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Minutes 11-07-90 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALLi BOYNTON BEACH, FLORIDA, WEDNESDAY, NOVEMBER 7, 1990 AT 6:00 P.M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Denys "Sam" DeLong, Commissioner (Appointed during meeting under "Openings - G") Arline Weiner, Commissioner J. Scott Miller, City Manager Sue Kruse, City Clerk Jim Cherof, City Attorney Mayor Moore called the meeting to order at 6:00 P.M. There was a moment of silent prayer followed by the Pledge of Allegiance to the Flag which was led by Vice Mayor Lee Wische. AGENDA APPROVAL Commissioner Artis indicated there were some remarks she would like to make under ANNOUNCEMENTS. After Commissioner Weiner concluded her remarks under NEW BUSINESS, Mayor Moore wished to discuss the following topics: Campaign Ads, McDonald's Restaurant Proposed Playground, Beauty Shop at 1100 S. Federal Hwy. - Zoning Problems, Status of Census Recount and Boy Scouts. Under LEGAL C. 14., City Manager Miller added Blum Plat - Mindy Hill Letter of Credit and C. 15. Resolution - Palm Beach County Community Development Block Grant Amended Agreement. Under ADMINISTRATIVE I., Mr. Miller added Fire Station No. 3 - Change Order No. 11. Under CITY MANAGER'S REPORT, Proposed Settlement Offer from Seppala & Aho was added. Under PROCLAMATIONS C., National Business and Professional Womens Week was added. Commissioner Weiner moved to approve the Agenda as amended. Vice Mayor Wische seconded the motion which carried 4-0. ANNOUNCEMENTS Special City Commission Meeting Set for November 19, 1990 on the Creation of a Community Development District for Quantum Park Mayor Moore announced a Special City Commission meeting was scheduled for November 19, 1990 at 5:00 P.M. to hear the Petition as filed by Quantum Corp. Park on the establishment of a Community Development District. The Mayor asked the MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 City Manager who called this Special Meeting. There was discussion about the Notice of the Special Meeting which had been signed by four Commissioners. Commissioner Weiner and Commissioner Artis indicated that when they signed the Notice they didn't realize they were signing a Notice to call a Special Meeting. They thought the meeting had already been called. The Mayor felt that since the majority of the Commissioners had not actually called the meeting, it should be struck from the Agenda. The topic could be discussed at the regular Commission meeting on November 20, 1990. The Mayor thought the reason the meeting had been called for the 19th was because former Commissioner Bob Olenik thought he would be off the Commission on the 20th. Discussion took place about the ad run by the developer. Mr. Ed Deutsch of Quantum Corp. Park indicated that in view Qf the signed Special Meeting notice, Quantum Corp. Park had sltarted the advertisement process. Carrie Parker, Assistant City Manager recalled getting verbal approval from three of t~e Commissioners relative to calling the Special Meeting prior to the written notification being signed. City Attorney Cherof believed verbal approval was satisfactory. The subsequent notice would need to be in writing. There was further discussion on this topic and proposed Ordinance No. 90-53 establishing this Community Development District later in the meeting under LEGAL B. Ordinances - First Reading. 2. Proclamations Veterans Day - November 11, 1990 b) Crime Awareness Week - October 27 - November 4, 1990 c) National Business and Professional Womens Week - October 21 through October 27, 1990 Mayor Moore indicated the Proclamations would be signed and f~orwarded to the appropriate parties. The Mayor announced City Hall would be closed on November 12, 1990 for Veterans Day. Commissioner Artis under this segment ~RESENTATIONS withdrew her request to make remarks of the meeting. Presentation and Thank You by Congress Middle School Terry Whidden, Vera Garcia and Marcia Belkin 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYlqTON BEACH, FLORIDA NOVEMBER 7, 1990 Marcia Belkin and Terry Whidden of Congress Middle School reported on the trip to the Soviet Union made by the Congress Middle School Handbell Ringers. The City had pro- vided financial assistance to make the trip possible. Much good will had been spread by this exceptional and educa- tional trip. The children were excited as they had been photographed with Soviet President Gorbachev. There had been a national television broadcast in the Soviet Union about the Handbell Ringers. Mayor Moore was presented with a framed copy of a concert program which had been appre- ciatively signed by the children. Mr. Whidden thanked the Commission on behalf of the School Board, Congress Middle School and the Handbell Ringers. 2. Certificate of Achievement for Excellence in Financial Reporting City Manager Miller reported the City had for ten years in a row received the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association. Mr. Miller presented the Award to Grady Swann, Finance Director and extended congratulations. Tammy Standifer, Accountant III was also presented with the Award as she was the primary person responsible for the financial documentation. 3. Leslie Sealey, Project Director - Boynton Community Life Center Introductory remarks were made by Commissioner Weiner and Mr. Hal Benson explaining the history and significance of this pilot program which will operate out of buildings adja- cent to Poinciana Elementary School. Mr. Leslie Sealey had recently been named Project Director for the Center which will provide assistance to 75 at risk pregnant women and ~heir families. The goals of the program were outlined. Some of these are to reduce the incidence of child abuse and neglect, to encourage long-term economic self sufficiency and to increase the number of young mothers returning to school and work. Mr. Sealey explained he would need a tre- mendous amount of support from politicians in the City. Mr. Sealey hoped to begin providing services beginning in January, 1991. Consider Appointment to replace Commissioner Bob Olenik, Jr. Mayor Moore stated Mr. Olenik's Commission seat became vacant on the morning of November 7, 1990. City Attorney Cherof explained Section 51 of the Charter provides that f!ollowing a vacancy, at the next regular meeting or as soon 3 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 as possible, the Commission shall elect a qualified citizen to serve until the next General Election. If the majority of Commissioners are unable to agree after two regular meetings, a Special Election will be called. The Mayor referred to many citizens' requests to speak and he pointed out the Commission had an obligation to fill the seat as expeditiously as possible. He stated there was no provision in the Charter for Public Hearing or notice. Several weeks back the Commission had asked that anyone interested in serving on the Commission file an application expressing interest. The Mayor recommended the Commission proceed directly with nominations. Under Robert's Rules of Order, he did not believe it was essential for the nomina- tions to be "seconded," but rather, if the majority of the Commissioners agreed on the nominee, the person could be sworn in. Commissioner Weiner moved that the persons who had put requests to speak, be allowed to be heard. The motion died for lack of a second. There were numerous persons in the audience who wished to speak. City Attorney Cherof verified there was no Public Hearing requirement. Commissioner Weiner believed any citi- zen who wanted to speak on an agenda item should be allowed to speak. She pointed out this is a democracy. Discussion ensued. Commissioner Artis remade the motion that the persons be allowed to speak. Commissioner Weiner seconded the motion which carried 3-1. The Mayor voted against the motion. Cynthia Greenhouse, 618 N.E. 20th Lane referred to "cronyism" and pointed out one of the applicants had recently moved into the district. The person had served as campaign manager for two members of the present Commission. Mrs. Greenhouse was concerned that the City Clerk had pro- vided notice to the public that citizens had until November 20, 1990 to submit applications for the seat. An appoint- ment at this meeting, in her opinion, would be invalid. Mrs. Greenhouse stated the Code states the person is to reside in the district for 60 days prior to taking office. In an appointment situation, rather than an election situation, City Attorney Cherof stated the citizen does not have to reside in the district 60 days before taking office. Mayor Moore referred to a large advertisement recently run in the newspaper calling for an election. Shirley Stevens stated from the audience that the Boynton Citizens Coalition 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 was not responsible for the advertisement. The Mayor felt the ad was a second degree misdemeanor and he wanted to know who was responsible for it. Henrietta Solomon, 230 N.E. 26th Avenue read a segment from an old letter from Gene Moore to Paul Levine. In the letter the Mayor Moore said he would not condone actions on the part of City personnel that might be interpreted as cronyism for political purposes. Mrs. Solomon encouraged the Commission to abide by that and to demonstrate honorable actions. Shirley Stevens, Chairwoman of the Boynton Citizens Coalition thought that since there is over one-half of former Commissioner Olenik's term remaining, an election should be called. She referred to potential cost to the taxpayers if there was a Commissioner on the dais that does not answer to the citizens "but answers to two people up there." She recommended money be spent for the election. Ms. Stevens stated the Boynton Citizens Coalition takes no positions on any of the candidates. Remarks were exchanged by the Mayor and Vice Mayor and Ms. Stevens. Commissioner Weiner referred to Robert's Rules of Order not allowing for Commissioners to intimidate or make fun of people coming before the Commission. She asked the City Attorney about this. Mr. Cherof responded the rules of decorum apply to the people on the dais as well as the people in the audience. If the presiding officer of the Commission chose to not follow those rules of decorum, Commissioner Weiner asked what recourse the rest of the Commission had. Mr. Cherof replied any Commissioner could make a motion to require the Chair to follow the Rules. Commissioner Weiner moved that the Mayor follow Robert's Rules of Order, which had been adopted by the Commission. She then asked what the recourse was if the Chairman did not wish to follow the Rules of Order. Mr. Cherof responded if there was an appropriate motion passed, the Chair could be compelled to pass the gavel. Lynne Matson, President of Boynton Lakes North Homeowners ~ssoc. stated she represented 800 homeowners. Her community ~ould like the chance to exercise their right to vote. She s~tated for the record that the Boynton Citizens Coalition did not place the previously mentioned ad in the paper. She pointed out the name at the bottom of the ad was not her qoalition. The Boynton Citizens Coalition is chartered. Iif there were an election in which she would run, she would n~o longer be part of the Coalition. Ms. Matson was proud to hlave been the first person to apply for the vacant seat on t~e Commission. 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 Mr. John A. Znaver, 3 Dalton Place asked the Commission to hold an election so he could vote on this issue. Betty Zolten, 2600 N.E. 1st Lane, asked why it should be necessary to hold a Special Election. Ms. Zolten felt Dee Zibelli was the best choice to represent District 4. Ms. Zibelli had lived in the district for 29 years. A Petition in support of Ms. Zibelli was presented to the Commission. As there were no further written requests to speak, Commissioner Weiner nominated Bob Olenik, Jr. for the District 4 seat. Commissioner Artis pointed out they were not just talking about $10,000 for an election. Four months from now there would be another election. She pointed out Commissioners represent the entire City. She read a letter from Denys "Sam" DeLong expressing Mrs. DeLong's willingness to serve and outlining her background. Commissioner Artis nominated Denys "Sam" DeLong. Mayor Moore supported the nomination and felt "Sam" was one of the hardest working public ser- vants in the City. Vice Mayor Wische moved to close the nominations. The motion was seconded and passed 4-0. The Mayor called for a vote of all those in favor of Mrs. ~eLong's appointment. The motion carried 3-1. Commissioner Weiner voted against the motion. The Mayor asked that Mrs. DeLong be sworn in. Commissioner Weiner wished to make a s~tatement before the swearing in. Vice Mayor Wische moved that Mrs. DeLong be sworn in before Commissioner Weiner's r!emarks. Commissioner Artis seconded the motion which Carried 3-1. Commissioner Weiner voted against the motion. The City Clerk proceeded to administer the Oath of Office to Mrs. DeLong. Mrs. DeLong joined the other Commissioners on t~e dais and Mayor Moore declared her duly seated under the provisions of the Charter. Ms. Regina Hilpl, one of the persons that had submitted a ~ritten application to serve on the Commission, asked Mayor Moore why the names of the other interested persons had not elven been mentioned. The Mayor stated that after reviewing the qualifications, he had to vote for the most qualified person. Commissioner Weiner thought this was a sad evening for the City of Boynton Beach. She pointed out Commissioner DeLong hlad worked as the campaign manager for Mayor Moore and ~ommissioner Artis. Commissioner Weiner stated Commissioner 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 Artis and Commissioner DeLong are best friends. The rela- tionship between these three people was "politically incestuous" in Commissioner Weiner's opinion. She felt every vote will be tainted by this relationship. Commissioner Weiner thought Commissioner Artis and Commissioner DeLong had lost the asset of independent thought that should govern the actions of elected officials. Commissioner Weiner thought both women were bound by per- sonal and political ties to the Mayor and each other. Commissioner Weiner urged the citizens to keep track of the voting patterns of the Commissioners. Mayor Moore responded to Commissioner Weiner's remarks. Commissioner DeLong stated she wished to dedicate the remaining months of her term to her late husband George DeLong, her late father-in-law Joe DeLong and her own father Edward David ~laherty~ She intended to devote her full energy and independent thinking to her responsibility. She was proud to serve. City Manager Miller presented a Plaque to former Commissioner Bob Olenik, Jr. in appreciation for his dedi- cated service to the City. Mr. Olenik thanked City staff, the citizens and the Commissioners. He stated he had served to the best of his ability. Congratulations were extended to Representative-Elect Mark Foley. Mr. Olenik asked the Commissioners to be unbiased and independent in their thinking and to make their decisions in conformance with Florida's Sunshine Law. BIDS None. PUBLIC HEARINGS - Unadvertised A. Consider appeal of Community Appearance Board's Decision - Sunshine Square Blockbuster Video Mr. William Sulzbacher, President of Lakewest Equity Management Corporation introduced several merchants from the shopping center, as well as Mike Kinstle of Blockbuster Video. Sunshine Square wished to appeal the CAB's decision. Mr. Sulzbacher felt the variance to the center's sign program was crucial to Sunshine Square. Since the CAB's decision of denial, the applicant had placed a section of the blue canopy with the Blockbuster lettering up on the center's facade, adjacent to the aqua band, so the Commission could see what it would look like. Blockbuster Video's usual sign package had been "pared down" somewhat and the "torn ticket" logo had been eliminated. Color MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 photographs were made available. The applicant felt the blue and aqua were compatible colors. Mr. Sulzbacher thought the CAB had made a subjective decision. Discussion took place about the large number of people Blockbuster Video draws to this older shopping center. Mr. Sulzbacher stated the stores with the Blockbuster sign package do 25% more business than those without it. In the past, Blockbuster had opened some stores without the regular sign package but Mr. Sulzbacher stated the company has no intention of opening future stores if they cannot get the required signage. He explained this situation is different from the Boynton Center's treatment where the yellow canopy is the primary focus. Vice Mayor Wische moved to approve the variance. Commissioner Artis seconded the motion which carried 4-1. Commissioner Weiner voted against the motion. B. Consider approval of sign variance I. Boynton Bicycle Shop City Manager Miller stated this application came before the Commission with a recommendation for approval from himself and the Building Official, with the condition that all pro- visions of the Sign Code are met. The City Manager and Building Official were overruling the recommendation of Michael Haag, Building & Zoning Director. Vice Mayor Wische moved to accept the recommendation of Staff. Commissioner Artis seconded the motion which carried 5-0. 2. Post Landings City Manager Miller stated this application came with the approval of both the Building Official and his own office, providing that all other provisions of the Sign Code are met. Representatives for the applicant were present in the audience and nodded their heads in agreement. Vice Mayor Wische moved to grant the variance. ~rtis seconded the motion which carried 5-0. C. Consider approval of lien appeals Commissioner 1. Biana Jones - Case ~88-2552 Don Jaeger, Building Official indicated there had been ~ompliance in this case. The Code Enforcement Board had 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 reduced the amount owed to $250 to cover the Affidavit of Compliance. Staff recommended the Commission withhold the entire amount of the administrative costs. City Attorney Cherof explained the Code Enforcement Board had made a recommendation. The Commission could accept that recommen- dation, reject it or modify it. In view of the fact that Mrs. Jones had already paid $200 to get to this point and Commissioner Artis didn't feel she should have to pay any more, Commissioner Artis moved that the entire amount be deleted. The figure should be reduced to zero. Mayor Moore passed the gavel and seconded the motion which FAILED 2-3. Vice Mayor Wische, Commissioner Weiner and Commissioner DeLong voted against the motion. The gavel was returned to the Mayor. Commissioner Weiner moved that the figure be reduced to $250 as recommended by the Code Enforcement Board. Vice Mayor Wische seconded the motion which carried 5-0. Mayor Moore elaborated on why he felt there was something integrally wrong with the Code Enforcement system. In his opinion, the cases always seem to be in certain areas of the City, which is not right. The Mayor stated the City should clean up its own properties before it goes after private citizens. Other opinions were expressed. 2. Boynton Beach Congregational Church of Christ - Case #89-3439 Mayor Moore stated the Code Enforcement Board recommendation was to reduce this to $250. Vice Mayor Wische moved to approve the recommendation. Commissioner Weiner seconded the motion which carried 5-0. 3. Letizia Camardella Case ~89-382 Mr. Miller stated this case was cited for a similar action and brought before the Code Enforcement Board in 1988. Leniency had been granted at that time and this involved the same violations. The Code Enforcement Board recommended a reduction to $250.00. This case had complied. Vice Mayor Wische moved to approve the recommendation. Commissioner Weiner seconded the motion which carried 5-0. PUBLIC _AUDIENCE Wilda Searcy, 402 N.E. 13th Avenue was grateful that an election was held last year whereby the voters selected Commissioner Lillian Artis for her seat. Ms. Searcy 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 suggested that affordable housing be constructed on the Ezell Hester Park property. She also recommended construc- tion of an amphitheater which she thought should be named after former Commissioner Hester. Rev. Douglas Davis, 301 N.E. 13th Ave. thought the citizens were dissatified with the Commission's "tactics." He felt the citizens were entitled to vote their convic- tions. Relative to the City's Sanitation workers, he urged the City to not lay workers off as these employees have families to support. Rev. Davis thought perhaps it was time for some of the Commissioners to submit their resignations from the Commission. Mayor Moore responded the Commission was looking into whether it was possible to provide sanitation service more economically and yet still preserve the rights of City workers. The Mayor stated no one would lose their job and the employees might even end up in a better position if pri- vitization is considered. Mr. Richard Parsons, owner of Captain'Frank's Seafood on Boynton Beach Blvd. was trying to put a 14' addition on the rear of his business and add more parking to accommodate customers. He was having great difficulty in the permit process. He had gotten caught up in the Comprehensive Plan process which changed his zoning to C-1. Mr. Parsons had been involved in meetings with various City Officials. The City Manager had told Mr. Parsons previously that he needed to bring in a full set of plans for review. If Mr. Parsons wanted to go with a corridor Change, that would involve a Plan amendment and that would take time. The Mayor recalled previous Interim Planning Director Tim Cannon said it could be done if you isolate one lot and then cover the whole corridor later. The Mayor stated no one said the City wanted to do the whole corridor unless and until compliance with all requirements was achieved. Mr. Parsons could get a Building Permit upon submission of an approved Site Plan and then provide working drawings. The City Manager stated that was correct. Mr. Miller referred to discussion with Mr. Parsons and former Interim Planning Director Jim Golden where they came up with a way of ~andling this. Mr. Miller didn't believe plans were ever submitted in connection with the addition on the rear of the building. Now it appeared that Mr. Parsons had come up with an entire site plan involving two lots. That was completely different than the site plan discussed previously. There was discussion on the sequence of events. 