Loading...
Minutes 02-06-96 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL~ BOYNTON BEACH, I:/ORIDA, ON TUESDAY, FEBRUARY 6, 1996, AT 6:30 P.M. PRESENT G~rald "Jerry" Taylor, Mayor M~t~hew Bradley, Vice Mayor Lynne Matson, Mayor Pro Tern Sl~irley Jaskiewicz, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Call to Order - Mayor Jerry Taylor Invocation - Rabbi Max Roth - Temple Beth Kodesh Pledge of Allegiance to the Flag led by Mayor Jerry Taylor M~yor Taylor called the meeting to order at 6:30 p.m. Following an invocation offered by Rabbi Max Roth, Mayor Taylor led the Pledge of Allegiance to the Flag. M~yor Taylor announced the passing of Commissioner Sid Rosen early this morning. A mc~ment of silent prayer was observed in his memory. M~yor Taylor commented that the loss of a friend or loved one requires a period of grieving, an~l then a period of trying to remember the good times. Mayor Taylor recounted a trip to Oilando with Commissioner Rosen to attend a League of Cities' convention. A golf tournament was organized for the participants, and Mayor Taylor and Commissioner Rosen were teamed with two Commissioners from another city. When their team won the tournament, Commissioner Rosen was proud and shouting with joy. Both he and Mayor Taylor were anxious to place the trophy on display for the community to see. However, when they returned from the convention, they got involved in business, and forgot to display the trdphy. In joyful memory of Commissioner Rosen who was a winner for Boynton Beach, Mayor Taylor pl~ced the trophy on the dais at Commissioner Rosen's place. Mayor Taylor announced a m(~morial service to be held Sunday, February 11, 1996, at Temple Beth Kodesh at either 10t00 a.m. or 11:00 a.m. Please contact the City for details if you wish to attend. D. Agenda Approval: 1. Additions, Deletions, Corrections Atl~orney Cherof advised that a "Notice of Vacancy in Election" must be provided. This item will be added as Item IV-7. He also added Item X-D.3," Letter of Understanding between the Ci~ of Boynton Beach and the Palm Beach County PBA". MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 M~yor Taylor added Item IV-B.I.d, "Presentation of Checks from Hunters Run by Maurice Rosenstock". M~yor Pro Tern Matson deleted Item IV-B.2. Margaret Shooshani will probably be here at ar~other time. Mayor Pro Tern Matson deleted Item XI-A, "Residential Appearance Code" from tonight's discussion. She preferred that this item remain on the table. Commissioner Jaskiewicz will m~ke a comment at that time~ 2. Adoption M~yor Pro Tem Matson moved to accept the agenda as amended. seconded the motion which carried unanimously. II. ADMINISTRATIYE: Vice Mayor Bradley Ao Accept resignation from Robert Taylor, regular member, Board of Zoning Appeals M~yor Pro Tem Matson moved to accept Robert Taylor's resignation. Vice Mayor Bradley seConded the motion which carried unanimously. B. Appointments to be made. Al~pointment To Be Made Length of Term Board Expiration Date IV[ Matson IV[ Matson IV[ Matson IV[ Matson IV i Matson IV[ Matson Jaskiewicz IV Matson I1[ Bradley Ma:yo r Taylor Rosen II Bradley III Jaskiewicz Bldg. Bd. of Adj. & Appeals Adv. Bd. on Children & Youth Code Enforcement Board Adv. Bd. on Children & Youth Adv. Bd. on Children & Youth Board of Zoning Appeals Education Advisory Board Bldg. Bd. of Adj. & Appeals Adv. Bd. on Children & Youth Mun. Firefighters' Pension Fund Education Advisory Board Community Relations Board Board of Zoning Appeals 2 Alt Term expires 4/96 TABLED Alt Term expires 4/96 TABLED Alt 1 yr term to 9/96 TABLED Reg Term expires 4/97 TABLED Reg Term expires 4/97 TABLED Reg 2 yr term to 1/98 TABLED Stu Term expires 4/96 TABLED Alt Term expires 4/96 TABLED Alt Term expires 4/96 TABLED Reg Term expires 4/97 Alt Term expires 4/96 Reg Term expires 4/98 Reg Term expires 1/97 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 Mayor Pro Tem Matson moved to remove the Municipal Firefighters' Pension Fund appointment from the table. Vice Mayor Bradley seconded the motion which carried unanimously. M~ayor Taylor appointed Rober~ Taylor as a regular member of the Municipal Firefighters' Pension Fund. Vi~e Mayor Bradley moved to approve the appointment, and table all remaining appointments. Commissioner Jaskiewicz seconded the motion which carried unanimously. 6:50 P.M. EXECUTIVE SESSION, as provided by F.S. 286.011, to discuss the following lawsuit: Tradewinds vs. the City of Boynton Beach - Case #CL86-3661AE THE REGULAR CITY COMMISSION MEETING RESUMED AT 7:03 P.M. Illi CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting Minutes of January 16, 1996 Thie minutes of the January 16, 1996 meeting were accepted as presented. 2. Special City Commission Meeting Minutes of January 30, 1996 The minutes of the January 30, 1996 meeting were accepted as presented. COmmissioner Jaskiewicz requested that Item III-C.5 be pulled from the Consent Agenda for discussion. Vice Mayor Bradley requested that Items III-F and III-H be pulled from the Consent Agenda fo~ further discussion. 3 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 M~yor Taylor pointed out that Golf Course Memorandum No. 96-008 in Item III-B.3 states that two Club Car Carry-All II utility vehicles will be replaced at a total cost of $9,340. However, th~ order form attached in the back-up packet notes three vehicles at a total cost of $14,025. A voice from the audience stated that only two vehicles are being purchased. Bids - Recommend Approval - All expenditures are approved in the 1995-96 Adopted Budget Authorize purchase of seven SCBA Self-Contained Breathing Apparatus from Ten-8 Fire Equipment, Inc., in the amount of $11,103.95 Fi~e Department Memorandum No. 95-300 dated January 23, 1996, from Floyd Jordan to C~rrie Parker, requests approval for the purchase of this apparatus. This request was approved dL~ring the budget process for Fiscal Year 1995/96, and is part of the approved Capital Improvement Comprehensive Plan. Authorize purchase of a new Toro Groundmaster 345 (riding lawn mower) from State Contract in the amount of $11,295 R(~creation & Park Memorandum #96-026 requests authorization to purchase a new riding la~vn mower. This equipment is necessary to allow staff to be able to keep up with demand of[mowing the additional large tracts at Boynton Lakes Park and Meadows Park. Funds were approved in the 1995/96 budget under Account 301-722-5-973.00. Authorize replacement of two Club Car Carry-All II utility vehicles piggybacking bid awarded to Hector Turf from the City of Hialeah in the amount of $9,350. As outlined in Golf Course Memorandum #96-008, Daniel Miller, Golf Course Superintendent, recommends replacement of the two Club Car Carry-All vehicles, scheduled foi replacement during this fiscal year. The bid price for each unit is $4,675. Funds ($9,350) are available in the Maintenance Equipment Reserve Account #411-726-5-680.08. Authorize rel~lacement of Cushman Haulster piggybacking bid awarded to Pifer, Inc. from the City of Lake Worth in the amount of $9,654. As outlined in Golf Course Memorandum #96-007, the present Cushman is worn out and no Io~ger dependable. It is recommended that the Cushman be replaced with a Cushman Trickster at a bid price of $9,654. Funds are available in the Maintenance Equipment Reserve MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 Account #411-726-5-680.08. Purchase of one high service vertical turbine pump 2,500 GPM and one washWater recovery vertical turbine pump 1,250 GPM As outlined in Utilities Memorandum No. 96-034 dated January 25, 1996, from John Guidry to Lana Koester, five bids were opened on January 24, for the replacement of two pumps at th~ East Water Treatment Plant. These pumps were slated for replacement this year, and funds ar~ included in the 1996 Renewal and Replacement Account (Account #421-000-0-690.21) inthe amount of $45,000. Uiilities recommends awarding the bid to Atlantic Environmental Systems of Lantana, which is ~the lowest priced bidder, in the amount of $29,500 for the pumps and installation. Award bid for landscape maintenance to the following three Iow bidders: First Genesis in the amount of $77,910 BLC Maintenance in the amount of $27,455 Tare Landscaping in the amount of $97,523 As~ outlined in the Purchasing Department's agenda memorandum, the evaluating factor used in [determining the awards was based upon which vendors could supply the best service at the lowest price. All awarded vendors have been determined by the Parks Division to be the most responsive, responsible bidders meeting ali specification requirements as outlined in Recreation & Park Department Memorandum #96-045. Reroofing of the Wilson Park Pool Building & Dugouts from S & S Roofing South, Inc., in the amount of $18,066.50 outlined in Facilities Management Division Memorandum No. 96-21 dated February 1, °~96, the existing built-up tar and gravel roof is over 20 years old, and has been developing le~ks for the last two years. It has deteriorated to the point that it cannot be patched. S & S Roofing submitted a proposal after inspecting the roof. The reroof will again be a built- up tar and gravel roof with a 20 year warranty. While the reroofing is taking place, the sloping an~l drain scuppers will be corrected to remove the present ponding. The cost of this reroofing is $18,066.50. Funds are available in Account #301-192-5-629.51. C. Resolutions MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 Proposed Resolution No. R96-10 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action of January 18, 1996: Approve authorization to expend $7,000 from Sinking Fund to replace flow measuring devices through the plant. Approve authorization to expend $1,000 from Sinking Fund to replace cranking batteries for large diesel generator in blower building. Proposed Resolution No. R96-11 Re: Assessing the costs of abatement of certain nuisances against the owners of the property involved (Lot Mowing Liens) Proposed Resolution No. R96-12 Re: Authorize execution of agreement between Palm Beach County and the City of Boynton Beach for the development of a 1913 Historic School Project regarding County Commission discretionary funding Proposed Resolution No. R96-13 Re: Authorize execution of agreement bet~veen Palm Beach County and the City of Boynton Beach for the development of Leathers community-built playground regarding County Commission discretionary funding Proposed Resolution No. R96-14 Re: Authorize execution ofaQuit Claim Deed from the City of Boynton Beach to the Community Development Corporation (CDC) for Lots 1 and 3, Block 27, Roiling Green Ridge First Addition T~is item was pulled from the Consent Agenda for discussion. 6. Proposed Resolution No. R96-15 Re: Authorize addendum to settlement agreement -Tradewinds execution of D. Approval of Bills A copy of the bills is attached to the original copy of these minutes file on in the City Clerk's O~fice. E. Approve Change Order No. 7 - John C. Cassidy Air Conditioning, Inc., for MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 fabrication and installation of a beam at Fire Station #1, in the amount of $770 F. Task Order No. 27 with CH2M Hill for Utilities General Consulting Services This item was pulled from the Consent Agenda for discussion. G. Approve Change Order No. 4 for Montgomery Environmental for additional work necessary to complete work on the West Wing Second Floor phase, in the amount of $8,421 H. Approve Change Order No. I - Elevated Concrete Storage Tank for The Crom Corporation resulting in a net decrease of $21,600 Ttlis item was pulled from the Consent Agenda for discussion. I. Approve request for refund on Cemetery Lot 628 A, Block O ]. Approve sewer main repair on Gateway Boulevard at Royal Palm Clubhouse with Insituform Method in the amount of $22,175 based on current Palm Beach County Bid K. Approve purchase of vehicles as approved in the 1995/96 budget for various departments Mayor Pro Tem Matson moved to approve the Consent Agenda with the exception of Items C-L, F, and H. Vice Mayor Bradley seconded the motion which carried unanimously. 5. Proposed Resolution No. R96-14 Re: Authorize execution of a Quit Claim Deed from the City of Boynton Beach to the Community Development Corporation (CDC) for Lots 1 and 3, Block 27, Rolling Green Ridge First Addition Cc~mmissioner Jaskiewicz asked if the property involved in this Resolution is located on SeAcrest Boulevard and Gateway Boulevard. City Manager Parker responded affirmatively and explained that the ownership of that lot will be turned over to the Community Development Corporation. They will now be able to begin turning that building into an office. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 F. Task Order No. 27 with CH2M Hill for Utilities General Consulting Services Vice Mayor Bradley requested a brief explanation of the scope of the consultation services especially with regard to the prices paid for these services last year, and as it relates to the dismantling of the old storage tanks. Bob Kenyon said the demolition of the two steel water tanks is covered under a separate task order which was approved by the City Commission. This task order covers various items re!ated to working with the regulatory agencies for the deep injection wells, annual report, pipeline installations, etc. Most of the more costly items are covered under separate task orders. Mr. Kenyon pointed out, however, that the hourly rate was reduced two years ago, arid is the same rate as last year. An itemized list of projects is attached to the back-up material in the agenda packet. Mayor Taylor announced that as a result of complaints from residents, the strobe light on top of the water tower was replaced with a much smaller red beacon. In addition, it is expected that the two steel water tanks will be removed by August of this year. Approve Change Order No. I - Elevated Concrete Storage Tank for The Crom Corporation resulting in a net decrease of $21,600 Vice Mayor Bradley recalled that the coating which had been deleted was much more expensive than $20,000. In addition, a decision was made not to paint the structure because of the problems associated with painting. City Manager Parker advised that the discussion in the original bid was the $100,000 item which the City deleted. The Thoroseal coating was added as an alternative sealant on the cement. The engineer recommended deleting the Thoroseal because it wi]l cause mildew and be[ more difficult to clean. We will wait to see how the raw cement holds up. Mayor Taylor asked whether or not the lighting around the base of the tower is for safety pu[rposes. City Manager Parker responded negatively and stated that the lighting is decorative. COmmissioner Jaskiewicz advised that a suggestion has been made by residents that the lights be[ moved back so that they outline the words, "Boynton Beach". Mr. Kenyon advised that stalff has tried angling the lights, but the light goes beyond the tower. City Manager Parker said st~ff will continue to try to do more with spotlights in different Iocat ons to try to light up the letters. Mayor Pro Tem Matso~ moved to approve Items C-5, F, and H. Vice Mayor Bradley seconded MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 the motion which carried 4-0. IV. ANNOUNCEMENT & PRESENTATIONS: A. Announcements: Joint Workshop meeting with COBWRA and City Commission - Thursday, February 8, 1996, at 4:00 p.m., in the Program Room of the Library. Items for discussion: a. Beautification b. Education c. Cultural Enhancement M~yor Taylor a~ W made this announcement. He also advised that the leadership of COBWRA :ered to delay this meeting due to the passing of Commissioner Rosen. However, there was :onsensus of the Commission to move forward with this meeting since Commissioner Rosen ~rked very hard on having open communications with our western neighbors. t Special City Commission Meeting - February 15, 1996, at 4:00 p.m. - Commission Chambers ao March 12, 1996 - General Election 1. Receipt of Candidates' Nominating Petitions 2. General Election Proclamation City Advisory Boards 1. Methodology of Appointment of Board Members 2. Consideration of Consolidation of Boards 3. Any Other Issues Relating to Advisory Boards M~yor Taylor made this announcement. City Manager Parker suggested that Item IX-D, "E~tablish a date and time for workshop meeting regarding speed bumps/humps and closure of [NE 1st Avenue", be added to the agenda for this meeting for discussion at 5:30 p.m. Black Awareness Day Parade - Saturday, February 17, 1996 - 11:00 A.M. M&yor Taylor made this announcement. Black Awareness Day Events- Saturday, February 17, 1996 - 12:00 noon - 7:00 I~.m. - Hester Center MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 Mayor Taylor made this announcement. Volunteers needed for Leathers Park Build - February 26 through March 23, 1996 Mgyor Taylor made this announcement, and advised that 2,000 volunteers are needed to build this playground. This is an opportunity for everyone in the community to be involved. Food will be provided for everyone who works. Contact the City if you are interested in helping. 6. General City Election - March 12, 1996 M~yor Taylor made this announcement. 7. Notice of Vacancy in Election Atttorney Cherof read the Notice of Vacancy in Election as follows: "The City will hold an elect~on on Tuesday, March 12, 1996, for the purpose of filling the following office: Commissioner from District I - a one-year term to fill the vacancy created by the death of Cgmm~ss~oner Sidney Rosen. If no candidate receives a majority vote in this race, a runoff election will be held on Tuesday, March 26, 1996, limited to the two candidates proceeding respectively - the highest, and the next highest number of votes in the first election. The qL~alifying dates for candidates are 8:00 a.m. on Wednesday, February 7, 1996, to 12:00 noon or~ February 13, 1996. All interested persons are to contact the City Clerk at City Hall, 100 Ear,st Boynton Beach Boulevard, for election material packets, filing procedures or other i~Iormation. All requests for absentee ballots should be made through Jackie Winchester, SL~pervisor of Elections, Palm Beach County, 301 N. Olive ,,Avenue, Room 105, West Palm B~ach, Florida 33401. The telephone number is 355-2650. Ti~e notice is signed by the City Clerk and will be published in The Palm Beach Post on Fc~bruary 9, 1996. Presentations: 1. Proclamations: ao Black Awareness Day - February 17, 1996 Mayor Taylor read a Proclamation declaring February 17, 1996, as "Black Awareness Day". ]0 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 b. American Red Cross Month - March, 1996 Mayor Taylor read a Proclamation declaring March, 1996, as "American Red Cross Month". A representative from the American Red Cross was present to accept the Proclamation. Mayor Taylor related two instances when the Red Cross was of assistance to him. He pointed out that the Red Cross is "always there for you when nobody else is". c. National Vocational Education Week - February 12-16, 1996 M~yor Taylor read a Proclamation declaring February 12-16, 1996, as "National Vocational Education Week". Jim..Rasco was present to accept the Proclamation. He stated that in the 20 years South Tech has been located in Boynton Beach, no one has ever extended a thank you to the City. The 30 acres on which the school sits were donated to The School Board of Palm Beach County by the City of Boynton Beach. In addition, when the firefighting program was instituted, the City's Fire Department provided invaluable help. They are the school's biggest supporter and continue to help South Tech develop the best firefighting program in Florida. On the rare oCCasions that Police protection was needed, the Police Department has supported the school. S~uth Tech appreciates what Boynton Beach has done for them. He invited everyone to visit th~ school on February 14, 1996. d. Presentation of checks from Hunters Run - Maurice Rosenstock Mau~[ce~Ro~enstock advised that for approximately eight years, he has appeared before the City Commission representing the Board of Governors of Hunters Run Golf and Racquet Club. The Board of Governors has always felt that certain services provided by the City are not helped enough by the citizens. He presented a $1,400 check to Fire Chief Floyd Jordan to be used for emergency medical services. Chief Jordan thanked Mr. Rosenstock on behalf of the City and the Fire Department. Last year's donation was a big help, and this donation will be used to provide a better level of service to the citizens. M~. Rosenstock said the Board of Governors learned of a project known as "CEFLIN" last year. This is an informational services program for libraries and citizens in Palm Beach County. Hunters Run donated $1,500 last year for this program, and promised $1,500 more this year to bring this program on-line. Mr. Rosenstock presented Mayor Taylor with a donation for a computer for CEFLIN. Mayor Taylor thanked the residents of Hunters Run for their support over the years. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 Mr. Rosenstock presented Charles Frederick with a check for $2,000 for the "Let's Build a Plbyground" project. Mr. Frederick thanked Mr. Rosenstock and the Board of Governors and invited them to participate in the build and be present at the culmination of the project to see how the donation helped make the playground possible. Mir. Rosenstock advised that funds are available for the Police Department. The Board of GOvernors is awaiting a response from them. There are other areas which are supported by the Board of Governors of Hunters Run. Mr. Rosenstock solicited suggestions from the community for projects deserving of assistance. H~nters Run supports the Challenger League of Little League baseball. The children involved h~ve physical and learning impairments. Hunters Run started this league and will continue toisupport it. M~yor Taylor asked Mr. Rosenstock to relay the City's thanks to the Board of Governors and residents of Hunters Run. Presentation on Hurricane Building Standards by Margaret Shooshani, Gold Coast Builders' Association Tills item was deleted under Agenda Approval. Speech by Clayton Banich - American Legion Oratorical Winner - Introduction by Bob Borovy - American Legion I~ ,bJ~o~vy, 2~2~S~/JJ~gtreeg is Oratorical Chairman for the local post. He thanked the City Commission for allowing him to present Clayton Banich. He is a student from Atlantic H M b' gh School. He won the American Legion's 11th District Oratorical Contest and will )resent the 11th District at the Southern Area Contest on February 11, 1996. ~onJ~a~ch asked the congregation to rise and recite the Pledge of Allegiance to the Flag. then presented his speech regarding what it means to him to be an American. (A copy of Banich's speech is attached to the original minutes on file in the City Clerk's Office.) · . Banich received a standing ovation and a Certificate of Appreciation which was presented Mayor Taylor. 4. Letter from Education Advisory Board read by Chair Anne Centi A~_e~C~~ma~: ~catio~y~B_~.F_~ Cirde. read a letter urging the City Commission to push for the funding necessary to construct the new high ]2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 school in Boynton Beach. (A copy of Ms. Centi's letter is attached to the original copy of these minutes on file in the City Clerk's Office.) Ms. Centi reported that her daughter has been selected to represent Boynton Beach and Palm Beach County by carrying the Olympic torch in Palm Beach. M~yor Pro Tern Matson advised that she sits on the Board of Directors of the Municipal L(ague. She participated in the workshop last week with the County Commission and The SChool Board where discussions took place relative to public/private partnerships. This issue is on the front burner for the Municipal League. In addition, every time this high school issue was before The School Board, the Commissioners and Wilfred Hawkins were at those m~etings. This issue is one of the high priorities of the City Commission. COmmissioner Jaskiewicz feels the Education Advisory Board is one of the greatest boards we have in the City. Each of the members is assigned to a particular school. They visit the schools and report back to the board. In response to Commissioner Jaskiewicz' question, Ms. Centi advised that the last meeting of th~ Education Advisory Board was held at Santaluces High School. Mr. Hey~vard, the prlncipal, has two student candidates for the Education Advisory Board. COmmissioner Jaskiewicz explained that we look forward to having our own Boynton Beach high school in the very near future. Mayor Taylor thanked Ms. Centi for the work done by the Education Advisory Board. He realizes that the members are on top of the education issues. He requested that the City M~nager prepare a Resolution in support of House Bill #107 to be sent to the Legislative D~legation. He stated that we will be looking at every opportunity to make the high school in Boynton Beach a reality. V. BIDS: None VI~ PUBLIC HEARING: None PUBLIC AUDIENCE: None ]3 ~should read, "...discussions took place relative to publicfprivate partnerships, education and school funding." MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 VIII. DEVELOPMENT PLANS: None IX:. NEW BUSINESS: A. Items for discussion requested by Vice Mayor Matt Bradley 1. Juvenile Justice Commission Report Vk:e Mayor Bradley reported that the Municipal League appointed him to the Juvenile Justice Commission. This is a board of 45 members, established to encourage the initiation and o~going support of interagency cooperation addressing juvenile crime. Groups represented include County and municipal police departments. Andy Rosenberg has been a member for a ~umber of years. Boynton Beach was selected because of its top notch juvenile programs including the Juvenile First Offender Program. Businesses are represented as well as former Governor Claude Kirk, Jim Kelly, Chief of School Security, Eleanor Weinstock, County Commissioner Warren Newell, etc. Vice Mayor Bradley will be updating the Commission on th~ work of this group from time to time. B. Items for discussion requested by Mayor Pro Tem Lynne Matson 1. Municipal League Report Mayor Pro Tem Matson advised that at the beginning of last month, the Board of Directors of th~ Municipal League met and discussed hurricane shutters and prevention. The Board of Diirectors voted that the hurricane standards would be changed to increase them, but on a voiluntary basis because of their belief in home rule. When it went before the general body of~he League,, it was brought up as mandatory. Margaret Shooshani will be appearing before th~ Municipal League in the future on this issue; therefore, Mayor Pro Tem Matson will report on! the outcome of the vote at the next City Commission meeting on February 20, 1996. C. Consideration and possible acceptance of proposal for marina projed M~yor Taylor reminded everyone that the City Commission met and reviewed the marina prC~posal. A consensus was achieved at that meeting to accept Mr. Simons as the developer. It ig now necessary to authorize the City to advertise that acceptance for a period of 30 days. ViCe Mayor Bradley moved to designate T & J Equities, Inc., as the most advantageous ]4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 proposal and direct administration to negotiate the terms of an agreement for the marina development. Commissioner Jaskiewicz seconded the motion which carried unanimously. Establish a date and time for workshop meeting regarding speed bumps/humps and closure of NE I Avenue This item was dealt with earlier in the meeting under Item IV-A.2. This issue will be included on the agenda of the Special City Commission Meeting to be held on Thursday, February 15, 1996, at 4:00 p.m., in Commission Chambers. Suggested pension amendments for the General Employees~ Pension and Police Pension City Manager Parker advised that the General Employees' and Police Pension Boards have b~en discussing allowing employees who left the employ of the City and then been rehired to come back into the same pension plan. This situation is not for employees who have re~ired. This option would be for employees who might have worked a number of years, left fo~ a year or two, and returned to the City. THe actuary has set forth two criteria: 1. The break in City employment is not more than 60 months; and the plan is paid back the total amount previously withdrawn plus the interest we pay (5% interest) on the withdrawal amount. That total is compounded by the most recent actuarial valuation interest rate in whatever year the member would want to buy back. The employee would have one year to pay back the money into the plan. If the Commission wishes to include this provision in the Ordinance, an Ordinance ar'~endment would be prepared for both plans. City Manager Parker further confirmed that th s would apply only to employees who were not vested. Furthermore, the employee would or~ly be able to buy back the time he/she was employed by the City and a member of the pelnsion~ plan. COmmissioner Jaskiewicz moved to approve the suggested pension amendment. Vice Mayor Bradley seconded the motion which carried unanimously. X. LEG^L: ]5 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 A. Ordinances - 2nd Reading: None B. Ordinances - 1st Reading: Proposed Ordinance No. 096-02 Re: Adoption of Palm Beach County Nuisance Abatement Ordinance Attorney Cherof read Proposed Ordinance No. 096-02 by title only. Mayor Pro Tern Matson moved to approved Proposed Ordinance No. 096-02. Commissioner Ja~kiewicz seconded the motion. City Clerk Sue Kruse polled the vote which carried unanimously. C. Resolutions: Proposed Resolution No. R96-16 Re: Adopt Citizen on Patrol Program Guidelines Attorney Cherof read Proposed Resolution No. R96-16 by title only. °O C6mmissioner Jaskiewicz moved to approve Proposed Resolution No. R96-16. Vice Mayor Bradley seconded the motion. P~u]Jae~i~e said the residents of Village Royale on the Green wholeheartedly support the Citizens on Patrol program. Their area is comprised of 46 acres and abuts five City streets. Tl~ere are many areas to be patrolled. They were of the opinion that they would have had the pairol car by last November. In order to be ready for the implementation of the program, they organized 80 volunteers. Since that time, there have been additions to the patrol area. These additions will dilute the amount of coverage that can be achieved at a particular point. In ~he past, Village Royale on the Green had its own patrols. It took 25 minutes to patrol the area from Point "A". The patrol was able to pass a particular point four times in a two-hour pairol. If the patrol is forced to go to another area (homeowners' association in and around Village Royale on the Green or Village Royale), the program would be so diluted that no 16 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 operator of the vehicle would be able to reach Point "A" in VRG in under an hour. In a two- hour patrol, the point would only be passed twice. While the car is in other areas, any number of things can happen in VRG. They have had cars spray painted and stolen, and windshields have been damaged on more than one occasion. The residents feel the patrol should be instituted in VRG. To burden the patrol with additional ar~as would destroy the effect of the patrol. In !response to Commissioner Jaskiewicz' question, Mr. Levine said VRG has 880 units. They ha~¥e a well-established, active Crime Watch group. This community promises to make sure thb vehicle operates at all times. This vehicle will be VRG's deterrent to crime. City Manager Parker explained that this is a new program that was discussed in October. The Ciiy of Delray Beach and the Sheriff's Office have this program in place. The City plans to in~plement this program in Golfview Harbour, Leisureville and Village Royale on the Green, plus Village Royale or a homeowners' group. The City will have two additional cars shortly, aqd expects to budget five additional cars for next year. Staff needs guidelines because the demand for the program will be very high. We have already received a request from Sterling Vi!lage. City Manager Parker's feelings were that unless the community was quite large and vary well defined, the City would not provide cars to individual multi-family communities. In !the case of Village Royale on the Green, it was planned to ask them to expand to more than one area. Pa~u~S~in,~25303S~Court, is aware of how the COP program works in Delray. He said h(~ spoke to Chief Dettman last February about this program. The Chief told him about the nL~mber of cars expected, and said one of those cars was being assigned to VRG. The residents immediately began discussing the matter. He received a commitment from a cc~rporation to pay for the gas, oil and operation of the vehicle. Eighty volunteers are ready fo~ the program. This program is very important to the residents of VRG. VI~G has its own paid security from 10:00 p.m. until 6:00 a.m. The residents are experiencing a Iot of problems with the school children. This program will serve as a deterrent. This program will not prevent crime, but he believes the car will act as a deterrent. The sole pdrpose of the program is to provide a visible presence. Ci~ Manager Parker apologized to the Commission for the promise made by the Chief. She pqinted out that he did not have the authority to promise the citizens a car. The citizens were operating under a misconception from the beginning. Vice Mayor Bradley said this program has been long awaited. It appears to be a good program. However, part of the problem is that a line must be drawn somewhere. Vice Mayor MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 Bradley feels this program will be so successful that within a year, we will be doubling the size of the program in terms of cars. Once six months have past, we will be able to demonstrate the realistic approach in spending more money on additional cars. Uniforms, recognition of volunteers, and a military hierarchy are of utmost importance. In addition, a Crime Watch group must be in place. Vice Mayor Bradley feels that the neighborhoods or condos with Crime Watch groups in place should be given high priority. Mayor Pro Tem Matson referred to the back-up material wherein Deputy Chief Padich's memorandum to Chief Dettman details the program. In her opinion, the Commission should approve the project, but not micromanage it. Since the Commission is not out fighting crime on a day-to-day basis, the decision about who should get the cars should be left with the Pblice or administration. MaYor Taylor commended VRG for the work they have done to prepare for this program. This shOWs how serious they are. The City will begin with three vehicles. He is hopeful that VRG will work with the City by expanding its area. When the data is checked, we may have to n~rrow the boundaries. However, the City needs help. This program will be trial and error atifirst. Mayor Taylor agreed that the decision on where the cars are to go should be left to the experts. Commissioner Jaskiewicz asked if anyone from Village Royale or the homeowners' association has volunteered. Mr. Slavin responded negatively. Captain Grenier has advised Mr. Slavin thht to his knowledge, the homeowners' association at Royal Palm is not a genuine association. There are no guidelines, and no authority. Mr. Levine offered to draw up a letter directed to the Board of Directors for Village Royale asking them to participate in a dual program. He will ask them to forward a list of volunteers to itake over a patrol. Mayor Taylor offered to work with Mr. Levine on a joint letter from the Commission and Village Royale on the Green. Motion Mayor Pro Tern Matson moved to approve Proposed Resolution R96-16. Commissioner Ja~kiewicz seconded the motion which carried unanimously. Proposed Resolution No. R96-17 Re: Authorize the City Manager to submit four applications to the Palm Beach County Development Regions Grant Program 18 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 Attorney Cherof read Proposed Resolution No. R96-17 by title only. Mayor Pro Tem Matson moved to approve Proposed Resolution No. R96-17. Vice Mayor Bradley seconded the motion which carried unanimously. D. Other 1. Approval General Liability Settlement - Fernando Orozco Commissioner Jaskiewicz moved to approve the settlement agreement as stated. Mayor Pro T(~m Matson seconded the motion which carried unanimously. MAYOR TAYLOR DECLARED A TEN-MINUTE RECESS. 2. Cemetery Issues City Manager Parker advised that she and members of the Boynton Beach Mausoleum have belen discussing these issues. They have not arrived at a complete agreement. However, ag!eement has been reached as follows: The Mausoleum has agreed to provide the names, addresses, and phone numbers to the City. We received updated audits on Friday. In addition, we have reached an agreement with regard to the procedure for issuing the certificates for the deeds. We have agreed to provide the Mausoleum with notice by certified mail 45 days prior to any rule change. This is a standard practice the City follows with Code Enforcement cases or City Commission appearances. We have agreed that the caskets do not have to be metal or sealed. Any casket will be approved. W~ have not reached agreement on the issue of sales and transfers of crypts or niches. The MAusoleum has agreed that any sale or transfer before entombment will be approved based on[ a free market. They will not interfere with any sale or transfer that the owner wishes to make. ]9 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 The Mausoleum has agreed that in the case of a double niche or crypt that would be used by a husband and wife, mother/daughter, etc., if only half of the niche or crypt was used and the body is disinterred, the crypt or niche could be sold at the current market price with the citizen receiving 50 percent and the Mausoleum receiving 50 percent. The Mausoleum's 50 percent would be split 80/20 between the Mausoleum and the City. That 20 percent would go to the Cemetery Trust Fund. The issue still being discussed is whether this situation would be applied to everyone currently in the Mausoleum, or just prospectively for alt new contracts after the date of the agreement. Mayor Taylor questioned the procedure for a single niche or crypt. City Manager Parker explained that the owner cannot sell it, and it remains empty. C_~[vin_WarrJ~er of Sea~cy; D~r~ey,~Sca~ok~Bar~had & SbJpley~ represented the Boynton Beach Mausoleum. He explained that a request to remove a body and sell an existing crypt comes up very infrequently. However, the situation involving a single space almost never comes up because of when and how people buy space. The contract that every purchaser has entered into states that the buyer is purchasing the rights to one entombment, and that mausoleum cannot be sold or transferred. The City is now requesting that every contract that has been entered into over the last 17 years be altered. Mayor Taylor questioned whether or not the Mausoleum has the right to sell a crypt or niche that has been vacated. Mr. Warriner responded negatively. Mayor Taylor could not understand the logic behind leaving this space empty. Mr. Warriner said it would not be fair because the purchaser signed a contract allowing rights to one entombment. Once someone is interred, the practice of reselling or transferring has not been allowed. Mayor Taylor agreed with the fact that the purchaser bought the right to be interred once. However, he could not understand why the space should remain empty forever. He feels it w~uld be better for the rights to revert back to the Mausoleum for resale rather than leave it empty. Commissioner Jaskiewicz questioned why the space could not be transferred to someone else orgo back to the Mausoleum. M~. Warriner explained that the issue of the rights reverting back to the Mausoleum has never come up during discussions with Ms. Parker. Mayor Taylor pointed out that if it can be done with a double space, there is no reason why it could not be done with a single space. Mayor Taylor feels it makes perfect sense to him for the Mausoleum to take back the ownership and re~ell it. 2O MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 City Manager Parker does not believe the Mausoleum would object to the ownership transferring back to them at no cost to them. Commissioner Jaskiewicz recommended that City Manager Parker continue to negotiate this item with the Mausoleum. Attorney Cherof advised that when the City Commission adopted new rules last year, there was no issue that dealt with transfers because no agreement had been reached with the Mausoleum. Tim He~s[ey; Cl~Jrm~[~Le~Cea~etery B~l~223~LE 4 S~a~eeb advised that the board does not agree with this. Whether it is a single or double, the family should have the right to transfer or sell the rights to emtombment. The board does not want individual owners to compete with the Mausoleum; therefore, it wants restrictions placed on these transfers or sales. There is no reason why the crypts should remain empty. The families have invested a great deal of money and should have the right to transfer or resell. Ownership should not revert b~ck to Boynton Beach Mausoleum. My. Hensley also requested that the Boynton Beach Mausoleum provide the sales price on the information that will be forthcoming. City Manager Parker said the Mausoleum has agreed to list all the individual lots and sales prices as part of the annual audit information. Mr. Hensley thinks the Mausoleum is afraid of possible competition. The board wants to reach an agreement so that there will not be competition, but there will be fairness for the families. Regardless of whether there is one person or two people in a crypt, the result should be the same. Mt. Hensley stated it is not true that the City Commission passed rules allowing anybody to do anything at the Mausoleum. The rules that were passed were to bring the Mausoleum ur~der the control of the City because we accept liability for it. These rules would bring the Mausoleum in line with the remainder of the Cemetery. Mr. Hensley requested that the Cemetery Board be allowed to review anything that will be brought before the City Commission with regard to the Mausoleum. M~yor Taylor realizes that a person who bought a mausoleum 17 years ago could decide to sell it today at a big profit. Mr. Hensley explained that restrictions could be put in place allDwing the mausoleum to be given to another family member at the cost of relettering plus an! administrative fee, or it can be sold at the current day price. Mr. Hensley checked with other cemeteries in the area, and none of them restrict transfers so that a family is not allowed to reuse a crypt or resell it. Some of the cemeteries have guidelines for resale of the crypts such as minimum prices and buy-back policies. The board has offered the Mausoleum the 21 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 the option of buying back the mausoleum at 80 percent of the purchase price. They can then resell it at current-day prices. The board feels this is a fair offer. Mr. Warriner said in 1978, the City entered into a contract with Mr. Osborne. The City solicited him to come here and spend hundreds of thousands of dollars. His contract says he shall be the exclusive agent for mausoleum sales and services. Since 1978, every person who purchased has entered into an agreement that says they do not have the right to resell the crypt or niche once a body is interred. It is the Mausoleum's position that anything the City does in the form of an Ordinance or rule that impairs the contractual obligation Mr. Osborne entered into over 17 years ago, will significantly affect his and the City's right to sell the new crypt or niche. The City is now asking the Mausoleum to enter into an agreement that provides for a limited exception on all of the people who have these contracts and who truly have a hardship. The Mausoleum is willing to do that. Mr. Warriner stated that the Cemetery Board has met four or five times, invited reporters to w~ite articles, and citizens are sending public records requests to City Manager Parker's office for the names, addresses and phone numbers of all of the people in the Mausoleum. In adclition, they are requesting the purchase price of crypts and niches, and the dates of sale. He reminded the Commissioners that the purchasers signed contracts which state they cannot resell. Anything that is now negotiated is a concession to the City because in a limited set of circumstances, the City is being approached by a few people with hardships. The Mausoleum recognizes this as a problem and is willing to concede on this issue. Mayor Taylor questioned why the Mausoleum would not want to buy back a mausoleum at 80 percent. Mr. Warriner said they do not want another inventory of mausoleums they already sold. They have difficulty selling the brand new mausoleums at current prices. Mr. Warriner's response did not make economic sense to Mayor Taylor or Commissioner Jaskiewicz. Mayor Taylor questioned who will be determining the hardship. Mr. Warriner stated that the negotiations had not yet gotten to that point. Commissioner Jaskiewicz asked for the time frame involved in preconstruct]on sales. City Manager Parker advised that construct]on must begin within 4½ years from the date of the first sal~. Mr. Osborne stated that purchasers are provided with this information at the time of the sale. Mr. Osborne confirmed for Mayor Taylor that the Mausoleum requires the name of the person who will be entombed in the crypt at the time of purchase. El~ano~ Gue_zd~ reported that three years ago, she and her husband saw weekly ads for 22 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 preconstruction prices at the Mausoleum. They decided to sell two insurance policies to purchase a crypt. They bought the least expensive (upper level) crypt. The price was approximately $3,100, and was paid in cash. Mrs. Guenin was of the opinion that she was dealing with the City of Boynton Beach. THree years later (last August), Mr. Guenin suddenly became very ill and Mrs. Guenin realized that the crypt would be needed almost immediately. She visited with Mr. Pfaff and asked for ad~ice since the new Mausoleum was not yet built. Mr. Pfaff advised that Mrs. Guenin could take an existing crypt at a 10 percent reduction. However, there were no upper level crypts available. Therefore, Mrs. Guenin had to purchase one of the most expensive crypts located in the center for an additional cost of $800. The following day, Mr. Guenin passed away. Mrs. Guenin came to the City with her nephew to protest the additional cost of $800. City Manager Parker contacted Mr. Osborne by phone who told her the price was $1,200, not $800. Mrs. Guenin accused Mr. Osborne of gouging the people for money. She believes there should be a set price, and he should not be able to take advantage of people in this ci!cumstance. She paid the additional $800, and to date, has not received a deed. She wants th~ deed so that if something happens to her, her family will not be gouged for more money by Mr. Osborne. City Manager Parker advised that State law allows Mr. Osborne up to 4½ years to begin construction of the new Mausoleum. In addition, the contract states that if a crypt is needed pr[or to the time the new Mausoleum is built, the difference will have to be paid subject to a 10 percent discount. The City is holding the deeds and intends to release them as soon as the details of an agreement have been worked out with Mr. Osborne. Mr. Osborne did honor the $800 amount quoted, and contractually and by State law, he can implement that procedure. Vice Mayor Bradley confirmed that this procedure is spelled out in the contract. Brady~)~b~d~Le exp a ned that Mrs. Guenin purchased a crypt in preconstruction for $3,078. Th[at same crypt will ordinarily sell for just over $4,000. Buying in preconstruction allows the puirchaser to make a selection at the already-completed Mausoleum if necessary, and pay the difference in price less 10 percent. Prices are not changed. In the 17-year history of the M&usoleum, there are only t~vo times the price has been altered - once for a mayor, and once fo~ Mrs. Guenin. Mrs. Guenin selected a $4,800 crypt. It was discounted by $480. When th~ discrepancy arose, Mr. Osborne agreed to let her pay the $800. In the end, Mrs. Guenin pald $3,878 for a $4,800 crypt. Mrs. Guenin suggested getting the new building under construction since the present Mausoleum no longer has any less expensive crypts remaining. 23 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 Vice Mayor Bradley suggested that the language of the contract which spells out this scenario be printed in bold print in the contract. Commissioner Jaskiewicz also recommended including the time frame in the contract. Vice Mayor Bradley said the issue of medallions is another area where it would have been helpful if the rule was in bold print so that it is clear. Mayor Taylor feels it would simplify m~tters if the purchasers sign a form at the time of purchase stating they understand the rules. M~. Osborne said the contract explains everything. Perhaps the Mausoleum staff could be doing a better job, but their endeavor is to have no consumer complaints. Ini response to Mayor Taylor's question, Mr. Osborne advised that he does have a current inl/entory of available crypts and niches, but not in every level. W[ith regard to the medallions, Mr. Osborne said the ones they sell are of the same material as[the levering on the crypt. Once an exception is made, there is no stopping it. If everything that was placed at the Mausoleum was allowed to stay, it would look like a carnival. Mayor TaYlor advised that what is allowed on the crypt should be in writing. Dilck Md(av. 23~riveo asked when the construction will begin on the new M.. ~u.soleum.' ' City Manager Parker advised that the 4½ year period began on the date of the sl~nmg of the first sales contract. Mr. Osborne has only a few months left to begin colnstruction. Pf or as all ~s~l.~berti stated that when she was ready to place an emblem on her daughter's crypt, Mr. iff provided a book containing many different kinds of emblems. Mr. Pfaff advised that the ly emblems allowed were those which were 3¼" x 4¼". Mrs. Liberti selected a guardian gel. She is now requesting an emblem which is porcelain and made of the same material the bronze lettering already on the crypt. It is uniform, and it is within the size guidelines owed on the crypt. The only difference is that it is a porcelain painted picture. M~s. Liberti said she is making this request for others also. She is of the opinion that a photo on[the front of the crypt adds feeling to this big, blank piece of marble. Mrs. Liberti has two do[uble crypts. Her daughter's body is entombed on one side of one crypt. Generally, two en~blems are permitted on double crypts - one under each name. M~yor Taylor feels there is a communication problem. He believes a purchaser should be provided with a set of rules which he/she signs for so that it is clearly understood what is peimitted. Mr. Osborne should be able to prove that the purchasers were advised of the rules and their rights. 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 Mr. Osborne wants the Mausoleum to be dignified, and wants everyone treated the same way. He pointed out that there is no end to what people want to put on the crypts. While Mayor Taylor agreed with Mr. Osborne, he realizes that the purchasers do not understand the guidelines or did not get the guidelines. Commissioner Jaskiewicz questioned why the porcelain picture could not be included in the catalog. Mr. Osborne said the catalog he uses is furnished by Matthews. Mayor Taylor recommended that Mr. Osborne put together his own catalog so that people are not looking at things they are not allowed to buy. M~. Hensley recommended that Mr. Osborne become a subcontractor for these items. He further stated that he is not aware of anyone on the Cemetery Board who invited a reporter to anN of the meetings. The meetings are public meetings and perhaps the reporter got his information from meeting minutes. Although this sounds like a battle, the Cemetery Board has been consistent and fair in dealing with the problems they have faced. Mr. Osborne is trying to comply, and hopefully an agreement can be reached. The Cemetery Board has bent o~er backwards and has been very patient. M~yor Taylor noted that there are unhappy citizens, and it is not good for the City or for Mr. Osborne. These differences must be investigated. City Manager Parker said this item will be placed on the agenda for the next City Commission meeting. She is hopeful agreement on the language will be included in the back-up material fo~ that meeting. o Letter of Understanding between the City of Boynton Beach and the Palm Beach County PBA At~;orney Cherof advised that this issue is a Letter of Understanding dealing with a specific clause of the collective bargaining agreement regarding the detectives' clothing allowance. It provides for a $1,000 per fiscal year uniform allowance. Mayor Pro Tem Matson moved to approve. Vice Mayor Bradley seconded the motion which carried unanimously. XI~ UNFINISHED BUSINESS: A. Consideration of final items on Residential Appearance Code ---TAB LIED 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 A decision was made earlier in the meeting to leave this item on the table. However, Mayor TaYlor asked if there were any questions from the Commissioners. With regard to the solution to the swale issue suggested by either the City Manager or Ms. Heyden, Commissioner Jaskiewicz pointed out that it sounded very logical. However, a resident expressed concern about areas where residential abuts commercial. The commercial traffic uses the swale areas and destroys them. It would be unfair to make the homeowner responsible for repairing the swale. She recommended this issue be further investigated prior to[~ts return to the Commission. COmmissioner Jaskiewicz also requested that reference be made to the way in which Lake W~orth treats their boats and RVs. CITY MANAGER'S REPORT: None Xljl. OTHER: Vi~ze Mayor Bradley requested that the record reflect that the next time the Commission meets oq Thursday, February 8, 1996, we leave open the opportunity to consider a Commission aplpointment to fill Commissioner Rosen's seat in District I. M~yor Pro Tem Matson questioned why an appointment would be made since only two m~etings would be involved prior to the election. Mayor Taylor stated that this is an option avlailable to the Commission. XIV. ADJOURNMENT: Tl~ere being no further business to come before the City Commission, the meeting properly adlourned at 9:38 p.m. 26 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1996 CITY OF BOYNTON BEACH ATTEST: 'J~4ayor .~_.cording'cording Secretary (Three Tapes) Commissioner 27 CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS FEBRUARY 6, 1996 CONSENT AGENDA D cc: Rec, util, Fin CROM CORP P.O. 7158. Payment #18, Design/Build Prestressed Conc. Elevated Storage Tank. Original Contract Amount Change Orders Adusted Contract Payments to Date Current Payments Contract Balance $2,201,780.00 ( 21,600.00) 2,180,180.00 2,043,649.69 27,521.31 109,009.00 Pay from 1990 Construction Fund---409-000-0-690-10 ERNST & YOUNG, LLP Fourth Interim Billing for Professional Services Rendered Through January 5, 1996 in Connection with the Audit for the Year Ending 9/30/95. Pay from Water/Sewer Fund---401-391-5-466-00 $8,000 Pay from 1992 Geo Debt Ser--206-888-5-466-00 550 Pay from 1992 Pub Serv Tax--207-888-5-466-00 550 Pay from Local Option Gas----104-411-5-466-00 300 Pay from General Fund ......... 001-131-5-466-00 200 Pay from Parks/Rec Fac Trust-641-721-5-466-00 400 Pay from Rec.Spec Revenue---472-721-5-466-00 500 Pay from Comm Improvmnt---621-136-5-466-00 600 Pay from Pub. Serv Tax Cons-301-131-5-466-00 1,200 Pay from Rec/Mun Beach Imp303-721-5-466-00 300 Pay from Golf Course ..........411-725-5-466-00 1.400 14,000 Professional Services Rendered in Connection with Rebate Report for The $11,650,000 Public Service Tax Revenue Bonds, Series 1986 for 9/30/94 Computation Date. Pay from 1992 Public ServTax207-888-5-468-00 13,750 27,521.31 27,750.00 CO,MMISSION APPROVAL IV. PRESENTATIONS B.3 Clayton Banich JanuaH'23,1996 To whom it ma)., concern, My name is Clayton Banich, and [ was wondering if it would be possible ifI could speak for you on February 6, 1996. Recently at an American Legion Oratorical, I received an award for a speech that was written for the contest, I would be honored if you would give me permission to share with you my thoughts. But first I would like to share with you a little about myself I am currently a senior at Atlantic High Community High School'. Last year, I had tl~e honor to represent Atlantic at American Legion Boy's State. It was an experience that will fbrever be in my thoughts, irt was an honor to learn how the State itself worked, and what part each and eveH, one of us plays in it. Thanks to the American Legion I learned a lot about what it is to be a citizen of this country. am also a member of the swim team and various other extracurricular organizations. I would like to be able to share my thoughts and beliefs with you and let you see how many of today's young people feel is happening with our society. I w~uld see it as an honor if t could share with you my thoughts. Thank you for this chance, and I hope to see you on February 6. Thank you again. Sincerely, Clayton Banich America is more than an institution or a figure on an3' map, It is an ideal a belief, these are the people who really understand what America is, and they are becoming t~wer with each passing day. They understand what the flag really is and know what the flag really represents. But the teenagers of today have changed they no longer understand what America means. Instead they are turning upon each other with guns and knives. And these same teenagers are increasingly committing crimes at a younger age. They do not understand what America is~ of course they understand who Bill Clinton, congress, and the house, are, but they do not undrrstand what America is. To me America is something that is hard to describe v~4th just words. America is more than a map, it is an ideal, a belief, and an indisputable factor in eyeD'one's lives· To me America is to live free~ to speak and to be heard, to walk along the street at night without worry, to be flee to make decisions, to vote, to read and ~te what I'd like, to learn in some of the finest institutions in the ~vortd, but most ofatl to live as an individual. · America is something that is stronger than the Congress, the House and the Presidency all together. And there is one thing that represents America ~nore than any thst fbod restaurant~ pro sports hero, or T.V. Personality and that is. the Red, White and Blue. The flag is something that represents America. It is truly the most honorable and bright symbol of what,nation is. Many of today's generation have no idea what the flag trt,ly is, To them the flag is a piece of cloth~ that flaps in the wind like clothes hanging to dq'. They think the flag is something that they should have the right to burn. They put light to the only symbol that truly represents America, and they laugh and jeer as the red, white, and blue, is turned into ash of white, grey. and black. They never stop lo think abont what thai flag really means, they only think Ihat they should have tile right to hurn tile American tla~ as a sign of protest. But I personally see this as America needs you. we need you, need you to make the flag that is something protected by the laws of the United States or'America and something that is made eternal in the Un/ted States Constitution. Senate Resolution Bill #3 would ensure that the flag is protected from those that would bum our national symbol. It would protect the hearts and souls of those valiant men and women who died for our country. If passed this bill will ensure that the flag is protected and thc lives of those men and women who died are/'brever respected, tbrever respected as Americans. Americans who strove to make America what it is today the greatest nation of all. For America is great for its abili~, to love, its ability, to survive, and finally for its ability to provide millions with a dream. I hope oneday to see my children say the pledge of Allegiance and my grandchildren recite to me the Star Spangled Banner and 1 hope to oneday see Senate resolution Bill 3 pass ;~4th flying colors. So that those people who desecrate what one of this countries most vivid symbols can be punished with treason. I hope one day to see the apathy of today's teenagers fade into respect and love for our country.. I hope oneday to s~e everyone in this room to lye] p to keep our country, the greatest counto' of all. And finally in the words of Richard Maynard Hutchins, "the death of democracy is not likely to be an assasinalion by ambush, but instead will be a slow extinction I'rom apathy, indifference and undernourishment. February 6, 1996 HONORABLE MAYOR AND CITY COMMISSION ON BOYNTON BEACH HIGH SCHOOLS AND OTHER EDUCATION ISSUES The mandate of the Education Advisory Board of the City of Boynton Beach is to provide fact- fiqding and advisory assistance to the Boynton Beach City Commission with respect to issues affecting the educational needs of Boynton Beach students. One of the issues that the Board believes requires renewed attention is the funding and construction of high school(s) within the City. The Board is concerned that essential school construction projects, such as the Boynton B~ach high school construction projects, have been indefinitely delayed due to lack of funding. The high school construction projects become increasingly important as the high school age population oflBoynton Beach increases. ~ While we acknowledge and have been advised by the school board and staff that limited funds must be allocated among a number of deserving projects, we firmly believe that active vigilance and advocacy on the part of the Boynton Beach high school projects r~mains high on the agenda of The School Board of Palm Beach County. For those reasons, we respectfully request that the Commission: a. Investigate the status of the Boynton Beach High School projects at the School Board; and with the new superintendent b.. Advocate the Palm Beach County School Board's approval and funding of the high school(s) in Boynton Beach The Education Advisory Board shall provide any fact-finding or advisory assistance that the Cty Comm ss on may request. The members of the Board look forward to working closely with the City Commission on this project, and other projects that will enhance the education environment in th~ City of Boynton Beach. 1There are now over 1,700 high school students residing in Boynton Beach that attend public and ndnpublic schools in the surrounding areas - enough students to justify the construction of a new high school. We would also like the City to support or possibly adopt a resolution to support House Bill #107, Lottery Accountably Act for education funding to ensure monies allocated for education are appropriated. BOYNTON BEACH EDUCATION ADVISORY BOARD CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS FEBRUARY 6, 1996 III. CONSENT AGENDA D cc: Rec, Util, Fin 2.1 CROM CORP P.O. 7158. Payment #18, Design/Build Prestressed Conc. Elevated Storage Tank. Original Contract Amount Change Orders Adusted Contract Payments to Date Current Payments Contract Balance $2,201,780.00 ( 21,600.00) 2,180,180.00 2,043,649.69 27,521.31 109,009.00 Pay from 1990 Construction Fund---409-000-0-690-10 ERNST & YOUNG, LLP Fourth Interim Billing for Professional Services Rendered Through January 5, 1996 in Connection with the Audit for the Year Ending 9/30/95. Pay from Water/Sewer Fund---401-391-5-466-00 $8,000 Pay from 1992 Geo Debt Ser--206-888-5-466-00 550 Pay from 1992 Pub Serv Tax--207-888-5-466-00 550 Pay from Local Option Gas----104-411-5-466-00 300 Pay from General Fund ......... 001-131-5-466-00 200 Pay from Parks/Rec Fac Trust-641-721-5-466-00 400 Pay from Rec. Spec Revenue---472-721-5-466-00 500 Pay from Corem Improvnmt---621-136-5-466-00 600 Pay from Pub. Serv Tax Cons-301-131-5-466-00 1,200 Pay from Rec/Mun Beach Imp303-721-5-466-00 300 Pay from Golf Course ..........411-725-5-466-00 1.400 14,000 Professional Services Rendered in Connection with Rebate Report for The $11,650,000 Public Service Tax Revenue Bonds, Series 1986 for 9/30/94 Computation Date. Pay from 1992 Public ServTax207-888-5-468-00 13,750 27,521.31 27,750.00 COMMISSION FEB 6 APPROVAL P.2 Approval of Bills February 6, 1996 4 HOLT SYSTEMS P.O. 10206. Support System and Work Stations for the Library. Pay from General Fund 1994-95 Budget---001-711-5-670-02 SOUTH CENTRAL REGIONAL WASTEWATER & DISPOSAL User Charges for Tream~ent and Disposal of Wastewater for the Month &December 1995. Pay from Water and Sewer Revenue Fund---401-353-5-490-09 SOUWIt EASTERN MUNICIPAL SUPPLY P.O. 11204. 650 All Brass Meters for Stock Purposes. Pay from Water and Sewer Revenue Fund---401-333-5-387-00 SOUTH FLORIDA UTII,ITES P.O. 9781. Lift Station 317 Modifications. Original Contract Amount Change Orders Payments to Date Current Payments Contract Balance $ 424,094.00 0.00 314,303.75 86,210.55 23,579.70 Pay from 1990 Construction Fund---409-000-0-691 - 10 SOUTHERN SEWER EQUIPMENT P.O. 10940. Vac-Con Sewer Cleaner Mount on New Ford. Pay from Vehicle Service Ftmd---501 - 193-5-688-00 ZEAGER HARDWOOD CO P.O. 11319. Woodcarpet Material for Playground Project. Pay from Miscellaneous Trust Fund---691-000-1-693-25 14,305.00 182,456.41 20,625.00 86,210.55 69,575.00 8,062.50 COMMISSION APPROVAL · ~ P.3 Approval of Bills February 6, 1996 9.¸ ROSSI & MALAVASI ENGINEERS P.O.8861. Professional Services Rendered for Miner Rd/ Congress Aveneue Project. Original Contract Amount Change Orders Adjusted Constract Amount Payments to Date Current Payment Contract Balance $ 46,945.00 10,550.00 57,495.00 37,371.75 14,373.75 5,749.50 Pay from Miscellaneous Trust Fund---691-000-1-473-74 14,373.75 THE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. Grady~r'-~ I ITHEREFORE RECOMMEND PAYMENT OF THESE BILLS. Carrie Parker, City Manager COMMISSION FEB 6 APPROVAL