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Minutes 01-06-87MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JANUARY 6, 1987 AT 7:30 P.M. PRESENT Nick Cassandra, Mayor- Carl Zimmerman, Vice Mayor Raffaele Marchese, Councilman Ezell Hester, Councilman Dee Zibelli, Councilwoman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond Rea, City Attorney Mayor Cassandra called the meeting to order at 7:30 P.M. The Invocation was given by Reverend Norman Halliday, Ascension Lutheran Church, and was followed by the Pledge of Allegiance to the Flag, led by Councilwoman Dee Zibelli. AGENDA APPROVAL City Manager Cheney added a Proclamation for United Cerebral Palsy under "OPENINGS, E. Announcements." Mayor Cassandra noted there was a request to remove from the "CONSENT AGENDA" item "B.5. Three Complete Rear Loading High Compaction Bodies Three Chassis for Rear Loading Compaction Body - Public Works" for discussion. Vice Mayor Zimmerman moved to accept the agenda as corrected. The motion, seconded by Councilman Hester, carried 5-0. ANNOUNCEMENTS Mayor Cassandra read the following proclamations: 1. National Volunteer Blood Donor Month - January 1987 2. United Cerebral Palsy Weekend With The Stars Telethon on WPEC-TV 12 - January 17-18, 1987 Mayor Cassandra next presented the Employee Service Awards to the following individuals: 25 Years Carolyn Sims, Recreation Supervisor 20 Years Edward Duffy, Captain, Fire Department James Patterson, Recreation Supervisor Joyce Escoe, Secretary, Police Department MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 198~ 15 Years Fred Alvarenga, Police Officer William Cavanaugh, Fire Inspector Tom Clark, City Engineer Alma Cook, Deputy City Treasurer Thomas Dettman, Captain, Police Department Luddy Gene Kight, paramedic Officer, Fire Department Gil Rahrig, Firefighter Driver Robert Richardson, Fire Lieutenant Edward Sisko, Firefighter Driver 10 Years Daniel Bell, Captain, Fire Department William Hilliard, Equipment Operator, Parks Department Bert Keehr, Deputy Building Official Eugene Lusk, Facilities Management Supervisor Ruth Murphy, Secretary, Building Department Charlene Trail, Clerk, Recreation Department Thomas Wengler, Electrical Inspector, Building Department CITY MANAGER'S REPORT Take Home Vehicle Policy City Manager Cheney first presented a report requested by Mayor Cassandra at the December 16, 1986 City Council Meeting. City Manager Cheney referred to a typed report before the Council members for various statistics, including the fact that 37 of the 243 City vehicles are classified as take home vehicles. City Manager Cheney explained that there are two levels of take home usage: take home use for City business only and take home with personal use allowed. He stated that only 7 vehicles, all within the Police Department, come under the second category. He explained that those who use the cars for personal use also are considered to be on duty, as well as on call, at all times. Report/Presentation by Jordan Miller on City Hall Design City Manager Cheney asked the architects to bring everyone up to date on the City Hall building renovations. He asked Jordan Miller to show the color scheme of the outside of the building and the color scheme of the inside of the building, and reported that Mr. Miller also had a small model of the Council Chambers. - 2 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1987 Jordan Miller, of Miller, Meier, Kenyon and Cooper Architects and Engineers, Inc., 101 N.E. Third Avenue, Suite 300, Fort Lauderdale, Florida 33301, first showed a color board of the interior colors of City Hall and the various other buildings. Mr. Miller stated the walls would be a warm white, doors and trim would be oak. He showed color samples for the vinyl partition areas, the tiles, and the carpeting. Mr. Miller then showed samples of the colors and materials used on the outside of the building. The exterior will mostly be creme white with gray glass. Mr. Miller next showed an elevation drawing of the facade on the north side. He pointed out the addition of arches that would create a courtyard entrance to the building on the south side. In response to Mayor Cassandra's inquiry, Mr. Miller stated that the budget had not been changed so far to any great extent. Mr. Miller said they hoped to have marble flooring in the lobby for a relatively dramatic entrance. City Manager Cheney added that there would also be a free standing open stairway in the lobby. Mr. Miller then presented a working model of the Council Chambers. He pointed out various features including an 'angled glass wall and lighting and mechanical details. Mayor Cassandra inquired about a projected completion date of the rest of the complex once the communications center is complete. Craig Kenyon, also with the architects, advised that the rest will be phased in. Mr. Kenyon said that the addition to the Police station will be built