Minutes 01-02-91MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
WEDNESDAY, JANUARY 2, 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
M~yor Moore called the meeting to order at 6:00 P.M. There
was a moment of s~lent prayer followed by the Pledge of
A~leglance to the Flag which was led by Vice Mayor Wische.
A~ENDAAPPROVAL
V~ce Mayor Wische requested that the Report by the Task
FOrce on Children and Youth be given immediately prior to
N~W BUSINESS, C. Formation of permanent Advisory Board on
C~ildren and Youth. Commissioner Weiner requested that the
A~enda items remain as scheduled on the Agenda because they
w~re twO separate items. The Mayor had just received the
r~port and had not had an opportunity to thoroughly review
i~. DiscUssion took place and the Commission agreed to
l~ave these items as listed on the Agenda.
U~der NEW BUSINESS D., City Manager Miller added Temporary
S~gn Request for Black Awareness Day and E., Banner Request
f~om the Boynton Women's Club.
Cbmmissioner Weiner moved to approve the.Agenda as amended.
Nice MaYor Wische seconded the motion which carried 5-0.
A~NOUNCEMENTS
li. A Public Hearing regarding the International Brotherhood
of Firemen and Oilers (IBF&O) is scheduled for Monday,
January 7, 1991 at 7:30 P.M.
Proclamation - Black Awareness Day - February 2, 1991
~RESENTATIONS
Certificate of Appreciation to
Mr. David Scott Floering, Eastern Auto Body and Glass
City Manager Miller explained that the City's Police
~epartment had received the donation of an armored van from
~rinks, Inc. for use by the City's SWAT team. The van was
in need of refurbishing, however, and Mr. Floering agreed to
MINUTES - REGULAR CITY COMMISSION MEETING
BOYIqTON BEACH, FLORIDA
JANUARY 2, 1991
do this work at no cost to the City. Mr. Floering contri-
buted many hours of labor and hundreds of dollars in
materials to the project and a Certificate of Appreciation
was presented to him for his generosity.
ii. Report of Task Force on Children and Youth
AS a follow-up to many months of intensive research into the
uhmet needs of children and their families in the community,
the Boynton Beach Task Force on Children and Youth had pre-
p~red a report of their findings and subsequent recommen-
dations. The lengthy report was before the Commission and
Commissioner Weiner read out loud the sections entitled,
Introduction, Findings, Recommendations and Conclusion.
This report is on file in the City Clerk's office.
C~mmissioner Weiner extended thanks to those who made this
r~port possible. She noted this project was a very ambi-
t,ious undertaking and solving these problems would require
the combined experience and skills of many people. The Task
Fprce believed the children deserve no less.
~ice Mayor Wische moved to accept the report and make it
p~rt of the record. Commissioner DeLong seconded the motion
w~ich carried 5-0.
Llater in the meeting discussion takes place regarding a
equest to form a permanent Advisory Board on Children and
outh.
~IDS
~one.
~UBLIC HEARING
4. Project Name:
Agent:
Owner:
Location:
Description:
First Impressions Day Care Center
Harold Blanchette
Julie and Susan Monahan
Seacrest Blvd. at S.E. 22nd Ave.,
northeast corner
CONDITIONAL USE - Request for con-
ditional use and site plan approval to
convert an existing single-family resi-
dence into a 2,300 sq. ft. day care
center.
~hris Cutro, Planning Director, reported this item had been
continued by the Planning & Zoning Board (PZB) at its regu-
lar meeting on December 11, 1990 to December 20, 1990. At
~hat time, a revised plan was reviewed and approved. Three
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 2, 1991
comments were added to the plan. A drainage and paving plan
is to be submitted prior to building permits being issued
ahd the 4' fence on the east side of the property (presently
chain link) will be increased to a 6' solid concrete block
f~nce. There had been some discussion about the legality of
this and Don Jaeger, Building Official had indicated that
s!ince the use of this property is non-residential, this
change can take place. The applicant had agreed to this.
S~aff recommended approval, subject to these conditions as
plrovided for by the PZB.
Ms. Charlotte Duvall, 117 S.E. 22nd Ave., expressed opposi-
tlion to the day care center and did not feel it was needed
a~ there are four other centers in the area. Ms. Duvall
wDrks at night and the extra traffic in the mornings would
aiffect her sleep. She did not look forward to the cement
Block wall which would be constructed at her property line.
~r. Ralph Vallarella, 2210 S.E. 1st Street, believed day
clare centers were needed, however, not at this location. He
p~inted out on a map how the area is already congested with
tiraffic. He believed this was a dangerous spot for a day
clare center. Mr. Vallarella pointed out other day care cen-
ers in that neighborhood on the map. He hoped the
ommission would make the proper decision.
sthere was no input the audience, PUBLIC
further
from
THE
EARING WAS CLOSED.
r. Cutro stated staff believed this to be a compatible use
ith the surrounding neighborhood, provided the buffers are
ut in place and there is no access onto S.E. 1st Street.
his is a conditional use in this zoning category. There
ere remarks about the ability of children to climb 4' chain
ink fences. That had been changed to a 6' concrete block
all instead. Relative to the traffic safety situation,
olice Chief Hillery remarked this had met the specifica-
ions required by the City, the State and the Department. A
olice Dept. representative had been in attendance at the
RB meeting and this had been reviewed at length.
lommissionerWeiner moved that the First
Impressions
Day
are Center request for conditional use and site plan appro-
al to convert the existing single-family residence into a
,300 sq. ft. day care center be approved. Commissioner
eLong seconded the motion which carried 5-0.
9' Proposed Ordinance No. 091-1
Re: Proposed Boynton Beach Sign Ordinance
(First Reading)
3
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 2, 1991
City Attorney Cherof read proposed Ordinance No. 091-1 by
claption only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, DELETING CHAPTER 21 OF THE CODE OF
ORDINANCES, MORE COMMONLY KNOWN AS THE BOTfl~TON BEACH SIGN
CODE AND ADOPTING A COMPREHENSIVE SIGN CODE FOR THE CITY
OF BOYNTON BEACH; PROVIDING FOR DEFINITIONS; PROVIDING
FOR GENERAL REGULATIONS OF PERMITS; PROVIDING FOR
INSPECTION AND INSPECTION FEES; PROVIDING FOR PROCEDURES
REGARDING UNSAFE AND UNLAWFUL SIGNS; PROVIDING FOR
LICENSING; PROVIDING FOR STRUCTURAL REQUIREMENTS;
PROVIDING FOR REMOVAL OF ABANDONED SIGNS; PROVIDING FOR
VARIANCES; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SIGN
REGULATION IN COMMERCIAL AND RESIDENTIAL DISTRICTS;
PROVIDING FOR SIGN REGULATION IN SHOPPING CENTERS AND
MALLS; PROVIDING FOR SIGN REGULATION IN THE CENTRAL
BUSINESS DISTRICT; PROVIDING FOR SPECIAL SIGNS; PROVIDING
FOR NON-CONFORMING SIGNS; PROVIDING FOR PENALTIES;
PROVIDING FOR CONFLICTS, SEVERABILIT¥, CODIFICATION AND
AN EFFECTIVE DATE."
