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Minutes 10-06-87 MIS~TES OF THE REGULAR CITY COMMISSION MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, OCTOBER 6, 1987 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Ralph Marchese, Vice Mayor Ezell Hester, Commissioner Leonard Mann, Commissioner Dee Zibelli, Commissioner Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond S. Rea, City Attorney Mayor Cassandra called the meeting to order at 7:30 P.M. The invocation was given by Rev. Joseph Dye, Boynton Beach Congregational United Church of Christ, followed by the Pledge of Allegiance to the Flag led by Vice Mayor Marchese. AGENDA APPROVAL Uice Mayor Marchese requested that under "CONSENT AGENDA", item A.4. Minutes of September 28, 1987 Special City Commission Meeting be removed for a correction. He also requested that two items be added under "NEW BUSINESS" - Item F, a resolution and Item G, a resolution. Commissioner Zibelli stated that she wished to add an announcement under "ANNOUNCEMENTS." She also noted that she could not vote to approve the minutes of the September 2 and September 15 meetings as she was not present at those meetings. Mayor Cassandra noted that she did not have to vote but that she could if she wished to do so. Commissioner Mann requested that Item H, Community Appearance Board, be added under" NEW BUSINESS." City Manager Cheney requested that two items be added under "ADMINiSTRATION"- Item F, Approval of a location for the construction trailers for City construction projects and Item G, Approval of temporary sign for Golfview Harbor. Mr. Cheney also requested that under "LEGAL", C.2, a proposed resolution be added. Under "NEW BUSINESS", he requested A.1, a resolution and A.2, acceptance of a grant be added. Mr. Cheney further requested that a Proclamation regarding Lupus be added under "ANNOUNCEMENTS." He also requested that C.1, Mags Demolition and D.2, Water Service Agreement be deleted from "LEGAL." Mayor Cassandra stated that he wished to add an announ- cement under "ANNOUNCEMENTS." He also requested that B.1. and IV.D.1. be pulled from the "CONSENT AGENDA." Commissioner Zibelli made a motion to accept the agenda as corrected. Motion was seconded by Vice Mayor Marchese and' carried 5-0. -1- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 ANNOUNCEMENTS Proclamation - Mental Illness Awareness Week - October 4 - 10, 1987 Mayor Cassandra read the Proclamation which declared that the week of October 4 - 10, 1987 was proclaimed as Mental Illness Awareness Week. 2. Proclamation - Lupus Awareness Month - October, 1987 Mayor Cassandra read the PrOclamation which declared that the month of October, 1987 was proclaimed as Lupus Awareness Month. 3. Rolling Green Crime Patrol Commissioner Zibelli stated that in the north end of the City there is a volunteer group called the Rolling Green Crime Patrol. She noted that these people use their own automobiles, time, and gasoline. There will be a barbeque at St. Johns United Methodist Church at 3215 N. Seacrest Boulevard on October 24th from 4-7 P.M. to show appreciation to this group for the service they are performing. She noted that tickets to the barbeque are available for anyone who wishes to attend. e Certificate of Appreciation - Boynton Beach Police Department Mayor Cassandra read the certificate of appreciation which expressed appreciation to the Boynton Beach Police Department for their assistance and support of the YWCA Domestic Assault Shelter Program. This certificate was awarded at the Domestic Violence Pro-Arrest Seminar on October 5, 1987. Mayor Cassandra congratulated Police Chief Hillery for a job well done. CITY MANAGER'S REPORT City Manager Cheney referred to the certificate of appre- ciation presented to Chief Hillery, noting that there was an article and picture in the Post. 1. Palm Beach County Criminal Justice Commission Mr. Cheney also stated that he had received a letter from Commissioner Wilken confirming that Chief Hillery has been appointed to the new Palm Beach County Criminal Justice Commission. Mr. Cheney noted that the City is fortunate to -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 have a representative on this Board as this will be a very powerful voice in planning the criminal justice system - not just police and courts - but all the support structure. 2. Summer Meal Program City Manager Cheney noted that the City received almost $14,000 from the Federal government for this program and spent almost that amount. He noted that approximately $300 was reserved to cover some overhead expenses. Mr. Cheney stated that the City served 8,575 lunches over a 44 day period, or approximately 200 lunches a day. These lunches were served primarily to young people and were served at the Wilson Recreation Center. He also noted that this is the second year for this program and this year was bigger than last year. Certificate of Achievement for Excellence in Financial Reporting - Finance Department Mr. Cheney announced that the City through the Finance Department has received the Certificate of Achievement for Excellence in Financial Reporting. He noted that this is a coveted award which is based on a thorough review of the finance reporting system which is given to 833 governmental units around the country and 94 in the State of Florida. Mr. Cheney noted that the City has received this award every year since Mr. Swann has been Finance Director. PUBLIC AUDIENCE Request for The Lord's Place Brother Joe Ranieri (The Lord's Place), stated that he wished to give a brief summary of what is happening with his organization. He referred to a large handful of eviction notices he was holding, noting that they were from Lantana Road to Linton Boulevard and a substantial number were from Boynton Beach. He noted that his program is a rehabilita- tion-type program as well as a food program. Brother Ranieri noted that they feed about 1,000 people each month in the City - or about $35,000 a month. He stated that they try to serve the people in the area first. He also noted that Boynton Beach has received services in the amount of almost $100,000 in the past year, and that they received $1,000 over a year ago from Boynton Beach. He noted that this is a $1 contribution from the City for each $100 in services performed, noting that their budget is now under a strain. Brother Joe Ranieri requested $10,000 from the City. -3- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 Commissioner Zibelli noted that Brother Ranieri had probably received an application through the Community Relations Board. Brother Ranieri stated that he had and would be willing to provide any additional information necessary. Vice Mayor Marchese stated that he hoped that Brother Ranieri would work very closely with the City Manager's office. Mr. Ranieri noted that he would, noting that this office has been very helpful. Mayor Cassandra stated that there was only one problem and that was with procedure. He noted that the Community Relations Board has received $50,000 from the City to be divided with those who have requested funds from the City. Mr. Cassandra noted that the City is now more aware of what The Lord's Place is doing than they were last year. He suggested that the first step for Brother Ranieri would be to approach the CRB. Brother Ranieri stated that he would do so and that his purpose for speaking at this time was to let the Commission know the status of what is happening with his organization. People's Plaque Mr. Ben Uleck, 1507 S.W. 17th Avenue next addressed the Commission stating that the people appreciate having their plaque installed. He asked if it was the same one that was installed in the old City Hall. Mr. Cheney assured him that it was and Mr. Uleck apologized, noting that several people had stated that it was not the same one. Wall for Memorial Park Mr. Uleck continued that the people would like to see the wall at the memorial park on Seacrest continue going west on Woolbright as well as to see the gates put up. He noted that the Cemetery Board had been asked numerous times without results. Mr. Uleck stated that they would like to see the gates put up to deter the bicycle riders, joggers, dog walkers and short cutters. He also noted that the chain link fence in the middle of the cemetery on the south side, where the condos are, has never been installed. Mayor Cassandra asked Mrs. Boroni if a new fence has been put up. She stated that it was added onto a portion from Seacrest joining a chain link fence. Mr. Cheney stated that, as far as he knew, the City has installed all the improvements the Cemetery Board has requested. He stated that he thought the wall around the Cemetery was still under study by this Board. Mr. Uleck stated that the Cemetery Board has not answered their requests. -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 Budget Approved for City' Capital Improvement Mr. Uleck next referred to the $6,000,000 approved for the City Hall and asked why the City did not stay within that budget. He stated that the City was more than 1/3 over the budget the people allowed for the project. He also noted that it is too late to do anything about this project, but requested that in the future, the City should ask for the sum of money that they actually need and get the approval of the people. Quotation Mr. Uleck read a quotation from Senators and Congressmen which he has heard on television several times, "We were elected by the people to be their servants and not their masters." He then thanked the Commission and noted that he had simply made statements to give them something to think about and required no answer. Excessive Water Usage Mr. Elmer H. Schnicke, 316 S.W. 6th Avenue, stated that he had been charged for 55,000 gallons of water for one month at the above address. He noted that for the past several years he had never used more than from 2,000 to 5,000 gallons in a one month period. He was out of town from April to July 14 and from June to July, with all the water cut off to his home and sprinklers, 55,000 gallons of water was registered on the meter. He stated that his home is in the area of the Presbyterian Church. Mr. Schnicke stated that in checking with his neighbors, they saw nothing unu- sual and he was unable to find any leaks. Mr. Schnicke noted that Mr. Cheney and Mr. Hunt had been helpful in checking every possibility but could find nothing, so a new meter was installed. Mr. Schnicke suggested that there might be some mechanical defect in registering the numbers on the meter, but Mr. Hunt noted that this would be too expensive to look into. Mr. Schnicke stated that he felt the defect might be in the third digit from the left causing it to jump a cog or two. He then requested that the Commission consider his request noting that the overbilling was in the amount of $57.81. Mayor Cassandra confirmed that $57.81 was the charge for the 55,000 gallons. Mr. Cheney stated that the city often has this type complaint, and that it is the City's contention that the water went through the meter; and when it goes through the meter, the user pays for it. He further stated that often a home has a leak that the owner does not know -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 about. He also noted that meters usually malfunction on the low side or simply stop rather than registering on the high side. Mr. Cheney noted that even a small leak could use 55,000 gallons. The City's policy is to look at those amounts over 100,000 gallons per month. Mayor Cassandra stated that Mr. Schnicke had not provided any backup infor- mation for the Commission and it was not listed on the agenda. Commissioner Zibelli asked if the excessive amount appeared only for the one month period and Mr. Schnicke answered affirmatively. Mayor Cassandra stated that the Commission would consider Mr. Schnicke's request at the next meeting on October 20th if he provided them with the information prior to that date. Mr. Schnicke agreed to do so and thanked the Commission. Palm Beach Grand Prix Mr. Lloyd Powell, 1112 North Federal Highway, Chairman of the Race Committee for the Fraternal Order of Police, Florida State Lodge District 4, stated that he was speaking as the sponsor of the Palm Beach Grand Prix. He stated that this is a Florida go cart sanctioned race which will be held the weekend of October 10 - 11, 1987 at South Tech Vocational School on Congress Avenue and S.W. 30th Avenue, beginning at noon on both days and running until approxi- mately 5:00 P.M. He noted that trophies will be awarded and he thanked the City, Commission and the citizens of Boynton for their assistance in putting the race on this year. No one else wished to speak and the PUBLIC AUDIENCE WAS CLOSED. CONSENT AGENDA: A. Minutes 1. Special City Commission Meeting Minutes of September 2, 1987 2. Regular City Commission Meeting Minutes of September 15, 1987 3. Budget Public Hearing Minutes of September 16, 1987 e Special City Commission Meeting Minutes of September 28, 1987 Vice Mayor Marchese referred to page 3, line four. The word "apart" should be deleted, and the word "fat" substituted in the minutes of the September 28, 1987 meeting. -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 Bids - Recommend Approval - Ail expenditures are approved in the 1987-88 Adopted Budget 1. Golf Course Renovation Work - Golf Course Mayor Cassandra noted that he pulled this bid out as he did not like the method the City is using to pay Aqua Turf. He wanted to know what the City is paying and what the money is for. He asked that this be detailed, item by item, as to what the bid is for. Mr. Cheney noted-that much of the original work on the golf course was done with the architect's direction at the time on the spot. He noted that Von Hagge has been at the course and will come back again to give direction as to what needs to be done. Mr. Cheney also noted that the Commission will be visiting the course on Saturday and perhaps this will help. Mayor Cassandra stated that he felt all items should be spelled out on each of the bids so that a com- parison could be made, and the City will know exactly what they are paying for. Mr. Cheney noted that it would be dif- ficult to know just what the City is paying for as much of it is field judgment. Mayor Cassandra noted that they could come back and say that it will cost more. He added that he would like to tighten up the approximation. Vice Mayor Marchese stated that he thought it was good busi- ness to tack this down as closely as possible. He noted that this should not be difficult since these people are in the business of working on golf courses. Commissioner Hester noted that this should be itemized by work to be done and charges for each, but he saw nothing really wrong with the bid. Commissioner_ Mann noted that he could go along with the not to exceed $2,000 basis, subject to the approval of the tightening up. Commissioner Hester made a motion to approve the bid for Aqua Turf. There was no second and the motion died. Commissioner Zibelli moved to TABLE this item to allow time to get more of a line item approach. Motion was seconded by Vice Mayor Marchese. City Manager Cheney noted that when moving dirt (talking cubic yards) that he was not sure that any contract would be able to identify the exact number of cubic yards of dirt that will be moved. He noted that is the reason a contract is written so that it can be adjusted -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 up or down. Mr. Cheney stated that the bid documents did have more precise information but that the Commission had been provided a summary of the items. He further stated that the final decision was left to Von Hagge so that the contractor would not think he could make his own decisions. Motion carried 4-1 with negative vote from Commissioner Hester. C. Resolutions 1. Proposed Resolution No. 87-RRR Re: Abandonment of a 12 foot wide drainage easement - Post Landing Proposed Resolution No. 87-SSS Re: Reduction of Surety for Water and Sewer Improvements for Fairmont Place (a/k/a Equestrian, Plat II) Proposed Resolution No. 87-TTT Re: Release of Surety for Water Improvements on_ Seacrest Boulevard from Miner Road to Hypoluxo Road m Proposed Resolution No. 87-UUU Re: Release of Performance Bond - Mahogany Bay P.U.D. (Located west of Congress Avenue and north of NW Avenue) Proposed Resolution No. 87-VVV Re: Release of Performance Bond - The Landings, a/k/a Clipper Cove (Located west of Congress Avenue and of Congress Boulevard) Proposed Resolution No. 87-WWW Re: Final Plat for