next. Also included in the next phase would be the parking ramp, and the Council Chambers, the lobby, the Library and Public Works. Next, the existing Police station and City Hall would be remodeled. City Manager Cheney said he hopes the plans will be finished by the end of January, followed by a month for review and per- mitting, a month for bidding, and then construction in May or June. The third fire station will be completed at a later time. City Manager Cheney explained that everything on the City Hall block will probably be bid out to one contractor for coordination purposes. The Library and Public Works will be under separate contracts. One firm will probably be allowed to bid on all of them, so there might be one contractor or three contractors on all of the work. City Manager Cheney advised that Mr. Miller's interior designer had arranged for some free work stations to be provided for inspection. Two were installed today, and one more will be - 3 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1987 installed in the Library. They will help give an idea of the variety of work stations, the colors, and how they will be put together. City Manager Cheney also pointed out the nine personal com- puters found at the back of the Council Chambers. He stated that a computer lab training center will be held for employees. In house staff will be utilized along with group training to keep costs down. City Manager Cheney added that Council members were also welcome at these training sessions. Report on Day Care Expansion City Manager Cheney reported on the Boynton Beach Day Care Center, which had been requested by Mr. Morton Goldstein at the December 2, 1986 City Council meeting. City Manager Cheney stated that Bill DeBeck, Construction Coordinator, is reviewing the plans again. City Manager Cheney had been in contact with Mr. Goldstein, who is trying to get some dollar figures from the County. City Manager Cheney stated that the Council will be informed as progress is made. Logo on Water Tank City Manager Cheney reported that it is the consensus of the Council to place the City logo on the water tank when it is painted. The logo will be placed on the east side and on the west side. City Manager Cheney explained that, at first, the painter had offered to paint the logo on the tank for $5,000. When the City said they did not wish to spend that much, he offered to paint it for free. Seacrest Groundbreaking City Manager Cheney stated that groundbreaking for construc- tion on Seacrest Boulevard would be next Monday, January 12, at 9:00 A.M. just north of the Boynton canal. City Manager Cheney thanked all those involved in this project for their hard work, and he specifically thanked Councilwoman Zibelli. PUBLIC AUDIENCE Mayor Cassandra announced that anyone wishing to speak on an item not on the agenda could do so now. He preferred that they filled out one of the forms at the back of the room, but said they would be allowed to speak after the people that filled out forms spoke. Anyone who wished to speak on an item on the agenda should fill out a form and they would be called when that item comes up. He emphasized that no - 4 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1987 one could speak during first reading of an Ordinance and must wait until it comes before the Council for second reading. As there was no response, THE PUBLIC AUDIENCE WAS CLOSED. CONSENT AGENDA A. Minutes 1. Regular City Council Meeting Minutes of December 16, 1986 B. Bids - Recommend Approval 1. Annual Bid for Metal Containers - Public Works The Tabulation Committee recommended awarding the bid to Hesco Sales, Inc., Hialeah, Florida in the various amounts shown on the bid. Basketball Court Resurfacing - Forest Hills Park, Hibiscus Park, Laurel Hills Park - Recreation The TabUlation Committee recommended awarding the bid to Hardrives Company, Lake Park, Florida, in the amount of $5,706. H F Scientific Inc 16 Station Micro-T Turbidimeter - Utilities The Tabulation Committee recommended awarding the bid to HF Scientific, Inc., of Fort Meyers, Florida, in the amount of $26,040. One Polysonics Hydra DHT-P Portable Ultrasonic Flowmeter - Utilities The Tabulation Committee recommended awarding the bid to AMJ Equipment Corp., Lakeland, Florida, in the amount of $5,075. C. Resolutions Proposed Resolution No. 87-A Re: Service Rules and Requlations Amending Civil "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON~ BEACH, FLORIDA, AMENDING CIVIL SERVICE RULES AND REGULATIONS" - 5 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1987 Mayor Cassandra had a question on the change in Civil Service Rules that would leave the selection and date of replacements to the Grievance Board up to the Personnel Manager. City Manager Cheney explained that in the past an election was to be held every two years during the first week in December; he added that this has not been necessary and has not been adhered to. The change would provide for more flexibility in elections. Mayor Cassandra thought the amended rule should be clarified to indicate how soon after a need arises that an election should be held. City Manager Cheney stated that the original rule said the election would be held within four (4) weeks after the vacancy occurs. He added that that phrase could be inserted in the amended rule as well. Proposed Resolution No. 87-B Re: Bond Reduction - Mahogany Bay North of Boynton Beach Canal, South of NW 22nd Avenue, West of Congress Avenue "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE VALUE OF THE PERFORMANCE BOND FOR MAHOGANY BAY, PLAT NO. 1, IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST" 3. Proposed Resolution No. 87-C Re: Release of Bond - Burger King "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR PAYMENT OF COST OF DESIGN, CONSTRUCTION AND INSTALLATION OF SIGNALIZATION FOR THE INTERSECTION OF S.E. 18TH AVENUE AND U.S. HIGHWAY $1, BOYNTON BEACH, FLORIDA" D. Development Plans None. E. Accept donation from Castoff Square Dance Club Mayor Cassandra stated that a thank you note should be sent from the Mayor or City Council expressing thanks for the donation of $2,000 given for use of the Civic Center. Approve request for zoning approval for Alcoholic Beverage License John H. Whittemore - Wine Broker 400 South Federal Highway, $411 Boynton Beach, FL 33435 - 6 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1987 Bert Keehr, Deputy Building Official, in his memo of December 31, 1986, said zoning at the above location permits the sale of beer and wine for consumption off premises. Consider request submitted by Mr. M. J. Hemminger, Project Manager, of J. W. Construction, Inc. for approval to place a construction office trailer in con- junction with the Oakwood Center Shopping Mall, to be constructed at the SE corner of Old Boynton Road and Congress Avenue The Building Department recommended approval ONLY if subject trailer is located on construction site location. Mr. Hemminger's letter of December 30, 1986 stated that the trailer would be located on adjacent property owned by the same developer. He agreed in phone conversation of December 31, 1986 to the Building Department's stipulation that the trailer be located on construction site. Consider request for refund for Cemetery Lot 156 of the Replat Adrienne Bourthoumieu, 2412 S.W. 5th Street, Boynton Beach, Florida 33435, requested a refund for the purchase price of $225, less 20%, for a total refund of $180. Consider request submitted by St. Paul's A.M.E. Church to hold a carnival In memorandum to Captain Tom Dettman from Lt. Dale Hammack dated January 1, 1987, Lt. Hammack advised that the carnival had been held in 1985 and 1986. He recommended that two Police Officers be assigned within the carnival itself and a third Officer be assigned to the fenced construction site at St. John Missionary Baptist Church. Approve Change Order No. 1 - Test Production Well Program Part A The changes in the contract with Diversified Drilling Corporation will result in a net increase of $37,126, as stated in a memo from John Guidry, Director of Utilities, dated December 16, 1986. A field analysis also resulted in a $12,000 deletion for this project activity. Ke Approve purchase of Computer System for Golf Course Administration and Pro Shop City Manager Cheney recommended the request of Golf Course Manager Joe Sciortino for the purchase of computer hardware, - 7 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1987 software, and maintenance for $15,967. $15,700 was budgeted for computer cost, and $267 will be transferred from the Golf Course Appropriating Contingency. L. Approval of Bills See list attached to the original copy of these minutes. Councilman Hester moved, seconded by Councilwoman Zibelli, to approve the Consent Agenda, items A; B, 1, 2, 3, 4; C, 1, 2, 3; E; F; G, with the stipulation noted; H; I; J; K; and L. The motion carried 5-0. Development Plans (Pulled from the CONSENT AGENDA) 5. Three Complete Rear Loading High Compaction Bodies Three Chassis for Rear Loading Compaction Body - Public Works The Tabulation Committee recommended awarding the bid to South Florida Mack, Riviera Beach, Florida, in the amount of $250,548 less the trade-ins of $40,000, for a total amount of $210,548. City Manager Cheney wished to explain his recommendation before the gentlemen who wished to speak came forward. City Manager Cheney stated that bid specifications were written with some purpose in mind. Periodically, bid responses come in that do not meet the bid specifications; since these bids do not meet the specifications, they often are lower bids than those that do meet the specifications. The bids that do not meet the specifications are considered non-responsive bids and are not ranked among the bidders. City Manager Cheney believed that one of these bidders was going to speak