Minutes 04-21-92NINUTES OF THE REGULAR CITY CONNISSION #EETING HELD IN CONNISSION CHAI4BERS,
CITY HALL,, BOYNTON BEACH,, FLORIDA,, ON TUESDAY,, APRIL 21,, 1992 AT 7:00 P,H,
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
CALLi TO ORDER~ NONENT OF SILENT PRAYER~ PLEDGE OF ALLEGIANCE
Mayor Weiner called the meeting to order at 7:02 p.m. After a moment of silent
prayer, the Pledge of Allegiance to the Flag was led by Vice Mayor Matson.
AGENDA APPROVAL
1. Addltlons~ Oelettons~ Corrections
ViceiMayor Matson asked that an item discussing the Boynton Beach Kiwanis
Sunr!sers be added under "New Business", A-1 and an item regarding a meeting
with) F.D.O.T. become A-2. All other items under "New Business" will move down
on the agenda.
Commissioner Walshak added Item #$ under New Business regarding a Boynton Bay
discission with City Manager Miller.
m
City Manager Miller added a Proclamation with regard to Community Development
Week. Under VI-LEGAL, Resolutions, Item #8 was added which is a resolution on
the yenewal lease agreement with the Boat Club Park Bait Shop.
City Manager Miller also added the Solid Waste Authority's bill for March, 1992
in the amount of $72,992.10.
2. AdOption
Commissioner Harmening moved the approval of the agenda as amended. Vice Mayor
Mats~n seconded the motion which carried 5-0.
ANNOUNCENENTS:
~. Proclamations:
i a. Across America Tennis Day - Hay g, 1,992
MayoY Weiner read the Proclamation declaring May g, lg92 as Across America
Tennis Day.
) b. Loyalty Day - NaN 1, 1992
Mayor Weiner read the Proclamation declaring May 1, 1992 as Loyalty Day. A
representative from the Veterans of Foreign Wars was present to accept the
Proclamation. He presented Mayor Weiner with a Loyalty Day Award.
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HINUTES - REGULAR CITY CONNISSIOH
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
The !contributions and accomplishments of the following employees and the
communications Center were recognized by Mayor Weiner and the City Commission:
Mona Boyd, Cheri Cornn, Gwendolynn Davis, Brian Dully, Richard Frantzis, Judy
Gon~alez, Rangile McGowan, Marcia Medley, Wanita Miranda, Gretchen Murphy, Linda
Muth, Carol Nichols, Sharyn Portaro-Pachnek, Maria Rodriquez, Curleen Thomas-
Jones, Francis Wickett, and Kimberly Williams. Part-time dispatchers were also
acknowledged. All dispatchers are under the leadership of Phyllis Dixon. Ms.
DixOn trains the emergency medical dispatchers. Hugh McCaffrey was also
recognized for his work in helping to set up the dispatcher program.
Theldispatchers were thanked by Mayor Weiner for the important work they do in
providing a service necessary for the health and safety of the citizens of
Boynton Beach.
MayOr Weiner announced the presence in the audience of County Commissioner Mary
.McCarty who is one of Boynton Beach's Commissioners.
eIO
None
PUBEIC HEARING:
A. Project Name:
Cedar Grove PUD
TABLED TO NAY 19, 1992
Agent:
Owner:
Location:
'Description:
Julian Bryan
Cedar Grove Investments, N.W..
The east side of South Seacrest Boulevard,
approximately 100 feet south of SE 31st Ave.
(South Seacrest Scrub Site)
REZONING: Request to rezone 53.69 acres from 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 item has been tabled to the May 19, 1992
meeting.
Be
Project Name:
Agent:
Owner:
Location:
Description:
Exxon Service Station
RJ Properties & Development, Inc.
West Lake Hardware, Inc. (f/k/a/ Lone Star
Hardware, Inc.
Southeast corner of Congress Avenue & Woolbright
Road
CONDITIOtLRL USE:. Request for conditional use
approval to allow for the establishment of a one-
acre parcel to construct a gasoline service sta-
tion/convenience store and car wash
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MINUTES - REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
Chris Cutro made the presentation and explained that the present structure on
the~site will be demolished and the remainder of the site will be developed at a
later date. Staff reviewed the application for compliance with the new service
station Ordinance as well as the conditional use Ordinance. Based on the
review, they recommended approval of the development. The Planning and Zoning
Board reviewed the application and forwarded it to the City Commission with a
recommendation for approval.
H~rtin Perry, attorney for the applicant, was present. He stated that a great
deaI of work has been done with staff through the development and amendment of
theinew Ordinance. The location of this development is an intersection which
meets all of the criteria of the amended Ordinance. He urged the Commission to
consider approval of the project.
Maygr Weiner referred to the Planning and Zoning Department Memorandum wherein
there is an explanation that this use is permitted in the C-3 zoning area if the
property has frOntage on a four-lane collector or arterial road. The memorandum
further states that Woolbright Road and Congress Avenue are classied as four-
lam~ county minor arterial roads. She asked Mr. Cutro for an explanation. Mr.
Cut~'o stated that the distinction between major and minor is made on the amount
of ':raffic the road can handle. Even though they are listed as minor, they are
lis':ed on the thoroughfare plan as arterial roads. The distinction has to do
witl~ the amount of funds the Federal government will pay toward those roads
bas~d on their classifications.
Vici Mayor Matson questioned whether any problems would be expected because of
the fact that the site plan designates the removal of the existing building by
otb ~rs and because it is off-site a third party agreement regarding the demoli-
tioQ must be a condition of the approval. No problems were expected.
Commissioner Aguila was concerned with the fact that the dumpster is not shown
wit~ gates.. He asked that they consider installing gates. His second concern
wasiwith a reference to a trench drain, but he could not find one on the site.
He (urther explained that the way the dumpster is detailed on the plan, drainage
goes toward the center bottom of the rear wall. His concern is that oil might
evef)tually end up in the dumpster. This would happen after a customer buys a
qua~'t of oil, uses it and then throws the empty container in the trash. There
is (~lways a residue of oil which remains in the container. That trash would be
empi:ied into the dumpster and the oil could end up at the bottom of the dump-
ste)'. Dumpsters eventually leak and that oil could seep into the retention area
and into the ground. Commissioner Aguila also questioned with the reference to
the well and wondered if there is a well for irrigation.
Mr. Perry stated Mr. Felton would address Commissioner Aguila's concerns, but
menlioned a revision which has been submitted regarding the dumpster.
Gates are proposed for the dumpster.
~ Felton is an agent for Exxon. He assured the Commission that the dumpster
would ~ates. There is a grease trap on site which is located between the
car wash and the convenience store. At Commissioner Aguila's suggestion, he
agr(~ed to connect a center drain to the grease trap.
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NZNUTE$ - REGULAR CZTY CONNZ$$~ON
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
commissioner Aguila moved to approve the conditional use approval for the Exxon
SerVice Station at the southeast corner of Congress Avenue and Woolbright Road
with comments and per discussion this evening. Vice Hayor Matson seconded the
motion which carried 5-0.
~AUDZENCE:
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Conm
is Cutro stated that on March 11, 1992, his father passed away. He was a
ran of Foreign Wars and his coffin was draped with the American flag. His
)er fought in World War II and believed in this country. Mr. Cutro donated
flag to the City of Boynton Beach for use on one of the flag poles. He
id that his mother be sent a thank you letter for the donation. He presented
flag to Mayor Weiner who thanked him.
Zibelli~ of 440 Ocean Boulevard, spoke about candidates who have promised
restoration of the downtown area and the upgrading of North Boynton. There
been no results from those promises. She stated that before she left of-
in 1988, she told Mr. Cheney that the sewage plant needed to be demolished
it could possibly be done at no cost to the City. Mr. Cheney was replaced
. therefore, unable to keep his promise to take care of that situation. She
I.ested contacting the DERM to see if the County or State will help in the
,age which might be used for an artifiCial reef. She stated a child could
lb a ladder at that plant, slip and drown in mosquito-infested water. The
, could be liable for a lawsuit if a child was lost in that way. She was
:her concerned that the jet-vac, which draws sewage from the french drains,
sludge were being dumped at the old water treatment plant, percolating into
aquifer and running into the canal which runs through the City. She spoke
Mr. Walshak about this and he has followed through on this matter.
further stated that in 1979, many residents in the north end came before the
mission to request swale areas because flooding was rampant. It took six
hs to approve the project and it was successful. In 1983-84, a cost study
)erformed to widen Seacrest Boulevard north of the canal. The residents
successful in the Seacrest widening project, without the help of the
issioner for that District.
~e$ McDemott, of 8440 Pal~mtno Drive, Lake Worth, stated that Mayor Weiner will
nevelr be a'lame~u~ayor. He encourag-~'~-h~continue lending decorum to
themCommission. He stated that the Commissioner from District II needed to be
ver~ aggressive and Mr. Walshak fits that bill. As President of the South Palm
BeaCh County branch of the NAACP, he thanked Commissioner Walshak for his
efforts in getting the old sewage plant cleaned up and for his efforts to get it
removed. However, he cautioned that a long look be taken at what will be done
withmthat property. He feels its use should be clearly documented along with
who Will benefit from it. He recommended that if the Commission goes forward
withmthe in-fill project, minority contractors and subcontractors should be
usec. He stated the north end contains whites and blacks and is not just the
blichted area.
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BOYNTON BEACH, FLORIDA
APRIL 21, 1992
Connie #arctnek,, of 1828 SW 17th Street, said that she and her husband were
outraged by the release on bail of Willis Rambo. They put together a petition
to give citizens a chance to express their concern with the situation. The
petition reads as follows, "We, the undersigned, wish to express our outrage
that a convicted child molester who has been charged yet again with the same
crime while on probation, has been let out on bail in our community. Many of us
areisenior citizens and others listed below are parents. We have approximately
800!signatures and the petitions are still coming in. Since children do not
vote, pay taxes, nor spend money, they need the protection of the police, citi-
zens and, above all, the courts. In this case, it would seem that the freedom
of the accused has been put before the safety of all children in addition to
those already harmed. These petitions will be forwarded to the Governor's
Office for the record. The public awareness has been raised. We hope that the
child molestors, child abusers and people who protect them will hear the message
that the public has had enough of this nonsense and it will be heard in defense
of innocent children everywhere."
Naurlce~.... Rosenstock,.·~.--O~ ~ ..... Vtlla Lane, stated that years ago, he was escorted by a
City Commissioner to wew the abandoned wastewater treatment plant. He thought
it ;Vas horrendous and called it to the attention of the Commission at that time.
He recently inspected the site again and the situation has worsened. He said
the view from nearby homes should not be tolerated. He further stated that the
highest fence in the world will not keep out a curious child. If a child gets
hurt at that site, there will be a lawsuit. Also, files and employee lockers
were stored at the site. That equipment could have been given to charity, but
instead, it was left to rust. While no one feels this job must be done imme-
diately whether or not funds are available, it is time to get started with this
project. There are many acres which can be put to good use. Furthermore, he
feels that the department or company building a new sewer project should be
obligated to the abandoned facility.
Wtlda Searcy, of 402 NE 13th Avenue, said she was notified to attend a meeting
last Wednesday at the School Board to discuss keeping Poinciana School open.
There will be a meeting with the School Board on April 30 at 6:30 p.m. in the
cafeteria of the school. She requested the City get behind this project. She
stated money is available to make all black neighborhoods adequate for minori-
tieS. She stated money is available to relocate families in that area so that
the land can be taken over to enlarge the school to accommodate a magnet pro-
gram. She said Community Development has money to buy the ground. PIC will
employee 14 to 21 year olds. She stated she is here to get Boynton Beach to-
gether for minority people.
Ms.)Searcy stated Mr. Graham will be looking at the neighborhood to check the
roads and the drug situation. She asked that the Police clean up the drugs west
of Poinciana School.
Ms. lSearcy discussed a flyer which was distributed by the KKK. She wanted the
City Commission to see it because it discusses what is being done to Black
people. She gave her copy to City Manager Miller.
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#INUTES - REGULAR CITY COMHISSION
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
BobiOlenlk, Interlm Executive Vice President of the Chamber of Commerce, 639 E.
b-6~an' Avenue~ ~ a-~-Fe~ ~s~o~-~i~r~-to'conceptua-i- -
approval for t~-~am--6-~ to hold its 4th Annual Seafood Festival. It is sche-
duled for September 26th and September 27th. Last year's Festival was a one-day
event. Approximately 6,000 people attended. From the proceeds, the Chamber
donated $1,000 toward the construction of the 10-acre Intracoastal Park site.
The!Chamber is expanding the event to two days and hoping to draw up to 20,000
people. Along with conceptual approval, the Chamber would like to sell beer and
wine at the Festival. He realized that other issues will surface, but agreed to
work closely with staff to address all concerns. The Chamber wishes to begin
promoting the event as soon as possible.
MayOr Weiner asked that this item be put on the next agenda so that it can be
officially addressed. Mr. Olenik was anxious to get a vote tonight, but Attor-
ney)Cherof agreed that since it was not an agenda item, it would be improper to
vote on it at this meeting. Commissioner Aguila stated that he has no problem
with the Chamber using the site again this year. Vice MaYor Matson and
commissioner Walshak agreed with Commissioner Aguila.
item will appear on the next agenda for discussion and conceptual approval.
Thi:
DEV)
ELOPHENT PLANS:
A. Consent Agenda - Unanimously approved by Planning andZoning Board
None
B. Non-Consent Agenda - Not unanimously approved by Planning and Zoning
Board
None
Hotlon
Conlaissioner Aguila moved to recess the City Commission meeting. Vice Mayor
MatSon seconded the motion which carried 5-0.
Motion
commissioner Harmening moved to convene as the Community Redevelopment Agency.
Commissioner Aguila seconded the motion which carried 5-0.
C. City Commission Sitting as the Community Redevelopment Agency {CRA}
Project Name:
Agent:
Owner:
Location:
Description:
The Tire Store
Craig Livingston
George Cassell
Southwest corner of Boynton Beach Boulevard and
Federal Highway
SITE PLAN APPROVAL: A request for site plan ap-
proval to allow the construction of a canopy, land-
scaping improvements, and drainage improvements at
the site of an existing gas station.
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#INUTE$ - REGULAR CITY CONNIS$ION
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
Chr!s Cutro made the presentation. Because the proposed plan was submitted
prior to adoption of the new service station Ordinance, the old service station
Ordinance was used for review purposes. That Ordinance allows the CRA and the
CRAB to make adjustments to the site plan in order to bring it as close as
possible into compliance with Code. Staff recommends approval of the plan as
submitted with one change. The 28' driveway onto the alley will be reduced to
14' and made right-turn out only. Craig Livingston is willing to make that
change. The CRAB reviewed the site plan and forwarded it with a recommendation
foriapproval.
commissioner Aguila wondered about the fence discussed during the CRAB meeting.
Nr. iCutro explained that a lattice fence wi]l be installed starting on the Boyn-
toniBeach Boulevard side, working its way through the landscaping on the corner
andicontinuing south along Federal Highway. It is a 3' high white lattice fence.
Thelfence is superfluous, but the applicant wishes to leave it in the plan. It
is acceptable under the CBD Ordinance. CRAB discussed this, but did not make a
recommendation.
Hayer Weiner wondered when the soil was last checked for contamination, and was
advlsed that the tanks and soil were recently replaced. DERM permits were
necessary as well as City building permits. Mayor Weiner requested copies of
those permi ts.
vice Hayor Hatson feels the owner should be commended for the improvements to
this site, but questioned whether or not the color green could be removed.
~ Llvlngston~ Archttect~ 323 N, Federal Hlghw~y, stated that the owner has
added a great deal Of landsca~-~g~ndt~anopy is being added to attract a
maj6r oil company. When a contract is signed with the oil company, the owner
willi come back through the Boards to change the colors to the corporate colors.
Mr. Livingston has advised him that the colors need to be changed to conform.
In ~esponse to Commissioner Harmening's querry about the roof drains, Mr.
Liv)ngston stated that they will be disconnected from the sanitary sewer and
reconnected to the storm drains.
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dssioner Aguila questioned what would happen with the color of the building
he owner does not sign with a major oil company and asked whether or not the
r would then paint the building a more aesthetically-pleasing color. Mr.
ngston was not able to answer whether or not the owner will paint the
~ing.
issioner Aguila stated that the property has too many access points and
d like the access to the alley closed. Mr. Livingston stated there is a
stet which is shared by the businesses in the alley. The only way for them
et to the dumpster is through the alley. Commissioner Aguila explained that
s not necessary to drive. Mr. Livingston pointed out that some of the
rials to be placed in the dumpster are large and a hardship would be created
ccess was eliminated.
-8-
HIN
BO~
H~r
JTES - REGULAR CITY COMMISSION
~TON BEACH, FLORIDA
APRIL 21, 1992
na Haberman, 712 NE 20th Lane, stated that she is very happy that improve-
men:s are being made at this location. She reviewed the renderings and feels
theY are very nice. She thinks the City should help small businesses. She
feels this is a key corner in the downtown area, and the addition of trees and
landscaping will be beautiful. She encouraged approval of this application.
Vice Mayor Matson has no problem with the driveway, but is concerned with the
col,ir of the building. It was her opinion that if the owner cannot get a major
suPl)lier to sign within one year, the owner should paint the building a neutral
col~)r.
Mr. Livingston agreed with Commissioner Aguila's suggestion to install bollards
in :he driveway access.
Hot'ion
Commissioner Aguila moved the approval of the request for site plan approval for
The Tire Store on Boynton Beach Boulevard per comments and discussion at this
mee'ing. Vice Mayor Matson seconded the motion which carried 5-0.
Mr.'Livingston thanked Mr. Cutro and his staff for the assistance given to him
in lelping to get this property into compliance.
OTHER
Seamlst Center - Review of site plan by City Cor~nlsslon as required for
conditional use (Southeast corner of Orange Avenue and Casa Loma
Boulevard)
Chris Cutro made the presentation. When the City Commission approved the con-
ditional use of the marina, it was requested that the site plan be redrawn and
resubmitted for additional review. The major areas of concern involved receiv-
ingma written report of how the parking would be provided, landscaping on the
north side of the building and possibly in the street right-of-way, landscaping
on the west side was to be extended into Orange Avenue, creation of side set-
backs with landscaping, limit the second floor to office suites, reserve thir-
teer {13) parking spaces for residents only, provide a section detail of the
hancicap ramp and place gates on the dumpster and landscape around the dumpster.
All requests have been fulfilled with the exception of the first three. Staff
reqlests the City Commission to have the applicant do the following:
11. Provide the written analysis of parking for the site;
i2. add landscaping and decorative lighting to the north elevation;
i3. add the gates to the dumpster detail;
4. correct the handicap space on the east side;
5. add trees to hedge line on the west side;
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#INUTES - REGULAR CITY COHHI$$ION
BOYNTON BEACH, FLORIDA
APRZL 21, 1992
~6. add a note to plans that offices on the second floor are not living spa-
ces; and
7. superimpose the Seamist plan on a Lighthouse Square Marina plan so that
the relationships between the two developments can be reviewed.
Of these seven items, #3 through #6 are considered minor in nature. Mr. Cutro
is pleased with the manner in which this application is moving along. It is his
hope to bring this application back within the next month with all corrections
made so that the project can go forward.
Mayor Weiner expects that the second City Commission meeting in May will be a
long meeting because of the Cedar Grove project. She wondered if it would be
possible to bring this application back within two weeks. If that cannot be
done, she suggested it be brought back at the first meeting in June.
Craig Livingston stated that the project has been reduced by one office suite
and one townhouse unit. The building is now shorter by 20'. Mr. Livingston has
been working with staff on the~written analysis of parking. *They are faced with
three options:
¸1.
Payment in lieu of parking; however, a fee needs to be established.
This is an Ordinance which has recently been passed by the Commission.
When the fee is established, they will be able to buy the parking
spaces.
Provide a cross-parking agreement with the Hall property on the north.
That project is being redesigned. Additional parking could be provided
on that site which is 85' to the northeast of the site. Ms. Hall would
sign a cross-parking agreement with herself for any additional parking
necessary.
Now that the 1,000' distance between two properties has been passed, he
can possibly negotiate a parking lease with one of the spaces within the
1,000'. ~
Mr. iLivingston requested approval of the project subject to working out the
details with staff and offered to come back before the Commission if that is not
possible.
Mayqr Weiner stated she would like to see the superimposition before approving
to See how the project will work. Mr. Livingston pointed out that there will be
no ilnteraction between the two projects. From a planning standpoint, one pro-
jec~ is not dependent on the other.
Comn
ther
vial
bull
park
the
nect
cul
~issioner Aguila is concerned with traffic in the area. He pointed out that
e are 28 parking spaces on the north side of the building and wondered how
le the project will be because people might have to park 1,000' from the
ding. He feels this will be a major problem. He would like to see how the
ing situation will be resolved. Mr. Livingston feels the introduction of
Boynton Beach Boulevard Bridge and the new road going north and south con-
ing Boynton Beach Boulevard and Ocean Avenue will generate traffic cir-
tion to get people into and out of the downtown area.
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MINUTES - REGULAR CITY COI~I$$ION
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
Mr. iCutro wondered how the parking spaces would be kept free for the residents.
vice Mayor Matson did not think it is the City's responsibility to monitor these
~arking spaces. Mr. Cutro pointed out that the City has tried to keep the park-
lng!spaces for the residents as close to the building as possible. They are at-
tempting to arrive at a reasonable walking distance for the residents. Vice
MayOr Matson feels the responsibility for keeping the parking spaces available
for!the residents should fall upon the manager of the building. In Commission-
er Aguila's opinion, while it is not the City's responsibility to police the
parking spaces, the City should be responsible to know that the project works.
commissioner Harmening agreed with Commissioner Aguila and feels this project
must work for the owner so that it is not an albatross. He feels the parking
andlaccess do not lend themselves to good circulation.
MayOr Weiner stated that as this project developed, there was a decision made to
tre~t it as an urban area where people would have to walk. She is willing to
stay with that approach, but is still not comfortable with it yet.
commissioner Walshak pointed out that this problem will exist in the downtown
are~ until a decision is made to do something about the parking situation. He
feels a parking authority should be created and parking garages should be built.
Maxlmum use needs to be made of a minimum amount of space. He stated the pro-
jec~ is beautiful and feels staff should work with Mr. Livingston on the twelve
parking spaces to let the project go forward.
Mr.)Cutro suggested approving the site plan subject to staff and Mr. Livingston
wor~ing out a parking agreement within the next month and bringing it back for
rew)ew.
Hau~'lce Rosenstock, One Villa Lane, said that when Craig Livingston appeared
6ef(.~re the Planning and Zoning Board, a major discussion ensued regarding park-
ing in the area. The City Commission agreed to treat this area as an urban area
and some on-street parking would be permitted. Anyone leasing a store or
pur(:hasing an apartment would do so knowing he/she may have to park on the
str~et. He did not understand the concern with the number of parking spaces.
He 'eminded the Commission that discussions had taken place regarding the fact
the ~ if it gets too overcrowded in the downtown, a method would be devised to
tax,the people in the area to build a parking garage.
Motion
vic~ Mayor Matson moved to approve the Seamist Center site plan subject to staff
comments and comments made at this meeting. Commissioner Walshak seconded the
motion.
Vic~ Mayor Matson clarified that there is a
m
stipulation
to
the
motion
that
this
wil~ be brought back within a month with the superimposition and parking plan.
The imotion carried 5-0.
Notion
Commissioner Aguila moved to recess the Community Redevelopment Agency meeting.
Vice Mayor Matson seconded the motion which carried 5-0.
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APRZL 21, 1992
Hotlon
Commissioner Harmening moved to reconvene the City Commission meeting.
MayOr Matson seconded the motion which carried §-0.
Vice
LEGAL
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 092-7 Re: Adopting a Statement of
Investment policy for the General Employees' Pension Plan
iAttorney Cherof read Proposed Ordinance No. 092-7 by title only:
iAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
iADOPTING A STATEMENT OF INVESTMENT POLICY GOALS AND GUIDELINES FOR THE CITY
iOF BOYNTON BEACH EMPLOYEES' PENSION PLAN; PROVIDING GUIDELINES FOR PERMIS-
iSIBLE INVESTMENTS; PROVIDING GUIDELINES FOR EQUITY PORTFOLIO; PROVIDING
iGUIDELINES FOR MUTUAL FUNDSAND COMMINGLED FUNDS; PROVIDING FOR PROHIBITED
iTRANSACTIONS; PROVIDING GOALS FOR THE TOTAL PORTFOLIO, THE EQUITY PORTFOLIO,
iAND THE FIXED INCOME PORTFOLIO; PROVIDING FOR THE PREPARATION OF A COMPRE-
HENSIVE LIST OF INVESTMENT POLICIES; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
#ot~on
Comn,issioner Harmening moved the adoption of Proposed Ordinance No. 092-7 on
sec,,nd reading. Commissioner Aguila seconded the motion.
Cit~ Manager Miller pointed out that when the workshop was conducted, language
wasldeveloped as follows:
Bonds and preferred stocks that are convertible into cOmmon stock, or that
iinclude warrants for the price of common stock, are allowed even if a pre-
imium price is being paid for the convertible privilege or for the warrants,
iat the professional direction of the Investment Manager.
He stated that after talking with members of the Employees' Pension group, it
was found that two areas are restrictive. They suggested having the equity
portlfolio's total value at 40% and that language be added that should the bond
rati!ng drop below A, that it be sold immediately by the Investment Manager.
Mayor. . Weiner. asked if the maker of. the motion would accept the City Mana. er'sg
inclusion of the language regarding bonds and preferred stocks. Commissioner
Harmening agreed to accept that language. That language will become #7 on
Exhibit "A". Commissioner Aguila accepted the amendment to that motion.
Commissioner Harmening would not accept City Manager Miller's amendment of the
equity portfolio at 40%.
A roll call vote was polled by City Clerk Sue Kruse. The vote carried 4-1.
(Con,missioner Walshak cast the dissenting vote.)
- 12-
#INUTE$ - REGULAR CITY CONNI$SION
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
A RECESS WAS DECLARED BY MAYOR WEINER AT 8:40 P.M.
THE MEETING RESUMED AT 8:50 P.M.
e
Proposed Ordinance No, 092-10 Re: Creation of a Planning and
Development Board (consolidation of the Planning and Zoning and
Community Appearance Boards)
Attorney Cherof read Proposed Ordinance No. 092-10 by title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
CREATING A PLANNING AND DEVELOPMENT BOARD; PROVIDING FOR MEMBERSHIP QUALIFI-
CATION TO THE BOARD; PROVIDING FOR PROCEDURES FOR APPOINTMENT OF MEMBERS,
ALTERNATE MEMBERS AND FOR FILLING VACANCIES ON THE BOARD; PROVIDING FOR PRO-
CEDURES FOR THE CONDUCT OF THE MEETINGS OF THE BOARD; PROVIDING FOR JURIS-
DICTION OF THE BOARD; PROVIDING FOR POWERS OF THE BOARD; PROVIDING FOR DES-
IGNATION OF THE BOARD AS THE LOCAL PLANNING AGENCY; PROVIDING FOR APPEAL OF
BOARD DECISIONS; ABOLISHING THE PLANNING AND ZONING BOARD; ABOLISHING THE
COMMUNITY APPEARANCE BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERA-
BILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
Bob Olenik, Interim Vice President of the Chamber of Commerce, 639 E. Ocean
Ave__~, distributed ~-'~p~"-'F~l~-~s~ To the Co~ssioners. He read the
~-~lqase into the minutes. (A copy of this release is attached to the original
cop~ of these minutes on file in the City Clerk's Office.) This release sup-
porqs the passage of Proposed Ordinance No. 092-10 since it is consistent with
the adopted goals of the Chamber because it will streamline the development
process.
Mr. iOlenik suggested the addition of one or two alternates to allow for more
expertise. He further suggested that the Commission consider appointing owners
of Uusiness property if there are no qualified residents to fill the positions.
Boyr
is~
#otl
COmlT
secc
COFF~
prob
Com~
side
tion
each
was
A ro
(Com
,~ 14archese, stated that the people on the boards should be residents of
ton Beach. He feels we can then be assured that what that person votes for
:hat he will get "hung" with.
on
issioner Aguila moved the approval of Proposed Ordinance No. 092-10 on
nd reading, Vice Mayor Matson seconded the motion.
issioner Harmening stated he is not fond of this Ordinance and feels it will
ably not work out when the City is busy.
issioner Walshak thinks an additional alternate to the board should be con-
red, making it a ten-member board in order to avoid discussion on the rota-
process for choosing the members. Adding one alternate member would permit
Commissioner to choose two members. Commissioner Aguila did not think that
~ valid reason to increase the size of a board.
11 call vote was polled by City Clerk Sue Kruse.
~issioner Harmening cast the dissenting vote.)
- 13-
The voted carried 4-1.
MINUTES - REGULAR CITY
BOYHTON BEACH, FLORIDA
APRIL 21, 1992
Mayor Weiner encouraged residents of Boynton Beach to fill out Talent Bank Forms
if they are interested in sitting on the new Board. She explained the method of
appointing members to the new Board. Mayor Weiner explained that in January,
the method of rotation was determined as Mayor, Vice Mayor and Commissioners by
alphabetized last name. She suggested continuing with this procedure. Commis-
sioner Walshak objected to this method while Commissioner Aguila and Vice Mayor
Matson had no objections.
Commissioner Aguila wanted the members of the Planning and Zoning Board and
COmmunity Appearance Board to know that the Commission appreciated all of the
wqrk they have done. He feels combining the boards is efficient and money-
saving and feels it will work. Commissioner Walshak also thanked the members.
COmmissioner Walshak voiced his ob'ecti
t ..... J on to the method of rotation. He agreed
~at the Mayor correctly described the method of rotation used to appoint the
Aqvisory Board on Children and Youth, but stated that the Education Advisory
Board was appointed as follows: Mayor, District I, District II, District III,
District IV. He feels this method makes more sense since the Vice Mayor changes
every year. He suggested this logical rotation to prevent a Vice Mayor, whose
name might begin with "A", from choosing first the following year. He sees no
common sense in Mayor, Vice Mayor, and Commissioners alphabetized.
Vice Mayor Matson stated that an entire board is not chosen every year and
whether or not the Vice Mayor changes is a moot point.
B. Ordinances - 1st Reading:
1. Proposed Ordinance No. 092-11 Re: Amend Seasonal Sales Ordinance
(Special Events)
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
PERMIT OUTDOOR RETAIL SALES BY NOT-FOR-PROFIT ORGANIZATIONS; PROVIDING THAT
EACH AND EVERY OTHER PROVISION OF APPENDIX A - ZONING, NOT SPECIFICALLY
HEREIN AMENDED, SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED
PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERAJ~ILITY CLAUSE; PROVIDING
AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE.
Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-11 on
first reading. Commissioner Aguila seconded the motion.
Commissioner Harmening stated he made the motion to handle this item at the last
meeting and that motion was to eliminate the Ordinance in toro. He stated that
is not what occurred and wondered why the Commission's directions were not fol
loved. -
Attorney Cherof thought the Commission wanted to eliminate the restriction that
seasonal sales be restricted, but to permit not-for-profit organizations to have
speFial sales any time throughout the year without Commission approval. Commis-
sioner Harmening was not dissatisfied with the Ordinance, but questioned why the
directions were not followed. Ms. Parker explained that if the entire language
- 14
MINUTES - REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
of the Ordinance was eliminated, then not-for-profit sales would be prohibited
in the City. After checking with the City Attorney and the Building Official,
staff was not sure this was the Commission's direction. Attorney Cherof stated
that the last Ordinance added the language which is now deleted. After review-
ing!the Ordinance, Commissioner Harmening said he was premature in his comments.
A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0.
C. Resolutions:
Proposed Resolution No, R92-57 Re: Requesting Governor and Legis-
lators to give priority to fund educational needs for the future of
all our children
Attorney Cherof read Proposed Resolution No. R92-57 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
REQUESTING THE GOVERNOR AND LEGISLATORS TO GIVE PRIORITY TO FUND EDUCATIONAL
NEEDS FOR THE FUTURE OF ALL OUR CHILDREN; PROVIDING FOR REPEAL OF ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR AN
EFFECTIVE DATE.
Motion
Conl
Ma~
May~
Coul
lissioner Aguila moved the approval of Proposed Resolution No. R92-57. Vice
)r Matson seconded the motion which carried 5-0.
)r Weiner asked that copies of this Resolution be sent to COBWRA, the South
~ty Council of Governments, the Municipal League, the Education Advisory
Boal'd Chairperson and each member of the Palm Beach County legislative delega-
tion.
Con
May(
Conm
Muni
acc(
2. Proposed Resolution No, R92-$8 Re: Appoint representative and
alternate to Palm Beach County Municipal League
Attorney Cherof read Proposed Resolution No. R92-58 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPOINTING AS A REPRESENTATIVE TO THE PALM BEACH COUNTY
MUNICIPAL LEAGUE AND APPOINTING AS ALTERNATE
REPRESENTATIVE TO THE PALM BEACH COUNTY MUNICIPAL LEAGUE; AND PROVIDING AN
EFFECTIVE DATE.
)issioner Aguila moved the adoption of Proposed Resolution No. R92-58. Vice
,r Matson seconded the motion which carried 5-0.
missioner Aguila requested that he move up from an Alternate position on the
cipal League to become the Regular member. Commissioner Harmening will
pt the appointment as the Alternate member of the Municipal League.
- 15-
NINUTE$ - REGULAR CITY CONNI$SION
BOYNTON BEACH, FLORIDA APRIL 21, 1992
Motion
Vic6 Mayor Matson moved to appoint Commissioner Aguila as the representative to
the Palm Beach County Municipal League and Commissioner Harmening as the
Alternate representative. Commissioner Aguila seconded the motion which carried
5-0~
3. Proposed Resolution No, R92-59 Re: Appoint representative and
alternate to Metropolitan Planning Organization (MPO)
Attorney Cherof read Proposed Resolution No. Rg2-59 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPOINTING AS A REPRESENTATIVE TO THE METROPOLITAN
PLANNING ORGANIZATION AND APPOINTING AS ALTERNATE
REPRESENTATIVE TO THE METROPOLITAN PLANNING ORGANIZATION; AND PROVIDING AN
EFFECTIVE DATE.
Co~lissioner Aguila reported that he would like to continue representing the
Cit~ of Boynton Beach. Mayor Weiner will accept the Alternate position.
Not'ion
Com lissioner Harmening moved the adoption of Proposed Resolution Rg2-59 and to
appoint Commissioner Aguila as the representative to the Metropolitan Planning
Organization and MayOr Weiner as an Alternate representative. Commissioner
Agu!la seconded the motion which carried 5-0.
4. Proposed Resolution Ho, R92-$0 Re: Appoint representative to South
County Council of Governments
Attorney Cherof read Proposed Resolution No. R92-60 by title only:
iA RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
!APPOINTING AS A REPRESENTATIVE TO THE SOUTH
COUNTY COUNCIL OF GOVERNMENTS; AND PROVIDING AN EFFECTIVE DATE.
Vic(~ Mayor Matson requested retaining her position as the representative to the
Sout.:h County Council of Governments.
Notion
Con~]issioner Harmening moved the adoption of Proposed Resolution R92-60 and to
appqint Vice Mayor Matson as a representative to the South County Council of
Governments. Commissioner Aguila seconded the motion which carried 5-0.
5. Proposed Resolution No, R92-$1 Re: Appoint representative to
Coalition of Boynton West Residential AssOciations {COBWRA)
)Attorney Cherof read Proposed Resolution No. R92-61 by title only:
)A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
)APPOINTING AS A REPRESENTATIVE TO THE COALITION
)OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS, INC., (COBWRA) AND PROVIDING AN
iEFFECTIVE DATE.
#INUTE$ - REGULAR CITY
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
MayOr Weiner explained that this representative is not a voting member of COBWRA
~is representation from the Con~nission to show concern for their needs.
but~
Commissioner Harmening volunteered to be the representative to the Coalition of
Boy'ton West Residential Associations, Inc. and Vice Mayor Matson agreed to be
an Alternate representative.
Notion
Commissioner Harmening moved the adoption of Proposed Resolution No. Rg2-6! and
to appoint Commissioner Harmening as a representative to the Coalition of
Boynton West Residential-Associations, Inc. and Vice Mayor Matson as an
Alternate. Commissioner Aguila seconded the motion which carried 5-0.
6. Proposed Resolution No, R92-62 Re: Authorize execution of contract
between Centech Utility Corporation and the City of Boynton Beach
for the treatment of well precipitation
~Attorney Cherof read Proposed Resolution No. R92-62 by title only:
iA RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT
BETWEEN THE CITY OF BOYNTON BEACH AND CENTECH UTILITY CORPORATION; AND
PROVIDING AN EFFECTIVE DATE.
Comn~issioner Harmening moved the adoption of Proposed Resolution No. R92-62.
Conm~issioner Aguila seconded the motion which carried 5-0.
7. Proposed Resolution No, R92-63 Re: Opposing and objecting to Palm
Beach County's proposed redistricting plan
!Attorney Cherof read Proposed Resolution No. R92-63 by title only:
iA RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
ISTRONGLY OPPOSING THE PALM BEACH COUNTY COMMISSION REDISTRICTING PLAN, RE-
QUESTING FURTHER STUDY; AUTHORIZING AND DIRECTING THE CITY CLERK TO FORWARD
COPIES OF THIS RESOLUTION TO EACH COUNTY COMMISSIONER AND TO THE ATTORNEY
GENERAL.
Notl!on
Con~T
Vice
issioner Harmening moved the adoption of Proposed Resolution No. R92-63.
Mayor Matson seconded the motion which carried 5-0.
8. Proposed Resolution No, R92-64 Re: Authorizing an addendum to the
lease agreement for Boat Club Park Bait Shop Concession
Attorney Cherof read Proposed Resolution No. R92-64 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 SECOND
- 17 -
#INUTE$ - REGULAR CITY CONHI$$ION
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
ADDENDUM TO THE LEASE AGREEMENT FOR THE BAIT SHOP CONCESSION AT BOAT CLUB
PARK BETWEEN THE CITY OF BOYNTON BEACH AND JOE WILLISON; AND PROVIDING AN
EFFECTIVE DATE.
got!on
COlllr
Comr
lissioner Harmening moved the adoption of Proposed Resolution No. R92-64.
lissioner Aguila seconded the motion which carried 5-0.
O. Other:
Consider proposed ordinance amendtng Appendix A-Zoning, Section 4,F
Hetght Limitations and Exceptions of the Code of Ordinances of the
City of Boynton Beach,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,TABLED
Not'
Con~
THE
ion
lissioner Harmening moved to remove this item from the table.
MOTION DIED FOR LACK OF A SECOND.
,N,O,t~ion
Con~dssioner Harmening moved to strike this item from the agenda. Mayor Weiner
passed the gavel and seconded the motion.
Commissioner Walshak asked for clarification regarding this item since he was
not on the Coranission when this item was tabled. Mayor Weiner explained this
was put on the table at the request of the Chamber of Commerce until a joint
workshop was conducted. That workshop was conducted on April 20th.
COFFI1
dis(
aff¢
sugc.
late
Co~
A-Zc
all¢
and
radi
woul
Bob
missioner Aguila had some problems remembering all of the issues which were
ussed regarding this item and favored tabling it until the next meeting to
rd an opportunity to refamiliarize himself with the details. Mayor Weiner
ested removing it from the agenda and placing it back on the agenda at a
r date.
dssioner Walshak questioned whether this Ordinance would amend Appendix
ning to increase the height. Commissioner Harmening said that it would
w the increase in height of certain things such as water towers, steeples,
antennas. He feels the express purpose would be for the construction of a
o station. Commissioner Walshak confirmed that striking it from the agenda
d keep the Ordinance as is.
Olenlk stated that no Ordinance was adopted. This was a discussion item.
The attorney had not been given any directions in this regard. Commissioner
Aguila stated the Commission had been prepared to act on the Ordinance removing
the Irestrictions of water cooling and fire towers, radio and television towers
of aI commercial nature and flag poles. Attorney Cherof stated that the draft
copYmcontained in the agenda packet was supplied for discussion purposes. It
was an outline and was tabled before first reading.
- 18 -
NINUTE$ - REGULAR CITY CONNISSION
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
Attorney Cherof reconfirmed that striking this item from the agenda would leave
thelcurrent Ordinance in tact. That Ordinance has a 45' height limit. If
anyone desires an exception to the height limitation which is listed in Sub-
section II, they would have to come before the City Commission for approval.
~ #archese stated this was a hot issue which the people of Boynton Beach
voted On. The 45' height limit must be kept in tact unless the people are given
another opportunity to vote on it. If a circumstance exists which requires
going above the 45' height limitation, the Ordinance contains a provision
whereby the Commission can review and make the necessary changes.
Commissioner Aguila stated this is being discussed because people have made
requests for items over 45' high. The Commission was considering removing
things that were no longer practical and perhaps a water cooler could then be
erected. In his opinion, if removing the restrictions will allow something
like that to happen, then it would be a mistake to remove the restrictions.
However, no one should shut the door on anything which might be of a potential
benefit to the entire City.
Theivote carried 5-0.
2. Consider City of $oynton Beach's share of legal expenses in the case
of City of West Palm Beach, et al vs. Palm Beach County.......TABLED
AttOrney Cherof reported that the attorneys met following the victory by the
cities in the Palm Beach referendum case and reduced the proportionate share the
cities will have to pay for the litigation. The City's share will be $4,200
which was reduced by $400. Attorney Cherof reviewed the Jones & Foster bill.
The~e are no questions regarding the amount of time spent on this case, but
Attorney Cherof questioned the hourly rates charged to municipalities.
MayOr Weiner feels that an enormous gain was made by again establishing the
priority of home rule.
Notion
Commissioner Aguila moved to remove this item from the table. Vice Mayor Matson
seconded the motion which carried 5-0.
Notion
Commissioner Aguila moved to approve the payment of $4,200 for our portion of
thellegal fees. Vice Mayor Matson seconded the motion which carried 5-0.
3. Authorization to Foreclose Code Enforcement Board Lien #91-20003341
- Boynton Lakes Plaza Development
Attc.rney Cherof requested authorization to foreclose on a Code Enforcement Board
Lier for Boynton Lakes Plaza Development.
- 19 -
#INUTES '- REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
Robert 4acoby, of 5871Lake Worth Road, Lake Worth, represented Boynton Lakes
Development Cor~-6ration. He explained that he met with the Code Enforcement
Board on April 15th. While he understands what is on the agenda, he does not
understand the action being taken. He said this is the property at the
southeast corner of Hypoluxo Road and Congress Avenue. The leases are in place
for;a shopping center, but the financing is not.
Mr. jJacoby explained that a lake existed on this property which was dangerous.
Thejlake was filled with sand. Sand was piled along Hypoluxo Road and that sand
began blowing across the roadway. After being cited, Mr. Jacoby appeared before
thejCode Enforcement Board and was asked to do something to correct the situa-
tion. Mr. Jacoby stated he agreed to do something, but said the minutes of that
meeting state something different from what he agreed to. He met with Mr. Hurst
of Code Enforcement, and Boynton Lakes Development agreed to put sand fences
along the northern and western boundaries of the property. In February, he was
notified by Ms. Mormelo that they were being fined $100 per day because they
were not in compliance. In his opinion, they complied. He sent a letter to Ms.
Mormeto which he says was never answered. He then received a notice of a
hea~ing on April 15 before the Code Enforcement Board. He called Scott Blasie
andjwas informed his letters were referred to counsel. Mr. Jacoby was advised
that he should appear at the Code Enforcement Board hearing on April 15, but he
was!further advised that he would not be heard at that time.
At that meeting, the Code Enforcement Board explained there was nothing that
cou)d be done for him and suggested he appear before the City Commission. In
discussion with Mr. Cherof today, Mr. Jacoby was advised that Mr. Cherof's
recommendation would be for foreclosure on the property. Mr. Jacoby stated that
theJramifications would be severe if the City Commission moves for foreclosure.
Mr. jJacoby said that a computer printout which was supplied to the Code Enforce-
ment Board was one-sided. It did not show any actions taken by Boynton Lakes
Devl
ther
COF~
cat~
res
Scol
The
meei
mit~
bec~
The
not
out
aver
fngi
acre
side
Cor
~lopment Corporation. He further stated that not all of the sand belongs to
; some of it belongs to Lennar who has not been cited.
)issioner Aguila did not understand the action either. He asked for clarifi-
on from Scott Blasie. He wondered why the Code Enforcement Division did not
~ond to the requests made by Mr. Jacoby.
:t Blasie explained there were numerous communications regarding this case.
files contain documentation and the minutes of the Code Enforcement Board
:ings are quite clear. The Comprehensive Plan requires the blowing sand be
gated. Eyewitness accounts were provided to his office of near fatalities
use of this non-compliance.
e has been a great deal of correspondence with Mr. Jacoby. Hand-delivered
ces have been provided to him explaining the concerns. Mr. Blasie pointed
that more has been done with Mr. Jacoby than would normally be done with an
age Code violator. Mr. Blasie spoke about a letter received from County
neering stating their concerns regarding the sand blowing into the gutters
ss the street. County Streets and Public Works Department cleared the
walk on Congress Avenue and they will bill Boynton Lakes Development
oration for the services performed.
- 20 -
NINU?E$ - REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
In ~response to Mayor Weiner's question, Mr. Blasie stated that as of y
the! sidewalk along Plaza Lane was cleared of sand; however, photos tak
show weeds which have not been cut since the October Code Enforcement
meeting. The weeds cross the sidewalk and make it unusable.
Vice Mayor Matson wondered why, after doing what Code Enforcement aske
JacOby to do with regard to mitigating the sand, was he cited every da
didn't Code Enforcement notify him that what he did was not working.
Manager Miller reported that there was a meeting in December with the
Mr. iMiller wanted seeding and grassing on the site. The owners were r
because they felt the development would be moving forward shortly. Th
allowed them to try a snow fence to see if it worked. The City starte
alternative but realized in February that it would not work. Vice May
felt it was unfair to fine him each day if he did as he was told to do
stated that in dealing with Resolution Trust, it could take two to thr
for!an item to be settled. In meetings with Mr. Goings, he has been v
resPonsive to the residents of the area and the City. She feels if he
aware of the problem, he would have taken care of it. She thinks the
misCommunication in this case. She does not think he should be chast
doing what he was told to do. Commissioner Aguila agreed that forecl,
notithe correct solution.
Mr.i Blasie stated the miscommunication with Mr. Hurst is hearsay. Th(
EnfDrcement Board minutes are specific about what was required of the
Mr. iJacoby stated on the record that a snow fence would probably do no
was)advised to contact Engineering and other City departments to find
exactly what could be done to stop the sand from blowing.
Comnissioner Aguila stated he understands the problem and thinks Mr. J
und)rstands the problem; however, foreclosing is not the solution. He
Mr. Jacoby meet with Mr. Blasie as soon as possible to stop the sand f
lng onto sidewalks and roadways. The problem can be solved. He sugge
Ja( )by solve the problem regardless of cost.
Mr.~Jacoby stated there has been a failure to communicate. He feels t
tion can be dealt with and he doesn't want to involve attorneys. In r
to ~ommissioner Aguila's question, Mr. Jacoby thinks he can solve the
within two weeks.
Maybr weiner explained that there will be no more meetings and Mr. Jac
have two weeks to clear up the problem. Mr. Jacoby wanted to know how
solve the problem if the wind continues to blow. Commissioner Harmen'
the!problem can be solved although it might be expensive.
Coml
agr~
mee'
was
Div'
mor~
Wal:
pro~
lissioner Walshak felt Mr. Jacoby was attempting to con the Commiss
)es the problem must be solved. He was present at the Code Enforce)
:lng and heard both sides. He asked Scott Blasie if what Mr. Jacob
true regarding his not receiving any responses from the Code Enforl
~sion. Mr. Blasie stated that was not true and that as recently as
)lng, Ms. Mormelo had a phone conversation with Mr. Jacoby. Commis
~hak explained that Mr. Jacoby knows the situation at the site and
dem and he suggested solving it before someone gets hurt.
- 21 -
esterday,
en today
Board
d Mr.
y. Why
City
owners.
eluctant
e City
d with an
or Matson
She
~e years
ery
was made
e was
sed for
sing is
Code
violator.
good. He
out
acoby also
suggested
rom blow-
sted Mr.
he situa-
~sponse
roblem
by will
he could
~g said
ion. He
nent Board
/ stated
:ement
this
~ioner
it is his
MINUTES - REGULAR CITY COI~I$$ION
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
Maypr Weiner informed Mr. Jacoby that he has until the next Commission meeting
to bring the property into compliance or the fine levied by the Code Enforcement
Board will stand regardless of the value of the property. This situation
affects the health, safety and well-being of the citizens of Boynton Beach.
Motion
Vice Mayor Matson moved to table authorization to foreclose Code Enforcement
Board Lien #91-20003341. Commissioner Harmening seconded the motion which
carried 5-0.
Mayor Weiner again reminded Mr. Jacoby there are to be no more excuses, meetings
or phone calls.
4. Authorization to ftle 1lens against the outstanding receivables for
lot mwlng
Attorney Cherof is seeking authorization to file liens against the outstanding
invoices and customers for lot mowing.
Notion
Commissioner Harmening moved to authorize the City Attorney to initiate the
collection foreclosure process with respect to these liens. Vice Mayor Matson
seconded the motion which carried 5-0.
5. Coneunlt~ Development Block Grant - Sub Area No, I - Acquisition of
easements due to relocation of FPL facilities
Attorney Cherof explained that Florida Power & Light is requesting that the City
obligate itself to obtain easements from the property owners where poles would
be relocated. He is not comfortable with the process and the possible liability
being placed on the City. The City could be exposed to liability to pay people
to obtain the easements. He would like to negotiate with Florida Power & Light
to obtain a cooperative agreement where the City would encourage the property
owners and work with them, but not agree in advance to pay anyone.
Notlon
Commissioner Harmening moved to accept the City Attorney's suggestion and
authorized him to go ahead with the necessary arrangements and not spend any
money on easements. Commissioner Aguila seconded the motion which carried 4-0.
Commissioner Walshak was away from the dais.
6. Denial of Petltton for Certiorari - Tradewlnds Development
Corporation
Attorney Cherof reminded the Commission that they considered a petition to
rezone property owned by Tradewinds Development Corporation and their action and
decision was to deny the request for rezoning. The denial was followed up by
Tradewinds Development with a Writ of Certiorari filed with the Circuit Court of
- 22 -
#INUTE$ - REGULAR CITY C0t41~I$SlON
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
Palm Beach County challenging the Commission decision. The three judges denied
the!petition but there has been a Motion for Rehearing filed by Tradewinds. As
of today, it stands dismissed subject to being reconsidered for rehearing.
7. Towing contract between Nurphy's Towlng and the Ctt~ of Bo~nton
Beach
At the last Commission meeting, it was brought to Mr. Cherof's attention that in
Mr.~Zuccala's opinion, Murphy's Towing was not complying with the Tow Service
Contract which they entered into on January 7, 1992. Mr. Cherof inspected the
property with City Manager Miller, Scott Blasie and Wilfred Hawkins. He observ-
ed the following:
®
Regarding Paragraph 22 of the contract, the contractor must have the
facilities and office space fully operational within 90 days of the
contract award date. The printout from Occupational Licenses indicates
that the licenses were granted within the required time.
There is a provision under Section 22.1 which requires a telephone and
restroom facilities. Upon inspection, it was determined there is a
telephone available in the bay shown on the plan submitted to Occupa-
tional Licenses. The phone is on a desk in the storage area. The
restroom facility is adjacent in a warehouse strip immediately to the
west of that area. There is a work space area containing a desk and a
phone. That provision further required a name and mailing address
clearly painted on a sign on the front of the building. They are in
compliance with that provision.
3. Regarding accessibility, no determination could be made during the on-
site inspection.
4. The outside storage area was inspected and is in compliance with the
contract.
e
The inside storage requires a paved floor, free from dirt and standing
water and vegetation. They are in compliance. It requires a work area
of 9' x 20' per vehicle with an 8' ceiling and a minimum of three inside
storage spaces. Upon inspection and based on inside measurement of the
area, if the area for office space is eliminated, they are not in
compliance with that section. It further requires electrical lighting
sufficient to permit processing of vehicles. They are in compliance.
An outside window or ventilation is required. There was no. evidence of
an outside window or ventilation; however, the facility is intended to
operate with the bay doors open and the bay door has a. small screened
hole in it.
e
Regarding the performance bond, Paragraph 44 required that a $10,000
bond be furnished within ten working days following the award of the
contract. They were unable to obtain the bond within that time period,
but they did post a cash bond with the City in lieu of the surety bond.
The surety bond has since been presented to the City and it is in order.
Attorney Cherof stated that in some cases, a cash bond is better than a
surety bond because the money is available; however, the benefits of
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#IN
BOY
JTE$ - REGULAR CITY COHHI$$ION
iTON BEACH, FLORIDA
APRIL 21, 1992
requiring a surety company to post a bond is that there is assurance
that a separate entity has investigated the ability of the contractor to
comply with the terms of the contract.
®
Section 52 points out that time is of the essence with regard to perfor-
mance of any of the terms, conditions or covenants set forth in the
agreement.
®
There is a lease agreement which states the contractor has control of
the bay area immediately to the east of the bay indicated on the
Occupational License. That bay includes a separate office space and
indoor bathroom facilities. It is of a size which would bring them well
within compliance with the terms of the contract.
In response to Vice Mayor Matson's question, Attorney Cherof stated that
according to Occupational Licenses, there is no Occupational License for that
bay! It is not clear whether or not this area was disclosed to Occupational
Licenses. The plan highlights a single-bay area as the contractor's indoor
fac)lities. The diagram is not clear and it contradicts the lease a reement
which indicates they control the other facility, g
Mr. iCherof concluded that if some room is left for interpretation of the terms
of the contract and the attempts by the contractor to comply, compliance would
be marginal. The Commission is within its rights within a 90 day period com-
mencing with their occupation of the premises to examine their performance. He
suggested the Commission could reserve its opinion with regard to what he has
observed and continue to monitor the operation during the remainder of the per-
formance probation period and address it at a later date or deal with it now and
make a determination.
Scarola, Searcy, Denney, Scarola, Barnhart and Shlpley of 2139 Palm Beach
s BouleVard in West Palm Beach, was~ to represent Murphy'sT6wing.
Vic~) Mayor Matson feels the method which was used in the award of this contract
tre~tted Mr. Zuccala very shabbily. His original bid was the lowest bid, but it
was thrown out by the City because they felt he had an unfair advantage being
the City's present tow company. His bid was made known to everyone else who was
bid(Hng and he was put at a disadvantage. In listening to the tape recordings
of :he January 7th meeting, all of the Commission agreed that if Murphy's Towing
was not up to Code and did not comply with the contract within ninety days of
themaward, they would be found in non-compliance and the contract would then go
to ~he next person. She feels there was misrepresentation. In frame 245 of the
tape recording, Ms. Brouchard stated she was a minority contractor, but as of
yesterday, according to the County and Tallahassee, she was not awarded that
status.
In frame 237 of the same recording, Ms. Brouchard states she intended to hire
Boy)~ton residents. Vice Mayor Matson would like to question her in this regard.
Reg(
posi
posi
posi
agr(
Lrding the surety bond, Vice Mayor Matson doesn't feel Murphy's was right in
:lng a $10,000 cash bond the day before the surety bond was to have been
:ed. A performance bond was received three months later. She felt the
:lng of the $10,000 constituted a breach of contract and Attorney Cherof
~ed it was not in strict compliance with the terms of the contract.
#~NUTE$ - REGULAR C~TY
BOYNTON BEACH, FLORIDA
APRIL ~1, 199~
vice Mayor Matson questioned whether or not there was sufficient parking for
three vehicles in the one bay. Attorney Cherof explained that upon inspection,
twoivehicles were parked in the bay and Mr. Murphy explained those two vehicles
cou]d be moved to accommodate a third vehic]e. Attorney Cherof did not feel
that was possible unless all vehicles were compact in size. The signage problem
has!been cleared up.
Vice Mayor Matson reminded the Commission that on January 7th a determination
wasimade by the entire Commission that if there was non-compliance after ninety
dayS, the contract would go to the next person.
MayOr Weiner asked when the ninety-day period began and was advised there are
twoininety-day periods. The first period began on January 7th which allowed the
contractor to get the business up and running. The con.tractor then has ninety
days probationary period. According to Mr. Cherof, the business was up and
running during the first ninety-day period.
Com
att
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wer
cas
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cas
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is
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or
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Att~
ent~
nissioner Aguila stated that revising the towing contract was not a personal
~ck on Mr. Zuccala. The City tried to institute a new program when it
~ted the contract. Murphy's was awarded the contract on a majority vote. He
~ged to get the business operating within the ninety days even though there
many obstacles in his path. Commissioner Aguila had no problem with the
bond. He felt it was unreasonable to ask the contractor to obtain a bond
in ten days. There was no specification in the contract requiring the
~ractor to hire Boynton Beach residents. He pointed out that Murphy's has
marginally complied with the contract and suggested that he make an effort
improve in order to be in compliance with the terms of the contract.
nissioner Hamening pointed out that Commissioner Aguila covered most of his
:ems and explained that it appears Mr. Murphy has attempted to get into
ness with the least possible effort. Commissioner Harmening preferred the
~ bond posted by Mr. Murphy, but was concerned about the two buildings. Mr.
'ola confirmed that the two buildings were included in the lease. Murphy's
)n compliance with the total square footage required by the contract. Com-
$ioner Harmening asked if the value of the license is based on square footage
:he type of occupation. Mr. Jaeger stated he believed it was based on the
)er of tow trucks. Commissioner Harmening is willing to watch Murphy's per-
~ance for the remainder of the ninety days.
missioner Walshak questioned whether or not Mr. Murphy's attorneys were able
interpret the contract. Mr. Scarola stated he did not become involved in the
:ract until recently. Mr. Scarola stated that Murphy's is in compliance and
)nds to fully comply with the contract.
missioner Walshak questioned Attorney Cherof regarding his remarks about the
)liance being "marginal at best". He wanted clarification as to whether or
Murphy's is in compliance. Attorney Cherof explained that in going through
~ point, he attempted to convey his opinion on compliance, but feels that the
mce of the determination of compliance must be made by the Commission. Only
Commission can decide whether or not to strictly enforce the contract, or
)w substantial compliance. In response to Commissioner Walshak's question,
~rney Cherof stated that in reviewing the terms of the contract in its
~rety, Murphy's is not in compliance.
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BOYNTOH BEACH, FLORIDA
APRIL 21, 1992
AttOrney Cherof explained that the decision of whether or not they are in
compliance does not mean they are in a breach of contract. The Cor~nission
controls the ability to declare a breach. Attorney Cherof explained that the
situation is not black and white and the Commission has flexibility,
Commissioner Aguila explained that this is a first-shot contract put together by
theiCity. Even at this point, Mr. Hawkins, who put the contract together, can-
notlgive a black and white answer to certain questions. There is a certain
amount of interpretation which must be allowed. Commissioner Aguila pointed out
that he does not agree that the pole-mounted fan located in the bay is ventila-
tion. He feels Mr. Murphy has substantially complied and he has ninety days to
polish the rough edges.
vice Mayor Matson Stated that Eastern was a lower bidder than both Murphy's and
ZucCala. She questioned giving the contract to someone who is not in compliance
andiwas the second lowest bid or going with someone else who could not meet the
specifications of the contract. Where is the line drawn on non-compliance?
MayOr Weiner clarified that it is the Commission's decision to determine whether
or not Murphy's has breached the contract or whether it has substantially
comPlied. If the contract has been breached, the next alternative can be cho-
sen. If he is in substantial compliance, he can be given the ninety-day proba-
tionary period.
Mr.
hav~
faro
Muri
beg(
obsi
rel(
to
Mr.
Scarola wanted to know why Murphy's was being called on the carpet when they
~ complied with the contract. He explained the unfair difficulties Murphy's
~d since the award of the contract.
)hy's began immediately to fulfill the requirements of the contract. They
m to secure the necessary premises. He stated that Mr. Zuccala put every
:acle in Mr. Murphy's way by interfering three times with the contractual
Ltionships Mr. Murphy established. Because of this, Mr. Murphy was forced
nvest a large amount of money to modify premises which were not suitable.
Zuccala was served with a lawsuit today for interference with Mr. Murphy's
bus'ness relationships. Mr. Zuccala was successful in forcing Mr. Murphy out of
a~ lease which he contracted for. In listening to Attorney Cherof's presen-
atlon, Mr. Scarola heard no provision in the contract which could be interpret-
ed bY a court of law as being a material provision with which Murphy's was not
in ~ompliance. With regard to ventilation, the building is structured to work
wit~ the doors open. There is a large window ventilating the building. He is
in exact compliance with the terms of the contract. Mr. Murphy has hired
BOyrlton Beach residents even though that is not a requirement of the contract.
Mr. Scarola offered to address any other concerns. Murphy's is a well-
est(.blished business with a good reputation for fulfilling the obligations of
the!r contracts. He further explained that Murphy's intends to exceed the mini-
mum standards imposed and would have done so had there been no interference. He
does~ not feel the Commission would be within its rights to terminate the
coni.ract because they are in compliance.
Mayqr Weiner suggested Mr. Scarola get a verbatim transcript of the proceedings
of qhe meeting so that there will be no excuses for knowing what Mr. Cherof
pointed out. Mr. Scarola stated he listened very carefully and will get a
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APRIL 2~, 1992
verbatim transcript. He pointed out that all of the concerns have been
addressed and Mr. Cherof's~main concern was with the size of the premises. Mr.
Cherof admitted that there is another bay leased to Murphy's and they have had
that bay since the initial lease was entered into. Attorney Cherof stated that
he would go over his comments with Mr. Scarola if Mr. Scarola calls him
tomorrow.
Commissioner Walshak felt that the attorney was wrong in defending his client's
case by belittling Mr. Zuccala in open forum. He felt it was a shabby trick.
He stated Mr. Scarola should have addressed the issues of compliance only.
Con~hissioner Walshak stated he will vote that the contract be terminated.
Commissioner Aguila agreed that this Was not the place to discuss the situation
wit~ Mr. Zuccala. Mr. Scarola stated that he began his presentation by stating
that his client was in compliance, but wanted the Commission to know that Mr.
Murphy had to overcome many unfair obstacles put in place by Mr. Zuccala.
Commissioner Walshak pointed out that Mr. Scarola's statements have not been
proven in a court of law and should not be used at this meeting.
DisCussion ensued again regarding compliance. Mr. Scarola felt the only area
identified as being an area where there was question regarding compliance, was
wit~ regard to the space available and that was agreed to have been addressed by
an acknowledgment that they had two bays under contract from the outset of the
performance of this agreement. He stated there was no other issue raised with
respect to compliance and requested he be informed if there are other issues.
In Cesponse to Attorney Cherof's question, Mr. Scarola explained that they
complied by posting a cash bond within ten days of the award. The bonding com-
pany disclosed that it would have been impossible for anyone to obtain a bond
within the ten days.
May~
not
dis~
Gar,,
wani
WOU'
vani
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)r Weiner stated that court proceedings between Mr. Murphy and Mr. Zuccala do
concern the City and only compliance with the contract was the issue to be
:ussed.
~ Dunkel, of Lewis Vegosen & Rosenbach, PA, represented Mr. Zuccala and
:ed to add~-~ss some of the things mentioned by Mr. Scarola. Mayor Weiner
d not permit Mr. Dunkel to address those issues because they were not rele-
:to the issue being discussed. She explained that this meeting is not a
't of law and urged Mr. Dunkel to get back to the business at hand. Mr.
:el felt it was unfair to let the allegations come out and not afford him an
,rtunity to respond. Mayor Weiner agreed it was unfair, but refused to
~en to any further statements in that regard.
Mr.mDunkel stated the contract is definitely not in compliance. There are not
three 9' x 20' bays on the premises. The bay introduced at this meeting is
occqpied by a mechanic shop and lawn mower repair shop. It is not being uti-
lizqd by Murphy's towing.
Maydr weiner questioned whether or not any of the statements by Mr. Zuccala or
Mr.mDunkel were of any relevance since the issue is whether or not Mr. Murphy is
in qompliance. Attorney Cherof suggested using the information provided by
staff. There was nothing else in the building to the east to confirm that
- 27 -
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APRIL 21, 1992
another business was occupying that space. It was pointless to continue the
debate. Mayor Weiner ruled that Mr. Dunkel had nothing further to add to the
discussion which was relevant to the issue of Mr. Murphy's compliance. The
Commission will decide whether or not Murphy's breached the contract and nothing
Mr. Dunkel had to say would be of any help in that determination. Mr. Dunkel
attempted to continue, but Mayor Weiner ruled that the Commission would hear no
more from him.
Motion
Corr~nissioner Harmening moved to table the subject and directed staff to monitor
the operation at Murphy's until further notice. Commissioner Aguila seconded
the motion.
A roll call vote was polled by City Clerk Sue Kruse. The vote carried 3-2.
(Vice Mayor Matson and Commissioner Walshak cast the dissenting votes.)
OLD BUSINESS:
A. South Central Reglonal Nastewater Treatment and Dtsposal Board - Stnklng
Fund - 1,5 mt111on
Attorney Cherof reminded the Commissioners about the discussion which took place
at the last City Comission meeting regarding the $1.5 million Sinking Fund. He
was directed to communicate with the Attorney for the Sewer Board and the legal
counsel who handled the 1985 Series Water and Sewer Bond issue to determine
whether or not the Board or the attorney had an opinion regarding the availabi-
litY of the funds and any restrictions if the funds are available.
Mr. Cherof received a response from the attorney from the Sewer Board. It is
his opinion that the Sewer Board's action to disperse the money to the City is
binding. The funds are available to the City and he requested that the Board be
allowed the opportunity to ratify it and any other issue should be addressed at
the City level. There has been no response from the bond counsels. Mr. Vance
was_preparing for trial and unable to provide an opinion in time for this
meeting.
Comn~issioner Walshak noted that the Commission would be meeting on April 23 at
3:00 p.m. to retire the 85 and 90 bonds. He pointed out that the restrictive
covenants will be removed from the 85YYY bond at that time. City Manager Miller
explained that would be a determination made by the City Commission, but feels a
lotof the restrictions could be removed.
Comnlissioner Harmening moved to table this item. Commissioner Aguila seconded
the motion which carried 5-0.
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APRIL 21, 1992
NENiBUSINL:S$:
A. ~tems for discussion requested by Vice Mayor Lynne Matson:
1. Kl~anls $unrtsers
Vice Mayor Matson referred to a letter from the Boynton Beach Kiwanis Sunrisers
dated April 30, 1992, wherein they request approval from the City Commission for
a resolution to name the passive park at the front of Royal Palm Clubhouse the
Kiwanis Sierra Clubs Park. Both organizations donated the necessary manpower to
transform the area into a beautiful piece of landscaped greenery.
Notlon
Commissioner Aguila moved to name this passive park the Kiwanis Sierra Clubs
ParE. Commissioner Harmening seconded the motion which carried 5-0.
2, Neettn9 with F,D,O,T,
vice Mayor Matson and City Manager Miller met yesterday with Rick Chesser, the
Field District Secretary of F.D.O.T. The DER in Palm Beach County is dragging
their heels on the Boynton Beach Bridge, but Mr. Chesser had a better meeting
with DER in Tallahassee. F.D.O.T. is now working on a mitigation plan for the
mangroves and seagrass and minor changes to the bridge concept. The Ocean
Avenue Bridge is in such poor condition that it can onlY be shored uP. That is
a point in our favor. The U.S. Coast Guard has a minimal height limit of 25'
for!movable bridges and the Ocean Avenue Bridge is only 10'. The bridge cannot
be replaced since it does not meet the U. S. Coast Guard standards. A positive
aspect of the meeting was that F.D.O.T. is willing to give back the land on
Ocean Avenue where the bridge is located. We will then have a prime piece of
waterfront property which could be a viable factor in the downtown revitaliza-
tion for planters and benches.
Mrs~ Lewis' property at the new 1-95 interchange at Seacrest Boulevard and NW
22n~ Avenue was also discussed. Mrs. Lewis has been unable to get into her dri-
veway because of the new structure. D.O.T. is working on a cost estimate for
acquisition and relocation. City Manager Miller stated that cost estimates for
the!in-fill housing project will take approximately four to six weeks to
complete. Hopefully, Mrs. Lewis will see an end to her problem.
The)medians on North Federal Highway were also discussed. Permission has been
received to do permanent landscaping on the western shoulder of the median. It
is ~ossible for the City to secure a permit to place temporary plantings in the
med!ans. If the storm sewers are replaced or repaired, F.D.O.T. will put in
mountable curbs and will entertain a joint project agreement with the City
whe-eby if we irrigate, they will plant.
May~ r Weiner was not happy about the fact that a median may be planted and then
at ~ future date it could be torn out. Vice Mayor Matson stated it was
sug!ested to keep the plantings in large containers so as not to destroy the
roo'ls of the plantings upon uprooting. It was confirmed that the Containers are
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APRIL 21, 1992
very heavy. Mayor Weiner felt this would be a good compromise. Commissioner
Harmening suggested starting with the western shoulders. He mentioned a portion
of the western shoulder might be dug out because catch basins and parallel pipes
are located in that area. Mayor Weiner suggested not planting in that area at
this time. City Manager Miller said the medians begin at the C-1§ Canal and
move up to just north of NW 22nd Avenue. There are approximately thirteen
medians in the vicinity and some of them contain only limited plantings. City
Manager Miller will come back to the City Commission with a plan.
B. Items for discussion requested by Commissioner Bob Walshak:
1. F,D,O,T, Brldge at Boynton Beach Blvd, - North A11gnment,,,TABLED
Commissioner Walshak spoke with Senator Robert Wexler and Rep. Mark Foley. They
were concerned with the Boynton Beach Bridge, the plantings on Federal Highway
and the walkways in the mangrove areas. Commissioner Walshak asked permission
to invite both of them to the next City Commission meeting to afford them an
opportunity to discuss these items with the Commission.
Hot
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whe~
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app
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nissioner Aguila moved to remove this item from the table. Vice Mayor Matson
)nded the motion which carried 5-0.
)r Weiner stated that Commissioner Walshak does things first and then asks
nission and it is difficult to do business in this manner. She stated that
1 she met with Senator Wexler regarding the mangroves, it was with the appro-
and consent of the City Commission. When Senator Wexler proposed a con-
~nce call between City staff, the Mayor and the DER, it was with Commission
'oval. It is not seemly to conduct City Commission business away from the
! Commission. She further advised Commissioner Walshak that as a citizen, he
do as he wishes and as a Commissioner he can do as he wishes, but warned
: he is not scoring points with the Commission by going off by himself. She
received phone calls at home questioning whether or not certain items have
~ approved by the Commission. She asked that Commissioner Walshak perform
business through the Commission and with the Commission.
duc'
mis:
May~
mis:
Con)
cool
Fol,
Commissioner Walshak stated that he spoke with his friends and was not con-
:lng City business. He brought up this subject in an effort to seek per-
ion to invite Senator Wexler and Rep. Foley to the meeting in two weeks.
.r Weiner stated that both gentlemen are welcome at the meetings and per-
sion for an invitation is not necessary. She requested that the entire
~ission act in concert. Commissioner Walshak stated Mayor Weiner has his
)eration in achieving that goal. Vice Mayor Matson would like to see Mark
)y in attendance.
The;
wri'
Wei)
for
fee
'e was general consensus from the City Commission to have the City Manager
:e to all four representatives of the City, Senator Wexler, Senator
~stock, Representative Press and Representative Foley telling them about our
:erns with the Boynton Beach Bridge, the problem of the mangroves and asking
their help with the DER. The City Manager can contact any other agency he
Is can be of help. They will be invited to the next City Commission meeting.
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APRIL 21, 1992
2. Demolition of old/closed wastewater treatment plant
commissioner Walshak prepared a slide presentation of the old wastewater treat-
ment plant. As a procedural matter, Mayor Weiner objected to this presentation.
Commissioner Walshak requested proof from Robert's Rules of Order that he was
outOf order in presenting a visual aid. Attorney Cherof stated that the Chair
controls the meeting first. If the remainder of the body wants a different pre-
sentation, a motion should be entertained.
Commissioner Walshak explained that the slide presentation was a vital part of
hisldiscussion of this matter. The slides are not being used to show how bad
thelsituation is at the location. Commissioner Walshak pointed out that Oohn
Guidry and Bob Eichorst should be commended for the clean-up job at the plant.
The!point of the slide show is to visually see some of the Points he wished to
make and to show the advantages of the property. Mayor Weiner withdrew her
objection to the slide presentation on the grounds that Commissioner Walshak did
not repeat what has already been presented.
Thelslide presentation began with pictures of the main tanks. It was reported
tha~ screens have been placed at the stairwell which will help to stop children
from getting into the tanks. The slide presentation depicted the conditions
whidh exist at the plant. One of the slides depicted the berm area. Commis-
sioner Walshak suggested the possibility of relocating the animal shelter to
thi~ area. Commissioner Walshak pointed out that if a person stands in the
cen~er of the property and looks south, the roof on the four homes you can see
have been blackened because of the Brazilian Pine trees along the fence.
MayQr weiner questioned City Manager Miller regarding who perfomed the clean
up.i Bob Eichorst acknowledged that fourteen {14) full time employees from
Parks, Utilities, Public Works and Facilities Management performed the clean up.
The~ did an outstanding job. City Manager Miller stated that Mr. Eichorst did
an excellent job of coordinating the effort. Mayor Weiner wondered who gave
autt~orization for the clean up. Mr. Miller stated that he authorized the clean
up. It was pointed out that this clean up had not been discussed at the Commis-
sior, level. City Manager Miller and the Risk Manager felt some of the areas
wet( hazardous and had to be eliminated. Mayor Weiner objected to the fact that
this project was not discussed or authorized by the City Commission. She
con¢~ratulated all for the job, but stated that the Commission should have been
advised that this task was going to be performed. She asked that City Manager
Mil er inform the Commission of such things in the future.
Com~dssioner Walshak referred to an overlay showing the proximity of the seven-
teer~ homes involved in the in-fill housing project. He pointed out that the
nori~heast corner would be an ideal location to use one-half to one acre as a
smal park which could work with the in-fill housing project. Access to the
par~ would be in the northeast corner. He proposed that South Florida Water
Man(,gement has no access to the canal. It is a "C" designated canal. The City
own~ a 120' right-of-way on the north shore of it. He proposed to put 2,300' of
roa( through that land to open access to these eight acres of land. That would
elininate the commercial traffic from the residential areas. If S.F.W.M. thinks
thi is a viable project, they may enter into a joint venture on the cost of the
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APRIL 21, 1992
road. That would provide them access to the canal from Seacrest Boulevard to
1-95. City Manager Miller was only able to speak with an Inspector Adams who
thoUght this might be a viable project. However, it would have to be further
investigated.
Commissioner Walshak also mentioned that on the north side of Poinciana School
from the back to the canal there are thirteen homes. Commissioner Walshak
suggested offering a relocation program in conjunction with the in-fill project.
Commissioner Walshak and City Manager Miller discussed ways to fund such a pro-
ject. One of the ways would be from the $1.5 million sinking fund. City
Manager Miller stated that the money could be used to demolish the plant.
commissioner Walshak wondered if there would be objections to the road getting
into the plant. With regard to the roadway along the C-16 Canal, Mr. Miller was
notlsure about Ordinance 85YYY or the resolution relative to that issue. There
are!CIP funds available in the amount of $700,000 to $800,000. They can be used
forlcapital improvement projects only.
Not'ion
CommisSioner Walshak moved approval of a budget of $400,000 from the $1.5
mil ion Sinking Fund money or CIP funds be allocated and budgeted for the
fol owing:
The Building Official be instructed to prepare bid plans and specifications
for the complete demolition and removal of the old wastewater treatment
plant;
that negotiations begin with South Florida Water Management to clear banks
in the C-16 Canal and the road be constructed from Seacrest Boulevard west
to the aforementioned plant on the north side of said canal on the City
right-of-way;
THE
Colm
the
bab
Agu
fee
Wals
that Parks & Recreation or Maintenance be instructed to remove Brazilian
Pines along the east perimeter of the old sewage property;
that the City dediCate one acre at the north end of the old sewage treatment
plant property as a pocket park for, and in conjunction with, the proposed
in-fill housing project; and
that workshops be scheduled for the future use and proper utilization of
this valuable City-owned piece of property.
MOTION DIED FOR LACK OF A SECOND.
missioner Aguila feels that some of the things said were very valuable, but
motion was too encompassing. While he feels the Sinking Fund money can pro-
y be used by the City, he wants to wait for official word. Commissioner
la would be agreeable to use that money to bulldoze the plant; however, he
s some of the other steps should be taken one at a time. Commissioner
hak feels his motion was the basic foundation of a program.
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APRIL 21, 1992
vice Mayor Matson stated that her problem with this motion is that under VII.A,
OldlBusiness, discussion was tabled on the $1.5 million Sinking Fund.
, 3. Savtng and expanding Poinciana School - Discussion with School Board
' #embers TABLED
Con~hissioner Walshak stated that what was discussed in Item #2 expands to Item
#3.I Therefore, there was no further discussion on this topic.
Motion
vice Mayor Matson moved to strike this item from the agenda.
Agu'ila seconded the motion which carried 5-0.
Coffl
Str~
on I
Mare
out
che~
Con)
Mil
sch~
nor'
haw
off
poll
Roa~
is
Con~
witl
May~
sch~
say
whel
Con~
tha)
Commissioner
4. Concrete medtans- Boynton Beach Boulevard and FEC tracks
~issioner Walshak stated this median is a death trap. It is located on 4th
~et and Boynton Beach Boulevard. D.O.T. built this median without a permit
:EC property and it does not comply with Code. He suggested asking the City
~ger to contact D.O.T. or FEC to remove it. City Manager Miller pointed
that this has been brought to FEC's attention through a letter. He will
:k on it.
5. Addition of the Woolbrlght Place PUD site for study as a possible
location for a High School
)issioner Walshak has discussed the high school sites with City Manager
let. Mayor Weiner clarified that there are three possible sites for the new
)ol. The School Board prefers the site on Jog Road. There is a site just
:h of Old Boynton Road and Lawrence Road which the City Commission and staff
recommended to the School Board and there is a site on Congress Avenue just
Old Boynton Road whichwas suggested by one member of the School Board. She
~ted out that the School Board, approximately one year ago, voted on the Jog
site and the City Commission, City staff, and the Education Advisory Board
:tying to influence them to change their vote.
dssioner Walshak suggested the School Board look at keeping the high school
)in City limits. He feels that the Woolbright PUD should be looked into.
)r Weiner said there are mileage limitations the School Board follows. No
~ol can be built within two miles of another school. She feels they would
that property is too close to Atlantic High School. They also have criteria
'eby any school which will pull students from Atlantic High School is out.
Hssioner Walshak feels the Congress Avenue property is closer to Santaluces
the Woolbright PUD is to Atlantic High School.
Vic( Mayor Matson wondered how receptive the residents of Leisureville would be
to high school. Commissioner Walshak surveyed some of the people in Leisure-
vi e and the response was good.
Carm'ie Parker stated that the School Board has started to study the Congress
Ave~)ue site and asked staff to put together a package in terms of what will be
#INUTE$ - REGULAR CITY COP&4ISSION
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
needed regarding utilities, traffic, etc. They need this information by the
first week in May. It will be brought to the City Commission before it goes to
the School Board. Staff is working under the consensus that the Congress Avenue
site is first priority for a site within City limits, Lawrence Road is second
andiJog Road is third. This has been conveyed to the School Board as the City's
position. It was the consensus of the Commission that staff continue with the
plan they are preparing.
City Manager Miller feels it may be necessary to conduct a workshop to discuss
this process.
6, Boynton B~
Co~lissioner Walshak reported that one of the agents who represents Boynton Bay
cont:acted him to see if he could bring to the City Commission's attention the
fact that they would like to request the release of a $75,000 bond. City
Manager Miller stated that 4th Avenue was constructed by Felnor Construction
during the development of Boynton Bay and one of the provisions was that they
would construct certain portions of it-.and the City would reimburse them for it.
Hopefully, this issue will be on the next agenda.
iB, Palm Beach County Municipal League appolntmmnt$ to boards and committees
May~)r Weiner stated that the Palm Beach County Municipal League is trying to
rec~'uit people to sit on some of their committees. She suggested that anyone
who is interested should inform City Manager Miller.
Co~lissioner Aguila received a call from the Municipal League who asked if he
wou'd, be interested in being on the Board of Directors. Commissioner Aguila
agr~ed and has signed the consent forms and returned them.
CITY HANAGER'$ REPORT
Citj
res'
at ~
tio~
leti
leti
spe~=ific items inspected.
AD#tNISTRATIVE
AppOintment
~o Be
Hade Board
~ Manager Hiller reported that at the last meeting an inquiry was made by a
dent of Village Royale on the Green regarding the safety precautions taken
;afety Clean in Quantum Park. DER was contacted and informed us that inspec-
ts take place twice a year. They gave no further detail, but suggested if a
~er was written to them, they would respond. Hr. Miller has written that
~er regarding recent violations, what agencies inspect Safety Clean and the
These are announced inspections.
Reg/ Length of Term
Alt Expiration Date
Wei tier
Harn~ening
Mat,,;on
Wal ,hak
Agu la
Weir~er
Cemetery Board Alt
CRAB Reg
Board of Adjustment Reg
Bldg. Bd. of Adjustment & Appeals Reg
Bldg. Bd. of Adjustment & Appeals Reg
Civil Service Alt
Term expires 4/92 TABLED
Term expires 8/92 TABLED
3 yr term to 4/95 TABLED
3 yr term to 4/95 TABLED
3 yr term to 4/95 TABLED
2 yr term to 4/94 TABLED
- 34 -
MINUTES - REGULAR CITY CONNI$$ION
BOYNTON BEACH,.FLORIDA
APRIL 21, 1992
(continued)
AppOintment
To be Reg/
Made Board Alt
Aguila Community Appearance Board Alt
Harmening Library Board Reg
Harmening Planning & Zoning Board Reg
Weiner Planning & Zoning Board Reg
Matson Planning & Zoning Board Alt
Motion
Length of Term
Expiration Date
2 yr term to 4/94 TABLED
3 yr term to 4/95 TABLED
3 yr term to 4/95 TABLED
3 yr term to 4/95 TABLED
2 yr term to 4/94 TABLED
Commissioner Aguila moved to remove the Cemetery Board appointment from the
table. Vice Mayor Matson seconded the motion which carried 5-0.
MayOr Weiner appointed Gus Hart as an Alternate on the Cemetery Board. There
were no objections.
Commissioner Harmening asked that the CRAB appointment remain on the table.
Motion
vice Mayor Matson moved to remove the Board of Adjustment appointment from the
table. Commissioner Aguila seconded the motion which carried 5-0.
Vice Mayor Matson reappointed Rev, Thomas Newton as a Regular member of the
Board of Adjustment. There were no objections.
Commissioner Walshak reported that he appointed someone to Parks & Recreation
when he should have been appointed to Building Board of Adjustment and Appeals.
He further overlooked someone who had a Talent Bank Form in and has been on the
Parks Board for nine years. He asked for guidance in rectifying the situation.
A letter of resignation was received from the gentleman appointed to the Parks
& Recreation Board. City Clerk Sue Kruse reported that the confirmation letter
didlnot go out. Mayor Weiner advised Commissioner Walshak make his appointment
to ~he Building Board of Adjustment and Appeals and the appointment to the Parks
& Recreation Board will be on the next agenda.
Notion
commissioner Aguila moved to remove the Building Board of Adjustment and Appeals
appointment from the table.
commissioner Walshak appointed Michael Burns to the Building Board of Adjustment
and Appeals as a Regular member. There were no objections.
COF~
Adj~
Mot'
Vic(
fro~ the table.
lissioner Aguila requested that his appointment to the Building Board of
istment and Appeals remain on the table.
ion
Mayor Matson moved to remove the appointment to the Civil Service Board
Commissioner Aguila seconded the motion which carried 5-0.
- 35 -
#INUTE$ - REGULAR CITY C0tlii$$ION
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
Mayor Weiner appointed Eddte.#ltche11 as an
Alternate
member
of
the
Civil
Service Board. There were no objections.
Motion
Co~issioner Aguila moved to strike the appointment to the Community Appearance
Board from the agenda as well as the three Planning and Zoning Board appoint-
ments. Vice Mayor Matson seconded the motion which carried 5-0.
Commissioner Harmening moved to remove the Library Board appointment from the
taible. Commissioner ^guile seconded the motion which carried 5-0.
Commissioner Harmening appointed Catherine Pa~lo~skt as a Regular member of the
Liibrary Board. There were no objections.
Authorization to purchase Cart Barn Energy Ilanagement System for control
of 95 gotf cart chargers to be funded fremGotf Course Capttat Improve-
ment Projects ReserveRevenue Fund
cdmmissioner Harmening moved to approve the purchase of Cart Barn Energy
M~nagement System for control of 95 golf cart chargers to be funded from the
GOlf Course Capital Improvement Projects Reserve. Revenue FUnd. Commissioner
Aguila seconded the motion which Carried 4-0. (Con~nisSioner Wa]shak was away
f~om the dais.)
C. Consider renwat of Agreement wtth Ernst & Young to provide actuarlat
services for the Self-Insurance Fund for an addltlonat t~o years
M~yor Welner reported that a few weeks ago', Ernst & Young pled guilty to a
charge of helping to defraud investors In dealings with Charles rearing' They
paid $63 million in fines so as not to appear in court. For the integrity of
the City, she asked that the Commission authorize the City Manager to find
another accounting firm. City Manager Miller stated it does not have to go out
for formal RFQs. Following this formal procedure will take several months. If
proposals are sought, only an ad is necessary. Ernst & Young are the City's
aaditors. Commissioner Aguila wondered If there was a rush on this. The pur-
POse of rushtng would be to find out the actuarial figures for the budget. It
was pointed out that there are two years to comply. It is not mandatory to have
these services performed this year. Last year's figures can be used.
COmmissioner Aguila did not mind going with the proposals as long as information
would be available about the companies who will be applying. He wondered what
would happen in an RFQ that would not. happen in an RFP. City Manager Miller
w~ll check into it and report back.
Vice Mayor Matson suggested using last year's figures for bUdget purposes.
C~rrie Parker further suggested a cushion could be added if necessary.
- 36 -
HINUTE$ - REGULAR CITY COflNIS$ION
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
:D. Change Orders #30 and #32 for work or materials at Ezell Hester Park
#orion
Commissioner Harmening moved the approval of Change Orders #30 and #32.
ConTnissioner Aguila seconded the motion which carried 5-0.
Relief from distance requirements between business establishments
selling liquor and other uses {i.e., 419 N. Federal Highway} -
Discussion
und(
cum~'
won(
Che~
men1
dill
Chris Cutro stated a problem has been encountered. The owner of the property
wants to set up a church within 1,500' of a liquor store. There is no way to
take this before the Board of Adjustment. The owner is'seeking relief. Mr.
Cutro offered to work with the Building Official and the City Attorney to
attempt to set up an appeal process to handle such a situation. This situation
is not unique.
AttOrney Cherof stated that this relief cannot be provided because it is a pro-
vision of the Ordinance. The Ordinance can be amended to provide for an appeal
prm:ess which might render the distance requirement subject to tremendous attack
by myone who has it imposed on them after the first grant of relief.
Lawm'ence Gentile stated he has had the property since 1983 and is going through
trerlendous hardship with the building empty. The building has been empty for
fOUl years. He has made improvements to the parking lot, shrubbery, a new roof,
and ~ainting. This is the first offer he has had in four years.
AttOrney Cherof reported that the Ordinance codified what was the requirement
~r law. Commissioner Walshak wondered if there was a different set of cir-
~tances between what happens in the City and what happens in the CBD and
lered if the distance requirement in the CBD could be lessened. Attorney
*of felt this could not be done without jeopardizing the distance require-
:s in other parts of the City. Commissioner Walshak explained that there are
'erent requirements in the CBD because it is a unique area, but Attorney
Che~of feels the health and safety issues are not unique in the CBD.
Thi~ establishment will be a mission and will be classified under places of
assembly. Attorney Cherof agreed to look at the Ordinance to see if something
could be drafted.
Mr. Gentile was advised that the Attorney will look at the situation and get
back to him. Attorney Cherof will report back to the Commission at the next
meet.ing. At this point, nothing could be done to help Mr. Gentile.
CONSENT AGEHI)A
.A. Minutes:
1. City Commission Workshop Meeting Minutes of April 1, 1992
- 37 -
#INUTE$ - REGULAR CITY COI~I$$ION
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
2. Regular City Commission Meeting Minutes of April 7, 1992
ConTnissioner Harmening asked that the last paragraph on Page 5 be corrected to
change the word "xeric" to xeriscape.
Commissioner Harmening asked that the fourth paragraph be corrected to read,
"..ifrom the user fee".
commissioner Harmening requested that Paragraph 3 of Page 25 be corrected to
read, "...their response...", and Paragraph 5 should be corrected to read,
"..ito keep the funding from the two cities equal...".
Com~?issioner Harmening requested that the second line on Page 32 be corrected to
read, "...growth management".
Motion
Com
sec(
3. City Commission Workshop Meeting Minutes of April 9, 1992
Bids - Recommend Approval - All expenditures are approved in the 1991-92
Adopted Budget
1. Annual supply of metal trash containers (various sizes from 2 cu. yd
to 20 cu. yd} for Public Works ................................ TABLED
lissioner Aguila moved to remove this item from the table. Vice Mayor Matson
~nded the motion which carried 5-0.
City Manager Miller referred to a memorandum from Bob Eichorst dated April 13th.
This is a bid renewal for the third year of the contract. All bidders took
exception to the finish coat in their bid submittals; however, Industrial Refuse
Sales and Hesco Sales Inc., offered an alternative bid of an undercoating of a
3001resin base rust preventive, followed by two coats of 300 water-based paint
which is standard for the industry. Industrial Technology did not submit an
alternate bid and the bid was granted to Hesco Sales Inc., who was the low
bid(ler.
Con~)issioner Aguila stated he was the person who questioned this item and
clal'ified that this was a renewal bid of 1990. He wondered if Industrial
Teclmology had been given an opportunity to bid this item the same as Hesco.
Mr. Eichorst stated no bid procedures were sent out. It is only a renewal.
Cit Manager Miller said this was a two-year bid with a third year option to
renew.
2. Pipe Fittings and Accessories
The)Tabulation Committee recornmends awarding the bid on a Lot by Lot basis. The
awards were calculated by multiplying the estimated quantity of an item by the
unit price, adding together the extensions.
- 38 -
#XNUTE$ - REGULAR C~TY CONNZSSZON
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
3. Toro 450D self-contained fairway unit
As Outlined in Lana Koester's memorandum to the City Manager, this is an equip-
ment replacement as approved in the 1991-92 "Equipment Replacement Schedule" for
the!Golf Course Maintenance. The existing equipment (one 3-Gang Tri-King '87
Mower and one 3-Gang Tow Behind '87 Rough Mower). This original equipment was a
5-Gang HF§ Jacobson '83 Mower. This piece of equipment, after four years of
uses extensive repair, costs and downtime, was determined as defective from the
Jacobson Manufacturer in Wisconsin. They gave the City the two pieces of equip-
ment as described above in replacement of a cash reimbursement.
.C.
Consider approval of request for transfer of Cemetery Lot 260 A, Block
R, Boynton Beach Nemorlal Park Addn, I1 from Billy Pendergrass to Nela
R, Smtth
As Outlined in City Clerk Sue Kruse's Memorandum #92-053, Billy Pendergrass has
requested permission to transfer Cemetery Lot 260 A, Block R, Boynton Beach
Memorial~Park Addn. #1, to Nela R. Smith.
iD. Consider approval of request for removal of cromatns of W1111m~, Rahn
from hls ntche, Sunset Building; Sectton E; O-4, by Frank Rahn and
Nargaret Rahn Keene
As Outlined in a letter dated April 6, 1992, Margaret Rahn Keene and Frank Rahn,
hav& requested the removal of the cremains of William J. Rahn from his niche,
Sunset Building; Section E; D-4.
~E. Consider approval for Trane Tracer HVACControls
As Outlined in Bill DeBeck's Memorandum 92.032 to City Manager Miller, approval
is ~equested for Trane Tracer HVAC Controls in order to provide a stand-by
system for the Communications Center whenever the City must go on emergency
power.
Approval of Bills
The.bill for the Solid Waste Authority for the month of March in the amount of
$72 992.10 is included in this approval. A copy of these bills is attached to
the'original set of these minutes on file in the City Clerk's Office.
'G. Payment of BIlls - Narch, 1992
A c~py of these bills is attached to the original set of these minutes on file
in ~he City Clerk's Office.
Receive and ftle departmental activity reports,
commissioner Aguila moved the approval of the consent agenda which was seconded
by Vice Mayor Matson. The motion carried 5-0.
- 39 -
NINUTE$ - REGULAR CITY C01~I$SI01t
BOYNTON BEACH, FLORIDA
APRIL 21, 1992
OTHER
None
AD,IOURNNENT
There being no further business, ConTnissioner Aguila moved to adjourn the
meeting at 12:12 a.m. Vice Mayor Matson seconded the motion which carried 5-0.
ATTEST:
Ci ty~/U1 erk - ~
(J~cordi ng Secretary
(Five Tapes)
THE CITY OF BOYNTON BEACH
' Mayo r
/ Vi ce
C~l~,-ssi oner
- 40 -
THE GREATER
BOYNTON BEACH
CHAMBER OF COMMERCE
FOR IMMEDIATE RELEASE
Tuesday, April 24, 1992
The Greater Boynton Beach Chamber of Commerce has issued the following
statement with regards to City of Boynton Beach Proposed Ordinance 92-10. The
ordinance, which, if adopted, will eliminate the current Planning and Zoning Board
and Community Appearance Board and form a single Planning and Development
BOard, will be taken up for final vote by the Boynton Beach City Commission at its
regular meeting on Tuesday, April 21, 1992. The meeting is open to the public and
there will be an opportunity for concerned citizens and business people to speak.
The Greater Boynton Beach Chamber of Commerce supports this proposed legislation
and urges the passage of proposed ordinance 92-10 since this ordinance is consistent
With the adopted goals of the Chamber in as much as the ordinance will help to
streamline the development process without compromising the quality of such
development. By streamlining this process, responsible development can occur at a
cost savings to the developer and ultimately to the Boynton Beach consumer.
For further information, contact Interim Executive Vice President Bob Olenik at 732-
9501.
639 East Ocean Avenue, Firs! Financial Plaza 4/108. Boynton Beach. Florida 33435
407/732-9501
XI.
CONSENT AGENDA
F.
cc: Finance
AGENDA
April 21, 1992
e
e
10.
ALLIED LIME
Blanket P.O. 221 - Pebble Quick Lime for Water Plant.
Pay from Water & Sewer Rev---401-352-5-433-00
$ 10,175.54
ARDAMAN & ASSOCIATES, INC.
Subsurface Exploration and Geotechnical Services for the
Infill Program, Rolling Green Ridge, 16 lots (Phase I) as
per agreement.
Pay from Comm. Improve/CRA Fund---621-196-5-499-00
1,840.00
BOCA TIRES, INC.
Blanket P.O. 54 - Tubes & Tires for Warehouse.
Pay from Vehicle Service---502-O00-0-410-17
2,355.43
BROOKS PRODUCTS, INC.
150 Meter Boxes Complete for Utility Construction.
Pay from W & S Util.Rev. Fund---421-000-0-690-21
2,925.00
CAMP DRESSER & MCKEE INC.
Stormwater Haster Plan Phase I - services thru 2/22/92.
Pay from Stormwaters Util.Fund---425-000-0-692-10
1,573.00
CH2M HILL
Task orders per attached breakdown for period 1/25/92 thru
2/24/92.
Pay from Util. Cap. Improve.---404-O00-O-690-10
" " 1990 Constr.Fund .... 409-000-0-690-10
" " W & S Util.Rev. Fund-421-O00-0-690-21
" " " " ' ...... 421-000-0-691-21
" " W & S Rev. Fund ...... 401-391-5-468-00
837,290.36
39,818.02
3,033.85
1,088.65
682.85
81,913.73
EDICON SYSTEMS DIVISION
1 Comuter Imaging Station for Police Dept.
Pay from Misc.Trust Fund---691-O00-1-691-20
40,919.00
EASTERN BUSINESS FORMS, INC.
10M Parking Tickets for Police Dept.
Pay from General fund---001-211-5-472-00
1,171.70
GEE & JENSON
Professional services for period ending 2/29/92 - St. Marks
Boundary Survey.
Pay from Community Improve/CRA Fund---621-136-5-499-00
4,000.00
GERAGHTY & MILLER, INC.
Professional services for period ending 2/29/92 for New Well
Construction Western Wellfield.
Pay from Util.Cap. Improve.---404-000-0-690-10
7,788.47
11.
12.
13.
HORIZON AIR CONDITIONING, INC.
Install 35 Radiation Dampers in existing Air Distribution
Devices in City Hall and Police Dept corridors.
Pay from Public Svs.Tax Constr.---301-194-5-634-04
HUGHES SUPPLY, INC.
7 All Stainless Tapping Sleeves for Utility Constr.
Pay from W & S Util.Rev.Fund---421-O00-0-690-21
HYDRALINE, INC.
Parts needed for the 3" and 6" Pumping Station Bypass Pumps.
Pay from W & S Rev. Fund---401-352-5-642-00
"Best of 8 written quotes"
14. IBM CORP.
Blanket P.O. 41 - Maintenance Agreement Service from 4/1/92
thru 4/30/92 for printers, display stations etc. thru Data
Processing.
Pay from various departments.
15. J.F.K. MEDICAL CENTER
For account of Alfred Adler due to bodily injury accident.
Pay from Self Insurance Fund---622-195-5-440-01
16. JOHNSON, ANSELMO, MURDOCH, BURKE & GEORGE
Professional services for Boynton Beach Lakes vs. City of
Boynton - $1,220.91; Citrus Glen Ltd. vs. City of Boynton -
$1,053.60.
Pay from Reserve Self insurance---622-195-5-468-00
17.
18.
19.
20.
JOSIAS & GOREN, P.A.
Statement for Professional Services for March - $6,341.95;
Mrotek - $60.00; Tradewinds - $410.70; DCA Comp Plan - $80.00;
Cook Construction - $70.00; Fine Line Striping, Inc. - $421.05;
Kaufman - $190.00; Demarest Arbitration - $277.70; McGowan
Arbitration - $100.00; Moody Garnishment - $160.00; Standard
Brands - $150.00; Jefferson Civil Service Hearing - $110.00;
Summit Associates - $1,051.05; Kaminester - $70.00.
Pay from General Fund---001-141-5-461-00
LAWMEN'S AND SHOOTERS SUP?LY, INC.
Ammunition to replace Stock/Pistol Team for Police Dept.
Pay from General Fund---001-211-5-381-00
MUNICIPAL SALES & LEASING, INC.
1 National Recycling Model NR-340 mounted on a 1991 Ford
Model F-800 for Sanitation Dept.
Pay from Sanitation Fund---501-000-1-477-50
Per bid 4/25/91, Commission approved 5/7/91
NEWS/SUN SENTINEL
Advertisement for 1992 Boynton's G.A.L.A.
Pay from General Fund---O01-000-1-290-70
2,850.00
3,994.00
2,769.87
1,799.11
1,645.00
2,274.51
9,492.45
2,372.00
68,168.00
1,815.84
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
PALM BEACH NEWSPAPERS, INC.
Legal Ads for March, 1992.
Pay from General Fund---001-122-5-475-00
" " " " 001-122-5-470-12
$1,262.87
1,926.14
PEROXIDATION SYSTEMS, INC.
Blanket P.O. 244 - Partial payment 50% Hydrogen Peroxide
Solution used for Corrosion and Odor Control Program for
Utility Pumping Stations.
Pay from Water & Sewer Rev---401-352-5-365-00
PITMAN PHOTO SUPPLY
Photo supplies for Police Dept.
Pay from General Fund---O01-211-5-380-01
POOLE & KENT COMPANY
Blanket P.O. 858 - Payment ~2 Construction of West Water
Treatment Plant.
Pay from 1990 Constr. Fund---409-000-0-690-10
Per bid 10/1/91, Commission approved 12/3/91
REHRIG PACIFIC COMPANY
5M Gal. Recycling Bins for Sanitation Dept.
Pay from Sanitation Fund---431-341-5-342-00
ROBERTS & REYNOLDS, P.A.
Legal fees for following cases - Jean-Louise vs. City of
Boynton - $168.25; Blackmon vs. City - $8,775.57; Seac vs.
City - $4,450.88; Desnoyers vs. City - $518.59.
Pay from Self Insurance Fund---622-195-5-468-00
THE ROLM COMPANY
Blanket PoO. 240 - Partial payment Maintenance Agreement for
Telephone System.
Pay from General Fund---O01-197-5-430-21
SIRSI CORPORATION
Library COALA - CPU Maintenance Renewal per contract
from 5/1/92 thru 9/30/92.
Pay from General Fund---001-711-5-460-03
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD
User charges for treatment and disposal of wastewater for
month of March, 1992.
Pay from W & S Rev. Fund---401-353-5-490-09
SOUTHEASTERN MUNICIPAL SUPPLY
Materials needed for 2" Water Main Replacement Sect.#ll ~
124 SE 15th Ave/Woolbright Rd.
Pay from W & S Util.Rev. Fund---421-000-0-690-21
"Bid %043-401-91 VSMG"
3,189.01
8,307.00
3,605.88
49,617.00
21,000.00
13,913.29
5,118.66
1,446.00
170,984.98
33,862.84
31. TARE LAWN MAINTENANCE 2,495.00
Blanket P.O. 68 - Landscape Maintenance Services.
Payfrom~General Fund---001-722-5-430-15
32. VINCENT TENHOEVE 1,786.81
Damage to vehicle involved in accident with Police vehicle
on 4/8/92.
Pay from Self Insurance Fund---622-195-5-440-02
33. TENNIS SUPPLY 7r040.00
1 Electronic Roller for Tennis Courts.
Pay from Public Svs.Tax Constr.---301-721-5-642-06
34. TRAILING EDGE TECHNOLOGIES, INC. 1,215.05
Blanket P.O. 272 - Tech Assist. and Fine Tuning for Variable
Frequency Drives.
Pay from W & S Rev.Fund---401-352-5-433-O0
35. TRW-REDI PROPERTY DATA 1,390.00
Annual contract for Maps and Redi Realty Reports.
Pay from General Fund---001-122-5-499-O0
36. U.S. POST OFFICE 3,530.40
Payment for bulk mailing of Funfare! magazine - 29,420
~ 12 cents each.
Pay from General Fund---001-721-5-478-O0
37. VANCE & DONEY, P.A. 1,338.50
Professional services rendered - Finizio vs. City from
3/13/92 thru 3/25/92.
38. YOUNGQUIST BROTHERS, INC. 7,000.00
Construction of Monitor Well.
Pay from Utility Cap. Improve.---404-000-0-690-10
Commission approved 3/3/92
39. CZR, INCORPORATED 1,600.00
Professional services re: Boynton Beach Boat Club Park
Macroinvertebrate Survey.
Pay from Public Svs.Tax Constr.---301-721-5-640-29
"Commission approved 2/18/92"
40. EVERGLADES LABORATORIES, INC. 3,600.00
Inv. #3077 dated 3/6/92 - Project B.B. Landfill Well Moni-
toring.
Pay from Sanitation Fund---431-341-5-490-06
41. SEALAND CONTRACTORS, INC. 160,997.41
Payment #15 for Ezell Hester Park - $147,124.74
Payment #13 for Rolling Green Park- 13,872.67
Pay from Public Svs.Tax Constr.---301-000-1-450-20
42.
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
Services for Landfill Project from 3/12/92 thru 3/28/92.
Pay from Sanitation Fund---431-341-5-490-06
17,649.38
These bills have been approved and verified by the department
heads involved, checked and approved for payment.
Grady~nce D~ecto~-r
I therefore recommend payment of these bills.
Scott Miller, City Manager
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