Loading...
Minutes 06-04-91MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JUNE 4, 1991 AT 7:00 P. M. PRESENT Arline Weiner, Mayor Edward Harmening, Vice Mayor Jose' Aguila, Commissioner Lillian Artis, Commissioner Lynne Matson, Commissioner J. Scott Miller, City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk Mayor Weiner called the meeting to order at 7:05 P. M. After a moment of silent prayer, the Pledge of Allegiance to the Flag was led by Commissioner Lynne Matson. AGENDA APPROVAL Commissioner Matson added "Boynton Beach Firefighters ~wards" under "PRESENTATIONS". She wished to delete "D. Other, 1. Citrus Glen Limited Partnership - Construction of Miner Road (east of Lawrence Road)" under "LEGAL". Mayor Weiner called attention to "LEGAL, C. Resolutions" and deleted "7. Proposed Resolution No. R91- Re: Appoint voting delegate and alternate to Palm Beach County Municipal League". She had called the League and was advised that even though she is now a Board Member, she is still a voting delegate. Since the Community Redevelopment Agency's meeting Scheduled for Monday, June 3, 1991 was cancelled, Mayor Weiner added "3. Topper's Bar-B-Q - Parking Changes" under '!'DEVELOPMENT PLANS, B. NON-CONSENT AGENDA". Citrus Glen Commissioner Aguila pointed out that someone may want to Object to an item being added, deleted, or amended, and he wondered whether they should deal with the items indivi- dually before making a motion. A man in the audience questioned the deletion of Citrus Glen. Commissioner Matson explained Citrus Glen was deleted because it was put on the agenda'without a motion of the Commission to recon- sider the item, and that was not legal. She saw a letter from Mr. Felix Granados, Jr., Citrus Glen, which said he would like for this to come before a full Commission. Commissioner Matson stated there was a quorum at the Regular ~ommission meeting on May 21, 1991. 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 The man in the audience protested, saying there were objec- tions on the part of the residents of Citrus Glen. City Attorney Cherof advised that the item should not have been added to the agenda. The only way Citrus Glen can come back is by a motion to reconsider. Commissioner Aguila asked who could make that motion. City Attorney Cherof answered it could be made by anybody who voted on the prevailing side of the motion. Commissioner Aguila inquired whether they could deal with this item separately. City Attorney Cherof advised the Commission could procedurally do it that way. He thought Citrus Glen should come off of the agenda. A motion would be in order to accept the agenda with the deletion. It could come back on the agenda under a motion to reconsider under "OLD BUSINESS". Other Chanqes to the Aqenda. Under "LEGAL, Other", City Attorney Cherof added "Negoti- ations with Architect re Contract for the Infill Program". City Manager Miller added "C. Senate Bill 2,000" under "OLD BUSINESS" and explained that it is a manadated implementa- tion Bill that may be coming up this Thursday. Under the "CONSENT AGENDA", he added "E. Disinterment - Stiegler". City Manager Miller further moved "B. Authorization for barge rental - 4th of July" from "ADMINISTRATIVE" to "LEGAL, C. Resolutions, 7". Motion Commissioner Matson moved, seconded by Commissioner Artis, to approve the agenda with the corrections. Motion carried 5-0. Citrus Glen Commissioner Aguila asked whether the gentlemen at Citrus Glen would have the option of contacting the City in writing to request that they be put on the agenda. City Attorney Cherof replied it was something that could be initiated by the City Commission at any time. Commissioner Matson felt it would set a very dangerous precedent if the Commission made a motion to reconsider. If such a motion was made, she wondered whether she could make a motion to reconsider any other decisions that went the way she did not want them to go, after they were decided. City Attorney Cherof reiterated that a motion to reconsider could be made by anybody who was on the prevailing side on any issue. It is a right each 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 Member of the Commission has under Robert's Rules of Order, which they are operating under. Commissioner Aguila clari- fied that he only brought this matter up because he wanted to keep it separate from the other items. No one on the Commission wished to make a motion to reconsider. ANNOUNCEMENTS Proclamations: 1. National Safe Boating Week - June 2 through June 8, 1991 Members of Flotilla 54 were present. Mayor Weiner read the Proclamation in its entirety, and a Proclamation was pre- sented to Rod King, Commander of the Flotilla. 2. Welcome Home Mayor Weiner read the proclamation in its entirety. The Proclamation proclaimed Boynton Beach extends an official Welcome Home to-the veterans of Desert Storm, Vietnam, and all other conflicts in which the United States has been involved. F. Presentations 1. Employee of the Month - May, 1991 City Manager Miller presented Phil Gillig, Utilities Depart- ment with a Certificate for the Employee of the Month Award for May, 1991. Mr. Gillig established a communications net- work for use during times of emergency. He prepared the City for disasters, working on an amateur communications network for the City, and he installed antennae on all City build- ings. Mr. Gillig is willing to loan the City his own per- sonal equipment as well as his time in times of disaster to enable communications to occur between the City's and County's operation centers. Boynton Beach Firefighters Awards - Added by Commissioner Matson Bob Borden, Fire Prevention Officer, representing the Fire Rescue Department, said many of its Members participated in the Florida Firefighters Olympics. Each year, Firefighters from all over the State come together to compete in athletic events. Medals were received as follows: MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 Gold Medal (lst Place) Rich Limauro - Darts Ed Herrmann - Wrestling, 168-185 lb. division Richard Baier - Wrestling, 145-155 lb. division Greg Seider - Swimming Bryan Croft - Arm Wrestling, Middleweight Division Bob Croft - Arm Wrestling, Heavyweight Division Silver Medal (2nd Place) Tim Valentine, Mike Smollon, Andy Podray, Henry Kamiya, Steve Wojciechowski, Barry Ehmke, Bob Brown, Carlos Reyes, Perry Patterson - Volleyball Greg Seider - Swimming - 3 silver medals Carlos Reyes - Swimming - 2 silver medals Ron Rudy - Swimming - 3 silver medals Henry Kamiya - Swimming - 2 silver medals Tim Valentine) Carlos Reyes) - Two Man Volleyball Phil Oxendine - Track and Field Ed Herrmann - Rope Climb 11 Members - Tug of War Bronze Medal Greg Seider - Swimming - 3 bronze medals Phil Oxendine - Track & Field Mr. Borden said each medal represents a point. After total- ing the points, Boynton Beach Firefighters won first place overall. He presented the City Commission with the trophy they won and said there is no more room at the Fire Depart- ment because of trophies they have already won for being in first place. Mayor Weiner thought the City should look into building a trophy case at Fire Station ~3. The Fire Department would like to host the Florida Fire- fighters Olympics, and Mr. Borden asked the Commission for its support. Mayor Weiner liked this idea. Mr. Borden informed her the Fire Department filed an application. BIDS None. 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 PUBLIC HEARING None. PUBLIC AUDIENCE Name Tags - Public Relations Cynthia Greenhouse, 618 N. E. 20th Lane, commended City Manager Miller for attempting to improve public relations with the residents through a new system, whereby employees wear name tags. She expressed that the name tag system has turned into a vehicle for sexual discrimination. Ms. Greenhouse spent a good part of yesterday (June 3, 1991) at City Hall. She observed that most all of the women employees were wearing name tags. Few, if any men, were wearing them. Ms. Greenhouse named the departments where she found men not wearing the tags. She also named department heads who were not wearing them. Ms. Greenhouse thought all employees who deal with the public were to wear name tags for identity and accountability. The purpose of this stemmed from complaints by residents against City employees. Ms. Greenhouse felt a class differentiation was being created and it had become a discriminatory practice of male administrators. She made accusations against the Building Department and said the City was being exposed to female employee morale. Ms. Greenhouse thought the Commission should reevaluate the purpose and intent behind this policy. Either everyone should wear a name tag, or no one should wear a name tag. She alluded to the County and hoped the Commission or the City Manager would take steps to correct this. Mayor Weiner said this program was started to increase the employees' awareness of their duty to create a pleasant atmosphere in City Hall. If what Ms. Greenhouse said was true, Mayor Weiner stated she would not stand for it. She asked City Manager Miller to see that every employee has a name tag and wears it. Mayor Weiner also wanted everyone on the Commission to have a name tag. City Manager Miller clarified that the program on public relations was not about name tags. The key of public relations is to be responsive to the residents. Name tags are only one component of the process. The City is also getting involved with service request cards, as the City is interested in what people think of its services. City Manager Miller said the City will also be getting involved With posters and the expansion of quality circles. He Stated he most definitely will look into this. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 Commissioner Artis had positive responses about the desk out front and was told how much it has changed. Citrus Glen (See "AGENDA APPROVAL", page 1 of these minutes for the beginning of this subject.) Robert Gyeswein, 169 Executive Circle, Citrus Glen, Boynton Beach, was speaking on behalf of 18 Citrus Glen residents. They supported the developer's offer to complete Miner Road between Lawrence Road and Congress Avenue. Mr. Gyeswein referred to the need for direct access to Fire Station 93 and said a road that dead ends serves no purpose. Whether the City or Citrus Glen builds it, he urged that the road be built all the way through. Commissioner Matson informed Mr. Gyeswein that the Commission ordered the road to be built at the last regular Commission meeting. Commissioner Aguila interjected that Mr. Granada was here at that meeting to request an extension in order not to build the road. The Commission denied the extension because they felt not only Mr. Granada should build his portion of the road now, but Mr. Glick should also build his portion of the road now. The people from Citrus Glen protested because the Commission could not make any promises concerning the road, and there was discussion about the road. Mr. Gyeswein asked whether there was a time limit for the completion of the road. Vincent Finizio, Administrative Coordinator of Engineering, said about two weeks ago a notice was sent to Mr. Glick giving him ten days to send the City the proper monies for the construction of the road or commence construction of the road within 30 days from the date of the letter. Mr. Glick received the letter by certified mail. Winn Dixie Wilda Searcy, 402 N. E. 13th Avenue, asked why the Commis- sion allowed Winn Dixie to move from within walking distance of her community. She stated the blacks are being rezoned out of their neighborhood, and she alluded to Poinciana School, the downtown, and Tradewinds. Mrs. Searcy also men- tioned the amphitheater that was to be built on Congress Avenue and recalled Chrysler Corporation had offered to help with it. 