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Minutes 07-21-92MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 21, 1992, AT 6:30 P. PRESENT Arline Weiner, Mayor Jose Aguila, Commissioner Edward Harmening, Commissioner Robert Walshak, Commissioner ABSENT J. Scott Miller, City Manager Sam Goren, Assistant City Attorney Sue Kruse, City Clerk Lynne Matson, Vice Mayor {Excused} CALL TO ORDER - Mayor Arline Weiner Mayor Weiner called the meeting to order at 6:30 P. M. ADMINISTRATIVE A, Accept resignations from Raymond Eney, Andrew Haynes and Rev, Thomas Newton - all Regular members of the Board of Adjustment Commissioner Harmening moved to accept these resignations and send appropriate letters. Commissioner Aguila seconded the motion which carried 4-0. Mayor Weiner announced that Mr. Eney and Rev. Newton are now going to serve on the Advisory Board on the Elderly. APPOINTMENT TO BE REG/ MADE BOARD ALT LENGTH OF TERM EXPIRATION DATE Harmening Aguila Walshak Matson Walshak Aguila Matson Mayor Harmening Walshak Advisory Bd. on Elderly Alt Board of Adjustment Reg Board of Adjustment Reg Board of Adjustment Reg Com. Redevel. Advisory Bd. Alt Com. Redevel. Advisory Bd. Reg Com. Redevel. Advisory Bd. Reg Com. Redevel. Advisory Bd. Reg Com. Redevet. Advisory Bd. Reg Com. Redevel. Advisory Bd. Reg. Term expires 6/93 TABLED Term expires 4/94 TABLED Term expires 4/93 Term expires 4/95 Term expires 8/93 TABLED Term expires 8/93 Term expires 8/93 Term expires 8/93 Term expires 8/93 Term expires 8/93 Motion Commissioner Harmening moved to remove his appointment to the Advisory Board on theiElderly from the table. Commissioner Aguila seconded the motion which carried 4-0. Commissioner Harmening appointed Eleanor G, Shuman as an alternate' member to the Advisory Board on the Elderly, without objecti;on. -1- #~NUTES - REGULAR C~TY COHN~$$XON MEETING BOYNTON BF. ACH, FLORXDA ~ULY 21, 1992 Notion Commissioner Aguila moved to remove his appointment to the Board of Adjustment from the table, Commissioner Harmening seconded the motion which carried 4-0. Commissioner Aguila appointed Thmma$ Cordie as a regular member to the Board of Adjustment, without objection. Commissioner Walshak appointed alternate member Ben Uleck as a regular member to the Board of Adjustment, without objection. ViceiMayor Matson's appointment to the Board of Adjustment was tabled in her absence. Notion Commissioner Walshak moved to remove his appointment of an alternate member to the Community Redevelopment Advisory Board from the table. Commissioner Harmening seconded the motion which carried 4-0. Commissioner Walshak appointed Oomtntck Pamptno as an alternate member to the Community Redevelopment Advisory Board. The nomination was not accepted since a Talent Bank Form has not been submitted. Therefore, this appointment remained on the table. Comm~issioner Aguila appointed David Katz as a regular member to the Community Redevelopment Advisory Board, without objection. Vice Mayor Matson's appointment to the Community Redevelopment Advisory Board · was tabled in her absence. Mayor Weiner appointed Cal Cearley as a regular member to the Community Redevelopment Advisory Board. Commissioner Harmening pointed out that Mr. iCearley does not live in the City and this would be contrary to the Ordi!nance. Mayor Weiner stated that Mr. Cearley has been serving on this Board for a year. Commissioner Harmening said the Ordinance does not contain any excliusions. Mayor Weiner therefore appointed Sam$cheiner as a regular member to the Community Redevelopment Advisory Board, without objection. Commissioner Harmening tabled his appointment to the Community Redevelopment Advi~sory Board. Commissioner Walshak appointed Danny Richter as a regular member to the Community Redevelopment Advisory Board, without objection. C. Change Order No. 2 - Ocean Bay Construction - Community Development Block Grant Subarea #1 - 11th, 12th and 13th Avenues City Manager Miller advised that Mike Kazunas was working on this project as City Engineer. Mr. Kazunas said this was planned from the outset of the contract to expend those budgeted funds that Palm Beach County had allowed in their grant program. There is approximately $118,000 of unused funds. This change order uses $95,000, leaving $24,000 unused in those grant funds. The work area, basically determined by the way the drainage pattern hit, is 13th Avenue from Seacrest to N. E. 1st Street. The change order is for a total of $126,000. Roughly $32,000 of that is for utility relocation. -2- MINUTES - REGULAR CITY CONMiSSION MEETING BOYNTON BEACH, FLORIDA JULY 2~, 1992 Commissioner Harmening stated that basically this keeps the Community Development Block Grant funds that were allocated to Boynton Beach in Boynton Beach. Although the contract was below the amount of money that the grant was, the change order will absorb the balance money and Continue the work. Therefore, we will not need as much money in the future. Mr. Kazunas confirmed this and said it expends the unused funds from last year's grant program. Commissioner Harmening moved to approve Change Order No. 2 for Subarea #1, CommUnity Development Block Grant. Commissioner Aguila seconded the motion which carried 4-0. Request authorization to proceed for bids for multi-media work sta- tion to be funded with forfeiture funds from the Police Department Edward Hillery, Police Chief, advised that the price of the equipment is $26,000, not $40,000 as he told Mr. Miller earlier today. Motion Commissioner Harmening moved to approve this request for authorization to proceed for bids for multi-media work station to be funded with forfeiture funds from the Police Department. Commissioner Aguila seconded the motion which carried 4-0. E, Approval to submit Recycling Grant (for a recycling truck) to the Solid Waste Authority City Manager Miller advised this would be the fourth truck and once it is brought on, all the single-family and a good portion of the multi-family should be on line. Commissioner Harmening asked for confirmation that this is the end of the grant for irecycling and that anything commercial has to be paid for by the City. Mr. iMiller confirmed this. Commissioner Harmening asked if there is any money in tihis grant for the commercial size. Carrie Parker, Assistant City Manager, indilcated there is not. She stated that the City has volunteered to be a model cit~ for the Solid Waste Authority Recycling Program and as such is working on leasiing one commercial vehicle from them for $1.00 a year. At this point, the money for the residential recycling trucks finishes off the grant and that is all !that is available. Motlion Commissioner Aguila moved to approve this request to submit the Recycling Grant for a recycling truck to the Solid Waste Authority. Commissioner Harmening seconded the motion which carried 4-0. -3- #INUTE$ - REGULAR CITY COM#IS$IoN FlEETiNG BOYNTON BEACH, FLORIDA JULY 21, 1992 Request authorization to proceed In amending the Flreflghter Pension Plan City Manager Miller stated that this is in regard to the State Excise Tax that the City receives for Fire, which is approximately $1§8,161 a year. Pursuant to the Statutes, the money is to be used to fund extra benefits. A problem arises as to what is defined as extra benefits. The Fire Pension Board has selected an additional benefit which would increase the formula multiplier from 2.5% to 2.6%, which would cost approximately an additional $63,000 a year. Ms. Parker advised that there are a couple of options to deal with this problem and staff and the firefighters have recommended this is probably the least costly and least disruptive option. Ms. Parker requested that the City Attorney draft an ordinance for first reading by the City Commission next week. Notion Commissioner Aguila moved to approve this request to proceed in amending the Firefighter Pension Plan. Commissioner Harmening seconded the motion which carried 4-0. Change Order No, 2 - Florida Design Irrigation - to furnish and install necessary vegetation and clear the way for relocating tor- toises City Manager Miller advised that this pertains primarily to the Ezell Hester Park Preserve area. A letter was sent to FDOT about a mOnth ago regarding the damage that was done to the preserve area, in particular the sand pine scrub, by the contractor, Bergeron Land Development, encroaching on the City's park area. It was hoped to work with Bergeron to replant the damaged vegetation in the pre- serve area and get it all fenced in completely before relocating the tortoises. However, Bergeron felt it was not their responsibility. Mr. Miller sent a letter to FDOT and received a reply yesterday from Tom Henderson who informed him~that the contractor will pay for the damages and will get involved with a repl)anting. However, Mr. Miller wants to move forward with this change order in order to relocate the tortoises from the East Water Treatment Plant to the Ezell Hes~er Park Preserve just in case Bergeron cannot be relied on to cooperate. MotiOn Commissioner Harmening moved to approve Change Order No. 2 for Florida Design IrrSgation in the amount of $2,831. Commissioner Aguila seconded the motion which carried 4-0. H, Change Order Nos, 33, 34, 35, 36 - Sea Land Contractors for addi- tional work at the Ezell Hester Park City Manager Miller stated this is outlined in Bill DeBeck's Memorandum No 92.058. Change Order No. 33 is for an additional sidewalk area. Change Order No. 34 is for an additional zone for irrigation to water the clay infield. Change Order No. 35 is in regard to roofing, flashings and drywall which was -4- HINUTE$ - REGULAR CITY COI~I$$IOHHEETIHG BOYNTOH BEACH, FLORIDA ~ULY 2~, 1992 necessitated when the size of the building was increased a year ago. Change Order No. 36 was due to incorrect elevations. Change Order Nos. 33, 34 and 35 were basically owner requested; however, it was felt that Change Order No. 36 was due to the architect's error. Commissioner Harmening asked if City Manager Miller is recommending paying the contractor for all of them and then seeking relief from the architect on Change Order No. 36, to which Mr. Miller answered in the affirmative. Commissioner Aguila noted that throughout this project the architect has made numerous errors which has cost the City some money. He wanted to know what was being done about this. City Manager Miller advised that the City is holding some dollars from Oscar Vagi and that this matter needs to be put together and brought back to the City Commission for direction. In response to Commissioner Harmening, City Manager Miller advised there is $2,0100 in retainage. Commissioner Harmening pointed out that the architect is going to owe the City more than that and that-the City may have a hard time collecting. City Manager Miller directed Mr. DeBeck to prepare an entire recapitulation to bring back to the City Commission at the next meeting. Hotton Commissioner Aguila moved to approve Change Order Nos. 33, 34, 35 and 36 for Ezell Hester Park. Commissioner Walshak seconded the motion which carried 4-0. I, Constder proposal from Nutting Englneerlng for preliminary con- tamlnatton study assessment at the Publtc Works Compound City Manager Miller advised that the estimated cost for this preliminary con- tamination assessment is $2,125 and is to appease the Notice of Violation from DERM. He believed this would satisfy DERM and hoped a full C.A.R. was not necessary. ~t!on Commissioner Harmening moved to approve the contract with Nutting Engineering and authorize the City Manager to sign same in the amount of $2,125 to do the borings and laboratory analysis of groundwater samples at the Public Works site. Commissioner Aguila seconded the motion which carried 4-0. At this point in the meeting, Commissioner Harmening referred to Item No. I.H on the agenda and suggested adopting a policy that before the City pays any archi- tects or engineers, it obtain a little more retainage and adjust that amount so that there is enough money to cover any potential claims the City may have. Commissioner Aguila pointed out that architects, engineers and other pro- fessionals that work with the City are required to have liability insurance. Commissioner Harmening thought it was previously stipulated never to use an AIA contract again with any of them. City Manager Miller advised that those percen- -5- MINUTES - REGULAR CITY CONNI$$ION HEETING BOYNTON BEACH, FLORIDA JULY 21, 1992 tages can be adjusted on upcoming contracts. Commissioner Harmening felt there would be less problems in the future as long as the Engineering Department, the Building Department, Bill DeBeck and the City Manager's Office realize and remember these things. II, CONSENT AGENDA A, Ntnutes 1, Regular Clty Commlsslon. Neeting of July 7, 1992 Commissioner Aguila corrected the last sentence under Item B.1, third paragraph, to read, "Commissioner Aguila suggested the City Attorney review Section 3-7, make recommendations, changes and update it and bring it back at the next possible meeting." Commissioner Harmening corrected the second sentence of the amended motion on page 8 to read, "Commissioner Harmening agreed to the amended motion." B, Btds- Receneend Approval - All expenditures are approved In the 1991-92 Adopted Budget None, C, Approval of Bllls A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. City Manager Miller added the following bills: Solid Waste Authority, June, 1992 - $54,372.05 Moyle, Flanigan, Katz, Fitzgerald - $62,851.80 & Sheehan, P. A. City Manager Miller said he was asked ~today if the City could see fit to make payment to Moyle, Flanigan on the most recent $60,000,000 bond in the amount of $62,851.80. Commissioner Harmening referred to the $10,000,000 issue with them for $3,000 and felt the $62,851.80 was a considerable increase in price. Ms. Parker advised that their fee was increased because of the additional legal work they had to do on the interest rate swaps being investigated to insure protec- tion for the City. D, Pa3ment of Bills - June, 1992 A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. -6- NZNUTES - REGULAR CZTY CONNZ$SXON NEETING BOYNTON BEACH, FLORIDA JULY 2Z, Z992 Reorganization of the Recreation Dtvtslon of the Recreation and Parks Oepart~nent The analysis, justification and benefits of reorganizing the Recreation Division of the Recreation and Parks Department are outlined in Recreation and Parks Memorandum No. 92-237, dated July 20, 1992, to J. Scott Miller, City Manager. F, Recetve and file department acttvtt~ reports - June, 1992 A copy of the department activity reports is on file in the City Clerk's Office. Hotlon Commissioner Aguila moved to approve the Consent Agenda, including payment to the Solid Waste Authority and Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P. A., and the changes to the minutes of the July 7, 1992 regular City Commission meeting. Commissioner Harmening seconded the motion which carried ~ MAYOR WEINER DECLARED A RECESS AT 6:54 P. M. THE MEETING RESUMED AT 7:02 P. M. III, OPENINGS A, Invocation - goment of Silent Pra~er A moment of silent prayer was observed. B, Pledge of Allegiance to the Flag led b~ Conmlssloner Edward Harmenlng Commissioner Harmening led in the recitation of the Pledge of Allegiance to the Flag. C, Agenda Approval 1, Additions, Deletions, Corrections Commissioner Aguila added Item C.2 under New Business to discuss sending a reso- lution to the County Commissioners to get some communication on upcoming ordi- nances directly from them. Commissioner Walshak deleted Item D.1 under New Business. Mayer Weiner moved item X.E (Request from Heaven's Gate) under New Business to immediately before VII (Development Plans). -7- #INUTES - REGULAR CITY COMMISSION HEETING BOYNTOH BEACH, FLORIDA JULY 21, 1992 2. Adoption Notion Commissioner Harmening moved to adopt the agenda as amended. Commissioner Aguila seconded the motion which carried 4-0. Announcements Ribbon Cutting Ceremony - Ezell Hester Park, Nonday, July 27, 1992 - 2:00 P. N. Mayor Weiner made this announcement and invited and hoped all will attend. 2. Workshops on the Proposed Budget for FY 1992/93 - Nonday, July 27th and Tuesday, July 28th at 6:00 P. H. Mayor weiner announced these workshops to be held in Commission Chambers. 3. Special City Conmlsslon Neetln9 to set proposed millage rate for FY 1992193 and to set the date, time and place for the first public hearing Wednesday - July 19, 1992 at 6:00 P, N. Mayor Weiner announced this meeting to be held in Commission Chambers. E. Presentations Community service award plaque to the Noontime Kiwanis Club by the Recreation Department On behalf of the Recreation and Parks Department and the children of Boynton Beach, Virginia Halpin recognized the Noontime Kiwanis Club for their efforts and community service to the children of the community and presented a plaque to Doris Pastl, President of Noontime Kiwanis Club, in appreciation of the Club's efforts and in recognition of outstanding community service provided to the Boynton Beach Recreation and Parks Department for 1991/1992. Ms. Halpin thanked the Noontime Kiwanis Club members for their support and said she looked forward to their continued support in serving the community. Ms. Pastl stated that the Noontime Kiwanis Club is always striving to make Boynton Beach a better place to live. They are currently working on Adopt a Family Program and Shots for Tots and are trying to get a van with the coopera- tion of the City to transport the children to get their vaccinations. They also work with the Association of Retarded Citizens and provide scholarships for stu- dents who are residents of Boynton Beach. 2, Boynton Beach Police Explorer Post #396 honored as Poltce Explorer State Post of the Year 1991-1992 City Manager Miller reported that Boynton Beach Police Explorer Post #396 was recently honored as Police Explorer State Post of the Year for 1991/1992 at the -8- HINUTE$ - REGULAR CITY C01~I$$ION MEETING BOYNTON BEACH, FLORIDA ~ULY 21, 1992 Florida Association for Police Explorers Conference/Competition held in Deland, Floriida June 22 through June 26, 1992. In addition, the Boynton Beach Police Explorers were also named Florida Southern Region Post of the Year 1991/1992 for their dedication, competitiveness, and overall participation in the organiza- tion. Mayor Weiner and Mr. Miller presented Chief Hillery with a Certificate of Commendation to the Boynton Beach Explorer Post #396 for bringing pride to the City by being honored as the Police Explorer State Post and Florida Southern Region Post of the Year 1991/1992. Chief Hillery stated that this outstanding program recruits young people into the Police Department and gives them a feeling of belonging to the community. They compete against other troops and are presently at the national competition. The officers involved in the program do this on their own time. Civilian mem- bers of the Department also help. This is a great program for youth, the com- muni:ty and law enforcement. He was very proud of these young people who bring glory and kudos to the City and the Police Department. 3, Service Awards for City Employees Mayor Weiner and City Manager Miller recognized the employees listed below for their tenure. Mr. Miller said the services of the City could not be brought about without the hard, dedicated work of the employees gained over a period of time. 20 Years of Service Ruth Finne, Personnel Coordinator Agnes Licht, Library Clerk 15 Years of Service Luther Barber, Mechanic III James Bonomini, Firefighter III Richard Donovan, Plan Check Inspector George Evans, Recreation Supervisor Dora Formanek, Water Plant Operator III Charles Persing, Plumbing & Mechanical Inspector II Robert Pocsik, Plumbing & Mechanical Inspector John Reynolds, Water Plant Supervisor Donald Thrasher, Police Lieutenant 10 Years of Service Angelo Agosto, Refuse Collector II Marceline Allard, Clerk III, Library Larry Claude, Systems Operator III Herbert Cooper, Water Plant Operator I William McConnell, Firefighter III Thomas MacRae, Firefighter II/Paramedic Patrick Taylor, Firefighter III Linda Walter, Clerk III, Public Works -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1992 IV. BIDS None. V, PUBLIC HEARING None. VI, PUBLIC AUDIENCE Bob Rodden of 716 North Road spoke on behalf of some of the people in his com- munity and expressed concern of the disruptive and potentially dangerous activi- ties of the owners of Concept Marine. Concept Marine does business at the corner of Federal Highway and North Road in Boynton Beach. He believed these activities are not only dangerous and annoying, but that they reduce the quality of the community and could affect real estate values in the neighborhood. Concept Marine insists in parking boats, trailers and vehicles near their gates on North Road using the-residential roadway as a marshaling area for their boats and in general frequently obstructing or delaying normal residental traffic into and out of the community. North Road is a very narrow road and is the only access to Harbor Estates. He was concerned that emergency vehicles could be dangerously delayed or hampered by Concept Marine if they continue to do busi- ness as usual. Several Harbor Estate homeowners who have attempted to speak with the owner/manager of Concept Marine were met with abusive, threatening and contemptuous behavior. Therefore, he asked the City of Boynton Beach to take appropriate action to resolve this critical issue. He said the people in his community are willing to work with the City and Concept Marine to devise workable alternatives which could include a new access to Concept Marine from Federal Highway instead of the residental street, North Road. He had a total of 34 residential signatures. He further advised that there is no parking for employees or customers at Concept Marine, which has a retail outlet. There is no handicap parking and there are no parking boundaries whatsoever. The manager of Concept Marine advised the residents that if they called the police it would not do any good because he takes care of Boynton Beach's boats. Mr. Rodden advised the City Commission of other threatening statements made by the manager of Concept Marine to the people in the neighborhood. Mayor Weiner was in possession of a petition given to her by Mr. Rodden and signed by people in the community. She asked that this petition, which is on file in the City Clerk's Office, be made part of the record. Chief Hillery appreciated the attitude of the people who have signed the peti- tion in wanting to work with the business owner to try to alleviate the problem. He took offense to the statements made by the manager which he felt places the Police Department in a bad light. As far as he knows, the Boynton Beach Police Department does not own any boats. Chief Hillery said anybody who tries to intimidate anyone is disagreeable. He asked Mr. Rodden or a representative to stop by his office to talk about this matter at great length. Commissioner Harmening suggested instructing the City Manager and the Chief of Police to look into this and take appropriate action to insure that the public - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~ULY 21, 1992 rights-of-way are free and clear and able to be used for the traffic for which they were intended and not for storage of boats. Mr. Miller will look into this matter. Bob Borovy of 2521S. W. llth Street is past Commander of American Legion Post 164 and of the Eleventh District of the American Legion and presently Chairman of the Veterans' Council. He read a resolution expressing confidence and sup- porting and acknowledging the dedication and professionalism of the City of Boynton Beach, which was passed at the last meeting of Post 164. Craig Livingston of 323 N. Federal Highway read hi) letter, dated July 21, 1992, addressed to the Mayor and City Commissioners, which gave an update on the sta- tus of the Lighthouse Square Marina project and two others planned for the waterfront. The developers are now prepared to proceed with the development and construction of the Lighthouse Squars Marina. In the original approval, he was directed by the Commission to proceed with'all components of the project, for fear of the boat building being built with no other development to follow. He requested to be placed on the next City Commission agenda to present an alter- nate to the one phase approval, which would allow the boat storage building to be built last, which is being requested due to constraints'on financing agreements. He has been instructed by the developers of the project to apply for building permits for the ]ighthouse, the harbormaster building, the site and utilities, the extension of Boynton Beach Boulevard to the project, the new north/south road connecting Ocean Drive to Boynton Beach Boulevard, and the east retail building which includes one of the restaurants. The developers have secured the necessary funding to proceed in a phased development, which would be formally presented to the Commission at the next meeting. He intends to submit the plans to the Planning Department when Chris Cutro returns on Monday, and will coordinate any information needed to evaluate this proposal. The Sea Mist Marina project which was approved by the Commission recently is proceeding through construction drawings and, as requested by this Commission, an overall drawing showing how the two projects interface will be presented at the August 4th meeting. Mr. Livingston has also been retained by the developers of the Sea Mist Center to design a waterfront restaurant along the north side of the area designated for the future bridge on Boynton Beach Boulevard and will include this in his presentation on August 4th. Mayor Weiner said this is very good news for the City and wished Mr. Livingston good luck with his project. SonJa Morgan of 11288 Manatee Terrace in Lake Worth said she appeared before the City Commission a couple of months ago relative to the Lawrence Lake Estates project on Lawrence Road. The City Commission gave her 30 days to obtain a Letter of Credit from her bank. The bank took considerable time to finalize this and during that time, half the work had been completed. She asked the bank to write it for the remaining amount of work, since she would be paying a fee based on the amount of work to be done. Without any explanation, the bank informed her that they would rather not do this. She proceeded to try to obtain a bond for the remaining work; however, her father has not done any projects in the last ten years and it is required that he show some sort of a track record - 11 - MINUTES - REGULAR CITY COte4ISSION MEETi~ BOYNTON BEACH, FLORIDA ~ULY 2~, 1992 for the last ten years. The property is in her name and she does not have a contractor's license. The building permits for the model homes are being held up because of this. She would like to post a cash bond with the City, in the amount of $96,000 for the remaining work to be done, according to the figures submitted by Rossi & Malavasi Engineering. Upon completion of the work and cer- tification from Mr. Rossi, the City will release the money. She asked that the money be posted in two stages because of pending closings. First payment could be made in approximately ten days and the remaining amount by August 20th. Morton Commissioner Harmening saw no problem with this and liked cash better than let- ters of credit. He therefore moved to accept this proposal. Commissioner Aguila seconded the motion which carried 4-0. THEEE BEING NO ONE ELSE WHO WISHED TO SPEAK, MAYOR WEINER DECLARED PUBLIC AUDIiENCE CLOSED. X, NEW BUSINESS Request from Heaven's Gate to hold an "Outdoor Communl~ Come Together Concert" on July 26, 1992 at the Old NCNB Bank stte, Boynton Beach Boulevard and Congress Avenue Charles Brannon, Pastor of Heaven's Gate Church, was present. Motion Commissioner Harmening moved to approve this request. Commissioner Aguila seconded the motion. Commissioner Walshak asked if this would create any problems and if anything has to be done to help these people. Mr. Hiller advised that the Police and Fire Departments were notified of this activity. The Fire Department advised that any electrical would have to be done according to the Codes. Commissioner Walshak asked how big a turnout is expected. Pastor Brannon anti- cipated 150 to 160 people will attend. The motion carried 4-0. VII, DEVELOPMENT PLANS A, CONSENT AGENDA - UNANIHOUSLY APPROVED BY PLANNING AND DEVELOPMENT BOARD None. B, NON-CONSENT AGENDA - NOT ~dANIHOUSLY APPROVED BY PLANNING AND DEVELOPMENT - 12 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1992 1. Project Name: Agent: Owner: Location: Description: Cedar Grove PUD ........................ TABLED Julian Bryan Cedar Grove Investments, N.W. The east side of South Seacrest Boulevard, approximately 100 feet south of SE 31st Avenue {South Seacrest Scrub Site} REZONING: Request to rezone 53.69 acres from R-1AA, Single-Family Residential and R-2, Single and Two-Family Residential to PUD, Planned Unit Development to allow for the construction of 234 dwelling units, comprised of single-family dwellings and duplexes. NOtion Commissioner Harmening moved to remove this item from the table. Commissioner Aguila seconded the motion which carried 4-0. Mayor Weiner was in possession of a petition, dated July 20, 1992, which was given to her by Mary L. Law regarding the proposed rezoning of Seacrest scrub. She asked that this petition be made part of the record. {The petition is on file in the City Clerk's Office}. She explained the rules to be followed on this item tonight. Public Audience Antonio Coliendo of 127 S. E. 27th Way is a general contractor and has been building throughout Boynton Beach and Florida since 1967. He said that the worst thing Boynton Beach could do is to totally scrape and slab over every piece of wilderness it has and that this scrub is one of the biggest amenities any community can have. K&thleen Brennan of 2308 Aspen Way spoke as a representative of the Palm Beach County Department of Environmental Resources Management and informed the City Commission of the status of the various documents required by the Florida Communities Trust Program. Commissioner Harmening made it clear that this is strictly a land use rezoning and~has nothing to do with scrub. Ms. Brennan said under the FECT Program that is something they consider by order of the Governor and Cabinet and policy. It is not that they would make a decision but that any appraisals done woUld be on the value of the land prior to the rezoning. John Noodle of 3638 S. E. 2nd Street felt the City Commission should vote against rezOning this site since the people are against it and since the City Commission represents the people. Dr.:Fred Clchockl, Chairman of the Coalition for Wilderness Islands in Palm Beach County stated the drainage plan looks half baked and suggested the City Commission look at it very carefully. Berms meant to control surplus water drainage as shown on the plan are really not the best solution to problems of - 13 - HINUTE$ - REGULAR CZTY CONHI$$ION HEETING · BOYNTON BEACH, FLORIDA JULY 21, 1992 that sort and the South Florida Water Management District frowns upon such things. The chances of altering existing drainage patterns which are natural and would sustain that preserve area are certainly possible. He felt it made good sense to hold off any decisions the City Commission may want to make con- cerning rezoning the property until the South Florida Water Management District approves the drainage plan. He reiterated the stand that the Coalition has taken in the past that this property is extremely valuable as a natural resource and it is absolutely essential that the entire tract be preserved. Rose Kdtzer of 124 s. E. 29th Avenue said we can build elsewhere in the City; however, we cannot replace this scrub. She urged the City Commission to vote this PUD down for the sake of Boynton Beach, the scrub, and the future of Florida heritage. RosB~ DurBndo spoke on behalf of the Audubon Society of the Everglades and said there is nothing more valuable in a City as it grows than to have the potential for green space or a passive park and unless there has been a demonstrated need for :houses of this type and unless there are no vacancies in the area, there is no need for a dense zoning like this. She said the engineering and Game Com- mission problems and tortoise relocation program can hold up this property inde- finitely thereby significantly increasing the cost of this land if it were to be purchased for the public. She is a member of the Sensitive Land Acquisition Committee, who would like to see this land bought at a reasonable price for the public. Csrli Ter~illlger of 7210 Saddle Road in Lake Worth, President of the Palm Beach Counity Chapter of the Florida Native Plant Society hopes the City Commission will echo the wishes of Boynton Beach to preserve this parcel. RalPh l~archese of 1901S. W. Roma Way stated this piece of valuable property cannot be replaced and the people have made it clear that they want it pre- served. He begged the City Commission to do everything in their power to pre- serve this property. NO ONE ELSE WISHING TO SPEAK ON THIS MATTER, MAYOR WEINER DECLARED PUBLIC AUDI!ENCE CLOSED. Attorney Goren suggested that the applicant and any of those he seeks to call on his~behalf, as well as City staff and its consulting professionals, be sworn as witnesses. He stated that burden of proof in connection with rezonings is based upon the applicant presenting his case going forward by clear and convincing evidence for the purposes of the City Commission's consideration this evening. Martin Perry, Attorney representing the applicant, objected to these pro- ceedings, saying that the full presentation has previously been made and that publlic discussion was closed at that previous presentation. The matter was tablied pending submission by the applicant of two items of information. Those two items of information have been submitted and there is no basis for any further presentation. He requested that the City Commission abide by its legal obli!gations and rule on this matter. - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~ULY 21, 199~ Attorney Perry believed there is some confusion in the minds of some people. Ms. Brennan indicated that based on the language in the State Act or the policy of the Cabinet that the rezoning of this property had no impact on value in terms of what offers the State, County and/or City might make relative to the environmentally sensitive land aspect. Assuming she is correct, Attorney Perry felt that it should be made clear that what is sought here tonight has no impact on value. In addition, there are no condemnation powers in either the State or County relative to the acquisition of these lands. To date, no one has sub- mitted an offer for the acquisition and protection of these lands and the pro- perty owner is entitled to pursue his rights to use his property until that occurs. Attorney Perry stated that the requirements of the City's ordinances relative to drainage for a rezoning have been met. The requirements for site development will be met in the future if this rezoning is approved. He said he stands here before the City Commission with no offer to purchase and with no obligation to sell and urged the City Commission to approve this application. He advised that if it is the goal, desire and objective of the public to purchase this land, the property owner is not adverse to considering any reaso- nable offer. It is encumbent upon the City Commission to do their duty and the applicant is entitled to a final decision. AttOrney Goren noted Attorney Perry's objections. Tambri Heyden, Senior Planlner, and Richard Staudinger of Gee & Jenson were sworn in by Attorney Goren. Since a detailed presentation was given by staff at the May 19th meeting, Ms. Heyden limited her remarks to the outstanding issue of drainage. Staff's recom- mendation presented to the City Commission at the May 19th meeting was that the Cedar Grove rezoning be approved subject to staff comments. The premise upon that recommendation was that it was believed that these outstanding comments could be resolved through submittal and approval of a master plan modification prior to the applicant submitting platting. Several assumptions were made by staff with respect to drainage. She called the City Commission's attention to Engiineering Department Memorandum No. 92-042 from Mike Kazunas, the City Engilneer at that time, wherein Mr. Kazunas stated that the drainage master plan provided was insufficient for detailed review and that the soil conditions and site topography appeared adequate to address all future drainage concerns. Staff has thoroughly reviewed the revised drainage information requested by the City Commission and has determined that the drainage design is not adequate or acceptable. Ms. Heyden reiterated that rezonings to planned districts such as a PUDiare very unique in that a master plan meeting the requirements of Appendix B and C of the City's Code of Ordinances must be submitted with the rezoning application. This master plan becomes attached to the zoning of the land and sets forth specific guidelines for development of the parcel. It is the purpose of the master plan to respond to the peculiarities of the site (in this case, environmental issues) by tailoring a harmonious physical design suitable to the property. There has not been a PUD proposed in this City that she is aware of that has had the same issues as this property. Therefore, she thinks it is important that this PUD be evaluated on its own merits. The new storm water treatment methods proposed, specifically the berm and the undersized dry reten- tion areas impact the master plan and would appear to affect density, possibly the!viability of the preserve, and the roadway layout, thereby making the master - 15- HINUTE$ - REGULAR CITY COt4HI$SION #EETIHG BOYNTON BEACH, FLORIDA ~ULY 21, 1992 plan incompatible with the drainage design. Based on this, it is recommended that drainage be resolved prior to approving this request since the two issues are so closely related. Con~nissioner Aguila asked Ms. Heyden to confirm that this property is currently zoned R1AA and R2 and nothing under the criteria prevents the property owner fromdeveloping it without seeking further approval from the City; hence, whether this PUD does or does not pass this evening, the owner can pull pemits and start laying out roadways and putting up homes. Ms. Heyden confirmed this, saying it would have to be done through the platting process. Richard Staudinger advised that Mr. Kazunas requested additional information specifically associated with the drainage requirements of Appendix C from the applicant by letter of June 11, 1992. The applicant responded by letter dated July!S, 1992. An overhead of the drainage plan as it was submitted last week was displayed. Mr. Staudinger said one important change on this plan from the prevlious one is the addition of a berm on the west side of the preserve area. There was not much topography on this plan so Mr. Staudinger asked the engineer who prepared it about the size and details of this berm. The engineer indicated the berm would be 2 or 3 feet. The elevation of the natural ground in the pre- serve area is 15 to 17 feet and the berm is proposed to be about 18.75 feet. In addiltion, the plan shows two detention areas, one near Seacrest and the other interior to the plan, totalling 1.4 acres. They are about a foot deep. One of them! is about an acre and the other one is about 4/lOths of an acre. Those meet the City's requirements for the detention/retention of a 3 year, 24 hour storm. Howe~er, when Mr. Staudinger reviewed this plan last week it became apparent thatl before development occurrred, this 53 acre tract would have to be approved by S!outh Florida and that both of these items would not be acceptable as pro- poseid to South Florida. He discussed this with the applicant's engineer who agreied that the district will require a 25 year storm event to be detained on sitei because there is no drainage outlet on this property. That will modify the size, depth or location of the retention ponds. He also discussed the berm with the iapplicant's engineer, who indicated he has permitted several projects with berms. However, Mr. Staudinger is concerned that the berm is located in the back of the residential areas on the two pods with no ability for maintenance and iaccess and no ability to check or maintain the integrity of that berm. He callled South Florida Water Management District and discussed with the Surface water Management Division what their policies were concerning these berms and whether they ever permitted it. They concurred that they possibly could be per- mitted; that they have permitted them in the past but only when proper provi- sions were made for access to those berms in order to insure that their openation is not a problem to the homeowners. As a result, Mr. Staudinger sent a letter, dated July t7, 1992, to City Manager Miller outlining his concerns on the lberm as well as the 25 year storm event modifying the ponds. As a result of Mr.!Staudinger's concerns, he suggested the applicant obtain a conceptual serv- ice,water management permit from South Florida Water Management District. Mr.~Staudinger felt this is the best way to insure that the drainage plan sub- mitred on this project meets the district criteria and keeps the plan from being reviiewed, going to the district, being modified, and then having to come back to the City because of modifications from the district. - 16 - #INUTE$ - REGULAR CITY COI4HIS$ION HEETING BOYNTOH BEACH, FLORIDA ~ULY 21, 1992 Con~nissioner Harmening said in the event the density is increased because of change of zoning from RIAA to PUD, it would contribute to the runoff to some extent; however, he was sure if the developer would like to spend enough money for storm drainage on site or off site to the nearest Lake Worth Drainage District canal or some suitable place, it could be handled. While drainage is important, he reiterated that this rezoning is primarily devoted to the highest and best use of the land and he was not sure that the drainage is of paramount importance at this point in time. Commissioner Walshak totally agreed with Commissioner Harmening. He said when thiswas initially tabled he was prepared that evening to vote on it on the basis of it being a rezoning, not on drainage or any other technical aspect of the site plan. He said the applicant is requesting a rezoning and he feels the Cityi Commission has to make a decision, based on the Comprehensive Plan, whether or not it benefits not only the landowner, but the City and residents. Attorney Perry asked Mr. Staudinger if he was familiar with the ordinances of the City. Mr. Staudinger answered in the affirmative. Attorney Perry asked if the ~conceptual plan from South Florida Water Management District is a require- merit! for rezoning pursuant to the ordinance. Mr. Staudinger said it is neither exclluded nor specifically required and that he was not requesting a South Florida Water Management District conceptual permit because of City ordinances; he is following up on a process that was initiated in June by the former City Engineer, who requested information, and on the response by the applicant who provided a drainage plan. In Mr. Staudinger's opinion, that drainage plan is inadequate because of the deficiencies he noted and that is why he is asking for Sout!h Florida to review it and provide a conceptual permit approval to insure that the drainage master plan submitted by the applicant will work. Attorney Perry asked if South Florida approval would be needed during final development planls and platting. Mr. Staudinger answered in the affirmative, saying they woul)d probably go for an operation and construction permit at the time actual consitruction plans were prepared. Attorney Perry asked that the July 21, 1992 letter to City Manager Miller from H. P. Tompkins, in which Mr. Tompkins does not ~concur with Mr. Staudinger's opinion, be made part of the record. Attorney Perry did not believe that Mr. Tompkins indicated anything contrary to what was previously offered by City staff in their original presentation, which is that thelapplicant has complied in all respects with all of the requirements of the Cit~ Ordinances, and then some. He said the applicant is asking for a rezoning. The ~concerns regarding drainage, etc., would be addressed under subsequent approval processes. He requested the City Commission's approval. In Commissioner Harmening's opinion, a PUD was inserted in the zoning code in approximately 1973 at the request of staff members in order to accommodate new developments, primarily annexations. Normally property is annexed in the R1AAA zone and after the developer was ready to develop it, some of it went into a PUD.. In some cases nearly all of it went into a PUD. The only reason the PUD is lin the zoning ordinance is because it was thought that some of the annexed land was suitable and it might be a good idea for the City to have a zoning classification approved PUD. However, zoning comes down basically to what is in - 17 - HINUTES - REGULAR CITY CONHIS$ION HEETING BOYNTON BEACH, FLORIDA JULY 21, 1992 the best interests of the land, what is the highest and best use that the land can be used for, and what will benefit the property owner, citizens, and City the most. Commissioner Harmening did not think a planned unit development is appropriate in this City, particularly on this property. He did not think it was the highest and best use of this land, especially with the added impacts of the increased density on the preserve area and on drainage. He was, therefore, not in favor of the rezoning for this property. He felt the R1AA zoning that has been in place is the more appropriate zoning for several reasons which have been previously enunciated and is in keeping with the zoning in the area on nearly all sides of it. Consequently, he saw no reason to change it. Commissioner Aguila agreed with Attorney Perry that he, as well as the appli- cant, have provided all of the things the Code require. Commissioner Aguila did not feel he had enough information to make a responsible decision and sees problems with this project, which he explained at the May 19, 1992 meeting. He understood the property owner's rights to develop and do what he feels is appr~opriate. At the May 19th meeting he reviewed a long list of concerns he had with this project. He stated what he felt were the City Commission's responsi- bililties in reviewing the rezoning request and his concerns not only with the requ!est but with the level of information provided, not from a Code point of view but from an informational point of view in order to make a judgment. Some of hlis concerns at that time included both internal as well as off site traffic impa!cts, the location of the project ingress and egress, and the location of the seco:nd access point. He stated concerns with the requested number of units withlout enough information as to the ability to accommodate the requested 234 units on site. He was not convinced at the time that they would really fit. He sta~ed concerns with various incentives recommended by staff to encourage the appl!icant to provide more or an increased size of the preserve. He saw where the !applicant has taken advantage of the incentives, those being the size of the lots and the one acre credit for the parks, as well as the dollars in lieu of real recreation on site, but he did not see that the preserve is any larger than what the Code requires it be or that anything was given in return. One of his greatest concerns is the issue of drainage. Whether it has anything to do with the!rezoning or not, he felt this is relevant. He felt the drainage~is going to create a potential large problem for the wildlife. He said it has been two months now and all the City has received to date is a new drainage plan that is questionable as to whether it would or would not be approved. He contended that theipreserve is in the worst possible place on the site and that theigopher tor- toises and any other wildlife there is probably not going to survive:this radi- calichange to their habitat. Based on the fact that none of his concerns have been addressed at all, he felt very uncomfortable granting this .request. Notion Commissioner Aguila moved that this application for rezoning be denied based on the following points: - 18- HINUTES - REGULAR CITY COHHI$SION NEETING BOYNTOH BEACH, FLORIDA ~ULY 21, 1992 Be That sufficient information has not been provided to this Commissioner and this Commission to adequately determine the eventual feasibility of the request as stated; That site, as submitted, is not consistent with the current development pat- terns in the area; and C. That there currently exists an adequate zoning classification in place. Commissioner Harmening seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-0. MAYOR WEINER DECLARED A RECESS AT 8:21P. M. THE MEETING RESUMED AT 8:35 P. M. 2. Project Name: Agent: Owner: Location: Description: Nodular Hodel Home Sales Center 3im Zengage Walter Dutch Southeast corner of NW 7th Court and Boynton Beach Boulevard SITE PLAN: Request to construct a modular model home with sales office, associated parking area, and landscaping on a .22 acre vacant site. On behalf of the Planning Director, Mike Rumpf presented this request of Jim Zengage, President of Rockwell Development Company, who is requesting to construct a building that is designed and constructed to represent a modular home product that his company sells to interested buyers. The modular home will contain a sales office located at the northeast corner of Boynton Beach Boulevard and N. W. 7th Court, immediately west of Wendy's Restaurant. Staff has reviewed the proposed site plan and determined that it complies in general with alt City codes. However, it should be noted that in recognition of the uniqueness of this request, staff is recommending that the following requirements of the site plan be waived: 1. The inclusion of a six foot high buffer wall to buffer the adjacent residen- ces with this commercial use; and 2. Full compliance with the Community Design Guidelines. Since the use is temporary and has residential characteristics, staff does not feel that the buffer wall is necessary. Furthermore, staff does not recommend that all of the Design Guidelines be applied (i.e. building materials and features) as this would greatly alter the model which represents the homes that are being marketed by the applicant. On July 14, 1992, the Planning and Development Board forwarded this request to the City Commission with a recommendation for approval, based upon the following conditions: - 19 - HINUTE$ - REGULAR CITY C014t4I$$ION HEETING BOYNTON BEACH, FLORIDA JULY 21, 1992 1. That the use be approved for four years, at which time the site must be vacated or an extension be granted to the applicant; e That the recommendation from the Building Department regarding a 110% cash bond be amended to require only the removal of the structure and foundation when the use is vacated; 3. That the shrubs along the vehicle use area be allowed to grow to a minimum height of six feet; and e That the applicant work with staff to visually enhance the south side of the site (building and/or landscaping) in order to improve its appearance from Boynton Beach Boulevard. Commissioner Harmening was not in favor of deleting the wall, saying that this is a, commercial use; it is commercially zoned; and the model itself may not be commercial in one sense, but it has an office in it which is definitely commer- ciall. It is going to be there for a long time. The ordinances long called for walls to border a residential district from commercial. He did not think that any iof our people, including the City Manager, has any authority whatsoever to waive this requirement. As long as this is a dry model and if the City has suf- ficiient funds to insure it will be torn down at the end of the cycle, he would be i!n favor of it, with the wall. Commissioner Walshak pointed out that waiving the iwall was only a recommendation. Jim ~Zengage of 2499 Glades Road, Suite 104, Boca Raton, was present. Commissioner Aguila wanted to know if the comments made at the Planning and Development Board were resolved. Discussion at that meeting included the impact that the south elevation would have on Boynton Beach Boulevard, the possibility of ilnstalling a window and informing potential buyers that it is not included, a fire hydrant versus a sprinkler system, and removal of the spotlight on the buillding that shines towards the north. Mr. Zengage advised that estimates are stilil coming in regarding a fire hydrant versus a sprinkler system. Con~issioner Aguila wanted one or the other. Mr. Zengage had no problem with removing the spotlight. Commissioner Aguila inquired why the irrigation was being provided by City water. John Guidry, Director of Utilities, advised that the policy of the City is that irrigation by City water not be allowed on multiple housing. commissioner Aguila asked Mr. Zengage to consider putting in a well for irriga- tion. Commissioner Aguila stated that if a 5' walkway is required on Boynton Beach Boulevard, he wants the walkway to be 5', not 4'. Commissioner Aguila was concerned with how Mr. Zengage intends to draw people's attention to this corner once the model is placed on the lot. He did not want to see a lot of lights, flags and banners. Mr. Zengage intends to use two Code allowable signs and a flag for on site marketing purposes. Everything else will be done through advertisement. - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BoYNTOM BEACH, FLORIDA ~ULY 21, 1992 Commissioner Aguila agreed with Mr. Zengage that cash bonds to remove landscaping seemsilly. However, he would like Mr. Zengage to provide some proviso that if the person whom he is leasing the land from wishes to have the driveway removed, that Mr. Zengage would so do. Mr. Zengage advised that he already has that agreement with the property owner. Mr. zengage had no problem with the bond issue. He said the bonding company requested that the City provide a form and format so they can turn it into what the City needs. Attorney Goren advised that this was not a problem. Mr. Zengage offered to plant something large and flowering on the south side of the building. He will post a sign indicating that the window is not included. He will remove the spotlight, consider installing a well, and make the sidewalk 5' i!f that is what the Code requires. However, he would like to erect a sha- dowbox fence in place of the masonry wall. Commissioner Aguila was not opposed to tlhis; however, this was not agreeable with Commissioner Harmening. He was not lin favor of waiving Code requirements. Commissioner Walshak would rather see isome sort of vegetative fence, landscaping trees, or shrubs. He said the area) needs landscaping, not solid block walls. Aesthetically, a solid concrete block wall would look terrible and not add anything to the community. He felt it Would be better to plant as much landscaping between the commercial and resi- dential as possible. A solid masonry wall seemed heavy to Commissioner Aguila and ihe felt it would take up a lot more space. MayOr Weiner questioned whether a $70,000 home could be construed as affordable housing. She understands that the City needs affordable housing, but she was not in favor of a model home on Boynton Beach Boulevard. Motion Commissioner Aguila moved to approve this request with the following conditions: 1. That the cash bond be provided to cover removal of the building as well as the structural elements; 2. That approval be for a maximum of four years at which time the applicant has the right to come back and request an extension from the Commission; 3. That no banners, flags, lights or other items to attract attention to the building, other than code allowable signage, be allowed on this property; 4. That the south elevation be enhanced with further landscaping and the possi- bility of at least one window; and 5. That he provide a 6' high wooden fence with lush landscaping along the north property line. Commissioner Walshak seconded the motion. Commissioner Harmening did not believe this CommissiOn is privileged to waive the~ordinances. He said the desire to change the ordinance is one thing, but to ignore it is another thing. - 21 - NINUTES - REGULAR CITY CONNISSION MEETING BOYNTON BEACH, FLORIDA ~ULY 21, 1992 Amended Notion Commissioner Aguila rephrased his motion to stand as stated accept for the last issue being that a 6' high masonry wall, stuccoed on both sides and painted, be provided. Commissioner Walshak agreed to the amended motion. The motion carried 3-1. Mayor Weiner cast the dissenting vote. VIII, LEGAL A, Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 092-40 Re: Employees Pension Board - Amend Ordinance No, 092-7 to provide for a new investment policy schedule (increasing equity cap from 35% to 40%) Attorney Goren read Proposed Ordinance No. 092-40 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 092-7 TO PROVIDE FOR AN AMENDED INVESTMENT POLICY; PROVIDING THAT EACH AND EVERY OTHER PART OF ORDINANCE 092-7 NOT HEREIN SPECIFICALLY AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Notion Commissioner Harmening moved to adopt Proposed Ordinance No. 092-40 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-0. 2, Proposed Ordinance No, 092-41 Re: Adoption of the Standard Building, Plumbing, Nechantcal and Gas Code, 1991 Edition Attorney Goren read Proposed Ordinance No. 092-41 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5, BUILDING, HOUSING AND CONSTRUCTION REGULATIONS; PROVIDING FOR THE ADOPTION OF THE STANDARD BUILDING, GAS, MECHANICAL AND PLUMBING CODES, 1991 EDITION; DELETING SECTION 5-7, STANDARD FOR THE INSTALLATION OF ROOF COVERINGS PROVIDING FOR CONFLICTS, SEVERABi[i'~Y, CODIFICATION AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Harmening moved to adopt Proposed Ordinance No. 092-41 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-0. 3. Proposed Ordinance No. 092-42 Re: Adoption of the amendments to the Standard Building, Plund)lng, and Nechanlcal Code - 22 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1992 Attorney Goren read Proposed Ordinance No. 092-42 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5, BUILD.ING, HOUSING AND CONSTRUCTION REGULATIONS; PROVIDING FOR THE ADOPTION OF THE STANDARD BUILDING, GAS, MECHANICAL AND PLUMBING CODES, 1991 EDITION; DELETING SECTION 5-7, STANDARD FOR THE INSTALLATION OF ROOF COVERINGS PROVIDING FOR CONFLICTS, SEVERABiLITY, CODIFICATION AND PROVIDING AN EFFECTIVE DATE. Commissioner Aguila moved to adopt Proposed Ordinance No. 092-42 on second and final reading. Commissioner Harmening seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-0. 4, Proposed Ordinance No, 092-43 Re: Adoption of Boynton Beach Swlmmlng Pool Code Attorney Goren read Proposed Ordinance No. 092-43 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5 BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS; ADOPTING A NEW SWIMMING POOL CODE; PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Harmening moved to adopt Proposed Ordinance No. 092-43 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-0. B, Ordinances - 1st Reading: None. C, Resolutions 1, Proposed Resolution No, R92-115 Re: Water Service Agreement for Stanley and Barbara Levy (west side of Military Trail, south of Woolbrtght Road) Attorney Goren read Proposed Resolution No. R92-115 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 WATER SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND STANLEY LEVY AND BARBARA LEVY, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. - 23 - MINUTES - REGULAR CITY CONNISSION MEETING BOYNTON BEACH, FLORIDA ~ULY 21, 1992 Morton Commissioner Harmening moved to adopt Proposed Resolution No. R92-115. Commissioner Aguila seconded the motion which carried 4-0. Proposed Resolution No, R92-116 Re: Authorize execution of new Indemnl~ Agreement Applications for the Florlda Municipal Insurance Trust/Florida League of Ctttes Attorney Goren read Proposed Resolution No. R92-116 by title only: Motion A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THREE (3) INDEMNITY AGREEMENT APPLICATIONS TO PROVIDE FOR CONTINUED COVERAGE BY THE FLORIDA LEAGUE OF CITIES; A COPY OF SAID INDEMNITY AGREEMENT APPLICATIONS ARE ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Commissioner Aguila moved to adopt Proposed Resolution No. R92-116. Commissioner Harmening seconded the motion which carried 4-0. 3, Proposed Resolution No, R92-117 Re: ~endnmnt to the orlglnal agreement between Palm Beach County Housing and CoffmunJty Development and the City of Boynton Beach reference Community Development Block Grant Sub Area #1 - 11th, 12th and 13th Avenues Attorney Goren read Proposed Resolution No. R92-117 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 AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND PALM BEACH COUNTY, FLORIDA, A COPY OF SAID AMENDMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. Motion Commissioner Harmening moved to adopt Proposed Resolution No. R92-117. Commissioner Aguila seconded the motion which carried 4-0. 4, Proposed Resolution No, R92-11B Re: Accepting the proposed Metropolitan Planning Organization Reapportionment Plan Attorney Goren read Proposed Resolution No. R92-118 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE PROPOSED METROPOLITAN PLANNING ORGANIZATION REAPPORTIONMENT PLAN; DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION TO THE METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY IMMEDIATELY UPON PASSAGE. - 24 - HINUTES - REGULAR CITY C01~I$$ION HEETING BOYHTON BEACH, FLORIDA ~ULY 21, 1992 Hotlon Commissioner Harmening moved to adopt Proposed Resolution No. R92-118. Commissioner Aguila seconded the motion which carried 4-0. Proposed Resolution No, R92-119 Re: Proposed Hurricane Prop~redness Plan between the City of Boynton Beach and Florida Public Utilities Company Attorney Goren read Proposed Resolution No. R92-119 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 HURRICANE DISASTER AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA PUBLIC UTILITIES COMPANY/FLO-GAS CORPORATION TO PROVIDE EFFICIENT AND TIMELY RESPONSE TO ANY GAS-RELATED EMERGENCIES RESULTING FROM A HURRICANE IN THE CITY; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Harmening moved to adopt Proposed Resolution No. R92-119. Commissioner Aguila seConded the motion which carried 4-0. 6, Proposed Resolution No, R92-120 Re: Authorize execution of an amendment to the original contract between Stanley Consultants and the Clty of Boynton Beach reference engineering servtces for the Utlllty OataAcqulsltlon and Control System ' Attorney Goren read Proposed Resolution No. R92-120 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 AMENDMENT NO. 2 OF THE AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES - WEST WATER TREATMENT PLANT BETWEEN THE CITY OF BOYNTON BEACH AND STANLEY CONSULTANTS, INC.; A COPY OF SAID AMENDMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. #orlon Commissioner Aguila moved to adopt Proposed Resolution No. R92-120. Commissioner Harmening seconded the motion which carried 4-0. 7, Proposed Resolution No, R92-121 Re: Authorize execution of agreement between the City of Boynton Beach and the Drug Enforcement Administration for utilization of the. City's Firing range to conduct tralntng of its agents and employees Attorney Goren read Proposed Resolution No. R92-121 by title only: - 25 - MINUTES - REGULAR CITY COMMISSION MEETING BOYHTON BEACH, FLORIDA ~ULY 21, 1992 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE DRUG ENFORCEMENT ADMINISTRATION, WEST PALM BEACH RESIDENT OFFICE, FOR UTILIZATION OF THE CITY'S FIRING RANGE TO CONDUCT TRAINING OF ITS AGENTS AND EMPLOYEES; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. With regard to this Proposed Resolution and Proposed Resolution No. R92-122, Commissioner Aguila asked if the D.E.A. and the F.D.L.E. will bring their own supplies or if they are going to pick up a certain amount of the operating costs. Chief Hillery advised that they will bring their own ammunition and targets and the City will provide a range master. It will not cost the City anything. Motion Commissioner Aguila moved to adopt Proposed Resolution No. R92-121. Commissioner Harmening seconded the motion which carried 4-0. 8, Proposed Resolution No, R92-122 Re: Authorize execution of agreement between the City of Boynton Beach and the Florida Department of Law Enforcement for utilization of the City's Firing Range to conduct training of its agents and employees Attorney Goren read Proposed Resolution No. R92-122 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 CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT, FOR UTILIZATION OF THE CITY'S FIRING RANGE TO CONDUCT TRAINING OF ITS AGENTS AND EMPLOYEES; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Harmening moved to adopt Proposed Resolution No. R92-122. Commissioner Aguila seconded the motion which carried 4-0. 9, Proposed Resolution Ho, R92-123 Re: Designating authorized individuals to prepare, sign and countersign checks, vouchers and withdrawal slips drawn on City depositories Attorney Goren read Proposed Resolution No. R92-123 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING AUTHORIZED INDIVIDUALS TO PREPARE, SIGN AND COUNTERSIGN CHECKS, VOUCHERS AND WITHDRAWAL SLIPS DRAWN ON CITY DEPOSITORIES. - 26 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1992 otion Commissioner Harmening moved to adopt Proposed Resolution No. R92-123. Commissioner Aguila seconded the motion which carried 4-0. D, Other None. IX, OLD BUSINESS A, Canmunlty Development Block Grant - Sub Area #1 (NE 11th, 12th and 13th Avenues) - Indemnification to Overhead Uttlitles,,,,,.,TABLED Motion Commissioner Harmening moved to remove this item from the table. Commissioner Aguila seconded the motion which carried 4-0. MikeKazunas advised that the City is proceeding to work around the underground telephone cable which will be left in and probably will not cause any future problems with house connections. The indemnification letter goes to Florida Power and Light, who owns the poles. In the future, the telephone will tie into those poles if Florida Power and Light is comfortable with the indemnification letter. The pressure is off as far as any delays. The result is that there are now two poles--a new Florida Power and Light pole which has power, and an old Flor~ida Power and Light pole which has telephone on it. These are within two to five feet of each other. That situation will stay until this issue is resolved. Attolrney Goren stated he had reviewed the redrafted proposal from Florida Power and iLight Company. He made an attempt to contact their local counsel in Miami this! afternoon but she was unavailable. To move the item forward, based upon the irecommendations of staff, he suggested approving this conditioned upon furtlher legal review by the City Attorney's Office in connection with the provi- sionl of the document referencing indemnification. He did not think it was the inteint of the company to require the City to open-endedly indemnify. He thought it was supposed to be a limited liability issue. He asked the City Commission to siubject their approval this evening to that final review by him in the con- text!s of that one provision, but to move forward notwithstanding. Motiion Commissioner Aguila moved to approve this with the proviso that the Legal Depalrtment continue to research and resolve it. Commissioner Harmening seconded the motion which carried 4-0. Consider request from the North Boynton Beach Task Force to pass a nuisance abatement ordinance and establish a Nuisance Abatement Board - 27 - M~HUTE$ - REGULAR C~TY C01~$$~0N MEETING BOYNTON BEACH, FLORZDA ~ULY 21, 1992 Commissioner Aguila could not see the enforceability of this ordinance. Commissioner Walshak explained that if the Board declares a business to be a nuisance based on the premise that they have had two or three violations of this Code in the last six months or a year, however the ordinance is set up, then the Board could issue the revocation of the occupational license at that business location. He advised this has been very successful in Fort Lauderdale and Hollywood. He suggested going to workshop on this matter to discuss it thoroughly and look at some of the ordinances already in place. He felt this particular ordinance does not go far enough because it is only directed toward drug abuse and gang related events. He felt prostitution, bookmaking, and the sale of illegal weapons should also be included. Commissioner Harmening pointed out that repercussions can occur if this is not done properly. He wondered if we were going to be able to get an attorney to sit on this Board as Chairman, free of charge. He mentioned other cost implica- tions that may be involved, such as liability. Motion Commissioner Aguila moved to table this matter and hold a workshop. He further moved to invite the North Boynton Beach Task Force, the Community Relations Board, the Police Chief, and anybody else who wants to be a part of this, to the workshop. Commissioner Walshak seconded the motion which carried 4-0. Mr. Miller will scheduled the workshop for early August. C, Proposed referendum regarding funding and infrastructure for pro- posed high school (Old Boynton Road and Congress Avenue) City Manager Miller advised that if the Commission wishes to be on the November ballot, the Supervisor of Elections must be notified by September 2, 1992. Therefore, an ordinance would have to be prepared for first reading on August 4, 1992 in order to meet that deadline. About a month ago, a letter was sent under Mayor Weiner's signature, requesting a workshop with the School Board members regarding the proposed high school. There was very little response and a date has not been set yet. Therefore, another letter will be sent. It was the consensus of the City Commission to hold off on this until the March referendum, until the City can make progress with the School Board, and until it is determined whether or not the Congress Avenue site is a viable site. X, NEW BUSINESS A, Items for discussion requested by Mayor Arllne Weiner 1, Consider placing a new and revised Palm Beach County Commission district election plan before the electors of Palm Beach County during the 1992 November general election HINUTE$ - REGULAR CITY COMMISSION HEETING BOYHTOH BEACH, FLORIDA OULY 21, 1992 Mayor Weiner distributed copies of Resolution No. R92-18 passed by the Village of Palm Springs. She stated that there has been much discussion regarding the election of the County Commissioners by single member district. It was her opinion that people do not get the attention of the entire Commission when they are elected from a single member district. She felt the citizens of Palm Beach County were better served when the Commissioners ran on a county-wide basis. She asked if the Commission would be in favor of a referendum going on the ballot to ask the electors of Palm Beach County whether or not they would like to elect the Commissioners on a county-wide basis. Notion Commissioner Walshak moved to endorse Resolution No. R92-18 of the Village of PalmSprings. Commissioner Harmening seconded the motion which carried 4-0. Mayor Weiner requested that a copy of the Resolution be sent to the 37 munici- palities in Palm Beach County and to the Palm Beach County Municipal League. B, Items for discussion requested by Vice Mayor Lynne Matson 1. Telephone exchange problem In Horth Boynton This item was tabled due to the absence of Vice Mayor Matson. C, Items for discussion requested by Commissioner Oose Agutla 1, Landscaping/beautification for medians on Woolbrlght Road west of 1-95 On behalf of the residents of Leisureville and all who use Woolbright Road, Commissioner Aguila asked for the Commission's blessings on sending either a Resolution or strong letter of encouragement to the County Commission to get moving on the landscaping of the medians between Congress Avenue and 1-95. He understands the funding is there and would like the County Commission to put this on the front burner. Wilbur J. Lynch, President of the Boynton Leisureville Community Association, Inc. has been writing the Commissioners and has been getting the usual preprinted letter saying they will get back to him, but nothing seems to be happening. It was the consensus of the City Commission to direct Mr. Miller to proceed with Commissioner Aguila's request. 2. Proposed Resolution to County Commissioners Re: Direct Communication on Upcoming Ordinances Commissioner Aguila said some time ago the County and the Municipal League worked out an arrangement by which the Municipal League members and the Municipal League would be made aware of upcoming ordinances and things the County is planning on making law. As time has passed, it has become apparent that the County Commission thinks less and less of the Municipal League and they have been bypassing and ignoring them. Their latest decision in-house was that no correspondence be had with individual communities if those communities are - 29 - MINUTES - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA JULY 21, 1992 members of the Municipal League. They are supposedly sending everything, but it is being found that they are being arbitrary about that as well. They are sending information to the Municipal League and expecting the Municipal League to pass on that information to the member cities. This puts an incredible bur- den on the Municipal League. Commissioner Aguila moved to send a very strongly worded Resolution to the County Commission that the City would like direct contact from the Public Affairs Department to keep the City of Boynton Beach informed of all future and/Or contemplated ordinances in a timely fashion so that the City can par- ticiPate in discussions. Commissioner Harmening seconded the motion which carried 4-0. D, Items for discussion requested by Co~nlssloner Bob Walshak 1, StormwaterMaster Plan and Stormwater Utility This item has been deleted by Commissioner Walshak. Request from Heaven's Gate to hold an "Outdoor Community Come Together Concert" on July 26, 1992 at the Old NCNB site, Boynton Beach Boulevard and Congress Avenue This item was moved up on the agenda. XI, CITY MANAGER'S REPORT A, Update on proposals regarding an investigation into policies/practices of the Police Department With regard to the ethnic diversity training sessions, City Manager Miller said he talked to Bill Gralnick from the American Jewish Committee this past week. Mr. Gralnick has just returned from vacation and needs preparation time. Potential dates for the training sessions to begin include September 1, September 3, and September 10. In the interim, Mr. Gralnick wants to meet with the Police Chief in the month of August and set up a couple of dates for him to ride in a vehicle and do some on sitework in preparation for his presentation before the Police Department. With regard to the investigation into the Police Department, City Manager Miller only has one proposal at this time. He is awaiting response from Tom Battles of the Justice Department. Mr. Battles is attempting to obtain a couple of outside agencies from the District of Columbia who would be amenable to step in and investiagate. Apparently, there are other pressing needs in the State that are in need of Mr. Battles' services and this matter has been put on the back burner at this time. City Manager Miller hoped to have something more concrete as far as comparable proposals by the next meeting. - 30 - NINUTE$ - REGULAR CITY COMMISSION NEETING BOYNTON BEACH, FLORIDA JULY 21, 1992 Commissioner Aguila expressed concerns about letting this matter sit and suggested proceeding with the one entity City Manager Miller does have. Chief Hillery requested that the investigation be performed in a timely fashion because he did not think it was fair to the policemen out on the streets for this matter to linger. XII, OTHER A, Ftve Year Road Plan Mayor Weiner reported that two roads in Boynton Beach have been pushed back on the County's Five Year Road Plan. The widening of the four lanes to six lanes on Congress Avenue between the L28 and L30 canals was pushed back first from 1992 to 1994 and then from 1994 to 1997. Old Boynton Beach Boulevard and Knuth Road was pushed back to 1994. Carrie Parker and Mayor Weiner appeared before the County Commission this morning with regard to the Congress Avenue section which goes from six lanes to four lanes to six lanes. Commissioner McCarty did not see a safety hazard because the cars are not bumper to bumper. No decision was imade with regard to this road; however, the County Commission is going to look into the problem with Knuth Road and Old Boynton Beach Boulevard. XIII, ADJOURNMENT There being no further business, the meeting properly adjourned at 9:48 P. M. ATTEST: City Clerk ~'~~~) (Three Tapes) THE CITY OF BOYNTON BEACH Mayor / / Vice Mayor ~er Cdmmissioner - 31 - AGENDA July 21, 1992 II. CONSEI~ AGENDA C cc: Rec, Util, Fin A & B PIPE AND SUPPLY CO. $ P.O. # 1857 - Items needed to complete 2" Water Main Re- placement - $4326.50; P.O. 2029 - Stock items for installing Water Services - $2732.00. Pay from W & S Utility Rev---421-000-O-690-21 $4326.50 Pay from W & $ Rev 401-333-5-398-00 2658.00 Pay from W & S Rev 401-333-5-387-00 74.00 ACCURATE TENNIS COURTS Resurface Tennis Courts at Galaxy Park. Pay from Public Svs Tax Constr---301-721-5-629-11 Commission approved 5/19/92 ALLIED LIME Blanket P.O. 221 - Pebble Quicklime for Water Plant. Pay from W & S Rev---401-332-5-365-O0 BELL SOUTH COMMUNICATIONS SYSTEM Compact Norstar Telephone System · Ezell Hester Park and additional lines for Recreation & Police Pay from Public Svs Tax Constr---301-721-5-640-27 $2904.34 Pay from Public Svs Tax Constr---301-721-5-642-02 473.99 BOB'S BARRICADES, INC. Partial payment P.O. 1683 - Safety Items for 12" Main. Pay from 1990 Constr Fund---409-000-O-690-10 CAMP DRESSER & MCKEE, INC. Pmt. #4 - Stormwater Master Plan Phase I - services thru 5/23/92. Pay from Stormwater Utilities Fund---425-000-O-692-10 DAVIS WATER & WASTE INDUSTRIES, INC. Blanket P.O. 230 - Monthly rental of Air Scrubber for Sewage Pumping. Pay from W & S Rev---401-352-5-499-00 CONSTRUCTION CATERING, INC. Blanket P.O. 2294 - Summer Food Service Program · Wilson Center - 580 Breakfast & 750 Lunches. Pay from General Fund---001-O00-O-158-90 FLORIDA DESIGN IRRIGATION Final payment Xeriscape East Water Treatment Plant Compound. Pay from Utility Cap Improve---404-O00-O-690-10 Commission approved 1/7/92 7,058.50 3,237.00 14,856.89 3,378.33 2,729.50 13,087.00 3,750.00 1,240.50 11,966.00 COMMISSION JUL 21 1992 APPROVAL 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. FLORIDA SERVICE ENGINEERING, INC. 4 Polysonic Flow Meters for Utility Pumping Stations. Pay from W & S Utility Rev---421-000-0-691-21 9,800.00 W.W. GOOGE TRUCKING, INC. Trap Sand for Golf Course. Pay from Golf Course Constr---412-O00-O-694-10 1,002.86 IBM CORP. Blanket P.O. 41 - Annual On-Site Maintenance for AS/400 Equipment. Pay from various departments. 1,693.31 JOSIAS & GOREN, P.A. Statement for Professional Services June, 1992 - $6431.10; Sloan Conveyance - $70.00; Barfield Lawsuit - $925.70; McGowan Arbitration - $142.75; Summit Associates, Inc. - $474.20; Manders Gift to City - $50.00; Farm Stores, Inc. (Bankruptcy) - $50.00; DCA Comp Plan - $110.00; Independence Mortgage Corp - $30.00; Cook Construction - $386.40; Macy & Co - $104.20; Mrotek Lawsuit - $50.00; Fine Line Striping, Inc. - $40.00; Utility Refunding Bonds (1992) - $5000.00; Demarest Arbitration - $4477.65. 18,432.00 KLAUSNER & COHEN~ P.A. Professional services for Police Pension Fund. Pay from Police Pension---612-138-5-468-O0 1,663.00 KNIPES-COHEN OF FLORIDA, INC. Arbitration - Palm Bch County P.B.A. & City of Boynton Beach(Demarest) 6/3 & 6/4/92. Pay from General Fund---001-141-5-467-O0 1,701.49 MURRAY LOGAN CONSTRUCTION Blanket P.O. 1217 - Pmt. #2 - Replacement of Pump Stations from 6/1 to 6/30/92. Pay from W & S Utility Rev---421-000-O-691-21 47,880.00 PEROXIDATION SYSTEMS INC. Blanket P.O. 244 - Hydrogen Peroxide for Odor Control. Pay from W & S Rev---401-352-5-365-00 13,870.35 POOLE & KENT COMPANY Blanket P.O. 858 - Construction of W. Water Treatment Plant - Pmt.#5 from 6/1 to 6/30/92. Pay from 1990 Constr Fund---409-000-O-690-10 Commission approved 12/3/91. 511,116.83 QUALITY GRASSING & SERVICES, INC. Blanket P.O. 1742 - B.B. Municipal Golf Course Project Phase I - Pmt. #5 from 6/24 to 7/13/92. Pay from Golf Course Constr---412-O00-O-694-10 70,559.59 COMMISSION JUL ~! ].992 APPROVAL 20. 21. 22. 23. 24. SAFETY-KLEEN CORP. Annual Service contract for Vehicle Service & Golf Course. Pay from Vehicle Service---501-193-5-361-00 $1439.74 Pay from Golf Course 411-726-5-361-00 280.50 SAV-ON UTILITY SUPPLIES, INC. Items needed to complete 2" Water Main Replacement. Pay from W & S Utility Rev---421-O00-0-690-21 SANTANA PRODUCTS Budgeted Beach Repairs - Installation & Demolition of 17 Bathroom Stalls. Pay from Public Svs Tax Constr---301-192-5-629-01 SEALAND CONTRACTORS, INC. Blanket P.O. 86592 - Pmt. %17 for Ezell Hester Park. Pay from Public Svs Tax Constr---301-721-5-640-03 SOUTH CENTRAL REGIONAL WASTE WATER TREATMENT BOARD Odor Abatement Training and Start-up Service - $3404.65; Odor Abatement General Services During Constr - $2609.30; Odor Abatement Extra Engineering Services - $10,866.15. Pay from Utility Cap Improve---404-000-0-691-20 1,720.24 6,973.25 6,806.00 32,597.33 16,880.10 25. 26. SOUTH CENTRAL REGIONAL WASTE WATER TREATMENT BOARD User charges for treatment and disposal of wastewater for month of June, 1992. Pay from W & S Rev---401-353-5-490-09 SOUTHEASTERN MUNICIPAL SUPPLY Backflow Preventers for Utility Pumping Stations. Pay from W & S Rev---401-352-5-642-00 147,442.45 1,076.00 27. STANLEY CONSULTANTS, INC. Engineering/Consultant Management Services for WWTP from 4/26 TO 5/30/92 - $35,680.00 & 6/1/ to 6/27/92 - $42,150.00. Pay from 1990 Constr Fund---409-000-0-690-10 77,830.00 28. TARE LAWN MAINTENANCE Blanket P.O. 68 - Landscape Maintenance Services. Pay from General Fund---001-722-5-430-15 4,930.00 29. TRI-W RENTAL Blanket P.O. 1559 - Loader Rental for Heavy Load of 12" Pipe/ Concrete/Backfill for 12" Watermain-Military Trail. Pay from 1990 Constr Fund---409-O00-O-690-10 5,060.40 30. VAN WATER & ROGERS, INC. 1,226.40 Blanket P.O. 267 - Insecticides/Herbicides for Golf Course. Pay from Golf Course---411-726-5-361-O0 COMMISSI-ON JUL 21 1992 APPROVAL 31. 32. VULCAN INC. 75 Galv. Post, 40 Stop Signs and 30 Speed Limit 25 Signs for Roads & Streets. Pay from General Fund---O01-411-5-348-O0 XEROX CORP. Copy Paper, Copy Cartridges & Dry Ink for Warehouse. Pay from Warehouse Fund---502-O00-O-410-10 1,539.60 5,802.00 These bills have been approved and verified by the department heads involved, checked and approved for payment. Gra~rector I therefore recommend payment of these bills. Added: 33. 34. ,~Scott Miller, City Manager Moyle, Flanagan, Katz, Fitzgerald & Sheehan Bond Cousel Fee 62,85].80 Palm Bch County Solid Waste Authority Use of County Landfill for month of June, ]992. 54,372.05 COMMiSSiON JUL ~! 1992 APPROVAL