Heatherlake at the Meadows (Located north of L-19 Canal and southeast of Meadows Boulevard) DEVELOPMENT PLANS 1. Extension of Zoning Approval - Lakes of Hypoluxo PUD Mayor Cassandra pulled this item out of the "CONSENT AGENDA" for discussion. He noted that staff is re'commending two months and not six months as asked by the original request. Carmen Annunziato, Planning'Director, noted that the School Board has this property under contract with a closing datef of January 15th. He added that the zoning was recently extended and will expire on January 3rd. The applicant asked for six months but Mr. Annunziato feels that two months will be enough time to complete his planning. Commissioner Hester moved to grant the extension of two months to the applicant. Commissioner Zibelli seconded the motion which carried 5-0. -8- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 Eo Approve request for zoning approval for Alcholic Beverage License Gateway Discount Drugs, Inc. 706 W. Boynton Beach Boulevard BoYnton Beach, FL Consider approval of request of Craig Nevels, Project Coordinator of Rogers & Ford Construction Corporation, for the placement of a temporary construction trailer in conjunction with Quail Run for Coscan Development located at Golf Road and Congress Avenue. Approve request for refund - Cemetery Lots 213 & 214, Block D, Boynton Beach Memorial Park Approve Change Order #2 - Pilot Plant and Wells - Edwards Electric Approve contract with Geraghty & Miller for Western Wellfield Model J. Approve renewal of Emergency Medical Director Contract (Dr. Jeffrey Davis) K. Approval of Bills See list attached. Commissioner Hester made a motion that. Consent Agenda Items A.1; A. 2; A.3; C.1, Resolution 87-RRR; C.2, Resolution 87-SSS; C.3, Resolution 87-TTT; C.4, Resolution 87-UUU;_ C.5, Resolution 87-VVV; C.6, Resolution WWW; E; F; G; H; I; J; and K, be approved. Motion was seconded by Commissioner Zibelli and carried 5-0. BIDS A. Caterpillar Backhoe Loader - Model 416 - Utilities Vice Mayor Marchese made a motion that the bid for the backhoe loader be approved. Commissioner Zibelli seconded the motion which carried 5-0. B. 1987 Attack Pumper - Fire Department City Manager Cheney asked if anyone in the audience wished to speak bUt Mayor Cassandra noted that no form was filled -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 out. Mr. Cheney noted that he had received some correspon- dence from one of the bidders which he had answered. As this person was not in the audience, Mr. Cheney assumed that he was satisfied with the answer he received. Mr. Cheney noted that the staff was recommending purchase without the trade in due to the difference in cost. He noted that the old vehicle could be sold or made into something else and the City would be ahead. He noted that Dowling Fire Equipment stated that they had exceeded the specifications, but Mr. Cheney noted that they had done things not requested by the City and the City is not happy with what they pro- posed. One example he gave was the running board. Pierce provides a running board which can be removed and Dowling suggests one that is a part of the truck and cannot be removed. Mr. Cheney noted that the City prefers one that can be removed as they can be hit and damaged and it is easier to replace if this happens. Commissioner Mann moved to accept the bid from Pierce Manufacturing Company for the 1987 pumper. Motion was seconded by Vice Mayor Marchese. Mayor Cassandra stated that he was concerned about the lack of information provided the Commission. City Manager Cheney noted that the only way to clarify an issue as complicated as this is to provide the Commission with the specifications which are lengthy. He noted that the staff had tried to simplify the issue for the Commission. City Manager Cheney noted that the City had specified what they wanted. Dowling stated that they made it better, but the City did not want it that way so it was not better for them. Vote carried 5-0. PUBLIC HEARING Request submitted by D.R. Associates to annex a 6.92 acre tract of land and an abutting 85 foot wide canal right-of- way on Javert Street at Boynton C-16 Canal, southeast corner. (Boynton Beach Mall-Annexation) This item remained TABLED per letter dated October 1, 1987 from Cormac C. Conahan of Hodgson, Russ, Andrews, Woods & Goodyear, Attorneys at Law, Boca Raton, Florida. DEVELOPMENT PLANS A. Planning and Zoning Board Request by D.R. Associates for approval of an amended site plan to allow for the construction of project signage (Cross Creek Centre). -10- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 This item to remain TABLED at request of Carmen Annunziato. Request by Edson L. Buza for approval of an amended site plan to allow for the addition of a study to be constructed on an existing concrete patio adja- cent to the master bedroom, Hunter's Run, Tract D-1 Commissioner Hester moved to take this item off the Table. Motion was seconded by Vice Mayor Marchese and carried 5-0. Carmen Annunziato stated that this is not a master plan amendment (memo from Mr. Annunziato and Mr. Golden substan- tiates this). Mr. Annunziato noted that this request is for Tract D-1 only (Cambridge II) and will be available for anyone in Tract D-1. The additions are being built on limited common area and will be coordinated with the homeowners' association, according to Mr. Annunziato. Attorney Rae noted that this decision would cause no jeopardy to the City. Mr. Edson L. Buza, agent for Mr. and Mrs. Robert W. LeBolt, noted that the additions are within the original footprint of the building design, and will not go out into the common areas any further than shown on the footprint of the existing floor plan. Mayor Cassandra noted that there is a difference in code for a screened in enclosure and an enclosed room. Mr. Annunziato noted that there are not platted lots for these units as they are condominiums as opposed to homeowners' associations where the people own a platted lot. Mr. Buza .noted that one of these enclosures was already built and slipped through without approval. Vice Mayor Marchese made a motion to approve the request. Motion was seconded by Commissioner Hester and carried 5-0. After a short break, the meeting resumed at 8:55 P.M. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 87-33 was read in title only by Attorney Rea: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-lA (SINGLE FAMILY RESIDENTIAL) TO C-2 (NEIGHBORHOOD COMMERCIAL), -11- MINUTES - REGULAR CITY COMMISSION MEETING BO~NTON BEACH, FLORIDA OCTOBER 6, 1987 SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; ~ENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. As no one wished to speak in favor of or against the pro- posed ordinance, THE PUBLIC HEARING WAS CLOSED. Commissioner Hester moved that proposed Ordinance No. 87-33 ~be adopted on second and final reading. Motion was seconded !by Commissioner Zibelli. A roll call vote was taken by Mrs. Betty Boroni, City Clerk: Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. Proposed Ordinance No. 87-34 was read in title only by Attorney Rea: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-2 (SINGLE AND TWO FAMILY RESIDENTIAL) TO C-3, (COMMUNITY COMMERCIAL), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLIiCTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. As no one wished to speak in favor of or against the pro- posed ordinance, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Marchese made a motion that proposed Ordinance 87-34 be adopted on second and final reading. Motion was seconded by Commissioner Hester and a roll call vote was taken by Mrs. Boroni: Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. -12- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 B. Ordinances - 1st Reading Proposed Ordinance No. 87-35 was read in title only by City Attorney Rea: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-2 (SINGLE AND TWO FAMILY RESIDENTIAL) TO C-l, (OFFICE AND PROFESSIONAL COMMERCIAL), 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. Commissioner Hester made a motion to accept proposed Ordinance No. 87-35 on first reading. Motion was seconded by Vice Mayor Marchese. Commissioner Zibelli asked if the local residents realize that the Commission cannot limit the size of the