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Minutes 01-07-92 MINUTES OF THEREGULAR CITY COMMISSION MEETING HELD IN COMMISSION CH~-MBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 7, 1992 AT 7:00 P.M. PRESENT Arline Weiner, Mayor 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 CALL TO ORDER, MOMENT OF SILENT PRAYER., PLEDGE OF ALLEGIANCE Mayor Weiner called the meeting to order at 7:05 p.m. After a moment of silent prayer, Commissioner Artis led the Pledge of Allegiance to the Flag. AGENDA APPROVAL 1, Additions, Deletions, Corrections Vice Mayor Harmening requested a discussion be added under "New Business", C-l, regarding Quantum Park. City Manager Miller added a Proclamation under Item E-3 for Dr. Martin Luther King, Jr. Weekend. Also, under F-4, he added the presentation of a key to Harvey Oyer, III. Under XI, D, Mr. Miller added a bill in the amount of $38,530.78 for Solid Waste Authority for the month of November. 2, Adoption vice Mayor Harmening moved the adoption of the agenda as amended. Commissioner Aguila seconded the motion which carried 5-0. ANNOUNCEMENTS Proclamation - January as National Volunteer Blood Donor Month Proclamation - January 5, 1992 as Coast Guard Auxiliary Day Mayor Weiner presented the Proclamation to a representative of the Coast Guard Auxiliary who stated this is the third year serving Boynton Beach. It was announced that a Safe Boating class will be conducted at congress Middle School on January 12. 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1992 Proclamation - January 19-20 as Dr. Martin Luther King, Jr. Weekend After reading the proclamations, Mayor Weiner announced they would be signed and adopted. PRESENTATIONS Certificates of Appreciation to Lt. Daniel Remchuck, Officer Lee David Thompson, Jr., Officer Kent Walker, Officer John Peters and Officer Russell Duplantis for their help and assistance rebuilding the Homeless No More Center of Boynton Beach Mayor Weiner and City Manager Miller commended Lt. Daniel Remchuck, Officer Lee David Thompson, Jr., Officer Kent Walker, Officer John Peters and Officer Russell Duplantis for their assistance in rebuilding the Homeless No More Center of Boynton Beach. They accomplished this task by securing donations of appliances and materials. They also performed some of the construction work. They were presented with Certificates of Commendation. Lt. Remchuck thanked Police Chief Ed Hillery for his support of the CPO program. He stated this is just the beginning of the things which will be done for the community. Police Officer Thompson stated the success of the program is a result of the efforts of both the Officers and the community. Accept donation from Cast-Off Square Dance Club Since there was no representation present from the Castoff Square Dance Club, Mayor Weiner read a letter from Helen and Jerry Rhodes, Presidents, to Charles Frederick thanking him and staff for the use of Freedom Hall. Mayor Weiner further accepted their donation of $2,500 and thanked the Castoff Square Dance Club for their generous contri- bution. ~. EmDloyee of the Month Don Johnson, Building Department, was named Employee of the Month for December. City Manager Miller pointed out that Mr. Johnson has organized a food and toy drive for the needy of Boynton Beach. He is an employee who feels he should give something back to the City and has put in long hours at the G.A.L.A., organized the Building Safety Week at the Boynton Beach Mall and speaks with homeowners associations throughout the City. He was congra- tulated by Mayor Weiner and Mr. Miller. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY ?, 1992 Mr. Johnson accepted the award for himself and other employees in the Building Department, Code Enforcement, Occupational License, and the Planning and Zoning Division. These other employees have dedicated many hours to the programs and Mr. Johnson thanked them for their support. 4. Harvey Oyer, III Mayor Weiner stated that Harvey E. Oyer, III is a native and fifth generation Palm Beach County Floridian and the great-great grandson of pioneer settler H. D. Pierce. He holds a Bachelor of Arts in Economics (with High Honors, Phi Beta Kappa) from the University of Florida, where he graduated last year as the University's "Most Outstanding Male Leader"for the Class of 1990. Harvey is a published scholar in Economics with special studies in Australian and British macroeconomics. He has pre- viously studied at Cambridge University in England and done field work at the University of Vienna in Austria. Mr. Oyer will do Masters research in Economis at The Australian National University in the Australian National capitol city of Canberra for the Year 1992. Mr. Oyer is a 1986 graduate of Atlantic Community High School. He attended Forest Park Elementary and Congress Community Middle School. His father, Harvey E. Oyer, Jr., served as Mayor of Boynton Beach from 1960 to 1962. Mayor Weiner presented Mr. Oyer with a key from the City of Boynton Beach which he will present to the Mayor of Canberra. BIDS Award of Bid for Towing Services (Accidents, City Owned or Leased Vehicles, Police, Crime Scene/Confiscated Vehicles, Code Enforcement Vehicles) City Manager Miller asked Wilfred Hawkins to make this presen- tation since he headed the screening and evaluation team. Mr. Hawkins' recommendation is outlined in his Memorandum #92-001W to City Manager Miller dated January 2, 1992. (A copy of this memorandum is attached to the original set of these minutes on file in the City Clerk's Office.) Mr. Hawkins explained that the Evaluation Committee, consisting of City staff, evaluated the bids. The evaluation consisted of reviewing the criteria outlined in the contract and how the bid- ders met the criteria. After reviewing the paper work, the eva- luators inspected the facilities of the best three bidders. Based upon review of the paper work and inspection of the facilities, the Evaluation Committee recommends awarding the towing contract to Murphy's Towing Service. 3 MINUTES - REGULAR CITY COMMISSION MEETiN~ BOYNTON BEACH, FLORIDA JANUARY 7, 1991 Becky Rodgers of 7233 Golf Colony Court, Lake Worth, asked if the Commission is required to accept the lowest dollar bid. Attorney Cherof explained that the Commission is not required to accept the lowest bid alone. The Commission must consider the bid amount, whether the bid is responsive to the bid specifications and the responsibility of the bidder to perform the contract. Ms. Rodgers feels that while both Murphy's and Zuccala compare almost evenly, Zuccala has been in Boynton Beach for fifteen years. He is a resident of the City and conducts his business in the City while Murphy's Towing Service is in West Palm Beach. Although Murphy's has a proposed site here in Boynton Beach which they will be moving to within ninety days, they are not here now. Harold Murphy is a Lake Worth resident. Ms. Rodgers further pointed out that Mr. Zuccala has stated he would give back any towing fees from the City for City vehicles to be placed in an escrow account to be used by the Fire and Police Departments. In Ms. Rodgers' opinion, the major dollar difference between Zuccala and Murhphy's is in the storage. This fee is not paid by the City. It is paid by the offender. Since the City will not be paying these additional fees, and Mr. Zuccala will be giving back towing fees to the City along with Mr. Zuccala being a resi- dent of the City, Ms. Rodgers feels Mr. Zuccala should be awarded the towing contract. Drew Zuccala of 633 East Industrial Avenue, stated he has lived here for thirty years and been in business for fifteen years. He pointed out that some of his workers' jobs are in jeopardy if the contract is awarded to another company. He stated the contract has been watered down. One month ago, he beat all other bidders, but the specifications were rewritten. He asked to be put back on the ballot and said he is ready now. He stated he does a good job and gives the City 100%. Ms, L, Brochard, President of Murphy's Towing, located at 6907 Sout~-~rn Boulevard, stated Murphy's can do a good job for Boynton Beach. They currently hold the contract for Palm Beach County and have had no problems. Ms. Brochard said Murphy's will employ people from Boynton Beach. Although the contract stipulates ninety days, Murphy's is equipped and ready. She and three sisters operate the business. In response to Commissioner Aguila's question regarding a time frame, Ms. Brochard stated that once Murphy's is awarded the contract, they will be ready to go. Murphy's has a storage lot in Boynton Beach ready. Commissioner Matson clarified that everything will comply to Code within the ninety days. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1992 Although Commissioner Aguila tries to be sympathetic to local businesses and on paper, Mr. Zuccala and Murphy's appear equal in ability and equipment, he feels Murphy's dollar figure is correct and he supports staff recommendations to choose Murphy's. Commissioner Matson asked for clarification on the recommendation made by staff since the information provided showed that Zuccala is ready and Murphy's needs to be brought up to Code. Mr. Hawkins explained that the time period is permitted in the contract. Commissioner Aguila clarified that if Murphy's does not abide by the ninety-day stipulation, the contract will then be awarded to the next bidder. Motion Commissioner Aguila moved that the Commission adopt the findings and recommendation of staff as set forth in Mr. Hawkins' Memorandum #92-001W and it is the determination of the Commission that Eastern Auto Body is neither the most responsive or respon- sible bidder. Commissioner Artis seconded the motion which carried 5-0. Motion Commissioner Aguila moved to award the contract to Murphy's Towing Service based on the bid proposal. The Commission finds Murphy's Towing Service to be the most responsive and responsible bidder. Commissioner Artis seconded the motion which carried 4-1. (Commissioner Matson cast the dissenting vote.) Recreation Activity Center - Consideration of awarding bid and authorizing execution of contract (Proposed Resolution No. R92- ) Attorney Cherof read Proposed Resolution No. R92- by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA; AWARDING THE BID FOR THE RECREATION ACTIVITY CENTER TO FLORIDA MILNE & NICHOLLS; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND MILNE & NICHOLLS; AND PROVIDING AN EFFECTIVE DATE. Bill DeBeck, Project Manager and Mr. Flattery, the Architect from Gee & Jenson, made the presentation. Bids were opened on November 21. Fifteen bids were received which ranged in cost from $559,000 to $749,000. As a result of reviewing the bids, 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1992 the low bidder is Falkav Inc. at $559,000; however, since the average of the bids was $617,000, staff has some concern regarding the lowness of the bid and staff is somewhat concerned with Falkav's location in Miami. The next low bidder to be con- sidered is Milne & Nicholls of Palm Beach Gardens with a bid of $589,500. After contacting seven of Falkav's references, only one (1) good and six (6) fair to poor references were supplied to staff. The questions asked were: 1. Were they the low bidder? 2. Did they finish on time? 3. Was there any litigation involved? 4. Did they finish the job to your satisfaction? 5. What was the quality of the work? 6. was it good, fair or poor? How do you rate the cooperation and level of supervision on the job? Do you consider their request for change orders ordinary or above normal? 9. Would you use them again if you had a choice? These same questions were asked of Milne & Nicholls' four (4) references. All of the responses received were good or great. Further, they would all use Milne & Nicholls again. Although this is a small job which should not have many problems, staff is concerned about the problems sometimes encountered when using the low bidder. Susan ~uller, Attorney for Falkav, Inc., with law offices at 1~499 Biscayne Boulevard, Suite 205, North Miami, FL discussed the standards to be considered in awarding a bid. She pointed out that Falkav, Inc. is $30,000 lower than the next lowest bidder. Their bid is responsive. Ms. Guller stated that Milne & Nicholls bid was not responsive· Certain conditions were violated such as several items being left blank, they did not complete the Trench Safety Act form and their base bid was scratched out and another bid entry was made without being ini- tialled. Ms. Guller said staff's concerns arose because of phone memos. She requested this information, but never received it. City MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1992 Manager Miller stated this information was supplied to Falkav at 10:30 this morning. Ms. Guller requested this information on Friday from the City Attorney. When she arrived at the pick-up location on Saturday, the information was not available. She stated that Commissioners may not arbitrarily discriminate bet- ween bidders and make awards based on personal preference. She feels there are no facts available to substantiate not con- sidering Falkav. She has been the attorney for Falkav for several years and there has never been a claim made or a job not finished to complete satisfaction. Ms. Guller further stated that with regard to the phone memos, all of those references were contacted again today, with the exception of one, and they are willing to voice their opinions that their statements were taken out of context and not what they said. This information was made known to the City Manager today. None of the references was contacted again. Falkav is currently doing business in Palm Beach County. They have rental space in Lake Worth for us by the employees. By not awarding the contract to Falkav, the competitive bid process would be circumvented. Ms. Guller said her client has been calling for months to assess what was happening with these bids with no success at getting any answers. Peter Falcone, of 3723 27th Terrace, Coral Gables, Florida, is vice President of Falkav, Inc. He stated Falkav has worked suc- cessfully in Broward County, for the School Boards of Palm Beach County and Broward County, and in Dade County. He spoke with the references who all claim their statements were taken out of con- text. Those references were willing to speak with anyone who might have called.them today; however, no one called. He stated a lot of work and effort goes into the bids and he will not stand by and be bypassed. There are no facts to not award Falkav as the low bidder. Commissioner Aguila clarified the deficiencies in Milne & Nicholls bid. City Manager Miller stated some areas were incomplete and they were reviewed by the City Attorney. Mr. DeBeck stated that on the bid document, Milne & Nicholls made an error when they were writing out the amount. Instead of writing five hundred thousand, they had written five thousand. They crossed it out and wrote the word hundred above it. That correction was made by Milne & Nicholls before the bid was opened. The second questionable item is a single form which requires filling in the dollar amount intended to be spent to abide by the Trench Act. If only one (1) trench will be used, only one dollar amount needs to be included. Milne & Nicholls has only one trench amount listed. The third item pertains to the qualification form. The corporation was asked to list people with whom business was done in the past. Milne & Nicholls left 7 MINUTES - REGULAR CITY COW~ISSiON MEETING BOYNTON BF~ACH, FLORIDA JANUARY 7, 1992 this blank. However, this is not part of the bid and is not part of the general conditions of the contract. Mr. DeBeck pointed out that Falkav's bid also had deficiencies which included the fact that the bid was not signed by the Corporate Secretary and the agent listed on the bond insurance was not an agent in Palm Beach County. They have since notified the City their agent is in Palm Beach County. Commissioner Aguila feels that the contractor and the client must be able to work well together and he is willing to spend extra money to insure a good job. Mr. DeBeck stated that he and Mr. Flattery called either the owner and/or the architect on Falkav's jobs. They spoke with The Broward County School Board, Metro-Dade County, Palm Beach County School Board, The Army Corps of Engineers, The Broward County Office of Environmental Control, Broward County Board of County- Commissioners and the Department of the Air Force. The Broward County School Board gave the only positive reference. Metro-Dade could not be reached. With regard to Milne & Nicholls, calls were made to Martin County School System, the Palm Beach County School System, the Broward County School System, and Okeechobee School Board. Attorney Cherof suggested Ms. Guller list any references which have been misconstrued or any which have changed their recommen- dations. Ms. Guller deferred to Mr. Falcone who contacted the references. Mr. Falcone stated Mr. Gomez of the Broward County School Board provided an excellent reference, with regard to Harbordale Elementary, the Project Manager was Steve Dowling. Mr. Michaelson was the Architect. The project was completed on time but Mr. Michaelson was upset about punch list items he wanted done, but which were not specified. He would not release the retainage. The situation was settled with Mr. Lester Clayton and it turned out the Architect was wrong and he apologized. Mayor Weiner stated that personalities will not sway the decision of the Commission. None of the bidders are known by the Commission. The Commission relies on staff recommendations. Attorney Cherof advised the element to consider is whether or not this bidder is responsible. This information is gathered by con- tacting the references. The information is subjective. It is the Commission's job to determine whether the inquiry performed by staff was complete. The Commission must not act arbitrarily or capriciously. Attorney Cherof explained that the purpose of the bid documents is to put as large a number of bidders as possible before the Committee. The Commission also has the right to waive certain inconsistencies. 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1992 Attorney Cherof pointed out that Falkav's documents were not pro- perly signed by the Corporate Secretary, but the Commission can waive such an inconsistency. Ms. Guller disagreed and stated that every page of the documents was properly signed. Because of disagreement, Vice Mayor Harmening requested a con- formed copy of the documents for verification. Upon inspection of the bid documents, it was observed that the Corporate President's name did appear on the documents, but the Corporate Secretary's name did not appear. Commissioner Matson stated she wants a contractor who will pro- vide good quality work. Motion Commissioner Aguila feels Falkav is the low bidder in dollars, but based on the information revealed this evening, he moved to award the'contract to-Milne & Nicholls. Commissioner Matson seconded the motion. After advice from Attorney Cherof, Commissioner Matson moved to withdraw her second to the motion and Commissioner Aguila moved to withdraw his motion. The motion carried 5-0 to withdraw the original motion. Motion Commissioner Aguila moved to reject the bid submitted by J.W.R Construction based on the fact that their bid bond was not in a sufficient amount as required by the bid documents. Commissioner Matson seconded the motion. Vice Mayor Harmening stated this contractor's bid was not respon- sive. The motion carried 5-0. Attorney Cherof suggested if the Commission decides to pass over the low bid of Falkav, Inc. of Miami, they must incorporate into the record the staff recommendations as set forth in Gee & Jenson's December 24, 1991 letter and Memorandum #91-087 from Bill DeBeck to the City Manager and incorporate the findings as the Commission's own findings and find that Falkav is not the most responsive or responsible bidder. (A copy of these docu- ments is attached to the original copy of these minutes on file in the City Clerk's Office.) City Manager Miller expressed some concern and questioned both Mr. DeBeck and Mr. Flattery as to whether or not, when phone references were solicited, specific questions were posed MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY ?, 1992 requiring a yes or no answer. Mr. DeBeck responded yes and stated similar questions were asked of each reference. Mr. DeBeck stated every reference did not answer every question. Mr. Flattery stated he has been doing these reference checks for approximately twenty years and the same procedures are followed on every client or project. Responses are recorded as heard. Some responses were more detailed than others. Situations such as this one tonight have occurred in the past. Commissioner Aguila questioned whether the City would consider doing the reference check again to give the contractor the bene- fit of the doubt. It was determined this item could be tabled. Motion Commissioner Aguila moved to table this item to the next meeting and in the meantime, do a current thorough reference check. Commissioner Matson seconded the motion. Mayor Weiner passed the gavel and asked if Commissioner Aguila would accept an amendment to his motion that staff not only recheck but that staff go into further examinations of past jobs performed by Falkav. Commissioner Matson seconded the amendment. Commissioner Artis asked if written evaluations could be secured instead of phone memos. It was determined there would not be enough time to secure written evaluations. Commissioner Aguila pointed out that phone memos are standard in the industry. The amended motion carried 5-0. Utilities Complex Fence Installation - Consideration of awarding bid and authorizing execution of contract (Proposed Resolution No. R92-1) John Guidry made the presentation. Tropic Fence, Inc. of Pompano Beach was the low bidder, but their bid was deemed incomplete. The second low bidder was Tri-County Fence of Plantation with a bid of #13,152.00. Staff recommends awarding the bid to Tri-County Fence. Motion Commissioner Aguila moved to accept Tri-County Fence as best responsive bidder for $13,152.00. Vice Mayor Harmening seconded the motion which carried 5-0. 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1992 Attorney Cherof read Proposed Resolution No. R92-1 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING THE BID FOR THE UTILITIES COMPLEX FENCE INSTALLATION TO TRI-COUNTY FENCE; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND TRI-COUNTY FENCE; AND PROVIDING AN EFFECTIVE DATE. Motion Vice Mayor Harmening moved the adoption of Proposed Resolution No. R92-1. Commissioner Aguila seconded the motion which carried 5-0. Landscaping for East Water Treatment Plant Compound - Consideration of awarding bid and authorizing execution of contract (Proposed-Resolution No. R92-2) John Guidry made the presentation. The design estimate was $57,018. The low bidder, Florida Design & Irrigation of Lake Park, Florida, submitted a bid of $43,125. This will be comple- tely xeriscaped. Motion Vice Mayor Harmening moved the award of the landscaping contract for the East Water Treatment Plant to Florida Design & Irrigation in the amount of $43,125. Commissioner Aguila seconded the motion which carried 5-0. Attorney Cherof read Proposed Resolution No. R92-2 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING THE BID FOR LANDSCAPING THE EAST WATER TREATMENT PLANT AND THE UTILITY ADMINISTRATION BUILDING TO FLORIDA DESIGN & IRRIGATION; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTONBEACH AND FLORIDA DESIGN & IRRIGATION; ANDPROVIDINGAN EFFECTIVE DATE. Motion Vice Mayor Harmening moved the adoption of Proposed Resolution No. 92-2. Commissioner Aguila seconded the motion which carried 5-0. Commissioner Matson questioned Attorney Cherof regarding the possibility of changing the wording in the bid process so that it 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1992 does not say "the lowest responsible bidder". She pointed out there is no State statute requiring this. Attorney Cherof is preparing a comprehensive memorandum for the Commissioners since almost every bid is protested not only in Boynton Beach, but in all cities. City Manager Miller explained something will be brought back to the Commission by the next meeting for review. PUBLIC HEARING None PUBLIC AUDIENCE Ralph Marchese stated he has read in the newspapers that DOT is playing games with the bridge. He reported that at meetings in Tallahassee, it was decided that the most economical way of building the bridge would be in a straight line over Boynton Beach Boulevard. DOT is now having second thoughts. Mr. Marchese stated if the bridge is built on Ocean Avenue, the traf~ fic will have to be brought down U.S. 1 and over Boynton Beach Boulevard. He stated human lives are involved because of the possibility of accidents. If the bridge is built on Boynton Beach Boulevard, it will be symmetrical. He urged the Commission to get this bridge on Boynton Beach Boulevard. City Manager Miller explained that he called the DOT and was advised that they are concerned about disturbing a mangrove area on the east side of Boynton Beach Boulevard. They are favoring Ocean Avenue. Mr. Miller requested a cost analysis. The DOT is continuing to look at alternatives and will go forward with public hearings in April. Wilda Searc¥, of 402 NE l~th Avenue, stated she has done a great deal of research on items affecting the black people of Boynton Beach. She mentioned that money was appropriated for the Boynton Bay apartments which was designated for minority families. She questioned who was responsible for changing this designation from minority families to senior citizens. Mayor Weiner explained that she became aware of the change when she saw a sign on 1-95 advertising the complex. At that point, the construction was almost complete. She did not attend the ribbon-cutting ceremony. Ms. Searcy feels there will be another lawsuit because of the situation. She stated the money for this complex was appropriated to break down discrimination in the City. She stated something will be done to stop discrimination. Ms. Searcy also stated there is no supermarket in her community and referred to this as a discrimination issue. She stated she will be working to change things in Boynton Beach. 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1992 Elizabeth Jenkins, of 711 NW 1st Street, discussed the cleaning up of the lots between NW 8th and 9th Avenues at Sara Sims Park. Recently, there was a fire at this location. This situation has been brought to the attention of Commissioner Matson and the North Boynton Task Force. Some work has been done, but the problem still exists. Ms. Jenkins states there is prostitution and drugs in this area. This area is a hangout and a hide-out. Ms. Jenkins feels that if work can be accomplished, she will attempt to get the public to keep the area cleaned up. Mayor Weiner pointed out it is very difficult to get the public to take an interest. Ms. Jenkins also spoke about "street dancers". Ms. Jenkins accused the City of allowing this business which is bringing problems into the communities. Carrie Parkers explained there was a van entering the community which contained huge speakers. They were circling the neighborhood playing loud music. Ms. Parker stated this van was cited. Commissioner Matson explained that there has been a lot of adver- tisement regarding the North Boynton Task Force with letters being sent out, and still, only one or two people come to the meetings. The City is trying to help but the community does not get involved. Mayor Weiner asked for specific suggestions from Ms. Jenkins in order to afford the City an opportunity to get something done. Ms. Jenkins further explained that work was done in her home as part of the home improvement program. This work was done in her bathroom and utility room. There have been problems with the bathroom which have been ongoing since the beginning of the pro- ject. Water has constantly been leaking. She has made numerous phone calls about the fact that the bathroom has been torn up and left in a leaking condition. The contractor has not solved the problem. Ms. Jenkins has spoken with the Project Manager of the Home Improvement Manager who has been of no help at all. Mr. Hawkins said many of Ms. Jenkins' statements are valid. There have been problems with the contractor. The contractors are in the house at this time completing the project. There were problems with the construction of the bathroom. The contractor was sent in to correct the problem. It was necessary to tear it down, put in new tile and fixtures. Things are beginning to get straightened out now. The work currently being done will be done completely and to Code. Commissioner Artis questioned why the inspectors did not see the problems with the original work. In response to a request from Vice Mayor Harmening, Mr. Hawkins will supply him with the name of the original contractor. Vice 13 MINUTES - REGULAR CITY COMMISSIONMEETING BOYNTONBEACH, FLORIDA JANU;~RY 7, 1992 Mayor Harmening questioned if the first contractor was paid. In response to his question, Mr. Hawkins stated the contractor did not get the full amount. Vice Mayor Harmening suggested the City take measures against this contractor through the court and through DPR. The Building Department should be able to substantiate the claims since they did the inspections. Mr. Hawkins reported the original contractor is no longer in the program and did not get a large sum of money for the job. Vice Mayor Harmening stated ten cents would have been too much. Commissioner Artis also pointed out that there might be problems in the inspection process because there have been other complaints from participants in the home improvement program. Mayor Weiner asked Commissioner Artis to make the City Manager aware'of any complaints she is made aware of. Bill Pike, of 736 Rider Road, addressed the Commission regarding the blowing of train whistles during the hours of 10:00 p.m. and 6:00 a.m. He has written a letter to the President of the United States, the Lt. Governor and the Mayor along with other offi- cials. They suggested Mr. Pike approach the City Commission with his concerns. Mr. Pike read the letter at the meeting. (A copy of Mr. Pike's letter is attached to the original set of minutes of this meeting on file in the City Clerk's Office.) Mayor Weiner stated the Commission will be asked for action on this subject at tonight's meeting. Mr. Pike pointed out that Boca Raton does not have the train whistle during the night hours and some communities will not abide by the Federal Railroad Commission's ruling. He feels we all need to stand together to fight this issue. Vice Mayor Harmening pointed out that the Commission did pass a resolution in this regard. Commissioner Matson stated the Florida League of Cities is addressing this issue. Mr. Pike explained that if the whistles are not used, slowing down, along with the flashing lights and gates should be suf- ficient to avoid accidents at the railroad crossings during the night hours. He also stated that the trains sometimes block cer- tain intersections for over thirty-seven minutes. There is a law which states an intersection may not be blocked for more than five minutes. Vice Mayor Harmening stated the FEC can be told that Boynton Beach will actively enforce the speed limit. 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1992 DEVELOPMENT PLANS None LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING None Ordinances - 1st Reading None Resolutions Proposed Resolution No, R92-~ Re: Renewal of the Private Operational Fixed Microwave Radio Station License between the City of Boynton Beach and the Federal Communications Commission Attorney Cherof read Proposed Resolution No. R92-3 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 OF THE PRIVATE OPERATIONAL FIXED MICROWAVE RADIO STATION LICENSE BETWEEN THE CITY OF BOYNTON BEACH AND THE FEDERAL COMMUNICATIONS COMMISSION; A COPY OF SAID RENEWAL IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Motion Vice Mayor Harmening moved the adoption of Proposed Resolution No. R92-3. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No, R92-¢ Re: Water Service Agreement for Edna Smith, 7964 Overlook Road, Lantana Attorney Cherof read Proposed Resolution No. R92-4 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 WATER SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND EDNA SMITH; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. 15 MINUTES - REGULAR CITY CO~ISSiON MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1992 Motion Vice Mayor Harmening moved the adoption of Proposed Resolution No. R92-4. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No. R92-5 Re: Water Service Agreement for Mary Ann Kruger, 7880 Overlook Road, Lantana Attorney Cherof read proposed Resolution No. R92-5 only: by title A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A WATER SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MARY ANN KRUGER; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Matson moved the adoption of Proposed Resolution R92-5. Vice Mayor Harmening seconded the motion which carried 5-0. Proposed Resolution No, R92-6 Re: Minute of Silence per request of the Education Advisory Board (Minutes, November 26, Page 12) Attorney Cherof read Proposed Resolution No. R92-6 only: by title A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING THE P.T.A. IN THEIR STATEWIDE MOMENT OF SILENCE ON JANUARY 14, 1992, AT 10:00 A.M. Motion Commissioner Aguila moved the adoption of Proposed Resolution R92-6. Commissioner Matson seconded the motion which carried 5-0. Proposed Resolution No, R92-7 Re: Approve agreement and accept letter of credit between the City of Boynton Beach and Carteret South Inc., for installation of median improvements for Congress South Storage Attorney Cherof read Proposed Resolution No. R92-7 only: by title 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1992 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 BETWEEN THE CITY OF BOYNTON BEACH AND CARTERET SOUTH, INC., REGARDING THE INSTALLATION OF MEDIAN IMPROVEMENTS LOCATED AT 3400 SOUTH CONGRESS AVENUE; SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND ACCEPTING A LETTER OF CREDIT FROM CARTERET SAVINGS BANK, F.A. IN THE AMOUNT OF $10,000.00 AND PROVIDING AN EFFECTIVE DATE. Motion Vice Mayor Harmening moved the adoption of Proposed Resolution R92-7. Commissioner Aguila seconded the motion which carried 5-0. D, Other Consider proposed ordinance am~ndingAppendix C - Subdivisions, Platting, Article XII, Acceptance and Maintenance of reTaired improvements of the Code of Ordinances of the City of Boynton Beach This amendment is to improve the language of the Ordinance. When a performance bond expires, it expires at the time that there is a certificate of completion issued by the engineer for the pro- ject. There is a gap in the time period when a developer may be required to post a bond to insure the completion of the warranty period. This amendment will eliminate the gap and require that the second bond for warranty period be submitted at the same time the certificate of completion is submitted. Attorney Cherof recommended the following language be added for first reading; "the commencement of that warranty period be from the City Commission acceptance by resolution of the certificate of completion". This would allow an opportunity to review what has been done before the release of the first bond and the second bond will be in hand. Commissioner Aguila questioned the latitude of the City Engineer and wondered who reviews it. Mr. Miller advised that the project engineer submits the records and the City Engineer reviews the information. We inspect and contact other City departments for input. Consensus There was consensus among the Commission that this be brought back for first reading. 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1992 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 Attorney Cherof requested specific direction from the Commission before bringing this back for first reading. Vice Mayor Harmening was curious about the flag poles. City Manager Miller reported that Mr. Hukill of the School Board is concerned about the height limitation since they are anticipating installing radio antennas for transmission purposes. Some of these towers may exceed 45'. Vice Mayor Harmening pointed out that the proposed wording applies to commercial and since the School Board is a public entity, the Ordinance would not apply to them. Commissioner Aguila discussed the inconsistencies regarding domes and cupolas. Mayor Weiner asked that the language be changed to read church spires, church domes and church cupolas. Attorney Cherof explained that the items in this section are sub- ject to Commission approval. These exceptions are not automatic. Bob Taylor, reDresentinq the Chamber of Commerce, wondered if there would be financial implications involved in being able to attract businesses to Boynton Beach as a result of the Ordinance. In Mayor Weiner's opinion, only the language is being cleaned up in this Ordinance. Commissioner Aguila also feels nothing is being done which is more restrictive or different from other municipalities. Bob Olenik, Jr., 29D Crossings Circle, Interim Executive Vice President of Chamber of Commerce, asked that the Commission wait thirty days to make a decision on this item in order to allow the Chamber of Commerce to make a presentation at a joint meeting which will show some of the new technology for the future. This new technology may require radio communication towers. He stated Motorola is concerned about the prohibition of towers higher than 45'. Vice Mayor Harmening suggested bringing this back for first reading at the next meeting. He is not interested in changing the height limit and will not change his mind. Commissioner Aguila would like to wait for the presentation. Commissioner Matson would like to hear all sides of the issue. Commissioner Artis is concerned with the fact that businesses might be kept from the Quantum Park area and would like to hear the Chamber's presentation. 18 MINUTES - REGULAR CITY COMMISSION MEETiNG BOYNTON BEACH, FLORIDA JANUARY 7, 1992 Maurtce Rosenstock, One Villa Lane, feels this issue has been kicked around long enough. A definitive stand is needed. If a need arises in the future, the issue can be addressed at that time and variations can be made. Mr. Rosenstock asked that the City get the law on the books. RalDh Marchese stated this has been discussed so many times it is ridiculous. There is a law on the books and the people have spo- ken. 45' is the limitation. We don't need any more towers. If there is a need for public safety, the Commission has the right to do something about the height limitation. Mr. Marchese is willing to "raise Cain" at election time if necessary. Larry Leathers, 46 Heather Cove Drive, moved here from Ft. Lauderdale because Boynton Beach is a beautiful area. He feels certain towers could improve a building or business and help to pay more taxes to the City. He would prefer businesses pay the taxes to fund the City government rather than having a raise in his real estate taxes. He feels the older generation pushes the height limitation. He believes higher height limitations should be~allowed in the industrial parks. Mayor Weiner pointed out that the Commission offered to put this issue on the ballot to let the citizens decide. The last time this idea was put forth, the Chamber of Commerce withdrew. Commissioner Aguila has not changed his opinion about the 45' height limitation; however, he is willing to wait thirty days. Ralph Marchese again stated that many people believe the higher we go the greater the tax base. He said New York City is loaded with tall structures, but is flat broke. Consensus There was general consensus that the Commission would wait thirty days for the Chamber of Commerce presentation. Consider proposed ordinance amending Appendix A - Section 6D to eliminate the sale or rental of new or used automo- biles, boats, recreation vehicles, utility trailers, and commercial trucks as a permitted use in C-¢ zoning districts Vice Mayor Harmening is not in favor of this amendment. Bob Olenik, Jr., 29D Crossinqs Circle, said Boynton Beach is a coastal waterfront community and to eliminate the sale of boats is not a good move. We have promoted the use of the waterways and eliminating the sale of boats is contrary to the promotion. Commissioner Aguila wondered if current establishments would be put out of business with the passage of this Ordinances. Vice 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1992 Mayor Harmening stated they would only be put out of business if they were 50% or more destroyed or if they were out of business for six months. Vice Mayor Harmening stressed that U.S. 1 has been consistently going downhill for years. The traffic along the roadway has fallen off year after year. He would be in favor of developing something which would stimulate business in the area. Although new and used car sales are not always very desirable, he is not in favor of restricting these uses. Vice Mayor Harmening has no problem with these uses in the C-4 zoning district and will vote against eliminating the use. Commissioner Aguila feels differently and thinks Federal Highway does not have a good appearance. These uses would not enhance the area. He is in favor of eliminating these uses along major highways. Commissioner Matson agreed with Commissioner Aguila and would not want to see any used car dealerships along Federal Highway. Commissioner Artis is happy no one will be pUt out of business, and explained there are many family-owned business along Federal Highway. However, she expressed concern about the new symbol "Gateway to the Gulf". Consens%/s There was general consensus by the Commission that Attorney Cherof bring this back for first reading. Attorney Cherof pointed out that the Planning and Zoning Board will review this before it returns to the Commission. OLD BUSINESS A, Consider revised dates for Park Concept Plan Review Since the Commissioners had conflicts with all of the proposed dates, it was decided this item could be moved to late March or early April. Mayor Weiner will ask Joyce Costello to contact all of the Commissioners for available dates. 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1992 NEW BUSINESS A. Items for discussion requested by Mayor Arline Weiner: 1. Train Whistles at Railroad Crossings Mayor Weiner read an article which appeared in the newspapers regarding this issue. Mayor Weiner suggested asking that the Palm Beach County Municipal League review this issue and get a joint resolution of the thirty-seven cities. Mayor Weiner asked the City Manager to draft a letter to the Palm Beach County Municipal League and the Florida League of Cities asking them to join us as a group in protesting the blowing of the train whistles. Vice Mayor Harmening feels they may be willing to negotiate because they have gotten complaints from many of the cities. Mayor Weiner further asked City Manager Miller to draft a letter to our legislative delegation in Palm Beach County reiterating our position to the blowing of train whistles. Mayor Weiner asked Attorney Cherof about the situation Mr. Pike mentioned with regard to Boca Raton refusing to comply. Attorney Cherof will check with the Boca Raton City Attorney. Vice Mayor Harmening suggested we let the FEC know we are serious by ticketing the speeding trains and ticketing the trains which block intersections for periods of more than five (5) minutes. Mayor weiner asked that the Police Chief be given direction to handle this situation. She also asked that Mr. Pike be copied on any correspondence pertaining to this issue. Z, ReDort on Hlqh School Mayor Weiner and Wilfred Hawkins met with Dr. Arthur Anderson and explained our proposal for a school site on Lawrence Road and Old Boynton Road. Dr. Anderson was interested and will look into this site. He appeared to be supportive. Dr. Anderson suggested Susan Pell be contacted with regard to this issue. A meeting with Ms. Pell is scheduled for January 23rd. Consensus There was consensus from the Commission that City Manager Miller write to the Board of Education to arrange for a workshop between Board of Education staff and City staff to pursue this location. 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY ?, 1992 Report on Solid Waste Authority On December 18th, Mayor Weiner and Carrie Parker requested that the County Commissioners sitting at the Solid Waste Authority give us two years to recycle our own commercial paper. Solid Waste Authority agreed to approve an interlocal agreement among Boynton Beach, Lake Worth and West Palm Beach to have the Solid Waste Authority do commercial recycling for the next two years. Items for discussion requested by Commissioner Lynne Matson: 1. Community Association Institute Seminar Commissioner Matson reported that the Community Association Institute is comprised of property managers, CPAs, lawyers, mana- gement companies, individual residents, homeowners associations and condominium associations. In speaking with a member of the Gold Coast Chapter, she was advised that they are willing to con- duct a meeting free of charge for Boynton Beach residents, homowners associations, condominium associations and individual homeowners to answer questions on new laws, HOAs and how to put together effective community groups. Such a meeting would be held on a Saturday in Commission Chambers. Consensus There was general consensus from the Commission to go ahead with the arrangements for this meeting. Item for discussion requested by Vice Mayor Harmening: Quantum Park In discussions with Ed Deutsch, Vice Mayor Harmening was advised that there is a strong possibility that Kraft will purchase land in Quantum Park since the land they were interested in in Boca is in the middle of an endangered land sanctuary. This would involve 300,000 square feet. The bank has agreed to sign off on this. Vice Mayor Harmening agreed to help in any possible way. He further reported that they will attempt to validate their bonds tomorrow at 8:15 a.m. The amount of the bonds is now at $58,500,.000. 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA CITY MANAGER'S REPORT: ADMINISTRATIVE: APPOINTMENT TO BE REG/ MADE BOARD ALT JANUARY 7, 1992 LENGTH OF TERM EXPIRATION DAT~ Artis Weiner Weiner Harmening Aguila Artis Matson Weiner Harmening Aguila Artis Community Relations Bd Reg Cemetery Board Alt Adv Bd. on Children/Youth Reg Adv Bd. on Children/Youth Reg Adv Bd. on Children/Youth Reg Adv Bd. on Children/Youth Reg Adv Bd. on Children/Youth Reg Adv Bd. on Children/Youth Reg Adv Bd. on Children/Youth Reg Adv Bd. on Children/Youth Alt Adv Bd. on Children/Youth Alt Term expires 4/93 TABLED Term expires 4/92 TABLED Term expires 4/95 Term expires 4/95 Term expires 4/95 Term expires 4/94 Term expires 4/94 Term expires 4/93 Term expires 4/93 Term expires 4/93 Term expires 4/93 Motion Vice Mayor Harmening moved to remove all appointments from the table. Commissioner Aguila seconded the motion which carried 5-0. Commissioner Artis asked that Andrew Luchey be moved from his Alternate position to a Regular position on the Community Relations Board. There was no objection. Mayor Weiner tabled her appointment to the Cemetery Board. Mayor Weiner appointed Mervin Flschman as a Regular member of the Advisory Board on Children and Youth. Vice Mayor Harmening appointed Jayne Fail as a Regular member of the Advisory Board on Children and Youth. Commissioner Aguila appointed Angela Girtman as a Regular member of the Advisory Board on Children and Youth. Commissioner Artis appointed Linda Boone as a Regular member of the Advisory Board on Children and Youth. CommisSioner Matson appointed Dr. Floyd Bell as a Regular member of the Advisory Board on Children and Youth. Mayor Weiner appointed Martha Potter as a Regular member of the Advisory Board on Children and Youth. 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANWjARY ?, 1992 vice Mayor Harmening appointed Marcia Williams as a Regular member of the Advisory Board on Children and Youth. Commissioner Artis appointed Cynthia Disatham as an Alternate member of'the Advisory Board on Children and Youth. Commissioner Aguila tabled his Alternate appointment to the Advisory Board on Children and Youth. Staff will work on arranging the first meeting date of this Board. Palm Beach County MuniciDel League ReDort Mayor Weiner reported that since the repeal of the Countywide Planning Council, the Municipal League is proposing an Inter- governmental Coordination Council. It will be necessary for Mayor Weiner to vote on this issue tomorrow. Because of the fact that Mayor Weiner has many questions regarding this Council, she asked for direction from the Commissioners. She is particularly concerned about the duties and responsibilities of this Council. Mayor Weiner explained that since the County Commissioners will have language on the March 10th ballot which will keep the municipalities out of wha- tever they propose to take the place of the Countywide Planning Council, the Municipal League has provided this alternative. Suggestions were made by the Commissioners that Mayor Weiner ask that this item be tabled until it can be further investigated. City Manager Miller reported it is Mr. Martino's idea to establish this committee. He did not elaborate on the duties and responsibilities. It is hoped this committee will do everything the Countywide Planning Council did, but there is nothing in writing. Since tomorrow's meeting is a Board of Director's meeting only, Mayor Weiner will have an opportunity to come back to the Commission with any new information which may be provided. Consider improvements to the City Park Site located et the southwest corner of Seacrest Boulevard and Martin Luther King Boulevard Charles Frederick made the presentation. able in the Capital Improvement budget. There is money avail- It is intended to eliminate the tree area where people congre- gate. This is an area where things can happen because it is hard to see what is going on there. When the trees are removed, this will be a grassed area only. 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1992 Commissioner Matson suggested the use of concrete tables which, have checkerboards or chessboards imprinted on the table top. Mr. Frederick stated these are available and can be purchased for approximately $600-$800 each. Commissioner Aguila felt it would be beneficial for the residents of the community to share their input regarding this park. He suggested a sketch be brought to the banquet which will be held on January 19th to afford the residents an opportunity to share their ideas. Commissioner Artis suggested that the residents of the area and the school children should have the opportunity to name the site. Request reduction of lien - Code Enforcement Case - VSB Limited, A Florida Limited Par~ership located at 2288 North Congress Avenue Scott Blasie made the presentation and explained this is Royelty Yogurt. They were originally cited for operating without an Occupational License and for sign code violations. The fine was for eight to ten signs hung from the ceiling without permits. Because of communication problems between the owner and franchi- see, no one took care of the problem. The Code Enforcement Board agreed to settle this case for the administrative costs. In Vice Mayor Harmening's opinion, this is self-defeating. Since VSB was notified, Vice Mayor Harmening suggested they be fined $1,000 in addition to the administrative costs and VSB is to pay the fine. Commissioner Aguila sees a problem with reducing these fines to administrative costs only and feels if they are being reduced, it should not be for less than at least double the administrative costs. Commissioner Matson agreed that $1,000 should be added to this reduction in order to set an example. Motion Vice Mayor Harmening moved to reduce the lien to $1,634.12, payable on demand, and notify them if there are any future problems of this nature, it will not be reduced again. Commissioner Matson seconded the motion. Mr. Blasie is currently working with Chief Hillery to bring a schematic before the Commission which will reflect the work and effort of the Code Enforcement Division in such cases. 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1999- Mr. Blasie further reported that a twelve-month payment plan has been set up to assist in some cases. The motion carried 5-0. Request authorization to install a path between the Civic Center Parking Lot and the entrance to the Library during construction of the Recreation Activity Center plus addi- tional landscaping City Manager Miller reported this installation will cost approxi- mately $500 including landscaping. Motion Commissioner Aguila moved to authorize the installation of a path between the Civic Center Parking Lot and the entrance to the Library at a cost of $500. Commissioner Artis seconded the motion which carried 5-0. F, City Manaqer's Annual Performance Evaluation Mayor Weiner commended City Manager Miller for his memorandum foregoing any increase in compensation. She stated this means a lot to the Commission and the employees of the City. She filled out the evaluation and feels Mr. Miller has done a terrific job. Vice Mayor Harmening feels this was a realistic evaluation of the situation and stated Mr. Miller's performance has been satisfac- tory. Commissioner Matson feels Mr. Miller has been fiscally respon- sible and it has been a pleasure working with him. Commissioner Artis reported that residents are pleased with Mr. Miller because of the fact they find it easy to speak with him. Commissioner Aguila is pleased to say that Mr. Miller has helped him. He is thorough and patient and sees no reason to make any changes. Mr. Miller responded that he is an employee just as any other employee and has accepted the current economic conditions. Request authorization to proceed with the rehabilitation of Lift Station $05 Motion Vice Mayor Harmening moved to authorize the Utility Department to proceed with the rehabilitation of Lift Station 505. Commissioner Aguila seconded the motion which carried 5-0. 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1999. CONSENT AGENDA A, Minutes Regular City Commission Meeting Minutes of December 17, 1991 Bids - Recommend Approval - Ail expenditures are approved in the 1991-92 Adopted Budget 1. Annual Supply of Manhole Adjustment Rinqs The Tabulation Committee recommends awarding the bid to the low bidder, U.S. Foundry & Manufacturing, Medley, Florida as recom- mended in Utilities Memorandum #91-596 dated 12/23/91, from John A. Guidry to Olivia McLean-Cox. Consider approval to transfer ownership of cemetery lots 452A & B, Block S, Boynton Beach Memorial Park Addn. #1 As per Deputy City Clerk Shannon Burkett's Memorandum #91-178 dated 12/24/91 to City Manager J. Scott Miller, Evalyn Gross has requested permission to transfer cemetery Lots 452A & B, Block S, Boynton Beach Memorial Park Addn. #1 to her daughter and son-in- law, Roger & Pearl Nattrass. D. Approval of Bills This includes the addition of the November bill from the Solid Waste Authority in the amount of $38,530.78. A list of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. Motion Commissioner Aguila moved the approval of the Consent Agenda. Commissioner Artis seconded the motion which carried 5-0. OTHER vice Mayor Harmening discussed a newspaper article regarding parking meters in parking lots. He stated it is his opinion that the Commission sets the agenda and policy and employees having suggestions are supposed to deposit those suggestions in the Suggestion Box or give them to the City Manager. He was shocked at reading this article in the paper. 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1992 It was determined this issue was completely out of order and the Commission was distressed by it. Employees of the City should know the proper method to follow when making suggestions. Mr. Miller feels that this situation may change when a City Engineer is hired. With regard to the status of the search for a City Engineer, Mr. Miller reported that the references are being returned now and there should be an answer by the end of this week. ADJOURNMENT There being no further business, the meeting properly adjourned at 11:10 p.m. THE CITY OF BOYNTON BEACH ATTEST: Cit~ Clerk g Secretary (Five Tapes) / Mayor Vice~r 28 MEMORANDUM NO. 92-001W TO: FROM: DATE: SUBJECT: J. Scott Miller, City Manager Olivia M. Cox, Director of Administration Jim Cherof, City Attorney Wilfred Hawkins, Assistant To The City Manager January 2, 1992 TOW SERVICE CONTRACT RECOMMENDATION BACKGROUND The City's Tow Service Contract expired June 5, 1991. The contract had been held by the same company since 1987. On May 16, 1991, the City Commission approved staff recommendation to rebid the contract. The docu- ment was revised and approved by the City Commission on July 16, 1991. During August of 1991 the bid process took place. However, at the September 19, 1991 City Commission meeting the Commission approved staff's recon~nendation to rebid for tow services a second time. At the October 15, 1991 City Commission meeting, Commission adopted the final tow service bid document and directed staff to proceed with the bid process. DESCRIPTION The bid process (which commenced November 11th) consisted of advertisement for bid proposals {also mailed bid proposal package to tow companies on vendor list), mandatory prebid conference, bid proposal opening, evaluation committee review of bid proposals, and evaluation .-~mmittee site visits of the proposer tow companies office and compounds. The selected tow company is to provide tow service for accidents, City owned or leased vehicles, Police/Crime Scenes/Confiscated Vehicles, and City Code Enforcement Vehicles. Seven tow companies were represented at the prebid proposal conference held on November 21, 1991. A list of questions and responses along with a list of attendees were mailed out after the conference to the attendees. The bid proposal opening was held December 3, 1991. Eight bid proposals were received. Three of the bid proposals were incomplete and therefore, disqualified leaving five bid proposals to be reviewed and the three lowest bids were as follows: Eastern Auto Body & Glass Murphy's Towing Zuccala Wrecker Service The selection committee consisted of City Manager Representative Wilfred Hawkins, Assistant to the City Manager; Police Department Representative Sergeant Kevin McGown; Code Enforcement Representative Scott Blasie, Code Enforcement Administrator; Communications Representative Hugh McCaffrey, Communications Manager; Public Works Representative Carel Fisher, Assistant Public Works Director. The evaluation committee members have experience in dealing with tow com- panies and are knowledgeable of the City's tow contact requirements and tow service needs. The committee individually viewed the five bid proposals using the bid proposal document selection criteria. Based upon the price quotes submitted by proposers, which were checked and verified by the Purchasing Division, the lowest bidder was Eastern Auto Body & Glass followed by Murphy's Towing and Zuccala Wrecker Service. On December 18, 1991, the evaluation committee conducted site inspections of the three lowest bidders, as noted. The site inspections were conducted to determine if contract specifications relative to condition of equipment, storage facilities, and office space were adequately adhered to. ANALYSIS The following is a summary of the evaluation committee findings containing certain objective and subjective information. Based upon Section 3 of the bid proposal document titled "Consideration For Award/Award Procedures", the evaluation committee's review determined that the low bidder, Eastern Auto Body, failed to meet the following criteria and specifications: SECTION 4. Competency of Bidders Paragraph 2. The amount of training the owners and towing/recovery vehicle operations have received during the past two {2) years Eastern's bid proposal did not provide sufficient information to satisfy this requirement. Murphy's provided information on the type of driver training and the frequency of the training. - Zuccala provided information on the type of driver training and the frequency of the training. Paragraph 3. List of present contracts held and previously held during the past two {2) years .... - Eastern's bid proposal did not provide all the required infor- mation as listed in the bid document. Murphy's provided a list of past and present contracts giving the required information {name, address, phone number, dura- tion and dollar amount}. Zuccala provided a list of past and present contracts giving the required information {name, address, phone number, dura- tion and dollar amount). Paragraph 4. Provide a list of equipment and compounds. Any equipment submitted for considerationmust be operational/road ready at time of bid proposal submittal .... - Eastern's tow trucks were not road ready during site inspections due to missing accessory equipment. - Murphy's tow trucks were equipped as listed in the bid docu- ment thus were operational and road ready. - Zuccala's tow trucks were equipped as listed in the bid docu- ment thus were operational and road ready. SECTION 6. Wrecker Specifications Paragraph 7. Tow trucks are to be outfitted with the following supplies and equipment .... Eastern's two (2) required Class "A" tow trucks did not have the required equipment and supplies listed in this section of the contract. One truck had several of the required supplies. Murphy's tow trucks were equipped With accessory supplies and equipment as listed in the bid document. Zuccala's tow trucks were equipped with accessory supplies and equipment as listed in the bid document. SECTION 17. Subcontractin9 .... The contractor shall provide in his/her proposal under these proposal specifications a copy of any such assignment. Any documents required to be submitted by the contractor under this proposal specification shall be submitted on the subcontractor .... Eastern's bid proposal did not provide all the required infor- mation, insufficient to cover bid requirements for the sub- contractors; Mr. D's and Accell Tow Service. - Murphy's did not indicate any subcontractors for wrecker service. Zuccala did not indicate any subcontractors for wrecker ser- vice. SECTION 22. Storage Facilities Paragraph 2A. Outside storage area to be kept and maintained .... The trin~ing of all shrubbery trees and lawns (fence line and grounds) .... Eastern's outside storage area includes a drainage pit on the north side which is nearly full of roofing tiles and is generally overgrown with weeds, Murphy's proposed site for outside storage appears basically adequate but must be brought up to code for vehicle storage. - Zuccala's outside storage compound meets requirements. Paragraph C. Area must have minimum of fifty-four {54} vehicle storage capacity .... Eastern's outside storage area can accommodate approximately 25-30 vehicles. {There were 14 towed vehicles present at the time of site inspection. Also, an employee was standing and taping a truck in this same lot indicating area also used for body shop work). - Murphy's proposed site is approximately one acre with enough vacant land to meet the minimum storage capacity. Zuccala's outside storage compound meets minimum vehicle storage capacity and specifications. 3. Inside Storage Paragraph A. Paved floor, i.e., concrete or asphalt, free of dirt, standing water and vegetation. Paragraph E. Minimum 3 spaces required. Eastern's area indicated for inside storage is used for vehicle body repair. It is a small area, therefore, body work and vehicle storage under this contract would not be compatible in such a small area. Murphy's proposed site has enclosed space available that meets minimum capacity requirement. Space must be brought up to code. - Zuccala's inside storage space meets minimum vehicle storage capacity and specifications. CONCLUSION Based upon Section 3 of the bid proposal document titled "Consideration For Award/Award Procedures", the evaluation committee review of the bid propo- sals and facility inspections of the three lowest bidders determined that Eastern Auto Body failed to meet certain criteria and specifications as indicated. Murphy's Towing and Zuccala Wrecker Service adequately met the specifications and criteria in the bid proposal document. Murphy's Towing does not presently have a vehicle storage compound/office facility located within the Boynton Beach City limits; however, the Company has indentified a location, which was listed in the submitted proposal, in the City on West Industrial Avenue. The bid proposal document states that the office and storage facility must be fully operational within 90 days of contract award. RECOMMENDATION Therefore, the evaluation committee recon~nends the tow service contract be awarded to Murphy's Towing as the lowest, most responsive, and most respon- sible bidder. The evaluation con~nittee recommends that the Commission December 24, 1991 GEE & JENSON Engineers- A~chitects- ~ty of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Attn: Charles C. Frederick, Director Parks and Recreation Department Re: Recreation Building 'Bid Review' Dear.Mr. Frederick: Bids were received and publicly opened and read aloud on November 22, 1991 for referenced project. Of the twenty firms taking plans, fifteen firms actually submitted bids. The Bid Tabulation Sheets and Register of Bid Documents are attached to this letter. We ~eviewed the Bid Packages of the three low bidders. The apparent low bidder is Falkav, Inc. with a bid of $559,000.00; second low bidder is J.W.R. Construction Services with a bid of $567,547.00; and the third low bidder is Milne & Nichols, Inc. with a bid of $589,500.00. A1 bids are below the Architect's estimate of $624,000.00. There are, however, certain items that need to be considered prior to the City of Boynton Beach making a decision regarding the disposition of this project. - The second low bid submitted by J.W.R. Construction Services was accompanied by a Bid Bond in the amount of $500,000.00 which is insufficient to guarantee the amount of their bid. This shall constitute the bid as non-responsive and should be rejected. - The apparent low bid submitted by Falkav, Inc. was not attested by the Corporate Secretary. Our reference check of previous clients and Architects are documented in the attached telephone memorandums. Generally, our inquiries regarding the past performance of Falkav, Inc. indicated that they have experienced difficulties on previous projects and the majority of the people contacted would not recommend Falkav or gave them a low rating. However, two of the references did comment somewhat favorably and would use them again.~ The third low bid submitted by Milne & Nichols did submit a responsive bid in accordance with the Contract Documents. Our reference check of previous clients and Architects are documented in the attached telephone memorandums. All of the One Harvard C~rcte · West Palm Beach, Florida 33409-1923 · 407/683-3301 - FAX 4071686-7446 756 Rider Road Boynton Beach, F1 33435 (407) ........ , ~ (407)~' ...... l}_ All Elected Officials Wishing to Serve Their Constituents Subject: Emergency intervention needed I am writing this letter because I feel this is an emergency situation. Up until recently, local ordinances protected your constituents from the onslaught of piercing train whistles during the hours when most people slept (10pm to 6am). Recently, however, residents residing within two miles of the railroad tracks are again being subjected to the abusive train whistles during those formerly protected hours. The consequences have serious implications for students and property owners alike. Today's students have enough to contend with without being kept awake all night long due to excessive noise from train whistles. The children in my neighborhood will be bring home report cards that reflect this problem. The effects on the attitudes of adults and children following a night of interrupted sleep may not be accurately documented but there is research that proves insufficient sleep results in poor performance on the job and in the classroom. Residential property values have decreased from between 30% to 40% since the train whistle ban has been lifted. My home on the Intracoastal, four blocks from the tracks, is now worth thousands less than I owe. In addition, I have not slept a full night since and neither have many others including the children. Many of us would not have bought homes in those areas if we knew that we would not be protected from the vicious, nerve shattering and ear piercing blast of from four (4) to eleven (11) trains each night. The purpose of whistles and horns was to warn drivers of approaching trains. The lighted crossing gates do that with the assistance of the bright light on the front of the train. With less traffic at night the gates and light should be enough. After all, if someone ignores the flashing lights, the crossing arm and the blinding light of the train then a horn is not going to solve the problem. There is a point where thousands of tax paying residents have rights and this is one of them. I have written similar letters to many elected officials and have been told that it is a safety concern. I am sure that while statistics can be made to prove any point desired one point that can not be disproved is that stopping trains at night would alleviate both problems. A compromise is to stop abusing the residential areas during normal sleep hours. Please listen to your constituents in this matter, concern yourself with the negative effect this has on students and adults alike, help stem the tide of decreasing property values due to abuses by the railroads. Big money interests should not be at the expense of local residents. I am shure that you are concerned about this problem, however, action is needed to solve this situation not just lip service. Sincerely, Bill Pike XI. AGENDA January 7, 1992 CONSENT AGENDA D cc: Finance, Rec, Util Admin ABLE LAWNMOWER SALES & SERVICE, INC. 1 Power Trim Edger, 2 Echo Hedge Trimmers, 5 Green Machine Line Trimmers for Parks Dept. Pay from General Fund---001-722-5-641-00 2,221.68 ALLIED LIME Blanket P.O. 221 - Pebble Quick Lime for Water Plant. Pay from Water & Sewer Rev---401-332-5-365-00 8,839.85 ATKINSON, DINER, STONE, COHEN & KLAUSNER, P.A. Professional services - Dwyer Vs Police Pension Board of Trustees. Pay from Police Pension Fund---612-138-5-468-00 5,647.97 AUTOMATED BUSINESS SYSTEMS, INC. 1 Lathem Time Clock, Computer Software for Clock, 2 Card Racks, 50 Cards and 43' Computer Cable for Utility Dept. Pay from Water & Sewer Rev---401-362-5-642-O0 $1620.00 " " " " " 401-391-5-672-00 153.00 1,773.00 BOARD OF COUNTY COMMISSIONERS PARKS & RECREATION DEPT. Boynton Beach Golf Course property assessment by Solid Waste Authority for fiscal year 1992. Pay from Sanitation Fund---431-341-5-490-O1 5,064,51 BOWER AMMONIA & CHEMICAL COMPANY Blanket P.O. 192 - Anhydrous Ammonio Gas for Water Plant. Pay from Water & Sewer Rev---401-332-5-365-00 1,593.84 DAVIS WATER & WASTE INDUSTRIES, INC. 5,664.00 Blanket P.O. 230 - Scrubber Rental - $4500.00; P.O. 430 - 150 6" Retainer Glands w/accessories for Utility Constr. - $1914.00. Pay from Water & Sewer Rev---401-352-5-499-00 $4500.00 " " W & S Utility Rev---421-000-O-690-21 1914.00 EASTMAN KODAK COMPANY Maintenance Agreement for IBM 70 Copier in City Clerk's Dept. Pay from General Fund---001-194-5-422-O0 1,705.11 ERNST & YOUNG Professional services rendered in connection with audit of City's 9/30/91 financial statements. Pay from various department. 15,000.00 COMMISSION APPROVAL 10. FLORIDA LEAGUE OF CITIES A-4 Boiler & Machinery insurance policy from 12/5/91 to 12/5/92. Pay from Self Insurance Fund---622-195-5-442-00 5,357.00 11. GAMETIME Playground equipment for Parks - 1 each Spiral Slide Dome, Space Arch, Police Car Saddlemate, 2-Seat Airplane, Rocket Saddlemate and Mini-Bike Saddlemate. Pay from Public Svs. Tax Constr.---301-722-5-634-00 9,716.00 12. GEOTEC, INC. Boynton Beach Landfill Well Monitoring. Pay from Sanitation Fund---431-341-5-490-06 3,800.00 13. GEE & JENSON ENGINEERS, ARCHITECTS, PLANNERS, INC. Professional services - Inv. 32398 dated 10/17-91 - $2040.00; Inv. 34241 dated 12/24/91 - $2040.00; for City Engineer Re tainer Meeting Attendance. Pay from Water & Sewer Rev---401-392-5-462-00 4,080.00 14. HECTOR TURF 1 Sod Cutter for Golf Course. Pay from Golf Course Fund---411-726-5-680-08 "Best of 3 quotes" 1,995.00 15. INSURANCE SERVICING & ADJUSTING COMPANY Inv. 06170 for Worker's Comp. Claims Administration Services 11/16/91 to 12/16/91. Pay from Self Insurance Fund---622-195-5-134-O0 1,020.00 16. KAISER/ESTECH (DIV. VIGORO IND. INC.) Fertilizer for Golf Course. Pay from Golf Course Fund---411-726-5-366-O0 1,600.00 17. KUSTOM SIGNALS, INC. 2 Trooper moving/stationary K Band Radar Units for Police Dept. Pay from General Fund---001-211-5-642-O0 "Sole Supplier" 1,820.00 18. M/J ELECTRIC COMPANY 1 - 60HP 480 Volt rewind and new bearing for Water Plant. Pay from Water & Sewer Rev---401-332-5-433-00 1,089.00 19. MICRO AGE COMPUTER CENTERS 2 IBM Proprinters, 3 Displaywrites, and 1 Laser Printer. Pay from various departments. 1,225.40 'COMMISSION JAN ? 1992 APPROVAL 20. 21. 22. 23. 24. 25. 26. 27. 28~ MOTOROLA INC. 3 Smartnet Portable Radios and 3 Public Safety Speakers for Police Dept. Pay from General Fund---001-211-5-690-05 THE NEWS Legal Ads for November, 1991. Pay from General Fund---O01-122-5-470-13 " " " " 001-122-5-475-00 $2207.76 648.26 NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT Payment #6 - Permit application for Federal EPA - National Pollutant Discharge Elimination System (NPDES). Pay from Utility Cap. Improve.---404-000-0-691-10 PALM BEACH COUNTY HEALTH UNIT Application for annual license to operate the Boynton Beach Water Treatment Plant. Pay from Water & Sewer Rev---401-332-5-470-02 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-O0 ROBERTS & REYNOLDS, P.A. Professional services re: Mason vs. City - $530.51; Fuller vs. City - $1686.38; Blackmon vs. City - $745.87. These are Police Liability Cases; attorneys are selected thru-the Fl. Municipal League. Pay from Self Insurance Fund---622-195-5-468-00 THE RYLAND GROUP, INC. Refund of Sewer & Water fees paid on permit #91-0320 which had been previously paid on permit #89-4510 which was subse- quently voided. Pay from Utility Cap. Improve.---404-000-4-433-60 $1666.00 " " " " " 404-000-4-435-80 532.00 SOUTHEASTERN MUNICIPAL SUPPLY 200' of Sewer Pipe, 3 8" x 6" P.V.C. Pipe, 50 6" Retainer Glands w/acc and 40 Cast Iron Valve Boxes. Pay from Water & Sewer Rev---401-333-5-390-05 $1040.00 .... " " " 401-351-5-430-06 1595.00 SPALDING SPORTS 500 Dozen Range Balls for Golf Course. Pay from Golf Course Fund---411-725-5-381-00 6,075.00 2,856.02 3,550.00 2,500.00 21,235.50 2,962.76 2,198.00 2,659.00 2,650.00 COMMISSION JAN ~ 1992 29. 30. 31. 32. 33. 34. 35. 36. 37. STANLEY CONSULTANTS OF FLORIDA, INC. Engineering/Construction Management Services for WWTP, Raw Water Mains 4W-11W from 10/27/91 to 11/30/91. Pay from 1990 Constr. Fund---409-000-0-690-10 TARE LAWN MAINTENANCE Blanket P.O. 68 - Landscape Maintenance Services. Pay from General Fund---001-722-5-430-15 UNIJAX 10 cases Jumbo Towels, 15 cases Toilet Tissue , 2 pails Floor Finish and 4 pails Showplace Floor Finish (5 gallon pails) for Warehouse. Pay from Warehouse Fund---502-000-0-410-11 VANCE & DONEY, P.A. Professional services re: Finizio vs. City of Boynton Beach. Pay from General Fund---O01-141-5-468-00 WHEELER FERTILIZER CO. Bulk Fertilizer for Golf Course per bid specifications. Pay from Golf Course Fund---411-726-5-366-00 Commission approved 12/3/91 COMPUADD PC components - Super VGA Monitor, 80MB Hard Disk & Diskette Drives to be used in Personnel for Computer Assisted Perfor- mance Evaluation. Pay from General Fund---001-135-5-670-02 DE BRA TURF & INDUSTRIAL EQUIP. CO. 1 Cushman Riding Mower for Parks Dept. Pay from General Fund---001-722-5-973-00 "State Contract 515-630-91-1" ELKINS CONSTRUCTORS, INC. East Water Treatment Plant Improvements - Est. ~16. This payment constitutes final payment and release of retainage. Pay from Utility Cap. Improve.---404-O00-0-690-10 MICRO-AGE COMPUTER CENTERS, INC. 1 IBM Laser Printer for Personnel to be used for Computer Assisted Performance Evaluation. Pay from General Fund---001-135-5-670-02 19,385.00 2,115.00 1,361.10 1,762.76 5,325.16 2,320.25 5,680.00 140,736.65 1,531.90 COMMISSION JAN ? ]992 APPROVAL These bills have been approved and verified by the department heads involved, checked and approved for payment. Diane Reese, Assistant Finance Director I therefore recommend payment of these bills. ycott Miller,'--~ity Manager COMMISSION JAN ? ]992 APPROVAL