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Minutes 12-19-89MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, DECEMBER 19, 1989 AT 6:00 P.M. PRESENT Gene Moore, Mayor Robert Olenik, Jr., Vice Mayor Arline Weiner, Commissioner Lee Wische, Commissioner Sharon Randolph, Interim City Manager Sue Kruse, Deputy Clerk Raymond A. Rea, City Attorney Mayor Moore called the meeting to order at 6:00 P.M. After a moment of silent prayer, the Pledge of Allegiance to the Flag was led by City Attorney Raymond Rea. Mr. J. Scott Miller, soon to join the City as the new City Manager, was asked to join the Commission on the dais. AGENDA APPROVAL Under "LEGAL D. 1 (a)" Vice Mayor Olenik wished to add up- dates on the Ocean Ridge and Briny Breezes EMS Agreements. Under "NEW BUSINESS B. 2°" he wished to add discussion on the Bedding Barn incident. Under "OLD BUSINESS F." he wished to add discussion on the County-wide Planning Council. Under "ADMINISTRATIVE I." he wished to add discussion relative to a Sewer Board meeting that had just taken place. He wanted to ask the Commission to take action on a grant the City can apply for° Under "NEW BUSINESS A. 6." Mayor Moore wished to request an audit of the $3,000 Boat Parade Grant made recently. Under "NEW BUSINESS A. 7." he would like an update on the Rent~a-Cop Program. Under "NEW BUSINESS A. 8." the Mayor wished to have somebody report to the Commission on the matching County grant for the Dick Webber Center. Under "ANNOUNCEMENTS" Interim City Manager Sharon Randolph stated Civil Service Board Chairman Don Balmer would be making his annual Civil Service Board Report to the Commission. Under "CONSENT AGENDA F. Payment of Bills" she noted a second bill should be added for Seppala & Aho in the amount of $32,554.80~ This payment ~41 is for w~rk completed~ The Change Orders to be discussed later in the meeting are separate from these charges. Vice Mayor Olenik moved for the adoption of the amended Agenda. Commissioner Weiner seconded the motion which carried 4-0. ANNOUNCEMENTS i. City Hall will be closed Monday, December 25th and Tuesday, December 26th for the Christmas Holiday and Monday, January 1~ 1990, New Years Day. MINUTES - REGULAR CITY COMMISSION MEETING BO_WNTON BEACH, FLORIDA DECEMBER i9, 1989 2. Annual Civil Service Board Report Civil Service Board Chairman Don Balmer reported 1989 had been a busy year. In addition to the regular monthly meetings, as of October 1, the City had 779 employees. 206 people were hired in the 88/89 fiscal year. The Personnel Depto received 1,587 applications during the year. Civil Service Exams were given to 288 people for entrance posi- tions and 230 current employees took promotional exams. There were 51 different test dates. During the year there was one Civil Service Board Hearing and the employee was upheld in this case° CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of December 5~ 1989 Mayor Moore noted a correction needed to be made on page 16 in the seventh paragraph. Relative to the topic Firefighter Drug Testing, he had stated the Police Dept. had been quietly and effectively handling the situation. The Minutes incorrectly stated the Fire Dept. 2. Special City Commission Meeting Minutes of December 8, 1989 B. Bids - Recommend Approval - Ail expenditures are approved in the 1989-90 Adopted Budget None. C. Resolutions Nome. D. Development Plans Project Name: Agent: Owner: Location: Description: Hunters Run Tract L "Woods" Edward Schain, President The Woods at Hunters Run Condominium Assoc., Inc. West side of South Congress Ave., between the LWDD L-28 and L-30 Canals SITE PLAN: Request for approval of an amended site plan to allow for the addition of swimming pools in connection with a previous replat to incorporate additional portions of common area which were under 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 the jurisdiction of the master association. The Planning & Zoning Board recommended approval, subject to staff comments. Consider approval to transmit Road Impact Fees to Palm Beach County Per Grady Swann, Director of Finance's December 12, 1989 memorandum to Interim City Manager Randolph, it is recom- mended that impact fees collected during the month of November, i989 be transmitted to Palm Beach County. F. Payment of Bills -Month of November See List attached to the original copy of these Minutes in the Office of the City Clerk. Commissioner Wische asked for clarification on check ~62844, payable to Robert K. Alsofrom, Ph.D. Police Chief Hillery stated Dr. Alsofrom handles the Police Dept. job applicant psychiatric evaluations. Go Consider approval of contingency transfer/Child Care purchases and Martin Luther King, Jr. Celebration Commission approval is needed for a contingency transfer of $800 for the Martin Luther King, Jr. Celebration, $2,353 for the purchase of a new stove for the Child Care Center and $14,619 for grounds/landscape improvements and playground equipment for the Child Care Center. It was noted that this transfer does not include money for the childrens' sleeping cots. Interim City Manager Randolph had informed Commissioner Weiner information on the cots is yet to come. The trophy case is still in the works. Accept donation from Castoff Square Dance Club Formal acceptance is needed of a $2,000 donation to the City from the Castoff Square Dance Club. Commissioner Weiner wanted to extend thanks to the Club for this donation. Consider approval to purchase Trooper Moving/Stationary Radar Uni~ for Police Dept. Source Purchase (Approved 1989/90 Budset) Sole Commission approval is required for the purchase of 3 Traffic Radar Units from Kustom Electronics, Inc. of Jonesboro, Georgia for a total cost of $2~931.00. William Sullivan, Purchasing Director noted this purchase is not under State Contract° This is a sole source item. 3 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19~ 1989 Consider approval to purchase Automatic Sampler for Purge and Trap Analysis Tekmar Company - Sole Source Purchase (Approved 1989/90 Budget) As outlined in John Guidry, Utilities Director's November 6, 1989 memorandum to William Sultivan~ Purchasing Director, permission is requested for the purchase of an automatic sampler for purge and trap analysis from the Tekmar Company. Mr. Guidry recommends purchase of the Tekmar Model AL 2050 at a cost of $10,495.00. Purchase of the one year extended warranty for $750 is also recommended. K. Consider approval to purchase IBM computers and hardware (Approved 1989/90 Budget) As outlined in Michael Munro, Director of Data Processing's December 12, 1989 memorandum to William Sullivan, Personnel Director, the purchase of a variety of IBM Computers, soft- ware, printers, etco is requested~ The 17 Purchase Requisitions for various departments total $71,434.50. L. Consider approval of emergency purchase of ice machine for the Public Works Dept. (Non-budgeted item) As outlined in Sharon Randolph, Interim City Manager's December 19, 1989 memorandum, the emergency purchase of a new ice machine is recommended from Manitowoc Equipment Works of Manitowoc, Wisconsin in the amount of $3,414.32. William Sullivan, Purchasing Director noted the machine purchased back in August, i989 was in Utilities. In the interim they had budgeted a new replacement machine in the new budget year. The one we have now is in Public Works and was purchased about 5 years ago. It will cost about $I00 more to buy a new machine as opposed to having this one repaired. The old machine is used by Facilities Management and it just barely produces enough ice for that division, and not enough for Public Works. Vice Mayor Olenik, %~o had questioned this purchase, was satisfied with the explana- tion. Mo Consider approval of Omniprint 1000 Laser/Fingerprint Identification System for the Police Dept. - Sole Source Purchase - (Approved 1989/90 Budget) Commission approval is requested for the purchase of the Omniprint i000 Laser/Fingerprint Identification System from Omnichrome of Chino, Ca!i~ornia for a total amount of $10~395o00o N. Consider approval to purchase printer for Golf Course to be attached to Cash Register - (Approved 1989/90 Budget) 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 As outlined in Joe Sciortino, Golf Course Manager's memoran- dum dated November 13~ 1989, the purchase of one Sale Chit Printer is recommended in the amount of $1,300. The unit will be purchased from Computer Golf Software of Boca Raton, Florida and will interface with the existing cash register. O. Consider approval to purchase portable repeater and display pager transmitter - (~pproved 1989/90 Budget) As outlined in Lt. D. Thrasher's November 27, i989 memoran- dum to Deputy Chief Carl Dixon, purchase is recommended of a portable Unitel Repeater and Display Pager Transmitter from Audio Intelligence Devices of Ft· Lauderdale, Florida in the amount of $6,077.00. Approve ratification of South Central Regional Wastewater Treatment and Disposal Board action of November 9~ 1989 Commission ratification of the SCRWTD Board action of November 9, 1989 is required° This includes: 1) D~endment to Operating Budget and User Fee 2) User ~harge Rate Q. Consider approval of Lien Appeals Name: Vincent Mackey Address of Violation: 716 N.E. 3rd Street Mackey's Tire & Auto Service The Commission chose to pull this item from the Consent Agenda so it could be discussed individually after the Consent Agenda° R. Approval of Bills See List attached to the original copy of these Minutes in the Office of the City Clerk° Vice Mayor Olenik referred to the IBM/Rolm Systems bill the amount of $90,754.57. He asked how much the phone system was costing us and what does Phase II consist Ofo Hugh McCaffreyt Communications Manager reported on what Phase II consisted of and indicated the entire project cost about $128~000. It is not to be paid out of the Local Option Gas Tax Fund. The Vice Mayor asked City Attorney Rea if he needed to absLain from voting on item ~21 which is a payment to McCaw Communications of Florida° It is a purchase of Motorola cellular phones. City Attorney Rea responded negatively. 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19~ 1989 Another bill from Seppala & Aho was added to the list in the amount of $32~554o80. This will be payment ~4i to them° City Attorney Rea noted ~40 and ~41 should be approved. Motion Commissioner Wische moved to approve the Consent Agenda. Vice Mayor Olenik seconded the motion which carried 4-0. Consider approval of Lien Appeal 1. Vincent Mackey - Case ~ 88-20003438 716 N.E. 3rd Street Mackey's Tire & Auto Service As outlined in Wilfred Hawkins~ Assistant to the City Manager/Ombudsman's December 15, 1989 memorandum, leniency is recommended in this case, reducing the fee to a $1,555.53 administrative charge. Mayor Moore noted this was another example of a situation where a lot of time is wasted "spinning our wheels" on something that ends up getting approved~ The Vice Mayor didn't think there were exte~ nuating circumstances on this lien appeal. It took this person over a year to comply. The Mayor remarked there was a new law which was not totally clear that the Code Enforcement Board would initially hear these requests for leniency as opposed to the City Commission or there might be a joint hearing by them and then an appeal to the Commission. He personally thought it should stay the way it is with appeals to go to the City Commission for final determination. Wilfred Hawkins~ Assistant to the City Manager reported some of Mr. Mackey's customers were not able to pick their vehicles up immediately after repairs. He was not able to find a place immediately to move the cars when he was cited° Mr. Mackey is leasing the property from the owner. Mr. Hawkins noted Mr. Mackey had been working towards obtaining necessary variances to give him a certain amount of storage area on the property. Mr. Hawkins felt Mr. Mackey would probably have to work out some type of payment plan to repay the $i~555.53. Discussion transpired and several Commissioners commented they did not want to send the message to the community that if they ignore their liens and then appeal to the Commission they will get leniency. Commissioner Weiner moved to extend leniency in this ease. Commissioner Wische seconded the motion which carried 3-1o Vice Mayor Olenik voted against the motion. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 BIDS None. DEVELOPMENT PLAN A. Project Name: Agent: Owner: Location: Description: Cormac Conahan, Attorney Boynton Beach Mall - Sears Addition (Postponed to December 19, 1989) Cormac Conahan, Esq. Boynton-JCP Assoc., Ltd - Lake Worth Drainage District North Congress Ave. at Old Boynton northwest corner SITE PLAN MODIFICATION: Request for an amended site plan and amended Development of Regional Impact development order to allow for the addition of a 134,526 sq. ft. de- partment store and a change in parking lot layout and design. for Boynton-JCP Assoco, Ltd. addressed the Commission and provided a history of what had taken place since May, 1989. There were three items that the Region, in its review, had determined needed to be looked at again, namely, drainage, preservation of the trees in the northwest corner of the site and traffic. Mr. Conahan made comments on these three topics. Relative to the traffic issue, Mr. Conahan noted they had proposed that a mass transit alternative be explored that would call for the developer to contribute $300,000 with matching funds that would hopefully bring about a bus system that would relieve impacted road~;ays. ~nis had been approved conceptually, but the Commission was desirous of seeing the language prior to final approval. The Development Order before the Commission provides for saving all of the pine trees. It also provides that instead of a $300~000 contribution to a mass transit alternative, that the applicant will fund up to $525,000 towards that alter- native, not for three years, but for five years° With respect to the drainage items, all of the recommendations of the Region are incorporated therein. Mr° Dick Greco made remarks about required parking spaces and applying for a variance from the City in this regard. No pine trees will be removed and the Javert Street wall will be redone as shown in the original plan. Regarding the transit system, Mr. Greco stated they still had not come to a total conclusion and he remarked this 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 topic would still have to go to the County Commission and the MPO. They had agreed to do a destination and origin study. Further comments were made about Co-Tran and the $525,000 to be applied by the applicant to the transit system and obtaining grants from the State and Federal governments. In the end, over $i,000~000 would exist for the transit service. Mayor Moore commended the applicant for his perseverance and patience in this matter. He hoped the other governmental agencies involved would support the plan to get this faci- lity in Boynton Beach. Commissioner Wische thanked the applicant for being flexible and working this out to everyone's satisfaction. Roger Saberson, who represents Treasure Coast Regional Planning Council was allowed to address the Commission even though this was not a Public Hearing. He had spoken to the Regional Planning Council staff who had been in touch with City staff and City staff had been advised that if the Commission adopts what has been presented, in its present form, the Regional Planning Council staff would be recom- mending to the Regional Planning Council a DRI Appeal of the Order. A number of issues, in their opinion, have not been adequately addressed~ Traffic was one of these issues. Vice Mayor Oienik moved to approve the amended site plan to allow for the department store at the Boynton Beach Mall. Norman Gregory asked if citizens would be allowed to express their views as it relates to this project and Co-Tran. He had been asked to represent two local transit companies~ that had been trying to contact Co-Tran and had been tracking events at Treasure Coast over the months. They feel they also have an alternative to perhaps a more compre~ hensive program than that which is being submitted by the DeBartolo people. Before anyone approves this, they would like to have an opportunity to speak with these people. Mr. Gregory stated under the regulations, when there is a private bus line that is willing, it precludes any of the governmental agencies from participating. They would like to be able to demonstrate that they are able, ready and willing to take on the transit system. Mr. Gregory remarked it was being stated that perhaps these State and Federal funds are the exclusive right of Co-Tran and this is not factual. Discussion transpired. Mr. Conahan remarked they would be happy to talk to these local companies to see what could be accomplished. Their goals are the same. If this is done through Co-Tran or through a private system, they would be happy to discuss this. 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 Mr. Greco stated they had been working on this for months. Relative to the private lines, he statedt "We're not excluding them in any way". They would continue talking to the Region about this problem. Comments were made about the County having to approve or disaprove the arrangements. Commissioner Wische seconded the motion currently on the floor. The motion carried 4-0. Proposed Resolution No. 89-UUU Re: Amending Development Order - Proposed Sears Store Commissioner Weiner moved to approve Resolution 89-UUU. Vice Mayor Olenik seconded the motion which carried 4-0. Later in the meeting, Mayor Moore stated he wished to recognize and express the appreciation of the City for the efforts of Mrs. Rossi, Mrs. Durando~ Mrs° Martin and par- ticularly Mr. Boyar. Mr. Boyar had come up with a plan which solved the drainage program and saved the pine trees. PUBLIC HEARINGS ao The Island Pond Annexation, Rezoning and Land Use ~endment Application had been withdrawn at the appli- cant's request. Project Name: Agent: Owner~ Location: Description: Boynton Nurseries Roger G. Saberson, Esquire Boynton Nurseries Lawrence Road REZONING: Request to show annexed land as "Low Density Residential" and to rezone from AR (Agricultural Residential) in Palm Beach County to AG (Agriculture) to allow for a future rezoning to a residential zoning category. Jim Golden, Senior Planner, noted a correction should be made to the Agenda as this is a Land Use Element Amendment and Rezoningo It was advertised as both. Mr. Golden read material from Tim Cannon, Interim Planning Director's December 5, 1989 memorandum to the Planning and Zoning Board. ~ne factual material appears under the heading Introduction. This memo is on file in the City Clerk's office. It was explained that the developer is currently working on a P.U.D. rezoning. He plans to submit this to the City in a week for February Public Hearings° If the Commission appro- ves this request, it will go to the DCA for a 90 day review, 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 during which time the Public Hearings will be held on rezoning to P.U.D. W-hen the DCA response comes back on the Land Use Amendment, it will go through first and second reading of the Ordinances to amend the Future Land Use Element to Low Density, rezone to a P.U.D. and annex this property into the City. Mr. Golden explained the surrounding land uses and zoning. Material from the December 5, 1989 memorandum under Future Land Use'and Rezoning was explained. Vice Mayor Olenik asked why they were requesting rezoning to AG and not R-iA or R-1AA. Mro Golden responded it was originally the intent of the developer to submit a rezoning to a P.U.D., however, because of the October I/April 1 deadline, he did not have sufficient time to prepare the Master Plan for the P.U.D. by that deadline~ The proposal has worked out to submit this as AG (a holding category). If approved by the Commission, while it is being reviewed by DCA for the 90 day period, they will submit a rezoning application for the P.U.D. When we get to the Ordinances, everything will be approved con- currently. The intent is to submit for rezoning and have February Public Hearings. Material in the December 5, 1989 memorandum under the heading Comprehensive Plan was explained. Mr. Golden made comments regarding units per acre and density. Reference was made to a letter from the County expressing their views. Their response appears as Exhibit E in the staff report. They discussed their concern relative to whether the pro- posed annexation is compact. The County felt the annexation projects westward from the existing City boundaries and the area of contiguity, thereby expanding an existing finger area of municipal land in a serpentine pattern. Comments were made about the definition of "compactness." Mr. Golden stated the City's Comprehensive Plan discusses annexing p~operties West of Lawrence Road only if annexation would be consistent with Florida Statutes and the properties could be efficiently served. Although this is the first property West of Lawrence Road to request annexation, this property is contiguous to corporate limits on its entire eastern property boundary and would not create an isolated pocket. Comments were made about previous discussion about annexation of properties West of Lawrence Road and service. Vice Mayor Olenik recalled a motion which passed over a year ago that said this Commission would annex to its service area, which is the E-3 Canal. He didn't know why people kept saying we would only annex to Lawrence Rd. Commissioner Wische recalled this as well. 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA DECEMBER 19, 1989 The recommendation from staff is for approval. Most of the staff comments are advisory in nature. There are really no comments that need to be made a condition of the approval. Essentially, Mr. Golden thought it could be approved as sub- mitted. MayOr. Moore asked if there was anyone present who wished speak in favor of or in opposition to this matter. to Mr. Phil Leslie, President of COBRA stated they were opposed principally in conformity with the report received from the County Commission° He read the fourth paragraph of the County Commission's letter to Mr. Golden dated November 28, i989. He distributed maps he had prepared which indicated a ragged western border of the City. Adding this annexation, in his opinion, would be inappropriate. Other comments were made. Roger Saberson, representing Boynton Nurseries, made com- ments on the County cutting the overall density. They are applying for 4.84 units per acre. They have had discussion with staff on a proposed P.U.D. for 4.77 units per acre. They have lost a substantial amount of density in the last six months. He asked the City to change its Comprehensive Plan to indicate this property could be annexed into the City and also grant the request for 4.84 units per acre. Mayor Moore asked if that was to be done simultaneously at this time or was the annexation separate. City Attorney Rea interjected we had to send it to the DCA for approval and then he would come back for the rezoning. As there was no further input from the audience, THE PUBLIC HEARING WAS CLOSED. Comments were made about the densities in Knollwood Groves~ Citrus Glen and Citrus Park~ This will be consistent with those densities° Concerning the service issue, Mr. Golden remarked that the County wasn't aware in the correspondence, of the City's new western Fire Station. This Station should resolve the issues raised. Motion