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Minutes 04-07-92MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, APRIL 7, 1992, AT 7:00 P. M. PRESENT Arline Weiner, Mayor Lynne Matson, Vice Mayor Jose Aguila, Commissioner Edward Harmening, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS A. Call to Order B. Invocation C. Pledge of Allegiance to the Flag Mayor Weiner called the meeting to order at 7:00 P. M. After a moment of silent prayer, she led in the recitation of the Pledge of Allegiance to the Flag. D. Agenda Approval 1. Additions, Deletions, Corrections Under New Business, Commissioner Walshak tabled items B.3 and B.4 to the April 21, 1992 meeting. Under Resolutions, City Manager Miller added a ninth resolution pertaining to an agreement with Boynton Beach Mall, setting forth Building Safety Week. Under New Business, City Manager Miller added item D regarding Exchange Club Plant Sale at the Boynton Beach Mall. Mayor Weiner added an item under Announcements. Mayor Weiner requested and received permission from the Commission to add an item at the beginning of New Business regarding an event that occurred over the weekend at the Old Wastewater Plant. 2. Adoption Commissioner Harmening moved to adopt the agenda as amended. Commissioner Aguila seconded the motion which Carried 5-0. E. Organizational Matters Proposed Resolution No. R92-45 Re: Adoption of Robert's Rules of Order - 1 - MINUTES - REGULAR CITY COMMISSI°N BOYNTON BEACH, FLORIDA APRIL 7, 1992 Attorney Cherof read Proposed Resolution No. R92-45 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE 1990 EDITION OF ROBERT'S RULES OF ORDER NEWLY REVISED (LIBRARY OF CONGRESS CARD NO. ISBN 0673-38734-8) AS OFFICIAL RULES OF ORDER Commissioner Harmening moved to adopt Proposed Resolution No. R92-45. Vice Mayor Matson seconded the motion which carried 5-0. Proposed Resolution No. R92-46 Re: Roll Call Voting Procedure Establishing Attorney Cherof read Proposed Resolution No. R92-46 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A ROTATING ROLL CALL PROCEDURE FOR VOTING. Vice Mayor Matson moved to adopt Proposed Resolution No. R92-46. Commissioner Aguila seconded the motion which carried 5-0. F. Announcements 1. Expression of Gratitude from Mayor Weiner Mayor Weiner expressed her gratitude to all those people who helped her during her husband's recent illness and hospitaliza- tion. She thanked Commissioner Harmening, vice Mayor Matson and Commissioner Aguila for filling in for her at meetings and appointments that she had to miss and for their wonderful and continuous moral support. She thanked City Manager Miller and his assistants, Carrie Parker and Wilfred Hawkins, and everyone connected with the CitY Manager's Office for all their kindness. She thanked Attorney Cherof and his wife for their willingness to help her. She said Danny and she received hundreds of cards, letters, phone calls and flowers from staff and citizens wishing and praying for her husband's recovery and his return to good health. She informed everyone that her husband is now home from the hospital and is recovering. She said everyone's caring and concern helped light their dark days and she thanked all very much. City Commission workshop Meeting - April 9th at 7:00 P. M. in the City Commission Chambers - Review of the Boynton Lakes and Meadows #1 and #2 Park Sites - 2 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 Mayor Weiner announced this workshop meeting. 3. Proclamation a) National Library Week, April 5 - 11, 1992 Mayor Weiner read a proclamation declaring April 5 through April 11, 1992 National Library Week. b) National Youth Service Day - April 28, 1992 Mayor Weiner read a proclamation declaring April 28, 1992 National Youth Service Day. G. Presentation 1. Employee of the Month Mayor Weiner and City Manager Miller presented Ramon Dauta with the Employee of the Month award for March, 1992 for his outstanding dedication to his job and providing cost savings to the City. Mr. Dauta is a Mechanic II in Public Works/Vehicle Maintenance. Mr. Dauta volunteered to customize a new tractor loader to be used as a bulk trash loader. In the the past, the City had to pay an outside vendor in excess of $1,600.00 to accomplish this task. Mr. Dauta accomplished this task in half the time it would have taken a vendor, and he did it at substant- ial cost savings to the City. His efforts helped diffuse costs to the City while still maintaining a high standard quality of workmanship. II. BIDS None. III. PUBLIC HEARING ne Project Name: Agent: Owner: Location: Description: Cedar Grove PUD Julian Bryan Cedar Grove Investments, N. W. The east side of South Seacrest Boulevard, approximately 100 feet south of S. E. 31st Avenue (South Seacrest scrub site) 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 construc- tion of 234 dwelling units, comprised of single family dwellings and duplexes - 3 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 City Manager Miller read the letter, dated April 6, 1992, from Michael Rubin, attorney for the agent, Julian Bryan, addressed to Chris Cutro, City Planner, requesting this matter be rescheduled to April 21, 1992 due to Mr. Bryan being unexpectedly called out of town under subpoena. Mayor Weiner read Planning and Zoning Department Memo No. 92-056, dated April 6, 1992, in which Chris Cutro suggested to City Manager Miller that the public hearing be opened, staff be allowed to make its presentation, the public be allowed to speak, and then continue the meeting, enabling the Planning and Zoning Department to go right to rebuttal by the applicant on April 21, 1992. Mayor Weiner did not feel this was the proper way to handle this matter. She did not want the matter chopped up into pieces and felt it would be better to reserve all comments until the applicant is present. She advised that anyone wishing to speak on this matter tonight may do so; however she urged them to voice their concerns again when the applicant is present. Commissioner Aguila noted this item had been on the City Commission and Planning and Zoning Board agendas a number of times and postponed, and suggested it be postponed until the May 19, 1992 meeting and that the readvertising and notification be done at the expense of the applicant. Vice Mayor Matson felt this was a flagrant disregard of the people in that neighborhood. Commissioner Harmening expressed his apologies to those members of the audience who came out in this weather to present their case. Commissioner Walshak desired that a copy of the subpoena be furnished to the City Commission. Attorney Cherof said he would make that request. Kathleen Brennan of 2308 Aspen Way, a Senior Environmental Analysis with Palm Beach County Department of Environmental Resources Management, informed the City Commission of the status of the partnership application for matching funds submitted by the County and the City to the State of Florida for acquisition of the Seacrest scrub, saying the Seacrest project has a high probability of receiving matching State funds. She also informed the City Commission of the State's determination policy. Catherine Martens of 159 S. E. 27th Court expressed concern about this historical, environmentally sensitive area and the children's future. She could see nothing good coming from this project and pointed out that the existing sewer line might pre- sent a problem as far as accessibility in the future. - 4 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 Ralph Marchese of 1901 Roma Way said this beautiful land is not just for the animals; it is for the people too, and he urged the City Commission to do everything they could to preserve it. Commissioner Aguila moved to postpone this matter until May 19, 1992 at 7:00 P. M. Vice Mayor Matson seconded the motion which carried 5-0. MAYOR WEINER DECLARED A ONE MINUTE RECESS TO ALLOW THE DEPARTURE OF THE PEOPLE WHO CAME TO SPEAK ON THIS ISSUE. THE MEETING RECONVENED AT 7:32 P. M. IV. PUBLIC AUDIENCE Henrietta Solomon of 230 N. E. 26th Avenue commended the City Commission for this past year, saying they did admirably, par- ticularly under such adverse conditions with the budget being as it is. She was concerned and worried about the Safety Clean Plant located in Quantum. She read a newspaper article regarding government oversight of the facility. She spoke of contamination and of leaks in the pipes. Mayor Weiner directed City Manager Miller to find out how often and by whom Safety Clean is inspected, in addition to how thorough the inspections are. Ms. Solomon expressed concern about improving the landscaping on the median on Federal Highway. City Manager Miller said the Florida Department of Transportation has a storm sewer line running down the middle and apparently has some severe infiltra- tion problems that are causing seepage in the sand and sink holes in the medians. He said he asked Rick Chesser, the District Secretary, to permit the City to put landscaping or some trees at those locations which do not have a sink hole developed or in those places where there isn't any infiltration into the lines. This is presently going back and forth between the maintenance office in West Palm Beach and the district office in Fort Lauderdale. At Mayor Weiner's suggestion, City Manager Miller will arrange for himself, Mayor Weiner and Charles Frederick to meet with Mr. Chesser. Vice Mayor Matson suggested temporary plantings xeric in nature which do not require a lot of irrigation. Mr. Frederick advised he was ready to plant trees, but that FDOT denied the permit because they were in redesign again. Vice - 5 - *xeriscape MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 Mayor Matson asked if this encompassed the cedar along the tracks. Mr. Frederick answered in the affirmative. Drew Zuccala of 633 E. Industrial Avenue spoke of the past serv- ices of Zuccala Wrecker Service to this City and stated that Murphy's Towing has not complied with the City contract because they do not have a bathroom in their office facility, parking is not provided for the handicapped, they are not a minority owned business, and they rented two bays as opposed to the three bay minimum of nine by twenty feet. He asked if Murphy's Towing was going to be monitored for a 90 day probation period to see if they respond to their calls on time. Mayor Weiner directed City Manager Miller to look into this matter and report back to the City Commission. Vice Mayor Matson said she stipulated very clearly that there be a bid specification in the contract indicating if they did not comply within 90 days then that contract is null and void. She wanted to know how they got a license without a bathroom and handicapped parking. Wilfred Hawkins totally disagreed with Mr. Zuccala. He said they have a bathroom at their facility. They do not have handicapped parking, but that is not a requirement at the facility where they are located. The occupational license was issued after all proper inspections were done. Commissioner Aguita wanted the handicapped requirement checked into and Vice Mayor Matson wanted Attorney Cherof's determination regarding the contract. Maurice Rosenstock of 1 villa Lane, with regard to Ms. Solomon's statements, advised the City Commission that there has been improvement in the medians on Federal Highway and there is going to be improvement in the medians on Boynton Beach Boulevard. However, if you took traffic counts on the various streets in the City, a dollar volume of business, sales tax received, and taxes paid for property assessment, Congress Avenue would prob- ably far outweigh the rest of the City. He suggested the Planning Department do a definitive study of the various streets in the City and come up with a system of priorities and save a little money each year to do something. vice Mayor Matson agreed with Ms. Solomon about the medians on Federal Highway, adding that there are dead trees and dead grass on the medians on Congress Avenue. Dee Zibelli of 440 Ocean Parkway spoke of the tremendous amount of large trucks parked in the north end. She would like Code - 6 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 Enforcement to go through the area and tag them. She said she was not very happy with the Paint-Up Fix-Up Program set up in 1986 and did not think the people were being properly informed of the program. She felt hanging notices on fences did not work because some of the people cannot read English. She felt the people needed to be talked to individually. It appeared to her that the people who have been helped by this program so far were not the people that could not afford to have it done themselves. Maretha Medeus of 418 N. W. 4th Avenue appreciated the fast serv- ice and fine work the Police Department is doing in her neighbor- hood. Ms. Medeus told of her mother having to pay $25.00 an hour to rent the Wilson Center for dinner after a funeral and asked the City Commission to give special consideration to senior citizens in the future. Mayor Weiner advised Ms. Medeus of the Task Force on the Elderly looking into the problems of the senior citizens in the City and of the possibility of a permanent advisory board, which would be the proper mechanism for help for senior citizens. Reverend C. A. Akins of 407 N. W. 13th Avenue felt the Cherry Hill section of Boynton Beach has been neglected. He said the median strip lying between N. W. 13th Avenue and 12th Avenue, extending one block west, has become a hazard to the residents. The street itself is not wide enough for on-street parking which has provoked people to park on the sidewalk and they have been ticketed. The median has no irrigation and the Sanitation Department drops trash all over because the street is so narrow. The streets of that area remain completely covered with glass and debris. He asked the City Commission to remove the median because it is a hindrance and an eyesore and of no good to the community. Mayor Weiner directed City Manager Miller to take a look at this matter and report back to the City Commission. City Manager Miller thought the area was very narrow and that it might be best to remove the island as the Reverend Akins suggested. Lillian Artis of 306 N. W. 1st Avenue commended the the City Commission on doing a great job. She said some residents asked her to appeal to the City Commission to consider an amendment to Section 17, Article II of the City Charter to include single member districts where the candidate would have to reside within the boundaries and be elected by the voters within that district only. Mayor Weiner promised to give it some consideration; however, she told Ms. Artis that her experience of single member districts in the county has been of a disastrous nature for the citizens. - 7 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 Elizabeth Jenkins of 711 N. W. 1st Street spoke of the great job the CPOs are doing in the City with very little funds or no funds at all. She said some of the citizens commended City Manager Miller and Lillian Artis. She presented a donation of $65.00 collected by some of the citizens for the CPO programs. Chief Hillery thanked Ms. Jenkins and talked about community policing. He said he was happy the program was being accepted. MAYOR WEINER DECLARED THE PUBLIC AUDIENCE CLOSED. V. DEVELOPMENT PLANS ae Master Plan Modification - Request to modify the lot layouts and setbacks from a zero lot line and Z-lot configuration to a conventional lot layout in the Lawrence Grove PUD Chris Cutro, City Planner, said this is a proposed modification of the Lawrence Grove PUD to move to a more conventional lot layout as opposed to the present lot layout which favors zero lot lines and Z-lots. Staff has received this request and found no increased impacts and no increased densities, nor increases in traffic, water, sewer, drainage, or recreation impacts. The Technical Review Committee reviewed this petition on March 12, 1992 and most of their comments deal with either asking for a new plat to be done or are things that can be addressed at the time of platting. Staff recommended the City Commission find this to be a minor change. Anna Cottrell, a planner with Urban Design Studio, 2000 Palm Beach Lakes Boulevard, West Palm Beach, represented the appli- cant. She said the specific request is for approval of a finding of an insubstantial change so that the applicant can proceed to the Planning and Zoning Board for actual modification to the PUD. The modification affects very little of the lot layout. It does not affect the major design elements whatsoever. The modifica- tion is to allow a change in some of the lots from the approved zero lot line or patio homes to conventional detached single family homes. This is a reaction to a market demand for more conventional units. There has been less absorption of this proj- ect than was originally anticipated. Patio homes in the develop- ment will still be offered. There are three types of units that will then be approved if this modification is approved next week. In response to Commissioner Aguila, Mr. Cutro advised that the lot layout is very similar except that in certain cases, there are now Z-lots and some smaller lots. Mr. Cutro advised that this matter will have to come back on a preliminary plat and the original plan could be made available at that time. - 8 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 Vice Mayor Matson referred to Public Works Memorandum No. 92-034 which indicates the proposed cul-de-sac does not provide proper turn-around for santitation vehicles. She wanted to know if this was going to be addressed. Mr. Cutro said that would be dealt with at the time of preliminary platting. Commissioner Harmening moved that the master plan modification be determined by this body to be of a minor nature. Commissioner Aguila seconded the motion which carried 5-0. Be Final Plat submission - Annoreno Estates f/k/a Buchannan Estates (north of Ocean Drive, west of S. W. 7th Street, south of S. W. 1st AvenUe, east of S. W. 8th Street) Mike Kazunas, City Engineer, said this is a replat of an existing plat. It is a recombination of existing lots resulting in larger and fewer lots. There is abandonment of some roadways and some improvements involved. The applicant has provided all the required documents and fees and staff recommends approval and signing of the plat. Commissioner Harmening moved that the plat be approved and that the Mayor and City Clerk be authorized to sign the plat. Commissioner Aguila seconded the motion. Attorney Cherof read Proposed Resolution No. R92-47 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR A RE-PLAT OF A PORTION OF LAKE BOYNTON ESTATES FOR ANNORENO ESTATES (FORMERLY BUCHANAN ESTATES), LYING IN SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST; AND PROVIDING AN EFFECTIVE DATE. Commissioner Harmening amended his motion to include approval of Proposed Resolution No. R92-47. Commissioner Aguila amended his second. The motion carried 5-0. VI. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 092-8 Re: Amending Chapter 2, Article III, by creating a new Section 2-46 of the Code of Ordinances to be entitled, "Vacancy in Candidacy" to provide for certain procedures to fill vacancies in candidacy caused by death, withdrawal, or removal from the ballot of qualified candidates - 9 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 Attorney Cherof read Proposed Ordinance No. 092-8 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE III, BY CREATING A NEW SECTION 2-46 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, TO BE ENTITLED, "VACANCY IN CANDIDACY" TO PROVIDE FOR CERTAIN PROCEDURES TO FILL VACANCIES IN CANDIDACY CAUSED BY DEATH, WITHDRAWAL, OR REMOVAL FROM THE BALLOT OF QUALIFIED CANDIDATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Matson moved to approve Proposed Ordinance No. 092-8 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. Proposed Ordinance No. 092-9 Re: Amendments to Budget Appropriations Ordinance (FY 91-92) Attorney Cherof read Proposed Ordinance No. 092-9 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 091-68 BY AMENDING THE SUM APPROPRIATED TO THE GENERAL FUND; PROVIDING THAT EACH AND EVERY OTHER TERM AND PROVISION '~F ORDINANCE NO. 091-68 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Commmissioner Harmening moved to approve Proposed Ordinance No. 092-9 on second and final reading. Commissioner Aguila seconded the motion. Commissioner Walshak asked what necessitates an ordinance elimi- nating the vacancies which have not been filled. City Manager Miller explained that when an appropriations ordinance was adopted, it was adopted at a level of spending. Now that the revenue is anticipated to come in somewhere in the neighborhood of a half a million dollars, the expenditure side has to be looked at. Commissioner Walshak asked if this could be handled administra- tively. City Manager Miller did not believe it could be handled administratively since regular time and salary accounts in the respective departmental budgets should be reduced accordingly. Commissioner Walshak asked where City Manager Miller was going to put the dollars he intends to take out of the expenditure side. City Manager Miller explained that $522,000.00 is not going to be received; therefore, the expenditures have to be reduced. - 10 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 Commissioner Walshak said if those positions have not been filled at the end of the year, the money has not been expended. Therefore, that money is still in the budget and would decrease any deficit as far as the projections are concerned. City Manager Miller explained that in order to balance a line item budget, the revenues have to equal the expenditures. Commissioner Walshak did not see why this was being done by a City ordinance when City Manager Miller could do it administra- tively at the end of the year. City Manager Miller said it is a matter of making the budget adjustments knowing there is a decreased revenue stream, or not doing anything, hoping to spend within those confines. If the money is not in the accounts, then it cannot be spent. However, if the money is in those accounts, then there is always the pro- pensity to spend those dollars. Commissioner walshak asked what the forecast looks like for the second quarter. City Manager Miller said some are up and some are down. The bottom line is that they almost even out. He said occupational licenses are going to come in less than originally anticipated. Building permits and plan check fees have increased slightly. However, interest income, Southern Bell utility taxes and ad valorem taxes are going to come in a little lower than anticipated. Commissioner Walshak said the sixteen people are not on the payroll and are not going to be hired, which accounts for $420,000.00 of the $520,000.00 shortfall, leaving a $100,000.00 shortfall at this point in time. Attorney Cherof advised that under Chapter 166.241, Florida Statutes, appropriations are required to be made each year and the amount anticipated being received from taxation or other revenues is not permitted to be exceeded. If the anticipated revenues from taxes or other sources is depleted or diminished, it is appropriate under Chapter 166 to amend the budget to reflect that and accordingly to amend appropriations to track that. At the request of Commissioner Walshak, Attorney Cherof read the Chapter, and said the way to make appropriations by law is by adopting a budget. Commissioner Walshak did not see the word "amend" in the statute. Attorney Cherof disagreed with Commissioner Walshak's conclusion and believed this is the lawful authority for amending the budget ordinance. Commissioner Walshak said he was trying to find out why an ordi- nance is required at mid stream which involves approximately a $30,000.00 shortfall. City Manager Miller wanted to know where he got the $30,000.00 figure from. Commissioner Walshak replied - 11 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 that the sixteen positions are not really a shortfall since they are not going to be filled and the money is not going to be expended. City Manager Miller said this makes sense if the posi- tions are not filled, but conversely if the money is not going to come in, then you need to make adjustments to the budgetary appropriation ordinance to reflect that change. Commissioner Walshak did not think an ordinance was needed to do this. Attorney Cherof thought an ordinance was needed because the appropriations as set forth in the budget need to track what the anticipated expenditures are and when a shortfall is anticipated, it is appropriate to amend the budget so that the public is aware, as well as the Commission, that there is a change midstream sometime during the year. Commissioner Walshak felt there is not that big a shortfall at midstream because there is no intention of filling the sixteen positions; it is a matter of administrative responsibility to reduce the appropriations and materials and supplies, which would bring it down another $60,000.00 for a total of $480,000.00 of a projected $500,000.00 shortfall. vice Mayor Matson hoped the two firefighter positions that are frozen would not be eliminated. City Manager Miller advised that these positions are intended to be filled October 1, 1992. Vice Mayor Matson had a problem with one department having two administrative assistants and eliminating clerical positions. She suggested there was not enough work for the administrative assistants since they are doing personal work on City time for the Head of the Department and teaching English to City employees on City time. City Manager Miller said he performed an analysis with the Building Official and reviewed the multitude of administrative tasks being performed and the complexity of several of such tasks. He felt if further cuts were made in this area, it would affect service level. Commissioner Walshak agreed with City Manager Miller on this decision; however, he did not agree on the ordinance laying off three clerks. He did not think the City Commission should panic and lay off those people in midstream because of a $28,302.00 shortfall. He felt it should be reviewed at the end of the third quarter and possibly in the fourth quarter before laying off these people. Commissioner Aguila did not feel as comfortable as he did two weeks ago with letting the clerks go if it only involves $30,000.00. - 12 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 Mayor Weiner pointed out that the City is living on the edge and as the end of the fiscal year approaches, $10,000.00 could be very meaningful. She did not feel the City coUld afford to have a budget in deficit at the end of the year. Commissioner Aguila said it could get worse, but he was willing to take that risk. Commissioner Walshak stated there was a tremendous increase in building permits in the last two months and he felt it would con- tinue because the construction industry is coming back. City Manager Miller said all indications are that there is a good chance that the construction industry is on its way back, but not to the extent it was last year or the year befOre. Commissioner Harmening moved the question. A roll call vote was polled by City Clerk Sue Kruse. The motion failed 3-2. Vice Mayor Matson and Commissioners Aguila and Walshak cast the dissenting votes. Commissioner Aguila moved to approve Proposed Ordinance No. 092-9, amending it to keep the three clerks, on second and final reading. Commissioner Walshak seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 3-2 with Commissioner Harmening and Vice Mayor Matson casting the dissenting votes. Vice Mayor Matson stated she voted against this ordinance because of what she said previously about the administrative assistants. MAYOR WEINER DECLARED A FIVE MINUTE RECESS. RECONVENED AT 9:05 P. M. THE MEETING B. Ordinances - 1st Reading Proposed Ordinance No. 092-7 Re: Adopting a Statement of Investment policy for the General Employees Pension Plan ........... TABLED Commissioner Harmening moved to remove this item from the table. Commissioner Aguila seconded the motion which carried 5-0. Attorney Cherof read Proposed Ordinance No. 092-7 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A STATEMENT OF INVESTMENT POLICY GOALS AND GUIDELINES FOR THE CITY OF BOYNTON BEACH EMPLOYEES PENSION PLAN; PROVIDING GUIDELINES FOR PERMISSIBLE INVESTMENTS; PROVIDING GUIDELINES FOR EQUITY PORTFOLIO; PROVIDING GUIDELINES FOR FIXED INCOME PORTFOLIO; PROVIDING GUIDELINES FOR MUTUAL FUNDS AND COMMINGLED FUNDS; PROVIDING - 13 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 FOR PROHIBITED TRANSACTIONS; PROVIDING GOALS FOR THE TOTAL PORTFOLIO, THE EQUITY PORTFOLIO, AND THE FIXED INCOME PORTFOLIO; PROVIDING FOR THE PREPARATION OF A COMPREHENSIVE LIST OF iNVESTMENT POLICIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Weiner asked for clarification of the last paragraph in Attorney Cherof's Memorandum No. 92-43 to City Manager Miller. Commissioner Harmening explained the intent was to change the maximum stock to 35% and that no individual stock should exceed 2~%. The fixed income was changed slightly to A, and nothing less than A, and if it drops below A it is to be sold immedi- ately. He did not recall if the Pension Board expressed a definite time certain in which the stocks had to pay dividends; however, he recommended a minimum of five years. In response to Mr. Frederick, Commissioner Harmening clarified that the 35% referred to maximum equities. Mr. Frederick said his interpretation of the meetings and of the Board's position was to reduce it from 65% to 50%. Commissioner Harmening stated that has been Board policy and the recommendation of the advisor for a long time; however, he thought it was the intent of the Pension Board to reduce it below that. Mr. Frederick did not think there was clarification on that from the Board. It was Commissioner Harmening's position that it should be 35%. In response to Mr. Frederick, Commissioner Harmening said the A ratings related to the bonds, and that all securities purchased must hold a ranking in one of the top three classifications of a major rating service. Mr. Frederick clarified that when the Board voted to approve the policies and objective, not the changes in the ordinance, they established that 50% was the level they wanted the investment for the equities. He did not feel there was a consensus at the workshop to drop that percentage to 30 or 40%. Mayor Weiner inquired if the ordinance presently before this Commission reflects what was agreed to at the workshop. Commissioner Harmening felt it did, as amended. Mr. Frederick also believed it did. Discussion ensued regarding the stock being reduced from 65% to 50%. Commissioner Harmening felt the purpose of this was to pro- tect the assets in the Employees' Pension Fund as much as possible. Commissioner Harmening moved to approve Proposed Ordinance No. 092-7, as amended, on first reading. Commissioner Aguila seconded the motion. - 14 - MI~JTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 Commissioner Walshak asked for clarification of the amendment. Attorney Cherof advised that 40% would be changed to 35% in paragraph number 1 of Exhibit "A", and in paragraph number 2, immediately before the last sentence, a sentence would be inserted indiqating that in the event a bond rating drops below a rating of A, it shall be sold by the investment manager. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-1. Commissioner Walshak cast the dissenting vote. Proposed Ordinance No. 092-10 Re: Creation of a Planning and Development Board (consolidation of the Planning & 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 QUALIFICATION TO THE BOARD; PROVIDING FOR PROCEDURES FOR APPOINTMENT OF MEMBERS, ALTERNATE MEMBERS AND FOR FILLING VACANCIES ON THE BOARD; PROVIDING FOR PROCEDURES FOR THE CONDUCT OF THE MEETINGS OF THE BOARD; PROVIDING FOR JURISDICTION OF THE BOARD; PROVIDING FOR POWERS OF THE BOARD; PROVIDING FOR DESIGNATION 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 SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Commissioner Aguila had a problem with being mandated to fill a vacancy within thirty days. Attorney Cherof said to place a period after the words "City Commission" in paragraph D on page 3. Commissioner Aguila wanted "or end of term" inserted between "removal" and "of regular members" in the last sentence of paragraph E. Commissioner Aguila moved to approve Proposed Ordinance No. 092-10 as amended on first reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. C. Resolutions Proposed Resolution No. R92-48 Re: Authorize the City of Boynton Beach to execute an Interlocal Agreement with Palm Beach County, Boca Raton, - 15 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 Delray Beach, Lake Worth, Palm Beach Gardens, Royal Palm Beach and West Palm Beach for the purpose of consummating an agreement to establish a Countywide Computer Imaging System (CIS) Attorney Cherof read Proposed Resolution No. R92-48 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY, THE CITIES OF BOCA RATON, DELRAY BEACH, LAKE WORTH, PALM BEACH GARDENS, ROYAL PALM BEACH AND WEST PALM BEACH FOR THE PURPOSE OF CONSUMMATING AN AGREEMENT TO ESTABLISH A COUNTY-WIDE COMPUTER IMAGING SYSTEM (CIS), A COPY OF SAID AGREEMENT BEING'ATTACHED HERETO; AND PROVIDING AN EFFECTIVE DATE. Commissioner Harmening moved the approval of Proposed Resolution No. R92-48. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No. R92-49 Re: Authorize rati- fication of the South Central Regional Wastewater Treatment and Disposal Board Action of February 25, 1992 authorizing acceptance of an Industrial Waste and Pretreatment Agreement Attorney Cherof read Proposed Resolution No. R92-49 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF FEBRUARY 25, 1992 AUTHORIZING ACCEPTANCE OF AN INDUSTRIAL WASTE ~D PRETREATMENT AGREEMENT, WITH MODIFICATIONS, WHICH IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Commissioner Aguila moved the approval of Proposed Resolution No. R92-49. Vice Mayor Matson seconded the motion which carried 5-0. Proposed Resolution No. R92-50 Re: Release of Surety - Boynton Bay Apartments for water and sanitary sewer systems (N. E. 4th Street south of N. E. 22nd Avenue) Attorney Cherof read Proposed Resolution No. R92-50 by title only: - 16 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RELEASE OF A CASH BOND FOR BOYNTON BAY APARTMENTS IN THE AMOUNT OF $15,730.00 TO R. C. BOOS, INC./FELNER CONSTRUCTION, INC.; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Matson moved the approval of Proposed Resolution No. R92-50. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No. R92-51 Re: Children Services Council Grant Application - Latchkey Program Attorney Cherof read Proposed Resolution No. R92-51 by title only: - ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING STAFF TO APPLY FOR THE CHILDREN SERVICES COUNCIL GRANT (LATCHKEY) FOR THE 1992-93 FISCAL YEAR; AND PROVIDING AN EFFECTIVE DATE. Commissioner Aguila moved the approval of Proposed Resolution No. R92-51. Vice Mayor Matson seconded the motion which carried 5-0. Proposed Resolution No. R92-52 Re: Children Services Council Grant Application - Recreation, Athletics and Police (R.A.P.) Attorney Cherof read Proposed Resolution No. R92-52 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING STAFF TO APPLY FOR THE CHILDREN SERVICES COUNCIL GRANT (RECREATION, ATHLETICS AND POLICE PROGRAM) FOR THE 1992-93 FISCAL YEAR; AND PROVIDINGAN EFFECTIVE DATE. Vice Mayor Matson moved the approval of Proposed Resolution No. R92-52. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No. R92-53 Re: Children Services Council Grant Application - Juvenile First Offender Program Attorney Cherof read Proposed Resolution No. R92-53 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING STAFF TO APPLY FOR - 17 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 THE CHILDREN SERVICES COUNCIL GRANT (JUVENILE FIRST OFFENDER PROGRAM) FOR THE 1992-93 FISCAL YEAR; AND PROVIDING AN EFFECTIVE DATE. Commissioner Aguila moved the approval of Proposed Resolution No. R92-53. Commissioner Harmening seconded the motion which carried 5-0. Mayor Weiner hoped with the establishment of the Children and Youth Advisory Board that next year there will be even more applications to the Children Services Council. She said Chief Hillery is doing great in the meantime. Proposed Resolution No. R92-54 Re: Authorize exe- cution of Range Agreement between Richard p. willie, Sheriff of Palm Beach County, and the City of Boynton Beach for the purpose of training with high-powered special weapons Attorney Cherof read Proposed Resolution No. R92-54 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 RANGE AGREEMENT WITH RICHARD P. WILLIE, AS SHERIFF OF PALM BEACH COUNTY, STATE OF FLORIDA; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Commissioner Harmening moved the approval of Proposed Resolution No. R92-54. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution NO. R92-55 Re: Authorize exe- cution of contract with Dr. James Denson Godwin, M. D. to serve as the City's Medical Director for Emergency Medical Services Attorney Cherof read Proposed Resolution No. R92-55 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN EMERGENCY MEDICAL SERVICE DIRECTOR CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND DR. JAMES DENSON GODWIN, M. D., BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. City Manager Miller advised that this is the same basic contract the City has had for the past several years with Dr. Jeff Davis. - 18 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 Moreover, the duties and responsibities have been expanded in certain areas for the same fee of $18,000.00 per year. Commissioner Harmening moved the approval of Proposed Resolution No. R92-55. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No. R92-56 Re: Authorize exe- cution of contract with Boynton Beach Mall Marketing Fund for the purpose of setting forth Building Safety Week display from April 16, 1992 through April 18, 1992 City Manager Miller stated this has been done in the past and has been very successful, and Boynton Beach Mall is putting this licensed contract before the City Commission for consideration. Attorney Cherof read proposed Resolution No. R92-56 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH MALL MARKETING FUND; SAID CONTRACT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Attorney Cherof advised that the contract requires one amendment. It currently provides that the mall be named as a named insured on the insurance policy to be obtained by the City, which is not permissible under the City's self insurance policy which is predicated on sovereign immunity. Therefore, he will delete that language before resubmitting the contract. vice Mayor Matson moved the approval of Proposed Resolution No. R92-56 with the deletion. Commissioner Aguila seconded the motion which carred 5-0. D. Other Consider proposed ordinance amending Appendix A - Zoning, Section 4.F Height Limitations and Exceptions of the Code of Ordinances of the City of Boynton Beach ...... TABLED (Commission directed ~his'i~e~ ~o'r~main on table until after the joint Commission/Chamber Workshop) Mayor Weiner announced that this item will remain on the table. The joint workshop is scheduled for Monday, April 20, 1992, at the Clayton Conference Center at Bethesda Hospital. - 19 - MI~jTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 Citrus Glen Limited Partnership vs. City of Boynton Beach Attorney Cherof advised that this case is being handled by Mike Burke of the law firm of Johnson, Anselmo, Murdoch, Burke & George. The City's most recent Motion to Dismiss was denied. He said Mr. Burke is seeking authorization to file a counterclaim for breach of contract and for a default on the bond. Attorney Cherof requested approval from the City Commission for Attorney Burke to assert those counterclaims. Commissioner Harmening so moved. motion which carried 5-0. vice Mayor Matson seconded the Attorney Cherof advised that Felix Granados, Jr. made an overture to settlement on this case which would involve to some degree the completion of the road at the expense of Mr. Granados with some assurance that the City would assist him in recouping the money in the future. Attorney Cherof sought authorization from the City Commission to meet with representatives of that company to see if it is possible to negotiate a settlement. Commissioner Harmening moved to approve the suggested settlement per Attorney Burke's letter. Commissioner A~aila seconded the motion which carried 5-0. Consider City of Boynton Beach's share of legal expenses in the case of City of West Palm Beach, et al vs. Palm Beach County Mayor Weiner advised this had to do with the March 10, 1992 referendum that was defeated, and that there is a bill for $4,261.30. Attorney Cherof advised that there was a meeting this past Friday with some of the attorneys involved in this case regarding the allocation of costs. He requested that this matter be tabled until he can confirm the outcome of that meeting. vice Mayor Matson moved to table this matter. Aguita seconded the motion which carried 5-0. Commissioner VII. OLD BUSINESS None. - 20 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 VIII. NEW BUSINESS A. Item for discussion requested by Mayor Arline Weiner 1. Conduct of Commissioner Walshak Mayor Weiner said this City is a City Commission/City Manager form of government and that the City Manager is the administrator of all City affairs and the City Commission is the legislative branch. She related what she heard about Commissioner Walshak obtaining a key to the Old Sewer Treatment Plant from an employee who had to be called in at time and a half on Saturday afternoon. Mr. Guidry has not received the key back and ordered new locks for the Old Sewer Treatment Plant. Mayor Weiner said City Manager Miller is available to every. member of this Commission almost all the time; all of them have his home phone number and he is always accessible. She understood Commissioner Walshak's zeal but said there are ways things have to be done. Commissioner Walshak's actions seemed to Mayor Weiner to be imprudent, irresponsible and contemptuous of this City's form of City government. She said Attorney Cherof advised her that Commissioner Walshak has violated City Charter. At the request of Mayor Weiner, Attorney Cherof read Section 49C of the Charter. Commissioner Aguila said one of the first things he did when he became a commissioner was to read the Charter and anything the Commission wants to do in this City needs to be done through the City Manager's Office. He stated it is not within the purview of any one Commissioner to violate the rules. He assumed it hap- pened because Commissioner Walshak is a new Commissioner and this type of behavior would not continue. vice Mayor Matson was distressed because this cost the City an employee at time and a half, plus the cost of new locks. She chalked it up to overzeatousness on the part of Commissioner Walshak in his desire to do a good job. However, she was con- cerned that if no action is taken, this Commission would be guilty of misfeasance or malfeasance. Attorney Cherof advised that although the City Commission has the power to sanction a member of the Commission, it is not required to take action. He said the Charter provides that the City Commission has the power to remove a commissioner, but that is in conflict with State Statute which preempts that and, therefore, there is no such power. Commissioner Walshak said City Manager Miller's home phone number was never given to him. He referred to Section 49 and stated he did not make a request for services from an officer. He related - 21 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 his side of the story and said he was told by the maintenance man that there were probably 30 or 40 keys in existence for those locks. Commissioner Walshak said he does a lot of his work on Saturdays and Sundays because he works during the week. Mayor Weiner said she was sure arrangements could be made through the City Manager. Commissioner Walshak told of his fruitless attempts to contact City Manager Miller on Friday afternoon to request a key. Mayor Weiner said the City Manager will try to accommodate Commissioner Walshak, and she desired some sense of comfort from Commissioner Walshak that he will respect the City Manager's position as Administrator of this City and go through him to schedule tours of facilities or Department Head meetings. Commissioner Walshak wholeheartedly agreed with Mayor Weiner and said he respected her position and the position of every other Commissioner on this Board. He hoped she would afford him the same consideration that he affords her. Items for discussion requested by Vice Mayor Lynne Matson 1. County Redistricting Lines Vice Mayor Matson attended the March 24, 1992 County Commission meeting because of the City Commission's consensus to take a stand on the new county redistricting lines. She read the letter, dated March 20, 1992, which City Manager Miller addressed to the Board of County Commissioners, opposing the proposed county redistricting plan. She advised that after reading and submitting this letter to the County Commission, she spoke to them as a taxpayer and told them she felt Boynton Beach has no representation. Vice Mayor Matson was upset that she was the only person from Boynton Beach at the County Commission meeting. She advised that the Greater Boynton Beach area now has four com- missioners and the City has 30 days to protest this. She asked for a consensus to direct the City Manager to send a stronger letter to the County Commission, stressing the taking away of home rule and disenfranchising. She explained that many people who voted two years ago will not have another vote for four years. She did not think the new map was compact and contiguous and asked for Attorney Cherof's opinion. She urged the City Commissioners to contact the County Commissioners and implored everybody to attend the upcoming County Commission meeting. Mayor Weiner felt this City needs a representative from Boynton Beach on the County Commission and in the House of Representatives. - 22 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 Vice Mayor Matson felt it was important for the Chamber of Commerce to attend the upcoming County Commission meeting. Maurice Rosenstock of 1 Villa Lane agreed more people should appear before the County Commission. He suggested the City Attorney present the arguments and designate people in the com- munity. He said a plan should be set forth, the date of the County Commission meeting made public, and notices sent out. Shirley Stevens of 2832 S. E. 5th Circle North spoke against the new County redistricting lines. Henrietta Solomon of 230 N. E. 26th Avenue felt the only way to obtain results is with loud voices and many people, not just this City Commission. City Manager Miller was directed to write a a stronger letter to the County Commission, and Attorney Cherof was authorized to draft the appropriate resolution to reflect the City Commission's intent. In response to Mayor Weiner, Vice Mayor Matson stated there were no other cities unhappy with the new County redistricting lines. Report on meeting held with Black Police Officers Association Vice Mayor Matson compared the inequity of Boca Raton having 2% black residents and 8 minority officers with Boynton Beach having 20% to 25% black residents and only 3 black officers. She, Wilfred Hawkins, and Arthur Lee met with the Black Police Officers Association, who is going to evaluate this City's proce- dure and recruit top applicants for the City, free of charge. Chief Hillery will be going with Mr. Hawkins to recruit. The Justice Department, who will probably train the recruits free of charge, will be contacting Vice Mayor Matson. Items for discussion requested by Commissioner Bob Walshak South Central Regional Wastewater Treatment and Disposal Board - Sinking Fund - 1,5 million Commissioner Walshak suggested that it would be possible to take this money and revert it back to the General Fund. He said this would not be raiding the utility fund because this is not part of the utility fund; this is a separate sinking fund estalished by a resolution in 1981 from a 1975 EPA agreement. The resolution specifically stated that each city was to set up and become escrow agents for two sinking funds, one in Delray Beach and one in Boynton Beach. Peter Cheney increased taxes 56% to bring the revenue up to the acceptable levels of everybody else in the State who was operating the same sort of plant. MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 Mayor Weiner pointed out that it would have been the City Commission who raised taxes and vice Mayor Matson pointed out the utility fees were raised, not taxes. Commissioner Walshak said this sinking fund has been in existence since 1981 and is specifically earmarked for R&R (rebuilding and reconstruction). In 1991, via Resolution 191, the SCRWTD Board gave $1,500,000.00 to Delray Beach to use out of their sinking fund. At that point in time, the attorney for the SCRWTD Board said Boynton Beach also had to take their share because of the 50/50 joint partnership. According to the SCRWTD Board Minutes of the Special Meeting on March 7, 1991, the Presas & Haas study indicated under the current rate set aside for this, it will not require an increase in the sinking fund portion of the user fee and there will still be adequate funds under a worse case sce- nario on a three million dollar drawdown. Commissioner Walshak said Delray Beach used their portion of the money and Boynton Beach has not. He understood Boynton Beach may still have some obligation to pay the overages between the bond on capping the aeration tanks. However, $1,250,000.00 is set aside in the budget this year out of cap fees specifically earmarked to pay the balance of that project. Therefore, there is still money left in the account. Commissioner Walshak said he heard the money was earmarked for water towers and things of that nature, but felt this money could not be used for a water proj- ect. He said bond counsel indicated it has absolutely nothing to do with the bonds. Commissioner Walshak suggested a Portion of this money be used for the demolition of the Old Wastewater Treatment Plant. Commissioner Harmening said in 1981 he was Chairman of the South Central Regional Wastewater Treatment Board. He explained that it was Boynton Beach's position that since the EPA grant called for renewal and replacement that a fund would be set up and fed into the user fee. It has always been considered a part of Boynton Beach's and Delray Beach's water and sewer revenue fund and still is, Commissioner Harmening said Resolution 85-YYY would remove any doubt as to the status of all the money in the water and sewer revenue fund and that this money is not available under any circumstances for what Commissioner Walshak suggested. Commissioner Walshak felt some of Commissioner Harmening's remarks were in conflict with what bond counsel indicated. Commissioner Harmening pointed out that the bond counsel Commissioner Walshak referred to was not the bond counsel for the controlling resolution. Attorney Cherof stated that he saw Mark Raymond's letter today for the first time and it appears to express an opinion with - 24 - *should read, "...and fed from the user fee." MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 respect to the bonds, based on presumptions. It was not clear to Attorney Cherof if Mr. Raymond had all the facts available to him. He thought the best and most cautious thing to do is to ask Mr. Raymond or bond counsel from the 1985 issue to express an opinion based on authority. Vice Mayor Matson asked who was going to pay for this opinion. Commissioner Harmening indicated he might be able to get Howard Whitaker to do this free of charge. vice Mayor Matson asked Attorney Cherof if the City is opening itself up to a bondholder's class action suit if these bonds are encumbered. Attorney Cherof replied that this is a possibility; however, the insurer of the bonds would probably step forward before the bondholders. Commissioner Harmening suggested sending a copy of the letter from Mark Raymond to Ambach to get his response. * Vice Mayor Matson wanted to know (1) if the money is to be trans- ferred, could it be transferred to utility construction where there is a shortfall; (2) will the City expose itself to liabil- ity from rate payers; (3) has the SCRWTD Board confirmed, in writing, that this is City money; (4) does the SCRWTD Board have claim to the money; and (5) does the SCRWTD Board have any control over the use of the money. Commissioner Harmening advised that the money was sitting there for ten years; it accrued over a long period of time and because one of the entities did not have adequate funding, and since part of the job being let out at that time was R & R related, it was easy to say that they could use a million and a half of it. In order to keep the funding from the two cities, Boynton Beach put ** in a million and a half also. Mayor Weiner recalled a fifteen day window of opportunity in which Delray Beach exercised its option to take that money back. She said the fifteen days have elapsed and that money is still not available. It was the consensus of the City Commission that Attorney Cherof write Jim Vance, Howard Whitaker, and Bob Federspiel regarding this matter. 2. Demolition of Old Wastewater Treatment Plant Commissioner Walshak passed around photographs of the Old Wastewater Treatment Plant and described what he called a dis- graceful, deplorable condition. He said the fence is falling down in some places; debris is scattered throughout; taxpayer paid for materials are lying all over in no sensible order, unse- **should read, "... funding from - 25 - the two cities equal,..." *should read, "...to Ambach to get their response." MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 cured and unprotected; children were playing there; the buildings are wide open; all the windows are knocked out; the stairs do not have any guardrails; there is junk and human excrement; and he thinks homeless are living there. He said on the second floor of one building there are big water tanks containing eight or ten feet of standing water; there are thousands of mosquitos; the dumpster contains mattresses, old furniture, and solid waste; broken concrete and asphalt mixed with solid waste has been dumped on the west perimeter. He stated there are in excess of 100 code violations on this property. It is a health hazard and a waste of taxpayer dollars. It is the backyard for an infill housing project and there are homes there now looking right into this garbage dump. He suggested and asked the members of this Commission to act on this immediately. He felt the plant'should be torn down and cleaned up and the material that belongs to the taxpayers of this City should be removed and protected. Mayor Weiner advised that this matter has been discussed every year since 1988 but there never seems to be the money to do anything about it. Commissioner Walshak suggested using the money from the Utility Fund, which is bulging. He quoted the retained earnings as of 1990 to be $30,000,215.61. He felt liability would be tremendous if somebody gets hurt in this area. F.D.O.T. Bridge at Boynton Beach Boulevard - "North Alignment" This item has been tabled to the April 21, 1992 meeting. Saving and expanding Poinciana School - "Discussion with School Board Members" This item has been tabled to the April 21, 1992 meeting. e Parking lot lights and landscape buffer at Congress Avenue Tennis Center Commissioner Walshak said the lights need to be shielded so that they do not shine into the homes of the people, and that the City promised to replace the trees in the back when this was built. Mr. Frederick asked if the individual who owns the two story home on the northwestern corner of the park property was the one who brought this to Commissioner Walshak's attention. Commissioner Walshak answered in the affirmative. Mr. Frederick said this was brought to his attention previously by the Mayor and by some residents. He said the parking lights in the parking lot are FP&L lights. The City asked FP&L what could be done to take the - 26 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 glare off those lights. FP&L painted the western side of those lights with black paint about three months ago to try to knock down the glare. Mr. Frederick advised that FP&L has a policy of not putting shields on because they have not had any success with them. He said he was advised by FP&L that the City could take the lights out and put in its own private system. Mr. Frederick stated he was unaware of any promise to replace trees. He said the gentleman with the problem asked the Forestor to plant some very tall trees and the City indicated it would do its best when the next phase of development of that property along the waterway was undertaken. Mr. Frederick pointed out that the gentleman has a two story home and can see the lights from Congress Avenue, South Tech, and Caloosa Park. Mr. Frederick said even if trees are planted far out in the park or across the lake, it would not block those lights. He thought it would help the situation if the gentleman planted thirty foot sables closer to his home or on the common grounds of Hunters Run. Commissioner Walshak said the man offered to pay for the trees. Mr. Frederick advised if the trees were planted, it would not solve the problem. He thinks the man wants the trees planted along the water's edge, which is low and wet. Commissioner Walshak said the man wants the trees planted on top of the berm. Mr. Frederick said there is no berm. He advised that the City would have to clear out a twenty foot swath of an undeveloped area with a bulldozer to create a berm. Maurice Rosenstock of 1 Villa Lane said the lights that are controlled by FP&L per Mr. Frederick exist in the parking lot for the sole purpose of people playing tennis. In response to a question posed by Mr. Rosenstock, Mr. Frederick said the City pays a rental on the poles. Mr. Rosenstock indicated that the tennis courts are hardly ever used after 9:00 P. M. and said if you are on Sutton Place, you could almost read a newspaper in the light reflected off a cloud bank in that area. Mr. Rosenstock said the gentleman is willing to pay to replace something the City erroneously removed. Mayor weiner directed City Manager Miller to follow up with this problem. City Manager Miller said the City will take the money and put the trees up. District meeting the 2nd Saturday of the month - 9:00 A. M. to 12:00 Noon Commissioner Walshak said on the second Saturday of every month, from 9:00 A. M. to 12:00 noon he will be holding district - 27 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 meetings at the Headstart Building. The meetings will be open to the public to air their concerns, grievances, and problems. Mayor Weiner asked Attorney Cherof if this would be in conflict with any Headstart program or contract. Commissioner Walshak replied that the Director of the Program does not seem to think SO. Vice Mayor Matson asked that they not be called district meetings because meetings held in a City building should be open to any- body in the City and not just one particular district. Mayor Weiner directed Attorney Cherof to make sure any City meetings held in this building are not in conflict with any County contract. Commissioner Aguila inquired, assuming these meetings would be allowed, if tonight's announcement is sufficient notice to the public or if these meetings need to be continually announced. Attorney Cherof advised that without knowing more about the pur- pose or agenda of the meetings, he could not answer this question. Commissioner Walshak explained these are not public meetings; it is an opportunity for people in the community to air their problems and grievances to him on a one on one basis. Consideration of refund Tax Increment Financing (TIF) Monies due General Fund from Community Redevelopment Agency City Manager Miller said the final evaluation received was decreased from the preliminary value. Therefore, the City of Boynton Beach General Fund is due a refund in the amount of $7,629.87 from the CRA Fund. He needed a concurrence from the City Commission on this, since it cannot be handled administra- tively. Commissioner Harmening moved to accept the refund of the TIF Monies due the General Fund from the CRA in the amount of $7,629.87. Vice Mayor Matson seconded the motion which carried 5-0. D. Exchange Club Plant Sale at the Boynton Beach Mall City Manager Miller said he received a request from the National Exchange Club--Exchange Club of Greater Boynton Beach. He advised that the City has an ordinance prohibiting these types of activities and the Commission directed City Staff to develop an ordinance that would be fair and equitable for everyone and not so stringent. Administratively, the City can approve this sale. - 28 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 Commissioner Harmening moved to direct the City Attorney to pre- pare the appropriate ordinance to abolish this ordinance in toro. Commissioner Aguila seconded the motion which carried 5-0. Based on this proposed action of the City Commission, Commissioner Harmening moved to grant permission to the National Exchange Club--Exchange Club of Greater Boynton Beach to hold a plant sale from April 3 through April 20, 1992 from 8:30 A. M. until dusk on the southwest corner of the Boynton Beach Mall parking lot. Commissioner Aguila seconded the motion which carried 5-0. IX. CITY MANAGER'S REPORT City Manager Miller announced that he and Bob Olenik are preparing the agenda for the Joint Chamber of Commerce and City Commission meeting on Monday, April 20, 1992, should anyone have any items or issues they would like added. City Manager Miller announed that the Office of Emergency Medical Service Compliance Monitoring Unit conducted a site visit of the Boynton Beach Fire Rescue on March 5, 1992, found no sufficient deficiencies, and awarded the City the State of Florida Exemplary Vehicle Status. He gave thanks to Jim Ness and all the paramedics who made this possible. Commissioner Harmening pointed out that not many receive this award. City Manager Miller advised that he will be out of the office tomorrow for Leadership Palm Beach County and Friday he will be out of the office because his' family is coming down from Chicago. X. ADMINISTRATIVE ae APPOINTMENT TO BE MADE Weiner BOARD REG/ LENGTH OF TERM ALT EXPIRATION DATE Cemetery Board Alt Term expires 4/92 TABLED Harmening Matson Harmening Matson Weiner Harmening Matson walshak Aguila Weiner Harmening Walshak Community Relations Board Alt Golf Advisory Committee City Alt CRAB Board of Adjustment Reg Board of Adjustment Reg Board of Adjustment Alt Bldg Board of Adj & Appeals Reg Bldg Board of Adj & Appeals Reg Bldg Board of Adj & Appeals Reg Bldg Board of Adj & Appeals Alt Bldg Board of Adj & Appeals Alt Cemetery Board Reg Term expires 4/92 TABLED Term expires 6/96 TABLED Term expires 8/92 TABLED 3 yr term to 4/95 3 yr term to 4/95 2 yr term to 4/94 3 yr term to 4/95 3 yr term to 4/95 3 yr term to 4/95 1 yr term to 4/93 1 yr term to 4/93 3 yr term to 4/95 - 29 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 Aguila Harmening Weiner Aguila Matson Walshak Aguila Aguila Harmening Harmening Weiner Matson Weiner Walshak Aguila Cemetery Board Reg Civil Service Board Reg Civil Service Board Alt Community Appearance Board Alt Community Relations Board Reg Community Relations Board Reg Community Relations Board Alt Library Board Reg Library Board Reg Planning & Zoning Board Reg Planning & Zoning Board Reg Planning & Zoning Board Alt Recreation & Parks Board Reg Recreation & Parks Board Reg Employees' Pension Board Reg 3 yr term to 4/95 2 yr term to 4/94 2 yr term to 4/94 2 yr term to 4/94 3 yr term to 4/95 3 yr term to 4/95 1 yr term to 4/93 3 yr term to 4/95 3 yr term to 4/95 3 yr term to 4/95 3 yr term to 4/95 2 yr term to 4/94 3 yr term to 4/95 3 yr term to 4/95 3 yr term to 4/95 Mayor Weiner left her Cemetery Board appointment on the table. Commissioner Harmening moved to remove his Community Relations Board appointment. Vice Mayor Matson seconded the motion which carried 5-0. Commissioner Harmening appointed Charles Oppenheimer as an alter- nate to the Community Relations Board, without objection. vice Mayor Matson moved to remove her Golf Advisory Committee appointment from the table. Commissioner Harmening seconded the motion which carried 5-0. Vice Mayor Matson was proud to appoint Milton Finkel as a city alternate of the Golf Advisory Committee, without objection. Commissioner Harmening left his CRAB appointment on the table. vice Mayor Matson tabled her Board of Adjustment appointment. Mayor Weiner appointed Nello Tineri as a regular member of the Board of Adjustment, without objection. vice Mayor Matson appointed Elaine Roberts as a regular member of the Building Board of Adjustment and Appeals, without objection. Commissioner Aguila tabled his appointment to the Building Board of Adjustment and Appeals. Mayor Weiner appointed Heinz Born as an alternate member of the Building Board of Ajustment and Appeals, without objection. Commissioner Walshak appointed Allen Wolf as a regular member of the Cemetery Board, without objection. - 30- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 Commissioner Aguila appointed David Nyquist as a regular member of the Cemetery Board, without objection. Commissioner Harmening appointed Ralph Marchese as a regular member of the. Civil Service Board, without objection. Commissioner Aguila moved to table the Community Appearance Board and Planning and Zoning Board appointments until the ordinance is concluded. Vice Mayor Matson seconded the motion which carried 5-0. Mayor Weiner appointed Elizabeth Collins as a regular member of the Community Relations Board, without objection. Vice Mayor Matson appointed Marie Ackermann as a regular member of the Community Relations Board, without objection. Commissioner Walshak appointed Roxie Miller as a regular member of the Community Relations Board, without objection. Commissioner Aguila appointed Marilyn Yorkshire as an alternate member of the Community Relations Board, without objection. Commissioner Aguila appointed Roberta Oppenheimer as a regular member of the Library Board, without objection. Commissioner Harmening tabled his appointment to the Library Board. Mayor Weiner appointed Lillian Artis as a regular member of the Recreation and Parks Board, without objection. Commissioner Walshak appointed Michael Burns as a regular member of the Recreation and Parks Board, without objection. Commissioner Aguila appointed Robert Foot as a regular member of the Employees' Pension Board, without objection. Commissioner Harmening appointed Ben Uleck as an alternate member of the Board of Adjustment, without objection. Commissioner Harmening appointed A1 McGregor as an alternate member of the Building Board of Adjustment and Appeals, without objection. Mayor Weiner announced that all the appointments that have not been filled would be considered tabled. - 31 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 B. Palm Beach County Municipal League Report Commissioner Harmening reported that the Mayor of West Palm Beach thought the Municipal League's stance on gross management was a little hard and possibly ought to be changed. No consensus came out of this meeting. Two members not presently members of the League because they have not paid their dues, were primarily interested in the dues structure and were sort of supportive of Mrs. Graham. The Mayor of Lake Worth, Ron Exline, did not appear to be supportive of Mrs. Graham. The Mayor of Greenacres was on Mrs. Graham's side. Commissioner Harmening said he remained neutral in his stance and approached the issue from a historical prospective. Mrs. Graham's main objection seemed to be that the President of the Municipal League was going to succeed himself for two terms. Since then, there has been talk that this will not happen and McDonald will move up. Basically nothing really came out of the meeting. Chris Cutro said he attended a meeting last Wednesday at the request of Jack Horniman. At that meeting Jack Horiman and Trela white proposed an intergovernmental coordination committee be formed. All land use plan amendments would be turned in to the member of that committee who would sort and distribute them to other interested governmental entities that would also be part of this interlocal agreement. There was talk about providing a mediation function so that cities could help other cities mediate disputes between cities. At that meeting, Mr. Cutro suggested monthly meetings to review problems, concerns, pending legisla- tion, and/or various county-wide issues. A subcommittee of him- self and the Planning and Zoning Directors of Delray Beach, Boca Raton, Jupiter and Palm Beach Gardens met on Monday to review the details of how t© set up this committee. Mr. Cutro expressed concern regarding bureaucracy. He advised that some time will need to be volunteered to help in the review or mediation proc- ess. He felt the City should leave mediations on the bigger projects to the Treasure Coast Regional Planning Council. C. Approve budget schedule of workshop meetings City Manager Miller advised the Commission will be receiving the proposed budget on July 17, 1992 and three budget workshop meetings are scheduled for July 27, July 28, and July 29, 1992. The public hearing will be scheduled after the Certificate of Value forms come out. Change Order No. 9 (Decrease) - Diversified Drilling Corporation for Test/Production Well Program Commissioner Harmening moved to approve Change Order No. 9. Commissioner Aguila seconded the motion which carried 5-0. - 32 - *should be ~rowth management MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 XI. CONSENT AGENDA A. Minutes Regular City Commission Meeting Minutes of March 17, 1992 Minutes of Joint City Commission and Employee Pension Board Meeting of March 19, 1992 Special City Commission Meeting Minutes of March 26, 19992 Be Bids - Recommend Approval - Ail expenditures are approved in the 1991-92 Adopted Budget Treatment of Well Precipitation - Production Wells: #6, 7, 8, 9, 15, 16, 17, 18, 19, 20, 21, 22 The Tabulation Committee recommends awarding the bid to Cent·ch Utility Corp. of Tampa, Florida, the best and most responsible bidder, in the amount of $166,800.00 for twelve wells to be restored per memo #92-122. Replacement of High Service Pump #1 - Motor & Valve, replacement of additional check valves on high service pumps #2 and #5, reinstallation of existing equipment - high service pump #5 and replacement of surface wash booster pump at the City East Water Treatment Plant The Tabulation Committee recommends awarding the bid to Chaz Equipment, Delray Beach, Florida, the best and most responsible bidder, in the amount of $73,000.00. Athletic & Recreation Equipment & Telescopic Seating for Ezell Hester Community Center The Tabulation Committee recommends awarding the bid to Diversified Designs of Delray Beach, Florida, the best and most responsible bidder, in the amount of $55,966.00. Annual supply of metal trash containers (various sizes from 2 cuft to 20 cu ft) for Public Works Per memo from Lana Koester, Assistant Purchasing Agent, request was made for approval of a one year renewal for the bid "Annual Supply of Metal Containers" with Hesco Sales, Inc. of Hialeah, Florida. - 33- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 Commissioner Aguila said the bid from Industrial Refuse was simi- lar and he was not sure the bid from Hesco Sales, Inc. was the best bid. City Manager Miller said he would check on this item and report back to the Commission at the next meeting. Ce Consider approval of request for transfer of cemetery lots 440A & B, Block N, Boynton Beach Memorial Park, Addn #1 Per Memorandum No. 92-052 from City Clerk Sue Kruse to City Manager Miller, Iva M. Shepherd requests permission to transfer cemetery Lots 440 A and B, Block N, Boynton Beach Memorial Park Addn #1, to Mary Ellen and John Marossy. Approve expenditure of funds for "Youth in Government Day" Per Agenda Memorandum No. 92-58, the Community Relations Board requested the City Commission to authorize the expenditure of approximately $250.00 for the cost of a small luncheon to be held at the Madsen Center on April 29, 1992. E. Approval of Bills Vice Mayor Matson asked for an explanation of the bill from Congress Community Middle School, in the amount of $4,000.00. Mr. Frederick advised that this is an annual agreement that the City has had for many years with the community schools for adult education programs at night. Commissioner Aguila asked for an explanation of the bill from Roberts & Reynolds, P. A., in the amount of $4,625.49. Attorney Cherof advised this is for a personal injury claim. Commissioner Aguila moved to approve the consent agenda with the exception of item B.4. Vice Mayor Matson seconded the motion which carried 5-0. XII. OTHER None. - 34 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1992 XIII. ADJOURNMENT There being no further business, the meeting properly adjourned at 11:30 P. M. THE CITY OF BOYNTON BEACH ATTEST: Cit~ Clerk - R~ecording Secreta'ry (Five Tapes) Mayor oner - 35 - 10. AGENDA April 7, 1992 XI. CONSENT AGENDA E cc: Finance, Rec Util, Admin ALLIANCE PUMP & MOTOR REPAIR, INC. Rewind and repair Fiygt Pump for Lift Station $413. Pay from Water & Sewer Rev---401-352-5-433-O0 ALLIED LIME Blanket P.O. 221 - Pebble Quick Lime for Water Plant. Pay from ~ater & Sewer Rev---401-332-5-365-00 BELVEDERE CONSTRUCTION CO. Blanket P.O. 161 - County Shelirock for Utilities. Pay from Util.Cap.improve.---404-000-0-690-!O BOARD OF COUNTY COMMISSIONERS Refund of overpayment of TIF taxes due to decrease in final valuation of CRA. Pay from Comm. Improve/CRA Fund---621-000-4-ill-30 BROOKS PRODUCTS, INC. !00 Meter Boxes for Water Distribution. Pay from Water & Sewer Rev---40i-333-5-387-00 "Bid $043-401-91" BROWARD TESTING LABORATORY, INC. P.O. 907 - Balance due for laboratory services of analysis of Wells 4, 5W and 6W. Pay from Util.Cap. Improve.---404-000-0-690-10 "Bid #029-401-91/VSMG" COLONIAL PRODUCTS, INC. Blanket P.O. 212 - Fertilizer for Parks Dept. Pay from General Fund---001-722-5-36i-00 CONGRESS COMMUNITY MIDDLE SCHOOL Annual ~ '~ - Co~...unl~y School Contract per agreement Pay from General Fund---001-721-5-499-00 DAVIS WATER & WASTE iNDUSTRiES, iNC. Blanket P.O. 230 - Scrubber Rental for Sewage Pumping. Pay from Water & Sewer Rev---40!-352-5-499-00 ERNST & YOUNG Professional services rendered in connection with Actuarial Reserve Review and Funding Study. Pay from Self insurance Fund---622-195-5-229-00 $ 1,665.73 10,086.14 7,564.16 4,262.00 1,950.00 1,850.00 1,336.00 4,000.00 3,750.00 10,879.00 COMMISSION APR 7 ).992 APPROVAL 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FLORIDA LEAGUE OF CITIES Premium for Special Events Policy for G.A.L.A. - $2,025.00; For A-3 Bonds - Position Bond - $4,126.00 Pay from Self Insurance Fund---622-195-5-449-00 $2,025.00 ............. 622-195-5-445-00 4,126.00 6,151.00 GEORGE HOMRICH LANDSCAPE & DESIGN, INC. 13 Washington Palms, 29 Firebush Plants, 33 Bouganvilla for Boynton Bch Corner Lots/Beautification Project. Pay from Community Improvement---621-136-5-630-14 "Best of 3 quotes" 3,667.00 HUGHES SUPPLY, INC. 6 Stainless Steel Tapping Sleeves for Utility Construction. Pay from W & S Util.Rev.Fund---42i-000-0-690-21 "Best of 3 quotes" 1,590.00 INSURANCE SERVICING & ADJUSTING COMPANY Worker's Comp. claims administration services 2/16/92 thru 3/16/92. Pay fro~ Self Insurance Fund---622-i95-5-_~7-00 1,920.00 MATRX MEDICAL INC. Blanket P.O. 92 - Emergency Medical Supplies for Fire Dept. Pay from General Fund---O01-221-5-371-O0 i,!37.50 MCCANN ASSOCIATES INC. 17 Lieutenant's exams and 60 Sergeant's exams for Personnel Dept. Pay from General Fund---001-135-5-395-00 3,539.75 MOTOROLA, INCo Blanket P.O. 250 - Quarterly billing - Service Agreement plus charges not included in agreement for Communications. Pay from General Fund---001-197-5-43!-O0 17,25i.49 MUNICIPAL WATER/WORKS SUPPLY i00 Tread Saddles needed to make taps on water pipe. Pay from Water & Sewer Rev---401-333-5-390-05 "Bid #043-401-9i-VSMG" 1,299.00 NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT Payment #9 ' National Pollutant Discharge Elimination System Permit application for Federal EPA. Pay from Storm Water Utiiities---425-O00-0-692-i0 3,550.00 PEROXIDATiON SYSTEMS INC. 10,116.85 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 COMMISSION APR ? 1992 APPROVAL 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. RAYSIDE TRUCK & TRAILER 4 Utility Bodies for Dodge 1/2 Ton Trucks - removal of existing body and installing new per bid specifications for Water Distribution. Pay from Water & Sewer Rev---401-333-5-642-00 Per bid #0!5-401-92/CJD, Commission approved 2/4/92 ROBERTS & REYNOLDS, P.A. Professional services rendered re: Harp vs. City of Boynton Beach thru 1/31/92. Pay from Self Insurance Fund---622-195-5-468-00 RYBOViCH SPENCER GROUP Blanket P.O. - Repair/Service for Auxiliary Equipment for Water Plant. Pay from Water & Sewer Rev---40i-332-5-433-00 SAV-ON UTILITY SUPPLIES, INC. Various stock items used to make water service connections for Water Distribution. Pay from Water & Sewer Rev---40i-333-5-357-00 SEALAND CONTRACTORS, INC. Payment #14 for Ezel! Hester Park Pay from Public Serv. Tax Constr.Fund---301-000-i-450-20 SOUTH FLORIDA WELDING INC. Blanket P.O. 711 - Repair & maintenance Commercial Containers for Sanitation Fund. Pay from Sanitation Fund---431-341-5-430-13 STANLEY CONSULTANTS, INC. Engineering/Construction Management Services for WWTP, Raw Water Mains 4W-iiW for period i/26/92 to 2/29/92. Pay from 1990 Constr. Fund---409-000-0-690-10 SUNSTATE METER & SUPPLY, INC. 600 Water Meters to replace old meters for Water Distrib. Pay from Water & Sewer Rev---401-333-5-357-00 "Piggyback City of Boca bid" THE NEWS Legal advertising for February, 1992. Pay from General Fund---001-!22-5-475-00 ........... 001-122-5-470-12 129.10 1,270.00 USG SOUTHEAST 15 Tapping Valves w/accessories for 2" Watermain Replace- ment for Utility Construction. Pay from W & S Util.Rev. Fund---42t-000-0-690-21 8,700.00 4,625.49 2,842.12 7,901.10 140,989.72 1,230.00 54,870.00 i7,i70.00 1,399.10 3,615.00 CO i¥iMiSSI APR 7 ]992 APPROVAL ON 31. 32. 33. 34. 35. 36. 38. 39. 40. 41. UNDERGROUND INDUSTRIES, INC. Blanket P.O. 87090 - Final payment and release of retainage for Raw Water Main from Wells 4W - IIW. Pay from 1990 Constr. Fund---409-O00-0-690-i0 Per bid 2/24/91, Commission approved 3/5/91 UNIJAX 15 cases Fold Towels, 20 cases Scott Jumbo Roll Towels and 10 cases Scott Tissue for Warehouse. Pay from Warehouse Fund---502-000-0-4i0-1i "Bid #032-502-91 VSMG" VANCE & DONEY, P.A. Professional services rendered re: Finizio vs. City of Boynton Beach from 1/31/92 thru 3/9/92. Pay from GeneralFund---00i-i4i-5-468-00~ ~ WHEELER FERTILIZER CO. 39,480 lbs. 15-5-15 Bulk Fertilizer for Golf Course. Pay from Golf Course---411-726-5-366-00 Bid item, Commission approved 2/24/92 CAMEO SOFTWARE SOLUTIONS, INC. Annual Software Maintenance from 3/1/92 to 2/28/93. Pay from General Fund---001-133-5-430-09 THE CENTER FOR FAMILY SERVICES Employee Assistance Program for April, 1992. Pay from General Fund---001-135-5-482-00 CH2M HiLL Task Order #SE - Professional engineering services for work in support of the Construction of the Membrane Softening West Water Treatment Plant from 10/25/91 thru 11/24/91. Pay from 1990 Constr. Fund---409-000-O-690-10 DICTAPHONE Communication Logging Recorder System- Equipment: ~ is ~er~ Florida State Contract #725-630-90-1 and cost is reimbursable from PBC E-911 surcharge fund per interiocal agreement. Pay from General Fund---001-197-5-672-00 DIVERSIFIED DRILLING CORPORATION Test/Production Well Program Payment #37 - Final payment for period 1/25/92 thru 2/29/92. Pay from Utii. Cap. Improve.---404-O00-O-690-10 GERAGHTY & MILLER, INC. Professional services for period ending 2/1/92 for New Well Construction Western Wellfield. Pay from Util.Cap. Improve.---404-000-0-690-10 36,229.68 1,623.05 1,318.10 5,290.32 5,700.00 1,408.35 11,411.40 Q ~,621.30 78,093.97 11,216.03 COMMISSION APR ? 1992 APPROVAL 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. EBSCO SUBSCRIPTION SERVICES Renewal Subscription Magazine Summaries for i year - funds donated 5y Library Quilters with Quilt Show Money. Pay from General Fund---001-O00-1-470-03 1,599.00 MARTIN'S LAMAR Uniforms for Warehouse. Pay from Warehouse Fund---502-000-0-410-i3 i,972.20 P & ~ TRUCKING Demolition & clearing of 4 structures - P.O. #1295. Pay from Community Improve.---621-!96-5-499-02 Bid #045-243-91, Commission approved 7/2/91 5,840.00 QUADRANT SYSTEMS, INC. Partial payment P.O. 439 - 2 Caere OCR Scanners for Ut4]~ty Billing. --- Pay from Water & Sewer Rev---40i-393-5-670-02 Commission approved 10/1/9! 4,014.00 SAV-ON UTILITY SUPPLIES, INC. Various size American Made Brass l~ipples for Water Distrb. Pay from Water & Sewer Rev---401-333-5-387-00 1,221.75 SOUTHPORT DREDGING, INC. Blanket P.O. 1506 - Sanitary Landfill Grading and Drainage System Pay Est. #1. Pay from Sanitation Fund---43i-341-5-490-06 Commission approved 12/17/92 38,973.60 TARE LAWN MAINTENANCE Blanket P.O. 68 - Landscape Maintenance Services. Pay from General Fund---001-722-5-430-!5 4,000.00 UNITED STATES PIPE AND FOUNDRY COMPANY 2" Water Main Replacement Sect. #ii. Pay from W & S Util.Rev. Fund---421-000-0-690-21 "Bid 043-40i-91 VSMG" 2,450.98 WINGFOOT INTERNATIONAL !1,000 Plastic Library Cards. Pay from General Fund---001-711-5-317-00 .... ' ...... 001-000-1-470-03 "Best of 3 quotes" $1,033.75 1,033.75 2,067.50 XEROX CORPORATION Blanket P.O. 799 - Copier 1st Floor for City Hall/General Administration - monthly payment. Pay from General Fund---001-194-5-422-00 "Dade Schoolboard Bid #~9-M-2, Commission approved 12/17/91" 2,057.!2 COMMISSION APR 7 1992 APPROVAL These bills have been approved and verified by the department heads involved, checked and approved for payment. Grady '~ Fi~nance Director I therefore recommend payment of these bills. Scott Mizler, City Manager COMMISSION APR ? ]992 APPROVAL