Loading...
Minutes 09-03-85MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 3, 1985 AT 7:30 P.M. PRESENT Nick Cassandra, Mayor Robert Ferrell, Vice Mayor Ezell Hester, Jr., Councilman James R. Warnke, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney ABSENT Carl Zimmerman, Councilman (Excused) Mayor Cassandra welcomed everyone and 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 Coun- cilman Ezell Hester, Jr. AGENDA APPROVAL Mr. Cheney stated he would like to add for consideration under Legal - Other, an agreement in reference to accepting an easement from Lake Worth Drainage District for utility lines from Lawrence Road~ east to Congress Avenue. Under Public Audience, Ms. Dianne Lawes would like to discuss a change for Casa Loma Boulevard. He would like to delete Item C under Old Business for one meeting. Councilman Warnke moved that the agenda with the additions and corrections be approved, seconded by Vice Mayor Ferrell. Motion carried 4-0. ANNOUNCE~MENTS Mayor Cassandra announced that public hearings for the 1985/86 budget are scheduled for September 5, 1985 and September 24, 1985, at 7:30 P. M. in the Council Chambers. CITY MANAGER'S REPORT Brother Joe Ranieri - The Lord's Place Mr. Cheney advised that Brother Joe Ranieri has requested the County Commission to contribute .$2-8,000 to this project with the county being guaranteed one or two units throughout the year when needed. He hopes the County Commission will respond positively. Noise Enforcement Mr. Cheney referred to Councilman Warnke indicating there was a fair amount of noise during the weekend relative to The Shooters and informed the Council that we are planning REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1985 Chief Hillery questioned the 30% and through our computer program, he did find a large amount of crime is in the newly developing areas. Of the increased 400 crimes, about 100 were in that general area of new construction and develop- ment. With deducting that, our rate is about 17% like the rest of the county. We are going-to continue to see the amount of crime go up as Co~ress Avenue becomes more deve- loped because there is more activity. Status .of Leisurevitle Lawsuit Mr. Vance advised we' have been i~_litigation with JCF regard- ing the boat storage area adjacent to Leisurevilte. A trial was held, the court ruled and we won. There was an attempt by the original developerS of ~Leisureville, Section 10, that they had designated on the PUD a boat storage yard ~and wanted commercial zoning, which had been rezoned to residential. This has gone on for three years and it now remains residential. Tradewinds Rezoning Mr. Cheney announced this was not included on' the agenda to- night because the access to the~Winchester property still has to be resolved, which was a rezoning condition. He referred to the state ~law and requirements for readings of the ordi- nance and suggested having two special City Council meetings for first and second reading of the proposed ordinances. He suggested having second reading by October 1, so it is not impacted with the new law affecting comprehensive plans. Councilman Warnke asked if the city would be held harmless for not providing access and Mr. Cheney informed him the current position of the Ci{y Council was the rezoning was approved and the land use amendment conditioned to access to the Winchester property. Mr. Cheney added that meetings are scheduled with Seaboard and D.O-~T. and hopefull~ a resolution will be reached for the access problem. After discussion-, Vice Mayor Ferrell made a motion to hold special meetings on September-13 and September 25 at 7:30 P.M. to discuss-the 'Woolbright projects and have first and second readings of the ordinances. Councilman H~ster seconded and the motion carried 4-0. Executive Session Mr. Cheney requested an executive session to be held after the public hearing on Thursday night this week to discuss union negotiations and the Council responded favorably. - 3 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 19 85 Lands cape Code Mayor Cassandra requested a report at the next meeting on the landscape code and what is holding that up. PUBLIC AUDIENCE Woolbright Rezonings Mr. Joseph Molina, 811 S. W. 6th Avenue, referred to the situa- tion at the previous meeting of Leisureville being against the Baptist Church in reference to the Woolbright rezonings and' stated with ths importance of this matter, he feels it should have been postponed until a full Council was present. This is surely a question of land values with money being made at the expense of people living in Leisureville with their values and life style