Minutes 05-05-92MINUTES OF THE REGULAR CITY CONNISSION MEETING HELD IN CONt4iSSION CHANGERS,
CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NAY 5, 1992 AT 7,'00 P,M,
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 - #ayor Arltne Welner
B. Invocation - Moment of Silent Prayer
C. Pledge of Allegiance to the Flag led by Commissioner Robert Walshak
Mayor Weiner called the meeting to order at 7:00 p.m. After a moment of silent
prayer, Commissioner Walshak led the Pledge of Allegiance to the Flag.
D. Agenda Approval
1. Additions, Deletions, Corrections
vice Mayor Matson added an item under "New Business", B-3, regarding Law
Enforcement Planning Council.
Mayor Weiner added an item under "New Business", A-2 regarding a workshop on
Poiniciana School and an additional item, A-3, regarding voter control of City
taxes.
2. Adoption
Comm~issioner Harmening moved the adoption of the agenda as amended.
Comm~issioner Aguila seconded the motion which carried 5-0.
.E. Announcements
1. Proclamations:
a. National Historic Preservation Week - Hay 10-16~ 1992
MayOr Weiner read the Proclamation declaring the week of May 10-16, 1992 as
National Historic Preservation Week.
b. Emergency Medical Services Week - May 10-15, 1992
Mayor Weiner read the Proclamation declaring the week of May 10-16, 1992 as
Emergency Medical Services Week.
c. Better Water for People Week - Mas 3-9, 1992
MayOr Weiner read the Proclamation declaring the week of May 3-9, 1992 as Better
Water for People Week.
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d. National Public Works Week - Na~ 17-23, 1992
Mayor Weiner read the Proclamation declaring the week of May 17-23, 1992 as
National Public Works Week.
e. Nuntclpal Clerks' Week - Nay 3-9, 1992
Mayor Weiner read the Proclamation declaring the week of May 3-9, 1992 as
Municipal Clerks' Week°
f. Boyntons Redevelopmen~ Actlon GrouD, Inc. - B,R.A,G,
Mayor Weiner read the Proclamation declaring the establishment of Boynton's
Redevelopment Action Group, Inc.
2. Water Treatment Plant Open House - Wednesd~, Na~ $ and Thursd~,
NLV 7, 1992 from S:OO a,m, to 12:00 noon
City Manager Miller reported that beginning tomorrow, May 6th, and continuing
through Thursday, May 7th, the Utilities Department is sponsoring an open house
at the Water Treatment Plant in conjunction with the American Water Works
Association "Better Water for People Week". Plant tours will be conducted and
all are invited.
Mayor Weiner acknowledged the presence in the audience of Senator Robert Wexler
and Representative Mark Foley.
Mayor Weiner asked that the item under "Old Business" discussing FDOT Bridge
Over the Intracoastal Waterway at the Boynton Beach Boulevard Alignment be moved
up on the agenda before the Presentations.
Notion
Commissioner Harmening moved to approve moving the FDOT Bridge item up on the
agenda. Vice Mayor Matson seconded the motion which carried 5-0.
FDOT Brtdge over the Intracoastal Waterway at the Bo~nton Beach Blvd.
Alignment ..................................................... TABLED
Notion
Commissioner Aguila moved to take this item off the table. Vice Mayor Matson
seconded the motion which carried 5-0.
City Manager Miller stated that at the last meeting in April, there were
discussions regarding the FDOT bridge alignment at Boynton Beach Boulevard ver-
sus a replacement bridge at Ocean Avenue. Staff was directed to invite our
representatives to this meeting for discussions regarding the bridge.
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Senator Wexler thanked the Commission for the invitation and stated that he and
Representative Foley want to be of assistance. Both of them contacted the DER
and DOT to let them know they are very interested in this issue and would be
appearing before the City Commission to receive direction. Senator Wexler
agrees this is a local issue and feels the DER and the DOT will be cooperative.
Senator Wexler is aware that the hold up comes from the West Palm Beach Office
of the DER and he has spoken with the Acting Director of that office,
Representative Foley agreed and asked where the City wants the bridge located.
The DER is trying to get word from Tallahassee as to the direction they propose.
Some of the DOT issues have been discussed with them such as expanding the
bridge span to protect the mangroves. DER does not feel this is a firm offer
and has not as yet reacted. They continue to assert that Ocean Avenue is pre-
ferable. Representa-tive Foley and Senator Wexler both objected to the Ocean
Avenue location because of Ocean Towers, the Banana Boat, and such a span would
destroy many residential areas. They further feel that Boynton Beach Boulevard
should extend from the ocean to connect with the new turnpike interchange. He
feels DOT is concurring with the cities who have agreed that Boynton Beach
Boulevard is the proper location for the bridge.
Vice Mayor Matson mentioned that the Ocean Avenue location presents a problem
because it is in such disrepair that it can only be shored up. It cannot be
rebuilt because it has only a 10' clearance and does not meet the 25' clearance
specified by the Coast Guard. There was a better meeting with DER in
Tallahassee and they are investigating moving the bridge further west to make
room for the mangroves and seagrass. The Commission voted on the location and
agreed to it with the Town of Ocean Ridge.
Commissioner Harmening stated that the Commission unanimously feels that the
location of the bridge should be on Boynton Beach Boulevard because much damage
will be done if it is built on the Ocean Avenue site. He questioned whether the
Secretary of Commerce's office would be very effective in moving Carol Browner
to talk to the local people, Senator Wexler stated that the governor needs his
vote on his tax proposal and he feels this is a small favor to ask of him. He
stated he has a good relationship with the Secretary of the Department of
Transportation and Mr. Farmer. He will be with the governor this week and will
contact all of them in an effort to get them to support the City's position.
Commissioner Harmening pointed out that it has been many years and a decision is
still not final. Representative Foley explained that building on Ocean Avenue
will have an ecological impact, It cannot be mitigated. There are enough
mangroves in the entire area to supply all of the marine life. Both represen-
tatives agreed to encourage the building of the bridge on Boynton Beach
Boulevard.
Commissioner Aguila reiterated the fact that the Commission is unanimous in its
decision to have the bridge on Boynton Beach Boulevard.
Commissioner Walshak pointed out that Former Mayors Nick Cassandra and Ralph
Marohese have worked on this for many years and it is about time to get it done.
He asked Representative Foley to discuss his idea regarding the area where the
mangrove is located.
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because of the actions of Mr. Underwood in removing sand from the wash water
recovery basin, the City realized a cost savings of $8,500.
Mr. Underwood thanked everyone for the award of appreciation and all who worked
with him to get the job done. He looks forward to an opportunity to institute
moreideas in the future.
2. Task Force on the Elderly - Report of Findings and Recormmndations
Bett~ Collins reported that the report of findings and recommendations is
avaiilable for review at the Library and in the Public Information Office.
The iTask Force was instituted to identify the needs of the elderly residents of
Boyn!ton Beach and investigate ways to provide assistance in meeting the needs.
MajOr problems of aging include health, medical care, housing, transportation,
information access, crimes against the elderly, recreation and social needs were
inve)stigated. It is necessary to maximize self-sufficiency and personal inde-
pendence of the elderly through community services. The City cannot meet all of
the )needs of its citizens, but the City can incorporate the services of volun-
teens to assist the elderly. There are many support groups which need coor-
dination within the City. The State of Florida now has a Department of Elder
Affairs and it is important to implement community services.
The ~Task Force was surprised to learn that over one-third of the City's popula-
tion is over sixty years of age and 7,500 residents are over age seventy-five.
A questionnaire was distributed by the Task Force and over 500 responses were
received. This questionnaire served as a survey of the needs. The results of
that questionnaire are available along with the report of findings. The Task
ForCe makes the following recommendations:
1. The appointment of a permanent advisory board for elder affairs.
Set up retired senior volunteer programs known as RSVP. A station
should be set up in the City for volunteers to provide many of the ser-
vices for homebound residents.
3. Seek Federal and State grants to provide for services.
4. Monitor and lobby for legislation regarding the elderly.
5. Make arrangements for the medical mobile unit already in operation in
Palm Beach County to bring it here to Boynton Beach.
o
Provide a pamphlet of available programs for seniors. Many services are
available, but are overburdened and cannot provide the intended
services.
7. Provide a speakers bureau, workshops and educational meetings on topics
of interest for seniors.
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8. Recommend free legal programs and banking services for the homebound.
9. Provide recreation and social programs.
There are many services which can be provided which will not place a burden on
the City's budget. A core of volunteers can be formed to meet the needs of
elders in the City. This will require time and a great deal of effort, but
those who have worked on the Task Force are willing to follow through on the
recommendations.
Betty Collins thanked Mayor Weiner for her compassion for the elderly. She
further thanked the City Commission. She stated that the City of Boynton Beach
has an opportunity to reach out to the elderly. The Task Force has accepted the
challenge to move ahead. Ms. Collins asked the members of the Task Force to
identify themselves.
Mayor Weiner thanked Ms. Collins for chairing the Task Force and for the work
performed by the group. She explained that this Task Force was very anxious to
get .started and understands the problems facing the elderly.
~,t!on
Mayor Weiner passed the gavel and moved that the Commission ask the City
Attorney to draft an ordinance to begin the permanent advisory board on the
elderly. Commissioner Aguila seconded the motion.
Vice Mayor Matson wondered if a problem would arise since some of the people who
worked on the Task Force are already assigned positions on the Community
Relations Board. Attorney Cherof explained that there is a rule that a person
maylnot serve on two boards at the same time and they will have to make a
choice. Mayor Weiner does not anticipate problems in filling the positions of
those who wish to resign from the Community Relations Board for a place on this
newiadvisory board.
The motion carried 5-0.
II, BIDS:
None
III, PUBLIC HEARING:
Project Name: Cedar Grove PUD
TABLED TO MAY 19, 1992
Agent: Julian Bryan
Owner: Cedar Grove Investments, N.W.
Location: The east side of South Seacrest Boulevard,
approximately 100 feet south of SE 31st Avenue
{South Seacrest Scrub Site}
Description: REZONIHG: Request to rezone 53.69 acres from
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R1AA, 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.
Mayor Weiner announced that this public hearing has been tabled to the May 19,
1992 meeting.
IV, PUBLIC AUOIENCE:
N,tckl Cassandra of 8852 Jasper DFtve) Boynton Beach) appealed to the Commission
for approval for a land use zon~'ng change. Land Was donated for the purpose of
building a child abuse center. Funding is by grants and donations only. They
are Dna tight budget and the City requires an architect, landscape architect,
siteiplanner, civil engineer, traffic engineer and surveyor and a fee. That
money is not available. He distributed a map for viewing by the Commission
which depicted the piece of land. Michael Morton donated the land. There is
direlct access into the property. They are looking for a Public Usage concept.
The i"L" shaped piece of land is the City's passive park and and public usage
would be continued. The land is currently zoned R1AJk. He asked for a consensus
of approval for the change.
Mayor Weiner explained that she is not comfortable giving approval, but will
consiider it and have the City Manager, City Planner and City Attorney investi-
gate it.
Mr. Cassandra explained that the preliminary work with the City Planner has been
donei. Only volunteers go to the center. It will be a one-story building con-
taining offices and a conference room. $6,600 has been raised in the construc-
·
tlon! fund and they want to build without a mortgage.
ComnHssioner Harmening stated that nothing seemed negative about this plan, but
it nleeds to be examined more closely.
City! Manager Miller will follow through on this item.
Henrietta Solomo~n of~39 NE 26th Avenue) Boynton Beach) thanked Vice Mayor
Matslon for her efforts in ~e~-E~g the landscaPing on the medians in north
Boynlton Beach. She questioned when this landscaping will begin.
City Manager Miller reported that the City is developing plans for landscaping
on the shoulder on the west side of U.S. #1 from the C-16 Canal north. When the
plani is complete, the landscaping will begin. We are also working with FDOT who
has
Marc
cons
wher
irri
to H
tentatively scheduled the storm sewer rehabilitation contract letting for
h, 1993. The contractor will then have sixty to ninety days to commence
truction. Mr. Chesser is willing to work out a joint-project agreement
eby FDOT will provide all landscaping at their cost if the City provides the
gation. In addition, U.S. #I will be resurfaced from the C-16 Canal north
ypoluxo Road.
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Wllda Searcy o_~f 402 HIE 13th Avenue, Boynton Beach, stated she met with Community
Development and they are willing to relocate residents if it is necessary to
expand Poinciana. She asked the City to discuss this situation with the resi-
dents. She spoke about the homes at 1-95 and 22nd Avenue. In her opinion,
there is a dangerous situation in that area and feels the homeOwners should be
relocated. Mrs. Searcy reported that she will be leaving the City to go north
until July. She urged rebuilding the Black community.
Reverend Alkens o_.~f 407 NW 13th Avenue, Boynton BeaCh, asked for help in getting
the property bordering the canal cleaned up. A Snake was found on church pro-
perty. The weeds look like trees. He feels a serious danger exists. He
further mentioned the median strip. He stated it is a safety hazard and he
fear!s a child will be hit by an automobile. He asked that the situation be
revilewed again. He further requested that the streets in the area be swept.
Althiough we do not have an operable street sweeper, City Manager Miller reported
thati funds are available for contracting. Discussions have been held with the
Publqc Works Director on this subject.
Scotit Blasie agreed to meet with Reverend Aikens outside of Chambers to obtain
the !information regarding the canal area.
City! Manager Miller reported that it will cost $38,000 to remove the median
strilp. The City does not have the finances to do that. The Parks and
Recneation Department is reviewing plans to relandscape the median strip.
Reve)rend Aikens pointed out that there is no irrigation on the strip. Reverend
Aikeins quoted from the Florida Statutes and the City Ordinances with regard to
the )obstruction of traffic.
Mayo? Weiner stated that this issue will be discussed during the upcoming budget
proc)ess.
V, [DEVELOPHENT PLANS:
None;
VI. iLEGAL:
iA, Ordinances - 2nd Reading - PUBLIC HEARING
Proposed Ordinance No, 092-11 Re: Amend Seasonal Sales Ordinance
{Special Events) to permit outdoor retail sales by not-for-profit
organizations
Attorney Cherof read Proposed Ordinance No. 092-11 by title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
!AMENDING APPENDIX A - ZONING, SECTION 11, SUPPLEMENTAL REGULATIONS, TO
iPERMIT OUTDOOR RETAIL SALES BY NOT-FOR-PROFIT ORGANIZATIONS; PROVIDING THAT
iEACH AND EVERY OTHER PROVISION OF APPENDIX A - ZONING, NOT SPECIFICALLY
iHEREIN AMENDED, SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED;
iPROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
iAUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE.
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Lloyd Powell of Al~Florlst, 1112 N, Federal Highway, Boynton Beach, would
like this Ordinance written in such a manner so that it prohibits someone from
securing a piece of paper from a not-for-profit organization with a promise of
giving them a small percentage of the profits to use their name, and then
keeping the remainder of the money for themselves. He wants to be sure that
100% of the profits go to a not-for-profit organization.
Attorney Cherof explained that no restriction currently exists in the Ordinance
which would permit someone from doing this, but a provision could be added to
Subsection N-1 which would restrict the ability of the not-for-profit organiza-
tion from splitting profits with anyone else. This will be extremely difficult
to monitor.
Attorney Cherof suggested the application disclose the intentions and have the
appl)icant swear under oath. He explained the following language would be
necessary to Section 1, N-l:
"The not-for-profit organization in its application to the City shall
disclose whether or not it is splitting profits with a not-for-profit
organization."
Bob Olenlk, 29 D Crossings Circle, Baynton Beach, does not think such a change
~iil ~'olVe t~ problems of the Ordinance. He explained that the Dick Webber
Child Abuse Center allows plant sales twice a year, but has a company supply and
help sell the plants while they assist in the sale. However, they do not get
100% of the profits. They would not be able to have this type of fundraiser
without such an arrangement with a vendor.
Mayor Weiner agreed and feels this stipulation would be unenforceable.
~alv!n Cearley, president of Prime B~ located at 211 $, Federal Highway,
Boynton 8each, said the Ro~'~ry Cl'ub sells Christmas trees each year under the
same premise as the Dick Webber Child Abuse Center. A vendor supplies and sells
the !trees and keeps part of the profit.
Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-11 on
second and final reading without amendment. Commissioner Aguila seconded the
motilon. A roll call vote was polled by City Clerk Sue Kruse. The vote carried
5-0.1
Ordinances - 1st Reading:
None
iC, Resolutions:
Proposed Resolution No, R92-$5 Re: Renewal of Snack Bar Concession
Lease at Oceanfront Park between the City of Boynton Beach and Lyse
Ste~ko, Partners Plus, Inc.
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Attorney Cherof read Proposed Resol~ution No. R92-65 by title'only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE
AGREEMENT FOR THE SNACK BAR CONCESSION AT OCEANFRONT PARK BETWEEN THE CITY
OF BOYNTON BEACH AND PARTNERS PLUS, INC.; AND PROVIDING AN EFFECTIVE DATE.
Norton
Commissioner Harmening moved the adoption of Proposed Resolution No. R92-65.
Commissioner Aguila seconded the motion which carried 5-0.
Proposed Re$olutlon No, R92-66 Re: Ratification of South Central
Regional Wastewater Treatment and Disposal action of April 16, 1992
reference authorizing the release of funds from the Sinking Fund in
the amount of $1,500,000 to the City of Boynton Beach
Attorney Cherof read Proposed Resolution No. R92-66 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 16, 1992, AUTHORIZING THE RELEASE OF FUNDS FROM THE SINKING
FUND TO THE CITY OF BOYNTON BEACH; AND PROVIDING AN EFFECTIVE DATE.
Notlon
Commissioner Harmening moved the adoption of Proposed Resolution No. R92-65.
VicelMayor Matson seconded the motion which carried 5-0.
®
Proposed Resolution No, R92-67 Re: Ratification of South Central
Regional Wastewater Treatment and Disposal action of April 16, 1992
reference authorizing payment to CDM for Extra Engineering Services
on the Odor Abatement-Aeration Basins and Effluent Pump Station Ex-
pansion
Attorney Cherof read Proposed Resolution No. R92-67 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 16, 1992, AUTHORIZING PAYMENT TO CDM FOR EXTRA ENGINEERING
SERVICES ON THE ODOR ABATEMENT-AERATION BASINS AND EFFLUENT-PUMP STATION
!EXPANSION; AND PROVIDING AN EFFECTIVE DATE.
Notion
Commiissioner Harmening moved the adoption of Proposed Resolution No. R92-67.
Commiissioner Aguila seconded the motion which carried 5-0.
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e
Proposed Resolutlon No. R92-68 Re: Ratification of South Central
Regional Wastewater Treatment and Disposal action of April 16, 1992
reference authorizing Change Order No. 4 (Final/Reconciliation) to
SCE, Inc. for the Odor Abatement-Aeration Basins and Effluent Pump
Station Expansion
Attorney Cherof read Proposed Resolution No. R92-68 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 16, 1992, AUTHORIZING CHANGE ORDER NO. 4 (FINAL/RECONCILIA-
TION) TO SCE, INC., FOR THE ODOR ABATEMENT-AERATION BASINS AND EFFLUENT PUMP
STATION EXPANSION; AND PROVIDING AN EFFECTIVE DATE.
#ottOn
Vice) Mayor Matson moved the adoption of Proposed Resolution No. R92-68.
Commissioner Aguila seconded the motion which carried 5-0.
5. Proposed Resolution Ho, R92-$9 Re: Authorize purchase of service
agreement for the EDICON Photoimage Management System in the Police
Department
Attorney Cherof read Proposed Resolution No. Rg2-69 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 FOR THE EDICON COMPUTER IMAGING SYSTEM, A COPY OF SAID APPLICATION
BEING ATTACHED HERETO; AND PROVIDING AN EFFECTIVE DATE.
Commlissioner Aguila asked for clarification on this item. It was explained that
the Original cost of this project was approximately $40,000. The funds became
avai)lable from the forfeiture fund.
Motl~n
Commissioner Harmening moved the adoption of Proposed Resolution No. R92-69.
Comm~issioner Aguila seconded the motion which carried 5-0.
6. Proposed Resolution No, R92-70 Re: Assessing lot mowing liens
Attorney Cherof read Proposed Resolution No. R92-70 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF
THE PROPERTY INVOLVED, AND FOR OTHER PURPOSES.
Cityi Clerk Sue Kruse assured Commissioner H~rmening that the names on the list
werei brought up to date and are correct.
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7. Proposed Resolution No. R92-71 Re: Assessing lot mowing liens
Attorney Cherof read Proposed Resolution No. R92-71 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF
THE PROPERTY INVOLVED, AND FOR OTHER PURPOSES.
8. Proposed Resolution No, R92-72 Re: Assessing lot mowing liens
Attorney Cherof read Proposed Resolution No. R92-72 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
SSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF
HE PROPERTY INVOLVED, AND FOR OTHER PURPOSES.
9. Proposed Resolution No, R92-73 Re: Assessing lot mowing liens
Attorney Cherof read Proposed Resolution No. R92-73 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF
THE PROPERTY INVOLVED, AND FOR OTHER PURPOSES.
10. Proposed Resolution No, Rg2-74 Re: Assessing lot mowing liens
Attorney Cherof read Proposed Resolution No. R92-74 by title on y.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF
THE PROPERTY INVOLVED, AND FOR OTHER PURPOSES.
Attoirney Cherof advised that one motion could be made to cover Proposed
Resoilutions Nos. R92-70, R92-71, R92-72, R92-73 and R92-74.
#otl)on
Commissioner Aguila moved the adoption of Proposed Resolutions Nos. R92-70,
R92-~.1, R92-72, R92-73 and R92-74. Vice Mayor Matson seconded the motion which
carnied 5-0.
11.
Proposed Resolution No, R92-75 Re: Ratification of the City
Commission approving the Kiwanis' request to name the passive park
located at NE 22nd Avenue opposite the Royal Palm Clubhouse as the
"Kiwanis-Sierra Clubs Park"
Attorney Cherof read Proposed Resolution No. R92-75 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
ATIFYING BOARD ACTION OF APRIL 21, 1992, APPROVING THE KIWANIS' REQUEST TO
FFICIALLY NAME THE PASSIVE PARK LOCATED AT N.E. 22ND AVENUE THE "KIWANIS-
SIERRA CLUBS PARK"; AND PROVIDING AN EFFECTIVE DATE.
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Lloyd Powe11, lnmediate Past President of the Bo2nton Beach Klwants Club and
Brad Welgle, President of the Boynton Beach Kt~anls Club approached the podium
~-[hank the City Commission for ratifying their action in naming the passive
park the Kiwanis-Sierra Clubs Park. Mr. Powe11 stated this is one of five pro-
jects undertaken by the Kiwanis Club during 1991 and they received the Florida
State Award for projects done in the community.
Notion
Commissioner Harmening moved the adoption of Proposed Resolution No. R92-75.
Commissioner Aguila seconded the motion which carried 5-0.
12.
Proposed Resolution No. R92-76 Re: SuppOrt City's grant applica-
tion to Florida Inland Navigation District for Downtown Mangrove
Nature Park
Attorney Cherof read Proposed Resolution No. R92-76 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS
ASSISTANCE PROGRAM FOR DESIGN AND CONSTRUCTION OF DOWNTOWN MANGROVE NATURE
PARK.
Commissioner Aguila feels that limiting the requests for RFPs to engineering
firms is a mistake. He thinks design firms should be included.
This item was handled earlier in the meeting.
13. Proposed Resolution No. R92-77 Re: Adopt job description for Legal
Assistant/Paralegal
Attorney Cherof read Proposed Resolution No. R92-77 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
ADOPTING THE JOB DESCRIPTION OF LEGAL ASSISTANT/PARALEGAL; MAKING THIS
POSITION PART OF THE PAY PLAN; AND PROVIDING AN EFFECTIVE DATE.
Motion
Vice Mayor Matson moved the approval of Proposed Resolution No. R92-77.
Commissioner Aguita seconded the motion.
Commissioner Aguila asked for clarification on why this was being done. Mayor
WeiSer explained that there has never been a job description for this position
and she recently received her paralegal degree. There is no increase in pay.
The motion carried 5-0.
- 13 -
MINUTES - REGULAR CITY COMMISSION
BOYNTOM BEACH, FLORIDA
HAY 5, 1992
14. Proposed Resolution No, R92-78 Re: Boynton Bay - Project Close
Out/Release of Final Payment for NE 4th Street Improvements
Attorney Cherof read Proposed Resolution No. R92-78 by title' only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING PAYMENT BY THE CITY OF BOYNTON BEACH TO R.C. BOOS, INC.,/FELNOR
CONSTRUCTION, INC., IN THE AMOUNT OF $75,000 IN REGARD TO THE PROJECT CLOSE
OUT FOR BOYNTON BAY APARTMENTS {a/k/a THE HAMLET}; AND PROVIDING AN EFFEC-
TIVE DATE.
Attorney Cherof stated that Section ! of this Resolution should be amended to
include the word "first" between developer and installing.
Mike) Kazunas, City Engineer, explained that the project has been completed with
the exception of the sidewalks across the internal entrance drives, the $10,000
assurance to cover use of non-specified asphalt on NE 4th Street improvements,
and irelease of the $75,000 pledge which fulfills our obligation to this project.
The developer has argued about the sidewalks because they were not intended on
the Plans, the Codes do not require them on private roads, and the sidewalks
across thedrives are not access/egress drives. After review, staff found merit
to the argument.
Regalrding the non-specified asphalt, the Florida Department of Transportation
alloWs an S-3 asphalt for surfaces. The City has approved its use on request
for non-public roads. The material is suitable. Mr. Kazunas feels the likeli-
hood! of calling in the $10,000 is minimal. When these two arguments have been
settiled, the project is then complete and the $75,000 bond can be released.
Commjissioner Aguila wondered if the developer's plans specified Type S-2 or Type
S-3 asphalt. He feels the developer's point is valid regarding the sidewalks.
HoweUer, if he indicated that he was going to use S-2 asphalt and now is
changing his mind, that could sway his decision. Mr. Kazunas stated that the
levejl of quality is the issue, and he does not feel the S-3 is a lesser quality
thanj S-2. There is very little difference between the two materials.
MotiOn
Commjissioner Aguila moved to authorize the release of the $75,000 and not
requjire the sidewalk or change in the asphalt. Vice Mayor Matson seconded the
motion.
Thene was discussion regarding the meaning of the motion and Attorney Cherof
clarified that if the intention is to accept the staff recommendation, the Reso-
luti!on shOuld be moved as written with the word "first" inserted.
Commiissioner Aguila rephrased the motion.
Mot, lion
Commiissioner Aguila moved to approve Proposed Resolution No. R92-78 with the
chanQe of adding the word "first" in Section 1. Vice Mayor Matson seconded the
.I
motllon which carried 5-0.
- 14-
MINUTES - REGULAR CITY COHHISSION
BOYNTON BEACH, FLORIDA
HAY 5, 1992
OTHER:
Authorization for foreclose Code Enforcement Board Lien #91-20003341
- Boynton Lakes Plaza Development .,,...,...,.,,,,,,,....,,. TABLED
Motion
VicelMayor Matson moved to remove this item from the table. Commissioner Aguila
seconded the motion which carried 5-0.
Scott Blasie reported that he has been in contact with Tom Skubal who has taken
steps to mitigate the blowing sand. He has been working to level the piles of
sand along Congress Avenue. He has added additional snow fence and done some
mulching. He is working to bring the area into control. The sidewalks have
been~cleaned along Congress Avenue. Mr. Skubal was in attendance.
Motion
Commissioner Harmening moved to put this item back on the table until we can see
how [he situation develops and if the remedial measures are effective. Commis-
sioner Aguila seconded the motion.
Vice Mayor Matson said they have done a good job and suggested that if there are
citations in the future, Lennar should also be cited since they have sand at
that location.
The motion carried 5-0.
Towtng contract between Murphy's Towing and the Ctty of Boynton
Beach ....,..,........,.,............,........,....,......,. TABLED
Morton
Vicei Mayor Matson moved to remove this item from the table. Commissioner
Harmening seconded the motion. A roll call vote was polled by City Clerk Sue
Krus)e. The vote was 2-3. {Mayor Weiner, Commissioner Aguila and Commissioner
Harmening cast the dissenting votes.)
Consider an ordinance reference the regulation of yard waste for the
residential communities
Carrie Parker, Assistant City Manager, explained that this is a request for
authorization for the City Attorney and staff to prepare an Ordinance for first
reading at the next meeting. The State law has been changed and we can no
longer co-mingle garbage with yard waste in the same truck. Because of this
fac~, two separate pick-ups will be provided. Solid Waste Authority will begin
finiing the City on October 1st. The City will institute this program prior to
that date to educate the public.
- 15 -
MINUTES - REGULAR CITY CONNISSION
BOYHTOH BEACH, FLORIDA
NAY 5, 1992
Commissioner Harmening moved to instruct the City Attorney to draft the
apprlopriate Ordinance to change the garbage pick up on October 1st to segregate
the garbage from the yard trash in accordance with State law. Commissioner
Aguila seconded the motion which carried 5-0.
A SHORT RECESS WAS CALLED BY MAYOR WEINER AT 8:45 P.M.
VII.! OLD BUSINESS
A. South Central Regtonal Wastewater Treatment and Disposal Board -
Slnklng Fund - $1,5 m1111on ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,TABLED
Nottlon
Com~lissioner Harmening moved to remove this item from the table. Commissioner
Aguiila seconded the motion which carried 5-0.
AttOrney Cherof reported on FAXED copies of letters received from Jim Vance and
Howard Whitaker responding to his letter regarding the ability to use the funds
that were designated as sinking funds but were held by the City after the City
expended Bond Revenue and Sewer Cap Fees. A question was posed to them as to
whether Resolution YYY, which was in association with the 1985 bond issue,
controlled the use of the funds. They have responded that Resolution YYY does
control the use of the funds. The City should transfer the $1.5 million to the
General Reserve Fund for Utilities, but the funds can be used by the City for
any ipurpose that the original bond money could have been used for.
In ~esponse to Commissioner Walshak's question, Attorney Cherof agreed that the
money could be used for utility demolition projects.
B. Report on rellef from distance requlroments between business establish-
ments selltng liquor and other uses (reference Federal Highway)
Attorney Cherof researched this issue to see if a variance procedure could be
built in for certain circumstances. It is his opinion that the distance
requirement cannot be changed without undermining it completely. Unless the
Commission would like to abolish the distance requirements, he suggested leaving
it intact.
C. FOOT Brtdge over the Intracoastal Water, ay at the Boynton Beach Blvd.
Alignment ............................................. .... .... TABLED
This item was handled earlier in the meeting.
- 15-
MINUTES - REGULAR CITY
BOYNTON BEACH, FLORIDA
NAY 5, 1992
VIII~ NEW BUSINESS:
A. Items for discussion by Mayor Arline Weiner:
1, Open meetlngsllegal consultations
Mayoir Weiner reported that a letter was received from County Commissioner Carole
Phil)lips regarding open meetings and legal consultations. Commissioner Phillips
suggiests working together to have the "sunshine" law removed from legal con-
sult)ations. The Palm Beach County Municipal League supports this recommen-
dati)on. Mayor Weiner encouraged the Commission to go on record by Resolution in
support of Commissioner Phillips' stand as well as that of the Municipal League.
She iexplained that legal consultations on a one-on-one basis become very costly.
commissioner Aguila agreed with Mayor Weiner and would support a Resolution.
commissioner Harmening is in agreement but pointed out that this has been tried
in the past and the Florida Legislature has not changed the law. Vice Mayor
MatSon agreed to support a Resolution and asked for a consensus from the
Commission to bring this forward at the Florida League of Cities Intergovern-
mental Relations Committee. Commissioner Walshak agreed to support a Resolution
in this regard. Vice Mayor Matson received the consensus from the Commission to
bring this issue forward to the Intergovernmental Relations Committee.
Attorney Cherof will bring this Resolution back to the Commission for review.
2, Workshop on Poinciana School
MayOr Weiner announced that a meeting was conducted with the Palm Beach County
SchOol Board at Poinciana School last Thursday. All present at the meeting
realized the importance of the school to the neighborhood. Mayor Weiner would
like a workshop on Poinciana School to discuss the abandonment of the streets,
the possible inclusion of Wilson Center for a joint agreement with the School
Board and perhaps relocation on one of the involved streets. Mayor Weiner urged
arranging this workshop as soon as possible.
3, Voter Control of Clty Taxes
Mayor Weiner reported that the Florida League of Cities is backing an amendment
on Voter control of city taxes. She read from the notice which encourages the
Legislators to place the amendment on November's ballot. She asked for a con-
sensus from the Commission on whether or not to support it.
There was a consensus of the Commission to support this amendment.
TheKe will be a Special Session of the Legislature on May 18, 1992. Mayor
WeiSer asked that a letter stating our support be sent to members of the
leg)slative delegation in time for that meeting. City Manager Miller will
follow through on this request.
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BOYNTON BEACH, FLORIDA
liAY 5, 1992
B. Items for discussion by Vice Mayor Lynne Matson:
1, FY 92/93 CDBGApplication
Vice Mayor Matson explained that the H.C.D. recommended funding at only
$256,000. The City of BOynton Beach asked for $330,000 for Capital Improvements
(Phase II), Northeast 11th to Northeast 13th Avenues for FY 92-93. She
suggested lobbying the three County Commissioners to see how much concern they
have! for the City. She asked for a consensus from the Commission to have a
letter sent to all County Commissioners asking for the entire sum of $330,000
and requesting consideration on the two requests which were denied. She would
also like to phone the County Commissioners because she, Mr. Hawkins and Mike
Kazunas will attend the County Commission meeting when this comes forward.
Mike Kazunas said that the grant was in excess of $100,000 of what the contract
turned out to be for Phase I. Palm Beach County Housing has agreed to allow the
City to roll over that $100,000 as a change order at the end of the project.
The~remaining work left after Phase I of the original contract was approximately
$500,000. That figure will drop to $400,000 with the $100,000 rollover and with
the~ pledge from Utilities, it will drop to $300,000. That was the reason for
the lamount specified on the grant. Mr. Kazunas reminded them that the $100,000
commitment from Utilities is conditional on doing the contract within two years
in two phases. If it cannot be done in that manner, he suggested they fund that
$I00,000 for the utility relocation.
Conmlissioner Walshak left the dias.
MayOr Weiner stated that Commissioner McCarty has requested a Mayor's meeting on
May 22nd. Mayor Weiner will lobby her on this item. City Manager Miller
advised that it should be stressed to the County Commission that a good portion
of ~hese funds which come from HUD are based on Boynton Beach's population.
Whe~ we go over a population of 50,000 and go on the program alone, the City
could receive funding of $500,000 to $600,000 per year. If the City pulls out
of this program, the County will lose many dollars. This fact will be stressed
in a letter to be prepared by City Manager Miller.
2, Update on Royal Poinciana Festival
Vice Mayor Matson reported that last year, Eleanor Michelli explained to her
that the cities of Lake Worth, West Palm Beach, Riviera Beach, etc., have festi-
vals in the spring heralding the Royal Poinciana tree. She proposed starting
thi~ tradition in Boynton Beach. Several meetings have been conducted and Ms.
Michelli is aware the City has no money for this festival. Vice Mayor Matson
asked that the Latch Key Program send some children to entertain. She will seek
donations from McDonald's as treats for the children. A Royal Poinciana tree
will be planted on City grounds at a cost of $40. Vice Mayor Matson will pay
that fee and will recoup her money from the sale of Royal Poinciana trees. The
remainder of the money raised from the sale of the trees will be used for the
Festival next year. Bob Matson will set everything up for the Festival. No
additional Police will be required. The Post Office will be involved With a
special stamping. The Festival will be held on June 6th. They hope to make
this an annual event.
- 18-
MINUTES - REGULAR CZTY CONNIS$ION
BOYNTON BEACH, FLORIDA
NAY 5, 1992
3. Law Enforcement Planntng Council
Vice Mayor Matson asked Chief Hillery to answer some questions regarding the Law
EnfOrcement Planning Council. She read that Boynton Beach will be one of the
largest cities involved in this Council and wanted some clarification that ~the
Sheriff,s Office was not attempting to have the Boynton Beach Police Department
work under the County.
Chief Hillery explained that approximately five years ago, he served on the Palm
BeaCh County Criminal Justice CommiSsion. The Palm Beach County Criminal
Justice Commission contracted for astudy of the criminal justice system to come
up With ideas for improvement. Oneof the areas studied was cooperation among
agencies within the system, As a result, this Planning Council was formed.
Cities with a population of over 25,000 have talked about a task force to combat
driVe-by shootings. These are the types of programs being discussed. They are
al~O interested in County-wide use of force policies and pursuit policies for
standardization purPoses throughout the County. He does not anticipate any
attempts at a power grab by the County.
Vice MayOr Matson reconfirmed that this is intergovernmentalcooperation between
the!cities.
c°mmissioner Walshak discussed a letter he received from Major Martin Turner
~--~ of ~ake Worth with reference to an Ethnic Training Program. Chief Hillery
,i expliained that the subject of financing such a program is now being discussed.
, It Would be a great idea to get other departments involved in the program.
L . Con~nissioner Walshak agreed.
C. Items for discussion by Commissioner Bob Walshak:
Traffic signalization at the intersection of BoYnton Beach
BOuievardandindustrt~n~ --
Commiissioner Walshak stated that a few years ago, areas were indicated
throughout the City where traffic signals were needed. He has been contacted by
many) people regarding the installation of a traffic signal at Boynton Beach
Boulevard and Industrial Avenue. He feels the situation is desperate and. has
been) made worse with the inclusion of plantings on the median. He requested
that) a traffic study be perfOrmed in an attempt to prove the need for the
signal.
Commissioner Aguila said Mike Kazunas has updated him on this subject. He is
alSo) concerned about the plantings which have created a worsened situation.
Some) of the plantings may be raised to help the situation
Mike)Kazunas said several months ago, the DOT had a meeting to try to solve the
prob)em. Their sOlution was to close the island so that left turns were not
possible. He explained the City would not be pleased with that arrangement
since access at that location is necessary. At a meeting with Walter Lashley
- 19 -
#ZNUTE$ - REGULAR C~TY COI~HZ$$[ON
BOYNTON BEACH, FLORIDA
HAY 5, 1992
years. When the paramedics respond to a call, Bethesda Ambulance also responds.
The~paramedics stabilize and package the patient who is then put into the ambu-
lance for transport to the hospital. The paramedic goes in the ambulance along
with the City's equipment. The rescue truck follows to retrieve the paramedic
andthe equipment.
The study was done to determine how much revenue could be generated for the City
if the Fire Department began ALS transports. An overhead chart was viewed by
those present showing how figures were decided. It was determined that there
were approximately 1,570 ALS transport candidates in 1991. Medicare payments
were used as a standard for the billing charges. Medicare will reimburse
$235.21 as an ALS rate, $21.92 for oxygen and $16.32 for mileage. {The mileage
was~based on a trip of three {3) miles at $5.44 per mile.) The total reimbur-
sement from Medicare would be $273.45. This figure, multiplied by the projected
number of ALS calls, would generate a gross revenue figure of $429,316.50. It
is not anticipated that this entire amount will be collectable. Medicare will
payi80% of the ALS charges and by accepting assignment, the reimbursement is
sent directly to the City.~ The remaining 20% is a co-pay which becomes the
patient's responsibility. When using the figure of $273.45, the patient's 20%
portion would amount to approximately $54.
Mr.~Ness explained that collections are possible in several ways. Medicare was
used as a basis for this study. A non-participating agency for Medicare would
allow acceptance of assignment on select patients. On residents, assignments
woul!d be accepted, For non-residents, a standard rate would be charged. Using
the 1,570 calls, it was determined that approximately 1,256 {or 80%} would be
resident transports. The remaining 314 (or 20%) would be non-resident trans-
ports. The $273.45 figure was multiplied by 1,256 {residents) to arrive at a
figure of $343,453.20 in revenue. The remaining 314 {for which there would be
no assignment) would be multiplied by a figure of $488 and result in $153,232.
The ifigure of $488 was based on Bethesda Ambulance's charge to the residents in
Ocean Ridge. By combining both amounts, Mr. Ness arrived at a gross revenue
figu)re of $496,685.20.
There was much discussion with regard to fee collection. Mr. Ness used a figure
prov)ided by the West Palm Beach Fire Rescue Department. They have been uti-
liziing Advanced Data Processing for 4½ years. This company provides fee collec-
tionis for West Palm Beach, Lake Worth and others in Dade County. West Palm
Beach has billed out over $2.8 million over the past fifty-five {55} months.
They) have collected $1.4 million in revenue. The City of West Palm Beach was
charged $109,000 for 15,000 calls. That amounts to approximately $7.22 per
calll. When Mr. Ness estimated the cost for Boynton Beach, he used a figure of
$10 per call. Multiplying 1,570 calls by that $10 charge per call, the total
charge amounts to $15,700 per year for collection costs. This cost includes an
800 number for billing inquiries. The City submits the information on the
billing, and they handle the collection.
CityiManager Miller referred to the figures regarding collection results. He
pointed out that it would be necessary to hire at least one additional clerical
employee. That could amount to $25,000 and he explained that the gross revenue
figuKes would have to be adjusted to reflect this salary. H~wever, the
rema)ning gross revenue is still a six-figure amount ona 40~ collection.
- 22 -
#INuTE$ - REGULAR C];TY CO)4HI$$ION
BOYNTOH BEACH, FLORIDA
14~Y 5, 1992
the City's concern was expressed and arguments for a traffic signal were pre-
sented as well as other improvements. The traffic engineer felt the signal
would lower service on eastbound Boynton Beach Boulevard because of the signal
now located at Old Boynton Road. Mr. Kazunas agrees with that argument. Mr.
Kazunas then pursued access to eastbound Boynton Beach Boulevard by going under-
neath the existing bridge. This would require the purchase of some homes.
Another alternative is that the improvements on 1-95 will improve the bridge.
FDOT)decided to look at other approaches and delayed the closing of the median.
Comm)ssioner Walshak requested the Commission support this request for a traffic
signal at this location. Commissioner Walshak stated that this intersection
meets at least five or six traffic warrants listed in the DOT manual. He
further stated that the manual states it is only necessary to meet one of the
warrants to warrant a traffic signal.
There was a consensus of the Commission that a strong approach must be taken
with) DOT.
City) Manager Miller will develop a strong Resolution which might help result in
action. Attorney Cherof will draft the appropriate Resolution.
2, Old/closed Wastewater Treatment Plant
Commissioner Walshak stated that this property is a cornerstone to getting many
of the projects associated with Poinciana School off the ground. The demolition
of thisl plant is long overdue. While everyone seemed to favor its demolition,
the iproblem was where to find the money for its removal. In response to his
question, City Manager Miller confirmed that money is available for the demoli-
tion! because of the acceptance of the $1.5 million into the Utility General
Reselrve Fund. As a second alternative, funds could be used from the CIP Fund.
The~e is $700,000 in that Fund. Responding to Commissioner Walshak's question,
AttOrney Cherof stated he does not see any problems in using the sinking fund
money for the ,demolition.
Moti
Con~
insi
the
THE
Con31
haze
fun(
ord(
bef¢
shot
notl
on
dssioner Walshak moved that we budget $400,000, direct the City Manager to
ruct the Building Official to prepare the appropriate documents for bid for
demolition and site clearance of the old wastewater treatment plant.
MOTION DIED FOR LACK OF A SECOND.
dssioner Aguila feels that the wastewater treatment plant is an eyesore, a
~rd and a liability problem and must be dealt with. Because of the fact that
Is have now become available, he would like a survey done of the facility in
~r to determine if there is any use which can be made of any of the buildings
~re they are demolished. The tanks which have no positive value to the City
ild be torn down immediately. If a determination is made that there is
Hng of value on the site, then everything should be demolished. He feels it
is premature to demolish everything if some of the facilities could be used.
NINUTE$ - REGULAR CITY CONNI$$ION
BOYNTON BEACH, FLORIDA
NAY 5, 1992
ttion
commissioner Aguila moved that we survey the facilities, prepare documents to
demolish the tanks and anything of no value, clean and clear the site and use
themoney from the appropriate source.
THEiMOTION DIED FOR LACK OF A SECOND.
D. Consider request from Prime Bank for the City Commission to support and
recognize their efforts in forming a 501, C-3 Corporation to implement
the redevelopment of our City's downtown area {Boynton's Redevelopment
Action Group, Inc. - B.R.A.G.)
Cal Cearley, President of Prime Bankt located at 211 $, Federal Hlghwa~ Boynton
BeaCh~ explained that this request is on behalf of the Chamber of Commerce and
the)Downtown Business Association. Many attempts have been made to do something
with the downtown area to no avail. He believes that if City officials and the
private sector join forces and form Boynton Redevelopment Action Group
{B.R.A.G.), those improvements can be made. This group will be a 501, C3
CorPoration. The Board of Directors would include ten {10} members from the
private community, one {1) City Commissioner, one {1} City Manager, one {1} City
Police Chief, one {1) City Planner and one {1) City Fire Chief. Mr. Cearley
will serve on the Board along with Bob Hill from Bethesda Hospital.
MayOr Weiner is very pleased with the organization of the group and offered help
wheq necessary although she pointed out that the City has no funds available to
offer. Vice Mayor Matson was part of the first B.R.A.G. meeting and requested
being the Commissioner chosen for the B.R.A.G. Board of Directors. There was no
objection from any of the Commissioners.
E. Consider request to hold Fourth Annual Seafood Festival at the City's
Ten-Acre Intracoastal Park - September 26 & 27, 1992 and permission to
serve beer and wine during the Festival
Notion
Commissioner Harmening moved to approve the Chamber's request. Commissioner
Agu!la seconded the motion which carried 5-0.
F. Discussion on report regarding the City Emergency Medical Service
Division {Fire Department} transporting Advanced Life Support {ALS}
patients
City Manager Miller stated that this is a report prepared by the Fire Department
relative to Advanced Life Support transport. The report was done to determine
the feasibility of the Fire Department getting involved in such transports.
JimiNess, EMS Coordinator, reported that the current system is two tiered. This
S '
ysqem came about at the inception of the paramedic program in 1976. There are
two separate levels of service. Advanced Life Support {ALS} service is a para-
medic service. Bethesda Ambulance has been the transport agency for several
- 21 -
#INUTE$ - REGULAR CITY COMI4ISSZON
BOYNTON BEACH, FLORIDA
MAY $, 1992
Commissioner Harmening questioned whether or not any study was performed to show
theiCity's increased exposure in insurance. City Manager Miller reported that
there would be no rate increase with the Florida League. However, there will be
higher liability relative to exposure. There would be no rate change for
Workers' Compensation, but the exposure would be slightly higher.
Commissioner Aguila asked for clarification on the expenditures to implement
this program. City Manager Miller pointed out that there would be a minimum of
$25~000 if a Clerk III was hired for the position. It could be possible that
that figure would be increased depending on the job classification desired.
commissioner Aguila wondered how the City would deal with a resident who feels
this service is owed to him because he pays taxes. Commissioner Harmening
agreed. City Manager Miller feels this may be a problem but the public will
have to be educated. He feels this is a problem which can be overcome. Mr.
NesS stated that he receives a lot a calls from the public regarding the fact
that the City is doing so much work, but the ambulance company is receiving the
paYment. He does not feel the problems would be significant. Vice Mayor Matson
pointed out that if assignment is accepted, most people will not be paying out
of pocket. Mayor Weiner explained that many people have no insurance and
Com~issioner~ Harmening feels that only 30% of the patients will be covered by
Medicare.
'Con)~issioner Walshak pointed out that it is important to note what we are making
now)and realize that anything collected would put the City ahead.
Ed I~e,amon~ President of the Flreflghters' Union, said that 100% of the fire-
~-Tgi~ters ar~~ this program. He stated that these employees are active
memL)rs of the community. The firefighters want this program instituted for the
.pur)ose of increasing patient care continuity and patient care expedience. It
~was determined by the joint council of Fire Chiefs Association and Medical
!Dir(~ctors in Palm Beach County that the Fire Department EMS treatment and
~tra ~sport was the best system for patient care continuity. These people are
)tra ned in a variety of situations which might arise. No increased workload has
ibeer identified because the City is currently assisting now. Mr. Leamon stated
)thai if Medicare is accepted as payment, the patients will pay nothing. By
)acc(~pting Medicare, the job will be performed for less money than what is
icurr'ently charged by the private ambulance companies. He pointed out that what-
ever Medicare does not cover, the ambulance companies bill to the patient. He
!stated the City is looking to charge only the assignment fee and, therefore,
)there will be no costs over and above that figure. He said that every fire-
ifig~ter, staff and line operations are 100% prepared to handle this respon-
isibility. They are ready to begin at any time.
~ Gulbrandsen~ Training Officer for Fire Rescue, stated that the entire staff
~Ob% EMT traine~ With on6-third ~'F~ined at the paramedic level. All opera-
)tion~l personnel are trained to assume this duty. Regarding duplication of ser-
viceis, the City must maintain transport-capable units. There are times when the
ambu)ance transport provider is not available to respond and the City is now
resppnding With a transport-capable unit two-thirds of the time. The Fire
Department is planning to go to a third transport-capable unit in October. Many
people questioned why two units are responding to a call. He stated that this is
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#AY 5, 1992
themovement throughout Palm Beach County and South Florida. Hollywood,
Hallendale, Miramar, Sunrise and Margate are already doing this. Deerfield
BeaCh and Delray Beach are investigating a proposal similar to that presented by
JimNess. The State Division of EMS-HRS has ruled that the current two-tiered
system is not in keeping with their interpretation of the rules for EMS opera-
tion in the State of Florida. In Broward County, they advocate a single
response system. This trend is moving.
Commissioner Harmening questioned who will transport BLS. It is the City's
position that Bethesda Ambulance is best qualified to handle these transports
and the City does not wish to take them over. If a determination is made to go
with the City providing ALS transports, only the City will respond when there is
an ALS transport, but both the City and Bethesda will respond when BLS transpor-
tation is required.
In response to a question posed by Commissioner Aguila, Mr. Gulbrandsen
responded that Medicare coverage begins at sixty-five years of age or earlier
with a disability.-If a patient does not have insurance, service will be pro-
vided and the patient will be billed. -'
Kevln Clair of 1815 Stonehaven Drive and Scott Rester~ Administrator of the
~$d-'~'-A~b~a~-~-s~'rvlce'were""present t~pond to t'~e City's prop~'~al, Mr.
Clair addEessed inaccuracies in the City proposal.
Commissioner Harmening questioned how many of the City EMS employees moonlight
forlBethesda. Mr. Clair responded that at times, as many as twelve and now,
only two on a part-time basis.
Mr. ~Clair stated that there are omissions from the proposal which would alter
the!financial viability of the proposal. He pointed out that the City would
have to bill people for whom Medicare assignments were accepted. It is illegal
and )considered Medicare fraud not to bill for the 20% difference.
Contlrary to the proposal, if the Fire Department assumes the responsibility of
ALS itransports, there would be a net decrease in total units available for
resp)onse. The Fire Department vehicles used in ALS transport would be out of
serv)ice longer because they would have to:
1. obtain billing information;
decontaminate the vehicle which includes removal of blood
and other decontaminates to meet OSHA and other Federal
and State requirements can take up to one hour. No blood
can remain in the vehicle; and
possibly go back into service withoUt a stretcher. This
would result in the need to purchase more stretchers and
equipment.
- 24 -
MINUTES - REGULAR CITY COMMISSION
BOYNI'ON BEACH, FLORIDA
IVY 5, 1992
Mr.: Clair further discussed Bethesda's reputation regarding quality. Only 7% of
6,000 hospitals in the United States received the highest level of commendation
received by Bethesda Hospital. He stated that Bethesda's response times meet
all. County mandates. Changing to a single response system will result in no
reduction in delays.
In discussing the economic issues, Mr. Clair said that staff estimates regarding
netl revenue are grossly oVerstated. The number is approximately $140,000. He
said it does not matter what you charge. What matters is what you collect. He
proceeded to identify expenses. Regarding billing, accounts receivable and
customer service, the number would be $20,000 to $40,000. He stated that
Boynton Beach is one of the worst paying municipalities in the County. He
further stated that there would probably be a need for two clerks, not one as
proposed because much information needs to be included in the packet before it
is sent to the billing service. Supplies are used in the vehicles and must be
replaced. Mr. Clair stated that financing of accounts receivable must be pro-
vided. Many people do not pay for at least ninety day. He feels it will cost
at least $10,000 to finance the accounts receivable.
Mr. Clair feels the Fire Department concept relies on too many erroneous assump-
tions. It raises too many questions and would alter a current system which
works.
Commissioner Aguila liked the Fire Department's presentation and realizes this
could generate revenue for the City. He feels there are concerns which need to
be addressed. Some of those concerns are the cleaning of the vehicle and the
gathering of patient information. Mr. Leamon stated that all the ALS equipment
which goes to the hospital minus the stretcher belongs to the City. They are
currently performing the clean up of these vehicles. There will be no increase
in clean-up time except for the cleaning of the stretcher.
Commissioner Aguita does not feel Bethesda's agrument is convincing even though
some issues were raised which need further investigation. Mr. Ness suggested
invi)ting the EMS Chief from West Palm Beach to discuss their plan and
experience.
Commissioner Harmening feels there are some inconsistencies. He pointed out
that! in transporting an ALS patient, there is a driver and two people in the
back) of the truck. That is one more person than is currently used. Where will
that) person come from? Mr. Ness explained that the screening of calls will be
part) of this procedure. By modifying the current staffing, the Fire Department
is c!ertain there will be enough manpower to supply additional staff on the back
of t)he vehicles. A pumper will also respond. Commissioner Harmening wondered
if f!ire suppression would be degraded. Mr. Ness did not believe fire suppres-
sion) would be affected.
Mayor Weiner pointed out that this is a beginning proposal which needs further
inv%tigation. She would like this item put back on the table and have Mr.
Miller come back to the Commission with more information. Further, Mayor Weiner
would like to arrange a meeting with the EMS Chief from West Palm Beach.
- 25 -
#INUTE$ - REGULAR C~TY CONI4155ION
BOYNTON BEACH, FLORZDA
MAY 5, 1992
In response toCity Manager Miller's question, Mayor Weiner feels it would be a
good idea to conduct a workshop on this item. Mr. Miller stated that the
figures will be refined and a workshop will be organized to discuss the details
of this proposal.
G. Lawrence Lakes - Approval of Letter of Credit
Mike Kazunas explained that the City is not in possession of a Letter of Credit
to approve. The developer would like to begin work without the surety posted.
Mr.)Kazunas recommends limiting the City's liability and allowing the developer
to begin the on-site improvements while the developer's bank arranges for the
Letter of Credit. The inspections will be conducted during that time. When the
Letter of Credit in the full amount is received, the City could release portions
of it.
City Engineer Kazunas reported that the developer is concerned that if he
receives thirty days without surety, he will have performed approximately
$96~000 worth of work. He would then like to secure the Letter of Credit in an
amount reduced by the cost of the work which was already performed. Mr. Kazunas
is Wot comfortable with this suggestion. Mayor Weiner agreed. Mr. Kazunas'
recommendation is for the granting of a thirty-day waiver for the developer to
perform the on-site improvements only. At the end of thirty days, work will be
hal :ed unless the bond is received.
Geo~'~e~uller of 11288 Manatee Terrace~ Lake Worth~ said they are trying to get
th~job done'a~ so--6~s ~61e. The ba-'~a~reed to write a Letter of Credit,
but it is taking a long time to get that accomplished. They are requesting an
opportunity to use their own money and get the on-site work done. When the bond
is written, they would like an allowance for the work done, approved, and
accePted. The Letter of Credit would then be for the balance of the work.
The~e are two phases of work to be performed; $100,000 for on-site improvements
and $100,000 for off-site improvements. He stated the on-site improvements can
be (
art'
Vic(
dat'*
amo L
Mill
of 1
wor~
com~
rem~
the
:ompleted within two weeks. He could not supply a response regarding the
val of the Letter of Credit.
Mayor Matson asked Mr. Fuller if he had a problem with staff's recommen-
on. His only problem is the requirement for the Letter of Credit in the
~nt of $204,000 when $100,000 of the work would have already been done. Mr.
er clarified staff's recommendation for the Letter of Credit in the amount
204,000 with a stipulation that the bond will be reduced by the amount of
which the City, by inspection, determines has been satisfactorily
leted. He was assured that the City would not require $204,000 if the work
ining amounts only to $100,000. However, if the work is not satisfactory,
City will require the $204,000.
Rtc)
reg~
tif)
Motl
Vice
~ Engineer for the project, understood the City Manager's explanation
'rding the Letter ~-~-C~it and realized that he will be the person cer-
ing that the improvements will be done and the City Engineer will verify it.
on
Mayor Matson moved to accept the recommendation of staff.
- 26 -
NINUTE$ - REGULAR CITY COI~I$$ION
BOYNTON BEACH, FLORIDA
HAY 5, 1992
Mr. Kazunas stated that if the work is performed and found unacceptable and
there is no Letter of Credit, the work cannot be removed.
Commissioner Harmening was not overly impressed with doing business in this
manner. He said although it may be expeditious, it can result in trouble.
Haurlce Rosenstock of One Villa Lane~ Boynton Beach~ stated that the City has
always demanded in advance a [~tter of C~edit. He ~eels a precedent is now
being set and wondered what will happen in the future.
R~ck Rossi explained that the developer went into default, followed by the bank
andlthen the bank was taken by the FDIC. At that time, the water lines were in
the ground and tested, the drainage system was in and tested and the sewer
system was in and televised. What is now being discussed is an asphalt wearing
surface for 2,200 feet of roadway and some grating work. The bulk of this work
is On Lawrence Road.
On that basis, Mr. Rosenstock retracted his statement.
AttOrney Cherof asked that the motion not be in the form of a waiver, but in the
form of permission to commence work pending the processing of a Letter of Credit
and surety bond. Vice Mayor Matson accepted this language for the motion.
Commissioner Aguila seconded the motion which carried 5-0.
IX. CITY MANAGER'S REPORT:
City Manager Miller reported that the Historic Preservation Advisory Council met
Mar~h 31st through April 2nd in Tallahassee. Ms. Parker attended the meetings
with members of the Women's Club relative to our application for grant assist-
ance for the Boynton Beach historic school. The City was awarded matching grant
aid!assistance in the amount of $27,500.
Car~ie Parker reported that she plans to propose on the next Commission agenda
that the Commission appoint a task force to work with staff on this project. It
will) be necessary to develop an RFP, interview design engineering firms and
gathier community input on the use of the buildings when the City acquires them.
Somei names will be proposed from the Historic Society, the Chamber of Commerce
and ithe Downtown Development GrOup. The next step would be to enter into a
long)-term lease purchase with the School Board with the first payment not being
in tihe City budget until the 93-94 fiscal year.
X, ADNINISTRATIVE:
NotiOn
Accept resignations from Heinz Born and A1 McGregor as alternates for
the Building Board of Adjustment and Appeals
Commissioner Harmening moved to accept the resignations from Heinz Born and A1
McGregor. Commissioner Aguila seconded the motion which carried 5-0.
- 27 -
#INUTES - REGULAR CITY CONI4IS$ION
BOYNTON BEACH, FLORIDA
NAY 5, 1992
B. A~cept resignation from Michael Burns, Parks and Recreation Board
#o~on
Vice Mayor Matson moved to accept Michael Burns' resignation from the Parks and
Recreation Board. Commissioner Aguila seconded the motion which carried 5-0.
C. Board Appointments:
APPOINTMENT
TO BE REG/
MADE BOARD ALT
Hamening CRAB Reg
Aguila Bldg. Bd. of Adj. & Appeals Reg
Weiner Planning & Development Board Reg
MatSon Planning & Development Board Reg
Aguila Planning & Development Board Reg
Harmening Planning & Development Board Reg
WalShak Planning & Development Board Reg
Weimer Planning & Development Board Reg
Mat$on Planning & Development Board Reg
Aguila Planning & Development Board Alt
Harmening Planning & Development Board Alt
MatSon Bldg. Bd. of Adj. & Appeals Alt
WalShak Bldg. Bd. of Adj. & Appeals Alt
WalShak Recreation & Parks Board Reg
LENGTH OF TERM
EXPIRATION DATE
Term expires 8/92 TABLED
3 yr term to 4/95 TABLED
Term expires 4/93
Term expires 4/93
Term expires 4/93
Term expires 4/94
Term expires 4/94
Term expires 4/94
Term expires 4/94
Term expires 4/93
Term expires 4/93
Term expires 4/93
Term expires 4/93
Term expires 4/95
Co.n~_issioner Harmening asked that his appointment to the CRAB be left on the
table.
Commissioner Aguila requested his appointment to the Building Board of
AdjUstment and Appeals be left on the table.
MayOr Weiner nominated Gary Lehnertz as a Regular member of the Planning and
Development Board without objection.
Vic~ Mayor Matson nominated Bradley#iller as a Regular member of the Planning
and )Development Board without objection
commissioner Aguila nominated Dean Flemin9 as a Regular member of the Planning
and )Development Board without objection.
commissioner Harmening nominated Shirley Stevens as a Regular member of the
Planning and Development Board without objection.
Commissioner Walshak nominated Naurtce Rosenstock as a Regular member of the
PlanningL and Development Board. A roll. call vote was polled by City Clerk Sue
Krus~. The vote was 1-4. {Mayor Weaner, Vice Mayor Matson, Commissioner Aguila
and Commissioner Harmening cast the dissenting votes.)
Commissioner Walshak nominated Nathan Collins as a Regular member of the
Planping and Development Board without objection.
- 28 -
MINUTES - REGULAR CITY COi~HISSION
BOYNTON BEACH, FLORIDA
HAY 5, 1992
MayOr Weiner nominated #arll~n Huckle as a Regular member of the Planning and
Development Board without objection.
Vice Mayor Matson requested her appointment of a Regular member of the Planning
and Development Board be tabled.
Commissioner Aguila nominated Paul Davis as an Alternate member of the Planning
and!Development Board with no objection.
Commissioner Harmening nominated Nat Su$$ma11 as an Alternate member of the
Planning and Development Board with no objection.
Vic~ Mayor Matson requested her appointment of an Alternate member of the
BuiTding Board of Adjustment and Appeals be tabled.
COmll
Bui
Corrm
Rec~
#or1
Hssioner Walshak nominated Barr~ Bar$o11 as an Alternate member of the
ding Board of Adjustment and Appeals with no objection.
~issioner Walshak nominated Nat Weln$chel as a Regular member of the
eation and Parks Board without objection.
D. Consider appointing student to the Education Advisory Board
Mayoir Weiner passed the gavel and moved to accept the Education Advisory Board's
nomilnation of student Sharlene Deann Jones to the Education Advisory Board.
Co~issioner Harmening seconded the motion which carried 5-0.
Com~issioner Walshak left the dias.
I E. Change Order #1 for closure work at the City Landfill - Southport
Dredging, Inc.
Carriie Parker explained that work is being done at the City Landfill to excavate
the ~outh bank and clean out the trash. There was more trash than had been
estimated which necessitates the Change Order for cubic yards to be excavated
and additional transportation costs. The contract time was increased by twenty-
one Nays. Everything is going well at the site.
Comm
Dred
$1o5
sion
City
o¸11
~ssioner Harmening moved the approval of the Change Order for Southport
2ing, Inc. in the amount of $48,941 and Pay Estimate #2 in the amount of
~289.75. Vice Mayor Matson seconded the motion which carried 4-0. (Con~nis-
.r Walshak was away from the dias.)
F. Change Order #1 for 1-95/NW 22nd Avenue Utilities Relocation - Bergeron
Land Development, Inc.
Manager Miller pointed out that this contract is 100% reimbursable by FDOT
- 29 -
NINUTE$ - REGULAR CITY CONNI$$ION
BOYNTON BEACH, FLORIDA
I~Y 5, 1992
Notion
Commissioner Harmening moved the approval of Change Order #1 for Bergeron Land
Development, Inc. for the 1-95/NW 22nd Avenue corridor. Vice Mayor Matson
seconded the motion which carried 4-0. (Commissioner Walshak was away from the
dias.)
G. Palm Beach County Municipal League Report
Commissioner Harmening reported that the League is going forward in a reasonable
joi~t venture with the cities and counties and our City Planner is the chairman
of the Planning Committee. The Director's seat has been saved for the City of
Boynton Beach.
~ H. Consider purchasing an advertisement in the special convention issue of
' Quality Cities Magazine
Vice Mayor Matson moved to deny the purchase of an advertisement. Commissioner
AgU~la seconded the motion which carried 4-0. {Commissioner Walshak was away
from the dias.)
I. City Manager's proposal to eliminate/disseminate/assign the divisions
of Purchasing, Warehouse, Facilities Management and Communications
Commissioner Harmening pointed out that this proposal will save the City
approximately $47,000.
comraissioner Walshak returned to the dias.
Co~issioner Aguila feels it is difficult to schedule a part-time employee and
hasmsome concerns about the hourly wage. Commissioner Marmening suggested
disqussing this at a future meeting.
Cit~ Manager Miller explained to Ms. Cox that if neither party feels this
arrangement is in the City's best interest a thirty-day termination may be pro-
vid~d. Commissioner Walshak confirmed tha~ the Assistant Purchasing Agent will
be ~dvanced to the PurChasing Agent.
Not'on
Comnissioner Harmening moved to accept the City Manager's report. Commissioner
Aguila seconded the motion which carried 5-0.
J. Authorization to purchase an Advanced Life Support Rescue vehicle
{replacement) for the Emergency Medical Services Division
The Fire Department is attempting to eliminate the box units and re lace them
with Ad~ance~ Life Support systems. This purchase is advantageous ~or patient
care ano continuity. It is necessary to send a letter to the vendor and the
payment for this vehicle will be appropriated in the 92-93 budget.
- 30 -
NINUTES - REGULAR CITY COt~J~I~ION
BOYNTON BEACH, FLORIDA
NAY 5, 1992
Norton
Vice Mayor Matson moved to approve the authorization to purchase an Advanced
Life Support Rescue vehicle. Commissioner Walshak seconded the motion.
commissioner Aguila requested clarification on this item. City Manager Miller
explained that there are two types of units. One of the units is a box and the
other is a transport unit. One of the units has a good box but the chasis is in
bad'shape. The best of both units will be put together and the remainder will
be discarded. Jim Ness reminded the Commission that the purchase is paid for
with a matching grant from the State.
The motion carried 5-0.
K. Public Works Safety Rodeo for National Public Works Week
City Manager Miller stated this is a request to host a safety rodeo at the old
wastewater treatment site. This rodeo will not involve speeding. Maneuvers are
setiup. In response to Mayor Weiner's question, Mr. Eichorst explained that
this site is probably the only place where there would not. be a great liability
for)the City. This site meets the necessary requirements. The rodeo will be a
skil!ls test similar to the CDL test.
There was a consensus of the Commission to approve proceeding with this event.
L. Data Acquisition and Control System/Process Instrumentation Control
city Manager Miller reported that the City will have to go out under the CCNA
because the work exceeds the $20,000 to $25,000 threshold. Attorney Cherof felt
it Would be difficult to justify this as an add on and this is the kind of
extension the CCNA contemplates. Although Mr. Miller is not pleased to do this,
he Wants to avoid a challenge. Mr. Guidry does not want to go through CCNA
because it is time consuming, but it will be done. He asked that it be done in
a fast-track fashion because the documentation stipulates that we are on a
narnow time line in getting the construction dollars spent. He stated that if
the )design was started tomorrow we will just make it in time.
~ Welsh with CH2N Hill ~f 800 .Fairway Drlve~ Deerfleld Beach~ said his firm'
has no-~c~ ~ ~ going 'to Stanley, but ~ ~e to give a legal
interpretation on CCNA.
Notion
Commissioner Harmening moved to go out on competitive negotiations on DACS.
Commissioner Aguila seconded the motion which carried 5-0.
IX, CONSENT AGENDA;
A. Minutes:
1. Regular City Commission Meeting Minutes of April 21, 1992
- 31 -
#INUTE$ - REGULAR CITY COf~ISSZON
BOYNTON BEACH, FLORIDA
HAY 5, 1992
2. Special Workshop Meeting Minutes of April 23, 1992
3. Special City Commission Meeting Minutes of April 28, 1992
4. Special City Commission Meeting Minutes of April 30, 1992
B. Bids - Recommend Approval - All expenditures are approved in the
1991-92 Adopted Budget:
1. Annual Supply Zinc Polyphosphate
The
CORI
usa
res
The
Tabulation Committee recommends awarding the bid to TECHNICAL PRODUCTS
'ORATION, Portsmouth, Virginia for $.792 per lb. x 52,000 lbs. (estimated
le) : $41,184. TECHNICAL PRODUCTS CORPORATION has been chosen the best
~onsive, responsible bidder, meeting all required specifications.
2. Brass Fittings & Accessories
Tabulation Committee recommends awarding the bid to various vendors by the
ovel'all Lot by Lot Totals. This bid has been awarded to the best responsive,
responsible vendors who have met all required specifications.
3. Co-op Bid for bulk quicklime
The lCooperative Purchasing Council of Palm Beach County jointly renewed the bid
to ALLIED PRODUCTS, of Birmingham, Alabama, in the amount of $81.96/ton x 2,500
ton~ {estimated usage} : $204,900. The best responsive, responsible bidder
meeqs all specifications.
Consider authorization to purchase used Scantron 5200 from the Alpine
School District in order to enable Personnel to proceed with new eva-
luation system
As ~utllned in Personnel Director William Sullivan's memorandum to City Manager
Mil er, the purchase of this equipment is necessary in order for the Personnel
Dep~rtment to proceed with the City's evaluation system. The purchase price of
the Scantron 5200 is $3,206 plus $450 for the maintenance contract.
In r
Scan
cont
year
offi
esponse to Commissioner Aguila's question, Mr. Sullivan responded that
tron has been contacted and assured him that this equipment has been under
tact and maintained every year. The equipment has not been used for over a
and is in good working order. This fact was confirmed with the HollyWood
ce,
. D. Consider request for refund Cemetery Lot 591A, Block N, Boynton Beach
Memorial Park Addn. #1
As optlined in City Clerk Sue Kruse's Memorandum #92-060 to City Manager Miller
dated April 27, 1992, Marguerite E. Hill has requested a refund on Cemetery Lot
591 A, Block N, Boynton Beach Memorial Park Addn. #1.
- 32 -
NINUTES - REGULAR CITY COHHISSION
BOYNTON BEACH, FLORIDA
IVY 5, 1992
VII.
None.
E. Approval of Bills
A copy of these bills is attached to the original copy of these minutes on file
in the City Clerk's Office.
#orlon
Commissioner Aguila moved the approval of the Consent Agenda as presented. Vice
MayOr Matson seconded the motion which carried 5-0.
OTHER
AD~OURNHENT
Thene being no further business, the meeting properly adjourned at 11:35 p.m.
ATTEST:
City)Clerk
Re'cordi ng Secretary (Five Tapes)
~E CI
~ Mayor
- ' Co~is~r
· Co~issioner
Co~issioner
- 33 -
AGENDA
May 5 ~ 1992
CONSENT AGENDA
E
cc: Rec, Util, Fin
1,
'7,
ALLIED LIME
Blanket P,O, 22t - Pebble Quicklime for' Water' Plant,
Pay from Water' & Sewer' Rev.---~01-33._?-~-~o ~6o-00 ~
BERGERON LAND DEVELOPMENT
P.O. ~28~ Final Paymt. 1-95/NW 22nd Ave. Utility Relocation.
Pay from Utility Capital Impr'ovement---~O~-O00-O-690-10
~0~-000-0-69t-'10
BRAD'S ROOFING CQ~PANY
Replace Roof at Lift ~f ;
¢..at~on ~8 and Lift Station
Pay fr'om Water' & Sewer' Rev.---401-352-5-629-O0
BROWARD TESTING LABORATORY
Lead/Copper Analysis, P,0,~1501,
Pay from Water' & Sewer' Rev.---~01-361-5-~60-05
CENTER FOR FAMILY SERVICES
Employee Assistance Pr'o~ram - May 1992.
Pay fr'om General Fund .... 001-135-5-~82-00
EASTERN AJTO BODY & GLASS
Repair' Vehicle ~/~02~ Left Fr'ont and Headlight,
Pay fr'om Self Insurance Fur~d---622-t95-5-M~O.~01
FLORIDA DEPT, OF EMPLOYMENT SECURITY
Self Insur'er' Assessment - 2nd Quar'ter' Installment fr'om
i/16/92 - ~/I5/92.
Pay fr'cxn Self lnsur'ance Fund---622-195-5-L~b¢7-O0
GRAVBAR ELECTRIC COMPANV~ ZNC,
Gr'eenlee PVC Hot Box and Gr'eentee Conduit Bender' for'
~he Znstallation, Maintenance~ and Repair' of 'the Pumping
Stations Systems. P.o.~lasa
Pay from Water' & Sewer' Rev. Fund---~01-352-5-6~2-O0
LI,:~UID AG SYSTEMS
Blanket F'.0~198. Fer'tilizer' for' Fer'tigation System and Greens.
Pay from Golf Course Fund ..... ~11-726-5-966-00
HASTER I_EASE CORP,
Lease Payment on Lanier, Copier' Plus Pr'oper"ty Tax c~n,.arge,---
Pay from Gener'al Fund---O01- I9~-5-a22-00
MILNE & NI'SHOLLS~ ZNC.
P.O ~137~ Est.~! -Recreation '
* Ac.~ vity Center'.
Pay from Public Set'v. Tax
CO
$ 12~56'1.76
3a~829,08
1~875.00
2~300,00
1 ~h. 08,35
17396.67
6f670.12
t~002.60
I~007.I5
63 ~ 567 , O0
MMISSlON
MAY 5 1992'
APPROVAL
12,
13.
15,
18,
17,
19,
20,
21,
22,
MOTOROLA 7 INC,
Emergency Repairs at Tower Site on Tower' Top Pr'eamplifier',
Parts and Tower Climb Not Cover"ed by Agreement,
Pay from Gener'al Fund---O01-197-5-~S1-00
1~587,50
MUNICIPAL WATER WORKS SUPPLY
P,O~I~67 - Pbl, Strap Service Saddles Needed to Install
New Water' Services,
Pay from W & S Utility Rev.---a21-000-0-690-21
1~659,75
RYBOVZCH SPENCER GROUP
Install and Repair' Radiator' at Abandoned Treatment Plant,
Pay from Water' and Sewer. Rev.---~01-332-5-/~33-00
17368.89
SCHLUMBERGER INDIJSTRZES
Repair' Meter' Registers, P,O,~1~75
Pay from Water' & Sewer' Rev.---~01-333-5-398-O0
1~625,62
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD
Odor' Abatement Pr'o~ect - Training/Start Up Services $57~12,0a
Hydr'o8r'~tter'-Mechanical and Electrical Components for' Buck-E1
Conveyor' and Toshiba Main and Diagnostic Panel Boar'ds - Sinkin9
Fund Pr'o~ect, $217188,36
Pay fr'om Utility Cap,lmpr'ovement---~O~-O00-0-691-20 $ 5~12,0~
pay fr'om Utility Gener'al Fund ...... ~03-000-0-691-20 $217188~36
26~580,~0
STANLEY CONSULTANTS.~ INC.
Engineer'ing/Consultant Services for' WWTP,
Pay from t990 Construction Fund .... ~+09-000-0-690-10
5~7890~00
TARE [.AWN MAINTENANCE
blanket P,O,~68 - Landscape Maintenance
uer'v~ces,
Pa, l=r'om Gener'al Fund---001-722-5-~.30-15
2~255~00
VIGORO INDUSTRIES.~ INC,
Fer'tilizer' for Gr'eens, P.O,¢~1581,
Pay fr'om Go]l: Cour'se Fund---/~11-728-5-~66-00
1~92,00
WR'F ~ INC,
In.r aco,~='tal Water'way Par'k,
Pay fr'om Cap'itat Impr'ovement Fund---S02-721-5-/+63-06
1i7~00.00
SCE~ !NC,
Odor' Abatement Pr'o.~ect - Aeration Cover's E'ffluent Pump
Station Expansion ,and Electr'ical Building, Pay,.~18
Pay fr'om Utility ,Sap, lmpr'ovement---~0~-000-0-691-20
527773,53
NORTHERN P~B,C, ' ¢
k~ATLR CONTROL. DISTRICT
National Pollutant Dischar'ge Eli ~--~
m,n~,mon System (NPDES)
Per'mit Application for' Feder'al EPA - Pay~lO
Pay 'from Stor'mwater' Lmtility Fund---/~25-000-0-692-10
3~550,00
COfv1 v o ON
MAY 5 1992
AP?AoVAL
~t,~ depar'tmen't heads
~:~ b~llsrs,:,~ve'- been appr'oved and ver'~f~ed by '-
Cnvolved~ checked arm appr'oved for' payment,
1; ther'efor'e r'ecommend payment of these
Scott
MAY ~ 1992
APPROVAL
CITY COMMISSION MEETING, MAY 5, 1992 ALS TRANSPORT
Rebuttal of statements made during meeting by Bethesda
Ambulance staff, re: Fire Rescue transporting ALS pts.
Statements made by Kevin Clair:
1. Regarding Medicare Collections: "He (Mr. Clair) pointed out
that the City would have to bill People for whom Medicare
assignments were accepted. It is illegal and considered Medicare
fraud not to bill for the 20% difference".
Fire Response: During the Fire Department's presentation it was
told that the "remaining 20% is a co-payment which becomes the
patient's responsibility. When using the figure of $273.45, the
patient's 20% portion would amount to approx. $54." This amount
was included into the revenue figures provided, indicating that
these accounts (co-payment) would be collected. The only other
direct reference to the collection of the co-payment by the City
was that we would have control over how aggressively these
collections would be made.
2. "Contrary to the proposal, if the Fire Department assumes
responsibility of ALS transports, there would be a net decrease
in total'units available for response."
Fire Response: This statement has no merit. The Fire Rescue
Vehicle now follows the ambulance to the hospital, the unit is
technically out of service until it retrieves the paramedic and
the equipment from the hospital. There would be no change in the
status of the rescue units with having a patient in the back of
the vehicle. The total number of available units would be
unchanged.
3. "The Fire Department vehicles used in ALS transport would be
out of service longer because they would have to:
1. obtain billing information
2. decontaminate the vehicle which includes removal of blood
and other decontaminates to meet OSHA and other Federal
and State requirements can take up to one hour. No blood
can remain in the vehicle~ and
3. possibly go back into service without a stretcher. This
would result in the need to purchase more stretchers and
equipment."
Fire Response=
1. Billinq information - as occurs now, units are returned to
active status as soon as possible at the hospital, additional
calls requiring these vehicles are covered by back-up units
(engine companies, paramedic officer, other ALS units) while the
rescue vehicle responds from the hospital. Any billing
information not gathered prior to the response of the next call
will be collected when the unit returns to the hospital. Any
patient transported by our units will be an ALS patient who will
likely remain in the E.R. for several hours. I know of no
instance in which one of Bethesda's units was unable to respond
to our requests because they were detained due to patient
information gathering. A third member of the rescue crew will be
added to each ALS call, this allows: one crew member to turn
patient over to E.R. staff, one to prepare the vehicle back to
ready status, and one member to obtain any billing information.
2. Decontaminating vehicle: While it is true that there are
Federal and State standards requiring certain decontaminating
procedures, these procedures occur infrequently. The vast
majority of patients being transported via ALS are not trauma
patients who have large amount of blood contaminants, but are
usually medical patients requiring no decontaminating. I am
again, not familiar with any call which was delayed because one
of Bethesda's units was out of service due to decontaminating the
vehicle. While it is a possibility that this could occur, we
have a back-up transport vehicle that could easily be placed into
service to cover during this decontaminating period.
3. Missing stretcher: The possibility of having to keep a
,patient on our stretcher in the E.R. is remote. Most ALS
!patients require immediate treatment by a physician. While it
imay occur that a BLS patient will be held on the stretcher in the
E.R. hallway until a room and gurne¥ are available, it is
unlikely that a high priority patient will. In either case we
have spare stretchers which could be left at the E.R. for just
such a call.
In all likelihood, our units will have a shorter turnaround
itime with us transporting. The need to wait for an ambulance to
'arrive will be gone, patients requiring immediate transport will
!rapidly be placed into the Fire Rescue unit and treatments
iperformed while enroute to the hospital. Equipment will remain
ion the Fire Rescue vehicle and will not have to be retrieved out
iof the ambulance. The sooner the patient arrives at the E.R.
ithe sooner the unit can be available to respond again.
4. "Regarding billing, accounts receivable and customer service,
the number would be $20,000 to $40,000."
Fire response: The conservative figure of $10.00 per call for
collections was derived from over four years of collection
records at West Palm Beach Fire. This $10.00 per call includes
all costs for collections, ie. flat fee of $4.95 per call,
telephone charges for an 800 number, postage, and the 20%
incentive pay for collections over 50%. An overall average cost
of $7.22 was based on over 15,000 patient accounts billed by
W.P.B. Fire. Bethesda's figures cover a range from $12.73 to
$25.47 per call. In the beginning years of collections by W.P.B
(when incentive pay was low), collections fees were as low as
$5.00 per call, only during the last two years has the cost of
collections increased to raise this average to $7.22 per call.
5. "there would probably be a need for two clerks, not one as
proposed because much information needs to be included in the
packet before it is sent to the billing service."
Fire response: In interviews with the West Palm Beach Fire EMS
clerk, Lake Worth Fire Department and ADP billing service
president, the projected time needed to prepare the billing
information for a service our size would be less than 6 hours per
day. A.D.P.'s procedure for processing the billing data by the
EMS office involves checking the billing information against the
run report, correcting any errors or omissions, and then
tabulating the total costs to be billed. At an estimated 5-6 ALS
transports per day, this would hardly take two full time clerks.
"Supplies are used in the vehicles (ambulance) and must be
replaced."
Fire response: Very rarely are any ambulance supplies utilized
by our personnel while enroute to the hospital. Most times our
oxygen'remains on the patient, EKG electrodes, I.V. supplies,
splints and bandages all are placed on the patient prior to being
transported by the ambulance. Small disposable items such as
emesis basins (9 cents each) may on occasion be used. There
certainly is no major cost being carried by Bethesda Ambulance
Service in providing this disposable supplies.
7. "Mr. Clair stated that financing of accounts receivable must
be provided. Many people do not Day for at least ninety days.
He feels it will cost at least $10,000 to finance the accounts
receivable."
Fire res onse: Accounts receivable have no bearing on our
financial situation. There would be no need to finance these
accounts since all overhead costs are fixed regardless of our
transport status. Since we are not currently receiving any
revenue, any payment, regardless of when it was received, will
help to offset our EMS expenses.
8. "Mr. Clair feels the Fire Department concept relies on too
many erroneous assumptions."
Fire response: Ail of these so called "erroneous assumptions"
are based on valid historical data taken from various Fire Rescue
sources having a track record in ALS transportation. Bethesda's
data was presented with no reference to how or where the data was
obtained. What did they base their revenue on, ALS or BLS calls?
Since they are only providing BLS service to our City, I question
how they derived their projected revenue figures for our service.
Does the fact that they do not accept medicare assignment have an
impact on their low collection record? What type of collection
results have they had in Ocean Ridge, Briny BreeZes or
Gulfstream? All these "erroneous assumptions" have solid data to
back them up, data which is public record. I believe the Fire
ALS transport system statistics presented speak for themselves.