Minutes 02-05-91MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
TUESDAY, FEBRUARY 5, 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 Commissioner Lillian
Artis.
AGENDA APPROVAL
Under NEW BUSINESS A., Mayor Moore added discussion on
Verbatim Minutes and Beach Decals.
Under ADMINISTRATIVE G., City Manager Miller added County-
wide Planning Council - District 3 Vacancy - City Nominee
for consideration. Also added was Effluent Reuse -
Discussion with Camp, Dresser & McKee, Inc. Mr. Miller
pointed out representatives would be present later in the
meeting to discuss this subject, otherwise the Commission
might choose to come back for a Special Commission meeting.
(Note, the topic of Effluent Reuse was never addressed
during the meeting.)
Vice Mayor Wische moved to approve the Agenda as amended.
Commissioner Weiner seconded the motion which carried 5-0.
ANNOUNCEMENTS
Proclamations
a) Variety Club's Old Newsboys' Day - February 14, 1991
b) PTA Month - February, 1991
c) Poppy Days - February 15 and 16, 1991
These Proclamations will be properly executed and distri-
buted to the appropriate parties.
Presentation
1. Award for Workers' Compensation Claims Reduction
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5~ 1991
Ed Hernandez, Loss Control Supervisor for Professional
Administrators presented the Commission with a Plaque com-
mending the City for its reduction in claims and frequency
of its workers' compensation losses during the 89/90 year.
The City's Safety Program has been very successful and has
helped increase safety awareness in the work place, thereby
reducing employee injuries. Mr. Hernandez hoped the City
would be able to find funds for safety equipment and safety
training aids. The investment will pay for itself in the
long run. The volunteer Safety Coordinators from various
City departments were recognized by Olivia McLean, Director
of Administration, for their contributions. John Guidry,
Director of Utilities and Bob Eichorst, Public Works
Director were commended as their labor intensive departments
saw the greatest decrease in workers' compensation injuries.
2. Presentation of Emergency Medical Dispatch Certificates
Craig Grabeel, Management Services Director presented
Emergency Medical Dispatch Certificates to Richard Frantzis,
Judy Gonzalez, Linda Muth, Elisa Rickett, Kim Williams and
Nicole Girardi for having recently passed the examination.
These dispatchers are trained to provide critical life-
saving assistance (such as CPR instructions) over the
telephone in an emergency situation. Also recognized were
Hugh McCaffrey, Communications Manager and Phyllis Dixon,
Dispatch Supervisor, for their role in this training
program.
3. Accept donation from Hunters Run Golf and Racquet Club
to Police and Fire Departments
As a token of the residents' appreciation for public ser-
vices provided, Leonard Bolton, President of Hunters Run
presented the Mayor with the following donations:
$1,000 to the Boynton Beach
Benevolent Fraternal Order of Police
$500 to the Boynton Beach Police
Reserve Account
$3,000 to the Boynton Beach Fire Dept.
Rescue Account ($1,500 Of which goes
to the Emergency Medical Service)
BIDS
ae
Construction of the deep injection well disposal system
for the West Water Treatment Plant - Consideration of
awarding bid to Youngquist Brothers, Inc. and authorizing
execution of contract -- Proposed Resolution No. R91-13
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
As outlined in John Guidry, Director of Utilities' memoran-
dum revision to %91-041, of the two respondents, Youngquist
Brothers, Inc. was the low bidder with a total price of
$2,098,650.00. The Utilties Dept. and CH2M Hill believed
this firm to be reputable and qualified to do the job. It
was recommended the bid be awarded to Youngquist Brothers,
Inc. and that the contract be awarded at the same time.
Vice Mayor Wische moved to accept the recommendation of the
City Manager. Commissioner DeLong seconded the motion which
carried 5-0.
City Attorney Cherof read proposed Resolution No. R91-13 by
caption only:
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF CONTRACT
TO CONSTRUCT A DEEP INJECTION WELL DISPOSAL SYSTEM FOR
THE WEST WATER TREATMENT PLANT~ AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE CONTRACT FOR CONSTRUCTION OF
THE DEEP INJECTION WELL DISPOSAL SYSTEM, WHICH IS
ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE."
Commissioner Weiner moved to adopt proposed Resolution No.
R91-13. Vice Mayor Wische seconded the motion which carried
5-0.
PUBLIC HEARING
None.
PUBLIC AUDIENCE
Mr. Michael Lyons, 5049 Ashley Lake Drive, Boynton Beach,
commented on the number of Boynton Beach residents who are
presently serving in the armed forces in the Persian Gulf
region. In view of the sacrifices being made by these per-
sons, Mr. Lyons asked the Commission to consider renaming
the Boynton Beach Civic Center to Boynton Beach Freedom
Hall. This action would show support for those serving at
the present time and also when they come home.
If there were no deed restrictions prohibiting the City from
doing something like this, the Mayor thought the suggestion
should be given serious consideration. The City Manager
indicated staff would look into it and report back at the
next Commission meeting.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
NEW BUSINESS
A.2. Public Input procedures at City Commission meetings
For informational purposes, the Mayor had provided the
Commissioners with a copy of a Sun-Sentinel article dated
January 20, 1991, which reported on limitations on public
speaking which are under study for Sunrise, Florida, City
Commission ~eetings. The Mayor believed Boynton Beach
should continue its research into the Ordinance which is
being adopted in Sunrise. Formal action would not be taken
at this meeting.
Mr. Norman Gregory, 644 S.W. 3rd Ave., Boynton Beach,
believed that problems of government have become complex and
nothing really works unless there is public participation.
In order to allow for greater public participation, it was
suggested that consideration be given to changing the dates
of the Commission meetings. Mr. Gregory recommended that
early in the week a Commission Workshop be held with staff
and interested citizens that may wish to participate. After
the Commission has basically solved many of the problems,
they could address the items at the regular Commission
meeting.
Henrietta Solomon, 230 N.E. 26th Ave., Boynton Beach, did
not believe public input should be suppressed, but £ather it
should be encouraged. She didn't think there was any reason
to change the system. Any problem that exists had been
caused by the Commission, in her opinion, not the citizens.
The Mayor didn't believe citizens had been suppressed during
the last two years. He stated the privilege of taking part
in deliberations had been abused. The podium has sometimes
been used for political purposes with speakers even
directing their remarks to the audience rather than the
Commission. Sometimes input is time consuming and not ger-
mane to the issues. This is a representative form of
government and the Commission is elected to deliberate and
to enact whatever is necessary to operate the government.
The Mayor knew of no other legislative body that allows what
goes on in Boynton Beach, once the Agenda items are being
deliberated by the Commission. The Mayor believed the
situation had gradually gotten out of hand.
The Mayor thought the City of Sunrise article was pertinent
as that City has experienced the same problem Boynton Beach
has experienced. That City enacted an Ordinance to limit
speakers addressing items on the Agenda to the Public
Audience segment. They are limited to a certain period of
time and then the Commission conducts its business. The
City Attorney was in the process of obtaining a copy of the
Attorney General's opinion in this regard.
4
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
Commissioner Weiner thought this was grass roots politics.
She stated this is the people's Chamber, not the
Commission's Chamber. To have citizens address items under
Public Audience with non-Agenda items is proper. They
should also be allowed to address Agenda items as they come
up and as the Commission begins its deliberations. This is
the place where citizens speak to their elected represen-
tatives and the citizens should be allowed to be heard.
