Minutes 08-20-91MINUTES OF REGULAR CITY COMMISSION MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON
TUESDAY, AUGUST 20, 1991 AT 7:00 P.M.
PRESENT
~rline Weiner, Mayor
Edward Harmening, Vice Mayor
~illian Artis, Commissioner
~ynne MaSson, Commissioner
James Cherof,
City Attorney
J. Scott Miller,
City Manager
Sue Kruse,
City Clerk
BSENT
~ose Aguila (excused)
CALL MOMENT OF SILENT PRAYER, PLEDGE OF ALLEGIANCE
TO
ORDER,
ayor Weiner called the meeting to order at 7:00 p.m. After a
oment of silent pra'yer, the Pledge of Allegiance to the Flag was
ed by Mayor Weiner.
AGENDA APPROVAL:
. Additions, Deletions, Corrections
2ity Manager Miller added to Approval of Bills, Item XI-H,
~onsent Agenda. This is the Solid Waste Authority bill for the
nonth of July in the amount of $132,566.29.
~ayor Weiner added an item under VIII-New Business, I'tem A-4.
Phis will be a report on the Ridgewood Hills Drug Rally.
Adoption
Vice Mayor Harmening moved to adopt the agenda with additions.
the motion was seconded by Commissioner Matson and carried 4-0.
.%NNOUNCEMENTS
Proclamation
a. Month of September, 1991 as Sickle Cell Month
~ayor Weiner read a Proclamation naming September, 1991 as
~ell Month.
Sickle
Second City Commission meeting in September will be held
on Thursday, September 19, 1991 at 7:00 p.m.
This change was made because the Jewish holiday coincides
with the regular meeting day.
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
PRESENTATIONS
!- Certificate of Commendation to Sgt. Marlon Harris
City Manager Miller asked Jim Ness, Emergency Medical Service
Coordinator, to explain the background of this situation. He
explained that a great deal of time goes towards aiding and com-
forting the citizens of Boynton Beach, but sometimes, a major
difference is made.
On August 6th, an eight-month old infant was successfully
resuscitated from a drowning in a family pool. Sgt. Harris was
ispatched and found the child in cardiac arrest, secondary to
rowning in the pool. He began CPR immediately. He continued
outh-to-mouth resuscitation even though the child continued to
omit~ When Fire and Rescue units arrived, they took over the
~esuscitation until a back-up Rescue unit arrived. Upon arrival
at the hospital, the child was breathing on her own. She was
discharged from the hospital the next day with no ill effects.
This life was saved through the combined efforts of three
~eparate departments. Sgt. Harris, the Fire and Rescue personnel
were commended.
City Manager Miller and Mayor Weiner presented a Certificate of
Commendation to Sgt. Marlon Harris for professionalism, dedica-
tion and heroism in saving the life of a child.
Sgt. Harris thanked Jim Ness for his back-up work.
City Manager Miller also recognized Ed Hermann, Jose Alfonso,
Jeff Kenbaucher, Gill Rahrig, Ed Esteves, Bob Sears, Capt. Bob
Brown and Jim Ness.
2- Ocean Ridge Garden Club for contributing to the beautifica-
tion of the south end of Oceanfront Park
Mayor weiner recognized the Ocean Ridge Garden Club for their
~ontribution to the beautification of the south end of Oceanfront
park by planting sixty-five shrubs. Specifically mentioned were:
Charlotte Karl, President, Gloria Gregory, Vice President,
Annabel McKeever, Treasurer and Wanda Phillips, Member.
B~'DS
None
2
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
pUBLIC HEARING
PROJECT NAME:
APPLICANT:
OWNER:
LOCATION:
DESCRIPTION:
Williams Auto Sales
None
Horace A. Williams
1009 N. Federal Hwy.; approximately
108' south of the southwest corner
of N. Federal Hwy. & NE 10th Ave.
CONDITIONAl USE: Request for con-
ditional use-approval to allow for
the establishment of a used car lot.
4r. Cutro stated staff recommended approval of the conditional
]se to the Planning & Zoning Board; however, the PZB unanimously
recommends denial of the request.
4r. Andy Williams, 126 SW 10th Avenue, Boynton Beach, spoke on
lis own behalf. He has been working with staff for months in an
~ttempt to conform with every conditional use. He plans a small,
tow-key operation. He has spent a considerable amount of money.
{e has watched the neighborhood decline and would like to stop
~hat from happening. He has already cleaned up the area. His
)usiness will be an attractive, low-profile used car lot. No
~epairs will be done on the premises. Repairs will be done
locally at shops in Boynton Beach. He is interested in clean,
:etail sales only. He expressed his concern that local residents
must go to Delray and Lake Worth to purchase an auto.
~AYOR WEINER OPENED THE PUBLIC HEARING.
ommissioner Matson asked Commissioner Artis to read a letter *
nto the record from Don Faron of 602 N.E. 20th Lane, Boynton
~, Florida. The ~~ition of the resi-
9ents-~-~-~-~tersedge Community to the used car lot at this
location. The Commission was urged to support the Watersedge
Community by voting not to approve the application. (The letter
Ss on file in the ci~yLclerk's Office with the original copy of
%he minutes.)
~ommissioner Artis questioned whether there is any way to assure
~hat Code Enforcement could enforce not changing oil and making
~epairs on this particular lot. Mr. Cutro explained if the City
lommission chooses to approve this application, a separate motion
s needed approving a license. Conditions can be attached to
~hat license.
~ommissioner Artis wondered what would happen to the property if
Mr. Williams chooses, in the future, not to continue. Mr. Miller
9xplained the conditional use will be lost. He further stated
his is a conditional use for a use only, not for ownership. Mr.
Williams could sell this lot to another individual and as long as
*Due to illness,
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
it is operated in the same manner, there would be no problem.
However, if the operation ceases for a period of six months or
more, the conditional use will be lost. Mr. Cutro explained that
the conditional uses placed on the license would also transfer
With the license.
Commissioner Matson made mention of the fact that at the last
Commission meeting, Commissioner Aguila brought up the subject of
C-4 zoning along Federal Highway. She remembered staff being
directed to look into drawing up an Ordinance to eliminate this
type of use in C-4 zoning.
City Attorney Cherof explained that there having been a vote of
the Commission not to impose the zoning in progress Ordinance or
restriction, the Commission is obliged to consider Mr. Williams'
application.
Mr. Williams again approached the podium to explain that he
acquired the property approximately five months ago. He had no
idea it would be so difficult to open his business. He has
agreed to meet every condition. He doesn't plan to do repairs at
~he location, but that can be a condition placed on the use. He
doesn't intend to sell this business. He plans to grow and even-
tually retire. He is willing to meet every condition and spend
his life savings on this business. He has gone through every
step personally. He has presented his case honestly. He is
.neeting a conditional use. He bought a book and has read it over
and over again. The book says this can be done and he does not
understand why anyone would want to stop it. This will be a
lifetime investment for him. He questioned why he should have to
ight to go into business to make a living. He stated that the
~sed car business is a tough business and has a bad reputation.
He wants a chance to operate this business. He explained that it
nas gotten very expensive just to get the doors open.
~"ynthia Greenhouse, 618 N.E. 20th Lane, spoke as a member of the
Planning & Zoning Board and a resident living in the immediate
rea. She explained that in determining whether or not to
~pprove this conditional use, the Planning & Zoning Board con-
sidered all of the facts that the City Attorney pointed out in
rendering a decision. After careful consideration, they deter-
mined unanimously this is not the use they want to see continued
on Federal Highway. She stated that it is a conditional use
because the City thinks it may have a negative impact on the
surrounding residences. She claimed that if a business ceases to
operate for over six months at this location, it looses its sta-
tus of being able to be a used car lot at that location. Any
purchaser would be aware of that. She claimed to have no quarrel
With Mr. Williams and believes he intends to have a beautiful
bperation; however, there is nothing the Commission can do to
prevent him from selling the business to anyone in the future.
4
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
She pointed out past experiences with car shops on Federal. She
feels many of the businesses are beginning to look quite attrac-
tive in the area and asked the Commission to support the resi-
dents in denying this application.
City Attorney Cherof corrected Ms. Greenhouse by stating that a
conditional use is not a use that the City has designated as one
of the uses they want to phase out. A conditional use is one
which is permissible provided there are certain conditions
applied to it to control the situation.
Vice Mayor Harmening moved to APPROVE the conditional use.
Vice Mayor Harmening explained that many people cannot afford to
buy new cars. He feels business would be quite good for a used
Car dealer. Mr. Williams has convinced him he will run a clean
Operation and deserves a chance. He also feels U.S. 1 can stand,
and has in Lantana, Lake Worth and Delray Beach, many automobile
~ealerships, both new and used.
