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Minutes 06-16-92NINUTES OF THE REGULAR CITY CONNISSION NEETING HELD IN COI~4ISSION CHANBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 16, 1992, AT 7:OO P. N. PRESENT Arline Weiner, Mayor Lynne Matson, Vice Mayor Jose Aguila, Commissioner Edward Harmening, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I, OPENINGS A, Call to Order B. Invocation C, Pledge of Allegiance to the Flag Mayor Weiner called the meeting to order at 7:00 P. M. and after a moment of silent prayer, led the Pledge of Allegiance to the Flag. D, Agenda Approval 1. Additions, Deletions, Corrections Vice Mayor Matson added I.E.4, Update and Donation from the Royal Poinciana Festival, and VIII.B.1, Report on her appearance before the County Commission regarding the Community Development Block Grant. Commissioner Aguila added VIII.C.3 to request a volunteer to attend the Metropolitan Planning Organization meeting in his place. Mr. Miller deleted XI.D.1. regarding Ruiz vs. Officer Mary Hooper, et al. The City made a settlement offer and has not received a response yet. Therefore, Mr. Miller had nothing to report. He added X.H. regarding the beautification project on Martin Luther King Boulevard rejection. Mayor Weiner added I.D.3, Presentation of Certificate of Appreciation, and I.E.5., Proclamation. 2, Adoption Vice Mayor Matson moved to adopt the agenda as amended. Commissioner Aguila seconded the motion which carried 5-0. 3, Presentation Mayor Weiner presented Bob Matson with a Certificate of Appreciation for volunteer support provided to the City's 1992 Royal Poinciana Festival held on Saturday, June 6, 1992. - 1- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1992 E, Announcements 1, Special City Commission Meeting June 23, 1992 at 7:00 P, M, Re: Master Plan for Intracoastal Park Site and Quantum Park Site Mayor Weiner announced this upcoming meeting. Speclal City CommlsslonNeetlng June 29, 1992 at 7:00 P, N, Re: Master Plan for Meadows I and 2 Park Sites and Boynton Lakes Park Site Mayor Weiner announced this upcoming meeting. 3, Accept $2,000 donation from Castoff Square Dance Club Mr. Miller recognized the Castoff Square Dance Club for their donation of $2,000 to the Recreation and Park Department. 4, Update and Donation from the Royal Poinciana Festival ViceiMayor Matson said a couple of years ago she and her husband donated seeds to the City nursery. The seeds have grown into four foot tall trees and her husband sold eighteen of them for a very nominal price of $10 each at the first , Royal Poinciana Festival. $80 of this money is going to be kept in an account to be used for the festival next year, and the remaining $100 is being donated to the General Fund. She thanked her husband, Kevin Hallahan, Laura Widmer, and Raleigh Jenkins for their assistance. 5, Proclamation Mayor Weiner read a proclamation declaring June 16th to be Day of the African Child. Iii, BIDS None, IIIi, PUBLIC HEARING Project Name: Agent: Owner: Location: Description: Mobil 011 Service Station Julian T. Bryan III Lennar Homes Southeast corner of Congress Avenue and Hypoluxo Road Conditional Use: Request for site plan approval to construct a service station, convenience store and car wash on a 0.845 acre site. Chris Cutro, Planning Director, stated this application for conditional use is a request for a convenience store with gas pumps and a car wash at the southeast corner of Hypoluxo Road and Congress Avenue. The station is to be constructed on a parcel that is not included in the Boynton Lakes Plaza site plan. The plan -2- NINUTES - REGULAR CITY CONNI$$ION NEETING BOYNTON BEACH,, FLORIDA ~UNE 16, 1992 for this use has been reviewed by staff and determined to meet the criteria of the site plan, parking, landscape and Community Design codes. At its June 9, 1992 meeting, the Planning and Development Board reviewed this conditional use and forwarded it to the City Commission with a recommendation for approval. In response to several questions posed by Commissioner Aguila, Mr. Cutro advised of a series of cross-access agreements and said some of the water and sewer works off of that site. The land ownership is independent; however, they are sharing certain infrastructure improvements. In 1986 when the Boynton Lakes Plaza site plan was originally proposed, this corner was specifically left out of that site plan with no development indicated on it at all. Request for development occurred eighteen to twenty months ago. There was a question as to the applicability of the old ordinance regarding the fifteen hundred feet distance. There is a Farm store that sells gas to the west of the service sta- tion in the Meadows Shopping Center. The applicant sought and was denied a variance at one point in time. However, the new code is more stringent. The applicability is about the same on the site because it is on a corner of two arterials. Mayor Weiner asked if the comments of the Utilities Department and the Fire Department were met. Mr. Cutro advised those comments have been met. Commissioner Harmening was concerned that the filter only accommodates two and a half inches of rainfall from this site. Mr. Cutro advised that two and a half to three inches of rainfall accommodation is acceptable under the code. Commissioner Harmening pointed out that there was five to six inches of rainfall this past weekend. He asked if staff or the developer brought forth any studies of what would transpire in a situation like this. Mr. Cutro advised that because the drainage plan meets the criteria set out as part of the platting ordinance, staff did not ask for any additional studies on this point. Mike Kazunas, City Engineer, stated that the studies indicate that the first flush is basically one inch of runoff and all pollutants are washed off in the first one inch. After that you are getting bascially rain water that is not polluted. Our filtration system holds back the first two and a half inches so we have a little bit of a safety factor there. Commissioner Walshak asked if a DERM permit is necessary. Mr. Cutro answered in the affirmative and believed the applicant has it. Vice Mayor Matson referred to signed agreements between Boynton Lakes Plaza Corporation, Lennar Homes, the Florida Department of Environmental Regulation, South Florida Water Management District, and DERM. She said the people bought their property abutting recreation lakes, not storm drains. She wanted to know why the owners of the lakes were not notified that these agreements were being signed, and if Lennar could have signed them. Martin Perry, the applicant's attorney, said the Boynton Lakes Community HomeOwners' Association acquired the lakes through the plats and that the language of the plats specifically qualifies the dedication by additional language. He read paragraph 4 of Plat No. 5 and said this language limits the dedication because it puts the property owners on notice that there are certain -3- #INUTE$ - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA OUNE 16, 1992 aspects that go along with these lakes, including drainage and structures in the lakes for the purpose of retention of storm water. By virtue of the additional language in the plat, there was no reason for additional notification. There were other people that had rights to those lakes and that was the creator of the entire development which conveyed the lakes to the homeowners' association. This is the way all developments are done. Mr. Cherof reminded everyone that under.the rules of procedure for this type of public hearing that the initial burden is on the landowner to present appropriate information, testimony, and documents to support the application to show its consistency with the Comprehensive Plan and with the development cri- teria of the ordinance. He said Mr. Perry's comments are not to be construed as this kind of evidence; the comments of an attorney are not evidence in this regard. Mr. Perry stated his comments were taken directly from the plat and are not opinions but facts. Julian Bryan stated that the recently amended service station ordinance of the City had specific requirements and criteria for site plans, all.of which have been met by the applicant and, in most instances, have been exceeded. He reviewed a drawing as it pertains to the site plan requirements. With regard to concurrency for traffic, Mr. Bryan said this has been addressed and reviewed by the County and there is additional capacity available at this intersection over and above what is proposed. He said the Engineering Department requested that a facility be placed between the pump islands to allow motor oil cans to be inverted so that the last little bit of oil could be drained out to prevent the danger of being introduced onto the paved surface or elsewhere in the facility. This is a standard procedure and Mobil has no problem with it. Commissioner Harmening asked what happens when a half quart of oil is spilled and ipuddles up on the ground. Mr. Bryan said the surface adjacent to the pump islands is all concrete rather than asphalt so it would not be subject to the deterioration that petroleum based products would have on asphalt. If a spill were to occur, it would be wiped up with Stay Dry or one of the products on the market for this purpose. Commissioner Harmening asked what assurance we would have of this. Mr. Bryan said the assurance would be that an unslightly facility is not in the best of interest of the owner and people that operate it. Vice Mayor Matson wondered what the residual effects of all the carcinogens going into the lakes would be on the children and pets who play on the lawns, and iwhat kind of effect these chemicals would have on the grass, plants, and trees that are being watered with this pollutant. After two and a half inches, there is no more pretreatment. Mr. Bryan said the first one inch picks up the poll!utants. The additional one and a half inches of runoff for onsite retention is Ueyond that first one inch. It is presumed that after the first one inch of rainfall that the surface the rain is falling on will be cleaned of the par- ticular impurity being discussed. vice Mayor Matson wanted to know who is going to be held responsible when the plants, trees and grass dies, and the children and pets become sick. Mr. Perry said if a catastrophy of this nature occurs, every environmental board charged with protecting the people would be at Mobil Oil Corporation's doorstep and -4- MXNUTE$ - REGULAR CITY COI414I$SION 14EETXNG BOYNTON BEACH,, FLORIDA JUNE 16, 1992 would not be acting with impunity. He said the applicant has met every ordi- nance that has been set out to meet and staff has reviewed and acknowledged this. The applicant has done everthing that has been asked by the City and various environmental authorities charged with this responsibility. Vice Mayor Matson felt there are environmental concerns that are not being addressed. She was concerned that the residents of the community were not approached to find out what would alleviate their concerns. Mr. Perry said there is no secret or surprise connected with this gas station. This site has been the subject of numerous public discussions. This has been going on now for the past year and a half. At the request of Commissioner Aguila, Mr. Bryan explained how the drainage works and eventually ends up in the lakes. Enrico Rossi, Civil Engineer said his firm has done the overall drainage on this project and had to furnish theSouth Florida Water Management District at the outset a set of master drainage plans that shows how these different pods, including the commercial, are all interconnected. The pipes are now in place. There are two stubs to the commercial site which are intended to carry the flows from that commercial site to the existing drainage basins. The calculations that accompanied this to the City as well as the South Florida Water Management District included all those calculations and the conceptual on all the drainage for all these interconnecting lakes as part of a master plan. Commissioner Harmening was not satisfied that the drainage and filtration system would work in the event of a storm. For a conditional use to be approved, there has to be an evaluation of the economic effects on adjacent and nearby proper- ties and the City as a whole. He assumed this evaluation was done by City staff but was not sure City staff is capable of evaluating the economic impacts since they are not appraisers, AMI or otherwise. Mr. Perry said this outparcel lies in the corner of a twelve acre shopping center. The distance of the property line of the shopping center to the nearest adjacent residential is five hundred feet to the south and eight to nine hundred feet to the east. Common sense and logic dictate that the corners of this major intersection more than likely will be a usage that is other than residential. From the standpoint of impacting outside the boundaries of the shopping center, that impact already exists and it is hard to determine that this service station would create any additional impact over and above the shopping center itself. The shopping center and resi- dentlial property of Boynton Lakes were developed as part of one comprehensive scheme of development. In 1984 this City signed off on an overall master drai;nage plan that included the shopping center so that adverse economic impact, if tihere is one, was one that existed from the beginning. Vice Mayor Matson said she asked the Police Department for a report encompassing the !past four years. The number of accidents at the corner of Congress Avenue and Hypoluxo Road totalled 236. The number of accidents at Boynton Lakes Boul!evard totalled 6. There were 288 incidents