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 DEVELOPMENT PLANS ~ A. CONSENT AGENDA - UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD None. B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD 1. Project Name: Agent: Owner: Location: Description: First Impressions Day Care Center . . . ................. TABLED Harold Blanchette, Earl H. Martin & Associates Julie Monahan & Susan L. Monahan 2206 S. Seacrest Boulevard; Seacrest Boulevard at S. E. 22nd Avenue, north- east corner SITE PLAN MODIFICATION: Request to amend the site plan approved in connec- tion with the conditional use approval for the day care center to allow the existing building to be razed, a 4,732 square foot building to be constructed and changes in the parking lot layout and design Commissioner Aguila moved, seconded by Commissioner Matson, to remove this item from the table. Motion carried 5-0. At the last regular meeting of the Commission, Christopher Cutro, Director of Planning, said the Commission asked that everyone within 400 feet of this property be notified of this request. Harold Blanchette, 905 Mission Hill Road, showed Commissioner Aguila a site plan, which complied with the comments Commissioner Aguila had made at the meeting of May 21, 1991. Sue Kruse, City Clerk, confirmed that the property owners within 400 feet of this property were notified. Mr. Cutro said he received some phone calls, which were answered. He assumed that was why none of the people were here. Mayor Weiner noted the approval was to be contingent upon the Board of Adjustment (BOA) granting a.variance for the side/rear setback proposed on the plans. Mr. Cutro advised 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 that the variance would be before the BOA next week. If the variance is not approved, Mr. Blanchette will have to change the design of the building. If it is denied, the changes will be substantial. Commissioner Aguila and Vice Mayor Harmening felt this should have gone before the BOA prior to coming before the City Commission. If the BOA denies it, Mr. Cutro said it will become moot. Commissioner Aguila moved to approve the plan as submitted with the changes suggested and with the condition that the applicant gets a favorable approval from the Board of Adjustment. Vice Mayor Harmening seconded the motion, and the motion carried 5-0. 2. Request for excavation & fill permit - West Industrial Associates - 1300 West Industrial Avenue City Manager Miller said the Engineering Department has been discussing this with West Industrial Associates, and West Industrial Associates are aware of their requirements. He asked for the Commission's approval, pursuant to the pro- visions of the City's Code. W. Richard Staudinger, P. E., Gee & Jenson, Consulting Engineers, apprised the Commission that the applicant requested a permit for excavation and fill, as well as putting a concrete slab in. Approval of the excavation and fill only was what was on tonight's agenda. Mr. Staudinger said they are reviewing the slab and drainage design but have not approved that. He told Commissioner Aguila he had no problem with West Industrial Associates doing the exca- vation separately as long as they take care of the condi- tions the City put there, which was that they do not affect the land to the north and east as far as the grade differ- ential~ between the existing grade and the finished grade. Commissioner Matson moved to approve the request for excava- tion and fill permit, subject to the following staff com- ments: The abatement of blowing sand, the duration of the fill hauling operation not to exceed two weeks, that a route for the fill operation will be a prerequisite to per- mitting, and a $10,000 restoration security bond shall be required. Commissioner Aguila seconded the motion, and the motion carried 5-0. 2. Project Name: Agent: Owner: Topper's Bar-B-Q George C. Davis Town Tavern, Inc. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, -FLORIDA JUNE 4, 1991 Location: Legal Description: Description: 512 North Federal Highway; Federal Highway at N. E. 4th Avenue Lots 1 through 6, LESS W. 40', R. A. MERRITT'S SUBDIVISION Request for approval of an amended site plan to raze the Lou's Subs building, add parking, change the design of the existing parking lot and install window canopies Mr. Cutro explained the request and said the Technical Review Board (TRB) recommended a change so that the cars coming into the project off of Federal Highway would be able to circulate in a counterclockwise fashion. There are two openings and a condition that the alley be approved. Both the TRB and the Planning and Zoning (P&Z) Board recommended approval. George Davis, Architect, 1100 South Federal Highway, agreed with the staff comments except for two things. The appli- cant wanted to correct the circulation coming in from counterclockwise to clockwise because cars coming in from the south would have to make a hairpin turn. Commissioner Aguila pointed out they would then have to cross traffic, and that did not make sense to him. Mr. Davis said the second request was to eliminate the access ways on the alley they asked for because of the City's request that they pave over 300 feet of alley. They do not agree the alley is in bad shape. Mr. Davis did not think the paving was necessary. Rather than spending money for the paving, he asked that the two access ways be eliminated from the parking lots on the east. Discussion ensued about the driveways and what the Code requires. Commissioner Aguila proposed a different scenario. Mr. Cutro did not disagree that it would not work but said the applicant would have to go to the Planning and Zoning Board for a variance. He felt that should be left to Mr. Davis and his clients. Mr. Cutro suggested they let Mr. Davis talk to his clients for a few minutes. There Was further discussion about the driveways, the variance procedure, and what.Commissioner Aguila had proposed. Commissioner Aguila felt there should be guidelines so people would not be encouraged to plan what he felt would be unsafe conditions. If the applicant did not do what he Suggested, he stated he would vote against the request. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 Discussion ensued about Commissioner Aguila's recommenda- tion, the alley, and access points. Mr. Davis left the Chambers with his clients. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 091-27 Re: Rezoning Planning Area 2.c, .91 acres - change from R-2 to R-1 (Lots on the north side of Miner Road, on the east and west sides of Ocean Parkway) City Attorney Cherof read proposed Ordinance No. O91-27 by title only: "lAN 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-2, (DUPLEX RESIDEN- TIAL), TO R-1 (SINGLE FAMILY RESIDENTIAL), PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVID- ING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE" Mayor Weiner asked whether anyone in the audience wished to be heard. There was no response, and THE PUBLIC HEARING WAS CLOSED. Vice Mayor Harmening moved to adopt Ordinance No. O91-27 on final reading. Commissioner Aguila seconded the motion, and a roll call vote was taken by Sue Kruse, City Clerk, as follows: Commissioner Artis - Aye Commissioner Matson - Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Aguila - Aye Motion carried 5-0. Mr. Cutro said items 2 through 9 were rezonings set by the Comprehensive Plan. Some of the lots presently have single family houses on them, and he believed that was the reason for the applications. 2. Proposed Ordinance No. 091-28 Re: Rezoning Planning Area 2.c, .40 acres - change from R-2 to PU (Parcels on north side of Miner Road, west of Ocean Parkway) City Attorney Cher'of read proposed Ordinance No. O91-28 by title only: 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 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 R-2 (DUPLEX RESIDENTIAL), TO PU (PUBLIC USAGE), LIMITED TO USE AS A DAY CARE CENTER OR SCHOOL, PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP: PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE: PROVIDING AUTHORITY TO CODIFY: AND PROVIDING AN EFFECTIVE DATE." Mr. Cutro said the day care center is presently there. This would reflect the land use that is on the property at the present time. Mayor Weiner asked whether anyone in the audience wished to be heard. There was no response, and THE PUBLIC HEARING WAS CLOSED. Commissioner Matson moved to adopt Ordinance No. O91-28 on final reading, seconded by CommiSsioner Aguila. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Matson - Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Aguila - Aye Commissioner Artis - Aye Motion carried 5-0. 3. Proposed Ordinance No. 091-29 Re: Rezoning Planning Area 2.d, 3.96 acres - change from C-2 to R-1 (Parcels on the west side of N. Seacrest Blvd., north and south of Miner Road, extended) City Attorney Cherof read proposed Ordinance No. O91-29 by title only: "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 R-1 (SINGLE FAMILY RESIDENTIAL), PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP: PROVIDING A CONFLICTS CLAUSE: PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY: AND PROVIDING AN EFFECTIVE DATE." 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 Mr. Cutro said this property is also known as the Rosemary scrub property. The major portion of the Rosemary scrub is on the west side of the property. R-1 zoning surrounds this property. The only thing that would be left C-2 is the small convenience store where the bus stops. Mayor Weiner asked whether anyone in the audience wished to be heard. There was no response, and THE PUBLIC HEARING WAS CLOSED. Commissioner Aguila moved to adopt Ordinance No. O91-29 on final reading, seconded by Vice Mayor Harmening. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Nay Motion carried 4-1. 4. Proposed Ordinance No. 091-30 Re: Rezoning Planning Area 2.e, .40 acres - change from C-2 to REC (Parcel immediately northeast of the North District Park site, along the southern boundary of N. W. 19th Avenue City Attorney Cherof read proposed Ordinance No. O91-30 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 REC (RECREATION), PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Mr. Cutro informed the Commission that the City purchased this site, and it is part of Ezell Hester Park. Mayor Weiner asked whether anyone in the audience wished to be heard. There was no response, and THE PUBLIC HEARING WAS CLOSED. Vice Mayor Harmening moved to adopt Ordinance No. O91-30 on final reading, seconded by Commissioner Artis. A roll call 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 vote on the motion was taken by Sue Kruse, City Clerk, as follows: Vice Mayor Harmening - Aye Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Aye Mayor Weiner - Aye Motion carried 5-0. 5. Proposed Ordinance No. 091-31 Re: Rezoning Planning Area 4.a, 1.17 acres - change from R-lA to R-2 (Lots on the south side of S. E. 14th Avenue, west of the FEC tracks) City Attorney Cherof read proposed Ordinance No. O91-31 by title only: "AN ORDINANCE OF THE CITY CO~N~4ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-lA (SINGLE FAMILY RESIDENTIAL), TO R-2 (DUPLEX RESIDENTIAL), PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVID- ING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Mr. Cutro said this rezoning was a recommendation of the Comprehensive Plan. The P&Z Board unanimously recommended that this petition be denied. The Board further recommended that the City initiate a new Land Use Amendment from Medium Density Residential back to Low Density Residential and also that the City initiate a text amendment to delete the recommendation before them from the Comprehensive Plan. Mayor Weiner asked whether anyone in the audience wished to be heard. Walter McKinley, 1402 South Seacrest Boulevard, complained about overcrowding of the existing buildings and homes in the area. The new homes built within the last two years have already been made into duplexes. Some of the single family residences have 25 to 30 people living in them. Mr. McKinley thought it would be a great mistake to raise the density when density is already a problem. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 Mot i on Commissioner Aguila moved to DENY the rezoning of planning area 4.a from R-lA to R-2 and that the appropriate change be made in the Land Use Amendment. He did not see that it made any sense. Vice Mayor Harmening seconded the motion. Mr. Cutro explained to Commissioner Artis the reason for the R-2 recommendation (a duplex district) was because this property is against commercial property. After further explaining, he advised that the City will have to create a parking zone because the City is getting a lot of requests to expand property. Mr. Cutro thought they should let this come up as part of the regular process. Commissioner Aguila referred to previous rezonings that are to be amended, and Mr. Cutro said this will be a part of that package. He Stated he would proceed with the Land Use Amendment and the rezoning. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Motion carried 5-0. 6. Proposed Ordinance No. O91-32 Re: Rezoning Planning Area 4.f, .92 acres - Change from C-2 to C-1 (Lots north of SE 22nd Avenue, immediately east of SE 2nd Street City Attorney Cherof read proposed Ordinance No. O91-32 on final reading 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-1 (OFFICE COMMERCIAL), LIMITED TO ONE STORY BUILDINGS, PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY: AND PROVIDING AN EFFECTIVE DATE" Mr. Cutro said there is a series of offices north of the C-2 zoning. This was recommended because it will probably 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 be a better buffer for the residential area. The P&Z Board unanimously recommended approval of the request. Mayor Weiner asked whether anyone in the audience wished to be heard. There was no response, and THE PUBLIC HEARING WAS CLOSED. Commissioner Aguila moved to adopt Ordinance No. O91-32 on final reading, seconded by Commissioner Matson. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Artis - Aye Commissioner Matson - Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Aguila - Aye Motion carried 5-0. 7. Proposed Ordinance No. O91-33 Re: Rezoning Planning Area 7.a, 2.76 acres - change from R-2 to R-lA (Parcels on the northeast corner of Boynton Beach Blvd. and Old Boynton Road City Attorney Cherof read proposed Ordinance No. O91-33 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-2, (DUPLEX RESI- DENTIAL) TO R-lA (SINGLE FAMILY RESIDENTIAL), PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; PROVID- ING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Mr. Cutro stated this took into consideration that Old Boynton Road has been relocated and would not have the effect it originally had on that site. Jorge Gonzalez, Assistant Planner, showed Commissioner Aguila where the Florida Power & Light station is located. Mayor Weiner asked whether anyone in the audience wished to be heard. There was no response, and THE PUBLIC HEARING WAS CLOSED. Vice Mayor Harmening moved to adopt Ordinance No. O91-33 on final reading, seconded by Commissioner Aguila. A roll call 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Matson - Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Aguila - Aye Commissioner Artis - Aye Motion carried 5-0. 8. Proposed Ordinance No. O91-34 Re: Rezoning Planning Area 7.a, .88 acres - change from R-2 to C-2 (Parcels on the northeast corner of Boynton Beach Blvd. and Old Boynton Road) City Attorney Cherof read proposed Ordinance No. O91-34 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-2 (DUPLEX RESIDENTIAL) TO C-2 NEIGHBORHOOD COMMERCIAL), PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Mr. Cutro informed the Commission ~the C-2 district is to enlarge the existing site that is to the south of this site and combine the two of them together to provide a larger developable parcel. That will enable better development to go in there. The P&Z Board did not recommend unanimous approval of this. The vote was 6-1. Mayor Weiner asked whether anyone in the audience wished to be heard. Richard Heniser, 502 N. W. 8th Court, referred to a meeting held in 1986 and he told the Commission where he believed R-3 zoning had been. Mr. Cutro responded that the zoning in place on Boynton Beach Boulevard was what was being shown. This would clean up some of the problems caused by the realignnent of Old Boynton Road. Mr. Cutro understood some land swaps had taken place between land owners. Discussion ensued about the present locations of R-3 zoning on Boynton Beach Boulevard. Commissioner Aguila asked if Mr. Heniser had a problem with the proposed change in zoning. Mr. Heniser told of 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 constantly hearing noises from Wendy's and semi-trUcks parked on Old Boynton Road with refrigerated motors. He asked why the area could not be zoned C-1. Mr. Cutro informed the Commission the idea behind the rezoning was to combine this area with a larger site. There were further comments about C-1 zoning. As no one else wished to be heard, THE PUBLIC HEARING WAS CLOSED. Mot i on Vice Mayor Harmening moved to DENY the request and further moved that the Planning Department take it back to C-1 zoning. Commissioner Matson seconded the motion. Because of the problems Mr. Heniser had expressed with drainage, et-c., Commissioner Matson suggested he speak with the City Staff. City Manager Miller recommended that he talk to Mr. Vince Finizio, Engineering Department. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Aye Motion carried 5-0. Mr. Cutro stated he will initiate a petition to bring the zoning back to C-1. 9. Proposed Ordinance No. O91-35 Re: Rezoning Planning Area 7.b, .43 acres - change from R-lA to REC (Lots east of Pioneer Park, on the north side of NW 13th Avenue) City Attorney Cherof read proposed Ordinance No. O91-35 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-lA (SINGLE FAMILY RESIDENTIAL) TO REC (RECREATION), PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." 17 'MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 Mr. Cutro did not believe this parcel was being used for anything at the present time, nor does the City have any plans to expand any buildings onto portions of the park. This rezoning was recommended unanimously by the P&Z Board. Mayor Weiner asked whether anyone in the audience wished to be heard. There was no response, and THE PUBLIC HEARING WAS CLOSED. Vice Mayor Harmening moved to adopt Ordinance No. 091-35 on final reading, seconded by Commissioner Aguila. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Vice Mayor Harmening - Aye Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Aye Mayor Weiner - Aye Motion carried 5-0. 10. Proposed Ordinance No. 091-36 Re: Amend Chapter 4, Article II, reference Dogs - Creating a new section entitled "Damage to Property by Animals" (Pooper Scooper) City Attorney Cherof read proposed Ordinance No. 091-36 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 4 ARTICLE II. DOGS. BY DELETING SECTION 4-39. ENTITLED "DAMAGING PROPERTY OF ANOTHER." IN ITS ENTIRETY AND CREATING A NEW SECTION 4-39 ENTITLED "DAMAGE TO PROPERTY BY ANIMALS; ANIMALS PROHIBITED FROM CITY-OWNED PARK OR RECREATION AREA; PENALTY"; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 4, ARTICLE II, NOT SPECIFICALLY HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CON- FLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Mayor Weiner asked whether anyone in the audience wished to be heard. John A. Znabor, 3 Dalton Place, Boynton Lakes North, told of a problem he had with a woman because of her dog, and he urged the Commission to pass this Ordinance. 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. Mot i on Commissioner Aguila moved to adopt Ordinance No. O91-36 on final reading, seconded by Vice Mayor Harmening. Commissioner Artis asked what is being done to enforce the leash law. Vice Mayor Harmening asked how the City proposes to enforce this Ordinance. City Manager Miller answered that in order to enforce both the leash law and this Ordi- nance, the violation must be seen by either a Police Officer or a Code Enforcement Officer. Police Chief Hillery confirmed that was correct and stated misdemeanors are enforceable only if an Officer observes them while they are happening. He further explained. Valerie McKinley, 1402 South Seacrest, said a pit bull with- out a leash runs past her yard. Commissioner Artis questioned whether photographs would take care of the requirements for enforcement. City Attorney Cherof answered not for processing the charge. He advised that a number of cities deal with this by having these types of violation proceed through the Code Enforcement Board. Iit takes awhile to accomplish the end result, but it works eiffectively. Mr. Znabor did not believe Police should be taken away from ~omething important just because a dog did something on someone's sidewalk. There was further discussion about the enforcement of this Ordinance. City Attorney Cherof suggested the next time Mr. Znabor encounters this problem, hie should take notes, write down the time of the occurrence, a description of the people and animal involved, and contact him. He will explain how to process it so it will get before the Code Enforcement Board. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Motion carried 5-0. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 11. Proposed Ordinance No. O91-37 Re: Rescind Advisory Board Ordinance requiring all ratifications by City Commission City Attorney Cherof read proposed Ordinance No. 091-37 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING ORDINANCE NO. 091-14, WHICH ORDI- NANCE AMENDED ARTICLE I OF CHAPTER 2 OF THE CODE OF ORDI- NANCES BY CREATING A NEW SECTION 2-17; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Mayor Weiner asked whether anyone in the audience wished to be heard. In response to an inquiry from a woman in the audience, City Attorney Cherof and Mayor Weiner explained the Ordinance and its purpose. As no one wished to be heard, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Harmening moved to adopt Ordinance No. O91-37 on final reading, seconded by Commissioner Aguila. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Artis - Aye Commissioner Matson - Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Aguila - Aye Motion carried 5-0. B. Ordinances - 1st Reading: 1. Proposed Ordinance No. 091-38 Re: Establishing a returned check charge of $15.00 or 5%, whichever is greater City Attorney Cherof read proposed Ordinance No. 091-38 on first reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A SERVICE FEE FOR THE COLLEC- TION OF DISHONORED CHECKS, DRAFTS OR OTHER ORDER FOR THE 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 PAYMENT OF MONEY TO THE CITY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE" Mot i on Commissioner Aguila moved to adopt Ordinance No. O91-38 on first reading, seconded by Vice Mayor Harmening. Commissioner Artis asked whether there has been a large number of returned checks. City Manager Miller answered that the City averages 35 checks a month, which costs the City administrative time. Commissioner Artis inquired whether the checks go through more than once. Diane Reese, Assistant Finance Director, replied that they go through twice. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Matson - Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Aguila - Aye Commissioner Artis - Aye Motion carried 5-0. DEVELOPMENT PLANS B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD 3. Topper's Bar-B-Q (CONTINUED) (See page 8 of these minutes for beginning of this item.) After a proposal made by Mr. Davis and comments by Commissioner Aguila, Ric Parella, Owner, 512 North Federal Highway, stated he wanted to keep the counterclockwise direction. He showed which two parking spaces he would eliminate so there would be a cut through from one parking lot to the other. Mr. Parella stated cars could then go back out onto Federal Highway without any cross traffic. He will be gaining eight parking spaces by eliminating Lou's Subs. Mr. Parella said he will gladly eliminate two parking spaces for the safety feature of not having to cross traffic. If he has to go to the expense of paving the alley, he will eliminate the exits in the back of the parking lot. There 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 is nothing wrong with the alley now, and Mr. Parella could not see why it should be paved. Commissioner Aguila asked if the traffic would only be one way. Mr. Parella answered, "Correct." The proposal was agreeable to Commissioner Aguila. Mr. Cutro said the City would work with Mr. Parella to get the maximum number of parking spaces there. He said he would have the applicant make the changes on the plan. Commissioner Aguila moved to approve the site plan, subject to staff comments, and to the comments made here tonight. Vice Mayor Harmening seconded the motion, and the motion carried 5-0. C. Resolutions 1. Proposed Resolution No. R91-90 Re: Easement Agreement (revised) - Jamaica Bay Sewage Forcemain City Attorney Cherof read proposed Resolution No. R91-90 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVISED SEWAGE FORCEMAIN EASEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, JAMAICA BAY, INC. AND FLORIDA POWER & LIGHT COMPANY; A COPY OF SAID REVISED EASEMENT AGREEMENT IS ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE" Vice Mayor Harmening moved for the adoption of proposed Resolution No. R91-90. Commissioner Artis seconded the motion, and the motion carried 5-0. 2. Proposed Resolution No. R91-91 Re: Contract for E.M.T. student ridership between City of Boynton Beach and School Board of Palm Beach County City Attorney Cherof read proposed Resolution No. R91- title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY AND CITY OF BOYNTON BEACH FOR EMERGENCY MEDICAL TECHNOLOGY EDUCATION; SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING FOR AN EFFECTIVE DATE" Vice Mayor Harmening moved for the adoption of Resolution R91-91, seconded by Commissioner Matson. Motion carried 5-0. 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 3. Proposed Resolution No. R91-92 Re: Florida Power & Light Easement Request - West Water Treatment Plant City Attorney Cherof read proposed Resolution No. R91-92 by title Only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA POWER & LIGHT; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE" Vice Mayor Harmening pointed out the maintenance on the well Site would be directly under the primary FPL wants to put through the easement, and he thought the City would have problems. Instead of being covered, he said it should be capable of being totally degenerized. Mike Kazunas, P.E., Utilities Engineer, had discussions with the designer for FPL as to whether he would put two disconnects there. It is in a grid system, and he understood FPL would disconnect that one section and not lose any other services. Vice Mayor Harmening thought that should be a condition of the granting of the easement. Vice Mayor Harmening inquired whether there would be a prob- lem with the County because of the Live Oaks FPL does not like in the easement. John Guidry, Director of Utilities, did not think there would be a problem. Vice Mayor Harmening moved to adopt proposed Resolution No. R91-92 with the provision that the granting of the easement be contingent upon the primary being able to be totally degenerized, at the City's request. Commissioner Matson seconded the motion, and the motion carried 5-0. 4. Proposed Resolution No. R91-93 Re: Water Service Agreement for New Excalibur, Inc. a/k/a Farm Stores (southwest corner of Hypoluxo Road and Washington Road) "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A WATER SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND NEW EXCALIBUR, INC.; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE" 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 Vice Mayor Harmening moved the adoption of Resolution No. R91-93, seconded by Commissioner Aguila. Motion carried 5-0. 5. Proposed Resolution No. R91-94 Re: Storm Water Permitting N.P.D.E.S. Interlocal Agreement between City of Boynton Beach and Northern Palm Beach County Water Control District "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT; A COPY OF SAID INTERLOCAL AGREEMENT IS ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE" Commissioner Aguila moved the adoption of Resolution No. R91-94, seconded by Commissioner Artis. Motion carried 5-0. 6. Proposed Resolution No. R91-95 Re: Interlocal Agreement Appendices for FY 91/92 (between Palm Beach County and the City of Boynton Beach) establishing projects and E-911 funding levels for the coming fiscal year "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE APPENDIX FOR FISCAL YEAR 1991/92, TO BE ATTACHED TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, EXECUTED ON NOVEMBER 6, 1990; A COPY OF SAID APPENDIX IS ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE" Bernandine Clark, 1521N. E. 1st Street, asked that the Resolution be explained. After an explanation by Hugh' McCaffrey, Communications Manager, it was discovered that Ms. Clark's question concerned a community development project. Carrie Parker, Assistant City Manager, came forward to speak with Ms. Clark. Commissioner AgUila moved the adoption of Resolution No. R91-93, seconded by Vice Mayor Harmening. Motion carried 5-0. Commissioner Aguila moved to approve Resolution No. R91-95 7. Proposed Resolution No. R91- Re: Appoint voting delegate and alternate to Palm Beach County Municipal League This item was deleted from the agenda. APPROVAL" for explanation.) (See .page 1, "AGENDA 24 MINUTES - REGULAR CITY COMMISSION MEETING BoYNTON BEACH, FLORIDA JUNE 4, 1991 8. Proposed Resolution No. R91-96 Re: Barge Rental "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND S & B MARINE ENGINEERING, INC., PROVIDING FOR THE RENTAL OF A SPUD BARGE FOR THE PURPOSE OF STAGING A FIRE- WORKS DISPLAY ON JULY 4, 1991 AT BOYNTON INLET PARK; A COPY OF SAID CONTRACT IS ATTACHED HERETO AS EXHIBIT 'A"; AND PROVIDING AN EFFECTIVE DATE" Mayor Weiner stated the backup the Commission previously had was for a cost of $5,200. Vice Mayor Harmening was able to find a barge for $3,000, which saved the City $2,200. Vice Mayor Harmening moved to approve the Resolution, seconded by Commissioner Aguila. Motion carried 5-0. THE COMMISSION TOOK A RECESS AT 8:55 P. M. resumed at 9:07 P. M. The meeting D. Other Citrus Glen Limited Partnership - Construction of Miner Road (east of Lawrence Road) (See page 1, "AGENDA APPROVAL" for beginning of this item.) 1. Negotiations with Architect re Contract for Refill Program City Attorney Cherof was requested by Johnnetta Broomfield, Director of Community Improvement, to request authorization from the Commission to negotiate a contract. However, he noticed the Commission had not yet short listed the Archi- tects, so he felt this would be premature. Vice Mayor Harmening moved to DELETE this item from the agenda, seconded by Commissioner Aguila. Motion carried 5-0. OLD BUSINESS A. Authorization to bid towing service for City of Boynton Beach Maurice Rosenstock, 1 Villa Lane, did not know who promul- gated the idea of rotaing towing services among several 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 companies. Commissioner Aguila responded it was him. Mr. Rosenstock said anyone who has a garage or is in the towing or auto body business who would favor that idea could be told their idea is tainted and it could be classified as invalid, as it could be a way for them to seek more funds. When you have multiple towing companies, he said the paper- work can become horrendous. If there is a two or three car accident, Mr. Rosenstock questioned who would be called and where the cars would be taken. He also wondered how the Police would investigate the cars if they were taken to different places. Mr. Rosenstock thought the City should take the best bidder with the best services and use that one company. He further commented about the complications there could be if there were several towing companies. At the last Regular Commission meeting, Commissioner Aguila recalled the agenda item was to extend the contract for two months and issue a new contract for bid. He thought in the past the rotation process had insurmountable problems, but he believed and had enough confidence in the City's Computerized system to think it was a resolvable problem, if one acknowledged it was a problem. At the meeting referred 4o, Commissioner Aguila tabled this item and requested that ~he City Manager provide him with a report on the pros and cons of rotation versus no rotation. He expressed his disappointment in the report and stated he knew a report Prepared by the Palm Beach County Sheriff's Office would have made the concept of rotation not so bad. However, that report did not get into the Commission's agenda packets. Commissioner Aguila elaborated about requests for infor- mation from the City Commission to the City Staff. Commissioner Aguila thought they should listen to what they Should have gotten from the report from people who were present that had something to say. He further suggested ~hey consider a workshop with the towing companies, the Police Department, Code Enforcement, and the people involved in the system to find out if the idea of rotation has merit. At the very least, Commissioner Aguila asked that they come out with a contract that is fair and makes sense. He knew ~hat of the 36 municipalities in Palm Beach County, only 10 do not have rotation. Police Chief Hillery apprised Commissioner Aguila he had a Significent part in the report that was provided. He was instructed to check municipalities, not the Sheriff's 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 Department or the Florida Highway Patrol. When Police Chief Hillery considers municipalities, he likes to consider muni- cipalities the size of Boynton Beach. He has been here for 22 years and has watched the City grow from a size of 13,000 people to where it is today. As Police Chief, Police Chief Hillery said it is his responsibility to provide the Commission with the informa- tion that addresses the issues in question. What a small city of 6,000 or 7,000 people does would not be germane to the problem the Commisison was talking about. Commissioner Aguila agreed with Police Chief Hillery that history is the best predictor of the future. Police Chief Hillery said he approached this with what the City went through with the rotation system, whether it is computerized or not makes no difference. Police Chief Hillery said it is still a matter of logistics and man hours. Police Chief Hillery reminded Commissioner Aguila the City is laying people off and trying to get things done as efficiently as possible. It was incredible to him that the City would regress to where it was 13, 14, or even 10 years ago and take its lead from cities smaller than Boynton Beach, who would like to have the City's process. Police Chief Hillery advised that the Town of Palm Beach moved out of the rotation system to a single provider process. Police Chief Hillery emphasized the City would be making a terrible mistake if they went to the rotation system. The workload that would be placed on his department would take UP at least 1/2 a person or a whole person. The Palm Beach County Sheriff's Department has one person whose sole duty for a salary, benefits, etc. is trying to keep up with where things are going. He is harried, to say the least. Police Chief Hillery was trying to avoid that. He expounded about the State of New Jersey, an Ordinance relating to towing that is to go into effect here, the rotation system, towing charges, and bids. Police Chief Hillery informed the Commission that the City is not at the level of doing what Commissioner Aguila was saying could be done. He has recently taken over the responsibility from Code Enforcement for junk cars. Police Chief Hillery elaborated about the work that would be involved with assignments because of rotation. He referred to Lantana, who has 12 wreckers on rotation. The Police Chiefs of both Lantana and Lake Worth would prefer to have Boynton Beach's system. 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 There were further comments by both Commissioner Aguila and Police Chief Hillery. 'Police Chief Hillery told Commis- sioner Aguila it was his professional opinion that the night- mare the City experienced in 1979 would be re-experienced now with the rotation system. He did not want his Officers spending more time at an accident scene, waiting for someone to come up with the right truck. Part of his job is to make sure the roads are open. Police Chief Hillery also did not want his cops on the roads, subjected to being hit in the middle of the night by someone while they are directing traffic at an accident scene. Police Chief Hillery also had a problem because he does not have a central compound. He referred to the loss of man hours and efficiency there would be in investigations if there were 13 wreckers taking cars within the radius of the City. Police Chief Hillery stated one of the City's quali- fications in the bid process is a compound that meets certain qualifications within the City of Boynton Beach and is manned 24 hours a day by a Dispatcher. The City's contract is very clear. The towing companies cannot be involved in repairs or mechanics. Police Chief Hillery explained the reason for this and stressed that the rotation system was not the way to go. Commissioner Aguila wanted to make sure the contract was fair. Police Chief Hillery stated he was talking concept PERIOD. Vice Mayor Harmening remembered the problems the City had with the rotation system in 1979. Wilfred Hawkins, ~ssistant to the City Manager, confirmed that the City's Dispatch Center does not have the kind of computer system that would be needed for a rotation system. It would cost ~rom $300,000 to $400,000 to put in a computer system. The City simply provided the information in the report~furnished to the Commission based on research and past experience. Mr. Hawkins stated the City did not find a lot of advantages of having the rotation system. Magazine articles from the magazine towing companies subscribe to only had one article With an advantage, and that was the fairness of everyone getting a shot at the business and the simplicity of rota- tlion. Mr. Hawkins said the contract was revised again. It was compared to the contracts of Boca Raton, Delray Beach, West Palm Beach, Lantana, Lake Worth, and a city from Broward County. The City's contract is in line with the language, 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 specifications and qualifications in those contracts. Commissioner Aguila did not argue that, but there were two things he did argue. One was the idea of automatic annual renewal, which he was against. The other was the listing of equipment. Commissioner Aguila referred to the Class B Flat- bed Wrecker with 20-25 thousand rating GVW, which he said is not a standard piece of equipment. He knew of only one company in town that had it, which meant that would exclude everybody else. That was what he meant by unfair. Commis- sioner Aguila stated some things needed to be refined. Mr. Hawkins agreed, saying the City Staff believed the contract should be looked at more and the specifications for equip- ment should be tightened up. Mr. Hawkins informed the Commission that the City Staff is aware of the new State Statute that outlines the City's ability to regulate rates. Granting of the. contract is based on the rate schedule provided by a towing company when the City goes out to bid. Commissioner Matson asked if there was a reason why a Class B Flatbed Wrecker with 20-25 thousand rating GVW is to be considered. Based on its experience, Mr. Hawkins said the City found a flatbed is one of the best and more customer satisfied ways for towing. Commissioner Aguila wanted to hear differently. Mr. Hawkins stated the City wants to move forward and feels it would be stepping back to consider rotation without the necessary computer equipment. The City does not have the necessary computer equipment, and there are other priorities in the City that need automation now. The rotation system could not be done in the expedient and efficient manner that was suggested. Commissioner Artis asked whether Police Chief Hillery said "yes" or "no" to the fact that only one company would qualify. Police Chief Hillery replied that he did not know. Commissioner Aguila stated he could be wrong. If so, he wanted to know. Alan Knop, 647 S. W. 4th Avenue, was informed by Mayor Weiner that the Commission had his recommendations. Mr. Knop replied that several of his points had been covered. When City Hall was built, the communications section was the first one to move in. The computer system was to redo things and make things quicker. Mr. Knop was surprised the dispatching system was not computerized. He assumed when 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 someone called in and an Officer was dispatched, whether it was for a break-in or an accident, it would be in the computer and a case number would go with it. He stated Police have come to his company for investigations. They usually have a case number and call ahead. Mr. Knop apprised the Commission that no companies are presently based in Lantana. The rotation system is only a year old in Lantana. Mr. Knop said his company was told by the Officer in charge of the list of companies Lantana has that the Police Chief had opened it to all people who wanted to be on it. There was no discrimination, and they ended up with 13 companies. Everything is taken out of Lantana, because they do not tolerate any junk. Mr. Knop said the Towing Industry's Manufacturing Association has a Standards Committee. Equipment is built to work with- in classes, and they usually have a wide latitude. The two pieces of equipment the City has in its new contract are at the very high end. Because the man who bought the equipment chose to do that, Mr. Knop asked why it should exclude every- body else who already has equipment which works in that class. Referring to the New Jersey situation mentioned by Police Chief Hillery, Mr. Knop stated it worked in New Jersey but ils being challenged around the country. He told the Commis- sion the magazine articles written by John L. Hawkins, II were null and void at this point. The other article was written by Michael McGovern, who had experience in the tiowing business. Mr. Hawkins did not have that experience. Mr. McGovern wrote that a well written, well administered r!otation system works real well. Mr. Knop continued by saying most of what everybody was talking about happened a decade ago. He referred to the reports from the Palm Beach County Sheriff's Office and Florida Highway Patrol (FHP) and said they were complete ~ith well written sets of rules. Mr. Knop agreed with ~olice Chief Hillery that they have a man assigned to their riotation systems, but a man is needed because of the amount of ground they cover. Mr. Knop said the City's contract has a good set of basics, but he did not think anybody was assigned to a one on one to miake sure the basics work. He was sure the Commission would hiear about it. Mr. Knop referred to fighting among drivers alnd the investigation situation. He again called attention 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 to the Sheriff's Department, the FHP, and rotation system and advised if there is a three car accident, the company at the top of the rotation list will respond and take all three vehicles to the same compound. Mr. Knop informed the Commission that Boynton Beach only has about five companies, and they all have established com- pounds. They are now working under rotation systems and go- lng by the rules. The rules they are working under are on a higher power than the Boynton contract. That was why Mr. Knop felt this should be done through a workshop. If this situation had not come up, the City's contract would have gone through for a 5th year. Mr. Knop said the City's contract has gone to complacency Mayor Weiner interrupted to tell Mr. Knop the Commission had his package and read it. She added that because something happened in the past did not mean it would happen now or in the future. Mr. Knop knew the contract had worked well for the Police Department, but that did not mean the citizens were getting the best deal. He thought it should be checked and policed tighter. He was in favor of the rotation system because it would spread the towing among the local business people. When there is a rotation system, all of the other companies are looking over the other company's shoulder. Without the computer system, the manpower, and the money to spend, Commissioner Matson questioned whether this was a waste of everybody's time to keep discussing this. When the City undertood this building program, City Manager Miller said because of construction costs and the lack of funding, a lot of things had to be scaled back. The way the City's budget is now, unless some big dollars come in, it would be hard to finance the computer system that would be needed right now. Mr. Hawkins added that the City is working with less people. The City's central communication system is busy answering Police, Fire, Public Works, Utilities, Parks and Recreation, and EMD calls. The people in Communications do not have time to be worried about rotation lists. Commissioner Aguila commented that maybe the idea of rotation did not need to be discussed, but he wanted the contract to be as tight as it should be. Mr. Hawkins thought there was enough research information to come up with current specifi- cations that the wrecking district could live with. 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 There was discussion about three car accidents, where the cars would be towed, and a rotation list. Drew Zuccala, 633 East Industrial Avenue, has had the contract they were talking about. He pointed out that for the past four years, the City has not paid any towing charges, which saved a minimal amount of $15,000 to $20,000 a year. If there is a five car accident, Mr. Zuccala said a lot of the companies wanting to go to the rotation system do not have five trucks, so the City would have to go to seperate towing services to get the remainder. This happens for the Sheriff's Department and the FHP. Mr. Zuccala stated the City bought rescue equipment in the last two or three years that cannot be towed. It has to be wheel lifted or flat bedded. Zuccala provided that service without say- ing it could not be handled. There has been nothing the City has thrown at Zuccala that they could not handle. Commissioner Aguila had a problem with the contract saying Zuccala was not to charge the City for towing. He cannot accept something from Mr. Zuccala as a politician, and he did not think the City should leave that example and accept free towing. Commissioner Aguila noticed that was not in the current contract. The minimum number of vehicles he saw in the new contract was seven. Commissioner Aguila did not know that the City has had in the last ten years five acci- dents requiring seven tow trucks. Mr. Zuccala responded the City would be dealing with a towing service that would not be doing just City towing, so they have to have a lot of equipment. They could be responding to an FHP or Sheriff's call. Commissioner Aguila responded that was a valid'point. David Floering, 2616 N. E. 3rd Street, stated that the City tags 25 junk cars a day. There is no way one towing lot, including Zuccala's, can handle that many cars. Junk cars have to be held for 35 days, so Mr. Zuccala could have as many as 70 junk cars in his lot at one time. The junk cars do not get collected in a timely fashion by Mr. Zuccala. Mr. Floering said if the Commission would check with Code Enforcement, Zuccala is now 25 days behind in picking up abandoned cars, which comes out to cars sitting there 40 days. By having this contract, the City eliminates the com- Petition between smaller companies. Mr. Floering named Small companies that have gone out of business because they Cannot compete. Police. Chief Hillery asked whether anyone saw an exhorbitant ~umber of junk cars when they took the bus tour through the 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 City. He received an answer of "No" from the Commission. Police Chief Hillery said junk cars sit there because of a process they go through. He elaborated about junk cars, the City wanting compliance, and the Town of Lantana's process. When making their decision, Police Chief Hillery asked the Commission to realize and keep in mind that each City has its own particular problems. John White, 812 S. W. 1st Court, representing Eagle Towing and Recovery of the Palm Beaches, Inc., informed the