being decreased. Mayor Cassandra clarified that the action at the last meeting authorized the City Attorney to prepare-the ordinances neces- sary for rezoning and land use amendments and first and second readings are now scheduled, so it is not a finished issue. A public hearing wil~l be held on September 2'5 and hopefully a full Council will be present. Casa Loma Overlook P.ark Ms. Dianne Lawes told about plans by FNGA to make improvements at Casa Loma Overlook Park and submitted a memo giving the details of the project. She requests Council approval as they would like to begin work this weekend. She added that there is a major question as they would like to dedicate the plant- ing of this park in memory of one of their members and they would like to install a sign stating this. CounCilman Warnke clarified that the Community Redevelopment Agency has not approved this yet and Ms. ~Lawes clarified that the C.R.A. has approved this program in general, but has not approved any dollar figure towards this. She has spoken to the Chairman and Vice Chairman and both indicated the agency would go along with a contribution. One stipulation was for the C.R.A. to contact the landscape architect who is doing the main plan and obtain his approval and it has been indicated that he would like to supervise it. Councilman Warnke asked if Richard Fuhr was a resident of Boynton Beach and Ms. Lawes informed him that Richard Fuhr was one of the leading members of FNGA who provided mater- ials for nurserymen to use all over the county.. Mr. Warnke stated since this is a city park, he thinks we should have a plan of the sign with approval by the C..R.A., plus comments by staff and Ms. Lawes Pointed out that it will state exactly as noted in No. 3 of-her memo. Mr. Warnke stated he has no~ objections. - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1985 Mayor Cassandra referred to the location of this area being rather out of the way and questioned-if possibly it would be wasted effort for maximum exposure and~Ms. Lawes replied that at the moment, this is the only existing isolated area which is a dedicated city park which could~be worked on before the entire landscape program is approved. Mayor Cassandra explained his concern with expansion in this area, this park may be removed. He asked if an answer must be given tonight and Ms. Lawes replied affirmatively as FNGA~has a formal banquet on September 17 and would like to show the finished project. Councilman Warnke commented that it is very seldom that people come forward to donate plantings of this nature to the city and with the explanation of the sign, he sees no problem and would like to see it go ahead. Mayor Cassandra added that he is concerned how it will be done and how it will affect the overall picture~ Councilman Warnke asked if a permit was necessary and Mr. Cheney informed him that lighting will be handled by Florida Power & Light Co. and the planting will be done under our supervision and must be approved by the city staff. Councilman Warnke made a motion to approve the plans for the Community Redevelopment Agency and Casa Loma Overlook Park with the city participation of $300, Vice Mayor Ferrell seconded the motion. Councilman Warnke added that this is subject to city staff approval. Motion carried 4-0. Utility Account Charges Dr. S. Robins, 3717 Boynton Beach Blvd., stated he was be- fore the Council in reference to his utility account No. 46-02710-8-1, which he has been trying to get straightened out since February 1985. 'He referred to never having a water b~tl exceed $21,~but was presented with a bill of $568.30 in February for utilizing !90~000 gallons of water. He told how this was almost impossible and how the question of a leak had been explored. He referred to repairs of the line being made and~told how~when dug up in May or June, there was no evidence that the. line had been repaired, but when dug up prior to this even±nas meeting, proof was found there was some revision of the line made, which was not evi- dent two months ago. The Utility Department adjusted $253.80 from the water bill, but $340 is still in question which he did not use nor pay for. Councilman Warnke asked if developers had access to his water and Dr. Robins replied that they did not to his knowledge and construction is only taking place on units at the other end of the property. - 5 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1985 Mr. Cheney clarified that Dr. Robins is new in this building and there is no relationship with past utility bills. It is the city's position that when water goes through a meter, it is someone etse's water and not ours. It should be paid for by the person who has the meter and not the rest of us. It appears a repair was made on Dr. Robins' ~side of the meter. We have suggested in the past, maybe if there was a construc- tion problem, the developer should-help pay.. We will inter- view employees and research what has been presented. In reference to adjusting the sewage charge, we did so because we thought-there was a construction accident on the outside and determined the water was not going into the building, ~so the water was not going into the sewer. There is the problem of where to put the burden, but there should be'a policy, so everybody does not have to pay for it. Mayor Cassandra requested the evidence to be researched and added he would also.like to know when the repaire~-.ti~c~r. red. Councilman Warnke suggested waiting untilthe--i~'~iga_ tion is completed and not have the Water Department turn off the water. Dr. Robins stated he understands about not having the res~ of the citizens paying, but explained how the use of 190,000 gallons of water would make itself known with some flooding. He stated that two months ago, the site was dug up and there was absolutely no evidence of any repair and he does not understand how that can be produced tonight. Mayor Cassandra asked the City Manager to submit a report for the next Council meeting. CONSENT AGENDA A. Minutes 1. Regular City CounciI Meeting M~nutes of Au.gust '20, 1985 Bids 1. Pipe Fittings and Accessories - Utilities The Tabulation Committee recommends awarding the bid to various vendors submitting the low bids as noted on the tabulation sheet. e Sanitary Sewer Replacement on Ocean Inlet Drive and Shore D~ive - Utilities & Engineering The Tabulation Committee recommends awarding the bid to Madsen/ Ba~rConstructiOn Corp. in the amount of $222,613.50 based on recommendations submitted by Perry Cessna in his memo of 8/29/85. - 6 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1985 C. Resolutions Proposed Resolution No. 85-AAA - Re: Accepting Improve- ments and Reducing Performance Bond - Stonehaven PUD, Plat I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE AMOUNT OF THE PERFORMANCE BOND AND AC- CEPTING IMPROVEMENTS FOR STONE~LAVEN,' PLAT NO. I IN SECTION 30, TOWNSHIP 45 SOUTH', RANGE ~43 EAST Proposed Resolution No. 85-BBB'- Re: Accepting Improve- ments and Release of'~Performance Bond -~Stonehaven PUD, Plat II A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE ~PERFORMANCE BOND'~AND ACCEPTING IMPROVE- MENTS FOR STONEHAVEN, PLAT NO. II IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST e Proposed Resolution NO. 85-CCC - Re: Release of Excavation .and'Fill Performance Bond for Restoration - Stonehaven PUDgy, plats I and II A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING 'THE EXCAVATION AND FILL PERFORMANCE BOND FOR STONEHAVEN, PLATS NO. I ~ND II IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST 0 Proposed Resolution No. 85-DDD- Re: Abandonment of a portionof a Platted Road Right-of~WaY - Bl~Pr?Perty A RESOLUTION OF THE CITY COUNCIL~ OF THE CITY OF BOYNTON BEACH,. FLORIDA, VACATING AND ABANDONING A PORTION OF A'PLATTED ROAD RIGHT-OF-WAY, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; ~UTHORiZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAI~ RIGHT'OF-WAY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES2 5. Proposed Resolution No. 85-EEE - Re:~ Amending Resolu- tion 85-'ZZ Reducing Performance Bond for Palm Chase, PUD, Phase I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION NO. 85-ZZ REDUCING PERFORMANCE BOND FOR PALM CHASE, P.U.D. PHASE I. Development Plans NONE - 7 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1985 Approve request for zoning approval for alcoholic beverage licenres: 1. Smoke Signals~, Inc. 2. Rainbow City Grocery 220 N. Congress Avenue 1912 N. Seacrest Blvd. ~. Boynton. Be~ch, FL 33435 Boynton Beach, FL 33435 The Deputy Building Official notes approval in accordance with his memos dated August 22, 1985. billing a~counts attached to his memo dated August 28, and turning them over to the collection agency· G. ApproVe a~ional tree ~planting at Oceanfront Park ~r- 'Charle~' F ~ .