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Minutes 04-19-94I~INUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTOH BEACH, FLORIDA, ON TUESDAY, APRIL 19, 1994, AT 6:30 P,M. PRESENT Edward Harmening, Mayor Lynne Matson, Vice Mayor Matt Bradley, Mayor Pro Tem David Katz, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Mayor E~ward Harmenlng B. Invocation - Rev, Randolph M, Lee - St, John's Baptist Church C. Pledge of Allegiance to the Flag led by Vice l~m,vor Lynne Matson Mayor Harmening called the meeting to order at 6:30 p.m. Because of his daughter's illness, Reverend Lee was unable to attend. Therefore, there was a moment of silent prayer, followed by the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Pro Tem Bradley added Item B.2 under IX-New Business. This will be a discussion on "City Commission Communications with Department Heads". Vice Mayor Matson added two items under IX-New Business. Item A.2 will be "Smart Phones", and A.3 will be "Massage Parlor". City Manager Miller added Item C under IX-New Business. This item will be "Directions '94 Funding". This item is associated with the Palm Beach County League of Cities. City Manager Miller requested Item B.3 under VII-Development Plans, "Boston Chicken", be tabled until the May 3rd meeting. Attorney Cherof added two items under X-Legal. Item D.3 will be "Request for Executive Session Regarding Labor Contract", and Item D.4 will be "Finizio vs. the City of Boynton Beach Lawsuit". 2. Adoption Vice Mayor Matson moved to approve as amended. Mayor Pro Tem Bradley seconded the motion, which carried unanimously. II. ADMINISTRATIVE: A. Appointments to be m~de: Appointment Reg/ To Be Made Board Att II Bradley Education Advisory Bd. Alt III Aguila Com. Redev. Advisory Bd. Reg Mayor Harmening Golf Course Advisory Comm. Alt I Katz Planning & Development Bd. Alt Length of Term Expiration Date Term expires 6/94 TABLED Term expires 8/96 TABLED Term expires 6/96 TABLED Term expires 4/95 TABLED - 1- MII~UTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 III Aguila IV Matson II Bradley I Katz III Aguila IV Matson Mayor Harmening I Katz II Bradley II Bradley IV Matson Mayor Harmening Mayor Harmening I Katz Board of Adjustment Alt Code Enforcement Board Alt Board of Adjustment Alt Bldg. Bd. of Adj. & Appeals Alt Cemetery Board Alt Children & Youth Advisory Reg Children & Youth Advisory Reg Children & Youth Advisory Alt Children & Youth Advisory Alt Library Board Alt Nuisance Abatement Board Reg Nuisance Abatement Board Alt Employees' Pension Board Reg Education Advisory Board Reg Term expires 4/95 TABLED Term expires 9/94 TABLED 2 yr term to 4/96 TABLED 1 yr term to 4/95 TABLED ! yr term to 4/95 2 yr term to 4/96 2 yr term to 4/96 TABLED 1 yr term to 4/95 TABLED 1 yr term to 4/95 TABLED 1 yr term to 4/95 TABLED 2 yr term to 4/96 TABLED 2 yr term to 4/96 TABLED 2 yr term to 4/96 TABLED Term expires 6/94 TABLED Motion Commissioner Katz moved to remove all tabled appointments from the table. Vice Mayor Matson seconded the motion, which carried unanimously. Mayor Pro Tem Bradley tabled his Alternate appointment to the Education Advisory Board. All of Commissioner Aguila's appointments were tabled due to his absence. Mayor Harmening tabled his Golf Course Advisory Committee appointment. Commissioner Katz appointed Dan Winters as an Alternate member of the Planning and Development Board. Vice Mayor Matson tabled her Code Enforcement Board appointment. Mayor Pro Tem Bradley tabled his Board of Adjustment appointment. Commissioner Katz tabled his Building Board of Adjustment and Appeals appoint- ment. Vice Mayor Matson tabled her Children and Youth Advisory Board appointment. Mayor Harmening tabled his Children and Youth Advisory Board appointment. Commissioner Katz appointed Oame$ Lee Jubellrer as an Alternate member of the Children and Youth Advisory Board. Mayor Pro Tem Bradley tabled his Children and Youth Advisory Board appointment. Mayor Pro Tem Bradley tabled his Library Board appointment. Vice Mayor Matson appointed Reverend Tom Newton as a Regular member of the Nuisance Abatement Board. Mayor Harmening tabled his Nuisance Abatement Board appointment. Mayor Harmening tabled his Employees' Pension Board appointment. -2- MINUTES- REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 Commissioner Katz appointed Marshall Frtedland as a Regular member of the Education Advisory Board. At Commissioner Katz' request, there was a consensus of the Commission to permit this Board appointment to run to June, 1995. Mr. Friedland must now submit his resignation from the Community Relations Board. Be Task Order #23 for CH2M Hlll- Master Lift Station #317 located west of the intersection of Congress Avenue and Boynton Beach Boulevard ,,,, TABLED City Manager Miller stated this item will remain on the table. At this point, Attorney Cherof advised that the Commission had one (1) addition- al Board appointment which required ratification. At the last Commission meet- ing, Commissioner Aguila made a motion which requires confirmation by individual vote. Mayor Harmening suggested considering Commissioner Aguila's previous motion null and void, and requested a new motion be made. Motion* Commissioner Katz moved to appoint Fawn Bradley to the Children and Youth Advisory Board. Vice Mayor Matson seconded the motion. Mayor Pro Tem Bradley advised that he would abstain from voting stating the "Anti-nepotism Statute". (A Memorandum of Voting Conflict is on file in the City Clerk's Office.) The vote carried 3-0. *Please see Public Audience portion of these minutes where Mrs. Bradley clarified that her request was to be a member of the Community Relations Board, not the Children and Youth Advisory Board. Mayor Harmening apologized for the error and asked that the record reflect the correction of her appointment to the Community Relations Board. C. Computer network system for the Police Department (inventory, train- ing, internal affairs, court liaison, employee file modules, otc,) Motion Mayor Pro Tem Bradley moved approval of the computer network system for the Police Department. Vice Mayor Matson seconded the motion, which carried 4-0. D. Consideration to approve additional Recreation Specialist at Hester Community Center Motion Commissioner Katz moved to approve. Vice Mayor Matson seconded the motion, which carried 4-0. -3- MIHUTES - REGULAR CITY CONMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 E. Change Order #1 - Rockland Construction Company - Boynton Lakes Park (Lake Banks) City Manager Miller advised that this Change Order has been further reduced to $5,181. The homeowners will be contributing their share for the sod which amounts to $3,348. In response to Vice Mayor Matson's question regarding the cost for the joint partnership with Watersedge, City Manager Miller stated it was approximately $8,000 to $10,000. Motion Mayor Pro Tem Bradley moved to approve Change Order #1 for Rockland Construction Company in Boynton Lakes Park in the amount of $5,181. Vice Mayor Matson seconded the motion, which carried unanimously. III. CONSENT AGENDA: A. Nlnutes: 1. Regular City Commission Neetln9 Minutes of April 5, 1994 Mayor Harmening requested a correction to Paragraph 8 of Page 13. It should read, "...however, the $250 was not part of the bid package." B. Bids - Recommend Approval - All expenditures are approved in the 1993-94 Adopted Budget 1. Surplus Sale of Miscellaneous Items The Tabulation Committee recommends awarding the bid to the highest bidders. The purpose of this bid was to dispose of old, obsolete items no longer of any value to the City and no longer being utilized by the various departments. All vendors have met the required specifications. The total collected from this sale was $689.69. 2. Aquatic Week Control Services The Tabulation Committee recommends awarding the bid to Lake & Wetland Manage- ment, Boynton Beach, Florida, in the annual contract amount of $9,900. Arbor Tree submitted a proposal of $7,740, but that does not include labor costs as specified in the bid specifications. Upon further investigation, the environ- mental manager employed to apply all of the chemicals does not have the required experience. Lake & Wetland Management is the second lowest bidder meeting all required spec- ifications. Department research and checking of references has determined Lake & Wetland to be the most responsive, responsible bidder. 3. Piggyback City of Pompano Beach Bid for Annual Supply of Water Meters As outlined in the Purchasing Agent's memorandum to City Manager Miller dated April 13, 1994, Purchasing recommends approval to piggyback the City of Pompano -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 Beach's contract for Water Meters, Bid #K-23-93. The Contract duration period will be for one {1) year covering from April 4, 1994 through April 4, 1995. The City of Pompano Beach awarded the Contract to Schlumberger Industries for the Neptune Meters. Southeastern Municipal Supply of West Palm Beach, Florida is the local stocking distributor for this bid. Schlumberger and Southeastern Municipal have agreed to extend the same terms and conditions to the City of Boynton Beach. The Utilities Department utilized the City of Ft. Lauderdale's Water Meter bid last year. After extensive research, it was discovered that the City of Pompano's bid offered the best net cost pricing for the same name brand meter. Funds are available in 401-333-5-387-00 in the amount of $50,000. 4. Renewal of Annual Supply of Blended Polyphosphates As outlined in the Purchasing Agent's memorandum to City Manager Miller dated April 14, 1994, Purchasing concurs with the Utility Department's recommendation to extend the Bid for the Annual Supply of Blended Polyphosphates for an addi- tional year on an "as needed basis". The awarded vendor is Shannon Chemical Corporation of Malverne, Pennsylvania. This contract is to be extended with the agreement that the terms, conditions and proposal prices remain the same. Shannon Chemical Corporation, the awarded vendor, has performed satisfactorily with no problems. Funds are available in Account #401-335-5-365-00 in the amount of $60,000. C. Resolutions: Proposed Resolution No, R94-$G Re: Authorize execution of agreement between the City of Boynton Beach and the State of Florida, Department of Environmental Protection, reference development of Mangrove Park ® Proposed Resolution No, R94-67 Re: Authorization to direct staff to apply for the Children's Services Council Grant (Latchkey Program} for FY 1994/95 e Proposed Resolution No, R94-6B Re: Authorization to direct staff to apply for the Children's Services Council Grant {Recreation, Athletics & Police} for FY 1994/95 Proposed Resolution No, R94-$9 Re: Authorization to direct staff to apply for the Children's Services Council Grant {Juvenile First Offender) for FY 1994/95 Proposed Resolution No, R94-70 Re: Authorize submission of grant request to Florida Inland Navigation District for the Downtown Mangrove Park D. Approval of Bills A copy of these bills is attached to the original minutes of this meeting on file in the City Clerk's Office. -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 E. Payment of Bills - March, 1994 A copy of these bills is attached to the original minutes of this meeting on file in the City Clerk's Office. F. Approve Budget Transfer Request appropriating funds for the north boundary fence at Hester Park As outlined in Finance Department Memorandum No. 94-032, authorization is requested to make the necessary Budget Transfer to cover the cost of this item. G. Approve request for refund on Cemetery Lots 5B9 A & B, Block N, Boynton Beach Memorial Park As outlined in City Clerk Sue Kruse's Memorandum No. 94-47, Bernard and Emma Neimann request a refund on these Cemetery lots since they have purchased space in the Boynton Beach Mausoleum. H. Approve disposal of records - City Clerk's Office As outlined in Memorandum No. 94-51, the State has approved Records Destruction Request #270. I. Receive and File Departmental Activity Reports Motion Vice Mayor Matson moved to approve the Consent Agenda as presented, with the correction to Page 13 of the minutes. Commissioner Katz seconded the motion, which carried 4-0. IV. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 1. Proclamations: a. Girl Scout Leader's Day - April 22, 1994 Mayor Harmening read a Proclamation declaring April 22, 1994 as Girl Scout Leader's Day. b. D,A,R,E, Day - April 21, 1994 Mayor Harmening read a Proclamation declaring April 21, 1994 as D.A.R.E. Day. B. Presentations: 1. Presentation by Boynton Beach Advisory Board on Children & Youth to the Teen Advisory Board for Spike (Teen Newspaper) in conjunc- tion with National Youth Service Day On behalf of the Advisory Board on Children and Youth, Angola Glrtman recognized the teen board members of "Spike", the newspaper published for and by teens in Palm Beach County, and its founder, Pamela LeClair. -6- NINUTES - REGULAR CITY COMMISSION NEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 Under the leadership of Ms. LeClair, this group of teens created an avenue for teens in Palm Beach County to express themselves, share ideas, and to be heard. The young people who write for the newspaper are teenagers who are dedicated to the task they have taken on, and are making a success of this project. The Advisory Board on Children and Youth thanked them for their efforts and encour- aged them to continue. Ms. Girtman presented Ms. LeClair with the Certificates of Commendation for herself and the forty-five people who work on "Spike" in conjunction with Youth Service Day 1994. Pamela LeClalr expressed her appreciation on behalf of the youths. She said the young people are very proud that they have earned the respect of the community in their efforts. She thanked all for the support and well wishes. At this point, Mayor Harmening became aware of the presence in the audience of some Girl Scouts. He invited them forward to receive a copy of the Proclamation he had read earlier. Mayor Harmening also presented two (2) D.A.R.E. Officers with a copy of the Proclamation he read regarding D.A.R.E. Day. V. BIDS: Purchase and Installation of software and hardware system for the office of the Pension Administrator - consideration of awarding bid to Computer Software & Lan's - Ellen A, Schaffer of Coral Springs, FL, and authorization to execute contract (Proposed Resolution No. R94-57) ,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,, TABLED Notion Vice Mayor Matson moved to remove this item from the table. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. Mayor Harmening advised that this purchase will involve a one-third payment by the Employees' Pension Fund, one-third payment by the Police Pension Fund, and one-third payment by the Firefighters' Pension Fund. Notion Commissioner Katz moved to approve. Vice Mayor Matson seconded the motion, which carried 4-0. Notion Vice Mayor Matson moved to approve Proposed Resolution No. R94-57 in the amount of $47,150. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. Be Ball Retrieval/Nine Lakes at Nunlclpal Golf Course - Consideration of awarding bid to International Golf, Inc, of Oeerfleld Beach, FL, and authorization to execute contract (Proposed Resolution No. R94-71) Notion Vice Mayor Matson moved to approve Proposed Resolution No. R94-71 not to exceed $12,110. Commissioner Katz seconded the motion, which carried 4-0. -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 Woolbrlght Road Median Landscape - Consideration of awarding bid to Turtle's Destgn Build, Inc,, and authorization to execute contract (Proposed Resolution No, R94-72) Motion Commissioner Katz moved to approve Proposed Resolution No. Rg4-72 not to exceed $62,943.40. Vice Mayor Matson seconded the motion, which carried 4-0. VI. PUBLIC HEARING: Project Name: Owner: Location: Description: Adult Care Residence of Boynton Beach, Inc, (fka Praxis ACLF) Carl Lindner 1613 SW 3rd Street CONDITIONAL USE: Request for an amended conditional use approval to construct a 1,747 square foot addition and increase the density of the existing adult congre- gate living facility by three {3} beds. Tambri Heyden, Acting Planning and Zoning Director, made the presentation. This facility is located at the southeast corner of Woolbright Road and 1-95. It is zoned R-3 and the use is permitted in the district, subject to conditional use approval. The addition will include space for administrative areas, a medical treatment room and a visitation room as well as a three-bed addition. The number of beds in the existing facility will be increased from thirty-two (32) beds to thirty- five (35) beds. A Community Design Plan appeal has also been requested and will be heard later in the meeting. The following are the surrounding land uses: North - (across Woolbright Road) - single-family homes zoned R-l-AA; East - Little League Park; South - existing multi-family development known as High Point West zoned R-3; and West - 1-95 right-of-way. The various standards the City Commission must evaluate for a conditional use request include ingress/egress, parking, loading spaces, landscaping, buffers, refuse, utilities, signage and lighting. With regard to ingress/egress, no changes are being made. Existing parking, the dumpster, loading space and existing utilities are adequate to serve the addi- tion. Landscaping exeeds the Code and will provide buffering for the facility to the south. The light fixtures will not present a problem to the structures to the south. The Board of Adjustment approved a variance for the reduction of the rear setback from 40' to 32'. Staff feels the use is generally compatible with adjacent properties including High Point West. The Planning and Development Board unanimously recommended -8- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 approval of the request subject to staff comments. The Board further recom- mended that three {3) existing Australian Pines be removed and the proposed Acacia trees be swapped for native specie trees of comparable size. Motion Mayor Pro Tem Bradley moved to accept the conditional use for the addition to the Adult Care Center as proposed, subject to all staff comments. MAYOR HARMENING ANNOUNCED THE PUBLIC HEARING, AND ASKED FOR COMMENTS IN SUPPORT OF THIS PROJECT. Carl Lindner, President of Adult Care Facilities, said this facility has been in operation since 1985 with thirty-two {32) beds and one {1) respite bed. The facility was lacking the visitation room, medical examination room and admin- istrative offices. Since equity has built up, he decided to reinvest in the building to provide additional services for the residents. By squaring off the building, there is now room for four {4) additional beds. The current density permits thirty-five {35} beds plus one {1} respite. He is seeking thirty-eight {38} beds, which will be the maximum capacity. Mayor Harmening advised Mr. Lindner that the Commissioners were aware of these facts since they were included as part of the back-up material provided in the agenda packet. In response to Commissioner Katz' question regarding the swapping of the Acacia trees for trees of a native species, Mr. Lindner advised that the trees were put in place at the request of the Community Appearance Board when the original landscape plan was submitted. Mr. Lindner advised that it will now be necessary for him to add additional screening since the State recently removed a large amount of the existing screening. Mr. Lindner does not want to remove the Acacia trees. Commissioner Katz advised that the Planning and Development Board's recommenda- tion was for the removal of the Australian Pines and the swapping out of the Acacia trees. Mr. Lindner intends to remove the Australian Pines which are dead and planned to trim the Australian Pines which encroach the abutting properties. Mr. Lindner said he cannot afford to give up screening trees. He would like an opportunity to speak with the Forester to see what can be done to replace the screening which was removed by the State. Mayor Harmening explained that the removal of the screening by the State is the same situation which occurred on Diane Drive. A noise wall will be built in both areas. Mr. Lindner stated he would not hold up the project for seven (7) Acacia trees. Gene Scholze~ 445 North Boulevard in High polnt~ said the Planning and Develop- ment Board's recommendation was for the removal of all of the Australian Pines. He said there are at least six trees; one which is dead, and four or five over- hanging the property line. He requested all of the trees be removed. Ms. Heyden advised that there are twelve (12) Australian Pines on the property. A resident from 435 North Boulevard had no objection to the project; however, when the digging begins to remove the trees, she requested care be taken since the condominiums suffered cracks toward the roof the last time this was done. She pointed out that the trees should be removed because they are very tall, very dead and look hideous. -9- MINUTES - REGULAR CITY COI~ISSION MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK IN OPPOSITION OF THIS APPLICATION. Vice Mayor Matson seconded the motion, which carried unanimously. VII. PUBLIC AUDIENCE: Fawn Bradley, 1051 Coral Drive, corrected an error which was made in the motion appointing her to the~'~ildren and Youth Advisory Board. She stated that her request was to serve on the Corrmunity Relations Board, not the Children and Youth Advisory Board. Mayor Harmening asked that the record reflect the fact that her appointment should be on the Community Relations Board. Cynthia Greenhouse~ 618 NE 20th Lane~ suggested the City Commission consider appointing Wilfred Hawkins as Interim City Manager since he has his finger on the pulse of the City. Lloyd Powell~ agent for Alpine Seven Company, 1112 North Federal Hlghway~ asked for support"in opposing the rec~uction of N6rth Federal Highway from George Bush Boulevard to the Canal. Mayor Harmening advised that he expressed many reservations about this proposal at the public hearing yesterday. Although this is an agenda item, Wilfred Hawkins felt it necessary to advise the Commission immediately that in response to Ms. Greenhouse's suggestion, "no thank you, he is not interested". Evelyn Olavarria, of 131Mentone Road~ expressed concern about the crime in her neighborhood. She has learned that there is only one Police Officer patrolling her area. She is concerned about the safety of the community and the fact that the Police Officers have also voiced their concern. City Manager Miller asked Chief Dettman to speak with Mrs. Olavarria. Mayor Harmening explained that although she is free to call the Boynton Beach Police Department, the Palm Beach County Sheriff's Office has primary jurisdiction in that area. VII. DEVELOPMENT PLANS: A. CONSENT AGENDA - UNANIMOUSLY APPROVED BY PLANNING & DEVELOPMENT BOARD Project Name: Agent: Location: Description: Quail Run Villas {aka Quail Lake West Phases II & III) Michael Corelli South of the intersection of SW 26th Street and Woolbright Road NEW SITE PLAN: Request for approval to construct forty-two {42) clusters of townhouses for a total of 176 dwelling units on platted lots. Motion Vice Mayor Matson moved to approve Quail Run Villas Phases II & III, south of the intersection of SW 26th Street, a new site plan to request approval to construct forty-two {42) clusters of townhouses for a total of 176 dwelling units on platted tots, subject to staff comments. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. - 10 - MIHUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 B. NON-CONSENT AGENDA - NOT UNANINOUSLY APPROVED BY PLANNING & DEVELOP- NENT Project Name: Agent: Location: Description: Adult Care Residence of Boynton Beach, Inc, (fka Praxis ACLF) Carl Lindner 1613 SW 3rd Street COMMUNITY DESIGN PLAN: Request for relief from Article V - Community Design Plan, Appendix II(b) modifications to existing projects. Ms. Heyden made the presentation and explained that modifications to existing projects are treated differently from new projects in order to be more practi- cal. In this case, the Community Design Plan requires compliance with the roof element and three (3} of the architectural features. The applicant has complied with the wall treatment. The Planning and Development Board unanimously recom- mended approval of the design as submitted by the applicant. Staff had recom- mended that the Planning and Development Board grant relief for the roof material and deny the request for relief from the architectural features. Mayor Harmening feels it would be superfluous to require these changes since the building blends very well with the buildings to the south. Motion Vice Mayor Matson moved to approve the request for relief from Article V - Community Design Plan, Appendix II(b) modifications to existing projects for Adult Care Residence of Boynton Beach, Inc., formerly known as Praxis, 1613 SW 3rd Street. Commissioner Katz seconded the motion, which carried 4-0. Project Name: Agent: Location: Description: Quail Run Villas {aka Quail Lake West Phases II & III) Michael Covelli South of the intersection of SW 26th Street & Woolbright Road LANDSCAPE CODE: Request for approval to plant required common area landscaping on single-family platted lots. Ms. Heyden explained that this request is in connection with the Site Plan request and it is for relief from a requirement of the Landscape Code which requires that common area trees be planted on common areas. The applicant is proposing to supply all of the required trees plus a surplus of trees; however, because of the size of the common area, there is too little plantable area to accommodate all of the trees in the common areas. Another concern expressed by staff regards insurances that the landscaping is retained and maintained properly in the future. The Planning and Development Board recommended approval subject to either deed restrictions or landscape easements. The opinion on which method to use was left to the City Attorney who was to review the deed restrictions and make a recommendation. Further, the Board recommended swapping out some of the landscape species for native species. Attorney Cherof recommended that the City rely on an easement rather than the restrictive covenants. - 11 - NI'NUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORTDA APRIL 19, 1994 Notion Vice Mayor Matson moved to approve Quail Run Villas' request for approval to plant required common area landscaping on single-family platted lots south of the intersection of SW 26th Street and Woolbright Road, and that they rely on easements rather than deed restrictions, and subject to staff comments. Commis- sioner Katz seconded the motion, which carried 4-0. e Project Name: Agent: Location: Description: Boston Chicken Anna Cottrell 1755 N. Congress Avenue - Catalina Centre MAJOR SITE PLAN MODIFICATION: Request for approval of an amended site plan to convert an existing bank building into a restaurant, including changes to site layout and design. Notion Vice Mayor Matson moved to place this item on the table. Commissioner Katz pointed out that there were people present in the audience who wished to speak on the Charter Amendment/Civil Service. He requested that item be moved up on the agenda. A determination was made that the request was not acceptable. Commissioner Katz seconded the motion, which carried 4-0. C. OTHER: 1. Code review of motel/apartment definition Ms. Heyden explained that this item was submitted as a result of a site plan application for apartments which were 500 square feet and do not meet the mini- mum required apartment size. Because of the zoning district and the type of usage proposed, it was staff's interpretation that this was a motel/apartment. Because of the limitation of the number of units which may contain kitchen facilities, this project could not go forward without a Code change or a number of variances. Ms. Heyden stated that in reviewing parts of the Zoning Code, it appeared that at some point in time, the apartment/efficiency definition was removed. This has not been substantiated through the City Clerk's Office, but there is a sug- gestion this took place. Ms. Heyden feels it was removed to discourage this type of development. Mayor Harmening agreed and felt this type of development does not lend itself well to most neighborhoods. Ms. Heyden advised the Commission that their choices would be to either not change the Code which would force the applicant to go through the variance pro- cedure or change his product to a larger unit, or direct staff to change the Code to include the use in the C-3 zoning district, or create a hybrid of the R-3/C-3 zoning district. Mayor Harmening stated he would not be in favor of changing the Code and would also not be in favor of granting a variance. - 12- H]HUTES - REGULAR CITY COMMiSSIOM MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 Burton Metsch~ applicant, said this is a motel use in an area where this motel is a permitted use. He is requesting the ability to put up a motel-type use which is more modern in that there are kitchens in the units. This project does not have the exposure that a motel on Federal Highway would have. In order to make this project successful, it is necessary to make it a longer-stay facility. The rear of the property is on the railroad and it does not lend itself to an apartment-type use. Mr. Metsch does not feel this would be a detriment to the neighborhood, and thinks it might help revive the area. This is designed as a motel where people can have a longer stay because they can cook in the unit. Mr. Metsch pointed out that he is now permitted to have kitchens in 30% of the units. He is seeking approval for kitchens in 100% of the units. Maurice Rosenstock~ I Villa Lane~ feels that although it is important to increase the tax base of the City, this type of project should not be allowed to accomplish that. Apartments cause the greatest amount of Police problems, require more fire protection, hospital usage and roadway usage than an industrial use. This project will degenerate from an apartment use which is long term, to a transient-type population. Mr. Rosenstock is opposed to this type of project. Mr. Metsch reiterated that the total number of units is thirty-nine (39). He is now permitted thirteen (13) kitchens and is requesting permission to add twenty- six (26) additional kitchens. Vice Mayor Matson said she has seen the City of Hollywood along A1A deteriorate because of this particular item. She has a problem with it only because if kitchens are added, it is no longer a resort motel. It becomes a place for transients. In response to a question from Commissioner Katz, Attorney Cherof advised that the Commissioners did not have to take any action whatsoever if they chose to let the Zoning Code stay as is. IX. NEW BUSINESS: A. Items for discussion requested by Vice Mayor Lynne Natson: 1. Appointment of Interim City Manager Vice Mayor Matson pointed out that it is important to get on with day-to-day business now that the City Manager has submitted his resignation. She feels a City Manager should be appointed, because there is no such thing as an Interim City Manager. The City Manager is hired at will and fired at will by the Commission. She requested input from the Commission. Commissioner Katz had a problem making a decision on such an important matter without a full Commission present. Furthermore, he felt an Interim City Manager should be appointed and the position of City Manager should be advertised. Motion Vice Mayor Matson moved to appoint Carrie Parker City Manager. Mayor Pro Tem Bradley seconded the motion. - 13- MINUTES - REGULAR CITY COI(4ISSION MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 Commissioner Katz stated he would not support the motion unless it is an Interim City Manager appointment. Harry Harcuss 650 Horizons Easts said he was happy that the agenda item was the Appointment of Interim City Manager. He feels he is qualified to make a recom- mendation in this regard because of his experience in dealing with executives. He feels that for the normal routine of continuing City business, there should be very little disruption and Ms. Parker is qualified to do that. Throughout the years he has known Ms. Parker, he has had many discussions with her. She has been very willing to listen and learn. He highly recommends her appointment as Interim City Manager because of the way in which she conducts herself, the way she reads and interprets the Code, and the way she feels about the business of running the City. John Martln~ 323 SW 11th Avenues spoke as a citizen of Boynton Beach. He was distressed that Scott Miller chose to leave the City's employ since the City has benefited from his presence. Many times, change brings dismay and disruption. The City has an opportunity to make a decision on a permanent City Manager. It is not necessary to go through upheaval, cost and the time consumption involved searching for a new City Manager when there is already someone here who can very capably and intelligently handle the position. He supports Carrie Parker's appointment as City Manager and encouraged the Commission to do the same. Vice Mayor Matson said she thought long and hard about this situation and real- izes that Ms. Parker worked on the budgets, has been brilliant in Union nego- tiations and is strong. It would be unconscionable for her to go into the position of Interim City Manager because it would bring upheaval. It would be wrong to leave the City understaffed when it is about to enter the budget pro- cess. Ms. Parker needs to be in the position and must feel secure in her job. It would be wrong to search for a new City Manager when we have someone already here who deserves an opportunity. Harry Marcus reiterated that Ms. Parker should be placed in the position of Interim City Manager. If Ms. Parker applies for the permanent position, she should express her qualifications. This is an important question and not one of friendship. Although he supports Ms. Parker, he feels this decision is prema- ture. He feels Ms. Parker must submit to scrutiny with regard to her abilities, knowledge of labor law and relationships with people. Henrietta Solomon~ 230 NE 2$th Avenue~ feels Ms. Parker is very qualified. She does not feel a search will produce any applicants better qualified than Ms. Parker. She wondered why the Commission would go out of its way to search for someone else when this City already has the best in Ms. Parker. She urged the Commission to support the appointment let the City get on with business. Eddie Mitchell, 329 NE 12th Avenue, feels the Assistant City Manager should not be used for the purpose of trying to finish or prepare the budget for next year. That would be unfair. This City has already been disrupted. He supports the appointment of Ms. Parker as permanent City Manager. The motion carried 3-1. (Commissioner Katz cast the dissenting vote.) Mayor Harmening advised that this appointment is not official. The appointment will be made by Resolution at the next meeting. Compensation will also be fixed by Resolution. - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 2. ~rt Phones Vice Mayor Matson reminded the Commission of her past discussions of the problems at Seacrest Boulevard and Martin Luther King, Jr. Boulevard. While attending a function a week ago, Vice Mayor Matson asked someone to watch the telephones outside the E-Z Mart. In the course of 2½ hours, twenty telephone calls were received. She requested a consensus of the Commission to have the telephones in front of Robert's Restaurant, E-Z Wash Car Wash and E-Z Mart Supermarket turned into Smart Phones, with or without the owners' approval. Smart phones will permit outgoing telephone calls, but incoming calls will not be received. Vice Mayor Matson feels a great deal of the drug activity will be eliminated at these phone sites. Consensus There was a consensus of the Commission to inform the telephone company that the Commission acted on this item. 3. Massage Parlor Vice Mayor Matson advised that prostitutes have returned to Federal Highway since the opening of the Massage Parlor in Yachtsmans Plaza. There has been a great deal of activity in cars behind the Massage Parlor and she has received calls from residents in the area. Chief Dettman said the Police Department is aware of the situation and made two arrests yesterday. The Police Department is taking measures to correct the situation. B. Items for discussion requested by Mayor Pro Tem Matt Bradley: 1. Participation on Poinciana Steering Committee Mayor Pro Tem Bradley requested permission from the Commission to continue his participation on this Committee. He will bring back information he receives. There was no opposition to his request from the Commission. 2. City Commission Communications with Department Heads Mayor Pro Tem Bradley asked Commissioner Katz for an explanation on why the City Manager was not notified about his request to the Personnel Department. Commis- sioner Katz stated that as a Commissioner and/or resident of this City, he has a right to ask for information and that is what he did. Vice Mayor Matson asked for clarification on asking a question or directing an employee to collate information which would take time out of the work day. Attorney Cherof advised that the Charter distinguishes between the two. It addresses a request for information, and it addresses requesting an employee of the City to provide information which requires some preparation or extra work. The employee knows when the information is readily available and when it will require additional work. Any information requiring preparation, study or com- pilation of figures should be processed through the City Manager's Office. - 15- HINUTE$ - REGULAR CITY COHHISSION MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 It was agreed by the Con~nissioners that this is a gray area, but Mayor Pro Tem Bradley feels the more this is brought out into the open, the better this pro- cess can work. He feels the City Manager form of government has to be the best one since the majority of municipalities use it. However, he does not feel it works well in this City. After discussion, Mr. Sullivan confirmed for Commissioner Katz that the informa- tion he requested was secured from the Finance Department within twenty (20) to thirty (30) minutes. Mayor Harmening did not feel Commissioner Katz' request was excessive. He further had no problem with the City Manager's request that department heads inform him of requests made by Commissioners. Commissioner Katz stated that when he first became a Commissioner, City Manager Miller told him there would be no problem if he went to department heads for general information. Mayor Harmening pointed out that most of the City Manager's memos direct questions to department heads or himself. Mayor Harmening also pointed out that although many municipalities have a City Manager form of government, there are tremendous differences in the City Charters with regard to the powers of the City Manager, City Commission and Mayor. They do not give the City Manager the power to run everything. As a Commission member, he will never allow that to happen in this City. Mayor Pro Tem Bradley has a sense that a good deal of the job is not being done by City employees because the Commissioners communicate with department heads. Although he has no answers regarding how to solve this problem, he felt it should be brought forward. Commissioner Katz feels that as an elected citizen/politician, he should have the right to gather information and the City Manager will know when that is hap- pening. Commissioner Katz confirmed with Mr. Sullivan that he asked that copies of the information he gathered be sent to all of the Commissioners. Both Mayor Harmening and Vice Mayor Matson agreed that all of the Commissioners will never agree on this issue. C. Directions '94 Funding Palm Beach County Municipal League has requested a contribution of $200 from the City to offset the cost of Directions '94 to be held at Indian River Plantation. City Manager Miller requested authorization to proceed with the $200 donation. Motion Vice Mayor Matson moved to spend the money we were going to pay to South County Council of Governments to the Directions '94 Funding. Commissioner Katz seconded the motion, which carried unanimously. MAYOR HARMENING DECLARED A SHORT RECESS. X. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No, 094-7 Re: Knollwood Groves Amendment of Rezoning Development Order - 16- MINUTES ' REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 Attorney Cherof read Proposed Ordinance No. 094-7 by title only. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Vice Mayor Matson moved approval of Proposed Ordinance No. 094-7 on second and final reading. Mayor Pro Tem Bradley seconded the motion. Mayor Harmening stated that in addition to all of his comments at the previous meeting, he also feels that this is a classic case of contract zoning which is not legal. He is opposed and will vote against this Ordinance. City Clerk Sue Kruse polled the vote. The vote was 3-1. (Mayor Harmening cast the dissenting vote.) 2. Proposed Ordinance No, 094-10 Re: Amendment to the Development Order for Quantum Corporate Park Attorney Cherof read Proposed Ordinance No. 094-10 by title only. Jim Wlllard~ attorney for the applicant, advised that August Hernandez of the School Board was present in the audience. Both gentlemen received copies of the revised Ordinance and are in favor of it. THERE WAS NO NO ELSE WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Katz moved approval of Proposed Ordinance No. 094-10 on second and final reading. Vice Mayor Matson seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. B. Ordinances - 1St Reading: Proposed Or~ltnance No, 094-11 Re: Repealing Ordinance No. 79-23 in its entirety, repealing Section 18-184 (Additional creditable service for years spent on the volunteer force) of the Code of Ordinances of the City of Boynton Beach in its entirety Attorney Cherof read Proposed Ordinance No. 094-11 by title only. Morton Commissioner Katz moved approval of Proposed Ordinance No. 094-11 on first reading. Vice Mayor Matson seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. C. Resolutions: 1. Proposed Resolution No, R94-35 Re: Boynton Beach Municipal Cemetery Rules and Regulations .......................... TABLED This Resolution will remain on the table. - 17 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 e Proposed Resolution No. R94-73 Re: Authorize execution of all documents necessary to effect prior acceptance by the City of Boynton Beach of a parcel located at North Seacrest Boulevard and Gateway Boulevard Attorney Cherof read Proposed Resolution No. R94-73 by title only. Attorney Cherof advised that an asbestos study was provided by FDOT staff, but he did not review it. Mr. Hawkins reviewed the report and turned copies over to the Community Development Corporation. There is a minimal amount of asbestos on the roof shingles only. In response to Mayor Harmening's question, Mr. Hawkins stated there are no costs involved for the City. The CDC may want to do a structural analysis and discuss plans for its use. Motlon Commissioner Katz moved to approve Proposed Resolution No. R94-73. Vice Mayor Matson seconded the motion, which carried 4-0. Proposed Resolution No, R94-74 Re: Confirmation of City Manager appointment of Tambri Heyden as Planning and Zoning Director for the City of Boynton Beach Motion Commissioner Katz moved to approve Proposed Resolution No. R94-74. Vice Mayor Matson seconded the motion. Commissioner Katz stated he does not feel the City could find anyone more Boynton conscious as a Planner than Tambri Heyden. She provides both sides of the story and stands by her recommendations. The motion carried 4-0. Ms. Heyden thanked the Commission for endorsing the City Manager's recommenda- tion. She stated this is what she stands for and will not disappoint the Com- mission. Mayor Harmening assured Ms. Heyden that Commissioner Aguila would have supported her appointment. D. Other: 1. Code Enforcement Llen Reduction - ~awhar N, Malaker Scott Blasie made the presentation. A complaint was received from one of Mr. Malakar's neighbors last August. He was cited on August 30th, and allowed a thirty-day extension. Mr. Malakar has had medical problems and has documenta- tion as proof. Mr. Malakar requested a thirty-day extension from the Code Enforcement Board to come into compliance. They granted his request on October 20th. Since that time, he has had additional surgery and more medical problems. He finally complied after accruing a lien of $1,875. By unanimous vote, the - 18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 Code Enforcement Board reduced the lien to $500. Mr. Blasie confirmed that Mr. Malakar is now in compliance. Jawhar Mal&k~r said he has been living at this address for nine years. The neighbor never approached him about the hedges. Mr. Malakar circulated photos of his hedges and others in the neighborhood. #o~lon Commissioner Katz moved to further reduce the lien to zero. Mr. Malakar has complied and we should not use this as a means of raising revenue. Mayor Harmening asked Mr. Malakar how much time of the six months of non- compliance he spent in the hospital. Mr. Malakar stated he had six surgeries. Mr. Blasie reviewed all of Mr. Malakar's records and confirmed that he was medi- cally unable to do the work necessary for compliance. THE MOTION DIED FOR LACK OF A SECOND. Notlon Vice Mayor Matson moved to reduce the lien to $250. THE MOTION DIED FOR LACK OF A SECOND. Mo~lon Commissioner Katz moved to reduce the lien to $1.00. THE MOTION DIED FOR LACK OF A SECOND. Mayor Harmening announced that the lien would remain at $500. Mr. Malakar stated that he has no money. No~lon Vice Mayor Matson moved to accept $250, not because this should be revenue generating, but because we spend a lot of time and money in trying to process these and collect them and move them forward. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. Mayor Harmening advised Mr. Malakar that he could have hired someone to do the work when he was unable to do it. 2. Charter Amendment/Civil Service Attorney Cherof advised that at the direction of the City Commission, he pro- vided a memorandum outlining the procedures which need to be followed to amend the Charter. He also pointed out that the referendum can be held either at Primary, Run-off or the General Election in November. Prior to drafting the Ordinance, Attorney Cherof would require clarification with regard to what classes of employees would be changed from classified to nonclassified. - 19 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 Mayor Harmening suggested this item be tabled since Commissioner Aguila was not present tonight. Vice Mayor Matson agreed that she had no idea what Commission- er Aguila had in mind when he brought up this item. Motion Vice Mayor Matson moved to table. Mayor Pro Tem Bradley seconded the motion. Commissioner Katz said Commissioner Aguila stated what he had in mind and people have come to this meeting to speak on this item. Commissioner Katz felt these people should be allowed to speak. The motion carried 3-1. {Commissioner Katz cast the dissenting vote.) 3. ExecUtive Session - Union Contract Attorney Cherof advised that the City has been engaged in collective bargaining with the Firefighters' Union for almost a year without resolution of the contract. He requested a date be set for an Executive Session since it has now been approximately five months since the last Executive Session. Consensus There was a consensus of the Commission to conduct this Executive Session at 6:00 p.m. on May 3rd, in the Conference Room. 4. Flntzlo rs, the City of Boynton Beach Attorney Cherof advised that the City, several members of the Commission, him- self and his law firm, and the City Manager have been named in a complaint for declaratory relief filed by Vincent Finizio. Attorney Cherof requested direction to retain counsel to defend the main defend- ants in the action. He has contacted the law firm of Moyle & Flanagan, and they are willing to handle the case. Lynn Hawkins and Thomas Sheehan III would be the partners responsible for representing the defendants. Motion Mayor Pro Tem Bradley moved to contact the law firm to defend all the parties named in the suit. Commissioner Katz questioned whether or not the City Attorney had a sense of the direction of this lawsuit. Attorney Cherof responded negatively, and said the motivation for the suit is unclear. The motion carried 4-0. Vice Mayor Matson asked if a collective Commission votes on something, does the entire Commission get served or just those who voted for, or those who voted against. Attorney Cherof advised that it would depend on who the plaintiff is and what the intent is. He feels there are some procedural defects with respect to who was named as defendants. He is certain the attorneys will raise that issue immediately. - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 XI. OLD BUSINESS: A. Discussion on Cemetery Board/Mausoleum ,..,..,..,...,,.,.,,. TABLED Motion Commissioner Katz moved to remove this item from the table. Vice Mayor Matson seconded the motion, which carried 4-0. Since this was removed from the table in error, a new motion was made. Motion Commissioner Katz moved to place this item back on the table. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. B. Consider feasibility of traffic signal at Citrus Cove Elementary School on Lawrence Road ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,., TABLED Mot!on Commissioner Katz moved to take this item off the table. Vice Mayor Matson seconded the motion, which carried 4-0. Commissioner Katz advised that when this school was built, ,the School Board said the capacity would be about 685. The population now is close to twice that amount. He requested a consensus of the Commission to send a strong Resolution or letter to the School Board asking them to install a traffic light. Ms. Parker advised that following the last City Commission meeting, staff was instructed to contact the School Board to offer them one third of a three-way split. They agreed to fund their one-third share of a three-way split for the traffic signal. City Manager Miller stated that an attempt will be made to get the County to fund a one-third share. He feels this will not be too difficult since the City and School Board are willing to put in the other two-thirds. C. Proposed procedure for general Code revisions (Chapter-a-Month Program) City Manager Miller advised that he had a phone converation today with Commis- sioner Aguila regarding this matter. At this point, Mayor Harmening apologized for not announcing earlier that Mrs. Aguila contacted him today to advise that Commissioner Aguila is hospitalized and will be having surgery in the morning. City Manager Miller reported that Commissioner Aguila reviewed the proposal in Agenda Memorandum No. 94-139 and would like workshop meetings set for the fourth Tuesday of each month. Mayor Harmening and Vice Mayor Matson cannot attend a workshop meeting on that day of the month. A decision was made to discuss this further when Commissioner Aguila returns. - 21 - NIHUTE$ - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 XII. CITY NANAGER'S REPORT: A. Update on Clty Commlsslon 14eettng Tracking Form There was no discussion on this item. B. Update on proposed FOOT project reference the reconstruction of U.S. #1 from the C-15 Canal south to Gulfstream Boulevard City Manager Miller reported that an informational meeting was conducted for the purpose of viewing construction plans for a resurfacing project and median safety project on U.S. # ! from the C-I& Canal south to George Bush Boulevard in Delray Beach. In discussions with their Project Manager, City Manager Miller learned there are no public hearings planned on this project because it falls under the pur- view of a resurfacing project. The plans call for the complete elimination of parking on the east and west sides of the road and the incorporation of a bike route. This is based on a rule that the State likes to follow. The rules can be changed by the District Secretary of District #4, Rick Chesser. The report of the findings and decision of staff will be forwarded to the District Secretary and a final determination will be made. City Manager Miller advised that there is a need for the resurfacing; however, there was an outcry from the business owners. There was also a considerable amount of realignment of medians including lengthening them and connecting spaces between the medians so that access will be shut off either northbound or southbound at various points. City Manager Miller requested authorization to immediately draft a strong Resolution to be forwarded to Rick Chesser's office opposing this plan as it relates to the elimination of parking on the east and west sides. Mayor Harmening recommended sending copies of the Resolution to all local, State and Federal representatives. Vice Mayor Matson reported that she received many phone calls following the press conference on Friday. Many people also called Sharon Merchant. Vice Mayor Matson recommended sending a letter to Sharon Merchant thanking her for her attendance. There was a consensus of the Commission for the City Manager to move forward on this item. XIII. OTHER: None XIV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 9:15 p.m. - 22 - MINUTES - REGIJLAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1994 ATTEST: h ording Secretary ree Tapes) THE CITY OF BOYNTON BEACH ~~ Mayo r ~ / Vice Mayor m_ ,~)issioner - 23 - AGENDA APRIL 19, 1994 III. CONSENT AGENDA D cc: Util, Rec, Fin ADMAR BAR & KITCHEN EQUIPMENT P. O. 5333. NEW & UNUSED CONCESSION TRAILER/CART. PAY FROM GENERAL FUND -- 001-000-1-290-80 AERIAL DATA REDUCTION ASSOCIATES, INC. AERIAL MAPPING FOR WATER, SEWER & STORMWATER. PAY FROM W & S UTILITY REV. FUND -- 421-000-0-690-21- $21,028.00 PAY FROM STORM WATER UTILITIES FUND -- 425-000-0-692-10 - $10,514.00 AUSTIN TUPLER TRUCKING, INC. P. O. 5608. SHELL ROCK STOCK. PAY FROM GENERAL FUND -- 001-411-5-340-01 - $923.45 PAY FROM WATER & SEWER REV FUND -- 401-333-5-430-06 - $620.50 PAY FROM UTILITY CAPITAL IMPR FUND -- 404-000-0-690-10 - $1,985.60 PAY FROM W & S UTILITY REV FUND -- 421-000-0-690-21 - $310.25 B & H SALES P. O. 6821. LIFT STATION 609 SUBMERSIBLE CONVERSION. PAY FROM W & S UTILITY REV FUND --421-000-0-691-21 B. L. C. LAWN & MAINTENANCE P. O. 6246. LANDSCAPE MAINTENANCE. PAY FROM GENERAL FUND -- 001-722-5-430-15 Sm BOARD OF COUNTY COMMISSIONERS UTILITY REIMBURSEMENT AGREEMENT MILITARY TRAIL FROM STEINER RD. TO BOYNTON BEACH BLVD. PERIOD 9/7/93 - 2/28/94. PAY FROM W & S UTILITY REV FUND -- 421-000-0-690-21 BOCA TIRES, INC. P. O. 5709. RESTOCK VEHICLE MERCHANDISE. PAY FROM WAREHOUSE FUND -- 502-000-0-410-17 BROWARD TESTING LABORATORY, INC. P. O. 5716. CHEMICAL ANALYSIS. PAY FROM WATER & SEWER REV FUND -- 401-361-5-460-05 ROBERT D. BURKE, M.D. DEPOSITION, MRI's, X-RAY'S AND CONFERENCE WITH ATTORNEY TENHOEVE VS. CITY. PAY FROM SELF INSURANCE FUND -- 622-195-5-468-00 $6,890.40 $31,542.00 $3,839.80 $3,099.30 $3,981.00 $10,750.00 $2,594.30 $4,368.00 $1,850.00 COMMISSION APR ],9 1994 APPROVAL 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. BUY THE SQUARE YARD P. O. 6716. REMOVE AND INSTALL FLOORING PORCELAIN TILES/LAMINATE/ VINYL TILE. PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-194-5-634-12 $15,534.04 CH2M HILL DESK-TOP CORROSION CONTROL STUDY. PAY FROM UTILITY GENERAL FUND -- 403-000-0-690-10 $1,978.36 CHEMLIME P. O. 5718. LIME FOR CHEMICAL SOFTENING. PAY FROM WATER & SEWER REV FUND -- 401-335-5-365-00 $4,065.60 CONSTRUCTION HYDRAUUCS P. O. 5682. HYDRAULIC REPAIRS. PAY FROM VEHICLE SERVICE FUND -- 501-193-5-432-00 $4,267.94 DADE PAPER COMPANY P. O. 5686. RESTOCK JANITORIAL MERCHANDISE. PAY FROM WAREHOUSE FUND -- 502-000-0-410-11 $1,200.69 DELRAY BEACH POUCE DEPARTMENT MONEY SEIZED DURING ARREST IN COOPERATION WITH DELRAY POLICE DEPT. PAY FROM MISC. TRUST FUND -- 691-000-1-691-20 $1,723.50 DEPARTMENT OF ENVIRONMENTAL PROTECTION MSSW PERMIT FOR MANGROVE PARK. PAY FROM FEDERAL GRANTS -- 105-722-5-630-12 $3,050.00 EAST COAST FIRE EQUIPMENT, INC. P. O. 6804. COMBAT SAFETY EQUIPMENT. PAY FROM GENERAL FUND -- 001-221-5-390-03 $1,446.76 ENGINEERED COMPUTER ENVIRONMENTS P. O. 6493. LAMINATE COVERED RAISED COMPUTER FLOORING. PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-194-5-634-12 $13,552.00 FIRST CHOICE ROOFING P. O. 6775. PLANTER MODIFICATIONS & WINDOW FLASHINGS ON THE CITY HALL COMPLEX. PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-194-5-634-12 $11,646.90 GOLDCOAST GYMNASTICS ATHLETICS/JAZZERKAMP - GYMNASTICS. PAY FROM REC. SPECIAL REV FUND -- 472-721-5-469-00 2 $1,206.80 COMMISSION APR ]9 1994 APPROVAL 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. HARRELL'S P. O. 6815. FERTILIZER FOR GREENS. PAY FROM GOLF COURSE REVENUE FUND -- 411-726-5-366-00 $1,425.OO HESCO SALES, INC. P. O. 6751. TO REPLENISH DUMPSTER SUPPLY. PAY FROM SANITATION FUND -- 431-341-5-390-02 $7,838.70 RICHARD D. HOOVER, M.D. IME EXPENSE, DEPOSITION AND CONFERENCE. TENHOEVE VS CITY. PAY FROM SELF INSURANCE FUND -- 622-195-5-468-00 $1,137.00 INFORMATION ACCESS COMPANY SUBSCRIPTION RENEWAL FOR INFOTRAC. PAY FROM GENERAL FUND -- 001-711-5-661-00 $5,749.18 INSURANCE SERVICING AND ADJUSTING COMPANY ADMINISTRATION FEES FOR WORKERS' COMP CLAIMS FOR MARCH 1994. PAY FROM SELF INSURANCE FUND -- 622-195-5-447-00 $2,990.00 JOHNSON YOKOGAWA P. O. 5657. REPAIR CALIBRATION CONTROL, PUBLIC WATER MAINT. PAY FROM WATER & SEWER REV FUND -- 401-336-5-499-00 $4,379.90 JONES CHEMICALS P. O. 5654. SULFURIC AC~D & CHLORINE FOR DISINFECTION. PAY FROM WATER & SEWER REV FUND -- 401-335-5-363-00 $1,154.00 JOSlAS & GOREN, P./~ LEGAL FEES FOR GENERAL MATTERS - MARCH 1994. PAY FROM GENERAL FUND -- 001-141-5-461-00 $6,250.00 LAW ENFORCEMENT SUPPLY CO., INC. P. O. 6600. POLICE SUPPLIES. PAY FROM GENERAL FUND -- 001-211-5-427-00 $5,012.00 METZGER, SONNEBORN & RUTTER, P.~- LEGAL FEES: HARP VS. CITY OF BOYNTON BEACH. PAY FROM SELF INSURANCE FUND -- 622-195-5-468-00 $4,501.65 MEYER'S TURF, INC. P. O. 6761. SOD FOR SWALE RESTORATION AT VILLAGE ON THE GREEN & 17TH AVE. & 1790 2ND COURT. PAY FROM LOCAL OPTION GAS TAX FUND -- 104-411-5-630-16 $4,242.50 3 COMMISSION APR 19 1994 APPROVAL 32. 33. 34. 35. 36. 37. 38. 39. 40. MOTOROLA P. O. 6097. PORTABLE RADIOS & CHARGERS. PAY FROM WATER & SEWER REV FUND -- 401-351-5-390-05 - $2,157.00 PAY FROM SELF INSURANCE FUND -- 622-195-5-440-01 - $2,157.00 P.R.I.D.E. OF FLORIDA P. O. 5592. RETREAD TIRES. PAY FROM VEHICLE SERVICE FUND -- 501-193-5-322-00 PALM BEACH COUNTY SCUD WASTE P. O. 5574. USE OF LANDFILL FOR GARBAGE DISPOSAL. PAY FROM SANITATION FUND -- 431-341-5-490-01 PALM BEACH NEWSPAPERS, INC. LEGAL ADVERTISING AND ADVERTISING FOR LAB-TECH - METER READER FOR MARCH 1994. PAY FROM GENERAL FUND -- 001-122-5-470-13 - 1,158.85 PAY FROM GENERAL FUND -- 001-135-5-475-00 - $1,175.01 PERKIN ELMER CORPORATION P. O. 6004. SERVICE CALL TO TROUBLESHOOT PERKIN ELMER PURGE AND TRAP GAS CHROMATOGRAPH THAT IS NOT FUNCTIONING PROPERLY. PAY FROM WATER & SEWER REV FUND -- 401-361-5-345-00 ROBERTS & REYNOLDS, P.A. LEGAL FEES: HARP VS CITY - $6,621.27; BLACKMON VS CITY - $3,933.73; STEVENS VS CITY - $943.39; MENZ VS CITY - $7,853.16; HOBECK VS CITY - $3,530.36 PAY FROM SELF INSURANCE FUND -- 622-195-5-468-00 SHANNON CHEMICAL CORPORATION P. O. 5638. POLYPHOSPHATE FOR PUBLIC WATER OPERATIONS. PAY FROM WATER & SEWER REV FUND 401-335-5-365-00 SNAP-ON TOOLS CORP. P. O. 6630. 1 TON TRANSMiSSiON JACK. PAY FROM VEHICLE SERVICE FUND -- 501-193-5-642-00 SOUTH CENTRAL REGIONAL WSTWTR TRTMNT & DISPOSAL BD. USER CHARGES FOR MARCH 1994. PAY FROM WATER & SEWER REV FUND -- 401-353-5-490-09 - $172,142.00 PAYMENT #11 INSCHO-KIRLIN INC. SINKING FUND PROJECT. PAY FROM UTILITY GENERAL FUND -- 403-000-0-691-22 - $49,601.50 $4,314.00 $3,671.76 $116,314.01 $2,333.86 $1,176.40 $22,881.91 $7,500.00 $1,377.14 $221,743.50 COM APR ! 9 ]994 APPROVAL 41. 42. 43. 44. 45. 46. 47. 48. 49. SOUTHEASTERN MUNICIPAL SUPPLY P. O. 6592. SERVICE SADDLES AND POLYTUBING. PAY FROM WATER & SEWER REV FUND -- 401-333-5-390-05 - $1,745.75 $22,151.50 P. O. 6809. SERVICE SADDLES. PAY FROM WATER & SEWER REV FUND -- 401-333-5-390-05 - $2,302.50 P. O. 6579. WATER METERS. PAY FROM WATER & SEWER REV FUND -- 401-333-5-387-00 - $13,025.00 P.O. 6861. P.V.C. PIPE & FITTING. PAY FROM WAREHOUSE FUND -- 502-000-0-410-14 - $5,078.25 SOUTHEASTERN PUMP CORP. P. O. 6850. REHAB OF LIFT STATION 609. PAY FROM W & S UTILITY REV FUND -- 421-000-0-691-21 $6,180.00 STANLEY CONSULTANTS, INC. CONSTRUCTION MANAGEMENT SERVICES - WEST WATER TREATMENT PLANT. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 - $218,450.35 PAY FROM W & S UTILITY REV FUND -- 421-000-0-691-21 - $4,690.00 $223,140.35 TARE LAWN MAINTENANCE P. O. 5781. LANDSCAPE CONTRACT. PAY FROM GENERAL FUND -- 001-722-5-430-15 $2,165.00 TENNIS TECHNOLOGY, INC. P. O. 6482. RESURFACING OF TENNIS COURTS. PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-721-5-629-40 $4,035.00 UNIVERSAL ENGINEERING SCIENCES, INC. P. O. 6698. PHASE I & II ENVIRONMENTAL ASSESSMENT AT BOYNTON LAKE PARK. PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-722-5-640-38 $3,370.00 VULCAN SIGNS P. O. 6412. REPLENISH SIGN STOCK. PAY FROM GENERAL FUND -- 001-411-5-348-00 $3,670.70 THE WALDEC GROUP P. O. 5882. MAINTENANCE CONTRACT. PAY FROM VARIOUS DEPARTMENTS. $4,372.50 WATER RESOURCES P. O. 5898. HOMA PUMPS EQUIPMENT. PAY FROM WATER & SEWER REV FUND -- 401-352-5-345-00 $3,300.00 COMMISSION APR 19 1994 APPROVAL 50. LAWMEN'S PHOTO $3,396.20 P. O. 5537. OFFICE SUPPLY MERCHANDISE. PAY FROM WAREHOUSE FUND -- 502-000-0-410-10 THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT. INANCE DIRECTOR THEREFORE RECOMMEND PAYMENT OF THESE BILLS. J. SCOTT MILLER, CITY MANAGER 6 COMMiSSI APR 19 1994 APPROVAL ON FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I.AS'I NAMF I. IrSI %,~MI MII)I)IEN^ME CH'Y CO~U NTy I)ATEON WHICH vO'IE (X'CltRRED NAME OF' BOARD, COIJNCII,. COMMISSION. AU-I tlORITY. OR COM MITI'EE 1 SERVE IS A UNIT OF: · 1-1 COUNTY 13 O'IHER LOCAl, AGENCY NAME OF IR)I.ITICAi. SUBDIVISION: MY POSITION IS: [iP~ELECTIV E D APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective count); municipal, or other local public office *lUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knoxvingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must 'disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORM 8B- 1-91 PAGE IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. * You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the min of the meeting, who should incorporate the Form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, ' ~ ~'~ ~ , hereby disclose that on (a) A measure came or will come before my agency which (check one) ~inured to my special private gain; or inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIR { SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B- 1-91 PAGE 2 IAI# # # # # # # # Z~ # Z~ # Z# # # # 41, # 41, 41, # 41, # III. 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