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Minutes 04-07-87MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, APRIL 7, 1987 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Ralph Marchese, Vice Mayor Ezell Hester, Commissioner Leonard Mann, Commissioner Dee Zibelli, Commissioner Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond Rea, City Attorney ayor Cassandra called the meeting to order at 7:30 P. M. he invocation was given by Rev. Michael Heusel, Son Life ~utheran Church, followed by the Pledge of Allegiance to the ~lag led by Mayor Nick Cassandra AGENDA APPROVAL U F C V ity Manager Cheney added "4. Copy of Proposed Housing lement Contract" under "LEGAL, D, Other". Under "ADMINIS- RATIVE," he added "G. Request for Funds for Emergency epairs to the Pump System of a Fire Pumper" and said a new ompany on Gulfstream Boulevard does repairs. They uaranteed they would take it today or tomorrow and finish t within a week. nder "I. Approval of Bills" on the "CONSENT AGENDA", City anager Cheney added the payment of a bill for Pride Pool lastering in the amount of $12,615. The City will withhold 0% of that because one part is waiting for delivery. Also, nder "I. Approval of Bills", ComMissioner Zibelli wished o remove item 5, payment of professional services to Green, isenberg & Cohen, and item 27, payment of professional ervlces to Siemon, Larsen, Mattlin & Purdy, from the CONSENT AGENDA" and discuss them after "LEGAL, D. Other, 1". ayor Cassandra added "Discussion on Authorized versus nauthorized Absenteeism of Board Members" before "NEW USINESS, A. Appointments to City Boards and Committees". t the end of the "CITY MANAGER'S REPORT", Mayor Cassandra aid he would like to make some requests of the City anager. nder "ANNOUNCEMENTS", Mayor Cassandra added "Award for inance Department" ommissioner Zibelli moved to approve the agenda as corrected. ice Mayor Marchese seconded the motion, and the motion ~rried 5-0. - 1 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 ORGANIZATIONAL MATTERS 1. .Adoption of Robert's Rules of Order Mayor Cassandra informed the Commissioners that the adoption f , ~ o Robert s Rules of Order is normally approved. Two items have been added to it under the rules to be approved, (1) was establishing a roll call voting procedure. He called attention to the rotational order shown under "NEW BUSINESS, ~ppointments to City Boards". (2) was the adoption of a travel policy for the Mayor and City Commissioners. ~n response to Mayor Cassandra's question, Attorney Rea Suggested adopting the Rules one at a time. However, he did not need to read them by title. Commissioner Zibelli wanted the titles read. Resolution No. 87-Q Attorney Rea read Resolution No. 87-Q by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA, ADOPTING THE 1981 EDITION OF ROBERT'S RULES QF ORDER (LIBRARY OF CONGRESS CARD NO. ISBN 673-15471-8) AS OFFICIAL RULES OF ORDER" Commissioner Hes~er.moved to approve Resolution No. seconded by Commissioner Marchese. Motion carried 2. Establishinq Roll Call Voting Procedure 87-Q, 5-0. Resolution No. 87-R Attorney Rea read Resolution No. 87-R by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A ROTATING ROLL CALL PROCEDURE FOR VOTING" Commissioner Hester moved to approve Resolution No. 87-R, seconded by Commissioner Zibelli. Motion carried 5-0. 3. Adoption of Travel Policy for Mayor and City Commissioners  ayor Cassandra stated that wherever the word "Council" pears, it should be changed to "Commissioner". ~ommissioner Hester had problems with travel expenses for ~ommissioners. He did not think they should worry about - 2 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 approval for the Florida League of Cities. Commissioner Hester expressed that every time he attended, the Commissioners never had a chance to stay at the hotel where %he meeting was being held, so there was more taxi fare. He Suggested that reservations be made early enough so that the ommissioners might be able to stay where the meeting is eld. Commissioner Hester informed Mayor Cassandra that he was talking about paragraph 1 of the Travel Policy. Commissioner Hester also had a question about paragraph 3, and expressed that he did not see where it would affect the ote if Commissioners go to meetings. As an afterthought, e stated that sometimes it might affect the vote. Commissioner Zibelli agreed with Commissioner Hester and explained why she felt missing one meeting would not be the worst hardship that ever would occur. Mayor Cassandra clarified that it said they would ask for approval if it was in conflict with a City Commission meet- ing. He thought a City Commission meeting was important. ~here was discussion, and Commissioner Zibelli asked how far in advance they would have to notify the Commission. She agreed with Magor Cassandra that the question was about the Florida League of Cities and they know of the meetings in advance. Mayor Cassandra thought they would know if there would be a conflict and said there would be more than ample time to bring it to the attention of the Commission. If it is inbetween the two Commission meetings, Commissioner Zibelli wondered what the procedure would be. Mayor Cassandra thought they discussed that four months ago when they said a line could be dropped in the mail boxes. Any Commissioner not in agreement would let the person know in time. Commissioner Zibelli agreed with that, but she wanted it specified. Commissioner Hester had no problems with it. City Manager Cheney pointed out that the City does not make rDservations when they first get notice of the meeting and the dates. Reservations are not made until it has gone b~fore the Commission. If they do not get the letter in the m~il the day the notice comes, City Manager Cheney said the Hilton, where the meetings are always held, is full. Mayor Cassandra saw nothing wrong with making the reserva- tions before the notice gets before the Commission. The reservations can always be cancelled. - 3 - INUTES - REGULAR CITY COMMISSION MEETING OYNTON BEACH, FLORIDA APRIL 7, 1987 The Commissioner agreed, and City Manager Cheney was directed ko make the reservations right away. The Commission also ~greed to paragraph 3. ~ommissioner Hester moved to approve the Travel Policy, econded by Commissioner Zibelli. Motion carried 5-0. ANNOUNCEMENTS 1. Proclamations Mayo~ ~ ~ead the following Proclamations: a) National Building Safety Week - April 5 - April 11, 1987 b) National Library Week - April 5 - April 11, 1987 c) Award to Finance Department Mayor Cassandra announced that the Government Finance fficers' Association of the United States and Canada gave he City an award for its distinguished budget presentation. he award is the highest form of recognition in governmental udgeting. Mayor Cassandra explained and said this is the econd year the City has received the award. Grady Swann, inance Director, was not present to receive the award, but here was applause for him and his department. ITY MANAGER'S REPORT Police Department Activity Report - Police Chief Hillery ity Manager Cheney said that every year, the State puts out rime commission figures, and the press writes articles bout the figures. Chief Hillery said the media frequently efers to an increase in the index of Part 1 crimes. Every ear, the Police Department reports to the State of Florida nd the United States Government what crimes take place in he City. hief Hillery displayed figures on boards and said the City ompares itself to the south end of the County and averages ts statistics with Lake Worth, Delray Beach, and Boca aton, as they are all cities with a population of over 5,000. The City had an 8.9% crime rate increase over last ear. The South County had an 8% increase. This year, hief Hillery included West Palm Beach and Riviera Beach. oynton Beach's figures averaged in with the cities he entioned earlier. -- 4 -- ' MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 The crimes taken into consideration in forming the statistics and determining the crime rate are murder, aggravated assault, rape, robbery, burglary, larceny, and auto theft. These are the Part 1 crimes, and Chief Hillery likes to break them into categories of high fear crimes (crimes against people and property) and fear of property crimes. To arrive at a 13.8% increase, Chief Hillery used the following figures: In 1985, the City had 4 murders. In t986, there were 2. There were 19 rapes in 1985 and 12 in 1 986. The City had 138 robberies in 1985, and that esclated to 202. Aggravated assault went from 440 to 487. In 1985, there were 953 burglaries, which was reduced to 879. Chief Hillery said the City had 28 additional high fear crimes to what it had the previous year. The increase in the crime rate was found in larceny, which was an additional 396 over last year, and auto theft, which as an additional 44 over last year. That is what the 13.8% increase was. Chief Hillery said the City's computer allows them to break down the types of larcency. 'here was an additional 96 larcenies from autos, and he ~xplained that this was if someone takes something from nside a car. There were an additional 93 of auto accessories tolen. Bicycles were an additional 24. 14 additional coin ~chines were broken into, and there were 39 larcenies from ~ building. Pickpockets were down by 19. By "pickpocket", lhief Hillery meant a lady leaving a purse in a shopping 'art and someone taking it. He said the "lion's share" of hose occurred at K-Mart and the new mall. "Unfounded" were ~nes they investigated and found did not occur, or they ound what was stolen. hief Hillery stated that the City had a 50% decrease in n.urders and one murder arrest. He explained why the second ~urder was a justifiable homicide. There was an 11% ncrease in aggravated assaults, which Chief Hillery said re domestic or on the street. He elaborated. ~he City was down 37% on rapes, and the arrests were down 29%. Chief Hillery compared the City's statistics with South County cities with a population of over 25,000. The fity had an increase of 46% in robberies and an increase of 7% in arrests. Burglaries in the City were reduced by 8%. ~he City was up 24% in larceny and up 98% in arrests. Chief 5illery said the whole County is having problems with auto thefts. - 5 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 Chief Hillery continued by saying Boynton Beach had 3,867 Part 1 crimes. That included the additional 28 and 440. Of those, they cleared 1,210, giving the City a clearance rate of 31.3. The City cleared at a better rate than the average of all cities with a population of over 25,000, which was 19%. · man in the audience asked what "clearance rate" meant. ~hief Hillery replied that it means if you have 100 crimes, nd you clear 50 of them, you would have a 50% clearance ate. A clearance rate is either cleared by arrest or here the perpetrator is known and cannot be arrested, i.e., s is dead or his victim refuses to prosecute. There is a usry stringent criteria to be met in clearing cases. hief Hillery presented a zone map of the City, which showed zones. Zone 8 is the mall. Chief Hillery said they break Dwn the violent crimes, which are robbery, rape, murder, ssault, and assault and battery. 22% of the violent crimes Ook place in Zone 1. 15% of the property crimes took place ~ Zone 1. "Documented Drug Activity" meant the Police ~partment initiated and made arrests. 