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Minutes 04-02-91MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, APRIL 2, 1991 AT 6:00 P. M. PRESENT Arline Weiner, Mayor Edward Harmening, Vice Mayor Jose' Aguila, 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 Mayor Weiner. AGENDA APPROVAL Agenda Forms Mayor Weiner announced that agenda forms would no longer be necessary. Anyone wanting to speak on an item not on the agenda could do so during the "Public Audience" part of the agenda. Mayor Weiner said those people wishing to speak on an item that was on the agenda should raise their hands, and they would be recognized. She added that everyone speaking will be asked to give his or her name, address, and the spelling of his or her last name. Under "VIII, NEW BUSINESS", City Manager Miller added "D. Establishment of an Environmentally Sensitive Lands Acquisi- tion Committee". He explained that the County is setting forth a nine member Committee on this, and the County won- dered whether the Commission wished to nominate anyone from the City. The County needs to know this by April 12, 1991. Commissioner Aguila moved, seconded by Commissioner Matson, to approve the agenda with the addition. Motion carried 4-0. ORGANIZATIONAL MATTERS 1. Resolution No. R91-55 Adoption of Robert's Rules of Order "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE 1990 EDITION OF ROBERT'S RULES OF ORDER NEWLY REVISED (LIBRARY OF CONGRESS CARD NO. ISBN 0673-38734-8) AS OFFICIAL RULES OF ORDER" Commissioner Matson moved, seconded by Commissioner Aguila, to adopt Resolution No. R91-55, Robert's Rules of Order. Motion carried 4-0. MINUTES - REGULAR CITY COMMISSION MEETING BO~fNTON BEACH, FLORIDA APRIL 2, 1991 2. Resolution No. R91-56 Establishing Roi1 Call Voting Procedure "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A ROTATING ROLL CALL PROCEDURE FOR VOTING" Commissioner Aguila moved, seconded by Commissioner Matson, to adopt Resolution No. R91-56. Motion carried 4-0. ANNOUNCEMENTS Mayor Weiner announced the following: Proclamations a) Arbor Day - April 12, 1991 b) Dispatcher Appreciation Week - April 14-20, c) Month of the Young Child - April, 1991 d) Earth Day - April 22, 1991 e) National Library Week - April 14-20, 1991 1991 PRESENTATION 1. Tree City U.S.A. - 7th Consecutive Year City Manager Miller asked Kevin Hallahan, Urban Forester/ Environmentalist, to come forward. Mr. Hallahan explained that this award is received from the National Arbor Day Foundation. He outlined the four standards the City must comply with each year to receive the award. Mr. Hallahan presented the award to Mayor Weiner and the Commission on behalf of the National Arbor Day Foundation, as well as the State Division of Forestry. 2. Employee of the Month - March, 1991 City Manager Miller said this award is a way of recognizing personnel who contribute more to the City than what their job requires. This is the second month for the award. The employee is recognized by having a picture hanging in the City Hall complex and by having special parking privileges. City Manager Miller hoped that some day, when the City's financial situation gets better, there could be some mone- tary renumeration. City Manager Miller said Gary Rabenold and Earl Carver, Utilities Department, were being recognized for building a 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 TV grout truck from an existing nine year old unit, which resulted in high 'savings to the City. The project cost $17,500. If the City purchased this, it would cost $112,500 or $115,000. Mr. Rabenold and Mr. Carver put a lot of time and effort into building the truck. BIDS 600 KW Emergency Generator System - East Water Treatment Plant - Consideration of awarding bid to Misner Electric, Inc. of Florida and authorize execution of contract (Proposed Resolution No. R91-57) City Manager Miller stated it was recommended that the bid be awarded to Meisner Electric, Inc., Delra¥ Beach, FL, but with a five year warranty in the amount of $790, for the lump sum of $85,308. Vice Mayor Harmening had questions about the generator and the transfer switch. John Guidry, Director of Utilities, replied that the transfer switch was handled under a previous contract. This is a 600 KW diesel generator. Mr. Guidry added that Vice Mayor Harmening's questions had been addressed in the bid specifications. Bob Kenyon, Superintendent, Public Water and Pumping Stations, told Vice Mayor Harmening the power factor is *bulbs. He added that the City should be able to obtain $16,000 additional savings on the FPL rate next year by going to different rate structures on curtailment. 48O Commissioner Matson noted six months delivery time was anticipated for the generator, but it is needed in three months. She asked whether the bidding process could be expedited in the future. City Manager Miller answered affirmatively. City Attorney Cherof read proposed Resolution No. R91-57 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE AWARD OF CONTRACT TO MISNER ELECTRIC, INC., OF FLORIDA; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT FOR THE 600 KW GENERATOR FOR THE EAST WATER TREATMENT PLANT, BETWEEN THE CITY OF BOYNTON BEACH AND MISNER ELECTRIC, INC., OF FLORIDA, W~ICH IS ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE" *Sb~uldbe volts. See 4/16/91 minutes. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 Vice Mayor Harmening moved for the adoption of Resolution R91-57, seconded by Commissioner Matson. Motion carried 4-0. B. Golf Course Restaurant Concession - Consideration of awarding bid and authorizing execution of contract (Proposed Resolution No. R91-58) City Manager Miller told the Commission the Tabulation Committee for this bid consisted of Joe Sciortino, Golf Director; Freda DeFosse, Administrative Assistant; Wilfred Hawkins, Assistant to the City Manager; Grady Swann, Finance Director; and Charles Frederick, Recreation Director. Joe Sciortino, Golf Director, said the golf course was opened in 1984. The original concession had a two year contract granted in January, 1985. It was rebid in 1987, based on a two year contract with an option to renew, at which time there was a mutual agreement between the City and the bidder that was awarded the contract. In 1989, the contract was reawarded to the original concessionaire. Her term will be up April 29th. In looking at the concession contracts of other municipal golf courses in the area, Mr. Sciortino said it was found there was the potential for a substantial increase in revenues, the level of service, and the quality of food by going out to bid. The City came up with a very comprehen- sive bid designed to identify concessionaires that had the ability to run the City's concession, generate revenue, and upgrade the operation. Mr. Sciortino said the original contract was a flat monthly sum with a percentage of any gross over $100,000. Although the activity of the golf course had grown over 35%, he advised that the gross dollars had not grown. The new contract was based on a percentage of the gross dollars, paid monthly, so the progress can be monitored. Mr. Sciortino told the Commission there was a range of bids from 12% up to 25%. Two qualified bidders bid 25% and 22%. Both of these were interviewed by the Tabulation Committee yesterday, and it was felt San Francisco Puffs and Stuff, Inc., who has the contract for the Boca Municipal Golf Course., which is a similar operation to the City's that grosses over $150,000, were qualified, very businesslike, and impressive. It was felt the difference of 3% between the first and second bidder did not warrant going to the higher bidder due to the difference in golf course 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 experience. Mr. Sciortino elaborated about the qualifica- tions of San Francisco Puffs and Stuff. On that basis, the Tabulation Committee recommended awarding them a three year bid with an option to renew two additional years, one year at a time, based on mutual approval. Attorney Cherof informed Mayor Weiner that the Commission was not obligated to take the high bid. Commissioner Aguila asked what kind of revenue the concession stand will bring. Mr. $ciortino replied that the City spent over $4,000 over the last four years on maintenance of the equip- ment. The City was receiving ~600 but was only netting about ~-~00' because it was paying the sales tax off of the gross receipts. The new contract says the concessionaire will pay the sales tax and maintain the equipment. Also, the concessionaire is anticipating a gross amount of $130,000. The concessionaire hopes to net 8% after paying all of its expenses. Commissioner Aguila received several phone calls. He ques- tioned what the procedure for Request for Proposals (RFPs) was. It Was Commissioner Aguila's understanding that dif- ferent people were told different things. He hoped someone would bring this up, and it would be clarified. Commissioner Aguila called attention to the statement in the last paragraph of Mr. Sciortino's Memorandum 991-014 that neither Jim nor Karen Tomasso "have direct ownership experience at golf course facilities like ours.. " There- fore, the Tabulation Committee was willing to give up 3%. Commissioner Aguila did not understand what made a golf course concessionaire so unique that it would need golf course experience, by which the City would give up 3%. Mr. Sciortino explained how well he and Mrs. DeFosse work together. In the six month review, they discussed their con- cerns with the concessionaire, so there were no surprises. Every concessionaire is told the very same thing. They were told the City was looking for two major improvements. Because the activity levels of the golf course had gone up and the restaurant concession revenues had not, the City was looking for an increase there. Also, the City did not want to sacrifice quality or competitive pricing to achieve that. The bidders were to come up with a business plan to accomplish those common goals. Mr. Sciortino told how some Of the bidders addressed the goals. Mr. sciortino said Puffs and Stuff felt the present facility was adequate but unorganized. The way people are served 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 should be addressed. Mr. Sciortino explained the business plan of Puffs and Stuff would have a specific area for take- outs by people making "the turn". They could accomplish the goals of the City without sacrificing revenues to the City in terms of extra employees trying to serve people indivi- dually. Tomasso's, referred to by Commissioner Aguila, had a concept about all you can eat with a table to the side with sterno warmers and somebody servicing that. They were not sure what they would gross but hoped to do about the same. Puffs and Stuff were very sure in their proposal that what they bid would give the City the maximum revenue, and they could provide the service level. They also had a history of their quality of food, what they had done, and their experience in dealing with golfers. There was no doubt in the minds of Puffs and Stuff. On the basis of that, the Tabulation Committee was confident it had made the right choice. For the record, Commissioner Aguila stated he had not had anything to do with either bidder. The statement in Mr. Sciortino's memo caught his eye, but he was satisfied with Mr. Sciortino's answer. Commissioner Aguila asked if a question about an RFP that is sent out by the City should be in writing. City Manager Miller replied that it is not required to be in writing. Commissioner Aguila felt it should be in writing, so responses will also be in writing. Everybody should get a copy of the question and the response, so everyone is dealt with properly. He asked that this be looked at because it seemed to him the RFPs may not be fair. Commissioner Aguila emphasized the request was due to the phone calls he received, and he alluded to something else he would bring up later in the meeting. Lynn Stecko, 10 Coconut Lane, Ocean Ridge, had bid on the concession. She went to see City Manager Miller because she felt he was misled by the information that was given. She was told money was not the problem, but the City wanted tO upgrade. Ms. Stecko turned her best effort towards making something adequate first class. She was told everyone is fed the same information, but it was obvious that two people did not get the same information since they came very high compared to everyone else. One was the person in charge of the G.A.L.A. fast food operations, and the other was Tomasso's. Ms. Stecko pointed out that Puffs and Stuff is from Fort Lauderdale, not this area, and they are getting the bid. puffs and Stuff is also a California corporation. She 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA APRIL 2, 1991 stated she has a beach concession and is now trying to employ six people from Boynton Beach. Ms. Stecko recalled Mr. Sciortino said he saw everyone, but she never saw him. She met him at the opening of the bids. Someone told Ms. Stecko she got her information from an assistant and not the "real person". The bid paper told her to call Mr. Sciortino or Mrs. DeFosse. City Manager Miller apprised Mayor Weiner that Wilfred Hawkins, Assistant to the City Manager, had investigated this. City Manager Miller advised the Commission they could award the bid tonight. If it was tabled, the City would need specifics. If there was a cloud, City Manager Miller recommended that this be rebid. When the Commission gets involved in bids for concessions or major items, he felt they would always have the same questions come up. Mr. Hawkins felt it was a matter of interpretation. Mrs. DeFosse had talked to most of the bidders. Ms. Stecko was probably the 5th on the list. Mr. Hawkins was confident that the exchange of conversation was not misleading. The interpretation from the conversation could lead one person in one direction and another person in another direction. Mr. Hawkins agreed with Mr. Sciortino that other bidders did put emphasis on aesthetics and improvements, which showed that they went one way in their interpretation, and others went other ways. The City had no intention of misleading anyone. The City Staff makes an effort to be fair and to try and help when questions are put forth. Mr. Sciortino clarified that he personally interviewed some Of the bidders; Mrs. DeFosse personally interviewed some of the bidders, and together they interviewed some of the bidders. They are open seven days a week, and their schedules have to cover all seven days. Puffs and Stuff has many outlets and is looking to net 8%, not make a living with the concession, so they are able to pay more and take less. Mr. Sciortino further elaborated about the bid and the Tabulation Committee. Commissioner Aguila thought the City did a fine job and he saw no reason to table the matter. Motion Vice Mayor Harmening moved to award the contract to San Francisco Puffs and Stuff, seconded by Commissioner Aguila. 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 City Attorney. Cherof read Resolution R91-58 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND SAN FRANCISCO PUFFS AND STUFF, INC., WHICH CONTRACT AWARDS ALL THE FOOD AND BEVERAGE RIGHTS FOR THE BOYNTON BEACH MUNICIPAL GOLF COURSE; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE" A vote was taken on the motion, and the motion carried ~-0. PUBLIC HEARING None. PUBLIC AUDIENCE *Should be 3-1. Cc~m~ssioner Matson cast the dissenting vote. Henrietta Solomon, 230 N. E. 26th Avenue, congratulated the newly elected Commission on the elections and wished them a fruitful and successful term. Medians on North Federal Highway After talking about what the City and Hypoluxo have done to the medians on Federal Highway, Mrs. Solomon stated that would help to beautify North Boynton. North Boynton Beach should not be disregarded. Mrs. Solomon hoped the City would continue the beautification of the medians and include North Boynton. Police, Community Advisory Board, and Minorities Margaret Newton, 701 N. W. 4th Street, referred to problems with the walking beat. Police Chief Hillery spoke to her at length about the problems, and Mrs. Newton said the Police beat will be expanded. Some people Mrs. Newton spoke to were happy that the beat will be expanded, but they were unhappy about the vagueness of the duties of the Police. Apparently, the morale of most of the people was not very high. Mrs. Newton also wondered why the Community Advisory Board did not meet on this issue before it reached the newspapers. She was told by Chief Hillery that the Board had not met. Mrs. Newton knew that the Community Advisory Board does not have an agenda when it meets. 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 Mrs. Newton hoped the City Commission was still serious about looking for more minority Police Officers. She told how terrible New York is and said she would hate to see the community relations that have developed so far "fly back" because of the budget. City Manager Miller told Mrs. Newton the Community Service Officer (CSO) program is not being eliminated. There are three CSOs, and there will be four. Once Ezell Hester Park is developed, there will be an additional two. One room in the proposed civic center at the park will be utilized by a CSO office. City Manager Miller said the City does not want a Police substation there. Police Chief Hillery stated that he instituted the CSO program almost three years ago. The Officers are to act as conduits of all City services of government. Police Chief Hillery named dumpsters and the cleaning up of vacant lots as an example. When the Officers see a situation that can be taken care of, they contact the area of City government responsible for that. With regard to why the Community Advisory Board had not met, Police Chief Hillery wanted to think that one of the Officers involved had not called the newspaper. He stated it became public before the Officer who was having trouble communicating his desires through the proper chain of com- mand got it to Chief Hillery's office. Police Chief Hillery emphasized he is committed to this project. Allegations were made that the CSO Officers were ridiculed by their fellow Officers. Police Chief Hillery mentioned other divisions of the Police Department and said anyone in special details will be the target of jealously, etc. He confirmed the statements made by City Manager Miller and repeated prior statements. Chief Hillery said the CSO Officers are to work with people in the area to solve prob- lems, and he elaborated about what the Officers do and why the program was established. Mayor Weiner thought there should be another Police/ Community Advisory Board meeting. She stated she would work it out with City Manager Miller. Smuggler's on the Water (formerly Rumbottoms) Cynthia Greenhouse, 618 N. E. 20th Lane, lives at Waters Edge, which is the complex directly to the south of this 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 establishment. She noticed "Smuggler's" recently restriped and resurfaced their parking lot and have repainted. Ms. Greenhouse felt Smuggler's was in the process of opening again. She contacted Betty McMinamen, Occupational Licenses, and she also spoke to several City Staff Members. Nobody seemed to know what Smuggler's has in mind. The only application on file was for Smuggler's on the Water. The description of the business is a restaurant, lounge, and entertainment. Ms. Greenhouse recalled the problems the residents of her complex previously had with the noise, Ms. Greenhouse asked a City Building Department Staff Member whether any inspections were being done for sound proofing. She wondered if anything ink, the Building Code required sound proofing when there is to be entertainment. The Staff Member was unaware of any, and Ms. Greenhouse suggested the Commis- sion might want to consider that for a future Code revision. Ms. Greenhouse referred to the prior Commission sending a clear message to the proprietor that a violation of the City's Noise Ordinance will not be tolerated, and it will be strictly enforced. She asked this Commission to send the same message to the new owners. Mayor Weiner stated that the City expects the Ordinance to be obeyed. If it is not, the City will expect to know the reason why. Commissioner Matson inquired whether this was a new project. Don Jaeger, Building Official, said his department has per- mits on the job. Smuggler's is extending the stairway down and adding sprinkler systems in the building to make it safe. A licensed contractor is doing the work. After answering prior questions posed by City Manager Miller, Mr. Jaeger pointed out that the owner is on the license, and the contractor is on the permit. It was his understanding that since the problems the City has had with that establishment, Smuggler's had agreed to complete all of the permits this time prior to submitting a license. City Manager Miller asked whether the owner is the same person the City has had problems with for the last five years. Mr. Jaeger understood the establishment has been under the continual ownership of the same entity. There Will be a new licensee. City Manager Miller recalled the noise problems had been with the Manager and not the owner. 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 Substandard Lighting Promenade Shopping Center Ms. Greenhouse called attention to the dark parking lot at this shopping center. She recalled the Agent for the developer was going to increase the lighting, but this has not been done. Casa Blanca Apartments While driving by on Boynton Beach Boulevard, Ms. Greenhouse noticed this parking lot is very dark. She understood the approved plan went before the Planning and Zoning (P&Z) Board. Subsequently, a second set of substandard plans were approved, and substandard lighting was permitted. Ms. Greenhouse asked the Commissioners to drive by, and she questioned what the City's liability would be if an injury occurs there. If there was a second set of plans, she wondered why it did not go back to the P&Z Board and to the City Commission. Ms. Greenhouse thought this should be looked into. Ms. Greenhouse felt future developments should be monitored, as they were talking about the health, safety and welfare of the public. City Manager Miller said the City is aware that Casa Blanca's lighting is substandard, and Casa Blanca is aware it is substandard. They are dealing with it right now, and it will be submitted to the City. City Manager Miller told Commissioner Aguila that would not cover Boynton Beach Boulevard. He explained what happened on Boynton Beach Boulevard. In answer to another question by Commissioner Aguila, City Manager Miller recounted the history of the Casa Blanca Apartments. DEVELOPMENT PLANS A. Consent Agenda - Unanimously Approved by Planning & Zoning Board None. B. Non-Consent Agenda - Not Unanimously Approved by Planning & Zoning Board 1. Boynton Lakes Plats 4, 5, 6, 6A - Master Plan Modification (Reduction in setbacks) City Attorney Cherof had the opportunity to look at the recorded documents of this Association and the relationship ~he applicants (the property owners) had to both the Associ- ation and the City. It was his opinion that the only proper 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 applicant for a master plan change or site plan change for this development would be an application submitted to the City by that Association. City Attorney Cherof did not think the application before the City was properly before the City. He knew the City Staff had reviewed the applica- tion in its totality, but he proposed it was not proper to move the application forward either with an approval or denial because the applicants were not the proper parties. Commissioner Matson lives in Boynton Lakes North, and she asked City Attorney Cherof if there would be a conflict if she voted on this. Mayor Weiner did not think the Commis- sion would be voting on this because of the determination by the City Attorney. She felt the matter was moot. Vice Mayor Harmening recommended that the City return the applicants' application fee. He strongly recommended that the people wanting the changes in the master plan not pursue this because he did not think it would be for the overall benefit of the area or the City. Vice Mayor Harmening was not in favor of it. City Attorney Cherof repeated that because of the wording of their Declaration, the individual property owners were not in a position to move an application for a site plan or a master plan amendment forward. It would take the Associa- tion to file an application with the City and to move it forward, because the Declaration defines the Association as having control over those elements. Motion City Attorney Cherof advised Mayor Weiner that the Commis- sion should direct the administration to refund the applica- tion fee because it should not have been accepted in the first place. Vice Mayor Harmening so moved. The motion was seconded by Commissioner Aguila and carried 4-0. Richard F. Roeding, 3 Verwood Way, Boynton Lakes North, Lantana, FL 33462, stated what the Commission did was illegal, improper, immoral and absolutely ridiculous. If that was the way the Commission was going to carry on, he saw no future for the City of Boynton Beach because the Commission was not allowing people to act in their own Behalf° They were hiding behind a Homeowners' Association that does not carry the will of the people. Mr. Roeding was very upset by this treatment by the present Commission. He said the applicants had received a Resolu- ~tion from the previous City Commission that allowed them to 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 make the application. At that time, if there was a legal problem, it should have been brought up. The present City Commission had just pushed them out the door without any reason because the applicants had the Resolution. Mayor Weiner responded that the Commission had a legal ruling by the City Attorney and a vote. Mr. Roeding assured her the City Commission would see a lot more of the applicants. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 091-16 Re: Repealing Section 33 of City Charter concerning codification of Ordinances and creating a new section entitled Ordinances City Attorney Cherof read proposed Ordinance No. 091-16 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING SECTION 33 OF THE CITY CHARTER CONCERNING CODIFICATION OF ORDINANCES AND CREATING A NEW SECTION 1-9 OF THE CODE OF ORDINANCES, ENTITLED "ORDINANCES; CITY LAWS AND CODIFICATION"; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Mayor Weiner asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Harmening moved to adopt Ordinance No. O91-16 on second and 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 Matson - Aye Motion carried 4-0. B- Ordinances - 1st Reading 1. Proposed Ordinance No. 091-17 Re: Interim Services Fee City Attorney Cherof read proposed Ordinance No. 091-17 by title only: 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING AN 'INTERIM SERVICES FEE'; APPLICABLE TO STRUCTURES CERTIFIED FOR OCCUPANCY BUT NOT APPEARING ON THE COUNTY TAX ROLL; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE IMPOSITION OF AN INTERIM SERVICES FEE; PROVIDING 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." Vice Mayor Harmening moved to adopt proposed Ordinance No. 091-17 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 Matson - Aye Mayor Weiner - Aye Motion carried 4-0. C. Resolutions Proposed Resolution No. R91-59 Re: Lease for Juvenile Services, City Hall for two days a week Inc. to use room in "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND JUVENILE SERVICES PROGRAM, INC., (JASP PROGRAM), A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE" Mayor Harmening moved, seconded by Commissioner Matson, to adopt Resolution No. R91-59. Motion carried 4-0. Proposed Resolution No. R91-60 Re: Approval of employment contract for Robert Hagel, Executive Director, South Central Regional Wastewater Treatment and Disposal Board ,A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AND ROBERT HAGEL; A COPY OF SAID EMPLOYMENT AGREEMENT ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING FOR AN EFFECTIVE DATE" Commissioner Aguila moved, seconded by Commissioner Matson, to approve Resolution No. R91-~O. Motion carried 4-0. Proposed Resolution No. R91-61 Re: Applications for Renewal of Radio Station Licenses for Utilities Department Lift Stations (Telemetering Systems) "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE TWENTY (20) FEDERAL COMMUNICATIONS COMMIS- SION APPLICATIONS FOR RENEWAL OF RADIO STATION LICENSES; AND PROVIDING AN EFFECTIVE DATE" Vice Mayor Harmening moved, seconded by Commissioner Aguila, to adopt Resolution No. R91-61. Motion carried 4-0. 4. Proposed Resolution No. R91-62 Re: Abandonment of Right-of-Way - Old Boynton Road "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A PORTION OF THE OLD BOYNTON ROAD RIGHT-OF-WAY, RESERVING UNTO THE CITY A UTILITY EASEMENT; THE RIGHT-OF-WAY BEING LOCATED ON BOYNTON BEACH BOULEVARD AT OLD BOYNTON ROAD, NORTHEAST CORNER AND BEING MORE PARTICU- LARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ROAD RIGHT-OF-WAY; PROVID- ING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE" Commissioner Aguila moved, seconded by Commissioner Matson, to approve Resolution No. R91-62. Motion carried 4-0. Proposed Resolution No. R91-50 Re: Acquisition of 6.63 acre tract of land owned by Rose adjacent to East Water Treatment Plant .~. .TABLED Vice Mayor Harmening moved to remove this item from the table, seconded by Commissioner Matson. Motion carried 4-0. "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN CONTRACT FOR SALE AND PURCHASE AND THE 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 ADDENDUM THERETO REGARDING THE PURCHASE OF THE FEE SIMPLE TITLE TO 6.63 ACRES OF REAL PROPERTY LOCATED ON THE EAST SIDE OF SEACREST BOULEVARD JUST SOUTH OF SOUTHEAST 15TH AVENUE IN THE CITY OF BOYNTON BEACH, FLORIDA FOR UTILITY AND OTHER MUNICIPAL PURPOSES FROM MR. ROBERT J. ROSE AND MR. ROBERT J. ROSE, JR.; A COPY OF SAID CONTRACT AND ADDENDUM IS ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE." If the Commission wished to approve the Resolution, City Attorney Cherof advised they would have to authorize several changes to the contract. The changes were in reference to the time for acceptance and the closing date. Commissioner Matson moved to accept Resolution R91-50, subject to contract changes as specified by the City Attorney, which would be a closing date of May 15, 1991 rather than April 5, 1991. Commissioner Aguila seconded the motion, and the motion carried 4-0. Proposed Resolution No. R91-51 Re: Acquisition of 1.24 acre tract of land owned by Moore adjacent to East Water Treatment Plant .TABLED Commissioner Matson moved to take this item from the table, seconded by Vice Mayor Harmening. Motion carried 4-0. "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN CONTRACT FOR SALE AND PURCHASE AND THE ADDENDUM THERETO REGARDING THE PURCHASE OF THE FEE SIMPLE TITLE TO 1.24 ACRES OF REAL PROPERTY LOCATED ON THE EAST SIDE OF SEACREST BOULEVARD JUST SOUTH OF SOUTHEAST 15TH AVENUE IN THE CITY OF BOYNTON BEACH, FLORIDA FOR UTILITY AND OTHER MUNICIPAL PURPOSES FROM MR. GENE MOORE III; A COPY OF SAID CONTRACT AND ADDENDUM IS ATTACHED HERETO AS EXHIBIT "A": AND PROVIDING AN EFFECTIVE DATE." If the Commission wished to approve this Resolution, City Attorney Cherof advised they would have to make the same changes as they made when they approved Resolution R91-50 above. Commissioner Matson was concerned about this property for the following reasons: There were two appraisals on the Rose property [See Res. R91-50 above.] The Commission chose the lower appraisal as the negotiating price. The appraisals ~or the Moore property were $85,000 and $66,000. The price 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 the Commission would be paying was $85,000. Commissioner Matson knew it would be nice for the City to have this property, but she wondered whether the City would really need the 1.24 acres. City Manager Miller replied that Mr. Moore will not accept less than $85,000. Mr. Moore was aware of both appraisals. City Manager Miller stated there is a need for the 1.24 acres. John Guidry, Director of Utilities, preferred to have Richard Staudinger, P.E., Gee & Jenson, West Palm Beach, FL, address the question. City Manager Miller told the Commission what Mr. Staudinger would present would be only conceptual. It would note the components of the East Water Treatment Plant program in an outline fashion. It was far from being a preliminary or final plan. There are still environmentally sensitive issues on the tracts of land which must be addressed. City Manager Miller apprised the Commission that Stella Rossi and a biologist who is familiar with the tract have consented to assist the City. Mr. Staudinger showed a drawing that was identical to one which the Commissioners had in their agenda packets. It was also available for the public to see. Mr. Staudinger referred to his letter, which the Commissioners also had in their packets, and he told them the letter had accompanied the drawing. He said Gee & Jenson's assignment was to review the water and wastewater master plan and the components that were planned for the expansion of the east water treatment plant to see if they could conceptually site them on the plan and also see if there was a problem with the environmentally sensitive lands. Mr. Staudinger stated that the components could be moved around. He said the drawing reflected his opinion of the best, functional arrangement of what could be used on the land and the best way to put all of the components on the site. Commissioner Matson again referred to her question. She felt if the Commission did not purchase the 1.24 acres, Mr. Moore may bring the price down. Commissioner Matson pointed out that the City has no intention of using the property for quite some time. If the City did not buy it now, she questioned what Mr. Moore could do with the property. Mr. Staudinger replied that the property is zoned residential. If the City does not purchase the property, a 30 foot setback will be associated with the property. There is also a concern about access from Woolbright Road down through the site, so the components shown on the ~rawing would have to be modified. The primary effect would 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 be on the storage tank, which would have to be relocated to get it out of the buffer. Mr. Staudinger understood construction on the elevated tank would be designed about in May. He was not saying it could not be done, but that was one of the things that would have to occur. Mr. Staudinger further said the loop road around the environ- mental area would have to change, and the preserve area would have to be modified. That will affect the placement of all of the things. Mr. Staudinger was not saying the City could not work without the 1.24 acres, but he said it would be impossible to put everything shown on the drawing on the site. The City will either have to have less facilities on the site or go to some other site for those facilities. Commissioner Aguila asked how the Commission would go if the 1.24 acres were not available. Mr. Guidry answered that they had never looked at it in that way. It had always been looked at as a total site. He reminded the Commission that the City is now under construction for modifications for the east water treatment plant after begging the previous Commis- sion. Mr. Guidry stressed that stormwater is the signifi- cant issue on the site. He added that the City will also have to address seawater intrusion, which ties into the stormwater rationale. Mr. Guidry stated that the other rationale was to include those elements of the master plan which had been approved by two elected bodies before this City Commission. That had been the "marching order" relative to where they were going with the water problem. If the Commission was asking him whether the City could do without the Moore site, Mr. Guidry had to say "they could be cutting their noses off to spite their faces." Vice Mayor Harmening drew attention to the Water and Waste- water Master Plan prepared for the City by CH2M Hill in February, 1989. On Table 3-6 on page 3-23, the City was proposing the purchase of an adjacent land tract of 5 acres. Mr. Guidry noted the following paragraph discussed the buffer. He informed Vice Mayor Harmening that was a planning phase. Since that document, the City has done a lot of things. Comments were made regarding the energy factor, ozone generation, an ozone analysis, and a technical memo. Charlie Logan, 525 S. W. 16th Street, expressed it was nice to return to a meeting where the citizens can speak. He Commented about the prior Commission. After elaborating, 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 Mr. Logan commented this seemed to be an exercise for the Engineering Department before they made anyone aware the City was even interested in buying the land. Mayor Weiner reminded Mr. Logan this is a new Commission. Mr. Staudinger informed Mr. Logan the east water plant is south of Woolbright Road and east of Seacrest Boulevard. The property being discussed is immediately south of that and the tower, between Seacrest Boulevard and the railroad. Mr. Guidry showed the location of the property on a render- ing. A man in the audience remarked that the price of the 1.24 acres was outrageous. Motion Commissioner Aguila moved to table this issue. He further moved to have the professionals look at the site without the 1.24 acres to determine whether it can work and report back to the City Commission. Mayor Weiner passed the gavel and seconded the motion. The motion failed 2-2. ,Vice Mayor Harmening and Commissioner Matson cast the dissenting votes. Vice Mayor Harmening moved to strike the matter from the agenda, seconded by Commissioner Matson. Attorney Cherof advised that the matter should be disposed of by either a motion to approve the contract, as per the Resolution, or a motion not to approve rather than taking it from the agenda. Vice Mayor Harmening amended his motion to strike the Resolution from the agenda, seconded by Commissioner Matson. Mayor Weiner began to repeat Attorney Cherof's advice, when the following motion was made: Motion Commissioner Matson moved to reject the purchase of this property, seconded by Vice Mayor Harmening. Motion carried 4-0. e Proposed Resolution No. R91-63 Re: Appoint Representative and Alternate to Palm Beach County Municipal League After reading proposed Resolution No. R91-63 by title only, City Attorney Chero~ said the names would be inserted in the Resolution. Mayor Weiner informed the Commission that the Municipal League meets the fourth Wednesday of the month at 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 11:00 A. M. The meetings are rotated among the 37 municipal- ities that make up the League. She wanted to be the voting Member, and Commissioner Aguila wished to be the Alternate Member. The Commission agreed to this. The title reads as follows: "k RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING MAYOR ARLINE WEINER AS A REPRE- SENTATIVE TO THE PALM BEACH COUNTY MUNICIPAL LEAGUE AND APPOINTING COMMISSIONER JOSE' AGUILA AS ALTERNATE REPRE- SENTATIVE TO THE PALM BEACH COUNTY MUNICIPAL LEAGUE; AND PROVIDING AN EFFECTIVE DATE" Vice Mayor Harmening moved to adopt Resolution No. R91-63, seconded by Commissioner Matson. Motion carried 4-0. Proposed Resolution No. R91-64 Re: Appoint Representative and Alternate to Metropolitan Planning Organization (MPO) Mayor Weiner said the MPO meets the third Thursday of each month at 9:00 A. M. in the Governmental Center, West Palm Beach. Mayor Weiner volunteered to be the Representative, and Vice Mayor Harmening volunteered to be the Alternate. City Attorney Cherof read proposed Resolution No. R91-64 by title only: "A RESOLUT~OH OF THE CITY COMMISSION OF THE CITY OF BOYNTOH BEACH, FLORIDA, APPOINTING MAYOR ARLINE WEINER AS A REPRE- SENTATIVE TO THE METROPOLITAN PLANNING ORGANIZATION AND APPOINTING VICE MAYOR EDWARD HARMENING AS ALTERNATE REPRE- SENTATIVE TO THE METROPOLITAN PLANNING ORGANIZATION; AND PROVIDING AN EFFECTIVE DATE" Commissioner Aguila moved to approve Resolution No. R91-64, seconded by Commissioner Matson. Motion carried 4-0. 9. Proposed Resolution No. R91-65 Re: Appoint Representa- tive to South County Council of Governments Mayor Weiner apprised the Commission that the South County Council of Governments meets the first Wednesday in the month bi-monthly at 4:00 P. M. The meetings have been moving around South County, but the Committee feels they want to stay in Boca Raton. Commissioner Matson volunteered ~o be the Representative. City Attorney Cherof read pro- posed Resolution No. R91-65 by title only: 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING COMMISSIONER LYNNE MATSON AS A REPRESENTATIVE TO THE SOUTH COUNTY COUNCIL OF GOVERNMENTS; AND PROVIDING AN EFFECTIVE DATE" Commissioner Aguila moved to approve Resolution No. R91-65, seconded by Vice Mayor Harmening. Motion carried 4-0. 10. Proposed Resolution No. R91-66 Re: Commercial Drivers License - Third Party Tester Program City Attorney Cherof read proposed Resolution No. R91-66 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES (DEPARTMENT) AND A COMMERCIAL DRIVER LICENSE THIRD PARTY TESTER (CITY OF BOYNTON BEACH); SAID AGREEMENT ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE" Vice Mayor Harmening moved to approve Resolution No. R91-66, seconded by Commissioner Aguila. Motion carried 4-0. 11o Proposed Resolution No. R91-67 Re: Supporting and opposing various proposed legislative bills "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, EXPRESSING SUPPORT AND/OR OPPOSITION TO SEVERAL PROPOSED BILLS BEING CONSIDERED FOR ENACTMENT BY THE FLORIDA LEGISLATURE DURING THE 1991 SESSION; FOR AN EFFEC- TIVE DATE, AND FOR OTHER PURPOSES" City Manager Miller called attention to Section 1, B and corrected it to read, "Real Property Transfer Tax". He advised "G" should be "G. HB2447/Sub Committee/Senate Bill 2342 Parks and Recreation Aiter School Programs with the exception. City Manager Miller explained the words, "with the exception" were added because some exemptions were made which the League now supports. Vice Mayor Harmening moved, seconded by Commissioner Matson, to approve Resolution No. R91-67. Motion carried 4-0. 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTONBEACH, FLORIDA APRIL 2, 1991 OTHER None. OLD BUSINESS None. NEW BUSINESS A. Items for discussion requested by Mayor Arline Weiner 1. Permanent Advisory Board on Children and Youth Mayor Weiner had been the Acting Chairperson for the Task Force which met for eight or nine months. She asked the Commission to direct the City Attorney to draw up an Ordinance establishing this Board. Commissioner Matson moved that City Attorney draw up an Ordinance to provide for a permanent advisory Board on Children and Youth. Commissioner Aguila seconded the motion, and the motion carried 4-0. In answer to a question from City Attorney Cherof, Mayor Weiner said she wanted seven Regular and two Alternate Members to be on the Board. She also wanted the Ordinance to specifically exclude education as one of the Task Force's areas of concern because it is her goal to establish a separate committee on education. 2. Arrangement of a public bus tour of the City of Boynton to include Commissioners, department staff, and public Mayor Weiner explained the tour and said it will probably be on a Saturday morning. After discussion, City Manager Miller was asked to arrange for the tour. 3. Representative at the Coalition of Boynton West Residents Association Meetings (COBWRA) Mayor Weiner informed the Commission that COBWRA represents 36 housing developments west of the City. Some of these developments may be annexed into the City in the future. Mayor Weiner attended some of COBWRA's meetings, and she found some of their interests are near those of the City. After elaborating about COBWRA, she said she spoke at COBWRA's last meeting. To establish a permanent liaison with the City, COBWRA is going to appoint a representative. 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON~_BEACH, FLORIDA APRIL 2, 1991 Mayor Weiner wanted to establish a liaison with COBWRA. She intends to attend as many of their meetings as she can. The meetings are on the third Wednesday of the month. The Commission will receive material from COBWRA each month as to where their meetings are. She hoped all of the Commis- sioners will be able to attend the meetings at one time or another. There was discussion as to whether the Commissioners could rotate. Mayor Weiner said everyone is invited to attend. She only wanted someone to attend if she could not. Commissioner Matson volunteered to be an Alternate. B. City Commission By-Laws .City Manager Miller said a lot of concerns have been expressed over the past year by the City Commission, residents, and the public relative to adding items to the agenda at the beginning of Commission meetings and calling Special City Commission meetings without proper and sufficient time. City Manager Miller modified a set of City By-Laws to address some of the concerns, which were attached to his Memorandum No. 91-078. City Manager Miller asked whether the Commission wanted to go forward with the By-Laws. Vice Mayor Harmening did not feel it was needed, as anything practically of any conse- quence is covered in the Charter. Mayor Weiner suggested perhaps the Commission could agree by consensus to one or two things that are not in the Charter, and she referred to Sec. 1.2 "Special Meetings". She referred to the number of Special Meetings called by the former Mayor, and she wished to keep those down to only meetings of an emergency nature that could not be held off until the next meeting date. She ~elt Special Meetings called on 12 hours notice were unfair to the public. City Manager Miller read the captions of the Sections in the draft he had prepared. He thought "1.3 Adjournment and Recess, 1.4 Meetings to be open to the Public", and "1.5 Attendance Required" could be eliminated. 1.3 is parliamen- tary procedure, 1.4 is covered by Florida Statutes, and 1.5 is covered by Robert's Rules of Order. "Rule VI, Agendas" was not included in the Charter. With reference to Rule VI, 6.1, Vice Mayor Harmening ques- tioned who "anyone" referred to. After discussion between Mayor Weiner and Vice Mayor Harmening, City Manager Miller 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 explained that "anyone" meant members of the public because many times they wish to proceed before the City Commission on matters which the Administration cannot assist them in. He told Vice Mayor Harmening he tries to handle a lot of those things administratively. Some issues are of a legiSlative nature, and they will come before the public if they are not put on the agenda with some backup. By doing that, the City Commission is aware of the situation prior to people speaking. Otherwise, people will bring the issue up under "PUBLIC AUDIENCE". Commissioner Aguila did not think these needed to be adopted. He hoped the City Commission was going to be reasonable. Commissioner Aguila expounded on why he thought the public should be allowed to request that something be placed on the agenda through the City Manager or someone on the Commission. City Manager Miller wanted to know what the time parameters should be for call%ng a special meeting, and he asked for guidelines. Vice Mayor Harmening felt it should be left to the discretion of the City Manager and the Mayor, as almost an infinite number of things could arise where they would need to have a special meeting as quickly as they could have one. He did not think there should be a concrete time frame. Generally, 24 hours should be suitable, but he did not think the time should be set in concrete. It was hoped meetings would not be on Fridays and especially not on a holiday weekend. C. Request by Former Mayor Gene Moore for salary and expenses during term of office City Attorney Cherof did some research into the factual basis for the request and the legal basis for the Commission to address it. At least one occasion was reflected in the minutes of the City Commission meetings where former Mayor Moore waived his salary and other reimbursements. There may have been other occasions, as City Attorney Cherof under- stood former Mayor Moore had repeated this from time to time. The law of the State of Florida is that when somebody has a property right or contractual right in his favor, he can waive that unilaterally. Once waived, there can be no waiver of the waiver unless it is with the consent of the other party. In this case the "other party" would be the City. Although there was a legal basis for denying the request, either in whole or in part, based on what the minutes 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 actually reflected, City Attorney Cherof thought the City should carefully research how often and when former Mayor Moore made such a waiver. He pointed out the body of law came from litigated cases. This may be another litigated case if someone wished to test the enforceability of that case law. If the Commission would deny the request, Mayor Weiner wondered if it would be legally defensible. City Attorney Cherof believed it would be in part and possibly in total, and he explained why he thought it could be defended. If former Mayor Moore wanted to enforce his claim for his salary, City Attorney Cherof assumed former Mayor Moore's next stop would be the Courthouse. Commissioner Aguila did not think the request was very adult of Former Mayor Moore. However, he did not want to fight over $19,000 and end up spending the Court costs if the City should lose the case. As much as she did not want to, Commissioner Matson felt the Commission would be frivolous not to pay the money. She thought it would be a waste of the taxpayers' money to pursue this to litigation. Vice Mayor Harmening felt this was a matter of principle. He has never been one to give away the City's money without a contest, and he did not think the City should pay this. phillip Partridge, 337 S. W. 14th Avenue, a resident of 13 or 14 years, said former Mayor Moore made a commitment. He ~hought if a letter was written to former Mayor Moore thank- lng him for his service, the City might smooth some of this over. If the City could establish former Mayor Moore's Commitment, Mr. Partridge did not think former Mayor Moore should be entitled to anything. Vice Mayor Harmening moved to instruct the City Clerk to research the minutes of the meetings of the last two years. The motion died for lack of a second, because Vice Mayor Harmening was informed this research had already been done. He questioned whether any of the reports from the press were on file because he recalled reading what former Mayor Moore had said about his salary. Motion Vice Mayor Harmening then moved that this be further researched and that all of the research material should be turned over to the City Attorney for his advice in light of 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 all of the facts. Commissioner Aguila seconded the motion. Motion carried 4-0. City Attorney Cherof said he would work with the City Staff to get the information and will advise the City Commission at their next meeting. D. Establishment of Environmentally Sensitive Lands Acquisition Selection Committee City Manager Miller received a letter from the Environmental Resource Management Division of the Board of County Commissioners informing the City that this Committee, which will consist of nine Members, will be established. If the City would like to be represented on the Committee, the City is to send a letter of interest with the name, address and phone number of the City's nominee, and with a current resume of the individual's experience. Since the City has two tracts of ground that are environ- mentally sensitive (the Rosemary scrub and the Seacrest scrub - one being ten acres and the other 50 acres) City Manager Miller thought the City should be represented. He reiterated that Stella Rossi would be interested in this, and he elaborated about her experience. (See page 1, "AGENDA APPROVAL", of these minutes.) Vice Mayor Harmening moved to appoint Stella Rossi as Representative to the Environmentally Sensitive Lands Acquisition Selection Committee, seconded by Commissioner Matson. Motion carried 4-0. CITY MANAGER'S REPORT None. ADMINISTRATIVE A. Architect Selection for Master Planning of Five Park Sites - (Boynton Lakes North, Meadows 91, Meadows 92, Quantum Site and the Intracoastal Site) City Manager Miller told the Commission the City recently went out for Requests for Qualifications (RFQs) for this. Boynton Lakes North, Meadows ~1 and Meadows ~2 have definitely been designated neighborhood parks. The Quantum site is approximately 17 acres, so it will be more of a regional site. The Intracoastal site is just south of the former Rumbottoms and is a regional site. 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 City Manager Miller was seeking direction from the Commis- sion as to whether they wanted to interview the top three or four architectural/~ngineering firms or whether they wanted to direct the Screening Committee to commence negotiations with the top firm for each project. As they were talking about five park sites, it was recommended that the park sites be broken down into two groups, so the City could get the expertise. City Manager Miller elaborated about the parks. Mayor Weiner asked for an update on the memorandum dated November 19, 1990 from Carrie Parker, Assistant City Manager. The memorandum pertained to where this money would come from. This was another matter Commissioner Aguila received phone calls on. He reviewed all 12 of the RFQs that were sub- mitted. Commissioner Aguila was in no way questioning the Screening Committee's conclusions but, if what he was told was true, there seemed to be a certain amount of selective information. After elaborating, he wondered whether the City should not be more sensitive to its local professionals who more closely impact the local economy. Commissioner Aguila was not suggesting that they should not look at other people, but he wanted to think they were looking at the local people and the City's next door neighbors with a careful eye to keep the local business flowing. Commissioner Aguila reiterated that on RFQs, as well as RFPs, when questions are asked, the questions and responses should be in writing and sent to all of the bidders. Commissioner Aguila suggested that at least one member Of the Commission and one member of the public at large should be on the Screening Committee. A group of people interested in being on a rotating basis selected to the Committee should place their names with the City so that they can be called on a blind rotating basis. Commissioner Aguila was in favor of the five finalists presented, but he thought the City Commission should select who should do the work. Vice Mayor Harmening agreed with Commissioner Aguila. He believed the designers of 9arious projects are more receptive to the City Commission. There were comments by Vice Mayor Harmening and Commissioner Aguila about the cost of full presentations by architects/engineers. Commissioner Matson also thought the City Commission should interview the top ~ive. 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 Commissioner Matson noted one park would be in the middle of her neighborhood. She felt the community surrounding the park should be a party to the discussion and not someone from another community. Commissioner Aguila agreed, but he informed her that in the RFQs, part of the task of the archi- tects/engineers is to interview the neighborhoods affected by the parks. Charles Logan, 525 S. W. 16th Street, questioned why the new park given by Woolbright Place and placed next to Leisureville was not included. Charles Frederick, Director of Recreation and Parks, informed the Commission that was a 3½ acre site. The City is looking at the possibility of purchasing an additional acre next to it. For several years, the sites before the Commission had been projected for development. Mr. Logan questioned why Mr. Frederick's Department allowed this to happen next to Leisureville, and he asked why this additional park was needed. Based on the agreement between Woolbright Partners and the City, City Manager Miller said the Woolbright Planned Unit Development (PUD)/Planned Commercial Development (PCD) contained various acreage scattered throughout the development. Mr. Logan felt the City had been tricked, and he wondered if they could get out of this. City Manager Miller did not believe the City could without incurring additional legal expense in the Courts. Mr. Logan suggested it be included with the other planning. Mr. Frederick explained that the City has a lot of parks inside the City that have not been developed, which are probably needed more than this 3½ acres. He stated he would have to look at the overall master plan of the City. Discussion ensued about the parks, Tradewinds, Quantum Park, and the northwest portion of the City. Dan Shalloway, P.E., Shalloway, Foy, Rayman & Newell, Inc., 1201 Belvedere Road, West Palm Beach, FL, wished to speak about this issue. City Manager Miller thought Mr. Shalloway should stray away from any presentation about his qualifi- cations or experience because it could be construed by the other individuals the Commission is going to interview as inappropriate. Mr. Shalloway thought very carefully about coming before the Commission tonight. His firm has been in business for 12 years and has won some jobs and lost some. Mr. Shalloway has never gone to a Commission and said he had a problem with the way it was done, but he had a couple of problems he 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 had to bring to the Commission. He was offended that the City Staff felt nobody in this County is competent enough to design one of these parks. Mr. Shalloway exclaimed that 1,000,000 people are in this County, and a park is not that hard to design. He pointed out that the further away a firm was, the higher the firm was ranked. Mr. Shalloway reminded the Commission that previous City Commissions already had an experience with an out of town Architect in connection with the City Hall complex. West Palm Beach had an out of State Architect with the "leaky teepee" (West Palm Beach Auditorium) as a result. Mr. Shalloway elaborated about local firms. When he had brought this up, Mr. Shalloway said he was told everything was above board and that he could go through the qualification packages and review the submittals. Again, he was totally upset when he found out the firm that was selected for the parks had appeared to distort its qualifi- cations by trying to show they have a local office. They showed an office in West Palm Beach with 11 people. Mr. Shalloway quoted from the firm's letter, which said the firm has a strong commitment to Palm Beach County. He further quoted the following: "Keith & Schnars maintains two offices in Palm Beach County, one in Boca and one in West Palm Beach." Mr. Shalloway told the Commission he tried to visit the office in West Palm Beach, and it is closed. No one is there. The landlord said their lease ran out last year, and the office has been closed for a number of months. Mr. Shalloway informed the Commission that the Boca Raton office is a field office being paid for by the City of Boca Raton. It is not to be used for other work. Mr. Shalloway felt Keith & Schnars was a firm from outside Of the County that was trying to pass itself off as a local firm. He continued by saying there is not one local firm that has not had to lay people off. He did not like to see work go out of the community. Mr. Shalloway thought the Commission needed to interview the firms. Before doing the interview, Mr. Shalloway requested that the City Commission ask the City Attorney to review with them the Consultants' Competitive Negotiation Act (CCNA) and explain how it works. The Act says to consider location. Mr. Shalloway stated that the Act further says the work should be distributed among qualified firms, not most quali- fied firms. If they distribute the work to qualified firms in the County, Mr. Shalloway said the Commission will be doing what the CCNA says. 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 Mr. Shalloway also wanted the City Commission to have a Staff Member check the references of the firms and get the information in writing back to the Commission as part of the firms' packages. That way they can make sure the infor- mation is correct. Grant Thornbru9h, Landscape Architect, Grant Thornbrugh & Associates, 180 West Royal Palm Road, Boca Raton, FL 33432, stated he is working in association with Mr. Shalloway. He asked the City Commission to check the addresses of some of the local firms who submitted RFPs. When they were notified they were short listed, Mr. Thornbrugh said they were led to believe that the Selection Committee was not interested in seeing certain information. Since the parks had not been designed, no monies had been allocated for the parks, and people had not been contacted on what was necessarily going to be designed in the parks. Mr. Thornbrugh stated there is a programming function in what their work would be. As a result of that, they approached the project in a generalized fashion and did not bring preconceived designs to be viewed. In the ranking, high priority was given to the people who brought in amounts of design work that had already taken place. Some people gave information that perhaps Mr. Shalloway or Mr. Thornbrugh did not receive or were not privy to. Mr. Thornbrugh said another firm that was highly ranked by the Selection Committee listed as Project Director for the City's projects a man who no longer works for that firm. Mr. Thornbrugh requested the opportunity to submit an RFP one additional time. Mr. Frederick wished to set the record straight. In response to Mr. Thornbrugh's comments about the Project Director, who was with Wallace, Roberts & Todd (WRT), he advised that the Project Director was present at the interviewing process. Mr. Frederick found out the Project Director only left that firm 1½ weeks ago. Mr. Frederick stated he was the person in charge of contact- ing all of the firms, and he told them what the City expected. He told each person specifically that the City did not want any designs on these sites because there would be interviews with the public, and the firms did not have to 4o out to the sites and draw pretty pictures. The only firm that came in with a picture of a specific site and showed a ~ypical design was Grant Thornbrugh. 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 Warren Newell, Dan Shalloway's partner, 2092 Circle Place, Lantana, FL, was appalled when he reviewed this because he realized the City Staff had not reviewed the laws. He stated he personally serves the Governor now on the Advisory Council for Intergovernmental Relations, and they are look- ing into the CCNA, which is Florida Statute 287.055. Mr. Newell said the CCNA rules on how the City interviews and hires each professional Consultant. He felt that obviously, the Selection Committee did not know that. They would not have Keith & Schnars as 91, if they knew Keith & Schnars falsified information regarding where their offices are. Six months ago, Mr. Newell found that the office of Keith & Schnars was closed and locked. He made a phone call to their office and was transferred to Fort Lauderdale. When the phone call was answered, Keith & Schnars were very con- fused as to where their office was in West Palm Beach. Again, today, the gate was locked, and no was was at the office. When he called the Office Manager, the Office Manager told him the lease of Keith & Schnars expired in December. Mr. Newell repeated what Mr. Shalloway had quoted from the cover letter of Keith & Schnars and Mr. Shalloway's statements about the two Palm Beach County offices referred to in the letter. It was obvious to him that the City Staff never called or checked that. Mr. Newell further said the CCNA says the City Staff needs to be very proficient and have knowledge of what they are selecting and how they select. He stated that did not occur at all. Mr. Newell told how the laws for the selection of Consultants for the Solid Waste Authority and the South Florida Water Management District have been changed. He also thought it was very important that the City Commission ~eview the firms. Mr. Newell repeated statements previously made by Mr. Shalloway. Consensus Commissioner Aguila referred to the economy and stated it is discouraging to see that you do not get work and someone who is not honest gets it. He wanted this looked at more care- fully in the future. He also wanted the firms to appear before the City Commission. It was the consensus of the Commission that they would like to do the interviewing and make their own selection of the firms. Commissioner Aguila felt they should look at what was said tonight. If WRT presented themselves as saying the Project 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 Director was the person the City would be dealing with and he is no longer there, the City may want to look at them differently. They may also want to reconsider Keith & Schnars. There were comments by City Manager Miller and Mr. Newell regarding CCNA. City Manager Miller informed Mr. Newell that he knows exactly what CCNA says. B. Stormwater Utility Fee Program for City of Boynton Beach City Manager Miller said the City solicitated proposals for this. He stated the City will have to get involved with national pollutant and discharge elimination system permits for stormwater drainage for its facilities (vehicle main- tenance, water treatment plants, landfill, waste water treat- ment plant and the waste water treatment plant the City shares with Delray Beach). The Water Quality Act of 1987 said cities would have to implement comprehensive storm water management programs that will control both the quantity and quality of storm water run off. City Manager Miller emphasized that the City will have to get involved in pretreatment, and he explained the Act. City Manager Miller said when the Act was passed, it was the feeling that cities with a population of under 100,000 would get a reprieve from this. He explained how the city has now been classified as a medium sized city. Therefore, the City must do this now. The City has come down to a source of revenue that will keep it in compliance with EPA Acts relative to pretreatment. After elaborating, Vice Mayor Harmening commented that the City may want to think about picking someone to do this. Mayor Weiner wondered whether the City could drag its feet. City Manager Miller replied there have been attempts through DER, as well as the Florida League of Cities, to not keep in tune with the EPA regulations. There possibly could be some relief, but there will be some stiff fines for those who do not comply. To get involved in the stormwater utility fee, City Manager Miller said once they select an engineering firm to do the study, there is a lot of direction that has to come from the City Commission. He cited some of the decisions the Commission will have to make throughout the process and alluded to the process in another city. City Manager Miller told the Commission this was only the start. He added the City will be doing very well if this is in effect within a year. 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 Mayor Weiner inquired whether there was opposition to this. City Manager Miller assumed there was, but he added this is a Federal Act. He stated there was a movement in the later '80s and one in the '90s that the City was not to concern itself with costs but was to concern itself with the environment. City Manager Miller expounded about recycling. He stated that the City must get more environmentally conscious. City Manager Miller elaborated about water conservation and said this Act is only a part of it. He further referred to environmental issues. Gary Lehnertz, 619 S. W. 2nd Avenue, Boynton Beach, said one of the concerns of the Planning and Zoning (P&Z) Board, when it went through the Comprehensive Plan, was the run off water that is not being pretreated. He expounded about the population, cars, pesticides, and what is flushed down the storm drains into Lake Worth and then into the ocean. Mr. Lehnertz further elaborated about the environment. He advised that to do something now will cost less than if they wait five or ten years. Mr. Lehnertz did not like to see taxes go up, but he felt there was a time when they had to pay for things. He urged the Commission to start that process at this point. After discussion about what they should do, how fast the City should move, what the penalty might be, and whether they should interview the firms, it was the consensus of the City Commission to interview the top three firms (Camp, Dresser & McKee, Inc.; Williams, Hatfield and Stoner/CH2M Hill; and Gee & Jenson). THE COMMISSION TOOK A BREAK AT 9:00 P. M. The meeting resumed at 9:10 P. M. C. Refunding 1984 Golf Course Bond Issue and Rebuilding/ Resurfacing the Championship Greens City Manager Miller stated that when they look at the golf course, they are covering three items: (1) The interest rates are now 9½% to 10%. They will probably go down to 6}% so there will be savings that could net $175,000. (2) A Championship course is there. The greens need to be either rebuilt or resurfaced. (3) A covenant in the 1984 bond issue places a first lien on the public service tax, in case the revenues generated from the golf course do not adequately pay for the bonded indebtedness. City Manager Miller thought the covenant could be eliminated through refinancing Qr refunding the bond issue, but he wished to seek a legal opinion from the Bond Counsel on that. 33 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 Mr. Sciortino drew attention to Golf Course Memorandum %91-012, and he told what neighboring golf courses are doing. He said public golfers are getting as demanding as private. golfers, and they also demand low rates. Because interest rates are low, Mr. Sciortino felt now would be a good time to refinance the additional revenue needed to complete what is needed for the golf course. He said they are proposing that the pay out for the bond issue, including the new money the City is looking for, would still be at the year 2003. In this way, future golfers and present golfers would be paying for present improvements. Mr. Sciortino contacted Michael Hole, Second Vice President, Public Finance Division, Smith Barney, to get a feeling for numbers. Mr. Hole made a presentation to Mr. Sciortino and Grady Swann, City Finance Director, and that was where some of these figures generated from. Mr. Sciortino stated the City has to get a commitment from some construction firms soon to be prepared for the season. After elaborating about golfers and the scenario put forth by Smith Barney, he asked for direction to proceed with the plans. Harry Marcus, 650 Horizons East, welcomed the newly elected people on the Commission and wished them a lot of luck. He recalled Vice Mayor Harmening was instrumental in getting the bond issue to get the golf course going. Mr. Marcus knew the gol~ course needed new greens. He trusted every- thing Mr. Sciortino said, as he has found him to be factual and honest. Mr. Marcus referred to the interest rates and said the City should take advantage of these things. He thought now would be the time, if the Finance Department agreed, as he did not think the interest rates would go much lower. City Manager Miller informed Vice Mayor Harmening the figures would be very close to the $175,000. Vice Mayor Harmening moved to accept the City Manager and City Staff's proposal on refunding the 1984 bond issue and the rebuilding/resurfacing of the greens at the golf course. Commissioner Aguila seconded the motion, and the motion carried 4-0. D. Request for retainage reduction - East Water Treatment Plant - Elkins Constructors, Inc. At this time, City Manager Miller said a retainage reduction of 5% is being requested for the east water treatment plant. 34 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 He added there are provisions to allow for this. Bob Kenyon, Superintendent, Public Water and Pumping Stations, advised this should be finished by the end of June. Commissioner Aguila moved to approve the retainage reduc- tion, seconded by Commissioner Matson. Motion carried 4-0. E. City Board Appointments Board of Adjustment (BOA) Commissioner Matson appointed Raymond Eney as a Regular Member of the BOA for a three year term to April, 1994. There were no objections. Mayor Weiner appointed Henrietta Solomon as a Regular Member of the BOA for a three year term to April, 1994. There were no objections. Vice Mayor Harmening appointed Paul Slavin as an Alternate Member of the BOA for a three term to April, 1994. There were no objections. Building Board of Adjustment and Appeals (BAA) Commissioner Aguila appointed Robert Olenik, Sr. as a Regular Member of the BAA for a three year term to April, 1994. There were no objections. Mayor Weiner nominated Oris Walker as a Regular Member of the BAA for a three year term to April, 1994. There were no objections. Cemetery Board Commissioner Aguila appointed Joseph Delaney as a Regular Member of the Cemetery Board for a three year term to April, 1994. There were no objections. Vice Mayor Harmening appointed Maggie Gager Member of the Cemetery Board for a one year 1992~ There were no objections. as an Alternate term to April, Civil Service Board Commissioner Matson appointed Don Balmer as a Regular Member Of the Civil Service Board for a two year term to April, 1993. There were no objections. 35 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 The appointment of an Alternate Member, which was to be made by Commissioner Artis, was TABLED. Community Appearance Board (CAB) Commissioner Matson noted that none of the five people who were up for reappointment were professionals. City Attorney Cherof advised that the Code of Ordinances states that at least one of the Regular Members of the CAB should be a registered Architect, if available, and at least one of the Regular Members shall be a registerd or retired Landscape Architect or Landscape Designer. Each Regular and Alternate Member shall be a resident of the City. Commissioner Aguila inquired whether that meant if a regis- tered Architect is not on the Board, and a registered Archi- tect wishes to be on the CAB, he must be placed on the Board, if he is available. It was City Attorney Che~6f's interpretation that it would be mandatory. There were further comments by City Attorney Cherof and Commissioner Aguila about the availability of persons. Commissioner Matson TABLED her appointment of an Alternate Member. Commissioner Artis' appointment of a Regular Member was also TABLED. Commissioner Aguila appointed Dean Fleming as a Regular Member of the CAB for a three year term to April, 1994. There were no objections. Commissioner Matson informed Mayor Weiner that George Davis, Architect, is a Regular Member of the CAB. Mayor Weiner appointed Arthur Berman as a Regular Member of the CAB for a three year term to April, 1994. There were no objections. Vice Mayor Harmening began to appoint David Beasley as an Alternate Member of the CAB for a two year term to April, 1994. Commissioner Aguila suggested Vice Mayor Harmening might wish to speak with Mr. Beasley, as it was his under- standing that Mr. Beasley was not interested in serving on the CAB. Vice Mayor Harmening TABLED his appointment. Community Relations Board (CRB) Commissioner Matson appointed Nello Tineri as a Regular Member of the CRB for a three year term to April, 1994. There were no objections. 36 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 Commissioner Artis' appointment of a Regular Member of the CRB for a three year term to April, 1994 was TABLED. Commissioner Aguila appointed Annie Matthews as a Regular Member of the CRB for a three year term to April, 1994. There were no objections. Vice Mayor Harmening TABLED his appointment of an Alternate Member to the CRB. Library Board Mayor Weiner appointed Kathleen Kirton as a Regular Member of the Library Board for a three year term to April, 1994. There were no objections. Commissioner Artis' appointment of a Regular Member was TABLED. Planning and Zoning Board (P&Z Board) Vice Mayor Harmening appointed Shirley Stevens as a Regular Member of the P&Z Board for a two year term to April, 1993. There were no objections. Mayor Weiner appointed Marilyn Huckle as a Regular Member of the P&Z Board for a three year term to April, 1994. There were no objections. Commissioner Matson appointed Gary Lehnertz as a Regular Member of the P&Z Board for a three year term to April, 1994. There were no objections. The appointment of an Alternate Member to the P&Z Board by Commissioner Artis was TABLED. Recreation and Parks Board Commissioner Artis' appointment of a Regular Member was TABLED. Vice Mayor Harmening appointed Dr. Patrick Shepherd as a Regular Member of the Recreation and Parks Board for a three year term to April, 1994. Employees' Pension Board (EPB) Mayor Weiner appointed Nathan Sussman as a Regular Member to ~he EPB for a three year term to April, 1994. There were no Objections. 37 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 Firemen's Pension Board Mayor Weiner appointed Richard Kurtz as a Regular Member to the Firemen's Pension Board for a two year term to April, 1993. There were no objections. Vice Mayor Harmening appointed Rhennie K. Givhan as a Regular Member to the Board for a two year term to April, 1993. There were no objections. Police Officers' Trust Fund Commissioner Aguila nominated Ralph Diaz as a Regular Member of the Police Officers' Trust Fund for a two year term to April, 1993. There were no objections. Commissioner Matson TABLED her appointment of a Regular Member to this Board. CONSENT AGENDA A. Minutes Special City Commission Meeting Minutes of March 28, 1991 B. Bids - Recommend Approval - Ail expenditures are approved in the 1990-91 Adopted Budget 1o Annual contract for hardware supplies The Tabulation Committee recommended splitting the bid and awarding different items to different vendors. The tabula- tion sheet attached to the Purchasing Department's memo of April 2, 1991 reflected the vendor/price breakdown. 2. Annual contract for cleaning chemicals and janitorial supplies The Tabulation Committee recommended splitting the bid and awarding different items to different vendors. The Inter- office Memorandum, dated March 22, 1991, from Dominic DeMauro, Warehouse Supervisor, to Verneetha Moore Green, Buyer, showed the breakdown of how the bid will be divided. C. Approve expenditure of funds for Youth in Government Day - April 24, 1991 The Community Relations Board asked the Commission to ~uthorize the expenditure of approximately $250 for a small luncheon scheduled to be held in Madsen Center on this day. 38 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1991 D. Approval of Bills See list of bills attached to the original copy of these minutes in the Office of the City Clerk. Vice Mayor Harmening moved to approve the Consent Agenda, seconded by Commissioner Aguila. Motion carried 4-0. ADJOURNMENT The meeting properly adjourned at 9:35 P. M. CITY OF BOYNTON BEACH · Mayor Vice May~ ATTEST: AC°mmi/ssi°ner Commissioner ~e ~~e c~r e~t a ~r y~/~---~ (Four Tapes) ~ 39 AGENDA April 2, 1991 XI. CONSENT AGENDA D cc: Mgmt Serv, Util Finance, Rec A & A FENCES, INC. 1 6' Tall 9 guage chain link fence installed for Welder's Shop. Pay from Water & Sewer Rev Fund as follows: 401-396-5-318-00 347.50 401-333-5-390-05 347.50 401-352-5-318-00 347.50 401-351-5-433-00 347.50 Best of 3 quotes. ABLE LAWNMOWER SALES & SERVICE, INC. 2 Bobcat "21" Walk-Behind Mower for Parks Dept. Pay from General Fund---001-722-5-641-00 RAY ALLEN INSURANCE AGENCY Semi-annual payment per contract for Workers' Compensation Self-Insurance(Professional Administrators) from 10/16/90 to 10/16/91. Pay from Self Insurance Fund---622-195-5-134-00 ALLIED LIME Blanket P.O. #85951 - Pebble Quick Lime for Water Plant. Pay from Water & Sewer Rev---401-332-5-365-00 AVIROM-HALL & ASSOCIATES, INC. Professional services 4 surveys including improvements and PRM' for Tracts A, B and C for East Water Treatment Project. Pay from Utility Capital Improve.---404-000-0-690-10 Best of 3 quotes AMERICAN LIGHTING MAINTENANCE Labor to install transformer hit by lightning in Parks Dept. Pay from Self Insurance Fund---622-195-5-440-01 Best of 3 quotes THE CENTER FOR FAMILY SERVICES Employee Assistance Program for March, 1991. Pay from General Fund---001-135-5-482-00 CHASE COMFtERCIAL CORP. Blanket P.O. #85967 for monthly Lease/Purchase of Microwave Radio System. Pay from General Fund---001-197-5-690-05 CHICAGO TITLE INSURANCE COMPANY Professional services as follows: Shaw - $131.00; Burke - $131.75; Wade - $140.00; Bende - $150.00; Eutsay - $128.00; B.B. Dist. Center - $75.00; Am. Nat'l. Bank - $75.00; Hermane - $75.00; Snapps - $75.00; Parsons - $75.00; Town Taver - $75.00; York - $75.00 for Code Enforcement. Pay from General Fund---001-141-5-493-00 $ 1,390.00 1,352.00 133,179.00 13,606.62 4,600,00 1,089.00 1,435.00 1,737.51 1,280.75 COMMiSSiON APR APPROVAL 10. 11. 12. 13. 14. 15. 16. 17. EASTMAN KODAK COMPANY February 1991 minimum billing and January usage for Model 70 copier in City Clerk's office. Pay from various departments. 1,196.37 ELKINS CONSTRUCTORS, INC. Blanket P.O. #84255 - Periodic Est. #9 - Improvements to Boynton Bch. E. Water Treatment Plant for period 2/16/91 to 3/15/91. Pay from Utility Capital Improve.---404-000-0-690-10 Per bid 4/3/90, Con~nission approved 4/17/90 129,158.65 ELECTRIC MOTOR & PUMP COMPANY Blanket P.O. #85679 - Partial payment - 1 50RP VFD Panel for Lift Station #319. Pay from Utility Capital Improve.---404-352-5-642-00 Commission approved 9/18/90 17,885.00 ENVIROQ Sealing of liftstation #716 on Brentwood and Manhole on Bryan Blvd. for Sewage Collection. Pay from Water & Sewer Rev---401-351-5-430-06 Palm Beach County Bid #91-024 1,750.00 ERNST & YOUNG Final billing for professional services rendered in connec- tion with City's audit for Y/E 9/30/90. Pay from various departments. 13,500.00 GP SOLUTIONS, INC. GP Mate Maintenance Management Software and Preventive Maintenance Annual Software for period 1/14/91 to 1/13/92. Pay from General Fund---001-000-1-451-18 Palm Beach County Bid, Commission approved 12/18/90 6,170.00 GEE & JENSON ENGINEERS Professional and engineering services as follows: Landfill services from 1/26/91 thru 2/22/91---$2529.57 Attend. @ TRB, P&Z, City Comm. & Staff Mtgs.---2040.00 Meeting & review of Costa Bella Drainage ....... 438.t8 Final review B. Bay drainage calculations ...... 275.00 Abita Springs review permit plans & drainage--- 365.00 Heather Lakes review of plans, site visits & 4 discussions with Simmons & White, re: Canal & Lake Slopes .................................. 840.39 Via Lago Plat 2 review ......................... 80.00 Woolbright PUD plat & review of blanks on re- corded plat cover sheet letter ................. 167.50 6,735.64 GRAYBAR ELECTRIC COMPANY, INC. Transformer for Parks Dept. to replace transformer hit by lightning. Pay from Self Insurance Fund---622-195-5-440-01 4,550.00 COMM APR ~ ]991 APPROVAL 18. 19. 20. 21.¸ 22, 23. 24~ 25, INTER-TEL 1 Inter-Tel System for Fire Station #3. Pay from Public Svs. Tax Fund---301-197-5-629-00 State Contract #730-310-90-1, Commission approved 12/18/90 5,132.25 IRON AGE PROTECTIVE COMPANY 21 pair Safety Shoes - Annual issue per Union Contract. Pay from General Fund---001-221-5-390-03 2,576.20 JONES CHEMICALS Partial Payment Blanket P.O. #86618 for Chlorine Gas for Utilities. Pay from Water & Sewer Rev---401-332-5-363-00 Commission approved 1/15/91 4,936.64 JOSIAS & GOREN, PA 4,174.60 Preparations for purchase of Rose and Moore properties south of the East Water Treatment Plant. Pay from Utility Capital Improve.---404-000-0-690-10 - $1,938.40 Statement for professional services rendered - Mrotek vs. City of B.B. (thru 3/5/91) - $163.40; Tradewinds (thru 3/5/91) - $376.75; Cynthia R. Stacey (thru 3/5/91) - $50.70; Heartwood 88, Inc., $180.00; Miller, Meier Arbitration (thru 3/5/91) - $515.05; Chimienti Arbitration - $80.00; FLWAC Appeal - $870.00. Pay from General Fund---001-141-5-461-00 - $2,236.20 MERKEL GLASS SERVICE Replace 2 broken windows as result of attempted break-in 2/15/91 and repair & oil all windows in Clubhouse. Pay from Self Insurance Fund---622-195-5-440-01 - $714.41 Pay from Golf Course ........... 411-725-5-434-00 - 498.24 1,212.65 METRITAPE INC. 1 Model LA Sensor 34 feet in length & wiring to check level of water in tank at Water Treatment Plant. Pay from Water & Sewer Rev---401-332-5-430-04 Sole Source 2,019..14 MOTOROLA INC. 1 Smartnet Portable for Code Enforcement - replacement for lost equipment. Pay from Self Insurance Fund---622-195-5-440-01---$2,100.00 59,396.42 Partial'payment blanket P.O. #85995 for repairs & maintenance contract including quarterly billing maintenance. Pay from General Fund---001-197-5-431-00---$18,768.29 PEROXIDATION SYSTEMS, INC. 7,207.20 Partial payment blanket P.O. ft85986 - 50% Hydrogen peroxide solution for corrosion and odor control program. Pay from Water&Sewer Rev---401-352-5-365-00 ~.~.~"'' ~'~. '~,~ Commission approved contract. ~'¥1~V~l~~ ~ ~ ~)O APR ~ ]~9! APPROVAL 26. POLY-PIPE CASUAL FURNITURE OF LANTANA, FL. 9 Recliner & Ottoman sets for Fire Dept. Pay from Capital Improve. Fund---302-223-5-642-00 27. RANGER CONSTRUCTION Street Resurfacing, Type II Asphaltic Concrete 1" overlay as per County contract. Pay from Local Option Gas Tax---104-411-5-630-14 28. REEBOK INTERNATIONAL LTD. 42 pair Tour Excellence Golf Shoes for Pro Shop. Pay from Golf Course Fund---411-000-0-420-10 29. THE ROLM COMPANY Partial payment Blanket Order #86029 - Maintenance agreement for Telephone System for period 8/1/90 thru 8/31/90. Pay from General Femd---001-197-5-433-00 30. SCE, INC. Odor Abatement System - Aeration Covers, Effluent Pumping Station Expansion and Electrical Building Project: Payment #6 1/24/91 to 2/21/91 - $495,226.27 Payment #7 6/22/91 to 3/21/91 - 650,980.48 Pay from 1985 Constr. Fund---409-000-0-691-20 31. SER DISTRIBUTORS, INC. 12 Smith & Wesson Semi-Auto Pistols for Police Dept. Pay from General Fund---001-211-5-642-00 Per bid #049-211-90 32. STANLEY CONSULTANTS Preparation of 3 certified surveys including field verifi- cation and legal description for revisions to Wells 1W, 9W and easement A. Fay from Utility Caital Improve.---404-000-0-690-10 33. STATE OF FLORIDA - DEPT. GENIL. SERVICES Blanket P.O. #86038 - Monthly billing cycle for January,'91. Pay from General Fund---001-197-5-471-00 34. SUPERTECH PRODUCTS, INC. 35 Gallon Citrus Emulsion, 20 Gallon Mint Odor Eliminator, 1 (3) System Fogger and 3 Sure Shot Airless Sprayer for Odor Control Testing Program. Pay from Water & Sewe Rev---401-352-5-365-00 35. TEN-8 FIRE EQUIPMENT INC. Material needed to repair and maintain Self Contained Breathing Aparatus. Pay from General Fund---001-221-5-433-00 Best of 2 quotes 1,251.00 111,801.50 2,161.10 1,933.87 1,146,206.75 4,692.00 1,200.00 1,016.59 1,263.85 2,096.51 COMM,SolON APR 2 ]99t APPROVAL 38. OSCAR VAGI & ASSOCIATES ARCHITECTS, INC. Inv. #1467 for February construction Ezell Hester, Jr. Park. Pay from Public Service Tax Constr.---301-721-5-463-02 WATER RESOURCES 3 Homa Submersible Sewage Pumps for Utility Pumping Stations. Pay from Utility Capital Improve.---404-352-5-642-00 Piggyback City of Boca Raton's Bid WOODBURY BUSINESS SYSTEMS, INC. tlM Misc. Cash Receipts, 8,800 Probable Cause Affidavits and llM Notice to Appear Forms for Citizen Services and Police Dept. Pay from General Fund---001-132-5-472-00--- 407.00 Pay from " " 001-211-5-472-00 1,775.40 Printing Quote #003-09, Commission approved 2/5/91 3,697.73 7,971.00 2,182.40 These bills have been approved and verified by the department heads involved, checked and approved for payment. Gr~c~Director- I therefore recommend payment of these bills. J/cott Miller, Ci~l~Manager COMMISSION APR ~ 139! APPROVAL