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Minutes 10-02-95MINUTES OF THE CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, OCTOBER 2, 1995, AT 6:30 P.M. PRESENT Mayor Gerald "Jerry" Taylor Matthew Bradley, Vice Mayor Lynne Matson, Mayor Pro Tem Shirley Jaskiewicz, Commissioner Sidney Rosen, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS A. Call to Order Mayor Taylor called the meeting to order at 6:30 p.m. B. Invocation - Conrad Braaten, Ascension Lutheran Church In the absence of Conrad Braaten of Ascension Luthern Church, Commissioner Jaskiewicz offered the invocation. C. Pledge of Allegiance to the Flag The Pledge of Allegiance to the Flag was led by Mayor Pro Tem Matson. D. Agenda Approval 1. Additions, Deletions, Corrections Mayor Pro Tem Matson added Items IX.AA (Report on Florida League of Cities Committee Meeting), IX.AA.2 (Report on Municipal League Meeting), and IX.AA.3 (Southern Bell Telephone Update). Commissioner Jaskiewicz added Item IX.D (Sound Wall). City Manager Parker added Item X.C.3 (Proposed Resolution Re: Annual Blue Cross/Blue Shield Health Insurance Contract). MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 2. Adoption Motion Mayor Pro Tem Matson moved to approve the agenda as amended. Commissioner Rosen seconded the motion, which carried 5-0. II. ADMINISTRATIVE Ae Accept resignation from Gary Parfitt, Regular Member, Code Enforcement Board Motion Mayor Pro Tem Matson moved to accept the resignation from Gary Parfltt from the Code Enforcement Board. Vice Mayor Bradley seconded the motion,which carried 5-0. B. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date Mayor Taylor IV Matson II Bradley IV Matson II Bradley IV Matson II Bradley IV Matson IV Matson IV Matson II Bradley III Jaskiewicz Board of Adjustment Alt Bldg. Bd. of Adj. & AppealsAlt Cemetery Board Alt Children & Youth Adv. Bal. Alt Library Board Alt *Senior Advisory Board Reg Senior Advisory Board Alt Cemetery Board Reg Comm. Redev. Adv. Board Reg Code Enforcement Board Alt Recreation & Parks Board Alt Code Enforcement Board Reg Term expires 4/97 Term expires 4/96 Term expires 4/96 Term expires 4/96 Term expires 4/96 Term expires 4/96 Term expires 4/96 Term expires 4/97 1 yr term to 4/96 1 yr term to 9/96 · Term expires 4/96 Term expires 9/96 TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED 2 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 Motion Commissioner Jaskiewicz moved to remove the appointments from the table. Commissioner Rosen seconded the motion, which carried 5-0. Mayor Pro Tem Matson appointed Betty Boroni as a regular member to the Cemetery Board, without objection. She appointed Mary Toth to the Senior Advisory Board as a regular member, without objection. Vice Mayor Bradley appointed Marion Moore as an alternate member to the Senior Advisory Board, without objection. Motion Mayor Pro Tem Matson moved to table the appointments that have not been filled. Vice Mayor Bradley seconded the motion, which carried 5-0. Motion Commissioner Rosen moved to approve the appointments as indicated. seconded the motion, which carried 5-0. III. CONSENT AGENDA Vice Mayor Bradley A. Minutes 1. Regular City Commission Meeting Minutes of September 19, 1995 No .additions, deletions, or corrections were made to the minutes of the September 19 meeting. Be Bids - Recommend Approval - All expenditures are approved in the 1995-96 Adopted Budget Award bid to Envirodyne, Inc. for the Annual Supplemental Laboratory Analysis for Water, Wastewater, etc. The Tabulation Committee recommended awarding this bid to the above-named company in MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 the mount of $5,028.00. Envirodyne, Inc. was the lowest, most responsive, responsible bidder who met all specifications. e Award bid to J. C. Food Service of Lake Worth for the Annual Contract for Delivered Refreshments for the Rolling Green Latchkey Afterschool Program The Tabulation Committee recommended awarding the bid to the above-named company in the amount of 63 cents per snack, per child. Approve extension for an additional year for the Co-Op Annual Contract for Gasoline and Diesel Fuel Mayor Pro Tem Matson pulled this item from the agenda for discussion. Award bid for Annual Supply of Electrical Materials to various bidders Awards were recommended to the lowest, most responsive, responsible, bidder meeting all required specifications on an item by item basis. The manufacturer's discount was awarded to the vendor with the highest discount off of the manufacturer's list price. C. Resolutions Proposed Resolution No. R95-158 Re: Abandonment of a six foot wide utility easement in the Cherry Hills Subdivision Lots 508 - 517 Proposed Resolution No. R95-159 Re: Authorizing final payout to C.D.B.G. Contractor - Rosso Paving in the amount of $4,854.14 Proposed Resolution No. R95-160 Re: Authorize execution and approval of Maintenance Agreement between the City of Boynton Beach and CPT for computers Proposed Resolution No. R95-161 Re: Authorize execution and approval of a Training Center Agreement between the City of Boynton Beach and the American Heart Association 4 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 Se Proposed Resolution No. R95-162 Re: Authorize execution of a contract with the Children's Service Council of