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Minutes 07-02-91 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 2, 1991 AT 7:00 P.M. PRESENT J. Scott Miller, City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk Arline Weiner, Mayor Edward Harmening, Vice Mayor Jose Aguila, Commissioner Lillian Artis, Commissioner Lynne Matson, Commissioner CALL TO ORDER, MOMENT OF SILENT PRAYER, PLEDGE OF ALLEGIANCE Mayor Weiner called the meeting to order at 7:03 p.m. After a moment of silent prayer, the Pledge of Allegiance to the Flag was led by Vice Mayor Harmening. AGENDA APPROVAL 1. Additions, Deletions, Corrections Commissioner Artis asked for an update on the policy regarding noise abatement. This Will be added under "NEW BUSINESS", Item "C". Commissioner Artis requested an update on City policy regarding permits to use County property within the City. Scott Miller asked that two items be DELETED: Under I-F-2 - "Distinguished Budget Presentation Award FY 90/91", he asked that this item be held until the next meeting because several of the indi- viduals involved are on vacation. Under VII-C, "Authorization to Bid Towing Service for the City of Boynton Beach, the contracts were not completed until late this afternoon. He will supply the Commission with copies for their review and put this item on the next Commission meeting. He asked that a bill be added under XI-E, "Approval of Bills" regarding the National Child Safety Council literature for our D.A.R.E. Program. e Mayor Weiner requested a report on the Health Fair be added under "Administrative", "H". Ad opt i on Vice Mayor Harmening moved to adopt the agenda which was seconded by Commissioner Matson. The motion carried 5-0. 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 ANNOUNCEMENTS Mayor Weiner announced that there is no public participation on the first reading of an Ordinance; however, anyone wishing to address the Commission regarding the first reading of an Ordinance, may do so during the Public Audience segment of the Agenda. 1. Fireworks Display - Thursday, July 4th - Boat Ramp Park There will be a fireworks display at Boat Ramp Park. The festivities will begin at 1:00 p.m. with the fire works display at 9:00 p.m. There will be music, games and food concessions. PRESENTATIONS 1. Employee of the Month - June, 1991 Scott Miller and Mayor Weiner awarded Susanne Berman of the Building Department, Code Enforcement Division, with the Employee of the Month Award for June, 1991, for her outstanding contributions to her Department and service to the public. 2. Distinguished Budget Presentation Award FY 90/91 HELD UNTIL THE NEXT COMMISSION MEETING. 3. Slogan Contest Scott Miller and Mayor Weiner recognized Debbie Sintow with the award of a Certificate of Appreciation and a $25 Savings Bond for her submittal of the winning entry in the Slogan Contest. The slogan she submitted was one of eighty submitted by approximately twenty-five to thirty employees. The winning slogan is "Our Business is Our People". This slogan will be used on posters and pins to promote our public service campaign. BIDS Demolition and clearing of unoccupied, substandard buildinq structures in the community redevelopment area Scott Miller described the bids for this demolition. The Commission was given a bid tabulation sheet to review. Nine are adversarial demolitions. The County Housing and Community Development will not demolish structures unless approval is obtained from the property owners. Many of the owners involved in the adversarial 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 demolitions do not wish to give permission to have the structures demolished and the lots cleared. These are vacant, substandard structures. They have been before the Board of Adjustment and Appeals and the owners have been given their due rights. Some of these structures have been vacant for many years and the City must take positive action to clean up these areas. Mr. Miller proposed that the City award the bids as pre- sented and if the County razes the structures, the City will not have to pay to have them razed. There are nine structures on the list which the City does not have the property owner approval to raze. These are the ones we would like to raze and clear the lots at this time. The cost will be assessed to the property owner. If the owner decides not to pay, a lien will be filed. If the lien is not paid, the City can then foreclose which would provide the lots to the City for its In-Fill Housing Program Commissioner Artis questioned the cost to the homeowner. Mr. Miller advised that the cost is between $1,800 and $3,000. One listing on the sheet appears as $7,775 because it is actually two structures. These figures include the demolition, clearing and hauling away. Mr. Miller advised that the owners can set up a payment plan. The costs need not be paid all at one time. Commissioner Matson mentioned the problem between the County and EPA regarding asbestos. Mr. Miller stated that when these are awarded, the City will have to go through the asbestos abatement on each one. Vice Mayor Harmening suggested that if there are four or more units, an asbestos survey is not necessary. After a question from Commissioner Aguila, Mr. Miller clarified that the price covers a group contract. Commissioner Aguila wanted to know whether it would cost the City additional dollars if the City must do the other six structures. There will be no additional cost and the contract is good for one year for these struc- tures. Mr. Don Jaeger clarified that four of the structures would be under the asbestos abatement program. The remainder are exempt because they are single-family. " .less units." 3 *should read, .. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 Mot i on Vice Mayor Harmening moved to award the demolition to the low bidder, P&M Trucking of West Palm Beach. The motion was seconded by Commissioner Aguila and carried 5-0. PUBLIC HEARING None PUBLIC AUDIENCE Mr. Dan Boyar, 712 SW 3rd Avenue, spoke about the problem of nighttime lighting in the City; specifically, the lighting on Congress Avenue. Mr. Boyar is a member of the International Dark Sky Association. He read from an infor- mation sheet titled, "We All Need Good Outdoor Nighttime Lighting". This article suggested ways to save money and energy through proper lighting. Mr. Boyar stated that the light from the street lights is misdirected throughout the City of Boynton Beach. It produ- ces glare which decreases nighttime vision. It is a safety haizard and a waste of energy. He requested the City to con- tact FPL to adjust or shield the light downward onto the ground. Mayor Weiner asked Scott Miller to contact FPL to see if the lights can be redirected. Commissioner Aguila suggested that Mr. Boyar also contact FPL to make his case. Mr. Ed Deutsch, of Quantum Corporate Park, informed the Commission that most of his team was present in the audience and could be questioned if necessary. He also complimented the staff for their cooperation and background work and completeness of all factors. Mr. Thomas F. Corcoran, of 215 SW 3rd Street, had questions regarding the CDD proposal. He is concerne~ with turning over 143 acres to a developer where the taxes would not go to the City any longer. He questioned what input the com- munity would have. He wanted to know if the CDD could expand without the approval of the City. He stated that he would like for them to succeed, but he wants safeguards. Mr. Bob Taylor, Vice President of Finance for Bethesda Memorial Hospital and Bethesda Health Care Corporation located at 2815 South Seacrest Boulevard, spoke in favor of the proposed CDD. He expressed the strong support of Bethesda Memorial and Bethesda Health Care Corporation for the CDD and the passage of the Ordinance. Commissioner Matson asked the Assistant City Manager, Carrie Parker, to respond to Mr. Corcoran's questions. Regarding 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 the issue of taxes on the CDD, a correction is necessary in the memor a ndum. The ta xes shown a re for the ent i re City/County School Board. The City taxes are approximately $1,800. The School Boa rd and the County will lose their portions. With regard to whether or not the CDD can expand, the outer boundaries are set, but the CDD can purchase addi- tional properties within the boundaries. With regard to the governing body which will be appointed by the owners, she clarified that this will be set up much like the City's, so that the property owners within the District would elect the governing body of the CDD. Attorney Cherof expanded on Ms. Parker's answer. The Statute provides that the District can expand or contract in size, but this is the same procedure being used except that the petitioner becomes the District Board itself as opposed to the developer. This is still processed by the City. Ms. Doris Pastl, who owns a business at 639 E. Ocean Avenue, represented the Boynton Beach Chamber of Commerce. The Chamber strongly supports Quantum Corporate Park and the CDD. Mr. Harry Marcus, of 650 Horizons East, Boynton Beach, called to the Commission's attention the fact that the amount of money involved in this project begins with a $60 million debt which is owed by Quantum to Chase Manhattan Bank for which they have a mortgage. If the CDD is approved, they propose to float a revenue bond in excess of $45 million. Based on