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Minutes 07-16-91MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 16, 1991 AT 7:00 P.M. PiRESENT rline Weiner Mayor ~dward Harmening, Vice Mayor ~ose Aguila, Commissioner Lillian Artis, Commissioner Lynne Matson, Commissioner J. Scott Miller, City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk ALL TO ORDER, MOMENT OF SILENT PRAYER, PLEDGE OF ALLEGIANCE ayor Weiner called the meeting to order at 7:00 p.m. After a '~Oment of silent prayer, the Pledge of Allegiance to the Flag was ~ed by Vice Mayor Harmening. ~GENDA APPROVAL i. Additions, Deletions, Corrections Commissioner Matson requested that item "D" be added under New Business to discuss Florida League of Cities Convention. Scott Miller asked that a bill be added under XI-D - "Approval of Bills" from the Solid Waste Authority for the month of June. Adoption Vice Mayor Harmening moved to adopt the agenda:"~which was seconded by Commissioner Artis. The motion carried 5-0. ~RESENTATI ONS Scott Miller presented Service Awards to City employees as follows: 20 Years of Service: ~5 Years of Service: John DeLoach, Deputy Police Chief Charles Frederick, Park & Rec. Director Carol Kribs, Admin. Asst., Engineering Clifford Lewis, Retired Police Captain Joe Mikels, Asst. Supervisor, Utilities Edward Sisko, Firefighter III Peter Versen, Lifeguard II Joseph DeMarco, Fire Lieutenant Marion DiPasquale, Secretary II, Police Frederick Ireland, Supervisor of Water Di st r ibut i on Michael Munro, Dir. of Data Processing Warren Shelhamer, Streets Supervisor * should read "as amended" 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 10 Years of Service: Lois Bee, Secretary III, Fire Department John Callahan, Police Sergeant David Crockett, Exec. Officer, Fire Dept. Helen Ewing, Admin. Asst. Fire Department Dennis Flushing, Firefighter III, Paramedic Vernetha Green, Buyer, Purchasing Department Charles Kuss, Police Sergeant Mark Ladd, Mechanic II Gary Lee, Detective Robert Mathis, Park Supervisor Clyde Milor, Chief Field Inspector Mary Ramseyer, Recording Secretary Marvin Razz, Equipment Operator III Richard Ross, Police Officer Michael Smollon, Firefighter III, Paramedic ~ Distinguished Budget Presentation Award FY 90/91 Scott Miller presented to Grady Swann, Finance Director, the £istinguished Budget Presentation Award for Fiscal Year 990/1991, awarded by the Government Finance Officers .ssociation. The City of Boynton Beach has received this award or six years in a row and it is one of the highest awards we can eceive. ther employees recognized for their outstanding work and dedica- ion ~n preparation of the budget were Tammy Standifer, Diane ~eese (Assistant Finance Director), Mar, y Munro (Budget Analyst), nd Joyce Costello of the City Manager s Office. Grady Swann was also awarded a Certificate of Commendation from the City. 2- Mayor Weiner recognized Carol Beasley of the Finance Department with a Certificate of Appreciation for her participation representing the City in a 450 mile relay run. PUBLIC HEARING PROJECT: APPLICANT: OWNER: LOCATION: DESCRIPTION: Dos Lagos None William and Kimberly Kellum Congress Avenue at Miner Road, southeast corner ABANDONMENT: Request for the abandonment of a 10 foot wide utility easement. ~ris Cutro, Planning Director, presented the request for aban- lonment of a 10 foot wide utility easement which had been ~pproved by the Planning and Zoning Board subject to applicant )roviding an indemnification agreement; however, review indicates 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 this is not necessary as there are no utilities in this ease- ment. The Utilities Department confirmed that there are no plans to put utilities on this property. It is a Planning Department recommendation that this request be approved without an indem- nification agreement. Commissioner Aguila moved to approve the abandonment of the utility easement which was seconded by Vice MayOr Harmening. T~e motion carried 5-0. PUBLIC AUDIENCE Mayor Weiner announced that this is the public audience portion of the agenda and anyone wishing to address the Commission may do so. Ralph Marchese, 1901 Roma Way, Boynton Beach reported on an incident which occurred on July' 8th when an alligator appeared on his neighbor's lawn. He commended the Police Departme~nt, in par- %icular Officer Jerry Wood and Sgt. Brooks, on their prompt arrival at the scene and their helpfulness. ~hirley Stevens, 2832 S.E. 5th Circle, 94B, Boynton Beach, ~airman of the Boynton Beach Citizens Coalition, spoke on behalf of the Coalition regarding checks and balances concerning recall Of elected officials. She requested that consideration be given ~o the adoption of a referendum provision either by ordinance or ~nclusion in the City Charter and that the City Manager suggest a procedure for adoption and that the matter be placed on the agenda of the Commission for consideration. Walter Sullivan, 1106 S.W. 16th Street, Boynton Beach, expressed his appreciation of the outstanding work of Boynton Beach civic employees, naming specifically garbage collection service and police officers. PUBLIC AUDIENCE CLOSED. DEVELOPMENT PLANS A. Request to postpone construction of sidewalks and relief - i submission of one year guarantee - Costa Bella Subdivision. Richard Staudinger, City Engineer, explained that this subdivision has recently been certified complete. In accordance with Appendix C, Article 9, Section 7 it is required that within five years of completion of improvements to the subdivision that the sidewalks be built. The appli- cant has requested a waiver of the sidewalks being built. Mr. Staudinger is in favor of posting a bond for $3,000. The appli- cant has also requested relief from the requirement in Appendix C, Article 12, Section 1 to post a one-year guarantee for the 3 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 required improvements within the subdivision. Because the sub- division was partially completed five years ago, Mr. Staudinger recommends allowing relief from the one-year guarantee; however, drainage improvements which were in the portion recently completed should be subject to the one-year guarantee which is standard in that portion of code. Mr. Robert Fetrow, Gator Engineering Services, 200 Knuth Road, Boynton Beach, is the applicant. He has no objec- tions to Mr. Staudinger's recommendations. MOT I ON Commissioner Aguila moved to deny the waiver to construct sidewalks and approved relief from the one-year guarantee in all matters except drainage, as recommended by the City Engineer. Vice Mayor Harmening seconded the motion and it carried 5-0. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 091-48 RE: Creation of a Community Development District - (CDD) - Quantum Corporate Park Attorney Cherof read Proposed Ordinance No. 091-48 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING THE QUANTUM COMMUNITY DEVELOPMENT DISTRICT; ESTABLISHING THE BOUNDARIES OF THAT DISTRICT; APPOINTING THE INITIAL BOARD OF SUPERVISORS; PROVIDING FOR POWERS OF THE BOARD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE." Cal Cearly asked for the support of the Commissioners on ~his issue stating that the City of Boynton Beach would not ave legal or financial responsibility for the CDD tax-free ond issue nor would it affect the bond rate of the City. Bill Sherry, a commercial real estate broker, spoke in favor Qf the issue, stating that from a commercial standpoint it Would bring prices of land sites to a level where outside businesses can buy them and make them perform. Do~oris Pastl, Specialty Advertising, 639 East Ocean Avenue, Ton Beach, represented the Greater Boynton Beach 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 Chamber of Commerce, who are strongly in support of Quantum Corporate Park and their need for a CDD. She stated that through approval of this issue, the City would realize an increase in tax revenues and many employment opportunities. Bob Taylor, Vice President and Chief Financial Officer of Bethesda Memorial Hospital, Boynton Beach, expressed sup- port of the CDD by the Board of Trustees of Bethesda Hospital and Bethesda Health Care Corp. Mr. Taylor read excerpts from a letter dated May 10, 1991, from Jones, Foster, Johnston & Stubbs, P.A., Flagler Center Tower, 505 South Flagler Drive, West Palm Beach, FL. The letter stated: "...The law allows property owners to organize themselves and to propose a plan of development to the municipality. The municipality retains control over planning and develop- ment without assuming any financial responsibility for the project. Florida Statutes specifically provide that bonds or obligations of a community development district shall not Constitute debt or obligation of a local general purpose government or the state. As you know, it can be very difficult, if not impossible, to obtain conventional financing for developmental projects in today's market. Additionally, the interest on bonds issued by such special districts is usually more favorable than most other forms of financing. Often the difference in financing costs can be critical to the decision to proceed With development. tn my opinion, a well planned community development district is a win/win situation for local government as it allows a means for promoting responsible economic development, including the creation of new jobs, without financially encumbering the local government..." r. Taylor concluded that development of the CDD will pro- ide an opportunity to generate incremental tax revenues for ~he City, will provide additional jobs for the citizenry and ~111 generate purchasing power for Boynton Beach business products and services. He asked that the Commission vote Xes for the Quantum Corporate Park CDD. ~aul Raffa, owner of McDonald's, 1810 South Federal Highway, o~ton Beach, stated that he believes Boynton Beach needs the CDD which will create additional jobs and increase the tax base. He asked that the Commission approve the CDD. 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 Craig Livingston, 323 North Pederal Highway, Director on the Palm Beach County Business Development Board, stated figures from a report prepared by the PBC Business Development Board showing that Boynton Beach had only 5% of new jobs which opened in the county in the last 12 months. He stated that we must work together to be competitive and he asked the Commission to allow the CDD to go forward. Lloyd Powell, 1112 N. Federal Highway, owner of Alpine Florist, made reference to his letter of May 20, 1991 to the Mayor and Commissioners. He expressed his feelings that small business owners and taxpayers in the City need CDD and Quantum Park and he urged the Mayor and Commissioners to vote yes for the CDD. Allen Knop, 647 SW 4th Avenue, who is also a small business owner, expressed his approval of the CDD and urged the Commission to vote yes. Gary Ashcraft of the Boynton Beach Chamber of Commerce explained that he needs the CDD at Quantum Park as a tool to go before prospects who are looking at Boynton Beach as a possible location for industry and urged the Commission to pass the CDD. Charlie Ladd, developer of the Shoppes of Boynton which is situated adjacent to Quantum Park, is looking to Quantum Park to help generate business for the shopping center. They have looked to acquire land from Quantum Park for nearly three years but have not been successful due to the price. If the CDD is approved, they anticipate purchasing additional land and adding approxima- tely 120,000 square feet to the Shoppes of Boynton. ~ill Martin, 4398 Caryota Drive, past President of the Greater Boynton Beach Chamber of Commerce and Chairman of the Chamber's Economic Development Committee, urged the Commission to vote in favor of the CDD pointing out the positives of increased tax base, increased employment and impact fees. Patt Tompson, 504 NW 6th Way, representing Quantum Corporate Park, read into the record letters from local businesses and residents in favor of the CDD. These letters were from Vivian Decter of Crews & Decter, Jerome Leonard of Motorola, Inc., ~eter G. Johnson, Director of Operations for South-Atlantic Corporation, Kathleen E. Reilly, Asst. Vice President and Branch Manager of First Union National Bank of Florida and Jeffrey M. Kelly, Coldwell Banker Commercial Real Estate Group, Inc. Jiohn Martin, 323 SW llth Avenue, a resident of Boynton Beach for 33 years, urged the Commission to vote for the CDD to help ~oynt0n Beach grow and prosper. 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 Bob Olenik Jr., urged the Commission to vote for the CDD as the positives far outweigh the negatives and it offers one of the best opportunities for development in the community and in Palm Beach County. Ed Poppell, 639 E. Ocean Ave., Suite 109, is a commercial and industrial broker. He urged the Commission to vote in favor of the CDD in order to get some lower priced real estate in the community. Edward Deutsch, Quantum Associates, Quantum Corporate Park, addressed two articles which have appeared in the newspaper recently. First, being the dispute Quantum Associates had with Chase Federal Savings and Loan (now known as Chase Federal Bank), forcing Quantum to file a litigation. This institution has no affiliation with Chase Manhattan Bank. Mr. Deutsch introduced Mr. Jesse Diner, attorney for Quantum in this matter. Mr. Diner explained that Chase Federal Bank refused tO fund tenant improvements and litigation became necessary. He stressed that Deutsch-Ireland is a solid company and he urged the COmmission to approve the CDD. Mr. Deutsch discussed the second article concerning North Port Center Associates (a Deutsch-Ireland entity which is developing the convention center for Broward County). The article infers that a question has arisen concerning unpaid rent. MT. Deutsch introduced Mr. Richard Mooney, Executive Vice President of the North Port project. Mr. Mooney explained that what was at issue was the fact that the Port Authority had been looking for rent on property from North Port land partners when they had been receiving rent on that property from other tenants, which is in violation of the existing lease between North Port and the Port Authority. Mb. Deutsch introduced Marsha Oliver, Director of Development R~lations' for Quantum Pa--~-~hose expertise lies in the area o~ employment. Ms. Oliver will be responsible for implementing M~nority Business Employment and a job service program at Quantum Park. She pointed out that the 120,000 square feet mentioned p~eviously equates to 480, including construction, entry level, professional, part-time and temporary. Mr. Deutsch introduced Dr. Henry Fishkind, 12424 Research P~rkway, Suite 275, Orlando, who had reviewed the analyses made by Mr. Harry Marcus and discussed them point by point as follows: MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 1) The terms of debt with a bank loan differ from a CDD bond in that the bank loan has a short life and a large balloon payment, while the CDD has a 20 year amortization which redu- ces the annual cost of carrying the debt. 2) The CDD debt carries a much lower interest rate. 3) The CDD debt (the bonds) carry accrued interest which provides an "interest holiday" for up to two to three years. He further explained the release price which is controlled by the lender is the price at which the lender will provide clear title to a prospective purchaser of land at Quantum Park. At $60,000,000, the release price for developable land is approxima- tely $4.50 per acre; therefore, no sale can occur below $4.50 or Chase Manhattan will not provide clear title. If the CDD is approved and if $45,000,000 worth of bonds are issued, the release price moves from $4.50 to $1.91. The debt in total on the land goes up but the terms and the release price change dramatically to allow them to meet the market competition. Mr. Deutsch next discussed Deutsch-Ireland's partner, Melvin Simon who has and is currently developing approximately 61 million square feet of projects in this country and manages 71 million square feet. Messrs. Ireland and Deutsch have developed over 15 million square feet. Mr. Deutsch introduced Bill Hammer of Melvin Simon Associates, Inc. who stated that Melvin Simon participated in three urban development action grant projects for which the federal govern- ment awarded approximately $80 million. Mr. Deutsch introduced Simon Cruz , Vice President of Chase Manhattan Bank, 5355 Town Center Road, Boca Raton. Mr. Cruz stated that there has been misinformation in this matter and he wanted to make clear that Chase Manhattan has been involved with Deutsch-Ireland from the beginning of the CDD process and they are in full support of the CDD. Mr. Deutsch explained that what- ever money is raised by the CDD will be applied to Chase's debt. The approximate figure involved is $60 million. The money raised will be applied against Chase's first mortgage and when the CDD becomes effective, Chase will go into a second position. 'It is true that the debt will increase because of the bond but it does not get repaid from the sale of lots directly but rather from assessments. This provides the opportunity to the park to be competitive which is what we are all trying to do. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 QUESTIONS BY THE COMMISSION TO MR. DEUTSCH Vice Mayor Harmening asked if the CDD concept is so economically attractive, what would prevent other developers from coming to the Commission asking for a CDD. Mr. Deutsch explained what it takes to market bonds, to present a viable property for a CDD; namely, economics. In today's world, bond buyers will not enter- tain bonds for under $7 million. The costs and work involved to put a CDD application together, the money spent by the City in doing research, time and effort spent by the developer is all so extensive that unless the economics make sense it is not worth it. Mr. Deutsch went on to say that if another developer has the right project and the amenities necessary, nothing would stop them, but he asked what other park in Palm Beach County has what Quantum Park has. Mayor Weiner asked if anyone in the audience wished to speak in Opposition to the proposed Ordinance. larry Marcus, Hor s a ~ . .-- ~ 650 izon East, ddressed his remarks to the Petition itself. Mr. Marcus read from the petition stressing the fiact that all statements contained within have been found to be true and correct. In this regard, Mr. Marcus feels very strongly that the financial statements provided should have been audited, Which they were not. He pointed out that Chase Manhattan requests financial statements through their mortgage and he feels tlhe City should have received these statements when they were originally requested. He described in detailed many aspects of the financing which he does not feel comfortable with and urged the Commission to oppose the CDD. Former Mayoor Jim Warnke, 617 Lakeside Harbor, expressed his 6pposition to the CDD and pointed out that if the CDD does not pass, Quantum Park will come up with alternate financing as it Should. He asked that the Commission not vote for the CDD if they had any doubts about it. ~ormer Mayor Gene Moore, 639 East Ocean Avenue, stated that he ~as always been in opposition to the creation of the CDD. He referred to his letter of July 1 to the Commission and asked that ilt become part of the record (see letter attached to original minutes). Mr. Moore fears that liability could possibly fall on the taxpayers. Mr. Moore stated that there is a foreclosure pro- Ceeding in the amount Of $5.7 million against a portion of the property; that the North Port project has a delinquent rent Charge against them; and he urged the Commission to deny the CDD iif they have any doubts about it. en he asked Mr. Fishkind for an answer to a question on the ~°rtgage debt, Mr. Fishkind had no Mr. Moore asked response. t~hat the record show this. Mayor weiner read Mr. Moore's letter into the record so that the aiudience could hear it. 9 i~typ~, error - should read '~ayor? MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 F~rances Cleary, 850 Horizons East, urged the Commission to seriously consider the responsibility that could fall on the City and vote against the CDD. Walter Sullivan, 1106 SW 16th Street, stated that a precedent would be set if the CDD is approved which could be used by a fluture developer and asked that the Commission oppose the CDD. Thomas Corcoran, 215 SW 3rd Street, feels that Quantum Park must compete with Arvida to succeed and urged the Commission to oppose the CDD. Susan Colvin, 623 W. Ocean Avenue, feels that Quantum Park must succeed on its own merits without developing the CDD. Paul Raffa, who spoke, previously in favor of the CDD, explained that after hearing the presentation he is now opposed. He is concerned that Boynton Beach would have to cut back on services to raise taxes and feels the CDD should not be passed. THERE BEING NO FURTHER STATEMENTS, THE PUBLIC AUDIENCE WAS CLOSED. QUESTIONS BY THE COMMISSION TO THE PETITIONERS When Commissioner Artis asked Mr. Cruz why the financial infor- mation was not reported to the bank, Mr. Kruse stated that the petitioner has satisfied Chase Manhattan with any financial information ever requested and that Chase Manhattan Bank has been doing business with Duetsch-Ireland and Melvin Simon since 1982. Frank Brady, engaged by the City regarding bond aspects in 6reation of the CDD, responded to a question posed by Commissioner Artis on non-taxable assessment. Mr. Brady stated that the special assessments are not an itemized deduction for purposes of income tax; however, they increase the property Owner's basis in the property so that if it is later sold, there is a smaller capital gain. ~ichard Ashburn, 4844 Willowcrest Avenue, North Hollywood, California, responded to a question posed by Commissioner Artis Concerning how much the bond can legally be sold for. While Florida Statutes allow bonds to be sold at 90¢ on the dollar, the investment banking team on this project has no intention of Selling them for anything less than 99¢ on the dollar. In the Past eight years being involved in the sale and marketing of over · $1 billion, he has never sold an issue at less than 99¢ on. the dollar. Commissioner Matson asked Dr. Fishkind about the total debt of $75 million in relation to $5.41/square foot. Dr. Fishkind responded that this transaction, while it increases the total amount of the 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 debt, allows for a reduction in the land price because the effect of paying down the bond debt is an accrued interest for at least 2 and possibly 3 years allowing it to be deferred, with no interest or principal being paid. By reducing the bank debt, the release price is lowered which is what allows the reduction in the sales price. He pointed out that Arvida uses these bonds and finds it to be an effective way to reduce land costs. Mayor Weiner asked Dr. Fishkind at what interest rate these bonds wlould be sold. Dr. Fishkind replied that the floating rate today is 4.4% and the fixed rate is 6.9%. Commissioner Artis asked Mr. Cherof about the ability of the City t!o acquire bonds being affected. Mr. Cherof responded that while h!e cannot predict what would happen, it is quite clear that the obligations incurred by the CDD are not the obligations of the City and cannot be inherited, unless they are voluntarily accepted, at some point in the future. Vice Mayor Harmening referred to Florida Statute 190.0028, wherein it is stated that independent districts are not in the public interest. He went on to explain that there are six requirements which the Commission must find to be true and correct before creating a CDD. He does not feel this criteria is met. He asked Mr. Paul Bremer of Ernst & Young to expound on the fiinancial statements which had been reviewed; Mr. Bremer stated that the statements were not audited by an outside accounting firm. Vice Mayor Harmening then reviewed the recent newspaper articles which reported defaults and he expressed his belief that Quantum Park is experiencing financial woes and he cannot believe that Quantum will ever be a viable enterprise. He also does not believe that Quantum meets the requirement of compactness and alsked City Attorney Cherof for his interpretation of the term. Mr. Cherof stated that the district is not compact but that it Contains enclaves and holes; however, the statute qualifies this requirement by saying that it must be "sufficiently compact", Which is something only the Commission can decide. Vice Mayor Harmening stated that property owners association and awners at Quantum Park are delivering services and facilities to ~xisting clients and customers and he does not feel the CDD is needed to perform this function. ~ommissioner Artis asked City Manager Scott Miller if the City Stands to lose tax dollars if the CDD is created. His response Was that the proportionate cost of the infrastructure that the ~ity would lose would be $1800. 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 Mayor Weiner related that she had asked Mr. Bremer after his examination of the financial statements if he could make a recom- mendation one way or another to the Commission and he responded that he could not. Mr. Bremer confirmed this. Commissioner Matson related that in a discussion with Planning Director Chris Cutro he stated to her that there are no other com- mercial parcels in the City that could qualify as a CDD, which she feels answers the question of setting a precedent. She then reported that there is a similar district in Boca Raton of 54 acres which had a tax base in 1990 of $287,376 in ad valorem taxes plus utility taxes and franchise taxes. Commissioner Matson stated that she has looked at this very openly and has done much research and she cannot find how this will hurt the City. Commissioner Aguila expressed his feeling on this very compli- cated issue, stating that he is comfortable with statements con- tained in the petition. He believes the CDD is the best alternative based on the facts before the Commission and the economic situation today and that this is the best possible solution to Quantum Park and in the best interest of the citizens of Boynton Beach. Commissioner Artis stated that people in District 2 suffer most from taxes and do not get their fair share of tax dollars. She feels that if the CDD is a means of providing jobs and keeping the children off the corner, the CDD should be approved. Mayor Weiner expressed how she had spent much time and given long consideration to all aspects of the Quantum Park proposal for a cDD. She discussed the letter that the Assistant City Manager had received answering their concerns. She had a concern with finan- Cial viability of Deutsch-Ireland. They wrote back that they libel the economic model and studies provided by Dr. Fishkind con- f!~rm the financial viability of the district and its intended purpose and that over the next two weeks they would demonstrate the practical applicability of the economic program prepared by the professionals. They indicated they had no doubt they would be able to show the results of creating the CDD and the issuance o~ the appropriate bonds will be a lowering of the purchase price and acceleration of sales within Quantum Corporate Park. Since ri~ceipt of that letter dated July 5, no further information has been received from Quantum Park. She is concerned that Deutsch-Ireland will be tied up in extensive, expensive litiga- tlion with other projects in the foreseeable future. Mayor Weiner fieels a precedent will be set by allowing this developer access t.o tax exempt bonds and other developers will come to the City ai~king for the same approval. Mayor Weiner doubts that the State o~ Florida will allow a bond issue of $45 million to be sold on 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 Quantum Park's infrastructure. The hard costs of the infrastruc- ture were $13 million plus $8 million in land costs but Quantum Park is asking for $32 million which includes soft costs, attor- neys' fees, and accountants' fees. She posed questions, i.e. will the CDD be liable if the State only allows the sale of bonds f~or the actual costs connected with the infrastructure; and what if the bond issue does not sell. Mayor Weiner concluded by alsking the Commission to carefully weigh all the ramifications of their decision and steel themselves to face the consequences of their action. MOTI ON Vice Mayor Harmening moved that the Commission forward this matter to the Governor and Cabinet sitting as the Land and Water Adjudicatory Commission so the Commission will not have to decide. Mayor Weiner passed the gavel to Commisioner Artis and seconded the motion. At Commissioner Artis' request, Mr. Cherof explained the motion. The City at any time within 90 days of the filing of the petition may opt out of making the decision and can forward the issue to ~he Florida Land and Water Adjudicatory Commission to make that decision. If the motion were to pass, the City could not do anything to create or to prevent the creation of the District. The decision would be made by the Governor and Cabinet. A vote was taken on-the motion and the motion failed 3-2. The dissenting votes were cast by Commissioners Artis, Matson and Aguila. Commissioner Aguila moved to approve the CDD on second reading. Commissioner Matson seconded the motion. A vote was taken on the motion and the motion carried 3-2. Mayor Weiner and Vice Mayor Harmening cast the dissenting votes. B. Ordinances - 1st Reading: Proposed Ordinance No. 091-49 RE: Request to rezone from C-3 (Community Commercial) to CBD (Central Business District) for the purpose of implementing the 1989 Comprehensive Plan for lot and parcels at the southeast corner of U.S.1 and SE 2nd Avenue Attorney Cherof read proposed Ordinance No. 091-49 by title only: 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM C-3 (COMMUNITY COMMERCIAL) TO CBD (CENTRAL BUSINESS DISTRICT); PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY AND AN EFFECTIVE DATE." MOTION Vice Mayor Harmening moved to approve Ordinance No. 091-49 which was seconded by Commisioner Matson. The motion carried 5-0. Proposed Ordinance No. 091-50 RE: Request to rezone from C-3 (Community Commercial) to C-4 (General Commercial) for the purpose of implementing the 1989 Comprehensive Plan for lots at the southeast end of the City, between Old Dixie Highway and U.S. 1. Attorney Cherof read proposed Ordinance No. 091-50 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM C-3 (COMMUNITY COMMERCIAL) TO C-4 (GENERAL COMMERCIAL); PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY AND AN EFFECTIVE DATE." MOTION Commissioner Matson moved to approve Ordinance No. 091-50 which was seconded by Commissioner Aguila. The motion passed 5-0. Proposed Ordinance No. 091-51 RE: Request to rezone from C-2 (Neighborhood Commercial) to C-1 (Office/Professional) for the purpose of implementing the 1989 Comprehensive Plan for lots on the north and south sides of Boynton Beach Blvd between 1-95 and Seacrest Blvd. Attorney Cherof read proposed Ordinance No. 091-51 by title only: 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM C-2 (NEIGHBORHOOD COMMERCIAL) TO C-1 (OFFICE/PROFESSIONAL); PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE." MOT I ON Vice Mayor Harmening moved to approve Ordinance No. 091-51 which Was seconded by Commissioner Matson. The motion failed 3-2 with dissenting votes being cast by Vice Mayor Harmening and Commissioners Matson and Aguila. (Note: Later in the meeting, this ordinance is reconsidered and approved.) Proposed Ordinance No. 091-52 RE: Request to rezone from C-1 (Office Commercial) and C-2 (Neighborhood Commercial) to C-3 (Community Commercial) for the purpose of implementing the 1989 Comprehensive Plan for the site occupied by the Holiday Inn Hotel located at the southeast corner of 1-95 and Boynton Beach Blvd. Attorney Cherof read proposed Ordinance No. 091-52 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM C-1 (OFFICE/PROFESSIONAL) AND C-2 (NEIGHBORHOOD COMMERCIAL) TO C-3 (COMMUNITY COMMERCIAL); PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE." MOT I ON Commissioner Aguila moved to approve Ordinance No. 091-52 which Was seconded by Vice Mayor Harmening. The motion passed 5-0. Proposed Ordinance No. 091-53 RE: Request to rezone from CG (General Commercial) in Palm Beach County to C-3 (Community Commercial) for the purpose of implementing the 1989 Comprehensive Plan for the parcel at the north- west corner of Boynton Beach Mall Attorney Cherof read proposed Ordinance No. 091-53 by title only: 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM CG (GENERAL COMMERCIAL) IN PALM BEACH COUNTY TO C-3 (COMMUNITY COMMERCIAL); PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE." MOT I ON Commissioner Aguila moved to approve Ordinance No. 091-53 which wlas seconded by Commissioner Matson. The motion passed 5-0. 0 Proposed Ordinance No. 091-54 RE: Request to rezone from C-3 (General Commercial) to REC (Recreation) for the purpose of implementing the 1989 Comprehensive Plan for the parcel at the northwest corner of the Boynton Beach Mall Attorney Cherof read proposed Ordinance No. 091-54 by title on ly: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM CG (GENERAL COMMERCIAL) IN PALM BEACH COUNTY TO REC (RECREATION); PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE." MOT I ON Commissioner Aguila moved to approve Ordinance No. 091-54 which Was seconded by Commissioner Matson. The motion passed 5-0. Proposed Ordinance No. 091-55 RE: Request to rezone from CG (General Commercial) in Palm Beach County to REC (Recreation) for the purpose of implementing the 1989 Comprehensive Plan for the parcel at the northwest corner of the Boynton Beach Mall Attorney Cherof read proposed Ordinance No. 091-55 by title only: - 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM C-3 (COMMUNITY COMMERCIAL) TO REC (RECREATION); PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE." M~TI ON Vice Mayor Harmening moved to approve Ordinance No. 091-55 which was seconded by Commissioner Aguila. The motion passed 5-0. MOTION COmmissioner Aguila made a motion to reconsider Ordinance No. 091-51 which was seconded by Commissioner Matson. The motion passed 5-0. COmmissioner Aguila moved to approve Ordinance No. 091-51 which was seconded by Commissioner Artis. The motion carried 5-0. C. Resolutions: Proposed Resolution No. R91-98 Re: Request Palm Beach County Board of County Commissioners to change func- tional classification of Old Dixie Highway from County collector to City Collector thus transferring jurisdic- tion from the County to the City ...... PREVIOUSLY TABLED ~ice Mayor Harmening'moved to take Resolution No. R91-98 off the tiable which was seconded by Commissioner Aguila. The motion Massed 5-0. "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING THE TRANSFER OF THE JURISDICTIONAL POWERS FROM PALM BEACH COUNTY TO THE CITY OF BOYNTON BEACH, TO PROVIDE FOR A RIGHT-OF-WAY ON OLD DIXIE HIGHWAY ALONG THE 4,150 LINEAR FEET DISTANCE DEPICTED IN EXHIBIT "A" ATTACHED HERETO; AND PROVIDING AN EFFECTIVE DATE." City Manager Scott Miller reported that both the Planning Director and the City Engineer have no objections to this resolu- tiion. They agree that due to the residential character of the neighborhood and limited ability to expand this roadway to four ~anes, it should be changed from County Collector to City Col 1 e ct or. 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 Commissioner Aguila moved to approve Resolution No. R91-98. Mayor Weiner passed the gavel and seconded the motion. kfter a brief discussion concerning maintaining right-of-way to protect the City with regard to future requests for abandonment, the motion carried 5-0. Proposed Resolution No. R91-115 RE: Old Boynton Beach Blvd., Military Trail to Knuth Road Project ~88504 - Water Main Extension Interlocl Agreement with Palm Beach County "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY FOR JOINT PARTICIPATION IN CONSTRUCTION OF OLD BOYNTON ROAD FROM MILITARY TRAIL TO KNUTH ROAD; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Utilities Engineer Mike Kazunas explained that the County has scheduled this road widening for next year and has requested ~hat the City respond with our interest to enter into an interlo- Cal agreement. This has resulted in savings on every project Where we have done this in the past. It is the recommendation of the Utilities Department that this be approved. MOT I ON hice Mayor Harmening moved to approve Resolution No. R91-115 ich was seconded by Commissioner Aguila. The motion carried --0. Proposed Resolution No. R91-116 RE: Zip Codes - NW Quadrant of the City (Lantana to Boynton Beach) "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING THE CHANGES IN ZIP CODE BOUNDARIES AS PROPOSED BY THE PLANNING DEPARTMENT: DIRECTING CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION TO THE UNITED STATES POSTAL SERVICE; AND FOR AN EFFECTIVE DATE." Chris Cutro reported that at the request of Commissioner Matson a ~etter. . was sent to the United States Post Office asking them to ~evlew the status of the zip code boundaries for the areas in 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 Boynton Beach which are not covered by Boynton Beach zip codes. The Post Office has replied that they are now looking into this; however, he felt perhaps meeting with Congressman Harry Johnston with the resolution in hand might speed things along. Letters from Willowbrook Home Owners Association, Boynton Beach Property Owners Association, Boynton Lakes North Homeowners Association, and Norma Lesko, expressing concerns of residents who would be alffected by this resolution, have been entered into the record and are on file in the City Clerk's Office. MOT I ON Commissioner Matson moved to approve Resolution No. R91-116 which was seconded by Commissioner Aguila. The motion carried 5-0. Mayor Weiner advised that when the Resolution is prepared she will make an appointment with our local Federal representation and she and the City Manager will go lobbying. Proposed Resolution No. R91-117 RE: Contract amendment between Gee & Jenson and the City of Boynton Beach for additional architectural/engineering fees associated with the proposed Recreation Activity Center "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE PREVIOUSLY ACCEPTED PROPOSAL OF GEE & JENSON, DATED OCTOBER 30, 1990, FOR DESIGN SERVICES FOR CONSTRUCTION OF A RECREATION BUILDING; AND FOR AN EFFECTIVE DATE." Charles Frederick, Director of Recreation and Parks, reminded the Commission that at the last meeting they had approved the addi- tiional funding to improve and expand the parking lot for the Recreation Activities Center at a cost of approximately $77,000. This is an expense over the original scope of services per the contract with Gee & Jenson. They had originally asked for $9,920 for these services and now are agreeable to $5,000. MOT I ON ~ommissioner Aguila moved to approve Resolution No. R91-117 which Was seconded by Commissioner Matson. The motion carried 5-0. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 Proposed Resolution No. R91-118 RE: Acceptance of propo- sal letter from Ernst & Youn~ to perform financial audit for FY 1990-91 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE PROPOSAL LETTER FROM ERNST & YOUNG DATED JULY 5, 1991, TO PERFORM THE FINANCIAL AUDIT FOR THE CITY OF BOYNTON BEACH FOR THE FISCAL YEAR 1990/91; A COPY OF SAID PROPOSAL LETTER IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." City Manager Miller explained that this is an acceptance of pro- Posal letter from Ernst & Young to perform financial audit for fiiscal year 1990-91 ending September 30, 1991 at a cost of $71,950 which is only an increase of $2,050 over last years. ~ommissioner Aguila asked if it is the City's practice to seek proposals for the audit. City Manager Miller explained that it Was staff recommendation to go with Ernst & Young this year and a!s soon as this audit is completed, seek proposals for next fiscal year. MOT I ON i Commissioner Aguila moved to approve Resolution No. R91-118 which Was seconded by Vice Mayor Harmening. The motion carried 5-0· 6. Proposed Resolution No. R91-119 RE: Force on the Elderly Establishing a Task "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ESTABLISH A TASK FORCE ON THE ELDERLY; FURTHER AUTHORIZING THE CITY MANAGER TO IMPLEMENT A CITY SPONSORED CONFERENCE ON THE ELDERLY WITH THE ULTIMATE GOAL OF FORMULATION OF A PERMANENT CITY ADVISORY BOARD ON THE ELDERLY: AND PROVIDING AN EFFECTIVE DATE." MOT I ON Commissioner Matson moved to approve Resolution No. R91-119 which Was seconded by Commissioner Artis. The motion carried 5-0· 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 OLD BUSINESS ke Stanford Park - Request for consideration of a conceptual change to Planned Unit Development (PUD) from ACLF to Elderly Condominium .................. PREVIOUSLY TABLED MOTION Vice Mayor Ha rmening moved to remove this item from the table which was seconded by Commissioner Matson. Motion carried 5-0. Chris Cutro reported that a meeting was held on July 2nd with the plotential buyers of Stanford Park, attended by himself, Jim Cherof, Commissioner Matson and Tambri Heyden. Several options w~ere outlined to the potential buyers on amending the Stanford ~ark PUD. This item can now be removed from the agenda as no fiormal action is required by the City Commission at this time. 5opefully we will hear from them within a few weeks. Mr. Cutro indicated that he will try to talk to the Bank of Boston and the applicant in order to obtain a Certificate of OCcupancy and get them on the tax rolls. Be Authorization to bid towing service for the City of Boynton Be a ch. Commissioner Aguila had reviewed the draft of the contract and ~ad many corrections, additions and deletions which were discussed with Wilfred Hawkins page by page. MOT I ON Commissioner Aguila moved to approve the contract with comments made which was seconded by Vice Mayor Harmening. The motion Carried 5-0. NEW BUSINESS Approve selection of Golf Course Architect The City Manager reported that we received nine proposals of Which the Golf Club Committee r~ted the top four as follows: C~- a rles Ankr om Roy Ca se John Sa nford Ward Nor thrup 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 At this time direction is being asked of the Commission to endorse the selection or to schedule a special Commission meeting for the purpose of interviewing these candidates. Vice Mayor Harmening moved to accept the decision of the Golf Club Committee which was seconded by CommiSsioner Matson. The motion carried 5-0. B. Utility Fund Capacity Reservation Fee City Manager Miller explained that this reservation fee will be required to be paid by any person or property owner requesting a reservation of water and/or sewage treatment capacity. This was Part of our rate analysis which was done a year ago and he feels it is necessary. MOT I ON Vice Mayor Harmening moved to authorize the City Attorney to pre- pare the ordinance for the reservation fee which was seconded by Commissioner Artis. The motion carried 5-0. Palm Beach County Water and Irrigation Conservation Ordinance City Manager Miller explained that this ordinance was submitted to all of the cities and we have until July 20th to make our com- ments to Palm Beach County Department'of Environmental Resources as to whether or not we have any concerns with it. The only con- ~ern that staff has is described in Mr. Guidry's memorandum which addresses the question of why we should put this in charge of the County when the South Florida Water Management District has been doing this for years and is more regional than Palm Beach County is. Staff would like to see this remain in the hands of the South Florida Water Management District. MOTION Commissioner Matson moved that the City send a letter of response With copies to all other cities stating our feelings that it Should be left in the hands of the South Florida Water Management District which was Seconded by Commissioner Aguila. The motion Carried 5-0. D. Florida League of Cities Convention Clommissioner Matson appreciates being voted representative for the Clommission at the Florida League of Cities Convention; however, 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 usually the Mayor or the Chairman is the voting delegate. She has made arrangements to attend the seminar for newly elected officials. MOT I ON Commissioner Aguila moved to remove Commissioner Matson as the Voting delegate at the Florida League of Cities Convention and replace her with Mayor Weiner which was seconded by Commissioner Artis. The motion carried 5-0. ADMINISTRATIVE: A. City Board Appointment APPOINTMENT T!O BE REG/ MADE BOARD ALT LENGTH OF TERM EXP. DATE Matson Community Appearance Board Alt Harmening Bldg Brd of Adj & Appeals Reg Ha rmening CRAB Reg Ar t i s CRAB Re g Aguila CRAB Reg Ma t s on CRAB Reg We iner CRAB Reg Hiarmening Community Relations Board Alt 1 yr to 4/92 tabled Expires 4/92 tabled 1 yr to 8/92 1 yr to 8/92 1 yr to 8/92 1 yr to 8/92 1 yr to 8/92 1 yr to 4/92 Commissioner Matson appointed John Serrentino as an Alternate to the Community Appearance Board without objection. Vice Mayor Harmening moved that this item be removed from the table which was seconded by Commissioner Aguila. The motion carried 5-0. Commissioner Harmening appointed Bud Howell as a Regular Member on the Building Board of Adjustments & Appeals without objection. Vice Mayor Harmening appointed Sam Scheiner as a Regular Member on the Community Redevelopment Advisory Board ("CRAB") with no objection. Ciommissioner Artis tabled her appointment of a Regular Member on the CRAB. Commissioner Aguila appointed Dave Katz as a Regular Member on the CRAB. COmmissioner Matson apPointed Lloyd Howell"¥as a Regular Member on the CRAB. ~,~should read Poweli 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 Mayor Weiner tabled her appointment of a Regular Member on the CRAB. Vice Mayor Harmening tabled his appointment of an Alternate Member on the community Relations Board. B. Approve purchase of software for performance evaluation William Sullivan, Personnel Director, reported that as of October our pay plan and evaluation system will be changed to a more Comprehensive one which will enable the supervisors to more accurately evaluate an employee. In this regard, it also becomes necessary to purchase a software package for the purpose of tracking evaluators in order to eliminate litigation regarding EEOC. Two systems were researched, i.e. PAMS and CAPE, the latter being the system that is recommended at a cost of $3,000 Which includes one year of telephone support. Discussion ensued concerning the importance of such a system, how it actually works and whether this will create a new position. City Manager Miller assured the Commission that eventually the Use of this system may even eliminate a position. OTI ON ~ommissioner Matson moved to approve the purchase of the CAPE ~ystem which was seconded by Commissioner Artis. The motion arried 3-2 with dissenting votes being cast by Mayor Weiner and ice Mayor Harmening. C. Emergency Utility Relocation - Woolbright Road - Military Trail to Congress Avenue City Manager Miller explained that the City had engaged in Construction of a water line where we ran into a conflict with a proposed roadway at the NW corner of Military Trail at Woolbright which necessitated the authorization of a Change Order not to exceed $12,000. MOT I ON Vice Mayor Harmening approved the Change Order not to exceed $12,000 which was seconded by Commissioner Aguila. The motion carried 5-0. 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 Workshop on Data Acquisition Control for the City's water system City Manager Miller requested a workshop for the purpose of discussing the Data Acquisition Control System which is a master system for the water treatment and distribution system. A workshop was scheduled for Tuesday, July 30th at 4:00 PM at which time annexation will also be discussed. Change Order No. 24 - Fire Station # 3 Painting of fire wall signs on all rated walls City Manager Miller informed the Commission that this is the last Change Order for Fire Station 93. It is a code requirement at a cost of $439.00. Vice Mayor Harmening moved to approve Change Order #24 which was Seconded by Commissioner Aguila. The motion carried 5-0. CONSENT AGENDA A. Minutes City Commmission/Chamber of Commerce Workshop Minutes of June 13, 1991 Mayor Weiner asked for correction to Page 4, 4th line from bottom Which read an "imposition" and should read "inquisition". The same Correction applies to Page 5, 2nd paragraph, 2nd line. On Page !2, 3rd paragraph, 8th line reads "5 feet" and should read "65 feet". 2. Regular City Commission Meeting Minutes of July 2, 1991 Mayor Weiner asked for correction to Page 27, Paragraph 3, line 1 Which read "election" and should read "selection". Page 28, Paragraph 5, line 3 "CRA" should read "CRAB". Vice Mayor Harmening asked for correction to Page 3, Paragraph 6, Line 2 which reads "four or more" and should read "f'our or less". Be Bids - Recommend approval - Ail expenditures are approved in the 1990-1991 Adopted Budget. (1) Flail Cutter Model # Beaver P10 Ti 112 (or equal) for Ford 4630 Tractor The Tabulation Committee recommended awarding the bid to Pifer, I!nc., of Jupiter, FL in the amount of $8,885 for this Golf Course filail cutter. 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 16, 1991 Payment of Bil~ls - Month of June, 1991 (see list attached to original Minutes) D. Approval of Bills (see list attached to original Minutes ) City Manager Miller added a bill from the Solid Waste Authority ~or the month of June in the amount of $72,577.34. E. Receive and File Departmental Monthly Reports. City Manager Miller had furnished the Commission with monthly reports from various City departments for their review. MOTI ON ! ice Mayor Harmening moved to approve the Consent Agenda which was ~econded by Commissioner Aguila. The motion carried 5-0. AD JOURNMENT The meeting properly adjourned at 12:10 a.m. CITY OF BOYNTON BEACH ATTEST: C i~t/~C~l e rk- - _ /? '~ecording Secretary (Five Tapes) j Ma yor Co~issioner Commissioner Commi s s ioner 26 AGENDA July 16, 1991 XI. CONSENT AGENDA D. cc: Finance, Hgmt Serv. RecfPks, Util. 4 101. ALLIED LIME Blanket P.O. #85951 - Pebble Quick Lime for Water Plant. Pay from Water & Sewer Rev---401-332-5-365-00 BOCA TIRE COMPANY Blanket P.O. #85957 - Tires needed to repair & maintain vehicles. Pay from General Fund---001-193-5-322-00 THE CENTER FOR FAMILY SERVICES Employee assistance program for month of July. Pay from General Fund---001-135-5-482-00 JOHN A. DACY & ASSOCIATES, INC. 6 Apco Valves for master pump stations #316 & #319. Pay from Utility Capital Improve.---404-352-5-642-00 Bid #026-401-90, Commission approved 2/20/90 DAVIS WATER & WASTE INDUSTRIES, INC. Blanket P.O. #85970 - Air Scrubber rental for Odor Control Program. Pay from Water & Sewer Rev---401-352-5-499-00 EASTERN AUTO BODY & GLASS Repairs to vehicle #415 due to accident of 5/29/91. Pay from Self Insurance Fund---622-195-5-440-01 "Best of 2 quotes" ELKINS CONSTRUCTORS, INC. Blanket P.O. #84255 - Est. #12 - Improvements to B.B. East Water Treatment Plant for period 5/16/91 to 6/15/91. Pay from Utility Capital Improve.---404-000-0-690-10 Per bid 4/3/90, Commission approved 4/17/90 GEE & JENSON ENGINEERS Blanket P.O. #86324 New Recreation Center - Inv. 29251 for period 4/27/91 thru 5/31/91. Pay from Public Svs. Tax Constr.---301-721-5-463-05 Commission approved 12/4/90 GEOTEC INC. Boynton Beach Landfill semi-annual & quarterly analysis. Pay from Sanitation Fund---431-341-5-962-00 INSITUFORM SOUTHEAST, INC. To restore existing sewers @ Rainbow Lakes, Leisure Lakes and N.E. 22nd. Ave. Pay from Water Depositors Fund---421-000-0-691-21 Commission approved 5/7/91 $ 6,858.87 2,795.00 1,203.35 22,128.00 3,000.00 3,177.09 105,195.14 1,537.25 5,940.00 47,594.55 JUL 16 ]991 Ah-'-~..~.. V/~ L 11. 12. 13. 14. 15. 16. 18. IBM CORPORATION 1 Terminal w/122 Keyboard for Utilities Supervisor. Pay from Water & Sewer Rev---401-334-5-670-02 1,224.00 JOSIAS & GOREN, P.A. 24,134.08 Statement for general services June, 1991 - $6613.10; City vs. Mrotek - $6479.83; City vs. Love - $80.00; Purchase from Rose - $41.05; City vs. Overington - $100.00; City vs. McClam - $170.00; City vs. Nixon - $140.00; Boynton Beach Lakes, Ltd., - $1999.45; Las Palmas - $180.00; Hamilton Civ. Service Matter - $291.40; City vs. Stumnit Associates, Inc. - $990.20; Communi- ty Dev. District - $2635.00; City vs. Knowles - $200.00; City vs. Ind. One Mtg. - $160.00; City vs. Parker - $110.00; City vs. Ross - $300.00; City vs. Fine Line Striping, Inc. - $253.35; Tradewinds Dev. Corp. - $1901.40; City vs. Cook Const. - $220.00; DCA Comp. Plan - $210.00; Miller Meier Arb. $60.00; Chimienti - $90.00; Purchase from Moore - $7.30. Pay from General Ftund---001-141-5-461-00 KRUSE, O'CONNOR AND LING, INC. October 1, 1990 Actuarial Valuation Report - $5684.00 and Individual Benefit Statement each member - $676.00. Pay from Police Pension Fund---612-138-5-229-00 6,360.00 MARTIN'S LAMAR Uniforms for Fire Department. Pay from General Fund---001-221-5-397-00 "Co-op Bid" 7,927.90 MARIO FERAZZOLI & SON INC. Labor and materials to remove floor covering from Tennis Pro Shop and replace with tile. Pay from Public Svs. Tax Constr.---301-721-5-648-00 "Best of 3 quotes" 1,495.00 MEISNER ELECTRIC, INC. Blanket P.O. #87604 - Est. #2 - Generator for E. Water Treat- ment Plant. Pay from Utility Capital Improve.---404-000-0-690-10 Commission approved 4/2/91 7,383.00 MERRILL LYNCH ASSET MANAGEMENT INC. Asset Management Fee for period 9/30/90 - 3/30/91. Pay from Police Pension Fund---612-138-5-468-00 11,906.06 MIAMI HERALD Legal ads for 10/20/90 and 10/21/90. Pay from General Fund---001-122-5-475-00 1,203.65 COMMISSION JUL !6 1991 APPROVAL 19. 20. 21. 22. PARA SYSTEMS, INC. 5 UPS-MM300ss/1 for uninterruptable power supply system to be used for computers in Utilities. Pay from Water & Sewer Rev---401-332-5-670-02 Commission approved 6/4/91 P.R.I.D.E. OF FLORIDA Blanket P.O. #85997 - items needed for vehicle repair and maintenance. Pay from Vehicle Service Fund---501-193-5-322-00 SAN BERNARDINO COUNTY Annual membership fees for Western Region Item Bank(for exams) for period 7/1/91 thru 6/30/92. Pay from General Fund---001-135-5-395-00 SCE, INC. Payment #10 - Odor Abatement System - Aeration Covers, Effluent Pumping Station Expansion and Electrical Building Project for period 5/23/91 thru 6/20/91. Pay from 1990 Constr. Fund---409-000-0-691-20 SEALAND CONTRACTORS, INC. Payment #5 - Rolling Green Park - $23,868.22 Payment #6 - Ezell Hester Park - $147,519.99 Pay from Public Sv. Tax Constr. Fund. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User charges for month of May, 1991 - 147,823.42 Inv. #415, 418, 420 and 422 for Odor Abatement - 33,918.32 Pay from Water & Sewer Rev---401-353-5-490-09 Pay from 1990 Constr. Fund---409-000-0-691-20 2,254.00 1,530.38 1,500.00 113,010.22 171,388.21 181,741.74 STANLEY CONSULTANTS OF FLORIDA, INC. Payment #2 - Engineering Services - West WTP Construction Management Engineering Services from 3/31/91 thru 6/1/91. Pay from 1990 Constr. Fund---409-000-0-690-10 26. 271. 9,439.00 TARE LAWN MAINTENANCE Blanket P.O. #87740 - Payment #2 - Landscape Maintenance Services in accordance with bid specifications. Pay from General Fund---001-722-5-430-15 Per bid 3/20/91, Commission approved 4/16/91 4,085.00 UNIVERSAL SIGNS & ACCESSORIES 75 Galvanized Posts and accessories for Roads & Streets. Pay from General Fund---001-411-5-348-00 "Best of 2 quotes" 1,099.00 OSCAR VAGI & ASSOCIATES ARCHITECTS, INC. 11,893.00 Inv. #1503 dated 6/18/91 for Ezell Hester Park and Rolling Green Park Phase II. COMMISSION Pay from Public Svs. Tax Constr.---301-721-5-634-01 $2973.25 " " " " " " 301-721-5-640-30 $8919.75 JUL 16 1991 APPROVAL 29. 30. YOUNGQUIST BROTHERS, INC. Blanket P.O. #87091 - Est. #3 - Deep Injection Well Disposal System. Pay from 1990 Constr. Fund---409-000-0-690-10 Per bid 2/16/91, Commission approved 2/5/91 RITZ SAFETY EQUIPMENT Safety Shoes for employees in Building Dept.,Utilities, Golf Course and Public Works. Pay from various funds. 231,336.00 9,150.30 These bills have been approved and verified by the department heads involved, checked and approved for payment. I therefore recommend payment of these bills. [cott Mil~, City Manager COMMISSION JUL ! 6 ]991. APPROVAL V(I~V ~I~SNOD · IX ~Oi ~ OOZ~ ~e ~m C zo mo: z:~m~. m¢~OO.OOOOOOO~Omm~> ~'~ZZZZZ~ ~~Z .I}CJ ~.m ~.Z · 'X. ~,, ,,15 "r' .:I: 000;00~o0~.00000 O0~o00iO~ooo000000 0oo0oooo000ooo ~Omn~ m~z ~m~ ~mm~ ~Z m O~r- x 0 0 0,0 0 zzzz~m x~m~z z~:' mzo~ ~ omz m .,4 m r=' 3~,0 ~ · 0 'Ca .2 ,fl. ~m C: ':IE ~-~ C"~ ~ 'p,..-I "ft · ~ Zmrnr"~mO --IzmO $ .4 Z *z ~.m ~r- *o ~m ,~,rn I* .It, m oo o z 0 rtl m