Loading...
Minutes 03-19-91MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, MARCH 19, 1991 AT 6:00 P.M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Denys "Sam" DeLong, Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager Sue Kruse, City Clerk Jim Cherof, City Attorney Mayor Moore called the meeting to order at 6:00 P.M. There was a moment of silent prayer followed by the Pledge of Allegiance to the Flag, which was led by Vice Mayor Lee Wische. AGENDA APPROVAL Under CITY MANAGER'S ask the City Manager Loitering" Ordinance. REPORT, Commissioner DeLong wanted to about the status of the proposed "No Commissioner Weiner requested that item V. DEVELOPMENT PLANS +- CONSENT AGENDA, Suburban Bank at Shoppes of Boynton - Site Plan Modification, be removed from the Consent Agenda and discussed individually. Under NEW BUSINESS, Mayor Moore wished to discuss Problems With a Polling Place at Recent Election. A report was ~equested in connection with Possible Closing of Boat Ramp park. Clarification was requested from the City Attorney in connection with the Special City Commission Meeting sche- duled for March 28, 1991. Under LEGAL C. 16, City Manager Miller added a Resolution in ~egard to Supporting Environmental Substitute of Lands for a Grant Application by the County. The County was asking for an expression of the Commission's support by March 27, 1991. Under ADMINISTRATIVE E and F, City Manager Miller added Acceptance of Resignation of Lynne Matson from CAB and Jose Aguila from PZB. Vice Mayor Wische moved to approve the Agenda as amended. ~ommissioner Weiner seconded the motion which carried 5-0. ~NOUNCEMENTS ~. Proclamation - Child Abuse Prevention Month - April, 1991 Mayor Moore executed. indicated the Proclamation would be properly 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 Presentation 1. Review of the Comprehensive Annual Financial Report for fiscal year ending September 30, 1990 by Ernst and Young Mr. Paul Bremmer, Managing Partner of Ernst and Young, called attention to the Certificate of Achievement received by the City for the September 30, 1989 Report which is the highest award in financial reporting. Mr. Bremmer antici- Pated the City may very well receive this award again for the year ended September, 1990. Remarks were made about the General Fund deficit. Mr. Bremmer pointed out the City ~ists approved compensated absences, vacations and sick pay which are presently not required to be reported in the General Fund but are reported in the General Long-Term Debt. This figure is 2.8 million dollars. The current Governmental Accounting Standards Board is looking at that to see if in the future it will be required to be reported in the General Fund as a current liability. The City's internal control structure had been found to be Qperating as designed. There was no material non-compliance with any local or State laws or regulations. Commissioner Weiner referred to pages 142 through 144 of the Management Letter and asked about compliance with certain comments. City Manager Miller responded the City had no problem with the comments and most had already been ini- tiated. The City would be responding to the Auditor General ~o advise how the City would be meeting each of the com- dents. Mr. Bremmer reported the General Fund deficit, taking into ionsideration all reserves, totalled $364,690. The Capital mprovement Fund experienced a deficit of $231,164 and the Sanitation Fund had a deficit of $105,855. There were other funds that experienced surpluses. Mr. Miller pointed out a 706,000 insurance payment (relative to Tradewinds) had been pplied to the $364,690 General Operating Fund deficit. If hat had not taken place, the deficit would have been over ~1,000,000. Vice Mayor Wische moved to receive and file the Report. Commissioner DeLong seconded the motion which carried 5-0. ~resentation of Certificate of Commendation I to Diane Reese, Assistant Finance Director City Manager Miller explained that during the past audit, rady Swann, Finance Director, had some medical problems and as out for about eight weeks during the height of the 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 audit. Diane Reese, Assistant Finance Director, showed leadership in getting the City through the audit in an admirable fashion. A Certificate of Commendation was pre- sented to Diane for her dedication. Mr. Swann thanked Diane publicly for her hard work and conscientiousness. BIDS None. PUBLIC HEARING None. PUBLIC AUDIENCE Ms. Ernestine Johnson, 516 N.W. 3rd Street complained that she had been "hassled" by a member of the City's Code Enforcement Dept. in connection with properties she owns in the City. That problem had been resolved but she had a second complaint which dealt with Utility Billing. She explained the specifics of a recent billing problem she had experienced and she felt it had been handled unfairly by the City. Wilfred Hawkins, Assistant to the City Manager/Ombudsman, was present in the audience and was asked to work on this problem with Ms. Johnson. Mr. Bob Borovy, 2521 S.W. llth Street, Chairman of the Boynton Beach Veterans' Council, indicated he was working with Commissioner DeLong and another person on another phase of the adoption of the 101st Airborne Division. They would like to present each member of the Unit with a "Key to the City." The Veterans' Council will provide the keys and key rings. Mr. Borovy requested permission to put on the key rings, "City of Boynton Beach" on one side and "Welcome Home Adopted Son," on the other. Vice Mayor Wische moved to approve this request. Commissioner DeLong seconded the motion which carried 5-0. Mr. Richard Roeding, 3 Verwood Way, Boynton Lakes North, ~xplained that last January he had addressed the Commission requesting relief so certain homeowners in his subdivision could make application for a screen enclosure variance on their properties without Homeowners Association approval. The Commission provided that relief and the application went before the TRB on March 14, 1991. Mr. Roeding stated that at the TRB meeting "everything seemed to reverse" and they were told the additional screen enclosures were inadvisable. The TRB turned the request down. Mr. Roeding pointed out Ghat screened enclosures in adjacent communities have received similar variances and he didn't feel they had been 3 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 treated properly. He explained the specifics. The homeowners were asking for a variance from the Site Plan. Mr. Roeding believed the presence of Lynne Matson at the TRB meeting resulted in a degree of intimidation as she had stood in opposition to the screen enclosures. City Manager Miller pointed out this was a recommendation of the TRB. It would next go to the City Commission for a determination as to whether or not this modification repre- sents a substantial change in the Master Plan. If it does, then it goes back to the Planning & Zoning Board for a hearing and then to the Commission. Chris Cutro, Planning Director, explained the Planning Dept~ r!ecommended denial because of the fact that these lots were Originally set up as 50' frontage lots. When those lots Were set with zero lotlines, they were reduced in size. Reference was made to a recent incident involving Knollwood Groves where the Planning Dept. made a determination which Was backed up by the Commission that a 50' lot with a zero lot line was too small. To allow these homeowners