Palm Beach County for the Recreation/Athletics/Police (R.A.P.) Program in the Police Department Vice Mayor Bradley pulled this proposed resolution from the agenda for discussion. Proposed Resolution No. R95-163 Re: Authorize execution of a contract with the Children's Service Council of Palm Beach County for the Latchkey Afterschool Program for fiscal year 1995/96 Vice Mayor Bradley pulled this proposed resolution from the agenda for discussion. e Proposed Resolution No. R95-164 Re: Authorize execution of the termination of the Lease Agreement between the City of Boynton Beach and BellSouth Mobility, Inc. for Water Tower Site D. Approval of Bills A list of these bills is attached to these original minutes on file in the City Clerk's Office. E. Authorize purchase of additional drafting workstation for the DACS Project Funds for this purchase are available through the 1992 Series bond account, as part of the DACS. F. Budget Transfer - City Manager's Office This transfer from account number 001-194-5-911.00 (Contingencies) to account number 001-194-5-462.03 (Consultant - Marina Project), in the amount of $5,600.00, would provide funding for the two required real estate appraisals for the Marina Project. G. Award Dry Cleaning Quote for Police Uniforms to Greentree Dry Cleaners The Tabulation Committee and Lt. Patrick Smith of the Police Department recommended awarding this bid to the above-named company, which was the lowest, most responsive and responsible bidder meeting all speci~fications. 5 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 Motion Vice Mayor Bradley moved to approve the Consent Agenda, with the exception of Items III.B.3, III.C.5, and III.C.6. Commissioner Jaskiewicz seconded the motion, which carried 5-0. e Approve extension for an additional year for the Co-Op Annual Contract for Gasoline and Diesel Fuel Mayor Pro Tern Matson inquired about the cost per gallon. City Manager Parker referred to the last two pages in the backup material, which showed that it costs .6260 for regular fuel and · 6625 for plus fuel. Motion Mayor Pro Tem Matson moved to approve Item III.B.3 of the Consent Agenda· Vice Mayor Bradley seconded the motion, which carried 5-0. Proposed Resolution No. R95-162 Re: Authorize execution of a contract with the Children's Service Council of Palm Beach County for the Recreation/Athletics/Police (R.A.P.) Program in the Police Department Vice Mayor Bradley stated that every year the Children's Service Council grant requires a larger match. He wondered what the match was up to at this point. With regard to the Latchkey Afterschool Program, City Manager Parker advised that the City contributes 16 percent, the participants pay 16.4 percent, and the Children's Services Council pays 67.6 percent. The City contributes $8,300.00 in cash and $12,842.00 in in-kind services (staff's time, a portion of the electric, etc.). She did not have the breakdown for the R.A.P. Program. Vice Mayor Bradley requested that this information be provided when it is available. He mentioned to the Commission that each year, the Children's Service Council expects groups such as the City, to flip more of the bill. MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 J Proposed Resolution No. R95-163 Re: Authorize execution of a contract with the Children's Service Council of Palm Beach County for the Latchkey Afterschool Program for fiscal year 1995/96 See discussion above. Motion Commissioner Rosen moved to approve Items III.C.5 and III.C.6 of the Consent Agenda. Vice Mayor Bradley seconded the motion, which carried 5-0. IV. ANNOUNCEMENTS AND PRESENTATIONS A. Announcements Workshop Meeting, October 26, 1995, 4:00 p.m. - Community Appearance Code Mayor Taylor made this announcement. 2. Youth in Government Day, October 19, 1995 Mayor Taylor made this announcement. Wilfred Hawkins, Assistant to the City Manager, advised that Youth in Government Day is going to be expanded this year to include Statewide recognition. He said Vice Mayor Bradley had brought this to the attention of the Community Relations Board and Education Advisory Board. There is a Proclamation regarding Decision '95--My Vote Counts on the agenda this evening which allows the City to join other cities throughout the State of Florida in the recognition of Decision 95'--My Vote Counts. The Florida League of Cities feels that in order to get the people involved in government, we need to start at a very young age. They designed a program in which the local government and schools could work together. A curriculum was developed to teach the students about local municipal government. By being involved in Decision '95, the City of Boynton Beach would be allowed to partner with the middle and high schools in the area that the students of Boynton Beach attend. The schools have agreed, in writing, to participate in Decision '95 and will be teaching the curriculum the week of October 15 through 21. The City of Boynton Beach has incorporated its annual 7 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 Youth in Government Day with Decision '95 week. A packet of information about the City has been sent to all the schools involved to encourage the teachers to discuss local government in the City of Boynton Beach. The teachers were advised that the City Officials and Department