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Minutes 05-07-91MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, MAY 7, 1991 AT 6:00 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 6:00 P.M. After a moment of silent prayer, the Pledge of Allegiance to the Flag was led by Commissioner Artis. AGENDA APPROVAL Under "OLD BUSINESS", Mayor Weiner added "B. Change of Ordinance." City Manager Miller added "Emergency Sewer Rehabilitation in the Rainbow Lakes and Byron Boulevard area" under "ADMINISTRATIVE". Vice Mayor Harmening moved, seconded by Commissioner Aguila, to approve the agenda with the additions. Motion carried 5-0. ANNOUNCEMENTS 1. Next City Commission Meeting, May 21, 1991 - 7:00 P. M. Mayor Weiner made this announcement and added that beginning with May 21, 1991, all Commission meetings will begin at 7:00 P. M. instead of 6:00 P. M. Mayor Harmening informed everyone that he will be unable to attend the May 21st meeting, as he will be in Michigan. 2. Proclamations: a) Municipal Clerks' Week - May 5 through May 11, 1991 b) National Heritage Week - May 12 through May 18, 1991 c) National Emergen.cy.Medical Services Week - May 12 through May 18, 1991 Mayor Weiner read pertinent portions of the Proclamations. PRESENTATIONS 1. Joe Sciortino - Professional of the Year by the Southeast Chapter, South Florida Section PGA City Manager Miller understood the award given to Mr. Sciortino was one of the highest aWards that could be 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 presented to a Golf Director in Florida and in the United States. It is the highest award paid to a PGA golf profess- ional. It recognizes outstanding performance and superior achievement. City Manager Miller congratulated Mr. Sciortino for a job well done. Mr. Sciortino thanked the City for giving him the opportunity to earn the award, and he thanked his family for putting up with the long hours. Mr. Sciortino added he could not have done this without the support of his staff and the 11 PGA professionals at the golf course. 2. Employee of the Month - April, 1991 City Manager Miller presented Georgene Schwerin with the award of Employee of the month for her exemplary and dedi- cated service to the City. Ms. Schwerin had worked as a volunteer in the Animal Control Division for many years and became a part-time employee of the City in 1980. To this day, of her own accord, she shows up almost every day and even in the evenings to hose out the kennel and exercise the dogs. City Manager Miller said Ms. Schwerin's picture will be placed in the lobby for recognition. Ms. Schwerin thanked Bob Eichorst, Director of Public Works. Mr. Eichorst was Supervisor of the Animal Shelter when she first started working there, and she praised him for showing his appreciation of people. 3. Certificate of Appreciation for coordination of CPR Classes - Jack Lesser Mr. Lesser has been a resident of the City for 15 years and had for almost that length of time provided or coordinated monthly CPR training courses, which were offered at Leisureville. The courses are free and open to the public. City Manager Miller said this training is now provided by the Fire Department but prior to the City's involvement, Mr. Lesser handled it all. City Manager Miller presented Mr. Lesser with a certificate of appreciation. Mr. Lesser said if it were not for the Paramedics, there would be a lot of dead people in Leisureville. He urged the people of Leisureville to attend the CPR courses and asked them to read page 10 of the Leisureville News. 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 BIDS None. PUBLIC HEARING None. PUBLIC AUDIENCE Beach Henrietta Solomon, 230 N. E. 26th Avenue, said people cannot swim at the beach because of the sea lice. She added that the beach has eroded to such a degree that the City hardly has a beach. Mayor Weiner stated there is a notice at the beach when sea lice are present. City Manager Miller advised the City is engaged with Palm Beach County in a study of the beach area. Hopefully, the study will come up with recommendations relative to beach nourishment in some form to retard the erosion. The last time City Manager Miller checked, those funds had not been cut or substantially reduced. Commissioner Matson found out they are not sea lice. They are micro-organisms and larvae of different sea creatures that come in with the Gulfstream. A lot of it is caused by waste water that goes into the ocean, which the larvae feed on. Integration in Education and Project Mosaic Tara Brescia, 1396 S. W. 17th Avenue, is Co-Chairwoman of the Greater Boynton Beach Education Committee established by the City Commission, and the Chamber of Commerce. She wished to address the Commission on Project Mosaic, which is a Palm Beach County Citizen's Collaboration to address the issue of integration in the schools and its effects on excellence in education. The program focuses on the need to find workable solutions. Ms. Brescia gave material to the Commission which gave the history of Project Mosaic and other information. Project Mosaic has been financially supported by a number of local organizations. The John T. and Catherine D. MacArthur Foundation have agreed to contribute $1 for every locally contributed dollar received before May 31, 1991. Ms. Brescia 3 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 said the generosity of the McArthur Foundation must be matched by financial commitments of local residents, commun- ities and organizations. She requested the Commission's support and endorsement and financial contributions. Mayor Weiner asked that this matter be TABLED until the next Commission meeting on May 21st, so the Commission could go over the material given to them and think about whether or not they can finance Project Mosaic. Request for Funds - Ambassador Club, Santaluces High School - Community Relations Board At the time Maretha Medeus, 418 N. W. 4th Avenue, requested funds for the Ambassador Club, she was told this was the only school that had requested funds. She had trouble accepting the fact that Atlantic High School, who did not apply for funds, was getting most of the money, and Lake Worth High School was also getting some. Ms. Medeus felt this was unfair and illegal. If Atlantic High did not request funds or did not request them in time, they should not be considered. Ms. Medeus felt those who decide where the money should go are perhaps biased. After elaborating about what the Ambassador Club does, Ms. Medeus added that the Club tries to do cultural things that will benefit the students. She found it offensive that the Ambassador Club was not considered for funding when they had their application in. Wilfred Hawkins, Assistant to the City Manager and Ombudsman, responded that all of the high schools submitted requests on the necessary form. This was the first time the City entered into this procedure, so the high schools were asked to sub- mit a request with no specific deadline. Although a dead- line was mentioned in the letters that were sent, the City did not abide by it because the information went out too close to the deadline in the letter. Commissioner Aguila asked if all of the applications were in when the decision was made. Mr. Hawkins answered affirma- tively. Ms. Medeus was told by Mr. Hawkins the application had to be in by the deadline. She alluded to rushing around to get the application in before the deadline. She could not accept Mr. Hawkins' comments about the deadline. Mr. Hawkins informed her that Ambassador Club's application was accepted, along with the others that came in, because the City did not stick to the deadline. The City was fair to 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 the Ambassador Club like they were to everyone else. Ms. Medeus knew someone was "trying to cover up", as she had been told the Ambassador Club was the only one who had sub- mitted an application. She felt something had to be done about how money is distributed and the criteria. Mr. Hawkins informed the Commission that no monies have been disbursed. This is the first year the City has allowed the Community Relations Board (CRB) to review all funding re- quests made by agencies, clubs, and organizations in the City or surrounding area. Mr. Hawkins expounded and then explained that a specific fund is set aside for funding schools. In the past, they went before the City Commission to request funds. The City Commission had reviewed the form that was formulated for the CRB to consider. Letters were sent to the different organizations that had come to the City for funding in the past. Mr. Hawkins further explained the procedure and then informed the Commission that the CRB has not finished its recommendations, but they have finished with the school funding requests. He confirmed Commissioner Aguila's state- ment that the CRB makes a recommendation to the City Commission, and the City Commission has the final say about the funding. The CRB will be meeting tomorrow night, and they should complete.their recommendations then. Mr. Hawkins said the schools that made requests were Atlantic High School - the Eaglettes, Congress Middle School, Lake Worth High School, and Santaluces High School - the Ambassadors. The following distribution of funds was recommended by the CRB: Atlantic High School Eaglettes Lake Worth High School Drama Club Atlantic Community High School - Project Graduation $ 500.00 100.00 1,400.00 Therefore, nothing was recommended for the Ambassadors Club from Santaluces High School. Mr. Hawkins advised that Project Graduation at Atlantic Community High School did not occur because the Seniors did not participate, so the $1,400 is still available. This will be addressed at tomorrow night's meeting of the CRB. As there is no high school in Boynton Beach, Commissioner Artis told the audience funds are disbursed to those three major high schools. She thought something should be worked 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 out so funds disbursed to the high schools could be dis- bursed in a more even manner. Commissioner Artis also felt they should set an earlier date in the year for the disbursement of these funds. The forms should be identical and uniform, so the City will get the same information from each group. Commissioner Artis further felt the City should not wait until 20 days before the end of the school term to disburse the funds. She felt it would be a very uneven disbursement to give $1,400 to one school and $100 to another. Since the CRB still has $1,400, Mayor Weiner suggested that Ms. Medeus attend tomorrow night's meeting of the CRB and again request funds. She should come back before the City Commission on May 21st. Mayor Weiner informed Ms. Medeus that the CRB can only make recommendations. They cannot spend the money. Collection of Water Bills Maretha Medeus had another complaint. She complained about the new procedure that notifies people of delinquent amounts due. The notice is now printed on the backs of water bills, and Ms. Medeus said people never look at the backs of their bills. She said if people do not pay the $50 reconnection charge, their water is cut off. Ms. Medeus had a petition with 415 signatures, asking that the pink slips not be elim- inated because they let people know they have not paid their bills. She referred to hardships on poor people and said coming up with $150 plus paying a high water bill is too much. Ron Washam, 112 South Atlantic Drive West, confirmed that he and Ms. Medeus collected 415 signatures. He stated there is an underlying urgency that this be reversed due to the fact that a number of people would be put under a hardship. Some people had a hardship when they came into the City because of the people who collect the bills. He commented about the way Ms. Powell handles collections. Mr. Washam admitted some bills came in the mail very late, which also created a hardship. He knew that was because of the United States Government. Mayor Weiner said the City will see what it can do to make this process easier. People did not know the pink slips were put on their doors and evidently, printing notices on the backs of their bills has not worked. Vice Mayor Harmening had to agree with some of the things Mr. Washam said. He alluded to a problem he and his daughter had at one time. 