and indicate that they bid lower than the others; City Manager Cheney suggested that they bid lower because they did not meet the City's specifications. Councilman Marchese commented that the specifications were in line with the fact that City Manager Cheney hopes to standardize the fleet of garbage trucks. David Stegeman, Palm Peterbilt Trucks, Inc., 2441 S. State Road 7, Ft. Lauderdale, Florida, stated that Palm Peterbilt was the apparent low bidder on this bid. Mr. Stegeman felt that his truck met. the specifications; City Manager Cheney answered that the information he was given was that they did not meet the specifications. Mr. Stegeman pointed out that the phrase "and/or equal" was added, and thought they met or - 8 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1987 exceeded the standards for quality. He stated that part of what was requested in the bid specifications was only manu- factured by one truck manufacturer. Mr. Stegeman stated that Palm Peterbilt provides garbage trucks for ten other cities in the area. City Manager Cheney replied that he is not concerned with other cities. He added that the City is trying to standardize trucks. There was discussion regarding the bids and trade-in prices. Mayor Cassandra informed Mr. Stegeman that it was up to the Council whether to approve the bid recommended by the City Staff or to direct the Staff to meet with the dissenters and come back with a second recommendation. Mayor Cassandra added that the second decision, if one was requested, would be honored. Jerry Hughes, Ft. Lauderdale, Florida, agreed with Mr. Stegeman and hoped that a second meeting would be granted with the City Staff. Warren F. Garling, Southland Equipment Corp., 757 Sun Top Lane, Boynton Beach, Florida, stated that he last year sold two new units to the City which are doing the job called for. These units have saved time and have required no mechanical repairs. He pointed out differences in his trucks and the others that were bid. City Manager Cheney felt the discussion, if held, would concern specifications of the body of the truck. Mr. Garling agreed to go along with whatever the Council recommended. In response to Councilman Hester's inquiry, City Manager Cheney answered that the bidders did not meet specifications on the body (garbage part) of the truck or on the truck itself. He commeHted that the issue would be (1) does Peterbilt meet the Mack specifications and (2) if~so, does the City want to not standardize their fleet.' Councilman Marchese expressed the opinion that it would be a cardinal error to not standardize the equipment being used and gave reasons for his belief. He believed the Council should go along with the Staff's recommendation. Mr. Stegeman wished to make a few more comments before the Council made a decision. Mr. Stegeman argued that the City's fleet was not standardized now. He refuted the statement that there would be trouble getting Peterbilt parts by saying that his company has one of the largest stock of parts in the nation. He repeated that his truck meets the specifications by virtue of the "and/or equal" clause and stated that if an "equal" truck was not desired it should not be advertised. - 9 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1987 Mr. Stegeman added that it was not competitive bidding to request parts that could only be obtained from one dealer. Mr. Stegeman requested that further discussion be granted by the Council. Mayor Cassandra felt that the issue of com- petitive bidding should also be addressed if there was a second meeting. Vic Weiger, President of Palm Peterbilt in Fort Lauderdale, Florida, agreed with Mr. Stegeman that the way the specs were written only Mack trucks could comply. If that was to be the policy of the City, only Mack trucks could bid; that would not be competitive bidding. He also believed his trucks exceeded all of the specifications. Charles Meade, South Florida Mack Trucks, disagreed that you could only buy Mack parts at Mack stores, saying they could be purchased at a number of other locations. Mr. Meade also felt the reason Palm Peterbilt did not bid the last time was because of the trade-ins, which they did not want to take. Councilman Marchese moved to accept the recommendation of the City Manager and approve the South Florida Mack bid. Vice Mayor Zimmerman and Councilwoman Zibelli asked how urgent a matter this was. City Manager Cheney answered that time was not a problem. The motion then died for lack of a second. Vice Mayor Zimmerman moved that there be further discussions between the City Manager and the parties involved regarding the bids. The motion was seconded by Councilwoman Zibelli and carried 4-1 with Councilman Marchese voting against the motion. Mayor Cassandra informed the parties involved that when the decision came back from the City Manager and his staff there would be no more discussion on the issue. DEVELOPMENT PLANS