Loading...
Minutes 10-07-86MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, OCTOBER 7, 1986 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Carl Zimmerman, Vice Mayor Robert Ferrell, Councilman Ezell Hester, Councilman Dee Zibelli, Councilwoman George Hunt, Assistant City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney Mayor Cassandra called the meeting to order at 7:35 P. M. The Invocation was given by Rev. Ken Ferguson, Ascension Lutheran Church, followed by the Pledge of Allegiance to the Plag led by James Vance, City Attorney. AGENDA APPROVAL Under "CONSENT AGENDA", Assistant City Manager Hunt added a bill from Nutting Engineers for $3,442 for the soil exami- nation for the new communications dispatch center, and a bill from Kirk E. Friedland, Attorney, for professional ~ervices rendered in the Tradewinds case, in the amount of $1,287.50. Under "LEGAL, Ordinances - 1st Reading", Assistant City Manager Hunt added "Proposed Ordinance No. 86-37 Re: Changes to the Comprehensive Development of Regional Impact". Councilwoman zibelli.added "B. N. E. 4th Street Project" Under "NEW BUSINESS". Under "LEGAL, Other", Mayor Cassandra added "4. Report on Hearing on Tradewinds Case". Councilman Hester moved to adopt the Agenda with the addi- tions. Councilwoman zibelli seconded the motion, and the motion carried 5-0. ANNOUNCEMENTS First City Council Meeting in November will be November 5, 1986, since November 4, 1986 is the General Election Mayor Cassandra made the announcement. - 1 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~OCTOBER 7, 1986 Proclamation - Shrine Hospital Days - October 27, 1986 - November 8, 1986 Mayor Cassandra read the Proclamation. ASSISTANT CITY MANAGER'S REPORT Report on Elizabeth Jenkins (Public Audience 9/16/86 City Council Meetinq) Assistant City Manager Hunt reported that the Building Depart- ment informed him that emergency repairs had been completed in the home, and a regular electrical contractor has been contacted to work with Mrs. Jenkins in correcting some of the mistakes that were made. Mayor Cassandra told Mrs. Jenkins she would be allowed to speak during the "PUBLIC AUDIENCE". Codes Enforcement Officers As of November 5, Assistant City Manager Hunt said three Codes Enforcement Officers will be officially hired. The City went through an internal selection process of tests and  nterviews. Mr. Hunt informed Councilwoman zibelli that all hree were present City employees. Crack Cocaine Because of the press coverage, Assistant City Manager Hunt felt everyone was aware of the City's crackdown on crack cocaine. The Police have been getting a lot of community support, and it is going very well. Councilman Hester read about the crackdown, thought it spoke well of the Police Department, and he commended them for a job well done. Tropigas On Thursday, October 9, Assistant City Manager Hunt said Tropigas proposes to burn off excess gas from a tank which needs a repair in one of its key valves. The Police and Fire Departments examined the request and declared it safe. The community may notice a rather large flame at times and perhaps some barricades around some of the area, but it will be done under controlled supervision. The Assistant City Manager's report was accepted as presented. - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 PUBLIC AUDIENCE Mayor Cassandra announced that anyone wishing to speak on an item not on the agenda could do so now. Anyone wishing to speak on an item on the agenda should fill out a form. He emphasized that no one could speak during first reading of an Ordinance and must wait until it comes before the Council for second reading. Assistant City Manaqer's Report re Repairs to Residence Elizabeth Jenkins, 711 N. W. 1st Street, thanked the Council, Mr. Hunt, and the City for what they did for her, expressed her appreciation, and elaborated. Mayor Cassandra asked if all of Mrs. Jenkins electrical Safety problems were taken care of, so there is no hazard. Mr. Hunt answered affirmatively. Bavarian Haus - Forum Shopping Center Roland F. Reinhardt, 240 North Congress Avenue, has owned the Bavarian Haus for five years and has been to the Council before because of problems with his neighbor and the City. The problems are continuous and have not stopped. Since they built the shopping center and movie theater, Mr. Reinhardt said they had to move his sewage line that worked properly and fine for ten years. Mr. Reinhardt explained and added that the developer never called the City for an inspection, but the City gave him a certificate of occupancy (C.O.) anyway. The problem is, Mr. Reinhardt's place is flooded, and he has spent a lot of money trying to get the problem solved. He went to the Building Department and Utilities Department. Mr. Reinhardt ~xpounded and said he has had this problem since April. The Building Department and Utilities Department could not help Mr. Reinhardt and suggested that he come to the Council. The shopping center has now applied to build an offiCe ~omplex. Mr. Reinhardt thought they should solve his problem first. They moved his sewage line, and nobody was in charge. The Utilities Department said they were not in charge, because they are only in charge of the City line, ~nd this was not a City line. The Building Department had ~o check it and went to the Engineer's office in West Palm Beach. The plumber is out of business. - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 Mr. Reinhardt has had the same problem for six to eight weeks because of the City and the developer. He repeated prior statements. Three times, Mr. Reinhardt's water pipes were broken. He had to close his restaurant because he had no water. Mr. Reinhardt excl~aimed that the City had to do something because it was the City's fault. City Attorney Vance interrupted to advise that the City Council should have a report prepared by the City Manager's office prior to entering into any discussion on this. Mayor Cassandra agreed. Before Perry Cessna, former Director of Utilities, retired, Mr. Reinhardt said he made a report about this. The Build- ing Department promised to check into it. Mayor Cassandra informed him that the Council was directing the Assistant City Manager to bring a report to the Council, so some action will be taken which, he hoped, would solve the problem. Assistant City Manager Hunt said if Mr. Reinhardt would go ~o his office tomorrow (October 8), someone from the uilding and Utility Departments, and he would sit down and talk with Mr. Reinhardt. Police Ralph A. Marchese, 1901 Roma Way, expressed pride in the Police Department and expounded. Developers Disregard for City Codes and Welfare of Citizens Mr. Marchese referred to the apathy of some of the citizens f the City and trusted the press would carry what he was aying. He read articles in the paper where there was no uestion that developers come in ~nder the guise of progress, knowing the laws of the City prohibit certain functions, and iuy property. They do not care i'f it is restricted. If hey do not buy the property, they put an option on it with he hope of making a bundle of money. Mr. Marchese pleaded with the Council and people because heir apathy can result in possibly electing a Council that · ill not be so keen and interested in the City, and the City ight end up with another "concrete canyon". Although rogress is imperative, he thought it should be controlled. evelopers should not hide behind progress because after hey make their bundle, they run. - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 Mr. Marchese told of very little traffic being here when he first came. For years, every developer has said, "No traffic impact." Mr. Marchese hoped they would not wind up with a bunch of homes built for immediate consumption by combustion and that they would not be of such structure and height that they would obscure the sun. He urged the people to come out on Election Day and protect the interests of the City. Mr. Marchese elaborated. As no one else wished to speak, THE PUBLIC AUDIENCE WAS CLOSED. CONSENT AGENDA A. Minutes 1. Public Hearing Meeting Minutes of September 15, 1986 2. Regular City Council Meeting Minutes of September 16, 1986 3. Special City Council Meeting Minutes of September 17, 1986 B. Bids 1. Electrical Service, Pilot Plant Site and Wells 1W and 12W - Utilities The Tabulation Committee recommended awarding the bid to Edwards Electric Corporation of Florida, Inc., West Palm Beach, Florida, in the amount of $38,100. 2. Pilot Plant Site Pumps, Piping, Water Storage and Irrigation System - Utilities The Tabulation Committee recommended awarding the bid to Madsen/Barr Corporation, Fort Lauderdale, Florida, in the amount of $45,245. 3. Joint Co-op Bid for Anhydrous Ammonia - Utilities The Tabulation Committee recommended awarding the bid to Bower Ammonia & Chemical Co., Philadelphia, Pennsylvania, in the amount of $1.85 per pound. - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 1. Proposed Resolution No. 86-TTT Re: Reduction of Performance Bond - Homes of Lawrence "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE PERFORMANCE BOND" 2. Proposed Resolution No. 86-UUU Re: Lot Mowinq Lien "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTY INVOLVED, AND FOR OTHER PURPOSES." D. Development Plans None. Approve request submitted by Palm Beach Leisureville Community Association to display six (6) temporary signs for their Annual Bazaar By letter dated September 24, 1986, Jeanne F. Creighton, Office Manager, Palm Beach Leisureville Community Associa- tion, Inc., wrote that the Bazaar will be held Saturday, November 8th between 9:00 A. M. and 7:30 P. M. at Recreation Area ~3, 2002 S. W. 13th Avenue, and the signs will be removed not later than Monday morning, November 10, 1986.. F. Approve Chanqe Order No. 2 - Boat Club Park Expansion Charles C. Frederick, Director of the Recreation & Park Department, recommended approval of the change order. Approve request for refund, Lot 476A, Block N, Boynton Beach Memorial Park Addn. #1 Susie J. Lewis, c/o Mrs. Mildred W. Brunson, 1045 Oak Street, 9i1010, Jacksonville, Florida 32204, requested a refund of $1160 ($'200 purchase price less $40, or 20%). Consider expenditure of funds for the installation of Odophos material at Lift Station No. 603 In his memo of October 7, 1986, City Manager Cheney recom- mended approval of the $1,500 expenditure. - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 Consider request for off-site hauling - Meadow Lake Tract "M" (South of Hypoluxo Road and west of Congress Avenue) Tom Clark, City Engineer, by memorandum dated September 30, recommended that this request be approved, subject to the following: 1. A $30,000 restoration bond. 2. A pre-hauling conference with the hauling contractor in attendance. 3. Submission of plans and obtaining a permit from the Building Department Sm Consider request for on-site Excavation & Fill Permit - Club Meadows, Phase III, Meadows 300, Tract G (West of Congress Avenue, northwest of Meadows Boulevard) By memorandum dated October 2, 1986, Tom Clark, City Engineer, recommended the request be approved, subject to: 1. Submission of a restoration bond for $20,000. 2. A pre-excavation conference. 3. A permit from the Building Department. K. Approve payment to Advance Fabricators Assistant City Manager Hunt explained in his memo dated October 7, 1986 that Building Maintenance feels necessary and routine modifications to some new trucks recently re- ceived must be installed. The City Staff recommended pay- ment of $4,394 to Advance Fabricators, Inc., Sun%mit BoUle- vard, West Palm Beach. Ratification of South Central Regional Wastewater Treatment and Disposal Board Change Order 93 - S. G. Phillips Contractors Me Approve authorization to dispose of records - No. 67 - Personnel N. Approval of Bills See list attached. A bill from Nutting Engineers in the amount of $3,442 for soil examination for the new communications dispatch center, and a bill from Kirk E. Friedland, Attorney, for professional services rendered in the Tradewinds case, in the sum of $1,287.50, were added by Assistant City Manager Hunt. Councilman Ferrell moved, seconded by Councilman Hester, to accept the Consent Addition With the addition of the two bills in item N. Motion carried 5-0. - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 BIDS None. PUBLIC HEARING None. DEVELOPMENT PLANS None. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 86-35 Re: Amend Solicitation Procedures City Attorney Vance read proposed Ordinance No. 86-35 by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE III, CHAPTER 17, SECTIONS 42 & 44 - CHARITABLE SOLICITATIONS" Mayor Cassandra asked if anyone wished to speak for or against the proposed Ordinance. There was no response. Mayor Cassandra explained what the Ordinance was about. Vice Mayor Zimmerman moved to adopt Ordinance No. 86-35 on second and final reading. Councilman Ferrell seconded the ~otion. A roll call vote on the motion was taken by Mrs. Boroni: Vice Mayor Zimmerman Councilman Ferrell Councilman Hester Councilwoman Zibelli Mayor Cassandra Aye Aye Aye Aye Aye Motion carried 5-0. - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 B. Ordinances - 1st Readinq: 1. Proposed Ordinance No. 86-36 Rate from Code of Ordinances Re: Delete Sanitation City Attorney Vance read proposed Ordinance No. 86-36 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES AS FOLLOWS: BY AMENDING CHAPTER 10, 'GARBAGE, TRASH AND OFFENSIVE CONDI- TIONS', ARTICLE II, 'REFUSE, GARBAGE AND TRASH', BY DELETING SECTION 10-29, 'RATES AND CHARGES FOR CITY SERVICE'; BY CREATING A NEW SECTION 10-29, 'RATES AND CHARGES FOR CITY SERVICE' TO PROVIDE THAT THESE RATES ARE ADOPTED BY RESOLU- TION; BY PROVIDING THAT EACH AND EVERY OTHER PROVISION OF THE CODE OF ORDINANCES, NOT SPECIFICALLY AMENDED HEREBY SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PRO- VIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Councilman Hester moved to adopt proposed Ordinance No. 86-36 on first reading, seconded by Councilwoman Zibelli. Mayor Cassandra questioned whether they were doing this to make it easier to raise rates. Mr. Hunt replied that this was raising rates. Mayor Cassandra's question was whether they were taking it out of the Ordinance so that if the City has any increase, it will make it easier. Mr. Hunt answered affirmatively. City Attorney Vance added that it will be done by a simple Resolution. Mrs. Boroni took a roll call vote on the motion: Councilman Ferrell Councilman Hester Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Motion carried 5-0. Aye Aye Aye Aye Aye Proposed Ordinance No. 86-37 Re: Changes to the Comprehensive Development of Reqional Impact City Attorney Vance read proposed Ordinance No. 86-37 on first reading, by title only: "ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, DETERMIN- ING THAT CHANGES TO THE COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO. 84-51, AND AMENDED IN ORDINANCE NO. 86-11, DO NOT CONSTITUTE A SUBSTANTIAL - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 DEVIATION UNDER CHAPTER 380, FLORIDA STATUTES, 1986, DETER- MINING THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AND AMENDING THE DEVELOPMENT ORDER (ORDINANCES NOS. 84-51 AND 86-11) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES" Mayor Cassandra informed the audience that this was a change in the Boynton Park of Commerce, where he believed Publix as going to develop the area for a distribution center. It ill maintain all of the community appearance requirements of the original Boynton Park of Commerce. Councilman Hester moved to adopt Ordinance No. 86-37 on first reading. Councilman Ferrell seconded the motion. roll call vote on the motion was taken by Mrs. Boroni: A Councilman Hester Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Ferrell Aye Aye Aye Aye Aye Motion carried 5-0. C. Resolutions 1. Proposed Substitute Resolution No. 86- Re: Sale of Public Service Tax Revenue Bonds for Capital Improve- ment Program ($11,650,000) (Original Resolution No. 86-V adopted on March 4, 1986) ........ TABLED (City Manager requests this be left on the TABLE to 10/21/86) city Attorney Vance requested that this remain on the table. 