at the Farm store on Hypoluxo Roadi behind Publix, including shootings, robberies, loitering, knifings, a man hit in the head with a pipe, vandalism, larceny, and disturbances. She advised of a shooting right down the block a week ago at another Mobil station. She -5- NZNUTE$ - REGULAR CZTY COI414Z$$~ON NEETZNG BOYNTON BEACH, FLORZDA ~UHE 16, 1992 said when there are high speed chases, vandalism, and robberies, and the police are called to the scene of the crime, it is not going to be Congress Avenue and HypOluxo Road that these people flee to. It is going to be down Boynton Lakes Boulevard and into the communities of Boynton Lakes and Boynton Lakes North. Mr. ~Perry questioned if the traffic accidents were of a serious nature and stated this is a guilt by association argument. Traffic improvements at that enti!re intersection are scheduled by the County to start within the next twelve months. The applicant is giving right-of-way for the improvement of that inter- sectiion and has met the traffic performance standards. Mr. Perry concluded by stating the applicant has met all the requirements and requested approval. Richard Yerz, y of 26 Hastings Lane expressed concern about pollution of the lakes, the E4 canal, Lake Ida, Lake Eden, and Lake Osborne. The results could be devastating not only to the flora and wildlife, but also to the value of the properties adjoining these waters. Ray Capoblanco of Boynton Lakes North opposed this conditional use and expressed concern about holdups and shootings at convenience stores. He said he paid $5,000 more for his house because the lake was behind it. Arie Heerema of 2915 Hypoluxo Road said he lives directly across the street from the proposed service station and believes his house is closer to the proposed gas station than allowed. He can smell the fumes from the cars and station from his front yard and said traffic at that intersection is unbelievable. He did not think another gas service was needed. Richard Roedin9 of 3 Verwood Way opposed the service station and spoke of it being a possible fire hazard. Mr, Zmavor of Boynton Lakes North opposed the gas station and asked for the City Commission's support. Dan Tohtll of 23 Bentwater Circle felt cheated that the value of his house is going to be marginally declined because of the gas station which will pollute the lake. MAYOR WEINER DECLARED PUBLIC AUDIENCE CLOSED. Commissioner Aguila was concerned about drainage. He said in Florida there is no such animal as a recreational lake; they are all retention ponds for drainage. However, he felt the people of Boynton Lakes have the right to feel protected. He had doubts that this lake would not be polluted, even under ideal circumstances, and that this proposed gas station would have more of an impact than the Exxon station on Woolbright and Congress. He felt the residents' con- cerns were warranted. MayOr Weiner asked if there was some way to address the drainage. She said if it lis a problem to the people who live in that area, it is a problem to the Commission. -6- #INUTE$ - REGULAR CITY COMMISSION MEETING BQYNTON BEACH, FLORIDA ~UNE 16, 1992 Mr. Perry referred to Comissioner Aguila's comment differentiating between this site and the Exxon site and said there was no distinction. There has to be a positive outfall for all drainage and all positive outfalls end up in some water body. In response to Mayor Weiner's question, Mr. Perry advised that the methods which are accepted and approved by the environmental agencies as well as South Florida, which has it own environmental review, are being used. The County requires that drainage facilities within a planned unit development accept the drainage from the adjacent roads as a condition to approval. The runoff from the fertilizers that are placed on the grounds of this association that also drain into this lake are just as much if not more a pollutant than these items are. Commissioner Aguila asked Mr. Cherof if Section 2 of the revised gas station ordinance passed by the City Commission on March 3, 1992 limits the City Commission with regard to boundaries. Mr. Cherof advised that the City's juris- diction is with respect to. what is within its boundaries.. If the project under development falls within the distance requirement, regardless of where the other structure is located, that rule does apply to the development of the property. Commissioner Aguila pointed out that if Mr. Heerema's house is within two hundred feet of the proposed gas station, the gas station cannot be allowed. Motion Commissioner Harmening also had concerns regarding pollution of the canals and lakes in the area; however, he was more concerned about the economic impact on the houses. He believed Commissioner Aguila raised a good point about the distance requirements and the house immediately to the north. Until these questions are answered, he moved to table this item until the applicant can fur- nish this additional information. Commissioner Aguila seconded the motion. Commissioner Walshak had a point of order. Mr. Cherof advised he could have a point of order but there could be no discussion on the issue. Commissioner Walshak said it seems to be a trend with this Commission that after one or two people speak on certain issues a motion is made' to table. Mayor Weiner ruled that Commissioner Walshak was out of order. The motion carried 3-2. Vice Mayor Matson and Commissioner Walshak cast the dissenting votes. Mr. Perry wished to speak. Mayor Weiner asked for a ruling from Mr. Cherof who said the matter is concluded based on the vote on the motion. Mr. Perry felt he was being deprived of due process. He said the Commission refused to allow him to respond to a comment and made a conclusion without evidence. He said there is a gentleman present who has physically measured the distance and could state under oath that Mr. Heerema's house is not within two hundred feet. Commissioner Walshak asked for a ruling from Mr. Cherof on his point of order being out of order. Mr. Cherof said if the discussion is with respect to the propriety of tabling the item or discussing the item, then any comments on it -7- NINUTE$ - REGULAR CITY COMHI$SION NEETING BOYNTON BEACH, FLORIDA JUNE 16, 1992 would be out of order because it would be in effect a discussion regarding whether or not the motion to table should be considered. Commissioner Walshak said he was not debating the subject itself; he was determining the process by which this panel and the Chairman should be conducting this meeting. Commissioner Aguila felt the Commission has delayed the inevitable when this matter can be dispensed with tonight. Commissioner Walshak did not think the motion should stand because Mr. Cherof recognized that Mayor Weiner did not recognize his point of order. Mr. Cherof clarified that the Chair properly disposed of the discussion on the motion to table; however, a motion for reconsideration could be made by somebody who voted in the affirmative. Notion Commissioner Aguila moved to reconsider this matter tonight. Commissioner Walshak seconded the motion which carried 3-2. Mayor Weiner and Commissioner Harmening cast the dissenting votes. Commissioner Aguila said according to the aerial, Mr. Heerema's house is not within two hundred feet. Mayor Weiner pointed out this issue was only one part of Commissioner Harmening's motion to table. Commissioner Harmening explained that the other two areas in which he expressed great concern are the drainage and economic consequences on the adjacent neighborhoods. He did not feel they have been adequately evaluated and until such time as additional information is provided in these areas, he moved to table the matter. With regard to the drainage, Commissioner Aguila was not sure what else can be provided. Mr. Perry said the engineer is present and prepared to testify that every road within the Boynton Lakes community drains into the lakes. In addi- tion, the oils and sediments from the vehicles on the roads is more significant than will ever come from the proposed gas station because cars drip oil and gasoline as they drive down the roadway. Furthermore, it is a matter of prac- tice throughout Palm Beach County, as well as practically every.other urban county in southeast Florida, that the roadways drain into the lakes within resi- dential developments. Developments are required to accept roadway drainage. Commissioner Walshak stated he has a lot of faith in staff and there are some top professionals throughout staff. He said he is going to make a decision on this matter after listening to both sides, public audience, and Commission discussion, predicated on the fact that the code says in evaluating an applica- tion for conditional use, the Commission shall consider the effect of the pro- posed use on the general health, safety, and welfare of the community. In all three instances, he did not think the burden of proof lies with the applicant and did not think the applicant has proven beyond a shadow of a doubt that he has Protected the general health, safety, and welfare of the community. Mayor Weiner said she is opposed to more gas stations and felt there were more than enough. The intention of the ordinance recently passed allowing gas sta- tions was not to make it easier for gas stations to come into the City, but to -8- HINUTE$ - REGULAR CITY COHHISSZON HEETING BOYNTON BEACH, FLORIDA JUNE 16, 1992 limit the number of gas stations. Until we as a nation insist that the govern- ment provide us with mass transportation and less use of fossil fuel, we are going to get gas stations. In order for the City to deny this application, it has to be prepared to fight a lawsuit. The City is in a very delicate financial state. She said she disussed this with Mr. Cherof who advised her that if the City gets into a lawsuit, it might lose. She did not feel the City needs another gas station; however, she felt a fiduciary responsibility to keep this City from facing what she thought might be a dreadful lawsuit. Hotlon Commissioner Walshak moved to deny the conditional use request for site plan approval to construct a service station, convenience store and car wash on a 0.845 acre site, Mobil Oil Service Station, at the southeast corner of Congress AvenUe and Hypoluxo Road. Vice Mayor Matson seconded the motion. Mr. Cherof advised that the motion is incomplete and must-contain a recitation of the basis for the denial. Amended #otton Commissioner Walshak amended his motion to include that he did not feel that the applicant has addressed all the general health, safety, and welfare of the com- munity requirements of the code. Vice Mayor Matson seconded the amended motion. The motion carried 3-2. Mayor Weiner and Commissioner Harmening cast the dissenting votes. MAYOR WEINER DECLARED A SHORT RECESS AT 8:45 P. M. THE MEETING RESUMED AT 8:53 P. M. Be Project Name: Agent: Owner: Location: Description: Waste Management of Palm Beach Ron Dorris; Ron Dorris Architects, A.I.A., P. A. James and Genevieve Rollyson North side of the cul-de-sac at the east end of Industrial Way Conditional Use: Request to allow a 2.4 acre vegeta- tive mulching, wood chipping and transfer facility restricted to vegetative waste only. Mr. Cutro stated the applicant is requesting a conditional use to establish a vegetative recycling facility at the east end of Industrial Way. The plan has been reviewed by the Technical Review Committee and has been found to be in compliance with all applicable city codes. It should be noted that on the orig- inal report, staff included a condition regarding the upgrading of the property to the north, which is the Rollyson property. Staff has since learned that this property has been separated from the Rollyson property by a sale of land and has to be reviewed against the code by itself. Based on that, the condition regarding the upgrading of the property to the north has been replaced by the condition that the applicant must provide an affidavit showing the land has been sold, the warranty deed, and the corrected application sheet. He said he turned that information over to Mr. Cherof. Mr. Cherof said he has seen those docu- -9- #INUTE$ - REGULAR CITY COHHI$SION HEETING BOYNTON BEACH' FLORIDA ~UNE 16, 1992 ments today and they are sufficient based upon his recommendation at the last meeting. Mr. Cutro stated that the Planning and Development Board reviewed this application at its June 9, 1992 meeting and forwarded it to the City Commission with a recommendation for approval. Commissioner Aguila was concerned that the facility might generate noise which will be a detriment to the residents. Ron Dorris of Ron DorriS Architects, A.I.A., P.A. advised that the equipment puts out approximately the same amount of noise as a diesel engine of a truck traveling down the expressway at about forty miles per hour. At two hunted feet away, which is the face of the closest building, this is the equivalency of distance freeway noise. One of staff's recommendations for approval was that the noise at the perimeter of the site not exceed sixty-five decibels and Waste Management fully intends to comply with that standard. Commissioner Aguila said there is a difference between a tractor trailer driving by with the noise coming and going and that constant grinding noise day in and day out. Peter Sachs, Attorney representing Waste Management, pointed out that the closest residence to the subject property is east of 1-95. The subject property is on the. west side of 1-95. Therefore, the noise will be muffled by the traffic of 1-95. In addition, the subject property is in an industrial area. Vice Mayor Matson asked about the times and days of operation. John Albert, Assistant Manager of Waste Management of Palm Beach advised the hours of opera- tion will be 8:00 A. M. to 5:30 P. M. or 6:00 P. M. in the summer and no later than 5:00 P. M. in the winter because of the darkness. The days of operation would be Monday through Friday and sometimes a half day on Saturdays, depending on volume; never Saturday afternoons or Sundays. Mayor Weiner read into the record a letter dated June 9, 1992 from a person representing the owners of the building and property located at 500 Industrial Way, opposing the proposed mulch site, saying it is totally inappropriate at this location and mentioning the odors caused by decaying vegetation and com- post. Mr. Cutro pointed out the applicant agreed that there will be no com- posting on the site. After the material is ground up, it is going to be removed within twenty-four hours. Ho~lon Vice Mayor Matson moved to approve the request to allow a 2.4 acre vegetative mulching, wood chipping and transfer facility restricted to vegetative waste only. Commissioner Aguila seconded the motion. Mayor Weiner did not think that mulching is an appropriate product for the City because of the noise and vegetative matter that will be floating through the air. The motion carried 3-2. Mayor Weiner and Commissioner Walshak cast the dissenting votes. C. Project Name: Plaza West ~olnt Venture Agent: Vincent Gallo - 10- HINUTE$ - REGULAR CITY COHHI$$ION HEETING BOYNTON BEACH, FLORIDA OUNE 16, 1992 Owner: Location: Description: Michael and Hortencia Montaperto; Joseph J. and Genevieve Gallo; and Vincent J. and Betty W. Gallo 3452 West Boynton Beach Boulevard Conditional Use: A conditional use to allow any of the following uses within the subject property; Beauty Salon, Barber Shop, Manicurist, Tailor, Dressmaker. Mr. Cutro advised this is bascially an office building that was built in the County and annexed into the City. The applicant is looking to expand the available uses to potential renters. Staff determined that a full site plan review was not necessary because parking and vegetation was in place. Staff visited and reviewed the site. The Technical Review Committee has found it to be in compliance with the codes of the City, with the exception of the dumpster location and the buffering on the east side of the property. Staff recommended that a dumpter enclosure with gates be built on the site. This is coming up on a recycling contract for paper, therefore, it will have to be a double enclo- surei. Staff also recommended that a hedge be planted along the east side of the property. There is presently a fence there which is owned by Stonehaven. The Planning and Development Board reviewed this request for conditional use on JuneI 9, 1992 and forwarded it to the City Commission with a recommendation for approval. Mr. Gallo, who manages the property and represents the owners of the property, obje)cted to putting in the hedge because the Stonehaven development followed this project. They put a fence in and it shields their property from this prop- erty). He felt putting a hedge in is a little redundant and adds to the main- tena)nce and upkeep of the property. He had no objection to enclosing the dump)stet; however, the recycling people agreed to put a lock on the dumpster and thei)r driver has the key to the lock in order to prevent the recycling materials from being contaminated. He called the Public Works Department and was informed he ~ould not put a lock on the gate or the dumpster because their drivers do not unlock dumpsters. They further informed him he would have to make sure the gate is Opened to allow the vehicle to come in and empty the dumspter. Mr. Gallo objected to this and did not think it should be his responsibility to open the gates that he is being mandated to install. It said it was an imposition and an unn:essary expense. He agreed to put the hedge in and fence the dumpster on three sides. Mr. Cutro advised this is a recommendation; however, there is no requirement for gates on dumpsters. Commissioner Aguila said as a conditional use,) we are authorized to place what we feel are reasonable conditions. Nottion Commissioner Aguila moved to approve this conditional use subject to all staff comments, including dumpster gates. Vice Mayor Matson seconded the motion. Commissioner Walshak felt making the applicant build an enclosure to encompass both dumpsters is a penalty in itself and suggested waiving the gate require- ment. Conmiissioner Harmening was of the opinion that the City is going overboard and it i)s an undue imposition on any business person in the City to require them to put!gates and locks on their dumpster compounds. - 11- NINUTES - REGULAR CITY CONHISSION #EETING BOYNTON BEACH, FLORIDA JUNE 16, 1992 The motion failed 2-3. Mayor Weiner, Commissioner Harmening and Commissioner Walshak cast the dissenting votes. No~lon Commissioner Walshak moved to approve the conditional use for Plaza West Joint Venture to allow any of the following uses within the subject property: beauty salon, barber shop, manicurist, tailor, dressmaker, subject to staff comments with the exclusion of the gates on the dumspter enclosure. Commissioner Harmening seconded the motion which carried 4-1. Commissioner Aguila cast the dissenting vote. IV, PUBLIC AUDIENCE Eleanor Sh~n of 2520 N. E. 1st Court expressed disappointment with the City Commission on their decision with reference to the Mobil Oil Service Station project, She said for the past five years we have been trying to bring busi- nesses into the City and are now sending out another message. Bob 01enlk, Jr, of 29D Crossings Circle, Executive Vice President of the Greater Boynton Beach Chamber of Commerce, agreed with Ms. Shuman. He said it makes it diff!icult for the Business Development Board of Palm Beach County to bring in corporation relocations, business, and development when decisions are made disregarding staff, environmental regulators, and the Planning and Development Board. He thought maybe conditional uses should be eliminated and the ordi- nances be more black and white and said the Greater Boynton Beach Chamber of Commerce would be happy to work with staff and the City Commission to look at the City's conditional use ordinances. Rev, Alkens of 407 N. W. 13th Avenue, praised the City Commission, the Recreation and Park Department, and the City Manager on taking action on the request he made to clean up the area along the canal bank in the rear of his church. MAYOR WEINER DECLARED PUBLIC AUDIENCE CLOSED. V, DEVELOPNENT PLANS A, Consent Agenda - Unanimously approved by Planning and Development Board Project Name: Agent: Owner: Location: Description: Boynton Amoco Kilday & Associates Winchester, Winchester, Zeiher and Schroeder c/o Schroeder &Larche, P. A. Northeast corner of Boynton Beach Boulevard and Winchester Park Boulevard Site Plan: Request for site plan approval to construct a service station, convenience store and car wash on a 0.844 acre site. - 12 - NINUTE$ - REGULAR CITY COMMISSION NEETING BOYNTON BEACH, FLORIDA ~UNE 16, 1992 Mr. Cutro said this is a request to allow a convenience store with gas pumps and a car wash located at the northeast corner of Boynton Beach Boulevard and Winchester Park Boulevard on approximately a 0.85 acre site. This site plan was submitted prior to the amendment of the service station regulations in January. Therefore, the old code was used in reviewing the regulations. This property is subject to a legal settlement between the owners and the City, allowing the owners to have the proposed use on the site. Staff has reviewed this as a site plan. City departments have reviewed the site and found that the site plan complies with the development standards for the zoning district, parking lot, Landscape and Community Design Plan. At its meeting of June 9, 1992, the Planning and Development Board reviewed the proposed site plan and forwarded it to the City Commission with a recommendation for approval. Notion Commissioner Harmening moved to approve this request for site plan approval to construct a service station, convenience store and car wash on a 0.844 acre site. Vice Mayor Matson seconded the motion which carried 5-0. B, Non-consent - Not unanimously approved by Planning and Development Board 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 S. E. 31st Avenue {South Seacrest scrub site} Rezonlng: Request to rezone 53.69 acres from RIAA, Single Family Residential and R2, 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 Walshak seconded the motion which carried 5-0. Commissioner Harmening requested to direct the City Attorney to write the attor- ney for the applicant and inquire when the unified control documents can be expected. Commissioner Walshak asked Commissioner Harmening to put some sort of restrictive time limit on this. Mr. Cherof suggested the letter indicate that it has been pending on the agenda as a tabled matter awaiting their documents and if they are not received within the next two meetings, it will be removed from the agenda. There was consensus of the City Commission. Notion Vice Mayor Matson moved to put this item back on the table. Commissioner Harmening seconded the motion which carried 5-0. - 13 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 16, 1992 Project Name: Agent: Owner: Location: Description: Bookstop Thomas T. McMurrain American Development Corporation c/o Richard Boyer 1895 North Congress Avenue Site Plan Modification: Request for site plan approval to construct an 11,772 square foot retail bookstore as an outparcel at the Target Shopping Center. Mr. Cutro said this is a request by American Development Corporation to allow the construction of an 11,772 square foot bookstore at 1895 North Congress Avenue, which is located in the Target Center. The applicant is requesting to combine two existing outparcels from the original site plan and expand the floor area to accommodate the proposed structure. Another outparcel exists on the site. It should be noted that the applicant will need to have another traffic study done in order to develop that site. He has run up his square footage to the point that what he is proposing on that site will have to be rereviewed by the County. However, that does not affect this site at the present time. There is enough square footage left in the original site plan to allow this to go for- ward. Staff reviewed the proposed site plan and found that the site complies with the various codes of the City, including the zoning district it is located in, the Community Design Plan, and the Landscaping Code. The Planning and Development Board reviewed the proposed site plan and forwarded it the City Commission with a recommendation forlapproval.! Commissioner Aguila said at least tw~ years ago when the Target site plan was originally brought through the City, it was a project of his office. Since then his office has done no work for Target. Target is no longer a client of his office and his office has no personal gain. Mr. Cherof asked Commissioner Aguila if he has any work pending with that particular client or if he is owed money from that project that might be paid if this were approved. Commissioner Aguila answered in the negative. Mr. Cherof advised he has no conflict. Motion Commissioner Harmening moved to approve this request for site plan approval to construct a 11,772 square foot retail bookstore as an outparcel at the Target Shopping Center. Commissioner'Aguila seconded the motion which carried 5-0. C. Other 1. Request from Walter Dutch to allow a lot zoned for residential use and commerlcal use to be used for commercial use as allowed by Appendtx A, Section 3,9 - division of lot of record (corner of Boynton Beach Boulevard and N. W. 7th Court) Mr. Cutro said this is a request by Walter Dutch for an exception to allow the use of a portion of a lot that is split by a zoning boundary for a C-2 zoning use. This is allowed by Appendix A, Section 3.5.g. The subject property is located at the northwest corner of Boynton Beach Boulevard and N. W. 7th Court. The southern portion of the lot is zoned C-2, while the north fifty feet is - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1992 zoned R-1-A and Mr. Dutch wishes to use the entire parcel as if it were zoned C-2. It should be noted that a land use plan amendment and rezoning of this same property were denied in 1987 by the City Commission and the Planning and Zoning Board. Staff reviewed the request and feels it is reasonable since the R-1-A section is approximately fifty by seventy, which would constitute about a thirty-five hundred square foot lot. That lot is significantly smaller than residential lots around it. In addition, the west side is zoned C-1. The applicant has agreed to limit the north thirty feet to drainage and landscaping, which would provide a thirty foot buffer between the house on the north side of this property from any building that might take place. Originally it was recom- mended that the north fifty feet be limited to that; however, after looking at a proposed site plan from the applicant, if parking is put back there, it will be even a greater impact to the houses. It is better to put the parking in the front and slide the building back a little bit more. The applicant has also agreed to make the building residential in character to fit in with the surrounding houses. At its June g, 1992 meeting, the Planning and Development Board reviewed this request and forwarded it to the City Commission with a recommendation for approval. Anna Cottrelt of Urban Design Studio, 2000 Palm Beach Lakes Boulevard, West Palm Beach, stated that this will not only improve the developability of the one lot that faces Boynton Beach Boulevard, but it also has the effect of eliminating a currently nonconforming lot that is undevelopable. In addition, it gives the City the ability to impose some conditions on this development beyond the site plan approval conditions. Motion Commissioner Harmening moved to approve the request from Walter Dutch to allow a lot zoned for residential use and commercial use to be used for commercial use as allowed by Appendix A, Section 3.g - division of lot of record (corner of Boynton Beach Boulevard and N. W. 7th Court. Commissioner Walshak seconded the motion which carried 5-0. Request for extension of the Knuth Road PCD (West Boynton Boulevard at Knuth Road, southwest corner), Tara Oaks PUD (East side of Knuth Road extended south between the LWDD L-25 and L-25 Canals, and Boynton Beach Boulevard PCD (South side of West Boynton Beach Boulevard between North Conoress Avenue and Knuth Road) Mr. Cutro said this is a request for a series of three planned developments that were approved by the City Commission in December of 1990, which includes the Knuth Road PCD, the Boynton Beach PCD, and the Tara Oaks PUD. The City Commission has already approved the preliminary plat and the site plan for the Knuth Road PCD and the infrastructure improvements have already been approved for a portion of the Tara Oaks PUD. Staff also had discussions with the appli- cant regarding some clearing that they wish to do of exotic species on the Boynton Beach PCD. Therefore, there has been some progress made in terms of trying to get these developments moving. This request has been discussed with the Concurrency Review Committee and no objections have been raised to the - 15 - NINUTE$ - REGULAR CITY COMNISSION NEETING BOYNTON BEACH, FLORIDA ~UNE 16, 1992 requested extensions. Mr. Cutro advised that the ordinance calls for a one year maximum extension. Notion Commissioner Walshak moved to approve the request for extension of Knuth Road PCD {West Boynton Boulevard at Knuth Road, southwest corner), Tara Oaks PUD {East side of Knuth Road extended south between the LWDD L-25 and L-26 Canals, and Boynton Beach Boulevard PCD {South side of West Boynton Beach Boulevard between North Congress Avenue and Knuth Road). Vice Mayor Matson seconded the motion which carried 5-0. Request for a six (6) month extension of the Boynton Lakes Plaza site plan - (southeast corner of Hypoluxo Road and Congress Avenue) Mr. Cutro said this site plan was extended by the City-Commission in December of last year for six months. That was what was originally requested by the appli- cant. Staff has now received a letter requesting an additional six month exten- sion. The ordinance allows for an extension up to twelve months. It does not specify whether or not it has to be done in a certain number of requests. This request has been discussed with members of the Concurrency Review Board and no objections to the extension have been raised. Mr. Cutro said Mr. Goins advised him that he is about two to three weeks away from final financing on this proj- ect. He has tied up the rest of the building and also the rentals of it and believes construction will be started by August of this year. Vice Mayor Matson pointed out a condition that went along with the original six month extension and inquired if that same condition can be made if an additional six month extension were granted. Mr. Cherof advised that the extension can be conditioned upon other events occurring. Motion Vice Mayor Matson moved to approve a six month extension of the Boynton Lakes Plaza site plan {southeast corner of Hypoluxo Road and Congress Avenue) with the condition that was met in the December 1991 extension with regard to there being no break in the buffer wall on Boynton Lakes Boulevard. Commissioner Harmening seconded the motion which carried 5-0. Request for waiver of site plan review fees for neighborhood Church (414 N, W, loth Avenue) - ~ames Boule, Pastor, Community Deliverance Church Mr. Cutro stated a request was received from Rev. James Boule of the Community Deliverance Church to waive the site plan review fees. This is a $500 site plan because the site is less than two acres. The property is located at 414 N. W. loth Avenue and is commonly known as the Cavalier Club. Mr. Cherof advised that waiver of fees of this nature can be done administra- tively but should be ratified by the Commission as opposed to the Commission - 16 - MINUTES - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA JUNE 16, 1992 waiving the fees. The Planning Director or the City Manager should waive or modify a fee, subject to Commission ratification. Therefore, the motion should be a motion to ratify based upon a recommendation from either the Planning Director or the City Manager. Mr. Cutro advised that in the past, site plan review fees have not been waived. He suggested working out some type of payment schedule with Rev. Boule. Motion Commissioner Aguila moved to ratify Mr. Cutro's proposal to try work with the applicant to spread out his payments over a period of time. Commissioner Harmening seconded the motion which carried 5-0. In response to Commissioner Walshak, Mr. Miller advised he has no problem with this and would like to work something out with the applicant. However, there have been several churches in the City that paid large building and site development fees and he did not want to set a precedent by waiving fees~ ~ The motion carried 5-0. 5, Master Plan Modification - Boynton Commerce Center PID (South side of Woolbrtght Road immediately west of Seaboard Railway) Mr. Cutro said this is a master plan modification for the Boynton Commerce Center. The owners of the Commerce Center requested to modify a buffer that is located on the east side of this property next to the Seaboard Coast Railroad by allowing parking in that buffer. As with other PID amendments, the City Commission must first determine if this modification is a minor or major change to the PID. After this determination is made, the modification is forwarded to the Planning and Development Board for review. The original PID showed a buffer but does not indicate any formal planting of this area, although a field inspec- tion indicates some planting has taken place from time to time. The buffer is against the Seaboard Coast Railroad and this may be the reason why no land- scaping was originally shown on the master plan. In addition, the need for a twenty-five foot buffer against the railroad property could be questioned. Staff does not believe that the use of the buffer is a major change, based on the railroad use and intervening 1-95 right-of-way which would also separate this from any residential property that is on the east side of 1-95. This request was reviewed by the Technical Review Committee and aside from the com- ments of the Planning and Zoning Department, no other comments regarding this modification were forthcoming. Staff recommends this be forwarded to the Planning and Development Board as a minor change to the PID. Commissioner Harmening asked why another sixty-nine parking spaces are needed. Mr. Cutro stated the applicant has rented one of the buildings to a women's accessory manufacturer who is planning to have two shifts. With shift overlaps, additional parking is needed. In addition, a site like this will probably expand at some future date. - 17 - MINUTES - REGULAR CITY COl(MISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1992 Motion Commissioner Harmening moved to find this master plan modification a minor modi- fication. Commissioner Aguila seconded the motion. Commissioner Harmening did not see where they would need any landscaping along the Seaboard Railroad, unless it is for their own benefit. Mr. Cutro pointed out that this should not be taken as a precedent by anybody who has a PID or a PCD. This buffer is very unique because it is located next to the railroad. Themotion carried 5-0. With reference to Mr. Olenik's earlier comments, Commissioner Walshak commented that tonight this City Commission sat in judgment on ten applications for busi- nesses coming into this city and approved nine of them, which is 90%. He did not think the City Commission is sending a message out to the whole of the State of Florida that Boynton Beach is not a place to build. As long as this City Commissioner is here for the next year and a half, he is going to make decisions predicated on the fact that they are good for the community, based on more than just the economics of the situation. He is concerned about drainage with every project, especially when it affects the health, welfare and safety of a neigh- boring community. VI, LEGAL A, Ordinances - 2nd Reading - Public Hearing 1, Proposed Ordinance No, 092-37 Re: Comprehensive Plan Text Amendment - Planning Area 7,A (Application #13A) ........... TABLED Motion Commissioner Harmening moved to remove this item from the table. Commissioner Aguila seconded the motion which carried 5-0. Mr. Cutro stated that as requested by the City Commission at the last meeting, staff did some research into both the supporting documents of the Comprehensive Plan and the minutes of the City Commission on this item. It was recommended in the original Comprehensive Plan that the subject parcel be changed to C-2 con- tingent upon it being combined into one parcel with the property to the south. In addition, what seems to have happened is that at the first hearing in December of 1990, a citizen spoke against this and suggested a C-1 zoning district. There seems to be some misunderstanding as to what is being rezoned. He pointed out on the map the area that is being rezoned and advised that the right-of-way on Old Boynton Road has been abandoned by the County today. Raymond Posgay, an attorney from Fort Lauderdale representing the owner of the triangular portion of the property, gave a brief history of this matter. - 18- HINUTE$ - REGULAR CITY COHHI$$ION HEETING BOYNTON BEACH, FLORIDA JUNE 16, 1992 Mr. Cutro asked for direction from the City Commission. He said a rezoning can be effectuated immediately and brought back by way of the Planning and Development Board for first reading at the second meeting in July or the first meeting in August. This would be acceptable because the Comprehensive Plan has not been changed and the original recommendation continues to stand on this site. Attorney Cherof read Proposed Ordinance No. 092-37 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH APPLICATION NO. 13-A, PLANNING AREA 7.A; SAID TEXT AMENDMENT WILL REMOVE RECOMMENDATION FOR NEIGHBORHOOD COMMERCIAL (C-2) ZONING DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICIATION; AND PROVIDING AN EFFECTIVE DATE. Hotlon Commissioner Aguila moved to deny Proposed Ordinance No. 092-37 on second and final reading. Commissioner Walshak seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. Proposed Ordinance No, 092-38 Re: Rezontn9 -Planntng Area 7,A (Application #13A) ......................................... TABLED Notion Commissioner Harmening moved to remove this item from the table. Vice Mayor Matson seconded the motion which carried 5-0. Attorney Cherof read Proposed Ordinance No. 092-38 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-2 (DUPLEX RESIDENTIAL) TO C-! (OFFICE/PROFESSIONAL), AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Commissioner Aguila moved to deny Proposed Ordinance No. 092-38 on second and final reading. Commissioner Walshak seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-0. Commissioner Harmening had left the dais. Mr. iCutro received the Commission's permission to file the rezoning on this mattier. He said this matter will probably go to the Planning and Development Board in August because of a legal requirement to advertise. It will then be brought to the Commission the secondmeeting in August for first reading. Mayor Weiner asked that Item VIII.E. be moved up since Pastor Sanderson is present. - 19 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 16, 1992 VIII. NEN BUSINESS E. Authorization to hold an arts and crafts show at Boynton Beach Church of God Pastor Ron Sanderson of 1015 Old Boynton Road advised the arts and crafts show is proposed for October. The purpose of this fundraiser is to improve the aesthetics of the church property. Mr. Miller advised that staff has no problems with this request. Motion Commissioner Aguila mOved to authorize Boynton Beach Church of God to hold an arts and crafts show. Vice Mayor Matson seconded the motion which carried 5-0. VI, LEGAL B. Ordinances - 1st Readin9 1, Proposed Ordinance No, 092-39 Re: Addition of one alternate member to the Community Redevelopment Advisory Board Attorney Cherof read Proposed Ordinance No. 092-39 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2. ADMINISTRATION, ARTICLE I. SECTION 2-13.5 COMMUNITY REDEVELOPMENT ADVISORY BOARD FOR THE CENTRAL BUSINESS DISTRICT; CREATED, APPOINTMENT, TERMS, DUTIES, TO PROVIDE FOR THE APPOINTMENT OF ONE ALTERNATE TO SAID BOARD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Motion Vice Mayor Matson moved the adoption of Proposed Ordinance No. 092-39 on first reading. Commissioner Aguila seconded the motion. Commissioner Harmening was not in favor of this ordinance under any circumstances. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-1. Commissioner Harmening cast the dissenting vote. C. Resolutions Proposed Resolution No, R92-93 Re: Supporting Mayor Clarence E, Anthony's candidacy for the Florida League of Cities office of Second Vice-President Attorney Cherof read Proposed Resolution No. R92-93 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ENDORSING THE CANDIDACY OF THE HONORABLE CLARENCE E. ANTHONY, MAYOR OF SOUTH BAY, FLORIDA FOR THE OFFICE OF SECOND VICE-PRESIDENT OF THE FLORIDA LEAGUE OF CITIES. - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 16, 1992 Motion Commissioner Aguila moved the adoption of Proposed Resolution No. R92-93. Commissioner Harmening seconded the motion which carried 5-0. 2. Proposed Resolutulon No. R92-94 Re: Contract between the School Board of Palm Beach County and the City of Boynton Beach for school bus use for Sunmner Day Camp Program Attorney Cherof read Proposed Resolution No. R92-94 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 CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY TO PROVIDE SCHOOL BUS USE FOR SUMMER DAY CAMPS; A COPY OF SAID CONTRACT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Commissioner Harmening~noted the price was raised $5.00 an hour. Mr. Miller pointed out it is still the least expensive in town. Motion Commissioner Harmening moved the adoption of Proposed Resolution No. R92-94. Commissioner Walshak seconded the motion which carried 5-0. Proposed Resolution No. R92-95 Re: Urging the United States Department of Education to utilize 1990 Census data in calcu- lating State funding for Chapter One Education Revenues Attorney Cherof read Proposed Resolution No. R92-95 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACKNOWLEDGING THE TREMENDOUS GROWTH IN FLORIDA DURING THE PAST DECADE; URGING THE UNITED STATES DEPARTMENT OF EDUCATION TO UTILIZE 1990 CENSUS DATA IN CALCULATING STATE FUNDING FOR CHAPTER ONE EDUCATION REVENUES AND PROVIDING FOR AN EFFECTIVE DATE. Motion Commissioner Harmening moved the adoption of Proposed Resolution No. R92-95. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No, R92-96 Re= Approve bond resolution reference the Issuance of Utility System Revenue Bonds, Series 1992 Attorney Cherof read Proposed Resolution No. R92-96 by title only: A RESOLUTION AUTHORIZING THE ISSUANCE OF UTILITY SYSTEM REVENUE BONDS, SERIES, 1992, OF THE CITY OF BOYNTON BEACH, FLORIDA, IN SUCH AMOUNTS AS THE CITY SHALL HEREAFTER DETERMINE BY SERIES RESOLUTION, FOR THE PURPOSE OF - 21 - HINUTES - REGULAR CITY COI4MISSION HEETING BOYNTOH BEACH, FLORIDA ~UNE 16, 1992 PAYING AT THEIR MATURITIES OR REDEEMING AT A SELECTED REFEMPTION DATE OR DATES ALL OF THE OUTSTANDING WATER AND SEWER REVENUE BONDS OF THE CITY AND FOR THE PURPOSE OF PAYING A PORTION OF THE COST (AS DEFINED HEREIN) OF IMPROVEMENTS TO THE CITY'S UTILITY SYSTEM (AS DEFINED HEREIN); PROVIDING FOR THE ISSUANCE OF ADDITIONAL REVENUE BONDS TO PAY ALL OR PART OF THE COST OF ADDITIONAL IMPROVEMENTS TO THE CITY'S UTILITY SYSTEM AND FOR REFUNDING OUTSTANDING REVENUE BONDS AND UTILITY DEBT; PROVIDING FOR THE INCURRENCE OF OTHER TYPES OF INDEBTEDNESS OF THE CITY FOR THE PURPOSES OF THE UTILITY SYSTEM PAYABLE FROM THE NET REVENUES OF THE UTILITY SYSTEM; PROVIDING FOR THE PAYMENT OF SUCH BONDS, OTHER UTILITY DEBT AND THE INTEREST THEREON FROM NET REVENUES OF THE CITY'S UTILITY SYSTEM AND CERTAIN OTHER AMOUNTS; SETTING FORTH THE RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH BONDS AND OTHER INDEBTEDNESS; PROVIDING A SEVERABILITY CLAUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE. Michael Hole of Smith, Barney advised that if this resolution is approved tonight, there may be minor changes subsequent to this meeting at the request of insurers and rating agencies as that process is gone through over the next week. If there are changes, they will be brought to the City Commission. He advised that the resolution contains everything the City Commission asked for at the workshop. Norton Commissioner Harmening moved to authorize Stifel Nicolaus as a co-underwriter. Vice Mayor Matson seconded the motion which carried 5-0. Notion Commissioner Harmening moved the adoption of Proposed Resolution No. R92-96. Vice Mayor Matson seconded the motion which carried 5-0. Proposed Resolution No, R92-97 Re: Approval of preliminary offi- cial statement reference the Issuance of Uttllty System Revenue Bonds, Series 1992 Attorney Cherof read Proposed Resolution No. R92-97 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY OF THE CITY TO APPROVE THE PRELIMINARY OFFICIAL STATEMENT FOR THE ISSUANCE OF UTILITY SYSTEM REVENUE BONDS, SERIES 1992; AND PROVIDING AN EFFECTIVE DATE. Notlon Commissioner Harmening moved the adoption of Proposed Resolution No. R92-97. Vice Mayor Matson seconded the motion which carried 5-0. Proposed Resolution No, R92-98 Re: Servlce Agreement between Scantron and the City of Boynton Beach for the Optical Scanner In the Personnel Department - 22 - MINUTES - REGULAR CITY COMMISSION #EETING BOYNTON BEACH, FLORIDA JUNE 16, 1992 Attorney Cherof read Proposed Resolution No. R92-98 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 SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SCANTRON CORPORATION, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Mr. Miller advised that an optical scanner was purchased several months ago for the Personnel Department. It is used to score and rate answer sheets relative to updating job descriptions. This resolution pertains to the service main- tenance contract for this piece of machinery at $450 per year. Motion Commissioner Harmening moved the adoption of Proposed Resolution No. R92-98. Vice Mayor Matson seconded the motion. In response to Commissioner Aguila, Mr. Cherof pointed out that Section 13.3 of theagreement states that this agreement shall be construed in accordance with domestic laws of the State of Florida. The motion carried 5-0. Proposed Resolution No, R92-99 Re: Authorization to execute Stipulation Clarifying Final ~udgement - Tradewlnds Development Corp, Attorney Cherof read Proposed ReSolution No. R92-99 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO EXECUTE A STIPULATION CLARIFYING FINAL JUDGMENT IN THE TRADEWINDS DEVELOPMENT CORP. LAWSUIT ON BEHALF OF THE CITY AND FILE THE SAME WITH THE COURT; A COPY OF SAID STIPULATION IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Mr. Cherof said this item came out of a mediation that was conducted in a pending case involving Tradewinds. The original Stipulation entered into be- tween the City and Tradewinds, as well as the Final Judgement incorporating that Stipulation, required that the City expeditiously process certain types of requests for development of the property. The term "expedited" was not defined anywhere in the terms of the Stipulation or Final Judgment and has led to numerous disputes between Tradewinds and the City regarding whether or not the City has in fact been expediting the filings. This eight step process is intended to clarify what the term "expedited procedure" means. It was worked up in the mediation with the assistance of Chris Cutro and comes with his affirma- tion that the City can live by this time table as well. Commissioner Harmening did not see why a special meeting of the Planning and Zoning Board should be called if one is not scheduled within two weeks. Mr. Cherof said the purpose of this would be to distinguish the treatment of - 23 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1992 applications filed by Tradewinds from applications filed by any Other developer, and a method of proving that the City is being expeditious. Motion Vice Mayor Matson moved the adoption of Proposed Resolution No. R92-99. Commissioner Aguila seconded the motion which carried 5-0. Mr. Cherof asked the City Commission to direct him to determine whether it would be appropriate to file the Stipulation or simply deliver it to the Tradewinds representatives. There is some question whether the Court still has jurisdic- tion of the case and he did not want to concede that the Court does have juris- diction if research proves otherwise. Commissioner Harmening suggested sending them a copy. Motion Vice Mayor Matson moved to direct the City Attorney to deliver the Stipulation to tile Tradewinds representatives. Commissioner Harmening seconded the motion whicl carried 5-0. 8, Proposed Resolution No, R92-100 Re: Final Plat approval - Boynton Lakes Comnerctal (Southeast corner of Congress Avenue and Hypoluxo Road) Atto;ney Cherof read Proposed Resolution No. R92-100 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR BOYNTON LAKES COMMERCIAL, LOCATED IN THE SOUTHEAST CORNER OF CONGRESS AVENUE AND HYPOLUXO ROAD; AUTHORIZING THE MAYOR, CITY CLERK AND CITY ENGINEER TO EXECUTE THE DEDICATION SHEET OF THE PLAT; AND PROVIDING AN EFFECTIVE DATE. Mike Kazunas, City Engineer, stated this is a final plat for the Boynton Lakes comm(~rcial site. On December 18, 1990, the preliminary plat was approved. On Decerlber 17, 1991 there was a six month extension, which is running out in a few days. Although the Letters of Credit were received in December, 1991, he could not 'ind any record of them being accepted by the Commission. The Resolution may meed to be modified to accept those with the acceptance of this plat. The Coun:y requested it n°t be recorded until they have recorded their agreement. Stall recommended approval based on what was submitted. Vice Mayor Matson inquired if this needs to have the same stipulation as the exter~sion approved tonight regarding the break in the wall. Mr. Cutro advised this is only for the corner parcel and has nothing to do with the remainder of the i,lock which goes down to Boynton Lakes Plaza. To put that condition on this plat would have no bearing on the wall regarding the other extension. Mr. Qherof agreed and said if it is the intent to accept the improvements delin- eated on the plat, that it should be added to the body of the Resolution and the motiqn should include that the improvements delineated on the plat be accepted. Mr. ~azunas advised there are no improvements delineated on the plat. All the m - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA QUNE 16, 1992 improvements are off site and covered by bonds contained within easements. The plat is a boundary plat and presented without a site plan at the request of the developers because they did not know what was going to be built there. In light of this, Mr. Cherof advised this could be addressed at a different time. In response to Commissioner Walshak, Mr. Cherof assumed the drainage deals with all generic uses permitted under the zoning. Motlon Commissioner Harmening moved the adoption of Proposed Resolution No. R92-100. Commissioner Walshak seconded the motion which carried 5-0. In response to Mr. Kazunas, Mr. Cherof said the Letters of Credit can be dealt with as a separate item. Proposed Resolution No, R92-101 Re: Bond Release for Excavation and Fill - West Industrial Associates (North end of Industrial Avenue) Attorney Cherof read Proposed Resolution No. R92-101 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RELEASE OF A CASH BOND IN THE AMOUNT OF $10,000.00 TO WEST INDUSTRIAL ASSOCIATES; AND PROVIDING AN EFFECTIVE DATE. Mr. Kazunas said this was a bond taken for a very specific purpose to cover any damages to public or private off site. It is basically for any dust or pavement damage that may have occurred. The excavation and fill is complete. There is still a permit for the improvements on the site. Since the work is done, the off site has been inspected. There is no damage to it and staff recommends release of the bond. Motion Commissioner Harmening moved the adoption of Proposed Resolution No. R92-101. Vice Mayor Matson seconded the motion which carried 4-0. Commissioner Aguila had left the dais. MAYOR WEINER DECLARED A RECESS AT 10:26 P. M. THE MEETING RESUMED AT 10:35 P. M. VII, OLD BUSINESS A, Employees Pension Board recommendations pertaining to investment policies regarding the equity cap and major rating service listings Mr. Miller stated that the General Employees Pension Board held a meeting on May 7, 1992. There was considerable discussion relative to the recent investment policies adopted by the City Commission in Ordinance 092-7. One of the items discussed was the equities investments. A motion carried 4-2 to - 25 - HINUTE$ - REGULAR CITY COI~tISSION HEELING BOYNTON BEACH, FLORIDA ~UHE 16, 1992 change the equity cap percentage from thirty-five back to fifty per cent. The second portion of the motion evolved around the policy that the securities purchased must hold a ranking in one of the top three classifications of a major rating service. The Board made a motion to recommend to the City Commission that if the Commission decides to maintain the thirty-five per cent maximum on the equity investments, then they would like to see the requirement that all securities purchased must hold a ranking in one of the top three classifications of a major rating service dropped entirely. However, if the Commission increases the equity cap to fifty percent, then they would look towards main- taining the requirement of purchasing securities. commissioner Harmening pointed out that the Department of Administration of the State of Florida, which administers pension funds, recommends thirty-five per cent. Mayor Weiner advised that if the fund does not reach a certain percentage of income every year, the City must contribute. In a volatile market, she felt thirty-five per cent was very conservative. Discussion ensued. Hotlon Commissioner Aguila moved to increase the equity cap to forty per cent. Mayor Matson seconded the motion which carried 3-2. Mayor Weiner and Commissioner Harmening cast the dissenting votes. Vice Hotlon Commissioner Harmening moved to reject the proposal from the Employees Pension Board with regard to dropping the requirement that the securities purchased must hold a ranking in one of the top three classifications of a major rating ser- vice. Vice Mayor Matson seconded the motion which carried 5-0. VIII, NEW BUSINESS A, Itens for discussion requested b~ Na~or Arllne Wether 1, An ordinance reference flre sprinklers In da3 care centers Mayor Weiner stated that some months ago the Little Dude Ranch, a day care