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Minutes 05-18-93PRESENT MINUTES OF THE REGULAR CITY COI~ISSION MEETING HELD IN COHHISSION CHAI~ERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NAY 18, 1993 AT 6:30 Edward Harmening, Mayor Jose Aguila, Vice Mayor David Katz, Commissioner Lynne Matson, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - M~yor Edward Harmenlng B. Invocation C. Pledge of Allegiance to the Flag led bY Com~tssioner Bob Walshak Mayor Harmening called the meeting to order at 6:30 p.m. Following an invoca- tion by Reverend Henry Ackermann, Commissioner Walshak led the Pledge of Allegiance to the Flag. 'D. Agenda Approval: 1. Additions, Deletions, COrrectionS Vice Mayor Aguila requested Item VIII-C.3, "Captain Frank's", be added to the agenda. ~ Commissioner Matson asked that Item II-A.4 be added to discuss "Talent Bank Form Restructure". Commissioner Matson added a discussion of "Sidewalk on Northeast 4th Street" under Item XI-D.1, and the "Condition of Miner ROad" as Item XI-D.2. Commissioner Katz deleted Item XI-A.1, "Removal Of Board Members", and added Item XI-A.3 - "Finizio vs. the City of Boynton Beach". City Manager Miller added a bill in the amount or $12,351.23 for Dixie Power under Item III-C. ~ City Manager Miller withdrew the Proclamation under Item IV-A.3. 2. Adoption Commissioner Matson moved to approve the agenda as corrected. seconded the motion which carried 5-0. II. ADMINISTRATIVE: Vice Mayor Aguila A. Accept the following resignations from City Boards: 1. Tom Sheehan - Education AdvlsoryiBoard - Regular Member 2. Shirley A, Stevens - Planning & Bevelopment Board - Regular Member 3. Andrew Luchey, Jr, - Community Relations Board - Alternate Member -1- NINUTES - REGULAR CITY CONNZS$IONNEETING BOYNTON BEACH, FLORIDA NAY 18, 1993 Notion Commissioner Matson moved to accept the resignations. Vice Mayor Aguila seconded the motion which carried unanimously. Attorney Cherof. advised that Item VIII-B.2, Cedar Grove, should be deleted from the agenda. 4. Talent Bank Forms Commissioner Matson would like to see the Nuisance Abatement Board included on the Talent Bank Forms. Further, she suggested that the Form inquire, "Are you a resident of the City of Boynton Beach?" Commissioner Matson feels more detailed information should be required on the Form so that an informed selection can be made by Commissioners. Vice Mayor Aguila, City Manager Miller and Laura Widmer recently discussed the Form and City Manager Miller reported that Ms. Widmer is working on redoing it. B. Board Appointments: Appointment to be Made Reg/ Board Alt Length of Term Expiration Date Mayor Harmening II Walshak IV Matson IV Matson Mayor Harmening I Katz III Aguila IV Matson I Katz Mayor Harmening IV Matson Mayor Harmening I Katz II Walshak III Aguila Civil Service Board Alt Code Enforcement Bd. Alt Comm. Redev. Adv. Bd. Alt Education Adv. Bd. Student Education Adv. Bd. Student Nuisance Abatement Bd. Reg Nuisance Abatement Bd. Reg Nuisance Abatement Bd. Alt Cemetery Board Alt Education Adv. Bd. Alt Children & Youth Alt Elderly Advisory Bd. Alt Education Adv. Bd. Reg Community Relations Bd. Alt Planning & Development Reg 2 yr term to 4/95 TABLED Term expires 9/93 TABLED Term expires 8/93 TABLED Term expires 6/93 TABLED Term expires 6/93 TABLED 2 yr term to 4/95 TABLED 1 yr term to 4/94 TABLED 1 yr term to 4/94 TABLED 1 yr term to 4/94 TABLED 1 yr term to 6/94 TABLED Term expires 4/94 1 yr term to 6/94 Term expires 6/94 Term expires 4/94 Term expires 4/94 Notion Vice Mayor Aguila moved to remove all tabled appointments from the table. Commissioner Matson seconded the motion which carried unanimously. Mayor Harmening tabled his Alternate appointment to the Civil Service Board. Commissioner Walshak tabled his Alternate appointment to the Code Enforcement Board. Commissioner Matson tabled her Alternate appointment to the Community Redevelop- ment Advisory Board. -2- H~NUTE$ - REGULAR CITY COHMI$$ION HEETING BOYNTON BEACH, FLORIDA HAY IB, 1993 Hotlon Vice Mayor Aguila moved to strike the two student appointments to the Education Advisory Board from the agenda. Commissioner Matson seconded the motion which carried unanimously. Commissioner Katz tabled his Regular appointment to the Nuisance Abatement Board. Vice Mayor Aguila appointed Richard Yerzy as a Regular member of the Nuisance Abatement Board, without objections. Commissioner Matson tabled her Alternate appointment to the Nuisance Abatement Board. Commissioner Katz tabled his Alternate appointment to the Cemetery Board. Mayor Harmening tabled his Alternate appointment to the Education Advisory Board. Commissioner Matson appointed Fawn Bradley as an Alternate member of the Children and Youth Advisory Board, without objections. Mayor Harmening tabled his Alternate appointment to the Elderly Advisory Board. Commissioner Katz tabled his Regular appointment to the Education Advisory Board. Commissioner Walshak tabled his Alternate appointment to the Community Relations Board. Vice Mayor Aguila moved Bradley Miller from an Alternate position to a Regular position on the Planning and Development Board, without objections. C. Consider switching positions (Regular & Alternate) on the Library Board As outlined in Library Memorandum No. 93-009, Marie Shepherd will be moved from the Alternate position to the Regular position and Naomi Sechtor will accept the Alternate position. Vice Mayor Aguila moved to approve. Commissioner Matson seconded the motion which carried unanimously. D. Consider authorization to reduce retatnage for Poole & Kent Company for East Water Treatment PlantImprovements Vice Mayor Aguila moved to approve. Commissioner MatSon seconded the motion which carried unanimously. E. Consider proposals from the Building Department to enhance 1993/94 occupational license revenues for fiscal year 1993/94 Commissioner Walshak moved to approve. Commissioner Matson seconded the motion. Vice Mayor Aguila requested clarification on Item #1 of Building Department Memorandum No. 93-095 dealing with licensing of all professionals. Don Jaeger, -3- HINUTES - REGULAR CITY CONHISSION HEETING BOYNTON BEACH, FLORIDA NAY 18, 1993 Building Official, explained that there was a time when the City licensed each professional in every office. That procedure was eliminated under Mayor Moore, but the Building Department is now recommending reinstituting it. Commissioner Matson questioned Section 13-22. She wondered why single-family residences are not regulated. It was explained that they were at one time, but are not any longer since they are difficult to enforce and very little revenue was generated. Vice Mayor Aguila supports Recommendations #2 and #3, but is uncomfortable with the licensing of all professionals. He was advised that approximately $12,000 of additional revenue will be generated by this addition. Mr. Jaeger further pointed out that Attorney Cherof has provided an opinion that the $25 regulatory fee may or may not be consistent w~th State law; however, Mr. Jaeger stated other municipalities have instituted the fee which will bring in a significant amount of revenue. He does not feel many problems will be encount- ered. Mayor Harmening feels many contractors will be unhappy with this fee and thinks this a definite violation of the law. The motion carried 4-1. (Mayor Harmening cast the dissenting vote.) F. Conslder replacement of thtrty (30) electrlc 9olf carts and one~(1) ranger cart for the Boynton Beach #uniclpal Golf Course Commissioner Katz was advised that the Golf Course is divided into three divi- sions. The fee collected for the rental of carts goes back in for replacements. Notion Commissioner Walshak moved to approve. Commissioner Matson seconded the motion which carried unanimously. G. Coemunlty Development Block Grant Phase II Legal Descriptions/Gee & ~enson Task Order Vice Mayor Aguila moved to approve. Commissioner Matson seconded the motion. Commissioner Katz made reference to the rates and was advised by City Manager Miller and Richard Staudinger that the total contract is not to exceed $5,200. The motion carried 5-0. H. System Integration Contract for Data Acquisition and Control System at the East Water Treatment Plant Commissioner Walshak moved to approve Item II-H. Vice Mayor Aguila seconded the motion which carried unanimously. I. Ocean Ridge Shore Protection Project reference Palm Beach County's request regarding parking Vice Mayor Aguila moved to approve. Commissioner Matson seconded the motion which carried 5-0. -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 18, 1993 III. COHSENT AGENDA: A. Nlnutes 1. Regular City Commission Meeting Minutes of May 4, 1993 2. Special City Commission Meeting Minutes of May 6, 1993 B. Bids - Recomnend Approval - All expenditures are approved in the 199~-93Adopted Budget 1. Joint Co-op bid for Bulk Quicklime for the Utilities Department As outlined in Purchasing Agent Lana Koester's memorandum, the Cooperative Purchasing Council of Palm Beach County jointly renewed the bid to Allied Lime Company of Birmingham, AL, in the amount of $80.O0/ton x 2,000 tons {estimated usage) for a total of $160,000. Allied Lime is the most responsible, responsive bidder and meets all specifications. They have had this contract for the past few years and have provided a quality product and good service. C. 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. Do Payment of Bills - April, 1993 A copy of these bills is attached to the original minutes of this meeting on file in the City Clerk's Office. E. Receive and file departmental activity reports Motion Commissioner Katz moved to approve with the addition of the bill for Dixie Power in the amount of $12,351.23. Vice Mayor Aguila seconded the motion which carried unanimously. A FIVE-MINUTE RECESS WAS DECLARED BY MAYOR HARMENING. Commissioner Matson moved to remove Mayor Harmening's Alternate appointment to the Elderly Advisory Board from the table. Vice Mayor Aguila seconded the motion which carried unanimously. Mayor Harmening appointed Betsy Miller as an Alternate member of the Elderly Advisory Board, with no objections. IV. ANNOUNCEMENTS & PRESENTATIONS: A. Proclamations: 1. Emergency Medical Services Week - May 23-29, 1993 Mayor Harmening read a portion of the Proclamation declaring the week of May 23 through May 29, 1993, as Emergency Medical Services Week. -5- NZNUTE$ - REGULAR CZTY COI4NZ$$~ON NEETZNG BOYNTON BEACH, FLORIDA liAY 18, 1993 2. National Safe Boating Week - June 6-13, 1993 Mayor Harmening read the entire Proclamation declaring the week of June 6 through June 13, 1993, as National Safe Boating Week. The Proclamation was pre- sented to a representative of the Coast Guard who invited all interested parties to sign up for free courses and literature-at the Boynton Beach Mall during National Safe Boating Week. B. Presentations: Presentation by Metropolitan Planning Organization of Palm Beach County reference 1993 Local Area Transit Service Feasibility Study Ron Blackshear is a Senior Planner for the Metropolitan Planning Organization and the Project Manager for the study. In conjunction with CoTran, a study is underway for six cities including Boca Raton, Delray Beach, Boynton Beach, Palm Beach Gardens, Jupiter and Riviera Beach. The studies commenced in April, and it is hoped that they will be completed in November of 1993. Every year, an evaluation is performed of the CoTran system along with the SpecTran system. Hopefully, the six studies will be completed in time for the presentation of the transportation improvement plan to the State. Although Boynton Beach had transit service at one time, it was discontinued in 1988 due to budgetary constraints and lack of ridership. The City is interested in linking elderly residents to businesses located along Congress Avenue between Woolbright Road and NW 22nd Avenue. Also, the City Manager has requested the MPO pursue the acquisition of four vehicles for the local area transit service. The scope of the study includes goals and objectives established by MPO and CoTran with the general goal being to reduce congestion and single-occupancy vehicle trips. The four objectives arrived at include: development of a shuttle bus system which will serve the area in an efficient and effective manner and link with the fixed-route system; development of an operations program which will support the shuttle system; enhancement of area by development of a shuttle bus system which will attract new employers to the area; and development of a shuttle bus system which will be supported by each municipality. Six activities were derived from the four objectives. They are: 1. the collection of data and establishment of a steering committee to assist in data collection; -6- HINUTES - REGULAR CITY CONHISSION HEETING BOYNTON BEACH, FLORIDA NAY 18, 1993 '2. public meetings to interact with the Commissioners, residents and the business community; data analysis activity to gather information on the geo- graphic area involved, review of private and public services linking the proposed new system, determination ,of physical layout of streets, roadway barriers, determination of the most useful route structures, amenities such as bus shelters, incorporation of existing and future land uses, current population, employee use of the system, etc.; preparation of alternatives including proposed routing structures and improvement of. current ridership, fund- ing alternatives, vehicle acquisitions, etc.; 5. public hearings to provide an opportunity to review the different scenarios; and 6. presentation of the final report to each City. Commissioner Katz asked who would provide and maintain the bus shelters at the bus stops. Mr. Blackshear advised that this would be part of the funding mecha- nisms being investigated. An attempt will be made to get capital and operating costs from the State and Federal governments. In response to Commissioner Matson's question, City Manager Miller stated that once the study is completed, the City will then establish the routes. Implementation of service is expected by the beginning of 1994. Wllda Searcy suggested incorporation of one bus route on Seacrest Boulevard and another on Congress Avenue. V. BIDS: None VI. PUBLIC HEARING: Ae Project Name: Agent: Owner: Location: Description: High Ridge Road Kieran J. Kilday, Kilday & Associates Newport Place Inc., A Florida Corporation West side of High Ridge Road, approximately 1,000 feet south of Hypoluxo Road ANNEXATION/LAND USE AHENDNENT/REZONING: Request for annexation, land use amendment and rezoning, Mr. Cutro made the presentation and explained that the applicant is seeking a Low Density Residential land use designation and R-1-AAB (Single-Family Residential) zoning. The purpose of this application is to provide an addi- tional access to Stanford Park. This will add an additional 140 trips on High Ridge Road. -7- #INUTE$ - REGULAR CITY COMMISSION #EETING BOYNTON BEACH, FLORIDA NAY lB, 1993 Only one person spoke in opposition of this application at the Planning and Development Board meeting because of his fear that vehicle lights would shine into his bedroom windows. It has been determined that the. road can be moved slightly to the south to alleviate the gentleman's problem. The Planning and Development Board forwarded this application with a recommendation for approval. THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING. Mr. Kilday confirmed that the roadway will be placed between the north and south properties. Because of the number of trees on the lot, there will be a buffer of approximately seventy (70) feet on each side. Further, it is anticipated that some of the trees will be left in the right-of-way. Vice Mayor Aguila moved to approve the annexation, land use amendment, and rezoning for Newport Place, High Ridge Road. Commissioner Matson seconded the motion which carried 5-0. Be Project Name: Agent: Owner: Location: Description: N,E, 5th Avenue Christopher Cutro City of Boynton Beach N.E. 5th Avenue, east of North Federal Highway ABANDONMENT: Request for abandonment of a 241.25 foot portion ,fa 10 foot wide local street right-of- way. Mr. Cutro made the presentation. This is part of the St. Mark's conditional use to expand their school. The applicant provided a full right-of-way description and City staff prepared the papers. This application was forwarded by the Planning and Development Board with a recommendation for approval. There is a requirement for an easement which will have to be recorded and. brought back for final resolution. THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING. #o~lon Commissioner Walshak moved to approve Item XI-B with staff comments. Commissioner Matson seconded the motion. The motion carried 5-0. Project Name: Agent: Owner: Location: Description: Nelneke Discount Nuffler Ronald J. Moore Raymond J. Moore 925 North Federal Highway; approximately 210 feet south of the southwest corner of N.E. lOth Avenue and North Federal Highway ABHANDONNENT: Request for abandonment of 105 feet of a 20 foot wide alley located between the F.E.C. Railroad right-of-way and the west property line of 925 North Federal Highway. -8- #INUTES - REGULAR CITY COI~ISSION HEETING BOYNTON BEACH, FLORIDA NAY 18, 1993 Mr. cutro made the presentation and explained that the alleys to the north and south of the property have already been abandoned. The abandonment of this alley will provide security for the property. The Utilities Department has requested a twenty (20) foot easement be maintained in the abandoned alley because of existing sewer lines. The Planning and Development Board forwarded this application with a recommendation for approval subject to the filing of a utility easement over the abandoned alley. Lloyd Powe11, owner of property at 1112 North Federal HI~ spoke in support of this'application.-- ..... THERE WAS NO ONE ELSE PRESENT TO SPEAK ON THIS APPLICATION. Motlon Commissioner Walshak moved to approve Item XI-C subject to staff comments. missioner Matson seconded the motion which carried unanimously. VII. PUBLIC AUDIENCE: Com- Wtlda Searcy~ 402 NE 13th Avenue~ spoke in support of a centrally-located high schoOl for Boynton Beach and bus service along Congress Avenue and Seacrest Boulevard. VIII. DEVELOPNENT PLANS: A. CONSENT AGENDA - UNANIMOUSLY APPROVED BY PLANNING AND OEVELOPNENT BOARD Agent: Owner: Location: Project Name: Ambulatory Surgical & Endoscopy Center Wayne E. Puls Tralis, Inc. 2351S. Seacrest Blvd., northwest corner of South Seacrest Blvd. and S.W. 23rd Avenue Description: SITE PLAN: Request approval to develop a .527 acre site into a 4,670 square foot, one story medical office building that includes associate parking and landscaping. Mr. Cutro made the presentation. The proposed Center required side setback variances which were approved by the Board of Adjustment at last night's meeting. During the Board of Adjustment meeting, some residents of nearby pro- perties appeared seeking further information. The closest building in the adja- cent condominum complex is approximately forty-six (46) feet from the wall. It has been confirmed by the County Traffic Engineer that no dedication will be required from this site. The Planning and Development Board reviewed this application and forwarded it with a recommendation for approval. Vice Mayor Aguila asked for clarification of Mr. Foot's drainage concerns. Mr. Cutro explained that Mr. Foot's property is located approximately fifty (50) feet down on the south side of 23rd Avenue. Mr. Foot advised of a consistent flooding problem when heavy rains are experienced. Mr. Cutro stated Mr. Foot's house is sixteen (16) inches below the crown of the road. Further, over the -9- #INUTES - REGULAR CITY COHFIIS$ION FLEETING BOYNTON BEACH, FLORIDA HAY 18, 1993 years, changes have been made to driveways in the area and the water flows off the adjacent property into Mr. root's yard. The applicant has offered to deepen their swales on the Seacrest side; however, that may not be enough to alleviate the problem. It was suggested that the City Engineer investigate the situation and make recommendations about locating catch basins. Mr. Foot further suggested using the criteria for a ten-year rain storm, but the City currently uses the three-year rain storm criteria recommended by the South Florida Water Management District. cOmmissioner Katz wondered why the City did not direct the applicant to use the vacant building just further south on Seacrest Boulevard rather than developing this lot. Mr. Cutro explained this request came in as a new application. No one encouraged development of this site. Mayor Harmening advised that this particular corner will soon be the site of road improvements by Palm Beach County and-felt it would have been more advan- tageous for the City if those improvements had already been made. FLotlon Commissioner Walshak moved to approve Item VIII-A. Vice Mayor Aguila seconded the motion which carried 4-1. (Commissioner Katz cast the dissenting vote.) B. NON-CONSENT AGENDA - NOT UHANIFIOUSLY APPROVED BY PLANNING AND DEVELOPHENT BOARD Project Name: Agent: Owner: Location: Description: Boynton Beach Promenade Reese Jarrett, President, Max Developers, Inc. Max Developers, Inc. 901 North Congress Avenue SITE RI. AN MODIFICATION: Request approval to increase the previously-approved floor area for the shopping center from 75,130 square feet to 79,318 square feet. The modification includes changing the location, shape and size of the building titled Retail "B", reconfiguring the parking spaces along the south and west sides of Retail "B", and relocating an existing dumpster enclosure to the northwest of the bank building. Mr. Cutro made the presentation and advised that a landscape appeal is also involved. The request for the increase is to keep the second floor portion of the old structure and not remove it as had been originally planned. Since the 1992 approval, the site plan has been altered to shift the bulk of the building to the Office Max structure, move that structure to the south because it conflicts with an electrical transformer and increase the height of the Office Max facade by four (4) feet. The applicant has also requested the landscape appeal to allow for the use of existing material rather than replacing the material on a 50/50 basis with native material. - 10 - HZNUTE$ - REGULAR CXTY COI~I$$ZON HEETING BOYNTON BEACH, FLORIDA I~Y 18, 1993 The Planning and Development Board reviewed this application and forwarded to the City Commission with a recommendation for approval with a condition attached to the landscape appeal that additional Palm trees be planted in front of the building in the sidewalk area. The applicant agreed to plant five (5) Sable Palms,on thirty-foot centers, eighteen to twenty feet high. Vice Mayor Aguila confirmed that the applicant will plant clusters of Sable Palms rather than single Palms. #otlon Vice MaYor Aguila moved to approve the request from Boynton Beach Promenade on both the increased area as well as the landscape appeal subject to staff com- ments and the clustering of Sable Palms as indicated by the Planning Director. Commissioner Matson seconded the motion which carried 5-0. C. OTHER: Request for one year ttme extension of a conditional use by Exxon for a convenience store with gasoline sales located at the southeast corner of Woolbright Road and Congress Avenue Mr. Cutro reported that the Technical Review Committee reviewed this request and provided comments. The dedications which were questioned have taken place and the documents were received from the County. The Planning and Development Board reviewed this request and forwarded it with a recommendation for approval sub- ject to the site being brought up to Code to prevent blowing sand. Mr. Cutro advised that staff is trying to contact R J Developers, the owners of the remainder of the site where the problem exists, to advise of the problem. If they indicate nothing will be done, Code Enforcement will be alerted. Mr. Cutro suggests closing the access points to eliminate the complaint of people parking and selling items at this location. Notion Vice Mayor Aguila moved to approve the one-year extension of the conditional use subject to staff comments. Commissioner Walshak seconded the motion. Commissioner Katz stated Exxon has stated publicly that they plan to pull out of the State entirely. Mayor Harmening remarked that at the present time, Exxon is pulling out of Dade, Broward and Palm Beach Counties. Further, he has heard that this site is under option to Amoco. The motion carried 3-2. (Commissioners Matson and Katz cast the dissenting votes.) Review request by owners of Boynton Beach Promenade to allow the existing hedge and tree landscaping around the perimeter to remain in place and not be removed, This item was discussed as part of Item ViII-B.1. - 11 - 'MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 18, 1993 3. Captain Frank's Vice Mayor Aguila asked for an update on this item. Mr. Cutro reported that he met with Captain Frank's and the architect in March and was given a plan which was acceptable. Captain Frank's asked for some time to comply until after the season. Mr. Cutro will send him a letter tomorrow allowing three weeks for the site to be upgraded. 4. Flnizlo vs, the City of Boynton Beach This item was moved up on the agenda since Mr. Finizio's attorney was present. Commissioner Katz reported that he received a letter from Ms. Greenhouse regarding her discussion with Mr. Miller and a new offer of settlement. City Manager Miller stated he had no additional comments other than those made in Memorandum #93-202; however, he said there were discussions, but he did not offer a settlement. Commissioner Katz was prepared to make a motion since Mr. Finizio lowered his settlement by $10,000 and cut the attorney's fees. Vice Mayor Aguila reminded Commissioner Katz that at the last Commission meeting, there was discussions about conditions attached to the settlement. Vice Mayor Aguila also pointed out that Ms. Greenhouse's letter contained an inaccurate statement regarding the fact that the City Commission would consider a proposal at the Special City Commission meeting of May 6, 1993. A comment had been made that there would have been an opportunity to consider the proposal at that meeting if the Commis- sion chose to do so. Motion Commissioner Katz moved to accept this settlement offer of $102,000. Commissioner Walshak seconded the motion. With regard to what is owed to Mr. Finizio, Commissioner Walshak said he has been provided with figures amounting to approximately $52,000 to $53,000. He also has receipts of bills from attorneys in excess of $52,000. This case has been postponed until Fall of 1993, and interest is accruing. Commissioner Walshak feels it would be in the City's best interest to settle for $102,000 at this point rather than wait until Fall and have to pay additional fees. Mayor Harmening disagreed and thinks it will be on the calendar for July or August. He does not believe attorney fees will be awarded and is of the opinion that the City will settle for approximately $50,000. Commissioner Matson is interested in learning why there is such a large discre- pancy between the City's figures and Ms. Greenhouse's figures. Vice Mayor Aguila explained that he has a problem accepting the proposed Peremptory Writ in its entirety as suggested by Ms. Greenhouse since he is not sure what is involved in that Writ. Cynthia Greenhouse, 890 North Federal Highway, Suite 205~ Boca Raton, said the Peremptory Writ was a---E~ac--h'6-~ t2 ~ last settlem-~-E 'o~'fer proposed to the *the Commission received a letter - 12 - **Commissioner Matson asked Attorney Cherof if a conflict of interest exists if someone's campaign was partially financed by Finizio's attorney. Attorney Cherof stated "not necessarily", but the individual must make that determination. MINUTES - REGULAR CITY CONMISSION MEETING BOYNTON BEACH, FLORIDA I~Y 18, 1993 Commission. Ms. Greenhouse stated this Writ tracks the language of the Civil Service Board order in that Mr. Finizio was restored to certain Boards, restored to his normal duties, removed from restricted sick leave, etc. These were items contained in the Civil Service Board order. Ms. Greenhouse reported that she contacted Judge Stewart's Judicial Assistant and was advised that the judge was setting trials for October. In response to Commissioner Matson's question regarding the discrepancy of $50,000, Ms. Greenhouse stated she tracked all raises received by Mr. Finizio, but the City feels only raises received by.all employees across the board will be considered by the Court in arriving at the back-pay figure. According to Mr. Sullivan, Mr. Finizio's hourly rate should be calculated at $26.30 while the accountant feels it should be $31.48. Ms. Greenhouse took the difference between the two figures and split it down the middle to arrive at a figure of $29.00 per hour. Ms. Greenhouse stated that if the proposal is accepted, the attorneys fees, which are in excess of $44,000, will come out of his settlement. Ms. Greenhouse feels they should receive some credibility since the Appellate Court ruled in Mr. Finizio's favor. Her client has backed off from the original request of $140,000 and would like consideration of this settlement offer so that all par- ties can move forward. Mayor Harmening feels the court's ruling was a gross miscarriage of justice. Mr. Vance is against the proposed settlement and Mayor Harmening does not believe any of the Commissioners should consider it. Commissioner Matson asked for a report from staff on why there is such a huge disparity in the figures. City Manager Miller explained that each party approached the events differently. The City feels that there would not have been a need to assign Mr. Finizio to an Acting Assistant to the City Engineer position if he had been given the Deputy City Engineer position in 1989 since all duties and responsibilities would have been covered under that title. If he had been Deputy City Engineer in January of 1990, there would have been no need to put him in an Acting Assistant to the City Engineer position for the same reason already mentioned. Further, if Mr. Finizio had been in the Deputy City Engineer position, it would not have been necessary to create the Administrative Coordinator of Inspection and Engineering position he was promoted to on June 7, 1990. Ms. Greenhouse has used each of the times he was eligible for promotion, anniversaries and across-the-board increases and incorporated them into the calculations. City Manager Miller has not done that and the disparity mounts up over a period of three years. With regard to the Deputy position, Ms. Greenhouse asked Mr. Miller whether or not any other Deputy positions had become Acting positions where there was no department head, and she was advised that this situation had occurred in almost every department throughout the City. She feels this proves that the indivi- duals received the additional 5 percent for the Acting position. Vice Mayor Aguila expressed concern in trying to settle this case taking into consideration the conditions of the Peremptory Writ. He pointed out that there is a very bad feeling of tying the City Manager's hands in the performance of his duties. - 13 - H~NUTE$ - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA HAY 18, 1993 Ms. Greenhouse stated that the Peremptory Writ tracks the language of the Civil Service Board order and the City must abide by that order. Ms. Greenhouse does not believe the Apellate Court order is for the purpose of tying anyone's hands. She said Mr. Finizio wants to get back to his job and work with the City Manager. He recognizes the City Manager as his boss and follows his directives. Commissioner Matson said she prides herself on being objective in decision- making. Although Mr. Finizio has said he was having her investigated, she did not use that to weigh her decision. When her Social Security number and W-4 were illegally requested by Ms. Greenhouse, she did not hold that against Mr. Finizio. However, she is bothered by the fact that an injunction was filed to keep the Commission from hiring a City Engineer which halted the work of the City. She feels an attempt was made to manipulate the Commission. Commissioner Walshak pointed out that the Civil Service Board made a ruling approximately four years agoand theApellate Court has upheld that decision. He feels this has dragged on long enough. He is satisfied with the figures provided and is ready to settle. The motion failed 2-3. (Mayor Harmening, Vice Mayor Aguila and Commissioner Matson cast the dissenting votes.} IX. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No, 093-8 Re: Amending Chapter 26, Water, Sewers and City Utilities, Article IV. Sewers by deleting Divisions 2 and 3 and reserving Sections 26-104; creating Division 4 entitled Industrial and Commercial Waste; renumbering Article V. Cross-Connection Control and Backflow Prevention from Section 26-205 through 26-211 Attorney Cherof read Proposed Ordinance No. 093-8 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 26, WATER, SEWERS AND CITY UTILITIES, ARTICLE IV. SEWERS. BY DELETING DIVISIONS 2 AND 3 IN THEIR ENTIRETY AND RESERVING SECTIONS 26-73 THROUGH 26-104; CREATING-DIVISION 4. ENTITLED "INDUSTRIALAND COMMERCIAL WASTE"; RENUMBERING ARTICLE V. CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION AS SECTION 26-205 THROUGH 26-211; PROVIDING THAT ALL OTHER PROVISIONS OF CHAPTER 26 NOT HEREIN SPECIFICALLY AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Roger Klrk~ Vice President of Operations at Bethesda Hospital, spoke in opposi- tion of th'is Ordinan6e. Hi~-'s'taff has re~ie~-6-~ ~ 'draft Ordinance and finds that it will have negative impacts on the businesses throughout the City. He feels the draft Ordinance includes provisions which are of questionable author- ity and inconsistent with rulings ratified by the Board of Directors of the South Central Regional Wastewater Treatment and Disposal Board. It gives unbri- dled discretion at the municipal level to impose burdensome permit conditions - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA PAY 18, 1993 on a case by case basis. He feels the City intends to implement more stringent requirements than are required by Federal and State governments or the Board. Mr. Kirk prepared some issues and suggestions for changing the Ordinance and requested tabling the passage of this Ordinance until staff could address some of the issues raised. {A copy of Mr. Kirk's issues and suggestions is attached to the original set of minutes on file in the City Clerk's Office.} Mayor Harmening pointed out that 99 percent of this Ordinance is already on the books. Attorney Cherof confirmed that this Ordinance was prepared using recommendations from the City's consultants, documents from other cities, and documents from the State level. He would not object to tabling this item in order to meet with staff to review the comments submitted. Motion Vice Mayor Aguila moved to approve Proposed Ordinance No. 093-8 on second and final reading. Commissioner Matson seconded the motion. City Clerk Sue.Kruse polled the vote. The vote was 5-0. 2. Proposed Ordinance No. 093-9 Re: Amendments to the City's Drug Free Workplace Policy Attorney Cherof read Proposed Ordinance No. 093-9 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 092-51 WHICH ESTABLISHED THE CITY'S DRUG FREE WORKPLACE POLICY {CODIFIED AS SECTION 2-19 OF THE CITY CODE}; PROVIDING FOR POLICY AMENDMENTS BY RESOLUTION; PROVIDNG FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Attorney Cherof explained that he has worked with the employee unions on this policy and there are a few changes in Exhibit "A" which should be incorporated prior to approval. Page 2 - Second Paragraph - Second line down - Change to read, "...employee has consumed alcoholic beverages, that employee shall..." Page 5 - Subparagraph P - Change to read, "Specimen means a tissue or product..." Page 6 - Subparagraph D - Add the clause, "and applicable public records law" to the end of the first sentence. At the end of that same paragraph, delete the words "a_.~s provided" and add the words, ,to the extent provtded~ by law. Page 8 - Subparagraph K - The next to the last line should read, "...discipline imposed by the City "aS" a result of a violation...". Further, a sentence should be added to the end of Paragraph K which reads, "A grievance of this policy shall not be limited to the discipline tmposed~ b~t the discipline imposed should not b~e set asld______~e a_§s~ result o_._f~ Procedural error". - 15 - MINUTES - REGULAR CITY COHHISSION MEETING BOYNTON BEACH, FLORIDA la, AY 18, 1993 Page 9 - Paragraph 4 under B - Third Line Down - Following the word "Contributory", the word "and" shoUld be included. Above that, the line should read, "...and whose impairment appears to be contributory". Page 10 - Subparagraph 3 - The word "random" should be deleted and the next line should read, "at least quarterly for up to two years...". Page 14 - The word "Reefer" should be moved to the right-hand column indicating it is slang for Marijuana. Page 17 - Two sections down - The sentence should read, "The above stated reason(s) was (were) witnessed by:". Under that, it should read, "Name of observer or witness". Motion Commissioner Matson moved to approve Proposed Ordinance No. 093-9 on second reading.with changes. Vice Mayor Aguila seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. 3. Proposed Ordinance No, 093-10 Re: Internal Revenue Service eligible rollovers - Trustee to Trustee Transfer Attorney Cherof read Proposed Ordinance No. 093-10 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSION AND RETIREMENT" BY CREATING A NEW ARTICLE VII, SECTION 18-200 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH PROVIDING FOR TRUSTEE-TO-TRUSTEE TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Motion Commissioner Matson moved to approve Proposed Ordinance No. 093-10 on second reading. Vice Mayor Aguila seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. B. Ordinances - 1st Reading: 1. Proposed Ordinance No, 093- Re: Amend Firefighter pension plan to incorporate Internal Revenue Services requirements Attorney Cherof asked that this item be tabled so that the Pension Board's attorney can review it. Motion Commissioner Matson moved to table. Vice Mayor Aguila seconded the motion which carried 5-0. 2. Proposed Ordinance No, 093-11 Re: Annexation - High Ridge Road {Lots 7 & 8, High Ridge Subdivision} Attorney Cherof read Proposed Ordinance No. 093-11 by title only: - 16 - NZNUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA NAY 18, 1993 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE HIGH RIDGE ROAD APPLICATIONS (WEST SIDE OF HIGH RIDGE ROAD, APPROX. 1,000 FEET SOUTH OF HYPOLUXO ROAD) ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION. Notion Commissioner Matson moved to approve Proposed Ordinance No. 093-11 on first reading. Commissioner Walshak seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. (Vice Mayor Aguila was away from the dais.) 3. Proposed Ordinance No, 093-12 Re: Land Use Amendment - High Ridge Road (Lots 7 & 8, High Ridge Subdivision) Attorney Cherof read Proposed Ordinance No. 093-12 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH~ FLORIDA, REGARDING THE HIGH RIDGE ROAD APPLICATION (WEST SIDE OF HIGH RIDGE ROAD, APPROX. 1,000 FEET SOUTH OF HYPOLUXO ROAD) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF ~CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM COUNTY LR-2 (LOW RESIDENTIAL 2) TO LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Matson moved to approve Proposed Ordinance No. 093-12 on first reading. Commissioner Katz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. (Vice Mayor Aguila was away from the dais.) 4. Proposed Ordinance No, 093-13 Re: Rezoning - High Ridge Road (Lots 7 & 8, High Ridge Subdivision) Attorney Cherof read Proposed Ordinance No. 093-13 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE HIGH RIDGE ROAD APPLICATIONS (WEST SIDE OF HIGH RIDGE ROAD, APPROX. 1,000 FEET SOUTH OF HYPOLUXO ROAD) AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COUNTY RS (RESIDENTIAL SINGLE FAMILY) TO R-1-AAB (SINGLE-FAMILY RESIDENTIAL); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 17- NINUTES - REGULAR CITY CONNI$$IOH NEETING BOYNTON BEACH, FLORIDA NAY 18, 1993 Notion Commissioner Katz moved to approve Proposed Ordinance No. 093-13 on first reading. Commissioner Matson seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. {Vice Mayor Aguila was away from the dais,) Vice Mayor Aguila returned, to the dais. 5. Proposed Ordinance No, 093-14 Re: Creation of position of MayOr Protem Attorney Cherof read Proposed Ordinance No. 093-14 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A PROCEDURE FOR SELECTION OF MAYOR PRO TEM; PROVIDING FOR A DEFINITION; PROVIDING FOR POWERS AND DUTIES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Notion Commissioner Matson moved to approve Proposed Ordinance No. 093-14 on first reading. Vice Mayor Aguila seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 3-2. {Commissioners Katz and Walshak cast the dissenting votes.) C. Resolutions: I. Proposed Resolution No, R93-75 Re: Support of State Attorney Barry Krischer's Community-Based Prosecution Program Attorney Cherof read Proposed Resolution No. R93-7§ by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING, ENDORSING AND REQUESTING THE CHIEF JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT TO WORK WITH LAW ENFORCEMENT, PROSECUTION, THE DEFENSE BAR AND COMMUNITY TO ENSURE THAT COMMUNITY-BASED PROSECUTION .IS IMPLEMENTED IN THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, AND PROVIDING AND EFFECTIVE DATE. Notl on Commissioner Matson moved to approve Proposed Resolution No. R93-75. Commissioner Katz seconded the motion which carried 5-0. Proposed Resolution No, R93-75 Re: Authorize execution of contract between the City of Boynton Beach and Aerial Data Reduction Associates, Inc., reference Aerial Mapping Services Attorney Cherof read Proposed Resolution No. R93-76 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONSULTANT'S AGREEMENT WITH AERIAL DATA REDUCTION ASSOCIATES, INC. (ADR), FOR AERIAL MAPPING SERVICES; SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. - 18 - M~NUTE$ - REGULAR CZTY CONNZ$$XON MEETZNG BOYNTON BEACH, FLORZDA NAY 18, 1993 Attorney Cherof asked that approval of this contact be granted with venue being in Palm Beach County Florida. Motion Commissioner Matson moved to approve Proposed Resolution No. R93-76. Vice Mayor Aguila seconded the motion. Mike Kazunas reported that the markings are approximately two-thirds completed. The aerial photography is scheduled for after May 28th. The motion carried 5-0. Proposed Resolution No, R93-77 Re: AUthorize execution of Standard Interlocal Agreement between the City of Boynton Beach and the Florida Department of Transportation including the City of Belle Glade and the Port of Palm Beach to the current mem- bership of the Metropolitan Planning Organization of Palm Beach County Motion Attorney Cherof read Proposed Resolution No. R93-77 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND PLAM BEACH COUNTY, THE CITIES OF BELLE GLADE, BOCA RATON, BOYNTON BEACH, DELRAY BEACH, LAKE WORTH, PALM BEACH GARDENS, RIVIERA BEACH, WEST PALM BEACH., TOWN OF JUPITER, AND THE PORT OF PALM BEACH, CREATING AND ESTABLISHING A METROPOLITAN PLANNING ORGANIZATION (MPO) FOR THE WEST PALM BEACH URBAN STUDY AREA; SAiD AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Aguila moved to approve Proposed Resolution No. R93-77. Commissioner Matson seconded the motion which carried 5-0. Motion 4. Proposed Resolution No, R93-78 Re: Supporting submission of a grant for the rehabilitation of the Historic Schools Attorney Cherof read Proposed Resolution No. R93-78 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND SUPPORTING THE SUBMISSION OF A RESTORATION GRANT FOR THE HISTORIC BOYNTON BEACH ELEMENTARY SCHOOL. Vice Mayor Aguila moved to approve Proposed Resolution No. R93-78. Commissioner Matson seconded the motion which carried 4-1. (Mayor Harmening cast the dissenting vote.) - 19- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NAY 18, 1993 D. Other: Discussion of new high school issue relevant to the Klatt pro- perry (northeast corner of Old Boynton Road and Congress Avenue) ,,,,,,,,,,,,,TABLED This item will remain on the table. 2. Settlement of Dee Zlbe111Clalm Attorney Cherof stated this is a negotiated settlement in the amount of $10,000. Motion Vice Mayor Aguila moved to approve. Commissioner Katz seconded the motion which carried 5-0. X. OLD BUSINESS: A. CommunltyAffatrs Director/Lobbyist City Manager Miller does not feel there is a need for a lobbyist position on a permanent basis. If those services are required, they can be contracted out to someone in Tallahassee. The prospect of hiring a lobbyist for three to four months of the year and a Mainstreet Coordinator for the remainder of the year to be funded through the CRA can be considered. Mayor Harmening feels there is no need for the Mainstreet Coordinator position because this will only add to the other $500,000 which was wasted in the down- town. He does not feel a combination person would be good at either job. Vice Mayor Aguila agrees that a downtown coordinator is not needed, but feels something must be done in that area. Further, he feels the City's image is not what it should be because of some employees who are disagreeable with the public. He is not in favor of any person for downtown or Tallahassee until the City can clean up its own image. Commissioner Matson is of the opinion that this was on the back burner until the budget discussions take place. Commissioner Walshak stated that Boynton Beach has always been the forgotten child in Palm Beach County because we don't have anyone in Tallahassee fighting for us. Something must be done about the downton area. Without a coordinator, no forward movement can take place. He feels the TIF funds should be spent in the Central Business District. Motion Commissioner Katz moved to approve the hiring of a Community Affairs Director/ Lobbyist with a salary not to exceed $42,000 with that percentage as stated by Mr. Miller coming from the TIF and the other money coming from the General Fund. Commissioner Walshak seconded the motion which failed 2-3. (Mayor Harmening, Vice Mayor Aguila and Commissioner Matson cast the dissenting votes.) - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA KAY 18, 1993 · B. Tradewlnd$ lake excavation - Racetrac Gas Statlon City Manager Miller stated this has to do with a condition which was imposed on Mr. Staudinger regarding this Racetrac and work around the Tradewinds lake site. Mr. Staudinger referred to his letters to Mr. Morton and Mr. Miller summarizing Mr. Staudinger's meeting with Mr. Morton at the site. Mr. Staudinger reminded the Commission that he was directed not to sign off on the Racetrac gas station plans until the retention lake was finished. The agreement reached with Mr. Morton was that the primary problem at the lake causing problems for the resi- dents on Woolbright was a large sand stockpile. Mr. Morton agreed to take care of the stockpile by knocking it down, seeding it and mulching it. The remainder of the lake will not be finished until July or August. In addition, the part of the lake which needs to be finished serves as drainage, storage and retention for the PUD property. City Manager Miller further advised that the City asked that the westside banks abutting the residential homes be seeded and mulched. Vice Mayor Aguila wants to be certain that what the City has done will not erode after the first rain storm. There was a' consensus that the review of Racetrac be held up until the pond is in workable condition. XI. NEW BUSINESS: A. Items for discussion requested by Commissioner David Katz 1. Changlngorder of agenda Commissioner Katz requested Old Business and City Manager's Report be moved up on the agenda before Announcements and Presentations because that is when the largest number of people are in the audience. Commissioner Matson stated these are items for discussion among the Commission- ers and if anything comes out of the discussions, they comeforward as an Ordinance or Resolution. Motion Commissioner Matson moved to deny changing the order of the agenda. Vice Mayor Aguila seconded the motion. Commissioner Walshak feels everything done during the Commission meetings is done for discussion before the public. He pointed out that many of the items being discussed are brought forward by residents, and most of the residents have already left before the Commission gets to those items. Mayor Harmening stated that whenever there is an item with a great deal of audience appeal, it is moved up on the agenda. The motion carried 3-2. votes.) (Commissioners Katz and Walshak cast the dissenting - 21 - *should read, Old Business, New Business & City Manager's. Report,., MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA HAY 18, 1993 2. Ftnlzto vs, the City of Boynton Beach This item was discussed earlier in the meeting. Be Consider placing an advertisement In the special convention issue of Quallty Cities in conjunction with the 67th Annual Convention of the Florida League of Clttes Mayor Harmening stated that the City is not in a position financially to place an ad in this issue. C® Items for discussion requested by Commissioner Robert Walshak 1. Sidewalks on Gateway Boulevard between Seacrest Boulevard and U.S, #1 City Manager Miller reported that the City submitted several applications for ISTEA (Intermodal Surface Transportation Efficiency Act) funds. The funds are utilized only for beautification efforts and sidewalks. The applications were submitted for sidewalks on Gateway Boulevard between Seacrest Boulevard and U.S. #1 as well as Ocean Avenue. Commissioner Matson pointed out the importance of public hearings prior to any work being done so that the residents of Village Royale on the Green and Village Royale will have an opportunity to express their opinions. City Manager Miller advised that the residents will have that opportunity. Henrietta Solomon said there has never been any talk about sidewalks within the VRG organizations. She further feels that any decisions made regarding VRG should be made by VRG. Mr. Miller explained that no determination has been made regarding final design plans. A great many modifications will be required. Mayor Harmening and Vice Mayor Aguila were not opposed to the application for the funds, but were concerned about the fact that the Commission was not notified in advance of this application and asked that this not happen again in the future. ~ames Nlrlana recently purchased property in the downtown area and feels the area is in need of revitalization. He feels Gateway Boulevard is in need of beautification and commended Mr. Miller for his attempts to get something done. 2. Additional street lights on Victoria Drive Commissioner Walshak requested staff visit Victoria Drive to see what can be done to correct the lighting situation. Mr. Miller will have staff investigate the situation and report back to the Commission. 3. Discussion regardlngAnlmal Control Shelter Commissioner Walshak was advised of some problems at the Animal Control Shelter. Upon investigation, he found that the 2 foot plywood fascia is rotted and needs to be replaced, an exhaust fan is required on the east side of the building, and the roof on the temporary kennels is rotted and needs to be replaced. - 22 - #INUTES - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA MAY lB, 1993 Mayor Harmening stated the roof on the shed is currently being replaced along with the plywood fascia. At Commissioner Walshak's request, Bill DeBeck and Bob Eichorst will look at the air quality situation to determine whether or not there is a need for an exhaust fan. Mayor Harmening stated that according to Mr. Eichorst's preliminary report, the ventilation is more than adequate. Bob Elchorst reported he is in the process of securing a volumeter to test the air flow. Mr. Eichorst explained that a work order was submitted for the repairs to the shed roof and fascia board, but those repairs have been delayed due to the work being done at City Hall. 4. Update discussion on light at Industrial Avenue and Boynton Beach Boulevard City Manager Miller advised that he is awaiting a letter from Mr. Lewis, the District Traffic Engineer for DOT, confirming when the plans will be complete and when the light will be installed. Although Mr. Miller has.called Mr. Lewis, he has not as yet received a return phone call. Commissioner Walshak suggested Mr. Miller be persistent in trying to get a target date. Update discussion on Costa Bella drainage Bill Archdeacon of Gee and Jenson reported'that the field work has been completed and the design work is almost completely finalized. It has been sent to the local utility companies for review and comment. He stated that we are on schedule fOr July construction. Richard Staudinger stated that the property owners will be signing release forms to release any right to sue the City once the improvements are in. When that portion is complete, the City will pursue going after the original design. 