2. Proposed Resolution No. 86-VVV Re: Florida State Legislature convene in Special Session Re: Drug related crime within Florida's borders (Requested by Councilwoman Dee Zibelli) City Attorney Vance read proposed Resolution No. 86-VVV by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ENDORSING A CALL ASKING THAT THE FLORIDA TATE LEGISLATURE CONVENE IN SPECIAL SESSION FOR THE PURPOSE F DEVELOPING SPECIFIC SOLUTIONS TO THE RISING CRISIS OF DRUG RELATED CRIME WITHIN FLORIDA'S BORDERS" - 10 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 Councilwoman zibelli moved to adopt proposed Resolution No. ~6-VVv, seconded by Councilman Ferrell. ouncilman Ferrell informed the Council that other Cities ith similar ResOlutions were adding "and methods of funding hOse solutions" at the end of the sentence in "Section 1" ~nd asked if this coUld be done. City Attorney Vance ~eplied that they could make an amended motion. Councilwoman zibelli amended her motion to add those words ~t the end of Section 1 of the Resolution. CounCilman ~errell seconded the motion. A vote was taken on the amended motion, and the motion carried 5-0.  vote was taken on the motion to adopt the Resolution, and he motion carried 5-0. i 3. Proposed Resolution No. 86-WWW Re: Adopt Sanitation Rates City Attorney Vance read proposed Resolution No. 86-WWW by ~itle only: "iA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON ~EACH, FLORIDA, ADOPTING A SANITATION RATE SCHEDULE" Councilman Ferrell moved to adopt Resolution No. 86-WWW, Seconded by Councilman Hester. Motion carried 5-0. D. Other 1. Consider Water Service Agreement - Old Boynton West PUD - Euqene Murphy and Leigh Dunston Jim Golden, Assistant City Planner, said this was for Area 69 of the Comprehensive Plan, which provides for high density residential development. The Planning Director had reviewed ~he site plan submitted today, and it corresponded to his memorandum of September 25. To the north is Old Boynton Road, and to the west is Oakwood Lakes Drive. The property ils located at the southeast corner of Old Boynton Road and Qakwood Lakes Drive. Mr. Golden informed Mayor Cassandra that the density factors aryI north and south and east and west of the area anywhere firo~ five to ten units an acre. Mayor Cassandra was c'oncerned about high densities. He acknowledged that it is in the County but pointed out that the City is supplying - 11- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 water, and the City would have no control over what they can build there. Through the Water Service Agreement, Mr. Golden said the City can exert certain controls. City Attorney Vance advised that the City cannot control their zoning. All the City can do is determine whether or not a particular proposal would place an undue strain on the City's water system. John Guidry, Director of Utilities, informed Mayor Cassandra that it would put no strain on the City's water or sewer system. There were comments by Mayor Cassandra. Councilman Ferrell moved to approve the Water Service Agreement, seconded by Councilman Hester. For the record, Mayor Cassandra stated that he is not in favor of high density but had no say on this density. If the City has enough water, he had nothing to say about it. A vote was taken on the motion and carried 5-0. Discuss changing Charter regarding Commission form of Government replacing Council form of Government (Requested by Councilwoman Dee zibelli) Councilwoman Zibelli explained that this had bothered her ever since she came on the Council and Betty Boroni, City Clerk, asked her what she would like to be called. She thought when it was put in the Charter, there was no place for women on the Council. Most of the mail the Council gets addresses them as Commissioners, and Councilwoman zibelli liked "Commissioner" because there is no gender to the word. After further explaining, Councilwoman zibelli requested that "Councilman" be changed in the Charter to "Commissioner". If they were just changing it from Council to Commission and making no other changes in the Charter relating to the form of government, it was City Attorney Vance's opinion that it would not be a substantive change, and the Council could do so if they desired. City Attorney Vance told Mayor Cassandra they should just direct his office to draft an Ordinance, making the ~ appropriate changes. The problem is that the word occurs quite often, and they would be amdending a lot of Sections. It could be time consuming. The pages would have to be changed because it goes to Tallahassee, and the codification group would change all of the pages. - 12 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 Councilman Ferrell asked if they could just change, the definition page to show that "Councilman" also means "Commissioner". City Attorney Vance asked that they let his office look at it to see if there is a simple way to do it. Otherwise, it could be expensive. City Attorney Vance said he would report back to the Council. 3. Amended Final Judgment for Acquisition of Western Well Field City Attorney Vance had a proposed Amendment of Final Judg- ment. He explained that the wells are being relocated at no cost to the City. Councilman Ferrell moved to authorize the Amendment of Final Judgment, seconded by Councilman Hester. Motion carried 5-0. THE COUNCIL TOOK A BREAK AT 8:13 P. M. THE MEETING RESUMED AT~ 8:18 P. M. e Report on Hearing on Tradewinds Case - Requested by ~ayor Cassandra Mayor Cassandra announced that Kirk Friedland was the Attorney for the City in this case. He said there was a hearing today. The plaintiff (Tradewinds) added a request to amend the complaint, and wished to add the Planned Commercial Development (PCD) as part of the Planned Unit Development (PUD), and have a lot of other added items in case the decision went one way or the other way. Mayor Cassandra continued that the Judge, after listening to both sides, directed the City Council to act on the PCD tonight. The City has had a public hearing on this, and the public hearing was closed, so he said there would be no discussion on the PCD from anyone in the audience. The iouncil could decide tonight if they wished to listen to the udge and vote on it, or whether they wished to not listen o the Judge and not Vote on it. Mayor Cassandra said the feeling was to get it over with and to vote on it one way or ~he other. The Judge said they should vote either way, so that the plaintiff would know where he stands. Mayor Cassandra wanted everyone to know that the developer spoke to him. He believed the developer was sincere when he wished to somehow come to an amicable solution to the problem facing him and the City. Mayor Cassandra told the developer - 13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 he would address the Council with the proposition, if the developer would leave the last proposal he gave the City. He said he would ask the Council to mark up the PUD and the PCD with what they feel is an acceptable development for the area. Mayor Cassandra implied to the developer that he would strongly urge the Council to have it done by Friday, October 10, so the developer would know one way or another what the Council wants as far as a development is concerned. It will be the developer's decision as to whether or not he can live with the Council's decision. Since the developer implied very strongly to Mayor Cassandra today that he wishes to work with the City, and the developer felt he had worked with the City since Day 1, Mayor Cassandra made this recommendation. He emphasized that the Council would not vote on the PUD tonight. Mayor Cassandra wanted the developer to be aware that it seemed the drawing of the PCD and the PUD should be marked up by the Council, if the PCD should go adversely. If it does not go adversely, there would be no comments about the PCD. The developer left a copy of the litigation stipula- tions and drawings for each Council person. Mayor Cassandra questioned whether they should put the PCD on the agenda and vote or if Attorney Friedland wished to speak. Attorney Friedland read a verbatim transcript of the July 14th meeting, which was the last time the Council considered the PCD request. Meetings after that were settlement discussions. The July 14 meeting was a continuation of a prior meeting, which was properly advertised. The public hearing was opened and closed, and the Council elected to defer the matter until some indefinite time in the future. Vice Mayor Zimmerman and Mayor Cassandra were at the hearing today, and Attorney Friedland said the Judge gave a clear indication that the City should act and move forward. Attorney Friedland discussed this with Martin Perry, Attorney for Tradewinds, and he stipulated with Attorney Friedland that he would not object to any possible flaw in the procedure because of failure to readvertise. Attorney Friedland felt the public had the opportunity to speak. The public hearing opened and closed, and he thought the Council could move forward, place the matter on the agenda, and consider it. - 14- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 Attorney Perry confirmed Attorney Friedland's statements and had no objections. If the PCD would not be passed tonight, Councilwoman zibelli asked if the applications would become one after tonight or still be separate. If the Council voted to deny the PCD application tonight, Attorney Friedland thought they could expect the developer to bring that matter up in Court. It will still be two separate applications. Attorney Friedland said there was also an indication from the Court that they would be considered side by side but separately. Attorney Friedland clarified that, in other words, the developer will not have to file a new lawsuit to challenge the City's denial of the PCD, but they are asking to amend their existing litigation to bring that issue into the exist- ing case. If the City continues to postpone and postpone, Attorney Friedland told Councilman Hester there were indications today from the Judge that he would issue a Writ of Mandamus, directing the City to vote "yes" or "no". Mayor Cassandra cpmmented that the legality of delay is always there, but he thought the feeling of the Council was to act on this and get it moving one way or the other. Mayor Cassandra pointed out that the Council would be voting oF the PCD and, depending on what would be done tonight, the plaintiff would either amend, or a solution might come out before the amendment, if there is a decision on that. C~uncilwoman Zibelli asked when it would be coming back before the Council. If corrections are made on this, and if the developer is amicable to the corrections and the Council iS of the same favor, Mayor Cassandra assumed it could come back on October 21st. He commented that he would still like tb get "the gun away from his head." It makes things easier tO do than to play a "roulette wheel" with litigation, bgcause it is always there. Councilwoman zibelli again asked if the PCD and PUD would cgme back again on October 21st or if just the PUD would cQme back. Mayor Cassandra answered that it would be up to the council. Depending on what they would do tonight, the COuncil would either be considering both on October 21st or just one. If the vote is negative, Tradewinds might turn ~ound and press the legal end, but that was not the impression Mayor Cassandra got today from the developer. He - 15- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 got the impression that the developer wants to come to a solution, and Mayor Cassandra thought the City also wanted to come to a solution. The question was, "What solution?" Vice Mayor Zimmerman believed there was a limitation as to how often they could be brought back, especially if they are a part of a lawsuit. Mayor Cassandra did not know if there was a year's limitation on the request. He reminded the C~uncil of the Evaluation and Appraisal Report and the Cbmprehensive Plan and said a time element was involved with that, as far as when it could be submitted to the State. Attorney Friedland had been reviewing the entire record of the whole Tradewinds matter and said it was enormous. If the Council could recall the summer of 1985, there was a denial of the PUD application. Then it came back, and it was decided that the developer would not have to wait the one year period because what they were bringing back to the Council was substantially different than what they brought to the Council at first. If negotiations are to continue and they bring forth another plan, Attorney Friedland believed the Council could determine that the year waiting period was not required. Attorney Friedland noted there was discussion about asking the developer to get the gun away from a head. He informed the Council that the litigation is in the nature of an appeal and is not a lawsuit for money damages. If the developer were to drop the suit and thirty days were to expire after the denial, the plaintiff would be out. Attorney Friedland told the Council they should not look to the plaintiff to drop the suit, although they could certainly slow things down, and they may agree to do that if they come forth with a new and different plan. Motion COuncilman Hester moved to put the Planned Commercial Development on the agenda for consideration, seconded by Councilman Ferrell. Motion carried 5-0. Continuation of Discussion Mayor Cassandra believed the PCD was 199,000 square feet with two out parcels and a commercial office park. There was discussion about the square feet. Attorney Friedland was concerned that the Council consider the correct applica- tion because there have been so many proposals. He thought - 16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 the applicant should tell them what the application says so they would no~t be confused with what was brought forward and settled. Attorney Perry had five copies of the last settlement proposal and said the Council should just look at the commercial aspect, as it reflected what was presented in the PCD. Mayor Cassandra reminded the audience that this was not a public hearing. The PCD he had in his hand had three out parcels and commercial property larger than what he had just spelled out. They would be voting on the three out parcels tonight. He indicated what was offered in the litigation settlement, and said that was not the PCD they were to vote on. The original one had two out parcels. Councilman Ferrell asked if they were voting on the last offer. Attorney Perry answered, "No." He told the Council they were technically considering the PCD as it was originally presented to them, which reflected 211,000 square feet (173,000 square feet of retail commercial ~with three out parcels plus, he believed, 38,000 square feet of professional offices). Vice Mayor Zimmerman did not see how anyone could vote for that. It was not even as respectable as the other one that w~s presented later, and that did not look at all appetizing. Vice Mayor zimmerman did not see how they could possibly, in any way, vote in favor of the one Tradewinds wanted the Council to vote for tonight. Councilman Ferrell voted "Yes" on the last settlement option, and it did not pass. He questioned whether they were now w~nting him to vote on the one that had more square footage. Attorney Friedland advised that he never voted on that one. Attorney Perry added that the 211,000 square feet was presented. After some discussion and participation by the audience, the Council never really voted on it. A decision was made to table it, pending the outcome of the litigation. Following the decision to table, Tradewinds came forward with an offer to compromise which modified that plan. The one showing 199,000 square feet has never been officially before the Council, in terms of an actual application. It~ was an offer of settlement. Attorney Perry said the deci- sion the Judge has directed them to make was as to the 211,000 square feet, in order to do away with that loose end that has been looming out there. - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 In looking at his situation, Councilman Ferrell felt that decision had to be colored with the fact of what they did after that, when he went for a lesser impact. Attorney Perry agreed and added that the Council had a problem because what they had was that Tradewinds came in subsequently and offered them something that was substantially less. Obviously, that appealed to some people but not to all. Very frankly, Attorney Perry said it was an easy decision. It is hard to go back to and say, "I'm going to hold it to a~prove something that is better." Essentially, Attorney Perry told the Council, they had to cure the record. They had to go back and say, "Would I approve this 211,000 square feet as it was originally presented, knowing what I know now?" Attorney Perry said that was the only way to get the result. Councilman Hester determined that they were now concerned with the original application, and not the proposed settle- ment. They were now concerned with the 211,000 square feet. Attorney Perry confirmed that was correct. Mayor Cassandra understood the proposed settlement would come after what the CDuncil does tonight, as far as the next Council meeting Vice Mayor Zimmerman questioned whether it would be possible for the Planning Department to be available for any questions on this. He believed he talked to Assistant City Manager Hunt concerning the possibility of this coming up this e~enlng. Vice Mayor Zimmerman felt the Council should know what they were voting on. Assistant City Manager Hunt replied that City Manager Cheney instructed the Planning Department by long distance that they should withdraw from the situation. Tonight's question would be a procedural one. Mayor Cassandra thought Attorney Perry "kind of" implied that, "Obviously, if you have something better in front of you, how can you vote for something that is worse?" To clear up something the Judge said and get this "legal thing out of the way", Mayor Cassandra reminded the Council that the plaintiff does have due process of law basically, if the COuncil wanted to agree with the Judge. Attorney Perry told the Council to assume there was no settlement proposal before them at all, and all they had before them was an application for 211,000 square feet in the configuration shown. If someone wanted to comment on - 18 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 anything else, they were free to do whatever they wanted, but the only vote they could make was as to that 211,000 square feet. Motion on Planned Commercial Development Vice Mayor zimmerman moved to DENY the request for the approval of the application presented by Attorney Perry, which was the 211,000 square foot PCD. Councilwoman zibelli seconded the motion. Mayor Cassandra explained that an "Aye" vote would be a vote in favor of the denial. A "Nay" vote would be a vote a~ainst the denial. Motion carried 3-2. Councilman Hester and Councilman Ferrell voted against the motion. The request was DENIED. For the developer, Mayor Cassandra instructed the Council to mark up the sheets so they could be back by Friday, October 10, so they should be able to have all of the comments on the PCD and PUD. C~uncilman Hester informed the audience that he votes his own convictions. Attorney Perry envisioned seeing five sheets marked up in five different ways. He did not know if he would be looking at a consensus and wondered how he would go about it. Mayor Cassandra responded that he would see five separate sheets and those people's recommendations. It would be Attorney Perry's decision as to whether they could be incorporated. If some cannot, that would also be his decision. That was exactly Attorney Perry's point. He was assuming there would be some that he could and some he could not incorporate, and he asked if he should request that the matter be put on the &genda so that it can be discussed publically, or is he ~eing told to not incorporate everything and just forget &bout it. Mayor Cassandra said he would be receptive to it being put on the agenda again on October 21st, depending on what comes out of the consensus of comments on the drawings. He also felt that some way or another, this had to be cleared up. Vice Mayor zimmerman asked who requested the Council to do this. For the record, Mayor Cassandra replied that Michael Morton, the developer, asked for it after the hearing today. He still wants to work with the City. Mayor Cassandra said - 19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 they should just tell the developer what they want. If he can, he will try to do it. Mayor Cassandra told the developer that he would recommend that if there are things they want, they should mark up the drawing. It is their decision whether they want to. It is a voluntary act. Mayor Cassandra said he would mark on his drawing what he would like to see there. That was recommended to negotiate or reach some solution. Attorney Perry suggested that the Council might want to consult with the City's legal counsel, if there would be an intent to pass the drawing around, because they would get into issues of the Sunshine Law. Mayor Cassandra recalled he suggested that each Council member turn his or her own sheet in. Attorney Friedland saw no problem with that, as. long as they did not confer with each other. OLD BUSINESS None. NEW BUSINESS It was agreed to put item "B" before "A'. Vance returned to the dais. City AttorneY Be N. E. 4th Street Project Requested by Councilwoman Dee zibelli Councilwoman Zibelli wanted to give an update on the model block. When they chose the block, City Manager Cheney, Police Chief Hillery, and Codes Enforcement people came to a meeting of the North Boynton Community Improvement Association to give input. Councilwoman Zibelli said the model block project was first passed by the residents of the street. They agreed to signs going up saying, "This is a crackdown on Crack" and to the stopping of all cars and recording of all license plates. If people want to get rid of crack on their streets, they qan do it. They just cannot be afraid. Councilwoman Mibelli said she has been out there every day and night with ~he Policemen and is not afraid. Something has to be done, which is why Councilwoman Zibelli requested that Resolution 86-VVVV be sent to the Legislature. She told of being stopped while going through the community and read the letter sent to her and owners of all other cars - 20 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 stopped during the surveillance. Councilwoman zibelli gave examples of people who would receive letters. People cleaned up the area, picked up things in the swales, and raked. The City crew went through there today and will be going through until the 14th. Also, Codes Enforcement has been red tagging. Councilwoman Zibelli called Deputy Police Chief Carl Dixon forward. When Ed Hillery became Police Chief, Deputy Police Chief Dixon said he made a commitment to improve the quality of life of the residents and to be accountable. The Police Department is striving to fulfill this pledge. They have been and hope to be successful in the north end, because of the commitment to the people, in eradicating the problems there. They cannot be successful without the cooperation of the people. Deputy Police Chief Dixon said the Police will stay in the area as long as there is a problem and will not leave up there until the problem is eradicated and they have-run the druggers out Of business. Certainly, they will move to another area. At that point, the Police will move with them. The Police Department wants to eradicate crack cocaine in the City. Deputy Police Chief Dixon has been receiving phone calls from departments all over the County wanting to know how the program the City has set up is working. They, in turn, are trying to follow suit with the City. They hope to dry up the sales of drugs and the sources coming in. Letters have gone to the people in the north end, asking them to help identify people selling crack cocaine or who they suspect of illegal activities, regardless of whether it is cocaine, prostitution, gambling, or whatever. Consider effect of "Two Consecutive Terms" limitation on March, '87 Election - Requested by Mayor Nick Cassandra Mayor Cassandra said City Attorney Vance found a case in reference to two consecutive terms, as far as the City's Charter is concerned. Sometime ago, City Attorney Vance Wrote a letter to the Attorney General, requesting an opinion on this point. It was then referred to the Division of Elections. The Division of Elections totally ignored City Attorney Vance's questions in their response. Subsequent to sending out the letter to the Attorney General, City Attorney Vance accidently bumped across this case while - 21 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 doing research in another area. The case seemed to be on point with respect to someone who has served a term in relation to a redistricting situation or an establishment of ~istricts. If you resign or serve only a part of a term because a district has been created, City Attorney Vance said most probably, in this case, the Courts would rule that you would be entitled to go for another term, even though you had served a part of the term in the old district. Mayor Cassandra asked if the redistricting in this case was done while the man was in office. It appeared to City Attorney Vance that it was done while the man was in office. Mayor Cassandra then asked if it was City Attorney Vance's opinion that the City's redistricting was done while the man was in office. City Attorney Vance answered that the only redistricting the City has had would have been done while some Members of the Council were in office. ~n the case in question, as far as the City's Charter is now, Mayor Cassandra asked how City Attorney Vance would interpret the City's Charter as far as the word "term" is concerned. City Attorney Vance replied that the word "term" in our Charter would be for two full years. Mayor Cassandra questioned whether that would be regardless of why someone leaves. City Attorney Vance answered, "Not necessarily", and he added that the Court does approve, in a backhanded way, term limitations. The two year termination is probably valid but if somebody leaves or does not serve a full term because of redistricting, under this case, that was probably considered all right. City Attorney Vance said if someone resigns a month before the end of his term in order to run for another term, it would be another question, and he suspected the Court might say, "No." Mayor Cassandra said the redistricting that occurred did not sffect the man's term, as far as completion was concerned. £ity Attorney Vance confirmed that w~s correct. Mayor £assandra wanted a continuity type of relationship, as he nas concerned whether, based upon the quick interpretation given by City Attorney Vance, it would fall in the same category. City Attorney Vance thought it probably would ~nder this case. Mayor Cassandra accepted the opinion but did not necessarily agree with it, and he elaborated. Mayor Cassandra determined that City Attorney Vance was say- ing this particular example in 1975 would be one. City - 22 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 Attorney Vance had not encountered any other examples that were even close. Mayor Cassandra commented that it might have been or probably should have been judiciously determined. City Attorney Vance stated that he was merely giving an opinion of what he thought the case said. ~ayor Cassandra noted City Attorney Vance mentioned the case of resigning to run. It seemed to him that no matter what reason a person had, other than resigning to run, the person should utilize that, other than redistricting. Mayor Cassandra felt City Attorney Vance was saying all other reasons should not be considered, other than redistricting. City Attorney Vance disagreed and said he was not saying that. He emphasized that this case did not really rule on that point, but it appeared to rule on it. City Attorney Vance was merely suggesting that, based upon this opinion, if it looked like the person had a good and valid reason because of the City's redistricting, probably, the Court would go with him. If it looked like he resigned from office merely in order to defeat the two year term limitation, City Attorney Vance thought the Court well might not go with him. Mayor Cassandra remarked that the decision was still a question of t-he Court because the sample here was that the person was in office. City Attorney Vance said YOU never find a case directly identical to your situation. If this could be a problem as the City grows, Mayor Cassandra asked what the decision to amend would be, so there would be no questionable doubt. He questioned whether it would be one of Resolution, Ordinance, or common sense. H~ was asking how they could interpret the Charter so there would be very little interpretation. City Attorney Vance did not think the City could improve on what it had. The Charter says two terms. Mayor Cassandra asked if the Federal Government did not have a limiation of time. If you consider under a year, it is not considered a term. He believed the Federal Court puts a numerical day on it. City Attorney Vance advised they could say two terms or any part thereof. From reading the opinion, and assuming the Court followed the opinion, City Attorney n Va ce gathered they would rule that to be an invalid resctric- tion on the right of individuals to run for offices. Mayor Cassandra was still under the opinion that the common sense use of the term was such that if a person resigns from office, other than redistricting while in the middle of his - 23- MINUTES - REGULAR CITY' COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 office, it is one of political ambition that one has. He could understand the case where the district was changed while the person was in office. That was not decided by the  erson in office. The vote of a Commission changed the istricting. When the City changed its districting, Mayor Cassandra recalled they started one year in advance of the time and proceeded to change the districting. Those people that ran at that time in the old district still had, legally, a two ~ears' term to serve. Vice Mayor Zimmerman pointed out that they were grandfathered in. Mayor Cassandra added that no way did the City change that term by districting. City Attorney Vance advised that the City did, if that person Wanted to serve in that district for two terms. Mayor Cassandra felt that was a question of interpretation. If City Attorney Vance had to choose which side he would want to be on and win, he said he would go with the guy who wanted to resign in order to run in his district. Councilman Hester wondered what they were talking about. Mayor Cassandra answered that he requested a definition of "term". If a person is in office and leaves for whatever reason, does that constitute a term? Mayor Cassandra asked, "What constitutes a term?" He questioned whether it was when the person leaves. Mayor Cassandra said City Attorney Vance had pointed out that two years constitutes a term if some- thing is done to affect that term. His question was to clarify that point, and the question here was strictly as to "term". In this case, the question was Councilman Ferrell. Mayor Cassandra said Councilman Ferrell ran in old District 2. Redistricting went into effect in March of 1985. He ran and won for District 2. When the new district went in, it became District 1. Councilman Ferrell resigned from District 2 so that he would have a continuity of running. Mayor Cassandra asked if that one year would constitute a term. I! that constituted a term, then Councilman Ferrell has run tWo terms. If it does not constitute a term, as City Attorney Vance was saying, then Councilman Ferrell could run, assuming he does not make the County Commission seat. Vice Mayor Zimmerman questioned why 'Councilman Ferrell's resignation was necessary at that time. City Attorney Vance gathered Councilman Ferrell resigned in order to run for another term in the same district. If he had not resigned, he could not have run, because he would not have lived in that district. - 24 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 Councilman Ferrell stated that he resigned because the law required it. That is the way the law is worded, the same as the City's Charter is very clear. It defines a term as two years and says you cannot go two consecutive terms. Council- man Ferrell wanted to make it clear that his only plans are to move into the Palm Beach Government Center on November 18. Ns far as what happens after that, he thought people trying to stop him should wait. Councilman Ferrell knew there were rumors he might run, but there were also rumors that Mayor Cassandra was considering the Council. If it is going to be a case in law, Councilman Ferrell said it would be a case in law. He pointed out that he has not served consecutively anyway because when he resigned, he had served less than a year, and there was time between that term of office and when he took office again, so those terms were not consecutive. In this instance, the same case would occur because Councilman Ferrell said he would be out of office for five or six months, and it would not be consecu- tive. That is the wording of the Charter, and it was his belief that the Council could not do anything to change 'the intent of the Charter unless they did a referendum, which would take effect the following year. Mayor Cassandra said these questions were being discussed now because the story telling got out of line in the City. The stories should be while Councilman Ferrell is on the Cpuncil, so he has input, and not after he is gone. Mayor Cassandra said those are questions that he still challenges. The consecutive concept and appointment concept have to be cleared up. If you resign because you cannot stay in office because you are running for another office, Mayor Cassandra asked whether that five days or three weeks constitute a discontinuity. Mayor Cassandra stressed that those questions should be addressed before the incident occurs. City Attorney Vance read from Fla. App., 318 So. 2d 490, Vieira v. Slaughter, "(1) The riqht to be a candidate for ~blic office is a valuable right, and no one should be d~nied this right unless the Constitution or applicable valid law expressly declares him ineligible." C~ty Attorney Vance continued from page 492, "(2) The imposition of restrictions upon the right of a person to h~ld public office should receive a liberal construction in f~vor of the people exercising freedom of choice in the selection of their public officers." - 25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 City Attorney Vance further read, "As was so well stated by Justice Ervin (Supreme Court), 'Discouragement of candidacy for public office should be frowned upon in the absence of express statutory disqualification. The people should have available opportunity to select their public officer from a multiple choice of candidates. Widening the field of candidates is the rule, not the exception, in Florida. It should not be abated in the absence of express statutory provision to the contrary'" It was City Attorney Vance's opinion that if one attempted to tie down the term bit too tightly, the Courts would probably throw it out. Mayor Cassandra asked if he was correct in saying all of those words were based on the supposition of the applicable valid law expressly declaring him ineligible. City Attorney Vance answered, "Yes", but added that the key word is "valid". He told Mayor Cassandra he was giving him an opinion. Vice Mayor Zimmerman did not think it was such a big problem. The Federal Government even has a limitation of two terms on the President. Two terms are two terms, and Vice Mayor Zimmerman did not think that had ever been disputed. City Attorney Vance agreed that was right, except when two terms are not two terms. There were more comments. To Councilman Hester, if his two year term started this year, it would go two terms. From April, 1986 until March, 1988 would be the end of his term. Mayor Cassandra said the definition of term is when you start and when you end. The upper limit of the definition of term was what City Attorney Vance was saying. The Charter says the upper limit is four years. The Charter does not dis- cuss the lower limit, and Mayor Cassandra's question of con- cern was whether there is a lower limit. If you leave b~fore, he wondered if that would set the lower limit of a term. Councilman Hester determined Mayor Cassandra was s~ying anything between the beginning and end would be con- s~dered a term. Mayor Cassandra agreed and said that is what the d~c~ionary says. He appreciated City Attorney Vance's opinion but disagreed with it. Councilman Ferrell left the meeting at 9:05 P. M. - 26- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1986 ADMINISTRATIVE A. Consider appointment of one regular member to Community Relations Board - Appointment to be made by Vice Mayor Carl Zimmerman Alternates currently on Board - Denys "Sam" DeLong 9nd Paul A. Finke Vice Mayor Zimmerman gave his reasons and moved to promote Denys "Sam" Delong as a Regular Member on the Community Relations Board, seconded by Councilwoman zibelli. Motion carried 4-0. B. Consider appointment of one regular member to Library Board - Appointment to be made by Mayor Nick Cassandra 1. There are no Alternates on this Board Mayor Cassandra asked that this matter be TABLED. ~ADJOURNMENT There being no further business to come before the Council, the meeting properly adjourned at 9:15 P. M. ATTEST: ' ~/____~ City Clerk Recording Secretary// (Two Tapes) ~ CITY OF BOYNTON BEACH, FLORIDA ~/~ ~ ~~~ Mayor  Vice Mayor ' ~ ~~arl CourO(~ l. lman ( Councilwoman - 27- CONSENT AGENDA - ADMINISTRATIVE AGENDA October 7, 1986 e ALLEN INSURANCE AGENCY Renewal of Policy for Money and Securities Offices at City Hall and Golf Course. Pay from General Fund ..... O~81-195-519-40-44 $675.00 Pay from Golf Course ...... 411-725-572-40-44 752.00 $1427.00 ALLEN INSURANCE AGENCY Renewal of Worker' s Compensation by installments. Initial Down payment $28,964.00 and 1! payments monthly of $23,697.00. Payable from various departments in General Fund, Water & Sewer Rev, Golf Course, Sanitation, Vehicle Service and Community Redevelopment° ALLIED PRODUCTS COMPANY Pebble Quicklime - High Calcium for Water Treatment. Pay from Water & Sewer Rev-1985/86 Budget AMERICAN STATES INSURANCE Renewal of Fire Insurance by installments. Initial Down payment $6,612.00 and !1 payments monthly of $6,613.00. Pay from General Fund and Water & Sewer Fund. B~OOKS PRODUCTS, INC. Supplies for Water Distribution Pay from Water & Sewer Rev---401-333-533-60-5t "Bid Item - Only SUpplier'' - Pay from 1985/86 Budget C & R SERVICES Piping and installation of New Power Unit and Diesel Tanks as per price quotation in conjunction with Power Unit Bid on May 22, 1986. Pay from Utility Capital Improve---404-000-169-01-00 Per bid 5/22/86, Council approved 7/1/86 CLUB CAR Lease and maintenance for 30 carts for September,1986. Pay from Golf Course--~Pay~ from 1985/86 Budget 1,427.00 289,631.00 10,436.20 79,344.00 9,080.00 1,526.75 2,218.50 -2- 10. !1. 12. 13. 14. 15. 16. 17. DAVIS WATER & WASTE INDUSTRIES, ~NC~ Odophos Liquid No. 1 for Sewage Pumping Pay from Water & Sewer Rev-1985/86 Budget EXIM MOT~RWORKS Remove and install New Hood and paint New Hood per contract for Sanitation Truck ~82. Pay from Vehicle Service Fund-!985/86 Budget ~OSTE~MARINE CONTRACTORS~ INC. Construction of Plant Expansion Project - SCRWTD Plant, City of Boynton Beach's portion. Pay from 1985 Construction Fund-409-000-169-12-00 GULFSTREAM LUMBER BUilding Maintenance supplies to be charged to various departments in city. Pay from 1985,/86 Budget JOG ROAD NATIVE NURSERY Trees and Plants for Cherry Hil! Phase I & IIA Pay from General Fund---001-000-115-87-00 Reimbursable from Palm Beach County JONES CHEMICAL~ INC. ~lorine for Water Treatment Pay from Water & Sewer Rev-1985/86 Budget _KA. RSTEN MANUFACTURING CORP. Supplies for Pro-Shop at Golf Course Pay from Golf Course-1985/86 Budget MILLER & MEIER & ASSOCIATES A~chitectural services 7/26/86 through 8/25/86 for Boynton Bgach Municipal Facilities Project No. 85906. Pay from Building Improvement Fund-1985/86 Budget NORWOOD sc, s= R NTmN co. --------------3~,000 Slng!e ~es~~b~a~ ID cards and 10,000 Single Ndn-resident I~ cards. Pay from Fund---001-000-247-2G-00 DA./qIEL O'CONNELL GENERAL CONTRACTOR, INC. EST.%2 Boat Club Park Expansion Project for period to 9/29/86. Pay from Utility Tax Service Fund-1985/86 Budget COUNCIL APP~OV, ED: Meeting: ~ $ 16,360.00 3,775.00 16,189o47 1,584.05 4~500.00 t,992.00 1,!99.46 4,003.65 2,325.00 47,789.00 -3- 18. 19. 20. 22. 23. 24. 25. 26. PALM BEACH COUNTY SCHOOLS Reimbursment to the Transportation Dept. for Civic Center Summer Camp Program - Day Camp Bus Rental. Pay from General Fund-1985/86 Budget C.G. PHILLIPS CONSTRUCTORS OF FLA. Construction of Plant Expansion Project - SCRWTD Plant, City of Boynton Beach's portion. Pay from 1985 Construction Fund---409-000-169-12-O0 PIERCE TIRE CO. ~iNC. Tires and Tubes for Vehicle Service Fund Pay from Vehicle Service Fund-1985/86 Budget EDWARD D. STONE, JR. AND ASSOCIATES Architects Fees for Boat Club Park Expansion Project for time expended 5/5/86 through 8/31/86. Pay from Utility Service Tax Fund-1985/86 Budget SAV-ON UTILITY SUPPLIES~ INC. Supplies for Water Distribution. Pay from Water & Sewer Rev-1985/86 Budget JAF~S Wo VANCE~ P~.A~. Professional services rendered on various litigation per attached invoices° Pay from various city funds-!985/86 Budget WALTON COTTRELL ASSOCIATES EST. 91 i~!lcOntract& ~402. Lift Station Conversions, Installation for from UtilitY General Fund---403-000-169-1!-00 W~TER RESOURCES CORPORATION ~aywood Tyler Pump with 4~p Sumo Motor for wellfield ~5 fqr Water Plant and TRW Pieuger Pump with 20bp TRW Motor for Water Supply° Pay from Water & Sewer Rev-1985/86 Budget C~[ARLES S. WHITESIDE~ INC. ! 23 LoF Cart Paths  . for Golf Course P~y from Golf Course-1985/86 Budget Mee'tin 2,271.20 225,485°22 6,053.02 2,174.96 3,916.00 6,397.31 32,679.45 9,154.13 9,861.39 -4- 27. 28. CHARLIE ANDREWS Driver for Senior Citizens Club 2 weeks Pay from Fed Rev Sharing---320-64!-564-40-5A Per Ordinance ~73-15, passed 5/15/73 ~ILLIE RUTH MCGRADY Server for Senior Citizens Club ~ weeks Pay from Fed Rev Sharing---320-641-564-40-5A Per Ordinance ~73-!5, passed 5/15/73 140.40 134.40 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Grady~tor I therefore recommend payment of these bills. Peter L. Cheney, City Manager COUNCIL .APP POyED: Meeting: JAMES W. VANCE WILLIAM p, DONEY MARTA M. SUAREZ-MURIA$ LAW OFFICES d~s W. V~wc~., P.A. SUITE 200. BARRISTERS BUILDING I 615 FORUM PLACE 3~rEST PAL~ BNAGH, FLOEDA 33401 TELEPHONE: (305) 684-5544 September 15, 1986 CITY OF BOYNTON BEACH P. O. BOX 310 BOYNTON BEACH, FL. 33435 ATTENTION: Mr. Grady Swann, Finance Director RE: BOYNTON BEACH - GENERAL COSTS (Advanced Only) DISTRIBUTION FROM DATE OF LAST BILLING 8/18/86 TO DATE: Copies Postage '-Meeting Expenses (local) ~OSheriff of Palm Beach (Forfeiture $22,706.13) Sheriff of Palm Beach (Forfeiture $2~,. 635.00) Sheriff of Broward County (Forfeiture $2,635.00) Language Exchange (Interpreter - Belamie Forf.) $58.23 31.25 2.97 39.26 48.00 60.00 12.00 85.00 $336.71 JI~V/pm TOTAL A~OUNT DUE:S336.71 SEP 1 6 1986 C!iY MANAGER'S Oi:FIC{ LAW OFFICES JA~,s W, Va.z¢~3~, P.A. SUITE 200, BARRISTERS BUILDING I {S I 5 FORUM PLACE WEST PAI,I~[ ]~EACH, FLOI~IDA 33401 TELEPHONE: {305) 684-5544 September 23, 1986 Mr. Grady Swann, Finance Director City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33435 P~: Acquisition of Western Well Field FOR PROFESSIONAL SERVICES RENDERED: ~ITY M4NAGER,$ OFFICE 7/29/86 7/30/86 7/31/86 7/31/86 8/1/86 8/1/86 8/4/86 8/4/86 8/4/86 8/5/86 8/6/86 8/6/86 8/6/86 8/11/86 8/12/86 8/12/86 8/12/86 8/13/86 8/19/86 8/19/86 8/26/86 8/27/86 Meeting - Peter .Cheney, Perry Cessna & John Gidrey Meeting with SCRWDT Board Phone call - Bill Winters, LWDD Phone call - Peter Cheney Phone call - Perry Cessna Phone call - Herman Bretan Received and Review of material Meeting - Lassman Engineering, Shalloway Engineering, Herman Bretan, Perry Cessna, John Gidrey. (~V) 'Meeting - Perry Cessna, John Gidrey and Herman Bretan (WPD) Prepare - Motion and Stipulated Final Judgement as to Parcel 17; Review correspondence as to Parcel 17; Letter to Richard Selman Meeting Herman Bretan (JWV) Meeting - Herman Bretan (WPD) Phone call - John Gidrey Memo to Betty Baroni Phone call Herman Bretan Memo to Peter Cheney (parcel 17) Phone call - John Gidrey Prepare for Recording Subordination of Utility Interests - Southern Bell Conference - Herman Bretan Phone calls (2) - John Gidrey Receive and Review - Order fe: Default and Order Setting Trial Memo to Peter Cheney, Perry Cessna and Grady Swann 3.00 hour~ 1.75 25 25 25 25 5O 1 50 .5O 1.50 1 50 5O 25 25 25 25 25 25 .50 .50 .25 .25 ~COUNCIL APPROVED: Meet, rig. ~ RE: Acquisition of Western Well Fields Page 2. 9/3/86 9/3/86 9/4/86 9/~4/86 9/5/86 9/5/86 9/8/86 9/8/86 9/12/86 9/12/86 9/12/86 9/18/86 9/19/86 9/22/86 Conference with Herman Bretan (JWV) Conference with Herman Bretan(WPD) Phone call - Herman Bretan Conference with Herman Bretan Memo to Betty Baroni Phone call - John Gidrey Phone call - Dr. Wolf Receive and Review - Proposed Amendment of Final Judgment Receive and Review - Letter from Dr. Wolf. Phone calls (2) - Jerry Goldstein Letter to Judge Wessel Prepare - Interrogatories to Church Parcel Prepare - Request to Produce Meeting with Herman Bretan Receive and Review Stipulated Final Judgment Memo to Perry Cessna- Phone call - Dennis Powers Memo to Grady Swann .50 hours .25 .25 .50 .25 .25 .25 .25 .25 .50 .50 .5O .25 .50 19.75 hours 19.75 hours x $75.00 per/hour = $1,481.25 TOTAL DUE: $1,481.25 WPD/pm GOUNGIL APPROVgP} JAMES W. VANC£ I~W OFFICES SUITE '~OO. BARRISTERS BUILDING 1615 FORUM PI~CE September 12, 1986 Mr. Grady Swarm, Finance Director -- City ofi': Boynton Beach Boynton~Beach, Florida 33435 ~: -: S~:~rior C°ncrete,' Inc..~v. City of Boynton Beach FOR PROFESSIONAL SERVICES RENDERED: 1/6/86 .'-:i'~Review Complaint with'Exhibits !-3-~!Phone call - Bill Sullivan F-:Phone call - Tom Clark 1/6/86 ~/7/86 4/1/86 -~/9/86 . -Phone call - John Mills 4/10/86 Phone call - Ken Crenshaw 4/11/.86 ~Memo to file. 4/!5/86 ~-Letter -- William Jerome ~/!7/86 Review Liquidiation Documents re: ~Union Indemnity ~/21/86 ~ Memo to file ~f9/86 -~'~:~Legal Research - Privity of Contract, ._ ~.:~Chapter 255 Bonds and. Equitable liens ...'~ Research· Draft Pleading ?Phone call - Grady Swann .... Prepare Motion to Dismiss ~:'Phone call - Judge Hurley's Assistant Letter to Judge'Hurley -iivPrepare- Order Setting Hearing '~ Attend Motion to Dismiss Hearing 8[12/86/~Legal Research - Removal of Stay & Motion -- to Dismiss. ~Prepare Motion to Dismiss Prepare Notice of Hearing 8/25/86 Prepare - Order Re~oqing Stay & Dismissing Action 8/25/86 Phone call - Ken Cre~shaw 8/25/86 Phone call - Bill Stalions 9/9/86 Receive and Review - Order Dismissing lawsuit. Memo to Peter Cheney .'50 hou~ 2.00 1.50 .75 · 25 '- - .25 .25 .25 .75 .25 3.75 .75 .5O .25 .25 .2'5 12.50 hour 12.50 hours x,$75.00 per/hr = $937.50 WPD/pm AMOUNT DUE g: ~ //1- . ' ' ~eetin ~/~-~.~ L-.-~ JAMES W. VANCE ' %NIL, l-lAM P. C)ONEY NIA~ITA M. $UAREZNURIA.$ I.AW OFFICES J~.s 'W'. ¥~z~c~., P.A. SUITE 200. BARRISTERS BUILDING I 615 FORUM P~CE Mr. Gra~:Swann, Finance City of:Boyrtton Beach Boynt:onCBeaeh, Florida 33635 · :~: ~ . :.JefferSon v. City of Bo~on Beach ~OR PROF~sIoN~ SERVI~S ~NDE~D: September 17, 1'986 'I'E LElm'I,.IC, N E: and review Petition for Certiorari --~. Memo to Bud Howell' 9/24/84 T~.(~ Phone call - BudHowell 9/25/84 i~,i!!-~!-.iPhone Call - Bud Howell -{,'~i' Phone call - Circuit Clerk's office ~-~::ALegal research - Motion to Dismiss 10/22/84 J~/:~'Prepare - Motion to Dismiss ~-~ Prepare - Notice of Hearing ~ Prepare - Proposed Order ti/5/84~:4:.~i~ Research and Prepare' for Hearing !I/~/84 X Attend Hearing on Motion to Dismiss ~/29/8~ ~.~Phone call - Bonnie (bUilding Dept.) 12/7/84 ~i Legal research and Review of Amended 3/6/85I- -:/Petition for Writ of Certiorari - ~Legal research'- Petition for Writ of :, i?Certiorari 3f8/85 :-~Motion to Dismiss, Notice Order 4~7/86 ,-,~[}/:Receive and Review - Motion~ Notice & ~ ~'}i.~,'Judgment of Dismissal 97i5'/86'i {Li?Mem6 to Bud Howell -:. _ -- .50 hours .25 1.00 .75 .50' 1. O0 .'25 .50 2.00 1.25 .25 .25 8.50 hoUrs 8.50 hours x.$75.00 = $637.50 ~PD/pm TOTAL AMOUNT DUE: $637.50 COUNCIL APPxROyED: ILLIAM P. DONEY, Esquire/' JAMES W. VANCE WILLIAM P, DONEY MARTA M, SUAREZ. MUR~AS LAW OFFICES dA~s W. V_~c.r, P.A. SUITE 200. BARRISTERS BUILDING 1615 FORUM PLACE ~ZEST P.~.L~r BEACH, FLORIDA 33401 TELEPHONE: (305) 684-5544 September 22, 1986 Grady Swann, Finance Director P.O. Box 310 Boynton Beach, FL 33425 Re: Lopez-Torres v. City of Boynton Beach, et al. Supreme Court Brief FOR PROFESSIONAL LEGAL SERVICES RENDERED: 5/01/86 5/05/86 5/05/86 5/07/86 5/12/86 5/12/86 5/19/86 5/12/86 5/21/86 8/07/86 8/08/86 8/08/86 Review Opinion from 4th DCA Phone call to Charles Stratto~ Phone call to Marta Suarez-Murias Phone call to Charles Stratton Phone call to Peter Cheney Phone call to Charles Stratton Receive and review Motion for Rehearing Memo to Peter Cheney Phone call to Jim SpalZa, Attorney for DOT Conference with Jim Spalla, Attorney for DOT Conference with DOT Phone conference with Mickie Ferguson Preparation of Motion to File as Amicus Curiae .50 .25 .25 .25 .25 .25 .25 .25 1.75 4.50 .25 .50 COUNCIL APPr~OVED: Meeting. ~ Grady Swann, Finance Director September 22, 1986 Page 2 8/12/86 9/11/86 9/16/86 9/16/86 9/17/86 9/17/86 Review documents from DOT Review draft of DOT Brief Review Briefs before 4th DCA Conferences regarding brief; legal research; review prior briefs and draft of brief to be filed by DOT Phone conference with Clerk of Supreme Court Legal research; draft and edit Brief; review draft of Brief to be filed by DOT; conferences regarding service of Brief with Supreme Court; complete and serve Brief .25 .50 .50 4.50 .25 23.00 Total of 38.25 hrs. at $75 per/hr. = Photocopies $131.25 (Brief) Telephone 4.35 (Brief) TOTAL $2,868.75 $3,004.35 JWV/kk · Vance ~COU.NCIL APPROVED." JAMES W'. VANCE, P.A.