to build in the setback areas which were there to create cer- tain aesthetics and access through rear yards, would be improper in Mr. Cutro's opinion. There were other recommen- dations from other departments. There were remarks about the fact that some lots already have existing slabs that they wish to construct the screen enclosure over. Mr. Cutro believed that would amount to an expansion of the building. The slab does not become a structure until you put a roof on it. Mr. Richard Molinaro, 64 Paxford Lane, was upset over the way the screen enclosure matter had been handled and he demanded his rights. Ms. Linda Grub, 6 Red~ord Drive, wished to speak in opposi- tion to the proposed variance to the site plan of Boynton Lakes North which would allow the screen enclosures within the setbacks. The Mayor pointed out the matter would be coming through the system at a later date. Mr. Ralph Marchese, 1901 Roma Way, addressed the topic of privitization of sanitation and waste management. If the City sells its sanitation equipment, Mr. Marchese believed it would be a mistake because the City would then be at the mercy of a big sanitation company and the rates it wishes to Charge. Mayor Moore didn't agree with Mr. Marchese's iemarks and pointed out there would be a three to five year contract involved. The Mayor stated it is costing the City $6,000,000 a year to handle this and yet there have been MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 bids from outside companies indicating it could be done for under $4,000,000 for the same services. The Mayor thought efficiency could be improved. Later in the meeting, this topic is discussed at length. DEVELOPMENT PLANS A. CONSENT AGENDA - UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD Project Name: Agent: Owner: Location: Description: Suburban Bank at Shoppes of Boynton John Glidden, Architect - Oliver-Glidden & Partners VSB, Ltd., a Florida Limited Partnership Congress Ave. at N.W. 22nd Ave., northeast corner SITE PLAN MODIFICATION: Request for an amended site plan to separate from the shopping center the out- parcel preplanned for lease by a bank, modify the shared parking study, increase the footprint square footage by 1,521 sq. ft. and allow changes in site layout and design. At the beginning of the meeting, Commissioner Weiner had ~equested this ~e pulled from the Consent Agenda and discussed individually. Mr. cutro indicated the TRB and PZB had both recommended ~pproval. There had been some disagreement over the pro- Dosed building color between the bank owner and the CAB. on Jaeger, Building Official stated the CAB recommended pproval with two stipulations. The CAB wanted the signage On the building to match the sign program for the entire ~enter and the CAB recommended the color of the building be ~andated to match the color of the shopping center. Vice Mayor Wische pointed out this was an outparcel and the owner Wanted to paint it off-white. The center is painted pink. The CAB saw no reason why this bank couldn't go along with ~he pink the rest of the center was painted. Mr. Dan Brown of Oliver Glidden Architects stated the color proposed was an off-white or a light peach color. There are ~ultiple colors in the center ranging from white to medium ~nd deep peach. Color chips were produced. Mr. Derek Vander Ploeg, Architect, asked the Commission to ~pprove the project, subject to the applicant going back to 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYlqTON BEACH, FLORIDA MARCH 19, 1991 the CAB to get approval of the building color which would now be changed to either a direct match or slightly lighter shade of pink than the rest of the center. Discussion took place. Vice Mayor Wische moved to approve this, contingent upon CAB approval of the color. Commissioner DeLong seconded the motion. Mr. Brown pointed out it had been recommended as part of the pZB approval that the parking arrangement be changed and that there would also be a modification to-the roofline. Mr. Brown and Mr. Vander Ploeg both indicated they accepted all staff comments. The Mayor called for a vote of all those in favor of the motion. The motion carried 5-0. B. NON-CONSENT AGENDA -- NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD None. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 091-13 Re: Beach Decals for Ocganfront Park Availability for fee to non-residents City Attorney Cherof read proposed Ordinance No. 091-13 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ORDINANCE 90-45, CHAPTER 16, PARKS AND RECREATION, PROVIDING FOR THE ISSUANCE OF BEACH DECALS TO QUALIFIED NON-RESIDENTS; PROVIDING THAT EACH AND EVERY PROVISION OF ORDINANCE 90-45 NOT SPECIFICALLY HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED: PROVIDING A CONFLICTS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to approve proposed Ordinance No. 091-13 on second and final reading. Commissioner Weiner ~econded the motion and a roll call vote was taken by Sue Kruse, City Clerk, as follows: 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Motion carried 5-0. 2. Proposed Ordinance No. 091-14 Re: Advisory Board denials proceeding before the City Commission for final disposition City Attorney Cherof read proposed Ordinance No. 091-14 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE I OF CHAPTER 2 OF THE CODE OF ORDINANCES BY CREATING A NEW SECTION 2-17, PROVIDING THAT MATTERS PRESENTED TO A CITY ADVISORY BOARD OR COMMITTEE BE BROUGHT TO THE CITY COMMISSION FOR REVIEW AND FINAL DISPOSITION; PROVIDING FOR A CONFLICTS CLAUSE: PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. ~s there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to adopt Ordinance second and final reading. Vice Mayor Wische ~otion and a roll call vote was taken by Sue Clerk, as follows: No. O91-14 on seconded the Kruse, City Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Aye Motion carried 5-0. 3. Proposed Ordinance No. 091-15 Re: Sign Code Revision regarding Public Use Districts reference City Attorney Cherof read proposed Ordinance No. 091-15 by aaption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES, MORE COMMONLY KNOWN AS THE BOYNTON BEACH 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 SIGN CODE, BY AMENDING SECTION 21-26. SIGNS PERMITTED AND REGULATED FOR SHOPPING CENTERS. BY ESTABLISHING CRITERIA FOR PUBLIC USE DISTRICTS; PROVIDING THAT EACH AND EVERY OTHER SECTION OF CHAPTER 21 OF THE CODE OF ORDINANCES NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to adopt Ordinance No. 091-15 on second and final reading. Commissioner Weiner seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk, as follows: Vice Mayor Wische Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye Motion carried 5-0. B. Ordinances - 1st Reading 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 ~aption 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." Commissioner Weiner moved to adopt proposed Ordinance No. 91-16 on first reading. Vice Mayor Wische seconded the otion and a roll call vote was taken by Sue Kruse, City Clerk, as follows: Commissioner Artis - Aye Commissioner DeLong - Aye 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Motion carried 5-0. C. Resolutions Proposed Resolution No. R91-39 Re: Acceptance of Letter of Credit for off-site Utility Improvements for Platina, Village Ii "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF A STAND-BY LETTER OF CREDIT FOR OFF-SITE UTILITY IMPROVEMENTS - PLATINA, VILLAGE II, AND PROVIDING AN EFFECTIVE DATE." e Proposed Resolution No. R91-40 Re: Release of performance bond to Florida Service Engineers for drivers at two master pumping stations "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING A CASH BOND TO FLORIDA SERVICE ENGINEERS, IN THE AMOUNT OF $8,992.00." Proposed Resolution No. R91-41 Re: Setting forth cost of beach decals and use times for Oceanfront Park for non-residents "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA CONCERNING OCEAN FRONT PARK BEACH DECALS FOR QUALIFIED NON-RESIDENTS; ESTABLISHING THE COST OF THE PERMIT, THE TIME OF YEAR AND DATES THE PERMIT ARE VALID, AND THE MAXIMUM NUMBER OF PERMITS TO BE ISSUED; AND ESTABLISHING AN EFFECTIVE DATE." Proposed Resolution No. R91-42 Re: Authorization to process deferred payment loans for the Infill Construction Program "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY OF BOYNTON BEACH TO PROCESS DEFERRED PAYMENT LOANS FOR THE SINGLE FAMILY HOUSING (INFILL) CONSTRUCTION PROGRAM; AND PROVIDING AN EFFECTIVE DATE." Proposed Resolution No. R91-43 Re: Approve a proposal with Gee & Jenson for design and engineering services for improvements to the navigational channel at Boat Club Park 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY TO ACCEPT A PROPOSAL BY GEE AND JENSEN, DATED FEBRUARY 11, 1991, REGARDING IMPROVEMENTS TO NAVIGATION CHANNEL AT BOAT CLUB PARK AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE GEE AND JENSEN CONTRACT; A COPY OF SAID PROPOSAL ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Mayor Moore referred to a Palm Beach Post article which Stated Boat Ramp Park would be closed unless the City came UP with money for dredging. The Mayor asked if this Resolution addresses the problem. He also wondered if the $4,175 mentioned in the Resolution was for engineering fees or for the dredging itself. City Manager Miller responded this fee was only for the preliminary planning stage to get an application prepared and ready for submittal. Mr. Miller agreed something had to be done with the channel as some boats are hitting the bottom as they move out into the Intracoastal. In South Florida it is necessary to dredge channels periodically. Hopefully, the City will qualify for a 100% grant to do this. Unfortunately, under this grant program the upfront costs in regard to preliminary concep- tual design are not grant related, so the City has to front those costs up front and hope that down the line we will obtain the 100% grant for the actual dredging operation. There are three phases totalling about $15,000 for engi- neering services. At this time, the Commission would be approving only Phase I of the three phases. Funds are not appropriated in this budget for this work. Mr. Miller ~hought the money should be taken from the Capital Improvement Account. Discussion took place about cir- Cumstances when cities can charge fees for parking. Charles Frederick, Director of Recreation and Parks pointed Out that only the $4,175 would be "up front" money which the City would have to take care of. If the grant is approved, ~he remainder of the $15,000 would be reimbursable through the grant program. The grant application has to be filed by ay 1, 1991. If approved, then the City has to immediately ove into Phase II and III of the planning process. Mr. Frederick noted the Army Corps of Engineers also has a redging project scheduled for an area near the Inlet where he City might be able to "piggy-back" with that project and ~erhaps save some money. Mr. Frederick indicated there was no anticipation of closing down the park. He believed the ~alm Beach Post newspaper headline had been misleading. ~ommissioner Artis was interested in the actual boat count Of vessels using the ramps at the park so the Commission 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 could determine if it would be feasible to charge for parking. Mr. Frederick indicated studies had been done and he would be happy to share them with the Commission. Proposed Resolution No. R91-44 Re: Agreement between Palm Beach County and the City of Boynton Beach to provide funding to the City for acquisition of land for use in the infill housing program "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 WITH PALM BEACH COUNTY TO PROVIDE FUNDING TO THE CITY OF BOYNTON BEACH IN THE AMOUNT OF $141,721.00 FOR ACQUISITION OF LAND FOR USE IN THE SINGLE FAMILY HOUSING (INFILL) CONSTRUCTION PROGRAM; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Proposed Resolution No. R91-45 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board Resolution No. 1-91 to utilize funds from sinking fund for payment of portions of odor abatement construction "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING RESOLUTION 1-91 OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AUTHORIZING UTILIZATION OF FUNDS FROM SINKING FUND FOR PAYMENT OF PORTIONS OF ODOR ABATEMENT CONSTRUCTION; AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID RATIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE." Proposed Resolution No. R91-46 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board action reference sludge disposal contract "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AND ENVIRONMENTAL SCIENCES CORPORATION; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT: AND PROVIDING FOR AN EFFECTIVE DATE." Proposed Resolution No. R91-47 Re: Contract between City of Boynton Beach and School Board of Palm Beach County for school bus use for summer day camp 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 ;'A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY TO PROVIDE SCHOOL BUS USE FOR SUMMER DAY CAMPS; A COPY OF SAID CONTRACT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Ms. Wilda Searcy wanted to know if the buses would provide transportation to summer PIC program student workers. Charles Frederick, Director of Recreation and Parks responded negatively and explained the buses would transport children for the summer day camp programs. Registration fees are charged, trips are planned for the children and the buses are rented from the School Board. City Manager Miller explained the PIC Work Program should not be confused with the summer recreational program. Ms. Searcy was very sup- portive of the PIC youth work program and felt the City had a responsibility to participate in the program. 11. Proposed Resolution No. R91-49 Re: Approve execution of contract with San Francisco Puffs & Stuffs - G.A.L.A. Concessionaire "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND SAN FRANCISCO PUFFS & STUFFS, INC., WHICH CONTRACT AWARDS ALL THE FOOD AND BEVERAGE RIGHTS FOR THE G.A.L.A., SCHEDULED FOR MARCH 22, 23 AND 24, 1991: A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Motion Commissioner Weiner moved to approve Resolutions 1, 2, 3, 5, 6, 7, 8, 9 and 11, as shown on the Agenda. Vice Mayor Wische seconded the motion which carried 5-0. 16. Proposed Resolution No. R91-54 Re: In Support of 13 applications which Palm Beach County has pending before the State Conservation and Recreational Lands (CARL) Program (Purchase of Environmentally Sensitive Lands) "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, IN SUPPORT OF THE THIRTEEN APPLICATIONS WHICH PALM BEACH COUNTY HAS PENDING BEFORE THE STATE CONSERVATION AND RECREATIONAL LANDS (CARL) PROGRAM; AND PROVIDING AN EFFECTIVE DATE." 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 City Manager Miller explained Palm Beach County residents voted to approve the $100 million dollar bond referendum for the purchase of environmentally sensitive lands. Matching State funds are being applied for by the County. Two of the parcels are located in Boynton Beach. Two draft Resolutions had been prepared for Commission review. One addressed only the two parcels in Boynton Beach and the other addressed approval of all 13 applications. The Commission desired to approve the Resolution in support of all 13 applications. Commissioner Weiner moved to approve Resolution No. R91-54 in support of all 13 applications. Vice Mayor Wische seconded the motion which carried 5-0. 15. Proposed Resolution No. R91-53 Re: Palm Beach County Land Use Element "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, TRANSMITTING ITS POSITION ON THE PROPOSED COUNTYWIDE FUTURE LAND USE ELEMENT WHICH WAS SUBMITTED TO ALL MUNICIPALITIES FOR A FORTY-FIVE DAY REVIEW AND COMMENT PERIOD PURSUANT TO SECTION 7.8 OF THE COUNTY CHARTER; EXPRESSING, ONCE AGAIN, ITS ENDORSEMENT OF THE MUNICIPAL LEAGUE'S POSITION WITH REGARD TO THIS COUNTYWIDE FUTURE LAND USE ELEMENT; STRONGLY EXPRESSING ITS CONCERN THAT THE COUNTYWIDE PLANNING COUNCIL HAS EXCEEDED ITS JURISDICTION AS SET FORTH IN ARTICLE VII OF THE PALM BEACH COUNTY CHARTER BY INDEPENDENTLY PREPARING DRAFT POLICIES DEALING WITH ELEMENTS OUTSIDE THE SCOPE OF A "LAND USE ELEMENT" AND THOSE REQUIRED TO RESOLVE OR, MORE IMPORTANTLY, PREVENT INCOMPATIBILITIES AND CONFLICTS AMONG LOCAL GOVERNMENTS' LAND USE PLANNING EFFORTS: REQUESTING THE PLANNING COUNCIL TO REVISE THE CFLUE PROVIDING THAT THIS RESOLUTION BE SENT TO THE PALM BEACH COUNTYWIDE PLANNING COUNCIL, THE PALM BEACH COUNTY MUNICIPAL LEAGUE AND THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." City Manager Miller pointed out that Boynton Beach had been surpassed by the City of Delray Beach in population (based on 1990 census figures). This had resulted in Boynton Beach losing its seat to Delray Beach on the Palm Beach County Planning Council. Mr. Miller noted this would be temporary as Boynton Beach has a far greater number of multi-family and single family units in the planning and construction stages. Hopefully, Boynton Beach will gain that Council seat back in the next year or so. Chris Cutro, Planning Director, explained the document sub- mitted to the City by the Palm Beach Countywide Planning 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 Council had been reviewed and it had not changed dramati- cally since it was approved in January by the Planning Council. The same concern exists, namely, will the imple- mentation of the goals, policies and objectives erode the planning and zoning abilities of the cities? Mr. Cutro further explained the County Commission was in favor of passing the plan. The Planning Council had already voted to leave in the policies that the League of Cities had vehe- mently protested. Mr. Cutro explained why he took exception to a memo written by Attorney Trela White for the League of Cities. Bi-weekly meetings have been taking place with the Planning Council to go over the different procedures as they come up. Mr. Cutro indicated they were trying to cover everything required and yet keep the development review pro- cess as short as possible so that people are not kept in a review loop forever. Mr. Cutro believed the Countywide Planning Council does play an important role as far as jurisdictional disputes and also in connection with annexations. There needed to be some control, however, as he didn't think someone should come in and barter with the City for a land use or zoning. Mr. Cutro thought the City Commission should continue its sup- port of the Municipal League's position, however, if approved by the County Commission, the City should continue to monitor this as the procedures are put in place. He didn't think the City wanted local planning and zoning powers eroded. Other remarks were made. Mr. Cutro recommended the City support the Municipal League's position. If approved, Resolution No. R91-53 will be forwarded to the Planning Council and to the Municipal League on March 20, 1991 (the next day). Dan Richter, the City's representative to the Countywide Planning Council remarked that he saw a need for this as Mr. Cutro had explained. He believed the City should monitor ~his and make sure the City is involved in the process. Commissioner Weiner moved to adopt Resolution No. R91-53. Vice Mayor Wische seconded the motion which carried 4-1. Mayor Moore voted against the motion. Proposed Resolution No. R91-48 Re: Approval of Agreement with Richard L. Shephard and Associates to perform property surveys - Infill Construction Program "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE PROPOSAL SUBMITTED BY RICHARD L. SHEPHARD AND ASSOCIATES, INC., AND 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND RICHARD L. SHEPHARD AND ASSOCIATES, INC., TO COMPLETE PROPERTY SURVEYS ON SEVENTEEN (17) CITY-OWNED VACANT LOTS DESIGNATED TO BE USED IN THE SINGLE FAMILY HOUSNG (INFILL) CONSTRUCTION PROGRAM; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." In response to a question raised by Ms. Wilda Searcy, Johnnetta Broomfield, Director of Community Improvement explained this related to properties north of the canal, which are City owned properties. These lots are located on N.W. 4th Street, N.W. 15th Ave. and N.W. 16th Ave. This did not involve Housing and Community Development money. The Mayor thought these lots were undesirable, due to their location north of the abandoned lift station. He didn't think the City should spend any money on this until people were found who were interested in living there. Ms. Broomfield explained these homes will not be built unless there is a family that qualifies for a loan at the lending institutions. The 3 bedroom/2 bath homes will cost about $50,000. As a result of a recent newspaper article advertising the program, many interested persons have inquired. Remarks were made about the function of the City's Loan Specialist in several City programs. Commissioner Weiner moved to adopt Resolution No. R91-48. Commissioner Artis seconded the motion which carried 4-1. The Mayor cast the dissenting vote. 14. Proposed Resolution No. R91-52 Re: Amendment ~1 to Stanley Consultants Contract for Construction Management - West Water Treatment Plant "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AMENDMENT #1 TO STANLEY CONSULTANTS CONTRACT FOR CONSTRUCTION MANAGEMENT FOR THE WEST WATER TREATMENT PLANT; A COPY OF SAID AMENDMENT IS ATTACHED HERETO AS EXHIBIT "A": AND PROVIDING AN EFFECTIVE DATE." Commissioner Weiner observed this would give an increase to Stanley Associates of $50,000 for a project that has not even been started yet. She wondered how much more this pro- Ject was worth to Stanley Associates than it would have been ~f James Montgomery's bid had been accepted. John Guidry, Utilities Director, responded that was not for the same ~hing. The Utilities Dept. had designed all of this project ~o include the wells, etc. Those wells have been sitting 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 dormant. Mr. Guidry stated they had looked at the possibi- l!ity of using the City's own inspection staff on this. It was more cost effective to utilize Stanley Consultants in this case and it totally connects them from well to plant to continue to "birth certificate" as to permitting rationale. Commissioner Weiner asked if there would be any other addi- tional costs for Stanley Consultants prior to starting. Mr. Guidry didn't see any outstanding. Uice Mayor Wische moved to adopt Resolution R91-52. Commissioner DeLong seconded the motion which carried 5-0. The next two Resolutions were discussed at the same time: Proposed Resolution No. R91-50 Re: Acquisition of 6.63 acre tract of land owned by Rose adjacent to East Water Treatment Plant "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 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 ROBERT J. ROSE, JR.; A COPY OF SAID CONTRACT AND ADDENDUM IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." 13. Proposed Resolution No. R91-51 Re: Acquisition of 1.24 acre tract of land owned by Moore adjacent to East Water Treatment Plant "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYlqTON 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." John Guidry, Utilities Director stated that two Commission ~eetings ago, staff was instructed to prepare contracts and put a price package together on these two parcels. This had ~een done. Reference was made to Mr. Guidry's Agenda Memorandum No. 91-135 to the City Manager. Funds are 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 available and are in reserve for the purchase of these tracts which total 7.87 acres. Commissioner Weiner indicated she had "walked" these two parcels with Pete Mazzella, Kevin Hallahan, Stella Rossi and Dr. Iberson. She thought it was obvious that the City would never be able to use some of this land. As a taxpayer, Stella Rossi had submitted a letter which Commissioner Weiner read out loud. Ms. Rossi commented, in part, on the ~act that these are environmentally sensitive sites because of the existence of Federally endangered species such as Florida Scrub Jays and Gopher Tortoises. Moving Gopher Tortoises is considered a "last resort" by the State Game and Fresh Water Fish Commission because of the lack of new suitable sites, the enormous cost involved and because of the survival rate. Ms. Rossi believed the requirements for development of these parcels should call for an environmen- tal study by a biologist. Ms. Rossi recommended this item be tabled until this assessment, including mapping and sur- veying of on site plant and animal preservation is under- taken. Commissioner Weiner recommended both Resolutions be tabled until the environmental study is done to see how much of the land can be used and what the results of moving the Gopher Tortoises would be. Mayor Moore stated the contract is sub- ject to completion of the environmental study. City Attorney Cherof responded there was time provided for in the addendum for inspections. Mr. Guidry indicated they were working with CH2M Hill and drafting a Task Order for environmental assessment at this time. That was one of the contingencies on the closing. Commissioner Artis stated she wished to second Commissioner Weiner's motion for discussion purposes. City Attorney Cherof pointed out there really shouldn't be discussion on a motion to table. Mayor Moore chose to allow discussion. Jose Aguila, 800 S.W. 1st Court, was not clear on whether the acquisition of land would happen before or after the studies. He requested the studies be performed before the land is purchased. The Mayor stated that was the case. Ed Harmening, 915 S.W. 27th Way, thought perhaps CH2M Hill should be asked to re-review the Master Plan for the East Water Treatment Plant to see if either of these purchases is necessary. In addition, the access is very limited to the smaller parcel. Environmentally, he believed it appeared to be the most heavily impacted of the two parcels by far. The price per square foot in comparison to the other price, 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 considering the negative impacts, was prohibitive in his opinion. Mayor Moore stated he was personally involved in this and Mr. Harmening was incorrect. Mayor Moore had obtained appraisals in excess of $150,000 for the small parcel. The Mayor remarked that the environmental study would show up what is there. Maurice Rosenstock, 1 Villa Lane, stated that in reviewing ~he paperwork, no one had made any specific evaluation of ~he value of that land considering the environmental con- Cerns. It had been approached as if the land was totally buildable and they clearly stated that. He quoted a segment from Mr. Guidry's Memorandum No. 91-135: "...the appraisals involved did not take into consideration any cost related to ~he preservation or relocation of any endangered flora or fauna which may exist on the parcels. The scope of the appraisals involved the use of the direct sales comparison ~pproach to value and income and cost approaches were not ~pplicable to the subject." Mr. Rosenstock asked what per- Centage of this land would not be able to be used in per- petuity? He thought they needed to consider whether this Iand was being acquired at the right price. If a percentage Of this land cannot ever be used, then Mr. Rosenstock ~hought perhaps they should reconsider what they were paying for the land, regardless of who owns it. Mr. Rosenstock thought if Mr. Guidry negotiated this contract, as it appeared to him, perhaps there should be a ~eorganization in the City where one individual or a group ~f individuals do all the negotiating for the City to deter- mine how the City is going to buy its land. Mr. Rosenstock thought this may have been a mistake. Discussion took place ~ith the Mayor. Cynthia Greenhouse, 618 N.E. 20th Lane, stated it appears from Mr. Guidry's memorandum that the City will be acquiring ~he property for 6% less than the lowest appraised value. She pointed out that 100% of that 6% is comprised by the Rose property. The City is able to acquire the Rose pro- perty for 6% less than the lowest appraisal. If approved, the City would be acquiring the Moore property for $19,000 ~ore than the lowest appraisal which equals the highest ~ppraisal. Mrs. Greenhouse referred to running the City like a business, with no dollars to spare. The City just ~aid off some employees. Mrs. Greenhouse thought the City would end up buying "a pig in a poke." Mrs. Greenhouse ~tated that apparently $94,000 of bond funds are being tetained by Mr. Guidry's Dept. to fix the problem rather ban have an accurate appraisal. Mr. Guidry interjected 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 they were not bond funds. Mrs. Greenhouse stated if half the land is not buildable, then the City would be paying t~wice as much for the land. Mrs. Greenhouse was concerned that no title search had been conducted. Mayor Moore interjected the contract clearly calls for a title search. Preliminary ownership was furnished to the City Attorney. There were additional remarks and Mrs. Greenhouse repeated the title search had not taken place. City Attorney Cherof pointed out in real estate transac- tions, the title search comes after the contract is signed and before the closing. There are provisions in the contract that provide that if there is not clear title, there is no obligation to purchase. Mrs. Greenhouse did not believe an accurate appraisal had occurred in this instance because there had been no consideration to the environmental impact. She pointed out that Gee & Jenson would be per- fectly capable of doing this. Mrs. Greenhouse agreed this should be tabled. Discussion took place regarding expansion of the East Plant that needs to take place this year and the amount of money allocated to that end. Commissioner Artis asked if the environmental assessment could be ready for the next Commission meeting. Mr. Guidry pointed out that would not be possible. They could bring a Task Order to the Commission by the next meeting. City Manager Miller stated he wanted a couple of quotes from CH2M Hill and from Gee & Jenson. Mr. Guidry responded he really has no relationship With Gee & Jenson. Mr. Miller indicated he does have a ~elationship with Gee & Jenson. Mr. Miller estimated the Cost for the environmental assessment could be anywhere from $10,000 to $25,000. The City Manager wanted more than one ~uote. Discussion took place with the Mayor. Mayor Moore stated a preliminary study had taken place. He thought it had been indicated there is no environmental problem that is of a major nature, that can't be eliminated. That was what he had read in the appraisal. He repeated he was involved in ~his situation and he viewed it just like the Morey's Lounge Situation. The city has every right to go ahead and condemn ~his property. He stated the City could pay him now or pay him later. He guaranteed that if the City got into condem- nation, they would be talking about a higher price for the land, attorney fees and more appraisals. ~ayor Moore asked Commissioner Artis if she wished for her ~econd to "stand." Commissioner Artis replied, "It stands." Commissioner Weiner repeated the motion to table proposed ~esolution R91-50 and R91-51 to get the assessment. The 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 motion carried 4-1 with the Mayor casting the dissenting vote. Memorandum of Voting Conflict is on file in the City Clerk's office. NEW BUSINESS A. Items for discussion requested by Mayor Gene Moore Legal Clarification Regarding March 28, 1991 Special City Commission Meeting Legal clarification had been requested of City Attorney Cherof as to when the newly elected officials will offi- cially assume office. A Special Commission meeting has been scheduled for 6:00 P.M. on March 28, 1991 for the "swearing in." Mayor Moore had hoped the meeting could be held at 8:00 A.M. that day. City Attorney Cherof stated the newly elected officials will officially take office just after midnight on March 28, 1991. They do have to take their oaths before they assume any duties or perform any func- tions. Problems with Hunters Run Polling Place During Recent General Election Mayor Moore referred to problems getting through "security," experienced by several voters when they 'tried to gain access to the Hunters Run Polling Place. He had problems with this and thought many people would be intimidated and might choose to leave without voting. Maurice Rosenstock stated he was a member of the Hunters Run Security Committee. What took place was a gross error. They had instructed security to not obstruct anyone coming ~hrough the gate on election day. The people have a perfect right to go to the polls. The Wackenhut employees had been ~eprimanded and a letter had been written to Jackie Winchester, Supervisor of Elections explaining that fact and guaranteeing her, that in the future, nobody would have any ~roblem getting through those gates on election day. Mr. osenstock explained exactly what happened to the voter ~nvolved. Heated remarks were exchanged by the Mayor and Mr. Rosenstock. Mayor Moore stated he would like to ask responsible members ~or the State to issue a plea that anybody who was denied ~ccess for any reason whatsoever contact him. Mayor Moore ~uaranteed there would be a suit filed to invalidate the ntire election. He stated if one citizen was denied the ~ight to vote, that was un-American and wrong. The Mayor ~hought the system was wrong and there was plenty of other polling places they could use. 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 "Yahwehs" -- Activity Near Polling Places Mayor Moore stated at one polling place he received a packet from two individuals. The packet was handed to the City Manager and it was asked that this be referred to the Police Chief for immediate investigation as there were threats of physical harm by some members of the Yahweh group. Mayor Moore stated he saw some members of the group distributing literature in support of Arline Weiner for Mayor. Mayor Moore stated several citizens were harrassed at polling places and physically threatened. Photographs and license numbers were available. The Mayor wanted to get to the bot- tom of this. Privitation of City Sanitation Service Earlier in the meeting, under Public Audience, brief discussion on this topic took place between Mayor Moore and Former Mayor Ralph Marchese. Mayor Moore believed consideration should be given to hiring an outside firm to handle the City's waste disposal. A Written summary of his argument is attached to these Minutes. · he Mayor passed the gavel and moved that the outgoing City Commission strongly recommend that the new City Commission act in a responsible and expedient manner and that the new City Commission adopt privitization of the City's solid waste and recycling services for the betterment of the City. Mayor Moore pointed out that if this is done, a deficit of ~pproximately $500,000 would move out of "the red" and into '!the black." This is not to advocate any one of the five bidders. The Mayor believed the City should examine this. Other remarks were made. Vice Mayor Wische repeated the ~otion which he understood recommended the incoming Commission look at all aspects of this further and make some sort of a decision. The Vice Mayor seconded the motion Which carried 3-2. Commissioner Artis and Commissioner Weiner voted against the motion. Vice Mayor Wische left the dais at 7:45 P.M. Interim Services Study Mayor Moore remarked that he thought $22,000 was a lot to pay for this 18 page study. City Manager Miller pointed out ~his sets the methodological approach relative to the ~ollection of the fee for single family, multi-family and 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 commercial. Mr. Miller stated a lot of work went into that study. If approved, t~e City will collect large sums of money through this fee. ADMINISTRATIVE A. Consider appointing one alternate member to the Building Board of Adjustment and Appeals - One year to expire April, 1992. Appointment to be made by Commissioner Lillian Artis (Previously Tabled) term Commissioner Artis appointed David Floering to the alternate position on the Building Board of Adjustment and Appeals. There were no objections. COnsider appointment to Community Redevelopment Advisory Board. Term expires 8/91 - Appointment to be made by Mayor Gene Moore Mayor Moore appointed Bradley Weigle. There were no objec- tions. C. R~placement of EIMCO Sludge Thickener and Vacuum Filter As outlined in John Guidry, Utilities Director's Memorandum No. 91-104, the recommendation is to replace this piece of equipment which is only marginally operable. T.S.C. Corporation, Tampa, Florida, has furnished a written quota- tion. for supplying and installing all necessary equipment to brin~ these units back to current factory specification. The cost of their proposal is $152,600. Commissioner DeLong moved to accept this recommendation. Commissioner Artis seconded the motion which carried 4-0. D. Consider approval of Change Order No. 16 - Fire Station %3 Cha~ge Order No. 16 is for the addition of 17 duct fire dampers for Fire Station %3. The total amount of this Change Order is $3,468. Commissioner Weiner moved to approve Change Order No. 16. Commissioner DeLong seconded the motion which carried 4-0. E. Accept Resignation of Lynne Matson from t~he Community Appearance Board 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYHTON BEACH, FLORIDA MARCH 19, 1991 Commissioner Weiner moved to accept the resignation of Lynne Matson from the CAB. Commissioner Artis seconded the motion which carried 4-0. F. Accept Resignation of Jose Aguila from the Planning & Zoning Board Commissioner Weiner moved to accept the resignation of Jose Aguila from the PZB. Commissioner Artis seconded the motion which carried 4-0. CONSENT AGENDA A. Minutes 1. Regular City Commission Mtg. Minutes of March 5, 1991 2. Special City Commission Mtg. Minutes of March 13, 1991 B. Bids - Recommend Approval - Ail expenditures are approved in the 1990-91 Adopted Budget 1. Manhole rehabilitation The Tabulation Committee recommended awarding the bit to Enviro Q, of Jacksonville, Florida. Bidded amounts are listed on the tabulation sheet. 2. Joint Co-op Bid Bulk Quicklime Quicklime is used at the Water Treatment Plant to chemically Soften the water. The Cooperative Purchasing Council of Palm Beach County jointly renewed the bid to Allied Products, of Birmingham, Alabama in the amount of $50.50 per ~on plus $35.54 for freight for a total of $86.15 per ton. C. Approve authorization to dispose of records Occupational Licenses and City Manager's Office Records Destruction Request Forms Ho. 207 and 208 had been approved by the State Division of Archives. Commission approval was needed to proceed with destruction of these records from the Building Dept. and City Manger's office. Vice Mayor Wische returned to the dais at 7:49 P.M. D. Payment of Bills - Month of February, 1991 See list attached to the original copy of these Minutes in ~he City Clerk's office. 23 MINUTES - REGULAR CITY COMMISSION MEETING B©YNTON BEACH, FLORIDA MARCH 19, 1991 Commissioner Weiner asked about item ~15, a payment to Josias & Gore~, P.A., which included among other charges, a $2,179.98 fee in connection with~Woolbright Partners, et al. City Attorney Cherof pointed out this matter has been concluded. General Releases have been received. E. Request for refund on cemetery lot 505A, Block O - Boynton Beach Memorial Park Addition ~1 Memo No. 91-033 had a request for refund on cemetery Lot 705 B, Block O and it should have been Lot 705 A, Block O, Boynton Memorial Park Addition ~1. Lois A. Wright, who has a Power of Attorney for her father, Harold Clark, owner of cemetery Lot 705 A, Block O, made the request. F. Approval of Bills See list attached to the original copy of these Minutes in the City Clerk's office. G. Receive and file departmental monthly reports Monthly Activity Reports from City Departments were made available for Commission review by City Manager Miller. Commissioner Weiner moved to approve the Consent Agenda. ~ommissioner Artis seconded the motion which carried 5-0. Update on the Request for No Loitering Ordinance Commissioner DeLong requested an update on the status of this proposed Ordinance. City Attorney Cherof indicated he was in the process of drafting this. Maintenance Needs at Municipal Beach In response to a telephone call from a resident, Commissioner DeLong had checked the conditions at the beach. She was concerned that not enough maintenance had been done recently as she observed a lot of rotten wood, holes, ter- mite infestation of benches, etc. City Manager Miller indi- cated staff had been apprised of this. 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1991 ADJOURNMENT The meeting properly adjourned at 7:50 P.M. CITY OF BOYNTON BEACH Mayor Vice Mayor ATTEST: Recording Secretary (Two Tapes) Commissioner · Commissionerj ./ - Commissioner 25 SU~ARY OF ARGUMENTS FAVORING PRIVATIZATION OF SOLID WASTE SERVICES O T~e City Manager's office has developed a set of proposal and contract specifications which will serve tke City's best interesus, as follows: The City's sanitation department workers will be assured of continued employment if the services are privatized. The City has taken the opportunity to become aware of the personnel practices, employee benefits and wage plans made available by each of respondents to the request for proposals. The costs of solid waste and recycling collection services are limited and controlled by the contract. Annual increases are limited by the use of a Refuse Rate Index and apply to non-disposal costs only. The City reserves the right to rescind the contract for non-performance. Additionally, the City would be protected by a performance bond equal to the service value of the contract. Furthermore, the City could elect to buy back all of the hauler's vehicles and containers at prices pre-established by the contract. The proposals have been tentatively reviewed and the City will be able to: O Insure that its current employees receive wages and employee benefits commensurate to those they currently enjoy with the City. O Receive a cash influx materially in excess of $1 Million relating to the sale of the City's vehicles and refuse containers. O Substantially reduce the rates paid by the City's residential and commercial customers. The proposed rates may save the City's constituents more than $2 Million EACH year of the contract. The out-going City Commission strongly recommends that the new City Commission act in a responsible and expedient manner; and, that the new City Comn]ission adopt privatization of the City's solid waste and recycling services for the betterment of all of the City of Boynton Beach. *FORM 8B MEMORANDUM OF VOTING CONFLICT FOR LA~_T I;iAME--FIRST NAME--MIDDLE NAME COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS COUN'rY DATE ON WH 'H VOI'E OCCURRED NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMI~FEE ON WHIC ! SERVE IS A UNIT OF: ~ ! ! COUNTY ! ~ OTHER I.OCAL AGENCY NAME OF POLITICAL SUBDIVISION: V MY POSITION IS: ~ /LECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest~ under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged.to use it in making the disclosure required by law. Your responsibilities under the law When faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION tt2.3'143, FLORIDA STATUTES I ~CTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person hoiding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise ma3' participate in a matter in which he has a conflict of interest, but must disclose the hature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH T-~:~ VOTE WILL BE TAKEN: i a should complete and file this form (before making any attempt to influence the decision} with the person ~:esponsible for ',,~ording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of]the form should be provided imlnediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 1F YOU MAKE NO ATTEMPT TO 1Ni~LUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETE~'G:, You should disclose orally the nature of your conflict in the measure before participating. You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, ~ ~) C /V~ o ("~c__~ , hereby disclose that on ~'~ / ] ~ , 199 [ (a) A measure came or will come before my agency which (check one) inured to my special private gain; ~,~ .: inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: · by whom 1 am retained. Date Filed 7' NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317. (1985). A FAILURE TO MAKE ANY REQUIk-~-O DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $5.000. CE FORM 8B 10-86 PAGE KT_. CO~SElq-T AGKt~TDA D cc: F£nance · · ~ · ~e · · 3~ AGENDA March 19, 1991 CONSENT AGE~DA F cc: Util, Rec Fimance, l~gmt Serv. ALLIED LIME Blanket P.O. #85951 - Pebble Quick Lime for Water Plant. Pay from Water & Sewer Rev---401-332-5-365-00 $ 7,170.32 BOCA TIRES INC. Blanket P.O. #85957 for Vehicle Service - Tires & Tubes. Pay from Vehicle Service Fund---501-193-5-322-00 1,326.88 C & E HYDRAULICS, INC. Blanket P.O. #86458 for Vehicle Service - 1Remanufactured 4 stage high compaction push out cylinder. Pay from Vehicle Service Fund---501-193-5-432-00 1,958.10 THE CENTER FOR FAMILY SERVICES Employee Assistance Program 2/1/91. Pay from General Fund---001-135-5-482-00 1,435.00 CR2M HILL Professional services for period 12/25/90 to 1/24/91 Task Orders - See attached breakdown. Pay from Utility Capital Improve.---404-000-0-690-10 35,694.18 LENORA T. CONLEY/ELIOT M. BADER, ATTORNEY ti~,~00,00 Settlement for injuries sustained in auto accident on 6/18/89 with Police vehicle. Pay from Self Insurance Fund---622-195-5-440-01 DAVIS WATER & WASTE IND., INC. Blanket P.O. #85970 - Air Scrubber Rental for Odor Control Program. Pay from Water & Sewer Rev---401-352-5-499-00 3,779.68 DELI{AY AWNING, INC. 2 Freestanding Awnings including installation at Racquet Center. Pay from Public Svs. Tax Constr.---301-721-5-642-03 Best of 3 written quoted, Con~nission approved 12/14/90 1,080.00 DICTAPHONE Twelve month maintenance (4/1/91 thru 4/1/92) for Dictaphone Logging System - $5223.00, 64 Logging Tapes - $3180.80 and 1 Ten minute All-In One Digital Call Check - $3717.00. All items reimbursable from County (911 Surcharge) Pay from General Fund 12,392.80 ELKINS CONSTRUCTORS, INC. Blanket P.O. #84255 - Periodic Est. #8 - Improvements to Boynton Bch. E. Water Treatment Plant for period 1/16/91 to 2/15/91. Per bid 4/3/90, Commission approved 4/17/90 Pay from Utility Capital Improve.---404-000-0-690-10 278,185.15 11. 12. 13. 14. 15. 16. HI-TECH ASSISTANCE CORP. Blanket P.O. #85498 for Annual PC Maintenance Contract for the period of 3/30/91 thru 6/30/91. Per bid 8/8/90, Commission approved 9/5/90 Pay from various funds. HYDRO PUMPS, INC, 1 Crown Submersible Well Turbine Pump and 1 Hitachi 30 Horse- power Submersible Motor. for Water Supply. Pay from Water & Sewer Rev---401-331-5-642-00 Best of 3 quotes IBM CORPORATION Blanket P.O. #85507 from Data Processing for various depart- ments annual maintenance AS/400 Computers for March. Pay from various funds. IBM CORPORATION Registration for Ann L. Katz and Linda Ewing - 1991 IBM AS/400 Technical conference in Orlando 5/6/91 to 5/10/91. Pay from General Fund---001-131-5-470-10 JOSIAS & GOREN, P.A. Statement for professional services rendered for February, 1991 - $7453.70; Woolbright Partners, et. al - $2179.98; Cook Construction - $725.35; PERC Unit Clarification - $60.70; DCA Comp. Plan - $231.45; IBFO Impasse Proceedings - $300.00; Seppala & Aho - $270.00; Greyhound Lines, Inc. -$9.18; Marie Traylor Arbitration - $120.00; Hampton Enterprises - $10.70. Pay from General Fund---001-141-5-461-00 M & L ROOFING Reroofing of 3 Relief Stations on Golf Course including 2 X 2 Copper Drip Edge on all 3 buildings. Pay from Golf Course---411-726-5-434-00 $3,000.00 " " " " 411-725-5-434-00 430.00 Best of 3 quotes METROPOLITAN DADE COUNTY 120 Law Enforcement Handbooks(1991) for Police Dept. Pay from General Fund---001-211-5-399-00 1~. MIDWEST COMMUINICATIONS CORP. 1 Sony Security Video Printer and 2 Sony Security Thermal paper for Printer. This equipment is part of the Video Surveillance System that was purchased 3/20/90. Pay from Miscellaneous Trust Fund---601-000-1-691-20 PAGENET NETWORK OF FLORIDA, INC. 6 Bravo Pagers for Police Dept. Pay from General Fund---001-000-1-451-19 " " " " 001-211-5-399-00 $1100.00 109.70 5,442.25 2,979.00 1,223.16 1,990.00 11,361.06 3,430.00 1,170.00 1,278.00 1,209.70 20. 21. 22. 23. 24. 271. 29i. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS Utility Relocation Reimbursement Agreement Woolbright Road from Military Trail to Congress Ave. Pay from 1985 Construction Fund---409-000-0-690-10 10,495.00 PEROXIDATION SYSTEMS INC. Blanket P.O. #85986 - 50% Hydrogen Peroxide solution for corrosion and odor control program from 2/6/91 thru 2/13/91. Pay from Water & Sewer Rev---401-352-5-365-00 Commission approved contract. 23,985.00 SAL'S SPORT SHOP 115 pr. Black Franklin Gloves for Police . Pay from General Fund---001-21t-5-397-00 2,530.00 SF~kLAND CONTRACTORS, INC. P.O. #85692 for Ezell Hester Park Payment #2 for $37,601.39 and Rolling Green Park Payment #1 for $16,215.12. Pay from Public Svs. Tax Fund---301-721-5-640-30 $37601.39 " " " " " " 301-721-5-634-01 16215.12 Per bid 11/20/90, Commission approved 1/10/91 53,816.51 SHANNON CHEMICAL CORPORATION 200 (50#) bags Shan-No Corr Phospate for Water Plant. Pay from Water & Sewer Rev---401-332-5-365-00 Co-op Bid #050-401-90/VSG 7,034.00 SHELL OFFICE SYSTEMS 1 Russ Bassett Cabinet w/lock for VHS Video Cassettes for Library. Pay from General Fund---001-711-5-671-00 Best of 3 quotes 1,364.00 SOLID WASTE AUTHORITY OF PALM BEACH COUNTY For use of County Landfill for month of February, 1991. Pay from Sanitation Fund---431-341-5-490-01 113,352.33 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD 44,665.37 Inv. #90/91 392 Odor Abatement Proj - FPL & Fed. Express Doc. Inv. #90/91 393 Odor Abatement Proj - CDM,Gen Svs. during Constr. Inv. #90/91 387 Odor Abatement Proj - CDM Gen Svs. during Constr. Inv. #90/91 390 Odor Abatement Proj - CDM Resident Inspect. Svs. Inv. #90/91 395 Odor Abatement Proj - CDM Resident Inspect. Svs. Pay from 1985 Constr. Fund---409-000-0-691-20 SOUTH FLORIDA WATER MANAGEMENT DISTRICT Application for permits for West Water Treatment Plant. Pay from 1985 Constr. Fund---409-000-0-690-10 1,020.00 SOIrfHEASTERN MUNICIPAL SUPPLY Supplies for Water Distribution for controlling water In service lines. Pay from Water & Sewer Rev---401-333-5-651-00 4,416.00 30. 31. 32. 33. 34. 35. 36. STANDARD & POOR'S CORPORATION Library Investment Package Bound #5342568 (consists of NY Stock Exchange, American Exchange & Over the Counter Exchange). Pay from General Fund---001-711-5-661-00 SUNRISE FORD NEW HOLLAND OF OKEECHOBEE, INC. 1 Rhino Heavy-Duty Cutter for Golf Course. Pay from Golf Course Fund---411-726-5-680-08 Best of 3 quotes SUNSTATE METER & SUPPLY, INC. 200 1" Expansion Nuts for Water Distribution. Pay from Water & Sewer Rev---401-333-5-651-00 Bid #004-401-91 SYSCOM COMMUNICATIONS 1 Telephone Paging System for Fire Station 3. Pay from Public Svs. Tax Constr.---301-197-5-629-00 Per Bid #76-197-90/VSG, Commission approved 12/18/90 VAN WATERS & ROGERS, INC. Blanket P.O. #86040 for purchase of pesticides etc, for Golf Course. Pay from Golf Course Fund---411-726-5-361-00 LAWMEN'S AND SHOOTERS' SUPPLY INC. 75 Traffic Vests to replace old, worn equipment for Police Dept. Pay from General Fund---001-211-5-397-00 Best of 4 quotes PALM BEACH COUNTY MUNICIPAL LEAGUE Countywide Planning Council Special Project Assessment Pay from General Fund---001-194-5-450.07 1,235.00 2,527.34 1,410.00 2,298.50 1,661.20 1,121.25 1,525.00 These bills have been approved and verified by the department heads involved, checked and approved for payment. Grin c~-~e- D~rectLr I therefore recon~nend payment of these bills. Scott Miller, City Manager