Heads are available to go to the classrooms to talk to the students about Boynton Beach. The City has reported its participation to the Florida League of Cities so that it will be recognized as one of the cities participating in Decision '95--My Vote Counts. Vice Mayor Bradley felt this is a very important program. He gave a lot of credit to Clarence Anthony, the former President of the Florida League of Cities, who developed this program along with the help of many others. Vice Mayor Bradley felt it was very important that young people understand the value and the benefit of their participation in City government from an early age. If we wait until they become adults, the chance of getting them enthused and involved is minimal. He thanked Mr. Hawkins and acknowledged the Education Advisory Board and the Community Relations Board, who have worked very hard to promote this. He hopes this event will get stronger each year with more participation from the schools. Commissioner Jaskiewicz felt the curriculum that will be taught to the students prior to Youth in Government Day will greatly enhance the program. Mayor Taylor suggested that each member of the Commission visit a different school and give a little presentation to the students. He felt that local government is going to become more important in their lives. B. Presentations 1. Proclamations a. Fire Prevention Week - October 8 - 14, 1995 Mayor Taylor read a proclamation declaring October 8 through 14, 1995 as Fire Prevention Week, and called upon the people of this City to participate in the fire prevention activities at home, work and school, and to heed the message: "Watch What You Heat" as the 1995 Fire Prevention Week theme suggests. On behalf of all the men and women on the Boynton Beach Fire Department, Fire Chief Floyd Jordan received the proclamation. He stated that the men and women on the Boynton Beach 8 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 Fire Department are doing an excellent job. He advised that the Fire Department intends to hold many activities during Fire Prevention Week. Mayor Taylor expressed pride in our firefighters. b. City Government Week - October 15 - 21, 1995 Mayor Taylor read a proclamation declaring Otober 15 through 21, 1995 as City Government Week. Mayor Pro Tem Matson stated that as part of City Government Week last year, she had initiated the Lot-tie Pierce Citizenship Award. It is that time of year again. Therefore, at the next City Commission meeting on October 17, the winner of the Lottie Pierce Citizenship Award for this year will be announced. She asked if the City Manager's Office received the packets regarding City Government Week from the Florida League yet. City Manager Parker advised that she had not seen them. Mayor Pro Tem Matson asked that she be notified when they arrive. She advised that they contain a sample press release, etc., regarding the activities that are planned for that week. c. National Red Ribbon Week - October 23 - 31, 1995 Mayor Taylor read a proclamation declaring October 23 through 31, 1995 as National Red Ribbon Week and encouraged every citizen to wear a red ribbon, and all businesses, media, and public and private institutions display red ribbons to symbolize our commitment to establishing a healthy and safe community for our citizens, especially our children, and to participate in events throughout the week that support positive lifestyle. d. American Education Week - November 12 - 18, 1995 Mayor Taylor read a proclamation declaring November 12 through 18, 1995 as American Education Week. e. National Epilepsy Awareness Month - November, 1995 Mayor Taylor read a proclamation declaring the month of November as National Epilepsy Awareness Month. 9 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 V. BIDS None. VI. PUBLIC HEARING A. Project Name: Agent: Owner: Location: Description: Miner Road ............................................ TABLED Richard Harris for Condor Investments of Palm Beach County City of Boynton Beach Miner Road between High Ridge Road and 1-95 Request for abandonment of a 54 foot wide portion of the Miner Road right-of-way east of High Ridge Road This item was left on the table. VII. PUBLIC AUDIENCE Individual speakers were limited to three minute presentations. Harry Stein, 760 E. Ocean Avenue, stated that he is appearing before the Commission this evening on behalf of his condominum. He continued the discussion he commenced at the September 19, 1995 City Commission meeting. He stated that according to the democratic process, the people have the right to proper notice and the right to be heard. According to the City calendar, a Community Redevelopment Advisory Board meeting was scheduled for 7:00 p.m. on September 11, 1995; however, when he arrived at the meeting at 6:45 p.m., Ann Ford, the Downtown District Coordinator, advised him that the meeting had already adjourned. He said he wanted an opportunity to question Ann Ford regarding her qualifications for the position she held. Since Mr. Stein's time limitation expired, he said he will continue this discussion at the next City Commission meeting. No one else in the audience wished to speak. Therefore, Mayor Taylor declared the Public Audience portion of the agenda closed. 10 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 VIII. DEVELOPMENT PLANS Ao Project Name: Papa Johns ............................................. TABLED APPLICANT REQUESTED TO BE TABLED UNTIL OCTOBER 17, 1995 Agent: Interplan Practice, Ltd. Owner: Papa Johns USA Location: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard Description: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars This item was left on the table. Bo Project Name: Papa Johns .............................................. TABLED APPLICANT REQUESTED TO BE TABLED UNTIL OCTOBER 17, 1995 Agent: Owner: Location: Description: Interplan Practice, Ltd. Papa Johns USA Northeast corner of N.W. 7th Court and Boynton Beach Boulevard Request for site plan approval to construct a 1,142 square foot take-out pizza store on .22 acres This item was left on the table. C. Tara Oaks Master Plan Modification Kieran Kilday, the agent for this project, advised that several issues need further clarification, such as the road, and whether it was on the plan or deleted from the plan. He requested that this matter be postponed for two weeks in order to obtain the necessary information to resolve these issues. It was the consensus of the Commission to postpone this item until October 17, 1995. 11 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 IX. NEW BUSINESS AA.1 Report on the Florida League of Cities Committee Meeting Mayor Pro Tem Matson reported that the Florida League of Cities held their policy committee meetings this past Friday to prioritize their legislative policies for the coming year to present them to the Legislative Delegation and the rest of the cities at the Legislative Conference in November. The Intergovernmental Relations Committee, of which she is a member, will support the following legislative policies: Legislation providing a constitutional amendment for the 1996 general election which will expand the parameters of the Constitutional Revision Commission (CRC), giving the CRC the full purview of the Constitution. We deal with issues that transcend local boundaries and we want to make sure that each level of government respects the goals and objectives of each entity and that we can use our own unique resources to understand and respond to concerns. Legislation that will promote all government entities, existing regional and local districts, councils, agencies, and state designated committees to have representation on local government, local boards, and state boards. The Committee feels this will prevent taxation without representation. The Committee is looking for direct participation by municipal government in designing funding formulas, methods of distribution of Federal and State funds shared with municipalities, and the development and maintenance of these intergovernmental programs. The Committee has been working on revenue sharing of State funding for municipal libraries for four years. The Committee is trying to get 10 percent of the funding that goes to the counties to be allocated to the cities. Secretary of State Sandy Mortham promised to continue to try to capture that 10 percent for the cities. The Committee is also trying to provide greater municipal access to small city CDBG funding. The Committee believes that non-entitlement cities should be entitled to funds for the purpose of financing vital community development programs. The Committee is looking for legislation that will build a more effective housing partnership between the private sector, including nonprofits and governments at the Federal, State,and local levels. The Committee is asking those entities to provide more affordable housing. Unfunded mandates are important to the Committee, but are not as high on the priority list as the CRC because the Committee feels the CRC is a little more important. 12 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 The Committee is also looking at the Administrative Procedures Act. The Committee wants to revise agency rule that promulgates the process, eliminating negative municipal impacts, unfunded mandates,and one size fits all solutions. The Committee feels that the objective of agency rule making would be outcome based, rather than process oriented. Mayor Pro Tem Matson advised that the Committee is going to put a lot of this in bullet form like last year, and present it to our legislators and the rest of the cities at the Legislative Meeting in November. AA.2 Report on Municipal League Meeting Mayor Pro Tem Matson reported that the general meeting was held last week. There was a presentation for the Seflin Network for municipal libraries. She received a packet from Earl Moore from Atlantis on the Countywide Public Safety Communications Systems for municipalities. The members of the Board of Directors of the Municipal League were asked to vote in the beginning of the month on sending a resolution to the County, asking for $800,000.00 to start the funding of the first phase. The Municipal League does not think it should tell the County how to allocate their funds. Therefore, they passed a resolution asking for their support. Mayor Pro Tem Matson believes we are going to be a vital source of communications throughout South County. With this safety communication system, any municipality from North County to South County will be able to contact one another in case of fire, flood, or natural disaster. She turned the Summary Report over to City Manager Parker. If anyone is interested it reading it, they can obtain a copy from the City Manager's Office. AA.3 Southern Bell Telephone Update Mayor Pro Tem Matson reported that in 1991, the City Commission appointed her as the Intervenor on behalf of the City regarding the telephone communication disparity within our municipal boundaries. In essence, we have two pockets within our City that are comprised of more than 10 percent of our population who are not on the same par as the rest of the City when it comes to long distance telephone calls. These two pockets, one of which is in the northwest sector, and one which is along the Seacrest corridor north of Gateway, can call Jupiter free of charge, but not Delray Beach. She appeared before the Public Service Commission on several occasions to intervene on the City's behalf. These two pockets will now be able to call Boca Raton and Delray Beach for 25 cents, which is what West Boynton and the majority of the City had all along. This does not take away the disparity, but at least it is better than what we used to have. On the other hand, as of January 1, 1996, the rest of 13 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 the City will be able to call all the way to Ft. Lauderdale, but we cannot. Ours will stop at the Boca Raton boundaries. There is still a huge disparity within our municipal boundaries, but it is better than nothing. She will continue to work on this issue. She is going to be speaking with the Office of Public Council in Tallhassee again after January 1 once we are sure this comes on line. Then she will ask for a little more. Mayor Taylor asked about the logic for those two pockets being different. Mayor Pro Tem Matson said it had to do with annexation. One pocket is in an old section of town and one is in a new section of town. The one in the old section of town is routed out of the West Palm Beach calling area. They were on line before the rest of the City. At our end of town, it had to do with the annexation. When we were annexed into the City, they hooked us into Greenacres rather than where the rest of the City was hooked into. It would cost thousands of dollars to rectify the disparity, and she did not think it was going to happen. A. Commissioner Insurance Coverage Clarification City Manager Parker stated that she put this item on the agenda to request clarification from the City Commission. She advised that in 1992, there was a motion to approve hospitalization health insurance for City Commission members. The discussion centered around the City's group plan. She said she received a request from Commissioner Jaskiewicz to pay a health insurance premium that was less than the City's to a substitute provider, and took it upon herself to do that administratively because she thought it met the intent of the Commission and was a savings to the City. However, there seems to be a difference of opinion on this matter. Therefore, she requested clarification from the Commission on how to proceed with this issue. Commissioner Rosen asked what the concern is. Mayor Pro Tem Matson stated that she asked the City Manager to place this item on the agenda after she saw the memo where Commissioner Jaskiewicz requested that the City, in lieu of City insurance, pay the insurance to her carrier. Mayor Pro Tem Matson said she was one of the Commissioners who took part in the discussion when this came forward. Insurance was being afforded to the Commission and the choices were either to opt into the City's plan or opt out the City's plan. She advised that City Manager Parker and she looked into this matter. All the cities that have insurance were polled and do not pay anything toward outside coverage. Mayor Pro Tem Matson stated that when you are in the public eye, sometimes what the case is and what the perception is are two different things. She spoke with several constituents about this and they also felt that the perception would be that it is self serving and an abuse of 14 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 power. They also pointed out that the same insurance was offered to the employees and felt the Commission should either opt in or opt out, particularly in light of the fact that the other cities do not set that precedence. She was curious why Boynton Beach would set the precedent when other cities do not. She does not know if they found anything illegal about it or if they felt that it was unethical. She felt there has to be a good reason why the other cities do not pay it. She felt strongly that if we are going to do this for a Commissioner, we should do it for the employees also. She agreed it is a savings, but felt we are supposed to be good stewarts of the taxpayers' money. She said it is our fiduciary responsibility to do what is in the best interests of the residents. She asked that if a certain amount of money is budgeted for insurance and you have insurance under another plan, does this mean that that money can be used toward your mortgage. She asked where we would draw the line and what is the rationale. Commissioner Jaskiewicz advised that she has earned the right, after working 23 years, to participate in the School Plan for $103.16. If she gave up that coverage, she would not be able to get it back. She pointed out that this would save the City money. She did not understand how this would affect the employees. She pointed out that a commissioner is elected for a term of office and does not receive a pension from the City. She did not see why she should be denied what other members are receiving. She pointed out that the City set a precedent in 1992 when they voted in favor of the City Commissioners being covered under the City's Plan. Commissioner Rosen noticed in the backup material that West Palm Beach pays a certain amount towards a private plan. Therefore, evidently, the legal aspect must have been researched. He said the benefit given to all of the Commission seems to be lacking a certain element of equity. Mayor Pro Tem Matson felt the City Attorney needs to look at the legality of this. Mayor Taylor did not consider this self-serving because health insurance is offered to the Commissioners. He felt Commissioners are different from normal City employees because they are elected for a two year period and do not buy into a long term health insurance program. He pointed out that if Commissioner Jaskiewicz dropped out of her insurance policy for the time she serves here, she will not be able to get back in at the rate she has earned. He thought this was innovative to save the City almost 50 percent of the cost. He also felt this was guarding the pocketbook of the taxpayer. He did not consider this abuse of power. He 15 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 did not feel any further research was necessary. He saw nothing illegal about this. He felt it was a smart business move. Attorney Cherof felt part of the dilemna that the City Manager finds herself in is that there is no specific policy dealing with this situation. Therefore, it became an administrative decision on her part. He stated that it may be prudent to get a consensus on which way the Commission wants to go with this issue and then to implement that consensus by way of a written policy so that in the furore there is no misunderstanding about who it applies to and what the fact situation is that would trigger payment or partial payment. Vice Mayor Bradley asked if City Attorney Cherof foresaw any legal problems or implications with this sort of policy. City Attorney Cherof was not aware of any; however, he has never researched this point. He sees a problem with approving a payment specific tonight for one or more Commissioners because then it would become a single Commission or Commissioner issue as opposed to a general policy of the Commission. That is not to say that it could not go forward, but the Commissioners who are affected by it would have to abstain from voting on it this evening because it would result in a f'mancial gain to them. Whereas if you defer and adopt a policy that impacts the Commission as a whole, and future Commissions as well, there is no such prohibition as far as he knows. He suggested allowing him and administration to draft a policy and bring it back at the next Commission meeting for formal approval. Mayor Taylor suggested that a policy be drafted for the Commission to either approve or disapprove. He felt Commissioners should be allowed to have their health insurance picked up by the City as long as it is not over the amount paid for an employee. The rest of the Commission agreed, except for Mayor Pro Tem Matson. Be Approval of names for Visions Steering Committee and selection of names for vacant positions Mr. Robert Hill, President of Bethesda Memorial Hospital, referred to Sarah Shannon's memorandum, dated September 27, 1995, to the City Commission. He advised that Ms. Shannon, Robert Taylor, and he took all the names that were recommended by the Commission at their workshop and plugged them into specific categories to make sure we got the proper cross section. They were able to place a majority of the people who were recommended. The business category should comprise at least 33 percent of the Steering Committee, but only two names were submitted. They needed three additional business people, preferably one being a minority business owner. Also, in the 16 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 Homeowner/Neighborhood Association category, they liked Mayor Pro Tem Matson's recommendation that somebody from Citrus Glen/Meadows, preferably a young, working person, be appointed to the Steering Committee. Mayor Taylor asked Mayor Pro Tem Matson if she could suggest someone from Citrus Glen. Mayor Pro Tem Matson said she had suggested Mel Sternback, who is a fairly young retiree. She said he is the only person she suggested in her district and she would like him on the Steering Committee. Mayor Taylor pointed out that he is retired, and we already have that category pretty well covered. He stated that the reason we need somebody younger is because we do not want the Steering Committee heavily weighted with retirees. Mayor Pro Tem Matson suggested appointing Jonathan Dwork. She said he is verbal, not argumentative, and knows all the issues pertaining to that area. She felt very strongly that since Citrus Glen is one of the communities in the City that is most heavily impacted by a lack of vision, that somebody from that community needs to be on the Steering Committee. Mr. Hill desired to have a 35 to 45 year old working professional from this area. He pointed out that this is a young professional residential area and he wanted someone to represent their viewpoint.. Commissioner Jaskiewicz suggested two young business people from the north section of the City. Both are in the accounting field. One is in the newly formed homeowners' association on the other side of Village Royale and the other one is east of Federal Highway. Mayor Taylor suggested appointing Art Matthews as the minority business person. Vice Mayor Bradley and Commissioner Jaskiewicz agreed. Commissioner Rosen suggested Roy Fraker. Mayor Pro Tem Matson pointed out that he does not live in the City. Commissioner Rosen advised that he has a business in the City. Mayor Pro Tem Matson stated that there are already three people on the Steering Committee who do not live in the City. She felt very strongly that the people on the Steering Committee should be City residents. She stated that people outside of the City can be part of Assembly. Mayor Taylor agreed with Mayor Pro Tem Matson. He wanted to see a very high majority of City residents on the Steering Committee. Mayor Pro Tem Matson advised that Beth Dolahan from the Board of Realtors recommended Howard Solomon, who is a realtor and lives in the Meadows. He is 51 years old and is not 17 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 retired. The Commission agreed to put him in the Meadows slot and Art Matthews in the business slot. Mayor Pro Tern Matson noticed two bankers (Kim Lovell and Linda Szatmary) were suggested for the business slot. She stated that they live in the western area, not the City limits. Mr. Hill stated that we were bascially looking for a female business person. Vice Mayor Bradley felt Ginny Foot, who is a business owner and a resident of the City, would be an asset to the Steering Committee. The Commission agreed. Mayor Pro Tem Matson suggested Jim Darst and Dave Showalter, who are both bankers and City residents. The Commission agreed to appoint Jim Darst of Banyan Bank. Mr. Hill stated that Ms. Shannon, Mr. Taylor, and he will contact the people on the list to see if they are willing to serve on the Steering Committee. Mr. Hill thanked the Commission for the opportunity to serve in this capacity. He advised that Mr. Taylor and he are very excited about working with Ms. Shannon and this group of people. He stated that being a major employer and a resident of Boynton Beach for many years, there is nothing more important to his home life and business life than the success of the City of Boynton Beach. He is excited about the process and thanked the Commission for their understanding. On behalf of the Commission, Mayor Taylor thanked Mr. Hill for taking on this task. He said it is very good for someone of Mr. Hill's stature in the community to head this up. It takes us out of the political spectrum and puts it back in the community, where we want the drive to come from. We have an abundance of people who are qualified to serve on the Steering Committee; unfortunately, we can only pick 15. He stated that those who were not chosen should not be disappointed because there is going to be room for everybody when it comes to the 100 people needed for the national vision. Mr. Hill agreed. He felt there is room for the political process, and he was excited about working with the political process. He feels it will be a successful venture and he looked forward to the final report. C. Set date for workshop meeting regarding Clipper Cove financing options This workshop meeting was scheduled for Thursday, October 26, 1995, at 4:00 p.m. 18 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 Mayor Taylor took this opportunity to advise that The United Way Building in Quantum Park has enormous conference rooms and the City is allowed to use them any time. He felt this would be convenient when we have workshop meetings where many people attend. Mayor Pro Tern Matson also pointed out that we could use the Community Room in Fire Station 3. D. Sound Wall Commissioner Jaskiewicz said many residents in the Forest Park section of the City contacted her about sound disturbances. She was disturbed that Boca Raton and Delray Beach already have been covered with a sound wall, and it is being done piecemeal in Boynton Beach. Vice Mayor Bradley advised that the DOT has tentatively planned to fill in both the missing gaps on the east side of 1-95. The work on the first part is tentatively scheduled for the middle of 1996. He advised that he keeps bringing this matter up at the Metropolitan Planning Organization meetings. The problem with moving ahead on the east side of 1-95 has created a problem on the west side of 1-95. When you build a wall, the sound hits the wall, bounces off, and makes things worse for the people on the west side. In addition, Golfview Harbour is near a canal, and sound carries over water. Mayor Taylor saw the funding and believes that within the next two years, the east side of 1-95 is going to be taken care of. In fact, some projects were readjusted to move that up. Now the westside residents are complaining. However, the money is already allocated for the next two years. He felt a quicker solution would be to landscape the area with trees, shrubs and a berm because the engineers advised that noise will go over a wall. The residents live so far back on the west side that a wall will not have an affect. However, landscaping would probably absorb the noise. Mayor Taylor advised that public input will be taken at the next four MPO meetings. Commissioner Rosen did not think it would correct the situation if they put up a west wall facing an east wall. He felt that Mayor Taylor's suggestion of the foliage is much more practical. In response to Mayor Pro Tem Matson, Vice Mayor Bradley stated that if you live more than 175 feet from the wall, the wall makes no difference. He alSo felt landscaping was the solution. 