Commissioner Wische moved to approve the annexation requested by Boynton Nurseries. Vice Mayor Olenik seconded the motion which carried 4--0. C. Project Name~ Agent: Cranbrook Lake Estates Lawrence J. Marchbanks, PoAo i1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 Owner: Location: Description: David and Joan Gaudette South Congress Ave. at Golf Rd., southwest corner ABANDONMENT: Request for the aban- donment of a 10 ft. wide utility easement (Lot 67, Block 2) Jim Golden, Senior Planner, explained this application is the third in a series of similar requests to abandon a 10 ft. wide utility easement that exists at the rear of the lots in Cranbrook Lake Estates. The easement is primarily occupied by Comcast and Southern Bell. In this case there is an existing swimming pool encroaching the easement which is clouding title to the property. The Planning and Zoning Board and staff recommend approval, subject to staff com- ments. Comments were made about varying circumstances regarding these cases and the piecemeal way it is being handled° The Vice Mayor thought perhaps the Planning Dept. should look into the possibility of the Homeowners Assoc. handling the abandonment all at one time. The recommen- dation was for approval, subject to the applicant working out the relocation of the existing utility easements° Mayor Moore asked if there was anyone present who wished to speak in favor of or in opposition to. this abandonment. Lawrence Marchbanks representing the Owners addressed the Commission and requested they support the staff recommen- dation and approve this. Commissioner Weiner moved to approve the abandonment of the i0 ft. wide utility easement, subject to staff comments. Commissioner Wische seconded the motion which carried 4-0. PUBLIC AUDIENCE Henrietta Solomon, 230 N.E. 26th Avenue, Boynton Beach referred to comments by Commissioner Wische at the previous Commission meeting criticizing the Chairman of the Board of Adjustment for something he thought was not handled correctly. She noted that two meetings ago a new member was appointed to the Board of Adjustment as a regular member, overstepping the alternate. As Ms. Solomon recalled, Commissioner Wische in the past had been emphatic about stopping this unfair practice. This appointment was made by Commissioner Wische and she felt his integrity becomes questionable when he engages in this type of behavior. Ms. Wilda Searcy. 402 N.E. 13th Avenue, Boynton Beach pro- vided the Commission with a proposal from Mr. Remar Harvin of Community Development. Ms. Searcy remarked she was 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 pleased recently to see a young 17 year old Santaluces stu- dent working at City Hall~ She was glad the City was willing to employ young people. Mr. Dominic Polita, General Manager of RumBottoms Restaurant requested permission to extend the operating hours of the restaurant on New Years Eve until 5:00 A.M. City Attorney Rea noted this was allowable as stated in the Code of Ordinances, page 289. Mayor Moore requested the Public Information Officer get this information to everyone in the City that has a Beverage License. Mr. Dan Boyar, 712 S.W. 3rd Ave., Boynton Beach remarked he had addressed the Community Appearance Board regarding the proposed landscape plan for the new City Hall. He felt some aspects of the plan should be modified in keeping with environmental factors and water conservation. The CAB sup- ported his suggestions. The plan was approved years ago and it may ultimately have to come before the Commission in order to implement some of the proposed modifications. He would like 1) to use Melaleuca mulch instead of Cypress mulch, 2) substitute native flowers and ground covers for the annual bedding flowers, and 3) replace several of the non-native trees and shrubs with native species. Mayor Moore remarked that the General Contractor had just fired the Landscape Architect. He asked Mr. Boyar if he would be willing to undertake the responsibility of assisting in coming up with this plan. The Mayor agreed with Mr. Boyar's concept and thought water should be con- served. The Mayor thought staff should investigate getting rid of all the Melaleuca trees around City Hall. Commissioner Wische stated at the CAB meeting, Mr. Boyar, Mr. Haag and Mr. DeBeck had indicated they would meet and try to work these things out. *Commissioner Wische moved that the Landscape Architect:s plans now in place be reviewed at the earliest possible date, in concurrence with the CAB. Mr. Boyar will serve as an advisor. Vice Mayor Olenik seconded the motion which carried 4-0. LEGAL Ao Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 89-49 Re: Approving Amended Community Redevelopment Plan Seepage 1, 1/2/90 Minutes for clarifi- cation of 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA DECEMBER 19, 1989 City Attorney Rea read proposed Ordinance No. 89-49 on second and final reading, by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AMENDED COM~/UNITY REDEVELOPMENT PLAN FOR THE CITY'S EXPANDED REDEVELOPMENT AREA; FINDING THAT THE PLAN CONFORMS TO THE CO~NK3NITY REDEVELOPMENT ACT OF 1969, AS AMENDED; PROVIDING AUTHORITY TO MODIFY OR AMEND SAID PLAN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. As there was no input from the public for or against the proposed Ordinance, THE PUBLIC HEARING WAS CLOSED. In order to discuss this Ordinance, Commissioner Weiner moved to approve proposed Ordinance 89-49 on second and final reading. Commissioner Weiner was concerned with the inclusion of a shopping center right across the street from City Hall. In order to get this plan accepted so we can have a TIF base, she proposed leaving out that shopping area from the plan and replacing it with zoning for an office building. Vice Mayor Olenik remarked he had been prepared to go with the retail knowing it would have to come back to be rezoned. He felt the ideal use for that land would be some sort of office building. He referred to vacant office buildings that exist in the County and didn't know that this was a very practical solution. He would be willing to approve this knowing the Commission could be very strict on what comes in there. If it is retail, they would have to be sure it is supportive of the Municipal Complex. Commissioner Weiner repeated her motion to approve the second reading of the Ordinance as it reads. Commissioner Wische seconded the motion. A roll call vote was taken by Sue Kruse, Deputy Clerk, as follows: Commissioner Weiner - Aye Commissioner Wische - Aye Mayor Moore - Aye Vice Mayor Olenik - Aye Motion carried 4-0. Commissioner Wische left the dais. B. Ordinances - ist Reading: Proposed Ordinance No. 89-50 Re: Seasonal Retail Sales 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 City Attorney Rea read proposed Ordinance 89~50 on first reading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A-ZONING, SECTION 11. SUPPLEMENTAL REGUIJtTIONS, TO ALLOW FOR SEASONAL OUTDOOR RETAIL SALES SPONSORED BY NOT FOR PROFIT ORGANIZATIONS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A-ZONING. NOT SPECIFICALLY HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. V~ce Mayor Olenik moved for the adoption of proposed Ordinance No. 89-50 on first reading. Commissioner Weiner seconded the motion. A roll call vote was taken by Sue Kruse, Deputy Clerk, a~ follows~ Mayor Moore - Aye Vice Mayor Olenik - Aye Commissioner Weiner - Aye Motion carried Proposed Ordinance No. 89-51 ReT Non-Conforming Use - Coastal Towers City Attorney Rea read proposed Ordinance 89-51 reading by title only~ on first A~N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA~ RELATED TO THE COASTAL TOWERS CONDOMINIUM APARTMENTS, LOCATED IN PARTS OF LOTS 53 AND 54 DEWEY'S SUBDIVISION, SAID LOCATION MORE PARTICULARLY DESCRIBED HEREIN EXEMPTING SAID CONDOMINIUM APARTMENTS FROM THE PROVISIONS OF APPENDIX A - ZONING, SECTION ii.1 NON-CONFORMING USES A~ND STRUCTURES, F. RECONSTRUCTION OR REMOVAL; PROVIDING A SEVERABILITY CLAUSE; ASI EFFECTIVE DATE AND FOR OTHER PURPOSES. Vice Mayor Olenik moved to adopt proposed Ordinance No. 89-51 on first reading. Commissioner Weiner seconded the motion. City Attorney Rea commented if Coastal Towers gets hit by a major storm or major fire, they should be able to rebuild. This should remedy any problems they are having with insurance. They are still non-conforming but the provision denying the right to rebuild if 70% of the value is destroyed is not applicable to them. i5 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA DECEMBER 19, 1989 Mr. Harry B. Stein, 760 E. Ocean Ave., Boynton Beach was allowed to speak, even though this was not a Public Hearing. Mr. Stein remarked there is another aspect to the problem involving density. Four stories is permitted where they are located~ Coastal Towers was constructed prior to that regu- lation and is five stories. He thought this Ordinance would only solve part of the problem. Mayor Moore stated they are nonconforming because of the density and the height, but the City has taken away the sting of the nonconforming classifi- cation by giving them a waiver. A roll call vote on the motion made earlier was taken by Sue Kruse, Deputy Clerk as follows~ Mayor Moore - Aye Vice Mayor Olenik - Aye Commissioner Weiner - Aye Motion carried 3-0. Commissioner Wische returned to the dais. Proposed Ordinance No. 89-52 Re: Adopt Standard Building Code 1988 Edition City Attorney Rea read proposed Ordinance No. 89-52 on first reading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA~ AMENDING CHAPTER 5~ BUILDING CODE, SECTION 5-3 ADOPTION OF THE STANDARD BUILDING BY ADOPTING THE STANDARD BUILDING CODE, 1988 EDITION, TOGETHER WITH UNIFORM MINIMUM PALM BEACH COUNTYWIDE AMENDMENTS AS RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Commissioner Weiner moved to adopt proposed Ordinance No. 89-52 on first reading° Vice Mayor Olenik seconded the motion~ A roll call vote on the motion was taken by Sue Kruse~ Deputy Clerk as foliows~ Vice Mayor Olenik Commissioner Weiner Commissioner Wische Mayor Moore Aye Aye Aye Aye Motion carried 4-0. Proposed Ordinance No. 89-53 Re~ Adopt Model Countywide Standard for Installation of Roof Coverings, 1989 Edition 16 MINUTES - REGULAR CITY COMMISSION MEETING BOY!~TON BEACH, FLORIDA DECEMBER 19, 1989 City Attorney Rea read proposed Ordinance 89-53 on first reading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA~ AMENDING CHAPTER 5, BUILDING CODE, SECTION 5-7 STANDARD FOR THE INSTALLATION OF ROOF COVERINGS CODE BY ADOPTING THE PALM BEACH COUNTYWIDE STANDARD FOR THE INSTALLATION OF ROOF COVERINGS, 1989 EDITION, REVIEWED AND RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY AND BUILDING OFFICIALS ASSOCIATION OF PALM BEACH COUNTY; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Commissioner Wische moved to adopt proposed Ordinance No. 89-53 on first reading. Vice Mayor Olenik seconded the motion~ A roll call vote was taken by Sue Kruse, Deputy Clerk as follows~ Commissioner Weiner Commissioner Wische Mayor Moore Vice Mayor Olenik Aye Aye Aye Aye Motion carried 4-0. 5. Proposed Ordinance No. 89-54 Re: Adopt Standard Plumbing Code~ 1988 Edition City Attorney Rea read proposed Ordinance 89-54 on first reading by title on!y~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYI~TON BEACH, FLORIDA, AMENDING CHAPTER 5, BUILDING CODE~ SECTION 5-28 ADOPTION OF THE STANDARD PLU~ING CODE BY ADOPTING THE STANDARD PLUMBING CODE, 1988 EDITION, TOGETHER WITH UNIFORM MINIMUM PALM BEACH COUNTYWIDE AMENDMENTS AS RECOmmENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY; PROVIDING A CONPLICTS CLAUSE; A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AN EFFECTIVE DATE AND FOR OTHER PURPOSES~ Commissioner Wische moved to adopt proposed Ordinance No. 89-54. Commissioner Weiner seconded the motion. A roll call vote was taken by Sue Kruse, Deputy Clerk as follows: Commissioner Wische Mayor Moore Vice Mayor Olenik Commissioner Weiner Aye Aye Aye Aye 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 Motion carried 4--0. Proposed Ordinance No. 89-55 Re: Adopt the Florida Energy Efficiency Code for Building Construction, 1989 Edition City Attorney Rea read proposed Ordinance 89--55 on first reading by title only: A-N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BO~NTON BEACH, FLORIDA, AMENDING CHAPTER 5, BUILDING CODE, SECTION 5-51 CODE ADOPTED. BY ADOPTING THE FLORIDA ENERGY EFFICIENCY CODE FOR BUILDING CONSTRUCTION, 1989 EDITION: PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Commissioner Weiner moved to adopt proposed Ordinance No. 89-55 on first reading. Commissioner Wische seconded the motion. A roll call vote was taken by Sue Kruse, Deputy Clerk as follows: Mayor Moore - Aye Vice Mayor Olenik m ~e Commissioner Weiner - ~e Commissioner Wische - Aye Motion carried 4-0. Proposed Ordinance No. 89~-56 Re~ Adopt the Standard Mechanical and Gas Edition Code, 1988 City Attorney Rea read proposed Ordinance 89-56 on first reading by title only: AN ORDINANCE OF THE CITY CO_MMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5, BUILDING CODE, SECTION 5-70 ADOPTION OF THE STANDARD MEC.,WJkNICAL CODE AND GAS CODE BY ADOPTING THE STANDARD MECHANICAL CODE AND GAS CODE, 1988 EDITION, TOGETHER WITH UNIFORM MINIMUM PALM BEACH COUNTYWIDE AMENDMENTS AS RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Vice Mayor Olenik moved to adopt proposed Ordinance Noo 89-56 on first reading. Commissioner Weiner seconded the motion. A roil call vote was taken by Sue Kruse, Deputy Clerk as follows: 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 Vice Mayor Olenik Commissioner Weiner Commissioner Wische Mayor Moore Aye Aye Aye Aye Motion carried 4~0. C. Resolutions: 1. Proposed Resolution No. 89-VVV Re: J. Scott Miller Contract A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO AN EMPLOYMENT AGREEMENT ON BEHALF OF THE CITY WITH Jo SCOTT MILLER, TO PERFORM THE DUTIES OF CITY MANAGER FOR THE CITY OF BOYNTON BEACH; STATING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. The Mayor asked Mr. Miller if he had any questions. Mr. Miller responded negatively. Commissioner Weiner moved to adopt proposed Resolution Noo 89-VVV. Commissioner Wische seconded the motion which carried 4-0. D~ Other~ 1. Emergency Medical Service Agreement - Town of Gulfstream - Previously TABLED Vice Mayor Olenik moved that this topic be removed from the table. Commissioner Weiner seconded the motion which carried 4-0. It was noted that the Town of Gulfstream had been nego- tiating with Bethesda Ambulance Service. The Vice Mayor asked if that meant we were not going to answer medical or fire calls from that Town. Interim City Manager Randolph replied it means we will until we give them notice that we no longer shall. The Vice Mayor wanted to know if we intended to collect any funds for the calls made thus far since October 1° Ms. Randolph stated we have no agreement with them. We are still working under mutual aid. The Vice Mayor noted we have no mutual aid agreement with them. He thought technically if we entered into the Town on a call, we have no indemnification from the Town of Gulfstream. Mayor Moore wondered where negotiations had broken down. Ms. Randolph responded that with Gulfstream, we could not make the running time. The Commission didn't think we 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA DECEMBER 19, 1989 should be providing this service free. The Mayor thought they should be told that if Boynton Beach cannot meet the guidelines, they'll have to go back to Delray Beach° Ms. Randolph suggested 30 days notice. The Mayor thought we should cooperate with them so long as they pay the back ser- vices and anything else we do. Ms. Randolph made comments on contracts being sent to Ocean Ridge as well for their approval° They appear to be nego- tiating with Bethesda Amubulance Service as well. The Mayor remarked they should be cut off as we've been serving them free for years. He felt it was time we got something out of them or tell them to go their own way. The Mayor instructed Ms. Randolph to advise Ocean Ridge the next morning. If Boynton Beach gets any more calls from them, they will be billed. Reference was made to an agreement signed two months ago and then we never heard anything after that° Vice Mayor Olenik remarked he had a proposal which he would bring to the first meeting in January in this regard. He felt the proposal might be able to solve these problems. Consider approval of Questionnaire and Agreement to Conduct Survey - City of Boynton Beach and the League of Women Voters of South Palm Beach County, Inc., (Update Boynton Beach) Laura Widmer~ Public Information Officer reported the League was guaranteeing a minimum of 1~500 calls in an attempt to get 500 responses. Discussion took place on getting a fair sampling. Some League members are willing to make more calls if necessary and the phone numbers are ready for them. Basically, they will keep going until they get the 500 responses. A $500 contribution will be made to the League° Vice Mayor Olenik moved to approve. Commissioner Weiner seconded the motion which carried 4~-0. 3. Consider approval of Water Service Agreements with Tropical Terrace a) Russell Steele b) Paul & John Lodoia c) Paul & John Lodola d) Jeannett ¥ount Lot 45 & ½ of 46 Lot 185 Lots 201, 202, 203, 204 Lots 87 and 88 Vice Mayor Olenik moved to approve these Water Service Agreements. Commissioner Weiner seconded the motion which carried 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 4. Consider approval of Water Service Agreement - Sam and Carmen Mercado Commissioner Wische moved to approve this Water Service Agreement. The Vice Mayor asked where this was located. Jim Golden, Senior Planner responded it was located at the SW corner of High Ridge Rd. and Hypoluxo and is contiguous to Stanford Park. Mr. Golden noted a memo had been sent %~ich addressed Comprehensive Plan and annexation issues. The property is annexable. Vice Mayor Olenik seconded the motion to approve, and the motion carried 4-0. Later in the meeting discussion resumed on this topic and this ended up being rescinded and TABLED. See page 25 of these Minutes. 5. Discussion of a Self-Insurance Fund Ordinance Olivia McLean, Risk Manager stated they were seeking per- mission to work with the City Attorney on developing an Ordinance that would govern the City's self insurance fund, establishing amounts that would be provided for the fund each year, governing underfunding of the account and making those types of provisions. The Commissioners were agreeable to Ms. McLean and Mr. Rea working to develop this Ordinance. 6. Consider approval of Investment Banker for 1990 Water & Sewer Revenue Bond Issue Mayor Moore suggested tabling this topic. He didn't wish to be "stampeded" into voting on something provided to him at the "eleventh hour". He thought the Commission should give serious consideration to looking into value engi- neering where we would get outside, totally independent advice as to what the scope of this project ought to be and how it ought to be funded. He thought the advice received should not be dependent on the size or scope of the project, affecting the size of payment. Vice Mayor Olenik didn't think this had come up at the ele- venth hour. Six weeks ago, ~en we went out to RFP, it was stated that at the second meeting in December there would be a recommendation to select a management investment banker committee to handle the sale of the utility bonds in or around the February/March time frame. Vice Mayor Olenik made comments about Stone/Webster and whether they are indepen- dent or not. He thought they might have violated the Competitive Negotiators Act set up by the State Legislature because they have talked to us about doing value engineering and given us a price. Other remarks were made. The Vice Mayor thought the Commission should listen to the recommen- dations of the committee. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 John Guidry, Director of Utilities reported Mr. Dave Segal was enroute to the meeting and asked if this topic could be brought up when he arrives. There was agreement to table this until later in the meeting. Please see page 23 of these Minutes where discussion resumes. OLD BUSINESS Jarvis Wellfield Report on Remedial Work and Explanatory Aquifer Investigation - (John Guidry requested this remain on the table until 12/19/89) John Guidry, Utilities Director remarked the Jarvis Wellfield is the backbone system wellfield ~or the existing water treatment plant. Mr. Guidry stated his predecessor never had the opportunity to pull any of those wells out of service since they were commissioned ten years ago. We had ~ound iron encrustation in the screens. We went back in, redeveloped the wells and found we were able to increase their efficiency by 90%. Technical comments were made regarding the acidization program and the fact that we need to spend the money to rejuvenate each one of the wells in the Jarvis Well~ield. Concern had been expressed by the Vice Mayor over the large sums of bond monies needed for the Capital Improvement Programs for Utilities. Mr. Guidry reported those wells give us the additional capa- city we need to satisfy the 17.5 MGD capacity we have at the existing treatment plant. 5~ne bond issue, if resolved, can be charged for $480,000 because it is additional capacity to meet growth. If not passed, it would have to come from the General Reserve Fund. Mr. Guidry requested the Commission approve the $480,000 expenditure out of the General Reserve Fund at this stage. Comments were made on the current water shortage. Mr. Guidry remarked if this is not approved, we will have serious problems. This would help "ease the pain" we are experiencing, but would not get us ahead. The funding would be for the driller~ the geophysical consultant, the acidiza- tion, the disposing of the spin acid, etco Comments were made about the driller, Diversified Drilling. Mr. Guidry stated if we do this, he would be able to save the mobiliza- tion and demobilization costs on rigs because we do have rigs in there. This could be done without going out to bid in Mr. Guidry's opinion. He felt it would be an extension of the existing contract that we have with Diversified and could be handled by ~nange Orders. The Mayor responded this was a different project and discussion abou~ fairness ensued. City Attorney Rea interjected it should be put out to bid. The Mayor remarked Diversified Drilling might be 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 able to beat 'the bid if they don't have to dismantle their equipment~ Vice ~yo~ Olenik moved to authorize the City to go out to bid for the Jarvis Wellfieid Remedial Work and Explanatory Aquifer Investigation on the other wells in the wellfield. Commissioner Weiner seconded the motion which carried 4-0o A brief recess was called at 7:50 PoM. The meeting resumed at 8:00 PoMo 6. Consider approval of Investment Banker for 1990 Water & Sewer Revenue Bond Issue As Mr. David Segal from Prudential Bache Capital Funding had arrived at the meeting, discussion on this topic resumed. Mr~ Segal reported the selection committee would consist of himself, John Guidry and Grady Swanno About six weeks ago the City had authorized them to send out a RFP to investment bankers for the purpose of serving as an underwriter for the water and sewer financing program. They received about 18 proposals which were reviewed and short-listed to eight firms~ The firms were interviewed and a recommendation of 5 firms is now to be made, All eight firms were qualified to serve on the financing team. The firms include: Smith Barney, Paine Webber, Morgan Stanley, William R. Hough and Co. and Southeastern Municipal Bonds. The committee recom- mended Smith Barney as the Senior Manager. The average discount is suill estimated to be about $900~000. The Mayor asked how much the bond issue would be for~ Mr. Segat responded they were in the process of looking at some of these ideas and a ~inancing structure would be developed. It may be one bond issue or it may be two. There may be refunding or there might not be refunding. Different ideas are being evaluated. Lengthy technical discussion regarding concurrency and impact fees took place. Mayor Moore repeated that he felt this should be tabled and he didn't think the Commission had any comprehension of what they were getting into. He didn't think the Commissioners understood enough about the technical aspects to make a decision. Commissioner Wische moved to TABLE this topic. Mayor Moore passed the gavel to Vice Mayor Olenik and seconded the motion. Discussion ensued about bidding on engineering pro- jects as opposed to someone taking on the job on an hourly basis with a cap. Mr. Rea noted if it goes over $6,000, it would have to go out to RFP. The Vice Mayor remarked you 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 don't get dollar values when you get it back° We evaluate and select a value engineer based on what they want to do for us, not based on how much they're going to charge us. We're still not going to know how much the person's going to charge us to do this. The Vice Mayor felt the Mayor had a problem with CH2M Hill and wondered why. The Mayor referred to the proposed five year contract with Prudential Bache and noted they said whatever work they would do would be $150/hour for the Senior firm and $70 for the others. He had calculated the cost for the time it would take and was not comfortable with it~ He felt they would basically "lay in the bushes" until the bond issue comes and then they would change over to a percentage of the bond issue. He didn't think this was right. Vice Mayor O!enik called for a vote on the motion to table, which was currently on the floor. The motion carried 3-1. Vice Mayor Olenik voted against the motion. Mr. Guidry recommended a special workshop with the City's consultant and including the financial advisors where the Commission sits down and discusses the issue in detail~ The Vice Mayor stated he would rather go out to bid on value engineering° If we were going to be overcharged, he wanted to know about it. Mr. Guidry stated he had no problem with going with value engineering but the one thing everyone needed to understand is that we are critically close to the end as far as water capacity is concerned. Discussion took place on time constraints that exist. Vice Mayor Olenik moved that the City go out to RFP for value engineering for the construction of the west water treatment plant and improvements to the eastern plant. Commissioner Weiner seconded the motion which carried 4--0. Mr. Segal felt it was important that the engineering side and the financial side of this program are considered separately. Mayor Moore remarked that the program he had "dug up" also included ~program management which has special bond counsel that would oversee whether we should go into refunding, what the scope of the project ought to be and give input on that. They are ~tied in together. That advice was included within the time schedule and the maximum they would run. This was for value engineering and program management. Program mana- gement is the financial side of it. They would have inde- pendent people and they would pay them out of whatever they get to give that input as to how you should approach the financing. 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA DECEMBER 19, 1989 Consider approval of Water Service Agreement Sam and Carmen Mercado This Water Service Agreement was discussed earlier in the meeting and the Commission moved to approve it. In view of additional facts that had come to the Vice Mayor's attention during the brief recess, he moved to reconsider this topic~ Commissioner Wische seconded the motion which carried 4-0. It was the Vice Mayor's understanding that our Water Service Agreement says that when the time is right, they should annex into the City. It seems that on this particular par- cel, the time is now right, but they do not wish to annex. Commissioner Weiner moved to rescind the approval. Commissioner Wische seconded the motion which carried 4.-0. Vice Mayor Olenik moved that this item be tabled until the next meeting. Commissioner Wische seconded the motion which carried 4-0. Staff was asked to notify the individuals involved of what had taken place. Consider approval of Change Order ~23 Seppala and Aho (Previously TABLED) Consider approval of Change Order 926 Seppala and ~ho (Previously TABLED) Consider approval of Change Order ~27 Seppala and Commissioner Weiner moved to remove item B. and C. from the table. Commissioner Wische seconded the motion which carried 4-0~ City Attorney Rea suggested item B., C. and D. be addressed at the same time. Michael Burman, the City's attorney in this matter had reviewed all three of these Change Orders and advises the City to pay. Commissioner Weiner moved to pay these Change Orders. Commissioner Wische seconded the motion which carried 4-0. E. Consider purchasing option for recycling material collection vehicle The Vice Mayor asked if we would be getting this vehicle before the January time frame if we lease its Craig Grabeel0 Director of Management Services responded it was not clear. The concern is if we lease/purchase, we have to go out to bid and that would take two to three months° We can do that 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 but do we want to begin collection. The amount of the grant has been determined to be $51,960. The Solid Waste Authority indicated that if we need to take more time and go out to bid, they will continue for up to 90 days to pick up~ If we do not expend the money, we will not get it back. Other remarks were made relative to cost. The consensus was to go out to bid on this item. Fo County-Wide Planning Council Discussion took place regarding a letter received from the County Commission relative to a replacement for Commissioner Weiner on the County-Wide Planning Council. The Vice Mayor felt it was important that the City have representation on the County-Wide Planning Council. The County Commission decided to leave that spot for Commissioner Weiner until her term expires° The Vice Mayor asked if the Commission was going to let Commissioner Weiner continue to be the City's representative or were they going to allow an empty seat to exist. The Mayor felt the County Commission was arbitrarily denying the City representation to which iu is entitled. He thought their own attorney had advised them it was wrong. The Mayor Stated the City has the right to remove and to recommend a replacement. Disagreement took place between some of the Commissioners. Commissioner Weiner thought the City was becoming more and more isolated in relation to our neighbors and our County. We have no representation on the County-Wide Planning Council, or the South County Council of Governments° There Ss no alternate representative on the Metropolitan Planning 0rganization~ She thought the Commission should stop this trend° Commissioner Wische stated the Commission made a motion and voted on it. The decision stands as far as he is concerned° The Mayor suggested this topic be brought up again when a full Commission exists. NEW BUSINESS A. Items for Discussion requested by Mayor Gene Moore 1. Los Mangos - Australian Pine Tree Removal - FEC This item remained on the table° 2. Drug Testing - Firemen 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 The Mayor remarked the recent drug testing situation in the Fire Dept. was handled poorly° It was in the hands of the Police Dept~ and it was proceeding in an orderly, pro- fessional manner. In the absence of a dire emergency, he thought the City should go with a more orderly procedure and not handle it administratively. It should involve the Police, the Chief of the department involved, the Union and legal counsel. There was agreement. 3. Handling of anonymous telephone calls and letters The Commission agreed that when anonymous phone calls are received at City Hall, the employee should listen to the message, thank the person and then hang up and not do anything about it. The Mayor remarked staff should be advised because in the past it has been handled differently. Water Conservation Program for Boynton Beach The Mayor had submitted written information to the Commission and asked them to consider it to see if some of the ideas might be adopted. Discussion ensued. Individuals not heeding the current water restrictions will be given one warning and will then be cited. Wilfred Hawkins, Assistant to the City Manager/Ombudsman stated the South Florida Water Management District is coming out with guidelines piecemeal. They have given basic instructions and will be coming out with forms to be used in citing people~ In the meantime, the City will be giving verbal and written warnings which will be tracked on a com- puter. The Police Dept. will handle the enforcement. Code Enforcement will act as an informational and warning entity. Unincorporated areas are under the jurisdiction of the Sheriff's Office~ 5. Tradewinds Mayor Moore reported we had gotten a recommendation from our attorney as to a settlement proposal. It wasn't accepted. There had been discussions of binding mediation or arbitra- tion with caps, but he thought we had gone beyond that now. Hopefully, there is still a viable chance at settlement. The Mayor remarked he had been involved in discussion with the Tradewinds people that evening, and he did not think it was appropriate to put it on the table at this time. He stated he would prefer for the Commission to consider it at a special meeting. Commissioner Wische was interested in what their proposal was. The Mayor explained the City had offered $5~000,000. They said $1t,000,000 and with some concessions for enhancements, we ended up at $8,000,000. 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 Mr. Martin Perry commented the City and his client's ideas continue to be substantially far apart. Howard Scharlin~ one of the principals in the project con- firmed that the Mayor had accurately described what was on the table and what they look at as the bottom line. He stated there had been suggestions of a floor and ceiling with binding mediation or binding arbitration° Based on numbers thrown out by Michael Morton, they are prepared to go forward with the numbers mentioned by the Mayor which is $1i~000,000 with concessions down so that they would receive a net of $8,000,000 without the enhancements. The enhan- cements will not be included° There would be mutual releases for all parties. This would be a "walk away deal". Commissioner Wische was interested in protecting the three principals who were former Mayors and Commissioners from being sued for $15,000,000 apiece. He asked if that would be taken off the record. Mr. Scharlin responded in the affirmative and stated there would be mutual releases. The "walk-away" figure would be $8,000,000 and no one in the City could be brought to Court. Mayor Moore remarked it would all be dismissed with the exception of the pending appeal by Mr. Lehnertz which we have no control over. Mrm Scharlin stated they would appreciate it if the Commission would consider this and "get this thing behind us tonight". The Mayor commented that he thought the Commission should give it more consideration. They needed to discuss whether the City would have to float bonds, would they take cash~ etc. The Vice Mayor was uncomfortable discussing this when the Agenda didn't really clearly indi- cate what was to be discussed. He knew there were a lot of people interested in this who were unaware of the substance of tonight's discussion. The Mayor stated a special meeting could be called for public input, within the next seven days. Discussion took place regarding whether calling a special meeting around the holidays was prudent~ The Vice Mayor thought they should wait and do this at a regularly scheduled meeting. The Mayor remarked there is a very early hearing date coming up that has absolute liability assessed against the City° He felt this would be another millstone around the City's neck° He felt the Commission should proceed with the special meeting within the next ten days. It was noted that Grady Swann was scheduled to return from vacation on January 3° Mr. Rea thought it would be good for him to be there as there might be financing alternatives to be addressed~ Mr° Scharlin stressed there are many issues of fairness involved in this matter. He felt they had been held up a 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 long time at tremendous expense and personal difficulty. He stated this was in the nature of an offer of settlement. The Commission was asking them to offer the City an option to settlement~ Mro Scharlin wanted the Commission to resolve this in the next week. Other comments were made. The Commissioners all agreed the public needed to provide input~ Mr~ Perry stated he had been working with the City for over five years on this issue. They had been attempting to nego- tiate some form of a resolution of this matter. Since May or June of 1989 they have made no progress. They have put an offer on the table to be considered. Mr. Perry stated, "These people, as a result of this public, that you want to invite in here~ and I don't have any objection, bring them in~ have been caused millions and millions of dollars in damages and every day it piles up higher. The offer is on the table. If you want to resolve it before the end of 1989, it is your choice°" The Vice Mayor asked what Mr. Burman had said about this offer. Mr. Rea stated Mr° Burmah takes a differing view on it. The Mayor remarked Mr. Burman was saying if unknown factors like the Lehner~z lawsuit continue on, it could be far more than i0 million in damages. The Vice Mayor coun- tered Mr. Burmah had also said it could be far less than 5 million° The Mayor stated he would call a special meeting for Wednesday~ December 27, i989 at 5:00 P~M. The Mayor said to get the public notice out and get a brief explanation of what the settlement proposal is. It will be discussed and the public will be allowed to provide input. Vice Mayor Olenik remarked he would like to meet with Mr. Burman before then as he has a different view of this settlement° Mr° Rea stated he would arrange to have Mr. Burman present at the special meeting. 7. Update on Rent-A-Cop Program Mayor Moore thought it had been resolved that we weren't going to be paying taxpayers' money for the Rent-a-Cop Program and yet the practice continues. He felt we were paying overtime out of our pocket and we were not collecting a lot of this money. Commissioner Wische understood we were going to make a new structure of salaries so that we wouldn't be paying~ Interim City Manager Randolph noted it was raised. Commissioner Wische stated raising it was not what they asked for. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 Police Chief Hillery stated they had an alternative plan to offer. They proposed raising the amount of money charged the merchants. The City will lose no money at all. The only thing the City is asked is to handle the administrative payment of the officers through Payroll so they are covered by insurance and everything else if they are injured in the line of duty. It would be considered an on-the-job injury. Commissioner Wische stated the City should get the money up front. Chief Hillery agreed with long term contract type situations that could be done, but they get many requests for one or two nights of service. The Mayor thought even in those cases, the money should be paid up front. The bottom line has got to be that if the merchant stiffs the City, the taxpayers do not have to pick up the difference. Vice Mayor Olenik asked if they were going to stop paying the officers time and a half. Chief Hillery stated they were willing to work off duty at a flat rate. Chief Hillery stated in order to work it through Payroll they would have to be billed by the City. If they do not pay their bill, they would be sent a second notice. The problem has been with long term situations where we were not aware the people were not paying when they should have been° Since then, on the long term contracts, arrangements have been made for a bond to be put up to avoid that situation occurring again. The Commission agreed payment for services should be made up front. 8. Matching County Grant for Dick Webber Child Abuse Center The Mayor asked if we got matching funds from Commissioner Howard on the Dick Webber Child Abuse Center. Former Mayor Nick Cassandra stated the matter was on the County Commission Agenda for January 2 and he would report back to the City Commission° Commissioner Wische asked Mr. Cassandra to remind Commissioner Howard of the statement he had made publicly in this regard. 6~ Audit o~ $3,000 Grant for Boat Parade Mayor Moore remarked the City had contributed $3,000 towards the recent annual Boat Parade. He had received reports there was a very limited fireworks display. Delray Beach had put up matching funds. The Mayor remarked that he didn't want to fall into the trap again of where money goes to a Kiwanis Club, then it goes somewhere else. They end up saying all the money went to the fireworks person. There is no paper trail to track. He felt there should be some kind 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 of audit. There was no mention that the City of Boynton Beach had anything to do with putting on the fireworks~ If we ever do this again, he thought we should have a proposed budget, a follow-up of where it goes, etc. B. Items for Discussion requested by Commissioner Robert Olenik, Jro 1. Civil Service Board Promotion Vice Mayor Olenik had heard reports that the Civil Service procedures are not being followed properly in all cases. After the first of the year, he would like to see a commit- tee set up consisting of the Civil Service Board members, employees~ citizens and a member or two of the City Commission and staff, to revamp the Civil Service Rules & Regulations. Reference was made to the Civil Service Board meeting on December 13, i989 where Mr. Finizio's situation was addressed and the Board recommended reinstatement, a promo- tion and a raise° The Vice Mayor stated the procedures that occurred at that meeting were confusing and even members of the Board had difficulty following what happened. The Vice Mayor had received complaints from members of the Board that legal counsel was only there for a short period of time and was not available when further questions came up. The Vice Mayor felt there had been a number of breakdowns in the system and it was disheartening when it happens to an employee. He didn't know how fairly the employee or the City had been treated in this instance, but he didn't think the Commission should be getting involved in Civil Service matters except when it comes to enforcement of the Civil Service procedures. Mayor Moore didn't think anything needed to be "fixed". Reference was made to the contents of 72.7 of the Charter where the duties of the Civil Service Board are addressed. ~nere is no indication that the Civil Service Board is empowered to cross over its quasi-judicial position to a quasi~-executive position. The Mayor elaborated and didn't feel what took place was legal or proper. City Attorney Rea responded his decision was that the Board is quasi-judicial and he respectfully disagreed with the Mayor's legal interpretation. Technically, when the Civil Service Board rules on a demotion or a termination, the City, if it does not agree with their ruling, can appeal° If the employee disagrees with their ruling, they can appeal. In that respect, Mr. Rea stated, the Board is quasi-judicial in nature. The issue was that because of the 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 procedural problems related to this particular issue, that the broad powers granted to the Board in the Charter overrule. The Mayor thought that ruling would create chaos, as any employee could end up being promoted by the Board. Mr. Rea didn't think it set that precedent. Mr. Rea stated the reason the Board heard the issue was because apparently there is chaos in the Civil Service system at the present time. Right now, this situation is in the new City Manager's lap. Ultimately, depending on how this proceeds, Mr. Rea thought the Courts would probably make that judicial determination. Mayor Moore defied anyone to point out in Section 72.7 that the Civil Service Board is empowered to promote and give a raise to any individual under the merit system. Mr. Rea responded the Civil Service Board has historically said when they deemed a termination inappropriate and they have directed the administration to reinstate the employee with back pay, the City's option is to appeal. The Civil Service Board has on a number of occasions suggested to the admi- nistration that the action of a suspension or a termination was appropriate° The Mayor stated the only power they have is to dismiss, demote or suspend. He felt the Board had the power to put Mr. Finizio back to the position he was pre- viously in, but they couldn't promote him and give him a raise. The Mayor recommended the Commission direct the new City Manager to ignore the recommendations given by the Civil Service Board. Commissioner Weiner decided to put this in motion form. Commissioner Weiner moved to recommend the new City Manager ignore the direction of the Civil Service Board, %~ere they attempted to not only reinstate an employee, but also to promote him and give him a raise. Mr. Rea interjected he did not think that was within the powers of the Commission as that is an administrative func-- tion between the City Manager and the Civil Service Board. Commissioner Weiner asked whether the Civil Service Board had the power to overrule the City Commissionm Mr. Rea stated the Board is established as a body by the electorate of the people in the Charter of the Code. The Civil Service Board would not overrule the City Commission. However, the Commission does not get involved in the day to day prac- ticalities of the personnel system. Mayor Moore stated the merit system is run by the City Manager. We established the policy and State law e.stablishes what the respective duties are. The Board has crossed over that line by attempting to get involved in exe- cutive promotions and executive appointments and salary raises. 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19~ 1989 Commissioner Weiner referred to the Commission's previous decision that Mr. Finizio should be restored to his former position. The Civil Service Board ruled he should be pro- moted and given a raise. Mayor Moore stated he didn't feel the Board had that authority. Mr. Rea agreed they may not have that authority. Mr. Rea felt the legal counsel for Mr. Finizio made a valid argument that because of the in-house procedures under these rules, which were not pro- perly functioning nor effectuated, and because of the broad powers the Board does have, they may in fact have that provision. The Vice Mayor asked if it would be out of line to request an opinion from whatever State source that would render an opinion on this since we have differing legal opinions. Mr. Rea responded that when you consider the "nuts and bolts" of this as it applies to the Code book, that would not be what the Attorney General would be ruling on. The Vice Mayor would like to ask the Attorney General if the authority to promote is an implied right of the Board. Discussion ensued about the fact that Mr. Miller will be making a determination in the Finizio case. Comments were made relative to the fact that Roger Kuver is currently serving in an "Acting" capacity in the position the Civil Service Board is trying to put Mr. Finizio into. Mayor Moore felt the Board had exceeded its bounds. The Civil Service Board Chairman indicated he felt that way also. The Mayor diHn~t think it was fair to criticize the Board because they were seeking professional help and they didn't get it. Vice Mayor Olenik requested a Commission consensus to direct that a Committee be established to review the Civil Service procedures~ He would like to direct staff to come back at %he second meeting in January with a guideline of %~at they think the Committee should be comprised of~ when it should meet, etc. The Mayor asked why wouldn't the Civil Service Board be the ones to review their own Rules. The Vice Mayor remarked he would like this Committee to include staff and maybe even members of the community. It could be something like a "Blue Ribbon Panel"° Other comments were made. Mr. Vincent Finizio addressed the Commission and outlined events that had taken place in recent months. He thanked the regular and alternate members of the Civil Service Board for the time and effort they spent in considering his appeal. He thanked the individual Commissioners for exhi- biting interest in a Civil Service matter which he feels is of great concern to all City employees. He hoped the Commission would one day allow him to volunteer as much time 33 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19~ 1989 as is necessary in coordination with the Civil Service Board in providing assistance in identifying difficulties encoun-- tered in the grievance and appeal processes. He sincerely believes these difficulties justify a comprehensive inquiry into the procedures utilized in the City's promotional program. In closing, Mr. Finizio read from the Civil Service Rules & Regulations, Rule 11, Section 9. 2. Bedding Barn Incident Vice Mayor Olenik referred to a recent accident which had taken place at the Bedding Barn Store construction site. Several construction workers had been injured. The responding rescue team was the County and not the City of Boynton Beach. The site is in the City limits. W-hen new areas are annexed into the City, the Vice Mayor didn't think a procedure was in place to notify appropriate departments and agencies, such as the Police and Fire Depts.~ Dispatch, the 911 system, Southern Bell, etc~ Craig Grabeel, Director of Management Services stated when a 911 call comes in to Dispatch, the number and location appear on the computer screen if it is programmed into the Southern Bell computer. In a case of property that has just come into the City or is under construction, the address may or may not be known or it may or may not have been com- municated. He agreed there should be a more positive way to handle this° Mr. Grabeel stated when they realize there is an error, they have a 911 Inquiry Form that goes to the County's 911 Office to update their computer. C. Items for Discussion requested by Commissioner Lee Wische Discussion and possible formation of Nuisance ~batement Board Commissioner Wische had been in touch with a number of people who would like to formulate the Nuisance Abatement Board and be volunteers~ Reference was made to City of West ~alm Beach Ordinance No. 2i81-88. He stressed this would be an advisory Board that would help the City with drug-related nuisances, complaints about noise, vandalism, etc. The City Attorney and Police would be asked to investigate whatever charges are brought up. He recommended if Boynton Beach creates such a Board, that they follow the same Ordinance that West Palm Beach has adopted. Commissioner Wische stated the idea of creating this Board was Michelle Costantino's idea and she had indicated she could get more than enough people to help man the Board. City Attorney Rea stated we already have a similar Ordinance on the books° ~ne basic difference between the West Palm 34 MINUTES - REGULAR CITY COmmISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 Beach Ordinance and our Ordinance, would be the makeup of the Board. West Palm Beach makes their Board up with five citizens, the Chairman being an unpaid attorney. Commissioner Wische recommended we amend the Ordinance we have so that it tracks West Palm Beach's Ordinance. Before the Ordinance is adopted, the Mayor wanted input from the Police Dept. Consider cost sharing request for specific utility improvements - Woolbright Place - PUD (Originally on 12/5/89 Commission A~enda) John Guidry, Director of Utilities reported Lift Station 603 was built in 1973. A report had been provided the Commission from CH2M Hill and the Commission was asked to investigate it. CH2M Hill's conclusion is that it needs to be replaced as far as the wet well is concerned° The steel structure has rusted° The developer has agreed to split the cost 50/50. Staff recommends this be approved. Vice Mayor Olenik moved to approve. Commissioner Wische seconded the motion which carried 4-0. E. Consider approval of Beach Restoration Project Oceanfront Park Charles Frederick, Director of Recreation & Parks reported they were ready to prepare the documents and go out to bid~ Vice Mayor Olenik moved to approve. Commissioner Weiner seconded the motion which carried 4-0. F. Consider approval of consultant services and funding source - Little League Lighting System In order to expedite the project, Charles Frederick, Director of Recreation & Parks requested permission to use a consulting electrical engineer to assist in reviewing and finalizing plans, assist in reviewing bids and assist in supervising and approving construction. He recommended Gee & Jenson° Vice Mayor Oienik moved to approve the recommendation. Commissioner Weiner seconded the motion which carried 4-0° G. Consider removal or suspension of Gary Lehnertz, Planning & Zoning Board Member Commissioner Weiner stated Gary Lehnertz had been forced to sit through a very unpleasant experience. An emergency Planning & Zoning Board meeting had been called and the Planning & Zoning Board had voted 4-3 to recommend to the 35 MINUTES - REGULAR CITY COMMISSION MEETING BOYSITON BEACH, FLORIDA DECEMBER 19, 1989 Commission that Mr. Lehnertz be removed from the Board. She stated Mr. Lehnertz had the temerity to protect his home. He is the President of the Homeowners Association that has joined in a suit against the City in the Tradewinds matter. What he has done or hasn't done in the process of protecting his home should not, in her opinion, cause his removal from any advisory Board. No citizen gives up his right to protect his home, when he says he will sit on an advisory Board~ She felt he had been unfairly accused and judged. She recommended the matter be dropped. Mayor Moore felt Mr. Lehnertz was a voting member of one of the most sensitive Boards of the City. The Mayor felt he had consistently violated an ethical position by voting against anything that had to do with Tradewinds. Recently, Mr. Lehnertz had indicated he would not vote against Tradewinds anymore. In time of war, the Mayor thought Mr. Lehnertz would be guilty of treason. The Commission had unanimously indicated they want to settle the Tradewinds matter. If Mr. Lehnertz wants to continue to fight this and put the City in the position of losing millions more, he should not do it under any guise of a public official. He has every right to do it as a private citizen. The Mayor didn't think Mr. Lehnertz should be a member under any guise of authority as a representative of the City when he is suing us. The outcome of the suit could result in excess of 10 million dollars in damages. The Mayor stated they were now trying to defeat what the City got a credit for tonight of 3 million dollars, by going back to the 1986 window on the settlement with those enhancements. Vice Mayor Olenik remarked if an issue comes before the Planning & Zoning Board pertaining to Tradewinds or Woolbright Place, it is Mr. Lehnertz's responsibility to abstain from voting as an interested party. He has not done this in the past. The first time he didn't abstain, someone from City staf~ should have told him that he had the poten- tial of inuring himself on the Planning & Zoning Board° The Vice Mayor told Mr. Rea if there is a conflict of interest, we need to let our Board members know. The Vice Mayor didn't think Mr. Lehnertz deserved to be taken off the Board because of his personal interest. Discussion transpired° Commissioner Weiner moved that the recommendation by the Planning & Zoning Board be denied. Vice Mayor Olenik seconded the motion which failed 2-2. Mayor Moore and Commissioner Wische voted against the motion. The new Commissioner will be in a position to bring this matter up for discussion again. 36 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 H. Report on Art Center Fire and Temporary Relocation A report %~as provided the Commission explaining adjustments that have been made in staff and program locations due to the recent fire. CITY MANAGER'S REPORT Ao Status report on RumBottoms It was noted that in the last two weeks there had only been four noise related calls and one traffic related call to the Police Dept. In two cases, the sound had been turned down by the time the Police arrived. In the other two cases~ the sound was such that the Officers didn't think it was necessary to make an arrest at that time. Deputy Police Chief DeLoach felt great progress had been made. RumBottoms intends to hire an additional Officer, who will be a designated "Noise Officer" and will walk around the property and monitor the outside sound level. ADMINISTRATIVE A. Draft administrative policy relative to building pro- jects under $I00,000 The Commission chose to leave this iiem on the table. Consider replacement to fill alternate position on the Board of Adjustment - Term expires 4/90 - Appointment to be made by District II Commissioner The Commission chose to TABLE this item until the next meeting. Consider replacement to fill alternate position on Planning & Zoning Board - Term expires 4/91 - Appointment to be made by Mayor Gene Moore Mayor Moore nominated Sam DeLong to the alternate position on the Planning & Zoning Board with the understanding that she resign from the Board of Adjustment. There were no objections. Consider replacement ~o fill vacant position on the Codes Enforcement Board - Term expires 9/91 Appointment to be made by District II Commissioner (Per Commissioner Lee Wische's Memo of 12/13/89, appointment to be made by Vice Mayor Bob Oienik, Jr.) Vice Mayor Olenik nominated Nick on the Codes Enforcement Board. 37 Cassandra to the position There were no objections. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 Mayor Moore thought the next appointment would probably be made by Commissioner Weiner. He asked that someone check this out to be sure. Consider request submitted by St. Paul African Methodist Episcopal Church to hold their annual carnival at Sto John Missionary Baptist Church City Attorney Rea remarked he had a problem with the City's Building Dept. making courtesy inspections. Our staff is not really certified to make carnival inspections. Olivia McLean, Risk Manager, reported that since we had denied them use of City property, they were now on another church property. The only thing they have to comply with now is what is stated in the Ordinance. Ms. McLean was con- cerned with the inspections also, because that puts us right back into the liability situation. They should still be required to get the State inspections. They would do all the mechanical and electrical related to the rides. Don Jaeger, Building Official stated under City Ordinance we would be responsible for reviewing ali structures and electrical. We would be reviewing a Site Plan to determine whether there is adequate off-street parking. Mr. Jaeger noted this was in an R-2 zone and that zone does not permit carnivals normally. There probably will not be adequate off-~street parking there~ Ms. McLean's recommendation was that they be allowed to hold it where it was held last year and that City employees will not do inspections of the mechanical rides. We would assume all other inspections that we would normally do. They should handle all the insurance coverage with the owner of that church° Vice Mayor Olenik moved to approve this arrangement. Commissioner Wische seconded the motion which carried 4-0. Mayor Moore recognized the presence of Lillian Artis, one of the candiates for City Commission in the audience. F. Consider clarification of Commission's request to approve future change orders The Commission chose to TABLE this topic. G. Request for architect payment - Fire Station %3 As per a memorandum from Bill DeBeck, Project Manager to Interim City Manager Randolph, the Finance Dept. has been holding a check for Miller, Meier, Kenyon and Cooper in the amount of $12,099.00. $7,599.00 of this was for additional services on the Municipal Complex and $4,500.00 was for the 38 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA DECEMBER 19, 1989 final payment on the bidding phase of Fire Station ~3. It was requested that a separate check be issued for the $4,500.00, to bring Miller, Meier, Kenyon and Cooper's Fire Station ~3 account up to date. Commissioner Wische moved to approve. seconded the motion which carried 3-1. against the motion. Commissioner Weiner The Mayor voted H. Fire Station 93 Architect Authorization The Commission chose to TAJBLE this item. I. Sewer Board - Grant Application It had been brought to Vice Mayor Olenik's attention that there is State money that is available for a grant for wastewater treatment plant expansion and improvements. If we file the application by December 3i, 1989, we might be able to qualify for money. The Vice Mayor stated the details could be obtained from John Guidry, Director of Utilities. The consensus was to apply for the grant. ADJOURNMENT The meeting properly adjourned at 9:50 P~ ATTEST ~ ~ /.~~ · / Commissioner Comm~ s s i oner Ci ty~erk Recording Secretary (Four Tapes) Commissioner 39 AGENDA December 19, 1989 2o o ABBA EQUIPMENT, INC. 19 Shelving Units for the Warehouse. Pay from Warehouse Fund---502-199-5-318-00 502-199-5-642-00 $1,604.43 $2,216.00 3,820.43 ALLEN INSURANCE AGENCY Premium for Renewal of Bond- Public Officials- for State Amer. States: Policy #01-EX-713310-1. Pay from Self Insurer's Fund---622-195-5-445-00 $3,567.00 23,464.00 Premium for Renewal of Con~nercial Crime Policy- Loss of Monies and Securities. Amer. States: Policy #01-MS-067529-9. Pay from Self Insurer's Fund---622-195-5-444-00 $2,049.00 Premium for Renewal of Con~nercial Inland Policy- Coverage for Loss of Valuable Papers/Records, Tower, Misc. Articles, Mini Computer. Amer. States Policy #GF127072-9. Pay from Self Insurer' Fund---622-195-5-440-04 $17,848.00 ALLIED LIME COMPANY Pebble Quicklime Deliveries for November, 1989. P.0.81887 & 81766 Pay from Water & Sewer Rev. Fund---401-332-5-365-00 AMERICAN CAST IRON PIPE COMPANY 14-8" C/I MJ 45 Bends Polylined 80-8" Class 53 Polylined D/I Pipe Slip Joint Pay from Water & Sewer Utility Revenue---421-000-0-691-10 12,747.76 CH2M HILL, SOUTHEAST FLORIDA OFFICE Inv. 10-473 = $85,576.25 (T.O. #8) West W.Trmt. Plant Conceptual Design. Inv. 10-474 = $19,108.94 (T.O. 8B) Addt'l Work in West W.Trmt.Ptant Design. 104,685.19 ALLEN C. CLARK, TAX COLLECTOR 5,220.64 Partial Cancellation to E & I 88 Tax Roll to Correct Value for Error in Zoning & Land Value for P.C. 08-43-45-20-01-000-0571. Pay from General Fund~--001-194-5-912-00 DAVIS WATER AND WASTE INDUSTRIES 3990 CL50 8" D/I Pipe Polylined S/J AWWA Standard and 8" MJ R.S. Valve Polylined - 49,814.43 Pay from Water & Sewer Utility Revenue---421-000-0-691-10 Scrubber Lease for November, 1989 - PO #81711 $4,500.00 Scrubber Lease for December, 1989 - PO #81912 $4,500.00 Pay from Water & Sewer Revenue Ftmd---401-352-5-499-00 58,814.43 COMMISSION DEC 19 .I989 APPROVAL 10. 11. 12. 13. 14. 16. 17. 18. 19. DECORA OFFICE FURNITURE Office Supplies from various departments. $ 3,889.14 DIVERSIFIED DRILLING CORP. Inv. 7983 for Boynton Beach Landfill. Pay from Sanitation Fund---431-341-5-962-00 $5,850.00 104,125.38 Periodical Estimate #27 - Test/Production Well Program. Pay from Utility Cap. Improv.---404-000-0-690-10 98,275.38 EDSA Professional Services - RE: Morey's Litigation. Pay from General Fund---001-141-5-468-00 2,956.08 EASTMAN KODAK COMPANY IBM Series III Model 70 Copier - Copier Usage and Collator Rental - Inv. #007-M29942 Pay from various departments. 1,530.04 FLORIDA EAST COAST RAILWAY CO. Installation of N.E. 22nd. Ave. Crossing. Pay from Local Option Gas Tax Fund---104-411-5-916-00 82,630.89 GENERAL TIRE SERVICE Stock for Vehicle Service. Pay from Vehicle Service Fund---501-193-5-322-00 4,814.58 IBM/ROLM SYSTEMS Installation of CBX phone system, Phase II. Pay from Public Service Tax Constr. Fund---301-195-5-629-00 90,754.57 IBM CORPORATION 28,343.00 2 400MB Disk Storage Drives for Data Processing - $17,908.88 1 PS/2 Model 70 Computer and Printer for City Manager - $10,435.00 Pay from General Fund "Government Pricing" JONES CHEMICALS Chlorine and Hypochlorite Solution for Water Treatment. Pay from Water & Sewer Rev---401-332-5-363-00 HUNTERS RUN Balance due on Board Dinner. Pay from Publicity Fund---101-191-5-450-08 4,113.15 9,489.90 WALTER H. KELLER JR., INC. Inv. #1062 for professional services for Tradewinds Parcel thru November, 1989. Pay from General Fund---001-141-5-468-00 3,299.90 LESCO, INC. 7,425.00 7500 lbs. Citation II/Pennfine(50%/50%) Ryegrass Blend for Golf Course. COM /tlSSION Pay from Golf Course---411-726-5-346-00 DISC ][9 1989 APPROVAL 20. 21. 22. 23. 24. 25. 28. 29. 30. MAC PAPERS INCORPORATED 80 cases Xerographic paper for Warehouse/COS. Pay from General Fund---001-000-0-410-10 2,968.10 MCCAW COMMUNICATIONS OF FLORIDA, INC. 3 Motorola 750ML Cellular phones w/charger and carrying case and 3 high capacity spare batteries for Police. Pay from Misc. Trust Fund---691-000-1-690-60 2,130.00 MORGAN, LEWIS & BOCKIUS Legal services (Labor), during month of October, 1989. Pay from General Fund---001-141-5-460-14 8,950.00 MUNICIPAL CODE CORPORATION 1,294.47 100 copies of Supplement #43 for Boynton Beach Code of Ordinances. Pay from General Fund---001-122-5-477-00 PALM BEACH NEWSPAPERS, INC. Legal Ads for month of November, 1989. Pay from General Fund and Co~nunity Improvement. 3,844.33 PEROXIDATION SYSTEMS, INC. Peroxide deliveries for month of November for Gen. Maint/LS. Pay from General Femd---401-352-5-365-00 26,208.00 RED ASSOCIATES, INC. 1Polysonic Model UFM 84 Ultrasonic Doppler Type Flowmeter per written quotation - Jamaica Bay Project. Pay from Water & Sewer Utility Rev---421-000-0-691-10 3,490.00 RANGER CONSTRUCTION INDUSTRIES, INC. Payment No. 9 for Boynton Beach Landfill Closure. Pay from Sanitation Fund---431-341-5-962-00 132,406.32 ROBERTS & REYNOLDS, P.A. Legal fees for Douglas Fuller claim(3/ll/89) - a police liability case; attorneys are selected through the Pla. Municipal League Self Insurance Program. Pay from General Fund---001-195-5-468-00 1,407.90 RICHARD L. SHEPHAItD AND ASSOCIATES, INC. Professional services Inv. 006032 -$1950.00 for Salt Water Intrusion Modeling Eastern Wellfield and Inv. 006093 -$3400.00 for 1-95/N.W. 22nd. Ave. Interchange. Pay from Utility Capital Improve.---404-000-0-690-10 5,350.00 SEPPALA & AHO Application #40 - Municipal Complex Phase II. Pay from various departments. 18,871.20 DEC 19 ]989 APPROVAL 32. 33. 34. 35. SOUTM CENTRAL REGIONAL WASTEWATER TREATMENT BOARD PaLm Beach Soil and Water Conservation Sludge Disposal Demonstration Project - Inv. 89/90 322. Pay from Utility Capital Improve.---404-000-0-691-10 UNIJAX 17 cases Cleaner, 18 cases Toilet Tissue and 14 cases Towels for Warehouse. Pay from Warehouse Fund---502-000-0-410-11 THE UNITED STATES CONFERENCE OF MAYORS Membership dues for 1990. Pay from General Fund---001-111-5-470-07 OSCAR VAGI & ASSOCIATES ARCHITECTS, INC. Inv. 1302 - $1634.86 and Inv. 1303 - $352.67 regarding North District Park. Pay from Public Service Tax Constr.---301-722-5-463-00 W.E.D. CONTRACTORS, INC. 1 High Service Pump #6/Motor/Valve, 1 Backwash Pump/Motor and 1 Butterfly Valve plus installation---partial payment #1. Pay from Water & Sewer Rev---401-332-5-642-00 Per bid 12/15/88, Commission approved 1/3/89 17,000.00 2,948.71 1,390.00 1,987.53 47,907.20 These bills have been approved and verified by the department heads involved, checked and approved for payment. Gr~tor I therefore recomend payment of these bills. Sharon Randolph, Interim City Manager SEPPALA &A HO Application #41 - Municipal Complex Phase II. Pay from various departments. 32,554.80 COMMISSION- DEC ~[9 ]989 APPROVAL MEMORANDUM December 27, 1989 TO: FROM: SUBJECT: Honorable Mayor & City Commission Sharon Randolph Interim City Manager City Commission Meeting - December 19, Approval of Bills 1989 Listed on the Approval of Bill at the last City Commission Meeting was Item ~14 IBM/ROLM Systems to be paid out of the Local Option Gas Tax Fund. This was listed incorrectly, it should be paid out of the Public Service Tax Construction Fund $301-195-5-629.00 in the amount of $90,754.57. I have attached a copy of the corrected page. Sharon Randolph Interim City Manager SR:jc AttacD_~ent cc: Central File 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. DECORA OFFICE FURNITURE Office Supplies from various departments. 3,889.14 DIVERSIFIED DRILLING CORP. Inv. 7983 for Boynton Beach Landfill. Pay from Sanitation Fund---431-341-5-962-00 $5,850.00 Periodical Estimate #27 - Test/Production Well Program. Pay from Utility Cap. Impr.ov.---404-000-0-690-10 98,275.38 104,125.38 EDSA Professional Services - RE: Morey's Litigation. Pay from General Fund---001-141-5-468-00 2.956.08 EAS_~a~.'N KODAK COMPANY IBM Series III Model 70 Copier - Copier Usage and Collator Ran-+~-~ - Inv. #007-M29942 Pay fr~ various departments. 1,530.04 FLOP~A EAST COAST RAILWAY CO. I-~-t~i~mtion of N.E. 22nd. Ave. Crossing. Pay ~Local Option Gas Tax Fund---104-411-5-916-00 82,630.89 GF=~j~ TT_Pj~ SERVICE, Stock for Vehicle Service. Pay ~Vehicle Service Fund---501~193-5-322-00 4,814.58 IBMIR~.M SYSTEMS Ins~=tion of CBX phone system, Phase Ii~ Pay ~rom [:hJ. blic Service Tax Constr. Fund---301-t95-5-629-O0 90,754.57 ~2~ CC~O.?-~TION 28,343.00 ~ou~-~o Disk Storage Drives for Data Processing - $17,908.88 1 P$/2 Model 70 Computer and Printer for City Manager - $10,435.00 Pay fr==o~ General Fund Govez?=~.an~ Pricing" JO~_S CB~-~ICALS Chlorine and Hypochlorite Solution for Water Treatment. Pay from Water & Sewer Rev---4C1-332-5-363-00 4,113.15 H 0~. S RUN Bat=~= ..... due on Board Dinner. Pay from Publicity Fund---t01-191-5-450-08 9,489.90 WALTER H. KELLER JR., INC. Inv. #1062 for professional services for Tradewinds Parcel thru November, 1989. Pay from General Fund-a-001-14t-5-468-O0 3,299.90 LESCO, INC. 7,425.00 7500 lbs. Citation II/Pennfine(50%/50%) Ryegrass Blend for Golf Course. Pay from Golf Course---4tl-726-5-346-00 DEC ! D %?°99 A?PROVAL