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Minutes 12-05-95 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA. ON TUESDAY, DECEMBER 5, 1995, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Matthew Bradley, Vice Mayor Lynne Matson, Mayor Pro Tern 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 Jerry Taylor Mayor Taylor called the meeting to order at 6:30 p.m. B. Invocation - Rev. Hank Ackermann - Boynton Beach Congregational Church Reverend Ackermann offered the invocation. C. Pledge of Allegiance to the Flag led by Vice Mayor Matt Bradley Vice Mayor Bradley led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Rosen requested that Item X.D.1 be moved up on the agenda to accommodate Mr. LaPore's business obligations. This item was'moved to IV.AA. Commissioner Jaskiewicz added Item IX.C.1 (Discussion on reviewing and revising the guidelines for the Nuisance Abatement Board). City Attorney Cherof added Item X.D.3 (Estate of Don Jaeger settlement proposal). City Manager Parker added Item X.D.4 (Request authorization to submit additional grant for historic school). MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, '1995 2. Adoption Motion Mayor Pro Tem Matson moved to approve the agenda as amended. Commissioner Jaskiewicz seconded the motion, which carried 5-0. II. ADMINISTRATIVE: A. Appointments to be made Appointment Length of Term ALt EaqaiJ~tLo [:ED_at e IV Matson II Bradley IV Matson IV Matson IV Matson IV Matson IV Matson Mayor Taylor Rosen II Bradley III Jaskiewicz IV Matson Mayor Taylor Rosen II Bradley III Jaskiewicz Bldg. Bd. of Adj. & Appeals Cemetery Board Adv. Bd. on Children & Youth Comm. Redev. Adv. Bd. Code Enforcement Board Adv. Bd. on Children & Youth Adv. Bd. on Children & Youth Recreation & Parks Board Board of Zoning Appeal Board of Zoning Appeal Board of Zoning Appeal Board of Zoning Appeal Board of Zoning Appeal Board of Zoning Appeal Board of Zoning Appeal Education Advisory Board Alt Term expires 4/96 TABLED Alt Term expires 4/96 TABLED Alt Term expires 4/96 TABLED Reg I yr term to4/96 TABLED Alt 1 yrterm to9/96 TABLED Reg Term expires 4/97 TABLED Reg Term expires 4/97 TABLED Reg Term expires 4/97 TABLED Reg 1 yr term to 1/97 Reg 1 yr term to 1/97 Reg 2 yr term to 1/98 Reg 2 yr term to 1/98 Reg 2 yr term to 1/98 Alt 1 yr term to 1/97 Alt 2 yr term to 1/98 Stu Term expires 4/96 Motion Mayor Pro Tem Matson moved to remove all the tabled appointments from the table. Vice Mayor Bradley seconded the motion, which carried 5-0. Mayor Taylor appointed Nathaniel Weinshel as a regular member to the Recreation and Parks Board, without objections. 2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 Motion Commissioner Rosen moved to table the remaining appointments and approve Mayor Tay[or's appo ntment. Mayor Pro Tem Matson seconded the motion which carried 5-0, Iii. CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting Minutes of November 21, 1995 No additions, deletions, or corrections were made to these minutes. B. Bids - Recommend Approval - All expenditures are approved in the 1995-96 Adopted Budget 1. Award bid [or Annual Supply of Medical Supplies to multiple vendors - This is a joint bid with the City of Delray Beach. The Tabulation Committee recommends awarding this bid to various vendors on a most responsive, responsible Iow bidder per-item basis. 2 Approve extending contract with Paramount Vending Companies to maintain the vending machines throughout City locations Paramount Vending Companies has provided the City with vending service for two years in a satisfactory manner, and has agreed to a Two-year extension, The bid has expired, but according to the Terms and conditions, we have the option to renew'the bid for an additional two years provided both parties agree, Purchasing is req Jesting approval of a two-year extension for the bid to Paramount Vending Companies of Pompano Beach, Florida. 3. Approve renewal of local manpower maintenance contract for the Martin Luther King Boulevard target area As outlined in a memorandum dated October 31, 1995, from Lana Koester to City Manager Parker, on August 2, 1994, the Commission approved that this project be awarded to Best Lawn Care BLC/ Maintenance, the only vendor submitting a proposal. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 During initiation of the program, the City received grant funds to improve the target area. However, in order to qualify for funding, ti~ere was a st~ pulation that "local" manpower be used to maintain the clean-up of the target areas. Mr. David Drayton, owner of BLC, has been very successful in working with the community participants in maintaining the target area. To date, Mr. Drayton has established a certain rapport with the area residents and business owners, encouraging them to participate by working in the community. Purchasing requests Commission approval to extend this contract for one additional year. The contract period will run from August 2. 1995 througn August 1, 1996, and $31.878 has been budgeted in Account #431-341-5-499.07. C. Resolutions Proposed P. esolution No. R95-190 Re: Authorize execution of amendment between the City of Boynton Beach and the Department of Environmental Protection to extend the construction completio~ date for the Downtown Mangrove Park project Proposed P. esolution No. R95-191 Re: Authorize execution of agreement between Palm Beach County and the City Boynton Beach for _'oint project participation/funding in construction of Woolbright Roa~ and Congress Avenue intersection for water/sewer relocations Proposed Resolution No. R95-192 Re: Authorize execution of agreement between the City of Boynton Beach and Lawson & Noble for design and engineering serwces for the Hester Park expansion pro;ect Proposed Resolution No. R95-193 Re: Authorize execution of Special Warranty Deeds for the City's In-Fill Construction Program D. Approval of Bills A copy of these bills is attached to the original set of minutes on file in the City Clerk's Office. 4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 Approval for sole source purchase of a Synthesizer Intelligence Kit and Body Transmitter for the Police Department As outlined in a memorandum dated November 28, 1995, from Lana Koester to City Manager Parker. the Police Department presently owns an e~ght year old high-band receiver with very limited capabilities and is being used regularly 3-4 times a week. With the present equipment, marginal safety measures are being met in routine investigations~ arrests and ~)rosecution of prostitutes, narcotics cases and undercover operations. The new equipment wili be twice as powerful: thereby increasing the signal and extending the distance cover. This provides added insurance for the safety of informants and agents. The budget amount i.s $5.295 ($250 over budgetL The budget account is #001-211-5-690.05. Approval for purchase of replacement parts and equipment for the vacuum filtration process at the East Water Treatment Plant EIMCO Corporation was the manufacturer of filtration equipment and instal led in 1978. TSC Corporation, Tampa Florida. is the sole supplier of EIMCO process equipment. ndividual pr~ ces of the replacements parts are as follows: Vacuum Pump and Motor Control Panel Platform Filtrate Pure p and Motor $30.663 2.187 3,165 7,074 Subtotal If all parts are bought as a total package, a savings of $2,187 will be realized, bringing the total to $40,902. (There will be no charge for the Control Pane[.) It is requested to remain with the original manufacturer for faster replacement parts and installation along with maintaining the existing pump. Funds in the amount of $41,000 are available in Account #421-000-0-690.21. Go Approve Change Orders #2 and #3 for additional work in the East Wing and Police Station by Montgomery Environmental Facilities Management Division Memorandum #95-124 dated November 16, 1995, explains that these Change Orders cover the additional work performed in the East Wing and the Police Station by Montgomery Environmental caused by the discovery of microbial growth in the sheetrock and acoustical panels. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 The work involved the removal and replacement of sheetrock in Room 177 of the Police Station, East Wing Lounge, and Police Locker Room [East Wing), and the additional time to reclean the bath areas. In the Dispatch area of the East Wing, Clayton's testing showed some of the acoustical panels to still have dust and spores after the required cleaning. Due to the density of the Fiberglas and stains on the material, Clayton required their removal. H. P~elease of Unity of Title - Shed Remova] at 146 SE 26th Ave As outlined in Building Division Memorandum No. 95-420 dated November 30. 1995, from William Hukill to City Manager Parker, the owners of the subjec[ property nave notified us 'n writing that they will remove the shed on subject property within 60 days, and acknowledged that fines for noncom pliance may start at that time if the shed is not removed. Motion Commissioner Jaskiewicz moved to approve the Consent Agenda. Mayor Pro Tern Matson seconded the motion, which carried 5-0. IV. ANNOUNCEMENTS & PRESENTATIONS: AA. Code Enforcement Lien Reduction for Ritz Camera Scott Blasie, Code Enforcement Administrator, advised that Ritz Camera, which is located in the Boynton Beach Mall, was cited for doing work they were not originally licensed for. They were originally licensed for retail. During their tenure at the mall, they started developing film. This violation was discovered by a fire inspector. This required environmental review and a license amendment with the City. The Code Enforcement Board imposed a fine of $25.00 per day. At their last Code Enforcement Board hearing, the Code Enforcement Board unanimously recommended reducing the fine to $365, which amounts to half of the administrative costs. John LaPore of Ritz Camera stated that as a retailer, he was not given enough information when he took this job on himself. The general contractor went out of business, so he became the general contractor and had to do all the work. He made a mistake in hiring someone who was not licensed by this County and that led to things snowballing. He is now in compliance with all the licenses and permits. 6 MINUTES REGULAR CITY COMMISSION MEETING BO,YNTON BEACH, FLORIDA DECEMBER 5, 1995 Commissioner Rosen said each time Mr. LaPore went to City Hall, he was given a specific task to accomplish, which he did. Each time he finished one task, he was given another. This happened four times. As a result of this. administration will create a checklist for people like Mr. LaPore so they know beforehand what has to be done. Mr. LaPore said that would be very beneficial. Commissioner Rosen mentioned that Ritz Camera supplied 60 cameras for the youth of this City for two consecutive years to engage in a photo contest. In addition, of all the businesses that were solicited for the Centennial, the only response we received was from Ritz Camera. Mayor Pro Tem Matson said quite frequently people who are flagrant violators of ou~r City Codes come before Code Enforcement and their fines have been waived, even after they had thumbed their noses at us. She had a problem even with the reduced fine in this case because this is somethi ~g that was done unknowingly and unwittingly, and Mr. LaPore has made an effort all along to come into compliance. She felt we need to be lenient in this case because Mr. LaPore is trying to do business within the City and has helped the City on various projects. She asked the Commission t(~ consider lowering the fine further. Commissioner Rosen suggested lowering the fine to zero. Motion Commissioner Jaskiewicz moved to lower the fine to $200.00, but then withdrew her motion. MOtion Commissioner Rosen moved to reduce the fine to zero. Mayor Pro Tern Matson seconded the motion. Commissioner ]askiewicz asked if the cost of filing the affidavit was covered by the $200 paid by Mr. LaPore. Mr. Blasie answered affirmatively. Mayor Taylor felt this was one of those instances where we sometimes assume people know certain things when they come to the City for various permits and applications. He said this is where staff can take the initiative and not assume people know what to do. The motion carried 5-0. 7 MINUTES REGULAR CITY COMMISSION MEETING BOyNTON BEACH, FLORIDA DECEMBER 5, 1995 A. AnnOuncementS: Special City Commission Meeting and Public Hearing for 45' height limit Thursday, December 14, 1995, at 4:00 p.m. - City Hall Commission Chambers Mayor Taylor made this announcement. He advised that this wil be the third and final public hearing on this issue. Police Chief Candidate Interviews - December 5, 1994 - 8:30 a.m. to 4:30 p.m. - City Commission Chambers Mayor Taylor made this announcement. He said there will be interviews going on throughout the facility; however, the one that is open to the public will be held in the Chambers. Each candidate will be g~ven 45 minutes, and the public is welcome to listen. 3. Holiday Parade -December 10, 1995 - 3:00 p.m. Mayor Taylor made this announcement and invited everyone to watch the parade. Vice Mayor Bradley announced that after the parade, you can get your picture taken with Santa Claus at the playground site to raise funds for the playground. There will also be snacks and crafts. B. Presentations: 1. Service Awards to City Employees: City Manager Parker thanked the City employees who have put ~n many years of service with the City. She said without their dedication and hard work on a day to day basis, she and her staff would not be able to do their jobs very effectively. She appreciated all their hard work. She and Mayor Taylor presented the following employees with awards: 25 Years of Service Virginia Farace. Library Director Ms. Farace thanked the Commission. all the prior Commissioners the City residents, and the very best library staff in the State for making this 25 years so wonderful. She looked forward to many more years of serving the community. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 20 Years of Service William Galbraith, Police Lieutenant Mark Law, Deputy Utility Director Anne Smith Secretary- Police Department Ellen Mancuso, Librarian Rodney Vicki, Firefighter 15 Years of Service Roger Cash, Police Detective Joyce Coste[Io. Administrative Assistant - City Manager's Office Anthony Dolphin - Firefighter Regina Hilpl, Clerk - Library Robert Kenyon, Deputy Utility Director Cathleen McDeavitL Administrative Assistant - Recreation Dept. Sue Phillips, Computer Operator- ITS Eddie Roberts, Jr., Equipment Operator - Sanitation Department Georgene Schwerin, Kennel Maintenance Worker - Animal Control 10 Years of Service Joanne Andrews, Clerk - H uma~ Resources Warren DeLoach. Plan Check Inspector - Building Department Samuel Diilingham, Electrical Inspector - Building Department Norman Douglas, Electrician - Utilities Department Elizabeth Fullerton Administrative Assistant - Library Estelle Gonzalez, Library Assistant Lynn Hays, Plan Review Analyst- Building Department Raleigh Jenkins. Recreation Worker - Recreation Department Scott Laakso, Police Officer Richard Limaruo, Firefighter Peter Mazzella. Assistant to Utility Director Melvin Pinkney, Water Plant Operator - Utilities Department James Prestinari, Police Officer Aurelio Rodriguez, Police Officer Lillian Rossi, Clerk - Code Enforcement Division Richard Stone. Utility Maintenance Mechanic - Utilities Terrence Turner, Police Officer City Manager Parker again thanked these employees for all their dedicated years of service. 9 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 Presentation of Award of Financial Reporting Achievement to Mary Munro, Budget Analyst City Manager Parker stated that every year the City is required to complete an annual audit. For the year ended 1995 we completed our audit and received an award from the Government Finance Officers' &ssociation on behalf of Mary Munro. our Budget Analyst. She and Mayor Taylor presented Mrs. Munro with a plaque (Certificate of Achievement for Excellence in Financial Reporting presented to the City of Boynton Beach Florida, for the annual financial report fiscal year end September 30, 1994), along with a Certificate thanking her for all her hard work and dedication on completion of the audit. Presentation of Gold Brush Award to Marvin Greenhut for the removal of graffiti and his commitment towards the City of Boynton Beach Mayor Taylor stated that in December of 1994, durir g a conversation with Police Chief Thomas Dettman, Mr. Greenhut expressed concern over the increased graffiti activity occurring ir Boynton Beach. This discussion led Mr. Greenhut to take it upon himself to eliminate the graffiti problem. A program was implemented by the Code E ~forcement Unit. wno worked closely with Mr. Greenhut and supplied the necessary equipment and gathered follow-up evidence from the Police Department. The program has been expanded as a result of Mr. Greenhut's dedication. The subsequent publicity of his success nas spurred others to step forward to contin ae the fight to keep our City free from graffiti. On behalf of the City of Boynton Beach, it was Mayor Tay[or's honor to present Mr. Greenh ut with the Gold Brush Award in appreciation for his efforts at graffiti removal. He said this award is from the Commission, staff, and every citizen of Boynton Beach. Mr, Greenhu~ thanked everyone. He said he walked in the Chambers about a year ago, very upset and angry. At that time, he told Chief Dettman that people are getting the impression from seeing graffiti in the City that we are a gang infested City, and that this affects peoples' desire to move here or open a business here. Chief Dettman challenged Mr. Greenhut to take on the job and arranged for him to have some paint. With cooperation from Scott Blasie, Chief Dettman, and others. Mr. Greenh ut kept painting over the graffiti as quickly as it was put up. Eventually the problem was licked. He said he did not find much gang graffiti, and that this is a very clean and wonderful City to live in. Mayor Taylor stated that this is a perfect example of how one person can make a difference about something that affects the entire community. ]0 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 V. BIDS: None. VI. PUBLIC HEARING: Project Name: Agent: Owner: Location: Description: Miner Road ............. TABLED TO DECEMB ER 19, 1995 Richard Harris for Condor Investments of Palm Beach County City of Boynton Beach Road between High Ridge Road and 1-95 ABANDONMENT: 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: No one in the audience wished to address the Commission. VIII. DEVELOPMENT PLANS: Project Name: Papa John's APPLICANT REQUESTED TO BE TAB LED UNTIL DECEMBER 19, 1995 Agent: Interplan Practice Ltd. Ow~ er: Papa Johns USA Location: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard Description: LANDSCAPE APPEAL: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars. Bo Project Name: Papa John's APPLICANT REQUESTED TO BE TABLED UNTIL DECEMBER 19, 1995 Agent: Owner: Location: Description: Interpla~ Practice, Ltd. Papa Johns USA Northeast corner of N.W. 7th Court and Boynton Beach Boulevard NEW SITE PLAN: Request for site pla~ approval to ]] MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 construct a 1,142 square foot take-out pizza store on .22 acres IX. NEW BUSINESS: A. Items for discussion requested by Vice Mayor Matt Bradley 1. Discussion on boat canopies Vice Mayor Bradley said a couple of residents are present this evening to speak about this item. He referred to the minutes in the back up material which described some of the discussion that has gone on regarding docks and canopies. I~ his opinion, the issue boils down to a couple of issues as follows: (1) The legal situation that the City finds itself in when these structures are either partially or completely in the City's right-of-way. This issue relates to three kinds of structures-structures t:qat exist today and are not permitted, structures that exist today and are permitted, and structures ti~at are yet to be permitted. (2) Aesthetics - The fear that if you live o~ the water and a neighbor of yours puts up a structure, it will obstruct your view down the canal. Vice Mayor Bradley felt there should be an ordinance allowing boat canopies. He felt it would be an improvement and add to the value of properties. Julio Rodriguez, 3855 South Lake Drive, said when he purchased his house, his intentions were to have facilities to access and enjoy the water. He has a dock that needs repair. He is allowed to rebuild his dock. but he cannot put a canopy over iT to protect his investment, which is a ski boat. His efforts are to improve his property, the appearance of his property, and the value of his property, and have easy access to enjoy the lake. He said he has discussed this with his neighbors on either side of his house, and they have no objections. He plans To make it to Code or better, and did not foresee any problems with the structure or danger. The dock is going to be 90 percent on his property. With regard to blocking his neighbor's view. he pointed out that he would be entitled to put a row of trees on that site and totally block his neighbors' view of the lake. and that would not be a Code violation. He also pointed out that these docks have been around for 15 years and there have been no problems. ]2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 Troy Ennis, 3535 South Lake Drive. is a marine contractor and has built numerous boathouses with roofs and canopies, but not with sides. He said the main objective for everyone is to have something