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Minutes 09-09-94 NINUTES OF THE REGULAR CITY COI~ISSION #EETING HELD IN COHNISSION CHAHBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON FRIDAY, SEPTEMBER 9, 1994, AT 6:30 PRESENT Edward Harmening, Mayor Lynne Matson, Vice Mayor Matthew Bradley, Mayor Pro Tem David Katz, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Vice H~3or ~nne #arson B. Invocation - Rev, A, J, Davis, St, Paul A,N,E, Church C. Pledge of Allegiance to the Flag led by I~or Ed Harmenlng Vice Mayor Matson called the meeting to order at 6:30 p.m. Following the invocation, Mayor Harmening arrived and led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Matson added Item IX-A.3, "Meadows Park and Boynton Lakes Park". City Manager Parker added two bills under Item III-D. One bill is for Johnson & Davis in the amount of $2,517, and the other is for Custom T-Shirts in the amount of $1,425. Attorney Cherof deleted Item X-C.7, "Proposed Resolution regarding the Fire- fighters' Collective Bargaining Agreement", and added Item X-D.3, "Approval of $60,000 Park Fee for Woolbright Place PUD". Mayor Harmening added Item IV-B.3, "Request from Gene Moore". 2. Adoption Vice Mayor Matson moved to approve as amended. Mayor Pro Tem Bradley seconded the motion, which carried unanimously. In response to Mayor Harmening's inquiry, City Manager Parker advised that Commissioner Aguila would not be present at this meeting in order to attend Mrs. Aguila's induction as a Professor at the community college. II. ADMINISTRATIVE: A. Accept resignation from Lllltan Artts, Regular Member, Recreation & Parks Board Vice Mayor Matson moved to accept the resignation. Commissioner Katz seconded the motion, which carried unanimously. - i - NZNUTE$ - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA SEPTE#BER 9, 1994 B. Appointments to be m~de: Appointment To Be #ade Regl Board Alt Length of Term Expiration Date II Bradley II Bradley III Aguila II Bradley Mayor Harmening II Bradley III Aguila IV Matson I Katz II Bradley IV Matson Mayor Harmening I Katz Education Advisory Board Alt Board of Adjustment Alt Cemetery Board Alt Children & Youth Advisory Alt Nuisance Abatement Board Alt Education Advisory Board Alt Education Advisory Board Reg Children & Youth Advisory Reg Code Enforcement Board Reg Code Enforcement Board Reg Code Enforcement Board Alt Community Relations Board Reg Recreation & Parks Board Reg Term expires 4/95 TABLED 2 yr term to 4/96 TABLED 1 yr term to 4/95 TABLED 1 yr term to 4/95 TABLED 2 yr term to 4/96 TABLED Term expires 4/95 TABLED 2 yr term to 4/96 TABLED Term expires 4/95 TABLED Term expires 9/97 TABLED Term expires 9/97 TABLED Term expires 9/95 TABLED Term expires 4/95 Term expires 4/95 Motion Commissioner Katz moved to remove all tabled appointments from the table. Mayor Pro Tem Bradley seconded the motion, which carried unanimously. Mayor Pro Tem Bradley tabled his Alternate appointment to the Education Advisory Board as well as his Alternate appointment to the Board of Adjustment. Mayor Harmening tabled his Alternate appointment to the Nuisance Abatement Board. Vice Mayor Matson tabled her Regular appointment to the Advisory Board on Children and Youth, and her Alternate appointment to the Code Enforcement Board. Commissioner Katz tabled his Regular appointment to the Code Enforcement Board. Commissioner Katz appointed Chris DeLlso as a Regular member of the Recreation & Parks Board, without objection. Attorney Cherof confirmed that Mr. DeLiso can accept this appointment, but must resign from his position on the Nuisance Abatement Board prior to beginning his assignment on the Recreation & Parks Board. c. Authorize purchase of equipment for Library HVAC System to decrease costs for annual electric bill As outlined in Agenda Memorandum No. 94-312 from City Manager Parker, FPL has recommended the installation of a heat pipe system and thermal storage unit to replace the energy inefficient equipment at the Library. The equipment proposed by FPL will maintain the correct humidity levels to keep mold from growing. The net cost of this equipment is $72,800 after'an $18,200 rebate from FPL. The Library currently spends $90,000 per year for electricity. This equipment is projected to save $50,000 per year. -2- #INUTE$ - REGULAR CITY COHHI$$]'OH HEETING BOYNTON BEACH, FLORIDA SEPTEHBER 9, 1994 Mayor Harmening remarked that he has been in favor of the heat pipe system, but is not in favor of the thermal storage unit. Rusty Russlllo) of Florida Power & Light, said this thermal storage project will qualify for a rebate. The rebate is an inducement for the City to switch its load to off-peak hours. This system, coupled with the heat pipe system, will offer an excellent opportunity for the City to save enough money to guarantee an eighteen month pay back. In response to Mayor Harmening's question, Mr. Russillo advised that there is no rebate available for the installation of the pipe heat system only. The thermal storage project is an investment on the part of the City and FPL attempts to offset that cost by offering the rebate. Notlon Mayor Pro Tem Bradley moved to approve. Commissioner Katz seconded the motion, which carried unanimously. D. Final Change Order #8 in the amount of $2,891,88 for Contract II of the West Water Treatment Plant for Poole & Kent As outlined in Utilities Memorandum No. 94-284 dated August 30, 1994, from John Guidry to City Manager Parker, the original contract was signed on December 4, 1991 for $8,860,000. It has been amended seven times to $9,301,575.97. This Change Order includes sixteen (16) items which have been negotiated by the Construction Manager and the contractor. Nine (9) of the items are necessary additions to the contract which total $8,920.15, and seven (7) are credits totalling $6,028.27, for a net cost addition of $2,891.88. If approved, this Change Order increases the final total cost of Contract II to $9,304,467.85. This final Change Order completes the project and cleans up the final additions and credits related to closing out the contract.' At Commissioner Katz' request, Messrs. John Guidry and Jim McLellan explained that this contract is approximately $500,000 more than the originally-proposed contract because of changes and additional work required by the City. Mr. Guidry explained that this was a massive project and the $500,000 is not an unu- sual amount for the complexity of the project. This is the final Change Order. Don Flnton) 214 SE 7th Avenue) is an active Chamber of Commerce member and has s--~-Fved On CiE b~-~r~.. Mr. Finton worked on the West Water Treatment Plant project and he is still owed $15,750 by Poole & Kent'. They have refused to pay because of a loophole in the lien law. There are other subcontractors who are also owed money which amounts to a couple of hundred thousand dollars. Poole & Kent terminated their builder and left the subcontractors unpaid. They will be making a profit of approximately $300,000. Mr. Finton requested that the Commission investigate this situation and set aside the money owed to the sub- contractors before the final payment is made to Poole & Kent. Attorney Cherof advised that he has had conversations with one of the attorneys for Poole & Kent. Under the terms of the contract, they will be responsible and will indemnify the City for any of the outstanding claims by the subcontractors; however, this is not a guarantee they will pay the subcontractors. They have -3- #INUTES - REGULAR CITY COHI4ISSION NEETING BOYNTON BEACH, FLORIDA SEPTEHBER 9, 1994 provided a draft of an indemnification agreement. Attorney Cherof requested that the Commission direct the administration to place this item on the next City Commission agenda for full review and discussion on September 20. Mayor Harmening agreed to include this item on the next agenda. Hotlon Commissioner Katz moved to approve Final Change Order #8 for Poole & Kent in the amount of $2,891.88. Mayor Pro Tem Bradley seconded the motion, which carried unanimously. E. Authorization to prepare new p~ plans for Fiscal Year 1994/95 In Mayor Harmening's opinion, preparation of the new pay plan at this point is premature. City Manager Parker advised that authorization would only allow preparation of the computer programs. City Manager Parker further advised that a change is being recommended with regard to the General Employees' 1% lump sum cost of living adjustment. Because of the possibility of some employees receiving their merit increases between October 1st and the December payment date of this lump sum payment, it is recommended that the date of payment be changed to October 1, 1994. This would also mean that employees hired through September 30 would receive the lump sum COLA. Those employees hired after that date would not be eligible for the adjustment. In response to Mayor Harmening's question, William Sullivan, Personnel Director, said it takes approximately two days to make out a pay matrix. Four pay matrixes will be required for this coming fiscal year. Entering and correcting each employee's pay rate takes a great deal of time. The new information must be proofed four times. Mayor Harmening stated that he does not object to beginning the process, but he is not in favor of most of the recommended pay raises for the next fiscal year. Attorney Cherof advised that approval of this agenda item does not include the approval of the pay raises. Hotlon Commissioner Katz moved to approve authorization to prepare new pay plans for Fiscal Year 1994/95. Vice Mayor Matson seconded the motion, which carried 4-0. Hotlon F. Approve Change Order #2 tn the amount of $557,48 for Western Water- proofing Co~an~ (Ctty Hall project) Mayor Pro Tem Bradley moved to approve Change Order #2 in the amount of $557.48. Commissioner Katz seconded the motion, which carried unanimously. III. CONSENT AGENDA A. Nlnutes 1. Regular City Con~lsslon Neetlng #lnutes of August 16, 1994 -4- NZNUTE$ - REGULAR CZTY COMMISSZON NEETING BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1994 B. Bids - Recommend Approval - All expenditures are approved tn the 1993-94 Adopted Budget 1. Extend the current btd for the purchase of uniforms under the same terms and conditions fr~Narttn Lam~r Uniforms As outlined in Purchasing Agent Lana Koester's memorandum to City Manager Parker dated August 11, 1994, Purchasing concurs with the Warehouse Manager's request to extend the existing bid: ANNUAL CONTRACT FOR THE PURCHASE OF UNIFORMS, for an additional year. As per bid specifications, the bid may be renewed for one year under the same terms and conditions with mutual agreement of both parties. The Warehouse has worked closely with Martin Lamar and reports that this company has performed in a satisfactory manner throughout the year. The new contract period will be from October 4, 1994 through October 3, 1995. Funds are available in Account 502-000-0-410-13. The estimated expenditure for 1993-94 is $55,000. 0 Purchase and Installation of one 9asoltne dispensing vapor recovery system from the low bldder, Glasgow Equlpment $ervtce In the amount of $18,931,00 The Tabulation Committee recommends awarding the bid to Glasgow Equipment Service, Inc., West Palm Beach, Florida, in the amount of $18,931. Glasgow Equipment Service, Inc. is the lowest, most responsive, responsible bidder meeting all required specifications. 3. Extend the current bld for annual supply of sulfuric acid for one year under the same terms from ~ones Chemical Purchasing concurs with the Utility Department's recommendation to extend the Bid for ANNUAL SUPPLY OF SULFURIC ACID for an additional year on an "as needed basis". The awarded vendor is Jones Chemical of Ft. Lauderdale, Florida. The contract is to be extended with the agreement that the terms, conditions and proposal prices remain the same. Jones Chemical has performed satisfactorily with no problems. Funds are available in Account #401-335-5-365-00. C. Resolutions: Proposed Resolution No, R94-143 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board action of July 21, 1994: ae Approve to expend $3,525 from the Repair and Replacement Fund to repair existing paco pump for reuse water system in old effluent building bo Approve to expend $1,750 from the Repair and Replacement Fund to replace drive motor and impeller for reuse water system in equalization building c. Approve to expend $3,300 from the Repair and Replacement Fund to replace refrigerated sampler in pretreatment building -5- MINUTES - REGULAR CITY COI~ISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1994 de Approve to accept the 1994/95 Budget, Capital Projects, Capital Assets, and Repair and Replacement expenditures with the exception of amendments that will be discussed at a special meeting. Discussion ensued regarding Proposed Resolution No. R94-143. There was agreement of the Commission not to approve the budget since there were still outstanding issues. Motion Vice Mayor Matson moved to approve Proposed Resolution No. R94-143, a, b, and c, with the exception of Item d. Commissioner Katz seconded the motion. D. Approval of Bills A copy of the bills is attached to the original copy of these minutes on file in the City Clerk's Office. City Manager Parker added two bills which include one for Johnson & Davis in the amount of $2,517, and one for Custom T-Shirts in the amount of $1,425. E. Authorize Records Destruction for the Purchasing Department As outlined in City Clerk Sue Kruse's Memorandum #94-103 dated August 23, 1994, to City Manager Parker, the State has approved Records Destruction Request #275. F. Authorize refund on Cemetery Lot 181, Block B, Boynton Memorial Park As outlined in City Clerk Sue Kruse's Memorandum #94-107 dated August 30, 1994, to City Manager Parker, Dorothy Schramm has requested a refund on this cemetery lot as a result of her relocation to another state. Motion Commissioner Katz moved to approve the Consent Agenda except Item III-C.d, and including the bills for Johnson & Davis in the amount of $2,517 and Custom T-Shirts in the amount of $1,425. Vice Mayor Matson seconded the motion, which carried unanimously. IV. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements 1. Code Revision Workshop Meeting previously scheduled for September 12, 1994 change to September 26, 1994 at 6:00 p,m, Following Mayor Harmening's announcement about this meeting, City Manager Parker advised that this date is unacceptable and she was unable to get a consensus of the Commission for an alternative date in September. Mayor Pro Tem Bradley suggested combining this meeting with the meeting already scheduled for October 3rd. Since Mayor Harmening and Vice Mayor Matson have -6- HIHUTES - REGULAR CITY CO14t41SSIOH HEETIHG BOYHTON BEACH, FLORIDA SEPTEHBER 9, 1994 conflicts with that date, no meeting will be held on October 3rd. Mayor Harmening requested that the City Manager's Office work out a date for this meeting. 2. First Budget PubllC Hearing for FY 94195 - September 13, 1994 - 6:OD p,m, Mayor Harmening announced this budget public hearing. 3. Change October 4, 1994 City C~m-mtsslon Meeting date to WednesdaY, October 5, 1994, due to a primary election being held on October 4th Consensus There was a consensus of the Commission to change the date of the regular City Commission meeting to Monday, October 3, 1994. 4. Downtown Charrette - timetable and schedule Mayor Harmening announced that this charrette was in progress at the Art Center and will also be held on Saturday from 9:00 a.m. to 12 noon. Mayor Pro Tom Bradley advised that there will be experts present at the meeting to receive input from the residents. They will then take that input and help us formulate a plan. B. presentations 1. Employee of the ~onth - August, 1994 City Manager Parker postponed this item since the employee is currently on vaca- tion. 2. proclama, tton- Palm Beach Letsurevllle Coflmunlty Association's Silver Anniversary DaY, November 2, 1994 Mayor Harmening read a Proclamation declaring November 2, 1994 as Palm Beach Leisureville Community Association's Silver Anniversary Day. 3. Request from Gene #Dore Gene ~~ the~ Beach ~ said the Bulldogs are an 6ritZy in the South Klorid~outh Foot6-~ll League. This League was established last year to fill a vacuum which occurred when the School Board eliminated all types of recreation and athletic facilities from school programs at the middle school level. We began with three teams and thirty cheerleaders. There are five teams this year with fifty cheerleaders. Approximately 200 children are involved in the program which is very successful. Last year, they were able to raise approximately $45,000. This year's budget has been set at $20,000. They have been able to raise $15,000 and requested that the City Commission consider donating the remaining $5,000. -7- MINUTES - REGULAR CXTY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1994 Motion Commissioner Katz moved to approve the $5,000 donation. Mayor Pro Tem Bradley seconded the motion. At Vice Mayor Matson's request, City Manager Parker advised that this $5,000 would come from the $10,067 whiCh remains in the 1993/94 'Contingency Account. Mayor Pro Tem Bradley feels this ounce of prevention is worth a pound of cure. Mr. Moore said this function keeps the children off the streets, and promised the City Commission would not be sorry with its decision. The motion carried unanimously. MAYOR HARMENING DECLARED A SHORT RECESS. V. BIDS North Federal Highway Medians - Consideration of awardtn9 bid to Gazebo Landscaping Design, Inc,, and authorization to execute contract (Proposed Resolution No, R94-144) As outlined in Recreation and Parks Memorandum No. 94-323 from Forester/Environ- mentalist Kevin Hallahan to Lana Koester dated September 1, 1994, the Recreation and Park Department recommends awarding the contract for landscaping and irriga- tion to Gazebo Landscape Design, Inc., in the amount of $42,079. Motion Vice Mayor Matson moved to approve Gazebo Landscaping Design, Inc. of Delray Beach, for the North Federal Highway Median Landscaping, not to exceed $42,079. Commissioner Katz seconded the motion, which carried unanimously. Attorney Cherof read Proposed Resolution No. R94-144 by title only. Motion Vice Mayor Matson moved approval of Proposed Resolution No. R94-144. Commis- sioner Katz seconded the motion, which carried unanimously. VI. PUBLIC HEARING None VII. PUBLIC AUDIENCE: Brad Aldrldge, 3045 North Federal Hlghway~ Del ray, Florlda~ spoke about the water lines which the'dTty has extended from the north through Tradewinds Estates. Mr. Aldridge has nine cottages on U.S. #1 zoned Commercial. He has been told by HRS that he must hookup to the water lines because of Palm Beach County Environmental Rule #2, Section IOA. Mr. Aldridge contacted Peter Mazzella who advised the fee for hookup would be $12,000. After meeting with Ms. Parker and Mr. Mazzella to discuss the fee, Mr. Aldridge was advised to address the City Commission with regard to a payment plan. -8- #~NUTE$ - REGULAR CXTY CONN~$$[ON NEETZNG BOYNTON BEACH, FLORXDA SEPTE#BER 9, 1994 Attorney Cherof advised that Chapter 26 does not make reference to installment payments. He understood that there was precedent for such installment payments. Mayor Harmening said installment payments were permitted for a trailer park out- side the City limits. City Manager Parker advised that trailer parks are covered under a separate State requirement. Since the Code was silent in Mr. Aldridge's case, staff felt it might be possible. City Manager Parker advised that Mr. Aldridge is seeking twelve to eighteen months to pay off the fee. The fees are $6,904 within the City, and $8,630 outside the City limits. Discussion ensued regarding the interest rate to be charged. Commissioner Katz was agreeable to allowing Mr. Aldridge twenty-four months to pay at 8% interest. In response to Mr. Aldridge's question, Mayor Harmening said such a payment plan would be available to others also. Attorney Cherof advised that documentation is necessary and requested that the City Commission authorize him to prepare the necessary agreement with the prop- erty owner. Norton Vice Mayor Matson moved to approve this in concept and instruct the City Attorney to bring back the appropriate paper work to the next meeting. Mr. Aldridge questioned whether or not his decision to annex would have an effect on the Commission's decision. Mayor Harmening responded negatively. Attorney Cherof recommended adopting a formal policy which deals with the pa- rameters and the necessary documents. He will bring this back for Commission review and approval. Commissioner Katz seconded the motion, which carried unanimously. Henrietta Solomon~ 230 NE 20th Avenue, requested that the Commissioners speak into the microphones so that .they can be heard by everyone. Ms. Solomon also advised the Commissioners that, upon returning from vacation, she was shocked to learn of the City's decision not to have a referendum on the ballot in November to let the people decide whether or not to remove department heads from Civil Service. It is her opinion that this Commission feels it does not need the input of the citizens of the City. It is the right of the people to have a voice in the City and she requested the City Commission revisit the issue and let it go to a referendum. Doroth~ Bury, owner of Sun Travel Agency and a bus tour company, asked the City Commission to justifTt~e' exorbitant increases in the Occupational License fees. She claims her license was $50 and now has been increased to $140 for 1995. She compared her increase to that of a camera store whose license fee was $112 and has now been increased to $137. She questioned why they were increased only 22% and she was increased 175%. Mrs. Bury's Occupational License fee for the bus tour company has increased from $75 to $210 for 1995. She questioned whether the current small businesses -9- MINUTES - REGULAR CITY COI~ISSION #EETING BOYNTON BEACH, FLORIDA SEPTEHBER 9, 1994 will be bearing the burden of the marina which will be coming into the City tax free. City Manager Parker explained that the City Commission had several workshops on these changes before voting to adopt the changes. City Manager Parker attempted to explain the Occupational License process to Mrs. Bury. Deborah Corvey, 1950 $. Federal Hlghway, owns a billiards room. The cost of her Occupational License is $788 per year. The license for only the tables is $658 plus an additional $130 for the chairs around the bar. She pointed out that Motorola's largest license costs only $500. Ms. Corvey also explained that she pays $270 to the County each year, $442 to the State for a beer license, and $211 because they require her to have a hotel and restaurant license. Her total tax liability is $14,000 per year. Her gross volume is $150,000. She questioned how the decision was made to tax by the table, and wondered who decided on the formula. ~o~ce Rutherford,~ Actton B1111ards~ said the City never had pool rooms until she and Ms, Corvey came to Boynton Beach. She feels a change should be made and feels this system is unfair. She felt that because her monthly water bill is only $28,00, she is not putting a strain on City services. She inquired how the City can justify the $658 fee, and stated that the City fees are killing the small business owners. ~an #ettler said her Occupational License fee increased from $50 to $140. She said she is working very hard to survive and is doing very well because she is keeping costs low and handling the business herself. She cannot afford increases which make no sense. Mayor Harmening pointed out that no action would be taken at this time since this was not an agenda item. He urged them to appear before the City Commission during the budget public hearings. City Manager Parker explained that the fees are not part of the budget and the bills were sent out based on a previously- adopted Ordinance. VIII. DEVELOPHENT PLANS: None IX. NEW BUSINESS: A. Items for discussion requested b~ Vice N~or ~nne N~tson 1. Report on Florida League of Cities Convention Vice Mayor Matson reported that the Convention was held in Orlando from August 25th through August 27th. There were concurrent workshops everyday dealing with municipal finance and taxation, city-manager form of government, lobbying, grants exchange, etc. A wealth of information was secured at the grants exchange and Vice Mayor Matson was able to get a book of every grant which is available in the State. There were many programs which will be able to come forward to the City. She will copy these programs and make those copies available to the Commission. Vice Mayor Matson also participated in a luncheon with Governor Chiles and a lobbying session. This was an opportunity to network and get to know other elected officials and learn how they are solving problems. - 10 - MINUTES - REGULAR CITY COPJ4IS$ION MEETING BOYNTON BEACH, FLORIDA SEPTE#BER 9, 1994 Vice Mayor Matson was Acting Chair of the Intergovernmental Relations Committee and participated on the Resolutions Committee. She will supply the Commissioners with copies of the Resolutions which were voted on and passed. The new president, Clarence Anthony, named Vice Mayor Matson Chair of the Intergovernmental Relations Committee for next year, and part of his legislative team. 2. Report on North Boynton Task Force #eetln9 The North Boynton Beach Task Force met for the first time at Hester Center. It was very beneficial and approximately thirty people attended. Chief Dettman attended and made himself available for questions and answers. Vice Mayor Matson thanked City Manager Parker and Tommy Williams for their assistance. All future Task Force meetings will be held at Hester Center on the last Tuesday of every month. 3. Meadows Park and Boynton Lakes Park Vice Mayor Matson referred to Recreation & Parks Memorandum No. 94-326 dated September 6, 1994 to Carrie Parker, wherein a proposal is recommended to hold the dedication of the two parks on September 24, 1994 from 10:00 a.m. to noon. Vice Mayor Matson pointed out that the September 24th date presents a problem since the Seafest is being held on that date. Furthermore, she pointed out that the September 24th date is a proposed date, but Boynton Lakes Park is not yet completed. Vice Mayor Matson suggested holding the dedication of the two parks during City Government Week which will be from October 23rd through October 29th. This will allow additional time to make certain the parks are completed. Vice Mayor Matson will provide posters which were distributed at the Florida League of Cities Convention. She is pleased with the festivities which have been planned, but requested adding one or two additional programs at the larger park or at the community center at the Fire Station. Consensus There was a consensus of the Commission to hold the dedication ceremonies on Saturday, October 29, 1994. Vice Mayor Matson feels delaying this dedication until October 29th will allow the time to come up with additional ideas for City Government Week. She is hopeful that more activities can be planned for next year. She suggested a tour of the new West Water Treatment Plant. B. Update and authorization to proceed with amendments to storm~ater ordinance City Manager Parker reminded the Commission that this is another major project the City Commission adopted in December, 1993. The bills are being prepared to go out for this program. Upon reviewing the Ordinance, a few changes have been recommended which can be incorporated if the Commission so desires. They are: - 11- MINUTES - REGULAR CITY COMHISSION NEETING BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1994 There is no mention in the Ordinance about any future annexation areas or consolidation areas coming out of the stormwater Ordinance. Staff recommends adding language to clarify that anyone annexed mid-year will come under the billing procedure. Mayor Harmening agreed with this recommendation. e The Ordinance is not clear on whether vacant properties will be charged a fee. Staff is recommending that vacant properties not be charged a fee; therefore, a paragraph would be added to the Ordinance stating that vacant properties are exempt. Mayor Harmening said there was never any intent to charge vacant properties a fee, and a paragraph to that effect should have been included. 0 The Ordinance provides for the establishment of a board comprised of the Finance Director, the Engineer and a representative from the City Manager's Office to handle a request from a citizen for an adjustment to the fee. This would be the final appeal accord- ing to the current Ordinance. City Manager Parker assumed that the City Commission would want to hear the final appeal. Mayor Harmening was opposed to the City Commission hearing the final appeal because he felt that was a way to shift the burden onto the City Commission. Commissioner Katz felt City Manager Parker was attempting to avoid a future problem when the City Commission may question why they were not included in the appeal process. No change was made to the Ordinance to include the City Commission in the appeal process. The present Ordinance allows the fees to be changed only by Resolution. Staff feels it would be more appropriate to Change the fees by Ordinance since that will require a public hearing and notice. Mayor Harmening was in agreement with this recommendation. City Manager Parker pointed out that there are no exemptions to this Ordinance. She is certain the churches and non-profit organizations will be contacting the Commissioners when the bills are received. A public information program will be undertaken. An article was prepared for the Chamber of Commerce newsletter which was sent out this month. A flyer and post card will be sent to every customer to advise them that this new'program will be going into effect. Mayor Pro Tem Bradley supported staff's proposal to notify all customers about .this program. He felt the same should have been done for the increases in the Occupational License fees. He reminded everyone that he had made that suggestion during the workshop meetings on the Occupational License fees. - 12- HINUTES - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA SEPTE#BER 9, 1994 Mayor Harmening explained that the City Attorney should be authorized to come back with an amended Ordinance including everything except Paragraph C. Mayor Harmening referred to Page 5, Paragraph 4. He feels this paragraph places a costly burden on a person who can do the calculations or the survey as well as a registered professional land surveyor or professional engineer. He also feels this paragraph tends to discourage public protest. He feels this should be amended so that the registered surveyor or registered engineer are not required in all cases. City Manager Parker pointed out that the City has the digital maps of the prop- erty which were used to develop the fees. Those maps would be provided to the applicant to show the impervious areas the City considered when the fees were developed. If the applicant had a problem with that map, since it is $1 per 1,937 feet, the main question would be how many feet there are and what is or is not impervious area. If that cannot be discussed from a site visit and a copy of the map, then the City would need more detailed information. Mayor Harmening still felt the language needed amendment. He feels that if there is a bona fide dispute between the property owner and the City, then the City could require the survey data and engineering reports prepared by the pro- fessionals. In response to Mayor Harmening's request, Attorney Cherof felt the best way to deal with this situation would be to delete the language in Paragraph 4. City Manager Parker inquired as to whether or not the City would then be able to require the reports if a dispute arose. Attorney Cherof advised that the burden will be on the applicant to prove the case. It was agreed that Paragraph 4 of Page 5 will be deleted. Mayor Harmening referred to Item #4 on Page 8, and requested that a dollar figure in the amount of $2,000 be inserted. Mayor Harmening realizes that there are costs associated with the administration of this program, but without a number included, that figure could become very large. City Manager Parker pointed out that the Director of Utilities' time falls under this category. If there are appeals, the $2,000 would not cover the cost. She requested that the City Commission make it clear that this would be a transfer to the General Fund. Mayor Harmening was agreeable, and then realized that might allow a transfer from the Utilities Fund into the Stormwater Utility Fund. He stated that he would feel better if the two were not intermingled. City Manager Parker said the way it is currently set up, the Stormwater Utility is a subset of our Utilities system. It is a separate account within the Utilities Department. City Manager Parker advised that the only reason Item #4 has been included is so that the time, energy and dollars expended on the staff people for Stormwater Utility is an accepted expense in the eyes of the auditors and everyone else for Stormwater functions. These changes discussed will be incorporated and brought back for first reading when a further review will take place. - 13- MINUTES - REGULAR CITY COMHI$SIOH MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1994 C. Set date and tlme for second Budget Public Hearln9 for FY 1994/95 - Suggested date and tlme Is Tuesday/, September 20, 1994 at 7:00 p.m. Tuesday, September 20, 1994, at 7:00 p.m., was confirmed as the date and time of the second Budget Public Hearing for FY 1994/95. D. Discussion and possible approval to authorize Clt~Attorne~ to place four ordinances on first readtng regarding pension changes City Manager Parker advised that the Fire Pension Board and General Employees' Pension Board has asked the City Commission to consider changes. The first request from the Fire Pension Board was recommended by the attorney with regard to offsetting language regarding workers' compensation payment and pension pay- ment. At present, the City offsets the payment. A recent Supreme Court deci- sion says we can no longer do that. The second request by the Fire Pension Board, as well as the General Employees' Pension Board, deals with the current restriction on the stocks and bonds which can be purchased by the fund. The request is to lift the restrictions on the stock section and that it no longer need to hold a rating in one of the three highest classifications by a major rating service. In response to Mayor Harmening's question, City Manager Parker advised that this restriction was put in place to ensure that the money managers and the Board do not invest in questionable stocks. Mayor Harmening elaborated that the purpose of purchasing stocks in one of the three highest classifications of a major rating service is to ensure that quality stocks are being purchased. It is important to have good quality so that value will not disappear. Although the money managers claim they could have made a great deal more money, it is also possible that we could have lost a great deal more money. This is the reason why this restriction was included in the original Ordinance. Mayor Harmening is not in favor of lifting this restriction. Harr~ Narcus, 650 Horizons East, said it is extremely important to be very pru- dent when deali-'~'ith'the life savings and pensions of people. He feels a con- servative approach should be followed. The employees should take a little less now, knowing that the money will be there in the future. Tom Shemwlck, Chairman of the Flreflghters' Penslon Fund, said the Fund is operating under the rest~i~-ETons set forth in the State Ordinance. The Fire Pension Fund is unable to purchase stocks which are listed on the S&P 500 because only half of them are ranked. He pointed out that he is very careful in his decisions as a Board member, but he realizes how limited the managers are because of the restriction. The purchase of Microsoft stock was impossible because it is not ranked. The reason it is not ranked is because it is not a ten-year company. Mr. Shemwick also pointed out that the Fund has a monitoring service which is responsible for keeping track of the purchases made by the money managers. Mayor Harmening realized that Mr. Shemwick is conservative in his approach, but pointed out that if he was to leave that Board, his replacement could have a different philosophy. - 14 - #INUTE$ - REGULAR CITY COI~ISSION HEETING BOYNTON BEACH, FLORIDA $EPTEHBER 9, 1994 In response to Commissioner Katz' question regarding restrictions pertaining to the percentages of purchases of stocks and bonds, Mr. Shemwick advised that the Fund has a 50/50 ratio. If this request was approved, it would have no effect on the commissions generated on sales. Lifting the restriction would permit the purchase of stocks such as Microsoft which cannot currently be purchased because it has not been public for ten years. Realizing that lifting this restriction would result in hundreds of additional stocks which could be purchased by the managers, Commissioner Katz questioned whether or not this would generate undue amounts of commissions to the managers. Mr. Shemwick stated that one of the Fund's managers trades in this manner now so it would not affect their amount or type of trading. Mayor Harmening disagreed and stated that a value manager would not trade in that manner. Mr. Shemwick agreed, and stated that this is the manner in which the growth manager trades. Commissioner Katz questioned how the pension holder's pension would be affected. Mr. Shemwick stated it would have no effect on the individual pension holders. Mr. Shemwick said this will allow a bigger universe of purchasing power. The wording of this particular section of Chapter 175 is very unclear, and this is an effort to clarify that language. Mr. Shemwick said there are 3,000 stOcks on the S&P, but there are 1,500 which cannot be purchased because they are not ranked. The Fire Pension Board would like to buy every stock which is listed on one of the three major stock exchanges. Commissioner Katz thought that opening this up to allow purchases on the S&P might be a compromise. Mayor Harmening said this would be too broad. Opening the purchases up to the stocks on the S&P 500 would broaden the field but still limit it. Mr. Shemwick pointed out that the money managers are paid according to the amount of money they make. A monitor is also paid to watch what the managers do. He does not feel