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Minutes 03-03-87MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, MARCH 3, 1987 AT 7:30 P. M. Nick Cassandra, Mayor Carl Zimmerman, Vice Mayor RalPh Marchese, Councilman Ezel~ Hester, Councilman Dee Zibelli, Councilwoman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond Rea, City Attorney Mayo~ Cassandra called the meeting to order at 7:30 P. M. The ~nvocation was given by Councilman Hester, followed by the Fledge of Allegiance to the Flag led by Councilman Marcnese. ~GEN~A APPROVAL City Manager Cheney added "B. Summer Youth Program" and "C. ApprOval of Sign at Joint Quilt Show sponsored by the Women's Club and the Library under "ADMINISTRATIVE". Under "BIDS", he a~ded the approval of two paving projects. Bill Sullivan, City PurchaSing Agent, had asked City Manager Cheney to delete "B,1 and 2 under "Bids" on the "CONSENT AGENDA". FOr some reason, Mr. Sullivan wanted to look into them further. .Under "LEGAL, D, Other", Mayor Cassandra added "Information to Council on Lawsuits Received Today". Vice Mayor Zimmerman moved, seconded by Councilwoman Hester, to accept the Agenda as corrected. Motion carried 5-0. ANNOUNCEMENTS Mayor Cassandra read the following Announcements: Boynton's G.A.L.A. - March 6, 1987 through March 8, 1987 in the Civic Center vicinity 2. City of Boynton Beach General Election, March 10, 1987 City of Boynton Beach Run Off Election, March 24, 1987 (if necessary) Installation of newly elected Mayor and Commission and selection of Vice Mayor - March 26, 1987 Mayor Cassandra read the following Proclamations: - 1 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 a) b) Palm Beach County Sports Hall of Fame Day - March 1, 1987 Disabled American Veterans Forget-Me-Not Day - March 13, 1987 CITY MANAGER'S REPORT Potential Moving of City Hall City Manager Cheney announced that he and the Council were meeting Saturday morning, March 7, 1987, at 8:30 A. M. to visit two potential office spaces for moving City Hall from this location to another location for approximately 15 to 18 months starting sometime in June or July. He informed the press that they could also go. Lawsuit Against City In Connection With An Arrest City Manager Cheney reported that he was at the County Courthouse most of last week sitting in on a case where he and the Sheriff were sued in connection with an arrest they made in March of 1979. A person the City arrested went to jail and committed suicide in the jail. The City and the Sheriff's Office were both found to be not liable and, therefore, no award was made against them. There is a chance that there will be an appeal. City Manager Cheney hoped it was a dead issue but added that some of these issues can go on for a long time before they are settled, and it was a reminder that every day the City is subject to a suit from somebody. He told about a Department of Trans- portation case. Changes in Trash Program City Manager Cheney reported that the City is now taking all of its garbage to a transfer station in Delray Beach. However, the City cannot take its horticulture and trash there. As of today, the City is taking all of that to the Dyer landfill. In the past, it has taken the City about an hour for a round trip on trash to the Lantana land fill. Today, it took about 1½ hours to one hour and 40 minutes for a round trip to the Dyer landfill. That obviously will have an impact on the CitY's program. City Manager Cheney said the City will watch it for a few weeks to see if they will have to keep going to Dyer. He did not know if it would mean the City should add a truck - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 or two, so it can keep the tractor and loaders going, or if there would be some other alternative. Award for Budget Presentation For the second year in a row, which was only the second time they applied for it, the City received the Government Finance Office's Award for its budget presentation. The City has received the Financial Presentation Award for several years. Spill of Liquid Waste Material - Chanteclair City Manager Cheney informed the Council that the City had a spill of what they assume (until they get the lab test) to be hazardous liquid waste material that was accidently spilled on the Chanteclair area last Monday. The City has worked on it and worked with the neighbors to investigate what the material was. The spill was on private property, and the City has taken up some pavement and grass and cleaned up all the area that appeared to have the material. City Manager Cheney reported that George Hunt, Assistant City Manager, was at a Neighborhood Citizens Meeting at Chanteclair tonight, and he thought they were satisfied with what was happening. The City has obtained some costs and will attempt to bill those costs back to the insurance company for the truck owner. City Manager Cheney continued that one of the bids he wants to add for the Council's approval later on is for $1,160 to repave the part of the street and the private property the City dug up. The City will replace the grass and other things itself and will bill the company that owns the material that was spilled. City Manager Cheney thought it was an accident. The person that lives there had his truck there. The liquid tipped over in his truck, spilled on the ground, and was very noxious. Pavinq of Street By Parkinq Lot East of School The other bid City Manager Cheney added to the agenda is to finish the paving of the street by the new parking lot east of the school. That parking lot will be finished in time for G.A.L.A. - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 Legal Fees Councilwoman Zibelli thought she asked that it be in this City Manager's Report about the legal fees. She asked if the Council people with individual lawsuits need their own Attorney. If so, she wondered who would pay for that Attorney. Mayor Cassandra requested that Councilwoman Zibelli hold these questions until "LEGAL, D, Other" comes up on the agenda because he had the same questions. The City Manager's report was accepted as presented. PUBLIC AUDIENCE Mayor Cassandra announced that those people wishing to speak on an item not on the agenda or on the agenda should have filled out one of the forms in the back of the room. If someone had not filled out a form but wished to speak, he would allow them to speak after those people that filled out a form. If someone wished to speak about an item on the agenda, Mayor Cassandra said he would call the person's name when that item comes up. School Boundaries Barbara Kruger, 2563 S. W. 10th Court, has lived in the Golfview Harbour section of the City for 17 years. She has had children attending Plumosa Elementary School for 12 of the last 15 years, where they received an excellent educa- tion, but they were taught safety, etc. by Delray Beach Police and Fire representatives. They participated in Delray Beach programs. As far as Mrs. Kruger's children were concerned, Boynton Beach was a mailing address. As a member of the Parent Teachers' Association, Mrs. Kruger told of projects she worked on for Delray Beach. She accepted going to another city because she thought students were bused to provide integrated schools. Last week, Mrs. Kruger attended a meeting regarding school boundaries, and her eyes were opened. An advisory group to the School Board had recommended that Golfview Harbour students be changed from Plumosa to Spady in Delray Beach. Boynton Beach ~id not have a representative on the Advisory Board, which was made up of 12 people from Boca Raton and four from Delray Beach. At this meeting, Mrs. Kruger