19 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 Xe LEGAL A. Ordinances - 2nd Reading - Public Hearing 1. This item was left on 2. This item was left on B. Proposed Ordinance No. 095-28 Re: Land Use Amendment - Lake Worth Christian School ............ TABLED UNTIL OCTOBER 17, 1995 the table. Proposed Ordinance No. 095-29 Re: Rezoning - Lake Worth Christian School ..................... TABLED UNTIL OCTOBER 17, 1995 the table. Ordinances - 1st Reading 1. Proposed Ordinance No. 095-37 Re: Community Design Plan change - overhead doors fronting on streets Attorney Cherof read Proposed Ordinance No. 095-37 by title only. Motion Mayor Pro Tern Matson moved to approve Proposed Ordinance No. 095-37 on first reading. Vice Mayor Bradley seconded the motion. motion carried 5-0. C. Resolutions 1. A roll call vote was polled by the City Clerk. The Proposed Resolution No. R95-157 Re: Authorize execution of billboard removal and relocation agreement...TABLED UNTIL OCTOBER 17, 1995 At Mayor Taylor's request, this item was further tabled until the first regular City Commission meeting in November. 20 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 e Proposed ResolutiOn No. R95-165 Re: Authorize the request of the Lake Worth Drainage District to permit the installation of the South Central Regional Wastewater Treatment and Disposal reclaimed water effluent lines within the L-28 Canal right-of-way, waiving the use fees City Attorney Cherof read Proposed Resolution No. R95-165 by title only. Motion Vice Mayor Bradley moved to approve Proposed Resolution No. R95-165. Commissioner Rosen seconded the motion, which carried 5-0. Proposed Resolution No. R95-166 Re: Authorize renewal contract with Blue Cross/Blue Shield City Manager Parker referred to the renewal contract with Blue Cross/Blue Shield. She said this is before the Commission because there is a price change. The price is decreasing and she requested authorization for the Mayor to sign this contract as part of the approval of this resolution. Motion Vice Mayor Bradley moved to approve Proposed Resolution No. R95-166. Mayor Pro Tem Matson seconded the motion. Mayor Taylor asked why the rates are decreasing. City Manager Parker advised that the decrease was due to approximately 30 employees switching over to HMO and Mr. Sugerman's negotiations and comparisons with our premiums from past years. Mayor Taylor commended Mr. Sugerman. The motion carried 5-0. D. Other None. 21 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 XI. UNFINISHED BUSINESS None. XII. CITY MANAGER'S REPORT None. XlII. OTHER None. IX. ADJOURNMENT There being no further business to come before the City Commission, the meeting was adjourned at 8:50 p.m. ATTEST: City'Clerk "' Recording Secretary (Two Tapes) CITY OF BOYNTON BEACH Commissioner 22 THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. GR~DY W. SWANN, FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER CO IV ISSION OCT ~ APPRO¥'AL SOFTWARE INSTALLED ..................................... Meter Reading Equipment Pay From W & S Rev Fund -- 401-334-5-670-01, $15,000.00, 401-334-5-670-02, $12,216.00 $ 27,216.00 COMMiSSiON OCT ,~ APPROVAL 'III. CONSENT D. cc: ReC, Util, Finance CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS OCTOBER 2, 1995 e FLORIDA LEAGUE OF CITIES, INC ........................... $ 366,715.00 Annual Workers Comp, Liability, Property Self Ins Premium Pay From Self Ins Fund -- 622-195-5-447-00 INSITUFORM SOUTHEAST, INC ............................... $12,162.00 P.O. 10238. Sewer Reconstruction Pay From W & S Rev Fund -- 421-000-0-691-21 PRIDE OF FLORIDA FURNITURE ............................. $12,400.85 P.O. 10330. Chassis/Cab Installation Pay From Veh Serv Fund -, 501-000-1-477-60 REED LANDSCAPE ........................................... $16,000.00 P.O. 10351. Landscape Project/NE 12th & 13th Ave Pay From Federal Grant Fund -- 105-513-5-612-02 ROSSI & MALAVASI ENGINEERS, INC ......................... $13,899.25 P.O. 8861. Miner Rd/Congress Ave Project Original Contract Change Orders Adjusted Contract Payments To Date Current Payment Contract Balance 46,945.00 10,550.00 57,495.00 23,472.50 13,899.25 20,123.25 Pay From Misc Trust Fund -- 691-000-1-473-74 SCRWTD BOARD ............................................ $107,696.64 Alka Pro Sys, Reuse Sys Design, Truck Pay From Util Fund -- 404-000-0-691-20, $66,624.90, Pay From 1990 Const Fund -- 409-000-0-691-20, $39,103.49, Pay From W & S Rev Fund -- 401-353-5-699-00, $1,968.25 SCRWTD BOARD ............................................ $ 212,157.96 8/95 User & Disposal Fees From W &S Rev Fund -- 401-353-5-490-09 COM M ISSI ON Pay OCT 2 APPROVAL