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Minutes 02-18-92MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 18, 1992 AT 7:00 P.M. PRESENT Edward Harmening, Vice Mayor Jose Aguila, Commissioner Lillian Artis, Commissioner Lynne Matson, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk ABSENT Arline Weiner, Mayor CALL TO ORDER, MOMENT OF SILENT PRAYER, PLEDGE OF ALLEGIANCE Vice Mayor Harmening called the meeting to order at 7:08 p.m. Vice Mayor Harmening announced Mayor Weiner's absence due to the hospitalization of her husband. After a moment of silent prayer, he led the Pledge of Allegiance to the Flag. AGENDA APPROVAL There being no additions, deletions or corrections to the agenda, Vice Mayor Harmening stated the agenda would stand as presented. AN~NOUNCEMENTS 1. Proclamations a. American Leqion PoDDY Days - February 21 & 22, 1992 Vice MayOr Harmening read the Proclamation regarding American Legion Poppy Days in its entirety. PRESENTATIONS None BIDS Boynton Beach Municipal Golf Course Greens Renovation - Consideration of awarding bid City Manager Miller said seven (7) bids had been received for the renovation of the eighteen (18) putting greens of the Champion- ship Course, the practice putting green and the chipping green. Motion Commissioner Aguila moved to approve the award of bid to Quality Grassing Service in the amount of $539,684.29. Commissioner Matson seconded the motion which carried 4-0. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1992 PUBLIC HEARING Agent: Owner: Location: Project Name: Cedar Grove PUD Continued to Planning & Zoning Board Mtg. of $/10/92 Julian Bryan Cedar Grove Investments, N.V. East side of South Seacrest Boulevard, approximately 100 feet south of SE 31st Avenue (South Seacrest Scrub Site) Description: 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 allgw for the construction of 234 dwelling units, comprised of single family dwellings and duplexes. Commissioner Aguila attended the Planning and Zoning Board meeting when this application was tabled. Since it has been tabled numerous times, Commissioner Aguila suggested the applica- tion be removed from the agenda until the applicant has complied with everything necessary. Mr. Cherof had no problem with removing this item. Motion Commissioner Aguila moved to remove this item from the agenda until they are ready to proceed. Commissioner Matson seconded the motion which carried 4-0. PUBLIC AUDIENCE wilda Searcy of 402 NE 13th Avenue, discussed the problems facing POinciana School. A group has been formed to attend the School Board meeting on Thursday, February 20th. The group will meet at POinciana School at 5:00 p.m. and motorcade to the meeting. Fliorence McCray is in charge of this program. Ms. Searcy further advised the Board that she will be contaCting Mr. Tony Battle in Miami tomorrow regarding what the State can do with regard to busing and housing. M~ry McCoy of ?24 N. Federal Highway (McCoy's Used Cars, Inc.), adldressed the Commission on curbstoning. In discussions with SCott Blasie, Ms. McCoy was advised that there are no laws on the books in Boynton Beach to stop any individual from putting large numbers of cars with "for sale" signs on any corner in the City. She provided photos of this practice as it appears in the City. She pointed out that these people do not have licenses. She does not believe that the citizens should be restricted from selling a personal car at their homes, but is opposed to the sale of these cars on the corners of public streets. She requested an Ordinance to stop curbstoning. BOYNTON BF.J~CH, FLORIDA FEBRUARY 18, 1992 Bob Borovv, Past Commander of American 5eqion Post 164 and Past Commander of the llth District, thanked the City of Boynton for the Proclamation regarding Poppy Days and for the help given to service organizations throughout the City. He reported that the Veterans Council visited the VA Hospital and distributed 400 bags containing personal care products. The recipients were very appreciative. 800 cookies were distributed to the veterans and they enjoyed a band concert. The Chairman of American Legion Auxiliary, Post 164, presented each of the Commissioners with a Poppy· DEVELOPMENT PLANS CONSENT AGENDA - Unanimously approved by Planning and Zoning Board None NON-CONSENT ~GENDA - Not unanimously approved by Planning and Zoning Board None C, OTHER Boynton NUrseries PUD - Request for a one-yeartime extension to file preliminary plat Chris Cutro explained that Boynton Nurseries is experiencing the same economic difficulties as many of the other developers during these times. This is a single-family development of eighty-five (85) acres. There will be 400 duplex and single-family units. It was originally approved on September 5, 1990 and had eighteen (18) months to file the preliminary plat. The Concurrency Review Board met and recommended approval of the concurrency extension. The Planning & Zoning Board also recommended approval of the con- currency extension. Motion Commissioner Aguila moved to approve the extension to March 5, 1993. Commissioner Matson seconded the motion which carried 4-0. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1992 LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No, 092-¢ Re: Permit- ting the expansion of non-conforming struc- tures in the Central Business District Attorney Cherof read Proposed Ordinance No. 092-4 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PERMITTING THE EXPANSION OF NON-CONFORMING STRUCTURES IN THE CENTRAL BUSINESS DISTRICT OF THE CITY; PROVIDING FOR CONDITIONS AND LIMITATIONS ON EXPANSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Commissioner Aguila questioned Page 2, D2. He requested this be changed to read "...which would permit the interior gross floor area of a non-conforming structure...". Mr. Cherof asked that this request be included as an amendment. Craig Livingston, of 323 N. Federal Highway, is in favor of this Ordinance and questioned Page 4, "D". He was advised the footage is 1,000' and was advised of a change on Page 3, G.i. Motion Commissioner Matson moved the approval of Ordinance No. 092-4 on second reading with the amendment stipulated. Commissioner Artis seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 4-0. B. Ordinances - 1st Reading: Proposed Ordinance No, 092-$ Re: Amend Alarm Ordinance to provide for a ten (10) day notice of violation and to designate the Police Chief and the Finance Director as specific department heads involved Attorney Cherof read Proposed Ordinance No. 092-5 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE BURGLAR AND FIRE ALARM ORDINANCE, CHAPTER 2.5 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH TO PROVIDE A NOTICE OF VIOLATION PRIOR TO THE IMPOSITION OF A FINE; PROVIDING FOR INITIATION OF MInUTeS - ci x com ss °" BOYNTON BEACH, FLORIDA FEBRUARY 18, 1992 ENFORCEMENT ACTION BY THE BUILDING OFFICIAL, THE POLICE CHIEF OR THEIR DESIGNEES; PROVIDING FOR NOTIFICATION OF PAST DUE VIOLATIONS BY THE CITY; PROVIDING FOR CONFLICTS, SEVERABIL- ITY, AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Matson moved to approve Ordinance No. 092-5 on first reading. Commissioner Artis seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 4-0. Proposed Ordinance No, 092-6 Re: Amending the regulations governing service stations/ convenience stores by establishing develop- ment standards that would control the loca- tion and design of these public establish- ments Attorney Cherof read PrOPosed Ordinance No. 092-6 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES APPENDIX A SECTION llL TO ESTABLISH DEVELOPMENT STANDARDS FOR COMMERCIAL ESTABLISHMENTS ENGAGED IN THE SALE OF GASOLINE; PROVIDING FOR DEVELOPMENT STANDARDS TO REGULATE LOCATION, MINIMUM PLOT SIZE, MINIMUM STREET FRONTAGE, SETBACKS, AND BUFFERS, PROVIDING FOR DESIGN CRITERIA; PROVIDING FOR DESIGNATION OF SUCH COMMERCIAL ESTABLISHMENTS AS CONDITIONAL USES REQUIRING CONDITIONAL USE APPROVAL; PROVIDING FOR MINIMUM DISTANCE REQUIREMENTS FROM RESIDENTIAL STRUCTURES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Mr. Cutro explained that he and City Manager Miller inspected one site at the corner of Boynton Beach Boulevard and Congress Avenue. Three things were observed; 1) the noise generated by the establishment; 2) the light; and 3) the noise from the traf- fic. No noise was discovered from traffic entering or exiting the establishment. They went as far back as possible on the site to determine other noise on the site. This other noise could have been generated from the air pump and the vacuum cleaner. The sounds began to vanish at 125'. Also inspected were sites at NW 22nd Avenue and Congress Avenue, and Woolbright Road and Congress Avenue. It was determined that 150' would be sufficient distance separation. With regard to explosions, the Fire Chief was requested to investigate. He reported there has been no explosion of a tank in the last twenty years. Mr. Cutro does not feel there is a MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1992 problem with the possibility of tank explosion at any of these sites. Commissioner Matson explained that she would prefer the distance of 200' from a residential structure. Consensus There was consensus from the Commission that the distance from a residential structure be changed to 200'. Commissioner Aguila questioned the 6' buffer wall adjacent to commercial property. Mr. Cutro explained that he feels a vegeta- tive buffer should be acceptable in this case, but a 6' wall should be a requirement for residential. Mr. Miller pointed out that people cut through the landscaping and it is destroyed. A wall will last much longer. Vice Mayor Harmening and Commissioner Aguila did not agree that a wall is necessary. vice Mayor Harmening feels that perhaps a 2~' wall plus a vegeta- tive buffer would be valuable. Commissioner Matson agreed. Mr. Cutro will review this with Attorney Cherof. Motion Commissioner Aguila moved to eliminate the buffer wall adjacent to the service facilities. Commissioner Artis seconded the motion which carried 4-0. Motion Commissioner Aguila moved to approve Ordinance No. 092-6 with the amendments stipulated. Commissioner Artis seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 4-0. C. Resolutions: Proposed Resolution No, R92-26 Re: Author- izing an interim funding agreement for the Stormwater Management Program Attorney Cherof read Proposed Resolution No. R92-26 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A LOAN BETWEEN FUNDS IN CONNEC- TION WITH THE STORMWATER MANAGEMENT PROGRAM; PROVIDING FOR INTEREST RATE, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. MINUTES - REGULA~ CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1992 Motion Commissioner Matson moved the approval of Resolution No. R92-26 which was seconded by Commissioner Aguila. The motion carried 4-0. Proposed Resolution No. R92-27 Re: Au- thorizing Interlocal Agreement between the Board of County Commissioners of Palm Beach County, Florida and the City of Boynton Beach for the enhancement and maintenance of E9-1-1 emergency telephone system Attorney Cherof read Proposed Resolution No. R92-27 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 BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA AND THE CITY OF BOYNTON BEACH FOR THE ENHANCEMENT AND MAINTENANCE OF THE E911 EMERGENCY TELEPHONE SYSTEM; A COPY OF SAID AGREEMENT IS ATTACHED HERETO; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Aguila moved the approval of Resolution No. R92-27 which was seconded by Commissioner Matson. The motion carried 4-0. Proposed Resolution No, R92-28 Re: Reduc- tion of Performance Bond for San Francisco Puffs & Stuff, Inc. Concessionaires at the Municipal Golf Course Attorney Cherof read Proposed Resolution No. R92-28 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING RELEASE OF THE LETTER OF CREDIT FROM SAN FRANCISCO PUFFS & STUFF FOR THE CONCESSION AT THE GOLF COURSE IN THE AMOUNT OF $20,000.00 AND SIMULTANEOUSLY ACCEPTING A CASH BOND IN THE AMOUNT OF $4,000.00. Motion Commissioner Aguila moved the approval of Resolution No. R92-28 which was seconded by Commissioner Artis. The motion carried 4-0. 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1992 Proposed Resolution No. R92-29 Re: Au- thorize execution of a maintenance agree- ment with AppleCare through Inacomp Computer Centers for the Apple Computer in the Police Department Attorney Cherof read Proposed Resolution No. R92-29 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK TO EXECUTE A SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND APPLECARE, THROUGH INACOMP COMPUTER CENTERS; SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Attorney Cherof advised that if this Resolution is approved, there should be an amendment to the contract to have the agreement governed by Florida rather than California law. Motion Commissioner Artis moved the approval of Resolution R92-29 with an amendment that the contract be adjudicated under Florida law rather than California law and the venue will be Palm Beach County. Commissioner Aguila seconded the motion which carried 4-0. Proposed Resolution No. R92-30 Re: Au- thorize execution of an agreement with Ardaman & Associates, InC. to perform Soils Engineering Services in conjunction with the City's Infill Housing Program Attorney Cherof read Proposed Resolution No. R92-30 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 AGREEMENT WITH ARDAMAN & ASSOCIATES, INC., TO PERFORM SOILS ENGINEERING SERVICES ON CITY-OWNED VACANT LOTS IN CONJUNCTION WITH THE CITY'S INFILL PROGRAM; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Commissioner Aguila questioned if this project is on schedule and Vice Mayor Harmening wondered if the density tests would include only the slab or would it include the footing. Mr. Hawkins explained that both the slab and footing would be included. He further reported that progress has been made on this project. These tests are necessary in order to pull the permits. The City 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1992 is in the final stages prior to seeking bids for a contractor. There are currently eight people who have been qualified by Barnett Bank. Wilda Searcy stated this program will be advertised in the Post. Motion Commissioner Matson moved the approval of Resolution No. R92-30 which was seconded by Commissioner Aguila. The motion carried 4-0. Proposed Resolution No, R92-31 Re: Author- ize renewal of contract for "sale and remo- val of lime sludge" between Hardrives, Inc. of Delray Beach, Florida and the City of Boynton Beach Attorney Cherof read Proposed Resolution No. R92-31 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 RENEWAL SERVICE CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND HARDRIVES, INC., OF DELRAY BEACH, FOR THE SALE AND REMOVAL OF LIME SLUDGE FROM THE EAST WATER TREATMENT PLANT; A COPY OF SAID CONTRACT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Matson moved the approval of Resolution No. R92-31 which was seconded by Commissioner Artis. Vice Mayor Harmening stated that the City was very fortunate to have a purchaser for this rather than for the City to have to pay to haul this sludge away. The motion carried 4-0. 7. Proposed Resolution No, R92-$2 Re: Ocean- front Park storm damage repairs (boardwalk) Attorney Cherof read Proposed Resolution No. R92-32 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 B.K. MARINE CONSTRUCTION, INC. FOR DUNE RESTORATION AND OVERWALK CONSTRUCTION AT THE CITY OF BOYNTON BEACH OCEANFRONT PARK; AND PROVIDING AN EFFECTIVE DATE. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1992 Vice Mayor Harmening asked about the contractors who submitted bids. Mr. Yeend, of Gee and Jenson, stated that five contractors were invited to bid, but only three responded. Commissioner Aguila asked for an explanation of the tabulation sheet. He wondered why zeros appeared in some of the columns. Mr. Frederick reported that he spoke with B. K. Construction and all of the work was "lumped" into the top three numbers. The bottom line figure of $19,238.00 includes all of the work. Motion Commissioner Aguila moved the approval of Resolution R92-32 which was seconded by Commissioner Matson. The motion carried 4-0. Proposed Resolution No. R92-33 Re: Land- fill closure agreement between the City and Post, Buckley, Schuh & Jernigan Attorney Cherof read Proposed Resolution No. R92-33 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 LETTER OF AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND POST, BUCKLEY, SCHUH AND JERNIGAN, INC.; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Aguila moved the approval of Resolution No. R92-33 which was seconded by Commissioner Artis. The motion carried 4-0. Proposed Resolution No, R92-34 Re: Sup- porting and/or opposing various proposed legislative bills (1992 Legislative Session) Attorney Cherof read Proposed Resolution No. R92-34 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, EXPRESSING SUPPORT AND/OR OPPOSITION TO SEVERAL PROPOSED BILLS BEING CONSIDERED FOR ENACTMENT BY THE FLORIDA LEGISLATURE DURING THE 1992 SESSION; FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. City Manager Miller advised that he now has the updated bulletin from Tallahassee and suggested adding the following items to this Resolution: 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1992 Show SuDDort for: CSSB 2162 which provides revenue options including assessments and municipal revenue sharing. This is being supported by the Florida League of Cities. Show Opposition for: PCBCO 9203 and Senate Bill 340. This is a significant revision of the Workers Compensation Statute. These bills will include limitations, reporting requirements, fees and penalties on self-insured programs, additional benefits for fire volunteers, and firefighters would get 100% of salary if injured in response to an emergency, etc. This will cost the cities many dollars. HB 1623 and SB 1224 would replace the current system for the resolution of collective bargaining impasses with binding arbitration. Motion Commissioner Aguila moved the approval of Resolution No. R92-34 as amended. Commissioner Artis seconded the motion which carried 4-0° 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 this item to remain on table until after the joint Commission/Chamber Workshop) It was announced that this item will remain on the table until after the joint Commission/Chamber Workshop. Status report regarding County Referendum Lawsuit - Request for an expenditure of funds Attorney Cherof reported that the lawsuit was filed against the County. Mr. Cherof wrote to the attorneys at Jones, Foster advising them that the City would not want to participate in a lawsuit for an unknown amount of money. As of today, there has been no formal response; howeVer, Mr. Cherof was informed that that the method of distribution of costs is continuing to be discussed. Attorney Cherof advised the Commission to express a limit of thelamount the City wishes to spend in support of this litigation. 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1992 Co~missioner Matson moved to table this item until the next meeting in order to get Mayor Weiner's opinion. Commissioner Aguila seconded the motion which carried 4-0. OLD BUSINESS Boat Club Park Channel Dredging - Authorization to use 10-acre Intracoastal site for deposit of dredge material and authorization to contract the service of C,Z,R,, Inc, to perform macrobenthic invertebrate survey Vice Mayor Harmening feels that before this is given away, the City should review its own situation with the possibility of stockpiling it for future use. Mr. Yeend stated that timing is important because when it is removed, it will be necessary to store it somewhere. Motion Commissioner Aguila moved to authorize the use of the 10 acre park site for deposit of dredge material and authorize the contracting service to C.Z.R., Inc., to perform macrobenthic invertebrate survey in an amount not to exceed $1,600. Commissioner Artis seconded the motion which carried 4-0. NEW BUSINESS Forwarding of a request by several City crime watch groups for a citywide Juvenile curfew ordinance Debra Martin, President of the Boynton Terrace Tenants' Association, addressed the Commission with desires for a citywide juvenile curfew Ordinance. She reported that the children are vandalizing the area and painting graffiti on the walls. She feels the curfew is necessary to stop some of the vandalism. In her opinion, those 17 years of age and under should be off the streets by 11:00 p.m. or they should be supervised by an adult or guardian. At 18 years of age, a person is an adult and no curfew would apply. Commissioner Artis wondered if the 11:00 p.m. curfew would allow time for those working at fast-food restaurants to get home. Ms. Martin stated the 11:00 p.m. curfew would allow the children time to get home from working or from school events. Vice Mayor Harmening sees a problem for law enforcement. MS. Martin feels the curfew would help to control the children and provide better supervision. It would help decrease the crime rate. 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1992 Debra Moore, who lives at Boynton Terrace, feels this Ordinance is necessary for the entire community. She spoke about twelve year olds painting graffiti on walls in the community. Parents are unaware of where their children are. She believes the cur- few will help control crime by getting them off the streets. Clark Hall, of Palm Beach Leisureville, has worked with the Crime Watch for fifteen years. In speaking with Leisureville resi- dents, 98% of those interviewed are in favor of a curfew. He presented the Commission with a petition containing 145 names supporting the curfew. Charles Robinson, of 1691 NW 1st Court, stated other cities have curfews. In his opinion, the parents should be made accountable for the whereabouts of their children. It is not fair to expect the law to do that job. He feels the first time a juvenile is stopped by the Police, the child should be brought to the Police station where the parent can pick up the child. On the second occurrence, the parent should pay a fine. This will encourage the parents to take an interest in where their children are. He stated it is time to do something and requested the Commission's consideration of this curfew. Vice Mayor Harmening assured Mr. Robinson that the Commission will consider this item. Barbara Cox, of 205 NE 3rd Street, said that Riviera Beach no longer has the corner on drive-by shootings. It is now happening in Boynton Beach. This curfew is needed for the safety of the children and adults of the City. Commissioner Matson discussed the Dallas Ordinance and would favor an Ordinance similar to it. She stated that the people need to take back the streets. Bob Huqhes, of 200 Pine Point Drive, stated that eight to ten cars have been stolen in the last three or four years in his neighborhood. There have been break-ins and purse snatchings in the area. He suggested that when the children are caught doing something wrong, they should be given community service to keep them off the streets. He further suggested the parents pay for the childrens' crimes. Commissioner Artis is 100% behind an Ordinance that would provide a curfew for children under 17 years of age. She is concerned that the Ordinance take into account the fact that some of the children work and must be given an opportunity to get home. Wilda Searcy stated there was a curfew here in 1982 and suggested the curfew be brought back. 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1992 Officer Lanier was present to represent the citizens of Boynton Beach. He feels a Police Officer would handle this situation just as they handle any other situation. At the present time, the Officer makes phone calls to check out the situation. The Officer would do the same, checking where they have been and where they are going, and attempting to contact the parents. Commissioner Artis pointed out that all the schools provide iden- tification badges to each child as do the fast-food restaurants. Commissioner Aguila is in favor of this Ordinance. He questioned whether this Ordinance is enforceable. Officer Lanier feels the Ordinance would be enforced by the Police Department. Such an Ordinance will be successful if it only solves even a part of the problem. Officer Lanier reported that in 1990, 399 juveniles were arrested. In 1991, there were 481 juvenile arrests. Additionally, in 1990, 259 children were victimized. Commissioner Aguila suggested combining the four sample ordinan- ces into one and then working through each issue. Vice Mayor Harmening suggested instructing Attorney Cherof to prepare two similar Ordinances incorporating different provisions and then amend it on first reading. It was agreed that the Attorney should prepare two Ordinances for review by the Commission. CITY MANAGER'S REPORT: ae Update on February 11, 1992 meeting between FDOT District 4 Secretary and the City Manager on several transporta- tion issues City Manager Miller met with Mr. Rick Chesser, District Secretary, FDOT District 4, regarding transportation issues. discussed: He The Median Construction/Landscaping on Boynton Beach Boulevard. He stated the designs need to be more speci- fic and the engineers have been so instructed. The Boynton Beach Boulevard/West Industrial Intersection study will be continued by FDOT through its Traffic Operations Division. The study will include the City Engineering Department's options suggested in Memorandum No. 92-019. Vice Mayor Harmening stated that they should be aware that the City does not want the median closed so that there can be no left turn movements. The bridge alignment over the Intracoastal Waterway - The FDOT met informally with FDER and FDER admitted they will probably not permit a bridge on the alignment of Boynton Beach Boulevard because of seagrass and mangroves. FDOT will request an official meeting with FDER. Study is continuing by FDOT. 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1992 Landscape Median Project - North Federal Highway - Mr. Miller asked FDOT to allow the City to landscape the islands, or portion of islands, where the drainage problems do not exist. FDOT was receptive and will respond to Mr. Miller's request. ADMINISTRATIVE: Appointment to be Made Reg/ Board Alt Weiner Aguila Harmening Matson Aguila Aguila Cemetery Board Alt Civil Service Board Alt Community Relations Bd. Alt Golf Advisory Committee City Alt Rec & Parks Board Reg Planning & Zoning Board Alt Length of Term Expiration Date Term expires 4/92 TABLED Term expires 4/93 TABLED Term expires 4/92 TABLED Term expires 6/96 TABLED Term expires 4/94 Term expires 4/93 Mayor Weiner's appointment to the Cemetery Board will remain on the table. Motion Commissioner Aguila moved to remove from the table the appoint- ment to the Civil Service Board. Commissioner Matson seconded the motion which carried 4-0. Commissioner Aguila appointed Frances Witt to the Civil Service Board. There was no objection to the appointment. vice Mayor Harmening requested the appointment to the Community Relations Board remain on the table. Commissioner Matson requested the appointment to the Golf Advisory Committee remain on the table. Commissioner Aguila reported that the reason for the appointment to the Recreation & Parks Board was due to the fact that Mikel Lynch-Jones missed meetings because he was out of town. He has been reassigned to this area and does not anticipate missing future meetings. He requested reassignment to the Board and because of his qualification, Commissioner Aguila reappointed him to the Board. There was no objection. Commissioner Aguila requested the appointment to the Planning and zoning Board be tabled at this time. 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1992 Forwarding of water and sewer non-collectibles for the period of October 1, 1990 through September 30, 1991 to the collection agency vice Mayor Harmening thought there might be some collectible items on the list. He questioned approximately five cases listed where the amount of money was over $1,000. He wondered why they got that large. Diane Re.se explained that most of the busi- nesses on the list went out of business or into bankruptcy and therefore are uncollectible. Ms. Re,se explained that some of the businesses generated a monthly bill of approximately $500 to $600. These non-collectibles will be referred to a collection agency on a quarterly basis in the future. Ms. Re,se further reported that the City has been more aggressive in turning off service. Discuss an incentive policy (an early completion reward) on the proposed utility construction project - Process Improvements for the East Water Treatment Plant Bob Kenyon reported that this will go to bid in March. The pro- ject must be completed by early March of 1993. Water demand increases by the third week of March. The project will include a reward clause as well as a penalty clause to encourage the contractor to finish in a timely fashion. Mr. Welch, Project Manager for CH2M Hill, presented the schedule for this project. MOtion Commissioner Matson moved to approve the East Water Treatment Plant early completion reward. Commissioner Artis seconded the motion which carried 4-0. Consider request from Joe Delaney to remove shed from recycling area at Utilities Complex at no cost to the City Mr. Miller reported that Mr. Detaney is proposing to remove his shed which was donated in 1981. The removal will be at his expense. Olivia McLean Cox interjected that insurance coverage must be provided. Motion COmmissioner Aguila moved to allow Mr. Delaney to remove his shed. Commissioner Matson seconded the motion which carried 4-0. Consider request to purchase piping supplies from various vendors for the Aquifer Storage and Recovery project vice Mayor Harmening explained this is a request to waive the normal purchasing requirements. Under Section 2.56-1(c), the 16 MIh~TES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1992 City Manager must certify this is an emergency situation. Manager Miller did indeed certify this situation to be an emergency. City Motion Commissioner Aguila moved to approve the request to purchase piping supplies from various vendors for the Aquifer Storage and Recovery project and waive the bidding requirement. Commissioner Matson seconded the motion which carried 4-0. Ezell Hester Park Change Orders %24, 25, 26 for electri- cal and lighting changes, for work required to revise the security lighting system at the ball field, and for work required to revise the switching for the field lights Commissioner Aguila expressed his hope that these change orders will be included with the list of others to be discussed with the architect at the conclusion of the project. Motion Commissioner Aguila moved to approve Change Orders #24, 25 and 26 which was seconded by Commissioner Artis. The motion carried 4-0. Funding authorization for equipment and furniture for Ezell Hester Park and Center Mr. Frederick reported that this site requires $171,497 worth of equipment and furniture. Currently, there is $73,000 in the construction account. That leaves a balance of $98,497. Funding can be arranged through the Capital Improvement Fund since there is currently a balance of $1,007,179 in that account. All equip- ment purchased will be of strong, commercial grade. Motion Commissioner Aguila moved to grant funding authorization for equipment and furniture for Ezell Hester Park and Center as sub- mitted in the total amount of $171,497. ($98,497 will be expended from the CIP account.) Commissioner Artis seconded the motion which carried 4-0. Authorize the partial funding for a traffic signal at the intersection of Woolbright Road and SW 8th Avenue/ Corporate Drive vice Mayor Harmening reported there is full funding for this traffic signal at this time. 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY lB, 1999. Motion Commissioner Aguila moved to authorize the installation of the traffic signal at SW 8th Avenue and Woolbright Road as soon as possible. Commissioner Artis seconded the motion which carried 4-0. CONSENT AGENDA A. Minutes: 1. Special City Commission Meeting Minutes of January 30, 1992 2. Regular City Commission Meeting Minutes of February 4, 1992 3. Special City Commission Meeting Minutes of February 11, 1992 Bids - Recommend Approval - All expenditures are approved in the 1991-92 Adopted Budget None Ce Consider renewal of annual supply of precast, reinforced concrete sanitary manholes, frames, and covers Purchasing requested the approval of a one-year renewal for the bid "ANNUAL SUPPLY OF PRECAST REINFORCED CONCRETE SANITARY MANHOLES, FRAMES, COVERS" as specified in Lana Koester's memoran- dum to City Manager Miller dated February 5, 1992. D. Consider renewal of liquid anionic flocculant As per Lana Koester's memorandum to City Manager Miller dated February 5, 1992, the Purchasing Department has requested the approval of a one-year renewal for the bid "ANNUAL SUPPLY OF LIQUID ANIONIC FLOCCULANT". E. Consider renewal of menhole rehebilitetlon The Purchasing Department has requested the approval of a one- year renewal for the bid "MANHOLE REHABILITATION" as specified in Lana Koester's memorandum to City Manager Miller dated February 5, 1992. 18 ,] MINUTES- REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1992 Consider request for refunds on Cemetery lot 400 A, Block N for Marie C, Peacock and refund on Cemetery Lot 405 A, Block N for Elizabeth H, Frick In accordance with City Clerk Sue Kruse's Memorandum No. 92-023 to City Manager Miller dated 2/7/92, Marie C. Peacock has requested a refund on Cemetery Lot 400 A, Block N and Elizabeth H. Frick has requested a refund on Cemetery Lot 405 A, Block N, Boynton Beach Memorial Park Addn. #1. G. Approval Records Destruction Request - Police Department In accordance with Lt. William Galbraith's Memorandum #92-027 to City Manager Miller dated~2/ll/92, the Police Department has sub- mitted Records Destruction Requests which have been approved by the Florida Bureau of Archives and Records Management. H. Approval of Bills Commissioner Aguila questioned Wilfred Hawkins with regard to Item #21. He wondered if Middlebrooks drawings were completed and ready for permitting. Mr. Hawkins stated he is completed. Vice Mayor Harmening questioned Item #20. Carrie Parker explained this is the City's easement and the only access into the site. Vice Mayor Harmening also questioned whether the partial payment for the telephone system is monthly or quarterly. According to Diane Reese, it appears to be paid on a quarterly basis. In response to Vice Mayor Harmening's question, City Manager Miller responded that Allied Printing is in Birmingham, Alabama. A copy of these bills is on file in the City Clerk's Office with the original copy of these minutes. I. Payment of Bills - January, 1992 A copy of these bills is on file in the City Clerk's Office with the original copy of these minutes. Je Recommendation to dispose of VehiCle %97 (1986 front end loader) through a trade-in allowance for a new refuse truck As specified in Carel Fisher's memorandum to City Manager Miller dated February 13, 1992, Public Works staff recommends accepting a trade-in allowance of $6,000 from Southland Equipment Corporation for Vehicle #97. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1992 Authorization to transfer surplus equipment (armored truck and utility trailer) to the Palm Beach County Sheriff's Office As outlined in Deputy Chief T. M. Dettman's memOrandum to Police Chief Hillery dated February 13, 1992, authorization is sought to transfer the surplus equipment to the Palm Beach County Sheriff's Office. L. Receive and file department activity reports Motion Commissioner Aguila moved to accept the Consent Agenda. Commissioner Artis seconded the motion which carried 4-0. OTHER None ADJOURNMENT There being no further business, the meeting properly adjourned at 9:16 p.m. THE CITY OF BOYNTON BEACH ATTEST: Cit~ -Clerk ' -- g Secretary (Two Tapes) Commissioner 20 XI. CONSENT AGENDA cc: Finance, Administration Recreation, Utilities AGENDA February 18, 1992 ALLIED LIME Blanket P.O. 221 - Pebble Quick Lime for Water Plant. Pay from Water & Sewer Rev---401-332-5-365-00 8,014.10 BROOKS PRODUCTS, INC. 300 Concrete Lids w/steel flap and 50 Concrete Boxes for Water Distribution. Pay from Water & Sewer Rev---401-333-5-387-00 THE CENTER FOR FAMILY SERVICES Employee Assistance Program for January & February. Pay from General Fund---001-135-5-482-00 COMPUTER EXPRESS/MICROAGE Partial payment P.O. 438 - 1 IBM PS/2 Laptop and accessories for Police Dept. Pay from Misc. Trust Fund---691-O00-1-691-20 COMPUADD COMPUTER CORP. 3 Computers and accessories for Recreation and Parks Dept. Pay from General Fund---001-722-5-670-02 $2,346.20 ' .... ' " 001-721-5-670-02 3,362.80 "P.B. County School Board Contract #SB-90C-219L" 3,262.50 2,816.70 3,482.85 5,709.00 CONSOLIDATED ELECTRIC SUPPLY Light for pipe galley and Motor Control Center 1 and Motor Control Center 2 area.(East area of Plant - replace 1963 fixtures for Water Plant. Pay from Water & Sewer Rev---401-322-5-434-O0 DAVIS WATER & WASTE INDUSTRIES, INC. Blanket P.O. 230 - Scrubber Rental for Sewage Pumping. Pay from Water & Sewer Rev---401-352-5-499-00 1,367.64 3,750.00 DAVIS HAMILTON JACKSON & ASSOCIATES Management Fees for period 10/1/91 thru 12/31/91 for Police Pension Fund. Pay from Police Pension Fund---612-138-5-468-00 DIVERSIFIED DRILLING CORP. Test/Production Well Program Payment #36. Pay from Utility Cap. Improve.---404-000-O-690-!O 6,445.03 11,462o18 COMMISSION FEB 18 1992 APPROVAL RECEIVED FEB 19 1002 CITY MANAGER,S OFFICE i 0, ERNST & YOUNG Professional services render'ed in connection with the audit ,of the City's 9/30/9I financial statements - 3r'd billing. Pay from var'ious funds. 30,000300 FLORIDA EAST COAST RAILWAY CO, Billing for' S,E, 23r'd. Ave. r'epair's7 Bob's Bar'nicades and AOB Under'gr'ound. Pay fr'om Loca] Option Gas Tax Fund---10h-~11-5-630-14 FLORIDA UNEMPLOYMENT COMPENSATION FUND Unemployment benefits for' quarter' ending I2/31/91. Pay fr'om Garter'al Fund 001-194-5-132-00 $5,397,46 '~ '~ Community Impr'ove,- .... 621-198-5-132-00 n " Water' & Sewer' Rev.----~01-395-5-132-O0 738.81 13, GEE & JENSCf4, ENGINEERS, ARCHITECTS, PLANNERS7 INC. Professional sar'vices r'e: City Engineer' Retainer' Meetin.~ Attendance for' period ending 12/27/9I - $2,040,00~ Var'ious Task Pr'o.~ects - $4,101,71~ Oceanfr'ont Par'k per'iod ending 12/29/91 - $3,302,00; Meadows Pat"k Site ~1 & ~2, Boynton Lakes Park and ~uantum Par'k Site - $9~811,36, Pay from Water' & Sewer' Rev---401-392-5-462-00 $6,141,71 n ~m Rec & Mun Bch Imp---303-000-0-893-30 37302,00 " " Cap, Impr'ove, FL~nd--302-721-5-~63-00 9~811.36 19,255~07 14, BEN HO;lAN COMPANY 288 Legend Gloves @ $7,75 ea. and 2~ @ N/C for' Golf Cour'se Ppo Shop, Pay fr'om Golf Course Fund---N11-000-0-b20-10 2,066,15 15, JEFFREY ALLEN, ZNC, 180 Ener'gy Center' Golf Car' Batter'ies. Pay fr'om Golf Cour'se Fund .... 411-727-5-345-00 5~910.00 JONES CHEMICALS~ ZNC. Blanket P,O, 170 - Chlorine for' Disinfection for' Water' Plant. Pay from Water' a Sewer' Rev---a01-332-5-363-00 6,249,50 17, JOSIAS & GOREN, P.A, 12,52~.~5 Statement for' Pr'ofessional Sar'vices - 1/92 - $6,317,50; West Water' Bid Pr'otest - $950,00~ Mr'otek - $1,2~9.5~ 1992 Gener'al Obligation Bonds - $2,150.00; IBF&O Char'ge - $320,00; Cell Z Tower' Appeal - $130,00; Winchester' - $60.00~ Cummings - $20,00; P,B, County Easement Condemnation - $250.00~ PBA Matter' - $280.00~ Summit Assoc, - $120,00~ St, duste - SB0.00; Boynton Lakes - $120.00~ Fine Line Str'iping - $63,15; Polak vs. Bar'nett - $100,00; Tr'adewinds - $354,25. Pay fr'om Garter'al Fund 00t-141-5-461-00 $107374.35 " " 1992 Gen,Obli~et~on Debt---208-888-5-797-00 2,150,00 18, KRUSE~ OICONNOR AND LING7 INC. Actuar'~al Valuation Repor't and Individual Benefit Statements 'for' Police and Fir'e Pension Funds, Pay fr'om Police Pension Fund---612-138-5-229-00 $67fi86.00 ~1 mr Fir'e Pension Fund ..... 613-139-5-229-00 6,554,00 137020.00 19. MATRIX MEDICAL INC. ~ Blanket P.O. 92 - Emergency Medical Supplies for Fire Dept. Pay from General Fund---001-221-5-371-00 1,084.06 20. JACK L. & PATRICiA A, MCGREGOR Lease Agreement for Landfill Access. Pay from Sanitation Fund---431-341-5-490-05 4,480.00 21. JOSEPH MiDDLEBROOKS AND ASSOCIATES, INC. Infill Program - Architectural Services. Pay from Community Improve Fund---621-196-5-499-02 3,800.00 22. 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 19,971.90 23. ROBERTS & REYNOLDS Professional services for Brown vs. Bateson & The City of Boynton Beach. Pay from Self Insurance Fund---622-195-5-468-00 2,282.15 24. THE ROLM COMPANY Blanket P.O. 240 - Partial payment Maintenance Agreement for Telephone System. Pay from General Fund---001-197-5-430-21 5,118.66 25. 26. 27. SCE, INC. Odor Abatement Project - Aeration Covers, Effluent Pumping Station Expansion and Electrical Building. Pmt. #17 from 12/20/91 to 1/23/92. Pay from Utility General Fund---403-000-0-691-20 SHANNON CHEMICAL CORPORATION Blanket P.O. 169 - 200 Bags Shan-No-Corr for Water Plant. Pay from Water & Sewer Rev---401-332-5-365-00 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User charges for treatment and disposal of wastewater for month of January, 1992. Pay from Water & Sewer Rev---401-353-5-490-09 22,897.50 6,611.96 167,224.67 28. SOUTHLAND EQUIPMENT CORPORATION Replacement Packer for vehicle #97. Pay from Vehicle Service Fund---501-193-5-688-00 " " Sanitation Fund 431-341-5-490-01 "Town of Lake Park Bid #92-001/PW" 102,034.00 $100,000.00 2,034.00 29. STANDARD LAW ENFORCEMENT SUPPLY CO. 5 Smith & Wesson 9mm Pistols for Police Dept. Pay from General Fund---001-211-5-642-00 2,471.15 RECEIVED FEB 19 1~2 (~'FY MANAGER'S OFFICE 30, 31, 32, 7'ARE LAWN MAZNTENANCE Blanket P~O, 68 - Landscape Maintenance Services, Pay from General Fund---001-722-5-~30-t5 1~620~00 UNZJAX 20 cases Scott Jumbo Roll Towels for' Warehouse, W,~..~ ~, ~ou=e Fund .... 502-000-0-~ 10-11 Pay from ~"-~' "*- UB~d ~032-00z-9 I-VSMG" 1,000,00 VANCE & DONE¥, P~ ol%.=~onal services r'ender'ed - Finizio rs, City of Boynton Beach, Pay from General 1,922.~3 33, VOINGQIIZST BROTHERS~ ZNC, Blanket P,O, 5~1 - Est, ~2 Aquifer' Storage & Recover'y Well, Pay from Utility Cap, Zmpr. ove,---~0~-000-0-690-10 36,692.10 ALI_ZED PRZNTZNG ZNC, Pr'~nting of Preliminary and Final official statements - Gen- eral Obligation Refunding Bonds, Series 1992, Pay from 1992 Gert, Obligation Debt~--208~B88-5-797-00 8,2~1,25 35. THE PALM BEACH POST !,805.90 Advertis~n~ in January 1992 Recreation Supervisors -Dispatcher's, Pay from General Fund---001-t35-5-~75-00 36. STANDARD & POORIS CORPORATZON Analytical services r'endered ~n connection with General Obli- gation Bonds~ °~""~ ~ Pay from 1992 Gert, Obligation Debt---206-888-5-797-00 6,800.00 37, SEAl_AND CONTRACTORS~ ZNC, Payment ~13 for' Ezell Hester' Park -$222,802,16 Payment ~I2 for' Rolling Green Par'k-$ 19,013,26 Pay from Public Ser'v. Tax Constr',Fund---301-O00-1-~50-20 2~1~815,~2 These bills have been appr'oved and verified by the department heads involved, checked and approved for' payment, G~ Z ther'efor'e recommend payment of 'these RECEIVED FEB 19 1992 CITY M*,~ r',,..~ ":*'.' ..... -" f~i!' .i-.. il XZ. CONS]~]Ti. AGENDA i cc: Fiaance . 222 .... ~ N Z Z .O-4' .il ~Z~Z~ZZ~ Z e · ·