16% of the drug elated arrests were in Zone 1. his year, the Boynton Beach Police Department was the most ssaulted. Chief Hillery showed the correlation between iolent crimes, drug activity, and assaults on Police fficers. The Police Department is in Zone 4. If they rrest a person, bring him into headquarters, and find drugs hen they search him, the Police Department's address gets sed. Also, assaults on Officers take place at headquarters. ext year, Chief Hillery said they will be able to make that better figure by determining where the assaults, etc. ~long. Chief Hillery said crimes against property are everywhere. Violent crimes and drug activities are in certain locations. Chief Hillery elaborated. City Manager Cheney pointed out that this showed that the rlecord keeping system the City has guarantees that the City ~hows the information in great detail. B. Submission of six month department activity reportsl · qomparison of goals and accomplishments When the City put its budget together, and the Commission approved it,.the goals were indicated. The report showed - 6 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 goals established last June for the year beginning September through October. They tried it for six months, and the report indicated where the City has gone, etc. City Manager Cheney said it was a check point. At the next meeting (April 21), the Commission will be given a six month report On the budget. Mayor Cassandra had raised a question of concern that the ~ommissioners should address or direct the City Manager to ~ddress. The Personnel and Purchasing Departments did not quite meet objectives, but Mayor Cassandra said they know why. Because of the physical constraint of their little building, they cannot hire anybody. In the budget, the Council, based on the City Manager's recommendation, did not authorize anyone to be hired because of lack of space. Mayor Cassandra wondered if the Commissioners felt that City Manager Cheney, in his six month report, could find some money to increase the labor force in either Purchasing or ~ersonnel. He also wondered if there was space in Pineland Plaza to put new personnel. In putting the report together, City Manager Cheney added that Bill Sullivan, Director of Personnel and Purchasing, pushed to add a lengthy memorandum indicating that he has ~bne something this year, but he was not allowed to put it in. He thought Mr. Sullivan would be pleased that the Commission looked at this and that it was clear what the p~oblem is. City Manager Cheney continued that it is one of {he places where the City processes a lot of people and does a_lot of buying. He expounded and said he will look at Pineland Plaza to see if there is space. Mayor Cassandra asked him to also see if the monies are there. He felt the problem should be addressed. C. Report on pending projects and activities B h b c a ecause it was a new Commission, City Manager Cheney thought should briefly go through some of the things that would before them in the coming months. The Sign Code will be oming before them for review, possible adoption, and an mendment. New Building Construction and Awarding of Contract The whole issue with the new building construction and ~1 r ' aiwa ding of ~a contract will also come before the Commission. The current date for beginning the next step of construction ii~ August 1. The City will start to lease Pineland Plaza on - 7 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 June 15th, which will give the City a chance to begin to move things in. The City will be moving in during July. The new telephone system will go on line on August 1. In the new t~lephone system, City Manager Cheney said there will be a fair amount of direct dialing to avoid going through the switchboard as we do now. Interviewinq of Consultants The Commission will have to review and consider the whole issue of the multi-purpose building, its site, etc. The City will be presenting two proposed architectural firms with relating consultants, and he suggested that the two interviews be scheduled for April 29th. City Manager Cheney proposed 1½ hours be set aside for each consultant. He thought they would find complexity in the site. qapital Improvements Program At the next Commission meeting, City Manager Cheney said he would be presenting a five year capital improvements program in a document they have never done in a coordinated way before. Over a period of time, the Commission will review this and see where the City is going. Budget Public Hearings - July 22 to July 24 Budget public hearings will be on July 22 to July 24. Public Service Counter In the next few weeks, the City will be going over with the Commission the whole concept of the public service counter, which will change in a significant way the way the City inter- f~ces with citizens who come into the City to pay bills, get s~rvices, etc. Comprehensive Plan T E I M t he Comprehensive Plan is getting started with the Housing lement. City Manager Cheney said those key things will be ~ming to the Commission over the next 15 months. Community Development Application f the Community Development application is approved, City mnager Cheney said the City will have some interesting hings to think about relative to the request of $400,000 - 8 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 for a housing program different than what the City did before. He suggested that the next meeting of the City Commission and the CRA take place on April 16th, but Commissioner Zibelli informed him that the Sewer Board's meeting will be at 7:00 P. M. on that date. Additional Park Projects In the next six or eight months, City Manager Cheney said they will have to spend time thinking about the programming and expenditures for the additional park projects they thought about, particularly the 20 acre parcel in the north end, in addition to the Rolling Green School, etc. City Manager Cheney thought it was interesting to note from the charts Police Chief Hillery showed tonight that Zones 1 and 3 have the biggest problems. Zone 3 is generally between B~ynton Beach Boulevard and the Boynton Canal. The City is c~ntinuing to work on this. Zone 1 is Commissioner Zibelli's a~ea from the Boynton Beach Canal north. City Manager Cheney thought they would have a great opportunity to do something on the 20 acres that will relate to these problems. Field Trip, May 2, 1987 at 8:00 A. M. City Manager Cheney also suggested that the City Commission t~ke a field trip in ?ne of the City's large vans on Saturday, May 2, at 8.00 A. M., invite the press, and visit p~aces in the City for four, five, or six hours, so they can see and talk about places together. School Site on Lawrence Road City Manager Cheney announced that the School Board is buy- ing a new school site on the east side of Lawrence Road, just north of the L-21 Canal, and somewhat south of the C~ty's lift station. The school is still some time away, as it is caught up in the bond issue business. Dick Kurtz, who works with the School Board, wanted to make sure the City knew about this. Seacrest Reconstruction Project Some of the piping in the water system that is going into the Seacrest project was discovered to have a manufacturing error in it. City Manager Cheney advised that it was put in and now has to be taken out. American Pipe Company admitted - 9 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 they had a batch of pipe which was not right, and they are resolving the problem and bearing the expense. Homes that were hooked up to the new system will have to be unhooked, etc. It may mean a delay of two or three weeks in the total project, but it will not be a significant one. There may be an inconvenience to people who have to have their Service reconnected. City Manager Cheney told Mayor C~ssandra the Contractor will continue to notify the people, as he has all along, when he makes changes. City Manager Cheney said the City has been testing the pipes to be sure there is no health problem. Some houses may get some black water, but it is not a health problem. Plaque for City's Assistance to Eaglettes Mayor Cassandra announced that the School Board has invited h~m to accept a plaque on April 15th at 7:00 P. M., at the S~hool Board on Belvedere Road for the City's assistance to the Eaglettes. He wondered if the Commissioners would like for him to make a "pitch" for a high school in Boynton Beach. Mayor Cassandra questioned whether the City had land to build a new school or if they should go after Santalucesl He expounded. T n c a a c E e he Commission gave their permission. Mayor Cassandra ~eded information, such as the City's assistance to the 9operative program with the Middle School, Rolling Green, nd Forest Hill. City Manager Cheney suggested he might lso take that time to thank the School Board for their 9ntinuing consideration in turning the Boynton Beach lementary School property over to the City, and he Kplained. Robert's Rules of Order Books Mayor Cassandra asked that the City buy books for the new C~mmissioners. Commissioner Zibelli never received one. Orientation Meeting M~yor Cassandra wanted a date set for the Mayor and CQ~mission to meet with the new and old Boar~d Members so they will have some information as to what they can and c~nnot do. He also wanted the Sunshine Law explained by the City Attorney Last year, they did not have one City M ' ' ~nager Cheney suggested Thursday, April 30, 1987 at - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 7:30 P. M. If there are any old timers on the Board, City Manager Cheney said they should also come, and he explained. Building 11 or 12, Village Royale on the Green Mayor Cassandra announced that the shrubbery at one of these buildings has become dead, and he wondered if they could not start doing something in that area that would be in conjunc- tion with the program they will be doing there. Mayor Cassandra was also concerned about having more lights in that area. City Manager Cheney and he examined the area at 10:30 P. M. to see-if there was enough light. Mayor Cassandra informed Commissioner Zibelli it is on N. E. 26th kvenue, where the school fence is, just east of the synagOgue. ~ayor Cassandra said George Hunt, Assistant City Manager, h~s "touched base" with the gentleman who had called him, ahd MaYor Cassandra told the gentleman he would make his concern a part of the minutes. Traffic Jam on 15th and U. S. 1 Commissioner Hester said this has been brought to his a~tention quite a bit. Police Chief Hillery advised that the City still has a Policeman there during the rush hour. Now that the construction has started, they will continue to k~ep him there. City Manager Cheney added that the City also has a request in for the County to study the traffic signals at that intersection. Commissioner Zibelli said she suggested to City Manager Cheney a month ago that the City send a letter to Mr. Walker, County Traffic Engineer. Report on Codes Enforcement T ommissioner Zibelli did a work day on Saturday in the north nd with Codes Enforcement, and she will give a report on his at the next meeting. he report of the City Manager was accepted as presented. UBLIC AUDIENCE ayor Cassandra announced that those people wishing to speak n an item not on the agenda could do so now. If they did ngt fill out a form, he stated they would be alloWed to s~eak after the people that did fill out a form. If they w~nted to speak on an item that was on the agenda, other - 11 - MINUTES -REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 than first reading of an Ordinance, they should fill out one df the forms in the back of the room, and they would be Called when that item comes up. If there is an item that is  n the Consent Agenda that they want to discuss, they have o ask the Commission to pull that item out of the Agenda. Drainage Michele Costantino, 155 Flamingo Drive, Chairperson for the ~orth Boynton Community Improvement Association and Rolling Green Ridge Crime Watch and Citizens' Patrol, said she has been getting phone calls on the status of the model block. She was asking for the starting date and a rough idea of the completion date of the swale drainage project. When Mrs. Costantino spoke to Tom Clark, City Engineer, back in January, he said the paperwork should be before the Commission soon, and the project should be ready to start in April. She asked what the status of it was and what she should tell the people at their next meeting. Mayor Cassandra asked that she continue with the other subjects she wished to bring up, and they would try to answer all of her questions at one time. Trash Schedule rs. Costantino said they need to know if the City has any rash schedule, especially for those who live on the model lock. When they called the Sanitation Department, they ould not get any information. Mrs. Costantino thought some- ne should make a policy decision so she would not have to other her Commissioner at work to tell her trash sat in the treet for three weeks. She thanked Commissioner Zibelli for having the trash picked up but said it did not solve the problem. Gun Shots in Neighborhood M P D C t S t rs. Costantino asked how many of the Commissioners could ositively admit that they hear random gun shots in their eighborhoods on a regular basis, or know somebody that has scently had their house shot at. She knew Commissioners ester and Zibelli had. uring the campaign, Mrs. Costantino knew several of the ommissioners were concerned about crime, and she thought hey should start talking about how to solve the problem. he thanked Police Chief Hillery and the men and women of ~e Police Department, who are committed to do the best job - 12 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 possible. The Commissioners could see from Chief Hillery's presentation that her Zone and Zone 3 are the biggest problems. rs. Costantino thought the City needed more Police Officers. he stated that she would like to know, when a citizen calls in need of a Police Officer, that the Police will be there ithin minutes. Mrs. Costantino asked the Commission to Keep this request in their thoughts because the final deci- sion of the efficiency of the Police Department and the pro- ~ection of each citizen depended on them. Answers to Mrs. Costantino's Questions Swales and Drainage ity Manager Cheney did not have an answer tonight, but said e would have an answer at the next Commission meeting. That  as one of the many projects they had addressed in the over- 11 capital improvements program. Trash City Manager Cheney was not aware that Commissioner Zibelli had been involved in the trash pickup, nor was he aware that the City has had trash sitting around for three weeks. He could not give an answer until he could look into it. C h ity Manager Cheney informed Mrs. Costantino that the whole hing is a problem. The City tries to make appointments for arge amounts of collections. They pick up trash twice a eek throughout the City if it is put in small bundles in a ontainer. In general, the City is getting around both ends f the City every week or 1½ weeks. That schedule obviously lips from time to time when they have an unusually large mount of trash. He hoped it was never three weeks, but aid it is possible that it happens. ity Manager Cheney stressed that complaints should go to is office, and his office will respond. That is the only ay he can keep track of complaints. Mayor Cassandra thought Mrs. Costantino was also concerned that_now, because of where the City has to deliver trash, such as trees, etc., the City might not pick it up without a charge, city Manager Cheney replied that so far, the fact that the City has had to take trash to Dyer landfill has n~t presented the tremendous delay problem they thought it - 13 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 would present. At some point, if that becomes a problem, he City may have to do something about changing the charge or trash, but they do not want to. City Manager Cheney ~laborated and then confirmed Mayor Cassandra's statement that he would have information at the next meeting. Police In the last two or three year budget, Mayor Cassandra asked ~ow much the City has increased its Police force. City Manager Cheney guessed that they increase on an average of 0persons a year. Seven or eight are Patrolmen The City eeps track of response time, and Police Chief Hillery can ull out a report by the next meeting of the average response ime in that zone. One problem with response time is the ime that people see or think something has happened, the ime they get on the phone, and the time the Police get here. When the City gives a report on response time, it is rom the time the phone call came in and the Police get here. He thought the City needed to put out that informa- ion so Mrs. Costantino could give the people the facts. hen the City will respond from there as to what they can do bout it. Mrs. Costantino thought now, the response problem is that they see the construction and the tie up at the two exits for the railroad. She sat for 22 minutes, waiting for a train bo pass. City Manager Cheney stated that chances are that the trains are not holding up the Police cars because Police cars are already in the area. Loud Noises in Neighborhood Coming From 150 Miner Road Odie Williams, 10.1 Miner Road, had a copy of the Code which said there should be no loud noises between the hours of 6:00 P. M. and 8:00 A. M. She also had an updated copy that changed the time, which she said was not in the best interests of her neighborhood. Ms. Williams questioned why the Code was changed and said she should be able to sleep any time she wants to. At 150 Miner Road, someone was drunk, and Ms. Williams said i~ was terrible, unbearable, and deafening. Ever since these p~ople moved in, the neighborhood cannot sleep, and when ~ople call her on the telephone, she cannot hear them. M~yor Cassandra asked if this was every night. Ms. Williams answered affirmatively. The only night she did not hear it - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 was last night. Ms. Williams informed Mayor Cassandra that the Police have been called four times. They came, but ther~ have been no results. When the parents of the children .are out, they make all of the noises. Ms. Williams said she cannot tolerate it. Commissioner Zibelli agreed with Ms. Williams because she hears the noise from her house, which is two blocks away. The next time the noise occurs, City Manager Cheney said Ms. Williams should call the Police Department so they can get there and know what is going on. He said he will get copies of the reports, and talk to the Police Chief tomorrow. Mayor Cassandra said the City will see what it can do about the problem. Light on Congress Avenue and 22nd Avenue HDnrietta Solomon, 230 N. E. 26th Avenue, went to the Community Relations Board many months ago about this problem but has had no response, so she was coming to the Commission f~r help. Prior to the light being put up, Mrs. Solomon s~id two people from her development were killed, so they got the light. However, no left turn signals were put in. ~otorola is on one corner, and across from Motorola a shopping center is being built. Across from that is Mahogany B~y ~here it looked to Mrs. Solomon like there would be about 2,000 units. Across from that a hotel, Marshall's, and whatever are going up. On a corner like that, Mrs. Solomon said you must have a left turn signal, and she explained why she felt it was needed now. Mrs. Solomon thought the City should use its influence to get the turn signal as soon as possible. Commissioner Zibelli advised that she discussed this with City Manager Cheney, and a study is going on about the~left t~rn signal. City Manager Cheney did not recall what the latest word from the County was on that, but he will look it up. Even though Mrs. Solomon wants the City to use its influence, that is the intersection of two County roads. City Manager Cheney wished the citizens of the City would l~t the County Commissioners know about County related problems, and he expounded. M~yor Cassandra recalled that when Seacrest was being w~dened, the City went on record with Resolutions in support o~ five lanes. He saw nothing wrong with the City having a Resolution saying they have a need for a left turn signal. - 15 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 Mayor Cassandra also agreed with pressure to the County Commissioners from the citizens. Mrs. Solomon said her County Commissioner would get a call tomorrow. Mayor Cassandra announced that anyone who had not filled out a form could speak now. Expunging of Police Records Wilda Searcy, 402 N. E. 13th Avenue, appeared with one of ~he two men that were fishing in the canal on March 15th. ~he informed the Commission that the men went to Court on pril 1, and the case was dismissed. Mrs. Searcy asked to get relief from their fingerprints, etc., from the Police Department, so it will not go against their record. Fishing in Canal C-16 Mrs. searcy went to County Commissioner Wilken's office and hoped somehow that some piers would be made so people can ish on the canal. The Drainage Commissioner has been there nd was there today, and he will write a letter to her. The railroad will offer some land. Lot Mrs. Searcy asked if she could talk to City Manager Cheney about the lot she is interested in. City Manager Cheney aid the lot will be put up for a sealed bid, be advertised n the paper, and she will be given a notice so she can make proposal. A date has not yet been set. 1-95 Interchange ~irs. Searcy said people were there tonight, wanting to know sbout the Interchange. She went to the meetings and saw ~'ice Mayor Marchese and Commissioner Zibelli there. Mrs. ~earcy said they talked about water backing up, which is a £ity problem at this time. £ity Manager Cheney responded that the meeting was held by the State and the Consultants to outline what the inter- change might look like and to get comments from the public and neighbors within 300 feet of the interchange as to what they think about the interchange, which design they think is kest, or is no interchange best. People came in all day long, so the Department of Transportation and Consultants did get information and comments, which they will digest and see what they can do about it. - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 ventually, City Manager Cheney said there will be a public resentation an~ public hearing. At the moment, the two roposed designs do not call for acquiring any property. If ~o property i~ being acquired, the current Federal.procedures for land acquisitio~ means no money will be paid because the black toP may Come near a person's house, but if the State is not buying any land, they are not going to pay any money to anybody if the road is within the existing right-of-way. When they study it further and decide they are going to take some land, then City Manager Cheney said they will get into the issue of paying for damages, and he explained. Drainage City Manager Cheney informed Mrs. Searcy that he had written to the City Engineer about