Loading...
Minutes 08-02-94 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 2, 1994, AT 6:30 P,N, 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 - Mayor Edward Harmenlng B. Invocation - Pastor Conrad Braat~k~ Ascension Lutheran Church C. Pledge of Allegiance to the Flag led by Conelssioner Jose Agutla Mayor Harmening called the meeting to order at 6:30 p.m. Pastor Braaten offered the invocation, followed by the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Pro Tem Bradley requested Item D, Comments on the City of Boca Raton Planning Session, be added to tX-New Business. Vice Mayor Matson requested Item A.2, Alcohol/Open Container Ordinance, be added to IX-New Business. City Manager Parker added an invoice for Robert H. Miller in the amount of $13,000 for Mangrove Park, under Approval of Bills. City Attorney Cherof added Item C.3, Resolution Releasing a Temporary Construction Easement for Boynton Nurseries, under X-Legal. 2. Adoption Vice Mayor Matson moved to approve the agenda as amended. Commissioner Katz seconded the motion, which carried 4-0. (Commissioner Aguila had not yet arrived.) II. ADMINISTRATIVE: A. Accept resignation from Pamela Winters, Regular, Advlsory Board on Children & Youth Vice Mayor Matson moved to accept the resignation. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. (Commissioner Aguila had not yet arrived.) -1- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1994 B. Appointments to be made: Appointment To Be Made Board Reg/ Length of Term Alt Expiration Date II Bradley Education Advisory Bd. Alt Term expires 4/95 TABLED II Bradley Board of Adjustment Alt 2 yr term to 4/96 TABLED III Aguila Cemetery Board Alt 1 yr term to 4/95 TABLED II Bradley Children & Youth Advisory Alt 1 yr term to 4/95 TABLED Mayor Harmening Nuisance Abatement Board Alt 2 yr term to 4/96 TABLED II Bradley Education Advisory Board Alt Term expires 4/95 TABLED III Aguila Education Advisory Board Reg 2 yr term to 4/96 TABLED IV Matson Children & Youth Advisory Reg Term expires 4/95 TABLED I Katz Con~nunity Redevel. Advisory Reg IV Matson Children & Youth Advisory Reg Term expires 4/96 Notton Commissioner Katz moved to remove all tabled appointments from the table. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. {Commissioner Aguila had not yet arrived.} Mayor Pro Tem Bradley tabled his Alternate appointment to the Education Advisory Board. Mayor Pro Tem Bradley tabled his Alternate appointment to the Board of Adjustment. Commissioner Aguila's Alternate appointment to.the Cemetery Board was tabled in his absence. Mayor Pro Tem Bradley tabled his Alternate appointment to the Advisory Board on Children and Youth. Mayor Harmening tabled his Alternate appointment to the Nuisance Abatement Board. Mayor Pro Tem Bradley tabled his Alternate appointment to the Education Advisory Board. Commissioner Aguila's Regular appointment to the Education Advisory Board was tabled in his absence. Vice Mayor Matson tabled her Regular appointment to the Advisory Board on Children and Youth. Commissioner Katz advised that he had an appointment for the Community Redevelopment Advisory Board, but he questioned the length of the term. City Attorney Cherof confirmed that the appointment would be for one year. Commis- -2- MINUTES - REGULAR CITY CONliIS$IOH MEETING BOYHTOH BEACH, FLORIDA AUGUST 2, 1994 sioner Katz appointed Jeanne Heavtlin as a Regular member of the Community Redevelopment Advisory Board, without objection. Vice Mayor Matson appointed Denise Panton as a Regular member of the Advisory Board on Children and Youth, without objection. C. Award of Banking services to Barnett Bank for the three-year period October l, lgg4 to September 30, Igg? Notion Mayor Pro Tem Bradley moved to approve. Vice Mayor Matson seconded the motion. Commissioner Katz questioned the amount of excess funds the City must leave on deposit and the reason for leaving those funds on deposit. Grady Swann, Finance Director, explained that the Compensating Balance of $668,359.$7 is left on deposit to pay for the bank services. This allows the bank to earn the amount of money the City would have to pay in banking costs on a monthly basis. The motion carried 4-0, (Commissioner Aguila had not yet arrived.) D. Write off of accounts receivable (water and sewer} As outlined in Finance Memorandum No. 94-069, dated July 28, 1994 from Grady Swann, Finance Director to Carrie Parker, City Manager, it is recommended that these accounts be turned over to the collection agency. The total amount to be written off is $22,438. Motion Mayor Pro Tam Bradley moved to write off the accounts receivable. Commissioner Katz seconded the motion. Commissioner Katz asked for clarification on how some of the business accounts grew to such large amounts. Vice Mayor Matson said she has been told that when the invoices come back to the City, they are thrown in the garbage. Mr. Swann said most of the businesses close up, leave the City, and there is no way to collect. The City bills for a few months before it writes off the account. In response to Commissioner Katz, City Manager Parker said the security deposit is a percentage of the average bill. He recommended increasing the percentages to secure a larger deposit. City Manager Parker advised that some of the accounts involve eight-yard dumpsters which are pulled tw)Ce a week. That could result in a $1,000 a month bill. The City allows forty-five days past the second month to pay the bill; therefore, it is almost a three and one-half month bill by the time it gets to the quarterly write off. -3- HINUTES - REGULAR CITY COHHI$SION HEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1994 Commissioner Katz suggested shortening the length of time the City waits in addition to increasing the security deposit. Mayor Harmening said a similar discussion took place at the time of the last write off. He does not feel this time period is unreasonable. Vice Mayor Matson asked that the Commission be provided with information on how much of the last accounts receivable write off was collected from the collection agency. If it is not a large amount, the City should either begin looking for another collection agency, or come up with another system. Mr. Swann said the City turned over $69,000, and they collected just short of $5,000. He pointed out that the City has never had much luck with any collection agency being able to collect. This particular collection agency is at 22%, which is 11% under any other agency Mr. Swann has worked with. Mayor Pro Tem Bradley requested information from other municipalities regarding the type of systems they use and the amounts of their security deposits. He feels Commissioner Katz' idea should be further investigated. Consensus There was a consensus of the Commission to direct the City Manager to bring back some numbers from comparable towns for water, sewer and trash. This information should include the amounts due and their success rate with the collection agencies. Commissioner Katz also requested the forty-five day time period be investigated to see if it can be shortened, and increasing the security deposit. City Manager Parker advised that although the figures appear high on a quarterly basis, it is not as bad as it seems since the City of Boynton Beach is at 1.5% of the total. Mayor Harmening asked that the information requested be brought back to the Commission for review and a decision. The motion carried 4-0. (Commissioner Aguila had not yet arrived.) E. Change Order No, 3, Western Waterproofing Cempany, for sloptng and waterprooflng of the walkwa~ roof for the additional cost of $1,980 Notion Commissioner Katz moved to approve. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. (Commissioner Aguila had not yet arrived.) Fe Change Order No, 2, Rockland Construction, for all labor, eqUipment and supplies used for completed work to remove and dispose of all the buried trees and trash on the site of Boynton Lakes Park and previ- ously approved by the City Commission In response to Commissioner Katz, Attorney Cherof said he would prefer not pur- sue Lennar since the cost of doing so would be equal to the possible recovery. -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1994 Motion Commissioner Katz moved to approve. Vice Mayor Matson seconded the motion. Vice Mayor Matson said there is a great deal of debris piled up which is attracting rodents. Children have begun using the playground equipment and she is fearful someone may be hurt by the debris or bitten by one of the rodents. Charles Frederick, Recreation and Parks Director, said Meadows Park will'be completed this week. Boynton Lakes Park should then be completed within the next two weeks. Mayor Harmening suggested removing the trash before the job is completed. Vice Mayor Matson also stated that she does not want the trash laying around for another week or two. City Manager Parker said the trash will be removed. The motion carried 4-0. (Commissioner Aguila had not yet arrived.) III. CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting Minutes of July 19, 1994 Mayor Harmening referred to Page 14 wherein the City Commission directed the City Manager to bring back the playgrounds at the next meeting. He did not see this item on the agenda. City Manager Parker apologized for not realizing that it was to be an agenda item at the next meeting. She thought it was going to be an agenda item as soon as they were able to meet, and bring something back to the Commission. City Manager Parker will take care of this at a subsequent meeting. Vice Mayor Matson asked that Page 21 be corrected to read, "The Chair, George Collins, was not successful in his reelection attempt. 