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Minutes 12-17-91MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEMBER 17, 1991 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 7:00 p.m. After a moment of silent prayer, the Pledge of Allegiance to the Flag was led by Commissioner Aguila. AGENDA APPROVAL 1, Additions, Deletions, Corrections Commissioner Aguila added an item under VIII, E-1 which would consist of an update on the Cost Recovery Ordinance development plans. He also asked for an update on the Lloyd Millanise par- cel. City Manager Miller asked that an item be added under X-F with regard to the sale of surplus equipment for the Jet Vac Truck. The City holds a proposal which is good until December 18th. Adoption Vice Mayor Harmening moved the adoption of the agenda as amended. Lynne Matson seconded the motion which carried 5-0. ANNOUNCEMENTS Introduction of new Project Director for Boynton Community Life Center - Pamela Whirring Mayor Weiner welcomed Ms. Pamela Whirring. Ms. Whirring has just relocated to Boynton Beach from New York where she spent the past six years in an organization similar to the Boynton Community Life Center. The Boynton Community Life Center has been funded through the Childhood Early Intervention Program. It is a demonstration program. This will cover the areas around the Poinciana School district. The mission of the program is to work intensively with seventy- five families in the area. The Center attempts to recruit~women during pregnancy and work with them throughout the pregnancy and the birth of the child and until the child is three years of age. 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Their goal is to improve health education and general education to increase self-sufficiency. The Center is also attempting to develop a system to provide information and referral in education to the entire community. They are hoping to work closely with the City to achieve their goals. PRESENTATIONS Service Awards for City Employees City Manager Miller stated that several times throughout the year, employees are recognized for their lengths of service with the City of Boynton Beach. Both he and Mayor Weiner recognized the following employees: 30 Years of Service Carolyn Sims, Recreation Supervisor 25 Years of Service James Patterson, Recreation Supervisor 20 Years of Service William Cavanaugh, Fire Prevention Officer Alma Cook, Assistant City Treasurer Thomas Dettman, Deputy Police Chief Luddy Gene Kight, Paramedic Officer Gilbert Rahrig, Firefighter III Robert Richardson, Fire Lieutenant 15 Years of Service Daniel Bell, Fire Captain William Hilliard, Equipment Operator II, Parks Eugene Lusk, Facilities Management Supervisor Charlene Trail, Clerk III, Recreation 10 Years of Service John Bebensee, Life Guard Ronald Godfrey, Refuse Collector Jeffrey Harner, Equipment Operator II, Parks Andrew Kalin, Detective, Police Department Dean Newell, Firefighter III Henry Ostaszewski, Sr., Beach Parking Attendant Andrew Podray, Firefighter III/Paramedic Willie Roberts, Equipment Operator III, Sanitation Edward Rothrock, Firefighter III William Shortley, Police Officer Mark Snow, Firefighter III John Wildner, Parks Superintendent Cynthia Woodward, Clerk III, Utilities Department Louis Zeitinger, Police Officer MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Paul Levine, President, Village Royale on the Green Homeowners Association presentation to Police and Fire Departments Mayor Weiner introduced Paul Levine, President of the Village Royale on the Green Homeowners Association who approached the podium to make a presentation. Mr. Levine recognized all of the City Commission. He stated the new Commission has formed an efficient organization and has restored peace and harmony. Because of the outstanding job done by the Police in crime pre- vention and criminal apprehension, Village Royale on the Green presented checks totaling $1,000 to be deposited into the Police welfare fund. This donation is in appreciation of a job well done. In addition, for its outstanding work performance, the Fire Department/Rescue Squad was presented with checks totaling $1,000 which can be used to purchase needed equipment. Holiday Parade Awards Presentation Diane Valentini of the Recreation and Parks Department said the 21st Annual Holiday Parade was quite successful. Mayor Weiner stated the Holiday Parade was outstanding and there was more par- ticipation by people along the route this year than in the past. She announced the winners of the awards which were presented by Santa Claus: Mayor's Award - Eaglettes Most Outstanding Float - Hagen Ranch Elementary School Best Float Pertaining to Theme - Bar and Ferg Best Church Float - Ascension Lutheran Church Best Youth Decorated Float - Plumosa Elementary School Best School Entry - St. Joseph's Best City/Town or Government-sponsored Float - Town of Lantana Best Marching Unit - Brownie Troop 467/Junior Troop 501 Best Commercial Float: a) Commercially-made and prepared - Murphy's Towing b) Made by a business from scratch - McDonald's of Boynton Beach Best Marching Band - Atlantic High School Best Character Costume - Frosty the Snowman - sponsored by Carney Bank Pets on Parade - City of Boynton Animal Shelter Most Entertaining Unit - Amara Shriners Judges' Award - Boynton Inlet Fishing Club Also recognized by Mayor Weiner were the Grand Marshals and the McVey familY who was the first family in the Parade. The Palm 3 MI~JTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Beach Post, the Sun Sentinel, Prime Bank, WRMF and the Boynton Beach Rotary Club sponsored the Parade. The staff of the Recreation and Parks Department was thanked for their contribu- tion in making the Parade possible. Mayor Weiner thanked Santa Claus~ Annual Report by Don Balmer, Chairman - Civil Service Board Mr. Don Balmer presented the Annual Report of the Civil Service Board. As of October 1, 1991, the City employed 767 people. 123 employees were hired through fiscal year 1990-91. 820 applica- tions for employment were received in the Personnel Department during the year. Civil Service examinations were given to 240 people. One hearing was conducted during the year with the Board ruling in favor of the City. During the coming year, the Board will review the amendments to the Civil Service Rules and Regulations. Mr. Balmer wished all a happy holiday season. Mayor Weiner thanked Mr. Balmer for the hard work done by the Civil Service Board and stated they do a marvelous job. Certificate and Award of Financial Reporting Achievement to Diane Reese, Assistant Finance Director City Manager Miller and Mayor Weiner recognized Grady Swarm and the staff of the Finance Department for their work in the pre- paration of a financial report which was submitted to the Finance Officers Association. This report won a Certificate of Achievement in Excellence. This is the highest award a City finance department can be given. The City has won this award for twelve years. In addition, City Manager Miller presented a Certificate of Achievement to be given to Diane Reese. She was unable to attend the Commission meeting. BIDS Sanitary Landfill closure for the City of Boynton Beach - Consideration of awarding bid and authorizing execution of contract for the project (Proposed Resolution No, R91-207) City Manager Miller reported the City received two bids on this item; one from Southport Dredging, Inc. in the amount of $280,124 and the other from ERC General Contracting Services, Inc. in the amount of $447,892.44. The consulting engineers on this project, Post, Buckley, Schuh & Jernigan, Inc. recommend using the low bidder, Southport Dredging, Inc. 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Motion Vice Mayor Harmening moved to select the low bidder as selected by Post, Buckley, Schuh & Jernigan in the amount of $280,124 and directed the Mayor and City Clerk to sign the appropriate resolu- tion. Commissioner Aguila seconded the motion. Commissioner Aguila questioned Paragraph #2 of Carrie Parker's Memorandum #91-310. Ms. Parker explained that this is a follow up to an original project. Cost negotiations were done with regard to what the City would cover and what Post Buckley would cover. She reported that Post Buckley notified the City Manager today that they will pick up the entire $11,655. A settlement will be brought back to the Commission The motion carried 5-0. PUBLIC HEARIN~ Project Name: Agent: Owner: Location: Description: Little Dude Ranch Day Care Center Ray F. Flow Ray F. and Sharon G. Flow 3520 Old Boynton Road; the southwest corner of Old Boynton Road and Knuth Road CONDITIONAL USE: Request for conditional use approval for an existing 8,920 square foot day care center serving 200 children Chris Cutro explained this site was annexed into the City earlier this year. It was developed in Palm Beach County. The Planning and Zoning Board recommends approval of the use subject to staff comments. Motion Vice Mayor Harmening moved the conditional use be granted for the Little Dude Ranch subject to staff comments. Commissioner Artis seconded the motion. Mayor Weiner asked that the motion be amended to approve this use subject to all appropriate life safety codes. Commissioner Matson expressed concern about a discussion at the Planning and Zoning Board meeting regarding sprinklers. Vice Mayor Harmening agreed to the amendment to his motion and Commissioner Artis seconded that amendment. Attorney Cherof recommended that the condition be a prerequisite to the issuance of an Occupational License. Commissioner Aguila was dissatisfied with the number of incon- sistencies in the back up concerning this application. On Page MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 12 of the packet, the application shows 182 children. The site plan shows 180 children and the description shows 200. What is the true figure? Mayor Weiner stated that as of today, the registration is 181. Commissioner Aguila pointed out this is a zoning issue and zoning criteria and HRS criteria must be met. They are compelled to have so many square feet of play area, and so many square feet of indoor area based on HRS criteria. City Manager Miller suggested putting the number on the Occupational License and the number will be brought back to the Commission for their information. On Pages 2 and 3 of the report, there are many recommendations. Commissioner Aguila feels that by recommending, the developer gets the impression that he has an option. If a condition is to be placed on the use, then it should be firm and not a weak recommendation. There was a recommendation from the Police Department that the driveway on Old Boynton Road be limited to right turns only. This is a good recommendation. There should be a no left turn sign erected and it should be enforced. It was further recommended that the painted medians and landscape medians at the drop off be posted with "No Parking" signs. This must be strictly enforced. A dangerous situation now exists. Regarding the issue of sidewalks, a good Planning recommendation was weakened. Either there is a Code which is supported and enforced, or it should not appear in the report. Regarding parking spaces, the Code requires twenty-five spaces. There is nothing the City can do since it is physically impossible to put more parking spaces on that site if the bus is kept on the site. Commissioner Aguila further stated that a lighting plan must be submitted which must comply with City standards. The same applies with signage. In summary, Commissioner Aguita reviewed what the applicant needs to supply to attain conditional use: 1. A current survey (as of December 17th) 2. A site plan which reflects exactly what is existing 3. A current landscape plan 4. Current floor plans, and elevations including the sign 5. Drainage and water/sewer plans Chris Cutro stated one problem experienced with this application is the fact that this application had already been built in the 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17 , 1991 County and he was not certain of his boundaries in imposing con- ditions. That was the reason for writing these conditions as recommendations. Work will be done to have the applicant comply with as many conditions as possible. Kieran Ktlday and Ray F10w approached the podium. Mr. Kilday stated this existing building was built to Code and to rectify a sprinkler system would require a change to the building. Commissioner Aguila stated the sprinkler system is not relevant in this issue. It is a building safety issue. Mayor Weiner reiterated that the Commission asked that the motion be approved subject to all appropriate life safety codes. Mr. Kilday was agreeable. The motion carried 5-0. Project Name: Agent: Owner: Location: Description: Mall South Kieran J. Kilday, Kilday & Associates Bill R. Winchester, Elsie A. Winchester, Ernest Klatt and Winchester, Winchester, Zieher & Schroeder Property totaling 51.05 acres located on the west side of Congress Avenue between Old Boynton Road & Boynton Beach Boulevard LAND USE ELEMENT AMENDMENT/REZONING/ COMPREHENSIVE PLAN TEXT AMENDMENT: Requests to show annexed land as Local Retail Commercial, to rezone from AR (Agricultural Residential) in Palm Beach County to C-3 (Community Commercial) and AG (Agriculture) and to amend the Traffic Circulation Element Support Document of the Comprehensive Plan to include Winchester Park Boulevard as a city collector on the Future Functional Classification Map and to include Winchester Park Boulevard as a 4-lane divided road on the 2010 Roadway Design Map. Mr. Cutro explained this is a request for annexation, land use designation, zoning and text change. The land east of Winchester Park Boulevard will be rezoned to C-3. The balance of the land which is west of Winchester Park Boulevard will be left in the Agricultural zoning designation. Winchester Park Boulevard will be redesignated as a city collector. When the applicant does have a fixed plan, they will consider a change to PCD. The Planning and Zoning Board recommends approval. If approved by the Commission, this will go to the State and return in 90 days. 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Commissioner Matson wondered if this could be approved in concept only at this point and then ask for a petition for voluntary annexation. Attorney Cherof stated this is a petition for voluntary annexa- tion. it can be approved in concept with the understanding this is not the formal approval of that petition, but it is an indica- tion of what will come. In response to a question posed by Commissioner Aguila, Mr. Cutro stated there is no charge for the State process. All work per- formed is included in the applicant's overall fee. Mr. Kilday stated their intent is voluntary annexation and agreed they would submit a PCD appliCation. Motion Commissioner Aguila moved the approval of this application. Commissioner Matson seconded the motion. Attorney Cherof suggested this should be a motion to approve the Land Use Element Amendment, the rezoning and the Comprehensive Plan Text Amendment in concept pending the submission of petition fOr voluntary annexation. Commissioner Aguila asked that his amendment be modified as such. Commissioner Matson seconded the modification. The motion carried 5-0. Project Name: Agent: Owner: Location: Description: Water Treatment Plant Expansion Christopher Cutro City of Boynton Beach The 7.47 acre parcel located south of the Water Treatment Plant on South Seacrest Boulevard. LAND USE ELEMENT AMENDMENT/REZONING/ COMPREH~NSIVE PLAN TEXTAMENDMENT: Requests to amend the Future Land Use Element of the Comprehensive Plan from Medium Density Residential to Public and Private Governmental/Institutional, amend Area 4.e of the Future Land Use Element Support Document to remove obsolete text and rezone from R-2, Single and Two-Family Residential to PU, Public Usage. Mr. Cutro stated this is a change of land use. The will also remove obsolete text from the Comprehensive Plan which recommends this proPerty be construed for a certain use if purchased by the 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 City. It includes a zoning change from R-2 to PU. The Planning and Zoning Board recommended approval of this application. Commissioner Aguila reported that members of the audience at the Planning and Zoning Board meeting were concerned about what will happen at this site. An effort must be made to speak with the residents at Seaway Villas and make them aware of future discussions. Peter Mazzella, Assistant to the Utilities Director, stated he met with four residents from Seaway Villas yesterday when their concerns were discussed. They were assured the City will be a good neighbor by keeping as much buffer on the south as possible. At this point, there is no site plan. A low profile will be kept. Joe Delaney, of 1902 SW Golf Lane, spoke on behalf of High Point. He discussed a problem which developed when the Water Treatment Plant removes sludge from the water and carries it off by truck. When this job was performed, High Point was covered with thick dust clouds. It was necessary to keep windows closed. The swimming pool was not able to be used because of a thick layer of black dirt on its surface. High Point is located west of the Water Treatment Plant. This situation has been discussed with staff at the Plant and although they know there is a problem, nothing has been done. He distributed a letter which was written thirteen months ago. No solution has been forthcoming. He suggested the installation of trees close together to catch the dust. This has also created a health problem. Senior citi- zens with respiratory problems live in this complex and this is making the situation quite difficult. No class action suits have ever been suggested, but it is a possibility. However, the resi- dents of High Point want a solution to the problem. Mr. Kevin Hallahan stated these trees could be installed for less than $5,000. He urged the City to include this barrier in the plans. Mayor Weiner and City Manager Miller discussed this problem with Mr. Kenyon and were told that much of the dust problem has been cleared up. Vice Mayor Harmening said the contractor has been directed to use the north entrance to eliminate the dust. The operators will be responsible to see that this slime is not dropped in the dri- veway. This will eliminate 70% to 80% of the dust. Mr. Delaney thanked the Commission for their cooperation. Mr. Mazzella stated bids have been opened for landscaping around the existing Water Treatment Plant which will put more trees and foliage on the site. He suggested the residents of High Point contact Utilities if there is a dust problem. 9 MINUTES - REGULAR CITY COMMiSSiON MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Motion Vice Mayor Harmening moved that the zoning be changed from R-2 to PU on the Water Treatment Plant land, and that the Land Use Element Amendment and Comprehensive Plan Text be changed so there are no inconsistencies. Commissioner Aguila seconded the motion which carried 5-0. Project Name: Agent: Owner: Location: Description: N. Federal Highway Christopher Cutro City of Boynton Beach Lots fronting on the east and west sides of North Federal Highway between the Boynton C-16 Canal and N.E. 6th Avenue COMPREHENSIVE PLAN TEXT AMENDMENT/ REZONING: Request to amend Area 1.i of the Future Land Use Element Support Document to remove text that is incon- sistent with the proposed rezoning and to rezone from C-4 (General Commercial) to C-3 (Community Commercial). Mr. Cutro explained that at the request of the City Commission, after a discussion as to whether or not to allow auto sales on North Federal Highway, staff was asked to look at changing the zoning from C-4 to C-3 for the area north of Boynton Beach Boulevard. Traffic has decreased on Federal Highway which would constitute a change in zoning, but by changing to C-3, twenty-one additional non-conformities would be created. This would be an unacceptable situation along Federal Highway. The Planning and Zoning Board recommended denial of this application. In addi- tion, they recommended the City Commission instruct staff to look into an aesthetic or landscape overlay for the highway. Commissioner Aguila originally felt C-4 might not be appropriate in this area. This came up as a result of discussion on new and used auto, boat and motorcycle dealerships. In discussions with Mr. Cutro, changing from C-4 to C-3 might not be very practical. He feels the beautification overlay has a lot of merit; however, he does not want this limited to Federal Highway. If such an overlay is done, it should include Boynton Beach Boulevard, Woolbright and others. He recommended deleting Code Section 6, subsection B(1), Paragraph D., the sale or rental of new and used automobiles, boats, recreation vehicles, utility trailers and commercial trucks. He feels this use should be deleted in its entirety rather than change the zoning from C-4 to C-3. ~ Powell, agent for A1Dlne 7 ComDan¥, Inc,, located at 1112 North Federal Highway, mentioned this was discussed three years ago. There was a different Planning and Zoning Board and a dif- ferent City Commission. Both denied this zoning change. It makes no sense to rezone to increase non-conformities. 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 PhilliD Bacon, of 1~10 North Federal Highway, is the owner of a car wash. He has had a successful business for thirteen years. He is concerned about losing the C-4 zoning. If his business becomes a non-conformity, he will be unable to modify or improve the business. He has thought of adding a quick lube, but that would not be possible if his business becomes non-conforming. He urged the Commission to deny this request. Motion Vice Mayor Harmening concurred with all of the speakers and stated he was not in favor of this zoning change when it was first mentioned. He moved to DENY this request and suggested keeping the zoning at C-4. Commissioner Matson seconded the motion which carried 5-0. There was general consensus of the Commission for the City Attorney to draft an Ordinance for first reading to remove the sale or rental of new or used automobiles, boats, recreation vehicles, utility trailers and commercial trucks from the Appendix A Zoning Section 6, Subsection Bl(d) that is a permitted use under C-4 zoning, vice Mayor Harmening was not in favor of this change. There was general consensus from the Commission that Mr. Cutro and staff study the concept of an overlay beautification map for thoroughfares throughout the City to be presented to the Planning and Zoning Board and then to the City Commission to increase the beautification of the highways. Vice Mayor Harmening was not in favor of this plan. Mr. Cutro explained that the following applications are all items that correct recommendations which are in the Comprehensive Plan. Project Name: Agent: Applicant: Location: Description: Application #i$-A Christopher Cutro City of Boynton Beach A 0.88 acre portion of the parcel on the northeast corner of Boynton Beach Boulevard and Old Boynton Road COMPREHENSIVE PLAN TEXT AMENDMENT/ REZONING: Request to amend Area 7.a of the Future Land Use Element Support Document to remove text that is incon- sistent with the proposed rezoning and to rezone from R-2, Single and Two-Family Residential to C-i, Office and Professional Commercial. This application is to remove inconsistent text from the Support Document. The rezoning will now be to C-1 as proposed by the 11 MINUTES - REGULAR CITY COMMISsiON MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 City Commission. It will be forwarded to the State and will return in 90 days. Vice Mayor Harmening wondered why the City of Boynton Beach is listed as the owner on all of these items. Mr. Cutro stated this is an error. It should read that the City of Boynton Beach is the applicant. Motion Commissioner Matson moved to APPROVE Application #13A. Commissioner Aguila seconded the motion which carried 5-0. Project Name: Agent: Applicant: Location: Description: Application #1 Christopher Cutro City of Boynton Beach A 2.03 acre block bounded by S.W. 2nd Ave., S.W. 1st Street, S.W. 3rd Ave., and S.W. 2nd Street LAND USE ELEMENT AMENDMENT/COMPREHENSIVE PLAN TEXT AMENDMENT: Request to amend the Future Land Use Element of the Comprehensive Plan from Low Density Residential to Medium Density Residential and to amend Area 4.b of the Future Land Use Element Support Document to remove text that is inconsistent with the pro- posed land use amendment. This is a change in land use from Low Density Residential to Medium Density Residential. The Planning and Zoning Board recom- mended approval. It will be forwarded to the State and return in 90 days. Motion Commissioner Matson moved to APPROVE Application #1. Harmening seconded the motion which carried 5-0. Vice Mayor Project Name: Agent: Applicant: Location: Description: Application #3 Christopher Cutro City of Boynton Beach Lots on S.E. 34th Avenue west of the F.E.C. Railroad, totaling 2.06 acres LAND USE ELEMENT AMENDMENT/COMPREHENSIVE PLAN TEXTAMENDMENT: Request to amend the Future Land Use Element of the Comprehensive Plan from Low Density Residential to Medium Density Residential to amend Area 4.h of the Future Land Use Element Support Document to remove text that is inconsistent with the proposed land use amendment. 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17 , 19 91 This is a request to change the land use from R-2 to R-1. The City Commission rejected this application and suggested it be left as R-2. The language in the text needs to be removed. The Planning and Zoning Board recommended approval of this item. Motion vice Mayor Harmening moved to APPROVE Application #3. Commissioner Aguila seconded the motion which carried 5-0. Project Name: Agent: Applicant: Location: Description: Application #10 Christopher Cutro City of Boynton Beach Lots zoned R-lA on the south side of S.E. 14th Avenue, totaling 1.17 acres LAND USE ELEMENT AMENDMENT/COMPREHENSIVE PL~tN TEXT AMENDMENT: Request to amend the Future Land Use Element of the Comprehensive Plan from Medium Density Residential to Low Density Residential and to amend Area 4.a of the Future Land Use Element Support Document to remove text that is inconsistent with the pro- posed land use amendment. The text of the Comprehensive Plan recommended this be changed to Medium Density Residential; however, it was decided to keep it at Low Density Residential. This application is to remove that text from the Comprehensive Plan. The Planning and Zoning Board recommended approval of this application. Motion vice Mayor Harmening moved to APPROVE Application #10. Commissioner Aguila seconded the motion which carried 5-0. Project Name: Agent: Applicant: Location: Description: Application #20 Christopher Cutro City of Boynton Beach Lots lying between Bernard's Restaurant and via Lago Condomiums, south of Lake Street, totaling 1.88 acres LAND USE ELEMENT AMENDMENT/COMPREHENSIVE PLAN TEXT AMENDMENT: Request to amend the Future Land Use Element of the Comprehensive Plan from High Density Residential to Local Retail Commercial and to delete Area 1.g of the Future Land Use Element Support document. The Comprehensive Plan recommended changing this from C-3 to R-3 designation. The City Commission recommended this be left at the 13 MINUTES - REGULAR CITY COMMISSION MEETIN~ BOYNTON BEACH, FLORIDA DECEMBER 17, 19 91 C-3 designation. approval. The Planning and Zoning Board recommended Motion Commissioner Matson moved to APPROVE Application #20. Commissioner Aguila seconded the motion which carried 5-0. Project Name: Agent: Applicant: Location: Description: Application #21 Christopher Cutro City of Boynton Beach Lots on the east side of North Federal Highway lying between Bernard's Restaurant and the Yachtman's Cove sub- division totaling 6.87 acres LAND USE ELEMENT AMENDMENT/COMPREHENSIVE PLAN TEXTAMENDMENT: Request to amend the Future Land Use Element of the Comprehensive Plan from High Density Residential to Local Retail Commercial and Low Density Residential and to delete Area 1.h of the Future Land Use Element Support Document. This request was to change the Comprehensive Plan to High Density Residential from Local Retail Commercial and Low Density Residential. That language will be deleted which requires that change and leave the zoning at C-3 on Federal Highway frontage and R-iA for the trailer park. This trailer park is in an irre- vocable trust. The Planning and Zoning Board recommended appro- val of this application. Motion Commissioner Aguila moved to APPROVE Application 921. Commissioner Matson seconded the motion which carried 5-0. Project Name: Agent: Applicant: Location: Description: Application %25 Christopher Cutro City of Boynton Beach Lots on the north and south sides of Boynton Beach Boulevard between 1-95 and Seacrest Boulevard totaling 8.94 acres LA2ND USE ELEMENT AMENDMENT/COMPREHENSIVE PLAN TEXTAMENDMENT: Request to amend the Future Land Use Element of the Comprehensive Plan from Office Commercial to Local Retail Commercial and to amend Area 3.f of the Future Land Use Element Support Document to remove text that is inconsistent with the proposed land use amendment. 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 The City Commission rejected the change from the C-2 to C-1 zoning district. The language will be removed from the Plan which requires it to be changed to C-1. The Planning and Zoning Board recommended approval of this application. Motion Commissioner Aguila moved to APPROVE Application 925. Harmening seconded the motion which carried 5-0. Vice Mayor Project Name: Agent: Applicant: Location: Description: Application %26 Christopher Cutro City of Boynton Beach A 1.06 acre portion of the Holiday Inn site located at the southeast corner of 1-95 and Boynton Beach Boulevard LAND USE ELEMENT AMENDMENT/COMPREHENSIVE PLAN TEXT AMENDMENT: Request to amend the Future Land Use Element of the Comprehensive Plan from Local Retail Commercial to Office Commercial and to amend Area 3.f of the Future Land Use Element Support Document to remove text that is inconsistent with the proposed land use amendment. The Comprehensive Plan recommended the designation be changed to the C-3 zoning designation. When it reached both the Planning and Zoning Board and the City Commission, it became evident that the zoning pattern put on this land was there to limit the uses on the property. This change will allow the removal of that recommendation to change to C-3. The Planning and Zoning Board recommended approval of this application. Motion vice Mayor Harmening moved to APPROVE Application %26. Commissioner Aguila seconded the motion which carried 5-0. Me Project Name: Agent: Applicant: Location: Description: Application #16 Christopher Cutro City of Boynton Beach A portion of the Lakeside Gardens sub- division; east side of North Federal Highway COMPREHENSIVE PLAN TEXT AMENDMENT: Request to amend Area 1.a of the Future Land Use Element Support Document to remove text that recommends R-iA zoning for a portion of this subdivision. 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 This recommendation was to change the zoning to R-lA. The people living in this area asked that it not be changed from R-1AA. This is to remove the language requiring that change. The Planning and Zoning Board recommended approval of this applica- tion. Motion Commissioner Aguila moved to APPROVE Application #16. Commissioner Matson seconded the motion which carried 5-0. Ne Project Name: Cedar Grove PUD CONTINUED TO THE J~UNUARY 14, 1992 Meeting at 7:00 Agent: Julian Bryan Owner: Cedar Grove Investments, N.V. Location: The east side of South Seacrest Boulevard approximately 100 feet south of S.E. 31st Avenue (South Seacrest scrub site) Description: REZONING: Request to rezone 53.69 acres from R-1AA (Single Family Residential) and R-2 (Single and Two-Family Residential) to PUD (Planned Unit Development) to allow for the construc- tion of 234 dwelling units, comprised of single-family dwellings and duplexes. Mayor Weiner announced the application will be continued to the January 14, 1992 meeting at 7:00 p.m. PUBLIC AUDIENCE Sara Williams, of 1351 SW 27th Avenue, is the Chairperson of the Martin Luther King Committee of Boynton Beach. She appeared on behalf of the Committee to appeal for financial support in helping to defray the costs associated with planned activities. She explained this Committee embodies harmony, dedication and commitment to keeping the dream of hope for a better community in Boynton Beach. Several events have been planned by the Committee. She reminded everyone present of the Freedom Banquet which will be held on January 19, 1992 from 7:00 p.m. to 10:00 p.m. at the Holiday Inn in Catalina Center. The donation per ticket is $20. There will be a Sunrise March on January 20th which will begin at 6:00 a.m. at Martin Luther King Boulevard and Railroad Ave. to NW 3rd Street onto Wilson Park for a freedom rally. A prayer breakfast will follow. The contests to be conducted will be a Black History Contest for the older children and a coloring contest for the elementary children. She requested $300 from the City to provide all con- testants with prizes. She stated the gesture of support would foster the spirit of brotherhood. She asked the Commission to consider the MLK Committee in future budgeting planning. 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Mayor Weiner stated she does plan to attend the Freedom Banquet. She further explained to Ms. Williams that the City is on an austerity budget. Employees have been fired and the City is looking at the possibility of additional layoffs. It is a very difficult time. Many groups come before the Commission for aid and in an attempt to be fair, the City has provided no money for any charity for this year. Mayor Weiner regretfully denied Ms. Williams' request for funds and hoped the City would be able to help at some time in the future. Commissioner Artis supports the celebration and will attend. She explained that by Ms. Williams speaking up at this meeting, perhaps someone would hear the plea and offer assistance to the Martin Luther King Committee. Bob Ole/%ik, Jr,, Interim Executive Vice President of the Chamber of Commerce, spoke with the incoming President and they have agreed to support the Martin Luther King Committee and fund the purchase of trophies from their Community Development funds. Bob Fetrow, of Gator Engineering Services Inc,, 200 Knuth Road, Suite 214, Boynton Beach, He read from a prepared statement. He claimed he became aware of a memo generated by the City Manager to the Building official. Allegations were made that illegal engineering practices and infractions of Florida State Statute were made by Mr. Fetrow and his organization with regard to designing projects within the City. He felt the memorandum was inappropriate and incorrect. Mr. Fetrow and his organization investigated the accusations and determined they were acting within the law with regard to the project in question. He was more disturbed that a member of the City Commission conducted reviews of several of his projects. This Commissioner is employed by a local professional design organization in com- petition with Mr. Fetrow's firm. He feels the Commissioner has misused his power for his organization's gain. He suggested the Commissioner's actions be investigated. He further suggested a written apology for the uncalled for actions. Commissioner Aguila clarified the situation. He explained that Commissioners receive phone calls and letters from people making claims about issues and request answers. When he receives a call or a letter from anyone in the City of Boynton Beach, he investi- gates the situation. In Mr. Fetrow's case, someone called and stated that while in the Building Department he saw a set of drawings for a project. They were signed and sealed by a registered engineer. As he under- stood the Code, an engineer is not allowed to sign and seal a drawing of the magnitude and square footage of the project in question. He sent copies of the Ordinance to Commississioner 17 BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Aguila. Commissioner Aguila took the information and investi- gated how to handle it. Since Commissioners cannot investigate within departments in the City, he notified the City Manager of the situation and requested help in investigating. If the facts were found to be legitimate, then Commissioner Aguila would follow up. If not, it would end there. Commissioner Aguila and a member of the City Manager's Office reviewed the plans for the particular project in question. They were signed and sealed. It appeared that what the accuser was saying was based on fact. Commissioner Aguila wrote to Mr. Miller to investigate and determine the necessary action. Commissioner Aguila was aware a memo had been written by City Manager Miller to Don Jaeger and he had responded, but Commissioner Aguila had not seen either memo. He does not know the result of the investigation at this point. Mr. Fetrow distributed copies of a memorandum #91-292 dated November 19, 1991 which Commissioner Aguila never saw before this meeting. Other members of the Commission also stated they had not seen the memorandum. Commissioner Aguila told Mr. Fetrow his investigation was not a personal attack. He did not take advantage of his position, but was following up on a claim. He did what he was elected to do, with an open mind and would do it exactly the same way again in the future. Vice Mayor Harmening stated he was not privy to the memorandum; however, the proper way to handle this woUld be to refer this to the DPR and the Engineer Examiners Sub-Board of the DPR. Commissioner Matson agreed she would have investigated the situation in the same manner. Robert Brown, of 902 S, Seacrest Boulevard, explained that he has boat dock permits on a parcel of property on the Intracoastal. He has all the State and Federal permits for the dock and asked the Commission to consider allowing him to obtain a building per- mit for the dock only under hardship circumstances because all of the permits are unconditional except the permit from the U. S. Army Corps of Engineers which will expire this month. If the building permit is pulled, the permit from the Army Corps of Engineers will not expire. Vice Mayor Harmening explained that a dock is an accessory struc- ture and it cannot exist without a main structure. 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 City Manager Miller pointed out there is a process in place through the Building and Engineering Departments for building permits. No one else can issue building permits. Mr. Brown stated he was tOld this dock is an accessory, but under hardship circumstances, the Commission could override it. Attorney Cherof stated he knows of no provision of the Code which would permit the Commission to waive the requirement of the Building Code for permitting. Mr. Fetrow offered to provide the Code provision but Attorney Cherof would need time to investigate it. Commissioner Matson was not comfortable with this situation. Mayor Weiner felt the Commission could not help Mr. Brown at this time. DEVELOPMENT PLANS Boynton Lakes Plaza Site Plan and Preliminary Plat Extension Mr. Cutro explained that representatives of Boynton Lakes Plaza requested an extension for the concurrency, site plan review and preliminary plat. The City Commission approved this on December 18, 1990 and it will expire shortly. The Planning and Zoning Board approved the concurrency extension on December 10, 1991. The preliminary plat extension is for the developer to complete and finalize their plat. In response to Commissioner Aguila's request for clarification, Mr. Cutro explained that at the meeting of the Concurrency Review Board, it was determined that a condition should be attached to the concurrency that the driveway on Boynton Lakes Boulevard be closed. It has nothing to do with concurrency and Attorney Cherof determined no conditions could be attached to the con- currency. There was further discussion about correspondence crossing in the mail and the late receipt of correspondence per- taining to this issue. Mayor Weiner pointed out that she received the Engineering memorandum at 5:00 p.m. today. She wondered how the Commission is to deal with items received so late on the meeting day. She questioned City Manager Miller about how this happened. Mr. Miller received the memorandum on Monday and spoke with the City Engineer and Mr. Cutro on Tuesday afternoon. Neither of them were aware of the memorandum. It was not brought up at the time it went before the Planning and Zoning Board. It contains information the Commission needs to be aware of. Mr. Miller intends to find out what prompted the memorandum. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Commissioner Matson suggested the Commission direct Mr. Cutro to work with the County and the developer to get the canal culverted as soon as possible. Mayor Weiner was not sure how to handle this item and Vice Mayor Harmening suggested if the Commission is interested in granting the extension, then possibly it should be granted until the next Commission meeting so that all the details could be worked out. Commissioner Aguila suggested granting the extension and disre- garding the memorandum. Commissioner Matson agreed. Allen Goins, representative for the owner, has worked on the pro- ject for the past year. He stated 'they have been working to accomplish their goals. They need financing and tenants to make the project viable. There have been encouraging developments of late with regard to financing. They have met with the homeowners and Commissioner Matson and addressed the concerns with regard to the Boynton Lakes entrance. They have looked at the area and agree to close the entranceway. Regarding culverting, this will be the first thing they will do before earth work is started. It is difficult to agree to a time frame at this time. He agreed to do this work as soon as possible. 90% of the shopping center is committed to. Mayor Weiner informed Mr. Goins of the conditions mentioned in Mr. Walker's memorandum. Richard Staudinger spoke with Mr. Walker about the details of his memorandum. The time frame was discussed. He does not have a need to have that time frame exactly adhered to. He wants the improvements done. The culverting of the canal will permit the widening of westbound Hypoluxo Road to put in a dual left-turn lane. If the canal does not get culverted, the County would have to scrap the plan and go to another plan to modify that intersection design. Commissioner Aguila again suggested ignoring this memorandum and dealing only with the time extension. Commissioner Matson confirmed that the developer would be agreeable to closing the wall on Boynton Lakes Boulevard. She asked if he was agreeable to a second winged wall for double buf- fering the homes on Boynton Lakes Boulevard. The developer will investigate this possibility. She asked that deed restrictions remain in perpetuity as a condition to the site plan extension. He agreed to deed restrictions discussed in the past. Motion Vice Mayor Harmening moved to grant the six-months extension as requested for the Boynton Lakes Plaza site plan and preliminary plat extension. Commissioner Aguila seconded the motion which carried 5-0. 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Commissioner Matson thanked Mr. Goins for addressing the concerns of the residents. LEGAL A, Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No, 091-82 - Re: Reapportionment of the City's four (4) voting districts and providing for an amendment to boundary descriptions of said district Attorney Cherof read Proposed Ordinance No. 091-82 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR REAPPORTIONMENT OF THE CITY'S FOUR VOTING DISTRICTS; PROVIDING FOR AMENDMENT TO THE BOUNDARY DESCRIPTIONS FOR THE FOUR (4) VOTING DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Aguila moved the approval of Proposed Ordinance No. 091-82 on second reading. Commissioner Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. Proposed Ordinance No, 091-83 Re: Adopting a policy setting forth criteria and prerequisite for accepting letters of credit by the City in conjunction with developer agreements, contracts, and other contrac- tual obligations Attorney Cherof read Proposed Ordinance No. 091-83 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CREATING A NEW ARTICLE XVIII, OF APPENDIX C OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, TO BE ENTITLED "POLICY FOR ACCEPTING LETTERS OF CREDIT", AND RENUMBERING THE EXISTING ARTICLE XVIII, ENTITLED "LEGAL STATUS"; PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVIDINGAN EFFECTIVE DATE. Motion Vice Mayor Harmening moved the approval of Proposed Ordinance No. 091-83 on second reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Ordinances - 1st Readinq None Resolutions Proposed Resolution No. R91-206 Re: Surety Reduction for Boynton Lakes North PUD Plat 4, $, 6, 6A and Boynton Lakes Boulevard ................ TABLED Commissioner Aguila moved to remove this itme from the table. Commissioner Matson seconded the motion which carried 5-0. Attorney Cherof read Proposed Resolution No. R91-206 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE REDUCTION OF SURETY FOR BOYNTON LAKES NORTH P.U.D.; AND PROVIDING AN EFFECTIVE DATE. Commissioner Matson stated there are problems in the community which are not related to the bonds and cannot be addressed by the bonds but asked that the record reflect that the fact that the landscaping across the Hypoluxo canal is dead. This area is being mentioned because the developer was told about the land- scaping dying within six months of its planting. Mr. Staudinger will add this item to his punch list. The City still holds a $10,000 bond on Plat #6. The bond on Boynton Beach Boulevard will remain in place. Rick RoSsi, of Rossi, Malavasi, is the engineer on this project. He wondered if a bond had been placed for the landscaping. Commissioner Matson stated landscaping is mentioned in the bond. There was no physical bond. He clarified that if there is a problem with the landscaping, but the landscaping is not part of the bond, the release of the bonds could not be delayed. Motion Vice Mayor Harmening moved to reduce the bond for Boynton Lakes PUD North Plat #4 to 0, Plat #5 to $50,000, Plat #6 to $10,000 and Plat #6A to $10,000. The Boynton Lakes bond is not being reduced. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No. R91-208 Re: An Amendment to the Agreement between Gee ~ Jenson and the City of Boynton Beach providing for a time extension to the Engineer on the Community Development Block Grant Project, Sub-Area No. 1 Attorney Cherof read Proposed Resolution No. R91-208 by title only: 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF'BOYNTON BEACH AND GEE & JENSON WHICH WAS EXECUTED ON JANUARY 8, 1991, REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT; SAID AMENDMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Aguila moved the adoption of Proposed Resolution No. R91-208. Commissioner Artis seconded the motion. Vice Mayor Harmening stated the sewers are only thirty years old. What is the problem? Peter Mazzella, Assistant to the Utilities Director, stated the sewers are part of the next motion; however, the sewers were televised and it was found there is a great deal of cracked pipe. If the roads are to be reconstructed or if storm drains and french drains are constructed, this is necessary to avoid cave ins. The construction costs are in the neighborhood of $60,000 to $70,000. The motion carried 5-0. Proposed Resolution No, R91-209 Re: Amending an Agreement between Gee & Jenson and the City of Boynton Beach on the Community Development Block Grant Project, Sub-Area No, 1, providing for addi- tional engineering services related to the gravity sewer system reconstruction to be included in the project Attorney Cherof read proposed Resolution No. R91-209 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 AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND GEE & JENSON ON THE COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT, SUB-AREA 1, PROVIDING FOR ADDITIONAL SERVICES RELATED TO THE GRAVITY SEWER SYSTEM RECONSTRUCTION TO BE INCLUDED IN THE PROJECT; SAID AMENDMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Aguila moved the approval of Proposed Resolution No. R91-209. Commissioner Matson seconded the motion which carried 5-0. 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Proposed Resolution No. R91-210 Re: Utility Relocation Hold Harmless Agreement between Palm Beach County and the City of Boynton Beach for the 1-95 @ NW 22nd Avenue Interchange Attorney Cherof read proposed Resolution No. R91-210 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THREE (3) HOLD HARMLESS AGREEMENTS TO PALM BEACH COUNTY HOUSING AUTHORITY IN CONNECTION WITH THE UTILITY RELOCATION FOR THE 1-95 AT NW 22ND AVENUE INTERCHANGE; AND PROVIDING AN EFFECTIVE DATE. Motion Vice Mayor Harmening moved to approve Proposed Resolution No. R91-210. Commissioner Aguila seconded the motion which carried 5-0. Other Winchester rs, Boynton Beach Board of Adjustment Case Update Attorney Cherof updated the Commission on the lawsuit between the Winchesters and the City regarding their request for a variance of the 1,000 foot distance requirement for service stations. It entails an action against the Board of Adjustment to reverse their decision and also attacks the Ordinance. The City Commission is in a position to resolve the lawsuit. By doing so, the Commission will be bypassing the Board of Adjust- ment action and permitting the use on the property. He requested authorization to enter into the appropriate settlement document with the Winchesters so that the court proceeding is brought to an end and the City is not exposed to any costs and attorney's fees Motion Commissioner Aguila moved to direct the City Attorney to resolve this legal action and reverse the Board of Adjustment case. Vice Mayor Harmening seconded the motion. The motion carried 5-0. Mayor Weiner asked for the status of the Ordinance. City Manager Miller reported the Planning and Zoning Board heard it one week ago. It was tabled and sent back to the Planning Department for additional work. It will return at the January meeting. 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Mr. Cutro stated the Planning and Zoning Board only wants to see the final language. He and Attorney Cherof will work on that and bring it back to the Commission at the second meeting in January. Mayor Weiner wants this moved forward expeditiously and wants it sensitive to the residential communities. Mr. Cutro feels that has been accomplished. Commissioner Aguila suggested reviewing the Ordinance very care- fully so as not to create a large number of non-conformities. Ratification of Settlement as per Florida Litigation in the Sunshine Statute - Walboyn Development Corporation Attorney Cherof stated that under Florida Statute, it is required that settlements be advertised. This is the first one in that particular category. These are settlements made in conjunction with court claims arising out of negligence. Motion Vice Mayor Harmening moved to APPROVE the settlement with Walboyn Development Corporation for $6,000. Commissioner Aguila seconded the motion which carried 5-0. OLD BUSINESS Establishing the format and meeting dates for the review of the concept plans for the five ($) park projects (Boynton Lakes North, Meadows - 2, Intracoastal Waterway, Quantum) city Manager Miller reported that WRT and Gee and Jenson have developed concept plans. Mr. Frederick suggested dates be arranged for review of these plans. A decision needs to be made as to which parks will be discussed at each meeting. Commissioner Aguila suggested that a night be arranged where the plans for all of the parks would be displayed on boards in Chambers so that the public can view the plans and remark on comment sheets provided by the City. At the following meeting, the remarks can be evaluated. Commissioner Matson feels there are too many parks to discuss in one evening. She agrees with the viewing, but feels the neigh- borhood parks should be discussed at one meeting with the regional parks being discussed at a separate meeting. Charles Frederick had no problem with such a plan. The archi- tects will be agreeable with whatever the City wants. 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 It was decided that January 6th will be the informal display of the plans with the architects present. Follow-up meetings will be held on January 23rd and January 29th at 7:00 p.m. Mr. Frederick has a list of names of those who attended the ori- ginal meetings for a direct mailing. The press will be contacted to supply advertisement. City Manager Miller suggested a drop off at all of the homes in Boynton Lakes. Consider approval to close off NW 1st Street for conver- sion to a secured parking lot between NW 9th Court and NW 10th Avenue ........................................ TABLED Motion Commissioner Artis moved to removed this item from the table. Vice Mayor Harmening seconded the motion which carried 5-0. City Manager Miller requested authorization to close NW 1st Street to provide a secured parking lot for Sara Sims Park. Commissioner Aguila questioned what is happening on the west side. Mr. Frederick stated the west side is the park side. On the south side, there is a gate only which will close the lot when the park is closed. The purpose of the bollards is to protect the outer edge of the gate so that people cannot drive around the gate and enter. Commissioner Artis asked for Mr. Frederick's opinion on the cable and bollard versus the fence. He explained this would tie in with what is already there and it serves the same purpose as the fence. Motion Commissioner Artis moved to APPROVE the closing off of NW 1st Street and provide for the funding as indicated. Commissioner Aguila seconded the motion which carried 5-0. NEW BUSINESS Consider authorizing the sale of beer at the Great American Love Affair (G,A,L,A,) in March, 1992 for the purpose of raising funds City Manager Miller explained the Recreation and Park Department memorandum with regard to the sale of beer at the G.A.L.A. Vice Mayor Harmening feels it is inappropriate for the City to be the purveyor of alcoholic beverages and he is not in favor of this item. 26 MIN~JTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Commissioner Artis questioned the liability on the part of the City if someone drank too much and was injured. Ms. Cox explained that the City would need liquor liability insurance. Sales would be limited to two drinks per person which Would be served in a beer garden only. City Manager Miller stated the Chamber of Commerce did a very good job at the Seafood Festival. Vice Mayor Harmening again reiterated that he is opposed to going along with this. Commissioner Artis is opposed to this since as a teacher, she promotes a drug-free environment. Commissioner Matson is in favor of the sale of beer by the Chamber of Commerce at the G.A.L.A. She was involved in the sale of beer at the Seafood Festival. It was a controlled environment and there were no problems. She sees this as an opportunity to raise funds for the July 4th fireworks. When questioned by Mayor Weiner about her statement on funding the July 4th fireworks, Commissioner Matson recalled attending a workshop with the Chamber of Commerce where there was consensus this was a very good idea. Vice Mayor Harmening stated he may not have objected, but he did not think this was a wonderful idea. Mayor Weiner is opposed to the City selling beer and pointed out that the only way this would fund the fireworks is if the City did this alone. If the Chamber performs the sales, they will want a percentage of the profits. Bob Olenik, Jr, stated the Chamber has not gotten to the details of percentages as of yet. However, he stated that the Chamber of Commerce and the Special Events Committee of the Chamber of Commerce agreed to help fund the July 4th fireworks program since the City has not funded this project in their budget. Vice Mayor Harmening stated it is too early to determine whether or not there will be a fireworks display on July 4th. Commissioner Aguila does not think the City should sell beer; however, he does not have a problem with beer being sold at the G.A.L.A. He would not be opposed to the Chamber selling beer and running that particular function. Because of the fact that the Commission was split on this item, Mayor Weiner decided to vote against the sale of beer at the G.A.L.A. She feels the Commission should be united on such a decision and realizes the importance of Commissioner Artis' discomfort with this issue. 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Motion Commissioner Aguila moved to APPROVE the sale of beer at the G.A.L.A. Commissioner Matson seconded the motion. The motion failed 2-3. (Mayor Weiner, Vice Mayor Harmening and Commissioner Artis cast the dissenting votes.) There will be no sale of beer at G.A.L.A. Items for discussion requested by Commissioner Lynne Matson: Update on the work product of the Code Revision Committee Commissioner Matson stated this Committee was voted on by the Commission in April and she thought the revisions would be before the Commission in October or November. She asked for an update. Commissioner Aguila pointed out this was one of the first things done by the Commission because of its importance. He stated he will be looking for a list of goals and dates of accomplishment. City Manager Miller explained that some of the projects are not as far along as had been anticipated but the Planning Department was functioning with less people than anticipated. In addition, several projects assigned to the Planning Department by the Planning and Zoning Board, the City Manager's Office and the City Commission, have taken precedence over other projects. He and Mr. Cutro discuss all of these projects each week to determine the status of each. Commissioner Aguila is aware of this situation, but feels the Commission should be kept apprised of the status of these pro- jects. Commissioner Matson hopes this project will come back to the Commission before February. Vice Mayor Harmening asked to be included in the meetings of the Code Revision Committee. Commissioner Aguila stated that when the Committee was approved, Commissioner Matson wanted to be part of it. He objected because it seemed improper for a Commissioner to be involved in rewriting the Ordinances. Vice Mayor Harmening does not want to be a member of this Committee, but wants to monitor the actions of the Committee. Commissioner Aguila asked Attorney Cherof if it is appropriate for a Commissioner to be in attendance at these meetings. Attorney Cherof did not feel there was a problem with the Commissioners attending the meeting; however, their participation could be a problem. 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Scott Blasie reported that his subcommittee has been working on this project and has drafted a Commercial Maintenance Code which will be worked in with the CBD revisions. City Manager Miller stated the Commercial Maintenance Code is going to be quite difficult because it involves citing people for things such as discoloration in the walls, roof tiles which might be missing, etc. Vice Mayor Harmening stated if that is the intent of this par- ticular Code revision, he will be opposed to it or anything even similar to it. Commissioner Matson did not think that was the intent of the Code revision either. Appoint an alternate to the Coalition of Boynton West Resident Association (COBWRA) Commissioner Matson reported she was informed by Joyce Costello that she is the Alternate to the COBWRA meeting. She now has a conflict on the second Wednesday of the month and cannot attend the meeting. Vice Mayor Harmening has been attending, but is unable to attend tomorrow's meeting. Commissioners Aguila and Artis were also unable to attend. Mayor Weiner cannot attend tomorrow's meeting nor the one in January and asked Mr. Miller to inform A1 Miller she will be absent. Consider Code Enforcement Case Lien Reduction - John C, Schneider, 416 W. Boynton Beach Boulevard Scott Blasie explained that what has been done in the past was to rely on the minutes of the Code Enforcement Board meeting. Commissioner Aguila wondered what brought about the lien amount. The reason for this figure is the amount of time the fine was accumulating. Mr. Blasie explained that the Code Enforcement Board decided on the figure of $3,018.24 after being supplied the costs of processing. Motion Vice Mayor Harmening moved to APPROVE the lien reduction in Case #91-20003906 from the amount of $34,662 to $3,018.24. Commis- sioner Aguila seconded the motion. Commissioner Aguila was concerned that others may decide to delay compliance because they feel they can get these fines waived once they have complied. He wondered about the message being sent. Mr. Blasie explained a case such as this represents only about 1% to 2% of the entire case load. The motion carried 5-0. 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Items for discussion requested by Commissioner Lillian Artis: Request use of City facility (stage) - Benefit for "Homeless No More" Commissioner Artis reported a request from Maretha Madeus for the use of Sara Sims Park and a waiver of the fee for the use of the stage and sound system. Motion Vice Mayor Harmening moved to grant the request as stated by Commissioner Lillian Artis. Commissioner Aguila seconded the motion. Olivia Cox stated the City would have to assume the liability. It is a low risk situation. City employees would be required to set up the stage. Overtime would be involved and so would the risk of Workers Compensation. She again pointed out these are low risk. Mr. Frederick explained that a crew would be necessary to set up the stage on Sunday, December 22. Overtime would be involved for approximately three employees. It could cost approximately four- teen hours of overtime at $15.00 per hour. Mayor Weiner wondered if they would consider using the Civic Center. Commissioner Artis stated the purpose of using Sara Sims Park was to allow people to walk to the park. Mr. Frederick wondered if the pavillion could be used. Commissioner Artis will have Ms. Madeus call Mr. Frederick. Commissioner Aguila pointed out that earlier in the evening, Ms. Williams' request for financial support was denied and as much as he would want to offer this assistance, the Commission must be consistent. Commissioner Aguila withdrew his second to the motion and Vice Mayor Harmening withdrew his motion. Commissioner Artis confirmed Ms. Madeus could use the park without the stage. Update on the Cost Recovery Ordinance Commissioner Aguila asked for an update on the Cost Recovery Ordinance. Mr. Cutro stated he plans to turn this over to Attorney Cherof for review and it should be back to the Commission in January. 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 CITY MANAGER'S REPORT update on take-home vehicle program City Manager Miller said he is aware that not all of the employees who take home vehicles meet the full criteria. Wilfred Hawkins has asked the departments to justify the need for take- home vehicles. Departmental operations and job functions are being reviewed and it is anticipated that between six and twelve take-home vehicles will be revoked. Commissioner Matson wondered if the Commission would be supplied with a list of who has these take-home vehicles. Mayor Weiner stated the decision regarding whether or not the vehicles are needed is left to the City Manager. Mr. Miller will supply all information to the Commission. He will also consider Mr. Bee's recommendations. Vice Mayor Harmening stated this has been discussed in the past. The City has too many vehicles and he recommended some of the cars be disposed of. He asked if any progress has been made. Bob Eichorst stated there has been a reduction of three or four vehicles, but no vehicles have been purchased in the two years. Lloyd Millanise Parcel City Manager Miller reported that he and Commissioner Artis met with Mr. Millanise after the last meeting. Work is being done on his specific problem. He will clean out the alley and the City will abandon the alley. Utilities is currently checking. If necessary, the City will go forth with an easement. If not, it will be a simple abandonment. Mr. Millanise is happy with this decision. He further reported the City is going forth with abandoning others between 1-95 and Boynton Beach Boulevard in a north/south pattern. ADMINISTRATIVE A, APPOINTMENTS APPOINTMENT TO BE REG/ MADE BOARD ALT LENGTH OF TERM EXPIP~TION DATE Artis Community Appearance Bd. Alt Artis Board of Adjustment Alt Artis Community Relations Bd. Reg Weiner Cemetery Board Alt Artis Education Advisory Bd. Reg 31 Term expires 4/93 TABLED Term expires 4/92 TABLED Term expires 4/93 TABLED Term expires 4/92 TABLED Term expires 6/94 TABLED MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Commissioner Aguila moved to remove all of Commissioner Artis' appointments from the table. Vice Mayor Harmening seconded the motion which carried 5'0. Commissioner Artis appointed Esther Walker, of 2222 NE 3rd Court, as an Alternate member of the Community Appearance Board. There were no objections. Commissioner Artis appointed Bradley D. Miller, 14 Paxford Lane, as an Alternate member of the Board of Adjustment. There were no objections. Commissioner Artis requested that her appointment to the Community Relations Board be tabled at this time. Commissioner Artis appointed Sheila White, of 3902 Medford Court, as a Regular member of the Education Advisory Board. There were no objections. Mayor Weiner requested her appointment to the Cemetery Board remain on the table. West Boynton Area Community Plan study group representation by the City of Boynton Beach City Manager Miller reported that COBWRA is getting involved in a study group that will outline the area's land use and zoning con- cerns in unincorporated areas and be responsible for proposing guidelines for growth which will become part of the County's Comprehensive Plan. The study group will consist of ten members; three (3) nominated by COBWRA,. three (3) by the City of Boynton Beach, and four (4) by the Palm Beach County Planning Division. Mr. Miller suggested that of the City's three choices, Chris Cutro should be one of those selected. He and Mayor Weiner could also serve on the committee. Commissioner Aguila has been following this and he concurred Chris Cutro should be a representative. He has expressed interest in being part of the group and feels he has knowledge and expertise in this area. He would like to be a member and feels the third member should be someone from the community. Commissioner Matson would also like to see a member of the com- munity involved. Mayor Weiner stated she has been involved since COBWRA first approached the City with the plan. It is important for the City Planner to be involved along with the City Manager because of his broader view of the needs to be addressed. She further stated an elected official should be a representative. She does not feel the group needs a community representative. Mayor Weiner stated 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 her feelings that having the Mayor participate would be more meaningful than having one of the Commissioners participate. Vice Mayor Harmening agreed with Mayor Weiner's position and stated that Mayor Weiner has built up a relationship with COBWRA. Mayor Weiner stated she has also built a relationship with five of the County Commissioners. Motion Vice Mayor Harmening moved to accept the appointment of the Mayor, the City Manager and the City Planner to the West Boynton Area Community Plan Study Group. Commissioner Aguila seconded the motion. Bob Olenik, Jr,, 29D Crossing Circle, stated the Chamber of Commerce is also keenly concerned about how Boynton Beach and the unincorporated areas grow. The Chamber has a good relationship with COBWRA. The Chamber hopes that the business interests will be represented. He pointed out that the COBWRA representatives are not elected officials and may not be technical people. The County Planning staff does not intend to put elected officials in the group. The Executive Committee of the Chamber of Commerce requested that one of the ten slots be filled with a represen- tative from the business community. Mayor Weiner stated this will be an opportunity to plan the future and take in the full range of obligations from 441 to the Intracoastal. Mayor Weiner feels the interests of the citizens is best served by having an elected official as a member of this group. The motion carried 5-0. C, Change Orders %18, 19, 20, 22, 2~ for changes or additional work at Ezell Hester Park These change orders range from $75 to $972. City Manager Miller stated staff will review all of the change orders at the comple- tion of the project to determine if errors were made on the part of staff or the architect. Change Order %20 resulted because the rest room was broken into before it was built. This is for upgrading. The original design was reasonably designed. Change Order %22 is a connection between the new and old buildings. These were conditions which were discovered during construction. Motion Commissioner Aguila moved to approve Change Order 18, 19, 20 and 22. Vice Mayor Harmening seconded the motion which carried 5-0. 33 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Change Orders %4 and $ for changes or additional work at Rolling Green Park Commissioner Aguila requested clarification on Change Order #5. Mr. DeBeck explained there are two different types of light fix- tures. One of the fixtures would not fit and the other would not last. It was the wrong type of fixture. Motion Commissioner Aguila moved to approve Change Orders #4 and #5. Vice Mayor Harmening seconded the motion which carried 5-0. Clerical reorganization/budget transfer - Department of Administration City Manager Miller explained this is in the Department of Administration. The City had one person who gave an indication she would be retiring. She has changed her mind and will stay in her job. As a result, the position will not be vacant. An Administrative Assistant position was funded in the Department of Administration for three months. The employee moved there from Management Services. Before this, the Department of Administration had one Clerk position and one Clerk III position. The Clerk III position is currently vacant. The Clerk I position is occupied by a probationary employee. The probationary employee will be let go and the Clerk I and Clerk III positions will be consolidated. The Administrative Assistant position will be retained. The consolidation will result in a net savings of $12,500. Motion Vice Mayor Harmening moved to approve the City Manager's recom- mendation. Commissioner Matson seconded the motion which carried 4-0. (Commissioner Aguila had left the dais.) Sale of Surplus Equipment City Manager Miller reported there is a 1981 Ford Jet Vactor truck which has been out of service. Attempts have been made to auction it off but no bids were received. A proposal has been received from Brownie Septic Tank Services, Inc. to purchase this truck as is, no warranty expressed or implied, for $10,000. Motion Commissioner Matson moved to approve the sale of the Jet Vactor Truck. Commissioner Artis seconded the motion which carried 5-0. 34 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 CONSENT AGENDA A, Minutes 1. Regular City Commission Meeting Minutes of December ~, 1991 Vice Mayor Harmening asked that Page 5 of the minutes be corrected where it says, "Vice Mayor Harmening moved to adopt Proposed Resolution No. 91-191 on second and final reading." Harmening moved the adoption of the Resolution. Mr. Joint Workshop City Commission Meeting with Golf Course Advisory Committee of December 2, 1991 Bids - Recommend Approval - Ail expenditures are approved in the 1991-92 Adopted Budget One (1) 1991 Mack Truck with one (1) 1991 E-Z Pack, full ejection front loading body (Piggy back Town of Lake Park Bid) 2. Copy Machine for City Hall Complex It was recommended in Assistant City Manager Carrie Parker's Memo #91-100C that a Xerox t090 be leased for three years. C, Consider approval to purchase a Ford ~4~0 Tractor (replacement) for the Golf Course Golf Director Joe Sciortino recommended the purchase of the Ford 3430 Tractor from Ford New Holland Trucker, GA, at a total cost of $11,005.00. D, Payment of Bills - November, 1991 A list of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. E, Approval of Bills City Manager Miller asked that the $1,350 bill for ADAPCO be pulled. It should not be paid. Mayor Weiner questioned the 1,000 tee shirts under Item #10. The graduates of the D.A.R.E. Program are each given a tee shirt. The money comes from confiscated funds. Commissioner Aguila questioned Item #47 - Vulcan Signs. It was explained these are for the "Drug Free School Zone" signs. It is necessary to follow State guidelines 35 MINUTES'- REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 on the placement of the signs. The City had to purchase 188 signs. City Manager Miller stated the first convic- tion was made under the "Drug Free" zone. A list of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. Consider approval to purchase computer equipment for Recreation and Park Department G. Receive and file departmental activity reports Motion Commissioner Aguila moved the approval of the Consent Agenda as amended. Vice Mayor Harmening seconded the motion which carried 5-0. OTHER None ADJOURNMENT There being no further business, the meeting properly adjourned at 11:10 p.m. ATTEST: Ci~Cl&f~ - ng Secretary (Five Tapes) THE CITY OF BOYNTON BEACH Vice ~or Commis s ioner Commissioner 36 AGENDA December 17, 1991 XI. CONSENT AGENDA E cc: Fimamce Adm~. Util ACCUFORM 65 Sand Trap Rake and 11 Standard Handles to be installed on Golf Cart Fleet. Pay from Golf Course Fund---411-727-5-399-00 $ 1,093.74 ACTRON IV, INC. 1 S-Propelled Street Saw and 1 3" X 20' Suction Hose for Utilities Complex. Pay from Water & Sewer Rev---401-351-5-642-00 $2280.00 " " " " " 401-369.-5-345-00 85.00 ADA O, INC. 1 - 5_5~Gallon Drum Bio-~ent for Utility~umping Stations. ALLIED LIME Blanket P.O. 221 - Pebble Quick Lime for Water Plant. Pay from Water & Sewer Rev---401-332-5-365-00 2,365.00 -1,350.0~ 10,539.67 BERGERON LAND DEVELOPMENT, INC. Blanket P.O. 428 - Est. #1 for period 10/30/91 thru 12/8/91 for I 95/NW 22nd Ave Utility Relocation. Pay from Utility Cap. Improve.---404-000-0-690-10 35,272.58 " " " " " 404-000-0-691-10 35,272.57 Commission approved P.O. 9/3/91 70,545.15 BLANCHARD MACHINERY I each - Stihl Quickcut Saw, Stihl Quickcut Cart, Target Blade and Ingersoll-Rand Vibratory Plate Compactor. Pay from Water & Sewer Rev---401-361-5-642-00 $ 1,219.96 " " " " " 401-351-5-642-00 2.664.96 CH2M HILL Task orders per attached breakdown for the period 9/25/91 thru 10/24/91. Pay from W & S Utility Rev---421-000-0-690-21 Pay from 1985 Constr. Fund---409-000-0-690-10 Pay from Util Cap Improve .... 404-000-0-690-10 COMPUTER GOLF SOFTWARE 2,955.15 11,956.47 32,114.18 IBM PS/2 Model, Adapter 2 including installation and setup for Golf Course Admn. Pay from Golf Course Fund---411-725-5-670-02 2,664.96 47,025.80 1,900.00 CPT OF SOUTH FLORIDA, INC. 1,975.00 1 CPT Laser Printer, 1 Legal Paper Tray and 1 Toner Cartridge for City Clerk's Dept. Pay from General Fund---O01-122-5-672-00 "$ole Source Supplier" N DEC 17 1991 APPROVAL 10. 11. 12. 13. DARE AMERICA 1000 D.A.R.E. America T-Shirts and other assorted items to be used at D.A.R.E. graduation in February. Pay from Misc. Trust Fund---691-000-1-691-20 DAVIS WATER & WASTE INDUSTRIES, INC. 25 each 17" X 30" CDR Box & Lid for Water Distribution. Pay from Water & Sewer Rev---401-333-5-387-00 DIVERSIFIED DRILLING CORP. Est. #34 for Test/Production Well Program. Pay from Util Cap Improve---404-000-O-690,10 FLORIDA EAST COAST RAILWAY CO. Signal maintenance for 4 locations. Pay from General Fund---001-411-5-415-00 14. ~EE & JENSON ENGINEERS, ARCHITECTS, PLANNERS, INC. Professional services for attendance TRB, Planning & Zoning, City Commission & staff meetings mo. of Oct.,1991 - $2040.00; I Various projects for period 9/28/91 thru 11/1/91 - $6365.15; Services regarding Landfill Bids for period 9/28/91 thru 9/28/91 - $1409.95; Services regarding 4 Parks for period 9/28/91 thru 11/1/91 - $9129.79. Pay from various funds. 15. HELENA CHEMICALCOMPANY Blanket P.O. 246 - Insecticides, Fungicides, Herbicides for Golf Course. Pay from Golf Course Fund--411-726-5-361-00 16. 17. 18. 6,160.97 3,087.50 11,299.40 19. 2,808.00 20. 18,944.89 1,526.00 HI-TECH ASSISTANCE CORP. Blanket P.O. 131 - 2nd quarterly billing on maintenance con- tract for period 12/30/91 tO 3/30/92 thru Data Processing. Pay from various departments. 4,146.29 IBM CORP. Blanket P.O. 41 -_Maintenance Agreement Service from 12/1/91 to 12/31/91 thru Data Processing. Pay from various departments. 1,693.31 IBM/ROLM Blanket P.O. 240 - Maintenance Agreement Service from 12/1/91 to 12/31/91 for telephone system. Pay from General Fund---001-197-5-430-21 1,706.22 I.M.F. CANON Partial payment P.O.492 for PC Printer 80 Dry Toner, Plain Bond Paper Reader-Printer and MP Cartridge for City Clerk. Pay from General Fund---001-122-5-345-O0 3,312.00 JOHNSON, ANSELMO, MURDOCH, BURKE & GEORGE 1,370.22 Legal fees - Boynton Bch Lakes, Ltd vs City of Boynton Bch. Pay from Self Insurance Fund---622-195-5-468-00 '~ ~ ~ .... SS DEC l? 1991 APPROVAL 21. LESCO Blanket P.O. 191 - Chemicals, Fertilizers & Misc. Parts & Supplies for Parks and Golf Course. 22. MELANIE GROUT REPORTING, INC. Reporting the trial of Jean-Louis vs City of Boynton Bch. Pay from Self Insurance Fund---622-195-5-465-O0 23. MOTOROLA, INC. Blanket P.O. 250 - Quarterly billing -Service Agreement plus charges not included in agreement for Communications. Pay from General Fund---001-197-5-431-O0 24. NEIGHBORHOOD FAMILY DOCTOR Pre-employment Physicals etc. for Personnel Dept. Pay from General Fund---001-135-5-460-01 2,527.00 1,090.00 17,354.69 i,058.00 25. PALM BEACH COUNTY TAX COLLECTOR Refund of 1990 Ad Valorem Taxes re: West Industrial Assoc. vs Rebecca Walker - $2,909.56; 1991 Taxes due on property purchased from Robert J. Rose - $2,205.00 Pay from General Fund· :001-194-5-912-00 $2,909.56 Pay from Util Cap Improve.---404-332-5-610-O0 $2,253.78 5,163.34 26. PALM BEACH COUNTY SOLID WASTE AUTHORITY Use of County Landfill during month of October, 1991. Pay from Sanitation Fund---431-341-5-490-01 93,357.01 9.¸7. 28. THE PALM BEACH POST Advertising for November - Greenskeeper, Meter Reader and Police Officer. Pay from General Fund---O01-135-5-475-00 JAMES L. PARRISH, P.E. Accident reconstruction exq)ert for Jocelyn Jean-Louis case. Pay from Self Insurance Fund---622-195-5-468-O0 1,177.97 1,857.14 29. 30. 31. PITMAN PHOTO SUPPLY Photo supplies for Police Dept. Pay from General Fund---001-211-5-380-01 P.R.I.D.E. Blanket P.O. 252 - Tires and Tire Supplies for Vehicle Maint. Pay from Vehicle Service Fund---501-193-5-322-00 ROBERTS & REYNOLDS, P.A. Professional services re: Harp vs City of Boynton Bch - date inc: 2/8/89. This is a Police Liability Case; attorneys are selected thru the Florida Municipal League. Pay from Self Insurance Fund---622-195-5-468-00 2,500.82 1,663.26 5,503.69 DEC 17 1991 A?PNOVAL 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. THE RYLAND GROUP, INC. Refund of Sewer & Water fees paid on permit ~91-0424, paid previously on permit ~90-1187 which was subsequently voided. Pay from Utility Cap Improve---404-000-4-433-60 $1,666.00 " " " " " 404-000-4-435-80 532.00 2,198.00 SAV ON UTILITY SUPPLIES, INC. 100 Ford Yoke Bars, 150 3/4" X 1" Adaptors and 100 1" Ball Valve Comp. X Yokes for Water Distribution. Pay from Water & Sewer Rev---401-333-5-387-00 2,696.00 SCE, INC. OdorAbatement Project-Aeration Covers, Effluent Pumping Station Expansion and Electrical Building. Pmt. #15 from 10/19/91 to 11/21/91. Pay from 1985 Constr. Fund---409-000-0-691-20 226,815.73 SEALAND CONTRACTORS, INC. Blanket P.O. 86592 - Payment #11 - Ezell Hester Park - $172,922.53; Payment #10 - Rolling Green Park - $7,015.95. Pay from Public Svs. Tax Constr. Fund 179,938.48 SH~ON CHEMICAL CORPORATION Blanket P.O. 169 - 200 Bags Shan-No-Corr for Water Treatment Plant. Pay from Water & Sewer Rev---401-332-5-365-00 7,034.00 SHERMAN SURVEY SUPPLY Survey System-Electronic Distance Metering w/accessories. Pay from Water & Sewer Rev---401-391-5-642-00 Commission approved 11/19/91 8,380.00 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User charges for treatment and disposal of wastewater for month of November, 1991. Pay from Water & Sewer Rev---401-353-5-490-09 135,886.36 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD Professional services for Odor Abatement Project. Pay from 1990 Constr Fund---409-000-O-691-20 13,245.30 STANDARD LAW ENFORCEMENT SUPPLY 4 9mm Fixed Sights and 3 9mm Dbl Actions for Police Dept. Pay from General Fund---O01-211-5-642-00 2,936.74 STARK MANUFACTURING, INC. 1 complete SCBA Compressor System for Fire Dept. Pay from Capital Improve. Fund---302-223-5-642-00 18,750.00 TARE LAWN MAINTENANCE Blanket P.O. 68 - Landscape Maintenance Services. Pay from General Fund---001-722-5-430-15 4,900. O0 DEC 17 ]99] APPROVAL 43. THE CENTER FOR FAMILY SERVICES December 1991 - Employee Assistance Program. Pay from General Fund---001-135-5-482-00 44. TRI-COUNTY CONCRETE PRODUCTS, INC. Storm Drain Project for Golf Course. Pay from Golf Course Fund---411-000-1-476-60 45. UNDERGROUND INDUSTRIES, INC. Blanket P.O. 87090 - Raw Water Main From Wells 4~ - llW. Pay from 1985 Constr. Fund---409-000-0-690-10 Per bid 2/24/91, Commission approved 3/5/91 ¸46. VERMEER SOUTHEAST SALES & SERVICE, INC. Stump Grinder for Golf Course Maintenance. Pay from Golf Course Fund---411-726-5-641-00 47. VULCAN SIGNS 188 Drug Free School Zone Signs. Pay from Misc. Trust Fund---691-000-1-691-20 "Best of 3 quotes" 48. WALLACE, ROBERTS & TODD, INC. Intracoastai Waterway Project Inv. #1 for period 7/15/91 to 11/19/91 and Fairchild National Inv. 9129 paid by WRT, Inc. for $95.00. Pay from Capital Improve Fund---302-721-5-463-06 49. WILSON SPORTING GOODS Merchandise for Golf Course Pro Shop. Pay from Golf Course Fund---411-000-0-420-10 1,408.35 6,824.40 23,289.48 10,643.29 1,958.96 9,690.00 1,504.92 These bills have been approved and verified by the department heads involved, checked and approved for payment. Gr~~aFtmen~ I therefore recommend payment of these bills. Manager DEC I? ]991 A?r~OVAL CH2M HILL INVOICES Inv#11-401 Inv#11-402 Inv#11-436 Inv#11-447 Inv#11-478 Inv#11-485 Inv#11-517 $ 13,363.02 T.O. 13 Professional services for the design and construction of the Deep Injection Well Disposal System for reject waters from the West Water Treatment Plant $ .808.35 Professional engineering services for design, services during construction and testing of an Aquifer Storage Recovery Test Facility $ 2,553.55 T.O. 10E Professional engineering services during the bidding and construction of improvements to the East Water Treatment Plant $ 15,389.26 T.O. 16 Professional engineering services for groundwater resources evaluation $ 1,700.58 T.O. 10F Professional engineering services for the design of the East Water Treatment Plant Improvements $ 2,955.15 T.O. 18 Professional services for predesign of an additional storage tank facility. $ 10,255.89 T.O. 8E Professional engineering services for work in support of the construction of the membrane softening West Water Treatment Plant. This includes support of Stanley Consultants and the City in responding to contractor questions and preparation of an addenda to address specification changes in materials requested by the City. Total $ 47,025.80 Above Invoices for the Period of 09/25/91 thru 10/24/91 DEC t? ]99] AP?~,~VAL t *.,~,~-'UO.~ CU-"-_ ,1 ', lit 2~'.-:C" 1..[ TI ' ~'~:~:~:&'O00TU58.::;:: lJjOl/gl ~30,186,Z9 03~895 CITY f)F B~YNTON ~ACH aetmburs~ payroll fund ~:?;:~/0:80~:~:';~:~:0007059:::'.'11/91/9t ~t:.~7 o'J~89~ CITY ~F BOYNTON BEACH Reimburse ~yroll fund 0803 OO0706Z [l/Ot/';! L,3g~.B', 21ou,1 ,~ARJ?qle K. ~LEXANDEE November pension pa~en~ 0803 0007060 l l/O [ Z,,~ R~. q'~ ~*~ ...... [~'l"~'~ P EDN~R l~'k 0803 0007067 It/Or/gl ~20.5" 250043 ,~ICH~'O F. SEE O805 O007068 tt/0t/'~[ 3[7.~,3 2,)Ot(~t DOROTHY E. RJORK ~ O603 0007073 t l/Ot/~l ~t3.13 Z~OO5 t ~UL -TT ~ 0803 O00707~ tt/Ol/ql 39~.~7 29OO~ LIN~ C C~OELL ~~~O~ =.::'.'..t:t/:Ot~I ~~' ~'90omI'o ........... ~U~ -- -- ¥2' ' ' ................................................................ . 5,~9~19 Z90005 PE~V A, C~SSNA ~ 0803 0007079 Il/Or/ ~1 1~7.55 2~,JJ~i~ KFqN:fH CLAYTON November p~nsion ~~~Oi'~???t::~l'ot/gt .. : ~gt. ]~ ~9oo~ ~ ~UT~ V. ~E~oZ~~?~''=''' ~ o8o3 ooo7o8~ tt/ot/gt 1.5oo.~ 3zoot5 ~LLt~N V. FLUSHXNG November penn,on pn~enc ~o1 0803 0007086 [ [/0[/'7 [ . (~5~.5:) :)65~ '.) ~ r~,:F,N I~ E FRAN TZ -.:~. ~;~ , :. ~;, ~;: ·" ? .'F::~" ; ' r~-: ......... b~o'~ ............ b0~~1~1"7~1 ......................... ~;5';'~9 ........ '~4'rY), ;7 ...... ~;u'~ "~';'"'qZP~ ~ 0603 030709Z II/Ot/~l Z 3'~ · f,'.. ~O~, [ ~ Te ~. HICKS 0803 O0070'~7 ll/)L/ ~! 63o.2~ 10~,51 } 0803 000709~ kl/Ol/ 0603 0007103 t I/O t/~ 3/o· "3 ~ 7,J,.J~; :~ 0603 000710~ ttlOl/?t Jl ~H't J [IH N :,; TON .......... .B,E~.T .KEE-HRr-T---~ .................................................... 1'1 · " ~ VIRGINIA E. KEI~TER CLAIR6 KENDALL November penn:ton paTment ~. BANK LHECK ~ ' : '~:"~ 0 9 0~03 0007116 il/Ol/"l 283.1.~ 40n)~.? R)JTH L. NELSON O~03 0007122 ll/OL/ ~l l~z.50 19~5 JOHN :~CH~EIOER 0003 0007123 ll/01/9I 'ii ~, b~ I 9,1961, MARY r'~. SCHORR O80J 000112~ LL/OL/ 0003 0007129 11/01/91 3ll,l~ I';ZSn) S~AH k, StiULL 0803 0007133 ll/Ol/~[ 5a~.0a aboor]9 ANNETTE P. TINKER 0~01 0007131 11/01/91 ~t7.17 69002o L~}UI }F ~. ~ARD ~803 0007135 ll/OL/~l ~36.96 690019 ~C ARTHUR WATERS Oe 03 db'o7 t'f¢~Y/'9-I ......... ......... ~;'I'2 .......... a~OLT['Z ........... ~HN- ~16~ ................................................................................ 0803 00071~0 11/91/91 1,8~1.87 5ZaOt)Z ELIZABETH J. lO, EL November pension pa~ent OOOt 00071~1 ll/Ol/~[ ~4.1n '6~900 ~ILDRFD ~. ZWART ~i~~O~t~:::~z::~tt/OIl~i l, 106,78 020500 BRAOFORD BIXLi~ ~ Novenber pension pa~ent 080] 00071~6 11/01/9l 1,'~91.05 0803~ ~[LLI~ R. H~ILION November pension pa~ent ~86,,45 132780 HAROLU ~ILLER 1~701.60 399,37S DAq ,J. ~40TTL November pension pa~ent ~iet penolon~p~Ym-~fiE Nove~er pension palreent Nove~er penatonpayment November pension payment 2,58~.0g, 1~2771 JA,~':~; kHODEN SR. November pension payment [':"~). 1s533.'>~ 13Z1?O LLUYll RHODEH. JR November pension pa~ent ~:,.~ 91,50 206300 JOHN Me TUITE ~- 91Oe~2 .3 ~ OO~(J ART ¢,~DSbo~J,) ZO~4J TH~ CREDIT UNION OF PAL~ OaO~71 Pensioner's contributions ll~- -~~L{~l~OIL! ~! · ..r::.:., ,.:..:.;/ ,~O,'-O-O-~VO~j-~J~~T~IF'[I{EIJ[T :I~'~;=~EVUNO$ 0803 OOaql15 l [/n'iT~l ....................... a 3.0'~'--- ~'~'~T ..... TI*TSC~'~"I~E OU S P~'~'~ ..................................................................................... 0803 0089736 ll/O[/~l Z3.J5 99999~ ~ATEe CqtOlI BALe REFIJNOS 0003 '; 0089737 lI/Ol/~l aO.~'l qgqqq~ NATF~ CREDIT BAL. REFUNDS 0803 00897~ ll/OI/Vl 19.3~ 99'q9~ ~alE~t C~EOIT HAL. REFUNDS 99~ ?; 5(~ 0803 00897k0 il/Ol/91 ZZeZt+ 999~'}~ dATER CR£UIT ~AL. REFUNDS 0803 0089T~9 11/01/~[ ~b.27 ~999'tc ~AT~ CREDIT BALe R~FUNI)S 089~ 0089755 ll/OL/al ~6.)~ ~'4'~.. ~r,lT~k CauDIT BAL. °FFUNDS ?,?~';:;:O~O~i~i~F}~'Sg~'58'.:,ih-:ll/Ol/gt 100,00 9999~a WAT~A CREDIT Bale REFUNDS 0003 0069761 ~ ll/Ol/*~l q,q) 999'~'4j ' HATER CRcOIT Bile ~EFUNOS 0803 0089767 ll/Ol/~l 52.L0 99<~9e~ ~aTER CREDIT BALe REFUNDS 0803 008977Z ll/Ol/'~l II.bt 9'~q9~ W~T:R C~FDIT BALe ~EFUNqS 0603 0089773 ll/OL/91 5.16 99?992 !4ir;:a C~EC, IT 3~L. REFUNDS BANK CHECK t~ D A I · L~ANK A~tLJdbIT V~NW~Rg VLNUO~/CNPLOYEL NAHF 0803 0089779 11/0L/91 080~ 0089785 ti/Ot/~t 0603 0089786 ll/Oltgl 0~0~ 0009/9[ 0803 0089792 il/Ol/ 0803 00~979b tt/Oi/gt ~,30 C137~2 0803 , 0089798 lt/ot/gt ~.~,, 15,00 99990? ~ArER CREDIT BALe REFUNOS 10,76 r~gq992 ~ATER CREDIT BAL. R~FUNDS ~3 ;'~T ..........=~ g'~:i~'~ ......... '~ ~'i'"~"~-'~TS'~'g~'~J~i 5'~ ................................................................ b5 ~. ')C ggg~-~ I ¢¢I ~C,:LL~ NEOU~ PAY~EN TS ~7,76 999992 WATER CREDIT BAL.' REFUNDS z u. ~: ~ ~ ~ ~ ? z ~iT~ ~C~'g~~-¢~d~ ............................................................. Z~,.dZ 99'~977 NATf.~ CREDIT ~AL, REFUNO~ Z~,7B '1~99'),f HATfiR CREDIT BAL. REFUNDS ZOe~7 99089Z HATER CREDIT BALe REFUNDS ~ S ToHLt)--HN ~ LAB ~'c~ C i~NN'~-*~ ~ -'*~Nb ....................................................... ~tLt~O S~RWCeS O~ SOOT~ ALLSTAI= ~qUIPt4ENT & RENT ALTA'~ONTE SPRINGS HILTON A'a%¢'IC~N SOCIETY OF GgLF Fuel for City fleet 0603 0089803 11/01/9l 159,3o 02¢34~+0 TH~ -JaKER & TAYLOR CO, On03. 0089a0~ ll/0t/'at . 59egT~,67 020~71 RAPN,:TT BANK- MITHHOLOIN Federal'tax deductions .... , ~,~<>".,~" : ·j ~~~.~,;~~ .... ::.:~?::~:::'. ~ ' 3[~,g~ 02171~ BETTER Bus[N:ESS:.~RMS, IN .: 0803 0089810 ll/Ol/~l bO,O0 02~07'7 t~O~ 39~ DEN ~~~Oit~l .':" :;'. :=' ' t~:t2~98 OZ~/10 BOYNTON 'AUTO' ;'S~'~V'~'"' :~NC. ' Various aoto repairs . .9 L~Ad~AR~ C~4~UN~TY COLLEG~ O&03 008981~ 11/0[/91 [25.00 02 0803 0089816 /1/Ol/91 3~+O,O~J 0255'vo (~R,'{~ARO TESTING LABORATOR ~~ ~Z:b' .......... i {7~79-[ ..................................... ?~0 ZOO .... ~'3~ 0803~ 0089621 l[/Ol/~t JO.bO o3306t ~ACO~tR COUNTY-FRIEND OF C OBO~ 0089822 tl/Ol/q{ gU,~[I .)33~33 CL~ 3F COURTS-SUPPORT OEP 0803 r ~ 0089827 ll/O1/91 qO,3U 03362 I 0803 O089828 11/01/'7l 57,b5 033701 CLK OF COURTS-COOK COUNTY NEW HANOVER CNTY CLERK OF UnlJaded fuel ~OrCtty fleet FRANK DE~RCO j. '.' 0803 00898~0 i{/Ol/~)l 2~,00 Oqqbq~ DO~ CARTER'S ALL STAR LAN ~0803 ;<"00898~I [i/O[/gl bO. O0 0~47q,' F.'~. OOYLEe SEC,/TREAS. ~~ Zg~O0 0500q'~ F,~PC ?,~ REGION SIX OeO~- OOeVe~ t[/ol/ot zoz.oo ObOl lo ~0~ FAIRCHILD ............. ~~~Ol/~t ./~'~[?[~;:'~,/~O.,~; ' 062820 FI~EF~GHTER?~.;'~N "TRU Fire~i~hter'e contributionn 0803 0o89~t i~Z~'l ................. ' '"4'~.~---~~----~~ N~TIUN&L BaNK 0803 00898~3 1[/O1/91 " ' 2t>,U0 0~_,3750 FLOC'IDA INTELLIGENCF UN]'T ~ 0803 0089658 It/Ut/gl VZ.b~ Oo~SSO ~O0]-JOY iNK. ~ 0803 0069859 ii/Ol/~t 39b. tO Ob~Sg~ F.H. FOSTER OIL CORP. INC ~ 0~5 008986~ ll/Ol/'~l 1~3~0.33 071592 C,E~ g JENSON~ ENGINEERS, Professional ~e~tces ~} 080~ ~89865 It/Gl/vt t]3.~C 07155~ G~N~,iAL GARAGE DOOR ~ 0603 0089870 ~ 0803 0089871 ll/Ol/'~i ~76,5~ O0Z/'~5 HILL'':~ICH [ ff~OS~Y CO.. ....................... ....... ...... 9t''''~''" OS~5~ ~ HOOF SERViC~'"~iC~S ~:.... ~0 ~,:.. ,,~:., ~tot~ vu. oo {~j .......... 'O~O]'~"bb~'~'~S~T~7.'t; ..................... ~'~';'zT ............ o"'~olu'[ ..... II~ ~'O~uO~m[~ .............................................................................................. ~ 0803 0089676 [I/U[/'~I. i~3~.~ C)~'IIC,~ [CHA ;~T[o~FNT TRUST ~51 E~ployee contributions ~ 080~ 0069877 l [/Ol/'~[ 300.0'3 CVqZ[9 CLIC~ I 'IGHAN r . ..... ....... ................................................................................... ~~ ~o8o~ bS:~ ~~'fZ~FCZ~ O80] 0089882 Il/Or/gl 1~O73.O0 100150 J. J~Y ~OTHE~ INC. Rehabilitation case ¢2-91-016 0803 0089083 ll/0[/~l Z~q.?( 1)lt09 Jl'.l 4~065 EUUIPM6NT CONP ~~9~'i~,;~:{t'1/01/91 98.00 IO~SZ~ JOINT LEGISLATIVE HG~T, C 'fi .ii, ~ t ~ ['.-..' t ,.. ~ ~ :?~'~ *~ % * ..~  ... ' . ,..0090162 11/08/9l 5~.00 200111 ' 0803"~ :~' 0090L63 1 1/08/91 3qO. O0 ?0038`4 200~32 T-SQUARE TaMP,k AREA SAFETY COUNCIL ........ ~-'[%~S'~'~PT~--m"~ ......................... L~5~&:'-~[n-~'~"~ .............. A~ TARLER. I~C~ . THOMPSON PUMP &':NaNOF.ACTU Il/OB/gl ,?.,~55q. ll gO,q.&c~: TOWN OF OCEAN RIDGE ~1/08/9l it e ZGO. ~/3 20~5~I THE r~AVELERS 11/08/9~ 31,~5 Z2l~O3 11/08/91 },891,()7 ZZtqd~ VADA~ CORPORATION VANCI! ~ OONEY~ PeAe ll/08/gI 5~.00 d3~650 WOMAN TO WOMAN II/OB/gl 087,08 ?etS~6 XERDX CORP, Remit public service tax collected in October Dental insurance premiums for November 'sto~ a-~~ii~ ................................... 5b,O0 3000~9 JOSEP~t DE MARC '"0803 .0090186 11/08/91 ¥~e3[ alO00~ HELEN ._:. '_~. 080 ~. ~'. ~:.~0~0187 .... 11/08/91 O0,Ou ~lOOgd PAIGL ~ZELL :"'~:'~'"' : ' ~}~:~ '~":'::" :'"" : ~ A .... ':'~!~.~::~::~:::~' 0803 00901~~0~7'~T ................................ ~'D:'~ ........ ~'3~U'2'~ ........... ~ A'~F~ 'T'CF-"-~RT'T~ ........ ' O80D":' ~OIgZ 11/08/9l &O, O0 qgOo~,~ LH~I ~TOPHER ~ANDELL ;":' 080~.'~:.,.~-0007179 Il/ti/gl 125,00 20._~;" TH," C~aOIT UNION OF PALf~ ~}};}~1}~1/'9t ,: ....:[ ~;~J.'./.;','. :4&e 1~2.98 2021~2 TH~ CRED IT. UN:ION.: OF PiL~ B~loyee contributions ~~::~:.1/1$/91 470e20Z.7t :)3~895 CITY OF BOYNT~-/BEACH Reimburse payroll fund '."080~.:~ 0090193 11/15/91 50.oO q99992 ~ATER LREOIT BALe REFUN05 0803~ 0090199 Il/lb/gl ~.6") 999ooff WATF,~ CREOIT BALe PEFUNDS 080~ 0090200 11/15/~1 270.59 ~q99'~Z ~AT~ CREDIT BAL. REFUNgS fgl 55.ZT , 999992 NATER CREDIT BkL~ REFUNDS 080~ 0090205 Il/ID/91 5~.O~.l q9o9'~2 ~AT(-r~ CREOIT ~AL. REFUNDS '-~~ ...... t:../~l~ l'~/~'[' '~b.3Z : 9999~ .......... ~'~C'~'E'~"~~S ....................................................................... Postase ~or utility bills Professional services Anaual contributions i ti, I; {I · · · · · ! · · · ·