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 City Manager Miller did not want names mentioned but asked that he be given a call, so he can discuss these problems. He stated the duty of the people working for the City is responsiveness to the community. An in-house public rela- tions campaign is being undertaken. Some employees need to tune up their attitude. City Manager Miller said he wants to know immediately when people feel they have not been treated right. He also wants to know the names of the people. Mr. Washam thought this matter should be addressed. Discussion ensued about the bills and the post office. When a bill is sent out, City Manager Miller said the customer is · given thirty days to pay the bill. If it is not paid by the 31st day, another bill is sent out. That bill is for the past month and the present month. City Manager Miller told Commissioner Artis the City is investigating this area. A lot of the bills for water that is being turned off is because the second bill that was sent out was not paid. In the corner of the second bill, it states it must be paid by a due date. Commissioner Aguila wondered if there was someone people could go to if they have a grievance. City Manager Miller replied they go to see him, Mr. Hawkins, or Grady Swann, the Finance Director. Beach Decals Marie Bakshevfky, 315 Meadows Circle, recently sold her car and could not get the decal off of the windshield. When she went for a replacement decal, she was asked for $10, which was the amount she paid for the original decal. Her point was that the City has her $10, and she does not have a decal. If she brought in part of the decal, she could get a replacement decal for $7. There was discussion. City Manager Miller thought that was something that had to be addressed. If Ms. Bakshevfky bought the decal and s°ld her car, he thought that should be honored for the balance of the year. City Manager Miller felt they needed to work that process into the system. Ms. Bakshevfky also referred to the computerized printed slip she was given as a record, and she thought the number should be the same. City Manager Miller told her to see him. Code Enforcement Thomas Runyon, 1430 N. W. 1st Court, complained about being cited twice about his wife's car being illegally stored. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 The car is legally parked in his driveway. It is not in the street. After elaborating about his wife's health problems, the car, and his finances, Mr. Runyon said he took the tag off the car because he did not want the car to be stolen or broken into for the tag. For that reason, he did not leave the tag in the rear window. Mr. Runyon placed the tag in the front window of his house so if anyone had a question, they could go to his front door or see the tag in the win- dow. He stated that his registration was renewed three weeks ago, and his insurance card is up-to-date. The State of Florida sends notices and cancels licenses if tags are not renewed, so Mr. Runyon did not understand why the City had such an Ordinance. City Manager Miller advised that the car was considered an abandoned vehicle. There was discussion. After questioning Mr. Runyon, Police Chief Hillery said he would take care of the matter. Beach Decals Bob Olenik, former Vice Mayor, 29D Crossing Circle, had gone to the lobby and picked up a beach decal information sheet. He read, "Before you sell or trade your vehicle, remove the decal from it, saving the decal numbers. Bring what you can of the old decal to Citizen Services and a replacement decal will be issued for $7. If you do not save the numbers from the old decal, you will be charged full price for a new one." Mr. Olenik felt that was very clear, and he did not see why there should be a problem.' If the process works, Mr. Olenik said the Commission should stand up and say it works and not say, in answer to every problem, that they will look into it. Obviously, Ms. Bakshevfky did not read the information that was given to her. DEVELOPMENT PLANS: A. CONSENT AGENDA - UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD None. B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD 1. Use Determination for Boynton Commerce Center PID - Radio Communications Facility (Continued from City Commission Meeting of April 16, 1991) Christopher Cutro, Planning Director, said this was a 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 request for a change in the use categories in the Boynton Commerce Center Planned Industrial Development (PID). The request was for BellSouth Mobility, which provides service 'for mobile cellular telephones. The light industrial district permits such uses as commercial television, radio and microwave broadcasting or relay towers as a principal use, subject to conditional use approval. In looking at the Code, Mr. Cutro said the proposed use conformed with the performance standards listed in the Zoning Code. The Planning Department's recommendation was to allow this use in the PID. The Planning and Zoning (P&Z) Board approved it 4-3. Mr. Cutro emphasized if the Commission approved this request, it would only constitute the use. It would not be an approval of any site plan or the placement of any structures in the Boynton Commerce Center. BellSouth would still have to come back through the process of site plan review. Commissioner Aguila asked whether it would grant certain rights with respect to height if the Commission approved this use in the PID. City Attorney Cherof answered that the approval would simply designate the use as being proper. It would not reach any specific questions with respect to design, site plan, height, or whatever. Those would be the subject matter for a different day. This would not be a binding approval on the City's part. Alan L. Gabriel, Attorney at Law, International Bldg., Pent- house East, 2455 East Sunrise Boulevard, Fort Lauderdale, FL 33304, representing BellSouth Mobility, expounded about how cellular phones help everyone. He said BellSouth went through a lot of effort to find this site. It is the best site available for their facilities. Attorney Gabriel stressed BellSouth was just asking the Commission to tell them if the use would be acceptable under the conditions specified to them. He asked the Commission to give them a chance to come back and show what they will put on the site. They know, if the use approval is granted, they can only put the use there under certain limited conditions. Attorney Gabriel said this would be in the southeast cOrner of the Boynton Commerce Center. He showed a picture of an existing warehouse facility. Attorney Gabriel indicated the area they intend to utilize and said it is as far away from any residential or other users as possible. He showed other pictures to give the Commission a perspective from the east 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 and the west and then explained why it is important for BellSouth to locate a facility in this area. Attorney Gabriel said the City's personnel helped him locate an area that would be best suited for the facility. The other areas available would be in residential communities. Attorney Gabriel asked the Commission to let them go through the first step and grant the use approval at the limited height that would be allowed. He said he could then show the Commission what they can do to make this acceptable to the community. Commissioner Aguila asked how much latitude BellSouth would have. Attorney Gabriel replied that the research area is determined from engineering standpoints. This research area is along the 1-95 corridor. In that corridor, residential communities are on both sides or the Boynton Commerce Center. Commissioner Aguila understood if another site was available, BellSouth could go two miles north or two miles south. Attorney Gabriel responded it would depend on where the research area itself falls. He offered to explain the research area. Commissioner Aguila mentioned the concerns people have about the height of the tower, although he knew this was not the time to deal with that. Knowing that down the line, Bell- South may not be able to go any higher than 45 feet, Commissioner Aguila asked, "What's the point?" Attorney Gabriel replied that all they could do was go through the processes available to them. The answer to Commissioner Aguila's question had to be determined by his client. It will depend on what they can do from an engineering stand- point. Attorney Garbriel told his client if they were looking for 150 fee%, he needed to know what the minimum feet would be that they would be able to use at this site that would work. They were now looking at that. If the City limits the height, at some point they will end up requiring BellSouth to put up another tower closer to the existing tower because the height is so short. Commissioner Aguila inquired whether it would be possible for BellSouth to share the City's tower. Attorney Gabriel answered it is not within their search area. Their engineer- ing abilities are limited. They are trying to address a specific need to provide service. Commissioner Matson was at the P&Z Board meeting. She recalled Attorney Gabriel' mentioned he absolutely was not going to put up a 45 foot tower. Attorney Gabriel informed 10 MINUTES- REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 her the preliminary height for the tower was 150 feet. Based on the P&Z Board's meeting, they are trying to deter- mine what the absolute minimum height would be that they could utilize to be successful. Commissioner Matson said to suppose the Commission allowed this as a permitted use and then they decided they did not want it. She asked if this would not place the City Commis- sion in legal jeopardy for not permitting a permitted use. Commissioner Matson asked if it would not be easier for the Commission to not allow it. City Attorney Cherof answered that was correct. Attorney Gabriel understood it was a special exception permitted use, and he would have to show why it would comply with those requirements and the height. Commissioner Matson felt the Commission would be "nipping it in the bud" by not permitting it. Ralph Marchese, former Mayor, 1901 S. W. Roma Way, stated the request had gone too far. He emphasized it is not a permitted use in the present PID. Mr. Marchese directed disparaging comments at Mr. Cutro and stressed that there are in excess of 1,400 homes in the area. The City has not made that study. He exclaimed that there are other areas. Mr. Marchese stated he believes in progress and in giving business a break but not at the expense of the people in the community. He strongly recommended that the Commission not be taken in. Mr. Marchese also alluded to comments made by Attorney Gabriel at the P&Z Board meeting and said the item was so poorly described in the agenda that most people did not know what was going on. Mr. Marchese praised the Commission for conducting its business in a businesslike manner, and he concluded by saying the people come first. Mayor Weiner responded that the people come first, last, and forever. Mr. Bob Olenik, former Vice Mayor, took exception to Mayor Weiner's comments and reminded her a very strong business community supports the people in the City. He elaborated and then said the issue was whether this use should be permitted in a predetermined industrial develop- ment. Mr. Olenik thought a communications tower may be offensive to some, but he reminded the Commission of the 300 plus foot tower the City erected in the north section of the City in conjunction with Cellular One. This was not erected in an industrial area but in a Public Use (PU) area next to High Density Residential. The City also appoved the tower for WXEL next to Hunters Run and a 65 foot lighthouse downtown. 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 Ail of those projects were approved since the 45 foot height limitation has been in place. Mr. Olenik thought they were approved because of a perceived need. He heard comments at the P&Z Board meeting that the City does not want to be an antennae field. Mr. Olenik referred to what Federal law allows. Mr. Olenik agreed with Commissioner Matson but he told the Commission not to base their decision on emotions. He stated what it boiled down to was what kind of negative impact this will have in all of Boynton Beach. Maurice Rosenstock, 1 Villa Lane, Chairman of the P&Z Board, spoke as a citizen. He thought Mr. Olenik had misled the City Commission. Mr. Rosenstock thought the Commission had to think of what they want the City to look like. He asked them to drive up Military Trail and enter the property of Indian Spring to see the tower that is there. After elaborating, Mr. Rosenstock admitted you cannot notice WXEL's tower but said that was because of public pressure and that tower is not even near 150 feet. He agreed with Mr. Olenik that there is a limitation on the number of towers for telecommunications of that type, but he wondered what happens if a TV station comes by or what the technology will be tomorrow. With reference to the City tower Mr. Olenik talked about, Mr. Rosenstock said it is used for life saving purposes for the City and not for somebody who is driving his car. Mr. Marchese recalled he was on the Commission when the tower for the Police Department, Fire Department, and all emergency services was approved. It was not done for profit. It was done for need and public safety. William Cwynar, 2701 S. W. 8th Street, Member of the P&Z Board but speaking as a citizen, has been a licensed Real Estate Broker since 1985. During 1986, he did a lot of research for an independent company to put up a tower and lease space to Cellular One. Mr. Cwynar reminded the Commission that the City needs money, and he asked why the City does not put up the tower and rent the space to Cellular One and BellSouth Mobility. The towers are not that offensive and do not hurt or bother anything. Mr. Cwynar urged the Commission to do this for the City and make some income. They want to bring money into the City, and he said this would be a chance for that. Ben Uleck, 1507 S. W. 17th Avenue, recalled that in 1982 he requested that the 45 foot height limitation be put on the 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 referendum. Commissioner Harmening was Mayor and agreed to it. The people voted for the 45 foot height limitation, and the Commission should let it be that way. Attorney Gabriel reiterated prior statements and reminded the Commission he was not asking them to approve the 150 foot tower. He was asking them to approve the use and to let him come back with a specific tower height which they will or will not approve. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. City Attorney Cherof confirmed Commissioner Aguila's under- standing that Attorney Gabriel's first step was to get a use approval in the PID. Commissioner Aguila commented that the next step would be to provide the~Commission with a site plan. He had mixed feelings and wondered whether there was a way that would allow Attorney Gabriel to go to step two without any guarantees so the City Commission could see what BellSouth Mobility can do. Commissioner Aguila questioned whether Attorney Gabriel could skip this step, go to the next step, and then take it from there. City Attorney Cherof answered there was no procedure for doing that. If the Commission would create such a procedure, they would create a precedent. City Attorney Cherof did not recommend that. If they approved the use, Commissioner Artis wondered if they would be bound in any other way. City Attorney Cherof replied there would be nothing the Commission would be specifically bound to other than they will have permitted the applicant to go one step forward in the process. If Attorney Gabriel comes back with a height or something else the Commission will not approve, Commissioner Artis wondered if they will be bound to keep the use. City Attorney Cherof answered that the use would be proper if the Commission voted so tonight. There would be certain rights attached, subject to the other conditions as were referenced (height limitations, other conditional uses, and other criteria). Once the Commission defines the use as being proper, Attorney Cherof said it would be proper not only for this applicant but for everybody. Commissioner Matson wished to clarify that if the Commis- sion allows this as a permitted use and then does not allow the permitted use, they will be placing the City in jeopardy. City Attorney Cherof confirmed that was true. 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 Commissioner Matson could not compare the lighthouse in the downtown with this tower. She thought the Commission should be careful of precedents they might set because they may haunt them in the future. Vice Mayor Harmening moved the radio communications facility of any type is not desirable for a permitted use in the Boynton Commerce Center PID. Commissioner Matson seconded the motion, and the motion carried 5-0. LEGAL A. Ordinances - 2nd Readinq - PUBLIC HEARING 1. Proposed Ordinance No. 091-17 Re: Establishing an Interim Service Fee applicable to structures certified for occupancy but not appearing on County Tax Roll City Attorney Cherof read proposed Ordinance No. 091-17 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 'BOYNTON BEACH, FLORIDA, ESTABLISHING AN 'INTERIM SERVICE FEE'; APPLI- CABLE TO STRUCTURES CERTIFIED FOR OCCUPANCY BUT NOT APPEAR- ING ON THE COUNTY TAX ROLL; PROVIDING FOR DEFINITIONS; PRO- VIDING FOR THE IMPOSITION OF AN INTERIM SERVICES FEE; PROVID- ING FOR THE ESTABLISHMENT OF A NONLAPSING TRUST FUND FOR REVENUES RECEIVED AND SETTING FORTH THE AUTHORIZED USES OF SAID FUND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVER- ABILITY; PROVIDING FOR CODIFICATION AS SECTION 5-4.2 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE" City Attorney Cherof apprised the Commission that the version which appeared in their packages came with several suggested editorial changes that were not considered by them at first reading. They were a reflection of staff comments and discussions with Marie York, Senior Research Associate, Florida Atlantic University (FAU). They did not change the substance of the Ordinance in any way and did not affect the title. They were changes that hopefully will make the Ordinance easier to understand. If the Ordinance was adopted, City Attorney Cherof asked the maker of the motion to make it subject to the specific changes that appeared in the Commission's agenda. Mayor Weiner asked whether anyone in the audience wished to be heard on the proposed Ordinance. There was no response, and THE PUBLIC HEARING WAS ~CLOSED. 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 Vice Mayor Harmening moved to adopt proposed Ordinance No. 091-17 on second and final reading, subject to the specific changes that appeared in the agenda. Commissioner Aguila seconded the motion. 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. 2. Proposed ordinance No. 091-18 Re: Permanent Advisory Board on Children & Youth City Attorney Cherof read proposed Ordinance No. O91-18 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOY~TON BEACH, FLORIDA, ESTABLISHING A CHILDREN AND YOUTH ADVISORY BOARD; PROVIDING FOR PURPOSE: PROVIDING FOR ORGANIZATION: PROVIDING FOR QUALIFICATIONS OF BOARD MEMBERS; PROVIDING FOR TERMS OF OFFICE: PROVIDING FOR POWERS OF THE BOARD: PROVID- ING FOR CONFLICTS; PROVIDING FOR SEVERABILITY: AND PROVIDING AN EFFECTIVE DATE." Mayor Weiner asked if 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. 091-18 on final reading. Commissioner Matson seconded the motion and a roll call vote 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. 3'. Proposed Ordinance No. O91-19 Re: Rezoning Planning Area 4.b (2.03 Acres) Change from R-2 to R-lA (Crescent Heights Subdivision) City Attorney Cherof read proposed ordinance No. O91-19 by caption only: 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 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 RESIDEN- TIAL), TO R-lA, (SINGLE-FAMILY RESIDENTIAL) PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP: PROVIDING A CONFLICTS CLAUSE, PROVIDING A SEVERABILITY CLAUSE: AND PROVIDING AN EFFECTIVE DATE." Mr. Cutro said this was a petition filed by the City to implement the Comprehensive Plan. The area was shown on the zoning map. Mr. Cutro said all of the lots on the block, with the exception of one, are presently single family houses. He stated that the R-2 zoning is a little less restrictive in terms of lot width and lot size. If the other nine structures were to be redeveloped into duplexes, they would look more like single family homes with attach- ments, or there would be a conversion of the garage into an apartment. If the properties were converted, they would have no negative impact on any of the surrounding uses. There would be some impacts in terms of traffic, but they would be negligible. The City has enough water and sewer services to provide for the area either way. Some of the benefits would not be dramatically great. Mr. Cutro advised that duplexes would generate a higher tax base but it would not be much. The potential rental units would probably fall under affordable housing. In reading the Comprehensive Plan, Mr. Cutro believed the City already pro- vides a tremendous number of those units for the South County area. Because this was in the Comprehensive Plan, the Planning Department's recommendation was for approval. Mayor Weiner asked whether anyone in the audience wished to be heard. Ken Hall, 110 S. E. 3rd Avenue, has the only empty lot in the whole block. He purchased the lot two years ago, before the Comprehensive Plan was approved. Mr. Hall asked the Commission to leave the zoning "as is" for the'following reasons: (1) He relied on the official zoning map of the City to determine what the use of the lot was. It is still zoned R-2 on the map. There is no notice on the map that forewarns anybody that there may be parcels of land 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 within the City that have been affected by the Compre- hensive Plan. There is no designation or shadowing of the parcels of land on the zoning map to indicate the Comprehensive Plan has affected the use of the parcels. (2) In the recommendation of the P&Z Board, the argument was to change the zoning to R-lA Residential because of the property located west of and south of the subject block. Mr. Hall called attention to the map and said his lot was circled with an arrow. The west and south are zoned R-lA. Mr. Hall said there was no mention of what the zoning was to the north and east of the lot. He stated an argument could have been made at the time that duplexes exist to the north, and two story rental build- ings exist to the east. Mr. Hall's lot is on the north- east corner, so he is against the existing duplexes and rental property. Mr. Hall did not think it was the intent of the Comprehensive Plan to deny people the use of their land and to affect their property values. He also paid taxes on the land and thought it was still valued as a duplex. If the zoning remains "as is", Mr. Hall said it will affect nobody. If the zoning is changed, he will be affected. It will affect his ability to use the property as he thought it could be used, and it will affect the value of his land. Mr. Hall asked the Commission to leave the zoning as R-2 and not to rezone it as R-lA. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. In the event the Ordinance is not adopted and the zoning stays the same, Vice Mayor Harmening said it will have to be sent back to the Department of Community Affairs (DCA) because it is in the Comprehensive Plan. He asked how long it would take. Mr. Cutro replied it would probably take nine months. In the event the zoning remains the same, Vice Mayor Harmening advised Mr. Hall that he could not get a building permit for nine months. DCA could also possibly reject it. Commissioner Aguila was on the P&Z Board at the time the Comprehensive Plan was reviewed. He guessed some decisions were made by people who did not actually go out in the field to see what was really happening. Commissioner Aguila did not see that there would be an advantage in making this R-lA. He wanted this to be pulled out and for it to go 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 through the Land Use Amendment the City would need to go through. He was prepared to make a motion to that effect. Commissioner Artis was unaware that only one lot in the area would be affected, and she stated she had a problem with it. Motion Commissioner Aguila moved to DENY Ordinance No. 091-19. Vice Mayor Harmening seconded the motion. Commissioner Artis asked if it would cause a conflict with something else in the City if the Commission denied this. City Manager Miller answered, "No." He said the City will be going through close about 30 rezonings in the next three or four months. City Manager Miller said this will be sent to DCA because they can do a Land Use Plan Amendment twice a year. Discussion ensued about the rezonings. 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. 4. Proposed Ordinance No. O91-20 Re: Rezoning planning Area 4.c (1.66 acres) Change from R-1AA to R-lA City Attorney Cherof read proposed Ordinance No. O91-20 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-1AA (SINGLE FAMILY RESIDENTIAL) TO R-lA (SINGLE-FAMILY RESIDENTIAL) PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PRO- VIDING A CONFLICTS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE." Mr. Cutro referred to the area on the map and said the reason for this is that the present development pattern matches more closely the R-lA pattern. 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 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 for the adoption of proposed Ordinance No. O91-20 on final reading. Commissioner Matson seconded the motion, and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Aguila - Aye Commissioner Artis - Aye, Commissioner Matson - Ayei Mayor Weiner - Aye Vice Mayor Harmening - Aye Motion carried 5-0. 5. Proposed Ordinance No. O91-21 Re: Rezoning Planning Area 4.h (2.06 acres) Change from R-2 to R-lA City Attorney Cherof read proposed Ordinance No. O91-21 by caption 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 R-lA (SINGLE-FAMILY RESIDENTIAL) PROVIDING FOR APPROPRI-. ATE NOTATIONS ON THE OFFICIAL ZONING MAP: PROVIDING A CON- FLICTS CLAUSE, PROVIDING A SEVERABILITY CLAUSE: AND PROVID- ING AN EFFECTIVE DATE." Mr. Cutro informed the Commission this is to rezone ten lots located on S. E. 34th Avenue and S. E. 4th Street, west of the F.E.C. tracks. The basis for the rezoning is that a majority of the houses are single family houses. There seemed to be some other houses that may have been duplexes further west on S. E. 34th Avenue. If the Commission wished not to change this, Mr. Cutro said this will also go back to DCA. Mayor Weiner asked if anyone in the audience wished to be heard. There was no response, and THE PUBLIC HEARING WAS CLOSED. Mayor Harmening looked at this and noticed the whole corridor from 15th Avenue south, except for the water plant, a small piece zoned M-1 and a few other exceptions, is 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 presently zoned and used as duplexes. He could not visualize very many people who would be interested in building a single family house upon the railroad. Vice Mayor Harmening moved to DENY the adoption of proposed Ordinance No~ O91-21 on final reading, as he thought the zoning should remain R-2. 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. 6. Proposed Ordinance No. O91-22 Re: Rezoning Planning Area 8.a (2.17 acres) Chanqe from R-3 to R-2 City Attorney Cherof read proposed Ordinance No. O91-22 by caption 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-3, (MULTI-FAMILY RESI- DENTIAL) TO R-2 (DUPLEX RESIDENTIAL) PROVIDING FOR APPROPRI- ATE NOTATIONS ON THE OFFICIAL ZbNING MAP; PROVIDING A CON- FLICTS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE." Mr. Cutro said this pertained to three parcels just west of the railroad tracks. This was a recommendation of the Comprehensive Plan. A few of the lots are vacant, but most of them are filled with duplexes. As no one in the audience wished to be heard, THE PUBLIC HEARING WAS CLOSED. Commissioner Aguila moved to adopt proposed Ordinance No. 91-22, seconded by Commissioner Matson. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Matson - Aye Mayor Weiner - Aye Vice Mayor Har'mening - Aye Commissioner Aguila - Aye Commissioner Artis - Aye Motion carried 5-0. 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 6. Proposed Ordinance No. O91-23 Re: Rezoning Planning Area 8.a (.44 acres) Change from R-3 to PU City Attorney Cherof read proposed Ordinance No. O91-23 by caption 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-3, (MULTI-FAMILY RESIDENTIAL) TO PU, (PUBLIC USAGE) PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE." Mr. Cutro apprised the Commission that this is the site of the American Legion Post. He added this is also in the Comprehensive Plan. Mayor Weiner asked if anyone in the audience wished to be heard. There was no response, and THE PUBLIC HEARING WAS CLOSED. Commissioner Matson moved to adopt proposed Ordinance No. O91-23 on final reading. Commissioner Aguila seconded the motion, and a roll call vote 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. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 091-24 Re: Establishing an Education Advisory Board City Attorney Cherof read proposed Ordinance No. O91-24 by title only: 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING AN EDUCATION ADVISORY BOARD; PROVIDING FOR PURPOSE; PROVIDING FOR ORGANIZATION; PROVIDING FOR QUALIFICATIONS OF BOARD MEMBERS; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR POWERS OF THE BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE." Vice Mayor Harmening moved to adopt Ordinance No. 091-24 on first reading. Commissioner Matson seconded the motion, and a roll call vote 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. 2. Proposed Ordinance No. O91-25 Re: Defining "Seasonal" for purposes of permitted outdoor retail sales sponsored by not-for-profit organizations City Attorney Cherof read proposed Ordinance No. O91- by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING, SECTION 11, SUPPLEMENTAL REGULATIONS, TO DEFINE 'SEASONAL' FOR PURPOSES OF PERMITTED OUTDOOR RETAIL SALES SPONSORED BY NOT FOR PROFIT ORGANIZATIONS; PROVIDING THAT EACH AND, EVERY OTHER PROVISION OF APPENDIX A - ZONING..NOT SPECIFICALLY HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE: PROVIDING AUTHORITY ~TO CODIFY; AND PROVIDING AN EFFECTIVE DATE" Commissioner Aguila read paragraph 6 under Section 1. He said to assume he is a church wanting to sell pumpkins at Thanksgiving time. As soon as he sells his pumpkins, he wants to sell Christmas trees. Commissioner Aguila felt that would certainly take more than three weeks, even with the extension. City Manager Miller had no problem modify- ing the paragraph. He explained they did not want an individual business doing something all the time and not 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 coming in. that away. The word "Seasonal" has more or less taken There was discussion about the length of time. Commissioner Aguila also did not see any provision that would require a person who has a permit to clean up the lot when he is finished with it. He thought there should be a clause stating the lot should be cleaned within 14 days or the property owner will be fined. City Manager Miller wanted to make it five days and said this could be a new paragraph 6. Discussion ensued about wreaths, pine cones, poinsettas, and lights. City Attorney Cherof pointed out that the more generic the description, the more difficult it will be to enforce. Vice Mayor Harmening moved to approve proposed Ordinance O91-25 on first reading with the corrections. Commissioner Aguila seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Aguila - Aye CommissioH~r Artis - Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Aguila - Aye Motion carried 5-0. 3. Proposed Ordinance No. O91-26 Re: Amend City Charter to provide that new Commis- sioners shall assume office at the first Regular or Special Commission meeting following their election City Attorney Cherof read proposed Ordinance No. O91-26 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING THAT A REFERENDUM ELECTION BE HELD TO AMEND SECTION 15 OF THE CHARTER OF THE CITY, TO PRO- VIDE THAT MEMBERS OF THE CITY COMMISSION AND MAYOR SHALL ASSUME OFFICE ON THE FIRST REGULAR OR SPECIAL COMMISSION MEETING FOLLOWING THEIR ELECTION; PROVIDING A BALLOT TITLE: PROVIDING THE OFFICIAL SUBSTANCE OF THE AMENDMENT TO BE PLACED ON THE BALLOT; DIRECTING THE CITY CLERK TO SUBMIT A CERTIFIED COPY OF THE ORDINANCE TO THE SUPERVISOR OF ELEC- TIONS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVER- ABILITY CLAUSE: PROVIDING AUTHORITY TO CODIFY: AND PROVIDING AN EFFECTIVE DATE" 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 If adopted, City Attorney Cherof said the date to be inserted in Section 1 of the Ordinance should be March 10, 1992, which will be the date of the next regular election. Commissioner Aguila understood this meant those people who are elected without a runoff will take office at the first meeting. Those elected after the runoff will take office at the following meeting. That meant there would be two swearing in ceremonys. City Attorney Cherof confirmed that was correct. He advised that the Charter does not require an official swearing in ceremony. Those on the Commission can take office upon submitting and signing the appropriate oath of office. The official ceremony can be held after the second set of people take office. Commissioner Aguila wanted to do that as a matter of policy. Commissioner Aguila moved, seconded by Vice Mayor Harmening, to approve proposed Ordinance No. 091-26 on first reading. roll call vote on the motion was taken by Sue Kruse, City Clerk as follows: A Commissioner Artis - Aye Commissioner Matson - Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Aguila - Aye Motion carried 5-0. C. Resolutions 1. Proposed Resolution No. R91-74 Re: Create a North Boynton Task Force City Attorney Cherof read proposed Resolution No. R91-74 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ESTABLISH A NORTH BOYNTON BEACH TASK FORCE TO GATHER INFORMATION CONCERN- ING BEAUTIFICATION, HOUSING, LIGHTING, CODE ENFORCEMENT AND INFRA-STRUCTURE PROBLEMS AND DEFICIENCIES, AND CRIME IN THE NORTHEAST QUADRANT OF THE CITY; AND PROVIDING AN EFFECTIVE DATE" Commissioner Aguila drew attention to Section 2 and asked why the City Manager was going to reach into the community. The community usually comes to the City on a volunteer 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 basis. He had not seen this on any other Ordinance or Resolution. Vice Mayor Harmening noted City Manager Miller's Memorandum No. 91-108 of May 7, 1991 stated the Task Force would be established "to open the lines of communication between the residents and the City." He was not aware that the phone numbers of the City Commission were unlisted, so he saw no lack of communication or impediments to communication. In addition to that, Vice Mayor Harmening noted they also were getting into the question of crime. If they were interested in crime, he suggested they contact Police Chief Hillery. Vice Mayor Harmening agreed with Commissioner Aguila's comments regarding Section 2, as he did not feel it was the City Manager Miller priority to go out and see the people. Commissioner Aguila called attention to Section 1 and said he was not sure the "WHEREAS" clauses were true and correct~ He was not comfortable with the wording of the Ordinance. Mayor Weiner suggested this matter be TABLED. Ralph Marchese, former Mayor, said it was the responsibility of the City Commission to hear the facts. If they decide the City Mnaager should not attend the meetings, it was their prerogative. When the City first went through this, the intent was for people to speak out without fear of incrimination. If there is a problem in any part of the City, Mr. Marchese felt City Manager Miller should take the necessary corrective action. Commissioner Matson had a problem with tabling this, as the north end of Boynton has been neglected~ She elaborated and emphatically stated she did not want to wait two weeks. Commissioner Matson felt it had to be addressed now. Vice Mayor Harmening recalled North Boynton Task Forces had been created in the past without the dignity of a Resolu- tion. He took exception to the way the Resolution was drafted. Commissioner Artis also had a problem with the wording of the Resolution. Discussion ensued about the wording of the Resolution and the kind of motion that should be made. Commissioner Aguila noticed three Commissioners, including him, had a problem with the Resolution. Mayor Weiner inquired whether they would like to try working out a North Boynton Task Force without a Resolution and just 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 Vice Mayor Harmening seconded the motion, which included City Attorney Cherof's words. Vice Mayor Harmening talked to an original designer of the plan regarding not only the proposed modifications but the proposed possible modifications. He' ran it by another Consulting Engineer. Vice Mayor Harmening came to the conclusion that at this point, the City does not know what it needs. However, the price was right, and he felt there was a good possibility the City would need the land. A vote was taken on the motion, and the motion carried 5-0. THE COMMISSION TOOK A RECESS AT 8:22 P. M. resumed at 8:30 P. M. The meeting 3. Proposed Resolution No. R91-76 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board Odor Abatement Change Order Nos. 1 and 2 City Attorney Cherof read proposed Resolution No. R91-76 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING TWO SEPARATE ACTIONS OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RELATING TO CHANGE ORDERS NO. 1 AND NO. 2 TO~SCE, INC. FOR THE ODOR ABATEMENT SYSTEM - AERATION BASINS, NEW ELECTRICAL SERVICE AND EFFLUENT PUMP STATION EXPANSION; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE RATIFICATION FOR SAID ACTS; COPIES OF SAID RATIFICATIONS ARE ATTACHED HERETO AS EXHIBIT 'A' AND 'B' RESPECTIVELY; AND PROVIDING AN EFFECTIVE DATE" Vice Mayor Harmening moved to adopt Resolution No. R91-76. Commissioner Aguila seconded the motion, and the motion carried 5-0. 4. Proposed Resolution No. R91-77 Re: Service Agreement Renewal - Motorola (Radio Maintenance) City Attorney Cherof read proposed Resolution No. R91-77 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH A~D MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC., FOR RENEWAL OF THE HIGH TECH CIRCUIT BOARD SERVICE AGREEMENT; A COPY OF SAID SERVICE AGREEMENT IS ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE" Vice Mayor Harmening moved to adopt Resolution No. R91-77, seconded by Commissioner Artis. Motion carried 5-0. 5. Proposed Resolution No. R91-78 Re: Water Service Aqreement - Bell South Mobility City Attorney Cherof read proposed Resolution No. R91-78 by caption only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A WATER SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BELL SOUTH MOBILITY, INC.; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE" Vice Mayor Harmening moved to adopt Resolution No. R91-78 seconded by Commissioner Matson. Motion carried 5-0. 6. ProPosed Resolution No. R91-79 Re: Water Service Agreement - Ronald E. Kruger, Jr., Lot 39, Tropical Terrace City Attorney Cherof read proposed Resolution No. R91-79 by caption only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A WATER SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND RONALD E. KRUGER, JR.; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE" Commissioner Aguila moved to adopt Resolution No. R91-79, seconded by Commissioner Artis. Motion carried 5-0. 