~ ' · ~ r~ederick requests permission to replace 15 F. Approve write-off of receivables - Utility Fund Mr. Michael Munro recommends writing off the list of utility 1985, Live Oak Trees which were killed during the cold this past winter and add 1~ trees to the site with a projected cost of $3,500. H. Accep~~ lot on North Palm Drive in settlement of Code Enforcement Lien Lot offere~ to city in letter dated June 13, 1985, from Arnold F. Wilpon. I. Appro~ Associ This request was submitted per letter dated August 22, 1985, from H. Peter Mooij, Assistant. Chairman. ~. _Approval of Bills See list ~ttached. CouncilmanWarnke moved to approve the Consent Agenda, Items A-l, B-1 and 2, C~1-5, E-1 and 2, F, G, H, I, and J. Council- man Hester seconded the motion, Under discussion, Mr. Cheney clarified ~hat the.long list of write,off,of receivables is done 'annually and it does not mean we don~t try to collect' them, but ~hey are turned over to a collection agency and not shown On the bookS. Motion carried 4-0. e request submitted by Golf View Harbour Homeowners ation top!ace three.temporary signs~for Annual Bazaar BIDS NONE PUBLIC HEARING NONE - 8 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1985 DEVELOPMENT PLANS Consider Height Exception - Boynton Beach Mall Televi- sion Antennas Mr. Peter Pusnik, Engr. Project Coordinator for Edward J. DeBartolo & Associates, explained that the height exception was being requested for antenna installations to service certain stores in the mall. He explained how electrical interference and reception direction was taken into consid- eration and the necessity for the height. Mayor Cassandra told about getting satisfactory reception without needing-25 ft. height, but agreed two antennas would be needed for transmissions from Fort Lauderdale/Miami. and West Palm Beach. He is concerned about the height and the request for a general blanket approval. He wOuld find it easier to accept the concept of a master antenna which would supply five or six stores. He agrees an antenna is needed, but questions the height, how many and a general blanket. Mr. Pusnik informed him that each major department store stands on their own and they do not get involved furnishing them a master antenna and if cable TV would come in, it would resolve all the problems. He did cheCk the ordinances and could find nothing giving~ maximum heights in a commercial situation, but onlY address a residential situation for an- tennas. Councilman Warnke told about getting beautiful reception at his home and stated'he sees no reason to put 13 to 25 feet on top of a store roof. Mr. Pusnik clarified the dimensions he is talking about is the dimension mounted on a mast mounted to a cooling tower. He added the square footage which is going to be covered with these units is 5,000 or 10,000 square feet on a lY0,000 sq. ft. roof.~ He feels he has ans- wered all the requirements of the ordinances and~this is a reasonable request. He further explained how it is a matter of line of sight to get good reception. Mr. Cheney pointed out that under Section 4F, antennas are listed as an exception to the height limit. Mayor Cassandra clarified that he is concerned with the blanket request. Mr. Pusnik advised that before any tenant could put up an antenna, approval must be given by their main office. Mr. Ben Uleck, 1507 S.W. 17th Avenue, referred to the height limit voted on being 45 feet and stated with the cooling tower and then antennas, it will be 80 feet high. Mayor Cassandra responded that antennas were included in exceptions, - 9 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1985 but commercial situations were not covered. Mr. Uleck stressed that the citizens of Boynton Beach voted on the 45 ft. height limit and also he requested if there was such a matter on the agenda, the height being requested should be noted. Mr. Ralph Marchese, 1901 Roma Way, stated to give a blanket approval is intolerable. If these antennas are needed, the requests should be made on an individual basis. Mr. Pusnik referred to trying to work within the guidelines and stated he was surprised to find out a variance was needed for a TV antenna. The mall opening is one month away and the antennas must be installed as quickly as possible, so they can be checked and have all systems operating. Mayor Cassandra read the second paragraph in Mr.. Pusnik's letter and clarified that they are requesting blanket appro- val. He would have liked to have seen specific requests. Councilman Warnke referred to several antennas being on· the roof and stated we are in the highest place for lightning strikes. SecOnd, cable television service is in the area and it seems that service would be preferable. Councilman Warnke moved that this request for television antennas on the roof of the mall be denied, seconded by Vice Mayor Ferrell. Under discussion, Vice Mayor Ferrell stated he doesn't like blanket approval and thinks each store should show their individual need. The people do have the right to ask for an exception as some exceptions are needed and re- quired. He does think this request should have come in one at a time as needed for each individual store. Motion car- ried ~-0. LEGAL Ordinances -2nd Reading - Public Hearing Proposed Ordinance No. 85-46 - Re: Amending Employee Pension Plan in regard to joint and survivor annunity Mr. Vance read proposed Ordinance No. 85-46 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18. PENSIONS AND.RETIREMENT, ARTICLE II. EMPLOYEES' PENSION PLAN, DIVISION 4. RETIREMENT AND RETIRE? MENT BENEFITS, SECTION 18-118. RETIREMENT ANNUITY OPTION. OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING~THAT EACH AND EVERY OTHER PROVISION OF CHAPTER t8. PENSIONS AND RETIREMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1985 Mayor Cassandra ascertained nobody desired to speak in favor or opposition to proposed Ordinance No. 85-46 and then de- clared the public hearing closed. Councilman Warnke moved to adopt Ordinance No. 85-46 on second and final reading, seconded by Councilman Hester. No discus- sion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Warnke - Aye Mayor Cassandra - Aye Vice Mayor Ferrell - Aye Councilman Hester - Aye Motion carried 4-0. Ordinances - 1st Reading NONE Resolutions Proposed Resolution No. 85-FFF - Re: Designating City's representative to Metropolitan Planning Organization Mr. Vance read proposed Resolution No. 85-FFF'by ~title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING THE CITY'S REPRESENTATIVE TO THE METROPOLI- TAN PLANNING ORGANIZATION AND FOR OTHER PURPOSES. Councilman Warnke referred to Mr. Zimmerman being our present representative and stated he would like to see him continue, but he is not present to express whether he would like to. Mr. Vance stated the blank should be Councilman Carl Zimmerman in Section 1. Mayor Cassandra referred to Vice Mayor Ferrell being the alternate and Mr, Vance stated the blank should be Vice Mayor Robert Ferretl in Section 2. Councilman Warnke moved to approve Resolution No. 85-FFF, seconded by Councilman Hester. Motion carried 4-0. Other Acceptance of Agreement from Lake Worth Drainage District for Utility Line Easement Mr. Vance informed the Council that we need some easement area adjacent to the Lake Worth Drainage District to complete some lines and the Lake Worth Drainage District has agreed to let us use their property for the sum of $5,445. A proposed agree- ment is submitted and he requests the City Council approve - 11- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1985 execution of this agreement and paying to Lake Worth Drainage District the sum of $5,445. Councilman Warnke asked.how the fee is determined and Mr. Vance replied that he believes it is $7.50 per foot. Coun- cilman Warnke asked if there is an alternative and Mr. Cheney informed him it could be condemned, but this is less expensive. Councilman Warnke moved to approve this conditional permit and agreement as presented with the expenditure of $5,445. Vice Mayor Ferrell seconded and the motion carried 4-0. OLD BUSINESS Ratification of South Central Regional Wastewater Treatment & Disposal Board Action of August 9, 1985 (Tabled) Approve the ~Execut±ve Director's TWo Year Bonus/ Incentive Progr.am (Tabled) Councilman Warnke moved to take from the table, seconded by Vice Mayor Ferrell. Motion carried 4-0. Councilman Warnke stated his contention is the amount of the two year bonus as suggested by'the Executive Director of the SoUth Central Regional Wastewater Treatment & Disposal Board. He personally finds that it is rather a high figure when the director knew when he came aboard that he would be subject to extra work as the regional plant expands. He quoted figures for salaries of directors of wastewater treatment plants and pointed out by region, the national average is $27,000. At the present time, our director is getting in excess of $37,000 and he is asking for an extra $10,000 per year for two years because he is being subjected to extra work. He personally feels the salary 'is adequate. He would be in favor of grant- ing an annual percentage raise the same as most department heads and employees get. He feels this bonus request is exces- sive and out of line. It was approved by the Board on a 6-2 vote with a lot of discussion. We have a contract with him and he was aware of the expansion plans. Vice Mayor Ferrell clarified that this was not just at the request of the Executive Director, but recommended by the committee appointed. The bonus idea was in lieu of outside consultants' fees which were more. It is a choice of paying a bOnus or paying additional to consultants. The concern was the expansion of the plant and not wanting any disruption. The committee made this recommendation. - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1985 Mayor Cassandra added that he made the recommendation that a committee be appointed to evaluate Mr. Sloan's job performance, salary, etc. He is not in favor of a bonus; but if Mr. Sloan deserves more money, his job description should be rewritten. He explained how a person should be paid according to the job he does and what he deserves. He is not in favor of a bonus concept, but in favor of giving him what he is worth. Vice Mayor Ferrell informed them thaH the committee felt the salary had reached the maximum. The bonus concept was a way of addressing someone inside to do ~some work with sums al- ready laid out in the development of the plant. Mayor Cassandra replied that if the salary range is too high for the next man, you pay him what the job warrants. Mr. Sloan has been with this operation .for two years and the question is whether he deserves a raise' and should the job description be changed. He is not in favor of the bonus concept and would rather have a special meeting of the Board called and possibly change the job description. After further discussion, Councilman Warnke .stated with the thought in mind of the committee a~d the South Central Re- gional Wastewate~ Treatment & Disposal Board reviewing this again, he makes a motion to not ratify this at this time and feed back to the Board. Mayor Cassandra turned the gavel over to the Vice Mayor to second-the motion. Motion failed 2-2 with Vice Mayor FerreiI and Councilman Hester dissenting. Mayor Cassandra asked if Mr. $1oan desired to speak and Coun- cilman Warnke replied that this is a matter for the South Central Regional Board. Councilman Hester clarified that the majority of the Board approved this, but the Mayor's concern is the bonus incentive. Mayor Cassandra stated the implication is that the salary will be an additional $10,.000, but he questions what it is for. Vice Mayor Ferreli informed him a time schedule of require- ments was included. Councilman Warnke clar±fied that we can only Vote on what is to be ratified and cannot change it. A motion could be made to refer it back to the full er.ation and Vice Mayor Ferrel! could be held before' a full mE Vice Mayor Ferrell made a mot~ based on the prior action of with the result of getting the outh Central Board for consid- . .remarked that several meetings ~mbersh±p would ~be present. on to approve this ratification he South Central Regional Board job done. Councilman Hester seconded the motion. Mayor C~ssandra clarified that it has been moved and seconded to ra~ify the Executive Director's two year bonus and incentive program. Under discussion, - 13 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1985 Councilman Warnke summarized that if it came to another 2-2 tie vote, it would not help matters whatsoever. If the Board reconsidered, it would be approved and come back again for ratification. We are at an impasse, so he will vote in favor. Vice Mayor Ferrell asked if it could be changed in any way after rat~ification and.Mr. Vance replied negatively. Motion carried 3-1 with Mayor Cassandra dissenting. Approve Edward D. Stone Associates Contract for Boat Club Park Expansion Design (Newly purchased land between Route 1 and old park area} Mr. Cheney informed the Council that we 'do own that land now. Mr. Frederick has been meeting with~Edward D. Stone & Asso- ciates and designs have been developed, It has been agreed to tear down Betty's Apartments in March. We have programmed funds to do the front section of the park; It is appropriate to go ahead with the design plan. The contract is submitted and Mr. Frederick is present to answer questions. We have $2,000 to design that front area and he recommends approval. Vice Mayor Ferrell made a motion to approve this contract, seconded by Councilman Warnke. Motion carried 4-0. Select Investment Bankers for City Utility Bond Issue DELETED Authorization to Proceed for Phase II Section 2 of Landfill Closure Mr. Cheney referred to this entire contact being approved with the agreemen.t to implement in steps and advised we are ready to proceed with the third stage and he is confident it will stay within the total budget. Councilman Warnke moved to authorize the procedure for Phase II, Section 2, of the landfill closure, seconded by Vice Mayor Ferretl. No discussion. Motion carried 4-0. Review of Utility. Service to New Post Office Mr. Cheney informed the Council-that the post office is working with the city on access to the east of the site and also working diligently trying to get access to the site from the west. The only thing pending is utility service. He explained how utility service could be provided and