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Minutes 04-05-94PRESENT MINUTES OF THE REGULAR CITY COMMISSION MEETING HEL~ COI~tISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, APRIL 5, 1994, AT 6:30 P, M, Edward Harmening, Mayor Lynne Matson, Vice Mayor Matt Bradley, Mayor Pro Tem Jose Aguila, Commissioner David Katz, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I, OPENINGS A, Call to Order Mayor Harmening called the meeting to order at 6:32 P. M. B, Invocation Rev. Conrad A. Braten of. the Ascension Lutheran Church was not present. Therefore, a moment of silent prayer was observed in lieu of his invocation. C, Pledge of Allegiance to the Flag The Pledge of Allegiance to the Flag was led by Mayor Harmening. D, Agenda Approval , 1, Additions, Deletions, Corrections Commissioner Aguila added Item IX.C.3 (I-95/Boynton Beach Boulevard Medians). Vice Mayor Matson deleted Item X.C.9. She advised that there have been no meetings and Palm Beach County chose to opt out of it this year due to lack of funds. Therefore, we are looking to sunset that organization. City Manager Miller deleted Item II.F. He will bring this item back at a later date. He added Item IV.B.4 (City Administration). At the request of City Attorney Cherof, Item X.D.2 was moved between II (Admin- istrative) and III (Consent Agenda) to accommodate John Randolph, the Attorney for Kauff's Towing. 2, Adoption Vice Mayor Matson moved to approve the agenda as amended. Commissioner Aguila seconded the motion, which carried 5-0. - 1 - HI*NUTE,$ - REGULAR CITY CONHI$SIOH HEETING BOYNTON BEACH, FLORIDA APRIL 5, 1994 II. ADMINISTRATIVE A. Accept Resignation from Dagmar Brahs, Regular Member, Education Advisory Board Vice Mayor Matson moved to accept Ms. Brahs' resignation from the Education Advisory Board. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. B. Appointments to be Nade Appointment to be Made Board Reg/ Length of Term Alt Expiration Date II Bradley Education Advisory Board Alt Term Exp III Agulia Community Redevelopment Adv Bd Reg Term Exp Mayor Harmening Golf Course Advisory Committee Alt Term Exp I Katz Code Enforcement Board Alt Term Exp III Aguila Community Relations Board Alt Term Exp I Katz Planning and Development Board Alt Term Exp III Aguila Board of Adjustment Alt Term Exp IV Matson Code Enforcement Board Alt Term Exp Mayor Harmening Education Advisory Board Reg Term Exp II Bradley Education Advisory Board Reg Term Exp res 6/94 TABLED res 8/96 TABLED ~res 6/96 TABLED ~res 9/94 TABLED ires 4/95 TABLED ~res 4/95 TABLED ~res 4/95 TABLED ~res 9/94 TABLED ires 6/94 TABLED res 6/95 TABLED Mayor Harmening Board of Adjustment Reg I Katz Board of Adjustment Reg II Bradley Board of Adjustment Alt 3 Year Term to 4/97 3 Year Term to 4/97 2 Year Term to 4/96 III Aguila Bldg Brd of Adj & Appeals Reg IV Matson Bldg Brd of Adj & Appeals Reg Mayor Harmening Bldg Brd of Adj & Appeals Alt I Katz Bldg Brd of Adj & Appeals Alt 3 Year Term to 4/97 3 Year Term to 4/97 1 Year Term to 4/95 i Year Term to 4/95 II Bradley Cemetery Board Reg III Aguila Cemetery Board Alt 3 Year Term to 4/97 i Year Term to 4/95 IV Matson Children & Youth Advisory Bd Reg Mayor Harmening Children & Youth Advisory Bd Reg I Katz Chidlren & Youth Advisory Bd Alt ti Bradley Children & Youth Advisory Bd Alt 2 Year Term to 4/96 2 Year Term to 4/96 I Year Term to 4/95 1 Year Term to 4/95 III A§uila Civil Service Board Reg IV Matson Civil Service Board Alt 2 Year Term to 4/96 2 Year Term to 4/96 Mayor Harmening Community Relations Board Reg I Katz Community Relations Board Reg II Bradley Community Relations Board Reg III Aguila Community Relations Board Alt 3 Year Term to 4/97 3 Year Term to 4/97 3 Year Term to 4/97 1 Year Term to 4/95 IV Matson Library Board Reg Mayor Harmening Library Board Reg 3 Year Term to 4/97 3 Year Term to 4/97 -2- HI'NuTE~ - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA APRIL 5, 1994 I Katz Library Board II Bradley Library Board Alt Alt 1 Year Term to 4/95 1 Year Term to 4/95 III Aguila IV Matson Mayor Harmening Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Reg Reg Alt 2 Year Term to 4/96 2 Year Term to 4/96 2 Year Term to 4/96 I Katz II Bradley III Aguila IV Matson Mayor Harmening Planning and Development Board Reg. Planning and Development Board Reg Planning and Development Board Reg Planning and Development Board Reg Planning and Development Board Alt 2 Year Term to 4/96 2 Year Term to 4/96 2 Year Term to 4/96 2 Year Term to 4/96 1 Year Term to 4/95 I Katz Recreation and Park Board Reg II Bradley Recreation and Park Board Reg III Aguila Recreation and Park Board Alt IV Matson Recreation and Park Board Alt Year Term to 4/97 Year Term to 4/97 Year Term to 4/95 Year Term to 4/95 Mayor Harmening Employees' Pension Board Reg I Katz Employees' Pension Board Reg 2 Year Term to 4/96 Term Expires 6/94 Moti on Vice Mayor Matson moved to remove all tabled appointments from the table. Commissioner Katz seconded the motion, which carried 5-0. The following appointments were made, without objections: Board Appointee Appointed By Code Enforcement Board Community Relations Board Education Advisory Board Education Advisory Board Board of Adjustment Board of Adjustment Bldg. Brd. of Adj. & Appeals Bldg. Brd. of Adj. & Appeals Bldg. Brd. of Adj. & Appeals Cemetery Board Cemetery Board Children & Youth Advisory Brd. Civil Service Board Civil Service Board Community Relations Board Community Relations Board Community Relations Board Community Relations Board Library Board Library Board Will A. Mirisola, Alternate Fawn Bradley, Alternate Erin Snow, Regular Jeannie Pilgrim, Regular James Miriana, Regular Justin Steinhart, Regular Milton Russell, Regular Oris Walker, Regular Barry Goldman, Alternate Joe Delaney, Regular Craig Hackenthorn, Alternate Cindy Thieman, Regular Ralph Marchese, Regular Eddie Mitchell, Alternate Joy Currier, Regular Dee Zibelli, Regular Elizabeth Jenkins, Regular Annie Matthews, Alternate Dorothy Walker, Regular Naomi Sechtor, Regular Katz Aguila Harmening Bradley Harmening Katz Aguila Matson Harmening Bradley Aguila Matson Aguila Matson Harmening Katz Bradley Aguila Matson Harmening -3- HIflUTE~ - REGULAR CITY COI4HISSIOH HEETING BOYNTON BEACH, FLORIDA APRIL 5, 1994 Library Board Nuisance Abatement Board Planning & Development Board Planning & Development Board Planning & Development Board Planning & Development Board Planning & Development Board Recreation & Park Board Recreation and Park Board Recreation and Park Board Recreation and Park Board Eleanor Mann, Alternate Richard Yerzy, Regular Richard Graham, Regular Paul Davis, Regular Ken Johnson, Regular Jim Golden (moved up to Regular) Pat Frazier, Alternate Mike Fitzpatrick (moved up to Regular) Loretta Rearden, Regular Ed Harris, Alternate ~ Patrick Shepherd, Alternate Katz Aguila Katz Bradley Aguila Matson Harmening Katz Bradley Aguila Matson All other appointments were tabled. Authorize purchase of t~o (2) 15 passenger vans (in lteu of a 29 passenger bus previously approved tn current budget) and one utility trailer for the Pollce Department from the Law Enforcement Trust Fund See Police Department Memorandum No. 060. Notion Vice Mayor Matson moved the approval of this item. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. O, Approve proposed budget schedule Including Workshop #eetlngs for the FY 94-95 Budget See Agenda Memorandum No. 94-112. Motion Commissioner Aguila moved the approval of this item. Vice Mayor Matson seconded the motion, which carried 5-0. E, Abatement of asbestos-containing ceiling material - Utilities Administration Building See Utilities Department Memorandum No. 94-090. Commissioner Aguila felt the $100,000 estimate for abatement was extraordinarily high and asked how that figure was arrived at. He also asked if we would just be delaying the problem and if it will most likely become more expensive if the second option is chosen. In addition, he wanted to know if there are grants or public monies available to help with this cleanup. Peter Mazzella of the Utilities Department, was not aware of any grants or public monies to clean this up. He stated that the County has put together a proposal package for the City. They itemized all kinds of actual unit pricing -4- HlflUTF..~ - REGULAR CITY COMMISSION HEETIHG BOYNTON BEACH~ FLORIDA APRIL 5, 1994 activities. The $100,000 estimate was based on a square foot removal price for this type of material. Mr. Mazzella advised that staff has been talking to contractors and other people experienced with this at the County. One member of staff was sent to a four day training session so that he can bring back infor- mation, regulations, hints, etc., on what has to be done to protect the employ- ees and get the job done the correctly. Mr. Mazzella stated that one of the biggest problems is that this is in the only operational warehouse for utility supplies and it cannot be shut down. Either everything has to be moved out and stored somewhere, or it has to be done in phases, which may raise the price. Mr. Mazzella advised that steps are being taken immediately to pre-clean so that the employees can continue working safely. He stated that in the event any more material falls from the ceiling, the City now has the tools and the personnel who can mop or sweep it up in a safe manner. He felt containment would just be delaying an inevitable cost. Commissioner Aguila inquired about a more defined price. Mr. Mazzella advised that staff is going to talk to many people about this and seek recommendations. He would like to come back with some contracts, not only for a contractor to remove it, but for a consultant to watch the contractor, write specs, if necessary, and give a helping hand. In response to Vice Mayor Matson, Mr. Mazzella advised that a contractor could remove it in three weeks if the building is empty. If it is done in stages, it would probably take six weeks. Vice Mayor Matson asked if the employees are wearing special uniforms when exposed to this material. Mr. Mazzella stated that employees are not exposed to this material eight hours a day. The inventory clerk who goes to the warehouse to get parts has been made aware of the hazard. Vice Mayor Matson asked if he wears a mask when he goes there. Mr. Mazzella advised that staff does not believe a problem exists. The inventory clerk will be wearing an air monitor to prove that no problem exists. For the safety of the employees, Vice Mayor Matson felt everybody near that material should be told to put on a mask. Mr. Mazzella advised that the feed- back received from City personnel who took the training is that when you are actively handling the material, and it has been disturbed, you need to wear a special mask. These masks have been ordered. Mr. Mazzella advised that staff is trying to follow every code they can get their hands on. He stated that the Federal Register has quite a bit of information on this subject and staff is taking every reasonable precaution. The main purpose is to limit exposure. Therefore, nobody goes to the warehouse unless it is absolutely necessary. If it is necessary to go there, they are given appropriate warnings. Motion Commissioner Aguila moved to authorize the Utilities Department to proceed with their investigation. Commissioner Katz seconded the motion, which carried 5-0. -5- ,~ ' MI~NUTES - REGULAR CITY COMMISSION MEETING BOYNTO~I BEACH, FLORIDA APRIL 5, 1994 Approve proposal from Lawson, Noble & Associates, Inc, to provide design engineering services for the C-16 Linear Park Project City Manager Miller advised that the City received a grant in the amount of $148,880 for the C-16 Linear Park Project that is financed through the Community Development Block Grant Funding. This will be a lump sum not to exceed $10,000. Motion Commissioner Aguila moved to approve the proposal from Lawson, Noble & Associates, Inc. to provide design engineering services for the C-16 Linear Park Project, not to exceed $10,000. Vice Mayor Matson seconded the motion, which carried 5-0. X, LEGAL D, Other 2, Discussion reference rotation of tow contractors (Kauff's Towlng) City Attorney Cherof referred to Attorney John C. Randolph's March 10, 1994 letter. He advised that Kauff's is not the only towing contractor that took issue with the manner in which the City selected the five companies that are now participating in the rotation contract with the City. Attorney Randolph of Jones, Foster, Johnston & Stubbs, represented Kauff's Towing. He advised that Kauff's Towing has been in the business of towing in Palm Beach County for more than twenty-four years. For the past ten or fifteen years, Kauff's has engaged in business in the City of Boynton Beach. Attorney Randolph stated that on February 15, 1994, the City passed Resolution No. R94-26 which indicated that qualified contractors would be chosen to be a part of the rotation system. He read Section 4 of Resolution No. R94-26 which states that the City Commission directs the City Administration to issue to qualified towing contractors a Certificate of Qualification or letter authorizing participation in the rotating program for a maximum term of three years. In addition to this resolution, the City put together an agreement setting forth the specific criteria which would be considered by the City in determining who would be put on the wrecker rotation list. The City set up a selection committee composed of several department heads within the City, each of whom interviewed and inspected Kauff's and indicated that not only did Kauff's qualify, but that they passed with flying colors. The committee noted that Kauff's passed in all respects, whereas some of the people that were put on the wrecker rotation list did not. Attorney Randolph stated that Kauff's not only qualified, but it qualified to a greater extent than some of those com- panies ultimately selected. He referred to the review sheet prepared by the committee, which shows passing in all categories, whereas that same criteria is not met by everyone else selected. The committee determined eligibility was met by Kauff's Towing for this criteria. However, Kauff's Towing was listed in the sixth position of the eligibility list because they did not have an office and -7- 'MINUTES - REGULAR CITY COMMISSION HEETING BOYNTO~ BEACH, FLORIDA APRIL 5, 1994 Authorization to purchase Conq)utertzed Fleet Management Package for Public Works - Vehicle Maintenance Division This item was deleted from the agenda. G, Task Order #23 for CH2M Hill - Master Lift Station #317 located west of the intersection of Congress Avenue and Boynton Beach Boulevard See Utilities Memorandum No. 94-089. Commissioner Aguila felt 23.64 percent of the engineering services fee based on cost of construction is exorbitant. City Manager Miller suggested tabling this item until he has had an opportunity to speak to CH2M Hill about the fee. Motion Vice Mayor Matson moved to table this item. Commissioner Aguila seconded the motion, which carried 5-0. Emergency repair work at West Water Treatment Plant due to a lightning strike at the plant on Tuesday, March 22, 1994 Motion Commissioner Aguila moved to authorize staff's recommendation for this emergency repair work at the West Water Treatment Plant. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. I, Approve proposal from Lawson, Noble & Associates, Inc, to provide City Engineer services to the Clty of Boynton Beach City Manager Miller advised that this proposal is similar to the one the City had with Gee & Jenson when Richard Staudinger served in this position. He asked for approval to utilize Lawson, Noble & Associates, Inc. on an hourly bas s as work is authorized by his department. Commissioner Katz noticed that according to the rate schedule, it costs $30.00 an hour for clerical. Commissioner Aguila pointed out that the City is not charged for clerical services provided by Lawson, Noble & Associates, Inc. if it does not use them. He also pointed out that the Commission already approved this. Commissioner Katz stated that Lawson, Noble & Associates Inc. did not come before the Commission to provide engineering services. Commissioner Aguila stated that they came before the Commission for a continuing contract on an as needed basis. Commissioner Katz was opposed to the fee schedule and using Lawson, Noble & Associates, Inc. without going out for another CCNA. Motion Commissioner Aguila moved to approve the City Manager's recommendation. Vice Mayor Matson seconded the motion, which carried 4-1. Commissioner Katz cast the dissenting vote. - 6 '* HIflUTE~ - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA APRIL 5, 1994 facility in Boynton Beach until February 1, 1994, compared to the five other companies that had offices and facilities in Boynton Beach for more than two years. Attorney Randolph stated that suddenly a new criteria appeared, a requirement that had not been advertised. This was a requirement that now indi- cated not only do you have to have a business in the City of Boynton Beach, but you had to have been there for the past two years. He felt this was a con- venient tool to use to eliminate Kauff's and stated that Kauff's relied upon the resolution and the advertisement. In reliance upon the qualification that they had to have an office in the City of Boynton Beach, Kauff's set up an office in the City at a great deal of time and expense. Kauff's knew they could qualify under the criteria advertised. However, a new criteria indicated they could not qualify because they had not been in the City for two years. Attorney Randolph stated that Kauff's does not feel it has been treated fairly. He pointed out that the law does not support the award of a bid on the basis that someone is a local contractor. He read the following from a Court case: "Unreasonable action taken under collar of authority that materially affects substantial rights of persons and of taxpayers is contrary to the principles upon which our system of government is founded." Attorney Randolph stated that Kauff's asks that it be treated fairly and be included on the wrecker rotation list because it qualified. Vice Mayor Matson stated that she has always been opposed to the rotation system, and after the majority of the Commission voted for it, her biggest problem with it was the arbitrary figure of five. She said she was told that only five companies were Picked so that the towing companies could make money. She was not concerned about that aspect and was prepared to place Kauff's and Quik Arrival on the rotation list. Commissioner Aguila stated that the criteria was never intended to exclude com- panies from out of town. He supported the inclusion of Kauff's on the rotation list. ~otlon Vice Mayor Matson moved that the seven people who at this point now qualify be included in rotation. City Attorney Cherof advised that the resolution adopting the award criteria will require an amendment, since it states, "a minimum of three and a maximum of five companies". Con~nissioner Aguila seconded the motion. Commissioner Katz felt it would be detrimental to local companies for someone to start doing business in the City. He was against placing more than five com- panies on the rotation list. The motion carried 4-1. Commissioner Katz cast the dissenting vote. -8- ,,' MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1994 City Attorney Cherof will bring back a resolution at the next meeting. At this point in the meeting, Mayor Harmening recognized Mary McCarty, Chair of the Board of County Commissioners. III, CONSENT AGENDA A, Nlnutes 1, Regular City Commission Meeting Minutes of March 15, 1994 2, Special City Commission Meeting Minutes of March 23, 1994 3, Special City Commission Meeting Minutes of March 29, 1994 No changes were made to these minutes. B, Bids - Recommend Approval - All expenditures are approved in the 1993-94Adopted Budget 1, Co-Op Liquid Chlorine, Calcium and SodiumHypochlortte (Utilities Departnmnt) As outlined in Ms. Koester's Purchasing Department Agenda Memorandum to the City Manager's Office, the Cooperative Purchasing Council of Palm Beach County par- ticipating entities agreed to award the bid to Jones Chemicals, Inc~ of Fort Lauderdale, Florida, as follows: Unit Anticipated Item Price usage Expenditure Liquid Chlorine - 1 ton cyl. $399.00 275 Chlorine - 150# cyl. 47.00 40 Calcium Hypochtorite - # .90 60 Sodium Hypochlorite - gallons .45 30 109,725.00 1,880.00 54.00 13.50 The Boynton Beach Bid Number is 038-134-94-CJD, The amounts budgeted and the account numbers are as follows: Account #401-335-5-363.00 in the amount of $120,000, and Account #401-335-5-365.00 in the amount of $455,000. Jones Chemical was determined to be the most responsive, responsible overall low bidder. 2, Sale of Surplus Golf Course Equipment As outlined in Ms. Koester's Purchasing Department Agenda Memorandum to the City Manager's Office, the Tabulation Committee recommends awarding the Surplus Sale Items to the highest bidder for each item. A total of $2,011.50 will be payable to the City. C, Resolutions 1. Proposed Resolution No, R94-53 Re: Abandonment of a right-of-way on NW 3rd Court {between North Seacrest Boulevard and the western -9- ,~' NI'NUTE$ - REGULAR CITY COHHI$SIOH HEETING BOYNTO~ BEACH, FLORIDA APRIL 5, 1994 limit of the First Baptist Church of Boynton Beach property, abutting NW 3rd Court) Per Planning and Zoning Department Memorandum No. 94-078, approval of this reso- lution is recommended. e Proposed Resolution No, R94-54 Re: Department of Housing and Urban Development's (HUD) comprehensive grant program for modernization funding for public housing - certification of proposed housing program for Boynton Beach Mayor Harmening pointed out this includes a portion on 13th Avenue (Cherry Hilt). He felt many problems would be eliminated by using a portion of the grant money to level that site immediately. City Manager Miller advised that this can be looked at under CBDG funding. D, Approval of Bt115 A copy of these bills is attached the original minutes of this meeting on file in the City Clerk's Office. Commissioner Aguila referred to bill number 17 and asked if the City is close to reaching a conclusion in the matter of the City of Boynton Beach vs. Summit Associates. City Attorney Cherof advised that this case is scheduled for a Summary Judgment in May. The judge has agreed to split the case to hear the City's Declaratory Judgment first, which he feels will be dispositive of the case in any event. All the experts, including David H. Frank, have been put on ice at this particular point. Therefore, there will be no additional bills forthcoming from any of them until that part of the case is resolved. In response to Commissioner Aguila regarding bill number 21, Urban Forester Kevin Hallahan advised that this is for the corner plantings of the Palms along Boynton Beach Boulevard. He also advised that one more bill is forthcoming. In response to Commissioner Aguila, City Manager Miller advised that bills num- bered 36 and 48 are pass throughs. Commissioner Katz referred to bill number 2 and asked how much was spent on gathering this information so far. City Manager Miller advised that the lump sum is $75,563 and that this $7,556.30 completes the work for this phase. Commissioner Katz pointed out that only Utilities is currently able to use this information and that the City Manager previously authorized $2,900 for computer equipment and software to allow Engineering to use this information also. City Manager Miller stated that this is not a budgeted item and that he has decided to wait until the City gets a certified City Engineer on board. Mayor Pro Tem Bradley questioned bill number 42 (Subscription to SIRS). City Manager Miller advised that this is for the Library. Commissioner Aguila asked why this is paid out of the General Fund instead of the Libary Fund. City Manager Miller advised that all subscriptions are taken out of capital through - 10 - HI'lUTES - REGULAR CITY CONHISSION HEETIHG BOYHTON BEACH, FLORIDA APRIL 5, 1994 the General Fund. He will obtain additional information for Mayor Pro Tem Bradley regarding SIRS. E, Consider request for refund on Cemetery Lot 89B, Block N, Boynton Beach Memorial Park As outlined in City Clerk Sue Kruse's Memorandum No. 94-42 to City Manager Miller, Francis A. and Marguerite Lake have requested a refund on Cemetery Lot 89B, Block N, Boynton Beach Memorial Park. They will be using Lot 89A, Block N for their cremains. F, Purchase of New Greens Aerator for Municipal Golf Course Pursuant to Memorandum No. 94-007 from Golf Director Joe Sciortino, this is a request for approval to proceed with the purchase of one Model #09110 Toro Greens Aerator with half inch tines to replace the present Ryan Greensaire I unit. This unit was scheduled for replacement this year and was budgeted for $9,600. We are unable to purchase the replacement until utilizing the G.S.A. contract for $8,421.87. The Ryan unit will be sold on the next surplus equip- ment bid. G, Transfer from Contingency Fund to cover the cost of examination supplies for Pollce Department, Ftre Department and 01spatch As outlined in Finance Director Grady Swann's Memorandum No. 94-031 to City Manager Miller, three Budget Transfer Requests (General, Utility and Golf Funds) were submitted in order to distribute the Compensation Adjustment to the salary and FICA accounts for those unions which have finalized negotiations. Commissioner. Aguila questioned if this needs to be done now or if it can wait until the next budget year. City Manager Miller advised that this needs to be done now because there are openings in the Police and Fire Departments and there are no active certification lists for captains and lieutenants. Budget transfers reference distributing the Compensation adjustment to the salar~and FICA accounts for those untons whtch have finalized negotiations These budget transfer requests involve the General, Utility, and Golf Funds. Notlon Commissioner Aguila moved to approve the Consent Agenda as amended. Commissioner Katz seconded the motion, which carried 5-0. IV, ANNOUNCEMENTS & PRESENTATIONS A. Announcements 1, Proclamations - 11 - ,~ 'HI'lUTES REGULAR CITY COHMI$SION MEETING BOYHTOH BEACH, FLORIDA · APRIL 5, 1994 Arbor Day - April 5, 1994 Mayor Harmening read a Proclamation declaring Friday, April 8, 1994, as Arbor Day. 2, Recognition of ~oshua Katz for placing second In Palm Beach County Chess Tournament Commissioner Katz stated that Palm Beach County Schools recently had their 7th Annual Chess Tournament. His son, Joshua, placed second in his division out of all the schools in Palm Beach County. Commissioner Katz attributed part of children's learning experience and his son's accomplishment to the programs given by Recreation and Parks Department. He thanked Charles Frederick and Melody Green for these programs. B, Presentations 1, Employee of the Month - February, 1994 This item was disposed of later in the meeting when Det. Tony Principe was able to be present. 2. Employee of the Month - March, 1994 Mayor Harmening and City Manager Miller recognized Donna Lolas of the Library as the City's Employee of the Month for March. Ms. Lolas was nominated by Deputy Utility Director Bob Kenyon for developing the City's Workplace Literacy Program at the Library in conjunction with the Palm Beach County School Board. Mayor Harmening added that Ms. Lolas runs a very good reference department. 3, Presentation by Kevln Hallahan reference Tree City USA Mr. Hallahan thanked the Commission for their efforts towards beautification of the City and introduced Mike Greenstein, the Palm Beach County Forester. On behalf of the Florida Division of Forestry and the National Arbor Day Foundation, Mr. Greenstein presented the Tree City USA award to the City for the tenth year. He explained the four criteria which a city must meet each year to continue to receive this award. They are as follows: (1) The City must have a Tree Board; (2) The City must have an ordinance to protect the trees; (3) The City must have a management plan; and (4) The City must celebrate Arbor Day. 4, City Administration City Manager Miller expressed a concern/problem he is experiencing in the admin- istration of the affairs of the City pertaining to Commission/Manager integra- - 12 - ,' MI~UTES - REGULAR CITY CO~MISSIOH MEETING BOYNTO~ BEACH, FLORIDA APRIL 5, 1994 tion with administration (department heads and management staff) without his knowledge. He said it appears that it goes further than just requesting infor- mation; particularly, discussing direction, policy administration and specific issues, giving direction, and routing administrative issues to the Commission. City Manager Miller stated that these actions undermine him and blindside him since they place him in a position of not having complete knowledge of what is transpiring. City Manager Miller stated that without his knowledge of these items, he loses accountability and credibility with department heads and employees. He also stated that in the long run, the department personnel become accountable to the political process rather than the City Manager. He said employees cannot be going to their respective Commissioners, bypassing the City Manager's Office. City Manager Miller stated that if he is to be held responsible for the admin- istration/operation of the City, then he needs the utmost cooperation and assistance. He referred to Article IV, Section 4g(b)(c) of the Charter per- taining to the Supervision by the City Manager and Commission/Manager Integration with Administration. City Manager Miller stated that he has no control over the Mayor/City Commission; however, he does over staff and intends to take a harder stand with them and will expect their full compliance. V, BIDS Reconstruction and repatr of Oceanfront Park Beach Boardwalk - Consideration of awardtng bid to Rockland Construction Company of Ho11~vood, Flortda, and authorization to execute contract (Proposed Resolution No, R94-55) Per the Agenda Memorandum from the Purchasing Department, the Tabulation Committee recommended awarding the bid to Rockland Construction Company of Hollywood, Florida. Commissioner Aguila expressed concern about the great disparity between the low bid and the high bid and the low bidder submitting change orders. Mr. Frederick advised that the bid was discussed with Charles Layman, President of Rockland Construction Company, and Mr. Layman feels he could live with that bid and do the job, Based on past experience, Mr. Frederick felt Mr. Layman is true to his word. Mr. Frederick stated that he expected the project to come in around $300,000. He stated that Rockland Construction Company may be a little lower than expected; however, he thinks Mr. Layman can live with the bid and will not submit many change orders to jack the price up. Commissioner Aguila would have liked the liquidated damages raised to $250 per , day instead of $50 per day; however, the $250 was part of the bid package. He stated it should be at least $250 per day in future contracts. Commissioner Aguila felt it is important that the City be listed as an addi- tional insured. - 13 - *"...the $250was not part of the bid package." ~MI'NUfE$ - REGULAR CITY COMMISSION MEETING BOYHTOH BEACH, FLORIDA APRIL 5, 1994 In response to Mayor Harmening, Mr. Frederick advised that the cost would be $289,260 (Base Contract A bid, along with additions of Alternates #1 and #5 and a deduct of Alternate #4). Motion Commissioner Aguila moved to award the bid to Rockland Construction Company for boardwalk repair and replacement for $289,260, base bid, Alternates 1, 4 and 5. Vice Mayor Matson seconded the motion, which carried 5-0. Motl on Vice Mayor Matson moved to approve Proposed Resolution No. R94-55. Commissioner Aguila seconded the motion, which carried 5-0. Renewal of Contract for Sale and Removal of Lime Sludge at the Water Treatment Plant - Consideration of renewing bid with Hardrlves, Inc,, and authorization to execute contract (Proposed Resolution No, R94-56) Pursuant to the Purchasing Agent's March 29, 1994 Memorandum to the City Manager, Purchasing is requesting approval to renew the above contract for one year. Purchasing has researched the possibility of finding other companies to remove the lime sludge without charging the City, but were not able to locate a company within a reasonable distance for pickup. Bid specifications are avail- able from neighboring cities; however, they are requesting a quoted price for pickup. Hardrives is willing to pay the City $1.76 per cubic yard. Therefore, the City would collect approximately $1,000 and be relieved of the responsibili- ty of proper disposal. Motion Commissioner Aguila moved to approve the proposal from Hardrives and renew the contract in the amount of $1.76 per cubic yard for another year. Vice Mayor Matson seconded the motion, which carried 5-0. Motion Vice Mayor Matson moved to approve Proposed Resolution No. R94-56. Commissioner Aguila seconded the motion, which carried 5-0. Purchase & Installation of software and hardware system for the office of the Pension Administrator - Consideration of awarding bid to Computer Software & Lan's - Ellen A, Schaffer of Coral Springs, Florida, and authorization to execute contract (Proposed Resolution No. R94-57) City Attorney Cherof advised that a complaint was brought to his attention late this afternoon regarding the manner in which this Request For Proposals was handled. He requested additional time to determine if the allegations have any merit. - 14 - 'MINUTES - REGULAR CITY COMMISSION MEETING B~YNTON BEACH, FLORIDA APRIL 5, 1994 Morton Vice Mayor Matson moved to table this item. Commissioner Aguila seconded the motion, which carried 5-0. Modifications to Lift Station #801 - Conslderatlon of awarding bid to Utilities Servtce, Inc, of Pompano Beach, Florida, and authorization to execute contract (Proposed Resolution No, R94-58) Pursuant to the Purchasing Department's Agenda Memorandum, the Tabulation Committee recommended awarding the bid to Utilities Service, Inc. of Pompano Beach, Florida, in the total amount of $214,998. Utilities Service, Inc. is the most responsive, responsible bidder meeting all required specifications as low bidder. Motion Commissioner Aguila moved to approve staff's recommendation. Vice Mayor Matson seconded the motion, which carried 5-0. Notlon Vice Mayor Matson moved to approved Proposed Resolution No. R94-58. Commissioner Aguila seconded the motion, which carried 5-0. MAYOR HARMENING DECLARED A RECESS AT 7:52 P. M. THE MEETING RESUMED AT 8:03 Po Mo VI, PUBLIC HEARING A, High School at Quantum Corporate Park - School Board's Variance Submlsslon/closlng a portion of Park Rtdge Boulevard Be Project Name: Agent: Owner: Location: Description: Quantum Park At Bo~nton Beach James Willard, Esquire - Shutts & Bowen Quantum Associates West side of 1-95, between Miner Road extended and the Boynton (C-16) Canal HASTER PLAN MODIFICATION: Request for an amendment to the Development Order which approved Quantum Corporate Park (Ordinance No. 88-3) as outlined below: 1) Section #3: The City Commission find that the Amendment application procedure and the subsequent proceedings have been duly conducted pursuant to the provisions of Florida Statutes, Chapter 380. 2) Section #4, Subsection (1): Subparagraph (f) shall be added as follows: - t5 - ,, 'MI'HUTE~ ' REGULAR CITY COHtqI$$ION MEETIHG BOYNTON BEACH, FLORIDA APRIL 5, 1994 (E) Quantum Park at Boynton Beach, Amended Master Site Development Plan submitted February 15, 1994. 3) References throughout the Development Order shall be revised to conform to the Amended Master Site Development Plan #4, as approved, which reflects the use of a portion of the property previously designated for industrial, research and develop- ment and roadway purposes as governmental/institu- tional for a public high school. Such revisions shall be made in the interest of consistency and clarity. Tambri Heyden, Acting Planning and Zoning Director, stated that Quantum Park of Commerce, which is a partially developed Development of Regional Impact (D.R.I.), is comprised of approximately 540 acres. It is zoned Planned Industrial Development (P.I.D.) and is located on the west side of 1-95 between Miner Road and the Boynton (C-16) Canal. Quantum Associates has requested amendments to their development order. Ms. Heyden explained that the procedure is governed by Section 7 of the Zoning Code which governs P.I.D. districts. It is also governed by Chapter 380 of the Florida Statutes. The applicant is requesting that the City Commission make a determination that the amendments are not substantial in nature and that the proposed changes do not require any further D.R.I. review. A public hearing must be conducted by the City Commission prior to making a determination as to whether these changes are substantial in nature and whether any D.R.I. review is necessary. If no further review is required, the City Commission shall issue an amended development order (Proposed Ordinance No. 094-10 scheduled for first reading this evening). This procedure requires a one time change to the Code of Ordinances. Ms. Heyden used the overhead projector while explaining the amendments requested. She stated that the amended master site development plan reflects a redistribution of land uses within the park, including the introduction of a new land use called governmental/institutional to accommodate the new public high school of approximately 50 acres. Ms. Heyden pointed to the location of the high school and advised that the following tots would be affected by this amend- ment: 40, 41A, 41B, 41C, 42A, 42B, 43, 44, 45A, 4§B, 53 and 54. As of last week, Lots 40 and 41A have been added. Quantum and the school desire an option on those two lots in case the school decides to purchase more property. The amended master site development plan also reflects closure of a portion of Park Ridge Boulevard, which is the existing right-of-way dedicated to the Quantum Park Property Owners Association. It is not a public thoroughfare. Staff's one primary concern with this request is the impact on traffic and the impact the high school will have on the closure of Park Ridge Boulevard as it relates to intersections, direction of traffic flow, and circulation within the - 16- : 'MINUTES - REGULAR CITY CO~I$SION MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1994 park and the possible effect it may have on the future development of parks within the park. According to the traffic information that was submitted, the high school will not generate additional daily trips when compared to the originally contemplated land uses. The only difference primarily is the fact that peak hour trip generation for the high school is different than what the underlining land uses were. The high school will have approximately two and a half times as many morning trips and about half the P. M. peak hour trips. Based on this, among other reasons, the Engineering and Police Departments have recommended the installation of a traffic signal at the intersection of Gateway Boulevard and Park Ridge Boulevard. The Police, Fire, Utilities and Engineering Departments have expressed concern over the closure of Park Ridge Boulevard. The School Board's intention is to remove the existing pavement and replace it with a concrete plaza that will be drivable. A paved fire lane will be provided around the building. The Fire Department was also concerned with circulation through the fire lane. Because of the location of Fire Station No. 3 and theway they will be coming in, they will be conflicting traffic. The School Board has agreed to work this out with traffic engineers and their professional staff. Staff believes the dead end point would alter the existing traffic circulation. Because of the existing uses on Park Ridge Boulevard and the proposed use of the high school, you would not be able to travel west on Park Ridge Boulevard to get to Gateway Boulevard. Instead, you would have to travel a mile to get to Gateway Boulevard. This change in traffic circulation mixes trucks, tractor trailers, hazardous material transporters, school buses, delivery trucks, school visitors, and employee vehicles. Staff also believes it could impact the buildout of industrial lots along Park Ridge Boulevard or the desire of existing uses to expand. The closure of Park Ridge Boulevard requires a subdivision variance. Staff had proposed several alternatives to closing Park Ridge Boulevard and suggestions of providing an alternative right-of-way for permanent access were presented by City staff to the School Board. This item went to the Planning and Development Board on March 8, 1994 and they recommended that the City Commission approve the proposed amendments to the Quantum Park Development Order. They recommended that the City Commission make a finding that the proposed amendments do not constitute a substantial deviation under Florida Statutes and that no further D.R.I. approval is necessary. They also recommended that the Commission find that the revised master plan does not constitute a substantial change under the City's P.I.D. regulations. In a separate motion, the Planning and Development Board recommended approval of the revised master plan, subject to the emergency access management plan presented at that meeting. That recommendation was subject to staff comments and those staff comments which did not conflict with closure of the road. In addition to staff review, Florida Statutes require a review by the Department of Community Affairs and the Treasure Coast Regional Planning Council (RPC). As of the date of the staff report, Ms. Heyden received written comments from the RPC. They had three concerns, all of which have been resolved. To resolve the first concern, the addition of the fourteen acres known as the PCD Center has - 17 - ,, 'M)NUTE,S - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1994 been excluded; otherwise, it would have constituted a substantial deviation. The revised master plan has been received. The second problem was the differ- ences in the land use totals. Both of these problems are conditioned upon the Quantum development order being subject to, within one year, Quantum coming for- ward with a substantial deviation application. The last concern that Treasure Coast had was traffic and impact that the closure of Park Ridge Boulevard would have on the regional roadway network. In talking to Sally Black from the Treasure Coast Regional Planning Council, they would be agreeable to a condition being put into the development order that when the substantial deviation appli- cation is submitted an alternate internal connector be provided. Ms. Heyden advised that once the Engineering Department makes its presentation regarding the subdivision variance, two public hearings need to be conducted (one on the subdivision variance and one on the amendment to the development order). Jim Willard, Attorney for Quantum Associates, advised that this whole effort is the result of a contract being entered into between Quantum Associates and the School Board of Palm Beach County for approximately forty-eight acres in the southwest quadrant of the park. In order to accommodate the closing of the sale, an amendment to the D.R.I, is necessary to allow governmental/institu- tional as a permitted use within the development order. A preapplication hearing was held with the Regional Planning Council approximately two months ago. The Technical Review Committee met and on March 8, 1994, the Planning and Development Board reviewed the plan, focusing on the site plan itself. The primary issue was access because the School Board is proposing to close Park Ridge Boulevard. August Hernandez of the School Board, displayed the most recent site plan of the high school site. He described the location of the high school. A brand new prototype two-story high school is being proposed. Department of Education laws require the separation of student vehicular traffic from the school buses. The westernmost access point will be used for access to the student parking lot. The students will enter from Gateway Boulevard onto Park Ridge Boulevard into the student parking area. Parents, visitors and buses will enter from Gateway Boulevard onto Park Ridge Boulevard at the easternmost access. The school will accommodate 2,500 students and a full compliment of ancillary facilities that are associated with a high school. Four buildings form a central courtyard to compose the site plan. To solve the problem of emergency vehicle access, some type of deterrent such as electronic gates, the details of which are yet to be worked out, is being proposed. Since no one else wished to speak in favor of or against this item, Mayor Harmening declared public audience closed. Looking at the Technical Review Committee report, Commissioner Katz noticed that nobody voted affirmatively. He asked if staff is now ready to accept this plan. Since the issue of emergency access has been resolved, Jack DeLoach of the Police Department did not have any objections to the plan. He added that this is a better design than any of the other schools in Boynton Beach. Police Chief Thomas Dettman had no objections whatsoever and supported this plan. - 18 - ,' MInUTeS - REGULAR CITY COMMISSION MEETING ' BOYNTON BEACH, FLORIDA APRIL 5, ~994 For the safety of the students, Commissioner Aguila wanted a traffic light installed at the intersection of Gateway and Park Ridge Boulevards whether or not the studies indicate it is warranted. Mr. Willard advised that Quantum received a written report from their traffic consultants. The report indicates that a signal is warranted and Quantum agrees it should be installed prior to opening the school. They also agreed to split the cost of a three way signal, estimated at $40,000, three ways between themselves, the City and the School Board. Mr. Hernandez committed the School Board to one-third of the cost of the signal. Motion Commissioner Aguila moved to grant the variance to Appendix C, Article X, Section 1OD, Dead End Streets, and that we find that the findings necessary to grant this variance have been met. Vice Mayor Matson seconded the motion, which carried 5-0. Motion Commissioner Aguila moved that a condition of this project be that at opening of the first school day, a traffic light be placed at the western intersection of Park Ridge and Gateway Boulevards whether it is warranted by the County or not, and that the cost of such traffic light be split three ways. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. Motion Vice Mayor Matson moved to find that this is a minor deviation of the master plan. Commissioner Aguila seconded the motion, which carried 5-0. Commissioner Aguila expressed his appreciation to Mr. Hernandez and encouraged him and School Board staff to continue reviewing these plans with the City throughout the process. Mayor Pro Tem Bradley stated that this endeavor says a lot for the efforts of the Commission before he became a member. He felt that that Commission had much vision. Mayor Pro Tem Bradley also applauded the collaborative effort between Quantum and the School Board and stated that this kind of collaboration is needed today in order to accomplish tasks. He thinks this project will benefit the residents of Boynton Beach and do a lot to help the pride in the City. Attorney Cherof read Proposed Ordinance No. 094-10 by title only. He advised that second reading will be on April 19, 1994. Motion vice Mayor Matson moved to approve Proposed Ordinance No. 094-10 on first reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. - 19 - ~ "MIHUTE~ - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1994 Ms. Heyden advised that she received a FAX today from Mr. Willard's office regarding inserting new language in the ordinance. She stated that this language, as well as language regarding the traffic signal and the internal con- nector, will be included in the ordinance for second reading. ANNOUNCEMENTS & PRESENTATIONS B, Presentations 1, F.n~oloyee of the Month - February, 1994 Mayor Harmening and City Manager Miller honored Det. Tony Principe as Employee of the Month for February. Det. Principe was instrumental in implementing the City's D.A.R.E. Program and also started the County's only Juvenile First Offender Program, which received both local and national attention. Many cities throughout the country are modeling their programs after the City's. City Manager Miller pointed out that the number of juvenile arrests is down for the sixth year in a row. VII, PUBLIC AUDIENCE Jerome Yawnlck, 211 Disc Drive, asked what is going to transpire relative to the problems at Citrus Glen. Mayor Harmening hoped that some work will be done. Tom ~alsh, 1709 S. W. 18th Street, requested that anyone approaching the podium properly identify themselves, including City employees. ~onathan Owork, 154 Orange Drive, asked what has transpired to protect the com- munity of Citrus Glen. City Manager Miller advised that he met with Mr. Granados, the Building Department, and the Engineering Department and rehashed the issues~outlined in Karen Zann's letter. Mr. Granados is supposed to get back to him regarding the items he will be working on. In response to Mr. Dwork, City Manager Miller advised that Mr. Granados did not agree to do anything further than what was in that letter. Mr. Dwork asked if this is acceptable to the City. City Manager Miller did not believe so and said he will do everything he legally can. In response to Mr. Dwork, City Attorney Cherof advised that many items are being discussed. In addition, a meeting was held with the representatives of the homeowners association and their counsel. City Attorney Cherof advised that he met independently with the attorney and made a number of suggestions with respect to appropriate action he felt the homeowners could take. City Attorney Cherof thinks there are many things the homeowners can do at this time if they want to. He could not tell Mr. Dwork what the City is contemplating at this point. Bob Fried~man, 251Mega Court, Vice President of the Board of Citrus Glen, saw no progress being made relative to the problems at Citrus Glen. He pointed out the City authorized Mr. Granados to use the building only as a sales office for Citrus Glen. However, Mr. Granados is using it for a sales office for his new project on Hypoluxo and Jog Roads. Mr. Friedman stated that in February a letter was sent to Mr. Granados giving him ten days to convert that building - 20 - ,' * NINUTES - REGULAR CITY COHNISSION NEETING BpYNTON BEACH, FLORIDA APRIL 5, 1994 into a home, but the attorney gave him until July to use it as an office. Mr. Freedman said the residents do not want him using that as an office. They have been paying Mr. Granados for six years to maintain their community. Now Mr. Granados wants to use what little money is left to fix the holes in the road. Davtd Beasle~, 515 S. W. 2nd Avenue, is in the auto body repair business. He asked the Commmission to revisit the parking regulations as they affect auto body repair. He felt they are very stringent and do not take into consideration the cars in the parking garage. He is being forced to put two parking spaces inside the building and not use them for any portion of the auto repair shop because the regulations require more parking for the site. Mr. Beasley advised that they are not necessary for the business. By putting two cars in that por- tion of the building, he is eliminating the possibility of parking eight cars inside that are in line to be worked on. Commissioner Aguila informed him that staff is currently reviewing all the land development regulations. City Manager Miller advised that Mr. Beasley's request will be taken into consideration. Vice Mayor Matson felt action should be taken now. However, City Manager Miller stated that when getting involved in parking, you need to look at all the regulations and not just one category, i.e, auto body shops. Mr. Beasley advised the Commission of some of the problems he is encountering in getting this business up and running. He said the process is taking a long time. The latest stumbling block is that a one hour fire wall is required be- tween a parking garage and an auto body repair shop. This requirement does not make sense to Mr. Beasley. Mayor Harmening believes Mr. Beasley has had to wait an unconscionable length of time. City Manager Miller advised that he talked to Mr. Beasley today and thinks this matter can be resolved quickly. He advised that all Mr. Beasley needs is a rollup door. Mr. Beasley advised that he is aware of what he has to do now; however, it took three and a half weeks to get those comments. He has received responses from some departments quickly; however, he feels it has laid on somebody's desk for a week or two in other departments. He feels the process needs to be streamlined. Since no one else wished to speak, Mayor Harmening declared public audience closed and declared a recess at 9:09 P. M. The meeting resumed at 9:16 P. M. VIII, DEVELOPMENT PLANS A, Naster Plan NodJftcatton - Reductlon Jn slde setback for Sutton Place at Hunters Run Ms. Heyden advised that David Beasley, agent for Sutton Place at Hunters Run Homeowners' Association, Inc., is requesting that the previously approved master plan for Sutton Place be modified to reduce the side setback from 7.5 feet to 6 feet to construct a golf cart garage to be attached to an existing garage on Lot 25. - 21 - ,,' MINUTE, S - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1994 Sutton Place is a single-family development within Hunter's Run and is comprised of nineteen lots. The PUD is located on the west side of Congress Avenue be- tween the L-25 and L-30 canals. #orlon Commissioner Aguila moved approval of this item, subject to the TRC's recommen- dations. Vice Mayor Matson seconded the motion, which carried 5-0. B, Administrative Appeal - Checkers Drive-In RestaurantlBoynton Beach Boulevard reference use of fascta neon lights Ms. Heyden advised that Anna Cottrell, Agent for Checker's Drive-in Restaurant, is requesting an appeal of an administrative determination that the Planning Department made regarding the use of neon along the fascia of the building. The building is currently under construction at the intersection of Old Boynton Road and Boynton Beach Boulevard. It is the agent's understanding that the City Commission approved the use of neon along the fascia when the conditional use and the community design plan appeal were approved on November 16, 1993. Staff has reviewed the minutes and tapes of the meeting and it is clear that the City Commission did not approve neon along the building fascia. Checker's is located in the Spanish/Mediterranean district. There was much discussion at the November 16, 1993 meeting as to whether the architectural elements that the applicant was choosing to add transformed the building from a modern building into a building that is characteristic of the Spanish/Mediterranean style. It is staff's feeling that the neon, compared to the neon already approved, would be bright, very noticable, a dramatic use of neon, and would draw attention to the fact that the roof is not one of the treatments that is allowed in that par- ticular design district. Staff feels neon could be used if it were used in a more subdued manner. Staff recommends that the request to add the neon be approved, subject to relocating it to the soffit or redesigning the recessed area of the fascia. Commissioner Aguila expressed concern about the intensity of the neon. He asked if the intensity of the light can be toned down. Ms. Cottrell stated that the neon can be muted with an opaque, plastic, teal cover. She circulated photographs of other Checker's Restaurants with and without a plastic cover. Vice Mayor Matson moved to approve the neon with staff's recommendation to mute it with teal. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. IX, NEW BUSINESS A, Item for discussion requested by Mayor Ed Narmenlng 1, Otscuss Boynton Beach Night at a Marlln's Baseball Game - 22 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL $, 1994 Mayor Harmening advised that he has been contacted by one of the publicity and sales agents for the Florida Marlins and they would like the City to sponsor and conduct a Boynton Beach night (any night except Friday or Saturday). Mayor Harmening advised that the price of a ticket at the gate is $9; $10.50 if purchased from Ticket Master. The City will be allowed to purchase up to 1,000 tickets at $$ each. He recommended the City sponsor a Boynton Beach night. The Commission agreed and Mayor Harmening turned the matter over to City Manager Miller to make the arrangements. He pointed out that publicity will be needed. Commissioner Aguila would like a group of less privileged youth in the community to be able to attend Boynton Beach Night. Mayor Harmening pointed out transpor- tation will be needed. City Manager Miller advised that the City has some vans available. Mayor Harmening stated that this is for all residents of Boynton Beach, not just the ones that live in the City limits. B, Item for discussion requested by Mayor Pro TemNatt Bradley 1, Format for Ouallty Team Building Plannlng of the C~ty Mayor Pro Tem Bradley asked for permission for himself and the City Manager to investigate facilitators to hold a half day workshop with the Commission and City Management to look at the budget process, goal setting, and basic team building. He received the Commission's permission. C, Items for discussion requested by Comntsstoner Jose Agulla 1, Discussion on Nanagement Accountability Commissioner Aguila felt City Manager Miller's discussion regarding City Administration was very timely. He felt once you reach a certain level of management, your accountability needs to be better defined. He suggested removing department heads, deputies, superintendents, and department assistants from Civil Service, making them fully accountable to the City Manager. He felt this would allow the City Manager to evaluate these people based on performance. He suggested putting this to a voter referendum on the November ballot to let the citizens decide. Commissioner Aguila advised that he called various municipalities and did not find one of them that had employees at this level of management in Civil Service. He did not think it is appropriate for Civil Service protection at that level of management. However, he suggested that those employees be afforded a level of comfort that their jobs are safe and secure based on their performance. He felt this was long overdue. Commissioner Katz stated that he will never support removing those employees from Civil Service because it would lend itself to politicizing those positions at the whim of the Commission if somebody is upset with somebody. He did not think anybody should be removed from Civil Service based on page 218 of the City - 23 - HINUTE$ - REGULAR CITY COHMISSIOH MEETIHG B,OYHTON BEACH, FLORIDA APRIL 5, 1994 Code concerning indemnification of employees. He stated that the employees of the City do their jobs in good faith. He further stated that they make recom- mendations and we should receive all those recommendations and should not hold them accountable by being allowed to fire them on a whim. Vice Mayor Matson felt this was a good idea. She advised that in the referendum that Lake Worth just passed, they showed, as well as Boca Raton and Delray Beach, that it is the wave of the future and that there has to be some accounta- bility. Commissioner Aguila stated some of the cities have done this as early as 1980, so this is not a new wave. Commissioner Bradley sensed a problem in and amongst the ranks of the City employees. He sensed a morale problem and wondered if part of it comes from the City Manager being undermined at his position. He felt it is definitely some- thing to have the voters consider. Mayor Harmening was not sure how he felt about this issue. He stated that there is no way to give those employees any assurance of job security without a contract. He pointed out that the City has had a very good group of department heads and felt this is one of the reasons why the City is in as good shape as it is. Motion Commissioner Aguila moved to place this on a referendum in November for voter consideration. Vice Mayor Matson seconded the motion. In response to Mayor Harmening, Commissioner Aguila said this affects about thirty employees, including department heads, deputies, superintendents, and assistant deputies. He based a lot of these on pay grade level and responsi- bility. Mayor Harmening stated that the City does not have very many assistant deputies. Commissioner Aguila said he also included the three captains that act as assistant chiefs in the Police Department. Commissioner Katz felt if these employees are removed from Civil Service, they will only make recommendations when they think they have three votes. He felt the City will not get good information because they will not make a decision and will be afraid to do anything. Commissioner Aguila felt government in this country generally needs to be handled in a more effective and productive manner as in private industry where you either produce or get out. He stated that Government cannot continue to afford to automatically pay people just for their attendance. He felt the Commission has a responsibility to use the taxpayer's money effectively. The motion carried 4-1. Commissioner Katz cast the dissenting vote. 2. General Code Revisions Commissioner Aguila felt the City's Code of Ordinances are in many respects entirely antiquated and stated that City staff has been working very hard on the - 24 - MINUTES - REGULAR CITY COHMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1994 Land Development Regulations. In the meantime, he felt there is a need to start working on the rest of the Code book. He would like to institute a Chapter-A-Month Club and start dissecting the Code book. He asked City Manager Miller through City Attorney Cherof to bring the Commission a schedule at the next meeting as to exactly what he intends to do, how long he expects it will take, and when it will be completed. The Commission concurred with Commissioner Aguila. 3, 1-95/Boynton Beach Boulevard Medlans Commissioner Aguila stated that a contractor has been given the contract to completely pave all the triangular medians on the 1-95 exit ramps. They have recently done this on Woolbright Road. He asked if the City has an agreement with DOT and if not, can we make sure that they do not concrete over the medians before we have a chance to landscape and maintain them. He was concerned with beautification and was not in favor of paving the medians. City Manager Miller advised that the City has a revised permit that was sub- mitted for the Engineering Department for the three islands. Commissioner Aguila asked City Manager Miller to follow up on this matter. Consider a Proposed Ordinance Repealing Ordinance No, 79-23 In its entirety, repealing Section 18-184 (Additional creditable service for years spent on the volunteer force) of the Code of Ordinances of the City of Boynton Beach in its entirety Motion Commissioner Aguila moved the approval of this item. Vice Mayor Matson seconded the motion, which carried 5-0. The ordinance will be presented at the next regular City Commmission meeting for first reading. E, Consider proposal submitted by the Opttmtst Club reference potential development of the Quantum District Park Site Mr. Frederick referred to Recreation & Parks Memorandum No. 94-119 which sum- marizes a proposal from the Boynton Beach Optimist Club. They are interested in engaging in a major fund raising effort for the youth of the community. The fund raising effort is to take place over a two year period in an attempt to raise in excess of $1,000,000 to develop Quantum District Park. Mr. Frederick stated that because of the scope of the project, the City Attorney feels that a written agreement is necessary. In response to Vice Mayor Matson, Mr. Frederick advised that the multi- functional building will be a small building that can serve the needs of the Club and the community. This will require some adjustments in the master plan and may cost some upfront money to do some design changes. - 25 - ,'* HI:NUTE$ - REGULAR CITY COHIiISSION liEETING B~OYHTON BEACH, FLORIDA APRIL 5, 1994 In response to Commissioner Aguila, Mr. Frederick did not anticipate a major design change, and stated that the park will be owned, operated, and managed by the Recreation & Park Department and will be under the City's control. Mr. Frederick received the Commission's consenus to proceed. He will have the City Attorney and the Optimist Club review the draft agreement and report back at the next Commission meeting. At Mayor Pro Tem Bradley's request, Item G was discussed next. Consider request submitted by the Greater Boynton Beach Chamber of Commerce to use the Intracoastal Park for thetr 6th Annual Seafest scheduled for September 24 and 25, 1994, Don Finton of Finton Construction was present on behalf of the Chamber of Commerce. He requested permission to use Intracoastal Park for the Chamber's 6th Annual Seafest on September 24 and 25, 1994 from 10:00 A. M. to 6:00 P. M. Hotlon Vice Mayor Matson moved the approval of this item. Commissioner Aguila seconded the motion, which carried 5-0. F, Constder proposals from firms for providing bus shelter systems along the Nass Transit Route tn the City of Boynton Beach Allison Oliver, President of Flutie Enterprises, distributed a reference kit and introduced the members of her company. She stated that Flutie Enterprises has been installing shelters for many years. They have 250 units in Palm Beach County, Broward County, and Key West. She distributed maps showing the proposed locations of the shelters. Ms. Oliver stated that Flutie has an excellent repu- tation in Palm Beach County. Like most other shelter companies, Flutie guaran- tees the City an income of $500 per shelter per year. Ms. Oliver advised that Flutie already has experience, knowledge, and an existing national sales market. This guarantees the City of Boynton Beach that Flutie Enterprises can make sure that this product is profitable and, therefore, service-oriented. Flutie's shelters are built to South Florida Code and ADA Code. They are sturdy, do not rust, and can be customized to aesthetically match the City's needs. Ms. Oliver stated that Flutie employs minorities. She advised that a shelter program of this nature requires people with skill, experience, and accountability. Commissioner Katz asked if Flutie is responsible for maintaining their shelters. Ms. Oliver answered affirmatively. Commissioner Katz advised that his job requires him to travel from Griffin Road to Lantana, east to west, north to south, and he sees all of Flutie's shelters in these areas. He advised that they are not maintained at all. Ms. Oliver agreed that maintenance is of criti- cal importance. She stated that Flutie's shelters are on a roster and are main- tained at least twice a week. In addition, shelters that have extra garbage and typically get graffiti and trash are monitored on a daily basis. - 26 - #~NUT~$ - REGULAR CITY COMMISSION HEET~NG B~YNTON BEACH, FLORIDA APRIL 5, 1994 Commissioner Katz stated that a lot of them were missing panels. Ms. Oliver advised that in Palm Beach County, Palm Beach County actually owns the shelters and CoTran assesses Flutie a budgeted amount to fix those shelters. Three months ago Flutie went through a complete review and replacement of those shelters. Ms. Oliver stated that she will take this matter personally under advisement. In response to Commissioner Aguila, Ms. Oliver advised that Flutie has had calls in the past from people complaining about trash in some of the residential areas in Palm Beach County. Flutie does not service these shelters. However, recently Flutie was asked to take on the management and maintenance of those shelters, which Flutie does at no charge. Flutie maintains all residential shelters in Palm Beach County. One of the big problems is that residential shelters contain Plexiglas and if scratched or vandalized, it remains that way because the County cannot afford to replace them. In some of the unincorporated areas, trash collection is not regular and often people will use the trash cans by the shelters to put their garbage in. Vice Mayor Matson was distressed with some of the advertisements on the shelters. Ms. Oliver advised that the City would have the right to approve any advertisements and if the City has any objections, the advertisement will be removed. In response to Commissioner Katz, Ms. Oliver advised that the City will be guaranteed $500 per shelter per year whether or not it contains advertising. Ms. 0liver advised that 60 percent of Flutie's business is locally based. Ed Bolter, President and Chief Operating Officer of Phoenix Transit Advertising, stated that he owns 50 percent of the Key West market. Phoenix Transit is owned and operated locally by Boynton and South County residents. He stressed that Phoenix Transit is a local company and greatly involved with the community. He stated that Phoenix offers a higher bid, which potentially generates up to double the minimum guaranty. Phoenix has contract advertising as high as $925 a panel. Electrical service can be provided either underground or overhead. The shelters are wheelchair accessible. They have armrests to prevent vagrants from sleeping in them. The shelters are three-sided. He pledged to provide the finest quality care, custody and control of the shelters. Phoenix guarantees the City $500 per shelter per year or I0 percent of the gross advertising reve- nue, whichever is greater. Mr. Bolter stated that the employees of Flutie and Public Advertising live in Broward County. The equipment they use is purchased in Broward County, and their income, which is potentially earned in Boynton Beach, is spent in Broward County. Not only is Phoenix offering the highest monetary value to the City, its company, family and lives are entwined with the local economy. Commissioner Katz pointed out that in his proposal, Mr. Bolter mentions moving his manufacturing plant to the City of Boynton Beach if he gets this contract. Mr. Bolter said he is offering to set up an assembly plant and move his cor- porate offices to the City of Boynton Beach. - 27 - ~' HrHUTE$ - REGULAR CITY COHHISSIOH HEETING ~ BOYNTON BEACH, FLORIDA APRIL 5, 1994 In response to Commissioner Aguila, Mr. Bolter advised that Jacksonville Beach has before them a proposal for a contract with Phoenix. Jacksonville Beach has changed their sign ordinance to accommodate Phoenix' bid and has picked the style shelter they want. Commissioner Aguila asked about Phoenix' product. Mr. Bolter advised that since October, Phoenix has been demonstrating its product to this community. He had on display a quarter scale model of his product and stated that Phoenix is the only company that has a written proposal to customize these shelters to the City's design. Phoenix wants to be able to build its own shelters and wants its home base in this community. The shelters are currently supplied from a company in New York. Vice Mayor Matson asked if Mr. Bolter has the capital to start a manufacturing plant. Mr. Bolter answered affirmatively. Commissioner Aguila asked if the company in New York will customize the shelters. Mr. Bolter advised that upon approval of this bid, Phoenix will build the entire shelter locally. Mr. Bolter pointed out that having a local company affects response time to problems and has an economic impact on the community. Mr. Gold of Public Advertising stated that Public Advertising is the only com- pany in the State of Florida that builds a fourteen foot by five foot shelter with a roof filled with urethane to prevent the heat from penetrating to the public waiting for the bus. He has been in this business since 1977 and has 1,300 units nationally. He started an operation in Margate, Florida in 1986, where Public Advertising builds its own shelters. The shelters are made specif- ically for all weather. The roofs are built in such a fashion that no water runs off the edge. The water runs down through an opening in the roof. All wiring, bolts and nuts are concealed. The columns are steel, providing addi- tional protection in case a vehicle crashes into them. Every part of the shelter is interchangeable with hand tools and is not welded. Public Advertising's crew builds and maintains their own shelters. Public Advertising is the only company that complies with the Department of Transportation by pro- viding a ceiling light apart from the lighting in the advertising box. Mr. Gold advised that the shelters provided by Public Advertising in Puerto Rico have suffered no losses through Hurricane Hugo. Commissioner Aguila asked Ms. Oliver if there were any mishaps during Hurricane Andrew. Ms. Oliver stated that five advertising panels had a little crack in them. Commissioner Katz felt it was incumbent upon this Commission to approve the Phoenix proposal because they have been active in this community, are willing to locate their business in this community and employ people from this community. In response to Commissioner Aguila, City Manager Miller stated that we are prob- ably looking at a ten year contract. Mayor Pro Tem Bradley felt the most important thing is who is going to provide the City with the best product and who has the longest track record. - 28 - ~ N~NUTES - REGULAR CITY CONN~SSION NEETING BOYNTON BEACH, FLORIDA APRIL 5, 1994 Notion Mayor Pro Tem Bradley moved to accept Flutie as the company to enter into the agreement with. Vice Mayor Matson seconded the motion. City Attorney Cherof asked that the motion be changed to authorize the City to negotiate a contract with Flutie. Mr. Gold objected. He said Public Advertising has the longest track record, not Flutie. Mayor Pro Tem Bradley clarified his statement. He was in favor of Flutie because they have the longest track record locally and because of the rela- tionship they have established with CoTran. The original motion was withdrawn. Notion Mayor Pro Tem Bradley moved that the City enter into negotiations with Flutie Enterprises in order to provide bus shelters for the City. Vice Mayor Matson seconded the motion, which carried 3-2. Mayor Harmening and Commissioner Katz cast the dissenting votes. Mr. Gold was sure this was a political thing and not strictly based on track record, ability or the product. X, LEGAL' A, Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No, 094-8 Re: Graffiti Ordinance Attorney Cherof read Proposed Ordinance No. 094-8 by title only. No one wished to speak in favor of or in opposition to this proposed ordinance. Therefore, Mayor Harmening declared the public hearing closed. City Attorney Cherof asked the Commission to note the amendment {the addition of subsection {d} on page 2} which provides for the authority of the Court hearing the matter to award the restitution. He asked that the motion incorporate that amendment since it was not there for first reading. Notion Commissioner Katz moved to approved Proposed Ordinance No. 094-8, including the amendment of subsection {d}, on second and final reading. Vice Mayor Matson seconded the motion. Mayor Pro Tem Bradley stated that he heard discussion and there was an article in the newspaper regarding citizens' concerns over the victim being punished. - 29 - MrHUTE$ - REGULAR CITY COMMI$$IOH MEETING B~YNTON BEACH, FLORIDA APRIL 5, 1994 He pointed out that there are ordinances currently in place that require shopkeepers and homeowners to keep up their places of business or residences. City Manager Miller concurred and added that this ordinance gives further detail and involves the spray painting aspect. A roll call vote was polled by the City Clerk. The motion carried 5-0. Mayor Harmening hopes, via the newspapers, that this sends a message out to the graffiti artists. Proposed Ordinance No, 094-9 Re: Amendment to Chapter 7.5, Article I - Tree Preservation section of the Code of Ordinances setting forth a permit procedure for removal of exotic plant species Attorney Cherof read Proposed Ordinance No. 094-9 by title only. He advised that this ordinance has an amendment in Sections 2a and 2b, raising the parcel of property from one-half acre to two acres in size. Commissioner Aguila asked how the permit application fee was established and how it compares with other fees. Carrie Parker, the Assistant City Manager, advised that when the original proposal came to the Commission in concept form, a fee was not charged to encourage homeowners or business people to remove these trees. However, the Building Official felt very strongly that there should be a permit fee because staff and administrative costs were involved. Thirty-five dollars was chosen because it is the minimum fee currently charged by the Building Department. Commissioner Aguila felt the fee should be higher for larger sites that require the environmentalist to go out and tag the trees that should or should not remain. Mayor Harmening was not in favor of charging a fee, nor was he in favor of this ordinance. He feels the present system has worked fine for the past thirteen years. No one wished to speak in favor of or in opposition to this proposed ordinance. Therefore, Mayor Harmening declared the public hearing closed. Notion Commissioner Katz moved to approve Proposed Ordinance No. 094-9 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-1. Mayor Harmening cast the dissenting vote. B, Ordinances - 1st Reading 1. Proposed Ordinance No, 094-7 Re: Knollwood Groves Amendment of Rezoning Development Order - TABLED - 30 - ,~ HllqUTES - REGULAR CITY COHI4ISSION FLEETING -_ B,OYNTON BEACH, FLORIDA APRIL 5, 1994 City Manager Miller asked that this proposed ordinance be held in abeyance until after the resolutions pertaining to this matter are discussed. See discussion under Item X.C.2. After the resolutions were discussed, Commissioner Aguila moved to approve Ordinance No. 094-7 on first reading. Commissioner Katz seconded the motion. Mayor Harmening felt this is one of the best giveaways that he has seen in a long time. He did not believe the City needs more rental units. A roll call vote was polled by the City Clerk. The motion carried 4-1. Mayor Harmening cast the dissenting vote. 2. Proposed Ordinance No, 094-10 Re: Amendment to the Development Order for Quantum Corporate Park This item was disposed of earlier in the meeting. C, Resolutions 1. Proposed Resolution No, R94-35 Re: Boynton Beach Municipal Cemetery Rules and Regulations ........................... TABLED City Manager Miller requested that this item and Item XI.A remain on the table since they are not ready to be acted upon at this time. e Proposed Resolution No, R94-38 Re: Authorize execution of an agreement between the City of Boynton Beach and Knollwood Groves regarding the design and construction of Miner Road .... .. TABLED City Manager Miller advised that at the last City Commission meeting, questions were raised relative to the minimum roadway standards that would be acceptable to the County and the total amount of money it would cost to construct Miner Road to County specifications. A meeting was held on March 22, 1994 to discuss these matters. Many individuals were present, including representatives from Knollwood, engineers, and Charlie Walker, the Traffic Engineer from Palm Beach County. Various scenarios were discussed and Mr. Walker and Santiago Malavasi and Ric Rossi of Rossi & Malavasi Engineers met the following day to discuss this matter. City Manager Miller received a call from Mr. Walker on March 23, I994 outlining a proposal whereby the City and County would work together to construct the subject roadway. The proposal is that the City would turn over to the County the amount of $297,840 available from the three developers (Citrus Glen, Knollwood Groves and Gene B. Glick Company), less any consulting engi- neering costs to complete the construction plan. In turn, the County would construct Miner Road as soon as practical after October 1, 1994. They will pro- vide the additional funds to construct this roadway to County specifications and, thereafter, the City will take over jurisdiction and maintenance. The two - 31 - l~ · J ' MIXUTE$ - REGULAR CITY COMMISSION MEETING B,OYNTON BEACH, FLORIOA APRIL 5, 1994 agreements (Glick and Knollwood) before the Con~nission tonight have been before the Commission in the past. If the Commission approves these agreements, the City would be getting involved with collecting $108,515 from Knollwood and $79,124 from Glick, receive a five acre park site from Knollwood, and vest Knollwood Groves. City Manager Miller expressed concern with vesting Knollwood Groves. He pointed out that if this agreement goes through, this development will be there in perpetuity. Ms. Heyden and Ms. Cottrell explained what vesting Knollwood Groves means. Ms. Cottrell stated that this was approved in 1989 and that there are no levels of service standards that this project affects that are different than what they were in 1989, with the exception of traffic. Under the Countywide traffic per- formance standards ordinance, right now, because of the levels of service that are currently being experienced within the radius of influence of this project, the project could not be approved for anything more than entitlement density which, based on the zoning, would be approximately 22 units. This means the project is not viable. The reason we cannot meet the traffic performance stan- dards ordinance is because currently there is one section of N. W. 22nd Avenue that is operating over capacity. That section of roadway is not scheduled to be improved until FY 96/97. The reason we cannot determine the exact dollar amount for roadway improvements to meet the traffic standard is that we expect that in 96/97, roadways that are currently operating at acceptable levels, based on pro- jected growth, will be over. We can improve N. W. 22nd Avenue ahead of time if we wanted to; however, the project is not viable. If we wait until 96/97 for the County to improve it, other roadway links are going to be over. We know the cost to do those improvements is going to be over $4,000,000, based on the trafffic engingeers' best guess. The effect of the delayed developed commence- ment means that we pay current impact fees, which are higher than in 1989. Therefore, the traffic impact fees generated from this project are going to be significantly higher than what they were projected then. In addition, we pay an aggregate impact fee to the County, which was not in place when this project was approved. The dollars paid for this project to meet concurrency are far greater than anticipated in 1989. Commissioner Aguila asked how the road will be built if the Commission does not approve this. City Manager Miller advised that the City would have to come up with $108,000 from the capital. He stated that when this was approved in 1989, $760,000 for roadway improvements was attached to the approval for Miner Road and Hypoluxo Road. Hypoluxo Road has already been taken care of. If this does not go through and another developer comes in, they would be looking at other roads. The other two roadways which affect the City, which some development has to trigger to widen, is Congress Avenue from Miner Road to Hypoluxo Road and Lawrence Road. Ms. Cottrell stated that this project never officially had any impact on Miner Road. The deal that was struck regarding payment of impact fees was to improve the situation on Hypoluxo Road. The reason Miner Road was targeted was because the Melear PUD had been approved in 1987. A condition was attached to that approval that the developer construct the missing link of Miner Road. An engi- neer's cost estimate was developed and a bond was submitted by the developer at - 32 - ,~ ~ HI'HUTE$ - REGULAR CITY COMMISSION HEETING B. OYNTON BEACH, FLORIDA APRIL 5, 1994 that time for $54,000. It became apparent shortly after that bond was posted that that amount was insufficient to build the missing link of Miner Road. In addition, there were delays associated with the one-third mile that the Citrus Glen developer was supposed to have taken care of. There are some remediation costs associated with that. When this project came in, even though it had no direct impact on Miner Road, it was thought to be a good deal, negotiated through staff, the Planning and Zoning Board, and the Commission to apply some of the funds from the project that would be normally paid as impact fees to Miner Road. She emphasized that she is not asking for a waiver of one single dollar that is required to be paid either from 1989 standards or current stan- dards. The $108,000 was the number she was given from the City's consulting engineers as sufficient to take care of constructing Miner Road. It was not until last month that there was a determination made that the $108,000 was insufficient. The County has volunteered to pick up the shortfall. Mayor Harmening stated that the Code currently calls for vesting via perform- ance. Ms. Cottrell stated that since the project was approved, the original developer had very high expectations which have not been borne out by the market. Since it was approved, we have done everything we had been required to do to keep the project's approval status valid. Larry Smith represents one of the owners of Knollwood. He stated that in September of 1992, at the direction of City staff, Ms. Cottrell applied for a development order amendment to keep this project alive. Other avenues could have been pursued at that time to keep the development alive, but were not, based on the direction of City staff. Ms. Cottrell stated that this project will have a positive fiscal impact on the City in the first several years while it is building in terms of capital facili- ties charges, impact fees, permit fees, etc. Once built out, there will be a surplus of over $6,000 a year from this project above what is required to serv- ice the needs of the residents expected there. If this is not considered to be vested, the City loses any development potential for the property. Attorney James Ballerano stated that when we began in September of 1992 to arrange an agreement for the vesting of this project through the contributions for Miner Road and for the park site dedication, the City was originally antici- pating that this agreement could be a multi-party arrangement with all of the developers as parties to that agreement. As the relationships with some of those other developers either matured through those properties being vested on their own or fell apart through the institution of litigation, we were asked to sit on the sidelines as those matters were resolved. Ms. Cottrell has worked with the City to try to keep on top of how those matters were being resolved. It ultimately was determined that the way to get this agreement through was to make it a single party agreement (a single developer agreement) with the City. At the last meeting we explained we had that agreement in place and were ready to execute and tender the deed to the City for the park site. At that time we were told for the first time that $108,000 was probably not going to be enough and we met with the County to determine the numbers. We were told that the dollar amount was inadequate but the actual dollar amount had not yet been - 33 - MI'NUTES - REGULAR CITY COI~ISSION MEETING B~OYNTON BEACH, FLORIDA APRIL $, 1994 determined because we did not know the County performance standards that they were going to hold us to for the road. Since that time, the dollar amount and County standards have been fixed, and the County has volunteered to pay the dif- ference. He did not think they should be penalized for having abided by the City's recommendations. He stated that they expended significant sums of money to obtain things such as the analysis. Motion Commissioner Aguila moved to remove all proposed resolutions from the table. Commissioner Katz seconded the motion, which carried 5-0. Motion Commissioner Aguila moved to authorize execution of an agreement between the City of Boynton Beach and Knollwood Groves regarding the design and construction of Miner Road. Commissioner Katz seconded the motion. City Attorney Cherof suggested discussing the Glick agreement before voting on the Knollwood agreement. The motion was rescinded. City Attorney Cherof advised that the Glick agreement contemplates the City receiving $79,124 for a portion of the design and construction costs of Miner Road. It also contemplates that if Glick does not receive the road/traffic impact fee credits from the County, that money is returnable. The City has a bond for $54,123. The City would be required to release that bond in conjunc- tion with the agreement the way it is drafted now. The agreement would need to be amended to provide that the payment of the $79,124 in exchange for the release of the $54,123 is not contingent upon any County approval. The other aspect of the Glick agreement is that the City needs, for drainage retention, approximately a one acre pond somewhere on that property. That location has not yet been determined, and there are costs associated with the location that are not part of the $79,124. Motion Commissioner Aguila moved to approve Resolution No. R94-38. Commissioner Katz seconded the motion, which carried 4-1. Mayor Harmening cast the dissenting vote. 3. Proposed Resolution No, R94-39 Re: Knollwood Groves Road Impact Fee reference Miner Road ................................. TABLED See discussion above. Motion Commissioner Aguila moved to approve Resolution No. R94-39. Commissioner Katz seconded the motion, which carried 4-1. Mayor Harmening cast the dissenting vote. - 34 - MINUTES - REGULAR CITY COMHI$$IOH HEETING B,OYNTOH BEACH, FLORIDA APRIL 5, 1994 Proposed Resolution No. R94-40 Re: Authorize execution of an agreement between the City of Boynton Beach and the Gene B. Glick Company, Inc., regarding the construction of Miner Road .. TABLED See discussion above, Moti on Commissioner Aguila moved to approve Resolution No. R94-40 and to try to get into some sort of an agreement between Gene B. Glick regarding the construction of Miner Road and the City of Boynton Beach. Commissioner Katz seconded the motion. In response to City Attorney Cherof, the Commission indicated that this motion is subject to the amendments he discussed. The motion carried 4-1. Mayor Harmening cast the dissenting vote. 5. Proposed Resolution No, R94-41 Re: Glick Road Impact Fees reference Miner Road ..................................... TABLED See discussion above. Commissioner Aguila moved to approve Resolution No. R94-41, the Glick Road Impact Fees reference Miner Road. Commissioner Katz seconded the motion, which carried 4-1. Mayor Harmening cast the dissenting vote. Proposed Resolution No, R94-$1 Re: Authorize execution of an agreement between the City of Boynton Beach and DLW Productions Inc. - Under Fire South Florida's 911 .................... TABLED City Attorney Cherof advised that the City was looking for financial disclosure by DLW Productions Inc. They have not provided it and, in essence, it is their position that the $1,000,000 insurance policy has greater value than whatever is on their financial statement. Commissioner Aguila asked how the City is going to be protected. City Attorney Cherof stated that the gap between the indemnification and the insurance is that the language in the agreement says that they are going to indemnify the City against any claims. They are going to basically start that defense for us at their expense. The insurance will probably not pick up until after a claim is resolved in Court. Ultimately, the insurance might pick it up. However, for some period of time if they are not financially able to do so, the City would have the expense of defending itself. City Attorney Cherof stated that we frequently take indemnification on its face and either know something about the party that is providing it, or assume something about the party that is providing it. He felt the $1,000,000 - 35 - *' MINUTES - REGULAR CITY COMMISSION MEETING B,OYNTON BEACH, FLORIDA APRIL 5, 1994 insurance policy covers most of it and the indemnification is probably as good as the indemnification received from most other parties. He stated that there is no way to predict it, and we will never know until we need it. They may have a lot of money on their financial statement; however, you do not know whether or not that is encumbered money. Mayor Pro Tem Bradley felt the promotional aspect would be good for the City. Motion Mayor Harmening passed the gavel and moved to deny this resolution. Commissioner Aguila seconded the motion. The motion failed 2-3. Motion Commissioner Katz moved to approve Resolution No. R94-51. Vice Mayor Matson seconded the motion, which carried 3-2. Mayor Harmening and Commissioner Aguila cast the dissenting votes. 7. Proposed Resolution No, R94-59 Re: Appoint representative and alternate to Palm Beach County Municipal League Motion Vice Mayor Matson moved to appoint Mayor Harmening as the representative to the Palm Beach County Municipal League. Commissioner Aguila seconded the motion, which carried 5-0. Motion Commissioner Aguila moved to appoint Vice Mayor Matson as the alternate to the Palm Beach County Municipal League. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. 8. Proposed Resolution No, R94-60 Re: Appoint representative and alternate to Metropolitan Planning Organization {MPO) Motion Commissioner Aguila moved to appoint Mayor Pro Tem Bradley as the representative to the Metropolitan Planning Organization. Vice Mayor Matson seconded the motion, which carried 5-0. Motion Commissioner Aguila moved to appoint Vice Mayor Matson as the alternate to the Metropolitan Planning Organization. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. - 36 - *'MINUTES - REGULAR CITY COMMISSION MEETING B.OYNTOH BEACH, FLORIDA APRIL 5, 1994 9. Proposed Resolution No, R94-61 Re: Appoint representative to South County Council of Governments This item was deleted from the agenda. 10. Proposed Resolution No. R94-$2 Re: Appoint representative and alternate to Coalition of Boynton West Residential Associations (COBWRA) Morton Commissioner Aguila moved to appoint Vice Mayor Matson as the representative to the Coalition of Boynton West Residential Associations. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. Motion ConTnissioner Aguila moved to appoint Mayor Harmening as the alternate to the Coalition of Boynton West Residential Associations. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. 11. Proposed Resolution No, R94-$3 Re: Appoint representative and alternate to the Multi-jurisdictional Issues Coordination Forum Motion COmmissioner Aguila moved to appoint Mayor Harmening as the representative to the Multi-jurisdicational Issues Coordination Forum. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. Motion Commissioner Aguila moved to appoint Mayor Pro Tem Bradley as the alternate to the Multi-jurisdictional Issues Coordination Forum. Commissioner Katz seconded the motion, which carried 5-0. 12. Proposed Resolution No, R94-64 Re: Authorize execution of Conceptual Approval Agreement {CAA) between the City of Boynton Beach and the Florida Communities Trust {FCT} reference Rosemary Scrub FCT Acquisition Project Motion Commissioner Aguila moved to approve Resolution No. R94-64. Commissioner Katz seconded the motion, which carried 4-1. Mayor Harmening cast the dissenting vote. 13. Proposed Resolution No, R94-65 Re: Authorize execution of agreement between the School Board of Palm Beach County and the City of Boynton Beach reference the Sale and Leaseback Agreement for Mangrove Park Elementary School - 37 - - REGULAR CITY COMHISSION MEETING BEACH, FLORIDA APRIL 5, 1994 Motion Commissioner Katz moved to approve Resolution No. R94-65. Commissioner Aguila seconded the motion, which carried 5-0. Ms. Parker pointed out that because of Sue Kruse and the City Clerk's Office, the City was able to save approximately $250,000. Ms. Parker advised that they did a great job on the research pertaining to this matter. D, Other 1. Settlement Agreements a. Florida Municipal Equipment/Albany Insurance Company This claim was settled for $10,492.39 for damages to a street sweeper owned by Florida Municipal Equipment which occurred on March 8, 1993 while on loan to the Public Works Department. b. Bertha Abrams This claim was settled for $6,500 for bodily injury to Ms. Abrams resulting from a fall at Oceanfront Park. c. Vincent Tenhoeve This claim was settled for $25,000 for bodily injury to Mr. Tenhoeve resulting from a vehicle accident on April 8, 1992. d. Katherine Harp This claim was settled for $10,000 for bodily injury to Ms. Harp resulting from an attempted arrest of a family member. Motion Commissioner Aguila moved approval of all settlement agreements recommended by staff. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. 2, Discussion reference rotation of tow contractors (Kauff's Towing) This item was disposed of earlier in the meeting. XI. OLD BUSINESS A. Discussion on Cemetery Board/Mausoleum ,, ............ , .......TABLED At City Manager Miller's request, since this item is not ready to be acted on at this time, this item was left on the table. - 38 - ' ~*~L~T;$ - REGULAR CITY CONMIS$IOH HEETING ~TOH BEACH, FLORIDA APRIL 5, 1994 B. Consider feasibility of traffic stgnal at Cttrus Cove Elementary School on Lawrence Road ,,...,.,,,,, ·, · · · · · · · · · · .... ,,,,,,,,, TABLEO City Manager Miller requested that this item be left on the table. He will bring it back at the next meeting. C, Western Annexation Program (Phase 2, Group 1) - Reconsideration of Fox Hollow Community Pursuant to Planning and Zoning Department Memorandum No. 94-081, staff recom- mended that Fox Hollow not be included within this first group of Phase 2 annexations. With respect to the undeveloped portion of Fox Hollow, staff also recommends that when appropriate, a new agreement for this area should be nego- tiated, and that partial annexation of this community should be considered. It was the consensus of the Commission to approve staff's recommendations as stated in Planning and Zoning Department Memorandum No. 94-081. XII. CITY MANAGER'S REPORT A. Update on City Commission Neetlng Tracking Form Commissioner Aguila asked what the status is of the outparcels on commercial tracts and when he can expect staff's recommendation. Ms. Heyden plans to discuss this at the next City Commission meeting. XIII. OTHER A, Department of Transportation Bridge City Manager Miller reported that on March 15, 1994, the Department of Environmental Protection declared that FDOT's application is complete. He asked the Commission to stop by his office and he will discuss this with them in more detail. XIV. ADJOURNMENT There being no further business to come before the City Commission, Commissioner Aguila moved to adjourn the meeting at 1I:50 P. M. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. ATTEST: City_~5~erk e "g ecretary {Five Tapes) THE CITY OF ~B,/~YNTON BE. ACH ~~~~ Mayor Commissioner - 39 - = = 10. AGENDA APRIL 5, 1994 ADVANCED DATA PROCESSING, INC. P. O. 5694. INS., BILLING & COLLECTION FOR ALS CALLS. PAY FROM GENERAL FUND -- 001-221-5-468-00 III. CONSENT AGENDA D cc: Util, Fin, Rec $4,334.20 AERIAL DATA REDUCTION ASSOCIATES, INC. PAY REQUEST #4 AUTOMATED DESIGN MAPPING. PAY FROM W & S UTILITY REV. FUND -- 421-000-0-690-21 $7,556.30 AERO LIFE SUPPORT GROUP P. O. 5547. MEDICAL SUPPLIES. PAY FROM WAREHOUSE FUND -- 502-000-0-410-18 $1,407.48 ALLIED VAN UNES, INC. P. O. 6583. To MOVE JOHNETTA BROOMFIELD FROM POMPANO BEACH TO CINCINNATI, OH. PAY FROM GENERAL FUND -- 001-194-5-499-00 $2,559.00 AMERICAN SEEDING & WILDFLOWER P. O. 6748. LANDSCAPE PLANTINGS AROUND WELL SITES IN SUN VALLEY. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 $2,481.5O B. LC. LAWN & MAINTENANCE P. O. 6246. LANDSCAPE MAINTENANCE SERVICE. PAY FROM GENERAL FUND -- 001-722-5-430-15 $1,893.00 BOARD OF COUNTY COMMISSIONERS - PBC UTILITY REIMBURSEMENT AGREEMENT - OLD BOYNTON ROAD FROM MILITARY TRAIL TO KNUTH. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 $99,220.00 CH2M HILL TASK ORDERS PAY FROM UTILITY GENERAL FUND -- 403-000-0-690-1.0 - $943.09 PAY FROM UTILITY CAPITAL IMPR. FUND -- 404-000-0-690-10 - $1,269.48 PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 - $9,273.79 PAY FROM W & S UTILITY REV. FUND -- 421-000-0-691-21 - $1,100.54 $12,586.90 CENTER FOR FAMILY SERVICE 2 MONTH BILLING FOR EMPLOYEE ASSISTANCE PROGRAM 2/94 & 3/94. PAY FROM GENERAL FUND -- 001-135-5-482-00 $1,862.42 CH EMLIME P. O. 5718. LIME FOR CHEMICAL SOFTENING. PAY FROM WATER & SEWER REV FUND -- 401-335-5-365-00 1 CC $14,344.80 APR ,~ 1994 APPROVAL N 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. CLAREY'S SAFETY EQUIPMENT, INC. P. O. 6686. FIRE EQUIPMENT. PAY FROM GENERAL FUND -- 001-221-5-690-04 CONGRESS COMMUNITY MIDDLE SCHOOL ANNUAL PAYMENT PER CONTRACT AGREEMENT WITH SCHOOL BOARD FOR OPERATING SCHOOL. PAY FROM GENERAL FUND -- 001-721-5-499-00 DATA FLOW SYSTEMS, INC. P. O. 6778. ANALOG MONITOR MODULE. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 DELRAY AWNING, INC. P. O. 6210. REPLACE AWNING OVER DOG RUN. PAY FROM MISC. TRUST FUND -- 691-000-1-693-12 DICTAPHONE RENEWAL OF MAINTENANCE CONTRACT 4/1/94 - 3/31/95. PAY FROM GENERAL FUND -- 001-197-5-433-00 DON REID FORD P. O. 6206. 9 FORD "CROWN VICTORIA". PAY FROM VEHICLE SERVICE FUND -- 501-193-5-688-00 - $99,320.00 PAY FROM SELF INSURANCE FUND -- 622-195-5-440-02 - $12,415.00 DAVID H. FRANK CITY OF BOYNTON BEACH VS. SUMMIT ASSOCIATES. PAY FROM GENERAL FUND -- 001-141-5-468-00 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. P. O. 6292. UTILITY DACS PROJECT. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 GAME TIME P. O. 6561. SARA SIMS EXPANSION PROJECT. PAY FROM FEDERAL GRANTS -- 105-513-5-640-00 GEE & JENSON ENGINEERS, ARCHITECTS, PLANNERS, INC. CONTRACT ADMIN. SVCS. PHASE II, COMM. DEV. BLOCK GRANT, PROF. SVCS. PERIOD ENDING 2/25/94. PAY FROM WATER & SEWER REV. FUND -- 401-392-5-463-00 $6,329.00 $8,000.00 $3,696.00 $1,166.00 $1,780.00 $111,735.00 $4,925.00 $9,915.0O $3,759.00 $2,620.00 COM?vIISSION APR 5 1994 APPR~bVAL 21. GEORGE HOMRICH LANDSCAPE & DESIGN, INC. P. O. 5502. LANDSCAPE BEAUTIFICATION PROJECT. PAY FROM Couu IMPROV/CRA FUND -- 621-000-1-450-20 - $1,796.00 $5,292.00 P. O. 6749. LANDSCAPE BEAUTIFICATION PROJECT. PAY FROM COMM IMPROV/CRA FUND -- 621-136-5-630-14 - $3,496.00 22. GRAYBAR P. O. 6672. MATERIAL TO COMPLETE CONDUIT RUNS. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 $1,519.73 23. HELENA CHEMICAL COMPANY P. O. 6624. PESTICIDES/CHEMICALS FOR GOLF COURSE. PAY FROM GOLF COURSE REV. FUND -- 411-726-5-361-00 $1,305.00 24. IBM P. O. 5729. MAINTENANCE AGREEMENT. PAY FROM GENERAL FUND -- VARIOUS DEPARTMENTS $1,083.87 25. INSURANCE SERVICING AND ADJUSTMENT COMPANY WORKERS' COMP CLAIMS ADMIN. FEES FOR 2/94. PAY FROM SELF INSURANCE FUND -- 622-195-5-447-00 $1,050.00 26. INTERNATIONAL SYSTEMS CORPORATION P. O. 6580. REAL ESTATE INFO. SERVICES. PAY FROM STORM WATER UTILITIES FUND -- 425-000-0-692-10 $1,492.10 27. ITRON QUARTERLY HARDWARE AND SOFTWARE SUPPORT. PAY FROM WATER & SEWER REV FUND -- 401-334-5-499-00 $1,052.61 28. JOHNSON, ANSELMO, MURDOCH, BURKE & GEORGE LEGAL FEES - JAEGER VS. CITY, ETAL PAY FROM SELF INSURANCE FUND -- 622-195-5-468-00 $1,641.80 29. JONES CHEMICALS P. O. 5654. SULFURIC AO~D AND CHLORINE FOR DISINFECTION. PAY FROM WATER & SEWER REV. FUND -- 401-335-5-363-00 $3,280.20 30. KELLY TRACTOR COMPANY P. O. 6665. LOT CLEARING AND BRUSH REMOVAL OF SOUTH END OF PROPERTY AT EAST WATER TREAT. PLANT.. PAY FROM -- UTILITY CAPITAL IMPR FUND -- 404-000-0-690-10 $3,480.00 31. LEACHEM IND., INC. P. O. 5538. FOR CHEMICAL TREATMENT OF WATER. PAY FROM WATER & SEWER REV. FUND -- 401-335-5-365-00 $1,890.00 COMMISSION APR ,5 1994 APPROVAL 32. MARTIN FENCE CO. P. O. 6777. FENCE CASA LOMA OVERLOOK DOCK. PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-722-5-629-14 33. MOTOROLA P. O. 5558. RADIO MAINT., SERV. CONTRACT. PAY FROM GENERAL FUND -- 001-197-5-431-00 - $18,677.49 P. O. 6801. HIGH CAPACITY NI CAD BATTERIES. PAY FROM GENERAL FUND -- 001-197-5-323-00 - $2,441.60 34. THE NEWS LEGAL ADVERTISING- FEB. 1994. PAY FROM GENERAL FUND 001-122-5-470-12 35. NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT 5 YEAR PERMIT FOR WATER QUALITY MONITORING. - PAYMENT #5 PAY FROM STORM WATER UTILITIES FUND -- 425-000-0-692-10 36. OCEAN PROPERTIES BLACK AWARENESS DAY BANQUET. PAY FROM PUBLICITY FUND -- 101-191-5-455-00 37. P.R.I.D.E. OF FLORIDA P. O. 5933. 4 WORK CENTERS. PAY FROM GENERAL FUND -- 001-000-1-451-18 38. PALM BEACH NEWSPAPERS INC. ADVERTISING REC. SPECIALIST, PLAN CHECK INSPECTOR AND DISPATCHER. PAY FROM GENERAL FUND -- 001-135-5-475-00 - $1,107.98 LEGAL ADS FOR FEB. 1994. PAY FROM GENERAL FUND -- 001-122-5-475-00 - $2,714.78 39. PEROXIDATION SYSTEMS, INC. P. O. 5582. CORROSION CONTROL CHEMICAL. PAY FROM WATER & SEWER REV. FUND -- 401-352-5-365-00 0! PRECISION PRINTING COMPANY P. O. 6597. GOLF COURSE SUPPLIES. PAY FROM GOLF COURSE REV. FUND -- 411-725-5-472-00 41. RALPH HAHN AND ASSOCIATES P. O. 5146. ARCHITECTURAL SERVICES. PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-000-1-450-20 CO $1,076.00 $21,119.09 $1,271.99 $1,308.33 $1,231.18 $1,984.00 $3,822.76 $16,690.00 $4,052.80 $1,397.00 AP~ 5 i994 ApPR~jVAL 42. SIRS (SOCIAL ISSUES RESOURCES SERIES, INC.) SUBSCRIPTION TO SIRS. PAY FROM GENERAL FUND -- 001-711-5-661-00 43. SANI KLEEN CHEMICALS INC. P. O. 6578. HOR HIGH PRESSURE WASHER. PAY FROM SANITATION FUND -- 431-341-5-642-00 44. SMITH SECKMAN REID, INC. P. O. 6118. SERVICES FOR MODIFICATIONS TO HVAC SYSTEM. PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-194-5-468-00 45. SOUTHEASTERN MUNICIPAL SUPPLY P. O. 6776. EAST WATER PLANT SITE DEVELOPMENT. PAY FROM UTILITY CAPITAL IMPR FUND -- 404-000-0-690-10 46. SOUTH CENTRAL REGIONAL WSTWTR TRTMNT & DISPOSAL BD. REPAIR & REPLACEMENT - SINKING FUND - CONTRACTOR INSCHO KIRLIN, INC. #10. PAY FROM UTILITY GENERAL FUND -- 403-000-0-691-22 - $3,979.00 RETROFIT LAMPS & BALLAST - SINKING FUND - ELECTRICAL REPAIRS - GRAYBAR ELECTRIC. PAY FROM UTILITY GENERAL FUND -- 403-000-0-691-22 - $6,965.45 REUSE WATER - EXPENSES - ENGINEERING/LEGAL. PAY FROM UTILITY GENERAL FUND -- 403-000-0-691-20 - $4,176.42 47. STANDARD & POOR'S RENEWAL SUBSCRIPTION TO LIBRARY INVESTMENT PACKAGE BOUND #6080339. PAY FROM GENERAL FUND -- 001-711-5-661-00 48. STREBS II MILDRED WALKER LUNCHEON. PAY FROM PUBLICITY FUND -- 101-191-5-455-00 49. TARE LAWN MAINTENANCE P. O. 5781. LANDSCAPE CONTRACT. PAY FROM GENERAL FUND -- 001-722-5-430-15 50. TRI-COUNTY CONCRETE PRODUCTS, INC. P. O. 6176. REHAB OF LS 203. PAY FROM W & S UTILITY REV FUND -- 421-000-0-691-21 51. U.S. FOUNDRY & MFG. CORP. P. O. 6454. RINGS & COVERS. PAY FROM WATER & SEWER REV. FUND -- 401-351-5-390-06 $1,000.00 $3,000.00 $2,313.60 $2,002.80 $15,120.87 $1,410.00 $1,760.00 $2,932.00 $1,024.00 $1,382.40 COMMiSSiON APR $ 1994 APPROVAL 52. 53. UNITED HORTICULTURAL SUPPLY P. O. 5671. PESTICIDE FOR GOLF COURSE. PAY FROM GOLF COURSE REV. FUND -- 411-726-5-361-00 URBAN DESIGN STUDIO P. O. 6874. DOWNTOWN WATERFRONT REDEVELOPMENT. PAY FROM Couu IMPROV/CRA FUND -- 621-136-5-630-11 4. VALUE RENT-A-CAR P. O. 5673. CAR RENTAL. PAY FROM M~SC. TRUST FUND ~- 691-000-1-691-20 55. WATER RESOURCES CORP. P. O. 6102. STOCK & REPLACE PUMPS AT LS 806 AND 808. PAY FROM WATER & SEWER REV. FUND -- 401-352-5-433-03 - $24,600.00 P. O. 6103. REHAB LIFT STATION 203. PAY FROM W & S UTILITY REV. FUND -- 421-000-0-691-21 - $6,814.00 56. XEROX CORPORATION P. O. 5720. LEASE, MAINTENANCE AND METER USAGE ON VARIOUS COPIERS. PAY FROM GENERAL FUND -- 001-194-5-422-00 57. EUTE FIRE & SAFETY EQUIP., INC. P. O. 6853. FOR FIRE SUPRESSION. PAY FROM GENERAL FUND -- 001-221-5-361-00 58. THE FOUR M GROUP, INC. P. O. 5847. SNACKS FOR LATCHKEY AFTERSCHOOL PROGRAM. PAY FROM FEDERAL GRANTS -- 105-723-5-499-00 59. GOLDEN EAGLE P. O. 5515. PAYMENT #5 FOR COMM REDEVELOPMENT PROJECT. PAY FROM FEDERAL GRANTS -- 105-513-5-630-17 $2,348.00 $4,188.32 $1,190.00 $31,414.00 $2,414.06 $1,118.00 $1,794.00 $23,890.47 COMMISSION APR ~ ]9~4 APPROVAL THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT. THEREFORE RECOMMEND PAYMENT OF THESE BILLS. (~COTT MILLER,-'~'~Y MANAGER '7 , M SSION APR ,5 1994 APPROVAL NO. 121,. Revised 5/]/75 ~,~ Dp~p)~.~,; DIRECT PAYMENT REQUI S IT~ON Please issue a check in the amount of $ 2,620.00 Gee & Jenson En ineers Architects Planners Inc. P.O. Box 24600 West Palm Beach, Fi 33416-4600 Invoice No. 26850 - Contract Administration Services Phase II, Community Development Block Grant Professional Services Period Ending Feb. 25, 1994 Requested by James D. White, P.E. Approv a i s: Dept. Head Finance Dept. Manager Date March 18, 1994 FUND DEPT ~ BASIC ELE OBJ I AMOUNT 401 39.2 5 463 00 $2,620 00 4. TO'TAL $2,62C 0_ CO iviiw APR 5 1994 APPROVAL GEE & JENSON Engineers-ArchiJect$- Planners, Inc. PLEASE REMIT TO P.O. Box 24600 West Palm Beach, FL 33416-4600 MARCH 8, 1994 INVOICE NO. 26850 PROJECT NO. 93-134.20 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: MR. SCOTT MILLER FOR: CONTRACT ADMINISTRATION SERVICES PH II COMMUNITY DEVELOPMENT BLOCK GRANT PROFESSIONAL SERVICES FOR THE PERIOD ENDING FEBRUARY 25, SERVICE FOR THE MONTH OF FEBRUARY, 1994 TOTAL THIS INVOICE OUTSTANDING I~OICES NO. 26346 DATE 02/21/94 TOTAL 2,620.00 2,620.00 TOTAL NOW DUE /2 620.00 2,620.00 $ 5,240.00 CUMULATIVE BILLINGS FEE TOTALS CURRENT 2,620.00 2,620.00 PRIOR PDS 13,100.00 13,100.00 TO-DATE 15,720.00 15,720.00 HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMPLIED WrTH THE FAIR LABOR STANDARDS ACT OF '1938, AS AMENDED.