building to one story and Mayor Cassandra told her that they were present at the meeting and were informed at that time. Mrs. Boroni took a roll call vote: Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. Proposed Ordinance No. 87-36 was read in title only by City Attorney Rae: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTIONS 2-76, 2-79 AND 2-81 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; BY PROVIDING ADDITIONAL PROCEDURES FOR THE ENFORCEMENT OF CODE VIOLATIONS; BY PROVIDING FACTORS FOR THE CONSIDERATION OF THE AMOUNT OF FINES; PROVIDING FOR NEW SERVICE OF NOTICE REQUIREMENTS; PROVIDING A CONFLICTS CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Vice Mayor Marchese moved the acceptance of Ordinance No. 87-36 on first reading. Motion was seconded by Commissioner -13- MINUTES - REGULAR cITy COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 Hester. Commissioner Zibelli questioned what would be done if a person was only renting the house. City Attorney Rae stated that all that is required is that the violator be given requires only minimal service. It is assumed if a person is at least 15 years of age, that person is old enough to convey the message if necessary. Mayor Cassandra noted that the question was regarding a renter and not the owner of the home. Attorney Rae noted that if the violater is a renter, there are some problems. If the renter is the violator, the owner of the parcel must be notified. Mayor Cassandra clarified that all this ordinance proposes to do is make the City code coincide with the Florida Statutes. A roll call vote was taken by Mrs. Boroni: Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. Proposed Ordinance 87-37 was read in title only by City Attorney Rea: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING THAT A REFERENDUM ELETION BE HELD TO AMEND THE CHARTER OF THE CITY, AS ADOPTED BY THE FLORIDA LEGISLATURE AND BEING KNOWN AS CHAPTER 67-1118, SPECIAL LAWS OF FLORIDA, TO PROVIDE THAT, IF APPROVED BY THE ELECTORS OF THE CITY OF BOYNTON BEACH, THE ABOVE REFERENCED CHARTER SHALL BE AMENDED AS FOLLOWS: BY AMENDING SECTION 17 OF THE CHARTER TO PROVIDE THAT A RESIGNATION FROM OFFICE SHALL IMMEDIATELY CREATE A VACANCY UPON ITS TENDER; PROVIDING A BALLOT TITLE; PROVIDING THE OFFICIAL SUBSTANCE OF THE AMENDMENT TO BE PLACED ON THE BALLOT; DIRECTING THE CITY CLERK TO SUBMIT A CERTIFIED COPY OF THE ORDINANCE TO THE SUPERVISOR OF ELECTIONS; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Motion was made by Commissioner Hester to adopt Ordinance No. 87-37 on first reading. Motion was seconded by Commissioner Zibelli. Roll call vote was taken by Mrs. Boroni: Commissioner Hester Commissioner Mann Commissioner Zibelli - Aye - Aye - Aye -14- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 Mayor Cassandra Vice Mayor Marchese - Aye - Aye Motion carried 5-0. Proposed Ordinance No. 87-38 was read in title only by City Attorney Rae: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING THAT A REFERENDUM ELECTION BE HELD TO AMEND THE CHARTER OF THE CITY, AS ADOPTED BY THE FLORIDA LEGISLATURE AND BEING KNOWN AS CHAPTER 67-1118, SPECIAL LAWS OF FLORIDA, TO PROVIDE THAT, IF APPROVED BY THE ELECTORS OF THE CITY OF BOYNTON BEACH, THE ABOVE REFERENCED CHARTER SHALL BE AMENDED AS FOLLOWS: BY AMENDING SECTION 50 OF THE CHARTER TO PROVIDE THAT RESIGNATION OR FORFEITURE OF ELECTIVE OFFICE SHALL BE DEEMED TO CONSTITUTE A FULL AND COMPLETE TERM; PROVIDING A BALLOT TITLE; PROVIDING THE OFFICIAL SUBSTANCE OF THE AMENDMENT TO BE PLACED ON THE BALLOT; DIRECTING THE CITY CLERK TO SUBMIT A CERTIFIED COPY OF THE ORDINANCE TO THE SUPERVISOR OF ELECTIONS; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Vice Mayor Marchese moved the adoption of Ordinance No. 87-38 on first reading. Motion was seconded by Commissioner Hester. Commissioner Zibelli asked if the rest of the Charter would stay the same regarding someone being appointed to a vacated seat. Attorney Rae confirmed that it stays the same. Mrs. Boroni took a roll call vote: Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. Proposed Ordinance No. 87-39 was read in title only by City Attorney Rea: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYlqTON BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE CITY CODE BY CREATING A NEW ARTICLE IV, ENTITLED "ABATEMENT OF NUISANCES"; ESTABLISHING THE NUISANCE ABATEMENT BOARD OF THE CITY OF BOYNTON BEACH TO HEAR COMPLAINTS AND EVIDENCE REGARDING DRUG-RELATED NUISANCES ON PREMISES LOCATED IN BOYNTON BEACH; TO DECLARE SAID PREMISES -15- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 PUBLIC NUISANCES; TO ENTER ORDERS PROHIBITING THE MAINTENANCE OF SAID NUISANCES, AND THE OPERATION OF SAID PREMISES AND TO BRING SUIT FOR PERMANENT INJUNCTION AGAINST SAID NUISANCES; AUTHORIZING THE CITY ATTORNEY OR ANY CITIZEN OF THE CITY OF BOYNTON BEACH TO SUE IN THE NAME OF THE STATE TO ENJOIN ANY NUISANCE AS DEFINED IN SECTION 823.05 OF THE FLORIDA STATUTES, THE PERSONS MAINTAINING IT, AND THE OWNER OR AGENT OF THE BUILDING OR GROUND ON WHICH THE NUISANCE EXISTS; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING AUTHORITY TO CODITY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Commissioner Hester moved to adopt Ordinance No. 87-39 on first reading. Motion was seconded by Vice Mayor Marchese. Commissioner Hester asked if this would include the problem like that at 501N.W. 13th Street. Attorney Rea noted that this takes care of the activity and is not aimed at the structure itself. Commissioner Zibelli asked who would be on the Nuisance Abatement Board. Attorney Rea noted that at the present time the people who are serving on the Codes Enforcement Board will serve as the Nuisance Abatement Board but the Commission can change that membership if it so desires. Mayor Cassandra noted that the Codes Enforcement Board is a quasi judicial board and the only way to override their decision is by civil action. City Attorney noted that these members would only be sitting as the Nuisance Abatement Board and using a separate agenda. Mayor Cassandra noted that this could be passed now and tightened up at a later date. Mrs. Boroni took a roll call vote: Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. 6. Proposed Ordinance No. 87- by City Attorney Rea: was read in title only AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING THAT A REFERENDUM ELECTION BE HELD TO AMEND THE CHARTER OF THE CITY, AS ADOPTED BY THE FLORIDA LEGISLATURE AND BEING KNOWN AS CHAPTER 67-1118, SPECIAL LAWS OF FLORIDA, TO PROVIDE THAT, IF APPROVED BY THE ELECTORS OF THE CITY OF BOYNTON BEACH, THE ABOVE REFERENCED CHARTER SHALL BE AMENDED AS FOLLOWS: BY AMENDING SECTION 24 OF THE CHARTER TO -16- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 PROVIDE THAT AMENDMENTS TO THE CITY'S COMPREHENSIVE PLAN SHALL BE ADOPTED BY THE AFFIRMATIVE VOTE OF NOT LESS THAN FOUR-FIFTHS OF THE CITY COMMISSION MEMBERSHIP; PROVIDING A BALLOT TITLE; PROVIDING THE OFFICIAL SUBSTANCE OF THE AMENDMENT TO BE PLACED ON THE BALLOT; DIRECTING THE CITY CLERK TO SUBMIT A CERTIFIED COPY OF THE ORDINANCE TO THE SUPERVISOR OF ELECTIONS; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. City Attorney Rea referred to page 2 of this proposed ordi- nance noting the recommended changes (underlined). He noted that this is worded very broadly and anything done with the Comprehensive Plan under this would require a 4/5 vote. He noted that Staff has some concerns regarding this language. City Manager Cheney noted that the Comprehensive Plan is not a Land Use Document or a Zoning Document. He added that in the future the Comprehensive Plan will include the Capital Improvement Budget, etc. Mr. Cheney stated that perhaps that type thing should not be held up to a 4/5 vote as it might not get approval. He further stated that land use changes and zoning changes should require a super majority vote. Mr. Cheney noted that a Comprehensive Plan may never be adopted if it requires a super majority vote. He stated that the Commission may desire the 4/5 vote for land use adopted after the approval of the Comprehensive Plan. Carmen Annunziato stated that he felt that the Commission is concerned with land use plans which intensify land use. He added that that is only a small subset of the Comprehensive Plan. Mayor Cassandra stated that his concern is land use and zone changes but what he was hearing was that the word Comprehensive Plan should not be used. He stated that a very sensitive issue for the Commission is that they do not want this to become a political issue when the Commission changes. He added that it goes further than just inten- sification. He stated that he felt that it should require a vote of 4 to go from R-1AA to PUD, etc. Vice Mayor Marchese asked if City Attorney Rea could make the changes so that the City isn't hurt in its other func- tions. Mr. Rea stated that he felt this should be rewritten for clarity. Vice Mayor Marchese moved that this item of the agenda regarding the 4/5 vote requirement be removed and rewritten. Motion was seconded by Commissioner Zibelli and carried 5-0. -17- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 C. Resolutions 1. Proposed Resolution No. Re: Mags Demolition This item was removed from the agenda by the City Manager. e Proposed Resolution No. 87-XXX Re: Agreement with Seaboard Coastline regarding utilization of rights- of-way City Attorney Rea noted that Seaboard Coastline became CSXT and the agreements are still in effect. However; he noted that now the Department of Transportation (DOT) is buying from CSXT the rights-of-way, and wants the City to amend the agreements to allow for an assignment. Mr. Rae noted that all the rights and obligations the City has with Seaboard Coastline now will be between the City of Boynton Beach and the Florida Department of Transportation. Mayor Cassandra asked Mr. Rae if he had reviewed all the documents to ensure that there was nothing contained therein that the City might wish to keep. Mr. Rae clarifed that this was for the utility easements that the City has across Seaboard's rights-of-way which allow the City to cross the railroad. He added that this protects the City's rights to use these rights-of-way. Attorney Rae read this in title only: A RESOLUTION OF THE CITY COMMISSION, CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CERTAIN SUPPLEMENTAL AGREEMENTS WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF BOYNTON BEACH, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Commissioner Hester moved the adoption of Resolution No. 87-XXX on first reading. Motion seconded by Commissioner Zibelli and vote carried 5-0. D. Other Consider acquisition of 10 acre tract of land adja- cent to Shooter's Restaurant ....... TABLED City Manager Cheney requested that this be taken off the table. Commissioner Hester made a motion that this item be removed from the table. Motion seconded by Vice Mayor Marchese and carried 5-0. Mr. Cheney stated that he had written a memorandum which he felt expressed the Commission's desires regarding this tract of land. He noted that he was bringing a cost for an -18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 appraisal to the Commission at this time and if the Commission agrees, he would like permission to go forward and request that the appraisal be done. Mr. Cheney stated that City Attorney Rae had recommended an appraiser and the cost would be between $3,500 and $4,000. He added that this is the last piece of land in Boynton Beach which is on the Intercoastal Waterway. There was some discussion regarding the location of the land. Commissioner Hester noted that this is the property between Shooter's and Watersedge from U.S. 1 to the water. Commissioner Zibelli noted that the only piece of property the City has on the water is Boat Ramp Park. Mayor Cassandra noted that the property may not be in the City's price range but he felt that the appraisal could be done and then this could be made a referendum item for the people to decide. He also noted that Boat Ramp Park is at capacity at this time. He stated that it might be possible to use the new property for boats and make Boat Ramp Park all people use. This will depend upon what the people of Boynton Beach want to do, but the first step is to have it appraised. Commissioner Mann asked if this property is Lots 7, 8, and 9. Mr. Cheney noted that there are two homes between Boat Ramp and the property. Commissioner Mann also asked if this property would be a multi-million dollar deal and Mr. Cheney remarked that Mr. Moore suggested that he felt it would be sold at no more than $2.5 million, maybe even lower. Commissioner Mann asked if this would be the City's first effort at land banking. City Manager Cheney stated that he did not know, and that there was a possibility that the people would not wish it to be land banking. He noted that the people may prefer to make it a park. Mayor Cassandra noted that the only issue before the Commission at this time is to make the decision of whether or not to have the land appraised. Once this is done, a public audience will be held before it could be placed on the ballot. This will allow input by Commission as well as citizens. Commissioner Mann had some reservations about spending money is this way. Vice Mayor Marchese expressed that he felt since this was the last piece of land on the water, the people should be given the opportunity to buy it. Mr. Marchese noted that the first step would be to have the appraisal so the City would know if the seller is asking a fair price and go from there. Mayor Cassandra noted that Commissioner Mann had recommended that the City buy*all the land,on the Boynton Beach *should read "an 8 lot site" See minutes of -19- 10-20-87 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 Boulevard side, develop it, and give the stores a chance to buy in. He further noted that he felt this was land banking also. He noted that it depends on the use and the need. Mr. Cheney noted that the land at Boat Ramp Park was not land banking as it was bought for a specific purpose. He also noted that the City just bought a small piece of property at Pioneer Park but that is not really land banking. Commissioner Mann stated that if land banking was to be the policy, he needed to know. Mayor Cassandra stated that he did not think this would be considered land banking, but that the people would decide if they wished to buy and for what purpose it would be used. He further noted that all proper steps would be followed and the first step is the appraisal of the land. Vice Mayor Marchese moved that the funds be expended to have the 10 acre tract of land next to Shooter's Restuarant appraised. Motion was seconded by Commissioner Hester. Motion carried 4-1 with Commissioner Mann voting against the motion. Consider Water Service Agreement - Sandpiper Cove P.U.D. This item deleted from the agenda pursuant to the request of City Manager Cheney. 3. Consider alternatives concerning City response to noise problem City Attorney Rea referred to his Memorandum dated September 29, 1987 which was written in response to a request from the Commission. He noted that he had researched a number of other city ordinances and found that most cities have some decibel levels set as a maximum amount of noise allowed. He also stated that every city has trouble enforcing the ordi- nance. He noted that most also specifically restrict cer- tain activities which they feel are objectionable - such as hours of operation or the manner in which the activity is operated. Mr. Rea noted that the noise problem could be attacked by limiting specific hours, limiting specific use and requiring attendants. He noted that specific problems would have to be addressed. Mayor Cassandra stated that he did not feel that the problem had been addressed entirely. He stated that he would speak with Mr. Rae later. Mayor Cassandra stated that he had just received a call from a resident at N.E. 20th Lane next to Shooters. She stated that Saturday and Sunday she had been blasted out of her house with the loud music and parties -20- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 from Shooters. Mayor Cassandra stated that this memorandum did not address that problem and it did not solve the problem of the car wash. He noted that most complaints come from the loud noise and parties at Shooters. Mayor Cassandra stated that at this time he is having citizens record date, time, etc. when the noise levels are very high. When he has this information, he and the City Manager will check further into the situation and Mayor Cassandra will go out and check the level of noise himself. He noted that the intensity of sound is the problem, and not just how loud the noise is. Commissioner Zibelli asked if the Commission could stay on the problem with the car wash. City Manager Cheney noted that the City could require that an attendant be hired and require that it close at a certain time. Commissioner Zibelli made a motion that City Attorney Rae proceed to write an ordinance addressing questions raised in the September 29, 1987 memorandum. Motion was seconded by Vice Mayor Marchese and carried 5-0. OLD BUSINESS ae Printing Services - Boynton Beach Printer vs Non City Printer (Tabled at the September 17, 1987 meeting) Commissioner Zibelli made a motion to remove this item from the table, seconded by Vice Mayor Marchese. Motion carried 5-0. Commissioner Zibelli asked City Attorney Rea to tell the Commission what he had found out relative to this issue. Mr. Rea stated that he had examined the State Statutes and noted that the City has a problem to award a printing bid to anyone other than the lowest bidder. He noted that on essentially identical bids, preference could be given and bid awarded to a local printer. He noted that as far as the competitive bidding process is concerned, the City would have to stay with the lowest bidder. He added that he was not sure how flexible the City could be, noting that pre- ference can be given to a local firm. Mr. Rea stated that the problem arises in deciding what is substantially lower, taking into consideration convenience, etc. Mayor Cassandra noted that the Commission has not awarded to the lowest bidder at all times due to continuity of parts, equipment, quality, etc. He noted that this was done upon the recommendation of Staff. Mr. Cheney stated that printing was a little different and that the City had not -21- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 made selections which would go against State Statutes in the other instances. Mr. Rae noted that there is some flexibility in the printing issue but he is not sure where the line will have to be drawn. City Manager Cheney stated that from this point on, he will give the Commission a specific report of why the City awarded the way it did. Mayor Cassandra stated that would be good. NEW BUSINESS Approve extending for three years the Palm Beach County Urban County A~reement for Community Development City Manager Cheney stated that the issue is whether or not to continue to use the Urban County program for community funding for another three years, noting the City has been in the program for 9 - 12 years. He stated that he received a letter last week indicating that the City would be getting an agreement which should be approved by October 15th. Mr. Cheney noted that he received the agreement on Monday, October 5th. He and Staff looked at it, and Mr. Rea prepared a resolution. The Staff recommends staying in the Urban County program for the next three years. Mr. Cheney noted that a grant of $337,000 was to be given to finish the roads in the Cherry Hill project. He noted that the City has a good opportunity for good relations with the County on housing and housing funds. He felt the greatest advantage to staying with the program for three years is that the administrative problems of handling the money will be handled by the County. Demolition and relocation which is involved would also be handled by the County from their funds. Commissioner Mann asked if this was in lieu of the City having its own local housing authority. Mr. Cheney stated that it was not in lieu of the City's own housing authority. He noted that the City still has its own independent freedom to reactivate its housing authority if it sees fit. Resolution No. 87-YYY was read by City Attorney Rea in title only: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERGLOBAL AGREEMENT BETWEEN PALM BEACH COUNTY AND BOYNTON BEACH RELATED TO COMMUNITY DEVELOPMENT BLOCK GRANT ACTIVITIES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. -22- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 Commissioner Heater moved to approve Resolution No. ~87-YYY. Motion was seconded by Vice Mayor Marchese and carried 5-0. 2. Grant of $337,000 to be used in the Cherry Hill Project Commissioner Zibelli made a motion to approve the agreement between the City and County for Community Development funds. Motion was seconded by Commissioner Heater. Commissioner Zibelli asked if the funds received next year would be like Delray got to fix up-rental housing. Mr. Cheney noted that would depend upon what the City applies for and what the funds are granted for. He noted that the City plans to set aside money of its own for that purpose and hopes to match that money from private sources. He noted that in early November a meeting with Plantec is planned. At that time he hopes to have a general outline which addresses the housing problems. Motion carried 5-0. Approve request for zoning approval for Alcoholic Beverage License for Harvey's Place (Tabled at 09/21/87 Meeting Vice Mayor Marchese moved that this item be taken off the table upon recommendation of City Manager Cheney. Motion was seconded by Commissioner Heater and carried 5-0. Mr. Cheney referred to Building Official Bud Howell's memorandum of September 25, 1987 which states that the building is in sound condition and he recommended approval of an alcoholic beverage license. Discussion was held con- cerning the location of Harvey's noting the problems in that area. Mayor Cassandra noted that legally the City must issue a license as all conditions have been met. Mr. Cheney noted that the Health Department and the Department of Revenue have both approved this request. City Attorney Rea noted that if there is no substantial change in the non-conforming use, the license will have to be granted. There was some discussion concerning the need for further research, but the Commission decided to approve upon recommendation of the City Manager. Vice Mayor Marchese made a motion to approve the alcoholic beverage license for Harvey's Place. Motion was seconded by Commissioner Heater and carried 5-0. -23- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 C. Approve Agreement for Workmen's Compensation Insurance City Manager Cheney stated that this issue ties in with the discussion held during the Budget session regarding self insurance. He noted that this is the total program the Staff is recommending to the Commission. Mr. Cheney noted that he felt this was a good "gamble" and he recommended that the money be kept in the budget and this program be funded with its administrative costs and the claims that come in. This would be a self insurance fund for this acti- vity. Mayor Cassandra asked what Professional Administrators, Inc. was, and Mr. Cheney noted that they are professional administrators of the workmen's compensation program. He noted that this meant that instead of the City hiring its own staff to review/administer claims, this group would do that for the City, He further stated that the group has done exactly that for the insurance company that had the workmen's compensation as well as for the hospital. Mr. Cheney noted that this group knows the City and has worked with the City and he feels that is the direction to take. Vice Mayor Marchese moved the approval of the Agreement for Workmen's Compensation Insurance program. Commissioner Hester seconded the motion which carried 5-0. Approve Palm Beach County Cooperative Library Service Agreement Mr. Cheney noted that the only reason this item is not under the Consent Agenda as it usually is, is due to the fact that this is a continuing agreement and not an annual agreement. He further noted that either party can negate the agreement with either 30 or 60 days notice if they desire. He recom- mended approval noting that this is one way to indirectly get some State funding through the County. He noted that $75,000 is in the program to assist the participating libraries and the County has never raised this amount in five years. Commissioner Zibelli moved to approve the Palm Beach County Cooperative Library Service Agreement. Motion was seconded by Commissioner Hester and carried 5-0. E. Approve Grant Application to the Florida Department of Community Affairs for Coastal Zone Management Study Mr. Cheney stated that this is an attempt to get a small amount of money from the State to comply with the Coast -24- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 Management Act as directed by the State Legislature. He noted that $40,000 was used for the housing element of the Comprehensive Plan and he recommended approval of the new allocation of $37,296 for the Coastal Zone Management. Mr. Cheney noted that that plan may cost more than that but the $37,296 would go toward that. He noted that there is a deadline for returning this agreement to the State and the City must verify that it will take the money and use it for coastal zone management services. It was clarified that this is for anything east of the FEC. Commissioner Hester made a motion to approve the Grant Application to the Florida Department of Community Affairs for Coastal Zone Management study. Motion was seconded by Vice Mayor Marchese and carried 5-0. Resolution to the Governor and other appropriate legislative bodies endorsing the City's unhappiness with the new gun law The Commission directed City Attorney Rae to draft a resolu- tion to be sent to the Governor and other appropriate legislative bodies endorsing the City's unhappiness with the new gun law. G. Resolution concerning scrub areas Vice Mayor Marchese referred to his conversations with con- cerned citizens, Mr. Dan Boyar and Mrs. Stella Rossi, regarding money from the County to purchase the rapidly disappearing scrub lands. He noted that every drop of water which falls into the scrub areas goes into the aquifer. Vice Mayor Marchese stated that he felt a resolution was in order to the County Commissioners and to the State that these properties be bought through Conservation and Recreational Land (CARL) funds. He noted that there are one or two of these scrub areas in Boca Raton and the same number in Boynton Beach. Vice Mayor Marchese noted that these would make excellent parks. Mayor Cassandra noted that he was concerned due to the the use of CARL funds as the City already has already forwarded a request for CARL funds and he would not want to see one denied. He requested that the resolution say State funds. Mr. Marchese stated that was fine with him. City Manager Cheney stated that the lands need to be identified to see what the expected alter- native uses are. Mayor Cassandra recommended that Vice Mayor Marchese contact Mr. Boyar and ask him to bring the information to the City Attorney. Mr. Cheney noted that -25- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 City policies have to be balanced. He further stated that one of the policies has been to accept a twenty acre piece of land in the north end of the City specifically for recreational purposes. He noted that this recreation area would greatly Improve living conditions and the quality of life in that area. He suggested that the City look care- fully in weighing the use of land where there is already high density development and no public land. The judgment would have to be made as to whether ten acres should be used for those purposes. He noted that land set aside as scrub area would then be untouchable even for recreational use. Mr. Cheney noted that the City has houses with people who have needs too and there must be a balance. Mr. Cheney felt the other scrub area is on South Seacrest and that area has not been developed. Mayor Cassandra recommended that Vice Mayor Marchese contact Mr. Boyar and ask him to spell out exactly where the areas are located, and give that information to the City Manager. Mayor Cassandra noted that the scrub area in the north end of the City has been promised as a recreation area. Commissioner Zibelli noted that some of the scrub could possibly saved. Vice Mayor Marchese stated that the City Manager's request was well taken and he would contact Mr. Boyar and request that he provide information to Mr. Cheney. Community Appearance Board Commissioner Mann noted that he had a copy of some correspondence from the Boynton Beach Garden Club wishing to assist in the beautification of the city, as well as the Memorial Tree organization. Mayor Cassandra noted that with the Memorial Tree, people can make donations to this organi- zation and the orgnaization will plant a tree when they have enough money to do so. He noted that there can be no plaque on the tree. Commissioner Mann noted that the letter he had received stated that the Memorial Tree group would like to plant trees in the median. City Manager Cheney noted that the last tree planted at the corner of Seacrest and Woolbright was done by the Tree Memorial program. He noted that there is no problem with getting this group involved. Commissioner Mann passed the letters along to the City Manager and asked him to consider the offers and inform the Commission. There was some discussion regarding the trees around the old City Hall. -26- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 ADMINISTRATIVE aJ Replacement to fill vacant alternate position - Community Relations Board - Term expires April, 1988 (Tabled 9.9/22/87) Vice Mayor Marchese moved that this item be removed from the table. Motion was seconded by Commissioner Zibelli and carried 5-0. Mayor Cassandra nominated Muriel E. Burns to fill the vacant alternate position on the Community Relations Board. Motion carried 5-0. Be Consider replacement to fill vacant position - Employees Pension Board - Term expires April, 1989 (Tabled 09/22/87) Vice Mayor Marchese made a motion that this be removed from the table. Motion was seconded by Commissioner Zibelli and carried 5-0. Vice Mayor Marchese made a motion that O'Hara W. Humphries be nominated to fill the vacant position on the Employees Pension Board. Commissioner Hester seconded the motion which carried 5-0. Mr. Cheney noted that the Pension Board will meet Monday night and requested that the City Clerk's office notify Mr. Humphries of that meeting. Consider replacement to fill vacant alternate position, replacing Arnold Fasano, Civil Service Board - Term expires April, 1988 (Tabled 09/22/87). Commissioner Zibelli requested that this item be left on the TABLE. De Discuss Children's Home Society/Project Safe Place - Requested by Mayor Nick Cassandra Mayor Cassandra noted that Marty Preheim, representative of the Children's Home Society/Project Safe Place, is requesting an endorsement of her program from the Mayor. Mayor Cassandra noted that he felt that it might be appropriate for each Commissioner to send a letter of endor- sement as well. Ms. Preheim stated that she would be most appreciative of those endorsements. -27- .MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1987 Commissioner Mann made a motion that the City Commissioners write a letter of endorsement to the Children's Home Society/Project Safe Place. Motion was seconded by Commissioner Hester and carried 5-0. E. Authorize voting delegate for Florida League of Cities Conference Vice Mayor Marchese made a motion that Commissioner Hester represent the City as the voting representative for the Florida League of Cities Conference. Motion was seconded by Commissioner Zibelli. After some discussion Commissioner Hester agreed to serve as the voting delegate. Motion carried 5-0. F. Approval of Trailers for the City City Manager Cheney noted that 13 trailers are required at five different locations for the City construction projects. Vice Mayor Marchese made a motion to approve the trailers for the City for the Capital Improvement Program. Motion was seconded by Commissioner Zibelli and carried 5-0. G. Temporary Signs for the Golfview Harbor Halloween Carnival as required by the Sign Code Vice Mayor Marchese made a motion that approval be given for the temporary signs for the Golfview Harbor Halloween Carnival. Motion was seconded by Commissioner Zibelli and carried 5-0. ADJOURNMENT The meeting adjourned at 10:26 P.M. ATTEST: RecordingVSec'r etary (Three tapes) CITY OF BOYNTON BEACH, FLORIDA Commissioner Commiss loner 10. 11. AGENDA October 6, 1987 ALLEN INSURANCE AGENCY Renewal of Surety Bond --Policy #EX315711 American States Insurance Pay from General Fund---001-195-519-40-45 ALLEN INSURANCE AGENCY Renewal of Commercial Crime Ins. -- Policy #MS0675297 American States Insurance Pay from General Fund ---001-195-519-40-44 Pay from Golf Course Fund---411-725-572-40-44 ALLIED SIGNAL INCORPORATED 1 Months Lease of Pilot Unit Pay from 1985 Construction Fund---409-000-169-01-00 ALLIS-CHALMERS PUMP, INC. For Liftstation #504- Rotated Element w/ Motor & Impeller Pay from Untility General Fund---403-000-252-07-00 AMBASSADOR REAL ESTATE EQUITIES CORPORATION Pineland Plaza Rent Plus Pass-Through Chrg. for August and September 1987. Pay from Building Improvement Fund---304-000-155-~v~O~, AMERICAN STATES INSURANCE COMPANY 2ND Payment- Renewalbf Policy"# 02-EF-143100 Pay from General Fund ---001-195-519-40-43 " " ---001-197-519-40-43 Pay from Water/Sewer Revenue Fund---401-395-593-40-43 Pay from Golf Course Fund ---411-725-572-40-43 BOOZ-ALLEN & HAMILTON INCORPORATED Final Payment for Contract Proposal Pay from Building Improvement Fund---304-197-519-60-gE BROOKS PRODUCTS For Meter Boxes, Lids, and Covers Pay from Water/Sewer Revenue Fund---401-333-533-60-51 CLUB CAR September Lease and Maintenance for 30 Carts Pay from Golf Cource Fund---411-727-572-40-33 " " 411-727-572-40-99 CORPORATE DESIGN INTERIORS INCORPORATED Panels and Moveable Partitions and Walls for City Hall Pay from Building Improvement Fund---304-194-519-60-29 WILLIAM JEFFREY DAVIS, M.D. Services as Medical Doctor for Sept. and October 1987. Pay from General Fund---001-221-522-40-6F COMMISSION OCT 6 198'~ APPROVAL $ 2,365.00 1,427.00 2,250.00 5,712.00 15,912.50 6,739.92 13,700.00 22,559.50 2,218.50 12,964.69 2,400.00 12. 13. 14. 15. 16. DIVERSIFIED DRILLING CORPORATION Periodical Estimate #9 - Test/Production Well Program Pay from 1985 Construction Fund---409-000-169-01-00 EDWARDS ELECTRIC CORPORATION OF FLORIDA Periodical Est. #3 - Pilot Plant Site & Wells 1W & 12W Pay from 1985 Construction Fund---409-000-169-Ol-00 EQUIPMENT CONSULTANTS CORPORATION 1 Lift-All Model LAT-24-1S-USM Unit for Truck #605 Pay from Vehicle SVS Fund---501-193-519-60-88 ERNST & WHINNEY, CPA Professional Services Rendered through August 31, 1987 in Connection with the Annual Audit Pay from General Fund ---001-131-513-40-66 Pay from Water/Sewer Revenue Fund---401-393-539-40-66 FLORIDA LEAGUE OF CITIES Annual Membership: 10-1-87 to 9-30-88 Plus 16 Annual Subscriptions to "Quality Cities" magazine Pay from General Fund---001-121-512-40-7G " " 001-121-512-40-74 17. FLORIDA SERVICE ENGINEERS, INC. Labor and Materials to Replace Transmitters Pay from Water/Sewer Revenue Fund---401-332-533-40-33 18. GREATER BOYNTON BEACH CHAMBER OF COMMERCE, INC. Chamber of Commerce Services Stmt. of 8-31-87 Acct #999998 Pay from Publicity Fund---101-191~519-40-54 19. 20. 21. BEN HOGAN For 426 Hogan Leather Gloves Pay from Golf Course Fund---411-000-142-01-00 IBM Computer Equipment Pay from General Fund---001-133-513-60-7B Pay from Federal Rev Sharing---320-000-247-1B-00 IBM Copier III Model 60 Pay from General Fund-001-121-512-40-22 " 001-141-514-40-22 " 001-198-519-40-22 " 001-197-519-40-22 " 001-192-519-40-22 " 001-241-524-40-22 " 001-122-512-40-22 " 001-133-513-40-22 " 001-131-513-40-22 " 001-221-522-40-22 " 001-711-571-40-22 $ 35,498.43 5,481.68 9,700.00 6,500.00 2,619.70 7,590.00 1,375.00 2,342.95 14,182.00 2,635.37 COMiVIISSION OCT 6 198]' APPROVAL 22. 23. 24. Pay from General Fund---001-242-524-40-22 " 001-722-572-40-22 " 001-151~515-40-22 " 001-211-521-40-22 " 001-394-539-40-22 " 001-134-513-40-22 " 001-135-513-40-22 " 001-721-572-40-22 Pay from Comm. Redevelopment Agency---621-136-513-40-22 Pay from Water/Sewer Revenue Fund ---401-392-539-40-22 " 401-393-539-40-22 Pay from Golf Course Fund ..... 411-725-572-40-22 IBM CORPORATION Adjustment Charges on Copier II Usage - 8/1/86 - 7/31/87 Pay from General Fund---001-211-521-40-22 INDUSTRIAL ELECTRIC MOTORS Replacement and Rewinding of Bearings Pay froTM Water/Sewer Revenue Fund---401-352-535-40-33 LAW ENFORCEMENT EQUIPMENT CORPORATION 110 gr 38 spl Semi Jacketed H/P Pay from General Fund---001-211-521-30-81 25. LAWMEN'S & SHOOTERS SUPPLY INC. Smith & Wesson Model 659 ss Auto Loading Pistols Rogers SS3 .Security Holster Safariland Model #86 Magazine Pouch Pay from General Fund---001-211-521-60-42 26. LESRAY BOBCAT, INC. #T136 Trencher (w/ 6-way dozer blade) Pay from Water/Sewer Revenue Fund---401-333-533-60-42 27. 28. 1,062.50 29. 1,350.00 30, 1,109.94 31. 10,920.59 16,098.00 LOWEN SALES CORPORATIN Consecutively Numbered Beach Decals PaY from General Fund---001-122-512-40-72 1,296.00 MACMILLAN PUBLISHING COMPANY Encyclopedia of Religions (16 volume set) Pay from General Fund---001-711-571-60-61 1,125.00 WILLIAM M. MERCER-MEIDINGER-HANSEN Services rendered during the quarter ended 7/31/87 Pay from Retirement Trust Fund---611-137-513-20-29 2,7.75.00 MICRO-TEL, INC. Micro-Call Acct. System Pay from General Fund---001-194-519-60-9E 2,800.16 Architectural Services (Construction of T~p. Parki Pay from Building Improv~ent F~d---304-457-545-40-63 OCT 6 APPROVAL 33. 34. 35. 36. 37. MORGAN, LEWIS & BOCKIUS Legal Services Rendered (August 1987) for Police Pension Pay from General Fund---001-141-514-40-6R PALM BEACH COUNTY MUNICIPAL LEAGUE 87-87 Annual Membership Dues Pay from General Fund---001-121-512-40-7G PALM BEACH COUNTY SOLID WASTE AUTHORITY For the Use of the County Landfill for August 1987 Pay From Sanitation Fund---431-341-534-40-gA PALM BEACH NEWSPAPERS, INC. Legal Ads for August 1987 Pay from General Fund---001-122-512-40-7M " 001-122-512-40-75 S.G. PHILLIPS CONSTRUCTORS OF FLORIDA, INC. Requisition #24 - Plant Expansion Pay from 1985 Construction Fund---409-000-169-12-00 5,725.12 PHYSIO CONTROL Lifestate 100 #802602-00 Adult/Pediatric Blood Pressure Monitor. Pay from General Fund---001-000-115-85-00 3,000.00 38. POST, BUCKLEY, SCHUH, & JERNIGAN, INC. Professional Services Rendered in Connection wit~k~-~3MG Tank and Booster Station for period ending 8/31/87. Pay from Utility General Fund---403-000-169-01-00 39. DON REID FORD 12 1987 Ford LTD C/V 4DR Sedans Pay from Vehicle Service Fund---501-193-519-60-81 " 501-193-519-60-88 79,752.80 40. 1,498.64 41. 19,183.00 42. 2,183.40 43. 12,495.00 129,876.00 SAVAGE CONSTRUCTION Monitoring the Closing of the Landfill Pay from Sanitation Fund---431-341-534-90-62 4,500.00 RICHARD L. SHEPHARD AND ASSOCIATES Survey - Topo on S.E. 20th St. & Alley Between S.E. 3rd ST. and 21st Avenue. Pay from Water/Sewer Revenue Fund---401-333-533-60-5A 1,005.00 RICHARD L. SHEPHARD AND ASSOCIATES Survey - Topo on Ocean Avenue between S.W. 8th Street and S.W. 7th Street. Pay from Water/Sewer Revenue Fund---401-351-535-40-3F 1,080.00 SIEMON, LARSEN, MATTLIN, & PURDY Tradewinds Development Corp. v. City of B.B. Pay from General Fund---001-141-514-40-61 OCT 6 1987 APProVAL 46. 48. 49. SIFCO BEARINGS Service of Glass Bead Cleaning ( Test, Inspect, New Balls, Spacers, Reassemble, Final Inspec. and Coat) Pay from Water/Sewer Revenue Fund---401-332-533-40-33 " " 401-332-533-30-65 $ 1,150.00 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BD. Requisition No. 1 - Hazen and Sawyer - Odor Facility Project- Odor Abatement Pay from1985 ConstruCtion Fund---409-000-169-12-00 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BD. Payment of User Charges for August 1987 Pay from Water/Sewer Revenue Fund---401'353-535-40-gI UNIJAX Janitorial Supplies Pay from General Fund i! ---001-192-519-30-9A 001-192-519-30-92 001-221-522-30-92 001-721-572-30-92 Pay from Water/Sewer Fund---401-331-533-30-92 Pay from Golf Course Fund---411-725-572-30-92 Pay from Vehicle SVS Fund---501-193-519-30-92 URBAN DESIGN STUDIO Professional Services Rendered for 7/1/87 - 7/31/~7 Pay from General Fund---001-151-515-40-62 WATER RESOURCES 1 sumo SUbmersible Well Pump Motor; 1 Pigtail (Due to Damage Caused by Lightning at Well #16 - 9/14/87 Pay from Water/Sewer Revenue Fund---401-395-539-40-4A WILSON SPORTING GOODS COMPANY Sporting Goods Pay from Golf Course Fund---411-000-142-01-00 CPT OF SOUTH FLORIDA, INC. Maintenance CPT System Equipmentfor City Mgr. Clerk. Pay from General Fund---001-121-512-40-33 " 001-122-512-40-3G and City 26,141.28 89,668.46 4,812.05 2,088.85 3,121.56 7,276.50 6,312.00 The bills described have been approved and verified by the departmentheads involved, checked and approved for payment. OMMISSIO Grady W.0Swann, Finance Director I therefore recommend payment of these bil APPROVAL en C. . .