center on Old Boynton Beach Road, asked to be annexed into the City and she went out to see it. In one room there were between eight and twelve cribs with one door leading out of the room, three people in attendance, and no fire sprinklers. There is no ordinance requiring day care centers to have fire sprinklers. She felt it was a dangerous situation and wondered how three atten- dants could get twelve infants out of the building in case of an emergency. She asked the Commission to think about establishing an ordinance that would require day care centers built within the City of Boynton Beach to have ceiling fire sprinklers. It was Commissioner Aguila's understanding that NFPA regulates those require- ments based on the number of children and their ages, etc., and that the burden may !be placed on the City of Boynton Beach to prove that its day care centers are unique enough to add a code above and beyond national standards. - 26 - MINUTES - REGULAR CITY CO~ISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 15, 1992 Ed Allen, Fire Chief, advised that day care centers fall under the State Fire Marshal's rules and regulations which put it under HRS. According to the code, if they do not meet some of these requirements, then the State can require them to put in sprinklers. The only place that is mentioned in the codes for sprinklers is in the janitor's closet or any other hazardous room. It was the consensus of the City Commission to have the'City Manager look into this matter. B, Items for discussion requested by Vice Mayor Natson 1, Community Development Block Grant Vice Mayor Matson reported that Wilfred Hawkins, Mike Kazunas and she went to the County Commission this morning regarding the Community Development Block Grant. She was upset with the initial recommendation of two turndowns on the recreation fund being sought and partial funding for the 11th, 12th and 13th Avenue project. She addressed the two recreational parcels and explained to the- County Commissioners how for several years the City has sought the Federal CDBG funding and have been turned down. She was told by the County Administrator after the meeting that it makes a difference when you are there. Scott Miller, Remar Harvin, Wilfred Hawkins, Mike Kazunas and she are going to meet on Friday. The County promised that the two recreation parcels are going to be their top two priorities next year and they are committing funds towards these projects out of their contingency funds. She told them that as soon as the applications come through next year, we will start lobbying immediately and go to the County Commission every single time. C, Items for discussion requested by Commissioner Oose Agulla 1, Metropolitan Planning Organization Neettn9 Commissioner Aguila advised that on Thursday there is going to be a Metropolitan Planning Organization meeting at 9:00 A. M. that he usually attends; however, he will be in Miami taking a twelve hour exam. He sought a volunteer to attend in his place. Commissioner Harmening volunteered. 2, Provisions under which Plannlng and Development Board may table items Commissioner Aguila said sometime ago an ordinance was passed preventing the Planning and Zoning Board from tabling items. He felt there are valid times when the Planning and Development Board may wish to table an item and felt this ordinance ties their hands. He asked the Commission to reconsider this ordi- nance. Vice Mayor Matson asked if State Statute says anything about the land planning agency moving things along as expeditiously as possible. Mr. Cherof said it does not; however, there are court opinions that would encourage a body such as the Planning and Development Board from moving it forward as expeditiously as possible and if we are going to take away what is now in the ordinance that - 27 - #ZNUTE$ - REGULAR C~TY CO##I$$ZON #EET~NG BOYNTON BEACH, FLORIDA ~UNE 16, 1992 really does encourage them to do that, he thought we should give them some ad- ditional direction in the amendment by enabling the Commission to have the power to override the Planning and Development on occasion. Discussion ensued regarding the reasons this ordinance was passed. Vice Mayor Matson pointed out that tabling would be a very rare instance because everything is supposed to be complete when it goes to the Planning and Development Board. It was the consensus of the City Commission to direct the City Attorney to bring back some new language. 3, Proposed improvements to the abandoned wastewater treatment plant site Commissioner Aguila said on a number occasions Commissioner Walshak brought up a variety of plans. The only proposal he agrees with is that those structures should be demolished. All the other things he proposed Commissioner Aguila disagreed with. He believed the time has come to demolish this site and clean and seed all grounds which occupy the structures. There are a few areas which should remain, those being the fenced in area around the transmission tower which should be provided with a hedge and foundation planting; the building now used as a welding shop, which should also be landscaped; the generator building; the lift station; and the two story structure near the entry gate, which could possibly be used at a future date once gutted. He said in 1988 two bids were received by the City to demolish and remove the buildings and structures on site. One was for $98,500 and the other was for just over $100,000. He estimated it to cost between $120,000 to $150,000 to demolish this site, based on the fact that some of the structures slated to be demolished at that time would actually remain now, some of the debris could be buried on site, business is slow and allows for more competitive bids, and tipping fees for this type of waste have only gone up about $2.50 per ton. He said the money is available in a number of places. Whether we want to use the money on this issue or something else is the real question, It is not going to get any cheaper and the problem is not going to go away. We are only going to pass it on to the next administration if we fail to act. He was in favor of demolition, but said his case is for the City Commission's responsibility to the neighboring community. They are the ones who are stuck withithis eyesore. He felt the City Commission has the responsibility to treat this community with the same standards that they treat the rest of the City. He mentioned the work done at the water treatment plant on Seacrest and Woolbright and the west water facility adjacent to Platina. The zoning code requires that when~a commercial or industrial entity is erected or planned that a solid barrier be placed to protect the residents. He said if it is felt inappropriate to spend the money now, then at the very least a solid landscaped area to the surrOunding community in keeping with the same standards required of everyone else should be provided. He obtained quotes and took photographs on his own time and at his own expense and Provided the Commission with same. He said if the Commission chooses not to - 28 - HINUTE$ - REGULAR CITY C01~4I$$ION HEETING BOYNTOH BEACH, FLORIDA JUNE 16, 1992 spend the money to demolish the site, by choosing all of the other items on his list, a solid landscaped area can be put around the facility for $35,000 to $40,000. Rev, Atken$ of 407 N. W. 13th Avenue visited the site twice. Once he was able to drive inside the facility undetected. He said there is no protection for the youth in that community. It is possible for them to enter the facility from the northern part of that area. There is a fence there that they quite frequently jump over to enter the facility. If we spend the money now just to contain it, theproblem is not going to go away. He was in favor of demolishing it for future use. Commissioner Walshak said the plant has to be eventually torn down. He said initially he suggested demolishing the plant and setting a budget. Setting a budget does mean you have to spend that money. If it is put out for bid before, it would have to come back before this Commission before the contract is awarded. Another suggestion he previously made was to enter into negotiations with South Florida Water Management on cleaning up the canal and possibly building a road. With regard to the two story building next to the two tanks as you !enter the plant, Commissioner Walshak said the foundations for the east side of that building are also the foundations for the tanks that abutt and are mono- lithic and would it would probably cost more money to repair the two story building after the tanks are demolished. Mayor Weiner remembered that Chief Hillery made mention of the Army Corp of Engineers. Chief Hillery said it was the Army Reserve Unit. They helped devel- op the outdoor pistol range by bulldozing some hills and doing heavy construc- tion work. They enjoyed doing it because it gave them projects to work on and they could practice their trade. Jack DeLoach contacted the reserve unit. They said they would be very happy to help out; however, they are hesitant because priVate industry sometimes becomes upset due to government competition with free enterprise. Commissioner Walshak advised he had talked to the engineering outfits in West Palm Beach, Fort Lauderdale and Dade County and to the Commanding General and there is no way they can do this job because of the heavy foundations. DisCussion ensued. Commissioner Harmening was in favor of screening the plant from 1-95, removing the concrete in the berm that has been partially built, planting the north section and continuing the berm a little bit further. Commissioner Aguila asked for a consensus to direct the City Manager to get moving expeditiously on berming, fencing, and landscaping to shield this from thelneighborhood. Much discussion ensued regarding what needs to be done and how to do it. commissioner Aguila pointed out some work has been done on the west side. It has)been bermed and the Recreation and Park Department has been planting eucalyptus hedge and partial irrigation needs to be extended. A lot of the work canlbe done in-house. - 29 - #INUTE$ - REGULAR CITY COI~tI$$ION #EETING ~ BOYNTON BEACH, FLORIDA JUNE 16, 1992 Elizabeth Jenkins of 711N. W. 1st Street resented one of Commissioner Harmening's comments that the water treatment plant does not look so bad. Bob Olenik, Jr, spoke as a resident and pointed out that the cost for asking for bids for demolition is minimal. Mayor Weiner was not in favor of going out to bid before deciding whether or not to do this project. Commissioner Aguila stated that as of February 14, 1992, there was approximately $9 million available in the water and sewer fund and as of just a few weeks ago, there is $1.5 million in the sinking fund. He has not heard convincing argument that any part of that $1.5 million cannot be used for demolition of this site. Regarding the $1.5 million R&R money, Commissioner Harmening advised that in February or March the South Central Regional Board committed $3.96 million of that money to work on the regional plan over a two year period. That was slightly more money than there was at that point in time in the total R&R fund. By the time the job is complete, which is approximately two years, there will be enough money in that fund to more than pay for that job; however, that does not leave $1.6 million in R&R right now for anything. In his opinion, there are a lot lof other projects that probably have more priority than spending $300,000 to demOlish the plant. Vice Mayor Matson said she agreed two weeks ago that it needed to be landscaped, cleaned up and secured. However, budget hearings are going to be held soon and she was not prepared to spend any money on this project until she sees exactly where the City stands financially. In addition, there are other projects that are very important. The West Water Treatment Plant is a year behind schedule. There could very possibly be a projected construction shortfall and according to concurrency, if we do not have the water to bring any new projects on line, there goes our economic base. Rev. Aikens said money is spent elsewhere and the needs of the people are failed to be seen. The people are very adamant about having the waste water treatment plant demolished. When they see a park going up on Federal Highway, they question where the money is coming from. They are going to think the Commission does not care about their area. Mayor Weiner stated that Ezell Hester Park, a $3 million project, is almost complete in his area~ That is only phase one. More money is needed to finish it. There is a terrific problem with Poinciana Elementary School. The City is trying to buy up homes opposite Poinciana to save Poinciana. Another park is being built on Martin Luther King Boulevard. The !City Manager was asked to try to fit into the budget this coming year reno- vati)on of Wilson Park. Money has been put into Sara Simms Park. The City is tryilng to put money into an infill construction program. She said nobody on this City Commission needs to be ashamed of the money, effort, time and energy that has gone into making the northeast section of the City a much finer place in Which to live. The demoliton of the plant is one of many projects. Vice MayOr Matson pointed out that she, Mike Kazunas and Wilfred Hawkins were at the County today fighting for three projects in that area. Commissioner Walshak stated this is a utility project, not general fund allo- cate)d money. The money in the utility fund under R&R is generated by user fees and ican only be used for utility projects. This is a utility project. - 30 - HINUTE$ - REGULAR CITY C01~I$$IOH HEETING BOYNTOH BEACH, FLORIDA ~UNE 16, 1992 Shortfalls in the western well field are done via bond and has nothing to do with the sinking fund money. It is not going to prevent us from building anything that is under construction right now and it will have no impact on the budget hearings. Commissioner Harmening stated the City does not have the money and he was not in favor of doing this unless the City does have the money. Notion Commissioner Aguila moved to authorize the City Manager to proceed with fencing and landscaping the perimeter of the entire waste water treatment plant and to make sure the gate is kept closed. The motion died for lack of a second. D, Items for discussion requested by Commissioner Bob Walshak 1, Request for City Commission Workshop on a Cltywlde Policy for an Acceptable Code of Conduct Commissioner Walshak suggested a workshop to formulate a policy of code of con- duct, specifically bigotry, racism, harrassment, etc., and to bring in some pro- fessionals who may be able to help the City in areas where it needs help, such as minority hiring. As far as bringing in some professionals, Mayor Weiner said that was a recommen- dation to the City Manager. She felt the problems are so serious that any well intentioned, well thought out code of conduct would not suffice to damper the outrage of the people. She felt the need to let the City Manager know it is the policy of this City Commission not to condone any bigotry, racism, anti-Semi- tism, and sexism in any employee and if they indulge in any behavior of that kind, they should be rooted out, brought to task and certainly, if possible, fired. Commissioner Walshak stated there is no written policy. Vice Mayor Matson said the very purpose of getting someone to come in and investigate would be to have this person make recommendations to the City. She said we cannot make rules and regulations for the Police Department because that is entering into collective bargaining. Mr. Cherof said if there are going to be new rules or amended rules of conduct with the unions that currently have collective bargaining agreements, that impacts on those agreements are going to have to go to the bargaining table. E, Renaming of NE/NW 22nd Avenue Bob Olenik, Jr. discussed the process and results of the Chamber of Commerce's efforts to ask the City Commission to rename 22nd Avenue. The Palm Beach County Traffic Engineering Department and the Florida Department of Transportation had no problems with changing the name of 22nd Avenue. A letter was sent to the residents and businesses along 22nd Avenue from Federal Highway to Jog Road and this was advertised in the newspapers. The Chamber of Commerce felt a named street would bring more identity to Boynton Beach as the interchange opens on 1-95 and 22nd Avenue. A meeting was held to hear public input about the changing of the name. The Post Office advised that the residents and businesses do not need to change their address at all; they can continue to use NE/NW 22nd Avenue for the rest of the time they reside or have a business on that street. - 31 - MINUTES - REGULAR CITY COMgISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1992 The cost of the entire project to change all street signs would probably be less than $1,000 for the County and the City. Gateway Boulevard was chosen as the new name through public input and input from the Marketing Committee of the Chamber of Commerce. Motion Commissioner Harmening moved to accept the Chamber of Commerce's recommendation to rename NE/NW 22nd Avenue Gateway Boulevard. Commissioner Aguila seconded the motion which carried 4-1. Vice Mayor Matson cast the dissenting vote. F, Authorization to hold an arts and crafts show at Boynton Beach Church of God This item was discussed previously in the meeting. IX. CITY MANAGER'S REPORT The City received a letter from the School District in August of 1991, requesting the City contribute $1,925.64 which would be the City's matching share for thirty-five children in this City which receive subsidized child care through the Social Services Block Grant, Title 20. At that time the City did not have the dollars appropriated. An appeal is being made through a letter dated June 10, 1992 from Blanche Girtman. Boynton Beach is the only City in Palm Beach County that did not make a contribution and she is requesting the City Commission reconsider. Commissioner Harmening asked if this was budgeted. Mr. Miller advised it was not; however, there is about $100,000 in the contingency fund, which is not excess money but part of the budget. Due to the economic condition and the number of mothers with children having to work, Commissioner Harmening moved that the City contribute $1,925.64 to the Social Services Block Grant, Title 20. Commissioner Aguita seconded the motion which carried 5-0. X. ADMINISTRATIVE A. Accept resignation from Betty Collins, Community Relations Board Motion Commissioner Harmening moved to accept Ms. Collins' resignation. Commissioner Aguila seconded the motion which carried 5-0. Be APPOINTMENT REG/ TO BE MADE BOARD ALT LENGTH OF TERM EXPIRATION DATE Aguila Bldg Brd of Adj & Appeals Reg - 32 - Term expires 4/95 TABLED MINUTES - REGULAR CITY COtt~ISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 16, 1992 Matson Harmening Walshak Harmening Weiner Matson Aguila Harmening Walshak Weiner Matson Aguila Harmening Bldg Brd of Adj & Appeals Alt Education Advisory Board Alt Education Advisory Board Alt Community Relations Board Reg Advisory Board on Elderly Reg Advisory Board on Elderly Reg Advisory Board on Elderly Rog Advisory Board on Elderly Reg Advisory Board on Elderly Reg Advisory Board on Elderly Reg Advisory Board on Elderly Reg Advisory Board on Elderly Alt Advisory Board on Elderly Alt Term expires 4/93 TABLED Term expires 6/93 TABLED Term expires 6/93 TABLED Term expires 4/95 Term expires 6/95 Term expires 6/95 Term expires 6/95 Term expires 6/95 Term expires 6/94 Term expires 6/94 Term expires 6/94 Term expires 6/93 Term expires 6/93 Notion Vice Mayor Matson moved to remove Commissioner Aguila's appointment to the Buil:ding Board of Adjustment and Appeals from the table. Commissioner Aguila seconded the motion which carried 5-0. Commissioner Aguila appointed George Davis as a regular member to the Building Board of Adjustment and Appeals, without objection. Notion Vice Mayor Matson moved to remove her appointment to the Building Board of Adjustment and Appeals from the table. Commissioner Aguila seconded the motion which carried 5-0. Vice Mayor Matson appointed David Beasley as an alternate member to the Building Board of Adjustment and Appeals, without objection. VIII, NEW BUSINESS - CONTINUED E. Renaming of NEINW 22ndAvenue At this point in the meeting, Mayor Weiner invited Kathryn Tramer of 424 N. E. 22nd Avenue to the podium. She was quite upset because Mr. Williams, the manager at the Post Office told her that if the name is changed, she will have twoiyears to change her address after which her mail will be sent back. She has lived here for 36 years and is 88 years old. She, her husband and her neigh- borS, who could not attend this meeting because they are ill, would not like the name changed on N. E. 22nd Avenue from Seacrest to Federal Highway. They would have to go through many changes,'including changing the deeds on their houses. MayOr Weiner directed Mr. Miller to check out what was told to the Tramers and to Send a letter to them advising them of the outcome of his investigation. She advised the Tramers that if there is any problem with having to change their add~ess within two years, this problem will then be addressed and the City commission will probably not change the name on N. E. 22nd Avenue from Seacrest to Federal. She told the Tramers the City Commission does not have any inten- tion of putting them or their neighbors out whatsoever. - 33 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1992 ADMINISTRATIVE Bo APPOINTMENTS - CONTINUED Commissioner Harmening moved to remove his appointment to the Education Advisory Board from the table. Vice Mayor Matson seconded the motion which carried 5-0. Commissioner Harmening appointed Roger Kirk as an alternate member to the Education Advisory Board, without objection. Motion Commissioner Walshak moved to remove his appointment to the Education Advisory Board from the table. Vice Mayor Matson seconded the motion which carried 5-0. Commissioner Walshak appointed Anne Centi as an alternate member to the Education Advisory Board, without objection. Commissioner Harmening appointed Ron Washam as a regular member to the Community Relations Board, without objection. Mayor Weiner appointed Elizabeth Collins as a regular member to the Advisory Board on the Elderly, without objection. Vice Mayor Matson appointed Lois Rush as a regular member to the Advisory Board on the Elderly, without objection. Commissioner Aguila appointed Phyllis Colcord as a regular member to the Advisory Board on the Elderly, without objection. Commissioner Harmening appointed Ray Ene~ as a regular member to the Advisory Board on the Elderly, without objection. Commissioner Walshak appointed Marcia Applebaum as a regular member to the Advisory Board on the Elderly, without objection. Mayor Weiner appointed James Shanley as a regular member to the Advisory Board on the Elderly, without objection. Vice Mayor Matson, Commissioner Aguila, and Commissioner Harmening tabled their appointments to the Advisory Board on the Elderly. Mr. Miller advised a meeting of the Advisory Board on the Elderly cannot be call,ed; however, the members can be notified of their appointments and that they will be contacted when there is a full Board. Mr. Cherof advised there is no Board until all seven positions are filled. C, Designation of voting delegate for $6th Annual Florida League of Cities Convention in Nlamt from August 20-22, 1992 Mayor Weiner passed the gavel and moved to nominate Vice Mayor Matson as the voting delegate for the 66th Annual Florida League of Cities Convention in Miami. Commissioner Harmening seconded the motion which carried 5-0. - 34 - NINUTES - REGULAR CITY COHN~SSZON #EETING BOYNTON BEACH, FLOR];DA JUNE 16, 1992 D, Authorization to purchase a fully equipped crlme scene and evidence collection vehicle for the Pollce Deparment Mr. Miller advised this would replace unit 349, a four door Sedan. The dollars for this will come from the Police Forfeiture Fund in the amount of $48,963. #otton Commissioner Harmening moved to approve this purchase. Vice Mayor Matson seconded the motion which carried 5-0. E, Change Order No, 2 - Southport Dred91n9 - S&nltary Landfill Closure Project Carrie Parker, Assistant City Manager, advised that this will be the second and final change order on this project. The work at the landfill is bascially completed. It involves two items; one to assist the homeowners in the area; and the other has to do with the volume of trash, which was greater than what was originally estimated. Therefore, the terms of the contract had to be changed. Commissioner Harmening inquired if the engineer is paying half. Ms. Parker advised that the engineer is paying a percentage, not half. She also advised that the City is requesting that negotiations be reopened because the estimates were far off from the original estimates. Hotlon Commissioner Harmening moved to approve Change Order No. 2 for Southport Dredging for closing the sanitary landfill. Commissioner Aguila seconded the motion which carried 5-0. F, Change Order No, 1 - Youngqulst Brothers, Inc, - Aquifer Storage and Recovery Wett Mr. Miller said that due to the reduced transmissivity of the Floridan Aquifer, resulting in less artesian pressure, it is necessary to install a pump in this well rather than relying solely on artesian pressure to recover the stored water. The cost is estimated at $19,285 from the Capital Improvement Fund of thelUtilities Department. However, there will be one change order later that willi need to cover the electrical wiring at this well site. Commissioner Harmening pointed out that the ASR was part of the capital improvement program and is in the 1990 bond issue. Mot,Ion Commissioner Harmening moved to approve Change Order No. 1 for Youngquist Brothers, Inc. in the amount of $19,285. Vice Mayor Matson seconded the motion which carried 5-0. Change Order No, I - Ocean Ba3Constructlon, Inc, - Community Development Block Grant Subarea #1 (N, E, 11th, 12th and 13th Avenues between Seacrest Boulevard and Railroad Avenue) - 35 - NINUTE$ - REGULAR CITY COI~I$SION NEETING BOYNTON BEACH, FLORIDA ~UNE 16, 1992 Mike Kazunas stated this change order covers water and sewer services which could not be determined prior to construction because they are underground. These are estimated quantities and as the work proceeds may change. However, it is not anticipated they will increase by much. This change order is an increase in the amount of $8,984 for the City's share. Notion Vice Mayor Matson moved to approve Change Order No. 1. Commissioner Aguila seconded the motion which carried 5-0. H, Beautification Project - Nartln Luther King Boulevard Mr. Miller said this is a project to beautify Martin Luther King Boulevard from U. S. #1 West to Seacrest and a small portion of the park in the corner. The City went out for bids on this. The lowest bid was $75,000 and the highest bid was $117,000. This was a proposed $40,000 contract with twenty per cent coming from the State and twenty per cent coming from the City through the CRA funds. He reviewed this with the City Attorney, who felt the City should reject all bids and go out for bid again. Commissioner Aguila felt documents need to be prepared that an intelligent per- son can interpret and understand what they are being asked to do. He also felt too much was being asked for the amount of money. Mr. Miller advised that this project has to be done by the end of September. Notion Commissioner Aguila moved to reject the bids and go out again for bids for request for proposals so that the City has the ability to negotiate with the top proposal and not be locked into a bid number. Commissioner Harmening seconded the motion which carried 5-0. XI, CONSENT AGENDA A, Ntnute$ 1, Regular Clty Conmlsslon Neetln9 Nlnute$ of June 2, 1992 Vice Mayor Matson corrected the third sentence in the sixth paragraph on page 3 to read, "However, an alternative could be a nuisance abatement ordinance or an antiloitering ordinance." B, Bids - Recommend Approval - All expenditures are approved in the 1991-92 Adopted Budget 1, Annual contract for cleaning chemicals/Janitorial supplies The Tabulation Committee recommends awarding the bid to various vendors listed in the Purchasing Agent's June 9, 1992 memorandum to the City Manager. Award is based upon the lowest, most responsive, responsible bidder for each item. - 36 - MINUTES - REGULAR CITY CONNISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1992 C, Installation of 750 kw Generator at East Water Treatment Plant The Utilities Department recommended accepting the proposal from Fitch Electric Corporation for a "turn key" package covering materials, equipment and labor in the amount of $11,372, and purchase of the 450 KW Generator for $16,000. Fitch Electric Corporation will submit a check to the City for the credit balance of $4,628. D. Approve Budget Transfer - Finance Department Per Finance Memorandum 92-061, $900 should have been reduced from the Building Department's Travel, but was reduced from the Planning Department in error. E. Approve request for transfer of cemetery lots 340 A and B, Block S, Boynton Beach Nemorlal Park, Addition #1 Maurice F. and Eleanor M. Madden-have requested this transfer to Lorne & Sons Funeral Home. F, Approve request for transfer of cenmtery lot 12 A, Block Y, Boynton Beach Memorial Park, Addition #1 Kathy Arena has requested this transfer to Lois Partozes. G, Authorization to purchase Ntcrocomputer Word Processing Software for all city departments (conversion of OtsplayWrite to Word Perfect) Per Data Processing Memorandum dated June 8, 1992 to the City Manager, Michael Munro recommended the WordPerfect word processing program, since IBM is no longer marketing the DisplayWrite word processing program and will only be sup- porting the program for an additional year. The cost for this conversion is $10,634.48. H. Approval of Bills A copy of these bills is attached to the original minutes on file in the City Clerk's Office. I, Payment of Bills A copy of these bills is attached to the original minutes on file in the City Clerk's Office. Receive and file departmental activity reports Motion Vice Mayor Matson moved to approve the consent agenda as corrected. Commissioner Aguila seconded the motion which carried 5-0. XlI, OTHER None. - 37 - #INUTE$ - REGULAR CITY COHHI$SION #EETING BOYNTON BEACH, FLORIDA JUHE 16, 1992 XlII. ADJOURNHEHT There being no further business, the meeting properly adjourned at 12:30 A. M. THE CITY OF BOYNTON BEACH ATTEST: Cit~/Clerk - Recording Secretary (Six Tapes) Mayor ~'-~~~~~e r -~~'//~ CommisSioner / /// Commissioner - 38 - o 10. .XI. CONSENT AGElql)A H AGENDA cc: F~ance, Utilities Recreation June 16, 1992 A1 PAINT, INC. OF PALM BEACH Inv. $1808 - Cleaning & painting exterior pipe and stands of large roof top chillers - $1880.00; Inv. $1804 - clean- ing & painting Metal Storage Shop - $1680.00. Pay from Public Svs. Tax Constr.---30!-194-5-634-04 $ 3,560.00 ADVANCED MEDICAL & PHARMACEUTICAL SUPPLIERS 5 cases High Risk Latex Gloves for Fire Dept. Pay from General Fund---001-221-5-371-00 1,150.00 ALL STATE PAVER DESIGNS, INC. Installation of Interlocking Pavers for Community Improve- ment Project #4506. Pay from Community Improve. Fund---621-136-5-630-!4 Commission approved 8/27/90 24,008.00 ALLIED LIME Blanket P.O. 221 - Pebble Quicklime for Water Plant. Pay from Water & Sewer Rev---401-332-5-365-00 8,155.84 AMERICAN LIGHTING & SIGNALIZATION, INC. P.O. 88564 - Detectors - Boynton Bch Blvd& 1-95; 2 com- plete Opticum Traffic Control Devices including installa- tion ~ Woolbright Rd & U.S. #1 and Wootbright Rd & Congress. Pay from General Fund---O01-O00-!-450-20 Commission approved 9/19/91 20,536.65 BANK SUPPLY 500 Hex Bolts & Nuts and 1 18" X 10" Stainless Steel Tapping Sleeve & Valve for Utilities Admn. Pay from Utility Cap. improve.---404-O00-O-690-!0 Commission approved 2/18/92 1,725.00 BOYNTON BEACH CHILD CARE CENTER Payment 3 of 4 recommended by Community Relations Board. Pay from General Fund---001-194-5-989-00 5,000.00 STAN BROWN, INC. Repairs to Aerial Platform Vehicle 800. Pay from Self Insurance Fund---622-195-5-440-03 2,385.00 CAMP DRESSER & MCKEE, INC. Stormwater Master Plan Pay Request #3 - Phase I - services through 4/25/92. Pay from Stormwater Utilities---425-O00-0-692-10 8,347.00 CHARLES F. ANKROM, INC. 3,200.00 Partial payment P.O. 83 for architectural services per con- tract - Design Agreement for Golf Course. Pay from Golf Course Fund---411-726-5-680-09 COMi~iSSION Commission approved 8/20/91 JUN 16 1992 APPROVAL 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. DAVIS WATER & WASTE INDUSTRIES, INC. 10 CDR Box & Lid and i0 CDR Lid Only for Water Distribution. Pay from Water & Sewer Rev---401-333-5-387-00 "Stock Bid $032-401-92/VSMG" DECORA OFFICE FURNITURE/SUPPLIES 1 Chromecraft Triple Lounge and 15 Chromecraft Side Chairs for Ezell Hester Center Teen Room. Pay from Public Svs.Tax Constr.---301-721-5-642-02 EMERGENCY MEDICAL SERVICES Renewal of State ALS License. Pay from General Fund---O01-221-5-470-Ol FLORIDA POWER & LIGHT Provide UG service to new Boynton Recreation Activity Center. Pay from Public Svs.Tax Constr.---301-721-5-640-31 FORD NEW HOLLAND, INC. 1 Ford $3430 Tractor for Golf Course Maintenance. Pay from Golf Course---41i-O00-1-476-80 Per contract 765-900-91-1 HELENA CHEMICAL COMPANY Blanket P.O. 246 - Insecticides, Fungicides, Herbicides for Golf Course. Pay from Golf Course---411-726-5-361-00 HUGHES SUPPLY, INC. 1 Stainless Steel Tapping Sleeve, 1 Reducer w/acc and 2 M.J. 45 ClI0 w/acc, for Lift Station 3!3 Relocation. Pay from Water & Sewer Rev---401-351-5-390-06 ELECTRIC SUPPLY, INC. Materials for installation and upgrade of Electrical Svs. for Lift Stations 103, 404 and 503. Pay from Water & Sewer Rev---401-352-5-629-00 "Best of 4 written quotations" GULFSTREAM GRAPHICS INC. 100 Hot Pink Beach Stickers and 15,000 Fluro Green Beach Stickers for Citizen Services. Pay from General Fund---00i-132-5-472-00 IBM CORP. Blanket P.O. 41 - Annual On-Site Maintenance for AS/400 Equipment. Pay from various departments. 1,586.00 2,807.31 1,330.00 1,820.00 10,941.00 1,448.00 1,669.00 3,029.35 2,377.20 1,796.61 3,894.00 KIMMINS RECYCLING CORP. Blanket P.O. 1270 - Disposal of Constr. & Demo. Debris/ Appliances/Trash. Pay from Sanitation Fund---431-341-5-490-O1 COMMiSSiON JUN 1 6 1997. APPROVAL 22. 23. 24 LIQUID AG SYSTEMS, INC. Blanket P.O. 198 - Fertilizer for Golf Course. Pay from Golf Course---411-726-5-366-00 LAKE WORTH HERALD PRESS, iNC. Blanket P.O. 924 - Printing of 30,000/28 page Funfare Magazine. Pay from General Fund---O01-72i-5-472-00 M & L ROOFING Contract price for Re-roof Animal Control Control Bldg. Pay from Public Svs.Tax Constr.---301-192-5-629-05 1,437.60 9,1il.27 2,929.57 25. METRO-LADE POLICE DEPT. 130 Florida Law Enforcement Officers Hand Books. Pay from General fund---001-211-5-474-O0 1,235.00 26. MOTOROLA, INC. Nicad Batteries, Volume Control Knobs, Channel Selector Knobs and Antennas for Risk Management. Pay from General Fund---001-197-5-323-O0 "State Contract #450-120-92-1" 4,126.50 27. 28. NASCO 1 Mobile Art Lab, 15 Oak Stools, 1 Drawing Table & i Art Cart for Ezell Hester Park. Pay from Public Svs.Tax Constr.---301-721-5-642-02 O'BRIEN LANDSCAPING, INC. Installation of materials for project #4506. Pay from Community improve. Fund---621-136-5-630-i4 Commission approved 8/27/90 1,503.21 13,854.50 29. 30. OUTDOOR ALUMINUM 2 Aluminum Movable Benches and 5 Bleachers for Ezel! Hester Park/Ballfield. Pay from Public Svs.Tax Constr.---301-721-5-642-02 PASSON'S SPORTS Exercise Station, Pool Tables & Game Tables/Packs for Ezell Hester Park . Pay from Public Svs.Tax Constr.---301-721-5-642-02 4,026.00 7,056.90 31. 32. PITMAN PHOTO SUPPLY Film Supplies for Police Dept. Pay from General Fund---O01-2tl-5-380-Ol 1,082.51 POOLE & KENT COMPANY 4!9,447.20 Blanket P.O. 858 - Pmt. #4 - Construction of W.Water Treat- ment Plant. Pay from 1990 Construction Fund---409-O00-O-690-iO JUN 1 6 1992_. APPROVAL 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. PRIDE OF FLORIDA Blanket P.O. 252 - Tires & Tire Supplies for Vehicle Maint. Pay from Vehicle Service Fund---501-193-5-322-00 QUALITY GRASSING & SERVICES, INC. Blanket P.O. 1742 - Pmt.#3 - B.B. Municipal Golf Course Project Phase I. Pay from Golf Course Constr.---412-000-0-694-10 SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Use of County Landfill for May, 1992. Pay from Sanitation Fund---431-341-5-490-06 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User charges for treatment and disposal of wastewater for month of May, 1992. Pay from Water & Sewer Rev---401-353-5-490-09 SOUTHEASTERN MUNICIPAL SUPPLY 150 Ball Valves for Water Distribution. Pay from Water & Sewer Rev---401-333-5-387-00 TARE LAWN MAINTENANCE Blanket P.O. 68 - Landscape Maintenance Services. Pay from General Fund---001-722-5-430-15 TECHNICAL PRODUCTS CORP. Blanket P.O. 1815 - Bimetallic Zinc Polyphosphat Corrosion Inhib. of Water System for Water Treatment Plant. Pay from Water & Sewer Rev---401-332-5-365-00 THE CENTER FOR FAMILY SERVICES Employee Assistance Program for June, 1992. Pay from General Fund---00i-135-5-482-00 TRANE Furnish & install materials for both HVAC Systems for Ezei! Hester Teen Room. Pay from Public Svs.Tax Constr.---30i-721-5-640-30 Commission approved 3/17/92 VANCE & DONEY, P.A. Finizio vs. City of Boynton Beach. Pay from General Fund---001-141-5-468-O0 WATER RESOURCES 2 Homa Submersible Sewage Pumps & 2 Stainless Steel Lifting Bales for Lift Station 804. Pay from 1990 Constr. Fund---409-000-O-691-10 2,353.14 70,063.62 43,6i0.47 i40,175.80 2,325.00 4,891.25 7,920.00 1,408.35 1,435.00 1,979.15 3,715.00 COMMISSION JUN ~. 6 '1992 APPROVAL 44. BARNETT BANKS TRUST COMPANY, N.A. Principal Paying Agent Fee, Administrator Fee and Misc. Fees for City of Boynton Beach W & S 84A. Pay from Water & Sewer Rev---401-841-5-795-00 1,273.17 45. CH2M HILL Task Orders for period 3/25/92 thru 4/24/92 per attached breakdown of invoices. Pay from Water/Sewer Rev---401-391-5-465-00 Pay from W & S Util. Rev .... 421-000-0-691-21 Pay from W & S Util.Rev .... 421-000-0-690-21 Pay from 1990 Constr Fund--409-000-0-690-10 Pay from Util.Cap. Improve--404-000-0-690-10 $ 6,986.32 2,707.64 1,199.95 12,604.59 55,792.28 79,290.78 46. GEE & JENSON, INC. Navigation Channel - FIND Grant Application Permitting - Pro- fessional services for period ending 5/29/92. Pay from Public Svs.Tax Constr---301-721-5-640-29 5,452.34 47. JOSIAS & GOREN, P.A. ~~:i** Statement for Professional Services May, 1992 - $6355.05; 13,754.0~ Barfield vs City - $1015.35; Demarest Arbitration - $2078.30; ** error in Summit Assoc. - $1400.40; Mrotek - $1570.00; Tradewinds - addition. $220.00; Cook Constr. - $260.00; DCA Comp Plan - $100.70; PBA Lawsuit - $70.00; Manders Property to City - $53.21; Grimes Mfg. - $115.00; Stop n Go- $50.00; Buy Wise - $50.00; Za!e - $50.00; Perkins - $50.00; Macy - $100.00; Seplow - $50.00; Deserio - $50.00; Perry Drew - $50.00; Kaufman - $66.05; = $20,069.01 Pay from General Fund---O01-I41-5-461-00 48. MURRAY LOGAN CONSTRUCTION Blanket P.O. 1217 - Est. $1 - Sanitary Sewage Pumping Sta- tions #310, 408 and 411 for period 5/1/92 thru 5/31/92. Pay from W & S Util.Rev---421-000-0-691-2! Commission approved 2/4/92 72,000.00 49. SOUTHPORT DREDGING, INC. Blanket P.O. 1506 - Sanitary Landfill Grading and Drainage System Pay Est. #3. Pay from Sanitation Fund---431-34!-5-490-06 Commission approved 12/17/91 83,815.02 These bills have been approved and verified by the department heads involved, checked and approved for payment. Grady W~Swann, Finance Director I therefore recommend payment of these bills. JUN 16 1997 APF~uVAL . Scott Miller, City Manager CH2M HILL INVOICES Inv#03-428 $ 19,602.63 Professional services for the design and construction and testing of an Aquifer Storage Recovery Test .Facility. Inv#04-423 $ 15,239.07 Professional services for the design and construction and testing of an Aquifer Storage Recovery Test Facility. Inv#05-401 $ 6,986.32 T.O. 17 Professional services to prepare the FY-91 Water and Wastewater Annual Report Inv#05-406 $ 1,199.95 T.O. 18 Professional services for predesign of an additional storage tank facility. Inv#05-410 $ 11,138.61 T.O. 10G Professional engineering s~rvices for the design of the East Water Treatment Plant Clarifier Improvements Inv~05-413 $ 1,465.98 , Professional General Consulting Services for producing and sealing contract documents and plans per City Request Inv#05-414 $ 1,109.89 T.O. 16 Professional engineering services for groundwater resources evaluation Inv#05-418 $ 18,509.80 Professional services for the design and construction and testing of an Aquifer Storage Recovery Test Facility. Inv#05-455 Inv#05-460 $ 1,330.89 T.O. 19 Ecological services associated with the East Water Treatment Plant Expansion Site $ 2,707.64 T.O. 15 Professional design services and services during construction for Sanitary Sewage Pump Stations 310, 408 and 411 Total $ 79,290.78 Above Invoices for the Period of 03/25/92 thru 04/24/92 dUN AP~dVAL