Ms. Wilda Searcy, 402 N.E. 13th Avenue, Boynton Beach,
stated that despite the rain, Black Awareness Day wa~
enjoyed by the citizens. She asked that Sara Sims Park be
open over the weekends and on holidays so young people have
a place to gather. Ms. Searcy intended to meet with the
City Manager to discuss the possibility of setting up a
youth work program in the City. She hoped the City would
submit an HRS application for financial assistance with the
work program, before the March 1, 1991 deadline.
Mr. Richard Gram, Chairman of the Community Redevelopment
Advisory Board read his letter dated February 5, 1991 to the
Commission. The letter is on file in the City Clerk's
office. The letter referred to Mr. Gram's role on the CRAB
and on the previous CRA-Commercial. He referred to CRAB
advice which he felt had been ignored or responded to nega-
tively by the Commission on three occasions. Comments were
made about the CRAB request for a marketing consultant for
the CBD, a request to create additional of~-street parking
and the request to create a task force to work on the
Artistic Bridge concept. Mr. Gram submitted his resignation
to the Commission, as he believed his work was proving
fruitless. Later in the meeting, the Commission briefly
readdresses this topic and moves to formally accept this
resignation.
DEVELOPMENT PLANS
A. CONSENT AGENDA -
UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD
None.
B. NON-CONSENT AGENDA -
NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD
LEGAL
A. Ordinances
2nd Reading
- PUBLIC HEARING
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
Proposed Ordinance No. O91-5
Re: Adoption of National Electrical Code
1990 Edition with the Model Countywide Amendments
City Attorney Cherof read proposed Ordinance No. O91-5 by
caption only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5. BUILDINGS, ~
HOUSING AND CONSTRUCTION REGULATIONS. ARTICLE II.
ELECTRICITY. BY AMENDING SEC. 5-16. CODE ADOPTED. TO
PROVIDE FOR THE ADOPTION OF THE NATIONAL ELECTRICAL CODE,
1990 EDITION, TOGETHER WITH THE UNIFORM COUNTYWIDE
AMENDMENTS, AS AMENDED AND ATTACHED HERETO AS EXHIBIT
"A"; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF
CHAPTER 5 NOT SPECIFICALLY HEREIN AMENDED SHALL REMAIN IN
FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED: PROVIDING
FOR SEVERABILITY; PROVIDING A CONFLICTS CLAUSE; PROVIDING
AUTHORITY TO CODIFY; 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.
Commissioner Weiner moved to adopt proposed Ordinance No.
091-5 on second and final reading. Vice Mayor Wische
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
1. Proposed Ordinance No. 091-6
Re: Amend Section 2.5-4 of Alarm System Ordinance
City Attorney Cherof read proposed Ordinance No. 091-6 by
caption only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2.5 ALARM
SYSTEMS, BY DELETING SECTION 2.5-4. (6), ENTITLED
"APPLICATION FOR PERMIT", OF THE CODE OF ORDINANCES OF
THE CITY OF BOYNTON BEACH, FLORIDA IN ITS ENTIRETY AND
CREATING A NEW SECTION 2.5-4 (6); PROVIDING THAT EACH AND
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
EVERY OTHER PROVISION OF CHAPTER 2.5 ALARM SYSTEMS SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED;
PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE'; PROVIDING AUTHORITY TO CODIFY; AND
PROVIDING AN EFFECTIVE DATE."
Vice Mayor Wische moved to adopt proposed Ordinance No.
091-6 on first reading. Commissioner Weiner seconded the
motion and a roll call vote was taken by Sue Kruse, City
Clerk as ~ollows:
Commissioner Artis - Aye
Commissioner DeLong - Aye
Commissioner Weiner - Aye
Mayor Moore - Aye
Vice Mayor Wische - Aye
Motion carried 5-0.
2. Proposed Ordinance No. 091-7
Re: Amending Chapter 24 - Taxicabs, reference
liability insurance value requirements
City Attorney Cherof read proposed Ordinance No. 091-7 by
caption only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 24 TAXICABS; BY
DELETING SECTION 24-8. ESTABLISHING NEW POLICY VALUES FOR
BODILY INJURY TO ANY ONE (1) PERSON; AND FOR MORE THAN
(1) PERSON SUSTAINING INJURIES IN THE SAME ACCIDENT, AND
PROPERTY DAMAGE RESULTING FROM ANY ONE (1) ACCIDENT,
UNDER ONE COMBINED SINGLE LIMIT. ESTABLISHING
REQUIREMENTS FOR A COPY OF SAID LIABILITY INSURANCE
POLICY TO BE FILED IN THE OFFICE OF THE CITY'S
OCCUPATIONAL LICENSE ADMINISTRATOR; PROVIDING THAT EACH
AND EVERY OTHER SECTION OF CHAPTER 24, NOT SPECIFICALLY
AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ENACTED; PROVIDING A CONFLICT CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO
CODIFY; AND PROVIDING AN EFFECTIVE DATE."
Vice Mayor Wische moved to adopt proposed Ordinance No.
091-7 on first reading. Commissioner DeLong seconded the
motion and a roll call vote was taken by Sue Kruse, City
Clerk as follows:
Commissioner DeLong - Aye
Commissioner Weiner - Aye
Mayor Moore - Aye
7
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
Vice Mayor Wische -
Commissioner Artis -
Aye
Aye
Motion carried 5-0.
3. Proposed Ordinance No. 091-8
Re: Motorboat and Jet Ski/Noise Disturbance
City Attorney Cherof read proposed ordinance No. O91-8 by
caption only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA AMENDING SECTION 15-8, NOISE
CONTROL BY SPECIFICALLY AMENDING SECTION 15-8.2
DEFINITIONS, AND CREATING A NEW SECTION 15-8.5(b)(8) OF
THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH,
FLORIDA TO SPECIFICALLY INCLUDE JET SKIS IN THE
DEFINITION OF MOTORBOAT AND TO PROHIBIT MOTORBOATS FROM
OPERATING AT A NOISE LEVEL WHICH CREATES A NOISE
DISTURBANCE AS DESCRIBED IN SECTION 15-8 OF THE CODE OF
ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA,
PROVIDING FOR A CONFLICTS CLAUSE;'PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND
PROVIDING AN EFFECTIVE DATE."
Ms. Connie Pinis, 1820 New Palm Way, %407, Boynton Beach,
thanked the City administration for working towards thiu
ordinance. Her main concern was that it be enforced. She
sought assurance that patrolling officers will get out of
their cars and either cite or remind people. She asked the
City Attorney about enforcement. Attorney Cherof believed
this Ordinance, coupled with the following Ordinance on the
Agenda (proposed Ordinance No. 091-9), will address the
issues and result in an enforceable series of provisions in
the Code. The City intends to enforce these through Court
proceedings, if necessary.
Commissioner Weiner moved to adopt proposed Ordinance No.
091-8 on first reading. Vice Mayor Wische seconded the
motion and a roll call vote was taken by Sue Kruse, City
Clerk as follows:
Commissioner Weiner - Aye
Mayor Moore - Aye
Vice Mayor Wische - Aye
Commissioner Artis - Aye
Commissioner DeLong - Aye
Motion carried 5-0.
4. Proposed Ordinance No. O91-9
Re: Watercraft fueling/refueling at Public Beach and Park
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
City Attorney Cherof read proposed Ordinance No. O91-9 by
caption only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING SECTION 16-94.5 OF THE
CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA,
TO PROHIBIT THE FUELING OR REFUELING OF WATER CRAFTS AT
ANY PUBLIC BEACH OR PARK; PROVIDING A CONFLICTS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE: PROVIDING AUTHORITY TO
CODIFY; AND PROVIDING AN EFFECTIVE DATE."
vice Mayor Wische moved to adopt proposed Ordinance No.
O91-9 on first reading. Commissioner Weiner seconded the
motion and a roll Call vote was taken by Sue Kruse, City
Clerk as follows:
Mayor Moore - Aye
Vice Mayor Wische - Aye
Commissioner Artis - Aye
Commissioner DeLong - Aye
Commissioner Weiner - Aye
Motion carried 5-0.
C. Resolutions
The Commission didn't have any problem with the following
seven Resolutions and agreed to address them with one
motion. The captions to the Resolutions are provided for
informational purposes.
Proposed Resolution No. R91-14
Re: Recycling Grant Allocation from the
Solid Waste Authority - Offer & Acceptance
"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 RECYCLING AND
EDUCATION GRANT AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH, FLORIDA AND SOLID WASTE AUTHORITY OF PALM BEACH
COUNTY, ACTING BY AND THROUGH THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION; A COPY OF SAID
AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A": AND
PROVIDING AN EFFECTIVE DATE."
2. Proposed Resolution No. R91-15
Re: Bond Release Hypoluxo Medical Complex
"A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA
APPROVING THE RELEASE OF SURETY FOR CONSTRUCTING WATER
AND SEWER SYSTEM IMPROVEMENTS FOR HYPOLUXO MEDICAL
COMPLEX (A.K.A. HYPOLUXO ASSOCIATES)."
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
Proposed Resolution No. R91-16
Re: Water Service Agreement - Gonzalez and
Cristina Ponte - Tropical Terrace Subdivision
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE A WATER SERVICE
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND NELSON
GONZALEZ AND CRISTINA PONTE; A COPY OF SAID AGREEMENT
BEING ATTACHED HERETO AS EXHIBIT "A"~ AND PROVIDING AN
EFFECTIVE DATE."
Proposed Resolution No. R91-17
Re: Renewal of Little League (Baseball) Agreement
with Boynton Beach Little League, Inc.
e
"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 TH~ CITY OF BOYNTON BEACH, FLORIDA AND BOYNTON
BEACH LITTLE LEAGUE, INC; A COPY OF SAID AGREEMENT BEING
ATTACHED HERETO AS EXHIBIT "A"; ~ND PROVIDING AN
EFFECTIVE DATE."
Proposed Resolution No. R91-20
Re: Approve agreement with Badger Meter,
for Automated Meter Reading Program
Inc.
"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 AUTOMATIC METER
READING UTILITY METER MANAGEMENT SYSTEM BLANKET RENTAL
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND
BADGER METER, INC.; A COPY OF SAID AGREEMENT BEING
ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE."
Proposed Resolution No. R91-22
Re: Approve agreement with George W. Fowler Company,
for Shop Acetylene Torch Tank (Cylinder)
"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 CYLINDER LEASE
AGREEMENT FOR THE RENTAL OF ACETYLENE & OXYGEN CYLINDERS
BETWEEN THE CITY OF BOYNTON BEACH AND GEORGE W. FOWLER
CO., INC, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO
AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE."
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
10.
Proposed Resolution No. R91-23
Re: Approve agreement between Gee & Jenson and City of
Boynton Beach for engineering services and designing
infrastructure improvements for CDBG-Funded Project
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON B~ACH, FLORIDA, AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND GEE AND
JENSON TO PROVIDE FOR PRELIMINARY DESIGN PHASE, FINAL
DESIGN PHASE, AND BIDDING/AWARD PHASE OF THE CDBG-FUNDED
PROJECT; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO
AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE."
Commissioner Weiner moved to adopt Resolutions 1, 2, 3, 4,
7, 9 and 10, as shown on the Agenda. Vice Mayor Wische
seconded the motion which carried 5-0.
Proposed Resolution No. R91-18
Re: Land Purchase South of East Water Plant,
Woolbright and Seacrest Blvd.
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, DETERMINING THE NECESSITY TO
ACQUIRE BY VOLUNTARY CONVEYANCE THE FEE SIMPLE TITLE TO A
7.87 TRACT OF LAND (TRACT) CONSISTING OF A 6.3 ACRE
PARCEL OF REAL PROPERTY (PARCEL "A") OWNED BY MR. ROBERT
J. ROSE AND ROBERT J. ROSE, JR., AND A 1.24 ACRE PARCEL
OF REAL PROPERTY (PARCEL "B") OWNED BY MR. GENE MOORE III
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;
AUTHORIZING THE CITY MANAGER AND STAFF TO NEGOTIATE AND
BRING BACK FOR CITY COMMISSION APPROVAL PURCHASE AND SALE
CONTRACTS FOR THE TRACT; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE."
Ms. Stella Rossi, 625 Whispering Pines Rd., Boynton Beach,
spoke on behalf of the Coalition for Wilderness Islands.
Ms. Rossi pointed out this site is Florida scrub and low
hammock which is rare in the City. Endangered scrub jays
have been documented on the site going back many years. One
pair of the birds are permanent residents on the site.
Boynton Beach is the southernmost point of these birds'
existence today. Ms. Rossi noted that one of our goals in
the Comprehensive Plan is to protect Florida native eco-
systems and their inhabitants. Scrub as it exists on this
site, could be protected when shared with the City's future
water facility expansion, if proper planning takes place.
Both can be accommodated. Ms. Rossi requested 1) On sen-
sitive sites, the Coalition and concerned citizens be
included at the beginning of the planning process. 2) The
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
City needs to have reliable, biological advice to best pro-
vide for the species on this scrub. The water facility can
be a show place, if the structures are properly placed among
the natural areas, utilizing native foliage that exists.
City Manager Miller pointed out the City does not have a
specific footprint for the site yet. Ms. Rossi was asked to
serve as a representative planner to help the Utilities
Dept. in planning the site in the initial stages, so various
features of this environmentally sensitive site may be pre-
served.
Lynne Matson, 1 West Chesterfield Drive, Boynton Beach,
pointed out that many financial institutions will not lend
money or insure money for the purchase of lands unless an
environmental audit has been performed. In phase one, a
visual and historical audit is performed. During the second
phase, soil and water sampling takes place. Because of the
proximity of this site to the water treatment plant, Mrs.
Matson believed it prudent to have this done.
John Guidry, Utilities Director, stated the City has known
about this site for some time and it is part of the Master
Plan. The City is cognizant of the environmental issues.
Mr. Guidry agreed an assessment needs to be made, however,
he couldn't recommend spending the money up front, without
institutional ownership of the property. Mr. Guidry
believed Mrs. Matson was referring to a "take off inventory"
which would be preliminary to looking at the whole site.
W~nile he was looking at 7.83 acres on the south segment, Mr.
Guidry pointed out he has an 8 acre tract that he's
"sitting" on now. He has to address storm water across the
whole spectrum. He had just received Geraghty & Miller's
final report on sea water intrusion. Sea water intrusion is
a significant issue that will be addressed in the storm
water utility development scenario. At the same time, the
City can do the storm water and in addressing-the total
site, they would address the environmental "design around"
concerns.