2. Budget Workshop Meeting Minutes of July 25, 1994 Commissioner Katz asked that the last paragraph of Page 3 be changed to read, "...eighteen or twenty-five years...". Commissioner Katz said he never mentioned "Tomahawk" traps. He further stated that he assumed "Hav-a-hart" traps should be spelled "heart", not "hart". Mayor Harmening said there is a discrepancy on Page 12 which requires clarifica- tion. The minutes say, "The State requires a Building Official to be a cer- tified P.E. with a seal, and the current Building Official cannot obtain his P.E. certification in a short number of months." Mayor Harmening said there is no such requirement. Ms. Parker said the question was, "Are we required to have a Building Official", and she answered, "Yes, and the State requires that the Building Official be certified". -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTOM BEACH, FLORIDA AUGUST 2, 1994 Commissioner Katz said he made the comment that maybe we are combining-these departments under the wrong person. Ms. Parker responded that the current Building Official is not a certified engineer, so he could not run the Engineering Department. 3. Budget Workshop Meeting Ntnutes of July 26, 1994 Vice Mayor Matson requested the last sentence of the first paragraph on Page 13 be corrected to read, "Vice Mayor Matson suggested & week-long centennial celebration ending with the Fourth of Ouly and fireworks." Vice Mayor Matson requested a correction to the second sentence of the last paragraph on Page 15 to read, "Ms. Green said this is for Total Quality Manage- ment Training or TQM for the staff." B. Bids - Recon~nd Approval - All expenditures are approved in the 1993-94 Adopted Budget None C. Resolutions: Proposed Resolution No, R94-127 Re: Authorize execution of lease agreement between the City of Boynton Beach and Milner Document Products, Inc. for the lease of a Lanier 6755 copier for the West Wing 0 Proposed Resolution No, R94-128 Re: Authorize execution of Amendment No. 1 to Cooperative Agreement between the City of Boynton Beach and South Florida Water Management District to extend funding of $71,080 to February 15, 1995 for completion of the C-16 Linear Park D. Approval of Bills Mayor Harmening reminded the Commissioners of the addition of a bill in the amount of $13,000 to Robert H. Miller. Mayor Harmening referred to Page 5, Bill #36-Office Depot. He questioned how the damage to the laptop computer occurred. City Manager Parker clarified that this is a five-year old computer. The harddrive malfunctioned. Because of the age of the equipment, it was less expensive to replace it than to try to repair it. The parts are no longer available. It is a field computer. A copy of these bills is attached to the original set of these minutes on file in the City Clerk's Office. E. Approve request for refund on Cemetery Lot 87, Block D, 8oynton Beach Memorial Park As outlined in Memorandum No. 94-85 from Sue Kruse, City Clerk, to Carrie Parker, City Manager, Lester W. Ackley, Personal Representative of the Estate of Elizabeth D. Hanson, has requested this refund. -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1994 F. Approve budget transfer to provide funding for hurricane shutters at Fire Station #3 As outlined in Finance Memorandum No. 94-066, dated July 26, 1994, from Grady Swarm, Finance Director, to Carrie Parker, City Manager, authorization is requested to transfer $11,00D in funds from Account #301-221-5-973.00 to Account #301-194-5-629.23. G. Approve request for refund on Cemetery Lot 170, Block F, Boynton Beech Memorial Park As outlined in Memorandum No. 94-90 dated July 28, 1994, from Shannon Burkett, Deputy City Clerk, to Carrie Parker, City Manager, Helen L. Fellwock requests this refund. Motion Vice Mayor Matson moved to approve the Consent Agenda as amended. Commissioner Katz seconded the motion, which carried 4-0. (Commissioner Aguila had not yet arrived.) IV. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 1. First City Commission Meeting in September will be Friday, September 9, 1994, at $:30 p,m, Mayor Harmening made this announcement. 2. First Budget Public Hearing - September 13, 1994 - 6:00 p,m, Mayor Harmening made this announcement. B. Presentations: 1. Proclamations: a. Florida Water end Pollution Control Operators Week - August 15-19, 1994 Mayor Harmening read a Proclamation declaring the week of August 15-19, 1994, as Florida Water and Pollution Control Operators Week. He presented this Proclama- tion to Mr. Bob Kenyon of the Utilities Department. V. BIDS: Am Award bid to BLC Lawn & Maintenance for Local Manpower Maintenance Contract for the Martin Luther King Boulevard area in the amount of $10,140 Motion Vice Mayor Matson moved to approve. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. (Commissioner Aguila had not yet arrived.) -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1994 VI. PUBLIC HEARING: A. Finalization of bus routes for Boynton Beach-Transit Authority Tambri Heyden, Planning and Zoning Director, made the presentation. The City is planning two routes. They are the green and magenta routes. The green route originates at Boynton Lakes Plaza, which is a major scheduled bus stop. That bus will travel south to Gateway Boulevard to service the Shoppes of Boynton, Catalina Center, Boynton Beach Mall and Oakwood Plaza. It will travel into a residential area where it intersects with Seacrest Boulevard to service the Library and City Hall. It will continue north on Seacrest and ultimately will service Boynton Bay, Village Royale on the Green and the Tri-Rail Station. This route has a one hour headway. From the Tri-Rail Station, the route reverses and serves the same stops. The magenta route starts at the Boynton Beach Mall, which is a major scheduled stop. It travels south on Congress to service the Post Office, Boynton Plaza, and Leisureville Plaza. The bus will continue on to service two major Club- houses in Leisureville. It travels through Leisureville onto Golf Road to Bethesda Hospital, north on Seacrest Boulevard and over to service the shopping centers at Federal Highway and Woolbright Road. It will continue north on Federal Highway, crossing to Seacrest Boulevard to City Hall and the Library. It will travel Ocean Avenue to service Coastal Towers, and will terminate at Oceanfront Park. This route has a one-hour headway. It reverses and services the same stops. In response to a question from the audience, Ms. Heyden explained that the green route will stop at the Tri-Rail Station. The City is honoring Palm Beach County's CoTran system transfers. There is also an opportunity to transfer between the two City routes. The transfer fee is 20¢, and 10¢ for students and seniors over the age of sixty. Harr~Marcus asked if the bus route is anywhere near 500 South Federal Highway which is near Sterling Village. Ms. Heyden advised that the two City routes do not pass by Sterling Village, but that area is already serviced by CoTran. There will be an opportunity to transfer from one route to another. Commissioner Aguila arrived for the meeting at 7:05 p.m. Chester Colcord, Board of Directors of Palm Beach Letsurevtlle~ said he is happy that this bus system will stop at two Clubhouses in Leisureville. Betty Collins, Chairperson of the Senior Advisory Board~ thanked the Mayor, Commissioners and City Manager's Office for supporting the transportation system. The Board of Directors of Leisureville have requested that the busstop in Boynton Beach Leisurevilte at 18th Street below Woolbright and continue onto 18th Street and cross over Woolbright into Palm Beach Leisureville on 13th Avenue and continue down to 22nd Street and back to 18th. Mayor Harmening realized that the route would be more centered through Leisureville if it traveled 18th Street. Ms. Collins will provide a drawing to City Manager Parker. Commissioner Katz and Mayor Harmening agreed with Ms. Collins' suggestion. -8- N~NUTES - REGULAR CITY COHHZ$SZONNEET~NG BOYNTON BEACH, FLORIDA AUGUST 2, 1994 Elizabeth Oenklns~ 711NW !st ~treet~ asked whether or not the bus services any ~6-~ 6-~-E~ee"n Boyntoh'Be~h Boulevard and Gateway Boulevard north. She also questioned whether there are any services from the northwest side or the east/west side between Dixie Highway, Boynton Beach Boulevard and Gateway Boulevard. Ms. Heyden advised that the green route travels from City Hall north on Seacrest Boulevard to 16th Avenue, and then east to Boynton Bay. Vice Mayor Matson said the bus does a continuous loop. City Manager Parker stated that the bus will stop approximately every block or two if someone wishes to pick it up. Ms. Heyden reviewed the CoTran route for Ms. Jenkins. She further explained that there will be bus stop signs posted approximately every 600 feet. Anyone waiting at a sign will be picked up even though that might not be a major sche- duled bus stop. There are approximately seven {7) major scheduled stops on each of the two routes. There will be a printed bus stop schedule advising the time the bus will arrive at the scheduled bus stops. There is no guaranteed time for pick up at the bus stop signs, however, but the bus will probably arrive within fifteen to twenty minutes of the arrival time at the major stop. Commissioner Aguila advised that a specific schedule will be worked out. Once that schedule is worked out, it will be published and riders will be able to count on the buses arriving on schedule or within just a few minutes of that scheduled arrival time. Mayor Pro Tem Bradley advised that he received a call from a resident regarding extending the service south on Seacrest to Gulfstream. City Manager Parker said CoTran services Gulfstream Mall. Phyllis Colcord questioned whether or not there will be benches at the bus stops. Ms. Heyden said there will be bus shelters at the major stops which are lighted and have a built-in bench. Commissioner Katz said he received a letter from a resident who requested that it be read into the record. The letter from Dee Zibelli read as follows: "Dear Commission: Due to a previous commitment made several months previous, I am unable to attend the meeting and would appreciate you reading my letter, reference the City bus routes, t have received different renderings of the bus routes for the City bus which is to accommodate all residents of our City. My understanding is that the bus will start at Hypoluxo and Congress, south to shopping areas, etc., east to Seacrest and north to 22nd Avenue, otherwise known as Gateway Boulevard to Boynton Bay. If this is correct, the residents north of 22nd Avenue should not be expected to need services' from the City either for shopping or doctors, dentists, etc. Our area, except for a few exceptions, has been left out of the loop many times and we would appreciate your consideration on the finalizing of the City bus routes." Commissioner Katz questioned whether or not this area is serviced by CoTran. Ms. Heyden responded in the affirmative. MAYOR HARMENING DECLARED THE PUBLIC HEARING CLOSED. Commissioner Katz expressed his feelings that if we are truly going to have a Boynton Beach Transit Authority, we should try to service as many Boynton Beach communities as possible. He does not feel the residents of communities such as -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1994 Colonial Club, Seagate, Hampshire Gardens, Los Mangos and Sterling Village should have to figure out the transfer system because they are serviced by CoTran. He feels the City should look into servicing Boynton Beach residents with our own buses even if it means overlapping. Vice Mayor Matson said the reason we have these routes is not to overlap services so that every citizen is serviced. In reviewing the routes, no one has been left out of the loop. Ms. Heyden added that the City's goal was to augment CoTran's system. Commissioner Katz was concerned that some of the City's residents will be con- fused by the transfer procedure. Commissioner Aguila confirmed with Mayor Harmening that anyone who is serviced by CoTran and wishes to transfer to the City's system will only have to pay one transfer fee of either 20¢ or 10¢ Mayor Harmening advised that it is not possible for us to service the entire City since we do not have the facilities. There are two routes. In order to secure the grant, we are required to run a jitney service for the disabled, and the fourth bus wilt be kept for standby. In response to a question from Oo~Currler, Ms. Heyden explained that the buses will run from 7:00 a.m. to 7:00 p.m., Tuesday through Saturday. Mayor Harmening said these hours were chosen to maximize the service and coverage, and minimize the cost. Ms. Currier suggested using large, visible bus stop signs so that they will be obvious to all. Discussion ensued regarding the length of time it will take to complete the route. Ms. Heyden confirmed that one stretch of the route is nine (9) miles and it will take thirty minutes to complete that stretch. The entire route will take one (1) hour. A woman in the audience questioned whether or not there will be bus shelters at every stop. Mayor Harmening responded in the negative and said there will be shelters only at the major stops. Commissioner Aguila advised that we will begin with fourteen (14) shelters. That number will change and grow as time goes on. The City will have to deal with property owners and setbacks. The shelters which can be erected immediately will be installed. We have the abil- ity to place up to fifty (50) shelters. Notion Commissioner Aguila moved to accept the routes presented at'this public hearing as the final routes. Vice Mayor Matson seconded the motion, which carried 5-0. VII. PUBLIC AUDIENCE: Jame,~ Mlrlana, 728 N_.~E .St~ Avenue, Boynton Beach., expressed his concerns about the work being done on the City Hall complex. He is deeply disturbed with the manner in which the window walls are being installed. He said the way the work was originally done was not only "shameful", but also a "crime". The way it is now being handled is worse. Mr. Miriana advised that he addressed his concerns to the Engineering and Inspection Departments, where he was told that the - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BE/~£H, FLORIDA AUGUST 2, 1994 contractors were being thrown off the job. Mr. Miriana said the contractors not only did not have a license, but also had no permit to perform the work. He explained that the window walls are of the cheapest quality and are being installed with enough space remaining so that a person can fit his hand inside. This type of work is not permissible and will have to be done again. He asked, "Who's paying for this?" He questioned why the Engineering and Inspection Departments are allowing this situation to continue. He feels the two depart- ments should be watching as this construction takes place. Chris DeLtso~ 328 NE 24th Avenue, referred to an article which appeared in the newspapers about satellite dishes. He expressed his dissatisfaction at having been cited for no permit for a satellite dish. He requested that the City Codes be reviewed more seriously. He feels there is a better way to deal with people rather than putting them before the Code Enforcement Board, fining them or placing a lien on their homes. He feels these Codes are outdated back to the 1960s. He wilt be meeting with City Manager Parker on Thursday about this matter. VIII. DEVELOPMENT PLANS: None IX. NEW BUSINESS: A. Items for discussion requested by Vlce M~yor Lynne Matson 1. Update on Smart Phones City Manager Parker advised that there are eight (8) locations with fourteen (14) telephones which the Police Department identified as areas for Smart Phones. A petition to the Public Service Commission was prepared and sent in. At this point, we are not certain how long the review will take. Vice Mayor Matson would like to contact the Office of Public Counsel in Tallahassee who is an intervenor at the Public Service Commission. She would like to send some correspondence to the Public Service Commission as soon as possible. A Resolution would help. She requested authorization for the drafting of a Resolution to be brought back at any City Commission meeting which might occur between now and the next regular City Commission meeting. Vice Mayor Matson would like the Public Service Commission to have her correspondence prior to their voting. City Manager Parker said the Resolution can be drafted and the Mayor can sign it. Commissioner Katz said he had previously discussed the phone at Cumberland Farms across from the Crossings. Chief Dettman said that phone was not on the list at this time. Vice Mayor Matson said adding that phone at this time would slow down the process. She would rather see that request come at another time since the petitions are already on their way to Tallahassee. - 1I - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, ~994 Noti on Commissioner Aguila moved to instruct the Mayor and City Clerk to sign the appropriate Resolution to the Public Counsel with regard to Smart Phones. Mayor Matson seconded the motion, which carried 5-0. Vice 2. Alcohol/Open Container Ordinance Vice Mayor Matson said she has noticed a marked improvement with regard to her concerns about alcohol being sold on Sunday before noon; however, when she passes the stores along Seacrest, she still sees people sitting in front of E-Z Mart with open containers. Vice Mayor Matson reminded all that this City has an alcohol Ordinance and there is to be no consumption of alcohol on a public accessway, in parking lots, or within 500' of a commercial building. This is being done, and it is being overlooked. She requested that something be done to correct this situation. Chief Dettman agreed to handle this. B. Countywide referendum regarding County property tax exemptions as an economic incentive John Martin, 323 SW 11thAvenue, is immediate past president of the Boynton Beach Chamber of ~-6mmerce and is a member of the Palm Beach County Land Use Advisory Board and the Palm Beach County Local Planning Agency. He urged the Commission to support the County referendum on the tax incentive program. This is one of the prime opportunities to lure new business and have businesses expand in the area which will provide jobs and a future tax base for the City. Paul Smith, Director of Sales for Quantum Park, 7740 Stone Harbor Drives said it is very difficult to attract businle$'s ~o'"QuantumF~Fk'E~-~y~ Q'~n~um Park can only offer price as one component to attract companies into the community. They work with the Chamber, the Development Board and the State Commerce Department. Offering incentives to attract businesses to Boynton Beach would help their effort. Virginia Martin-President of the Chamber of Commerce~ 639 East Ocean Avenue, said we are competing on a global marketplace not only for products and services but for business and industry. If our economic developers are to compete with other communities, they need to have the tools available that everyone else has. Tax incentives are used around the country and the world to attract industry to localities. Industry means jobs, expanding the tax base and expanding the base which allows us to provide the goods and services our citizens expect. She urged the Commission to support this effort. Mayor Harmening confirmed that the speakers were requesting the City Commission support the County's referendum to allow, under certain conditions, the County to abate the County taxes on improvements to real property up to ten years. Ms. Martin said the County can go up to 100% or any portion thereof, and they can go up to ten years or any portion thereof. It will be negotiated on an individual basis. - 12 - ~INUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1994 Mayor Harmening said the State of Florida is somewhat behind, especially com- pared to the Russet Belt states. Their contributions, to encourage new industry and those already present to stay, far surpass anything Florida has been able to do. Mayor Pro Tem Bradley feels this is an excellent idea and a good start. He feels the City can take a lesson from the County and look into ways the City can offer tax incentives to businesses. Mayor Harmening stated the City has offered incentives on a limited basis from time to time. Mayor Pro Tem Bradley feels the City of Boynton Beach should make that a practice. Vice Mayor Matson said she is tired of everything going to Boca Raton because they have more'incentives than we have. Commissioner Aguila suggested we draft a Resolution to Palm Beach County in sup- port of the countywide referendum on tax exemptions and have it ready by the next meeting which will be in time for the September 8th election. Commissioner Katz recommended having the City Attorney draw up the Resolution and having the Mayor and City Clerk sign it, Motion Commissioner Aguila moved to authorize the Mayor and City Clerk to sign an appropriate Resolution to Palm Beach County to be distributed amongst municipa- lities in support of this referendum. Vice Mayor Matson seconded the motion. Vice Mayor Matson said this effort was a major part of the discussion at the Directions '94 conference. She is pleased that it will be on a referendum. The motion carried 5-0. C. Implementation of a Facade Program for Ocean Avenue Ann Ford, Downtown District Coordinator, reminded the Commission that a workshop had taken place in January on this project. With some of the money which was not spent on the streetscape, she would like to implement a facade program for loans at no interest to property owners to make improvements to their property facades. This program would begin with the 500 Block of East Ocean Avenue. Commissioner Aguila does not have a problem with this concept and would support it on a match. If we develop a facade program which encompasses colors, signage and awnings, and the property owners participate in the effort and are willing to invest some of their money, he would not object to loaning them 50% and have them pay it back at no interest over a three or four year period, or whatever is appropriate. He is not supportive of loaning 100% of the cost. He further feels it is necessary to achieve agreement from the property owners regarding what they would like to happen in their area. At present, the City has been unable to get the property owners to agree on anything. Ms. Ford felt Co~issioner Aguila's approach would not work. She stated that the most minimal program she has ever heard of was a no-interest loan program. It is very difficult to get redevelopment loans. The cities need to make the - 13 - *should read, "...Ru~t Belt states." MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1994 money available to the property owners and allow them to pay it back. Delray Beach gives the property owners $20,000 in return for an agreement that the facade will be done as the City requests. The revolving loan fund, with no interest, obligates the property owner to pay all of it, without interest. Commissioner Aguila questioned. Ms. Ford with regard to the anticipated loan turnaround period. She stated that it would depend on the individual circum- stances regarding the amount the property owner wants to borrow and the extent of the improvements. Ms. Ford spoke with an architect who recommended improve- ments at a reasonable cost. There are a number of fake facade improvements which can considerably enhance the look of the area. In response to a question from Commissioner Aguila, Ms. Ford stated that the property owners have been very involved and cooperative from the beginning. Commissioner Katz wondered if Ms. Ford had considered a ceiling on the amount of money which would be lent out at one time. She pointed out that she would be working with a minimal amount of funds. Some of the stores on the 500 Block are small and would not require a great deal of money. A larger store would require more money and it would be paid back at a slower rate. Commissioner Katz stated that in theory, he agrees with Commissioner Aguila's recommendation of a 50/50 split, although he does not believe it should be that high. However, in this area, there are special circumstances and the people need to be encouraged to improve the area. He supports Ms. Ford's proposal. Mayor Harmening asked if any consideration had been given regarding the City securing the loans. Ms. Ford said the loans would be secured in the same manner a bank secures a home improvement loan. Mayor Harmening stated that if the loan defaults, the City will be spending public money on private property. Ms. Ford said a great deal of public money is spent on private property when 50/50 matches are done with businesses. This is not unheard of and has been used in major cities and small cities for redevelopment. This is a very conservative program. Vice Mayor Matson inquired as to whether or not the City would have the agreement of 100% of the businesses before we get involved in such a program. She is concerned that the facade improvements may be made by some of the busi- nesses and not on others. Ms. Ford said that it is difficult to get 100% agreement; however, very often, once something is started, it spurs on the reluctant people. Mayor Harmening pointed out that in the past, Ms. Ford said facade grants could be secured. Ms. Ford advised that there are facade grants which were available, but ended this year. That money is no longer available. There is a Main Street Program which gives money for facade grants, but Boynton Beach was unsuccessful in getting that program. Vice Mayor Matson feels that if an architectural program for a facade program is put in place, it wilt not have meaning unless the entire block is done. Ms. Ford disagreed, and pointed out that occasionally there are property owners who do not participate, but the improvements which have been made have helped a - 14 - NINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1994 great deal. Generally, people will fall in behind the leaders as the area begins to improve in appearance. This is an attempt to make a positive beginning. Vice Mayor Matson would like a commitment from the property owners if the City is going to spend taxpayers' dollars. Ms. Ford said she does not believe there will be a problem with about 70% of the property owners on the 500 Block. Commissioner Aguila agreed that it will be impossible to get 100% agreement. feels that if this plan is going to work, it will happen because some of the people will almost embarrass their neighbors for not participating in the program. He is not concerned that there is not 100% agreement; however, he hopes Ms. Ford has a good starting point so that when the first phase is completed, there will be a visual, significant improvement so that something positive has transpired on Ocean Avenue. He Mayor Harmening questioned when the streetscape would be done. City Manager Parker said the irrigation was done last week along with the park, and the project is underway. Mayor Pro Tem Bradley feels the operative words are "getting the ball rolling". This will send a message to the community that the City is behind improvements and economic development. He supports this program. Morton Commissioner Katz moved to approve the Downtown Development Coordinator's facade grant program up to $50,000. Mayor Pro Tem Bradley seconded the motion. Vice Mayor Matson inquired as to whether or not the City Commission will have any input into the architectural plans. Commissioner Aguila and Ms. Ford stated they hoped the City Commission would not be involved. Ms. Ford said there will be a good architect involved in this program. Commissioner Katz said Ms. Ford is very talented. The purpose of hiring her was to use her talents and let her come up with the ideas. She has done that, and that is one of the reasons he is supporting this program. Commissioner Katz expressed his disappointment at the fact that members of the Chamber of Commerce spoke in favor of the County's referendum, but did not get up to speak for the City of Boynton Beach. John Marttn, 323 E._~, Ocean Avenue, said the Chamber is in full support of this project. If the Chamber was polled on a member-by-member basis, it would be in full support of this project. He is very happy to see that the City Commission is taking the right steps to make the downtown a better place for the people who are doing business there now and those who may wish to do business there in the future. Mayor Harmening said he would like to see people build up the Congress corridor since that is the City's true downtown. The motion carried unanimously. - t5- NINUTE$ - REGULAR CITY COHNIS$ION HEETING BOYNTON BEACH, FLORIDA AUGUST l, 1994 D. Boca Raton Planning Session Mayor Pro. Tem Bradley pointed out that the impact of economic development is very obvious in Boca Raton. He feels planning sessions are very important and he would like to consider such sessions again in the future. Vice Mayor Matson said many of the things Boca Raton is planning are things the City of Boynton Beach has already done. X. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No, 094-22 Re: Amending Chapter 5 - Building Codes Attorney Cherof read Proposed Ordinance No. 094-22 by title only. THERE WAS NO ONE PRESENT TO SPEAK ON THIS ORDINANCE. Commissioner Aguila left the dais. Notion Vice Mayor Matson moved approval of Proposed Ordinance No. 094-22 on second and final reading. Commissioner Katz seconded the motion. City Clerk Sue Kruse polled the vote. The vote carried 4-0. (Commissioner Aguila was away from the dais.) Proposed Ordinance No, 094-23 Re: Amendment to the sign code to allow for signage (advertising) on bus shelters - recommendation to table City Manager Parker advised that CoTran sent in their comments at 4:00 p.m. on Friday, which did not allow time to include those comments in the Ordinance. Staff is concerned that the Ordinance may require a title change; therefore, she recommended tabling this reading. Notion Commissioner Katz moved to table Proposed Ordinance No. 094-23. Vice Mayor Matson seconded the motion, which carried 4-0. (Commissioner Aguila was away from the dais.) B. Ordinances - 1st Reading: 1. Proposed Ordinance No, 094-24 Re: Amendment to Appendix A - Zoning, Section 11D.8, Home Occupations required to make this section consistent with Section 14-3, which established weight i restrictions for motor vehicle parking Commissioner Aguila returned to the dais. - 16- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1994 Attorney Cherof read Proposed Ordinance No. 094-24 by title only. Commissioner Aguila pointed out that the Ordinances always contain a section which states, "All laws and ordinances applying to the City of Boynton Beach, in conflict with any provision of this ordinance are hereby repealed." He asked why that statement did not correct the Ordinance. Attorney Cherof responded that many of the Ordinances contain subprovisions which deal with certain subject matter. We want to make certain that when this Ordinance is read in conjunction with older Ordinances which are not repealed or abolished, that it is clear this Ordinance, being later in time, supersedes the others. Motion Commissioner Aguila moved approval of Proposed Ordinance No. 094-24 on first reading. Commissioner Aguila seconded the motion. Vice Mayor Matson said she voted against this Ordinance in the past. She has received a lot of complaints from residents who do not have the protection of a homeowners association. Those homeowners are vehemently against this and Vice Mayor Matson will not support this Ordinance. Mayor Harmening is also opposed to this Ordinance. City Clerk Sue Kruse polled the vote. The vote was 3-2. (Mayor Harmening and Vice Mayor Matson cast the dissenting votes.) e Proposed Ordinance No, 094-25 Re: Amending ordinance to clarify length of terms for members of Community Redevelopment Advisory Board Attorney Cherof read Proposed Ordinance No. 094-25 by title only. AT THIS POINT, IT WAS REALIZED THAT AN ERROR OCCURRED IN THE READING OF THE ORDINANCE TITLES. MAYOR HARMENING EXPLAINED THAT THE PREVIOUS VOTE WAS TAKEN FOR PROPOSED ORDINANCE NO. 094-24, BUT ATTORNEY CHEROF HAD ACTUALLY READ THE TITLE OF PROPOSED ORDINANCE NO. 094-25. ATTORNEY CHEROF RECOMMENDED WITHDRAWING THE MOTION FOR PROPOSED ORDINANCE NO. 094-24. Commissioner Katz withdrew his motion for Proposed Ordinance No. 094-24. Commissioner Aguila withdrew his second to that motion. Motion CommisSioner Katz moved approval of Proposed Ordinance No. 094-25 on first reading. Vice Mayor Matson seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. - 17 - HINUTES - REGULAR CITY COMHISSION HEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1994 Attorney Cherof read Proposed Ordinance No. 094-24 by title only. Notlon Commissioner Katz moved to approve Proposed Ordinance No. 094-24 on first reading. Commissioner Aguila seconded the motion. Vice Mayor Matson advised that her previous remarks stand. City Clerk Sue Kruse polled the vote. The vote was 3-2. Vice Mayor Matson cast the dissenting votes.) (Mayor Harmening and 3. Proposed Ordinance No, 094-26 Re: Referendum regarding removing department heads from Civil Service Attorney Cherof read Proposed Ordinance No. 094-26 in full. Commissiioner Aguila moved approval of Proposed Ordinance No. 094-26 on first readingi. Vice Mayor Matson seconded themotion. ' ' ..... Ordinance the first time it was Commissioner Katz said he did not like this brought: up, and he does not like it now. Mayor Piro Tem Bradley inquired as to the status of the policy for progressive disciplline prior to termination of an employee. He asked to see those require- ments b~fore the next reading of this Ordinance. Commisslioner Aguila said he will only support this proposal if there is a policy in plac!e which would protect the employees so that they have a level of comfort that a ~ystem is in place which is formalized and allows a step-by,step proce- dure whlich is not a Civil Service procedure. City Manager Parker is working on a procedure and will have it ready before second reading of the Ordinance. Commiss)ioner Aguila said the purpose of this proposal is not to get rid of anyone,i but to afford direct accountability which the Manager needs to have with the dep~rtment heads. Commiss)ioner Katz referred to a letter dated August 2, 1994 from G. Ware Cornell, Jr., an attorney who has been retained by a number of department heads and senior managers. Commissioner Katz stated this is the level of comfort the departm)ent heads have, and he feels the "handwriting is on the wall". Vice Mayor Matson wants to be certain that the employees involved can be assured that their pensions