this, they would not get the full amount of $45 million because of expenses. They probably would also offer some discounts. They may receive approxi- mately $40 million. Approximately $10 million would come off this amount as a~ reserve for the payment of interest and principal for a period of two years for this issue. The balance would then probably go to Chase Manhattan Bank in the amount of approximately $32 million. The liability of Quantum, or whoever the property owners are, would be approximately $30 million. They will owe to the District, in the nature of future assessments, $45 million. The debt will be increased from $60 million to $75 million. This factor should be considered with respect to liability. Commissioner Matson asked a representative of Quantum COrporate Park to respond to Mr. Marcus. Mr. Hank Fishkind, of 122424 Research Parkway, Orlando, Florida, responded on behalf of Quantum. He said that Mr. Marcus is essentially correct. The total aggregate debt would go up. That is, the design is to spread out the debt service payments to be able to reduce the capital cost of the land. The way to do this is to take out the tax exempt MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 bonds, pay down .the mortgage and stretch out the payments over twenty years. This is what allows Quantum to have a reduction in the price of the land which is the ultimate goal. They want to make Quantum Corporate Park competitive in its corporate market. This is the purpose of this exer- cise and in his opinion, they will succeed in doing this at approximately $2.50 per square foot to those who buy in. WITH NO FURTHER QUESTIONS OR STATEMENTS, THE PUBLIC AUDIENCE WAS CLOSED. DEVELOPMENT PLANS ao Site plan time extension - Long Warehouse and Light Industrial Complex (Northwest corner of Congress Avenue and SW 30th Avenue) Mr. Chris Cutro explained that Mr. Douglas F. Long is requesting the City Commission to grant a six-month extension to this site plan. The request was received prior to the expiration date. There are no concurrency issues involved. The Planning Department has no objec- tion to a six-month extension. Scott Miller pointed out that there are legal areas that need to be explained. The Code does not provide for an extension of site plans. This has been done previously; however, the Code specifically states that if the building permit has been issued and construction not commenced within one year from the date of approval by the City Commission, the approval of the site plan by the Commission shall terminate and become null and void. Mot i on Vice Mayor Harmening moved to deny the extension. Discussion ensued regarding whether a motion was necessary. Commissioner Aguila asked whether Mr. Long has made any progress on the site. Mr. Don Jaeger responded that no plans have been filed for a building permit and the plans have not as yet been rectified through the site plan process. Commissioner Artis seconded the motion which carried 5-0. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 091-40 RE: Rezone Planning Area 1.a from R-1AA (Single Family Residential) to R-lA (Single Family Residential) 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 (Lots in the Lakeside Gardens Subdivision, south and east of Dimick Road) Attorney Cherof read Proposed Ordinance No. 091-40 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 R-1AA (SINGLE FAMILY RESIDENTIAL) TO R-lA, (SINGLE-FAMILY RESIDENTIAL); PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE." Mr. Cutro explained the staff report. There was discussion at the Planning and Zoning Board Meeting regarding the R-1AA and the R-lA zoning. This information was provided to the Commission. The properties involved will not be substan- tially affected by the change of zone. Most of them will meet the R-1AA or the R-lA; however, some will not meet either of these categories. The Planning and Zoning Board recommends denial of this rezoning and recommended a text change be initiated by the City Commission. Mr. Mike Mrotek, of 2624 Lake Drive North, Lakeside Gardens, appeared before the Planning and Zoning Board Meeting to discuss this rezoning. They found the argument satisfactory and denied the proposal. He explained that the lots on the north side of Dimick Road are not in the proposed rezoning proposal. Also the rezoning from R-1AA to R-lA is a ploy. The land being rezoned is built up with the exception of two 50' wide pieces of property. Even reducing this to R-lA does not put those lots within the structure of the land usage permitted. Mr. Mrotek presented a letter and a petition which included the people present in the audience and those unable to attend the meeting, showing their opposition to the rezoning. Mr. Mrotek requested the Commission to deny the proposal to rezone. Mayor Weiner asked Mr. Cutro about the land north of Dimick. Mr. Cutro stated that this land is not part of this request. He further stated that there are a series of recommendations that say land usage should be construed as if certain pro- posals are made. This is the first time he has ever seen a plan laid out like this. The Planning Department will be dealing with these individually in the future asking for authority to go ahead and remove some or change them into policies within the Plan. He is quite uncomfortable with them. Separate notifications will be sent on each of them. 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 A woman in the audience stated that most of the community had not received notices of the Planning and Zoning Meeting or the City Commission Meeting and wanted to know why. As far as the Planning Department was concerned, everyone had been notified. There could be gaps in the tax records. He suggested Mr. Mrotek get together with him and all of the records for the community will be reviewed and updated. He apologized for any oversights. According to Mr. Cutro, when the Comprehensive Plan was ori- ginally done, notifications were not sent out. A newspaper notification was used. Commissioner Aguila said that when the Comprehensive Plan was adjusted, a series of things were dealt with by notification through the newspaper. This is what the law required at the time. The City was affected as a whole and it was cost prohibitive to notify each homeowner by certified mail. Mr. Cutro will use the petition sub- mitted to adjust records. Mot i on Commissioner Matson moved to deny the rezoning and delete the recommendation in Planning Area 1.a of the 1989 Comprehensive Plan. The motion was seconded by Vice Mayor Harmening. The vote was polled: Commissioner Matson - Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Aguila - Aye Commissioner Artis - Aye The motion carried 5-0. Proposed Ordinance No. 091-41 RE: Rezone Planning Area 1.b from R-3 (Multi-Family Residential) to C-2 (Neighborhood Commercial) (Lot on the south side of NE 21st Ave (alley), west of the FEC tracks) Attorney Cherof read proposed Ordinance No. 091-41 by title only: "AN ORDINANCE OF THE CITY COMMISSI°N OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-3 (MULTI-FAMILY RESIDENTIAL) TO C-2 (NEIGHBORHOOD COMMERCIAL; PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY: AND AN EFFECTIVE DATE." 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 Mr. Cutro stated that at the present time, there is a veterinary clinic on this site. The owners will remain. The Planning and Zoning Board unanimously recommended appro- val. Motion Commissioner Aguila moved to approve Proposed Ordinance No. 091-41 on the second reading. The motion was seconded by ViCe Mayor Harmening. The vote was polled: Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Aye The motion carried unanimously. Proposed Ordinance No. 091-42 RE: Rezone Planning Area 1.d from C-3 (Community Commercial) and R-3 (Multi-Family Residential) to REC (Recreation) (Lots immediately north of Watersedge Condominium, between US ~1 and the Intracoastal Waterway) Attorney Cherof read proposed Ordinance No. 091-42 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) AND R-3 (MULTI-FAMILY RESIDENTIAL) 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." Mr. Cutro explained this parcel is north of the Watersedge Condominimum which the City owns. This will be used as a park. The Planning and Zoning Board recommends approval. Motion Commissioner Matson moved to approve Proposed Ordinance No. 091-42 on the second reading. The motion was seconded by Commissioner Aguila. The vote was polled: 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA Vice Mayor Harmening - Aye Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Aye Mayor Weiner - Aye The motion carried 5-0. JULY 2, 1991 e Proposed Ordinance No. 091-43 RE: Rezone Planning Area 1.f from C-3 (Community Commercial) t~o R-3 (Multi-Family Residential) (Lots to the east and northeast of the Inlet Plaza, north and south of Oak Street) Attorney Cherof read proposed Ordinance No. 091-43 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 R-3 (MULTI-FAMILY RESIDENTIAL) LIMITED TO 2-STORY BUILDINGS; PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE." Mr. Cutro stated that the Planning Department and the Planning and Zoning Board recommends approval of this Ordinance. However, he wanted the Commission to know that he feels in some cases, care must be used in eliminating the depth of the Commercial on Federal Highway. There are non- conforming buildings there and if the City expects them to conform, they have to be given some land which they can con- vert either into parking or additional building. Mot i on Commissioner Aguila moved to approve Ordinance 091-43 on the second reading. Commissioner Artis seconded the motion. A vote was polled: Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Nay Mayor Weiner - Aye Vice Mayor Harmening - Aye The motion carried 4-1. dissenting vote. Commissioner Matson cast the Proposed Ordinance No. 091-44 RE: Rezone Planning Area 1.g from C-3 (Community Commercial) 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 to R-3 (Multi-Family Residential) (Lot lying on the south side of Lake Street, between Berna rd' s Restaurant and Via Lago Condominium) Attorney Cherof read proposed Ordinance No. 091-44 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 R-3 (MULTI-FAMILY RESIDENTIAL) LIMITED TO 2-STORY BUILDINGS; PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE." Mr. Cutro explained the request for rezoning. The Planning and Zoning Board recommends denial and suggested that the City initiate a land use amendment back to Local Retail Commercial and a text amendment to delete the recommen- dation. It is important to keep the C-3 zoning on this par- cel because Bernard's is planning to expand. Also, the owner of Via Lago has indicated that he will not need that piece of property. This now will allow a buffer. Warren Beyer, Attorney for Mr. & Mrs. Perron, of 2000 Glades Road, Boca Raton, appeared to speak against the Ordinance. The property in question provides a buffer along Federal Highway and the residential areas behind it. He urged the Commissioners to reject this Ordinance. Mot i on Commissioner Matson moved to deny Ordinance No. 091-44 and to prepare a text amendment to delete the recommendation in Planning Area 1.g of the 1989 Comprehensive Plan. The motion was seconded by Commissioner Aguila. The vote was polled: Commissioner Artis - Aye Commissioner Ma tson - Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Aguila - Aye The motion carried 5-0. Proposed Ordinance No. 091-45 RE: Rezone Planning Area 1.h from C-3 (Community Commercial) and R-1AA (Single-Family Residential) to R-3 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 (Multi-Family Residential) (Lots on the east side) of US 1, lying between Bernard's Restaurant and Yachtman's Cove Subdivision including Seaview Trailer Park) Attorney Cherof read proposed Ordinance No. 091-45 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) AND R-1AA (SINGLE FAMILY RESIDENTIAL) TO R-3 (MULTI-FAMILY RESIDENTIAL) SUBJECT TO THE SETBACK REQUIREMENTS IN THE COASTAL MANAGEMENT ELEMENT; PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE." Mr. Cutro explained that this property is on the south side of Benvenuto's Restaurant and includes the Seaview Trailer Park. The Planning and Zoning Board unanimously recommended denial of this proposal. The recommendation was based on the assumption that there would be an assembly of land. These parcels are split up and there are legal complica- tions. Most likely, this land will never be assembled. The trailer park is in an irrevocable trust and switching it to R-3 gives the owner no advantage. The R-3 is up against a single-family neighborhood to the south. Allowing this R-3 even at only 2-story, could affect the land value on the single-family side. For all of these reasons, the Planning and Zoning Board recommended denial. Staff agrees. He requested authorization to initiate a land use amendment back to Local Retail Commercial and Low-Density Residential and a text amendment. Mr. Cutro asked for direction from the City Commission to design a trailer district. Commissioner Aguila would like to tackle that at another time. Motion Commissioner Aguila moved to deny Ordinance No. 091-45 on the second reading. This motion was seconded by Commissioner Matson. The vote was polled: Commissioner Ma tson - Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Aguila - Aye Commissioner Artis - Aye The motion carried 5-0. 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 Proposed Ordinance No. 091-46 RE: Rezone Planning Area 1.i from C-2 (Neighborhood Commercial) to C-3 (Community Commercial) (Parcels on the west side of the FEC tracks, between NE 15th Avenue and the Boynton Canal) Attorney Cherof read proposed Ordinance No. 091-46 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-2 (NEIGHBORHOOD COMMERCIAL) TO C-3 (COMMUNITY COMMERCIAL), LIMITED TO 2-STORY BUILDINGS; PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE." Mr. Cutro explained that this is a large vacant parcel of land on the west side of the FEC tracks between N.E. 15th and the Boynton Canal. The Planning and Zoning Board unani- mously recommended approval. Vice Mayor Harmening was advised that a church is being built west of this site. Mot i on Commissioner Matson moved to approve Ordinance No. 091-46 on the second reading. Commissioner Aguila seconded the motion. A vote was polled: Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Agui la - Aye Commissioner Artis - Aye Commissioner Ma tson - Aye The motion carried 5-0. Proposed Ordinance No. 091-47 RE: Submitting to referendum an amendment to Section 17 of the City Charter entitled "Composition, Election, Terms, Vacancies" providing for the requirement of a one year residency prior to filing for elected office Attorney Cherof read proposed Ordinance No. 091-47 by title only: 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO SECTION 17 OF THE CITY CHARTER ENTITLED "COMPOSITION, ELECTION, TERMS, VACANCIES." TO PROVIDE FOR A ONE (1) YEAR RESIDENCY REQUIREMENT FOR CANDIDATES OR APPOINTEES TO THE OFFICE OF CITY COMMISSION MEMBER OR MAYOR; PROVIDING FOR FORM OF A QUESTION TO BE PRESENTED AT THE REFERENDUM ELECTION; PROVIDING FOR EXPLANATORY LANGUAGE FOR THE REFERENDUM; PROVIDING FOR NOTICE OF ADVERTISEMENT TO SAID REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES AND THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND THE STATE OF FLORIDA ELECTION CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Mot i on Commissioner Aguila moved to approve Ordinance No. 091-47 on the second reading. The motion was seconded by Commissioner Matson. A vote was polled: Vice Mayor Harmening - Aye Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Ma tson - Aye Mayor Weiner - Aye The motion carried 5-0. B. Ordinances - 1st Reading: Proposed Ordinance No. 091-48 Community Development District Corporate Park RE: Creation of a - (CDD) - Quantum Attorney Cherof read proposed Ordinance No. 091-48 on the first reading 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." Attorney Cherof stated that if this Ordinance is to be approved, several corrections need to be made: 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 On the top of Page 2, Paragraph 3, three lines down, change to read, "inter-related community". e On Page 3, Section 3, two lines down, the word "general" should be deleted and the citation following Florida Statutes should read 190.011 and 190. 012. ( Only Attorney Cher of ' s copy read incorrectly. ) e On Page 1, in the fourth "WI~EREAS" clause, the second line should read, "...Section 109.005(1)(e), Florida Statutes, and the comments and reports pre- sented at public hearing...". Commissioner Aguila discussed with the Commission the fact that the people at Quantum would not be opposed to the City appointing two of the five individuals who will sit on the Board of Supervisors. He would like the Commission to study this possibility. Mayor Weiner questioned the length of the service period on this Board. After some discussion, a time period of ninety days was proven to be the number. Mr. Deutsch addressed the Commission stating that Quantum agrees that whenever the Board changes, two members would be appointed by the City. Mayor Weiner stated that Mr. Deutsch could not make such a guarantee because when all parcels are sold, Quantum will no longer have control. He stated that he would have to check the legality of such a guarantee. Attorney Cherof did not think it was possible for Mr. Deutsch to make such a pro- mise. Mot i on For the sake of keeping this alive a little longer, Commissioner Aguila moved to approve this Ordinance on the first reading. Commissioner Matson seconded the motion. Discussion ensued. SCott Miller had comments relative to the CDD. He feels policy decisions need to be made. The policy decisions are: 1) being the creation of another governmental entity within the corporate limits of the City; and 2) providing access to taxes and finances to assist private development. These two issues are administrative policy decisions. The Commissioners will have to make these decisions. Mr. Miller reviewed all of the material. He is satisfied that the CDD concept will not harm the City. He stated that there would be no control of future Commissions. A new Commission could decide to take this over. W~en he looks at the facts and figures at this time, he does not believe the 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 creation of the CDD and implementation of the financing vehicle proposed will accomplish the objective that Quantum Corporate Park wants. He doesn't believe this can happen. Mayor Weiner pointed out to the Commission that she doesn't see the point of "keeping this alive". Quantum has had a public hearing, a public workshop and a public audience. They have submitted a mound of reports that have been read and reviewed by staff. "Keeping this alive" may just be leading the developer on. This is unfair to all parties involved. This should be voted on up or down, not for the purpose of keeping it alive. Commissioner Aguila clarified that he does not want to lead the developer on. He is trying to find a way of making this work. The economy of Boynton Beach needs a boost. He is hopeful that he can be convinced within the next two weeks. If he had to vote tonight for the final time, he would vote against the Ordinance. He is not convinced today that this can work. He is hopeful that this is the kind of creative boost that is necessary to get this project going. He wants to be sure this is the right thing to do. This is the reason for the motion he made. Vice Mayor Harmening stated that in the securities business, there is a smell test, and this does not pass the smell test. Mayor Weiner stated that the Commission was given a petition with six articles which the City must approve. First of all, all statements contained within the petition are true and correct. As regards the actual construction costs of the infrastructure and the soft costs related thereto, staff reports that the actual copies of invoices were submitted for some of the costs, although not for all. This is just the beginning of what we can verify is true. She continued stating that the petition sets forth a con- cern, "whether Quantum CDD will be a financially viable entity and will it have sufficient revenues for operating and maintaining its infrastructure." The current tax rolls show the owner of all the property within the proposed District to be Deutsch, Ireland, Melvin Simon and Associates partnership. Because the partnership is the only property owner in the proposed District, they will be responsible for the annual debt service payment of the District and will provide the sole source of revenue for the District until various parcels are sold to various businesses. The finan- cial strength of the partnership is a vital concern regarding the ability to pay debt service in the financial design of the District. Therefore, a request was made to 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 review the financial statements of the partnership and Quantum Associates. The petitioners were very cooperative with City Staff in providing the City's external Auditor, Ernst and Young, along with City staff, various financial documents to review. Melvin Simon and Associates provided a complied financial statement as of 12/31/90. Mr. Ireland's statement was dated 3/01/90 and Edward Deutsch's financial statement was dated as of 6/30/90. Mr. Ireland's and Quantum's statement were individually prepared by the par- ties themselves and two of the statements had no outside verification, but an independent Certified Public Account had attached his compilation report. Due to the unaudited nature of the statements, no verification as to the accuracy of their financial statements could be provided to the City Commission other than the bank documentation. Mayor Weiner stated that Ernst and Young looked over the information that was provided by Quantum. She met with Paul Bremer, the Accountant. He did not do a certified audit of the books and records of this Association. He did only a cursory examination. Mayor Weiner asked him if he could make a recommendation based on the examination he did. He could not make a statement to the Commission as to the truth and accuracy of the statements. Mayor Weiner cannot say that all the statements are true and accurate. The staff report says, "in summary, the petitioners have financial resources. However, there are no financial guarantees that can be provided to the City Commission by staff regarding the success or failure of this project." It is Mayor Weiner's feeling that if staff cannot guarantee it with all of their information, she would not guarantee it either. She stated that the City is also supposed to attest that the land area in the proposed District is of sufficient size, sufficiently compact, and sufficiently contiguous to be developable as one functional related community. She stated that size, compact and contiguous are easy. Sufficiently is a word that lawyers put in to make more work for other lawyers. There is no way the City Commission can determine whether the land in Quantum Park which is left is suf- ficiently contiguous. The word sufficiently will have to be ruled upon by a higher authority than this Commission. However, it will not get to a higher authority unless this Commission signs off on this petition. She is not willing to sign off on this petition because the Commission can sign off, the State can deny the petition and the City will remain with a CDD with no funding ability. 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 Mayor Weiner continued with Section 4 wherein it states that the creation of the District is the best alternative available for delivering the community development services and facilities to the Quantum Corporate Park. In her opi- nion, the property owners association now delivers every service to the Park. However, it cannot issue bonds. Mayor Weiner also stated that the petition sets forth various costs and benefits in establishing the CDD to enti- ties involved based on various assumptions. One cost that was not listed under the City section is the impact of transferring the property to district ownership. The District is proposing to acquire approximately 163 acres or approximately 28% of the total land area of 54 acres to be covered by the District. Since the District will be a governmental entity, the property under District would be exempt from City ad valorem taxes. The number included in the staff report for ad valorem taxes is $6,618 which has been changed to $1,800. Mayor Weiner feels that giving up advalorem taxes is a very dangerous precedent. She stated that she was not elected to give up advalorem taxes on land within the City limits. She will not sign off on this. The petitioner submitted two economic reports stating the impact of the sales and provided two absorption schedules utilizing various assumptions including reduced land prices. The two reports used different absorption rates and assump- tions to reach the same conclusion: that is, that reduced land prices will accelerate the sale of property within the proposed District. No staff comment was offered as these are projections which may or may not occur depending on the overall economic conditions and the validity of the various assumptions. Mayor Weiner agrees with remarks by staff. Quantum Park is subject to the same economic conditions as the rest of us. When times change and the economy picks up, so will Quantum Park. She is not convinced that Quantum is helping by reducing the land cost up front. She is also not convinced that anyone who comes in to purchase property in the Park doesn't know that whatever comes off up front, will not be tacked on behind. If a purchaser will get $2.50 off per square foot up front, he must understand that he will be assessed for the amount of the bond issue plus interest. Someone will have to pay it off and those somebodies are the purchasers in the Park. Regarding policy decisions this Commission must make, Mayor Weiner stated that she is philosophically adverse to the Commission establishing a governmental entity within the City over which the City would have no control. The CDD would have the power to tax, assess and borrow without any limits placed on it. She also does not approve of providing 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 access to tax exempt financing to assist private develop- ment. In the future, other developers will look to the City to provide the same access to public funds that are proposed for Quantum Park. If a future Commission was to take over this CDD, the City would have to provide all the money and maintenance necessary for this takeover. For all of the reasons stated, Mayor Weiner will vote against this project. Mayor Weiner repeated that a motion had been made and seconded. A vote was polled: Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Aye Mayor Weiner - Nay Vice Mayor Harmening - Nay The motion carried 3-2. (Mayor Weiner and Vice Mayor Harmening cast the dissenting votes.) C. Resolutions: Proposed Resolution No. R91-98 RE: Request Palm Beach County Board of County Commissioners to change functional classification of Old Dixie Highway from County collector to City collector thus transferring jurisdiction from the County to the City ............... (Previously Tabled) Scott Miller asked that this remain on the table. No motion was necessary to keep this on the table until the next meeting. Commissioner Aguila questioned what is happening with this. Mr. Miller stated that it would be at the next Commission meeting. Proposed Resolution No. R91-107 RE: Contract for landscape architectural/engineering services bet- ween Wallace Roberts Todd (WRT) and the City of Boynton Beach reference park master plan for 10 acre Intracoastal site Attorney Cherof read R91-107 by title only: proposed Resolution No. "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND WALLACE ROBERTS & TODD, A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 Commissioner Aguila is concerned about the level of direc- tion we have given these people regarding their first phase. How will they determine their fees? Commissioner Aguila doesn't have a problem with the contract. Charlie~ Frederick responded to Commissioner Aguila's question. They are doing only the master planning. The actual design and construction drawings will not take place unless we authorize it. They are aware that there is no guarantee they will get that work. We are free to use another firm if we so choose, commissioner Aguila asked Mr. Frederick what we have told the design firms we would like to see. Basically, Commissioner Aguila was concerned about the fees. He had trouble understanding how they put together fees without really knowing where they are going with this pro- ject. Mr. Frederick explained that the fees are based on the number of hours staff puts into the program. A great deal of time is spent in communications between the Architect and the City, and the citizens. He explained that no preconceived ideas were given to them with regard to th!ese sites. Commissioner Aguila was concerned with the architectural firm coming back to the City at a later date for additional fees. Mr. Frederick pointed out that the number of sketches and concepts required by the City has been delineated in the scope of the Master Plan. Mot i on Commissioner Aguila moved to approve Resolution No. R91-107 which was seconded by Commissioner Matson. The motion carried 5-0. e Proposed Resolution No. R91-108 RE: Contract for landscape architectural/engineering services bet- ween Gee and Jenson and the City of Boynton Beach reference parks master plan for Boynton Lakes North site, Meadows (2) sites, and Quantum Park site Attorney Cherof read R91-108 by title only: proposed Resolution No. "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND GEE AND JENSON, INC.; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Motion Commissioner Aguila moved to approve Resolution No. R91-108 which was seconded by Commissioner Matson. Motion carried 5-0. 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 Proposed Resolution No. R91-109 RE: Request for Release of Bonds - J. F. Hoff Electric Motor Control Center Project at East Water Treatment Plant Attorney Cherof read proposed R91-109 by title only: Resolution No. "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING A PERFORMANCE AND PAYMENT BOND ISSUED BY REGENCY INSURANCE COMPANY FOR J. F. HOFF ELECTRIC COMPANY, INC., IN THE AMOUNT OF $283,980.00." Motion Vice Mayor Harmening moved to approve Resolution No. R91-109 which was seconded by Commissioner Artis. The motion carried 5-0. 5. Proposed Resolution No. R91-110 RE: Assessing the costs of abatement of certain nuisances against the owners of the property involved - lot moving Attorney Cherof read proposed Resolution No. R91-110 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTY INVOLVED, AND FOR OTHER PURPOSES." Mot i on Commissioner Artis moved to approve Resolution No. R-91-110 which was seconded by Vice Mayor Harmening. The motion carried 5-0. Proposed Resolution No. R91-111 RE: Contract for architectural services between Joseph Middlebrooks & Associates, Inc., and the City of Boynton Beach reference housing design improvements for the City's Infill Construction Program Attorney Cherof read proposed Resolution No. 91-111 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND JOSEPH 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 MIDDLEBROOKS & ASSOCIATES, INC.; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." City Attorney Cherof pointed out that there were several changes negotiated. There were changes in language and several paragraphs were deleted. Attorney Cherof has not received back that version. He requested that approval be subject to his review of the changes and his initialling of them. Commissioner Aguila referred to Johnnetta Broomfield's memorandum dated June 27, 1991. He asked for clarification of the section dealing with services and compensation. He wanted to be certain that the construction documents are enough to get a building permit from the City of Boynton Beach. Also, regarding Site Observation/Visits, Commissioner Aguila asked that the words "as requested by the City", be added next to the $60/hr/visit. In Article 1.3.3, Commissioner Aguila asked that the words, "at no additional cost", be added at the end. Johnnetta Broomfield Aguila's requests: stated that regarding Commissioner 1. the last item is at "no additional cost"; 2. the $60 per hour is at the City's request; and e there will be construction drawings, approved by the Building Department for construction. However, he pointed out that it does not say it on paper. Commissioner Aguila requested that four elevations be sub- mitted. He wants to see all four sides of every building. Vice Mayor Harmening pointed out that it says high effi- ciency air conditioning. He wants a specific number. Commissioner Aguila questioned the energy-efficient refri- gerator. He wanted the size clarified. Ms. Broomfield said this will be determined when they begin looking at the size of the house on the construction drawings. Commissioner Aguila advised her that this decision has nothing to do with the size of the room. It should be the program's decision. Regarding the automatic sprinkler system, Commissioner Aguila requested that wells and well water be used, not City water. He again pointed out that many of these are assumptions and he would like them clearly stated. 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 Attorney Cherof will incorporate all of these items. If there are any problems, rather than approve them he will bring them back to the next City Commission Meeting. Vice Mayor Ha rmening pointed out that "broom-finished" sidewalks, driveways, etc. lend themselves to a great deal of mildew. He feels that if this is going to be broom finished, it should be spelled out very meticulously as to how the city would like it done. Vice Mayor Harmening would prefer a trowel finish. At the CRA Meeting, Commissioner Aguila requested that Johnnetta Broomfield provide a copy of the drawings when they are ready for review. He also requested the specifications as well. Mot i on Commissioner Aguila moved to approve Resolution No. 91-111, with comments. The motion was seconded by Commissioner Matson and carried 5-0. e Proposed Resolution No. R91-112 RE: Supporting a funding option of the Pa lm Beach County Loca 1 Option Gas Tax Attorney Cherof read R91-112 by title only: proposed Resolution No. "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA SUPPORTING A FUNDING OPTION FOR THE PALM BEACH COUNTY LOCAL OPTION GAS TAX." Vice Mayor Harmening moved to accept Resolution No. R91-112 which was seconded by Commissioner Aguila. The motion carried 5-0. Be Proposed Resolution No. R91-113 RE: Thanking and commending Governor Lawton Chiles for his courage in vetoing Senate Bill 2000 concerning implementing unfunded mandates. Attorney Cherof read R91-113 by title only: proposed Resolution No. "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THANKING AND COMMENDING GOVERNOR LAWTON CHILES FOR HIS COURAGE IN VETOING SENATE BILL 2000 CONCERNING IMPLEMENTING UNFUNDED MANDATES." 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 Mayor Weiner explained that Governor Chiles should be com- mended for vetoing Senate Bill 2000. The Municipal League worked on this for two to three years. When it finally passed, the Legislature voted it down. Governor Chiles vetoed it. Motion Vice Mayor Harmening moved to approve Resolution No. R91-113 which was seconded by Commissioner Artis. The motion carried 5-0. e Proposed Resolution No. R91-114 RE: Endorsing the candidacy of the Honorable Clarence E. Anthony, Mayor of the City of South Bay, FL for the Office of Second Vice-President of the Florida League of Cities Attorney Cherof read R91-114 by title only: proposed Resolution No. "A RESOLUTION ENDORSING THE CANDIDACY OF THE HONORABLE CLARENCE E. ANTHONY, MAYOR OF THE CITY OF SOUTH BAY, FLORIDA FOR THE OFFICE OF SECOND VICE-PRESIDENT OF THE FLORIDA LEAGUE OF CITIES." Mayor Weiner stated that she has know Mayor Anthony for two years as a member of the Municipal League and he is always there, always contributing, punctual and conscientious member of the League and she highly recommends his can- didacy. Motion Commissioner Artis moved to approve Resolution No. R91-114 which was seconded by Commissioner Matson. The motion carried 5-0. D. Other: 1. Tradewinds - Depositions of City staff - legal representation Attorney Cherof referred to a memorandum which was pre- sented to the Commission regarding this topic. He explained that litigation is going on regarding a City employee and a developer in the City. He anticipates that depositions will be taken from several members of City administration. In light of the City's previous litigation with Tradewinds and the threat of future lawsuits involving Mr. Finizio, Attorney Cherof requested authorization to attend the depo- sitions when a City employee is subpoened. 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 Mot i on Vice Mayor Harmening moved to direct Attorney Cherof to attend such depositions when City employees or Commissioners request his presence, or he thinks it is necessary to be there. Commissioner Matson seconded the motion which carried 5-0. OLD BUSINESS Stanford Park - Request for consideration of a concep- tual change to Planned Unit Development (PUD) from ACLF to Elderly Condominium .............. (Previously Tabled) Be Scott Miller requested this stay on the Table. Main Street Program for the Downtown area (Community Redevelopment District) of the City of Boynton Beach Mr. Miller explained his memorandum. The application pro- cess is quite lengthy and he feels we don't have the time now to get this organized this year. However, the Main Street Program is built on four concepts that have a proven track record in cities throughout the United States, and if we decide to go with this program, there are several recom- mendations he will make. Messrs. Cai Cearley and Craig Grabeel attended the Main Street Program on the West Coast. Ca 1 Cearley, President of Prime Bank and Craig Grabeel approached the podium. They explained that the memorandum sub mitted covers most of the program. Commissioner Aguila sensed from the two facilitators from the Main Street Program, that the City didn't stand much of a chance getting any grant money from the Main Street Program. He then asked if our money and energy would be wasted if we couldn't get any grant money. Mr. Grabeel responded that this is not a grant program. It is primarily technical assistance. In conversations with the Main Street Coordinator, they are very enthusiastic about the level of interest that has been demonstrated. Until this year, the focus was on historical preservation. They concede that we don't have a lot of old buildings which is typical of Main Street. However, this year, under the new coor- dinator, Bob Prescott, they are attempting to expand the focus to include economic revitalization. Mr. Prescott is willing to support any city wanting to adopt the Main Street Program regardless of whether or not they are accepted. The city could draw on this resource. It is possible that only two cities are applying and they will be looking for a 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 third. He asked if they would approve an application that might not meet the criteria. Mr. Prescott was not sure, but pointed out that the a lot could hinge on the number of applicants. Mr. Cearley pointed out that the Workshop was very infor- mative and wished the Commission and CRAB had been in atten- dance. The nature of the program is quite detailed and the people present were very enthusiastic. There were many suc- cess stories. Some of the stories were from towns which are landlocked. They don't have the water like Boynton has. These landlocked towns were redeveloped. Mr. Cearley stated that Boynton Beach already has a CRA, a CRAB, TIF, design guidelines and a Downtown Business Association. Everything is in place. We need to focus and put someone in charge. They have all the materials to put together a Main Street Program. The Main Street people will help Boynton Beach regardless of whether or not we use program. Mr. Cearley and Mr. Grabeel recommended forming a 501(c)(3) corporation, which is a tax-free corporation. Contributions made to the corporation are tax deductible. They recommend that the CRAB be appointed as the initial Board of Directors of the Downtown Redevelopment Authority with the addition of two or three business people from the private sector. The TIF money is available. No money would have to come from the budget. They would need to hire a Downtown Coordinator. There is an experienced Coordinator available, known by Scott Miller. Mr. Cearley pointed out that this is not a quick-fix program. It takes about three years before anything hap- pens. He asked the City Commission for permission to go forward. Commissioner Aguila mentioned the 'fact that Mr. Cearley had been thrown out of some of the businesses and so he questioned Cal Cearley about his sense of the feeling in the downtown community. He feels that these individuals down- town are not aware of the process of Codes and why there are certain requirements and procedures to follow. The people are frustrated. Some of them want to make minor repairs and suddenly there are many other Codes they need to follow. They get angry with the City, the Chamber of Commerce or anyone else who might want to help. In time, they could be won over especially if we are successful with the guidelines regarding urban versus suburban code revision. A most important point brought out at the Workshop was that typi- cally there will be 20% who will be in favor immediately, 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 20% against it immediately and 60% on the fence. It is our responsibility to get them off the fence and onto our side. Vice Mayor }{armening asked who the person is being proposed as Director. Ca l Cearley did not know the name of the indi- vidual. Mr. Miller brought up the name to Mr. Cearley, but he has not spoken with the individual so that he did not feel he was at liberty to mention the name. Mr. Miller said there are other people throughout the State who could fill this job. The election process to pick a manager is complex. The Board would have written guidelines required to interview someone qualified for that particular job. Vice Mayor Harmening is against this program because of a previous program similar to this. $75,000 was granted and no results came from it. Scott Miller stated that the funds come from TIF. He feels that the salary for the individual should be looked at and hopes that spa ce could be dona ted through the tax exempt corporation. You don't want to put someone under the City Manager. You want the business community to feel that they had a say about who the individual is. Unfortunately, right now, there is a lot of disillusionment in the downtown area. Mr. Miller would like to break that barrier and have a working relationship with the business community. He feels that if this individual is not a City employee, but is employed by the downtown area, this individual would be more acceptable. Mr. Cearley feels we need to focus on what we have now and go forward on this. Even if the City Commission elects not to authorize this, he will keep coming back. He thinks the City wants this and pledged to watch every dollar. Commissioner Matson stated that she loves this City and the Workshop shows that there are a lot of businesses interested along with the private sector. There is a lot of energy. It is her feeling that this is a wonderful opportunity and the time for the program is now. Mayor Weiner wanted clarification on the time period involved in the contract. Cal Cearley stated that this is a three-year commitment to develop a program to revitalize downtown. She asked if this is a three-year commitment to pay the salary of a person who is not under the control of the City. Cal Cearley stated that it would be under the control of the CRA and the CRAB along with two or three mem- bers of the private sector, which would be the Board of 27 *should read, "select" MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 Directors of the Downtown Redevelopment Authority, a tax exempt corporation. Vice Mayor Harmening would like to see the City reimbursed the $158,000 that went into such programs out of TIF before the City goes any further. Mr. Grabeel stated that in the budget, there are four areas that may not be funded by in-kind pledges, but it does not suggest that the City must provide those funds. They can be provided by private donors or foundations by gifts to the 501(c)(3). It could be argued that the City has already made a substantial fiscal commitment to the program. He suggested that others go for the training to get a feel for what the program can do. Mayor Weiner wanted to know if we contract with the person to be the project director, can the CRA still fire that per- son. The answer to that question was yes and Mr. Cearley explained that the Downtown Redevelopment Authority runs the volunteer group. This does not mean that the Authority runs the managers. She also questioned who would be in charge of this person on a daily basis. The CRA would oversee this person, but the Downtown Redevelopment Authority or the CRAB could be charged with this responsibility Mayor Weiner is in favor of going ahead with this program, bUt wants to make sure that everything is clear to the mem- bers of the community who sit as the CRA exactly what the commitment will be, how long it will be for, and exactly what the contract will say about hiring and firing and what rights they will have. Scott Miller stated that they wanted to get some direction from the City Commission before a lot of the work was done. These individuals gathered a great deal of information and discussed it with Mr. Miller and need direction on which way to proceed. The bottom line is funding and commitment. Mayor Weiner pointed out that the Commission has not as yet seen the budget and how much TIF money is available, if any. Mr. Cearley sa id that they would like the Commission's authorization to move forward and develop a program and come back with all information in place and a budget set up. Mot i on Commissioner Matson made a motion to move forward with this project which was seconded by Commissioner Artis. The motion carried 4-1. (Vice Mayor Harmening cast the dissenting vote.) 28 *should read, "CRAB" MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 Authorization to bid towing service for the City of Boynt on Beach This item was pulled per Scott Miller. NEW BUSINESS A. Items for discussion requested by Mayor Arline Weiner: 1. Sketches for Proposed Water Tower - Conrad Pickel Mayor Weiner explained that Mr. Conrad Pickel approached her with a suggestion to beautify the proposed water tower. We already have some money committed in the project budget toward the construction of a new water tower. When Mr. Pickel approached Mayor Weiner, he was informed that the first thing to be determined is whether or not it would be legal to add private money to the public money that will be used for the construction. Attorney Cherof is researching this matter and will report back to the Commission. Paul Pickel, son of Conrad, who resides at 7777 20th Street in Vero Beach, accompanied his father to the meeting. He appeared to present this idea. He explained that his father wanted to try to convince the Commission to think in terms of art when building the new water tower. In thinking about art, the tower could be clad in glass or mosiac and could become a landmark in this area. Conrad Pickel, who resides in Leisureville, said that his business is to beautify churches and such. He is a fanatic about beauty. He feels that life without beauty is just an existence. Boynton Beach is a very nice town in which to relax , but there is no beauty. It would be worthwhile to add beauty. Commissioner Aguila asked if we are making any commitments at this point. We are not. He wanted to be sure that we can be proud of what winds up on the water tower and would want to see exactly what is being proposed. He suggested that this tower will be imposed on all of the citizens and much care must be taken. Commissioner Matson questioned whether or not City money would be used to maintain the tower. Mayor Weiner said that City money should not maintain it, but there should be an on-going committee to raise the maintenance fees each year. However, at this point, nothing can be done until a legal ruling is determined by the City Attorney. Mayor Weiner advised Mr. Pickel that our Attorney will research the question of private funding and the Commission 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 will get back to him. workbook. Mayor Weiner returned Mr. Pickel's 2. Task Force on the Elderly Mayor Weiner said that a large part of this City is made up of elderly people. Their needs must be addressed by City government. In order to look into the needs of the elderly, Mayor Weiner asked that the Commission consider establishing a Task Force on the Elderly along the same lines as the City Task Force on Children and Youth, and report back to the Commission. She suggested that it be unlimited in numbers so that expert advice will be forthcoming and asked for approval to have the City Attorney draft a resolution setting up a Task Force on the Elderly. Mot i on Commissioner Aguila moved to direct the City Attorney to draft a resolution setting up a Task Force on the Elderly. Vice Mayor Harmening seconded the motion which carried 5-0. Mr. Cherof will use the same structure which was used for the Task Force on Children and Youth. CITY MANAGER' S REPORT Scott Miller pointed out the September 17th meeting of the City Commission falls on the end of the Jewish holiday. He checked back records for what was done. In the past, the meeting was deferred until the next night and this is his proposal for that meeting. Mot i on Vice Mayor Harmening moved to change the date of the meeting from Tuesday, September 17th to Thursday, September 19, 1991. Commissioner Artis seconded the motion which carried 5-0. Noise Abatement Commissioner Artis requested information on the enforcement of the noise abatement ordinance. She explained there was excessive noise on the Poinciana School grounds. The group said they had a permit from the City to use the property. Scott Miller requested that Chief Ed Hillery respond. Chief Hillery said that this was the first he has heard about the incident. He explained that a decibel meter is available for measuring the noise level. The Police will respond to a noise complaint, but does not operate the decibel meter. If the Police respond to a noise complaint, they will ask them 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 to curtail it. Commissioner Artis Stated that the complaint was responded to by Police. Scott Miller stated that the City does not give permits for the use of County property. Chief Hillery said he would have to look into the complaint, but it is possible that a permit was issued by the Board of Education. Even in such a case, the Police would ask the people to curtail the noise. If such a situation occurs within the City of Boynton Beach, it is enforceable. Permit to Use County Property Commissioner Artis stated that this subject was covered in the response to her question on noise abatement. ADMINISTRATIVE: A. City Board Appointment: APPOINTMENT TO BE REG/ MADE BOARD ALT LENGTH OF TERM EXPIRATION DATE Ma tson Ha rmening Ma tson Community Appearance Board Alt Bldg Brd of Adj & Appeals Reg Education Advisory Board Alt 1 yr term to 4/92 tabled Term expires 4/92 tabled 1 yr term to 6/92 tabled Commissioner Matson asked that the appointment Community Appearance Board stay on the table. to the Vice Mayor Ha rmening asked that the appointment to the Building Board of Adjustment and Appeals stay on the table. Commissioner Matson appointed Education Advisory Board. Bonnie Plucinski to the Bm Designation of voting delegate for 65th Annual Florida League of Cities Convention in Tampa on August 22-24, 1991 Commissioner Aguila moved to designate Commissioner Matson as the voting delegate which was seconded by Mayor Weiner. The motion carried 5-0. Ce Change Order 923 for Fire Station 93 - Change in roofing material Scott Miller stated that this pertains to the roofing material on Fire Station ~3. Firestone discontinued a pro- duct the City decided on and the City went with an alternate product that costs a little more. 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 Vice Mayor Harmening moved to approve Change Order 923, which was seconded by Commissioner Aguila. The motion carried 5-0. Request authorization to formally bid the Aquifer Storage & Recovery (ASR) Well Project Mr. Miller advised that the City is ready to go out to bid on the ASR. Mr. Guidry explained that this is significant in the City's program. He stated that part of our consump- tive use permit requires that we negotiate an inter-local agreement with Lake Worth Drainage District. ASR is a culmination of approximately three years of effort with South Florida Water Management District and Lake Worth Drainage District. It is a trade-off in that the City is doing its part in real conservation further than just imple- menting inverted rate structures. The City is proud of this. Boynton Beach is the only utility in this area doing this. Vice Mayor Harmening moved to grant authorization which was seconded by Commissioner Aguila. The motion carried 5-0. Request authorization to acquire a vacant parcel located on Mission Hill Road for a new sewage pump sta- tion for the City's sewage collection system Mr. Guidry explained that this is one of three lift stations for replacement. They are designed, permitted and in January received approval from the Commission to negotiate a price at $32,000 with the owner. The value of the property was appraised at $39,995. We had to negotiate up to a price of $36,000. It is an ejector station. It is operating well beyond its range. The existing station is in the right-of- way. Vice Mayor Harmening moved to authorize the acquisition of the vacant parcel located on Mission Hill Road which was seconded by Commissioner Aguila. The motion carried 5-0. Fe Authorization to utilize revenue generated from the employee's vending machines for appropriation towards an employee picnic Mr. Miller explained that there are vending machines in City buildings some of which are employee only and others are for public use. He is requesting permission to use the proceeds from the "employee only" vending machines for such things as the holiday party and employee picnic. The employee picnic is scheduled for July 27th. The use of these funds would be very helpful for things such as this. This amounts to approximately $1,500 which now goes in the General Fund. 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 Commissioner Aguila moved to approve the authorization which was seconded by Commissioner Matson. The motion carried 5-0. G. Palm Beach County Municipal League Report Mayor Weiner explained that the Municipal League has requested that the thirty-seven cities in the League put a item in their agendas for a report on the Municipal League's doings for the month. The Countywide Planning Council and the Municipal League have agreed on the proper role of the Countywide Planning Council. A few items have been left open. Commissioner Karen Marcus has decided rather than have the fighting continue, she voted to have this moved forward to the County Commission. With regard to the motion that was passed, the word "conceptually" was stricken from the motion before it was passed. The local option gas tax was taken up at that meeting and it has passed. It will be 75/25 starting in 1996. H. Report to the Commission on the We Care Health Fair This Health Fair was held under the sponsorship of the City and Bethesda Hospital. ~Laura Widmer did a great deal of work on this Fair. Ms. Widmer reported that the greatest crowd was there at 8:30 a.m. There was an estimated 500 to 700 people there throughout the day. They screened 162 people for cho- lesterol and 157 for diabetes. There were hearing and vision screenings. There were approximately twenty-four activities altogether. There was a great turnout. There were so many people for the hearing testing that they had to distribute tickets and people will be able to go back on Monday. Both the 'City and Bethesda were extremely pleased with the turnout. Bethesda handed out a marketing survey to the people in attendance and found very positive results. They look forward to doing this again in the future. Mayor Weiner commended staff for the work and effort they put into making the Health Fa ir a success. She hopes Bethesda will continue this in the future and make it an annual event. Mayor Weiner thanked Laura Widmer for the publicity throughout the City. Mayor Weiner would like to bring more programs like this to our citizens without any cost to the City. Scott Miller said that Laura did an outstanding job as did Wilfred Hawkins and Melanie Green. Scott Miller said that 33 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 certificates of appreciation will be sent. Mayor Weiner would like a letter to go to Mr. Hill, President of Bethesda and asked Laura to suggest any other Vice Presidents. Scott Miller feels that Bob Taylor and Linda Sharp should get let- ters. Mayor Weiner also asked that certificates be awarded to the members of Bethesda Hospital who gave their time to work at the Fair. This could be done before a Commission meeting. Commissioner Matson thanked the Commission and Laura Widmer on behalf of the children who participated in the Special Olympics. CONSENT AGENDA A. Minutes Special City Commission Workshop Minutes of May 29, 1991 Regular City Commission Workshop Minutes of June 18, 1991 Special City Commission Meeting Minutes of June 25, 1991 B. Bids - Recommend Approval - Ail expenditures are approved in the 1990-91 Adopted Budget None. Request refund on cemetery lots 199 A & B, Block R, Boynton Beach Memorial Park Addn. 91 As outlined in City Clerk Sue Kruse's Memorandum No. 91-080 to the City Manager, Alice G. Stiegler requested a refund on cemetery lots 199 A & B, Block R, Boynton Beach Memorial Park Addn. ~1 De Request authorization Personnel Department for records destruction As outlined in City Clerk Sue Kruse's Memorandum Number 91-084 to the City Manager, Records Destruction Request ~212 has been approved by the State Commission approval is now requested. E. Approval of Bills (See list attached to original Minutes) Commissioner Aguila had questions on two of the bills, namely ~12 and ~25. Scott Miller said these are the service 34 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 award pins given for tenure. have gone to thirty years. They start at ten years and Bill ~25 - Scott Miller sent a letter and got no response. Mr. Miller felt that $31,000 was more than enough and he sent Oscar Vagi a letter saying he was not going to honor this, but he was welcome to discuss the matter with Mr. Miller. He will get only $31,000. Commissioner Aguila moved to approve the Consent Agenda which was seconded by Commissioner Matson. The motion carried 5-0. Mayor Weiner returned to the Municipal report. She stated that the Municipal League is requesting a minimum of fifteen members of the League to pledge a minimum of $1,000 each to carry out a four-day RUDAT program in March, 1991. She is opposed but asked for some direction from Commissioner Aguila. It is his opinion that RUDAT is good, but he is also opposed to financial involvement at this time. Mot i on Commissioner Aguila moved to not approve this request for $1,000 which was seconded by Vice Mayor Harmening. The motion carried 5-0. OTHER Commissioner Aguila asked that the members of the Commission not rush to make motions before everyone has had an oppor- tunity to discuss the subject. He said that there have been times, even while still discussing, when someone rushes in to make a motion because they feel strongly about the sub- ject. He feels when you have reached the end of a discussion, then it is appropriate to make a motion. Vice Mayor Harmening stated that the motion generally prece- des the discussion. Attorney Cherof stated that under Robert's Rules, the motion should precede the discussion. He explained that this is a rule of procedure and need not apply all of the time, but the motion should be made before the discussion. Mayor Weiner stated that she will be sure that everyone has an opportunity to speak. 35 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1991 ADJOURNMENT The meeting properly adjourned at 10:13 p.m. ATTEST: Ci~ Clerk Secretary (Three Tapes) CITY OF BOYNTON BEACH Ma yor Vice Ma yo~/ ~ommi s s i oner Commissioner 36 AGENDA July 2, 1991 XI. CONSENT AGENDA E cc: Util Eec Mgmt Serv Finance 10. ACE PUMP AND SUPPLY Rewind 150HP Motor - Emergency repair to put High Service Pump #2 back in service for Water Treatment. Pay from Water & Sewer Rev---401-332-5-433-00 "Best of 3 quotes" ACKNOWLEDGE, INC. 1ATSg042 Dual 4MM 10GB DAT Tape System for Data Processing. Pay from General Fund---001-000-1-451-02 Commission approved 5/21/91 ALLIED LIME Blanket P.O. #85951 - Pebble Quick Lime for Water Plant. Pay from Water & Sewer Rev---401-332-5-365-00 ALLEN INSURANCE COMPANY Renewal of policy ETB102147 - Police & Fire AD & D. Pay from Self Insurance Fund---622-195-5-144-00 CHUCK'S AUTO REPAIR Repair to Police Vehicle #344. Pay from Self Insurance Fund---622-195-5-440-01 "Best of 2 quotes" EASTMAN KODAK COMPANY May 1991 minimum billing and April 1991 usage billing for Model 70 Copier. Pay from various departments. ELKINS CONSTRUCTION Blanket P.O. #84255 - Est. #11 - Improvements to B.B. East Water Treatment Plant for period 4/16/91 to 5/15/91. Pay from Utility Capital Improve.---404-000-0-690-10 Per bid 4/3/90, Commission approved 4/17/90 FORD NEW HOLLAND, INC. 1 Ford 4630 Tractor for Golf Course. Pay from Golf Course Fund---411-726-5-641-00 Commission approved 2/5/91 GEE & JENSON, ENGINEERS, ARCHITECTS, PLANNERS, INC. Professional and engineering services for various projects. Pay from various accounts. HESCO SALES, INC. 6 2yd and 2 2yd containers w/plastic lids and 26 sets lids w/rods for Sanitation Dept. Pay from Sanitation Fund---431-341-5-690-02 Bid #056-394-90 $ 1,480.00 14,700.00 11,649.46 4,620.00 1,751.73 1,547.94 215,499.21 10,704.00 12,986.05 4,912.62 .COMMISSION JUL 2 1991 APPROVAL 11. 12. 13. 14. 15. 16. 17. 18. HORSES AND HANDICAPPED Boynton Beach/Miller Beer Softball Tournament Pay from General Fund---001-000-1-470-02 1,722.97 19. HOUSE OF GOLD 12 Coins w/bails, 7 coins w/Tie Tac, 10 coins w/lapel pin plus 8 diamonds for service awards. Pay from General Fund---001-135-5-396-00 2,657.00 20. K & M ELECTRIC SUPPLY, INC. To change service at Wilson Center. Pay from General Fund---001-000-1-451-10 3,084.05 21. LANTANA PEAT & SOIL Blanket P.O. #85984 - Partial payment Top Dressing - Fore Greens & Tees for Golf Course. Pay from Golf Course Fund---411-726-5-346-00 1,150.00 NATIONAL TRUST For services provided by the National Main Street Center for period 4/12 and 13, 1991. Pay from General Fund---001-121-5-450-07 2,000.00 PALM BEACH COUNTY SOLID WASTE AUTHORITY Use of County Landfill for month of May, 1991. Pay from Sanitation Fund---431-341-5-490-01 116,399.41 PEROXIDATION SYSTEMS, INC. Blanket P.O. #85986 - Partial payment - 50% hydrogen peroxide solution for corrosion and odor control program. Pay from Water & Sewer Rev---401-352-5-365-00 28,080.00 RESILITE SPORTS PRODUCTS, INC. 1RSP4001 2 Pc. Mat to be utilized for training defensive tactics required by Risk Management to reduce injury. Pay from General Fund---001-211-5-646-00 2,347.06 SHENANDOAH GENERAL CONSTRUCTION Repairs to Water Pump on Sewer Jet-Vac Truck #181. Pay from Water & Sewer Rev---401-351-5-433-00 "Best of 4 quotes" 2,430.68 TARE LAWN MAINTENANCE Blanket P.O. #87740 - 1st. Payment - 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 2,350.00 U.S. COMPUTER PRODUCTS 14,770.00 Best UPS System w/battery plus 3 year warranty needed for communications equipment to operate properly. Pay from General fund---001-197-5-690-05. Cormnission approved 5/21/91 COMMISSION JUL 2 ]991 APPROVAL 22. 23. THE NEWS Legal Ads for May, 1991. Pay from General Fund---001-122-5-475-00 " " " "001-122-5-470.13 $988.26 538.20 OAKS WHOLESALE DISTRIBUTORS 20 Safariland bulletproof vests for newly hired officers. Pay from General Fund---001-211-5-397-00 "Bid Item - Bid #027-211-90" 24. USG SOUTHEAST 1 Metal Detector, Drilling Machine, Electric Power Operator, Drill, Holder, Shell Cutter, Holder and 2 Pilot Drills and Polypipe for Utilities. Pay from Water & Sewer Rev---401-333-5-642-00 $3478.50 " " " " " 401-333-5-390-05 1172.00 25. OSCAR VAGI & ASSOCIATES ARCHITECTS, INC. Ezell Hester Park and Rolling Green Park Phase II. Pay from Public Svs Tax Constr.---301-721-5-634-01 " " " " " " 301-721-5-640-30 $1607.85 3686.35 1,526.46 4,746.00 4,650.50 5,294.20 These bills have been approved and verified by the department heads involved, checked and approved for payment. Grad~or - I therefore recommend payment of these bills. Added: ~National Child Safety Council D.A.R.E. Project - Material to be used by School Resource officer Scott Dean. Pay from Misc. Trust Fund---69]-000-1-69]-20 $4,4 12.00 COMMISSION - JUL ~, ]991 APPROVAL