ae Consider request submitted by George W. Zimmerman, agent for Deutsch-Ireland Properties for approval of the master lighting plan for the public and private rights- of-way within the Quantum Park Planned Industrial Development which is located on the west side of 1-95, between the Boynton Canal and Miner Road extended. (Quantum Park) (Postponed at December 16, 1986 meeting) City Manager Cheney advised that Steve Deutsch of Deutsch- Ireland had called requesting that this issue be postponed until the City Council meeting of January 20, 1987. - 10 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1987 Vice Mayor Zimmerman moved to postpone the Deutsch-Ireland Properties request until the January 20, 1987 meeting. The motion was seconded by Councilman Hester and carried 5-0. THE COUNCIL TOOK A BREAK AT 8:40 P.M. AT 8:45 P.M. THE MEETING RESUMED Consider proposed Water's Edge Marina Height Exception submitted by Craig Livingston Carmen Annunziato, Director of Planning, reported that the request was for exception to the District Height Regulation for mechanical purposes and flagpoles, which in this case exceeded the required height by 4 to 6 feet. Mr. Annunziato stated that there were three different structures involved. The first structure was the hotel, for which developers requested an exception of 4 feet to allow for stair and ele- vator enclosures and a parapet wall. The second was the parking garage, for which developers requested an exception of 4 feet for stair and elevator enclosures. The third included retail buildings and a restaurant, for which devel- opers requested an exception of 6 feet in order to allow for miscellaneous flag poles. Mr. Annunziato showed drawings of the hotel east elevation and the retail/office north elevation. There was also a rendering of the entire Water's Edge project. Mr. Annunziato explained that none of the buildings exceeded the District Height Regulation of 45 feet. Therefore, the hotel and parking garage were requesting an exception of 4 feet, making a total height of 49 feet; the retail buildings and restaurant were requesting an exception of 6 feet, making a total height of 51 feet. Mr. Annunziato stated that Mr. Craig Livingston, architect for the project, had submitted responses to the performance standards listed in Section 4F of the City's Zoning Code. Mr. Annunziato reported that the Technical Review Board found that the request for height exceptions for the stairs, ele- vators, and parapet wall was related to the mechanical support systems of the building and that an exception would be per- missible, subject to the Council making findings of con- sistency with Section 4F. Concerning the flag poles, there might be a contravention of the Sign Code, according to a memo from Chief Plans Inspector Don Jaeger. Councilman Hester asked in reference to the Sign Code, if flags were permissible as long as they did not serve as a - 11 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1987i type of advertisement. Bud Howell, Building Official, informed him that the Sign Code does not allow any flag or banner that involves motion other than the American flag or the State flag. Mayor Cassandra wondered what the reason for the flags was. Craig Livingston, Siteworks Architects and Planners, Inc., 1301 Congress Avenue, Suite 320, Boynton Beach, Florida 33435, explained that the flags would include an American flag, a State flag, and a City flag on the ground not exceeding the height requirement, and colored banners just to give a lively look to the complex. He stated that there are flags on the retail buildings that do not exceed the height and placing the flags that do exceed the height would be to carry out the consistency. In response to Mayor Cassandra's inquiry, Mr. Livingston reported that there was one flag on the restaurant and three flags on the retail buildings exceeding the height requirement. There was discussion on regulations regarding banners. City Manager Cheney stated that banners are forbidden; however, the Downtown Review Board is requesting a workshop to discuss restrictions in current Codes that affect the downtown area. The topic of banners could possibly be one of the restrictions they are going to discuss and possibly allow in the downtown area, City Manager Cheney advised. In response to Mayor Cassandra's inquiry, Mr. Annunziato commented that the flags would not be visible from U.S. #1; they would only be seen upon entering the complex or upon crossing the new bridge. Mayor Cassandra believed there were two parts to this request. First was the request regarding height exception for the hotel and parking garage. Second was the request for height exception for the banners, which he did not feel could be solved until the Downtown Review Board workshop had been held. Mr. Annunziato stated that the request being made was for height exception, not an exception to the Sign Code. Mayor Cassandra countered that he did not think the issue could be considered until a decision was made regarding the allowance of banners. Dianne Lawes, Executive Director of the Community Redevelopment Agency, advised that the workshop would be held on February 12, 1987 for the DRB to discuss amending the Sign Code and Landscape Code for the downtown area. She stated that on February 16 there would be a workshop for this specific project. - 12 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1987 Mr. Livingston stated that the more important part of the application was the request regarding the parapet and stair towers, and he advised that he would withdraw the request regarding the flag poles for now. Mr. Annunziato said that was agreeable with him also. Councilman Hester moved to accept the request for the excep- tion to the District Height Regulation of 45 feet for the stairs, the elevators, and the parapet wall as related to the mechanical support systems of Water's Edge Marina, with the exception not to exceed 49 feet. Councilwoman Zibelli seconded the motion. In response to Mr. Zimmerman's inquiry, Mr. Livingston stated that the stairs were at the north and south and the parapet was at the east and west. The motion carried 5-0. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 86-42 Re: Special Retail Promotions at Regional Malls ...... TABLED Councilman Hester moved to remove this proposed Ordinance from the table. The motion, seconded by Councilwoman Zibelli, carried 5-0. City Manager Cheney advised that the wording had been changed from the first reading, but the purpose had not been changed. He explained that the purpose of the proposed Ordinance was to get in the Occupational License Code categories for those things that take place in regional malls. They want to address those who are at the malls for special promotional events as opposed to those who are at the malls permanently. City Attorney Rea read proposed Ordinance No. 86-42 on second and final reading, by title only: "AN ORDINANCE.OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 13-22 "LICENSE TAX SCHEDULE" OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA, TO PROVIDE THAT THAT SECTION SHALL RELATE TO PROMOTIONAL RETAIL ACTIVITIES LOCATED WITHIN REGIONAL MALLS IN THE MALL/CONCOURSE AREA; PROVIDING THAT EACH AND EVERY OTHER PROVISION IN CHAPTER 13 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE; SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" - 13 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1987 Mayor Cassandra asked if anyone wished to speak in favor of the proposed Ordinance. There was no response. Mayor Cassandra asked if anyone wished to speak against the pro- posed Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilman Hester moved to approve proposed Ordinance No. 86-42 on second and final reading. The motion was seconded by Councilman Marchese. A roll call vote on the motion was taken by Mrs. Boroni: Vice Mayor Zimmerman Councilman Hester Councilman Marchese Councilwoman Zibelli Mayor Cassandra Aye Aye Aye Aye The motion carried 5-0. B. Ordinances - 1st Reading Non e. C. Resolutions 1. Proposed Resolution No. 87-D Re: Transfer of Cable Television Franchise/Access Cable of West Boynton, Inc. City Manager Cheney advised that a representative from the Cable Company was there if there were any questions. Mitchell Rubinstein, 2000 Glades Road, Boca Raton, Florida stated that this would not be a transfer to a new company, but to a company in which they would still be involved as half owner in a partnership. City Attorney Rea read proposed Resolution No. 87-D by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, CONSENTING TO THE TRANSFER OF A CABLE TELEVISION FRANCHISE FROM ACCESS CABLE OF WEST BOYNTON, INC., TO ACCESS CABLE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Vice Mayor Zimmerman moved to approve proposed Resolution No. 87-D. The motion was seconded by Councilman Hester and carried 5-0. - 14 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1987 De Other 1. Consider proposed changes to City Code relating to towing of vehicles on public and private property City Manager Cheney advised that there had been discussion because of the number of cars being towed by the towing contractor. City Manager Cheney reported that he had met with City Attorney Rea, who advises a major revision of the Ordinances related to towing. City Attorney Rea stated that under the present status of the Codes (the most recent update was in 1983), there are a considerable amount of procedural hoops for the City to go through before an abandoned car is disposed of. The legislature a number of years ago amended the statutes dealing with abandoned vehicles and provided Municipalities and County governments the option of waiting a certain period of time (approximately 72 hours) to assume the vehicle has been abandoned, and then they could place a sticker on the vehicle indicating it must be removed within ten days. At the end of the ten day period, the City then could have the vehicle towed and disposed of. Presently, the City is required to get the registration of the vehicle checked, attempt to find the owner, notify by certified mail, and wait a certain number of days for this as well; investigating who the owner of the vehicle is also takes a great amount of time and paperwork. Now, City Attorney Rea advised, that paperwork is not required. The simple seeing of the vehicle on public property that has been there for a certain length of time is sufficient to have the car stickered and removed. On private property, the 72-hour waiting period does not apply. If it is considered junk, the City can sticker the vehicle, and in ten days if the private owner has not removed it, the City can remove it on the private property and ultimately put a lien on the property for removal costs. City Attorney Rea explained that whether the vehicle is on public or private property, the owner can be provided with a hearing procedure if there are mitigating circumstances. Handling of towing in this way cleans up the process considerably and makes removal a lot simpler. Councilman Marchese moved to direct the City Attorney to proceed to write the Ordinance to change the City's towing procedure. The motion was seconded by Councilwoman Zibelli and carried 5-0. OLD BUSINESS None. - 15 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1987 NEW BUSINESS None. ADMINISTRATIVE A. Consider replacement to fill vacant position (alternate) on Civil Service Board - Appointment to be made by Councilwoman Dee Zibelli ............. TABLED Vice Mayor Zimmerman moved to remove this item from the table. The motion was seconded by Councilman Hester and carried 5-0. Councilwoman Zibelli nominated Norman Gregory of 644 S.W. 3rd Avenue in Boynton Beach to serve as alternate to the Civil Service Board. The motion carried 5-0. Consider selection of nominee to the Countywide Planning Council Mayor Cassandra noted that this nomination would not guarantee that person a seat on that Council. The three largest cities in the County (W. Palm Beach, Boca Raton, and Delray Beach) were guaranteed seats on the Council, and the remaining six members would be chosen from names submitted from the other cities. Councilman Marchese nominated City Attorney Rea, and his nomination was seconded by Councilwoman Zibelli. Vice Mayor Zimmerman nominated Planning Director Carmen Annunziato, and his nomination was seconded by Councilman Hester. Vice Mayor Zimmerman stated that the regulations had not yet been approved by the body of the Municipal League. He said that is scheduled to come up at the next Board meeting and the regulations may be revised, but he felt to be safe one nomination should be turned in with an appropriate resume to the Municipal League. Vice Mayor Zimmerman reported that, so far, the other names turned in were names of elected officials. He said there was need for professional guidance on the Council, and he believed they were on the right track by nominating, two pro- fessionals. Vice Mayor Zimmerman believed having professional members would aid in continuity to the Council, as elected officials come and go. A vote was taken on the first nomination of City Attorney Rea. City Attorney Rea was appointed on a 3-2 vote, with - 16 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1987 Councilman Hester and Vice Mayor Zimmerman voting against the nomination. Mayor Cassandra expressed his opinion that having a written ballot signed by the Council members and tabulated out loud would be preferable to voting on the nominations individually. Consider designation of City representatives to South County Council of Government (Regular and Alternate) Mayor Cassandra noted that these representatives had already been chosen. Vice Mayor Zimmerman is the regular represen- tative, and Councilwoman Zibelli is the alternate representative. Mayor Cassandra stated that Palm Beach County Commissioner Dorothy Wilken had written a letter stating that lately there had not been a quorum for COG and asking for the Cities to respond as to whether they want to be involved. Mayor Cassandra wanted direction to be given to the Chairman of COG that the City of Boynton Beach is still in favor of the Council. City Manager Cheney pointed out that a lot of the lack of involvement could have been because many of the same people were involved with the Planning Council and because of the election season. Vice Mayor Zimmerman advised that there was also a problem with the Chairmanship at the present time. De Consider designating member of City Council to participate in initial review of consultants for the Housing Element of the City's Comprehensive Plan Mayor Cassandra stated that he was designated as the participant at the City Council meeting of December 16, 1986. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:25 P.M. CITY OF BOYNTON BEACH, FLORIDA Mayor "' /J Vice Mayor - 17 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ATTEST: ' - ~//' City Clerk ' R~cord±ng~ Secreeary (Two Tapes) JANUARY 6, 198~ - 18 - AGENDA January 6, 1987 CONSENT AGENDA - ADMINISTRATIVE A-1 INDUSTRIAL SUPPLY INC. 47 Panels 8' long White PBR Roof Sheets for Madsen Center. Pay from General Fund---001-192-519-60-29 1,250.15 BARKER UNIFORMS~ INC. 2000 City of Boynton Beach Gremblems for Uniforms. Pay from General Fund---001-000-141-03-00 BOWER AMMONIA & CHEMICAL COMPANY Ammonia for Water Treatment Pay from Water & Sewer Rev---401-332-533-30-65 1,160.00 1,025.91 BOYNTON B~ACH CHILD CARE CENTER No. 2 of 4 payments recommended by CRA. Pay from Federal Revenue Sharing---320-641-564-40-5A 5,375.00 DAVIS WATER & WASTE INDUSTRIES INC. Odophos Liquid No. 1 for Sewage Pumping. Pay from Water & Sewer Rev---401-352-535-30-65 15,955.20 DIVERSIFIED DRILLING CORPORATION EST. %2 For Test Production Well Program from 10/23/86 to 11/21/86. Pay from 1985 Constr. Fund---409-000-169-01-00 33,424.20 Va FIRE PROTECTION PUBLICATIONS Video Training Tapes for Fire Department. Pay from General Fund---001-221-522-30-82 1,700.00 ~ FOSTER MARINE CONTRACTORS EST. ~9 Construction of Plant Expansion Project - SCRWTD Plant, City of Boynton Beach's portion. Pay from 1985 Constr. Fund---409-000-169-12-00 32,212.20.~ GEMAIRE DISTRIBUTORS~ INC. For new air conditioner for Police Dept. Pay from General Fund---001-~92-519-40-35 " " " " 001-211'-521-40-35 Total $ 70.57 3,677.00 $3,747.57 3,747.57 HACH COMPANY 1 Spectrophotometer for Water Plant per bid specifications. Pay from Water & Sewer Rev---401-332-533-60-42 Per bid 10/31/86, Council approved 11/18/86 3,202.75 -3- 21. 22. 23. BILL WALLACE FORD For various vehicles repairs. Pay from Vehicle Service Fund---501-193-519-40-32 WEEKLEY BROTHERS~ INC.EST. ~I Temporary Parking Lot Phase I Municipal Facilities Project %85906/C-3 for period to 12/22/86. Pay from Building Improve. Fund---304-451-545-60-29 WEST PUBLISHING COMPANY I Set F.S.A., I Set Fl. Digest 2d plus upkeep for 12 months, for City Attorney's office. Pay from General Fund---001-141-514-40-74 Council approved 12/2/86 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. $ 2,284.71 12,343.50 7,609.59 Grad~~rector I therefore recommend payment of these bills. P~er L. Cheney, y anager COUNCIL APPROVED: 'Meeting'. ~tAM ES V WILLIAM VANCE ~. IX)NEY EAJAREZ-MURIA.~ Mr. Grady Swarm, Finance Director City of Boynton Beach JA~.s W. V~om, SU~E 200. BARRISTERS BUILDING 1 81 5 FORUM '~"Meetiflg Expenses (local) Action Courier Service (Forf. Fee.- Joanece Rosier (Depot - Forf. "' The Language Exchange (Deposzt-' " " " Ley & Marsaa-Court Reporters - Twin ConstructiOn-v. Boynton Beach --.. Forfeiture $2,635.00 "HarWood Bureau of Investigation - Forfeiture. $2,635.00 (serve subpoena) '.Atto s Tit e Services- Chain Search Ceder Ridge '& Highridge ~ '.Lake Boynton Estates Happy Homes '1'30~) ~,84--~S f544. December ~5.;- 1986 P. O. ' Box-310 Boynton Beach,: Fl: 33425 ' F: ~ B0m0N'B~CH ;" GENERAL COSTS (Advanced Only) ; ~..~:i:::;[· ,:., '.' . .. ,-- . · ".i:.. ,, . - _ .40 · 20.00 -~ 50. O0 63.40 83. O0 · 11. O0 199.00 ~ 481.07~ 119.54/ Bond Sale - New York City Delta 'Airlines Ess'ex House Meals & expenses oo $1436.80 TOTAL DUE COUNciL A, PP~OVED:' -2- 11. LAWYERS CO-OPERATIVE PUBLISHING COMPANY 12. 13. 15. 16. 17. 18. 1 Set Florida JUR. 2d for City Attorney's office. Pay from General Fund---001-141-514-40-74 Council approved 12/2/86 METROrTECH EQUIPMENT CORP. Repairs to Sanitation Trucks %84 and %90. Pay from Sanitation Fund---431-341-534-40-33 DANIEL O'CONNELL GENERAL CONTRACTOR~ INC. EST.%5 Boat Club Park Expansion Project for period to 12/23/86. Pay from Utility Service Tax Fund---302-722-572-60-3L PALM BEACH COUNTY SCHOOL BOARD Ahnual Community School contract 11/1/86 thru 10/31/87. Pay from General Fund---001-721-572-40-99 PALM BEACH COUNTY SCHOOL BOARD Congress Community Middle School Track Facility to be paid from Sub-division Ordinance Trust Fund. Pay from Reserve for Parks & Rec.---641-000-247-16-00 PITMAN PHOTO Film for Police Department. Pay from General Fund---001-211-521-30-8A "Bid Items" PEERSON AUDIO INC. Sound equipment & installation for Council Chambers. Pay from General Fund---001-194-519-40-33 SEPPALA & AHO OF FL.~. INC. MUnicipal Facilities Phase I Communication & Disp~h Center Project %85906. Pay from Building Improve Fund---304-194-519-60-29 $40,367.50 " " " " " 304-211-521-60-29 40,367.50 Total $80,735.00 3,164.04 1,862.94 32,586.00 4,000.00 25,000.00 1,123.91 1,675.00 80,735.00 19. S.OU~.H CENTRAL REGIONAL WASTEWATER TREATMENT BOARD 29,202.72 City's portion of Regional BOard bills for Plant Expansion. Pay from 1985 Constr. Fund---409-000-169-12-O0 20. JAMES W. VANCE, P.A. 1,436.80 Professional services rendered from 11/14/86 to 12/13/86. Pay from various departments.