The Mayor pointed out this had been on the drawing board in
the Master Plan for expansion of the plant for a number of
years. He believed that in the appraisals obtained, main-
tenance and preservation of. any type of ecological problems
were taken into consideration. Mr. Guidry responded that
was correct. The Mayor was familiar with the history of the
site and he didn't think there had ever been any manufac-
turing there or anything that would have resulted in dumping
on the site. The Mayor and Mr. Guidry indicated that before
the land is utilized, the recommended studies will be con-
ducted.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
Vice Mayor Wische moved to adopt Resolution No. R91-18.
Commissioner DeLong seconded the motion which carried 4-0.
Mayor Moore abstained from the vote. Memorandum of Voting
Conflict is on file in the City Clerk's office.
Proposed Resolution No. R91-19
Re: Approve agreement with Stanley Consultants of
Florida, Inc. for Construction Management Services for
the 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 CONTRACT BETWEEN THE CITY OF
BOYNTON BEACH AND STANLEY CONSULTANTS FOR CONSTRUCTION
MANAGEMENT SERVICES AT THE WEST WATER TREATMENT PLANT,
WHICH IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE."
Commissioner Weiner commented on the interviewing process
that had taken place. The Vice Mayor had asked both appli-
cants the same questions at the end of their presentations.
Commissioner Weiner believed Stanley Consultants answered
about four of the questions wrong and yet the vote was 4-1
in favor of Stanley Consultants. In view of the facts, she
intended to vote against this Resolution.
Vice Mayor Wische moved to approve Resolution No. R91-19.
Commissioner DeLong seconded the motion which carried 4-1.
Commissioner Weiner cast the dissenting vote.
Proposed Resolution No. R91-21
Re: Adopting a Company of the United States Armed
Services (Requested by Commissioner "Sam" DeLong)
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, ADOPTING A COMPANY OF THE UNITED
STATES ARMED SERVICES; PROVIDING AN EFFECTIVE DATE."
Commissioner DeLong stated that upon adoption of this
Resolution, Boynton Beach will be the first City in the
State to officially adopt a unit in the Persian Gulf. A
special rally is being planned with sunrise services at the
beach, including a "fly by" of World War II planes and
patriotic music. The unit adopted by the City is the United
States Army's 101st Airborne Division (The Screaming
Eagles). We have been assigned Company D from the 327th
Anti-Armor Infantry Unit.
Vice Mayor Wische moved to adopt Resolution No. R91-21.
Commissioner Artis seconded the motion which carried 5-0.
13
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
Other
None.
OLD BUSINESS
A. Modification to the Sign Amortization Schedule
(Section 21-32 of new Sign Ordinance adopted 1/15/91)
Chris Cutro, Planning Director's memorandum No. 91-025 sums
up changes that could be made in connection with amor-
tization of nonconforming signs. Relative to signs for
public uses, these could be included with shopping centers
and that category extended to cover public uses.
The following amortization language options were offered for
consideration:
1. Any free-standing sign which exceeds the height limita-
tions specified in the article by not more than 20% shall
be considered as conforming to this section.
2. Any wall or free-standing sign which exceeds the size
limitation specified by this article by not more than 20%
shall be considered as conforming to this section.
3. Any free-standing sign which does not meet the setback
requirements of this article and does not create site
distance violations, shall be considered as conforming to
this section.
Don Jaeger, Building Official, reported the figures obtained
in a recent study. There would be 160 total free-standing
signs that would be nonconforming the way the Ordinance is
presently. If the setback is removed, that will eliminate
82 of the signs, leaving 78. The way it is written now
would further decrease that by 33, leaving a remainder of
45. 30 of the 45 would be non-conforming because of the
height being over 24' The Bethesda Hospital sign as pro-
posed by the Planning Dept. would become non-conforming, but
it would be allowed.
Discussion ensued. The Mayor recommended that staff draft
these amendments which would eliminate most of the objec-
tions raised by the public. The amendment could be brought
back for the Commission's consideration and a Public Hearing
held.
Mr. Jaeger clarified that the way the amendment is proposed,
45 signs out of the 160 would have to be removed within five
years. Commissioner Weiner pointed out the Commission
wanted to make the City look better. That is the whole
idea. These steps would wipe away what the original intent
14
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
was. It seemed the Commission was going back to "square
one."
Mr. Cutro pointed out the Planning Dept. stood by its origi-
nal recommendation of a five year amortization for all non-
conforming signs. It had appeared that some of the
Commissioners wished to go in another direction, therefore
staff had provided several options for consideration. The
City Manager remarked that the Commission didn't have to go
with all three points, nor would they have to go with the
20%.
Vice Mayor Wische moved to authorize staff to proceed to
implement these recommendations and to bring this forward
after Public Hearing for consideration for adoption by the
Commission, (all or any part of it). Commissioner Artis
seconded the motion which carried 4-1. Commissioner Weiner
cast the dissenting vote.
NEW BUSINESS
A. Items for discussion requested by Mayor Gene Moore
1. Municipal Code Corporation reference
Planning & Zoning Board Members
Mayor Moore explained the procedure where Commission
approved Ordinances are periodically sent to Municipal Code
Corporation for "codification." The "guts" of the
Ordinances are extracted and retyped for the Code books.
The City is provided 100 copies to supplement existing Code
books. The Mayor referred to an error that had come to his
attention involving this process. Remarks were made about
how much this can cost the City during the course of the
year. The Mayor believed the City Clerk's office has the
capability of handling this and then having the supplements
printed up.
City Manager Miller indicated in-depth study of in-house
capability had not taken place on this topic but it could be
done.
Mayor Moore referred to an error which had occurred in con-
nection with codification of Ordinance No. 77-5. The error
is reflected in Chapter 19-2 of the Code. The language
ended up in direct conflict with the Ordinance that was
passed. The Mayor asked if this could now be corrected.
City Attorney Cherof responded it could probably be
corrected by Ordinance. The Code ends up superceding the
actual Ordinance itself and in this particular case the
codification was in error and does not track the language in
the original Ordinance.
15
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
Maurice Rosenstock, Chairman of the Planning & Zoning Board,
was concerned about the interpretation of what they propos=d
to do. The Mayor stated the intent of Ordinance No. 77-5
was clearly to thwart and defeat it. The Mayor stated it
was clearly intended that a number of boards would be
established to serve at the pleasure of the Commission,
including the members of those boards. Mr. Rosenstock
pointed out that for at least two of the boards, the
language reads, "the City Commission shall have power to
remove any member of the board for cause." The Mayor
responded that was the error of the Municipal Code
Corporation, which error is obvious when you examine the
Ordinance adopted.
If an error was made, Mr. Rosenstock expressed concern over
the number of years that have elapsed since 1977. There
were remarks about whether the language had gained stature
because of the passage of so many years. The Mayor indi-
cated it could be corrected. Mr. Rosenstock was interested
in proof of that point. The Mayor encouraged Mr. Rosenstock
to examine a copy of Ordinance No. 77-5.
2. Public Input procedures at City Commission meetings
This was discussed earlier in the meeting.
3. Update on Chapter 19
The Mayor was interested in where this project stands and
whether anything will be done within the next two months.
He believed there were critical, archaic points that needed
to be addressed in Chapter 19. The Mayor asked the
Commissioners if they thought perhaps this should be put
back on "the front burner" again.