and benefits are not affected by this Ordinance. Mayor H~rmening expressed his concern that City Managers come and go. Frequent- ly, thel new City Manager is anxious to bring his people on board. Mayor Harmenl~g s suggestion for a level of protection is to require that upon the recommendation of the City Manager to terminate one of these people, that the recommelndation be forwarded to the City Commission to be acted upon at the first meetingl, and that it require a super majority (or four (4) votes) of the City Commission concurring with the City Manager's recommendation in order to accomplish the termination. - 18- ~INUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1994 Commissioner Aguila was not opposed to this recommendation. He feels this should be done judiciously and cautiously. If such an action is taken by the City Manager, it should be done with good documentation and with good cause. such a case, getting a 4/5 majority vote of the City Commission would not be difficult. In Vice Mayor Matson disagreed with Mayor Harmening's recommendation and would not support it because she feels the City already has employees who work very hard at election time to get their favorite people elected. She has a problem with four people making this decision. She feels things will become more political. Commissioner Katz questioned whether there is a problem with City employees exercising their Constitutional right of wanting to see a certain person elected or not elected. Vice Mayor Matson said she was referring to employees actively working on a campaign. This wilt make employees much more political, and that is the problem she has with this recommendation. The motion was not amended to include the Mayor's recommendation. City Clerk Sue Kruse polled the vote. The vote was 3-2. (Mayor Harmening and Commissioner Katz cast the dissenting votes.) 4, Proposed Ordinance No. 094-27 Re: Referendum regarding removing management personnel, grade 37 and above, from Civil Service Attorney Cherof read Proposed Ordinance No. 094-27 in full. Motlon Vice Mayor Matson moved approval of PropOsed Ordinance No. 094-27 on first reading. Commissioner Aguila seconded the motion. Commissioner Aguila explained that information was supplied to the Commission which included additional employment titles. He asked the City Manager to pro- vide the list since discussions along these lines had taken place in the past. Originally, when he brought this issue forward, he was looking for a level of responsibility which encompassed most of the people who should not be in Civil Service. He requested a list of additional people and their.pay grades with similar duties as the department heads. In reviewing this, he is not sure the use of a pay grade is the proper way to handle this situation. His argument for this change is that he believes that the people who have no one to account to between their position and the Managerare the one who should not be in Civil Service. Everyone else has someone between themselves and the City Manager to be accountable to. Therefore, if the department heads are not in Civil Service, all other employees will become accountable to someone who is directly accountable to the City Manager. He now believes this Ordinance is no longer necessary. Commissioner Katz was pleased to hear Commissioner Aguila's remarks about this Ordinance and will be glad to see this Ordinance die. City Clerk Sue Kruse polled the vote. The motion failed 0-5. (All of the Commissioners cast dissenting votes.) - I9 - MINUTES - REGULAR CITY COMMISSION NE~ING BOYNTON BEACH, FLORIDA AUGUST 2, 1994 C. Resolutions: Proposed Resolution No, R94-106 Re: Authorize execution of addendum between the City of Boynton Beach and Meadowood Groves, Inc., and Willard Arnold, accepting a corresponding deed convey- ing the park site ....................................... TABLED MOtion Commissioner Aguila moved to remove this item from the table. Commissioner Katz seconded the motion, which carried unanimously. Attorney Cherof advised that the Commission previously approved the main agree- ment which remains unsigned because there was no authorization to deliver it. At 5:00 p.m. today, Attorney Cherof received a fax letter from the attorney who represents the property owner requesting that this item be tabled again because they are not yet ready to fully evaluate the park site issue which is included in the addendum and the request for some changes in the deed. Attorney Cherof suggested that the Commission authorize the execution of the addendum and authorize the acceptance of a proper deed which deals with the park site the way the City wants it. He further recommended that the Commission direct him not to deliver the agreement or record the deed until all of the pertinent documents are in hand. City Manager Parker said we have not been able to forward the Miner Road agreement to the County and the Engineer and the County are becoming concerned about the scheduling and construction of the project. Attorney Cherof said he does not know the motivation behind the delay. Motion Commissioner Aguila moved to authorize execution of the addendum, but not to authorize delivery of the addendum until we are satisfied that we have the deed we want in hand. Attorney Cherof advised that the problem he has is the language in the addendum that requires them to bring the park site up to buildable grades. This would be a very costly item to the City if we do not obtain this. Commissioner Katz seconded the motion, which carried unanimously. Proposed Resolution No, R94-129 Re: Authorize execution of grant award agreement between the City of Boynton Beach and the Department of State, Division of Historic Rosources for the old Boynton Elementary School Attorney Cherof read Proposed Resolution No. R94-129 by title only. Motion Commissioner Aguila moved approval of Proposed Resolution No. R94-129. Commis- sioner Katz seconded the motion. - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTOH BEACH, FLORIDA AUGUST 2, 1994 Mayor Harmening explained that this Resolution starts the ball rolling. Mayor Harmening recalled that the Historic Society was to supply matching funds. City Manager Parker advised that this Resolution covers the first grant which was approved last year. Commissioner Aguila said the second one is the one involving the match. Mayor Harmening asked for a status report of the Historic Society's fundraising activities. That information was not available. Mayor Harmening does not feel that the Historical Society will be able to make the Children's Museum happen; however, if it does, he feels the City will be hit with tremendous costs. Vice Mayor Matson recalled approving this contingent upon the Historic Society coming up with $300,000. Commissioner Aguila said the second grant is the one for which the Historic Society will raise matching funds. Mayor Hamening is of the opinion that the City will take $68,000 and begin to spend it on architectural fees. After that, it will all be downhill. Commis- sioner Aguila feels this is a community with very little historical value. This building is of great significance to the people of Boynton Beach. He feels the City Commission should move forward with the hopes that this will be a suc- cessful project. The motion carried 4-1. (Mayor Harmening cast the dissenting vote.) Proposed Resolution No, R94-130 Re: Termination of Temporary Construction Easement - Boynton Nurseries (adjacent to Lawrence Road) Attorney Cherof read Proposed Resolution No. R94-130 by title only. Attorney Cherof advised that this involves the abandonment of the construction easement. Notion Commissioner Aguila moved approval of Proposed Resolution No. R94-130. Commis- sioner Katz seconded the motion, which carried unanimously. D. Other: 1. Code Enforcement Lien Reduction for Plum Beach Capital Corporation, 1BO SW 3rd Avenue Scott Blasie, Code Enforcement Administrator, advised that the Code Enforcement Board based part of its judgment on the fact that the Respondent did not appear at either the Code Enforcement Board hearing or the Fine Certification Hearing. Robert Maffi said he was hospitalized during one of the hearings and his secre- tary failed to notify him of the second hearing. - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1994 Mr. Maffi said this section of the roadway had been maintained by the City up until last year. Although it is considered his driveway, it is a public access which is used by everyone. When he was hospitalized, his maintenance people fixed it, but did not pull a permit. When he .learned that a permit was neces- sary, he was unable to get it because he is not a licensed contractor. At that point, Mr. Maffi let the situation go and did not get the road fixed by a licensed contractor until June. At that point, the $50 per day fine became quite substantial. He requested consideration by the Commission in reducing the fine. In response to Commissioner Katz' question, Mr. Blasie announced that the viola- tor is in fUll compliance and the cost to his department is approximately $500 to $600 plus the cost of recording of documents. City Clerk Sue Kruse advised that the cost of recording is $5 for the first page, and $2 for every page thereafter. Commissioner Katz requested that these costs be included in the staff report for future lien reduction cases. Mr. Blasie said it will be easier in the future since the Statutes have changed to allow the City to recoup administrative costs. Commissioner Katz reminded the Commissioners that at a previous lien reduction, a $67,000 lien was reduced to zero. At that time, he was in favor of recouping the City's administrative costs. In this case, he would like to reduce this lien to administrative costs of $600. Commissioner Aguita requested clarification on how the Code Enforcement Board arrived at their decision to reduce the fine to $3,760. Mr. Blasie said it is an arbitrary figure to some extent, but the Code Enforcement Board weighs the gravity of the violation and the efforts to respond and comply. Commissioner Aguila feels that by setting a precedent of reducing these fines to administrative costs, it weakens the Code Enforcement effort. Attorney Cherof does not feel any precedent will be set and stated that the Code Enforcement Board's record is exemplary in attaining compliance. Fines have routinely been reduced from time to time without eroding the confidence of the community in that process. Vice Mayor Matson has a problem with the message that will be sent to the viola- tors by reducing these fines to administrative costs. Commissioner Aguila acknowledged the fact that there are so many laws on the books and the average citizen is unaware of most of them; however, he feels people need to make an effort to investigate, and when the laws are brought to their attention, they need to make an effort to comply. He feels that reducing this fine from $9,400 to $3,760 is a compromise. Commissioner Katz feels the idea behind Code Enforcement is compliance, not to generate money. He again reiterated that Novatek's fine of $60,000 was reduced to zero. - 22 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1994 Notl on Commissioner Katz moved to reduce this fine to administrative costs of $600. THE MOTION DIED FOR LACK OF A SECOND. Motion Vice Mayor Matson moved to reduce the lien to $2,500. Mayor Pro Tem Bradley seconded the motion, which carried 4-1. (Commissioner Katz cast the dissenting vote.) Commissioner Katz advised Mr. Maffi that he voted no because he wanted the lien reduced to a lower amount. XI. UNFINISHED BUSINESS: Playground Development Project to authorize the construction of a Leathers Park utilizing community volunteers at Kiddy Park adjacent to the Civic Center Motion Commissioner Katz moved to approve based on staff's recommendation. Commis- sioner Aguila seconded the motion. Vice Mayor Matson confirmed that Mr. Fred,tick's recommendation was to use recycled materials and not the wood. Mr. Frederick said they will use recycled materials as much as possible, primarily at the contact points. Mayor Pro Tem Bradley would like some information in the future on the pros and cons of 100% recycled plastic and its composite. The motion carried unanimously. XII. CITY MANAGER'S REPORT: City Manager Parker reminded the Commissioners that we are nearing finalization of the two new City parks. She inquired as to whether or not a dedication cere- mony should be planned. Vice Mayor Matson said she has observed many people enjoying Meadows Park. She commended the workerson a wonderful job. She would like to see a ceremony including balloons, popcorn and character costumes. City Manager Parker advised that Mr. Frederick and his staff are working on plans for a ceremony. Mr. Frederick asked for clarification on whether to have two dedications, or one for both sites. Commissioner Aguila feels there should be one dedication for both sites. Vice Mayor Matson suggested having bigger festivities at Meadows Park, and a ribbon cutting at Boynton Lakes Park. Staff will work on planning these ceremonies. - 23 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1994 City Manager Parker reminded the Commissioners that the articles for Funfare are being prepared. Mayor Harmening advised that he wants his article to inquire whether the public finds the $45,000 the City spends on this magazine worthwhile, City Manager Parker said that request has been included in the Mayor's message. Commissioner Aguila said the purpose of Funfare is to supply information to the public. He said he would object vehemently if the Mayor uses that medium to pass on a negative message to the public. He further feels that if a negative message is going to be sent to the public, it should be reviewed by the Commission first. Mayor Pro Tem Bradley would like information included with regard to elections. He pointed out that when he ran for Commissioner, many people felt they could not vote for him because they were not in his District. Vice Mayor Matson advised that the City has a brochure which explains how government works. City Manager Parker will reproduce this brochure and include it. Vice Mayor Matson suggested including the date for the grand opening of the parks, or at least an article advising people to watch for the grand opening. Mayor Harmening said that it has long been the tradition in this magazine that the Mayor provides a message and can say what he wants. The article to be included exactly tracks what was in previous editions with the exception of the fact that the cost of $45,000 to the taxpayers for the magazine is part of the article. The article also asks for input from the taxpayers on whether or not they feel it is worthwhile. Commissioner Aguila requested a copy of the article for review. XIII. OTHER: None XIV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 9:20 p.m. ATTEST: Cit~Clerk ~,cordi n~g (Three Tapes) Tem Commissioner Commissioner 24- AGENDA AUGUST 2, 1994 III. CONSENT AGENDA D cc: Fin, Rec, Util ALLMAX PROFESSIONAL SOLUTIONS P. O. 7498. RENEW LICENSES. PAY FROM WATER & SEWER REV. FUND -- 401-352-5-499-00 $1,150.00 AMERICAN LIGHTING MAINTENANCE, INC. $3,170.95 P. O. 7229. REPLACE LIGHT BULBS AT LITTLE LEAGUE PARK. PAY FROM PUBLIC SERVICE TAX CONSTRUCTION -- 301-722-5-629-43 - $1,019.97 P. O. 7384. REPLACE BULBS AT BALLASTS. PAY FROM PUBLIC SERVICE TAX CONSTRUCTION -- 301-722-5-629-43 - $2,150.98 AMERIDATA P. O. 7556. LAPTOP COMPUTER FOR POLICE. PAY FROM GENERAL FUND -- 001-211-5-670-02 - $2,468.00 PAY FROM MISC. TRUST FUND -- 691-000-1-691-20 - $6,597.22 $12,149.44 P. O. 7215. EMULATION BOARDS FOR D.P. STAFF & TRAINING ROOM. PAY FROM GENERAL FUND -- 001-133-5-670-02 - 3,084.22 ASHLAND CHEMICAL P. O. 5833. WATER PROCESSING CHEMICAL. PAY FROM WATER & SEWER REV. FUND -- 401-335-5-365-00 $3,971.03 ATLANTIC COAST ENVIRONMENTAL SERVICES, INC. P. O. 7437. IAQ TESTING. PAY FROM PUBLIC SERVICE TAX CONSTRUCTION -- 301-194-5-640-05 $1,090.00 B.L.C. LAWN & MAINTENANCE P. O. 6246. LANDSCAPE MAINTENANCE. PAY FROM GENERAL FUND -- 001-722-5-430-15 $3,919.00 RICHARD BEITER, INC. P. O. 7476. BATTERIES. PAY FROM GENERAL FUND -- 001-197-5-433-00 $1,078.90 RON BELL, INC. P. O. 7258. RE-ROOF LIFT STATION #359. PAY FROM WATER & SEWER REV. FUND -- 401-352-5-629-00 $5,176.00 COMMISSION AU$ ~ 1994 APPROVAL 10. 11. 12. 13. 14. 15. 16. BEST POWER TECHNOLOGY, INC. P. O. 7477. LIPS SYSTEM MAINTENANCE CONTRACT. PAY FROM GENERAL FUND -- 001-197-5-499-00 BOARD OF COUNTY COMMISSIONERS - PBC UTILITY REIMBURSEMENT AGREEMENT; PERIOD 3/31 - 5/31/94 PAY FROM W & S UTILITY REV~ FUND - 421-000-0-690-21 - $600.00 421-000-0-691-21 - $600.00 BROWARD TESTING LABORATORY, INC. P. O. 5716. CHEMICAL ANALYSIS. PAY FROM WATER & SEWER REV. FUND -- 401-351-5-460-05 CHEMICAL LIME P. O. 5718. LIME FOR CHEMICAL SOFTENING. PAY FROM WATER & SEWER REV. FUND -- 401-335-5-365-00 DON REID FORD P. O. 6660. REPLACE TRUCK/UTILITY CONSTRUCTION. PAY FROM VEHICLE SERVICES FUND -- 501-193-5-688-00 - $12,568.00 P. O. 6656. REPLACE TRUCK FOR WATER DISTRIBUTION. PAY FROM VEHICLE SERVICES FUND -- 501-193-5-688-00 - $25,136.00 P. O. 6662. REPLACE TRUCK IN UTILITY PUMP STATION. PAY FROM VEHICLE SERVICES FUND -- 501-193-5-688-00 - $12,568.00 E & A WILSON PAINTING SERVICES P. O. 6752. REHABILITATE MANHOLES. PAY FROM WATER & SEWER REV. FUND -- 401-351-5-430-06 - $5,250.00 P. O. 7109. REHABILITATE MANHOLE. PAY FROM WATER & SEWER REV. FUND -- 401-351-5-430-06 - $455.00 ENGINEERING SOFTWARE SERVICES P. O. 7326. PROVIDE AND INSTALL LOCAL AREA NETWORK. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 FLORIDA EMBROIDERED PATCH P. O. 5761. RESTOCK EMBLEM MERCHANDISE. PAY FROM WAREHOUSE FUND -- 502-000-0-410-13 $2,620.00 1,200.00 $1,022.00 $4,530.87 $50,272.00 $5,705.00 $166,340.92 $1099.50 2 COMMISSION AUG ~ 1994 APPROVAL 17. FLORIDA FILTERS, INC. $1,009.86 P. O. 7320. GASKETS & I BOLTS. PAY FROM WATER & SEWER REV. FUND -- 401-336-5-345-00 18. RANDY GALLEY $1,176.00 INSTRUCTOR FOR BASEBALL CAMP. PAY FROM REC. SPECIAL REV. FUND -- 472-721-5-469-00 19. GEE & JENSON $2,032.50 PROFESSIONAL SVC. AT BOAT CLUB PARK. PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-721-5-640-29 - $1,027.50 20. 21. 22. 23. 24. 25. PROFESSIONAL SVC. AT OCEANFRONT PARK. PAY FROM REC & MUN BEACH IMPROV FUND -- 303-721-5-463-09 - $1,005.00 GEORGE HOMRICH LANDSCAPE & DESIGN, INC. P. O. 7561. BOYNTON BEACH BLVD. BEAUTIFICATION PROJ. PAY FROM COMM. IMPR./CRA FUND -- 621-136-5-630-14 - $3,496.00 $5,292.00 P. O. 7563. BOYNTON BEACH BLVD. BEAUTIFICATION PROJ. PAY FROM COMM. IMPR./CRA FUND -- 621-136-5-630-14 - $1,796.00 GRANADA VALVE & FITTING CO. P. O. 7240. VALVE, COUPLING AND AIR OPERATOR. PAY FROM WATER & SEWER REV. FUND -- 401-336-5-345-00 $1,939.10 GREENTREE DRY CLEANERS P. O. 6146. CLEANING OF OFFICERS UNIFORMS. PAY FROM GENERAL FUND -- 001-211-5-346-00 $1,160.00 HTE, INC. RENEWAL OF SERVICE AGREEMENT DATED 3/11/94. PAY FROM GENERAL FUND -- 001-135-5-430-09 $3,750.00 HALSEY'S P. O. 5946. OFFICE SUPPLIES. PAY FROM WAREHOUSE FUND -- 502-000-0-410-10 $1,139.52 HARLEY-DAVIDSON OF PALM BEACH P. O. 6876. 2 MOTORCYCLES FOR POLICE. PAY FROM VEHICLE SERVICE FUND -- 501-193-5-688-00 $17,878.00 CO M iSS ON ALIt 2 1994 APPROVAL 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. IBM, CORP. P. O. 6911. TERMINALS. PAY FROM GENERAL FUND -- 001-133-5-670-02 INSURANCE SERVICING AND ADJUSTING COMPANY WORKERS COMP CLAIMS. PAY FROM SELF INSURANCE FUND -- 622-195-5-447-00 JOHNSON YOKOGAWA CONTRACT - 3 DACS SYSTEM INTEGRATION. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 JONES CHEMICALS 5654. Chemicals for Public Water Operations. Pay From Water & Sewer Rev. Fund -- 401-335-5-363-00 LAWSON, NOBLE & ASSOCIATES, INC. Professional Services for the period of 5/21/94 - 6/22/94. Pay From Public Service Tax Construction -- 301-721:5-642-02 - $510.00 Pay From Water & Sewer Rev. Fund -- 401-392-5-463-00 - $3,705.00 MANAGEMENT & PERSONNEL SYSTEMS, INC. Fire Captain. Pay From General Fund -- 001-135-5-395-00 METRON TECHNOLOGY P.O. 7325. Pilot of New Type Meter (Trial Test) Pay From Water & Sewer Rev. Fund -- 401-333-5-651-00 NATIONAL ASSOCIATION OF TOWN WATCH P. O. 7382. National Night Out. Pay From Misc. Trust Fund -- 691-000-1-691-20 THE NEWS June 1994 Legal Ads. Pay From General Fund -- 001-122-5-470-13 - $1,423.02 001-122-5-475-00 - $998.13 NORTHERN PALM BCH. CO. WATER CONTROL DISTRICT NPDES 5 Year Permit. Pay From Storm Water Utilities Fund -- 425-000-0-692-10 $4,313.40 $1,085.00 $57,150.00 $6,877.84 $4,215.00 $3,519.50 $3,824.19 $3,222.02 $2,421.15 $1,308.33 4 COM MISSION AUG :~ 1994 APPROVAL 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. OFFICE DEPOT P. O. 7565. Replace Damaged Laptop Computer. Pay From Water & Sewer Rev. Fund -- 401-352-5-670-02 PEROXIDATIONS SYSTEMS, INC. P. O. 5582. Corrosion Control Chemical. Pay From Water & Sewer Rev. Fund -- 401-352-5-365-00 PIPER INDUSTRIES P. O. 7000. Blue Recycling Bins. Pay From Sanitation Fund-- 431-341-5-342-00 POWERLINE CHEMICAL & JANITORIAL SUPPLY, INC. P. O. 5589. Restock Janitorial Merchandise. Pay From Warehouse Fund -- 502-000-0-410-11 ROBLYN MANUFACTURING P. O. 7473. Manhole Riser Ring~. Pay From Water & Sewer Rev. Fund -- 401-351-5-390-06 SERVICE MASTER Summer Food Program at Wilson Center. Pay From Federal Grants -- 105-000-0-158-90 SMITH SECKMAN REID, INC. P. O. 6118. HVAC System Modifications. Pay From Public Service Tax Constr. -- 301-194-5-468-00 SOUTHEASTERN MUNICIPAL SUPPLY P. O. 7435. Sewer Pipe and Cleanout Plug. Pay From Water & Sewer Rev. Fund -- 401-351-5-390-06 P. O. 7203. Water Meters. Pay From Water & Sewer Rev. Fund -- 401-333-5'387-00 SOUTHERN MECHANICAL SEALS, INC. P. O. 7118. Seal/Repair/Backwash Pump. Pay From Water & Sewer Rev. Fund -- 401-336-5-433-00 TAB PRODUCTS, CO. P. O. 7344. Tab Burster. Pay From Water & Sewer Rev. Fund -- 401-393-5-670-02 $2,196.00 $11,072.50 $1,485.00 $1,060.46 $5,110.00 $4,909.15 $4,513.74 $27,990.09 $1,828.00 $5,948.90 5 CO MMISSiON APPROVAL 46. TARE LAWN MAINTENANCE $3,463.00 P. O. 5781. Landscape Contract. Pay From General Fund -- 001-722-5-430-15 47. TRAILING EDGE TECHNOLOGIES, INC. $1,028.30 P. O. 7537. Service Call for Lightning Damage. Pay From Self' Insurance Fund -- 622-195-5-440-04 48. UNIVERSAL ENGINEERING SCIENCES, INC. $3,380.00 P. O. 7227. Drilling Shallow Monitoring Wells & Taking water Samples at Public Works old Fuel Island. Pay From Public Service Tax Constr. -- 301-394-5-629-10 - $2,580.00 Pay From Water & Sewer Rev. Fund -- 401-336-5-430-02 - $800.00 49. VALUE RENT-A-CAR $1,139.85 P. O. 5673. Car Rental. Pay From Misc. Trust Fund -- 691-000-1-691-20 50. WESTERN WATERPROOFING COMPANY $44,502.00 P. O. 6995. Waterproofing caulking/coating of City Hall Complex. Pay From Public Service Tax Constr. -- 301-194-5-634-12 51. KILDAY & ASSOCIATES $2,846.46 WOOLBRIGHT ROAD MEDIAN PLANTING PROJECT #168.10 PAY FROM FEDERAL GRANTS -- 105-722-5-635-03 THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT. I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. GRA~CTOR CARRIE PARKER, CITY MANAGER CO AUG APPROVAL n No. 121, Revised 7/26/94 DIRECT PAYMENT REQUISmON C. McDeavitt/6222 Please issue a check in the amount ors TO: Gee & Jenson PO Box 24600 West PalmBeach, FL 33416-4600 VENDOR# 071542 FOR: Boat Club Park - Invoice #27971 for professional services for mitisation restoration mcludin~ field review of channel marker repairs/replacement and submittal of permit documents to D.E.P. for mitigation work for the period endin~ June 24, 1994 RE.QI FF..RTED RY' DATE' h,ly ?g. lC)~. APPROVALS: DEPT. HEAD , 301 721 5 640 29 $1,027.50 FINANCE DEPT.~..~~ CITY MANAGER: TOTAL: $1,027.50 CC: CO hOB ~ 199~ APPROVAL GEE & JENSON Engineers-Architects- Planners, Inc. PLEASE REMIT TO P.O. Box 24600 West Palm Beach, FL 33416-4600 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: MR. CHARLES C. FREDERICK %¸. J~-I~Y~~9, 1994 INVOICE NO. 27971 PROJECT NO. 91-156.50 'FOR: BOAT CLUB PARK NAVIGATION AIDS PROFESSIONAL SERVICES FOR MITIGATION RESTORATION INCLUDING FIELD REVIEW OF CHANNEL MARKER REPAIRS/REPLACEMENT AND SUBMITTAL OF PERMIT DOCUMENTS TO DEP FOR MITIGATION WORK FOR THE PERIOD ENDING JUNE 24, 1994 PROFESSIONAL PERSONNEL HOURS RATE AMOUNT PRINCIPAL 7.0 125.00 875.00 DRAFTER 3.0 40.00 120.00 SECRETARY 1.0 25.00 25.00 CLERICAL 0.3 25.00 7.50 TOTALS 11.3 1,027.50 TOTAL LABOR 1,027.50 TOTAL THIS INVOICE $ 1,027.50 AUG :B 1994 APP6~uVAL WE HEREBY CERTIFY THAT IN THE PEr~. ,.,~m~-,r~.,l=: OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE CO~PLIED wrrH THE FAIR LABOR S'rANDARD~ ACT OF 1938, AS AMENDED. GEE & JENSON Engineers-Architects- Planners, Inc. PLEASE REMIT TO P.O. Box 24600 West Palm Beach, FL 33416-4600 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: MR. CHARLES C. FREDERICK JULY 19, 1994 INVOICE NO. 27971 PROJECT NO. 91-156.50 FOR: BOAT CLUB PARK NAVIGATION AIDS PROFESSIONAL SERVICES FOR MITIGATION RESTORATION INCLUDING FIELD REVIEW OF CHANNEL MARKERREPAIRS/REPLACEMENT AND SUBMITTAL OF PERMIT DOCUMENTS TO DEP FOR MITIGATION WORK FOR THE PERIOD ENDING JUNE 24, 1994 PROFESSIONAL PERSONNEL HOURS RATE AMOUNT PRINCIPAL 7.0 125.00 875.00 DRAFTER 3.0 40.00 120.00 SECRETARY 1.0 25.00 25.00 CLERICAL 0.3 25.00 7.50 TOTALS 11.3 1,027.50 TOTAL LABOR 1,027.50 TOTAL THIS INVOICE $ 1,027.50 AUG g 994 AP?ROVAL VtrE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FAIR LABOR STANDARDS ACT OF 1938, AS AJ~ENDED. Form No. 121, Revised 7/26/94 DIRECT PAYMENT REOUISITION C. McDeavitt/6222 Please issue a check in the amount of'.$ TO: Gee & Jenson P.O. Box 24600 West Palm Beach, FL 33416-4600 VENDOR ~O7142 FOR: Oceanfront Park Improvements - Professional services for the period endin~ July l, 1994. Invoice #28647 attached REQIIEgTFD RY' DATE. luly 77. lc~a APPROVALS: DEPT. HE ~ 303 721 5 463 09 $1,005.00 FINANCE DEPT.:~/~,..~ I CITY MANAGER: TOTAL: $1,005.00 CON SS ON App~L~¥AL GEE & JENSON Engineers-Architects- Planners, Inc. PLEASE REMIT TO P.O. Box 24600 West Palm Beach, FL 33416-4600 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: MR. CHARLES FREDRICK JULY 19, 1994 INVOICE NO. 28647 PROJECT NO. 93-306.00 FOR: OCEANFRONT PARK IMPROVEMENTS PROFESSIONAL SERVICES FOR THE PERIOD ENDING JULY 1, 1994 TOTAL FEE PHASE PRELIMINARY DESIGN CONSTRUCTION % OF FEE 28,800.00 FEE 4,400.00 100 17,700.00 100 6,700.00 30 TOTAL EARNED PREVIOUS FEE BILLING CURRENT FEE BILLING % COMPLETE FEE EARNED 4,400.00 17,700.00 2,010.00 24,110.00 23,105.00 1,005.00 OUTSTANDING INVOICE NO. 28143 DATE 06/15/94 TOTAL THIS INVOICE TOTAL NOW DUE $ 1,005.00 1,005.00 $ 2,010.00 · VE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FAiR LABOR STA.NDARDS ACT OF !S3S, AS AMENDED.