~ommissioner Artis seconded the motion which carried 2-2. The
notion FAILED. (Mayor Weiner and Commissioner Matson cast the
~issenting votes.)
PROJECT NAME
AP PL I CANT:
OWNER:
LOCAT I ON:
DESCRIPTION:
Williams Auto Sa les
None
Horace A. Williams
1009 N. Federal Hwy.; approximately
108' south of the southwest corner
of N. Federal Hwy. and NE 10th Ave.
ABANDONMENT: Request for the abandon-
ment of a 20' wide alley.
Vice Mayor Harmening moved to GRANT the abandonment subject to
~imultaneous execution of a general utility easement. Commis-
~ioner_Matson seconded the motion which carried 4-0.
UBLIC AUDIENCE
~argaret Newton, 701NW 4th Street, questioned the Commission
~egarding the redistricting of Boynton Beach. Mayor Weiner
nformed her the redistricting is being considered and explained
t is being done because of the 1990 census. The demographics
lave changed. Mr. Cutro is drawing up two maps in each of the
our districts of the City. There will be approximately 11,000
eople in each district so that each district will have the same
umbers of people. Since the Commissioners, regardless of
~istrict, run City-wide, this will only have to do with where you
5
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
live in order to be a candidate to run. Ms. Newton was concerned
as to how the public will give input into the decision. Mayor
Weiner stated a public meeting will be held which will be adver-
%ised through the Commission agenda. She explained this is
strictly an administrative matter. The districts will be
equalized. Districts have not been changed since 1983. In
response to a question by Ms. Newton, Mayor Weiner stated citi-
Zens can become involved.
~4ayor Weiner instructed City Manager Miller to arrange a public
Workshop before these maps are brought before the Commission. He
Will arrange for the workshop in mid to late September.
retha Madeus, 4018 NW 4th Avenue, thanked the City Commission
or their help and participation in the anti-drug activities on
behalf of the Ridgewood Hills Neighborhood Association. Dick
~regory brought attention to the problem, but without the help of
Commission, Police Department, Parks and Recreation Department
and the City Manager's Office, it would not have been quite as
~uccessful. A problem still exists between 11:30 p.m. and 5:00
.m. They will ask the Police for beefed up patrols during those
reas. However, there has been some decrease in drug and prosti-
tution activity on the street. They are beginning to move onto
2nd Street. She asked for continued support and participation.
Mayor weiner discussed her report regarding this subject. With
~espect to Ms. Madeus' request regarding the two trees, Mr.
~iller had Mr. Hallahan look at the trees in question. It was
~ecided that one tree on the south side of 3rd Street will be
removed and the one on the northwest corner will be severely cut
Dack on a semi-annual basis.
Lee Wische of 1302 SW 18th Street, asked to clarify a situation
~hich occured at the last Commission meeting. He explained that
2ommissioner Matson made a motion to put an item on the agenda
and Mayor Weiner said she would not put it on the agenda. Then
~ommissioner Matson made the statement into a motion. Vice Mayor
.~armening said there was no need for a motion because you need a
~nanimous vote. He questioned if this is true and stated it is
not. Vice Mayor Harmening said this information is stated~ in
Robert's Rules of Order. Mr. Wische informed the Commissioners
~f their right to question the attorney when there is doubt. Mr.
Nische questioned Mr. Cherof as to whether or not the Vice
Mayor's statement was correct.
Mayor Weiner explained that as presiding officer, she determines
the make up of the meeting. There has been an agreement among
the Commissioners that no item of substance will be added to the
~genda at the last minute. They have adhered to that decision.
The item in question was given to the Commissioners after they
Sat down for the last meeting. There was enough time for the
6
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
item to be heard in a timely fashion before an extension was
necessary. In addition, the Attorney ruled that since
Commissioner Aguila would be absent from this meeting, it would
c
arried over until the September 3rd meeting when there would
a full Commission.
Mr. Wische insisted Attorney Cherof respond to his question.
Attorney Cherof explained there are two procedural points. Mayor
Weiner is correct in that she chairs and governs the meeting.
Unless there is a specific request with respect to a rule of
arliamentary procedure, the attorney is not permitted to address
he question. If it passes that point, Robert's Rules has two
~onflicting issues. One provision deals with standing committees
Or programs which is questionably applicable and makes reference
o a unanimous vote being necessary to change an agenda. The
econd provision is equally unclear where it states that a 2/3
9ote is required. Neither one is a procedure adopted by the
Commission or followed by the Commission.
Mr. Wische suggested they adopt one procedure or the other to
Clarify things.
Mr. Wishche also brought up the subject of the water tower. He
as two schemes in the but the cost has not been
seen
newspapers,
9oted. He asked why the public has not been informed about the
cost of insurance and the effect on traffic and parking con-
itions. None of these items are mentioned in the newspapers.
e feels more pertinent facts are needed. He is interested in
he cost of a regular water tower versus the one proposed by Mr.
ickel.
~ayor Weiner stated that for general information purposes, when
he sketches were brought to the Commission by Mr. Pickel, the
ommission requested Mr. Cherof to research the matter to see if
private donations could be mixed with public funds. There is a
~ertain amount in the Utility budget for building a water tower.
~f the Commission decided to pass Mr. Pickel's version of the
~ater tower, and it was more expensive, it would have to be done
with donations. No answer has yet been forthcoming from the
9ttorney.
~lizabeth Jenkins, 711 NW 1st Street, expressed concerns with a
~ree on NW 9th Avenue. Last Friday evening, someone drilled
]oles in the tree and filled the holes with oil. She has taken
)ictures for evidence. She also gathered some of the soil con-
~aining the oil. Ms. Jenkins notified the Police Department and
'~sked if a policeman in the area would inspect the tree to verify
]er statement. She spoke with Sgt. Harris who stated there was
~othing the Police could do and felt the owner might have done
'~his in an attempt to tell the people who sit under the tree to
Leave. In an attempt to remove a Melaleuca tree, it was
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
necessary for her to appear before the Commission. It isn't fair
that nothing can be done in this instance. Carrie Parker will
fOllow this up.
MAYOR WEINER DECLARED THE PUBLIC AUDIENCE CLOSED.
DEVELOPMENT PLANS
A. CONSENT AGENDA
PROJECT NAME:
APPLICANT:
OWNER:
LOCATION:
DESCRIPTION:
City of Boynton Beach - Activity Center
Bill DeBeck, Project Manager
City of Boynton Beach
125 SE 2nd Ave; SE 2nd Ave. at SE 1st St.
northwest corner
SITE PLANS: Request for site plan
approval to demolish the existing Tennis
Center and parking lot and construct a
6,640 square foot recreation activity
center and 89-space parking lot.
~r. Cutro explained that the Planning & Zoning Board approved the
~ite plan but denied, in part, one of two parking lot variances.
~he variance denied was the one to waive the improvement of the
tot to the north of the Madsen Center. The Community Appearance
3oard (CAB) has imposed a series of conditions on the site plan
~hich Mr. Frederick addressed.
Er. Charles Frederick explained a memorandum which was forwarded
~o Mr. Miller from Mike Haag which summarized the CAB meeting.
CAB made eight recommendations concerning this particular site
lan. Seven of the recommendations involve moving landscaping
rom the Phase II project along the street-side on the east side
and south side of the Madsen Center. They made these recommen-
dations feeling that the parking lot variance would not be
pproved and this would take care of the landscaping for the lot,
ssuming it would have to be upgraded. Mr. Frederick would
prefer to leave the landscaping as is and receive a variance for
~he parking lot. There was no objection to Item 8 of the
memoranduml
r. Frederick displayed color-coded drawings. An artist's ren-
.ering was also displayed. He explained the block was developed
9n a phased basis. Phase I was the Library. When the Library
was renovated and enlarged, the City was not required to bring
lhe entire lot up to Code. Nothing has been formally decided on
he use of the area in Phase II. To spend $25,000 to $30,000 to
pgrade the lot at this time, could be money lost. When the City
ets to Phase III, if a parking lot is required, it will be
pgraded to City Code, landscaping and drainage. It was also
ointed out by City Manager Miller, that this parking lot would
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
not be needed because the new parking lot meets the parking lot
Code requirement. Attorney Cherof clarified there will be no
cross use and there is no interconnection between the two lots.
Eleanor Shuman, 2520 NE let Court, spoke as a representative of
the CAB. It was the feeling of the CAB that the City should not
be given any special treatment not afforded to ordinary citizens.
The Chairman realized that existing shrubbery and 'trees could be
moved to the street giving the neighborhood a nicer look.
Since no one knows what will become of this area when Phase
iii comes in, this is a temporary measure that can beautify
the area. Mr. DeBeck was in agreement and felt it would not
be costly to go this route.
Vice Mayor Harmening complimented the CAB on the landscaping
Plan.
