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Minutes 01-17-95MINUTES OF THE CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON NONDAY, JANUARY 17, 1995, AT 6:30 P. M. PRESENT Edward Harmening, Mayor Lynne Matson, Vice Mayor Matthew Bradley, Mayor Pro Tem David Katz, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS A. Call to Order B, Invocation - Reverend John Block, Pastor - St~ Mark Catholic Church C, Pledge of Allegiance to the Flag Mayor Harmening called the meeting to order at 6:30 P. M. In the absense of Rev. Block, a moment of silent prayer was observed, followed by the Pledge of Allegiance to the Flag, which was led by Mayor Harmening. D. Agenda Approval 1. Additions, Deletions, Corrections Mayor Pro Tem Bradley added IV.A.2 (FDOT-- Palm Beach International Direct Connect). County Commissioner Mary McCarty will provide some background infor- mation on this topic. Vice Mayor Matson added IX.AA.1 (Planning and Development Board Minutes and Discussion of the City Attorney's Representation). She also added IX.AA.2 {Report on the Intergovernmental Challeges Summit). 2, Adoption Motion Vice Mayor Matson moved to adopt the agenda as amended. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. II, ADNINISTRATIVE A, Appointments to be mde Appointment Reg/ To Be Made Board Alt I I Bradley I I B tad 1 ey III Aguila Mayor Harmeni ng I I B tad 1 ey II Bradley Education Advisory Board Alt Board of Adjustment Alt Cemetery Board Alt Nuisance Abatement Board Alt Education Advisory Board Alt Board of Adjustment Reg Length of Term Expiration Date Term expires 4/95 TABLED 2 yr term to 4/96 TABLED 1 yr term to 4/95 TABLED 2 yr term to 4/96 TABLED Term expires 4/95 TABLED Term expires 4/97 TABLED - 1 - HINUTES - CITY COHFIISSION HEET]'NG BOYNTON BEACH, FLORIDA ~IANUARY 17, 1995 III Aguila IV Matson Mayor Harmening I Katz III Aguila IV Matson Mayor Harmening I Katz II Bradley III Aguila Nuisance Abatement Board Reg Education Advisory Board Reg Planning & Development Board Reg Civil Service Board Alt Education Advisory Board Reg Senior Advisory Board Reg Planning & Development Alt Code Enforcement Board Reg Senior Advisory Board Alt Community Relations Board Reg Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 4/96 TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 6/95 TABLED Term expires 4/95 TABLED Term expires 9/97 TABLED Term expires 4/95 TABLED Term expires 4/95 Hotlon Mayor Harmening, Mayor Pro Tem Bradley, and Commissioner Katz each had only one appointment to make. Therefore, Vice Mayor Matson moved to remove the Nuisance Abatement Board, Civil Service Board, and Senior Advisory Board appointments from the table. Commissioner Katz seconded the motion, which carried 4-0. Mayor Harmening appointed Gerald Mitchell as an alternate member of the Nuisance Abatement Board, without objection. Since Commissioner Katz was going to appoint him to the Civil Service Board, he wished to place his appointment back on the table. Mayor Pro Tem Bradley appointed Rose Elizabeth Fichtman as an alternate member of the Senior Advisory Board. However, he noticed that Vice Mayor Matson has a regular appointment to this Board. Therefore, Vice Mayor Matson appointed Rose Elizabeth Fichtman as a regular member of the Senior Advisory Board, without objection. Hotlon Vice Mayor Matson moved to table the appointments not made. Commissioner Katz seconded the motion, which carried 4-0. Authorize purchase of 28 sets of Homing Prlde lightweight fire- fighting protective bunker gear piggybacking Palm Beach County bid tn the amount of $15,779,89 This request was approved during the budget process for fiscal year 1994/95. Funds are provided in Fire Department Account No. 001-221-390-00. Notlon Mayor Pro Tem Bradley moved to approve the purchase of this firefighting pro- tective bunker gear in the amount of $15,779.89. Vice Mayor Matson seconded the motion, which carried 4-0. Authorize purchase of an Aluminum One Ton Step Van In the amount of $24,841,00 frum Garber Buick GI~, State contract, for the Utilities Public Water Maintenance Division -2- MINU~ES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~lANUARY 17, 1995 Additional money is budgeted in the 1994/95 fiscal year budget to purchase a new one ton aluminum step van. The Utilities Department has located a van on the Florida State Contract. This van will be used by the Public Water Maintenance Electrician to carry electrical supplies, cable, motors, pumps, and tools. Motion Vice Mayor Matson moved to approve the request to purchase an aluminum one ton step van in the amount of $24,841.00 for the Utilities Department. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. D. A~proval of Advanc~ Life Support (ALS) transport fees to reflect ~anuary Medicare increases Pursuant to Fire Department Memorandum 94-488, effective January 1~ 1995, cer- tain changes in Medicare will have an impact on our ALS transport fee collec- tions. The major changes, as they affect us, will be in the coding structure for transport fee reimbursement, and the amount of reimbursement available. It is imperative that we adjust our transport rates to include the new coding structure and reflect the increases to the allowable reimbursements being offered by Medicare. The EMS Clerk has been instructed to begin including the new rate structure in our billings beginning on January 1st. These increases in our fees will insure that we receive the maximum amount of reimbursement available. These increases will also allow us to take advantage of yearly "cost of living" increases offered by Medicare. The following changes will occur: Basic Transport Oxygen Charge Mileage - $245 (old fee) - $260 (new fee) - $22 (old fee) - $29 (new fee) - $5.50/mile {old fee) - $6.50/mile {new fee) The new rate structure requires the combining of the basic charge and the oxygen charge into one fee. Our new rates will therefore be: Basic Rate - $289.00 and mileage at $6.50/mile These rate increases will not have any affect on the out-of-pocket expenses incurred by our residents. Motion Mayor Pro Tem Bradley moved to approve the recommended Advanced Life Support transport fees. Vice Mayor Matson seconded the motion. Vice Mayor Matson stated that this motion is made with the stipulation that this will not affect our residents' out-of-pocket expenses. Mayor Harmening added that the motion should also reflect the change in the mileage. The motion carried 4-0. -3- MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 17, 1995 E. Approval to downgrade two vacant detective positions to police officer Commissioner Katz agreed with only half of this proposal. He understands that the Juvenile First Offender position probably does not need to be at a detective level. However, he sees a movement towards possibly eliminating the Detective Bureau by initiating rotating investigative officer positions, and he does not agree with this. He does not know of any City our size that does not have a Detective Bureau. He will vote against this if it includes the position that was opened up due to a promotion by Detective Kalin to Sergeant. He understands that according to the PBA contract still in force, that position should be filled within ten days, and it has not been. Therefore, a grievance will pro- bably be filed. He did not think the existing detective poSition should be downgraded. However, he had no objection to downgrading the Juvenile First Offender position. Vice Mayor Matson believes it is very important to implement this. It allows management to assign investigators to cases on a rotating basis. She did not believe the Commission should be sitting at the dais as union negotiators. She believed that this is an administrative decision and that if the City Manager and the Police Administration feel this is going to improve the day to day workings of the Detective Bureau, it is a good thing and she intends to vote for it. Motion Vice Mayor Matson moved to approve the recommendation of the City Manager and the Police Department to downgrade two vacant detective positions to police officers. Mayor Pro Tem Bradley seconded the motion. Commissioner Katz stated that detectives in any police department probably work years and years on gaining resources in the community so they can solve cases. He felt this downgrading would be detrimental to the City, residents, taxpayers, and the Police Department. The motion carried 3-1. Commissioner Katz cast the dissenting vote. III. CONSENT AGENDA A. Minutes 1, Regular City C~lsslon Meeting Minutes of January 3, 1995 No changes were made to these minutes. 2, Code Revlslon Meeting Minutes of January 9, 1995 No changes were made to these minutes. -4- #INUTE$ - CITY CO##I$$ION #EETING BOYNTON BEACH, FLORIDA ~ANUARY 17, 1995 B. Bids - Recommend Approval - All expendlturos are approved in the 1994-95 Adopted Budget None. C. Resolutions Proposed Resolution No. R95-04 Re: Authorize execution of agreement between the City of Boynton Beach and Risk & Safety Solutions for the purchase of workers' compensation software for the Risk Hanagement Division City Attorney Cherof read Proposed Resolution No. R95-04 by title only. Proposed Resolution No, R95-05 Re: Assessing the costs of abate- ment of certain nuisances against the owners of the property involved (lot mowing liens) City Attorney Cherof read Proposed Resolution No. R95-05 by title only. Mayor Harmening asked how many of these lot mowing liens the City has failed to establish a lien on because of change in ownership. City Manager Parker gave him the figure of 65. Mayor Harmening pointed out that some of those go back quite a while and staff needs to stay on top of this so that this does not happen regularly. Approval of Bills A copy of these bills is attached to the minutes, on file in the City Clerk's Office. With regard to bills 20 and 29, Mayor Harmening questioned the contract bal- ances. It was explained to him by City Manager Parker, Charles Frederick {the Director of Recreation and Parks} and Diane Reese {the Assistant Finance Director) that the contract balances take into consideration the payments being requested to be authorized this evening. This will be corrected in the future so that the balances do not include the requested payments. E. Payment of Bills - December, 1994 A copy of these bills is attached to the minutes, on file in the City Clerk's Office. Approve budget transfer from contingency account to cover one time assessment fee for the Palm Beach Countywide Intergovernmental Coordination Program Based on population, the fee for the City of Boynton Beach is $2,500.00. -5- #INUTE$ - CITY CONI4ISSION HEETING BOYNTON BEACH, FLORIDA ~ANUARY 17, 1995 G, Approve dlsposal of records for the Personnel Department Records Disposition Request #284 has been approved by the State. Request authorization to purchase necessary DARE 1tams for our local schools from the Law Enforcement Trust Fund tn the amount of $8,463,51 This money is to be used to reward students for completing the DARE program. Prizes are also given to essay writers and other contest winners, to include teachers. The tokens given at graduation of the DARE program and at other events serve to remind or encourage young people to stay away from drugs. Authorize purchase of a Hatlonal Reel Hower from Plfer, Inc,, Jupiter, Florida, In the amount of $8,190,00,00 for the Parks Department This mower is a replacement for the one purchased in I983, which is now worn out and unrepairable. Piggyback Broward Conmunl~ College Bid wlth Devoe & Reynolds Company, West Palm Beach, for Palnt and Sundry 1toms tn the amount of $5,000,00 for the Utilities Department This request is for paint and painting materials used for pre-paint preparation, painting and maintenance throughout the various Utility divisions. Motion Vice Mayor Matson moved to approve the Consent Agenda as presented, subject to making sure the bills are correct. Commissioner Katz seconded the motion, which carried 4-0. At this point in the meeting, Mayor Harmening advised that Commissioner Aguila is ill tonight and is unable to attend the meeting. Since Commissioner Mary McCarty was not yet present, Announcements and Presentations were dispensed with later in the meeting. V, BIDS Award bid to West Construction'for the construction of the C-16 Linear Park and authorize execution of contract (Proposed Resolution No. R95-06) - NOTE: Due to bld prlces, one fishing plat Is racom- mended for deletlon City Manager Parker noted the following typos and additions in the contract: Page 2 - Section 2.6 - The word "valid" should be inserted before the word "claims" in the second line. -6- MINUTES - CITY COMMISSION MEETING BOYNTON BEACH,, FLORIDA JANUARY 17, 1995 Page 3 - Section 3.1 - The project will be completed within 120 days, not 10 days. Page 5 - Section 6.3 - Insert "10" in the blank. Page 9 - Section 9.2 - The project engineer shall be Lawson & Noble. Mayor Harmening asked why the City is installing a well in this area when there is a canal right there. Mr. Frederick explained that the City has experienced problems in the past with pumping canals. He added that this system is also going to service Phase 2 of the C-16. Mayor Harmening stated that if you put the intake low enough, there should not be any problems with fluctuation of levels. Mayor Harmening asked how much the well is going to cost. City Manager Parker advised that it will cost approximately $9,000.00. It seemed to Mayor Harmening that the City could put a suction into the canal for a lot less. However, Mr. Frederick stated that the City has had better luck with wells than with pumping out of canals. Mayor Pro Tem Bradley asked if South Florida Water Management has a problem with the City pumping water out of the canal. Mr. Frederick advised that they do not have a problem and would allow the City to pump the water out of the canal. Mayor Harmening suggested the water be pumped out of the canal to save the City $9,000.00. In light of this, Vice Mayor Matson asked if the City would be able to include the fishing pier that is being deleted. City Manager Parker answered negatively, saying that the fishing pier costs $21,000.00. As Phase 2 begins, Mayor Pro Tem Bradley would like the City to reconsider reinstating funding for another fishing pier. He felt it is going to be a very integral part of this park. City Manager Parker pointed out that the $9,000.00 includes the mains which the City has to have anyway for the irrigation throughout the property. Mr. Frederick asked that the two systems be reevaluated before a choice is made. Motion Vice Mayor Matson moved to approve ~the award to West Construction with the changes set forth by the City Manager in the existing contract, stipulated on the Recreation and Parks Department returning to the City Con~nission with an evaluation for final approval. Mayor Pro Tem Bradley seconded the motion. Vice Mayor Matson'would like to see the evaluation soon. advised that the City is on a timetable with grant money. will be on the next agenda. City Manager Parker Therefore, this item The motion carried 4-0. -7- N~NUTES -CZTY CONN~SSXON NEETING BOYNTON BEACH, FLORIDA JANUARY 17, 1995 Award btd to Paragon Landscape Design, Inc, In the amount of $33,175.00 for South Congress Avenue Nedlan LandscapelIrrlgatton funded 50% fr~m Palm Beach County Beautiful Palm Beaches Grant and 50% rrm Boynton Beach CIP Fund and authorize execution of contract (Proposed Resolution No. R95-07) Mayor Harmening commented that the City should have done this a long time ago. He stated that there is one more island on Woolbright Road on the east side of 1-95 that should be done. City Manager Parker pointed out one change on this contract on page 4. Section 4.1 {Liquidated Damages} needs to mirror the liquidated damages in the previous bid with the contractor having 30 calendar days from date of notice to proceed to complete this work on this median. Mayor Harmening stated that the City is pleased to get part of the medians on South Congress Avenue landscaped and owes the County a considerable bit of gratitude. Notion Vice Mayor Matson moved to approve Proposed Resolution No. R95-07. Tem Bradley seconded the motion. Mayor Pro Vice Mayor Matson was grateful that we are doing this and she hoped that we will be able to take care of the medians on North Congress Avenue in the near future. Mayor Harmening stated that the median to the east of 1-95 should be done first. He pointed out that it is the first thing people see when they come into the City and it is important to present an attractive front at that point. The motion carried 4-0, IV, ANNOUNCENENTS AND PRESENTATIONS A. Announcements Recognition and appreciation to County Commissioner Nary NcCarty authorlzin~ $40,000,00 towards construction of Downtown ~ngrove Park Mayor Harmening joined Commissioner McCarty at the podium. On behalf of the City of Boynton Beach, he thanked Palm Beach County and Commissioner McCarty for their contributions in securing this money for the City to beautify Congress Avenue. He also thanked them for all other monies the City received for various other projects. Commissioner McCarty stated that the County Commission now has a policy of trying to work as closely as possible with the municipalities in the County. She has committed $40,000.00 to help with Mangrove Park, and hoped that will -8- MINUTES - CITY COHMI$$ION MEETING BOYNTON BEACH, FLORIDA JANUARY 17, 1995 help with some of the efforts in the eastern portion of the City. She looked forward to working with the City of Boynton Beach in the future on other endeavors. Vice Mayor Matson thanked Commissioner McCarty for her magnanimous gesture and hoped that the other County Commissioners who have a stake in Boynton Beach will follow suit. She would like to get some money from Maude Ford Lee, Warren Newell, and Burt Aaronson for the City. Commissioner Katz thanked Commissioner McCarty for allocating the money for Mangrove Park. He also thanked all the residents of Palm Beach County who pay taxes that go into that budget. He hoped all would visit Mangrove Park when it is built. 2, FDOT--Palm Beach International Direct Connect Commissioner McCarty said she had written a letter to the City, as she did to all of the twelve cities in her district, asking them to pass resolutions sup- porting the 1-95 interconnect that is being proposed. She advised that the Florida Department of Transportation is holding a public hearing on January 25, 1995 at 6:30 P. M. at the Palm Beach Auditorium regarding this matter. She also advised that one very vocal neighborhood in West Palm Beach is very much opposed to this interconnect because they believe anything that would enhance the air- port may lead to more airplanes flying over their neighborhood. She felt it was important that everyone in the County understand the signifi- cance of this interconnect. It will be built in ten years. Ten years from now, it will be gridlock on 1-95 and all of us trying to get into the airport will be backed up. The Federal government has earmarked dollars to put a direct connect from 1-95 right into the airport. If we do not choose to take this money from the Federal government, there will have to be improvements done to Southern and Belvedere in the future. It will cost the taxpayers of Palm Beach County $11 million for those improvements. If those Federal dollars are not taken, they will go somewhere else in the southeast for interchange projects. Every city represented by the Municipal League on the MPO voted in favor of this interconnect, except the two Commissioners from West Palm Beach. The County has looked at the airport and access to it. Planes coming in and out of the airport will not affect how long one waits on I-gS. However, the neigh- borhood in West Palm Beach has rallied around any improvements to the airport, thinking that it is going to bring more planes. Commissioner McCarty stated it is a matter of how long we want to wait or how much money we want to pay to stave off this neighborhood's concerns. She asked the Commission to pass a resolution in support of the proposed interconnect. Patrlcla High, who resides at 241 Walton Boulevard in West Palm Beach, was pres- ent on behalf of West Palm Beach Mayor Nancy Graham and a number of neighborhood -9- NINUTE$ - CITY CONNI$SXON NEETING BOYNTON BEACH, FLORIDA JANUARY 17, 1995 associations throughout the City. She stated that the item added to tonight's agenda came as a surprise to Mayor Graham. Mayor Graham only found out this afternoon that this matter may be added to the agenda. She was unable to attend this meeting because she had to attend the West Palm Beach City Commission meeting this evening. Ms. High stated that the entire City of West Palm Beach is opposed to this direct connector, not just one neighborhood, and that Commissioner McCarty is well aware of this. Ms. High read a letter that Mayor Graham sent to our United States senators, opposing the direct connector. Ms. High advised that Mayor Graham requests that Boynton Beach not pass any resolutions concerning this issue without giving equal time and prior notifica- tion so that all sides may be heard. Ms. High expressed the same sentiments for several neighborhood associations. She stated that this is all of our tax money {$67.7 million Federal, $18 million State and County, $16 million from Palm Beach International Airport, and $2 million in City funds}. It would cost in excess of $100 million to build this direct connector. She pointed out that Belvedere Road and Southern Boulevard are already up for improvements. Notion Mayor Pro Tem Bradley moved to direct the City Attorney to draw up a resolution reflecting the support of the PBIA direct connect, otherwise known as FDOT project 3A-2. Vice Mayor Matson seconded the motion. Commissioner Katz felt the City of Boynton Beach should stay out of this matter, which he feels is going to disrupt the lives of hundreds or thousands of resi- dents in the City of West Palm Beach. The motion carried 3-1. Commissioner Katz cast the dissenting vote. VI, PUBLIC HEARING A® Project Name: Agent: Owner: Location: Description: Woolbrlght Professional Center John G. Glander Woolbright Professional Center {partnership) Woolbright Road at L.W.D.D. E-4 Canal, southwest corner Land Use Element Amendment/Rezoning: Request for a map amendment to the Future Land Use Element of the Comprehensive Plan from Office Commercial to Local Retail Commercial and rezoning from C-1 (Office/Professional) to C-2 (Neighborhood Commercial) Mayor Harmening pointed out that the Planning and Development Board voted 6 to 1 to deny this. Tambri Heyden, Planning and zoning Director,.stated that this is a request for a vacant 2.61 acre parcel located at the southwest corner of Woolbright Road and the L.W.D.D. E-4 canal to be rezoned and that the future land use element - 10 - MINUTES - CITY CO~I$$ION MEETING BOYNTON BEACH, FLORIDA ~ANUARY 17, 1995 designation be amended. The current land use and zoning is office/commercial and C-i, respectively. The applicant is requesting that the property be rezoned to C-2 (neighborhood commercial) and that the future land use map designation be correspondingly changed to local retail commercial due to his contention that there is an existing surplus of office space and that there is a current sup- portive demand for commercial property in the vicinity. The property was rezoned from C-4 to R-i-AA in 1980 when it was decided to relinquish the original intent for this site as boat storage for residents of Boynton Beach Leisureville. In 1987, the property was rezoned from R-l-AA to C-1 to be developed for a 26,550 square foot professional/medical office complex. A site plan was filed for approval and then was withdrawn. There has been no activity on the property since then. Ms. Heyden reviewed the current land use and zoning of the surrounding area, and some of the criteria for evaluating land use plan amendments and rezonings. Commissioner Katz asked Ms. Heyden to explain some of the uses that are allowed in C-2 as opposed to C-1. 'Ms. Heyden stated that primarily, the C-1 zoning district is a professional business/medical office district. In addition, there are a handful of other uses that are non.office related, such as financial institutions, hospitals, veterinary offices, nursery schools, etc. She referred him to the comparison on page 9 of the staff report. The C-2 zoning district is a light commercial zoning district and is geared toward neighborhoods. It is usually located adjacent to neighborhoods and sometimes within neighborhoods, having access through them. Therefore, the uses selected for that category are sensitive to the kinds of impacts that are associated with those uses, such as grocery stores and personal services. In response to Commissioner Katz, Ms. Heyden advised that gas stations are allowed subject to conditional use approval. NO ONE WISHED TO SPEAK IN FAVOR OF OR AGAINST THIS PROPOSED LAND USE ELEMENT AMENDMENT/REZONING. THEREFORE, MAYOR HARMENING DECLARED THE PUBLIC HEARING CLOSED. Mayor Harmening described the location of this property to someone in the audience. Motion Commissioner Katz moved to deny the rezoning from C-1 (office/professional) to C-2 {neighborhood commercial) for the Woolbright Professional Center. Vice Mayor Matson seconded the motion. Until such time as it is clearly determined what the use would be in C-2, Mayor Harmening would not be in favor of a zoning change. The motion carried 4-0. - 11 - #~NUTE$!- C~TY COMMiSSiON MEETING BOYNTON BEACH, FLORIDA JAHUARY 17, 1995 Project Name: Owner: Location: Description: Annexation - Royal Manor Mobile Home Park Royal Manor Mobile Home Estates, Inc. 85.60 acres on the north and south sides of Gateway Blvd., approximately 1,350 feet west of Lawrence Road Land Use Element Amendment/Rezoning: Request to show annexed land as Moderate Density Residential and to rezone from RS-SE {Single Family Residential - Special Exception) in Palm Beach County to R-1 {Single Family Residential) Ms. Heyden stated that the next four items on'the agenda deal with the next phase of the City's annexation program. In October, staff went to the City Commission with several properties they felt were eligible for the next stage of the annexation program, which is Phase 2, Group 2. These properties are con- tiguous and the owners have previously consented to annexation through agreement for water and sewer service. Ms. Heyden stated that the Royal Manor Mobile Home Park is a 437 unit mobile home park community occupying approximately 85 acres on the north and south sides of Gateway Boulevard, immediately east of the Windward PUD. Royal Manor is owned and operated by Royal Manor Mobile Home Estates. Each mobile home lot is not owned independently. In 1992, the City approved the water and sewer service agreement with the owner of Royal Manor. As with all these applications for annexation, City staff, the providers of major urban services {Fire, Police, and Public Works} evaluated the properties for annexation. Regarding this particular piece of property, Public Works has indicated that upon annexation, they can serve this property with the existing capital and personnel. This property is within the service area of Fire Station 3, which has superior service capability {with respect to response times, staffing, and equipment) compared to the corresponding County station. No deficiencies currently exist or are anticipated in the near future. The existing land use in the County is High Residential 8. The proposed land use is Moderate Density Residential, which allows 7.26 dwelling units per acre. The existing zoning is Agricultural Residential and Single Family Residential with Special Exception for mobile home parks. The proposed zoning is R-1 {Single Family}. The Moderate Density Residential land use was selected because it is the category most compatible with Palm Beach County's category. Palm Beach County's category allows 8 dwelling units per acre. Ms. Heyden pointed out the adjacent land uses. Staff recommended approval of this for transmittal to the Department of Community Affairs. The basis for that recommendation is because the subject property is contiguous to the corporate limits, the property lies within the City's Reserve Annexation Area, the prop- erty is consistent with the City's Annexation Program, and the proposed land use amendment is consistent with the goals, objectives and policies of the Comprehensive Plan. - 12 - NINUTE$ - CITY COHNIS$ION #EETING BOYNTON BEACH, FLORIDA ,)ANUARY 17, 1995 NO ONE WISHED TO SPEAK IN FAVOR OF OR AGAINST THIS PROPOSED LAND USE ELEMENT AMENDMENT/REZONING. THEREFORE, MAYOR HARMENING DECLARED THE PUBLIC HEARING CLOSED. Commissioner Katz asked about the small piece of property on the northwest corner of Lawrence Road and Gateway Boulevard. Ms. Heyden advised that that is a formal drive. When Sausalito Groves came before the Commission to discuss the master plan, there was a small private devQlopment of about 10 or 12 single family homes on half acre lots on the east side, Motion Commissioner Katz moved to transmit the proposed annexation of Royal Manor Mobile Home Park to the Department of Community Affairs. Vice Mayor Matson seconded the motion, which carried 4-0. Ce Project Name: Owner: Locat i on: Description: Annexation - Carriage Gate Condmlnlum Property owners within Carriage Gate Condominium 9.70 acres on the south side of Old Boynton Road, opposite Nickles Boulevard Land Use Element Amendment/Rezoning: Request to show annexed land as High Density Residential and to re- zone from RM-SE {Multi-Family Residential, Medium Density - Special Exception) in Palm Beach County to R-3 {Multi-Family Residential) Ms. Heyden described the location of'Carriage Gate Condominium. This develop- ment consists of 88 condominium units. The project is built and occupied. The units were sold between 1990 and 1993. The City's urban service providers and Public Works reviewed this proposed annexation for impact and service delivery. This project is within the service area of Fire Station 3, which has superior service capability compared to the corresponding County station. No deficien- cies currently exist or are anticipated in the near future. Ms. Heyden reviewed the existing land use, the proposed land use, existing zoning, proposed zoning, and adjacent land uses. NO ONE WISHED TO SPEAK IN FAVOR OF OR AGAINST THIS PROPOSED LAND USE ELEMENT AMENDMENT/REZONING. THEREFORE, MAYOR HARMENING DECLARED THE PUBLIC HEARING CLOSED. Notion Vice Mayor Matson moved to forward this proposed annexation to DCA. She stated that she received a number of telephone calls from people in Carriage Gate who were in favor of this. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. - 13 - MINUTES - CITY C0144I$$IOH MEETIHG BOYHTOH BEACH, FLORIDA ,3ANUARY 17, 1995 Do Project Name: Owner: Location: Description: Annexation - Lawrence Oaks Lawrence Oaks - Oriole Homes, Inc. 42 acres at the northwest corner of Lawrence Road and Knollwood Road Land Use Element Amendment/Rezoning: Request to show annexed land as Low Density Residential and to rezone from RS-SE (Single Family Residential - Special Exception) in Palm Beach County to PUD (Planned Unit Development) Ms. Heyden stated that Lawrence Oaks is a County approved project. It received site plan approval by the County in 1993 and was recently platted. In June of 1994, the City authorized execution of an agreement for water and sewer service, with the condition that the owners would volunteer to be annexed into the City. Following the recent annexation of the Knollwood Groves property, the subject property became contiguous and therefore eligible for annexation. This project consists of 178 units designed as zero lot line patio homes. Staff had provided an analysis of the zoning issues of that particular approval and how it compares to the City. Oriole Homes began construction of the site improvements approxi- mately six months ago. They are the current owners. Lowell Homes is the contract purchaser. They are the ones who will be pulling the building permits. The City is currently negotiating with the County regarding how the property will be inspected and permitted once it becomes annexed. The providers of major urban services (Fire, Police,-and Public Works} evaluated this property for annexation. It is within the service area of Fire Station 3, which has superior service capability compared to the corresponding County sta- tion. No deficiences are expected upon annexation or anticipated in the near future. Ms. Heyden reviewed the existing and proposed land uses, the existing zoning and proposed zoning, and the adjacent land uses. The PUD zoning district was selected because it is the only zoning district the City has that would respect and honor the current County approval. NO ONE WISHED TO SPEAK IN FAVOR OF OR AGAINST THIS PROPOSED LAND USE ELEMENT AMENDMENT/REZONING. THEREFORE, MAYOR HARMENING DECLARED THE PUBLIC HEARING CLOSED. Motion Commissioner Katz moved to transmit the proposed annexation of Lawrence Oaks to the Department of Community Affairs. Vice Mayor Matson seconded the motion. Mayor Harmening read into the record a memo from the Fire Chief to the City Manager regarding the annexation of properties west of Lawrence Road, in which it is indicated that Boynton Beach Fire Station 3 provides superior equipment, more personnel, and quicker response times. The motio~ carried 4-0. - 14 - #]NUTES - CZTY CONNI$$]ON #EET]NG BOYNTON BEACH, FLOR]'DA ~IANUARY 17, 1995 Project Name: Owner: Location: Description: Annexation - Windward PUD Property owners within the Windward PUD 110 acres at the northeast corner of Military Trail and Gateway Boulevard Land Use Element Amendment/Rezoning: Request to show annexed land as Low Density Residential and rezone from RS-SE {Single Family Residential - Special Exception} in Palm Beach County to PUD {Planned Unit Development} Ms. Heyden stated that the Windward PUD is a County approved project. The Windward PUD master plan contains two single family residential projects {the Palm Shores project and the Princeton Place project, which is under construc- tion}. It also includes some nonresidential {a private child care center, which exists in a 2.32 acre parcel designated for commercial). The completed portions of the PUD include the child care center, the Palm Shores project, and approximately 30 dwelling units within Princeton Place. The construction of Princeton Place began in 1993, and in addition to homes, has included all necessary infrastructure to support the project. The providers of major urban services {Fire, Police, and Public Works) evaluated this property for annexation for impact on service delivery. Public Works has indicated that they could serve all sites with existing capital and personnel. The Police Department would require only one additional employee. This property is within the service area of Fire Station 3, which has superior service capa- bilities compared to the corresponding County station. Ms. Heyden reviewed the proposed land uses. No changes are proposed to the existing uses. She reviewed the existing land uses and zoning. Upon annexation of this piece of property, it will be contiguous with the City along its south- east boundary. Staff recommended that this request be transmitted to the Department of Community Affairs. No one wished to speak in favor of this annexation. The following people spoke in opposition to this annexation: Attorney Carl Ca$clo, 639 East Ocean Avenue, Suite 407, was present on behalf of all the individual homeowners Within Palm Shores at Gables End. He said there are a number of reasons why this annexation is being opposed by the residents. The number one reason is that they want to have some say in the matter if they are going to become a part of this municipality in the future and be held to pay taxes. The City is trying to annex them through a voluntary petition pursuant to Florida Statute 171.044. There are three criteria which he feels the City has failed to meet in order to meet the requirements of the statute. First of all, there has to be contiguity at the time of the voluntary petition. Mr. Cascio read Statute 171.044{1} which requires the owner or owners of real - 15 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~ANUARY 17, 1995 property in an unincorporated area of a county which is contiguous to a munici- pality and reasonably compact may petition the governing body of said munici- pality that said property be annexed to the municipality. He asked what document the City contends is the petition for voluntary annexation. Mayor Harmening stated that would be the water service agreement that was signed by the original owner. City Attorney Cherof reminded the Commission that this is just a preliminary transmittal to DCA and this does not constitute review of an annexation. Review of an annexation will come back to the Commission in ordinance form for first and second reading if and when the DCA considers the matter and sends it back. Mr. Cascio said the agreement was entered into on March 20, 1984 between the City and Frank A. Flower. He entered a copy of that agreement into the record and asked if any of the current residents that are now property owners within the Palm Shores development signed that water service agreement. He wanted the record to reflect what the boundaries were at the time of the signing of the water agreement, before it is sent to DCA for their review. Mr. Cascio stated that there currently is not contiguity unless the City annexes Royal Manor Mobile Home Park. He submitted an excerpt from the Annual Report of the Attorney General, AGO 85-58, July 31, 1985. It is the Attorney General's opinion that courts are against the City annexing property to create the necessary contiguity to then annex another area through a voluntary petition. Mr. Cascio stated that 171.044(2) requires that all the property owners sign the voluntary annexation. He submitted another opinion from the Attorney General (AGO 87-54, June 1, 1987) dealing with this issue. The president of a condo- minium association signed a voluntary petition. It was the Attorney General's opinion that a municipality cannot voluntarily annex a land unless it obtained each individual condominium unit owner's signature on the voluntary petition. Mr. Cascio stated that the City does not have all the signatures of the property owners that currently reside in the Windward PUD. The only signature which the City has on the water service agreement, dated March 20, 1984, is that of Frank A. Flowers. Mr. Cascio stated that the residents have other concerns, such as the enforcea- bility of the covenant within the agreement, which the City is claiming the right to annex, specifically paragraph 7. Mr. Cascio asked when the City began providing water to this area. He asked if there was any agreement between the Federal government and the City whereby the City receives Federal funding with the agreement that they would provide water to the outlying western area. City Attorney Cherof stated that there is no way to supplement the record from tonight's meeting and that each request can be treated as a request for public records. He asked the Clerk to provide a list following the meeting so that staff could respond. - 16 - #INUTE$ - C:]:TY CONN]:$$XON #EET]:NG BOYNTON BEACH, FLORIDA ,,1ANUARY 17, 1995 Mayor Harmening did not believe any Federal money was ever involved. Mr. Cascio stated that there is also a question as to the length of time before a covenant that runs with the land may be exercised where it should be held enforceable against subsequent land owners. At this time, the water service agreement was signed on March 20, 1984 and the City is now attempting to exer- cise that covenant whichs runs with the land. It is Mr. Cascio's position, and his clients' position, that this is an unreasonable length of time. In addi- tion, these people were not given actual notice prior to this. Mr. Cascio would like added to the record any minutes of meetings at which the water service agreement was adopted. Mr. Cascio felt the covenant which runs with the land is an illegal and unen- forceable covenant and that it violates antitrust laws. He contended that it is an illegal arrangement and there is no reasonable relationship between providing water to an outlying area and then tying in a required annexation. Mr. Cascio wanted the record to reflect any discussions between Mr. Flowers and the City as to why he agreed to annexation of the land in return for the water if he was*not already receiving water from the City. Mr. Cascio talked about the ability of the City to adequately service the people which they are proposing to annex at this time. He submitted Fire Department Memorandum 94-456 regarding annexation of property west of Lawrence Road. Mr. Cascio drew the Commission's attention to*some of the comments that were made by Chairman Gary Lehnertz at the January 10, 1995 Planning and Development Board Meeting regarding this proposed voluntary annexation. He read from a Court Reporter's transcription in which Mr. Lehnertz states he thinks the City's priorities at this time should be on making the boundaries more even. This annexation is creating more uneven damage than already exists and priorities should be placed on annexing some of the enclaves. As far as Mr. Cascio can tell, the purpose of annexing is to make the provision of services to people in unincorporated areas, as well as people in the incorporated areas, more effi- cient. When you start stretching the boundaries out and making them even more uneven than they already are, and leaving existing enclaves, you are defeating the purpose. He asked the City to take a serious look at annexation. He pointed out that Mr. Lehnertz also expressed those concerns. Mr. Cascio would like to make this part of the record that is submitted to the DCA. In closing, Mr. Cascio stated that his clients are concerned about being annexed into a City which does not feel comfortable with giving them the right to vote on that. He believes if the City has enough to offer them in the future in the form of services, which are already being adequately provided by the County, they will have no problem listening. What they do have a problem with is that they are not being listened to. They are being told that because some previous property owner signed an agreement, which is a covenant running with the land according to the City, that they are going to be annexed regardless of what - 17 - 14ZNUTES - CITY CO#t4]:S$~ON NEETZNG BOYNTON BEACH, FLORZDA JANUARY 17, 1995 their will or intents are. He advised that his clients expressed their intent to oppose this all the way until they are given the right to have a say in the matter, whether this be by referendum or through a right of signing the volun- tary petition themselves. Vice Mayor Matson stated that she voted against this before and she intends to vote against it again. She did not know if Mr. Cascio is aware of the fact that the City's Planning and Development Board is no longer a quasi-judicial board. All they are is an advisory board. She was confused as to why Mr. Cascio and his court reporter are present tonight when this is not an ordinance on annexation. The City Commission is merely discussing turning it over to DCA. Mr. Cascio stated that he wants DCA to have these concerns brought to their attention as early as p°ssible, and the only way to do that is to create a record for them. City Attorney Cherof stated that the City will consider the documents requested by Mr. Cascio as public records requests. To the extent they exist, they will be provided. However, they cannot be made part of the record because they were not offered tonight. Mr. Cascio can provide them directly to the DCA with a copy of his transcript of tonight's proceedings. Dr, Carol Warshaw is the former President of Palm Shores at Gables End, part of the Windward PUD. She said she also spoke at the October meeting when the Commission voted, over the protest of several hundred Palm Shores residents, to continue with the annexation process. In the last three months, the community of Palm Shores has sought to understand why the City of Boynton Beach is so ada- mant about annexing them at this time. They would like to know what they would gain by becoming a part of the City. They are not interested in savings on a beach decal, cemetery plot, summer camp, tennis permit, or recreational classes. In addition, the Palm Beach County Library is only five minutes from Palm Shores. The residents of Palm Shores would have to travel 10 to 15 minutes to get to the Boynton Beach Library. Many of the residents would find that a hardship. Dr. Warshaw explained that Palm Shores would lose the Palm Beach County Sheriff's Office Citizens on Patrol Program and police car if annexed into the City. In addition, response time for fire rescue emergencies would not be ade- quate. Dr. Warshaw stated that the Chairman of the Planning and Development Board said that if the City is looking only at the new source of revenue, they must be very careful, for nothing is for free. It will cost the City for new policemen, firemen and equipment, as well as a loss of water and sewer taxes. Dr. Warshaw stated that Palm Shores has an awful lot to lose and nothing to gain. Her community took a vote this past December and 99% of the residents voted no when asked if they wanted to be annexed into the City. She asked the Commission to vote against annexing them. They do not want to become citizens of Boynton Beach and will do what they have to in order to prevent that from happening. - 18 - HINUTE$ - CITY COI41qI$$IOH HEETIHG BOYHTON BEACH, FLORIDA ~ANUARY 17, 1995 NO ONE ELSE WISHED TO SPEAK IN FAVOR OF OR AGAINST THIS PROPOSED ANNEXATION. THEREFORE, MAYOR HARMENING DECLARED THE PUBLIC HEARING CLOSED. Mayor Pro Tem Bradley moved to forward this annexation request to DCA. Commissioner Katz seconded the motion. Vice Mayor Matson said that she would love to have these people as residents of the City. However, she did not want to force annexation upon these people. She hoped they would change their minds in the future. The motion carried 3-1. Vice Mayor Matson cast the dissenting vote. MAYOR HARMENING DECLARED AT RECESS AT 8:10 P. M. HE CALLED THE MEETING BACK TO ORDER AT 8:20 P. M. VII, PUBLIC AUDIENCE Carl #¢Koy, spoke of behalf of Andre St. Juste due to a language barrier. In 1990, Mr. St. Juste repaired a small leak in the roof of his house located at 440 N. E. 14th Avenue in Boynton Beach. The cost of this repair work was $21.80. Mr. St. Juste submitted an application to the City and the permit department signed that application, stating that no permit was needed because the work cost less than $500.00. Mr. St. Juste was not served with any Notice of Violation from the City. However, a Notice was served on Theresa Boise, who was Mr. St. Juste's former wife at the time. Mr. St. Juste was never notified that a lien had been placed on his property until a year later when the City showed up at his residence. Mr. McKoy stated that the Code Enforcement Inspector who was assigned this area claimed that he did not know where Mr. Juste resided. However, he sent Mr. St. Juste a letter twelve days prior to that to his correct address at 925 Greenbriar Drive in Boynton Beach. This letter regarded a rental license for 440 N. E. 14th Avenue. Since Mr. Juste was not served with any Notice of Violation and no permit was needed for the roof repair, it seems to him that it is only right that alt the Code Enforcement charges against him should be looked into. Mr. McKoy was in possession of documents signed by the City stating that a permit was not needed because the work only cost $21.80. He said the house was foreclosed on and the lien is now over $300,000.00. This has caused severe problems for Mr. St. Juste and his family. He asked the Commission to look into this matter as quickly as possible. NO ONE ELSE WISHING TO SPEAK, PUBLIC AUDIENCE WAS CLOSED. - 19 - NINUTES - CITY CONNISSION #EETING BOYNTON BEACH, FLORIDA JANUARY 17, 1995 VIII. DEVELOPNENT PLANS None. IX. NEH BUSINESS Items for discussion requested by Nayor Harmenlng 1. Renewal of membership with South Florida Science Nuseum Mayor Hamening received a renewal notice for the City's contribution to the South Florida Science Museum. He believes the City donated $250.00 last year. Commissioner Katz has a family membership at this museum. He said it was a great museum. He asked if the City receives any benefits from supporting this museum, such as being able to take disadvantaged children to the museum. City Manager Parker referred him to the list in the backup material which shows the benefits the City receives for their membership. Commissioner Katz asked if the City has taken advantage of those benefits this year. City Manager Parker answered negatively. Commissioner Katz suggested the City Manager find out if the City can hold two parties this year, since it did not take advantage of the one last year. Notion Commissioner Katz moved to approve the renewal of the City's membership with the South Florida Science Museum, in the amount of $250.00. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. 2. Establlshmant of a South County Advlsory Board for School Board/Education matters Mayor Harmening referred to the letter, dated January 6, 1995, which he received from Thomas E. Lynch, the Mayor of Delray Beach. In this letter, Mayor Lynch asks if the City of Boynton Beach would be interested in forming a South County Advisory Board for school/education matters with Delray Beach. Mayor Harmening advised that he sent a copy of this letter to all the members of the Education Advisory Board. He asked the Commission's pleasure. Mayor Pro Tem Bradley felt there are advantages to linking up with Delray Beach and Boca Raton. He believes there is always benefit in collaborating. He stated that there may be times when we find ourselves on opposite sides of the fence. However, we can always bow out. Vice Mayor Matson had no objection, as long as we do not get involved with the issue that Delray Beach has taken whereby they want to form their own school board within their City. Commissioner Katz believes this would behoove our City and that we should also work with Boca Raton because there will be strength in numbers. - 20 - MINUTES - CXTY COMMISSION MEETING BOYNTON BEACH, FLORXDA ~ANUARY 17, 1995 In response to Mayor Harmening, Vice Mayor did not think this new board was meant to replace the City's Education Advisory Board. She thinks it is a separate entity. Mayor Pro Tem Bradley pointed out that the composition of the Board has yet to be determined. City Manager Parker will draft a favorable letter to Mayor Lynch. AA. Items for discussion requested by Vice Na~or Natson 1. Planning and Development Board Minutes and Discussion of the City Attorney's Representation Vice Mayor Matson stated that she was extremely incensed when she read the min- utes of the Planning and Development Board meeting. It offended her that one of the Board members, Maurice Rosenstock, stated that he felt the Commission did not read the minutes. She said she takes pride in reading all the minutes and feels it is important to do so. She stated that Mr. Rosenstock also wanted to know why the City Attorney is not represented at those meetings. Vice Mayor Matson pointed out that the Planning and Development Board advises the Commission. The Commission does not advise them. She felt they needed to be made aware of the fact that they are no longer a quasi-judicial board and that they are strictly an advisory board. As such, the City Attorney is not required to be present. Mayor Harmening pointed out that for many years an attorney never represented the Planning and Zoning Board. However, as government became more complex, we have seen fit to have representation to make certain they do not stray. Commissioner Katz stated that he went to the City Clerk's Office to get a draft of the minutes of this particular meeting, which shows how strongly he feels about reading the minutes. He referred to what Mr. Cascio said about Mr. Lehnertz' comments, and stated that those Boards are not pulpits for peoples' opinions. The Planning and Development Board was deciding on land use and zoning and not on whether or not the City should transmit that property to the DCA for annexation. Commissioner Katz felt Mr. Lehnertz' comments were extremely out of order in relation to what was before that Board. Vice Mayor Matson stated that for a very long time, the Planning and Development Board was not political. Unfortunately, it seems to be moving in that directon again and she was upset about it because they are no longer quasi-judicial and there is no need for that Board to be political. Report on the Intergovernmental Challenges Sunelt Vice Mayor Matson reported that she was in Tallahassee at an Intergovernmental Challenges Summit. Twenty-five elected officials in the State, 25 people from the Florida Ass°ciation of Counties, 25 people from the Advisory Council on Intergovernmental Relations, the Florida Legislature, and 25 people comprised of the Governor's Executive Staff and the Cabinet were invited. This was part of - 21 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 17, 1995 her Florida League of Cities work. She left the Challenges Summit Compendium with the City Manager's Office for two weeks for the Commission to read. Vice Mayor Matson advised that Secretary Ben Watts of the Department of Transportation was on her team. The bridge over the Intracoastal was discussed for quite some time. Mr. Watts is expecting some dialogue from her in relation to the bicycle paths along Federal Highway. Vice Mayor Matson stated that we need to capitalize on every networking opportunity we have. She has forged some very important networking opportunities, as has Mayor Pro Tem Bradley when he has been at the Florida League. Vice Mayor Matson has a meeting with the Secretary of State in February. She stated that we do not receive grant monies from the State for municipal library funding. It all goes to the County. Her committee at the League is proposing that we get 10% of that granting source for our City so that we have more money for our libraries. Vice Mayor Matson advised that Linda Shelley, the head of DCA, was part of her group,, and offered cursory review of all of our plans before they go to DCA. Vice Mayor Matson stressed the need to capitalize on networking opportunities. She distributed the 1995 Legislative Policy Statement and Priorities from the League. B, Items for discussion requested by Na~or Pro Tem Bradley 1, Martln Luther Kln9, Jr, Boulevard Mayor Pro Tem Bradley referred to the minutes of the May 1, 1984 City Council meeting. At that meeting, Martin Luther King, Jr. Boulevard was designated from Seacrest Boulevard to Federal Highway. Mayor Pro Tem Bradley advised that he has received requests from a number of citizens to extend Martin Luther King, Jr. Boulevard from 1-95 to the Intracoastal. Elizabeth Jenkins expressed this desire at the last City Commission meeting. Motion Mayor Pro Tem Bradley moved that the Commission extend Martin Luther King, Jr. Boulevard from 1-95 to the Intracoastal. Vice Mayor Matson seconded the motion. Mayor Harmening was willing to run it to 1-95, but he was opposed to it going across the highway. City Manager Parker advised that staff pulled all the names of all the property owners in that area. Staff contacted one property owner that owns about six parcels east of Federal Highway and he had no objection to the name change. Many of the other property owners are out of the City and could not be contacted in the short period of time before this meeting. Vice Mayor Matson felt that we should not arbitrarily extend that street without first apprising the people who live there. Staff is now in the process of con- - 22 - #INUTE$ - CITY C01~I$$ION #EETING BOYNTON BEACH, FLORIDA ~IANUARY 17, 1995 tacting everybody from Federal Highway east. She pointed out that if this passes, any money that is allocated for the improvement of lOth Avenue will run the entire length and not stop at Federal Highway. Mayor Harmening was not in favor of the motion as made. The motion carried 3-1. Mayor Harmening cast the dissenting vote. Discussion and selection of Early Retirement Optlons for the General Employees Pension Plan Mayor Harmening was not in favor of Option A. He pointed out that this will cost the City $634,860.00 over 30 years. He did not think that was much of a bargain, especially if the City hires a new Personnel Director. He was not in favor of Option B either, where the employee takes an actuarially reduced pen- sion. He felt the City will have more and more people retiring earlier and earlier if this option was selected. *Commissioner Katz felt the only fair option is Option A, where the City does not lose in terms of how much it pays out and the employees do not lose in terms of how much they are going to receive. It is a wash. City Manager Parker stated that there are two options. She had recommended Option B during the budget hearings. This would allow employees 52 years or older with 25 years of service to collect their pensions immediately, but to actuarially reduce the amount. Option A was suggested by the General Employees Pension Board. This would allow employees who are 52 years old with 25 years of service to receive their full pensions with no acturarial reduction. City Manager Parker stated that one option needs to be selected and an ordinance pre- pared prior to March. *Mayor Pro Tem Bradley agreed with Commissioner Katz that Option A is not going to cost the City or the employee. He felt it is a benefit in a sense to the employee because the employee is going to get his money before the designated time. He believed it may not be a bad idea to offer early retirement. However, we have to be very careful not to offer it too early. He felt offering early retirement is a way to trim the fat. He was in favor of Option A. In fairness to the employees, City Manager Parker stated that it is not exactly a wash because if the employee had continued working two or three more years: (1) he is losing his salary for those two or three years, and (2) our pension is based-on the average five years. Therefore, if the City were to give any pay increases over the next few years, the value of that pension would be reduced by the amount of pay increases that employee is losing as well. It is a wash only if the employee was planning to retire anyway. Vice Mayor Matson felt that early retirement would eventually eliminate an awful lot of employees who are at the very high end of the pay scale and the City would be able to lower the caps so that it can start downsizing. She stated - 23 - *Should read Option "B", not "C". (See attached excerpt from the February 7, 1995 City Commission Meeting Mintues.) #INUTE$ - CITY CCM4ISSION #EETING BOYNTON BEACH, FLORIDA JAHUARY 17, 1995 that many salaries are inflated and the City can begin to start hiring at lower rates. It sounded good to Mayor Harmening. However, he did not think it will work out that way in practice. Hotlon Commissioner Katz moved to direct the City Attorney to draw up an ordinance *reflecting Option A. Vice Mayor Matson seconded the motion. Mayor Harmening commented that the City lowered the retirement age during his tenure as Chairman of the Police Pension Board. He later learned that this was a big mistake. The motion carried 3-1. Mayor Harmening cast the dissenting vote. D, Establish a committee to assist the Flortda Department of Transportation in the design of the Ocean Avenue Bridge City Manager Parker advised that Commissioner Aguila volunteered to sit on this Committee. Mayor Harmening would like Lauren Keys to sit on this Committee. She is an engineer with Motorola and lives in Coastal Towers. Commissioner Katz advised that the residents of Coastal Towers would like to be represented on this Committee and they suggested Ms. Keys as a regular member and Martha Reynolds as an alternate member. Mayor Pro Tem Bradley suggested Ginny Foot sit on the Committee. He asked for clarification on the composition of the Committee. The backup material states one or two citizens. In a spirit of cooperation, since we are doing this in conjunction with Ocean Ridge, he felt our Committee should mirror their Commit- tee. Therefore, if we have two citizens, they should have two citizens. City Manager Parker stated that the Ocean Ridge Commission has not decided on the composition of their Committee. She and the City Manager of Ocean Ridge made the same suggestions to their Commission. However, the Town of Ocean Ridge Commission is not necessarily in agreement with that. They are still discussing the composition of the Committee. Four of their Commissioners wanted to sit on the Committee. This posed some Sunshine Law situations and they are having a workshop process tomorrow to decide how they want their Committee to be established. City Manager Parker was directed to speak to Bill Mathis and bring this back at the next meeting. - 24 - *Should read Option "B", not "C". (See attached excerpt from the February 7, 1995 City Commission Meeting Mintues.) MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 17, 1995 E. Set date for next Code Revision Meeting in February, 1995 *The next Code Revision Meeting was set for Monday, February 13, 1995, at 6:30 P. M. F. Consider request submitted by Saint Joseph's Episcopal School to hold a IOK Run and 5K Walk on March 25, 1995 This request was reviewed by the Police Department and Recreation and Parks Department. City Manager Parker advised that this is an annual event. Motion Vice Mayor Matson moved to approve the request submitted by Saint Joseph's Episcopal School to hold a 1OK Run and 5K Walk on March 25, 1995. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. X. LEGAL A. Ordinances - 2nd Reading - Public Hearing None. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 095- Re: Land Use Element - Woolbright Professional Center Notion Vice Mayor Matson moved to remove Items X.B.1 and X.B.2 from the agenda. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. 2. Proposed Ordinance No. 095- Re: Rezoning - Woolbright Professional Center See Item X.B.2. C, Resolutions Proposed Resolution No, R95-02 Re: Ratification of agreement between the City of Boynton Beach and the Palm Beach County Police Benevolent Association for police officers and detectives TABLED Motion Vice Mayor Matson moved to remove this item from the table. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. *The next Code Revision Meeting W~et for Thursday, February 16, 1995, at 6:30 P. M. N~NUTE$ - CXTY C01~$$[0N #EET~NG BOYNTON BEACH,, FLOR;DA ~IANUARY 17, 1995 Mayor Harmening asked what we have accomplished in the way of our lawsuit. City Attorney Cherof advised that there has been no settlement of the pension lawsuit. Another proposal to settle the matter came from the Pension Board through their attorney. It is being reviewed by the Attorney for the City. However, he felt it is an acceptable or significant change from their previous position. Therefore, the case continues to pond. It is scheduled for a four week jury docket con~nencing at the end of this month. It is unclear whether it will be reached or not on this go-around. Mayor Harmening asked what would happen if we lose this lawsuit. City Attorney Cherof stated that the worst case scenario would be that the City would be required to fund a previous year of special benefits to the pension, in addi- tion to being required to fund future years which are currently accruing in the $250,000.00 per year range. Mayor Harmening stated that this pension is negotiable also. City Attorney Cherof stated that pensions are a negotiable subject matter, although neither the City nor the Union previously submitted that issue at the bargaining .table. It was Mayor Harmening's opinion that they opened it up when they filed suit. Vice Mayor Matson felt this should be ratified and the pension issue addressed separately. Notion Vice Mayor Matson moved to ratify the PBA contract. seconded the motion. Mayor Pro Tem Bradley Mayor Harmening asked if there are any other changes in the contract that are noteworthy. City Attorney Cherof advised that there is nothing further that has not been previously addressed or brought to the Commission's attention. It is a three year contract and has been ratified by the Union. Mayor Harmening asked how much it will cost the City every year under this pro- posed pension settlement in terms of extra benefits. City Manager Parker advised that this lawsuit does not address that. The settlement contained in this PBA contract before the Commission this evening only addresses the settle- ment of the Step Plan. The City is not settling the pension lawsuit and recom- mends moving forward with a jury trial. The motion carried 4-0. Proposed Resolution No, R95-08 Re: Authorize execution of Mutual Aid Agreement with State Agencies in the event of a catastrophic disaster City Attorney Cherof read Proposed Resolution No. R95-08 by title only. - 26 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 17, 1995 Motion Mayor Pro Tem Bradley moved to approve Proposed Resolution No. R95-08. Commissioner Katz seconded the motion. Commissioner Katz stated that when this was previously discussed, City Attorney Cherof had some reservations about some of the language. He asked if that has been taken care of. City Manager Parker advised that City Attorney Cherof had reservations regarding the Countywide Mutual Aid Agreement, which is still pending and will be coming back to the Commission. In response to Commissioner Katz, City Attorney Cherof had no objections to the language in this Mutual Aid Agreement with State Agencies. The motion carried 3-0. Vice Mayor Matson had left the Chambers. D, Other 1, Code Enforcement Lien Reduction Milan Novotny - 1370 West Industrial Avenue Lis Helleskov is the Manager of West Industrial Associates, which is owned by Milan Novotny. She explained that a lien was placed upon the property owned by West Industrial Associates because one of the tenants failed to obtain an occu- pational license. She explained that the tenant was not aware that he needed a State license in order to obtain a City license. She said he was being pushed by the City, the State, and creditors, and finally threw in the towel and left the City. At this point in the meeting, Vice Mayor Matson returned. Ms. Helleskov felt it was unfair to fine the landlord when the landlord had been cooperative and had been working with the City throughout this whole ordeal. She advised that the only alternative the landlord had was to evict the tenant. However, that would probably have opened the landlord up to a lawsuit because the tenant had put so much money into his business. She asked that the penalty be rescinded. Mayor Pro Tem Bradley asked if this is similar to a situation a landlord would face if a renter violated the Code. Scott Blasie, the Code Enforcement Adminstrator, advised that it is very similar. It is that way pretty much throughout the County and the State of Florida, whether it is residential, rentals, or business rentals. Unfortunately, the land owner becomes the last in the line of defenses. It is very difficult for the City to recoup or bring justice against tenants because tenants come and go. It is incumbent upon the landlord to incorporate clauses in their leases. He believes Ms. Helleskov has those clauses in her leases. However, it takes time and it is not easy to evict people, especially if they are paying the rent. - 27 - H~NUTE$ - CZTY CONNZ$$~ON HEET]NG BOYNTON BEACH, FLOR[DA ~ANUARY 17, 1995 Commissioner Katz asked if the tenant was paying rent. Ms. Helleskov answered affirmatively. Mayor Pro Tem Bradley asked what procedure the landlord goes through to ensure that a tenant has the right certification or license. Ms. Helleskov advised that the lease states that a tenant must obtain an occupational license. However, sometimes many things need to be done and in many cases the City wants the tenant to move in so they can see what kind of equipment he has and what he is doing. Sometimes the tenant has to have an environmental review. Sometimes it takes months for a tenant to comply and get what he needs. It seemed to Mayor Pro Tem Bradley that Ms. Helleskov had grounds to evict the tenant because the lease states that he needs to have an occupational license and he did not. Ms. Helleskov stated that the tenant was trying to obtain an occupational license. Mayor Pro Tem Bradley asked how long that took. Commissioner Katz pointed out that it could take six months to evict someone. Vice Mayor Matson pointed out that the lien has already been reduced. She asked Ms. Helleskov if she would move to evict if the tenant did not keep up the prop- erty. She did not feel the City should carry the burden if a tenant does not uphold his lease. She agreed with Mayor Pro Tem Bradley that there were grounds to evict this tenant. Ms. Helleskov pointed out that the tenant invested thousands of dollars in his business and was trying to comply. In response to Vice Mayor Matson, Mr. Blasie advised that this property was originally cited on February 8, 1994 and it came into compliance on October 7, 1994 by the tenant vacating the premises. Mayor Harmening asked what type of business the tenant was trying to engage in. As far as Mr. Blasie could tell, it was an auto polishing business. Ms. Helleskov added that it was a paint and body shop, and the tenant did detailing. Mayor Harmening asked what kind of improvements the tenant made to the premises. Ms. Helleskov advised that the tenant had to have exhaust fans installed. He had to go through cement ceilings to put in proper ventilation. He also had to have something done to the sewer system for the water that was used for the detailing. Mayor Pro Tem Bradley asked at what point the tenant realized he needed a State license in order to get a City licence. Ms. Helleskov stated that he realized this the day he was going to pick up his occupational license. Mr. Blasie said that was unclear. Typically, our Licensing Department lets people know up front. However, the tenant claimed he was not informed of that. Commissioner Katz felt we are holding the landlord responsible for the indiscre- tions of a former tenant. - 28 - MINUTES - CITY COI4~ISSION MEETING 80YNTON BEACH, FLORIDA JANUARY 17, 1995 Motion Commissioner Katz moved to further reduce the fine to the amount of $250.00. The motion died for lack of a second. Motion Mayor Pro Tem Bradley moved to reduce the lien to $500.00. Vice Mayor Matson seconded the motion, which carried 4-0. b, Helen K, Tullos - 118 N, W, 4th Street Mr. Blasie stated that the Code Enforcement Board voted to reduce this fine to $320.00. He explained that two trellis type structures were erected on two different parts of the house. The Building Department determined that permits were needed for both. Ms. Tullos applied for a variance at one point, but it was denied. Carl Ca$cio, 639 East Ocean Avenue, Suite 407, represented Ms. Tullos. He sub- mitted a brief chronology and some photographs. Mayor Harmening asked why Ms. Tullos did not take'the trellises down when she was first cited. Ms. Tullos said that when she was first cited, she was told that she could take them down or get a permit, so she applied for a permit. She then went for a variance because of her setbacks. Mayor Harmening stated that it would have simplified matters if she had taken the trellises down then applied for the variance. Mr. Cascio stated that the Code Enforcement Board gave Ms. Tullos two options: {1} apply for a permit, or {2) remove the trellises. She applied for the per- mit, expediently. In the interim, she was being shuffled between the Code Enforcement Board and the Building Department. She was trying to comply at all times. The minutes of the October 19, 1994 meeting reflect that there was a mix up between the Building Department and the Planning and Zoning Department. Mr. Cascio contended that his client was diligent and went as far as hiring an architect to try to modify it in order to bring it into compliance. She did everything within her power, other than removing the trellises, which would be an additional cost. When you are trying to reduce the cost you already expended in putting up a trellis, you do not want to have to remove it and then put it back up if the City subsequently grants the variance. Commissioner Katz felt the City sometimes has Codes and Ordinances that are ridiculous. He said this is an obvious attempt on the part of Ms. Tullos to enhance her property and it does not look like a major site plan modification. He felt it was a shame that the City even charges a permit fee to have somebody do this to their home. All they are doing is beautifying their home. He felt it was a shame that Ms. Tullos has to go through such a hassle to do this when~ the City has dumpsters that are sitting in full view of everybody that goes by on 1-95. MIHUTE$ - CITY COMMISSION #EETIHG BOYHTOH BEACH, FLORIDA JANUARY 17, 1995 Vice Mayor Matson said we have properties in some areas that are allowed to deteriorate, lowering the value of neighboring properties, and nobody does anything about it. Here we have somebody who put up a trellis to make her house look nice and we are punishing her for doing so. Motion Commissioner Katz moved to reduce this lien to zero. Vice Mayor Matson seconded the motion. Mayor Pro Tem Bradley will go along with reducing the lien to zero. However, he felt that permits are very important and that as much as there was an effort on Ms. Tullos's part to beautify her property, she needs to follow the rules and regulations when it comes to erecting structures. Otherwise, the structure could end up in her neighbor's bedroom during a hurricane. He pointed out that the Codes are there for a reason. Vice Mayor Matson felt it may be time to revisit that Code. She did not understand why a permit is needed for a trellis. She felt some of our Codes are archaic and outdated. Mayor Pro Tem Bradley felt she had a good point. He stated that we certainly should make the way as easy as possible for people to fix up their homes. The motion carried 4-0. 2. Update on Jaeger Lawsuit City Attorney Cherof referred to the January 12, 1995 letter to the City Manager from John J. Bulfin, Esquire, who represented the City and Lynne Matson in this action. The essence of the letter is that there were two Jaeger lawsuits pending and Mr. Jaeger has taken the dismissal of the older of those two cases, choosing to incorporate the allegations of the older case into the newer case. Mr. Bulfin points out that there is a procedure by which the City can pursue recovery of costs. However, it is unlikely that the attorney's fees could be recovered. Mr. Bulfin will file the appropriate motion to recover the costs unless the Commission directs otherwise. Commissioner Katz asked what the costs are, as opposed to what it would cost to pay the attorney to file for those costs. City Attorney Cherof did not know the exact costs, but they are substantial. He believed a short hearing to recover those costs would be significantly less than what could be recovered. Vice Mayor Matson did not feel we should try to recover the legal fees if it will be expensive to do so. However, she felt we would be breaking our fidu- ciary trust to the taxpayers if we did not seek to recover the costs. Mayor Harmening and Mayor Pro Tem Bradley agreed the City should try to recover the costs. - 30 - MINUTES - CITY COI~ISSION MEETING BOYNTON BEACH, FLORIDA ~ANUARY 17, 1995 3. Seeklng Conmtsslon approval to conmence suit against the Ba3 Club City Attorney Cherof advised that there is a procedure under Florida Statute whereby we can move in Court to have this deemed to be a public nuisance and the maintenance of a nuisance. Recently, there have been over 250 separate calls and numerous fights that required Police Department response at this establish- ment. Mayor Harmening asked if this would be an opportunity to exercise the City's Nuisance Abatement Board. City Attorney Cherof felt the City would do far better by proceeding with this type of action in the appropriate Court pro- ceeding. It would become a case that the State Attorney's Office pursues and it is a much more expeditious process to bring the activities at that establishment to an end. He felt the City would spend more by pursuing it through Nuisance Abatement because he believes somebody might challenge that process. He requested the Commission's authorization to bring an action in his name as the City Attorney on behalf of the City and the State. Motion Vice Mayor Matson moved to authorize City Attorney Cherof to bring such an action in his name as the City Attorney on behalf of the City and the State. Mayor Pro Tem Bradley seconded the motion. Mayor Pro Tem Bradley asked what contact the Police have made with the owners or the landlords and how those discussions have gone. Lt. Donald Thrasher of the Police Department stated that the Police Department has had constant contact with them. However, it has not been effective in light of some of the problems at this particular establishment. City Attorney Cherof stated that this property apparently has a Countywide repu- tation for a location to go to settle your disputes. Vice Mayor Matson stated that the problems of the Bay Club are spilling out throughout the community and she believes we need to do something about this as soon as possible. The motion carried 4-0. II. UNFINISHED BUSINESS A. Code review of truck rentals in the C-2 zoning district City Manager Parker advised that normally the City handles individual occupa- tional license issues administratively. However, the City has had several requests recently from the community for truck rentals in the C-2 and C-3 zoning districts. She asked if the Commission wants to change the current Code to allow truck rental in those zones. - 31 - #INUTE$ - CITY COI~I$$ION #EETIHG BOYNTOH BEACH, FLORIDA ~ANUAR¥ 17, 1995 City Manager Park~ Planning Director Ho~lon ir also advised that in one individual case, the previous issued a conditional use occupational license in error. Since the City is area and the corr' think this was a the C-2 and C-3 zoning districts. in the middle of redeveloping and revitalizing the downtown idors in the City leading to it, Vice Mayor Matson did not ood idea and, therefore, moved not to allow truck rentals in Commissioner Katz seconded the motion. In response to Commissioner Katz as to why this issue is before the Commission, City Manager Parker advised that the error made by the previous Planning Director can be handled administratively. However, when staff has more than one request on a particular issue, staff feels it is important to bring it to the Commission's attention for consideration. Mayor Harmening was not in favor of changing the Code and would like the error made by the previous Planning Director to be corrected as soon as possible. Mayor Pro Tem Bradley stated that from time to time mistakes are made in issuing occupational licenses. He was not sure what can be done about it, other than learning from our mistakes. Mayor Harmening pointed out that people make mis- takes. City Manager Parker added that the City issues thousands of occupational licenses every year. The motion carried 4-0. City Attorney Cherof advised that the error made by the previous Planning Director can be dealt with administratively and is not an issue that can be disposed of by the Commission at this point. Mayor Harmening agreed and stated that it should be dealt with expeditiously. Attorney Cliff Hertz of West Palm Beach was present on behalf of Hare's Automotive Inc. Ken Hare was also present. Mr. Hertz said the situation relating to Mr. Hate's circumstance is not exactly a mistake that was made by staff. In 1992, Mr. Hare was cited for having a truck rental operation. At that point, he went through a Code Enforcement Board process. Mr. Hertz said he has had the opportunity to interview former Commissioner Robert Walshak who said that in March or April of 1993, this issue came before the City Commission. Mr. Hertz said he has not had the opportunity to review the tapes of those meetings. Mr. Walshak's recollection was that it came up under "City Manager's Comment" at the time Mr. Miller was City Manager. After that meeting, an occu- pational license was issued to allow for a small scale truck rental operation on the property. Mr. Cutro, then Director of Planning and Zoning, stated that this was an accessory use to a gas station and as such it would be permitted in this particular zoning district under these circumstances on a small scale. There were some limitations that there could only be one truck parked in the front and no more than four on the property at any time. Mr. Hare proceeded and struc- tured his business in a manner so that his business would be economically viable and proceeded with the truck rental operation. He complied with all of the - 32 - #INUTE$ - CITY COHI4~$$~ON #EET~NG BOYNTON BEACH, FLORIDA ~ANUARY 17, 1995 various restrictions set forth in the occupational license in terms of limita- tion. Mr. Hare has been doing business at this location for 5½ years. He has been a good citizen. He has done everything the City has told him to do. He has been fully cooperative. Now that he structured his business in part around this operation and agreed to pay certain rents because he was receiving addi- tional income from this operation, it is grossly unfair for the City to say they made a mistake and pull the rug out from under him. Mr. Hertz stated that this was not a mere clerical error. There was a lot of thought given to it. There were Code Enforcement Board actions, appearances before the City Commission, and the Planning Director stated in a memorandum that it was an accessory use. He felt Mr. Hare has more rights than a normal person who is issued an occupational license in error because of all of the input by the City into the process under which he received that occupational license. Mr. Hare is currently limited in the operation. He can still repair trucks on the premises. He can have as many repair trucks as he wants on the premises. He understands there is an aesthetic issue relating to Boynton Beach Boulevard and is willing to take whatever measures reasonably deemed necessary by the City to create a buffering for the truck rental operation or alter it in whatever manner is reasonable. Hr. Hare is seeking relief from having the rug pulled out from under him as a result of an interpretation. Mr. Hare should not be punished if the interpretation has changed since his occupational license has been issued. Hr. Hertz asked to be allowed to work with staff to come up with something equitable that does not set a precedent for everybody else in the C-2, but that recognizes the unique facts that relate to Hr. Hare's situation. Vice Mayor Matson asked if Mr. Hertz contacted Commissioner Walshak or if Commissioner Walshak contacted him. Mr. Hertz said he happened to see Commissioner Walshak outside tonight and asked him if he had any recollection of this. If the Commission is going to try to give staff direction on how to expedite this matter, Commissioner Katz would like to see it find some middle ground. He agreed we should not have truck rentals on our main thoroughfare coming into the City. Yet, the City issued this occupational license upon which Mr. Hare has structured his business. He suggested giving Mr. Hare a time certain where that business will no longer be allowed and his occupational license will not be reissued after that, or to allow him to continue in a modified fashion and buffer it, and not allow him to transfer that business to someone else once he leaves. Vice Mayor Matson said cities make mistakes and should not continue these mis- takes in perpetuity. She has a problem with allowing somebody to divest himself because people can claim the City is granting special privilege to that person. She felt the City is setting a precedent by allowing this business to stay. She felt Mr. Cutro went way out of bounds in allowing this conditional use. He did not have the authority and, therefore, it should not have happened. She felt - 33 - HINUTE$ - CITY COI414I$$ION #EETING BOYNTON BEACH, FLORIDA ,.1ANUARY 17, 1995' administration needs to deal with this as expeditiously as possible. Mayor Harmeni ng agreed. Commissioner Katz felt perhaps a precedent has been set since a department head "issued this license in error". He felt that maybe the City should meet Mr. Hare on some central ground and let administration handle it. Mayor Harmening was willing to let Mr. Hare retain his occupational license through the. balance of the year. City Manager Parker advised that the license has not been issued. It has been on hold. She advised that prior to placing this item on the agenda, the City Clerk's Office researched the minutes of the last three years. The tapes of the meetings are available for Mr. Hertz' review. Staff had heard the comment that this matter had been before the City Commission in the past. However, staff could not find any record of that. Mayor Pro Tem Bradley asked what the City Manager suggested, City Manager Parker was not prepared to make a recommendation this evening. City Attorney Cherof stated that several different versions of the facts have been layed out and it is our responsibility to check into the minutes and listen to the tapes if we need to, and sort those facts out before administration responds. Mayor Harmening gave direction for staff to go that route. CITY #ANAGER'$ REPORT City Manager Parker had nothing to report at this time. XIII, OTHER None. XlV, AD~OURNNENT There being no further business to come before the City Commission, the meeting was adjourned at 9:50 P. M. ATTEST: Ci ty~C1 erk R~eco~rd~ ng Secretary (Four Tapes) THE CITY OF BOYNTON BEACH Mayor x~] xC,,_~)~ ~v-,_ Commissioner - 34 - AGENDA JANUARY 17, 1995 III. CONSENT AGENDA D cc: Util, Rec, Fin e m ADVANCED DATA PROCESSING ............................... $ 2,670.64 P.O. 8007. ALS INS & BILL COLLECTION CONTRACT PAY FROM GEN FUND -- 001-221-5-468-00 ASHLAND CHEMICAL COMPANY .............................. $ 7,227.24 P.O. 8059. SODIUM HYDROXIDE PAY FROM W & S REV FUND -- 401-335-5-365-00 AMERICAN STANDARD CONSTRUCTION ..................... $15,603.90 P.O. 8476. PYMT #4, REROOFING 7 FACILITIES ORIGINAL CONTRACT $ 92,736.00 CHANGE ORDERS 0.00 PAYMENTS TO DATE 53,891.45 CONTRACT BALANCE $ 38,844.55 PAY FROM PUB SERV CONST FUND -- 301-721-5-629-28, $14,142.60, 301-721-5-629-31, $270.00, 301-411-5-629-33, $771.30, 301-722-5-629-32, $420.00 B.D. COLE, INC ............................................... $ 3,773.00 REQ AD & D INS POL FD/PD SWORN OFFICERS PAY FROM GEN FUND -- 001-211-5-144-00, $2,144.24, 001-221-5-144-00, $1,628.76 B.L.C. LAWN & MAINTENANCE ................................ $ 2,523.00 P.O. 8073. LAWN & LANDSCAPE MAINTENANCE PAY FROM GEN FUND -- 001-722-5-430-15 BLANCHARD MACHINERY .................................... $1,097.95 P.O. 8707. REPLACE WORN EQUIPMENT PAY FROM GEN FUND -- 001-411-5-642-00 CHEMICAL LIME ............................................. $ 2,021.76 P.O. 7980. LIME FOR SOFTENING PAY FROM W & S REV FUND -- 401-335-5-365-00 CONSTRUCTION HYDRAULICS ................................ $1,187.48 P.O. 8009. REPAIRS/PARTS VEH SERV PAY FROM -- VEH SERV FUND -- 501-193-5-432-00 COMMISSION JAN 17 1994 APPROVAL 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. CONSUMERS' PAINT & BODY, INC ............................ $1,010.00 P.O. 8662. VEHICLE BODY REPAIR PAY FROM -- SELF INS FUND -- 622-195-5-440-03 CONTRACT CONNECTION .................................... $ 4,979.00 STREETSCAPE IMP PLAN ITEMS PAY FROM COMM IMP/CRA FUND -- 621-136-5-631-04 DELL COMPUTER CORPORATION ............................. $1,971.00 P.O. 8632. WORK STATION NETWORK UPGRADE PAY FROM G C REV FUND -- 411-726-5-680-09 DRUG ENFORCEMENT ADMINISTRATION ..................... $1,500.00 PD PLEDGE/COVERS SEM FEE FOR 4 OFFICERS PAY FROM MISC TRUST FUND -- 691-000-1-691-20 EASY PAY TIRE STORES, INC .................................. $1,017.13 P.O. 7997. RESTOCK VEH MERCHANDISE PAY FROM WAREHOUSE FUND -- 502-000-0-410-17 ERNST & YOUNG LP ......................................... $ 45,000.00 AUDIT SERV THROUGH JAN. 6, 1995 PAY FROM VARIOUS FUNDS FLORIDA EAST COAST RAILWAY CO .......................... $1,550.00 PIPELINE CROSSINGS ANNUAL FEE PAY FROM W & S REV FUND -- 401-351-5-470-02, $340.00, 401-333-5-470-02, $1,210.00 FRITZ MASSIE FENCE COMPANY .............................. $1,500.00 P.O. 8497. FENCE FOR CART FACILITY PAY FROM G C REV FUND -- 411-726-5-680-09 GRANADA VALVE & FITTING CO .............................. $ 2,698.86 P.O. 8466. PARTS FOR CL2 & E/W WATER PLANT PAY FROM W & S REV FUND -- 401-336-5-345-00 HARRELL'S FERTILIZER ...................................... $1,338.32 P.O. 8061. CHEMICALS & FERTILIZER PAY FROM -- G C REV FUND -- 411-726-5-366-00 ITRON ............................. ~ .......................... $1,136.76 SYS HARDWARE/SOFTWARE SUPPORT 1/95 - 3/95 PAY FROM W & S REV FUND -- 401-334-5-499-00 COMMISSION JAN 1'i' 1994 APPROVAL 20. 21. 22. 23. 24. 25. 26. 27. JOHNSON-DAVIS, INC ......................................... $1,403.31 COSTA BELLA STORM DRAIN PROJECT FINAL PYMT ORIG CONTRACT CHANGE ORDERS CONTRACT SUM TO DATE PAYMENTS TO DATE CONTRACT BAL $57,200.00 (4,845.00) 52,355.00 52,355.00 $ o.oo PAY FROM PUB SERV TAX CONST-- 301-411-5-630-21 JONES CHEMICALS, INC ...................................... $ 2,453.28 P.O. 8113. SULFURIC ACID PAY FROM W & S REV FUND -- 401-335-5-365-00 JONES CHEMICALS, INC ...................................... $ 5,637.03 P.O. 8549. SODIUM HYDROXIDE SOLUTION PAY FROM W & S REV FUND -- 401-335-5-365-00 JOSIAS & GOREN, P.A ......................................... $ 3,170.00 UNION MATTERS - FEMINELLA ARB, BAYERL ARB, 1993 PD CBA, LONGEVITY ARB/FF ACTION PAY FROM GEN FUND -- 001-141-5-460-18 JOSIAS & GOREN, P.A ......................................... $ 6,250.00 LEG REP/GEN MATTERS PAY FROM GEN FUND -- 001-141-5-461-00 JOSIAS & GOREN, P.A ......................................... $ 6,163.65 COSTS & DISB TO 1/4/95 - ADV JAEGER, MUN POL OFF PENS TRUST FUND VS CITY, ADV SMALL, MROTEK, TRADEWINDS, ST JUSTE, VS CITRUS GLEN, ADV HOME SAV1NGS/NAEEM, FINIZIO - CHARTER AMEND LIT, VS MORISETT, VS MCCLOUD, AHMAD, VS HIGH RIDGE 3000 INC,VS BARNETT, VS DEAN PAY FROM GEN FUND -- 001-141-5-468-00 RIDGE 300 MOTOROLA .................................................. $1,506.00 P.O. 7791. MED EQUIP REPLACEMENT PAY FROM GEN FUND -- 001-000-1-450-20 MOTOROLA .................................................. $1,024.50 P.O. 8628. RESTOCK RADIO BATTERIES PAY FROM GEN FUND -- 001-211-5-323-00 COMMISSION JAN 17 1994 APPROVAL 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. PALM BEACH NEWSPAPERS INC .............................. CLASSIFIED ADS FOR 12/94 PAY FROM GEN FUND -- 001-135-5-475-00 $1,244.40 ROCKLAND CONSTRUCTION COMPANY ...................... $ 21,024.90 P.O. 7163. PYMTS #6 & #7, OCEANFRONT PARK RECONST ORIGINAL CONTRACT $ 289,260.00 CHANGE ORDERS 0.00 PAYMENTS TO DATE 274,797.00 CONTRACT BALANCE $ 14,463.00 PAY FROM REC & MUN BEACH IMPROV FUND -- 303-721-5-640-36 ROLM A. SIEMENS COMPANY ................................. $ 5,023.68 P.O. 8137. COMMUNICATIONS CONTRACT PAY FROM GEN FUND -- 001-197-5-430-21 ROSSI & MALAVASI ENGINEERS, INC .......................... $ 9,389.00 MINER RD-CONGRESS AVE TO LAWRENCE RD PAY FROM -- MISC TRUST FUND -- 691-000-1-473-74 SCRWTD BOARD ...................... ~ ...................... $ 46,215.00 CAPITAL PRO J, SINKING FUND, PYMT//8 PAY FROM UTIL GEN FUND -- 403-000-0-691-22, $43,715.00 PAY FROM UTIL CAP IMP FUND -- 404-000-0-691-20, $2,500.00 SCRWTD BOARD ............................................ $ 221,724.54 DECEMBER USER SERVICE CHARGES PAY FROM W & S REV FUND -- 401-353-5-490-09 SOLID WASTE AUTHORITY .................................. $ 97,946.20 P.O. 8126. DAILY LANDFILL USE PAY FROM SANITATION FUND -- 431-341-5-490-01 SOUTHEASTERN PUMP CORP ................................. $ 4,464.00 P.O. 8679. PUMPS FOR STOCK PAY FROM W & S REV FUND -- 401-352-5-433-03 20/20 INSIGHTS INC ........................................... $1,000.00 PD SGT SENARIO-BASED EXAM PAY FROM GEN FUND -- 001-135-5-395-00 TALL PINES RECYCLING FACILITY ........................... $ 5,988.13 P.O. 8278. TRASH ACCEPTANCE CHARGES PAY FROM SANITATION FUND -- 431-341-5-490-01 COMMISSION dAN 17 1994 APPROVAL 38. 39. 40. 41. 42. TARE LANDSCAPING ........................................ P.O. 8169. LANDSCAPE MAINT THROUGH 1/07/95 PAY FROM GEN FUND -- 001-722-5-430-15 $10,985.00 THOMAS MCCABE ............................................ $1,612.00 PORTFOLIO REIMBURSEMENT PAY FROM MISC TRUST FUND -- 691-000-1-690-10 WALLACE & TIERNAN ........................................ $ 5,930.01 P.O. 7381. LIGHTNING DAMAGE REPAIRS PAY FROM SELF INS FUND -- 622-195-5-440-01 XEROX CORPORATION ....................................... $1,909.84 P.O. 8213. COPIER RENTAL PAY FROM GEN FUND -- 001-194-5-422-00 XEROX CORPORATION ....................................... $ 4,100.00 P.O. 8380. WAREHOUSE STOCK PAY FROM WAREHOUSE FUND -- 502-000-0-410-10 COMM SSION JAN 1 ? ],994 APPROVAL THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT. GRADY W.SWANN, FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER 'COMMiSSiON JAN 1 ? 1994 APPF~JVAL event the C~ has ~uoh ~ perfo~ed, ~he CUS~ will also 2. Any ~in extension made under ~his ~reement s~l City o~ ~oyo~o~ Beach ~or o~r pa~y or paroles to so'connect ~=su~n~-~ the Cod~ o~ the City of ~D~o~ Beach, '3. Title ~o all ~ins, ~en~'~°n~ a~ ocher faoillties '~uh~ules which a~e n~ applicable or ~ ~ay be changed f~ and a~s~gnS. =hat ail watOr tO be ~=aish~, supplied, an~ unde~ ~hl8 ~e~en~ ~s made availablo ~m o sUrpLus. su~lU~ ~e~ no~ ~C at the ~e of CuS~ER*S actual ro~est an~e~ion pu=eu~n~~ Seo~on 171,0~ o~ ~h~ Flor~ ~cuces or 11/21/94 16:18:57 487-64B-37BB-> 487 7342497 487-64B-9387 Page tion is intsn~ea ~0 be ane is hereb~ made b~ t~s :anfle~o~ Agre~en~'~ C~y' S. reaGo~abl~ .~nt~l- 9. The C~ hereby agreeG ~o in~n~fy, d~f~ud =nd h~ld ~a~less the City of ~y~ton Beach, Florida, City C~nU/1, Of~loe~, e~ployees an~ a~en=~ (~h in ~helr in- 10. No priO~ O= proGent ag~eemen=S Or ~epreaen=a~oos s~ll ~N ~T~S ~OF ~he ~a=ti~G berne havO e~cute~ thi~ FOR ZND1-4'ZDUAL(8) NOTORIZATIONt STAT~ O~ ) COUNTY OP ) cu'~come~ HEREBY CERTI~ that o~ this day, before me, aR officer duly ao~owl~g~ents, ~ersona~l~ a~ea~ ~ : ~.- · ~SS my hand apd officia2 a~ 2p the" ~un~y and (~=Y s~l.) ." . :' ~.:.~:. "-,, No~=~ · ~; ~ -..'~. , %;'~,.. '.9/ ',. ',,?;>~'--. ...... - ,.., .j '~' W~TNESSc CITY OF BO%~TON BEACH, pLORIDA STATE OF that on th~s ~ay, before me an off£¢e~ d~ly- BETTY S. ~ORON~ ... ,Cl~y (~) WHITEFEATHER LEGAL · he ~ollowi~9 des=~ibed p~ope;~¥ all b~ng ~ownsh~p 45 $ou~h, Range 42 ~/2 o~ the Southwest Z/4 o~ 'c!~e ~o~th~es~ 1/4, l~ss ~hose o~ State ~oaa 809 (~Z~ta~ ~=a~)~ · ~TH~RwI~h ~e ~e$: 1/2 of the Southeast.I~4 of the NOr=h~st 1/4, less ~e*West 160 fee~ of the No=~ '272-25 ' ~e 8oqtheasc 1/4 o~ ~e No.weSt 1/4_aa~ Of the ~asc .1/2 ot ~e No~hwqst 1/4 of of the Northwest 1~4. way of~e Fea=h~r Bi~. a~ ~escr~b~ 634 ~f Cbs Public Records of pa~Beauh Court=y, Florida, desG~be~ ~n OZf~c~al Re~oF~ ~ook 192, ~e P~lt= Re=ords oE pa~Seach County, FZori~- PALM 8EA~t,i COU#W FLA ,~OflN 8. DUNKI.E CLE,RK CIRCUIT COURT FROM ATTORNEY GENERAL TO 640??36??43 P.13 ANNUAL REPORT OF THE ATTORNEY GENERAL 85-5S Education Finance Program to pay all personnel in accordance with payroll period schedules adopted by the school board and included in the official salary schedule, and to expend funds for salaries in accordance with salary schedules adopted by the board in accordance with the provisions of law and the regulations of the State Board of Education. The school boards are required to provide written contracts with all regular members of the instructional staff. Section 250.23(5Xd), F.S. (1984 Supp.). All such contracts, which are to be in accordance with the salary schedules adopted by the school board, "shall be in writing for definite amounts and for definite terms of service, and shall specify the number of monthly payments to be made," Id. SubseCtion (SXd) further provides that the schooI board "is prohibited from paying any salary to any member of the instructional staff, except when this provision has been obseiwed.' Thus the payment of retroactive compensation, lump sum allowances or other forms of compensation not provided for by law or contract and not earned in regular monthly installments are prohibited by s. 215.425. The statute contains a limited exception to its general prohibition by providing that a district school board when adopting salary schedules for a fiscal year "may apply the schedule for payment of all services rendered subsequent to ,July 1 of that fiscal year." This exception does not apply to the instant si~,uation, and no other exception may be read into the statute. See Williams v. American Surety Company of New York, 99 So.2d 877 (2 D.C.A. Fla., 1958) (where statute sets forth exceptions, no others may be implied to be intended); Dobbs v. Sea Isle Hotel, 56 So.2d 341 (Fla. 1952). And see AGO 75.279, concluding that a contract with instructional personnel providing for a salary increase which was entered.into through collective bargaining subsequent to the beginning of the salary year did not represent a claim for extra compensation prohibited by the statute since the teacher did not perform' the teaching services for an agreed upon salary under a binding contract applicable to the current year, but rather performed those services pursuant to the previous year's salary schedule pending negotiation of new contracts and with the understanding that the new contracts would incorporate the new salary schedule to which such personnel would be entitled for the entire year. In the instant inquiry, however, the teachers had already performed their teaching services and were compensated for such services at an agreed upon wage pursuant to an existing contract for the 1981.1982. school year. Moreover, the teachers did not complete the course work for the masters degree until late in the 1981-1982 fiscal year. To subsequently authorize the payment of the difference in salary between a bachelors degree and a masters degree grants to such teachers extra comper~ation for services already performed at an agreed upon wage pursuant to a contract, The fact that Rule 6A-4.02(I), F.A.C., requires that each certificate shall bear an effective date of July 1 of the school fiscal year for which it is issued is not pertinent to the issue of Whether the payment in' question constitutes a prohibited extra compensation after the contracted service has been rendered as provided in s. 215.425, F.S. ANNUAL REPORT OF THE ATTORNEY GENERAL /-_~ P. 14 s. I71.044, F.S., permit the City of Ormond Beach to voluntarily a parcel of property, one side of which is contiguous to a :viously annexed corridor, but which is other~nlse surrounded unincorporated land? an a runs and Prior Vol conti will n and since, the 982 an not to li~ I with" and unless legislatively or judicially detei-mined otherwise, City of Ormond Beach should not undertake to voluntarily a parcel of property, one side of which is contiguous to a annexed corridor, but which is otherwise surrounded unincorporated land. inquiry and supplemental information provided to this office states that has requested voluntary annexation for a large tract of property, one adjoins a 125-foot wide corridor of unimproved real property which miles west and north from the southwest corner of the city proper was annexed to the city in 1962 by ordinance pursuant to s. 171.04, 1. Although that statute was held unconstitutional in City of Auburndale Packing Association, 171 So.2d 161 (Fla. 1965), the Legislature ~ubsequently 65-563, Laws of Florida, purporting to validate municipal annexations July 1, 1964, as of the date of the annexation, with an exception not to your inquiry. Thus, the 1962 annexation of the corridor involved be considered presumptively valid, and no comment is expressed tary annexation is controlled by s. 171.044, F.S.; ~s. 171.044(1) and ($), a petition to a municipality's governing body for the voluntary of real property in an unincorporated area of a county "which is to a municipality and reasonably compact" and when such annexation result in the creation of enclaves. In light of the provisions of s. 171.044 view of the definitions provided in s. 171.031, F.S, (1984 Supp.), for and "compactness," you question whether the parcel of property to above is subject to voluntary annexation pursuant to s. 171.044, F.S., cept for the adjoining corridor, the property "lies several miles west of limits of the City of Ormond Beach and is surrounded by [Volusia] ands." Cf CounBr of Volusia v. City of Daytona Beach Shores, 356 So.2d C.A. Fla., 1978!{~G0 80-84(although $. 171.04414], F.S., provides that s. not apply to municipalities in counties with charters which provide method of municipal annexation, the Volusia County charter does such matters). 171.051(11), F.S. (1984 Supp,), provides in pertinent part as follows: tiguous" means that a Substantial part of a boundary of the territory to be annexed by a municipality is cvterrninous with airart of the ofthe municipality. ~.. However, nothir~g herein shall be construed Iow local rights,of-way, utility easements, railroad rights.of, way, or to be annexed in a corridor fashion to gain contiguity .... supplied.).~ mable to conclude that s. 171.031(I1), F.Si (1984 Supp.), operates to 'control the disposition of your question, since the facts upon which your s based demonstrate that 'a substantial part of a boundary of the to be annexed" by the City of Orrnond Beach is indeed "conterminous described corridor which must be presumed as validly annexed. to the extent that the statute directs its construction against allowing 15:51 FROM ATTORNEY GENERAL TO 6~1077~6774~ P. 15 ANNUAL REPORT OF THI~ ATTORNBY GENERAL 85-58 such as rights-of-way, or strips of land, "to be annexed in a corridor to gain contiguity" (Emphasis supplied.), the statute appears to speak to annexations and its plain meaning does not seem to apply to the presumptively ~alid annexation in 1962 of the corridor to which your inquiry refers. See ch. Laws of Florida, .amending s. 171.031(11), F.S. (1974 Supp.). Cf ch. 74-190, of Florida. The phrase, "to be," has a futuristic implication. See Equitable Assur. Soc. of United States v. Davis, 137' P.2d 548, 554 (Okla. [943). Cf. ex tel Turner v. Hocker, 18 So. 767, 769 (Fla. 1895) (u~e of phrase, "to be in statutory title contemplates a change, or difference, from preexisting In addition, the rule that a statute is presumed to operate prospectively in the absence of clear legislative intent to the contrary, applies with force where retroactive effect would impair or destroy existing rights. v. Lavazzoli, 434 So.2d 321 (Fla. 1983); Trustees of Tuf~s College v. Triple R. Inc., 275 $o.2d 521 (Fla. 1973). However, in addition to requiring that the property to be annexed be contiguous, 171.044, F.S., in prescribing the procedure for voluntary annexation, requires property to be' annexed be compact and that such annexation not result the creation of enclaves. See s. 171.031(12), F.S. (1984 Supp.), which defines '~compactness" to mean a "concentration of a piece of property in a single area precludes any action 'which would create enclaves, pockets, or finger areas in patterns." This office has previously defined "enclave" as "territory within foreign territory" and "an outlying portion of a country, entirely mostly surrounded by the territory of another country," see AGO 77.18, and as "a tract of territory enclosed within foreign territory," zee AGO 80-84, citing to definitions in both opinions. Cf City of Saginaw v. Board of Supervisor~ of of Saginaw, 134 N.W,2d 378 (Mich. 1965), also citing to such dictionary In AGO 77-18, this office addressed 'a factual sit,ration virtually indistinguishable from your inquiry and concluded that the courts would probably view such voluntary annexation as resulting in the creation of an enclave, and thus prohibited by s. 171.044. In light of the above, it appears that the statutory 0rohibition on the creation of enclaves may prevent the annexation of the parcel in question. See also City of Sunrise v. Broward County, Case No. 84-1715 (4 D.C.A. Fla., July 3, 1985), denying certiorari review to a trial court judgment which invalidated a voluntary annexation ordinance on the basis that such z~nexation resulted in the creation of enclaves of county land surrounded by incorporated land and that the annexation area was not reasonably compact. However, in the !absence of a statutory definition of "enclave" for purposes of ch. 171, F.S., any definitive determination as to whether a particular annexation results in the creation of an "enclave" must come from the courts as a result of case-by-case review.' Notwithstanding the application of the statutory language, I am of the view that, the remaining conclusions of AGO 77-18 are most responsive to your question~'~hat opinion considered whether a parcel of land could be voluntarily annexed into a city if sUCh parcel were contiguousivith the city only by virtue of a side of the parcel meeting one side of a-highway previously annexed into the city. The opinion concluded as follows: A municipality should not undertake to voluntarily annex a parcel of land, pursuant to s. 171.044, F.S. (1976 Supp.), if contiguity of the municipality with the parcel to be annexed exists only through contact with a highway previously annexed by the municipality, or if such annexation would result in creation of an enclave. Use of a "strip" or "corridor," such as a highway~ as a device to gain contiguity is disapproved by a majority of jurisdictions. Contiguity of the annexing municipality with the area to be annexed is required even in the absence of a statute such as s. 171.044, supra, which requires contiguity and compactness of the area to be annexed and which prohibits the creation of enclaves. ] $2 FROM ATTORNEY GENERAL TO 64077~67743 ANNUAL REPORT OF THE ATTORNEY GENERAL MacKinlay v. City of Stuart, 321 So.2d 620 (4 D.C.A. Fla., ].975). C£ AGO concluding that a tract of land that is separate from a municipality ordy county road that runs parallel to the city limits is "contiguous" for purposes of annexation, with AGO's 74-61 and 71.3;[5, distinguishing AGO from the situation presented where a city attempts to annex territory ically separated from it and connected only by a road, since such situation the disfavored'"strip" or "corridor" type of annexation. While it still not appear that there is a Florida appellate decision precisely on point, it appears that a m~ority of jurisdictions continues to disapprove of"strio" or . !, annexations. See cases cited in AGO 77-18; accord Board of County , of Jefferson v. City and County of Denver, 543 P.2d 821 1975); People ex roi, BoWman v. Village of Bensenvflle, 381 N.E.2d 1170 1978); Big SiOux ToWnship v. Streeter, 272 N.W.2d 924 (S.D. 1978). See ge cases collected at 49 A.L.R.3d 689, et seq. . although it appears that the parcel of property proposed for voluntary by the City of Ormond Beach is "contiguous" for purposes of s. F.S., and s. 171.031(11), F.S. (1984 Supp.), the proposed annexation appear to result in the creation of a prohibited enclave within the purview of definition of"compactness'' in s. 171.031(12), F.S. (1984 Supp.). Moreover, I the view that use of the previously annexed corridor as a device for the contiguity requirement would not be viewed favorably by the See AGO 77-18/..Thus, a municipality should not undertake to voluntarily a parcel of property, one side of which is contiguous to a previously but which is otherwise surrounded or enclosed by unincorporated since the obtainment of contiguity by such device is disfavored by the courts contiguity is a requirement even in the absence of a statute ~uch as s. 17 MacKinlay v. city of Stuart, supra,. AGO's 77;18 and 71-$1.5.; 85-59--July 31, 1985 MUNICIPALITIES REQUIREMENT OF CONTRACTOR BONDS Gilbert, City Attorney, City of Port St. Lucie by: Kent L Weissinger, Assistant Attorney General May a municipality, pursuant to an adopted minimum building ode, require that registered and certified contractors post a bond a prerequisite to obtaining a building permit? Unless and until legislatively or judicially determined otherwise, a pursuant to an adopted minimum building code, may uire certified contractors to post a bond as a prerequisite to a building permit, but that such bond requirement may on contractors who are registered with, but not certified . the state. state in your inquiry that the City of Port St. Lucie has adopted the Building Code in' compliance with the provisions of s. 558.73, F.S., and P. 16 ANNUAL REPORT OF THE ATTORNEY GENERAL 87-54 dispose of real and personal property ... to acquire interests in land by means of land exchanges; and to enter into all alternatives to the acquisition of fee interests in land .... "; subsection (7), supra, which gives a land authority the power "[t]o contract for and to accept gifts, grants, loans, or other aid from the United States Government or any person or corporation, including gifts of real property or any interest therein." Further, condemnation proceedings are statutory proceedings allowed and required to be taken in the exercise of the power of eminent domain. Condemnation is not a common-law action and the method by which the power of eminent domain is to be exercised is dependent upon the constitutional or statutory provisions involved. See generally, 29A C.J.S. Eminent Domain s. 209, pp. 931-932 (1965), Marvin v. Housing Authority of Jacksonville, 183 So. 145 (Fla. 1938). Compare, e.g., s. 127.01(a), F.S., delegating the power of eminent domain to counties; s. 166.411, F.S., authorizing municipalities to exercise the power of eminent domain for certain, specified purposes. Therefore, except to the extent that land authorities may enact rules pursuant to Ch. 120, F.S., and hold public hearings as prescribed therein, land authorities possess no quasi-judicial powers to hear or adjudicate matters. Further, in the absence of any specific statutory authorization, a land authority may not condemn property or exercise the power of eminent domain nor does the land authority possess any implied authority to exercise such powers. Finally, I would note that s. 380.0665, F.S. (1986 Supp.), authorizes the executive director of a land authority to employ legal counsel. To advise the Monroe County Land Authority on the legal questions which will inevitably arise in implementing this new legislative scheme, you, as chairperson of the authority, may wish to consider the advisability of retaining counsel for the authority. ~...~zGO 87-54--June 1, 1 MUNICIPALITIES --ANNEXATION VOLUNTARY ANNEXATION OF SINGLE CONDOMINIUM WITHOUT PETITION SIGNED BY ALL OWNERS OF UNITS OF CONDOMINIUM, UNAUTHORIZED. To: Mr. Andrew DeGraffenreidt III, City Attorney, City of Hollywood Prepared by: Kent L. Weissinge r, Assistant Attorney General QUESTION: May a municipality voluntarily annex a land area occupied by a single condominium without a petition signed by all owners of units in the condominium? SUMMARY: A municipality may not voluntarily annex a land area occupied by a single condominium without a determination that a petition therefor bears the signatures of all owners of units in the con- dominium. You specifically ask whether a petition for voluntary annexation signed by a properly authorized officer of the condominium association complies with statutory procedural requirements, You also ask whether the statutory requirements are met by "appropriate proof' that 100% of the unit owners attending the association board meeting voted to authorize the association to submit a petition for voluntary annexation. I assume that no county charter provision for an exclusive method of municipal annexation is applicable. See, s. 171.044(4), F.S. (1986 Supp.). 143 87-55 ANNUAL REPORT OF THE ATTORNEY GENERAL Section 171.044, F.S. (1986 Supp.), provides that the owners of real property in an unincorporated area that is contiguous to a municipality and is reasonably compact may petition the municipality for voluntary annexation. Section 171.044(2), F.S. (1986 Supp.), specifies the following procedure: Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property .... (e.s.) A municipality is not constitutionally or statutorily authorized to vary procedures for annexation specified in general or special law. See, s. 2(c), Art. VIII, State Const. ("[m]unicipal annexation of unincorporated territory ... shall be as provided by general or special law"); s. 171.022(1), F.S. (purpose of Ch. 171, F.S., to provide viable and usable general law standards and procedures for adjusting municipal boundaries). See also, AGO's 81-22 (municipal annexation authorized only in accord with procedures in Ch. 171) and 77-133 (municipality precluded from enacting any annexation procedures contrary to Ch. 171). Section 718.106(1), F.S., provides that "[al condominium parcel created by the declaration is a separate parcel of real property .... "This statutory declaration has the effect of making all owners of units in a condominium owners of separate parcels of real property. Accordingly, a petition to a municipality for voluntary annexation that does not bear the signatures of all owners of units in a condominium would not comply with the procedural requirements of s. 171.044(2), F.S. (1986 Supp.). A petition signed only by an authorized officer or officers of a condominium association or "appropriate proof' that 100% of the condominium's unit owners attending the association board meeting voted to authorize the petition is not, in my opinion, a petition bearing the signatures "of all owners of property in the area proposed to be annexed .... " AGO 87-55--June 4, 1987 MUNICIPALITIES--LICENSES AND LICENSE TAXES--INSURANCE LEVY OF OCCUPATIONAL LICENSE TAX ON INSURANCE COMPANY ENGAGING IN INTERSTATE COMMERCE AND DOING BUSINESS WITHIN MUNICIPALITY WITHOUT PERMANENT BUSINESS LOCATION THEREIN, WHERE LOCAL ACTIVITIES SEPARABLE FROM EXTRA-TERRITORIAL BUSINESS ACTIVITY, AUTHORIZED. To: Mr. Frank B. Gummey, III, City Attorney, City of Daytona Beach Prepared by: Kent L. Weissinger, Assistant Attorney General QUESTION: Is an insurance company which engages in interstate commerce and does business within a municipality but does not maintain a permanent business location within that municipality subject to the municipality's occupational license tax pursuant to s. 205.042(3), F.S.? SUMMARY: An insurance company which engages in interstate commerce and does business within a municipality without maintaining a 144 FIRE DEPARTMENT MEMORANDUM 94 - 456 TO: FROM: DATE: Re: Mike Rumpf Deputy Chief J. Nes~~ August 18, 1994 Annexation of Property West of Lawrence Road The question of our Fire Department's ability to provide necessary EMS and fire suppression services, to those areas under consideration for annexation, is considerably more involved than simply including those areas into our current response charge. Given the nature of the areas under consideration, the age and needs of the EMS population and the types of structures involved (trailer park), the impact on our current department's ability to provide adequate services becomes controversial. Response times become more critical when combating fires in older trailers. Trailers can become fully involved in a matter of minutes. This is particularly true for older trailers which were built under less stringent fire code standards than those currently enforced. The majority of residents in the Royal Manor trailer park are older. They traditionally have more need for EMS services, response times for cardiac arrest, chest pain, shortness of breath, strokes, and seizures become critical. The distances and response times from our Fire Station No. three are in line with similar areas served by that station. A problem becomes apparent when units from that station are unavailable due to other calls. The response times for back-up vehicles becomes unacceptable when these units must respond from either station one or two. Unless additional equipment and personnel are made available, the response times for these back-up units will fall below our standard of care. Delays generated by the necessity to respond with back-up vehicles will have adverse affects on both EMS patients and fire suppression~Until such time as a reliable fully, staffed ALS unit is available for all back-up responses to the proposed annexed areas, I can not endorse the proposed addition of this liability..~ ~ ,.If the city is considering an overall goal of annexing additional properties to include those areas west to Military Trail, and we wish to maintain the current standard of care now offered to all city residents, I would advise the following plan be imPlemented: An additional ALS pumper be purchased to accommodate the immediate needs of supplying EMS and fire suppression coverage for those impending annexation areas. The full time staffing of this unit would require the hiring of three new fire personnel (one per shift). 2. Formulate plans to develop impact fees and/or a bond issue to support the construction of a new fire station to provide coverage to those expansion areas west of Lawrence Road. The addition of this fire station would provide additional coverage to those areas requiring back-up support in all three current fire zones. With our current station locations and resources, any expansion to the west will require a commitment to expand our department. ~ c: Chief Jordan