7. Proposed Resolution No. R91-80 Re: Release of Surety on utilities improvements for Herman's Plaza (a/k/a Sigma Development, Inc.) City Attorney Cherof read proposed Resolution No. R91-80 by caption only: 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RELEASE OF SURETY FOR CONSTRUCTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR HERMAN'S PLAZA (a/k/a Sigma Development, Inc.)" Vice Mayor Harmening moved to adopt Resolution No. R91-80, seconded by Commissioner Artis. On the walk through, Commissioner Matson noted seven items needed to be corrected. She questioned whether item 2 had been corrected. City Manager Miller informed her it had. A vote was taken on the motion, and the motion carried 5-0. 8. Proposed Resolution No. R91-81 Re: Addendum to Contract between the City of Boynton Beach and Oscar Vagi & Associates for the purpose of providing additional architectural services City Attorney Cherof read proposed Resolution No. R91-81 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 ADDENDUM TO THE CONTRACT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND OSCAR VAGI & ASSOCIATES ARCHI- TECTS, INC., DATED JUNE 23, 1988, FOR THE PURPOSE OF PROVID- ING ADDITIONAL ARCHITECTURAL SERVICES BEYOND THE BASIC SERVICES; A COPY OF SAID ADDENDUM ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING FOR AN EFFECTIVE DATE" City Manager Miller had several changes. He said this was promulgated by the proposed construction to Ezell Hester Park and the addition of the community center at a total cost of approximately $280,025. Rolling Green would be the restrooms and pavilion at a cost of $113,177. The City did some recalculations of the architectural fee. Since this was coming in in pieces, Mr. Miller said they had to get moving right now so they do not get behind in the contracts. He wanted the cost in the Resolution to read, "in an amount not to exceed $31,000". City Manager Miller stated additional parking spaces will be needed in the Phase 2 building. Bill DeBeck, Project Manager, explained the design. ~ 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 Motion Commissioner Aguila moved to adopt Resolution No. R91-81, with the amount not to 'exceed $31,000. Vice Mayor Harmening seconded the motion. Commissioner Aguila asked whether the contract was extended 18 months. City Manager Miller answered, "No." A vote was taken on the motion, and the motion carried 5-0. 9. Proposed Resolution No. R91-82 Re: Approving and endorsing departmental goals and objectives for 1991 City Attorney Cherof read proposed Resolution No. R91-82 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ENDORSING DEPARTMENTAL GOALS AND OBJECTIVES FOR 1991 AS PREPARED BY THE CITY MANAGER'S OFFICE, A COPY OF WHICH IS ATTACHED HERETO AND IDENTIFIED AS EXHIBIT 'A'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS: AND PROVIDING FOR AN EFFECTIVE DATE" Golf Course Commissioner Aguila read the first paragraph of the goals and objectives, which pertained to the golf course. He knew the City just signed a contract with a new concessionaire. Commissioner Aguila stated he was treated beyond rude by the man behind the counter, and the man's attitude needs to be adjusted. City Manager Miller advised that the man was an employee of the new concessionaire, and that has been handled. The Golf Director has already talked to the owner. Vice Mayor Harmening went there last Friday (May 3), and he found the attitude was as described. Xeriscaping ~ Commissioner Aguila referred to paragraph 22 and asked whether the City has Xeriscaping. City Manager Miller informed him of the Water Conservation Team and said the City is looking towards Xeriscaping. Vice Mayor Harmening said Xeriscaping will be required very shortly. Commissioner Aguila wanted the new beautification of the medians to be designed with Xeriscaping in mind. 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 Commissioner Aguila noted paragraph 25 pertained to the library. He found it difficult to do anything at any time in the library that requires any degree of silence because the library is so noisy. He wanted the City to work on that, as he has never seen much of an effort on the part of the City Staff to promulgate the idea that libraries are supposed to be relatively quiet. Commissioner Aguila also wanted something done about the policy of returning things at the library. If something is due today and it is not returned until the next day, you are fined for two days. This is done with books and tapes, and that did not seem right to Commissioner Aguila. If it is due today, he did not think you should be charged for today. Discussion ensued about the library, and Vice Mayor Harmening suggested Virginia Farace, Library Director, might hang a "Quiet" sign. Golf Course Vice Mayor Harmening recommended that additional signs be installed to direct people to the golf course. Mr. Sciortino responded by saying the City could request that from the County, but the City is not allowed to put signs up. Vice Mayor Harmening suggested the City make the request and follow through. MOTION Commissioner Aguila moved to adopt Resolution R91-82. motion was seconded and carried 5-0. The Goals and Objectives Mayor Weiner wanted to add to one of the Commission's work- shop sessions goals and objectives the Commission might have. She would like to see, from the time they start until the end of the year, that the Commission is following a path they set for themselves. D. Other 1. Las Palmas development - failure to comply with City's subdivision/platting regulations Richard Staudinger referred to the Engineering Department's Memorandum No. 91-066 dated May 2, 1991. He informed the Commission that there is a private roadway on an ingress/ 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 egress easement and drainage easement to serve six lots within an eight lot subdivision. Certain required improve- ments were approved in those plans. The City was informed there was a problem. Mr. Staudinger told the Commission the bond expired without any notification to the City, and some of the improvements were not completed. Mr. Staudinger continued by saying normally, under this situation when a bond was available, he would request that the City Commission authorize him to pull the bond and complete the improvements in accordance with the plans. With no bond, he was in a dilemma because there is no fund- ing to do the improvements. Mr. Staudinger requested direc- tion on how to proceed. In response to a question posed by Vice Mayor Harmening, City Attorney Cherof said the bonding company refused to do anything. Vice Mayor Harmening asked if the developer owns any land in the subdivision. Mr. Staudinger replied there was not a current title report, but he believed the developer may still own one or two lots. Motion Vice Mayor Harmening moved that there be a quick title search. If the developer does own land, the City should go ahead with this and put liens on the lots. The first day of operation, the City should get a bill from the contractor and file a lien right away. They should not wait until the entire job is done and the land has been transferred to another name. Hurwood Hunter, Attorney at Law, Lake Worth, FL, was repre- senting Bob Oresky, 726 Presidential Drive, which is at the end of the street. Attorney Hunter did not see Mr. Staudinger's memo of May 2, but he did see the letter of March 26th from the Engineer to the developer that apparently was ignored. With regard to the drainage, Mr. Oresky believed swales were originally to be provided for drainage. Attorney Hunter had not seen the plans, so he did not know. He had three photographs which showed standing water at the end of the street. Mr. Oresky has a neighbor who built a wall up to the end of the street. Attorney Hunter believed a swale should be where the wall is. The plat showed a utility easement where the wall is. The plat also showed a back out, which the Engineer referred to as a "T" in his letter 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 of March 26th. Mr. Oresky believes the back out was supposed to be in the middle of the wall. That property is owned by John Ragno. Attorney Hunter said Mr. Oresky wants the City to persuade Mr. Ragno to remove the wall and put a swale where the wall is, if the plans require that a swale is to be there. That will help the drainage situation. Mr. Oresky believes a "T" back out will be beneficial as he has to back up 200 feet to turn his car around. According to the plat, Mr. Staudinger said there was an existing paved "T" turnaround in that location, which was to remain. Additional streets were to be added on the east side, which would have brought it to Mr. Oresky's driveway. Those were to stay as part of the improvements. Mr. Staudinger understood the driveways for those two lots were to line up with the "T" turnaround so that the driveway and the "T" turnaround would be incorporated, and there would be room. Vice Mayor Harmening noticed Mr. Staudinger's memo suggested $15,000 as the total cost to complete the required improve- ments. Mr. Staudinger clarified that did not contemplate removing the wall, the home, or anything associated with it in that area. He agreed with Vice Mayor Harmening that it might not be necessary to remove the wall and that perhaps a swale could be put in front of the wall. Mr. Staudinger stated there may be some other options they can look at within that price. He did not have a final solution at this point. Amended Motion Vice Mayor Harmening amended his motion to direct the proper City departments and the Engineering Consultant to look into the rest of this. City Attorney Cherof asked whether the intent of the motion was to authorize him to institute litigation if that should be necessary to perfect a lien. ViCe Mayor Harmening answered, "Absolutely." Commissioner Matson seconded the motion, and the motion carried 5-0. 33 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 OLD BUSINESS A. Consider amending Beach Decal Ordinance to permit all residents of Palm Beach County to obtain beach decals Mayor Weiner read the above caption and questioned whether they meant all residents. City Manager Miller replied that several months ago, the Ordinance was amended to include those living in the City's reserve annexation area, which goes out to the E-3 canal. Apparently, some developments (especially those represented by COBWRA) are immediately west of that area, and they would like to have beach decals. The City Commission had set a fee of $50, limited the hours of use, and limited it to the first 300. The City has only sold 35. Vice Mayor Harmening's suggestion was Hypoluxo Road as the northern boundary. He was undetermined about the south boundary but suggested Ida Road on the south. The western boundary should be unlimited. Carrie Parker, Assistant City Manager, said the days were to be Monday through Friday all seven days of a week. Mr. Frederick interjected that would be from May 1st through November 15th. He informed Vice Mayor Harmening there were only two days when the parking lot was full, and they were holidays (July 4th and Labor Day). Comments were made about parking, taxpayers being denied the use of the beach, and sea lice. Bob Olenik reminded the Commission that there are only 260 parking spaces at the beach. Approximately 17,000 decals are sold every year. Mr. Olenik referred to selling decals to the reserve area and stated he read in the newspaper this was a way to get the City out of the financial hole it is in. He referred to the amenities in the City and said the City should utilize the amenities as a bargaining chip to get the developments to annex into the City. After elaborating about the County, decals, setting precedents, and Ocean Ridge, he stated annexation would be the cure for future financial growth in the City's coffers. Mr. Olenik urged the Commission not to expand beyond the City's expansion area. Maurice Rosenstock agreed with Mr. Olenik. He told the Commissioners to compare their tax bills with those of people who live in the County. Mr. Rosenstock expounded about Mr. Frederick's computations, and felt the averages were faulty and misleading. 34 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 Mr. Rosenstock said 10,000 decals have been sold this year plus 343 visitor decals, which brought in $108,101. He asked if they were going to fool around for a couple hundred dollars. When the City has a beach this small and amenities the way they are, Mr. Rosenstock felt enough was enough. Discussion ensued about the beach, the taxpayers, residents of Boynton Beach, and the leverage the City has by having the beach. A1 Miller, President of COBWRA, appreciated the Commission attending their meetings. He thought they were now discuss- ing trying to sell parking spaces. Mr. Miller thought the beach decals were a friendly gesture, but he did not think they would get the City any annexations. If the Commis- sioners did not pass this, he stated there would be no hard feelings. Vice Mayor Harmening clarified that the thrust of the beach decal system was not a revenue device. It was merely to control parking. Vice Mayor Harmening commented about the sand at the beach. There was discussion about what the boundaries should be. Ms. Parker suggested the Commission could leave the Ordinance as. it presently is. Commissioner Aguila moved to leave the Beach Decal Ordinance "as is", seconded by Commissioner Matson. Motion carried 5-0. B. Change of Ordinance - Requested by Mayor Weiner Mayor Weiner apprised the Commission that the former adminis- tration decided every project that goes before the P&Z Board and the Community Appearance Board (CAB) should also appear before the City Commission. Mayor Weiner agreed that devel- opment plans unanimously approved should be on the Commis- sion's Consent Agenda and those not unanimously approved should be on the Commission's Non-Consent agenda. She questioned why the Commission should waste its time review- ing some projects pertaining to colors and landscaping that were unanimously approved by the CAB. Mayor Weiner felt the CAB would come to the Commission with any projects they are troubled about. She praised and elaborated about the two Boards. Commissioner Aguila had no problem with what Mayor Weiner said, but he wanted the Commission to have the opportunity to request that an item be put on the agenda even if it has 35 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 passed unanimously. Mayor Weiner alluded to when George Armas, Chairman of the CAB, had gone before the prior administration and stated he or a representative of the CAB could be in the audience at Commission meetings in case they had any problems with a CAB decision. Motion Vice Mayor Harmening followed City Attorney Cherof's recommendation and moved to direct City Attorney Cherof to draft an Ordinance rescinding the other Ordinance. The Ordinance should leave in tact the traditional roles of the Boards and the Commission's traditional review of those roles. Commissioner Aguila seconded the motion. If any of the Commissioners do not attend the CAB or P&Z Board meetings, Commissioner Aguila asked how they can find out what happened. Mayor Weiner answered that the meeting nights of those two Boards were changed, so a summary would be in the packets of the Commissioners. A vote was taken on the motion, and the motion carried 5-0. NEW BUSINESS A. Items for discussion requested by Mayor Arline Weiner 1. Imposing six month residency requirement for City Commission candidates or appointees Mayor Weiner strenuously objected to someone moving into a district four days before they are appointed. Commissioner Aguila asked whether it should be residency in the City or residency in the District. Mayor Weiner replied, "In the District, if they are running in the District." If someone is running for Mayor at Large, there should also be a residency requirement. Vice Mayor Harmening recalled when the future Mayor was Vice Mayor for a year. Now the Mayor moves right in. Commis- sioner Aguila had a problem with someone wanting to be Mayor without first being a Commissioner. There was discussion about making the reSidency requirement one year for City Commission candidates and/or the Mayor. City Attorney Cherof advised this would have to be done by referendum because they were changing a provision of the Charter that had previously been dealt with by referendum. 36 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 Discussion ensued about residency. Commissioner Aguila was concerned about someone who does not live here year- round wanting to represent the people. Maurice Rosenstock thought they may have to deal with persons who leave are residents but who go away for three months every year. He thought they should give considerable thought to what the time limit should be. Mr. Rosenstock alluded to someone who may want to upgrade or downgrade his living standards because of his economic status and moves from one district to another. That person may be a good candidate for the City Commission. After discussion, agreement was expressed for the longer residency requirement. City Attorney Cherof informed Mayor Weiner it would be on the ballot on March 10, 1992. Commissioner Aguila moved to authorize City Attorney Cherof to draft an Ordinance to amend the Charter to provide for a one year residency requirement in a District and City wide for Mayor, City Commission candidates or appointees. Vice Mayor Harmening seconded the motion, and the motion carried 5-0. B. Items for discussion requested by Commissioner Lynne Matson 1. Amend Chapter 4, Article II, reference Dogs - Creating a new section entitled "Damage to Property by Animals" (Pooper Scooper) While campaigning, a number of people told Commissioner Matson about problems they were having in reference to ani- mal defecation. Animals were defecating in the streets, and children would pick up defecation on their feet while play- ing in grass. Commissioner Matson wanted to expand Chapter 4 to include this. Motion Commissioner Matson moved to direct City Attorney Cherof to draft a Pooper Scooper Ordinance, which should be ready at the next Commission meeting. Vice Mayor Harmening seconded the motion for discussion. Vice Mayor Harmening felt the Ordinance would become impossible to enforce and would be a burden to the City. 37 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 Commissioner Matson argued that it affects the quality of life of people and is a matter of health and safety. Just the fact that the Ordinance is there and people know it can be enforced will be a deterrent. Vice Mayor Harmening gave an example of dogs being on the beach when there is a law prohibiting that. A vote was taken on the motion, and the motion carried 5-0. 2. Zoning in Progress Policy Commissioner Matson proposed an Ordinance which would allow the City to give out advanced notice of zoning legislation being considered for adoption and implementation. She clarified this would be while Zoning Ordinances are in progress. Mr. Cutro interjected that if the Commission is in the process of passing a new Ordinance that changes an Ordinance, it will put the people on notice. More importantly, they would go by the more stringent of the two Ordinances. That way they will not have the situation with people trying to slip through. Commissioner Aguila was totally opposed to that. He felt they should go by the rules that are in effect at the time. It has always been that way. Mr. Cutro clarified they were talking about something that has gone through the hearing process, not something someone was thinking about six months down the road. Until it is law, Commissioner Aguila felt they should play by the existing rules. Discussion ensued about zoning, the process, and other municipalities. Commissioner Aguila thought they should be very careful. Commissioner Matson was concerned about non- conforming uses slipping through. Vice Mayor Harmening did not see how a non-conforming use could slip through. Commissioner Matson asked about the Oakland Park Ordinance. City Manager Miller replied that the Oakland Park Ordinance declared the zoning was in progress after it had its hearing before the P&Z Board. At that time, it was submitted to the City Commission. City Manager Miller explained how it could be at different intervals. He said Oakland Park did not have any problems with it. There was further discussion about the Ordinance and when the zoning should be declared to be in progress. Commissioner Aguila felt it should be at the time of the application because that would be the rules the departments 38 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 would go by in reviewing the application. Stopping some- body from developing his property could take time, and Commissioner Aguila did not think it would be fair. Commissioner Matson moved to draft a Zoning in Progress Ordinance. The motion died for lack of a second. C. Items for discussion requested by Commissioner Lillian Artis 1. Commissioning a corridor study to comprehensively review areas for commercial uses for N. E. 10th Avenue (Martin Luther King, Jr. Boulevard) Commissioner Artis told the Commission that people in the community would like to get commercial uses on N. E. 10th Avenue. She knew the school would be there momentarily. Vice Mayor Harmening moved to authorize Chris Cutro, Planning Director, to do the study. Commissioner Aguila seconded the motion, and the motion carried 5-0. D. Site Plan presentation - Proposed Recreation - Civic Center Addition In the latter part of 1990, City Manager Miller said the City Commission authorized the City Staff to proceed with drafting conceptual plans to provide for an approximate 6,500 square foot recreation activity center. There were two conceptual plans, four layouts, and elevations to be presented to the Commission. Mr. Frederick introduced Tom Orlowski, Architect, Gee & Jenson. Bill DeBeck, Project Manager, gave'a brief review of the original master plan concept of the four block area and how this project would tie into that master plan that was started in 1985. Mr. DeBeck said the problem is the City does not have the school and has no idea when it will get the school. There have also been budget constraints which have delayed the construction of the multi-purpose building. Consequently, Mr. DeBeck said they are looking at revising the master plan on the Block 4 area to include an Arts and Activity Center in place of activities that would not fit in and to replace the Scout activities. He wanted authorization from the Commission to go ahead with this. Mr. Frederick named the functions the design of the Recre- ation Activity Center was based upon and said all of that would total to a building plan of about 6,690 square feet. 39 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 Gee & Jenson asked for basic guidelines to develop the site plan. The primary concern was to keep the new facility to the south of S. E. 1st Avenue. As there are funding restrictions, Mr. Frederick said the site plan needs to be developed so it can be done in a phase basis. Mr. Frederick said the old tennis courts and the new tennis courts and playground will be relocated on Congress Avenue. When the facility and site is totally developed, there will be a minimum of 90 parking spaces. Mr. Frederick explained the proPosal by indicating changes on the layouts. He showed how they would like for it to look at the completion of the total project, built out in Block 4. With the first phase, Mr. Frederick said they were looking at the location of the building. They are looking at reno- vating the parking lot, irrigation and landscaping but basically, everything else will remain the same. The problem they have at this point is the parking only allows for 67 parking spaces, and there should be 90 spaces. Mr. Frederick questioned whether (1) they should go for a variance and build the rest of the spaces at the time the master plan is completed. (2) Take the area where the trailers are now and expand that, which would give them 17 additional spaces. When they do that, Mr. Frederick said they will have to bring the entire lot up to Code. That would be an addition- al cost of $77,000 and would bring them to 84 spaces. Commissioner Aguila wondered what kind of message they would be sending to the community by not following the same rules they have to follow. City Manager Miller replied they have not talked about that. Mr. Frederick stated they were looking for (1) approval of the general site plan concept, (2) a solution of how the Commission wanted to approach the parking problem, and (3) authorization to proceed. Mr. Orlowski would go into the preliminary design and come back to the Commission with the final cost estimates prior to bid. Commissioner Aguila wanted to direct the Consulting Engineer and Architect to look at this again. He asked whether the Recreation Building could be done in a phased fashion so they would have enough useable portion of the building to not require parking, so they would not send the wrong message to the people. Mr. Orlowski replied it would be tough because the area is so small.' There were further comments about parking. 40 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 Mr. Frederick told Commissioner Aguila the parking was estimated at $77,000 over what was budgeted. The budget was $600,000 to do the complete phase 1 project. Commissioner Aguila stated he would go along with that. City Manager Miller said there is approximately $1,000,000 in the Capital Improvements Fund for capital projects. He stated the money is there, but it is getting thin. There were further comments. Vice Mayor Harmening did not think the tennis courts were getting much use. City Manager Miller stated that he and Mr. Frederick shared the Commission's concerns relative to the parking. Giving themselves a variance would put them in a difficult position. Comments were made about acquiring more property. Commissioner Aguila asked if the building was being designed by Gee & Jenson. Mr. Frederick answered affirmatively. Discussion ensued about the need for this and the problem with the school. Commissioner Aguila moved to authorize the City Manager to obtain funding for the 84 parking spaces and the proposed recreation building for $677,000. Vice Mayor Harmening seconded the motion, and the motion carried 5-0. E. Woolbright Place PUD/PCD (Tradewinds Development Corporation) - construction status On May 2, 1991, Mr. Staudinger wrote a letter to the City Attorney concerning the construction status of Tradewinds Development, noting several items. The three specific items were barricade problems, missing inlet structures~missing inlet grates and manhole covers, and blowing sand. It was evident that activity was occurring in that area, and Mr. Staudinger asked City Attorney Cherof to promptly notify the developer of the situation. City Attorney Cherof notified the developer. After a con- versation with City Manager Miller, the developer faxed a letter to Mr. Staudinger. The letter was from Michael Morton, Tradewinds Group, and stated that he would imme- diately instruct his contractor to replace any inlet grates and manhole covers that have been stolen from their respec- tive locations. Secondly, Mr. Morton wrote that he would immediately instruct his people to again seed and mulch all exposed areas to alleviate the blowing sand problem. They 41 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 already had Bob's Barricades replace any barricades that were in disrepair. Mr. Staudinger said he would report back in a couple of weeks to the Commission if this does not occur. Vice Mayor Harmening thought they should follow that path and see what happens. City Manager Miller did not think a motion was needed at this point. He wanted City Attorney Cherof to report on the industrial access road as it pertained to Woolbright Place PUD/PCD. City Attorney Cherof stated that one of the open issues was whether Tradewinds to provide the right-of-way for an industrial access road or, as legally under the site plan and master plan, actually construct an industrial access road. Previous Commission action accepted some work on Tradewinds part with the understanding they would seek clarification through a declaratory action in Court or a motion to the Court to ask for clarification of their responsibility under the Settlement Agreement and those documents. Yesterday, City Attorney Cherof received a copy of a motion Tradewinds had filed in the existing proceeding where the Settlement Agreement was entered into. City Attorney Cherof said he would prepare a response consistent with the position the City had taken before, which was that Tradewinds has the responsibility to construct the road. City Attorney Cherof noted the motion made specific reference to the rights of Winchester. Winchester is not a party to that litigation, although it is anticipated they might intervene. Vice Mayor Harmening referred to the road in back of Home Depot. Mr. Staudinger replied it was part of the area he addressed, where the inlet grates were missing. It is in Phase 2 to the north. Vice Mayor Harmening was alluding to the drainage coming from the approved area of Home Depot. He asked whether it empties into the sewer that goes to the lake. Mr. Staudinger answered affirmatively and said that is what Mr. Morton is taking care of. Discussion ensued about the drainage and storm sewers. Before any bonds are released. Mr. Staudinger said he will make sure there is a final inspection. Commissioner Matson asked whether Mr. Staudinger had addressed what will happen. She knew there was a problem with the water lines, and there is no water for the project. Mr. Staudinger replied that nothing has come into the City as far as permits on the PUD. Mr. Morton is trying to get 42 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 the Health Department's approval and work with the Utilities Department. City Manager Miller apprised the Commission that Mr. Morton received a denial from the Health Department for service to the PUD, and he can only establish a dry line. City Manager Miller said the Health Department usually sends his office and the Utilities Department a copy when they reject an application. Mr. Morton said the County told him there was a moratorium. Mr. Miller was not notified of any moratorium so he faxed Mr. Morton a letter asking him to get that information to him as soon as possible. Right now, he was waiting for information from Mr. Morton so he could run this down. Mr. Staudinger interjected that nothing is being processed through the City at this time. F. Federal Anti-Drug Abuse Act grant funds - support securing grant funds for continuation of Palm Beach County Comprehensive Substance Abuse Proqram City Manager Miller said the Palm Beach County Sheriff's Department is putting an application in for Federal anti-drug abuse grant funds, and they need some form of approval from the cities for support to assist them in the program. He recommended that the letter of support be provided. The Commission agreed the letter should be sent. CITY MANAGER'S REPORT None. ADMINISTRATIVE A. City Board Appointments Civil Service Board Commissioner Artis appointed Norman Gregory as an Alternate Member on the Civil Service Board for a two year term to April, 1993 without objection. Community Appearance Board Commissioner Artis began to appoint Ann Michael as a Regular Member to the CAB. Vice Mayor Harmening informed her he 43 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 appointed her as an Alternate Member at the April 16th meeting. Commissioner Artis TABLED her appointment. Community Relations Board Vice Mayor Harmening appointed Barbara Kruger as an Alternate Member to the CRB for a one year term expiring April, 1992. There were no objections. Library Board Commissioner Artis appointed Dorothy Walker as a Regular Member to the Library Board for a three year term expiring April, 1994. There were no objections. Recreation & Parks Board Commissioner Artis appointed Mikel Lynch-Jones as a Regular Member to the Recreation & Parks Board for a three year term expiring April, 1994. Police Officers' Trust Fund Commissioner Matson requested that appointment be left on the table. Golf Advisory Committee Commissioner Artis appointed William McCarty as a Regular Member to the Golf Advisory Committee. Vice Mayor Harmening appointed Alfred Peiffer as an Alternate Member, and Mayor Weiner appointed Walter Kies as an Alternate Member. All of those appointed were appointed for a five year term expiring June, 1996. B. Authorization to negotiate with various investment bank- ing companies reference refunding the 1984 "Golf Course" bond issue (a/k/a Recreational Facilities Revenue Bonds) On April 2nd, City Manager Miller said the Commission gave direction to the City Staff relative to the refunding of the current 1984 golf course bond issue. At this time, the City is asking for Request for Proposals (RFPs) from Archi- tects for this. City Manager Miller wanted direction as to how to proceed. City Manager Miller referred to his Memorandum No. 91-110 dated May 7, 1991, to which was attached Memorandum 91-029 from Grady Swann, Director of Finance. He said there was no requirement that they seek 44 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 additional proposals. City Manager Miller wanted it narrowed down to three or four firms. He and Mr. Swann could see what they could do relative to a price. Vice Mayor Harmening moved to rate the companies in the following order: #1 William R. Hough & Company, and 92 Smith, Barney, Harris, Upham & Company, Inc. If they have to go beyond that, he moved that it be Southeastern Municipal Bonds, Inc. Commissioner Aguila seconded the motion for discussion. Commissioner Aguila asked what makes some proposals short listed versus another proposal. Mr. Swann answered it is the experience level they work with and whether they have made an effort to contact the City and give the City guidance as to the current market situation or how they can do a better job than the others. Vice Mayor Harmening advised that William R. Hough & Company was the City's banking company for many years. Arthur Zinn, representing Raymond James & Associates, one of the investment firms that submitted an application. He stated their firm is very interested in working on this transaction. He sent a letter to City Manager Miller dated May 3, 1991 in which they looked at potential refunding. Mr. Zinn thought some creative things could be done. In their letter, they stated that in the traditional refunding, the savings would be $175,000, By doing something more innovative, that savings could go up to $199,000.. If the City decided to pursue this, Mr. Zinn requested that Raymond James be given the opportunity to submit a proposal. They are prepared to do it for an extremely reasonable fee. A representative of Smith, Barney stated he was the investor and banker on the utility issue. They submitted a fee, which he thought was part of the Commission's addendum packages. Last year, there was concern about costs. Smith, Barney was hired to put the package together. All the various professionals involved in bond financing had their fees capped. Smith, Barney was successful in bringing the issue to market at a very good interest rate. Regardless of what they decided to do, the representative urged the Commission to proceed with this because the interest rate is attractive. He also encouraged the City to get the bond into the market as soon as possible. Vice Mayor Harmening thought they should probably consider their Bond Counsel. He recommended that they employ Howard 45 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 Whitaker, who is with a firm that has done several bond issues in the past. Commissioner Aguila questioned whether they could act on that when it was not on the agenda. Vice Mayor Harmening stated it was included in the agenda as part of an agenda item. Mark Raymond, Esq., Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P. A., West Palm Beach, said Moyle, Flanigan served as the Bond Counsel on the last three issues undertaken by the City. He thought they had shown they are fully capable and willing to perform the services needed by the City. They have shown an interest in the City. They were here during difficult times and took over as counsel for the City when the City was without legal counsel. He hoped the Commission would consider them along with any other firms they were considering as Bond Counsel. Commissioner Aguila asked whether they were at a stage in the procedure where they should consider changing. He asked whether Bond Counsel come on an "as needed" basis when bonds come up. Vice Mayor Harmening answered affirmatively. Commissioner Matson did not know any of those mentioned for Bond Counsel, and she did not think they should choose one tonight. She wanted to see proposals. City Manager Miller wanted the investment banking companies to give him three or four names. That would allow Mr. Swann and him to get proposals. City Manager Miller stated they could easily hold off on the Bond Counsel until the next meeting. He could probably have proposals from these two firms and other firms by the end of the week for the Commission's review. However, City Manager Miller wanted to get the proposals of the investment banking companies moving because they are watching the market. Under the investment banking services, it was decided the following names should be put on the next agenda for consideration: William R. Hough & Company; Smith, Barney, Harris, Upham & Company, Inc.; Southeastern Municipal Bonds, Inc., and Raymond James & Associates. C. Fire Station #3 - Change Orders 18, 19 and 20 Change Order 18 was for freezer door changes in the amount of $975.42. Change Order 19 was for a change on the handicap hand rails in the sum of $735.63, and Change Order 20 for revised electrical wiring and a circuit breaker for the dishwasher at a total cost of $275. The subcontractor is S. T. Wicole Construction, Pompano Beach, FL. 46 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 There was discussion about a retaining wall. Bill DeBeck, Project Manager, informed Vice Mayor Harmening they are looking at different options and will go from there. Commissioner Aguila pointed out that the Architects were responsible for the design. City Manager Miller responded that the City would have to initiate an action against the Architects. Vice Mayor Harmening moved to approve Change Orders 18, 19 and 20, seconded by Commissioner Aguila. Motion carried 5-0. D. Consider purchasing advertisement in special convention issue of Quality Cities Magazine City Manager Miller said the cost for advertisement ranged from $90 for an 1/8th page advertisement to $415 for a full page advertisement. He recommended the $90 ad. Commissioner Aguila moved not to purchase an advertisement. He made comments concerning other uses for the money, such as the Ambassadors Club at Santaluces High School. Vice Mayor Harmening seconded the motion, and the motion carried 5-0. E. Consider approval of a proposal from Gee & Jenson, Consulting Engineers, for drainage system at Golf Course to include field surveys, preparation of design plans and specifications, and permit applications City Manager Miller referred to the drainage problems out- lined in this memo ~91-020 and added the City also wants to provide proper drainage for the future planned expansion of the cart building. The total proposal comes to $6,300. Commissioner Aguila had a problem with the contract. It said the estimate was for budget purposes and should not be considered a guaranteed amount. Discussion ensued about the cost. Mr. Staudinger, told Commissioner Aguila that Gee & Jenson does not exceed esti- mates without written permission from their clients. If the Commission wished to change that, they should let him know. Mr. Staudinger apprised Commissioner Aguila that if they perform the services for less than the estimate, the bill will be less. There was further discussion between Commissioner Aguila and Mr. Staudinger about the contract. Joe Sciortino, Golf Director, interjected that the $6,300 was not a blind figure. The City had its own staff analyze 47 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY~ 7, 1991 what it would take to do it at the City's cost. This was shown in Utilities memorandum ~91-222 from the Utilities Director. Gee & Jenson said they could do the work in 45 days. The Utilities Department could not do it in less than a year. Commissioner Aguila moved to approve the proposal of Gee & Jenson Consulting Engineers with the fee not to exceed $6,300. Vice Mayor Harmening seconded the motion, and the motion carried 5-0. F. Change Order No. 1 for Hester Park for construction of an exercise room and Change Order No. 1 for Rolling Green Park to construct rest room/shelter building The Change Orders were described in Memorandum 91-022 dated April 29, 1991 from Bill DeBec~, Project Manager, to City Manager Miller. City Manager Miller informed Mayor Weiner the exercise room will be supervised. Comments were made about the rest rooms at Sara Sims Park. Commissioner Aguila moved to approve the Change Orders, seconded by Commissioner Matson. Motion carried 5-0. G. Emergency Sewer Rehabilitation in the Rainbow Lakes and Bryan Boulevard Area - requested by City Manager Miller City Manager Miller said there are several areas in Rainbow Lakes and Bryan Boulevard where sewers are near a complete failure. On N. E. 22nd Avenue, there was a severe break at one point. The City would like to piggy-back on Broward County's bid for a total cost of $48,35'9. The only alterna- tives would be cost prohibitive or take a long time. Discussion ensued betwen Vice Mayor Harmening and the Utilities Department about the break in the gravity sewer at N. E. 22nd Avenue and 4th Street. Vice Mayor Harmening moved to authorize the repairs, seconded by Commissioner Aguila. Motion carried 5-0. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of April 16, 1991 48 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 7, 1991 Under "Presentations" on page 2, Vice Mayor Harmening said the first sentence should be corrected to show Bob Randolph is a Member of the Boynton Beach Kiwanis Club and Lieutenant Governor of District 14. On page 24, paragraph 2, Commissioner Aguila wanted it clarified that bi-monthly means every other month. Vice Mayor Harmening drew attention to the Motion on page 30 and stated the word "apparition" should be changed to "apprehension". He clarified that "apprehension'! was created by the City Commission's decision of a few weeks ago. On page 33, under "Community Appearance Board, Vice Mayor Harmening said "Ann Williams Michael" was incorrect. It should be "Ann Weems Michael. Commissioner Matson called attention to the last sentence in the paragraph entitled "Motion Repeated" on page 20, and said the word "prepared" should be changed to "recorded". 2. Special City Commission Meeting Minutes of April 23, 1991 B. Bids - Recommend Approval - Ail expenditures are approved in the 1990-91 Adopted Budget 1. One new curbside recycling materials collection vehicle The Tabulation Committee recommended awarding the bid to Municipal Sales & Leasing, Lakeland, FL in the following amounts: Cab & Chassis $36,668 Ford F-800; Body $31,500 National Regency NR-340/ 2. Annual bid f~r metal containers The Awarding Committee recommended the contract with Hesco Sales, Inc., Hialeah, FL be renewed under the same terms and conditions. C. Piggyback Solid Waste Authority Bid for recycling bins Olivia McLean, Director of Purchasing, recommended piggyback- ing the Solid Waste Authority's competitive bid and purchas- ing the bins from Rehrig Pacific Co., Atlanta, GA at $3.99 for immediate purchase and at $4.50 for future purchases. 49 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA M_AY 7, 1991 D. Approve authorization to dispose of records - Personnel By Memorandum 91-055, the City Clerk requested approval to dispose of records described in Records Management Request No. 209. E. Approval of Bills See list attached to the orginal copy of these minutes in the Office of the City Clerk. OTHER None. ADJOURNMENT The meeting properly adjourned at 11:00 P. M. CITY OF BOYNTON BEACH Mayor ATTEST: R~e c~~Jc~r e~t a r~~z/c'--- (Five Tapes) (/ Vi ce Mayor ~"2 A Com~s s loner 50 AGENDA May 7, 1991 XI. CONSENT AGENDA E cc: Otil, Finance, l~gmt Serv l~ec ABC RESEARCH 16 Regulated VOC and Unregulated Organic per D.E.R. for testing required by E.P.A. & D.E.R.every 3 years. Last performed in 1988. Pay from Water & Sewer Rev---401-331-5-460-05 ADEMCO DISTRIBUTION, INC. 10 Master Stations and Power Supply to improve internal communications in Utilities Admn. by installing Intercom System and Public Address System for garage area. Pay from Water & Sewer Rev---401-391-5-434-00 "Best of 3 quotes" BOARD OF COUNTY COMMISSIONERS PALM BEACH COUNTY Inv. 87538B-003 for expenses incurred during period 2/28/91 thru 3/31/91 re: Utility Relocation Reimbursement Agreement Woolbright Rd~ from Military Trail to Congress Ave. Pay from 1985 Const. Fund---409-000-0-690-10 DIRECT ACCESS MAINTENANCE 2 Star Micronics Receipt Printers for use in circulation area by Library Staff for checking out books and other library materials. Pay from General Fund---001-000-1-451-27 EASTERN AUTO BODY & GLASS Repair right rear fender vehicle #418. Pay from Self Insurance Fund---622-195-5-440-01 ELKINS CONSTRUCTORS, INC. Blanket P.O. #84255 - Est. #10 Improvements to B.B. E. Water Treatment Plant for period 3/16/91 thru 4/15/91. Pay from Utility Capital Improve.---404-000-0-690-10 Per bid 4/3/90, Commission approved 4/17/90 FLORIDA DEPT. OF EMPLOYMENT SECURITY Self-Insurer Assessment - advance assessment period 10/16/90 thru 10/15/91 - 2nd installment quarter from 1/16/91-4/15/91. Pay from Self Insurer's Fund---622-195-5-134-00 FLORIDA MUNICIPAL PROPERTY SELF-INSURERS PROGRAM Final audit billing for 1989/90 fund year. Pay from Self Insurer's Fund---622-195-5-442-00 GEE & JENSON ENGINEERS Blanket P.O. #86324 - New Recreation Center - Inv.27638 for period 2/23/91 thru 3/29/91. Pay from Public Svs. Tax Constr.---301-721-5-463-05 Commission approved 12/4/90 $ 11,970.00 1,631.45 161,160.00 1,026.00 1,331.60 189,773.23 6,098.00 29,563.00 2,183.78 COrvI V SSiON MAY ? ]99! APPROVAL 10. 12. 13. 14. 15. 16. 17. 18. 19. 20. GEE & JENSON, ENGINEERS Professional and engineering services from 2/23/91 thru 3/29/91. Pay from various accounts. HECTOR TURF 1 set of 3 GM 3000 Verti-Groom Reels for grooming and conditioning Greens surfaces for Golf Course. Pay from Golf Course Fund---411-726-5-641-00 HELENA CHEMICAL COMPANY Blanket P.O. #85979 - Payment #1 - for Pesticides, Fungicides and Herbicides for Golf Course. Pay from Golf Course Fund---411-726-5-361-00 IBM CORPORATION Copier 70 (City Clerk's office) Lease Payment. Pay from General Fund---001-194-5-422-00 LAWMEN'S & SHOOTERS' SUPPLY INC. Targets for use during qualifications and practice, current supply is low. Ammo replacing used and old service ammo. Pay from General Fund---001-211-5-381-00 "State Contract #680-000-91-1" MARTIN'S LAMAR Green work pants for Warehouse. Pay from Warehouse Fund---502-000-0-410-13 MATRXMEDICAL INC. Blanket P.O. #86140 - Replacement of emergency medical supplies. Pay from General Fund---001-221-5-371-00 MOTOROLA INC. 50 High capacity Nicad batteries for STX portable radios. Pay from General Fund---001-197-5-323-00 "State Contract #450-120-91-1" NEWS/SUN SENTINEL Boynton's G.A.L.A. - payment for ads purchased from Sun Sen- tinel. Pay from General Fund---001-000-1-290-70 NEW CONCEPT MARKETING, INC. Newsletter - Label, sort, bundle & bag. Pay from General Fund---001-194-5-472-00 NYNEX BUSINESS CENTERS 2 Emulation boards & adapters for Meter Reading and Procure- ment Assistant and 4 emulation tables for various departments. Pay from various departments. "State Contract #250-040-90-1" 10,540.10 3,328.00 1,125.00 1,233.81 2,799.96 2,541.02 1,347.25 1,097.50 1,734.00 1,315.08 1,000.74 MAY ? 1991 APPkuYAL N 21. PALM BEACH NEWSPAPERS, INC. Legal advertising from 3/3/91 thru 3/27/91. Pay from General Fund---001-122-5-470-12 .......... 1152.90 " " " " 001-122-5-475-00 .......... 227.88 " " Sanitation Fund 431-341-5-475-00 ......... 704.55 22. 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 Commission approved contract. 23. PUMP & EQUIPMENT COMPANY 1 Hitachi 50 horsepower - 460 volt motor to be used with a two-stage submersible pump for Water Supply. Pay from Water & Sewer Rev---401-331-5-430-03 "Best of 3 quotes" 24. QED ENVIRONMENTAL SYSTEMS, INC. 6 Bladder Pumps needed so as not to contaminate samples with air - samples required bi-weekly for Water Supply. Pay from Water & Sewer Rev---401-331-5-642-00 25. SCE, INC. Odor Abatement System - Aeration Covers, Effluent Pumping Station Expansion and Electrical Building Project Pmt. #8 for period 3/22/91 thru 4/18/91. Pay from 1985 Constr. Fund---409-000-0-691-20 26. ST. ANDREW'S MANAGEMENT, INC. Repairing a portion of sea wall near St. Andrew's Club. Pay from Water & Sewer Util Rev---421-000-0-691-21 27. SANDERS, ASPINWALL, & ASSOCIATES, INC. 1 Impeller trimmed to 9" "Counter Clockwise" for Lift Sta- tion #202. Pay from Water & Sewer Rev---401-352-5-433-00 28. RICHARD L. SHEPHARD & ASSOCIATES, INC. Property surveys on 17 City-owned lots to be used in Infill Construction Program. Pay from Community Improvement---621-196-5-499-00 29. SNAP-ON TOOLS CORPORATION 1Freon Recovery Recycling Unit complete w/training video. Pay from Vehicle Service Fund---501-193-5-641-00 "Best of 3 written quotes. 30. STANDARD LAW ENFORCEMENT SUPPLY Ammunition to replace stock for Range Practice and Qualifi- cations. Pay from General Fund---001-211-5-381-00 2,085.33 7,856.55 2,225.00 8,641.99 426,275.02 4,605.00 1,019.58 1,666.00 2,246.25 1,464.00 ;SS ON MAY ? 1991 APPROVAL 31. 32. 33. 34. 35. 36. 37. 38. STANLEY CONSULTANTS OF FLORIDA INC. Engineering services - West W.T.P. Construction Management Pmt. #1 fro 1/27/91 thru 3/30/91. Pay from 1985 Constr. Fund---409-000-0-690-10 SUNSTATE METER & SUPPLY, INC. 1Startup Kit, modules and registers - replacement parts for existing installations. Pay from Water & Sewer Rev---401-333-5-398-00 Commission approved contract on 7/10/90 for Water Meters. THE NEWS Legal advertising for month of February - $1197.14 and March - 1402.80. Pay from General Fund---001-122-5-475-00 - $ 811.98 " " " " 001-122-5-470-13 - 1106.40 " " " " 001-122-5-470-12 - 681.56 UNIJAX Fold Towels, Scott Roll Towels and various cleaning supplies for Warehouse. Pay from Warehouse Fund---502-000-0-410-11 UBid #032-502-91VSMG OSCAR VAGI & ASSOCIATES ARCHITECTS, INC. Inv. #1481 for Rolling Green Park Project - $1553~26~and Inv. #1482 for Ezell Hester Park Project - $3652.00. Pay from Public Svs. Tax Fund---301-721-5-634-01 - 1553.26 " " " " " " 301-721-5-640-30 - 3652.00 WASCON GROUP Extra to Consultant Agreement (P.O. #82469) for 1/15/91 for Fire Station #3 and Practice Range. Pay from Capital Improve. Fund---302-223-5-640-11 WAUSAU TILE INC. 4 Concrete Tables, 4 Handicap Style Tables, 1 Bench, 10 Ash & Trash Containers and 2 Umbrellas for Library/West Wing/City Hall/Fire Station. Pay from Public Svs. Tax Constr. Fund---301-194-5-640-23 Commission approved 2/5/91 S.T. WICOLE CONSTRUCTION Payment #15 on P.O. 82192 for construction of Fire Station #3 in accordance with Contract & Specifications. Pay from Capital Improve. Fund---302-000-1-450-20 $51,109.62 " " " " " 302-223-5-640-11 39,339.48 Per bid 8/10/89; Commission approved 12/5/89. 4,436.00 2,790.04 2,599.94 2,258.50 5,205.26 2,300.00 5,889.00 90,449.10 1991 APPHOVAI. 39. YOUNGQUIST BROTHERS, INC. Pmt. 1 P.O. #87091 - Deep Injection Well Disposal System per bid specifications. Pay from 1990 Construction Fund---409-000-0-690-10 Per bid 2/16/91, Commission approved 2/5/91 315,000.00 These bills have been approved and verified by the department heads involved, checked and approved for payment. Diane Reese, Assistant Finance Director I therefore recommend payment of these bills. J7 ~cott Miller~ C, ity Manager MAY ? 199] APPNOVAL