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Minutes 03-01-94HINUTES OF THE REGULAI~ CITY COI414ISSION HEETING HELD IN COMMISSION CHA~IBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 1, 1994, AT 6:30 P. H. PRESENT Edward Harmening, Mayor Jose Aguila, Vice Mayor Lynne Matson, Mayor Pro Tem David Katz, Commissioner Robert Walshak, Commissioner J. Scott Miller, 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. Pastor Alan Brewster of Grace Fellowship Church offered the invocation. The Pledge of Allegiance to the Flag was led by Mayor Harmening. O, Agenda Approval 1. Additions, Deletions, Correction Commissioner Walshak added Item IX.C.1 (Old Sewage Treatment Plant), Item IX.C.2 (Costa Bella), and Item C.3 (ALS Transport). Mayor Harmening added an announcement (Item IV.A.1). Mayor Pro Tem Matson added Item IX.AA (Breach of Confidentiality). Commissioner Katz added Item IX.D.1 (Traffic Light at Citrus Cove Elementary School and Lawrence Road). City Attorney Cherof added Item X.C.4 (Quantum Park Infrastructure Conveyance and Maintenance Agreement). 2, Adop~lon ~otlon Vice Mayor Aguila moved to adopt the agenda as amended. Mayor Pro Tem Matson seconded the motion, which carried 5-0. - 1- NZNUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA Ka, RCH 1, 1994 II. ADNINISTRATIVE A. Appointments to be made Appointment To Be Made Board Reg/ Length of Term Alt Expiration Date II Walshak III Aguila Mayor Harmening I Katz III Aguila I Katz III Aguila Education Advisory Board Alt Comm. Redev. Advisory Board Reg Golf Course Advisory Committee Alt Code Enforcement Board Alt Community Relations Board Alt Planning and Development Board Alt Board of Adjustment Alt Term expires 6/94 TABLED Term expires 8/96 TABLED Term expires 6/96 TABLED Term expires 9/94 TABLED Term expires 4/94 TABLED Term expires 4/94 TABLED Term expires 4/95 All tabled appointments were left on the table. Notion Vice Mayor Aguila moved to table his appointment to the Board of Adjustment. Mayor Pro Tem Matson seconded the motion, which carried 5-0. B. Support Leadership Academics Culture Economics Splrlt Program by donating $2,000.00 from Law Enforcement Trust Fund (Teen Newspaper) Per Police Department Memorandum No. 94-024, this project will promote training, self-esteem, and leadership skills, while providing information for teens in a wide variety of subjects. It will also assist the J.F.O and R.A.P. programs, as well as community policing efforts by providing a vehicle for promoting these programs. Notion Vice Mayor Aguila moved to approve the request for a $2,000.00 expenditure from the Law Enforcement Trust Fund for the Leadership Academics Culture Economics Spirit Program. Commissioner Walshak seconded the motion, which carried 5-0. Consider approval to video tape pollce and flre emergencies In Boynton Beach - Under Fire: South Florida's 911 Program (DLW Productions, Inc.) Per Fire Department Memorandum No. 94-30, the Police and Fire Departments jointly requested the City Commission's approval for DLW Productions, Inc. to videotape Police and Fire emergency incidents for airing on Channel 34's "Under Fire: South Florida's 911". Both Fire Chief Jordan and Police Chief Dettman have reviewed the proposal submitted by the producer and are satisfied that this production will be in the best interest of the Police and Fire Departments. -2- NINUTE$ - REGULAR CITY COI414I$5ION HEETiNG BOYNTON BEACH, FLORIDA HAP, CH 1, 1994 Notion Commissioner Walshak moved to approve Item II.C. Commissioner Katz seconded the motion. Vice Mayor Aguila advised that he will vote against this because he does not see how this would be of any advantage to the City. He stated that during a police or fire emergency, these people are charged up enough and the last thing they need to be worried about is putting their best face forward because the camera is rolling. He did not think they need the distraction of somebody taking movies while they are on an emergency run. Mayor Harmening agreed with Vice Mayor Aguila and added that the City would also be exposing itself to a certain amount of liability. In addition, while they are filming, if our Police or Fire Department should inadvertently make a mis- take, the film will be subpoenaed and used against the City. Fire Chief Floyd Jordan advised that he and Police Chief Thomas Dettman have reviewed this request and had the same concerns that the Commission has expressed. Chief Jordan stated that he and Chief Dettman are satisfied that this would be an opportunity to present the Police Department and Fire Department in a positive light. He stated that firefighters place their lives and health at risk each day and he sees this as a positive opportunity to showcase those efforts to the community. He said he contacted Palm Beach County, who already has this agreement with Debra Wescott, President of DLW Productions, Inc., and they are satisfied. Chief Jordan advised that the City would have the opportunity to review any of the tapes prior to airing to assure that no negative implications will occur. Debra Wescott stated that prior to airing, she gives the agencies filmed the opportunity to view the whole program in its entirety just as it would be aired. If there is any problem at all, the show will be edited. However, she stated that it has never been necessary to do any editing because everything is always very positive in nature. She stated that when videotaping, certain things in the City are highlighted to bring them out. She said she speaks with the people in the City, as well as each department, to ask them what they would like included in the script at the beginning of the show, and an introduction is done to bring out important information that they might have. Ms. Wescott stated that it is a very positive show and everyone filmed so far has not been incon- venienced in any way and have been very satisfied. Ms. Wescott stated that Lake Worth has suffered from a lot of bad publicity and the Police Department had a very low morale. As a result of this show, their morale went right to the ceiling. From his experience with riding with Chief Dettman, Commissioner Katz stated that the professionalism exhibited by the Police Department and Fire Department is beyond belief and he felt it would behoove the City to show the community and surrounding communities the top notch people that we have on the front lines of the City. -3- HTNUTES - REGULAR CITY COHHZ$SION HEETING BOYNTON BEACH, FLORIDA MARCH 1, 1994 In response to Mayor Pro Tem Matson, Ms. Wescott advised that the first program that aired was the Sheriff's Office. The second show was Palm Beach County Fire Rescue, and the third was the Lake Worth Police Department. Footage has already been shot of the Lake Worth Fire Department and the West Palm Beach Police and Fire Departments. She is currently working with the City of Delray Beach and the City of Riviera Beach, and is now initiating contact with Palm Beach Gardens and Boca Raton. She also intends to be doing some work with North Palm Beach Fire. Commissioner Walshak agreed with Chief Jordan and said he takes a great deal of pride in our Police and Fire Departments. He felt it would behoove the City to let the general public know how good our Police and Fire Departments are. Vice Mayor Aguila did not doubt that the Police Department is top notch; however, he did not think this was the issue. He felt the way they behave and act on a daily basis is where that positive light is displayed. He was con- cerned about a nonemergency, untrained film crew tagging along on emergenices. Ms. Wescott pointed out that one of her cameramen is also a certified fire- fighter for the City of Lake Worth and that they are all professionals in the field. The motion carried 3-2. Mayor Harmening and Vice Mayor Aguila cast the dissenting votes. D, Authorization to proceed with Hamrlck Aerial Surveys, Inc, for aerial photography and photogrammetrlcmapping services (bridge repairs) Per Engineering Department Memorandum No. 94-058, quotes were obtained for aerial photography and photogrammetric mapping services from several firms to produce base maps of the eight bridge locations. These base maps are to serve as base sheets for bridge repair plans, as a substitute for field surveying and drafting. Plan details will be developed by standard methods. Of the quotes listed in the memorandum, City Engineer James White requested approval to proceed with this work using Hamrick Aerial Surveys, Inc. because this firm has many years experience in aerial survey, mapping and photogrammetry, whereas the other firms are primarily photographers. Mayor Harmening asked the City Engineer to justify the need for an aerial photo- graph. Vice Mayor Aguila asked why a standard field survey is not done instead of an aerial photograph. City Engineer James White stated that an aerial photograph is a lower cost alternative to field surveying and drafting base maps for construction drawings. It costs a little over $200.00 for each of the nine sites. For $200.00, you will not get very much drafting and surveying. Vice Mayor Aguila asked if the information provided by an aerial would be as accurate, as reliable, and as defendable as information received from a survey -4- HINUTE$ - REGULAR CITY C01~]:$$]:0N NEET:lNG BOYNTON BEACH, FLORZDA MARCH 1, 1994 crew. Mr. White stated that the accuracy would be more than sufficient for the work anticipated. In Mr. White's opinion, there will be a great deal more information on a photograph than on a field survey; however, a ground survey would give higher accuracy. Vice Mayor Aguila asked if Mr. White was concerned at all with any kind of topographic elevations for this bridge repair. Mr. White did not see a need for this information. Vice Mayor Aguila asked if there is previous survey information on'the bridges. Mr. White has been unable to find it. He pointed out that it is also important to have current information. Vice Mayor Aguila asked if Mr. White felt this is the most cost effective way to do it while still providing the information needed to do the job. Mr. White answered affirmatively. Mayor Harmening questioned the need for a survey. He wondered if the location of the bridge and the defects could be described in a few words so that anyone bidding on the process of repair could understand it. Mr. White replied that that would be one way to do it if you would rather let the constructor design the improvements. Vice Mayor Aguila cautioned against providing verbal information based on obser- vation and not certified by a surveyor in case of a discrepancy or something missing in the bid or at construction. Vice Mayor Aguila asked about the nature of the repairs. Mr. White stated that the nature of the repairs is outlined on the bridge inspection reports over the last two years, which are commissioned by the Department of Transportation. The things listed in those reports, including a number of things that have already been done are deck drainage, guardrails, signs, crack repair, retaining wall problems, etc. Vice Mayor Aguila asked if an aerial would pick up that information. Mr. White stated that the aerial will provide a base survey from which to illustrate what improvements we want to construct and where. In addition, we would provide such specific details as necessary. Mayor Harmening could not imagine that an aerial photograph would show the spalling on a bridge bent in the center of the bridge on 23rd Avenue. In addi- tion, he was sure an aerial would not disclose the cracks in the deck on the bridge that has been asphalted. Vice Mayor Aguila asked Mr. White to explain the paragraph in the February 4, 1994 letter from Hamrick Aerial Surveys which states, "All vertical and/or horizontal ground control, including field checks of finished mapping, as required, will be furnished by your office." Mr. White advised that Hamrick Aerial Surveys would photograph the site and send us contact prints. From those prints we would mark the locations we want printed on the drawings; go to the -5- HINUTE$ - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA HARCH 1, 1994 field and provide horizontal control by identifying the objects clearly visible on the photograph; field measure the distance between those objects; and mark that on the prints. Then the mapper would print those photographs to a scale that corresponds with those dimensions on the plan sheets. Vice Mayor Aguila noted that the cost would be $2,200.00, plus extra costs based on formats. Mr. White advised that the cost would be $2,200.00. He stated that there is no need for any of the extras and that staff will produce an attractive title block with the City's logo, signature blocks, etc. Vice Mayor Aguila stated that for another $150.00, Hamrick Aerial Survey will include the City as an additional insured. He asked if there is any reason why we would not want the City as an additional insured. City Attorney Cherof felt this would be a good expenditure of $150.00. Commissioner Katz asked if the digital maps recently done for Utilities could be used. Mr. White advised that these digital maps cover the areas east of I-g5 and the bridges are west of I-gs. Commissioner Katz asked if this can be tied into the aerial mapping project (the commercial area west of Congress Avenue) requested by Utilities. Mr. White advised that the delivery date on that would be a couple of months later. In addition, the deliverables under that contract do not include photographs. Vice Mayor Aguila asked if the job could be done properly without a survey or an aerial photograph. Mr. White advised that you could not illustrate the loca- tions that you want accurately. He expressed concern about undertaking diffi- cult construction activity without having a set of drawings. Mayor Harmening asked if it would simpler to use Parsons Brinckerhoff Quade & Douglas' report on the bridges; identify any new cracks or spalls and the loca- tion of the bridge; and ask the potential bidder to submit a bid explaining the method which he proposes to use to seal the cracks, the cost, and an alternate method. Mr. White said that would be another approach to the problem. In response to Vice Mayor Aguila, Mr. White advised that he and his staff would prepare the bid documents. Mayor Harmening pointed out that two thirds of the problems are on the bottom side of the bridge and he did not think an aerial photograph would identify any- thing on the bottom of the bridge. Norton Vice Mayor Aguila moved to deny this request. Mayor Pro Tem Matson seconded the motion. Commissioner Walshak pointed out that nobody on the dais is an engineer and, in essence, the Commission is telling the City's professional engineer that he does not know what he is talking about. -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1994 A roll call vote was polled by the City Clerk. The motion carried 3-2. Commissioners Katz and Walshak cast the dissenting votes. At this point in the meeting, Mayor Harmening moved up Item XI.A to II.F to accommodate the residents of Citrus Glen. E. Change Order No, 1 (Rockland Construction Comparky) - Boynton Lakes Park (grade and sod lake shores) Per Recreation and Parks Memorandum No. 94-076, it will cost $14,663.00 for grading, sodding, and irrigating the homeowners association property adjacent to Boynton Lakes Park. Gee & Jenson will charge $275.00 for redesign of the irrigation system, and minimal materials will be required as lines and heads can basically be relocated. This will bring the cost to $14,938.00. It is the City's position that the homeowners association should pay for the sod, which amounts to $3,348.00. Therefore, the City's cost for this project would be $11,590.00, and fourteen days would be added to the contract completion time. In addition, additional development costs for Boynton Lakes are anticipated due to environmental analysis tests. Since this is not City property and not part of the park project, Mr. Frederick recommended paying from undesignated C.I.P. funds rather than from the Recreation & Park Trust Fund, if this project is authorized by the City Commission. Commissioner Katz did not think the City should spend close to $12,000.00 to develop and improve private property. Vice Mayor Aguila stated that it made sense for City staff to do the work since they were there. However, he did not think it was going to cost very much and was not sure it is correct expenditure of City money to develop private prop- erty. Mayor Pro Tem Matson stated that changing the direction of a couple of sprinkler heads has turned into a major project, and it is not what the Commission wanted. She stated that the Commission wanted the City to change the direction of a couple of sprinkler heads and grade twenty feet while the equipment was up there. She would like staff to bring back something both parties can live with. Motion Mayor Pro Tem Matson moved to strike this item from the agenda. Vice Mayor Aguila seconded the motion. Vice Mayor Aguila pointed out that the Rockland Construction Company is charging for dozer travel and loader travel when they are already there. The City Manager was directed to report back to the Commission. The motion carried 5-0. -7- H]NUTE$ - REGULAR C~TY COHHZSS~ON HEET]NG BOYNTON BEACH, FLORZDA HARCH 1, 1994 XX, OLD BUSINESS A. Update on Citrus Glen Subdivision (public Improvements) City Attorney Cherof reported that since the last City Commission meeting, he had been in contact with the attorneys for the developer, Felix Granados, and a meeting has been arranged for tomorrow at 3:00 P. M. at City Hall between the developer, his attorney, and some of the officers of the.homeowners' association and their attorney. City attorney Chereof advised that he spoke to the attorney for the association this afternoon and all parties have agreed upon a tentative agenda for that meeting. The agenda would include a checklist of some of the problems that the homeowners have with the subdivision and their concerns regarding the developer leaving that subdivision before the completion of those improvements to their satisfaction. Jonathan Dwork distributed a pamphlet, dated March 1, 1994, titled, "100% Pure Citrus News". He stated that the City has backed down in the face of litigation on things that the City has required the builder to do. He stated that Mr. Granados sent a letter to the City, stating that Mr. Dwork was an unofficial representative of the homeowners' association. Mr. Dwork stated that he attended the February 1, 1994 meeting and is attending this meeting as a resi- dent of Citrus Glen. Mr. Dwork stated that he has seen other cities go bankrupt taking on liabilities by releasing builders from communities before they should. He said he has seen allegations of friendships and working relationships and that he has handed everything over to the news media. He stated that Citrus Park was supposed to be buffered with lakes. They are now going to be buffered with homes seven and a half feet away unless the City protects them. He advised that people are still cut off from Fire Department access because Miner Road is not complete. Mr. Dwork stated that he found documents indicating that members of the City were falsely giving information to the Board of Directors, assuring them that the bonds were safe and secure. Mayor Harmening asked who in the City gave false information to the Board of Directors. Mr. Dwork said he gave these letters to the media and that they can be Obtained from the City Clerk's office or he will provide copies tomorrow. Charlotte Silver, President of the newly elected Board, stated that Mr. Dwork does not speak for the residents of Citrus Glen, and that any official statement will come from somebody on the Board. Herbert Buxbaum, who was elected to the Board of Directors, reiterated what was said by Ms. Silver. Mayor Harmening asked if the developer voted in the election of the Board of Directors. Mr. Buxbaum advised that only the residents voted. He stated that they have an attorney and an engineer and are trying to make the transition smooth; however, Mr. Dwork is creating a lot of division within the subdivision. Mayor Harmening advised that the City will do whatever it legally can within its power to help the residents of Citrus Glen; however, it may take a while. -8- MINUTES - REGULAR CITY COMHISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1994 William Perrone, a resident of Citrus Glen, stated that everybody just wants a guaranty that certain things will be completed as promised, and that Mr. Dwork is just trying to make sure this is done. Mayor Harmening had no qualms about holding the developer's feet to the fire or suing or being sued if he thinks he has a strong position, with the advice of the City Attorney. He hoped that some of the problems will be resolved at the meeting tomorrow. Mr. Mobilio, a resident of Citrus Glen, asked if the residents of Citrus Glen are allowed to attend the meeting tomorrow. City Attorney Cherof stated that by agreement with the attorneys that represent both the developer and the home- owners' association, it was agreed that participation would be limited to the officers of the association, the developer, and their respective attorneys, who will report back to their appropriate membership. MAYOR HARMENING DECLARED A RECESS AT 7:30 P. M. THE MEETING RESUMED AT 7:33 P. M. III, CONSENT AGENDA Mayor Harmening stated that there are items on the Consent Agenda that should not be on it. He directed staff not to put anything controversial on the Consent Agenda in the future. Commissioner Walshak did not think it should be up to staff to recognize a particular item as being controversial or not. Mayor Harmening felt staff has a very good perception of what is controversial. Motion Mayor Pro Tem Matson moved to remove Item III.C.1 from the table. Commissioner Katz seconded the motion, which carried 5-0. Mayor Harmening removed Item III.C.6 from the Consent Agenda. Vice Mayor Aguila removed Items III.C.7, III.C.8, III.C.9, III.C.IO, III.C.11 and III.C.12 from the Consent Agenda. Commissioner Katz removed Item III.C.2 from the Consent Agenda. A, Minutes 1, Regular City Corm)lsslon Meeting Nlnutes of February 15, 1994 Commissioner Katz stated that in the first paragraph on page 11, the commencing date should be September 30, 1993, not December 30, 1993. In addition, on page 12, the Viet Nam air veteran who spoke was Agnes Feak, not Agnes Speak. -9- HINUTE$ - REGULAR CITY COHI4ISSION #EETiNG BOYNTON BEACH, FLORIDA HARCH 1, 1994 B, Bids - Recommend Approval - All expenditures are approved tn the lgg3-g4 Adopted Budget 1, Purchase of (120) Trojan T-105 Golf Car Batteries or equal Per the agenda memorandum from the Purchasing Department, new batteries are needed annually to replace the worn out batteries used for the golf cars. The Tabulation Committee recommended awarding the bid to Royal Battery Distributors, Riviera Beach, Florida, in the amount of $4,134.00, with a 2 percent discount if paid within fifteen days. Royal Battery Distributors is the lowest, most re- sponsive, responsible bidder who met all specifications and required documents per memo #94-004 from Joe Sciortino, Golf Director. C, Resolutions Proposed Resolution No, R94-21 Re: Authorize execution of Reciprocal Borrowing Agreement between the City of Boynton Beach and the Village of Palm Springs regarding Library Service..TABLED e Proposed Resolution No. R94-31 Re: Supporting and/or opposing various proposed legislative bills being considered by the Florida Legislature {1994 Legislative Session} This item was removed from the Consent Agenda. ® Proposed Resolution No, R94-32 Re: Acceptance of deed from Palm Beach County conveying Lots 16 and 17 of Hilltop Village in Sara Simms Park to the City of Boynton Beach e Proposed Resolution No, R94-33 Re: Seacrest Scrub Acquisition Project - Assignment of Option to Purchase, and the Option Agreement for Sale and Purchase o Proposed Resolution No, R94-34 Re: Authorize execution of Consultant Agreement reference Aerial Photogrammetry Services - Phase 3 {Commercial area west of Congress Avenue} Proposed Resolution No, R94-35 Re: Boynton Beach Municipal Cemetery Rules and Regulations This item was removed from the Consent Agenda. e Proposed Resolution No, R94-35 Re: Authorize execution of one year service contract and service agreement between the City of Boynton Beach and Safety Kleen Corporation to clean automotive parts, lawn mowers, and tractors at the Vehicle Service Division and the Golf Course This item was removed from the Consent Agenda. - 10 - MINUTES - REGULAR CITY COMMI$$IOH MEETING BOYNTON BEACH, FLORIDA HARCH 1, 1994 Be Proposed Resolution No, R94-37 Re: Authorize execution of agreement between the City of Boynton Beach and ARZ Builders, Inc. reference construction of the East Ocean Avenue Improvement Project (500 Block) This item was removed from the Consent Agenda. ® Proposed Resolution No, R94-3B Re: Authorize execution of an agreement between the City of Boynton Beach and Knollwood Groves regarding the design and construction of Miner Road This item was removed from the Consent Agenda. 10. Proposed Resolution No, R94-39 Re: Knollwood Groves Road Impact Fees reference Miner Road This item was removed from the Consent Agenda. 11. Proposed Resolution No, R94-40 Re: Authorize execution of an agreement between the City of Boynton Beach and the Gene B. Glick Company, Inc. regarding the construction of Miner Road This item was removed from the Consent Agenda. 12. Proposed Resolution No, R94-41 Re: Glick Road Impact Fees reference Miner Road This item was removed from the Consent Agenda. D, Approval of Bills A copy of these bills is attached to the original minutes on file in the City Clerk's Office. E, Approve Records Destruction Requests - Personnel Department Records Destruction Requests #267, 268, and 269 have been approved by the State. Motion Vice Mayor Aguila moved to approve the Consent Agenda with the corrections to the minutes, and excluding Items III.C.2, III.C.6, III.C.7, III.C.8, III.C.9, III.C.IO, III.C.11 and III.C.12. Commissioner Katz seconded the motion, which carried 5-0. 0 Proposed Resolution No, R94-31 Re: Supporting and/or opposing various proposed legislative bills being considered by the Florida Legislature {1994 Legislative Session} Commmissioner Katz stated that we have been asked to vote to support or oppose certain bills recommended by the Florida League of Cities. He stated that the - 11 - MINUTES - REGULAR CITY COHMI$$ION MEETING BOYNTON BEACH, FLORIDA HARCH 1, 1994 synopses given are so short that just by looking at some of them, he did not agree with them. He asked that the Commission receive more detail on these bills in the future. Mayor Harmening said the City Manager, City Attorney, or he would make every endeavor to answer Commissioner Katz' questions. Mayor Pro Tem Matson asked if Commissioner Katz read what came with the Legislative bulletin. City Manager Miller said these have been given to the Commission twice; once in the mailbox on a weekly basis and then a cumulation of all of them. Mayor Pro Tem Matson pointed out that there is also a telephone number to call if there are any questions on any of the bills. City Attorney Cherof read Proposed Resolution No. R94-31 by title only. Motion Vice Mayor Aguila moved to approve Proposed Resolution No. R94-31. Mayor Pro Tem Matson seconded the motion, which carried 3-2. Commissioners Katz and Walshak cast the dissenting votes. 6. Proposed Resolution No, R94-35 Re: Boynton Beach Municipal Cemetery Rules and Regulations Mayor Harmening advised that he removed this item from the agenda because the attorney for the Mausoleum would like to speak. In addition, Mayor Harmening would like the word "metal" stricken from rule number 20. Robert I. MacLaren, II, Attorney for the Mausoleum, stated that in 1978, the City of Boynton Beach and the Boynton Beach Mausoleum entered into a contract that provided the citizens with the option of above ground burial service. That contract, in the last sixteen years of interpretation of it by the parties, has defined the respective rights and duties of the parties relative to that rela- tionship. Mr. MacLaren said there are certain items that are proposed here that are inappropriate and violative of those respective rights. Mr. MacLaren stated that the first sentence in rule number 15 is clearly contrary to the practice that has been employed for the last sixteen years because the Mausoleum has handled these matters directly. The attempted regula- tion here will clearly impact the sales program. At the present time, it is clear that pursuant to the contract, the Mausoleum can make this assurance to someone. They will no longer be able to do that if this inappropriate provision is adopted. Furthermore, that would cause it to be violative of the number of contracts that are presently in existence with those people that have elected to use the services of the Mausoleum. Mr. MacLaren stated that the second sentence is also contrary to the specific contractual agreement with each purchaser. What is being provided here is - 12 - HINUTES - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA HARCH 1, 1994 entombment rights. Once those rights are consumed, as provided specifically in each contract, there is no further right to employ the emtombment right relative to that unit. In addition, from a practical prospective, that is going to impact the sales program and, therefore, the revenues produced for the City. Mr. MacLaren was not certain of the thrust of rule number 16, but said it is inappropriate if it violates any of the provisions of the contract. Mr. MacLaren stated that rule number 17 appears to be some sort of a mandate that the Mausoleum provide letters and emblems which clearly transcends the four corners of the contract or any practice that the parties have employed over the last sixteen year. Mr. MarLaren was not certain what the thrust of rule number 19 is but~said that there ought not be any modifications as a policy matter relative to the Mausoleum. With regard to rule number 20, Mr. MacLaren stated that there appears to be a complete absence of any data dictating the need for this as a policy matter. Relative to rule number 21, Mr. MacLaren stated that there is no provision in the contract or the practice that has been in place for sixteen years that calls for a purchaser to make any direct payments to the City. Consistent with the practice employed and the contract, the Mausoleum provides the appropriate per- centage to the City upon receipt of those funds. With regard to rule number 23, Mr. MacLaren felt it was appropriate for anyone to make any suggestion at any time, provided it will not violate the existing terms of the contract. City Attorney Cherof asked Mr. MacLaren to point out the provision of the contract between the City and Boynton Beach Mausoleum, Inc. that gives Boynton Beach Mausoleum, Inc. the right to establish the rules as opposed to the City Commission. Mr. MacLaren stated that the contract, the thrust of the agreement, and the interpretation that has been employed for sixteen years is that in the property right of the Mausoleum is the right to establish sales related proce- dures. Mr. MacLaren stated that the Mausoleum has made the investment. They provide the appropriate sum to the City. The property right that the Mausoleum receives is the sales procedure. They are the exclusive sales entity relative to the Mausoleum. In response to Vice Mayor Aguila, City Attorney Cherof advised that rule number 19 is there for consistency. This rule is found and has always been found and treated that way under the general Cemetary rules. However, there has been some suggestion that perhaps the Cemetery rules do not apply to the Mausoleum facili- ties that are located within the Cemetery. This is intended to make it clear that those same types of rules do apply and that these things are treated on a consistent basis, which hopefully will enhance sales of those facilities as opposed to deter them. - 13- HINUTE$ - REGULAR CITY COHHIS$]:OH HEETING BOYNTON BEACH, FLORIDA I~IARCH 1, 1994 ConTnissioner Walshak assumed this proposed resolution has been prepared in the City's best interests by the City Attorney. He suggested this item be tabled until the two attorneys meet and bring back something that makes sense to all parties involved.- Based on Mr. MacLaren's comments, City Attorney Cherof did not think much disagreement exists. He stated that these rules are, like many other types of rules, for general behavior, and that there will be exceptions to them from time to time. To the extent that a rule would impact upon a contract that has already been written and signed, City Attorney Cherof stated that he would certainly want to look at whether the rule applied to that contract. He stated that we would address these on a case by case basis after the adoption of the rules. In response to Commissioner Watshak, City Attorney Cherof felt this proposed resolution is in the best interests of the City. He felt it requires the sales program to conform itself to the rules, as opposed to having the City conform the rules to the sales program. Mr. MarLaren had no objection to meeting with City Attorney Cherof to find com- mon ground. He said there may be items that City Attorney Cherof is not famil- iar with, based on the sixteen years that his client has enjoyed this relation- ship with the City. Notlon Vice Mayor Aguila moved to strike the word "metal" from rule number 20 and table this item pending the meeting of the City Attorney and the attorney for the Mausoleum. Mayor Pro Tem Matson seconded the motion, which carried 5-0. Proposed Resolution No, R94-36 Re: Authorize execution of one year service contract and service agreement between the City of Boynton Beach and Safety Kleen Corporation to clean automotive parts, lawn mowers, and tractors at the Vehicle Service Division and the Golf Course Vice Mayor Aguila asked why this is not being bid. Carel Fisher of Public Works explained that parts cleaning solvent was furnished by Safety Kleen. The solvent is very detrimental to the environment, and instead of buying solvent and paying for disposal, the City had an agreement with Safety Kleen, who would supply the solvent and when soiled, clean out the machine and refill it with clean solvent. As time progressed, other things became hazardous, such as antifreeze and waste oil. The City used to sell its waste oil, but had to pay for it to be picked up. When it was picked up, the City was liable if the truck had a wreck and a spill occurred. Safety Kleen will collect the antifreeze and waste oil and when they leave City property, they own it. Mr. Fisher advised that oil filters now have to be recycled. Safety Kleen provides a complete service package at the best economical rate the City could find. In addition, Safety Kleen is licensed by the Federal government through the Interstate Commerce Commission to transport hazardous waste without any drawbacks against the City. - 14 - HINUTE$ - REGULAR CITY COI~I$$ION HEETING BOYNTON BEACH, FLORIDA NARCH 1, 1994 Vice Mayor Aguila suggested that the City be listed as an additional insured on the Certificate of Insurance. Norton Vice Mayor Aguila moved approval, with the stipulation that the City be listed as an additional insured. Commissioner Walshak seconded the motion, which carried 5-0. Proposed Resolu[lon No. R94-37 Re: Authorize execution of agreement between the City of Boynton Beach and ARZ Builders, Inc. reference construction of the East Ocean Avenue Improvement Project (500 Block) Vice Mayor Aguila asked what the bid was before it was adjusted and why was it adjusted. City Manager Miller referred to Agenda Memorandum No. 93-355 and stated that the contractor/bidder agreed to reduce the curbing by $1,330.00 and the survey by $600.00. Therefore, the bid was reduced by $1,930.00. No~lon Vice Mayor Aguila moved approval of Item III.C.8. Commissioner Katz seconded the motion. Commissioner Walshak asked City Manager Miller to make sure this project starts on April 1, 1994, as the Commission promised. City Manager Miller stated that the contractor is ready. Once this is ratified and signed and the insurance and bonds are in place, the contractor can begin. Vice Mayor Aguila advised that the entire sidewalk has been ripped out at the intersection of U. S. 1 and Ocean Avenue and that part of this work is within the jurisdiction of this contract. City Manager Miller will investigate this matter. The motion carried 5-0. Proposed Resolution No, R94-38 Re: Authorize execution of an agreement between the City of Boynton Beach and Knollwood Groves regarding the design and construction of Miner Road Vice Mayor Aguila asked for a synopsis on the history of this project. City Manager Miller distributed and reviewed a sketch of Miner Road. He advised that the eastern one-third of Miner Road is complete. City Manager Miller stated that the missing link one-third of the road is referred to as the Glick PUD. This is a spinoff from the Sandalwood develop- ment. They are vested because the major part of the development, which was Sandalwood, has been built. The City accepted a bond from Glick in the amount of $54,000.00 to cover the cost of the missing link; however, it is not enough. - 15 - NZNUTE$ - REGULAR CITY COI4NI$$ION HEETING BOYNTON BEACH, FLORIDA HARCH 1, 1994 In the draft agreement being presented to the Commission this evening, Glick is proposing to deposit with the City $79,124.00 to be applied toward design and construction costs of Miner Road. City Manager Miller stated that the western one-third section of the road is Citrus Glen. The drainage system has been constructed, but the road is not usable. Through the settlement agreement that the City entered into, Mr. Granados forwarded the City $110,200.00 to take care of this one-third section. City Manager Miller advised that Knollwood is proposing to contribute to the City the amount of $108,515.00. The contributions from Granados, Knollwood, and Glick total $297,839.00 for the design and construction of this project. City Manager Miller stated that based on discussions with Malavassi and Rossi, if the missing link were constructed with three lanes, curb, gutter, and sidewalk (one side), it would cost approximately $190,000.00. If the missing link section were constructed with two lanes, curb, gutter, and sidewalk (one side), it would cost approximately $170,000.00. This does not include costs for engineering, design, survey and maps. Therefore, it could conceivably cost about $400,000.00 to construct the missing link and western sections of the road. Therefore, the scope of the work will have to be scaled down on this project to two lanes with no sidewalk, curb or gutter. City Manager Miller advised that Knollwood was approved in late 1989. One of the conditions of approval was that Knollwood was to pay the sum of $760,000.00 to improve the roadway system in the area with specific improvements to be made to Miner Road and Hypoluxo Road. That amount was to be equal to the money which would be paid in road impact fees. The renewal on the PUD came due in August or October of 1993. Commissioner Walshak asked if Granados' $110,200.00 would cover the cost of building the western one-third of the road. City Manager Miller advised it would not. Commissioner Walshak asked why that amount was accepted. City Manager Miller advised that at that time, the consulting engineer informed his office that that money would provide a two lane road. Now we are looking at three lanes with curb, gutter and sidewalk. Mayor Harmening stated that there is no guaranty that if the City bids the road, it can get a bid for $297,839.00. Vice Mayor Aguila asked how Knollwood arrived at the $108,515.00. Anna Cottrell explained that the cost estimates for the road construction were developed by Gee & Jenson, the City's consulting engineers. That was determined to be the full cost to construct the missing link. Knollwood's share of it was all of that missing link, minus the $78,000.00 that was committed to by Glick; $54,000.00 of which is already bonded. At Knollwood's request, Glick came up with an additional $25,000.00 contribution in exchange for the City's support on impact fee credits for the full amount. Vice Mayor Aguila asked if it is the City's problem that the consulting engineer gave poor advice and Knollwood is not successful in completing the missing link. - 16 - HINUTE$ - REGULAR CITY COMHI$$ION HEETiHG BOYNTOH BEACH, FLORIDA HARCH 1, 1994 Ms. Cottrell advised that this can continued to be discussed, with the recogni- tion that Knollwood has absolutely no impact on Miner Road. When this approval was done, Miner Road did not exist, except on the City's plans. No recognition for impact fee credits would have been given by the County because it was not on the thoroughfare plan. As part of the approval of Knollwood, the City also requested that the County put Miner Road on the thoroughfare plan, therefore, eligible to receive this money for construction. Vice Mayor Aguila stated that the Knollwood Groves PUD has expired and the City is in need of assuring the construction of Miner Road. Knowing that the City has full support in completing this third link would go a long way to making him feel comfortable that this is a worthy investment. Both Knollwood Groves and the City would be getting something out of this. Ms. Cottrell stated that this agreement that has been presented is a result of discussions that occurred over a period of a year and a half. If there is a problem now with the original cost estimates on which the proposed agreement was based, Knollwood would be willing to go back to the table. Ms. Cottrell suggested working with staff on this. Commissioner Walshak asked if Knollwood would be willing to put more money into this project to get it completed if the City can work along with the vesting. Ms. Cottrell believed this was possible. Motion Commissioner Walshak moved to table this item to allow Knollwood Groves to work with the City to see if they can come up with the additional money to build the road. Mayor Pro Tem Matson seconded the motion. Vice Mayor Aguila stated that he does not wish to take advantage of Knollwood Groves' position and the fact they would like to keep their PUD alive. He has a problem with some of the extensions the Commission has been giving in the past few years with the excuse that the economy has been bad. He felt we are taking advantage of our ability to provide extensions and shortchanging the citizens of services that they would be provided ordinarily that they will not get once the project is vested. He did not want to get this piece of road constructed by taking advantage of Knollwood Groves; however, they are in a position, based on their impact fees and the fact that Hypoluxo Road is no longer needed, to transfer an adequate sum of money for Miner Road without feeling they are being taken advantage of. Mayor Harmening would rather see the City come up with the balance of the money. He stated that there is nothing in the Code which says we can grant vesting. They vest their interest in a PUD if they had a PUD which they do not. It has expired and has not been extended. Mayor Harmening is not in favor of any more extensions of PUDs. He pointed out that the Code only makes reference to one extension, and as far as the development Code is concerned, the only way any- thing can be vested is by performance. Mayor Harmening felt vesting the Knollwood PUD for a sum of money is a dubious method of going about something. He pointed out that the City might want to sue Gee & Jenson for malpractice. - 17 - HINUTE$ - REGULAR CITY COI4HI$$IOH HEETING BOYNTON BEACH, FLORIDA taJU~CH 1, 1994 Commissioner Walshak stated that about one hundred lots have been sold or are on the verge of being sold. If an extension is granted, we may see another hundred homes on that property in the next one to three years, which affects the ad valorem tax base of the City. He felt this should be taken into consideration when deciding on whether or not to grant extensions. Furthermore, Knollwood is trying to work with the City to solve this problem. Commissioner Walshak stated that if the City could have built the road with its own money, it would have done so. He said this road is a matter of life and death. The schools on Lawrence Road need medical, fire, and police access. Commissioner Walshak stated that Knollwood is making a legitimate effort to try to cooperate with the City and he thinks we should extend the same courtesy to them. The motion carried 4-1. Mayor Harmening cast the dissenting vote. 10. Proposed Resolution No, R94-39 Re: Knollwood Groves Road Impact Fees reference Miner Road Vice Mayor Aguila pointed out that Proposed Resolution R94-39 is tied together with Proposed Resolution No. 94-38. City Attorney Cherof suggested tabling Items III.C.iO, III.C.11 and III.C.12, since these items have all traveled together for a good period of time. He did not think it would hurt to have them travel together for one more meeting. Ho~ton Vice Mayor Aguila moved to table Items III.C.IO, III.C.11 and III.C.12. Mayor Pro Tem Matson seconded the motion, which carried 4-1. Mayor Harmening cast the dissenting vote. Hot:Ion Vice Mayor Aguila moved to table Item X.B.2. Commissioner Walshak seconded the motion, which carried 4-1. Mayor Harmening cast the dissenting vote. 11. Proposed Resolution No, R94-40 Re: Authorize execution of an agreement between the City of Boynton Beach and the Gene B. Glick Company, Inc. regarding the construction of Miner Road This item was removed from the Consent Agenda and tabled. 12. Proposed Resolution No, R94-41 Re: Glick Road Impact Fees reference Miner Road This item was removed from the Consent Agenda and tabled. - 18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1994 IV. ANNOUNCEMENTS AND PRESENTATIONS A. Announcements 1. Nayor Pro Tem Natson - Woman of the Year Mayor Harmening announced that Mayor Pro Tem Matson was named Woman of the Year by the Boynton Beach Leisureville AARP. A ceremony will be held on March 16, 1994. 2. Proclamations a) Boynton's Great American Love Affair Mayor Harmening read a Proclamation declaring March 18, 1994 through March 20, 1994 as Boynton's Great American Love Affair and extended to all a warm welcome from the City of Boynton Beach. b) Shrine Hospital Days Mayor Harmening read a Proclamation declaring April 1, 1994 through April 11, 1994 as Shrine Hospital Days in recognition of the outstanding and unselfish work of the many Shriners of North America. c) Save Your Vision Week Mayor Harmening read a Proclamation declaring March 6, 1994 through March 12, 1994 as Save Your Vision Week and urged all citizens to reflect on the valuable role vision has placed in their lives, and to give special attention to their eye care needs this particular week and throughout the month. d) 5Oth Anniversary of D-Day Mayor Harmening read a Proclamation declaring June 6, 1994 as the observance of the 50th Anniversary of D-Day and extended official greetings to the citizens of Cherbourg via Mr. Smiles. 3, Municipal General Election Mayor Harmening announced that the Municipal General Election will be held on March 8, 1994. B, Presentations 1, I~nployee of the Month City Manager Miller asked that this item be tabled until the next meeting since the Employee of the Month, Dat. Tony Principe, had to leave the meeting earlier this evening. - 19- NINUTES - REGULAR CITY CONNISSIOH NEETING BOYHTON BEACH,, FLORIDA HARCH 1, 1994 BIDS Exterior caulking and seal coating of the City Hall Complex - Consideration of awarding bid to Western Waterproofing Company of America and authorization to execute contract (Proposed Resolution No. R94-42) Per agenda memorandum from the Purchasing Department, the reason for the bid is to coat, seal and caulk the exterior buildings to help improve air quality of the City Hall Complex. The Tabulation Committee recommended awarding the bid to Western Waterproofing Company of America, Pompano Beach, Florida, in the total amount of $95,725.00. The first and second low bids were rejected for not receiving preapproval on material substitutions. Western Waterproofing Company of America is the most responsive, responsible bidder meeting all required bid specifications. Notion Vice Mayor Aguila moved to award the bid to Western Waterproofing Company of America and to approve Proposed Resolution No. R94-42. Mayor Pro Tem Matson seconded the motion, which carried 5-0. VI. PUBLIC HEARING None. VII, PUBLIC AUDIENCE Nike Smollon was present on behalf of the Boynton Beach Firefighters Local 1891. He said this Union would like to strongly protest any attempt by any member of the Commission or the administration to interfere with the firefighters' legal ability to campaign for any candidate of their choice in the upcoming election. Recently, the Union's Business Agent was contacted. Certain comments were made concerning an activity that took place with one of the firefighters. This com- missioner was acting on third-hand information and did not have the facts correct. Mr. Smollon advised that he has spoken with City Manager Miller regarding what the firefighters can and cannot do in terms of campaigning for candidates. When they are off duty and not in uniform, they can exercise the complete rights that any citizen of the United States enjoys. City Manager Miller advised that Union T-shirts can be worn, but nothing can be worn that says, "City of Boynton Beach". Mr. Smollon asked for the Commission's approval of a T-shirt which the fire- fighters wear when campaigning. City Attorney Cherof advised that he is aware of this issue and assured the Commission that he will communicate with the Union's counsel and clarify what they can and cannot do under City rules and under their rights. - 20 - HINUTES - REGULAR CITY CONMISSION HEETING BOYNTON BEACH, FLORIDA MARCH 1, 1994 In response to Commissioner Walshak, City Attorney Cherof advised that the issue is the right of a City employee in uniform or out of uniform to use their posi- tion or to assert their position as a City employee while either promoting some- body for a candidate or lobbying for a particular issue of public interest. Their right to speak freely and to support their candidates has to be balanced against the possibility of intimidation through the use of the uniform. Mr. Smollon stated that according to the Civil Service Rules and Regulations, no City employee or official shall use any promise of reward or threat to encourage or contribute to any political issue, candidate or party. Approximately one week ago when the members were told that a Commissioner was concerned with them compaigning off duty, participation dropped by 50 percent during that week. This could possibly have an affect on the outcome on the election. City Attorney Cherof advised that the subject matter being engaged in is collec- tive bargaining. Ralph Marchese commended the Utilities Department for their excellent response time one day last week relative to an incident with a storm sewer. Vice Mayor Aguila thanked Mr. Marchese for taking the time to express his positive com- ments, not only on this occasion, but on a number of other occasions in the past. Since expiration of their terms is nearing, Maurice Rosentock, 1 Villa Lane, congratulated Mayor Pro Tem Matson and Commissioner Walshak for serving the people of Boynton Beach. Ron HcGeehen of Quik Arrival Towing, requested that the Tow Contract be amended to include seven tow companies on the rotation list. VIII. DEVELOPNENT PLANS None. IX, NEW BUSINESS AA, Breach of Confldentlallt~ Mayor Pro Tem Matson referred to the Florida Statutes, which states that when the Commission goes into executive session to discuss legal settlement, it is not in the sunshine and the records are sealed until the matter is resolved. Somehow the information discussed at that meeting surfaced at Aberdeen Country Club Friday morning at Candidates' Forum. Her opponent stated that the lawsuit could be settled for "X" number of dollars. Mayor Pro Tem Matson asked the City Attorney to look into this to see how this information was divulged, by whom, and what her legal ramifications are. City Attorney Cherof will report back to the Commission. - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA HAP, CH 1, 1994 A. Set date for Spectal City Commission Meeting reference accepting election returns (March 8, 1994 General Election) The vote will be canvassed on Wednesday, March 9, 1994 at 7:30 P. M. The installation of officers will be held at the next regular City Commission meeting on March 15, 1994. Authorization for Motorola Corporation, Pan Amerlcan Subscriber Paging Division, to set up a tent on the west side of their facility (Congress Avenue side) to hold an Engineering Fair fremMarch 23 to March 25, 1994 Per Agenda Memorandum No. 94-80, City staff has no problem whatsoever in granting this approval and recommended,that the Commission approve this request subject to staff comments. Motion Vice Mayor Aguila moved to authorize Motorola Corporation to set up a tent on the west side of their facility to hold an Engineering Fair from March 23 to March 25, 1994, subject to staff comments. Commissioner Katz seconded the motion, which carried 5-0. MAYOR HARMENING DECLARED A RECESS AT 9:14 P. M. THE MEETING RESUMED AT 9:21 P. M. C, Items for discussion requested by Commissioner Walshak 1, Old Sewage Treatment Plant Commissioner Walshak inquired about the Master Plan relative to the Old Sewage Treatment Plant. City Manager Miller advised that Architect David Miller has been asked to come up with a development proposal for consideration in doing the Master Plan of the entire eight acre site. In addition, the Fire Department has been discussing the fire tower situation with other cities. 2, Costa Bella Commissioner Walshak asked for an update on Costa Bella. City Engineer James White advised that the drawings have been revised. The Lake Worth Drainage District changed their position and we have received clearance from the Drainage District. The drawings are now in the hands of the contractor and he is calcu- lating the cost of the additional work involved. He expects to see the proposal next week and a change order at the next regular City Commission meeting. 3, ALS Transport Commissioner Walshak referred to an article in the newspaper which stated that Boynton Beach's ALS Transport Service collected $350,000.00 in additional reve- nues for the City. - 22 - NINUTE$ - REGULAR CITY COI~]I$$ION NEET]lNG BOYNTON BEACH.,, FLOR]IDA 14ARCH 1, 1994 Items for dlscusslon requested b~ Coemlsstoner Katz 1, Trafftc Light at Cltrus Cove Elementar~ $chool and Lawrence Road Commissioner Katz advised that the stacking lanes get filled up fast and block traffic at arrival and departure times. Ho~lon Commissioner Katz moved that the City expend the money, as soon as possible, to put a traffic light at this intersection, or at least get the Police Chief to put an officer there when school is being let in and let out, along with a Palm Beach County Deputy Sheriff to direct traffic. Commissioner Walshak seconded the motion. Vice Mayor Aguila would rather direct the City Manager to research the issue and make a recommendation. City Manager Miller said he would like to get the Engineering Department and Traffic Engineering involved in something like this. Mr. White advised that about a week or two ago, when Citrus Park was being reviewed, the County made a informal recommendation that a traffic light be installed at this location. He does not know what work the County has done or what information they have to support their position. He will call them tomorrow to see if they have done some work. If not, he will contact Lawson, Noble & Associates and see how quickly they can respond. Commissioner Katz withdrew his motion. Hotlon Commissioner Katz moved to direct staff to get the information and find out the feasibility of a light by the next Commission meeting. Mayor Pro Tem Matson seconded the motion, which carried 5-0. X, LEGAL A, Ordinances - 2nd Reading - Public Heartn9 Proposed Ordinance No, 094-4 Re: Amending letter of credit by clarifying the expiration date and setting forth revised rating qualifications City Attorney Cherof read Proposed Ordinance No. 094-4 by title only. No one wishing to speak in favor of or in opposition to this ordinance, Mayor Harmening declared public audience closed. - 23 - HINUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA I~IARCH 1, 1994 Notion Vice Mayor Aguila moved to approve Proposed Ordinance No. 094-4 on second and final reading. Commissioner Walshak seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. e Proposed Ordinance No, 094-5 Re: Vacancy in Candidacy Revision to provide for certain procedures to fill vacancies and candidacy caused by death, withdrawal or removal from the ballot of qualified candidates City Attorney Cherof read Proposed Ordinance No. 094-5 by title only and advised that there is a typographical error in the first "WHEREAS" clause. It should be Section 166.031(6), not Section 116.031(6). No one wishing to speak in favor of or in opposition to this ordinance, Mayor Harmening declared the public audience closed. Notion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 094-5 on second and final reading. Vice Mayor Aguila seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. B,. Ordinances - 1st Reading 1. Proposed Ordinance No, 094-6 Re: Site Plan Rider City Attorney Cherof read Proposed Ordinance No. 094-6 by title only. Notion Commissioner Walshak moved to approve Proposed Ordinance No. 094-6 on first reading. Commissioner Katz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 2. Proposed Ordinance No, 094-7 Re: Knollwood Groves Amendment of Rezoning Development Order This item was tabled. C, Other 1, Ratification of Dental Insurance for all five unions City Attorney Cherof referred to Personnel Memorandum 94-024 with respect to a change in the dental insurance. Those provisions have been submitted to the five collective bargaining units and all, except one, have accepted the change. William Sullivan, Personnel Director, advised that Wanda Stimpson, the represen- tative for the IBF&O, said they have ratified the change and will be forwarding - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BrmACH, FLORIDA PARCH 1, 1994 a letter to the City. Therefore, all five collective bargaining units have now accepted the change. Motion Vice Mayor Aguila moved to approve the ratification of dental insurance for all five unions, pending receipt of a letter from the business agent for the IBF&O. Commissioner Katz seconded the motion, which carried 5-0. Discussion on Cemetery Board/Mausoleum City Attorney Cherof suggested tabling a couple of the items he refers to in his February 24, 1994 memo {Memorandum No. 94-24), including the adoption of the Certificate of Ownership form referenced in the third paragraph of his memo. Under Section 1 of his memo, he states that the Cemetery Board reviewed the Trust that was created a long time ago and realized that notwithstanding the creation of that Trust, the Trustees have never been formally appointed from year to year to serve on that Trust. The Cemetery Board suggested that the mem- bers of the Trust be changed to include all members of the Cemetery Board, plus the Mayor and the City Manager. Mayor Harmening expressed his desire to leave the Trust membership as is. Motion Vice Mayor Aguila moved to table Item X.C.2. Commissioner Katz seconded the motion, which carried 5-0. City Attorney Cherof stated that there is a provision in the Declaration of Trust that permits the Board of Trustees to disburse to the City any money over $2,000,000.00 in the Trust Fund. The Cemetery Board recommended that the $2,000,000.00 threshold be increased to $10,000,000.00. The overage could be used to offset operational costs. Some of the members of the Commission expressed their disapproval of increasing that threshold to $10,000,000.00. City Attorney Cherof had some suggestions for amending the Code to clarify the duties and responsibilities of the Cemetery Board as it relates to the Mausoleum. He will bring this back to the Commission after he has met with the attorney for the Mausoleum. 3, Update on proposed graffiti ordinance City Attorney Cherof advised that additional legal research into the liability that parents have for their children's sins is needed. He will bring this back for first reading at the next meeting. 4, Quantum Park Infrastructure Conveyance and Maintenance Agreement City Attorney Cherof informed the Commission of the warranty deed that conveys the lift stations to the City, the bill of sale that conveys the infrastructure, and the maintenance agreement. - 25 - HINUTES - REGULAR CITY COI414IS$ION HEETING BOYNTON BEACH, FLORIDA MARCH 1, 1994 Notion Mayor Pro Tem Matson moved to accept these documents and authorize the Mayor to sign the appropriate documents. Vice Mayor Aguila seconded the motion. Commissioner Walshak stated that he received this package of information this evening and wondered how anyone expects him to read it all tonight. Mayor Harmening agreed with Commissioner Walshak in principle. However, he pointed out that there are extenuating circumstances in this case and that the City has been after this now for two and a quarter years. The motion carried 3-2. Commissioners Walshak and Katz cast the dissenting votes. City Attorney Cherof pointed out that this requires one document to fall into the hands of the City, and that is an acknowledgement from Quantum Associates that they remain liable and responsible financially for everything that needs to be done under the development orders. He understands that letter is on its way, but everything else will be held pending receipt of it. Mayor Harmening asked if that was in accord with Steel, Hector and Davis' understanding. A gentleman in the audience answered affirmatively. XI, OLD BUSINESS A, Update on Citrus Glen Subdivision (public improvements) This item was discussed earlier in the meeting. XII, CITY MANAGER'S REPORT City Manager Miller had nothing to report at this time. XIII, OTHER None. - 26 - HINUTE$ - REGULAR CTTY COHHI$SION HEETIHG BOYNTON BEACH, FLORIDA PARCH 1, 1994 XIV. AD~OURNHENT There being no further business to come before the Commission, Vice Mayor Aguila moved to adjourn the meeting at 9:50 P. M. Mayor Pro Tem Matson seconded the motion, which carried 5-0. ATTEST: Cit~Clerk -- Recordihg Secretary (Four Tapes) THE CITY OF BOYNTON BEACH /~ Mayor ' ay~ r o Tem ~/~]one'r Commissioner - 27 - AGENDA MARCH 1, 1994 ADVANCED DATA PROCESSING, INC. P.O. 5694. BILLING AND COLLECTIONS FOR ALS CALLS. PAY FROM GENERAL FUND -- 001-221-5-468-00 III. CONSENT AGENDA D cc: Fin, Rec, Util $5,478.31 B. A. ROBERTS, INC. P. O. 5704. RED CLAY FOR BALLFIELDS. PAY FROM GENERAL FUND -- 001-722-5-390-12 $1,181.25 B. D. COLE, INC. RENEWAL OF AD&D COVERAGE JAN. 18. 1994 - JAN. 18, 1995. PAY FROM GENERAL FUND -- 001-211-5-144-00 $3,773.00 B. P. OIL P. O. 5765. GAS FOR CITY VEHICLES. PAY FROM VEHICLE SERVICES FUND -- 501-193-5-321-00 $7,140.63 BOARD OF COUNTY COMMISSIONERS REFUND OF OVERPAYMENT OF TIF DUE TO INCREASE IN FINAL EVALUATION OF CRA DISTRICTS. PAY FROM COMM. IMPROV./CRA FUND -- 621-000-4-111-30 $10,531.00 CH2M HILL DESKTOP CORROSION CONTROL STUDY & PROFESSIONAL ENGINEERING WEST WATER TRTMNT PLANT. PAY FROM UTILITY GENERAL FUND -- 403-000-0-690-10 - $2,016.15 PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 - $1,495.74 $3,511.89 CHANNING L. BETE CO., INC. P. O. 6276. EDUCATION MATERIAL FOR PROGRAMS TAUGHT BY JUVENILE SERVICES. PAY FROM MISC. TRUST FUND -- 691-000-1-691-20 $12,137.96 CHEMLIME P. O. 5718. LIME FOR CHEMICAL SOFTENING. PAY FROM WATER & SEWER REV. FUND -- 401-335-5-365-00 $6,170.40 EASTERN AUTO BODY & GLASS INC. P. O. 6515. REPAIR VEHICLE #426. PAY FROM SELF INSURANCE FUND -- 622-195-440-03 $1,035.20 10. FIVE STAR CONSTRUCTION, INC. P. O. 6439. CONSTRUCTION OF ADDITIONAL RACQUETBALL COURTS AT SARA SIMS PARK. PAY FROM FEDERAL GRANTS FUND -- 105-513-5-640-00 $11,700.00 COMMISSION MAR I 1994 APPROVAL 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. JONES CHEMICALS P. O. 5654. SULFURIC ACID/CHLORINE FOR DISINFECTION. PAY FROM WATER & SEWER REV. FUND -- 401-335-5-363-00 LAWMEN'S PHOTO P. O. 6487. RESTOCK I.D. DIVISION. PAY FROM GENERAL FUND -- 001-211-5-380-01 LAWMEN'S AND SHOOTER'S SUPPLY INC. P. O. 6269. PRACTICE & QUALIFICATION AMMO. PAY FROM GENERAL FUND -- 001-211-5-381-00 JACK L & PATRIClA A~ MCGREGOR LEASE AGREEMENT FOR LANDFILL ACCESS. PAY FROM SANITATION FUND -- 431-341-5-490-06 MERICOM SYSTEMS, INC. P. O. 6290. OFFICE EQUIPMENT FOR DOWNTOWN COORDINATOR. PAY FROM COMM. IMPROV/CRA FUND -- 621-136-5-670-02 - $2,290.62 P. O. 6444. LAPTOP COMPUTER FOR FIRE DEPARTMENT. PAY FROM FEDERAL GRANTS -- 105-221-5-670-02 - $2,949.48 METZGER, SONNEBORN & RUTTER, P.A. LEGAL FEES AND DISBURSEMENTS: HARP VS. CITY OF BOYNTON - $1,034.54; BLACKMON VS. CITY OF BOYNTON - $894.20 PAY FROM SELF INSURANCE FUND -- 622-195-5-468-00 MUNICIPAL CODE CORPORATION 100 COPIES OF SUPPLEMENT 56 CONSISTING OF 106 PAGES. PAY FROM GENERAL FUND -- 001-122-5-477-00 P.R.I.D.E. OF FLORIDA P. O. 5592. RETREAD TIRES. PAY FROM VEHICLE SERVICES FUND -- 501-193-5-322-00 PEROXlDATION SYSTEMS, INC. P. O. 5582. CORROSION CONTROL CHEMICAL. PAY FROM WATER & SEWER REV. FUND -- 401-352-5-365-00 POOLE & KENT CO. P. O. 858. CONSTRUCTION OF WEST WATER TRTMNT PLANT. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10. $1,024.50 $1,089.00 $3,020.00 $4,480.00 $5,24O. 10 $1,928.74 $1,571.89 $1,509.13 $10,873.00 $24,101.00 COMMISSION MAR I ]994 APPROVAL 21. 22. 23. 24. 25. 26. 27. ROBERTS & REYNOLDS, P.~- $31,549.76 LEGAL FEES: HARP VS. CITY - $1,304.93; CONLEY VS. CITY - $1,024.47; BLACKMON VS. CITY - $421.66; STEVENS VS. CITY - $5,008.14; BLOM VS. CITY - $4,268.58; DESNOWERS VS. CITY 0 $102.18; COYLE VS. CITY - $9,170.12; ROUSSEAU VS. CITY - $1,166.86; TENHOEVE VS. CITY - $8,984.34; MAYBUSHER VS. CITY- $98.48. PAY FROM SELF INSURANCE FUND-- 622-195-5-468-00 SOUTH CENTRAL REGIONAL WSTWTR TRTMNT & DISPOSAL BD. RECLAIMED WATER SYSTEM - GENERAL CONSULTING BROWN & CALDWELL - R & R PROJECTS - INSCHO-KIRLIN. PAY FROM UTILITY GENERAL FUND -- 403-000-0-691-22 - $32,583.74 $216,183.06 USER CHARGES FOR JANUARY 1994. PAY FROM WATER & SEWER REV. FUND -- 401-353-5-490-09 - $183,599.32 SOUTHEASTERN PUMP CORP. P. O. 6456. LIFT STATION 716 BRENTWOOD PUMP REPLACEMENT. PAY FROM WATER & SEWER REV. FUND -- 401-352-5-345-00 - 5,454.00 $10,630.00 P. O. 6527. SUBMERSIBLE PUMP ACCESSORY PACKAGE/PUMPS FOR NEW INSTALLATION. PAY FROM WATER & SEWER REV. FUND -- 401-352-5-433-03 - $5,176.00 SUNNY TIME TOURS CYPRESS GARDENS SENIOR TRIP. PAY FROM REC. SPECIAL REV. FUND -- 472-000-4-472-10 $1,127.00 TARE LAWN MAINTENANCE P. O. 5781. LANDSCAPE CONTRACT. PAY FROM GENERAL FUND -- 001-722-5-430-15 $4,743.00 UNIVERSAL ENGINEERING SCIENCES, INC. P. O. 6209. C.A.R. TESTING & MONITORING WELLS. PAY FROM PUBLIC SERVICE TAX CONSTRUCTION -- 301-394-5-629-10 $1,875.00 ERNST & YOUNG FINAL BILLING FOR PROFESSIONAL SERVICES. PAY FROM VARIOUS ACCOUNTS. $26,500.00 COMMISSION MAR ! [994 APPROVAL J THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT. DIANE REESE, ASSISTANT FINANCE DIRECTOR THEREFORE RECOMMEND PAYMENT OF THESE BILLS. J. SCOTT MILLER, CITY MANAGER COMMISSION MAR I 1994 APPROVAL