recom- mended sharing with the post office in the cost of install- ing the utilities according to the alternate plan. It will cost approximately $25,000 to $30,000 to provide that kind of access. He has discussed it with the post office in prin- ciple and thinks they will pay their share. - 14 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1985 Mayor Cassandra asked if the post office is going to annex and Mr. Cheney replied that they have agreed to. Mayor Cassandra questioned this recommendation to share the cost of the utilities with the post office and Mr. Cheney replied that he is recommending it because he thinks we have come a long way and it is a way of providing service to the property to the south of the post office. Mayor Cassandra asked if this concept was done for anyone else and Mr. Cheney replied affirmatively. Mayor Cassandra ascertained it was the consensus of the Coun- cil to continue with'this subject to Council's approval. NEW BUSINESS Consider Facility Location for WXEL (Channel 42 and Stereo 91)~ New Studios Mr. Cheney referred to being one of a few places having a radio and television station in the city and stated he thinks their presence adds to the city's identification. WXEL is in a building owned by the School Board and they have to move. They have received $3,500,000 from the state to build a new facility. The state indicated they will g~ve.this money con- ditioned upon the station having a piece of land provided to them. He thinks it is important to keep that facility in the city and provide land for them. He recommends considering providing to them six to eight acres of land on the 30 acre site on South Congress Avenue. He explained how this will fit well' with the planned recreational activities in that area. It is true WXEL advertises their address in West Palm Beach because the post office address of their transmitter is in West Palm Beach, but they do also say they serve other cities and say they hawe studios in Boynton Beach. He suspects if we provided land, there could~be a fairly regular announcement of being located in Boynton Beach. Mr. Vance has checked the deeds and confirmed we do have good title and if we make this offer, we can produce on it. Mayor Cassandra added that he received a call and their archi- tect will be makin~g a decision Monday. It would be appropriate to advise him whether they do or do not have land in Boynton Beach. Mayor Cassandra questioned the need for a public hearing and Mr. Vance replied that it would not be necessary. Mayor Cassandra referred to rezoning being involved and Mr. Vance replied this is a public park and a public television station - 15 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEP.TEMBER 3, 1985 is probably public use, so he does not think there would be any problem. He believes the existing public use zoning would cover the television station. Councilman Warnke made a motion that this Council is in favor of the concept of a facility location for WXEL's new studios using Boynton Beach city land on South Congress Avenue with details to be worked out later. Councilman Hester seconded th~ motion. Mayor Cassandra clarified the motion.was to negotiate with WXEL the leasing of city owned land on South Congress Avenue.~ No discussion. Motion carried 4-0. ADMINISTRATIVE Consider Replacement to Fill Expired Term for the Following Member of the Codes Enforcement Board (Mayor Cassandra) 1. Art Matthews, Member - Term expires September 1985 Mayor Cassandra nominated Mr. Art Matthews to another term, subject to his acceptance. Vice Mayor Ferrell seconded and the nomination carried unanimously. Consider Appointment of One Alternate to Beaches and Shores Council Mr. ~heney referred to.Mr. Frederick being the regular member and suggested that Mr. Bill Flushing be appointed as an alter- nate member on this council. Vice Mayor Ferrell made a motion to appoint Mr. Bill Flushing as the alternate representative, seconded by Councilman Warnke. Motion carried 4-0. OTHER NONE ADJOURNMENT Councilman Warnke made a motion to adjourn-. The motion was seconded and unanimously carried.with the meeting properly adjourning at 9:50 P. M. - 16 - REGULAR CITY COUNCIL ~EETING BOYNTON BEACH,. FLORIDA SEPTEMBER 3, 1985 CITY OF BOYNTON BEACH, FLORIDA ATTEST: '~/~ ~aayor ce Mayor Councilman ' y/~ ' City Clerk ecord'ing Sec~tary Three Tapes) - 17 - AGENDA September 3, 1985 · 0NSENT AGENDA - ADMINISTRATIVE Allen Insurance Agency Endorsement to Workers Compensation applying new rates effective 1/1/85. Pay from various departments--General Fund, Water ~ Sewer, Golf Course, Sanitation & Vehicle Service Allen Insurance Agency Additional endorsements and adjustments to Auto- mobile insurance. Pay from Vehicle Service Fund---501-193-519-40-41 All-Rite Paving, Inc. Payment No. 3~ Cherry Hill Roadway Improvement Project Phase IIB Reimbursable from Community Redevelopment Pay from General Fund---001-000-!15-87-00 Boynton Beach Child Care Center Payment ~4 - Approved by CRB 2/85 Pay from Federal Revenue Sharing---320-641-564-40-5A Greater Boynton Beach Chamber of Commerce, Inc. Services for months of June and July, 1985 Pay from Publicity Fund---!01-191-5!9-40-54 e Club Car August Lease Payment 30 Golf Carts & Maintenance Pay from B.B.Rec.Fac.Rev.---4!l-726-572-60-8F Davis Water & Waste Industries,..Ing.~ Odophos Liqu~Ld No. ! for Sewage Pumping Pay from Wat~r & Sewer Revenue---401-352-535-30-65 Engineer Se~ice Corporation 2 Spare Radi()s for Monitor and 2 Spare Monitor Cards Pay from Wat~r & Sewer Revenue---401-352-535-60-42 "Sole Source' IBM CorDorat~on Copier III Model 60 from 8/1/85 thru 8/31/85. Pay from various departments in General Fund, Water & Sewer Revenue and Golf Course. COUNCIL APPROV£1 , MeetinlF $ 7,829.00 4,739.00 63,571.03 5,200.00 2,350.00 2,218 o 50 Ii,010.00 3,600.00 2,107.86 I0. 11. 12. 13. 14. 15. 16. 17. Regency Dodge 1 One Ton Truck with Utility Bed & Lift Gate for Recreation Department. Pay from Vehicle Service Fund---501-~93-519-60-88 State Contract ~070-00-85-1 Semes Enterprises 16,000 Consecutively Numbered Beach Decals per bid specifications for City Clerk. Pay from General Fund---001-122-512-40-72 Per bid 5/28/85, Council approved 6/4/85 Sunniland Cor~gration 80 (50 lb. bags 12-0-12) and 8 (50 lB Bags Nemacur) Pay from Golf Course---4!!-726-572-30-6! $592.00 411-726-572-30-66 460.00 Total 1052.00 James W. Vance, P.A. Professional Services Rendered 7/1_/85 thru 7/31/85 Boynton vs. JCF PrOject. Pay from General Fund---001-14!-514-40-68 ~ogerWhitle¥ Chevrolet, Inc. 1 One TOn Truck with Utility Bed & Lift Gate for Building Maintenance. Pay from Vehicle Service Fund---501-193-519-60-88 Charlie Andrews Driver for Senior Cltizens Club 3 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed. 5/15/73 Willie Ruth McGrad¥ Server for Senior Citizens Club 3 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~73-!5, passed 5/15/~3 BBR General Contractors Est. ~3 Final For Palm Chase Sewer Service from 12/11/84 to 7/23/85. Pay from Utility Capital Improve.---404-000-169-11-00 $ 11,098.20 1,120.00 1,052.00 4,631o50 12,785.00 210.60 201.60 37,797.30 COUNCIL APPROVED: -3- The bills described have been approved and verified by th department heads involved; checked and approved for payment by the Finance Department. Grady W~nance D~rector I therefore recommend payment of these bills. ~eter L. Cheney, City Manager UAME.S W. VANCE WILL AM p. DONEY MARTA M. SUAREZ-MUF~IAS LAW O~"FICES · Jx~s W'. V.~, P.A. SUITE 2OO, BARR STERS BUILDING 1615 FORUM PLACE ~4~EST PALI¥I BEA6H, FLORIDA 33401 TELEPHONE: August 16, 1985 Mr. Grady Swann Director of Finance P.O. Box 310 Boynton Beach, FL. 33425 Re: JCF v. City of Boynton Beach Expert witness fees Dear Grady: Enclosed herewith please find an invoice from Associated Appraisers in the sum of $3,635.00, as well as an invoice from Kilday & Associates for $996.50. These charges are for expert witness fees in connection with the above litigation. As of this date, we have not yet received a Final Judgment concerning this case, but in the event the City prevails, we will move to tax as costs these charges. In the meantime, please place these charges in line for payment. If there is any questions or comments, please feel free to contact me. SinceTely,~y~r~ Peter Cheney, City Manager WPD/sjw enc. CC: COUNCIL APPROVED: ...... ~dday Et Associates Landscape Architects/Planners 1551 Forum Place Suite:3OOE West Palm Beach, Florida 33401 (305) 689-5522 August 9, 1985 Mr. James Vance, Esq. 1615 Forum Place, Suite 200 West Palm Beach, FL 33401 INVOICE FOR PROFESSIONAL SERVICES RENDERED July 1 through July 31, 1985 Project Name: Boynton Beach vs. JCF Project Number: (145.5) CONSULTATION AND DESIGN: Principal (7.5 Hours @ $75/Hour) Associate (4.7 Hours @ $50/Hour) Drafting (6.4 Hours @ $30/Hour) REIMBURSABLE EXPENSES Prints Sepias 562.50 235.00 192.00 1.00 6.00 AMOUNT NOW DUE $996.50 COUNCIL A?P, EOVED: Meeting:_ ,~/~/~-~ NOTE: Please indicate project number on check g$OCIgT D PPR I ER5 STATEMENT: 11211 PR( PALM BEACH PHONE:: C'- ,,. _ To: _.'~"~' Citvof Boynton Beach c/k5 William P. Doney, Attorney ~;.,-~1615 Forum Place ~':'~-~i~:~West Palm:Beach, Florida 33401 Date: For: 38 days, Appraisal & Court time Research Exhibits Total $3,500. 75. 60. $3,635. .._co. UNC~L ^PP Meetins:.. Thank You