6. Update discussion on sewer treatment plant Mr. Miller reported that the City is in receipt of the contract. On May 24th, a Notice to Proceed will be signed. A preconstruction meeting will be held on May 26th, and the demolition will begin on or about June 3, 1993. The contractor will have 120 days to complete the project. D. Items for discussion requested by Commissioner Lynne Matson 1. Sidewalk °n NE 4th Street Commissioner Matson advised that she received a phone call from Steve Mylott who requested the City investigate the possibility of constructing a sidewalk along NE 4th Street to Rolling Green. This would assist in keeping the School children off the street while walking to school. In discussions with Carrie Parker, Commissioner Matson was advised that this request would be incorporated into next year's budget; however, by doing that, the' sidewalk will not be in place when the children return to school for the fall semester. Commissioner Matson requested assistance in getting this done earlier. - 23 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 18, 1993 Ms. Parker repor~ted that cost estimates are being put together and the residents of the area have been advised that this item will appear on the City Commission agenda for the second meeting in Oune. Further, Ms. Parker reported that if the additional gas tax is passed by the County, some of that money can be used for sidewalks and street improvements. Ms. Parker also pointed out that the County has funds available for bike paths. This possibility is being investigated. 2. Miner Road Commissioner Matson reported that there is a dumping problem on the north side of Miner Road between High Ridge Road and Congress Avenue. Also, there are a lot of weeds growing through the cracks in the sidewalks. XII. CITY MANAGER'S REPORT: With regard to the ISTEA funds, Mr. Miller reported that he asked for staff input and received memos from Messrs. Staudinger and Cutro last Friday. They worked together to assemble, develop and submit the applications to meet the May 17th due date. Mr. Miller intended to advise the Commission of his actions.this evening. Mr. Miller will be at the Florida City/County Management Association for the remainder of the week. Mr. Hawkins will be in charge during his absence. XIII. OTHER: None XIV. ADJOURNMENT: There being no further business to come before the Commission, the meeting prop- erly adjourned at 10:00 p.m. ATTEST: City Clerk Secretary {Four Tapes) THE CITY O~BO~TON BEACH ommi ssioner - 24 - PROPOSED City of Boynton Beach Sewer Ordinance Page 3 26.112 (B)~: To prevent the introduction of pollutants into the city's waste water collection system which do not receive adequate treatment by the POTW, and which will pass through the system into receiving waters resultillg in a violation of the treatment plants NPDEg l~ermi~_limits, 26.11 S Definitions Change as underlined: Page 4. Compatible Pollutant. A substance amendable to treatment in the wastewater treatment plant which is listed as a limit in the NPDE?, permit and the treatment does not result in a violation of the limit. Composite Sample. A Series of samples taken over a 24-hour time period at intervals which are flow proportional unless circumstances do not permit this. If flow proportional samples cannot be taken, then samples must be taken at least every 15 minutes during effluent discharge times. Page 5. Industrial and Commercial Waste Discharge Permit. A permit issued to control the wastewater from industry, commerce, or institutions that may be discharged into the sanitary sewer. This permit d~Ja_es~;b~ wastewater discharge limits that must be met at the facility discharge` into the sewer system. lndustriakLIser. All industrial and commercial fa~ili~.ies_that_discharge wastewater into the sewer system. Page 6. Pass Through. A discharge of a pollutant into the sewer system which causes a violation of a requirement of the POTW's NPDES Permit. (Delete the rest and items 1, 2, 3 & 4). Point source. The point of discharge into the sewer collection system. PH should be pH. Negative logarithm of one divided by the hydrogen ion activit_y. Page 7. Pollutant. Any chemical or parameter identified in the POTW's NPDE-c, permit or the State Water O_ualit¥ Standards, Delete Pollution and its definition. Pretreatment Requirements. Requirements for treating wastewater prior to discharge into the sewer collection system. Page 8. Significant Industrial User. Any industrial o[_comm~cial_faci[[t;y discharging 2F,:O00 gallons or more of wastewater per average wor_k da~. Significant Non-Compliance. (1) Chronic Violation: 66% or more of all measurements taken for a non- surchargeable limit during a 1Z-month period exceeded by 50% the applicable daily maximum or average limit. (2_) Technical Review Criteria (TRC) Violation: 33% or more off all measurements taken for a 'non-surchargeable limit during a 12-month period exceeded the daily average or maximum limit by 25% or more. Page 13. 26.143 Discharge of Certain Wastes Restricted change sections as follows: (A) Any liquid having a temperature higher than 150 degrees F at the point of entrance to the sewer collection' system or causing the treatment plant influent to exceed 104 degrees F. (B) Any liquid containing fats, wax, grease, oils or substances which may solidify or obstruct the flow of the sewer collection system. (C) Delete this. pH is covered in (F). There is no reason not to discharge neutralized acid or base solutions. Plating solutions and pickling wastes are covered under categorical standards. All waters contain some iron. Page 1 4. Change (D) to (C); (E) to (D); (F) to (E); In (F) to (E), pH in should be raised from 9.5 to 10.5. (G) to (F) In (G) to (F), Change "any sewer system" to "the Sewage Collection System". pH in should be raised from 9.5 to 10.5. Iron should be deleted under metals. Delete the surcharge asterisk under COD. Delete Section (H). Page 15. Change (I) to (G); (J) to (H); (K) to (!); (L) to (J); (M) to (K); (N) to (L); (O) to Delete (P). Since BOD and COD both measure oxygen demand, it is unfair to limit and surcharge on both. Since BOD is the true biological demand, it should be the parameter of choice. Change (0.) to (N) and delete "with no one parameter over 1.0 mg/I." Change (R) to (M). 26.144 (A) ... in the judgment of the Utilities Director . sub_iect to the review of the Cit_v of Bo_vnton Beach Sewage Board Appeals Committee, Page 1 6 ;>6.147 under (B) (1) a) - use either BOD or COD, not both. BOD would be preferred. e) A total Toxic organic content of greater than 5 mg/l. (If you can have 5 organic toxic compounds at ! mg/I each, why not 1 toxic compound at 5 mg/l?) Page 1 7. 2_6.148 CompJiance~ (A) "Industrial users shall" should be changed to read "Industrial users subject to National Categorical Pretreatment Standards shall". As written, this chapter could be interpreted as applying to all industrial users in the city, not just Categorical Industries. Page 20. 2_6.160 ... at the discretion of the Utilities Director , subject to the review of the Cit,v of Bo_vnton Beach Sewage Board Appeals Committee. Page 2.1. 2_6.161 (B) This provision gives the Permittee the right to appeal, but the appeal process is not defined in the proposed ordinance. The appeal shall be presented to the City of Boynton Beach Sewage Board Appeals Committee. The Committee shall consist of the City Manager, the City Utilities Director, and a technical consultant hired by the City Manager. Page 2_2/2_3 2_6.162_ (C) (1) Calculation of sewer surcharge. Surcharge should only be based on BOD not the higher of BOD and COD for F-1. Page 2_4. 2_6.164(A) ... at the discretion of the Utilities Director ; subject to the review of the Cit,v of Bo_vnton Beach Sewage Board Appeals Committee: Page 2_5. 2_6.169(A) ... in the opinion of the Utilities Director : subject to the review of the Cit,v of Bo,vnton Beach Sewage Board Appeals Committee. Page 2_6. 26.1 72 Show Cause Hearing We suggest the modification of this chapter to include a policy for review by the City of Boynton Beach Sewage Board Appeals Committee, plus the City Attorney. Page 27. 26.1 75 Enforcement Plan We suggest the modification of this chapter to include a policy for review by the City of Boynton Beach Sewage Board Appeals Committee, plus the City Attorney. Page Z8. 26.176 (C) The Utilities Director, sub.iect to the review of the Cit_v of Bo_vnton Beach Sewage Board Appeals Committee= ma3/ require further sampling. III. CONSENT C. cc: Finance e AGENDA May 18, 1993 ALLIANCE PUMP & MOTOR REPAIR, INC. P.O. 4072. Submersible Pump Replacement. Pay from Water and Sewer Revenue---401-352-5-433-00 ALLIED LIME P.O.02844. Lime for Chemical Softening. Pay from Water and Sewer Revenue---401-335-5-365-00 FERGUSON ENTERPRISES, INC. P.O. 4392. Replace Check Valves at L.S. #906. Pay from Water and Sewer Revenue---401-352-5-433-00 FLOIRIDA MUNICIPAL EQUIPMENT, INC. P.O. 3368. Johnson Series 600 Sweeper. Pay from Vehicle Service Fund---501-193-5-681-00 FLORIDA POWER AND LIGHT Temporary Service for Dispatch Center Trailer Office. Pay from Public Service Tax Fund-301-194-5-640-05 FLORIDA UNEMPLOYMENT COMPENSATION FUND Unemployment Benefits - Quarter Ending 3/31/93. Pay from Golf Course Fund---411-725-5-132-00 " " 411-726-5-132-00 Pay from General Fund---001-194-5-132-00 GEE & JENSON Boynton Lakes Project - Professional Services for the Period Ending 3/26/93 - $1,832.50 Pay from Public Service Tax Fund---301-722-5-463-08 Meadows Two Park Project - Professional services for the Period Ending 3/26/93 - $3,583.30 Pay from Public Service Tax Fund---301-722-5-463-07 CDBG - Phase ii Plans and Bid Documents for Period Ending 3/26/93 - 4,976.49 Pay from Federal Grants ---105-513-5-463-00 GRAINGER P.O. 3990. Twelve Sump Pumps for Utility Pump. Stations. Pay from Water and Sewer Fund---401-352-5-318-00 HTE HEADQUARTERS Partial Payment #2 for P.O. 4132. Upgrade Software Package. Pay from General Fund---001-000-1-451-19 COMMISSION MAY 18 ]993 APPROVAL 1,830.00 2,069.49 1,116.00 106,729.00 1,113.00 2,071.64 10,392.29 1,712.16 1,529.89 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. HUGHES SUPPLY P.O. 4252. 504 Water Meters for Stock. Pay from Water and Sewer Fund---401-333-5-387-00 11,088.00 IBM P.O. 3017. IBM Upgrade of AS/400 to Model E50. Pay from General Fund-O01-O00-1-391-01 " " 001-133-5-729-00 9,362.97 JOHNSON, ANSELMO, MURDOCH, BURKE & GEORGE Legal Fees and Expenses for 1/5/93 - 3/31/93: Jaeger vs City of Boynton Beach. Pay from Self Insurance Fund---622-195-5-468-00 2,449.25 JOHNSON YOKOGAWA P.O. 3767. Maintenance Service for Water/Wastewater Utility Instrument Control System. Pay from Water and Sewer Fund---401-336-5-499-00 3,602.50 JONES CHEMICALS P.O. 2884. Chlorine for Disinfection at the WTP. Pay from Water and Sewer Fund---401-335-5-363-O0 3,198.20 JOSIAS & GOREN, P.A. Legal Fees & Costs for Professional Services Rendered for April - $6,475.85; Cedar Grove - $170.00; Casa Loma Quiet Title - $820.70; Bethesda Ambulance Serv.-ll0.00; Bateson Arbitration - $130.00; adv. First Southern Bank - $20.00; IBF&O Unit Clarification - $230.70; Firefighter DEC Action (Longevity Arb) - $333.20; FOP/Step Increase - $595.00; vs. Summit Assoc. - $845.55; vs. Cook Construction - $320.00; C. St. Juste - $70.00; vs. Citrus Glen - $70.00; 1992 Firefighters Impasse - $2,150.00 = 12,341.00 Pay from General Fund---O01-141-5-461-00 12,341.00 KIMMINS RECYCLING P.O. 2889. Recycling Bill for March, 1993. Pay from Sanitation Fund---431-341-5-490-01 11,593.95 LAWMENS PHOTO P.O. 4525. Polaroid Spectra Film. Pay from General Fund---001-211-5-380-01 LAWMEN'S & SHOOTERS SUPPLY P.O. 4389. Ammunition for Police. Pay from GeneralFund---001-211-5-381-00 Milner Document Products, Inc. Copier Maintenance - Building Department. Pay from General Fund---O01-194-5-422-00 P.B.C. SOLID WASTE AUTHORITY Use of County Landfill. Pay from Sanitation Fund---431-341-5-490-O1 1,112.40 4,552.20 3,340.20 64,286.39 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. PALM BEACH NEWSPAPERS, INC. Advertising for Sanitation Supervisor, Welder, and Equipment Operator. Pay from General Fund---001-135-5-475-O0 PEROXIDATION SYSTEMS Hydrogen Peroxide for Utility Pumping Stations. Pay from Water and Sewer Fund---401-352-5-365-00 PHYSIO CONTROL P.O. 2930. Quarterly Maintenance on EMS Equipment. Pay from General Fund---O01-221-5-433-O0 POOLE & KENT P.O. 858. Payment #15 - West Water Treatment Plant. $269,069.69 Pay from 1990 Construction Fund---409-000-0-690-10 P.O. 2216. Payment #8 - Improvements to East ~ater Trmt. Plant. $119,160.00 Pay from 1990 Construction Fund---409-O00-0-690-10 PRIDE OF FLORIDA P.O. 2942. Retread Tires. Pay from Vehicle Service Fund---501-193-5-322-00 PITNEY BOWES Annual Maintenance Agreement for Mailing Machines. Pay from General Fund---O01-194-5-433-00 QUALITY GRASSING P.O. 4141. Payment #1 - Greens Renovation Project. Pay from Golf Course Revovation---412-000-O-694-10 ROBERTS SEPTIC TANKS P.O. 4302. Septic Tank Repairs. Pay from Self Insurance Fund---622-t95-5-440-01 SEWELL, TODD, & BROXTON, INC. Claims Administration Fees. Pay from Self Insurance Fund---622-195-5-368-01 SCRWTD BOARD Repair and Replacement Engineering Services - CPM Sinking Fund Projects $2,952.00 Pay from Utility General Fund---403-000-O-691-22 Reuse Feasibility Study - Brown & Caldwell $15,092.64 Pay from Utility General Fund---403-000-0-691-22 Emergency Access Road Expenses Through 4/16/93 $6,967.79 Pay from Utility General Fund---403-O00-0-691-20 1,181.73 3,892.00 1,212.00 388,229.69 1,493.46 1,015.00 36,790.27 1,125.00 8,002.07 187,298.60 COMMISSION MAY 18 1993 APPROVAL User Charges for April, 1993 - 162,286.17 Pay from Water and Sewer Fund---401-353-5-490-09 31. SOUTHERN GREEN P.O. 4383. Deed Tine Aerification. Pay from Golf Course Revenue---411-726-5-499-00 1,249.50 32. SUNSTATE METER AND SUPPLY 1,842.00 P.O. 2969. 300 Yoke Expansion Connections. Pay from Water and Sewer Fund---401-333-5-387-00 33. TARE LAWN MAINTENANCE 5,558.50 P.O. 2976. Lawn Maintenance for Period Ending 5/12/93. Pay from General Fund---001-722-5-430-15 34. XEROX CORP. 2,057.12 P.O. 799. Lease Payment on Copier located in the City Clerk's Office. Pay from General Fund---O01-194-5-422-00 35. ROBERT H. MILLER & ASSOCIATES 2,000.00 P.O. 4174. Professional Consulting Services in Connection with the Downtown Mangrove Park Project Pay from Community Improvement Fund---621-136-5-630-12 36. SMITH ARCHITECTURAL GROUP, INC. P.O. 4175. Professional Consulting Services in Connection with the Reuse and Rehabilitation Plan for the Historic Boynton Schools. Pay from Federal Grants---lO5-194-5-468-00 10,674.00 37. DIXIE POW-R MOLE COMPANY 12,351.23 P.O. 4472'~ PD-4 Power Mole with Trailer & Accessories. ~a~v~ fram W~ter & Sewer Fundv--401~333-~-6~-00 . These Ol~lS naveoeen approvea aha verl:~e~ Dy the ~epartment heads involved, checked and approved for payment. Grady Director I therefore recommend payment of these bills. 5.~~nager COMMISSION MAY 18 1993 APPROVAL GEE & JENSON Engineers-Architects- Planners, Inc. PLEASE REMIT TO P.O. Box 24600 West Palm Beach, FL 33416-4600 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: MR. MIKE KAZUNAS APRIL 22, 1993 INVOICE NO. 20807 PROJECT NO. 93-134.00 FOR: CDBG-PHASE II PLANS AND BID DOCUMENTS PROFESSIONAL SERVICES FOR THE PERIOD ENDING MARCH 26, 1993 TOTAL FEE PERCENT COMPLETE REIMBURSABLE EXPENSES AUTO MILEAGE PRNTG & REPRO (INHOUSE) XEROX TOTAL REIMBURSABLES 6,380.00 80.00 FEE EARNED TOTAL EARNED PREVIOUS FEE BILLING CURRENT FEE BILLING 12.21 173.88 5.40 5,104.00 5,104.00 319.00 4,785.00 191.49 TOTAL THIS INVOICE $ 4,976.49 \ :< '?:-:'b-~ -, -.. MAY 18 ]993 APPROVAL HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FAIR LABOR STANDARDS ACT OF !938~ AS AMENDED. GEE & JENSON Engineers-Architects- Planners, Inc. PLEASE REMIT TO P.O. Box 24600 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: MR VINCE FINIZIO FOR: BOYNTON LAKES PARK West Palm Beach. FL 334't6-460(~ APRIL 16, 1993 INVOICE NO. 21175 PROJECT NO 93-153.00 PROFESSIONAL SERVICES FOR THE PERIOD ENDING MARCH 26, 1993 TASK 1 (PROGRAM AND BUDGET CONFIRMATION). PARTIAL TASK 3 (CONSTRUCTION PLANS) REVISED GRADING, SITE PLAN MODIFICATIONS AND REVISED COST ESTIMATES. PROFESSIONAL PERSONNEL PROJECT MANAGER SR. ENG/ARCH/PLNR SR.DRAFTER/TECH DRAFTER SECRETARY TOTALS HOURS RATE AMOUNT 3.5 85.00 297.50 15.0 80.00 1,200.00 1.5 55.00 82.50 6.0 40.00 240.00 0.5 25.00 12.50 26.5 1,832.50 CONTRACT AMOUNT BUDGET SUMMARY LABOR LIMIT REIMBURSABLES LIMIT $. 15,920.00 CURRENT 1,832.50 PRIOR PDS TO-DATE 1,832.50 15,360.00 550.00 TOTAL THIS INVOICE COMMISSION $ 1,832.50 MAY l 8 1993 HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FAIR LABOR STANDARDS ACT OF ! 938, AS AMENDED, GEE & JENSON Engineers-Amhitects- Plannem, Inc. E ,OJ £C i- iViANAGER PLEASE REMIT TO P.O. Box 24600 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: MR ViNCE ~I~I~IO .o FOR: MEADOWS TWO PARK PROFESSIONAL SERVICES FOR THE APRIL 16, 1993 ........... -... INVOICE NO. 21175  ROJECT NO. 93-133.00 PER~ OD~"F.~DING MARC..~6~ 1993 West Palm Beach, FL 33416-4600 TASK 1 (PROGRAM AND BUDGET CONFIRMATION). PARTIAL TASK 3 (CONSTRUCTION PLANS) REVISED GRADING, SITE PLAN MODIFICATIONS AND REVISED COST ESTEMATES. PROFESSIONAL PERSONNEL PROJECT MANAGER HOURS RATE AMOUNT 7.0 85.00 595.00 SR.ENG/ARCH/PLNR 27.0 80.00 2,160.00 ENG/ARC/PLNR/SUR 8.0 65.00 520.00 SR.DRAFTER/TECH 0.5 55.00 DRAFTER 7 6.0 40.00 SECRETARY 0.5 25.00 27.50 240.00 12.50 TOTALS 49.0 3,555.00 REIMBURSABLE EXPENSES POSTAGE PRNTG & REPRO (INHOUSE) 0.75 27.55 TOTAL LABOR 3,555.00 28.30 CONTRACT AMOUNT $ 31,085.00 BUDGET SUMMARY CURRENT LABOR 3,555.00 LIMIT REIMBURSABLES 28.30 LIMIT CO[vIMISSiON PRIOR PDS TO- DATE 3,555.00 31,085.00 28.30 TOTAL THIS INVOICE $ 3,583.30 MAY 18 ]993 WE HEREBY CERTIFY THAT IN THE PERFORMAN~ ~r T;;~ =-~VICES COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED. III. 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