Mayor Weiner questioned Mr. Frederick about the uses of the acti-
Vity center. Mr. Frederick informed the Mayor that activities
have been conducted in two temporary trailers on the east side of
the Library. Programs are conducted during the morning and
afternoon, five to six days a week. It is sometimes used in the
evening also. The building Will also replace the Scout building.
it will operate six to six and one-half days a week during
morning, afternoon and evening hours. The landscaping, as it now
appears, provides a buffer from the parking lot and the existing
~adsen Center. If this is moved, there will be nothing in that
area.
ttorney Cherof was of the opinion that a variance is not
equired in this situation. He felt it was a questionable
interpretation of the Parking Lot Code to suggest this area be
~equired to be improved or is even the subject of the variance.
ommissioner Matson pointed out that every variance is considered
nd%vidually. There is no precedent when dealing with a
variance.
ommissioner to APPROVE the variance. Vice Mayor
Matson
moved
armening feels a variance is not required. In addition, this is
~ totally separate phased project.
ayor Weiner stated that a legal opinion was provided by the City
Attorney that a parking lot variance is not required. There was
general consensus with this opinion.
lith regard to the landscaping, Vice Mayor Harmening felt the CAB
ecommendations were valid. They did a good job and the land-
caping is not an expensive item.
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
Vice Mayor Harmening moved that this site plan for Phase II,
6,640 square foot building, Activity Center, be APPROVED without
any cross connection between the parking lot at the Madsen Center
or the parking lot at the Library. Commissioner Matson seconded
~he motion which carried 4-0.
PROJECT NAME:
APPLICANT:
OWNER:
LOCAT I ON:
DESCRIPTION:
Shoppes of Woolbright P.C.D.
Kilday and Associates
Tradewinds Development Corporation
Woolbright Rd. at SW 8th St., Northeast
and Northwest corners
MASTER PLAN MODIFICATION: Request for
approval---~ an amended master plan to
allow relocation and addition of dri-
veways, and changes in size and use of
outparcels.
Chris Cutro introduced a FAX which was received at 4:25 p.m.
oday from David Levy. The letter requested a postponement of
ity Commission action on this application until the second
~eeting in September. (A copy of this FAX is on file in the City
Clerk's Office attached to the original minutes of the meeting.)
~r. Cutro has no problem with the delay and feels the application
'nay be withdrawn completely.
2ommissioner Matson moved to TABLE this item until the second
neeting in September. Vice Mayor Harmening seconded the motion
~hich carried 4-0.
~ITHER
.
Excavation and Fill Permit - Plat No. 5 Boynton Lakes PUD
~ichard Staudinger referred to Memorandum ~91-59. Since writing
~he memo, he received a letter from the applicant's engineer,
'Rossi and Malavasi, addressing the reclamation plan, indicating
that furnished topography and construction drawings will be pro-
vided and the operation will last two to three days with silt
screens and turbidity screens in place along the lake bank. The
request is for an excavation and fill permit to remove approxima-
tely 500 yards of material from the commercial site and place it
on the lake slopes within Boynton Lakes Plat No. 5. Subject to
receiving the cross sections and the topography which was pro-
mised, Mr. Staudinger recommended approval.
Grub, 6 Redford Drive, read a letter she prepared stating
on--~s and those of other homeowners in Boynton Lakes· (A
of this letter is on file in the City Clerk's Office with
riginal copy of the minutes of this meeting.) The letter
pointed out that the owners had no official notification of this
earing and are unaware of any problem with the lake. Without
ross sections and soundings, she questioned why Mr. Staudinger
10
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
sought approval for this permit. On July 22nd, a brown foam was
Visible on the lake. It was determined that excess fill was
being dumped into the lake. No silt screens were used and no
permit had been obtained. The City ordered the work stopped.
There have been oil spills and the Department of Environmental
Resource Management has ordered the lake be treated on several
Occasions. The irrigation pumps were damaged twice. Lennar
Still owes $1,200 for the repairs.
The homeowners question whether there is a problem with the lake
Slopes. That determination can be made only when all data is
~eceived. The homeowners are facing great expenses because Code
has not been followed. Ms. Grub requested the City not approve
this application until all the facts are in.
Commissioner Matson questioned Mr. Staudinger as to why the City
did not monitor any of the work being performed. She questioned
how the property can be fixed when no one knows if anything is
Wrong with it. Mr. Staudinger was not involved in the past.
However, he assured the Commission he would not sign off unless
he items on the reclamation plan are submitted.
Ms. Grub wondered how anyone but the property owners can make the
Application. It was determined that Lennar cannot make this
~pplication since the homeowners now own the property.
Vice.Mayor Harmening suggested Lennar be notified that when they
are in complete compliance, they can apply for the permit. Mr.
Staudinger discussed an agreement signed by Lennar and the
omeowners' association to remove fill from the lake and leave
he lake in a certain condition. The permit has expired and they
~annot now continue. They overexca va ted and there are now slo-
pes. Vice Mayor Harmening stated that staff has not done a very
good job of reviewing and checking.
Vice Mayor Harmening moved this NOT BE APPROVED until everything
~s in order, checked and verified. Ms. Grub was advised that
~nly the owner of record can apply for the permit for dredging.
~ttorney Cherof suggested the City not relieve the developer of
any responsibility and shift them to the homeowners' association.
ice Mayor Harmening amended his motion that the City Attorney be
rought into this in order to keep the developer from escaping
is obligations. The City Attorney will follow through together
With the City Engineer.
Commissioner Matson seconded the motion which carried 4-0.
Commissioner Matson requested Code Enforcement check out the
~situation as depicted in the photos presented to the Commis-
sioners. City Manager Miller will make the necessary arrange-
ments.
11
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
LEGAL
A. Ordinances - 2nd Reading - PUBLIC HEARING
Proposed Ordinance No. 091-56 Re: Annexation - Ray
Flow property (SW corner of Old Boynton Road and
Knuth Road)
Attorney Cherof read Proposed Ordinance No. 091-56 by
title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, REGARDING THE RAY FLOW
PROPERTIES (SW CORNER OF OLD BOYNTON ROAD AND KNUTH
ROAD) ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND
THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH
COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A
REASONABLY COMPACT ADDITION TO THE CITY TERRITORY,
PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF
LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I,
SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON
BEACH, FLORIDA, AND SECTIONS 171.044, and 171.062(2),
FLORIDA STATUTES; PROVIDING THE PROPER LAND USE
DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE
REFLECTED IN SEPARATE ORDINANCES TO BE PASSED
SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING FOR
AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL
BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM
BEACH COUNTY, FLORIDA, UPON ADOPTION AND PROVIDING AN
EFFECTIVE DATE.
lommissioner Matson moved to APPROVE proposed Ordinance No.
91-56 on second reading subject to two staff comments as
ollows: 1) submittal of conditional use application prior to
Ldoption of the Ordinance to annex the 1.4 acre parcel; and, 2)
)uilding heights be limited to two stories. Commissioner Artis
~econded the motion. A roll call vote was taken by Sue Kruse,
~ity Clerk. The motion carried carried 4-0.
Proposed Ordinance No. 091-57 Re: Land Use
Amendment from Residential 8 (Palm Beach County) to
High Density Residential (City) - Ray Flow Property
(SW corner of Old Boynton Road to Knuth Road)
Attorney Cherof read Proposed Ordinance No. 091-57 by
title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, REGARDING THE RAY FLOW
PROPERTIES (SW CORNER OF OLD BOYNTON ROAD AND KNUTH
12
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
ROAD) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING
THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN
PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID
LAND DESIGNATION IS BEING CHANGED FROM COUNTY R/8
(RESIDENTIAL 8) TO HIGH DENSITY RESIDENTIAL; PROVIDING A
SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND
PROVIDING AN EFFECTIVE DATE.
Vice Mayor Harmening moved to ADOPT proposed Ordinance No. 091-57
On second reading. Commissioner Artis seconded the motion. A
roll call vote was taken by Sue Kruse, City Clerk. The motion
Carried 4-0.
Proposed Ordinance No. 091-58 Re: Rezone from
RM/SE (Multi-Family Residential District with a
Special Exception for Day Care Center - Palm Beach
County) and RM (Multi-Family Residential District -
(Palm Beach County) to RE (Multi-Family Residential
- City) - Ray Flow property (SW corner of Old
Boynton Road and Knuth Road)
Attorney Cherof read Proposed Ordinance No. 091-58 by
title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, REGARDING THE RAY FLOW
PROPERTIES (SW CORNER OR OLD BOYNTON ROAD AND KNUTH
ROAD) AMENDING ORDINANCE 80-19 OF SAID CITY BY REZONING
A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED
HEREIN, FROM COUNTY RM/SE (MULTIPLE-FAMILY RESIDENTIAL
WITH A SPECIAL EXCEPTION FOR A DAY CARE CENTER) TO R-3
(MULTIPLE-FAMILY RESIDENTIAL; AMENDING THE REVISED
ZONING MAP ACCORDINGLY; PROVIDING FOR A BUILDING HEIGHT
LIMITATION OF TWO-STORIES; PROVIDING A CONFLICTS CLAUSE;
PROVIDING A SEVERABILITY CALUSE; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
In response to a question by Commissioner Matson, Mr. Cutro
advised the Day Care Center will not be affected.
Vice Mayor Harmening moved to ADOPT Proposed Ordinance No. 091-58
on second reading. The motion was seconded by Commissioner
Matson. A roll call vote was taken by Sue Kruse, City Clerk.
The motion carried 4-0.
Proposed Ordinance No. 091-59 Re: Establishing a
Capacity Reservation Fee for the Utility Fund
Attorney Cherof read Proposed Ordinance No. 091-59 by
title only:
13
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 26, WATER,
SEWERS AND CITY UTILITIES, SECTION 26-34, CAPITAL
FACILITIES CHARGE AND CONNECTION CHARGES; ADDING A NEW
SUBSECTION ESTABLISHING CAPACITY RESERVATION FEES; AND
AMENDING CHAPTER 19, PLANNING AND DEVELOPMENT GENERALLY,
SECTION 19-89 EXEMPTIONS, TO COINCIDE WITH THE PROPOSED
CAPACITY RESERVATION FEE; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND PROVIDING AN EFFECTIVE DATE.
;ice Mayor Harmening moved to ADOPT Proposed Ordinance No. 091-59
)n second reading. Commissioner Matson seconded the motion. A
?oll call vote was taken by Sue Kruse, City Clerk. The motion
~arried 4-0.
B. Ordinances - 1st Reading:
Proposed Ordinance No. 091-60 Re: Amendment to
the current Occupational License Ordinance, Section
603, regarding Merchants/Temporary/Retail activities
Attorney Cherof read Proposed Ordinance No. 091-60 by
title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13 SECTION
13-22-603 TO PROVIDE FOR LICENSING FEES FOR TEMPORARY
PORTABLE RETAIL ACTIVITIES IN REGIONAL MALL CONCOURSE
AREAS; PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION, AND PROVIDING AN EFFECTIVE DATE.
iice Mayor Harmening moved to ADOPT Proposed Ordinance No. 091-60
n first reading. Commissioner Matson seconded the motion. A
oll call vote was taken by Sue Kruse, City Clerk. The motion
arried 4-0.
2. Proposed Ordinance No. 091-61 Re: Adopt the latest
edition of the Florida Energy Efficiency Code for
Building Construction (1991 edition)
Attorney Cherof read Proposed Ordinance No. 091-61 by
title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA AMENDING SECTION 5-51 OF THE CODE
OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA
ADOPTING THE MOST CURRENT EDITION OF THE FLORIDA ENERGY
EFFICIENCY CODE FOR BUILDING CONSTRUCTION IN ACCORDANCE
WITH THE REQUIREMENTS OF SECTION 553.901, FLORIDA
STATUTES; PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
14
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
Vice Mayor Harmening commented that no opinion should be
necessary when the State adopts a new Code. In this case, it is
mandatory to adopt this Code.
Vice Mayor Harmening moved to ADOPT Proposed Ordinance No. 091-61
On first reading. The motion was seconded by Commissioner
Matson. A roll call vote was taken by Sue Kruse, City Clerk.
The motion carried 4-0.
Proposed Ordinance No. 091-62 Re: Amendment to
Appendix A-Zoning to allow wholesale distribution of
prepackaged meat and poultry in the C-4, General
Commercial Zoning District.
Attorney Cherof read Proposed Ordinance No. 091-62 by
title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A-ZONING~
SECTION 6D1 TO ALLOW WHOLESALE SALES AND DISTRIBUTION OF
PREPACKAGED MEAT AND POULTRY AS A PERMITTED USE IN C-4
ZONING DISTRICTS; PROVIDING FOR CONFLICTS, SEVERABILITY, ~.
CODIFICATION, AND PROVIDING AN EFFECTIVE DATE.
Mayor Weiner stated she does not wish to see retail distribution
Of wholesale prepackaged meat and poultry. She asked if con-
ditions could be added. Mr. Cherof pointed out a confusing
Clause which states, "...the wholesale sales of prepackaged meats
and poultry..." He will add language to clarify that sales are
not to the general public. The sales will be to the trade only.
Vice Mayor Harmening moved to ADOPT Proposed Ordinance No. 091-62
On first reading and subject to the text amendment suggested by
the Mayor. The motion was seconded by Commissioner Matson. A
~oll call vote was taken by Sue Kruse, City Clerk. The motion
Carried 4-0.
C. Resolutions:
Proposed Resolution No. R91-131 Re: Acquisiton of
vacant land located at the SW corner of NW 10th
Avenue and Seacrest Blvd. from Dow Ross for a
passive park area ............................. TABLED
Attorney Cherof read proposed Resolution No. R91-131 by
title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, DETERMINING THE NECESSITY TO
ACQUIRE BY VOLUNTARY CONVEYANCE THE FEE SIMPLE TITLE TO
REAL PROPERTY, FROM THE RECORD TITLE OWNER, MR. CLAUDE
15
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
D. ROSS, AND LOCATED AT NW 10TH AVENUE, ON THE WEST SIDE
OF SEACREST BOULEVARD IN THE CITY OF BOYNTON BEACH,
FLORIDA (THE PROPERTY) FOR PARK AND OTHER MUNICIPAL
PURPOSES; APPROVING THE PURCHASE PRICE FOR THE PROPERTY
IN THE AMOUNT OF $14,000.00; APPROVING THE DEVELOPMENT
OF A PASSIVE PARK ON THE PROPERTY AT A COST NOT TO
EXCEED $2,000.00; AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE NECESSARY DOCUMENTS AS PROVIDED FOR
HEREINAFTER; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Matson moved to REMOVE THIS RESOLUTION FROM THE
TABLE. The motion was seconded by Commissioner Artis and carried
4-0.
City Attorney Miller reported that at 4:00 p.m. on Monday, August
!9th, he spoke with Mr. Ross and the price was now at $12,500.
day, Mr. Ross received his assessed valuation which is $12,000.
at amount was confirmed with the Property Appraiser's Office.
in Vice Mayor Harmening's opinion, $12,000 is very high and he
feels the property is not worth that amount of money. He feels
this presents a problem for the City and the Police Department.
~e stated the Police Department should enforce the law to the
letter of the law in an effort to get the people off that pro-
Perty.
Commissioner Artis does not agree with the Vice Mayor. She would
~ike the property purchased by the City or would like a long-term
%ease. Vice Mayor Harmening feels leasing the property is an
~ption which should be investigated.
Mayor Weiner is in agreement with Vice Mayor Harmening that the
)rice is very high; however, it is an eyesore and a drug hangout.
~he feels it can be better handled if the City owns it. The
ppearance can be improved; benches and lights can be installed.
.~ity Manager Miller also agrees the price is quite high. He also
~tated it is a place which is victimized by litter and sometimes,
.~specially on the weekends, trucks pull in to sell their wares.
qhen this happens, they are asked to leave the area.
~ommissioner Artis questioned if a long-term lease could be nego-
tiated. City Manager Miller explained this was never discussed
with Mr. Ross, but it can be posed to him. She also questioned
hhether the City could offer the type of lease that would cost
e City less if the City improves the property. Both City
anager Miller and Vice Mayor Harmening agreed this could be
ossible. City Manager Miller feels Mr. Ross may find a lease
16
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
more advantageous than selling it outright. However, Vice Mayor
Harmening stated a long-term lease would probably be more expen-
sive. It was his feeling that a lease over two or three years
Only might do the job of changing the pattern in the area and
eliminating the problem. The lot could be fenced at a low cost
and then the City would not lose very much when the lot is aban-
doned. Mayor Weiner feels the fence would not last very long and
Would continually have to be refenced.
In response to a question posed by Commissioner Matson, City
Manager Miller explained the money for this purchase would come
from the CIP.
Commissioner Artis questioned the necessity of a fence. Mr.
Miller explained a fence is better aesthetically and precludes
cars from parking on the lot. He suggested Mr. Frederick review
this proposal.
There was general consensus by the Commission that the City
Manager negotiate with Mr. Ross regarding a lease.
Proposed Resolution No. R91-133 Re: Street name
change - Hunters Run - Eastlake Drive to Essex Lane
tAt.tornev Cherof read proposed Resolution No. R91-133 by
l~le ohly:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, RENAMING EASTLAKE DRIVE AS ESSEX
LANE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN
EFFECTIVE DATE.
Vice Mayor Ha rmening moved to ADOPT proposed Resolution No.
~91-133 which was seconded by Commissioner Matson. The motion
.~arried 4-0.
e
Proposed Resolution No. R91-134 Re: Approve
contract between City of Boynton Beach and Charles
Ankrom, Golf Course Architect, for the Municipal
Golf Course greens renovation project
Attorney Cherof read proposed Resolution No. R91-134 by
title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND CHARLES F. ANKROM, INC., A COPY OF
SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDING AN EFFECTIVE DATE.
Attorney Cherof suggested an idemnification clause be included in
the motion if the Commission approves this Resolution.
17
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
Vice Mayor Harmening asked for an explanation as to why the scope
of this activity has been changed.
Dan Miller, Golf Course Superintendent, explained the contract
Was contingent upon how much it would cost to rebuild the greens.
There are numerous ways to construct the greens depending on time
schedules and the funds available. If there is additional money,
Other improvements will be made to the golf course. Vice Mayor
Harmening thought the only work being performed was returfing and
a change in the size of some of the greens. City Manager Miller
explained that work is still planned; however, while this is
being done, the architect will provide additional ideas which the
City could proceed with at a later date.
Vice Mayor Harmening clarified that the maturity date of the
bonds will not be increased. Commissioner Matson agreed she
Would not want to see change orders coming in in the future.
The figures are cap figures.
Commissioner Matson moved to ADOPT proposed Resolution No. 91-134
Subject to the cap figures as stated and subject to an indem-
nification clause. The motion was seconded by Vice Mayor
Harmening and carried 4-0.
Proposed Resolution No. R91-135 Re: Approve
extending the lease for space in the west wing of
City Hall for the Exchange Club/Dick Webber Center
for an additional year
Attorney Cherof read proposed Resolution No. R91-135 by
title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, EXTENDING A CERTAIN LEASE
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND
THE EXCHANGE CLUB/DICK WEBBER CENTER FOR THE PREVENTION
OF CHILD ABUSE FOR THE GOLD COAST, INC., FOR A PERIOD OF
ONE YEAR, ACCORDING TO THE TERMS AND cONDITIONS OF THE
ORIGINAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
~im Abbott, Executive Director of The Exchange Club/Dick Webber
~enter, stated the Exchange Club has enjoyed being located in
~ity Hall. They have served more families from Boynton since
residing in the City Hall complex and requested a lease extension
Df one year.
Vice Mayor Harmening moved to ADOPT proposed Resolution No.
.~91-135 which was seconded by Commissioner Artis. The motion
~a tried 4-0.
18
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
Proposed Resolution No. R91-136 Re: Approve lease
agreement between the City of Boynton Beach and Bell
South Mobility reference installing an antenna on
top of the City's water tower (1620 S. Seacrest
Blvd.) and constructing an unmanned equipment
shelter at the base of said structure
Mayor Weiner passed the gavel and made a motion that, in the
bsence of Commissioner Aguila, this Resolution be TABLED until a
ull Commission is present. Commissioner Matson seconded the
motion.
Illen Gabriel, 2455 East Sunrise Boulevard, Fort Lauderdale,
equested a hearing to know the Commission's feelings and com-
ents, and have a vote at this meeting.
~ayor Weiner explained to Mr. Gabriel that there is no time ele-
ment involved in this matter and since it is an item of
~ubstance, everyone would be better served if a full Commission
discusses it and votes on it.
~he motion carried 4-0.
Proposed Resolution No. R91-137 Re: Full release
of performance bonds - Target Commercial Center
(North Congress Ave. & NW 22nd Avenue)
Attorney Cherof read proposed Resolution No. R91-137 by
title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA; AUTHORIZING THE RELEASE OF AN
IRREVOCABLE STANDBY LETTER OF CREDIT HELD TO SECURE
PERFORMANCE OF INFRASTRUCTURE IMPROVEMENTS FOR THE
TARGET COMMERCIAL CENTER, PROVIDING AN EFFECTIVE DATE.
'itv Manaqer Miller_stated this is co~Dle~e.and has been reviewed
the ~nglneerlng uepar~men= ana meets ~nelr approva±.
Iayor Weiner questioned the statement regarding Mr. Hallahan's
~equest for a one-year guarantee against defective materials and
~orkmanship for the off-site median landscaping along NW 22nd
~venue. Attorney Cherof explained the bond secures only the on-
;ite improvements.
:ommissioner Matson questioned the amount of money stated. Mr.
~taudinger explained this was reduced once before and this is the
· emaining portion of the bond.
ice Mayor Harmening moved to ADOPT proposed Resolution No.
91-137. The motion was seconded by Commissioner Artis and
arried 4-0.
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
Proposed Resolution No. R91-138 Re: Full release
of performance bond - Mariners Way (NE 12th Avenue
extended to Intracoastal)
Attorney Cherof read proposed Resolution No. R91-138 by
title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA; AUTHORIZING THE RELEASE OF A
PERFORMANCE BOND HELD TO SECURE PERFORMANCE OF
INFRASTRUCTURE IMPROVEMENTS FOR MARINER' S WAY, PROVIDING
AN EFFECTIVE DATE.
~ice Mayor Harmening moved to ADOPT proposed Resolution No.
~91-138 which was seconded by Commissioner Artis. The motion
~arried 4-0.
Bm
Proposed Resolution No. R91-139 Re: Amend job
description and pay grade for Golf Course Chemical
Spray Technician
Attorney Cherof read proposed Resolution No. R91-139 by
title only:
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING THE PAY PLAN OF THE CITY OF BOYNTON BEACH,
FLORIDA FOR THE FISCAL YEAR OF 1990/91 AND ADOPTING THE
JOB DESCRIPTION OF GOLF COURSE CHEMICAL SPRAY
TECHNICIAN.
~.ommissioner Matson moved to ADOPT proposed Resolution No.
~91-139. The motion wss seconded by Vice Mayor Harmening and
.~arried 4-0.
Proposed Resolution No. R91-140 Re: Approve
extending the maintenance contract for an additional
year to Borrell Fire Systems, Pompano Beach, for the
Halon System in the Communications Dispatch Center
Attorney Cherof read proposed Resolution No. R91-140 by
title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA; AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A SERVICE AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND BORRELL FIRE SYSTEMS FOR THE
COMMUNICATIONS AREA FIRE PROTECTION SYSTEM A COPY OF
SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDING AN EFFECTIVE DATE.
rice Mayor Harmening moved to ADOPT proposed Resolution No.
~91-140 which was seconded by Commissioner Artis. The motion
~arried 4-0.
20
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
OTHER
1. Reciprocity of the City's Zoning Ordinance
Attorney Cherof explained there are a number of areas of the Code
that provide distance requirements and other requirements, such
as locations which serve alcholic beverages, adult entertainment
istablishments and gas stations. There are provisions in the
ode that do not clearly reflect the policy of the City that the
istance requirements are reciprocal. He requested authorization
~o prepare a blanket Ordinance making the language of the Code
~lear and explicit and matching the current policy of the admi-
nistration.
Commissioner Matson is in agreement with Mr. Cherof that this
irdinance should be on 'the books. In response to a question by
ommissioner Matson, Attorney Cherof explained nothing on the
rawing board now will be affected by this Ordinance. The
~rdinance being requested will make the current Codes clearer.
here was general consensus among the Commissioners that Attorney
herof be directed to draw up the Ordinance to clear up the
language in the Code.
artin Perry, 400 Australian Avenue So., West Palm Beach, spoke
n this Subject with regard to the 1,000 foot Separa~i°n between
ervice stations. There has been much discussion on this sub-
~ct over the last two years. There have been requests for the
~ity and the City Planner to review this subject. He explained
~hat Mr. Bryant, a planner, had prepared drawings demonstrating
~hat under the current Ordinance, even with the 1,000 foot
separation, there are 22 additional service stations and sites
~hich can be approved that will meet the 1,000 foot separation
:equirement. There is a proposal for an amendment which reflects
~ore current thinking relative to service station locations. It
;as his suggestion the Commission send this proposal to the
?lanning & Zoning Board for a recommendation to the Commission.
te explained he represents a property owner who is being adver-
lely affected by the current Ordinance. There is the potential
)f litigation in this particular case. He feels there is a solu-
tion and there are benefits for the City.
Code Enforcement settlement offer - City of Boynton
Beach vs. Dr. Love
Attorney Cherof stated there has been an offer of settlement. It
is the most substantial offer of settlement on the lien foreclo-
Sures to date. The City Attorney recommends acceptance of the
Offer.
Vice Mayor Harmening moved to ACCEPT the offer which was seconded
by Commissioner Artis and carried 4-0.
21
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
3. Finizio vs. Boynton Beach law suit
Attorney Cherof advised the Commissioners of a lawsuit which was
filed. All Commissioners received notice of the suit and the
exhibits have now been received by the City. He explained he
represented Vince Finizio in conjunction with the Casablanca
~awsuit and that creates a potential conflict of interest for
t~im. Mr. Finizio decided not to waive the potential conflict.
Attorney Cherof requested authorization to seek other counsel to
~epresent the City.
Vice Mayor Harmening moved to grant authorization for Attorney
Cherof to seek other counsel to represent the City. Commissioner
Artis seconded the motion which carried 4-0.
4. Miner Road extension litigation update
Attorney Cherof stated the City is in litigation with one of the
property owners on the north end (not the missing link in the
middle). An attorney, appointed by the League of Cities, will
handle the case. Mr. Cherof anticipates the City will be in
litigation in the near future with the owner of the "missing
ink" and will bring back a recommendation in this regard to
~equest authorization to begin litigation.
OLD BUS INESS
Non e
NEW BUSINESS
ae
Items for discussion requested by Mayor Arline Weiner:
1. Boynton Bay Multi-Family Development (a/k/a The
Hamlet)
£~ November 7, 1989, a presentation on affordable housing was
made to the Commission. Thomas G. Hinners represented Florida
Affordable Housing, Inc. and Auburn Trace Joint Venture. The
proposed affordable housing would be 241, two and three-bedroom
apartment units, plus an eighteen-hour child care center on 23
acres zoned R-3. That housing has become Boynton Bay apartments.
The Mayor read from a letter dated July 1, 1991 from Mr. Felner
to Mr. Miller. The letter explained that financing carried a
requirement that 40% of the apartments be rented to low to
moderate income senior citizens. They intended to rent approxi-
mately half of the apartments to low to moderate income family
households, many of whom would have children. That was the
reason for the child care center.
Mayor Weiner explained this had come before the prior Commission.
The intention was as stated above. In order to get funding for
22
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
this affordable housing, Mr. Felner needed a commitment from the
City before they could go to the Palm Beach County Commissioners
for a $1 million loan. They promised half of the apartments
Would be for regular family households.
Since that time, the project has been built. They received the
~1 million loan from the County and made an agreement with the
School Board. At the time, Mayor Weiner felt this project would
elp keep PoinCiana School open and operating. Racial quotas
ere implied. Mr. Felner stated they strongly resisted racial
wquotas, but after much negotiation, he entered into an agreement
ith the School Board recognizing the City's requirement to rent
~t least 40% of the apartments to the elderly and establishing a
oal to rent the remaining 60% of the apartments ranging from
0-30% to Black, and 70-80% to other. Quarterly reports must be
Submitted and are monitored.
Mayor Weiner now sees advertisements that this community will be
renting 100% to senior citizens (55 years of age and over). Mr.
Felner appeared before the two surrounding retirement com-
munities and they urged Mr. Felner to make the community 100%
Senior citizens. Mr. Felner realized senior citizens do not like
~o live with families having young children. It is his feeling
~hat mixed-age communities have been unsuccessful.
Mayor Weiner is concerned because the developer promised one
~hing and is doing something totally different. She asked for
~he Commission's input and direction.
~ttorney Cherof recommended the City take the information which
Ls available and confer with the County and School Board repre-
sentatives to evaluate the situation and see if there are any
~hared concerns or if they have any concerns that are not common
~o the City.
ommissioner Artis was quite concerned about the advertisement
lso. It was advertised as a moderate income family project.
She was surprised it is now 100% senior citizen. She agrees Mr.
~erof should, investigate.
.~ommissioner Matson also agrees Mr. Cherof should investigate the
~ituation. She is concerned about the day care center and the
]eed for affordable housing for everyone.
'Tice Mayor Harmening would like to hear Mr. Cherof's findings and
~sked that he bring this information back to the next meeting.
Mayor Weiner advised Mr. Cherof to proceed with the investiga-
tion.
23
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
Jay Felner, 4723 West Atlantic Avenue, Delray Beach, is the
managing partner of the Boynton Bay apartments. He did not
dispute what was said but felt there was no misrepresentation on
his part. He claimed they intended to rent to senior citizens
from the very start and that is how they obtained financing. In
Soliciting at the Four Seasons and the mobile home park, they
Concluded that young children and senior citizens cannot be
mixed. He claims to be providing exactly what the Comprehensive
Plan calls for; that is, housing for the elderly. With regard to
the day care center, it has been leased out to an operator and it
Will serve the City of Boynton Beach. The Certificate of
Occupancy will be issued in approximately one week and they will
be licensed within a few weeks after issuance of the CO. It will
be open for business long before it was promised.
Lee Wische, 1302 SW 18th Street, spoke in favor of Boynton Bay
partments. He was on the Commission at the time and pushed for
affordable housing. He visited Auburn Trace and thought it was
great. He received many favorable reports. When they were $1
million short, Mr. Wische and Mr. Olenik appeared before the
County Commission to plead their case. On the second appearance,
~he County approved the loan. The School Board had a problem
With racial imbalance because it was 85% black against 15% white.
They would not approve it unless the balance was correct. He
~ccused Mayor Weiner of not being interested in afforable housing
9ecause she did not appear before the County Commission. He also
%mplied she was against senior citizens because she brought up
~his particular issue. He stated she refused to meet with the
~evelopers to see if a compromise could be reached. He told her,
s a Commissioner, her duty is to the citizens. Mr. Wische also
ccused Mayor Weiner of not being interested in the children
ecause she did not attend the awards ceremony after summer camp.
t this point, Mayor Weiner informed Mr. Wishe he was straying
rom the subject and as presiding officer, she asked him to
~eturn to the topic of the Boynton Bay apartments.
Ir. Wische stated he has heard nothing about the County or the
:chool Board being against this advertising. He feels another
~awsuit is facing the City and mentioned a list of them. He
~laimed, during Mayor Weiner's tenure, the name of the City will
~e changed to "sue" city. He claimed his comments were said in
good faith.
Harry Romano, 417 Buttonwood Lane, explained he is a new resident
~f the City. He admitted he was unfamiliar with the goings on in
he City. He is upset the taxpayers should have to absorb the
ost of the Tradewinds suit. He felt the people in Leisureville
hould absorb the costs. With regard to Boynton Bay, he agrees
~enior citizens should not live with children. Why not have them
build two projects; one for senior citizens and one for low inco-
me?
24
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
Report on meeting with Congressman Harry Johnston;
reference Zip Codes
Mayor Weiner and City Manager Miller met with Congressman Harry
Johnston. He is working on the Zip Code problem. The Greenacres
Phone line was also discussed and he will pursue that issue.
Commissioner Matson left the meeting at 10:00 p.m.
3. Boynton Beach Conference on problems of the Elderly
While meeting with Congressman Johnston, the Task Force on the
Elderly was discussed. Mr. Johnston has agreed to appear at a
~onference regarding the problems of the elderly. He asked that
it be arranged before the beginning of November.
Be
Items for discussion requested by Vice Mayor Edward
Harmening:
Request resolution of support reference petition to
review Emergency Order No. 15 of the Federal
Railroad Administration
Tice Mayor Harmening discussed a notice received from the Federal
overnment regarding train whistle blowing. Many of the cities
n Florida are not in favor of this mandate. The City of
ollywood is going to oppose this.
lice Mayor Harmening moved that the City Attorney be instructed
o prepare a Resolution to forward to the appropriate authorities
aking exception to the U. S. Department of Transportation's
dict. The motion was seconded by Commissioner Artis and carried
--0.
C. Report from Shirley Jaskiewicz, Chairperson, Community
Relations Board
Shirley Jaskiewicz, 1917 SW 13th Avenue, spoke as Chairman of the
~°m~nitY Relations Board. She wished to express some concerns
9nd informational items.
ihe explained the Community Relations Board would like to hold
Jnity Day in conjunction with the dedication of Ezell Hester
~ark. They would provide music and refreshments at no cost to
~he City. There were no objections by City Manager Miller or
lity Attorney Cherof. However, Mr. Frederick requested that
~ecreation and Parks be involved in the planning of the opening
lay ceremonies.
~s. Jaskiewicz stated that $1,000 remains in the budget for this
ear and requested permission to keep this money for the use of
*due to illness.
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
the CRB for future projects. City Manager Miller had no problem
with the CRB keeping this $1,000.
Boynton Terrace Apartments- Resident complaints
concerning condition of the grounds
Several residents of this complex brought serious concerns to the
attention of the CRB. The CRB investigated and found it to be
true. An official of the Housing Authority was unable to attend
the first meeting which had been arranged. A list of problems
Was enumerated and sent to him and he attended the second
meeting. He was quite cooperative. Slight improvements were
seen, but the improvements stopped quickly. A major concern is
the problem with the irrigation system. It has not been func-
tioning for four years. The conditions are now deplorable. The
Complex on the west side of Seacrest is similar to living in a
Sand pit. The buildings are beautiful but the outside is awful.
She has now heard they have an agreement with the owner that he
Will give $40,000 and begin the improvements. She suggested that
Code Enforcement look into this situation.
Ts. Jaskiewicz questioned whether a definite plan can be obtained
~n writing regarding the improvements to be done. It was agreed
this is possible.
Mayor Weiner commended Ms. Jaskiewicz and the CRB for the efforts
made with regard to this development.
Vice Mayor Harmening moved that this Commission instruct the City
~anager to contact Barry Seaman and express dissatisfaction with
~he apartments and spell out those things which we know are most
irritating and have the largest shortcomings. Commissioner Artis
seconded the motion which carried 3-0.
ommissioner Artis and Ms. Jaskiewicz will meet with City Manager
iller to discuss this matter.
Community Center - Ezell Hester Park - Consideration
to include health facility
Ms. Jaskiewicz referred to a memorandum dated May 18, 1990
~egarding the possibility of including health facilities in the
multi-purpose building. It is possible some County property will
be deeded over for that purpose. If that option does not work
out, the CRB would still seek consideration of this item.
The next meeting of the CRB will be held in the Wilson Center on
September 11, 1991 where these concerns will be addressed.
Ms. Jaskiewicz wondered why the decaying Sewage Plant has not
been dismantled. It is an eyesore and it is not fair to the
residents living in that area.
26
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
Elizabeth Jenkins, 711NW 1st Street, feels Code Enforcement is
necessary at the Boynton Terrace apartment complex.
D. Request authorization to prepare an amendment to the
current Alarm Systems Ordinance
City Manager Miller explained there are currently some conflicts
~n language and the changes are necessary to clear them up.
Uice Mayor Harmening moved to direct the City Attorney to prepare
an amendment to eliminate any conflict. Commissioner Artis
Seconded the motion which carried 3-0.
Ee
Request authorization to prepare an Ordinance reference
Local Government Parking Violation Reporting to the
Department of Motor Vehicles
Vice Mayor Harmening moved to grant authorization for the City
Attorney to prepare an Ordinance with reference to Local
Government Parking Violation Reporting to the Department of Motor
Vehicles. Commissioner Artis seconded the motion which carried 3-0.
CITY MANAGER'S REPORT
.gone
%DMINISTRATIVE:
A. City Boa rd Appointments:
%ppointment
To Be REG/
Made Board ALT
Length of Term
Expiration Date
{armening Community Relations Bd. Alt. 1 yr term to 4/92 TABLED
4atson Code Enforcement Bd. Reg. 3 yr term to 9/94
{armening Code Enforcement Bd. Reg. 3 yr term to 9/94
;einer Code Enforcement Bd. Reg. 3 yr term to 9/94
'$ice Mayor Harmening TABLED the Alternate appointment to the
.~ommunity Relations Board at this time.
;ice Mayor Harmening appointed Dick Lambert as a Regular member
Of the Code Enforcement Board.
in her absence, Commissioner Matson's appointment of a Regular
ember of the Code Enforcement Board was TABLED at this time.
Mayor Weiner TABLED her appointment of a Regular member of the
Code Enforcement Board.
27
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
Be
Accept resignation from Margaret Miller, Alternate,
Community Relations Board
Mayor Weiner accepted Margaret Miller's resignation from the
Community Relations Board with regret. ·
Consider replacement to fill vacant alternate posi-
tion, Community Relations Board -Term expires 4/92
- Appointment to be made by MaY0~ Arline Weiner.
Mayor Weiner appointed Charles Oppenheimer as an Alternate on the
Community Relations Board.
Request approval to purchase a replacement TV camera for
a TV/grout truck in the Utilities Department
Uice Mayor Harmening moved to APPROVE the purchase of the repla-
Cement TV camera which was seconded by Commissioner Artis. The
notion carried 3-0.
De
Change Order for Hester Park - Phase II Building
Addition (Teen Room, CPO Station, Rest Rooms, Service
Rooms), Basketball Courts (2), Parking Lot, and Energy
Management System
City Manager Miller distributed a hand out. He explained all
Project expenditures are included as well as the FY 1991/92
expenditures which total $626.320 as a maximum. If the City goes
ahead with Ezell Hester Park, it will stay within the $2.8
illion. When it was originally awarded, it came in substan-
ially lower than anticipated. If the City stays within the
$311,000, Option ~4, it will not be necessary to divert any addi-
tional dollars into Ezell Hester Park. If anything is done over
~nd above Option 94, then additional dollars must be taken from
~he $799, 062.
~n response to a question by Commissioner Artis, Mr. Frederick
ixplained the teen room as being an 1,800 square foot game room
nd social meeting area containing pool tables and video games.
recommendation is being proposed to eliminate that room;
owever, all other facilities will remain. Commissioner Artis
eels this room is necessary because these are the types of acti-
ities which will keep the teens off the streets. Mr. Frederick
t.a ted can programmed every room. Commis-
activities
be
into
loner Artis feels the teen room would be a drawing card.
Vice Mayor Harmening suggested putting video games in some of the
rooms and questioned whether this could be accomplished without
extending the contract and incurring a $30,000 expense. Mr.
Frederick stated that it is required for the City to go through a
28
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
special process. Vice Mayor Harmening suggested the $100,000 be
changed on City projects to avoid the site plan process.
Uice Mayor Harmening moved to direct the City Attorney to draw up
an emergency Ordinance to change this to no more than $300,000.
Commissioner Artis seconded the motion which carried 3-0.
Mr. Frederick will investigate to see if the meeting room can be
designed to accommodate teen programming.
Uice Mayor Harmening moved to ADOPT Option ~4.
Artis seconded the motion which carried 3-0.
Commissioner
Authorization to initiate an amendment to zoning code to
permit tow companies with exterior storage facilities in
M-1 zones under specific conditions (i.e., screening,
landscaping, drainage, etc.)
Vice Mayor Harmening moved that the Commission direct the City
Planner to initiate an amendment in order to clean up the
anguage in M-1 zoning to permit tow companies with exterior
storage. Commissioner Artis seconded the motion which carried
3-0.
Fe
Request from the Greater Boynton Beach Chamber of
Commerce to schedule a joint meeting between the Chamber
and City Commission in October, 1991 to discuss various
issues of the business community
~ity Manager Miller would like to arrange a meeting between the
~ity and the Chamber of Commerce during October at Bethesda
~ospital. Vice Mayor Harmening could not recall the Commission
neeting with the Chamber regularly. He felt they have ample
Dpportunity to speak with the Commissioners at regular City
.~ommis sion meetings.
4ayor Weiner is committed to keeping the relations open with the
.~hamber. She passed the gavel and made a motion to hold a
~orkshop meeting with the Chamber. Commissioner Artis seconded
~he motion which carried 3-0. City Manager Miller will check
~ith the Chamber to see if the meeting can be arranged for
)ctober 22, 1991.
Review of Federal Programs of Interest to all cities
(per Palm Beach County Municipal League) - Police
Officers Bill of Rights, Anti-Crime Bill and EPA current
Municipal Stormwater Management Program
29
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
Mr. Miller said this was brought forth to the Florida League of
Cities to the Palm Beach County Municipal League. There are two
items: 1) the Police Officers Bill of Rights, which the Florida
League of Cities opposes since Florida already possesses a
comprehensive Police Officers Bill of Rights; and 2) relates to
the MPDES. The Florida League of Cities is urging support for
the Senate amendment in the House versus the Highway Bill that
would delay the implementation of the Municipal Stormwater
Management Program until Congress has an opportunity to review
the program.
Vice Mayor Harmening moved to OPPOSE the Police Officers Bill of
Rights. Attorney Cherof stated there already exists a
Comprehensive State of Florida Policemens Bill of Rights which
has protected police rights. Commissioner Artis seconded the
motion which carried 3-0.
Vice Mayor Harmening moved to SUPPORT the Florida League of
Cities request for approval of the Senate amendment in the House
that would delay the implementation of the Municipal Stormwater
Management Program until Congress has an opportunity to review
~he program. Commissioner Artis seconded the motion which
~arried 3-0.
~ONSENT AGENDA
A. Minutes
1. Regular City Commission Meeting of August 6, 1991
Bo
Bids - Recommend Approval - Ail expenditures are
approved in the 1990-91 Adopted Budget:
1. PC Computer Maintenance
The Tabulation Committee recommends awarding the bid
to Hi-Tech Assistance Corporation, Ft. Lauderdale,
FL in the total contract amount of $16,584.25.
C. ~cU~S~ ~ora~oS~e~9~,O~oe~h~p from Cemetery Lot 176A,
Request refund for Rose Murray Wheeler on Cemetery Lots
244 and 245, replat of Boynton Beach Memorial Park
Eo
Request refund for Rene and Gloria R. Beteille on
Cemetery Lots 100 A & B, Block O, Boynton Beach Memorial
Park Addition #1
F. Payment of Bills - Month of July, 1991
30
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 20, 1991
Go
Contingency transfer from the City Hall/General Adminis-
tration Account (General Fund) to the Legal Department
H. Approval of Bills
This includes the Solid Waste Authority bill for the
month of July in the amount of $132,566.29.
I. Receive and File Departmental Monthly Reports
A motion was made and seconded to APPROVE the Consent Agenda.
The motion carried 3-0.
9T~ER
None
%DJOURNMENT
~here being no further business, the meeting properly adjourned
~t 10:45 p.m.
~TTEST:
Clerk
Prainito
(ecording Secretary
(Four Tapes)
CITY OF BOYNTON BEACH
Mayor
Co~issioner
Commissioner
31
AGENDA
August 20, 1991
XI.
CONSENT AGENDA
H
cc: Finance, Rec
Mgmt Serv, Util
o
o
AIR COMPRESSOR WORKS INC.
Emergency Repair of No. 1 Air Compressor running on back-up
now. Compressors are used for filters 5 thru 6 and the
Chlorine Room Controls.
Pay from Water & Sewer Rev---401-332-5-499-00
ALLIED LIME
Blanket P.O. #85951 - Pebble Quick Lime for Water Plant.
Pay from Water & Sewer Rev---401-332-5-365-00
AMERICAN FOOD MANAGEMENT DIV. SERVICEMASTER CO.
Summer Food Program @ Wilson Center.
Pay from General Fund---001-000-0-158-90
AMERICAN WOOD FENCE INC.
Installation of 100' of 6' chain link fencing and 16' double
gate at east side of intersection of NE 4th. St. and NE 26th.
Ave.
Pay from Water & Sewer Rev---401-352-5-629-00
"Best of 4 quotes"
BAXTER DIAGNOSTICS INC.
1 Capillary Column for Lab Services.
Pay from Water & Sewer Rev---401-361-5-642-00
"Best of 3 quotes"
BELL & HOWELL
Service agreement on Microfilm Camera from 9/22/91 to
9/21/92 for City Clerk's office.
Pay from General Fund---001-122-5-433-00
BOCA TIRES INC.
Blanket P.O. #85957 - Partial Payment for items needed to
repair & maintain vehicles.
Pay from Vehicle Service Fund---501-193-5-322-00
EIMCO PROCESS EQUIPMENT
1 Vacuum Filter Belt for Water Plant.
Pay from Water & Sewer Rev---401-332-5-433-00
FLORIDA ATLANTIC UNIVERSITY
Payment of internship contract for Student PlanningIntern.
Pay from General Fund---001-151-5-111-00
FLORIDA POWER & LIGHT
Underground service and transformer @ Ezell Hester Park.
Pay from Public Svs. Tax Constr.---301-721-5-640-27
$ 1,200.00
1,720.98
4,291.41
1,169.69
1,021.00
1,341.00
1,597.87
1,430.00
3,750.00
6,838.00
COMMISSION
AUG 20 )99i
APPROVAL
11.
12.
13i
14!
15
16
17i
2O
FLORIDA SERVICE ENGINEERS, INC.
Service calls and repairs to Robicon equipment at Utility
Pumping Stations.
Pay from Water & Sewer Rev---401-352-5-433-00
GEE & JENSON, ENGINEERS
Blanket P.O. #86324 - Architectural and engineering services
for design of new building for use by Recreation & Parks.
Pay from Public Svs.Tax Constr.---301-621-5-463.05
Commission approved 12/4/90
IBM CORPORATION
Blanket P.O. #85507 - Maintenance month of August, 1991 for
AS/400.
Pay from various departments.
LAYNE-ATLANTIC COMPANY
Repairs to Cemetery Well which was puming half of its de-
signed capacity, resulting in irrigation problems at the
Little League Fields and Cemetery.
Pay from General Fund---001-722-5-433-00 $1,130.00
" " " " 001-722-5-499-00 2,000.00
MATRX MEDICAL INC.
Blanket P.O. #87311 For replacement emergency medical
supplies.
Pay from General Fund---001-221-5-371-00
3M COMPANY
20 Pressure Sensitive 25 MPH Speed Limit signs and 1 roll
of 24" X 50, High Int. pressure sensitive orange for Street
Dept.
Pay from General Fund---001-411-5-348-00
MEISNER ELECTRIC, INC.
Blanket P.O. #87604 - Est. #3 - Generator For E. Water Plant.
Pay from Utility Cap. Improve.---404-000-0-690-10
Commission approved 4/2/91
PALM BEACH COUNTY SHERIFF'S OFFICE
Vehicle maintenance repairs to Kawasaki #391.
Pay from Vehicle Service Fund---501-193-5-432-00
PRIDE OF FLORIDA
Blanket P.O. #85997 - Items needed for vehicle repair and
maintenance.
Pay from Vehicle Service Fund---501-193-5-322-00
THE ROLM COMPANY
Blanket P.O. #86029 Maintenance agreement for Telephone
SyStem from 8/1/91 thru 8/30/91.
Pay from General Fund---001-197-5-433-00
1,249.40
3,057.29
1,600.35
3,130.00
1,661.00
1,278.36
8,192.00
3,434.40
1,499.65
1,580.67
COMMISSION
AUG ~0 ]99]
APPROVAL
21.
THE RYLAND GROUP, INC.
Refund of Sewer & Water fees paid on permits #91-0477 &
#91-1480 and permit fee & plans filing fee paid on permit
#91-1480.
Pay from various accounts.
4,505.21
22;
SCE, INC.
Payment #11 - Odor Abatement System - Aeration Covers,
Effluent Pumping Station Expansion and Electrical Building
Project for period 6/20/91 to 7/19/91.
Pay from 1985 Constr. Fund---409-000-0-691-20
360,997.96
23~ SEALAND CONTRACTORS, INC.
Payment #6 - Rolling Green Park - $ 43,144.42
Payment #7 - Ezell Hester Park - 217,327.18
Pay from Public Svs. Tax Constr. Fund
260,471.60
24~
SEWELL, TODD & BROXTON
Claims administration fees for: Property damage/sewer back-
up claim - $1,208.53; Police liability claim - $20.32.
Pay from General Fund---001-195-5-468-00
1,228.85
25~
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD
Payment for Odor Abatement Project - various invoices.
Pay from 1985 Constr. Fund---409-000-0-691-20
32,123.74
26 .~
27
28
SOUTHEASTERN MUNICIPAL SUPPLY
Supplies needed for Force Main relocation - 1-95 and ~ 22nd
Ave.
Pay from Utility Capital Improvement
STANLEY CONSULTANTS OF FLORIDA, INC.
Construction Management - Engineering Services West WTP - Raw
Water Main Project from period 6/30/91 to 7/27/91.
Pay from 1990 Constr. Fund---409-000-0-690-10
OSCAR VAGI & ASSOCIATES
July Construction Administration of Ezell Hester Park.
Pay from Public Svs. Tax Constr.---301-721-5-462-01
29. WOLLETT & BRADY
Services rendered with respect to opinion letter concerning
requirements Quantum Park Community Development District.
' Pay from General Fund--'001-131-5-468-00
30. WOODBURY BUSINESS SYSTEMS, INC.
200M New 4-Color Utility Bills.
I Pay from Water & Sewer Rev---401-393-5-472-00
31. XEROX CORPORATION
120 Cartons 8 1/2 X 11 and 80 Cartons 8 1/2 X 14 Xerox Paper
for Warehouse.
Pay from Warehouse Fund---502-000-0-410-10
3,898.00
10,019.00
3,652.00
2,862.50
3,400.00
4,422.00
COIvltv'lISSION
AUG ~BO ]}991
APPROVAL
32.
3 3 ¸.
YOUNGQUIST BROTHERS, INC.
Payment #4 - Deep Injection Well Disposal System.
Pay from 1990 Construction Fund---409-000-0-690-10
Per bid 2/16/91, Commission approved 2/5/91
JOSIAS & GOREN, P.A.
Statement for general services July, 1991 - $6537.70; Traylor
Arbitration - $300.00; CDD - $250.70; DCA Comp Plan - $201.40;
Tradewinds - $950.70; Mrotek - $100.00; Citrus Glen - $512.10;
Las Palmas - $190.70; Su~mit Associates, Inc. - $650.70.
Pay from General Fund---001-141-5-461-00
230,512.03
9,694.00
These bills have been approved and verified by the department
heads involved, checked and approved for payment.
Diane Reese, Asst. Finance Director
I therefore recommend payment of these bills.
ADDED:
yScott Miller, City Manager
palm Beach County Solid Waste Authority
USe of County Landfill for month of July
132,566.29
COMMISSION
AUG ~0 ]99~
APPROVAL