ayor Moore believed several requests to be heard, which had
een received from the public, were premature on first
leading and they should be deferred until the second
eading. City Attorney Cherof pointed out there had been a
~pecial notice on this proposed Ordinance for a Public
Hearing because this is a land development regulation.
ere would be two Public Hearings on this Ordinance since
it affects more than 5% of the general land area.
qity Manager Miller referred to four areas he would like the
qommission to consider. These items are as follows:
~) Under Section 21-3 Definitions, Mr. Miller believed they
~hould include a definition for marquee or reader board
~ign.
~) Under 21-18 Sign Prohibition, he wished to add vehicular
~igns and painted wall signs.
) Under Section 21-26(b) Signs for Shopping Center, Mr.
[iller pointed out the current language allows for 160 sq.
t. He believed free-standing signs for any of these
istricts should not exceed 64 sq. ft. per side, or 128 sq.
t. maximum.
4) Relative to Section 21-32 Non-conforming Signs, the pre-
~ent language as proposed notes the sign would remain non-
Conforming almost in perpetuity. Mr. Miller recommended
~hey include a provision that would require existing non-
4
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JAI~UARY 2, 1991
conforming signs to be brought up to Code compliance within
a five year period. This could even be staggered to three,
five or seven years. Mr. Miller was concerned that if a
"benchmark" is not included, they would never have confor-
mity to the Sign Ordinance.
Mr. Miller elaborated on why he believed these individual
changes were advisable and discussion ensued. Relative to
the painted wall signs, Commissioner Artis wondered if they
needed to indicate whether they were talking about commer-
cial and residential properties. Mr. Miller responded this
Would be for everything. He believed they could enforce
this on a person's residence. Discussion took place about
inclusion of murals in the prohibition. The consensus was
that the Commission did not want murals on residences. Mr.
Miller thought perhaps they should even include this point
in the Housing Code section.
Further discussion took place about vehicular signs and vans
and trucks which will park at the end of parking lots with
~-frame signs or large signs hanging from the side of the
tlruck. This can be a real problem. Mr. Miller assured the
Mayor that smaller commercial vehicle signs (such as mag-
netic signs) identifying businesses on trucks and vans Would
continue to be allowable, within certain limits.
Mr. Miller believed the definitions of marquee or reader
board signs should be included because they will be allowing
tlhese signs. The difference between these signs was
discussed.
The Commissioners agreed as far as items ~1 through 93 were
Concerned. Discussion took place about Mr. Miller's
Suggestion ~4. The Mayor referred to signs that were once
Legal, but due to changes in the Code, had become non-
~onforming. He believed they would be penalized somewhat as
~hey couldn't be improved or repainted. Relative to item
~4, the Mayor thought this should probably be set at l0
years.
Mr. Miller explained a "staggered" proposal where an old
poorly constructed sign would be allowed three years to be
brought up to Code. Conversely, another business may have
recently spent $25,000 on a beautiful sign. That business
Could be allowed seven years to conform. Aesthetically
displeasing signs that do not meet any portion of the Code
would be brought into compliance first. Three Of the
Commissioners remarked they could go along with the sliding
scale of five to seven years. Mr. Miller responded if they
made the sliding scale more variable, starting at three and
going to seven, it would make enforcement easier. City
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 2, 1991
Attorney Cherof believed the variable scale would make
enforcement more difficult because they would have people
trying to figure out the variables. Mr. Cherof wanted to
limit it to the variables that have been Court tested in
other municipalities.
MOtion
Commissioner Weiner moved to have a sliding scale starting
ak three years for things that are inherently dangerous.
CDmmissioner DeLong seconded the motion which carried 5-0.
M~. Jose Aguila, 800 S.W. 1st Court, referred to the revi-
siion process this Sign Ordinance had been through. He
pbinted out the existing Code served as the base. Following
M~. Jaeger's version, the PZB and CAB had spent over five
hburs reviewing the proposed Ordinance. Now Mr. Jaeger, Mr.
C~tro and Mr. Cherof had come up with a new version. Mr.
A~uila believed this should come back before the PZB. He
cDuldn't understand why the City had City Boards if they
w~re going to bypass their expertise and recommendations.
M~yor Moore stated the City had taken the Boards' input into
cpnsideration. The City would try this version out and look
a~ it again in six months or a year.
CYnthia Greenhouse, 618 N.E. 20th Lane, believed the City
Manager's four areas of concern reflected some of the major
c~ncerns raised by the PZB and CAB. She believed that ~
liegally this Ordinance had to come back before the PZB.
Piersonally, she liked what the City Manager had proposed.
She remarked that Florida Statutes, Section 163.3174, states
the Land Planning Agency has to review all proposed land
d!evelopment regulations and make recommendations to the
gloverning body. She further stated that Section 163.3164
diefines land development regulations and in that is included
silgn regulations. She pointed out that this .had been
tDtally revised since it came before the PZB the first time.
Mrs. Greenhouse was pleased that non-conforming signs would
bie eliminated over a period of time. She knew a lot of
~usinesses were cited a couple of years ago under the pre-
sient Code. In view of the proposed revisions, she wondered
w~at would happen now that two years had passed. The City
Manager was asked to provide Mrs. Greenhouse with an answer
oln this point.
G~ry Lehnertz, 619 S.W. 2nd Ave., recalled at the recent
Board Dinner the Commissioners praised the Board members for
the good job they were doing. Now it appeared the
Ciommission did not care about the amount of time the PZB and
6
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 2, 1991
CAB had spent on the Sign Code review. He did not think
this was right. He believed the Boards should be listened
to.
~ice Mayor Wische remarked those Boards had been given the
o~portunity for input. Recommendations came from several
sDurces. Staff compiled the recommendations into the
v!ersion which was in front of the Commission. The
CQmmission did take the effort of the Board members into
cbnsideration.
~s there was no further input from the audience, THE PUBLIC
HIEARING WAS CLOSED.
Notion
~ice Mayor Wische moved to pass this on first reading with
t~e recommended alterations. Commissioner Artis seconded
t~e motion. 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.
~UBLIC AUDIENCE
Ns. Jean Leary, 1820 New Palm Way, asked that jet skis be
~anned from using the Boat Ramp Park. She pointed out signs
rected at the park are disregarded. She explained viola-
ions she had recently witnessed at the park. Most of the
et skiers at the park were not from this area and it
ppeared as if Boat Ramp Park were turning into a "home
ase" in the area. The noise from the jet skis was driving
~he residents "crazy."
lity Attorney Cherof indicated the City was involved in
ollecting Ordinances from other cities and was checking to
ee if there had been any challenges to them. The Mayor
~ointed out that any Ordinance adopted would have to be
egalty enforceable. Other remarks were made about the
oise levels produced when the jet skis are out on the
ater and the possibility of obtaining decibel readings.
The City Manager explained about discussion that had taken
lace with the Florida Marine Patrol. The City had loaned
dne of its Code Enforcement Officers trained in the use of
~he decibel meter to ride with the Marine Patrol. The
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 2, 1991
Marine Patrol covers a very large area on this coast,
however, and this is not high priority for them.
Don Jaeger, Building Official, pointed out the City is
precluded from enforcing any kind of regulations except
regulations over noise, which is a jurisdiction of the
County. If the County adopted a Noise Ordinance, the Marine
~atrol could enforce that. The City might want to send some
t~ype of Resolution to the County, encouraging them to adopt
~ Noise Ordinance.
While the City Attorney continues to research this topic, he
~as asked'to draw up a Resolution which could be sent to the
~ounty. The City Attorney indicated he would have such a
Resolution ready for the next meeting.
Ms. Wilda Searcy, 402 N.E. 13th Ave., hoped the City would
dontinue to work on summer lunch and work programs for young
Deople. Ms. Searcy was still interested in arranging for
~helter at Sara Sims Park so that citizens can play checkers
~nder shelter. Waste containers were needed. On Friday,
Saturday and Sunday nights she thought the City should pro-
Wide entertainment for the young people. If there were
~lectrical outlets, the young people could play music. The
~ark could be closed at 10:00 P.M.
ADMINISTRATIVE
~onsider request for sign variances
~. Pep's Seagrill
9. Gentleman Jim's
~ayor Moore asked that these items be moved up on the
~genda. Staff recommended approval. Don Jaeger, Buildi~ng
qfficial noted the Gentleman Jim's sign will be non-
qonforming under the new sign ordinance. He recommended it
be reduced to 64 sq. ft. instead of 66 sq. ft. as proposed.
Both signs will have an area for changeable copy.
Vice Mayor Wische moved to approve both signs with the
alterations as stated. Commissioner Artis seconded the
motion. The vote to approve was 5-0 on Pep's Seagrill. On
Gentleman Jim's the vote to approve was 4-1, with the Mayor
dissenting.
NEW BUSINESS
D. Temporary Sign Request for Black Awareness Day
8
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 2, 1991
As outlined in A1 Newbold, Deputy Building Official's
memorandum No. 90-566 to the City Manager, permission is
deeded to post six billboard signs from January 21, 1991
through February 4, 1991 in conjunction with Black Awareness
Day on February 2, 1991.
Banner Request from the Boynton Women's Club
The Women's Club requested permission to place a banner
the side of their building in conjunction with a fund
rlaising event to be held January 13, 1991.
on
Vice Mayor Wische moved to approve both of these requests.
~ommissioner Artis seconded the motion which carried 5-0.
Items for discussion requested by Mayor Gene Moore
112 S. Federal Highway landscaping requirements
-- Ms. Betty Bingham
Ms. Betty Bingham and her Architect Mr. Corbett, explained
~hat during the summer she started trying to get a barrier
Hut between her property and the convenience store located
on Federal Hwy. at 1st Street. Ms. Bingham owns the parking
~ot property where the Bus Station is located. People going
into the convenience store run over her parking stops.
Trucks making deliveries at the convenience store have a
~endency to park on her property. Ms. Bingham felt that the
~equest on the part of the City for certain plantings at the
base of the proposed 3' wall were unreasonable. She stated
it would involve tearing up half of her lot to put in
~lants. They would be willing to plant Bougainvillea in the
back, but she didn't want it tied in with this wall. She
had been requested to plant Bougainvillea at various inter-
~als along the wall. Ms. Bingham requested a waiver.
Mr. Corbett stated Ms. Bingham is trying to protect her pro-
perty from vehicles crossing lots. The wall is not a
~equirement, in his opinion. Ms. Bingham was doing this on
a voluntary basis to protect the vehicles that park there
~nd to protect her property from being destroyed. As the
parking lot had existed for many years, Mr. Corbett believed
it had been "grandfathered in." There was no building in
donnection with it that would require a screen wall. He
~tated this is not a buffer wall but is a barrier to protect
property.
The City Manager referred to the CBD Design Guideline
~equirements for landscaping. The Mayor thought a waiver
Should be granted and he explained his reasons.
Commissioner weiner thought they should explore a compro-
9
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 2, 1991
mise. She didn't want to see Ms. Bingham have to put in a
whole irrigation system as that might not be necessary.
However, there are Code requirements and the City has CBD
Guidelines to help beautify the community.
The Vice Mayor suggested a clinging vine of some sort that
would require no irrigation. This would not interfere with
the parking. He pointed out you have to dig a trench to put
UP the 3' wall anyway. It could be dug one foot wider to
accommodate the planting. Lengthy discussion took place.
Mr. Corbett remarked that staff wanted the plantings along
~he wall as well as installation of wheelstops. Staff
~anted her to remove paving and there was discussion about
~reating new landscape strips all the way down the wall or
~he possibility of creating a 3' strip. Mr. Corbett pointed
Out this property has no water service to it.
The Mayor thought staff had made arbitrary requirements in
~his case. Commissioner Weiner disagreed. Commissioner
Weiner had no problem with putting the wall up but she
believed the Codes and Guidelines should be followed.
~ommissioner Weiner moved that the recommendation of Ms.
Broomfield be followed. The motion died for lack of a
~econd.
Mayor Moore passed the gavel and moved that the waiver be
~ranted and that they be allowed to put the wall up without
~ "beautification." The motion died for lack of a second.
gavel was returned to the Mayor.
Motion
~ice Mayor Wische moved that Ms. Bingham go back, look over
the situation and see if she can do some type of landscaping
~hat will satisfy the Code. The Vice Mayor pointed out
~hey had to "furrow" out a narrow trench to build the wall
nd he still believed some type of hearty clinging vine
could be planted along the wall. Commissioner Weiner
seconded the motion which carried 5-0.
The Mayor asked if plantings would have to be put on both
sides of the wall. The City Manager indicated he would meet
With them so they could get some "relaxation" on this.
DEVELOPMENT PLANS
None.
10
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 2, 1991
LEGAL
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 090-79
Re: Community Relations Board
City Attorney Cherof read proposed Ordinance No. 090-79 by
caption only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYlqTON BEACH, FLORIDA, REPEALING RESOLUTIONS NO. 63-FF,
77-SS, 78-II, 83-FF, 85-N, 90-KKKK AND R90-190 IN THEIR
ENTIRETY IN ORDER TO PROVIDE FOR THE POWERS AND DUTIES OF
THE BOYNTON BEACH COMMUNITY RELATIONS BOARD; PROVIDING
FOR THE BOARD'S COMPOSITION, TERMS, THE FILLING OF
VACANCIES, RATIFICATION OF SELECTIONS BY THE CITY
COMMISSION, DIRECT REAPPOINTMENTS, AND THE POWERS,
DUTIES, AUTHORITY, AND FUNCTIONS; PROVIDING A CONFLICTS
CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING AUTHORITY
TO CODIFY; AND FOR 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.
Vice Mayor Wische moved to adopt proposed Ordinance No.
090-79 on second and final reading. Commissioner Weiner
Seconded the motion. 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.
2. Proposed Ordinance No. 090-80
Re: Referendum - Clarifying Sections 17 and 51
of the City Charter pertaining to term of appointed
officials following a vacancy
City Attorney Cherof read proposed Ordinance No. 090-80 by
caption only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, PROPOSING THAT A REFERENDUM
ELECTION BE HELD TO AMEND SECTION 51 OF THE CHARTER OF
THE CITY, TO PROVIDE THAT A CITIZEN SELECTED TO FILL A
VACANCY ON THE CITY COMMISSION SHALL SERVE UNTIL THE NEXT
MUNICIPAL ELECTION AND DEFINING MUNICIPAL ELECTION DATE;
11
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 2, 1991
PROVIDING A BALLOT TITLE; PROVIDING THE OFFICIAL
SUBSTANCE OF THE AMENDMENT TO BE PLACED ON THE BALLOT;
DIRECTING THE CITY CLERK TO SUBMIT A CERTIFIED COPY OF
THE ORDINANCE TO THE SUPERVISOR OF ELECTIONS; PROVIDING A
CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AND PROVIDING
EFFECTIVE DATE."
Mayor Moore asked if there was any public input. As there
Was no response from the audience, THE PUBLIC HEARING WAS
CLOSED.
Commissioner Weiner moved that proposed Ordinance No. 090-80
be adopted on second and final reading. Vice Mayor Wische
seconded the motion. A roll call vote was taken by Sue
Kruse, City Clerk as follows:
Commissioner Artis - Aye
Commissioner DeLong Aye
Commissioner Weiner Aye
Mayor Moore - Aye
Vice Mayor Wische Aye
Motion carried 5-0.
B. Ordinances - 1st Reading
Proposed Ordinance No. 091-2
Re: Outlining Planning & Zoning Board
Duties and Responsibilities
City Attorney Cherof read proposed Ordinance No. 091-2 by
Caption only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, RELATING TO THE DUTIES AND
RESPONSIBILITIES OF THE PLANNING AND ZONING BOARD;
PROVIDING FOR THE CREATION OF A NEW SUBSECTION 19-5(d) OF
THE CODE OF ORDINANCES SETTING FORTH THE DUTIES AND
PROCEDURES OF THE PLANNING AND ZONING BOARD; PROVIDING
TIME LIMITATIONS ON THE PENDENCY OF MATTERS BEFORE THE
BOARD; PROVIDING FOR DOCUMENTATION OF RECOMMENDED
CONDITIONS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND
PROVIDING AN EFFECTIVE DATE."
~ayor Moore noted that two people had asked to speak on this
topic. As Mayor, he ruled that public input would be
~llowed at second reading.
ice Mayor Wische moved to adopt proposed Ordinance No.
91-2. Commissioner Weiner seconded the motion. A roll
~all vote was taken by Sue Kruse, City Clerk as follows: 12
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 2, 1991
Commissioner DeLong
Commissioner Weiner
Mayor Moore
Vice Mayor Wische
Commissioner Artis
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
2. Proposed Ordinance No. 091-3
Re: Commission action regarding site plans
City Attorney Cherof read proposed Ordinance No. 091-3 by
caption only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, RELATING TO SITE PLAN REVIEW AND
APPROVAL; PROVIDING FOR THE CREATION OF A NEW SECTION
19-27.1 OF THE CITY CODE RELATING TO COMMISSION ACTION ON
SITE PLANS; PROVIDING FOR DOCUMENTATION OF CONDITIONAL
APPROVALS OF SITE PLANS; 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.
091-3. Commissioner DeLong seconded the motion. 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
~otion carried 5-0.
Proposed Ordinance No· 091-4
Re: Amend Occupational License Ordinance for rental pro-
perties by deleting single family residential units
City Attorney Cherof read proposed Ordinance No. 091-4 by
caption only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, RELATING TO OCCUPATIONAL LICENSE
FEES: AMENDING SECTION 13-22 (492); REPEALING THE LICENSE
TAX FOR SINGLE-FAMILY RESIDENTIAL RENTALS; PROVIDING A
CONFLICTS CLAUSE: PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE
DATE."
Attorney Cherof indicated the $2.00 fee referred to in
Section 1 should be corrected to $2.50.
13
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA JANUARY 2, 1991
Vice Mayor Wische moved to adopt proposed Ordinance No.
091-4 as corrected. Commissioner DeLong seconded the
motion. 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 - Nay
Motion carried 4-1.
C. Resolutions
The Commission didn't have any problem with the following
~ive Resolutions and agreed to address them with one motion.
The captions to the Resolutions are provided for infor-
mational purposes.
1. Proposed Resolution No. R91-1
Re: Amend Pay Plan & Adopt Job Descriptions
"A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING THE PAY PLAN OF THE CITY OF BOYNTON BEACH,
FLORIDA FOR THE FISCAL YEAR OF 1990/91 AND ADOPTING JOB
DESCRIPTIONS"
Proposed Resolution No. R91-2
Re: Service Agreement - Cellular Telephones
"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 SERVICE
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CELLULAR
ONE; A COPY OF SAID AGREEMENTS BEING ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE."
Proposed Resolution No. R91-3
Re: License Agreement -
Maintenance Management Work Order Software
"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 SOFTWARE
MAINTENANCE AGREEMENT AND SOFTWARE LICENSE AGREEMENT
BETWEEN GP SOLUTIONS AND THE CITY OF BOYNTON BEACH; A
COPY OF SAID AGREEMENTS BEING ATTACHED HERETO AS EXHIBIT
"A" AND "B" RESPECTIVELY; AND PROVIDING AN EFFECTIVE
DATE."
14
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 2, 1991
4. Proposed Resolution No. R91-4
Re: AT&T Coin Phone Commission Agreement
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND AT&T
COMMUNICATIONS, INC.; A COPY OF SAID AGREEMENT BEING
ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE."
Proposed Resolution No. R91-5
Re: Accepting certain streets in
Leisureville Section 10 as public roads
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA: ACCEPTING THE PUBLIC
RIGHTS-OF-WAY DEDICATED BY AND SHOWN ON THE "PALM BEACH
LEISURE SECTION 10 PLAT" RECORDED ON DECEMBER 13, 1973,
IN PLATBOOK 30, PAGES 129-141 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE."
Vice Mayor Wische moved to adopt Resolutions 1 through 5,
shown on the Agenda. Commissioner DeLong seconded the
motion which carried 5-0.
as
D. OTHER
1. Update on Settlement Agreement between
Seppala & Aho and City of Boynton Beach
City Attorney Cherof reported Seppala & Aho had reviewed the
proposed Settlement Stipulation with its attorney. Only one
change had been requested, namely, that the release Seppala
& Aho will provide to the City will be mutual and that
Seppala & Aho will be released at the same time except for
guarantee and warranty type work. Mr. Cherof had made that
change in the Stipulation. This will be brought back to the
Commission by means of a Resolution at the next meeting for
authority to execute. The Commissioners had no problem with
Mr. Cherof's remarks.
2. Acceptance of Quit Claim Deed
Dr. John R. Westine had donated Lot 172, Block A, in Boynton
Hills to the City. The lot was valued at $5,000. After the
City Attorney has checked the title, the lot can be included
in the Infill Construction Program.
15
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 2, 1991
Vice Mayor Wische moved to formally accept this donation.
Commissioner Weiner seconded the motion which carried 5-0.
OLD BUSINESS
A. Streetlights on Boynton Beach Blvd.
(Between Old Boynton Rd. and Cross Creek Shopping Center)
As outlined in City Manager Miller's Agenda memorandum
~90-382, it appears that if the City desires streetlighting
along this stretch of road, then the City will have to fund
it. In view of the City's present financial condition, Mr.
Miller did not recommend the appropriation.
If this stretch of road is not lit, Commissioner Weiner
asked about the City being left potentially liable. Mr.
Miller pointed out Boynton Beach Blvd. is a State road and
the State is responsible for lighting it. Mr. Miller did
not believe special assessment could be imposed primarily
because they would not be increasing the value of the Casa
Blanca development. Streetlights along Boynton Beach Blvd.
would benefit Boynton Beach traffic, not necessarily the
Casa Blanca development.
Discussion took place on how this situation came about and
the Mayor made remarks about the platting law and when it
Can be imposed. The Casa Blanca property is under one
ownership and will be used for rentals. No action was taken
on this item.
B. City Engineer Position
The City Manager had provided the Commission with a report
on this topic by means of Agenda memorandum ~90-385. Mr.
Miller stated this matter was in no way a reflection on the
current situation or on Vincent Finizio, Administrative
Coordinator of Engineering. Mr. Miller believed Mr. Finizio
had done an excellent job handling his administrative
duties. Mr. Miller felt the City needed to expand the role
of its consulting engineers or have a Professional Engineer
to protect the City's interests fully and to reduce poten-
tial exposure to liabilities. Reference was made to City
Attorney Cherof's memorandum to the City Manager dated
December 28, 1990 on this topic and other documents which
were before the Commission.
A comparison had been put together which showed the cost of
expanding the consulting engineers' services as compared to
employing a full-time City Engineer. Technical comments
were made about how the figures compared. Mr. Miller stated
if the City were to employ a full-time Engineer, the salary
16
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 2, 1991
range would be $45,000 to $55,000 (Pay Grade 39 - new
classification), plus benefits.
Another avenue had been brought to Mr. Miller's attention by
means of John Guidry, Utilities Director's memorandum
~91-001. The responsibilities of one of the staff engineers
currently employed in the Utilities Dept. could be expanded.
This particular individual is a qualified Certified
Professional Engineer in several States, including Florida.
This would not cost the City much to expand his administra-
tive duties. Mr. Miller stated Mr. Finizio would remain in
his current position of Administrative Coordinator of
Engineering and Inspection. As City Manager, Mr. Miller
Would put the employee in at Grade 37 as Deputy City
Engineer for about three or four months to see how it works
and then go from there. Discussion ensued.
Mr. Finizio pointed out from the audience that the
Engineering Dept. had been reorganized in January, 1990. It
had been decided that the consulting engineers would act as
the City Engineer. The Mayor pointed out Mr. Finizio was
making engineering decisions and he was not a licensed
Professional Engineer. Discussion took place on Mr.
~inizio's job title and decisions and recommendations he has
made in that capacity. Mr. Miller reiterated Mr. Finizio
had done a good job. The City Manager perceived this to be
an administrative decision and he explained. Mr. Finizio
attempted to speak several times but the Mayor limited the
discussion to those on the dais.
Motion
Vice Mayor Wische moved to approve the City Manager's recom-
mendation in reference to the Professional Engineer posi-
tion. Commissioner Artis seconded the motion.
In response to a question raised, Mr. Miller stated this
would not affect the contract with Gee and Jenson and their
services would still be available on an "as needed basis."
Gee and Jenson had provided services on several projects but
there was no guarantee of any level of service.
Mr. Finizio referred to Attorney Cherof's determination
~bout the DPR and individuals reviewing plans that are not
P.E.s., relative to critique of design. He pointed out none
Of the members of the TRB are P.E.s. Mr. Finizio stated
~hat all of his comments are prefaced by a Code reference.
Design critique is submitted to Gee and Jenson, as it always
has been. Mr. Finizio stated all plans do not go to Gee and
Jenson. He indicated he had been directed in certain
instances not to send the plans to Gee and Jenson so the
17
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 2, 1991
plans would continue to move forward. Mr. Finizio said the
"marina project" never went to the consultant because of
environmental issues that might have killed the project. He
believed there were dual standards when "political" projects
were involved. The Mayor thought Mr. Finizio's remarks were
"a bunch of hooey."
Mr. Harry Marcus, 650 Horizons East, didn't think anyone
would question the existence of potential City liability
because of not having a licensed Engineer. He hated to see
~his topic politicized. He recommended a decision be made
based on the facts and without acrimony. Mr. Marcus thought
~he Vice Mayor's suggestion was fine.
Commissioner DeLong brought attention to the Dept. of
~rofessional Regulation Board Of Professional Engineers
Chapter 21H-26 Supervision Standards which states in part
~hat "No individual may be entitled or act in the capacity
0f "municipal", "city" or "county engineer" unless that
~ndividual is licensed as a professional engineer in this
State."
~aurice Rosenstock, 1 Villa Lane, believed Mr. Finizio's
~bility was "glowing." He stated the table of organization
~oes not require ~Vir. Finizio to be an Engineer. Mr.
Rosenstock stated Mr. Nielsen of the Homebuilders Assoc. was
'~lobbying on the effect of trying to get somebody else in
~here because Mr. Finizio has been a whistle blower and
people don't like whistle blowers." Mr. Rosenstock could
~ot find fault with the City Manager as this was an admi-
histrative decision. Mr. Rosenstock referred to the
~ngineer Mr. Miller was considering and asked what the
employee has been doing if he had time to take on additional
~esponsibilities. It was suggested that Gee and Jenson be
included in the loop more than they have been. Written
recommendations on Mr. Finizio's behalf from Annie Matthews,
~rincipal of Poinciana School and Lois Lesslie, Principal of
Forest Park Elementary School were made available. These
letters are on file in the City Clerk's office.
ary Lehnertz, 619 S.W. 2nd Avenue, pointed out that if the
ngineer from the Utilities Dept. is moved over to
Engineering, the City will have to hire someone else to
~eplace him. If this person was not doing a full-time job
for the City, Mr. Lehnertz didn't think he should be
~mployed by the City. He didn't believe Mr. Miller would
Rllow something like that. Mr. Lehnertz understood the City
~anager had "pared things down to the bone" in order to save
money. Mr. Lehnertz believed the current Engineering
Situation covered all the necessary bases and there was no
~eason ~or this action.
18
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 2, 1991
Mr. Paul Levine, 2400 N.E. 1st Lane, had served as a member
of the New York Bar for about 50 years. He had handled only
negligence work or tort actions. Part of the time, he
defended the City of New York. He had seen strange things
happen in the Court system and challenges made on the quali-
fications of personnel employed by the city. Mr. Levine
believed that the qualified firm of Gee and Jenson could
stand the test of qualification. He would hate to see the
City challenged in the Courts, based upon the recommendation
Of a person who might be qualified in many areas but not be
qualified in a specific area. Mr. Levine asked the
Commission not to disturb the status quo as it seemed to be
working quite well.
Mr. Larry Leathers, 46 Heather Cove Drive, asked the
Commission to not change the design of the Engineering Dept.
He didn't believe they should attempt to fix something
that's "not broken." He believed use of Gee and Jenson as
consulting Engineers worked out well. He also believed Mr.
Finizio had demonstrated superior knowledge of City Codes.
If the Commission chose to bring in a licensed Professional
Engineer, Mr. Leathers asked that the new person report to
Mr. Finizio.
Mr. Jose Aguila, 800 S.W. 1st Court, stated that as a member
Of a local architectural firm he had worked with Mr. Finizio
on a number of projects. He believed Mr. Finizio performs a
careful, thorough and efficient job and is very
knowledgeable of the Codes. The idea that a full-time
Professional Engineer is the only way to protect the City
Was, in Mr. Aguila's opinion, erroneous. Mr. Finizio has
the backup of Gee and Jenson and their role is not much dif-
ferent that if a Professional Engineer is hired. Mr. Aguila
stated that Mr. Finizio insists that developers follow the
rules and that is a good thing. Mr. Aguila is a Graduate
Architect and is not a licensed Architect yet.
Discussion took place about the job Mr. Finizio does and
decisions he makes. The City Manager interjected he could
~ot think of any plan Mr. Finizio had not "bounced" off of
Gee and Jenson. Other remarks were made.
Lynne Matson, 1 West Chesterfield Drive, was present to
~epresent Boynton Lakes North and Boynton Lakes. Mrs.
Matson referred to negotiations which had taken place with
her subdivision's developer. Numerous problems had been
~esolved with assistance provided by the City Manager and
Mr. Finizio. Mr. Finizio took the time to explain City Code
to residents when they did not understand it. He also
explained what needed to be done by the developer to meet
Code. Mrs. Matson believed Mr. Finizio was qualified and
19
MINUTES - REGULAR CITY COmmISSION MEETING ~
BOYNTON BEACH, FLORIDA JANUARY 2, 1991
capable of continuing to be the administrator of the
Engineering Dept. To hire a licensed Engineer to head the
department would be a costly mistake as Gee and Jenson is
doing its job. She asked the City Manager to come up with
an alternative that would not be so costly.
Cynthia Greenhouse, 618 N.E. 20th Lane, believed the deci-
sion had already been made and this was a "done deal." Mrs.
Greenhouse stated "Vinnie Finizio makes the developers stick
to the Codes and they don't want him there." She did not
believe this was an issue related to liability. Mrs.
Greenhouse referred to the City Manager's previous statement
in April, 1990, that a full-time Engineer wasn't needed.
She stated that election time is approaching and it's cam-
paign contribution time. She believed developers were
putting pressure on the politicians to put the silencer on a
man who makes them stick to the Codes. Other remarks were
made about the persons who sit as the TRB.
Mrs. Greenhouse asked Commissioner DeLong if Randy Nielsen,
~omebuilders Assoc. Political Affairs Representative, had
asked Commissioner DeLong to "see what she could do about
getting somebody over Vince Finizio." Commissioner DeLong
responded that Mr. Nielsen had never approached her with
SUCh a request. Commissioner DeLong referred to discussion
~hat had taken place at a recent Planning & Zoning Board
meeting. When the Chairman asked to hear specifically from
~he City Engineer, Mr. Finizio stood up and addressed the
question. This is what had triggered Commissioner DeLong's
~hinking. Comments were made about Mrs. Greenhouse serving
as Mr. Finizio's attorney. Mrs. Greenhouse stated she was
speaking as a resident, not as his lawyer. If the
Commission wanted to prove this was not political, Mrs.
Greenhouse thought they should include Gee and Jenson more
fully in the loop. The discussion became heated and insults
Were exchanged. Michael Greenhouse was escorted from
Chambers by the Police Chief.
Commissioner Weiner was concerned that the Engineer under
~onsideration was either not putting in an eight hour day in
the Utilities Dept. (she chose not to believe that) or he
Was going to be asked to put in a twelve hour day for the
~ame salary. She couldn't believe the latter would happen.
She thought the City had a good system currently with Gee
~nd Jenson. She asked why risk stretching a man beyond his
~apabilities when we already have a good situation.
Mr. Miller responded that all City employees are having to
do a little more in providing services to the City. He
referred to statistics in recent years on the number of
~ull-time employees throughout the City. The numbers have
20
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 2, 1991
decreased and many persons have not been replaced. 35 full-
time positions have been cut out from last year. Mr. Miller
warned that in coming months, so the City can get out of the
deficit, they would be looking toward cutting more posi-
tions. Despite these cuts, the employees were attempting to
provide the same level of services to the residents. Mr.
Miller stated he was not talking about laying off people.
However, when positions become vacant, they would not fill
all positions.
Commissioner Artis had not heard the City Manager actually
gay the licensed Engineer would be doing two jobs. Mr.
Miller clarified the City Engineer is not a full-time posi-
tion. Upper management in the Utilities Dept. would have to
re-allocate some of the job duties in that department. Some
would have to take on a little more work. Many departments
are having to do this.
Vote on Motion Made Earlier in Discussion
The Mayor began to call for a vote. The City Manager said
he would rather just handle the changes administratively.
The Mayor stated the Commission wanted the situation of
potential liability unequivocably cleaned up. Mr. Miller
indicated that would be done. The motion to accept the
recommendation of the City Manager which had been made
earlier by the Vice Mayor was repeated and Commissioner
Artis repeated her second. The motion carried 5-0.
NEW BUSINESS
A. Items for discussion requested by Mayor Gene Moore
1. 112 South Federal Highway
Betty Bingham - Landscaping requirements
This was discussed earlier in the meeting.
B. Items for discussion requested by Commissioner Sam DeLong
1. Request permission to lobby for Lawrence Road
Commissioner DeLong referred to approval given at the pre-
vious meeting. The developer had indicated he would ask the
County to be able to be in a "pay back" situation if he con-
nected at the same time he built Lawrence Rd. This related
to the developer meeting concurrency requirements.
Commissioner DeLong didn't want this to slip through the
cracks. She suggested writing a letter to the County
Commission asking if they would please consider the impor-
tance of connecting Lawrence Rd., from Woolbright to Boynton
Beach Blvd., to relieve traffic.
21
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 2, 1991
The Commissioners agreed to authorize Commissioner DeLong to
work with the City Manager to try and make sure the deve-
loper follows through on that.
C. Formation of permanent Advisory Board on Children
and Youth - Requested by Commissioner Arline Weiner
An informative Report on the Findings and Recommendations of
the Task Force on Children and Youth was made earlier in the
meeting. Commissioner Weiner pointed out that one of the
Task Force's first recommendations was to form a permanent
Advisory Board on Children and Youth. Remarks were made
about the numerous serious problems that need attention.
Commissioner Weiner felt that a group of people was needed
to focus exclusively on these unmet needs.
Commissioner Weiner moved that the City Attorney draw up an
Ordinance establishing a permanent Advisory Board on
Children and Youth.
Vice Mayor Wische agreed there was a need for childre~s
programs as well as programs for the elderly. He referred
to the professional makeup of the Community Relations Board
~CRB). The Vice Mayor thought the CRB could possibly handle
~his responsibility and he recommended a Commission Workshop
With the CRB to determine the CRB's feelings. Discussion
~ook place. The Mayor commented on the massive nature of
~his undertaking. He commended the Task Force on the
~eport. He thought it was obvious that some funding might
be required which the City may or may not have. This would
~equire a lot of coordination. The Mayor agreed the
Workshop would be advisable.
~ice Mayor Wische moved that the Commission table this
~opic until they .could hold the Workshop meeting with the
~RB. The Mayor passed the gavel and seconded the motion.
It was noted that several people had submitted requests to
tddressthe Commission this topic. The pointed out
om
Mayor
hey would be given an opportunity for input on the topic.
~ommissioner Weiner reminded the Commission that she already
had a motion on the table. Commissioner Weiner's motion
ied for lack of a second. The Vice Mayor called for a vote
n the motion to table. The motion carried 4-1.
Commissioner Weiner cast the dissenting vote. It was agreed
~hat public input would be allowed at the Workshop. No date
~as set for the Workshop.
D. Temporary Sign Request for Black Awareness Day
This was discussed earlier in the meeting.
22
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 2, 1991
E. Banner Request from the Boynton Women's Club
This was discussed earlier in the meeting.
CITY MANAGER'S REPORT
A. Update on Capital Improvement Projects
Bill DeBeck, Project Manager, had provided an update by
m~ans of memorandum ~90-122 to the City Manager. Mr. Miller
eilaborated on the status and anticipated completion dates of
Filre Station 93, Congress Avenue Park, Hester and Rolling
G~een Parks and the Civic Center expansion.
ADMINISTRATIVE
~%. Consider request for sign variances
1i. Pep's Seagrill
~. Gentleman Jim's
~hese variances were addressed earlier in the meeting.
(~ONSENT AGENDA
A. Minutes
~. Regular City Commission Mtg. Minutes of December 18, 1990
B- Bids
None
C. Approve authorization to dispose of records
- Purchasing
Records Destruction Request Form 204 had been approved by
~he State Division of Archives. Commission approval was
heeded to proceed with destruction of records from the
~urchasing Dept as outlined in the City Clerk's memorandum
~90-228 to the City Manager.
D- Update on Blum Plat
John Guidry, Director of Utilities, in his memorandum
~90-739 to the City Manager, explained that the Utilities
~ept. would be approving the permit applications for the
water system serving this development.
23
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 2, 1991
E. Well %16 Inspection
John Guidry, Director of Utilities, in his memorandum
%90-726 to the City Manager, explained that Meredith
Corporation and Deep Venture Camera, Inc. will be used to
inspect Well 16 and help determine the location of sand
infiltration. The procedure will cost $6,300.
F. Approval of Bills
See list attached to the original copy of these Minutes in
the City Clerk's office.
Vice Mayor Wische moved to approve the Consent Agenda.
motion was seconded and carried 5-0.
ADJOURNMENT
The meeting properly adjourned at 8:50 P.M.
CITY BEACH
The
~TTEST:
(~it~/Cl erk
Recording Secretary
(Three Tapes)
Mayor
Vice Mayor
Comml s s loner
Commissioner
Commissioner
24
AGENDA
January 2,
1991
CONSENT AGENDA
F
cc: ~{gmt Serv, Fin
Utilities, Recreation
3.¸
ALLIED LIME
P.O. #85951 - Pebble Quick Lime deliveries for part of Nov.
and Dec.,1990.
Pay from Water & Sewer Rev---401-332-5-365-00
ALLIED UNIVERSAL CORP.
P.O. #85959 - Chlorine Gas for Water Plant.
Pay from Water & Sewer Rev---401-332-5-363-00
BROOKS PRODUCTS, INC.
500 Concrete Lids w/steel flap and 200 Box and Lids w/steel
flap for replacement of old and broken meter boxes and lids
for Water Distribution.
Pay from Water & Sewer Rev---401-333-5-651-00
CH2M HILL
Professional engineering services for the period 10/25/90
thru 11/24/90 - see attached.
Pay from Utility Capital Improve.---404-000-0-690-10
CSR HEAVY CONSTRUCTION, INC.
Refund of over-payment on Plan Filing Fees for four permits.
Should have been $3,375.00, amount paid was $4,915.00.
Pay from General Fund---001-000-4-221-40
CUES, INC.
Various supplies for Sewage Collection.
Pay from Water & Sewer Rev---40t-351-5-433-00
Budgeted Item - Metro-Dade Bid 1483-7/91
DECISION DATA
1 Matrix Line Printer w/pedestal and one year maintenance
included - 4,775.00, less trade in Model #6703 of $1,000.00
for Police Dept.
Pay from General Fund---001-211-5-670-02
"State Contract #250-000-91-1
ELKINS CONSTRUCTORS, INC.
Appl. #6, P.O. #84255: Improvements to B.B. East Water Treat-
ment Plant per contract specifications for period 11/16/90
thru 12/16/90.
Per bid 4/3/90, Conm~ission approved 4/17/90
Pay from Utility Capital ~mprove.---404-000-0-690-10
ERNST & YOUNG
Professional services rendered in connection with the audit
of City's 9/30/90 financial statements - Second billing.
Pay from various funds.
$ 12,990.66
1,281.26
7,300.00
43,633.33
1,540.00
1,782.24
3,835.35
179,371.30
15,000.00
COMMISSION
~^N 2 1~91
APPROVAL
10.
11.
12.
13.
18i.
GEO TEC, INC.
Boynton Beach Landfill Quarterly & Semi-Annuals.
Pay from Sanitation Fund---431-341-5-962-00
J. F. HOFF ELECTRIC
Periodic Est. #8 - P.O. #82716 - Motor Control Centers 1 & 2 at
the Water Treatment Plant per bid specifications.
Per bid 11/21/89, Commission approved 12/5/90.
Pay from Utility Capital Improve.---404-000-0-690-10
LANTANA PEAT & SOIL
P.O. #85984 - Partial payment #2 for Top dressing Fore Greens
& Tees.
Pay from Golf Course Fund---411-727-5-345-00
Piggyback Manatee County Bid, Co~nission approved 9/18/90
}{AC PAPERS INC.
160 cartons 8 1/2 x 11 and 30 cartons 8 1/2 x 14 Copy Paper
to restock inventory supplies @ Warehouse.
Pay from Warehouse Fund---502-000-0-410-10
State Contract #645-120-90-1
5,940.00
21,945.10
1,725.00
5,234.90~
MATRXMEDICAL, INC.
P.O. # 86140 ~ Partial payment #1 for emergency medical supplies
for Fire Dept.
Pay from General Fund---001-221-5-371-00
3M COMPANY
22 Packs 4" White Letters for signs and various signs for Street
Dept.
Pay from General Fund---001-411-5-348-00
State Contract #550-590-91-1
1,206.59
2,118.53
MOTOROLA
P.O. #85995 - Partial payment #3 for repairs not covered under
maintenance contract for Communications.
Pay from General Fund---001-197-5-431-00
OFFICE DEPOT
Furnishings for Fire Dept. Station #3.
Pay from Capital Improvement Fund---302-223-5-642-00
18,606.99
1,145.84
19.
RAYSIDE TRUCK & TRAILER
1 Flat Bed, Venco Hoist for Body, 1Liftmore Truck Crane plus
accessories & installation to complete new truck for Streets
Dept.
Pay from Vehicle Service Fund---501-193-5-688-00
Co~ission approved 11/7/90, School Board Bid #SB90C-289C
4,766.00
DON REID FORD 95,920.00
Eight 1991 Ford Crown Victoria's for Police Dept.
Pay from Vehicle Service Fund---501-193-5-688-00
Commission approved 2/20/90 and 11/7/90 - Bid #028-211-90/v n A , ln
JAN 2 1991
APPROVAL
20.
21.
E. J. SCHI{ADER C0.,INC.
22 mattresses to accompany new bunk beds at Fire Station #3
for new personnel.
Pay from Capital Improvement Fund---302-000-1-450-20
Commission approved 9/5/90
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
Statement for use of County Landfill during the month of
November, 1990.
Pay from Sanitation Fund---431-341-5-490-01
22.
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD
User charges for month of November, 1990.
Pay from Water & Sewer Rev---401-353-5-490-09
23.
24~
DR. PAUL D. THOMPSON
Case #SM-91-020 - IBF&O - City of Boynton Beach - Special
Master Fee.
Pay from General Fund---001-141-5-460-18.
OSCAR YAGI & ASSOCIATES ARCHITECTS, INC.
Inv. #1446 - Ezell Hester, Jr. Park Project - $9,675.80 and
Inv. #1445 - Rolling Green Park Project - $1,205.00.
Pay from Public Service Tax Constr. Fund
2,189.00
101,464.53
143,287.05
1,705.23
10,880.80
These bills have bean approved and verified hy the department
heads involved, checked and approved for payment.
Diane Reese, Asst. Finance Director
I therefore recommend payment of these bills.
Scott Miller, City Manager
COMMISSION
JAN ~ ]991
APPROVAL
Inv#12-458
Inv#12-474
Inv#12-479
Inv#12-485
$ 10,557.06 T.O. 13 Professional
services for the Design and Construction of
the Deep Injection Well Disposal System for
reject waters from the West Water Treatment
Plant
$ 4,961.30 T.O. 8D Professional
engineering services for additional work
in support of West Water Treatment Plant
Membrane Softening
$ 21,194.47 T.O. 10E Professional
engineering services during bidding and
construction of Improvements to the Boynton
Beach East Water Treatment Plant
$ 6,920.50 T,O. 10D Professional
engineering services during the bidding and
construction of Motor Control Centers at
East Water Treatment Plant
Total $ 43,633.33
Above Invoices for the Period of 10/25/90 thru 11/24/90
COMMISSION
JAN :~ 1991
APFROVAL