Commis- sion that the current contract eliminates all the companies that have businesses in Boynton Beach, and he felt it was unfair. Eagle is currently on seven 'rotation lists. Mr. White stated there are quite a few abandoned cars that come from Lantana. He told the Commission that Lantana does not have a computerized system, and he did not believe they had a difficult problem. The Sheriff's Department and the FHP have solved the problem of two or three companies going to one accident scene. As far as compound lots being through- out the city, Mr. White believed there were only two lots where the cars would be. He felt the package was tainted the way it was presented to the Commission, as it was lean- ing toward one direction instead of giving the information in a weighted manner so the Commission could make its own decision. Mr. Hawkins said the City wants to get the best, most quali- fied service. The City sympathizes with small businesses that cannot make it, but it must be concerned with the services it needs and desires. Commissioner Aguila suggested they look at the contract and give the towing company operators the opportunity of their input before making a decision. Commissioner Matson asked City Manager Miller about the experience he had with rota- tion systems in other cities he had worked in. City Manager Miller replied the problems he had were elaborated on by the Police Chief. His concerns were logging, recordkeeping, uehicle storage, and other confusions. The biggest problems City Manager Miller received were from residents or indivi- duals visiting the City whose cars had been towed. They had no idea where their cars were, and they were given the run- around. Departments did not have a firm answer, so they fiiltered up to the City Manager's Office. Two of the cities eliminated the rotation system and went to a strict contract because of that. City Manager Miller felt the City should get involved in r!egulating rates, when a person is in an accident and 33 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 towed, that rate'is covered. However, when the individual picks his car up, he is hit with a massive storage rate. City Manager Miller urged the Commission to check with some of the problems Fort Lauderdale has had. He recalled one of their biggest problems was based on rates. City Manager Miller wanted them to look at what is fair and equitable. He had no problem with giving this to smaller or medium Sized businesses if the City could accommodate that. City Manager Miller informed Commissioner Artis the Commission could set the storage rates within a maximum guideline, and he strongly suggested they do that. He explained the reason for the equipment requirements and told Commissioner Artis the Commission could get involved with split contracts. City Manager Miller further elab- orated about equipment. The only thing Commissioner Artis Was opposed to was the automatic renewal of the contract. City Manager Miller responded that the City could get rid of that. He did not believe they should go beyond three years, and he gave his reasons. Commissioner Artis left the dais. Discussion ensued as to what action the Commission should Pursue. Commissioner Matson wanted to eliminate the thought of rotation. Mayor Weiner thought there should be a ~onsensus on the thinking of the Commission. Commissioner Aguila wanted the towing companies to have input on the Contract. He also wanted the Commission to look at the Contract one more time to make sure it was as tight as it needed to be before going out to bid. City Manager Miller Stated the City would see if it could incorporate any of the ideas in the contract to make it fair and equitable and to answer concerns. Mayor Weiner understood the City Manager would come back with a draft contract by the next meeting of the Commission. The consensus of the Commission Was that rotation would be eliminated. Commissioner Artis returned to the dais. B. Selection of Investment Banker and Bond Counsel - Refunding Recreational Facilities Revenue Bonds, Series 1984 (Golf Course Issue) City Manager Miller said the City had proposals from three investment banking services: Smith, Barney, Harris, Upham & Company, Inc.; William R. Hough & Company, and Raymond james & Associates. Proposals for Bond Counsel were from 34 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, in conjunction with Weiss and Handler of Boca Raton, and Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P. A., West Palm Beach. Each company excells at its work, and City Manager Miller said the City Staff would have no problem with the Commission's selection. Investment Banker City Manager Miller said the submittal by Raymond James got involved with callable bonds and a full defeasance. He explained that full defeasance is going for a whole new bond issue relative to a refunding of the full bond issue rather than going from callable bonds. City Manager Miller wanted to get the lien off the public service tax. He understood this issue could only be refunded one more time. The initial issue will be up in the year 2004. In response to questions by Commissioner Aguila, City Manager Miller referred him to page 3 of his memorandum No. 91-150, and he called attention to the "Underwriter's Discount (Per Bond)". Smith Barney was at $10.63, which included the Underwriter's Counsel. The cost would come out to about $42,520. William R. Hough did not include the Underwriter'.s Counsel, but their total would come to $34,200. An Underwriter's Counsel is somewhere in the neighborhood of $5,000 to $10,000. City Manager Miller said the Commission could look at $7,500 as an average. Raymond James had the callable bonds and full defeasance. The full defeasance would be a figure of $38,800. Commissioner Matson had asked former Vice Mayor Bob Olenik for his help with these figures. She explained that some of tihe figures given by the City were rated without insurance, and some were for different bond amounts. The investment banking services were all within between $500 and $700. City Manager Miller stated they were around the $42,000 figure. Vice Mayor Harmening believed the Finance Depart- ment, who had worked with them, seemed to prefer one over another. Commissioner Matson saw no recommendations from tlhe City Staff. The Commission asked Diane Reese, Assistant Finance Director, what the Finance Director's recommendation was. Ms. Reese thought Mr. Swann was going on past experience. He felt they were all qualified. Based on who the Department ~ad dealt with, Smith Barney did the City's past bond issue, and that was who they recommended. City Manager Miller 35 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 pointed out that William R. Hough did several issues years ago and worked admirably with the Finance Department. Vice Mayor Harmening commented about William R. Hough & Company. Mayor Weiner asked whether the Commission wanted to hear presentations. Vice Mayor Harmening was ready to make a motion. Commissioner Aguila was prepared to act on the information provided to the Commission and make a motion. Since the gentlemen present had sat for three hours, Commissioner Matson felt they should be allowed to make presentations. Bob Olenik, former Vice Mayor, 29D Crossings Circle, asked the Commissioners to list the order of their preference, first, second or third. That would be easier than making a motion, and they could weigh each of those. Mayor Weiner said they would do that. Arthur*Zibb, Vice President of Public Finance, Raymond James *Should be Ziev. See & Associates, 2202 Chadwick Court, Boynton Beach, thought there were two factors which he hoped would lead the Commis- siion to select Raymond James. Raymond James took the time and effort to identify three alternate ways to perform the redunding. Of those, one provided substantially higher savings than the other three. The City Manager determined it would be in the City's best interest to perhaps not use that approach. Raymond James was not aware that one of the Objectives was to eliminate the lien. Mr.*Zibb said Raymond James' fee for doing a full defeasance is $9.70 per 1,000, which the company will be committed to. There will be no change, based on market conditions. He further stated their fee, including Underwriters' Counsel, was the lowest. Mr.*Zibb was surprised the Commission would look to Mr. Swann's recommendation when Mr. Swann was not present. He thought Mr. Swann was aware of the fact that he (Zibb) did a number of bond transactions for communities in Palm Beach County. Mr. ~ibb thought Mr. Swann would say all three firms are equally capable. He asked the Commission to look at the work they have done to date. They identified ~he mechanism that would provide the highest savings. If the first lien cannot be released, Mr. ~ibb said it would be in the City's best interest to go back to it. He also asked them to look at Raymond James' firm commitment to do it at the lowest possible fee. 6/18/91 Minutes. 36 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 With regard to the fee and equalization of the inclusion of t~he Underwriter's Counsel, a representative of William R. Hough & Company said the function of the Underwriter's Counsel is to represent the legal interest of the Underwriter and to safeguard the Underwriter. After elaborating, he stated William R. Hough is confident in its ability to con- duct the transaction without the use of Underwriter's Coun- sel. They have in-house Attorneys with securities experi- ence and have conducted several transactions in the area, including West Palm Beach. They are currently conducting a transaction for the Town of Ocean Ridge, and they did a transaction for St. Lucie County without the use of Under- writer's Counsel. Their fee proposal of $8.55 per bond includes all costs, including due diligence and the legal review an Underwriter's Counsel would take. If the Commis- sion wishes to include Underwriter's Counsel, William R. Hough will be happy to work with any firm. The representative believed William R. Hough & Company was the only firm to identify an innovative escrow security Substitution, in addition to the straight refunding of the City's 1984 bonds, that will give the City an additional ~12,000 in cash when the City closes the transaction, in addition to the refunding savings. He explained how that happened ~ The representative stated he believes there are differences in bond prices and abilities of firms. If the Commission Wanted to look at the record of what firm can produce ~he lowest possible interest cost for its client, a good bench- mark is competitive sales in the State of Florida. In each Of the last four years, William R. Hough & Company has led the State of Florida in the number of competitive deals they bought. They are leading the State this year by a large margin. The representative thought it was misleading to say Whoever gets the deal, the bonds will be priced at the market On that day. There are differences in a firm's ability to price bonds at interest rate levels that are advantageous to ~he City. The representative felt William R. Hough's record T f achievement in competitive bond sales would translate nto lower interest costs for the City. ~ichael Holt, Smith Barney, was fully aware of the portfolio Substitution technique and stated it was one thing they roposed when they did the utilities issue last year. Those echniques along with the transfer of proceeds penalty that as imposed when you do a refunding of a refunding are sub- ject to a Bond Counsel's interpretation and approval. They 37 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 ran their numbers very conservatively in order to show numbers that would only get better. Mr. Holt felt the Commission's selection should be based on the firm they believe will provide exceptional service and will keep the City Staff's time to a minimum, that will be able to structure the financing so there is a sound security package which includes the release of the public service tax lien. He stated their security proposal talks about a substitute for the public service tax. Mr. Holt disagreed with the gentleman from William R. Hough that the Underwriter is the only one at risk if you do not use an Underwriter's Counsel, as he believed the City would be at risk too. They would be using Frank Brady as their Underwriter's Counsel. Mr. Brady was present and could tell the Commission what the risks are. Mr. Holt advised that Smith Barney has also done small issues without an Underwriter's Counsel. When you do not have a Financial Advisor for the City, the Underwriter has a fiduciary responsibility to serve in that capacity. He did not believe it would be in the City's best interest to take that risk. Mr. Holt said it is Smith Barney's responsi- bility to not only get the lowest interest rate on the bonds when they are marketed but to pick the date at which the City should go into the market to get the lowest interest rate. That is what they did for the City's utilities issue, Delray Beach on the sewer improvement, Lake Worth, and other PalM Beach County clients. Mr. Holt expounded about Smith Barney's clients, experience and performance. He stated he is the City's banker until Smith Barney is replaced. Mr. Holt asked the Commission to consider allowing him to Stay as the City°s banker, for Smith Barney to stay as the City's firm, and to give them a chance to show again how well they can perform with Boynton Beach bonds. Instructions Regarding a Closed Ballot City Attorney Cherof advised a closed ballot would be OK. Mayor Weiner announced the majority of the Commission's first choices would be #1. City Attorney Cherof added that the Commission Members votes must be identifiable in case they are questioned later. Bond Counsel Carrie Parker, Assistant City Manager, said two proposals were received. Greenberg, Traurig, Hoffman, Lipoff, Rosen 38 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 & Quentel submitted as co-counsel with Weiss and Handler for a fee of $16,000 including expenses. Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P.A. submitted a fee of $10,000 plus expenses as incurred not to exceed $2,500, which resulted in a maximum fee of $12,500. Howard Whitaker, Esq., Greenberg, Traurig, had been the Bond Counsel for the City for a number of years, prior to joining the firm of Greenberg, Traurig. He thought they were the leading Bond Counsel firm in the State of Florida. Their firm approved the City's General Obligation Bond issue. They were replaced during former Mayor Gene Moore's adminis- tration. Mr. Whitaker stated they would be willing to meet any fee proposed by any other firm. They were desirous of once again representing the City. John Flanigan, Esq., Senior Partner, Moyle, Flanigan, was present with his partner, Mark Raymond, stated they have served as the City's Bond Counsel for the past three issues. All of their bond lawyers are located in West Palm Beach. He and Mr. Raymond have served as Bond Counsel for 32 issues in Palm Beach County. They are experienced and responsive. Mr. Flanigan recalled a turbulent night when the City Attorney was removed and they were asked to serve as the City's Interim Counsel for six weeks. Mr. Flanigan said Moyle, Flanigan would be happy to continue representing the City. Vote on Investment Banker City Manager Miller advised Smith, Barney, Harris, Upham & Company, Inc. received all five votes. Raymond James was the Commission's second choice. Commissioner Aguila moved, seconded by Commissioner Matson, to select Smith Barney as Investment Banker. Motion carried 5-0. Vote on Bond Counsel City Manager Miller announced the vote was 4-1 for the firm of Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P.A. Commissioner Aguila moved to select Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P.A. as Bond Counsel, seconded by Commissioner Artis. Motion carried 4-1. Vice Mayor Harmening cast the dissenting vote. 39 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 C. Senate Bill 2000 - Added by City Manager Miller City Manager Miller informed the Commission that this Bill was approved by both the House and the Senate. Governor Lawton Chiles vetoed the Bill, but he called the Legislature back into Special Session for Thursday, June 6th. The Florida League of Cities advised there may be an attempt to override the Governor's veto on this Bill. City Manager Miller wanted authorization from the Commission to send a letter to the delegation tomorrow to not override the veto. City Manager Miller said the City Staff felt the Bill had several matters which were never handled through delibera- tions or discussions with the cities and counties in the State. Until that is handled, the City Staff did not believe a mandate bill should be placed on the law books. Mayor Weiner guessed this did not turn out to be the Bill the City had hoped for. Commissioner Aguila moved to authorize the City Manager to Write the City's Legislators to prevent the overturning of the veto. ~Commissioner Matson seconded the motion, and the motion carried 5-0. NEW BUSINESS C. Commission Districts (Redistricting) In April, 1984, the Districts were established based on the population figures. The City has grown towards the west, and its population demographics have changed. City Manager Miller said the need for redistricting may be warranted. Should the Commission direct, the City Staff would proceed With population studies and the demographics and come back to the Commission with the information, so they could make those decisions. The consensus of the Commission was that the City Staff Should proceed as City Manager Miller suggested. B. Items for discussion requested by Mayor Arline Weiner 1. Advisory Board on Children and Youth Mayor Weiner wished to table this, as she was more interested in getting the Education Advisory Board started. Commissioner Matson moved to TABLE this item, seconded by Commissioner Aguila. Motion carried 5-0. 40 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 C. Items for discussion requested by Commissioner Lynne Matson 1. Under $100,000 administrative approval policy. .TABLED Commissioner Matson moved to remove this item from the table, seconded by Commissioner Aguila. Motion carried 5-0. At the last Community Redevelopment Agency meeting, Commissioner Matson said a couple of things were mentioned that disturbed her, and she thought they disturbed two other *by the Members of the Commission,* It came out at the meeting that cc~ents that a number of satellite dishes were approved on top of roofs were made. along Federal Highway. Commissioner Matson felt certain See 6/18/91 City departments wanting to put satellite dishes on roofs and gas stations on every corner do not understand what Minutes. ~his Commission's vision for the City is. She thought it was dangerous for the Commission not to see items that are under $100,000. Commissioner Matson explained how a site Could be done in phases of $99,000 until it ends up being $300,000 without coming before the Commission. Commissioner Aguila elaborated about the process for proj- ects under $100,000 and gave an example of the "cage" at McDonald's. He stated it is ugly and too close to a busy highway. City Manager Miller informed him that McDonald's did go before the City Commission, and the City Staff recom- mended denial. Commissioner Aguila felt the $100,000 issue was nonsense and should be taken off the books. He thought the City department heads and Staff should be given clear guidance as to what the Commission was looking for them to do administratively. The Commission should give them a signal of what they should be doing. Commissioner Matson moved to eliminate the under $100,000 administrative policy. Vice Mayor Harmening seconded the motion. City Attorney Cherof advised this would require an Ordinance. City Manager Miller wished to solicit input from ~he City Staff and give it to the Commission along with the Ordinance. Vice Mayor Harmening felt the City Staff was dedicated to corralling dollars, and he did not think the City should have its first priority in that direction. After discussion, Mr. Cutro suggested they let him put ~ogether a list of all of the items over the last year that Were approved by the administration. That way the Commission 41 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 could get an idea of what is coming in and tell the City Staff what they want to look at. Further discussion ensued about the type of projects that come in which are under $100,000. Mr. Cutro agreed to Commissioner Aguila's recom- mendation that the list go back a year and said he would have it for the Commission at their next regular meeting. Mayor Weiner asked that the motion and second be withdrawn.~ If they intend to abolish this, Vice Mayor Harmening felt the Commission should go ahead with the motion and direct the City Attorney to prepare the appropriate Ordinnce to abolish it. Commissioner Matson did not want to withdraw her motion. Vice Mayor Harmening told Commissioner Artis he thought they could review this as far as the Ordinance. It would not take much to draft the appropriate Ordinance to repeal this. If they change their minds, they can destroy the Ordinance on second reading. City Manager Miller said if the motion was passed, the City Staff would draft an Ordinance repealing the $100,000 administrative approval policy. The City Staff would also prepare a report of those items under $100,000 that went through the administrative approval process during the past rear. Both will be on the agenda at the next meeting. A vote was taken on the motion, and the motion carried 5-0. D. Appointment of Auditors for financial audit of the City for fiscal year 1990/91 Ernst and Young have been the City's Auditors since 1975. City Manager Miller thought the City should go out under the Request for Proposal (RFP) process. Due to it being only four months before the fiscal year ends, Grady Swann, Finance Director, recommended that the City retain Ernst and Young for the present year to do the audit for 1990/91. Immediately following that audit, an RFP can go out to solicit RFPs for 1991/92. City Manager Miller concurred With the recommendation. He explained to Commissioner Aguila the procedure that would be followed and said the City will definitely go out for RFPs next year. Commissioner Aguila was trying to get away from automatic appointments. Vice Mayor Harmening felt it was cheaper to have the same Auditor. Vice Mayor Harmening moved, seconded by Commissioner Artis, ~o appoint Ernst and Young for the financial audit of the City for the fiscal year 1990/91. Motion carried 5-0. 42 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 E. Request to approve proposal from Gee & Jenson - Oceanfront Park for boardwalk repair and renovation City Manager Miller called attention to Memorandum ~91-211 from Charles Frederick, Director of Recreation & Parks Department. Mr. Frederick informed the Commission the initial contract proposal was $4,800. The City Staff met today and talked about things they could do themselves and reduced their scope down to the long term problems the City will be facing with the major renovation of the boardwalk. There are splintering problems with the planking system on the boardwalk, and they are looking at the under structure. Work that immediately needs to be done should be completed by the end of the week. The lowering of the rails should be done in four to six weeks, and a lot of cosmetic work is being done now. Commissioner Aguila wanted a fixed fee. Mr. Frederick replied the fixed number on the meeting today was not to exceed $2,100, and he had a revised contract. Commissioner Aguila moved to approve the proposal with the rlevised financial number not to exceed $2,100. Commissioner Matson seconded the motion, and the motion carried 5-0. Fi. Capital Professional Center - PCD (SW corner of Old Boynton Road and Knuth Road) - Consideration of the zoning status Christopher Cutro, Planning Director, read his Memorandum Nfo. 91-094, a copy of which is attached to the original copy of these minutes in the Office of the City Clerk as Addendum A. No matter what they do, he said Capital Pro- fessional Center will have to go back through a concurrency review. Based on that, the City Staff's recommendation was to leave the PCD designation in place. It has a number of l~mitations in it and reflects what was the original zoning on the property, which was C-1 and the existing land use, which is Office Retail. Changing back the zoning at this time would not gain the City anything and would have the City redoing a petition which, at this point, Mr. Cutro did not think was necessary. C0mmissioner Aguila asked if the current project was d~signed and if the current design met concurrency. Mr. C~tro, answered that it would. He clarified that they were concurrent until their expiration. Commissioner Aguila inquired if they would meet the new regulations on con- 43 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 currency. Mr. Cutro did not know. If they do not meet the new regulations, Commissioner Aguila noted they would not be able to do what they have approved. Mr. Cutro confirmed that was correct. Mr. Cutro stated the biggest problem would probably be traffic, and the roads are not under a lot of stress at this point and time. City Manager Miller interjected the City is having problems with where the roads feed out. Mr. Cutro informed him the City does not have problems now. City Manager Miller referred to pending road improvements that are not completed. Until they are completed and opened, the City does not get credit for that relief. Either way, Mr. Cutro said Capital Professional Center will have to come back for concurrency. He suggested they keep the zoning in place because there are limitations that are better than what they would be going back to, which is a C-1. Mr. Cutro informed Commissioner Aguila it would not prevent someone from coming in and requesting a different zoning. Vice Mayor Harmening moved to accept the Director of Planning's recommendation and keep the zoning in place as PCD for an indefinite period of time. Commissioner Aguila seconded the motion, and the motion carried 5-0. CITY MANAGER'S REPORT None. ADMINISTRATIVE A. City Board Appointments Community Appearance Board Commissioner Matson moved, seconded by Commissioner Aguila, to remove this item from the table. Motion carried 5-0. Commissioner Artis appointed Jean Sheridan as a Regular Member of the CAB for a three year term to 4/94. Education Advisory Board Mayor Weiner noticed two Members would be from the Coalition of Boynton West Residential Associations, Inc. (COBWRA), and they would have a term of one year. She was not happy with 44 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 that but accepted it. Mayor Weiner felt the people from COBWRA should be equal with the people who are residents of Boynton Beach, as this is an important Board. The clout with the Palm Beach County School Board will come from the merging of COBWRA and the City. COBWRA is in the City's annexation area. Mayor Weiner said it was a question of how much time the people from the District to the west will serve. City Manager Miller pointed out that their term would be for one year, but the Board has staggering terms. He added the Commission would also have to decide what the basic rotation schedule would be for the Board. Vice Mayor Harmening felt it was fine as presented. The other Commissioners agreed. The following appointments were made: Appointment Person Reg/ made by: Appointed Alt Length of Term Expiration Date Mayor Weiner Vice Mayor Harmening COmmissioner Artis Commissioner Aguila Commissioner Matson Mayor Weiner Vice Mayor Harmening Commissioner Artis Commissioner Aguila Commissioner Matson Mayor Weiner Susan Delaney Reg Roger L. Kirk Reg Florence M. McCray Reg Donald C. Wenberg Reg Patt Tompson Reg Tara Brescia Reg Matthew Bradley Reg Michelle D. White Reg Bill Pike Reg TABLED Alt Dagmar Brahs Alt i yr term to 4/94 1 yr term to 6/92 3 yr term to 6/94 3 yr term to 6/94 3 yr term to 6/94 3 yr term to 6/94 2 yr term to 6/93 2 yr term to 6/93 2 yr term to 6/93 1 yr term to 6/92 1 yr term to 6/92 Ail of the appointments were made without any objections except for the appointment of Patt Tompson by Commissioner Matson. Vice Mayor Harmening voiced an objection. A vote was taken on the appointment of Patt Tompson, and the vote was 4-1. Vice Mayor Harmening cast the dissenting vote. Mayor Weiner said the people who were appointed would be getting letters from the City. The City will get moving on the Board as soon as possible. Mayor Weiner informed 45 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 Commissioner Matson the only people who were not Boynton residents were Susan Delaney and Dagmar Brahs. Discussion ensued about the appointees and an applicant for the Board. City Attorney Cherof wished to attend the organizational meeting of the Board to get them started in the Sunshine. B. Authorization for barge rental - 4th of July (See page 25 of these minutes.) C. Change Order ~7 - Elkins Constructors, Inc. - East Water Treatment Plant Improvements Vice Mayor Harmening moved to approve Change Order ~7 for Elkins Constructors, Inc. in the amount of $24,503.93. Commissioner Artis seconded the motion, and the motion carried 5-0. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of May 21, 1991 B. Bids - Recommend Approval - Ail expenditures are approved in the 1990-91 Adopted Budget 1. Automotive Surplus Sale The Tabulation Committee recommended awarding the vehicles to the highest bidders on each vehicle for a total of $15,486. 2. Printing quotation for nine items The Tabulation Committee recommended awarding the printing quotation to the lowest quote per item as indicated on the tabulation sheet in the amount of $1,474.72. C. Approval to purchase Uninterrupted Power Supply (UPS) - Utilities Department The Utilities Department requested approval of the purchase Of five UPS's from Para Systems, Inc., Dallas, Texas, for ~2,200. 46 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1991 D. Approval of Bills See list attached. E. Disinterment - added by City Manager Miller On behalf of Alice Stiegler, 13745 South Lamon, Crestwood, Illinois, Scobee Combs Funeral Home of Boynton Beach requested permission to disinter the remains of Clemens S. Stiegler, who is interred in Boynton Beach Memorial Park, Blk. R, Lot 199B. Scobee Combs further requested that the City buy back the lots from Mrs. Stiegler. Vice Mayor Harmening moved, seconded by Commissioner Aguila, to approve the Consent Agenda. Motion carried 5-0. OTHER None. AD J OU RNME NT The meeting properly adjourned at 11:10 P. M. CITY OF BOYNTON BEACH / Mayor ATTEST: ~~ ~ Commissioner ~-Cler~ -- ~¢?~/ Commi~ioner Recording Secretary ~ Commissioner (Four Tapes) ~ 47 AGENDA June 4, 1991 ADAPCO, INC. 1 55 Gallon Drum Bio/Scent Odor Neutralizer for Utility Pumping Stations. Pay from Water & Sewer Rev---401-352-5-365-00 XI. CONSENT AGENDA D cc: Fin, Mgmt Serv, Util, Rec $ 1,350.00 ALLIED LIME Blanket P.O. #85951 - Pebble Quick Lime for Water Plant. Pay from Water & Sewer Rev---401-332-5-365-00 11,109.28 BARCO MUNICIPAL PRODUCTS, INC. Flashers, Barrels, Flags, Stop/Slow Paddles etc. to comply with State regulations for D.O.T. roadwork for Sew. Coll. & Water Distrb. Pay from Water & Sewer Rev---401-333-5-390-03 $937.73 " " " " " 401-351-5-390J03 937.73 " " " " " 401-362-5-341-00 937.74 "Best of 3 Quotes" 2,813.20 CENTRAL AUDIO VISUAL INC. Partial payment P.O. #86558 for Library - 1 Telex Sound En- hancement System, Speakers, Stands etc. Pay from General Fund---001-000-1-470-03 $2067.30 " " Capital Improve. Fund---302-711-5-642-004862.00 "Palm Bch County School Board Bid #B90C261L" 6,929.30 DAVIS HAMILTON JACKSON & ASSOCIATES Management Fees for Police Pension Fund from 12/1/90 thru 3/31/91. Pay from Police Pension Fund---612-138-5-468-00 7,090.65 DELRAY FIRE EXTINGUISHER SERVICE, INC. 10 Nomex Arimid Pants and 13 Nomax Bunker Coats for Fire Dept. Pay from General Fund---001-221-5-390-03 "Per 3 written quotes" 3,941.00~ Ye EASTMAN KODAK COMPANY April 1991 minimum billing and March usage billing for Model 70 copier in City Clerk's office. Pay from various departments. 1,580.02 ELECTRIC MOTOR & PUMP COMPANY Partial payment P.O. #85679 1 20HP VFD Panel for Lift Sta- tion. Pay from Utility Capital Improve.---404-352-5-642-00 Commission approved 9/18/90 13,295.00 EXECUTIVE OFFICE SUPPLY INC. 1,070.00 100 Kruger folding padded chairs for Pay from General Fund---001-721-5-318-00 ~,.~../i vi I VI I O~ I ~,.,~ |~ "State Contract #420-070-91-1" JUN APPROVAL 10. 11. 12. 14. 15. 19 2O GEE & JENSON, ENGINEERS, ARCHITECTS, PLANNERS, INC. Professional and engineering services for various projects. Pay from various accounts GEO TECH, INC. Boynton Beach Landfill Well Monitoring. Pay from Sanitation Fund---431-341-5-962-00 J.F. HOFF ELECTRIC COMPANY Blanket P.O. #82716 Final payment and release of retainage for Motor Control Centers 1 & 2 at Water Plant. Pay from Utility Capital Improve.---404-000-0-690-10 Per bid 11/21/89, Commission approved 12/5/89 HOFFMAN'S AIR CONDITIONING, INC. Installation of addition 3-Ton A/C Unit for restaurant at Golf Course. Pay from Golf Course Fund---411-726-5-680-09 LAWMEN'S AND SHOOTERS' SUPPLY INC. 36 cases Master Cartridge Ammo for Police Range Training. Pay from General Fund---001-211-5-381-00 MACOLA INC. 1 Operator 10 Industrial Pollutant Monitoring Software for Sewer Collection. Pay from Water & Sewer Rev---401-351-5-670-0! "Best of 3 quotes" MARTIN'S LAMAR 50 Green Work Pants and 75 Green Work Shirts for Warehouse. Pay from Warehouse Fund---502-000-0-410-13 "Co-op Bid" MEREDITH CORPORATION Remedial work on Well #15 including replacement of screen and gravel pack. Pay from W & S Utility Rev. Fund---421-000-0-690-21 Commission approved 4/16/91 MERRILL LYNCH ASSET MANAGEMENT INC. Management fee for period 3/31/91 thru 9/29/91. Pay from Police Pension Fund---612-138-5-468-00 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 PRIDE OF FLORIDA Blanket P.O. #85997 - Items needed for vehicle repair & maint. Pay from Vehicle Service Fund---501-193-5-322-00 8,727.40 3,600.00 16,502.21 2,785.00 2,582.40 2,003.21 1,648.51 15,175.00 11,878.83 13,735.80 3,504.72 CO;vi,,, o,StON JUN 4 ]99~ APPROVAL 21. THE PRINTING OFFICE Printing of the Miller Beer/Boynton Beach Benefit Softball Tournament Program. Pay from General Fund---001-000-1-470-02 1,252.08 22. THOMAS W. RUFF & CO. OF FLORIDA, INC. New Furniture for Police Range. Pay from Capital Improve. Fund---302-223-5-642-00 Commission approved 2/19/91 9,642.46 SIRSI CORPORATION Coala upgrade on Computer System for Library. P.O. #85388 - $46,240.34 and P.O. #87505 -$5,180.14 Boynton Beach's share is 1/3. Pay from Capital Improve. Fund---302-000-1-450-20 " " " " " 302-711-5-670-02 Commission approved 6/5/90 51,420.48 $46,240.34 5,180.14 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD City's portion Sinking Fund Projections study requested by cities for application of Sinking Funds to Odor Abatement Project. Pay from Utility Capital Improve.---404-000-0,691-20 3,250.00 25 SOUTHERN GREEN 130,000 sq. ft. Deep Tine aerification of Putting Greens. Pay from Golf Course Fund---411-000-1-476-60 "Per City Manager's Approval" 3,185.00 26.i TRAILING EDGE TECHNOLOGIES Technical service to tune and repair variable frequency drives as necessary at Master Stations. Pay from Water & Sewer Rev---401-352-5-499-00 1,387.06 27.i U. S. PIPE & FOUNDRY COMPANY New Water Pipe Line Installation - $9355.56 and Replacement Old Water ipe Line - $17,155.12. Pay from Water & Sewer Rev---401-362-5-650-01 Per Bid #004-401-91 26,510.68 28.i OSCAR VAGI & ASSOCIATES ARCHITECTS, INC. Ezell Hester Park and Rolling Green Park Phase II. Pay from Public Service Tax Constr.---301-721-5-634-01 " " " " " " 301-721-5-640-30 12,357.00 $5616.25 7247.00 29. 30. AMERICAN LIGHTING MAINTENANCE Rewiring of existing Lighting Systems on fields 1 & 2 at Little League Park. Pay from Caital Improve.---302-722-5-629-00 4,980.00 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD 156,402.30 User charges for month of April, 1991. Pay from Water & Sewer Rev---401-353-5-490-09 COMMiSSiON JUN 4 APPROVAL These bills have been approved and verified by the department heads involved, checked and approved for payment. I therefore recox~end payment of these bills. Scott Mil er~, City Manager COMMISSION JUN 4 APPROVAL