in their backvards to protect their boats and have easy access to the waterfront. He stated that they are paying a higher market value for the property. He said there are established practices for doing these types of structures properly through all the different agencies. There are certain rights-of-way, such as Lake Worth Drainage, where these structures are not allowed. However, that affects a small percentage tabout 10 to 15 percent) of the waterfront owners. The other owners own out into the canal right-of-way. The actual platted property is into the right-of-way, or their property abuts a C ty-owned r ght-of-way or a County~owned right-of-way In these areas, Lake Worth Drainage does not have jurisdiction. In the past. it was acceptable to bull d boathouses within this area, as long as they met setbacks and did not obstruct access to the waterway. He said there is no reason that boathouses cannot be built safely. City Attorney Cherof commented briefly about the liability issue that Vice Mayor Bradley referred to. The concern is that some of these structures are either in all or part of a City right-of-way or easement, n theory, that would create a liability issue for the City, which we have dealt with in the past by requiring the property owner to provide a Certificate of Insurance or an ~nsuran ce binder, indicating that the City was added onto tt~e policy as one of the named nsurers. There has been sore e discussion in the past about substituting an nsurance binder with eith er a letter of indemnity or a hold harmless agreement, neither of which would rise to the strength of an insurance binder, which can only be cancelled with notice to the City. Mayor Taylor asked about the City right-of-way along the canal. City Manager Parker said many times the canal itself is City right-of-way. From the center line of the Canal, the City would own a certain number of feet on either side, which would overlap onto the shoreline. Therefore, the property owner's rear lot line does not go to the water line itself. It would go about five or ten feet short. The City right-of-way comes from the canal bank up tothe property. The main issue with the canopies in October of 1994 was that the Building Official at that time deemed thata boat dock with a top was a boat shelter as an accessory building and, as an accessory building, it had to meet the setbacl~s (three feet from the rear and side property lines). However, you cannot have a dock that needs a three foot setback because it would be out of the water. Therefore, at this point, under the direction of the previous City Commission, staff is permitting docks, but no~ canopies. Mayor Taylor felt that people buy property that abuts a canal or lake for access to the water. If they have a boat, they want to p~otect it. Even if they do not have a boat, they might want to sit on the dock and fish. In Florida, the temperature reaches 100 degrees, and a canopy would provide shade. He did not think a dock becomes a bu!lding once you 13 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 cover it. He felt that was stretching common sense. He did not think the average person who lives on the water would be offended by this. William HukilI, Director of Development, agreed that it would not be an accessory building. He was not the Building Official at that time. but he recalled there being discussion about the visual obstruction that canopies would create. The decision of the Commission at that time was that we would attempt to work out site agreements with the other agencies who oermit docks, South Florida Water Management, Lake Worth, and Palm Beach County, all of whom have water in Boynton Beach, and all of whom could issue permits. The Commission came to the conclusion that docks would be allowed under certain conditions. Mr. H ukill said if the dock can sit in the setback, and he believed it can, thata canopy could sit in the setback. However, t:qe overriding issue that he had heard was that a series of canopies would block the view of the neighbors when you have relatively narrow lots and narrow canals. There were also some concerns about hurricane requirements for existing canopies. Mayor Taylor pointed out that people have eight foot fences, trees, and screened pools that obstruct visibility. City Attorney Cherof recommended that if the Commission decides canopies are an acceptable configuration over docks, it should be codified so that we do not have a situation where each time the Building Official changes, we get a different interpretation about what it is an accessory structure and what is not. In addition, it would be much easier for Mr. Hukil['s staff to find the parameters in the Code book than to make a case by case interpretation as to whether it is legal or not. Commissioner Rosen felt this should be conditional. City Manager Parker advised that the previous Commission decided that no canopies would be allowed under a new permit, and the existing canopies would be grandfathered in if the dock itself was grandfathered in as safe or in good repair. Therefore, if you have a dock and it has been inspected as safe and in good repair, and it has a roof on it, you would be issued a Certificate of Completion. Mayor Pro Tem Matson was in favor of a conditional use, but not a blanket approval. City Manager Parker pointed out that this would mean that if you came in for a canopy permit tomorrow, you would have to wait two weeks to get on the City Commission agenda and have your permit reviewed by the City Commission. She pointed out that the City Commission does not review building permits. Vice Mayor Bradley stated that the 14 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 Commission would then become the arbitrating factor in neighbor disputes. He did not think the Commission should play that role. Mr. Ennis said he is a licensed contractor througn the State of Florida and deals with many municipalities. He advised that there are many ordinances established that deal with these issues. Commissioner Jaskiewicz suggested reviewing other cities' ordinances. Mayor Pro Tem Matson agreed. City Manager Parker advised that such a study nas been done and she would be happy to provide that to the City Commission. t seemed to Mr. Hukill that this is a policy issue and the Commission needs to decide if t~ey want canopies on boat docks. If so. there would be regulations that would apply, and staff could put together all the necessary information. Motion Vice Mayor Bradley moved to direct staff, including the City Attorney and City Manager, to put together an ordinance that wou d allow for canopies on boat docks, and bring it back to the Commission for discussion and a vote. Commissioner Jaskiewicz seconded the motion, which carried 5-0. B. Items for discussion requested by Commissioner Sid Rosen 1. City Hall in the Boynton Beach Mall Commissioner Rosen read from his November 30. 1995 memorandum to the City Commission. which states as follows: "As the City's population continues to grow in a westerly direction, the city government is increasingly challenged to find means to make our services and information more readily accessible to "the westerners." A positive step in that direction is to create an auxiliary point of contact for these citizens and facilitate the lines of communication. '!Some other Florida municipalities are now expanding their available services to other parts of their cities by introducing the "City Hall at the Mall," and most successfully. These cities are St. Petersburg, Clearwater and Coral Springs. "This concept involves cooperation by mall managements in providing either store space or a center aisle kiosk for cities to offer services such as: City government employment opportunities; descriptive brochures and directories; general MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 information; and visitor center materials and handOuts. Another important service Would be a drop off point for people paying utility bills and obtai.ning licenses for golf and beach use. "This service center could provide the opportunity for City officials and department heads to interact with residents and bring them closer to city government. City events and fund raising efforts could be displayed prominently and effectively. "Boynton Beach Mall seems a likely choice for a City customer service center because of its location and high volume of people who use the mall daily. I nave discussed briefly the possibility of such a service center with the mall management, and the initial reaction was favorable. Many malls waive any fees or rents for governments, and I believe this would be the case with Boynton Beach MalL" City Manager Parker stated that if the Commission is interested in pursuing this matter, staff will have to research it further to provide the Commission with some options and costs. The Commission would also have to decide what level of service they want to be provided. She pointed out that this can be as small as a computer terminal at the mall, or as large as a fully staffed center. She stated that the mall has indicated that they would probably provide the space rent free, but she had no other cost inform ation yet. Vice Mayor Bradley said this is the best idea he heard a year and thanked Commissioner Rosen for bringing it forward. However, he would like to learn more about it. He felt it was a great way for the City residents to interact more with staff, and that it is a great public relations tool. Mayor Pro Tem Matson felt the concept is good, but would like to see the cost analysis because we did not budget for any new staff for City Hall at the Mall. She would like to know how we are go ng to shuffle peop e around and where the money is going to come from. Commissioner Jaskiewicz said perhaps some of the members of the City advisory boards would like to volunteer and be involved in this. There was a consensus of the Commission to pursue this matter and ask staff to bring them back some cost estimates and options. Mayor Taylor suggested approaching the County to see if they would be interested n participating and sharing in the cost. James Miriana. 728 N.E. 8th Avenue, felt this is contrary to what we are trying to do. which is to redevelop and bring people downtown. He felt this would draw a substantial amount of people to the mall. not to downtown. ]6 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 Mayor Taylor said people will still go to the mall. and it would be convenient for them if they could pay their utility bills there. Also, this will allow people to find out what is going on downtown and get them to come to the events. C. Items for discussion requested by Commissioner Jaskiewicz 1. Review of Revision of the Nuisance Abatement Board Commissioner Jaskiewicz pointed out that we have not been utilizing this board. She suggested reviewing the criteria and the duties of the board and revising them so that we can utilize this board. She said she mentioned this to City Attorney Cherof and he started surveying other districts to see how they utilize their ~ uisance abatement boards. Commissioner Jaskiewicz suggested scheduling a meeting in the very near future with the members of our Nuisance Abatement Board. She said they might be able to give us some ideas on how we could utilizetheir services. She hated to see this much talent wasted. The Commission was in agreement with Commissioner Jaskiewicz. She will contact the Chairperson of that board to get a couple of possible meeting dates. X. LEGAL: C. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 095-43 Re: Abolishment of Board of Adjustment City Attorney Cherof read Proposed Ordinance No. 095-43 by title only. Mayor Taylor opened the Public Hearing. Ben Uleck, 1507 S.W. 17th Avenue, is a member of the Board of Adjustment. He asked the Commission why they want to abolish this board. He said the residents of this City elected the Commission to represent them, not to run them. He said the purpose of all the boards is to prevent the Commission from having too much power~ Commissioner Jaskiewicz stated that the Commission is only abolishing this board to make it more efficient. The Commission is not actually doing away with it. The guidelines are being changed a little. The members of the Board of Adjustment can apply to be on the new board. ]7 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 Mr. Uleck asked if the Commission will now have the power to override the Board of Adjustment's decisions. Commissioner Jaskiewicz explained that the applicants would have an opportunity to appeal to the Commissio~ rather than going to the court. Mayor Pro Tem Matson added that we are making the board more efficient, streamlining it, and still allowing everybody due process. However, instead of spending money to go to court, the Commission will be the final venue. She felt this would work out better for everybody. Mayor Taylor advised that one reason for this is because five members need to vote in favor of a variance in order for it to be approved and, oftentimes, all seven members of the board are not present. In addition, the only recourse t~e applicants had if their variance was denied was to go to the court and sue the City to get t~e board's decision overturned. The Commission felt like the applicants were seeking variances from people who were appointed, not elected by the people and not responsible to the people, and they could not go to the elected officials to get their points heard. The Commission is trying to give them another opportunity before going to tr~e court to sue the City. Mr. Uleck said Vice Mayor Bradley was very disappointed at one of the decisions of the Board of Adjustment. Vice Mayor Bradley said ne was disappointed because he did not feel like the Board took into consideration the circumstances. He said hardship is a relatively subjective notion. He believed no one would have suffered if that variance was granted, n addition, it would have increased the value of the homes in that area. However, this is a separate issue. The changing of this Board has to do with the problem of the super majority vote. If there are only five members presentr you need a unanimous vote. This did not seem like the democratic process to him. He felt that from time to time. all the processes that any organization does business oy, especially a mum'cipal and governmental organization, need to be looked at. In fact, he believed we should consider Board of Adjustment issues being handled by the Planning and Development Board. He pointed out that ~o~ e of the things that slows things down is that at the Board of Adjustment, if a ~ariance is needed, the applicant needs to go to the Planning and Development BOard, maybe a month later, then come back and have that I~rocessed. He said this would save taxpayer dollars by wot having as many staff people involved. Commissioner Rosen stated that this is not a rubber stamp Commission. The Commission is here to make changes, not because it wants power. If this Commission feels that it can improve on anything that exists in this City, it will make its move in that direction. No one else in the audience wished to address this ordinance. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-43. Vice ~4ayor Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No. 095-44 Re: entitled Board of Zoning Appeals Creating a new board City Attorney Cherof read Proposed Ordinance No. 095-44 by title only. ~4ayor Taylor opened the Public Hearing. James Miriana, 728 N.E. 8th Avenue, read Section H of the new Code, which states: "Any person, including the City Manager, may apply the decision of the Board to the City Commission of the City of Boynton Beach within thirty/30/days after rendition of the decision by the board. The decision of the City Commission shall be deemed final subject only to rewew by writ of certiorari to the Palm Beach County Circuit Court." He objected to this new language because of the political involvement whicn might occur. He said he has seen a Commission abuse its authority to reverse a decision made by the Board of Adjustment. He said he has witnessed elected officials, who have connections with industry, real estate, or for personal reasons, influence a change of a decision, and this was no[ in the best interest of the community. In addition, he pointed out that a block of voters can influence a Commissioner by threatening lack of voter support, He said the Board would protect a Commissioner from public pressure. No one else in the audience wished to address this ordinance. Mayor Pro Tem Matson pointed out a typographical error in Section H. The word "apply" should read "appeal". She asked if this language means that if the Board grants a variance, a neighbor can appeal that decision. City Attorney Cherof answered affirmatively. He said any interested party would have the right to appeal the decision to the City Commission. Mayor Pro Tem Matson pointed out that this means the Commission could be a mediator between all neighbor dispums. City Attorney Cherof said this is the same right that any affected property owner would have right now, except today they take it first to the Circuit Court before they come to the Commission. 19 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 Mayor Pro Tem Matson did not think the City Manager should be bringing appeals to the Commission. City Manager Parker said she would only out appeals on the agenda upon instruction from the Commission. Mayor Pro Tem Matson said this's not how the language reads. City Attorney Cherof explained that the intent of that section was that if a variance was granted that the City's administrative staff felt was so blatantly wrong, that the vehicle to get it to the Commission would be for staff to bring it to the attention of the City Manager, and the City Manager would have the power to bring the matter to the Commission by way of appeal. Mayor Taylor pointed out that "any person" includes the City Manager, The words "including the City Manager" will be deleted because they are redundant. Commissioner Rosen pointed out that the words "board of adjustment" in Section 1, paragraph B.2.c should be changed to "Board of Zoning Appeals" City Attorney Cherof advised that none of these changes would have any affect on the title of this ordinance, and the ordinance can be adopted including those amendments. Motion Comm~ssic ~er Rosen moved to adopt Proposed Ordinance No. 095-44 including the amendments discussed. Vice Mayor Bradley seconded the motion. Vice Mayor Bradley referred to Mr. Miriana's comments, He was not sure that there is good reason to have the Board as a gatekeeping mechanism for the Commi ssioner. He pointed out that there is nothing inherent about this job that is not political. Commissioner Rosen oointed out that it takes the majority of the Commission to approve or disapprove something. City Attorney Cherof stated that if somebody appeals the E~oard of Adjustment's decision under the current process, and takes it to the Circuit Court by writ of certiorari, the control of the case is under the control of the Commission at that point anyway. Like any other lawsuit, it falls to the Commission to decide whether to proceed and defend it, or whether to settle it. Therefore, you are really in the same position anyway. You nave the same power. By eliminating the first step being Circuit Court, you are eliminating the attorney fees and cour~ costs of getting it resolved, which is ultimately going to be resolved anyway. 20 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 Mayor Pro Tem Matson had no problem with people coming to the Commission to make the decision. She pointed out that other boards have been combined in the past. She felt this change would make it easier for the members to function as a Board. A roll call vote was polled by the City Clerk. The motion carried 5-0. Commissioner Jasfi:iewicz had a commitment to speak at a homeowner's association meeting and had to leave the meeting early. Therefore, Item X.D:3 was moved up on the agenda before she left. Motion Vice Mayor Bradley moved to move up X,D.3. Commissioner Jaskiewicz seconded the motion, which carried 5-0. X. LEGAL Other 3. Estate of Don Jaeger settlement proposal Mayor Pro Tern Matson declared a conflict of interest since she is a party to this lawsuit and will fill out Form BB. City Attorney Cherof stated that this item was discussed in an executive session. There were demands that were in excess of the three conditions he outlined in his memorandum. Mr. Henley was seeking somewhere in the neighborhood of $15,000 in fees and costs for his defense of Don Jaeger in the ethics case filed by Michael Mrotek. Also, the Estate of Don Jaeger was intending to puruse the case that they had filed for wrongful discharge against the City, former Mayor Arline Weiner, and Commissioner Matson. This past week, City Manager Parker and City Attorney Cherof formulated a proposal that he made to the Estate through their attorney. Essentially, the Estate would drop out of the equation because they agreed to drop the pending case against the City, Commissioner Matson, and former Mayor Weiner, with prejudice, which means it cannot be refiled. They are abandoning that lawsuit for wrongful discharge. At the same time, although it seems to be in context with it, there is a separate and independent claim that Mr. Henley had brought for representing Mr. Jaeger in an ethics case~ Mr. Henley asked the City to pay his attorney fees. The City refused, and he filed a claim against the Estate. Then the Estate had threatened a lawsuit against the City~ but had 2] MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 never filed one. City Attorney Cherof said he and Mr. Henley discussed settling this claim for attorney fees and costs associated with the ethics case for $12,300. This would be full and complete settlement of all the claims that have been filed or threatened against the City or any of its officials. However, Commissioner Matson is not required to execute a release in favor of the Estate because she wanted to preserve those rights. The three terms of this settlement include: (1) (2) 3) Payment of $12~300 to Mr. Henley; The Estate would dismiss, with prejudice, all of its pending or threatened actions: and General releases confirming the exchange between the parties. Mayor Taylor asked if the third item is acceptable to the other side. City Manager Parker answered affirmatively. She stated that Mr. Jaeger was fount not guilty in the ethics hearing. She explained that he was acting in the capacity as Building Official. and it is the City's policy that if an employee is acting in his official capacity and an ethics case is filed against him. the City will pay the attorney's fees if he is found not guilty. If the em ployee is found guilty, ne has to bear his own attorney's fees. City Attorney Cherof further explained that the City rejected Mr. Henley's initial request because there are formalities in the Code that tell you how you go about retaining separate counsel other than the City Attorney or insurance council appointed by the City, and Mr. Jaeger had not followed that technical process. This compromise was acceptable to the Commission. Motion Commissioner Rosen moved to authorize settlement per the terms outlined in the memorandum. Vice Mayor Bradley seconded the motion, which carried 4-0. Mayor Pro Tern Matson abstained. City Attorney Cherof will draft the appropriate documents to bring this matter to a conclusior~ He stated that part of the basis for the settlement was that the Estate recognized that the lawsuit that Mr~ Jaeger brought against Commissioner Matson, Arline Weiner, and the City while he was alive was not worthy of pursuing. At this time, Commissioner Jaskiewicz left the meeting to keep another commitment. 22 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER S, 1995 B. Ordinances - 1st Reading: Proposed Ordinance No. 095-46 Re: Land Use Amendment - School Board of Palm Beach County (Poinciana Elementary School Project) City Attorney Cherof read Proposed Ordinance No. 095-46 by title only. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-46 on first reading. Vice Mayor Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0. Proposed Ordinance No. 095-47 Re: Rezoning - School Board of Palm Beach County ~Poinciana Elementary School Prc~ject) City Attorney Cherof read Proposed Ordinance No. 095-47 by title only. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-47 on first reading. Commissioner Rosen seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0. 3. Proposed Ordinance No. 095-48 Re: Rezoning - School Board of Palm Beach County (Poinciana Elementary School Project) City Attorney Cherof read Proposed Ordinance No. 095-48 by tide only. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-48 on first reading. Vice Mayor Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion Carried 4-0. D. Resolutions: 1. Proposed Resolution No. R95-189 Re: Authorize execution of agreement between the City of BOynton Beach and the SchOol Board 23 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 of Palm Beach County reference drainage at the Poinciana School project .................................................................................. TABLED City Attorney Cherof read Proposed Resolution No. R95-189 by title only. Motion Mayor Pro Tem Matson moved to remove Proposed Resolution No. R95-189 from the table. Commissioner Rosen seconded the motion, which carried 4-0. City Manager Parker advised that since the last meeting, staff met with the School Board and an agreement was reached. However, the corrections have not been incorporated 'n the agreement yet. She asked the Commission to approve the previous agreement su bjecl to the five conditions outl'ned in Mr. Hukill's memo. dated December 1 1995, which are as follows: 5. Motion The parking area and play area northeast and north of the Wilson building will not be disturbed except to install an underground pipe. A minimum 10-12 foot wide level area will be retained on the west side of the Wi[son building. A 300 foot outfield will be maintained in left and center fields, and a minimum 5' wide level maintenance area will ne provided outside the outfield fence. The School District or its agent will relocate light poles on the ball field prior to the 1996 baseball season. The legal description will be corrected. Vice Mayor Bradley moved to approve Proposed Resolution No. O95-189, with the stipulations read into the record by City Manager Parker. Mayor Pro Tem Matson seconded the motion. Vice Mayor Bradley commended City Manager Parker, William Hukill, Wilfred Hawkins, Mr. Fredericks, and other staff for their efforts in this endeavor. He said there was a lot of work that went into this and a lot of give and take before we got what we wanted. He stated that this is important for the future of this site. Mayor Taylor agreed with him. The motion carried 4-0. 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER $, 1995 Proposed ResolUtion No. R95,194 Re: Authorize execution of Credit Card Application Agreement between the City of Boynton Beach and NOVA Information Systems, Inc., for the Golf Course City Attorney Cherof read Proposed Resolution No. R95-194 by title only. Motion vice Mayor Bradley moved to approve Proposed ResolUtion No. R95~194. Mayor Pro Tem Matson seconed the motion, which carried 4-0. E. Other 1. Code Enforcement Lien Reduction for Ritz Camera This item was dispensed with earlier in the meeting. 2. Update on the Marina development City Attorney Cherof referred to the memo in the agenda package that ties two issues together: I1, the open pending RFP (the sole response that was submitted) which the City Commission has not yet addressed formally; and (2) the pendency of the ordinance on the 45' height restriction. The purpose of his memo was to do two things: (1) to point out that the City Commission still has not formally considered the proposal that was made (to either accept it or reject it); and [2) to point out t~at as you go forward with the height ordinance change, there was a provision of the RFP that the City had drafted and put out which is set forth in detail, word for word. in the body of this memorandum. He remi~ ded the Commission that t~ey invited proposals which highlighted the fact that there was a height limitation of 45', and that no variance would be granted from that 45' height requirement. He said it is unknown what additional proposals would have been made, which would have been responsive to the RFP. had t~at expressed condition not bee~ contained in it. He considered it to be a material provision of the RFP which cannot be waived. Although the Commission has a right to waive certain technical deficiencies in any RFP response, he believed this is one the Commission cannot waive because it is