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Minutes 11-19-91 MINUTES OF REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, NOVEMBER 19, 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, 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, Vice Mayor Harmening led the Pledge of Allegiance to the Flag. AGENDA APPROVAL 1. Additions, Deletions, Corrections Mayor Weiner moved VIII(C) under New Business to III(B) under Public Hearing. City Manager Miller added to XI(H) under Approval of Bills, payment to SCE Inc. in the amount of $221,360.67 for work being done on the wastewater treatment plant-odor abatement project. Under IX, City Manager's Report, City Manager Miller added setting a date for a joint meeting between the Commission and the Golf Course Advisory Board to review the architect's report. 2. Adoption Commissioner Aguila moved to approve the agenda with the changes. Commissioner Matson seconded the motion which carried 5-0. ANNOUNCEMENTS None. PRESENTATION 1. Firefighter of the Year - Edward Rothrock Mayor Weiner and City Manager Miller presented Edward Rothrock with the Firefighter of the Year award. Mr. Rothrock is a 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 Firefighter III and EMT and has been with the Boynton Beach Fire Department for ten years. He was chosen by his peers as Boynton Beach Firefighter of the Year. He shows great team work, knowledge, manual skills, and ability to work in a highly produc- tive manner with all personnel. He gives 100% effort on every task to which he is assigned and shows that all jobs can be done in a diligent manner. He is always willing to assist other per- sonnel in improving their job skills. BIDS ae Contract I, 4 MGD Membrane Softening Equipment - West Water Treatment Plant - Consideration of awarding bid and authorizing execution of contract (Proposed Resolution R91- ) Bo Contract II, Water Treatment Plant Facilities - West Water Treatment Plant - Consideration of awarding bid and authorizing execution of contract (Proposed Resolution R91- ) Bob Kenyon, Deputy Director of Utilities, gave a history of the project. On Contract I five bids were received. The low bid was $2,348,000 with irregularities to a high bid of $3,855,000. The engineer's estimate in March of 1990 was 3.78 million dollars. On Contract II eleven bids were received. These range from $8,950,000 to $10,234,000. The engineer's estimate was 8.52 million dollars. Part of the reason for dividing the project into these two contracts was because of the specialized nature of Contract I which is the process equipment versus the Contract II which is buildings. The lowest three bids for each of the contracts were thoroughly evaluated. Contract I was evaluated by CH2M Hill, Stanley Consultants and staff. Staff consisted of Mike Kazunas, Utility Engineer, John Guidry and himself. These evaluations were done independently and then collectively. Contract II was evaluated by Stanley Consultants and by the same staff previously mentioned. This evaluation included looking at the base bid, the biggest bid, the O&M cost, the present work, the qualifications of the bidders, adherence to specifications, the financial condition of the bidders, and recommendations from other consulting engineers and people who have previously had work done by the bidders. Mr. Kenyon said it has come to his attention there is a formal protest from one of the bidders. There has been correspondence from most of the bidders, if not all, on Contract I. These pro- 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 tests or correspondence point out the errors, irregularities and omissions by other bidders, but not of themselves. Upon staff examination, errors, irregularities and/or omissions were found on every one of the bids. Staff has evaluated the objections brought to their attention and found them without merit or lacking significance. Therefore, on Contract I staff recommends the lowest bidder, Inscho-Kirlin/Hydropro, be declared nonrespon- sive and nonresponsible. Staff recommends the contract be awarded to the lowest responsible bidder, L. A. Water Treatment Company, in the amount of $2,670,000. Staff recommends proof testing be conducted as stated in the specifications to verify the conditions stated in their submittal. On Contract II, staff recommends that the Pool and Kent Company, the lowest responsible bidder, be awarded the contract in the amount of $8,860,000. This amount is $90,000 less than the base bid because it accepts the deduction for the carbonation equip- ment which is not necessary based on any of the submittals received for Contract I. Mr. Kenyon requested authorization from the City Commission to assign Contract I to L. A. Water Treatment Company and Contract II to the Pool and Kent Company. Dean Bedford, Design Engineer with CH2M Hill of Gainesville, Florida, talked about the bid preparation and some of the O&M calculations that were part of the bid evaluation process. He provided the background on the bid documents for Contract I and stated the design of the plant was intended to provide the City with a cost effective and operation efficient facility. He talked about three of the factors that went into the design of the facility. Those factors were the three different membranes pilot tested, bidder qualifications, and bid evaluations. Ian Watson, President.of Rostek Services Incorporated, Ft. Myers, Florida, and Membrane Systems Consultant to Stanley Consultants on Contract I construction phase said he was involved in advising Stanley Consultants during the evaluation. Evaluation of the three low bids was thorough and without preju- dice. It was found that the low bidder, Inscho-Kirlin/Hydropro, a joint venture, did not meet the minimum experience qualifica- tions specification. Similarly, a question has been raised as to whether the experience of L. A. Water Treatment meets the requirements and specifications. He stated positively that this company is qualified since he is Process Consultant on at least two of their projects and consultant to the owner on a third. Other irregularities and informalities were considered and deemed MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 insufficient to alter the evaluation. The evaluation team, therefore, recommended to City staff that L. A. Water Treatment be awarded the contract. William Sublette, of Orlando, was present, representing Hydranautics Inc., and lodged a formal protest to the awarding of this bid. He said the bids of Inscho-Kirlin/Hydropro and L. A. Water are nonresponsive and have violated the City's bid docu- ments. He respectfully demanded on behalf of Hydranautics that the contract be awarded to Hydranautics, as Hydranautics is the lowest responsible and responsive bidder. He based the objec- tions on five grounds, which he discussed at length. Both L. A. Water and Hydropro have violated the instructions to bidders regarding Contract I because (1) Inscho-Kirlin/Hydropro is a subcontractor for the mechanical installation of the project and there is a clear connection between the two entities; (2) L. A. Water failed to state in their bid package that they had experience with a programmable logic control type contract, and Hydropro's experience as a subcontractor on an Acme Improvement District project does not meet the qualification cri- teria; (3) L. A. Water has failed to meet the requirement that 40% of the labor on the project be supplied by the contractor; (Mr. Sublette said that sometime in the bidding process a handwritten notation was inserted into L. A. Water's proposal which stated that in addition to the $180,000 worth of labor pro- vided by L. A. Water, approximately $2,000,000 worth of equipment and materials will be procured and supplied by L. A. Water Treatment.); (4) neither L. A. Water nor Hydropro have supplied sufficient documentation and calculations in support of their numbers; and (5) Hydropro has failed to meet the requirements of Florida law which states that a bid on a public works project must provide certification or proof of certification registra- tion necessary for the completion of that project which in the instant case is the general contractor's license. Mr. Sublette pointed out some of the requirements of Florida Law and concluded by respectfully requesting the Commission to award the contract for the West Water Treatment Plant to Hydranautics as the lowest responsible bidder, or to table the award of the contract to allow its members to adequately examine and investi- gate the detailed basis for Hydranautics' bid. Mr. Sublette said it was recommended in James McLellan's memo to John Guidry, dated October 28, 1991, that L. A. Water supply documented operating data for a minimum operating time of 12 months on the FilmTec membrane system. He inquired where that MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 operating data will come from and what the Commission will do if L. Ao Water is unable to provide that operating data. Bill Hendershaw, President of Hydropro, 701 North Lake Boulevard, North Palm Beach, was present and said Hydropro is named as a mechanical subcontractor in L. A.'s bids, not the joint venture of Hydropro, Inscho-Kirlin. Inscho provided the GC number as part of their joint venture documents. He went over some of his qualifications and addressed some of the comments which Mr. Sublette had made. He said the main reason Hydropro bid as a sub is because it is a small business and a small business admin- istration does not find jobs over a million and a quarter. In this case they are bidding as a joint venture. Mr. Kenyon stated this was not an interview process; the bids were taken on face value. Hydropro did not meet specifications asa prime contractor; however, he had no qualms about using Hydropro as a subcontractor. With reference to Mr. Sublette's argument that L. A. Water does not have a general contractor's license, Mr. Kenyon said according to the bid submittal documents, L. A. Water does have a Florida general contractor's license, as well as a California general contractor's license. In response to Mr. Sublette's accusation that a note was penciled in after bids were opened, Mr. Kenyon said the bids were not altered in any shape or form after being opened. Regarding Mr. Sublette's comment about small irregularities in the bid, Mr. Kenyon said all the bids had irregularities. Mr. Bedford addressed the issue of 40% of the labor being done by the contractor. He said one of the requirements of this project was for a subcontractor to be used to handle the instrumentation and control. The cost of the instrumentation and control portion of the project was approximately four to five hundred thousand dollars. That is about 2.1 to 2.2 million dollars of the 2.6 that was supplied by L. A. Water. The intent of the 40% require- ment was to insure that the firm providing qualifications for the project would indeed be providing the equipment. Concerning documentation, Mr. Bedford said L. A. Water's proposal listed projects but did not specifically break those down as to their involvement. Those project were checked on. With regard to there being a 150 day delay to the project, Mr. Kenyon said the pilot testing is part of the project and is not a delay to the project. 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 With regard to Mr. Sublette's inquiry as to what would happen if the test fails, Mr. Kenyon said the City could go to the next lowest responsive bidder, which is Hydranautics, renegotiate with L. A. Water, or rebid the project. If the test fails, there is absolutely no cost to the City. With regard to delay of the project, Dean Bedford added that the design provided by Hydranautics is exactly what was pilot tested. It was felt that in the event there was a problem at the end of 120 days with the design proposed by L. A. Water and the City did elect to fall back to the next bid, which would be Hydranautics, that the design they have provided is something that can go straight to design with and there would be no need to do addi- tional testing. Commissioner Aguila asked Mr. Cherof what the Commission's options were. He found this to be complex and involved and did not want to make a decision without more feedback. He was in favor of tabling this as a one item issue to study the issue further. He felt many legal and technical issues exist. Commissioner Matson said after reading staff recommendations over the weekend, she was prepared to make a decision; however, after receiving further documents tonight and listening to the speakers, she would like more time to make a decision and she would like feedback from the City Attorney. Attorney Cherof said with respect to the legal issues raised by Mr. Sublette's comprehensive letter to him, a written response had been made to that by Stephen Bull of Bull and Haggard, the attorneys for CH2M Hill. Attorney Cherof said he reviewed both the memorandum and all the cases that have been referenced by all counsel for the interested parties, including the consult- ants' attorneys, as well as additional case law not cited by either one of them, but in some cases which is pertinent to the Commission's decision making process. He stated the points made by Mr. Bull in his letter were well taken and his analysis is on point. The Commission's alternatives for tonight would be either to be comfortable with the staff recommendations by awarding the bid in conjunction with their recommendation, to reject their recommendation and award the bid to one of the alternate bidders, or to refer the matter back to staff with direction. Attorney Cherof recommended if the third option was chosen, that staff be directed to meet with all of the interested parties in a hearing type setting, permit all of the issues as raised by the memoran- dum and documentation to be brought out at that time and to make a detailed and comprehensive report on that additional to you at 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 either a special or regular meeting. His recommendation in that regard would be for the Commission to do it at a special meeting, where it is the only item for discussion. Vice Mayor Harmening did not think spending more time on this issue would solve anything. Commissioner Matson moved to table this matter and turn it back over to staff. Commissioner Artis seconded the motion. Commissioner Matson amended her motion to table this matter until such time as staff returns a report and to have a Special Commission Meeting on this one matter only. Mayor Weiner asked Mr. Kenyon how much time he needed to return to the Commission to report on the issues raised. Mr. Kenyon said he could have a report within a month, but did not think there would be much difference. He thought he had been thorough. He was concerned about the capacity issue and said the City needs to move ahead in a timely fashion. Commissioner Aguila asked Attorney Cherof for direction. Attorney Cherof advised the Commission they are on firm legal ground. One factual issue was raised tonight that he was not sure the Commission has the answer to. Accordingly, he thought the motion to table was the better motion. He advised the Commission to inquire whether any of the interested parties object to this particular procedure and if they will continue to participate in the procedure by meeting with the City and pro- viding additional information if possible. Mayor Weiner asked the parties involved if they had any objec- tions to this matter being tabled and will they be willing to participate in the procedure. Mr. Sublette had no ojections. Frank Inscho, Executive Vice President of Inscho-Kirlin, a divi- sion of John Jay Kirlin Inc., preferred this matter be resolved tonight. However, if it was not, he would continue to partici- pate in the process. He stated he represented the joint venture of Inscho-Kirlin/Hydropro. Harbans Kohli, representing L. A. Water Treatment Corporation, had no objections. The motion carried 5-0. Mr. Kenyon asked Mayor Weiner if it would be possible to have a Special Commission Workshop Meeting on this. Mayor Weiner replied that Mr. Miller will set up a Special Commission Meeting. Vice Mayor Harmening moved to table Contract II. Aguila seconded the motion which carried 5-0. Commissioner 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 PUBLIC HEARING ae Project Name: Agent: Owner: Location: Description: Boynton Beach Boulevard Rezoning 'Kieran J. Kilday, Kilday & Associates Tradewinds Development Corp. South side of West Boynton Beach Blvd., approximately 300 feet east of Leisureville Blvd. LAND USE ELEMENT AMENDMENT/REZONING/TEXT AMENDMENT - Request to amend the Future Land Use Element of the Comprehensive Plan from "Moderate Density Residential" to "Office Commercial" and to rezone from R1AA/PUD (Single-Family Residential) to C-1 (Office and Professional Commercial). Mr. Cutro said this is a request for rezoning a 2 acre parcel of land located on the south side of West Boynton Beach Boulevard about 300 feet east of Leisureville Boulevard. Staff recommends approval of this item based on a recommendation that was made to this Commission approximately 15 months ago in which rezoning of this property to C-2 was considered. The Planning and Zoning Board reviewed this at their meeting last Tuesday and recommended approval of the petition with the change in the language, the rezoning, and the text change, with the conditions that are attached to the backup material. The major condition is that the property will be limited to 1,191 trips. The Planning and Zoning Board relieved the one story limitation; however, the maximum that can be built in that area is two stories. If approved by the Commission, it will be sent to the State for review. Kiernan Kilday stated the conditions for approval have been met. This Commission previously denied the request for C-2 zoning because they felt C-1 was more suitable. He mentioned that a few neighbors were concerned about the site not having drainage, and as part of the TRB process, applicant will have to provide drainage on the property. Gary Lehnertz of 619 S. W. 2nd Avenue expressed reservations to this rezoning stating this area is surrounded by residential property and there is an excess of commercial property in the City. He said the Comprehensive Plan and Land Use Amendment indicate the City should refrain from rezoning residential land to commercial along Boynton Beach Boulevard and Old Boynton Road. He felt this property could be developed as residential property. Commissioner Aguila moved to deny this application for rezoning, land use amendment, and text change. Vice Mayor Harmening seconded the motion which carried 5-0. 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 NEW BUSINESS C. Selection of Bond Counsel for Refunding the Recreation and Municipal Beach Facilities Bonds, Series 1983; the General Obligation Bonds, Series 1985; and the General Obligation Bonds, Series 1988 Mark Raymond, partner with Moyle, Flanigan, Katz, Fitzgerald and Sheehan in West Palm Beach stated his qualifications and referred to the National Association of Bond Lawyers' booklet entitled The Selection and Evaluation of Bond Counsel, specifically the chapter dealing with the criteria an issuer might consider as important in the selection and evaluation of its bond counsel. He reviewed some of those criteria and how his firm met those qualifications of expertise, experience, capability, conflicts, fees, and loyalty to clients. Mr. Raymond had a fee proposal with him and tendered it to the Commission, stating if the Commission selects his firm, that would be their binding fee proposal, not subject to adjustment, for all services from start to finish on this bond issue. The proposal contained both the fee and the out-of-pocket expenses, which are both fixed fees. Mayor Weiner asked Attorney Cherof that since price is a con- sideration in this matter, and Mr. Raymond has submitted a closed envelope, if the public is entitled to have the envelope opened and the price given, and so that the Commission can make its~ determination. Attorney Cherof advised the Commission can make their first determination based on qualifications and defer with respect to price. Howard Whitaker, partner with the law firm of Greenberg and Traurig, having offices in Miami, Ft. Lauderdale and West Palm Beach, said Jim Vance, the senior partner of Vance and Doney, will be his co-counsel, and felt his qualifications were transcending and discussed some of them. He did not have a sealed bid with him but stated he would submit one if the Commission so desires. Jim Vance of Vance and Doney stated his qualifications and said he would be happy to discuss fees after the Commission makes its decision. Commissioner Matson asked all three parties if they carried pro- fessional malpractice insurance and if so, does it cover securi- ties transactions. Mr. Raymond said his firm carries 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 professional liability insurance in the amount of $5,000,000 which specifically includes public finance activities. Mr. Whitaker said his firm carries malpractice insurance in the amount of $20,000,000 with another ten or twenty million umbrella over that. Mr. Vance said he has not looked at his policy in that respect, not anticipating the question. His firm carries malpractice insurance in the amount of $1,000,000 and will also be writing under Mr. Whitaker's company. Mr. Whitaker added that with the amount of insurance Greenberg and Traurig has, the City would be adequately protected. Commissioner Matson asked Mr. Vance what bond issues he secured as bond counsel to the underwriter or the issuer other than as City Attorney. Mr. Vance replied that he did an issue approxi- mately two years ago for Palm Beach County Educational Facilities Authority in the amount of $5,000,000. Commissioner Matson asked Mr. Vance how many deals other than Boynton Beach issues he worked on with Mr. Whitaker. Mr. Vance said he worked with Mr. Whitaker on bond issues for the Lake Worth Utilities Authority. The largest issue was in the range of $40,000,000. He did numerous issues with him while he was City Attorney of West Palm Beach. He was local counsel with Mr. Whitaker on quite a number of issues for the City of Boynton Beach, including two of the issues that are being considered for refinancing tonight. Commissioner Matson asked Mr. Whitaker what his rating was. Mr. Whitaker did not believe he had one and said he did not know what it meant with regard to legal abilities, financial solidity or anything else. In response to Commissioner Artis, Mr. Vance said he has no conflict of interest with the City of Boynton Beach. He is currently representing the City of Boynton Beach in a lawsuit. Mr. Whitaker said he had no conflicts either. Commissioner Matson moved to select Moyle, Flanigan, Katz, Fitzgerald and Sheehan, P. A. as Bond Counsel. Commissioner A~uila seconded the motion which carried 3-2. Vice Mayor Harmening and Mayor Weiner cast the dissenting votes. Mayor Weiner declared a short recess at 8:38 P. M. resumed at 8:47 P. M. The meeting 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 PUBLIC AUDIENCE Ralph Marchese of 1901 Roma Way requested the Commission to let the Governor know the City of Boynton Beach still needs a bridge at Boynton Beach Boulevard. Mayor Weiner assured Mr. Marchese the Commission would do everything they could to make this a reality. Susan Kolvin of 623 West Ocean Avenue, Lake Boynton Estates, said her property is adjacent to the land on Northwest 1st Avenue where manufactured housing is being placed. The developers have piled their dirt on the back of her property without her per- mission. She complained to Code Enforcement two to three weeks ago and received no response. She then spoke to Wilfred Hawkins. After that the developers made an attempt to cover the dirt. The dirt is still blowing onto her property. She has a swimming pool that has been rendered useless because of the dirt blowing onto her property. Vice Mayor Harmening suggested the Building Department be instructed to immediately shut the entire job down until the dirt is removed from Mrs. Kolvin's property. Don Jaeger said one foot of dirt was on Mrs. Kolvin's property. He had the dirt moved back and covered; however, during the course of construction, the dirt sometimes becomes uncovered. He said he can monitor this situation better, and the contractor has been trying to deal with this situation. Commissioner ~Aguila said he would go out to the site next to Mrs. Kolvin's property the first thing tomorrow morning. Mayor Weiner assured Mrs. Kolvin the problem would be resolved. David Floering of 2616 Northeast 3rd Street said ten months ago when four of the members of this Commission were candidates, one of the main issues was that the City needed to improve its pro- fessional image. He said there presently still seems to be problems regarding matters dealing with City staff and City employees. Mayor Weiner interjected that she cannot allow his speaking about personnel matters. She advised that City Manager Miller handles all personnel matters for this City, including the Commissioners. and that City Commissioners do not take actions against City employees. Rev. William Albur¥ said there was a fire last Thursday which rendered 13 people homeless. That building is being repaired. Meanwhile, he obtained another piece of property and asked the Commission for $1,000 as a legal binder on the property. Mayor Weiner enlightened the Commission regarding this situation and 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 informed Rev. AlbUry that she contacted Remar Harvin, Director of County Housing and Community Development. Mr. Harvin said he would try to find an abandoned building the County owns in the City that is not in too bad shape and is not planned on being demolished. She expects Mr. Harvin's reply tomorrow or the next day, and advised Rev. Albury that the City has had financial problems and cannot offer him dollars. She told him the City can try to find a suitable building and try to help restructure that building through the Community Redevelopment Agency. Rev. Albury expressed his appreciation to Mayor Weiner. Commissioner Artis said she visited these homeless people and they informed her of some fines and code violations that are against the building they are temporarily using and are trying to purchase. She wondered if the City would relieve the finds and liens and allow them to take care of the violations. Commissioner Artis said they told her there are some contractors that have agreed to do the work on this piece of property once they have the deed. In response to City Manager Miller, Rev. Albury said the address of the property is 527 Northwest 10th Avenue. MAYOR WEINER DECLARED THE PUBLIC AUDIENCE CLOSED Commissioner Aguila left the meeting. DEVELOPMENT PLANS CONSENT AGENDA - UNANIMOUSLY APPROVED BY PLANNING AND ZONING BOARD Mayor Weiner asked if anyone on the Commission wished to pull either Motorola or Bethesda Memorial Hospital off the Consent Agenda for discussion. No one replied in the affirmative. 1. Project Name: Agent: Owner: Location: Description: Motorola PID Kevin J. Kelly, Schwab, Twitty & Hanser Architectural Group, Inc. Motorola, Inc. Congress Avenue at NW 22nd Avenue, south- east corner SITE PLAN MODIFICATION: Request for approval of an amended site plan to construct phase III of the planned industrial development to include 83,564 square feet of additional office space, 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 changes to the existing parking lot layout and design and the addition of 112 parking spaces. Commissioner Matson moved to approve this request for site plan modification. Commissioner Artis seconded the motion which carried 4-0. Commissioner Aguila had not returned yet. 2. Project Name: Agent: Owner: Location: Description: Bethesda Memorial Hospital Jim Bellucy, Assistant Director of Engineering, Bethesda Memorial Hospital Bethesda Memorial Hospital 2815 South Seacrest Boulevard SITE PLAN MODIFICATION: Request for approval of an amended site plan to construct a 93 space parking lot expan- sion. Commissioner Matson moved to approve this request for site plan modification. Commissioner Artis seconded the motion which carried 4-0. Commissioner Aguila had not returned yet. Be NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING None. OTHER - CITY COMMISSION SITTING AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA) Project Name: Sea Mist Centre and Marina CONTINUED FROM OCTOBER 15, 1991 CITY COMMISSION MTG. Agent: Craig Livingston Owner: Janet Hall Location: 700 Casa Loma Blvd: Casa Loma Blvd. (NE 1st Ave.) at Orange Grove Ave. (NE 6th St.), southeast corner Description: CONDITIONAL USE: Request for con- ditional use and site plan approval to raze the Sea Mist Marina dive shop to construct a 25,668 square foot marina project including a mixed use building of 13 multi-family residen- tial units and 12,356 square feet of office/retail and an 11 slip marina on .8 acres. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 At this point in the meeting, Commissioner Aguila returned. Mr. Cutro said this is a conditional use and site plan that was reviewed last night by the CRAB. The conditional use is to allow residential construction on this property. Petitioner is seeking to build a 25,668 square foot mixed use building which would be comprised of 6,000 square feet of retail space, approximately 6,000 square feet of office space, and 13 living units without any parking. The CRAB approved it; however, there were concerns from them concerning the technical aspects spelled out in the backup in the staff comments that have to be addressed. These are things that are normally addressed in the rectification pro- cess and would have to be corrected prior to the plans being approved. The Board also expressed some doubt as to whether or not the project would be buildable. However, they gave Mr. Livingston the benefit of the doubt and forwarded it to the Commission with a 3-1 recommendation on the site plan, not on the conditional use. Staff and the CRAB recommended approval of this. The only condition that was changed last night was the color of the building. The building will be peach, as opposed to beige, which is required by the Downtown Guidelines. The Commission viewed a rendition of the proposed marina project. Craig Livingston of 323 North Federal Highway, the architect representing the owners, discussed urban code versus suburban code. He said one of the unusual features of the property is that it is probably four fifths under water. There are 28 parking spaces in front of the building and are not included as part of the Lighthouse Square Marina parking calculations. As part of the Lighthouse Square approval, staff specifically said these will not be included in the Lighthouse Square parking calculations; they will be reserved calculations on the proper- ties to the south, of which the Sea Mist Marina will have the benefit of the 28 spaces. He talked about it being mixed use. He said they had the option of filling in the canal and building a parking lot. Based on the requirements of the City ordinances, they would be required to have 75 spaces, of which 28 are already on site. There are 111 parking spaces in the immediate area of this project. He hoped with projects like this going forward there would eventually be additional parking lots. They have had great interest as far as people wanting to purchase the units. They already have four or five people signed up for the office space. Mayor Weiner said she was unable to attend the CRAB meeting last night to listen to the discussion and she does not have the 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 Minutes of that meeting before her. She noticed from Mr. Cutro's memo that the vote was 3-1 and asked Mr. Cutro what transpired at the CRAB meeting. Mr. Cutro said the concerns raised last night revolved around the elevation of the street versus the elevations of the building. There is a 2½ foot elevation change in a very small area that is going to have to be negotiated. There were also questions of how to access the property and whether or not the sidewalk should be provided on site or off site. Vice Mayor Harmening said you cannot negotiate floor level. FEMA sets the flood plain elevation for this City, and in order to maintain the City's position in FEMA's insurance program, the flood plain elevation must be enforced. Mr. Cutro said he did not have any intention of issuing a permit for that. This process is not driven by staff; it is driven by the applicant. Staff makes the comments and the applicants have to rectify the comments. Staff does not have any ability to tell the applicants beforehand to rectify the plan. Discussion ensued regarding FEMA requirements and elevation. Commissioner Aguila felt the project would jam the site and he was concerned with the lack of landscaping. Commissioner Aguila moved to approve the conditional use, and to separate the site plan approval from this approval until such time as the comments and conditions are studied further and brought back to CRAB and to the City Commission. Commissioner Matson seconded the motion which carried 4-1. Vice Mayor Harmening cast the dissenting vote. 2. Project Name: Agent: Owner: Location: Description: Dr. Love's Orthopedics Parking Lot Addition Robert E. Fetrow, P.E. Rose & Albert Love 508 East Boynton Beach Boulevard SITE PLAN: Request site plan approv- al to construct a parking lot and landscape improvements to serve an existing 1,923 square foot building. Mr. Cutro said this is a request to add parking to an existing 1,900 square foot structure located at 508 East Boynton Beach Boulevard. The property is presently zoned CBD. It would 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 upgrade a situation where a building has no parking at the present time. It only has a gravel parking lot. When you have an improved parking lot, there is potential here for a future expansion of this building; however, that is not being proposed at this time. Staff recommended approval of this with all the conditions. The CRAB recommended approval of it with the con- ditions that are attached to the backup material. Robert Fetrow with Gator Engineering Services, 200 Knuth Road, Suite 214, Boynton Beach, was present and stated he is proposing a parking area for the use of this facility, which is a doctor's office. Commissioner Aguila inquired why there wasn't a dumpster or pro- visions for a dumpster on the site. Mr. Fetrow said they have a shared agreement for use of the dumpster at the Western Auto store next door. City Manager Miller advised that Western Auto is not locked in by the agreement. Therefore, if they decide not to share the dumpster, Dr. Love would have to get his own recep- table, and Public Works would have to select a suitable site for it. Other remarks were made by Commissioner Aguila clarifying that no stipulations or guarantees went with this approval as far as the building is concerned. Commissioner Aguila moved to approve this request for site plan approval to construct a parking lot, subject to staff comments. Commissioner Matson seconded the motion which carried 5-0. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 091-75 Re: Amendment to Appendix A-Zoning to allow ambulance services as a permitted use in the M-l, Light Industrial, zoning district Attorney Cherof read proposed Ordinance No. 091-75 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 8.A.d. OF APPENDIX A, OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH TO ALLOW AMBULANCE DISPATCH SERVICE IN M-1 INDUSTRIAL DISTRICTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 Commissioner Aguila moved to adopt proposed Ordinance No. 091-75 on second and final reading. Commissioner Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. e Proposed Ordinance No. O91-76 Re: Amendment to Appendix A-Zoning to allow vegetation mulching (recycling) facili- ties as a conditional use in the M-l, Light Industrial, zoning district Attorney Cherof read proposed Ordinance No. 091-76 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 8.A.l.b OF APPENDIX A, OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH TO ALLOW VEGETATION RECYCLING AS A CONDITIONAL USE TO A SOLID WASTE OPERATING AND RECYCLING FACILITY IN M-1 INDUSTRIAL DISTRICTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Mayor Weiner felt mulching in the City would be dirty and attract flies, and there would be stuff flying around. Commissioner Aguila moved to adopt proposed Ordinance No. 091-76 on second and final reading. Vice Mayor Harmening seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-1. Mayor Weiner cast the dissenting vote. e Proposed Ordinance No. 091-77 Re: Expanding non- conforming structures in Central Business District zoning district Attorney Cherof read proposed Ordinance No. O91-77 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR THE REGULATION OF EXPANSION OF NON-CONFORMING STRUCTURES WITH CONFORMING USES IN THE CENTRAL BUSINESS DISTRICT OF THE CITY; PROVIDING FOR CONDITIONS AND LIMITATIONS ON EXPANSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Mr. Cutro asked that this ordinance be continued until the next City Commission meeting. He found problems during discussion with the Building Official that he would like to discuss with the City Attorney. 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 Commissioner Aguila moved to table proposed Ordinance No. 091-77. Commissioner Matson seconded the motion. The motion carried 4-1. Vice Mayor Harmening cast the dissenting vote. Vice Mayor Harmening asked that the record reflect the only reason he voted against tabling this matter is because he is in favor of striking it from the agenda and not for tabling it. Proposed Ordinance No. 091-78 Re: Amendment to Appendix A-Zoning to provide a provision for time extensions for Planned Unit Developments (PUD) Attorney Cherof read proposed Ordinance No. O91-78 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX B, SECTIONS 10 AND 12 RELATING TO PROCEDURES FOR PLANNED UNIT DEVELOPMENTS (PUD); PROVIDING FOR AUTOMATIC REVIEW OF PLANNED UNIT DEVELOPMENTS; PROVIDING FOR CHANGES IN PLANS; PROVIDING~FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Commissioner Aguila moved to adopt proposed Ordinance No. 091-78 on second and final reading. Commissioner Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-1. Vice Mayor Harmening cast the dissenting vote. Proposed Ordinance No. 091-79 Re: Amendment to Appendix A-Zoning to provide a provision for Planned Commercial Developments (PCD) Attorney Cherof read proposed Ordinance No. O91-79 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING APPENDIX A, SECTION 6. F.11 AND SECTION 6 F.13. REGARDING PLANNED COMMERCIAL DEVELOPMENT (PCD); PROVIDING FOR A REVIEW OF PLANNED COMMERCIAL DEVELOPMENTS; PROVIDING FOR EXTENSIONS OF TIME; PROVIDING FOR CHANGES IN PLANS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Commissioner Aguila moved to adopt proposed Ordinance No. 091-79 on second and final reading. Commissioner Matson seconded the motion. Vice Mayor Harmening felt the City had enough plans for commer- cial development and the whole concept of planned unit, planned 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 industrial and planned commercial development is repugnant because one arbitrarily gives away some of the zoning now in place and seldom gets back anything worthwhile. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-1. Vice Mayor Harmening cast the dissenting vote. Proposed Ordinance No. O91-80 Re: Amendment to Appendix A-Zoning to provide a provision for time extensions for Planned Industrial Developments (PID) Attorney Cherof read proposed Ordinance No. O91-80 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 7. L. OF APPENDIX A - OF THE CODE OF ORDINANCES; PROVIDING FOR TIME LIMITS FOR INITIATING PLATTING FOR PLANNED INDUSTRIAL DEVELOPMENT DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Commissioner Matson moved to adopt proposed Ordinance No. 091-80 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-1. Vice Mayor Harmening cast the dissenting vote. B. Ordinances - 1st Reading Proposed Ordinance No. O91-71 Re: Towing Service in the M-1 (Industrial) Zoning District .................... TABLED Commissioner Aguila moved to remove this item from the table. Commissioner Matson seconded the motion which carried 5-0. Attorney Cherof read proposed Ordinance No. O91-71 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 8.A.l.b. OF APPENDIX A, OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH TO DESIGNATE TOW COMPANIES WITH EXTERIOR STORAGE AS A PERMITTED USE IN M-1 INDUSTRIAL DISTRICTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Commissioner Aguila moved to adopt proposed Ordinance No. 091-71 on first reading. Vice Mayor Harmening seconded the motion. A 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 roll call vote was polled by City Clerk Sue Kruse. carried 5-0. The motion C. Resolutions Proposed Resolution No. R91-172 Re: Water Service Agreement with Robert E. Miller, Trustee located on Miner Road (Ridge Grove - Lots 13 and 14) ................. TABLED Staff recommends this item remain on the table Attorney Cherof announced that proposed Resolution No. R91-172 has been tabled. e Proposed Resolution No. R91-187 Re: Proposal for pro- fessional services with Gee & Jenson to assist the City in the repair and restoration of structures and dunes/vegetation damage to Oceanfront Park during the "Halloween Storm" Attorney Cherof read proposed Resolution No. R91-187 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A PROPOSAL FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND GEE AND JENSON FOR REPAIR AND RESTORATION OF STRUCTURES AND DUNES/VEGETATION AT OCEANFRONT PARK, SAID PROPOSAL BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. In answer to a question by Commissioner Aguila, City Manager Miller said if someone really technical was needed, the City could seek Gee and Jenson; however, the bulk of the work could certainly be done by in-house engineers. Charles Frederick said as part of this project, he would like to not only repair the damage to the south center ramp, but also to extend that ramp further and add a section of stairs to the far south access point to the beach to alleviate the steep problems in accessing from the ramp to the sand. Commissioner Aguila thought this project could be done in-house to save expense, and thought this project should have gone to bid. Mr. Frederick talked about commencing this project now because of permit problems and construction problems during turtle season. 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 Commissioner Aguila moved to adopt proposed Resolution No. R91-187. Vice Mayor Harmening seconded the motion, which carried 5-0. e Proposed Resolution No. R91-188 Re: Approve contract agreement between the City of Boynton Beach and Camp Dresser and McKee, Inc., reference the development of a Storm Water Master Plan and Storm Water Funding Study (Storm Water Utility) for the City of Boynton Beach Attorney Cherof read proposed Resolution No. R91-188 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CAMP DRESSER & MCKEE, INC., TO PROVIDE PROFESSIONAL ENGINEERING SERVICES REGARDING THE MASTER PLAN/STORM WATER UTILITY FUNDING STUDY; A COPY OF THE CONTRACT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Harmening moved to approve proposed Resolution No. R91-188. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No. R91-189 Re: Agreement between the City of Boynton Beach and Palm Beach County, for a joint project participation in construction of water mains along US #1, South of Turner Road, to serve the Tradewind Estates Subdivision and surrounding commercial area in unincorporated Palm Beach County Attorney Cherof read proposed Resolution No. R91-189 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ADMINISTRATIVE ACTION TO PROCESS WATER AND SEWER SERVICE AGREEMENTS FOR THE TRADEWIND ESTATES SUBDIVISION; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Harmening moved to adopt proposed Resolution No. R91-189. Commissioner Matson seconded the motion which carried 5-0. 0 Proposed Resolution No. R91-190 Re: Antidiscrimination Policy on funding and use of facilities 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 Attorney Cherof read proposed Resolution No. R91-190 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROHIBITING THE EXPENDITURE OF CITY OF BOYNTON BEACH FUNDS IN CONNECTION WITH MEMBERSHIP TO ANY PERSON BECAUSE OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, ANCESTRY, SEX, AGE, MARITAL STATUS, SEXUAL ORIENTATION OR DISABILITY AND PROHIBITING CITY ACTIVITY IN SUCH FACILITIES; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Matson moved to adopt proposed Resolution No. R91-190. Commissioner Artis seconded the motion which carried 5-0. D. Other Review of proposed policy setting forth criteria and prerequisite for accepting letters of credit by the City in conjunction with developers' agreements, contracts, and other contractual obligations This is a proposed ordinance regarding revised language per- taining to policies for acceptance of letters of credit, and Attorney Cherof asked the Commission to consider it for first reading. Attorney Cherof thought that with the decline of the banking industry and name changing of banking institutions, it was time for the City to modernize its language with respect to standards for accepting letters of credit. This has been reviewed by the Finance Department and the procedures set forth in it are amenable to and functional for them. Vice Mayor Harmening liked this idea, but asked what would happen if a particular bank the City had received a letter of credit *from was taken over by another company. City Manager Miller said the City would then be stuck. It was the consensus of the Commission that the above proposed ordinance come forward for first reading. OLD BUSINESS ae Authorization to proceed with the work program as prepared by Facilities Management Division on repairs to the board- walk and other structures at Oceanfront Park City Manager Miller said this work is scheduled for in-house labor and a report was done by Gee and Jenson, indicating the 22 *Should read "was taken over by the Resolution Trust Company." MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 cost would stay within the $15,000 limitation. He asked for the Commission's authorization to proceed with this work program. Vice Mayor Harmening moved to authorize the work program to proceed on the boardwalk and other structures at Oceanfront Park. Commissioner Aguila seconded the motion. Vice Mayor Harmening expressed concern that the City's in-house forces were being cut short in order to take care of relatively major tasks. Mr. Frederick said Gene Lusk, Facilities Superintendent, indicated he may hire day labor to supplement the work process. The motion carried 5-0. NEW BUSINESS A. Items for discussion requested by Mayor Arline Weiner 1. Task Force on the Elderly report Mayor Weiner reported that approximately 25 people attended the first meeting of the Task Force on the Elderly on November 14, 1991 and remarkable progress was made. The Chair and Vice Chair have been elected and four committees were formed. They went through objectives and goals. Their second meeting is scheduled for December 5, 1991. The third meeting is an open meeting with Congressman Harry Johnston on Tuesday, December 10, 1991 in Commission Chambers from 2:00 P. M. to 4:00 P. M. 2. HRS Update Mayor Weiner reported that she and City Manager Miller went to see a couple of the patrons of HRS a couple of weeks ago and they were very helpful and seemed very enthusiastic about bringing HRS programs into the City. Since that time, the Governor has changed the way HRS is going to be handled in order to reduce costs and make it more efficient. He has changed the districts so that Palm Beach County will now be one district of HRS. 3. Countywide Planning Council resolution for repeal Mayor Weiner reported there is now an opportunity to repeal the Countywide Planning Council to sunset it, which has to be done 30 days before January 1, 1992. She requested the Commission's authorization to have the City Attorney draw up a resolution to put the City on record as repealing the Countywide Planning Council. 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 Vice Mayor Harmening moved to direct the City Attorney to draft the appropriate resolution to put the City on record as in favor of sunsetting the Countywide Planning Council. Commissioner Aguila seconded the motion which carried 5-0. OTHER Commissioner Artis stated for the record that she requested information from City Manager Miller this afternoon regarding a woman who was cleared by HR~'~O have an HRS-~home care center in her home to care for five children. The woman has a problem obtaining a fire inspection because she does not have an occupa- tional license. B. Items for discussion requested by Commissioner Lynne Matson Collection of food and goods for the underprivileged through the Dick Webber Center of Boynton Beach Commissioner Matson stated the Dick Webber Center works with families from Boca Raton to Jupiter. She expressed concern with the people in Boynton Beach that they are serving and requested the Commission's approval to put two moving barrels wrapped in Christmas paper in the lobby to collect clothing and food for the needy families in Boynton Beach only. She volunteered to purchase the barrels herself if she could not get a moving com- pany to donate them, saying this would not cost the City anything. It was the consensus of the City Commission to approve Commissioner Matson's request. D. Proposed amendment to the lease agreement between the City of Boynton Beach and the Concessionnaire on the lease conditions and rental payments at the Bait Shop at Boat Club Park Mr. Frederick said the Concessionnaire is basically trying to salvage his business, still get a fair rent and provide a service to the park. He said Mr. Wilson felt this was a fair arrangement and will do his best to make it work. Vice Mayor Harmening moved to approve the proposal. Aguila seconded the motion which carried 5-0. Commissioner CITY MANAGER'S REPORT City Manager Miller reported the Golf Course Advisory Board wants to review the architect's report for the greens and sand traps 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 with the City Commission. The workshop was set for Monday, December 2, 1991 at 3:00 P. M. At this point in the meeting, Commissiner Matson left the Chambers. ADMINISTRATIVE A. Accept resignations from the following boards: 1. Clarence Ellington, Jr., Regular member, Community Relations Board 2. Nello A. Tineri, Regular member, Community Relations Board 3. Diane M. Hardin, Regular member, Employees' Pension Board Commissioner Aguila moved to accept the resignations from Mr. Ellington, Mr. Tineri, and Ms. Hardin. Vice Mayor Harmening seconded the motion which carried 4-0. Commissioner Matson had not yet returned. Be Appointment To Be Reg/ Made Board Alt Length of Term Expiration Date Matson Artis Artis Artis Weiner Aguila Harmening Community Relations Bd Reg Community Appearance Bd Alt Board of Adjustment Alt Community Relations Bd Reg Cemetery Board Alt Community Relations Bd Reg Employees Pension Bd Reg Term expires 4/92 TABLED Term expires 4/93 TABLED Term expires 4/92 TABLED Term expires 4/93 Term expires 4/92 Term expires 4/94 Term expires 4/92 Commissioner Artis, Mayor Weiner, and Vice Mayor Harmening requested their appointments remain on the table. When Commissioner Matson returned to the meeting later, she also requested her appointment be tabled. There were no objections to Commissioner Aguila's appointment of Joy Currier as a regular member to the Community Relations Board. C. South Lake Worth/Ocean Ridge Beach Restoration Project City Manager Miller requested the Commission to endorse this pro- ject and forward letters to the appropriate legislators urging them to assist the City the best they could in appropriating dollars for this project. He reported that D.N.R. requested State funding for the South Lake Worth Inlet/Ocean Ridge 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 Restoration project, and the decision to fund the project is now before the Florida Legislature. D. Consider approval of Change Order ~17 for extra work at Ezell Hester Park on the ceiling in the Concession Building City Manager Miller said the original plans called for all the ceilings in the restrooms, concession area and storage room to be 5/8" sheetrock. Upon considering the use, abuse and vandalism expected at this facility, a stucco or wire-lath ceiling is recommended. Commissioner Aguila moved to approve Change Order 917 for Ezell Hester Park. Vice Mayor Harmening seconded the motion which carried 4-0. Commissioner Matson had not yet returned. E. Consider approval of Task Order No. 19 - Ecological Services for the Relocation of Gopher Tortoises (on the 7.87 acre tract of land south of the East Water Treatment Plant) and prepara- tion of a Site Management Plan Peter Mazzella, Assistant to the Utilities Director, said this Task Order is the next step in the development of ~he site which was purchased earlier this year. WRen the site was purchased, Gee and Jenson and CH2M Hill provided an environmental assessment to see what was on the site. This Task Order involves a system- atic count of the gopher tortoises on site to see how many there are, an evaluation of a relocation site, and the actual reloca- tion of the tortoises to another site. They are looking at the Ezell Hester preserve site, but first they have to count how many there are and get a permit from the Florida Game and Fresh Water Commission. This study also entails doing a tree survey for all trees that have to be preserved or relocated, and detailing the exact location of the approximately 0.75 acre preserve which will be set aside. Commissioner Aguila felt $33,500 was a high figure. Mr. Mazzella said because the site is overgrown, they do not know how many trees have to be surveyed. It would cost $12,000 for the tree survey portion from local surveyors who are familiar with the site. The gopher tortoise assessment, the counting, and reloca- tion study comes to approximately $17,000. Funding will be pro- vided by the Utility Capital Improvement Fund. Commissioner Aguila moved to approve Task Order No. 19. Mayor Harmening seconded the motion which carried 4-0. Commissioner Matson had not yet returned. Vice 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 City Manager Miller told Mr. Mazzella that he would like Stella Rossi involved in and informed of any activities pertaining to this project. Commissioner Aguila requested Mr. Mazzella to keep track of the expenses so that he could see what the project cost at the end. At this point in the meeting, Commissioner Matson returned. F. Authorize amendment to Appendix A-Zoning, to include limita- tions on restaurants located in the C-1 zoning district, sub- ject to conditional use approval Mr. Cutro said this is a request to authorize staff to prepare a series of conditions for restaurants in the C-1 zoning district. The Planning and Zoning Board discussed this. It was their feeling that the original recommendation that they made approxi- mately a year ago regarding restaurants had been somewhat taken out of context with regard to the Buschs' Restaurant request. Because of that they asked staff to see if they could come up with some conditions. The conditions are in the backup. Mr. Cutro asked for authorization to go to the City Attorney and together they will write up an ordinance that would place those conditions in there and bring it back to the Commission in two to four weeks. Vice Mayor Harmening was in favor of it only if it is more restrictive. Mr. Cutro assured him it would be more restrictive. Mayor Weiner felt restaurants should be allowed to serve alcohol. There was discussion about allowing the restaurants to serve alcohol, and about the square footage of the buildings. It was the consensus of the Commission to authorize Mr. Cutro to work with Attorney Cherof on an ordinance amending Appendix A-Zoning to include limitations on restaurants located in the C-1 zoning district, subject to conditional use approval. CONSENT AGENDA A. Minutes 1. Workshop on Annexation & Redistricting Meeting Minutes of November 4, 1991 2. Regular City Commission Meeting Minutes of November 5, 1991 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 With reference to the Regular City Commission Meeting Minutes of November 5, 1991, Commissioner Aguila said on page 24, in the first paragraph under (D), on the second line, it should read transmission "towers". Be Bids - Recommend Approval - Ail expenditures are approved in the 1991-92 Adopted Budget 1. Printing specifications for "Boynton Bulletin" The Tabulation Committee recommends awarding the bid to the low bidder, Lake Worth Herald Press, Inc., Lake Worth, Florida, in the amount of $22,180.00. Ce Consider approval to purchase Survey System-electronic distance metering with accessories The purchase of this equipment was approved in the 1991/92 budget and funds are available in account 9401-391-5-642.00. Sherman Survey Supply quoted a price of $8,380.00 for the Nikon DTM-A20 LG "Total Station" and complete accessories. This price is lower than GSA contract prices and is good until November 30, 1991. This equipment is used to survey water, sewer and drainage and is invaluable for use in construction work. D. Payment of Bills - October 1991 A list of these bills is attached to the original minutes on file in the City Clerk's office. E. Budget Transfer for funding of copiers Justification of Budget Transfer Request, dated October 22, 1991, is to combine all copy machine rentals into one central account. Approval records destruction request - Communications and City Manager's Office Records Destruction Requests 9217 and ~218 has been approved by the State. Approve request for refund on cemetery Lots 6 & 7, Block M, Boynton Beach Memorial Park Vernon A. Tumbusch requested refund in the amount of $200.00. Approval of Bills, including SCE Inc. for odor abatement, in the amount of $221,360.67 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 19, 1991 The list of bills is attached to the original minutes on file in the City Clerk's office. I. Receive and file departmental activity reports Commissioner Aguila moved the approval of the Consent Agenda. Commissioner Matson seconded the motion which carried 5-0. OTHER None. ADJOURNMENT There being no further business, the meeting property adjourned at 10:25 P. M. THE CITY OF BOYNTON BEACH ATTEST: Cit~Clerk Recording Secretary (Four tapes) Mayor (~ner ~Commiss ioner 29 AGENDA November' 19~ 199'i XI. CONSENT AGENDA cc: Rec, Adm!n- Util Finance 12. ALLEN ''* .... tNoURANuE AGENCY Policy ETB 12988-WiII ~' fd t/Intelhtlonal Death Hazar'd for' Police and Fire (10/1/91 - 10/1/92), Pay from Self Znsur'ance Fund---622-195~5-1~-O0 ALLIED LIME Bl,=~k*..,.~ P,0.221 - Pebble Quick Lime for' Water' Pay fl'om Water' & Sewer' Fund~-W~Ol~S32-5-S65-O0 BETTER BUSINESS FORMS Blank Payr'oll and Treasures Fund Checks, Pay from Geiqer'al Fund .... 00~-I31-5-472-00 E, OCA TIRES Blanket P,O, 5~ - T$1"es roi" *fo ~ock at V,~,, ='"'¢.~hou=,s..,~ Pay fr'om Warehouse Fund---502-O00-O-410- I7 BROOKS PRODUCTS~ INC, 150 MeteF .... oox~ for' Water' P~str'ibution, Pay from Ware." & Sewer' Fund .... ~01-333-5-387-00 CENTER FOR FAMILY SERVICES Employee Assistance Progr'am - November' 1991. Pay fr'om Gener'al Fund-~-OO1-135-5~a82~O0 CHARLES F, ANKROM~ ][NC, besigr, Remodeling Pr'oLqram~Championship Golf tout'se, Pay fr'om Golf Cour'se Fund ..... a.~I-726~5-680-09 CHUCK~S AUTO REPAIR Repair' Vehicle ~./+07~ Accident dated 10/12/'91~ ,-ax from Self J..nusurer's Fund---622-195-5-a~aO-01 ,30LONIAL PRODUCTS Blanket P,0,212 ~ Fer't~l~zer for' Faf~' "k.~,'~ ....Dapt, Pay from ........ " ?' ~- . u,¢n~r a~ Fund---O01~, 22-5-561-00 DATA FLOW SYSTEMS~ INC, Repair' -- ~ ,~na Pr'ogram PLC at 3 MG Tan!<, Pay from Water' & Sewer' Fund--~401-332-5-499-O0 DAVIS WATER & WASTE Blanket P~.O, 230 - Scr'ubber' Rental for October'~ t991, Pay fr'om Water & Sewer Fund .... 401-352-5-L~99-00 ELKINS COqSTRUCTORS., INC, Water' Tr'ea.+..ment Plant lmpr'ovements - Payment fr'om Utility Capita] lmpr'v, Fund---404-O00-O-690-10 $ 2~736,00 '16~962,73 !~188,72 2~068,88 2~712~50 1~408,35 7~208,00 1~002,00 2~000,00 3,000.00 47~921,79 APPROVAI- 13, 15, 16, 17, 18, 19, 20~ 22~ 23~ FLORIDA LINEMPLOYHENT COMENSATION FJND Unemployment Benefits quax'tex' Ending 09/30/91, Pay Fx'om Gener'al Fund---001-19/~-5-132-00 I.,186,17 Pay tx'om Golf CF'S Fund--~'11-725-5-132-00 1~134,56 ~11~726-5-132-00 ~o ...... 71 BEN HOGAN COMPANY Various Merchandise fox' the Golf Course Px'o Shop~ Pay tx'om Golf Course Fund---,~11-000-0-~20-10 HUGHES~,~,°q°r:'~v~,~ INC, TWO Drilling Machines anci Foux' t5/16" Dr'ills, Pay fx'om Water and Sewex' Fund ....... #01,-333-5-6~2-,~00 IBM Blanket P,O, ~I - Maintenance on As//+00 Equipment, F,~y tx'om VariousD~=p~ i~..=, JEFFREY ALLEN~ ZNC, 120 Golf Car' Batteries, Pay from Golf Course Fund---~l JOSIAS & GOREN~ P,A, Statement for' Services - October'~ 1991 - Doctor's Pet Center' - $50,00~ RTE - $50~00~ Summit Assoc~ $200,00~ Mondr'ian Mortgage Cox'p. - $50,00; PBA - Winchester' - $100,00~ McClam - $I00,00~ DCA ~ $120~00a Knowles - $~0,00~ Cook Construction - $100,00~ Refunding Bonds - $~,850,00~ Overington - $80~00~ Gulfstream - Hosking - $225,00; St, Juste -- 820,70~ ZBF - $~20,00 Pay from General fund .... 001-1al-5-~61-00 HATRX ~ . ,arlket P,O,92 - Emex'gency Medical Supplies fox' Fire Dept, Pay from Gener'al fund---O01-221-5-371-O0 MOTORO_A~ Six Public Safety Speaker Microphones WI Pay fx'om General Fund---001-2'i1-5-318-00 MUNICIPAL CODE CORPORATION 100 Copies of Supplement No,~8 fox' City Elks. Office, Pay from General Fund---001-1=2o -~-~.. 1~4-00 PRIDE OF FLORIDA Blanket.. P,O. 252 - Var'~ ous' Tire cu, Jr cha.:==.=., ~.~= Pay tx'om Vehicle Service Fund---501-193-5-322-00 RAY blASTERS PRODUCTION Team & Coaches Shirts for' Youth Soccer Pr'ogr'am~ Pay from Gener'at Fund---001-721-5-38/~-O0 CO 2~671,12 1~600,00 1~600,35 1~276.00 2~031,05 2~320,5~ 2~983,g3 1~310,50 , ,;SSION NOV 19 I991 APPROVAL 24. 25. 26. 27. 29. 30. 32. 33. 34~ 35. ROBERTS & REYNOLDS~ Pr'ofess~ona] Ser'v~ces Render'ed Thr'u 9/30/91~ Po]~ce L{ab~l~ty Cases -~ attor'neys selected thr'u F]or'~da Municipal League, Pay fr'om 90/91Budjet/Setf Znsur'.Fund---622-JgS-s-a68-O0 R JDIK PRINTING Pr'~nt~ng of Status Car'ds and Incident Car'ds for' the Communications Dept. Pay fr'om Gener'al fund---O01-197-5-~72-O0 RVBOVICH SPENCER GROUP 8~2 Fue] P{ncher' Rebuild Engine Veh¢c]e App]~cat~on 'N" for' use w/ Automatic Tr'ansm~ss~on, Pay fr'om Veh~ Set'v. Fund---501-193-5-~32-00 SAV-ON UTILITY SUPPLIES,, INC. 6" Res'i]{ent Seat Gate Valve w/ Accessor']es,, Pay fr'om Water' & Sewer' LIt]l~ty Fund ...... 421-000-0-690-2t SEALAND ¢nM~p^,~¢,°¢ Payment ~I0 - Constr'uct~on of Ezell Hester' Pack, Pay 'f~'om Public Svs. Tax Constr',Fund~--301~721-5~6~O-30 SOUTH CENTRAL REGIONAL WASTEWATER TREATHENT & DISPOSAL BD. F~na] Payment -Pa]m Beach So~] and Water' Conser'vat~on Study, Pay fr'om Utility Capital Impr'v. Fund .... ~0~-000-0-691-20 SPALDING Var'~ous Golf Equ~'p~snt for' Pr'o Shop, Pay fl"om Golf Cour'se Fund .... #11-000-0-~a20-10 SLNRZSE FORE, TRACTOR CC'.~ INC~ Blanket P.O. 265 - Repai'r's to Veh{cies 8061 & 8057~ Pay fr'om Veh{cle Ser'v~ce Fund .... 501-I93-5-~32-00 T-*SqUARE BLUEPRINT CC,. Kr'ov Letter'~ng k~ach~ne~ Kaber' Plan ~,?~,~ht & Tapes Pay 'fr'om Gener'al Fund---001-151-5-672--00 $1,019.95 001-151-5-311-00 ~65.~ TARE LAWN NAINTENANCE Blanket P,O. 68 - Landscape Maintenance Pay 'fir'om Gener'al Fund~--00"-72z-~-~0-15~ ~ '" TRAILING EDGE TECHNOLOGZES~ INC. B]anket P.O~ 272 - Tech Assist. and F~ne Tun~ng for' Var'gable Fr'equency Dr'~ves. Pay fr'om Water' a Sewer' Fund---~01-352-5-~33-O0 UNDERGROUND INDUSTRIES~ INC~ Payment ~ P~O.~87090 - Raw Water' Ma~'n Wells &W-11W. Pay fr'cfn 1985 Constr'uct~on Fund .... ~09-000-0-690-10 $ 26~306,51 1~570.00 1as~938.a6 750,00 590, 1~385,38 2~605.00 I 232~680.29 COMMISSION NOV 19 ]99] 38. 37. 38~ 39~ OSCAR VAGZ & ASSOCZATES October' Constr'uct{on Adm~n~str'ation for' Eze]l Hester' Par'k. Pay from Public Svs. Tax Constr'.Fund---301-721-5-46S-02 VANCE & DONEY~. P.A. F'r'ofessional Services Render'ed 10/1/91 - 10/Sl/'91 (F~n~z~o vs. C~ty of Boynto~ Beach). F'ay fr'om General Fund ..... 001-141-5-468-00 SEALAND CONTRACTORS... ZNC. Payment ~9, P.O.86592 - Constuction of Ro]]~ng Gr'een Park Pay fr'om F'ub]~c Svs. Tax Cons~zr'. Fund---301-?21-5-634-01 l l,._ ~:,, '~ POST OFF~CE ~¢i nter' Bul 1 et'~ n Ma~ 1 ing, F'ay from Gener'al Fund---O01~721--5-478-00 3~857,87 7~76S.~6 53~055,35 3~216.00 These bil]s have been approved and verified by the department heads involved, checked and appr'oved for' payment~ D{ane Reese~ Assistant Finance D~r'ector' therefore recommend payment o'f these b~lls. Added-SCE, INC. Odor Abatement Project ,-~/XScott M'~ller'~ City ~gei" $22],360.67 Pay from Public Service Tax Constr.---409-000-0-69]-20 COMMISSION APPRovaL III o i >41. t 0oo0o i L