City Manager Miller commented that the Sign Ordinance and
some of the development plans had recently taken higher
priority. Mr. Miller indicated he could ask Mr. Cutro to
"put this on the front burner" if the Commission desired.
The Commissioners agreed work on this project should
resume.
4. Verbatim Minutes
Mayor Moore noted that every now and then verbatim Minutes
are requested by City Commissioners. He sometimes found the
purpose of the requests difficult to decipher. If any indi-
vidual Commissioner asks for verbatim Minutes, he believed
the Commissioner should pay for them.
There was discussion with Commissioner Weiner on the reason
for a recent request she had made. Commissioner Weiner
16
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
stated she had been insulted as a sitting Commissioner by a
man who identified himself as a member of the Board of
Directors of the Dick Webber Child Abuse Center.
Commissioner Weiner wanted to bring the matter up with the
rest of the Board of the Child Abuse Center as she wanted to
know if the opinion expressed was the opinion of the Board
itself or was it one person's opinion. The only way this
could be done was by obtaining a verbatim transcript.
Commissioner Weiner indicated she had no problem with
Commissioners having to pay for verbatim transcripts they
might request. Vice Mayor Wische agreed Commissioners
should pay for such transcripts.
City Manager Miller interjected the City no longer provides
verbatim Minutes to residents. The City does not have the
staff to handle it. If people desire the information,
duplicated tapes are made available for a small charge.
Other than that, regular Minutes are prepared. The Mayor
thought if verbatim transcripts are not made available to
the public, then they shouldn't be prepared for
Commissioners unless they are charged. The duplicated tapes
can be taken to a public stenographer for transcription, if
necessary.
Discussion took place about a large mailing that had taken
place. Commissioner Weiner indicated she had done research
before the Childrens Task Force began their work. She per-
sonally paid for all the information received and the
postage required for that mailing. Later on a different
mailing occurred, involving about 100 envelopes mailed out
at a cost of $1.65 each. Commissioner Weiner indicated she
did not pay for the second mailing as the Task Force was not
her Task Force but was a City Task Force approved by the
Commission.
5. Beach Decals
The Mayor initiated discussion about the possibility of
selling Beach Decals to residents that live outside the City
limits for $50 each. This would help raise needed revenue
for the City.
Commissioner Weiner moved that staff look into charging $50
for Beach Decals to residents in the reserve annexation
area, for six months "out of season." It should be limited
to 100 or 150 to start with. She did not want to burden the
beach parking lot to the disservice of Boynton Beach resi-
dents.
Discussion took place with Charles Frederick, Recreation &
Parks Director, about the number of decals issued annually.
17
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
Vice Mayor Wische made remarks comparing population during
season with off-season. Mr. Frederick indicated that out of
peak season, on weekdays, the parking lot is rarely filled
over 75% capacity. On weekends it is nearly full.
Commissioner Weiner amended her motion to the effect that
this would be for weekdays only.
Discussion took place between the City Manager and Mr.
Frederick about policing this change. Mr. Frederick thought
it would have to be a different decal, of a different color,
which would indicate it was good Monday through Friday only.
The City Manager asked why limit it to 100 if it was going
to be for weekdays only. Mr. Frederick believed they could
possibly go up to about 300. He indicated he would review
his records and provide a recommendation.
Commissioner Artis moved
information is available.
motion which carried 5-0.
to table this item until more
Vice Mayor Wische seconded the
B. Items for discussion requested by
Commissioner Arline Weiner
1. Request ~or Minutes of Meetings
Commissioner Weiner commented on the need for the
Commissioners to receive copies of Minutes from the
Countywide Planning Council meetings and Minutes from the
Metropolitan Planning Organization meetings. Discussion
ensued. Commissioner Weiner moved that the City Manager's
staff contact the appropriate parties to make sure the City
Manager's office is notified whenever a meeting is held and
also that copies of all Minutes are sent to this Commission.
With this arrangement, the Commission will receive copies
even if the City's representative is absent. Commissioner
DeLong seconded the motion which carried 5-0.
2. Appointment o~ a volunteer citizen
for an Advisory Committee - South Central
Regional Wastewater Treatment and Disposal Board
Commissioner Weiner reported on discussion that had taken
place at a recent SCRWTD Board meeting about establishing an
Advisory Committee to the SCRWTD Board. Among the people to
be included on the new Committee are the City Managers, City
Attorneys and Utilities Directors from the two cities as
well as one layman from each city.
Commissioner Weiner recommended that the Commission choose
Mr. Larry Lamont to serve as Boynton Beach's volunteer
18
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
citizen to the Committee. Vice Mayor Wische agreed Mr.
Lamont would be a good choice.
The Mayor asked what the function of the new Committee would
be. Mr. Miller responded they would be meeting to establish
the Committee's parameters and responsibilities. The Mayor
wondered why the Committee was being created before they
even knew what they were supposed to be doing. Discussion
took place among the Commissioners. Mr. Miller thought the
new Committee would be a vehicle to sit down and discuss
upcoming matters and to provide input from staff members,
prior to the regular quarterly meetings.
Commissioner Weiner moved to appoint Mr. Larry Lamont to the
Advisory Board of the SCRWTD Board. Vice Mayor Wische
seconded the motion which carried 4-1. Mayor Moore cast the
dissenting vote.
3. Task Force on the Elderly
Commissioner Weiner stated she had proposed months ago that
as soon as the work of the Task Force on Children and Youth
was complete, she would use the same format to form a Task
Force on the Elderly. She asked that Talent Bank forms be
submitted from persons who would like to serve on the board
which would investigate the unmet needs of elderly people in
this City.
Commissioner Weiner moved that the City Attorney draft such
a Resolution. The motion died for lack of a second.
Consideration of approval -
Certificate of Public Convenience and Necessity -
Dale Decker d/b/a/Emerald Limousine
Mr. Dale Decker applied for a Certificate of Public
Convenience and Necessity to operate Emerald Limousine from
his home address. Don Jaeger, Building Official's memoran-
dum No. 91-29 outlines details of this application. City
Attorney Cherof recommended approval as the criteria set in
the Code had been met.
Vice Mayor Wische moved to approve the application.
Commissioner Artis seconded the motion which carried 5-0.
CITY MANAGER'S REPORT
Status of Construction Projects
Relative to Congress Ave. Park, Mr. Miller reported all work
is complete. The contractor is closing out the documents
19
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
for final payment. A ribbon cutting ceremony will be held
on Thursday, February 7, 1991.
On Fire Station ~3, the final Certificate of Occupancy and
inspection will be held on Wednesday morning, February 6,
1991. We will be moving in within the next week to ten days
and the Station will then become operational.
The survey and layout work is progressing on Ezell Hester
Park. Clearing should start this week.
Conceptual plans have been done with Gee & Jenson relative
to the 6,500 sq. ft. (approximate) expansion of the Civic
Center.
Resignation of CRAB Chairman
Earlier in the meeting (under Public Audience), Mr. Richard
Gram resigned from his position as Chairman of the Community
Redevelopment Advisory Board.
With great regret, Commissioner Weiner moved to accept the
resignation. Vice Mayor Wische seconded the motion which
carried 5-0. Mr. Gram was commended for his dedicated ser-
vice.
ADMINISTRATIVE
A. Set date for Special Commission Meeting to Read Election
Proclamation and Accept Candidates' Nominating Petitions
The Commission agreed to schedule this Special Commission
meeting for Tuesday, February 12, 1991 at 5:00 P.M.
B. Consider appointing two alternate members to the
Building Board of Adjustment and Appeals Board -
One Year Terms to expire April, 1992
Apmts. to be made by Commissioners DeLong and Artis
Commissioner DeLong and Commissioner Artis asked that these
appointments be tabled for the time being.
C. Change Order ~4 - East Water Treatment Plant Improvements
- Elkins Constructors, Inc.
As indicated in John Guidry, Director of Utilities memoran-
dum 991-023 to the City Manager, it was recommended that
Change Order ~4 in the amount of $2,203.57 be approved.
Vice Mayor Wische moved to approve Change Order ~4.
Commissioner DeLong seconded the motion which carried 5-0.
2O
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
D. Request approval of plans for landscaping
of medians on Boynton Beach Blvd.
As explained in Johnnetta Broomfield, Director of Community
Improvement's memorandum ~91-010 to the City Commission,
approval is recommended of plans for the development of
three new medians on Boynton Beach Blvd., east of 1-95, west
of Seacrest Blvd., and the landscaping of two existing
medians on the east and west of the 1-95 interchange as well
as landscaping of the existing grassy knoll area immediately
west of the Holiday Inn.
Commissioner Weiner moved to approve this request.
Mayor Wische seconded the motion which carried 5-0.
E. Proposed Amendments to Standard Plumbing Code
for Water Conservation Measures
Vice
Certain modifications to the Model Countywide Amendments to
the Standard Plumbing Code, 1988 Edition are recommended in
Don Jaeger, Building Official's memorandum No. 91-33 to the
City Manager with its attachments.
Vice Mayor Wische moved to put this in Ordinance form.
Commissioner Weiner seconded the motion which carried 5-0.
F. Approve Change Order No. 3 - Project Close Out
Congress Avenue Park
As explained in Bill DeBeck, Project Manager's memorandum
~91-006 to the City Manager, this Change Order involves a
$2,343.46 credit to the City.
Vice Mayor Wische moved to approve Change Order No. 3.
Commissioner DeLong seconded the motion which carried 5-0.
G. Countywide Planning Council - District 3 Vacancy -
City Nominee for Consideration
City Manager Miller explained that the term of Mr. Ron
Ferris of Lantana, will expire in March, 1991. The Palm
Beach County Municipal League asked cities in District 3 to
forward a name for consideration at the February 13, 1991,
Board of Directors meeting.
The Commissioners agreed Commissioner Sam DeLong's name
should be submitted.
H. Effluent Reuse - Presentation by Camp, Dresser & McKee
This topic was not discussed.
21
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
1991
CONSENT AGENDA
A. Minutes
1. Regular City Commission Mtg. Minutes of January 15,
2. Special City Commission Mtg. Minutes of January 23, 1991
Special City Commission Mtg. Minutes of January 23, 1991
Re: Joint meeting between Community Appearance Board
and City Commission
4. City Commission Workshop Minutes of January 28, 1991
Bids - Recommend Approval - Ail expenditures are approved
in the 1990-91 Adopted Budget
Annual contract for safety clothing and equipment
The Tabulation Committee recommended awarding the bid to
Ritz Safety Equipment of Pompano Beach, Florida.
2. Annual requirements for polyphosphates for
Water Treatment Plant
The Purchasing Dept. recommended the Polyphosphate bid be
extended for one year with Shannon Chemical, Malvern, PA.,
under the same terms and conditions as the previous bid.
All pricing will remain the same.
3. G.A.L.A. Concession
The Tabulation Committee recommended awarding the bid to San
Francisco Puffs & Stuffs, Inc. of Ft. Lauderdale, Florida.
4. Printing quotations for 9 separate items
The Tabulation Committee recommended awarding the printing
quotation to the lowest quote per item as indicated on the
tabulation sheet in the amount of $2,434.24.
C. Consider purchase of one
Ford tractor for the Parks Division
As outlined in John Wildner, Parks Superintendent's memoran-
dum ~90-631, the 1990-91 budget provides for the purchase of
a tractor to be used for mowing the old landfill property
located east of the Municipal Golf Course. The tractor will
be shared by the Parks Division and the Golf Course main-
tenance staff. The tractor will be purchased from Ford New
Holland, Tucker, Georgia. The total cost is $10,805.00.
22
MINUTES - REGULAR CITY COMMISSION MEETING
BOYlgTON BEACH, FLORIDA FEBRUARY 5, 1991
D. Renew contract with Hardrives for sale and removal of
lime sludge at Water Plant
The Purchasing Dept. requested that the bidding process be
waived and the contract with Hardrives, Inc. of Delray
Beach, Florida be extended for one year.
E. Piggyback bid from City of Lake Worth - Outdoor furniture
for City Hall (Capital Improvement Fund)
Commission approval is needed to purchase $7,551.86 worth of
Wausau concrete patio furniture for use at the Library, West
Wing, City Hall and the Fire and Police Depts.
F. Consider request for refund on Cemetery Lots 61 A & B,
Block N, Boynton Beach Memorial Park Addition ~1
Fred H. and Agnes L. Pulvermacher request a refund on ceme-
tery Lots 61 A & B, Block N, Boynton Beach Memorial Park
Addition 91, as they have purchased space in the Boynton
Beach Mausoleum.
G. Consider approval to continue remedial work on Well 916
As outlined in John Guidry, Utilities Director's memorandum
No. 91-034, it was requested that the bidding procedure be
waived in order to expedite repair of Well ~16 which has
experienced sand infiltration due to two holes in the well
screen. The repair will be handled by Meredith Corporation,
Orlando, Florida, at a total cost of $15,725.00.
H. Approve authorization to dispose of records
- Police Department
Records Destruction Request Form No. 4 had been approved by
the State Division of Archives. Commission approval was
needed to proceed with destruction of records from the
Police Dept.
I. Approval of Bills
See list attached to the original copy of these Minutes in
the City Clerk's office.
Relative to item 22 on the list of bills, a payment to
Josias & Goren~ Commissioner Weiner asked Attorney Cherof to
provide the Commission with a total-to-date bill on the
Woolbright Partners lawsuit. Mayor Moore noted a hearing
was scheduled for Monday morning, February 11, 1991 in con-
nection with Summary Judgment.
23
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991
Vice Mayor Wische moved to approve the Consent Agenda.
Commissioner Weiner seconded the motion which carried 5-0.
ADJOURNMENT
The meeting properly adjourned at 7:45~M.
Mayor
ATTEST:
~it~Clerk
Recording Secretary
(Two Tapes)
Commissioner
24
· FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME--FIRST NAME--MIDDLE NAME
NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COIQIMIT~EE
THE BOARD, CODNCIL. COMMISSION, AUTHORITY, OR COMMITrEE ON
WHICH [ SERVE IS A UNIT OF:
~/c'rrY ! i COUNTY ' OTHER I.OCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
MY POSITION IS: t~ ELECTIVE
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 laxv 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 taw 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 112.3143, FLORIDA STATUTES
ECTED 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 couflict:
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 holding 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 ageucy) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature 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~'-~-E VOTE WILL BE TAKEN:
~ ,u should complete and file this form (before making any attempt to influence the decision) with the person responsible for
-,.~zording the minutes of the meetiHg, who will incorporate the form in the minutes.
· ~ copy of the forr~ should be provided immediately to the other members of the agency.
· The form should bf 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 INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally the nature of your conflicl 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 minT~
of the meeting, who should incorporate the form in tile minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or ,:
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 l'am retained.
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317.{1985), A FAILURE TO MAKE AN~r REQUIIk~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 2
o
3o
XI.
AGENDA
FEBRUARY 5, 1991
ABBA EQUIPMENT, INC.
14 shelving units to be placed in the warehouse
for added shelving to stock items.
Pay from Warehouse Fund- 502-199-5-318-00
ABLE LAWNMOWER SALES & SERVICE, INC.
Equipment Replacement: 1 Edger, 4 Blowers, and
1 Trimmer.
These machines were ordered through State Contract
P.O. #86289.
Pay from General Fund- 001-722-5-641-00
ALLIED LIME
Quick lime deliveries for chemical softening
for December. Invoice # 7844- $7,128.91;
#7504- $4,518.57; #7813- $2,094.44.
Pay from Water & Sewer Revenue Fund- 401-332-5-365-00
ANDERSON & CARR, INC.
For appraisal services for RJ Rose, Gene Moore III and
Aircraft Products Co. 3 parcels adjacent to Water
Treatment Plant and 1 parcel at Mission Hill Rd. and
the E-4 Canal. Per Proposal dated: 8/21/90.
Pay from Utility Capital Impr Fund- 404-000-0-690-10
BP OIL COMPANY
Fuel for City Fleet, Water Plant Generators, Lift
Station Generators(s), Golf Course Equipment...
Pay from Water & Sewer Revenue Fund-
401-331-5-417-00:
401-332-5-417-00:
401-352-5-417-00:
Pay from'Vehicle Service Fund-
501-193-5-321-00:
280.14
1,522.71
1,483.26
22,656.12
BROOKS PRODUCTS, INC.
100- 37H 1" Meter Box & Cover (with hinged lid).
Pay from Water & Sewer Revenue Fund- 401-333-5-651-00
CAMEO SOFTWARE SOLUTIONS, INC.
Annual software Maintenance Fee 3/1/91- 2/28/92.
Invoice No. 7040.
Pay from General Fund- 001-133-5-430-09
CITY PUBLISHING COMPANY, INC.
1- West Palm Beach & Vicinity; 6- Palm Beach County
(2- Directories).
Pay from General Fund- 001-000-1-450-20
CONSENT AGENDA
I
cc: Util, Rec, Mgmt Serv
Finance
$ 2,495.78
1,285.75
13,741.92
4,500.00
25,942.23
2,180.00
5,700.00
1,063.11
COMMISSION
FEB
APPROVAL
10.
11.
12.
13.
14.
15.
16.
17.
THE CENTER FOR FAMILY SERVICES
Employee Assistance Program: December 1990-
January 1991.
Pay from General Fund- 001-135-5-482-00
$ 2,688.00
CLUB CAR
2- 1991 4-Wheel DS Electric Model Club Car Ranger
Cars Replacing two Gas Club Car Ranger Golf Cars-
1984, selling to the South Central Regional Wastewater
Board for $650.00 each..
Pay from Golf Course Revenue Fund- 411-727-5-689-00
5,695.20
CUMMINS SOUTHEASTERN POWER, INC.. 10,309.47
Charges to complete additional testing on engine
sewage repump station..factory authorized service center
for this equipment (P.O. 85893); and Charges for generator
out of service, primary backup power supply for the
Utility Pumping Station.
Pay from Water & Sewer Revenue Fund- 401-352-5-433-00
DAVIS WATER & WASTE INDUSTRIES, INC.
Air Scrubber Rental as a part of the Odor Control
Program- Commission approved contract. P.O.# 85970.
Pay from Water & Sewer Revenue Fund- 401-352-5-499-00
3,750.00
DEVINE ENGINE & GENERATOR, INC.
Generac SG020 Generator System and Transfer Switch
installed with concrete pad. Project approved in Fiscal
Year 1989-90, Con~nunications Division Budget.
Commission approved 8/7/90; Bid Opening 7/10/90; as per
Bid Specifications #072-197-90/HBC.
Pay from General Fund- 001-197-5-690-05
15,650.00
EASTMAN KODAK COMPANY
November and December minimum billing, October usage
and November usage on model 70 copier in City Clerk's
office.
2,243.29
EMERGENCY VEHICLE FABRICATORS, INC.
1 Advanced Life Support Rescue Vehicle per
specifications of Bid #89-45 of Delray Beach.
Pay from Vehicle Service Fund- 501-193-5-689-00
63,625.00
ENVIRONMENTAL LANDSCAPING
Eastern Wellfield Modifications as directed by
Community Appearance Board.
Pay from Utility Capital Impr Fund- 404-000-0-690-10
4,412.00
FLORIDA SERVICE ENGINEERS, INC.
Replacement power supressor board for Robicon VFD
furnish & install, sole source.
Pay from Water & Sewer Revenue Fund- 401-352-5-433-00
2,074.00
COMMISSION
APPROVAL
18.
19.
20.
21.
22.
23.
24.
25.
26.
GEE & JENSON
Professional services for FEMA NFIP/CRS
Application for the period 12/1/90- 12/28/90.
Pay from Water & Sewer Revenue Fund- 401-392-5-462-00
$ 1,500.00
GEMAIRE DISTRIBUTORS, INC.
11~qGD 150 EK (RHEEM) AC EVAP. UNIT.
Emergency replace evap. unit Air Conditioner Civic
Center/ lobby front office E/W.
Pay from General Fund- 001-192-5-390.01
1,577.00
HYDRO PUMPS
4- 1HP Residential Grinder Pump Systems w/ Accessories
1- Standby tHP Grinder Pump w/ Guide Yolk. As per Bid
Specifications Bid ~t 008-401-90/VSMG.
Pay from Golf Course Revenue Fund- 411-726-5-680-09
7,132.50
IBM
Annual maintenance for AS/400 Computers. On Site
Maintenance for AS/400 Computer Equipment Main Frame.
Pay from various departments.
1,627.74
JOSIAS & GOREN 17,294.00
Services for December 1990- $7,135.95; EEOC matters-
$200.00; DCA Comp Plan- $179.10; Mrotek- $1,425.95; FLWAC
Appeal- $555.35; Woolbright Partners- $1,606.30; Tradewinds
Development- $850.00; PERC Unit Clarification- $140.00;
Impasse Proceedings- $450.00; Herig Arbitration- $4,461,35;
Southland Corporation, Inc.- $50.00; First Union Nat'l Bank
(Lien foreclosure)- $80.00; Parker, Levi & Parker (Counsel
Lien Foreclosure)- $80.00; Love (Lien Foreclosure)- $80.00.
Pay from General Fund- 001-141-5-461-00
KAWASAKI SUZUKI OF LAKE WALES 2,999.00
Budgeted All Terrain for safety & maintenance purposes
at Oceanfront Park. 1KLF-300B2 Kawasaki All Terrain Cycle.
Pay from Vehicle Service Fund- 501-193-5-681-00
MERIDITH CORPORATION
1- Televise Well No. 16 using Meredith's Pump and
Deep Venture's High Resolution Cameras to identify
the problem so a repair can be made.
Pay from W & S Utility Revenue Fund- 421-000-0-690-21
6,300.00
MOORE BUSINESS FORMS & SYSTEMS DIV.
200M Utility Bills used in sending monthly billing
for Utilty- Water & Sewer & garbage Service.
Pay from Water & Sewer Revenue Fund- 401-393-5-472-00
2,603.48
MOTOROLA INC.
2 Portable Radios for Meter Readers. Radios to be
modified to work with Utilities and Communications.
Pay from Water & Sewer Revenue Fund- 401-334-5-690-05
4,279.00
COMMiSSiON
APPROVAL
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
MUNICIPAL CODE CORPORATION
Invoice # 025675 Dated 12/17/90. 100 Copies of
Supplement No. 46 to the Boynton Beach Code of
Ordinances.
Pay from General Fund- 001-122-5-477-00
$ 4,165.18
N.M. INDUSTRIES
Beds/ lockers for new Firestation #3 for new
personnel.
Pay from Capital Improvement fund- 302-000-1-450-20
8,053.39
T~]Z NEWS
Legal Advertising for the month of December.
City Clerk/ Legal Ads- P&Z
Pay from General Fund- 001-122-5-470-13:$3,798.36
City Clerk/ Legal Ads- General
Pay from General Fund- 001-122-5-475-00: 350.22
4,148.58
QCI International
Slide/Tape Program - Lessons 1-6 Inv. #69- $990.00
Slide/Tape Program - Lessons 7-8 Inv. #70 496.45
Pay from General Fund- 001-121-5-474-00
1,486.45
P. B. & S. CHEMICAL COMPANY, INC.
Chlorine Gas 1 Ton Tanks to Disinfect the Raw Water.
Pay from Water & Sewer Revenue Fund- 401-332-5-363-00
1,672.00
PALM BEACH NEWSPAPERS, INC.
Legal Advertising for period: 11/22 thru 12/22, 1990.
City Clerk/ Legal Ads- Planning & Zoning
Pay from General Fund- 001-122-5-470-13: $5,188.22
City Clerk/ Legal Ads- General
Pay from General Fund- 001-122-5-475-00: 424.06
5,612.28
PEROXIDATION SYSTEMS, INC.
50% Hydrogen Peroxide Solution used for the corrosion
and odor control program- Commission approved contract.
Pay from Water & Sewer Revenue Fund- 401-352-5-365-00
28,151.30
PIECO 1,261.33
Repair to Gas-Boy Automated Fuel System- Damage caused
by lightning strike in July 1990 prevented surge protectors
from working.
Pay from Self Insurance Fund- 622-195-5-440-01
PETERSEN INDUSTRIES
Rotation Motor for Main Room Lighting Loader TL3.
Pay from Vehicle Service Fund- 501-193-5-432-00
2,904.99
PITMAN PHOTO SUPPLY
2 Cases (30 per case) Spectra Twin Pack Film #610022.
Replacement supplies for I.D. division.
Pay from General Fund- 001-211-5-380-01
1,089.56
COMMISSION
FEB l) 1991
APPROVAl.
37.
38.
39.
40.
41.
42.
43.
44.
RAYSIDE TRUCK & TRAILER $
For Recreation & Parks Department- installation
on reassigned truck- vehicle was transferred from vehicle
service pool to recreation in lieu of purchase of a new
vehicle. 1 Power Lift Tail Gate(cut rear bumper, relocate
lights); 1 Class-3 Hitch Bumper, Installed.
Pay from Vehicle Service Fund- 501-193-5-681-00
1,450.00
SCE, INC. 183,109.96
Odor Abatement System- Aeration Covers, Effluent
Pumping Station Expansion and Electrical Building
Project; Payment #4; Payment period: 11/27/90 to 12/19/90.
Pay from 1990 Construction Fund- 409-000-0-691-20
SIRCHIE FINGERPRINT LABORATORIES
Fingerprint supplies for Police Department.
Pay from General Fund- 001-211-5-380-01
1,918.40
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD
User Charges for Wastewater Services for the month
of December 1990. 213.52 MG @ .7055/1M gal.- $150,638.36.
Pay from Water & Sewer Revenue Fund- 401-353-5-490-09
Sanitaire License for Patented in-place Gas Cleaning
Board Approved at 10-18-90. - $ 52,896.00
Pay from Utility Capital Impr Fund- 404-000-0-691-20
203,534.36
SOUTHEASTERN MUNICIPAL SUPPLY
100 APC Markers High Range Sewer- for locating
sewer pipe.
Pay from Water & Sewer Revenue Fund- 401-351-5-390-06
1,200.00
SUNNILAND CORPORATION
20 Tons Bulk 15-5-15 Fertilizer for Fertilizing
Roughs & Fairways; as per Bid Specifications Bid
No. 010-411-91/VSMG.
Pay from Golf Course Revenue Fund- 411-726-5-366-00
5,640.24
SUNSTATEMETER & SUPPLY, INC.
1,000 Model 25 3/4" Water Meters- $23,000.00.
Pay from Water & Sewer Revenue Fund- 401-333-5-651-00
Materials used to raise Water Meters- $2,442.20.
Pay from Water & Sewer Revenue Fund-
401-333-5-651-00 $1,759.50
401-333-5-390-05 682.70
25,442.20
TENNIS SUPPLY
14 Rolls 6" x 120' Windscreens (Weathershade)
3 Boxes Deluxe TY-RAPS Steel Tongue
Necessary for new courts at Racquet Center
Pay from Public Servc Tax Constr- 301-721-5-648-00
2,302.20
COMMISSION
FEB ~5 ]99]
APPROVAL
45.
46.
47.
48.
49.
50.
OSCAR VAGI & ASSOCIATES ARCHITECTS INC.
Invoice No. 1453 (Reproduction of construction
documents, mailing and phone charges); Inv. No. 1452
(Amendment to Contract per Resolution R90-192)
Project: Ezell Hester, Jr. and Rolling Green Parks.
Pay from Public Service Tax Constr-
301-721-5-463-01 $11,080.48
301-721-5-463-02 11,080.48
$ 22,160.96
WATER RESOURCES CORPORATION
Submersible Sewage Pumps and Flygt Adapter Guide
Claws; Commission approved Bid 2-6-90.
Pay from Utility Capital Impr Fund- 404-352-5-642-00
21,302.00
S.T. WICOLE CONSTRUCTION
Payment #13 on P.O. 82192 for construction of Fire
Station #3 in accordance with Contract & Specifications;
Bid Opening- 8/10/89; Con~nission Approved- 12/5/89.
Pay from Capital Improvement Fund- 302-223-5-640-11
146,096.73
GEE & JENSON, ENGINEERS, ARCHITECTS, PLANNERS, INC.
Landfill- Services 12/1/90 through 12/28/90; Invoice
#25735, Job #90-025.
Pay from Sanitation Fund- 431-341-5-962-00
2,806.15
REDI REAL ESTATE INFORMATION SERVICE 1,293.60
Invoice Dated 1/10/91- Aerial Map; South Palm Beach County.
Pay from General Fund- 001-122-5-499-00
DUTCH CONSTRUCTION CO., INC. 14,501.74
Payment #5, P.O. 84849: Congress Avenue Park in Accordance
with Contract and Specification Documents; Bid #070-722-90/
}iBC; Commission Approved: July 17, 1990.
Pay from Public Servc Tax Constr- 301-721-5-648-00
These bills have been approved and verified by the department
heads involved, checked and approved for payment.
I therefore recommend payment of these bills.
COMMISSION
FEB $ ]991
j cott Miller, City Manager
/
APPROVAL