this would jeopardize the Fund in any manner. Mr. Shemwick requested that the Commission authorize bringing this back for first reading so that he will have an opportunity to supply the back-up material which would support the request. Mayor Harmening had no problem with that request. Mayor Harmening stated that we have lost less money in the last nine months than most other pension funds because of our conservative approach, and he feels the Fund will remain in good shape if this request is not approved. He believes that some of the members of the Board are of the philosophy that if the Fund makes a lot of money, they will get bigger pensions. He has no intentions of raising pensions even if the amount of money in the Fund tripled. Mayor Pro Tem Bradley inquired as to what would happen if there was a windfall on a conservative stock and there was extra money in the Fund. City Manager Parker explained that we have a defined benefit plan, not a defined contribution plan. With a defined contribution plan, as the stocks, earnings and contribu- tions fluctuate, the benefits fluctuate. In a defined benefit plan, the benefit is fixed and the City must make up the difference over the years. - 15 - MINUTES - REGULAR CITY COt4HIS$ION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1994 Commissioner Katz supports bringing this back on first reading for a thorough review by both sides. Mayor Pro Tem Bradley feels it is important to stay as conservative as possible. If the Board invests poorly, the burden will be on the taxpayers. City Manager Parker pointed out that Mr. Calloway of Merrill Lynch also recom- mended lifting this restriction. Mayor Harmening stated that although he voted in favor of bringing this before the City Commission, it did not mean he was in favor of lifting the restriction. Mayor Harmening stated Mr. Calloway would have us buying everything in this world, especially a new issue. Mr. Calloway makes a profit in stock trading. He makes that profit because the two advisors buying the City's stocks trade through Merrill Lynch. Mayor Harmening said he has no problem with the first request from the Fire Pension Fund with regard to offsetting workers' compensation. He directed Attorney Cherof to prepare the necessary language. Vice Mayor Matson requested an opportunity to review all documentation before making a decision. She is a fiscal conservative and knows her fiduciary responsibility is to the taxpayers, but wants an opportunity to review everything prior to deciding. Notion Commissioner Katz moved to table Part 2 to receive additional back up. Vice Mayor Matson seconded the motion which failed 2-2. {Mayor Harmening and Mayor Pro Tem Bradley cast the dissenting votes.) City Manager Parker continued with the requests from the General Employees' Pension Board. She explained that Item #1 is the same request which was made by the Fire Pension Board with regard to the restriction on rating services. Item #2 is a request to put into Ordinance form a practicewhich is currently being followed by the City. When a question arose regarding how many times this practice was followed, Mr. Sullivan advised that there were two occasions. This information has been used for the last ten to fifteen years for long-term disability and it has an impact on the disability chapter. In response to a remark from Mayor Harmening, City Manager Parker advised that this request has nothing to do with Mr. Sullivan's situation. This item was discussed by the Pension Board prior to her becoming City Manager. Attorney Cherof advised that the Ordinances are already prepared in draft form and suggested bringing them forward at the next City Commission meeting for review. Mayor Harmening was not in favor of that suggestion. Vice Mayor Matson wanted to review all background information before voting on this item. In response to Mayor Harmening's question, City Manager Parker said that with regard to Item #2, this is a policy the City has practiced and it has no impact on the pension fund; therefore, she supports it. The Pension Board voted 6-0 in favor of Item #2. Commissioner Katz and Mayor Harmening had no problem with Item #2 of the General Employees' Pension Board request. - 16- *Mike Calloway of Jacksonville, Fi., not Mike Calloway of Delray Beach. NINUTE$- REGULAR CITY CONNIS$ION NEETING BOYNTOH BEACH, FLORIDA $EPTENBER 9, 1994 Consensus There was a consensus of the Commission for Attorney Cherof to bring this back at the next meeting for first reading. X. LEAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 094-28 Re: Garbage and Trash Attorney Cherof read Proposed Ordinance No. 094-28 by title only. With no one wishing to speak, Mayor Harmening declared the public hearing closed. Norton Mayor Pro Tam Bradley moved to approve Proposed Ordinance No. 094-28 on second and final reading. Commissioner Katz seconded the motion. City Clerk Sue Kruse polled the vote, which carried 3-1. (Mayor Harmening cast the dissenting vote.) 2. Proposed Ordinance No, 094-29 Re: Amendments to Section 2.5 Alarm Ordinance Attorney Cherof read Proposed Ordinance No. 094-29 by title only. Deborah Corvay, 1950 S, Federal Highway, said the alarm fines are extremely expensive. Also, she stated that what the Police Department considers a false alarm is not always a false alarm. Her alarm must be set at a very sensitive setting and anytime the door is rattled, the alarm sounds. Mayor Harmening advised that such a situation is easily corrected. He discussed with her the ways this can be done. With no one else wishing to speak, Mayor Harmening declared the public hearing closed. Notion Vice Mayor Matson moved to approve Proposed Ordinance No. 094-29 on second and final hearing. Commissioner Katz seconded the motion. City Clerk Sue Kruse polled the vote, which carried unanimously. B. Ordinances - 1st Reading: 1. Proposed Ordinance No, 094-30 Re: Rescinding water & sewer rate increase scheduled for fiscal year 1994-95 Attorney Cherof read Proposed Ordinance No. 094-30 by title only. Notion Vice Mayor Matson moved to approve Proposed Ordinance No. 094-30 on first reading. Commissioner Katz seconded the motion. City Clerk Sue Kruse polled the vote, which carried unanimously. - 17 - NINUTE$ - REGULAR CiTY COHHIS$ION NEETING BOYNTON BEACH, FLORIDA SEPTENBER 9, 1994 c. Resolutions 1. Proposed Resolution No. R94-138 Re: Authorize submittal of an application for acceptance of an RTC property ........... TABLED City Manager Parker advised that this Resolution would remain on the table since staff is currently in the process of contacting the RTC. 2. Proposed Resolution No, R94-145 Re: Authorize execution of contract for substitutes for the Rolling Green Latchkey After- school Program Attorney Cherof read Proposed Resolution No. R94-145 by title only. Notion Commissioner Katz moved approval of Proposed Resolution No. R94-145. Vice Mayor Matson seconded the motion, which carried unanimously. 3. Proposed Resolution No, R94-145 Re: Approval for Emergency Medical Services {EMS} Grant Attorney Cherof read Proposed Resolution No. R94-146 by title only. Notion Commissioner Katz moved approval of Proposed Resolution No. R94-146. Mayor Pro Tem Bradley seconded the motion. Mayor Harmening questioned the life expectancy of the equipment and the cost. Fire Chief Floyd Jordon was not aware of the life expectancy, but stated the total cost is $9,700 for all six pieces of equipment. The motion carried 4-0. Notion 4. Proposed Resolution No, R94-147 Re: Confirmation of Dale Sugerman as Assistant City Manager Attorney Cherof read Proposed Resolution No. R94-147 by title only. Commissioner Katz moved approval of Proposed Resolution No. R94-147. Vice Mayor Matson seconded the motion. Commissioner Katz stated that one of the best parts of this is that Mr. LaRue will no longer work here. He said he was against hiring Mr. LaRue when the presentation was made, and he is glad to see him gone. Mayor Harmening agreed that he was also opposed to hiring Mr. LaRue. The motion carried unanimously. - 18- #INUTE$ - REGULAR CITY CONNIS$ION #EETING BOYNTON BEACH, FLORIDA $EPTE#BER 9, 1994 5. Proposed Resolution No, R94-14B Re: Accept donation of stock for the Gold Coast Band Attorney Cherof read Proposed Resolution No. R94,148 by title only. Motlon Vice Mayor Matson moved approval of Proposed Resolution No. R94-i48. Commis- sioner Katz seconded the motion, which carried unanimously. Mayor Harmening referred back to Proposed Resolution No. R94-147. Mayor Harmening inquired as to how much money would be paid with regard to Mr. Suger- man's pension. City Manager Parker advised that Mr. Sugerman is a Civil Service employee. He will contribute 7%. Mayor Harmening was surprised to learn that Mr. Sugerman will be a Civil Service employee, but City Manager Parker advised that the Civil Service Rules were never amended. With the defeat of the previous Ordinance, all department heads, including the Assistant City Manager are Civil Service employees. ' Mayor Harmening asked the Commissioners whether or not they wished to revisit this issue since he had no intention of ever having an Assistant City Manager as a member of Civil Service. City Manager Parker advised that all of the past Assistant City Managers, with the exception of herself have been Civil Service employees. ' Mayor Harmening stated he is not in favor of Mr. Sugerman being a Civil Service employee, or having any future Assistant City Manager in the Civil Service system. Commissioner Katz pointed out that Mr. Sugerman will be on probation for a one- year period. City Manager Parker reminded the Commissioners that, as part of the reorganiza- tion, Mr. Sugerman will also serve as Personnel Director. That position is also a Civil Service employee. Mayor Harmening said he is not in favor of that aspect either. A consensus of the Commission could not be reached to revisit the issue. Vice Mayor Matson referred back to Proposed Resolution No. R94-148. She requested the spelling of the names "Glidden" and "Buffan" be corrected in Section #1 of the Resolution. Attorney Cherof and City Clerk Sue Kruse con- firmed that the spelling had already been corrected on the original Resolution. e Proposed Resolution No, R94-149 Re: Authorize execution of agreement between the City of Boynton Beach and Palm Beach County to provide for implementation of activities regarding the Community Development Block Grant Program Attorney Cherof read Proposed Resolution No. R94-149 by title only. Motion Commissioner Katz moved approval of Proposed Resolution No. R94-149. Mayor Pro Tem Bradley seconded the motion. - 19- NINUTES - REGULAR CITY CONHIS$ION NEETING BOYNTOH BEACH, FLORIDA SEPTEHBER 9, 1994 Mayor Harmening inquired as to how the City will repay this. City Manager Parker said this will come out of the Community Improvement Fund. The City had two impacts in the Community Improvement Fund. Because we had pledged the money for the Downtown Development Grant, that money did not go in as a revenue. In order to balance.~he budget,~one Administrative Assistant was laid off and we did a loan from ~he CDBG for the salary funds. This item is the loan on the salary funds. In response to Mayor Harmening's question regarding the Community Improvement Fund for next year, City Manager Parker said the CDBG program will be revised. We have dollars allocated for the next two years. We can pay salaries out of CDBG. That has never been done bef6re. We can revise that for the 1995/96 fiscal year. ~ The motion carried unanimously. e Proposed Resolution No, R94-150 Re: Authorize execution of agreement between the City of Boynton Beach and the Boynton Beach Association of Firefighters, Local 1891, I.A.F.F. This item was deleted by Attorney Cherof during the Agenda Approval. D. Other 1. Release of Lien - Chuckwagon Saloon and Restaurant Attorney Cherof referred to his memorandum to City Manager Parker dated September 2, 1994, which was provided to the Commissioners. Notion Mayor Pro Tem Bradley moved to authorize the Mayor and City Clerk to sign a Release of Lien. Commissioner Katz seconded the motion. In response to a question from Commissioner Katz, Attorney Cherof explained that this is a title issue with respect to the property. He has no idea what the property will be used for. The motion carried 4-0. 2. Settlement of Claim for Harvey Cain As outlined in Risk Management Memorandum No. 94-042 dated September 1, 1994 to City Manager Parker, the City's claims administrators, Sewell, Todd and Broxton, Inc., recommend ratification of this bodily injury claim in the amount of $12,500. This is the result of an accident which occurred on July 6, 1992. Wilfred Hawkins, Assistant to the City Manager, said this settlement is below what a possible court settlement could have been. ,NOtion Mayor Pro Tem Bradley moved to approve the settlement claim for Harvey Cain in the amount of $12,500. Vice Mayor Matson seconded the motion, which carried unanimously. - 20 - MINUTES - REGULAR CITY COMMZS$ION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1994 3. Approval of $$0,000 Park Fee for Woolbrlght Place PUD This issue surfaced at the last City Commission meeting. There was a debate with respect to the $60,000 park fee. The September 9, 1994 letter from Howard R. Scharlin to Attorney Cherof expresses the intent of the property owners to pay the $60,000 either at the time of issuance of the first building permit or by January 10, 1995, whichever comes first. ' Attorney Cherof recommended that the City respond to this letter indicating that the acknowledgement of liability and agreement to pay is approved. Motlon Commissioner Katz moved to approve. Mayor Pro Tem Bradley seconded the motion, which carried unanimously. XI. UNFINISHED BUSINESS: Ae Authorization for N~yor Pro Tem Matt Bradley, Commissioner David Katz and Ctty Manager Carrie Parker to speak on behalf of the City In favor of the City's grant application for the Hlstorlc Elementary $choo1 on September 12, 1994 tn Tattahassee Mayor Pro Tem Bradley advised that he removed his name from this list since he is not certain it was necessary for him to attend. He pointed out that the social hour is the time when promotion takes place. City staff will be missing that social hour. City Manager Parker explained the procedure. The City received approval to be moved up on the agenda to Monday, September 12th. No lengthy presentations are permitted. Vice Mayor Matson inquired as to whether or not everyone who attends is per- mitted to speak. City Manager Parker responded negatively and stated that if the Commission has questions, the applicant is permitted time to respond. Commissioner Katz pointed out that Commissioner Aguila served as a lobbyist and was successful, and he feels we should show the City's support by attending. Mayor Pro Tem Bradley said he was advised by Commissioner Aguila that the social hour was the time to talk to the people associated with the Historic Grants. Other than that time, there is very little opportunity to speak to anyone. For that reason, Mayor Pro Tem Bradley felt the City Manager would be the perfect representative from the City. In Vice Mayor Matson's opinion, the City Manager is quite capable of attending and making the presentation by herself. Mayor Harmening said this Old School will cost the City several fortunes over the years in upkeep and maintenance. Further, there was to be $300,000 in matching funds from the Historic Society. He asked for a status report on the matching money. - 21 - NINUTES - REGULAR CITY CONNIS$IOH NEETIHG BOYNTON BEACH, FLORZDA SEPTENBER 9, 1994 City Manager Parker advised that a professional fund raiser has been hired, but she is not aware of the status. She heard there was a $30,000 donation of some property to be auctioned. Mayor Harmening said he would not be in favor of this project even if they come up with the $300,000 because it will be a flop and will probably cost the City $150,000 a year in operation and maintenance of the building. He does not believe that there has ever been a children's museum which has supported itself. He is not in favor of having to pay $150,000 every year for the upkeep of the building. Commissioner Katz feels the City deserves to get a fair shake from the State. Further, there are four Commissioners who are in favor of getting the money for the school. He feels it is important to show support for the project. He pointed out that Mayor Harmening, Vice Mayor Matson and Mayor Pro Tem Bradley attended the Florida League of Cities Convention and received a wealth of infor- mation, but no money. He was curious why there was opposition to his going to Tallahassee to try to get money. He felt that if he was willing to take time away from his family and work to go to Tallahassee, he should be afforded that opportunity. Mayor Pro Tem Bradley said he is not opposed to Commissioner Katz going to Tallahassee if he feels a benefit will be derived from his attendance. He did not feel it was necessary for two Commissioners to go, and that is why he withdrew his name. Vice Mayor Matson felt a Resolution, signed by the Commissioners, should be sent to Tallahassee with the City Manager. She pointed out that Commissioner Katz had the opportunity of attending the Florida League of Cities Convention where networking was possible and useful information could have been brought back to everyone on how the City could secure hundreds of thousands of dollars in grant funds. Commissioner Katz chose not to attend. She further pointed out that the reason the Vice Mayor attended last year is that the Mayor did not want to go. She stated that if the Mayor does not want to attend, the Vice Mayor can attend; however, she chooses not to waste the City's money by going for one day when she will not be able to speak. She feels her presence can be felt with a Resolution and the City Manager is capable of representing the City. Mayor Harmening questioned whether or not we have gotten the permit for the park. City Manager Parker said she contacted the DEP today. Both of the staff people dealing with our permit were not in, and she was unable to get an answer. Notion Mayor Pro Tem Bradley moved that the City Manager and Commissioner Katz go to Tallahassee to represent our fine City in the grants hearing. Commissioner Katz seconded the motiOn, which failed 2-2. {Mayor Harmening and Vice Mayor Matson cast the dissenting votes.) B. Satellite dish request for Code change requested by Chris DeLlso Mayor Harmening advised that this gentleman is in violation of the Code and has- been cited for having a satellite dish attached to his house. He is requesting a Code change to allow this. In the past, people have been cited and have removed them. - 22 - NIHUTES - REGULAR CITY COMMISSION NEETING BOYNTON BEACH, FLORIDA SEPTENBER 9, 1994 At this point, City Manager Parker requested clarification on whether or not she was supposed to go to Tallahassee for the grants hearing. Mayor Harmening said she was not authorized to attend since the motion failed. Vice Mayor Matson stated that is not how she understood the motion. Mayor Pro Tem Bradley requested readdressing the issue. Notion Mayor Pro Tem Bradley moved to send the City Manager to Tallahassee with a Resolution to represent the City in the grant proposal. City Manager Parker said there is already a Resolution which the City adopted three or four months ago. Vice Mayor Matson seconded the motion. The motion carried 3-1. {Mayor Harmening cast the dissenting vote.} The Commission returned to the agenda item. Chris OeLl$o presented pictures for viewing by the Commission. The photos depicted the satellite dish. He stated he is not the only person who is affected by this Code. Since January, sixteen {16} people have been cited for the same Code violation. Mr. DeLiso questioned whether or not there is a dif- ferent Ordinance for commercial properties compared to residential properties. Attorney Cherof responded negatively. Mr. DeLiso then questioned why a sports bar can have satellite dishes attached exactly like his. He also pointed out that the sports bar in Oakwood Plaza has satellite dishes on top of the roof, which is also in violation of the Code. He provided photos of other residences within the City having satellite dishes. Attorney Cherof advised that the requirements for the satellite dishes are zoning related so that properties in commercial zoning districts are treated differently. There are special provisions set forth in the Ordinance to deal with them as opposed to residential districts. Under the zoning code, proper- ties in residential districts are treated differently with respect to setback requirements, height, configuration of the property, landscaping. Satellite dishes is another category that is distinguishable to the two zoning districts. Mr. DeLiso said his satellite is covered on the east and west sides of the house in addition to the front of the house being somewhat covered. He provided a photo. He feels there is too much selective enforcement in the City. He asked for mercy from the Commission in this situation. It was pointed out that the residence depicted in one of the photos submitted by Mr. DeLiso has been cited by Code Enforcement. Mr. DeLiso requested consideration in changing the Ordinance since there are others in the City affected. He also pointed out that people are unaware of the fact that a permit is required. He said people are charged four times the amount of fees for putting up their own satellite dishes. He said he was unaware that a permit was required. - 23 - HINUTES - REGULAR CITY COH#ISSION MEETING BOYNTON BEACH, FLORIDA SEPTEHBER 9, 1994 Mayor Harmening pointed out that Mr. DeLiso has been a code and law enforcement officer for eleven years. Mr. DeLiso said he was aware the City of Riviera Beach has a Code in this regard, but did not know the City of Boynton Beach had a Code. Mayor Harmening felt that Mr. DeLiso could have assumed that other cities have a similar Code. Mr. DeLiso agreed with that statement. In response to Mayor Harmening's question, Mr. Blasie advised that the City has had residents remove approximately 50% of the satellite dishes which have been cited. Many people do not have the room in their backyards for the dish. Mr. Blasie stated there is also a problem with contractors installing satellite dishes without permits Commissioner Katz pointed out that there are two issues here. First of all, Mr. DeLiso is in violation because he did not obtain a permit. The second part of this deals with the logic behind not allowing a resident to attach the dish to the back of his home. Mr. Blasie said he spoke with the Building Official today. There are no building code stipulations which say mounting the dish to the side of the house is not sufficient. Mr. Blasie feels this citation pro- bably had to do with aesthetics. Commissioner Katz feels there is a big difference between mounting it on the side of the house where it might be seen from the street, as opposed to the back of the house, where it might not be visible from the street. Mr. Blasie said that when the Code was adopted, there was a requirement that when it is attached to the side of the house, it must go a certain distance above the roof in order for it to swing. Commissioner Katz questioned whether or not there is any importance in citing people for attaching it to the rear. Mayor Harmening inquired whether or not Mr. DeLiso has any room in the backyard to install the satellite dish. Mr. DeLiso responded negatively. Mr. Blasie said there is room, but Mr. DeLiso would have to remove one or two trees. Commissioner Katz would like to revisit the part of the Ordinance which does not allow attaching the satellite dish to the rear of the house (on the side of the house like Mr. DeLiso has it). The fact that he needs a permit still stands. Mr. DeLiso said that had he applied for a permit, the permit would have been denied because of the way the dish is presently installed. It would have been a waste of $35. He will apply for a permit tomorrow if the dish can be approved as it now stands. In response to Vice Mayor Matson's question, Mr. Blasie said many people do not get permits because of the cost of sealed engineering drawings. City Manager Parker advised that if the Commission wished to delete the one word from the Ordinance, it could be brought back for first reading at the next meeting. Mayor Pro Tem Bradley feels it is important to understand why the Code does not suggest attaching these items to the house. It appears that it would be more secure, but a lot more unsightly if attached at the side. It appeared to him - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1994 that it would make more sense to attach it to the house and screen it on three sides. Mayor Harmening said it would be difficult to screen it on three sides unless a great deal of money is spent on very mature trees. He further pointed out that if the City allows these dishes to be mounted to the house, people will begin to mount them any way. Mayor Pro Tem Bradley suggested getting an opinion from the Building Official. Commissioner Katz does not feel attaching it only to the rear is sufficient, but Mr. DeLiso's dish is anchored in the ground. Mayor Harmening stated that if this is determined to be okay, we would have to require engineered drawings on how it is to be constructed in all respects. Commissioner Katz questioned whether or not the Commission could request a suspension of enforcement of that portion of the Ordinance until this can be worked out. Attorney Cherof stated that the Code Enforcement Board generally abates items to give people an opportunity to seek relief from the Commission. Mr. Blasie said this case has not gone before the Code Enforcement Board yet. Attorney Cherof believes they will abate this for a period of time as long as there is an active issue before the Commission. Commissioner Katz recommended holding this for four weeks. Mayor Harmening said the Code Enforcement Officer can hold this administratively and not bring it before the Board. Attorney Cherof confirmed that no motion was necessary in this regard. Mr. Blasie said there are other similar cases which have been before the Code Enforcement Board and been adjudicated. Mayor Harmening pointed out that this is "opening up a can of worms". Mr. Blasie said sixteen {16} cases have been cited this year. Motion Commissioner Katz moved to hold this case in abeyance for four weeks and any others which are similar. Mayor Pro Tem Bradley seconded the motion, which carried 3-1. {Mayor Harmening cast the dissenting vote.) XII. CITY MANAGER'S REPORT None XIII. OTHER None XIV. ADJOURNMENT There being no further business to come before the City Commission, the meeting properly adjourned at 9:50 p.m. - 25 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1994 ATTEST: Ci t3~/C1 erk {.j~cordi ng Secretary (Four Tapes) THE CITY OF BOYNTON BEACH Mayor Vi ce Mayor ,~ Tem ro ommi ss i oner f xV~J Commissioner - 26 - III. AGENDA SEPTEMBER 9, 1994 CONSENT AGENDA D cc: Fin, Rec, Util 1. ADVANCED DATA PROCESSING, INC .......................... $8,886.82 P.O. 5694. INSURANCE BILLING AND COLLECTIONS FOR A.L.S. CALLS. PAY FROM GENERAL FUND -- 001-221-5-468-00 AMERICAN LIGHTING & SUPPLY CO., INC ................... $5,104.20 P.O. 7852, 7851. UPGRADE LIFT STATIONS 608, 207. PAY FROM W &S UTILITY FUND -- 421-000-0-691-21 e AUSTIN TUPPLER TRUCKING, INC ............................ $1,241.00 P.O. 6608. SHELLROCK. PAY FROM W & S REV. FUND -- 401-351-5-430-06 P.O. 6246. LANDSCAPE MAINTENANCE SERVICE PAY FROM GENERAL FUND. -- 001-722-5-430-1 BARNETT BANKS TRUST COMPANY ......................... $21,260.88 CUSTODIAL AND MANAGEMENT FEES FOR THE QUARTER ENDING 6/30/94 FOR THE GENERAL EMPLOYEES' PENSION FUND. PAY FROM RETIREMENT TRUST FUND -- 611-137-5-225-00 P.O. 7694. COMPUTER PAPER. PAY FROM WAREHOUSE FUND -- 502-000-0-410-10 SERVICE AGREEMENT RENEWAL FOR MICROFILM CAMERA 9/22/94 TO 9/22/95. PAY FROM GENERAL FUND -- 001-000-0-550-30 BILLING, COCHRAN, HEATH, LYLES & MAURO, PA LEGAL FEES AND EXPENSES: FINIZIO VS. CITY PAY FROM SELF INSURANCE FUND -- 622-195-5-468-00 ........... $3,642.29 BOARD OF COUNTY COMMISSIONERS ....................... $1,200.00 TRAINING FOR CITY EMPLOYEES, ADA COMPLIANCE PAY FROM GENERAL FUND -- 001-135-5-470-10 COMMISSION SEP 9 ~94 APPROVAL 10. BOARD OF COUNTY COMMISSIONERS ....................... $1,400.00 PAYMENT #5 - UTILITY REIMBURSEMENT AGREEMENT OLD BOYNTON RD FROM MILITARY TO KNUTH RD PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 11. 12. 13. 14. 15. 16. 17. 18. BUDGET FENCE COMPANY .................................. $1,300.00 P.O. 7823. FENCE RELOCATION PAY FROM W AND S REV FUND - 401-352-5-499-00 CH2M HILL ................................................. $12,795.69 ENGINEERING INSPECTIONS/SERVICES PAY FROM 1990 CONST FUND -- 409-000-0690-10 CENTER FOR FAMILY SERVICES ............................ $4,190.46 EMPLOYEE ASSISTANCE PROGRAM FOR JULY, AUGUST AND SEPTEMBER. PAY FROM GENERAL FUND -- 001-135-5-482-00 CHEMICAL LIME ............................................ $6,807.66 P.O. 5718. LIME FOR CHEMICAL SOFTENING PAY FROM W & S REV. FUND -- 401-335-5-365-00 COASTAL FUELS MARKETING, INC ........................... $4,203.80 P.O. 5766. FUEL FOR CITY VEHICLES PAY FROM VEH. SERVICE FUND -- 501-193-5-321-00 CONGRESS MIDDLE SCHOOL ................................ $8,076.00 SCHOOL BUS USAGE FOR SUMMER CAMPS PAY FROM REC SPECIAL REV FUND -- 472-721-5-384-00 DADE PAPER CO ............................................. $1,821.00 P.O. 5686. RESTOCK JANITORIAL SUPPLIES - JUMBO ROLLS PAPER TOWELS. PAY FROM WAREHOUSE FUND -- 502-000-0-410-11 DATA FLOW SYSTEMS, INC .................................. $38,025.00 P.O. 6457. PAYMENT # 2 FOR TELEMETRY UNITS, RADIO EQUIPMENT - INSTALLATION PAY FROM W & S UTILITY FUND -- 421-000-691-21 COMMISSI SEP 9 1994 APPROVAL ON 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. DAVIS HAMILTON JACKSON & ASSOCIATES ................. $18,420.23 MANAGEMENT FEES FOR THE QUARTER ENDING 6/30/94 FOR THE GEN. EMPLOYEES' PENSION FUND PAY FROM RET. TRUST FUND -- 611-137-5-225-00 DELRAY FIRE EXTINGUISHER SERVICE, INC .................. $1,284.27 P.O. 6561. EQUIPMENT REPAIR AND INSPECTION PAY FROM GENERAL FUND -- 001-221-5-416-00 EASY PAY TIRE STORE ...................................... $2,946.56 P.O. 5563. VEHICLE MERCHANDISE/STOCK PAY FROM WAREHOUSE FUND -- 502-000-0-410-1 ELECTRICITY, INC ........................................... $4,000.00 P.O. 7736. INSTALL EMERGENCY MANAGE SYSTEM FOR IRRIGATION PUMP STATION CONTROL PAY FROM GOLF COURSE REV. FUND -- 411-726-5-680-09 EVERGLADES LABORATORIES, INC .......................... $4,500.00 ANALYSIS OF BOYNTON BEACH LANDFILL PAY FROM SANITATION FUND -- 431-341-5-490-06 G.S. EDWARDS .............................................. $10,490.00 P.O. 7159. ANNUAL INSPECTION, TEST AND MAINTENANCE OF FIRE ALARM AND DETECTION EQUIPMENT AT PUBLIC WORKS, FIRE STATIONS #1, #3 AND CITY HALL PAY FROM GENERAL FUND -- 001-192-5-499-00 FOOT-JOY DRAWER CS ...................................... $2,870.58 P.O. 7831. GOLF SHOES, GLOVES, SOCKS PAY FROM GOLF COURSE REV. FUND -- 411-000-0-420-10 GOLF ASSOCIATES SCOREBOARD COMPANY ................. $2,325.00 P.O. 6652. GOLF COURSE SUPPLIES - SCORECARDS PAY FROM GOLF COURSE REV. FUND -- 411-725-5-472-00 GRAYBAR ELECTRIC COMPANY, INC ......................... $1,037.74 P.O. 7424. LIGHTNING REPAIR'OF WELL #1W PAY FROM SELF INSURANCE FUND -- 622-195-5-440-01 HARRELL'S, INC $3,033 13 P.O. 7688. FERTILIZER FOR GREENS PAY FROM GOLF COURSE REV. FUND -- 411-726-5-366-00 CC1~¥~ M ~SSi 0N SEP 9 199,~ APPROVAL 29. 30. HECTOR TURF .............................................. $1,422.00 P.O. 6621. EQUIPMENT REPAIR PAY FROM GOLF COURSE REV. FUND -- 411-726-5-390-02 HORIZON AIR CONDITIONING, INC ........................... $3,480.00 P.O. 7510. INSTALL A/C EQUIPMENT FOR DATA PROCESSING COMPUTER ROOM. PAY FROM GENERAL FUND -- 001-192-5-629-00 31. INSIGHT COMPUTERS ....................................... $1,765.00 P.O. 7682. COMPUTER SYSTEM PROTECTION. PAY FROM 1990 CONSTRUCTION -- 409-000-0-690-10, 409-000-0-691-10 32. 33. 34. 35. 36. 37. 38. INSURANCE SERVICING & ADJUSTING COMPANY ............ $2,510.00 WORKERS' COMP CLAIMS ADMINISTRATION FEES FOR 7/94 PAY FROM SELF INSURANCE FUND - 622-195-5-447-00 JONES CHEMICALS, INC ....................................... $1,995.00 P.O. 5654. CHLORINE ' PAY FROM WATER & SEWER REV FUND - 401-335-5-363-00 KLAUSNER & COHEN, PA .................................... $1,125.00 PROFESSIONAL SERVICES RENDERED FOR APRIL, MAY AND JUNE 1994. PAY FROM FIREMEN'S PENSION FUND - 613-139-5-468-00 LANKER ENGINEERING SERVICES ........................... $1,010.58 PLAN REVIEWER CONSULTANT FEES. PAY FROM GENERAL FUND - 001-151-5-462-00 LARUE PLANNING AND MANAGEMENT SERVICES ............ $3,675.00 MANAGEMENT ASSISTANCE AGREEMENT PAY FROM GENERAL FUND -- 001-121-5-468-00 LAWSON, NOBLE & ASSOCIATES, INC ......................... $1,997.50 PROFESSIONAL SERVICES FROM 6/23/94 TO 7/22/94 PAY FROM WATER & SEWER REV FUND - 401-392-5-463-00 LEAHCHEM IND., INC ........................................ $1,890.00 P.O. 5538. POLYMER. PAY FROM WATER & SEWER REV FUND - 401-335-5-365-00 COMMiSSiON SEP 9 I~94 APPR, OVAL 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. METZGER, SONNEBORN & RUTTER, PA ...................... $5,337.47 LEGAL FEES AND EXPENSES: BLACKMON VS. CITY - $4,926.69, MILLER VS, CITY - $410.78 PAY FROM SELF INSURANCE FUND -- 622-195-5-468-00 MILNER DOCUMENT PRODUCTS ............................. $1,600.00 ANNUAL SERVICE AGREEMENT, 10/01/94 - 10/01/95 PAY FROM GENERAL FUND - 001-000-0-550-30 MOYLE, FLANIGAN, KATZ, FITGERALD, SHEEHAN, PA ....... $11,213.87 LEGAL FEES AND EXPENSES: FINIZIO VS CITY PAY FROM SELF INSURANCE FUND -- 622-195-5-468-0 NEIGHBORHOOD FAMILY DOCTOR .......................... $2,993.00 PRE-EMPLOYMENT PHYSICALS AND POLICE ANNUALS PAY FROM GENERAL FUND - 001-135-5-460-01 NORTHERN PALM BEACH COUNTY WATER CONTROL DIST NPDES 5-YEAR PERMIT - WATER QUALITY MONITORING PAYMENT #11 (1/2 OF ITEM B/INTERLOCAL AGREEMENT PAY FROM STORM WATERS UTILITY FUND - 425-000-0-692-10 .. $1,308.33 PEROXIDATION SYSTEMS ................................... $5,227.50 P.O. 5582. HYDROGEN PEROXIDE. PAY FROM WATER & SEWER REV FUND PITTMAN PAINTING ......................................... $1,450.00 P.O. 7186. LIME SLAKERS MAINTENANCE PAY FROM WATER & SEWER REV FUND -- 401-335-499-00 THE POOLE AND KENT COMPANY ......................... $275,000.00 P.O. 858. PERIODIC ESTIMATE #25 WASTE WATER TRESTMENT PLANT, CONTRACT II PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 RIGGS CONCRETE SERVICE, INC ............................. $2,880.00 P.O. 7419. BOAT CLUB PARK REPAIRS PAY FROM PUB. SERV. TAX --~301-190-5-630-10, $1,380. PAY FROM GENERAL FUND -- 001 - 192-5-499-00, $1,500. RITZ SAFETY EQUIPMENT, INC ............................... $1,495.00 P.O. 5626. SAFETY EQUIPMENT PAY FROM WAREHOUSE FUND -- 502-000-0-410-15 COMMISSION SEP 9 ~9~ APPROVAL 49. 50. 51. 52. 53. 54. 55. ROBERTS & REYNOLDS ..................................... $30,763.39 LEG. FEES AND EXP: BLACKMON VS CITY - $11,604.64, BLOM VS CITY - $3,156.01, ROUSSEAU VS CITY - 1,727.13, HOBECK VS CITY - $4,147.74, MILLER VS CITY - $10,127.87. PAY FROM SELF INSURANCE FUND -- 622-196-5-468-00 ROLM COMPANY ............................................ $5,023.68 P.O. 6628. PHONE SWITCH MAINTENANCE/SERVICE CONTRACT PAY FROM GENERAL FUND -- 00t-197-5-430-21 ROWLAND EQUIPMENT, INC ................................ $45,404.20 P.O. 7441. NEW VEHICLE PAY FROM VEHICLE SERVICE FUND -- 501-193-5-688-00 SERVICEMASTER ............................................ $3,154.10 SUMER FOOD PROGRAM AT WILSON CENTER PAY FROM GENERAL FUND OO1-000-0-158-90 SHANNON CHEMICALCORPORATION ........................ $7,500.00 P.O. 5638. POLYPHOSPHATE PAY FROM WATER & SEWER REVENUE FUND -- 401-335-5-365-00 SOUTH CENTRAL REGIONAL WATER TREATMENT AND DISPOSAL BOARD .......................................... $16,743.66 EMERGENCY EQUIPMENT PAY FROM UTILITY GENERAL FUND -- 403-000-0691-22 PAY FROM UTILITY CAP. IMP. FUND -- 404-000-0-691-20 SOUTHEASTERN PUMP COMPANY .......................... $16,248.00 P.O. 7685. PUMP REPLACEMENT PAY FROM WATER & SEWER REV FUND -- 401-352-5-433-03 56. 57. SOUTHLAND EQUIPMENT CORPORATION ................... $31,308.00 P.O. 6908. CONVERT FRONT LOADING GARBAGE COMPACTION UNIT PAY FROM VEHICLE SERVICE FUND -- 501-193-5-688-00 SPRINT NORTH SUPPLY ...................................... $1,575.20 P.O. 7847. REPLACE DATA LINE/PHONE COILS PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 corvIM SSiON SEP 9 I§94 APPROVA~ 58. 59. STANLEY CONSULTANTS, INC ............................... $38,095.02 CONSTRUCTION MANAGEMENT SERVICES, DACS PHASE II, III & IV PROCESS CONTROL, LIFT STATION 801 BID ADMIN. PAY FROM 1990 CONST. FUND -- 409-000-0-690-10, $30,023.02 409-000-0-691-10, $6,072.00, W & S UTILITY REV FUND -- 421-000-0-691-21, $2,000.00 STERLING PRINTING ........................................ $3,748.02 P.O. 7391. DEPT. RECEIPTS/BEACH DECALS PAY FROM GENERAL FUND -- 001-132-5-472-00,001-132-5-472-00 PAY FROM WATER DEPOSITOR'S FUND -- 401-393-5-312-00 60. 61. 62. 63. 64. 65. Added 66. 67. SYSTEM SOLUTIONS ......................................... $4,400.00 P.O. 5656. ANTISCALANT PAY FROM WATER & SEWER FUND -- 401-335-5-365-00 TARE LANDSCAPING ........................................ $7,192.00 P.O. 6781. LANDSCAPE MAINTENANCE PAY FROM GENERAL FUND -- 001-722-5-430-15 TRANE SERVICE ............................................. $4,018.81 P.O. 5642. A/C SERVICE CONTRACT PAY FROM GENERAL FUND -- 001-192-5-435-00 UNDERWATER UNLIMITED DIVING SERVICES INC ............ $3,000.00 P.O. 7856. MANHOLE REPAIRS - HUNTERS RUN PAY FROM WATER & SEWER UTIL REV FUND -- 421-000-0-691-21 UNITED HORTICULTURAL SUPPLY ........................... $4,091.00 P.O. 5671. PESTICIDE PAY FROM GOLF COURSE REVENUE FUND -- 411-726-6-361-00 UNIVERSAL ENGINEERING SCIENCES, INC .................... $1,430.00 P.O. 7606. TANK TEST CONTRACT PAY FROM PUBLIC SERVICE CONTSTRUCTION -- 301-394-5-629-10 to Agenda... JOHNSON DAVIS PAYMENT #2 FOR THE STORM DRAINAGE PROJECT AT COSTA BELLA. PAY FROM PUBLIC SERVICE TAX CONST.--301-411-5-630-21 $2,517.07 CUSTOM T-SHIRTS, INC. P.O. 5685. VARIOUS TSHIRTS FOR STOCK AT THE PAY FROM WAREHOUSE FUND---502-000-0-410-13 WAREHOUSE. $1,497.00 COMMiSSiON SEP 9 199,~ APPROVAL THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT. G~IRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER COMMi, SSIOk SEP 9 199,~ APPROVAL