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Minutes 07-19-94 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS~ CITY HALL, BOYNTON BEACH, FLORIDA, OM TUESDAY~ JULY 19~ 1994, AT 6:30 P. M. PRESENT Edward Harmening, Mayor Lynne Matson, Vice Mayor Matthew Bradley, Mayor Pro Tem Jose Aguila, Commissioner David Katz, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I, OPENINGS A, Call to Order B, Invocation C, Pledge of Allegiance to the Flag Mayor Harmening called the meeting to order at 6:30 P. M. of the Ascension Lutheran Church delivered the invocation. Allegiance to the Flag was led by Mayor Pro Tem Bradley. Pastor Bob Kompelien The Pledge of D, Agenda Approval 1, Additions, Deletions, Corrections Commissioner Aguila referred to Item XI.A and stated that he did not ask for Augy's Restaurant to be reconsidered. He said he asked that it be further discussed. He moved this item to VIII.C. Vice Mayor Matson stated that she seconded Commissioner AgUila's motion for reconsideration at the July 5, 1994 City Commission meeting because she was not at the June 21, 1994 meeting when this development plan was discussed. Commissioner Aguila stated that the motion was not for reconsideration; it was for discussion. He clarified that he has no intention of reconsidering this site plan under its present format. He is pre-' pared to discuss other options. City Manager Parker pointed out a typographical error. The figure in Item II.D should read $9,756.50 instead of $7,756.50. Under Item III.D, she added payment of a bill to Johnson and Davis, in the amount of $45,307.12. Commissioner Aguila asked if this is final payment. City Manager Parker answered in the negative. She advised that the City is still holding $6,597.88. Commissioner Katz added Item IV.A.6 (Comments about Fire Department). At the request of Lloyd Powell, he asked that Item IV.B.1 be moved up. Mr. Powell and his wife have another engagement to attend. Mayor Harmening moved this item up to II.H. Vice Mayor Matson added Item I×.A.2 (Florida League of Cities Resolution Committee). - 1- MINUTES - REGULAR CITY COHMiSSION MEETING BOYNTON BEACH, FLORIDA JULY 19, 1994 2, Adoption Motion Commissioner Aguila moved to adopt the agenda as amended. seconded the motion, which carried 5-0. II, ADMINISTRATIVE A. Vice Mayor Matson Accept Resignation from Peppl Greco, Regular Member, Community Redeve]ol~ent Advisory Board Motion Vice Mayor Matson moved to accept Ms. Greco's resignation. seconded the motion, which carried 5-0. B, Appointments to be Made Appointment Reg/ To Be Made Board Alt Commissioner Aguila Length of Term Expiration Date II Bradley II Bradley III Aguila II Bradley II Bradley Mayor Harmening II Bradley Mayor Harmening III Aguila II Bradley IV Matson Mayor Harmening I Katz II Bradley III Aguila Education Advisory Board Alt Board of Adjustment Alt Cemetery Board Alt Children & Youth Advisory Alt Library Board Alt Nuisance Abatement Board Alt Education Advisory Board Alt Planning & Development Board Reg Education Advisory Board Reg Senior Advisory Board Alt Children & Youth Advisory Reg Planning & Develoment Board Reg Community Redev Advisory Reg Community Redev Advisory Alt Community Redev Advisory Reg Term expires 4/95 TABLED 2 year term to 4/96 TABLED 1 year term to 4/95 TABLED 1 year term to 4/95 TABLED 1 year term to 4/95 TABLED 2 year term to 4/96 TABLED Term expires 4/95 TABLED Term expires 4/96 TABLED 2 year term to 4/96 TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 4/96 TABLED Term expires 8/95 Motion Commissioner Aguila moved to take the tabled appointments off the table. Commissioner Katz seconded the motion, which carried 5-0. Mayor Pro Tem Bradley appointed Shawne Blair as an alternate member to the Library Board, without objections. Mayor Harme'ning appointed Tom Walsh as a regular member to the Planning and Development Board, without objections. Mayor Pro Tem Bradley appointed Marcia Applebaum as an alternate member to the Senior Advisory Board, wi%hout objections. -2- MINUTES -REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 19, 1994 Mayor Harmening appointed Maurice Rosenstock as a regular member of the Planning and Development Board, without objections. With regard to Commissioner Katz' and Mayor Pro Tem Bradley's appointments to the Community Redevelopment Advisory Board, City Attorney Cherof advised that the terms are for one year, since the ordinance does not specify the renewal term. Mayor Pro Tem Bradley appointed Pam Winters as an altnerate member to the Community Redevelopment Advisory Board, without objections. Commissioner Aguila appointed Chris Reitz as a regular member to the Community Redevelopment Advisory Board, without objections. All other appointments were tabled. Vice Mayor Matson advised the audience that most of these appointments have been tabled because there are no current applicants. She put the call out to the audience and their friends and neighbors who would like to serve the City. Commissioner Aguila referred to the City Clerk's Memorandum No. 94-79 regarding changing the term expiration dates of the Community Redevelopment Advisory Board to April to coincide with the other City boards. At Commissioner Katz' suggestion, the City Attorney will bring back the appropriate changes at the next meeting. C, Replacement of 15 slx year old Club Cars with 15 1995 Electrtc Golf Carts for the Golf Course Pursuant to Memorandum #94-016 from the Golf Director to the City Manager, the replacement schedule for the motorized electric golf cart fleet, as approved for fiscal year 1993/94, projected replacing 15 six year old 1988 Club Cars with 15 1995 Electric Club Cars. Mr. Sciortino requested permission to issue a purchase order to Club Car for these carts for delivery in September. Club Car submitted a written quote of $2,850 per car plus $115.90 per car for options (information holder-S13, ultra-power charger-S27.90, and "Club Protector" rear enclosure (installed)-$75). The trade-in value for each 1988 Club Car is $475. Therefore, the total cost for the replacement of the 15 six year old Club Cars with 15 1995 Electric Golf Carts amounts to $35,625. Commissioner Aguila asked why David Kelly is only giving us $475 back for our carts when Jim Chandler is giving Sebastian Municipal Golf Club $600. Mr. Sciortino explained that our golf carts get a lot more rounds than most other golf courses. Commissioner Aguila moved to approve the replacement of fifteen carts. Commissioner Katz seconded the motion. -3- MINUTES - REGULAR CITY CO)~(ISSION MEETING BOYNTON BEACH, FLORIDA JULY 19, 1994 Vice Mayor Matson inquired about the funding source. Mr. Sciortino advised that this would come out of the Reserve Replacement account. The motion carried 5-0. Request authorization to expend $9,755,50 from the Recreation Revenue Fund to purchase the hardware, software annual maintenance and training for computeriZation of the Racquet Center Pursuant to Recreation and Parks Memorandum No. 94-248, since the initial opening of the Racquet Center, court reservations and the purchase of permits have been processed by hand. The time required to process necessary paperwork has increased significantly, while the number of permit holders and revenues for the Racquet Center have increased annually. Current revenues for the facility exceeds $160,000, and the financial paperwork and reports required to monitor effectiveness of such an operation necessitate computerization. Computerization of the Racquet Center will improve efficiency of the tennis court reservation, pro shop sales, permit purchases and reporting processes. will enhance reporting for membership tracking, marketing and increased reve- nues. It will improve customer service through faster, more streamlined purchase and reservation processes. It No tax dollars are necessary for funding. Computerization and staff training can be funded through the Recreation Revenue {Enterprise} Fund where fees charged for programs and services cover the costs of operating the programs. Outlined below are the costs associated with computerization of the Racquet Center: Hardware - $1,020.00 Software - 2,236.50 Annual Software Maintenance - 1,500.00 Installation and Training - 5,000.00 $9,756.50 Motion Vice Mayor Matson moved to approve this item. Commissioner Aguila seconded the motion, which carried 5-0. E, Authorize purchase of Energy Management System for the Golf Course irrigation pump station Pursuant to his Memorandum #94-023 to the City Commission, the Golf Director had our Cart Facility Energy Management System vendor review our energy bills for our irrigation pump system from June, 1993 to May, 1994. Although we saved $11,822.72 through our own manual system, we would have saved an additional $3,567.24 with their system. He requested permission to purchase their system at a cost of $4,000 with a projected pay back in thirteen to fourteen months. -4- HINUTES - REGULAR CITY COHHISSIOH HEETING BOYHTOH BEACH, FLORIDA ~ULY 19, 1994 Notion Commissioner Aguila moved to approve this item. Mayor Pro Tem Bradley seconded the motion. In response to Mayor Harmening, Mr. Sciortino stated that we have been using little irrigation clocks and when there are power failures and they run fifteen