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 Don Jaeger, Building Official stated that prior to sub- mitting for permit the applicant must go through the site plan approval process. Mr. Parsons had submitted a very preliminary site plan. The TRB had processed it and pro- vided comments. Mr. Parsons stated he had received no such comments from the TRB. Mr. Jaeger indicated a proper site plan needs to be submitted to the Building Dept. for analy- sis. Mr. Jaeger stated he would meet with Mr. Parsons the next day to try and iron this out. DEVELOPMENT PLANS A. CONSENT AGENDA - UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD None. B. NON-CONSENT AGENDA Final Plat Approval Woolbright Place Plat $1 (Tradewinds Development) City Manager Miller had provided the Commission with Agenda Memorandum No. 90-322 on this topic. Mr. Miller stated there were some legal and engineering concerns. Mr. W. Richard Staudinger was the Consulting Engineer with Gee & Jenson who was responsible for signing this plat off. Mr. Michael Morton stated he had been under the impression that everything submitted was in good form. Vice Mayor Wische thought everything had been agreeable except "signing ~ff" had not taken place by the Engineering, Utilities and planning Depts. Mr. Staudinger stated the Engineering Dept. had not signed off. Engineering had received the documents that very day for review. In making a cursory review, there appeared to be a problem with a maintenance easement adja- cent to one of the tracts which is not in the dedication language. Mr. Staudinger needed at least a day to look at the documents closely. He needed to check the legal description to make sure it was on the plat. Relative to the Deed, Mr. Morton believed everything referencing the Deed and transfer had been taken care of. The Mayor suggested approving the final plat, subject to the City Engineers and City Attorney signing off. Commissioner Weiner was not comfortable with that. The question was raised as to whether the Planning Dept. had signed off. Vince Finizio, Administrative Coordinator of Engineering Stated the Planning Dept. had not signed off yet. The Commission did not have any backup from the Planning Dept. in their packets. Mr. Miller referred to a couple of points ~hat Planning Director Cutro still needed to take a look at. 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 City Attorney Chero£ stated the first Special Warranty Deed received by the City had a clause in it that indicated if the City was not to use the property for a park, the pro- perty would revert to the property owner. The City had requested that language be deleted as it was not part of the agreement entered into. Mr. Cherof had not yet seen a copy of the corrected Deed bearing the appropriate signatures. Mr. Morton noted the City wants to reserve the right to use the property as it sees fit, which included selling it. He stated that was fine with Tradewinds. A previous Opinion of Title received had indicated there was a mortgage on the property. Mr. Cherof had been advised that was an opinion made in error and he had received a Supplemental Opinion of Title indicating there is no recorded mortgage. Mr. Cherof had requested a copy of that mortgage so it could be compared to make certain it does not elncumber this property. Legal discussion took place. Commissioner Weiner was all for expediting this matter and she was even willing to support calling a special meeting the next day. She felt these departments should be provided t!ime to.review the material properly. Mr. Morton didn't r!eally want to wait another two weeks. He stated this Plat, the easements and everything engineering-wise had been in Mr. Finizio's hands for two months. Mr. Morton stated that "iwithout a City Engineer to review these documents, we run iinto these constant delays." Mr. Staudinger stated Gee & ~enson had just been provided the documents that very day. There was discussion. Mr. Morton stated if it would take a f!ew more days to satisfy the parties involved, Tradewinds could wait a few more days. Mr. Finizio stated he per- sionally did not have possession of any of these plat docu- ments prior to this very day at 1:30 P.M. The Mayor wanted t:o get this moving and he indicated he would be willing to call a special meeting if need be. Mr. Morton stated Tradewinds had made a formal request for a ~eduction of surety put up for the completed construction work in the PCD. This was supposed to be an agenda item at this meeting. As it was not included on tonight's agenda, Mr. Morton asked that it be included on the next agenda. Mr. Morton had provided a certified engineer's statement as tlo completeness of the work. Time extension of site plan - Boynton Lakes Plaza (Hypoluxo Road and Congress Ave.) Attorney Rick Harris representing the applicant explained that in June, 1990 they had received a six-month time exten- 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 sion. That will expire on December 5, 1990. The applicant was concerned that they may need an extension. Attorney Harris reported on progress that has been made. Commissioner Weiner moved to approve a six-month extension from the present deadline. This is given in one month increments, subject to approval of the City Manager. Staff has favorably recommended this request. Vice Mayor Wisc~ne seconded the motion which carried 5-0. LEGAL C. Resolutions: 14. Resolution No. R90-176 Re: Blum Plat - Mindy Hill Letter of Credit "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ACCEPTANCE OF THE FIRST AMENDMENT TO THE MINDY HILL SURETY AGREEMENT FOR THE "BLUM PLAT", AND THE RELATED LETTER OF CREDIT." City Manager Miller asked that this item be taken out of order on the Agenda as the applicant's attorney was present. Attorney Steve Daniels explained the Performance Bond was being transferred to a new purchaser and a new Letter of Credit was being provided. He was present to make sure this is voted on by the Commission so he can advise his client. Mr. Miller indicated staff had no problem with this. Vice Mayor Wische moved to adopt Resolution No. R90-176. Commissioner Artis seconded the motion which carried 5-0. A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. Re: Repealing Section Occupational Licenses 90-50 13-8 of the Code of Ordinances - City Attorney Cherof read proposed Ordinance No. 90-50 by Caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING ARTICLE I. CHAPTER 13. SECTION 13-8. HOW TAX CONSTRUED AS TO SPECIFIED PROFESSIONS. OF THE CODE OF ORDINANCES: PROVIDING THAT EACH AND EVERY OTHER SECTION OF ARTICLE I. CHAPTER 13 NOT SPECIFICALLY HEREIN REFERRED TO SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILIT¥ CLAUSE: PROVIDING AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE." 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 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. 90-50 on second and final reading. Vice Mayor Wische 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 - Aye Motion carried 5-0. 2. Proposed Ordinance No. 90-51 Re: Cross Connection Control Program City Attorney Cherof read proposed Ordinance No. 90-51 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH PROVIDING FOR THE PROTECTION OF THE PUBLIC POTABLE WATER DISTRIBUTION SYSTEM FROM CONTAMINATION OR POLLUTION DUE TO CROSS-CONNECTION, BACKFLOW OR BACK-SIPHONAGE OF CONTAMINANTS OR POLLUTANTS THROUGH THE WATER SERVICE CONNECTION; PROVIDING FOR DEFINITIONS; PROVIDING FOR BACKFLOW PREVENTION DEVICES; PROVIDING FOR INSPECTION, TESTING AND MONITORING OF BACKFLOW PREVENTION DEVICES; PROVIDING FOR BACKFLOW PREVENTION PERMITS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR 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 approve proposed Ordinance No. 90-51 on second and final reading. Vice Mayor Wische 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 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 Motion carried 5-0. 3. Proposed Ordinance No. 90-52 Re: Police Parking Fines City Attorney Cherof read proposed Ordinance No. 90-52 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYlqTON BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 14 MOTOR VEHICLES AND TRAFFIC BY AMENDING SECTION 14-11. CIVIL PENALTIES.; PROVIDING FOR AN IMPLEMENTATION DATE; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND 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 90-52 on second and final reading. Commissioner DeLong seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Artis Commissioner DeLong Commissioner Weiner Mayor Moore Vice Mayor Wische Motion carried 5-0. Aye Aye Aye Aye Aye B. Ordinances - 1st Reading 1. Proposed Ordinance No. 090-53 Re: Creation of a Community Development District - Quantum Park City Attorney Cherof read proposed Ordinance No. 090-53 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A COMMUNITY REDEVELOPMENT DISTRICT; MAKING CERTAIN FINDINGS OF FACT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING THE DISTRICT; NAMING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS OF THE DISTRICT; PROVIDING POWERS FOR THE DISTRICT; PROVIDING FOR CONFLICTS: PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE." 15 MINUTES - REGULAR CITY COMMISSION ~EETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 City Attorney Cherof indicated there would be an amendment to Section 5 which is the names and addresses of the initial Board of Supervisors. Mr. Harry Marcus, 650 Horizons East, had been involved in extensive research on the topic of Community Development Districts. The Mayor requested Mr. Marcus' findings. Mr. Marcus provided technical financial information on the City's bond rating, 1980 State legislation allowing Community Development Districts to finance infrastructure on large projects and the sale of tax exempt municipal bonds. He referred to the formation of a miniature type of govern- ment for the district with its only authority being the abi- lity to determine its finances and to assess the property owners within the district for the purpose of maintenance costs. Relative to liability and the City, Mr. Marcus stated that on any initial presentations, the City definitely was not liable on principal or interest. However, in the event of expansion or termination of this project, Mr. Marcus explained the City could be liable because if the City acquires any of the property or any unpaid obligation or interest, the City must pay. Mr. Marcus referred to the list of five names of the Board of Supervisors of the proposed district. He commented on the fine reputation of one of the persons who would be serving. He also commented on "the competition" having the right to petition for the same type of relief as Quantum is seeking in this district. Mr. Ed Deutsch complimented Mr. Marcus on his presentation. Mr. Deutsch disagreed to a limited extent, however. Mr. Deutsch stated the district could only affect property within Quantum Park. It cannot, by law, affect any other property outside Quantum Park. Technical explanation was provided. Mr. Deutsch clarified it was not the public who Would own the bonds, but rather it would be a bond holder, usually major institutions. The bond holder does have pro- ~ections as called for in Florida Statutes. Mr. Deutsch stated the Board of Supervisors' only power was to finance and maintain the park. It is not a substitute for the Commission or City. As to potential City liability, Mr. Deutsch didn't feel ~here was liability and he stated the Statutes indicate it cannot become an obligation of the City unless the City affirmatively acts. If it would make the Commission more comfortable, Quantum was agreeable to having the matter ~pproved through a City referendum. Quantum was so con- 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 fident it would not go "belly up" that they felt the referendum would give the City greater protection. Dr. Henry Fishkind, a Professor and Economist with much experience in this particular area complimented Mr. Marcus on his fine overview. Dr. Fishkind explained the bonds are generally issued in $100,000 denominations (or higher) intentionally, so that only "sophisticated" investors are in the market for this type of bond. Data was viewed which illustrated potential income and tax benefits to the City. The data showed that over a seven year period, the tax increase to the City through its economic base would be between $1,000,000 to $2,000,000. Mayor Moore asked if there was any possibility of financial liability on the part of the citizens or could the City's financial credibility be impacted in any way because of involvement. Dr. Fishkind stated in the worst case sce- nario, if the bonds were sold and the project later defaulted, the standard lien provision under Florida law would take effect and there would be tax certificates sold. If after two years the tax certificates were not redeemed, the park would be auctioned for tax purposes. There could be no liability to the City or its citizens under that worst case. The Statute indicates the debt of the district is in no way a debt of the State or any jurisdiction in the State. Dr. Fishkind stated there had been some argument that a default within the City could affect the City's bond rating. H~e did not believe that was the case and he had never seen such a situation. Remarks were made about the Palms of Tierra Siega district which had become financially insolvent. Dr. Fishkind explained that district was formed and its activities occurred prior to 1984 when Chapter 190 of Florida Statutes was revised. Prior to that date, there was no requirement that a trustee receive the funds. In that case the funds were provided to the developer and the developer "skipped town." Discussion took place regarding the function of the t~rustee. The Board of Supervisors of the district is controlled by the developer during the first six years of its life. If there Were a voluntary termination by the district, the Mayor asked if there was any possibility of liability falling back on the City. City Attorney Cherof responded the way the Statute is structured, it could not occur, unless the City did something "affirmative." It would only fall upon the City if the City acted voluntarily to accept the responsibility. 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 Commissioner Weiner hoped Quantum Park would be a thoroughly successful venture. However, in view of the facts, she thought the safest thing to do was to leave things the way they are. Former Commissioner Bob Olenik remarked that if this Ordinance did not pass at this meeting, it would not go on to second reading. Therefore, there would not be a Public Hearing on it. Sometimes comments from the public can sway an unconvinced Commissioner. He thought perhaps the Commission should revisit when they have their Public Hearings on Ordinances. Mr. Olenik stated his fears had been allayed and there was very little opportunity for the City to get hurt on this. He viewed this as one way for the City to assist economic development. He hoped the Commission would at least move this to second reading before an ultimate decision is made. Discussion took place regarding the fact that a Public Hearing had been advertised. City Attorney Cherof remarked that if the Commission chose to they could table the issue and conduct the Public Hearing as advertised. They would be On sound ground doing it that way. Mr. Cherof stated that ~onight's discussion by the public did not satisfy the Public Hearing requirements of the Statute. Conversation resumed on the Special Meeting notice which had been prepared for the November 19, 1990 meeting. The City Manager indicated he would come up with a new meeting notice making the intent more clear. The Mayor explained why he was not comfortable proceeding With the district. He thought the Commissioners all wanted the park to succeed. There was discussion about whether to proceed with a vote at this time. Commissioner Weiner was concerned that the formal advertised Public Hearing had not been held yet. The Mayor pointed out that any Ordinance ~hat is voted down on first reading never goes on to Public Hearing. City Attorney Cherof recommended this be tabled until the ~ublic Hearing could be held on November 19, 1990. He ~ointed out the Statute that deals with this indicates the ~ommission. shall consider the record of the Public Hearing i!n making its determination to grant or deny the Petition to establish the Community Development District. The Commission would be on better ground that way. Motion Commissioner weiner moved to table this topic and consider i!t at Public Hearing on November 19, 1990. Vice Mayor Wische seconded the motion. 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 There was discussion. The Notice of Hearing published by the petitioner indicated that a Public Hearing would be held on the Petition on November 19, 1990. It did not say anything about it being first or second reading. Mr. Miller pointed out the Notice of the Special Meeting for the 19th did refer to second reading but that Notice could be redone. Mr. Cherof agreed. It was clarified that the Public Hearing and first reading would take place on November 19, 1990. Mayor Moore called for a vote of all those in favor of the motion. The motion carried 5-0. Mayor Moore declared a brief recess at 9:00 P.M. meeting resumed at 9:10 P.M. The 2. Proposed Ordinance No. 090-54 Re: Bidding Threshold Ordinance City Attorney Cherof read proposed Ordinance No. 090-54 by caption only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA REPEALING SECTION 64 and 64.1 OF ARTICLE IV OF THE MUNI- CIPAL CHARTER; REPEALING ARTICLE IV, CHAPTER 2 OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA AND CREATING A NEW ARTICLE IV OF CHAPTER 2 OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA, ENTITLED "PURCHASING AND CONSULTANTS"; PROVIDING FOR AUTHORITY TO CODIFY, SAVINGS CLAUSE, REPEALING PROVISIONS, AN EFFECTIVE DATE, AND FOR OTHER PURPOSES." Commissioner Weiner moved to adopt proposed Ordinance No. 090-54 on first reading. Vice Mayor Wische seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Motion carried 5-0. 3. Proposed Ordinance No. 090-55 Re: Convenience Store Security Act City Attorney Cherof read proposed Ordinance No. 090-55 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DEALING WITH CONVENIENCE STORE 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 SECURITY; PROVIDING FOR SHORT TITLE: PROVIDING FOR DEFINITION; PROVIDING FOR CONVENIENCE STORE SECURITY MEASURES; PROVIDING FOR TRAINING OF EMPLOYEES; PROVIDING FOR NONCOMPLIANCE FEE ASSESSMENTS AND CIVIL FINES; PROVIDING FOR SEVERABILITY: PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE." Commissioner Weiner moved to approve proposed Ordinance No. 090-55 on first reading. 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 Motion carried 5-0. C. Resolutions The Commission didn't have any problem with the following 10 Resolutions and agreed to address them with one motion. The captions to the Resolutions are provided for informational purposes. 1. Proposed Resolution No. R90-163 Re: Surety Release for St. Joseph's Episcopal Church "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE RELEASE OF SURETY FOR WATER SYSTEM IMPROVEMENTS BY ST. JOSEPH'S EPISCOPAL CHURCH." Proposed Resolution No. R90-164 Re: Ocean Ridge Agreement for Water Service "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 FOR SERVICE BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF OCEAN RIDGE; A COPY OF SAID AGREEMENT FOR SERVICE BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Proposed Resolution No. R90-165 Re: Dick Webber Child Abuse Center Lease 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 LEASE AGREEMENT 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 BETWEEN THE CITY OF BOYNTON BEACH AND THE EXCHANGE CLUB/DICK WEBBER CENTER FOR THE PREVENTION OF CHILD ABUSE FOR THE GOLD COAST, INC., A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Proposed Resolution No. R90-166 Re: Release of emergency reserve funds "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE DESIGNATED FUND BALANCE FOR EMERGENCY PROGRAMS; PROVIDING A CONFLICTS CLAUSE; AND PROVIDING AN EFFECTIVE DATE." Proposed Resolution No. R90-167 Re: Designate registered agent for Latchkey Program "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING DEBBIE SINTOW, RECREATION SUPERVISOR, AS THE REGISTERED AGENT FOR THE LATCH-KEY PROGRAMS LOCATED AT ROLLING GREEN ELEMENTARY SCHOOL AND POINCIANA ELEMENTARY SCHOOL; PROVIDING FOR AN EFFECTIVE DATE." Proposed Resolution No. R90-169 Re: Non-Disclosure Agreement - Hugh McCaffrey/Motorola "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 NON-DISCLOSURE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND MOTOROLA, INC.; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EX}IIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Proposed Resolution No. R90-170 Re: Agreement for Joint Project participation in construction for Military Trail from Steiner Road to Boynton Beach Blvd. 9¸. "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 PALM BEACH COUNTY, FOR JOINT PARTICIPATION IN CONSTRUCTION OF MILITARY TRAIL FROM STEINER ROAD TO BOYNTON BEACH BOULEVARD, BEING KNOWN AS PALM BEACH COUNTY PROJECT NO. 90515; A COPY OF SAID CONTRACT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Proposed Resolution No. R90-171 Re: Agreement between Palm Beach County and City reference Community Development Block Grant 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A/~D DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE USE AND BENEFIT OF ITS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." 10. Proposed Resolution No. R90-172 Re: Surety Release for Quail Lake Apts. (a/k/a/ Whaler's Cove) "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RELEASE OF SURETY FOR CONSTRUCTION WATER AND SEWER SYSTEM IMPROVEMENTS FOR QUAIL LAKE APARTMENTS." 12. Proposed Resolution No. R90-174 Re: Language Changes - Police Benevolent Association Union Contract "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING AND INCORPORATING CERTAIN CHANGES TO THE 1989/91 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION; A COPY OF SAID CHANGES BEING ATTACHED HERETO AS EXHIBIT "A": AND PROVIDING AN EFFECTIVE DATE." Commissioner Weiner moved to approve Resolutions 1 through 5, 7 through 10 and 12 (as numbered on the Agenda). Vice Mayor Wische seconded the motion which carried 5-0. 6. Proposed Resolution No. R90-168 Re: Contract with Gee & Jensen - Civic Center "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE PROPOSAL OF GEE & JENSON, DATED OCTOBER 30, 1990, FOR DESIGN SERVICES FOR CONSTRUCTION OF A RECREATION BUILDING; AND FOR AN EFFECTIVE DATE." City Manager Miller explained the revised proposal of Gee & Jenson which related to design services for a 6,500 sq. ft. recreation building near the current Civic Center. Many of the details are included in Charles Frederick, Director of Recreation & Parks memo No. 90-542 to the City Manager. Commissioner Weiner moved to table the matter of the Civic Center until problems with Seppala & Aho and Miller, Meier are cleared up and the City knows exactly where it stands. 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 Mr. Miller thought they could get the Seppala & Aho problem out of the way but he didn't think the Miller, Meier problem would be cleared up right away. Commissioner DeLong seconded the motion which carried 5-0. It was noted that the present Civic Center had been repainted. Improvements to the lighting have not occurred as that turned out to be a larger project than anticipated. 11. Proposed Resolution No. R90-173 Re: Countywide Planning Council - Jurisdiction over Land Use Element Only "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, FULLY SUPPORTING AND ENDORSING THE POSITION OF THE MUNICIPAL LEAGUE WITH REGARD TO THE JURISDICTION OF THE PALM BEACH COUNTYWIDE PLANNING COUNCIL; EXPRESSING GRAVE CONCERNS THAT THE COUNTYWIDE PLANNING COUNCIL HAS GREATLY EXCEEDED ITS JURISDICTION AS SET FORTH IN ARTICLE VII OF THE PALM BEACH COUNTY CHARTER BY INDEPENDENTLY PREPARING DRAFT POLICIES DEALING WITH ELEMENTS OF A COUNTYWIDE COMPREHENSIVE DEVELOPMENT PLAN AS OPPOSED TO LIMITING THEMSELVES TO THE PREPARATION OF A COUNTYWIDE FUTURE LAND USE ELEMENT; REQUESTING DELETION OF ALL DRAFT POLICIES PROPOSED BY THE COUNTYWIDE PLANNING COUNCIL EXCEPT THE SPECIFIC EIGHTEEN DRAFT POLICIES INCLUDED UNDER THE TITLE OF "FUTURE LAND USE ELEMENT"; REQUESTING THE MUNICIPALITIES TO CAREFULLY CONSIDER THESE EIGHTEEN DRAFT POLICIES FOR REWORDING, REVISION AND POSSIBLE DELETION THROUGHOUT THE PUBLIC HEARING PROCESS DURING THE MONTH OF NOVEMBER; REQUESTING ALL OTHER MUNICIPALITIES WITHIN PALM BEACH COUNTY TO ADOPT A SIMILAR RESOLUTION IN SUPPORT OF THIS POSITION BRINGING THE PALM BEACH COUNTYWIDE PLANNING COUNCIL INTO CONFORMITY WITH THE MANDATE OF THE VOTERS WHO ADOPTED THE REFERENDUM CREATING SUCH A COUNCIL IN NOVEMBER OF 1986; PROVIDING THAT THIS RESOLUTION BE SENT TO THE PALM BEACH COUNTYWIDE PLANNING COUNCIL, THE PALM BEACH COUNTY MUNICIPAL LEAGUE, AND THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Weiner pointed out that the Palm Beach Municipal League recommended the Countywide Planning Council have jurisdiction over the Land Use Element only. Vice Mayor Wische moved to adopt and support the position of the Palm Beach County Municipal League on this. Commissioner Weiner seconded the motion which carried 5-0. City Manager Miller pointed out the Planning Council had now come up with 180 policies on the Land Use Element which had 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 not yet been received by the municipalities. These policies may be brought forth this month, prior to the December 5 hearing, for consideration and adoption by the Planning Council. Bob Olenik, Jr. suggested the Commission send copies of the Resolution to all municipalities. He thought the Commission might want to request a report from Dan Richter, the City's representative to the Planning Council, on what the Planning Council has been doing and also make sure Mr. Richter is representing the City according to the direction the Commission wants to go. Commissioner Weiner requested through the City Manager that Mr. Richter send the Commission Minutes of the Countywide Planning Council meetings he attends. Mr. Miller indicated he would contact Mr. Richter to inform him of the Commission's position. 13. Proposed Resolution No. R90-175 Re: Lighthouse Square Marina - License & Easement Agreements "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE CERTAIN LICENSE AND EASEMENT AGREEMENTS BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND LIGHTHOUSE SQUARE MARINA; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS COMPOSITE EXHIBIT AND PROVIDING AN EFFECTIVE DATE." City Attorney Cherof pointed out there had been some discussion with respect with language in some of the docu- ments between some of the property owners involved. Chris Cutro, Director of Planning explained there is a minor problem with the License Agreement for Orange Grove Ave. They had come to agree that the License the Commission would need to approve would only be for the west 2' and a very small portion of a right-of-way to the west of the existing 25'. That way they will be able to build the parking lot and there will continue to be a road through there until Mrs. Hall, who owns property to the east, develops her pro- perty. Mr. Cutro suggested approval of the Resolution and staff could be instructed to change the legal. Mr. Cutro Stated there were other issues regarding Casa Loma Blvd. that Mrs. Hall's attorney wished to talk about. Mr. Cherof indicated the Commission could adopt the Resolution, subject to signoff by Planning and the City kttorney's office on the legal on the License for Orange Grove Ave. Mr. Cherof remarked a change to either Exhibit E or F would be required. He would double check which Exhibit. 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 Vice Mayor Wische moved to approve the Resolution with this understanding. Commissioner Artis seconded the motion which carried 5-0. 15. Resolution No. R90-177 Re: Palm Beach County Community Development Block Grant Amended 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 AMENDED AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR LAND ACQUISITION, A COPY OF SAID AMENDED AGREEMENT BEING ATTACHED ~ERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." City Manager Miller read proposed Resolution No. R90-177 by caption only. He explained this would extend a $150,000 Land Acquisition Grant which expires September 30, 1990 to April 1, 1991. It was recommended that the Agreement bet- ween the County and City be executed. Commissioner Weiner moved to adopt Resolution No. R90-177. Vice Mayor Wische seconded the motion which carried 5-0. OTHER 1. Village of Golf and City of Boynton Beach Interlocal Agreement (Previously Tabled) Vice Mayor Wische moved to remove this item from the table. Commissioner Weiner seconded the motion which carried 5-0. City Manager Miller explained a 12" trunkline would be put in along Woolbright Rd. The City had previously entered into an agreement with Palm Beach County relative to installing a trunkline south along Military Trail. There will be a loop behind Hunters Run. Water will be provided that section of the City. The Village of Golf consents to granting an easement to the City to install and operate the proposed water main within the Woolbright Rd. right-of-way. The City will construct a water main along Woolbright Rd. through the Village service area. Vice Mayor Wische moved to approve the Interlocal Agreement as recommended by staff. Commissioner DeLong seconded the motion which carried 5-0. 2. Requests from the Public and Board Members 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 City Attorney Cherof explained that he regularly receives requests from board members and other citizens for infor- mation regarding on-going City matters. Sometimes the per- sons request information before he has had a chance to advise the Commission collectively on legal matters. He requested direction on how to handle these requests for information as they can be very time consuming and detract from his office providing legal information to the Commission, City Manager and department heads. Discussion took place on the provisions of the Charter and the fact that the City Attorney serves as legal advisor to the Commission. The consensus was to stick with the Charter and for the City Attorney to draw the line, declining to discuss matters. Questions from Board members are to be answered at the time of the various Board meetings, by the assigned Attorney. Vice Mayor Wische suggested all the Boards be provided a memo to this effect. 3. Code Enforcement Board Lien Foreclosures City Attorney Cherof believed the documentation would sup- port proceeding with foreclosures in the following four cases: CEB No. 87-200002065 - Dr. Douglas & Joyce Love CEB No. 89-20000942 - Tom Gustafson Ind., Inc. CEB No. 89-200000758 - Julia Counsel c/o Anderson CEB No. 88-20003150 - Annie R. Knowles This will involve expenses for title searches on the pro- perties and Circuit Court filing fees. After conducting title searches, it was possible that Mr. Cherof might not recommend proceeding on all four. Commissioner Weiner moved to authorize Mr. Cherof to proceed with these forecloshres. Commissioner DeLong seconded the motion which carried 5-0. OLD BUSINESS A. Status report and recommendation - Neighborhood Housing Service Program City Manager Miller felt this was a worthwhile, viable program that should be considered for implementation by the City. However, due to the present financial condition of the City, he did not recommend funding for the program this fiscal year. It could be considered again next year. 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 Commissioner Weiner moved to accept the recommendation of the City Manager in this regard. Vice Mayor Wische seconded the motion which carried 5-0. B. Sign Code Comparison (Previously Tabled) The City's new Planning Director had not completed his review of this topic yet. The Commission chose to leave this item on the table. C. Local Option Gas Tax Carrie Parker, Assistant City Manager explained the contents of her Agenda Memorandum No. 90-045C. Currently the distri- bution of funds raised formula is 67%/33% (County/Cities). The County was contemplating changing this to 75%/25%. Mr. Miller recommended the present 67%/33% split be continued as the City cannot afford to loose the additional growth dollars. The City doesn't receive impact fees like the County. Ms. Parker pointed out that by law, the County does not have to follow the City's recommendation. Bob Olenik, Jr. pointed out the Municipal League was going to be asking the municipalities their position on this. The County made representations to the City of Boca Raton that would allow that City to keep the same split for ten years. Boynton Beach would like to get that as well. Commissioner Weiner moved to approve the recommendation of sitaff. Vice Mayor Wische seconded the motion which carried 5-0. Mr. Miller was asked to notify all interested parties of Boynton Beach's position. CITY MANAGER'S REPORT A. Property Settlement Offer from Seppala & Aho Mayor Moore asked that the Commission skip ahead to this i~tem on the Agenda. City Manager Miller stated Mort Offutt of Seppala & Aho had indicated he would like to close this project out and move on. Mr. Miller commented on how costly i!t can be legal-wise to go into Court on a matter like this. Mr. Offutt had indicated Seppala & Aho had agreed on a fligure of $300,000. There are remaining punchlist items t~otaling about $35,000. The final statement of accounting i!s $13,654. This related to charges for electric which Seppala & Aho should have been obligated to pay as well as ~umping charges and miscellaneous charges. This was an additional $48,645. The $278,943 retainage being held by t!he City should be subtracted. There is a $4,300 change order that the City feels it owes Seppala & Aho. Taking all Qf this into consideration, there is a total probable cost to the City of $65,402. Mr. Miller pointed out that 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 $278,943 and $4,300 of the $300,000 Seppala & Aho was willing to accept belonged to Seppala and Aho anyways. The City would have to get involved in taking care of the punch- list items itself. Mr. Miller stated the City would just have to accept the final statement of accounting and write it off. Mr. Miller explained that in exchange, Seppala & Aho would drop the lawsuit. All warranties and guarantees would be in full force and effect. There would be total release of liens. Mr. Miller didn't want the subcontractors to be strung along. He wanted them paid by Seppala & Aho. An Agreement would be drafted by the City Attorney covering these points. Hopefully, Seppala & Aho would open its records to the City in its pursuit of any damages against Miller, Meier. Mr. Miller made remarks about bringing back Hill York to take care of problems with the air conditioning. Mr. Miller recommended the Commission accept this proposal. Commissioner Weiner moved to accept the recommendation of ~he City Manager. Vice Mayor Wische seconded the motion which carried 5-0. Legal Problems with Miller, Meier, Kenyon & Cooper Relative to problems with Miller, Meier, the City Manager noted the City was moving into arbitration. The City had just received notification from American Arbitration and would be responding within ten days. NEW BUSINESS A. Items for discussion requested by Commissioner Arline Weiner 1. Zip Code Problems Commissioner Weiner commented on a problem with mail de- livery in the north end of the city where mail is delivered through the Lantana Post office. Although the residents in that area reside in Boynton Beach, they have a Lantana mailing address. Commissioner Weiner explained how one com- munity was able to solve this problem administratively. She ~oped the City Manager could write to Congressman Harry Johnston and to Congresswoman Pat Schroeder who serves on the House Post Office Committee to see if Boynton Beach can make some type of similar progress, while we push for ~ederal legislation. There were also remarks about the problem of phone numbers being allocated by zip code. 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 2. Legal Representation Commissioner Weiner explained several complaints had been received from members of the Planning & Zoning Board and the Code Enforcement Board on the quality of legal represen- tation on behalf of the City at their meetings. She believed the Commission would be better served by having the same person providing legal advice at City Commission meetings and workshop meetings. She hoped Josias & Goren would work to upgrade the experience and expertise of coun- sel assigned to City boards. B. Items for discussion requested by Mayor Gene Moore 1. McDonald's Restaurant - Proposed Playground Discussion took place regarding a childrens playground McDonald's would like to construct in front of their facility on S. Federal Hwy. Some members of staff did not feel the equipment met the Community Design standards and ~he Coastal Village theme in that area. McDonald's had been asked to appeal staff's decision to the CAB. Vice Mayor Wische thought the Community Design Guidelines applied to building construction, not design of playgrounds. Don Jaeger, Building Official explained the Guidelines apply to buildings, site amenities, landscaping and all of the items that make up the physical layout of the street. Bob Olenik, Jr. had discussed this new concept in playground equipment with a representative of McDonald's. He supported the playground arrangement which will be done in pastel colors and will cost about $50,000. Photographs of the playground were examined. Commissioner Weiner asked why the City has guidelines, if the City is not going to enforce them. Mayor Moore felt a waiver should be given. Mayor Moore passed the gavel and moved that the Commission approve the playground. Commissioner Artis seconded the motion which carried 3-2. Commissioner Weiner and Commissioner DeLong voted against the motion. The gavel was returned to the Mayor. 2. Zoning Problems - Beauty Shop located at 1100 S. Federal Hwy. Mayor Moore explained problems encountered by a business that had applied for permits and found the property was z~ned C-1 which did not allow beauty shops. The City's com- puter system made an error and indicated the use was allowable. Several thousand dollars were spent and the owner found he was not able to operate in that zone. 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 Don Jaeger, Building Official explained the sequence of events. The Building Official and Planning Director both felt this would be an acceptable use in this zone, if approved as a conditional use. The recommendation was to start the procedure to amend the C-1 use, adding pro- fessional services such as beauty shops, barber shops and restaurants, as a conditional use. Vice Mayor Wische moved to begin this procedure and to have an Ordinance drafted. Commissioner DeLong seconded the motion which carried 5-0. 3. Census Count Mayor Moore stated the Palm Beach County Tax Collector had computer capability to have the exact zip codes to circle the City limits. This could be compared with automobiles and the familial factor and would indicate with fair accuracy how many residents Boynton Beach has. Although it wouldn't be perfectly accurate, it could be compared with the figure arrived at by the census workers. The City Manager indicated the City was working on this. 4. Meeting Place for Boy Scouts The Mayor asked about the status of a meeting place for the Boy Scouts. Charles Frederick, Director of Recreation & Parks responded that was part of the Civic Center proposal which had been tabled earlier in the meeting. Other than ~hat, nothing was being provided. No representatives for ~he Boy Scouts were present in the audience. 5. Campaign Ads Mayor Moore requested Commission permission to have the City Attorney obtain an opinion from the Election Commission on the pamphlet which had recently been published by the County supporting the sales tax as well as the newspaper ad recently published and not properly signed. The Mayor felt the ads were definitely political. The Mayor wanted to know whether these constituted violations. He didn't feel the County should have spent $72,000 of taxpayers' money to pro- duce the brochure. Vice Mayor Wische was interested in who was responsible for the unsigned local ad. The Commissioners were agreeable. B. Consideration of approval - Certificate of Public Convenience and Necessity - Limousine Service Attorney Ken Metnick was present at the meeting to represent the applicant, Executive Limousine Service. Mr. Metnick had done a study which he believed proved the need for a 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 limousine service in Boynton Beach. The results of the survey of neighboring communities was explained to the Commission. Boynton Beach currently has only one limousin~ service, namely Mickey Pepper Limousines. Mr. Metnick believed a monopoly exists in Boynton Beach. He commented on Michael Cain's October 30, 1990 letter to the Mayor and the Ordinance itself which he felt was unconstitutional and unrealistic. Lengthy discussion with Michael Cain took place. Mr. Cain did not think the need existed. Mayor Moore asked if there was any problem with Executive Limousine Service operating out of a private home. Don Jaeger, Building Official stated the Building Dept. didn't have a problem with one limousine being parked in the drive- way and a telephone serving the business out of the home. The City Attorney indicated the City was required to con- sider each of the elements set forth in Code Section 24-5. The information should be gathered either from the applicant or by City staff. If the Commission was satisfied the ele- ments exist, they could move forward and grant the Certificate. Mr. Jaeger suggested the Commission consider the information on the application and review the data collected by the applicant. The applicant was asked to make his data available to the City Attorney and City Manager. Later in the meeting, additional brief comments were made on this subject. ADMINISTRATIVE A. Consider appointing member to Community Redevelopment Advisory Board for the Central Business District - Term expires 8/91 - Appointment to be made by Commissioner Lillian Artis (Previously Tabled) Vice Mayor Wische moved to remove this topic from the table. Commissioner Weiner seconded the motion which carried 5-0. Commissioner Artis appointed Mr. David A. Katz. There were no objections. Consider replacement to fill vacant position on Code Enforcement Board - Term expires 9/91 - Appointment to be made by Commissioner Lillian Artis Commissioner Artis appointed Mr. Jeffrey Whyte. no objections. C. Recommendation from Recreation & Parks Board There were 1. 10 Acre Site on Federal Highway (Previously Tabled) Vice Mayor Wische moved to remove this topic from the table. Commissioner Weiner seconded the motion which carried 5-0. 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 Charles Frederick, Director of Recreation & Parks explained the Recreation & Parks Board requested the Commission to consider allowing this site to go forward to the master planning stages along with four other sites approved a few weeks ago. At the next Recreation & Parks Board meeting they would discuss the types of uses they would like to recommend for consideration by the Commission. They hoped to have the other four sites out for RFP on the master planning (conceptual planning only) by the end of November, 1990. The Commission needed to decide whether it wanted to include this site as a part of that planning process. Public Hearings can be part of the master planning process. Mr. Frederick stated there was presently no funding for the project. Two Commissioners expressed concerns about limited City funds at the present time. There will be a charge for the master planning. There will be no cost connected with going out for RFPs to determine how much the master planning itself will cost. Comments were made about possible uses for the 10 acre site. Vice Mayor Wische moved to include this site along with the other four sites and to proceed to RFP as long as the City is not obligated. Commissioner Artis seconded the motion which carried 5-0. 2. Beach Erosion The Recreation & Parks Board and Mr. Frederick expressed concern over progressive beach erosion. Palm Beach County is presently in the process of doing a study on the beachfront, south of the Inlet to the mid-point of our beach. The County plans to proceed towards beach renourish- ment, depending on what the State says. Mr. Frederick suggested the City hold off on considering the coastal engi- neering consultant until we see what happens. Mr. Frederick intended to produce a report for the next meeting and a request through the City Manager for a Resolution asking the County to include the City's entire beach in their study. Mr. Frederick hoped that through this process, the City could get its beach taken care of through County, State and Federal monies. 3. Ocean Ridge Beach Decals The Recreation & Parks Board recommended the Commission ~econsider the recent decision not to sell beach decals Ocean Ridge residents. to Comments were made about Boynton Beach property Ocean Ridge is utilizing, the bridge situation and services provided Boynton Beach by Ocean Ridge. Commissioner Artis had 32 MINUTE~ - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 received phone calls indicating some Ocean Ridge residents were willing to pay twice the normal fee for a permit. If this was opened up to Ocean Ridge residents, the Mayor thought it should be opened up to citizens in the reserve annexation area. Various opinions were expressed. Mr. Frederick pointed out there were only 260 parking spaces. Commissioner Weiner noted Ocean Ridge had only requested about 50 permits at the regular fee. Commissioner Weiner moved to sell beach decals to Ocean Ridge residents at the same price City residents pay. Vice Mayor Wische seconded the motion which carried 4-1. Mayor Moo~e voted against the motion. This change will require an Ordinance. D. Consider approval for Stanley Consultants to perform field surveys - West Wellfield Final Amendment City Manager Miller explained three certified surveys were needed which would include field verification and legal descriptions for Wells 1W, 9W and Easement "A" in the amount of $1,200. The work would be done by Stanley Consultants. Vice Mayor Wische moved to approve the recommendation. Commissioner DeLong seconded the motion which carried 5-0. E. Consider date for Special Meeting for interviewing engineering consultants for the Aquifer Storage Recovery Program City Manager Miller explained the City had received five responses to its request for qualifications. The Utilities Dept. had reviewed the five proposals and concluded that the top three firms were CH2M Hill, Geraghty and Miller/Reese Macon and James M. Montgomery. The Commission agreed Tuesday, November 27, 1990 at 5:00 P.M. would be the best time for the meeting. F. Status Report on GALA A written update from the Director of Recreation & Parks on this year's GALA (Memorandum No. 90-536) had been provided the Commission. Commissioner DeLong asked if she could par- ticipate on the GALA Committee since she was now a Commissioner. Mayor Moore instructed that she be added as the City Commission's liaison. Charles Frederick noted they were requesting that the program be extended into the evening on Saturday night only, to accommodate a street dance with special entertainment. The art exhibits would remain open into the evening on Saturday as well. 33 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 Vice Mayor Wische moved to approve the new concept. The motion was seconded and carried 5-0. G. Authorization to purchase new police patrol vehicles As explained in Police Chief Hillery's memorandum ~90-137, purchase was recommended of eight 1991 Ford Crown Victoria Police Cruisers at a total cost of $102,608. Vice Mayor Wische moved to approve the purchase. Commissioner Artis seconded the motion which carried 5-0. H. Architectural agreement with Oscar Vagi Associates for continued services during construction phase of Ezell Hester Park The Commission had been provided with the City Manager's memorandum ~90-325 on this topic. Mr. Miller requested this be tabled until the next Commission meeting. Mr. Miller needed to discuss this further with Mr. Vagi and the sub- architects. Brief remarks were made as to why the City no longer will sign standard AIA contracts. The matter was tabled. I. Fire Station No. 3 - Change Order No. 11 City Manager Miller explained Change Order No. 11 in the amount of $12,915 needed approval. This was for site drainage required by the Water Management District and the County Engineer. This was a design problem Mr. Miller thought the Commission needed to look into and possibly go after Miller, Meier, Kenyon & Cooper. The contractor had to perform this work anyway, therefore, Mr. Miller believed he should be paid. Vice Mayor Wische moved to approve Change Order No. 11. Commissioner DeLong seconded the motion which carried 5-0. CONSENT AGENDA A. Minutes 1. Regular City Commission Mtg. Minutes of October 16, 1990 2. City Commission Workshop Mtg. Minutes of October 30, 1990 B. Bids - Recommend Approval - Ail expenditures are approved in the 1990-91 Adopted Budget 1. Demolition and Clearing of a CBS, One Story Structure (Former Arts & Crafts Building) 34 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA NOVEMBER 7, 1990 The Tabulation Committee recommended the bid be awarded to P & M Trucking, West Palm Beach, Florida in the amount of $4,970.00. Remarks were made about the fire that had occurred. Charles Frederick, Director of Recreation & Parks stated the City had received insurance money and had retrofitted a trailer into a new art center. The former Arts and Crafts Building was to be demolished, as it was no longer useable. 2. Pipe Fittings and Accessories for Utility Department The Tabulation Committee recommended awarding the bid to the vendors indicated on the Tab Sheet along with awarded prices per category. 3. Annual Supply of Manhole Adjustment Rings The Tabulation Committee recommended awarding the bid to Flocon Associates, Inc., Tampa, Florida in the amount of $10,443.00. C. Consider approval to dispose of records - City Clerk's Office, Communications and Personnel Records Destruction Request Forms number 195, 196 and 197 had been approved by the State Division of Archives. Commission approval was needed to proceed with destruction of records from these three departments, as outlined in the City Clerk's memorandum 990-187 to the City Manager. D. Consider purchase of a body and hoist for vehicle for Roads and Streets Division As outlined in Carel Fisher, Assistant Public Works Director's memorandum 990-139, purchase was recommended of body and hoist for this material hauling, tool truck. a E. Emergency repair to generator at Lift Station 356 located at Ocean Avenue and Intracoastal Waterway As outlined in John Guidry, Director of Utilities' memoran- dum ~90-627, complete rebuild of the generator engine block is necessary. Cummins Southeastern Power had quoted a price which would not exceed $8,500.00 and would include a one year warranty. Consider approval of installation of temporary sign for the Rotary Club at 333 N. Congress Avenue for the sale of Christmas Trees 35 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 The Rotary Club had requested permission to use a banner type sign to advertise the sale of pumpkins and Christmas trees at this site. The Building Dept. recommended appro- val, consistent with the requirements of Section 21-6 of the Code of Ordinances regarding permit application. G. Consider approval of installation of a temporary sign for the Lions Club for Christmas Tree Sales at the Boynton Beach Jaycee Park The Boynton Beach Lions Club had requested permission to put up a temporary sign advertising Christmas tree sales from November 14 until December 21, 1990. The Building Dept. recommended approval, consistent with the recommendations contained in Michael Haag's Memorandum to the Building Official dated October 29, 1990. H. Consider approval of installation of temporary signs for Leisureville Annual Bazaar Palm Beach Leisureville had requested permission to display six temporary signs advertising their Annual Bazaar which is to be held on November 17, 1990. The Building Department recommended approval, subject to the signs complying with the City's temporary sign standards and meeting the require- ments for cross-visibility at intersections. I. Relocation of Civic Center Telephone Service - Demolition, Art Center Hugh McCaffrey, Communications Manager, recommended in his memorandum $90-261 to the City Manager, that Telecom Engineering proceed with the work outlined. J. Contingency Transfer - Health Fair at Poinciana Elementary School Commission approval was needed for a $300 contingency transfer in connection with the Health Fair at Poinciana Elementary School. K. Consider approval to purchase Cushman Riding Mower for Parks Division The Parks Division requested permission to purchase a Cushman Model 804, 60" cut riding mower at a cost of $5,738.00. L. Consider approval to purchase Ford Utility Tractor for the Golf Course Commission approval was needed to purchase a Ford 3430 36 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 Utility Tractor, under a State contract, from Ford New Holland, Tucker, Georgia at a cost of $10,299.00. M. 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. Commissioner DeLong seconded the motion which carried 5-0. AD JOU RNMENT The meeting properly adjourned at 1~40 P.M. ~ / / Mayor / ~--~- / ~ Vice Mayor Ci~Clerk Recording Secretary (Five Tapes) Commissioner ~o-m~i s s ioner Commlss loner j 37 AGENDA NOVEMBER 7, 1990 XI. CONSENT AGENDA M cc: Finance Mgmt Serv Recreation Utilities A & P WATER AND SEWER SUPPLIES INC. Materials needed to move waterline so Gounty can widen 1-95 Ramp~UC10290- Boynton Beach Blvd& NvW 7th Street. Pay from utility Capital Impr Fund- 404-362-5-650-01 $ 2,286.00 ALLEN INSb~,ANCE Police and Fire Life Insurance State required (Insurance limit increased per State law). Pay from General Fund- 001-211-5-141-00 4,188.54 ALLIED LIME Quick Lime Deliveries for September 1990. Invoice ~'s 5336- $2,485.72; 5475- $2,560.99; 5591- $4,267,48. Pay from Water and Sewer Revenue Fund- 401-332-5-365-00 9,314.19 ATLANTIC AUTO SUPPLIERS INC. Pieces of equipment needed for the in-house tire program. 1-Automotive Mico-Processor Tire & Wheel Balancer- $2,595.00 and 1-Pneumatic Passenger Car & Light Truck Tire Changer- $1,495.00. Bid Opening: 7/26/90 #074-501-90/ Commission approved: August 7, 1990. Pay from Vehicle Service Fund- 501-193-5-641-00 4,090.00 COMMAND OFFICE FURNITURE Required file cabinets and furniture to accommodate personnel in remodeled building. Palm Beach County School Board Bid SB9OC-21L. Pay from Public Serv Tax Constr- 301-241-5-642-00 3,866.58 CURLEY PUBLISHING INC. Renewal Standing Order for Large Print Books 11/90 to 10191 (144 titles per year) Pay from General Fund- 001-711-5-661-00 1,614,60 DUN'S MARKETING SERVICES Million Dollar Series #5051202-90 (renewal subscription), Pay from General Fund- 001-711-5-661-00 1,142.50 DUTCH CONSTRUCTION CO., INC. Payment ~2, P.O. 84849: Congress Avenne Park in Accordance with Contract and Specification Documents; Bid #070-722-90] HBC; Commission Approved: July 17, 1990. Pay from Public Servc Tax Constr- 301-721-5-648-00 104,912.37 EASTPLAN KODAK COMPANY 1,188.60 September minimum billing and August usage billing for Model 70 copier in City Clerk's office. Pay from various departments. NOV ? 1990 APPROVAL t0. 1t. 12. 13. 14. 15. ELKINS CONSTRUCTION Improvements to the Boynton Beach East Water Treatment Plant per Contract and Specification. Bid Opening April 3, 1990; Commission Approved April 17, 1990. Payment #4, Purchase Order # 84255. Pay from utility Capital Impr Fund- 404-000-0-690-10 J. F. HOFF ELECTRIC Construction of Motor Control Centers l&2 at the Water Treatment Plant. Per Bid Specifications and in accordance with the executed contract. Bid Opening November 21, 1989; Commission Approved December 5, 1989. Payment #7; P.O. 82716. Pay from Utility Capital Impr Fund- 404-000-0-690-10 IBM Maintenance for Computer Equipment. Invoice No. 0087675, Invoice No. 0006570, Credit Invoice No. 0005503, and Credit Invoice No. 90DN189. Purchase Order ~85507. Pay- from various departments. INTEGRATED MICROGRAPHIC TECHNOLOGIES, INC. Microfilming: Planning Department. Pay from General Fund- 001-151-5-476-00 JANUS & HILL Emergency repair of well ~21 due to an accident. Bid #051-401-90/HBC; Commission Approval: August 21, 1990. Pay from Self Insurance Fn~ld- 622-195-5-440-01 MDH GRAPHIC SERVICES 26M Newsletter $1,107.00 Invoice #11926 Census Form $ 835.00 Pay from General F~nd- 001-194-5-472-00 $ 153,501.99 136,795.86 2,939.30 2,758.36 2,766.00 1,942.00 16. MEYER'S TURF INC. Estimaned 22,000 sq. feet of Floratam sod to be put down by supplier (44 pallets) to be placed at Little League Overflow Parking Lot project. Pay from General Fund- 001-722-5-634-00 2,860.00 MOODY'S INVESTORS SERVICE, INC. Moody's Special Library Service, Over the Counter Manual & Municipal Manual #0A-005t55. Pay from General Fund- 001-711-5-661-00- $2,555.00 Bond Issuance Costs for Water & Sewer Utility Revenue Bonds, Series 1990. Ref. No.- 900C0289. Pay from 1990 Construction Fund- 409-888-5-797-00- $11,000.00 13,555.00 18. MOTOROLA INC. 2,139.95 One Portable Subfleet Rotary Select Radio for Engineering Inspector and One Battery Radio to be modified to work with Utilities and Engineering. CO ~'~ !V~ iS~,,~iO Pay from: Water and Sewer Revenue Fund- 401-396-5-690-05- $1,239.95 Water and Sewer Revenue Fund- 401-391-5-690-05- 900.00 NOV 7 1990 APPROVAL 19. 20. 21. 22. 23. 24. 25. 26. NATIONAL LEAGUE OF CITIES Annual' Membership Dues for 1/1/91 through 12/31/91. Pay from General Fund- 001-111-5-470-07 $ 2,036,00 NEWSBANK Renewal Subscription to Newsbank Library Plan I ~47163, Pay from General Fund- 001-711-5-661-00 1,327.67 P.B.S. CHEMICAL COMPANY INC. Chlorine Deliveries To Water Treatment Plant for Sept. 1990. Invoice #'s 200236950001- $1,686.40 & ~20023450001- $1,686.40. Pay from Water & Sewer Revenue Fund- 401-332-5-363-00 3,372.80 PALM BEACH NEWSPAPERS, INC. 9,295.21 Legal Advertising for Period August 11 thru September 26, 1990. Planning & Zoning Board Public Hearings- $6,929.38; General- $1,725.30; Sanitation Fund/ General- $640.53. Pay from General Fund- 001-122-5-470-13- $6,929.38 General Fund- 001-122-5-475-00- 1,725.30 Sanitation Fund- 431-341-5-475-00- 640.53 PEROXIDATION SYSTEMS INC. Hydrogen Peroxide Deliveries for Odor & Corrosion Control Program; Invoice #901881- $11,378.25; Inv.~901922- $8,137.35. Pay from Water & Sewer Revenue Fund- 401-352-5-365-00 PHYSIO-CONTROL CORP. Service Agreement on Medical Electronic Equipment from 11/1/90 - 10/31/91. Pay from General Fund- 001-221-5-433-00 RS & H, INC. (Reynolds, Smith and Hills, Inc.) Professional Services: Review and update of Boynton Beach CIE to bring into compliance with rule 9J-5, F.A.C. Invoice ~591-0636-000-002. Pay from General Fund- 001-000-0-158-92 19,515.60 3,924,00 3,112.00 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD 48,746.00 Odor Abatement System- Aeration Tank Covers- Electrical Building and Expansion to Effluent Pumping Stations; tavoices 1,2,&3; Camp -Dresser and McKee Engineers Inv, # 89/90 369 - $18,345.28. Inv. 89/90 371 Budgeted Capital Assets 1989/90 1- PR/ION Meter & Accessories; 1- Emergency Chlorine "B" Kit; 1- Chlorine Ala~n Sensor & Battery Backup; 1- Safety Manager Software; 2- 1/2 ton Pickup Trucks; 1- Utility Mixer/ Electric Motor/k~eels- $16,534.86. Inv. 89/90 376 - Odor Abatement System Aeration Tank Covers/ Effluent Pualp Cap. Elect.; Inv. 89/90 373 Odor Abatement Sys. Aeration Tank Covers, Electrical Bldg/Eff. Puf~p.; Inv. 89/90 378- Final Desigu Aeration Tank covers- Eff. Pump Expansion 89/90 378 $4,630.23.- $13,865.86. v~v~.~.~,~,,~ Pay from Utility Capital Impr Fund- 404-000-0-691-20 NOV ? 1990 APPROVAL 27. 28. 29. 30. 31. 32. 33. 34. WEST POINT INDUSTRIES 6- Replacement Discharge Well Heads for Wells 17-22 as per Bid Specifications #073-401-90/ HBO; Commission Approved August 7, 1990~ Bid Date: July 20, 1990. Pay from Water and Sewer Revenue Fund- 401-331-5-642-00 XEROX CORPORATION Meter usage for Xerox Copier from June 6, 1990- September 30, 1990. (115 days). Pay from General Fund- 001-211-5-422-00 NATIONAL GUARDIAN Miscellaneous repairs to fire alarm system to repair fire alarm in City Hall due to lightning and system breakdown. Pay from General Fund- 001-192-5-434-00 - $1,070.50 Pay from Self Insurance Fund- 622-195-5-440-01 - $1,070.50 REHRIG PACIFIC COMPANY Using bid prices per Solid Waste Authority Contract #89-077; Containers to be issued to public for recycling. 1000- 14 gal. curbside recycling containers. City Commission Approved: August 21, 1990. Pay from Sanitation Fund- 431-000-1-470-07 ROLM Invoice #70GS489 dated 10/8/90, Maintenance Agreement Services 9/1/90 thru 9/30/90 ($1,933.87) and 10/1/90 thru 10/31/90 ($1,933.87) for telephoae switch. Pay from General Fund- 001-197-5-433-00 DEGORA OFFICE FUi~NITURE Office supplies for various departments. Pay from various funds. HALSEY & GRIFFITH INC. Office supplies for various departments. Pay from various funds. SAFETY-KLEEN CORP. Annual Service Agreement 10/01/90- 9/30/91 to supply chemical supplies for parts wash equipment in vehicle maintenance. Pay from Golf Course Revenue Fund- 411-726-5-499-00- $ 224.00 Pay from Vehicle Service Fund - 501-193-5-361-00- $1,208.40 6,537.90 2,065.69 2,141.00 3,380.00 3,867.74 2,016.81 2,309.02 1,432.40 NOV g 1990 APPROVAL 35. RAY ALLEN INSURANCE AGENCY Renewal premium for Commercial Crime policy- Loss of Monies and Securities. American States policy #MS067529-0- i0/1/90- 1011191. Pay from Self Insurance Fund- 622-195-5-444-00- $2,049,00 Policy Renewal of Youth Sports Group Accident Policy ~MYS0911510 policy period 9/20/90- 9/20/91. (Hull & Co.) Pay from Self Insurance Fund- 622-195-5-440-05- $4,571.25 Policy renewal of commercial Fire Policy ~01GF1270729 (Computers, Bill changer, valuable papers, etc.) policy period 10/26/90- 10/26/91 (American States). Pay from Self Insurance Fuzld- 622-195-5-440-04- $18,432.00 25,052.25 36. ERNST & YOUNG Actuarial Services 9/1/90- 10/15/90 (Final Payment on $11,600.00) Self Insurance Fund. Pay from Self Insurance Fund- 622-195-5-440-01 5,732.00 These bills have been approved and verified by the department heads involved, checked and apProved for payment. ~ector I therefore recommend payment of these bills. Scott Miller, City Manager COMMiSSiON NOV ? t990 APProVAL