was made aware that South County is not fully integrated, and she explained. She felt Boynton Beach children were being bused to Delray Beach for the convenience of Boca Raton. - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 Mrs. Kruger said Boca Raton is succeeding in having all of Boca Raton children go to Boca Raton, and she elaborated. If Boca Raton students can go to Boca Raton schools, Mrs. Kruger wondered why all of the students living in the City limits of Boynton Beach could not go to school in Boynton Beach. Mrs. Kruger called the Boundary Department of the School Board and asked how many students from Boynton Beach are bused to schools in Delray Beach. She was informed there were not any, and she elaborated. Mrs. Kruger reported that the School Board even said Golfview Harbour and Chapel Hill are in Delray Beach. Mrs. Kruger visited the School Board offices, and she presented a paper to the Council that was a summary of her visit. Mrs. Kruger said there are five elementary schools within the City limits of Boynton Beach housing 3,360 students. Those school boundaries go west to Military Trail and north to Hypoluxo Road. However, two pockets in Boynton Beach go to Delray Beach. In the north end of Boynton Beach, in the middle of the Rolling Green section, Mrs. Kruger said there are 48 stu- dents who are bused from Boynton Beach to Lantana Ele- mentary. Since 48 students are taken away from Boynton Beach, 48 students are brought from Delray Beach to Rolling Green. Boynton Beach schools were still not up to their number, so they went to Florida Gardens, near the turnpike in Lake Worth, and 276 students are being bused to Boynton Elementary. In the meantime, Mrs. Kruger said Delray Beach is busing 333 students out of their city and are busing in 318. Up until next year, Boca Raton will be sending 200 students into Delray and around 200 students from Delray will be going to Boca Raton. Mrs. Kruger said students from Boynton Beach go to four dif- ferent middle schools and three different high schools. She thought it was interesting to read in a newspaper that students from Poinciana Elementary will be sent to a new school miles west of Military Trail, just south of Hypoluxo Road, which is considered to be in Boynton Beach, when there- is a school on the boundaries of Boynton Beach that those kids could be going to. Mrs. Kruger pointed out that Boynton Beach is an integrated city, and can certainly provide integrated schools for its - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 own children. The boundaries for next year will be announced on April 15th. As soon as that is done, Mrs. Kruger stressed that the City needs to form a committee of civic leaders to study the maps, compile the figures, and then approach the School Board and say what the City of Boynton Beach wants and deserves. Mrs. Kruger suggested a civic program such as crime prevention, safety, school sports, and academic competition for students. She expounded. There was loud applause. Mayor Cassandra expressed that he too was concerned. His grandchildren go to Plumosa. Mayor Cassandra attended the same meeting Mrs. Kruger attended and was also very shocked w~en he listened to the Advisory Committee. He said Golf- view Harbour and people throughout the City are concerned about students being bused outside of this area. Mayor Cassandra urged the Council to consider supporting Mrs. Kruger's fight for the children of Boynton Beach and asked if they would consider a Resolution in the very near future, after the boundaries come out. He elaborated. Councilwoman Zibelli agreed and felt because there is a totally integrated neighborhood in the north end, there was no reason why those students had to be bused out of their school district. Mayor Cassandra advised that they have to wait until they can see what the districts are. He recommended that Councilman Hester and Councilwoman Zibelli strongly support this concern to whoever is on the Council in April. Vice Mayor Zimmerman had worked in the School District for many years and stated that the School Board operates by ignoring City boundaries. The School Board is set up by a County basis, and he thought that was why these problems occur. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. CONSENT AGENDA A. Minutes 1. Regular City Council Meeting Minutes of February 17, 1987 2. Special City Council Meeting Minutes of February 24, 1987 - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 B. Bids - Recommend Approval - Ail expenditures are approved in the 1986-87 Adopted Budget 1. One (1) New 1987 Industrial Rubber Tired Diesel Tractor/Loader - Public Works 2. One (1) Tractor Power Unit Model V-440 with two (2) attachments - Utilities These items were DELETED from the agenda. "AGENDA APPROVAL". See page 1, C. Resolutions 1. Proposed Resolution No. 87-K Re: Consenting to trans- fer of Cable Franchise - Group W to Comcast Cable- vision Corporation of Florida "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, CONSENTING TO THE TRANSFER OF A CABLE TELE- VISION FRANCHISE FROM GROUP W. CABLE, INC. TO COMCAST CABLEVISION CORPORATION OF FLORIDA, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" 2. Proposed Resolution No. 87-L Re: Release of $5,000 Cash Bond for Fill Permit for 9 Bay Industrial Ware- house located at 3100 South Congress Avenue "A RESOLUTION TO RELEASE ~A $5,000.00 CASH BOND POSTED FOR RESTORATION IN CONNECTION WITH AN EARTH FILLING OPERATION AT 3100 SOUTH CONGRESS AVENUE" 3. Proposed Resolution No. 87-M Re: Release of Restoration Bond - Post Landing PUD (north of NW 22nd Avenue & west of Conqress Avenue) "A RESOLUTION TO RELEASE A $7,332.00 BOND FOR RESTORATION FOR FILLING PERMIT FOR THE POST LANDING P.U.D. AS PLATTED ON SHEETS 191 AND 192 IN BOOK NO. 54 OF PALM BEACH COUNTY RECORDS" 4. Proposed Resolution No. 87-N Re: Final Plat - Catalina Centre Plat 92 (North of Boynton Canal, west of Congress Avenue) "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROV- ING THE FINAL PLAT FOR CATALINA CENTRE, PLAT NO. 2 IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST" - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 D. Development Plans None. E. Approve purchase of and location for Chamber of Commerce Pilot Project for trash containers ............... TABLED See page 13. F. Approve authorization to dispose of records 1. Personnel Department - 976 2. Library - 977 3. Fire Department - 974 4. City Clerk's Office - 978 G. Confirm recommendation of Recreation & Park Board relative to not playing golf at Jaycee Park Attached to the memo dated February 25, 1987 from Charles C. Frederick, Director, Recreation & Park Department, to City Manager Cheney was a copy of the minutes of the Recreation & Park Board meeting of February 23, 1987 reflecting the Board's recommendation. H. Approve Landfill Entrance Lease with Thomas & Linda Coffey and Jack & Patricia McGreqor By memo dated March 3, 1987, City Manager Cheney wrote that the City staff recommended that this lease be continued for another year. I. Approve contingency transfer of $3,000 for Atlantic High SchOol Eagle-ettes J. Approve amended Cemetery Rules and Regulations The Rules, as amended by the Cemetery Board at their meet- ing of February 24, were attached to the memorandum dated February 25, 1987 from Betty S. Boroni, City Clerk, to City Manager Cheney. K. Approve proposal for additional survey work at Old Waste Water Treatment Plant In his memo of February 26, 1987 to City Manager Cheney, Tom Clark, City Engineer, recommended approval of the proposal from O'Brien, Suiter & O'Brien, Inc., Delray Beach, at a cost of $5,270 for all of the survey work. - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 L. Approve request for zoning approval for Alcoholic Beverage License Bobbie's Fast Food Market 1103 North Federal Highway Boynton Beach, Florida 33435 Bert Keehr, Deputy Building Official, by memo dated -February 24, 1987, advised that zoning at the above address permits the sale of beer and wine for off premise consumption. M. Approve Water Service Agreement - Chris Evert-Lloyd/ Wilson B. Greaton, Jr. Parcel - (Southeast corner of Hypoluxo Road and Military Trail) By memo dated February 18, 1987, addressed to City Manager Cheney, Carmen Annunziato, Planning Director, recommended that the amended agreement be approved. City Manager Cheney explained to the Council that the amendment is an amendment of uses more than anything else and does not affect the quantity of the water being used. Both John Guidry, Director of Utilities, and Mr. Annunziato looked at it and recommended approval, but, in his judgment, City Manager Cheney thought it was a terrible site plan. He added that it was one of the worst site plans they could have put forth, and it had the biggest mixture of uses on it that they could imagine. City Manager Cheney commented that it is probably way out beyond the City boundaries from the point of view of ever being in the City. He told Mayor Cassandra the chances of ever going beyond Lawrence Road in that area are "pretty slim" because of the development taking place there. If the Council wanted to delay discussion and get reports on it, City Manager Cheney wondered whether they could not approve it. On that basis, he suggested that maybe they should table this and study it more because City Attorney Rea had not been with the City long enough to get involved with some of the utilities. City Manager Cheney was not sure hat City Attorney Rea's opinion was or would be about the ity's ability to hold this up until the City gets a site plan they think is better. Mayor Cassandra thought one thing they argued "way back when" was that when the City gave water and sewer, they would get a site plan. The County would not approve it - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 unless the City gave the project water and sewer. City Manager Cheney said they would then be relying on the County having enough judgment to require a good site plan or agree- ing with the City on what a good site plan should be. After discussion, Councilman Hester pointed out that it is in the City's service area. Mayor Cassandra just did not feel happy with what was going there. Councilman Hester thought they should table it. (See "Motions" below.) After Councilwoman Zibelli's motion to table this matter, Kieran Kilday, Kilday & Associates, Landscape Architects, 1551 Forum Place, West Palm Beach, representing the petitioners, who are now going through Palm Beach County, thought the issue of water and sewer was very clear. He felt he needed to allow the Board to know what plan was originally approved on the site. In the old days, Mr. Kilday recalled they got a water and sewer agreement and it did not tie in a site plan. As a courtesy, they always supplied their site plans and told what was new. He wished to bring the Council up-to-date and answer their questions. If he did not, he stated he would come back again. Mr. Kilday showed the plan that had been approved and said it was the plan which was approved by Palm Beach County. There was a Water Service Agreement to service the site, which is 100% utilization of the site. The plan they sub- mitted to the City was the result of taking a portion of a site and putting it into a mini-warehouse storage facility, which resulted in the original water and sewer requirements to the site. In doing that, the one site will be a storage area that people will not be able to see into. The exist- ing retail will be reduced significantly, which allows for a bank and a fast food area, as well as retail on the balance of the site. Mr. Kilday said the net result, in terms of the major comment regarding landscaping brought up by the City Staff was that the original plan, which was approved and signed off, and could go to the Building Department, does not meet the City's Code or the County's Code. The plan they are now submitting to Palm Beach County is a plan that meets the Palm Beach County Zoning Code that was adopted in June of 1986, and it reduces the amount of water and sewer requirements from what was originally approved on the site. - 10 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 Mr. Kilday commented that he is trying to meet Palm Beach County's requirements and is trying to be a good neighbor to Boynton Beach. He wanted to clarify that they are in the service area. The other plan was approved by the Council about 18 months ago and is the plan of record. The new plan was a significant reduction in terms of not only water and sewage but overall utilization of the property. Mr. Kilday requested that the Council approve the amended Water and Sewer Agreement. If the Council approved something within the City and nothing was done in 12 months, Mayor Cassandra asked if that person would have to reapply again. Mr. Annunziato answered affirmatively. Mayor Cassandra questioned whether they had anything to cover 18 months. Mr. Annunziato replied, "Not unless something was approved in the water and utilities service area." Mayor Cassandra asked if the City gets less strict for someone outside of the City than for someone inside the City. Mr. Annunziato referred to Mr. Kilday serving two masters (Palm Beach County and the City). There is almost a different set of review criteria, depending on whether a project is likely to be annexed. The City has taken the position that the project is likely to be annexed and there are not only the Comprehensive Plan requirements but the City's zoning requirements as well. Mr. Annunziato further explained and said the Water and Service Agreements were drafted so that the Council would have an opportuntiy to comment on developments in the County that the City will serve or that will sometime have a future potential of being in the City, the intent being that if they are annexed, they will have some conformity with the City standards. Mayor Cassandra asked if the first one approved by the City only had retail stores and wondered if the fast food chain and the gas station were on there. Mr. Kilday answered that the fast food chain was, but the gas station was not. Attorney Rea interjected that a copy of the signed agreement was in the agenda packages of the Council, and he said the applicable provision was in paragraph 12, which dealt with site plan approval and the provision of water and sewer. City Attorney Rea thought one of the things the City really had to consider was whether or not that site plan was substantially modified from what was originally approved. - 11 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 In many respects, he thought there was a two pronged evalu- ation process the Council would have to consider. One would be the quantity of water and sewer, which Mr. Kilday said had dropped. There were other reasons for the site plan approval process as well, and Attorney Rea said those should be considered as to whether or not that site plan being considered in the County effectively is substantially different from that which was approved in concept by the City, and whether or not that change is so substantial that the intent to enter into a binding agreement no longer exists. Mr. Kilday thought what they were saying was that they could see there will be a change, but everything about the change has been an upgrading because of all the upgrading of Ordinances, so the site plan not only resulted in a reduc- tion of land use intensity, water, sewage, and traffic, but it also resulted in an increase of performance and aesthetics, such as landscaping requirements around the perimeter and the interior of the site. Mr. Kilday had a copy .of the City's staff comments and said they will have to accommodate those requirements. From that standpoint, he thought the City was being protected. Mr. Kilday's problem was trying to go through two different site plan approvals, and he commented that the County and CitY requirements are probably similar. Mr. Kilday further commented. See motion under "Motions" below. Mr. Kilday asked if that would put them on the next agenda. City Manager Cheney answered affirmatively. N. Approval of Bills See list attached. Motions Before there was any discussion on the Consent Agenda, as shown above, Councilman Hester moved, seconded by Councilman Marchese, to approve the Consent Agenda, items A, 1, 2; C, 1, 2, 3, 4; F, 1, 2, 3, 4; G; H; I; J; K; L; M; and N. Councilman Hester removed his motion, and Councilman Marchese removed his second. - 12 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 Councilwoman Zibelli moved to remove item E from the table and to TABLE item M, seconded by Councilman Hester. See item M. A vote was taken on the motion, and the motion carried 5-0. E. Approve purchase of and location for Chamber of Commerce Pilot Project for trash containers ........ TABLED Mayor Cassandra complained that he is either receiving 20 copies of one memo in his box, or he is not receiving any He stated he had not received this memo. Bob Fauser, 125 S. E. 6th Avenue, asked if these are the trash cans that will cost $750 apiece. Mayor Cassandra answered affirmatively. As a taxpayer, Mr. Fauser was opposed to spending that much money for trash containers. Mr. Fauser asked if they were talking about buying four containers. Councilwoman Zibelli answered that there were to be four. City Manager Cheney advised the cost would be $3,000. Mr. Fauser read from the Sunday paper what different department stores were offering for $799, such as a 19.1 cubic foot refrigerator/freezer by Sears. Although he had a great deal of respect for members of the Boards working on downtown development, Mr. Fauser had to say he was opposed to spending this much money for a garbage can. A man in the audience recalled that at the last meeting, it was stated the containers would be the size of an average garbage can. He concurred with Mr. Fauser that the Council should not approve this expenditure. There was applause. Mayor Cassandra did some research and said somehow, the Council approved the concept, but the question of money never came up. City Manager Cheney thought it was important that the public understand there was a history about this, and the proposal was not just a whimsical kind of thing. Mayor Cassandra read a memo addressed to the Council from City Manager Cheney, dated March 2, 1987. (A copy of said memo is attached to the original copy of these minutes.) City Manager Cheney said one thing that came up since then was addressed at the last City Council meeting. Two of the containers will be in the Central Business District (CBD) and two will not be in the CBD. City Manager Cheney believed - 13 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 Owen Anderson, Executive Vice President, Greater Boynton Beach Chamber of Commerce, said the two that will be in the CBD will meet the CBD standards, and the other two will be a different kind. In a way, City Manager Cheney said that will give them a chance to compare the survivance of two kinds of containers. City Manager Cheney pointed out that the $750 came out of the design standards the City adopted three years ago as street furniture, and the City expects all private developers to use Purpleheart wood on their properties. Purpleheart wood is long lasting, difficult to crack and mark up, and is resistant to the weather, etc. It was a good idea when it was proposed, but now that the City has to spend the money, City Manager Cheney said it is a different situation. Mayor Cassandra was not adverse to buying two and trying them out in the CBD area and not in the outside area. If they look good, then five months down the road, they could buy the other two. It might be advantageous to at least show that something is being done and have an effect on the community. Councilwoman Zibelli asked if the other people in that area were willing to spend that money for the same type of recep- table. City Manager Cheney thought Virginia Foot, of the Downtown Review Board (DRB) could answer that question, and added that sometimes it is an issue of meeting standards which have been adopted. If that is a standard, it is a requirement. City Manager Cheney did not know whether the issue of trash containers or providing street furniture on private property had come before the DRB or not. Mayor Cassandra recalled that at the budget hearing, the City agreed to an expense of $3,000. He thought they should give it a chance. Not many people were there, but Council- man Hester thought that was when it should have been addressed. Most people seem to be concerned about the down- town. It was approved in concept then that it was part of the downtown landscaping. Virginia Foot, 2400 S. W. 1st Street, Chairwoman of the DRB, has been active since the inception of the DRB. She said the Purpleheart wood was chosen and recommended to be used for trash containers, benches, and whatever throughout the entire CBD area. Mrs. Foot informed Mayor Cassandra that it is being used for Water's Edge. - 14 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 Mrs. Foot advised that Purpleheart was chosen for its dura- bility in our climate, both from the heat, sun, water, van- dalism, and storm conditions. In the beginning, they real- ized the cost was more but it does not have to be replaced. Mrs. Foot also talked about how benches are planned in the downtown and said they would be safe for people to sit on. The wood was also chosen to be the same on all of the street amenities throughout the downtown area. It will not have to be stained but will age gracefully. Mrs. Foot explained and then told of other woods the DRB looked at and of how they were told one type of wood would not work. There was discussion. Councilman Marchese suggested they go with the two and see what happens. City Manager Cheney explained to Vice Mayor Zimmerman that many things that will be done in the downtown area are special because they highlight the downtown. Other kinds of things can~be done elsewhere. In response to a question from Councilman Marchese, City Manager Cheney said he was relying on the Chamber's report that they will try the two downtown and see what the results are. There was more discussion. Mayor Cassandra informed Mrs. Wilda Searcy, who was in the audience, of the boundaries of the CBD. Mr. Ben Uleck, also in the audience, asked where the containers would be. Mayor Cassandra replied that they will be in the CBD area, but where they will be will be up to the Chamber of Commerce's Beautification Committee. Robert Zimmerman, 811 S. W. 18th Street, asked if the $3,000 expenditure was being funded by the taxpayers of Boynton Beach. Mayor Cassandra answered affirmatively and explained. Mr. Zimmerman wondered what the reception of the taxpayers would be if they see in the newspapers that the City Council approved $3,000 for garbage cans. Mayor Cassandra hoped they would take it in the proper context and know that the Council is concerned with the beautification of the downtown. They are not going to pay for the four yet, but are paying $1,500. If the idea works, Mayor Cassandra thought the people who were negative would come on the City's side. He further commented. Mr. Zimmerman asked if any bids were received on this. As far as City Manager Cheney knew, only one supplier makes this because of the nature of the wood. Mayor Cassandra was positive the Purchasing Department would investigate to see if there is more than one person. He elaborated. - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 Vice Mayor Zimmerman moved, seconded by Councilman Marchese, to authorize the expenditure for two trash containers in the downtown area. Councilman Marchese seconded the motion, and the motion carried 5-0. Councilman Hester moved, seconded by Councilman Marchese, to approve the Consent Agenda, items A, 1, 2; C, 1, 2, 3, 4; F; G; H; I; J; K; L; M; and N. Motion carried 5-0. BIDS Approval of Two Paving Projects 1. Repave part of street and private property the City tore up at Chanteclair $1,160 2. Finish paving of street between new parking lot next to the school 2,380 Councilman Marchese moved to approve the Bids and the payment of $1,160 and $2,380, seconded by Councilman Hester. Motion carried 5-0. PUBLIC HEARING City Manager Cheney confirmed Mayor Cassandra's statement that there was no public hearing at this time. _Mayor Cassandra wished to raise a question of personal privilege, and he passed the gavel over to Vice Mayor Zimmerman under Robert's Rules of Parlimentary Procedures, page 194, page 119, in case anyone was curious. Mayor Cassandra was concerned that lately, people read in ~the newspapers that he is being sued, and the City is being sued. He said he would talk about the lawsuits under the other item. Mayor Cassandra was concerned because he felt he was being slanderd, harrassed, and threatened by the fear of $15,000,000. He was concerned for the City because he believed there was an effect to influence this election. Mayor Cassandra feared for the City and was concerned that every time this Council or Councils in the future vote on something a developer does not like, the developer will sue. He asked if the City does not stand up for its own Comprehensive Plan, as recently bonded by the Palm Beach County Commissioners, why they should have a Comprehensive Plan. Mayor Cassandra feared for every person on the dais, if they start getting the fear that if they vote their - 16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 convictions, whatever they might be, they will be sued, and they will not give an honest evaluation. Mayor Cassandra was concerned when he met with this developer to not get himself into a predictament. He has met with all developers at City Hall with a staff member present, be it the City Manager or the Assistant City Manager, or anyone else designated by the City Manager. Mayor Cassandra only spoke for himself, and he assumed that everybody else met at the appropriate spot with appropriate people. At that particular meeting with this developer, Mayor Cassandra interpreted a statement given to him by one of the Vice Presidents or owners, and he quoted, "What must I do to get your vote?" He did not know what that meant and said it took Martin Perry, Attorney for Tradewinds, a half hour to explain it to him. Mayor Cassandra took Martin Perry's advice, and maybe he was making a mountain out of a mole- hill, but subsequent until today, he found, felt, and interpreted that was a way to try and buy his vote. Mayor Cassandra made it clear that only he interpreted this. A voice in the audience said, "Right." Mayor Cassandra was concerned that this happened to this City that had no problems before the last eight years. He made this statement for the record, in front of his colleagues and peers, so they would know that everything he has done with this developer has been aboveboard and always will be aboveboard, as he knew and had no doubt in his mind that his colleagues also have done aboveboard. Mayor Cassandra found it rather disturbing at this time that the question of his honesty and integrity should come up in a newspaper in a slander type suit and a harrassment, and he apologized for his colleagues if they were subject to the same type of lawsuits, but he hoped that no matter what happened they would always vote their convictions, whatever they might be, and give him the same courtesy so that he can vote his convictions. There was loud applause. DEVELOPMENT PLANS Approve Application for Excavation and Fill Permit for Lionel Playworld at N. W. corner of Congress Avenue and south entrance to the DeBartola Mall City Manager Cheney called attention to the memorandum addressed to him from Tom Clark, City Engineer, dated - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 February 25, 1987, in which he recommended approval subject to the conditions listed. A copy of said letter is attached to the original copy of these minutes. City Manager Cheney did not think there would be any problem with meeting the conditions and said if the applicants do not meet the con- ditions, they cannot go ahead. Mr. Clark interjected that they cannot build on that muck. In response to a question from Mayor Cassandra, City Manager Cheney said he understood that Lionel Playworld had bought four acres of the seven acre parcel that sits between Sun- point Savings Bank and the Promenade. Mayor Cassandra asked Mr. Annunziato if this was consistent with the City's Comprehensive Plan. Mr. Annunziato answered affirmatively. City Manager Cheney explained that he did not put this on the Consent Agenda because this was the first time the City had addressed this specific use of this out parcel. There was no special problem with it, but he thought it should get the Council's attention. Councilman Hester moved to approve the application, seconded by Councilwoman Zibelli. Motion carried 5-0. THERE WAS A RECESS AT 8:45 P. M. 8:55 P. M. The meeting resumed at LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 86-48 Re: Rezoning - PCD Center (Continued to 3/3/87) City Attorney Rea advised that this should be continued until the next Council meeting. B. Ordinances - 1st Readinq: 1. Proposed Ordinance No. 87-8 Re: Rezoninq - Max Schorr Property City Attorney Rea read proposed Ordinance No. 87-8 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY - 18 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-1AAA (SINGLE FAMILY RESIDEN- TIAL) TO M-1 (LIGHT INDUSTRIAL), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Vice Mayor Zimmerman moved, seconded by Councilwoman Zibelli, to adopt proposed Ordinance No. 87-8 on first reading only. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Cassandra Vice Mayor Zimmerman Councilman Hester Councilman Marchese Councilwoman Zibelli Aye Aye Aye Aye Aye Motion carried 5-0. C. Resolutions None. D. Other Information to Council on Lawsuits Received Today - Requested by Mayor Cassandra Mayor Cassandra announced that he added this to the agenda, and Councilwoman Zibelli had a question she wanted answered also. Today at 6:55 P. M., he received two summons (one as Mayor for the City of Boynton Beach and one against him per- sonally. One of Mayor Cassandra's questions to City Attorney Rea was the same question Councilwoman Zibelli raised, and that was what does the City do? Does it countersue? Does it counter- sue with the three Council people also named as in total? Is it individually, etc.? Mayor Cassandra also wondered who would pay for it. City Attorney Rea wished to backtrack a little bit and said the City had a hearing on Monday before the Court related to Tradewinds' motion to vacate the automatic stay the City is allowed by law and to, in the alternative, require that the City post bond. The Judge has requested that both parties submit additional authority supporting each side of the issues, and he will take it under advisement. - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 City Attorney Rea continued that the deadline is Friday (March 6, 1987) for those items to be submitted to the Court. Arguably, they were to be in the mail on Friday, so he said the City would expect some type of decision from the Court some time next week. It depends on the workload. City Attorney Rea thought one of the considerations in many respects to this separate piece of litigation was that it intertwines with what is already continuing and the ultimate decision taken presently before the Circuit Court. He stated that there was no question that the one Mayor Cassandra received today would have a very dramatic bearing upon the outcome of this litigation. City Attorney Rea said the case amounted to a four count complaint and, in many respects, the four counts were defined. Count I is a breach of an agreement, or a breach of contract as an agreement, count. Count II is a promissory estoppel. City Attorney Rea explained, "That is a legal argument that, even if we don't have the agreement, we relied on the City's conduct, and we changed our position to our detriment. Therefore, we should be compensated for damages." In many respects, City Attorney Rea said Count I and Count II are alternative complaints and explained that if you can recover under a breach of an agreement, you do not rely on the second Count to seek recovery. Counts III and IV are, from a liability point of view, somewhat more proble- matic. City Attorney Rea stated that they were talking about very complicated case law and were dealing with Federal Statute 1983, Sec. 1983, according to the U. S. Code. City Attorney Rea advised that the City had twenty days to answer this. For the most part, with other litigation of a similar fashion, when a governmental agency is sued for breach or a violation of Sec. 1983, oftentimes when the "legislative" body and its individual members are sued in their individual capacities as well, it is a standard technique under this type of litigation. City Attorney Rea continued by saying the general procedure would be that in Counts III and IV, the City wOuld provide an Attorney for the City and the individual defendants as well. Up until such time, if it develops that a potential conflict results, which generally does not occur, the City is capable of defending it with one Attorney to handle the whole matter. - 20 - MINUTES - REGULAR CITY COUNCIL MEETING~ BOYNTON BEACH, FLORIDA MARCH 3, 1987 From a practical point of view, City Attorney Rea thought, since the City was dealing primarily with a Federal Statute and an alleged violation of that Statute, the City would be advised to move this into the Federal Court system. That again would be a litigation decision to be made by the Attorney handling this. City Attorney Rea said a certain amount of research has to be done just to simply get geared up to answer any type of- complaint. From the way he looked at it, his first quick evaluation was that, for the most part, it is plain that the Tradewinds people are suing the City under Count I for their exercise of the legal right to appeal. City Attorney Rea personally doubted that had any legal substance, but added that the Courts certainly do not necessarily listen to what he has to say on a particular issue. City Attorney Rea thought what the City might have to con- sider first, which would be a litigation just to do that consideration primarily, was how to answer this. He said they would answer it in a formal fashion, probably after they have it removed to Federal Court. The Attorney may want to consider the opportunity of filing some kind of cross complaint for a possible breach of process which, if the City gets over the first number of hurdles, will show them that this complaint has no bearing whatsoever, or, in fact, is designed to augment the other litigation in a fashion that is really more formal in substance than a due process counterclaim may be. Again, there is a lot of deci- sion making that has to be laid out on a policy basis'from a litigation standpoint. City Attorney Rea said the City would be likely advised to pick up the legal fees for the three individually named defendants until such time as the plaintiffs prove their case. Certainly, unless the plaintiffs can prove their case that the individual defendants acted maliciously and with intent to specifically violate Tradewinds' constitutional rights, due process, etc., the City would be able to pick up the legal fees. City Attorney Rea thought one other thing to consider was that the counterclaim the City might file, depending on litigation strategy, may possibly come under the RICO Act, which would provide for an Attorney's fee as well to the City, if the City is successful. - 21 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 Mayor Cassandra asked what the RICO Act is. Based upon some of the things he heard tonight, City Attorney Rea answered that if those allegations can be proved, they would be talk- ing about the RICO Act, which is fairly complex. He apolo- gized for talking off of the top of his head, but he believed RICO stood for Racketeer Influenced and Corrupt Organizations Act. Right from the surface, it appeared to City Attorney Rea that a counterclaim would need to be filed but he said once you get in the Court system, anything is game, so to speak. City Attorney Rea thought the first step would be to move this into Federal Court from the Circuit Court. Mayor Cassandra noticed City Attorney Rea mentioned 20 days and questioned whether City Attorney Rea automatically does that in 20 days. City Attorney Rea replied he would do it in 20 days. Councilwoman Zibelli questioned whether the City would be paying for this. City Attorney Rea answered affirmatively. Councilwoman Zibelli then asked how much insurance protec- tion the City has for the Council for this type of thing. City Manager Cheney replied that he had asked City Attorney Rea that question and said the City now has to look at the suit and its insurance policy and ask City Attorney Rea to give an opinion as to what they do have, as he was not sure. City Manager Cheney added that the City has all it could get in the past, and they would have to see if it covered the specifics of this kind of situation. City Attorney Rea believed, for the most part, that the insurance coverage deals with negligence rather than these types of actions. He promised Councilwoman Zibelli that he would bring a report back to the next meeting. As City Manager Cheney understood it, this was not a negli- gence case primarily. City Attorney Rea agreed and said this was alleging intentional conduct with an intentional breach of agreement. It was an intentional violation of Sec. 1983. Mayor Cassandra asked if that was the first portion against the City. City Attorney Rea answered that it was. Mayor Cassandra commented that the second portion against the three individuals was a whole different type of proceeding. City Attorney Rea explained that they are intertwined and, in many respects, from a practical point of view, if one fails, the others would fail. The way these are related to - 22 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 the other litigation that is pending, if the present litiga- tion that is pending before the Court now fails for Trade- winds, this litigation failing would be close behind it. Mayor Cassandra asked if the City could still countersue, even if they fail to show how right the City was. City Attorney Rea answered that it could only cost $72.50 to file the suit. City Manager Cheney added that at the last meeting, he was to report what the City's legal costs of Tradewinds had been up to now. He gave the Council that report, which indicated that up through the end of October, the City had spent $7,456.25. That amount was reimbursed to the City as part of an agreement with Tradewinds, at the time of the agreement that the City entered into. Since then, the City has, up until the end of January, an additional $5,583.05. Mayor Cassandra commented that $5,000 is out of the City coffers. City Manager Cheney said he would keep a running total of this, on a regular basis, at the end of each month when the City gets its bills. Michael Cain, 632 Las Palmas, wished to ask a question. Going along with the countersuit for the City being maligned, he questioned whether there would be a suit in issuance then if this suit was won against Tradewinds. He asked what kind of a chance the City would stand if people themselves were maligned by Tradewinds in a suit. Were the City to win this suit, Mr. Cain asked if the City could then go after Trade- winds as the City or as individuals. He further asked., "With Nick Cassandra, for instance, would the City back him in his suit?" City Attorney Rea replied that it was a difficult question, and he did know if you could slander a city or defame a city for which compensation is required. He somehow doubted it, but he did not know. City Attorney Rea said the City would investigate whatever counterclaims they think are appropriate. Normally what happens is, if the City did have a coun- terclaim or some type of other action to file, generally, they would consider filing it within the same piece of liti- gation. - 23 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 OLD BUSINESS Selection of Consultant to coordinate housing portion of Comprehensive Plan At a Special Meeting, City Manager Cheney said the Council interviewed two Consultants who had been recommended to them by a Pre-Selection Committee. One of those Consultants will be selected by the Council at some point. City Manager Cheney said they will then sit down with that Consultant and work out a detailed scope of services for the project, which is to assist in the preparation of the housing element in the Comprehensive Plan. That contract, when it is negotiated with a specific fee attached to it, etc., will come back to the Council for approval. City Manager Cheney stressed that the Council was not approving the contract tonight, but the Consultant. He elaborated on what the Consultant would do. Mayor Cassandra responded to questions posed by Mrs. Wilda Searcy, sitting in the audience, by assuring her that this would include her part of the City. City Manager Cheney pointed out that the Comprehensive Plan will be developed and prepared over the next two year period, and it addresses all parts of the City. Mayor Cassandra noticed only one representative (Dean Turney, Vice President of Regional Research AssoCiates) of the Consultants was present. City Manager Cheney observed that Bill Finley, also of Regional Research Associates, was present. When Councilman Hester listened to the presentations the other night, Mr. Annunziato asked very pointed questions. Councilman Hester knew one Consultant was local and one was from Jacksonville but, in his opinion, one Consultant was better prepared. Personally, he preferred Plantec of Jacksonville. Councilwoman Zibelli liked the idea that Regional Research Associates, West Palm Beach, is local and also the idea that they would stay with the City and see it through. That and their proximity was very important. Vice Mayor Zimmerman brought out that the issue being researched here on housing has to be done in detail, and he believed Regional Research Associates had the technology set up. They verified that they had on their computers all of the information the Property Appraiser in this County has on every parcel of land. He asked what more they would want to do a research project. It would consume time and effort on the part of the other firm to get it. - 24 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 It appeared to Councilman Marchese as though Plantec had a good track record for getting this kind of consultation completed in good time, and he asked Mr. Annunziato if this was correct. Based on the information the City had, Mr. Annunziato said the answer to the question was "Yes." Mayor Cassandra commented that everyone is able to get statistics. He elaborated and then said he was impressed with Plantec. He was not impressed by the answers that were given by one Consultant when Mr. Annunziato raised good questions. Mayor Cassandra further elaborated. Councilman Marchese moved to select Plantec as the Consultant to coordinate the housing portion of the Comprehensive Plan. Councilman Hester seconded the motion. Vice Mayor Zimmerman realized both firms were very well qualified, but his preference would be the local firm. Councilwoman Zibelli reiterated her prior statements. A vote was taken on the motion, and the motion carried 3-2. Vice Mayor Zimmerman and Councilwoman Zibelli voted against the motion. Mayor Cassandra thanked Dean Turney and Regional Research Associates for offering their services. ADMINISTRATIVE A. Review of Council of Government request for County Cooperative Project for 1987/88 City Manager Cheney said the list the Council had showed some which were specific and some that were general. He hoped both would be addressed. The Council agreed to the list, and Mayor Cassandra determined no action was necessary. B. Summer Youth Work Program Mayor Cassandra drew attention to the memo from Barbara Kruger, Chairwoman of the Community Relations Board, in reference to this program. City Manager Cheney commented that he and Mrs. Kruger had talked the other day about defining the program, and they want to keep at it. Although he was optimistic and positive about it, if it did not work, City Manager Cheney stated it was not something they wanted to consider as a failure. They would have to keep trying - 25 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 until they find the right answer. City Manager Cheney did not want people to have excessively high expectations, and warned that it may not work. Wilda Searcy, 402 N. E. 13th Avenue, urged the Council to get the young folks work and said Federal money is coming in for a work program. She has talked to young people about getting jobs instead of standing on a corner, and they want jobs. Mrs. Searcy talked about Michigan, what she has done, and the United Way. Vice Mayor Zimmerman thought the children should get positive training with the program and not training to the extent where they have the job, do not have to work, and get the check. He explained. City Manager Cheney assured him that every time the City had a summer program, including when it was funded by CETA, the kids were put to work, and they worked all day long. One thing that happened was that the City started at the beginning of the summer with 20 or 25 kids and ended up with 8 or 9. Depending on who the kids are, City Manager Cheney said the City would also like to add other items to the program, such as things that will help the kids understand work life. It may be banking, how to dress, coming to work on time, etc., so they will understand what the work place is like and will be prepared for it. Councilman Hester moved, seconded by Councilman Marchese, to authorize the expenditure for the summer work program. Motion carried 5-0. C. Sign at Joint Quilt Show Sponsored by the Women's Club and the Library Vice Mayor Zimmerman moved, seconded by Councilwoman Zibelli, to approve the sign. Motion carried 5-0. ADJOURNMENT There being no further business to come before the Council, the meeting properly adjourned at 9:29 P. M. - 26 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1987 ATTEST: ReCT~wdiongTa~s~etary CITY OF BOYNTON BEACH, FLORIDA Mayor Councilwoman - 27 - AGENDA MARCH 3, 1987 CONSENT AGENDA - ADMINISTRATIVE ALLEN INSURANCE AGENCY Primary accident policy for police and firemen and renewal of ambulance drivers Malpractice Insurance. Pay from various funds. BRUNO AUTO CENTER, INC. Repair of Irene J. Patterson's vehicle damaged in accident of 12/24/86 involving Sanitation driver. Pay from General Fund---001-195-519-40-49 $ 11,960.00 1,475.92 3. JOHN N. BUSO, P.A. 1,002.65 Professional services rendered Overby v City of Boynton Beach. Pay from General Fund---001-141-514-40-61 4. CLUB CAR 2,218.50 Lease and maintenance for 30 Carts for February, 1987. Pay from Golf Course---411-727-572-40-33 $ 628.50 " " " " 411-727-572-40-99 1,590.00 THOMAS E. & LINDA L. COFFEY Lease for access to City Landfill Pay from General Fund---001-341-534-40-gE ........ 1,2D0~. O0 6. CONTROL DATA CORP. 2,800.00 For LOGIN Services Pay from General Fund---001-121-512-40-7G 7. DAVIS WATER & WASTE INDUSTRIES INC. 10,900.00 Odophos Liquid No. 1 for Sewage Pumping. Pay from Water & Sewer Rev---401-352-535-30-65 8. DECORA OFFICE FURNITURE 2,328.92 Office suplies & furniture. Pay from various funds. 9. GENERAL TIRE SERVICE 1,406.30 10 Ameri/DCL tires for Vehicle Service Fund. Pay from Vehicle Service Fund---501-193-519-30-22 10. HOMRICHNURSERY, INC. 3,000.00 Congress Avenue Tree Planting & Additional Landscaping. Pay from Misc. Trust Fund---691-000-269-20-00 COUNCIL APPt{OV[D: Meet;nF. ~ 11. 12. 13. IBM CORPORATION PC's for several departments. Pay from various funds. JOHNSON-DAVIS INC. Sanitary Sewer Repair for S.E. 1st. Street and Lawson Industrial Park. Pay from Water & Sewer Rev---401-351-535-40-3F JACK L. & PATRICIA A. MCGREGOR Lease for access to City Landfill. Pay from General Fund---001-341-534--40-9E 14. STEVE MOORE CHEVROLET, INC. 1987 Chev. Aluminum Step Van Kurbmaster. Pay from 1985/86 Budget---501-193-519-60-81 Per bid 7/28/86, Council approved 8/5/86 15. NATIONAL TRANSMISSIONS, INC. Complete rebuild transmission & install needed parts for Sanitation Truck #84. Pay from Vehicle Service Fund 501-193-519-40-32 16. NORTH RIDGE DATA, INC. Partial payment per contract specifications for IBM PC for Golf Course. Pay from Golf Course---411-725-572-60-7B 450.00 " " " " 411-000-249-01-00 10,000.QQ . Council approved 1/6/87 17. PIFER.INC. E-Z GO Gasoline Turf Truck & Hydraulic Dump Kit Pay from Golf Course---411-726-572-60-41 Per bid 12/22/86, Council approved 1/20/87 18. SOUTH FLORIDA MACK TRUCK 3 1987 Mack Chassis w/ E-Z PAK, Goliath Rear Loading High Compaction Bodies. Pay from Vehicle Service Fund---501-193-519-60-88 Per bid 12/8/86, Council approved 2/17/87 19. S. G. PHILLIPS CORPORATION EST. #17 Construction of Plant Expansion Project-SCRWTD Plant City of Boynton Beach's portion. Pay from 1985 Constr. Fund---409-000-169-12-00 20. SOUTH CENTRAL REGIONAL WASTE"WATER TREATMENT BD. City's portion of Regional Board bills for Plant Expansion. Pay from 1985 Constr. Fund---409-000-169-12-00 21. WEEKLEY BROTHERS, INC. APPL.#4 & #5 Phase I Temporary Parking Lot Pay from Building Improve. Fund---304-451-545-60-29 33,888.00 19,450.00 1,200.00 23,338.46 2,500.00 10,450.00 6,500.00 210,548.00 46,463.87 18,875.66 20,274.30 COUNCIL APPROVED: vlee in - ,..R =._ ?_ 22. 23. 24. MILLER, MEIER, KENYON & COOPER Architectural services for Boynton Beach Municipal Facilities Project No. 85906. Pay from various departments in Buildling Improve. Fund. ALL-RITE ENGINEERING EST. #2 Cherry Hill Improvement Phase III. Pay from General Fund---001-000-115-87-00 Reimbursable from Community Development of Palm Beach County. HARDRIVES COMPANY Tennis Court resurfacing at Galaxy Park and Pioneer Canal Park. Pay from General Fund---001-722-572-6g-34 Per bid 11/13/86, Council approved 11/18/86 25,687.45 208,636.71 7,102.00 The bills described have been aproved and verified by the department heads involved, checked and approved for payment by the Finance Director. Grad~~or I therefore recommend Da]anent of these bills. MEMORANDUM March 2, 1987 TO: FROM: RE: Honorable Mayor and Members or. City Council Peter L. Cheney City Manager Chamber of Comnerce Pilot Project for Trash Containers The City CounCil at its meeting of FeUruary 17, 1987, requested additional information relative to the Trash Container Pilot Project. On November 7, 1985, the Downtown Review Board recommended specifications for the C~ntral Business District {CBD) landscape & Streetscape Elements to the Community Redevelopment Agency {CRA). The CRA accepted and approved the recommended specifications. Below is the section of those specifications relative to the trash/litter receptacles: Litter Receptacles - Specified litter receptacles are square, constructed of vertical slats of Purpleheart wood, with covered top and side opening, as manufac- tured by Landscape Forms, Inc., in its Cleft Group, wi.th the identity number 51CZ441. At the City Council meeting of November 19, 1985, the Central Business District Master Landscape Plan, which included the CBD Landscape & Street- scape Elements specifications, was unanimously approved by the City Council members present {Carl Zimmerman, Ezell Hester, Jr. and James Warnke}. During the Fiscal Year 1986/87 Budget Hearings of September 8, 1986, the Chairperson of the Boynton Beach Chamber of Commerce Beautification Con~nittee, Gloria Gregory, requested that the City Council allocate $3,500 for a pilot program to purchase trash receptacles and install them in high pedestrian areas of Boynton Beach. She specified the receptacles selected by the DRB-which would cost $760 each. The Fiscal Year 1986/87 Budget, as adopted by the City Council, contains a $3,000 allocation in the General Fund for Chamber Beautification. PLC:jc Peter L. Cheney City Manager TO: FROM: MEMORANDUM VII. DEVELOPMENT PLANS A cc: Plan, Util Bldg Eng February 25, 1987 Mr. Peter Cheney City Manager Tom Clark City Engineer Application for Excavation and Fill Permit for Lionel Playworld at N.B. corner of Congress Avenue and south entrance to the DeBartola Mall Forwarded ~erewith is a letter, dated February 17, 1987, from Ric Rossi, P.E. concerning the subject permit request. The work includes removing approximately 25,000 cu. yds. of muck from the site and hauling approximately 65,000 cu. yds of fill to the site. Prints showing the de-watering plan and earthwork plan are included herewith. Approval of the Council is required for removal of the muck from the site. Staff members from the Planning Dept., Building Dept., and Police Dept. have reviewed the application and approval is recommended subject to the following:- 1. A permit from the Water Management District for de-watering. 2. Posting a $30,000.00 Restoration Bond. 3. A pre-hauling conference with Bldg. Dept., Engr. Dept. and Police Traffic Control Officer. 4. Traffic control devices set in place prior to hauling. Permit from the Building Dept. after application is pro- cessed and fees paid. TAC/ck Attach. Tom Clark