minutes on peak, we sometimes lose $4,000 for the year. The Energy Management System is totally automatic. The internal perpetual clock takes into account holidays and daylight savings time. If we have to override the system, the superintendent has a key. Mr. Sciortino stated that it is basically error proof. He advised that we saved $700 with the Energy Management System in the last two or three months. In response to Vice Mayor Matson, Mr. Sciortino advised that this would come out of the Capital Improvement account. The motion carried 5-0. Change Order Ho, I - Western Waterproofing Company for replacement of stucco at City Hall Building, the parking garage and the Police Station for a total cost of $1,677 Pursuant to Public Works Department Memorandum No. 94-178, part of Western Waterproofing's contract is to remove and replace any loose stucco they find on the City Hall complex. The contract bid contains a line item price for this work. As noted on Change Order #1, this is for work on the City Hall building, the parking garage, and the police station for a total of $1,677. This was included in the contract approved by the Commission. Notion Commissioner Aguila moved approval of Change Order No. I for Western Waterproofing for $1,677. Vice Mayor Matson seconded the motion. Commissioner Aguila inquired about the schedule for completion of this project. City Manager Parker advised that at the moment, the painting of the final coat, the timing, and additional charges, if any, are being discussed. She explained that there seems to be a little misunderstanding. The gentleman she spoke to regarding the painting is not available because he has had some illness in his family. City Manager Parker received some additional timing and cost require- ments that she is not in agreement with and is waiting for him to return to discuss this with him. Mayor Harmening asked if the replacement of the stucco around the frame was included in the basic contract. City Manager Parker stated that the unit price of $6.50 per square foot was included; however, there was no estimate of the amount of square feet. The motion carried 5-0. -5- HINUTE$ - REGULAR C]'TY CONHX$$ZON HEET~NG BOYNTON BEACH, FLORIDA ~ULY 19, 1994 Authorize submission of Palm Beach County Roadway Beautification Grant for review and recommendation by Beautiful Palm Beaches Advisory Coemlttee for landscaping the existing grass median from the L-30 canal north to $unmtt Ortve Pursuant to Recreation and Park Memorandum #94-251, this grant request requires a 50/50 match between the City of Boynton Beach and Palm Beach County to land- scape these medians in a yearly phasing program. This year's application in- volves landscaping the existing grass median from the L-30 canal north to Summit Drive (710 lineal feet). The landscape plans have been designed and completed for this application by Kilday and Associates. This firm was previously ap- proved by the Commission to generate landscape drawings for this project. The estimated cost for this first phase of the project is $30,000. The City would be requested to pay $15,000 plus any fees to the landscape architectural firm. The grant application would be reviewed and ranked with all other appli- cants to the grant program. Staff requested allocation of the appropriate funds and preparation of a resolution directing staff to apply for the grant. The City would assume maintenance of all medians upon successfully receiving the grants and installing the landscape materials. The appoximate costs to maintain this first phase of the project would be $5,000 per year. Notion Mayor Pro Tem Bradley moved approval of the Palm Beach County Roadway Beautification Grant. Commissioner Aguila seconded the motion. Vice Mayor Matson pointed out that this was not supposed to cost the City any money.. Now it is going to cost the City $20 per foot. She wondered if the City Commission should consider this after the budget hearings. Mayor Harmening felt the City should proceed. Commissioner Aguila wondered if Hunters Run would participate in the maintenance and/or cost. Maurice Rosenstock stated that $300,000 is available for the entire County this year. He advised that the widening of Congress Avenue has been moved up from 1997 to November 1, 1994. Construction should begin around April, 1995. He also advised that at this time, if you do not have matching money available, the County is not going to give you a dime. The matching funds can be in kind (jacking, boring, maintenance of the ground, anything except landscape architec- tural fees). Therefore, the city can give them in kind work and not have to appropriate any money. Vice Mayor Matson asked if the $5,000 per year for main- tenance will then be subtracted from the $15,000 that the City has to pay. Mr. Rosenstock did not know; but from what he understands, maintenance is part of the in kind work. This was not City Manager Parker's understanding, but she will have this double checked. She stated that the deadline for the grant was Friday. The City submitted a grant application with the understanding that if the City Commission did not approve this item tonight, it would be pulled. If -6- HINUTES - REGULAR CITY COHHISSIOH HEETING BOYNTOH BEACH, FLORIDA JULY 19, 1994 the City Commission approves this submission, the City recommends that the $15,000 be appropriated from the C.I.P. account. The motion carried 5-0. H, Proclamation Recognizing Lloyd Powe11 who was Just elected as State President of the Fraternal Order of Pollce Associates Mayor Harmening read a Proclamation recognizing Lloyd Powell, a resident and business owner of Boynton Beach, as the new State President of F.O.P.A. and congratulated him on his achievements. Mr. Powell thanked the City Commission. III, CONSENT AGENDA A, Nlnutes 1, Regular City Commission #eettng #Inures of July 5, 1994 No changes were made to these minutes. B, Bids - Recommend Approval - All expenditures are approved In the 1993/94 Adopted Budget 1, Annual ContraCt for automotive partslsupplles The Tabulation Committee recommended the bid as a multi award by category (GMC, Dodge and Ford) in a progressive award to four vendors per category; batteries in all categories to Taylor & Crowe. C, Resolutions Proposed Resolution No, R94-116 Re: Authorize execution of a sales agreement and equipment maintenance agreement between the City of Boynton Beach and Pitney Bowes for the purchase and main- tenance of a mail machine The budget transfer for this purchase was approved at the City Commission meeting on July 5, 1994. e Proposed Resolution No, R94-117 Re: Authorize execution of a postagemeter rental agreement between the City of Boynton Beach and Pitney Bowes The budget transfer for this purchase was approved at the City Commission meeting on July 5, 1994. -7- #INUTES - REGULAR CITY COI414ISSIOH HEETING BOYNTON BEACH, FLORIDA ~ULY 19, 1994 e Proposed Resolution No. R94-118 Re: Hater Service Agreement for Roberto and Marie Yon, 1984 71st Street South, Lantana, a single family home located on the east side of High Ridge Road, south of Hypoluxo Road, which is within our service area Pursuant to Utilities Department Memorandum No. 94-233, the Yons have completed the standard agreement for water service. This parcel is not contiguous to the City limits at this time; however, it may be if the Little Dude Ranch parcel on the west side of High Ridge Road annexes. ® Proposed Resolution No, R94-119 Re: Authorize execution of agreement between the City of Boynton Beach and CPT of Florida for the purchase, installation, maintenance and support of one year for the Local Area Network (LAN) System (Police Department Computer System) Pursuant to Police Department Memorandum No. 94-152, the City Commission granted permission to the Police Department and the Data Processing Department to nego- tiate a purchase and installation agreement for hardware and software for a fourteen station computer network, not to exceed $84,000, with CPT. The Police Department requests authorization to execute an agreement between the City of Boynton Beach and CPT of Florida, in the amount of $78,361.67, utilizing the Law Enforcement Trust Fund. Proposed Resolution No, R94-120 Re: Amending Resolution No. R94-25 increasing from five to seven the number of qualified tow companies to provide Class A and B towing services and also increasing to seven qualified contractors to provide Class C towing services Pursuant to Agenda Memorandum No. 94-258, at the April 5, 1994 City Commission meeting, the Commission voted to add two tow companies to the five that were originally approved for participation in the City's rotation towing program. In the Tow Service Agreement section entitled "Purpose", the language specified a maximum of five tow companies for Class A, B and C vehicle towing. In that two tow companies were added, the original resolution R94-26 setting forth the tow service agreement should be amended as provided for with this proposed reso- lution. Commissioner Aguita stated that this.resolution is to become effective immedi- ately upon passage. He suggested making it retroactive to a few meetings ago when we brought these two people in so that that gap is closed. ® Proposed Resolution No, R94-121 Re: Authorize execution of an Acknowledgment of Agreement and Consent to Assignment between the City of Boynton Beach and the Town of Briny Breezes providing for the assignment of a water supply contract On February 21, 1994,' the City Commission entered into a Water Supply Agreement with Briny Breezes. At the request of the Town of Briny Breezes and upon recom- mendation of staff, the City Commission has deemed it to be in the best inter- -8- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 19, 1994 ests of the citizens and residents of the City to execute an Acknowledgement of Agreement and Consent to Assignment. D, Approval of Btlls A list of these bills is a attached to these original minutes on file in the City Clerk's Office. E, Payment of Bills - June, 1994 A list of these bills is a attached to these original minutes on file in the City Clerk's Office. F, Purchase of Oataflow Pump Control Units (PCU) for the Utilities Department This system monitors conditions at each of the Division's 147 pumping stations. In response to Commissioner Aguila, Fred Schwenk of the Utilities Department advised that the request is for $10,395. G, Authorize disposal of records for the Police Department and City Clerk's Office Records Destruction Requests #6 (Police Department) and #274 (City Clerk's Office) have been approved by the State. Notion Vice Mayor Matson moved to approve the Consent Agenda as amended. Commissioner Aguila seconded the motion, which carried 5-0. IV, ANNOUNCEMENTS AND PRESENTATIONS A, Announcements Budget Workshop Meetings for FY 94195 July 25th and July 2$th and Special City Commission Meeting July 27, 1994 - City Hall Con~lsston Chambers - 6:30 P, M, Mayor Harmening made this announcment. He advised that the workshop meetings are on Monday, July 25th, and Tuesday, July 26th. The Public Hearing is on Wednesday, July 27th, at which time the millage will be formulized. Change first City Commission Meeting date in September to Friday, September 9, 1994 due to Rosh Hashanah Tuesday and Wednesday, September 6th and 7th and the previous date of Thursday, September 8, 1994 ts the day of the State Primary Election Mayor Harmening made this announcement. -9- MINUTES - REGULAR CITY CONHISSION MEETING BOYNTON BEACH, FLORIDA JULY 19, 1994 Acknowledgement of Boynton Lelsurevllle's donation to the Fire Department for the purchase of an Excalibur Knife Extracatton Tool Mayor Harmening acknowledged the splendid donation of $500 from Boynton Leisureville to the Fire Department for the purchase of an Excalibur Knife Extracation Tool. On behalf of himself, the City Commission, and the citizens of Boynton Beach, he thanked the residents, especially the Board of Directors of Leisureville for their fine gift. Mayor Harmening advised that we could use another one, which has not been budgeted for. Representatives of Boynton Leisureville were in the audience and promised the Fire Department another one. 4, Crime Prevention Fun Day July 31, 1994 - City Hall Complex - Noon to 5:00 P, H, Mayor Harmening made this announcement. 5, Special Ctty COmmlsslon Workshop Meetln9 reference Review of Boynton Beach Code of Ordinances - August 1, 1994 at 6=00 P, #, Mayor Harmening made this announcement. 6, Comments about Fire Department Commissioner Katz related his experiences with the Fire Department this past Friday night and into Saturday morning. He thanked Chief Jordan for the cour- tesy extended him to be able to work side by side with the Firefighters. He thanked Captain Robert Brown and Paramedic Officer Jim Herig and those on duty that night in Station 1, Shift C. He assured the residents of the City that Boynton Beach has the most professional, skillful, knowledgeable and sensitive firefighters, paramedics and EMTs that any City could ever hope for. He extended those attributes all the way up through chain of command. He shared some of his experiences in responding to numerous calls and told of the sensitivity of Richard Baler and Mike Smollon and the skill and knowledge of Jim Herig. He stated that the citizens of Boynton Beach are truly blessed with highly skilled and professional firefighters. He expressed concern about them being treated by City Administration as though they are rapacious. He stated that our Administrations, past and present, have created glass ceilings in terms of promotions for our most skilled and knowledgeable personnel. If this is not corrected, the residents of the City will not be able to benefit. He again thanked those firefighers from Station 1, Shift C, and Paramedic Officer Jim Herig {a 16 year veteran of the Boynton Beach Fire Department) and Captain Robert Brown {a 20 year veteran), both of whom possess vast amounts of insight, experience, skill, knowledge, enlightment, perception and profession- alism. He urged the Commission to do what he did and maybe they will have addi- tional insight and knowledge on which to base opinions and decisions. - 10 - HINUTE$ - REGULAR CITY CONMISSION HEETING BOYNTON BEACH, FLORIDA ~ULY 19, 1994 B. Presentations 1. Proclamation - Recognizing Lloyd Powe11 who was Just elected as State President of the Fraternal Order of Police Associates This item was moved up to II.H. Service Awards for City Employees Mayor Harmening and City Manager Parker recognized the following City employees for their many years of dedicated service to the City and its citizens and pre- sented service awards to them: 25 Years of Service Joe Owens, Equipment Operator, Sanitation Department 20 Years of Service Bobby Borden, Fire Department Robert Brown, Fire Captain Robert Drake, Recreation Maintenance Technician William Dunkelmann, Firefighter III Henry Kamiya, Fire Lieutenant Michael Keefe, Fire Lieutenant Michael Kirrman, Police Sergeant Douglas Madigan, Firefighter III Mary Munro, Budget Analyst, Finance Theodore Prince, Water Plant Operator James Rhoden, Jr., Fire Lieutenant Paul Valerio, Police Officer Joyce Waters, Librarian II 15 Years of Service Freda DeFosse, Administrative Assistant, Golf Course Marlon Harris, Police Sergeant Ronald Keister, Fire Lieutenant Paula LeBlanc, Clerk III, Facilities Management Betty Meadows, Foreman I, Parks Philip Oxendine, Fire Lieutenant Theodore Padich, Deputy Police Chief Alan Picklesimer, Firefighter III Timothy Valentine, Firefighter III 10 Years of Service Stuart Bee, Sign Shop Operator, Streets Department Jeffrey Deighan, Police Officer - 11 - HINUTES - REGULAR CITY COHHI$$ION HEETING BOYNTON BEACH, FLORIDA JULY 19, 1994 June Dunai, Administrative Assistant, Risk Management Richard Geist, Greenskeeper, Golf Course David Glass, Equipment Operator III, Utilities Department Judith Glass, Data Systems Record Clerk, Police Department Dan Hager, Head Golf Professional Barbara Makarowski, Secretary, Recreation Department Jack Malchow, Golf Cart Mechanic Barbara McPherson, Shift Clerk, Police Department Anthony Principe, Police Detective Kevin Quinn, Firefighter III Ernest Roberts, Maintenance Worker, Utilities Department Marie Traylor, Police Officer Roger VanKorlaar, Parks Supervisor Lester Ward, Building Inspector II Sammie Waters, Equipment Operator IV, Sanitation Department Mayor Harmening wished all these employees well and advised the audience that it is people like these who work for the City for many years who do a lot of hard work for them. V, BIDS A, North Federal Htghway Road Medlan Landscape - Request authorization to rabid project City Manager Parker stated that forty-one invitations to bid were sent out. However, only one bidder responded with a bid of $18,830 over the City's budget. She advised that the Recreation and Park Department asked some of the other landscape contractors why they did not bid and was told that the insurance requirements were too steep for these smaller contractors and they did not have a lot of time to prepare their bids. It was recon~nended that this project be rebid, that the insurance section of the bid document be redone, and that enough time be allowed for the contractors to prepare a bid. City Manager Parker advised that the bid could be awarded at the first City Commission meeting in September. Hotlon Vice Mayor Matson moved to rebid this project as recommended by staff. Commissioner Aguila seconded the motion, which carried 5-0. VI, PUBLIC HEARING None. - 12- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~ULY 19, 1994 VII. PUBLIC AUDIENCE Bill Lynch, 1912 S. W. 16th Avenue, is the President of the Boynton Leisureville Community Association. On behalf of himself, the Board of Directors, and Boynton Leisureville, he thanked Mayor Hamening, City Manager Parker, the City Commission, City Forester Kevin Hallahan, County Commissioner Warren Newell and his Administrative Aid Mike Bornstein, and Chuck Yanette of Kilday and Associates for their help and interest in getting the median on Woolbright Road landscaped from the E-4 Canal to the L-26 Canal. Henrietta Solomon, 230 N. E. 26th Avenue, stated that since the Civic Center was renamed Freedom Hall, when she speaks of Freedom Hall, nobody knows what she is talking about. She felt the Civic Center was a more appropriate name for this building and asked the City Commission to consider giving it back its original name. Mrs. Solomon was also happy to see that there are now plans to landscape North Boynton Beach. Motion Commissioner Aguila moved to change the name of the Civic Center back to the Civic Center. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. Tim Dillard, 36 Meadows Park Lane, introduced his wife, Beverly and daughter Elissa. He explained the problems he has been having since September, 1993 with a swing set he erected on his property. His Association asked him to fill out an architectural change form for the swing set. He refused because he was the only one in the Meadows that was required to do so. The Association contacted Code Enforcement. At that time, there was no policy regarding residential play equipment. On February 9, 1994, a residential play equipment apparatus policy was developed. The Dillard's swing set is a little larger than permitted. Therefore, they were required to obtain a building permit. Mr. Dillard applied for a building permit on April 27th. It was rejected because no structures were allowed in the easement. Mr, Dillard stated that before he even applied for a permit, it was determined that the swing set was not in the easement. Since that time, Mr. Dillard has obtained easement agreements from all five utility companies allowing the swing set to be there. Mr. Dillard stated that he was required to obtain an architectural engineer to design plans for the swing set to withstand 110 mile an hour winds in the event of a hurricane. He advised that this swing set can and will be completely disassembled in one hour and fif- teen minutes in the event of a hurricane. Vice Mayor Matson has seen many structures of the same type in other areas and wondered why only the Dillards were cited. Mr. Dillard advised that this type of equipment is allowed in West Palm Beach and Delray Beach. He said the new residential play equipment apparatus policy would make almost every swing set in the City of Boynton Beach illegal. Mrs. Dillard added that even the metal ones you can buy in the stores would not met the criteria. Mayor Harmening suggested directing the City Manager to reimburse the Dillards. City Manager Parker advised that Mr. Dillard just called her thismorning and - 13 - NINUTES - REGULAR CITY CONMISSION NEETING BOYNTON BEACH, FLORIDA JULY 19, 1994 she, in turn, called the Building Department for a briefing. She advised that former City Manager J. Scott Miller and the Building Department developed this policy last year. She was not involved in the development of this policy and has not had a chance to discuss this matter with the Building Department. Commissioner Aguila felt the policy needs to be revisited. Notion At City Attorney Cherof's suggestion, Vice Mayor Matson moved to direct Administration to suspend enforcement of that provision until it can be studied a little further and until some feedback from the Building Department is received regarding the background of those regulations, and to address this as an agendaed item at the next meeting. Commissioner Katz seconded the motion, which carried 5-0. VIII, DEVELOPNENT PLANS A, Consent Agenda - Unanimously Approved by the Planning and Development Board Project Name: Agent: Owner: Location: Description: C-15 Linear Park Ronald Last - Lawson, Noble & Associates South Florida Water Management District and the City of Boynton Beach South side of the Boynton {C-16} Canal between Seacrest Boulevard and the F.E.C. Railroad New Site Plan: Request for site plan approval to construct a City park to include landscaping, sidewalks, parking facility and three {3} docks. Commissioner Aguila asked why we are trying to separate the park from the resi- dents and only provide them with two access points. He thought we wanted to encourage the people who live along those lots to use the park and perhaps par- ticipate in monitoring it. He wondered if we would be closing the park off to the people who would be using it the most, which are those who live along those lots, if a chain link fence is put up. The Recreation and Park Director Charles Frederick and Ron Last, the Consulting Engineer on this project were present. Mr. Frederick stated that a community meeting was held with the people who live in that neighborhood, people who were interested in the park, and the housing groups who were trying to upgrade the neighborhood, and a plan was developed for this project. The issue of a fence came up because the residents were concerned about protecting their property from the people who were going to use the linear park and who were going to use their property and side yards as a throughfare. Mr. Frederick proposed to offer each of the residents the option of a gate in their backyard. They would have the option of locking the gate at their own choosing, and they would have imme- diate access to the site. - 14 - NINUTE$ - REGULAR CITY COHHI$$IOH HEETING BOYNTON BEACH, FLORIDA OULY 19, 1994 Commissioner Aguila referred to the locked gate on the first lot, closest to the track. Mr. Frederick advised that there will be a Phase II of this project at the far eastern end. This has been funded through Palm Beach County for acquisition and development of 1.6 acres which takes effect October 1st. This is a temporary gate system until Phase II of this project is developed and completed. Commissioner Aguila asked about security and lighting. Mr. Frederick advised that there is no lighting on the park property. There is lighting in the parking lot. The park will be closed at dark. The only options for security are foot patrol by the police during the evening hours, or the hiring of night park attendants. Commissioner Aguila asked if the Police Department is aware of this burden that is being put upon them. Mr. Frederick advised that this went to the Technical Review Board and the Police Department is represented on this Board. In response to Commissioner Aguila, Mr. Frederick advised that when this goes out to bid, everything will be unit priced. Commissioner Aguila moved approval of this site plan. Commissioner Katz seconded the motion. Ms. Simmons, who resides at 239 N. E. 13th Avenue, objected to putting the parking lot between two residential houses. She stated that there are already problems with people stealing the residents' hubcaps and tags from their cars. She did not think gates will protect the residents. Mayor Harmening pointed out that the residents are in walking distance to the park and you do not need a lot of parking at a neighborhood park. Mr. Frederick said the reason parking was considered at the far western end was that if access is not provided near the dock area, people would park on Seacrest Boulevard and the side streets. He stated that Phase II will have a parking lot. He advised that we could look at eliminating the parking lot or reducing the size of it. Vice Mayor Matson pointed out that Boynton Lakes Park was only required to have four parking spaces because of the Americans With Disabilities Act. Commissioner Aguila suggested confirming if parking is needed. If ADA or any other code requires parking, provide only what is required. He asked if we can postpone it until Phase II and put it down at that end. Mr. Frederick advised that the restrooms in this park have been eliminated in Phase I with the Building Department's permission, with the proviso that they be built in Phase II. If parking is required, perhaps it can be put in in Phase II. - 15- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~ULY 19, 1994 Commissioner Aguila preferred to eliminate the parking in Phase I and having only the amount of parking required by law in Phase II. Amended Morton Commissioner Aguila moved approval of the site plan for the C-16 Linear Park, deleting the parking for now, and consider doing that in Phase II, if necessary. Vice Mayor Matson seconded the motion, which carried 5-0. e Project Name: Owner: Location: Description: H~rvey's Restaurant Tony Harvey 119 Martin Luther King Boulevard Major Site Plan Modification: Request for approv- al of an amended site plan to modify an existing restaurant building to construct a 1,120 square feet addition, new parking facility and land- scaping. Tambri Heyden, Planning and Zoning Director, advised that this is a major site plan modification to an existing restaurant building on the north side of Martin Luther King Boulevard, just east of Seacrest Boulevard. The property is zoned C-2. Upgrading of the parking lot and landscaping is required because square footage is being added. Approximately three months ago, a parking lot variance was approved by the City Commission for a backup space. The Planning and Development Board recommended approval of this request subject to staff com- ments. Morton Commissioner Aguila moved to approve this major site plan modification for Harvey's Restaurant at 119 Martin Luther King Boulevard, subject to staff com- ments. Vice Mayor Matson seconded the motion, which carried 5-0. e Project Name: Owner: Location: Description: Boynton Festive Center Douglas McMillen Southwest corner of Old Boynton Road and Congress Avenue Major Site Plan Modification: Request for site plan approval of an amended site plan for a future shopping center to omit one {1) leased outparcel building and change the facade of the main building. Approval includes elevations for the leased restaurant outparcel and sign approval for all buildings. Ms. Heyden stated that this came before the City Commission on May 17, 1994 for a new site plan approval. The applicant has returned with some major changes, which include the deletion of one of the outparcel buildings, which reduces the overall square footage of the shopping center by approximately 7,500 square feet. The service area in the rear has been redesigned and shifted, and signif- - 16- H:]:NUTE$ - REGULAR C:ITY COI~:I$$]:ON NEET:lNG BOYNTON BEACH, FLOR:IDA ~ULY 19, 1994 icant changes (color scheme and design of the building) to the elevations of the main shopping center are proposed. The new elevations and the previously approved elevations were displayed on the easel. The new elevations do not meet the Community Design Plan. A condition of approval was that more landscaping be provided, as long as parking spaces are not deleted. The applicant has considered this; however it would result in the loss of an entire bay of parking. Therefore, there will be no additional landscaping. The Planning and Development Board unanimously recommended approval of this major site plan modification. Commissioner Katz asked how many spaces comprise an entire bay. Ms. Heyden advised that an entire bay would be approximately twenty plus parking spaces. Jill Jarkesy represented McMillen Development Corporation. She stated that the applicant's architect and site planner did some recalculating and the only way additional landscaping could be added in front of the main building would be to lose an entire double row of parking. The national tenants in front of the main building require a certain amount of parking. She pointed out that 7,000 or 8,000 square feet of restaurant space was deleted to increase the parking spaces (the forty bays). Additional landscape medians have been provided in that area, as well as adjacent to the restaurant towards the main shopping center. Commissioner Aguila had no problem with the site plan. He did feel that the signage is too big and overpowering; however, it is in compliance with the Codes. ~ot!on Commissioner Aguila moved to approve this site plan, subject to staff comments. Mayor Pro Tem Bradley seconded the motion, which carried 4-1. Mayor Harmening cast the dissenting vote. Ms. Heyden stated that one of staff's comments regarded the sign program. The Planning and Zoning Department recommended that the signage be revised because it is not compatible. She asked if the City Commission wants staff to work this out with the applicant and make the determination as to what is harmonious. Mayor Harmening answered affirmatively. B, Non-Consent Agenda - Not Unanimously Approved by the Planning and Development Board Project Name: Agent: Owner: Location: Description: Barnett Bank Scharf Associates Barnett Bank 105 North Congress Avenue Major Site Plan Modification: Request for approv- al of an amended site plan to modify an existing bank building to construct a 1,572 square feet addition and new parking facility. - 17 - HINUTE$ - REGULAR CITY COt4HIS$ION HEETIHG BOYNTOH BEACH, FLORIDA JULY 19, 1994 Ms. Heyden stated that this site plan approval request is for the Barnett Bank at Boynton Plaza, located at the southwest corner of Boynton Beach Boulevard and Congress Avenue. They are planning to add an addition which requires upgrading of the parking lot. In addition, the sand lot is included as part of this approval to expand the parking lot being purchased by Barnett Bank. The Planning and Development Board expressed concern about the existing "no right turn" sign and it was left up to staff to work out a solution with the appli- cant. With the use of an overhead projector, she displayed and reviewed three solutions and advised that the applicant did not like any of these solutions. The applicant was concerned about modifying the driveways because Barnett Bank currently has a cross access agreement with the shopping center and they feel any modification would be risking the future modifications of the cross access agreement and also purchasing of the property. Con~nissioner Aguila liked what Barnett Bank is doing and felt it is an improve- ment to the building. He felt the turn was a minor issue. However, he would like gates on the dumpster enclosure. George Hohmann, Architect and Project Manager with Scharf Associates, and Don Zyto, Vice President of Barnett Bank, were present. Mr. Hohmann explained why the three solutions would not work. He expressed concern about closing off the access. He said Barnett Bank had put the sign there four or five years ago because during school hours, parents line up on the bottom of the road along the fence along the school property to pick up their children. The children jump over the fence and the parents drive away. In order to get a prime parking spot there, they come in and make a right turn into the bank property, back out and come back and pull around, which is hazardous. He said the. other two solutions described by Ms. Heyden would not prevent a person from making a right turn if they wanted to. One of the solutions restricts the egress out of the parking area on the right-hand side. You would be cutting the roadway less than twenty- four feet wide, which is against the Zoning Code. He advised that if people cannot make a left turn out of the bank property onto Congress Avenue, traffic would be turned back into the shopping center, which is going to make it more congested than it already is. One of the solutions makes it harder for someone to make a right turn, but it would not prohibit it. Mr. Hohmann stated that people tend to disobey the "no right turn" sign. He agreed to put gates on the dumpster. Hotlon Commissioner Aguila moved to approve this site plan as submitted, subject to staff comments and the addition-of the dumpster gates. Mayor Pro Tem Bradley seconded the motion. Mayor Pro Tem Bradley asked if the Police Department is aware of the traffic problem at the school. Mr. Zyto advised that the police are there frequently. He suggested posting "no parking" signs along the side the road. He stated that there is a long wait to get into the school grounds to pick up the children and the parents park all over and block traffic. The motion carried 5-0. - 18 - HINUTES - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA OULY 19, 1994 e Project Name: Agent: Owner: Location: Description: Quantum Park James G. Willard, Shutts & Bowen, Attorneys at Law QuantumAssociates West side of I-§5, between Miner Road and the Boynton (C-16) Canal Use Approval: Request to amend the list of per- mitted uses for the Quantum Park PID to allow a park and ride facility on lots designated "Research and Development Industrial" on the Quantum Park master plan. Ms. Heyden stated that this request does not meet the criteria for the Consent Agenda; however, the Planning and Development Board unanimously recommended approval of this request. This recommendation was based on the finding that it meets the performance standards of the City and is consistent with the intent and purpose of the Planned Industrial Development district. Ms. Heyden added that this is consistent with the original development order. #orlon Vice Mayor Matson moved to approve the list of permitted uses for the Quantum Park PID to allow a park and ride facility on lots designated "Research and Development Industrial" on the Quantum Park master plan. Commissioner Aguila seconded the motion, which carried 5-0. Other 1, Further Discussion on Augy'$ Restaurant Commissioner Aguila stated that his intent in asking for further discussion is that he wanted to make sure that everybody understood what his concerns Were. He expressed concern about what the neighbors to the south are going to see and said they have the right to expect some protection from the City so that they can enjoy their property without being infringed on. He stated that the design of the project, as submitted, showed a great deal of insensitivity to their views and that he could not support what was presented initially. He advised that there are ways of making this work while protecting the residents from any negative impact. He was concerned that there were no provisions shown on the site plan for the required can wash, which is usually placed outside the site, which is already jammed. He wondered where the applicant was going to put the can wash. He noted that the landscaping on the south side to shield the view of the building, which is not very aesthetically pleasing, is minimal. Commissioner Aguila stated that he could be persuaded to support this project if there was additional landscaping or preferably a buffer wall on the south side of the property similar to the one at Gateway Plaza. - 19 - HINUTES - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA dULY 19, 1994 Augy Vultaggio advised that he offered to put a wall in the back. However, the Fire Department said they need access in case of a fire. Mr. Vultaggio was willing to provide whatever the City wants. He said DOT will allow him to move the entrance from the west side to the east side. He will move the dumpster from the southeast corner to the northeast corner. 'He will provide a six foot wall. Commissioner Aguila asked Mr. Vultaggio to work out the details with staff. He would like him to put the can wash close to the dumpster, somewhere away from the residential. Notlon Vice Mayor Matson moved to approve this, subject to the comments that were noted here tonight and all the other staff comments. City Manager Parker advised that the Santitation Department has not had a chance to evaluate the change in the dumpster location. Therefore, they have not yet approved it. Commissioner Aguila would like the Sanitation Department to make an effort to locate the dumpster as far away from the residential as possible. City Manager Parker advised that another suggestion was made to use a compactor, which would be more enclosed and would contain some of the odors. City Manager Parker's comments were included in the motion. Mayor Pro Tem Bradley seconded the motion. Commissioner Aguila stated that this project does not need to be held up or come to a formal Commission meeting, but he would like to see the revised plans. The motion carried 5-0. MAYOR HARMENING DECLARED A RECESS AT 8:23 P. M. THE MEETING RECONVENED AT 8:35 P. M. IX, NEW BUSINESS A, Itms for discussion requested by Vice Hayor ~ne Natson 1, Post Office Advlsor~ Counct1 Update Vice Mayor Matson reported that the Post Office Advisory Council has been formed. A meeting was held last week. A site has been selected for the new post office out west (the southeast corner of Jog Road and Boynton Beach Boulevard). It will be completed between July and November, 1995. Ground will be broken before Thanksgiving of this year. The new post office will be run a - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 19, 1994 little differently. It will be like a postal store. There will be counters inside and everything you want will be out for you to take to a cashier. This will eliminate long lines. On July 1, 1994, a few changes were made. Those who have post office boxes at the post office have been getting their mail earlier. The new post office on Jog Road will be twice as large as the main office. It will facilitate many of the communities in the western sector and some of the communities on Congress Avenue. Those communities on Congress Avenue north of Miner Road and south of Hypoluxo will be balloted. There will be a survey and if you choose to come into this new post office, you will stop getting a Lantana zip code. If you do not turn in your ballot, that is considered a "no". We will be doing a couple of press releases as the time nears. A new mobile unit should be in service within the next two weeks. This mobile unit will target retirement communities. They will stay at each location a minium of one half hour and a maximum of one hour. This will basically be a post office retail unit on wheels. There is additional parking at the Boynton Beach Boulevard Post Office immediately west of Congress Avenue. Vice Mayor Matson advised that people are welcome to join the Post Office Advisory Council. She said Bill Lynch might be interested in joining. They have representation from the other section of Leisureville, but would very much like someone from Section 10. Florida League of Cities Resolution Committee Vice Mayor Matson advised that she is Vice Chair of the Intergovernmental Relations Committee. The Chair, George Collins, was not successful in his elec- tion attempt. Therefore, she will be Acting Chair until she becomes Chair after the convention in August. As such, President Lieberman has requested that she serve on the Resolutions Committee at the convention. Vice Mayor Matson advised that she received some mail today, which she distributed to City Manager Parker. She stated that if the City Commission wants any resolutions to go forward to the League, the deadline is July 26, 1994. Vice Mayor Matson requested a con- sensus of the Commission that City Manager Parker be allowed to make a decision on the issues she feels need lobbying at the State level, and Vice Mayor Matson will bring them forward to the Resolutions Committee. Mayor Harmening and Commissioner Aguila wanted to review anything before it goes to the Resolutions Committee. City Manager Parker and the members of the Commission will bring forward what they want sent to the Resolutions Committee at the budget meeting next Monday night. B, Set date for Co Tran Public Hearing for August 2, 1994 at 7:00 P, M, to finalize bus routes Mayor Harmening made this announcement. This Public Hearing will be held as part of the next City Commission meeting. reelection, not election - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 19, 1994 X. LEGAL A, Ordinances - 2nd Reading - Public Hearing 1. Proposed Ordinance No, 094-21 Re: Establishment of a Combat Automobile Theft Program City Attorney Cherof read Prosposed Ordinance No. 094-21 by title only. No one wished to speak in favor of or in opposition to this proposed ordinance. Therefore, Mayor Hamening declared the Public Hearing closed. Motion Vice Mayor Matson moved to approve Proposed Ordinance No. 094-21 on second and final reading. Commissioner Katz seconded the motion. Mayor Harmening pointed out that this program could have numerous pitfalls. He stated that if a person sells his car and does not remove the decal and the new owner is stopped, the City could be sued. City Manager Parker stated that the ordinance provides for a consent form to be signed by the owner of the vehicle. The form states that the owner of the motor vehicle is responsible for removing the decal when terminating participation in the program or when selling or transfering ownership of the vehicle. Mayor Harmenin9 felt this was a catchall phrase that amounts to nothing. Mayor Pro Tem Bradley asked how long this program has been in existence. Patrol Captain Ted Padich advised that this program has been in existence all over the State and country for at least the past two years. In response to Mayor Harmening, he was not aware of any problems with this program. City Manager Parker asked if the Commission wished to charge a fee for this program or have the decals be available at no cost. If the Commission would like to charge a fee, it would be a minmum of $5 for the decal. Mayor Harmening, Mayor Pro Tam Bradley, and Commissioner Aguila did not think a small fee would deter anyone who is interested in this program. Mayor Harmening did not see any reason for the City to underwrite the cost of this program. A roll call vote was polled by the City Clerk. The motion carried 5-0. B. Ordinances - 1st Reading 1. Proposed Ordinance No, 094-22 Re: Amending Chapter 5 - Building Codes City Attorney Cherof read Proposed Ordinance No. 094-22 by title only. Commissioner Aguila wanted Section 1113.1.11 deleted. He felt it was redundant and there was no reason for it. He stated that the original reason was for access for the handicapped. However, this has now been taken care of by State Statute. - 22 - MINUTES - REGULAR CITY COHHI$$ION MEETING BOYNTON BEACH, FLORIDA JULY 19, 1994 With regard to Section 1205.1.5 and in response to Mayor Harmening, the Deputy Building Official, A1Newbold, advised that "Deemed to Comply" has not been eliminated. It has been modified with SSTD 10-93, an improved version which upgrades some of the standards. Mayor Harmening was not in agreement with Section 1302.2.7, which states that the certification and recommendations shall bear the signature and seal of the engineer certifying the test. He stated that everyone has known for years that the soils in this area are perfectly good. He pointed out that these tests are expensive and take quite a bit of time to do. Vice Mayor Matson suggested sending this section back to the City Attorney to rewrite it and bring it back at the next meeting. Commissioner Aguila would like the opportunity to review the administration section of the Building Code. He was not in favor of putting the Head Building Official in such a godlike position without some backup. Motion Commissioner Aguila moved to accept the proposal as submitted, exclusive of Section 1113.1.11, which shall be deleted; Chapter 13, which shall be revisited entirely on the issue of soils, and an opportunity to review Chapter 1, Administration. Vice Mayor Matson seconded the motion, which carried 5-0. 2. Proposed Ordinance No, 094-23 Re: Amendment to the sign code to allow for signage {advertising) on bus shelters City Attorney Cherof read Proposed Ordinance No. 094-23 by title only. Motion Commissioner Aguila moved to approve Proposed Ordinance No. 094-23 on first reading. Vice Mayor Matson seconded the motion. Commissioner Aguila asked if it will be policy, before erecting these shelters, to check with the owners who can see them from their residences or businesses to make sure they do not object. City Manager Parker answered affirmatively. Commissioner Aguila suggested documenting these conversations. Ms. Heyden stated that the Building Official would like to charge a permit fee. City Manager Parker advised that this is a City facility. Therefore, the City would be paying the permit fee. In response to Commissioner Aguila, Mr. Newbold indicated that permit fees on City projects are generally waived. It was the consensus of the City Commission not to charge a permit fee. A roll call vote was polled by the City Clerk. The motion carried 5-0. - 23 - MINUTES - REGULAR CITY COHI415510N MEETING BOYNTOH BEACH, FLORIDA ~ULY 19, 1994 C. Resolutions Proposed Resolutlon No, Rg4-106 Re: Authorize execution of addendum between the City of Boynton Beach and Meadowood Groves, Inc. and Willard Arnold, accepting a corresponding deed conveying the park site .............................................. TABLED City Attorney Cherof advised that this item is not ready to be removed from the table. He advised that the survey Meadowood Groves wanted to do has now been done and they will be prepared to move the matter forward at the next Commission meeting. The City will also be prepared to do so. ® Proposed Resolution No, R94-112 Re: Authorize execution of Consultant Agreement between the City of Boynton Beach and Entek Environment & Technical Services regarding asbestos abatement in the Utilities Administration Building ...................... TABLED Motion Commissioner Aguila moved to remove this item from the table. Vice Mayor Matson seconded the motion, which carried 5-0. City Manager Parker referred to the summary for the five firms that the City received quotes from. She advised that Law Engineering gave the lowest quote, not Entek Environmental. She stated that references have been checked and requested that this resolution be changed to award this project to Law Engineering. Commissioner Aguila stated that the packets do not show anything about Gaudet charging $300 extra for a pre-bid meeting. Pete Mazzella, Assistant to the Utilities Director, advised that he called Gaudet for clarification because their quote did not make that specific, even though it was requested that pre- bid meetings be included. Gaudet advised him that the pre-bid meeting will cost about $75 an hour for approximately two to four hours. Con~nissioner Aguila said Gaudet submitted a proposal with a total fee of $8,200 for twenty-one days and they will have to have a pre-bid meeting based on their submittal. Commissioner Aguila was disappointed that Law Engineering wanted $800 to prepare a final report. He stated that the other four companies included this in their fees. He felt the lowest quote is from Gaudet and recommended awarding it to them for $8,200 at 21 days. The only flexibility would be the $350 per day. Therefore, if it takes 20 days, the City saves $350. If it takes 19 days, the City saves $700, and if it takes 22 days, the cost is $8,550. Commissioner Aguila moved to award this contract to Gaudet Associates, Inc. for $8,200, assuming twenty-one days. Commissioner Katz seconded the motion, which carried 5-0. - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~ULY 19, 1994 Proposed Resolution No. R94-122 Re: Authorize execution of interlocal agreement between the City of Boynton Beach and the $olid Waste Authority requiring delivery of city's waste to Solid Waste Authority facilities City Attorney Cherof read Proposed Resolution No. R94-122 by title only. Mayor Harmening asked City Manager Parker what the other municipalities in the County intend to do about disposing of their waste. She responded that Boca Raton does not franchise their commercial accounts. Lake Worth's staff is not in agreement with this. She believed all the other municipalities are entering into an agreement with the Solid Waste Authority. Mayor Harmening stated that this contract is pretty rigid and you cannot get out of it. He pointed out that they could default on the bonds. City Manager Parker advised that the County took over the separate authorities based on the special legislation that was adopted. Mayor Harmening hated to sign a contract like this that has no escape clause. City Attorney Cherof suggested writing in an escape clause to permit the City, under certain conditions and with advance notice, to terminate the agreement. City Manager Parker advised that the only other option would be to haul it to Broward County. Mr. Mazzella asked if this would apply to waste lime sludge from the water plant. City Manager Parker advised that the contract is only for collection of solid waste from residences and businesses within our boundaries. Sludge is not included. Motion Commissioner Katz moved to approve Proposed Resolution No. R94-122. Commissioner Aguila seconded the motion, which carried 5-0. Proposed Resolution No, R94-123 Re: Acceptance of Maintenance Agreement and Final Plat approval for Quail Run Villas, located west of Congress Avenue and between S. W. 23rd Avenue {Golf Road} and Woolbright Road City Attorney Cherof read Proposed Resolution No. R94-123 by title only. Commissioner Katz noticed that Engineering Department Memorandum No. 94-201 states that the Engineering Department recommends approval of the final plat of Quail Run Villas, as the developer has substantially complied with the provi- sions set forth in the City Code of Ordinances, Appendix C, Subdivision and Platting Regulations. He asked if there are parts that the developer has not complied with. William Hukill, City Engineer, advised that when that memo was written, the agreement on the maintenance of the landscape material was available, but it was unsigned and not recorded. It is now signed and recorded. The developer is in full compliance. NINUTES - REGULAR CZTY CONNISSION NEETING BOYNTON BEACH, FLORIDA ~ULY 19, 1994 Notloq Vice Mayor Matson moved to approve Proposed Resolution No. R94-123. Commissioner Aguila seconded the motion, which carried 5-0. ® Proposed Resolution No, R94-124 Re: Authorize execution of Consultant Agreement between the City of Boynton Beach and Post Buckley, Schuh & Jernigan for the resubmittal of the Landfill Permit Renewal Application City Attorney Cherof read Proposed Resolution No. R94-124 by title only. Notion Commissioner Aguila moved to approve Proposed Resolution No. R94-124. Vice Mayor Matson seconded the motion. Mayor Harmening pointed out that the City had considerable problems with Post Buckley on the closing of the landfill. City Manager Parker advised that there were problems with the site not being cleared of all the waste. However, Post Buckley bore all the costs for that. e Proposed Resolution No, R94-125 Re: Authorize execution of time extension for Community Development Block Grant Funds for the C-16 Linear Park Project City Attorney Cherof read Proposed Resolution No. R94-125 by title only. Notion Commissioner Aguila moved to approve Proposed Resolution No. Rg4-125. Commissioner Katz seconded the motion, which carried 5-0. D, Other Consider Amendment to Appendix A - Zoning, Section 11D,8 Home Occupations required to ~eke this section consistent with Section 14-3, which established weight restrictions for motor vehicle parking Mayor Harmening asked if people have complained about these larger trucks recently. City Manager Parker answered in the negative. Notion Commissioner Aguila moved to approve the Amendment to Appendix A-Zoning, Section 11D.8 to make it consistent with Section 14-3. Commissioner Katz seconded the motion, which carried 4-1. Mayor Harmening cast the dissenting vote. - 26 - MINUTES - REGULAR CITY CO~ISSION MEETING BOYNTON BEACH, FLORIDA JULY 19, 1994 XI. UNFINISHED BUSINESS A, Reconsideration of Augy's Restaurant This item was discussed earlier in the meeting. B, Landscape improvements Golf Road (23rd Avenue) and Section 10 Lelsurevllle Mayor Hamening stated that at the last meeting, the Commission directed staff to look into this and bring back something on cost, etc. Vice Mayor Matson stated that staff has recommended that it is not City policy to install landscaping on other than City property. City Attorney Cherof advised that if approved, the City would be setting a pre- cedent and may be acting beyond its authority in improving this property. Motion Commissioner Katz moved to ask staff to investigate this and get permission from DOT to be able to install a hedge. The motion died for lack of a second. XII, CITY MANAGER'S REPORT 1, Update on New High School City Manager Parker reported that in the upcoming School Board budget, the construction timetable for our high school is still listed as TBA (to be announced or to be determined). She requested the Mayor or one of the City Commissioners attend a School Board meeting with staff to request that this item be dated on the priority list because our site is ready to go. When the budget hearing is set for the School Board, she will let the 'Commission know. 2, Atlantic High School Resolution City Manager Parker advised that since the last meeting, Commissioner Aguila determined that this resolution is not needed. Commissioner Aguila explained that it turned out that he was combining two separate stories. One involved capital improvements and one involved maintenance and repair. The maintenance and repair is moving forward. However, as quickly as repairs are made, van- dalism occurs. Commissioner Aguila has spoken with someone on the School Board about this and feels the resolution is not needed. XIII. OTHER None. - 27 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OULY 19, 1994 XIV, ADJOURNMENT There being no further business to come before the City Commission, the meeting properly adjourned at 9:25 P. M. ATTEST: 'Cit~/Clerk '-- Recording Secretary (Three Tapes) THE CITY OF BOYNTON BEACH Q ,.~°- Comm~ssaoner - 28 - AGENDA JULY 19, 1994 III. CONSENT AGENDA D cc: Rec, Fin, Util B. L. C. LAWN & MAINTENANCE P. O. 6246. LANDSCAPE & MAINTENANCE CONTRACT. PAY FROM GENERAL FUND -- 001-722-5-430-15 $2,289.00 THE BANK OF NEW YORK TRUST ANNUAL PAYING AGENT/REGISTRAR FEE FOR 12/01/93 - 05/31/94. PAY FROM WATER & SEWER REV. FUND -- 401-841-5-795-00 $1,000.00 BOCA TIRES, INC. P. O. 5709. RESTOCK VEHICLE MERCHANDISE. PAY FROM WAREHOUSE FUND -- 502-000-0-410-17 $1,399.94 CH2M HILL TASK ORDERS. PAY FROM UTILITY CAPITAL IMPR. FUND --404-000-0-690-10 - $269.86 PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 - $3,344.06 PAY FROM W & S UTILITY REV. FUND -- 421-000-0-691-21 - $7,985.73 $11,559.65 CHEMICAL LIME P. O. 5718. LIME FOR CHEMICAL SOFTENING. PAY FROM WATER & SEWER REV. FUND -- 401-335-5-365-00 $4,503.09 CROM CORPORATION P. O. 7158. DESIGN AND BUILD ELEVATED STORAGE TANK. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 $172,459.44 EASY PAY TIRE STORE, INC. P.O.~5563. VEHICLE MERCHANDISE/STOCK. PAY FROM WAREHOUSE FUND -- 502-000-0-410-17 $1,057.20 FWPCOA REGION 6 SCHOOL FOR 13 PEOPLE AT PALM BEACH COMMUNITY COLLEGE. PAY FROM WATER & SEWER REV. FUND -- 401-333-5-470-10 - $990.00 401-362-5-470-10 - $270.00 401-351-5-470-10- $360.00 $1,620.00 COMMISSION JUL 19 1994 APPROVAL 10. 11. 12. 13. 14. 15. 16. 17. 18. FERGUSON ENTERPRISES, INC. P. O. 7321. REPLACE WORN CHECK VALVES. PAY FROM WATER & SEWER REV. FUND -- 401-352-5-345-00 - $4.010.00 $5,427.00 P. O. 7269. CHECK VALVES, PATTERN SLEEVES, AND ACCESSORIES. PAY FROM W & S UTILITY REV. FUND -- 421-000-0-691-21 - $1,417.00 FLORIDA LEAGUE OF CITIES PREMIUM FOR EXCESS LIABILITY POLICIES. PAY FROM SELF INSURANCE FUND -- 622-195-5-449-00 $3,225.00 GA INDUSTRIES, INC. P. O. 7041. PARTS FOR EXISTING 24" VALVE. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 $4,635.52 GEE & JENSON $1,005.00 OCEANFRONT PARK IMPROVEMENTS, PROFESSIONAL SERVICES ENDING 5/27/94. PAY FROM REC. & MUNICIPAL BEACH IMP. FUND -- 303-721-5-463-09. GEORGE HOMRICH LANDSCAPE & DESIGN, INC. P. O. 6856. 9 WASHINGTON PALMS, 30 FIREBRUSH, 30 BOUGANVILLA. PAY FROM COMM. IMPR./CRA FUND -- 621-136-5-630-14. $3,194.00 DR. JAMES GODWIN EMERGENCY MEDICAL DIRECTOR SERVICES. PAY FROM GENERAL FUND -- 001-221-5-460-06 $1,500.00 GRAINGER P. O. 5614. HARDWARE SUPPLIES. PAY FROM WAREHOUSE FUND -- 502-000-0-410-14 $2,993.05 HESCO SALES, INC. P. O. 7188. LIDS WITH RODS. PAY FROM SANITATION FUND -- 431-341-5-690-02 $1,790.23 ITRON QUARTERLY SYSTEM HARDWARE/SOFTWARE SUPPORT. PAY FROM WATER & SEWER REV. FUND -- 401-334-5-499-00 $1,121.78 JONES CHEMICALS P. O. 5654. CHLORINE FOR WATER OPERATIONS. PAY FROM WATER & SEWER REV. FUND -- 401-335-5-363-00 $2,715.00 COMMISSION JUL 19 1994 APPROVAL 19. 20. 21. 22. 23. 24. 25. JOSIAS & GOREN, P.A. $12,982.53 LEGAL REPRESENTATION - GENERAL MATTERS - $6,250.00; UNION MATTERS - 1993 POLICE CBA - $70.00; 1993 SERGEANT CBA - $40.00; 1993 LIEUTENANT CBA - $60.00; 1993 FIREFIGHTERS CBA - $1,650.70; LT. RICHARDSON - $40.00; BAYERL ARBITRATION - $40.00; JULY 1994 COSTS & EXPENSES - $149.13; VS. ANTHONY TERRY - $60.00; VS. WHITTINTON - $60.00; VS. MORISSETT (FORECLOSURE) - $491.55; VS. NORTH AMERICAN REMODELERS (FORECLOSURE) - $225.00; VS. SMITH (FORECLOSURE) - $450.55; VS. MCCLOUD - $1,252.10; ADV. MONDARIAN MORTGAGE CO. - $21.40; ADV. MROTEK - $880.70; ADV. CEDAR GROVE INV. - $150.00; ADV. DON JAEGER - $60.00; V. CITRUS GLEN - $100.00; VS. SUMMIT ASSOCIATES, INC. - $460.70; VS. ST. JUSTE (FORECLOSURE) - $430.70; VS. COOK CONSTRUCTION - $40.00 PAY FROM GENERAL FUND -- 001 - 141-5-460-18 LaRUE PLANNING & MANAGEMENT SERVICES MANAGEMENT ASSISTANCE JUNE 26, - JUNE 29, 1994 AND JULY 6, - PAY FROM GENERAL FUND -- 001-121-5-468-00 $2,775.00 JULY 7, 1994. MERICOM SYSTEMS, INC. P. O. 7215. PC's EMULATION BOARDS FOR D.P. STAFF & TRAINING ROOM. PAY FROM GENERAL FUND -- 001-133-5-670-02 $7,206.59 METZGER, SONNEBORN & RUTTER, P.A. $9,112.97 LEGAL FEES - HARP VS. CITY - $1,801.02; MILLER VS. CITY, WANDELL & DAVIS - $3,482.31; BLACKMON VS. DEMAREST - $3,829.64. PAY FROM SELF INSURANCE FUND -- 622-195-5-468-00 MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC. DEPOSITIONS. PAY FROM SELF INSURANCE FUND -- 622-195-5-468-00 $3,265.30 PEROXIDATION SYSTEMS, INC. P. O. 5582. CORROSION CONTROL CHEMICAL. PAY FROM WATER & SEWER REV. FUND -- 401-352-5-365-00 $6,055.00 ROBERTS & REYNOLDS, P.A. $69,867.73 LEGAL FEES - MILLER VS CITY - $4,338.35; CONLEY VS CITY - $6,792.98; BLOM VS CITY - $26,133.99; BERRY VS CITY - $5,867.52; COYLE VS. CITY - $91.38; TENHOEVE VS. CITY - $17,103.19; HOBECK VS. CITY $2,723.83; VARGAS VS. CITY - $1,779.87; HARP VS. CITY - $2,077.95; ROUSSEAU VS. CITY - $858.98; BLACKMON VS. CITY - $2,099.69. PAY FROM SELF INSURANCE FUND -- 622-195-5-468-00 COMMISSION JUL 19 ]994 APPROVAL 26. 27. 28. 29. 30. 31. 32. 33. 34. SOUTH CENTRAL REGIONAL WSTWTR TRTMNT & DISPOSAL BD. $169,669.79 USER CHARGES FOR JUNE 1994. PAY FROM WATER & SEWER REV. FUND -- 401-353-5-490-09 SLUDGE MODIFICATIONS ~ 3 INSCHO KIRLIN; REUSE WATER. PAY FROM UTILITY GENERAL FUND -- 403-000-0-691-20 - $350.00 403-000-0-691-22 - $9,326.50 TARE LAWN MAINTENANCE P. O. 5781. LANDSCAPE CONTRACT. PAY FROM GENERAL FUND -- 001-722-5-430-15 $4,014.00 TUTTLES DESIGN AND BUILD, INC. P. O. 7254. WOOLBRIGHT ROAD MEDIANS. PAY FROM FEDERAL GRANTS -- 105-722-5-635-03 $49,246.91 VALUE RENT-A-CAR P. O. 5673. CAR RENTAL. PAY FROM MISC. TRUST FUND -- 691-000-1-691-20 $1,485.00 WITTEK GOLF SUPPLY CO. P. O. 7379. DRUMS & BEARINGS. PAY FROM GOLF COURSE REV. FUND -- 411-725-5-381-00 $1,094.00 XEROX CORPORATION P. O. 5720. LEASE PAYMENTS, MAINT. ON COPIERS. PAY FROM GENERAL FUND -- 001-194-5-422-00 $1,909.84 ROCKLAND CONSTRUCTION $195,820.20 P. O. 6157. SITE IMPROVEMENTS AT BOYNTON LAKES AND MEADOWS PARK. PAY FROM PUBLIC SERVICE TAX CONSTRUCTION -- 301-722-5-634-07 - $63,159.30 301-722-5-634-08 - $65,985.30 P. O. 7163. RECONSTRUCTION/REPAIR OF OCEANFRONT PARK AND BEACH BOARDWALK. PAY FROM REC & MUNICIPAL BEACH IMPR. FUND -- 303-721-5-640-36 - $66,675.60 SOLID WASTE AUTHORITY OF PALM BCH. COUNTY P. O. 5574. GARBAGE AND TRASH DISPOSAL. PAY FROM SANITATION FUND -- 431-341-5-690-01 $104,828.60 UTILITY SERVICES INC. P. O. 7241. REHABILITATION AND MODIFICATION TO LIFT STATION #801. PAY FROM W & S UTILITY REV. FUND -- 421-000-0-691-21 $28,350.00 4 COMMISSION JUL 19 '1994 APPROVAL 35. VERTI-KING, INC. $4,825.00 P. O. 7216. VERTI-CUT FAIRWAYS & DRIVING RANGE - 34 TOTAL ACRES. PAY FROM GOLF COURSE REV. FUND -- 411-726-5-499-00 These bills have been approved and verified by the department heads involved. Checked and approved for payment. I therefore recommend payment of these bills. ~r Carrie Parker, City Manager 5 COM VI SS]ON JUL 19 1994 APPROVAL [:~:,,~~. ~ APPROVAL OF BILLS .EXTENSION: ~ I DIRECT PAYMENT REQ. UISIT~ON' P~lease issue a check in the amount of $ 1005,00 Gee & Jenson PO Box 24600 ~st Palm Beach~ FL 33416-4600 VENDOR NO. 07142 FOr: Oceanfront Park Improvements - Invoice# 28143 for professional services fOr the period ending May 27~ 1994. Requested by Approvals: Dept. Head Finance Dept. C, Manager xc: Bill DeBeck Date June 29. 1994 FUND DEPT BAS IC ELE OBJ AMOUNT 303 721 5 463 09 1005 00 TOTAL COMMiSSiON JUL 19 1994 APPROVAL GEE & JEI'd~SON Engineers-Architects- Planners, Inc. PLEASE REMIT TO P.O. Box 24600 West Palm Beach, FL 33416~600 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: MR. CHARLES FREDRICK '~UNE 15, 1994 fl~OICE NO. 28143 PROJECT NO. 93-306.00 FOR: OCEANFRONT PARK IMPROVEMENTS PROFESSIONAL SERVICES FOR THE PERIOD ENDING MAY 27, 1994 TOTAL FEE 28,800.00 PHASE % OF FEE FEE % COMPLETE PRELIMINARY DESIGN CONSTRUCTION Jl.]# 28'. i' ,.4¢ '''''''' 4,400.00 100 17,700.00 100 6,700.00 15 TOTAL EARNED PREVIOUS FEE BILLING CURRENT FEE BILLING FEE EARNED 4,400.00 17,700.00 1,005.00 23,105.00 22,100.00 1,005.00 TOTAL THIS INVOICE $ 1,005.00 COMMISSION JUL j 9 1994 pUBLIC WORKS DEPT~. WE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FAIR LABOR STANDARDS ACT OF 19~8, AS AMENDED. ~aghy McDeav~%~ DIRECT PAYMENT REQUISITION ' Please issue a check in the amount of $ 1005.00 ~ GAe & Jenson PO Box 24600 West Palm Beach FL 33416-4600 VENDOR NO. 07142 For: Oceanfront Park Improvements - Invoicef! 28143 for professional services for the Deriod en~ng May 27~ 1994. Requested by ~ Date June 29, 1994 Approvals: Dept. Head Finance Dept. ity Manager xc: Bill DeBeck FUND DEFT BASIC! ELE OBJ AMOUNT 303 721 5 463 09 .,, 1005 00 ', TOTAL JUL ! 9 ]gcO4 AJ:'Pfi;OYAL COMMISSION GEE & JENSON Engineers-Architects- Planners, Inc. PLEASE REMIT TO P.O. Box 24600 West Palm Beach, FL 33416-4600 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: MR. CHARLES FREDRICK JUNE 15, 1994 INVOICE NO. 28143 PROJECT NO. 93-306.00 FOR: OCEANFRONT PARK IMPROVEMENTS PROFESSIONAL SERVICES FOR THE PERIOD ENDING MAY 27, 1994 TOTAL FEE PHASE PRELIMINARY DESIGN CONSTRUCTION % OF FEE 28,800.00 FEE 4,400.00 100 17,700.00 100 6,700.00 15 TOTAL EARNED PREVIOUS FEE BILLING CURRENT FEE BILLING % COMPLETE FEE EARNED 4,400.00 17,700.00 1,005.00 23,105.00 22,100.00 1'005.00 TOTAL THIS INVOICE $ 1,005.00 COMMISSION JUL 19 ]994 APPROVAL WE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED.