHIP 45S, RANGE 43E, AS RECORDED IN PLAT BOOK 45, PAGES 170 AND 171 OF THE PALM BEACH COUNTY RECORDS Councilman Wright moved adoption of proposed Resolution No. 84-GG, seconded by Vice Mayor Ferrell. Under discussion, Councilman Cassandra referred to the Community Appearance Board raising questions on the landscaping of some portions of this property and asked if this bond is going to cover that problem and Mr. Cheney informed him that bonds cover public improvements and private improvements are covered by the certificates of occupancy issued at the end. He added that the Community Appearance Board did discuss this last - 14 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 night and this property is not in violation, but the Board has urged them to take steps to complete the berm planting to the south. The control is by the certificate of occu- pancy. Councilman Warnke stated he will abstain from voting on this issue because he is a property owner. Councilman Cassandra referred to Councilman Wright being a property owner also and Councilman Wright agreed, but advised this is just a routine matter. Motion carried 4-0 with Councilman Warnke abstaining. Other None OLD BUSINESS Water Pressure - S.E. 21st Avenue Mrs. Mayhew told about understanding from Mrs. Boroni that this situation has been investigated and there is a water line on S.E. 21st Avenue which she could utilize, but she would have to pay to bring the water line to the front of her lot to-hook up. She doesn't think this is fair. She has utilized the 3/4" pipe in the rear for 35 years along with other people. A new pipe is being given to the new apartments, but she must continue with lousy water pressure. She thinks 35 years is a long time to have that size and keep adding to it. She thinks the city should have to replace this. She has been paying the same rates as anyone else. Her water meter is not even located in her yard. Mayor Zimmerman asked if she received a letter from the City Manager concerning this and Mrs. Mayhew replied negatively. Mr. Cheney clarified that the material was just distributed to the City Council, but obviously Mrs. Boroni read the memo to her. Mr. Cheney stated that the line was not put in to serve the apartments to be developed. The line was installed in 1978. There are places throughout the city being served with small lines. We do not support the idea of replacing pipes in rear properties. To go in and change pipes-in rear yards would be very destructive. There is no question in order to do this, there is a cost for plumbing on the part of the property owner. The new line has been put in at no cost to the property owner. Access to this new line would be without a capital facility charge which new developments have to pay. He suggests if the Council doesn't follow the policy which has been followed in the past with requiring - 15 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 the property owner to pay for plumbing as problems of low pressure water lines are solved in various parts of the city, we will have a serious problem of payment. This line was put in five years ago and it is the responsibility of the property owner to get to the line in the public right- of-way. Mrs. Mayhew responded that she was never told she was entitled to use this line. She feels the city is obligated to give service from that line to her house at the city's expense. Mr. Cheney stated the users of the water system pay the cost. The issue before the Council is to have a policy relative of who pays for the water system. There is a question of equity regarding new and existing developments. A new line was put in at no direct cost of the users to the water line. The question is what to do with situations like this. Should the cost be spread to all the users or absorbed by the private property owners when to their benefit? It is a policy question and judging the fair- ness of the situation. There is also a problem with making public expenditures on private property. Mr. Vance added there is concern about the city spending money on private property in view of the bond resolution outstanding. Mrs. Mayhew stated a new line has been given to other people and they are entitled to something as they pay the same. Mayor Zimmerman informed her she could get water from this line by paying the plumbing expense to hook onto it. Mrs. Mayhew replied that she has a 90 ft. span from her back to front yard. She is entitled to get water from the back line and should have a decent sized pipe. She should not have to move her line after 35 years. Mr. Cheney stated that it would be virtually impossible to put a replacement line in the easement in the rear. Also, the lot is 90 ft. deep and the line wouldn't have to be run the length of the lot. Mr. Vance stated under the current ordinances, when you receive water, you pay the cost of installing the major line and connection charges. Water service is no longer provided by the city, but the people pay for it. Mrs. Mayhew asked who paid for the 6" water line in front of her house? Mr. Cheney explained there was the possibility of water ser- vice being tied into a front spigot without running pipes from the rear, which would reduce the cost considerably. He added that adjustments would have to be made for 3/4" lines, but the issue is paying for improvements on private property. - 16 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 Mrs. Mayhew asked why the new pipe wasn't installed in the rear and Mr. Cheney explained that it is preferred to have utilities in public streets rather than in rear yards. Mrs. Mayhew asked why she wasn't notified when they could use the new line and Mayor Zimmerman informed her she could get improved water service by paying the plumbing charge. Vice Mayor Ferrell made a motion to follow the City Manager's recommendation based upon the City Attorney's advice regarding public domain expenditures and bond issues. Mr. Vance clarified the motion was to go with the existing city policy and Mr. Ferrell agreed. Councilman Cassandra seconded the motion. Under discussion, Mr. Cheney advised that we will visit Mrs. Mayhew and discuss the specifics of this situation. Mr. Ferrell commented from his own experience with having to abandon a septic tank and hook into the sewer system, he feels it is fair to stick with the same policy. Councilman Warnke stated he would like to abstain from voting as Mrs. Mayhew is his daughter's mother- in-law. Councilman Wright remarked that he is concerned we have consistent action with what is on the books. Motion carried 4-0 with Councilman Warnke abstaining. Review Printing Policy Mayor Zimmerman referred to backup material being submitted and asked if there were any questions. Vice Mayor Ferrell asked if there was any problem with service or contacting people when going with the low bid no matter what the loca- tion and Mr. Cheney replied there have been no problems. He added that any time there are problems, the company is eli- minated from the list and we have not had any more problems outside than inside. Councilman Wright referred to receiving items in an expeditious manner and Mr. Cheney replied that he didn't believe it was worth the price dif- ference and the time is specified on the bid and if delivery isn't made, they don't get paid. Councilman Wright referred to the recommendation being to revert to the old policy and Mayor Zimmerman added it was an open bid policy. Mr. Cheney clarified that the City Council made a policy. It was requested that a factual report be submitted. This is not a recommendation, but a report on the facts. At the present time, the policy is to use local printers. Councilman Wright referred to possibly violations of the anti-trust act and Mr. Vance replied that he pre- viously submitted memos in connection with this matter and added that essentially an open bid policy is a better approach. - 17 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 Councilman Warnke moved that the city policy revert to the former policy of open bidding of printing for the city, seconded by Vice Mayor Ferrell. Under discussion, Mr. Wright stated he would like to see some exceptions to this policy and told about the G.A.L.A. and Black Awareness Committees raising funds. Councilman Warnke stated when this came up, he was in favor to go with local printers, but this report shows we could save a lot of money by having open bidding. He wanted the local printers to have the business, but with the cost, he cannot be partial. He does believe there should be some exceptions when it comes to donations for the G.A.L.A. He is in favor of opening for bidding as we do with other bids. Mr. Ferrell clarified his motion is to go with the low bid and adopt a general policy which could be varied from, such as in emergency situations. Mr. Cheney informed the Council that he has a problem with G.A.L.A. with them giving something and we should give them something. We have city employees making judgements with giving contributions,they will get printing. There are a lot of cases where local people have gotten the bid. It is in more specialized printing requirements where they are not equipped to compete with larger printers. Some local prin- ters farm the jobs out, but they do get many of the jobs. He would be concerned about an exception where it may put our employees on the spot. Councilman Cassandra went over the statistics and stated he finds it hard to comprehend that we didn't necessarily go with the low bid concept. He asked if the motion was not to give to low bidders any more and Councilman Warnke answered that the motion was to open for any bid and it is also up to the Purchasing Department as to quality. Mr. Cassandra clarified that we have not picked low bids consistently, but have considered quality. Mr. Ferrell clarified that it would just be changed not to restrict to city printers. Mr. Cassandra asked if we were going back to the $1,000 limit and Mr. Cheney informed him there is a requirement to take formal bids for over $1,000; however, we have attempted to lump some items together and take quotes. Bids on small printing jobs are expensive and we have packaged things together to get a better price. Our objective is quality and price. Mr. Cassandra requested further clarification and Mr. Warnke informed him that several months ago, the Council decided to go with local printers and before that, bids were awarded to the lowest bidder. The motion is to go back to the former - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 policy before this all came up as a cost savings and incen- tive to our budget. Mr. Ferrell added that this will just remove the restriction that we had to deal with local prin- ters and instead go with the loWest bidder. Councilman Wright suggested possibly monitoring this a little longer and Mr. Zimmerman replied that quite a few figures were submitted and the report is detailed. Mr. Cheney added that waiting longer won't do any good and non- local printers will not bid if we wait longer. Mr. Wright commented that the local printers may come down in price. After further discussion, Mr. Cassandra again questioned what the old policy was and Mr. Cheney explained that small jobs were combined to obtain quotes. He added in some cases, it is handy to have it done locally where editing is concerned. When a local printer's name was not included on the list, the Council decided to stay with local printers for a period of six months. Some outside printers did not bid when becoming aware of this policy, but have started to submit bids and there can be a savings. The city's policy has been to save money and get the lowest price, so all the taxpayers benefit and we are concerned with quality. Councilman Wright suggested that Mr. Cheney send a letter to all the printers which were involved requesting this policy and forward a copy of the report to let them know this has been done. Also, request them to remain on the bidding list. Mayor Zimmerman clarified that the local printers were not being eliminated at all. Motion carried 4-1 with Councilman Cassandra dissenting. Councilman Cassandra asked if people are taken off the bidding lists if they don't respond for awhile and Mr. Cheney replied affirmatively, but they are advised they are being taken off. Mr. Sullivan added that if they don't respond after three attempts, their name is removed automatically. He added if they respond to quotations stating why they can- not bid, this is accepted as a positive response; but if there is no acknowledgement, they are removed after three attempts. Mr. Wright requested that local printers be allowed to remain on the list and Mr. Sullivan explained there was time involved with typing letters and mailing. Mr. Cheney advised that most bidders who bid on public work know they are expected to submit a response. Mr. Warnke asked if this procedure was followed for all bids and Mr. Sullivan replied affirmatively and added there is a state- ment to this effect on the form. - 19 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 Policy for Nomination of Board Members Councilman Cassandra referred to not having a policy and stated we should make a decision. He referred to submitting some recommendations on March 20 and Mayor Zimmerman rePlied this was voted down. Mr. Cassandra referred to no motion being made and Mayor Zimmerman clarified that it was discussed at the last meeting. Mr. Cassandra moved to adopt the policy of nominating can- didates for boards by the sequential method of each Council member nominating a member to a particular board slot when a vacancy occurs according to the matrix he submitted by a majority vote of the Council. Vice Mayor Ferrell seconded the motion. Under discussion, Vice Mayor Ferrell distri- buted a matrix similar to the one proposed previously and read a covering proposal outlining the procedure. Mayor Zimmerman asked if he would be forced to nominate twelve people and Mr. Ferreli replied negatively. Mayor Zimmerman remarked that this gets to be a dictatorial method and would be hard to keep track of. Councilman Warnke questioned why it was thought the present system is failing and Mr. Cassandra replied that we do not have a system. Mayor Zimmerman objected as it is done by parliamentary procedure. Mr. Cassandra explained how the problem with the present procedure was the person speaking the loudest nominates a list of people with others not having the chance because the vote is taken on the first names given and in many cases, the board openings are filled by one person's nominations. He stressed that Council mem- bers do not have an equal chance to put members on boards from their districts. Councilman Wright stated consideration was to be given to coming up with equitable means to have equal representation on boards. He doesn't want to drop people off boards and doesn't support this. There should be a cross section of people serving on boards. Mayor Zimmerman stated the procedure should be to get it done relatively quickly and give everybody an opportunity. He explained that according to parliamentary procedure, everyone has the chance to submit nominations for a par- ticular board and the nominations are not closed until everyone has submitted nominations. The names submitted can be considered before votes are taken. He sees no conflict with this parliamentary procedure. - 20 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 Mr. Vance informed the Council both ways are acceptable. It has been done with open nominations in the past, but when there are districts, there is an attempt to spread the mem- bers among the districts in an equitable manner. There was further discussion about the preferred methods of nominations with opinions given by the Council. Mr. Cassandra enumerated procedures from Robert's Rules of Order. Councilman Warnke referred to needing more time to study this and moved to postpone the main question indefinitely. Councilman Cassandra stated this is an incidental motion and no other motion takes over and we have to get the boards covered. Councilman Cassandra moved to recess for three minutes while the City Attorney researches this. Mayor Zimmerman ascer- tained the motion died for lack of a second. Mayor zimmerman called for a vote on the original motion made by Councilman Cassandra and seconded by Vice Mayor Ferrell to adopt this set plan of naming appointments for the various boards as nominees and they will be voted on with a majority required to be appointed. Mr. Vance suggested there should be a system when a member does not have a nomination, it should pass onto the next one in order. Mr. Ferrell suggested it be held in abeyance and Mr. Vance replied it would be practical to give the Council member the opportunity to consider. Councilman Wright suggested that one or two meetings be given as the time limit. Vice Mayor Ferrell sta%ed unless someone feels they can appoint 24 to 36 people, he does not see a problem with everyone appointing an equal number to the boards. Mr. Vance asked if Mr. Cassandra was relating to his sketch or the one submitted by Mr. Ferrell and Mr. Cassandra replied there was no problem with the procedure submitted by Mr. Ferrell. Mr. Wright questioned the duration of time being given to decide on appointments and Mr. Vance informed him under the existing setup, those in office continue in office until replaced. Mr. Wright referred to when vacancies occur and Mr. Cassandra suggested that a nomination be given by the next - 21 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 meeting. Mr. Wright suggested that it should be two meetings. Mr. Ferrell suggested this could be voted on in each individual case. Mr. Vance stressed that it was better to adopt a policy. Mr. Wright suggested two meetings from the time apprised to make an appointment. Mr. Ferrell suggested including as No. 6 on the list that any vacancies will be filled within two Council meetings. Mr. Cassandra accepted this as an amendment to the motion, seconded by Mr. Ferrell. Mr. Vance clarified that this is a motion to amend the main motion with a new paragraph providing the member would have two meetings from the date of vacancy to make an appointment and if not made within that time, the next Councilman, vice Mayor, or Mayor in line would have the opportunity to make that nomination. As requested, a roll call vote was taken on the amendment by Mrs. Boroni as follows: Mayor Zimmerman - No Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Nay Councilman Wright - Aye Motion carried 3-2. As requested, Mrs. Boroni then took a roll call vote on the main motion as follows: Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Nay Councilman Wright - Aye Mayor Zimmerman - No Motion carried 3-2. NEW BUSINESS Appointment to City Boards and Committees Mayor Zimmerman suggested having the new terms start on May 1o Mr. Cheney added this was suggested in order to have a training session or workshop for board members during the month of April. He tentatively suggests this session be held Thursday night, April 26. This would give us the chance to have an orientation training session. vice Mayor Ferrell made a motion to make the effective date May 1 and table the board appointments until the next regu- - 22 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 larly scheduled City Council meeting. Councilman Wright seconded the motion. Under discussion, Mr. Vance referred to the possibility of the rotation system dragging out the appointments and Mr. Ferrell replied that nominations could be accepted for the entire slate which would save time. Mayor Zimmerman clarified that under this new procedure, there would never be more nominations than the number of appointments being open and Mr. Vance agreed, but added the opportunity is given to vote on each individual name. Mayor Zimmerman stated with this motion, it defeats the idea to notify the people before they take effect. The idea of the effective date was to give the City Clerk and admi- nistrative staff enough time to notify everybody. Mr. Ferrell replied there would still be two weeks after the next meeting. Mr. Cheney stated the letters of appointment could be sent the day after the meeting, which would be prior to April 26. Mayor Zimmerman clarified that it had been moved and seconded to set May 1 as the effective date with appoint- ments to be made at the next regularly scheduled Council meeting. Motion carried 5-0. ADMINISTRATIVE Consider Appointing One Member to Boynton Beach Housing Authority (Tabled) It was agreed to leave this on the table. Appoint One Representative to Community Action Board and One Alternate (Tabled) Mr. Wright moved to remove this from the table, seconded by Mr. Ferrell. Motion carried 5-0. Councilman Wright nominated Mr. Louis Skinner as the member and Mrs. Mary Jones as the alternate. Mayor Zimmerman questioned who the other members of this board are and Mr. Wright informed him they are people from throughout the county. Mayor Zimmerman asked if anybody from Boynton Beach is on the board now and Councilman Wright replied negatively. He added that this board meets on the third Tuesday night of each month. The vote was 5-0 in favor of appointing Mr. Louis Skinner as the regular representative. The vote was 5-0 in favor of appointing Mrs. Mary Jones as the alternate representative. - 23 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1984 Consider Request from Community Redevelopment Agency to Reappoint Mr. Don Combs Vice Mayor Ferrell moved to table this until the next regu- lar meeting and add as No. 10 on the chart, seconded by CounCilman Warnke. Motion carried 5-0. Municipal Police Officers' Retirement Trust Fund Vice Mayor Ferrell made a motion to approve the appointment of Sgt. Donald Thrasher on the Police Retirement Board, seconded by Councilman Warnke. No discussion. Motion carried 5-0. OTHER NONE ADJOURNMENT Councilman Wright moved to adjourn, seconded by Vice Mayor Ferrell. Motion carried 5-0 and the meeting was properly adjourned at 9:50 P. M. CITY OF BOYNTON BEACH, FLORIDA Vice Mayor ATTEST: Councilman (Three Tapes) ~ ~ ~ - 24 - AGENDA April 3, 1984 CONSENT AGENDA - ADMINISTRATIVE Approval of Bills: Allen Insurance Agency Renewal of Public Officials Liability Ins.---$7,095.00 Pay from General Fund---5,850.00 Pay from Water & Sewer--i,245.00 Endorsement adding 4 vehicles to auto ins.---$1,537.00 Pay from General Fund---i,163.00 Pay from B.B.Rec.Fac.--- 374.00 8,632.00 John L. Archie Plumbing, Inc. Installation 3 wall hung drinking fountains-Golf Course Pay from B.B. Rec. Facility Constr. Fund: 415a000-169-41-00 1,390.00 Ernst &Whinney Final billing - professional se~;ice annual y/e audit Pay from various City Funds 8,484.00 Ha~d.riwes, Inc. Fill delivered to Pistol Range Pay from General Fund---001-000-247-15-00 2,610.00 Se Madsen/Barr Corporation Est. %4 N.E. Area Water Main for period 2/21/84 to 3/20/84 Pay frUm Util. Cap. Improvement---404-000-169-01-00 120,955.79 E. N. Murray, Inc. Est. %4 Final Wells 17- 22 Raw Water Mains for period 8/23/83 Pay from Utility Cap. Improve---404-000-169-01-00 3,318.15 Pifer Inc. 1 John Deere Mower for Parks Dept. Pay from Federal Rev. Sharing---320-722-572-60-41 Per bid 2/13/84, Council approved 2/21/84 1,349.52 m Daniel O'Connell General Contractor, Inc. · ~rtra work items for Boynton Beach Country Club Pay from B.B.Rec.Facility Constr. Fund: 415-000-169-41-00 2,481.00 COUNCIL APPROVED: Meeting: -2- 10. 11. 12. 13. 14. 15. 16. 17. S. I. Lime Company Pebble Quick Lime for Water Plant Pay from Water & Sewer Rev.---401-332-533-30-65 Shurly Contracting Co. Est.%8 N.E. 10th. Ave. Project Pay from General Fund---001-O00-115-87-00 10~Reimbursable Community Development Block Grant South Central Regional Wastewater Treatment Board Services rendered in connection with treatment & disposal of wastewater for month of February, 1984. Pay from Water & Sewer Rev.---401-353-535-40-9I SDearman Marine Construction Est. San Castle/St. Andrews Part "D" Intracoastal Waterway Crossing Pay from Utility Cap. Improve---404-000-169-11-00 R. J. Sullivan Corporation Est. %6 San Castle/St. Andrews Part A for period 2/18/84 to 3/19/84. Pay from Utility Cap. Improve.---404-000-169-11-00 Universal .Signs & AccesSories Galvanized Posts and Signs for Roads & Streets Pay from General Fund---001-411-541-30-48 Isiah Andrews Driver for Senior Citizens Club 2 wks. Pay from Federal Rev. Sharing---320-641-564-40-5A Per Ordinance %73-15, passed 5/15/73 Willie Ruth McGrady Server for Senior Citizens Club 2 wks. Pay from Federal Rev. Sharing---320-641-564-40-SA Per Ordinance %73-15, passed 5/15/73 BBR General Contractors, inc. congress Avenue Water Main Pay from Utility General Fund---403-000-169-01-00 $ 13,749.48 85,392.13 66,828.15 18,382.29 44,023.48 1,973,50 140.40 134.40 22,713.20 -3- The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Gr Fmnance Director I therefore recommend payment of these bills. City Manager COUNCIL APPROVED: Meeting:.-?~,J~--.- -~-'S'",y~