material in nature. If the weight ordinance goes forward, that. in and of itself, would oe a basis for rejecting the proposal made by T & J Equities Inc. and going back to the RFP process. There is a special Commission meeting on December 14 for the second reading and public hearing on the height issue. City Attorney Cherof recommended that the Commission use 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 that meeting to agenda its consideration of the RFP response. At that time. if the ordinance passes, he recomme~ ded that the Commission reject the RFP based upon the change in the height ordinance. If the ordinance does not pass, he recommended that the Commission consider the RFP response on its merits. That is not to suggest that the response is or is not responsive to the RFP itself. He thinks the Commission will have to address that more specifically on the 14th. Mayor Pro Tem Matson asked if we will be able to ask T & J Equities Inc. why they did not corn plete the RFP, who their business partners are. information about their last projects, financial background, etc. on ti~e 14th. City Attorney Cherof said that ordinarily would be the process as you consider whether or not to accept the proposal. Since it is a sole proposal and there are no otb er proposals to rank or compare it to. you would essentially be rankingr accepting, or rejecting that one in and of itself, and you could properly raise all of the issues with respect to whether it was responsive [o what was requested. City Manager Parker stated that regardless of any other outstanding issues, it is not res oonsive if the Commission adopts the ordinance. She said the City Attorney's recom mendation is to send out RFPs anyway. Therefore. if the ordinance is adopted, she recommended that the Commission not put T & J Equities Inc. through a question and answer session at that time. Commissioner Rosen asked about the time frame. City Manager Parker advised that legally, we have to advertise it for a minimum of 30 days. Mayor Taylor directed City Manager Parker to proceed to place this on the December 14 agenda. Vice Mayor Bradley said as the RFP exists today, we would not consider the proposal responsive. The only proposal portion that was responsive is Segment A of the proposal, which is the only one that fits within the parameters of the RFP. City Manager said it is questionable whether or not that fits because the proposal requested a mixed used development, and residential use was submitted. Therefore, it would be up to the City Commission to determine if that was in fact what was responsive to what is wanted on that property. Vice Mayor Bradley said the only parameters that we are to look at, because of our Code of Ordinances, is an application that considers buildings under 45'. City Attorney Cherof said that is true. This item will be placed on the December 14 agenda. 26 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 3. Estate of Don Jaeger settlement proposal This item was dispensed with earlier in the meeting. 4, Request authorization to submit additional grant for historic school City Manager Parker advised that we have recently found that we have an opportunity to apply for some additional money as of Decem her 15 to the Bureau of Historic Preservation for the 1913 school project: The cap on that grant is $50,000. She recommended submitting for $40,000 to fund a portion of the windows for the 1913 school renovation. It was the consensus of the Commission to apply for this grant. XI. UNFINISHED BUSINESS: None. XII. CITY MANAGER'S REPORT: City Manager updated the Commission on a couple of items. She advised that pictures of t~e proposed Ocean Avenue Bridge project are in the Chambers for the Commission to view. Also, she met with DOT this past week to discuss the Boynton Beach Boulevard paving situation. At this point, it looks like they will be considering funding about 156 trees, Crape myrtles and Silver Buttonwoods, along the sides. They said the medians we looked at are too narrow for Royal Palms or large trees, and that we would not get the major landscaping impact that we naa hoped for, even with the median situation. We are still working with them to determine what car go into the side chase areas. They said the paver bricks in the intersections, the paver bricks o~ the side, and the trees will be done in 1996, at the same time as the U.S. 1 resurfacing project. Therefore, it will not be part of the current project that is anticipated to be finished in four to six months. The landscaping at the intersection of Boynton Beach [3ou evard and [-95 was let three months ago; however, the contractor has up to t~velve months to start that work. Vice Mayor Bradley inquired about the mowing of the medians. City Manager Parker advised that the mowing of the medians is still not settled. At the moment, there is a dispute between the CounTy and DOT as to who is going to be responsible for mowing the medians. All of our medians ~Woolbright, 23rd, and Gateway) are involved. The City 27 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 mowed the medians utilizing its contract crew, but does not have the money budgeted to continue to mow them. She said she sent DOT a letter requesting that they try to resolve this issue. A copy was sent to the County. Mayor Taylor asked who was previously mowing the medians. City Manager Parker explained that the County was mowing the medians on a more frequent schedule than DOT. Somebody cited the County for mowing without a permit, so the County will not mow the medians anymore. Mayor Taylor asked about the dollar amount of the 156 trees. City Manager Parker said it is about $140,000, excluding the irrigation. Mayor Taylor asked if the irrigation is our responsibility. City Manager Parker said, "No." .She explained that they are going to do that as well. She said we are up to about $190,000. Vice Mayor Bradley pointed out that they did not guaranty that they were going to pay all of that. City Manager Parker agreed that they did not guaranty that. City Manager Parker reported that the Sergeants and Lieutenants Union declared impasse with us today. They have waived special master and are coming directly to the City Commission for resolution of their union disputes. There are only two items outstanding and we will be putting those on the next agenda if we can get everything finalized by then. XIII. OTHER: None. 2g MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1995 XIV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting was adjourned at 8:39 p.m. CITY OF BOYNTON BEACH l~layor ATTEST: C~'t~lerk Recording Secretary (Two Tapes/ Vice Mayor MayO Pro Tem 29 CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAl, OF BILLS DECEMBER 5, 1995 Daily Landfall Use/Street Sweeper Pay From Sanitation Fund -- 431-341-5-490-01, $ 87,678.00 Pay From Gen Fund -- 001-411~5-490-01, $294.00 ROBERTS & REYNOLDS p A ' ................................... $ 40,704.91 Professional Services For Risk Management Pay From Self Ins Fund -- 622-195-5-468-00 THE BILL S HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. GR~Y W. SWAN'N, FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. COMMISSION APPROVAL CARRIE PARKER, CITY MANAGER