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Minutes 09-21-93 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTEMBER 21, 1993, AT 6:30 P. PRESENT Edward Harmening, Mayor J. Scott Miller, City Manager Jose Aguila, Vice Mayor James Cherof, City Attorney Lynne Matson, Mayor Pro Tem Sue Kruse, City Clerk David. Katz, Commissioner Robert Walshak, Commissioner I. OPENINGS A. Call to Order B, Invocation C, Pledge of Allegiance to the Flag Mayor Harmening called the meeting to order at 6:30 P. M. The invocation was dispensed with since Reverend John Block of St. Mark's Catholic Church was not present. The Pledge of Allegiance to the Flag was led by Commissioner Katz. D. Agenda Approval 1. Additions, Deletions, Corrections Vice Mayor Aguila added XI.A.2 {Captain Frank's Seafood). Mayor Pro Tem Matson added XI.B.1 {Two Hundred Foot Distance Drug Free Zone Signs at Hester Center) and XI.B.2 {Florida League of Cities Legislative Conference). Commissioner Katz added XI.E.1 {Finizio vs. City of Boynton Beach) and XI.E.2 {Intersection of S. W. 23rd Avenue and S. W. llth Street - the Entrance to Golfview Harbour). 2, Adoption Motion Mayor Pro Tem Matson moved to approve the agenda as amended. Vice Mayor Aguila seconded the motion, which carried 5-0. I I. PUBLIC HEARING A, Final Budget and Aggregate Millage Rate for Fiscal Year 1993194 Mayor Harmening explained the purpose of this public hearing pursuant to F. S. 200.065{2){d), F. S. 200.065{2){e)1, and F. S. 166.241{3). No one wishing to speak on this item, Mayor Harmening declared the public hearing closed. With regard to the Water and Sewer Revenue Fund, Mayor Harmening had no objec- tion with downgrading the Administrative Assistant II to Secretary III if this - is voluntary. City Manager Miller advised that it is not voluntary; however, - 1 - MINUTES -*REGULAR CITY COMMISSION MEETING BOYNTOM BEACH, FLORIDA SEPTEMBER 21, 1993 the downgrading of the Administrative Assistant II and upgrading of the Secretary III fell through. Therefore, those positions will remain as is. Also with regard to this Fund, Mayor Harmening saw no reason to have any admini- strative personnel at the West Water Treatment Plant. City Manager Miller explained that the addition of this Administrative Assistant I was due to the elimination of her job in Project Management. He further explained that she would create the bumping of an Administrative Assistant I in Risk Management, who is doing an admirable job, and whom City Manager Miller expressed concern about replacing with an Administrative Assistant I who has no comprehension in the field of Risk Management. He pointed out that there are only two employees in that department and there would be no one to train the new Administrative Assistant I. In addition, it would be a long learning process. Mayor Harmening did not think an employee should be added to one department where he or she is not needed, just to keep someone in another department, In response to Vice Mayor Aguila, City Manager Miller stated that John Guidry, the Utilities Director, felt there was a need for additional office management in this division. Vice Mayor Aguila suggested that the Administrative Assistant I assist the Downtown Coordinator which the City plans to hire soon. Motion Vice Mayor Aguila moved to remove the Administrative Assistant I from the Water and Sewer Revenue Fund and transfer her to the Community Redevelopment Fund. Commissioner Katz seconded the motion. Mayor Harmening felt money is going to be wasted on a Downtown Coordinator and now the money that is going to be wasted is going to be doubled. The motion carried 4-1. Mayor Harmening cast the dissenting vote. III, LEGAL (REFERENCE MILLAGE RATE AND BUDGET) A, Proposed Resolution No. R93-144 Re: Adopt Final Millage Rate for Fiscal Year 1993/94 City Attorney Cherof read Proposed Resolution No. R93-144 in its entirety, the title of which is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A FINAL MILLAGE RATE OF 7.9518 MILLS FOR THE CITY'S GENERAL OPERATING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993 AND ENDING SEPTEMBER 30, 1994; PROVIDING THAT THE FINAL MILLAGE RATE OF 7.9518 MILLS IS .57 PERCENT BELOW THE COMPUTED ROLLED-BACK RATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. ' NINUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA SEPTENBER 21, 1993 Notion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-144. Vice Mayor Aguila seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-D. B. Proposed Resolution No, R93-145 Re: Adopt Final Budget for Fiscal Year 1993/94 City Attorney Cherof read Proposed Resolution No. R93-145 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993 AND ENDING SEPTEMBER 3D, 1994; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT OF THE CITY FOR THE ENSUING YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS FOR THE GENERAL FUND; VOTED DEBT SERVICE FUNDS; CAPITAL IMPROVEMENT FUND; PUBLICITY FUND; UTILITIES FUND; VEHICLE SERVICE FUND; SANITATION FUND; LOCAL OPTION GAS TAX FUND; WAREHOUSE FUND; CRA/COMMUNITY IMPROVEMENT FUND; GOLF COURSE FUND; PUBLIC SERVICE TAX BONDS FUNDS; SELF-INSURANCE FUND; MASS TRANSIT FUND AND RECREATION PROGRAM REVENUE FUND; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. The first figure in Section 8 of this resolution was changed to $517,502.00. The figure in Section 14 was changed to $395,686.00, and $29,029,611.00 was plugged into Section 2. Mike Smollen of the Fire Department referred to the projected income from ALS transports in the amount of $180,000.00. He estimated it to be more in the neighborhood of $400,000.00 based on the fact that in less than eight months, income collected from ALS transports was more than $220,000.00, with billing of over $360,000.00. Carrie Parker, Assistant City Manager, referred to Account 424.10 {ALS Transports} and pointed out that this figure has been increased to $300,000.00. In addition, City Manager Miller pointed out that expenses will be incurred trying to col, lect some of the money from ALS transports. Notion Vice Mayor Aguila moved to approve Proposed Resolution No. R93-145, as amended. Mayor Pro Tem Matson seconded the motion, which carried 5-0. C, Ordinance - 1st Reading I. Proposed Ordinance No, 093-37 Ret Adopting the Budget and Setting Appropriations for Fiscal Year 1993/94 City Attorney Cherof read Proposed Ordinance No. 093-37 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993 AND ENDING m MINUTES - REGULAR CITY COMMISSION M£E~iN{ BOYNTON BEACH,, FLORIDA SEPTEMBER 21, 1993 SEPTEMBER 30, 1994; AND SETTING FORTH APPROPRIATIONS FOR THE OPERATION OF THE GOVERNMENT; ESTMATING RECEIPTS FROM TAXATION AND OTHER REVENUE SOURCES FOR THE GENERAL FUND; VOTED DEBT SERVICE FUNDS; CAPITAL IMPROVEMENT FUND; PUBLICITY FUND; UTILITIES FUND; VEHICLE SERVICE FUND; SANITATION FUND; LOCAL OPTION GAS TAX FUND; WAREHOUSE FUND; CRA/COMMUNITY IMPROVEMENT FUND; GOLF COURSE FUND; PUBLIC SERVICE TAX BONDS FUNDS; SELF-INSURANCE FUND; MASS TRANSIT FUND AND RECREATION PROGRAM REVENUE FUND; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Harmening pointed out that there will be no budget for five days, since the second reading of this ordinance will be on October 5, 1993. City Attorney Cherof saw no problem with this. In fact, he felt the ordinance is a redundancy to Resolutions 93-144 and 93-145. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 093-37 on first reading. Vice Mayor Aguila seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. IV. ADMINISTRATIVE A, Acceptance of Board Resignations 1. Marilyn Yorkshire, Alternate, Advisory Board on the Elderly 2. Mervin E. Fischman, M. D., Regular, Children and Youth Advisory Board 3. Joy Currier, Regular, Community Relations Board 4. Ken Johnson, Regular, Planning and Development Board 5. Larry Leathers, Alternate, Recreation and Park Board Morton Commissioner Katz moved to accept all board resignations. Vice Mayor Aguila seconded the motion. Mayor Pro Tem Matson requested the maker of the motion to amend his motion to accept all board resignations accept the resignation of Joy Currier. Mayor Pro Tem Matson would like Ms. Currier to rescind her letter of resignation because she feels Ms. Currier is an asset to the Community Relations Board and it would be a detriment to the City to lose her. Commissioner Walshak pointed out that Ms. Currier's resignation has already been tendered. The motion carried 4-1. Mayor Pro Tem Matson cast the dissenting vote. MINUTES - REGULAR CITY COMHISSION ME£T~HG · BOYHTON BEACH, FLORIDA SEPTEMBER 21, 1993 B. Board Appolnt~nents Appointment Reg/ Length of Term to be Made Board Alt Expiration Date ! Katz Cemetery Board Alt Iyr tem to 4/94 TABLED Mayor Harmening Bldg. Bd. of Adj. & Appeals Alt Term expires 4/94 TABLED II! Aguila Code Enforcement Board Reg Term expires 9/94 TABLED II Walshak Code Enforcement Board Alt ! yr term to 9/94 TABLED III Aguila Elderly Advisory Board Alt Term expires 6/94 TABLED Mayor Harmening Elderly Advisory Board Alt Term expires 6/94 I Katz Children and Youth Adv. Bd. Reg Term expires 4/95 II Walshak Community Relations Board Reg Term expires 4/94 III Aguila Planning and Development Board Reg Term expires 4/94 IV Matson Recreation and Park Board Alt Term expires 4/94 Motion Commissioner Katz moved to remove all the tabled appointments from the table. Commissioner Walshak seconded the motion, which carried 5-0. Commissioner Walshak appointed Ooy Currier as a regular member of the Community Relations Board, without objection. All other appointments were placed on the table. C, Authorization to bid Vehicle Emission Capture Systems for Stations #1 and #2.,............................,...............,......,.,.TABLED City Manager Manger requested that this item be left on the table. He is in receipt of two proposals and is expecting the third one shortly. V, CONSENT AGENDA A. Minutes 1, Ootnt Community Redevelopment Agency and Community Redevelopment Advisory Board Minutes of August 5, 1993 Mayor Pro Tem Matson requested that the discussion regarding the Downtown Development Coordinator not being a resident of the City nor having any ties to the City be included in these minutes. Vice Mayor Aguila pointed out that the word "bachelors" is misspelled on page 2. 2. Regular City Commission Minutes of September 7, 1993 Commissioner Katz distributed Section 2-I1 of the Boynton Beach City Code and a portion of Robert's Rules of Order concerning expungement of minutes from the record, and requested that the comments of Robert Cloutier, Teresa Croscup, -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2Z, 1993 Crystal Jones and Ron Cloutier be struck from these minutes. He stated that he was not previously aware of this section of the code and apologized to Commissioner Walshak for allowing a personal attack to go on during a Commission meeting. Commissioner Katz read a portion of Section 2-11. Mot I on In accordance with Robert's Rules of Order concerning the rescinding and expunging from the minutes, Commissioner Katz moved to strike the comments of Robert Cloutier, Teresa Croscup, Crystal Jones and Ron Cloutier from the August 5, 1993 minutes of the City Commission meeting. Vice Mayor Aguila seconded the motion. Amended Motion Mayor Pro Tem Matson moved to remove all the comments pertaining to this subject matter (page 11 entirely). Vice Mayor Aguila seconded the motion, which carried 5-0. The original motion also carried 5-0. 3, Budget Public Hearing Minutes of Sept~er 10, 1993 No corrections were made to these minutes. B, Bids - Recormmnd Approval - All Expenditures are Approved in the 1992/93 Adopted Budget 1, Annual Supply of Sodium Hydroxide {Sole Source) The Tabulation Committee recommended awarding this bid to Ashland Chemical of Miami, Florida, in the amount of $.07625 for an expected annual cost of $6,680. This bidder was the lowest, most responsive, responsible bidder who meets al 1 specifications. 2, High Efficiency Chiller Purge System for the City Hall Complex The Tabulation Committee recommended awarding this bid to Inscho-Kirlin Mechanica) Service of West Palm Beach, Florida, in the amount of $10,052. This bidder was the lowest, most responsive, responsible bidder who meets all speci- fications. 3. Annual Contract for Cleaning Chemicals and Janitorial Supplies The Tabulation Committee recommended awarding this bid to various vendors. The award of this bid was based on the lowest, most responsive, responsible bidder for each item. All awarded vendors met the required specifications. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1993 C. Approval of Bills A copy of these bills is attached to-the original minutes of this meeting on file in the)City Clerk's Office. D, Payment of Bills - August, 1993 A copy of these bills is attached to the original minutes of this meeting on file in the ~City Clerk's Office. E, ~prove Request for Disinterment - Cemetery Lot 11 Block O, Boynton Beach Memorial Park Per City Clerk Sue Kruse's Memorandum 93-121, Louise Lewis requested permission to disinter her husband, Pat O'Brien Lewis, from cemetery Lot 11, Block J, to be interred in Mt. Pisgah Cemetery. F. Receive and File Departmental Activity Reports The original Departmental Activity Reports are on file in the City Clerk's Office. Motion Mayor Pro Tem Matson moved to approve the Consent Agenda and all administrative acts as corrected. Vice Mayor Aguila seconded the motion, which carried 5-0. AT 7:10 P. M:., MAYOR HARMENtNG DECLARED A RECESS. THE MEETING RESUMED AT 7:19 VI. ANNOUNCEMENTS AND PRESENTATIONS A. Announcements 1~ Animal Shelter Dedication Ceremony - Friday, September 24, 1993, 10:00 A. M. Mayor Harmening made this announcement and advised that this re-dedication of the animal shelter will be held at the animal shelter in memory of the recently deceased animal warden, Dolores Duenser. He invited all to attend. 2, Proclamations a) Florida City Government Week - October 3-9, 1993 Mayor Harmening read a proclamation declaring the week of October 3, 1993 as Florida CityiGovernment Week. NINUTES - REGULAR CITY COMMISSION MEETING ...... BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1993 b) Fire Prevention Week - October 3-9, 1993 Mayor Harmening read a proclamation declaring the week of October 3, 1993 as Fire Prevention Week, 3. Special City Commission Meeting - September 23, 1993 at 6:00 P. M. Mayor Harmening made this announcement. This meeting will be held in Commission Chambers at City Hall for the purpose of interviewing engineering firms regarding the City Hall HVAC System, An update regarding the Finizio lawsuit will also be given. 4, Impasse Hearlng (Wages) - International Brotherhood of Firemen & Otlers- October 6, 1993 at 6.30 P, M, Mayor Harmening announced this hearing. It is to be held in Commission Chambers at City Hall. VII, BIDS None. VIII. PUBLIC NEARING None. IX, PUBLIC AUDIENCE Davld Scott Floertng, 2616 N. E. 3rd Street, felt the firefighters work pretty hard for their pay and deserve more respect than they are getting. He felt the City should consider promoting from within if there are qualified individuals in the Fire Department. Mike Smollen, a paramedic in the Fire Department and President of the Fire- fighters Union, stated that the Fire Department is protesting in front of City Hall tonight to let the citizens of Boynton Beach know what City Administration is doing to the Fire Department. He stated that more benefits are going to be stripped from their contract, one of which is educational incentive. In addi- tion, when the Deputy Chief's position was open and there were a few employees who should have been able to take the test, City Manager Miller said the Civil Service Rules had to be strictly followed. However, now that the Fire Chief's position is becoming open, the rules have been changed and a requirement was added that one must be a graduate of the National Fire Academy. This is not in the Civil Service Rules. Mr. Smollen stated that some of these men have worked for twenty years to train themselves for this position and that nobody can rise to the top in this Department. Mr. Smollen believes the citizens want a strong fire department and felt the actions of the City Commission, City Administrat- -8- MINUTES - REGULAR CITY COMMISSION MEEY~N~ BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1993 tion, and City Manager are hurting the morale of the employees and the .oppor- tunity to attract good people to this Fire Department. Vtnce Finlzlo stated that in 1989, City Administration modified the job descrip- tion of the position he was soon to get by inserting the qualifications of a PE to exclude him from obtaining that position. He felt the same tactics are being used on the Fire Department. By inserting qualifications necessary to cull out the firefighters, City Administration is obstructing the rights of the fire- fighters who are qualified. Henrietta Solomon, 230 N. E. 26th Avenue, asked the City Commision if they are the regulators of the cable industry. Mayor Harmening advised her that the City Commission does not regulate the cable industry; however, they will probably be regulating basic cable in the near future. Ms. Solomon informed the Commission of a huge bus parked on 23rd Avenue and 2nd Court. She suspects people are living in it. Police Chief Thomas Dettman will have the Code Enforcement Unit check this out in the morning. No one else wishing to speak, Mayor Harmening declared Public Audience closed. X, DEVELOPMENT PLANS None. XI, NEW BUSINESS A, Items for Discussion Requested by Vice Mayor Aguila 1. Recognition of Motorola'$ Contribution to the Community Vice Mayor Aguila stated that Motorola is a good neighbor and felt the City should officially do something to thank them. He requested permission to pre- sent a proposal at the next Commission meeting. Mayor Harmening pointed out that the City is going to be making a contribution of approximately $1,000.00 in terms of manpower, etc. to the biathlon which Motorola is sponsoring in March of 1994. Vice Mayor Aguila still wished to present a plan of action at the next meeting. 2, Captain Frank's Seafood Vice Mayor Aguila stated that Mr. Parsons, owner of Captain Frank's Seafood, appeared before the City Commission almost two years ago requesting relief from some site plan improvements, which the City Commission denied. To date, those improvements have not been completed. Vice Mayor Aguila asked City Attorney Cherof what recourse the City has. City Attorney Cherof advised that the per- mits which Mr. Parsons was operating under to complete the improvements on the property which have not yet resulted in a Certificate of Occupancy are part and parcel to the other improvements with respect to landscaping. If the City HIHUTE$ - REGULAR CITY COI~IIS$IOIJ IIEE~iiJG ~_ BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1993 wishes, it can condition the extension or renewal of those permits and the with- holding of a Certificate of Occupancy conditioned upon those things being done. In response to Vice Mayor Aguila, it was City Attorney Cherof's opinion that the City does not have the legal authority to hold back the Occupational License. He stated that Mr. Parsons can continue to use the original property that he received the Occupational License for; however, he cannot use the new structure in conjunction with that business. The new structure can be red tagged if the permitted items are not yet complete. Don Jaeger, Building Official, stated that the site permit has expired; however, the building addition permit is still valid. According to the code, as long as an inspection is perforemd every six months, the permit stays valid. Mr. Jaeger advised that Mr. Parsons had an inspection the first week of this month. Vice Mayor Aguita asked City Attorney Cherof if the Code of Ordinances could be amended to iavoid situations like this. City Attorney Cherof advised that the code can b~ amended to expedite the type of work that Mr. Parsons should have done but hals not done yet, such as requiring inspections within a certain period of time. Viice Mayor Aguila asked to see City Attorney Cherof's recommendations in writing. Vice Mayor Aguila stated that the last drawing submitted by Mr. Parsons was terribly confusing. Therefore, one of the conditions of approval was that he redraw the site plan as per the approval and resubmit it. Vice Mayor Aguila would like to make sure that when 'Mr. Parsons returns to renew the site plan, that i.t is drawn clearly and legibly. Mr. Jaeger stated that the variance was denied; however, conditions were put on the denial by the City Commission. In light of th~s, he wondered if the City can now require Mr. Parsons to redo the site plan conditioned upon comments made on the denial of the variance, since at one point he had a valid site plan. Vice Mayor Aguila stated that he was concerned about all projects of this nature where nothihg is being done. Mr. Jaeger mentioned a couple of alternatives to compel Comp)etion of construction of abandoned projects. He advised that the City could require a bond up front and then complete the project if necessary, or cite the owner and lien the property. B, Request Extending Tare Landscaping Contract on a Week-to-Week Basis City Manager Miller advised that the bids are being worked on and, hopefully, the bid will be awarded at the October 19, 1993 City Commission meeting. Vice Mayor Aguila stated that he received all the information he requested from the City Manager and met with Charles Frederick, Recreation and Parks Director. Vice Mayor Aguila said some unkempt areas he thought were within the City are not eve~ in our jurisdiction. He also stated that Mr. Frederick explained many items in the contract to him and he now realizes that Tare Landscaping is not mulching, fertilizer, etc., because the Recreation and Parks Department does not 10- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1993 have enough money in their budget to allow them to do all the things the con- tract required. However, Tare Landscaping has not been doing a good job with the medians and weeding and they are still cutting the grass and dumping it in the right-of-way, which Mr. Frederick is working on. Motion Vice Mayor Aguila moved to maintain the Tare Landscaping contract on a week to week basis as necessary. Mayor Pro Tem Matson seconded the motion, which carried 5-0. C, Items for Discussion Requested by Mayor Pro Tem Hatson 1. Two Hundred Foot Distance Drug-Free Zone Signs at Hester Center Mayor Pro Tem Matson stated that approximately one and a half years ago, upon the recommendation of the North Boynton Task Force, the City Commission voted to place signs at Hester Center, designating Hester Center as a two hundred foot drug-free zone. These signs were to be purchased from confiscated funds. To date, these signs have not yet been installed. Chief Dettman will have the signs installed. 2. Florida League of Cities Legislative Conference Mayor Pro Tem Matson advised the City Manager, the City Attorney, all the department heads, and the members of the Commission to give her any resolutions they would like lobbied next year and she will filter them to the appropriate League committees. In October, the committees will be making their policy statements for 1994 and presenting them to the Governor and the State Legisla- tors at the Legislative Conference in November. D, Designation of City Representative{s) to the Palm Beach County Intergovernmental Coordination Task Force Motion Mayor Pro Tem Matson moved to nominate Mayor Harmening as the representative to the Palm Beach County Intergovernmental Coordination Task Force. Vice Mayor Aguila seconded the motion, which carried 5-0. Motion Commissioner Katz moved to nominate Mayor Pro Tem Matson as an alternate repre- sentative to the Palm Beah County Intergovernmental Coordination Task Force. Vice Mayor Aguila seconded the motion, which carried 5-D. 11 - MINUTES - REGULAR CITY COHNIS$ION HEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1993 E. Items for DIscussion Requested by C~nts=loner Katz Z. Flnlzlo vs. the Ctty of Boynton Be=ch Commissioner Katz asked why Mr. Finizio has not been paid his check as per the Court Judgment and who has directed Mr. Vance to continue to file motions on behalf of the City, City Manager Miller advised that one of the two checks contained deductions for Federal taxes and Social Security, which City Attorney Cherof, Attorney Jim Vahce, and Mark Raymond determined had to be deducted after reading the Court Order. In response to Vice Mayor Aguila regarding seeking an opinion from the regional and national branches of the Internal Revenue Service, Grady Swarm, Finance Director, advised that the regional office of the IRS will not make a commitment over the telephone. They require a letter from an attorney and it could take six to eight weeks to receive a response. Commissioner Walshak pointed out that the last paragraph of Mr. Raymond's letter states that under the scenario presented to him o~er the telephone by City Manager Miller, withholding probably had to be paid, however, the judge did no~ break it down. Commissioner Walshak also pointed out that City Attorney Ch~rof disqualified himself and should not be part or parcel to this matter. Inl~ddition, at the hearing this morning, the judge denied the Motion to Compel Mr. Finizio to take the checks or apply them to the Court's register. Co~nmissioner Walshak stated that since August 28, 1993, the taxpayers of the Ci y are paying 12 percent and will continue to do so until Mr. Finizio is paid. He referred to tax attorney Mike Tannenbaum's letter which states that the City sh ~td give Mr. Finizio the entire amount. Commissioner Walshak stated that the Ci will still be paying $100,941.37, whether or not part of it is paid to the government. He felt the City should pay Mr. Finizio to prevent incurring interest and additional legal fees. Mayor Pro Tem Matson felt this would be ci-cumVenting the IRS. Commissioner Katz stated it was Mr. Finizio's responsi- bility to pay the taxes. Mayor Pro Tem Matson stated that when Mr. Finizio was hi*ed, he signed a paper requesting the City to take ta~es out of his checks. If the City pays him the entire amount, what will stop him from accusing the City of not taking out the taxes and making them pay them in April. Ma~or Harmening pointed out that Mr. Tannenbaum's letter states that Section 24 2 of the Internal Revenue Code requires every employer making payment of wa es to deduct and withhold income taxes upon such wages. In addition, there is~ ~nother section of the Internal Revenue Code that will hold the employer responsible in some instances for payment of taxes in which the employer does no~ collect or does not remit the taxes to the IRS. City Attorney Cherof suggested the Commission ask Mr. Tannenbaum to direct his opinion to the City ~o that the City may rely upon it. Then if Mr. Tannenbaum islwrong and there is liability to the City, the City ~ill have recourse against - 12 MINUTES - REGULAR CITY COI~IISSION MEETING - BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1993 him. Mr. Finizio stated that Mr. Tannenbaum will not take on legal liability. Mayor Harmening felt there would be a conflict of interest if Mr. Tannenbaum is asked to direct his opinion to the City, since he is working for Mr. Finizio. City Attorney Cherof advised that it is not unusual for an attorney to render an opinion which can be relied upon by people other than his client. Mr. Finizio wondered how the City can withhold taxes when it does not know how much of the $100,085.00 is wages. He stated that this was a lump sum award and under the income tax laws, that money is going to be exempt. Vice Mayor Aguila asked Mr. Finizio if the City gives him the entire money, will he indemnify the City if it is determined that the City should not have given him the entire amount. Mr. Finizio said he would indemnify the City only for the deduction portion of it, Mayor Harmening wondered how much it is going to cost to collect it, if the City could collect it, Mr. Finizio stated that Mr. Raymond rendered a legal opinion to the City Manager that cautioned him about withholding monies because the Court did not specify what part of the judgment was wages. Commissioner Walshak asked if City Attorney Cherof would request the City Commission to instruct the City Manager to end this matter if Mr. Tannenbaum were to agree to direct his opinion to the City. City Attorney Cherof assumed that Mr. Tannenbaum is a deep pocket, based upon Commmissioner Walshak's description of him. If he is in fact a deep pocket and the City could rely upon his opinion and be comfortable that if he is wrong the City will be able to collect from him, City Attorney Cherof said it would be his recommendation to pay Mr. Finizio the full amount of money. However, City Attorney Cherof said he does not know Mr. Tannenbaum so he does not know if he is a deep pocket or if he has malpractice insurance or anything else about him, and his opinion is only as good as those things. Mayor Harmenin§ pointed out that as part of the final judgment, the plaintiff was supposed to render the City a full and complete release. However, the release the City received was not a full and complete release. It was only a release from 1989 backwards and not 1989 forward. H~rryM~rcu$, 650 Horizons East, suggested that City Attorney Cherof seek the opinion of the Chief Counsel of the Internal Revenue Service in Washington. City Attorney Cherof said he will not ask for that opinion from IRS since he had received many threatening memos from Mr. Finizio about getting involved in this case, Motion Commissioner Walshak moved to direct City Attorney Cherof to instruct Attorney James Vance to seek an opinion from the Chief Counsel of the Internal Revenue Service in Washington. Mayor Pro Tem Matson seconded the motion. - 13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEHBER 21, 1993 Vice Mayor Aguila stressed that he did not want this matter revisited or the merits of this case redebated. Attorney Vance should only relate the facts to the Chief Counsel regarding the judgment and advise the City Commission whether or not taxes have to be withheld. The motion carried 5-0. City Attorney Cherof received the Commission's permission to add this matter to the agenda for the special meeting on Thursday, September 23, 1993 to update the Commission. 2, Intersection of S. W, 23rd Avenue and S. W. 11th Street - the Entrance to Golfvlew Harbour Commissioner Katz said he received a number of calls requesting a left-hand turn lane at this intersection. He would like Engineering to review this matter and report back to the Commission. Mayor Harmening advised him that the County Engineering Department is already in the process of upgrading this intersection, in addition to the one at Seacrest Boulevard and 23rd Avenue, at his request to two of the County Commissioners..This process was started approximately five months ago. Commissioner Katz requested that status be checked and find out what it would take to get it done as soon as possible. XII. LEGAL A, Ordinances - 2nd Reading - Public Hearing 1, Proposed Ordinance No, 093-33 Re: Proposed Rate Schedule for Fiscal Year 1993/94 Sanitation Rates City Attorney Cherof read Proposed Ordinance No. 093-33 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 10, GARBAGE, TRASH AND OFFENSIVE CONDITIONS, ARTICLE II, SECTION 10.29 RATES AND CHARGES FOR CITY SERVICES OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, TO AMEND RATES AND CHARGES FOR RESIDENTIAL AND COMMERCIAL CUSTOMERS; ESTABLISH RATES FOR EXTRA PICK-UPS; ESTABLISH RATES FOR COMMERCIAL RECYCLING SERVICE; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER i0 NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. No one wishing to speak in favor of or against this ordinance, Mayor Harmening declared the public hearing closed. ~-~ Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 093-33 on second and final reading. Vice Mayor Aguila seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. - 14 MINUTES - REGULAR CITY COI~IISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1993 Mayor Harmening commented that it is always a pleasure to lower rates. 2, Proposed Ordinance No. 093-34 Re~ Amend Chapter 16 Parks and Recreation, Sectton 16-82 Providing for an Increase In Fees for Temporary Parking Permits at Oceanfront Park City Attorney Cherof read Proposed Ordinance No. 093-34 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER I6. PARKS AND RECREATION, SECTION 16-82, PROVIDING FOR AN INCREASE IN FEES IN POLICY NO. 3, TEMPORARY PARKING PERMITS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. No one wishing to speak in favor of or against this ordinance, Mayor Harmening declared the public hearing closed. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 093-34 on second and final reading. Vice Mayor Aguila seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 3. Proposed Ordinance No. 093-35 Re= Amend Chapter 2 Administration, Section 2-18, Providing for an Increase in the Returned Check Charge in Compliance with Florida Statute 166,251 City Attorney Cherof read Proposed Ordinance No. 093-35 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2. ADMINISTRATION, SECTION 2-18 TO PROVIDE FOR AN INCREASE IN THE RETURNED CHECK CHARGE IN COMPLIANCE WITH FLORIDA STATUTE 166.251; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. No one wishing to speak in favor of or against this ordinance, Mayor Harmening declared the public hearing closed. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 093-35 on second and final reading. Commissioner Katz seconded the motion. Mayor Harmening felt that by increasing the return check charge from $15.00 to $20.00, the City is going to put the guy who is already in a hole into the hole a little deeper, A roll call Vote was polled by the City Clerk. The motion carried 5-0. 15- MINUTES - REGULAR CITY COHHISSIOH HEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1993 4, Proposed Ordinance No, 093-35 Re: Amend Chapter 14 Motor Vehicles and Traffic, Section 14-3, Clarifying Weight Restrictions for Motor Vehicle Parking City Attorney Cherof read Proposed Ordinance No. 093-36 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON 8EACH, FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES, MOTOR VEHICLES AND TRAFFIC. TO PROVIDE FOR AMENDMENT OF SECTION 14-3 CLARIFYING WEIGHT RESTRICTIONS FOR MOTOR VEHICLE PARKING; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. No one wishing to speak in favor of or against this ordinance, Mayor Harmening declared the public hearing closed. Motion Vice Mayor Aguila moved to approve Proposed Ordinance No. 093-36 on second and final reading. Commissioner Katz seconded the motion. Mayor Harmening felt the City is going to hear complaints about this from citi- zens. A roll call vote was polled by the City Clerk. The motion carried 3-2. Mayor Harmening and Mayor Pro Tem Matson cast the dissenting votes. B, Ordinances - 1st Reading 1, Proposed Ordinance No. 093-3B Re: Repeal of Ordinance No. 093-21 Regulating Picketing, Parades, Demonstrations, Block Parties and Large Events in the City of Boynton Beach City Attorney Cherof read Proposed Ordinance No. 093-37 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH BY DELETING ORDINANCE NO. 093-21 IN ITS ENTIRETY; PROVIDING FOR CONFLICTS, SEVERABILITY CODIFICATION AND AN EFFECTIVE DATE. ' Motion Vice Mayor Aguila moved to approve Proposed Ordinance No. 093-37 on first reading. Mayor Pro Tem Matson seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 3-2. Commissioners Walshak and Katz cast the dissenting votes. MAYOR HARMENING DELCARED A RECESS AT 8:28 P. M. THE MEETING RESUMED AT 8:37 P. M. - 16- MINUTES - REGULAR CITY COHMI$$ION MEET]*NG BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1993 Mayor Harmening announced that at the request of City Manager Miller, XII.C.13 will be heard next in order to accommodate some people in the audience. C. Resolutions 13. Proposed Resolution Ho, R93-158 Re: Ftnal Plat Approval for Lawrence Grove Plat 2 (Lawrence Road, East Side of Rlght-of-We~v, Midpoint Between FCvpoluxo Road and Gateway Boulevard) City Attorney Cherof read Proposed Resolution No. R93-158 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR LAWRENCE GROVE, PLAT NO. 2, A P.U.D., LYING IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Walshak moved to approve Proposed Resolution No. R93-158. Mayor Pro Tem Matson seconded the motion. ..... Harry Benoit, City Engineer, assured the City Commission that all of the rele- vant City Departments have reviewed this plat and found it in compliance with the Code of Ordinances. He recommended its approval. The motion carried 5-0. 1. Proposed Resolution No. R93-146 Re: Authorize Execution of Contract wtth Dr. ~ames Oenson Goa~ln, M. O. to serve as the Ctty's Medlcal Director for Emergency Medical Services City Attorney Cherof read Proposed Resolution No. R93-[46 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN EMERGENCY MEDICAL SERVICE DIRECTOR CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND JAMES DENSON GODWIN, M, D., WHICH CONTRACT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Notion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-146. Vice Mayor Aguila seconded the motion, which carried 5-0. 2. Proposed Resolution No. R93-147 Re: Renaming of Animal Shelter to Dolores M. "Oodle" Ouenser Animal Shelter City Attorney Cherof read Proposed Resolution No. R93-147 by title only: - 17- MIHUTE$ - REGULAR CITY COMMI$$IOH MEETING _._ BOYNTOH BEACH, FLORIDA SEPTEMBER 21, 1993 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RENAMING THE BOYNTON BEACH ANIMAL SHELTER AS THE DOLORES M. "DODIE" DUENSER ANIMAL SHELTER; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Katz moved to aprove Proposed Resolution No. R92-147. Mayor Pro Tem Matson seconded the motion, which carried 5-0. 3, Proposed Resolution No, R93-148 Re: Authorize Execution of Contract Between the City of Boynton Beach and Palm Beach Community College Reference Paramedic Students Internship Time City Attorney Cherof read Proposed Resolution No. R93-148 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE DISTRICT BOARD OF TRUSTEES OF THE PALM BEACH COMMUNITY COLLEGE AND THE CITY OF BOYNTON BEACH, PROVIDING FOR THE CLINICAL INTERNSHIP OF PARAMEDIC STUDENTS; AND PROVIDING AN EFFECTIVE DATE. Motion Vice Mayor Aguila moved to approve Proposed Resolution No. R93-148. Mayor Pro Tem Matson seconded the motion, which carried 5-0. 4, Proposed Resolution No, R93-149 Re: Approve Proposed Rate Schedule for Municipal Golf Course for Ftscal Year 1993/94 City Attorney Cherof read Proposed Resolution No. R93-149 by title only' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING AND APPROVING AN ADJUSTED FEE SCHEDULE FOR THE BOYNTON BEACH MUNICIPAL GOLF COURSE; AND PROVIDING AN EFFECTIVE DATE. Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-149. Vice Mayor Aguita seconded the motion. Amended Motion commissioner Katz moved to reconsider giving the employees a 50 percent discount at the Golf Course and tennis courts. Commissioner Walshak seconded the motion, which failed 2-3. Mayor Harmening, Vice Mayor Aguila and Mayor Pro Tem Matson cast the dissenting votes. The original motion carried 4-1. Commissioner Katz cast the dissenting vote. - t8- HINUTES - REGULAR CITY COHHISSION HEETiNG .... BOYNTON BEACH, FLORIDA SEPTEHBER 21, 1993 5. Proposed Resolution No. R93-150 Re: Approve the Revenue Pollcy Hanual and ProposedAdJusted Fee Schedule for Recreation and Parks for Ftscal Year 1993/94 City Attorney Cherof read Proposed Resolution No. R93-[50 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOR[DA, AMENDING RESOLUTION NO. R9[-[6[, TO APPROVE THE REVENUE POLICY HANUAL AND ADJUSTED FEE SCHEDULE; AND PROVIDING AN EFFECTIVE DATE, Hotlon Vice Mayor Aguila moved to approve Proposed Resolution No. R93-I50. Mayor Pro Tam Matson seconded the motion. Commissioner Katz thanked Charles Frederick, Director of Recreation and Parks, for getting Forest Park in tiptop shape. Commissioner Katz was opposed to raising the rates of the theatre classes so high. He felt the City is going to drive itself out of the market and stated that people can participate directly with the Little Palm Theatre at the mall for the same amount of money with better amenities. Melody Green, Recreation Superintendent, advised that the City's classes are still less expensive than those offered at the mall. She explained that the fees range from $80.00 to $160.00, depending on the length of the class one chooses. Classes range from six to twelve weeks. She stated that this is really not a significant increase. It is a slight increase based on what the Little Palm Theatre charges to teach the classes. Mr. Frederick stated that the option is to get them to reduce the rates or to find another organization to teach the classes. Commissioner Katz stated that the fee for arts and crafts has also increased; hence, less people are attending. He felt this was due to a lack of funds in the budget. Mr. Frederick stated that like Commissioner Katz, he too is concerned about overpricing and marketing and is keeping an eye on that. Con,missioner Katz suggested that the Little Palm Theatre be reminded that the City did mot charge them for the use of the Civic Center. Mayor Pro Tem Matson commended Mr. Frederick and Ms. Green for doing a wonderful job on their reports for the budget hearing. The motion carried 5-0. .... 6. Proposed Resolution No, R93-151 Re: Authorize Execution of Contract Between the City of Boynton Beach and Coca Cola Bottling Company for the Provision of a Nevco Scoreboard for Hester Community Center 19- I*INUTES - REGULAR CITY COI~ISSION MEETIN~ BOYNTON BEACH, FLORIDA SEPTEHBER 21, 1993 City Attorney Cherof read Proposed Resolution No. R93-151 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND COCA COLA BOTTLING COMPANY OF RIVIERA BEACH, FLORIDA, WHICH AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-151. Commissioner Katz seconded the motion. In response to Vice Mayor Aguila, Mr. Frederick advised that installation, per- mitting and operation will be paid for out of the Hester Equipment Account. The motion carried 5-0. 7, Proposed Resolution No, R93-152 Re: Adopt Pay Plan for FIscal Year 1993/94 and Adopt ~ob Descriptions City Attorney Cherof read Proposed Resolution No. R93-152 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND APPROVING A PAY PLAN AND PAY MATRIX "A" FOR THE 1993/94 FISCAL YEAR FOR GENERAL EMPLOYEES; AUTHORIZING AND APPROVING PAY MATRIX "B" FOR POLICE UNIONS; AND PROVIDING AN EFFECTIVE DATE. With respect to the exhibits attached to this resolution, City Attorney Cherof pointed out that the pay matrix which are set forth as they affect employees who are members of bargaining units are subject to negotiation and will be unaf- fected by the adoption of this resolution. City Attorney Cherof also pointed out that on page 2 of the pay plan is the con- tinuance of language from last year. Such language is as follows: "Per Resolution R93-152 there will be no anniversary increases given in the fiscal year of 1993/94; there will be no advancements to the next step in the pay matrix; all increases are frozen except for promotions." I~otJon Vice Mayor Aguila moved to approve Proposed Resolution No. R93-152. Mayor Pro Tem Matson seconded the motion. Commissioner Walshak stated that it has been in the newspapers that the position of Deputy Fire Chief is primarily one of administration. He pointed out that the job description of the Deputy Fire Chief is operational. 20 - MINUTES - REGULAR CITY COMMISSION MEETING ,_ BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1993 The motion carried 3-2. Commissioners Walshak and Katz cast the dissenting votes. 8. Proposed Resolution No, R93-153 Re: Authorize Execution of Interlocal Agreement Between the City of Boynton Beach and the School Board of Palm Beach County for Mutual Use of Recreation Facilities City Attorney Cherof read Proposed Resolution No. R93-153 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA FOR MUTUAL USE OF RECREATION FACILITIES, WHICH AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Hotlon Vice Mayor Aguila moved to approve Proposed Resolution No. R93-153. Commissioner Katz seconded the motion, which carried 5-0. 9. Proposed Resolution No, R93-154 Re: Authorize Execution of a Contract with the Children's Services Counct1 for Latchkey Afterschool Program for Fiscal Year 1993/94 City Attorney Cherof read Proposed Resolution No. R93-154 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE HAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY, FOR THE LATCHKEY AFTERSCHOOL PROGRAM FOR THE 1993/94 FISCAL YEAR; AND PROVIDING AN EFFECTIVE DATE. Norton Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-154. Vice Mayor Aguila seconded the motion, which carried 5-0, 10, Proposed Resolution No. R93-155 Re: Authorize Execution of Easement Deed to Lake Worth Drainage District (L,W,D,D,) Regarding the Required Right-of-Way for the District's Equalizer Canal No, 3 (West Water Treatment Plant) City Attorney Cherof read Proposed Resolution No. R93-155 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT DEED TO LAKE WORTH DRAINAGE DISTRICT {L.W~D.D.) FOR A TWENTY FOOT WIDE AREA ON THE - 2I MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1993 SOUTH SIDE OF THE WESTERN WATER TREATMENT PLANT; AND PROVIDING AN EFFECTIVE DATE. Motion vice Mayor Aguila moved to approve Proposed Resolution No. R93-155. Mayor Pro Tem Matson seconded the motion, which carried 5-0. 11. Proposed ResolutionNo. R93-156 Re: Authorize Execution of Contract Between the City of Boynton Beach and GE Modular Space Corporation Reference Leasing Trailer as an HRS Temporary Facility City Attorney Cherof read Proposed Resolution No. R93-156 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE QUOTATION FROM GENERAL ELECTRIC CAPITAL CORPORATION {G.E.) AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND GENERAL ELECTRIC CAPITAL CORPORATION {G.E.}; AND PROVIDING AN EFFECTIVE DATE. City Manager Miller asked that a condition be made to this resolution, subject to an HRS lease. Motion Vice Mayor Aguila moved to approve Proposed Resolution No. R93-156 subject to an HRS lease. Mayor Pro Tem Matson seconded the motion. Commissioner Katz wanted assurance that the City is not incurring any costs other than providing the actual plot. The motion carried 5-0. City Manager Miller informed the Commission that the individual the City has been dealing with has been transferred. Therefore, the City will be working on the lease with another representative of HRS. 12, Proposed Resolution No, R93-157 Re: Authorize Execution of MaintenanceAgreement Between the City of Boynton Beach and CPT of South Florida, Inc. for Computer Equipment Located in the City Clerk's Office City Attorney Cherof read Proposed Resolution No. R93-157 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 MAINTENANCE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CPT OF SOUTH FLORIDA, INC., 22- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1993 WHICH AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Notion Vice Mayor Aguila moved to approve Proposed Resolution No. R93-157. Commissioner Walshak seconded the motion, which carried 5-0. 13. Proposed Resolution No. R93-158 Re: Final Plat Approval for Lawrence Grove Plat 2 (Lawrence Road, East Side of Right-of-Way, Midpoint Between Hypoluxo Road and Gateway Boulevard) This item was disposed of earlier in the meeting. 14, Proposed Resolution No. R93-159 Re: Requesting the Inclusion of Miner Road in the Palm Beach County Pathway Program City Attorney Cherof read Proposed Resolution No. R93-159 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING THE INCLUSION OF MINER ROAD IN THE PALM BEACH COUNTY PATHWAY PROGRAM. Mayor Harmening stated that the Palm Beach County Pathway Program was discussed at the MPO. The County is trying to transfer some excess funds from dormant areas to put into pathways. Therefore, there is a good chance that Miner Road will be included in the Palm Beach County Pathway Program. Mayor Pro Tem Matson hopes they do a better job than they did on Miner Road from Congress Avenue to High Ridge Road. She pointed out that this sidewalk ends in the middle of the block and hopes they finish that before they start on the other side. Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-159. Commissioner Walshak seconded the motion, which carried 5-0. D, Other None. XIII. OLD BUSINESS A, Report on Clean It or Lien It Program Mayor Pro Tem Matson asked for City Attorney Cherof's opinion regarding the legality of Lake Worth's Clean It or Lien It Program. City Attorney Cherof advised that he compared ordinances of different cities with the same type of intent and was of the opinion that the City of Boynton Beach can compel property 23- MINUTES - REGULAR CITY COMMISSION MEETING _ ~ BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1993 owners to maintain their property and that the City can collect fines in associ- ation with their failure to do so. Mayor Pro Tem Matson felt the City needs to take an aggressive stance about how the neighborhoods look. If not, they will deteriorate even more. Commissioner Katz pointed out that some people may not have been able to paint their houses or take care of their lawns because they have been out of work for several months. Mayor Pro Tem Matson pointed out that many of the houses in the north end are owned by people who own three to five units and the people who live in them are renters. She said it is ultimately the responsibility of the owner and the City Commission and Code Enforcement are remiss in their duties in not making sure that this City looks decent. City Manager Miller reminded the Commission that approximately three years ago there was a Land Development Regulation based on the Housing Code, and at that time it was determined that the City did not want to get involved with this. Mayor Pro Tem Matson stated that she saw six vehicles with "for sale" signs on them in front of one house. With regard to numerous vehicles parked at one residence, Joan Mormelo, Code and License Inspector, advised the Commission that Code Enforcement, in collaboration with the Police Department, runs the tags to make sure they are owned by the people residing at that address. If the vehicles are being sold at that address, the owner is cited. Mayor Harmening stated that the City needs to talk to the owners of the large vacant traat at the southeast corner of Woolbright Road and Congress Avenue about posting that property with "no trespassing", "no parking", and "vehicles will be towed immediately" signs. Inspector Mormelo advised the Commisison that Lake Worth's Clean It or Lien It Program deals with trash, debris, and dense growth. Boynton Beach has a more comprehensive code and Code Enforcement is effectively citing property owners and informing tenants to remove trash, debris, and dense growth. If the property owners do not comply, it is accomplished by the Parks Department and the owner is billed. If the owner does not pay the bill, a lien is placed on the property. Mayor Pro Tem Matson stated that if Code Enforcement feels the ordinances need to be changed to make their job easier and im rove the community, they should bring it t~ the attention of the City ManagerP~r City Attorney. XIV, CITY MANAGER'S REPORT A, New Cable TVAct City Manager Miller reported that local franchise authorities can regulate cable television rates for the basic tier of cable television service and equipment, and the FCC regulates the rates for all other tiers of cable television pro- - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1993 gran~ning. In order to do this, the City needs to file a certificate with the FCC. The window for filing certification opens on October 1, 1993. Material will be presented to the Commission in October or November relative to adopting a rate regulation ordinance. Ms. Parker advised the Commission that the people who have entered into bulk purchase agreements are not under some of the provisions for the cable regula- tion. She will find out what the City can and cannot regulate under bulk agree- ments. She also advised that the rates are currently frozen until November 15, 1993. The certification becomes effective 30 days after the date it is filed; therefore, the City needs'to file before October 15, 1993 so that once the rates become unfrozen on Novemeber 16, 1993, the City will have some control over the rates. XV, OTHER None. XVI, ADJOURNMENT There being no further business to come before the Commission, the meeting prop- erly adjourned at 9:20 P. M. THE CITY OF BOYNTON BEACH Vi ce Mayor Commi ssion~r Recording Secretary ~ 'Commissioner (Three Tapes) - 25 - V. C0NSE~TAGENDA AGENDA cc.Finance Recreation SEPTEMBER 21, 1993 Otilities 1. ~DVANCED DATA PROCESSING, INC. $6,779.73 P. O. 4231. Collections for ALS calls. Pay from General Fund -- 001-221-5-468-00 2. ATLANTIC ALU~INU~ $4,050.00 P. 0. 5001. Supply and Install Hurricane Panels. Pay from Public Service Tax Constr. -- 301-194-5-629-00 3. CH2M HILL $9,950.79 Water Treatment Plant Clarifier Improvement. Pay from 1990 Construction Fund -- 409-000-0-690-10 4.CHEMLIME $8,334.40 P. O. 2844. Lime for Chemical Softening. Pay From Water & Sewer Rev. Fund -- 401-335-5-365-00 5. DATA FLOW SYSTEMS, INC. $5,530.25 P. O. 5390. Exchange of pump control module for pump control unit. Pay from W $ S Utility Fund -- 421-000-0-691-21-$2,840.00 6. P.O. 5371. Cuchcraft Antennae's. Pay from Water & Sewer Rev. Fund -- 401-352-5-345-00- $2690.25 7. DELl{AY FIRE EXTINGUISHER SERVICE, INC. $1,008.00 P. O. 2831. Clothing Replacement/Parts. Pay from General Fund -- 001-122-5-416-00 8. FLORIDA LEAGUE OF CITIES $11,482.00 Additional Premium due to Additional Property & Equipment added during the 92/93 Fiscal Year.- $7,056.00 Position Bond-S4,126.00; Pension Bonds: Police- $100.00; Fire $100.00; Employee $100.00 = $4,426.00 Pay from Self Insurance Fund -- 622-195-5-442-00 9. GEE & JENSON $18,668.57 Professional Services period Ending 7/30/93- $5,730.37-Boynton Lakes Park; Professional Services Ending 7/30/93-$12,938.20-Meadows Park. Pay from Public Service Tax Constr -- 301-722-5-463-08 10. GEORGE HOMRICH LANDSCAPE & DESIGN, INC. $4,122.00 P. O. 5475. Landscape Beautification Project. Pay from Comm Imp./CRA Fund -- 621-136-5-630-14 eOMMiSSION SEP 21 ~ APPROVAL 11. HARRISON UNIFORMS $3,502.35 P. O. 3601. Reglace Worn Vests. Pay from General Fund -- 001-211-5-642-00 12. HELENA CHEMICAL COMPANY $2,480.00 P. O. 2878. Pesticides used on Golf Course. Pay from Golf Course Rev. Fund -- 411-726-5-361-00 13. HOMA PUMPS ~17,100.00 P. O. 4043. Pump Replacement & Stock. Pay from Water & Sewer Rev. Fund -- 401-352-5-433-00 14. JOHNSON YOKOGAWA $1,677.50 P. O. 3767. Maintenance Serv. for Instrument Control System. Pay from Water & Sewer Rev. Fund -- 401-336-5-499-00 15. JONES CHEMICALS $2,049.00 P. O. 2884. Chlorine for Disinfection. Pay from Water & Sewer Rev. Fund -- 401-335-5-363-00 16. JOSIAS & C~OREN P.A. $12,248.75 City of Boynton Beach General Matters expenses thru 9/2/93 $5,998.75. Legal Fees August 1993 $6,250.00 Pay from General Fund -- 001-141-5-461-00 17. KLAUSNER a COHEN, P.A. $1,583.50 Professional Services for July & August. Pay from Police Pension Fund -- 612-138-5-468-00 18. L * A WATER TREATMENT CORPORATION $53,109.45 P. O. 856. 4 MGD Membrane Softening. Pay from 1990 Constr. Fund -- 409-000-0-690-10 19. THE LAKE WORTH HERALD $8,900.00 P. O. 3682. Printing of 3 issues of Funfare Mag. Pay from General Fund -- 001-721-5-472-00 20. LAWMEN~S AND SHOOTERS SUPPLY INC. $3,887.71 P. O. 5085. Dept. EquiDment/Creating new Evidence room. Pay from Misc. Trust Fund -- 691-000-1-691-20 21. MICROAGE COMPUTER CENTERS, INC. $1,849.58 P. O. 5346. Micro Print for Pension Admin. Pay from Retirement Trust Fund -- 611-137-5-670-02-$616.52 Pay from Police Pension Fund -- 612-138-5-670-02 $616.53 Pay from Firemen's Pension Fund -- 613-139-5-670-02 $616.53 CO, v M iSSiON SEP 2,1 ]993 APPROVAl. 22. MODERN ROOFING COMPANY $1,300.00 P. O. 5380. Hester Park Vandal Dugout Roofs. Pay from Self Ins. Fund -- 622-195-5-440-01 23. MOTOROLA $31,820.00 P. O. 5154. Police Radios Pay from Misc. Trust Fund -- 691-000-1-691-20 $30,748.00 P. O. 5424. Batteries for P.D. Radios. Pay from General Fund -- 001-211-5-323-00 $1,072.00 24. NEIGHBORHOOD FAMILY DOCTOR $2,377.00 Pre-employment physicals, annual physicals, and Drug Screening. Pay from General Fund -- 001-135-5-460-01 25. PALM BEACH NEWSPAPERS $1,295.94 Ads for Sanitation Supervisor and Animal Warden. Pay from General Fund -- 001-135-5-475-00 26. POOLE & KENT COMPANY $276,770.70 P. O. 858. Construction of West Water Treatment Plant. Pay from 1990 Construction Fund -- 409-000-0-690-10 27. REYNOLDS + REYNOLDS $1,013.75 P. O. 5373. Golf~Beach~Utility Receipts. Pay from Water & Sewer Rev. Fund -- 401-393-5-472-00 28. ROBERTS & REYNOLDS, P.A. $6,984.16 Legal Fees: T. Conley vs City of Boynton Beach Pay from Self Ins. Fund -- 622-195-5-468-00 29. ROLM COMPANY $4,944.00 P. O. 5147. PBX Switch. Pay from General Fund -- 001-197-5-430-21 30. ROYAL BATTERY DISTRIBUTOR $2,163.00 P. O. 3163. Golf Cart Batteries. Pay from Golf Course Rev. Fund -- 411-727-5-345-00 31. SOLID WASTE AUTHORITY OF PALM BCH COUNTY $58,055.61 P. O. 2991. Disposal of Trash. Pay from Sanitation Fund -- 431-341-5-490-01 COM 'diSSION SEP ~,! ]993 APPROVAL 32. SO. CENTRAL REGIONAL WSTWTR TRTMNT a DSPSL BD. $155,488.34 User chgs for services in connection with trtmnt & disposal of wastewater for August 1993. Pay from Water & Sewer Rev. Fund -- 401-353-5-490-09- $150,285.61 Camp-Dresser-McKee Engineering Sludge Modif. $1,805.50 CDM Repair and Replacement Engineering $3,397.23 Pay from Utility General Fund -- 403-000-0-691-22-$5,202.73 33. SOUTHEASTEP~N MUNICIPAL SUPPLY $18,050.00 P. O. 2960. Brass Fittings/Accessories. Pay from Water & Sewer Rev. Fund -- 401-333-5--654-00- $18,000.00 Pay from Public Service tax Constr -- 301-411-5-630-01- $50.00 34. SOUTHEASTERN PUMP CORPORATION $5,794.00 P. O. 5202. 15 HP Barnes Submersible Pump. Pay from W & S Utility Rev. Fund -- 421-000-0-691-21 35. SPARLING INSTRUMENTS INC. $12,160.00 P. O. 5077. Magnetic Drive Flow Meters. Pay from W & S Utility Fund -- 421-000-0-690-21 36. TARE LANDSCAPING $1,565.00 P. O. 2976. Landscape Maint. Serv. in Accord w/Specifications Pay from General Fund -- 001-722-5-430-15 37. TREE MOVERS INC. $6,358.00 P. O. 5427. Tree Spade Plugs trans on East WTP. Pay from Utility Capital Impr. Fund -- 404-000-0-690-10 38. TREE PRO $1,206.50 P. O. 5257. Prune 1 Banyan & Ficus Tree. Pay from Comm. Impr./CRA Fund -- 621-136-5-630-11 39. UNIVERSAL SIGNS & ACCESSORIES $5,472.00 P. O. 5122. Replenish Stock of Road Signs. Pay from General Fund -- 001-411-5-348-00 40. URBAN DESIGN STUDIO $11,998.46 P. O. 5200. Ocean Ave. Landscape Program.- $3,253.53 P. O. 5201. Create Working Draw for Pav./Landscape 500 Block Ocean Ave.-$8,744.93 Pay from Comm. Impr./CRA Fund -- 621-136-5-499-00 41. VIGRO INDUSTRIES, INC. $2,810.00 P. O. 5437. Fertilizer for Red & Blue Greens. Pay from Golf Course Rev. FUnd -- 411-726-5-366-00 COMMISSION SEP :~! 1993 APPROVAL 42. XEROX CORPORATION $2,057.12 P.O. 799. Monthly Maint. for City Clerk Copier. Pay from General Fund -- 001-194-5-422-00 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 payment of these bills. /~. Scott Miller, City Manager / COMMISSION SEP ~ 1 ]993 APPROVAL -Form-No. 121, Revised 5/]/75 at~¥'McDea DIRECT PAYMENT REQUISITION [ EXTENS ION: P~!_ease issue a check in the amount of $ 18,668.57 9 Gee & Jenson PO Box 24600 West Palm Beach~ FL 33416-4600 VENDOR NO. For: Invoice ~23230 - $5,730.37 for Professional services for the period ending 7/30/93 Boynton Lakes' Park. . Invoice ~/23229 - $12,938.20 fo~-Professional services for the period enalng Meadows Park. Requested by Date 9/7/93 Approvals: FUND DEPT BASIC ELE OBJ AMOUNT '301 722 5 463 08 '" 5730. 37 ~ 301 722 5 463 07 12938. 20 Dept. Head Finance Dept. ~ City Manager ~,~.. , TOTAL 18668 57 COMMISSION S~P I~1 1993 APPROVAL GEE & JENSON Engineers-Architects- Planners, Inc. PLEASE REMIT TO P.O. Box 24600 West Palm Beach, FL 33416-4600 AUGUST 18, 1993 INVOICE NO. 23229 PROJECT NO. 9.3-133.00 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: CHARLES FREDERICK ~n ~ ~ ~ FOR: MEADOWS PARK APPROXIMATELY 90% COMPLETION OF SITE/CIVIL, A RCHITECrURk~, ELECTRICAL, COST ESTIMATE ' LANDSCAPE AND IRRIGATION PLANS DETAILS SPECIFICATION AND :T ESTIMATES/ PROFESSIONAL SERVICES FOR THE PERIOD ENDING JULY 30, 19 PARTIAL TASK 3 (CONSTRUCTION PLANS) ~- PROFESSIONAL PERSONNEL HOURS RATE AMOUNT PRINCIPAL 1.5 125.00 187.50 PROJECT MANAGER 16.0 85.00 1,360.00 SR. ENGINEER 19.0 80.00 1,520.00 ENGINEER 100.-0 65.00 6,500.00 CADD DESIGNER 2.5 65.00 162.50 SECRETARY 8.0 25.00 200.00 CADD DRAFTER 10.0 50.00 500.00 DRAFTER 50.0 40.00 2,000.00 TOTALS 207.0 12,430.00 REIMBURSABLE EXPENSES AUTO MILEAGE 10.00 POSTAGE 0.52 TELEPHONE 1.36 COMPUTER CHARGES 200.13 PRNTG & REPRO (INHOUSE) 296.19 TOTAL REIMBURSABLES 508.20 508.20 .... %-~ TOTAL THIS INVOICE $ 12 938.20 CO /i i'vltoo uN , SEP 21 1993 APPAOVAL VdE: NERVY CE~I~ THAT IN THE ~RF~MAHCE OF ~E ~E$ COVERED ~ ~IS I~O~E, WE HA~ COMPLIED W~H ~E FAIR ~BOR ~ANDARDS AC OF 1938~ AS AMEN~D. GEE & JENSON Engineers-Architects- Planners, Inc. PLEASE REMIT TO P.O. Box 24600 West Palm Beach, FL 33416-4600 INVOICE NO. 23229 PROJECT NO. 93-133.00 CONTRACT AMOUNT $ 31,975.00 BUDGET SUMMARY CURRENT PRIOR PDS TO-DATE LABOR 12,430.00 11,585.00 24,015.00 LIMIT 31,085.00 REIMBURSABLES 508.20 178.79 686.99 LIMIT 890.00 BUDGET REMAINING $7,273.01 OUTSTANDING INVOICES NO. 22413 DATE 07/22/93 4,537.70 TOTAL 4,537.70 4,537.70 TOTAL NOW DUE $ 17,475.90 COM iSSION SEP 21 1993 APPROVAL PROJEGl' N~ANAGE~ WE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FAiR LABOR ~I'ANDARD$ ACT OF !938, A~ AMENDED. GEE & JENSON Engineers-Architects- Planners, inc. PLEASE REMIT TO P.O. Box 24600 West Palm Beach, FL 33416-4.600 AUGUST 18, 1993 INVOICE NO. 23230 -' ' ...... '~"-... PROJECT NO. 93-153.00 CITY OF BOYNTON BEACH 120 E o BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 FOR: BOYNTON LAKES PARK PROFESSIONAL SERVICES FOR THE PERIOD ENDING JULY 30, 1993 PARTIAL TASK 3 (CONSTRUCTION PLANS) -- APPROXIMATELY 90% COMPLETION OF SITE/CIVIL, ARCHITECTURAL, ELECTRICAL, LANDSCAPE AND IRRIGATION PLANS DETAILS SPECIFICATIONS AND COST ESTIMATES PROFESSIONAL PERSONNEL HOURS RATE AMOUNT PROJECT MANAGER 4.5 85.00 382.50 SR. ENGINEER 9.0 80.00 720.00 ENGINEER 48.5 65.00 3,152 . 50 CADD DESIGNER 1.5 65.00 97.50 SECRETARY 1.9 25.00 47.50 CADD DRAFTER 4.5 50.00 225.00 DRAFTER 22.0 40.00 880.00 TOTALS 91.9 5,505.00 REIMBURSABLE EXPENSES POSTAGE 1.56 COMPUTER CHARGES 50.00 PRNTG & REPRO (INHOUSE) 173.81 TOTAL REIMBURSABLES 225 . 37 225 . 37 SEP ~[ 1993 AP?ROVAL 'WE HEREBY CERTIFY THAT IN THE: PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAV£ COMPUED WITH THE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED. ·~ ?'. ~' GEE & JENSON Engineers-Architects- Planners, Inc. PLEASE REMIT TO P.O. Box 24600 West Palm Beach. FL 33416-4600 INVOICE NO. 23230 PROJECT NO. 93-153.00 CONTRACT AMOUNT $ 15,920.00 BUDGET SUMMARY CURRENT PRIOR PDS TO-DATE LABOR 5,505.00 4,197.50 9,702.50 LIMIT 15,360.00 REIMBURSABLES 225.37 94.88 320.25 LIMIT 550.00 BUDGET REMAINING $239.75 OUTSTANDING INVOICES NO. 22414 DATE 07/22/93 1,648.89 TOTAL 1,648.89 1,648.89 TOTAL NOW DUE $ 7,379.26 SEP 21 t993 ........ ~ ApffP, OVAL WE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE:, WE HAVE COMPLIED WITH THE: FAIR LABOR STANDARDS ACT OF !938, AS AM£NDE:D.