the two streets, and the City is looking at that. Answer re Expunging of Police Records Police Chief Hillery reported that Mrs. Searcy came by Police Headquarters during the week and addressed the ques- tion of the gentlemens' records being expunged. She was i~formed that only the Court can expunge or order an expunge. If the Court issues such an Order, the Police Department is bound, by law, to comply with it. Response to Above Question by Mrs. Henrietta Solomon C A C S arbara Kruger, 2553 S. W. 10th Court, Chairwoman of the ommunity Relations Board, said Mrs. Solomon brought her roblem to the CRB months ago, and it has been on their genda every month. City Manager Cheney's office sent Mrs. oloman a letter telling her the CRB had not forgotten her. ne of the CRB Members was contacting the County regarding he intersection's traffic light, but they were not getting nywhere. ity Manager Cheney's office was contacting the County on a onthly basis, and Mrs. Kruger had reminded George Hunt, ssistant City Manager, to find out what was what. Mrs. ruger advised that there is a terrific road problem in the ounty. They did a study on the intersection before the eacrest construction began. The Seacrest construction will make a difference, so it will have to be restudied after this - 17 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 construction. In the meantime, the City is way down on the list because there are a lot of high priority items. Mrs. K~uger wanted to clarify that this situation had not been ignored. Method of Choosing Vice Mayor M~rgaret Newton, 701 N. W. 4th Street, attended the Special Commission Meeting, and the present Members swore to uphold their duties as an elected official. However, she was d~smayed at the method they used in choosing the Vice Mayor and a~ked the Commission to strongly consider this method when changing the Charter. Mrs. Newton did not believe the Vice Mayorship should be one of popularity or a person chosen on the basis of who knows who. She wanted to see definite requirements set up, so that everyone has a chance, be it length of service, or maybe if the Mayor lives in one section of town, the Vice M~yor could be chosen from another section of town. The Vice Mayor should be chosen fairly, and Mrs. Newton did not believe the Vice Mayor was chosen fairly that evening. As a private citizen, Mrs. Newton reminded the Commission that Florida has Government in the Sunshine, and there is a reason that was set up. The City never wants to give peopIe the impression that things are being done improperly concern- i~g Boynton Beach. Mrs. Newton believes everyone is a part of government, and that the Commissioners should not only include special interests in the things that concern them, but they should cQnsider all of the citizens as part of Boynton Beach. She l~arned in school that everyone is created equal, but some- times she feels in Boynton Beach that some people are created a little more equally than others are. Mrs. Newton asked if the Commisisoners could not consider a way that they might amend the Charter. Mayor Cassandra thought it was an excellent idea, and he extended an invitation to Mrs. Newton to attend the workshop meeting when the Charter is amended. A~ no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. - 18 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 CONSENT AGENDA A. Minutes 1. Regular City Council Meeting Minutes of March 17, 1987 (Deleted at March 26, 1987 Meeting) 2. Special City Council Meeting Minutes of March 26, 1987 B. Bids - Recommend Approval - All expenditUres are approved in the 1986-87 Adopted Budget 1. One (1) new 1987 Aluminum Step Van - Public Works - Sign Maintenance The Tabulation Committee recommended awarding the bid to Steve Moore Chevrolet, Lake Worth, Florida, in the amount of $20,398. 2. One (1) Asplundh Brush Chipper (Replacement), Trailer Mounted - Parks Department The Tabulation Committee recommended awarding the bid to GOld Coast Equipment, West Palm Beach, Florida, in the amount of $11,830. 3. Plugging & Abandonment for Wells 94 and 95 located at Public Works area - Utilitites The Tabulation Committee recommends awarding the bid to Meridith ~orporation, Orlando, Florida, in the amount of $9,512. 4. ~pproval of golf cart replacement proposal City Manager Cheney, by memo dated April 7, felt Joe Sciortino's memorandum of March 30, 1987, recommending that the City-trade in the 30 Club Car DS Gas Golf Cars it presently owns and purchase 30 new Club Car DS Electric Golf Cars, was complete and clear. 5. One (1) MSA self-contained pressure demand breathing apparatus with 1 hour composite cylinders Two (2) MSA self-contained pressure demand breathing apparatus with 1 30 minute composite cylinder The Tabulation Committee recommended awarding the bid to Triangle Emergency, Miami, Florida, in the amount of ~$14,125. - 19 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 6. Nine (9) overhead steel doors - Fire Department The Tabulation Committee recommended awarding the bid to Crawford Garage Doors of Palm Beaches, Inc., Lake Park, Florida, in the amount of $10,204. C. Resolutions 1. Proposed Resolution No. 87-S Re: Designating author- ized individuals to prepare, sign and countersign checks, vouchers and withdrawal slips drawn on City ~epositories "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING AUTHORIZED INDIVIDUALS TO PREPARE, SIGN AND COUNTERSIGN CHECKS, VOUCHERS AND WITHDRAWAL SLIPS DRAWN ON CITY DEPOSITORIES" 2. Proposed Resolution' No. 87-T Re: Amending the 1986/87 Pay Plan and adopting certain job descriptions - Communications Division A/RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH,R FLORIDA, AMENDING THE 1986/87 PAY PLAN AND ADOPTING CERTAIN JOB DESCRIPTIONS" 3. Proposed Resolution No. 87-U Re: Vacating & Abandoning a portion of High Ridge Road extending south from N.W. 22nd Avenue - Quantum Park - Approved in Development Plan "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF HIGH RIDGE ROAD EXTENDING SOUTH FROM N. W. 22ND AVENUE TO THE BOYNTON CANAL WITHIN THE QUANTUM PARK OF COMMERCE PID LQCATED ON THE WEST SIDE OF INTERSTATE 95, BETWEEN MINER RQAD EXTENDED AND THE BOYNTON CANAl, SAID PROPERTY BEING MQRE PARTICULARLY DESCRIBED HEREIN, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID PUBLIC STREET; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBliC RECORDS OF PALM BEACH COUNTY, FLORIDA; PRO- VIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 4. Proposed Resolution No. 87-V Re: Vacating & Abandon- ing a portion of High Ridge Road extending north from N. W. 22nd Avenue - Quantum Park - Approved in Development Plan "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON B~ACH, FLORIDA, VACATING AND ABANDONING A PORTION OF HIGH RIDGE ROAD EXTENDING NORTH FROM N. W. 22ND AVENUE TO THE NORTHERN PROPERTY BOUNDARY OF THE QUANTUM PARK OF COMMERCE PID LOCATED ON THE WEST SIDE OF INTERSTATE 95, BETWEEN MINER ROAD EXTENDED AND THE BOYNTON CANAL, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID PUBLIC STREET; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVID- ING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" D. Development Plans 1. Approval for amended Ecological Plan for Quantum Park CBrmen S. Annunziato, Planning Director, by memo dated March 24, recommended that the Council approve the amended plan, consistent with the Development Order. The amended plan incorporates the comments made by staff and the Treasure Coast Regional Planning Council. E. Approve request for zoning approval for AlcohOlic Beverage License 1. Ruby Tuesday (Morrison, Inc.) 801 N. Congress Avenue Boynton Beach, FL 33435 Bert Keehr, Deputy Building Official, in his memo of March 30, wrote that zoning at the above address permits the sale of beer, wine, and liquor for consumption on the premises in conjunction with a duly licensed restaurant with seating capacity for 150 patrons. 2. TAK Associates Inc. TAK Texaco 302 W. Boynton Beach Blvd. Boynton Beach, FL 33435 Mr. Keehr, by memo dated March 23, 1987, wrote that zoning ap the above address permits the sale of beer and wine for off premise consumption. - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 F. Construction Trailers 1. Consider request submitted by Mr. Mark Schroeder, Construction Expeditor of Davis Brothers Construction Company, for approval to place a temporary construction trailer on site in conjunction with construction of Boynton Lake Villas The Building Department recommended approval. will remain for the duration of the project. The trailer 2. Consider request submitted by Mr. John Dycus, Superintendent of Suncrete, for approval to place one construction trailer on site to be located at Catalina Centre Shopping Center located at 1601 North Congress Avenue The Building Department recommended approval. Suncrete are sUb-contractors for North South Construction Corp. and will be doing the concrete work. The trailer will remain for the duration of the project, approximately six months. 3. Consider ~equest submitted by Mr. William J. Walsh of North Sou~h Construction Corporation, for approval to place thr~e office trailers and seVe~ storage trailers on the shopping center site of Catalina Centre located at 1601 North Congress Avenue The Building Department recommended approval. North South Construction Co~p., General Contractors, will remain for the duration of the project. 4. Consider ] dent of B of a tempe constructJ at 310 Not The Building De~ · equest submitted by Bobby L. Moore, Presi- & M Construction Company, Inc., for approval ~rary office trailer in conjunction with the on of the Chevron USA service station located 'th Congress Avenue ,artment recommended approval. The trailer will be left fol' the duration of the project and will be used for office purposes and the storage of tools. G. Approve expenditure of funds for Youth in Government Day T April 23, 1987 The CRB is again sponsoring this day and, through City Manager Cheney's memo of April 7, asked the Commission to a~thorize the expenditure of approximately $275 for the cost of a small luncheon. - 22 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 H. Consider request for refund on Cemetery Lot 9lA, Block O, Boynton Beach Memorial Park Addn. ~1 Regina Poulos, 1401 South Oxford Avenue, Los Angeles, California 90006, requested a refund of the purchase price of this lot in the amount of $180 ($225 less 20% or $45.). I. Approval of Bills See list attached. A bill from Pride Pool Plastering in the amount of $12,615 was added to this list. At the request of Commissioner Zibelli, Bills numbered 5 and 27 were removed from the Consent Agenda. See "AGENDA APPROVAL", page 1 of these minutes. Commissioner Hester moved, seconded by Vice Mayor Marchese, to approve the Consent Agenda, items A, 1, 2; B, 1, 2, 3, 4, 5, 6; C, Resolutions 87-S, 87-T, 87-U, 87-V; D; E, 1, 2; F, 1, 2, 3, 4; G; H; and I with the removal of items 5 and 7 from the Bills and the addition of Pride Pool Plastering, Inc. in the amount of $12,615. Motion carried 5-0. ~ERE WAS A BREAK AT 9:10 P. M. 9:17 P. M. THE MEETING RESUMED AT PUBLIC~'HEARING None. CONSENT AGENDA For Commissioner Mann's edification, Mayor Cassandra said all items on the Consent Agenda had been approved. Commissioner Mann wanted to make an addition to the minutes, and said he did not hear anybody mention them. Mayor Cassandra explained that he said "A 1, 2," and asked if the other Commissioners would bring back the minutes because the n~w Commissioner was unaware of the quick procedure on the Consent Agenda. t~torney Rea suggested that a motion be made to reconsider e Consent Agenda as it related to the approval of the minutes. Vice Mayor Marchese moved seconded by Commissioner Hester, to reconsider the Consent Agenda, item A, 2. Motion carried 5-0. - 23 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 A. Minutes 2. Special City Council Meeting Minutes of March 26, 1987 Commissioner Mann informed Mayor Cassandra that he wished to make an addition and a correction. ~ommissioner Mann wanted to put on record that the statement made by Commissioner Hester was inaccurate (pages 4 and 5 of said minutes). What he said was that he was sorry that he could not endorse him for Vice Mayor, and that was it. Commissioner Hester commented that Commissioner Mann was adding something to the minutes. He did not wish to add anything because what was said was said. Commissioner Hester stated that no one needs to tell him what they are going to do because they are independent people on the Commission and cast their votes the way they want to cast them. Commissioner Hester was disturbed at all of the comments he read, about his vote being with Commissioner Zibelli's, because he votes his convictions, as every one on the Commission votes theirs. He wished that was not said and hoped from this point on that the Commission would go ahead and do what they are supposed to do as City Commissioners. C~mmissioner Hester emphasized that he does not block vote with anybody. He has been on the Commission for two years and thought if anyone looked at the records, there was no s~t pattern as to how he votes. He voted sometimes with the Mayor and voted sometimes against the Mayor. It has been 3-2 but did not bother him because that is the democratic way. Commissioner Hester had no qualms with the way the Vice Mayor elected because it was done in a democratic fashion, but did not think he needed to hear what Commissioner Mann lans to do on the Commission because that was not any of his usiness. Commissioner Hester made it clear that he had 9thing in the world against Commissioner Mann; it was a ~tter of principle, and he had to let it be known. ommissioner Hester was through with it and hoped they could on now and work as a Commission for the betterment of the ~mmunity PERIOD. There was applause. C~mmissioner Zibelli moved, seconded by Vice Mayor Marchese, to accept the minutes of March 26, 1987 as corrected. M~tion carried 5-0. - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 DEVELOPMENT PLANS Consider request submitted by Doug Long, owner of the Mega- Mini Self Storage, for approval to amend the site plan to allow for the addition of two new storage buildings consist- ing of 18,053 square feet of floor space located east of South Congress Avenue between the LWDD L-28 Canal and S. W. 30th Avenue. .................... TABLED City Manager Cheney advised that the City had a request that this stay on the table. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 86-48 Re: Rezoning - PCD Center (Postponed to April 7, 1987) City Attorney Rea wanted to continue this Ordinance until the next regular meeting of the Commission. Commissioner Zibelli moved to postpone Proposed Ordinance No. 86-48 until April 21, 1987 at on or about 8:00 P. M. Vice Mayor Marchese seconded the motion, and the motion carried 5-0. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 87-9 Re: Guidelines for rent- ing apartments in the City of Boynton Beach City Attorney Rea read Ordinance No. 87-9 on first reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 13-3, 13-5, 13-16 AND 13-22 (492); PROVIDING FOR PROOF OF RECEIPT OF A RENTAL GUIDELINE FOR LANDLORDS AND TENANTS FOR NEW AND RENEWAL LICENSES; PROVIDING NEW LICENSE SUSPENSION AND REVOCATION PROCEDURES; PROVIDING A NEW LICENSE TAX SCHEDULE FOR RENTALS; PROVIDING FOR CODIFICATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES" Commissioner Hester stated that he was for this, but he had one problem, and that was if he owned a single family home, he would have to buy a permit. He explained that he has another house, which he rents to his sister, and he did not - 25 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 think he should have to buy a permit for a house he is rent- ing to his relative. Commissioner Hester elaborated and then added that he did not think he should have to personally pay to have his house rented if he rents to anybody, as long as he keeps up the property. Qommissioner Zibelli commented that Commissioner Hester had the magic words, "as long as he keeps it up", in there, but ~any do not keep their properties up. Commissioner Hester thought most of those were absentee owners. Commissioner Zibelli agreed and said nothing would happen if his property was kept in good condition, and she expounded about the properties of absentee landlords. Commissioner Zibelli said there have to be some sort of guidelines the Codes Enforcement Board can work with, so %h ey are able to know who the absentee landlords are, and Commissioner Zibelli pointed out that they did not have to k~ep the Ordinance on the books forever, but it was something the City could do to see if it could get a handle on the situation until things get better than they are. It bas been very successful in Lake Worth. Commissioner Zibelli said they are also doing it in Delray Beach, and you can see what a change it has made. There were further com- ments. tYor Cassandra was concerned with all of page 2 and felt it d to be addressed because it basically implies a Police ate (especially paragraph (d)). He was also concerned b~cause it did not address the Planned Unit Developments (PUDs) that have Condominium Association By-Laws and ppinted out that they were not in the Ordinance. The Ordi- nance also did not address Homeowners Associations By-Laws, ~d Mayor Cassandra said there was a lot yet that it must c~ver as far as approval on a second reading. Mayor Cassandra said "getting the ball rolling" was the C Z ommission's concern, and he recalled that Commissioner ibelli said they should get something on paper so that they ~uld "tear it apart" and get the best law. He again ~ferred to page 2 and wondered whether the City would be iable because of a false arrest, if he was arrested and not Dnvicted. - 26 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 Mayor Cassandra was also concerned because there are homes in the City with a Nanny and 11 kids. The City will want to condemn that house because it does not have a license, and he questioned where they would put those people. Mayor Cassandra agreed with Commissioner Zibelli's concern, but he emphasized that a lot of things must be addressed so that they can have a law that can be implemented and enforced, but also a law that takes into consideration the condominium by-laws, the PUD's homeowners associations, laws of town- houses and people, who have a roof over their heads, but the absentee landlord does not care. The City will be fighting the absentee landlord, but Mayor Cassandra asked, "What about the people?" Commissioner Zibelli responded that the landlord would have a certain amount of time to correct this. Mayor Cassandra r~torted, "And if the landlord does not, what do they do? That should, at least, be discussed." Commissioner Zibelli replied that Mayor Cassandra has not lived in the situations she has lived in for 26 years, and there is a difference ~hen you are living right in the middle of it. There was n~ore discussion. ~yor Cassandra was going to ask for a motion to approve this on first reading, but he said to suppose someone is not d~ing somethinq illegal but rents a home and ruins the surrounding area of the house. Commissioner Zibelli answered that violations like that are taken before the Codes Enforcement Board. All this Ordinance does is give a handle on who the absentee landlords are, so that they can be contacted. Commissioner Zibelli wanted the City Attorney to go through the Ordinance page by page at the next meeting so that they can understand exactly what it means. Mayor Cassandra reiterated that he was not happy with the Ordinance. Vice Mayor Marchese agreed with Commissioner Zibelli that they should go forward with the Ordinance on first reading. H~wever, he has received many inquiries relative to people WhO own single family homes, PUDs, and condominiums. Vice M~yor Marchese wondered how they would possibly enforce this kind of a law and how they would get it done without hurting other people. He felt they were serious questions that should be addressed but said he would go along with the Ordinance for the time being. Commissioner Zibelli moved to approve proposed Ordinance No. 87-9 on first reading, seconded by Commissioner Hester. A - 27 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 roll call vote was taken on the motion by Mrs. Boroni, as follows: Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Aye Aye Aye Aye Aye Motion carried 5-0. C. Resolutions 1. Proposed Resolution No. 87-W Re: Land Swap Agreement between City of Boynton Beach, Quantum Park, and Fraternal Order of Police (FOP) City Attorney Rea read proposed.Resolution No. 87-W by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY A CERTAIN LAND SWAP AGREEMENT DEALING WITH THE TRANSFER OF TITLE TO REAL PROPERTY BETWEEN QUANTUM ASSOCIATES, THE CITY OF BOYNTON BEACH, AND THE FRATERNAL ORDER OF POLICE, A COPY OF SAID LAND SWAP AGREEMENT BEING ATTACHED HERETO AS EXHIBIT 1; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" CQmmissioner Hester moved to approve proposed Resolution No. 87-W, seconded by Commissioner Zibelli. City Manager Cheney wondered if everybody understood the agreement. Mayor Cassandra replied that they heard Mr. G~orge Zimmerman of Deutsch Ireland expound on it, so he thought the Commission was quite aware of it. He assumed the City and FOP had not been hurt by the deal. City Manager Cheney replied, "Absolutely Not," and added that it had been negotiated and was fair to everybody involved. The City gets more land; FOP gets some land they own and money to build a replacement building; and Quantum t ge s a piece of land adjacent to the interchange. C~ty Manager Cheney said the County still has to agree that the reverter clause has been taken off of the existing piece o~ land and put on the new piece of land. In addition, one technicality left on the particular parcel is that in this - 28 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 area, north of the new land, Miner Road will be relocated a little to the north, so there will be no leftover Quantum land north of Miner Road. City Attorney Rea confirmed City M~nager Cheney's statement that all of the stipulations were in the agreement and added that, essentially, when one or two major conditions fail, the chain of cards falls down, and the agreement falls. M~yor Cassandra asked if that was the understanding of all o~ the parties. For the record, City Manager Cheney said FOP has an Attorney, and they know what is going on. For clarification, Commissioner Mann asked if the City gets 15 acres and gives up 11. City Manager Cheney replied that the city gets net 16+ and gives up 12+. The FOP gets an additional one acre, so Quantum is giving up 17+ acres. A vote was taken on the motion, and the motion carried 5-0. 2. Proposed Resolution No. 87-X Re: Urging the South Lake Worth Inlet Commission and the Palm Beach County Board of County Commissioners to comply with the Town of Ocean Ridge request to provide increased sand transfer to the dowdrift side of the South Lake Worth Inlet - Requested by Vice Mayor Ralph Marchese City Attorney Rea read proposed Resolution No. 87-X by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING THE SOUTH LAKE WORTH INLET COMMISION AND THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO CgMPLY WITH THE REQUEST OF THE TOWN OF OCEAN RIDGE TO PROVIDE INCREASED SAND TRANSFER TO THE DOWN DRIFT SIDE OF THE SOUTH LAKE WORTH INLET AND TO RECONSIDER THE POSITION PREVIOUSLY TAKEN ON RESOLVING THE SAND DEPRIVATION FOR OCEAN FRONT MUNICIPALITIES SOUTH OF THE SOUTH LAKE WORTH INLET, FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES" CQmmissioner Hester moved, seconded by Vice Mayor Marchese, adopt proposed Resolution No. 87-X. Motion carried 5-0. - 29 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 D. Other 1. Discussion of selection of outside legal counsel - Green, Eisenberg and Cohen - Requested by Commissioner Dee Zibelli When the City hired Attorney Kirk Friedland for the Trade- winds settlement, Commissioner Zibelli said it went through ~he Commission, which she thought was a policy decision. ~hen they came down to the appeal, and the Co~mission hired Siemon, Larsen, Mattlin & Purdy from Boca Raton, which was a policy decision. Commissioner Zibelli found that someone hired J~mes Green of Green, Eisenberg and Cohen on March 5, 1987. That did not go through the Commission, and she felt it should have been a policy decision. Commissioner Zibelli inquired whether that firm was hired through Siemon, Larsen, t~ttlin & Purdy, and was told they were not hired through at firm which, in her opinion, would have made it OK. C~mmissioner Zibelli wondered what the policy was, who made i~, and what the policy decision is. City Attorney Rea aDswered that the decision to hire Green, Eisenbeg and Cohen was made because that is the way outside legal services have b~en contracted out. From his understanding of this City and other cities like it, primarily, when a City employs outside legal counsel on a substantial basis, those decisions a~e made by the Legal Department as a procedural matter, based on litigation skills and qualifications that a small firm cannot provide. Rather than being a policy decision, City Attorney Rea said it is more of an administrative decision of the Legal Department itself. Commissioner Zibelli asked why it was not an administrative decision of City Attorney Rea to hire Siemon, Larsen, Mattlin & Purdy. When the City hired Kirk Friedland and Siemon, L~rsen, Mattlin & Purdy to represent it, Attorney Rea said those two firms represented a somewhat unique situation. Mayor Cassandra interjected that the Commission never approved t~e addition of an Attorney. Former City Attorney Vance had s i A ~id he did not want to represent the City on Tradewinds. hat put the Commission in a very unique position, so they ~nt out and advertised for an Attorney. In the meantime, ~ believed Attorney Vance asked for a continuance, which ~ve the City a couple of weeks to get the other Attorney, ~ which time, the Commission, with their layman capabilities, ~terviewed three different law firms and proceeded to pick hat person which they felt was the proper one to represent he City. That was unique because, normally, the City ~torney would have taken care of this. B~cause of the appeal requested by a majority of the Commission at that time, Mayor Cassandra said the feeling from Kirk Friedland to the City Attorney was that he needed - 30 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 stronger assistance to properly represent the City in the appeal. Since they interviewed Attorney Friedland, it was felt the new person should come through the Commission because they were adding to Attorney Friedland. Subsequent to that, three people on the Commission at the time were sued at the Commission meeting and were served that day. To wait 14 more days, when they had to respond in 20 days, would not have been proper support of any Commission person at that time. Mayor Cassandra said those decisions were always made by the Attorney to properly represent a COmmissioner or the City, if needed. For an example, he asked if anyone approved Jim Vance as the Attorney to repre- sent the City at the Department of Transportation (DOT). The Commission did not do it because there was normal administrative action, and it was common sense to let the expert involved in legal affairs make sure that the City has th~ best representati6n. Mayor Cassandra further explained that approving Attorneys was always the function of the City Attorney. When the Commission appointed City Attorney Rea, they hoped his expert opinion on who should represent the City on all affairs did not have to go to a vote. However, the Commission should be made aware of it. Commissioner Zibelli stated that she was not aware of it and had read it in the newspaper. 2. Status Report on legal fees related to Tradewinds Case - Requested by Commissioner Zibelli Commissioner Zibelli wished to make public the legal fees for Tradewinds. They did have $7,456.25, which was reim- bursed from Tradewinds to the City upon settlement. Since then, they have $7,488.55 from Kirk Friedland, Attorney; $4,271.75 from Green, Eisenberg & Cohen since March 5, when they were hired, and also $2,965.20 since February, the date when the three Commissioners were served, from Siemon, Larsen, Mattlin & Purdy, for a total of $14,725.50 so far in legal fees. City Manager Cheney added that the City received an additional bill today from Kirk Friedland for $3,115.23. Mayor Cassandra pointed out that this is all public record anyway because it is in the minutes. There is nothing that is not public, because all of it is public information. - 31 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 CONSENT AGENDA I. Approval of Bills, Items 5 and 27 Commissioner Zibelli moved, seconded by Commissioner Hester, to approve the payment of items 5 and 27. Motion carried 5-0. D. OTHER 3. Request for approval - Code Enforcement Board Foreclosure - Re: Spada City Attorney Rea drew attention to the reference, which he said was somewhat confusing. At a number of Commission meetings prior to this one, he said they indicated they were talking about the process to resolve all Code Enforcement foreclosure cases. The Spada case resulted from two Code Enforcement cases, where the Codes Enforcement Board, in one of them, specifically voted to foreclose on the lien. In this particular case, City Attorney Rea said the City has had a proposal to settle the matter from Joseph Papa, Spada's Attorney, and, at the present time, the Spada property is in compliance, and there is no enforcement action against them that he was aware of. City Attorney Rea advised that the City now finds itself in a difficult position to fore- close on the property because there are numerous liens, and if the City would foreclose, it would be at the low end of the stick. The City would ultimately spend a considerable amount of money on the case, and the chances of retrieving anything of any significance would be very slim to none. City Attorney Rea said the proposal amounts to full settle- m~nt in one of the foreclosure matters and approximately 40% o~ the fee in the other foreclosure matter. The offer was based upon a legitimate dispute with regard to the actual daily amount of the fee imposed by the Board. It was $75 a day versus $25 a day. City Attorney Rea recommended that the Commission accept the premise of the offer that was presented to the City by JOseph Papa, Attorney for Spada. He did not have the exact n~mber but informed Mayor Cassandra that it came down to approximately $4,500 plus 10% interest. Vice Mayor Marchese moved to accept the premise of the offer p~esented by Attorney Papa, seconded by Commissioner Hester. MOtion carried 5-0. - 32 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 4. Proposed Housing Element Contract - Plantec Sometime ago, City Manager Cheney said the City selected Plantec to participate in the housing element and growth management of the Comprehensive Plan. The City staff met wlith them and sent them a proposed contract, and Plantec basically accepted it. City Manager Cheney recommended that the Commission authorize approval of the contract. Mayor Cassandra asked whether they actually spelled out in detail that they want a program of implementation. City Manager Cheney answered affirmatively and said Plantec additionally anticipates that if the City participates in the County Development program, they would expand their involvement with the City, where necessary. Mayor Cassandra noted they were talking about 120 days, and he questioned whether that was a reasonable date for it to be completed. City Manager Cheney thought it was very short. He said the City may want to sit down and meet with them, and they may have to postpone it for two or three Weeks, which would add more time. M D h D 4 r r C P C t ~yor Cassandra asked if the City received money from the ~partment of CommUnity Affairs (DCA) or if the City would ~ve to lay out money and be reimbursed. Carmen Annunziato, irector of Planning, answered that the City already received %. Mayor Cassandra asked if DCA will give the City the ~st, based on what they see the City does. Mr. Annunziato ~plied, "Based on what we submit back." City Manager heney commented that it was unusual. Usually, the City ~ts the money out first and then gets reimbursed. ~mmissioner Hester moved, seconded by Commissioner Zibelli, approve the contract with Plantec. Motion carried 5-0. 0SD BUSINESS N Dne. NEW BUSINESS Absenteeism of Board Members ayor Cassandra asked the Commission to consider this either ak this meeting Or to put it on the next agenda. The City has a policy that a person is removed from a Board if he or S~e has three unexcused absences. He has found that is not tight enough because the combination of excused and non- ei~cused absences on some of the Boards exceeds 80% of the - 33 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 meetings; the purpose of volunteers who want to help the City is defeated, and people come to meetings that are cancelled because there is not a quorum. Mayor Cassandra wanted the Commission to consider changing the stipulation to a percentage missed or a total numerical umber and say if those people miss five or 20% of the llowed meetings, they will be automatically removed from the Board and someone else put in their place. He gave examples and explained. Mayor Cassandra added that a lot of talent bank appiications were received this year. Commissioner Zibelli agreed with Mayor Cassandra and explained why she thought three meetings excused or non- excused should be the limit. Mayor Cassandra said the umber of meetings would be the Commission's desire. He thought this should be an item on the agenda at the next ~ommission meeting, so the Board Members will know the rule has been changed. A. Appointments to City Boards and Commissions Mayor Cassandra suggested that they take one at a time and vote. Commissioner Hester asked if there was a criteria for the Building Board of Adjustment and Appeals. Mayor Cassandra answered affirmatively. City Manager Cheney advised that the Downtown Review Board also has some limits. If they do not have a person to appoint, Mayor Cassandra recommended that the Commissioners not fill that slot, and they can appoint someone at the next Commission meeting. City Attorney Rea advised that the Building Board of Adjust- ment and Appeals should be comprised of citizens connected with the building industry or the various trades. Board of Adjustment As Regular Members, Commissioner Hester reappointed Lillian Artis, Commissione~ Mann nominated Henrietta Solomon, and Mayor Cassandra reappointed Vernon Thompson. Vice Mayor Marchese nominated Janice Lewis as an Alternate Member. The Members were accepted by acclamation. Building Board of Adjustment and Appeals Commissioner Zibelli wished to TABLE her appointment until the next meeting. If there was any delay, Mayor Cassandra announced that those people on the Board would continue on that Board until they are removed. Unless there was a strong disagreement, the appointments would take place immediately. - 34 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 Milton Russell, a Contractor, was appointed by Commissioner Hester as a Regular Member, and Jose N. Aguila was reappointed as an Alternate Member by Commissioner Mann. Commissioner Hester moved, seconded by Commissioner Zibelli, to accept the appointments. Motion carried 5-0. Cemetery Board Mayor Cassandra was concerned about Basil Camilot missing meetings but reappointed him as a Regular Member. Vice Mayor Marchese wished Joseph Delaney to continue as an Alternate Member. Commissioner Hester moved, seconded by Vice Mayor Marchese, to accept the appointments. Motion carried 5-0. Civil Service Board Commissioner Zibelli nominated Don Balmer, who is now an Alternate Member, as a Regular Member. Mayor Cassandra commented that Mr. Balmer has missed quite a bit of meetings and should be told of the new rule. Commissioner Hester reappointed Norman Gregory as an Alternate Member. Mayor Cassandra said the appointment of Mr. Balmer would mean that Mr. Campbell Fell would be removed from the Board. As there would be a Civil Service hearing on Thursday, April 9, he wondered if the appointment of Don Balmer could take effect on Monday, April 13, 1987. Commissioner Zibelli moved to accept the nominations, and they were accepted 5-0. Community Appearance Board John Serrentino, Janet Centola, and Walter Kies were renominated as Regular Members by Commissioner Mann, Mayor Cassandra, and Vice Mayor Marchese respectively. Commissioner Zibelli nominated Robert Olenik, Jr. as a Regular Member. Mayor Cassandra called attention to the fact that Chauncey Buck the only Professional Architect on the Board, was just removed. He asked if the CAB requests a Professional Archi- tect. Mayor Cassandra further said they lost another pro- fessional person when they lost Colonel Carn Reid. City Manager Cheney read the list of CAB members, and Mayor Cassandra stated that they were covered. - 35 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 Commissioner Zibelli moved to accept the nominations, and they were accepted 5-0. Community Relations Board ommissioner wished to speak to Mrs ~ . Hester . Blanche Girtman before makzng an appointment, so his appointment was TABLED. Margaret Newton was renominated as a Regular Member by Commissioner Mann, and Paul Finke was nominated as a Regular  ember by Mayor Cassandra. Vice Mayor Marchese nominated ary Jo McVey as an Alternate Member. Commissioner Hester moved to accept the nominations, and they were accepted 5-0. Library Board Qhristine Edward and Emanuel Lubin were renominated as ~egular Members by Commissioners Zibelli and Hester respectively. Co~issioner Mann nominated Marie Shepard as a Regular Member. Commissioner Hester moved to accept the nominations, and they were accepted 5-0. Planning and Zoning Board *Should be Vice Mayor Cassandra nominated Martin L. Jackier, ~avor · ~ Mayor Marchese. Cassandra nomznated Robert J. Walshak, and Commissioner See 4/21/87 Zibelli nominated Robert Ferrell as Regular Members.** Mayor Minutes. Cassandra had a problem with the nomination of Robert Ferrell because of concern for the City. He stated that Mr' *'5/11/88 it Ferrell has been pro-developer in all of his voting, has ' been supported by' developers throughout his political was noted that Cc~missioner endeavors, voted when he was a Council person for high den- sity, and it was hard for him to nominate and accept Mr. Ferrell for the benefit of the City. M~yor Cassandra said he has kept silent for a long time about something he had to bring up, but the Council, by a m~jority vote at that time, expected Mr. Ferrell to pay back what he owes the City, but he ~ever did as of 5:00 P. M. t~night. Mayor Cassandra felt it hard to accept a person who sa~d to him that he really did not care what the Counci~ v~ted that he should do because he would do his own thing. That was Mayor Cassandra's concern, not his reason. Hester reappoint ed William Schultz as an Alternate M~mber. The vote was M~yor Cassandra continued that they need people on the P&Z B~ard that have a concern for the City and for its growth - 36 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 properly in density. Commissioner Zibelli was sure Mayor Cassandra could speak for himself without Mr. Joseph Molina feeding him information. There were other comments. Mayor Cassandra stated that he could not honestly support Mr. Ferrell for the P&Z Board of this City. Commissioner Zibelli felt some other people being put on the Board did not have the knowledge of the City, nor had been here that long to have a knowledge of the City. As long as she had been here or sitting in the audience, there have never been objections to appointments, and that was the policy. Mayor Cassandra agreed Commissioner Zibelli ~hought a lot of it had to do with Mayor Cassandra's feelings for Mr. Ferrell. Mayor Cassandra said the records will show how Mr. Ferrell voted and he reiterated prior statements. ' Commissioner Zibelli said there were many pro-developer votes on the Commission last year that Mayor Cassandra also voted for. It jUst happened to be the one that he (Cassandra) particularly did not care for, and it was the same one where 'she, Mr. Ferrell, and Mr. Hester did not agree with him. Commissioner Zibelli still did not feel that was any reason for notI allowing a man to serve his City. Mayor Cassandra said they were each entitled to their o tinions, and he repeated prior statements. In District 1, V~ce Mayor Marchese said one of his strong stands was a~ainst developers taking over. He knew from the number of vDtes he got that the people agreed. Vice Mayor Marchese cDuld not, in good conscience, go along with the appointment o Mr. Bob Ferrell. Commissioners Hester and Mann had no c mments. There was a vote of 5-0 for the appointment of Martin L. Jackier, and the vote for the appointment of Robert J. walshak was 5-0. The vote for Bob Ferrell was 2-3. Mayor Cassandra, Vice Mayor Marchese, and Commissioner Mann voted against the appointment, so Mayor Cassandra said this was still an open s%ot. Commissioner Zibelli TABLED the appointment and left the meeting at 10:25 P. M. Recreation and Parks Board  dward Harris, Frank Stockton, and Betty Thomas were renomi- ated as Regular Members by Commissioner Mann, Mayor - 37 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 Cassandra, and Vice Mayor Marchese respectively. members were reappointed by acclamation. The three Firemen's Pension As Commissioner Zibelli was not present, this appointment of a Regular Member was TABLED. Police Officers' Retirement Board Mr. Diaz was renominated by Commissioner Hester, and there were comments by both Commissioner Hester and Mayor Cassandra on the excellent job he does. There was discussion about the new and old law. Mr. Diaz was reappointed by acclamation. Planning and Zoning Board Mr. Mann nominated Allan H. Nyquist as an Alternate Member to the P&Z Board. Commissioner Hester moved to approve the appointment. City Manager Cheney reminded the Commissioners that Mr. Nyquist is a Member of the Codes Enforcement Board. Mayor Cassandra said the question of appointing people who are on other Boards will be addressed at another time. The vote on the nomination of Mr. Nyquist was 4-0. Mayor Cassandra announced to those people who filled out applications and were not appointed that there is such a constant change in the Boards and their policies that he was sure within the year, they would be on some Board. He was pleased with the number of applications that were received this year. ADMINISTRATI~ A. Designate official representative to be the voting delegate for Palm Beach County Municipal League Meetings (Replaces Councilman Carl Zimmerman) City Manager Cheney informed the Commissioners that this Board meets at 8:00 A. M. After discussion, Commissioner Hester moved to appoint Commissioner Mann. Mayor Cassandra added the stipulation that Commissioner Mann ask the. Commission how to vote because he is representing the Commission. He also advised that Former Councilman Carl Zimmerman could tell him all about the League. A vote was taken on the motion, and the motion carried 4-0. - 38 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 B. Select Mayor or City Commissioner responsible to attend monthly meeting of representatives for COBWRA, Greater Boynton Beach Chamber of Commerce, and City Mayor Cassandra explained how this was developed and emphasized that only one member from the Commission could attend this luncheon because of the Sunshine Law. City Manager Cheney interjected that he also attends. Mayor Cassandra said the luncheon will be at Delray Dunes from 12:10 P. M. until about 1:30 P. M., and he would like to go as long as they meet once a month. Commissioner Hester moved that Mayor Cassandra attend the monthly meetings with Vice Mayor Marchese as an Alternate. Motion carried 4-0. C. Set date for joint meeting with Community Redevelopment Agency After some comments, Thursday, May 7, at 7:30 P. M. was set as the time and date for this joint meeting. D. Consider attending Florida League of Cities Legislative Action Day in Tallahassee on Tuesday, April 28, 1987 City Manager Cheney said this is a new, one day meeting, but it would mean staying one night and maybe two nights. He clarified that it is the first time they have had a Muni- cipal City day in Tallahassee. Part of the idea is to get there in time in the morning for a series of sessions and doing something about delegation representatives possibly the evening of that day for dinner. City Manager Cheney said if anyone planned to go, they should let someone in his office know tomorrow. Mayor Cassandra explained why he could not go, and Vice Mayor Marchese expressed that he w~uld like to go. E. Utility Matters 1. Surveying Service City Manager Cheney said his memo of April 7 explained this. Commissioner Hester moved to approve the contract for professional survey services from O'Brien, Suiter & O'Brien to obtain profile grades and aerial surveys. Commissioner Mann seconded the motion, and the motion carried 4-0. - 39 - MINUTES - REGULAR CITY ~OMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 2. Upgrade North Seacrest Lift Station %306 City Manager Cheney said this is an Old station. Mayor Cassandra interrupted to ask for a report of all of the old stations and what City Manager Cheney could see in the future. City Manager Cheney replied that he would give the report soon. If not, it would be with the budget report, because there are 120 of them. Commissioner Mann moved, seconded by Commissioner Hester to upgrade North Seacrest Lift Station %306. Motion carried 4-0. South Water Storage Tank - approval of an already bid alternate for added emergency repairs City Manager Cheney passed around some pictures and said the contractor for the ~roject was present. Mayor Cassandra was concerned about the cost to paint, plus the logo, for $~5,000, and he asked how much the logo was. After discussion, City Manager Cheney stated that he wanted the public to know the City is spending about $140,000 on the tank, but the pictures showed the problem. Mayor Cassandra questioned whether they would sandblast to see if there is any deterioration, and he asked if there was a warranty on this. James Tetro, President, and owner of J. T. Sales Co., Inc., 975 S. W. 12th Street, Pompano Beach, Florida 33060, said in his letter of March 26, 1987, that he was guaranteeing the work for 20 years. He has been doing this work for almost 30 years and has yet to have a failure in this type oF work. In five years, if any malfunction is showing, it w~ll be evident, and they will touch it up, but Mr. Tetro was confident there will not be. Mayor Cassandra was concerned about that which was not visible through the paint. Mr. Tetro said if there is a P i P 1 t t roblem, it will be showing. It was that simple. Mr. Tetro nformed Mayor Cassandra that he would not be painting but Duld be metal spraying. He will be applying a coating of ure zinc to the tank, just like galvanizing. It will stop ~aks, rust, or any corrosion at that point. When he puts he sealer over it, it will protect it. Mr. Tetro explained hat it is a high profile sandblast. M~yor Cassandra asked who would insure the liability. City Manager Cheney replied that Mr. Tetro has his insurance, a~d he reminded the Commission that a separate, independent Tank Inspector works for the City. He expressed that this - 40 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 is the first time the City has had a feeling of comfort about someone doing something on the tank. In response to a question from Vice Mayor Marchese, Mr. Tetro replied that he had explained to the Engineer and Inspectors of the City that when he comes across heavy paint, he can build a pit level to the surface. When he has spaces beneath pits, openings, or open seams, he will flow it in, not unlike plumbers used to do with lead when they poured it. Mr. Tetro said he can do this with the zinc. It goes out at*120°, and he can actually puddle it and fill in crevices. Mr. Tetro told the Commission that the tank has been leaking since it was erected and since the City purchased it from the Government. He continued by saying there is no way to stop a leaking, riveted tank other than welding it. Once you weld it, you weld the whole thing, and you are talking about astronomical dollars, and it will not guarantee that it will not leak. Mr. Tetro assured the Commission that he 'would guarantee that the tank would not leak because he has done sister tanks to this that were developed exactly like it and historically leaked since "Day 1". He gave examples. Mayor Cassandra asked where the money would come from. City Manager Cheney answered that it will come out of the fund that the City has been getting over the years from impact fees for water (Utility General Equipment Fund). He explained that the capital things, and the replacement and repairs come out of the Impact Fund, but that fund is also increased each year by replacement and rehabilitation dollars that are budgeted annually, then thrown into that same reserve fund. Every year the amount of money necessary for rehabilitation and replacement is put aside. Basically, this kind of improvement is being funded every year out of the business operation the City has in the Utility Fund. Mr. Tetro added that in the next 20 years, he would be saving the City of Boynton Beach approximately $400,000 because they will not have to touch the tank again on the interior. It will need work on the exterior as they go along. Commissioner Hester moved, seconded by Vice Mayor Marchese, to approve the already bid alternate for added emergency repairs to the south water storage tank. Motion carried 4-0. *Should be See 4/21/87 Minutes. - 41- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 F. Approve the execution of an agreement for Traffic Consultant Service City Manager Cheney had a proposal the City received today from Walter Keller, who had been hired once before, for around $1,000, plus a lump sum fee for the traffic study review in the amount of $1,050, and an additional cost for attending meetings. Mayor Cassandra asked what the addi- tional costs would be. City Manager Cheney replied there ~puld be $300 for a meeting here, $250 for the Staff ~Review Committee meeting. Vice Mayor Marchese moved, seconded by Commissioner Hester, to approve the agreement for a Traffic Consultant's services. Motion carried 4-0. G. Request for funds for emergency repairs to the pump ~ystem of a fire pumper City Manager Cheney said the estimated repairs are $3,750. Commissioner Zibelli returned to the meeting at 10:45 P. M. Vice Mayor Marchese moved to approve the funds for emergency repairs to the pump system of a fire pumper, as required. Commissioner Hester seconded the motion. Motion carried 4-0. (Commissioner Zibelli declined to vote, saying she had not heard the discussion.) OTHER Clearing of Police Records It seemed to Vice Mayor Marchese that the City has a lot of crime going on. He thought it was insulting to the Police DDpartment when people come before the Commission asking that their records be cleared, and he explained. Vice Mayor Marchese thought that was wrong and asked the City Attorney if there was some way to prevent this. Attorney Rea did not think the City could do anything about that. Commissioner Hester said it was a legal matter, and maybe Mayor Cassandra could have indicated to the person that it was a legal matter, and should not be discussed. Mayor Cassandra did not know how they could be selective in Public Audience about what people would talk about. As long a~ they were not boisterous or destructive to the Chamber, he did not see any way they could stop it, other than saying they have three minutes. Mayor Cassandra thought Police Chief Hillery handled it properly. - 42 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1987 ADJOURNMENT There being no further business to come before the Commission, the meeting properly adjourned at 10:48 P. M. CITY OF BOYNTON BEACH, FLORIDA ATTEST- ReCT~hd~en-~ ~~O--~ /~'~TSe~~ary Mayor Vice Mayor Com~zsi~ ~oner ~omm± s ~ione'r - 43 - AGENDA April 7, CONSENT AGENDA - ADMINSTRATIVE 1987 B & H SALES Inventory Stock for Water Distribution. Pay from Water & Sewer Rev---401-333-533-60-51 4,345.85 BOYNTON BEACH CHILD CARE'CENTER 3rd payment of 4 recommended by CP~- Pay from Federal Revenue Sharing---320-6~l-564-40-SA DAV~S WASTE & wATER INDUSTRIES Odophos Liquid No. 1 for Sewage Pumping. Payfrom Water & Sewer Rev---401-352-535-30-65 .5,375.00 7,063.42 ERNST &WHINNEY,'CPA Fo~professional services rendered in connection with compliance work required by the Single Audit Act. Pay fromGeneral Fund---001-131-513-40-66 $3050.00 Pay from Fed. Rev. Share--320-195-519-40-66 1250.00 4,300.00 G~F~N, EISENBERG ~mCO~' Professisonal services rendered re: Tr~dewinds v. City of BoyntonBeach thru 3/18/87. -Pay from General Fund---001-141-514-40-61 4,27.1.75 HESCO SALES, INC. Garbage Containers for Sanitation Fund. Pay from Sanitation Fund---431-341-534-60-9B Per bid 12/9/86, Council approved 1/6/87 19,176.00 HOUSE OF GOLD 20 Ten Year Pins for Personnel Department. Pay from General Fund---001-135-513-30-96 1,500.00 ITT COURIERTERMINAL SYSTEMS Equipment Rental from March 1987 to Sept. 30,1987. Pay from various departments in city. 1,905.82 INDUSTRIAL REFUSE SALES, INC. Garbage Containers for Sanitation Fund. Pay from Sanitation Fund---431-341-534-60-9B "Bid Item" 1,455.00 10. LAWMEN'S & SHOOTERS SUPPLY, INC. 20 Safariland Trauma Pac Vest(Body Armor) for Police Dept. Pay from General Fund---001-211-521-30-97 '"Bid Item" 3,284.80 '11. PALM BEACH NEWSPAPERS, INC. Legal ads'fOr month of February, 1987. Payfrom General Fund---001-122-512-40-7M " " " " 001-122-512-40-75 1,140.45 $ 686.44 COUNCIL APPROVED: 454.01 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. DR. FRANK PEDROSO Pre employment physicals and drug screens for personnel department. Pay from General Fund---001-135-513-40-6A 1,130.00 PETERSEN INDUSTRIAL MACHINES, INC. Replace 4500 (Hydraulic Motor that turns boom) Sanitation Truck #89. Pay from Sanitation Fund---431-341-534-40-33 2,401.91 POST BUCKLEY, SCHUH & JERNIGAN Professional services rendered in connection with the 3MG Tank and Booster Station $4165.00 and Water Treatment Plant Pilot Testing Program $4440.00 for period ending 2/27/87. Pay from 1985 Constr. Fund---409-000-169-12-00 8,605.00 SEPPALA & AHO OF FL., INC. 176,181.00 Phase I Communication and Dispatch Center Project #85906. Application #8 and #9 for period to 3/24/87. Pay from Bldg. Improve. Fund---304-i94-519-60-29 88,090.50 " " " " " 304-211-521-60-29 88,090.50 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD City's portion of Regional Board bills for Plant Expansion. Pay from 1985 Constr. Fund---409-000-169-12-00 SOUTHEASTERN MUNICIPAL SUPPLY 3 20 X 12 Tapping Sleeve Lift Stations 317, 356 & 359. Pay from Water & Sewer Rev---401--351-535-40-3F Coumncil approved 2/3/87. TECHNICAL ADVISORY SERVICE, INC. Expert Witness fee - Overby v. City of Boynton Beach Pay from General Fund---001-141-514-40-68 3,818.40 4,725.27 1,630.00 UNIJAX, INC. Maintenance supplies for various departments. Pay from various departments in city. 1,897.88 VAN WATERS & ROGERS Insecticides, Dursban, Oftanol, Orthene for Golf Course. Pay from Golf Course---411-726-572-30-61 1,809.80 CLUB CAR Lease and maintenance for 30 carts for month of March,1987. Pay from Golf Course---411-727-572-40-33 628.50 " " " " 411-727-572-40-99 1590.00 2,218.50 ALL-RITE ENGINEERING EST. #4 Cherry Hill Improvement Phase III Pay from General Fund---001-000-115-87-00 Reimbursable from Community Development of Palm Beach County. 92,813.17 COUNCIL APP OVE : 23. 24. 25. 26. 27. 28. 29. 30. FLORIDA POWER & LIGHT COMPANY Damages done accident ~2/9/87 by city employee. Pay from General Fund---001-195-519-40-49 GERAGHTY & MILLER, INC. For professional services 2/1/87 thru 2/28/87 Western Wellfield. Pay from 1985 Constr. Fund---409-000-169-12-00 NEPTUNE METER COMPANY 500 Water Meters for Water Distribution. Pay from Water & Sewer Rev---401-333-533-60-51 "Bid Item" S.G. PHILLIPS CONSTRUCTORS OF FL.,INC. EST.#19 Construction of Plant Expansion Project-SCRWTD Plant City of Boynton Beach's portion. Pay from 1985 Constr. Fund---409-000-169-12-00 SIEMON, LARSEN, MATTLIN & PURDY Professional services rendered during month of February, 1987 Re: Tradewinds v. City of Boynton Beach Pay from General Fund---001-141-514-40-61 SOUTH FLORIDA MACK TRUCKS, INC. 1 Front End Loader for Sanitation Dept. Pay from Vehicle Service Fund---501-193-519-60-88 Per bid 11/17/86, Council approved 12/2/86 SOUTHEASTERN MUNICIPAL SUPPLY 5000' pvc Pipe & accessories for Water service casings for N. Seacrest. Pay from Water & Sewer Rev. various funds. "Best of (3) quotes" WEEKLEY BROTHERS APPL. #6 Phase I Temporary Parking Lot Pay from Building Improve. Fund---304-451~545-60-29 2,043.00 6,389.06 13,100.00 24,019.50 2,965.20 80,576.00 4,086.80 16,841.30 COUNCIL APPROVED: Meeting: 7- '7 The bills described have been approved and verified by the department heads involved, checked and approved for payment by the Finance Director. Grady W. Swann, Finance Director I therefore recommend payment of these bills. Peter L. Cheney, City Manager APPROVED: