Loading...
Minutes 11-01-94#INUTES OF THE REGULAR CITY CONNISSION NEETING HELl) IN COHNISSION CHANBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEHBER 1, 1994, AT 6:30 P. H. PRESENT Edward Harmening, Mayor Lynne Matson, Vice Mayor Matthew Bradley, Mayor Pro Tem Jose Aguila, Commissioner David Katz, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I, OPENINGS A, Call to Order B, Invocation C, Pledge of Allegiance to the Flag Mayor Harmening called the meeting to order at 6:30 P. M. Rev. Conrad Braaten of Ascension Lutheran Church offered the invocation. The Pledge of Allegiance to the Flag was led by Commissioner Aguila. D. Agenda Approval 1, Additions, Deletions, Corrections Mayor Pro Tem Bradley moved up Item IX.A.2 to III.C.4 (Proposed Resolution Re: Children's Charter). He added Item IV.B.2 (Presentation by Marlene Passell from the Children's Services Council). City Manager Parker added Items X.B.5 (Proposed Ordinance Re: Amending Development Order for Quantum Park), and IV.A.3 (Proclamation Re: Veteran's Day). Commissioner Katz added Item IV.B.3 (Thank you card to Police Department from his younger son's class). 2, Adoptton Commissioner Katz moved to approve the agenda as amended. Commissioner Aguila seconded the motion, which carried 5-0. II, ADMINISTRATIVE A, Appointments to be made Appointment Reg/ To Be Made Board Alt Length of Term Expiration Date II It III Bradley Education Advisory Board Alt Bradley Board of Adjustment Alt Aguila Cemetery Board Alt Term expires 4/95 TABLED 2 yr term to 4/96 TABLED 1 yr term to 4/95 TABLED - 1- #~NUTES - CITY CONNISSION #EETING BOYNTON BEACH, FLORIDA IqOVEHBER 1, 1994 Mayor Harmening II Bradley II Bradley III Aguila IV Matson Nuisance Abatement Board Alt Education Advisory Board Alt Board of Adjustment Reg Nuisance Abatement Board Reg Education Advisory Board Re§ 2 yr term to 4/96 TABLED Term expires 4/95 TABLED Term expires 4/97 TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED All appointments were left on the table since no one had any appointments to make. Requestapproval for a change order to SunrLyland Irrigation for addi- tional irrigation In the west R,O,W, to be done as part of the North Federal Htghw~medlan landscaping project In Recreation & Parks Memorandum, the Forester/Environmentalist, Kevin Hallahan, recommended that the City Commission approve this change order to install an automatic irrigation system in the west right-of-way for a total of $28,155. Norton Vice Mayor Matson moved to approve the change order for Sunnyland Irrigation for additional irrigation in the west R.O.W. to be done as part of the North Federal Highway median landscaping project, in the total amount of $28,155. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. III, CONSENT AGENDA A, Ntnutes 1, Regular Clty Co~nt$$1on Neetlng Nlnutes of October lB, 1994 On page 21, it states that Commissioner Katz confirmed with Stuart Titley that Patrick Media has acquired Flutie Enterprises. Commissioner Katz said he did not confirm this with Stuart Titley. In her memo to Irving Cure, which Commissioner Katz read at the October 18, 1994 meeting, County Commissioner Carol Roberts states that she confirmed this with Stuart Titley. B, Bids - Recon~end Approval - All expenditures are approved In the 1994-95 Adopted Budget Extension of Annual Contract for Offtce Supplles for an addi- tional year wlth Halsey's Offtce& Art of Fort Lauderdale, Flortda for the pertod November, 1994 to November, 1995 - pre- vlously btd 1993,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,.,,,,,,.,,,TABLED Pursuant to her memorandum to the City Manager, the Purchasing Agent recommended the extension of this bid for an additional year, from November 2, 1994 through November 1, 1995, under the same terms and conditions. City Manager Parker advised that this item is ready to come off the table. There was a question at the last meeting about when this was previously bid. She advised that it was previously bid last year. -2- HINUTES - CITY COHHISSION HEETING ~OYNTON BEACH, FLORIDA NOVEHBER 1, 1994 Hotlon Commissioner Aguila moved to remove this item from the table. Vice Mayor Matson seconded the motion, which carried 5-0. Commissioner Katz said a year ago, he had asked why this contract had not gone to Office Max or Office Depot. The minutes reflected that neither one of them submitted a bid. He feels these contracts should be given to somebody who is in Boynton Beach and who is paying sales taxes in Boynton Beach. City Manager Parker advised that the City had contacted both of those companies last year and they indicated they were not interested in bidding. Commissioner Aguila pointed out that these bids are advertised and are open to everybody. He stated that the City has no control over whether or not a busi- ness in Boynton Beach is interested in responding or not, and he did not think the City should make any extra effort to encourage them. Award bid to Boynton Pump, D, S, Industrial Plastic, Helrose Supply and Sales for annual contract for PVC pipe for irrigation supplies Pursuant to the Purchasing Department's memorandum to the City Manager, the Tabulation Committee recommended awarding this bid in parts to the following vendors: Boynton Pump & Supply of Boynton Beach, Florida, D & S Plastics of Clearwater, Florida, and Melrose Irrigation Supply of Fort Lauderdale, Florida. All three vendors have been determined to be the most responsive, responsible bidders meeting all required specifications. The evaluating factor was based on an overall low price. The award was divided into two sections (Schedule 40 and Schedule 80). 3, Award bid to Lake Worth Herald Press for annual publications Pursuant to the agenda memorandum from the Purchasing Department to the City Manager's Office, the Tabulation Committee recommended awarding the bid to the Lake Worth Herald Press, Inc. of Lake Worth, Florida, in the amount of $27,212, for three issues. Approval to purchase front loading garbage packer utilizing the City of Arcadia bid in the amount of $97,739 Pursuant to Public Works Department Memorandum #94-249, this front loading gar- bage packer would replace vehicle #75. The total price includes a $14,000 trade in of vehicle #75. Staff has thoroughly researched the specifications that were used by the City of Arcadia in awarding their bid to Steel Truck Center. -3- #INUTE$ - CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA NOVEHBER 1, 1994 Approval to purchase rear loader garbage truck utilizing previous ears low btd for Southland Equipment Corp. for a total prtce of 87,466 Pursuant to Public Works Department Memorandum #94-250, this rear loading gar- bage truck would replace vehicle #58. Southland Equipment Corp. has agreed to honor a previous bid awarded by the City of Boynton Beach (Bid #006-501-93CJD) in the amount of $87,466. They also agreed to allow $13,000 for trade in of vehicle #58. C, Resolutions Proposed Resolution No. R94-181 Re: Authorize execution of annual service agreement between the City of Boynton Beach and Alan Business Machines for the Building Division cash register Commissioner Katz asked City Manager Parker to find out if there is a business in Boynton Beach that can do this instead of farming it out to a business in West Palm Beach. Vice Mayor Matson was not in favor of wasting staff's time on this because the contract is only for $149. Commissioner Katz asked the City Manager to look for businesses in Boynton Beach in the future. ® Proposed Resolution No. R94-182 Re: Authorize execution of grant agreement between the Florida Inland Navigation District and the City of Boynton Beach for $195,000 for the Downtown Mangrove Park ® Proposed Resolution No, R94-183 Re: Authorize agreement for water service outside the City limits for Luisa Barrera located at 3675 North Federal Highway, in an unincorporated area between Boynton Beach and Delray Beach e Proposed Resolution No, R94-184 Re: Accepting the Children's Charter in order to protect, advance the well being, health and development of all our children D, Approval o1' 8t 11s A list of these bills is attached to the original minutes, on file in the City Clerk's Office. In response to Commissioner Aguila regarding bill number 48 (Western Waterproofing Co. of America) for caulking and coating City Hall, City Manager Parker advised that the total contract was for $101,894.g8. The City has paid $74,849, including the bill on the agenda this evening, leaving a balance of $27,045.98. Commissioner Aguila advised that he, the City Manager, Bill DeBeck and John Wildner inspected the City Hall building, the coating, metal roofs, etc. At -4- MZHUTE$ - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1994 that time he had asked the consulting architect to inspect City Hall himself and provide a written update of the quality of the work and an explanation as to why the metal roof is already starting to lose its paint in several areas. City Manager Parker advised that the consulting architect has been to the site; however, she has not received his written update yet. E. Approve purchase of Data Flow Systems, Inc. ADU-O01 Auto Dial System for the Utilities Department Pursuant to Utilities Memorandum No. 94-325, staff feels this system will greatly improve our emergency response capability, while greatly reducing the responsibility and workload of the Water Plant Control Room Operators. In addi- tion, this system will "computer-monitor" certain low priority alarms for a determinable amount of time before calling the lead person. This will help alleviate the monitoring of these alarms by off-duty personnel. The implemen- tation cost will be $7,458. F. Authorize records destruction for the Code Enforcement Division Records Disposition Request #280 has been approved by the State and includes records dating from 1987 through September, 1992. G. Award dry cleaning quote for Police Uniforms to Greentree Dry Cleaners Pursuant to the agenda memorandum from the Purchasing Department to the City Manager's Office, Jack DeLoach of the Police Department recommended awarding this bid to Greentree Dry Cleaners of Boynton Beach, Florida, because of their proximity to the Police station, as opposed to the low bidder, who is located in Delray Beach. The Police Department has been doing business with Greentree for two years and has been satisfied with their service. Commissioner Katz asked why Greentree Dry Cleaners was the only business in Boynton Beach to bid. He asked if the City informed all the dry cleaning busi- nesses in Boynton Beach that this was out for bid. City Manager Parker advised that twelve companies submitted bids, two of which are in Boynton Beach. H, Approve transfer of Cemetery Lots 362B, 363A, and 363B, Block S Pursuant to Memorandum 94-127 to the City Manager from the City Clerk, Sylvia Doelling requested permission to transfer the above cemetery lots in Boynton Beach Memorial Park to Jenette E. Snyder. Motion Commissioner Aguila moved to approve the Consent Agenda as amended. Commissioner Katz seconded the motion, which carried 5-0. -5- MINUTES - CITY COH#ISSION NEETING BOYNTON BEACH, FLORIDA NOVENBER 1, 1994 IV. ANNOUNCENENT$ & PRESENTATIOH$ Announcements 1. Vice #ayor I~ynne #arson appointed to 1994 Legislative Committee of the Florida League of Cities Mayor Harmening read a letter from the Florida League of Cities, asking Vice Mayor Matson to serve as a member of the 1994 Legislative Committee of the Florida League of Cities. The Committee will meet in Orlando in conjunction with the Legislative Conference of the Florida League of Cities scheduled November 17-18, 1994. The purpose of the meeting will be to review the Policy Committee reports and consolidate them into a combined statement of legislative policy which will then be submitted to the membership for their consideration and adoption. The Committee is scheduled to meet on Friday, November 18, 1994 at 9:00 A. M. in Orlando. ' Vice Mayor Matson advised that she will be there anyway the day before for her Committee meeting and that this is all part of the same activities. 2, Speclal Code Revlston ~rkshopmettng Nov~er 7, 1994 at 6:00 Mayor Harmening made this announcement. 3, Proclanmtlon Mayor Harmening read a Proclamation declaring November 11, 1994 as Veteran's Day and urged all citizens of our City to remember the sacrifices and contributions of all those who served this Nation in time of war to preserve our cherished heritage of freedom, and further urged all churches to ring their bells at 11:00 A. M. at which time all citizens are urged to stand for two minutes.of silent prayer. B, Presentations 1, Employee of the Nonth for October, 1994 Mayor Harmening and City Manager Parker honored Yvon "Tiny" Grandbois as Employee of the Month for October, 1994. Mr. Grandbois was nominated by Skip Milor for his efforts and determination in locating a nationally recognized organization able to effectively repair precast sanitary concrete manholes under water which have a structural integrity breach at a savings of $18,000 each time a deep manhole needs repair or replacement. 2, Children's Charter Mayor Pro Tem Bradley said he intended to have this presented to the Children and Youth Advisory Board because of the hard work that Angela Girtman, Sid Rosen, and others on that Board have done for the Youth Expo. However, they -6- MINUTES - CITY COHMI$$ION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1994 have taken a couple of well deserved months off. Therefore, this presentation will be made before the City Commission this evening and will be brought back to the Children and Youth Advisory Board in the future. Mayor Harmening read Resolution No. R94-184 in its entirety. Marlene Passell of the Children's Services Council stated that 156 agencies and municipalities have now adopted the Children's Charter. She read the Children's Charter and presented it to Mayor Harmening. Thank Sou card to Police Depar~nent from Untt~ $chool Kindergarten Class Commissioner Katz stated that through the City's Community Policing Program, students can tour the Police Department. He had asked Chief Dettman to arrange such a tour for his son Simon's kindergarten class. S§t.'Scott Dean gave the tour. The students dictated a thank you card to their teacher and signed it. Commissioner Katz read this card, which was addressed to Sgt. Scott Dean. Deputy Chief Ted Padich accepted it on behalf of Sgt. Dean, who was unable to attend the meeting this evening. V, BIDS None. VI, PUBLIC HEARING None. VII, PUBLIC AUDIENCE No one in the audience wished to speak. VIII, DEVELOPMENT PLANS None. IX, NEW BUSINESS A, Iteas for dtscusslon b~ N~or Pro Tea Bradle~ 1, Resolution $upportlng Initiation of Passenger Service on FEC Corrldor Mayor Pro Tem Bradley advised that the backup material contains information regarding Treasure Coast Regional Planning Council's recommendation to support passenger service on the FEC railway corridor. He felt there were good reasons for this. -7- HINUTES - CITY COMMISSION #EETIHG BOYNTON BEACH, FLORIDA NOVE#BER 1, 1994 #orlon Mayor Pro Tem Bradley moved to direct the City Attorney to draw up a resolution supporting passenger service along the FEC Railway corridor and send it to the people listed in the backup material. Commissioner Katz seconded the motion, which carried 5-0. 2, Children's Charter This item was discussed earlier in the meeting. Items for discussion by Commissioner Katz 1. Meeting wtth Palm Shores at Gables End/annexation area Commissioner Katz said at the last meeting, some people from Palm Shores at Gables End were opposed to being annexed. To assure these people that the City can deliver them the emergency services they are concerned about, Commissioner Katz asked for and received the Commission's approval to direct the City Manager to meet with the Police Department, the Fire Department, the Recreation and Park Department and the Board of Directors of Palm Shores at Gables End. 2, Naming the field at Ezell Hester Center in honor of Daemon Drew and Brenton Swasey Daemon Drew and Brenton Swasey were members of the Bulldogs. They were killed in a train accident. Commissioner Katz asked the City Commission to instruct the City Manager to direct the Recreation and Park Department to affix a bronze plaque to the concession stand, naming the field at Ezell Hester Park after Daemon Drew and Brenton Swasey. Vice Mayor Matson advised that the Bulldogs will probably not be playing on this field next year. Joy Currier advised that they will most likely be playing at Congress Middle School. Vice Mayor Matson felt the appropriate place for the plaque would be inside the Center because that is where most of the activities are held. X, LEGAL A, Ordinances - 2nd Reading - Public Hearing 1. Proposed Ordinance No, 094-47 Re: Land Use Element Amendment - Hunters Run Commercial Tract ............................... TABLED City Attorney Cherof advised that Proposed Ordinance No. 094-47 and Proposed Ordinance No. 094-48 are ready to be removed from the table. -8- 'MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1994 Notion Vice Mayor Matson moved to remove Proposed Ordinance No. 094-47 and Proposed Ordinance No. 094-48 from the table. Commissioner Aguila seconded the motion, which carried 5-0. City Attorney Cherof read Proposed Ordinance No. 094-47 by title only. No one wishing to speak in favor of or in opposition to this proposed ordinance, Mayor Harmening declared the public hearing closed. Notion Vice Mayor Matson moved to approve Proposed Ordinance No. 094-47 on second and final reading. Commissioner Aguila seconded the motion. Commissioner Katz pointed out that Maurice Rosenstock of Hunter's Run had a con- cern and asked the City Attorney if he had any discussions with Mr. Rosenstock. City Attorney Cherof advised that this is addressed in Proposed Ordinance No. 094-48. A roll call vote was polled by the City Clerk. The motion carried 5-0. 2. Proposed Ordinance No. 094-48 Re: Text Amendment - Hunters Run Commercial Tract ........................................... TABLED City Attorney Cherof read Proposed Ordinance No. 094-48 by title only. He advised of a change in Section 1, which has been reviewed by Mr. Rosenstock and the attorneys for the developer. In Section 1, the portion beginning with "The analysis of the supply and demand..." and ending with "...and directed lighting." was eliminated. The following language was added: "The land use and zoning of this parcel shall remain consistent with a Stipulation Agreement and Order granting' Defendant/Counter Plaintiff's Motion for Partial Summary Judgment for Declaratory Relief and Order Denying Plaintiff's MotiOn for Summary Judgment for Declaratory Relief in Palm Beach County Case No. CL-91-7257 AN." City Attorney Cherof advised that the reason for this change is to eliminate all of the language that deals with the analysis of what occurred. He said there is no need to do anything with respect to the analysis, other than to read the Court's Order. In response to Mayor Harmening, he considered this a minor change that does not require any change in the title or readvertising. No one wishing to speak in favor of or in opposition to this proposed ordinance, Mayor Harmening declared the public hearing closed. -9- MINUTES - CITY COMI4ISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1994 Vice Mayor Matson moved to approve Proposed Ordinance No. 094-48, with the minor change in Section 1, on second and final reading. Mayor Pro Tem Bradley seconded the motion,. In response to Mayor Pro Tem Bradley, City Attorney Cherof advised that Mr. Rosenstock reviewed the proposed language change late this afternoon and told him he had no problem with the change. A roll call vote was polled by the City Clerk. The motion carried 5-0. 3. Proposed Ordinance No, 094-49 Re: Cemetery Rules and Regulations City Attorney Cherof read Proposed Ordinance No. 094-49 by title only. No one wishing to speak in favor of or in opposition to this proposed ordinance, Mayor Harmening declared the public hearing closed. Norton Vice Mayor Matson moved to approve Proposed Ordinance No. 094-49 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. B, Ordinances - 1st Reading 1. Proposed Ordinance No, 094-38 Re: Annexation - Sausalito Groves TABLED City Attorney Cherof advised that this item is not ready to be removed from the table. 2. Proposed Ordinance No, 094-39 Re: Land Use Element Amendment - Sausalito Groves ........................................... TABLED City Attorney Cherof advised that this item is not ready to be removed from the table. 3. Proposed Ordinance No, 094-40 Re: Rezoning - Sausalito Groves TABLED City Attorney Cherof advised that this item is not ready to be removed from the table. 4. Proposed Ordinance No, 094-50 Re: Satellite dish code changes City Attorney Cherof read Proposed Ordinance No. 094-50 by title only. - 10- HINUTE$ - CITY COHNI$SION HEETING BOYNTON BEACH, FLORIDA NOVENBER 1, 1994 Notion Vice Mayor Matson moved to approve Proposed Ordinance No. 094-50 on first reading. Commissioner Aguila seconded the motion. Commissioner Aguila referred to subsection 2 on the first page of the ordinance. He asked why a Category 5 hurricane was selected when all the requirements in the Standard Building Code state Category 2 storms. He felt the requirement to withstand a Categtory 5 hurricane was excessive. In addition, he wondered why we care if the antenna gets struck by lightning. Mayor Harmening advised that this language is in the Standard Electrical Code. William Hukill, the Director of Development, said the reason a Category 5 hurri- cane was selected was because there has been an effort in the construction industry to tailor everything to a Category 5 hurricane after Hurricane Andrew hit Florida. Commissioner Aguila felt we should be consistent with the present Codes, which currently state Category 2. With regard to the grounding, Mr. Hukill stated that although it is in the National Electrical Code, he felt it would be an omission not to include it in this ordinance. He felt it should be shown on the documents that are submitted. Commissioner Aguila pointed out that subsection 8 refers to Chapter 5 but it does not mention what book. ' Commissioner Katz referred to subsection 4 on page 1. He pointed out that many existing satellite dishes are ten feet. He would like the words "six feet" changed to "ten feet". Commissioner Katz was advised tha~ existing ten foot satellite dishes will not have to be taken down. He was referred to subsection 3 on the last page of the proposed ordinance. Mr. Hukill stated that six feet' would probably be restrictive and unless you use an eighteen inch antenna, you are not going to be able to put it up. Hence, subsection b{1}{c} on the second page of the ordinance states that no part of any satellite dish antenna install- ation may extend beyond the height of the horizontal eave line of the first floor of any single family or duplex home. Vice Mayor Matson amended her motion to change Category 5 to Category 2. A roll call vote was polled by the City Clerk. The motion carried 5-0. Vice Mayor Matson asked if we are going to be addressing commercial satellite dishes. Commissioner Aguila pointed out that the ordinance states that commer- cial antennaes need to come in for conditional use. Vice Mayor Matson advised that many are being erected on roofs and are not being brought before the Commission. Mayor Harmening advised that if it is according to Code and a very minor item, it has been handled administratively. He stated that once every three months, the Commission receives a list of all the approv- als that have been made administratively. However, the Commission has not seen such a list in a long time. The Planning and Zoning Director, Tambri Heyden, - 11 - HINUTES - CITY COMHI$$ION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1994 advised that one was put out about a month ago. City Manager Parker will check on this matter. 5. Proposed Ordlnance No, 094-51 Re: Amending Development Order for Quantum Park City Attorney Cherof read Proposed Ordinance No. 094-51 by title only. Motlon Commissioner Aguila moved to approve Proposed Ordinance No. 094-51 on first reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. C, Resolutions Proposed Resolution No, R94-157 Re: Authorize execution of agreement between the City of Boynton Beach and the Boynton Beach Association of Firefighters, Local 1891, I,A.F.F. for 1993 through 1995 ............................................... TABLED City Attorney Cherof advised that this item is ready to be removed from the table. Motion Commissioner Aguila moved to remove this item from the table. Vice Mayor Matson seconded the motion, which carried 5-0. City Attorney Cherof read Proposed Resolution No. R94-157 by title only. He advised that this collective bargaining agreement is essentially in the same form that was provided to the Commission when this item was first on the agenda, and is consistent will all the items discussed in the Executive Session with the following exception: The duration clause provides that the agreement will con- tinue on, in effect, beyond September 30, 1995, This is the language that we have had in the contract from year to year. We could not reach an agreement to fix the expiration date of the contract as of September 30, 1995. However, as he has previously told the Commission, he does not think that makes any differ- ence under the current status of the case law in Florida. The Commission will have the power to appropriate funds for the monetary portions of the contract beyond that point, or not to appropriate funds after that particular point in time. He recommended that the Commission ratify the collective bargaining agreement as signed off on by the parties. Motion Vice Mayor Matson moved to approve Proposed Resolution No. R94-157. Commissioner Aguila seconded the motion. Commissioner Katz asked if the firefighters have any problem with this agree- ment. City Attorney Cherof advised that this last provision regarding duration - 12- NINUTE$ - CITY CONNI$$ION NEETING ~ BOYNTOH BEACH, FLORIDA NOVENBER 1, 1994 has been taken care of over the last several days. All of the other provisions of the contract were reviewed and agreed to. This was confirmed late this afternoon. The motion carried 5-0. Proposed Resolution No, R94-1B$ Re: Authorize execution of lease between the City of Boynton Beach and Association for Retarded Citizens of Palm Beach County to use two classrooms in the old high school building City Attorney Cherof read Proposed Resolution No. R94-185 by title only. Motion Commissioner Katz moved to approve Proposed Resolution No. R94-185. Commissioner Aguila seconded the motion, which carried 5-0. Proposed Resolution No, R94-1B$ Re: Authorize execution of annexation agreement between the City of Boynton Beach and Palm Beach Groves City Attorney Cherof read Proposed Resolution No. R94-186 by title only. Notion Vice Mayor Matson moved to approve Proposed Resolution No. R94-186. Commissioner Aguila seconded the motion, which carried 5-0. Proposed Resolution No, Rg4-187 Re: Authorize execution of Addendum I to Conceptual Agreement for the Rosemary Scrub Acquisition Project City Attorney Cherof read Proposed Resolution No. R94-187 by title only. Notion Commfssioner Katz moved to approve Proposed Resolution No. R94-187. Vice Mayor Matson seconded the motion, which carried 5-0. Proposed Resolution No, R94-1BB Re: Supporting a grant applica- tion for development of a juvenile recreation diversion program for at-risk youth to the Department of Juvenile Justice; and pro- viding an effective date City Attorney Cherof read Proposed Resolution No. R94-188 by title only. Notion Commissioner Katz moved to approve Proposed Resolution No. R94-188. Vice Mayor Matson seconded the motion, which carried 5-0. - 13 - HINUTES - CITY COI~dISSION MEETING BOYNTON BEACH, FLORIDA NOVEHBER 1, 1994 Other 1, Executive Session Re: #rotek Lawsuit At City Attorney Cherof's request, an Executive Session was scheduled for November 7, 1994 at 5:30 P. M. to discuss the settlement proposal in the Mrotek lawsuit. XI, UNFINISHED BUSINESS A, Bus shelter contract with Flutle Enterprises City Manager Parker advised that at the last meeting, there was some discussion regarding the status of the Flutie contract and the proposed buy-out by Patrick Media. The representatives of Flutie are present this evening to discuss this issue. Commissioner Katz felt that if Patrick Media owns the contract in Boynton Beach this should be put out to bid again. ' Hugo Unruh, representative and agent for Flutie enterprises, advised that Flutie owns the contract between Flutie and the City of Boynton Beach. In response to Mayor Harmening, Mr. Unruh advised that Flutie has not assigned the contract to Patrick Media. Commissioner Katz asked if Flutie has sold any of its contracts to Patrick Media. Mr. Unruh advised that Flutie Enterprises has entered into an agreement with Patrick Media for various contracts throughout South Florida. Those contracts would require assignment by the municipality and/or governmental agen- cies prior to any actual closing of any documentation. He pointed out that Patrick Media is owned by General Electric Corporation, which has approximately $150,000,000 in assets. Commissioner Katz stated that with all their assets, they still have shelters that have missing panels and trash around them. He is concerned that Patrick Media would not be able to service Boynton Beach properly, even if they were the company of record. In response to Commissioner Katz, Mr. Unruh said Flutie owns the contract be- tween the City of Boynton Beach and Flutie Enterprises. There have been no asset transfers. Patrick Media has entered into a management agreement with Flutie to manage that contract. The relationship between Flutie and Patrick Media is one that will benefit Boynton Beach, as well as many of the municipali- ties in Palm Beach and Broward Counties. Commissioner Katz asked if "Red Dog" will be advertised on the shelters. Mr. Unruh said there will not be any "Red Dog" ads. He assured Commissioner Katz that Flutie will live up to its contract with the City of Boynton Beach. City Manager Parker will provide the list of the bus stops to Flutie so that they can begin construction of the shelters. - 14- HINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1994 Con~nissioner Aguila saw no reason to change the agreement that the City entered into, as long as Flutie lives up to the contract and keeps the shelters clean, and as long as the advertisements are in good taste, Vice Mayor Matson pointed out that the City can terminate the contract without cause if it wanted to. However, she felt we need to honor the contract and give Flutie a chance to function. XII. CITY MANAGER'S RERORT A. Update on Federal Highway/FOOT Project City Manager Parker advised that Delray Beach is going to try to stop DOT from doing any work, except resurfacing. She asked the Commission what they want the City to pursue. Mayor Harmening stated that the City would have no objections if DOT wanted to landscape the medians in Boynton Beach. However, he felt we should take a unified stance with Delray Beach so as not to confuse DOT, and pursue the landscaping at a later date. Commissioner Aguila agreed. He felt unifying with Delray Beach would send a stronger message. Mayor Harmening pointed out that DOT needs to fix the drainage in three or four places before they do the paving. City Manager Parker pointed out one issue that is peculiar to Boynton Beach. She advised that our accident data shows that Boynton Beach Boulevard, Woolbright Road, and 23rd necessitate some median improvements on either side of those intersections. Delray Beach does not have that accident data to backup any of DOT's claims for their medians. Therefore, she did not think we would be very successful in trying to negotiate away those safety changes that they want to do at our major intersections. Commissioner Aguila was afraid that if we do anything other than go along with the resurfacing alone, we are going to end up with a bike path. He was also concerned that we would end up being sued if someone gets hurts because of that bike path. City Manager Parker pointed out that even though DOT said they will allow parking, once they put all the cuts in a row, there would be no parking. We have been trying to get them to put the bike lane in where they want to put the 150 feet, use the additional right-of-way that was to be for the bike lane and medians, and put the parking on the other side of the street. Therefore, you will have one side as a bike lane; the medians would be larger; we would not lose the space in the medians; and the parking would be on the other side. Mr. Hukill did not favor just having the resurfacing alone done because there are some differences between Delray Beach and Boynton Beach, such as Delray Beach has landscaping already. He favored negotiating with DOT to get the most practical arrangement of median cuts and access. He advised that staff has been - 15 - ~NINUTE$ - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1994 fairly successful in negotiating what is considered the worst cases, which are St. Mark's Church, Gulfstream Lumber, and Hampshire Gardens. However, staff is not making any progress in negotating the bike path. Commissioner Aguila felt the only way to handle the bike path issue is through political pressure. He felt our legislators need to be contacted. Vice Mayor Matson suggested drawing up a resolution stating exactly what we want and she can present it to the League so that they can start lobbying our posi- tion. Mayor Pro Tem Bradley wondered if we should combine efforts with Delray Beach and Lake Worth. Mayor Harmening suggested putting this issue on the agenda for the Legislative Delegation, which will be meeting shortly. Mr. Hukill pointed out that they do not meet until March, which will be too late for this project. He suggested someone on the Legislative Delegation do something before that meeting. It was the consensus of the Commission to prepare a resolution, lobby our legislators, and that since Vice Mayor Matson is going to be meeting with all of them, that she personally attack this issue. Mayor Harmening will attempt to meet with the Chairman of the Transportation Committee tomorrow morning. XIII, OTHER None. XIV, ADJOURNMENT There being no further business to come before the City Commission, the meeting properly adjourned at 7:49 P. M, ATTEST: ~City ~erk Recording SecretaKy (Two Tapes) THE CITY OF BOYNTON BEACH Vi ce Mayor lem '-~ - ~" ¥C6mm issioner Commissioner - 16- AGENDA NOVEMBER 1, 1994 III. CONSENT AGENDA cc: Finance, Util Rec. e ADVANCED DATA PROCESSING, INC ........................... $4,582.65 PO 8007. INS & BILL COLLECTION CONT./ALS CALLS PAY FROM GEN FUND -- 001-221-5-468-00 AERIAL DATA REDUCTION ASSOCIATES ...................... $18,782.95 AERIAL MAPPING/WATER, STORMWATER, SEWER PAY FROM STORM WATER UTIL FUND -- 425-000-0-692-10, $6,260.99. PAY FROM W & S FUND -- 421-000~0-690-21 , $6,260.98. 421-000-0-691-21, $6,260.98 AERO LIFE SUPPORT GROUP ................................... $1,591.55 P.O. 8014. RESTOCK MEDICAL SUPPLIES PAY FROM WAREHOUSE FUND -- 502 -000-0-410-18 B.L.C. LAWN & MAINTENANCE ................................. $4,296.00 P.O. 8073. LANDSCAPE & MAINTENANCE PAY FROM GEN FUND -- 001-722-5-430-15 BULLDOG FENCE & TENNIS, INC ............................... $1,505.00 PO 7903. FENCING PAY FROM W & S UTIL REV FUND -- 421-000-0-691-21 CH2M HILL .................................................... $4,653.01 ENGINEERING SERVICES STARTUP ASST/ENG REC #22 PAY FROM 1990 CONST FUND -- 409-000-0-690-10, $3,027.14 PAY FROM W & S UTIL REV FUND -- 421-000-0-690-21, $1,091.09, 421-000-0-691-21, $534.78 CENTER FOR FAMILY SERVICES ............................... $4,190.46 EMP. ASST. PROGRAM BILLING OCT. - DEC. 1994 PAY FROM GEN FUND -- 001-135-5-482-00 CHEMICAL LIME ............................................... $6,587.15 PO 7980. LIME FOR CHEMICAL SOFTENING PAY FROM W & S REV FUND -- 401-335-5-365-00 CROM CORPORATION ........................................ $68,513.49 PO 7158. DESIGN/BUILD ELEVATED STORAGE TANK PAY FROM 1990 CONSTRUCTION FUND--409-000-0-690-10 CO ~V~ M iSSIO N NOV ! .]994 APPROVAL 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. DATA FLOW SYSTEMS, INC ................................... $50,700.00 PO 6457. REMOTE TERMINAL UNITS/FINAL PYMT PAY FROM W & S UTIL REV FUND -- 412-000-0-691-21 DECORA OFFICE FURNITURE .................................. $1,626.94 PO 5687. RESTOCK OFFICE SUPP MDSE PAY FROM WAREHOUSE FUND -- 502-000-0-410-10 DEPT. OF ENVIRONMENTAL PROTECTION ....... $10,000.00 FIVE-YEAR DEEP INJECTION WELL PERMIT PAY FROM 1990 CONST FUND -- 409-000-0-690-10 ENGINEERING SOFTWARE SERVICES .......................... $2,221.80 PO 8372. REPLACE COMPONENTS PAY FROM SELF INS FUND -- 622-195-5-440-01 ENVIROTEST TECHNOLOGIES ................................. $2,500.00 STATE MOTOR VEH INSP COUPON BOOKS PAY FROM VEH SERV FUND -- 501-193-5-432-01 FERGUSON UNDERGROUND INC ............................... $2,052.00 PO 7701. PARTS FOR W/MAIN REP. PROGRAM PAY FROM W & S UTIL REV FUND -- 421-000-0-690-21 FIRST UNION NATIONAL BANK ................................ $1,852.21 BOND CALL SERV PUB/REC FAC REV SERIES 1984 PAY FROM GC REV FUND -- 411-888-5-795-00 FOOT-JOY ..................................................... $1,222.32 PO 8287. PRO SHOP MDSE PAY FROM GC REV FUND -- 411-000-0-420-10 FL. DEPT. OF LABOR & EMP. SEC .............................. $12,497.90 SELF INS PYMT - 7/16/94 - 10/15/94 PAY FROM SELF INS FUND -- 622-195-5-447-00 FL. PETROLEUM LIB. INS. PROG. ADM .......................... $3,406.00 STORAGE TANK LIAB. INS. 12/10/94 - 12/10/95 PAY FROM SELF INS FUND -- 622-195-5-449-00 GEE & JENSEN ................................................ $2,259.69 CDBG PHASE III ENGINEERING SERVICES PAY FROM FED GRANTS -- 105-513-5-463-00 NOV I 1994 AppROVAL 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. GOLD COAST GYMNASTICS .................................... $1,064.00 CHEERLEAD1NG INSTRUCTOR FEES PAY FROM REC SPEC REV FUND -- 472-721-5-469-00 HOFFMAN'S A/C INC ........................................... $2,464.50 PO 8232. REPLACE AIR CONDITIONER PAY FROM GC REV FUND -- 411-725-5-629-00 HUNTERS RUN GOLF & RACQUET CLUB ........................ $2,500.00 ADDL DEPOSIT/ANNUAL BOARD DINNER PAY FROM GEN FUND -- 001-194-5-450-08 JOHNSTON ROOFING OF SOUTH FLORIDA ..................... $2,200.00 REROOFING/THOMAS RESIDENCE PAY FROM COMM IMP/CRA FUND -- 621-000-1-479-62 JONES CHEMICALS ............................................ $3,278.19 PO 8113. CHLORINE PAY FROM W & S REV FUND -- 401-335-5-363-00, $1,995.00 401-335-5-365.00, $1,283.19 KILDAY & ASSOCIATES ........................................ $9.961.62 MEDIAN ARCH. LANDSCAPE PROJECTS/SEPTEMBER PAY FROM PUB SERV TAX CONST -- 301-722-5-635-03 WILLIAM LAMBERT ........................................... $1,456.72 ARB REPORT & FEE STATE/BBFF1891 - RICHARDSON ARB PAY FROM GEN FUND -- 001 - 141-5-460-18 LARUE PLANNING & MANAGEMENT SERVICES ................. $1,200.00 MANAGEMENT ASSISTANCE PAY FROM GEN FUND -- 001-121-5-468-00 MARINE ENGINE EQUIPMENT CO ............................. $22,152.00 PO 7610. MOBILE GENERATOR PAY FROM W & S REV FUND -- 401-352-5-642-00 NATIONAL GUARDIAN ..... . .................................... $3,323.00 PO 7619. ELECTRONIC DOOR READER/SOFTWARE PAY FROM GEN FUND -- 001-211-5-670-02 NATIONAL LIBRARY RESOURCES LTD ......................... $1,433.70 SUBSCRIPTION RENEWAL PAY FROM GEN FUND -- 001-711-5-661-00 COMMISSION NOV I ]994 APPROVAL 32. 33. 34. PEROXIDATION SYSTEMS INC ................................. $5,962.50 PO 8198. ODOR/CORROSION CONTROL PAY FROM W & S REV FUND -- 401-352-5-365-00 POLICE LAW INST. - TECIt. INNOVATION CTR .................. $16,000.00 SUB. LEG UPDATE & REVIEW/TRAIN1NG SYS. PAY FROM GEN FUND -- 001-211-5-382-00 RANDY STEEN ALUMINUM PRODUCTS INC ..................... $1,200.00 pO 7921. GARAGE WALK ROOF/POLICE DEPT PAY FROM GEN FUND -- 001-000-1-020-10 35. 36. 37. 38. 39. 40. ROBERT GODFREY LTD ....................................... $2,844.00 PO 8221. FIBAR MULCH FOR PARK PAY FROM PUB SERV TAX CONST -- 301-722-5-634-07 ROCKLAND CONSTRUCTION CO .............................. $59,456.70 PO 7163. REP/R_ECONST OCEANFRONT PARK - PYMT #4 PAY FROM REC & MUN BEACH IMP -- 303-721-5-640-36 SEVERN TRENT SYSTEMS ....................................... $1,800.00 ANNUAL SOFTWARE MAINT AGREEMENT PAY FROM GEN FUND -- 001 - 131-5-430-09 SMITH SECKMAN REID, INC ................................... $2,418.90 PO 6118. I-IVAC SYSTEM MODIFICATIONS PAY FROM PUB SERV TAX CONST -- 301-194-5-468-00 SOUTHEASTERN MUNICIPAL SUPPLY .......................... $3,890.36 PO 8194. WATER TP EMERGENCY REPAIR PAY FROM W & S UTIL REV FUND -- 421-000-0-690-21 UTILITY SERVICES INC ....................................... $43,405.20 PO 7241. REHAB & MOD TO LIFT STATION PAY FROM W & S UTIL REV FUND -- 421-000-0-691-21 41. SUNNY TIME TOURS ........................................... $1,274.00 SENIOR TRIP TO CYPRESS GARDENS PAY FROM REC SPEC REV FUND -- 472-000-4-472-10 42. TARE ......................................................... $4,835.00 PO 8774. LANDSCAPE MAINTENANCE SERVICE PAY FROM GEN FUND -- 001-722-5-430-15 COMMISSION NOV 1 1994 APPROVAL 43. 44. 45. 46. 47. 48. 49. THOMAS MCCABE ............................................ $1,068.00 TUITION REIMBURSEMENT PAY FROM MISC TRUST FUND -- 691-000-1-690-10 U & ME TRANSFER ............................................ $1,094.63 PO 8222. MOVING ENG. & CODE ENFORCEMENT PAY FROM W S REV FUND -- 401-392-5-499-00 UNDERWATER UNLIMITED DIVING SERVICES INC ............. $5,600.00 PO 8225. MANHOLE REHAB PAY FROM W & S UTIL REV FUND -- 421-000-0-691-21 VALUE RENT-A-CAR ....... · .................................... $1,361.25 PO 8182. VICE DIV/CAR RENTALS PAY FROM GEN FUND -- 001-211-5-499-00 PATTY VATTEROTT ........................................... $1,260.00 HORSE BACK RIDING INSTRUCTOR FEES PAY FROM REC SPEC REV FUND -- 472-721-5-469-00 WESTERN WATERPROOFING CO. OF AMERICA ................. $9,900.00 PO 6996. CITY HALL CAULK/COATING PAY FROM PUB SERV TAX CONST -- 301-194-5-634-12 20/20 INSIGHTS INC ............................................ $3,200.00 ASSESS CTR TEST/FIRE LIEUTENANT PAY FROM GEN FUND -- 001-135-5-395-00 COM zIiSSION NOV I 1994 APP~uVAL THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT. DIANE REESE, DEPUTY FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER