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Minutes 08-17-93 HINUTES OP'~THE REGULAR CITY COI4HISSION HEETING HELD IN COHHZSSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 17, 1993 AT 6:30 PRESENT Edward Harmening, Mayor J. Scott Miller, City Manager Jose Aguila, Vice Mayor James Cherof, City Attorney Lynne Hatson, Mayor Pro Tem Sue Kruse, City Clerk David Katz, Commissioner Robert Walshak, Commissioner I. OPENINGS: A. Call to Order - Hayor Edward Harmenln9 B. Invocation - Rev. Lawrence Barano~$kl - St, Hark Catholic Church C. Pledge of Allegiance to the Flag led by Vice Hayor ~ose Agulla Mayor Harmening called the meeting to order at 6:30 p.m. Reverend Baranowski offered the invocation. Following the invocation, Vice Mayor Aguila led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof added two items under LEGAL-Other - Mrotek Lawsuit and Jaeger Lawsuit. ' City Manager Miller added two bills under CONSENT AGENDA, Approval of Bills; one for Solid Waste Authority in the amount of $50,385.89, and one for Custom T-Shirts in the amount of $1,472, for the Fall Recreation Program. Under ANNOUNCEMENTS & PRESENTATIONS, City Manager Miller added the announcement of a town meeting being planned by Police Chief Tom Dettman. Commissioner Katz added an item under ANNOUNCEMENTS & PRESENTATIONS, Recognition of Joan Mormelo. He also added two items under NEW BUSINESS; Resignation of City Planner and Golf Course Fees for Employees. Mayor Pro Tem Matson requested LEGAL, A.2 be moved up on the agenda to accon~o- date the people in the audience. This item will follow the PUBLIC HEARING. Because of a sinus infection and the flu and the possibility of having to leave early, Mayor Pro Tem Matson requested OLD BUSINESS-A, Temporary Site for HRS Facility, be moved up on the agenda. This item will be discussed after the DEVELOPMENT PLANS. She further tabled NEW BUSINESS, Items A-1 and A-2 until the next meeting. Vice Mayor Aguila requested, with Commissioner Walshak's permission, that Item NEW BUSINESS-B.1, Atlantic High School Band Boosters, be moved u on the a en to ANNOUNCEMENTS & PRESENTATIONS-A.2, before the Human Right~ Ordinance. g da Commissioner Walshak requested NEW BUSINESS - B.1, Language in the Ordinance reference One Ton Load Capacity Trucks, be added to replace his item regarding Atlantic High School Band Boosters. - i - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 2. Adoption Mayor Pro Tern Matson moved to accept the agenda as amended. Vice Mayor Aguila seconded the motion which carried unanimously. II. ADMINISTRATIVE: A. Board AppolnLments: APPOZNTMENT TO BE REG/ LENGTH OF TERM MADE BOARD ALT EXPIRATION DATF Mayor Harmening Civil Service Alt 2 yr term to 4/95 TABLED I Katz Cemetery Board Alt Iyr term to 4/94 TABLED Mayor Harmening Bldg. Bd. of Adj. & Appeals Alt Term expires 4/94 TABLED III Aguila Code Enforcement Board Reg Term expires 9/94 TABLED IV Matson Code Enforcement Board Reg 3 yr term to 9/96 Mayor Harmening Code Enforcement Board Reg 3 yr term to 9/96 I Katz Code Enforcement Board Alt 1 yr term to 9/94 II Walshak Code Enforcement Board Alt 1 yr term to 9/94 III Aguila Elderly Advisory Board Alt Term expires 6/94 All tabled appointments were left on the table. Mayor Pro Tem Matson appointed Gary Parfltt as a Regular member of the Code Enforcement Board, with no objections. Mayor Harmening tabled his Regular appointment to the Code Enforcement Board. Commissioner Katz appointed Marina Haberman as an Alternate member of the Code Enforcement Board. He is hopeful she will be moved up to a Regular slot by one of the Commissioners with a Regular appointment. Commissioner Walshak tabled his Alternate appointment to the Code Enforcement Board. Vice Mayor Aguila tabled his Alternate appointment to the Elderly Advisory Board. B. Proposal for rechassls of Emergency Medical Services (EMS) Vehicle #831 City Manager Miller advised that this is the back-up/bravo transport vehicle. A past proposal for rechassising could not be worked out since the two units were not compatible. Mr. Ness has provided a new proposal where P.R.I.D.E. will reduce their contract $2,400. It is anticipated that the City will be able to recover $12,000 for the sale of the #831 chassis and get a new chassis onto which the box will be installed. The additional cost will amount to $2,566 from the Vehicle Service Fund. Motion Commissioner Katz moved to approve. Mayor Pro Tem Matson seconded the motion which carried 5-0. -2- ~ NINUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 C. General consultant engineering services for the City of Boynton Beach - Consideration for renewal of contract with Gee & Jenson or authori- zation to seek alternate proposals for engineering services under the Consultants Competitive Negotiation Act (CCNA) City Manager Miller advised that the contract with Gee & Jenson will expire on September 5, 1993. He requested direction from the Commission regarding whether or not to continue their services or seek alternate proposals under the Consult- ants Competitive Negotiation Act. Notion Vice Mayor Aguila moved to seek other proposals. Commissioner Walshak seconded the motion. Vice Mayor Aguila and Commissioner Walshak noted that Gee & Jenson are welcome to participate in the bid process. Mayor Harmening suggested retaining the services of Gee & Jenson until the bidding process is concluded. Mayor Pro Tem Matson confirmed that Gee & Jenson will continue with the projects which have been assigned to them. The motion carried 5-0. D. Consider amending Ordinance 091-38 reference imposing a 1;20 service fee for all returned checks Notion Commissioner Walshak moved to approve II-D. Vice Mayor Aguila seconded the motion which carried 5-0. E. Oceanfront Park Renovation - Consider acceptance of Gee & Jenson contract proposal City Manager Miller pointed out that Recreation and Parks Memorandum No. 93-322 notes a contract amount not to exceed $28,800 for Phases I, II and III. If the City proceeds with this project now, work may be in progress on sections of the boardwalk during the peak season, There is an option to structure the award of this bid so that the construction would occur at the end of the season. Mayor Harmening and Vice Mayor Aguila feel this renovation should be delayed until April. City Manager Miller confirmed that this project will be funded from the Oceanfront Park Reserve Fund. Notion Vice Mayor Aguila moved to approve. Commissioner Katz seconded the motion which carried 5-0. F. Authorization to bid Vehicle Emission Capture Systems for Stations #2 and #3 City Manager Miller said this bid would be for all three stations; Station #1 Station #2 and Station #3. ' HINUTE$ - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 Vice Mayor Aguila said he has had a great deal of experience with fire stations and feels this is not the best approach. He suggested tabling this for two weeks for additional study. He has spoken with fire officials from other cities and he now questions whether this is the only alternative open to the City. Motlon Vice Mayor Aguila moved to table this until the next meeting. Mayor Pro Tem Matson seconded the motion which carried 5-0. G. Consider purchase of property located In CRA residential district through dellquent tax property sale by the County Clerk's Offtce City Manager Miller advised that this is a buildable lot at the corner of North Seacrest Boulevard and NW 11th Avenue. If the City is able to purchase the lot, it can be used for affordable housing. Mayor Harmening is not opposed to acquiring the lot, but he feels a cap should be placed on the amount we will pay. Vice Mayor Aguila does not believe the City should get involved in the real estate business. He requested more information on this purchase. City Manager Miller said this lot has an assessed value of between $1,500 and $2,000. If the City acquires it, it can become a parcel for the in-fill housing project. The City can realize a $50,000 to $60,000 market value if someone decides to build on this property. In response to a question from Commissioner Katz, Mr. Hawkins advised that the Community Development Corporation is empowered to purchase the lot; however, if the City is to participate with non-profit organizations on affordable housing, it must make a contribution. Excluding cash, the only offering which remains is land. This would serve as an offering when an opportunity arises. Motion Commissioner Katz moved to approve as is. Mayor Pro Tem Matson seconded the motion which carried 5-0. III. CONSENT AGENDA: A. Minutes: 1. Regular City Con~ntsslon Meeting Minutes of August 3, 1993 Mayor Harmening corrected Page 25, Line 4, to read, "A 3,000 foot trailer can fit on either site...". B. Bids - Recommend Approval - All expenditures are approved in the 1992-93Adopted Budget 1. Annual supply of sulfuric acid for Utilities Department As outlined in Purchasing Agent Lane Koester's memorandum, the Tabulation Committee recommends awarding this bid to Jones Chemical of Ft. Lauderdale, -4 MINUTES - REGULAR CITY COHHISS~ON HEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 Florida, in the amount of $.0268/lb. for an expected annual cost of $35,899.94. Jones Chemical is the lowest, most responsible and responsive bidder who meets all specifications. 2. Refinish wood siding at Boynton Beach Municipal Golf Course Clubhouse As outlined in Purchasing Agent Lana Koester"s memorandum, the Tabulation Committee recommends awarding the bid to M & R and Sons, Inc., of Boca Raton, Florida, in the amount of $7,500. This bidder was found by Mr. Sciortino to be the lowest, most responsible and responsive bidder who meets all specifications. The low bidder, Gustafson Painting, submitted an incomplete bid, leaving the process of comparison impossible. C. Approval of Bills Commissioner Katz questioned Bill #5, ^nnual Payment for Contract Agreement with School Board for Operating the School. Mr. Frederick explained that we have an agreement with Congress Middle School to operate a community school in the even- ings and on weekends. This is the cost of our portion of that program. R list of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. O. Approve Records Oestructlon Request - City Clerk's Office As outlined in City Clerk Sue Kruse's Memorandum No. 93-097, the State has approved Records Oestruction Request #g52 for the destruction of non-routine miscellaneous department correspondence. E. Approve refund on Cemetery Lots, Boynton Beach Memorial Park: 1. Lots 37 & 38, Block H Rs outlined in City Clerk Sue Kruse's Memorandum #93-102, Erik O. 01sen requests a refund on Cemetery Lots 37 & 38, Block H, Boynton Beach Memorial Park. g. Lots 478A & B, Block S Rs outlined in City Clerk Sue Kruse's Memorandum #93-105, John K. and Oorothy E. Thomas request a refund on Cemetery Lots 478^ & B, Block S, Boynton Beach Memorial Park. F. Payment of Bills - ~uly, 1993 ^ list of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. Mayor Harmening reminded all that the bills for the Solid Waste Authority in the amount of $50,385.89 and Custom T-Shirts in the amount of $1,472 were added to this list. -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 G. Receive and File departmental activity reports Motion Commissioner Walshak moved to approve the Consent Agenda as corrected. Vice Mayor Aguila seconded the motion which carried 5-0. MAYOR HARMENING DECLARED A SHORT RECESS UNTIL 7:00 P.M. IV. ANNOUNCEMENTS & PRESENTATIONS: Mayor Harmening announced that Representative Suzanne Jacobs, District 88, was present in the audience. He also acknowledged the presence of Senator Robert Wexler's aide. A. Announcements 1. Public hearing on tentative budget for FY 1993/94 - September 10, 1993 at 6:30 p,m, Mayor Harmening announced that the first public hearing on the tentative budget will be held on September 10, 1993, at 6:30 p.m. .... 2. Atlantic High School Band Boosters Bill Whlgham is the Vice President of the Atlantic High School Band Boosters. . · He advised that he sent a letter on July 29th requesting assistance from the City in raising funds to take the band to the Meadowlands in New Jersey to par- ticipate in the NCAA kick-off play between Florida State and Kansas State. The Atlantic High School Band Boosters are one of two bands who will be participat- ing from the State of Florida. As of this evening, they are only $12,000 short of a $50,000 goal. The fund-raising will continue. Mr. Whigham advised that the cost per child is $500 and that cost is quite high for families with more than one child in the band. Motion Commissioner Katz moved that the Commission allocate $2,000 to help the Atlantic High School Band. Commissioner Katz further stated he will also write a per- sonal check for $50. Vice Mayor Aguila seconded the motion. Mayor Harmening reminded all present that in the past, when there were no budget problems, the Commission made contributions to assist the local schools. The motion carried 5-0. 3. Town Meeting City Manager Miller announced that Chief Dettman and his staff will host a Town Meeting in Commission Chambers on Tuesday, August 24, 1993 at 7:00 p.m. This meeting will offer information on the new community-oriented law enforcement programs, and the citizen police academy. They will also answer questions regarding the Department. -6- MINUTES - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 4. Recognition of Joan Mormelo Commissioner Katz said the City is blessed with many fine employees and Joan is one of them. Joan is an employee in the Code Enforcement Division. Commission- er Katz read a letter which was addressed to Mayor Harmening from the Florida Association of Code Enforcement, Incorporated. The letter advised that Joan Mormelo was elected to a one-year term as Treasurer of the organization. The Commissioners congratulated Joan on her appointment. V. BIDS: None VI. PUBLIC HEARING: Mayor Harmening suggested the Site Plan Modification for Ascension Lutheran Church be addressed in conjunction with the issue of the Parking Lot Variance. A. Project Name: Ascension Lutheran Church Agent: Roy A. Simon Owner: Ascension Lutheran Church Location: 2929 South Seacrest Boulevard Description: PARKING LOT VARIANCE: Request variances to Section 5-142 (h) (3) and (5) driveway of Article X, Parking Lots DEVELOPMENT PLANS: A. CONSENT AGENDA - UNANIHOUSLY APPROVED BY PLANNING & DEVELOPMENT BOARD 1. Project Name: Ascension Lutheran Church Agent: Roy A. Simon Owner: Ascension Lutheran Church Location: 2929 South Seacrest Boulevard Description: SITE PLAN MODIFICATION: Request to allow construction of a 1,047 square foot addition to the narthex of the existing sanctuary, and instal- lation of a new driveway plus other improvements. Ms. Heyden made the presentation and advised that there are two requests; one for the parking lot variance and one for the site plan modification. The two variances are required in conjunction with several modifications to the church. Those modifications include a 1,000 square foot addition to the sanctuary narthex, construction of a portico and covered walkway, reconfiguration of an existing parking lot, relocation of the northern-most driveway south and reloca- tion of their freestanding sign. In order to relocate the driveway 138.5' north of the intersection of Seacrest and SW 28th Avenue, a variance to the City's requirement of 180' is needed. Further, to maintain the driveway access aisle, a driveway at the intersection was needed and the City requires 100' for back-up reasons. With the new drive- way, the main ingress/egress has shifted to the driveway at the intersection. No changes are proposed at that driveway and the access aisle is only 24.5'. -7 ', ' NINUTE$ - REGULAR CITY CONNI$SION HEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 Staff and the Planning and Development Board recommend approval of this request. The site plan modification is subject to the staff comments referenced in Mr. Cutro's Memorandum No. 93,190 dated July 21, 1993. The variances were looked upon favorably by staff because of the improved safety and the limited period each week when the peak demand occurs at the church. Ro~~ architect, feels the requests are in order and urged support for the appr6v~l of the request. The applicant disagrees with the 100' requirement on this type of project. Vice Mayor Aguila inquired about the next phase of this project. Mr. Simon explained that a master plan was submitted and it was broken into two phases. Phase I is this request. The master plan will be fulfilled in Phases II, III or IV which include a new fellowship hall and Sunday School classrooms. Mr. Simon stated that the request for fire hydrants is not required for this phase. Vice Mayor Aguila noted that there were comments during the Planning and Development meeting with regard to drainage to the west. Mr. Simon said those issues are being addressed. The lady who brought up the drainage issue lives west of the road which is proposed for elimination. When that road is elimi- nated, the majority of the problem will be eliminated. Further, other items were addressed to alleviate the problem. THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING. Norton Mayor Pr-o Tem Matson moved to approve the parking lot variance to Section 5-142 (h) (3) and (5) driveway of Article X, Parking Lots, with staff comments. Vice Mayor Aguila seconded the motion which carried 5-0, Notion Vice Mayor Aguila moved to approve the request to allow construction of a t,047 square foot addition to the narthex of the existing sanctuary, and installation of a new driveway plus other site improvements, subject to staff comments. Mayor Pro Tem Matson seconded the motion. Mayor Harmening pointed out that the staff comments should especially include the drainage. The motion carried 5-0. X. LEGAL Mayor Harmening announced that this item was moved up on the agenda to accom- modate the public. A. Ordinances - 2nd Reading - PUBLIC HEARING 2. Proposed Ordinance No. 093-26 re: Creating a Human Rights Ordinance for the City of Boynton Beach -8- , ~ HINUTE$ - REGULAR CITY COHI4I$$ION HEETZNG BOYNTOH BEACH, FLORIDA AUGUST 17, 1993 Attorney Cherof read Proposed Ordinance No. 093-26 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CREATING A BOYNTON BEACH ORDINANCE ENTITLED "CITY OF BOYNTON BEACH HUMAN RIGHTS ORDINANCE" PROHIBITING DISCRIMINATION IN EMPLOYMENT, HOUSING AND PUBLIC ACCOM- MODATIONS AND PROMOTING SAID OPPORTUNITIES WITHOUT REGARD TO RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, SEXUAL ORIENTATION, HANDICAP, MARITAL STATUS, FAMILIAL STATUS, OR AGE; PROVIDING FOR PROCEDURES FOR ENFORCEMENT OF CHAPTER; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Attorney Cherof advised that several changes were made to the Ordinance since first reading. These changes were made in conjunction with comments from the Commission. The changes are as follows: Page 2 It provides for the definition of Employee to exclude employees of the City of Boynton Beach. Page 2 Under the definition of Employer, it excludes the City of Boynton Beach as an employer for the purposes of the Ordinance. Page 4 Under the definition of Person, the City of Boynton Beach, its Boards, Departments, agencies or its employees are not persons for the purpose of the Ordinance. In response to Commissioner Walshak's question, Attorney Cherof advised that the City employees have many other areas of redress available to them which are not available to the general public. As civil servants, there is a procedure in place for them to air their grievances. Page 10 In Section 16-B, there is a reference to the timing for building per- mits or occupancy. March 1, 1990 and March 13, 1991 should be removed and a clause should be inserted which says, "after adoption of this Odinance" for both categories. , Page 13 There is a reference to the City of Boynton Beach, its Boards, Departments, agencies, and employees being exempt from this Ordinance. Page 14 In Section B, the words "or ~ge" should be inserted after the word status. Pages 16 Under ENFORCEMENT, where an expedited review is provided, complaints & 17 need to be brought within thirty (30) days rather than 180 days. The filing fee has been increased from $23 to $50 payable at the time of filing. The City Administration has the power, under a showing of cause, to waive either in whole or part, the filing fee, for people who are indigent and not able to pay it. Page 17 There is a provision in Subsection 5B which provides that the admin- istrator shall not process nor make any record of an anonymous complaint. Page 17 In Section 5C, the Notifications provision, the time has been reducea from twenty (20) days notice to five (5) days notice. Further in this section, the respondent is afforded the opportunity to respond ' within ten (10) rather than twenty (20) days. - 9 - *Ordinance 'HINUTES- REGULAR CITY COMMISSION HEETIHG BOYNTON BEACH, FLORIDA AUGUST 17, 1993 Page 18 The procedure for processing complaints requires that the administra- tion processes the complaint in fifteen (15) days rather than thirty (30) days and a member of the City Manager's department is responsi- ble for contacting both parties to inquire if mediation is feasible. If not feasible, the City Manager appoints a mediator within five (5) days. Page 18 Section 5G, which deals with mediation and mediation agreements, has been deleted entirely. This was a formal mediation process and the ~ Ordinance now contemplates a voluntary and informal mediation pro- cess. Page 18 Under Section 5H, Proceeding before the Nuisance Abatement Board, Subsection A has been deleted entirely. Page 19 Subsection B provides for proceeding before the Nuisance Abatement Board if mediation is not successful. Mayor Pro Tem Matson stated she and Vice Mayor Aguila were opposed to the ** Nuisance Abatement Board dealing with this. Attorney Cherof said that he did not feel there had been a consensus on that point. Vice Mayor Aguila directed the Commissioners and Attorney Cherof to Page 13, Paragraph F, which refers to the City of Boynton Beach, its Boards, Departments, agencies and employees being exempt from the Ordinance. He wondered if an employee of the City with a side business, would be exempt from the Ordinance if he/she discriminated against someone with regard to that side business. Attorney Cherof advised that it would not allow a City employee to discriminate against anyone, but no complaint could be processed because the person is also a City employee. Recourse would be available through the State or Federal agen- cies. Vice Mayor Aguila suggested the wording be changed to read, "...the City employees, while acting on behalf of the City...", shall not be filed against. At about 7:15 p.m., the public hearing began for the supporters of this Ordinance. During the two hours which followed, fifty-two (52) people spoke in favor of the Ordinance. Their concerns involved equal rights for all; elimination of hate crimes and gay bashing; age discrimination; the handling of discrimination complaints at a local level so as to attain swift action; discrimination because of sexual orientation; sexual harrassment; discrimination against the handicapped; discrimination against the deaf in schools and movie theaters; discrimination against women, Jews and the aged; discrimination against gays in housing; and fear and suffering. Herb Gladstone, resident of Royal Palm Beach Rabbi Allen Sherman, Community Relations Director of Jewish Federation Adam Segga, resident of West Palm Beach Bill Grailnick, Southeast Regional Director of American Jewish Committee Ann Isles, West Palm Beach Branch of the NAACP Michael Lyons, 1807 Southern Cross Circle, Boynton Beach Brad SUltan, representing State Representative Suzanne Jacobs **should read, "Mayor Pro Tern Matson stated 10 - at the last meeting that she and Vice Mayoz Aguila were opposed to the..." HINUTE$ - REGULAR CITY C014MI$SION HEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 Eva Cardo, represented State Senator Robert Wexler Nancy Ross, Boca Raton, Vice Pres. of South PBC Chapter of N.O.W. Sheila Jaffee, Boca Raton, President of South PBC Chapter of N.O.W. Dee Zibelli, 440 Ocean Parkway, Boynton Beach Lee Wische, 1302 SW 18th Street, Boynton Beach Agnes Speak, West Palm Beach, representating Commissioner Maude Ford Lee Harriet Bailey, West Palm Beach Jerry Marshall, President of Atlantic Democratic Club, 13727-A Via Aurora, Delray Beach Ian Sha~ ~senting State Representative Mimi McAndrews Henry Ackermanr tor, Boynton Beach Congretional Church of Christ, 1004 SW lSth Street, Boynton Beach Dan Liftman, 10308 Heritage Farms Road, Lake Worth, President of South Florida Americans for Democratic Action Tony Alberto, 2909 Windswept Drive, Lantana Bernard R~ l, 1207 Mahogany, Boynton Beach Ashley I, 485 Alfresto Street, Boca Raton Arlene je 5 Pines Trail, Boca Raton Gregory Nocoss, 5th Court, Boca Raton Phil Carlson, rhill Commons Circle #12, West Palm Beach, Vice P the Palm Beach Human Rights Council Marian Harrison, Pastor of Metropolitan Community Church of the Palm Beache~ 45th Street, West Palm Beach Dr. Rev, Je , transfer clergy out of Southern Baptist Church, 1~97 Avenue, Deerfield Beach (Born-Again Gay Christian) Greg Waldman, §33:San Esteban Avenue, Coral Gables Barbara Wheatley Court, Boynton Beach Mary Avenue, Boynton Beach Elna Laun, the We.s!t Palm Beach Chapter of N.O.W., 126 Plymouth, West Palm Beach Rae Frank~, resident:of Boynton Beach, Dos Lagos Subdivision Carol BenOwitz,~682 Pelican Way, Delray Beach, member of Parents and F!riends of Lesbians and: Gays Patricia Drive, West Palm Beach Jacqueline Drive, Boynton Beach Gary Walk, Palm B Gardens, member of the Community Relations Council of Federation of Palm Beach County Simma ent of the Palm Beach Chapter of the National Council of Andrea Pressburg, 222 Meadows Drive, Boynton Beach Conrad Braaten, ~4I§0 St. Andrews Drive, Boynton Beach, Pastor of AScension Lutheran Church Maura Keeney, 101120 BoYnton Place, Boynton Beach Barry Silver, 60124 Gl:e~dale Drive, Boca Raton Randy Green, 172' Orange Drive, Boynton Beach Bill Graham, Palm Beach County School Board Jim Sugarman, 35~90 South Ocean, South Palm Beach, Director of Program Resource~s for the Comprehensive AIDS Program of Palm Beach County Mark Avon, 298 NW 11th Street, Boca Raton Ann Gannon, 236 North Dixie Boulevard, Delray Beach, representing Palm Beach County Human Rights Council Ms. Gannon added corrections to the Ordinance. They are as follows: - 11 - z MINUTES - REGU~ CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 Page 4 In the first sentence, where it says of, it should read "or". Page 13 The fourth sentence where it reads number of percentage of persons, it should read, "or persons". Page 13 Item E - In the sixth sentence, after the word religion, a part of the sentence is left out. It should read, "...is that he is unable to reasonably able to accommodate an employer's or perspective employee's religion" and pick up with observance. Marina Haberman, 712 NE 20th Lane, Boynton Beach Timothy Johnson, 800 35th Street, West Ralm Beach Richard Giorgio, Palm Beach County Human Rights Council Susan Slohm, 703 Sunset Road, West Palm Beach Andy Amerosso, 1303 West Drew Street, Lantana, President of Gay and Lesbian Business Association Wayne Woodson, 8119D North River Court, Lake Park Shores Nancy Schultz, Boca Woods Lane, Boca Raton {Copies of letters submitted are attached to the original set of these minutes on file in the City Clerk's Office.} MAYOR HARMENING DECLARED A FIVE-MINUTE RECESS AT 9:30 P.M. When the meeting resumed, Mayor Narmening announced the public hearing for those opposed to the Ordinance. Their concerns involved the inclusion in the Ordinance of the words "sexual orientation". Many felt the inclusion of these words forced acceptance of an unnatural life style which was against their beliefs. Those opposed included: John Wiley, First Baptist Church Carl Smith, resident of Boynton Beach Larry Poe, 130 SW 14th Avenue, Boynton Beach Michael Jeck, 5654 Cinnamon Drive, West Palm Beach Craig Bennett, 8640 Tourmalline Boulevard, Boynton Beach Veronica Lago, 3206 Chapel Hill Boulevard, Boynton Beach Joe Shields, 2554 SW lOth Court, Boynton Beach Frank Palmieri, 121 SE 31st Avenue, Boynton Beach Ann O'Neill, 114 NE 1st Street, Boynton Beach Joann Hern, 3617 Quail Ridge Drive, Boynton Beach Jerry Taylor, 1086 SW 26th Avenue, Boynton Beach Bill Arterburn, 5078 Silver Maple Lane, Boynton Beach Miguel Fernandez, 70 Cedar Lane, Boynton Beach Csaba Vedulik, 1012 SW 15th Street, Boynton Beach Dennis Clark, 4647 Redding Road, Boynton Beach Ray Anderson, 1540 SW 27th Avenue, Boynton Beach Kirk Zarimba, 8068 RoseMarie Circle, Boynton Beach J. D. Self, 193 Meadows Drive, Boynton Beach Harry Knowlton, 2600 NE 1st Lane, Boynton Beach Teresa Steinmetz, 144 SW 8th Avenue, Boynton Beach Dennis Garrity, 8443 Michael Drive, Boynton Beach - 12 - HINUTES - REGULAR CITY COI414ISSION HEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 Randolph Fagan, 2845 SW 9th Street, Boynton Beach Rita Clark, 4376 Redding Road, Boynton Beach Barbara Dodson, 730 NE 6th Avenue, Boynton Beach Helen Carannante, Delray Beach Ahmed Mohammed Asaad, 1621 North Seacrest Boulevard, Boynton Beach Judith Smith, 2580 SW loth Court, Boynton Beach Phillip Martin, 211SW 5th Avenue, Boynton Beach Dr. Brewster, Grace Fellowship, 2301N. Congress Avenue, Boynton Beach Chuck Brannon, 2860 SW 4th Street, Boynton Beach Harry Romano, 417 Buttonwood Lane, Boynton Beach Tim Wood, 910 SW 5th Avenue, Boynton Beach Eleanor McCoter, 906 SW 24th Street, Boynton Beach Kathy Evans, 131SW 25tih Avenue, Boynto~ Beach Karen Gorensen, 232 Dixie Boulevard, Delray Beach John Bulten, resident of Lake Worth Jeff Simm, 2310 SE 2nd Street, Boynton Beach Dennis Smith, 2580 SW loth Court, Boynton Beach Peter Charles , 400 SW Golfview Terrace Michael 5th Street, Boynton Beach Reverend Lawre) ranowski, Parochial Vicar, St. Mark Catholic Church Aida Pl~ontke, rde Drive, Boynton Beach Norman Plontke, 4746 Palo Verde Drive, Boynton Beach With no other people wishing to speak, Mayor Harmening closed the public ..... hearing at 12:30 a.m. Mayor Harmening explained that he has been opposed to this Ordinance from the beginning and he hoped at least two other Commissioners would also see the wis- dom of voting against it. Vice Mayor Aguila feels the Ordinance has some good aspects with the exception of the sexual orientation issue. He does not feel that issue should be dealt with at a local level. He wasn't certain that the Ordinance was necessary for the welfare of the citizens of Boynton Beach, and feels the needs of the citi- zens may well be served by the laws already on the books. Vice Mayor Aguita feels the attempt to pass this Ordinance is part of someone's political pay-back agenda. He also feels there is a movement by people of alternative life styles which is leaning toward the decay of the country. Vice Mayor Aguila referred to the Ordinance and pointed out that age is defined as eighteen (18) years of age and over. He wondered if people would assume it was okay to discriminate against those under eighteen years of age. Under fami- lial status, he questioned whether it would be okay to discriminate against a couple whose child was under eighteen years of age. Under another section, there is a requirement for the City to conduct educational public information to promote equal rights. He is not certain the City should be involved in such education and is not sure he wants tax dollars spent in that fashion. Vice Mayor Aguila was opposed to the section in the Ordinance which makes City employees exempt. In Vice Mayor Aguila's opinion, this Ordinance is unenforce- able, cumbersome and unnecessary. Vice Mayor Aguila feels America needs more tolerant people, not more unenforceable legislation. - 13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 Vice Mayor Aguila will not support the Ordinance and will not support a movement to put this on a ballot for public referendum. Mayor Pro Tem Matson said she has had many phone calls. Those who spewed the most venom were the people in favor of the Ordinance. She was told she would never be elected again and her political career would be history if she voted against this Ordinance. Mayor Pro Tem Matson feels that is the will of the * people of the City of Boynton Beach. Mayor Pro Tem Matson said that if she were to vote emotionally, her vote would be to support it because of her belief in human rights. However, she feels this Ordinance should not have been brought before the Commissioners because they have no business legislating it. Mayor Pro Tem Matson said she would vote it intelligently. She does not believe her job is to legislate morals or life styles. She further feels that it is not the Commission's responsibility to be the clearinghouse for Federal, State and County laws. It is a redundant Ordinance. Mayor Pro Tem Matson Will vote against this Ordinance. Commissioner Katz asked Attorney Cherof how long the Florida State Statute on sodomy has been in existence. Attorney Cherof was unable to answer the question. Commissioner Katz stated the Ordinance was before the Commission because all politics is local. He feels that resolving discrimination impasses locally will ultimately save tax dollars if they do not go to the courts. Commissioner Katz feels that if sexual orientation is a life style, then so is religious preference and marital status. He suggested intolerance be let go by the wayside. Commissioner Katz will support the Ordinance. Commissioner Walshak pointed out that this Ordinance was voted on twice with a 4-1 vote in favor. Commissioner Walshak felt that many who spoke in opposition were from the churches in the community. He felt certain that most of those who attended tonight's meeting had been advised to do so by their priests and ministers; therefore, they represented a special interest. He feels the forty to fifty people who spoke in opposition do not represent the City of Boynton Beach. Commissioner Walshak also said he left the meeting at one point because one of the opposition speakers was the Grand Wizard of the Ku Klux Klan. The people who spoke in support represent a tremendous constituency in Boynton Beach, but all of their members were not urged to attend the meeting. Commissioner Walshak advised that this Ordinance was proposed for only one reason. He has no special agenda on sexual orientation and no pay backs. He feels it is a good Ordinance which was brought forth to bring decency to the community. He does not feel the Commission is promoting anyone's life style. The Ordinance does not condone, approve or promote homosexuality or lesbianism. He claimed that Mr. Clark's American Family Association turned a decent Ordinance into something filthy. This Ordinance was set up to help people in this City solve a discrimination issue locally. Vice Mayor Aguila disagreed with Commissioner Walshak's opinion that the Ordinance did not contain anything which promotes inappropriate behavior. Vice Mayor Aguila feels homosexual behavior is unnatural behavior which is being legitimatized by the Ordinance. *shbuld read, "Mayor Pro TemMatson feels 14 her reelection is the will of the .... " MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 Mayor Harmening advised that the Boynton Beach Chamber of Commerce addressed a letter to him which opposes the passage of this Ordinance. {A copy of that letter is attached to the original set of minutes on file in the City Clerk's Office.} Motion Vice Mayor Aguila moved to deny this Ordinance on second and final reading. Mayor Pro Tem Matson seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 3-2. {Commissioners Katz and Walshak cast the dissenting votes.} VII. PUBLIC AUDIENCE None VIII. DEVELOPMENT PLANS: A. CONSENT AGENDA - UNANIMOUSLY APPROVED BY PLANNING & DEVELOPMENT BOARD 1. Project Name: Ascension Lutheran Church Agent: Roy A. Simon Owner: Ascension Lutheran Church Location: 2929 South Seacrest Boulevard Description: SITE PLAN MODIFICATION: Request to allow construction of a 1,047 square foot addition to the narthex of the existing sanctuary, and instal- lation of a new driveway plus other improvements. This item was discussed earlier in the meeting. 2. Project Name: The Cartoltth Group Agent: Henry Construction Group Owner: The Cartolith Group Location: 3210 SW 14th Place Description: SITE PLAN NODIFICATION: Request to allow construction of an 8,800 square foot addition to an existing industrial classified building that is located on a 1.004 acre site. Ms. Heyden made the presentation and advised that the existing building was built in 1989. Landscaping and parking are part of this request. Staff and the Planning and Development Board recorffnend approval of the request subject to all staff comments. ' Motion Mayor Pro Tem Matson moved to approve subject to staff comments. Commissioner Katz seconded the motion. In response to Commissioner Katz' question, Ms. Hoyden advised that the parking lot will have to be brought up to Code. Further, Commissioner Katz advised that Mr. Eichorst was not overly satisfied with how the trucks will have to back out. Commissioner Katz suggested the City be certain in the future that sites are large enough to permit safe entrance and exit manuevers for the trucks. ~ - 15 - MINUTES - REGULAR CITY CONHISSION NEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 Mayor Harmening pointed out that Mr. Eichorst stated the turn around was accept- able. The motion carried 4-0. {Commissioner Walshak was away from the dais.} Motion Commissioner Katz moved to adjourn until Thursday at 6:30 p.m. There was no second to the motion and the remainder of the Commission wished to continue with the meeting. MAYOR HARMENING POINTED OUT THAT THE DISCUSSION ON THE TEMPORARY HRS SITE WAS INADVERTENTLY LEFT OUT OF VI.PUBLIC HEARING, ITEM C. VI. C. HRS Facility City Manager Miller advised that at the last meeting, there was discussion regarding locating the temporary HRS site at the Madsen Center parking lot. He has spoken with Mr. Frederick and Ms. Farace and he has learned that parking becomes a sparse commodity during the season because of the programs at the Madsen Center, the Activity Center and the Library. There is a large grassed area north of the Library and south of the Freedom Hall parking lot which housed the old Activity Center before it burned down. City Manager Miller requested approval to go forth with this area as a temporary site. .Bonnie Hall~ 110 SE 3fdA venue, said she checked the zoning map on this site and it is not zoned t~'-allow Public Usage. It is zoned Recreation. Mayor Harmening advised that it has been Public Usage for many years because the Library was on the site before the Arts and Crafts Center. City Manager Miller said Recreation is a Public Use. Henry Ackermann, 1004 SW Sth Street, made a point of stating that he is a resi- dent of Boynton Be--~-~ ~d" resented an earlier remark. He asked the Commission to be sensitive to the choice of location for the permanent MRS facility. Residents of Census Tract 61 are very concerned about their area becoming a ghetto. City Manager Miller advised that the temporary site will be in place for approximately nine or ten months and it will not be a full-service facility. Staff is still working with groups regarding the permanent facility. Blanche Glrtman~ 912 NW 3rd Street~ asked for clarification on the location of the temporary facTTTt~ a~ ~as advised that it will be at the site of the old Arts and Crafts Center, between the Library and the parking lot of the Civic Center. Kathleen Brennan~ 2308Aspen Way, asked that the facility be placed in a centrally-located area so that it will be available to all residents of the City. 16- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 Ahmed Mohammed Asaad, 1621 North Seacrest Boulevard~ asked that the Commission consider the people who will benefit the most. He stated that the proceedings of previous meetings were unnecessary and offensive to the Black community. The Black community consists of law-abiding citizens who lead a decent and clean life and want positive things for themselves and their chilUren. ~ Glctman~ 1920 NE 1st ~ thanked the Commission for arriving at a solu- tion which will put ~-~i~'-~atter to rest. Motion Mayor Pro Tem Matson moved to approve the new temporary site for HRS up to 3,000 square feet. Con~nissioner Walshak seconded the motion which carried 5-D. B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING & DEVELOP- MENT 1. Project Name: Acme Plastic Retail Store Agent: Michael Morton Owner: Larry Levinson Location: SW 8th Street directly west of the main driveway leading to Home Depot Description: NEW SITE PLAN: Request to allow construction of a 10,030 square foot retail building on a 1.46 acre site. Ms. Heyden made the presentation and explained that this request is located in the Shoppes of Woolbright PCD. Ms. Heyden advised that the Master Plan Modification was an issue at the Planning and Development Board meeting, and she brought the overlay to this meeting for the Commission to view. The Commission- ers preferred not to view the overlay. She advised that there was a 58,000 square foot commercial building on the west side of SW 8th and this new retail store will replace a part of that building. Another unplanned Parcel is located south of this parcel. At their present location, Acme Plastic has a showroom and warehouse distribu- tion area for retail plastic housewares. The driveway off 8th Avenue was preapproved as part of the Master Plan. There will be two driveway connections to serve the unplanned site to the south. There is a peripheral greenbelt along the north property line. The drainage is off-site and will also serve the unplanned site to the south. The Planning and Development Board recommended approval of this request subject to all staff comments. Ms. Heyden pointed out that Mr. Guidry's Comment #6 in Utilities Memorandum #93-325 is superseded by Utilities Memorandum #93-357. In response to Vice Mayor Aguila's question, Mr. Morton advised that Acme Plastics will have fifteen {15} to twenty {20) employees. Vice Mayor Aguila felt the th)irty {30) remaining parking spaces would probably be sufficient for the public. 17- NIHUTE$ - REGULAR CITY COHMISSION HEETING BOYHTON BEACH, FLORIDA AUGUST 17, 1993 Vice Mayor Aguila moved to approve subject to all staff comments. Mayor Pro Tem Matson seconded the motion. Vice Mayor Aguila inquired whether or not an updated Master Plan would be pro- vided. Mr. Morton advised that the Master Plan would be updated as they go along. He further added that building permits were applied for subject to approval of the site plan by the Commission. That plan has been in the Building Department for several weeks. They are anxious to get back comments on the plan so that they can break ground next week. Mr. Morton also advised that as a result of the settlement agreement, all impact fees are based on 1986 vesting, to be collected by the City of Boynton Beach and forwarded to Palm Beach County. He requested putting that mechanism in motion so that the impact fees can be paid because it is commensurate with getting the building permit. All Ordinances and fees paid on the project are also part of the 1986 vesting. Attorney Cherof was not able to concur on this issue at this point. He asked Mr. Morton to contact him for concurrence. Mayor Harmening advised that any approval would be subject to Mr, Cherof and the applicant working out an agreement. In response to Commissioner Walshak's question, Mr. Jaeger said he will have to look at the status of where the review is. The Building Department did attempt to expedite the process by accepting site plan prior to site plan approval. He asked Mr. Morton to contact him in the morning. The motion carried 5-0. C. OTHER 1. Review of a request by the owners of the $hoppes of Boynton to modify their sign program to allow an increase in letter height for wall signs in the project Ms. Heyden advised that this is a request from the Shoppes of Boynton to modify their sign program which currently allows a sign height of 30". A new large tenant, Ben Franklin, is proposing a 48" letter height to accommodate their national logo. There was considerable discussion on this subject at the Planning and Develop- ment Board meeting and they concluded the Ben Franklin sign was acceptable since only the "C" and "F" in "Crafts" were 48" in height. All other letters are 30". In response to Commissioner Katz' question, Gary Rito, Vice President of Draper and Kramer, advised that Luria's letters are 5' in height. Vice Mayor Aguila liked the Planning and Development Board's determination that Ben Franklin is a large tenant. They recommended allowing the sign based on that determination rather than amending the sign package for the Center. Notion Vice Mayor Aguila moved to approve based on the Planning and Development Board's recommendation. Mayor Pro Tem Matson seconded the motion which carried 5-0. - 18 HINUTES - REGULAR CITY CONNISSION HEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 2. Consider request by Amerlcan Legion Post 164 to waive application fees required by the Board of Adjustment for the processing and hearing of an appeal Involving additional parking In connection with thetr bulldtng expansion #orlon Commissioner Walshak moved to approve. Mayor Pro Tem Matson seconded the motion which carried 5-0. IX. NEW BUSINESS: A. Items for discussion requested by Ha~vor Pro Tem ~nne ~tson 1. Clean It or Lien It This item was tabled until the next meeting. 2. Flortda League of Cltles Convention This item was tabled until the next meeting. B. Items for discussion requested by Commissioner Bob Walshak 1. One Ton Load Capaclty Trucks Commissioner Walshak advised that the Ordinance which was passed is still pres- enting problems. The language in the Ordinance says one-ton load capacity. If the language is not amended, problems will surface because on an 18,000 pound tractor with a gross vehicle weight of 20,000 pounds, the actual load capacity ,of the tractor by itself is one ton. That vehicle would be legal under the terms of the Ordinance. Commissioner Walshak was under the impression when the Ordinance was discussed that the Commission was discussing chassis. If the Ordinance remains as writ- ten, the door has been opened to park tractor trailers in any driveways other than those in homeowners' associations. When the Ordinance was rewritten, Commissioner Walshak was suggesting a frame capacity. Vice Mayor Aguila agreed with Commissioner Walshak and stated that he believed the only thing changing was the wording from three-quarter ton to one ton. The loading issue was not discussed and was not part of the Ordinance. He suggested the wording be revised. Commissioner Walshak suggesting putting a 20' length on it. Commissioner Walshak asked that it be amended and brought back. This item will appear on the agenda for the next meeting. C. Items for discussion requested by Coffrnlssloner David Katz 1. Sign premotlng Ctt~ Commissioner Katz tabled this item. - 19- HIHUTE$ - REGULAR CITY COt4NI$$ION HEETING BOYNTON BEACH, FLORIDA AUGUST 17,, 1993 2. Resignation of C1t~ Planner Commissioner Katz suggested that since the City Planner has given his resigna- tion, he should not be entrusted with completing the Land Designation Regula- tions. In his opinion, Mr. Cutro should leave the City on September 1. Mayor Pro Tem Matson was of the opinion that the Commission would be violating the Charter by discussing administration. Attorney Cherof advised that it would be proper to discuss this particular situation. In response to a question from Commissioner Katz, City Manager Miller advised that Mr. Cutro's salary and benefits cost the City between $80,000 and $85,000. Commissioner Katz feels the City could save substantial dollars by putting the Planning and Zoning Department under the Building Official. The City could give the Building Official a salary increase for those new responsibilities. He further suggested promoting one of the Senior Planners with a salary increase to oversee the department. In this way, the City could realize a savings of bet- ween $70,000 and $75,000. Vice Mayor Aguila said that in discussions Mr. Cutro has had with the City Manager, he is ready to leave immediately. He has delayed that departure because the City Commission has given him the task of completing the Land Designation Regulations. It would not make sense to let him leave now when he is 75 percent done with the task. Further, Vice Mayor Aguila feels the adminis- tration of the Planning Department requires someone who is trained in planning. The Building Official is competent to perform his job in the Building Depart- ment, but Vice Mayor Aguila does not feel he is trained to do what is required of him in the Planning Department. Mayor Harmening and Mayor Pro Tem Matson agreed. City Manager Miller advised that Mr. Cutro is on vacation this week. He will meet with him to talk about his plans to leave. He will also discuss how many Land Designation Regulations he can complete before he leaves. City Manager Miller said he has no plans to go outside in a search to bring in another planner. Commissioner Walshak pointed out that the zoning end was never changed through the Ordinances and it is still the purview of the Building Official. Vice Mayor Aguila said the Land Designation Regulations are supposed to resolve that situation. 3. Golf Course Fees for Employees Commissioner Katz asked Mr. Frederick if the County gives its employees a discount or free play at its golf courses. Mr. Frederick advised that they may have done so in the past, but they do not do so at the present time. Commissioner Katz feels City employees should be afforded a 50 percent discount year round at the golf course. City Manager Miller said he would like Joe Sciortino's opinion on this suggestion. Mayor Harmening advised that many golf courses do not make money because of the freebies they permit. - 20 - *should read, "Land Development Regulations NINUTES - REGULAR CITY COHHISSION NEE*rING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 Notion Commissioner Katz moved that we reduce the golf course fees year round 50 per- cent for the employees. Commissioner Walshak seconded the motion. Vice Mayor Aguila pointed out that employees who do not play golf may now wish to have the tennis fees lowered, and he inquired whether or not Commissioner Katz would go along with reducing those fees. Commissioner Katz answered in the affirmative. The motion failed 2-3. (Mayor Harmening, Vice Mayor Aguila and Mayor Pro Tem Matson cast the dissenting votes.) O. Municipal League Report There was no report at this meeting. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 093-25 Re: Setbacks for pools on corner lots Attorney Cherof read Proposed Ordinance No. 093-25 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 11E., APPENDIX A - ZONING, BY AMENDING SETBACK REQUIREMENTS FOR SWIMMING POOLS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Notion Commissioner Katz moved to approve Proposed Ordinance No. 093-25. Vice Mayor Aguila seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. 2. Proposed Ordinance No. 093-25 re: Creating a Human Rights Ordinance for the City of Boynton Beach Attorney Cherof read Proposed Ordinance No. 093-26 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CREATING A BOYNTON BEACH ORDINANCE ENTITLED "CITY OF BOYNTON BEACH HUMAN RIGHTS ORDINANCE" PROHIBITING DISCRIMINATION IN EMPLOYMENT, HOUSING AND PUBLIC ACCOM- MODATIONS AND PROMOTING SAID OPPORTUNITIES WITHOUT REGARD TO RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, SEXUAL ORIENTATION, HANDICAP, MARITAL STATUS, FAMILIAL STATUS, OR AGE; PROVIDING FOR PROCEDURES FOR ENFORCEMENT OF CHAPTER; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. This Ordinance was discussed earlier in the meeting. - 21 - )4INUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 3. Proposed Ordinance No. 093-27 re: Establishment of a new unified permit fee schedule applicable to building, electrical, plumbing, gas, mechanical, site work, improvement and other miscellaneous permits Attorney Cherof read Proposed Ordinance No. 093-27 by title only: AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING IN ITS ENTIRETY ORDINANCE NO. 90-39; REPEALING THE FOLLOWING SECTION OF CHAPTER 5 BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS, ARTICLE I IN GENERAL, SECTION 5-4, PERMIT FEES, IN THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA; SETTING FORTH A NEW UNIFIED PERMIT FEE SCHEDULE APPLICABLE TO BUILDING, ELECTRICAL, PLUMBING, GAS, MECHANICAL, SITE WORK, IMPROVEMENT AND OTHER MISCELLANEOUS PERMITS TO BE SET FORTH AS A NEW SECTION 5-4, PERMIT FEES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Motion Mayor Pro Tem Matson moved to approve. Vice Mayor Aguila seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. 4. Proposed Ordinance No. 093-28 re: Restructure of Community Redevelopment Advisory Board {CRAB} Attorney Cherof read Proposed Ordinance No. 093-28 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, BY AMENDING SECTION 2-13.5(C} TO PROVIDE FOR STAGGERED TERMS ON THE COMMUNITY REDEVELOPMENT ADVISORY BOARD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Motion Vice Mayor Aguila moved to approve. Commissioner Katz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. 5. Proposed Ordinance No. 093-29 re: Amend Chapter 13 Reference Occupational License Tax Reform - Transfer and Penalty Fees Attorney Cherof read Proposed Ordinance No. 093-29 by title only: AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13 BY AMENDING SECTION 13-5 AND SECTION 13-11 TO COMPLY WITH FLORIDA STATUTES, PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Motion Vice Mayor Aguila moved to approve. Commissioner Katz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. - 22 - MINUTES - REGULAR CITY COHMIS$IOH MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 B. Ordinances - 1st Reading: 1. Proposed Ordinance No, 093-30 Re: Restructure Advisory Board on Children and Youth to add two {2} student positions and one {1} alternate to the Board Attorney Cherof read Proposed Ordinance No. 093-30 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VII. CHILDREN AND YOUTH ADVISORY BOARD, SECTION 2-119. ORGANIZATION TO PROVIDE FOR THE APPOINTMENT OF THREE NON-VOTING STUDENTS TO THE BOARD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND EFFECTIVE DATE. Vice Mayor Aguila thought the request was for two students only. He was advised that Mr. Rosen of the Children and Youth Advisory Board made the-recom- mendation for two students and an alternate. The Commission decided the three would be non-voting members of the Board. Motion Vice Mayor Aguila moved to approve Proposed Ordinance No. 093-30 on first reading. Mayor Pro Tom Matson seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. 2. Proposed Ordinance No, 093-31 Re: Amend Chapter 18, Pension and Retirement, Section 18-125, Reemployment of Members Receiving Benefits, to provide for the reappointed employees to join in the General Employees' Pension Plan of the City Attorney Cherof read Proposed Ordinance No. 093-31 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18, PENSIONS AND RETIREMENT, SECTION 18-125, RE-EMPLOYMENT OF MEMBERS RECEIVING BENEFITS, TO PERMIT EMPLOYEES WHO ARE FULLY VESTED WHO RECEIVE BENEFITS FROM A CITY PENSION PLAN TO BE RE-APPOINTED AT THE OPTION OF THE CITY, ON A FULL-TIME BASIS, AND TO JOIN AS A NEW MEMBER OF THE CITY'S PENSION PLAN FOR THAT POSITION PROVIDED HE/SHE IS OTHERWISE ELIGIBLE TO JOIN THAT PLAN PURSUANT TO THE PLANS' PROVISIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND EFFECTIVE DATE. Motion Commissioner Katz moved to approve Proposed Ordinance No. 093-31. Mayor Pro Tem Matson seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. 3. Proposed Ordinance No. 093-32 Re: Expansion of the western limits for non-residents to obtain a beach decal Attorney Cherof read Proposed Ordinance No. 093-32 by title only: - 23 - NINUTE$ - REGULAR CITY CONMISSZON NEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 16, ARTICLE II, SECTION 16-82 PROVIDING FOR AN AMENDED DEFINITION OF "QUALIFIED NONRESIDENT"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND FOR AN EFFECTIVE DATE. Notion Vice Mayor Aguila moved to approve. Commissioner Katz seconded the motion. COmmissioner Katz questioned how much additional revenue would be generated. Mr. Frederick was not certain. Commissioner Katz was in favor of a $100 fee. City Clerk Sue Kruse polled the vote. The vote was 5-0. C. Resolutions: 1. Proposed Resolution No, R93-123 Re: Authorize execution of renewal of lease agreement between the City of Boynton Beach and The Exchange Club/Dick Webber Center for the prevention of child abuse Attorney Cherof read Proposed Resolution No. R93-123 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE REQUEST FOR RENEWAL OF THE LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE EXCHANGE CLUB/DICK WEBBER CENTER FOR THE PREVENTION OF CHILD ABUSE FOR THE GOLD COAST, INC.; AND PROVIDING AN EFFECTIVE DATE. Notion COmmissioner Katz moved to approve Proposed Resolution No. R93-123. Vice Mayor Aguila seconded the motion which carried 5-0. 2. Proposed Resolution No, R93-124 Re: Authorize execution of lease agreement between the City of Boynton Beach and the Greater Boynton Beach Chamber of Commerce regarding a Seafood Festival at the City's lO-Acre Intracoastal Park Attorney Cherof read Proposed Resolution No. R93-124 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE GREATER BOYNTON BEACH CHAMBER OF COMMERCE IN CONJUNCTION WITH THE CHAMBER'S ANNUAL SEAFOOD FESTIVAL; AND PROVIDING AN EFFECTIVE DATE. .Notion Mayor Pro Tem Matson moved to approve. Vice Mayor Aguila seconded the motion. Mr. Frederick advised that this site was utilized for the dredge materials. Plans were to spread the material over the site, level it and stabilize it with mulch and chips to prepare for the Seafest. This was to be done with City staff, but the quantities were too large for staff to handle. 24- HINUTES - REGULAR CZTY COHHZS$ION HEETING BOYNTOH BEACH, FLORIDA AUGUST 17, 1993 In order to get the site ready for the Seafest, it is necessary to mobilize out- side machinery. It is estimated that $6,000 will be necessary for two weeks of site work. Matt Bradley, who represented the Chamber and is Chairman of the Seafest, was able to locate trucks to remove the material. Don Finton has agreed to donate $1,§0D of work with his machinery. This will reduce the cost to $4,500. The Chamber is agreeable to funding up to 50 percent of the cost if the City will provide the other 50 percent {approximately $2,200 each). In response to Vice Mayor Aguila's question, Mr. Bradley advised that two years ago, the Chamber donated $1,000. Last year, there was no money to donate. An admission fee will be charged this year so the Chamber is hopeful that a profit will be realized. Mr. Bradley offered to donate an additional $1,000 to the City on top of the $2,200 which will be going into the site. However, he will have to address this issue with the Board. Vice Mayor Aguila expressed a philosophical problem with this plan because many people request support from the Commission and the Commission does not support them. This is an event the Chamber sponsors to raise funds for itself and while it helps the City, Vice Mayor Aguila is opposed to paying half the cost of getting the site ready and letting them use it for free. Mr. Frederick advised that the City would have to do something with the site anyway and feels this could be considered predevelopment of the site. Commissioner Katz confirmed that the City's cost would be $2,250, and Mr. Bradley will present the Board with a proposal to reimburse the City $1,000. Commissioner Katz also requested that the liability insurance be increased from $500,000 to $1 million. Mr. Bradley was of the opinion that the package was for $1 million and $2 million. In response to a request from City Manager Miller, Mr. Bradley will provide a new certificate of insurance. Commissioner Katz requested the maker of the motion to agree to the stipulation of $1 million for insurance. The motion carried 5-0. 3. Proposed Resolution No, R93-125 Re: Authorize execution of Final Plat, after approval by the Board of County Commissioners, for Lift Station site dedication Sunset Cay Development {fka Sundown Grove} Attorney Cherof read Proposed Resolution No. R93-125 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 FINAL PLAT, PENDING APPROVAL BY PALM BEACH COUNTY, FOR SUNSET CAY DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. Mot 1 on Commissioner Katz moved to approve Proposed Resolution No. R93-125. Vice Mayor Aguila seconded the motion which carried 5-0. - 25 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 4. Proposed Resolution No. R93-126 Re: Release of bond reserve for Public Service Tax (PST) Bond Issue, Series 1993 and purchase of surety Attorney Cherof read Proposed Resolution No. R93-126 by title only: A RESOLUTION RELATING TO THE CITY'S PUBLIC SERVICE TAX REFUNDING REVENUE BONDS, SERIES 1993; AUTHORIZING THE PURCHASE OF A RESERVE SUBACCOUNT INSURANCE POLICY WITH RESPECT TO THE BONDS; APPROVING THE EXECUTION OF A GUARANTY AGREEMENT IN CONNECTION THEREWITH; DEFINING THE EXPENDITURES TO BE MADE WITH CERTAIN PROCEEDS OF SAID BONDS; CONTAINING CERTAIN AUTHORIZATIONS; AND PROVIDING AN EFFECTIVE DATE. Notion Mayor Pro Tem Matson moved to approve. Vice Mayor Aguila seconded the motion. Commissioner Katz confirmed that this is the money Commissioner Walshak spoke of putting in the General Fund. The motion carried 3-2. {Commissioners Katz and Walshak cast the dissenting votes.} 5. Proposed Resolution No, R93-127 Re: Authorizing Historical Society to solicit funds for restoration of the elementary school Attorney Cherof read Proposed Resolution No. R93-I27 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE BOYNTON BEACH HISTORICAL SOCIETY TO SOLICIT DONATIONS FOR THE RESTORATION OF THE BOYNTON BEACH HISTORIC ELEMENTARY SCHOOL; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Katz moved to approve Proposed Resolution No. R93-127. Vice Mayor Aguila seconded the motion which carried 4-1. {Mayor Harmening cast the dissenting vote.) Attorney Cherof noted that they still need to go through the permit process. 6. Proposed Resolution No, R93-128 Re: A resolution to Florida Department of Transportation requesting the use of 2191NW 22nd Avenue, a house on the southwest corner of Gateway Boulevard and Seacrest Boulevard for public use {Community Development Corporation office} Attorney Cherof read Proposed Resolution No. R93-128 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO DONATE THE PROPERTY LOCATED AT 2191SEACREST BOULEVARD TO THE CITY OF BOYNTON BEACH FOR PUBLIC PURPOSE. - 26 - MINUTES - REGULAR CITY COHNISSIOH #EETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 Norton Commissioner Katz moved to approve PrOposed Resolution No. R93-128. Commissioner Walshak seconded the motion, Mayor Pro Tem Matson noted that the Resolution did not include any of the discussion with regard to safety which took place at the City Commission meeting of August 3, 1993. She reminded staff not to forget about those items. The motion carried 5-0. 7. Proposed Resolution No. R93-129 Re: Authorize execution of Addendum II to the Conceptual Approval Agreement {CAA) for the Seacrest Scrub Joint City/County Acquisition Project Attorney Cherof read Proposed Resolution No. R93-129 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 ADDENDUM II TO THE CONCEPTUAL APPROVAL AGREEMENT FOR THE SEACREST SCRUB JOINT CITY/COUNTY ACQUISITION PROJECT; A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Katz moved to approve Proposed Resolution No. R93-129. Vice Mayor Aguila seconded the motion which carried 5-0. 8. Proposed Resolution No. R93-130 Re: Approve letter of credit submitted by Minto Builders for Platina Village III Phase 1 {On Boynton Beach Boulevard, west of Military Trail~ adjacent to new West Water Treatment Plant} Attorney Cherof read Proposed Resolution No. R93-130 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING AND APPROVING THE LETTER OF CREDIT NO. MSOD222 SUBMITTED BY MINTO BUILDERS {FLORIDA}, INC., {PLATINA VILLAGE III - PHASE 1} ISSUED BY BARNETT BANK IN THE AMOUNT OF $129,659.20; AND PROVIDING AN EFFECTIVE DATE. Mayor Harmening confirmed that Attorney Cherof agreed to the Letter of Credit. Notion Vice Mayor Aguila moved to approve. Mayor Pro Tem Matson seconded the motion which carried 5-0. D. Other: 1. Settlement Agreement - Llnda Lane vs. City of Boynton Beach City Manager Miller advised that this is a settlement agreement in the amount of $6,750. - 27 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 Motlon Mayor Pro Tem Matson moved to approve. Commissioner Katz seconded the motion. Commissioner Katz asked for clarification on what the City is settling. City Manager Miller advised that Ms. Lane sued for false arrest. The motion carried 5-0. 2. Nrotek Lawsuit Attorney Cherof reminded the Commission that the City prevailed in the appeal Mr. Mrotek took from the Board of Adjustment. The case is over and the City is in the position to compel the removal of the offensive portion of the wall and possibly the entire wall. Attorney Cherof was contacted by the Mroteks who made a proposal which entails taking down a portion of the wall and leaving the portions with the light fix- tures. It would not entail removing the wall entirely or moving it down to the level approved by the Building Department. Attorney Cherof requested direction on whether to continue to pursue a settle- ment agreement or to take enforcement action to bring them into compliance. Commissioner Katz recommends having the Mroteks remove the entire wall. Vice Mayor Aguila does not have a problem with the light portions remaining in place, but it should not be wider than 16". Where there is a light, they may keep the wall the two feet higher for a width of 16", then the rest of the wall comes down until they reach the next light. Mayor Harmening and Mayor Pro Tem Matson agreed with Vice Mayor Aguila's suggestion. City Attorney Cherof also pointed out that the City has expended over $20,000 to win the lawsuit. He received authorization to attempt to recover that money. Commissioner Walshak said this wall has never been properly inspected. Attorney Cherof said that one of the things the City always insisted on when the case was pending was that there be some type of destructive testing on a portion of the wall to determine that it was structurally sOund. The City also requested that an engineer of record certify that the wall is structurally sound. This has not as yet been done. Commissioner Walshak said the Mroteks have dragged the City through the mud for three years. The City has expended a great deal of money on legal fees and we have never attached any administrative costs to what it has cost the City. He said Mr. Mrotek is operating a business in this establishment. In response to Mayor Harmening's question, Attorney Cherof advised that it has never been established that Mr. Mrotek is operating a business. There have been a number of final inspections, but not the type of inspection necessary for the issuance of a Certificate of Occupancy. Mayor Harmening suggested the inspection be made. - 28 - HINUTES - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1993 With regard to the issue of electrical power, Attorney Cherof advised that Florida Power & Light received a call from someone who identified himself as working for the City. It was not a City employee who made the phone call, but power was turned on on a permanent basis. Comaissioner Walshak feels a search warrant should be issued and the Building Inspectors should enter the premises to see what is going on. Mayor Harmening recommended a final inspection of the house be made. When the wall is taken down, destructive testing can be done. In response to Vice Mayor Aguila's question, some of the expenses can be recouped as a condition of the settlement. Vice Mayor Aguila feels the City should get the final inspection and go through the proper Certificate of Occupancy process. If there is a chance to recoup some of the money the City expended, then it should be followed through. Attorney Cherof will explore the possibility of the type of settlement discussed this evening and bring it back at the next meeting. 3. daeger Lawsutt Attorney Cherof advised that the City has received a written settlement proposal from Mr. Jaeger's attorney. The Commission is under a new Statute which permits the Commission to meet in Executive Session to discuss pending litigation and potential settlement offers and resolutions. The procedure to be followed includes requesting the Commission, at a public meeting, to conduct one of those Executive Sessions. The Commission needs to approve it and set the time for it. The Executive Session must commence at an open meeting. At that meeting, the Commission will announce they are going into Executive Session. They will leave the room, have the meeting and then return and continue on with business. There was a consensus to conduct the Executive Session at the next City Commis- sion meeting. XI. OLD BUSINESS: A. Temporary site for Health & Rehabilitative Services (HRS) factlity This item was discussed earlier in the meeting. XI[. CITY HANAGER'S R£PORT: City Manager Miller advised that the City's grant application will be heard for the Old Schools the first week in September in Tallahassee. Vice Mayor Aguila will be attending on behalf of the City. He needs direction and approval to speak on behalf of the City in favor of the application. Vice Mayor Aguila plans to leave Boynton Beach on the morning of September 8th, and spend September 9th in Tallahassee. He will speak on behalf of the Commis- sion in an attempt to persuade the Board to award the $300,000 we have requested. There was no opposition from the Commissioners with the exception of Mayor Harmening. 29 - HINUTE$ - REGULAR CITY COHHIS$ION HEETING BOYNTOH BEACH, FLORIDA AUGUST 17, 1993 XIII. OTHER: None XIV. ADJOURNHENT: There being no further business to come before the Corr~nission, the meeting prop- erly adjourned at 2:00 a.m. THE CITY OF BOYNTON BEACH ~~~~~ Mayor '~ Vice Mayor ATTEST: ~~/~ r Pro Tem //~~-) :ommissioner ~'cording Secretary -- ~// Commissioner (Seven Tapes) - 3O AGENDA III. CONSENT AGENDA C cc: Util, Re¢, Fin August 17, 1993 1. - ARIEL DATA REDUCTION ASSOCIATES, INC. 15,306.30 Pay request ~1 Automated Design Mapping - 2" Water Main Rep. Services from July 1, 1993 - July 30, 1993. Pay from Water & Sewer Utility Rev. Fund -- 421-000-0-690-21 - $7,653.15 ! 421-000-0-691-21 - $7,653.15 2. CI~2M HILL 49,334.83 Task Orders, services from 8/25/92 - 6/24/93. Pay from W & S Utility Revenue Fund -- 421-000-0-691-21 - $3,144.73 Pay from Utility Capital Improv. Fund -- 404-000-0~690~10 - $20,998.41 Pay from 1990 Construction Fund -- 409-000-0-690-10 , $25,191.69 3. CtqEMLIME 6,225.60 P. O. 2844. Lime for Chemical Softening. Pay from Water & Sewer Revenue Fund -- 401-336-5-365-00 4. COMTEL INDUSTRIES INC./METALS, INC. 74,276.18 P. O. 4758. Telecommunication Project, Pay from 1990 Construction Fund -- 409-000-0-690-10 - $37,138.09 409-000-0-691-10 - $37,138.09 5. CONGRESS COMMUNITY MIDDLE SCHOOL 4,000. O0 Annual Pa.vment per Contract Agreement with School Board for operating School. Pay from General Fund -- 001-721-5-499-00 6. DAVIS HAMILTON JACKSON & ASSOCIATES 8,353.96 Quarterly management fee for April 1, 1993 - June 30, li993 Pay from Police Pension Fund -- 612-138-5-225-00 7. ERWIN CONSTRUCTION ASSOCIATES 4,387.00 P. O, 4888. Add. to Maint. Shop & Loading Pad Shelter at Golf Course. Pay from Golf Course Revenue Fund -- 411-000-1-476~60 8. FERGUSON ENTERPRISES, INC 14,354.90 P. O. 4877, 30 Bury Kennedy Fire Hydrants. Pay from Water & Sewer Revenue Fund -- 401-333-5-654-00 - $14,120,00 10 2" L Couplings. Pay from Water & Sewer Revenue Fund -- 40!-333-5~390~05 $234,90 9, FUTDRIE HORIZONS, INC. 1,695, O0 Aquatic Weed Control for July and Special Treatment Pay from General Fund -- 001-722-5-430-14. COMMISSION I aUG 1 T i1993 A~'p~AoVAL 10. GEE & JENSON 6,186.59 Professional Services for Boynton Lakes Park for period of 6/25/93 - $1,648089; Meadows Park for period of 6/25/93 - $4.537.70. Pay from Public Service Tax Cnstrctn -- 301-722-5-463-08 $1,648.89 301-722-5-463-07 - $4,537.70 11. GEMAIRE DISTRIBUTORS, INC. 2,696.00 P. O. 4883. 4 Ton 11.60 Seer Cond. Unit, Heater & Insulation, Horizontal Drain Pan. Pay from Public Service Tax Construction -- 301-192-5-629-00 12. HARDRIVES 3,285.00 West Industrial Complex. Pay from Self Insurance Fund -- 622-195-5-440-01 13. IBM 9,362.97 P. O. 3017. IBM Upgrade to Model E50. Pay from General Fund -- 001-000-1-391-01 14. INDIAN RIVER ARMATURE, INC. 2,410.00 P. O. 4824. Repair Pump at Lift Station 518. Pay from Water & Sewer Revenue Fund -- 401-352-5-433-00 15. JONES CHEMICALS, INC. 2,069.00 P. O. 2884. Chlorine for Disinfection. Pay from Water & Sewer Revenue Fund -- 401-335-5-363-00 16. JOSIAS & GOREN, P.A. 15,268.75 City of Boynton Beach Union/Collective Bargaining Matters - IBF&O Unit Clarification (7/7/93 - 7/28/93) - $1,431.40; 1993 Fire fighters CBA - $1,200.70; 1993 Sergeant CBA - $330.00; 1993 Lieutenant CBA - $470.00; 1993 Police CBA - $830.00, Pay- from General Fund -- 001-141-5-460-18 - $4,262.10 Legal Fees - July 1993 Pay from General Fund -- 001-141-5-461-00 - $6,250.00 City of Boynton Beach General Matters - Expenses th~a 7/30/93, long distance/facsimiles $10.70, copying $346.50, messenger service $62.00 = $419.20; City adv. Home Savings/ Ahman Naeem - $50.00; Lionel Bankruptcy - $252.80; FOP/Step Inc. - $563.25; Longevity Arb/FF - $130.00; adv. Bethesda Amb. - $1,060.00; adv. Don Jaeger - $610.00; v. Citrus Glen - $251.40; v. Su~mnit Associates - $460.00; adv. Mrotek - $660.00; adv. Tradewinds - $300.00 Pay from General Fmqd -- 001-141-5-468-00 - $4,756.65 17. KIMMINS RECYCLING 10,685.75 P. O. 2889. Recycling Center used for Recycling Materials. Pay from Sanitation Fund -- 431-341-5-490-01 COMMI$$ION 2 APPROVAL 18. L * A WATER TREATMENT CORPORATION 473,983.83 P, O, 856, 4 MGD Membrane Softening Equipment, Pay from 1990 Construction Fund -- 409-000-0-690-10 19. LAWMEN'S P~OTO 2,158.80 P. O. 5157, Polaroid 600+ Film, 30 Twin pk/Case, Pay from Warehouse Fund -- 502-000-0-410-10 20. MIGROAGE COMPUTER CENTERS, INC. 4,910.22 P, O, 4992. Hewlett Packard Designjet 60. Pay from 1990 Construction Fund -- 409-000-0-690-10 - $2,455.11 409-000-0-691-10 - $2,455.11 21, NASCO 1,483.42 P. O. 4738. Supplies for Summer Camps Art Center, Pay from General Fund -- 001-721-5-384-00 - $1,321,90 Supplies for Wilson Center Smumer Programs. Pay from General Fund -- 001-721-5-388-00 - $161.52 22, NEIGHBORHOOD FAMILY DOCTOR 1,492.00 14 Physicals Pay from General Fund -- 001-135-5-460-01 23. PEROXIDATION SYSTEMS, INC. 8,984.50 P, O. 3002. Mydrogen Peroxide Used in Wastewater Coll. System Pay from Water and Sewer Revenue Fund -- 401-352-5-366-00 24. THE POOLE & KENT COMPANY 293,675,67 P. O, 2216. Process Inprov. to the East Water Trtmnt Plant, Pay rom 1990 Construction Fund -- 409-000-0-690-10 - 21,005.65 P. O. 858. Construction of West Water Trtmnt, Plant. Pay from 1990 Construction Fund -- 409-000-0-690-10 - 199,703.02 P. O. 4471. Replacement of 2 Booster P~nps~ Motors and Valves & ! Clutch Assembly. Pay from W & S Utility Revenue Fund -- 421-000-0-690-21 - 72,967.00 25, PRIDE AUTO BODY 3,245,00 P. O. 5002. Refurbish Truck ~181, Pay from Water & Sewer Revenue Fund -- 401-351-5-433-00 26, RWT TREE INC. 1,080.00 P. O. 5161. Trees to Be Planted on Golf Course, Pay from Golf Course Revenue Fund -- 411-72625-635-00 27. RICHARD'S GONGHETE CONSTRUCTION 3,906.00 P, O. 5070, Sidewalk Installation, Pay from Public Service Tax Construction -- 301-411-5-629-21 COMMISSION APPROVAL 28. S.A.F.E. SYSTEMS 3,485.00 P. O. 4960. Defensive Tactic Weapon. Pay from General Fund -- 001-211-5-381-00 29. SERVICEMASTER 7,057.55 For the Nutrition Program at Wilson Recreation Center. Pay from General Fund -- 105-000-0-158-90 30. SOUT~ CENTRAL REGIONAL WASTEWATER TRTMNT. AND DISPOSAL BD. 41,649.49 Replacement of Equipment, Capital Projects Rec. Diffuser System, Repair Replacement Projects Hycore Press Polymer Pump. Pay from Utility General Fund -- 403-000-0-691-22 - $10,424.64 401-353-5-699-99 - $8,984.56 = $19409.20 Repair and Replacement Engineering - Sinking Fluid Projects - CDM - $6,184.29, Sludge Process Modifications Engineering - CDM - $1,552.50, Repair and Replacement-Projects - Sinking Fund - Inscho-Kir!in - $14,503.50. Pay from Utility General Fund -- 403-000-0-691-22 $22,240.29 31. TARE LAWN MAINTENANCE 2,897.50 P. O. 2976. Landscape Mainten~lce Service. Pay from General Fund -- 001-722-5-430-15 32. TOTAL TENNIS SUPPLY 6,000.00 P. O. 2979. Supplies for Mainten~lce of Tennis Courts. Pay from General Fund -- 001-721-5-318-00 - $200.00; 001-721-5-345-00 - $800~00; 001-721-5-361-00 $4,000.00; 001-721-5-433-00 - $800.00' 001-721-5-434-00 - $200.00 33, T~E TRANE COMPANY 36,531.00 P. O. 4393. City Hall A/C Replace Part. Pay from Self Insurance Fund -- 622-195-5-440-01 34. GREENTREE DRY CLEAN~_~RS 1,004.50 P. O. 2867. Cleaning of Sworn Personnel Uniforms. Pay from General Fund -- 001-211-5-436-00 Added a~Commission Meeting: 1. CUSTOM T-SHIRTS 1,472.00 P. O. 2949. T-Shirts for fall Recreation programs Pay from Warehouse fund -- 502-000-0-410-13 COMMISSION aub 17 1993 APr~OVAL 2. PALM BEACH COUNTY SOLID WASTE 50,385.89 P. O. 2991. Ladfill, Disposal of Trash Pay from Sanitation Fund -- 431-341-5-490-01 These bills have been approved and verified by the department heads involved, checked and approved for payment. Diane Reese, Deputy Finance Director I therefore recommend pa~ent of these bills. J/Scott Miller, ~City Manager COMMISSION aUG 17 199,q APPROVAL ,Fo~m~No. 121, Revised 5/1/75 [EXTENSION: ~ - I DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 6~186.59 ' s_. Gee & 3enson PO Box 24600 West Palm Beach, FL 33416=4600 VENDOR NO. 071542 For: Invoice #22414 - Bo~nton Lakes Park - Professional services for the period 6/25/93 in the amount of $1648.89 Invoice #22413 - Meadows Park - Professional services for the period 6/25/93 in the amount of $4,537.70 Requested by Date 8/10/93 Approvals: FUND DEPT t BASIC ELE OBJ AMOUNT ~ /O~ ,301 722 5 463 08 1648 301 722 5 463 O~ 4537 70 Dept. Head Finance Dept. ¢ :y Manager ' TOTAL 6186 59 au~ 17 1993 aPPROVAL GEE & JENSON Engineers-Architects- PLEASE REMIT TO P.O. Box 24600 West Palm Beach, FL 33416-4600 _'~JULY 22, 1993 ? INVOICE NO. 22414 120 E. BOYNTON BEACH BLVD BOYNTON BEACH FL 33425 ~' ,~ FOR: BOYNTON LAKES PARK PROFESSIONAL SERVICES FOR THE PERIOD ENDING JUNE 25, 1993 ..... PARTIAL TASK 3 (CONSTRUCTION PLANS) PROFESS IONAL PERSONNEL - ~ HOURS RATE AMOUNT SR. ENGINEER 11.0 80.00 880.00 ENGINEER 4.0 65.00 260.00 SECRETARY 2.0 25.00 50.00 DRAFTER 11.0 40.00 440.00 TOTALS 28.0 1,630.00 REIMBURSABLE EXPENSES MI S CE LLANEOUS 0.52 PRNTG & REPRO (INHOUSE) 18.37 TOTAL REIMBURSABLES 18.89 TOTAL THIS INVOICE $ 1,648.89 CONTRACT AMOUNT $ 15,920.00 BUDGET SUMMARY CURRENT PRIOR PDS TO-DATE -- LABOR 1,630.00 2,567.50 4,197.50U( 3 Vj LIMIT 15~360.00 .... REIMBURSABLES 18.89 75.99 94.88 LIMIT 550. O0 AU6 l ~ ~g93 W~ HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COIblPLIED WITH THE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED. GEE & JENSON Engineers-Architects- Planners, PLEASE REMIT TO P.O. Box 24600 West Palm Beach FL 33416-4600 JULY 22, 1993 INVOICE NO. 22413 \ ~ PROJECT NO. 93-133.00 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD ATTN: CHARLES FREDERICK FOR: MEADOWS PARK PROFESSIONAL SERVICES FOR THE PERIOD ENDING JUNE 25, 1993 PARTIAL TASK 3 (CONSTRUCTION PLANS) PROFESSIONAL PERSONNEL HOURS RATE AMOUNT PROJECT MANAGER 4.0 85.00 340.00 SR. ENGINEER 16.0 80.00 1,280.00 ENGINEER 31.0 65.00 2,015.00 SR. DRAFTER/TECH 2.0 55.00 110. O0 SECRETARY 5.5 25.00 137.50 DRAFTER 15.5 40.00 620.00 TOTALS 74.0 4,502.50 REIMBURSABLE EXPENSES MISCELLANEOUS 1.16 PRNTG & REPRO (INHOUSE) 34.04 TOTAL REIMBURSABLES 35.20 TOTAL THIS INVOICE $ 4,537.70 CONTRACT AMOUNT $ 31,975.00 CURRENT PRIOR PDS TO-DATE LABOR 4,502.50 7,082.50 11,585.00 ~__ LIMIT 31,085.00 LIMIT 890.00 WE HEREI~'Y CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMP~M~MED WITH THE F~IR LABOR STANDARDS ACT OF !SS,B, AS AMENDED, THE GREATER BOYNTON BEACH CHAMBER OF COMMERCE August 17, 1993 Hon. Edward Harmening Mayor PO Box 310 Boynton Beach, FL 33425-0310 Dear Hon. Harmening: The Greater Boynton Beach Chamber of Commerce is an active association of business people concerned with the economic and social viability of this community. As individuals and as an association, we are stalwart supporters of civil rights mandates and human rights for every citizen. We are appreciative of the efforts expended by every level of government to insure the cessation of discrimination in any form in every segment of our society. This is appropriate in a country founded on the premise that individual freedoms and equality are paramount. While the Chamber applauds the effort of the Boynton Beach City Commission to reiterate and reinforce the concept of equal opportunity under the law through the drafting of a Human Rights Ordinance for the City of Boynton Beach, we feel this is a duplicative piece of legislation which would have debatable benefits for the citizens of this community. Current State and Federal legislation offers ample remedy for discriminatory practices when they are proven to have occurred. The addition of another layer of bureaucracy to enforce this edict at a local level will only serve to hamper the judicial redress currently available to aggrieved individuals. Action under this ordinance would not preclude any party from seeking further remedy under State and Federal Statutes, but could forestall such action being taken in a timely fashion. The Chamber of Commerce also believes that consideration must be given to the possible economic implications of this ordinance; how many man-hours will be necessary to enforce this ordinance; the forms necessary to file complaints must be drafted and printed; after they are completed, they m~st "America's Gateway To The Gulfstream" 639 East Ocean Avenue, Suite #108, Boynton Beach, Florida 33435 407/732-9501 be filed; space must be available for hearings, transcripts must be made of these hearings. If further challenge is made and the hearing officer's decision is overturned, is the City then subject to legal redress? Municipal resources are becoming more scarce each year, but the demands on those dwindling resources are increasing exponentially. The idea of expending tax dollars to implement a system which is already in place and working at a more appropriate level of government is simply not tenable. In closing, the Chamber feels the sentiment prompting the proposed legislation is laudable. We feel that the effect of the legislation, however, would be detrimental to the citizens of this community. 'nC ~~r~i~President Boynton Beach Chamber of Commerce Florida House of Representatives Suzanne Jacobs Committees Representative, 88th District Higher Education, Vice Chair Finance & Taxation R~ply co: Aging & Human Services ~ 990 South Congress Avenue Corrections Delray Beach, FL 33445 (407) 274-4690 (407) 433-3666 (WPB) ~ 302 House Office Building Tallahassee, FL 32399-1300 (904) 488-1662 August 17, 1993 Mayor Edward Harmening and the Boynton Beach City Co~ission City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Mayor Havening and City Co~issioners: I commend you for your discussion of Boynton Beach's proposed civil rights ordinance. I think it shows great compassion and sends a positive message to the entire co--unity. As Americans, we all are equal under the law, with equal protections from discrimination and fear. I believe full civil rights must be granted for all Floridians, with no exceptions. This ordinance tells the rest of the state that Boynton Beach cares about the rights of all of its citizens. Sigcerely, Dis~ct 88 SJ: BS: BS Printed on Recycled paper - .~. HOM~ [~ ~.., .O~IC~-(~'~ . ' "~guFt ..$7, I993 .. ' -" ~he' HdnOrable Sue Kruse -- '-' - :...:C~"~.ier.,k~ City of Boynton Beach ...... 'read .~his.'~etter into the record of Ch.~s mee:ting, at the' - · ...... forefron~ '~'~' ~aSs~ng 'of and ordinance o~' th~s .magnl~Ud$. ._. -. .. -' ..:- i: .... ..- ...... ,: .... ...... :"..,' L' ' ' ' .... ' ~ .... ' . '- . - · ''. .... _.~ . .' ........ ' :, ,-._ = '.' · - _'.' .2' ." . .... ~.' '.i~ · . - '.~.~i '. .';' 2' · ..... ' '- ..... ". - . . _. ''.r .:".'_. ' ...... ........ '-;.' ~. · .~... , ~-. ~ ...... ....? '-. Al~gust 17, 1,993:, !, .: :, , .... ~.. t~,' [".. ~on . . ' . .... '." .:.: '. ,~..-;. -. .. .,, . -,~ .~. ;.. .':...., COlor, national origin, ~eligf~, sex~,'ag~, ..~t~dtcap, marl p~b.li~~tatus Orfacilit~.s~al 'orientation in hou~:~g, e~lo~,, and ac~s The Greater Boynton Beach Chamber of Commerce is an active association of business people concerned with the economic and social viability of this community. As individuals and as an association, we are stalwart supporters of civil rights mandates and hUman rights for every citizen. We are appreciative of the efforts expended by every level of government to insure the cessation of discrimination in any form in every segment of our society. This is appropriate in a country founded on the premise that individual freedoms and equality are paramount. While the Chamber applauds the effort of the Boynton Beach City Commission to reiterate and reinforce the concept of equal opPortunity under the law through the drafting of a HUman Rights Ordinance for the City of Boynton Beach, we feel this isa of legislation which would have debatable benefits r the citizens of this community. Current State and Federal legislation offers ample remedy for discriminatory practices when they are proven to have occurred. The addition of another layer of bureaucracy to enforce this edict at a local level will only serve to hamper the judicial redress currently available to aggrieved individuals. Action under:this ordinance would not preclude any party from Seeking further remedy under State and Federal Statutes, but could forestall such action being taken in a timely:fashion. The Chamber of Commerce also believes that consideration must be given to the possible economic implications of this ordinance; how many man-hours will be necessary to enforce this ordinance; the forms necessary to file complaints must be drafted and printed; after they are completed, they must be filed; space must be available for hearings, transcripts mustbe made of these hearings. If further challenge is made and the hearing officer's decision is overturned, is the City then subject to legal redress? Municipal resources are becoming more scarce each year, but the demands on those dwindling resources are increasing exponentially. The idea of expending tax dollars to implement a system which is already in place and working at a more appropriate level of government is simply nOt tenable. In closing, the Chamber feels the sentiment prompting the proposed legislation is laudable. We feel that the effect of the legislation, however, would be detrimental to the citizens of this community. HARRY JOHNSTON CONGRESS OF THE UNITED STATES HOUSE OF REPRESENTATIVES · _. WASHINGTON, DC 20515-0919 Honorable Bobby Walshak City of B0ynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 ............. Dear Bobby: Thank you for contacting me and letting me know about the event on August 17th. I apologize that I am unable to attend the ceremony to celebrate the signing of the Boynton Beach Human Rights Ordinance. I do wish to congratulate the city for its leadership and commitment to insuring that the basic human rights of all people are protected. Passage of this ordinance is also timely. Hard times often carry with them waves of intolerance, and the reaffirmation of human rights is of supreme importance during such times. Protection of human rights is an American tradition and one of which we are justly proud. Again, I applaud you and hope that you will continue to consider me for future events. With regards, ~ HJ:da 19TH DISTRI{3T, FLORIDA COMMITTEES: WASHINGTON OFFICE: BROWARD COUNTY OFFICE: PALM BEACH COUNTY OFFICE: MAJORITY WHIP-AT-LARGE BUDGET 204 CANNON HOUSE MARGATE CITY HALL 1501 CORPORATE DRIVE CHIEF OF STAFF · ..FOREIGN AFFAIRS OFFICE BUILDING 5790 MARGATE BOULEVARD SUITE 250 SIJZANNE s'rOLI,. SUBCOMMITTEES: WASHINGTON, DC 20515-0919 MARGATE, FL 33063 BOYNTON BEACH, FL33426 DISTRICT ADMINISTRATOR, AFRICA, CHAIRMAN 202-225-3001 305-972-6454 X-378 407-732-4000 DIANE'BIRNBAUM INTERNATIONAL ECONOMIC 305-428-4888 POLICY & TRADE INTERNATIONAL OPERATIONS THE FLORIDA SENATE Tallahassee, Florida 32399-1100 COMMITTEES: Criminal Justice1 -' Chairman Finance, Taxation and Claims, Vice Chairman SENATOR ROBERT WEXLER Commerce 28th District Executive Business, Ethics and Elections Health and Rehabilitative Services Rules and Calendar August 17, 1993 SELECTCOMM~TTEE: Rules Reform Dear Mr. Mayor, City Commissioners and Boynton Beach Residents: It is my understanding that the City of' Boynton Beach is considering a human rights ordinance which prohibits discrimination with respect to employment, housing and public accommodations. Please alloW me to express my support° Invidious discrimination of any sort should not be tolerated. I applaud the City's efforts to prohibit discrimination with respect to employment, housing and public accomodations. It seems self-evident that law abiding people should enjoy the opportunity to work and to live without the fear of government sanctioned discrimination. This ordinance is a cost effective way to avoid expensive litigation and improve the standard of living formany of our community members. This is local government at its best. You are taking a potential problem and solving it at the local level. Thank you for having the courage to act. Very truly yours, Robert Wexler Senator REPLY TO: [] 2500 North Military Trail, Suite 252, Boca Raton, Florida 33431 (407) 994-6505 [] 228 Senate Office Building, Tallahassee, Florida 32399-1100 (904) 487-5091 ANDER CRENSHAW PAT THOMAS JOE BROWN WAYNE W. TODD, JR. President President Pro Tempore Secretary Sergeant at Arms Florida House of Representatives Mimi K. McAndrews Committees Representative, 85th District Criminal Justice Drug & Alcohol/Law Enforcement, Chair Reply to: Finance & Taxation [] Suite 740 Ethics & Elections 1645 Palm Beach Lakes Boulevard Tourism & Economic Development West Palm Beach, FL 33401 Joint Legislative Auditing (4O7) 478-O88O [] 320 The Capitol Tallahassee, FL 32399-1300 (904) 488-4791 August 17, 1993 To Mayor Ed Harmening and the Boynton Beach City Commissioners: I applaud your efforts to ensure access to housing, employment and public accommodations for all the citizens of Boynton Beach. I wholeheartedly support the passage of this human rights ordinance. Sincerely, Mimi McAndrews State Representative District 85 Printed on Recycled Paper Florida House of Representatives Suzanne Jacobs Committees Representative, 88th District Higher Education, Vice Chair Finance & Taxation R~ply co: A4~ing & Human Services [] 990 South Congress Avenue Corrections Delray Beach, FL 33445 (407) 274-4690 (407) 433-3666 (WPB) [] 302 House Office Building Tallahassee, FL 32399-1300 (904) 488-1662 August 17, 1993 Mayor Edward Havening and the Boynton Beach City Commission City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Bar Mayor Havening and City co~issioners: I co--end you for your discussion of Boynton Beach's proposed civil rights ordinance. I think it shows great compassion and sends a positive message to the entire co--unity. As ~ericans, we all are equal under the law, with e~al protections from discrimination and fear. I believe full civil rights must be granted for all Floridians, with no exceptions. This ordinance tells the rest of the state that Boynton Beach cares about the rights of all of its citizens. Sincerely, ~~ct 88 ~ SJ: BS: BS Printed on Recycled Paper